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FLS2004-07054 . . *1 PAID CK.NO l COOl.. DATE --~L=_Q?9- - g-f FILE - FLS2004-07054 608 HAROLD CT Date Received: 07/29/2004 HAROLD COURT TOWNHOMES,LLC ZONING DISTRICT: D LAND USE: CBD ATLAS PAGE: 295B PLANNER OF RECORD: NOT ENTERED C L W CoverSheet rI.' II I f II '\ ~- " ',,- ---1 <C Z - (!) - 0::: o ...~~ I Planning Department o i#1 100 South Myrtle Avenue : earnrater Clearwaler, Flonda 33756 _~ Telephone 727-562-4567 u~ Fax 727-562-4865 j SUBMIT ORIGINAL SIGNED AND NOTARIZED APPLICATION t SUBMIT 14 COPIES OF THE ORIGINAL APPLICATION including 1} collated, 2) stapled and 3) folded sets of site plans 1 SUBMIT APPLICATION FEE $ 1f75 * NOTE 15 TOTAL SETS OF INFORMATiON REQUIRED (APPLICATiONS PLUS SITE PLAN SETS) CASE #. DATE RECEI RECEIVED BY (staff Initials) ATLAS PAGE # ZONING DISTRICT LAND USE CLASSIFICATION SURROUNDING USES OF ADJACENT PROPERTIES NORTH SOUTH WEST EAST FLEXIBLE STANDARD DEVELOPMENT APPLICATION (RevIsed 111 18/03) - PLEASE TYPE OR PRINT- A APPLICANT, PROPERTY OWNER AND AGENT INFORMATION (Code Section 4-202 A) APPLICANT NAME ..J ,q.Mt:OS ~JJj)t::{2S, J-14R-oLD COv/Lr ~AJ.40mes , Ll--C MAILING ADDRESS Z50t, m~DII.L AveNuF.: $UI'1"€ A , Trh'vI!'A, ~L- 33fov:! PHONE NUMBER (813) Cfoz -OS-"'J8 FAX NUMBER (}JJ'3) qo2- - 0&>97 PROPERTY OWNER{S) S41>>& .45 11f1t7uC4A.Jr (Mu st In clu de ALL own ers as listed on \he deed - provide 0 ng Ina I slg natu re( s) 0 n page 6) AGENT NAME 11\ MAILING ADDRESS PHONE NUMBER FAX NUMBER CELL NUMBER EMAIL ADDRESS 8 PROPOSED DEVELOPMENT INFORMATION (Code Section 4-202.A) SERVICES CITY OF CLEARWATER STREET ADDRESS 01 subject site (ODe I "'! 0 I ",J b 6,1 ( !-I1}/ZCl-l> OJ utC7 /..-EI!i4i.- /:t3; 0:( {PTleN LOC47 t:D ON ec> IJ€I!.S iI€ET CJF tX>J.J5'rr<. u: Tf ON PLANS, (~ not lIsted here please note the location of thiS document In \he submittal) ~CELkJUrnAl=IlS L.DCATE.D dtJCavGJZ.5J./lEeT oFCONS.,.<tUC7JO"'; p~ C> 19/83 4C..tE$ -t .? -0 -1)V"" -1 -"" c:..l.',,. r'1'~r (acres, square feel) PROPOSED USE(S) AND SIZE{S) 18 UN If /11,),--.,../ M1rl1fI..Y !?r=SfDENTdt.-rPMi11dN,?,/ , WfTI-/ Z-4/)tHnoAiIlL (number of dwelling units, hotel rooms or square footage of nonresldenllal use) LEGAL DESCRIPTION PARCEL NUMBER PARCEL SIZE u~ Ir; seoJG; rRAA..JSF€llfEj) TiJ CDUR-r.<::r-ee-E7 VIL-L.q.S 7N..tbvG t{ Tj)R. DESCRIPTION OF REQUEST(S) :') IrE 'P~.Vla-OPM~I'Jr 4PAeiJlIAL TO D~w S" 1-1 €KfST/Aft;, SirE .tMJ.b Attach sheets and be specrtlc when Idenllfylng the request (Include all requested code deViations e g reduction In required number of parking spaces, specific use, etc ) COHsrRvcr lB TDWAJI-!O(}Stf ChlJ!TC, Page' of 6 - FleXible Standard Development Apphcallon- City of Clearwater ~ ~' I -JEEs THIS APPliCATION INVOLVE THE TRANSFER OF DEVELOPMENT RIGHTS (lOB), A PREVIOUSLY APPROVED PlANNED UNIT ELOPMENT, OR A PREVIOUSLY APPROVED (CERTIFIED) SITE PLAN? YES ~ NO _ (If yes, attach a copy of the applicable C1ocurnents) 11-1/ S $" I TIE IS rl-jE SErJDe R 5 ITe CJF Arb P- (HE (2Ec.E/vQ 5 I T~ (C.OUJ!.T STR.€l:r 1//L.i-FtS) I () L. BEEN sUB""" TTG"P A-.€-ONl$- WI T1-( nlc i<'..e D P,(I "IrG -rD..e I:>CCu I"l1 G"NT'J17' 10)./ / ROOF OF OWNERSHIP' (Code Section 4-202 A.S) SUBMIT A COPY OF THE TiTlE INSURANCE POLICY, DEED TO THE PROPERTY OR SIGN AFFIDAVIT ATTESTING OWNERSHIP (see P!3ge 6) / WRITTEN SUBMITTAL REQUIREMENTS: (Code Section 3-913 A) Provide complete responses to the SIX (6) G ENEAAL APPLICABILITY CRITERIA - Explain how each cntena IS achieved, In detail The proposed development of tI1e land WIll be In harmony WltI1 the scale, bulk, coverage, density and character of adjacent properties in which It IS located "Tlfe P<-cotL-~EI/ fZlfTJ6 . /lEi €Vtr; C'otlBlA46: hie :!JEj.Ji;J7Y bP rue ~51E/) 'i'4<W /.IClJ513 C cn1/l(f) tJ '7 AI?E 1# t't7rnPL,tJNcE tvlTIt a.&41<i(JI1rEIl. CoNMwJrry ~BJJrC:C06, AND Il.€h <;a...5'f5"'rD1TWr11/nleS()MawD1J,G 4RtE71 2 The proposed development WIll not hinder or discourage the appropnate development and use of adjacent land and bUildings or slgnlhcanlly Impair the value lhereof 'P.E Ft'I.oPQ5E/> 'Dt!V&u>P.1t€JJT } 5 A ~ ClUe ESlUf Iff4> U3E If..! '/7f.€[;4llA.JrOtl/)/ D Is-neler; Mil;) ~P,-,G5 bJ IT<< 71'fc S-THI.)IA4f1.b~ AiJt.> CIl/7l3IlIK SErDU-r '!v rHGC~Rw~ cCWlmv)"/I7)/il!3/El..oP4t8JrC"{)()6. 3 The proposed development WIll not adverseJy affect the, health or safety or persons residing or workmg In the neighborhood of the proposed use ' , . J:3.v U9hlAy IAJ4. hi r rJ/ '7'1f,{;" ~/P4 ~tJlt..I//~ &; CctJ6"" AMI> 4/.L C; ry ;1.v D Srllre' REt$U?Ar7 &)./$, 71/1 S I - Cgl~1 t1 /-.5 rl1e7' c 4 " ... .., ~ !f' The proposed development Is desIgned to mmlmlze traffic congestion -rilE: PI2"~ ~t.OPAtwr IS ZEsIC!iJJEP 4/1.otJP D/I-IE " '- /f4lZDLb Lw/i?T cul,.- oe-54< U:wri<-lOAl,€. AC<:::Qs VJ # IMPI AfoJ.4 AUQJdc TJfI5: Wn-L1tIlNIJ1I/;z.e ~7S 7.0 , lu/b.JEI<!. ~r,{Jta?T 5 The proposed development IS conSistent WIth tI1e community character of tI1e Immediate VICinity of the parcel proposed for development ItJ 400'7',0"'; 7'0 Cch/P---y/,<J&, bJITI--I rne5'r4fJoll-lLt;,(, F2>R.. T<-I.~CvttAtaJT 2DNUV6, ."uD LAAlQ Use' > r~/G FJi?6f'oseb 7)e\JaoPhlBJr 15 ~ol2e ~515'TJ!9J7 (,..>IO(77/~r.JPPJ1rFP ('CfJG;r72./.XTlb)J )N7j.fG'~,<J0IJJ~ AReA- 6 ThB deSign of the proposed development mlnlmlzes adverse effects, Including Visual, acoustiC and olfactory and hours of operation Impacts, on adjacent properties -r Hif5E EFt=ECT5 ARF /11/AJ / #// z6b I" J...-rri A JlE:::>> bElJT/ 4L l)eI/B.cr/'l"?liN, IN AnP n;{)).1 . T ~€ . LCCA;L l$~'I J'lA.Jb ~2T4 I L SJo,t.~\ {.LJILLE9JEF> T ~ ~ AJEL1l teGSJ t::6A17r A:I ProVide complete responses to the applIcable fleXJblflty cntena for the speCific land use as lIsted In each Zoning Dlstnct to which the waiver IS requested (use separate sheets as necessary) - Explain how each cntena Is achieved, In deta!1 NO ().)A/\/G2.. R~t..lSSrEl> sa; IJTrt4C HE. D Prlnp? nf A - FlpJClhlA c:ifrlnrl;:m1 npvp!nnmpnl Annhr-'ltlnn- r~t" nl rl.a::o..w"',,, ~ I . TORMWATER PLAN SUBMITTAL REQUIREMENTS: (City 01 Clearwater Design Criteria Manual and 202 A.21) STOAMWATEA PLAN Including the followmg requirements EXlsbng topography extending 50 feel beyond all property lines, Proposed grading Including finished floor elevabons of all structures, All adjacent streets and municipal storm systems, Proposed stcrrnwater detention/retention area Including top of bank, toe of slope and outlet control structure, Stormwater calculabons for attenuation and water qUality, Signature of Flonda registered Professional Engineer on all plans and calculabons J;d COpy OF PERMJT INQUIRY LETTER OR SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT (SWFWMD) PERMIT SUBMITTAL (SWFWMD approval IS required prior to Issuance of City Budding Permll), If applicabJe Ii!. COpy OF STATE AND COUNTY STORMWATER SYSTEM TIE-IN PERMJT APPLICATIONS, If applIcable F.) J6P.PLEMENTAL SUBMITTAL REQUIREMENTS: (Code Section 4-202.A) ~~ED AND SEALED SURVEY (Including legal descnpbon of property) - One ongmal and 14 copies, ~ J~ SURVEY (including eXlsbng trees on site and Within 25' of the adjacent Site, by species, size (DSH 4. or greater), and locabon, /:I~lng dnp lines and Indicating trees to be removed) - please design around the eXISting trees; JI;I / U~~T[ON MAP OF THE PROPERTY, ~ ~RKING DEMAND STUDY In conJuncbon With a request to make devlabons to the parking standards (Ie Reduce number 01 spaces) Pnor to the submlllaJ of thiS applicatIOn, the methodology of such study shall be approved by the Community Development Coordinator and shall be In =rdance With accepted traffic englneenng pnnClples The findings of the study Will be used In determlnmg whether or nof deVlatrons to the / Lrklng standards are approved, NOI APP 1../ CAB LE IB~DING PLAN, as applicable, " " - ~ 01 ~IN~~Y PLAT: as 'requlre~ 1('Note BUilding ~e~l~ Will not be ~~S'~,ed unbl evIdence of r~ordl~g ,a_ fi~..:P!at !~ ~~~~~" ~", , ] , III COpy OF RECORDED PLAT, as applicable; fJO/ ~PPL. r(~8t.-G , . , .' ~ G. SIl:E PLAN SUBM ITT At.: REQl:JIR EME NTS. (Section 4-20'2.A) -." ,., lIT PLAN wrth the follOWing Information (not to exceed 24- x 36") AU dimenSions, North arrow; Engrneenng bar scale (minimum scale one Inch equals 50 feet), and date prepared, Location map, Index sheet referenCing IndiVIdual sheets Included In package, Footpnnt and $Ize of all EXISTING bUildings and structures, Footpnnt and sIze of all PROPOSED bUildings and structures, All required setbacks, All eXlStrng and proposed pomts of access, All reqUIred Sight mangles, Identification of environmentally unique areas, such as watercourses, wetlands, tree masses, and specimen trees, Including descnptlon and locatron of understory, ground cover vegetation and wLldlife habitats, etc, Locatron of all public and pnvate easements, Location of all street nghts-of-way Within and adjacent to the Site, Locabon of eXlstlng public and pnvate ublitles, Including fire hydrants, storm and sanitary sewer !lnes, manholes and bft StatiOns, gas and water hnes, All parking spaces, dnveways, loading areas and vehicular use areas, DepIction by shading or croSShatchIng of all reqUIred parking lot Intenor landscaped areas, Locatron Df all solid waste containers, recycling or trash handling areas and outside mechanical equipment and all requIred screening {per Section 3-201 (Dl(i) and Index #701}, Location of all landscape matenal, location of all onsrte and offslte storm,water management facilities, location of all outdoor IIghbng fixtures, and Location of all eXIsting and proposed Sidewalks 0TE DATA TABLE lor exlsbng, required, and proposed development, In wnllenltabular form f land area In square feet and acres, Number of EXISTING dwelling umts, f Number 01 PROPOSED dwelling Units, Gross floor area devoted to each use, , Parking spaces total number, presented In tabular form Willi the number of reqUired spaces, Pace 3 of 6 - FleXible Standard Development ApplicatIOn- Cltv of Clearwater ~ Total paved area, including all paved parking spaces and dnveways, expressed In square feet and percentage of the paved vehicular area, Size and species of all landscape matenal, Official records book and page numbers of all existing utilIty easement, BUilding and structure heights, lmpenneable surface ratiO (I S R), and Floor area raUo (F A R ) for all nonresidential uses iii. REDUCE 0 SITE PLAN to scale (8 Y.. X 11) and color rendenng If poSSIble, o N07 APPUC48LB I and condition of such trees ANDSCAPING PLAN SUBMITTAL REQUIREMENTS: (Section 4-1102.A) LANDSCAPE PLAN All eXISting and proposed structures, Names of abutting streets, Drainage and retention areas Including swales, Side slopes and bottom elevations, Delineation and dimenSIons of all reqUired penmeter landscape buffers, Sight VISibility tnangles, Delineation and dimensions of all parking areas including landscaping Islands and curbing, Proposed and reqUIred parking spaces, EXlstmg trees on-SIte and Immediately adJacent tD the Site, by species, size and locatiOns, Including dnpllne (as Indicated on requIred tree survey), Plant schedule WIth a key (symbol or label) Indlcatmg the Size, descnptron, speclficatrons and quanbtres of all eXisting and proposed landscape matenals, including botar1lcal and common names, location, Size, and quantities of all9XIstlng and, proposed landscape matenals, Indicated by a key relabng to the plant schedule,' Typical planting details for ,trees, palmS, shrubs ,and ground cover plants Jncludlng instructions, SOIl mixes, backfilling, mulching and ~ ~ prqtecbve meas_ures,~ ~ )~ s..\ "' ~ r ~ fl ,l "t.-... ~ ~.J'i.. - 'j ~ ~ ... _ "j. 1 /\/ Ll....~ (-~ ..1_"'- .: ,- ;"~ ", Interior landscapJng areas hatc_hed, and/or shaded aQClJabeled and Intenor landscape coverage, expressing In.both square feet and . percentage covered" t ' - , '1_. T"" ,<Conditions of .a ~reYlolJS ~elopment aFProv~l (e g: ~ondl~qr:!s l";l~~. ~ ~~ Comm~':'lty Q,~lop!"~ 8p?rd); ~:u , ',' , I lmgatlon notes . , - , : - <" -', " ,'. - , . ( " ;: r_ ] liD j II ~ '" ~ :~\ -I- ~- .. -c.~""""-.I_..i"" ~ :~ ~~ ~ ~ I I;t REDUCED LANDSCAPE PLAN to scale (8 Y.. X 11) (color rendenng If poSSIble), fiI. IRRIGATION PLAN (reqUired for level two and three approval), ,J / A Q COMPREHENSIVE LANDSCAPE PROGRAM application, as applicable BUILDING ELEVATION PLAN SUBMITTAL REQUIREMENTS' (Section 4-202.A.23) ReqUired In the event the apphcabon Includes a development where deSIgn standards are In Issue (e 9 Tounst and Downtown Dlstncts) or as part of a ComprehenSive Infill Redevelopment ProJoct or a Resldenballnfill Project ~ BUILDING ELEVATION DRAWINGS - all Sides of all bUildings Including height dlmenSloed matenals, ~DUCED BUILDI NG ELEVATIONS - four Sides of bUlldlng WIth colors and matenals to scale (8 'Y.. X 11) (black and wh1le and color rendering, If posSible) as reqUired J. SIGNAGE' (Division 19. SIGNS I Section 3-1806) ~ EXISTING freestandsng and attached signs, ProVide photographs and dimensions (area, height, etc ), inclloate whether they will be removed or to remain , ~ All PROPOSED freestanding and attached Signs, Provide det8Jls Including location, size. height, colors, matenals and drawmg, freestanding Signs shall Include the street address (numerals) Q ComprehenSive Sign Program applicatlon, as applicable (separate application and fee required) tJ /A o Reduced slgnage proposal (8 'Y.. X 11) (color), If submltbng ComprehenSIve Sign Program application tJ {A Paoe 4 of 6 - FleXible Standard Development ApplicatiOn- CltV of Clearwater ,- ,a ~. RAFFIC IMPACT STUDY: (Section 4-202.A.13 and 4-801.C) !I Include as requITed IT proposed development will degrade the acceptable level of service for any roadway as adopted In the ComprehenSive Plan Tnp generation shall be based on the most recent eeMlen of the Institute of Transportation Engineers Tnp General Manual Refer to Secbon 4-801 C of the Community Development Code for exceplrons to thrs requirement NOT R.EQl.h fE.b,' PE:"e.. (o/JVIER.S4-r'oN b,Ji 7H {' f""'Y L. SIGNATURE: er or representative STATE OF FLORIDA, COUNTY OF PINELLAS i'- 'k- befon~. . lJ'Ie thIS ~ day 20CJ..:::l to me and/or . who IS Rersonally known of by has as I, the undersigned, acknowledge that aU representabons made In thiS applicatIon are true and accurate to the best of my knowledge and authonze CIty representatives to VISit and photograph the property descnbed In thiS apphcatJon JOAN JREDEllaREED , of Florida My Comm Expires Mar 16 2008 No 00301003 ' " ' . " -'1'1 , , , , \ -- " ~, ! ',- '" ~ ;"0 >c- '. , " " , ',' , .' '" .. 'e <"'r.', .J ~ 'l ?~ -' t -t ~ [ ~~ I-~..r )...r .; /....... . " , . , ~. .... -... '.... l ~u. ...~ ....:::fl~~ ~""r'" ~~ 1"'~ rJ_ ~ L. \..... , ,,-- .. ..... ......~ ~ ...... ....~ J....i I '"t.,.......~ :f'I ~.....'./r"J"'H.....~ I "WP'.fo" ,,- Paae 5 of 6 - FleXible Standard Development Application- t:11v nl ('IAilrwilfp.r REc!lVED JAN J 1 LUll:J PLANNING DEPARTMENT CI1Y OF CLEARWATER ORIGINAL Harold Court Villas STORMWATER MANAGEMENT PLAN Prepared For: Harold Court Townhomes, LLC 2506 Macdill Avenue, Suite A Tampa, FL 33629 Prepared By: Matthew D. Campo, P.E. Florida Reg No. 53988 Burcaw & Associates Engineering, Inc. 6402 W. Linebaugh Avenue Tampa, FL 33625 " December 2004 Burcaw Project No. 04561 Harold Court VIllas Stormwater Management Plan Prepared For Harold Court Townhouses llC I. INTRODUCTION It IS the mtent of this report to produce a quality surface water management plan for the project, which satisfies the requirements established by the Southwest Flonda Water Management Dlstnct (SWFWMD) and City of Clearwater II. GENERAL INFORMATION A Location The proposed residential townhome community IS located In Section 16, Township 29 South, Range 15 East (a 08183 acre parcel) on Harold Court In downtown Clearwater (see Location Map) The stormwater pond being used for the proposed townhomes IS located on the south Side of Harold Court on the west adJacel1t property B Sewer Service and Water Supply Water and sewer services Will be provided by the City of Clearwater There are no eXisting wells on site Burcaw & Associates, lnc 1 July 2004 HAROLD COURT VILLAS CITY OF CLEARWA TER, FLORIDA Eng=on _",n P_ FIGURE 1.1 DATE SCALE JOB NO EnYinJnmmt.d Scmct:ll ~1;;.vml~lh."\16~~^ LOCATION MAP June 2004 1" = 1000' 04561 PHONE.l 811 Ul 41ItS; DRAWN SSW FAX 811I!l.8i:i.II08 _~=rom CK'D BY MDC Harold Court Villas Stormwater Management Plan Prepared For Harold Court Townhouses LLC C ZoninQ, DRI and Other Permits 1 Zomng The site hes In the Downtown Dlstnct, which IS compatible with the proposed development 2 DRl's No DRI was required for this project 3 Other PermIts No other permits have been Issued for this property Permit applications are being submitted to the CIty of Clearwater and to the Southwest Flonda Water Management Dlstnct (SWFWMD) D References The Input data developed for the hydrOlogIC model utilized the methodologies outlined In the "Urban Hydrology for Small Watersheds" SCS Technical release 55 Manual (TR.55) Other deSign manuals referenced Include SWFWMD's "Management and Storage of Surface Waters Permit Information Manual", and City of Clearwater Stormwater Manual Topographic Survey Topography of the study area was prOVided by Burcaw and ASSOCIates, Inc and by use of SWFWMD Aenal Photography with Contour Maps SOil Conditions The SOIls and land use mformatlon was proVided by use of the Plnellas County SCS SOils Survey Manual and supplemented with on-site bonngs by Burcaw Geotechnical Group, Inc E Maintenance of the Stormwater System The detention pond, Inflow and outflow structures Will be owned and maintained by the Home Owner's ASSOCIation A regular maIntenance program Will be developed for the site In a form Similar to the "Operating and Maintenance Instructions" hsted on the followmg page Burcaw & ASSOCiates, Inc 3 July 2004 , ( Harold Court Villas Stormwater Management Plan Prepared For Harold Court Townhouses LLC 2. OPERA TION AND MAINTENANCE INSTRUCTIONS Oceratlon The project's stormwater management system IS a gravity operated system and requires no operator action Maintenance 1 Ditches and Swales All dItches and swales shall be penodlcally mowed and cleaned Dunng the mowing operation, ditches and swales shall be Inspected for bare spots, damage, and erosion Any bare spots greater than one square foot In area shall be seeded or sodded to replace the grass cover In case of erOSion or damage where underlYing SOIl IS mlssmg, the missing sOil shall be replaced and the area brought back to grade then seeded or sodded as required 2 Inlet Grates Inlet grates Will be checked monthly for damage or blockage Any damaged grates will be replaced or repaired Any debns blocking full flow through the gate Will be removed 3 Pipes and Inlets PIpes and Inlets will be Inspected yearly for damage or blockage Any damaged pipes or Inlets Will be repaired or replaced Any trash, debns or sand deposits will be removed 4 Detention Ponds All SIde slopes and maintenance berms WIll be penodlcally mowed and cleaned Dunng the mowing operation the ponds Will be Inspected for bare spots, damage erosion Any bare spots greater than one square foot In area Will be seeded or sodded to replace the grass cover In case of erosion or damage where underlYing sOil IS missing, the missing sOil Will be replaced and the area brought back to grade with seeding or sodding as required In addition, cattails, bulrushes, and other nUisance vegetation Will be cut back from Inlet or outfall structures, to mInimum extent needed to maintain design -') discharges All Inflow and outflow structures Will be maintained by the procedures outlined for pipes, Inlets and grates Burcaw & Associates, Inc 4 July 2004 Harold Court Villas Stormwater Management Plan Prepared For Harold Court Townhouses LLC III. BASIS OF ANALYSIS The follOWing descnbe the parameters used In the stormwater analysIs This project qualifies as a minor system for SWFWMD and requires treatment only The preferred method of the City of Clearwater for small sites IS the Rational Method which was used to show the pre vs post volume comparisons A Runoff Coefficients and Curve Numbers The rational runoff coefficIents 'C' and SCS runoff curve numbers 'Cn' were developed consldenng sOil type, land use, slope and depth to groundwater table The follOWing table lists the land use, Cn, and C values used on generatmg the pre and post-development runoff hydrographs PRE/POST DEVELOPMENT LAND USE , ~ C-':;; IN~''7r' ~~' <",~ ...." ~'" ~........ ,"". ~~'":1 "f<" .... "''''{:,'''''';'~~ - o en Land 1m ervlOUS 49 I 39 98 020 095 Open Water 100 1 00 "'Refer to the Natlonal Engineering Handbook, Section 4, Hydrology, Chapter 9 B Rainfall Intensity Amounts For the Water Management District and the CIty of Clearwater, treatment and attenuation shall be provided based on FOOT JDF curves C Time of Concentration The Time of Concentration was calculated based on length of flow path, slope, and type of cover The calculation for the Time of Concentration IS Included In the appendiX Burcaw & ASSOCiates, Inc 5 July 2004 - , SOILS Ub - Urban Land HSG B J ~E U\P;~\R'tic ~ ,,_ \ 'l".~ 7Z'~& & AssocIates, Inc ~~;:,.;;:- &402 ::':~~\j~~wU. A f>HO",r .!IB lUI2 4lllS .fAX .!Ill aB~ ,3iBrnI """""'" bura~ =m U"60I!ll!!l'O FIGURE 1.3 SOilS MAP DATE SCALE Not To Scale ssw MDC JOB NO 04561 June 2004 DRAWN CK'D BY Harold Court Villas Stormwater Management Plan Prepared For Harold Court Townhouses LLC D Groundwater Conditions The seasonal high groundwater elevation was determined In the field at 6 feet below natural ground per the Burcaw Geotechnical Report and Soli Survey of Plnellas County Pond bottom elevation was established at 295' In addItion, field permeability tests were performed on-site, and have indIcated vertical and hOrizontal hydrauhc conductivIty of 3 5 ftfday and 18 5 ftlday, respectively See attached Geotechnical Report E Desiqn Criteria The proposed development must adhere to two sets of deSIgn criteria, the City of Clearwater Department of Public Works Storm Drainage DeSign Criteria, and the SWFWMD crltena For SWFWMD, the proposed project requires treatment volume of 112ft of rainfall over the project Site, as consistent With the CIty of Clearwater's reqUirements For the City of Clearwater, a deSign frequency of the 25 Year storm IS used In theIr analYSIS IV. DESCRIPTION OF ANALYSIS A Drainage Basins Included In the appendix IS a Dramage BaSin Map depicting the baSin hne used In thiS analYSIS That portion of Harold Court and ItS nght-of-way that currently drains to the Inlet at the east property line was Included In the dramage baSin ThiS area IS equal to 6,429 SF of off-Site land In return, the four-umt building to the east (an area equal to 4,658 SF) IS proposed to discharge east, Into the eXisting Inlet The proposed trade-off would treat and attenuate a larger area of land With a greater pollutant load (road pollutants versus roof top runoff) The total area of land Included In thIS analYSIS IS 0 7044 acres B ExistinQ Conditions The eXisting sIte contains three Single-story wood frame buildings, a two-story wood frame bUilding, a single-story masonry bUilding, and associated concrete Burcaw & ASSOCiates, Inc 7 July 2004 Harold Court Villas - Stormwater Management Plan Prepared For Harold Court Townhouses LLC accessways The balance of the site IS grassed With fair cover The entire site drains generally to the east Into the City of Clearwater's storm sewer system C Proposed Conditions In the post condition, the site WIll be developed as resldenlial townhomes Treatment and attenuatIon Will be handled In the proposed stormwater pond at the southeast portion of the site POST CONDITIONS POND DATA TABLE 1 295 nla 3020 nla 3293 223 Note All elevations In ft -NGVD All flows In cfs O. 100 Year Floodplain The site IS Within the FEMA designated Flood Zone "X~ per FIRM Community Panel #12103C 010BG revIsed September 3,2003 See Flood Map Flood Zone "X" denotes areas outSide of the 50D-year floodplain No flood encroachment IS proposed for thIS project. E Water Quality Treatment Water quality treatment Will be provided to meet cfltefla set forth In FOEP 62-25 regulations uSing dry retention The first half Inch of runoff from the area WIll be treated In the pond between the pond bottom and the deSign low water (DLW) A modret analYSIS and pre calculations have been prOVided to demonstrate recovery of the retention volume wlthm 24 hrs F Wetland Impacts No wetland Impacts WIll result With the development of thIS project Burcaw & ASSOCiates, Inc 8 July 2004 ~LANO I--- STI1EET "";;;;~~~~';;"<"'1'c;~-,;;...... , ""~*;';""'<'""'p~.,.I\$1~t"i~"'" ~I;,~';~_~ ~3t$ '"'~, ~L, S~ ~~; -~<~ "';;";"" ".. J'~ ~~~ i} ~~ }J.'ifM....,ft-r ~JWt L ClEYELANO ~"" 8[]1~ ~ :"i PIERCE STREET ~g~ D-. ~ 51 FflANKlIN STREET ~_/~ ~rni n II STREET ~; ~~ I 16 ~ ~ MARKLEY ST'" :::l DB =m CHESTNUT I STREET "ITI EET "'p t~ ~ ~:t_"L At l! ~~r: ~ ~ "-".~j, '~#;.,""" r 'P-iERC'E: .::.t ~ .i.}" >j'/lj ~ ~.: ctO: ~ - .It ~~1; "~" _"Y..'1~"'d ..")j'",,,. ~~~ ~ ~~i: ~ WJo ~ \ .-~' STREET ~:~"I "'~"" J < . \~ \'2, I-- tM~ ~ :;"*,,>$~ J. ..~ ~ ~/~..:i~ ~ ~* ~~ . 1,>,..-::<" . "~~ ~ ~ STREET ~~; 'O--! ~ ";'~_ ',*J" j ~ "-i!$i )~1, ~\*~ \ ,& c-"', .{ _ ;#~tr:Jt i';, \. . - . J;;r " ~.~'C, l.v,~~ '1~~ \ !1." ~ '" ~ ~ - ~i El'~ '~!;i;};~r~~ > ;'.1"1fi'~~fd:' ~ :F'-~ ~~.J!~ :l;;f'- - ~illN.-~~ "',,' '::< ~~!::. #.~ w :, z , ~ - '" - COURT - == f-- I- - "I - ~ ~ ]- n w :, z ~ z 5 o '" STREET ...... [ I " - - it~ ~ - I - T ';" " - - ~ f~ If - - OIJD +11'11 /L ~i; - If~ - ~ I~ ~ w ~ :0 Z W :;;: i- n I-- - ,.O~~ - u..... __. ~ ~~~ STREET ~ cern il - J ^ -_. - ,~ mtBttiBB =r- "''^ - ~ I ~ T . 'Ae" ..~ '''^V JASMINE WAY - _-r ( ..L '- r:: I t- :;'1 1 n T 1M SOURCE DATE ZONES FEMA FIRM NO 12103C 010BG September 3,2003 OX" - Areas determmed to be outsIde 500~year f100dplam "?~ ~~ ~'i'(ln r~ FIGURE 1.2 DATE SCALE JOB NO ~B~lv\RC~ ~ _<01_ ~ ~ , ~, ~2~~~\jfiJ~~A. June 2004 Not To Scale 04561 ~ ~'" FLOOD MAP & AssOcIates, Inc PHOl'-E! IB lI:8~ 431.5 DRAWN SSW fAX AL1 au lBDJI .,.....,,~'I51II.C~ ~"(OilI?O CK'D BY MDC I I _ v. APPENDIX Burcaw & Associates, Inc Harold Court Villas Stormwater Management Plan Prepared For Harold Court Townhouses LLC 1. Drainage Basin Map 2. Calculations A. Runoff Curve Numbers B. Stage Storage Calculations C. Pre/Post Rational Method Calculations D. AdlCPR Analysis 3. Modret Analysis 4. 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'" <U ~=' I " ~~7_77 I ~ - , ' Q~' r,~"" "I ~ID:: : "20 d / /I~: ,/ ///""'/'/ / /1 :: ~J ~II I ] / : / / /~' g; -LLL..ZL'l~Y-L.LJ I Ii :,~~ ~;o/ / g.~ --- :: ~/:Jfti! -:'\1..1'1 I, - DL ~ " Jl~ IFIa~ I o~ IlO: .... 0...1'\ I ! I ~ ~?~,11 :~ r 2~ : ~ i ...e I: ~ ~;- // ;.I, -.l GIll "~li",-'=' · ~ I i I ~~~: I ;~'m-~-- ~e' .. II I ~~n~F rff 4llr- ~j~~}:4 ii '; " ~~V! _____grl_..L-~~-_~.l.-~-~---~.. --_J~~.6"'::"_ --~:-----~___~..T_ t _~:.: W~ ~.::: N89'32'41"w r /LL2Z}F'J " -:;=-;=-;=-;=-;=-;=-;=-;=-;=-;=-;=-;=-;=-;=-;:-;:-;;-;;-;,;;:~;~~;:;~-;_;~;~;.;_:;~;~;.-;_:.;.;.-;: _ -=- .J "_~h__;..nL 'L=~~~:~-=-~_! I i 1 , , ---- - ~ - - - - - --- - ~ - ~--- - - -- - - - - - - - ~ - ---- ~ - --- --- --~ ---- ~ PRE CONDITIONS DRAINAGE BASIN (0 734 ACRES) ~ ~g.. ~----~'t ;t.....~ ......_~ E.1gai0tll 5.w-Ft:t'DI'1I ~ ;,t::fct~'rL:J/::""...~'" o~l<)' E.",,,,,,,,,,.,," ""''''' .:C>~L'lt.I~L:.5 '"Y,.,.Vt ").d:A 4" ft...'%( 0-ir~ ~ ~ ~~..... M-02 w Lm:b.~ AT!: Su:.~.A TMnpl FIoftda n~:JI.5 & A I PHONiE! Bill 8824815 SSOclates nc FA)( "'.., "Ill' , t _~ooim:o:JIII FIfIII~dA~~1rn HAROLD COURT VILLAS PRE BASIN MAP DATE SCALE JOB NO JANUARY 2005 DRAWN CK'D BY 1" = 40' 04561 BW Me , I I I I I I I I I --------------+--------- , I POST CONQITIONS DRAINAGE ~ASIN (0 734 ACR~S) I I -\ '" ~ :'Z.. filii LL LLLLLL LLLLLL LLLLLL LLLLLL L..&..LLL aLL JQ'Q"[ ~ L L- ". LLLLLL "' LLLLLL LLLLLL LLLLLL . 'LLLI,.L " LL~ LLi::L LLLM..... LLLLLL LLLLLL LLLLLL LLLLLL LLLLLL L...L... ~ LLLLLL LLLLLL LLLLLL LLLLLL LL L LL f- ri I I L-.J ~' '.- ,. I I ! I : I : I : I : ----~_...J I I I =----~--~------- -::c:--~......___ ~,..:.7... -- - " --I----~-~------------- --~ ---------~-~---~ L LLLLL LLLL LLLLL LLLLL Lfttc Llt:~t LLLLL LLLLL LLLLL LLLLL " I, ~ 118' ~ : ': :: : ~ n " .' " " n d " " : ~ " " U iW , o I 1 e ; e I ! I I ~ ~~====::~:!::~~::~::~~~~~Ji[~ ~ -:;~~=;=-;=-;=-;~-; =-;,="; ~-;~-;=-;=~::-; =--;=-;::.-;:=-;~~ =;::--;=-;=~::~::;;~~-;~;~~_~lt:t~.~~_:=::c~.._= .:_-:_~- - e e .1I"Tl - u - 11 I I o>"<l. ---- - --1 , 1 t ---- - - - - -- -- - ~--- - - ----- - ---- - - --.---- - - -------- - _ _ __ __1 .J!A eG t~g&\Ra~w ~~ -( ~"" >&, ;"'~~t;&c ~f & ASSOCIates, Inc. ~~Scr..a;"""'" HAROLD COURT VILLAS POST BASIN MAP DATE SCALE JOB NO MO~w ~h.A~ ~u:::^ T.-rnP"l~11625 PHONE 81 ~ 88:2 41HS .FAX !l13 BalUn! ..........~~t'DII:l Fil'l\CoftdIa1t;orA~foo...177't JANUARY 2005 1" = 40' 04561 DRAWN CK'D BY BW Me Harold Court Villas Stormwater Management Plan Prepared For Harold Court Townhouses LLC Runoff Curve Numbers Burcaw & Associates, lnc B July 2004 ...... w ..r>- co o ""tI Ql CO CD ...... ...... ...... ...... o tJ o o 01 gg~-9~d' !!.a.CDgjg(n jlJ'J/<cn......'?' iil 0-001:7 I>> C tIl ::l CD II {/,I Q ;:a: CO .2 ~ \J (/,I 3 U> CD ~ a CI) ~ > m Ql 0000 :""'00)0> o 01\:1 co ......00 oc.ol\:l() 0010 () >< 0000> 0) 0 <:.n a o a c.o 1\:1 1Il(j)() ~~~ o.{/,I(!) , :; 'J/ ..... co (1 'J/ 0 - < (1 CD o ..... ~ :; o Co en II ~ rC ::r - CD c.. n ;::;. o ::l ? 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I ......tJ o CD ::J ~ 0" "tI :3 CD :, - en n en ::u c ::l o ::: n c < CD Z c 3 C'" lD ... ...... w ..r>- c.o o "lJ Q) (0 (!) ...... ...... ...... ...... o tJ o o 01 ( , 1 {1 0/2005 Time of Concentration Job# 10-510 20 Flow Type Length (feet) Slope Velocity Land Use P (incbes) n Flow Time BASIN From To (Ft (See) (hours) dense , PRE Sheet 0 110 001200 n!a grasses 430 024 0272 Shallow dense Concentrated 0 0 001154 1 73 grasses 430 n!a 0000 Open Channel n!a nJa Flow 0 0 o 00000 055 430 0000 Time of Concentrabon 0.27 Prepared by 134901/10/2005 Page 1 Burcaw & Associates, Jnc ( Harold Court VIllas Stormwater Management Plan Prepared For Harold Court Townhouses LLC Staae Storage Calculations C July 2004 r ( Water Quality Treatment Harold Court Villas Pond ~ PrOject Project No Date FIlename' 05.Jan-05 Basrn Area o 704 Ac ~ Runoff (m) 05 m Top of Bank EI 335Ft Area@TOB o 0440 Ac Pond Bottom 295Ft Increment 1 Ft SIde Slopes o 1 Area A vg Area Volume Acc Vol Trt Vol ElevatIon (Ac) (Ac) (Ac-Ft) (Ac-Ft) (Ac-Ft) DLW 2950 004 o 0000 004 004 o 0293 3017 USE 30.2 3050 004 0.0440 004 004 3150 004 o 0880 004 004 3250 004 o 1320 004 004 TOB 004 o 1760 ReqUIred Treatment Volume o 03 Ac - Ft Calculated DL W 30 17 Ft j ( Harold Court Villas Stormwater Management Plan Prepared For Harold Court Townhouses LLC City of Clearwater Pre/Post Rational Method Calculations \ Burcaw & Associates, lnc o July 2004 ( City of Clearwater - RatIonal Method AnalysIs Water Quality CONVERSION TREATMENT AREA RUNOFF FACTOR VOLUME DLW (Acres) (In 1 Ifeet Ilnchl (Ac-FtI lElevl Harold Cl Drainage ellS'" o 7044 05 0083 o 0294 TOTAL o 0294 30 17 - Use 30.20 ~ Intetpo_ horn Sllll!",SiDmI!" Tab'" Water Quantity AC I A Conversion Volume DHW (Post. Pre) 11n I HrI (Acresl (sac I hour) ( Ac-Ftl (Per CitY) Harold Ct Drainage Basin 058 36 o 7044 3600 01216 Treatment Volume o 0294 , TOTAL 01510 3293- - IntB<1><Jlated from Stag...Slorage Table (r Harold Court Villas Stormwater Management Plan Prepared For Harold Court Townhouses LLC AdlCPR Analysis .J Burcaw & AssocIates, Inc E July 2004 ~~~___________~~~~~~~~~~=~~~~~~~~~~~c~~=~~============~~~~~~~=~~~==~~~~~~~=~~~~~~==:====== ==== Bas~ns ============~~~~~~~~~========================================================= ===============~~~___~___~~~_~___~~__w_=~==~=~======~~~~~~~~~~~~===~~~~~~~~~~~=~~==~~~~=== Name Group POST BASE Un~t Hydrograph Ra~nfall F~le Ra~nfall Amount (~n) Area (ac) Curve Number DCIA(%) Name Group PRE BASE tJn~t Hydrograph Ra~nfall F~le Ra~nfa11 Amount(~n) Area (ac) Curve Number DCIA(1r) Node Type POND SCS Un~t Hydrograph Status Ons~te 256 0 24 00 10 00 o 00 999999 000 Status Ons~te Uh256 Flmod 9 000 o 704 91 00 o 00 Pea}nng Factor Storm Durat~on(hrs) T~me of Conc(m~n) T~me Sh~ft(hrs) Max Allowable Q(cfs) 256 0 24 00 16 00 o 00 999999 000 ==== Nodes ======================================~=~====~~~=============================== Name Group Type POND BASE Stage/Area Node Type BNDRY SCS Un~t Hydrograph Uh256 Flmod 9 000 o 704 72 00 o 00 Peak~ng Factor Storm Durat~on{hrs) T~me of Conc{m~n) T~me Sh~ft(hrs) Max Allowable Q(cfs) Base Flow(cfs) o 000 Stage(ft) Area (ac) 29 500 30 SOD 31 500 32 500 34 000 Name Group Type POST BNDRY BASE T~me/Stage T~me (brs) o 00 12 00 24 00 o 0440 o 0440 o 0440 o D440 o 0440 Base Flow(cfs) o 000 In~t Stage (ft) Warn Stage (ft) 29 500 34 000 Stage(ft) 27 500 28 750 27 500 In~t Stage(ft) Warn Stage (ft) 27 500 28 750 ~_~__~_~~~~~_~~~~~=~C_~~__~~______=======~~=~~~~~~~~==~==========~===~==~~~~~_~~~_M~_~_~~~ ==~= Drop Structures ===================================================================== Name CS100 From Node POND Length (ft) 8 00 Group BASE To Node POST BNDRY Count 1 L UPSTREAM DOWNSTREAM Fr~ct~on Equat~on Average Conveyance Geometry C~rcu1ar C~rcular Solut~on Algor~thm Automatlc Interconnected Channel and Pond RoutIng Model (ICPR) ~2002 Streamlme Technologies, Ine Page 1 of3 (- Span (~n) 15 00 15 00 Flow Both R~se (~n) 15 00 15 00 Entrance Loss Coef o 500 Invert (ft) 27 550 27 500 Ex~t Loss Coef o 000 Maruung' s N 0 013000 0 01.3 000 OUtlet Ctr1 Spec Use dc or tw Top Cl~p (~n) 0 000 0 000 Inlet Ctr1 Spec Use dn Bot Cl~p (~n) 0 000 0 000 Solut~on Incs 10 Upstream FHWA Inlet Edge Descr~pt~on C~rcular Concrete Square edge wI headwall Downstream FHWA Inlet Edge Descr~pt~on C~rcular Concrete Square edge wI headwall I I ! I \ *** We~r 1 of 1 for Drop Structure CSIOO *** Count 1 Bottom Cl~p(~n) D 000 Type Vert~cal Mav~s Top Chp(~n) 0 aDO Flow Both We~r D~sc Coef 3 130 Geometry Rectangular Or~f~ce D~sc Coef 0 60D Span (~n) 2 00 Invert (ft) 30 200 R~se (~n) 9999 00 Control Elev (ft) 30 200 TABLE =:~~~~~~~~~=~c~~c=======~===~==~~~~~==============~~~~~__________~~_____~__~_~_~__________ =~== Hydrology S~mulat~ons =~==~~================================~======================== ===~~~____===~=C==D=~~======~==~~~~==~===================~~~~~~~~_~~~~:====~==~~=__~_=_~~_ Name F~lename 2Syr24hr F \ProJects\Eng~neer~ng\04561\Correspondence\Dra~nage\Round 3\2Syr24hr R32 Overr~de Defaults No T~me(hrs) Pr~nt Inc(min) 24 000 5 00 =======~________=__====~=~~D~=~======~==~:~~~============================================= ==== Rout~ng S~mulat~ons ~=~===~~~~======================================================= ======~_~~__~~===__==~~=~=~~=c==~======~~~~===:===========================~~~~=~~~~===~=:= Name F~lename 25yr24hr Hydrology S~m 2Syr24hr F \PrOJects\Eng~neer~ng\04S61\Correspondence\Dra~nage\Round 3\2Syr24hr I32 Execute Alternat~ve Yes No Restart NO Patch No Max Delta Z(ft) T~me Step Opt~m~zer Start T~me (hrs) M~n Calc T~me(sec) Boundary Stages. 1 00 10 000 o 000 o 5000 Delta Z Factor o 00500 End T~me (hrs) Max Calc Tlme(sec) Boundary Flows 24 00 60 0000 T~me(hrs) Pr~nt Inc(m~n) 24 000 5 000 Group Run BASE Yes ~~~~=~~~==================================~~==~~~~~~~C~~~~==============~~=~~~~~~~======== ==== Boundary Cond~t~ons ==-===-=-==================================~_==_================= =:=:__~_~~========~==========~~==============_~~~=~~~~~~~~~~=c~~=======~~~~=__~~=======~=~ Interconnected Channel and Pond Routmg Model (lCPR) <02002 Streamlme Technologies, Inc Page 2 of3 r BasJ.n Name Group Name SJ.mulatJ.Ou Node Name BasJ.n Type unJ. t Hydrograph Peakl.ng Fator Spee Tl.me Ine (mJ.n) Camp Tl.me Ine (mJ.n) Ral.nfall Fl.le Ral.nfall Amount (l.n) Storm Duratl.on (hrs) Status Time of Cone (mJ.n) Tl.me Shl.ft (hrs) Area (ae) Vol of unl.t Hyd (J.n) Curve Number DCIA (%) TJ.me Max (hrs) Flow Max (cfs) Runoff Volume (l.n) Runoff Volume (ftJ) BasJ.n Name Group Name Sl.mulatJ.on Node Name Basl.n Type unl. t Hydrograph l'eakl.ng Fator Spec TJ.me Ine (ml.n) Camp Tl.me Ine (mJ.n) RaJ.nfall Pl.le Ral.ufall Amount (l.n) Storm DuratJ.Dn (hrs) Status TJ.me of Conc (mJ.n) TJ.me ShJ.ft (hrs) Area lac) Vol of UnJ.t Hyd (J.n) Curve Number DCIA (%) Tl.me Max (hrs) Flow Max (cfs) Runoff Volume (l.n) Runoff Volume (ft3) POST BASE 25yr24hr POND SCS unJ.t Hydrograph Uh256 256 0 1 33 1 33 Flmod 9 000 24 aD OnsJ.te 1D 00 o 00 o 704 1 000 91 000 o 000 12 04 3 665 7 910 20226 716 PRE BASE 25yr24hr BNDRY SCS UUJ.t Hydrograph Uh256 256 0 2 13 2 13 Flmod 9 000 24 00 OnsJ.te 16 00 o 00 D 704 1 000 72 000 o 000 12 09 2 257 5 580 14258 327 Interconnected Channel and Pond Routmg Model (ICPR) <92002 Streamlme TechnologIes, Inc Page I of I r ...... 0 tl OJ) 0: :-:;l: <ll r-O p., rOO.... 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Burcaw & Associates, Inc / r Harold Court Villas Stormwater Management Plan Prepared For Harold Court Townhouses LLC Modret Analvsis F July 2004 / MODRET SUMMARY OF UNSATURATED &. SATURATED INPUT PARAMETERS PROJECT NAME: Harold Court Villas MANUAL RUNOFF DATA USED UNSATURATED ANALYSIS EXCLUDED Pond Bottom Area 1,917,00 ft2 Pond Volume between Bottom & DHWl 7,66800 ft3 Pond Length to Width Ratio (LjW) 1.12 Elevation of Effective Aquifer Base 23.50 ft Elevation of Seasonal High Groundwater Table 25 50 ft Elevatlon of Starting Water Level , 29.50 ft Elevation of Pond Bottom 29 50 ft Design High Water level Elevation 33.50 ft Avg, Effective Storage Coefficient of 5011 for Unsaturated AnalysIs 0.23 Unsaturated Vertical Hydraulic Conductivity 3 50 ft/d Factor of Safety 2.00 Saturated HOrizontal Hydrauhc Conductivity 18.50 ft/d Avg. Effective Storage CoefficIent of Soli for Saturated AnalysIs 030 Avg Effective Storage Coefficient of PondjExfiltratlon Trench 100 Hydraulic Control Features: Top Bottom Left Right Groundwater Control Features ~ Y IN N N N N Distance to Edge of Pond 000 000 000 000 Elevation of Water level 000 000 000 000 Impervious Barrier - Y IN I y y y y 27.501 Elevation of Barner Bottom 27.50 2750 27.50 , r'" MODRET TIME - RUNOFF INPUT DATA PROJECT NAME: HAROLD COURT VILLAS STRESS INCREMENT VOLUME PERIOD OF TIME OF RUNOFF NUMBER (hrs) (ft3) U nsat 000 000 1 100 1,278.00 2 5,00 0.00 3 6.00 0.00 4 6.00 0.00 5 6.00 000 6 6.00 0,00 7 600 000 8 6.00 0.00 9 600 000 10 600 000 11 6,00 0.00 12 6,00 0.00 13 6.00 0.00 1 I I I r MOORET SUMMARY OF RESULTS PROJECT NAME: Harold Court Villas CUMULATIVE WATER INSTANTANEOUS AVERAGE CUMULATIVE TIME ELEVATION INFILTRATION INFILTRATION OVERFLOW (hrs) (feet) RATE (ds) RATE (ds) (ft3) 0000-000 25.500 0.000 * 0,00000 000 25.500 0.04173 o 04142 100 30 089 o 04111 000 o 03954 600 29 718 o 03546 000 0,03056 979 29.500 0.02703 0.00 0.02350 18,00 29 109 o 02113 000 001876 2400 28 897 o 01716 000 001555 3000 28 722 001442 0.00 001328 36,00 28.572 o 01244 0,00 0,01159 4200 28 442 0.01093 0.00 001026 48,00 28.326 o 00974 000 o 00921 5400 28 222 o 00878 000 0.00835 6000 28,128 o 00799 000 o 00763 66,00 28 042 o 00733 000 0.00702 72.00 27 963 0.00 MaXimum Water Elevation. 30089 feet @ 100 hours Recovery @ 9.793 hours * Time Increment when there IS no runoff WARNING MaXImum Infiltration Rate. 1.867 ft/day Exceeds Vertical Permeability 1 750 ft/day c} - a:l < o c 3 CD ~ ~ ;::;' ::l - m 3 CD CD c.. '3=' (1't II (ri ...... - f\J ....., ex> m ;:e Volume Infiltrated (fP) ..... -" -" .po. m - -" I\J W (1't -.....I (Xl <0 0 -" I\J 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ..... I I I -I I 1 I I I I I - -I ~ -I - ~ ,. I I I I I I I - - -1- - 1- - ;- I I I I 1 I I I I I I -l-~f---;-'" I -......... - --+-- , Z "T1 r- -I -I - -, - - 1- - ~ I 0 Z i-T-- I -, - -, - -1- - I I I I - f I I\J - ....L - -1 - -1- -1- w .po. _-1-_-1. I ..J_ -'- -1- - ::I: I )> ;::c o r- 0' (') o c ;::c -I ~ r- r- )> en I I _ .1 _ _I _ I I I _1- _I_ I I I I - - _1- _ f -.....r I - - _I- I I I I - ~ -- I (Xl I I I 1 I 1 I - - ~ - I I I I <0 Water Elevation (ft) f\) c.o 0'1 o w o ...... f\) Z "T1 I r- I """i: s: ~ tu W __...L_ X I ::t ~ I 0 Dl I Z .-+ CD .., ~ I m - ~ - - ::I: m I > < ::I ;0 tu 3 0 - 0 CD r- :J 90'1 - - ~ -- C II .., i C') CIl W ......... 0 0 C 0 ;0 (0 (J) 1 - -- - -I = :5: I I r- r- > "'"..1 - -- - - - - ~ - - - - -- - I-~- - en I I I (XI - ~ -- - - - - ~ - -,- - -- - c.o -~___....L____ Harold Court Villas Stormwater Management Plan Prepared For Harold Court Townhouses LLC Geotechnical Study Burcaw & Associates, tnc G July 2004 ,I Geotechrucal Group Incorporated · Geotechnlcal Engrneenng . Construction Matenals Testing . June 22,2004 Mr Matthew Campo,P.E 'I Burcaw & Associatess Inc. 6402 W Linebaugh Ave, Sull:e A Tampa, Flonda 33625 RE: Geotechnical Exploration and Testing Harold Court Development Pinellas County, Florida BGG Project No.: G04.611 Dear Mr Campo Burcaw Geotechnical Groups Inc. (BGG) has completed the geotechnical subsurface exploration for the above noted project We provIded our servIces In general accordance WIth our proposal nu mber G P04-654, dated May 19, 2004 The purpose of our study was to explore the subsurface soli and g rou ndwater conditions wll:hm the vlcinll:y of the proposed storm water ponds ldentrfied on a sll:e plan provided by you The subsurface salls were explored through the advancement of four (4) hand auger bonngs Two (2) field permeability tests were also performed In pond areas during our field work ThiS boef report summanzes our review of applicable published srte Information, our,field exploration and presents the results of our field testing CURRENT AND PROPOSED DEVELOPMENT The property IS generally a rectangular shaped parcel located north Of Pine Street and east 'of IndIana Avenue In PlneJlas County, Flonda The property IS currently occupied by several one and two story bUlldmgs conslstmg of single family homes and a smalllndustnal b~rldlng The propertY is bordered by open lal)d to the west WIth Indiana Avenue beyond and reSidential development to the north and south The property IS further:bounded by an Improved parking lot to the east From our review of a conceptual site plan proVided we understand the planned development Will consist of the construction of about 18 town homes In four separate buildings The project Will also Include the excavation of three storm water ponds and the construction of asphalt dnveways and extenor hardscape PUBLISHED SITE INFORMATION As part of our study we have revIewed applicable sections of the $011 Survey for Plnellas County Flonda According to the "SOil Survey of Plnellas County', as prepared by the U S Department of Agnculture Natural Resource Conservation ServIce (formerly the 5011 Conservation Service) the subject property IS pnmanly underlain by · Urban land - Astatula complex, The NRCS descnbes thiS unll: as a mIXture of Astatula fine sand and urban land that IS covered wll:h houses, Industnal bUildings, pavements and other structures Thls,complex has been modified by cutting, gradIng and shaping , 6402 W LInebaugh Ave> SUite A Tampa, FL 33625 www burcawmc com Phone 1 8138184606 Fax 18138916686 P. ..sed Harold Court Development BGG Project No G04-611 June 22, 2003 Page 2 SUBSURFACE CONDITIONS Dunng our field exploratIon four (4) hand auger bonngs were advanced to depths about 8 feet below ground surface (bgs) The hand auger bonngs were advanced by manually rotating a hand held, small dIameter bucket auger Into the su bsulface sOil The cuttings brought to the surface were logged In the field and representattve samples obtained at each change In soil stratum In general, our hand auger bonngs encountered brown to pale brown fine sands from ground sulface to the auger term I nation depth at 8 feet Detailed descnptlons of the salls encountered In au r hand auger bonngs are presented on the attached auger bonng logs Grou n dwater was not encou ntered over the 8 foot depths explored No I ndlcatlon of mOlstu re was apparent In the 5011 samples recovered from our hand auger bonngs We therefore estimate the depth to groundwater to be at a depth greater than 8% to 9 feet (bgs) at the tIme our auger bonngs were performed The seasonal high water table IS tYPically encountered dunng late summer follOWing the rainY season. Several factors can affect the seasonal hIgh groundwater level such as drainage charactenstlcs of the sOils, land surface elevation, and relief pOInts such as lakes, nvers and swamps Based on our past expenence, the soli indIcators exposed In our bonngs and our review of the sOil survey for Plnellas County, we estimate the seasonal high groundwater level at this site may be encountered at a depth about 5 feet below current ground surface FIELD PERMEABILITY TESTING Two field permeability tests were performed In pond areas at thIs site The locatlons of our field testm g can be I nferred from th e attached Plate 1, (Boong and Test Location Plan) Ou r field testing was performed based on failing head test methods The testing was performed at an approximate depth of 4 feet (bgs) Groundwater was not encountered at the test locatIons WIthin the depths explored by our hand auger bonngs Estimates of both vertical (Kv) and honzontal (Kh) hydraulic conductivity based on our field testm9 are presented In the followmg Table Kv Kh* Location Vertical Hydraulic Honzontal Hydraulic ConductiVity ConductIVIty (ft Jday) (fllday) Perm 1 7 14 Perm 2 2 6 LIMITATIONS This report h as been prepared for the exel USlve use of Burcaw & Associates, Inc., for the speCIfic applicatIon to the project prevIously discussed Our findmgs have been rendered uSing generally accepted standards of geotechmcal englneenng geology practice In the state of Flonda No other warranty IS expressed or Implied p, Jsed Harold Court Development BGG Project No G04-611 June 22, 2003 Page 3 Our findings are based on the design Information furnished to us, the data obtained from the previously descnbed subsurface exploration, and our expenence They do not reflect vanatJons In the subsurface conditions that are likely to eXist In the region of our hand auger bonngs and In un explored a reas of the site These vanatlons are due to the Inherent vanabllrty of the su bsu rface conditions In this geologic region CLOSING Burcaw Geotechnical Group Inc. (BGG) appreciates the opportunity to be of service to Burcaw & Associates, Inc by providing these geotechmcal consulting services If you have any questions concerning our findings and test results, please do not hesitate to contact the undersIgned Sincerely, Burcaw Geotechnical Group. Inc. /~~o R ~:;IGeotechnlcal Engineer .?J S( , ,,(~yo f George J Stepanchak, P E Geotechnical Department Manager Fla Registration No 58390 Attachments Bonng and Test Location Plan (Plate 1) Hand Auger Bonng Logs 9 \prCjects\20Q4 proJects\g04-611 harcld court development geo\g04-611 harcld court deveIopment- perm's doc I I \ i I C"J ~ to l~ ~~ ..a y 5' ~ n ~ 4~lii I[ :~;= f~ f~ 8Hih~ P > c:J: m)> <:::0 mO II OC "tin sO me Z:::o ~~ n 0 0 J: :oJ o~ 7< ]> o ~ O'lm Z a ""-l Qt.. a U)lJJ +:>. ;;:0 Z '" () -l ]> ,- m (fJ ""[] ~ (j)o m ~~ ...... I 0 CD ...... ...... o :oJ ]> ~ Z Gl "'0 :oJ o < a m o <:II -< <:II C :0 s; I ~ ,~ '" I t I '1 ~' " ]> _.1 , ' € '" ' , "1, 13 : "U i ~~ Q , I' , rr1 q '~ ~ C-, I ." 'I ~ .,., ~ I .',1' ~ 1 I \ __~~''''_"'''' J r1 f -"1 ~ I ~J i{-I~ NC>,)'tf~ 1''3 '2~'~' t ~~\!~; ? lit ill 1,2 \ l_,~ _ t III I L ~ I ~~ '" - - ,-"~ ~l;~~-~fi -- t1lfl F L_ r? -u1j ~l fti i \~~I ~ : -r ~ Ii L!J I ' . --,.~-~ 0_ - -- - l' \ i 1 '" O_N()>.' 2$'111 VI -...-- 116 Fl \ '- ,- - , r I', - ' ' _ I ~_M.' ~-~!ii: -< L_ 7~>+,............-~.. of! - .:c-~-- '" 'm': ::;;:;. r'+-,--+~' :::s'- -........ J> ;0 ...._~~ ~'1;ll'lt~ rJ - -.(] ..... t-1""IM~f'I"t-"r' )'l ~...~ o4aI-~ ~ ~ I' ~","",,"*\:f-++.-r1lu-...........w.,...-.. . - ~ ~ i.I:Il!l.)l\N' 1 <' <I ~ 1;%'t'i NORTH "'.... ~c_<!> ~W "-'~ .:J I I .'tJiI o~ ~~"7'~~~l;;t :;0(l34"i"ii~~ '" d~ 16W", % r-- .,d ~ ~~ ! ~~ ~& ... . ~ ...... m~ @ -:LO "11'" _0.-, '" ., "', OJ 0 ::u - z C) :t> -0 Z 0 r :t> -l Z fTl tn -l r 0 () :t> -l - 0 Z . 3) ~ " p" ~ -c:- .. I -.. i:il,j' ,,= - I} \ ~ f~ I : \l~ I ~ h~ ~~ r I ~~~ ~~i I! ~ a.2 __ z !~9 <n ~~~ ~ ,''"I "'" - -, --- ~ -~~--~- ~ ~ 'I ~l ~ :T1!S ~ ~~ ~ 11 r " M :c :;u ):> s::: I I r .-~ rr1 I ""U C) )> f"T1 Z :;;:a rr1 0 3:: Z rrl )> )> 0 C OJ G) C rrl -; :;;:a -< OJ -; 0 fTl :;;:a VJ - -; Z G) AUGER BORING LOGb BGG Proiect No. G04-611 AUQer BonnQs performed 05 25 04 . HA~1 Depth (ft ) 0-11;2 1~ -8 8 SOil Description Brown, very fine SAND (SP) with trace rootlets and roots Pale brown, fine SAND (SP) with trace rootlets and roots, at 3~ feet minor orange staining BOring terminated Groundwater was not encountered at completion of bOring HA-2 Depth (ft ) 0-1 1-3 3-8 8 SOil DeSCription Brown, very fine SAND (SP) with trace shell and rootlets Pale brown, very fine SAND (SP) LIght brown, fine SAND (SP) with trace orange mottles BOring terminated Groundwater was not encountered at completIon of bOring. HA~3 Depth (ft ) O-~ 1;2 - 2~ 211z - 8 8 SOIl DeSCription Brown, fine SAND (SP) with trace roots, rootlets and shell Pale brown, fine SAND (SP-SM) with trace Silt, shell, roots and rootlets Light brown, fine SAND (SP) with trace orange mottles, at 5 feet trace roots BOring terminated Groundwater was not encountered at completion of bOring HA~4 Depth (ft ) o -1~ 1 ~ - 21;2 211z - 3 3-8 8 SOil DeSCription Gray~brown, fine SAND (SP-SM) with trace SlIt, rootlets and roots Brown, fine SAND (SP) with trace rootlets and roots Pale brown, fine SAND (SP) wIth trace roots LIght brown, fine SAND (SP) with trace roots, at 31;2 feet trace orange mottles BOring terminated Groundwater was not encountered at completion of bOring 1 '" I ' (" 'j BlARCAW ORIGINAL & Associates, Inc. L.md Planncr~ el\!]] Engmeers Lmd Surveyors Ldnd5cape Archlte(,t.~ Con~tructlOn Tn~peGtor~ GeotechnIcal Engmeer~ En VII onmenta] SClenLl5ts 6402'W Lmebaugh Ave SUIte A Tampa, FL 33625 Phone 18138824815 Fax ,1 813 882 3808 wwwburcawmc com September 29,2004 File 04561 PR --.-- - --- ... I ' 6 (?'f"::::J '" \\ '7 I? 1- " -.. '\ 'L..- 'r U 1,--, j4 \ \ I; I::::. I . ,', " 6 ~ ~ J \1 b . 0 ' I' ,_ ] I , r r- rl I ; J"llj SEP 2 9 2004 i_~:i Mark Parry City of Clearwater 100 S Myrtle Avenue Clearwater, FL 33756 PU\NNING & O[VELOP";\ENT SERVICES CITY OF CLEr\RWATER Project Case No Subject Harold Court FLS2004-07054~ 608 Harold Ct Draft Action Agenda - Response to Comments Dear Mr Parry In response to comments received at the September 9,2004 ORC meeting, we are submitting to you the following , . Fifteen (15) caples Revised Construction Drawings, . Five (5) caples RevIsed Stormwater Management Report, . Five (5) caples Response from Architect, . Five (5) sets Revised Architectural Drawings, . Fifteen (15) caples Project NarratIVe J n add ItlO n, fifteen (15) caples of th IS letter are I ncl uded _The fo Ilowl ng are speCific responses to the comments generated by the Development Review Committee General Engineering: , 1) Provl~e a 5 ft Sidewalk along Pine Street to the easterly property line The 5 ft sidewalk has been continued along Pine Street to the east property line. , I 2) Show where guest Will park Guest parking is not a requirement of the City of Clearwater Community Development Code. However, two-car garages are provided where only one space is required, allowing fC?r a guest space. On-street parking is also permItted along one side of the 24' internal streets per Code Section 3-1904. - I 3) Show all eXlstmg utilities (gas and sanItary sewer) along Harold Court , - The gas and sanitary sewer utility Imes along Harold Court have been added to the plans. " , ' " r ~ 1 , ' l j " I , " --;-_-. /............ -:"'J 1"' f"'" r.....1 :; r-" \r..t ....- ,.-...~ _.... { ....1..-:]..... ~ ~ ~,J it, " \ 1 =- t....' I ~ L (, t-'Z1 _ 1 \ ,I ~--' '-- -- . t t ____---1 j " . ~ \........ 1'''''''---- 1" 1...... , ~ 1 I , - 1 I \ . 1\ ~ ~ \ ,! 1 SEP 2 9 )004 ~ I -:> \ - \ ~j ""~ \ 'rr\'I~LOOMENl "\ PlAr--I\"iNG ii, .' <:'1 RJ1CES CI rv .or- Cl E"HV~ATER 4) Provide" agreements and easements for this property to, connect'to the ,existing retention pond and the eXisting storm system, , , The owners have reached an agreement and are in the process ,of drafting these documents. Easements Will be, shown on the plat. , , " ..)..... ~ 5) If an egress needs to be prOVided f~om the rear of unlts.to meet bUildIng , and/or Fire Department requirements, the stoops Will need to be shown on the site plan "' ' Noted. , ' :' 6) PrOVide storm structure numbers on each structure The size requirement (or easements' required for the proposed storm system for Harold Court may reqUire system redeSign The storm structure numbers were madvertarltly ieft off'of-the site plan. They have be'en added. ~ee Sheet 5. " , 7) PrOVIde the cross-sections as depicted on Sheet 5 - - ~ ,r The cross-section; have been included in the. plans." - , ~ , , \ 8) PrOVide a new water service for Lot 6 and abandon the eXisting 2" water main Other services may need to be relocated A stub-out is prOVided to serve Lot 6. The exising 2" water main wil/,be plugged and abandoned as noted on Sheet 6. 9) Tapping sleeve and valve will be prOVided by City and paid f~r by the applicant ' . , A note has been added to Sheet 6 acknowledging this comment. . ' 10) '~elocate the proposed detector valve assembly C~nnot restrict water main and fire' hydr~nts l ' 1 ' , , , The detector valve assembly has been removed from the plans ~ as requested, and replaced with 'individual backflow prevention devices at 'each meter. ,I - . ' - , 11) Relqcate proposed water mete r' outSIde d rive apron/driveway The water meter assemblies have been relocated outside of the dTlveways. See Sheets 4, 5, and 6. ' - I J \l " " " .' ( " \' [ " " ~ , , ' \ 4' .,. i o}~((::;~~w~ r- Ult] SEP2 92004 I.h:!t PLA '\Jt<JING & !,rV~I_OPI"ENl SERviCES ' , cnY OF eLL "F<WATER -~, , , - 12) Show the type of pipe and lengths for the proposed water system , Labels have been added to Sheet 6 noting,the type and length of pipe for tlJe proposed water system. ' , o ' ,.J .... I -. I 13) Proposed fire hydrant shall be within 45 ft of FOe connection ... 't ~ t I ' Proposed fire hydrants are located within 45 ft of F.D.Cs:, ' , I , \ 14) F ,0 C connection shall be a mlmmum of 15 ft from bUilding , , I oJ. "'1 1 F.D.Cs have been 'relocated a+ minimum of 15 ft from the Duildings. , 15) Note for the proposed water main for units 1 - 8 snows a 4" water m<~un I and the P!opose~ noteon the line shows 6" '- , >' I / The proposed note' on the line has been revised to read 4" water main. ' ' " I. ' 1 16) The proposed 6" water mains that are not providing water to a fire hydrant ,CO~ld be 4" ' 1 I, .... I All water mains not providing water to a fire hydrant have been , I changed to 4".' , - ' :' 17) Provide a permanent blow off assembly on each dead end water main ' J Permanent bJow off assemblies have been added to all dead end water ma(ns. , ' 18) Loop the proposed 6"'water mam to the eXisting 6": water main on Pine Street - , , , ' P~easf? note that the wate/; main 0'1 Pine Street direc,tly south of the project IS 4", not 6", and the proposep watet: m~in is 4", not 6". The proposed 4" water main has been looped to the existing 4" wflter main on Pine Street. . , , , , " , ' .,19) Proposed 11ft station detail IS found on Sheef#12, not on Sh~et #11 as I ' noted on Sheet #6 1. \ The note on Sheet 6 has been changed to reference Sheet 12. not , Sheet 11; 20) The proposed sanitary sewer -main shall be 8" not 6" as shown -, Samtary sewer service "wyes" are 6': as ~shown '" . , < ) . \ ,.I.., ..... l I ,\ , ~ ", '. , ~ , ' . , " ' " ~ ,"\ ....1 . , , ' , . J i'~t~~w~ Ie \l ~<, "I' j}1 \ \ r \ 't -< SEP 2 9' 20p~ , t J \' L \ \ li . , I \~ I""V I '" \ ~LI,]\'"m4G & ['[VElOfMEN,l , \ < SEfW1CES , CITY OF Cltrd--1WATER j -- , The proposed sanitary sewer main has been changed to 8", not 6".' 