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FLD2004-05039 "Old Cleanvater City Flats & Old Cleanvater at Wells Court" / '~ -' PROJECT NARATIVE (Amended 07/30/04) ORIGINAL B. Description of Request: The ApplIcant (Corbett Development, Inc) proposes to develop the subject sIte (2 79 acres) as a lluxed-use project conslstmg of condommmms (2 09 acres) and specIalty shops plus restaurant (0 70 acres) The condomInIUm proJect WIll be called "Old Clearwater CIty Flats" and wIll mclude (48)- 1,700 SF condommmm umts and a 2,757 SF club house wIth landscaped common area around a sWlmmmg pool wIth (9) penmeter parkmg spaces The retaIl portIOn of the proJect WIll be called "Old Clearwater at Wells Court" and wIll mclude (4) specIalty retail shops (1st floor at 690 SF each) and a speCIalty deli/restaurant (2nd floor at 1,600 SF) The CIty Flats will be constructed III (3) bUlIdmgs (Scncs 200, 300 & 400) varymg III heIght from 4 to 5 stones (47'-1" to 59'-2") surroundmg a centrally located club house The club house WIll be a smgle story structure to a heIght of 16'-6" The Wells Court bUlldmg will be (2) stones to a heIght 0[34'-0" The restaurant IS proposed above the CIty Flats entranceway With a 14-foot vertical clearance, and the shops WIll be located symmetncally straddlmg each SIde of the entranceway The entranceway WIll be from Turner Street and WIll serve the entIre project The retail portIOn of the project WIll Include 31 parkIng spaces The commercIal bUIldmgs WIll be posItIoned 25 feet from Turner Street WIth stormwater ponds designed to accent the projcct along Turner Street Lush landscapIng IS planned to accent the proJect penmeter and mtenor The apphcant has met With staff on (2) occaSIOns, mcludIng a BPRC meetmg on May 12, 2004, to reVIew the proposed proJect To accomplIsh the project, approval IS bemg requested via a Flexible Development Level II Comprehensive InfiIl Redevelopment Application due to the followmg "standard code deVIatIOns" requmng fieXlbIhty 1 The project IS a mIxed-use development m a commercIal zonmg dIstnct 2. The condominium buildings are shown as Building 200, 300 and 400. The 200 and 400 Buildings are identical and will vary in design midpoint hip-roof height measured from the assigned Finished Floor Elevation (FFE) to 47'-1" and 59'-2" above FFE, for the 4- story and 5-story segments of the structure, respectively. According to the applicant, the above Building 200, 300 & 400 hip-roof heights, in consideration with the Club House and Commercial Building 100 heights, generate an average building height of less than 47' which provides for an esthetically pleasing project that IS economically feasible. 3 The condommmm bUI1dmg #200 along Myrtle Avenue Will be setback 21 33' from the property Ime WhICh IS less than the code reqUIrement of 25' and the outSIde walkwaylbalcony (pavement edge) IS setback 15' from the property Ime WhICh IS less than the code requuement of 25' 4. The condominium building #300 along the southern property line Will be setback 11.33' from the property line which is greater than the code requirement of 10', however the outside walkwaylbalcony (pavement edge) is setback 5' from the property line which is less th an the code req niremen t of 10' . 5 The southern buffer WIll vary m Width from 5' to 1674' whIch deVIates form the code standard of 10' "Old Clearwater City Flats & Wells Court" Page 1 of3 '~ D. Written Submittal Requirement: 1 The surroundIng properties Include neIghborhood scale retaIl (new Pubhx and shops), small profeSSIonal offices, the RCS Food Pantry (to rernam), St CecelIa's Church and sIngle farntly reSidential homes The project Will be m harmony wIth the surroundmg properties by virtue of the elImInation f the blIghted commercial property to be replaced with 1uxunous condommmms and speCialty shops catenng to local neIghborhood needs The project WIll be an extensIOn of the downtown wIth a MedIterranean flavor and archItectural flare ResIdents of Old Clearwater City Flats Will enJoy the pnvacy of a gated commumty whIle enjoYIng the VIew of the Intenor pool area and/or the nearby hlstonca1 neighborhoods Wells Court WIll offer a restaurant and shops to cater to reSidents' needs that Will comphment the goods and servIces offered by the nearby Pubhx Shoppmg Center at Turner and Fort Hamson QUick access to the Pmellas TraIl WIll also bc a benefit to reSIdents 2 The proposed development IS expected to be the highest and best use for the property, which should mcrease neIghbonng property values It should be noted that the eXlstmg Scotty's fac]hty has been systematically abandoned for over 10 years and IS hkely degradmg local property values The present site owner IS RCS, Inc , WhICh IS a not-for-profit orgamzatlOn Development of the property as proposed IS hkely to advance the City tax base 3 The proposed development WIll m no way degrade the health and safety of reSidents hvmg or workmg m the neIghborhood Conversely, the project IS expected to Improve the secunty of the neIghborhood by ehmmatmg abandoned, unsafe warehouse bUlldmgs, removmg a railroad spur and Improvmg localIzed floodmg problems In additIon, the proJect will create vanous new Jobs 4 The proJect WIll be far less mtense than a 3-acre commercial development and Will mlmmlze traffic Impacts by ehmmatmg vehIcular access directly to Myrtle Avenue 5 The project WIll propagate the "hve-work" relationship already explodmg m downtown Clearwater The project IS expected to create a nostalgia of "Old Clearwater" With everythmg reSidents need wIthm wa1kmg dIstance 6 The benefits of the project WIll mclude lush landscapmg, Medltcrranean architecture, pedestnan SIdewalks, resIdentta1 scale lIghtmg, and lImited shop operatmg hours Comprehensive In fill Redevelopment Proiect Criteria: 1 Redevelopment of the subject property as a commerclallretaJl operatIOn ]S SImply not feas]ble III the subJect neighborhood Hence, the Scotty's has remamed closed and has been systematically abandoned over the past 10+ years The proposed mixed-use project ]S more practical and IS more m harmony with the surroundmg neighborhood In additIOn, smce the present owner of the property IS a not-for-profit organizatIOn, the ApplIcant expects the CIty tax base to be benefited as well "Old Clearwater City Flats & Wells Court" Page 2 of3 ~ ~ 2 Re-development of the property IS expected to mcrease the property value from $1 5-mtllIon to $13-mllhon followmg Improvement based on condommIUm umt market values of $250,000 for 48-umts and retall parcel value estImated at $ I-millIon I ' 3 The proposed cOndOmInIUm and specIalty retail shop uses are penmtted uses elsewhere In the City 4 The proposed uses are m common with, compatible and compbmentary to adjacent land uses and the surrounding neighborhood 5 The appbcant has not located any SItes wIthm the City that offer more sUitable and feasIble proxImtty to downtown, adjacent retaIl (Pubhx, shops, etc ), medical facIlities, government, the railroad and/or the Pmellas Trail 6 The project IS proposed to remove and replace a bltghted commerCIal development (old Scotty's) wIth luxunous condommIUms and specialty shops Hence, the proJect IS expected to upgrade the ImmedIate VICInIty 7 The proJect IS expected to enhance the commumty character by encouragmg, to the greatest extent pOSSible, a "lIve-work-servIce" relatIOnshIp wlthm a downtown core area 8 The proposed proJect reqUIres mmor flexibIlity of reqUIred setbacks bUl1dmg heights and landscape buffers to be reasonably and feaSIbly developed The applIcant belIeves SaId flexIbibty can aSSist m Increasmg property values, character of the neighborhood, the City tax base, and In creation of Jobs 9 The parkmg faclbhes for the project are expected to fully sustam the resIdentIal and commercIal uses proposed for the proJect 10 The appltcant mtends to utIlIze speCific architectural deSigns and themes which have been hIstoncally eVIdent m the neIghborhood, even though the project IS not wlthm the tounst or downtown dIstncts "Old Clearwater City Flats & Wells Court" Page 3 of3 ~ " "Old Clearwater City Flats & Old Cleanvater at Wells Court" PROJECT DRAINAGE SYSTEM NARRATIVE (Revised 7128/04) The ApplIcant (Corbett Development, Inc) proposes to develop the subject site (2 79 acres of the 3 85 acre ! ". parent tract) as a mixed-use project conslstmg of condommIUills (Residential 'Parcel 209 acres) and specIalty shops plus restaurant (Commercial BasIn 070 acres) The cOndOmInIUm project will be called "Old Clearwater City Flats" and wIll Include (48)-1,700 SF condommIUm units and a ~ 1,875 SF club house wIth landscaped common area around a sWImmmg pool with (9 11) penrneter parkmg spaces The retail portion of the project will be called "Old Clearwater at Wells Court" and~ wdl mc1ude (4) specialty ret311 shops (1 Sl floor at 600 690 SF each) and a specialty dehlrestaurant (2nd floor at --l-,-GOO 1,600 SF) The stormwater dramage design WIll mc1ude four (4) dry retentIOn ponds and a 50' x 20' x 4' deep stormwater vault to be constructed below the retail parking area and drive aisle Ponds 1 & 2 and the vault wIll serve the Commercial Basm and Ponds 3 & 4 will serve the Resldentml Basm Each pond system has been designed to provide water quality treatment for the first Y2-mch of runoff usmg engineered underdram systems which completely dIscharge wIthm 24 hours, provldmg full retentIOn capacIty recovery The vault for the Residential Basiu will have a bottom elevation of 22.5' which will allow all stored stormwater to gravity flow into Ponds 1 & 2 (bottom elevations = 22.0') for ultimate discharge through tllIe underdrain system in Pond 2. The entire treatment volume stored in the vault and Ponds 1 & 2, below the outfall structure (8-51) weir elevation of 25.30', will be recovered in less than 24 hours as required. In addItIOn, each pond system provIdes storage based on attached calculations usmg the RatIonal Method (delta C * I * A) for the 25-year stann and a I-hour (3600 sec) time of concentration, where delta C IS the difference between the weIghted post-development and pre-development runoff coefficients In addItIOn, based on the City Storrnwater Manual, the pre-development runoff coefficient utilized IS 020 SInce the City Staff contends that the Site "contnbutes to localized flooding" Hence, no credit IS being taken by the ApplIcant for the present 1 00% ImpervIOus conditIOn of the site The Applicant requcsts that the City Staff give due consIderatIon to thiS extreme hardship dunng the review of the project and the dramage system parameters (I e use of vertIcal wall III 50% of the ponds, proximIty to buffers, etc ) The Pond bottom and top elevatIOns are gencrally between elevatIOn 20 5 and 260 The SHWT elevatIOn has been approximate to be at elevatIOn 19 0 based on annual water level data collected from onSlte wells by an envIronmental consultant dunng environmental studies on the property In 1991 & 1992 Hence, the ponds WIll be Dry RetentIOn Ponds Ponds 2 and 3 Will contam outfall control structures With rectangular weirs elevated and SIzed to control the post-development runoff not to exceed the pre-development runoff The Pond 3 outfall structure Will actually dIscharge through the Pond 2 outfall structure, which Will provIde ultImate pOSItive outfall the a 72-lllch RCP III the center of Tumer Street Each Pond System IS deSIgned to have 0 5 feet of Freeboard It should be noted that although the CIty of Clearwater IS requITIng water quahty treatment and attenuatIOn, the SWFWMD Will only reqUire water quality treatment smce the proJect IS less than 10-acres of proJect are and less than 2-acres ImpervIOus In the past, the SWFWMD has also granted exemptIOns for Similar projects based on reductIon of pollutant loadmg (1 e reduction m use Intensity, dImmlmus Impact) "Old Clearwater CIty Flats & Wells Court" Page I of 1 r PLANNING & DEVELOPMENT " ,',.' SERVICES " ' ~ \ \)' CITY OF CLEARWATER \', " I --------' . , ORIGINAL Old Clearwater City Flats & Wells Court Flexible Development Application (Comprehensive Infill) FLD 2004-05039 Revised Resubmittal July 15, 2004 Original application submittal date May 26, 2004 o SUBMIT ORIGINAL SIGNED AND NOTARIZED APPLICATION IS' o SUBMIT It COPIES OF THE ORIGINAL APPUCA TION including 1) collated, 2) stapled and 3) folded sets of sIte plans(SI'~ g Sei'ct.Ea> , r"'" co '/ EJ SUBMIT APPLICATION FEE $ ,) -z.O=> - I~, " * NOliE 1i':i"OTAl SETS OF INFORMATION REQ~rff~p,(ARPI..!If;AT'rONS'F.iUS SIJE,pt.P;NS'SEFSl CASE"". DATE RECEIVED RECEIVED BY (staff Initials) ATLAS PAGE # ZONING DISTRICT LAND USE CLASSIFICATION SURROUNDING USES OF ADJACENT PROPERTIES NORTH SOUTH WEST EP!ST~ "r;= G\ r;::::: n \\ f' r::::::J r~ ) I I r ~ \ I " ~ II \\11 1[_ ~\ \ lnJ) ,i ~ \/: ~ U \~I ~I II' \ I <) -', I l L .JUL I 52004 "U) FLEXIBLE DEVELOPMENT APPLIC \TION ~'.., Comprehensive Infill Redevelopment Project (ReV1Se~ IIJ051821\NI\.IIN~/1~1{!~~:~LO')/ilENl I 1 CITY OF CLE, -lNATER - PLEASE TYPE OR PRINT-use additIonal sheets as necessary Planning Department 100 South Myrtle Avenue Clearwater, Flonda 33756 Telephone 727-562-4567 Fax 727-562-4865 A APPLICANT, PROPERTY OWNER AND AGENT INFORMATION: (Section 4-202.A) j)E\JEf...t::,(t-tZ.. L APPLlCANTNAME~lXAKf:. loN.~AC.Rt: e~ e.o~rr ~PM6J'- (LAND R.RC-ttA'SE12.) MAILING ADDRESS 40 I L.oRa=:1T S-n:u:e" Su. lTE I lO I Cu:AR~&l. ) R.. -33,1 0 E-MAil ADDRESS FBL DE" @TAM~ BAY, RR. CCWl PHONE NUMBER (il.1) 5"'0 -- 5sq", CEll NUMBER <.. ., z -,) 560 - S59tp FAX NUMBER _( 12-,) .44 b -- \ 1.... q Co PROPERTY QWNER(S) R6U & I O-..lS t:otv\f'V\lJ")\\)' SeR. VI CESS. (Res)), tJc. (MlIst Indllde ALL owners) AGENT NAME(s)~15LA ~ loNGtAtRE l Smrr L'N c.cuJ j R: C/o LA ~I\JIL MAILING ADDRESS ~fo CcuRT STREt.1 I <.\.61f{WhC6'Z. J FL 3375<0 E-MAIL ADDRESS S L , N COL,J @ LAe.'VI L ~ tOM PHONE NUMBER l-rz,) 44 ~ - q ceo CELL NUMBER (127) iD't -10'151 FAX NUMBER (-1'2...,) 14fo - 'loso LEGAL DESCRIPTION PARCEt ,Jl.lUM6ER PARCEt SIZE Page 1 of 7 - flexible Development ApplIcatIOn - Comprehensive Inflll Redevelopment PrOlect- City of Clearwater DOES THIS APPLICATION INVOLVE THE TRAf',,~rER OF DEVELOPMENT RIGHTS (TOR), A Ptt~IO\JSl Y APPROVED PLANNED UNIT DEVELOPMENT, OR A PREVIOUSLY APPROVED (CERTIFIED) SITE PLAN? YES _ NO ..x.. (If yes, attach a copy of the applicable documents) C PROOF OF OWNERSHIP; (SectJon 4-202.A) rJ!' SUBMIT A COPY OF THE TITLE INSURANCE POLICY, DEED TO THE PROPERTY OR SIGN AFFIDAVIT ATTESTING OWNERSHIP (see page 6) (A-rTA-c..H.Eo) D. WRITTEN SUBMITTAL REQUIREMENTS; (Section 3-913 A) ID 'p,rovlde complete recslionses to the 'SIX (6) GEI'tERAL APPLICABILITY CRITERIA - Explain ~'each cntena IS achIeved, In detail The proposed developmenl of the land will be In harmony WIth the scale, bulk, coverage, den Ily.and>Gharacteyof ad/acent,propecttesl' which Ills located II " IE {~ I? II \VII I n SEt A-rrA CHft) (1u)d'ecr tJAflR.A1\ \IE IIL,J!~~' U~~II 111111 1111' 5 ?n04 I; I~ u U ,1t1 - - P of adJacen~ land and bUlldmgs or slgn\ficanlly PLANNING & f"r::VELOPMENT SERVICES n 1="' 2 The proposed development will not hInder or discourage the appropnate development and us Impair the value thereof (SEt t\'1"TAc.f-fE!;> fko-;:rECT NARM"nv~ 3 The proposed development Will not adversely affect the health or safety or persons residing or working In the neighborhood of the proposed use ( S~ M'TAWED mo~ecr NAf(AA-rI~) 4 The proposed development IS deSigned to minimiZe traffic congestIOn ( &:E A1TAtl-fa> Rukree-i NN<RA-nVE.) 5 The proposed development IS consistent With the community character of the Immediate VICInity of the parcel proposed far development ( SEE .A-iTAc.HEO ~ I\lA~-rl\/c) 6 The deSign of the proposed development mInimizes adverse effects, including Visual, acoustic and olfactory and hours of operation Impacts, on adjacent properties ( ~ Ai'TA-CHEt> flZoclecl NA~RA"'\"~") a PrOVide complete responses to the len (10) COMPREHEN$1VE INFllL REDEVELOPMENT PROJECT CRITERIA (as applicable) - Explalfl how each cntena IS achieved In detaIl The development or redevelopment of the parcel proposed for development IS otherwise Impractical WIthout deVIations from the use, intensity and development standards (~ A1TAC.ttEl> t1'<(}-:fecr NAf?R.ft,\\Jf:) Page 2 of 7 - fleXIble Development Application - ComprehenSIVe loflll Redevelopment ProJect- City of Clearw ater 2 The development of the parcel proposed for development as a comprehensive Infill redevelopment project or residential ,"filt project will not reduce the fair mark-et value of abutting properties (Include the eXlstlflg value of the site and the proposed value of the site with the Improvements) (SEE A1TAt.HED fl2oJ&J N~V€) 3 The uses within the comprehensIve lnfill redevelopment project are otherwise perrmtted In the City of Clearwater (St;E Al'lAt.