'Wyes" will remain 6". ." ",., ' '," -- , ~ , .. , ' ,--21) Show a doghouse manhole detail .' -- , , \' A detail for a cfoghouse manhole has been added to the plans. , See Sheet 10. ' , , . " 22) Need to cu't and cap eXisting samtary sewer, main along Harold Court - J " , As noted on Sheet 6, the ;existihg sewer line_ along' Harold Court will be cut and capped. ) -- All ~f the above to be addressed prior to DO, Acknowledged. The foil OWl ng to be addressed prior to bu Ildlng . perm It 1) Need to record plat ' ' " ' , \ <;: , ~ ' " A ck,!owledged. ~. < " Fire: , 1 Provide draWings that' have been prepared by or under' the direction of an Engineer regIstered under F S -Chapter 471 for all fire sprinkler systems as per FlOrida 'BUilding Code, 2001 Edition, Sec 1044 1 '3 ' > , . DraWings shall be Signed and sealed by a ProfeSSional Engineer as per ,F S, 471 025 The I~stallatlon shall be__ln accordance "with NFPj\ "13, 1999 Edition by a licensed Fire Sprinkler Contractor under . 'separate' permit With draWings Pleas acknowledge PRIOR TO BLOG' PERMIT ' ~ > , Acknowledged. , ' " ' , , 2' Fire Department Connections must be at least 15- feet from the 'buildings Show prior to 00 I I ....~ Fire Department Connections have been re/ocglteci. to' be at least - '1.5 feet frorp the' buildings. ~ < --3 'Fire Department Connectl~ns shall be IdentIfied by'a sign that states" ' / ' "No Parking, Fire Department Connection" and shall' be deSigned In'.,., accordanc~ With Florida Department of Transp,ortatlon standards for ' , l!1formatlon slgnage and be maintained With a clearance of 7 % feet In J front of and to the Sides of appliance As per FlOrida Fire prevention Code, 2001 Edition, modification ,to> Section 3-5 6 of NFPA 1 Please acknowledge Intent,to comply PRIOR TO SLOG PERMIT' " . .' . , 1 I > , \ -\ ~- I ,- , ~ , , ~ ' , ,![ 'ln~~(c~~\H~T'\'\ 1\ -' I _~~ '1,) " ," I~\\ I-I' \ \ SEP:2 9 2004 . tlJ 1\ t; l., ^ ' I \ PLANNIN(j & ['[VElOPf-:\EN1 ,i SERviCES L ~,..---' 'CITY OF CLb\~WATER , . .' " ,I The requested sign, has been added Ito the site 'plan. The' required clearances will be maintillned. Land Resources:- 1 Show the canopy of all the trees adjacent to the retention pond and all other adjacent properties Also show the canopIes o(AlL trees to be preserved onALl p!ans ReVise prior to 0 0 . , The 'constructi~n draw,~gs have be~n t;evised ~ to show the canopies of all trees to be preserved,on all sheets. - ' I , 1 . 2 Proposed berm can't be pl~ced over the ro()ts um:ter the canopy lines of the trees to be preserved Revise prior to D 0 _ ' , " There is' no proposed berm. The "stormwater pond has 'been 'revised to delete this component. ~ ' , , ' , 3 ReVise deSigns of the gravity wall and force main at, the '29" oak tree " at the SE corner of the property Jhe wall and force main Will sever , , too much of the root mass too close to the tree . The Impact sho~ld only 'be' a minimum distance of 15' from the tree (, ' R.evlse' prior to D 0 - The for~e main at- the 291Joak tree ha~ been' labeled to be " directionally bored to minimize the severance of roots. The '30' of retaining wall near the tree is to be constructed with a lintel foundation over tree roots with supporls at 10' on center.' , . , 4 The 17'\ 18" and the 18" oak trees In the' right ,of way vacation are shown to be preserved on the EXisting Condition plan but they aren't shown to ~e preservep on any oth~r plan except the Landscape plan, and on that plan they show a Sidewalk gOing threw them Depending , J . on the grade changes and other Impacts these trees may not survive ,due to,'the fact that they already have some decline If trees are to be . preserved no Impact can occur under the canopies, If they are to be removed revise plans to Indicate such ReVise prior to D Q " r , , . c The trees in question were inadvertently left on the Existllig Conditions plan., They are to be removed, -and the plans' have _ been revised to show this. ',' " Landscap'lng: ' , J " . , 1 The landscape - plan IS rrllnlmal a full landscape.' plan WhiCh, complllnents the archItectural style of the bUilding and enhances the 'site plan Will be requIred prior to the Issuance of a Development' ( ..~ -.r ... .' . , \ ~ - - " '" " ~ , , .. -' >j ~ " \i \ E r;' - /,~ . " PLANNING & O~VELOPMENl r , \ SERVICES ,', CITY OF CLEARWATER ~- , , ) , Order The landscape plan, has been revised to compliment the architectural style of the buildings, and enhance the site plan~ I The propos'ed design meets Community Development Code, and t in our opimon sa~isfies all stated Design Guidelines. .' , 2 ProvJde the tree canopies of ALL trees within 25' of the property lmes, and Indicate on ALL sheets of plans . ' ** There IS an oak tree located near ,the south end of the property Just east of the driveway and It has no'canopy mdlcated Is this tree to be remoyed? If so_adjust plans,accordlngly' " , , \ " The" canopies of all trees have been added to all sheets of the , plans. / , , , ' 'Parks and Recreation: 1 ,To be able to determine credit for eXisting conditions,' the Site date table needs to mclude # of eXisting residential units Open Space and' 'Recreation Impact Fees are due prior to Issuance of bUilding permits' Please contact Debbie Richter at.727-562-4817 , , " , According to the Pinellas County Property Appraiser's Office, the eXIsting site contains five (5) residential units, and one (1) , warehouse. These numbers, have been added to the site data table;' ' , ,- Stormwater: .' ( , 1) PrOVide calculatlon~ for eXlst!ng and 'proposed conditions for site, only , - The ~ calculations for existing and proposed co,?'ditions for the site only have been provid.ed. See, Revised _ Stormwater _ ,Managem~nt Report. , , 2) . PrOVide calculations for off sIte flow and demonstrate that through site conveyance features are suffiCient , . " Se;e calculations in the Revised Stormwater Management Report. ' , 3) Provl~e copy of agreement with Harbor Oaks for usage of their pond , The property owners are in the process of. drafting this I ~ document. A copy w!1I be fOlWardet! prior to c~nstruc!ion. , , ~.r ~ ~ . ~ " I " ~ ~.. , , / I, tr~ ,lE~re~\w~ 11 f\lJ))"":: ' I ~< - r!' I u U . SEP ~ 9 2004 ,'I,h.~: I PLANNI~G & DeVEI,.OPMENl SERVICES ~ , CITY OF CLEc\qWATER , , , 4) Provide calculations demonstrating that eXisting-pond will not exceed r current discharge rates and will recover water quality volume within 24 hours All of the above prlor,to DO , , , , \ " See calculations m the Revised Stormwater Management Report. ~ J \. ,.. , Solid Waste: ~,' 1 Include Dumpster enclosure In detail sheet , ' - The - Dum'pster enclosure detail was included' in the previous I submittal on Sheet 7. , , " , Traffic I;ngineering: . ,1 Roadway width, must be 24' wide from edge of pavement to edge of pavement" ' (, -" - , Alt'proposed roads are 24' wide from ecfge,'of pavement to edge of pa,vement. The portion of Harold Court that is effected by this project WIll be widened to 24' and tapered to match the width of < the existing road, which ranges from 22' - 23'. . " 2 Driveway must have a minimum length of 20' from face of ,garage to edge of ~avement This comment is ,not supported by Cod~ or Standard, and is not' being enforced in the Downtown District. SIte visIts to the two , newest townhome developments in the Distnct reveal garages that abut the edge of pavement, and single-car garages with appro~imately eight feet of driveway space from face of 'garage to edge of pavement. We are providing two-car garages with 8' of driveway length that back onto a slow speed, dead-end private access road. The plans s'how a full-size vehicle with SIght . viSibility lines indicating that the provided space between garage face and ,edge of pavement is more than adequate to safely back " out of the garages.' , I ^ I ' 3 Show 20"x 20' SIght VISibility triangles at the Intersection ~nd driveways 20' 'x 20' sight visibility triangles have been added to the plans at I ~he appropriate places. ' , - , -' '4 Drivers backing out of garage must have adequate VISibility ) , r ~ I ~ '" , " The plans now show a full-SIze car and sight visibility Imes i,!dicatinfl that the provided driveway sp'aces are adequate to , I -, , , , " " '-, c, IIO)~(c~J~~ 0'" I~\I'~ 1 U U SEP 2 9 2004 (' , PLANNING & m;:VELOPMENl SERviCES CITY OF CLE.\RWATER ' , - , - allow drivers to safely back out of the garages. - - 5 All of the above to be addressed prior to D 0 A~k~owledged. 1 - 6 Traf':ic Impact Fee to be determined and paid prlor!o C 0 1 . -Acknowledged. Plannmg:? ' ~Idellne' re'qUlrement Clarify where HVAC an~ other utlllty,elements (1r)c1udlng wireless communication equipment)' are to be placed' They must be placed In the least obtrUSive locations, " 'possible and otherwise screened from View, painted to'match the bUilding, '~c I , , ' ( , , , See attached responses from ROJO Archit9cture. I Provide the anticIpated price range of the Units, '_ " - " 2 , , The' anticipated prices of the' units will range from $219,000 - $27-9,000. J'," , "', if~d'ne requirement- Clanf~ the ~se of f~riclng on and ~ro~nd the ~l0p.Efr.!mefer of the site Provide the details 'Inclu~l,ng height, r:naterlals and - lJcol~r In addltlpn a draWing depicting the fence Will need to be submitted, See attached responses from ROJO Architecture. \ r:4dZldellne ReqUirement - Provide f~r l~terloCklng pavers,' brick or other c..slmllarly textured materials for parking lot surfacing and/or accents, , , " , , Areas to include interlocking pavers have been added to the site -plans., ' _ " '> , ( , , ' ~ J ~" Gu~dellne ReqUirement Provide specialIzed 'paving m~terlals/patter~s , where vehicular and pedestrian access ways fnterse;ct, , , ' Specialized pavers have been added to the plans where,vehicular_ ' a.nd pedestrian caccess ways Intersect. ' y' ~, ' '6~ Submit' SURPOrtll1g narrative with regard to the - Downtown 'Redevelopment Plan" Specifically,' how' the proJect meets the VIsion, Goals, Objectives and PoliCies of the Plan and of the South Gateway , character district You can access thiS document via h '" " \ I , ' - 1 , , J' " " U' _I SEP 2 9 ZOO4. i : , ' I PLANNING & nCV[lOPMEN [ ! 'SER\flCE6 , 1 CITY OF ClJ...\RWATE'1 http IIwww myclearwater com/gov/depts/plannlng/dlvlslons/LRplan/plans/d ownto~n/lndex asp ybu Will be looking In Chapter Three pages 28, - 35 and 45 - 46 Not all of the goals, objectives and policies will apply - sImply select the ones that' do' and then address them IS, full as to how the proposed development IS supported b~ t,hem 1 " ..., , This was includ~d in the Project Narrative pre,viously submitted. AddItional copies are Included with this submittal, for you; use. ~ ' ' , ,7 Su~m;t the FlexIble Standard DevelopmenL crlterl~ for attached dwellings In the Downtown District Height The Increased ,height results In an Improved sIte plan and/or Improved deSign and appearancE~, All street frontage IS deSigned and used for commercIal pu rposes - or is des Igned so - that' the use fu nctlon's In a way wh Ich will r contribute to an active urban street environment, ' Off-street parking Adequate parking IS avallabje on a shared baSIS 'as " determined by all eXisting land uses within 1',000 feet of the'- parcel proposed for development or parking IS available through any eXisting or ' - \ planned and commItted parking fayllltles or the shared parking formula In Artll;le 3, DIvIsIon 14, The deSign of all bUildings cOl"Qplles wlth'the ' 'Downtown Dlstnct deSign gUldelll;es In DIvIsion 5 of Article 3 ' " ,~ , , , ThIs 'was Included in the Project Narrative' prevIously submItted. Additional copies are included with this submittal for your use. 8 ',It IS stated In the ~pphcabon that the Pubhx retention pon'd Will be modified for use by the subject SIte It-IS not ,clear If the owner' of that retention .pond IS aware of this Some sort of letter Indlcattng' thc~t the property owner of the sIte on whIch the pond IS located IS agreeable to the , changes' Provide' this 'prlor to the Issuance of a Development Order, " I, Agreement letter from Publix-Harbor Oaks Shopping Center will - ,be provided by the owner. ' , 1 ..,.....c', r.. ~ 1_ if~ p~nfy th~' ]ocatlons 'and ty>p~s (helgh~, c~lor, m!ltenals, 'etc) of all onslte lighting fixtures,' '" - ! , See attached responses from ROJO Architecture. ^, " , , ' " ".I .... .. , ~'tQ../Jhat all slgnage' me~t the reqUlremEents of Code and be limited, t? '_ 'attached ,signs on the canopies or attached directly to the bUilding and be ,architecturallY-integrated with the deSign of the bUilding with regard to- , proportion, color, material and finish as part of a flllal Comprehensive Sign " Program package (as required) submitted to and approved by Staff prior to~ the Is'suance of any sign permits whlc~ Includes ,that . ,_ , . , , I , , , , , ' .' , I ," ., '. , O')~~lfU\~~ < ' ill 'SEP 2 9 2004 PLANNING & DEVELOPMENT , SERVICES CITY'OF CLEARWATER ~ ~ '" , ' .. ) , ^ . \ a All signs be deSigned as part of an overall theme that respect, enhance' and contribute to the architectural style, detailing' and ~ elements of a bUilding, ' , b All signs conSist of deSign, colors, materials, 'size, shape and methods of Illumination which reinforce the overall deSIgn of the , , I - far;:ade, I I', I , ~ _ _ ',' c All a!tached signs are Installed so the method of' ,installation IS, concealed or made an Integral part of the deSign of the Sign, d All wall signs be located on flat, unadorned parts of a fayade such as the hOrizontal b~md between the storefront and second floor or on WindOWS, awning flaps, faSCia, etc , and - e The letter size, letter and word spacing, font style and other deSign , elements of all signs create, an overall' high quality aesthetic appearance -. , , ~ ' - - See attached responses from ROJO Architecture. " , .....~' , - " '-' C?'{ Dlfferent;ate\ the area of the site to split the portion Incl'uded 'with the" vacatron request and the portion of the site outside the ,public r-o.w Provide these figures In the site plan data table . , , ' . , , Make sure they are clearly labeled as "Publrc R-O-W tq be Vacated" and "Subject Site" Include the total area labeled as'''Total Area", I ' r . \ The area of the vacation request was clearly hatched and lab'eled on Sheet 3. The Vacation ~equest' Filing F;orm contained the areas of the vacation request and the initial SIte, as well as the ' - total. To avoid further confusion, the vacation request has been . hatched on all sheets, and the areas have been labeled as you / ' , lersonallY would like to see th,?m on the data tab/~., _ - (Ils~a"IY II the site Will be platted Into townhome,jots II So: a preliminary - plat application and required fee Will need to be submitted to Staff That eVidence of filing of a final plat with Plnellas County be submitted to Staff prior, to the Issuance of any bUIlding permits, 51s applicable, .r " . :: ~ , The /I;farold Court Villas townhome project will ,be platted into ' - townhome lots. The preliminary plat application and fee Will be ~ I /" r.. J dsubmltted under separate cover. - ~ ' '. - 13 That all proposed' utrlrtles (from the right-of-way to the 'proposed bUilding) be placed underground CondUIts for the future undergroundrn'g of eXisting utlhtles wlthln- the abutting nght(s)-of-way shall. be Installed . along the entlr~ site's street frontages prior to the Issuance of a Certificate of Occupancy The applicant's representative shall coordinate the size' and numbef otcondults With all affected utility provlder~ (electriC, phone, cable, etc), With the .exact locatIon, sIze and number. of condUits to be t I ... ... " J \ , , ' , ~ , IF L 7> , - - . , , ...J ....... , . . PLANNING & DCVElOPMENl > \ SERVICES 'CITY OF C~,~Wf\-;-;:;R, ,_, ---- . approved by' the applicant's engineer and the City's Engineering' , - Department prior to the commencement of, work, , , This comment is aCknowledged and has been added to the plans as a note. ' -' n 1// < ' , , - ~4 Label the bUilding to correspond with the "A, 8, C, D" labeling of the elevations ' "!, ( I ., r- , The buildings have been labeled to correspond with the' elevations. ' ~ar~fY the size of each proPos~d bUlld:n'g, '" , ~ , See attached responses from'RO.jO Architecture. , ,. 16 DeSign GUideline requirement Electrical wIring to all SltE~ lighting, provided underground Indicate how electrical wIring Will be placed on the, ) .J f - , -site ' , .. , , Electrica/'wiring to all site IIghtmg will be provIded' underground. Underground wiring locations shall be determmed by Progress \ Energy, -Verizon, and Bright House Networks. We shall provide .platted corridors fOf'their services. A note has been added to the " plans.' fl \ ~ ' d, " " c.1i1 DeSign GUideline requirement Gutters, downspouts, utility boxes, meters, etc located 'as visually unobtrusively as'posslble Where feasible, . 'they should not be VISible from the .street It IS not , clear how this requirement IS being met - revise and/or clarify, - .. ... I or / ,~ , See attached responses from ROJO 'Architecture. ~-" , (:::.18 f7rovlde the height of the proposed bYlldlng as measured to the mld~ pOint of the peak of the roof, ' ., , , See 'attached responses from 'ROJO ArchItecture. < ' t..." , l 19 Deslg~ GUld~lln~~~Ulreme~t ~Inlshe;!.;floi)f heights a m!n~mum of two feet above the slde:t(alk grade jor~sldentlal bUildings within " . // ' predominantly mixed use or commerClal'areas The submitted., g'radlng plan Indlc,ates that the ..-~E~r the units IS betwe'en 075 and 1 0 feet above the slde/gratle, - revise to comply Wlttl the DeSign " GUidelines, L'" ~~,' ".' ,As discussea at the September 9, 2004'-DRC meeting, this comment~rs not applicable to the proposed p'i~ect as no units ) front pUblic sidewalks or right~o~~way,s. \ ' , ~ ~'" ", " ."..,. ....... , ; ) ., , ' , \ \ - , - , 1 " , ( '..-.... .. , e ~-- ~ ---, "i\ " ~ " \ J - , " PLANNING & DEVELOP , 'S~RV / MENT / t: ICES _-- CITY OF ClEARWAiE ;;, R ~o DeSign GUideline requirement BUlldlngs1naCnave a distinct "base," "middle" and "cap" The submitted elevations do not indicate ,a bUilding 'with a distinct "base," "middle" and "cap" ' , , Perhaps the addition of a water course or' similar architectural feature would help, " - , , - ' . See attached responses from ROJO Architecture. - " , .~ 21 Provide the hel~hts of the eXI,stlng bUildings, , '\. See attached responses from ROJO Architecture. 22 Clarify the size of each eXisting bUlldll1g, , ' r' ' , See'attached responses from ROJO Architecture. ~h/ ' '_- , 23 /Submlt a Vacation Request Filing Form, - " " , ' A 'Vacation Request Filing Form was submItted to the City of ClealWater Engineering Department' concurrently with the Original-submittal and has been acknowledged by the ,City's Planning Department. /' ./ / " > -, ' /...,., ~ <: t \ j ~ If~/AIl of the zonmg comments below to be 0 a'ddressed prior to the ~suance of a Development unless otherwise noted, ' AcknowledgeC/. , ' 'Other' , , _ 1 Per the, "Downtown Plan", Chapter 3, there are specific streetscape < diagrams depicting the reqUirements for cOrridors, Within the Downtown plan character district areas' Please modify your plans to meet the , requirements of thIs plan Take Into conSideration plantlngs proposed ,'wIthin your property and the trees In the right-of-way to aVOid conflicts - Show the areas s,eparately by screening out the areas respective to Wlt~1n .the"property and wlthm the nght.of-way, as the work In the right-of-way Will require a separate permit and agreement fo~ malnten,ance \ , - . \ I , , Per the September 9, 2004 DRC meetIng, this ,comment does not apply to the Harold Court Villas project. ) ,1 .Y , " " ( . , , ,\ " , \ - , . SEP 2 9 2004 . .. \ PV\NNING & DCVELOPMENT , 1 ' SERVICES CITY OF CLEARWATER .1.-_... J ,We trust that with this information, you will ,be able to complete "our application process If you have any questions In reference to -this matter, please do not heSitate to contact us ' " Sincerely, , Burcaw & Associates, Inc. ... ' .~pttlv~ Brian S Wilkes, E I PrOject Engineer' ,- ~ - " I " r. . , .' '. ( , " '" \ , " , ' .. , - - " ? "' " , ,\ L ~ (c_5) r ~ ::::J ::.> '..J 0) "-1 D.... L!.." V') L :::..... .d L:>--1 0r:::() Il! l'J (j) I..l.. 2 0 Z j:: 2 - :5 () a.. l Q L1 ~/ ! i ': ~ ,; L::: ~~-: '----, Principals rob Glisson, AlA lohn Saldana lonathan Moore rOJo Architecture @ Nelpark 5701 E HlIlsboroughAve Sude 11 30 Tampa FL 33610 M0002952 (P) 813 630 5508 IF) 813 630 5518 wwwralaorchlteclure com ....- 2: L.j "' Q c UJ t OR\G\NAL 20 September 2004 City of Clearwater Planning Department Mark Parry, Planner 100 S Myrtle Ave Clearwater, FL 33758-4748 Re Permit Comments-FLS2004-07054 Dear Mr Parry, We are pleased to address your permit comments on the Townhomes located at 608 Harold Court Please do not hesitate to call should you need further clarification Comment #1 GUideline reqUirement Clanfy where HVAC and other utility elements (Including Wireless communication equipment) are to be placed They must be placed In the least obtrusive locaTIons possible and otherwise screened from view, painted to match the bUilding, ete Response: Hvac units will be on root tops shielded from view by parapets. other equipment Will be screened by landscaping or painted to match building as specified In the Design Guidelines. Comment #3 GUideline requirement Clarify the use of fencing on and around the perimeter of the site Provide the details Including height materials, color In addition a drawing depICting the fence will need to be submitted C[ W 1-- ( Response' Use ot tenclng has been clarified. Refer to drawing A-9.0. Comment #9 Clarify the locations and types (height color, matenals etc) of all onslte lighting fixtures Response: Site lighting Will be provided. The style, material and colors will match with building type and will comply with DeSign Guidelines tor Site lighting. Please refer 10 A-2.0 and A 10.0 for light descriptions, finishes, and locations. Comment #10 That all slgnage meet the requirements of Code and be limited to attached signs on the canopies or attached directly to the bUilding and be architecturally-Integrated With the deSign of the bUilding with regard to proportion, color, material and finish as part of a Final ComprehenSive Sign Program package (as required) submitted to and approved by staff prior to the Issuance of any sign permits which Includes that a) All Signs be designed as part of an overall theme that respect enhance and contribute to the architectural style, detailing and elements of a bUilding, b) All signs consist of deSign, colors matenals, size, shape and methods of IIIumlna110n which reinforce the overall design of the facade c) All attached signs are Installed so that method of Installation is concealed or made an Integral part of the design of the sign, d) All wall signs be located on flat, unadorned parts of a facade such as the horizontal band betv,leen the storefront and second floor or on Windows, awning flaps, fascia, etc , and e) The letter size, letter and word spacing, font style and other design elements of all signs create an overall high quality aesthetic appearance Response: There is no signage existing In this proJect. 'C .~ ~ - -- 1 r " --~l~: "', -~ c ) - '-.J ~ I 'J) , , ('J L. :; -! D.JI ~ ~ ;: u. z 0 <..n :;; i: z - ---- :5 (.) :=J 0- J ~ Comment #14 label the bUilding to correspond with the "A, 8, C, D" labeling of the elevations, Response: All elevations have been labeled as specified to coordinate with site plan. Comment #15 Clarify the size of each proposed bUilding, Response: Approximate building sizes are as follow: Building "A" - 26' x 100' = 2600 SF x 3 stories = 7800 SF Building "B" - 26' x lOa' = 2600 SF x 3 stories = 7800 SF Building "C" - 21'-4" X lOa' = 3200 SF x 3 stories = 10600 SF BUilding "D" . 32' x 100' = 3200 SF x 3 stories = 10600 SF Comment #17 Design GUideline requirement Gutters downspouts, utilrty boxes, meters, etc located as visually unobtrusively as possible Where feasible, they should not be visible from the street It Is not clear how thiS requirement IS being met- revise and/or clarify, Response: Downspouts, utility boxes, meters, etc. are located on areas of the bUildings where there will be the least amount 01 view and! or activity. They are painted to match building as well as screened whenever possible conforming with Downtown Design GUidelines lor New Construction. Comment #20 Buildings that have a disTInct "base" "middle" and "cap" The submitted elevations do not Indicate a bUilding with a diSTInct "base," "middle" and "cap" Perhaps the addition of a water course or similar architectural feature would help, Response: A 3'-4" high raised stucco base has been Incorporated Into the design. The "cap" Is addressed by tower features, as well as traditional parapet detailing, in line with style 01 this building type. Comment #21 Provide the heights of the existing buildings, Response: Buildings heights have been called out on the elevation drawings. The roof deck Is 30'-0". The parapet varies according to building mass. The mid-point of the towers range from 33'-1 A" to 34'-0". Please refer to architecfural elevations sheets for each building's height. it has been our continuous intent to follow the design guidelines as set forth by the City of Clearwater, in the context of proposed site and it's surroundings. If further clarification is required, we would be happy to provide it. ~ Joh Saldana o Architecture , Principals rob Glisson, fJJA John Saldono lonathan Moore roJO Architecture @ Netpork 5701 E Hlllsborough Ave Suite 1130 Tampo FL 33610 AA0002952 (P) 813 630 5508 (rJ 813 630 5518 Wl'.WroJoarchltecture com July 29 2004 City Of Clearwater Planning Department Mark Parry, Planner 100 S Myrtle Ave Clearwater FL 33758-4748 Re. 610 Harold Court Dear Mr Parry Following is the deSign criteria under whIch proposed project was developed Analyzing the site, we determined mission style architecture would best complement surrounding properties, which consist mostly of mediterranean and flonda bungalow styles The mIssIon style combines medIterranean building mass. Incorporating craftsman detailing In building features such as doors, windows, decorative brackets, etc Units price range will be determined by developer There's 3 types of units, 1 070 sf, 1 465 sf. and 1,695 sf All bUildings are 3 stories, with a maximum height of 32' to the top of parapet walls and 36' to peak of flied roofs All bUildings have been deSigned with their main facade facing proposed Interior roads No facades face public roads, therefore front doors are proposed to be 4" above sidewalk grade Onslte light fixtures will be selected to complement bUildings' architectural style Manufacturer's cut sheets will be provided for your review and approval All HVAC equipment will be placed In the least obtrUSive location, with landscape features around them Proposed bUildings have been broken vertically Into 2 main masses the ground level composed by garage doors and covered front entnes, with the main body housing second and third floors A simple alignment of windows, stucco score lines, balconies and wood arbors further delineate the top two stories Complementing architectural features have been provided throughout. Including covered clay tile roofs, wooded decorative brackets, window sills. wood railings and arbors, concrete planters and accent ceramic tiles Even though there's no prominent corners on site, development was provided with highlight features, mainly Clay tile hipped roof towers. establishing hierarchy at key POints through the site All windows are to be white aluminum frames With clear glass, with divided lites In a pattern of 6/1 Front doors were chosen to complement Windows, as they will have raised panels and a 6 lite view Window BUilding surface finish is proposed In cement stucco. painted In two main body colors rose beige and a lighter beige, both With a slight salmon colOring. With accent trim columns, brackets, railings and arbors In a claSSIC off white color Roof clay tiles to be classic terracota finish As previously discussed a full colored rendering Will be provided at a later date, prior to the DRC meeting, for your review and approval J Should you have any comments or concerns, don't hesitate to call our office Once again. we look forward to developing thiS project as a team with your department Respectfully. \. /- I. L.- I I IGlto.(\ "01 &10(\0 ,JOhn Saldana, Principal ,/ OR\G\NAL CITY OF CLEARWATER PROJECT NARRATIVE Harold Court Villas Clearwater, Florida Prepared for: Harold Court Villas, L.L.C. 2506 Macdill Avenue, Suite A Tampa, Florida 33629 Prepared by: & Associates, Inc. Engmeers - Surveyors - Planners - EnVlronmenta1 SClentIsts - - CommerCIal Real Estate - Burcaw & AssocIates, Inc. 6402 W Lmebaugh Avenue - SUIte A Tampa, Flof/da 33625 July 2004 I O)~~~~~~ fO-- ~ l1lJ SEP 292004 10! Burcaw Project No 04561 PLANNING & D[VELOPMENT SERVICES CITY OF CLEARWATER ,/ .. Project Description The project consists ofan 18-umt townhome commumty on 0818 acres m the Downtown DIstnct, at the east end of Harold Court The 0 818 acres consIsts of 0.726 acres of applIcant-owned land, and 0 092 acres of Harold Court nght-of-way (ROW). A VacatIOn of RIght-of-Way Request Form has been filed for the acqUIsItIon of thIS ROW The allowable densIty on thts SIte IS 25 umts per acre An applIcatIOn for the transfer of development nghts has been submItted to the CIty of Clearwater to donate two (2) umts from thIS SIte to the Court Street VIllas SIte prevIOusly submItted More mformatIOn on thIS TOR IS presented m the Transfer of Development RIghts NarratIve mcluded m the Court Street VIllas submittal. With two (2) umts bemg donated to Court Street VIllas, and the acqUISItIOn of the proposed nght-of-way vacatIOn, thIS SIte allows 18 umts The project IS located m the CIty of Clearwater deSIgnated Downtown DIStnct, m the South Gateway DIStnCt. The proposed townhorne commumty IS a Level One Pcnmtted Use m thIS dIstnct The foJlowmg addresses the FleXIble Standard Development cntena for attached dwellIngs m the Downtown DIStnCt. HeIght The CIty of Clearwater Commumty Development Code (Code) allows for a maximum height of 30-50 feet m the Downtown DIstnCt. The proposed project would have a maxImum heIght of 37 feet Street Frontage The requested VacatIon of RIght-of-Way WIll open up the townhome community to Harold Court Due to the mternal, secluded nature of the SIte, though, an outward appeanng commumty IS not pOSSIble Dnveways and garages Will face the mternal, pnvate road The commumty WIll have a SIdewalk along both SIdes of Harold Court, as well as Pme Street, to connect WIth the eXIstmg shoppmg center to the west OjJ-Street Parlang The Code reqUIres a mmImum I - 1 Y2 parkmg spaces per umt, or 18 - 27 spaces for the development The proposed project would offer a twopcar garage m each umt, gIvmg 36 parkmg spaces overall DeSIgn GUldelme Compllance. The followmg Downtown Redevelopment Plan narratIve msures that the Downtown DIStnct DeSign GUIdelInes are bemg met In addItIon, no metal fabncated bUl1dmgs are proposed for thIS SIte, per Code rfl~(cE~W[E r[J~ ; ~ U' SEP 292004 IlJ) Pl.ANNING & DEVELOPMENT SE RVICES L__~rrv ('I'" ,-.., ~ \~n ~f(~~~\V~ \0'<1 0, ~~-::ll ) \ \ (L!\ SEP 2 ~~~JJ' I Downtown Redevelopment Plan " I PLANNlNG ~x i'eVELOPMEN1 j I SERJICES 'I rl1:Y Of Cl FtlnWll.TER Harold Court VIllas wIll fulfill the VIsIOn of the Downtown Elan-by-proVldmg-the-needcd. residentIal component to the Downtown area The townhome umts are designed to be aesthetIcally pleasmg from an archItectural and landscapmg standpomt The townhome commumty, wIth Its upscale Image, Will attract people to hve wIthm the Downtown area, promotmg more shoppmg, employment, and recreatIOn to take place there Vanety m housmg types Will also be satIsfied, as no other upscale townhome commUnItIes currently eXIst wIthm the area. Harold Court Villas promotes a safe enVIronment for the future residents and Downtown as a whole. Access IS aVaIlable only from Indlana Avenue to Harold Court, WIth the proposed commumty at the dead end of Harold Court Dnveways are accessed Via an mtemal pnvate road, WIth the only access through Harold Court Sidewalks are provided along the north and south SIdes of Harold Court connectIng the communIty to the shoppIng center to the west, and along Pme Street The Downtown Redevelopment Plan VISions, Goals, and PolICies are accounted for and encouraged by the proposed development Harold Court VIllas WIll promote new reSIdents, and the safety of those reSIdents, and as outlIned below, have been deSIgned to preserve the character and VISlon of the South Gateway DIstnct South Gateway District Existing Character The proposed project WIll complIment the new communIty shoppmg center, wInch serves as an anchor to the South Gateway Dtstnct, by bnngmg more reSIdents to the area The development of Harold Court VIllas uses vacant and underutIhzed land, whIch compnses a SIgnIficant amount of the area, and creates a commumty feel where the new reSIdents are walkIng dlstance from work, shoppmg, and recreatIOn District Vision Use In concurrence WIth the South Gateway VISIOn, vacant and underutIhzed land IS beIng redeveloped as reSIdentIal development at an urban scale, addmg resldents to shop at the communIty shoppmg uses nearby Functwn The stated functIOn of the South Gateway Dlstnct V1SIOn does not apply to the land bemg developed by thIS prOJect. - -------, Development Patterns The proposed townhome communIty IS urban m nature, and promotes a pedestnan-fuendly enVIronment through SIdewalks connectmg the resldenttal development to the PublIx-Harbor Oaks Shopping Center to the west The project IS also within walkmg dIstance to the Pmellas TraIl ProhIblted Uses Attached dwelhngs are an approved use in tlns dIStrIct IntenSIty WIth the requested vacatIon of nght-of-way, the project complIes WIth the stated denSity 0[25 dwellIng unIts/acre, The proposed floor area ratIo IS 032, SignIficantly less than the maximum allowed Height' The proposed height Will be SignIficantly less than the suggested 50' South Gateway District Policies The South Gateway Dlstnct PolICies generally do not apply to the proposed Harold Court VIllas project ------ - - r . - - ~--P,-L~\d!,; Ir~'" \ I -.\ \ ,~.:J \l'-...17 ~-l \,,' IL~.-:J ',1\ )' III ~.. ........~ -, I IlL \ - I I I, \ \ 11 \\ r- \ \ SEP 2. 9 2004 L==:#' u \,;, \ PLANNING & r"'::VtLOPMENl \ SERJICES : CITY Or CLf:,\PW^1ER -' '--- Principals rob Glisson, IrJA lohn Soldano jonathan Moore rOjO Architecture @ Nelpark 5701 E HlIIsoofough Ave Surte 11 30 Tampa FL 33610 AA0002952 [P)813 630 5508 IF) 813 630 5518 WWWroloorchrteclure com OR'Gl~l /;fjjI "~ @1!VT5IttlOf~ejeprwater Planning Department I LoU rJ - ~ ~ il) Mark Parry, Planner lU1 ) ~ I 100 S MyrNe Ave , I 1_ he::; - 5 'JJi I Clearwater FL 33758-4748 Ro' 610 Harald CO"!, PLA,'~::; 1,?~,,;~,-\,el,'Q;r4vcs, _______~_....::_.....:::~~r1~J. l' g !I ----- July 29, 2004 Dear Mr Parry. Following IS the design criteria under which proposed project was developed Analyzing the site, we determined mission style architecture would best complement surrounding properties. which consist mostly of mediterranean and florlda bungalow styles The miSSion style combines mediterranean bUilding mass Incorporating craftsman detailing In building features such as doors. windows. decorative brackets, etc Units price range will be determined by developer There's 3 types of units, 1.070 sf, 1465 sf. and 1695 sf All buildings are 3 stories, with a maximum height of 32' to the top of parapet walls and 36' to peak of tiled roofs All bUildings have been designed with their main facade facing proposed Interior roads No facades face public roads, therefore. front doors are proposed to be 4" above sidewalk grade OnSlte light fixtures will be selected to complement buildings' architectural style Manufacturer's cut sheets will be provided for your review and approval All HVAC equipment will be placed In the least obtrusive location with landscape features around them Proposed bUildings have been broken vertically Into 2 main masses, the ground level composed by garage doors and covered front entries, with the main body hOUSing second and third floors A simple alignment of windows. stucco score lines, balconies and wood arbors further delineate the top two stories Complementing architectural features have been provided throughout, Including covered clay tile roofs, wooded decorative brackets Window sills, wood failings and arbors, concrete planters and accent ceramic tiles Even though there's no prominent corners on site development was provided with highlight features, mainly clay tile, hipped roof towers, establishing hierarchy at key points through the site All Windows are to be white aluminum frames With clear glass, With diVided lites In a pattern of 6/1 Front doors were chosen to complement windows, as they will have raised panels and a 6 lite view window Building surface finish IS proposed In cement stucco. painted In two main body colors. rose beige and a lighter beige, both with a slight salmon colOring. With accent trim columns brackets, railings and arbors In a claSSIC off white color Roof clay tiles to be claSSIC terracota finish As previously discussed a full colored rendering Will be provided at a later date prior to the DRC meeting, for your review and approval t, GR1G1NAL Should you have any comments or concerns, don't hesitate to call our office Once again, we look forward to REflZll11111tJJect as a team With your departme~ ~~~ ' I _ Respectfully, \ ./.- I: L--. I I 1(". t" (\ "(). t1tlf\t1 ,JOhn Saldana Principal .-<.....- J "' -s---- '8' ~rG~~ J 'l.::::. ::::, --,:-- ! J,,>O'..==~,D!..~ W 'Y/ ~--,~- k illii ~'"'I 4 p 1# It ii" lUu/1 "'VG - 5 ?,"r'i/. /j! ,:'1 ,'; I kl ' "'.17 "t # ,oj I t:;>, l~_ lE)' I, "<u..i'1~'1"1< --,.. Ji I f~ -~I l Dr:--~ ,,{ --..!'~~ b.:: c,rH9PMtNrsJ I~", I ~-.;..:.':.;'~r~\flJ.ll'1:'~ ves --"~...f1]- ---. ~t ;: 1;'(" ~ '." ~ ~ '-' w _ , ~ . ! BU\RCAW & Associates, Inc.' Land Planrfers ) ClVll Engmeer! , Land Surveyors , - ~,. :Lmd1>cdpe Archltecl.1> _ ConstHlctlOn Inspe~tor1L Geotechnical EnglQeer~ i , ) EnVironmental SClent]~t~ -' \ , . " , ,. ) ~.,... T I. - -~ ^'l ~ " " \ ~ "" ~ ~ - _ w ( I - ~ ~ ~ ~ "" It * a.;> , ~O? W~Lmeb?y.gtl A~e,.;, , , - ," 'Si.llte A Tampa, Fe 33625~- .Phone f 813 88246>'15'''' Fax 1 8138823808 v..1ww burcawmc com RECE~VED July 29,2004 JUl'~ 9 l~04 , CIty of Clearwater Planmng Department 100 S -Myrtle Avenue Clearwater, Flonda 337~6 , PLANNING DEPARTMENT CITY OF CLEARWATER '; "1E t - ~ RE: Harold Court Villas - Fle'xible Standard Development ApplicatIOn 608,610, and 611 Harold Court J ' , On behalf of our chent, we are submlttmg thIS applicatIOn for- Flexible' Standard Development for the above ref~renced site Please, find enclosed the followmg do~uments for your reVIew . " . . FIfteen (15) caples of the Flextble Standards ApplicatIon, , , , . FIfteen (15) caples of the ownershIp and htl,e ,report, II r I ftccn (I 5) '.icts 0 r ton~tJ lie lIon ell aWlJ1g::., · Fifteen (15) caples of the constructIOn drawlllgs on 8-1/2xII, . Fifteen (15) sets of the Survey, . ,FIfteen (15) caples of , the Bmlqmg ElevatIOns on ~ IxI7, . FIfteen (15) caples of the BUlldmg Elevations on 8& 1/2 x 11, · Fifteen (15) caples of the StOlmwater Management RepOlt, .' FIfteen (15) copIes of SWFWMD st.lbmlttallcttcr~ . A check for $475 to cover the applICatIOn submIttal fee " - I As dIscussed m the "luly 28,2004 meetmg between Mark Parry and John Saldano WIth ROJo ArchItects, color rendenngs and project narratIve,wIlI be submItted at a later date, upon completIOn by the archItect and property owner _ The project consIsts of an '1 8-umt townhome commumty In the Downtown Dlstnct on 'Harold Court, east ofIndlana A venue between Turne~ Street and " Pme Street The storm water runoff for the proposed townhome development ,'wIll be tIed mto the eXIstmg stormwater pond for the PublIx-Harbor Oaks Shopp1l1g Center, dIrectly west of the proposed project SIte , , ' In addItIon, an applIcatIOn for VacatIOn of RIg~{ of Way IS bemg submItted sImultaneously WIth thiS applIcatIOn to acqUIre that portIOn ofnght-of-way between the northern and southern parcels In thiS project In accordance With the City of Cle~ater Engmeermg ServIces/Department, the slte'pl~s and calcuhitIOns assume the approval of the vacatIon request- i. ~^ "" I',,) ~ " -; For your mformatIOn, thIS proJect's site IS the. sender sIte III a prevIously submItted Transfer ofI?evelopment Rights appl~catIOn (the receiver sIte bemg Court Street Villas) Two umts from thIS site are bemg transferred to Court Street Villas, as the nght-of-way vaca,tlon WIll add an addltlonal two umts to thIS SIte ' , , In accordance with your Downtown DeSign GUld~lmes, a project narrative WIll be mcluded for your reVIew If you have l'J.ny questions or need addl1ton'al mformatIon, please call Matthew Campo or me at (813) 882-4815 , >- " Smcerely, , , , , BURCA WAND ASSOCIA T~S, INC. . ,~~ t"t/I"//i-, Bnan S Wilkes, E I .ProJect Engll~eer ~' , , cc Harold Caul t ] ownhollles, LLC " File p4561 ,PR . , , , \ . " . .' , . \, " " , I '1 ) , I ;' ~ I ,,~ ~~~.... ~ -., .;.. : -& Associates, InG: ;' ... s., '" l~'" 'I '\. .....::-.< <' ~ ":- -"" j '" ' .of-- p"~ ~.....;. ~ "T - ->; ~ ~ J -". ~ ,"" La~?l.4'pnc;r~ " ~ r {., ~.,.'-' _ \ '<' "'-"- , I .- '~ "<:1;'11 Eb"lll'eers~' ... _ _ 0 - r ~-t t ;!'l ~-........... ;: yY ~ , '~', ~and Surveyors~ " "i::1::s-.., --.. '"' ~ 1 "oJ" J i:;." ~ -0"'''''' ,..., ,,: . Landscape A1 chltect~.:: I . '" ,.,.... lE.' --'- '" ': :C~\I"iwctl~Ol~J~spe~lo~s >^ ~ ~ "'". r :: '" ... '" - Geotechmc1li Engmeers iI ""^' "" ). "'" ~ "'~... - "Ehvlfonrri€ntal <Sclenusts'" ->. l ~ fi'" t -,. ~ 2.. ~ ~ ... :~ '"' ~ z.... "'"-~ - ."... ...." r ~~ \ L ~~ -. - ,~\.} ""'" t" ~ ... ~~ L .. - ........ _~ i{:t ." ;..-;. 1 ~... ~~~ J .... - <:. ,T : ~ .2)- ~f l , ' l. ..... ",.r.,;."l-.~ -d 't ? I ~ ~ ::l _ J, " "'~...,..'4:l -"1~ '" 'I. ~ ';- ;\, r ,,- '\....'" ~"D ...~ ,~ ^- '1 :t ... "'...{ ",,"- -'-... - ~ {- '" ......-,. , " -- . " ". l' f -...~ ... 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",r \"" ~~t"""~l:""l..~';_;...,r~~( +"< ~~ ~ ~ ... .,. ~-' ~ tC ~ :":.J: ~~ -:;." ::!-.'~t ~ _...A p~ ~:... ~,,~~ :,~~-!;",>:,;, <-<~ii~~.A ~(".i ..':/. -;,.-;"11" ~::--1..-..fit\. \ } ( 'h-4..".. -~ ~ ~ ~~ -#r~-~~~~~~~' "' 6402 1,J~L;nebaU:o-]f~v~ ~ ~ ~,.:::: % ~:~ 0 n 1~' 1 ".-- "-, ", ,~>t Smte,A' '1ZI"'......~_ "'Y...y...s '\ <<; "; Tampa, FL 3362:5 1 " . Phorfe :1813 '882 4815 : i r~ " F~ _fi' 81J ~8?"3,~08~ ;. "'w\>\fv...burcawjik com ~ ~.. ---:..-....-_~;;::... r '; J RECE~VED JUL ~ Q LUUq July 29, 2004 PLANNING DEPARTMEN1 CITY OF CLEARWATER Ms Michelle Hopkins, P E Southwest Florida Water Management DIstrict 7601 US Highway 301 N Tampa, FL 33637 FilE RE: Harold GOUlt Vii/as Formal ModifIcatIOn to ERP No. 44022695.001 STR 16M29S-15E, ClealWater, FL Dear Ms Hopkins On behalf of our client, we are requesting a Formal Modification to the Publix - Harbor Oaks Shopping Center, ERP No 44022695001 Please find ' enclosed the follOWing documents In support of this request . Five (5) copies ERP Application Section A, ~ Five (5) COpl~S ERP ApplICation Section C, . Five (5) caples ERP Application Section E, . Five (5) sets of Construction DraWings, . Five (5) copIes of the Stormwater Management Report, . A check In the amount of $800 to cover review fees The proposed modification Will add a third drainage baSin to the eXisting stormwater pond serving thE;! Publlx - Harbor Oaks Shopping Center, The proposed project IS an 18-umt towt")home community located on Harold Court, east of Indiana Avenue between Turner Street and Pine Street In downtown Clearwater ThIS Will replace eXisting reSidential I warehouse faCilities on the site, which currently drains east I northeast to the City's stormwater system The added stormwater runoff Will result In a 0 10" raise In elevatIon of the eXistIng weir, and a slight modificatIon to the southern top of bank If you have any questions or need additional Information, please call Matthew Campo, P E or me at (813) 882-4815 Sincerely, BURCAW AND ASSOCIATES, INC. ~~,cl({~ Brian S Wilkes, E I Project Engineer cc Harold Court Townhomes, LLC FIle 04561 PR ~ ,~w ,1" ~ i' -'\IIIlII'I~--'PllIIIdo!IlIIII' .l!liIi.:pII .e-"... i II ii I i ill!!! Ii !I Ii Ii Ii III !i Ilil ! Ii Iii Ii i I ! III i !I IIII 'l'i II IIIII1 illllll! Ii! III i I! i I III1 I jl I ! ! ! n III1 il I! I illl ~!I i I! 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III III U. ~ "C ~ III :r: ia ..... 0 I- " 1 PIRANHA S10/4W, 510/4 DS-P02-013 Rev A Date Section Piranha Tab "5" Senes Page 1 3 Model HP Phase RPM Frea SId Disch 1m Deller Piranha S1014W 1 3 1 1750 60 Hz 1 Y. Inch 163mm Piranha S1D/4 1 3 3 1750 60 Hz 1 Y. Inch 163mm Consul! an authOrized ASS re resenlatlve when selectm Ilcatlonsl liters per Second o 05 1 5 2 25 4 5 ,I I 1 I ) I I I I I I I I I I I I I I I I , i'1'iJ I I I I I I I I I I , , I! 1 I I I I 1 I....... 'i-{J i I I I I I I I I I I I I I I I I I I I 11' I'll I I I I I I j I I I , ~f r / I , I I I I I , I I 1 I , I , , I I I I , I I I I I " ,I I I I I , I I I I I I I I , , I I I / I ! ! I r , "\ \/ I I I I I I ! I I I I I I I I I I I I I I I I I ~ I I~~ I ~ I~-~ -~ I I -~~-- - - +---j--- ,- - ,- f I - - -- - 40 35 30 25 20 15 10 5 o o o 40 30 20 US Gallons per Minute 10 $) C:,ft" G, I <:; 7"1'>..-1 a.. J: 05 01 I I I I i , I I I I I I I i I I , I I I I T : I I I I I I I , J I I 1 I l I I I t r I , , 1 I I I , i , I , : T I , , , I , , , I , ! I , I , , I , I , I I : I , I 1 : , , I , I T I I I i ! , .- , l ~ o o 10 20 30 40 Specl neall ons S IJbJ E:d 10 cha rIg B wIIMOUII1D! Ice ~1E3l = ;;;; COS l-"''''' he 1 IVh PUMPING 12 10 a e 11> ~ :!: E 'tl III 0> ::c: ~ '0 t- 6 4 2 ~I;,'UI~.I!>. ,111~\bk..~~" ~~ "<1~ :4~1. ~;I ~~~-~ ~~~.,,~ ';.,.'9~ -.. ...,~~~ ....,."'"~l~~..,.. The followin~ conditions must be satisfied before the permit can be processed. BUIlding Review Jeff Walker 562-4863 07/28/2005 NOTE - Please cloud any/all changes on the plans before returning them for re-revlew - A response letter shall be submitted With all responses for clarification 07/28/2005 07/28/2005 10107/2005 Conditions Associated With Be P2005~06679 608 HAROLD CT #1 Status Not Met NOTE -Additional Conditions may be necessary based on the responses to conditions or to new Information not on hand at time of review Detail how the wall and roof of the "cupola" raised hip roof at the tenant separation wall meet the Not Met reqUlrments of FBC 70442 Bldg 10/7/2005 Call-out 48" of FRT sheathmg or eqUivalent (FBC 70442 Bldg) on each Side of property line, for Cupola roof, I e from eave to 4' away from CMU wall How are common walls Insulated (R-3) as per FBC 602 1 ABC 1 1 Bldg Not Met 10/7/2005 Some dwgs mdlcate U905C as demiSing wall, but thiS wall does not have R3 msulatlon on each Side as required above U905G shown does not have R3 on each Side? Scale IS mcorrect on many of the reVised dwgs ? Not Met Engineering Review Don Melone 562-4798 07/12/2005 12) Need to show door and stoops for Units #9 thru #12 If bemg prOVIded 07/12/2005 07/1212005 07/12/2005 07/12/2005 07/12/2005 07/12/2005 Fire ReView 1 010612005 Not Met 14) Need to prOVide a temporary work easement for all work to the eXisting grate mlet where the Not Met outfall pipe IS proposed to be connected 15) Need to provide a private drainage easement for storm outfall system on adjacent property Not Met prior to Issuance of a bUlldmg permit 20) Need to mstall a permanent blow off assembly at the termination pOint of the proposed 4" Not Met water mains TALKED TO WATER DEPARTMENT, KEVIN SLATTERY, HE WOULD LIKE TO SEE THE NORTH 1 SOUTH SECTION FOR UNITS 9-12 ELIMINATED AND BANK THE WATER METERS AND RUN THE SERVICE LINES TO EACH UNIT AT THE INTERSECTION 31) Ductile Iron pipe must be mstalled between any tap and water meter Ductile Iron pipe must Not Met be installed between any tap and backflow preventor deVice At least one Jomt of ductile Iron pipe shall be Installed on the service Side of any backflow preventor deVice 34) All polyvmyl chloride pipes shall be laid With an Insulated 12 gauge A W G solid strand copper Not Met wire wound around the pipe forming one complete spiral per JOint of pipe ThiS wire IS to be continUOUS With splices made only by methods approved by the Engineer ThiS wire IS to be secured to all valves, tees and elbows See City of Clearwater Contract SpeCifications and Sta ndard s, Part "B", T echmcal Specifications, Section IV, Article 41 02( B )(2) 42) Final plat recorded With Plnellas County prior to the Issuance of a bUilding permit Not Met Leonard Rickard 562-4327 1 Fire Sprinkler system A) All FDC shall be standalone, yard type, and a minimum of 15 feet from the bUilding B) PrOVide hudraullc calculations Not Met CaseCondltons Print Date 10/20/2005 Page 1 of 4 .., Fire Review 10/06/2005 06/27/2005 10/06/2005 BCP2005-06679 608 HAROLD CT #1 Leonard Rickard 562-4327 C} Provide sprinkler plans showing all piping, check valves, connections D} BUilding appears to be Type IV Unprotected 9038 Table 500 dlcatates that this type of construction req u Ires a N F P A-13 system or 1 hour protection for use of anN F P A-13 R system E) Provide underground plan showing all JOints, restraints, thrusts blocks, megalugs F) Provide separate permit for underground with contractor IIcnese class G) Fire sprinklers required In attic 1 0/6/2005 Item A needs to be addressed Item B IS required to be done by a Fire Protection Engineer before a permit can be approved and Issued to assure an adequate water supply Item C to be addressed by sub contractor with a seperate permit Item D declared the use of 13R system Item E to be provided when Class 5 underground contractor pulls his permit Item F see E Item G not required with 13R system 1 0/6/05 condition not answered Not Met All questions regarding fire comments should be addressed to Chief of Construction S C Strong Not Met who can be reached at 727-562-4327 ext 3039 NOTE - Please cloud any/all changes on the plans before returning them for re-reVlew - Provide a response letter listing the responses to comments, and giving the location of the correction on the plans NOTE -Additional Conditions may be necessary based on the responses to conditions or to new information not on hand at time of review NOTE- This review IS on hold due to inSUfficient information available at the time of review (see comments below) NOTE Resubmit corrected plans to the BUilding Department These are townhouses therefore no penetrations allowed between units Each unit will be be required to have ItS own fire sprinkler riser and control valve Not Met Landscape Site Triangle Plants Scott Kurleman 562-4567x2504 06/27/2005 Per Section 3-1204 H Plants In the Sight tnangles must be Installed In accordance With the requirements In Article 3, DIVISion 9 to minimize traffic hazards Landscape ReView 06/27/2005 06/27/2005 Not Met Scott Kurleman 562-4567x2504 1 0/20/05 Landscape pia n (LS-1) date stam ped rec'd 09/27/05 still has not shown these changes 06/27/05 Install Jasmine or other appropriate groundcover In front of units Instead of sod Not Met 10/20/05 La nd sca pe PI an (LS-1) date sta mped rec'd 09/27/05 stili has not been revised 06/27/05 plan shows both indian hawthorne and sod In rear of units 13-16 In bldg 4 Indicate which It IS Not Met Rick Albee 727 -562-4 741 06/27/2005 Land Resource ReView Not Met Perform the required root pruning and Install tree barricades and erOSion control to city standards CaseCondltons Print Date 10/20/2005 Page 2 of 4 727-562-4741 Not Met Not Met Not Met Not Met 562-4863 Not Met .' BCP2005-06679 608 HAROLD CT #1 land Resource Review Rick Albee 1 0/05/2005 Apply for a tree removal permit 10/05/2005 Apply for a clearing permit 1 0/05/2005 Perform required root pruning and Install tree barricades 1 0/05/2005 Install erosion control Mechanical Review Jeff Walker 07/28/2005 Bldg III appears to not have balanced air return for bedrooms? 07/28/2005 10/7/2005 Revised dwgs do not address condition? Ensure condensate IS disposed to storm or french drain 07/28/2005 10/7/2005 French Drain or equivalent not shown or noted on revised dwg? Ensure AHU have proper condensate drainage, secondary drainage, FBC 307 Mech 07/28/2005 10/7/2005 Detail shown IS for Dehumidifier not AHU? How are CU mounted to roof to ensure resistance to 123mph Wind load 10/7/2005 No attachment detail shown on revised dwg? Specify fasteners, etc Mise - General Jean Peeke 562-4567x2570 06/20/2005 NEED CONTRACTOR INFO TO INCLUDE FLORIDA STATE, PCCLB, OCCUPATIONAL LICENSE ISSUED FROM RESPECTIVE JURISDICTION IF OUT OF STATE CONTRACTOR- CONTRACTOR WILL NEED TO OBTAIN CITY OF CLEARWATER 'JOB SITE ONLY' OCCUPATIONAL LICENSE (JMP) 06/20/2005 NEED RECORDED NOTICE OF COMMENCEMENT PRIOR TO ISSUANCE OF PERMITS (JMP) Plumbmg Review Jeff Walker 562-4863 07128/2005 It appears that there are W/C on the 2nd floor that are vented by the stack ThiS Violates FBC 910 2 Plumbing 10/7/2005 Above conditions remains for units D, E, J and H Clearly indicate on ISO the vents for these 2nd floor WC Stormwater Review Elliot Shoberg 562-4748 06/24/2005 No Issues ZOning Review Scott Kurleman 562-4567x2504 06/28/2005 Per condition of development order regarding case FLS 2004-07054 at 608 Harold Court 1 That final approval of the vacation request of the adjacent portion of the Harold Court nght-of-way occur prior to the Issuance of any permits 06/28/2005 Per condition of development order regarding case FLS 2004-07054 at 608 Harold Court 2 That eVidence of filing of a final plat With Plnellas County be submitted to Staff prior to the Issuance of any bUilding permits Print Date 10/20/2005 Page 3 of 4 Not Met Not Met Not Met Not Met Not Met Not Met Not Met Not Met Not Met CaseCondltons Zomng Review 06/28/2005 06/28/2005 BCP2005-06679 608 HAROLD CT #1 Scott Kurleman 562-4567x2504 Per condition of development order regarding case FLS 2004-07054 at 608 Harold Court 4 That a copy of an agreement with Plnellas County permitting a tie-In of the development stormwater system Into the County's storm system via an 18-Inch ERCP be submitted to Staff prior to the Issuance of any permits Per condition of development order regarding case FLS 2004-07054 at 608 Harold Court 13 That the data table be corrected to reflect 16 dwelling units prior to the Issuance of any permits Print Date 10/20/2005 Page 4 of 4 Not Met Not Met CaseCondltons .,::, -....,..-...... Corporate Warranty Deed RECE~VE[D JUL ~ q tUU4 This Indenture, made June 2,2004 A D Between CKS EnterprISes, LLC whose post office address IS 1696 N Hercules Avenue, Clearwater, FL 33765 a Flonda hmlted habillty company eXlstmg under the laws of the State of Flonda, Grantor and Harold Court Townhomes, LLC, wllOse post office address IS 2506 South MacD1l1 Avenue, Tampa, FL 33629, Grantee, PLANNING DEPARTMENT CiTY OF CLEARWATER Witnesseth, thdt the said Grantor, for and m conslderatlon of the sum of Ten and No/lOO Dollars ($10 00 ), to It In hand paid by the Said Grantee, the receipt whereof IS hereby acknowledged, has granted, bargamed and sold to the saId Grantee forever, the followmg descnbed land, Situate, I ymg and bemg m the County of Pmellas, State of Flonda, to Wit See Legal Description attached hereto as Exhibit "A" SubJ ect to taxes for the current year, covenants, restnctlOns and easements of record, If any Parcel IdentificatIOn Number 16/29/15/55602/000/0070, 16/29/15/55602/00010080, 16/29/15/55602/000/0090,16/29/15/55602/000/0091, 15/29/15154450/020/0100 And the Said Grantor does hereby fully warrant the utle to said land, and Will defend the same agamst the lawful claims of all persons whomsoever In Witness Whereof, the Said Grantor has caused thiS Instrument to be executed 10 Its name by lls duly authonzed officer and caused ItS corporate seal to be affixed Ihe day and year fmt above wntten Signed am!. SEale.di!.l Our Presence: ", ... ""-., ~ ......... , ~ 7 ~ ,~-L A (~r: :)",,' \i\\,. d b'.llU...li \ ~b c_ C;;,<,,, c'IL vl-' 'l~ Jl.L~n O:)Vi 8 i'l f1101' ny.,/' G Its: , '- ~: -...