\1a::> ~();JECf NARRAT\\/€) '4 rhe uses' or mix of use WithIn the 'cdmpre hen'sl'le,lnfill redevelop-menl p~oject are co;npatlble with ~Jacent land us~s (.sEE AIIAt~€D'R?()dK-r NARf2AT\\.E:) 5 SUitable sites for development or redevelopment of the uses or mix of uses Within the comprehenSive Infill redevelopment project are not otherwise avallable In the City of Clearwater (see AiTA c.tf ED f1?o~€C-T tJ M2A-rl\/f) 6 The development of the parcel proposed for development as a comprehenSIVe Infill redevelopment project Will upgrade the Immediate VICinity of the parcel proposed for development (~ Art ACHEt::> fl26~ECr rJMLILA'flVC ) - 7 The deSign of the proposed comprehenSive ,"fill redevelopment project creates a form and function that enhances the commUnlly characler of the Immediate VICinity of the parcel proposed for development and the City of Clearwater as a whole (SEE. A1TA CH ED Re.b'Z"ECT {'JNlilA-rll.E) 8 fleXibility In regard to lot Width, reqUired setbacks, height and off-street parkmg are Justified by the benefits to community character and the Immediate VICInity of the parcel proposed for development and the City of Clearwater as a whole ( SEE k1-rAt1-t.8) faurecr r-JMlIl./tilJE) 9 Adequate off-street parkmg In Ihe Immediate vIcinity accordmg to the shared parking formula m DIVISion 14 of ArtIcle 3 wlII be available 10 aVOId on-street parking In the Immedlale VICinity of parcel proposed for development (see A:,-rAC-tfED .J1?o;:TEcr NAl2J2kTI ~ ) 10 The deSign of all buildings compJres With the TOUrist Dlstnct or Downtown District deSign gUIdelines In DiVISion 5 of Article 3 (as applicable) Use separate sheets as necessary (~ J\\'"-rACttC-C> fRD:fECr tJNl1l...A-rIJE") Page 3 of 7 - flexlbte Development Application - ComprehenSive lnflll Redevelopment Project- City of Clearwater E 'SUPPLEMENTAL SUBMITTAL R JIREMENTS: (Code Section 4-202 A) ~ SIGNED AND SEALED SURVEY (including legal description of property) - One origmal and jC~Ies, o TREE SURVEY {mcludmg eXisting trees on site and within 25' of the adjacent site, by spe"es, size (DBH 4" or greater), and location, Including drrp lines and indicating trees to be removed), (Nb ON <; I~ ~ J LOCATION MAP OF THE PROPERTY, L CoJffi 'Stl E:.er l>f= Put-~S.A-NO A---rrAC tot a> ) " o PARKING DEMAND STUDY In conjunction With a requesl to make deViations to the parklOg standards (Ie Reduce number of spaces) Prior to the submittal of thiS application, the methodology of such study shall be approved by the Commumty Development Coordinator and Shall be In accordance With accepted lrafflc englneenng prmclples The fmdings of the study W III be used 10 determmmg whether or not deViations 10 the parking standards are approved, if GRADING PLAN, as applicable, , ," - )' ~ '[JC" ,P>REtlMI,NARY pljA.;r" as reqlil~(:I\(NoJe ,B-!Jlldl!1g~pelrnlts wllI'not bElJIssued untd-evldene;e ofrecord)ng af~njil plat I,!tp<r~'\rlded), ,! ^~ o COpy OF RECORDED PLAT, as appllcal5le; F, SITE PLAN SUBMITTAL REQUIREMENTS: (Section 4-202 A) rjf" SITE PLAN With the follOWing information (not to exceed 24" x 36") ./' All dimenSions, -L North arrow, 7 Engineering bar scale (minimum scale one Inch equals 50 feet), and date prepared, ~ Location map, Z, Index sheet referenCing IndiVidual sheets mcluded In package, v . Footprml and sIZe of all EXISTING bUlldmgs and structures, -;7 Foolprlnt and size of aU PROPOSED bUildings and structures, /. All required setbacks, 7 AU eXlslmg and proposed pomts of access, -,/ All requITed slghltrlangles, NA Identification of environmentally umque areas, such as watercourses, wetlands, tree masses, and specimen / trees, Includmg deSCription and location of understory, ground cover vegetation and WIldlife habitats, etc, ~ Locatron of all public and private easements, V . LocatIOn of all street nghts-of-way wlthm and adjacent to the Site, 7 Location of eXlstmg public and private utilities, mcludlng fire hydrants, storm and sanitary sewer lines, manholes and 11ft stations, gas ./ and water lines, All parKmg spaces, dnveways, loadmg areas and vehicular use areas, Includmg handIcapped spaces, 7. Deplcl10n by shadmg or crosshatchmg of all reqUIred parkmg lot Intenor landscaped areas, 7 Local1on of all solid waste containers, recycling or trash handling areas and outSide mechanical equipment and all reqUired screening (per / SectIOn 3-201(D){I) and Index #701}, '/ Location of all landscape matenal, 7" /IIi Location of all JUrisdictIOnal lines adjacent to wetlands, 7 Location of all onslte and offslte storm-water management faCllitles, - LocalTon of all outdoor lighting fixtures, and 1 Location of all eXlstmg and proposed Sidewalks Q SITE DATA TABLE for eXlstmg, required, and proposed development, m written/tabular form C CWEIL s,fft- T 0 F" FiA-N5) -:./ land area m square feet and acres, Z Number of EXISTING dwellfng umts; " Number of PROPOSED dwelling umts, ""7 Gross floor area devoted to each use, V Parking spaces total number, presented 10 tabular form With the number of reqUired spaces, 7' Total paved, area, including all paved parking spaces and driveways, expressed m square feet and percentage of the paved vel'lIcular area, ....z Size and species of all landscape material ..i.~ OffiCial records book and page numbers of all eXisting utility easement, BUlldmg and structure heights, Impermeableisurface ratio (I S R ), and Filoor;ar~i(alio (F A R ) fof, all'monresldentlal uses Q REDUIZ:ED SITE P~Nlto scale' (8' % X 1'1) and,color rendering If pOSSible [E rr I? n II r r---, f'-'" O J/\ c' I \ , I - -J ~,~, I \ r ,- ~I ", ,- I I \:::'..l t L...-, U \~I = 1 ' , " I I-~~--~'- ! JUl152004 : ~I i I, I _~ o FOR DEVELOPMENTS OVER ONE ACRE, prOVide the followmg additional mformatlon on site plan ...L One-foot contours or spot elevatIons on Site, Offslte elevations If reqUired to evaluate the proposed stormwaler management for the parcel, All open space areas, Location of all earth or water retalrung walls and earth berms, Lot lines and bUilding lines (dimensioned) Streets and drives (dimensioned), BUilding and structural setbacks (dimensioned), Structural overhangs Tree Inventory prepared by a .certlfied arbons!", of an trees 8 DSH or greater, reflecting SIze, canopy (dnp lines) and condlllon of slJch trees PLANNI~JG & r -VELOPMENT SERVICES CITY 0':: CLE,' k,WA TER Page 4 of 7 - FleXible Development Application - Comprehensive Infll1 Redevelopment Project- City of Clearwater ~ ~ ~ -.:L. ..J 7""'"'""" 3l' ~ ~ o G. 'LANOS~APING PLAN SUBMITTA't'~EQUIREMENTS' (Section 4.1102.A) LANDSCAPE PLAN All eXisting and proposed structures, Names of abutting streets, Drainage and retention areas Including swales, side slopes and bottom elevations Delineation and dimensions of all reqUIred perimeter landscape buffers, Sight vIsibility triangles, DehneatlOn and dimensions of all park.ing areas mcludlng landscaping Islands and curbing, Propased and feq.l.llfed .parkmg spaces. EXIsting trees on-Site and Immediately adjacent to the site, by species, sIze and locattons, Including dnpllne (as Indicated on reqUired tree survey), LocatIon, Size, descnptlon, speCifications and quantities of all eXisting and proposed landscape matenals, including botanical and common names, TYPIcal plantmg/detallsofor trees: ,palms, shrubs 'and ground cover plants'lncludmg .instrucbons, sod,mtxes, backfilling, mulching and protecbve m~easures~'- l' j (! :- ...~ ..-.. t.. )I,.",_.>,&. \7! ...~~_-1~~..- -.y!"-~""~"'....r.v'/"':."Ir~ \ ~'l;-!;~""'i"':":~,,",Ll,W\ "'-~b-.:o""'~;l-t{,;,.~~i-.'''' ~./~ ....:1,......... ~-!.~ Intenor.langscapmg, areas hl!-tc:hea,andlor:shagea an,d'I;i!Jjeled'and Int~npf)land~papefcoverag~,"\.expr!l~slnglln~~Otl1Ys~ua1e feet, and percentage-covered, - ~ ~, Contlllions of a prevIous development approval (e g conditions Imposed 'by the Community Development Board) Irngatlon notes (t cD C>/D \ lU2.t4A-rIO,.,} CcO::"-IlJ\QG. 1'0 BE f'R.n..J l0<26 ) REDUCED LANDSCAPE PLAN to scale (8 l) X 11) (color rendering If pOSSible) IRRIGATION PLAN (reqUired for Level Two and Three apphcatlons) (To ~ P/lta 01 OEb Pflt oIL 10 C:D B) ~ I ~ ~ ~~ ~ \ ~ f ~ "' "~ )' o COMPREHENSIVE LANDSCAPE PROGRAM application as applrcable H. STORMWATER PLAN SUBMITTAL REQUIREMENTS: (City of Clearwater Design Critena Manual and 4-202;A.21) r.t STORMWA TER PLAN lOcludlng the folloWlOg requIrements / EXisting topography extending 50 feet beyond all property lines, '"7 Proposed gradmg Includmg filllshed floor elevailons of all structures, /. AU adlacent streets and mUnicipal storm systems, -::7 Proposed stormwater detention/retention area Including top of bank, loe of slope and outlet control structure, ---:;7 Stormwater calculallons for attenuation and waler quality, 2' Signature of Flonda registered ProfeSSIonal Engineer on aJI plans and calculatIOns a copy OF PERMIT INQUIRY LETTER OR SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT (SWFWMD) PERMIT SUBMITTAL (SWFWMD approval IS reqUired prIOr to Issuance of City BUilding Permit), If applicable a COpy OF STATE AND COUNTY STORMWATER SYSTEM TIE~IN PERMIT APPLICATIONS, If applicable (NA) . I, BUILDING ELEVATION PLAN SUBMITTAL REQUIREMENTS: (Section 4-2D2.A.23) ReqUired m the event the application meludes a development where deSign standards are In Issue (e g Tounst and Downtown Dlstncts) or as part of a ComprehenSIVe Infill Redevelopment Project or a Resldenhallnfill Project rg{ BUILDING ELEVATION DRAWINGS - all SIdes of all buildings including heIght dimenSions, colors and matenals r;/' REDUCED BUILDING ELEVATIONS - four Sides of bUlldmg With colors and matenals to scale (8 l) X 11) (black and white and COIOf renderlng, If pOSSible) as reqUired J, SIGfI,IAGE: (DIVISion 1;9. 'SIGNS,{~Secti9n\3..:t~06) Q All EXISTING freestanding and attached sIgns, 'Provlde photographs and dImenSions (area', height, etc), 1r.ld1lcate-whethel"theY Will be"remov€d'or- - ~ to remam rn\ ~ rr ~ n \\ft I~ r . ~ All PROPOSED freestanding and attached SIgns ProVide details including location Size, height, colors, ma eBln(lI:-.\.~ c U IJ ..s", , i o ComprehenSive SIgn Program application, as applicable (separate application and fee reqUired) 'J j j ,/ R,do"d "9009' pcopo,"' la Yo X 11) 100"')." ,"'m'tt,", Comp"",""" S", Pro,,,m 'pph,,"'" n, JUI I 5 2004 II i!/ L -.J PU,NNING 8. r "V~LOPMENT SER\'ICI-S CIT'r' 0..- CLE,.' HV'Jf\ TER Page 5 of 7 - FleXible Development Apphcatlon - ComprehenSIVe InflU Redevelopment ProJect- Clty-af-Clearwater- K TRAFFIC IMPACT STUDY: (Section 4-202 A 13 and 4-801 C) o Include as requ!fed If proposed development will degrade the acceptable level of servIce for any roadway as adopled rn the Comprehensive Plan Tnp generation shall be based on the most recent edItion of the Institute of Transportation Engmeer's Tnp General Manual Refer to Section 4-801 C of the Communlty Development Code for excepltons to this reqUIrement L. SIGNATURE: I the undersigned, acknowledge that all representatlons made In thIs application are true and accurate to the best of my knowledge and authorize City representatIVes to ViSIt and photograph the property deSCribed In this application Sworn to and subscribed t'Y"\.(H I A D s;;'~d' _";;'..;- ,-~ -'J<< > pro U~t ':\ rI ,,~~ ld~'i{iificatl on r- ~ ,~ .sr~ ........~ '1. STATE OF FLORIDA, COUNTY OF PINELLAS ~ before me thIs Q)5 day of 20 a-t to me and/or by who IS p~rsona!'y knoym has ~ ~ as r representative l~ ELIZABETH HARTLEY Notary Publrc Stale of Flonda My comm expires Oct e, 2006 No DO 156325 ~ r rc n ,\\ /7:~ r-~' o ~~tSU ~il~,! I', llll JUL I 5 ~4 ill) r~ hI\, ~J1NG B, rr:VE,-0p/;lENl SC::R\':C'::S (:I ~,,' Or eLL.', lWtl,-j [q Page 6 of 7 - Flexible Development Application. ComprehenSive Inflll Redevelopment ProJect- CIty of Clearwater M.AFFIDAV1T TO AUTHORIZE AGENT Religious Community Services (RCS) (Names of all property owners) That (I amlwe are) the owner(s) and record title holder{s) of the following descnbed property (address or general location) " ~See,~ftached~{~e1Ja'I':De~trif?ti~~ " . , , "i 2 That thIS property constitutes the property for which a request for a (describe request) Review re a Flexible Development Application for the Comprehensive Inflll Redevelopment Project (Mixed-Use) called "Old Clearwater Ci Flats" and "Old Clearwater at Well Court" at 610 SQuth M rtle Avenue 3 That the underSigned (haslhave) appOlnted and (doesfdo) appoint Blake Longacre c/o Corbett Development (Applicant) Scott Lincoln. PE clo LA Civil (Applicant's Engineer) as (hlsfthelr) agent(s) to execute any petitions or other documents necessary to affect such petlllon, 3 That thiS affidaVit has been executed to Induce the City of Clearwater. Flonda to consider and act on the above descnbed property, 4 That the applicant acknowledges that all Impact fees (parks and recreatIon, traffic, etc) WIll be paid PRIOR to the Issuance of a bUilding pennlt, certificate of occupancy, or other mechanism, whIchever occurs first, S That Site VISits to the property are necessary by City representatives 10 order to process thiS application and the owner authonzes City representatives to VISit and photograph the property descnbed In thiS application, 6 ,- Bci' ~ n)ldn ~inl That (lfWe),..the~~lr ~al~~olr\~;re\~ ,rlttY't1 ,'hIe foregOing IS true and correct [) ~ '~fJ 1.'.::..J LI \.. .-' \ I -'<r------- I ,J P =er ~ ~\ JUt I 5 (,()4 ,':::J' Pro~~ O.~ Qu L ---~ PLANNING & i- vE~ 'J\'M,_3~1 STATE OF FLORIDA, SEfWlC~S CITY OF CLt:' r;wATEq Before me the undersigned an officer duly commIssioned by the laws of the State of Flonda, on thIS .;l s:fhday 0 yr1 fA Y J..otJ if personally appeared ITbJ1 f) ,'cf< m4 n ~UiIl:t~1i1orida . !MiCo.,.,lblb ,&piesMtrf2,2(Dl ~ ?Ll CommISSIOn tI 00291561 ...9f.'fXi..'I' Bonded By NoIklnal NokJryAlln. Deposes and says that hef&i'le fully understands the contents of the affidaVit that hel&tte Signed My CommiSSion Expires f)f~ .;2., ;)..P()~ S \Plannmg DeparfmentlAppllcatlon Forms1development rt;MeW 12002 Forms\comprehenslVe lllfill applicatloll 2002 doc Page 7 of 7 FleXible Development Application - ComprehenSive Infill Redevelopment ProJecl- City of Clearwater "Old Clearwater City Flats & Old Clearwater at Wells Court" PROJECT NARATIVE B. Description of Request: The ApplIcant (Corbett Development, Inc) proposes to develop the subject sIte (279 acres) as a ~ed-use proJte~t, 20~~UlPJ1& of'con4qmIWwns (2 ~~ acres),~d~SR%la~!y~sh~es p'l~s restauFant,(Oo 70 )' t.........-'"'< 4 _......t:t'<t,.lA....---.;:'!i'<:"d'}......"^.......' .,-~~""~ ...~...]-(..,. ~ - -I....- .,:'-.-""P.-z-)1q~, ";:"11f~ f,..-',; J tJ 6"")'" M~~p'{ R'{.tl"';1J:at1:.:t M t l '<..~1'- ~ ,r'" -.~':i,dP-.n,;p 1'1;:; )!. "";:"""'11'" rlJ:~~{,~\ "':\L acr.es), 'Bllle~,con ' omuuu.m.~RFoJ'ect'o"a,ll II e'- a1lletlt':01(M3Ieawv,ateF'1€i1it'Y'~latS~" ,an ~"W,il\ I ',IUC u.ue}~tJ8* --;- ....J) ,. -=- ~ )" - f ;; 1'i'~....",""-Y'\tF""" ~ <T -'-,; r--; I\-.:.~-....' \ ';:"};.....J.::,n ~-.ot'" :f..~'l~~ }'3 ~..., V'" t ';;';.><1Jr~ l' ;t",*l~..i'..JE~, .t~~Lib.,~{ ~>"~~~ 0$:"\ ~ )~l-..-;"i... l;; ~ ':l~ f.G0~-"J~ l.'rh0(i) SF ICG:lfldemUUllID 'llmts' and a ~, , > SF club> :hOlfse OWltfif'laJil(;lSc~pe(ll ~0mft10N' a]:e~ aFoooJl>"a, I ~, t< sWImmmg pool with (9) penmeter parkmg spaces The ret~lll portIon of the proJect will be called "Old Cleanvater at Wells Court" and w1l1 mclude (4) specialty retml shops (I. st floor at ~ SF each) fo'O and a specialty deh/restaurant (2nd floor at 1,000 SF) The City Flats WIll be constructed m (3) bmldmgs (Senes 200,300 & 400) varyIng In height from 4 to 5 stones (46 to 58 feet) surroundIng a centrally located club house. The club house WIll be a smgle story structure The Wells Court bUlldmg WIll be (2) stones (35 feet) The restaurant IS proposed above the City Flats entranceway WIth a 14-foot vertical clearance, and the shops WIll be located symmetnca11y straddling each SIde of the entranceway The entranceway Will be from Turner Street and Will serve the entlfe project The retaIl portIOn of the project WIll Include 31 parkmg spaces The commercial bUIldmgs WIll be posItlOned 25 feet from Turner Street wIth stonnwater ponds deSigned to accent the project along Turner Street Lush landscapmg IS planned to accent the project peruneter and mtenor The applIcant has met WIth staff on (2) occaSIOns, mcludmg a BPRC meetmg on May 12,2004, to reVIew the proposed project To accomplIsh the project, approval1s bemg requested Via a Flexible Development Level II Comprehensive InlilI Redevelopment Application due to the followmg "standard code deViatIons" requmng flexlbtlIty 1 The proJect IS a mixed-use development m a commercial zorung dlStnCt 2 The cOndOmInIUm bUIldmgs wIll vary In heIght from 46' to 58' whIch exceeds the 50' code maXImum However, a weighted average of the (8) major bmIdmgs equates to an average heIght of 49' 3 The condoffiImum buIldIng along Myrtle Avenue WIll be setback 21 33' from the property Ime which IS less than the code reqUIrement of 25' and the outSIde walkwaylbalcony IS setback 15' from the property hne which IS less than the code reqUIrement of 25' 4 The southern buffer Will vary m WIdth from 5' to 1674' wlnch deVIates form the code standard of 10' r~!)~rc~ri~F~ r,~ < I!;",,~ L>~ - --II Ii lflj ~L I 5 2004 i}jJ L ---.-l PU,NNING & r ~VEL0PMENT SEnV"fS Cln 0 Cl L,"I,Ni\TEq "Old CJealWater Clty Flats & Wells Court" Page 1 of3 D Written Submittal ReQuirement: 1 The surroundmg properties mclude neighborhood scale retaIl (new PublIx and shops), small professlOual offices, the RCS Food Pantry (to remam), St Cecelta's Church and smgle fdlTIlly residential homes The proJect wIll be In harmony WIth the surroundmg properties by VIrtue of the elImmatIon f the bl1ghted commercial property to be replaced With luxunous cOndOmInIUmS and speCIalty shops catermg to local neighborhood needs. The proJect wIll be an extenSion of the downtown WIth a MedIterranean flavor and arclutectmal flate ReSIdents of Old Clearwater CIty Hats wl'firieft] 0Y.' th'e"pFli\"acy',o1f: al/gatea' 'commlfillt~ 'w;rn.lle'leRrd~HrgrtIte";;vfew; '<if#16:hNteh~J:; ;ItOO/~l' J~~ r.... \.= ...... ,,< ~.-.[ "'--1 (....j''r.,~;: '$'''=- ..,~~I....-::;.- -'",.... ~....,.""_~,,~l""" \ i 1>4 i'".>/. t ,..,....If..-rJ;~ ,....... <= ~"?- {.~ 4area 'aN&O:F ,the neaF@y histo,Rcal {{el'gh'borlleoas. ~We'lls':Gourt WI111 "e'ffer'a;lre~taurant;and'sh6p'~t0 cater to reSidents' needs that win compliment the goods and servIces offered by the nearby Pubhx Shoppmg Center at Turner and Fort Hamson QUick access to the PmelIas Tratl WIll also be a benefit to reSIdents 2 The proposed development IS expected to be the hIghest and best use for the property, WhICh should mcrease nClghbonng property values It should be noted that the eXIstmg Scotty's faCIlIty has been systematically abandoned for over 10 years and IS lIkely degradmg local property values The present SIte owner IS ReS, Inc , which IS a not-for-profit orgamzatIOn Development ofthe property as proposed IS likely to advance the CIty tax base 3 The proposed development WIll III no way degrade the health and safety of reSIdents hvmg or workmg m the neIghborhood Conversely, the proJect IS expected to Improve the secunty of the neIghborhood by ehmmatmg abandoned, unsafe warehouse bmldmgs, removmg a raIlroad spur and Improvmg localized floodmg problems In addItIon, the project WIll create vanous new Jobs 4 The project Will be far less mtense than a 3-acre commercial development and win mImmIze traffic Impacts by elmllnatmg vehIcular access directly to Myrtle Avenue 5 The project WIll propagate the "hve-work" relatIOnshIp already explodIng m downtown Clearwater The project IS expected to create a nostalgIa of "Old Clearwater" WIth everythmg reSidents need wlthm walkIng dIstance 6. The benefits of the proJect WIll mclude lush landscaplOg, MedIterranean archltectme, pedestnan SIdewalks, reSidentIal scale lIghtIng, and hmIted shop operatmg hours o ~(C;~~~~Jr r~ /sam j,~) PU\N~:lr JG & r"=Vf LOrM ENT St:RVI\r=~ e'T""' (\~ ell =i\^/ATU~ "Old CleaIWater City Flats & Wells Court" Page20f3 Comprehensive In fill Redevelopment Project Criteria: 1 Redevelopment 0 f the subJ ect property as a commerclaVretal1 operatIOn IS sImply not feasIble III the subject neIghborhood Hence, the Scotty's has remamed closed and has been systematIcally abandoned over the past 10+ years The proposed nuxed-use project IS more practIcal and IS more In harmony WIth the surroundmg neIghborhood In addItIon, SInce the present owner of the property IS a not-far-profit orgamzatIOn, the ApplIcant expects the CIty tax base to be benefited as well 2. Re-develo,pment of the property IS lexpected' to Increase the property, :value-from $1 5-m.IHI'on to $13-mtlhon follOWIng Improvement based on condomInium urnt market values of $250,000 for 48-umts and retatl parcel value estimated at $l-mllhon 3 The proposed condomllllUID and speCIalty retaIl shop uses are permItted uses elsewhere m the CIty 4 The proposed uses are III common WIth, compatIble and complImentary to adjacent land uses and the surroundmg neIghborhood 5 The applIcant has not-located any SItes WithIn the CIty that offer more SUItable and feasIble proxImIty to downtown, adjacent retaIl (pubhx, shops, etc), medical facIlItIes, government, the raIlroad and/or the Pmellas Tratl 6 The project IS proposed to remove and replace a bbghted commercial development (old Scotty's) wIth luxunous condom 1m urns and speCIalty shops Hence, the prOJect IS expected to upgrade the nnmedlate VICInIty 7 The project IS expected to enhance the commumty character by encouragmg, to the greatest extent pOSSIble, a "hve-work-service" relatIOnshIp wIthm a downtown core area 8 The proposed project reqUIres mmor fleXIbIlIty of reqUired setbacks bUIldmg heIghts and landscape buffers to be reasonably and feaSibly developed The applIcant belIeves satd fleXIbIlIty can assIst m mcreasmg property values, character of the neIghborhood, the City tax base, and In creatIon of Jobs 9 The parkmg facIhtles for the proJect are expected to fully sustam the reSIdentIal and commercIal uses proposed for the proJect 10 The appltcant mtends to utilIze specIfic archItectural deSigns and themes whIch have been hlstoncaIly eVIdent 10 the netghborhood, even though the project IS not wlthm the tounst or downtown dlstncts "Old Clearwater CIty Flats & Wells Court" I o ~t~uw~ l~[---'~\'I ,------1, ! 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'" "" % 'i ::l f ~ ~~ ~rt ~~ iila 5 ~~~r0i r=.; L=:::J 1....--' I 1'1 ! ,- -It I 5:r04 \'.J) \ - , I '- -=~../ \ .- IJLI,NI liNG & DEVELOPMENT SERVICES ell Y OF ClE"RW^TEq -0 ::IJ rrl r ~ Z > ::IJ -< o Z r -< ~ I ~)> ~ ~I I ~ I~ ~! 1;1 B I tN q iil r o PROJEC T fOR FBL DEVELOPMENT, INC WElLS COURT - OLD CLEARWATER CITY FLATS TYPICAL CONDOMINIUM BUILDING 100 \'jELLS COURT (610 MYTRLE AV ) CLEARWATER, PINELLAS COUNTY FLORIDA , I ) ~ ART DESIGNS UNLIMITED JOHN HAUSE - ARCH I TECT ANTHONY R TATE - DESIGNER 316 SALEM SlREET SAFETY HARBOR, fLORID A TEL '" fAX (727) 799- 9 752 r , l :.:~...1 \ J II I23l Ial I23l ~ ~ a II ) \ ~~~~~_+_r_._" I I I "co :>;Ie: __&_&_~_a___._. 0- e:5 o:r z- ...,s oZ (;) ::C5 r23l ~ Ia ~I,/l o- S zz 0'" -;(;) 00 mUl Eal ~ E3J E3J ;:00 ,..-", -oR- iTlo ,..-.. );:0 ~o gR- a I I I Z-I>o 0 a ._~~~~-~-~~----... -0 ::c r"1 C !!l: Z )0- ;:0 -( o Z ,..- -( ~ f ..p.)> S tl I ~ I ~ , ! 1;1 s- ! ~ I ~ ~ '\ PROJECT FOR FBL DEVELOPMENT, INC - WELLS COURT - OLD CLEARWATER CIT'r' FLATS TYPICAL CONDOMINIUM BUILDING 1 00 WELLS COURT, (61 0 ~ 'r'lRLE A V) CLEARWA lER, PINElLAS COUN'N, Fl.ORIOA II ) I I E3 ~ ~ I53l 8] E3l II ~: :'~~-I o rngJ ART DESIGNS UNLIMITED JOI-i~ HAUSE - ARCHITECT ANTHONY R TAlE - DESIG~ER 316 SALEM STREET SAFETY HARBOR FLORIDA TEL '" FAX (727) 799-9752 ij _ ~ ~. i I ~, ',! Comprehensive Infill Redevelopment APPliA.; ~OJ)I r~ ---- _: ~ -! \ 1\ Wells Court and Old Clearwater City FI~trl 1 5 2004 ; U J I Typical Building Color and Finish ExamP.Ij L I JUL I I L_-:J 610 Myrtle Street 1 . L- ___ ___ __------1 Clearwater, Florida I flu,' . ,LM "'kd I'H All buildings witbin the project will be of similar color anA fimsli. c;~~~~' ,dA 1 EO will be a custom mixture of August Grass and Northern Breeze with a smooth sand finish stucco accented with white trim and terracotta roof. Fencing will have similarly colored monuments spanned by black wrought tron. The picture below is a close approximation of the final color and trim treatment. ~ ~~ _I... lL --. ~ "Old Clearwater City Flats & Old Clearwater at Wells Court" PROJECT DRAINAGE SYSTEM NARRATIVE The Applicant (Corbett Development, Inc) proposes to develop the subject Site (2 79 acres of the 3 85 acre parent tract) as a mIxed-use proJect conslstmg of condommlUms (ReSIdentIal Parcel 2 09 acres) and specialty shops plus restaurant (CommercIal Basm 070 acres) The condommIUm Project will ,~~_ c,a!I:4 :',qld, C!ear,w~t~! Qit;y ij~ilts:' ap.~1 w:ill !nql!l,~~_,~4:~)-1,700 SF cqfldo~IRn'tm 'ff__ ~ ;I 2 17lfi'i0 Sf '1'"C: 'he' '" t~.", "r~i!' I" C..1~~ ~ <,,~, ~~,J t'- - " \ '-'~'- ',"<llr' ~ ~~\ "L" ,~"']" ".'0 '\~'i, ~l '" [Yi"ltr,nz.. U!l].lts anu ar 1\)1~ " .:c c UUI. ;t' 9l}.S}:;"'X11I!l'I\: c~~sc~p",,9..U Ico.1!J~OJl'fa'f~e<!~flT!i'~Ngy. L~:r~S~!"y}!;~1lI}g;~R0q , WJ! ~'v\'?J 'p'enmetef'<pauKfrig spaces ::r::tie,.j;ehiiJ :puftI'6ri ofiEh~- p'roJect wI11 J};)e:'cdu'e'd 1)'~I(;lo:eIeattvater at(WeffIs Court" and will mcliIde (4) specIalty retaIl shops (1 st floor at 600 SF each) and a specIalty dehlrestaurant (2nd floor at 1,000 SF) The stormwater draInage deSign will mclude four (4) dry retention ponds Ponds 1 & 2 will seIVe the Commercial Basm and Ponds 3 & 4 will seIVe the ReSidential BasIn Each pond system has been deSigned to proVide water qualIty treatment for the first lt2-mch of runoff usmg engmeered underdram systems In additIon. each pond system proVIdes storage based on attached calculatIOns usmg the RatIOnal Method (delta C * I * A) for the 25-year storm and a I-hour (3600 sec) time of concentratIOn, where delta C IS the dIfference between the weighted post-development and pre- development runoff coeffiCients In additIOn, based on the CIty Stonnwatcr Manual, the pre- development runoff coefficIent utilIzed IS 0 20 smce the CIty Staff contends that the site "contnbutes to localIzed floodIng" Hence, no credIt IS bemg taken by the Applicant for the present IOO% nnpeIVlOus condItion of the sIte The ApplIcant requests that the City Staff give due consIderatIon to this extreme hardshIp dunng the reV1ew ofthe proJect and the dramage system parameters (I e use of vertIcal wall m 50% of the ponds, proXllTIlty to buffers, etc) The Pond bottom and top elevatIOns are generally between elevatIOn 20 5 and 26 0 The SHWT elevation has been approxnnate to be at elevation 190 based on annual water level data collected from onSIte wells by an envIronmental consultant dunng envlfonmental studies on the property In 1991 & 1992 Hence, the ponds will be Dry Retention Ponds Ponds 2 and 3 Will contam outfall control structures With rectangular welTS elevated and Sized to control the post-development runoff not to exceed the pre-development runoff The Pond 3 outfall structure Will actually discharge through the Pond 2 outfall structure, wluch WIll prOVIde ultimate posItIve outfall the a 72-mch RCP 10 the center ofTumer Street Each Pond System IS deSigned to have 0 5 feet of Freeboard It should be noted that although the City of Clearwater IS requmng water qualIty treatment and attenuatIOn, the SWFWMD wiII only reqUIre water qualIty treatment SInce the proJect IS less than 10- acres of project are and less than 2-acres ImpervIOUS In the past, the SWFWMD has also granted exemptIons for SImIlar projects based on reductIOn of POllutant r loadmg.j) e, reductIOn !l1..-USl mtensIty, dnmmmus nnpact) r r ) ,~ (C ~ ~ Vi ~ r J U,' Jll 5 aJ04 ! 0 "Old C1emwater City Flats & Wells Court" I Page I ofI I PLANNING & r=VELOPMENl SERVICES CITY OF ClUqWATER iJ III Z o i= <{ ..J =:I (J ..J <{ (J It: w ~ ::i: II:: o l- (Jj ( "0 <0'<1"'<1"' 2J",00010 -5~0000~ ~u :e ~gggj g:;~ao,....;':1 :> 0 a:::u 'lii o I 10 IUl! 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II E :;l '0 > e- n> E t;j n> ~ 'tl n> "'0 :; o .... a. o ~(C[Eu~~ r(\ r-- ,1 I r\ I " J 11 U' JUL /52004; -' L ~= PLAN.\'Ir--'G & r::VEI nPA/rNT SERVlr ~ ~ elT" 0- CLt-~ 'j STORMWATER WORK SHEET 5/24/2004 PAGE 5 PROJECT NAM!': OLD CLEARWATER CITY FLATS AND WELLS COURT PROJECT NUMBER 091-001 FILENAME UNDERDRN XLS 5/24/04 04 07 PM l!JNBERmRAIN S:rAGE-DISCI4ARGE & TIME (PONDS 3 & 4) UNDERDRAIN TOTAL LENGTH = 55 It NO OF RUNS " DIAMETER = 6 In SLOPE = 020 % LOWEST INVERt = 1964 AVERAGE INVERT = 1970 HIGHEST INVERT = 1975 CAPACITY = 783 ft^ 3/hr MANNING'S 'n' = 0015 PERMIABILlTY (K) = 540 ftlhr DRAINAGE AREA 2 083 acres 90,754 ft"2 17.25 RETENTION = 3,781 ft"3 DEFAULT V ALU ES 2050 659 Lmax Lmln WIDTH 2310 026 4345 410 200 100 Lmax L mln L avg 'A' 'c!' 'E' H' '11' WATER 'V' MAX MIN AVG 'f FILTER INCR Q '1' LAKE TOTAL INCR SURl"ACE INCR FLOW FLOW FLOW HYD AREA FLOW AVG IHCR ELEV HEAD HEAD AREA VOLUME LENGTH LENGTH LENGTl-t GRAD A"'LxW a=KIA FLOW TIME (NGVD) It fI f1^2 1t^3 It fI fI I=Hllavg ft"2 f1^3Ihr f1^3Jhr hours 2310 316 4,345 410 200 305 103 55 307 026 1,082 295 367 2284 290 3,976 410 200 305 095 55 282 026 986 269 366 2258 264 3,608 410 200 305 086 65 257 025 890 244 355 2232 238 3,239 410 200 305 078 55 231 026 794 219 363 2206 211 2871 410 200 305 069 55 201l 026 698 193 361 2180 185 2,502 410 200 305 061 55 181 026 603 168 359 2154 159 2,133 410 200 305 052 55 155 026 507 143 355 2128 133 1,765 410 200 305 044 55 130 026 411 117 350 2102 107 1,396 410 200 305 035 55 105 026 315 92 342 2076 081 1,028 410 200 305 027 55 79 026 219 67 329 2050 055 659 410 200 305 018 55 54 --- c , r -~ - \. ~ rc I \ \ I I"::J ' -" REQUIRED 112' TREAl'MENT VOLUME (f1^3) = 3,761 ~ IS J ~~; L ~AL TIME ...., . 2625 PROVIDED TREATMENT VOLUME; (ft"3) " 6 505 II TOTAL TIME (hrn) " 3556 I ' JUL I 5 2004 l!:::I PLANNING & DEVELOPMENT UNOE RDRN-PON os 3 & 4 xis SERVICES - r;L E' ,),RWA TEq STORMWATER WORK SHEET 5/2412004 PAGE 5 PROJECT NAME OLD CLEARWATER CITY FLAlS AND WELLS COURT PROJECT NUMBER 091.001 FILENAME UNDERDRN XLS 5124/04 04 07 PM ttJNIDERDRA;IN^Sf[;AGE.IDISCH~RGE"~ iJllME (perl4as 1 & 2) UNDERDRAIN TOTAl LENGTH '" 25 fI NO OF RUNS '" DIAMETER '" 6 m SLOPE " 020 0/0 LOWEST INVERT " 2020 AVERAGE INVERT '" 2023 HIGHEST INVERT '" 2025 CAPACITY " 783 f1^3/hr MANNING'S 'n' " 0015 PERMIABILITY (K) '" 540 flIhr DRAINAGE AREA 0704 acres 30,673 f1^2 17-25 RETENTION '" 1,278 f1^3 DEFAULT VALUES 2100 143 lmax Lmm WIDlli 2420 032 1,704 410 200 100 Lmax Lmln Lavg 'A' 'q' E H' 'h' WATER 'V MAX MIN AVG '~ FILTER INCR Q' T LAKE TOTAL INCR SURFACE INCR FLOW FLOW FLOW HYD AREA FLOW AVG /NCR ELEV HEAD HEAD AREA VOLUME LENGTH LENGTH LENGTH GRAD A=1.xW Q"'KIA FLOW TIME (NGVD) fI ft ft^2 ft^3 ft ft fI I==H/lavg ft^2 ft^31hr ft^3/hr hours 2420 373 1,704 410 200 305 122 25 165 032 520 158 330 2388 341 1548 410 200 305 112 25 151 032 470 144 327 2356 309 1392 410 200 305 101 25 137 032 420 129 325 2324 277 1236 410 200 305 091 25 122 032 370 115 321 2292 245 1,079 410 200 305 080 25 108 032 320 101 317 2260 213 923 410 200 305 070 25 94 032 270 87 311 2228 181 767 410 200 305 059 25 80 032 220 73 303 2196 149 611 410 200 305 049 25 66 032 171 59 291 2164 117 455 410 200 305 038 25 52 032 121 44 271 2132 084 299 410 200 305 028 25 37 032 71 30 233 2100 052 142 410 200 305 017 25 23 ~ /:::\ ~ n r"I r; I ---' r~ PROVIDED TREATMENT VOLUME (1t"3) '" 2,954 o b ~ I L ~ \\V b ; f~~{ TIME (hIS) " I ~, 111 JUL ) 5 2004 I; I~JI TIME (hIS) = I ~l==~ PLANNING & CEVELOPlvH::NT S~8VICES '-:l' '''lVIATEQ 2371 REQUIRED 1/2" TREATMENT VOLUME (1t^3} '" 1,278 302B UNDERDRN-PONDS 1 & 2 xis _~J . ..J ~ U :3 o <J w 0;- le (5 ro~ OJ::I' 'I: 0 :;;j:a: ...t':! ....It) 80 (J) ... 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'- ...... lV222 ..Jlllllllll "'O~i!i! ell ro <II III 1Il III <l.l III 0--- UOO 0"'0"'0"'0 ... --- 0..000 c ~ <II :J 0.19 o '" ..elll UJC:: J: Q. >0 00 ~O v CI "tI "tI lI>lIl's<O'lttn"'" ';' c. ~ N (f) ill It) E;:IlI.........mN 'til-liig,Jco<o::1 W ,Cl, :: . ';1' ,- ~roN'\r"" Ill",," :::I ~u..u.. CII <,/)1 01 UJ UJ W_"!::l:OO !::2'l:=aa ....:J<iiaa ~........ 'l;I Gl>'1 ClIlI'lij .....tn We~II:~<Dm !::WGl tl)am >~';: 'ltlO <( ;:.d- '" <,/) ::l o ..e <:: ?; 1- ~ - :::I '- W C (I) 1-L:-1:: - u E (1)- :g.gOffi Ol:='- o III :J U"Q)21 roa::~ 'E ~ a:: (1}lllC "'0 <3 - iil(l)ro <\I Q.:::I lX(f.IO III '" w:la'lt..- ...."tIM..-M l...l:NCOCO III -I C f!! <,/) ::l n19 o <,/) ..em UJa:: 1::1:: :::I :> o 0 <J)OO -<,/)<J) lll__ 1lIU::Q5<ii IIlc3::3:: :1___ '!;10m", C ..... '- ..... <lI2.J!!.J!! ..JlOllllll "tI~;!i! Gl <II III III III III Q> (l) 0--- 000 OUU"'O ~556 o a.. > go 00 "':0 v CI i' f :::I o ..c: >. ::!;; III o..~ .... lI> o lI> :53: <( III ~ l: 1lI 0 lI>(f.I 0..Q. CII- ..cD:: -l- E> VJ::! D..<{ ii:0 1-0 00 oq .... .... ClI ClI - _ _ U III l'Il Q;> 1-.....0 ell ClI .... 5i~Q. ClCIlI> __..c: 00- l: l: 0 - -- =="tI :t :t ell - - .... U 0- ell III ::J .......1:7' 0011I ... .... .... C, Q. III elIGl.c II> lIl_ ::J :::I 0 '!;I"tIl: 1II111"t1 )()(- - - ::J E E 0 'l;I'!;I,c III III III 11I11I- o 0 l: c,c,1II o 0 E ... ... III C,C,1ll III III Gl ..c:..elll __lIl __ct III 10 _ ..c:..c: u --<lI --c, :l = E ClCl- CICIO ::J :J t III III III III '" .... l: l: I- 00"'0 ';::;:;QJ <lI <lI -= --Ill :::I::J _ U U <II --"tI B B III III III - > > f 000 .c.c_ <lI III E Gl Gl <11 ..c:..e~ 1-1-1- Cf:--) : OJU1: ~I c:::.::-J I =-- 1 I l.