-- -- (Corporate Seal) Wll~... rl1 ~l Name State of County of Flonda Pmellas The forego 109 mstrument was acknowledged before me thiS 2nd day of June, 2004, by Guy Kunnen the Managmg Member of CKS Enterpnses, liC, a Flonda lmllted habiltty company eXlstmg under the laws of the State of, on behalf of the CorpordtlOn He/She IS personally known to me or has produced hiS Flonda dnver's license as Idenhflcal10n .,lLc ~L~<c~lJJJ Notary Pubhc ] I L::TJ O~)'';jO 1\1 i Il") I' Notary Printed Name (Seal) Prepared by John GlacolettI , an employee of La w Offices of Richard T A V1S, 1325 Snell Isle Blvd, Suite 205C St Petersburg, Flonda 33704 My ComrrusslOn ExpIres "'~I'\fPf~. John C. GIOCOIeUt t. *~ MY COMMISSION # DD225022 eXPIRES ~ "~f AUgU9124, 2007 "tl/r"r,.(.'" BONO!O THRU TRoY fAIN rNSUAAN~!Nt. File Number 04.057 Closer's ChOIce Ronda Corporate DeedlLeller 'I' LEGAL DESCRIPTION EXHIBIT "A" Parcel 1 Lots 7 and 8 , MARSHALL & BRANDON'S SUBDIVISION, accordmg to map or plat thereof recorded m Plat Book 1, page 27, publIc records of Pmellas County, Flonda Parcel 2. The East 40 feet of Lot 9, MARSHALL & BANDON'S SUBDIVISION, accordmg to map or plat thereof recorded m Plat Book '1, page 27, public records of Pmellas County, Flonda Parcel 3 The West 20 feet of Lot 9 and the East 20 feet of Lot 10, MARSHALL & BRANDON'S SUBDIVISION, accordmg to map or plat thereof recorded m Plat Book 1, page 27, public records of Pmellas County, Flonda Parcel 4 Lot 10, Block 20, MAGNOLIA Park, accordmg to map 01 plat thereof recorded m Plat Book 3, page 43, public records of Pmellas County, Flonda , " WHEN RECORDED MAIL TO: ColonIal Bank, N A loan Admlnlstrallon 4144 N. Armenia Ave Tampa, FL 33607 This Mortgage prepared by Name. S Barnes Company. COLONIAL BANK, N A Address 4144 N Armenia Ave, Tampa, FL 33607 MORTGAGE! FUTURE ADVANCES MAXIMUM LIEN The total amount of Indebtedness secured by this Mortgage may decrease or Increase from time to time, but the maximum amount of principal Indebtedness which may be outstanding at anyone time shall not exceed $850,000.00, plus interest, and amounts expended or advanced by Lender for the payment of taxes, leVies or Insurance on the Property, and Interest on such amounts THIS MORTGAGE dated June 2, 2004, 15 made and executed between Harold Court Townhomes, LLC, a Florida limited liability company, whose address 15 13014 North Dale Mabry, Hwy, Suite 356, Tampa, FL 33618 (referred to below as "Grantor") and COLONIAL BANK, N A., whose address Is 400 N Tampa fitreet, Tampa, FL 33602 (referred to below as "Lender") ,'. GRANT OF MORTGAGE For valuable consideration, Grantor mortgages to lender all of Grantor's right, tille, and Interest In and to the following described real property, together With all existing or subsequently erected or affixed buildIngs, Improvements and flldums, all easements, rights of way, and appurtenances, all water, water nghts, watercourses and ditch rights (including stock In utilities With ditch or Irrigation tights), and all other r19,hts, royalties, and p,roflts relating to the real pro~erty, Including without limitation all minerals, 011, gas, gaothermal and similar matters, (the 'Real Property') located In Plnellas County, State of FlOrida: See Attached Exhibit "A" attached hereto and made a part hereof The Real Property or Its addre1s Is commonly known as 610 Harold Court, Clearwater, FL 33756. The Real Property tax Identification number Is 162915556020000070,16291555602000080,162915556020000090,162915556020000091,152915544500200100 Grantor presently assIgns to Lender all of Grantor's righI, title, end Interest In and to all present and future leases of the Property and all Rents from the Property In addition, Grantor grants to lender a Uniform Commercial Code secUrity Interest In the Personal Property and Rents FUTURE ADVANCES Speclflcally, wllhoutllmltallon, thlS Mortgage secures, in addition to the amounts specllled In the Note, all future amounts Lender In Its discretion may loan to Grantor within twenty (20) years of the date of this Mortgage, together WIth all Interest thereon THIS MORTGAGE, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY, IS GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND (8) PERFORMANCE OF ANY AND ALL OBLIGATIONS UNDER THE NOTE IN THE ORIGINAL PRINCIPAL AMOUNT OF $425,00000, THE RELATED DOCUMENTS, AND THIS MORTGAGE THIS MORTGAGE IS GIVEN AND ACCEPTED ON THE FOllOWING TERMS. PAYMENT AND PERFORMANCE Except as otherwise provided In this Mortgage, Grantor shall pay to Lender all amounts secured by this Mortgage as they become due and shall strictly perform all of Grantor's obllgetlons under this Mortgage POSSESSION AND MAINTENANCE OF THE PROPERTY. Grantor agrees that Grantor's possessIon and use of the Property shell be governed by the followIng proviSIOns Possession and Use Until the occurrence of an Event of Default, Grantor may (1) remain In possession and control of the Property, (2) use operate or manage the Property, and (3) collect the Rents from t~e Property Duty to Maintain Grantor shall maintain Ihe Property In tenantable condition and promptly perform all repairS, replacements, and maintenance necessary to preserve lis value compliance With Environmental Laws Grantor represents and warrants to lender that (1) During the penod ot Grantor's ownershIp of the Property, there has been no use, generallon, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance by any person on, under, about or from the Property, (2) Grantor has no knowledge of, or reason to believe that there has been, except as preViously disclosed to and acknowledged by Lender In writing, (a) any breach or violation of any Environmental Laws, (b) any use. generation, manufacture, storage, treatment, disposal, release or threatened release 01 any Hazardous Substance on, under, about or from the Property by any prior owners or occupants of the Property, or (c) any actual or threatened litigation or claIms of any kind by any person relating to such matters, and (3) Except as previously disclosed to and acknowledged by Lender In writing, (a) neither Grantor nor any tenant, contractor, agent or other authorized user of the Property shall use, generale, manufacture, store, treat, dispose of or release any Hazardous Substance on, under, about or from the Property, and (b) any such activity shall be conducted In compliance With all applicable federal, state, and !ocellaws, regulations and ordinances, including without limitation all EnvIronmental Laws Grantor authorizes Lender and lis agents to enter upon the Property to make such Inspections and tests, at Grantor's expense, as Lender may deem appropnate to determine compliance of the Property With It1IS section of the Mortgage Any Inspections or tests made by Lender shall be for Lender's purposes only and shall not be construed to create any responSibility or liability on the part of Lender to Grantor or to any other person The representatIOns and warranties contaIned herein are based on Grantor's due diligence In Investigating the Property for Hazardous Substances Grantor hereby (1) releases Bnd waives any future claims against Lender for Indemnity or contribution In the event Grantor becomes liable for cleanup or other costs under any such laws, and (2) agrees to Indemnify and hold harmless Lender agaInst any and all claims, losses, liabilities, damages, penalties, and expenses which Lender may directly or Indirectly sustaIn or suffer resulting from a breach of thiS sectIOn of the Mortgage or as a consequence of any use, generation, manufacture, storage, disposal, release or threatened release occurring prIor to Grantor's ownership or Interest In the Property, whether or not the same was or should have been known 10 Grantor The provisions of thIs section of the Mortgage, Including the obligation to Indemnify, shall survive the payment of the Indebtedness and the , / /~ ;j;.f.~~ -~lrnALS Loan No, 8037010983-00001 MORTGAGE (Continued) Page 2 satisfaction and reconveyance of the lien of this Mortgage and shall not be affected by Lender's acquIsition of any Intereslln the Property, whether by foreclosure or otherwise Nuisance, Waste Grantor shall not cause, conduct or permit any nuisance nor commit, permit, or suffer any stripping of or waste on or to the Property or any portion of the Property Without IImlllng the generality of the foregoing, Grantor will not remove, or grant to any other party the rIght to remove, any timber, minerals {Including 011 and gas), coal, clay, scona, SOil, gravel or rock products Without Lender's prior written consent ' Removal of Improvements Grantor shall not demolish or remove any Improvements from the Real Property without Lender's prior wntten consent As a condlllon to the removal of any Improvements, Lender may require Grantor to make arrangements satisfactory to Lender to replace such Improvements With Improvements of at least equal value Lender's Right to Enter Lender and Lender's agents and representatives may enler upon the Real Property at all reasonable Urnes to attend to Lender's Interests and 10 Inspect the Real Property lor purposes of Grantor's compliance wllh the terms and conditions of thiS Mortgage Subsequent Liens Grantor shall not allow any subsequent liens or mortgages on all or any portion of the Property Without the prior wrllten- - consent of Lender Compliance wllh Governmental Requirements Grantor shall promptly comply wllh aU laws, ordinances, and regulations, now or herealler In effect, of all governmental authorities applicable to the use or occupancy at the Property, Including Without limitatIon, the Americans Wllh Dls!"bllltles Act Grantor may contest In good faith any such law, ordinance, or regulallon and withhold compliance durIng any proceeding, Incl~dlng appropriate appeals, so long as Grantor has notified Lender In writing prior to dOing so and so long as, In Lender's sole opinion, Lender's Inlerests In the Property are not jeopardized Lender may reqUIre Grantor to post adequate security or a surety bond, reasonably satisfactory to Lender, to protect Lender's mterest Duty to Protect. Grantor agrees neither 10 abandon or leave unattended the Property Grantor shall do all other acts, In addition to those acts set forth above In thiS section, which from the character and use of the Property BrB reasonably ne(,essary to protect and preserve the Property TAXES AND LIENS The following provIsions relating to the taxes and liens on Ihe Property ere part of this Mortgage Payment. Grantor shall pay when due (and In all events prior to delinquency) all taxes, payroll taxes, special taxes, assessments, water charges and sewer service charges levied against or on account of the Property, and shall pay when due all claims for work done on or for selVlces rendered or matenal turnlshed to the Property Grantor shall maintain the Property free of any bens having priOrity over or equal to the mterest of Lender under this Mortgage, excepl for those liens speCifically agreed to In writing by Lender, and except lor the lien of taxes and assessments not due as further specified In the Right to Conlest paragraph Right to Contest Grantor may Withhold payment of any tax, assessment, or claim In connecllon With a good faith dispute over the obligatIon to pay, so long as Lender's Interest In the Property Is not jeopardized If a lien arises or Is filed as a result of nonpayment, Grantor shall Within Ilfteen (15) days after the 118n arises or, If a lien IS flied, Within fifteen (15) days after Grantor has notice of the filing, secure the dispharge of the lien, or If requesled by Lender, deposit With Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender In an amount sufficIent 10 discharge the nen plus any costs and reasonable attorneys' fees, or other charges that could accrue es a result of a foreclosure or sale under the lien In any contest, Grantor shall defend Itself and Lender end shall satisfy any adverse Judgmei ,t before enforcement agalnstlhe Property Grantor shall name Lender as an addlllonal obligee under any surety bond furnished In the contest proceedings Evidence 01 Payment Grantor shall upon demand furnish to Lender satisfactory evidence of payment of the taxes or assessments and shall authorize the appropriate governmental offiCial to deliver to Lender at any time a written statement of the taxes and assessments against the Property Notice 01 Constructton Grantor shall nollfy Lender at least lifleen (15) deys before any work Is commenced, any services are furnished, or any materials are supplied to the Property, If any mechaniC's lien, materialmen's lien, or other hen could be asserted on account of the work, servIces, or materials Grantor will upon request of Lender furnIsh to Lender advance assurances satisfactory to Lender thai Grantor can and will pay the cost of such Improvements PROPERTY DAMAGE INSURANCE, The following provIsIons relating to Insuring the Property are a part of this Mortgage Maintenance 01 Insurance Grantor shall procure and maintain policies 01 fire Insurance wllh slandard extended coverage endorsements on a replacement basIs for the full Insurable value covering all Improvements on the Real Property In an amount sufficient to aVOid epphcatlon of any cOinsurance clause, and with a standard mortgagee clause In favor of Lender Grantor shall also procure and maintain comprehensive general liability Insurance In such coverage amounts as Lender may request With Lender being named as addlllonallnsureds In such liability Insurance policies AddItIonally, Grantor shall maintain such other Insurance, Including but not limited to hazard, bUSiness Interruption and boiler Insurance as Lender may require Policies shall be written by such Insurance companies and In such form ~s may be reasonably acceptable to Lender Grantor shall deliver to Lender certificates of coverage from each Insurer containing a stipulation that coverage WIll nol be cancelled or dlmlfllshed Without a minimum of ten (10) days' pnor wntlen notice to Lender and not containing any disclaimer of the Insurer's liability for failure to give such notice Each Insurance policy also shall Include an endorsement provldlllg that coverage In favor of Lender will not be ImpaIred In any way by any act, omIssion or default 01 Grantor or any other person Should the Real Property be located In an area designated by the Director 01 the Federal Emergency Management Agency as a specIal flood hazard area, Grantor agrees to obtain and maintain Federal Flood Insurance, If available, WIthin 45 days after nollce Is given by Lender that the Property Is located In a speCial flood hazard area, for the full unpaid prinCipal balance 01 the loan and any prior liens on the property securing the loan, up to the maximum polley limits set under the National Flood Insurance Program, or as otherwise required by Lender, and to maintain such Insurance for the tarm of the loan Application of Proceeds Grantor shall promptly notify Lender 01 any.loss or damage to the Property Lend~Lmay make proof of loss If Grantor falls to do so Within fifteen (15) days of the casualty Whether or not Lender's security Is Impaired, Lender may, at lender's election, receive and relaln the proceeds of any Insurance and apply the proceeds to the reduction of the Indebtedness, payment of any Ilen affecting the Property, or the restoration and repair of the Property If Lender elects to apply the proceeds to restorallon and repair, Grantor shall repair or replace \he damaged or destroyed Improvements In a manner satisfactory to Lender Lender shall, upon satisfactory proof of such expenditure, payor reimburse Grantor from the proceedS for the reasonable cost of repair or restorallon If Grantor Is not In default under this Mortgage Any proceeds whIch have not been disbursed Within 180 days alter th81r receIpt and which Lender has not committed \0 the repair or restoraUon of the Property shall be used first to pay any amount owIng to Lender under thiS Mortgage, then to pay accrued mterest, and the remainder, If any, shall be applied to the principal balance of the Indebtedness If Lender holds any proceeds after payment In full of the Indebtedness, such proceeds shall be paid to Grantor as Grantor's interests may appear Grantor's Report on Insurance Upon request of lender, however not more than once a year, Granlor shall furnish to Lender a report on each eXisting policy of Insurance shOWing (1) the name 01 the Insurer, (2) the risks Insured, (3) the amount of Ihe policy, (4) the - property Insured, the then current replacement value of such property, and the manner of determining that value, and (5) the explrallon date of the pollcy Grantor shall, upon request of Lender, have an Independent appraiser satlsfactory to Lender determine the cash value replacement cost of the Property LENDER'S EXPENDITURES. If any action or proceedIng Is commenced thai would materially affect Lender's Interest In the Property or If Grantor , falls to comply with any proVision of this Mortgage or any Ralated Documents, includIng but not limited to Grantor's failure to discharge or pay , when due any amounts Grantor IS reqUired to discharge or pay under this Mortgage or any Related Documents, Lender on Granlor's behall may (but shall nol be obligated to) lake any acllon that Lender deems appropriate, Including but not limited to discharging or paYing all taxes, liens, security Interests, encumbrances and other claims, at any time leVied or placed on the Property and paying all costs for Insuring. malntalmng and preserving the Property All such expenditures Incurred or paid by Lender for such purposes will then bear Interest at the rate charged under the Note from the date Incurred or paid by Lender to the date of repayment by Grantor All such expenses will become a part of the Indebtedness I and, at Lender's option, will (A) be payable on demand, (6) be added \0 the balance of the Note and be apportIoned among ana be "paj.,l:Ile /./'? I , .'~~ --l,t\l'iTIALS - ~ .._~ ----~ --~-~~-- ~~ --~"'] ~ ~ loan No: 8037010983-00001 MORTGAGE (Continued) Page 3 wllh any Installment payments to become due during either (1) the term of any applicable Insurance policy, or (2) the remaining term or the Note, or {C} be treated as a balloon payment which will be due and payable at the Note's maturity The Mortgage also will secure payment of these amounts Such right shall be In addition to all other rights and remedies to which Lender may be entitled upon Default WARRANTY, DEFENSE OF TITLE The follOWing proVisions relating to ownershIp of the Property are a part of this Mortgage Tille Grantor warrants that (a) Grantor holds good and marketable title of record to the Property In fee Simple, Iree and clear of all liens and encumbrances other than those set tortllln the Rea! Property deSCription or In any tllle Insurance polley, title report, or final title opinion Issued In favor of, and accepted by, Lender In connection With this Mortgage, and (b) Grantor Ilas tile full right, power, and authority to execute and deliver this Mortgage to Lender Defense 01 Title Subject to the exception In the paragraph above, Grantor warrants and Will forever defend tile title to the Property against the lawful claims of all persons In the event any action or proceeding Is commenced that questions Grantor's tItle or the Interest of Lender _ under this Mortgage, Grantor shall dofend the action at Grantor's expense Grantor may be the nominal party In such proceeding, but Lender shall be entitled to partiCipate In tile proceeding and to be represented In the proceeding by counsel of Lender's own cllolce, and Grantor Will deliver, or cause to be delivered, to Lender such Instruments as Lender may request from time to time to permit such participation Compliance With Laws Grantor warrants that the Property and Grantor's use of the Property complies With all existing applicable laws, ordinances, and regulations of governmental authorities Survival of Representations and Warranties. All representations, warranties, and agreements made by Grantor In this Mortgage shall survive the execution and delivery of this Mortgage, shall be continUing In nature, and shall remain In full force and effect until such time as Grantor's Indebtedness shall be paid In full CONDEMNATION. The following provisions relating to condemn allan proceedings are a part of this Mortgage Proceedings If any proceeding In condemnation Is filed, Grantor shall promptly nolify Lender In Writing, and Grantor sllall promptly take such steps as may be necessary to defend tile action and obtain the award Grantor may be the nominal party In such proceeding, bul lender shall be entitled to partiCipate In the proceeding and to be represented In the proceeding by counsel of Its own cllOlce. and Grantor Will deliver or cause to be delivered to Lender such Instruments and documentalion as may be requested by Lender from tJme 10 tlmB to _ permit sucll partiCipation Application of Net Proceeds If all or any part of the Property is condemned by eminent domain proceedings or by any proceeding or purchase In lieu of condemnation, Lender may at Its electlon require that all or any portion of the net proceeds of the award be applied to the Indebtedness or the repair or restoration of the Property The net proceeds of the award shall mean the award alter payment of all reasonable costs, expenses, and attorneys' fees Incurred by Lender In connection With the condemnation IMPOSITION OF TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES The follOWing prov1slons relating to governmental taxes, fees and charges are a part of tillS Mortgage Current Taxes, Fees and Charges. Upon request by Lender, Grantor shall execute such documents In addition to this Mortgage and take whatever other action Is requested by Lender to perfect and continue Lender's lien on the Real Property Grantor shall reimburse Lender for all taxes, as desCribed below, together With all expenses Incurred In recording, perfecting or continuing this Mortgage, Including wltho:t limitation alllntangJble personal property taxes, documentary stamp taxes, fees, and other charges for recording or reglstenng thiS Mortgage Taxes Tile follOWing sllall constitute taxes to which thiS section applies (1) a speCifiC tax, Including without limitation an Intangible personal property tax, upon this type of Mortgage or upon all or any part of the Indebtedness secured by this Mortgage, (2) a speCIfic lax on Grantor which Grantor IS authonzed or reqUired to deduct from payments on the Indebtedness secured by this type or Mortgage, (3) a lax on this type of Mortgege cllargeable against the Lender or the holder of the Note, and (4) a speCifiC tax on all or any portion 01 the Indebtedness or on payments of principal and interest made by Grantor Subsequent Taxes If any tax to which thiS section applies Is enacted subsequent to the date of thiS Mortgage, thiS event shall have the same effect as an Event of Default, and Lender may exercise any or all of Its available remedies for an Event of Default as proVided below unless Grantor either (1) pays the tax before it becomes delinquent, or (2) contests tile tax as provided above In the Taxes and Liens secllon and depOSits wllh Lender cash or a suffiCient corporate surety bond or other secuflty satisfactory to Lender SECURITY AGREEMENT, FINANCING SrATEMENTS The following proviSions relating to thiS Mortgage as a secunty agreement are a part 01 this Mortgage Security Agreement. ThiS mstrument shall constitute a Security Agreement to the extent any of the Property constitutes fixtures, and Lender shall have all of the rights of a secured party under the Uniform Commercial Code as amended from time to time Security Interest Upon request by Lender, Grantor shall execute fmanc!ng statements and take whatever other action Is requested by lender to perfect and continue Lender's security Interest 10 the Rents and Personal Property In addition to recording this Mortgage In the real property records, Lender may, at any time and Without further authOrization from Grantor, Ille executed counterparts, caples or reproductions of thiS Mortgage as a IInanclng statement Grantor shall reimburse Lender for all expenses mcurred In perfecting or continuing thiS security Interest Upon default, Grantor sllall not remove, sever or detach the Personal Property from the Property Upon default, Grantor shall assemble any Personal Property not affixed 10 the Properly In a manner and at a place reasonably convenient to Grantor and Lender and make it available to Lender Within three (3) days after receipt of written demand from Lender to the extent permitted by applicable law Addresses Tile mailing addresses of Grantor (debtor) and Lender (secured party) from which Information concerning the security Interest granted by thiS Mortgage may be obtained (each as required by the Uniform CommerCial Code) are as stated on the first page of this Mortgage FURTHER ASSURANCES: ATIORNEY-IN.FACT Tile following provisions relating to further assurances and attorney.ln-fac! are a part of this Mortgage Further Assurances, At any tfme, and from lime to time, upon request of Lender, Grantor will make, execute and denver, or will cause to be made, executed or delivered, to Lender or to Lender's deSignee, and when requested by lender, cause to be filed, recorded, reflled, or rerecorded, as the case may be, at such times and In such offices and places as Lender may deem appropriate, any and all such mortgages. deeds of trust, secunty deeds, security agreements, finanCing statements, continuation statements, Instruments of further assurance, certificates, and other documenls as may, In the sole opinion of Lender, be necessary or desirable In order to effectuate, complete, perfect, \ contmue, or preserve (1) Grentor's obligations under the Note, this Mortgage, and the Related Documents, and (2) the liens and security Interests created by this Mortgage as first and prior liens on the Property, whether now owned or hereafter acqUired by Grantor Unless prolllblted by law or Lender agrees to tile contrary m writing, Grantor sllall reimburse Lender for all costs and expenses Incurred In connection wllI1 the matters referred to In this paragrapll Attorney-In-Fact. If Grantor falls to do any of tile things referred to In the preceding paragraph, Lender may do so for and In the name of Grantor and at Grantor's expense ror sucll purposes, Grantor Ilereby Irrevocably appoints lender as Grantor's attorney.ln-fact for the purpose of making, executing, delivering, fllmg, recording, and doing all other things as may be necessary or deSirable, In Lender's sole opinion, to accomplish the matters referred to In the preceding paragraph FULL PERFORMANCE. If Grantor pays all the Indebtedness, including Without limitation all future advances, when due, and otherwise performs all the obligations Imposed upon Grantor under this Mortgage, Lender shall execute and deliver to Grantor a suitable sallsfactlon of this Mortgage and suitable statements of termination of any fmanclng statement on file eVidenCing Lender's security interest In the Rents and tile Personal Property Grantor Will pay, If permUted by applicable law, any reasonable termmatlon fee as determined by Lender from time to time EVENTS OF DEFAULT Eacll of the follOWing, at Lender's option, sllall constitute an Evenf of Defaull under this Mortgage Payment De,fault Grantor falls to make any payment when due under the Indebtedness y' _ ~1.. p"- ~~rrr~lS loan No' 8037010983-00001 MORTGAGE (Continued) Page 4 Default on Other Payments. Failure of Grantor within the time reqUired by this Mortgage to make any payment for taxes or Insurance, or any other payment necessary to prevent filing of or to effect discharge 01 any lien Olher Defaults Grantor falls to comply with or to perform any other term, obllgallon, covenant or condition contained In this Mortgage or In any of the Aelated Documents or to comply with or to perform any term, obligation, covenant or condition contained In any other agreement between lender and Grantor Default In Favor of Third Parties Should Grantor default under any loan, extension of credit, secunty agreement, purchase or sales agreement, or any other agreement, In favor of any other creditor or person that may matenally affect any of Grantor's property or Grantor's ability to repay the Indebtedness or Grantor's ability to perform Grantor's obligations under thiS Mortgage or any related document False Statements, Any warranty, representation or statement made or furnished to lender by Grantor or on Grantor's behalf under this Mortgage or the Related Documents Is false or misleading In any malerlal respect, either now or at the time made or furnished or becomes false or misleading at any time thereafter Defective Collateralizatlon ThiS Mortgage or any of the Related Documents ceases to be In full force and effect (Includmg failure of any collateral document to create a valid and perfected security Interest or lien) at any time and for any reason Death or insolvency The dlssolulfon of Grantor's (regardless of whether election to contmue Is made), any member withdraws from the limited liability company, or any other termination of Grantor's eXistence as a gOing busmess or the death of any member, the Insolvency of Grantor, the appointment of a receiver for any part of Grantor's property, any assIgnment lor the benefit of creditors, any type of creditor workout, or the commencement of any proceeding under any bankruptoy or Insolvency laws by or against Grantor Creditor or Forlelture Proceedings Commencement of foreolosure or forfeiture proceedings, whether by Judlolal proceeding, self-help, repossession or any other method, by any credllor of Grantor or by any governmental agency against any property securing the Indebtedness This Includes a garnishment of any 01 Grantor's accounts, Including deposft accounts, With Lender However, thIs Event of Default shall not apply If there Is a good faith dispute by Grantor as to the validity or reasonableness of the claim which Is the basis of the creditor or forfeiture proceedmg and If Grantor gives Lender written notice of the creditor or forfeiture proceeding and depOSits with lender monies or a surety bond for the creditor or forfeiture proceedmg, In an amount determined by lender, In Its sole discretion, as bemg an adequate resBlve or bond for the dispute Breach of Other Agreement. Any breach by Grantor under the terms of any other agreement between Grantor and lender that Is not remedied wlthm any grace penod proVided therelll, Including Without limitation any agreement concerning any Indebtedness or other obligation of Grantor to lender, whether existing now or later Events Affet:ting Guarantor Any of the preceding events ocours with respeot to any Guarantor 01 any of the Indebtedness or any Guarantor dies or beoomes Incompetent, or revokes or disputes the validity of, or liability under, any Guaranty of the Indebtedness In the event of a death, lender, at Its option, may, but shall not be reqUired to, permit the Guarantor's estate to assume unconditIonally the obligatIons arlsmg under the guaranty In a manner satISfactory to lender, and, In dOing so, cure any Event of Default Adverse Change A material adverse change occurs In Grantor's fmancla! condition, or Lender believes the prospect of payment or performance of the Indebtedness Is Impaired InsecurUy lender In good faith believes Itself Insecure '~ Right to Cure If such a failure Is curable and If Grantor has not been given a notloe of a breach of the same prOVision of this Mortgage Within the preoedlng twelve (12) months, It may be cured (and no Event of Default Will have oocurred) If Grantor, after lender sends written notice demanding cure of such failure (a) cures the failure within fifteen (15) days, or (b) If the cure requires more than fifteen (15) days, Immediately In!llat~s steps sufficient to cure the failure and thereafter continues and completes all reasonable and necessary steps sufficient to produoe compliance as soon as reasonably practical RIGHTS AND REMEDiES ON DEFAULT, Upon the ocourrence of an Event 01 Default and at any lime thereafter, Lender, at lender's option, may exerCise anyone or more 01 the follOWing rights and remedies, In addition to any other nghts or remedies proVided by law Accelerate Indebtedness Lender shall have the right at fts option Without notice to Grantor to declare the entire Indebtedness Immediately due and payable, includIng any prepayment penalty which Grantor would be reqUired to pay UCC Remedies With respect to all or flny part of the Persona! Property, Lender shall have all the rights and remedies of a secured party under the Uniform CommerCial Code Collect Rents Lender personally, or by lender's agents or attorneys, may enler IIlto and upon all or any part of the Property, and may exolude Grantor, Grantor's agents and servants wholly from the Property lender may use, operate, manage and control lI1e Property Lender Shall be entitled to collect and reoelve all earmngs, revenues, rents, Issues, profits and Income of the Property and every part thereof, all of whIch shall for aU purposes constitute property 01 Grantor After deducting the expenses of conduotlng the busllless thereof, and of all malnlenance, repairs, renewals, replaoements, alterations, additions, betterments and Improvements and amounts necessary to pay for taxes, assessments, Insurance and prior or other property Charges upon the Property or any part thereof, as well as Just and reasonable compensation for the services of lender lender shall apply such momes first to the payment of the principal of the Note, and the Interest thereon, when and as the same shall become payable and second to the payment of any other sums required to be paid by Grantor under thiS Mortgage Appolnl Receiver In the event of a suit being Instituted to foreclose thIS Mortgage, lender shall be enlllled to apply at any time pending such foreolosure SUit to the court haVing JUriSdiction lhereof for the appointment 01 a receiver of any or all of the Property, and of all rents, Incomes, profits, Issues and revenues thereof, from whatsoever source The parties agree that the oourt shall forthwlt[1 appoint suoh receiver With the usual powers and duties of receivers In like cases Such appoIntment shall be made by the court as a matter of strict fight to lender and Without nollce to Grantor, and wllhout referenoe to the adequacy or Inadequacy of the value of the Property, or to Grantor's solvenoy or any other party defendant to suoh SUit Grantor hereby specffically walvelj the nght to object to the appOintment of_a receiver and agrees that such appointment shall be made as an admitted equity and as a matter of absolute right to Lender, and oonsents to the appointment of any ofhoer or employee of Lender as receiver Lender Shall have the right to have a receiver appOinted to take possession of all or any part of the Property, with the power to protect and preserve the Property, to operate the Property preoedlng foreolosure or sale, and to collect the Rents from the Property and apply the proceeds, over and above the cost of the receivership, against the Indebtedness The receiver may serve Without bond If permitted by law Lender's right to the appointment of a receiver shall eXist whether or not the apparent value of the Property exceeds the Indebtedness by a substantial amounl Employment by lender shall not disqualify a person from serving as a receiver JudicIal Foreclosure lender may obtain a judiCial decree foreclosing Grantor's Interest m all or any part of the Property DeficIency Judgment If permitted by applicable law, Lender may obtain a Judgment lor any deflclenoy remaining In the Indebtedness due to lender after applloahon of all amounts received from the exercise of the rights provided In thiS section Tenancy al Sufferance If Grantor remaIns In possession of the Property after the Properly Is sold as proVided above or lender olhelWlse becomes entitled to possession of the Property upon default of Grantor, Grantor shall become a tenant at sufferanoe of lender or the purchaser of the Property and shall, at Lender's option, either (1) pay a reasonable rental for the use of the Property, or (2) vacate the Property Immediately upon the demand of lender Other Remedies Lender shall have all other rights and remedies prOVided In thiS Mortgage or the Note or available at law or In equity Sale of Ihe Property To the extent permitted by applicable law, Grantor hereby waives any and all right to have the Property marshalled In exercising Its nghts and remedies, lender shall be free to sell all or any part of the Property togelher or separately, III one sale or by separate sales lender shall be entitled to bid at any publlc sale on all or any portion of the Properly Notice of Sale Lender shall give Grantor reasonable notice of the time and place of any publlo sale of the Personal Property or of the lime after which any private sale or other Intended dlsposltlon of the Personal Property Is to be made Reasonable notice shall mean notice given at least ten (10) days before the time of the sale or disposition Any sale of the Personal Property may be made In conjunction With any ~~Ia ,,,,;tt -- .~' ~ .~-- ~~'nALS Loan No 803701 0983-00001 MORTGAGE (Continued) Page 5 01 the Real Property ElectIon 01 RemedIes Election by Lender to pursue any remedy shall not exclude pursUit of any other remedy, and an election to make expenditures or 10 take acllon to perform an obligation of Grantor under this Mortgage, aNer Grantor's failure to perform, shall nol affect Lender's nght to declare a default and exercise its remedies Nothing under thiS' Mortgage or otherwise shall be construed so as to limit or restrict the rights ana remedies available to Lender following an Event of Default, or 1n any way to limit or restnct the rights and ability 01 Lender to proceed directly against Grantor and/or against any other co-maker, guarantor, surety or endorser and/or to proceed agalnsl any other collateral directly or Indirectly secunng the Indebtedness Attorneys' Fees, Expenses II Lender Institutes any suit or action to enforce any of the terms of this Mortgage, Lender shall be entitled to recover such sum as Ihe court may adludge reasonable as attorneys' fees at trial and upon any appeal Whether or not any court acllon Is involved, and to the extent not prohibited by law, all reasonable expenses Lender Incurs that in Lender's opinion are necessary at any time for the protectlon of Its Interest or the enforcement ollIs rights shall become a part of the Indebtedness payable on demand and shall bear Interest at the Nole rate from Ihe date of the expandlture until repaid Expenses covered by this paragraph include, without IIm1tatlon, however subject to any limits under applicable law, Lender's reasonable attorneys' fees and Lender's legal expenses, whether or not there Is a lawsuit, Including reasonable attornays' fees and expenses for bankruptcy proceedings (Including efforts to modify or vacate any automatic stay or Inlunctlon}, appeals, and any anticipated post-Judgment collection services, Ihe cosl of searching records, obtBlnlng title reports (including foreclosure reports), surveyors' reports, and appraisal fees and Iltle insurance, to the extent permitted by applicable law Grantor also Will pay any court costs, In addition to all other sums proVided by law NOTICES Any notice required to be given under this Mortgage, including wlthoutllmltallon any notice of default and any notice of sale shall be given 10 writing, and shall be effective when actually delivered, when actually received by telefacslmlle (unless otherwise required by law), when deposited With a nationally recognized overnight courier, or, )f mailed, when deposited In the United States mall, as first class, certified or registered mall postage prepaid, directed to the addresses shown near the beginning of thiS Mortgage Any party may change Its address for notices under thIs Mortgage by giving written notice to the other parties, speCifying that the purpose of the notice is 10 change the party's address For notice purposes, Grantor agrees to keep Lender Informed at all times of Grantor's current address Unless otherwise provided or required by law, If there IS more than one Grantor, any notice given by Lender to any Grantor Is deemed to be notice gfven to all Grantors MISCELLANEOUS PROVISIONS The follOWing miscellaneous proVISions are a part ot this Mortgage Amendments This Mortgage, together with any Related Documents, constitutes the entire understanding and agreement of the parties as 10 the matters set forth )n thiS Mortgage No alteration of or amendment to this Mortgage shall be effective unless gIVen In writing and signed by !he party or parties sought to be charged or bound by the alteration or amendment Annual Reports If the Property Is used for purposes other than Grantor's reSidence, Grantor shall furnish to Lender, upon request, a certified statement of net operating Income received from the Property dUring Grantor's previous fiscal year In such form and detail as Lender shall require 'Net operating Income" shall mean all cash receipts from the Property less all cash expenditures made In connection with the operation of the Property Caption Headings Caplfon headings In thiS Mortgage are for convemence purposes only and are not to be used to Interpret or define the proviSions of Ihls Mortgage Governing Law, This Mortgage will be governed by, construed and enforced In accordance wllh federal law and the laws of ,'he State of Florida, This Mortgage hag been accepted by Lender In the State 01 Florida No Waiver by Lender Lender shall not be deemed to have waived any rights under this Mortgage unless such waiver is given In Writing and signed by Lender No delay or omission on the part of Lender In exercISing any rIght shall operate as a waiver of such right or any other right A waiver by Lender of a provisIon of this Mortgage shall not prejudice or conslltute a wafver of lender's rIght otherwise to demand strict compliance With that prOVISion or any other provISion of thiS Mortgage No pnor waiver by Lender, nor any course of dealmg between Lender and Grantor, shall constitute a waiver of any of Lender's rights or of any of Grantor's obhgal1ons as to any future transactions Whenever the consent of Lender IS reqUired under this Mortgage, the granlmg of such consent by lender In any Instance shall not constitute continuing consent to subsequent Instances where such consent IS reqUired and In all cases such consent may be granted or Withheld In the sole discretion of Lender, Severability If a court of competent IUrlsdlctlon finds any proVISion of this Mortgage to be Illegal, invalid, or unenforceable as to any circumstance, that Ilndlng shall not make the offending provIsion Illegal, Invalid, or unenforceable as 10 any other Circumstance If feaSible, the offending provIsion shall be considered modified so that It becomes legal, valid and enlorceable If the offending prOVision cannol be so modifIed, 11 shall be considered deleted from thiS Mortgage Unless otherwise reqUired by law, the illegality, 'Invalidity, or unenforceabllity 01 any provIsion of this Mortgage shall not affect the legality, validity or enforceability 01 any other proVISion of this Mortgage Merger There shall be no merger of the Interest or estate created by thiS Mortgage wltn any otner mterest or estate In the Property at any time held by or for the benellt of Lender In any capaCity, Without the written consent of Lender Successors and Assigns. Subject to any limitations stated In this Mortgage Orl transfer of Grentor's interest, tnls Mortgage shall be bmdlng upon and Inure to Ihe benellt of the parties, their successors and assigns If ownership of the Properly becomes vested In a person other than Grantor, Lender, without notice to Granlor, may deal with Grantor's successors with reference to this Mortgage and the Indebtedness by way of forbearance or axtenslon WJthout releasing Grantor from the obligations of this Mortgage or liability under the Indebtedness Time Is of the Essence Time Is of the essence In the performance of thiS Mortgage Waive Jury All parties to this Mortgage hereby waive the rIght to any Jury trIal In any action, proceeding, or counterclaim brought by any party against any other party DEFINITIONS. The fOllowing capitalized words end terms shall have the following meanmgs when used In this Mortgage Unless speClllcally stated to the contrary, all references to dollar amounts shall mean amounts In lawful money of the United States of America Words and terms used In the singular shall Include the plural, and the plural shall Include Ihe singular, as the context may require Words and terms not otherwise defined In this Mortgaga shall have the meanings allrlbuted to such terms In the UOIform Commercial Code Borrower The word "Borrower' means Harold Court Townhomes, LLC and mcludes all co-signers and co-makers signing the Note Default The word "Default. means the Default set forth in this Mortgage In the section tilled "Default" EnvIronmental Laws The words "Environmental Laws" mean any and all state, federal and local statutes, regulations and ordinances relating (0 the protection of human health or the environment, Including Without limitation the Comprehensive EnVironmental Response, Compensallon, and Liability Act of 1960, es amended, 42 US C SecMn 9601, et seq ('CERCLA"), the Superfund Amendrnenls and Reauthorization Act of 1966, Pub l No 99-499 ('SARA'}, the Hazardous Materials Transportation Act, 49 US C SecUon 1601, et seq, the Resource Conservation and Recovery Acl, 42 use Section 6901, et seq , or other applicable state or federal laws, rules, or regulations adopted pursuant thereto Event 01 Default The words "Event of Default' mean any of the events of defaull set forth In this Mortgage In the events of default section of this Mortgage Grantor, The word "Granlor" means Harold Court Townhomes, LLC Guarantor. The word 'Guarantor" means any guarantor, surety, or accommodation party 01 any or all of Ihe Indebtedness , Guaranty The word 'Guaranty" means the guaranty from Guarantor to Lender, Including without limitation a guaranty 01 all or part of the Note Hazardous Substances The words "Hazardous Substances" mean materials thai, because of their quantity, concentration or physical, chemical or InfectiOUs characteristiCs, may cause or pose a present or potential hazard to human health or the environment when improperly d used, treated, slored, disposed of, generated, manufactured, transported or otherwise handled The words "Hazardous Substances' are/~ , 'l 2:" ~-;C---=- P\1~\"\ALS Loan No: 8037010983.00001 MORTGAGE (Continued) Page 6 used In their very broadest sense and Include without limitation any and all hazardous or toxic substances, materials or waste as defmed by or listed under the Environmental laws The term "Hazardous Substances" also Includes, without limitation, petroleum and petroleum by-products or any fraction thereof and asbestos Improvemenls The word "Improvements" means all eXisting and future Improvements, bulldlngs, structures, mobile homes affixed on the Real Property, faCIlities, additions, replacements and other construction on the Real Property Indebtedness. The word "Indebtedness' means all prlnc1pal. Interest, and other amounts, costs and expenses payable under the Note or Related Documents, together With all renewals of, extensIons of, modlflcallons of, consolidations of and substitutions for the Note or Related Documents and any amounts expended or advanced by lender to discharge Grantor's obligations or expenses Incurred by lender to enforce Grantor's obligations under this Mortgage, together With Interest on such amounts as proVided tn thiS Mortgage SpeCifically, Without limItation, Indebledness Includes the future advances set forth In the Future Advances prOVision of thiS Mortgage, together With all Interest thereon Lender The word "lender" means COLONIAL BANK, N A, Its successors and assigns Mortgage. The word "Mortgage" means this Mortgage between Grantor and Lender Note The word "Note" means the promissory note dated June 2,2004, in the original prmclpal amount of $425,000.00 from Grantor to lender, together with all renewals of, extensions of, modifications of, rehnanclngs of, consolidations of, and substllutlons for the promissory note or agreement NOTICE TO GRANTOR THE NOTE CONTAINS A VARIABLE INTEREST RATE Personal Property The words "Personal Property" mean all equipment, fixtures, and other articles of personal property now or hereafter owned by Grantor, and now or hereafter attached or affIxed to the Real Property, together With all accessions, parts, and addlUons 10, all replacements of, and all substitutions for, any of such property, and together with all proceeds (Including without limitation all Insurance proceeds and refunds of premiums) from any sale or other dIspOS!l)on 01 the Property Property The word "Properly" means collectIVely the Real Property and the Personal Property Real Property. The words "Real Property" mean the real property, Interests and rights, as further deSCribed In thiS Mortgage Related Documents The words .Related Documents" mean all promissory notes, credit agreements, loan egreements, environmental agreements, guaranlles, security agreements, mortgages, deeds oltrusl, secunty deeds, collateral mortgages, and all other Instruments, agreements and documents, whether now or hereafter existing, executed In connection with the Indebtedness Rents The word "Rents. means all present and future rents, revenues, Income, Issues, royallfes, profits, and other benefits derived from the Properly GRANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS MORTGAGE, AND GRANTOR AGREES TO ITS TERMS GRANTOA 1 . / HAR:~,~ C~OU~~;~N~~~~S' LLC 'A "'~~'" ~ ~........ ^ ....-.I~~~ ~ ,... >>~.Mt*"-" ~ ........f"... ~ By ._~~ , ',~>~L/ "4.=:,,::;~ fines P Landers, Manager of Harold Court Townhomes, LLC WITt.lES4S, 0 ~ ~ X ~L- C... ~l..~c)LL-E L. ' , - '~:;-'~ ( ') ,1 .t! ~~I'..:.... X .z.l~",- '<IL <-_>, I C:::''l--- U , ~ ) LIMITED LIABILITY COMPANY ACKNOWLEDGMENT STATE OF F l.r....~(.~\ ~l ~le'J. ) ) ss ) COUNTY OF The foregoing Instrument was acknowledge(1 before me this "2 l"J day 01 j l~ ,20 0 1 by James F Landers, Manager of Harold Court Townhomes, LLC, membp (or agent), on b.ehalf of Harold Court Townhomes, LLC, a IImlfed Habrllly company He or she Is personally known to me or has produced \... \).~~ "-Ll.t.......U as IdenllflcatIon and did I did not take an oath JJLc ~~UlCJ.:b (Signature of Person Taking Acknowledgment) JOHN G!ACOLEj {Name of Acknowledger Typed, Printed or Stamped) (TtI ,,'" 1 I e _0$' < John C Glocolelll ~~ ::j MYCOMMISSkJN# Dc" 'il EXPIRES (Serla~'WI~r If .....,~E\ITu.., ' !t rjj~~~ I ~ PfMIJ'fROrfAlN 1'\.~I"..~,)~Ci.lNc LASER PRO """'n; v., I.a to <<IS CaDI I-I..rl;md ~ BdutJc- -\nI:I IItt7 ~ All RIohtl! F1NItJVId F1. clWP8\c.AU..Pt,.\On FO TR-l ~ ;P~ 7 , , , ' . , '- '- , ,-' , - ~ , ~~ i~ - ..... )lJ , ~ " - ) -' , :;5"-'::: '\ ~ -< '.' ~.: l~., - - ~ -'"!1- - . ~C " ~ -. >' . " , EXHIBIT "A" PARCEL 1: Lots 7 and 8, MARSHALL & BRANDON'S SUBDIVISION, according to map Of plat thereof recorded in Plat Book 1, Page 27, public records of Pinellas County, Florida PARCEL 2: The East 40 feet of Lot 9, MARSHALL & BRANDON'S SUBDIVISION, according to map or plat thereof recorded in Plat Book 1, Page 27, public records of Pinellas County, Florida i:l. PARCEL 3: The West 20 feet of Lot 9, and the East 20 feet of Lot 10, MARSHALL & BRANDON'S SUBDIVISION, according to map or plat thereof recorded in Plat Book 1, Page 27, public records of Pine lias County, Florida PARCEL 4: Lot 10, Block 20, MAGNOLIA PARK, according to map or plat thereof recorded in Plat Book 3, Page 43, public records of PineIlas County, Florida PROPERTY ADDRESS: 610 HAROLD COURT, CLEARW A TER, FLORIDA 33756 LIMITED LIABILITY COMf'ANY RESOLUTION TO BOR~....tIW I GRANT 'COLLATERAL , :P'rfnQlpal '~Q.n,Oat~ , S 000,00" ,', O$..02~2004 Mtltl.uity 07~03;'2006 " " Loan No ' ' CillI ( Cpl~,; i :Ac-Q9Un~ ' , " Company: Haro]d Court TownhomeB, LtC 13014 North Dale Mabry, Hwy" Suite 356 Tampa, FL 33618 Lender: COLONIAL BANK, N A Corporate Lending 400 N Tampa Street Tampa, FL 33602 I, THE UNDERSIGNED, DO HEREBY CERTIFY THAT THE COMPANY'S EXISTENCE. The complete and correct name of the Company IS Harold Court Townhomes, LLC ("Company") The Company Is a limited liability company which IS, and al all times shall be, duly organized, validly eXisting, and In good standing under and by virtue 01 the laws of the State of Florida The Company Is duly authorIzed to transact business In all other slates In which Ihe Company Is doing business, having obtaIned all necessary filings, govemmentalllcenses and approvals for each state In which the Company Is doing business Specifically, the Company Is, and at all times shall be, duly qualified as a foreign limIted liability company In all stales In which the failure to so qualify would have a material adverse effect on ItS bUSiness or financial condition The Company has the full power and authority to own Its properties and to transact the business In which It Is presently engaged or presently proposes to engage The Company malnlalns an office at 13014 North Dale Mabry, Hwy, SUite 356, Tampa, FL 33618 Unless the Company has designated otherwise In wntlng, the pnnclpal office 15 the office at which the Company keeps ItS books and records The Company Will notify Lender pnor to any change In the location of the Company's state of organization or any change In the Company's name The Company shall do aU things necessary to preserve and to keep ]n full force and effect ItS existence, rights and privileges, and shall comply with all regulat]ons, rules, ordinances, statutes, orders and decrees of any govemmental or quasi-governmental authority or court applicable to the Company and the Company's business actlvlt1es RESOLUTIONS ADOPTED At a meeting of the members of the Company, duly called and held on June 2,2004, at which a quorum was present and voting, or by other duly authorized action In lieu of a meeting, the resolutions sel forth In this Resolution were adopted MANAGER The follOWing named person Is a manager of Harold Court Townhomas, LLC ~ /' NAMES TITLE.Q AUTHORIZED ,~~TUAL SIGNATURES <<.. -!--;.o~ 91 ........ -;, ::-/ ~ <<; -9f.} 4.... ..-8~ Uy"......{.