(") OJl-D l r( Sj =:1 ~ -, Qd10 ~ >- 2 ~ ~ ::L f- a <: dlJJ3: >LUo; l ~w L>-1 <.offiU (5(/)l.l.. 2" a Z i: z - :5 u Q """'" 8 ("'.J , ' Land Use: 230 Residential Condominium/Townhouse Description Residential condominiums/townhouses are defined as single-family ownership Units that have at least o(W other slngl~-famlly pwne,d _l!I]JI wltqm the s.aJ;ne bUIlding structur~? Both cOcnc:!9mlOi!Jms am'd7toy/nhouseSra1ihnciu'BeCtI'liil:ftfi'isilan&'tlse: IStliiGfles fMatd~B';nd[ilcferlflfi:&~ihti;E 1"I\1e;' '^- ""~l- I-r...~ \ ~ I, ]: i9' rJ-y''' "">F..&...... .....".....~ r~ ~ -.Jy..,...... ~ ~-. ...~ "''>......~ ..... ~1:"~J ...~{-... ~ condbm;lI'nil'lm/towrth-ouse'was a-Iow-tlse ore 'a hllgh.;nse werellncld'dea In ;tf,jlsTcat'~~9ry' Additional Data The peak hour of the generator typically cOincides with the peak hour of the adjacent street traffic The sites were su rveyed from the mld-1970s to the mld-1990s throug haul the United States and Canada The number of vehicles and the number of residents have a high correlation With average weekday vehicle trip ends The use of these variables IS limited, however, because the number of vehicles and residents IS often difficult to obtain or predict The number of dwelling units IS generally used as the Independent variable of choice because It IS usually readily available, easy to proJect, and has a high correlation With average weekday vehicle tnp ends Source Numbers 4,92,94,95,97,100,105,106,114,168, 186,204,237,253.293.319,320,321,390,412,418 I(r~ ~ -___ If .-. 2: --l LU rr ~ w "" i) l- ; I 0 ~ c"... CL(I)> :> IU (( [I ~w L>---1 .,,((() l'JiJiLL Z 0 Z r:: z - :S u a... I - J - -~! U) ~J:_c:ll ~!;I ~ l1!1lJ L___ fOr=: Tnp Generatron, 6th Edition 360 InstItute of Transportation Engineers J I "I j , 1\ ! ~ ,J I J I> " . . 1 I: '~ ., I, : ! I. i ; I I' ! t' ! I, j :1 \ 1 1 ~ ~ I i ! l 1 , 'j 4 Ii ) I \ j , , j , ' 1 'I , J ! j f , . Residential CondominiumlTownh (230) Average Vehicle Trip Ends vs: On a: Number of Stuples Ave rag'e, N eiifriBe r',o(\;l:e tWelss I ' lDrrectlona:l Olstrlb8tlon' Trip Generation per Vehicle Average Rate 025 use-'~~ ((--~; '-______ _-.>ll Vehicles 0- nJl VVeekday, (~ A.M. Peak Hour of Genen1a't6r= [i n n 20 ~4'3' .... ~ ... ~ -~ '- l 17% enteruTlg, 83% eXIting 012 Range of Rates 049 Data Plot and Equation 400 U) "0 <:: W a. ~ 300 Q) 1i ..<:: w > W ell ~ Q) 2.00 ::> <( II f-- 500 " " -- " 100 o -.::::t = = C'-l l..C") =! 1(' c"J) \---: ... ... li) L 'J f I .. l.: _~ lL:=J Standard Deviation 050 ,/ .... W c:, ::2 W Q. l- o <::: -1U)5' wwC: > 0 -r W_w C>-1 ~ ffi 0;, ~? (I) 0\ J ~ ;>- 2: G) " ;\ ::5 ,r. .-JJ Q. '\ , ' .. " " o 100 200 300 400 500 600 700 800 900 1000 1100 1200 1300 1400 1500 1500 1700 1800 X Actual Oat.. POints X", Number 01 Vehicles Filled Curve Fitted Curve Equation Ln(T) '" 0.774 Ln(X) - 0 028 Trip Generation, 6th Edition 382 - - - - - - Average Rale R2 '" 0 87 Institute of Transportation Engineers Vehicles Weekday, P.M. Peak Hour of Generator ra~ UJJdJ r--_:'~ ~ FE t'-- "'<:l'" Q f- >~ 8 0 <( L..-- N ...J S: !::::::::::::J W (f) nnn Ln Git552 !~.:-:!..J C'slj rf~ \'1! 0 II u ~-.dJ L :5 (;J i55 IL - 2 0 Ud1!J - ~ i: z. _ (en -~-~;E U I - -----=:J/ Residential CondominiumlTownhouse (230) Average Vehicle Trip Ends vs: Ona: NI.,J~beli ~! SNd!€t~. Ave{liag? Ndt,pber of ~ehlcles b I rectlon a I Dlstrl b titlon Trip Generation per Vehicle Average Rate 031 1,6 399 s. ' 66% entenng, 34% eXiting 017 Range of Rates 056 Standard Deviation 066 [lata Plot and Equation 600 500 <Il 1:1 c: W l:l. ~ w -0 E w > w en ro Qi > <( II I- 400 300 200 x x 100 x .- <: o ~ ~ ~ .. ~ )~ >~ /"".< " " x . , o 100 200 300 400 500 600 700 800 SOO 1000 1100 1200 1300 1400 1500 1600 1700 1800 X Actual Data Po in'S x '=' Number of Vehicles - - - - - - Average Rate FItted Curve EquatIon T = 0 212(X) + 36 965 Tnp Generation, 6th EdItion Fllted Curve R2 = 0 91 383 Institute 01 TransportatIon EngIneers ~ ~~ I ~ j ... ~;8'5 \ '-- Avg Numiber of [)wellll;l@~Unlts' , \1lkU -- - ~ '01 r~ctlonai 'DI~trI6utlcin 50% entelllng, 50% e>:ltll19 /-.v~ I U Trip Generation per Dwelling Unit , ------- Average Rate Range of Rates Standard Deviation 586 1 83 - 11 79 309 - Residential CondominiumlTownhouse (230) \ ;' ; - """~ \~gJ , \ 0 \,~ N _, \..C) \' --~1 \ ~ \" )J l ~ j\ ~ Average Vehicle Trip Ends vs: Dwelling Units On a: Weekday Number of Studies 53 Data Plot and Equation 8000 7,000 6000 , , ".;v,l..... <fJ '0 c: W rr ~ l\l U ..c l\l > W 01 ~ W > <( II I- x 5000 , , , ~ , x " 4000 , , , x , , 3000 x 2000 x 1000 o o 100 200 300 400 500 600 700 800 900 1000 1100 1200 1300 x == Number of Dwelling Unlls X Actual Oala pomts Fined Curve - - - ~ - - Average Rale Fitted Curve Equation Ln(T) = 0850 In(X) + 2564 R2 = 0.83 Tnp GeneratIOn, 6th Edlllon 361 InstItute of TransportatIon Engmeers -------- r- Z UJ a: Z UJ 0... ~ o -,. -1(j)5> uJuJcr ~9~ L>O-1 000:: uJ \L (')U"JO Z , Z ~ z - S U 0.. - - ~-~._~ ! C -~ i land Use: 814 1--- - - [1JLO r -~ Specialty Retail Center ~ \ Ea Description ~-Jl_O 1O ---1 (( ',") I =:;l ~peclalty r,etq.l1 centers ar~\g~ner~ll~ small s1rrp spopplng center!i' tQat co~t~H) a yanety-of'retall ; S~0pS amq~sp<eGlljliZe 'Ill qU?flfY;~ripatel ,~t;,ar(jr;go91jtSt a~dl sEfrVlc~i>v"st!Jilil;a_~!lfe~l\e$1a'tte\@fficJs! I ... 1:. "",J '" "" ~,(1.:t<:':~~ ""-~l,..~,(, I ~~~~ ,....... ~~ '1"-'." ~;.....:J- :...-,..,....--..._-.. dance StCialOS, fldr-Ist's, a:r11MmaH1r(es!~urallts,. - , / fr,' C)V~ Additional Data t l__ ~ The sites were su rveyed from the late 1970s to the mld-1990s In Californ la, Georgia, and New York Source Numbers 100,304,305,367,423 Tnp GeneratIOn, 6th Edition 1223 Institute of Transportation Engineers I- Z UJ a ::;:;: UJ LL i;;; o --. ...J(J)s ~UJO:: u.S2~ U>...J ~5() (5(J)LL z 0 z ~ :z - :5 () (l.. Number of StudIes ~'>:9:"'~\>}: ....~~....-'t Average' ~'~ID{J, 'Sq~ Fe"et,6'[A Directional IDlstnbu'tlon' 2 1'04 48% entering, 5'2% eXiting r - ~--- ((~ . --~ r I J.- 1 1-..-, -~ -. z 0J1lJ [ --~~ ~ B j '-S:::J i ~ a- v) S 1000 Sq. Feet Gross LeaSa'f,J~rr[a UJ :? t; a; 1 ~w Weekday, rlJ1Jj - ~ 5: d A.M. Peak Hour of Gener \~\ :5 ~ i7i () ~ ) - r: 11!1[] ~ - -- :S 0 ~~ Specialty Retail Center (814 ) Average Vehicle Trip Ends vs: On a: Trip Generation per 1000 Sq. Feet Gross leasable Area Average Rate Range of Rates Standard DeviatIOn 641 540 865 " Data Plot and EquatIon CautIon - Use Carefully - Small Sample S,ze 1000 900 ,< 800 x <I) "0 C W CL. ~ <II U E <II > <II 0> <ll Q; > <( II f- ~"...", " 700 ,,(' , ~ 600 , , x 500 ~~ 400 ..."' 300 60 I 70 i 60 I 90 , 100 I . , 110 120 I 130 140 150 x = 1000 Sq Feel Gross Leasable Area X Actual Dala Polnls - - - - -- Averege Rale Fitted Curve Equation Not given R2 = .... Tnp GeneratIon, 6th Edition 1226 Institute 01 TransportatIOn Engineers -- Specialty Retail Center (814) Average Vehicle Trip Ends vs: Ona: 1000 Sq. Feet Gross Leasable Weekday, P.M. Peak Hour of Generator Number of Stl!.ldles ~ _,.....'" <....,.. ........:'-lj'-"- ".J...: ;!}~~....~;J,.""l i Ave na1J€ 1(000" Sq.t EE;tet:G'tA .... -......:1..,,~ 01 rectlonarnlslntJutlon 2 .,,' 1\04 57% enterujg, 43~% eXiting Trip Generation per 1000 Sq. Feet Gross Leasable Area Average Rate Range of Rates rcr~--j)-~ -- f1 n Jl r- - ~ ffi ~ I d ~ ~ ev ~ uj U"J 6 r~" >UJ_ I..() i' 9 UJ C>---J ~a:u G~u.. z 0 z i:: z ~ :5 u 0.. lUUI g [ULn (B~ =1 -, 493 575 Standard Deviation " 459 Data Plot and Equation Caution. Use Carefully - Small Sample Size 600 700 '" u c W a. ~ Ql o E Ql > Ql rn III :s ~ II I- , , " 600 " 500 , , , 400 , " , , ,~ x / 300 60 I 70 I 100 I 110 120 I 130 I 60 , 90 X"" 1000 Sq Feel Gross Leasable Area X Actual Data polnls x I 140 150 Fitted Curve Equation Not given R2""u"" ------ Average Rale Trip GeneratIon, 6th EdltJon 1227 Institute of Transportation Engineers Specialty Retail Center I((~~~ a: (814) \ [UL!li:-llj \ c:::::-~ \ 8 ::; (f) ?; Average Vehicle Trip Ends vs: 1000 Sq. Feet Gross lea~a61~ Are~ ~I t:5 ~ . On a: Weekday OJU] \ - ~ ffi ~ CQ)l ~ ~U)~ (illJl 5 D ~8 '. rpr~~ 50% eRtenng, 50% eXitIng L Number of StudIes ... :-o,1.>-':!."V~ \., /~-"v f;:. ~"- Avera@e toqo S~ ;iFeet"f9~A '0 I're ctlb n'a I "0 Is(n buban Trip Generation per 1000 Sq. Feet Gross Leasable Area Average Rate 4067 Range of Rates 21 30 . 50 94 Standard DevIatIon 1370 Data Plot and Equation 2100 2000 1,900 1,600 1700 U) 1600 U c W 1500 e. r'= 1,400 <Il U 1,300 E III > 1200 <Il en '" 1 100 Qi > '~ <.( 1,000 II I- 900 BOO 700 600 500 400 10 CautIon - Use Carefully. Small Sample Size x ,/ ~ , , , , //,/)J ,~",< ...////' x x t 20 30 I 40 50 x = lOOO Sq Feet Gross Leasable Area X Ac:tuaf Data polnls - - -- - - Average Rate Fitted Curve Equation Not given R2 = ...11III. Top Generation, 6th Edition 1224 Institute of Transportallon Engineers Land Use: 831 Quality Restaurant Description This land use consists of eatmg establishments of high quality and with turnover rates usually of at le~st ?n,~ hOl!Jr or'L~nger ,.~f!1:~~ll~!aS~~ll!YTest~~J~~~~~q]g!i-~~;~~e,~~~h.:j?n~~P~~~t;s1r:'e" luncl;J" 'a'J kselVe dlri11i1 ef, 'Otten, tf\e',restau rta nlS~IR tm IS jlandjuse1are~1\I0t{a'fct;\aJr.1,ran€l~reserfatlons ' a re (,e~UJ I red 'H Ig h~tdfhove;';( sIJ;d9;"h~'+estl3u rani7~I~ai1~,iU~1i;832V,'ft1:st~WW~1Jtl!ci'raif6J.;ltli'tf1ift ^ ^ ~ .., ... l< l ..... _~ i ).,..... 'l:~! r': ~r; ~.... -" 1.....1:' ~ ~". ;oJ. dnve-through window (land use 833), fast.food restaurant with dnve-ttirough window (land use 834), fast-food restaurant with dnve-through window and no mdoor seating (land use 835), and dnnkmg place (land use 836) are related uses ;.. Additional Data Truck tnps accounted for approximately 1 to 4 percent of the weekday traffiC The average for the sites that were sUlVeyed was approximately 1 6 percent Vehicle occupancy ranged from 1 59 to 1 98 persons per automobile on an average weekday The average for the sites that were surveyed was approximately 1 78 A significant number of the studies In thiS land use were conducted pnor to 1980 A study was conducted to test the sensitivity of the older versus newer data It was determmed that there IS no statistically slgmflcant difference between the pre- and post-1980 dara, therefore, all of the data pomts were retamed to maXimize the size of the data base The sites were sUlVeyed from the 1970s to the 1990s throughout the United Stales Source Numbers 13,73,88,90,98,100, 126,172,260,291,301,338,339,368,437,440 \ _ \r \5~ \:})\ j \\ \ \ \ jD\- ~ \ --- u____ ~I- ~_c~~~;~~(ort,'st!\- -- -- ~\ -- pu.J-l.N1N ~E.r.'J~Cl.s\NJ\itP. .J ell- Jl.: 01'1 at=' t? C-- ~~\\~~\? ,-c, r ,'"=- Top GeneratIOn, 6th Edition 1356 Institute of Transportation Engineers I Il "r J ,~ 11 l~ 1, I I 'fl "I II, ~I' I I , jr '~I III ~ ~ Quality Restaurant (831 ) , ! Average Vehicle Trip Ends vs: Ona: Number of StudIes Average 1000 Sq Feet GFA DIrectional Distribution 1000 Sq. Fe ~rrs~@frJlMiE' 0 Weekday I ! I -d~ b ~ b U \!} If:; A.M. Peak HIT llien:;t~r 52004 ! 14 PlA,NNING & rEVELOPMENT 9 SERVICES 82% eote no~, 18% e!$ltllil g) F C LE \ RW A TER Trip Generation per 1000 Sq. Feet Gross Floor Area Average Rate Range of Rates Standard DeViatIon 557 o 87 . 10 37 379 Data Plot and Equation 120 X 110 . . . . 100 , , , 90 )( - ~ ~ ~ ~ - '" ~ ~ - ~ '0 eo , ~ c - - - w - - - n - - ~ ~ - ~ 70 - - ~ ~ - - ,F - Q) - , 01 - , <<l so ~ , - (jj - - - ~ > - - <( x x - - ~ , II 40 ~ - - - I- ~ ~ ~ - , - - - - - 30 - ~ . . - - - - - x X 20 - . - . X 10 . . . . x 0 T T T T I T , I 4 5 6 7 a 9 10 11 12 13 14 15 16 X =0 1 000 Sq Feet Gross Floor Area x Actual Dal" POints --~--.. AI/erage Rate Fitted Curve EquatIon' Not given R2 = ..u Trip Generation, 6th Edition 1360 Inslllule of Transportation Engineers - -' Quality Restaurant (831 ) Average Vehicle Trip Ends vs: On a: 1000 Sq. Feet Gross Floor Area Weekday, '- r:=J r ---:::::' r\\ n f? \n\\ . :\ 1\ /~... II Ill) IL::::J [ P.M. Peak Hour of enerator? I 1,;::= 1'\ \'.' L \' \\U)~0=e J~IJ" .~~ 1lf\1\ JQ 15 ZOO4 110 6~% eiitemng, 38% eXIting n, ~~ & ceVELOPMENT SERVICES C\TY OF CLEARWATER 'NlJmber 01\ Studies. I~~..;~'-.... --.: ~ :-C: ~"'\o-l/_04--~\ A'lerage lQ00,S<!t 'reeH~f\l\: 01 ractlonal -E>lstnbGtibn': Trip Generation per 1000 Sq. Feet Gross Floor Area Average Rate Range of Rates Standard DevIation 455 902 3 24 - 16 89 Data Plot and Equation 180 ^ 170 - , , X. 160 . - - -- - - 150 - - - - >< ~ ~ 140 - - - c , - , - /' , ~ ... /- ~ ~ <IJ 130 - . . . ~ ~ "'0 ~ ~ l:: ~ ~ w ~ ~ ~ 120 - - . - - ~ - - 0. ~~ ~ - ~ ~ ~ ~ Q) 110 , , - ~ ~ - ~ u ~~ ~ E ~ ~ Q) 100 - ~~~ - ::>- ~ ~ ~ <1l ~ , 01 90 - ~ ~- - . << II >< ~~ ~ I- 70 - ,~ . . - . . . . ~ - ~ . ~ ~ >< - ~ 60 - ~~ . - ~ ~ ~ x ~ ,0/ >< 50 ~ ~ - - - ~ ~ - - ~ ~ 40 ~ - - >< X 30 X . - . - 20 I . . I I I T . 1 I 4 5 6 7 8 9 10 11 12 13 14 15 16 X",1000Sq Feet Gross Floor Area X Actual Data PoInts ---~-- Average Rate Fitted Curve Equation: Not given R2 == **** Tnp GeneratIOn, 6th Edition 1361 Institute of Transportatlon Engineers f~ '~ ' I : ~: [ .1~1 I,~i · i' j'lli :\:' ! 1 ' {I~ 11~ <; _ l : I i (. '"" 1~ " 'I :l "I 11ilJ\ ~~ Y!'1 ~~ I, ~~ :11"'1 " Ij ~11;g1 ,Jj{1ji1 ~ ~, f'I'j .~, !~ Jl ~ 2~1~11 ~ . \1 ~ $f1~ ;jI~: 'i1~ ;~ ~ ~r:': ,Ji n Ill'!! ~I ,t' , Q ~ ~1~ w~ j,1 ~~' r , ~!l ~ Ii lh~ ~!~ ~~ ~I:~' ~IJ~ ~i t' ~ ./,... '" Quality Restaurant (831 ) Number of Studies: t ;~..,:;:...,;;:~ ~ ,;::.~ ..j.,- :ll~I- .......,O!);,~ ~ Aver:age'0~rQ00';iS~\ 1~eef6'F~. ..." ~~., 4d ~:'f. ~~ \,,~ h~l;,t'i t~\,.r:" IDJ l'ieC~10malfOI~t~l!JtlJtIOJ1~ Average Vehicle Trip Ends vs: 1000 Sq. Feet Gross On a: Weekday Trip Generation per 1000 Sq. Feet Gross Floor Area Average Rate Range of Rates Standard Deviation 8995 3341 - 13980 3681 Data Plot and Equation 1,600 X 1,500 - ~ ~ 1 ,400 . , ~ ~ ~ ~ x ~ , ~ ~ 1,300 . " . " . , , ~ , x x ~ , , - ~ ~ 1,200 - , y ~ l/l , , "0 , l:: , , W 1100 , , "" - , , - 9- ~ ,< , ~ ~ , 1,000 . , ., , , <Il ~~ 0 , ~ ~ E , , <l> 900 ~ ~~ > ~ , <Il , , x , Ol 800 " ~. " . ro , '- x , ~ <Il , ::- X , , <( / ~ 700 II ~ , ~ , I- , ~ X 600 . X ,~ , - ~ - , >~"x ~ ~ 500 .-' . " . - ~ )' , , ~ 400 , - X 300 X 'X' . 200 , , I I I I 4 5 6 7 a 9 10 11 12 13 14 15 16 X = 1000 Sq Feet Gross Floor Area x Actual Data Polnta ------ Average Rate FItted Curve Equation: Not given n2 = .... TfJp Generation, 6th EdItIon 1357 Institute of Transportallon EngIneers Lincoln Allen Civil Engineering Group, Inc. July 21, 2004 Mr MIke Reynolds CIty of Clearwater 100 Myrtle Avenue Clearwater, FL 33758-4748 Re: Old C1canvatcr City Flats & Wells Court Flexible Development Application (comprehensive infill) Case No.: FLD 2004-05039-610 S. Myrtle Avenue LACivil Project No.: 091-001.200 Dear Mr Reynolds Thank you for allowmg us an additIOnal week to submit supplemental mformatlOo attached herem You will find the followmg Items · One (l) copy of signed and sea led survey . Nme (9) copIes of full sIzed elevatIOn drawmgs (eight (8) for board members & one (I) for staff) . Fifteen (15) 8 ~"x 11" copies of elevatiOn drawmgs We WOll Id like to thank you and your staff agam for allowmg us to bnng these I terns by noon today Please save any copies of the full sized elevatIon drawmg for us to reuse m the future If you have any questIons or comments regardmg the above referenced matenal, please gIVe me a call Smcerely, LA CIVIl ORIGINAL ~~ VICe President CC Blake Longacre, FBL Development r(_~~(C~~~~ fRjl J~'UI JUL 2 I 2004 iD I I PLANNING & DEVELOPMENT SERVICES CITY OF CLEARWATER 1446 Court Street. Clearwater, FL 33756 Ph (727) 446-9000 · Fax (727) 446-9050 . E-MaIl SLmcoln@LAClvtl com · E-Matl' SAllen@LAClvll com Reynolds, Mike From' Sent' To' Subject Stephen Allen [sallen@laclvll com] Friday, July 23,20041056 AM Reynolds, Mike Old Clearwater City Flats Bldg 300 - 59'-0" Proposed helghts are as follows: Bldg 200 - 59'-0" Bldg 400 - 59'-0" RetaJ.l - 34'-0" Clubhouse - 17'-0" Steve Let me know If you have any further questJ.ons 1 L.t. (,~l~~ ;( C earwater - '----/....~-~_....... CITY OF CLEtRWATER PLANNING DEPARTMENT MUNICIPAL SERVICES BUILDING 100 SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756 TELEPHONE (727) 562-4567 FAX (727) 562-4576 WWW MYCLEARW A TER COM o June 14, 2004 F Blake Longacre 401 Corbett Street SUIte 110 Clearwater, Fl 33756 RE FLD2004-05039 -- 610 S MYRTLE AVE -- Letter ofCompletcness Dear F Blake Longacre The Planmng Staff has entered your applicatIOn mto the Department's fihng system and assigned the case number FLD2004-05039 After a prehmmary review of the submItted documents, staff has detenmned that the applIcatIOn IS Complete The Development RevIew Committee (DRC) WIll review the applIcatIOn for sufficiencv on July 08, 2004, m the Plarmmg Department conference room - Room 216 - on the second floor of the MUlllcipal Services BUIldmg The bUIldmg IS located at 100 South Myrtle Avenue m downtown Clearwater Please call Sherry Watkms, AdrmmstratIve 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 apphcable) 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 questtons, please do not hesitate to contact me at 727-562-4836 or MIke Reynolds@myc1earwater com Smcerely yours, ht(~ # . tL:.;~ Mike Reynolds, AICP Scntor Planner ! ell!?! o/Completeness - rLD2004-05039 - (,f0 S MYRTLE A VE "- (tws.I~ ~~ u~ Plannmg Department 100 South Myrtle Avenue Clearwater, Florida 33756 Telephone 727-562~4567 Fax 727-562-4865 CASE, . ~L DATE RECEIVED RECEIVED BY (slaff Initials) ATLAS PAGE # ZONING DISTRICT LAND USE CLASSIFICATION SURROUNDING USES OF ADJACENT PROPERTIES NORTH SOUTH WEST EAST -Q i6) SUBMIT ORIGINAL SIGNED AND NOTARIZED APPLICATION , I S- a) SUBMIT 1tCOPIES OF THE ORIGINAL APPLICATION including 1) collated, 2} stapled and 3) folded sets of site plans (:; 14~ g Ser\li:Co ) 1":: 5 00 '/ \.3-) SUBMIT APPLICATION FEE $ \ 1'2.0 - I~ * NOTE 1.t'TOTAL SETS OF INFORMATION REQUIRED (APPLICATIONS PLUS SITE PLANS SETS) FLEXIBLE DEVELOPMENT APPLICA{jcJiN GINA Comprehensive Infill Redevelopment Project (Revised 11/05/02) I L ~ PLEASE TYPE OR PRINT ~ usc addlllonal sheets as necessary A APPLICANT, PROPERTY OWNER AND AGENT INFORMATION: (Section 4.202 A) ^ 1)svE:::t.oft-lZ. t APPLICANT NAME~~AK( loNGAtRE: C~ ~~rr ~ffL'{6J1 (LAN.I) itA Rc..HA'SE(2. ) MAILING ADDRESS 40 I toR?e:1T SIREeI, Su. liE I lO J Cl.64Rt.OAI&2. J R.. '3311 0 E-MAIL ADDRESS FBL DEV @TAMf)i\BAY, RR. COM PHONE NUMBER J7Z-1) 5"'0 - SSq" CELL NUMBER l1Z7) 5bO-S5"'((P FAXNUMBER -1.72'1) 44" - \2-Cf to PROPERTY OWNER(S) 'R6 Ll G IOJ.S l:otv\muNr\Y' &::R. VI CE& (RC'S) J ,tJC. (Must Include ALL owners) AGENT NAME(S)~13LA Kt lcNflAc.<<e l Sctrr-r LII\I c..cwJ I R=: C/o LA tI\JH- MArLING ADDRESS -.l.411o CbuRT STREf..T I Ct&ttZWt6Z. J FL '33,sto E-MAIL ADDRESS SL I",COLN @ LAC-IVI L . C.J~lV\ PHONE NUMBER l1'2.-7) 44lo - q C':Cl) CELL NUMBER (,2.1) IDCf -leerSI FAX NUMBER (-7'2..-1) #fo - '1050 , LEGAL DESCRIPTION PARCEL NUMBER 02b 00/0 PARCEL SIZE 2..79 AC.~ES (NC)RTl-l) of 3.85 AK'OCS owf'Eo BY Res i JAt:. (acres, square feet) PROPOSED USE AND SIZE 4B CtNCoM II\lIUM UtoJtrS 2.07 ACKES + tLLJB HouSE 2000 SF) A DELl: ~ utVtrJ1; DESCRIPTION OF REQUEST(S) (' SEf A -riA c..H GD FY<c"J"'€CI N A RRA1iVE ) (Include air requested code deVlatlons, e 9 reductIOn m reqUIred number of parking spaces specific use ete) Page 1 of 7 - FleXible Development ApplIcation. Comprehensive Inflll Redevelopment ProJect~ City of Clearwater DOES THIS APPLICATION INVOLVE THE TRAf~~FE R OF DEVELOPMENT RIGHTS (TOR) A Pf1I;\i, _ _'sLY APPROVED PLANNED UN IT DEVELOPMENT, OR A PREVIOUSLY APPROVED (CERT1FI EO) SITE PLAN? YES _ NO ~ (If yes, attach a copy of the applicable documents) C PROOF OF OWNERSHIP. (Section 4-202 A) riI' SUBMIT A COpy OF THE TITLE INSURANCE POLICY, DEED TO THE PROPERTY OR SIGN AFFIOAVIT ATTESTING OWNERSHIP (see page 6) (A""M""AtH. to \ I D. WRITTEN SUBMITTAL REQUIREMENTS: (Section 3-913 A) o Provide complete responses 10 the SIX (6) GENERAL APPLICABILITY CRITERIA - Explain how each criteria IS achieved, In detail The proposed development of the land Will be In harmony With the scale, bulk, coverage, denSity and character of adjacent properties In which It IS located ( SEt Nr-rA otE1) ~d€Cr NAIZRAnvE ) 2 The proposed development will not hinder or discourage the appropriate development and use of adjacent land and bUildings or slgmficantly Impair the value thereof (S82. ^-rTA C.HE{) fRoZ"ECT NARMTH/f) 3 The proposed development will not adversely affect the health or safety or persons residing or working In the neighborhood of the proposed use (S~ AfTAC:t-tED ~O~eCT NARAA-r'Vf) 4 The proposed development IS deSigned to mlnlml~e traffic congestion ( :5EE AiTACJtEb Rzo::rEC:i NAARAllvE:) 5 The proposed development ]S consistent With the community character of the Immediate vlclmty of the parcel proposed for development (SEE It-ITACJ.{ED ~ I\JA~A""'IVt) 6 The deSign of the proposed development mlnlml~eS adverse effects Including visual, acoustic and olfactory and hours of operation Impacts, on adjacent properties ( ~ AI'TA-CH6? f/Zo--:secr NA~RA1\V~) o PrOVide complete responses to the ten (10) COMPREHENSIVE INFILL REDEVELOPMENT PROJECT CRITERIA (as applicable) - Explain how each crltena IS achieved In detail The development or redevelopment of Ihe parcel proposed for development IS otherwise Impractical Without deViations from the use Intensity and development standards ( ~ A1TAt.HEO ~D:recr NARRA-rnJE-) Page 2 of 7 - Aexlble Development Application - Comprehensive lnflll Redevelopment PrOject- City of Clearwater 2 The development of the parcel proposed for development as a comprehensive Infill redevelopment project or resldenilal Intill project will not reduce the fair market value of abutllng properties (Include the eXisting value of the site and the proposed value of the site With the Improvements ) (SEE. krrA c.tt€C> ft2t1J&T" NAf<<.AT\\/E) 3 The uses Within the comprehensive Infill redevelopment project are otherwise perrmtted 10 the City of Clearwater (.3t;f::.; Al(AC-~tD ~00fCl NAR({A:'fu/€) 4 The uses or mix of use wlthm the comprehenSive mfill redevelopment project are compatible With adjacent land uses ( .5E€ Af'"IA tt-fED t1?Dd€C-r f\1ARl2AT\VE:) 5 SUitable SItes for development or redevelopment of the uses or mix of uses Within the comprehensive Infill redevelopment project are not otherwise available In the City of Clearwater ($E.€; A'1iA <:tf EC> f1?o"J"8:-T NAR.R-ATf..Jf) 6 The development of the parcel proposed for development as a comprehensive mfill redevelopment project will upgrade the Immediate VICinity of the parcel proposed for development (~ A1'1'""AtHS,:) fl2o'j"EC:r rJl+I11l.A'1lVC ) - 7 The design of the proposed comprehensive mfill redevelopment project creates a form and funcllon that enhances the commul'll\y character of the Immediate VICinity of the parcel proposed for development and the City of Clearwater as a whole (SEE A1TA CHE!> Reb'J""EC-T rJA1Ll2A-ruE) 8 Flexibility In regard to lot width, required setbacks, helghl and off-street parking are Justified by the benefits to community character and the lmmed late VICInity of the parcel proposed for development and the City of Clearwater as a whole ( sa= Mlke-HEC> f'a.u:recr /'JA-UA,1JE) 9 Adequate off-street parking In the Immediate VICinity accordmg to the shared parking formula In D,VIs,on 14 of Article 3 Will be available to aVOid on-street parkmg In the Immediate VICinity of parcel proposed for development (see A:,-rACHEC> ~cr NAl2/lknvt) 10 The deSign of all bUildings complies With the Tounst DlSlnct or Downtown District deSIgn gUIdelines In DIVISion 5 of Article 3 (as applicable) Use separate sheets as necessary (~ A:('"iAc.HED ~ECr NAIllLA-rlJE ') ~ Page 3 of 7 - FleXible Development Application - ComprehenSive Inflll Redevelopment Pro]ect- City of Clearwater E. SUPPLEMENTAL SUBMITTAL R JIREMENTS: (Code Section 4-202.A) @ SIGNED AND SEALED SURVEY (including legal description of property) - One original and jC~les, CI TREE SURVEY (Including eXisting trees on site and within 25' of the adjacent site by spe,,\es, size (DSH 4" or greater), and location, Includ Ing dnp lines and Indlcatmg trees to be removed), (Nb ON <;; I 1"( ~) LOCATION MAP OF THE PROPERTY, L CoUGf2. Sf{ f:.ef oF Pur,.1S.AND A1'fAC ti ED) @ CI PARKING DBJlAND STUDY m conjunction with a request to make deviations to the parking standards (Ie Reduce number of spaces) Prior to the submittal of this application, the methodology of such study shall be approved by the Community Development Coordinator and shall be In accordance with accepted traffic engineering pnnclples The findings of the study w III be used In determmmg whether or not deviations to the parking standards are approved, f Mf' GRADING PLAN, as applicable, I.....-- o PRELIMINARY PLAT, as required (Note BUilding permits Wilt not be Issued until eVidence 01 recording a final plat IS prOVided), o COPY OF RECORDED PLAT, as applicable, , F) SITE PLAN SUBMITTAL REQUIREMENTS: (Section 4-202 A) ;/ SITE PLAN with the follOWing information (not to exceed 24" x 36") ./ All dimenSions, ..L.. North arrow, 2 Englneermg bar scale (minimum scale one Inch equals 50 feet), and date prepared, ~ Location map, Z, Index sheet referenCing Individual sheets Included In package, ." . Footprint and size of all EXISTING bUildings and structures, 7' Footprrnt and size of all PROPOSED bUildings and structures, /, All required setbacks, 7 All eXisting and proposed pOints of access, -/ All reqUired sight tnangles H! Identification of environmentally umque areas, such as watercourses, wetlands, tree masses, and specimen / trees, Including deSCription and location of understory, ground cover vegetation and Wildlife habrtals, etc L Location of all public and pnvate easements, 1/ . Location of all street nghts-of-way within and adjacent to the Site, ""7 Location of eXisting public and private utilities, including fire hydrants, storm and sanitary sewer lines, manholes and lift stations, gas ./ and water lines, All parking spaces, drIVeways, loading areas and vehIcular use areas, Including handicapped spaces, -7 Depiction by shading or crosshatching of all reqUired parking fat Intenor landscaped areas, 7' localron of all solid waste containers, recycling or trash handling areas and outSide mechanical eqUipment and all reqUired screening {per / Section 3-201 (0)(1) and Index #701}, V localion of all landscape matenal ""7 ~ location of all jUrlsdlcllOnalllnes adjacent to wetlands """7 Location of all onslte and off site storm-water management faCilities _ Location of all outdoor hghtlng fixtures, and L Locallon of all eXisting and proposed Sidewalks SITE DATA TABLE for eXisting, reqUired, and proposed development, In written/tabular form land area In square feet and acres, Number of EXISTING dwelling Units, Number of PROPOSED dwelling uMs, Gross floor area devoted to each use, Pallung spaces total number presented In tabular form With the number of reqUired spaces Total paved area, Including all paved parKing spaces and dnveways expressed In square feet and percentage ofthe 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, Impermeable surface ratio (I 5 R ), and Floor area ratiO (F A R ) for all nonreSidential uses ~ REDUCED 'SITE PLAN to scale (8 Y.. X 11) and color rendenng If pOSSible .l'QI '-""/ ~ 7' V 7 7 -7 ( CDVEVl. ~€t::"\ 0 F" fl.ANS) g'""} FOR DEVELOPMENTS OVER ONE ACRE, proVide the follOWing addlltonal Informalton on site plan I ./ \ One-foot contours or spot elevaltons on Site, \ I Off Site elevations If required to evaluate the proposed storm water management for the parcel, All open space areas, Location of all earth or water retaining wa lis and earth berms, lot lines and bUIlding lines (dImensIOned), Streets and drives (dimensioned), BUilding and structural setbacks (dimensioned), Structural overhangs Tree Inventory, prepared by a "certified arbonsf', of all trees 8" DBH or greater, reflecting size canopy (drip lines) and condition of such trees ~ Page 4 of 7 - FleXible Development Application - Comprehensive Inflll Redevelopment Pro)ect- City of Clearwater G LANDSCAPING PLAN SUBMITTAL REQUIREMENTS I~ ~ ~ L -'- ...L -{ rt6' ~ a (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 elevallons, Delineation and dimensions of all required penmeter landscape buffers, Sight vIsibility triangles, Delineation and dimensions of all parking areas including landscaping Islands and curbing, Proposed and reqUired parkmg spaces, EXisting trees on-site and Immediately adjacent to the site, by speCies, size and locatIons, including dnpllne (as Indicated on reqUired tree survey), Location, size, descrrptlon, specifications and quanlllles of all eXisting and proposed landscape matenals, including bolanlcal and common names, TYPical planting details for trees, palms, shrubs and ground cover plants including instructions, 5011 mixes, backfilling, mulching and protectIVe measures, Intenor landscaping areas hatched and/or shaded and labeled and interior landscape coverage, expressing In both square feet and percentage covered, Conditions of a prevIous development approval (e g conditions Imposed by the CommumtY,Development Board), Irngatlon notes ( t cD '" /D 1l'U2.44A-rICN CfSX-IlA$ 11:> BE PIltJ\.l lOG/:> ) REDUCED LANDSCAPE PLAN to scale (8 Y, X 11) (coloT rendenng If pOSSible) IRRIGATION PLAN (reqUired for Level Two and Three apphcallons) (Tc B<; P/Zlb VI OED Pat r::i2- '1"0 e. DB) a COMPREHENSIVE LANDSCAPE PROGRAM applicatIOn, as applicable '~ STORMWATER PLAN SUBMITTAL REQUIREMENTS: (City of Clearwater DeSign Criteria Manual and 4-202.A 21) rill / 7 7 ~ 2' STORMWATER PLAN including the follOWing reqwrements EXisting topography extending 50 feet beyond all property lines, Proposed grading including finished floor elevations of all structures. All adjacent streets and mUnicIpal storm systems, Proposed stormwater detention/retention area Including top of bank, toe of slope and outlet control structure Stormwater calculations for attenuation and water quality, Signature of Flonda registered ProfeSSional Engineer on all plans and calculations COpy OF PERMIT INQUIRY LEITER OR SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT (SWFWMD) PERMIT SUBMITTAL (SWFWMD approval IS reqUIred prior to Issuance of City BUilding Permit), If applicable o COPY OF STATE AND COUNTY STORMWATER SYSTEM TIE-IN PERMIT APPLICATIONS If applicable (NA) (J fli BUILDING ELEVATION PLAN SUBMITTAL REQUIREMENTS (Section 4.202 A 23) ,~ ReqUired In the event the applicalton Includes a development where deSign standards are In Issue (e 9 Tourist and Downtown Districts) or as part of a ComprehenSive Infill Redevelopment Prolect or a Resldentlallnfill PrOject if BUILDING ELEVATION DRAWINGS - all Sides of all bUildings including height dimenSions, colors and matenals ra' REDUCED BUILDING ELEVATIONS - four Sides of bUilding With colors and matenals to scale (8 Y:. X 11) (black and white and color rendering, If pOSSible) as reqUIred J. SIGNAGE: (DIVision 19. SIGNS I Section 3.1806) a All EXISTING freestanding and attached Signs, PrOVide photographs and dimenSions (area hetght, etc ), indicate whether they Will be removed or to remain fiI' All PROPOSED freestanding and attached signs, PrOVide details including location, Size, height, colors, matenals and drawing a ComprehenSive Sign Program applicatIOn, as applicable (separate applicallon and fee reqUIred) i/ Reduced slgnage proposal (8 Yo X 11) (color), If submitting ComprehenSive Sign Program applicatIOn ~ Page 5 of 7 - Rexlble Development Application - ComprehenSive Inflll Redevelopment ProJect- City of Clearwater @ TRAFFIC IMPACT STUDY: (Section 4-202 A 13 and 4-801 C) o Include as required if proposed development will degrade the acceptable level of service for any roadway as adopted In the Comprehensive Plan Trrp generation shall be based on the most recent edition of the Institute of Transportation Engineer's Tnp General Manual Refer to SecMn 4-801 C of the Community Development Code for exceptions to thiS requirement L. SIGNATURE: I, the undersigned, acknowledge that all representations made In thiS application are true and accurate to the best of my knowledge and authonle City representatives to VISit and photograph the property descnbed In thiS appfl(;atlon STATE OF FLORIDA, COUNTY OF PINELLAS ~ Sworn to and subscnbed before me thiS Q)5 day of ~n.l r AD 20 eM 10 me and/or by , who IS personally known has as 'M.- OL- produced Identification r representative lli' ELIZABETH HARTlEY Notary PubliC Slale ot Florida M~ comm e~plres Ocl 8 2006 No DO 156325 Page 6 of 7 - FleXible Development Appllcatlor'l - Comprehensive Inflll Redevelopment ProJect- City of Clearwater M AFFIDAVIT TO AUTHORIZE AGENT Religious Community Services (RCS) (Names of all property owners) That (I am/we are) the owner(s) and record title holder(s) of the following descnbed property (address or general location) See Attached Legal Description 2 That this property constitutes the property for which a request for a (descnbe request) Review re a FleXible Development Application for the Comprehensive Inflll Redevelopment Project (Mlxed.Use) called "Old Clearwater Clt Flats" and "Old Clearwater at Well Court" at 610 South M rtle Avenue 3 That the undersigned (has/have) apPointed and (does/do) appoint Blake LOl'lQacre clo Corbett Development (Applicant) Scott Lmcoln. PE c/o LA CIVil (Applicant's Enqrneer) as (his/their) agent(s) to execute any petitions or other documents necessary to affect such petlllon, 3 That thiS affidavit has been executed to Induce the City of Clearwater, Flonda to conSider and act on the above described property, 4 That the applicant acknowledges tI1at all Impact fees (parks and recreation, traffic, etc ) WIll be paid PRIOR to the Issuance of a bUilding pennlt, certificate of occupancy, or other mechanism, whichever oCa.lrs first, 5 That site VISits to the property are necessary by City representatives In order to process thiS application and the owner authoflzes City representatives to VISit and photograph the property descnbed In thiS application, 6 That (I/we), the undersigned authOrity, hereby certify that the foregOing IS true and correct ~~ prope!