-"X- James F, Landers Manager Y ,--*~ ~ " ~ ' ,< " '" ,,/ ACTIONS AUTHORIZED, The authOrized parson listed above may enter lit~ any agr~~~nts of any nature with Lender, and those agreements will bind the Company Specifically, but wlthoulllmltatlon, the authorized persoh Is authorized, empowered, and directed to do the following for and on behalf of the Company ~-- Borrow Money To borrow, as a cosigner or othelWlse, from time to Ume from Lender, on such terms as may be agreed upon between the Company and Lender, such sum or sums 01 money as In hiS or her Judgment should be borrowed, without limitation Execute Notes To execute and deliver to Lender the promissory note or noles, or other eVidence of the Company's credit accommodations, on Lender's forms, at such rates of Interest and on such terms as may be agreed upon, evidencing the sums of money so borrowed or any of the Company's Indebtedness to Lender, and also to execute and deliver to Lender one or more renewals, extensions, modlflcallons, reflnanclngs, consolidations, or substitutions for one or more of the notes, any portion of the notes, or any other evidence of credit accommodatJons Granl Security. To mortgage, pledge, transfer, endorse, hypothecate, or otherwise encumber and deliver to Lender any property n9w or hereafter belonging to the Company or In which the Company now or hereafter may have an Interest, Including without IImltallon all (., the Company's real property and all of the Company's personal property (tangible or Intangible), as security for the payment of any loans or credit accommodations so obtained, any promissory notes so executed (Including any amendments to or modifications, renewals, and extensions of such promISsory notes), or any other or further Indebtedness of the Company to Lender at any time owing, however the same may be evidenced Such property may be mortgaged, pledged, transferred, endorsed, hypothecated or encumbered at the time such loans are obtained or such Indebtedness ]s Incurred, or at any other time or limes, and may be either In addlllon to or In lieu of any property theretofore mortgaged, pledged, transferred, endorsed, hypothecated or encumbered Execute SecurIty Documents To execute and deliver to Lender the forms of mortgage, deed of trust, pledge agreement, hypothecallon agreement, and other security agreements and finanCing statements which Lender may require and which shall evidence the lerms and conditions under and pursuant to which such liens and encumbrances, or any of them, are given, and also to execute and dellvElr to lender any other written Instruments, any chattel paper, or any other collateral, of any kind or nature, which Lender may deem necessary or proper ]n connection With or pertaining to the giVing of the liens and encumbrances Negotiate lIems, To draw, endorse, and discount wllh lender all drafts, trade acceptances, promissory notes, or other evidences of Indebtedness payable to or belonging bl the Company or In which the Company may have an Interest, and either to receive cash for the same or to cause such proceeds to be credited to the Company's account With Lender, or to cause such other dispoSItion of the proceeds denved therefrom as he or she may deem advisable Further Acts. In the case of lines of credit, to designate additional or altemate Individuals as being authorized to request advances under such lines, and In all cases, to do and perform such other acls and things, to pay any and all fees and costs, and to execute and deliver such other documents and agreements, IncludIng agreements walv]ng the right to a trial by Jury, as the manager may In his or her discretion deem reasonably necessary or proper In order to carry Into effect the proVisions of this Resolullon ASSUMED BUSINESS NAMES The Company has filed or recorded all documents or filings required by law relating to all assumed bUSiness names used by the Company Excluding the name of the Company, the following IS a complete list of all assumed bUSiness names under which Ihe Company does business None NOTICES TO lENDER. The Company wlU promptly nolify Lender In writing at Lender's address shown above (or such other addresses as Lender may deSignate from time to time) prior to any (A) change In the Company's name, (B) change In the Company's assumed business name(s), (C) change In the management or In the Managers of the Company, (D) change In the authorized slgner(s), (E) change In the Company's prinCipal office address, (F) change In the Company's slate of organization, (G) conversion of the Company to a new or dlfferel1~ type of busln~ss entity, or (H) change In any other aspact of the Company that dlreclly or Indlreclly relates to any egreements betwean the Company and Lender No change In the Company's name or state of organization wllltak6 effect until attar Lender has received notice CERTIFICATION CONCERNING MANAGERS AND RESOLUTIONS The manager named above Is duly elected, apPOinted, or employed by or for the Company, as the case may be, and occupies the position set opposite his or her respective name This Resolution now stands of record on the books of the Company, Is In full force and effect, and hes not been modified or revoked In any manner whalsoever CONTINUING VALIDITY, Any and all acts authOrized pursuanllo this Resolution and performed prior to the passage of this Resolullon are hereby ratified and approved ThiS Resolution shall be continUing, shall remain In full lorce and effect and Lender may rely on It until written notice of lls revocatlon shall have been delivered to and received by lender at Lender's address shown above (or such addresses as Lender may designate from time to time) Any such notice shall not affect any of the Company's agreements or commitments In effect at the time notice Is given IN TESTIMONY WHEREOF, I have hereunto set my hand and attest that the sIgnature set opposite the name listed above ]s his or her genuine signature I have read all the provIsions 01 this Resolution, and I personally and on behalf of the Company certify that aU statements and representatIons made In this Resolution are true and correct. ThIS LimIted Liability Company Resolutlon to Borrow f Grant Collateral Is dated June 2, 2004 CERTIFIED TO AND ATTESTED BY -,'/ ~,/ k.-&:<<2_ JUl$.~ " ',:,~ ... oF X ~...~~"; -.-" 1"*-- .-.. ~'~; // James Lan ers, Manager 0 L___--~ Town omes, LLC (&~ t% ~~~ Harold Court , , LIMITED LIABILITY COMPANY RESOLUTION TO BORROW I GRANT COLLATERAL Loan No. 6037010963-00001 (Continued) Page 2 NOTE If tha mana~e' elgnlng this AasoluUon Is daslgnated by lhe IO'e<;lolng document as one oltha menagars eull10Med 10 eol on Ihe Company a behelf It Is edYlseblslo hsys thle Aa.olullon s I gne d by al leesl one non authorized manag e' of Ih a Company I..}.S:En PACllehdIng- Vifi 1lIl!2..1D DO:!lI eupr .....rlllml Fln1nr1al S<11U1Icr1R II'Ml" 161;i!(:(1~ All Fb;I:It1l F\!!d'i!II"\rM n. d\APFS'!.CfI\lPl\C15 Fe fR IUI PFl-7 1 PROMISSORY NOTE . " ~rh\t:lpp'I;, "" ,\,.'Q(J;n';l);ejte"" Matuttty,;, , ':t..oarf' No " ^\, Ceil f(::QIJ ,', ,'~, "A~o(m~,: ,~ Nt$425 000, Cf i "Qv~Q2~2004,,, d7:03~2006;;' o.3iol,0983~00001 ;~ "';'1" ,":~ N'" Hi', References In the shaded area are lor Lender's use only and do notllmJt the applicability of this document to any particular loan or !tern Any Item above containing ..... has beeD omitted due to text length limitations Jnitl~h,\' , rlf' "1" HNr^/~\ JJ J} }.. Borrower Harold Court Townhomes, LLC /:? Len der- 13014 North Dale Mabry, Hwy., Suite 356 ~ / - Tampa, FL 33618 .r-~--~.- / ,-/lNIlIALS //- COLONIAL BANK, N A Corporate Lending 400 N Tampa Street Tampa, FL 33602 Principal Amount- $425,00000 Initial Rate' 4500% Date of Note: ~June 2, 2004 PROMISE TO PAY Harold Court Townhomes, LLC ("Borrower") promises to pay to COLONIAL BANK, N A. ("Lender"), or order, In lawful money of the United States of America, the principal amount 01 Four Hundred Twenty.flve Thousand & 00/100 Dollars ($425,00000), together with Interest on the unpaId principal balance Irom June 2, 2004, unlll paid in full PAYMENT Borrower will pay this loan In one prIncipal payment 01 $425,00000 plus Interest on July 3, 2006 This payment due on July 3, 2006. wlll be for all princIpal and all accrued Interest not yet paid In addition, Borrower will pay regular monthly payments of all accrued unpaid Interest due as of each payment date, beginning July 3,2004, with all subsequent Interest payments to be due on the same day 01 each month after that Unless otherwise agreed or requIred by applicable law, payments will be applied first to any accrued unpaid Interesl, then to principal, then to any unpaid collection costs, and then to any late charges The annual Interest rate for this Note Is computed on a 365/360 basIs, that Is, by applying the ratio of the annual Interest rate over a year of 360 days, multiplied by the outstanding principal balance, multiplied by the actual number of days the prIncIpal balance Is oulstandlng Borrower will pay Lender at Lender's address shown above or at such other place as Lender may designate In writing VARIABLE INTEREST RATE The Interest rate on this Note Is subject to change from time to time basad on changes In an Index which Is the Colonial Bank, N A 's Base Rate (the "Index') Base Rate Lender Will tell Borrower the current Index rate upon Borrower's request The Interest rate change Will not occur more often Ihan each day Borrower understands that Lender may make loans based on other rates as well The Index currently Is 4 000% per annum The Interest rate to be applied to the unpaid principal balance of this Note will be at a rate of 0 500 percenlage points over the Index, resulUng In an InlUal rate of 4 500% per annum NOTICE Under no circumstances will the eRective rate of Interest on thiS Note be more than the maxlmum rate allowed by applJcable law PREPAYMENT Borrower agrees that all loan fees and other prepaid finance charges are earned fully as of the date of the loan and Will not be subject to refund upon early payment (whether voluntary or as a result of delault), except as otherwise required by law Except for the foregoing, Borrower may pay wllhout penalty all or a portion of the amount owed earlier than It Is due Early payments Will nOI, unless agreed to by Lendar In writing, relieve Borrower of Borrower's obligation to continue to make payments under the payment schedule Rather, early payments wlll reduce the pnnclpal balance due Borrower agrees not to send Lender payments marked "paid In full", "without recourse', or Similar language If Borrower sends such a payment, Lender may accept It wlthoulloslng any of Lender's rights under thiS Note, and Borrower wIll remain obligated to pay any further amounl owed 10 Lender All written communications concerning disputed amounts, including any check or other payment Instrument that Indicates that the payment conslltutes 'payment In lull' 01 the amount owed or that Is tendered with other conditions or limItations or as lull sallsfacllon of a dIsputed amount must bemalledordeliveredtoCOLONIALBANK.N A, Corporate Lending, 400 N Tampa Street, Tampa, FL 33602 LATE CHARGE If a payment Is 9 days or more late, Borrower Will be charged 5000% of the unpaid portion of the regularly scheduled payment INTEREST AFTER DEFAULT Upon defaull, Including tallure to pay upon Ilnal matunty, Lender, at Its opUon, may, If permItted under applicable law, Increase the variable Interest rate on this Nole to 18000% per annum, If and to the extent that the Increase does not cause the Interest rale to exceed the maximum rate permItted by applicable law DEFAULT Each of the following shall constitute an event of default ("Event of Defaull") under this Note ~< Payment Default Borrower lalls to make any payment when due under this Note Other Defaults. Borrower falls to comply with or to perform any other term, obligation, covenant or condition contained In thiS Note or In any 01 the related documents or to comply With or to perform any term, obligation, covenant or condition contained In any other agreement between Lender and Borrower Default in Favor of Third Parties. Borrower or any Grantor defaults under any loan, extension of credit, security agreement, purchase or sales agreement, or any other agreement, In favor 01 any other creditor or person that may materially allect any of Borrower's property or Borrower's ability to repay thiS Note or perform Borrower's obligations under this Note or any of the related documents False Statements Any warranty, representatJon or statement made or lurnlshed to Lender by Borrower or on Borrower's behalf under this Note or the related documents Is false or mIsleading In any matenal respect, either now or at the time made or furnished or becomes false or misleading at any time thereafter Death or Insolvency The dissolution of Borrower (regardless of whether elecllon to conlfnue IS made), any member wtlhdraws from Borrower, or any other termination of Borrower's exl<;tence as a gOing bUSiness or the death of any member, the Insolvency 01 Borrower, the appointment of a rece1ver lor any part 01 Borrower's property, any assignment for the benefit of creditors, any type of creditor workout, or the commencement of any proceeding under any bankruptcy or Insolvency laws by or against Borrower Creditor or Forfellure Proceedings Commencement 01 foreclosure or forfeiture proceedings, whether by judiCial proceeding, self. help, repossession or any other method, by any creditor of Borrower or by any governmental agency against any collateral securing the loan this Includes a garnishment of any 01 Borrower's accounts. Including depoSit accounts, with Lender However, thiS Event of Default shall not apply If there Is a good faith dispute by Borrower as to the validity or reesonableness of the claim which Is the basis of the creditor or forfeiture proceeding and If Borrower gives Lender written notice of the creditor or forfeiture proceeding and depos1ts With Lender momes or a surety bond for the creditor or forfeiture proceeding, In an amount determined by Lender, In Its sole discretion, as being an adequate reserve or bond for the dispute Events Affecting Guarantor. Any 01 the preceding events occurs with respect to any Guaranlor of any 01 the Indebtedness or any Guarantor dIes or becomes Incompetent, or revokes or disputes the validity of, or liability under, any guaranty of the Indebtedness eVidenced by thIs Note In the event of a death, Lender, at Its option, may, but shall not be required to, permll the Guarantor's estate to assuma unconditionally the obligations ariSing under the guaranly In a manner satisfactory to Lender, and, In doing so, cure any Event of Default Adverse Change. A material adverse change occurs In Borrower'S' financial condition, or Lender believes, t.he prospect 01 payment or performance of this Note Is Impaired Insecurity Lender In good faith believes Itself Insecure Cure Provisions If any defaull, other than a default In payment Is curable and If Borrower has not been given a notice 01 a breach of the same provision 01 this Note wlthm the preceding twelve (12) months, It may be cured (and no event of default Will have occurred) If Borrower, atter receiving written noHce from lender demanding cure of such defaull (1) cures the default within fifteen (15) days, or (2) If the cure requires more than Ilfteen (15) days, !mmedlately Imtlates steps which Lender deems In Lender's sole discretion to be suffiCient to cure the defaull and thereafter continues and completes all/easonable and necessary steps suffiCient to produce compliance as soon as reasonably practical LENDER'S RIGHTS. Upon default, Lender may declare the entire unpaid pnnClpal balance on this Note and all accrued unpaid Interest Immediately due, and then Borrower will pay that amount ATTORNEYS' FEES, EXPENSES. Lender mey hire or pay someone else to help collect this Note If Borrower does not pay Borrower Will pay Lender ) the amount of these costs and expenses, which Includes, subject 10 any limIts under applicable law, Lender's reasonable attorneys' fees and Lender's legal expenses whether or not there Is a lewsuJl, Including reasonable attorneys' fees and lega! expenses for bankruptcy proceedings (Including efforts to modify or vacale any automatic stay or Injunction), and appeals If not prohibited by applicable law, Borrower also will pay any court costs, In addltlOll to all other sums prOVided by law JURY WAIVER Lender and Borrower hereby waIve the right to any Jury trial In any action, proceeding, or counterclaim brought by eIther Lender or Borrower against the other GOVERNING LAW this Note will be governed by, construed and enlorced In accordance with federal law and the laws of the State of Florida this Note has been accepted by Lender In the Slate of Florida DISHONORED ITEM FEE Borrower will pay a lee to Lender of $2900 If Borrower makes a payment on Borrower's loan and the check or preauthorlzed charge w(th which Borrower pays IS later dishonored RIGHT OF SETOFF To the extent permitted by applicable law, Lender reserves a right of setoff In all Borrower's accounts With Lender (whether checking, savings, or some other account) ThiS Includes all accounts Borrower holds Jointly with someone else and all accounts Borrower may open In the future However, this does not Includa any IRA or Keogh accounts, or any trust accounts for which setoff would be prohibIted by law Borrower Loan No' 8037010983-00001 PROMISSORY NOTE (Continued) Page 2 authorizes Lender, to the extent permitted by applicable law, 10 charge or setoff all sums owing on the Indebtedness against any and all such accounts COLLATERAL Borrower aCknowledges thiS Note Is secured by real property located In PlIlellas County, State of Florida as more fully described in a Mortgage of even date COVENANTS Borrower agrees to provide Lender with annual tax returns of Borrower, Guarantors and Guarantor affiliates, and annual personal financial statements with certifications of Guarantors on an annual basis SUCCESSOR INTERESTS The terms of tills Note shaH be binding upon Borrower, and upon Borrower's heirs, personal representatives, successors~ and assigns, and shall Inure to the benellt of lender and Its successors and aSSigns NOTIFY US OF INACCURATE INFORMATION WE REPORT TO CONSUMER REPORTING AGENCIES. Please notify us II we report any Inaccurate InformatlOn about your account(s) to a consumer repor1l1lg agancy Your written notice describing the speclllC Inaccuracy(les) should be sent to us al the lollowlng address COLONIAL BANK, N A, Corporate Lending, 400 N Tampa Street, Tampa, FL 33602 GENERAL PROVISIONS If any part of this Note cannot be enlorced, this fact Will not allect the rest 01 the Note Borrower does not agree or IIltend to pay, and lender does not agree or Intend to contract lor, charge, collect, take, reserve or receive (collectively referred to herein as 'charge or collect"), any amounlln the nature of Interest or In the nature of a lee lor thiS loan, which would In any way or event (Including demand, prepayment, or acceleration) cause Lender to charge or collect more for this loan than the maximum Lender would be permitted to charge or collect by lederal law or the law of the State of Florida (as applicable) Any such excess Interest or unauthorized lee shall, Instead 01 anything stated to the contrary, be applied first to reduce the prinCipal balance 01 thiS loan, and when the prinCipal has been paid In lull, be refunded to Borrower lender may delay or largo enforcIng any ollls rights or remedies under this Note without losing them Borrower arid any other person who signs, guarantees or endorses this Note, to the extent allowed by law, waive presentment, demand for payment, and notloe of dishonor Upon any change InJhe terms of this Note, and unless otherwise expressly stated In wrIting, no party who signs thiS Note, whether as maker, guarantor, acoommodatlon maker or endorser, shall be released from liability All such parties agree that Lender may renew or extend (repeatedly and for any length 01 time) this loan or release any party or guarantor or collateral, or Impair, lallto realize upon or perfect Lender's security Interest In the collateral, and take any other action deemed neces'sary- by lender Without the consent 01 or notice to anyone All such parties also agree that lender may modify this loan wllhoutthe consent 01 or notloe to anyone other than the party With whom the modlllcatlon IS made The obligations under this Nole are joint and several PRIOR TO SIGNING THIS NOTE, BORROWER READ AND UNDERSTOOD All THE PROVISIONS OF THIS NOTE, INCLUDING THE VARIABLE INTEREST RATE PROVISIONS BORROWER AGREES TO THE TERMS OF THE NOTE BORROWER ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS PROMISSORY NOTE BORROWER HAROLD COURT..~WNHOMES, LLC ...::-" ....::.._~~ ,'> A'~"- ...~ ...er>>~r:... ~ ~..:-..'>> }.}~-:."~.,., ~",,~""'~d" ~ Ja~ F. Landers, Manager 01 Harold Court TpV.<nhomes, LLC ...- ."- Florida Documentary Stamp Tax Florida documentary stamp tax In the amount required by law has been paid with respect to this Note Mortgage securIng thiS Note. t on the lAS.cR Me ~ Vw 1.22 ,0.'005 ~ HarlU1d~~ IIIC,'I 1P5i1i.2[lO.t '" FnVtI. FhhfVod. FL. d'IAPPSWFIU..pmnOfC TR-Im Pit1 ~ ~OMMERCIAL GUARANTY fin~fpQI' Loan Pate , , 'Maturity , ~QalJ NQ , ,i C\!l111 (:~1I, Account M '.M.'J.w.y,~~\\\ .F .. f' r f~ ,.... f ,.. '.\J }~}} J )}J II{~ ,.. w'J IJ ffrr~\ Borrower. Harold Court Townhomes, LL C 13014 North Dale Mabry, Hwy, Suite 356 Tampa, FL 33618 Lender: COLONIAL BANK, N A Corporate Lending 400 N Tampa Streel Tampa, Fl 33602 Guarantor. Daniel R, Sefalr 5100 Burchette Road, Unit 2204 Tampa, FL 33647 V-~F ~"'''''_~~LL.~ J,I\J' T1Al S AMOUNT OF GUARANTY. The amount of this Guaranty Is Unlimited CONTINUING UNLIMITED GUARANTY For good and valuable consideration, Daniel R Sefalr ("Guaranlor") absolutely and unconditionally guarantees and promises to pay to COLONIAL BANK, N A ("Lender") or Its order, in legal tender of the United States of AmerIca, the Indebtedness (as that term Is defined below) of Harold Court Townhomes, llC ("Borrower") to Lender on the terms and conditions set forth In this Guaranty Under this Guaranty, the liability of Guarantor Is unlimited and the obligations of Guarantor are contInuing INDEBTEDNESS GUARANTEED The IndE'btedness guaranteed by this Guaranty Includes any and all of Borrower's Indebtedness to Lender and Is used In the most comprehenSive sense and means and Includes any and all of Borrower's liabilities, obligations and debts to Lender, now exlsllng or hereinafter Incurred or created, Including, Without limitation, all loans, advances, Interest, costs, debts, overdraft Indebtedness, credit card Indebtedness, lease obligations, other obllgallons, and liabilities of Borrower, or any or them, and any present or future judgments against Borrower, or any of them, and whether any such Indebtedness Is voluntanly or Involuntanly Incurred, due or not due, absolute or contingent, liquidated or unliqUidated, determined or undetermined, whether Borrower may be liable Individually or 10lntly WIth others, or pnmanly or secondarily, or as guarantor or surety, whether recovery on the Indebtedness may be or may become barred or unenforceable against Borrower for any reason whatsoever, and whether the Indebtedness anses from transactions which may be VOidable on account of Infancy, Insanity, ultra VIres, or otherwise DURATION OF GUARANTY ThiS Guaranty will take effect when received by Lender Without the necessity of any acceptance by Lender, or any notice to Guarantor or to Borrower, and will continue In full force until all Indebtedness Incurred or contracted before receipt by Lender of any notice 01 revocation shall have been fully and finally paid and satisfied and all 01 Guarantor's other obligations under this Guaranty shall have been performed In full If Guarantor elects to revoke thiS Guaranty, Guarantor may only do so In writing Guarantor's written notice of revocation must be mailed to lender, by certllled mail, at Lender's address listed above or such other place as Lender may deSignate In writing Wntten revocation of this Guaranty Will apply only to advances or new Indebtedness created after actual receipt by Lender of Guarantor's wntten revocation For this purpose and WithOUt limitation, the term "new Indebtedness" does not Include Indebtedness which at the time of notice of revocation IS contingent, unliqUidated, undetermined or not due and which later becomes absolute, liquidated, determined or due This Guaranty Will continue to bind Guarantor for all Indebtedness Incurred by Borrower or committed by Lender prior to receipt of Guarantor's written notice of revocation, Including any extensions, renewals, substitutions or modlflcallons of the Indebtedness All renewals, extenSions, substitutions, and modifications of the Indebtedness granted after Guarantor's revocation, are contemplated under this Guaranty and, speCifICally Will not be considered to be new Indebtedness ThiS Guaranty shall bind Guarantor's estate as to Indebtedness created both before and aller Guarantor's death or Incapacity, regardless of Lender's actual notice of Guarantor's death Subject to the foregOing, Guarantor's executor or administrator or other legal representative may terminate this Guarenty In the same manner In which Guarantor might have terminated It and With the same effect Release of any other guarantor or termination of any other guaranty of the Indebtedness shall not aftert the !lability of Guarantor under this Guaranty A revocation Lender receives from anyone or more Guarantors shall not affect the liability of any remaining Guarantors under thiS Guaranty It Is anticipated that fluctuallons may occur In the aggregate amount of Indebtedness covered by this Guaranty, and Guarantor specifically acknowledges and agrees that reductions In the amount 01 Indebtedness, even to zero dollars ($0 00), prior to Guarantor's wrltten revocatIon of this Guaranty shall not constitute a termmatlon of thts Guaranty This Guaranty Is binding upon Guarantor and Guarantor's heirs, successors and assIgns so long as any of the guaranteed Indebtedness remains unpaid and even though the Indebtedness guaranteed may from lime to Ume be zero dollars ($0 00) GUARANTOR'S AUTHORIZATION TO LENDER Guarantor authom::es Lender, either before or after any revocation hereof, without notice or demand and without lessenIng Guarantor's liability under this Guaranty, from time to time (A) prior to revocation as set forth above, to make one or more additional secured or unsecured loans to Borrower, to lease equipment or other goods to Borrower, or otherwise to extend additional credit to Borrower, (B) to alter, compromise, renew, extend, accelerate, or otherwise change one or more times the time for payment or other terms 01 the Indebtedness or any part of the Indebtedness, Including Increases and decreases of the rate of Interest on the Indebtedness, extensions may be repeated and may be for longer than the onglnalloan term, (C) to take and hold security for the payment of thiS Guaranty or the Indebtedness, and exchange, enforce, waive, subordinate, fall or deCide not to perfect, and release any such seCUrity, With or WIthOUt the substitution of new collateral, (O) to release, substitute, agree not to sue, or deal With anyone or more of Borrower's sureties, endorsers, or other guarantors on any terms or In any manner Lender may choose, (E) to determine how, when and what application of payments and credits shall be made on the Indebtedness (F) to apply such secunty and direct the order or manner of sale thereof, Including Without limitation, any nonjudicial sale permitted by the terms of the controlling security agreement or deed of trust, as Lender In Its discretion may determine, (G) to sell, transfer, assign or grant partiCipations In all or any part of the Indebtedness, and (H) to assign or transfer this Guaranty In whole or In part ' GUARANTOA'S AEPAESENTATIONS AND WARRANTIES Guarantor represents and warrants to Lender that (A) no representations or agreements 01 any kind have been made to Guarantor which would limit or qualify In any way the terms of this Guaranty, (B) this Guaranty Is executed at Borrower's request and not at the request of Lender, (e) Guarantor has full power, nght and authonty to enter mto thiS Guaranty, (0) the provisions of this Guaranty do not conflict With or result In a default under any agreement or other Instrument binding upon Guarantor and do not result In a Violation of any law, regulation, court decree or order applicable to Guarantor, (E) Guarantor has not and Will not, Without the prior written consent of Lender, sell, lease, assign, encumber, hypothecate, transfer, or otherwise dispose of all or substantially all of Guarantor's assets, or any Interest therein, (F) upon Lender's request, Guarantor will prOVide to Lender financial and credit Information In form acceptable to Lender, and all such financial Information which currently has been, and all future financial Information which Will be proVided to Lender IS and Will be true and correcl In all material respects and fairly present Guarantor's finanCial condition as of the dates the Ilnanclallnformatlon IS prOVided, (G) no material adverse change has occurred In Guarantor's financial condlllon since the date of the most recent finanCial statements proVided to Lender and no event has occurred which may materially adversely affect Guarantor's finanCial condition, (H) no litigation, claim, Investigation, administrative proceeding or similar action (Including those for unpaid taxes) against Guarantor Is pending or threatened, (I) Lender has made no representation to Guarantor as to the creditworthiness of Borrower, and (J) Guarantor has established adequate, means of obtaining from Borrower on a continUing baSIS Information regarding Borrower's financial condition Guarantor agrees to keep adequately Informed lrom such means of any facts, events, or circumstances which might In any way affect Guarantor's risks under thiS Guaranty, and Guarantor further agrees Ihat, absenl a request for Information, Lender shall have no obligation to disclose to Guarantor any Informallon or documents acquired by Lender In the course of Its relationship With Borrower GUARANTOR'S WAIVERS Except as prohibited by applicable law, Guarantor waives any right to reqUIre Lender (A) to continue lending money or to extend other credit to Borrower, (B) to mal(e any presentment, protest, demand, or nollce of any kind, Including notice of any nonpayment of the Indebtedness or of any nonpayment related to any collateral, or notice of any action or nonactlon on the part 01 Borrower, Lender, any surety, endorser, or other guarantor in connecllon with the Indebtedness or In connection With the creal10n of new or additional loans or obligations, (C) to resort for payment or to proceed directly or at once against any person, Including Borrower or any other guarantor, (0) to proceed dlreclly against or exhaust any collateral held by Lender from Borrower, any other guarantor, or any other person, (E) to pursue any other remedy Within Lender's power, or (F) to commit any act or omiSSion of any kind, or et any lime, with respect to any matter whatsoever Guarantor also waives any and all nghts or defenses ariSing by reason of (A) any "one action' or "antl"deflclency" law or any other law which may prevent Lender from bringing any action, Including a claim for deficiency, against Guarantor, before or after Lender's commencement or completion of any foreclosure action, either JudiCially or by exercise of a power of sale, (B) any election of remedies by Lender which destroys or otherwise adversely aHects Guarantor's subrogation rights or Guarantor's rights to proceed against Borrower lor reimbursement, Including Without limitation, any loss of rights Guarantor may suHer by reason of any law limiting, qualifying, or discharging the Indebtedness, (C) any disability or other defense of Borrower, of any other guarantor, or of any other person, or by reason of the cessation ot Borrower's liability from any cause whatsoever, other than payment In full In legal lender, of the Indebtedness, (0) any nght to claim discharge of the Indebtedness on the basis of unjustified Impairment of any collateral for the Indebtedness, (E) any statute ot limitations, If at any time any action or suit brought by Lender against Guarantor Is commenced, there Is outstanding Indebtedness of Borrower to lender which Is not barred by any applicable statute of limitations, or (F) any defenses given to guarantors at law or In equity other than actual paymant and performance of the Indebtedness If payment Is made by Borrower, whether voluntarrly or otherwise, or by any third party, on the Indebtedness and thereafter Lender Is forced to remit the amount of that payment to Borrower's trustee In bankruptcy or to any similar person under any federal or state bankruptcy law or law for the relief of debtors, the Indebtedness shall be considered unpaid for the purpose of the enforcement of thiS Guaranty Guarantor lurther waives and agrees not to assert or claim at any time any deductions to the amount guaranteed under this Guaranty tor any claim of setoff, counterclaim, counter demand, recoupment or similar right, whether such claim, demand or nght may be asserted by the Borrower, the Guarantor, or both Loan No: 8037010983-00001 lMMERCIAL GUARANTY (Continued) Page 2 GUARANTOR'S UNDERSTANDING WITH RESPECT TO WAIVERS Guarantor warrants and agrees that each of the waivers set forth above IS made with Guaranlor's full knowledge 01 Its significance and consequences and that, under the circumstances, the waivers are reasonable and not contrary to publiC policy or law If any such waiver Is determined to be contrary 10 any applicable law.or public policy, such waiver shall be effective only to the extent permitted by law or public poliCY SUBORDINATION OF BORROWER'S DEBTS TO GUARANTOR Guarantor agrees that the Indebtedness of Borrower to Lender, whether now eXisting or 'hereafter created, shall be superior to any claim that Guarantor may now have or hereafter acqUire against Borrower, whether or not Borrower becomes Insolvent Guarantor hereby expressly subordinates any claim Guarantor may have against Borrower, upon any account whatsoever, to any claim that Lender may now or hereafter have against Borrower In the event of Insolvency and consequent liquidation of the assels of Borrower, through bankruptcy, by an assignment for the benefit of creditors, by voluntary liquidation, or otherwise, the assets of Borrower applicable to the payment of the claims of both Lender and Guarantor shall be paid to Lender and shall be first applied by Lender to the Indebtedness of Borrower to Lender Guarantor does hereby assign to Lender all claims which It may have or acquire against Borrower or against any assignee or trustee In.. bankruptcy of Borrower, provided however, that such assignment shall be effective only for the purpose of assuring to Lender full paymenlln legal lender of the Indebtedness If Lender so requests, any notes or credit agreemenls now or hereafter evidencing any debts or obligations of Borrower to Guarantor shall be marked With a legend that the same are subject to thiS Guaranty and shall be delivered to Lender Guarantor agrees, and Lender Is hereby authOrized, In'the name of Guarantor, from Ume to time to execute and file financing statements and continuation statements and 10 execute such other documents and to take such other acllons as Lender deems necessary or appropriate to perfect, preserve and enforce Its rights under this Guaranty GARNISHMENT Gyarantor consents to the Issuance of a continuing wnt of garnishment or attachment against Guarantor's disposable earnings, In accordance wllh Section 222 11, Florida Statutes, In order to satisfy, In whole or In part, any money judgmenl entered In favor of Lender MISCELLANEOUS PROVISIONS The following miscellaneous proVisions are a part of thiS Guaranty Amendments This Guaranty, together with any Related Documents, consttlutes the enllre understanding and agreement of the parties as to the matters set forth In this Guaranty No allerallon of or amendment to this Guaranty shall be effective unless given In wntlng and signed by the party or parties soughl to be charged or bound by the alterallon or amendment Attorneys' Fees, Expenses Guarantor agrees to pay upon demand ?II of Lender's costs and expenses, Including Lender's reasonable attorneys' lees and Lender's legal expenses, Incurred In connection With the enforcement 01 thiS GuarantY Lender may hire or pay someone else to help enforce this Guaranty, and Guarantor shall pay the costs and expenses of such enforcement Costs and expenses Include Lender's reasonable attorneys' fees and legal expenses whether or not there Is a lawsuit, Including reasonable attorneys' fees and legal expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or InJunction), appeals, and any anticipated post-Judgment collection services Guarantor also shall pay all court costs and such additional fees as may be directed by the court CaptJon Headings Caption headings In thiS Guaranty are for convenience purposes only and are not to be used to Interpret or define the proVISions of this Guaranty Governing Law This Guaranty will be governed by, construed and enforced In accordance with federal law and the laws of the State of Florida This Guaranty has been accepted by Lender In the State 01 Florida Integration Guarantor further agrees that Guarantor has read and fully understands the terms of thiS Guaranty, Guarantor has had the opportunity to be advised by Guaranlor's attorney with respect to this Guaranty, the Guaranty fully reflects Guarantor's Intenllons and parol evidence Is not required to Interpret the terms of this Guaranty Guarantor hereby Indemmfles and holds Lender harmless trom all losses, claims, damages, and costs (Including Lender's attorneys' fees) suHered or Incurred by Lender as a result of any breach by Guarantor of the warranties, representations and agreements of this paragraph Interpretation In alt cases where there Is more than one Borrowar or Guarantor, then all words used In thiS Guaranty in the Singular shall be deemed to have been used In the plural where the context and construction so require, and where there Is more than one Borrower named In this Guaranty or when thiS Guaranty Is executed by more than one Guarantor, lhe words "Borrower" and "Guarantor' respectively shall maan all~9.nd anyone or more of them The words "Guarantor," 'Borrower," and 'Lender" Include the heirs, successors, assigns, and transferees of each of them If a court finds that any provIsion of thiS Guaranty Is not valid or should not be enlorced, that fact by Itself Will not mean that the rest of this Guaranty Will not be valid or enforced Therefore, a court Will enforce the rest of the proviSions olthls Guaranty even If a prOVision of this Guaranty may be found to be Invalid or unenforceable II anyone or more of Borrower or Guaranlor are corporations, partnerships, limited liability companies, or Similar entities, It Is not necessary for Lender 10 Inquire Into the powers of Borrower or Guarantor or of the officers, directors, partners, managers, or other agents acting or purporting to act on their behalf, and any loan Indebtedness made or created In reliance upon the professed exercise 01 suoh powers shall be guaranteed under thiS Guaranty Notices Any notice required to be given under this Guaranty shall be given In writing, and, except for revocallon notices by Guarantor, shall be effecllve when actually delivered, when actually received by telefacslmlle (unless otherwise required by law), when depOSited With a nallonally recognIZed overnight couner, or, If mailed, when deposited In the Umted States mall, es first class, certified or registered mall postage prepaid, directed to lhe addresses shown near the beginning of this Guaranty All revocation noticeS by Guarantor shall be In wntlng and shall be effective upon delivery to Lender as provided In the section 01 this Guaranty entllled 'DURATION OF GUARANTY' Any party may change Its address for notices under this Guaranty by giving wrItten nollce to the other parties, specifying that the purpose of the notice IS to change the party's address For notice purposes, Guarantor agrees to keep Lender Informed at all times 01 Guarantor's current address Unless otherwise proVided or _ reqUired by law, If there Is more than one Guarantor, any notice given by lender to any Guarantor Is deemed to be notice given to all Guarantors No WaIver by Lender Lender shall not be deemed to have waived any rights under this Guaranty unless such waiver Is given In wrlllng and Signed by Lender No delay or omission on the part 01 lender In exerCising any nght shall operate as a waIver of such nght or any other right A waiver by Lender of a provision of thiS Guaranty shall not prejudice or constitute a waiver of Lender's nght otherwise to demand stnct compliance With that proviSion or any other prOVision of this Guaranty No prior waiver by Lender, nor any course of dealing between Lender and Guarantor, shall constitute a waiver of any of Lender's rights or of any of Guarantor's obligations as to any future transactions Whenever the consent of Lender is required under this Guaranty, the granllng of such consent by Lender In any Instance shall not constitute continuing consent 10 subsequent Instances where such consent Is required and In all cases such consent may be granted or withheld In the sole discretion of Lender Successors and Assigns, Subject to any limitations stated In thiS Guaranty on transfer of Guarantor's Interest, this Guaranty shall be binding upon'and Inure to the benefit 01 the parties, their successors and assigns Waive Jury Lender and Guarantor hereby waive the rIght to any Jury trial In any action, proceeding, or counterclaim brought by either Lender or Borrower against the other ' DEFINITIONS The following capitalized words and terms shall have the follOWing meanings when used In this Guaranty --Unless specifically stated to the contrary, all references to dollar amounts shall mean amounts In lawful money of the Unlled States of Amenca Words and lerms used In the singular shall Include the plural, and the plural shall Include the singular, as the context may require Words and terms not otherwise defined In thiS Guaranty shall have.the meanings attributed to such terms In the Umform Commercial Code Borrower The word "Borrower" means Harold Court Townhomes, UC and Includes all co-signers and co-makers slgmng the Note Gua~antor. The word "Guarantor' means each and every person or entity Signing this Guaranty, IncludJng wahout limitation Daniel R Setalr Guaranty The word "Guaranty" means the guaranty from Guarantor to Lender, Including without IlmJlatlon a guaranty of all or part of the Nota Indebtedness' The word 'Indebtedness' means Borrower's Indebtedness to Lender as more particularly described In thIs Guaranty Lender The word "Lender" means COLONIAL BANK, N A, Its successors and assigns Note The word "Note" means and Includes wIthout limitation all of Borrower's promissory notes and/or credit agreements eVidencing Borrower's loan obligations In favor of Lender, togelher with all renewals of, extensions of, modifications of, refinancings of, consolidations of and substitutions for promissory notes or credit agreements ' Related Documents The words "Aelated Documents" mBan all promissory notes, credit agreements, loan agreements, environmental agraaments, guaranties, sacurlty agreements, mortgages, deeds of trust, security deeds, collateral mortgages, and all other Instruments, agre~ments and documents, whether now or hereafter existing, executed In connection with the Indebtedness ~~ l~ ~N1Tt'ALS __~_~_ _ --~ -~~~~ ~.t~-~-- Loan No. 8037010983-00001 COMMERCIAL GUARANTY (Continued) Page 3 EACH UNDERSIGNED GUARANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS GUARANTY AND AGREES TO ITS TERMS IN ADDITION, EACH GUARANTOR UNDERSTANDS THAT THIS GUARANTY IS EFFECTIVE UPON GUARANTOR'S EXECUTION AND DELIVERY OF THIS GUARANTY TO lENIlER AND THAT THE GUARANTY WILL CONTINUE UNTIL TERMINATED IN THE MANNER SET FORTH IN THE SECTION TITLED "DURATION OF GUARANTY", NO FORMAL ACCEPTANCE BY LENDER IS NECESSARY TO MAKE THIS GUARANTY EFFECTIVE THIS GUARANTY IS DATED JUNE 2,2004 GUARANTOR ~, > ~.;-. '-;:~~..~~'^'-"}~ ~ INDIVIDUAL ACKNOWLEDGMENT COUNTY OF - 1 i....l"'v~Jl,r~ V,,'~l~ ) ) 55 ) STATE OF The foregoing Inslrumant was acknowledged before me this 2- ......,t by Daniel R Selalr, who Is personally known to me or who has produced take an oath day of "L~.....\.. F'L 0:",.6..../) l..{L, 20 () (1 , as Identification and did I did not J~t.,- c &fot~~-,-{zit: (Signature of PjO~IJ;jk~~~(5tmrt) (Name of Acknowledger Typed, Printed or Stamped) BONDED lHRU ~m FAlIlINSUiANClll' v,sER PRO l.ndngI Vtlr ;IIi:22 10.0015 CqlI HlII'tiikhd F=tmriltl~l BcbJlb'Il 11'1II I ~1 2oCI~ All Rl-gM.. ;Rti"~d A. d \APPS'lt::fl\'I...Pl'1;2D Fe lf1,.1 m m 7 , ~ ,j,> ~OMMERCIAL GUARANTY ;' Prfn~pal"w , ~;O*!v D~t,t / }}} ./ { ~./ f .,. JJI@tl,lrtty , ,.' LQan N.O'H ,', " , \./ ././ \ Inlttal$ IJ..,I .. , ,- References In the shaded area are for Lender's use only and do not limit the applicability of thls document to any particular loan or Item Any Item above containing ....." has been omitted due to text length limitations Borrower: Harold Court Townhomes, LLC 13014 Not1h Dale Mabry, Hwy, Suite 356 Tampa, FL 33618 lender: COLONIAL BANK, N A Corporate Lending 400 N. Tampa Street Tampa, FL 33602 Guarantor: James FLanders 3009 West Barcelona Street, Suite B Tampa, FL 33629 .l;/~7 ~ "" ~,.....- -r;,'2'.-~-"..... /' ,lJ<f1 riALS AMOUNT OF GUARANTY, The amount of this Guaranty Is Unlimited CONTINUING UNLIMITED GUARANTY, For good and valuable conslderallon, James F landers ("Guarantor") absolutely and unconditionally guarantees and promises to pay to COLONIAL BANK, N A ("Lender") or Its order, In legal tender of the United States of AmerIca, the Indebtedness (as that term Is defined below) of Harold Court Townhomes, LLC ("Borrower") to Lender on the terms and conditions set forth In this Guaranty Under this Guaranty, the Ilablllty of Guarantor Is unlimited and the Obligations of Gu~rantor are continuing INDEBTEDNESS GUARANTEED The Indebtedness guaranteed by this Guaranty Includes any and all 01 Borrower's Indebtedness to Lender and Is used In the most comprehenSive sense and means and Includes any and all of Borrower's liabilities, obllgallons and debts to Lender, now eXisting or Ileremafler Incurred or created, Including, wltllout limitation, all loans, advances, Interest, costs, debts, overdraft Indebtedness, credit card Indebtedness, lease obligations, other obligatIons, and liabilities of Borrower, or any of tllem, and any present or future judgments against Borrower, or any of lhem, and wllether any sucll Indebtedness Is voluntanly or Involuntarily Incurred, due or not due, absolute or contingent, liqUidated or unliqUidated, determined or undetermined, whether Borrower may be liable IndiVidually or jOintly With others, or primarily or secondarily, or as guarantor or surety, wlletller recovery on tile Indebtedness may be or may become barred or unenforceable agamst Borrower for any reason wllatsoever, and whether tile Indebtedness anses from transactions wlllcll may be voidable on account ollnfancy, Insanity, ultra VIres, or otllelWlse DURATION OF GUARANTY Tills Guaranty Will take effect wilen received by Lender Without tile necessity of any acceptance by Lender, or any notice to Guarantor or to Borrower, and Will continue In lull force until all Indebtedness Incurred or contracted before receipt by Lender of any notice of revocation sllallllave been fully and finally paid and satisfied and all of Guarantor's otller obligations under tillS Guaranty shall have been performed in full If Guarantor elects to revoke thiS Guaranty, Guarantor may only do so In writing Guarantor's wntten notice of revocation must be mailed to Lender, by certl/led mall, at Lender's address listed above or sucll other place as Lender may designate In writing Wntten revocation of tills Guaranty Will apply only to advances or new Indebtedness created after aclual receipt by Lender of Guarantor's written revocallon For tillS purpose and wllllout limItation, the term "new Indebtedness" does not mclude Indebtedness wlllcll at the time of notice of revocatIOn Is contingent, unllquldated, undetermined or not due and which later beoomes absolute, liquidated, determined or due Tills Guaranty Will continue to bind Guarantor for all Indebtedness Incurred by Borrower or committed by Lender prior to receipt 0/ Guarantor's written nollce of revocallon, including any extensions, renewals, subslltutlons or modifications of the Indebtedness All renewals, extensions, substitutions, and modlflcallons of the Indebtedness granted after Guarantor's revocation, are contemplated under tills Guaranty and, speCifically Will not be considered to be new Indebtedness This Guaranty sllall bind Guarantor's estate as to Indebtedness created both before and after Guarantor's death or Incapacity, regardless of Lender's actual notice of Guarantor's death Subject to the foregoing, Guarantor's executor or administrator or other legal representative may terminate this Guaranty In the same manner In wlllch Guarantor might Ilave terminated It and With the same effect Release of any otller guarantor or termlnalion of any other guaranty of the Indebtedness shall not affect the Iiablllty of Guarantor under tillS Guaranty A revocallon Lender receives from anyone or more Guarantors shall not affect tile liability of any remaining Guarantors under thiS Guaranty It Is anllclpated that fluctuations may occur In the aggregate amount of Indebtedness covel eel by this Guaranty, and Guarantor specifically acknowledges and agrees tllat reductions In the amount of Indebtedness, even to zero dollars ($0,00), prior to Guarantor's written revocallon of tills Guaranty shall not constitute a termination of this Guaranty This Guaranty Is binding upon Guarantor and Guarantor's Ilelrs, successors and assIgns so long as any of the guaranteed Indebtedness remains unpaid and even though tile Indebtedness guaranteed may from time to time be zero dollars ($000) GUARANTOR'S AUTHORIZATION TO LENDER Guarantor autllorlzes Lender, eltller before or aller any revocation hereof, without notice or demand and wltlloutlessenlng Guarantor's lIablllty under tills Guaranty, from time to time, (Aj prior to revocallon as set forth above, to make one or more additional secured or unsecured loans to Borrower, to lease equipment or other goods to Borrower, or othelWlse to extend addlllonal credit to Borrower, (B) to aller, compromlsa, renew, extend, accelerate, or otllelWlse change one or more times the time for payment or other terms of the Indebtedness or any part of tile Indebtedness, Including Increases and decreases of tile rate of interest on the Indebtedness, extensions may be repeated and may be for longer than the orlolnalloan term, (C) to take and Ilold secunty for the payment of this Guaranty or the Indebtedness, and excllange, enforce, waive, subordinate, fall or decide not to periect, and release any such security, with or Without tile substitution of new collateral, (D) to release, subslilute, agree not to sue, or deal with anyone or more of Borrower's sureties, endorsers, or other guarantors on any terms or In any manner Lender may clloose, (E) to determine 1l0w, when and what application of payments and credits shall be made on the Indebtedness (F) to apply such security and direct the order or manner of sale tllereof, Including wltllout limitation, any nonjudIcial sale permitted by tile terms of the controlling security agreement or deed of trust, as Lender In Its discretion may determine, (G) to sell, transfer, aSSign or grant participations In all or any part of tile Indebtedness, and (H) to assign or transfer this Guaranty In wllole or In part GUARANTOR'S REPRESENTATIONS AND WARRANTIES Guarantor represents and warrants to lender tllat (A) no representations or agreements of any kind Ilave been made to Guarantor wlllcll would limit or qualify m any way the terms of tills Guaranty, (B) thiS Guaranty Is executed at Borrower's request and not at tile request of lender, (C) Guarantor has full power, rlgllt and autllonty to enter Into thiS Guaranty, (0) the provisions of tills Guaranty do not conflict With or result In a default under any agreement or other Instrument binding upon Guarantor and do not result m a vlolallon of any law, regulation, court decree or order applicable to Guarantor, (E) Guarantor has not and Will not, Without the prior Written consent of Lender, sell, lease, assign, encumber, Ily pothec ate , transfer, or othelWlse dispose of all or substantially all of Guarantor's assets, or any Interest therein, (Fj upon Lender's request, Guarantor will provide to lender fmanclal and credit information In form acceptable to Lender, and all sucll fmanclSl Informal Ion which currently Ilas been, and all future financial Information wlllch will be provIded to lender 1s and will be true and correct In all matenal respects and fairly present Guarantor's financIal condlllon as of tile dates lIle hnanclallnformatlOn Is provided, (G) no materIal adverse change has occurred In Guarantor's financial condition since the date of the mosl recent financial statements proVided to Lender and nO event has occurred wlllcll may materIally adversely affect Guarantor's fmanclal condition, (Hj no litigatIOn, claim, Invesllgatlon, admlmstratlve proceeding or similar action (Including those for unpaid taxes) against Guarantor Is pendmg or threatened, (I) lender Ilas made no representation to Guarantor as to Ihe cred!lwortlllness of Borrower, and (J) Guarantor has established adequate, means ot obtaining from Borrower on a continuing basis !nformatlon regarding Borrower's f!nanclal conditiOn Guarantor agrees to keep adequately Informed from such means of any facts, events, or circumstances whlcll might In any way affect Guarantor's risks under this Guaranty, and Guarantor further agrees that, absent a request for Information, Lender sllall have no obllgallon to disclose to Guarantor any Information or documents acqUired by Lender In tile course of !Is relatlonslllp With Borrower GUARANTOR'S WAIVERS Except as prohlbfted by applicable law, Guarantor waives any right to reqUire Lender (Al to contmue lending money or to extend other credit to Borrower, (B) to make any presentment, protest, demand, or notIce of any kInd, Including notice of any nonpayment of tile Indebtedness or of any nonpayment related to any collateral, or notice of any action or nonactlon on the part of Borrower, Lender, any surety, endorser, or other guarantor m connectloh With the Indebtedness or In connection wlllltlle creation of new or additional loans or obligations, (C) to resort for payment or to proceed directly or al once against any person, Including Borrower or any otller guarantor, (0) to proceed directly agamst or exhaust any collateral held by Lender from Borrower, any otller guarantor, or any other person, (E) to pursue any other remedy Within Lender's power, or (F) 10 commit any act or omiSSion of any kind, or at any lime, wltll respect to any matter wllatsoever Guerantor also waives any and all rights or defenses arlsmg by reason of (A) any "one action" or "anti-defiCiency" law or any other law which may prevent Lender from bringing any action, Including a claim for deficiency, against Guarantor, before or after Lender's commencement or completion of any foreclosure acllon, either JudICially or by exercise of a power of sale, (B) any election of remedies by Lender wlllcll destroys or otherwise adversely affects Guarantor's subrogation rights or Guarantor's fights to proceed against Borrower for reimbursement, Including WIthout limitatIon, any loss of rlgllts Guarantor may suffer by reason of any law limiting, qualifying, or dlscllarglng the Indebtedness, (C) any disability or otller defense of Borrower, of any olller guarantor, or of any other person, or by reason of tile cessation of Borrower's liability from any cause whatsoever, other than payment In fuUln legal tender, of the Indebtedness, {OJ any right to claim dlscllarge of tile Indebtedness on the basis of unjustified Impairment of any collateral for the Indebtedness, (E) any statute of limitations, If at any lime any acllon or SUit brougllt by Lendar against Guarantor Is commenced, tllere Is outstanding Indebtedness of Borrower to lender whlcllls not barred by any applicable statute of limitations, or (F) any defenses given to guarantors at law or In eqUity other than actual payment and periormance of the Indebtedness If payment Is made by Borrower, whether voluntarily or otllelWlse, or by any third party, on tile Indebtedness and thereafter Lendor Is forced to remllthe amount of that payment (0 Borrower's trustee In bankruptcy or to any Similar person under any federal or state bankruptcy law or law for the relief 01 debtors, the Indebtedness sllall be consIdered unpaid for the purpose of the enfor'cement of tills Guaranty Guarantor further waIves and agrees not to assert or claim at any 11m,) any deductions to tile amount guaranteed under tills Guaranty for any claim of setoff, counterclaim, counter demand, recoupment or slmlrar right, whether such claim, demand or nght may be asserted by tile Borrower, the Guarantor, Of botll Loan No 8037010983-00001 ~OMMERC'AL GUARANTY (Continued) Page 2 GUARANTOR'S UNDERSTANDING WITH RESPECT TO WAIVERS Guarantor warrants and egrees that each 01 the waivers set forth above Is made with Guarantor's