~~ O.ra:.vL. QC5 STATE OF FLORIDA, COUNTY OF PINELLAS Before me the undersigned, an officer duly commissioned by the laws of the State of Flonda, on thiS dl~day 0 fYld'l ;}.PtJ4- personally appeared I;'t'" /),. cf< f'V)d " Deposes and says that hefl'.Ae fully understands the contents of the affidaVit that he/she Signed My CommisSion Expires hlduj """, ).PtJ8 S \Plannrng Deparlmenl\Apphr;allon Forms\development reView \2002 Forms\comprehenslve tnfill applicatIOn 2002 doc Page 7 of 7 FleXible Development Application - ComprehenSive I nfi II Redevelopment Project - City of Clearwater "Old Clearwater City Flats & Old Clearwater at Wells Court" PROJECT NARATIVE B. Description of ReQuest: The ApplIcant (Corbett Development, lnc) proposes to develop the subject sIte (2 79 acres) as a mIxed-use proJect conslstmg of cOndOmInIUmS (2 09 acres) and specialty shops plus restaurant (0 70 acres) The cOndOmInIUm project WIll be called "Old Clearwater City Flats" and wIllmclude (48)- 1,700 SF condommIUm umts and a 2,000 SF club house With landscaped common area around a sWImmmg pool WIth (9) pen meter parkmg spaces The retail portIon of the proJect will be called "Old Clearwater at Wells Court" and will mclude (4) specialty retaIl shops (1 st floor at 600 SF each) and a speCIalty dehlrestaurant (2nd floor at 1,000 SF) The City Flats wIll be constructed m (3) bUlldmgs (Senes 200,300 & 400) varYIng m height from 4 to 5 stones (46 to 58 feet) surroundmg a centrally located club house The club house wIll be a smgle story structure The Wells Court bmldmg WIll be (2) stones (35 fcet) The restaurant IS proposcd above the City Flats entranceway WIth a 14-foot vertIcal clearance, and the shops WIll be located symmetncally straddlmg each Side of the entranceway The entranceway will be from Turner Street and Will serve the entIre project The retail portiOn of the proJect WIll mclude 31 parkmg spaces The commercIal bUIldmgs WIll be pOSItIoned 25 feet from Turner Street With stormwater ponds deSigned to accent the project along Turner Street Lush landscapmg IS planned to accent the project penmeter and mtenor The applicant has met WIth staff on (2) occaSIons, mcludmg a BPRC meetmg on May 12, 2004, to review the proposed project To accomplIsh the project, approval IS bemg requested VIa a FleXible Development Level II Comprehensive (nfiU Redevelopment Application due to the followmg "standard code deViatIons" requmng fleXibilIty 1 The project IS a mIxed-use development III a commercial zomng dlstnct 2 The condomInIUm bUIldmgs WIll vary m height from 46' to 58' which exceeds the 50' code maxImunl However, a weighted average of the (8) major bUIldmgs equates to an average heIght of 49' 3 The condommmm bmldmg along Myrtle Avenue will be setback 21 33' from the property hne which IS less than the code reqUIrement of 25' and the outSide waIkwaylbalcony IS setback 15' from the property hne which IS less than the code reqUirement of25' 4 The southern buffer WIll vary III WIdth from 5' to 1674' which deViates form the code standard of 10' "Old Clemwater CIty Flats & Wells Court" Page 1 of3 D. Written Submittal Requirement: 1 The surroundmg properties mclude neIghborhood scale retaIl (new Pubhx and shops), small professIOnal offices, the RCS Food Pantry (to remam), St Ceceha's Church and smgle famIly resIdential homes The project WIll be m hannony with the surroundmg propertIes by vIrtue of the elmunatlon f the bhghted commercial property to be replaced with luxunous condommmms and specIalty shops catenng to local neIghborhood needs The project will be an extensIOn of the downtown wIth a MedIterranean flavor and architectural flare ResIdents of Old Clearwater CI ty Flats WIll enJoy the pnvacy of a gated commumty while enjoYIng the VIew of the mtenor pool area and/or the nearby hlstoncal nClghborhoods Wells Court WIll offer a restaurant and shops to cater to reSIdents' needs that WIll complIment the goods and services offered by the nearby Pubhx Shoppmg Center at Turner and Fort Hamson QUick access to the Pmellas Trail WIll also be a benefit to reSIdents 2 The proposed development IS expected to be the highest and best use for the property, whIch should mcrease nelghbonng property values It should be noted that the eXlstmg Scotty's faCIlity has been systematIcally abandoned for over 10 years and IS hkely degradmg local property values The present sIte owner IS RCS, Inc , WhICh IS a not-for-profit orgamzatlon Development of the property as proposed IS lIkely to advance the CIty tax base 3 The proposed development WIll m no way dcgrade the health and safety of reSidents hvmg or workmg m the neighborhood Conversely, the project IS expected to Improve the secunty of the neIghborhood by ehmmatmg abandoned, unsafe warehouse bUI1dmgs, removmg a railroad spur and Improvmg 10cahzed floodmg problems Tn addition, the proJect WIll create vanous new jobs 4 The project Will be far less mtense than a 3-acre commercIal development and WIll mInImiZe traffic Impacts by ehmmatmg vehicular access dIrectly to Myrtle A venue 5 The proJect WIll propagate the "hve-work" relatIOnshIp already explodmg III downtown Clearwater The project IS expected to create a nostalgia of "Old Clearwater" with everythmg reSIdents need wlthm waIkmg distance 6 The benefits of the proJect Will mclude lush landscapmg, MedIterranean architecture, pedestnan SIdewalks, reSidentIal scale hghtmg, and lImited shop operatmg hours "Old Clearwater CIty Flats & Wells Court" Page20f3 Comprehensive Infill Redevelopment ProJect Criteria: 1 Redevelopment of the subject property as a commercIaVretaIl operatton IS simply not fcaslble III the subJect neighborhood Hence, the Scotty's has remaIned closed and has been systemattcally abandoned over the past 10+ years The proposed mixed-use project IS more practtcal and IS more In harmony WIth the surroundIng neIghborhood In addition, SInce the present owner of the property IS a not-for-profit orgamzatton, the Applicant expects the City tax base to be benefited as well 2 Re-development of the property IS expected to Increase the property value from $1 5-mllhon to $13-mIlhon followmg Improvement based on COndOmInIUm umt market values of $250,000 for 48-umts and retail parcel value esttmated at $1-mIlhon 3 The proposed COndOmInIUm and specIalty retml shop uses are permitted uses e1sewhcre m the City 4 The proposed uses are In common With, compatible and complImentary to adjacent land uses and the surroundmg neighborhood 5 The applIcant has not located any sites wlthm the City that offer more sUitable and feaSible proximity to downtown, adJacent retail (Pubhx, shops, etc ), medIcal facIlities, government, the raIlroad and/or the Pmellas TraIl 6 The project IS proposed to remove and replace a blighted commerCIal development (old Scotty's) WIth 1uxunous cOndOmInIUmS and specialty shops Hence, the proJect IS expected to upgrade the ImmedIate VICInIty 7 The project IS expected to enhance the commumty character by encouragIng, to thc greatest extent pOSSible, a "hve-work-servIce" relattonshlP wlthm a downtown core area 8 The proposed project reqUIres mInor flexibility of reqUired setbacks bUlldmg heIghts and landscape buffers to be reasonably and feasibly developed The applicant beheves Said flexibility can asSISt In mcreasmg property values, character of the neIghborhood, the City tax base, and III creatton of Jobs 9 The parkIng facIhttes for the project are expected to fully sustam the resldenttal and commercial uses proposed for the proJect 10 The apphcant Intends to utilize speCific architectural deSigns and themes which have been hIstoncally eVident m the neighborhood, even though the project IS not wlthm the tounst or downtown dlstncts "Old Clearwater C1ty Flats & Wells Court" Page 3 of3 / t)~ cq IN,tfL '> ORIG:;~,lAL Lincoln Allen Civil Engineering Group, Inc. Certificate of Authorization No. 00008766 FLEXIBLE DEVELOPMENT APPLICATION "OLD CLEARWATER CITY FLATS & OLD CLEARWATER AT WELLS COURT" 610 South Myrtle Avenue City of Clearwater, Flonda Prepared for F. Blake Longacre FBL Development (c/o Corbett Develop~ent, Inc.) 40 I Corbett Street, Suite 110 Clearwater, Florida 33770 (Phone: 727-560-5596) Submltted to Attention: Mr. Wayne Wells, Senior Planner City of Clearwater Planning & Zoning Division PROJECT NO 091-001 200 DATE Mav 26. 2004 "';"; o ".... ,- /- 1446 Court Street. Clearwater, FL 33756 Ph (727) 446-9000 · Fax (727) 446-9050 · E-MaIl SLmcoln@LACivll com. E-Mail SAIlen@LAClvll com TABLE OF CONTENTS 1 , Cover Sheet 2 Table of Contents 3. FleXIble Development ApphcatIon (Level II Compo Infill) wi Owner AffidavIt 4. Project NarratIve 5. VICInIty Map 6 Legal DescnptIon 7 SIte Plan (8 Y2 X 11) 8 Project SIte Data (8 Yz xII) 9, Landscape Plan (8 Y2 x 11) 10 BUIldmg ElevatIOn Plans (11 x 17) 11 SIgn ElevatIOn Details (8 Yz x 11) 12 Photograph of TypIcal 13 Project Dramage System NarratIVe . Dramage CalculatIons for CommerCial & ReSIdentIal Parcels . Underdram CalculatIOns for CommerCial & ReSIdential Parcels 14 Tnp GeneratIOn AnalysIs Additional Attachments: . (1) Copy of Boundary & TopographIC Survey (SIgned & sealed and dated 05/17/04) . (16) CopIes of LA CIVIl: SIte Development Engmeenng Plans . (16) Caples of Art DeSIgn UnhmIted: BUIldmg ElevatIOn Plans r l:.:....I) II Ial 123] l23I I23l 8 ~ II &-&- ----~--- I' I I ,",OJ ::t)C ~-~~---~-~-~-~-- g5 OJ 6~ ...,!: ::t). E3J Eal ...,.,Vl o!:1 E9J rJ>,) zz 00 -ICl ~o fTlUl !9 I53l ~ 'J>,) "'Oil:' [T]o ~b ~O 20 ;SR- I [I [I -----~._._.__._- Z.,. 0 0 - ~---------- 8] ~ ES9J Ea "'0 ::t) ,.,., C :;::: Z >- ;lJ --< o z ,.... --< f.: '::~":'. I II 8 E9] E9J Sl~19 II ~ I~I -I>-};- ~ t~ I ~ I ~ . ! t~ 5 GJ b; 'i: i ART DESIGNS UNLIMITED o PROJ1;;C T FOR FBL DEVELOPMENT, INC - WELLS COU RT - OLD CLEARWATER CITY FLATS TYPICAL CONDOMINIUM BUILDING 100 WELLS COURT, (510 IolYlRLE AV) CLEARWATER, PINELLAS COUNTY F1.ORIDA JOI-lN I-lAUSE - ARCHITECT AN TH ON Y R T A IT - DESIGNER J'~ SALEM STREET SAFETY HARBOR FLORIDA TEL '" FAX (727) 799-9752 , lliIID , "' -0 :::tl J"T1 r ~ Z ~ ;0 -< o z r -< ~ ~ -i=>- ~ t~ I ~ , I t! I !l ~- 0J q i! J ~ o PROJEC T fOR F8L DEVELOPMENT, INC WELLS COU RT - OLD CLEARWATER CITY FLATS TYPICAL CONDOMINIUM BUILDING 100 WEllS COURT (610 MTTflLE AV) CLEARWATER PIN ELLAS C DUNlT, FLORIDA I ) wm ART DESIGNS UNLIMITED JOH N H AU 5E ~ ARCH ITEe T ANTHONY R TATE: - DESIONER ~16 SALEIII STREET SAfETY HARBOR, fLORIDA TEL II< fAX (n7) 799~9752 Comprehensive Infill Redevelopment Application Wells Court and Old Clearwater City Flats Typical Building Color and Finish Example 610 Myrtle Street Clearwater, Florida All buildings within the project will be of similar color and finish. Buildings will be a custom mixture of August Grass and Northern Breeze with a smooth sand finish stucco accented with white trim and terracotta roof. Fencing will have similarly colored monuments spanned by black wrought Iron. The picture below is a close approximation of the final color and trim treatment. II VICINITY MAP :,'k,' ,I SECTION 13, TOWNSHIP 34 SOUTH, RANGE 17 EAST LEGAL DESCRIPTION- THE NORTH 2 79 ACRE PORTION OF THE FOLLOWING DESCRffiED TRACT ALL OF BLOCK 26, MAGNOLIA PARK, AS RECORDED IN PLAT BOOK 3, PAGE 43, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, LESS THE SOUTH 200 FEET OF THE EAST 150 FEET THEREOF, AND LESS A TRIANGLE IN THE NORTHEAST CORNER THEREOF DESCRIBED AS BEGIN AT A POINT ON TI-IE EASTERLY BOUNDARY OF SAID BLOCK 26, AND 10 FEET SOUTH OF THE NORTHEASTERLY CORNER OF SAID BLOCK 26 AND RUN THENCE NORTH 10 FEET TO SAID NORTHEASTERLY CORNER, RUN THENCE WEST 11 FEET ALONG THE NORTHERLY LINE OF SAID BLOCK 26, RUN THENCE SOUTHEASTERLY TO THE POINT OF BEGINNING ALL OF BLOCK 21, MAGNOLIA PARK, AS RECORDED IN PLAT BOOK 3, PAGE 43, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, LESS AND EXCEPT LOTS 4 AND 5 THEREOF THAT PORTION OF VACATED OR CLOSED PINE STREET BETWEEN BLOCK 21 AND BLOCK 26 OF MAGNOLIA PARK SUBDIVISION, ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK 3, PAGE 43, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, AS DESCRIBED IN ORDINANCE NO 2467-81 OF THE CITY OF CLEARWATER, FLORIDA RECORDED IN OFFICIAL RECORDS BOOK 5258, PAGE 2041, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA ENCOMPASSING 385 ACRES MORE OR LESS (M 0 L) < f-I < Q ~ f-I ~ V1 f-I U ~ ~ o ~ ~ t.9! 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""oq oqoq- a l,llll,c..,-;--l;l l";l ~ ~~~~~~~:~~~~~~n~ ~!~~ ~ 1 d ~ ~s! j \H~.~~f ~! ~~L~ j ~,>lP~!j!I~'~r~~~~jn iP"~!H ~i'" fL~ , ~.~~~0~uK L~xli8J~l J . ~ ~ J ~ j i " . ~ . ~ I -. ., >.tl 13 1; ~ -.. l;~~H , I \fl~ hA~hhl;-ndt,hlr j "'I 'It^i:'~'!<' ~,"'/,,!l.~~~~ ~~ l~~!lHHHHJHl!H! ~ ~~ ~n"~~H5Q~~8..~~~~~~~ -'-' > ~~ N t\. ro1~ ii; ~~~"':.~;:;] ~~ O~~~~~M~U~~~~N~M~~~~~ ~ mTI Z~t6-6til (J,U) ]I: 't J JP l1l ~GI~O'~ ~08~VH A~~JV5 .l]'~IS l'II)lVS 91'" ~flr-ots3Q - llly.1 H ,oI.,NOHlI"h' 1:J311H:Jl:fY - :3sn~.H HHQr 031IViI1Nn SN:JIS3G HN VOUDl,:I J.J. Nrx):) SfTI3Nlc:I lIJ1v~ (A'i 31:!ilJ.... OLg) lit;lnOO Sll:JWI OOl 3~tI~lli tl3 I'ln INII'lOONO~ 0 N~ <J]l ND ll~ U<l Sl ~l.J icllO ~JL\lMW3"Kl 010 - l~OO~ STUll :JNI IN3VidOl3A30 l8j :t:IO;;l.LO~tid I <-,r ~ Z o ,.. ~ '" s: a g: I I. U J i z .. <? '" 0 0 <> 0 " ;;;> 0 " " z o '" " :> ~ "' t:l a '" "' " d '" .. ir' l5 ~ llt a : '" d mID I II ~ "- t5 ~i~ ESI :~ "," ~ C"':;;;!;:: 9>- 9!:!'" -z 1ii~fil "0 me: III '" '" ill o ~e___ ta<l . . . " .... YOlII01J itlClllltI'tH ^l::iL~WS ..L:ilJtl.L5i "~1"'S !IIIL[ H3HD1S:3(] - II VI l:I .lNO:J.UN't ~IKRIY - lStIl'H N~ 03J.1V1IlNn SN:>IS30 HI" ~... I'lJlllO'U IJ.NrllO SVT\3Nld WYIlIrf3'l:l (^Y 7llIW'l 0"") '~lIOO:I ST13lI 001 :It/I01lne I'lnlNll'lOONQO lYOId.U SJ. Y1..:I )J. i:l ~3J. .M~Y310 010 - J.~no:l ST13111 :lNI 'iN3~dOl3A30 18.:J ~~1~ ('.II I .:tv ~ t5 ,... '" < z :i iil '" "- 8~ ~l!l ~~ 5 m;:: "' z ~ ~~ ~li go -z iila !'3 LEGAL DESCRIPTION: THE NORTH 2 79 ACRE PORTION OF THE FOLLOWING DESCRIBED TRACT ALL OF BLOCK 26, MAGNOLIA PARK, AS RECORDED IN PLAT BOOK 3, PAGE 43, PUBLIC RECORDS OF P;INELLAS COUNTY, FLORIDA, LESS 1Jffi ~OUTH 2,eO FlEET OF ;> ->,0- ...-1 --' j.o ~ ..-;.~~....;;r/fL"" -( <; '\". { .........1...] '" .....::.+# {.--f,o '}It.. jJr..._ "- ..-r'.. "':-v....- ..... 'F~ EA:.S:iF 'F5Ji)' ~lf~)E~ :'iflf,J)EREe>E, AND t:BSS A -lRr,WNG2B' IN _THE :N0R~E:ASif l~..l _ "'- AI--,"~~i..!>- \t--c.., ~~ _l~j_:!;.~ ~ l..."..... I..... _ CORNBR THER'EOPDBS~RlII3~D,AS BEGIN AT A POINT ON THE EASTERLY BOUNDARY OF SAID BLOCK 26, AND 10 FEET SOUTH OF THE NORTHEASTERLY CORNER OF SAID BLOCK 26 AND RUN THENCE NORTH 10 FEET TO SAID NORTHEASTERLY CORNER, RUN THENCE WEST 11 FEET ALONG THE NORTHERLY LINE OF SAID BLOCK 26, RUN TIIENCE SOUTHEASTERLY TO lliE POINT OF BEGINNING ALL OF BLOCK 21, MAGNOLIA PARK, AS RECORDED IN PLAT BOOK 3, PAGE 43, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, LESS AND EXCEPT LOTS 4 AND 5 THEREOF THAT PORTION OF VACATED OR CLOSED PINE STREET BETWEEN BLOCK 21 AND BLOCK 26 OF MAGNOLIA PARK SUBDIVISION, ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK 3, PAGE 43, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, AS DESCRIBED IN ORDINANCE NO 2467-81 OF THE CITY OF CLEAR WATER, FLORIDA RECORDED IN OFFICIAL RECORDS BOOK 5258, PAGE 2041, OF TIIE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA ENCOMPASSING 3 85 ACRES MORE OR LESS (M 0 L) rD)r~~~~w~rol Ill1 JUl I 5 2OIl4 1/ 11 U ~I --1t-/ l PLANNING & I' -',-" r}oMENT Sf:ilVI elll' 0- CL -,NATE!:l "Old Clearwater City Flats & Old Clearwater at Wells Court" PROJECT DRAINAGE SYSTEM NARRATIVE The Applicant (Corbett Development, Inc ) proposes to develop the subJect site (2 79 acres of the 3 85 acre parent tract) as a mIxed-use project conslstmg of condommIUms (ReSIdentIal Parcel 209 acres) and specialty shops plus restaurant (CommercIal Bas10 070 acres) The condommIUm project wIll be called "Old Cleanvater CIty Flats" and wIll mclude (48)-1,700 SF condommIUm umts and a 2,000 SF club house wIth landscaped common area around a sWImmmg pool with (9) penmeter parkmg spaces The retail portIOn of the project wIll be called "Old Clearwater at Wells Court" and will mclude (4) specialty retaIl shops (151 floor at 600 SF each) and a specIalty deli/restaurant (2nd floor at 1,000 SF) The stormwater dramage deSign WIll mclude four (4) dry retentIon ponds Ponds 1 & 2 Will serve the CommercIal Basm and Ponds 3 & 4 WIll serve the ReSidentIal Basm Each pond system has been deSigned to prOVide water quality treatment for the first 12-mch of runoff usmg engmeered underdram systems In addition, each pond system prOVides storage based on attached calculatIOns usmg the RatIonal Method (delta C * I * A) for the 25-year storm and a I-hour (3600 sec) time of concentration, where delta C IS the difference between the weighted post-development and pre- development runoff coeffiCients In addition, based on the City Stormwater Manual, the pre- development runoff coeffiCIent utilIzed IS 0 20 smce the City Staff contends that the site "contrIbutes to localIzed floodmg" Hence, no credit IS bemg taken by the Apphcant for the present 100% ImpervIOUS condItIon of the SIte The Apphcant requests that the City Staff give due conSideratIon to thIS extreme hardshIp dunng the reVIew of the project and the dram age system parameters (I e use of vertIcal waIl III 50% of the ponds, proXImIty to buffers, etc ) The Pond bottom and top elevatIons are generally between elevatIon 20 5 and 26 0 The SHWT elevatIOn has been apprOXImate to be at elevation 19 0 based on annual water level data collected from onSlte wells by an environmental consultant dunng environmental studies on the property 10 1991 & 1992 Hence, the ponds Will be Dry RetentIOn Ponds Ponds 2 and 3 Will contam outfall control structures With rectangular weirs elevated and Sized to control the post-development runoff not to exceed the pre~developll1ent runoff The Pond 3 outfall structure WIll actually dIscharge through the Pond 2 outfall structure, WhICh Will proVIde ultImate pOSItIve outfall the a 72-mch RCP III the center of Tumer Street Each Pond System IS deSIgned to have 05 feet of Freeboard It should be noted that although the City of Clearwater IS requmng water quality treatment and attenuation, the S WFWMD Will only req utre water q uah t y treatment SInce the proJ ect 1 sIess than 1 0- acres of proJect are and less than 2-acres ImpervIOUS In the past, the SWFWMD has also granted exemptions for SImilar proJects based on reductIOn of pollutant loadmg (I e reduction In use IntenSity, dlll1lnlmUS Impact) "Old Clearwater City Flats & Wells Court" Page 1 of 1 CIl ;z: o ~ ...J :::l U ...J <:{ U 0:: w I- ~ :i: e::: o l- I/) -g~ffi3 g ti!loooolo o>u $; If) 0 0 OJ "'NOO 15 .:::10 0........ <:: 0> '" 0 o::U t) o <: ~ ..s ~ ~I;Ii? _ 0 0.... 0 0 0 "''''MIOMO Ill<OMO><OO I])....OMMO -r--N 0 o .... <f!. 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II <l> E ::l '0 > c: E iii f I- "0 "0 :; o D.:: STORMWATER WORK SHEET 512412004 PAGE 5 PROJECT NAME OLD CLEARWATER CITY FLATS AND WELLS COURT PROJECT NUMBER 091-001 FILENAME UNDERDRN XLS 5124104 04 07 PM UNDERDRAIN STAGE-DISCHARGE & TIME (PONDS 3 & 4) UNDERDRAIN TOTAL LENGTH " 55 II NO OF RUNS" DIAMETER " 6 In SLOPE " 020 % LOWEST INVERT " 1964 AVERAGE INVERT" 1970 HIGHEST INVERT " 1975 CAPACITY " 783 1I"31hr MANNINGS n " 0015 PERM lABILITY (K) " 540 ftlhr DRAINAGE AREA 2 083 acres 90 754 11"2 17-25 RETENTION" 3781 11"3 DE FAULT VALUES 2050 659 Lmax Lmln WIDTl-l 2310 026 4,345 410 200 100 Lmax Lmln L a~g A' 'q' 'E' H h WATER 'V' MAX MIN AVG I FIL TER INCR 'a' r LAKE TOTAL INCR SURFACE INCR FLOW FLOW FLOW HYD AREA FLOW AVG INCR ELEV HEAD HEAD AREA VOLUME LENGTH LENGTH LENGTH GRAD A"l;<W O"KIA FLOW TIME (NGVD) II II 11"2 1I^3 II II II I" HILa~9 11"2 1I^31hr 1I"3/hr hours 2310 316 4345 410 200 305 103 55 307 026 1,082 295 367 2284 290 3976 410 200 305 095 55 282 026 986 269 366 22 58 264 3508 410 200 305 086 55 257 026 890 244 365 2232 238 3239 410 200 305 078 55 231 026 794 219 363 2206 211 2871 410 200 305 069 55 206 026 698 193 361 2180 185 2502 410 200 305 061 55 181 026 603 168 359 2154 159 2133 410 200 305 052 55 155 026 507 143 355 2128 133 1,765 410 200 305 044 55 130 026 411 117 350 2102 107 1396 410 200 305 035 55 105 026 315 92 342 2076 081 1,028 410 200 305 027 55 79 026 219 67 329 2050 055 659 410 200 305 018 55 54 REQUIRED 1/2" TREAlMENTVOLUME (1I"3) " 3781 TOTAL TIME (hrs) " 2825 PROVIDED TREA lMENT VOLU ME (1I"3) " 6,505 TOTAL TIME (hrs) " 3558 UNDERDRN-PONDS 3 & 4 xis STORMWATER WORK SHEET 5/24/2004 PAGE 5 PROJECT NAME OLD CLEARWATER CITY FLATS AND WELLS COURT PROJECT NUMBER 091-001 FILENAME UNDERDRN XLS 5/24104 04 07 PM UNDERDRAIN STAGE~DISCHARGE & TIME (PONDS 1 & 2) UNDERDRAIN TOTAL LENGTH = 25 fI NO OF RUNS = DIAMETER = 6 m SLOPE = 020 % LOWEST INVERT '" 2020 AVERAGE INVERT = 2023 HIGHEST INVERT = 2025 CAPACITY '" 783 1I^3/hr MANN ING S 'n' '" 0015 PERM lABILITY (K) = 540 ftlhr DRAINAGE AREA = o 704 acres 30,673 fI^2 17 -25 RETENTION '" 1 278 11"3 DEFAU L TV ALU ES 2100 143 Lmax Lmm WIDTH 2420 032 1,704 410 200 100 Lmax Lmm Lavg 'A' 'q' 'E' 'H' 'h WATER V' MAX MIN AVG 'I' FILTER INCR 'Q' T LAKE TOTAL INCR SURFACE INCR FLOW FLOW FLOW HYD AREA FLOW AVG INCR ELEV HEAD HEAD AREA VOLUME LENGTH LENGTH LENGTH GRAD A=LXW Q=KIA FLOW TIME (NGVD) ft ft ftA2 ft^3 ft II II I"'H lLavg 1I^2 II^ 3lhr ft^31hr hours 2420 373 1,704 410 200 305 122 25 165 032 520 158 330 2388 341 1,548 410 200 305 112 25 151 032 470 144 327 2356 309 1392 410 200 305 101 25 137 032 420 129 325 2324 277 1,236 410 200 305 091 25 122 032 370 115 321 2292 245 1,079 410 200 305 080 25 108 032 320 101 317 2260 213 923 410 200 305 070 25 S4 032 270 87 311 2228 181 767 410 200 305 059 25 80 032 220 73 303 2196 149 611 410 200 305 049 25 66 032 171 59 291 2164 117 455 410 200 305 038 25 52 032 121 44 271 2132 084 299 410 200 305 028 25 37 032 71 30 233 2100 052 142 410 200 305 017 25 23 REQUIRED 112" TREA TME NT VOLUME (11"3) = 1,278 TOTAL TIME (hrs) " 2371 PROVIDED TREA TME NT VOLUME (ft^3) '" 2 954 TOTAL TIME (hrs) " 3028 UN DERDRN.PON DS 1 & 2 xis ..J :> (3 ~ ~ w c.. 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(,l (,l 011 iij"iij"'C (,l (,l 1Il QlOl>- ~ is ~ .c.c$! 1Il I'll ~ Ql <ll Ql .I;;;. .I;;;. .I;;;. 1-1-1- Land Use: 230 Residential CondominiumlTownhouse Description Residential condominiums/townhouses are defined as single-family ownership units that have at least one other single-family owned unit within the same bUilding structure Both condominiums and townhouses are Included In this land use Studies that did not Identify whether the condominium/townhouse was a low-rise or a high-rise were Included In this category . ,I I i' [I :1 " I ! i; Additional Data The peak hour of the generator typically cOincides with the peak hour of the adjacent street traffic The sites were surveyed from the mld-1970s to the mld-1990s throughout the Unlled States and Canada , , I , J The number of vehicles and the number of residents have a high correlation with average weekday vehicle trip ends The use at these vanables IS limited, however, because the number of vehicles and residents IS often difficult to obtain or predict The number of dwelling Units IS generally used as the Independent variable of choice because It IS usually readily available, easy to proJect, and has a high correlation with average weekday vehicle trip ends Source Numbers 4,92,94,95,97,100,105,106,114, 168, 186,204,237,253,293,319,320,321,390,412,418 " I I , I. Trip Generation, 6th Edition 360 Institute at Transportation Engineers Reltential Condominium!. ownhouse (230) Average Vehicle Trip Ends vs. On a: Vehicles Weekday, A.M Peak Hour of Generator Number of Studies Average Number of Vehicles DIrectional Distribution 20 343 17% entering, 83% eXiting Trip Generation per Vehicle Average Rate 025 Range of Rates Standard Deviation 012 049 050 Data Plot and Equation 500 ~~ ,- " ""1 '" "0 C W n ~ Ql U E <l> > Ql OJ <<l m > <( II t- " 300 " 200 1 J I ' ~I ~/'(/ x /x o I < , I I I r- ,< x x x o t . 100 200 300 400 500 800 900 1000 1100 1200 1300 1400 150Q 1600 1700 1800 600 700 X'" Number of Vehicles X Actual Data Points Filled Curve - - - - - - Average Rate Fitted Curve Equation Ln(T) = 0 774 Ln(X) .0028 A2 '" 0 87 Trip Generi3t/On, 6th Edition - 382 Institute of Transportation Engineers - ReSidentia~ondornin i urnrr own house (230) 1 I Average Vehicle Trip Ends vs: Dna: Vehicles Weekday, P.M. Peak Hour of Generator Number of Studies Average Number of Vehicles 01 rectlona I 0 I st n butl on 16 399 66% entenng, 34% eXIting Trip Generation per Vehicle Average Rate 031 Range of Rates Standard Deviation 017 066 056 Data Plot and Equation 600 500 J / " " 100 - " " III "'0 c: w a.. ~ Ql U E <Il > <Il 0> (lI Ii; > <:( II I- 400 " " 300 , ,. " 200 x x x o o 100 200 300 400 500 600 700 800 900 1000 1100 1200 1300 1400 1500 1600 1700 1800 x = Number of Vehicles X Actual Data Points Filled Curve - - - - - - Average Rate Fitted Curve Equation T = 0 212(X) + 36965 R2 = 0 91 rnp Generation, 6th Edition 383 Institute of Transportation Engineers ~ ll~ r I , I I i I Residential CondominiumfTownhouse (230) Average Vehicle Trip Ends vs: Dwelling Units On a: Weekday Number of Studies Avg Number of Dwelling Units o I recti anal Dlst nbutlon 53 185 50% entenng, 50% eXiting Trip Generation per Dwelling Unit Average Rate 586 Range of Rates Standard Deviation 1 83 11 79 309 Data Plot and Equation 8000 " 7,000 <n ""0 C W a. ~ m U ..c <ll > m OJ ~ m > <( II I- 5,000 1 50001 4,000 " " " 1000 " " -- x .- , x " 3000 x x 2 000 - x o o 100 200 300 400 500 600 700 800 900 1000 1100 1200 1300 X '" Number of Dwelling Units X Actual Oata POints FlIted Curve - - - - - - Average Aate FIUed Curve Equation Ln(T) = 0 850 Ln(X) + 2564 R2 = 0 83 Trip Generation, 6th Edition 361 Instltute of Transportation Engmeers l_ ~ land Use: 814 Specialty Retail Center Description SpecIalty retail centers are generally small stnp shopping centers that contain a vanety of retail shops and speclallze In quality apparel, hard goods, and services such as real estate offices, dance studiOS, flonsts, and small restaurants Additional Data The sites were surveyed from the late 1970s to the mld.1990s In California, Georgia, and New York Source Numbers 100,304,305,367,423 Tnp GeneratIOn, 6th Edition 1223 Institute of Transportation Engineers l.~ ., Specialty Retail Certr (814 ) Average Vehicle Trip Ends vs: On a: 1000 Sq. Feet Gross Leasable Area Weekday, A.M. Peak Hour of Generator Number of StudIes Average 1000 Sq Feet GLA o I recti ana I Dlstrrb ut Ion 2 104 48% enterrng, 52% eXIting Trip Generation per 1000 Sq. Feet Gross Leasable Area Average Rate Range of Rates Standard DeVIation 641 540 885 Data Plot and Equation Caution - Use Carefully - Small Sample SIze 1000 / 900 -' 800 <Il "tl c: W Cl. ~ 700 Q> '0 E: Q> " > Q> 0> 600 <tI W > <( II I- 500 ~ ~~ x // " / " ,/ / , , x " 400 / ' 300 60 I 70 I 80 I 90 , , 120 I 130 , 140 150 100 110 x == 1000 Sq Feel Gross Leasable Area X Actual Data Points - - - - - - Average Rate FIUed Curve Equation Not given R2 = .... Trip Generation, 6th Edition 1226 Institute of Transportation Engineers ~ ~ Specialty Retail Center (814) Average Vehicle Trip Ends vs: On a. Number of Studies Average 1000 Sq Feet GLA Directional DIstribution 1000 Sq. Feet Gross leasable Area Weekday, P.M. Peak Hour of Generator 2 104 57% entering, 43'% eXiting Trip Generation per 1000 Sq. Feet Gross leasable Area Average Rate Range of Rates Standard Deviation 493 459 575 . Data Plot and Equation 800 700 '" "'C c: W c. ~ Q) U E Q) > Q) en III Qj ~ II I- 600 500 " ,. 400 x ,.' ," ," ,.' 300 I I 80 I 90 60 70 X = 1000 Sq Feet Gross Leasable Area - - - - - - Average Rate X Actual Data Points FItted Curve EquatIOn Not gIven Tflp GeneratJOn, 6th Edition Caution - Use Carefully - Small Sample SIze x " ,.' ," " ,.' ,.- ,.' 100 I 110 l 120 140 150 l 130 R2 = uu 1227 Institute of Transportal1on Engineers -, t 'i i Specialty Retail Center (814) I' , Average Vehicle Trip Ends vs: 1000 Sq. Feet Gross Leasable A'rea , On a. Weekday 1 I I I I I I II Number of Studies Average 1000 Sq Feet GLA Directional Distribution 3 28 50% entering, 50% eXiting I I' Trip Generation per 1000 Sq. Feet Gross Leasable Area Average Rate Range of Rates Standard Deviation 4067 21 30 - 50 94 1370 Data Plot and Equation 2,100 2000 , 1900 1 BOO 1700 <Il 1,600 - -0 t: W 1500 e- ~ 1400 <ll 1) 1300 E <1l > 1200 <1l en ~ 1100 Q.l > ~ 1000 II l- 900 800 700 J 600 500 400 10 Caution. Use Carefulfy - Smalf Sample Size x ~ , " , , ,< " x " -- " x 20 I 30 , 40 50 X = 1000 Sq Feet Gross Leasable Area X Actual Data Points - - - - - - Average Aale Fitted Curve Equation Not given R2 = '11II*** Trip Generation, 6th Edition 1224 t Inshtute of Transportation Engineers J Land Use: 831 Quality Restaurant Description This land use conSists of eating establishments of high quality and with turnover rales usually of at least one hour or longer Generally, quality restaurants do not serve breakfast, some do not serve lunch, all serve dinner Often, the restaurants In this land use are not a cham and reservations are required Hlgh.turnover (slt~down) restaurant (land use 832), last-food restaurant without drive-through window (land use 833), last.food restaurant with dnve-through window (land use 834), fast-food restaurant with drive-through window and no Indoor seating (land use 835). and drinking place (land use 836) are related uses Additional Data Truck trips accounted for approximately 1 to 4 percent of the weekday traffiC The average for the sites that were surveyed was approximately 1 6 percent Vehicle occupancy ranged from 1 59 to 1 98 persons per automobile on an average weekday The average for the sites that were surveyed was approximately 1 78 A Significant number of the studies m thiS land use were conducted pnor to 1980 A study was conducted to test the sensitivity of the older versus newer data It was determmed that there IS no statistically slgmflcant difference between the pre- and post-1980 data, therefore, all of the data pOintS were retamed to maximize the size of the data base The sites were 5uf\leyed from the 1970s to the 19905 throughout the United States Source Numbers 13,73,88,90,98,100,126,172,260,291, 301,338,339, 368,437, 440 Tnp Generation, 6th Edition 1356 Institute of Transportation Engmeers J Quality Restaurant (831 ) Average Vehicle Trip Ends vs: 1000 Sq. Feet Gross Floor Area On a: Weekday, A.M. Peak Hour of Generator Number of Studies Average 1000 Sq Feet GFA Directional Distribution 14 9 82% entering, 18% eXiting Trip Generation per 1000 Sq. Feet Gross Floor Area Average Rate Range of Rates Standard Deviation 557 087 - 1037 379 Data Plot and Equation 120 110 x 100 90 x l/) u c: W 0.. c: I- Q) 11 .c: Q) > Q) Ol ro Qj > <{ II I- " 80 , , " 70 .f' 60 x x " x .' "x' ,f' 50 " x x 40 " 30 " x x 20 x 10 x o 4 ,- 5 I 6 7 I 8 I 9 I 10 I 11 I 12 13 14 I 15 16 X = 1000 Sq Feet Gross Floor Area X Actual Data Points - - - - - - Average Rate FI"ed Curve Equation Not given R2 = .... I/t. I I 1/1 I II 11,'1 II, Tnp GeneratIon, 6th Edition 1360 Institute of Transportation Engineers ~ Quality Restaurant (831 ) , , 111'1 ,I Hi 1111'1 [ ~, 1,:11 lilt I 'rllll [lit 902 3 24 - 15 89 Standard DeviatIon 455 , I ,'[' j I dl II II! ,', I ~ , ' , I' , ! ~ , ' 'I'" I:! 1;11 :, I' , II '[ I: Iii: , I ';:'1 I ~ l ,I I, 'II, ',I Ii 1 , " I I" '" ' I , , " II ' , " I ,11 ; II , Average Vehicle Trip Ends vs: 1000 Sq. Feet Gross Floor Area On a: Weekday, P.M. Peak Hour of Generator Number of Studies Average 1000 Sq, Feet GFA Directional Dlstnbutlon' 16 9 62% entenng, 38% eXIting Trip Generation per 1000 Sq. Feet Gross Floor Area Average Rate Range of Rates Data Plot and Equation 180 J<. 170 , . X 160 - 150 X ~ ~ 140 , I /' - - - ~ /' , u:> 130 " . " ~ , '0 ~ ~ l:: ~ ~ ~ LU ~ ~ 120 " c " , ; . e- /" ~ ~ ~ , , Ql 110 ~ , ~ 13 ,r ~ ..c: - , W 100 ,~~ > ~ , ~ Ql ~ ~ OJ 90 ~ ~ III ~ ~ ~ m ~ ~ ~ ~ 80 , ,c , lIl1 ~ , x x x , ~ II , ~ I- 70 ~ " . - , ~ , , , , x , X 60 ~' " - , ~ - - x ~ x ~ ~ 50 , ~ ~ ~ ~ , ~ ~ 40 X X 30 X 20 I T I I I I I I 4 5 6 7 8 9 10 11 12 13 14 15 16 X=1000Sq Feet Gross Floor Area X Actual Data pOints ------ Average Rate Fitted Curve Equation: Not given R2 = .u. , .. I "llli 1,1 :""(1 Ii" JI,I'il' l.'] )111,11 "I ~ '::1'!1 Tnp GeneratJOn, 6th Edition 1361 Institute of TransportatIon EngIneers ,\ , 'I:!I' 11'1 ,li;II!, Illtll II, "H' ~II~' ~ ,II I~'\' i 1[11 \11\!, ~I[ !l:W' , i~ ~II' IIII" 'nlli I~' ~JI'I ~li /11 '1'1 illl 1,lil ',~I II,!, n'll - -~~I Quality Restaurant (831 ) Average Vehicle Trip Ends vs: 1000 Sq. Feet Gross Floor Area On a: Weekday Number of StudIes: Average 1000 Sq. Feet GFA DIrectional Distribution' 15 9 50% entenng, 50% eXIting Trip Generation per 1000 Sq. Feet Gross Floor Area Average Rate Range of Rates 89 95 33 41 - 139 80 Standard Deviation 3681 Data Plot and Equation 1600 X 1,500 ~ ~ 1,400 , , " ~ , , ~ x ~ , ~ , 1,300 " " " , ~ ~ ~ x ~ ~ ),( , ~ ~ , 1,200 ~ ,.. <Il ~ ~ "'C ~ , l:: , ~ W 1,100 , /' , , c. ~ ,~ ~ ~ , , , c 1,000 c :~ III ~ U ~ , ~ :e ~ " Q) 900 ~ ,,~ > , , Q) ~ ~ Ol X , III 800 " ~ ' " , . ... x , , III ~ > x , ,- <( ~, , 700 II , ~ ~ I- , , ~ X 600 X , , - , ~ ~~~~x , ~ 500 ./ . , - ~ , ,~ ~ ~ 400 ~ X 300 - X , 'X' . 