full knowledge of Its significance and consequences and that, under the Circumstances, the waivers are reasonable and not contrary to public policy or !a~ If any such waiver Is determined to be contrary to any applicable law or public policy, such waiver shall be eHectlve only to the extent permitted by law or public poliCY SUBORDINATION OF BORROWER'S DEBTS TO GUARANTOR Guarantor agrees that the Indebtedness of Borrower to lender, whether now eXisting or hereafter created, shall be superior to any claim that Guarantor may now have or hereafter acqUire against Borrower, whether or not Borrower becomes Insolvent Guarantor hereby expressly subordinates any claim Guarantor may have against BorroWer, upon any account whatsoever, to any claim that lender may now or hereafter haVe against Borrower In the avent of Insolvency and consequent liquidation of the assets of Borrower, through bankruptcy, by an aSSignment for the benellt of creditors, by VOluntary liquidation, or otherwise, the assets of Borrower applicable to the payment of the claims of both lender and Guarantor shall be paid to Lender and shall be first applied by lender to the Indebtedness of Borrower to lendar Guarantor does hereby assign to lender all claims which It may have or acqUIre agamst Borrower or against any assignee or trustee m bankruptcy of Borrower, prOVided however, that such assignment shall be effective only for the purpose of assuring to lender full payment In legal tender of the Indebtedness If lender so requests, any notes or credit agreements now or hereafter eVldencmg any debts or oblrgalions of Borrower to Guarantor shall be marked with a legend that the same are subJeot to this Guaranty and shall be delivered to lender Guarantor agrees, and lender Is hereby alJthorlzed, in the name of Guarantor, from tJme to time to executa and file financing statements and contln_ualJ9D statements and to execute such other documents and to lake such other actions as lander deems necessary or appropriate to perfect, preserve and enforoe Its rights under thiS Guaranty GARNISHMENT Guarantor consents to the Issuance of a continuing writ of garnishment or attachment agamst Guarantor's disposable eamlngs, In accordance with Section 222 11, Florida Statutes, In order to sa~sfy, In whole or In part, any money Judgment entered In favor of lander MISCELLANEOUS PROVISIONS, The following miscellaneous prOVISions are a part of thiS Guaranty Amendments This Guaranty, together with any Related Documents, constitutes the enllre understandmg and agreement of the parties as to the matters set forth In this Guaranty No alteration of or amendment to thiS Guaranty shall be effeotlve unless given m writing and signed by the party or parties sought to be charged or bound by the alleratlon or amendment Attorneys' Fees, Expenses Guarantor agrees to pay upon demand all of Lender's costs and expenses, Including lender's reasonable attorneys' fees and lender's legal expenses, Incurred In connection With the enforcement of this Guaranty lender may hire or pay someone else to help enforce this Guaranty, and Guarantor shall pay the costs and expenses of such enforcement Costs and expenses mclude lllndJlls reasonable attorneys' fees and legal expenses whether or not there Is a laWSUit, Includmg reasonable attorneys' fees and legal expenses for bankruptcy proceedmgs (mcludlng eHorts to mod1fy or vacate any automatic stay or InJunction), appeals, and any anticipated POSI-Judgment collection services Guarantor also shall pay all court costs and such additional fees as may be directed by the court Cap\lon Headings Caption headmgs In this Guaranty are for convenience purposes only and are not to be used to Interpret or define the proviSIons of this Guaranty GovernIng Law This Guaranty wlll be governed by, construed and enforced In accordance wIth federal law and the laws of the State of Florida ThIs Guaranty has been accepted by Lender In the Slate of Florida Integration Guarantor further agrees that Guarantor has read and fully understands the terms 01 this Guaranty, Guarantor has had the opportUnity to be adVised by Guarantor's attorney With respect to this Guaranty, the Guaranty fully reflects Guarantor's Intenllons and parol evidence Is not reqUired to Interprettha terms of this Guaranty Guarantor hereby Indemnifies and holds lender harmless from all losses, claims, damages, and costs (InclUding lender's attorneys' fees) suffered or Incurred by Lender as a resun of any breach by Guarantor of the warranties, representations and agreements of this paragraph InterpretatIon In all cases where there Is more than one Borrower or Guarantor, then all words used In thiS Guaranty In the singular shall be deemed to have been used In the plural where the context and construction so require, and where there Is more than one Borrower named In this Guaranty or when thiS Guaranty Is executed by more than one Guarantor, the words 'Borrower" end "Guarantor" respectively 'shall mean a;:' and anyone or more of them The words "Guarantor," "Borrower," and "lender" Include the heirs, successors, assigns, and transterees ot each of them If a court tlnds that any provision of this Guaranty Is not valid or should not be enforced, that fact by Itself Will not mean that the reSI of this Guaranty Will nol be valid or enforced Therefore, a court Will enforce the rest of the provisions of this Guaranty even If a proVision of this Guaranty may be found to be Invalid or unenforceable If anyone or more of Borrower or Guarantor are corporallons, partnerships, limltad liability companies, or Similar entities, It Is not necessary for lander to InqUire Into the powers of Borrower or Guarantor or of the officers, dIrectors, ~ partners, managers, or other agents acting or purporting to act on Ihelr behalf, and any loan Indebtedness made or created In reliance upon the professed exercise of such powers shall be guaranteed under thiS Guaranty NotIces Any notice reqUired 10 be glYen under thiS Guaranty shall be given In wFlllng, and, except for revocation notices by Guarantor, shall be eHectlve when actually dellverad, when actually received by telefacs/mile (unless otherwise required by law), when depoSited With a nationally recognized overnight couner, or, If mailed, when depOSited In the United States mall, as first class, certified or registered mall postage prepaid, directed to the addresses shown near the beginnIng of this Guaranty All revocation notices by Guarantor shall be In Writing and shall be effective upon delivery to Lender as provided In the section of thiS Guaranty entitled "DURATION OF GUARANTY" Any party may change ItS address for notices under thIs Guaranty by giving written notice to the other parMs, specifying that the purpose of the notice Is to change the party's address For notice purposes, Guarantor agrees to keep lender mformed at all times of Guarantor's current address Unless otherwise provided or required by law, 1f there Is more than one Guarantor, any notloe given by Lender to any Guarantor Is deemed to be notice given to all9uarantors No Waiver by Lender Lender shall not be deemad to have waived any rights under this Guaranty unless such waiver Is given In wrJ!lng and signed by lander No delay or omiSSion on the part of Lender In exercising any right shall operate as a waIver of such right or any other fight A waiver by Lender of a provision of this Guaranty shall not prejudice or constitute a waiver of lender's fight otherwise to demand strict compliance with that prOVision or any other provision ot this Guaranty No prior waiver by lender, nor any course of dealing between lender and Guarantor, shall constitute a waiver 01 any of lender's rlghfs or 01 any of Guarantor's obligations as to any future transactions Whenever the consent of> , Lender Is reqUired under this Guaranty, the granting of such consent by lender In any Instance shall not constitute continuing consent to subsequent Instances where such consent Is required and In all cases such consent may be granted or withheld In the sole discretion of lender Successors and AssIgns SubJect to any limitations stated In thiS Guaranty on transfer of Guarantor's Interest, thiS Guaranty shall be blndmg upon and Inure to the benefit of the parties, their successors and assigns Waive Jury Lender and Guarantor hereby waIve the rIght to any Jury trial In any action, proceeding, or counterclaim brought by ellher Lender or Borrower agaInst tile olher , DEFINITIONS The follOWing capitalized words and terms shall have the followll1g meanIngs when used In this Guaranty Unless specifically stated to the contrary, all refe~ences to dollar amounts shall mean amounts In lawful money of the Umted States of America Words end terms used In the singular shalllncludelthe plural, and the plural shall Include the singular, as the context may require Words and terms not otherwIse defmed In this Guaranty shall have the meanings attnbuted to such terms In the Uniform CommerCial Code Borrower The word "Borrower' means Harold Court Townhomes, llC and Includes all CO-SIgners and co-makers signing the Note Guarantor The word "Guarantor" means each and every person or entity Signing this Guaranty, Including Without limitation James FLanders Guaranty The word 'Guaranty" means the guaranty from Guarantor to lender, including wllhoutllmllatlon a guaranty of all or part of the Note Indebtedness, ifhe word "Indebtedness" means Borrower's Indebtedness to lender as more particularly deSCribed In this Guaranty Lender The word "lender" means COlONfAl BANK, N A, lis successors and assigns Note The word/"Note" means and Includes without limitation all of Borrower's promissory notes and/or credIt agreements eVidenCing Borrower's loan obligations In favor allendar, together With all renewals of, extensions of, modificatIons of, refinancings of, consolidations of and substitutions tor promissory notes or credit agreements Related Documents The words "Related Documents" mean all promissory notes, credit agreemants, loan agreements, enVIronmental agreements, gu~rantles, security agreements, mortgages, deeds 01 trust, security deeds, collateral mortgages, and all other Instruments, agreements and tlocuments, whether now or hereafter exlsllng, executed In connection With the Indebtedness ~-' WITIALS ~ ';j - Z'."J: I~.J: J....... ~ ........Jo,_ _ _ ~ _~_ _ Loan No: 8037010983~OOOOl COMMERCIAL GUARANTY (Continued) Page 3 EACH UNDERSIGNED GUARANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS GUARANTY AND AGREES TO ITS TERMS. IN ADDITION, EACH GUARANTOR UNDERSTANDS THAT THIS GUARANTY IS EFFECTIVE UPON GUARANTOR'S EXECUTION AND DeUVERY OF THIS GUARANTY TO LENDER AND THAT THE GUARANTY WILL CONTINUE UNTIL TERMINATED IN THE MANNER SET FORTH IN THE SECTION TITLED "DURATION OF GUARANTY" NO FORMAL ACCEPTANCE BY LENDER IS NECESSARY TO MAKE THIS GUARANTY EFFECTIVE. THIS GUARANTY ]S DATED JUNE 2, 2004. GUARANTOR // #7 ~.'7 / ,-.....--~' ~ "".,i'" , n!,' ,x"' .........",'" ", " f Jam~ Landers, Individually L--~ / '''''> t~ INDIVIDUAL ACKNOWLEDGMENT COUNTY OF S lov~l~ iV\~~? ) ) SS ) STATE OF The foregOing Instrument was acknowledged before me this L -J. by James F Landers, who IS personally known to me or who has produced take an oath day of J U,,'\J.- (2'- un......,l) Ll-U",.u , 20 (';.> 'f as Identification and did I did not JJL-c= h~~~J(Jr5 (Signature of Person Taking Acknowledgment) JOHN GIACO' Gn (Name of Acknowledger Typed, Prliil9cf dr Stamped) John C GKlCOlettl o MtSSION # DD225022 tYN",~ August 24 2007 BONDED TlIllU TROY fAlilINSUWlCE. ,( ,{. (TiUe or Rank "!, (Senal Number, If any) lASEfl p~ ~ Vir U2 llHXlIlo Cap.- Hld.md F\nanI;ld.ldvtkm lno 19W1:2wt ~ iFt':IIh11111 RMMVtId IF1. d:\APP6\CFIL'\.PUE20..f-t: tl\-15R PR-l {, ;;- ~ ";OMMERCIAL GUARANTY ,,, 'P~~~~paJ ' ~" ',~ban ~~1!:m t~~~~!!!rlJY,,: mn,' ,LQal} ~?i' ,~ f{r >>rn"l' ~ 'J rr ~~IU \ Iff 'J..'J r .......:..........N(,}rr ~...}J::..} }) ',VI'.,,, -:. .. }~}~j;r 'J ~ , '~\II(;::o1l r~/; rr{, r \~.. N//1/ r~j'...1 If JJf.., 1'1' "c~~unt J.' If.. r J .. ~J}JHr tnJtiah; , , " Borrower: Harold Court Townhomes, LLC 13014 Noli1h Dale Mabry, Hwy, Suite 356 Tampa, FL 33618 Lender: COLONIAL BANK, N A Corporate Lending 400 N Tampa Street Tampa, FL 33602 Guarantor: Jason P Mlze 5010 BrldeV'{ay Lane Lutz, FL 3351)8 - ~~--=.- - INITIALS AMOUNT OF GUAAANTY The amounl of this Guaranty Is Unlimited CONTINUING UNLIMITED GUARANTY for good and valuable conslderalfon, Jason P Mlze ("Guarantor") absolutely and unconditionally guarantees and promises to pay to COLONIAL BANK, N A ("Lender") or Its order, In legal tender 01 the United states of America, the Indebtedness (as that term Is defined below) of Harold Court Townhomes, LLC ("Borrower") to Lender on the terms and conditions set lorth In this Guaranty Under thiS Guaranty, the liability of Guarantor Is unlimited and the obligatIons of Guarantor are conllnulng INDEBTEDNESS GUARANTEED, The Indebtedness guaranteed by thiS Guaranty Includes any and all 01 Borrower's Indebtedness to Lender and Is used In the most comprehensive sense and means and Includes any and all of Borrower's liabilities, obligallons and debts to Lender, now existing or he(elnaller Incurred or created, Including, without limitation, all loans, advances, Interest, costs, debts, overdraft Indebtedness, credit card Indebtedness, lease obJlgallons, other obllgallons, and lIabllilles 01 Borrowe(, or any 01 them, and any present or future Judgments against Borrower, or any of them, and whether any such Indebtedness Is voluntarily or Involuntarily Incurred, due or not due, absolute or contingent, liquidated or unliquidated, detennlned or undetermined, whether Borrower may be liable Individually or Jointly With others, or prImarily or secondarily, or as guarantor or surety, whether recovery on the Indebtedness may be or may become barred or unenforceable against Borrower for any reason whatsoever, and whether the Indebtedness arises from transacllons which may be VOidable on account of mfancy, Insanity, ultra Vires, or otherwise DURATION OF GUARANTY ThiS Guaranty will take ellect when received by Lender Without the neceSSity of any acceptance by Lender, or any notice to Guarantor or to Borrower, and wltl continue In full force unlil all Indebtedness Incurred or contracted before receipt by Lender of any nollce of revocallon shall have been fully and finally paid and satisfied and all of Guarantor's other obligations under thiS Guaranty shall have been performed 10 full If Guarantor elects to revoke this Guaranty, Guarantor may only do so In Writing Guarantor's written notice 01 revocation must be mailed to Lender, by certllled mall, at Lender's address listed above or such other place as Lender may designate In wrlllng Written revocatron of thiS Guaranty Will apply only to advances or new Indebtedness created after actual receipt by Lender of Guarantor's wntten revocation For this purpose and Without Ilmllatlon, the term "new Indebtedness" does not Include Indebtedness which at the time of nollce 01 revocation Is con 1m gent,. unllqUldaled, undetermined or not due and which later becomes absolute, liquidated, determined or due this Guaranty Will contmue to bind Guarantor for all Indebtedness mcurred by Borrower or committed by Lender pnor to receipt of Guarantor's written notice of (evocation, Including any extensions, renewals, subsl1!ullons or modifications of the Indebtedness All renewals, extenSions, substitutions, and modifications of the Indebtedness granted alter Guarantor's revocation, are contemplated under thIS Guaranty and, speCIfically Will not be considered to be new Indebtedness This Guaranty shall bind Guarantor's estate as to Indebtedness created both bafore and after Guarantor's death or IncapaCity, regardless of Lender's actual nollce 01 Guarantor's death Subject to the loregoln~l, Guarantor's executor or administrator or other legal representative may terminate this Guaranty In the same manner In which Guarantor might have terminated It and With the same ellect Release of any other guarantor or termination of any other guaranty of the Indebtedness shall not affect the liability of Guarantor under this Guaranty A revocation Lender receives from anyone or more Guarantors shall not affect the liability of any remalnmg Guarantors under thiS Guaranty It Is anllclpated that fluctuatfons may occur In the aggregate amount of Indebtedness covered by this Guaranty, and Guarantor specifically acknowledges and agrees that reductlons In the amount of Indebtedness, even to zero doUars ($000), prior to Guaranlor's written revocation of this Guaranty shall not constItute a termmatlon of this Guaranty This Guaranty Is bInding upon Guarantor and Guarantor's heirs, successors and assigns so long as any of the guaranteed Indebtedness remains unpaId and even though the Indebtedness guaranteed may from lime to lime be zero dollars ($0 00) GUARANTOR'S AUTHORIZATION TO LENDER Guarantor authorizes Lender, either before or after any revocation hereof, wIthout nollce or demand and without lessenIng Guarantor's liability under this Guaranty, from time 10 time (A) pnor to revocation as set forth above, to make one or more additional secured or unsecured loans to Borrower, to lease eqUipment or other goods to Borrower, or otherwise to extend additional credit to Borrower, (8) to alter, compromise, renew, extend, accelerate, or otherwise change one or more limes the time for paymenl or other terms of the Indebtedness or any part 01 the Indebtedness, including Increases and decreases of the rate of mterest on the Indebtedness, extensions may be repeated and may be for longer than the orll/lnalloan tenn, (C) to take and hold security lor the payment of thiS Guarenty or the Indebtedness, and exchange, enforce, waive, subordlnale, fall or decide nol to perlect, and release any such security, With or Without \he subslllullon of new collateral, (D) to release, substitute, agree not to sue, or deal With anyone or more of Borrower's sureties, endorsers, or other guarantors on any terms or In any manner Lender may choose, (E) to determine how, when and what application 01 payments and credits shall be made on the Indebtedness (F) to apply such security and direct the order or manner 01 sale thereof, Including without limitation, any nonJudicial sale permitted by the terms 01 the controlling secutlty agreement or deed of trust, as Lender In lis discretion may determine, (G) to sell, transfer, assign or grant participations In all or any part of the Indebtedness, and (H) to assign or transler thiS Guaranty In whole or In part GUARANTOR'S REPRESENTATIONS AN[) WARRANTIES Guarantor represents and warrants to Lender that (A) no representations or agreements 01 any kind have been made to Guarantor which would limit or qualify In any way the terms of this Guaranty, (8) thiS Guaranty Is executed at Borrower's request and not at the request of Lender, (C) Guarantor has lull power, right and authority to enter Inlo thiS Guaranty, (0) the provIsions of thiS Guaranty do not conflict With or result In a delault under any agreement or other Instrument bIndIng upon Guarantor and do not result In a violation of any law, regulation, court decree or order applicable to Guarantor, (E) Guarantor has not and Will not, wlthoulthe prior written consent of Lander, sell, leasa, assign, encumber, hypothecate, transfer, or otherwise dispose 01 all or substantially all of Guarantor's assets, or any Interest therein, (F) upon Lender's request, Guarantor will provide to Lender finanCial and credit InformatIOn In form acceptable 10 Lender, and all such financial Information which currently has been, and all future fmanclallnformatlon which will be proVided to Lender Is and Will be true and correct In all matenal respects and fairly present Guarantor's fInanCIal condition as of the dates the financial Information Is proVided, (G) no malerlal adverse change has occurred In Guarantor's fmanclal condlllon since the date of the most recent (lI'1anclal statements provided 10 Lender and no event has occurred which may materially adversely affect Guarantor's financial condition, (H) no litigation, claim, Investigation, administrative proceeding or Similar action (Including Ihose for unpaId taxes) agalnsl Guarantor IS pending or threatened, (I) Lender has made no representation to Guarantor as to the creditworthiness 01 Borrower, and (J) Guarantor has established adequate means of obtaining from Borrower on a continuing baSIS Information regarding Borrower's Ilnanclal condition Guarantor agrees to keep adequately Informed from such means of any facts, events, or Circumstances which might In any way allect Guarantor's risks under this Guaranty, and Guarantor further agrees that, absent a request lor Inlormallon, Lender shall have no obligation to disclose to Guarantor any Informallon or documents acquired by Lender In the course 01 ItS relationship With Borrower GUARANTOR'S WAIVERS Except as prohibited by apptlcable law, Guarantor waives any right to require Lender (A) to continue lending money or to extend other credit to Borrower, (B) to make any presentment, protest, demand, or notice of any kind, Including notice of any nonpayment of the Indebtedness or of any nonpayment related to any collateral, or notice of any action or nonaetlon on the part of Borrower, Lender, any surety, endorser, or other guarantor In connection With the Indebtedness or In connection With the creation of new or additional loans or obligations, (C) to resor! for payment or to proceed directly or at once agamst any person, Including Borrower or any other guarantor, (D) to proceed d~rectly against or exhaust any collateral held by Lender from Borrower, any other guarantor, or any other person, (E) to pursue any other remedy within Lender's power, or (F) to commit any act or omission of any kind, or at any lime, With respect to any mailer whatsoever Guarantor also waives any and aU rights or defenses arising by reason of (A) any 'one action" or "anu-deflclency" law or any other law which may prevent Lender from bringing any Hcllon, Including a claim for defICiency, against Guarantor, belore or after Lender's commencement or complellon of any foreclosure action, either judicially or by exercise of a power of sale, (B) any election 01 remedies by Lender which destroys or otherwise adversely affects Guarantor's subrogation nghts or Guarantor's rlghts to proceed against Borrower for reimbursement, including Without II mllatlon , any loss of rights Guarantor may suller by reason of any law limiting, qualifying, or discharging the Indebtedness, (C) any disability or other defense 01 Borrower, of any other guarantor, or of any other person, or by reason of the cessation of Borrower's liability from any cause whatsoever, other than payment In full In legal tender, of the Indebtedness, (D) any right to claim discharge of the Indebtedness on the baSIS of unjustified Impairment 01 any collateral for the Indebtedness, (E) any statute of IImlla~ons, If at any 11me any action or SUit brought by Lender against Guarantor Is commenced, there IS outstanding Indebtedness of Borrower to Lender which Is not barred by any applicable statute of Ilmltallons, or (F) any defenses given to guarantors at law or In equity other than actual payment and performance of the Indebtedness If payment Is made by Borrower, whether voluntarily or otherwise, or by any third party, on the Indebtedness and thereafter Lender Is forced to remllthe amount 01 that payment to Borrower's trustee in bankruptcy or to any similar person under any federal or slate bankruptcy law or law for the rehel 01 debtors, the Indebtedness shall be considered unpaid for the purpose 01 the enforcement of this Guaranty Guarantor further waives and agrees not to assert or claim at any time any deducllons to the amount guaranteed under thIs Guaranty for any claim of setoff, counterclaim, counter demand, recoupment or Similar ngl't, whether such claim, demand or nght may be asserted by the Borrower, the Guarantor, or both Loan No. 8037010983-00001 COMMERCIAL GUARANTY (Continued) Page 2 GUARANTOR'S UNDERSTANDING WITH RESPECT TO WAIVERS, Guarantor warrants and agrees that each of the waivers set forth above IS made with Guarantor's tull knowledge of Its significance and consequences and that, under the circumstances, the waivers are reasonable and not contrary to publiC polley or law If any such waiver IS determined to be contrary to any applicable law or public poliCy, such waIVer shall be effective only to the extent permltled by law or public polley SUBORDINATION OF BORROWER'S DEBTS TO GUARANTOR Guarantor agrees that the Indebteelness of Borrower to lender, whether now eXisting or hereafter created, shall be superior to any claIm that Guarantor may now have or hereafter acquire against Borrower, whether or not Borrower becomes Insolvent Guarantor hereby expressly subordinates any claim Guarantor may have against BorroWer, Upon any account whatsoever, to any claim that Lender may now or hereafter have against Borrower In the event of Insolvency and consequent liquidation of the assets of BorroWer, through bankruptcy, by an assignment for the benefit of creditors, by voluntary liquidation, or otherwise, the assets of Borrower applicable to the payment of the claims of both lender and Guarantor shall be paid to lender and shall be first applied by lender to the Indebtedness of Borrower to Lender Guarantor does hereby assign to Lender all claims which It may have or acqUire against Borrower or against any assignee or trustee In ~ bankruptcy of Borrower, provided however, that such assignment shall be effectiVe only for the purpose of assuring to Lander full payment In legal tender of the Indebtedness If Lender so requesls, any notes or credit agreements now or hereafter eVidenCing any debts or obllgatlons of Borrower to Guarantor shall be marked with a legend that the same are sublect to this Guaranty and shall be delIVered to Lender Guarantor agrees, and Lender Is hereby authorl2:ed, In the name of Guarantor, from trme to time to execute and file financing statements and continuation statements and to execute such other documents and to take such other actions as Lender deems necessary or appropriate to perfect, preserve and enforce lis rights under this Guaranty GARNISHMENT Guarantor consents to the Issuance of a continuing Writ of garnishment or attachment against Guarantor's dIsposable earnings, In eccordance With Section 222 11, Florida Statutes, In order to satiSfy, In whole or In part, any money Judgment entered In favor of Lender MISCELLANEOUS PROVISIONS The following miscellaneous prOVisions ara a part of this Guaranty Amendments This Guaranty, together With any Related Documents, constitutes the entire understanding and agreement of the parties as to the matters set forth In thlS Guaranty No alteretlon of or amendment to this Guaranty shall be effective unless given In writing and Signed by the party or parties sought to be charged or bound by the alteration or amendment Allorneys' Fees, Expenses Guarantor agrees to pay upon demand all of Lender's costs and expenses, Including Lender's reasonable attorneys' fees and Lender's legal expenses, Incurred In connectIon With the enforcement of thiS Guaranty Lender may hire or pay someone else to help enforce this Guaranty, and Guarantor shall pay the costs and expenses of such enforcement Costs and expenses Include Lender's reasonable attorneys' fees and legal expenses whether or not there Is a lawsUlI, including reasonable attorneys' fees and legal expenses for bankruptcy proceedings (Including eHorts to modify or vacate any automatic stay or InJunction), appeals, and any antlclpated Post-ludgment collecllon services Guarantor also shall pay all court costs and such additional fees as may be directed by the court Capllon HeadIngs Caption headings In this Guaranty are for convenience purposes only and are not to be used to Interpret or define the provisions of thiS Guaranty GovernIng Law ThIs Guaranty will be governed by, construed and enforced In accordance with lederallaw and the laws of the State of Florida This Guaranty has been accepted by Lender In the State of FlorIda IntegratIon ' Guarantor further agrees that Guarantor has read and fully understands the terms of this Guaranty, Guarantor has had the opportunity to be advlsed by Guarantor's attorney with respect to this Guaranty, the Guaranty fully letlects Guarantor's Intentions and parol evidence IS not reqUired to Inlerpretthe terms of thIs Guaranty Guarantor hereby indemnifies and holds Lender harmless from all losses, claims, demages, and costs (Including Lender's attorneys' fees) suffered or Incurred by Lender as a result at any breach by Guarantor of the warranties, representations and agreements of this paragraph Interpretation In all cases where there Is more than one Borrower or Guarantor, then all words used In this Guaranty In the singular shall be deemed to have been used In the plural where the context and construction so reqUire, and where there Is more than ona Borrower named In this Guaranty or when thiS Guaranty Is executed by more than one Guarantor, the words 'Borrower" and "Guarantor" respectively shall mean al~ and anyone or more of them The words "Guarantor,' "Borrower," and "Lender' Include the heirs, successors, assigns, and transferees of each 01 them If a court finds that any provIsion of thiS Guaranty IS not valid or should not be enforced, that fact by Itself Will not mean thaI the rest of thIs Guaranty Will not be valid or enforced Therefore, a court Will enforce the rest of the provisions of this Guaranty even If e prOVISion of thiS Guaranty may be found to be Invalid or unenforceable If anyone or more of Borrower or Guarantor are cOlporatlons, partnerships, limited liability companies, or similar entIties, It IS not necessary for Lender to Inquire Into the powers of Borrower or Guarantor or ot the officers, directors, partners, managers, or other agents acting or purporting to act on their behalf, and any Loan Indebtedness made or created In reliance upon the professed exercise of such powers shall be guaranteed under thiS Guaranty Notices Any notice required to be given under thiS Guaranty shall be given In writing, and, except for revocation notices by Guarantor, shall be effective when actually delIVered, when actually received by telefacslmlle (unless otherwise required by law), when deposited WIth a nationally recognized overnight courier, or, It mailed, when depoSited )n the United States mall, as first class, certified or registered mall postage prepaid, directed to the addresses shown near the beginning of this Guaranty All revocation notices by Guarantor shall be In writing and shall be effectJve upon delIVery to Lender as provided In the section of this Guaranty entitled "DURATION OF GUARANTY" Any party may change ItS address for nollCes under thiS Guaranty by giVing written notice to the other parties, specIfying that the purpose of the notice IS to Change the party's address For nohce purposes, Guarantor agrees to keep Lender Informed at all times of Guarantor's current address Unless otherwlse proVided or-, required by law, If there Is more than one Guarantor, any notice given by Lender to any Guarantor Is deemed to be notice given to all Guarantors No Waiver by L.ender Lender shall not be deemed to have waived any nghts under thiS Guaranty unless such waiver IS given In writing and signed by Lender No delay or omission on the part of lender In exercIsing any right shall operate as a waiver of such right or any other right A waiver by Lender of a provIsion 01 this Guaranty shall not prejudice or constitute a waiver 01 Lander's right otherwise to demand strict compliance with that provision or any other provision of this Guaranty No prior waIver by Lender, nor any course of dealing between Lender and Guarantor, shall constitute a waiver of any of Lender's rights or of any of Guarantor's obligations as to any future transactions Whenever the consent of Lender Is required under thiS Guaranty, the granting of such consent by Lendar In any Instance shall not consfltute continuing consenl to subsequent Instances where such consent Is required and In all cases such consent may be granted or withheld In the sole discretion of Lender Successors and AssIgns Subject to any limitations stated In this Guaranty on transfer of Guarantor's Interest, thiS Guaranty shall be binding upon and Inure.to the benefit of the parties, their successors and assigns WaIve Jury Lender and Guarantor hereby waIve the right to any Jury trial In any aclfon, proceedIng, or CounterclaIm brought by either Lender or Borrower against the other , DEF1NmONS The1followlng capitalized words and terms shall have Ihe folloWlrlg meanings when used In this Guaranty- -Unless specifically stated 10 the contrary, all references to dollar amounts shall mean amounts In lawful money of the United Slates of America Words and terms used in the., singular shall Include the plural, and the plural shall Include the singular, as the context may require Words and terms not otherwise defined In thiS Guaranty shall have the meanings ettrlbuted to such terms In the Uniform Commercia! Code Borrower The word 'Borrower' means Harold Court Townhomes, LLC and Includes all co-signers and co-makers Signing the Note Guarantor The word 'Guarantor' means each and every person or entity Signing this Guaranty, Including Without limitation Jason P Mlze Guaranty The word 'Guaranty' means the guaranty from Guarantor to Lender, including Without limitation a guaranty of all or part of the Note Indabtedness JThe word "lndebtadness" means Borrower's Indebtedness to Lender as more particularly deSCribed In this Guaranty Lender, The word "Lender" means COLONIAL BANK, N A, Its successors and assIgns Note The word 'Note" means and Includes wlthoulllmllatlon all of Borrower's promissory notes and/or credit agreements eVidenCing Borrower's loan obligations In favor of Lender, together with all renewals of, extensions of, modifications of, refinanCings of, consolidations of and SubstitutIons for promissory nbtes or credit agreements Related Documents The words "Related Documents" mean aU promissory noles, credit agreements, loan agreements, environmental agreements, guaranties, security agreements, mortgages, deeds of trust, security deeds, collateral mortgages, and all other Instruments, agreements andfdocuments, whether now or hereafter existing, executed In connection with the Indebtedness ~ M\lI1IALS Loan No: 8037010983-00001 COMMERCIAL GUARANTY (Continued) Page 3 EACH UNDERSIGNED GUARANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS GUARANTY AND AGREES TO ITS TERMS IN ADDmON, EACH GUARANTOR UNDERSTANDS THAT THIS GUARANTY IS EFFECTIVE UPON GUARANTOR'S EXECUTION AND DELIVERY OF THIS GUARANTY TO LENDER AND THAT THE GUARANTY WILL CONTINUE UNTIL TERMINATED IN THE MANNER SET FORTH IN THE SECTION TITLED "DURATION OF GUARANTY", NO FORMAL ACCEPTANCE BY LENDER IS NECESSARY TO MAKE THIS GUARANTY EFFECTIVE. THIS GUARANTY IS DATED JUNE 2, 2004 GUARANTOR. Y, '>r?$J:!- INDIVIDUAL ACKNOWLEDGMENT STATE OF \:' L""..J..-:, ) COUNTY OF ~ \ ..J:..Q (',).., ~ SS The foregOing Inslrument was acknowledged bafore me Ihls L '-&~ by Jason P Mlze, who fs personally known 10 me or who has produced lake an oath day of .J.....V'-~ [;.L.. l)n,..._~ Lt. ,. ,20 Ot,l.j. as Identification and did I did nol ~ \ ~L c b-14(;Cjr- (Signature of Person Tak,l09 .A..c~~edgmenl) I u.;;nO~VitJ N (Nama of Ac "'rtI\t,Qer Typed, :eflnle.dJIfl~mped) i*~ *~ MY COMMISSION #- DD22~22 EXPIRES BDNum THRU1Ror fAIN INSU2AOCE. we (Senal Number. If any) L.J.SEFI PAo t...rd11"iJ VIII" S U to tICS Clipt Hlniulll ~ e:oIU~1;I04i loci 111511 20001 All RIght. R.ul'1I1M;1 FL iIt\AF'f9'.CFI\l.PL\Em FO TR UC!;) .PJ\.7 '" 8037010983-00001 COLONIAL BANI( AFFIDAVIT OF NO LIENS STATE OF FLORIDA COUNTY OF HILLSBOROUGH Before me, the tmderslgned authonty, personally appeared Affiant who, bemg first duly sworn, deposes and says that 1 Affiant IS the owner or purchaser of that real property located 111 PINELLAS County, Flonda and legally descnbed as follows SEE ATTACHED EXHIBIT "A" 2 Owner has posseSSlOn of the property, and there IS no other person ill possessIOn wIth any fights or tenanCies m the aforeSaid property tmless listed or othefWlse noted 3 No Nonce of Conunencement affectmg the above descnbed property has been executed, recorded or posted by Affiant 4. There are no unrecorded labor, mechamcs or matenalmen's hens agamst the property and no labor has been performed upon or matenals fwnlshed to the above descnbed property for wluch payment m full has not been made or for wInch valid hens could be fLIed Affiant knows of no state of federal Judgment or hen of any land or nature whatever upon the above-descnbed property 5 There are no unpaid or pendmg bills or assessments for electnclty, water, sewage, garbage or any ul1hty or service provided to the above-descnbed property 6 111ere are no wlpald bills, hens or assessments for sarutary sewers, pavmg, unhty mstallatlOn or service, or other unprovements made by any pubhc utlhty or any governmental agency, and no nobce has been received of any pubhc heanng regardmg pendmg or future assessments for unprovements by any governmental agency ~ 7 There are no unpaid or pendmg penodlc mamtenance or management charges or assessments due any property owners, homeowners or condOlruruum assocIatlon There are no payments due or unpaid under the lenns of any recreatlOn lease or ground lease affecbng the above~descnbed property 8 There are no outstandmg unrecorded contracts for sale, deeds, leases, optIOns, conveyances, or mortgages affecting the btle to the above-descnbed property 9 There are no unrecorded easements or nghts of way created through use or adverse mterest With respect to the above descnbed property TIus AffidaVit IS made for the purpose of mducmg COLONIAL BANK, N A 10 make a mortgage loan on the above-descnbed property and LA WYERS TITLE INSURANCE COPORA TION to Issue a title poltcy regardmg the above-referenced property J ; HAROLD COUR1:"TOWNHOMES, LLC /Y -=:~~-- ...---- C":;"---;i _ (r/'BY Japes F Landers, Manager -" The foregomg mstnunent was acknowledged before me tIllS :2.",V day of June, 2004 by James F Landers, Manager of HarQ.1d Court Townhomes, .}"LC, who IS personally known to me or who has plOduced f - L () ,..., <./-ii.r 3" L, U--.l:Jr as IdentIficatIOn .j C)t_~ ( &t~~:ztb Notary Public JOHN GIACOU:~I-:l My ConurusslOn Exprres l~W;I""\'r\-~ John C GIClCOleUI ~- : -; MY COMMISSION # DD225lJ22 EXPIRES ~} .,,~ August 24,1007 , '.flr. ,r,i., ' 1lON00l THRU TroY FAJH IIISUWICE, lilt; -' ')< ~';~ ~ ? , , , , I J.~h r -)" " '- i"~ , ' " " '1 EXHIBIT "A" PARCEL 1: Lots 7 and 8, MARSHALL & BRANDON'S SUBDIVISION, according to map or plat thereof recorded in Plat Book 1, Page 27, public records of Pinellas County, Florida PARCEL 2: The East 40 feet of Lot 9, MARSHALL & BRANDON'S SUBDIVISION, according to map or plat thereof recorded in Plat Book 1, Page 27, public records of PineIlas County, Florida PARCEL 3: The West 20 feet of Lot 9, and the East 20 feet of Lot 10, :MARSHALL & BRANDON'S SUBDIVISION, according to map or plat thereof recorded in Plat I Book 1, Page 27, public records of PinelIas County, Florida PARCEL 4: Lot 10, Block 20, MAGNOLIA PARK, according to map or plat thereof recorded in Plat Book 3, Page 43, public records of Pinellas Connty, Florida PROPERTY ADDRESS: 610 HAROLD COURT, CLEARWATER, FLORIDA 33756 -/ 7" :1~ , :/' DISBURSE:IVIENT REQUEST AND AUTH.... .IZATION " v '~i ,PrlnelpaL 't.Q~n",Pat~, "Ma~url\Y , t..o~n No, uu v CaU,f,CQI~ Ac;count ' / ~ $42~H)o([bCt, 6f;..02~2004 "V ,07 ':os4f6o~r:, 031()109"~00001 ' ',' >", '"", ' "" i;; r",wJ~, :, / ' "~ :~"/31 $" References In the shaded area are for lender's use only and do not limit the applicability of this document to any particular loan or Ilem Any Item above containing "..,11 has been omitted due to lextlength limitations lntUals' JNJ J J JJ fF , Borrower: Harold Court Townhomes, LLC 13014 North Dale Mabry, Hwy , Sulle 356 Tampa, FL 33618 lender COLONIAL BANK, N A Corporate Lending 400 N Tampa Street Tampa, FL 33602 LOAN TYPE. This IS a Variable Rate Nondlsclosable Loan to a Limited LIability Company for $425,00000 due on July 3, 2006 The reference rate (Colonial Bank, N A's Base Rate, currenlfy 4000%) is added to the margin of 0500%, resulting in an Initial rale of 4500 PRIMARY PURPOSE OF LOAN The pnmary purpose of thiS loan IS for o Personal, Family, or Household Purposes or Personal Investment. 00 Business (Including Real Estate Investment) SPECIFIC PURPOSE The speCific purpose of this loan IS To purchase land for future development of 18 unit lawn home project DISBURSEMENT INSTRUCTIONS Borrower understands that no loan proceeds Will be disbursed until all of Lender's conditions for making the loan have been sallsfled Please disburse the loan proceeds of $425,000 00 as follows Amount paid to others on Borrower's behalf' $425,000 00 to Law Offices 01 Richard TAvis $425,00000 Note Principal $425,000 00 CHARGES PAID IN CASH Borrower has paid or will pay In cash as agreed the following charges Prepaid Finance Charges PaId In Cash $2,646 00 $2,125 00 loan Fee $300 00 Underwriting Fee $5900 Real Estate Tax Service - Fldehty Nallonal Tax Service $2500 Courier Fee - ColOnial Bank, NA $10000 Closing/Settlement Fee - Laww Offlcas 01 Richard TAvis $25 00 CounerlWarehouslng Fee - Law Offices of Richard TAvis $1200 Flood Certlflcallon Fee . First American Flood Data Services Other Charges PaId In Cash $10,001 00 $nO 00 TI~e Insurance with Endorsements . Law Offices 01 Richard TAvis $1000 Recording Fee - Future Satisfaction $3,50000 Appraisal Fee - Integra Really Resources $3,30400 Survey- Burcew & ASSOCiates, Inc $61 00 Recording Fee. Mortgage $1850 Recording Fee - Deed $85000 Intangible Tax $1,487 50 State Documentary Stamps , " Total Charges Paid In Cash. $12,64700 FINANCIAL CONDITION BY SIGNING THIS AUTHORIZATION, BORROWER REPRESENTS AND WARRANTS TO LENDER TH~T THE INFORMATION PROVIDED ABOVE IS TRUE AND CORRECT AND THAT THERE HAS BEEN NO MATERIAL ADVERSE CHANGE IN BORROWER'S FINANCIAL CONDITION AS DISCLOSED IN BORROWER'S MOST RECENT FINANCIAL STATEMENT TO LENDER THIS AUTHORIZATION IS DATED JUNE 2, 2004 BORROWER HAROLD COURT TOWNIiOMES, LLC h4' "" .... }...;:.. ~ J ~r~:~ oF N -:.... .. .......... ..-.:-......-h ....... :--'1-............... ..........t:- ~N~ By #o~t:m>~,L-<'" _.! <',t'<;;~x-z~"'-^' , /James_ f. Landers, Manager of Haro d Court cn1wnllomes, LLC l.ASIEll PRO ~ 'II.., "tz,10 0CI5 CCIpI" H~rIand FlNriOld GoIvllliN lno I"~ ~ ,An RIght.. 'Ruftnd Fl itV,P'p"FN.P'U1:;i,'1) ~ m 19;J PF!-7 FILE NO 04-057 AFFIDA VIT OF NO LIENS STATE OF Flonda COUNl Y OF Pmellas BEFORE ME, John C Gmcolettl, the undersigned authority, did personally appear James Landers, Managing Member of Harold Court Townhomes, LLC, who after fLrst bemg duly sworn by me, did depose(s) and say(s) 2 3 4 5 6 7 WITNESS JA_c , ',=~j-~1J ____ ,_ v~) That Ilwe am/are the Owner(s) of the following descnbed property located In Pmellas County, Honda, to Wit See Legal DescnptlOn attached hereto as Exhibit" A " That there are no recorded or unrecorded hens, unpaid Judgments or decree entered In any (,Curt of thiS State or of the United States agamst the Affiants, mechaniCS hens or other encumbrances of any nature and descnptlOn whatsoever outstanding against the Afflant(s) whICh might attach agamst the property as a hen That to the best of Affiant's knowledge, wlthm the past 90 days, there have been no Improvements, alteratIOns, or repaus to the above descnbed properly for which the costs thereof remam unpaid And that wIthm the past 90 days there have been no claims for labor or matenals furnished for repalflng or Improvmg the same which remam unpaid That there are no matters pending agamst the underSigned Afflants that could gIve nse to a hen that would attach to the property between the date of clOSing and the recording of the mterest to be msured That the Affiant(s) has/have not and will not execute any Instruments that would adversely affect the mterest to be Insured That thiS AffidavIt IS being made for the purpose of mducmg the lender Colomal Bank to make a mortgage and Lawyers Title Insurance Corporation, through Its policy Issumg agent, Law Offices of Richard T AVIS, to Issue a policy or poliCies of Title Insurance covenng the prerruses descnbed m Paragraph 1 above Afflant(s) further certlfY(les) that thiS document has been read by them or has been read and explamed to them to their satisfaction and the content, legal effect and obligatIOns are understood before Its execution -I' ? ~ ~ .,.:,;? ~--- --" .----:-; /' ~- , .Y~ - WItness / Har....o!JI'Court Townhomes, LLC ( ," ..._...~ G t~~,,:l~ (~ ...~ 6- \c:.>--- - Borrower t, - WUness by: James Landers - Borrower Sworn to and subscnbed thiS 2nd day of June, 2004, by James Landers, Managmg Member of Harold Court Townhomes, LLC , who has/have p,roduced hiS Flonda dnver's license as ill or who IS personally known to me and who did lake an oath ,1~L ('~- &,#,~Gtt~~ NOTARY PUBLIC (Pnnt or type name of Notary) ,';tr.~'"'''' John C. GKlco1e1t1 ;:~~\ MY COMM\SSION # DD1250n EXPlRES ~"~ Augusl24,2007 \::t fI' r' ;....p~ aotlow 1H!l1J 11l0H AIN INSUWICt 1m: j IIUl \ (Seal) My CommISSion Expires , Affidavll - No Liens -Borrower Closers' ChOice -~ ~~ ___I_______~~-~ ~~~---- LEGAL DESCRIPTION EXHIBIT "A" Parcel 1 Lots 7 and 8, MARSHALL & BRANDON'S SUBDIVISION, accordmg to map or plat thereof recorded m Plat Book 1, page 27, public records of Pmellas County, Flonda Parcel 2 The East 40 feet of Lot 9, MARSHALL & BANDON'S SUBDIVISION, accordmg to map or plat thereofrecorded In Plat Book 1, page 27, publIc records of Pmellas County, Flonda Parcel 3 The West 20 feet of Lot 9 and the East 20 feet of Lot 10, MARSHALL & BRANDON'S SUBDIVISION, accordmg to map or plat thereof 1 ecorded m Plat Book 1, pdge 27, pubhc records of Pm ell as County, Flonda Parcel 4 Lot 10, Block 20, MAGNOLIA Park, according to map or plat theteof recorded m Plat Book 3, page 43, publtc records of Pmellas Counly, Flonda, ~ . I~! I t.~_.. . ~ ...."" I . ~"\ ... '.!; .1 lJr !t ~ ..~ t! ~I~L ' ~~ ~'~..\ .ti , ' ,.. . \"'. .'~(,til ',' 'J" ", "~;'i~'\~(. ~i .,., ,: i. .'t.~. " .. '",~ , ~ , , "l t, ~ . ' . ';. '" ":.;' I .. .' ."-\ ,"i \ , \ \ fi!. " , " '~ ~ .ru ," . ;, ~'4'/...,.., , .''''1\,'' " if~'i>~ ;$' ., \ " \ \ \ \ \ \ \ \ \ \ I \ \ \ \ \ \ \ \, ''''"' "'"' .:,~.1$ <=i ~. + ~ ~W ;~, ';.,:1," $'r.~.., '.lfJi , -' ~ ~\ ...~ ....... .... ... 1 ! -, I I \ ~ \ , I I I I I I , . J I I i I, I ~~ . ~ r-"\.,. t....,,; ~J -iJ1 ..r~ ~ LIe] ~ ~W I,~ 'rt e r..;:. . I. , t,i . . l~ , , f ; l ! 'j 'f ~ J' .' , ) I ! .. ,:, '1 I " I.. (,,1.. . . l ~ ',l ~l . I, . " I l , 1 , I l . / . ! I ! I .' ,/ I I I 1 ~ \ \ . \ \ \ \ \ \ \ "" .......~IJ., ~ ... ;:- . , .. , i l . l ! -I , ....... )!it ",.. \ ~ .: I I I j. ''1 It r l ' r , . I' \ . , \51_"'-' I- I "- J -- - I ~ r- ~ L- , .... -~ ~ ~ I I I '. ........J d ~ . ~ RECEIVED JUL c ~ IUU4 PI..,; .:..:''3 C::Fr I~- ~~ENT CITY OF CLEARWATER ,- Looking east down Harold Court. Looking east from Harold Court. Looking northeast from Harold Court 608 Harold Court Looking southeast from Harold Court. Looking north from Harold Court. Vacant storage building at northwest comer of site. FLS2004-07054 -.i-- 0- ,.' ~: _. "en Q): ~ f----.--- r-,- U ~ If~ Q)I tt I - ,- j' .: ,: ! n ~ Fr ~" 1.1__ . ;. b.:: ::. I: <<:)- . ~ -F'~ hr-::-;;- '~ ' t-' f- ~ .<~ I . ~ . t~.,..u .. lIS; 11_ ,..... _ i , . ' .. I I .. .. 1 *.. -:r.~rr~! .. : ~ ~ :~ - ),111 ~i .~:: ~~.: 'r{' L J : r,'1 ~ I _ . ';:;,,'~ - ::LJ M il~ : Irr~' :] i~ : - . 'J' - Ie)' - :ri~': ~." -~:'": I. . ~!il.' 0' .."".. ~, 1'- ,II i~' ~ - ~, . ~ II.. II" ~ II II ~,~..,... -lLI- _ ~' _ . tot I" - : ~I 6 :: * ~ ... - t: .... o C!>[j s; z o ~ '8 ~ ~ o l " (J> :J: ~ II\) '" N leg ~~ g 1(J1:~c5 I"" ~~ > """ '!';;: =. ~ Dl en (J> 8 ~ ~ ~ :J: :J: <i ~ :J: -< ~ -< '" - -.2.1- -~ I' -. E)C:-)I- ~. ,,'~ . , . :. ,; ..: ;. '. ...c;o,. G~ .. . k'O\ t..= n fi\ I g I IV 0 () U ~ s z c ~ '" '" " E s '" c: '" " " " n ~ ~ ~ '" '" " -II ' - r{h . I~I-~. .. ~ L J. ~l . 0 .. . '" c: '" z ~ '" " ... ~ ~ ~ Q ::; ::l ....:c 1!l ~ ~ 0 g ~ g ~ g a. ~ 5"0 o 0 ~.g ~ '" :0 0 II ~ '" '" N III o ~ " " S" ~ co ~. o " " <t. ~ (; " ! .- ~ , . ~ ~1 ;, a ~ ,a ~ . -.. . -.:.J 0 ;: .. 101 1 r.. - :~~. .. - :!filil.. i - i" I ?:':? ~ ~ B .;~~~\i i IW ~ JiJfjiUi~! . ~ii ~!I(jh · "t;'} r ~'in i 1111(1 Ifill 2 [~ i i!! 1 a , J o :l::1 I ~I ~. >- - , ,~ i .. .. I UIlI it. OJ; ~ . I . :..!~ I . I.~ I "r.\': ' I .. ~ ~~z !ltjHH~! f 'iIi' i h~~J ~! .Uii.l ~l IH i" IIUI!lJi ri; ~ ~Hj.t !9ii~"1 i ;~!~ ~1119 l"~ ll" ~iuLiif BHtil ill E~~ ~~. ;"'! rn ~ A L I ,,0 ::r0 " :. tn C -" III ;j~ C ~.::!amO ig:~z:e'tl h.J::~916:o ~ ~.:rp ~~!B ~PQ!:ll>~ ;.~::z~~ ;?:~~Zlll s;j!g(i)-< 3.........(1)-4 ~~ ~ qI'- -l Jo,'" - ...'" 0 ",'" z "'8: <j, ~ I -n [f)URCAW & Associates, Tne Land Planner~ CIVIl Engmeels Land Surveyor~ Land~cape Archltect& Con~t1 ultlon rn~pcltof~ Geote<.hnl cal Engl neer s En Vlfon mental SlIentl ~t~ 6402 W Linebaugh Ave SUite A Tampa, rL 33625 Phone 1 813 882 4815 Fax 1 813 882 3808 wwwburcawmc com RECEIVED February 18, 2005 FEB 2 3 2005 ' PlANNING DEPARTMENT \ cnv OF ClEARWATER Mr 'Mark Parry City of Clearwater Plannmg Department 100 S Myrtle Avenue CI7arwa~er, FlOrIda 33756 RE: :Resp~nse to Comments' - Harold Court Villas Case Number: FLS2004-07054 bear Mr Parry , I 1 _ Ple'ase find enclosed five (5) caples of revIsed constructIon plans rind five (5) copIes of the revised stormwater management report The revIsed plans reflect changes' made whtle addressmg the updated comments received via e-mail on Febru!ll'Y 14, 2005 As yo'u noted, y~u receIved the , architectural documents from ROJO Arc~Itects In addItIon, the City of , Clearwater's speclfic comments are addressed as follows ' , PLANNING: Include pavers across Har:,old C.ourt at the west side of th'e site to link the two sidewalks together. ' f The revIsed constructIOn plans show pavers ,at the requeMed locatIOn ". ' J SubmIt actual co~or samples or chips ~ for the building and the fen~~. The, color samples were hand-delIvered to, the Planmng Department on February 15, 2005 PARKS AND RECREATION: . Open Space and Recreation Imp~ct F~es are due prior to issuance of building permits. Please contact Debbie Richter at (727) 562-4817. , 1 ~ Thefee amount has been obtamedfrom Ms RIchter andforwarded to the client All fees wIll be pend pno!' lQ buIldmg p'erlJuts , - -1 ~ , .J STORMWATER: > .~ " r Provide copy of agreement with- Pinellas C~unty to tie stor~wate_r. into ,their storm syst~m. We -~re In the process of obtaining this agreement with 'Plnellas County It IS requested that thiS be a'condltwn of the developmen~ 'order, to be provided pnor to constrl;Jctwn City design criteria requires the applicant to take Yz credit for existing payement when calculating C or SCS values. Fo! example 0.33 acres pre impervious and 0.37 acres pre pervious would' c~lcul~te to 0.165 , acres of Impervious and 0.535 acres pervious._ Resultant existing C would be proximally 0.377. Proposed C is 0.86 and delta C would be (0.86-0.377). , " - A revised stormwater analysIs IS provided wlth thiS ;esubmlttal Th~ SCS method was used and the SCS'Curve NUfY!ber values (Cn) were calculated uSing the reqUired approach . ' The City drainage criteria specifies that "In no circumstance ,will , vertical walls on detention ponds be permitted adjacent to'rigbts-of- 'ways, along the boundarieS of adjacent parcels of limd, on more than, two sides of a detentIOn pond, or any side of a pond serving only as a water qualIty facility." , , The rev,lsed detentIOn pond deSign has ebmrnatedethe vertical wal{s at the boundanes of adjacent parcels of land The revHed design' now'lncludes vertical walls along only two Sides, along the private driveway, and along the north Side of the pond The deSign now features' 4-to-l Hde slopes on the remazrllng !Jldes of the pond, Including those bordering adjacent parcels , , .. Dry reten,tio~ ponds are to be designed with 4-to-l sideslopes. , " See response to prev.wus comr;zent Paragraph 4A is unclear. The total area being redeveloped is'subJect to t,he City ~rainage criteria. " , ' , \: The stormwater desiglJ has been revised to account for qll areas being redeveloped In addlflOn, the portIOn of Harold Court that drain~ through the'slte in existing conditIOns ~1l1 be collected and pljJed to the detentiOn pond ThiS area has been Jaken mto acc9unt \ In the enclosed calculatiOns -; " , . , . > j ,~ , .' , ~ " ; , , , r' " \ , , " -' 'The storm event the site is su~ject to is ,based o~ the type of outfall <' available. A 25 - year event is applicable if a positive> outfall is accessible, 50 year event is applicable for detention areas wIthout outfalls and 100 year ~vent is applicable if no outfall is 'available and overflo"": i~ onto priv~te property. ; . ~ , Th~ ;lIe has a posllrve outfall avazlable VIa the PmeIias COU/1fy storm~ system to the east of the site, makmg the~s1fe-subJect to the 25 year ev'ent shown m the ,calculatIOns A copy of the agreement mentIOned m ,comment on~ will be provided unejer separate cover at' qlater date ~ r f' , , , , " . ~ ) 'Shquld there be any' further questIOns or concerns, ple~se contact me " ,Immediately at (813) 882-4815 , , ' Sll~cerely" ~ BURCA W AND ASSOCIATES, INC. - .. ~-_(/// h Bnan S WIlkes, E I Project Engmeer " .," ....J , ' , ' .. , "\ " - . ;- ) cc Harold CourfVlllas, LLC' ,FIle 04561 '~R " , , ,r , , , - I , " , ., , - , " ,. ~ ~"1. 1 y ~ , ' , ' " ...... ~ ~ .....,.. 1 , , , ',I -' , > r " .t t '+ .J ' ,- - t , , , , < " - I , " {"I f "$ ,( , . " . ' , , . , ~ 5 January 2005 Permit Comments-fLS2 City of , t \\ 'Ii' , Planning Department n Mark Parry. Planner . \ \ , 100 S Myrtle Ave '<rle rwater FL 33758-4748 ,~ Re fEB , ~ L.~~S '1" ',I S'JC5 , \ l)> . plJ,NNlll....>:' Ul ilkrl-,/j"l We are pleased to address your p s on the Townhomes located at 608 Harold Court Please do not hesitate to call should you need further clarification Dear Mr Parry. PLANNING Comment #1 This IS simply a condition of the Development Order That all utility equipment Including but not limited to wireless communication faCIlities, electTlcal and water meters, etc be screened from view and/or painted to match the bUilding to which they are attached as applicable prior to the Issuance of Certificate of Occupancy, Response: Will comply. Comment #2 The shadow-box fence proposed Is Inconsistent with the architecture of the bUlldlng- this needs to be changed, Response' See revised sheet A-9.0 reflecting a eMU wI stucco perimeter wall. Comment #3 Design GUideline requirement Electrical wlrrng to all site lighting provided underground Indicate how electrical wiring will be placed on site I couldn't find the note-- I probably Just need It pOinted out to me Response: Not part of scope, see civil drawings. Comment #4 PrOVide additional detailing (coping. banding, etc) between first and second floors of the bUildings. Response: See revised elevations. Comment #5 Provide heights of the eXisting bUildings Response: Without knowing exact heights there are 4 one story buildings and 1 two story building all with pitched rools. Comment #6 ThiS is simply a condition of the Development Order That all proposed utllrtJes (from the right-of-way to the proposed building) be placed underground CondUits for the future undergroundlng of eXisting utilities Within the abutting rlght(s)-of- ways shall be Installed along the entire site's street frontages prior to the Issuance of a Certificate of Occupancy The applicant's representative shall coordinate the Size and number of condUits With all affected utility providers (electriC. phone, cable, etc), with the exact location, Size, and number of conduits to be approved by the appllcanfs engineer and the City's Engineering Department prior to the commencement of work. Response: Nol part 01 scope, see civil drawings. Comment #7 This Is simply a condition of the Development Order That all utility equipment Including but not limited to Wireless communication facilities electncal and water meters, etc be screened from view and/or painted to match the building to which they are attached. as applicable prior to the Issuance of Certificate of Occupancy, Response: Same as comment #1. Comment #8 The south facade of BUilding A, since It faces a street. needs some additional detail-larger windows or tile work or something Response. Will comply, see revised elevation. Comment #9 This IS simply a condition of the Development Order That all slgnage meet the requirements of COde and be limited to attached signs on the canopies or attached directly to the bUilding and be architecturallY-Integrated with the deSign of the bUilding with regard to proportion, color, material. and finish as part of a final Comprehensive Sign Program package (as required) submitted to and approved by Staff prior to the Issuance of any sign permits which Includes that a All signs be deSigned as part part of an overall theme that respect, enhance and contribute to the architectural style. detailing and elements of a bUilding, b All signs consist of design colors, materials, size, shape, and methods of Illumination which reinforce the overall design of the facade, c All attached signs are Installed so the method of installation IS concealed or made an Integral part of the design of the facade, d All wall signs be located on flat. unadorned parts of the facade such as the hOrIZontal band between storefront and second floor or on windows awning flaps, faSCia. etc, and e The letter size letter and word spacing, font style and other design elements of all signs create an overall high quality aesthetic appearance Response: Only unit numbering part of architectural scope, see A.10.0. Comment #10 ThiS IS a new question but I was wondering how many eXisting dwelling units are on the site now (or recently as the cases may be) Response: 5. Comment #11 It IS stated In the application that the Publlx retention pond Will be modifies for use by the subject site It Is not clear If the owner of that retention pond IS aware of thiS Some sort of letter Indlcahng that the property owner of the site on which the pond Is located IS agreeable to the changes Provide this prior to the Issuance of a Development Order, Response: Not pari 01 scope, see Civil. Comment #12 All of the zoning comments to be addressed prior to the Issuance of a Development Order unless otherWise noted Response' Will comply. Comment #13 Submit actual color samples or chips Response: Will comply. Comment #14 Feature 2C IS not listed on Building C and D as It Is on BUildings A and B- revise to show this feature- Its helps contribute to the creation of a base. Response: Will comply. Comment #15 How come there Isn't any access provided to Pine street- It seems so close, Response: Please see Civil engineer's response. Comment #16 Include pavers across Harold Court as the west side of the site to link the two sidewalks together, Response: Not pari of scope, see civil drawings. Comment #17 Clarify the size of each building, Response: Will comply. see revised architectural plans and elevations. Sincerely, Amos Miers, Assoc AlA PROject Manager rojo Architecture ,I ~ ,= BLARCAW OR\G\NA.t & ASSOCIates, Inc. Mark Parry City of Clearwater, 100 S Myrtle Avenue, Clearwater, FL 33756 RECe\VED , jp.N 1 1 ~u~5 " PLANN'NG OEPARlMfNl ~\lY OF C~WAlER Land Planners elVl] Engmeers Ll11d Surveyors Landscape AIGhlteU5 Con"trllcllOn Inspectors Geolech11lcal Engl11cer" EnVironmental SClent]51" - January 5, 2005 , .1 " PrOject Harold Court Villas Case Number' FLS2004-07054 . Subject Response ~o ORC Meetmg, November 12,2004_ - Dear Mr Parry "' Per our recent phone conversation, please find enclosed the followmg Items for 'review m response to the DRC Meetmg on ~~vember 12, 2004 . Five (5) caples ReVised Construction DraWings, . Five (5) sets of ReVised Architectural Package from ROJO Architects" . Five (5) copies Stormwater Management Report ~ - Please note that the ongmal Units 13 and 14 have been removed to allow for an on- site retention pond The remammg units have been'renumbered The on-Site pond WIll eliminate the need to-use the Harbor Oaks - Publlx pond,as previously , _ propose9 It)s our understanding that our nght-of-way vacation request has been approved by the City Due to the decrease In units, thiS area IS no longer being used to Increase denSity' at thiS site , ' " - , In addition, the follow~ng spec!fic responses are offered for y~ur comments General Engineermg. 1) Dumpster depth not ~er City standards Response. ,The CIty's standard detail IS referenced and IS Included on Sheet 7. The plans have been revlsed'to more closely resemble thIS detail - , , 2) Water meters cannot be located wIthin proposed concrete Sidewalk .. "-. ( "'..... <l,. , , Response The water meterS are shown to be pulled b.ack mto the grassed areas Meters are t~ be fIeld located by the City - _ 1 .. ~ _ 3) Is suffiCIent capacity provided for thr~e proposed bUlldmgs to be. on the same fire lme? 6402 W Lmebaugh Ave SUite f. , Tampa, FL 33625 Phone 1 813 882 4815 Fax 1813 882 3808 WW\V burcawmc com , , , Response' Phone calls to the 'CIty regardmg thIS matter went unanswered and unreturned Changes, If any, WIll be sent In a tImely manner. . . 4) Service line for Lot 6 to be a meter set only, not a SIX Inch stub .! r/' , " t _' \, \ l \ " ; , , \" '> / ' '>, , - , I , ' J. , , 0, ' - , -' -, . , , Response: The service line for Lot 6 will be shown as a,meter set only, as, requeste'd ' ,,' _ _ ,'.' - , '> ,\ , ~ ~ , " ~ , 5) Ne'ed to show IdentIfication Signs for each F DC showing bUilding' ,number , and/o(addresses, or to IT)eet the Fire Department's requirements ;. ~ ~ >.) : / I ~ \ I , ' , Response. Please see responses to Fife Department comments. SIgn location IS indIcated on Sheet 4 r - , .... ( 'I ~ t ............. 1 I (' ',.L r;'\ > 6) ,The_proposed fire hydrant hne being Installed near Unit #14 to be cons,tructed With ductile Iron pipe not P V C as shown ~ ., , ....,..4 .... \ ~ I ., \ ' , , \ ' Response: The sIte deSIgn no longer Includes a fire hydrant line near Umt #14 " , "", - ' , " I I ....., 7) Fire hne for Units 9 thru 14 shall be a separate connection to proposed main -:...... ~ ~ / , , > Re~ponse' See resonse to prevIous comment -.J I j , , \ , ,..- , ~ ~... l" .... 8) Type of pipe for the proposed sanItary sewer main must be specified ~I r'" I ~ .. ~ t ~ v Res~onse' The sanitary sewer main has, been specified as PVC " < '- 9) Doghouse manhole detail does not meet City Stand~rds _ .. .. 1 l ." I '- _ J~~sponse' The proposed doghouse manhole detall,has been revised tq show the Intent, to have ,a poured floor WIth the str:.ucture placed on top of It ThiS IS the same doghouse manhole detail that has been approved for use' In the - - Court'Street Vii/as project (FL S2004-0 6045). , , - , ' - , \.. 10) The eXisting san Itary sewer s~rvlce for Lot #6' must be 'malntal ned (cut and capped) east of that service '.;- - ~- r' , ' ' ~ t of 1 l '" I ~ , , " , , Response' A note has been added to Sheet 6 Indicating that 'any existing samtary sewer service to Lot #6 must be maintained (cut and~capped) up to , the east property line of that site Please note, however, that the sanitary 'sewer servlc~ In question did not show up on surveys and the manhole - shown at the Intersection of Harold Court and Indiana A venue In the CIty atlas,"to which this service connects, does not currently eXIst '- - ~ ... I! h. , ' ~ .. ~ I , 11) NOTE Add Ibonal comments may be necess,ary b~s!3'd d ITl the respon~es to condltlons All of the ab~ve to be ad~ressed pnor to DO v' , " '. - , \ e - ,f , r " ..,.. , t, , , , ',' " 'Response: A'cknQwleClged. " , The follOWing to be addressed pnor to bUilding permit, ~ ~ ~ .. 1 \11 l , . 1) Filial plat recorded With PlneUas County f " ~ , )- - " " ,< , , , , , '- , ' , ' , j I.. ~I J > \ . ~ , " Response:Acknowredge~ ~ , , y , " " , ' " ..~ "; , , , ' " ~ " , , .... Jo- (' I I l j I r t- , j l l' [' I' " ," ~ ,t , . , l I , '" I ' ,- , Fire: , 1. Fire Department Connections must be at least 15 feet from the bUildings Show ~'hor to DO ,Response. All Fire Department Connections ~re shown at least 15 f~et from the' bUildings. All FDCs are'located on the south side of Harold Court and ' north of Umt 13 ' , , I ' 2 ." Fire Department Connections shall be Identified by, a Sign that states "No Parking, FIre Department Connection" and shall be deSigned m acc9rdance with, Florida Department of Transportation standards for mformatlon slgnage and be mamtamed With a "clearance of 7 %. feet m front of and to the sides of appliance As per Florida Flre'Preventlon Code, 2001 EdItion, modification to Section 3-56 of- NFPA,1 ' Please aCknowle?ge mtent to comply PR-IOR TO SLOG PERMIT _ .i Response: It is o'ur Intent to comply With this reqUIrement. , , , 3 PrOVide draWings that have been prepared by or under the direction of an , Eng I neer regIstered un der F S Ch a pter 471 for all fire spnn kler systems as per :_ Flo,nda B~lldmg Code, 2001 Edition, Sec 1044 1 3 Drawmgs shall be Signed and sealed by a Professional Engineer as per F S 471 025 The Installation shall be m accordance With NFPA 13, 1999 Edition by a licensed Fire Spnnkler Contractor under separate perrrllt With drawmgs Please acknowledge ,P~IOR TO SLOG PERMIT ' Response' DraWings prepared by an engllleer registered under F.S. Chapter 471 for all fire sprinkler systems shall be submitted shOWing compliance with the ~bove-mentloned Codes, prior to building permits " land Resources. 1 '_ S~ow the' lintel detail 'at the 29" Oak tree pnor to bUlldmg per!TIlt ^ ~ Response A note has been added to the plans)ndlcatlng that the contractor will submit shop.drawlng of lintel deSign prior to bUIlding permits for engineer and Cltyapproval^ ' ^,2 'Revls~ the sanitary lateral from Unit 18 to go directly to the manhole prior to DO ' _ ' , ' " , Response The samtary lateral from -the umt referred to (now Umt 16) ,has been revised to go directly to the man-hole' . landscaping , \ ~ t, /, 1 10/6/2004 (A_D) The planter areas between the drives are far too small to fit Indian hawthorn, change to Jasrr;lIne, mondo grass or day IllIy 10/5/2094 (MTP) I'd like to fe-examme the use of sod on the site and conSider usmg a less ma~ntenance-Iovmg plant like Jasmme or somethmg > ' ,~ " , ' T ' I , I ! I I I I " j, l ~ - l ' , j I " , 'j ,. , , r , \ , ~ _ ~ Response. A meetmg was held wIth the City to draft an acceptable landscape plan, The revised Landscape Plan in this submittal IS the result of that, I, meetmg' ' . , ' , - ~ ' 2 10/5/2004 (A_D) In the area behind the units along the east property line, < Install a mondo grass which will stay low and not require mowing, as thIs area will... be difficult to access for mamtenance of sod In the areas behmd the units south of , Harold <?ourt and along the west property Ime where sgd IS Indicated, may present', the same Issue with mamtenance In the area to the north of the same unJts, there IS Indian hawthorn mdlcated where sod could be malntamed here much easier Consider the maintenance of turf vs plants In area~ and. deSign for the long term , "). , > Response: A meetmg was held with the City to'draft an acceptable landscape plan. The revised Landscape Plan in this submIttal IS the result of that " meetmg , 3 :There are several Crepe myrtle trees proposed on the sIte where a multl- I .trunk tree will create sight VISIbility problems Change these out with Dahoon holly or Queen palms - Response A meetmg was held with the City to draft an a~ceptable landscape plan The revIsed Landscape Plan m this submittal is the result of that meeting: " 'J e' ' , , Parks and Recreation , ' .," 1 Open Space and Recreation Impact Fees are due,prlor to Issuance of _ bUilding permits Please contact Debbie Ru:;hter at 727~562-4817 , ' Response. The RecreatIon Impact fees were obtained from Ms Richter and Will be paId prior to Issuance of buildmg permIts , Stormwater. " ,. , 1) Provide calculatl~ns for eXisting and proposed conditions for site only Response Please refer to Stormwater Management Report where J ~ calculations for eXlstmg and proposed condItions are gIVen. ~ " 1 " , , , -., 2) Provlde,calculatlons for off sIte flow and dem~nstrate that through site, , conveyance features are suffiCient , " Response The dramage basin used In the analysIs Includes that portion of Harold Court currently fJowlllg through the site. Any other off~s,te runoff found to dram to the site' WIll be routed around uSing swales Please refer to, Stormwater Management Report 3) Provide copy of agreement With Harbor Oaks for,usage of their pond " ~ , Response Due to difficulties In obtaining the requested agreement, the site has been redesigned to accommodate ItS own storm water pond Plea~e refer to Storm water Management Report 4} PrOVide calculations demonstrating that eXisting pond will not exceed current discharge rates and will recover water quality volume within 24 hours Response These calculations are shown In the Storm water Management Report . 5} PrOVide copy of SWFWMO permit mod for Harbor Oaks Shopping center All of the above prior to DO Response Due to the changes In deSign, the Harbor Oaks Shopping Center pond modification IS no longer needed A SWFWMD Standard General ERP for Minor Systems IS being submitted concurrently with thiS City submittal A copy of thiS permit Will be sent as soon as approval IS acqUired Traffic Engmeermg 1 Show 20' X 20' sight VISibility triangles at all intersections and driveways Response Requlflng 20' x 20' site VISibility tf/angles at all intersections, including df/veways, seems extremely excessIVe for thiS development It has ' previously been shown and agreed upon by the City that cars backing out of the df/veways have adequate space and sight lines to safely enter the roadway (as shown by the sight lines and tYPical vehicle at Umt 3 on Sheet 4) 20' x 20' sight VISibility tf/angles have been added to the plans at the relevant intersection and shows that VISibility In these areas are not Impeded Please keep In mind that thiS IS a pf/vate dead-end access road for a small townhome commumty that Will only be traveled by reSidents at slow speeds 2 If the driveways are not 20' long from the face of garage to edge of roadway, then where Will guests park? Response As stated before, guest parking IS not a Code reqUirement and IS not being offered In thiS develeJpment 3 All of the above to be addressed prior to aDO Response Acknowledged Traffic Impact Fees to be determined and paid prior to C 0 Response Acknowledged Plannmg. 1 , / '" ~ . Iv!" L/ ' , ,3 I)' ~/ !1:;~// " '5 'f I -' .' , This IS simply a condition of the Deyelopment Order That all utility , equipment Including but not limited to wireless commUnication facllltles, ' electrical and water meters, etc be screened from view and/or painted to match the bUilding to which they are attached, as apphcable prior to the jssuance of a Certificate of Occupancy,. ' " ! Response Acknowledged .' "' 2 The shadow-box fence proposed IS inconsistent WIth the architecture of the bUilding - thiS needs to be changed, - Response: See response by ROJO Architects. Deslg~ GUideline reqUlremE!nt Electrical wifing to all site lighting provlded underground Indicate how electrical wifing Will be placed on the site I couldn't,find the note - [ probably Just need It pOinted out to me , . I " Respr;>nse. See note on Sheet 6 _ Also refer, t~ note 25 on Sheet 4. '" 4' ProVide additional detalhng (COping, banding, etc) betWeen the first and -second floors of the bUildings, ' Response See response by ROJO ArchItects ,1 PrOVIde the heights of the eXisting bUildings, ~ 'Response: See response by ROJO Architects. 6 ThiS IS Simply a condition of the Development Order That all proposed utilities (from the right-of-way to the proposed bUilding) be placed /underground CondUits for the future undergroundlng of eXisting utilities V# Within the abutting rlght(s)-of-way shall be Installed along the entire site's !/# street frontages prior to the Issuance of a Certificate of Occupancy The I. ' , applicant's repre~entatlve shall coordinate the size and number of condUits With all affected utility proVIders (electric, phone, ca ble, etc), 'With the exact location, size and number of condults.to be approved by the applicant's engineer and the City's Engineering Department pnor to the commencement of work, Response Acknowledged See note on Sheet 6. / - , 7 _ -:;Thls Will Simply be ,a condition Within the Development Order That all utility . - / /' equipment Including but not hmlted to Wireless communication faCIlities, (! //', electrical and water meters, etc 'be screened from view and/or paln!ed to fY" match the bUilding to which they are attached, as applicable p.nor to, the Issuance of a Certificate of Occupancy, , , l , \ " . Response' ThIS is the same, comment'as #1. Please refer to response to #1 " '\ " , 8 , The south facade of BUilding A, since It faces a street, needs some additional detall- larger Windows or tile work or something, .. ) ... l .' I ' I, \ I .1 I , , j I , I I _ , -, /' " I, " , ' , , " / , 9 ) l.......' Response See response by RO~O Architects' , This IS sImple a conditIon of the Developme'nt Order That all slgnage meet ~ the reqUirements of Code and be limited to attached signs on the canopies or attached directly to the bUilding and be architecturallY-integrated With the deSign of the bUilding With reg~rd to proportion, color, material and finish as part of a final Comprehensive Sign Program pa'ckage (as reqUired) submitted to and approved by St,aff pnor to the Is~uance of any sign permits which Includes that { , ' <, a All signs be' deSigned ~s part of an overall ,theme that respect, enhance and contribute to the architectural style, detailing and elements of a bUilding, , -. - , ' t b All signs consist of deSIgn, colors, matenals, Size, shape and methods of IlIurTlInatlon ~hlch reinforce t~e over~1I deSign of th"e fayade, - , c All attached signs are Inst~lIed so the method of Installation IS concealed or mad~ an Integral part of the deslgn,of the sign, , , . d All wall,slgns be located on flat, unadorned parts of a fa<;ade such as the' hOrizontal band between the storefront and second floor or on Windows, awning flaps, faSCia, etc , and ... i ~ ... e The letter Size, letter and word spacing, font style and other deSign elements of all ~Igns create an overall high quality aesthetic appearance Response. See response by ROJO Architects I. 10 ' ThiS IS a new question but I was wondenng how many eXisting dwelling. ' Units are on the site now (or recently as the case may be)" , '< ; Response' Accordmg to the most recent Property Appraiser's reports, there are presently five (5), mcludmg one triplex and two ~ingle-famlly homes , ' 11 , ' It IS stated In the application that the Publlx retentlon 'pond Will be modified for use.by the subJect sIte It IS not clear If the owner of that retention pond IS aware oNhls Some sort of letter tndlcatlng that'the property owner of the site on which the pond IS located IS agreeable to the changes ProYlde thiS, ' 'pnor to the Issuance'of a Development Order, - , , , . Response. See responses to Stormwater comments. -This Issue has been resolved , , , ' 12 l l All of the zoning ~omments to be addressed pnor to the Issuance of a Development~Order unless otherwise noted,' J' " -. ~ ' Response Acknowledge~- c, 13 " ,Submit actual color s?lmples ,or ChipS, l - " Re~ponse' See response by ROJO ArchItects , , , ~ ~ ~ I, I I , [ { 1 I 1 - , I I I j' , I' 1 ~ l I I " 14 I 15'-/ . ~l' L-J , , , 16 " - r -. Feature 2C IS not listed on BUildings C and D as It IS on bUildings A and B- revise to s~ow that fea\ure - It helps contnbute to the creation of a base, , Response' See response by ROJO Architects r ,.. ..- -: .... l How come there Isn't access provided to ~I'ne Street ~ It seems so close, < - , Response. As this IS 'not a Code reqUirement, It IS the Developer's preference to not mclude access to Pme Street , ~ ... J L "Include pavers across Harold Court as the west Side of the site to link the, two Sidewalks together, , . Response. Pavers have been added to cross Harold Court at the maJl kIosk, as this seemed the most useful loca tJOn , to include the';" , 17 'Clanfy th-e size of each eXIsting bUilding, , ' Response ThIS is the'same comment Ejs #5. Please s.ee response to \J -J #5 .... . " The Items Included with thiS submittal, with the above responses, should more than,reasonably_,satlsfy the reqUirements of the City of Clearwater If you have any questions In reference to thiS matter, please contact Matthew Campo, P E or m~ at (813) 882-4815 to prevent further delays to thiS proJect Sincerely, - Burcaw & Associates, Inc .6.... OU(/~ , Brian S Wilkes, E.I Project Engmeer I' i ; , -0. File: 04561 PR , , /. " " , r .' ~ " "" Community Response Team Planning Dept. Cases - DRe Case No F' L:; ,)ooq - 0'-10 (~-l( I ' .., I'\d Meetmg Date' (I lle,l v , Location: /ao'6 ~L:P (.ful1-- ~urrent Use V~~ Ufite'l t-hu. ) Z-- ~/ Active Code Enforcement cas~'es ,I ft Address number~) (no) (vacant land) %Landscaping (M (no) ~ overgrow~~ V'Ui B Co ~DebrisB (no) p Inoperative vehicle(s) (yes)1!}J ,,-e( BUllding(s) (good) @ (poor) (vacant land) Jlf Fencing e (good) (dIlapIdated) (broken and/or missing pieces) ;r Pamt (good) (fair) ~ (gansh) ;I Grass Parking (yes)~ }f Residential Parking Violations (yes)B y Slgnage 9) (ok) (not ok) (bIllboard) y parkingt9tnped) (handicapped) (needs repaving) ? Dumpster (enclosed) (not enclosed) NIl]-- / Outdoor storae (no) Comments/Status Report (attach any pertinent documents) . Tl0'f1tYl) Info IJ ,Tf.if1 4 (L 13-,9ck If~ ~l Y) Date ID(l,(d-lRevlewed by SAtUy 73~ Telephone j& ~ r;-;~ Revised 03-29-01, 02-04-03 " Case Number: FLS2004-07054 -~ 608 HAROLD CT Owner(s) Applicant C K S Enterpnses 1696 N Hercules Ave Clearwater, Fl33765 TELEPHONE No Phone, FAX No Fax, E-MAIL No Emall James Landers 2506 Macdlll A venue Ste A Tampa, F133629 TELEPHONE 8]3-902-0598, FAX 813-902-0697, E-MAIL No Emall Location: 0 82-acres located at the termmus of Harold Court approxImately 650 feet east of South Fort Hamson Avenue lymg between Turner and Pme Streets Atlas Page: 295B - Rick DeBord Zoning District: D, Downtown Request: FlexIble Standard approval to permlt attached dwellmgs (I8 umts) wIthm the Downtown DIStnct under the proVIsIons of SectIOn 2-902 C The proposal also mcludes a Transfer of Development Rights (TDR) (two dwelling umts) which WIll be revIewed as part of a Level Two FlexIble Development apphcatIOn (TDR2004-06001) Proposed Use: Attached dwellmgs Neighborhood No Nelghborhood AssocatlOn Data Association(s): Presenter: Mark Parry, Planner III Development ReVIew Agenda - Fnday, November 12, 2004 - Page 15 <"" ~~; Community Response Team Planning Oept. Cases - ORC Case No. f'L:) ~egl{ (J/O')L{ Meetmg Date:~ I 0'1 Location. (0 e 9) t\ A12-e G1) l f · /Current Use: \rACM+- lVA12eJ16Vv'; L ~ActivecodeEnforcementcas~~~1 is YlU>\! 6\1"eA"'~ ~Y\ ..Q A-nO r"tvJ vAs L \.l.A\\ ~e.. 7Address nUmbe~(no) (vacant land) - ~LV I .....eJ LandscaPin9'<&) (no) ~vergrownB (no) ftDeb~is (y~s) Q ylnoperative vehlcle(s) (yes2@ ".a--- Building(s) (900d)9y (vacant land) "a' FencingB (good) (dilapidated) (broken andlor missing pieces) '"' Pamt (900dlB(Poor) (garish) ..-€I Grass Parking (yes~ _ ....er Residential Parking Violations (yes) 9 ...eI Signag ..zr Parkin (n/a (striped) (handicapped) (needs repaving) y Dumpster (enclosed) (not enclosed) N(fYl'L- --- . ...9 Outdoor stora~ pltU.fi:f"~ s~u') &{J dlJ-J 10<\, Comments/Status Report (attach any pertinent documents) Date t/8!(J~ Reviewed by SOB Revised 03-29-01, 02-04-03 ShdbL( ~ Telephone ~d-l{ld-~ I I . I }) I I . I Pnnted 9/212004 Tllnes are subject to change DRAFT ACTION AGENDA DEVELOPMENT REVIEW COMMITTEE Thursday, September 9, 2004 FilE Case Number. FLS2004-07054 -- 608 HAROLD CT Owner(s): C K S EnterprISes 1696 N Hercules Ave Clearwater, FI 33765 TELEPHONE No Phonc, FAX No Fax, E-MAIL No Emall Apphcant James Landers 2506 Macdlll Avenue Ste A Tampa, Fl 33629 TELEPHONE 813-902-0598, FAX 813-902-0697, E-MAIL No Email Rep resentatl ve TELEPHONE Location. 0 82-acrc<; located at the termmu!> of Harold Court approxImately 650 feet east of South Fort Ham<;on A venuc Iymg between Turner and Pmc Streets Atlas Page 2958 Zomng District: D, Downtown Request. FlexIble Standard approval to permIt attached dwellmgs (18 umts) wlthm the Downtown DI<;tnct under the prOVISIOns of SectIOn 2-902 C The proposal also meludcs a Transfer of Development Rights (TOR) (two dwellmg umts) whIch WIll bc revIewed as part of a Level Two FleXible Development applicatIOn (T D R2004-0600 1) Proposed Use. Attached dwellmgs Neighborhood No NClghborhood AssocatlOn Data Assoclahon(s): Presenter. Mark Parry, Planner Attendees Included. rhe DRC revIewed thiS applicatIOn WIth the followmg comments' General Engmeermg I) Provldc a 5 ft <;Idewalk along Pme Street to the easterly property Ime 2) Show where guest WIll park 3) Show all eXlstmg utilltles (ga<; and samtary ~ewer) along Harold Court 4) ProVide agreements and easement<; for thIS property to connect to the eXlstlllg retentIon pond dnd the eXlstmg storm ~y~tcm 5) Ifan egress needs to be prOVIded from the redr ofumt<; to meet bUlldmg and/or FIre Department reqUIrements, the stoop~ WIll need to be shown on the ~ltc plan 6) PrOVIde <;torm structure numbers on each structure The sIze reqUirement for ea!>emcnts reqUIred for the proposed storm systcm for Harold Court may reqUIre system redeSign 7) PrOVIde thc ero<;s-sectlOns a~ depleted on Sheet 5 Development RevIew Agenda - Thur<;day, September 9, 2004 - Pdge 1 ~ R) Provide a new waler <;ervlce for [ ot 6 and abandon the eXisting 2" water main Other <;ervlces may need to be reloCdted 9) Tapping ~lcl-ve and valve will be provided by CllY and paid for by the applicant 10) Relocate the proposed detector valve assembly Cdnnot restrict water main and fire hydrants 11) Relocate propo<;ed water meter outside dnve apron!Jnveway ] 2) Show the type of pipe and lengths for the propo<;ed water system ] 3) Proposed fire hydrant ~hJll be wIthin 45 ft of F 0 C connectIOn ]4) F DC connectIOn shall be a mllllmum of 15 ft from buddmg ]5) Note for the proposed water mam for UllltS [ - 8 show~ a 4" water mmn aljd~thc proposed note tt t_ I 1 I J1 ~!. ~ on thc Ime shows 6 F- )' ~" ~ .~~ 16) Thc proposed 6" water mams that are not provldmg watcr to-a ~fi'f';;hYdiant coul d be 4" 17) Provide a permancnt blow off as!:.embly on each dead cnd wareftilaln""''''- 18) Loop the proposed 6" water mdm to the eXlstmg 6" water mam on Pine Street 19) Proposed 1111 statIOn detdll 1<; found on S hcet #] 2, nol on Sheet # 11 as noted on Sheet #6 20) The proposed sdmtary <;ewer main shall be 8" not 6" a<, <,hown Sa111tary sewer service "wyes" dre 6" as shown 21) Show a doghouse manhole detail 22) Need to cut and eap eXlstmg samtary sewer mam along Harold Court All of the dbove to be dddressed pnor to DO .I The following to be addre~~ed pnor to bUlldmg permit ]) Need to record plat En vlronmental No Issues Fire' Provide drdwmgs that have been prepared by or under the directIOn of an Engmeer regl<;tered under F S Chapter 47] for all fire spnnkler systems as per Flonda BUlldmg Code, 200] EditIOn, Sec 104 4 1 3 Drawlng~ <;hall be sIgned dnd ~caled by a Profes~lOnal Engmeer as per F S 471 025 The mstallatlOn shall be m accordancc with N F P A 13, 1999 EditIOn by a \1censcd Fue Spnnkler Contractor under <;eparate permlt with drawmgs Please acknowledge PRIOR 1 0 SLOG PERM]T 2 Fire Department ConnectIOns must be at lea~t 15 feet from the bUl]dlng<; Show pnor to DO 3 FIre Department ConnectIOns shall be Idenllfied by a sign that states "No Parkmg, Fire Dcpartment ConnectIOn" and shall be de<;lgned In accordance With Flonda Department ofTran~portatlOn <;tandard" for mformatlOn slgnage and bc mdmtamed With a clearance of 7 Y2 feet 111 front of and to the sldc'; of apphanee A." per Flonda FlTe PreventIOn Code, 200 I Edition, modIficatIOn to SectIOn 3-5 6 ofNFPA] Please aGknowledge mten! to comply PRIOR TO SLOG PERM]T Harbor Master No Comments Lega]' No Comments Land Re~ources Show the canopy of all the trees adjacent to thc retcntlOn pond and all other adjacent propertlc<; AI<;o show thc Ganoples of ALL tree<; to be preserved on ALL plans ReVise pnor to DO ~ 2 Proposcd berm can't be p I aced over the roots under the canopy] llles of the trees to bc preserved ReVise pnor to DO 3 RcvI<;e deslgn~ of the gravity wall and forec malll at the 29" oak trec at the SE corncr of the Developmcnt RevlCW Agendd - Thursday, September 9,2004 - Pagc I J, \ 4 property The wall and force mam will ~ever too much of the root ma~~ too c1o~<- to the tree rhe Impact ~hould only be a minimum dl~tan(,c of ] 5' from the tree Revl~e pnor to DO The] 7", 18" and the 18" oak trees 111 the nght of way vacatIon are shown to be preserved on the EX1~tmg ConditIOn plan but they aren't ~hown to be preserved on any other ptm except the Landscape plan, and on that plan they show a ~ldewalk gomg threw them Dependmg on the grade changes and other Impacts the~e trees may not ~urvlve duc to the fact that they already have some dech ne I f tree~ are to be preserved no Impact can occur under the canopies, I fthey are to be removed revI~e plam to mdlcate such Revl~e pnor to 0 0 \ .. La ndscapm g: The land~cape plan IS minimal - a fullland~eape plan whIch eomhments the archltectura] style of the bUilding and enhances the ~Ite plan will be reqUired pnor to the ]~~uance of a Development Order 2 Pn)v]de the tree canopies of ALL trees w]thln 25' of the property ]lne~, and mdlCate on ALL sheets of plans ** There 1S an oak tree located near the ~outh end of the property Ju~t cast of the dnveway and ]t has no canopy 1I1dlcated Is th]~ tree to be removed? If so adjust p]an~ accordmgly Parks and RecreatIOn: To be able to determme credit for ex]stlng conditIOns, the sIte date table needs to mclude # of eXlstmg re<'ldentl31 Units Open Space and RecreatIOn Impact Fees are due pnor to ]~suance of bUlldmg penmts Plea~e contact Debbie Richter at 727-562-4817 Stormwater. 1) PrOVide calculatIOns for eXisting and proposed conditions for site only 2) Provide calcu]atJon~ for off site flow and demonstrate that through SIte conveyance feature~ are suffiCient 3) Provide copy of agreement With Harbor Oab for u~age of theu pond 4) PrOVide calculatlOns demonstrating that ex]stmg pond Will not exceed current d]~charge rate~ and wlll recover water quality volume wlthm 24 hours All of the above pnor to DO Sohd Waste. Include Dumpster enc]o~ure m detail sheet Traffic Englllccnng: 1 Roadway WIdth mu~t be 24' WIde from edge of pavement to edge of pavement 2 Dnveway mu~t have a mlnlmUm length of20' from faec of garage to edge of pavement ., Show 20' x 20' slght VISibIlity tnanglc~ at the mtersectlon and dnveway<, 4 Dnvers backmg out of garage must have adequate V1Slb]hty 5 All of the above to be addressed pnor to DO ] raffic Imapct Fee to be determmed and pd]d pnor to CO Plannmg GUldehne reqUIrement Clanfy where HV AC and other utJhty clements (mcludmg wlfe1e~~ commUtllCatlOn eqUipment) are to be placed They mu~t be placed 111 the least obtru~lve 10catlOns pOSSible and otherWIse ~(,feened from View, pamted to match the bulldmg, etc , 2 ProVide the antiCipated pnce range of the umts, 3 GUldehne requirement Clanfy the u~e offene-mg on and around the penmeter ofthc sIte ProvIde the detmls mcludmg height, matenals and colour In add]tlon a drawmg deplctmg the fence will need to be submitted, 4 GUldelme Requuement - PrOVide for mterlockmg pavers, brick or other Similarly textured mdtenal~ for parkmg lot surfaCing and/or accents, Development ReView Agenda ~ Thllr~day, September 9 2004 - Page GUldelme ReqUIrement Provide !'pcclahzed pdvmg matenals/pattem~ where vchlcular and pede~lnan access ways mtcrscct, SubmIt supportmg narrative wIth regard to the Downtown Redevelopment Plan Specifically, how the projeu meets the VISIOn, Goals, ObjectIves and PollGles of the Plan and of the South GatewdY character d I stn ct You Cd n access thl ~ document via http Ilwww myclearwater comlgov/depts/pldnnmg/dlvlslOns/LRp]anlp]an:;,/downtown/llldGx asp You will be looklllg In Chdpter Thrce pages 28 - 35 and 45 - 46 Not all of thc goa Is obj cetl ves and pohcles WIll apply - ~Imply select the one~ that do and then address them 1<; full as to how the proposed developmE-nt IS supported by them 2 Submit the F]exlble Standard Deve]opment entena for attached dwelllllg<; m the Downtown Dlstnct Height The mcrcd<;ed heIght results In an lmproved ~Ite plan and/or Improved deSign and appearance, AU street frontdge 1<; deSigned and used for commerCial purpose~ or 1<; deSigned <;0 that the u~e functIOns m a WdY which wIll contnbute to an actIve urban street envuonment, Off-street Pdrkmg Adequate parkmg IS aV31]dblc on a shared baSIS as determmed by all eXlstmg land uses WI thl n I ,000 feet of thc parcel proposed fo r devdopment or parkmg I s a vallable through any eXl<;tmg or planned and committed pdrkmg faclhtle~ or the shared parkll1g fom1ula 111 ArtK]e 3, DIVISIOn ]4, The deSign of all bUlldlllg<; complies With the Downtown Dlstnct deSign gUldelmes m Dlvl<;lOn 5 of ArtIcle 3 [t I~ ~tated In the appltcatlOn that the Publtx retcntlOn pond wlI] be modified for use by the subject <;Ite [t IS not clear If the owner of that retentIon pond IS dWdre of thIs Some sort ofletter Il1dlcatmg that the property owner ofthe <;Ite on whIch the pond I~ located IS agrecable to the changes ProvIde thiS pnor to the I~suance of a Development Order, 9 Clanfy the ]ocatlOns and types (hclght, colour, matenals eK) of all on~lte hghtmg fixtures, 10 That dll slgnage meet the reqUlremenb of Code and be limited to attached Slgn~ on the canople<; or attached duectly to the bUl]dmg and be archltecturally-mtegratcd WIth the deSign ofthc blllldmg WIth regard to proportIOn, color, matend] and fimsh d'" part of a final Comprehensive Sign Program package (as reqUIred) submitted to and approved by Staff pnor to the Issuance of any <;Ign penmt!> whICh mcludes that , "\ 5 I , 6 7 8 a All signs be de<;lgned as part of an overall theme that respect, enhance and contnbute to the archltectura] style, dctallmg and clements of a buddIng, b All signs conSI<;t of deSIgn, colors, matenals, SIZC, <;hape and methods of 11IumlOatlOn whIch remforce the overall deSIgn of the fal;ade, c A II attached '"lgnS are m~talled so the method of InstallatIOn IS concealed or made an mtegr d] part ofthe deSIgn of the sIgn, d All wall Sign'" bc located on flat, unadorned parts of a fal;ade such as the honzontal band between the storefront and second floor or on wmdows, awmng flaps, faSCIa, ctc , and e The letter SIze, letter and word spacmg, font style dnd other desl gn element~ of all signs crGate an overall hIgh qualtty acsthetlc appearance 11 Dlfferenttate the area of the ~Ite to split the portIOn Included With thc vacatlOll rcquest and the portIOn ofthc sIte outsIde the pubhc r-o-w ProVide these figures 111 the <;Ite plan ddta table Make sure thLY are cledr]y labeled dS "Publtc R-O-W to be Vdeated" and "Subject SIte" ]nclude the total area ldbeled as "Tota] Area", 12 ClanfY If the sIte wll] be platted mto townhome lots ]fso, d preltmmary plat appllcdtlOn and requued fee WIll need to be <;ubmltted to Staff That eVIdence of filmg of a final plat WIth Pmella~ County be '"ubmltted to Staffpnor to the Issuance of any bUl I dlOg permits, as appltcable, ] 3 4 That all propo<;ed utllltlC<; (from thc nght-of-way to the propo~Gd blllldmg) be placed underground CondUIts for the future undergroundmg of eXlstmg utlhtles wlthm the abuttmg nght( <;)-of-way shall be Illstalled along the entlre sIte's <;treet fronlage<; pnor to the I<;suance of a Cert1f'icate of Occupancy The applicant's representatIVe <;hall coordmate the ~Jze and number of condUlts With all affected utlhty provlder~ (dectnc, phone, cable, etc ), With the exact locatIOn, <;Ize and number of condlllts to be dpproved by lhe appltcant'~ engmeer dnd the City'S Engmeenng Department pnor to the commencement of work ]4 LdbiJlhe bUlldmg to corre~pond With the "A, B, C, D" labchng of the clevatlOn~, ] 5 C]anfy the sIze of each propo~ed blllldmg, 16 DC!>lgn Gwdelltlc reqlllremcnt Electrlcdl wmng to dll ~Itc hghtmg provIded underground lndlcdte how dectnca! wmng Will bc placed on the <;Ite ] 7 DC<;lgn GUldelmc reqUlremcnt Gutters, downspouts, uttltty boxe~, mcters, etc located as Visually unobtruSively a'" pO<;<;lble Where fea'"lblc, they should not be VISible from the ~treel It IS not Developmcnt ReView Agwda - rhuNldY, September 9, 2004 - Page \' 'II clear how thIs reqUIrement IS bemg met - reVl~e dnd/or cldnfy, 1 R ProvIde the height of the proposed buddmg dS medsured to the mld-pomt of the pCdk of the roof 19 De<;lgn GUldehne requlTement FInished floor hClght<. d mmllnum of two ted dbove the <;Idewalk grade for resIdential bUlldmg~ w1thm prcdommantly mixed use or commerclal areas The submitted grddmg plan IIldlcate<; that the FFE for the umts IS between 075 and I 0 feet above the Sidewalk grade - reV1~e to comply with the DesIgn GUldehnes, 20 De~lgn GUldclme reqUIrement BUIldings that have a dlstmct "base," "mlddlc" dnd "Cdp" The wbmltled devatlom do not indicate a bUlldmg w1th a dlstmet "base," "mIddle" dnd "Cdp" PerhdPs the addItIOn of a water course or simIlar drchltectural fedture would help, 21 Provide the heIghts of the eXIsting bUlldmgs, 22 Cldnfy the Slze of each eXisting bUlldmg, 23 Subm1t d V dCdtlOn Request F11mg Fonn, 24 A I I of the zonmg comments below to be addre~sed pn or to the I ~~Udnee of a Development unle<;<; otherWIse noted, Other: $1 Per the "Downtown Plan", Chapter 3, thcre dTe <,peclfic <;treet<;cape dlagrams deplctmg the reqUlrement~ for comdor<; wlthm the Downtown plan character dlstnct areas I'ledse modIfy your plan~ to meet the reqUlrement<; of this plan Take mto conslderd!lon pldntmg~ propo~cd wlthm your property and the trees m thc nght-of-way to aVOid conflicts Show the areas ~epdrdtely by screening out the dredS rc<;pectlve to wlthm the property and wlthm the nght-of-way, d~ the work In the nght-of-way WIll reqUIre a separate permit dnd dgreemcnt for mamtenance Notes. Development RevIew Agenda - Thur<;day, September 9,2004 - P dge I I ( \ DRC Meetmg Date Case Numbers flLlo04 rLS2S91 97064 TDR2004-06001 !1~sl Harold Court Townhomes. LLC 608 Harold Court DRAFT' , , " " Agenda Time Apphcant Address CITY OF CLEARWATER PLANNING DEPARTMENT STAFF REPORT GENERAL INFORMATION: REQUEST: FlexIble Standard approval to permIt attached dwellmgs (18 umts) wlthm the Downtown Dlstnct under the provIsions of SectlOn 2- 902 C The proposal also mcludes a Transfer of Development Rlght5 (TDR) (two dwellIng umts) which will be reviewed as part of a Level Two Flexible Development apphcatlOn (TDR2004-06001) EXISTING ZONING/ LAND USE: Downtown DIstnct (D), CDB, Central Busmess Dlstnct Clas5IficatIon CLEARWATER DOWNTOWN REDEVELOPMENT PLAN CHARACTER DISTRICT: South Gateway PROPERTY USE: Current Use ~IY~tmISs::r~.[Im Proposed Use Attached dwellmgs (18 umts) ADJACENT/ZONING LAND USES: North West East South Downtown DIstnc Downtown Dlstnct Downtown Dlstnct Commercial DIstnc CHARACTER OF THE IMMEDIATE VICINITY: t\ ~\ S \Planmng Deparlmf'nllC D B\Standmd Fin I Pf''' dmg Cases\3 - UpfoJ Ihe Nell DRClflarold 608 Ifarold Court VJllas (D)IHmold 608 Staff RepOlI doc ) J ~f1 ~l" n :-~ r:-~ j h , l..-1 t".......~ F""~ l :::4) . 'j i: ~~~~ The 0 82-acre Site IS located at the terminUS of Harold Court"approxirn!l'tely 650 feet east of South Fort Hamson A venue lYing between Turner and PIne Streets The surroundIng area IS charactenzed by a vanety of uses includIng retaIl, office, restaurant and govcmmental uses ) The sIte has been developed WIth three one-story bUildIngs rangIng IS SIZC from 720 square feet to 2,264 square feet A 1,612 square foot, two-story bUlldmg IS located on the south SIde of the ::.Ite partIally wIthm the Pme Street nght-of-way A total of ~ dwelhng umts are located wlthm all four bUlldmgs The sIte IS accessed dIrectly off of the termmus of Harold Court VIa a smgle dnveway The proposal mcludes vaeatmg the termmus of the Harold Court nght-of-way conslstm acres This WIll prOVide and additIOnal development otentlal of ~ dwellmo umts C1es ,aM'IN eo 17 S@ ~:IJ ~(iJ(iJfl.- ! 8 f@ site ',at. accessed via one drIveway at the new termmus of Harold Court The site IS acres Without the portIOn of the Harold Court nght-ot-way and has a mmomum development potential of um dwcllmg umts The enttre subject sIte mcludmg the proposed vacatIOn ofa portIOn of the Harold Court nght-ot-way has a maxImum development potenttal of 20 dwcllmg umts Two dwelhng umts WIll be allocated to 830 Court Street (see case FLS2004-06045) VIa a Transfer of Development Rights (see Cd::.e TDR2004-06001) to be used as part of a IS-umt townhome development The proposal Includes locatmg 18 dwelhng umts wIthm four, three story bUlldmgs (two-stones above parkmg) II feet m heIght rangIng between 1,070 square feet and 1,695 square feet Three of the bUIldings WIll contain SIX dwellmg umts Parking wdl be proVIded WIth two-car garages beneath each umt (36 parking spaces) The sIte and bUildings have not been well-mamtalned and all appear to be m varymg stage::. of dlsrepatr All cXIstmg pavement, dnveways and structures will be removed With this proposal The proposal also mcludes the prOVISIOn of penmeter landscapIng around the overall sIte In addItIOn to foundatton planting around thc proposed bUlldmgs The landscape plan should enhance the aesthettcs of the sIte The easternmost bUIldmg faCIng the termInUS of Harold Court along Prospect A venue and Court Street will present Its pnmary facades towards that nght-of-way A second bUIldIng at the south Side of the Site will also present a pnmary fayade towards the Pine Street nght-of-way The remammg bUlldmg facade::. Will be onented mwards to the SIte The bUIldmgs WIll be MISSion style The proposed matellals wtH be stucc...o pamted rose beIge and lIght beige, 611 wmdows With white alummum frames and clay tile roof With a terracotta fimsh All tnm and other archItectural embellishments WIll be pamted white Sohd waste servIces wlll be proVided via mdlvldual black barrels The development IS conSIstcnt WIth the VISIon, Goals, Objectives and PolICIes of the Clearwater Dovlintown Redevelopment Plan as outlmed below It IS also consistent With the mtent and dIrectIOn of the DeSign GUIdelmes currently under development S \Plannlng DepartmemlC f) fJi51andwd FlnlPelldlllg Cases 13 - Upfol Ihe Nnl DRC\Harold 608/1arold Courl Villas (D) I HaraM 608 5wjJ RepOl I do, ~ I i1 ~ , "DRAFT ",' Clearwater Downtown Redevelopment Plan: The sIte IS located wlthm the South Gateway character dlstnct of the Clearwater Downtown Redevelopment Plan The South Gateway IS the pnncIpal entryway to Downtown from the south The DIstnet's location 10 the VICInIty of Morton Plant Hospital and along a travel path for many commuters makes the South Fort Hamson A venue frontage Ideal for commercIal uses Thc frontage along South Fort Hamson A venue should contmue to be rcdeveloped wIth commumty shoppmg uses to serve the nearby neighborhoods, employees and commuters The eXIstmg offices are encouraged to remam and renovate over time capItalizmg on theIr proximity to both the Downtown Core and Morton Plant HospItal The balance of the Dlstnct's vacant and underutiilzed propertIes IS envIsIOned to redevelop wIth reSidential development at an urban scale ThIS strategy has been Identified as a way to stImulate the redevelopment of property m the area and to repOSItion the Downtown as a viable economIC entIty m the regIOn The Clearwater Downtown Redevelopment Plan establtshes cntena agam~t whIch proposals to be located wIt:lun the Plan boundarIes are measured and are dIscussed further m thiS report ThiS propo ,:>a I IS conSIstent WIth the Plan In additIOn, whIle the accompanymg DeSign Gutdehnes are stIll under development, the CIty has agreed to consider proJec.ts pnor to completIOn of the gUIdelmes so that potential projects are not lost to other competmg locatIons In revIewmg thiS proposal, the CIty staff used as gUIdance the eXIsting gUIdelInes, reviewed the gUldelmes of other cIttes and then evaluated altcmatIve deSigns with the developer to achieve a deSIgn solutIOn that mects the goals of the Clearyvater DovvntoYVn Redevelopment Plan, the mtent of the eXIstmg DesIgn GUldellOes and the DeSign GUIdelInes currcntly under development I I I I I I I I I I I I I The proposal IS conSistent wIth the VIsIOn, Goals, Objectives and PohCIes of the Clearwater Downtown Redevelopment Plan mc1udmg VIsIOn Downtown wdl be an mtegrated commumty wlth a mix of retad, resLdentwl, office and recreatlOnalopportumtles The development of a vanety of resldentwl prOjects to attract new reSidents to Downtown 15 cntlcal to the success of a revLtahzed Downtown ThiS project Will proVIde a neIghborhood-scale townhorne use on a SIte currently occupIed by several decaymg, _famIly dwellmgs and furthers thiS VISIOn statement 2 VISiOn Quahty urban deSign IS cntlcal to new constructIOn and renovated buddll1gs The proposed bU11dmg Incorporates a IMIssiOn style of archltccture (Identified wIthm the DeSign GUldehnes and an appropnate style to use wIthm the Downtown Plan ared) The bUlldmg utilizes hIgh-quality matcnals such as cement stucco, decorative tile work and terracotta day roof tiles pamted attractive earth-tonc colors and furthers thIS VI~iOn statement 3 VISIOn An adequate parkmg supply must be avadable coterminOus wllh new uses The propo~al mcludes 18 dwellmg umts and proVIdes 36 parkmg spaces onSIte where 27 are reqUIred and furthers thIS V1SlOn ,:>tatement S IPlannmg Dfpm/menlle 1) /J\Standard F1edPendlllg Cases 13 - Up fa! lite Nerl DRC\Har old 608 Harold Cow I hllas (D)IHarold 608 Staff Reporl do, . ~ l)" n The ellmmatwn of blIghtmg condItIOns and the revltahzatwn of the e.ustmg and expanded eRA are critical to the future health of Downtown The ~Ite IS occupied by four decaYing bUIldings and a generally poorly malntalncd site The proposal will provIde a new resIdentIal use and furthers this Vl"llOn statement 5 Goal 1 Downtown shall be a place that aftl acts people for hvmg, employment and recreatIOn The City shall encourage redevelopment that will attract residents and ViSItorS to Do\Vntown as a recreatwn, entel tamment and shopping destlnatwn ThIS project will provIde four attractive new bmldmgs housmg 18 dwelling umts furthenng thIS goal of creating a VIbrant downtown 6 ObjectIvc 1 A All development wahin Downtown 5ha// further the goals, objectives and polICieS of thiS Plan and shall be consistent with the character district:;, the deSign gUidelines and the Downtown zonmg district Thc proposal provIdes 18 attached dwelhngs as part of an clttractlvc development whIch replaces a prohibIted use withm the Downtown DIstnct (vehIcle sales) 7 Objective IG Re.'>ldentwl uses In Downtown are encouraged WIth a variety of densIties, housmg types and affordabdlty consistent With the chwacte! districts The proposal mcludes 18 attached dwelhng umts ranging III pnce between _~I$~ The umts will be between 1,070 square feet and 1,695 square feet III size 8 ObjectIve 2A The Downto\Vn street grid should be mmntalned to proVide multiple access pomts In and through Downtown, to assist In dl.'>persmg traffic on Va! lOUS routes and contribute to Improved tl alfic operatlOns VacatIOn of streets shall be evaluated based on redevelopment potentwl provided alternative access eXi.sts or can be provided The proposal Includes the vacation of the termInUS of the Harold Court nght~of-way, As Harold Court ]S not a through street the vacatIOn will not altcr or In cloy way act as a detnment to the eXIstIng traffic flow of the surroundmg area 9 Objective 3D Redevelopment IS encouraged to create a Vibrant Downtown environment contaullng a variety of buildmg forms and styles that respect Downtown's character and heritage The proposal mc1udes a new, well-deSIgned bUIldIng utlhZlllg a MISSIOn style of architecture mcorporatmg hlgh-quahty matenals and an attractive earth-tone colors 10 Pollcy 1 The deslgn gUidelme:, establIsh the quahty and dcslgn feature.'> expected for ' renovatIOn, redevelopment and new constructIOn In Downtown with which all projects must be conSistent The proposal meets all of the reqUIrements of the DeSIgn GUldelmes mc1udmg hmItlllg access pOllltS to SIde streets, locatmg parkmg beneath the bUIldmg and otherwls buffenng it from adjacent publIc flghts-of-way WIth landscaplllg and fences, provldmg a attractive, appropnately deSign bUlldmg utlhzmg a MISSIOn style of archItecture S If'lwmrng Depw Imenlle D BlSWndw d rte~ Il-'endmf; Case~ 13 - Up for Ihe Ne rl DRClI farold (,08 Hat old Coun Villas (D) II-{arold 608 Slaff Rppon doc ,- I . \[ . '\ , .: DRAFT II Pohcv 2 The character of each dlstnct 5hall be remforced through the sIte plan and desIgn review process Projects shall be comlstent wllh and contnbute poslllvely to the vmon of the character dlstnct m 1;vhIch illS located The proposed development wIll eontnbute posltlvety to the V1SlOn of the character dlstnct by provIdmg a l11gh quahty, attractIve resldenttal use and cltmmatmg a prohIbIted use (vehicle service) 1_ 12 POlICY 3 The deSign oj all projects m Downtown 5hall make meanmgful contributIOns to the pedestrian environment through 5lle and buddmg deSIgn The proposal mclude5. four attractive three-story bUildIngs, In scale wIth other bUlldmgs In the area, located at the tem1InUS of a sIde street ExtenSive landseapmg will be provided which will further enhance the SItC 13 PolIcy 7 Transfer of Development RIghts are perm llt ed for all projects to aSSISt development provIded that both the sendmg and recelvmg slles are located m the Downtown Plan area Approval of Transfer of Development RIghts on a slle may allow an mcrease m the development potentwl In excess of the maximum development potentwl of the applicable character dlstnct All uses of transfer of development rights shall ensure that the receIVing slle remainS consIstent wllh the VlSlon of the applicable character dlstnct The proposal mcludes the transfer of two dwelling umts from the subject site to 830 Court Street (see case FLS2 004-06045) and meets all the reqUl rements 0 f S ectI ons 4- 140 I - 1403 of the Comm um ty Development Codc The transfer of two dwellIng umts will result In a more viable resIdential development for the second SIte The proposal IS consistent With the VISIOn, Goab, Objectives and Pohcles of the South Gateway character dlstnct Ineludmg STANDARDS AND CRITERIA FOR DOWNTOWN DISTRICT (Clearwater Downtown Redevelopment Plan and Section 2-901): STANDARD REQUIRED! EXISTING PROPOSED CONSIS I F~NT INCONSISTENT PERMITTED MAXIMUM FLOOR N/A N/A N/A [X] [ ] AREA RATIO DENSITY 25 du/ac (20 du) ~~ 18 [X]* [ ] IMPERVIOUS SURFACE 1 0 08 072 [X] [ ] RATIO (lSR) LOT AREA N/A 16,992 sq ft 16,992 sq ft [X] [ ] (minimum) LOT WIDTH N/A 125 feet 125 feet [X] [ ] (minimum) HEIGHT 30 - 50 feet 14 feet 27 feet [X] [ ] (maximum) S \PIOllnlllg DepQJ tmell/1C D B1StalldQJ d Iln lPelldmg Casel> \3 - Up fOI the Nn/ DRC\Harold 608 11m old Court I'dla; (D) \I 10! old 608 Staff Rep01t doc 'il ';If#~ ~rii' PARKING SPACES I 5 spaces/umt (20 spaces . ''\ I J 2 spaces/umt (26 spaces) * The proposal mcludcs thc vacation of ~~ square feet of nght-of-way which will provldc :I dwellmg umts for the SltC rcsultmg m a total of 20 dwelling umts Two dwelling umts will be transfcrred from the subject Site to 830 Court Street (see case TDR2004-0600l) N/A [X] [ ] FLEXIBILITY CRITERIA FOR D DISTRICT ATTACHED DWELLINGS: (Section 2-902. C): HeIght The Increased heIght results In an Improvcd sIte plan and/or Improved design and appearance 2 All street frontage IS designed and used for commercIal purposes or IS desIgned so that the use functions m a way which will eontnbute to an actIve urban street envIrorunent Off-street parkmg Adequate parking IS aVaIlable on a shared basIs as determmed by all eXlstmg land uses within 1,000 teet of the parc...eI propo~ed for development or parking IS aVaIlable through any eXlstmg or planned and commlttcd parkmg facIlities or the shared parkmg formula In Article 3, DIvIsiOn 14 3 4 The deSIb'1l ot all bmldmgs complies with the Downtown Distnct desIgn gUidelInes m DIVISIOn 5 of ArtIcle 3 GENERAL STANDARDS (Section 3-913): Development of the land will be m harmony wIth the scale, bulk, c..overage, density and character of adjacent propertIes 2 Development will not hmder or dl."courage development and use of adjacent land and bmldmgs or slgmficantly ImpaIr the value thereof 3 Development will not adversely affect the health or safety of persons residing or workmg In the nCIghborhood 4 Development IS dcslgned to mmlmIze traffic ConsIstent Inconsistent [X] [ ] [X] [ ] [X] [ ] [X] [ ] Consistent Inconsistent [X] [ ] [X] [ ] [X] [ ] [X] [ ] S IPfannlf1g VeparlmenllC D B\Srandard Fle\ !Pendmg Cases\3 - up for the Nnl DRClf farold 608 I {(1l old Courl Vlflas (D) If iarold 608 SrajJ Hepon doc 1\ \ '. Consistent IncoQsRAFT congestIon 5 Development IS conSIstent with the commumty character of the ImmedIate VlC.-lOlty [X] [ ] 6 DeSign of the proposcd development minimiZeS adverse effects, Includmg vIsual, acoustIC and olfactory and hours of operatIon Impacts on adjacent propertIes [X] [ ] SUMMARY AND RECOMMENDATION: The Development RevIew Committee revIcwed the apphcatlOn and supportmg matenals on September 9, 2004 The Plannmg Department recommends APPROVAL of the FleXible Standard Development applIcatIon to permit attached dwelhngs (18 umts) wIthm the Downtown DIstnct under the provIsIOns of SectIOn 2-902 C The proposal also mcludes a Transfer of Development Rights (TDR) (two dwellmg umts) which WIll be revIewed as part of a Level Two FleXible Development applicatIOn (TDR2004-06001) for the SIte at 608 Harold Court, wIth the followmg bases and conditIOns Bases for Approval 1 The proposal compiles wIth the FleXIble Standard Development cntena as a Detached Dwellmg per Section 2-902 C 2 The proposal compiles With other standards m the Code meludmg the General ApplicabIlIty Cntena per SectIon 3-913 3 The proposal IS m complIance With the VISIon, Goals, Objects and Pohcles of the Clearwater Downtown Redevelopment Plan and the South Gateway character dlstnct 4 The development IS compatIble With the surroundmg area and wlil enhance other redevelopment efforts ConditIons of Approval I That final approvdl ofthc vacatIon request of the adjacent portIOn of the Harold Court nght-of- way occur pnor to the Issuance of any pcrmlts, 2 That m the event the vacatIOn of the adjacent portIOn of the Harold Court nght-of-way NOT occur that the number of dwellmg umts proposed for the site be reduced from 18 to 16 umts and that any subsequent reVISIOn of the site plan be resubmItted to Staff for a Level Onc or Level Two reView, as the case may be, 3 That eVlden("e of filIng of a final plat With Pmellas County be submitted to Staff pnor to the Issuance of any bUlldmg permits, as applicable, 4 That the final buddmg elevations mc1udmg final colors and bUlldmglroof/wmdow/tnm/etc matenal samples be submItted to Planmng Staff, pnor to ISSUllilce of a bUlldmg permIt, and be conSistent With the elevatIOns dated submItted March 11, 2004, 5 That any futurc changes to the bUlldmgs (color, matenal, deSIgn, fencmg, etc) be reviewed by the Planmng Staff, S IPlannmg IJepmtmentlC D BISlam/ard rJe\IPendmg Cased3 - Upfor Ihe Ne\! DRC1Harold 608lfmold COlli I Vlilas (D)\Har old 608 Staff Report doc DRAFT ~---'-"'iE'"--' ,. ~\ 6 Thdt all slgnage mect the requirements of Code and be hOllted to attached SIgnS on the canopIes or attached dIrectly to the building and be drchltedurally-mtegrdted with the des,lgn of the bUIlding wIth regard to proportion, color, matenal and finish as part of a final ComprehensIve Sign Program package (as reqUired) submitted to and approved by Staff pnor to the Issuance of any sign penmts which meludes that a All sIgns be designed as part of an ovcrall theme that respect, enhance and contrIbute to the architectural style, detatlIng and elements of a bUlldmg, b All sIgns cons,lst of deslgn, colors, matenals, SIze, shape and methods of IllummatIOn whIch remforce the overall desIgn of the fayade, G All attached SIgnS are mstaIled so the method of mstallatIon IS concealed or made an Integral part of the desIgn of the SIgn, d All wall Signs be located on flat, unadorned parts of a fayade bUGh as the hOrIzontal band between the storefront and second floor or on wmdows, aWning flaps, faSCia, etc , and e The letter SIze, letter and word spacmg, font style and other deSIgn clements of all SignS create an overall high quality aesthetIc appearance 7 That all proposed utilitIes (from the nght-of-way to thc proposed bUlldmg) be placed Underb'TOund CondUits for the future undergroundmg of eXIstIng utIhtIes wIthm thc abuttmg nght(s)-of-way shall be m&tdlled along the entIre sIte's street frontages pnor to the lssuance of a CertIficate of Occupancy The apphcant's representative shall coordmate the size and number of condUits wIth all affected utIlIty prOVIders (eleetnc, phone, cable, ete), with the exact locatIon, size and number of condUIts to be approved by the applIcant's engmeer and the City's Engmeenng Department prIor to the commencement of work, 8 That revIsed plans be submitted whIch accurately depict all reqUired erosIOn and sedIment control techmques Prepared by Planning Department Staff Mark T Pany, Planner S IPlanmng Depw Imenlle D BISwndard Fin IPendmg Cases 13 - Up for Il1e Ne\1 DRC IHaI old 608 Hal old CaUl ( Villas (D)\HaI old 608 Slaff RepoJ 1 doc JI ~ ~l ,.~ ;- ,. 1" ~ yflFUOg ,l~.;' [\L "'#,. ,;' "\\;{'\. OF rlli 'Ii""" ) _\ <j ,r"u", ~j'h- '\-'~ ~t~ ~....v,)............ ~ "'" ,.' , ~"- :;,L':. ~1f"~.' ,II ~ -:- ",," ~ .~;. ~ "7"/ .... -r\ Q !,jll:"":":- - -~~.~.. "~._. - 0,....,... ,':'f"I'l-. ~'" '~.~~. - . ~~ ,. ....... _ j,J \ ~ /f."Q,.." ",~" <>.......;tjTef\." J ~ ~ Q4o/J/JD CITY OF CLEARWATER LONG RA,\lGF PLANNING DEVELOPMENT REvlEW PlANNING DEPARTMENT POST OFFICE Box 4748, CIFARWAThR, FLORIDA 33758-4748 MUNICIPAL SFRVlcrS BUlI.DING, 100 SOUTH MYRTLE AVENUE, CLEARWATER, FLORID" 33756 TELI:PHONF (727) 562-4567 FAX (727) 562-4576 March 18, 2005 Mr James Landers Harold Court Townhomes, LLC 2506 MacDIll Avenue, SUIte A Tampa, FL 33629 FilE Development Order regardmg case FLS2004-U 1054 at 608 Harold Court RE Dear Mr Landers ThIS letter constltutes a Development Order pursuant to SectIOn 4-202 E of the Connnumty Development Code. On September 9, 2004. Development ReVIew CommIttee (DRC) revIewed your apphcatIOn for FlexIble Standard Development approval to permIt attached dwellmgs (18 umts) wlthm the Downtown Dlstnct under the provlSlons of SectIon 2-902 C. The DRC recommended approval of the applIcations wIth the followmg bases and condItIOns Bases for Approval I The proposal complIes WIth the FlexIble Standard Development cntena as a Detached DwellIng per SectIOn 2-902 N 2 The proposal complIes WIth other standards m the Code mcludmg the General ApplicabilIty Cntena per SectIon 3-913 3 The proposal IS m complIance wIth the V lSlon , Goals, Objects and PoliCies of the Clearwater Downtown Redevelopment Plan and the Downtown Core character dlstnct 4 The development IS compatIble With the surroundmg area and WIll enhance other redevelopment efforts CondltIons of Approval I That final approval of the vacatIOn request of the adjacent portion of the Harold Court nght-of-way occur pnor to the Issuance of any permIts, 2 That eVIdence of filIng of a final plat WIth Pmellas County be submitted to Staff pnor to the Issuance of any bUlldmg permIts; 3 That the final bUlldmg elevatIOns mcludmg final colors and bUlldmg/roof/wmdow/tnm/etc matenal samples be submItted to Plannmg Staff, pnor to Issuance of a bUIldmg permIt, and be conSIstent WIth the elevatIons dated submltted February 14,2005, 4 That a copy of an agreement WIth Pmellas County permIttmg a tIe-m of the development stonnwater system mto the County's storm system VIa an 18-mch ERCP be submitted to Staffpnor to the Issuance of any permits, BRlAJ'\lJ AL'N(,~I, MA,OR 1 RAN ~ I ItBI1,IIU), VI(f MA \ (lR 13111 [O"\ON, COl'NClL"tf\lh[k * Hon J-L \.1111I ON, COlINU 1.11[11 HER CARl fN A Pr II R~r'\l COLIN! ILIII \llll R "EQu'\l E.IlI'lOl,\ILNl ANI) AI rtl\~L\lIVr '\(.IION !:\IPlO'l ER" March 18, 2005 Landers - Page Two '" !> ~,; 5 That final stonnwater plans be submItted to and approved by Staff which mdIcates that the storm event the sIte IS subject to IS based on the type of outfall aVailable For example, a 25-year event IS applicable If a posIttve outfall1S accessIble, 50-year event IS applIcable for detentton areas Without outfalls and 100 year event IS applIcable If no outfall IS avaIlable and overflow IS onto pnvate property, 6 That any future changes to the bUlldmgs (color, matenal, deSIgn, fencmg, etc) be reviewed and approved by the Plannmg Staff, 7 That all sIgnage meet the reqUIrements of Code and be archl tecturally-mtegrated WIth the deSIgn of the bUIldmg WIth regard to proportIOn, color, matenal and fimsh as approved by Staff pnor to the Issuance of any Sign permits whIch mcludes that a. All SIgnS be desIgned as part of an overall theme that respect, enhance and contnbute to the archItectural style, detallmg and elements of a bUIldmg, b All SIgnS consist of deSIgn, colors, matenals, SIze, shape and methods of IllummatIOn whIch remforce the overall deSign of the fa~ade, an~ ' c The letter SIze, letter and word sIfiacllig,~.:ront. style and other deSIgn elements of all SIgnS create an overall hIgh qualIty aesthetl&<af)peaF3RCe 8 That all proposed utIlIttes (from the nght-of-way to the proposed bUlldmg) be placed underground CondUIts for the future undergroundmg of eXIstmg utIlIttes wIthm the abuttmg nght(s)-of-way shall be Installed along the enttre SIte's street frontages pnor to the Issuance of a Certificate of Occupancy The applIcant's representattve shall coordmate the size and number of condUits WIth all affected utIlIty proViders (electrIc, phone, cable, etc ), With the exact locatton, size and number of condUIts to be approved by the applIcant's engmeer and the City's Engmeenng Department pnor to the commencement of work, 9 That reVised plans be submitted whIch accurately depict all reqUIred erOSion and sedIment control technIques, 10 That all uttlIty eqUipment mcludmg but not lImited to WIreless commurncatIOn facllIttes, electrIcal and water meters, etc be screened from view and/or pamted to match the bUlldmg to whIch they are attached, as apphcable pnor to the Issuance ofa Certificate of Occupancy, 11 That all Fire Department reqUirements be met pnor to the Issuance of any permits mcludmg but not bmIted to the followmg a That a site plan mdIcatmg that all FIre Department Connecttons adjacent to any vehIcular use areas be Identtfied by a Sign that states clearly reads, "No Parkmg, FIre Department ConnectIOn" deSIgned m accordance WIth FIonda Department of Transportatton standards for mformatIOn sIgnage and be mamtamed With a clearance of 7 5 feet m front of and to the Sides of the applIance as reqUIred per Flonda Fire Prevention Code, 2001 EdItlon, modIficatIOn to SectIOn 3-56 ofNFPA 1 be submItted to and approved by Staff, , b That a SIte plan that a SIte plan which mcludes Signed and sealed drawmgs that have been prepared by or under the dIrectIOn of an Engmeer regIstered under F S 471 025 and F S Chapter 471 for all fire spnnkIer systems as per FlOrIda BUIldmg Code, 2001 EdItIon, Sec 104 4 1 3 be submItted to and approved by Staff 12 That Open Space and Recreatton Impact Fees be paId pnor to the Issuance of any permits, 13 That the data table be corrected to reflect 16 dwellmg umts pnor to the Issuance of any permIts, and 14 That TransportatIon Impact Fees be paid pnor to the Issuance of the first CertIficate of Occupancy . ' ./ .March 18, 2005 Landers - Page Three I concur wIth the findmgs of the Development ReVIew Committee and, through thIS letter, approve your applicatIOn for flexible Standard Development with above 14 condItIons The approval IS based on and must adhere to the site plan dated receIved February 23,2005 and perspectIves/elevattons dated submitted February 14,2005 Pursuant to SectIOn 4-303, an applIcatIOn for a bUIldmg permIt shall be made wIthm one year of Flexible Standard Development approval (March 18, 2006) All reqUIred certIficates of occupancy shall be obtamed wIthm one year of the date of Issuance ofthe bUIldmg permIt TIme frames do not change WIth succeSSIve owners An extenston of tIme may be granted by the CommunIty Development Coordmator for a penod not to exceed one year and only wlthm the ongmal penod of valIdIty The Commumty Development Coordmator may approve an addItIonal extenston of ) tIme not to exceed one year for good cause shown and documented m wntmg The coordmator must receIve the request for this extensIOn wlthm the one-year penod of valIdIty after the ongmal tIme extension The CommunIty Development Coordmator may approve an additIonal extensIOn of tIme not to exceed on year for good cause shown and documented m wntmg The coordmator must receIve the request for thIS extension wlthm the one-year penod of the vahdlty after the ongmal extenSIOn The Issuance of thIS Development Order does not relIeve you of the necessIty to obtam any bUIldmg permIts or pay any Impact fees that may be reqUIred In order to faCIlItate the Issuance of any permit or lIcense affected by thIS approval, please bong a copy of thiS letter WIth you when applymg for any permIts or lIcenses that reqUIre thIS pnor development approval If you have any questIOns, please do not heSItate to call Mark Parry, Planner ill at 7275624558 Zomng mformatIOn IS aVaIlable through the City'S webslte at hUr //www myclearwater cornl VIa the "ZomnglParceI Maps (GIS)" lInk and "CIty Codes" lInk both under "ServIces". Smcerely, CynthIa H. TarapanI, AICP Plannmg DIrector S \Plannmg Departmenl\C D B\Flex Standard (FLS)\Inacl1ve or FinIshed Cases\Harold 608 Harold Court VlIlas (D) - Approved\Harold 608 Development Order doc . . fa(J(llUTD/7/;> ~~l~(. !M.O' illl. b....". ,I}~ ~~..ml 1t}~ ,\~~tlli 4'"....~~?r~~ ~~..,.)VJM\ "i\~ qCfij~::-f"",}1Y J 1 . <<;::('1 ,,_" .= q" ,...".11 "''!.",.;l;'. ~ :-..!q QU'. -:.-...=..- ~q ...-....?~~~. ,,~-;\ ..74 .,..... .' " ~ 11/.~'J~'\;" "~....)ITE\\'~f ,t' 84.8; I1r~ CITY~ OF CLEARWATER PlANNING DEPARTMENT PmT OFFICE Box 4748, CLEARWAll R, FLORIDA 33758-4748 MUNICIPAl. SJo.RVlCES BUilDING, 100 SOUTH MYRnr AVENUJo., CLEARWArJo.R, FI ORlDA 33756 1 ELEPHONE (727) 562-4567 FAX (727) 562-4576 LONG RANcr PI.ANN1NG DEVFI OPMJo.N r REVIFW October 5, 2004 Mr James Landers Harold Court Townhomes, LLC 2506 MacDIlI Avenue, SUIte A Tampa. FL 33629 RE ApplIcatIOn for FlexIble Standard Development approval to allow fO~ residentIal development project 10 the Downtown Dlstnct (Case NQ.. FLS2004- 0754,608 Harold Court). Dear Mr Landers The Plannmg staff has reViewed your applIcatIon for Flexible Standard Development approval as lIsted above for property located at 608 Harold Court After a prehmmary reVIew of the submItted documents, staff has determmed that the applIcatIOn IS complete The Development ReView CommIttee (DRC) schedules the apphcatIOn for reVIew for suffiCIency on November 12,2004 Please note that thIS letter addresses completeness Items only If you have any questIOns, please do not hesltate to call me at 727-562~4553 You can access zomng 1OformatIOn for parcels wIthm the CIty through our webslte' http //www mvc1carwater com! S1Ocerely, Mark T Parry Planner III S \P/annmg Department\C D BlStandard FlexlPendmg Casesl] - Up for the Next DRC\Harold 608 Harold Court VIllas (D)\Harold 608 complete Leller II doc BRlIIN J AUNGST, MAYOR CO,\I~lI~S]ONrR HOYT HAJ\HIl 0", V](J iv1AYOR-(()MMI~~]ONrR \V~IlTN~l G RA\, (m.\i'.\Is,IQI'.I R FRAN.. HIBBARD, COMMI~S]ONFR * Bill JONSON, (01\\1>\1)5101'] R "EQUAl EM]'] OYMI NT AND ArrlRMA1IVI I\C1101\' [MPI O\TR" ~ ~jJ D IF?.,.#"... ~~ll.\~lpF r! 1:' .............. ,~~~-J: '~""~6~,.._17x",, ~!~ii ....~:.,,&.'Qo ~~ l l J elW'CSo;. .,. ';. I) ~,"kn,v) 1-: ~ '" ~~~-~-"",~<>:lt.<l ,__ ==--~' , .......l:l ~~~k =- , ~'" "',,":':.-= ~"" ~~....~---- ,,~,,:\ 0;:;1" -__ -"-'~~~IJ \. "" ~"........" ~~ ~\ .,.......""~1E~'o,,.t #-41J/8 , ~ '.. .:... CITY OF CLEARWATER PlANNING DEPARTMENT Posr OcflCE Box 4748, CLEARWATER, FIORJDA 33758-4748 MUNIC1P4.l ScRV1ChS SUlillING, 100 SOUTll MYRll f AVFNUE, CLEARWATfR, n ORlDA 33756 TnfPHONf (727) 562-4567 FAX (727) 562-4576 LO"lG RANGe PlA.'1NlNG Drvn OP\IENT REvlnv August 5, 2004 Mr James Landers Harold Court Townhomes, LLC 2506 MacDIll Avenue, SUIte A Tampa, FL 33629 RE ApplIcatlOn for FlexIble Standard Development approval to allow for fALl residentIal development project m the Downtown DIstnCt (Case No FLS2QQ4 0754, 608 Harold Court) Dear Mr Landers' The Plannmg staff has revIewed your apphcatlOn for FleXible Standard Development approval as hsted above for property located at 608 Harold Court After a prelImmary revIew of the submitted documents, staff has determmed that the applIcatlOn IS complete The Development ReVIew ConnTIlttee (DR C) schedules the applIcatIon for reVIew for suffiCIency on September 9, 2004 A prevIOus complete letter was sent by the CIty ThIS letter mcludes a lIst of Items/data to be submItted and/or clanfied The followmg Items/data shall be subnutted to Staff and/or clanfted by August 27, 2004 1 VacatIOn Request FIlmg Form (attached), 2 Subnnt the FleXIble Standard Development cntena for attached dwellmgs m the Downtown DIstnct . Height The mcreased height results 10 an Improved site plan and/or Improved deSign and appearance, . All street frontage IS deSigned and used for commercIal purposes or IS deSigned so that the use functIons In a way which wIll contnbute to an actIve urban street envlTonment, . Off-street parkmg Adequate parkmg IS aVaIlable on a shared baSIS as determmed by all eXIstmg land uses wlthm 1,000 feet of the parcel proposed for development or parkmg IS aVaIlable through any eXIstmg or planned and comrmtted parlang faCIlItIes or the shared parlang formula In ArtIcle 3, DlvlslOn 14, BRJAN J AUNGST, M,WOR-C.OM~II<;SJONJ R lion j ltlj\t111 ON, VJO MA,UR COMMI<;SJONrR WHI rNfY CrR.\" (O\t\II~~IOMR fRANJ>.. HIBBARD, COMMI~SJONrR * BIJ I JONSON, CO\t~II'~IO"1 R "LQUAl EMPl OYMfN rAND AH 1 M1J\ I [VI. Ac J ION FM PI OYFR ~ August 5, 2004 Landers - Page Two · The design of all bUlldmgs complies wIth the Downtown DIStnCt desIgn gUldehnes 10 DIvIsIon 5 of ArtIcle 3 3 SIze of each eXlst10g bUIldmg, 4 Size of each proposed bUlldmg, 5 Four-sIded, rendered, scaled, dImenSIOned elevatIons (I dId speak with John today and he SaId that rendered elevatIOns will be submItted by 8/5/04 so I expect that thiS letter and those elevatIOns wIll cross), 6 SubITIlt supportmg narrative WIth regard to the Downtown Redevelopment Plan Specifically, how the project meets the VISIOn, Goals, Objectives and Pohcles of the Plan and of the South Gateway character dlstnct You can access thIS document VIa h Up / /www m yclearw ater coml gov / depts/planm n gI dl VI SI ons/LRp lan/pi ans/downto wn/mdcx asp You wIll be lookmg 10 Chapter Three pages 28 ~ 35 and 45 - 46 Not all of the goals, objectives and pohcles will apply - sImply select the ones that do and then address them IS full as to how the proposed development IS supported ""-,-. r~' ~ , ~ -th ';:;' I I', uy, em '-'- ! I j L, J. !.:...Lr~: 7.l:.._Rrovlde the antIcIpated pnce range of the umts, _~~8.~-Rrovlde the heIghts of the eXlstmg bUIldmgs, 9 PrOVIde the heIght of the proposed bUIldmg as measured to the mld-pomt of the peak of the roof, and 10 It IS stated m the applicatIon that the Pubhx retentIOn pond wIll be modIfIed for use by the subject SIte It IS not clear If the owner of that retentIon pond IS aware of thIS Some sort of letter mdlcatmg that the property owner of the site on whIch the pond IS located IS agreeable to the changes The followmg Items/data may be subITIlued to Staff and/or clanfled subsequent to the September 9,2004 DRC meetmg 1 Label the bmldmg to correspond With the "A, B, C, D" labelIng of the elevatIOns, 2 The landscape plan needs some work I'll work With your deSIgner, 3 Clanfy the locatIOns and types (heIght, colour, matenals, etc) of all onslte lIghtIng fIxtures, 4 GUIdelme ReqUIrement Provide speCialized pavmg matenals/pattems where vehIcular and pedestnan access ways mtersect, 5 GUIdehne ReqUIrement - Provide for mterlockmg pavers, bnck or other sIITIllarly textured matenals for parkmg lot surfacmg and/or accents, 6 GUidelIne reqUIrement Clanfy where HV AC and other utilIty elements (mc1udmg wireless commUnIcatIOn eqUIpment) are to be placed They must be placed m the least obtruSive locatIOns pOSSible and otherwise screened from View, paInted to match the bUlldmg, etc , 7 GUidelIne reqUIrement Clanfy the use of fencmg on and around the pen meter of the site ProvIde the details Includmg height, matenals and colour In additIOn a drawmg deplctmg the fence will need to be submitted ( ) '"' August 5, 2004 Landers - Page Three 8 DesIgn GUIdelIne reqUIrement BUIldmgs that have a dIstmct "base," "nuddle" and "cap" The subnutted elevatIOns do not mdIcate d bUIldmg With a dIstmct "base," "middle" and "cap" Perhaps the addItIOn of a water course or slIrnlar architectural feature would help, 9 DeSIgn GUIdelme requirement FinIshed floor heIghts a lTIlnImum of two feet above the Sidewalk grade for resIdential bUlldmgs wIthm predommantly nuxed use or commercIal areas The subnutted gradmg plan mdlcates that the FFE for the UnIts IS between 075 and 1 0 feet above the SIdewalk grade - reVIse to comply WIth the DeSIgn GUIdelInes, 10 DeSIgn GUIdelIne reqUIrement Gutters, downspouts, utIlIty boxes, meters, etc located as vIsually unobtruSively as possible Where feasIble, they should not be VISIble from the street It IS not clear how thlS reqUIrement IS bemg met - reVIse and/or c1anfy; 11 DeSIgn GUIdelme reqUIrement Clanfy the matenal and colour of the wmdow frames, and 12 DeSign GUIdelme reqUIrement Electncal wmng to all SIte lIghtmg provIded underground. IndIcate how electncal wmng WIll be placed on the SIte Please note that thiS letter addresses both completeness (top Itst Items one through 10) and suffIcIency (second lIst Items one through 12) Items If you have any questIons, please do not heSitate to call me at 727-562-4558 You can access zomng mformatIOn for parcels wlthm the CIty through our webstte hup //www mycleal watel corn! Smcerely, _------ ./ .------- ~ ,.Vl ---~ ________ r ~-- --.-- Mark T Parry Planner II S \Planmng Deparrmen^C D BlStandaTd FleNendmg Cave,V - Up JOT the Next DROJlaTold 608 HaTold Coun VIllas (D lV/amid 608 complete LelleT doc , ~, 1"""" tfl~W OF rai;r'*' .t~ \)",,,u",;~7x~ \",~....., j #.-.-r,.,.... Ith." \ I ~';. ...':.. It_~~' /~n:.-.. :~:-= "5=(; .~l ~ ~It ':..~~~ .~It -TA'\.... .' ~~\ ...~~~~,.4116~~~~~\ ......"......:4'TE\\"J,'t "~.I,, CITY OF CLEARWATER loNG Rfu'lGF PIAN'IING DEVUOPMrNT REVlFW PLANNING DEPARTMENT POST OHIO Box 4748, Cn.ARWATER, FlORIDA 33758-4748 MUNiCIPAL SERVICFS BUILDING, 100 SOUTH MYRTI.f. AvrNUE, CLEARWATER, FLORIDA 33756 TJ,.mHO'lr (727) 562-4567 FAX (727) 562-4576 August 6, 2004 RE: NOTICE OF FILING OF AN APPLICATION FORlRtlIlE STANDARD DEVELOPMENT APPROV AL AT 608 HAROLD COURT (F~:lUU4-07US4) To Surroundmg Property Owners As a property owner WIthm 200 feet of 608 Harold Court, the City of Clearwater Planmng Department gIVes notIce that an applIcation for flexIble Standard Development has been fIled for that property The request IS to penrut attached dwellIngs (18 umts) wlthm the Downtown Dlstnct under the prOVISIOns of SectIOn 2-902 C The proposal also Includes a Transfer of Development RIghts (TDR) (two dwellIng umts) which WIll be reViewed as part of a Level Two flexIble Development applIcatIOn (TD R2004-0600 1) On September 9, 2004, the Development RevIew Comnuttee (composed of the City's profeSSIOnal staff) WIll review and determme whether the applIcatIon demonstrates complIance with the CIty's Commumty Development Code FollOWIng that reVIew and determmatIon, the Planmng DIrector will Issue a Development Order approvmg, approvmg with condItIons or denymg the applIcatIon The City encourages you to partICIpate In the reVIew process of thiS applIcatIon You may phone me at 727-562-4558 for further InformatIOn, ViSIt our offIce to reVIew the fIles and/or submit wntten comments to be conSidered m the CIty'S reView of the applIcatIon An appeal of the decisIOn of the PlannIng DIrector may be ml tJated by the applIcant or property owners WIthm the reqUired notIce area who present competent substantial eVidence at, or pnor to, the Development RevIew Comnllttee meetmg (September 9,2004) An appeal must be flied, mcludIng an appeal fee, With the Planmng Department wIthm seven days of the date of the Development Order Thank you for your mterest In the City of Clearwater's development review process Please do not heSitate to contact me should you have any questIOns You may access our PlannIng Department through the City's webslte httD Ilwww mvclcarwatel coml or my direct emml address at mark Darry@mvclearwater com SIncerely, Mark Parry Planner II S \Plannmg Department\C D B\Standard Flex\Pendmg Cases\3 - Up for the Next DROCourt 0608 Harold Court Villas (D)\Court 0830 Notification Letter Fonn doc BRIAN J AUNG'i r, MAl OR-( OMMI',',IONrR HOD 111\.\1II10N, VleF MAVOR-COMMI'iSIONFR \XlIiI IN~, GRA; (ml,\t1%IO\1 R FRA1'<K IlllmARrJ, COMMISSI01'<FR (i) Bill JON"ON CO\I,W,SIOMR 'TQU.\,I [MPIDYM~1'< I AN[) AnlR....IA1IV~ Ac I 10,", blPIOYI R" o CITY OF CLI1ARWATER PLANNING DEPARTMENT MUNICIP AL SERVICES BUILDING 100 SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756 TELEPHONE (727) 562-4567 FAX (727) 562-4576 WWW MYCLEARWATER COM ~ Clearwater July 30, 2004 C K S Enterpnses 1696 N Hercules Ave Clearwater, Fl33765 ORI GINAL RE FLS2004-07054 -- 608 HAROLD CT -- Letter of Completeness Dear C K S Enterpnses The Plannmg Staff has entered your applIcatIon mto the Department's filIng system and assIgned the case number FLS2004-07054 After a prelImmary reVIew of the submItted documents, staffhas determmed that the apphcatlOn IS Complete The Development Review Committee (DRC) WIll reVIew the applIcatIon for sufficlencv on September 09,2004, m the Planmng Department conference room - Room 216 - on the second floor of the Mumclpal ServIces BuIldmg The bUlldmg IS located at 100 South MYI,le Avenue m downtown Clearwater Please call Sherry Watkms, Admmlstratlve Analyst, at 727-562-4582 no earlIer than one week pnor to the meetmg date for the approXImate tIme that your case WIll be revIewed You or your representatIve (as applIcable) must be present to answer any questIons that the DRC may have regardmg your applIcatIon AddItIOnal comments may be generated by the DRC at the tIme of the meetmg If you have any questIons, please do not heSItate to contact me at 727-562-4604 or John Schodtler@myc\earwater com Smcerely yours, ~~ John Schodtler Planner I Leller ojComplelenesr - FL'i2004-07054 - 608 HAROLD CT ~ Case: FLS2004-07054 DRC: 09/09/04 CDB: N/A Yes IPNo .' ~ ~ ~ 0 Address: 608 Harok urt " N/A I. SITE DESIGN ~ o 0' ~ o 'RJ Q o o fJ ~ o n ~I ~,O I: fJ 'C o r o D Appropriate C . Retention of the eXlstmg street gnd pattern where It contnbutes to an active pedestnan environment o . Blocks which promote easy pedestnan access and encourage cross-use ~ . Redevelopments that reopen prevIOusly vacated nghts--of-way or create new nghts-of-way ,~ . PrOVISIOn of new vehlc,ular and pedestnan acccss/cIrculatIOn that effectively s.erves the proposed development and VICInIty If a vacation of a nght-of-way IS requested D . Lots whIch mamtam a consistent SIze, scale, pattern and rhythm of the surroundmg block(s) o o o o ,I: , ~ , ~ , ;1 f C f?J ~ o R"l Inappropriate: . Vacatlllg eXIstmg nghts-of-way to form consohdated blocks without provIdmg alternative pedestnan and vehIcular access to serve the proposcd development and vlcImty . Large blocks whIch prohIbit pedestnan access through the block and/or prohIbit access wlthlll and around the development 2. Pedestrian Circulation/Access ApproprIate: . Clearly defined, safe, dlrcct, convement and landscaped pedestnan pathways provIded between streets, parkmg arcas and bUlldmgs . Pedestnan scaled hghtmg such as lIghted bollards, . Vertical elements such as bollards, markers, arches or archItectural detmls . Alleys and courtyards that match or complement either the bmldmg or the pnmary street to whIch the alley connects With regard to matenals, archItecture, wlor and street furnIture (waste receptacles, benches, hghtlllg, etc) . SpeCIalIzed pavmg deSIgn espeCIally where pedestnan and vehicular paths mtersect . Pedestnan passageways WhICh go through bU11dlllgs such as an arcade D I Inappropriate: 'I'll . Developments whIch do not mcludc dIrect access from sUlToundmg streets and parkmg areas Case: FLS2004-07054 ORC: 09109/04 CDB: N/A Address: 608 Haro_ "'::ourt 0 . Large developments whIch do not provide pedestnan walkways through the block on whIch the development IS located 0 r: . Pedestnan passageways too narrow to be useable or not desIgned at a human scale 0 r: . Pedestnan pas~ageways that create an un':lafe environment o .0 ~ l,A; ~ , 6w o r' _I c~ 2 o o B. Access, Circulation and Parkinf!: 1. Vehicular Circulation/Access and Parkinf! Appropriate: . The locatIOn, number and design of dnveways whIch mamtam the urban fabnc of the downtown . VchIcular access from secondary street frontage or alley . Intenor lot access lImIted to the mmlmum number of curb cuts to adequately serve the site . Parkmg areas for townhouse developments located wlthm the mtenor of the development that mamtams the mtef,'TIty of the pnmary fayade as the preferred desIgn For townhouse proJccts located on low traffic-volume "treets wIth site charactenstIcs that prevent 10ternal park1Og, parkmg may be duectly accessed from the street provIded It IS co-located wIth sharcd dnveways . Detached garages and carports servmg smglc- famIly uses located 10 hne with or bchmd thc rear of the pnncIpal bUlldmg . ResIdentIal uses along Clearwater Harbor deSIh'11cd with park10g garage~ or with parkmg areas mternal to the slte/ bUlldmg and scrccncd from Clearwater H..ubor and any abutt10g nght-of-way . Attached garages 10 reSIdential developments, archItecturally mtcgratcd with the desIgn of the pnnclpal structure . Dnveways functIOnally mtegrated mto the desIgn of the development . Jomt/common access dnveways between SItes . Shared parkmg where a mIX of uses creates staggered peak penods of parkmg demand . Parkmg lots located bchmd the pnmary fayade of the pnncIpal bUIld10g . Parkmg lot desIgn that mImmIzes negative Impacts such as lIght glare, exhaust fumes, nOIse and undesIrable VIews . Park10g lots adjacent to nghts-of-way that are screened with eIther a landscaped buffer or a solId wall or fence three feet m height o o , ,0/ '''v ' ^~) pj~ c ~ o ~I I j ! I I I I I I I I I I I I I I I Address: 608 Harolt urt Case: FLS2004-07054 ORC: 09/09/04 COB: N/A 3 } Yes No N/A 010 I! ~' 0 o '%iLlY 0 ) 9 C ~["I 0 o 0, 0 t*" o ~I]it ~ ., % o o M o D ~ c o D 0J 0 ~I 0 'Cl ;t ~ o M Wi o IJ o *" 'i" . Large parkIOg lots visually and functIOnally segmented IOta smaller lots With land::.caped Islands and canopy The use of InterlockIng pavers, bnck or other sImIlarly textured matenals for parkmg lot surfacmg and/or accent5 Parking garages as the pnncIpal uses that are architecturally Integrated With surrounding developments and/or the enVIsIOned character of the area ParkIOg garages as the pnnclpal use WIthIn the Downtown Core located on Cleveland Street, Fort Hamson and Osceola Avenues WIth at least 75 percent of the ground floor of each fayade on all adjacent street frontages occupied by actIve uses ActIve uses mclude restaurant, retail, entertaInment or other uses/features determmed to be pedestnan-onented Parkmg garages accessory to a pnnclpal use thdt are architecturally mtegrated With the deSign, matenals, filllSh and color of the pnnclpal stmcture(s) on the lot Ground floors of parking garages accessory to a pnnclpal usc WIth at least 75 percent of the pnmary facade occupIed by the pnncIpal use/featurcs or other use detenmned to be complementary to the pnncIpal use Upper floors of dll parkmg garages deSIgned to vIsually screen vchlc1es from view from nghts-of-way and public open spaces Screelllng mcludes landscapmg, walls, archItectural elements or other decoratIVe features Parkmg garages With clearly marked pomts of mgress and egress . . . . . . . Inappropriate: . Curb cuts at every sIte . Parkmg lots or garages as the most promment feature of any development . Parkmg garages dIfficult to enter and/or WIth poorly defined entrances . The appearance of a "sea of asphalt" from the nghts-of-way . ParkIOg lots/garages which create an unsafe environment Case: FLS2004-07054 DRC: 09/09/04 CDB: N/A 4 Yes No N/A o c l.o .0 o r n o If o o c n c o ~ ,0 o o o "We rlJfie4 Address: 608 Haro" ":ourt ~ o c. Site Elements: 1. Open Space Appropriate: · Open spaces whIch functIOn as tram,ltlOns between the pubhc sIdewalks and streets and the use of the property (residences, offices, stores, etc ) · Clearly defined entrances mto open spaces with direct access from adjacent streets and adequate buffenng from vehIcular traffic · Open spaces that are vIsIble and mVItmg to the pedestnan · Open spaces which utilize an aesthetIcally coordmated mamage between hardscape (bmldmgs, planters, lIghtmg, walls, fences, pavmg, etc) and landscape (trees, shrubs, annuals, perenmals, etc ) elements · Large open spaces broken mto smaller, human-scale spaces through the use of changes of grade, planters, pots, landscapmg, swlpture, fences, walls, etc · Open spaces desIgned to relate and connect to adjacent propertIes · Formal or mformal seatmg appropnate to thc scale and function of the open space Seatmg may mclude park benches, the tops of garden/planter walls, monumental stairs, etc · The location of publIc art III accesE.lble open spaces deSigned and located so as to ennch the pedestnan expenence and create a stronger sense of place o g ~ o ~ o o 'Rl ~I Inappropriate: · Open spaces not easIly acccssIble from publIc streets or that become unsafe "dead" spots . Lack of seatmg, shade and clearly defined penmeters · Open space that does not relate wIth the uses and bUildIngs surroundmg It o o Address: 608 Harolt JUrt Case: FLS2004-07054 DRC: 09/09/04 CnB: N/A 5 t1~M Yes No N/A ~ o 'II R ~ o o @, ~,~ o c ~ c~ o o ~o FD " ., n o o Rl ~ o ~ .0 .. -, ~ -- /i>""\f 2. Bufferina and Screening !: Mechanical Equipment. Concealed \Virelcss Communication FacilitIes, Loading and Service Areas. o :0 Appropriate: . When located at l:,>rade, mechanIcal and utIlIty equIpment that IS placed m the least obtrusIve locatiOn pos~lble and screened from adjacent properties and nghts-of-way wIth fences, walls andJorlandscaplng . When located on the roof of d bUIldmg, mechamcal equIpment that IS mteb'Tated mto the desIgn of the bUlldmg through the use of parapet walls, towers or other architectural elements . Concealed Wireless commUnIcatIOn facilities (antennas, satelhte dlshcs, etc) attached to bUlldmgs and not VISIble from any public nght-of-way Appropnate concealmg mcthods mclude pamtmg the faCIlIty to match the color of the bUlldmg, concealing the faCility by an archItecturally-mtegrated features, such as the use of faux wmdows, donners, chImneys, parapets, etc or other SImIlar methods . ScrvIce and loadmg areas accessed from secondary streets, screened from adjacent properties and nghts-of-way and placed m VIsually unobtrusIve locatIOns . Sohd waste contamers placed m the most unobtrusIve locatIon pOSSible and ~creened from adjacent propertIes and nghts-of- way o o ~ o M ~ Inappropriate: . SolId waste contamers and servIce and loadmg areas located adjacent to reSIdentially used lots when an alternatIve location is feaSIble . Mechamcal and utIlIty eqUipment that Visually dOillmates a SIte . Freestandmg Wireless commumcatIOn faCIlitIes ~ ~ o o b. Landscaping Appropriate: . Landscapmg compatIble WIth the climatIc condItIons of West Central Flonda that mcludes the use of native plant speCIes and Xen5cape landscape tcchmques . Plant specIes that arc appropnate to the space m wIuch they Will occupy With regard to water needs, growth rates, SIze, etc m order to conserve water, reduce mamtenance and promote plant health o Case: FLS2004-07054 DRC: 09/09/04 CDB: N/A Yes N!'i N/A D 0 . D 0 . n D ~ 'D M ~~ n o D ,r:; r<<} o o D D ,01 4>i y1- / C, 0'- J; r {€ft r;~ 2~ " /!r ^ - ^' " :~ "~~D ~ D o 0': :'>~* ~^:t :b 1>>, ~ o o 6 Address: 608 Haro. "::ourt Landscape desIgn which augments and supports archItectural features of the bUlldmglslte where located Landscape desIgn that vIsually screens unsightly vIews, aesthetIcally 5upports important vIstas and remforce5 the character dIstnct m which It is located . Plantmgs III landscape beds, planter5 or pots that soften the edges between bUlldmgs and pedestnan areas . Trees planted m paved areas provIded with adequate room to grow (landscape beds, tree grates or other protective techmques) . Landscape deSIgn and mamtenance that engenders a sense of personal safety Inappropriate: . Landscapmg used m heu of appropnate architectural detaIls and good bUlldmg deSign . Landseapmg planted wIthout an adcquate lITIgatIOn system . The use of non-hardy plant speCIes . Use of the wrong plant m the wrong space such as plantmgs wIth madequate room to grow and/or plantlllgs lllappropnate for an actIve pedestnan area, etc . Lmdscapmg allowed to become overgrown decreasmg aesthetIcs and safety c. Fences and Walls Appropriate: . Fences and walls that complement and arc conSIstent wIth the pnnclpal structure wIth regard to matenals, texture, SIze, shape and color . The locatIOn, heIght and deSIgn of fences and walls compahble wIth the mtended use, deSIgn of the Site and architecture of the bUlldlllg . Sohd fences and walls along nghts-of-way no hIgher than three feet Any portIOn of a fenGe or wall above threc feet 1ll height that is at least 50 percent open · Posts or columns that mcludc decoratIve caps which extend up to 12 mches above the othcrwl5e allowable fence height · Vertical elements such as p05t5, columns, etc mcorporated mto the deSign of the fence or wall spaced at appropnatc mtervals In relation to the matenals used and overall length Case: FLS2004-07054 DRC: 09/09/04 CDB: N/A Address: 608 Haroh IUrt N/A ~ 0 . Property hnes and pnvate areas defined through the use of fences where feasible 0 0 Inappropriate: n 0 . The portIon of walls and/or fences along a nght-ofwdY b'Teater than three feet m height above grade that are more than fifty percent 50hd li 0 . Cham hnk or barbed wire fences U 0 . Unpamted or unfimshed walls and fences II. BUILDING PLACEMENT A. Location: B. Orientation: C. Separation: D. Coveralre: ~ 0 Appropriate: ~ 0 . BuIldmgs that mamtam the bUIld-to hne or the setback of the development's block and the block(s) across the street Comer lots that maIntaIn the locatIOn pattern for a dIstance of two blocks IncludIng both SIdes of the street 0 ~ . BUlldmgs located farther from the budd-to lme that provIde a courtyard, steps, entrYWdY, arcade, plaza or other pedestnan- onented design features which mamtams the buIld-to hne Ri b 4 rl BUildIngs With reduced setbacks that reflect the predommant *,0, ,: . surroundmg or desired development pattern 0 0 ,~ . BUIldIngs onented to face pubhe nghts-of-wdY ~ 0 0 . Separation between bUIldmgs that prOVide adequate useable ~ space such as an alley or open space comphant WIth the reqUIrements of these GUldelmes Itl 0 . Developments whIch provIde coverage sundar to surroundmg propertIes and/or that meet the deSIred vISion of the character dIstnet '0 ~ 0 Inappropriate: 'C ~ 0 . BUIldmgs that break up the common bUIld-to hne by locatmg farther back or forward than the predommant block pdtterns on the subject's SIte dnd the opposite Side of the street 0 ~J [J . Comer lots that do not maIntaIn the locatlOn pattern for a. distance of two blocks IncludIng both Sides of the street 7 Case: FLS2004-07054 DRC: 09/09/04 COB: N/ A Yes ~IO' N/A 0 .~ '0 . , J C 0 . E. Additional ReQuirements for Character Districts and Special Areas Transition Areas 0 C, l?l Appropriate: 0 0 ~ . Bmld10gs 30 feet or less In height that are setback a mmImum of 10 feet from the Plan Ared boundary G 3tO ~ . BUIldIngs taller than 30 feet 10 hClght that provIde a setback of a minimum of 10 feet plus an addltlonal one foot for each two feet of height above 30 feet III. BUILDING DESIGN A. Form: 1. Mass/Scale: a. Heilrht: ~I~ b. Width: c. Depth: d. Rhvthm/Spacing: 0 0 Appropriate: ~ '0 . BuIldIng fonn whIch visually relatcs to surroundmg bmld10gs and the desired character of the area with regard to mass, scale, height, wIdth and depth n 0 . Bulldlllg~ that have a distInct "base," "middle" and "cap" ,0 0 . Low.nsc buildIngs and/or those with long facade wIdths that accentuate vertIcal elements such as cntrances and columns, or by breakmg up the facade plane Into a greater number of smaller vertical masses n ~I . Mld- and hIgh-nse bUildIngs that utlhze hon70ntal elements that mInimiZe the apparent hCIght of a building such as bakomcs, bandmg, cornIce and parapet lines, et<- a ~ . Hlgh-nsc bUlldmgs that use one or more of the followmg dependmg on overall bmldmg hetght and the cXIstmg or deSired character of the surroundmg area o 8 Address: 608 Haro. "':ourt o BUildIngs separated at a dIstance which preeludes the prOVISIon of GUideline-complIant alleys and opcn space Separatlons between bUildIngs that are out of scale and proportIOn with the dIstnct's CXIstmg or deSIred development pattern . BUlldmgs whIch do not address the pllmary street Address: 608 I-laroll mrt Case: FLS2004-07054 ORe: 09/09/04 CDB: N/A 9 Yes No N/A Ct o o 0 o 0 ~ Rl ["I ~"O ~^ o n ~ n o ^,- .~ 0 ~ 0 o ~ 0 o r;;; 0 ~ , rL, W% ... ~ ~ );;> The width of the uppcr portIOns of bUlldmgs reduced to mmImIze the overall bUIldmg ma~.:, (reducmg the size of the floor plate) );> BuIldmg stones or/stepbacks differentiated by architectural features meludmg but not limited to copmg, balustrades, cornIce hnes, change m matenals, etc );;> Stepbacks uscd as the bUIldmg mcreases m heIght . BUIldmgs that termlllate views emphaSIze their promment locdtIon through the use of additional heIght, massmg, dlstmctIve architectural treatments and/or other dlstmgUlshmg features . Mamtammg a conSIstent bUlldmg depth when feasIble to allow the locatIOn of shared parkmg lots and/or secondary entrances . BUIldmgs which correspond to the eXisting and/or desired rhythm and spacmg of surroundmg bUIldmgs through the use of common pOlllt~ of agreemcnt such as wmdows, doors, recesses, rehef1 and other architectural elements . BuJidmgs WhICh mamtam the eXlstmg and/or desired pattern of the placement and SIze of wllldows, doors, shutters, and other archItectural elements on adjacent bUlldmgs With regdfd to both the ground floor and upper stones . FIlllshed floor heights a IlllnIffiUm of two feet above the Sidewalk grade for reSIdentIal bUIldmgs wlthlll predommantly mixed use or commercIal areas Rl ~ ~ n o ~ [l o n Inappropriate: . BUlldmgs which do not relate to the surroundmg or deSired and envI~loned context and fabnc of the neighborhood With regard to SIze, scale, height. WIdth and depth . Buildmgs that vIsually overpower adjacent bUlldlllg~ . BUIldmgs that do not mamtam a common bUIldmg dcpth based on the predommant lot pattern . BUIldmgs that do not mamtam the eXlstmg and/or deSired pattern of wmdow5. and doors along a block face . Facades on multi-story structures which do not III corp orate meamngful architectural detaIls such as cornIce lmes, bandmg, stnng courscs, columns, recesses, rehef, etc Case: FLS2004-07054 DRC: 09/09/04 CDB: N/A 10 Yes N/A o c n o o M ~ ~ l~ o o o fiCl o D C Address: 608 Haro~ "':ourt ~ R 3. Additional Requirements for Downtown Core along Cleveland Street Appropriate: . BUlkhngs along Cleveland Street taller than thc predommant height of other bUlldmgs on the project's block that stepback at that prcdommant heIght . AdditlOnal stcpbacks used the more the bUIldmg cxceeds the prcdommant heIght o ~ ~ Inappropriate: . BUlldmg widths that vIsually overpower adjacent bUlldmgs o o B. Architecture: Appropriate: · New dcvelopment that Incorporates an archItectural style or architectural clements consistent with the eXistmg and/or desIred style of development m the surroundmg nCIghborhood . New development that complements the archItectural hentagc of the di&tnct m WhICh they are located · MultIple bUlldmgs wlthm a 5.mgle projcet which relate archItecturally WIth each other and the surroundmg neI gh borhood o D Inappropriate: . Use of an archItectural style whIch does not complement the fabnc of the surroundmg neighborhood . Usc of multiple and/or conflictmg architectural &tyles wIthm a smgle bUlldmg or between sevcral bmldmgs wlthm a smgle project o c Facade Des}!!n: a. Primary and Corner Facades Appropriate: . The pnmary facades as thc most hIghly desIgned fayade utlhzmg the followmg element5 );> A change m plane, bUlldmg wall projectlOn or recess, );> ArchItectural detmls, );> Vanety m color, matenal, texture, );> Doors and/or wmdows, );> StoreflOnt display wmdows for retall uses, and );> Other detaIls as appropnate to the bUlldmg style !' ; Address: 608 Harol Case: FLS2004-07054 DRC: 09/09/04 CDB: N/A i',;':"*t%:w~ Yes No N/A ~ It, o l' ~ <~ n ~ ~ r r , o G2; o o '~O "0 cO o ,0 ~ I'~' il'rJW9 "-.- ~~ & rJ c 10 11 o ~JJ ,C '0 i:mrt o . An architecturally prominent entrance wIth door located on the pnmary fayade . Pnmary entrances emphasized through the use of a combmatlOn of >- A protrudmg front gable or stoop, >- PrOjectIOn or receSSlOn m the budding footpnnt >- Vanahon In budd10g heIght, };> Canopy or pOrtICO, };> RaIsed cornIce or parapet over door, >- Arches, >- Colwnns, >- Ornamental and structural archItectural details other than cornIces over or on the SIdes of the bUIlding, };> Towers, and >- Other treatment that emphasIzes the pnmary entrance . Pnmary fayade, 10 keeping with established patterns, whIch Include three artIculated archItectural parts a base, middle and cap The proportlOn of these three elements WIll vary dependmg on the scale of the bU11dmg . Major architectural treatments on the pnnGlpal bU11dmg facade that are contmued around all Sides of the bUIldmg that are vIsIble from the publIc realm . Covered drop-off areas . Open porches . BUIldmgs on corner lots that emphasize then promment locatIOn through the use of addItional heIght, massmg, dIstmctive architectural treatments and/or other dlshngmshmg features . Entrances provIded along each <;treet fayade or a smgle entrance prommently located on the corner o o ~ o ~ ~ c n J nappropriate: . Facades without artIculatlOn or other archItectural detaJ! to proVIde vI~ual mterest and vanety on the facade . PrImary facades wIth an undefined entrance . Entrances not architecturally mtegrated mto the deSIgn of the fayade . BuildlOgS on corners that do not treat each adjacent deSignated street equally . An unfimshed fayade along a street rJ Address: 608 Harol _ourt Case: FLS2004-07054 DRC: 09/09/04 CDB: N/A Yes ~ ~ o o o o r, ~ ~ c ,C; [j iO D Q- c o ]2 N/A o r b. Secondary Facades App rop ria te: . An overall desIgn of the secondary facades of the bUIldmg cons I 5tent wIth that of the pnmary fa9ade wIth regdrd to archltectural style, matenals, fimsh, color and detaIl . ArchItectural embellIshment5, awnmgs, landscapmg and SIgnS used to Identify the secondary entrance . Entrances facmg parkIng lots, plazas and waterfronts o ~ o o Inappropriate: . BUlldmg.:. that do not proVIde an entrance along a secondary faGade . A secondary facade which does not enhance or support the archItectural style of the bUlldmg 'G o r c. Side Facades Appropriate: . An overall desIgn of the sIde facades of the butldmg eonSI5tent wIth that of the pnmary fayade wIth regard to archItectural style, matenals, fimsh, color and detaIl . ArchItectural embellishments, awmngs, landscaplllg and SignS used to ldentIfy secondary entrances If provIded ~ r' o Inappropriate: . A sIde facade WhICh does not enhance or support the architectural style of the bUlldmg IQ ~ d. WindO\\'s and Doors Appropriate*: . Wmdows that are appropnately SIzed for the scale and style of the bUlldmg on whIch they dye locatcd . Wmdows along all street,> . Wllldows withm a bUIldmg/development that creates a conSistent and coheSIve fenestratIon pattern . Wllldows that are SimIlar III proportIOn to wmdows on adjacent bUIldmgs or WIth estabhshed and/or deSired patterns along the adJOlt11ng block faces The degree of sImIlanty of the wmdow pattern mcreases In Importance the clo~er the bU1ldmg5 are to each other . WIndow:::. III commercial areas that are appropnately SIzed and located to allow for display and/or View mta the mtenor of the buildmg 10 r: 10 ~ Address: 608 Harol Case: FLS2004-07054 ORC: 09/09/04 COB: N/A 13 Yes No N/A o C1 r ~1 Q c ~ " 1_, ~ o n o "Q o o r::: ~I ["?, o ~ n h~ o c c Ci ,,~ o ~ ,)Urt ~ . Bulkheads below and transoms above display w1Odows whcn appropnate for the archltcctural style of the bUlldmg . Clear glass (88 percent lIght transmISSIOn or the maximum permitted by any apphcable BUlldmg Codcs) mstalled on ground floor wmdows except for stamed or art glass provIded the stamed or art glass IS 10 character With the style of the bUlldmg (churches, craftsman bUlldmgs, etc ) . Glass block used as an accent . Screen doors provided the deSign IS compatlble With the archItecture and matenals of the bUlldmg . Doors whIch enhance and support the archItectural style of the bUlldmg . Doors appropnately SIzed for thc scale of the bUIld10g fayade on whIch they arc located . Door~ With transoms and fan hghts when appropnate for the archItectural style of thc bUIldmg *Utility/lnfra~tructure and Public Facilities are exempted from the requirement\ ofwmdows and door\ below and are fully addre~\ed m the Sigm and Mi~cellaneou5 5ection ofthe~e Guidelines. o Il M c o Ri o o Inappropriate: . The use of 1Ocompatible wmdow types and shapes on the same structure . MIrrored glass and glass curta10 walls . Storefront wmdows that extend to the ground WIthout a tradItional bulkhead . Tmted or reflcctlVe glass WIth less than 88 percent lIght transmiSSIon . Blackened out wmdows or any other U5e of matenal that achIcves that effect . Boarded up wmdows (except dunng constructIOn or dUrIng a reasonable repaIr perIod or subsequent to a weather adVIsory) . Walls Without wmdows along street frontages . Doors whIch arc out of scale and/or character With the rest of the bUlldmg . Doors whIch do not enhance the archltcctural style of the bUlld10g . More than one style of door per bUlldmg o o c o n Q C o rJ Address: 608 Harol _ourt Case: FLS2004-07054 DRC: 09/09/04 CDB: N/A 14 Yes ~ w II c P'I o o C IJ o c W o o c c G ~ ~~~ '.. N/A 0, o 'n o ~4~ , o o c. Roof DesllW Appropriate: . A roof consu:,tent wIth the style of the bmldmg uhhzmg architectural elements such as comlLe treatments, roof overhangs with brackets, steeped parapets, nchly textured matenals and/or dIfferently colored matenals . MultIple rooftops on varymg levels on large bUIldmgs that help break up the vertIcal mass of a bUIldmg . High-nse bUIldmgs which utIlize sculpted roofs 10 order to estabh&h an 10terestmg and enhanced skyline umque to Downtown Clearwater . Roof shapes conSistent wIth the eXIstmg and/or desIred character of the surroundmg area . The porhon& of bUIld10g stepbacks that are fully fimshed and complement the archItectural style of the bUIldmg and the mam roof ~tructure ~ W '0 ~ o Inappropriate: . Colored stnpeslbands on flat roofs . Mansard roofs . Flat roofs wIth10 publIc VIew from grade not hidden by a parapet or other architectural feature . Roofs 1Oconsistent with the architectural style of the butldmg r;' f. Other Architectural Features ApproprIate: . Shutters and canvas awnmgs Sized to match the correspondmg w1Odow openmgs . Shutters and awmngs the shapes, matenals, proportIOns, desIgn, color, lettenng and hardware of whICh are 10 character with the style of the bUIldmg . Awn10gs made of high qualIty fire~rated/retardant fabnc and a mmmmm of five feet In depth to protect pedestnans from mclement weather . First floor awnmgs placed no higher than the midpomt between the top of the first story wmdow and the bottom of the second story wmdowsIll . HUITIcane shutter&, ifprovIded, fitted as an mtegral part of the storefront deSIgn, not VISIble when not In use and only to be used dunng the hmefrarne m whIch a formally Issued hurne-ane ~ WI: W~p o Case: FLS2004-07054 DRC: 09/09/04 CDB: N/A Yes N/A M rJ C ~ ~ 0 ~ II 0 ~ ~ 15 ,0 r: rJ ~ ~ c: c c c: c ~ -C.l+ ~ "0 ~ Address: 608 Haroh JUrt warnmg 15 m effect ~ . Electromc secunty systems utIlIzed as an alternatIve to secunty bars . Fire stairs/egress desIgned as unobtrusive as possible by matchmg the pnmary structure wIth regard to matenals, deSign and color of the structure Where feasIble, they should not be VIsIble from the street . DeVices which discourage the congregation of ammals (pIgeons, sqUIrrels, etc) placed m the least vIsually obtruslVe locations possible and/or deSIgned to blend m WIth the overall architectural style of the bUIldmg . The mclusIOn of other architectural detaIls and clements (clocks, railmgs, flower boxes, etc ) as appropnate to the style and functIOn ofthe bUlldmg and archItecturally mtegrated With the deSign of the buildmg . Gutters, downspouts, utility boxes, meters, etc located as vIsually unobtruSively a& possible Where feasible, they &hould not be VISIble from the street '~ ~ '0 n c: II o CI Inappropriate: . VISIble, permanent or roll-down secunty bars/gatcs . Solar collectors vlSlble from the street . Awnmgs made of high-gloss or fabncs which appear to be plastic . Backht awnmgs rJ o c 2. Materials and Color: a. Materials Appropriate: . Matenals compatible WIth the eXIstIng and/or deSIred context of the surroundmg area and that are common to the area's hIstonc constructIOn methods/style . BU1ldmgs that are bUilt as high-quality, long-term components to the urban fabnc constructcd as mamtcnancc free as possIble . BUildIng matenals conSIstent WIth and relatmg to the architectural style of the bUlldmg . BUlldmg matenals appropnate to the scale of the bUIldIng . The use of contemporary matenals adapted to hIstonc deSIgn elements c Case: FLS2004-07054 DRe: 09/09/04 CDB: N/A Yes . N/A If ~ . ~ 0 . << " & Q ,0 0 :0 if, r CI 0 II 0 -- *" I t 4' t ~~ ~ ~, ~ it! 1 , 'C . -~ 16 Address: 608 Haro. ~ourt Storefront level and upper levels. that use vIsually compatIble matenals Use of the followmg durable materials withIn the first three floors of all bmldIngs and recommended for all other floors );> Wood, stucco and/or or masonry extenors );> Masonry extenors fimshed m rustIcated block );> Stucco, bnck, stone, ete );> Storefront SIde pIers, when provIded, constructed of the same matenal as the upper fayade or covered with stucco );> Pre-cast, cast-m-place or architectural concrete );> Tile and );> Any other matenal found acceptable by the Commumty Development CoordInator and/or the Commumty Dcvc10pment Board, as apphcable Inappropriate: . Extenor walls and skInS of bUlldmgs deslgned and/or constructed of matenals With a hmlted hfe expectancy . Matenals mcompatIble wlth the archItectural style of the bUildIng . The use of the followmg matenals on bUlldmg exteriors. );> Poorly crafted or "ruStIC" woodworkmg and fimshmg techmques, );> Cedar shakes, );> Plywood (Tl-ll sIdmg, etc ), );> Corrugated, mIll fimsh or reflectIve metal wall panels, );> Expanded metal (except for hmlted decoratIve apphcatlons), );> Mlll fimsh alummum extrus.lOns for wmdows and doorways, );> Unfimshed Concrete Masonry Umts (CMU or cmder block), and );> Any other matenal found unacc..eptable by the Commumty Development Coordmator and/or the Commumty Development Board, as apphcable . The use of the followmg matenals on the firs.t three floors of bUlldmg extenors );> Foam except for arc..hltectural detatls dnd ornamentation, );> Extenor msulated fimsh system (EIFS) exccpt for architectural detatls and ornamentatlOn , );> Hardboard sIdmg, );> Plastic, metal and or vmyl sldmg except for smgle-famlly Case: FLS2004-07054 DRC: 09/09104 CDB: N/A Yes N/A n ~, 0 [j P" r 0 ~ h' 0,0 0 ,1": o o o o o o o o c o c F!JPI' 17 Address: 608 Haro ourt dwellIngs, >- FIberglass paneb, >- Exposed aggregate (rough fimsh) concrete wall panels, >- Indoor-outdoor carpetmg or astro-turf, and >- Any other matenal found unacceptable by the Commumty Development CoordmatOf and/or the Commumty Development Board, as applicable b. Color Appropriate: . The number and type of bU1ldmg colors appropnate for and conSIstent w\th the architectural style . Low reflectance extenor colors . Gutters, downspouts, utJhty boxes, meters, etc pamted as part of the overall color scheme ~ o Inappropriate: . Colors that are gansh, gaudy, loud, exceSSive and ostentatlOus or that constJtute a glanng and unattractlVe contrast to sUlToundmg bUlldmgs . Mam body color that IS from the deepest tones of the color wheel . Marc than three different colors Of color shades used on a smgle bUlldmg unless appropnate to the drc..hltectural style of the bUlldmg . The use of fluorescent or day glow colors . Black as the predommant cxtenor bUlldmg color . Smgle color schemes For example usmg one color on every surface . Clashmg tnm colors that are not wmplcmentary to the lOam body color and serve only to attract attentJon through their dIssonance As an example, yellow and red arc c1ashmg colors and not complementary and only serve to attract attentlOn through theIr dIssonance . A sohd hnc or band of color or group of stnpes used In hcu of archItectural detml . Color used to obscure Important architectural features o n (: o c ,: ~: G o ) o o 3. Additional Requirements for development within the Old Bay District east of Garden Avenue. Appropriate: . Offices that are reSIdential 10 sIze, scale and deSIgn Case: FLS2004-07054 DRC: 09/09/04 CDB: NIA Yes N/A o c ~ ~ r^ 0) + ~ ,0 r:: fJ 18 Address: 608 Harol. ,}Urt w, r:: 4. Development alone Cleveland Street between l\1vrtle and Osceola Avenues and along Fort Harrison Avenue between Drew and Chestnut Streets. Appropriate: . Dcvelopment tncorporatmg an architectural style mdIcatIve of those found m Downtown Clearwater bctween 1900 and 1950* and mcludes };> 20th Century Commercml Vernacular One-story or One- Part, };> 20th Century CommercIal Vernacular Two-Part, };> Art Deco, };> Art Moderne, };> ChIcago School, };> MedIterranean or MIssIOn Influencc, };> McdIterranean ReVIval, };> Neo-ClassIcal, };> Temple Front *See AppendIx A ArchItectural Styles for addItIonal detatls BUlldmgs whIch utIhze character dcfimng features from anyone of the dPplOvcd archItectural styles hsted above through the use of contemporary matenals R o Inappropriate: . Use of multIple andlor conflIctmg architectural styles WIthIn a SIngle buIldmg or between several bU1ldmgs wlthm a smgle proJcct ~, , V SIGNS AND MISCELLANEOUS r:: A. Signs: Appropriate: . SIgnS on a bUildIng and/or SIte deSIgned as part of an overall theme that respect, enhance and contnbute to the archItectural style, detmlmg and elements of a bUlldmg . SIgnS whose deSIgn, colors, matenals, SIZe, shape and methods ofillummatIOn rCllltorce the overall deSign of the fal;fade . Letter SIZC, letter and word spacmg, font stylc and other deSIgn elemcnts of a SIgn that create an overall hIgh qualIty aesthetic appearance . Attached SIgns proportIOnal to the space to which they are attached . Attached SlgnS lllstallcd so the method of mstallatIOll IS r] Case: FLS2004-07054 DRC: 09/09/04 CDB: N/A Yes No N/A o II ~ 0 n o o o o 0 n o 0, o [j [j c o o o o o C' o c 19 ; .~ Address: 608 Haro\ ourt concealed or made an mtcgral part of the desIgn of the SIgn o . Where mdivldual bUlldmgs are located wIth lImIted sIde yard setbacks, attached SIgnS that demonstrate a general alIgnment wIth the o;;lgns on adjacent storefront.s/bUIldmgs, . Wall SIgnS located on flat, unadorned part.s of a fayade such as the hon70ntal band between thc storefront and second floor or on wmdow.s, awnmg flaps, faSCia, etc . Wall SIgnS located tmmedlate1y adjacent to 5.econdary entraces . ProJectmg signs located adjacent to the buildmg entrances or tenant space(s) whIch they serve . Hangmg SIgnS posItIoned perpendIcular to the faydde of the bUIldmg and located adjacent to the bUlldmg entrances or tenant spacc(s) whIch they serve . A wnmg SIgns whIch are permanently affixed (sewn to or screened on) to the valance of thc awmng as part of the overall awmng deSIgn . Wmdow SIgns consIstmg of pamt or decals, etchmgsl engravmgs, neon andlor three-dImenSIOnal lighted SIgnS . BUlldmgs WIth multIple tenants accessed from the mtenor of the bUlIdIng whIch mclude a dIrectory sign ImmedIately adjacent to that entrance . EXIstmg, hIstone SIgns that are preserved or restored . HIstoncally accurate reproduced sIgnage documentcd by physIcdl, documentary and/or pIctonal eVIdence . Changcable copy whIch matches the Sign to whKh It IS attached WIth regard to style, SIze and color o c n o o o c o ~ c n o Inappropriate: . Box/cabmet style SignS . Signs utJhzmg LED or any other electromc changcablc copy . SI&'t1S paInted duectly on the fayadc of a buIldIng unless documented by physIcaIllnstoncal, documentary and/or pIctonal eVidence . Attached SIgns that cover wmdows or other architectural features . ProJectmg SIgnS higher than the top of second story wmdows . More than one hangmg or proJectmg SIgn per busmess . Awnmg signs whIch are affixed to thc awnmg matenal by adheSIve backed-letter.s or other non-permanent methods . Wmdow signs whIch are affixed by tape or other non- permanent methods o I' o [j 'C: Address: 608 HaroL ourt Case: FLS2004-07054 ORe: 09/09/04 COB: N/A 20 N/A o c c c o o N o o 10 Ci. ~C. '" G o o c; ,~ 10 [J [j c c o :0 o ~ LI ."U r: 0 '*0* ; II ;-~~ .r D c Ll . Monument SIgnS on sItes where the pnmary bUIldmg IS located wlthm 15 feet of a front property hne (Note dIstance subject to final detenmnahon of setback/bUlld-to line of the vanous character dlstncts ) . Changeable copy area greater than 25 percent of the sIgn area (WIth the exceptIon of theater marquees) . SandwI(.h board sIgns n o c o B. Lighting: Appropriate: . LIght fixtures that arc deSIgned to respect, enhance and contnbute to thc archItectural style, detaIlmg and element& of a buIldmg . LIght fixtures that rcmforce the overall composItIOn of the fayade WIth regard to color, matcnal, SIze, scale and shape . LIght poles located adjacent to d pubhe nght-of-way that mcorporates the same or SImIlar dcsIgn of hght poles as m the character dIstrIct or complements the deSIgn of the bUlldmg . Attached hght fixtures flush mounted on a wall or soffit . Light fixtures that are recessed In ceIlmgs or otherWise concealed . Llghtmg located m boUards . EXIstmg, histOrIC light fixture& preserved m place whenever feaSIble . HIstorIcally accurate reproduced hghtmg fixtures documented by phYSIcal, documentary and/or plctonal eVIdcnce . Llghtmg whIch Illummates WIthout glare . UtIhty meters, ,>ervIce locatIOns, Wlres, plpmg, boxes, condUIts, etc placed m the most VIsually unobtruSIve locatIOn pos&lble . Electm...al wmng to all SIte lightmg proVided underground . Acccnt hghtmg Illuillll1atll1g slgnage, landscapmg and trees, water amemtIes and other speclal features · An adequate number of light fixtures ll1stalIed to effectively and safely Ilium mate pedcstnan areas o I= c c 10 o o rl ;:' [j Inappropriate: . Exposed spot and floodlight fixtures used on non-reSidential propertIes . LIght fixtures placed III a posItion where eXIstmg or future tree canopy wdl reduce the lIIummatlon levels or otherwise mterfere WIth the light fixture Case: FLS2004-07054 Address: 608 Harol lUrt DRC.09/09l04 CDB: N/ A Yes No N/A 0 rJ 0 . Llghtmg whIch Illummates adjacent propertIes fJ n 0 . LIght fixtures that do not relate to the structure/site wIth regard to matenals, color, SIze, scale and style 0 0 0 . Lighting which IS too bnght, glanng and overpowenng for a space or that IS too dIm to effectively illummate '0 [j II . Neon used to lIght a bUlldmg or as a decorative element exccpt where appropnate to the archItectural style of the bUlldmg I "0 C . Llghtmg whIch results m color distortIOns wlthm pedestnan and vehicular areas C. Property Maintenance: n ~ Appropriate: 0 0 . Regular vIsual mspectlOns of all portlOm. of a bUlldmg such as the foundatIOn, walls, weathcr-stnpmg, roofs, etc 0 0 . Regular mamtenance and repair usmg quality matcnals n 10 0 . Enlistlllg the services of professIOnals n 0 0 . USlllg the gentlest possible procedures for c1eanmg n C 10 . Consultmg a structural englOeer pnor to commencmg any work when structural systems are affected 0 .0 I[J . StablliLlllglrepamng detenorated or madequate foundatmns as soon as phYSIcally possIble C C . Replacmg weather-stnppmg as needed pnor to failure C n . Replaclllg loose or mlssmg roof tiles/shmgles as soon as damage IS observed , 11 C . Regular extenor pamtmg and touch-ups as needed r: ' Q%~ rJ . InspectiOn and replacmg of awnmgs that show SignS of wear, tear, fadmg, etc G 0 C . Regular cleamng and sweepmg or adjacent pubhc property 0 0 rJ . Keeplllg wmdow& clean 0 ~ Inappropriate: 0 0 . Allowmg routlOe mamtenance and repairs to lapse 0 '0 . The use of harsh chemIcals/procedures for cleamng 0 D . Fallmg to test a cleanmg/restoratIOn producUtechmque on a dIscreet locatIOn first 1'0, II . Sandblastmg and other har<;h methods of cleamng that would 1~ " , , damage or otherwise COmprOlTIlSe the butldmg 10 [1 . Poorly attached elements that may fall and mJure people 0 [j . Applymg pamt to fabnc awmngs 11II ... ~&~ 21 Case: FLS2004-07054 DRC: 09/09/04 CDB: N/A Yes N/A Ci ~ 0 0 r ~ r C '. n R"I C1 C1 , ~ r:J ~ 0 0 ~r:J w c o rJ o o o 22 Address: 608 Harm ,ourt D. Pine lias Trail Appropriate: . ProvidIng safe, convement pedestnan connectIOns between the site and the Pmellas Trail . Provldmg amemtIes such as seatIng and/or bike racks Inappropriate: . Properties located adjacent to the PIneHa::. Trml that do not acknowledge It through the use of connectIng pedestnan paths, doors, WIndows, art, etc o E. Utilitv/lnfrastructure Facilities Appropriate: . UtIhty/lnfrastructure facihtIes which vIsually relate to surroundmg bUildIngs and the desired charactcr of the area wIth regard to mass, scale, height, width and depth consistent with the New Constructwn chapter of these gUidelines . Uhhty/lnfrastructure facIhhes that Incorporate an dfchltectural style or archItectural elements consistent wIth the eXIstmg andl or desued style of development m the surroundmg neighborhood conSlbtent with thc New ConstructIOn chapter of these gUIdehnes . UtIhty/lnfrd::.tructure facIlItIes that mamtam the eXIsting and/or desired WIndow pattern and proportIOns through the use of WIndows or wmdow-lIke archItectural details (faux wmdows, recesses, glass block, tIle, shutters, trompe I' oed or other archItectural technIques) and/or other architectural elements . The usc of awmngs, canopIes and sunbcreens . Doorb that enhance and support the archltcctural style of the bUIldmg and are appropnately sl.led for the scale of the bUIldmg fdyade o o o Ci Inappropriate: . Utility/Infrastructure faCIlities which do not relate to the surroundIng or desIred and envIsIOned context and fabnc of the neIghborhood WIth regard to Size, scale, height, Width and depth . Facades on Uhhty/Infrastructure facilities that do not mcorporate meamngful archItectural details such as cornIce Imes, bandIng, stnng courses, columns, reccsses, rehef, etc . Walls Without WIndow::. or wmdow-hke archlteGtural detail::. along street frontages or parkmg areas o Case: FLS2004-07054 ORC: 09109/04 COB: N/A Yes No N/A o o c o G o o o \ C n ~ o 10 0 o f"] CI c O~ C o Ll ~ OliO ~ 23 Address: 608 Harol mrt D . The use of confl1ctmg wmdow types or wmdow-hke architectural details on the same structure . Refle(,tIve glass and/or glass curtain walls . Blackened out/pamted wmdows . Boarded up WIndows (except dunng constructlOn or during a reasonable rcpmr penod or subsequent to a weather adVISory) . Doors whIch are out of scale and/or character wIth the rest of the bUildIng . Doors which do not enhance the ar(,hltectural style of thc bUildIng . Marc than one style of door per bUlldmg o o o c 10 o F. Corporate Oesi2n Appropriate: . BuIldmgs WhICh meet all the requIrcments of these GUIdelInes as outlIned m New ConstructIOn, RehabIhtatIOn of DeSignated HIstonc Structures and thIS chapter, as apphcable . Corporatc deSign WhICh Visually relates to surroundmg bUlldmgs and the deSired character of the area with regard to mass, scale, heIght, WIdth and depth conSistent wIth the New ConstructIon chapter of these gUIdel mes . Corporate deSign that Incorporates an archltcctural style or archItectural elements conSIstent WIth the eXlstmg and/or desIrcd style of development m the f-urroundmg neighborhood conslstcnt with the New ConstructIOn chaptcr of these guidelInes Inappropriate: . BUlldmgs whIch house corporate franchIf-es or busmesses which do not rclate to the eXlstmg and/or def-Ired charactcr of the surroundmg neIghborhood with regard to mas~, scale, hClght, Width and depth and/or dre otherWIse mwnslstent wIth the New ConstructIon chapter of these guIdelmes "" ... ~ j I - - - - - - - ~ - - - - - - - - - - -~- - II I I , I . -~- - - - - {> {> ~ 11:II {> {> 11:II c: I'V D c: ;:: ;:: 0 0 D -0 6 {> {> c {> {> C D {> {> {> z z z 0 (J1 !:>. 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SW 6157 FAVORITE TAN I I 1 J SW 6155 RICE GRAIN SW 6340 BAKED CLAY D ~ @ ~ 0 ~n€ 011' IT~~hJ650L ALEnE supp NT "All PLANNING & DEVELOPMENT SVCS CtEARWA SITE PLAN APPROVED H~T TOBi~ SIGNATURE ~ ~ DATE cl?"3' (K'P ) 'r RECEIVED FEB 2 3 2005 PlANNING DEPARTMENr cnv OF CLEARWATER Harold Court Villas REVISED STORMWATER MANAGEMENT PLAN Prepared For: Harold Court Townhomes, LlC 2506 Macdill Avenue, Suite A Tampa, Fl33629 Prepared By: Matthew D. Campo, P.E. Florida Reg No. 53988 Burcaw & Associates Engineering, Inc. 6402 W. Linebaugh Avenue Tampa, FL 33625 I, rJ I ~.L"" ,t )- f ,1....1i1 ....~~ J ~ ,," r III JI 1/.....1 , Jt 1'f. I ~ I ~Il, ~ l L J. IT fl t. ~ ~ , \ ,J;t-:'\lt'~t~", ~""t/:;' F b 2 ';-' ( '" .( r". ' e ruary 005 , l;~ ';fn;,;.(.'t~~'!:r5:^' j ,'-;,0 ~ . ,-"') '~a~\h~j ~ o,t,';( ') ")," Burcaw Project No. 04561 ,;i{,; ..': ". .1.i'Z?r;, ,'j', ,~,~t},., " d~' ' q;'.' :;; ~ Jl>(~1 r- . . ' t.i-,q. i,~ l '~t'- " '{J' . ",",1, OJ] u~. if/',,'. """" , ,1 ~ ....I'.-;~;O;' ~ r~:- 11IIo ("'7 ;.' ,.. 3.1r) ! 1" J' J ill! , /1 t P ~ (PI ,l- ,~ 00 J J r .....9)?t---1'... ' j j) ,,~ t ' , :": olt""., ~v(:'f. , .! 0 'iJ ... ~~~ fO.t - r ~ (."'?. j , ." ,HEW, 1<7l' ~MPQ) I~~ ; ., ~ , .... ~ -,,' - 11 il. \'l. '" D t~' '. It ! ~IJi11 l~lW.$ ~.4 / Cr '7' ./ f ,I(i't.l ~rJ ,? ~ ~ ~l:r Ii ,f~~.l" " "E~..2 ~i.'tJ2005' . .J'~(5;'i4 , t - {)~...-J. .. . .. . ~ ~ O~-"'~.Y' ~ ,!- FL~ P,~E~ijj5'~ci/' _..I" . ~"l\. " Harold Court Villas Revised Stormwaler Management Plan Prepared For Harold Court Townhouses LLC I. INTRODUCTION It IS the Intent of this report to produce a quality surface water management plan for the project, which satisfies the requirements established by the Southwest FlOrida Water Management Dlstnct (SWFWMD) and City of Clearwater II. GENERAL INFORMATION A Location The proposed residential town home community IS located In Section 16, Township 29 South, Range 15 East (a 08183 acre parcel) on Harold Court In downtown Clearwater (see Location Map) The stormwater pond being used for the proposed townhomes IS located on the south Side of Harold Court on the west adjacent property B Sewer Service and Water Supplv Water and sewer services Will be provided by the CIty of Clearwater There are no eXisting wells on site Burcaw & Associates, Inc 1 February 2005 '- , ,- . HAROLD COURT VILLAS CITY OF CLEARWA TER, FLORIDA : :"; "Q;~+" ~~ ....~ t: ! ..?.: ""- j ..... .... ~ ... .)... , ^ , _D'ruii: RdJ! - / ~, , '; , - '" "'.... t ~ \~r '.... 'L- :-.. .... ... .. c.g.n_ 5""""", rim=> FIGURE 1.1 DATE SCALE JOB NO ""^,.. "'::::"'t'-'-""~~ BltL\Re..~W :En~SaYI~1 /'1 It", \,..,.r l " N June 2004 1" = 1000' 04561 ~ljfff;l_ r~...,~ \J ~2 ~~~~A;f6irIeA LOeA TION MAP & AssOcIates, Inc I'HO""E: .a1!B,l!I.!UIS DRAWN ssw PAX .IILlU~ liDS 'WW'IIII"bun::.;WlDI:: I:Dm CK'D BY MDC Li\ # 6!119'O . Harold Court Villas Revised Stormwater Management Plan Prepared For Harold Court Townhouses LLC C Zoning, DRI and Other Permits 1 Zonmg The site hes In the Downtown Dlstnct, which IS compatible wIth the proposed development 2 DRJ's No DRI was required for this project 3 Other PermIts No other permits have been Issued for thIS property Permit applicatlons are being submitted to the City of Clearwater and to the Southwest FlOrida Water Management DIstrict (SWFWMD) D References The Input data developed for the hydrologiC model utilized the methodologies outlined In the "Urban Hydrology for Small Watersheds" SCS Technical release 55 Manual (TR-55) Other design manuals referenced Include SWFWMD's "Management and Storage of Surface Waters Permit Informatlon Manual", and City of Clearwater Stormwater Manual Topographic Survey Topography of the study area was prOVided by Burcaw and Assoclates,lnc and by use of SWFWMD AenaJ Photography With Contour Maps 5011 Conditions The SOils and land use Information was prOVided by use of the Plnellas County SCS Salls Survey Manual and supplemented WIth on-site borings by Burcaw Geotechmcal Group, Inc E Maintenance of the Stormwater System The detention pond, Inflow and outflow structures will be owned and maintained by the Home Owner's Association A regular maintenance program will be , developed for the site In a form Similar to the "Operating and Maintenance Instructions" hsted on the follOWing page Burcaw & Associates, Inc 3 February 2005 Harold Court Villas Revised Stormwater Management Plan Prepared For Harold Court Townhouses LLC 2. OPERA TlON AND MAINTENANCE INSTRUCTIONS Operation The project's stormwater management system IS a gravity operated system and requires no operator action Maintenance 1 Ditches and Swales All ditches and swales shall be penodlcally mowed and cleaned DUring the mowing operation, ditches and swales shall be Inspected for bare spots, damage, and erosion Any bare spots greater than one square foot In area shall be seeded or sodded to replace the grass cover In case of erosIon or damage where underlYing soli IS missing, the missing SOli shall be replaced and the area brought back to grade then seeded or sodded as requIred 2 Inlet Grates Inlet grates Will be checked monthly for damage or blockage Any damaged grates Will be replaced or repaired Any debriS blocking full flow through the gate Will be removed 3 Pipes and Inlets Pipes and mlets Will be mspected yearly for damage or blockage Any damaged pipes or Inlets Will be repaIred or replaced Any trash, debns or sand deposits Will be removed 4 DetentIon Ponds All SIde slopes and maintenance berms wJlI be periodically mowed and cleaned DUring the mowing operation the ponds Will be Inspected for bare spots, damage erOSion Any bare spots greater than one square foot In area Will be seeded or sodded to replace the grass cover In case of erosion or damage where underlYing sOli IS mlssmg, the mlssmg sOil Will be replaced and the area brought back to grade wIth seedmg or sodding as reqUired In addItion, cattalls, bulrushes, and other nUisance vegetation Will be cut back from mlet or outfall structures, to mmlmum extent needed to maintain design discharges All Inflow and outflow structures Will be maintained by the procedures outlined for pipes, mlets and grates Burcaw & Associates, Inc 4 February 2005 Harold Court Villas Revised Stormwater Management Plan Prepared For Harold Court Townhouses LLC III. BASIS OF ANALYSIS This stormwater analysIs was based on the SCS Method The Input data developed for the hydrologic model utilized the methodologies outlined In the "Urban Hydrology for Small Watersheds" SCS Technical release 55 Manual (TR-55) SWFWMD cntena reqUires treatment only for thIs site, however CIty of Clearwater reqUires treatment and attenuation City design cntena requires the design to take 1/2 credit for eXisting pavement when calculatIng CN values The follOWing descnbe the parameters used In the stormwater analYSIS A Runoff CoeffiCients and Curve Numbers The SCS runoff curve numbers 'Cn' were developed consJdenng soil type, land use, slope and depth to groundwater table The follOWing table lists the land use and Cn values used on generating the pre- and post-development runoff hydrographs PRE/POST DEVELOPMENT LAND USE o en Land 1m ervlous 49 I 39 98 100 Open Water B Rainfalllntensltv Amounts For the Water Management District and the City of Clearwater, treatment and attenuation shall be provided based on FOOT IDF curves C Time of Concentration The Time of Concentration was calculated based on length of flow path, slope, and type of cover The calculation for the TIme of Concentration IS Included In the appendix Burcaw & Associates, Inc 5 February 2005 SOILS Ub - Urban Land HSG B ~ ~ ,"-'"' l:..ornroN'MM.J St:mCti FIGURE 1.3 SOILS MAP DATE SCALE Not To Scale ssw MDC J08 NO 04561 ~ :;.vlm~f;~~~\16l~uJu; ^ MiONl: 81 ~ 1l1li2 .uIS f:AX llIusS1Ull8 -..,.,....b~....."b:1e..lXItJ1 La # 611.90 June 2004 DRAWN CK'O BY Harold Court Villas Revised Stormwater Management Plan Prepared For Harold Court Townhouses LLC o Groundwater Conditions The seasonal high groundwater elevation was determined In the field at 6 feet below natural ground per the Burcaw Geotechmcal Report and Soil Survey of Pine lias County Pond bottom elevation was established at 285' In addition, field permeability tests were performed on-site, and have IndIcated vertical and hOrizontal hydraulic conductivity of 3 5 ftJday and 18 5 fUday, respectIVely See attached Geotechmcal Report E Desian Criteria The proposed development must adhere to two sets of design cntena, the City of Clearwater Department of Public Works Storm Drainage Design Cntena, and the SWFWMD cntena For SWFWMD, the proposed project reqUIres treatment volume of /'2" of rainfall over the project Site, as IS consistent with the City of Clearwater's requIrements For the City of Clearwater, a deSign frequency of the 25 Year storm IS used In their analysIs, as requlred_ for detentIon areas with outfalls IV. DESCRIPTION OF ANALYSIS A DrainaQe Basins Included In the appendix IS a Drainage BaSin Map depicting the baSin line used In thiS analysIs The drainage baSin analyzed consists of all areas effected by redevelopment and that portion of Harold Court that drains through the site In eXisting conditions The total area of land Included In thiS analysIs IS 0 792 acres B ExistinQ Conditions The eXisting Site contains three single-story wood frame bUildings, a two-story wood frame bUilding, a single-story masonry bUIlding, a portion of Harold Court, and assocIated concrete accessways The balance of the site IS grassed with fair cover The entire site drains generally to the east IOtO the storm sewer Burcaw & ASSOCiates, lnc 7 February 2005 Harold Court Villas Revised Stormwater Management Plan Prepared For Harold Court Townhouses LLC system located on the property adjacent to the east The peak discharge In the pre-development conditions IS 2 01 cfs C Proposed Conditions In the past condrtlon, the Site will be developed as reSidential townhomes Treatment and attenuation WIll be handled In the proposed stormwater pond at the southeast portion of the site Peak discharge In the post-developed condItions IS 1 94 cfs, and discharges through a 6 5" circular weir POST CONDITIONS POND DATA TABLE Note All elevations In ft -NGVO All flows In cfs o 100 Year Floodplain The site IS within the FEMA designated Flood Zone uX" per FIRM Commumty Panel #12103C D108G revised September 3,2003 See Flood Map Flood Zone "X" denotes areas outside of the SOD-year floodplain No flood encroachment IS proposed for this project E Water Quality Treatment Water quahty treatment will be provIded to meet criteria set forth In FOEP 62-25 regulations uSing' dry retention The first half Inch of runoff from the area will be treated In the pond between the pond bottom and the deSign low water (OLW) A modret analYSIS and pre calculations have been provided to demonstrate recovery of the retention volume within 24 hrs F Wetland Impacts No wetland Impacts will result With the development of thIS project BurC8W & ASSOCiates, lnc 8 February 2005 :LAND :. mrn DOl ~ ~BB 81)- ~ ~ PiERCE STREET ~~h- D~ (n ~ n FflAN~lIN STREET ~ li:rn~n '- =m .~:~~ I i 16 ~ ~ MARKLEY ST '" :::::L ; '- Do ~ ~ ~ ~D CrTNUT I; h=tJ ITDD 1= ~ I ~ I; ~ ~ n I--- "^',,, ~^.. tt ITIB Ti I - I =T w~" - I I =tl - r-- ---' ~ I - SOURCE DATE ZONES STREET '"":- ":;~)~<<\;;~~::f~:;';"''''''' l~~ ~~..!.Itc.:N~~'1<-r'-'.>':""'"''\ryw~....''' \.-.. ~, JA;~: ~~" r:1 ~~a. t ~ ~ /. ~ ~~ ~ tr.....-n J- ~ lr,; ~ "''!o/4 ~ ,1!>: oJ '''~''~ ,- ;; ri,:;'t~ :':; ~,,- ~r~~~~~1A >& ~\rA)f?'~p }t'1 ..~;t~~fI' i t.~;.. "v.. : tft ~ j "'~ >:.,.,1"" "If.. \~ ~~Y'j. ;g, #;:- ~ ...... t ll;: g;' ~ ~~'1if~""').~i"f;"'" b=! 1f;~ "". a.~ .tt.f-!; ~(,:0 1 ~.,\ ~~ ~""':tl -i!:-.$~"' ~"-' ~l ~n-1'-t ~lf2t~~l t~:T..r1t~mFiEftCE...:r;:~~ ~.. 'Jt!P;r - I ~"" ,~ i"'l'f "," !:''';!: 1f.~~ r ~ ~.tt tl t~:.$';;\ 1"'~ .......~>"..!~}-!g ~ ~ 6 ~ ~~~ ~ ~ ~t.-" -"~ t.-.~". f"~ ~\ ~.. .-,,' It d'i'';'J[w:;r~%) ,>',Iii" i3< ,~>~ ~ J:~~'I~H{~{ ~~*=~ g:~ ~~:;'~tc\ ~~ J ~-:-'~~ _......r~J=FMK.llN...~~..~ST~~ ~~!fu~I~\h-.~ .. ~ ~._r.- u.v;:' ~~ '" ....k;:~l) ~t..t,... ~ ~"" {:;Y ~~""/ \~ :J.j.;:~i. y.... 11'"1: i " '''';:~ f1. 'Cl,R r:!:X ~".."'" ~:;:. ~~- - "~".t 'i\ ,s..~~"~" ; ~ ~~~ ~ ~~ - STREET v'ft\",- M ~, .:j'i, "il;' "'"\ ~ q;~;l~ ~ ~'-~~: - ,.<",,~ ~~;yt K'\\ lJ~!~ ;~j ,1' ~~~~~~~l~' _ l~ ~-l '. - "~,,""1.\~tisfRe ~ 1~~" ~, ~[ ~ .m;"1,'I' -~~ 11'''''' "m~l~~ l~~lr ;j'~t:~ ~ ;p~ ~..~!\~ 'f " ~ <> ~ t~ "; t~ l[J'I~." l ~'"'ll 'IL ~i~ tI~ ~ gmjilliEB 'An ,,~ \ MV JASMINE WAY u- - ru n- ~ ST Ren COURT n STR EET I 1 e-- ~ - II I n II --.--. I I ~n.~ .-/. ( FEMA FIRM NO 12103C 0108G September 3,2003 "X" - Areas determined to be outsIde 500-year floodplain , CLEVELAND . ~ 11:. " ~::.d _"'-STI EET ",s,J ) ~ - SfREET :t ,,,~J ,- ~\ "'- '" ::l Z OJ :it - " ~ z ~ i----. == - I- == "'I,. [ T ., - - = I~ z OJ ~ e-- STAE ET ~ Sun~ ~ FIGURE 1.2 DATE SCALE JOB NO ~~~~~W En~en.ul~ ~ ~ 0: e ~~ j June 2004 Not To Scale 04561 ""~ b {w!> "" "" '<'.. .,,,,w ~ 1" &40:2 ~un;~~~A;U2~k. A -'<-<"~<<<WJ I '1 FLOOD MAP & ASSOcIates, Inc 'PHOI""E Bl~ SEll+a;lli DRAWN SSW rAX 1113 B!l1lBD3 _~~~CDm CK'D BY MDC V. APPENDIX Burcaw & AssocIates, I nc Harold Court Villas Revised Stormwater Management Plan Prepared For Harold Court Townhouses LLC 1. DraInage Basin Map 2. Calculations A. Runoff Curve Numbers B. Stage Storage CalculatIons C Time of Concentration Calculations 3. AdlCPR Analysis, 4. Modret AnalysIs 5. Geotechnical Report 9 February 2005 Harold Court Villas Revised Stormwater Management Plan Prepared For Harold Court Townhouses LLC Drainage Basin Map Burcaw & Associates, Inc A February 2005 TOTAL DRAINAGE BASIN = 0 792 ACRES I I I I I I I I I I N89"1l1:iP':E.....- 80.60' _'I 7 /~r7 Ir // / ~ 7-7-'/ / / Y.////////r// ~ 1/ / / / // / / / -r / / .;::~ / / / // / / / / / / --j.~::l V / // / / / / /1/ :/' // / / / / / / ? / --j. 'I I IV / / / /,(..(4 /. ~ / ~~I I : v / / / / ~c ^- f l' / / /12 I 'k / / / ,::!j:):j,f / / JL J ' ~ Ir/ / --j. ;-y.y / /' -; -; ;-,. S89"31'-4n ~:~~ + ~ / --j. / / / / / -( / / II - - -- 1~~/////-;,./77' ., 1,/ / /,/ / -; -; / / / //1'..:. (' 7.c:arL.7,T--' I I [( / / -; -; / / / / // / XV~"// / / / / /i '1 ( / -; / / / / / // / / /' ,/ / / ,/ / / /J I I I ;-;///////////1 ,//.~:>~, ,,,/) I il( / -; -;:~ // / ///;: 111 ~-;!~;"~/ ~ IIS~ I r. ,/ / ,/ / / / /i !7 / / /'/'/:11 11~6 L- r/////////////i 1/////.)/7, Ii!!~ I 11"'/////////////1 ////-/J/ ~~ j , p, :' /-./-~~ hJ~L/..0 / / / / Y // ~ rl -----n-n---------n---__________________u_nn_ .... - Hag 31 ~.W 60 47 (F) J r / / / -/ / -1-...J I _mm________,__ ___________~ 2!t:Sll~~~LI' / /1'1 I I -''''''''''~ Y//I'/M~ ____ ! ,oO~l'ID ~ / r ---------1 E'."r'~-"'\ l"'~gl;::: :1//// I ~(jwr"''':'J Z J I I' / __n~m-----n---------n------------- '- ,~" (-L..1J.iLL1.... - - _;;-=-_ ==-:.,"" - - ..=---=--=--=---=--- - --- --___ - - - - \ ' I I DKlric -----ftP--____~~__~~ ~ \ 'I \. I~--~ ~I ~ ao:. ., - -p,p)~ ~ ~--- 1 J __~("cn...rid..~ T ~ ~r~.."'m~..~:""..ce;>~--r---J;i;--------T:e-~--.."U.. ~ 2.81~'2ll~2 t _ _ SOO'-(Fl.:: -I~- '"'. \ -III~: l ~.I' J-..U I I....J I .... i : ,.:-.r ,~~ __--L<-'.i!1...;;;~- - - -" lli ~~ I I~ f.,.,}1 Jr'"lll ....... ~ I ~ OJ ~ ~...r-~......"....~ "II ~ j I: : "".. I ~,.,~ I I ' ".< I 01:0< I" U I'" : ~11 !1l',\ I I ,...------,1 F' r----7TU77-..rrJ :: , ~ I r.t L \ I ~~ I'" Ie I,.. / / ,/ I'.Ii ',', : n~:l'~" I O~ I~~I * ~~;;-r7r c:'l' ..11 / I',:i;'(:",:/ /.-1 r:J:: : " I a -: / /' , / / ~:;: I !lJl' / / g.~,..../// Nil ~T I..; -I I V / / //)1 r- '-""'-I'L <-/-(, L/ / ~Ii ~1J 1 ~I V // ~.'1 '- C-L-LCLL ~- ill" ~ ! I I I ~~(./""'l, ~(L I..... :1 : I I I ~ /,., ,0 "" ,/[~" I'" 8LC_I, :: : I t" / t,.l rr ') /'-~;: 2:J ; : I Y {/" / S, Il!!II 1 I II v / //' /,1 ' Il1I! : I e v// //~ I ---.1 i : " . I v~-L^ L) r"~"';rw- "wm"n =1..",,,,,,,,,,...,, I ~ I ,I, ~~~ : f1f" i: I. . ~ I $" ...:.. ...e3" I q I ' I r7/ T..-r-r-) ~s : ILl' .:, I' / ...., I I ,//' """"// \'>- .... rf' ta" rf' I I ~ 'T -11""'7? Z.,~"I,::::: ~~) ~~....._____~_.L_~ __..@.l._....Ql..._~--- - - -- _-/. / ,,- - ;;;_-=_;_;;;_;_;_; -=- ~ -=- -=- -=- -=-~!:. -=- -=- -=- -=-: -=- - - ~- -!4f~ - -i!~ 1 NS9"32'41"W I '(:_/:i!J..fL~ I -----~-----------=====~=========~===~~=~=~~~~~:==~~~~~~:~~~~~~~.~.~~~-~-:-~...~e....J.______~:~___~~~ , i , ---------~ ~ ~-----------------------~......._________~~___J , I I I I I I I I I --------------+-------- ON-SITE DRAINAGE! BASIN : (0665 ACRES) >.. Jo. _ ",-Sod''''''' - - - - ----, IIf)II"O~l),,1 I ~11t>' ... J~.lS OUlll"lII...'t lfM_~4." I I I F-SlTlt : RAINAClE: BASIN ( 127 AqR~S) \ : ----__.J I I __ I ---------___...1_ -:r:::- !~~I~-~....... - -~.....____....J47,. I I s! I ,~ : ~I I I!: I L0T ..., ~.."L filii :!I~u. --..., p""""c :l? eGr 1M' "BVpd'j,%",":: 'w' Engm.."';:;~-:== " Vll"S.,l..:.--,j?\ - I '*".". .... "".'>-::<: .... ~<< ti+lJ1W ~ug,ntl!.,,~ !iLl~A T.."..p;1o RIiJrOlIIJ]<Iio2S" & A t I PHONE: ~'il!:al+1I1s. SSOCla es nc ,^x '" '" ,"0' , t 'W'WW tJ..w'll:;llW1~ ~Ul lUl\Ci::r.:Jr~JM~.ND 7m HAROLD COURT VILLAS PRE BASIN MAP OATE SCALE JOB NO JANUARY 2005 DRAWN CK'D BY 1" = 40' 04561 BW Me ON-SITE DRAINAG~ BASIN I (0 665 ACRES) : - I I I I r>"~ ~ " ,.,3 , c... ,. :"2.. ,." Ii" ~ -----~--~--~-~~~~-------~--------~-------~...~-----~------------~----_... I ----l--------------------------------------------------------------- TOTAL DRAINAGE BASIN '" 0 792 ACRES \ \ I I I I: I I I I I r I I I I I I I I I ~--------------+--------- I I I I I I I I "" ~. ,. I I I/' .. ., I I-~_-;:-, - - - - ---, I "'o~~~, I I :D:;l;a'lOoIt:ln...1 I ,.;..,"'"- J2 ., I : . 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W .t:>. <0 o ""'0 w (0 ro ...... ~ ...... 01 ~ o o 01 Burcaw & Associates, Inc Harold Court Villas Revised Storm water Management Plan Prepared For Harold Court Townhouses LLC StaQe StoraQe Calculations C February 2005 Water Quahty Treatment Harold Court Villas Pond Project Project No Date' Filename 15-Feb-05 Basm Area o 792 Ac Runoff (m) 05 m Top of Bank E1 34 Ft Area@TOB 00522 Ac Pond Bottom 285Ft Increment I Ft Side Slopes 4 Area A vg Area Volume Acc Vol Trt Vol Elevation (Ac) (Ac) (Ac-Ft) (Ac-Ft) (Ac-Ft) DLW 2850 001 o 0000 001 001 2900 DOl 00128 002 002 3000 002 o 0299 002 002 o 0330 3013 USE 30 15 3100 003 o 0534 003 003 3200 003 o 0842 004 004 3300 004 0.1230 005 005 TOB 005 o 1706 Required Treatment Volume o 03 Ac - Ft Calculated DL W 30 13 Ft Harold Court Villas Revised Storm water Management Plan Prepared For Harold Court Townhouses LLC Time of Concentration Burcaw & Associates, Inc D February 2005 1/3112005 TIme of Concentrallon Job# 10-51020 Flow Type Length (feet) Slope Velocity Land Use P (inches) n Flow Time BASIN From To (Ft ISec) (hours) Sheet dense PRE 0 110 001200 n/a ~asses 430 024 0272 Shallow dense Concentrated 0 0 o 01154 I 73 grasses 430 nJa 0000 Open Channel nJa n/a Flow 0 0 o 00000 055 430 0000 Time of ConcentratIon 0.27 Prepared by 134901/3112005 Page 1 Harold Court Villas Revised Stormwater Management Plan Prepared For Harold Court Townhouses LLC AdlCPR Analvsis .... Burcaw & Associates, Inc E February 2005 .... ;:l S" .., (> 0 ." 5 0 tIl <1l 0-'3 n !Il ;;; Z'" Z 0- 00 :II Q :<lZ :I ><:0 <1> El :: [ :0 ::l 0- '";;l 0 0 ::l IJlIJl " 0- ;t>;t> 0 tIltll .g ~ t'lt'l ~ .... 5 ~ m ~ .... ..,.., e 0 l/ll/l 0- '<'< ,.... !!. " '1 :II OJN 11" ,--, ...... .... n ::r::r 0 '1 '1 ::I "'0 c: :0:: :II @ X I-' I-' tIl N N N 11"0-'3 0 ::r:ll.... 0 0 ... "lQ :I N 0 -.I m <1> <1> (/:; @' :0 g. tIl 11" :; :II :;:: ,.." lQ III ('l> 11" <1> X ;3 t1 2- r. :;:: := ~ "'w :II 0 co... tIl '1 0' r< ::I -.10 :II .... (J'Q <.no ,..,,<,q ::I <b 00 ...- <lIlQ ~'" :;:: 5' III X n 00 tilt! 00 r<<1> 00 :111-' I-'l/l ,.."CO ,..,. -.10 ...-<lI1ll ;;:: III X '" ;t>tIl 0 ,..",,~ \II ...-<lIH 0'" "':II,.." :0:: III H X I-' I-' ::I N N Hl0-'3 ::r f-'.... .. 0 '10 :I -.I 0 '" 0,: !Il H .....w ::I ,.." '" '" n f-':;;: W-.I ,.."ow <.n-.l to 0,: X :;:: ow c X I-' 11" 0 '" ,.."o-'J ::rl-'.... 0 ... H 0 :l 0 -.I (jl ::: 11> 0 C ~~ ...- Hl ow nl-':O:: OW ,.."ow "C o<.n '" 0,: x :0 (J'Q D <:l ~ 0 a ...., \1\ 1 BasJ.n Name Group Name SJ.mulatJ.on Node Name BasJ.n Type UnJ.t Hydrograph PeakJ.ng Fator Spec TJ.me Ine (mJ.n) Comp TJ.me Ine (mJ.n) RaJ.nfall FJ.le RaJ.nfall Amount (J.n) Storm OuratJ.on (hrs) Status TJ.me of Cone (mJ.n) TJ.me ShJ.ft (hrs) Area (ac) Vol of UnJ.t Hyd (J.n) Curve Number DCIA ('II) TJ.me Max (hrs) Flow Max (cfs) Runoff Volume (J.n) Runoff Volume (ft3) BasJ.n Name Group Name SJ.mulatJ.on Node Name BasJ.n Type UnJ.t Hydrograph PeakJ.ng Fator Spec TJ.me Inc (mJ.n) Camp TJ.me Ine (mJ.n) RaJ.nfall FJ.le RaJ.nfall Amount (J.n) Storm DuratJ.on (hrs) Status TJ.me of Cone (mJ.n) TJ.me ShJ.ft (hrs) Area (ac) vol of UnJ.t Hyd (J.n) Curve Number DCIA ('Il) TJ.me Max (hrs) IFlow Max (efs) Runoff Volume (J.n) Runoff Volume (ft3) POST EASE 25yr24hr POND SCS UnJ.t Hydrograph Uh256 256 0 1 33 1 33 Flmod 9 000 24 00 OnsJ.te 10 00 o 00 o 792 1 000 90 000 o 000 12 04 4 OSE; 7 789 22392 723 PRE BASE 2Syr24hr BNDRY SCS UnJ.t Hydrograph Uh256 256 0 2 13 2 13 Flmod 9 000 24 00 OnsJ.te 16 00 o 00 o 792 1 000 63 000 o 000 12 12 2 012J Qpll-b 4 41;:1 12847 731 Interconnected Channel and Pond Rounng Model (ICPR) 02002 Streamlme TechnologIes, Inc Page 1 of I =======================:~=~-~--=~=~=~~~~~==~~~~=====~~~~~=~~===~~~~==~=========~-~~=~=~~=~ ==== Bas~ns ============================================================================== ===================~~~~-~~~====:=~~=~;~~~=~~~~~=~~~~:=~==~~==============~~-~~-~=======~~~ Name Group POST BASE Un~t Hydrograph Ra~nfall F~le Ra~nfall Amount(~n) Area (ac) Curve Number DCIA(%) Name Group PRE BASE Un~t Bydrograph Ra~nfall F~le Ra~nfall Amount(~n) Area (ac) CUrve Number DCIA (%) Uh256 Flmod 9 000 o 792 90 00 o 00 Uh256 Flmod 9 000 o 792 63 00 o 00 Node Type POND SCS Un~t Hydrograph Status 256 0 24 00 10 00 o 00 999999 000 Status 256 0 24 00 16 00 o 00 999999 000 Ons~te Ons~te ===================~~~~-~-~===~~===~~~~~~~~~~:=~~=~~===~~=~=~=============~:=~~~-~-=~==~~= Peak~ng Factor Storm Durat~on(hrs) T~me of Conc(m~n) T~me Sh~ft (hrs) Max Allowable Q(cfs) Node Type BNDRY SCS Un~t Hydrograph ==== Nodes =============================================================================== Peak~ng Factor Storm Durat~on(hrs) T~me of Conc(m~n) T~me Sh~ft(hrs) Max Allowable Q(cfs) ======~=======~~~==========~~~~~~~__~~==~=====c~==========~==~===~==~=~===~=====~~==~=~~~~ Name Group Type POND BASE Stage/Area Stage (ft) Area (ac) --------------- --------------- 28 500 0 0115 29 000 0 0141 30 000 0 0201 31 000 0 0269 32 000 0 0346 33 000 0 0430 34 000 0 0522 Name Group Type POST BNDRY BASE T~me/Stage T~me (hrs) o 00 12 00 24 00 Stage (ft) 27 500 28 750 27 500 Base Flow (cfs) o 000 In~t Stage(ft) Warn Stage(ft) In~t Stage(ft) Warn Stage (ft) 28 500 34 000 27 500 28 750 =~~=~=~==-~~====~~~~~~:===~~=~~:=~:===================~===~========~~===================== Base Flow (cfs) o 000 ==== Drop Structures ===================================================================== ====~~==~~~~:=============~~~~~~~~~~~~~~~=~~~~~=~~~~=~-~=~~~~~~~~~~~--~~=~~~~~~========~=~ Name Group CS100 BASE From Node To Node POND POST BNDRY Length (ft) Count 8 00 1 Interconnected Channel and Pond Routmg Model (ICPR) i!:l2002 Streamlme TechnologIes, Inc Page 1 of3 UPSTREAM DOWNSTREAM Fr~ct~on Equat~on Average Conveyance Geometry C~rcular C~rcular Solut~on Algor~thm Automat~c Span(w) 15 00 15 00 Flow Both R~se (~n) 15 00 15 00 Entrance Loss Coef o 500 Invert (ft) 27 550 27 500 Ex~t Loss Coef o 000 Mann~ng's N o 013000 o 013 000 OUtlet Ctrl Spec Use de or tw Top Chp (~n) 0 000 0 000 Inlet Ctrl Spec Use tin Bot Chp (~n) o 000 0 000 Solut~on Incs 10 Opstrea~ FHWA Inlet Edge Descr~pt~on C~rcular Concrete Square edge wi headwall Downstream FHWA Inlet Edge Descr~pt~on C~rcular Concrete Square edge wi headwall ...... We~r 1 of 1 for Drop Structure CSI00 ... Count 1 Bottom Cl~p(~n) 0 000 Type Vert~cal Mav~s Top Chp (~n) 0 000 Flow Both We~r D~sc Coef 3 130 Geometry C~rcular Or~f~ce D~sc Coef 0 600 Span (~n) 6: 50 Invert (ft) 30 150 R~se (~n) 6: 50 Control Elev (ft) 30 150 TABLE ~~~____==~~==~~~~:==:=====~~~_~~c======~==~=~:=~~~~~~================~_____==========~~~~~ ---- Hydrology S~mulat~ons ====-=====================================_=_================== ~=~~===~====~=~~~~~===========~----=========~======~~~~==~=~~~===========---==-~~========= Name FJ.lename 25yr24hr ) F \ProJects\EngJ.neerJ.ng\04561\Correspondence\DraJ.nage\Round 3\25yr24hr R32 OverrJ.de Defaults No TJ.me(hrs) PrJ.nt Inc(mJ.n) 24 000 5 00 ==========~~~~~==========~--~=======~=~=~~==:========================~~-~==~========~~=~~~ ==== RoutJ.ng SJ.mulat~ons ===============================================__================ ==~~~~========~~~=~~:========~=~~~-~=~~~~~=~~~====~==~=========~~~~~~=======~:~~---~~~==~= Name FJ.lename 2Syr24hr Hydrology S~m 25yr24hr F \ProJects\EngJ.neerJ.ng\04561\Correspondence\DraJ.nage\Round 3\25yr24hr I32 Execute AlternatJ.ve Yes No Restart No Patch No Max Delta Z(ft) TJ.me Step OptJ.mJ.zer Start TJ.me(hrs) Mln Calc TJ.me(sec) Boundary Stages 1 00 10 000 o 000 o 5000 Delta Z Factor o 00500 End TJ.me (hrs) Max Calc TJ.me(sec) Boundary Flows 24 00 60 0000 TJ.me(hrs) Pr~nt Inc(mJ.n) 24 000 5 000 Group Run BASE Yes ======~~--------~~~~~=~~~~~====~~~==-~-~~~-~~---~~-~=--~=~~=~~~~~=~~~~~~=================: =~~= Boundary CondJ.t~ons ============___======c=======c==========================c==~===== Interconnected Channel and Pond Routing Model (lCPR) @2002 Streamlme Technologles, Ine Page 2 of 3 =========:~--~~~~~~~=~~~~~~~~========~~~~~-~~-~~~~~~--~~~~==~==~==~=~~~~=====~~~--~----~~~ Interconnected Channel and Pond ROlltmg Model (ICPR) <<J2002 Streamlme Technologles, lnc Page 3 of3 Harold Court Villas Revised Slormwater Management Plan Prepared For Harold Court Townhouses LLC Modret Analysis Burcaw & Associates, Inc F February 2005 MODRET SUMMARY OF UNSATURATED & SATURATED INPUT PARAMETERS PROJECT NAME: Harold Court Villas MANUAL RUNOFF DATA USED UNSATURATED ANALYSIS EXCLUDED Pond Bottom Area 499 00 ft2 Pond Volume between Bottom & DHWL 5,356 00 ft3 Pond Length to Width Ratio (L/W) 105 Elevation of Effective Aquifer Base 23 50 ft Elevation of Seasonal High Groundwater Table 25 50 ft ElevatIon of Startmg Water Level 28.50 ft Elevation of Pond Bottom 28.50 ft Design High Water Level ElevatIon 33 74 ft , Avg Effective Storage CoeffiCIent of 5011 for Unsaturated AnalysIs 0.18 Unsaturated Vertical Hydraulic Conductivity 3.50 ft/d Factor of Safety 200 Saturated Honzontal Hydraulic ConductIVIty 18.50 ft/d Avg Effective Storage CoefficIent of 5011 for Saturated AnalysIs 029 Avg Effective Storage Coefficient of PondjExfiltratlon Trench 100 Hydraulic Control Features: Top Bottom Left Right Groundwater Control Features - Y IN N N N N DIstance to Edge of Pond 000 000 000 000 Elevation of Water Level 000 000 000 000 1m pervious Barner - Y IN I N N N N 0.00 I Elevation of Barner Bottom 000 000 000 MODR.ET TIME... RUNOFF INPUT DATA PROJECT NAME: HAROLD COURT VILLAS STRESS INCREMENT VOLUME PERIOD OF TIME OF RUNOFF NUMBER (hrs) (ft3) Unsat 000 000 1 100 1,437 00 2 500 0.00 3 600 000 4 6.00 000 5 600 000 6 600 000 7 600 0.00 8 6.00 000 9 600 000 10 600 000 11 600 0.00 12 6.00 0.00 13 600 000 MODRET SUMMARY OF RESULTS PROJECT NAME: Harold Court Villas CUMULATIVE WATER INSTANTAN EOUS AVERAGE CUMULATIVE TIME ELEVATION INFIL TRA TION INFIL TRA TION OVERFLOW (hrs) ( feet) RATE (ds) RATE (ds) (ft3) 00 00 - 0.00 25 500 o 000 * 0.00000 000 25 500 o 08388 007771 100 29 632 o 07154 000 o 04070 600 28.916 003199 000 002155 11.48 28.500 0.01781 000 o 01407 1800 28 163 0.01218 000 001029 24.00 27.945 o 00921 0.00 000813 3000 27.773 o 00742 000 o 00670 3600 27.632 o 00619 000 0.00567 4200 27 512 0.00529 0.00 0.00490 4800 27 408 000460 , 0.00 o 00431 54.00 27317 o 00407 0.00 o 00383 6000 27 236 o 00363 0.00 o 00343 6600 27 164 o 00327 000 000311 72,00 27.098 000 MaXimum Water ElevatIon' 29632 feet @ 1.00 hours Recovery @ 11 475 hours * Time Increment when there IS no runoff WARNING MaXimum Infiltration Rate. 6 569 ft/day Exceeds Vertical PermeabIlity 1 750 ft/day Volume Infiltrated (fP) ..... -" -" ..... -" ..... I\:l W .:>. c..n O'l -..I OJ (0 Cl -" I\:l W ':t>. 0 0 0 0 Cl 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 , , , , , , I , , , , , I I I I I I I I .... _1- --1 --1 .1 .L_ l... ~ -- - ...... _I- I I I I I tv -T ,. r r - r- -1- -I- I Z "T1 I r -; w J J 1- .L L. ~,- , -t 0 I ;;0 - tu )> < ::! 0 .j:>. ~ ~- - 0 c z 3 I co I I :I: :J c..n 1- _ L _1_ -1- )> ::::!'! ;;0 ;:::;: =i 0 ...., 3 tu r - CD co 0 c.. --. ::rcn r I- n [I ...., en 0 ........ - .to. C W ;;0 -....J -..I -- - ~ ..... - - - -I ~ ::5 l.ol r r OJ - - )> I r en .... -" ,- (0 -" o 1'0 Z 'T( w _.1 r- -I 5: I ::tI III I )> x ::! ~ +>- - - -- - 0 III Z - CD ..., m ::I: CD 01 )> < ~ ::tI Ol 3 0 ~ 0 CD r- :::l ........ C :J"m - - ~ ~ ~- - - -- - II ..., () fII N -- 0 to C Q} I ::tI w -oJ - - - -- - - - - -- -I ;:::p < r- r- (Xl' -i- - -- - - - -- - - -2.-- - )> en Water Elevation (ft) 1'0 co c.n 0' J\J co , J\J co en , I ..... co --I '1---------- , I ..... o _1-_ ..... ..... -,- Harold Court Villas Revised Stormwater Management Plan Prepared For Harold Court Townhouses LLC ( Geotechnical Study Burcaw & Assoclates, lnc G February 2005 li~ ~. <- \/ FI7'<, I-~ ~- . , "'< tJl'J t I I)e" ~ ~' II ~ ~\ -< I " [',,.;- it 'JI<<!i "';)'- -:: '1-"" iII,!f:1~ I~ I ~ - ! , I.f' :1'"' ,_ I 7'1,,;.JI;. ;!; lj'...d\ 1"""'l"i', ."'''(' ;{~~~ ~ f.r,t,_ If" ,<. i' ( ..... '......J.~I f_ 'l1," J I~ ); , I' t,",:; - ....., ;/ ell" l~ 11 1'-', ~" 1{~ 'I~- ,,' ~ I l~'- ,,'- it l~, ,.. ,,. ~~ ~ -::;-L~-.~~ :-:-~... -~ ~ ~~\~ 1~~"': ~,.,. .. '}.J' .0;........... \ .~.... 'r...~.. ~ .....~ I" ~ ~ .., -.... ,r I tl. ~... _ I ..." ~ \, ... Ii. y,"'~ / '~ Geotechrucal Group Incorporared . Geotechrucal Engtneenng · Construcuon MaterIals Testing . June 22,2004 Mr Matthew Campo,P E. BUrcaw & Associates~ Inc. 6402 W Linebaugh Ave, Suite A Tampa, Flonda 33625 RE: Geotechnical Exploration and Testing Harold Court Development Pinellas County, Florida BGG Project No.: G04-611 Dear Mr Campo . .' Burcaw Geotechnical Group, Inc. (BGG) has completed the geotechnIcal subsurface exploratJon for the above noted project We provided our services In general accordance with our proposal number GP04-654, dated May 19, 2004 The purpose of our study was to explore the subsurface 5011 af)d groundwater conditions within the vlcmlty of the proposed storm wafer ponds igenbfied on a site plan provIded by you The subsurface salls were explored througt;1 the advancemer1toffour(4) hand auger bonngs Two (2) field permeabllrty tests were also performed, m pond a,reas dunng our, . field work This bnef report summanzes our revIew of apphcable published site informatIon, our;field exploration and p reseryts the results of our field testlng ~ \," CURRENT AND PROPOSED DEVELOPMENT "..1 , ~ .. ' ~ \ ~...;. ..., ~.../ ~ ~ ~ , _.- J~~.- ~ "i'~~ II.... The property IS generally a rectangular shaped parcel located north of PIne Str:eet and east of ' ~ ' Indiana Av~nue in Plnellas County, Flonda The property 15 currently occupIed by several one and two story bUildIngs conslstmg of SIngle family homes and a smalllndustnal bUlldmg The propertyJs_ bordered by open land to the west with I ndiana Avenue beyond and reSidential development to the .' north and south The property IS further bounded by an Improved parkmg lot to the east. " '- , From our reView of a conceptual sIte plan proVIded we understand the planned development WIll consist of the constructlo n of about 18 town homes In fou r se parate bUildings Th e project will ~Iso include the excavation of three storm water ponds and the constructJon of aspha~ dnveways and extenor hardscape ' PUBLISHED SITE INFORMATION As part of our study we have revIewed apphcable sections of the Soli Survey for Plnellas County Flonda Accardi ng to th e "Soli Survey of Plnellas Co u nty", as prepared by the US. Department of Agnculture Natural Resource Conservation ServIce (formerly the SOil ConservatIon ServIce) the subject property IS pnmanly underlain by · Urban land'- Astatula complex; The NRCS describes this Unit as a mIxture of Astatula fine sand and urban land that IS covered WIth houses, Industrial bUildings, pavements and other structures This complex has been modified by cuttmg, gradIng and shaping 6402 W Lmebaugh Ave , Sw~e A Tampa, FL 33625 www burcawlnc com Phone 1 S13 8184606 Fa.l: I 813 891,6686 ~ "' '-j i ~ I ~ -, " I ~ - . ~ ~ I Pr~ ",ed Harold Court Development EGG Project No G04-611 June 22, 2003 Page 2 SUBSURFACE CONDITIONS Dunng our field exploratIon four (4) hand auger bonngs were advanced to depths about 8 feet below ground surface (bgs) The hand auger bonngs were advanced by manually rotating a hand held, small dIameter bucket auger Into the subsurface sOlI The cuttings brought to the surface were logged In the field and representative samples obtained at each change In 5011 stratum In general, our hand auger bonngs encountered bro'wr1 to pale brown fine sands from ground surface to the auger termination depth at 8 feet Detailed descri'ptlons of the salls encountered In our hand auger bonngs are presented on the attached auge:r"bom1g logs l- {~; /t~_"''' H \11* ~; ~ J~~t-:-'~~~;'J:~~"-'r t>_ G rou ndwater was not encou ntered over th e;a-"foot,'depths explored No Indlcatlo n of mOisture was ~ I"'r ..~~ ~_..........o; ~ apparent In the sat! samples recovered from ':our,;hand auger bonngs We therefore estimate the ........;; -{~_...~ ~ - depth to groundwater to be at a depJh grea~er:th~_r.1, 8'Y2. to 9 feet (bgs) at the tIme our auger bonngs rformed " '-\..'":~>-"'''l" ''''-c'' were pe .. j I- ... f~r'i.~r'r'-"i~L--~~'{'l:'" ~ t ...:>.-......_'l , I ,,1 ",,"' ;..l ,,:Ii . , ~ 1. r ~'} :t1"tr-..~1 - ~tJ::4:.").'" ~ The seasonal hIgh water table IS typ~~11:~ncof:f;i~r;d dunng late summer fallOWing the rainy ~ '1.. .r.~\- ~1s..l\__ ~"I(t1t1~h l)..... season Several factors can affect t~e~~7,a~:~9,:~l0h.~g,~\,9roundwater level such as drainage charactenstlcs of the salls, land surface. elevation," and, relief pOints such as lakes, nvers and \ ...... ..{n.n.:t... ""/ ~ ~ ~r~...,w,l~ r ~... swamps Based on our past expenence,'the~ sOll'.lnalcata'rs~exposed In our bonngs and our revIew ~ ; ~ .... ~ tl'Tt'"'''-_~''l.~~~~'If;-'l-T"'''!i'''.t-~M,J;~",("f f'o of the 5011 survey fo r Plnellas Cou nty, we estl mate ,ule'sea'son al hlg h 9 rou ndwater level at th IS site ~ ~- tr 1,r k /!V-....t~...!f!.:\. .L-Et.toL-~.]} ~ 1'"1' ~ may be encountered at a depth abol!1 ~le;fefb'l?lowj ^''''rr'7.gt-graund surface \ r-~;~h;~ r!C; I ~d1t~'{~.." ";, ~.c-.";ff~J..l,;~ _... ..., J;: FlELD PERMEAB1L1TY TESTING,'" "~~ :. . )I...{Y I~"';.....:.~.." I Two field penneabllity tests were p'~rf~~;,.. +:JiJ ?~,,~~.~~IS srte The locatIons of our field testing can be Inferred from the attact(~~~~J,~,,\e ,r on~$]'~,9;J"~,:~t ,LocatIon Plan) Our field testing was performed based on failing head,~~s~L~~!?\~"",.<.' ,;~t~~t!D,g!..was performed at an approximate depth of 4 feet (bgs) Groundwate~ wa,~!~o>>NQ.~l" "".h,er~q~?t~tti~_test locations wlthm the depths explored by our hand auger bonngs ;ES'~~lt,~,~J'~I.' ~~I~W~~lrtK\!) and honzantal (Kh) hydraulic conductivity based on our field testlQg are"p(esente ~the lJoWlr.1g Table , ,-/',,~1\.t\i'1>~ Jl~~;il - ~-' <4fr.,.'{'!: ~~t{.1}:n,}~ '5='$='....~......\ Location Perm 1 Perm 2 ~;::IiI~ '~r~r' . If~~l; : ~J"}01I }o,' I ~{.!(, ~ {leI li~\~ ,- ,,' ,~: , <' I' I I . . I' , ~ , . :1"" , h , I~' ."-C, " ., I : " .' ~ ~ JI" I, I ~ I II ~ I II; I J J _ '1 I ::J:~~ Pn. ,ed Harold Court Development BGG Project No G04-611 June 22, 2003 Page 3 Our findings are based on the deSign InformatIon furnIshed to us, the data obtained from the p revlou sly d escnbed su bs u rface explo ratio n, and au r expenen ce They do not reflect vanatlons In the subsurface conditions that are likely to eXist In the region of our hand auger bonngs and In unexplored areas of the site These vanatlons are due to the Inherent vanablhty of the subsurface conditions In thIs geologic region CLOSING Burcaw Geotechnical Group Inc. (BGG) appreCIates the opportunrty to be of sefVlce to Burcaw & ASSOCiates, Inc by provIding these geotechmcal consulting services If you have any questlons concernIng our findings and test results, please do not heSitate to contact the undersigned Sincerely, ~Bu:ciltechnlcal Group, Inc. J ser Barcelo R taft Geotechnical Engineer /) s( , ,,(~yo 1 George J Stepanchak, P E Geotechnical Department Manager Fla RegistratIon No 58390 Attachments. BOring and Test Location Plan (Plate 1) Hand Auger Bonng Logs 9 \projects\2Q04 prcjed;s\g04-611 harcld court development gec\g04-611 harold C<lurt development. perm's doc o ~ J> ::1i: z Gl "'tI :0 o < B m o "" -< d [ ! n ~~!ii II ;f-~ ,. '&:'l= .. ~ E--J H..~~ -< ,1 .. 3) 6"~ c:J: ~ '" m)> "', <;:;0 mO 1'3' rl i'" \:2 ~r" 00 ~i"'" "Un -iI!=q~ .,.., I ~,.., S:o --< me Z;:;o '\ I . -1-1 ~~ df)r...!i.- I ~f~ b~ ~ f~ Q 0 '$ ~ ~ :0 0 ~ ~ " )> 0 )> o ::1i: -I 0> m z 0 " '- 0 .f::>. J I , " I { : J } 1 ""'0 , I J I , I 1.1 I ~ 11 I J ~ I ~ I i\ I' (I , . \. , \ ~~~{Nl') I;: -"-~l5 ~ ~ ~ OJ 0 :::u - z GJ )> ""'(J Z r 0' )> -I Z fTl U1 -I -~ .-~ ~ ~ .. ~ ~Q ~~ ~s :':-- "'0 :r: g ~ s::: .~ ~ I )> Z CJ r fTl C) [II Z o )> C G1 f'T1 ;0 CD o ::0 Z G1 -0 fTl ::0 ;;:: fTl J> CD C -I -< -I fTl (.f) -I r o " () )> -{ _ ~ ~ ~........, 1 o ~ i:j: Z ..~!.j~t:" , ,'.: ~.~t'~ ~\ -i~~ ~ ~~ \ ~~!3, . r!i l)Jt'i ~ ... I~ ",'" .... ~~.... (-,,-....I';;... t::h "- AUGER BORING lOGS BGG Protect No. G04~611 Auqer BOflnqs performed 052504 HA-1 Depth (ft ) 0-1~ 1% -8 5011 Description Brown, very fine SAND (SP) with trace rootlets and roots Pale brown, fine SAND (SP) with trace rootlets and roots, at 3% feet minor orange staining BOring terminated 8 Groundwater was not encountered at completion of bOring HA-2 Depth (ft.) 0-1 1-3 3-8 8 SOil DeSCription Brown, very fine SAND (SP) with trace shell and rootlets Pale brown, very fine SAND (SP) light brown, fine SAND (SP) with trace orange mottles BOring termmated Groundwater was not encountered at completIon of bOring HA-3 Depth (ft ) 0-;4 %-2% 2%-8 8 SOil DeSCriptIon Brown, fine SAND (SP) With trace roots, rootlets and shell Pale brown, fine SAND (SP-SM) WIth trace SIlt, shell, roots and rootlets light brown, fine SAND (SP) WIth trace orange mottles, at 5 feet trace roots , BOring terminated Groundwater was not encountered at completIon of bonng HA-4 Depth (ft ) o -1~ 1 Y4 - 2% 2%-3 3-8 8 SOil Descnptlon Gray-brown, fine SAND (SP-SM) wrth trace slit, rootlets and roots Brown, fine SAND (SP) WIth trace rootlets and roots Pale brown, fine SAND (SP) With trace roots LIght brown, fine SAND (SP) With trace roots, at 3~ feet trace orange mottles BOring termmated GroundY"ater was not encountered at completion of bOring " 1 ,;" i.'f;> (;~.$ - :~c ~fi 1~~ 1,;.(:,' I,r-" ,!~,,;:,~ f'f'~-:" I,' ,- 'I- ,,''--; ,., ~ =~-" I,,' ! ' ,', , 1,01 , - I: Geotechrucal Group Incorporated . Geotechnical Engineenng . Construction Matenals Tesnng . January 11, 2005 Mr James landers Landcraf! Development, Inc. 3009 Barcelona SL, Suite B Tampa, Flonda 33629 RE: Supplemental Geotechnical Exploration and Testing Proposed Harold Court Development Pinellas County, Florida BGG Project No.: G04-611~1 Dear Mr landers" Burcaw Geotechnical Group~ Inc. (BGG) has completed the supplemental exploration and testing for the above noted project We provIded our services In general accordance with our proposal number GP04-S82, dated December 7, 2004 The purpose ofthe study was to supplement the data provIded In our initIal report for thiS property presented under the same BGG project number and dated June 22, 2004 The subsurface salls were explored through the advancement of one (1) hand auger bonng and the performance of two (2) additIonal field permeability tests ThiS bnef report summarrzes our field exploration and presents the results of our field testing SUBSURFACE CONDITIONS Dunng our current field exploration one (1) hand auger bonn9 was advanced to a depth about 8 feet below ground surface (bgs) at the tIme of our current exploratIon The hand auger bonng was advanced by manually rotating a hand held, small dIameter bucket auger Into the subsurface 5011 The cuttmgs brought to the surface were logged In the field and representative samples obtaIned at each change in sod stratum.' In general, our hand auger bonng encountered brown to gray fine sands from ground surface to the auger termlnatlon depth at 8 feet A detailed descnptlon of the SOils encountered In our hand auger bonng IS presented on the attached, auger bonng log Groundwater was encountered In our hand auger bonng at a depth about 8 feet below ground surface (bgs) at the time of our current exploration Groundwater levels Will fluctuate WIth tIme due to seasonal ramfall and locally heavy preCIpitatIon events, therefore, future groundwater levels may be encountered at depths drfferent from those indIcated by our auger bonngs The seasonal high wate r table IS tYPIcally encou nte red du n ng late sum mer folJowln g the r81 ny season Seve ral factors can affect the seasonal hIgh groundwater level such as drainage charactenstlcs of the Salls, land surface elevatIon, and relief pOints such as lakes, nvers and swamps Based on the sOil Indicators exposed In 0 u r bon ng s and review of th e SOil su rvey for Pm elfas County, we estimate the seasonal hIgh groundwater level at thiS site may be encountered at a depth about 5 feet below current ground surface 6402 W Lmebaugh Ave, SUHe A Tampa, fL 33625 www burcawmc com Phone I 8138184606 Fa.x 1813891 6686 Y~3t.;'~ ",~"'r ~...~'t'"",..~,..,~t.-t"l>-...- ~1tt~!f~~11..J~ l~t2~tiI1.(, .:1 ~~l~ ( ~ ~~~~; ~ S"~4""~~'L4-? f.:.<i:;;,d';'~ ;: r;:~p7t!rJ.~L ....... 1 n-.I~ ;F......i;. >.. "': , ,.... ~1 n!... I<(~" ~ .., U ... , ' '" r - ~ , .' I;?r:/ ......~:.... iO(!';ao.. ~KI,_..._ ~~- J"~t ~I~'t~ '. , ~'t- . r:'f~5; ~~~: I'~-\ /,!. t -, 'ii" " ~! rl.:'~ I~', :"" r tr'o$.;... 1< [,tt ti'...: f. ~ r, I, ~,: ~;:' r ~ ~ ~ ~ [ I I ~ ..-:.... - Supplemental Geotechnical Exploration and Testing Proposed Harold Court Development BGG ProJect No G04-611-1 January 11, 2005 Page 2 FIELD PERMEABILITY TESTING Two field permeability tests were performed at the approxImate locations Indicated on the attached Hand Auger BOring and Permeability Test Location Plan (Plate 1) Our field permeabllrty testing was performed based on/failing head test methods The testing was performed at an approXImate depth about 4 feet (bgs) Groundwater was encountered at a depth about 8 feet (bgs) Estimates for both vertical (Kv) and honzontal (Kh) hydraulic conductIvity based on our field testmg are presented In the following Table Kv - Kh Location Vertical Hydraulic Honzontal Hydraulic Conductivity ConductIvity (ft Iday) (ft Iday) Perm 3 3 9 Perm 4 4 12 LIMITATIONS This report has been prepared for the exclusive use of Landcraft Development, Inc., and Burcaw and Associates, Inc for the specmc application to the project prevIously discussed- Our findings have been rendered uSing generally accepted standards of geotechnical englneenng geology . practice In the state of Flonda No other warranty IS expressed or Implied Our findings are based on the deSign information furnished to us, the data obtamed from the prevIously descnbed subsurface exploration, and our expenence They do not reflect vanatlons In the subsurface condrtJons that are likely to eXist m the region of our hand auger bonngs and In unexplored areas of the site These vanatlons are due to the Inherent vanabllrty of the subsurface conditions In this geologic region CLOSING . Burcaw Geotechnical Group Inc. (BGG) appreciates the opportunrty to be of contmued service to Landcraft Development, Inc and Burcaw and ASSOCiates, Inc by prOViding these supplemental geotechnical consulting services If you have any questions concernmg our findmgs and test results, please do not heSitate to contact the underSigned Sincerely, Burcaw Geotechnical Group, Inc. C)rl%s- George J Stepanchak, P E Geotechnical Department Manager Fla Registration No 58390 ~~ Joser Barcelo R Staff Geotechmcal Engineer Attachments Bonng and Test LocatIon Plan (Plate 1) Hand Auger Bonng Log cc Burcaw & ASSOCiates, lnc I Mr Bnan Wilkes 9 IproJectsl2OO4 proJectslg04-011 harold court development 9001904-811-1 supplemental harold court development- tests doc 0 :OJ :> 2: z Gl ~ :OJ 0 s: 0 M 0 ro -< tD ~ c: " ;!I .:: ,.., :t> ~ Of' :t> V> V> 0 n :> 3) :I: Ul ~ :P- c: ,;tI 1J 0 1J -" r- r- t::z 0 m t~ ill rr. n > :i: >~~ t.r 0 Z m i~~ ;;j z c: 0 -I t~ ;tI -I > --< -I m r- 0 Ul m m -I >< < Z 1J m Gl r r 0 0 ;:tl 1J :to g: -I m 0 z Z -I n 0 ~ ::;: :n ....... '" :> N m 0 ~ N W G) C- o en III ./::>. ;0 Z '" !;2 -{ r m (f) "'U r ~ G) c.- o 0 ro m .+:>. z , ....... 0) 0 ....... ....... I ........ ~ iJj .... a.s: ~ 7d "-~ ~ C) (3 C '"0 S' f"> ~ ~"tl~-i::=: ~ n FiH- ~~ . ><z'? ~ ~t ~r..,:,,~ ~~_ D~-!tft _ =:~;;~; ~ir ~.~~:~ "'1 I~i~~ 0'. f J > .,.. ~ ~~~ "'00> -3 JJ ! 0 so D 3.\ J:.1$,E 4S161\A1", "i ~------- "'. 0; '" -" ,~ :!:;- . "" .... 00 NORTH % ll' \ ! S ( I l \ ;:.-; 0J 1~0Il2"31~ i1€ 03 Fl ~ I ti ~ , ~ ;; , " '" ~ l-~ *_ poqct ~ I~ ftW"QlI' "7~~~~~ @ '" ~ ! ,,~i' ~'~ c: "'" iCJ ;;. -=- ---;;-. ~ g; :.~ ~~~I ~~ ~~ =n I .., ~~)'~ ~I~n"n ~~.F ....""'"~ .... ~~ - ~ ;~ ~ ;~ ~ ;: ~ ~~ I~~~ U ~~ :r. \75 li3 (F) I; C'L,,- ~ \75'{P J 'Ir~ _ Il ~!'~.J~\- ~ ~ ,......._'~ ~ e;~ ~~~ 5""~ p f~ ~ ~~ ; -..~ -' ~ Ii. ~Oil ,!,...... t =H jf~~ ~~ ~ ~l. I' ~ -0 fTl AJ- s:: fTl I' )> (0 )>- - Z r 0 - -l -< :t> -l -c fTl Gl (j) fTl -l :;0 r m 0 0 0 :;0 :t> - Z -l C) - 0 Z ~ u r )> Z ~ ..... o '" ~ ~~!,! ""0 :r: rT'l :::D >- 3:::: I I .;~ ~~ ..... ~ ; L :: ~ ~ ~ I)>- "'"0)>- )>-"'"U f'Tl U Zu ::::0 ""D 0;::0 ~:::o 0 f'Tl0 r )>x )>x rrl c~ aJ - G))> -~ C) rl-i ,)> ::::Of'Tl -i-l [T1 -<ri OJ, -I, Z 00 f'Tl0 0 ;::on Ul() -)> -I)> z-i G)- -i 0 0 z z 0 0 ...,., ...,., ~ ..,.,..- !' I >, " , ' ,( J YAUGER BORING LOG " ;,~i ~ ~,. ~,.~or.:~: BGG Project No G04-611-1 Auqer SOrlno performed 12 23 04 :-:' 'HA-5 ~r ,~ Depth (ft ) _' 0-1~ j r.... ~ <,. ,'" 1 % - 5 ~;", ' '5 - 611 .0. l /2 6~ - 8 8 SOl! Descrlptron . Srown, very fine SAND (SP) Light brawn, fine SAND (SP) Tan, fine SAND (SP) Gray, fine SAND (SP) BOring terminated Groundwater encountered about 8 feet BGS at completion of bOflng " I r 1