200 l I I r I I I I 4 5 6 7 8 9 10 11 12 13 14 15 16 X = 1000 Sq Feet Gross Floor Area x AClual Data Polnla ------ Average Rata Fitted Curve Equatlon. Not given R2 = -**'" Trip Generation 6th Edition 1357 Institute of Transportation Engineers C ~ W CoverSh eet ~- ORIGfNAL FLD2004-05039 610 S MYRTLE AVE Date Received: OS/26/2004 OLD CLEARWATER CITY FLATS ZONING DISTRICT: C LAND USE: CG ATLAS PAGE: 295B PLANNER OF RECORD: MHR pO/o/l/!7 ~~eq "" Sl"'l'lO oaml~el.llllllOllS <8 I lY) o (Y) ~ 0 Z ~ 0 W J:. 0 ex; Z.~ 5iX 0 ii2L1J (Y) wt;( "" ....... ~l o;t M lD ~J iU c..i z ...= 0 \D Z....IO ........ UJ ~~ :E ::1< a.. (11~ o ~O -l ~ii ~ ~ffi LJ.I m t;( Q 0:::;: 8rr t: -US UJ ~ct III a::: o o r- z =' o ~ .n ~ .... " " " " " 1\ : '" '" 1\ 1\ " " . 1\ " . " '" . . " " " " Ul ; ~ " o ; " : " 1\ " .. . . . " " . " " " " " " " " II " " " " "" " " " " " it " " " " " " " " " " 8 .... 8 1 !t I 1 'a ~ fj 1 ~ It I I . :2 ~ LI1 tJ] t"- o tC t.D ...z .z r1"l 0 0 .. - t'- ...z 0 0 0 0 r1"l dI 0 ~ .": ~ 8 .... :~ r1"l. 1 0 ~ r1"l. ... 0 b g I 0 l~~ !: ! o ~ 'Olf III s~~ ;:s ~ we: J:W >1-0 ~oa:u... 0.;1-00 O ~ reI ~ ~ \\\( I ~ f[-.-----:-- I ~'L..-1~ J D -'r--- t ~ I --I; j ,I J: III 152004 iY P:Jlf\lNiI'IG & r -VELOPMENT ::'E:n'vICES Ci n OF ClE~,RWATER ,*,;')-1 ~ P) NAJ ~ ~ 0 "0 0 ~ <; 0 Q "0 N N j:l., 0 0 ;;i-' , <:> 'D -::r <t') o.ri j:l., l'l.r; '=' ~ r- = 0 <::> ..... o.ri <t') N = N N~ = 0 <:> ~ N <= ...... ::l N~ N -' 5 .... <= '" Eo"! 5 .... ij < Eo"! " < ~ " \Cl t-- ""l:t l.I) o o o o 0"" 0= 0= O~ 0\Q =~ ""l:tll'l == = .. M2 1"""'" eo: ..Q :;t: .... ~ .- <l.l '" <l.l ~ <= Z = ::l <= ~ N < 'D ~ ~ ::l ~ = M '" , ;;. 0 '" ...... " 0 til B ~ = 0 .2 U E. 0 ;: ::c u >.: ~ 0 ~ ii: OJ "0 <= U = r:l .. '>t f-< 0 <= Z ;,; ~ 5 r:l ~ U OJ = ..j 0\ M o <t') o 4- o o N .0 ....J l.1. -; '0 f-< 5 ~ - OJ C ~ '" =: <1.1 E >. ... ~ "0 OJ .. ~ .... OJ " ~ <= ,.. <= z 5 .. t; = <= U <= z E ::l <= u u < <= Z ..:.c = r:l eel .. OJ ~ ~ "0 <= -= -Z :g c:a .... o ~ i:: o '" .. o 0... = ..... ..... i:: '" e >. ... Q., M o M fr ffi ~ 0... o ....J .... ~ .0 ~ >.Q gj o u ~ u o ..c U tJ31 Vf,~ ,IIJ , , IN::J~',, "I, r"lnd r- 1(" \ 11 VUJ 1(, ~ I II II '\ . I... ~w.J ----I?O c ~,.-- -\~ c::;1 ,/" ,'- 1\ e- eL ~J c.J ~.=2 \ c o ~ 9 c... a. m 0) -5 - o 0) E o o "!:~ E 0 L.. a> a> 0.-5 co 0 L.. - .....9(J) - C ttI :Eo"O o:::..-=~ w~- 11..=0 <( :5: c ....co~ Oc- zco= L.. 3: ~.9:J V,ll5..g. :i:iD"O ....oc a> ro L.."O co a> (/) 3: - a> Ul - - > ..cO) I- L.. a> ..c 0,) "" '" 0.. '- o ~ c o ~ a. a. (IJ Ul ..E t- CLWCoverSheet \ . ,~~7/~: j ",=,,/.,' "'-- "T"=><- - :,;;/ fr t l'/~ '4Ik~tliCIo: ~.:\~WArER ... - FLD2004-05039 610 S MYRTLE AVE Date Received: OS/26/2004 OLD CLEARWATER CITY FLATS ZONING DISTRICT: C LAND USE: CG ATLAS PAGE: 295B PLANNER OF RECORD: NOT EN~D PAl D OK. NO :?o3, \ DATE S~ ell !( ::4....:1 0....:1 0ti1 OJZ H E-<Q., oet: Ht... Q.,O ~eIl 00 Hcr; ZO HU ::E:t.J ocr; Cl ~U OH UH OJ ZO HQ., CI ~ UJ[i1 '> -l _ell U;:I ti1....:1 cr;u Z eIlH H .. ~~ ::r: :I:: [,9[,9 ZO HO zcr; H:I:: oet:E-< Eo< ~~ oet: oet: HellO Q.,t.JH C-'cr; ~oet:O OQ.,H H to.. ~z ~ ~ ~ )i o z z ;:I ~ 0 This Instrument Prepared By and to be 11' _ uvd tu ChnstIe S Jones, Esqurre Chnshe S Jones, P A 2964 Kemlwlck Dnve South CleaIWater, Flonda 33761-3316 (727) 799-9594 KEN BURKE, CLERK OF COURT PINELLAS COUNTY FLORIDA INST# 2007161559 0511012007 at 04 36 PM OFF REC BK 15785 PG 1003-1078 Olx::Type CmJDO RECORDfNG $64750 DECLARATION OF CONDOMINIUM of OLD CLEARWATER CITY FLATS CONDOMINIUM KNOW ALL MEN BY THESE PRESENTS, that WELLS COURT DEVELOPMENT, LLC, a Flonda hnuted lIabIlIty company, IS the fee snnple owner of the property more partIcularly descnbed m ExhIbIt "Au attached hereto and made a part hereof by reference, whIch WELLS COURT DEVELOPMENT, LLC, mtends to develop as a two (2) phase condorrumum WELLS COURT DEVELOPMENT, LLC, does hereby subnut to condonumum ownershIp pursuant to the proVlSIOns of Chapter 718, Flonda Statutes (2006), the land and nnprovements thereon and all Improvements hereafter erected thereon, sItuate, lymg and bemg m the County ofPmelIas, State of Flonda, constItutmg Phase One of Old Clearwater City Flats Condonumum, SaId land bemg more \ partIcularly descnbed ill ExhibIt "B" attached hereto and by thIS reference mcorporated herem SaId property shall hereafter be subJect to the folIowmg prov1Slons, restnchons, reservations, covenants, conditions and easements 1 Definitions The followrng words when used m thIS DeclaratIon shall have the followmg meanmgs A "ArtIcles" or "Artlcles ofIncorporatlOn" shall mean the Arttcles ofIncorporatton of the AssoctatIon, as the same may be amended from time to tune B "Assessments" shall mean the share of the funds reqUITed for the payment of Common Expenses of the CondoTIl1D1um, which from time to tune are assessed agaInst the Umt Owners, and all other sums whIch may be assessed agamst a Umt Owner or whIch may be requrred to be paId by a Umt Owner to the ASSOCiation pursuant to thIS DeclaratIOn, the Articles or the Bylaws The term "Assessment" shall mclude regular, annual Assessments (and the mstallment payments thereon) and spectal Assessments C "AsSocIatIon" shall mean Old Clearwater CIty Flats CondomInmm ASSOCiation, Inc , a Flonda corporatIOn not for profit, ItS successors and assigns D "Board of Drrectors" or "Board" shall mean the Board of Drrectors or other representatIve body responsible for admmIstratIOn of the AssoclatlOn E "BUIldmg" shall mean any bUIldmg contamed wlthm the CondorruDlum Property from tIme to tIme as herem provided F "Bylaws" shall mean the Bylaws of the AssocIatIon as the same may be amended from tIme to tIme G "Common Elements" shall meantbat portIon of the CondommmmProperty not mcluded m the Condorrnmum Umts, mcludmg the Lnruted Common Elements, and all other property declared as Common Elements herem and the CondommmmAct, specIficallymcludmg, but not lImIted to (1) Easements through Umts for conduIts, ducts, plumbmg, wmng and other facIlItIes for the fumIslnng of utIlIty servIces and other sefVlces (mcludmg aIr ducts) to the VOlts, Lnruted Common Elements and Common Elements, mcludmg roof drams and pIpe chases, (2) an easement of support and access m every portIOn of the CondomImwn Property whIch contrIbutes to the support of a BUIIdmg or other Improvements, (3) the property and mstalIatIOnsreqUlred for the fUffilshmgofutIhtIesand other servIces (mcludmg aIr ducts) to more than one Umt or to the Common Elements H "Common Expenses" means all expenses of the operation, management, mamtenance, repaIr, and replacement of the Condommmm (mcludmg protectIOn and/or msurance of the Condonnmum Property), the expenses of operatmg the AssocIatiOn, fines leVIed by governmental authonty to the extent allowed by law, and any other expenses properly mcurred by the ASSocIatIOn for the Condommmm, mcludmg accountmg and legal fees and any amounts budgeted for the purpose of fundmg reserve accounts, as more particularly descnbed In thIS Declaration and the EX}lIblts hereto Common expenses may mclude the cost of proVldmg extenmnatmg servIces for the Umts, and may mclude basIC cable teleVisIon and mtemet access charges I "Common Surplus" means the excess of all receIpts of the AsSOCIation, mcludmg, but not lImIted to, A~sessments, rents, profits,and revenues on account of the Common Elements or ASSOCIatIOn Property, If any, over the Common Expenses J "Condommmm" means Old Clearwater CIty Flats COndOITllmum, which IS formed pursuant to thIS DeclaratIon K "CondommtumParcel" means a Umt, together wIth the undIVIded share III the Common EI ements appurtenant to the Urnt, and any LimIted Common Elements as SIgned to the Vmt pursuant to thIS DeclaratIOn 2 L "CondommlUm Act" shall mean Chapter 718 of the Flonda Statutes, as It eXIsts on the date of recordmg of thIS DeclaratIon unless the context specIficallyreqmres that future amendments to the Condommmm Act apply, and all proVIsIons thereof shall apply to thIS CondommIUm, except that thIS DeclaratIOn and the ExhIbIts hereto shall control to the extent that the CondommIUm Act allows such documents to vary the provIsIOns ofthe CondommIUm Act M "CondommIUmProperty" means the lands, leaseholds and personal property that are submItted to condonumum ownershIp pursuant to thIS Declaration and the proVIsIons of Chapter 718, Flomm Statutes, whether or not contIguous, and all Improvements thereon and all easements and nghts appurtenant thereto mtended for use In connection wIth the Condomullum N otwlthstandmg anythmg contamed herem to the contrary, however, the term "CondommlUm Property" shall not mclude any telecommUnIcatIons hnes or eqUlpment owned by a utthty and/or telecommuDlcattons proVIder or other enttty whIch has contracted wIth or has Imposed other legal reqUIrements upon the Developer and/or the AssocIatIOn to provIde a utthtyor telecommUnICatIOns servIce or eqUipment No portIon of the land or Improvements located wlthm proposed Phase Two of the Condornmmm shall be nor shall It be deemed to be mcluded m the term "Condonlllllum Property" unless and untIl Phase Two IS subnutted to condonunIum ownershIp as a part of thIS CondommIUm by appropnate amendment to tIus DeclaratIon N "CondommIUmUmt" or "Umt" means that part of the CondommmmProperty whIch IS subJect to exclusIve ownershIp All Umts In Phase One of the CondornmIWll shall be resIdential Umts, and all Umts m Phase Two of the COndOmInIUm shall be commerCIal Umts o "DeclaratIOn" or "DeclaratIOn of CondomInmm" means the mstrument or Instruments by whIch thIS Condommmm IS created, as they are amended from ttme to tIme P "Developer" shall mean Wells Court Development, LLC, a Flonda hmIted habIhtycompany, and Its successors, grantees, nommees, desIgnees, and asSIgnS, provIded there IS an aSSIgnment of the Developer's nghts and/or oblIgations hereunder to such successor, grantee, nommee, deSIgnee or asSIgn The Developer may asSIgn all or only <portIon of such fIghts and/or oblIgatIOns as to all or only a portion of the COndOmInIUm In the event of any such partIal asSIgnment, the asSIgnee shall have only those nghts and/or oblIgations specIficallyset forth In such assIgnment Any such asSIgnment may be made on a non-exclUSIve basIS In the event any mortgagee of the Developer obtams tItle to all or a portIon of the Condommmffi Property by foreclosure, or deed m heu therrof, such mortgagee shall become the Developer only lfit so elects, by wntten notIce to the Board of Directors, but m any event, such mortgagee may asSIgn ItS nghts as Developer to any thIrd party who acquues tItle to all or a portIon of the Condommmm Property from the mortgagee The term "Developer" shall not mclude any person or entity acqumng title only to one or more Umts, unless the Developer speclficallyassIgns some or all of Its nghts as Developer to such person or entIty 1D accordance WIth thIS Paragraph Q "InstItutIOnal Mortgagee" means any state or federal bank, state or federal savmgs and loan assocIatIOn, saVIngs bank, nattonal bankmg asSOCIation, mortgage company, mstttutIOnalmvestor, mortgage banker, the Federal NatIOnal Mortgage Assoclatton (FNMA), the 3 Federal Home Loan Mortgage CorporatIOn (FHLMC), federal agency (e g , VA or FHA), msurance company, andlor real estate mvestmenttrust or any other sImIlartype of lender generallyrecogmzed as an mstItub.onal-type lender hoIdmg a mortgage on one or more Condonumum Umts The term also mcludes the Developer m the event that It holds a mortgage on a Umt R "LimIted Common Elements" means those Common Elements whIch are reserved for the use of a CondommIUm Urnt or Umts to the exclUSIOn of all others, If any, as shown on the Condommmm Plat or more partIcularly descnbed III Exhlblt'B" attached hereto and made a part hereof by reference S "Member" means the Owner of a fee SImple estate III any Condomlrnum Umt who IS a Member of the AssoclatIon T "Urnt Owner" or "Owner of a Umt" means the record Owner of a fee sunple estate m a CondommlU1TI Umt, whether one or more persons or entItles, but excludes those havmg such mterest merely as secunty for the performance of an oblIgatIOn 2 Name The name by which thiS CondommlUm shall be known and IdentIfied IS Old CleatWater CIty Flats CondommlUm 3 Condominium Plat. Unit Identification and Facilities. \ A A plat of Phase One of the Condommlum,contammg a survey of the land and a plot plan locatmg the Improvemerts thereon and Identlfymg each reSIdentIal Condonumum Umt and the Common Elements m Phase One and theIr relatIve locatIons and ID'Proxnnate dunenslons, IS attached hereto as ExhIbIt" B" and IS recorded m Condomm IUmBook' 4, at Pages ---12...- through ~ mcluslve, PublIc' Records of Pmellas County, Flonda The locattons, dimenSions, descnpnons, Identtficatton, and numbenng or lettenng of the respecttve resldenttal Condomtnmffi Umts III Phase One shall be as descnbed m the plat and any subsequent amendments thereto as heremafter prOVided B The boundanes of the residentIal and commerctal Umts shall mclude all of the spaces and Improvements Iymg wrthm the followmg boundanes ( 1) The upper and lower boundanes shall be the honzontal plane of the undecorated, fimshed ceilIng structural element and floor slab, respectIvely, extended to an mtersectIOn WIth the penmetncal boundanes of the Umt (2) The penmetncal boundanes of the Umt shall be the vertIcal planes of the unfimshed mtenor surface of the walls boundmg the Umt extendmg to mtersectlOTIS With each other and WIth the upper and lower boundanes Where there IS an aperture m any penmetncal boundary, mcludmg, but not hmItedto, wmdows and doors, the VertICal boundary shall be extended 4 at all such places, at nght angles, to the chmenslOnof such aperture, so that the penmetncal boundary at such places shall be comcIdent wIth the extenor unfinIshed surface of such aperture The Umt shall mclude any mtenor or exterIor framework or casmg of such apertures and the door and/or glass located m the aperture (3) The boundanes of each Umt shall not mcludeany of those spaces and Improvements lymg beneath the hOrIzontal plane of the upper and lower boundanes of the Umt and the vertIcal plane of the penmetncal boundanes of the Umt except as expressly proVIded to the contrary herem, and further shall exclude all heatmg, coolmg and plumbmg apparatus, all pIpes, ducts, WIres, and utIhty hnes proVIdmg sefV1ces to a Umt or Umts other than or m adchtIon to the Umt wIthm whIch they are contamed or to the Common Elements The Umt shall not mclude columns, beams or partItIons contnbutmg to the support of the BUIldmgm whtch the Umt IS located Any Items specIfically descnbed m thIS DeclaratIon as Common Elements or Ltmlted Common Elements shall be excluded from the Umts even though they may he wIthm a Umt boundary C In the event that the actual physIcallocatIon of any Umt at any tIme does not precIsely comcIde WIth the CondommIUm Plat and subsequent amendments thereto, the actual physIcallocatlOns shall control over the locatlOns, dImenslOns, and descnptlOns contamed m the COndOmInIUm Plat and subsequent amendments thereto In the event of a total or substantIal destructIOn of any BUIlchng, the locatIons, dImenSIOnS, and descnptIOns of the respectIve Umts as contamed m the CondommIUm Plat and subsequent amendments thereto WIll control D THE CONDOMINIDM IS BEING CREATED AND WILL BE SOLD AS FEE SIMPLE INTERESTS AND NOT AS LEASEHOLD INTERESTS TImeshare estates WIll not be created WIth respect to Umts m any Phase of the CondommIUm E The recreatIonal and other facIhtIes whIch WIll be avaIlable for use by the Owners of reSIdentIal Umts WIll mclude the followmg (1) A clubhouse located m the center of the CondommIUmproject, whIch WIll mclude (a) an exerCIse room contammg gym eqUIpment, WIth approxImate dImenSIOns of fifteen (15) feet by twenty-two (22) feet, and an approXImate capaCIty of four (4) persons at one hme, (b) a men's restroom WIth approxImate dllnenSlOns of fourteen (14) feet by eIght (8) feet, and an approxImate capaCIty of two (2) persons at one tIme, (c) a women's restroom WIth approxImate dImenSIOns of fourteen (14) feet by eIght (8) feet, and an approXImate capaCIty of two (2) persons at one time, (d) a kItchen WIth approXImate dImenSIOns of eIghteen (18) feet by fifteen (15) feet, and an apprOXImate capaCIty of four (4) persons at anyone tIme, and (e) a lobby/sIttmg area WIth approXImate dImenSIOns of forty-seven (47) feet by twenty (20) feet and an approXImate capaCIty of eIghty (80) persons at one tIme (2) An Irregularly shaped swtmmmg pool located m the center of the CondommIUmproject adjacent to the clubhouse, WIth an approXImate chmenslOnofforty-seven (47) feet by twenty-three (23) feet, an approXImate depth rangmg from 3 5 feet at each end to 5 0 feet m the center, and an approxImate capaCIty of twenty-five (25) persons at one hme The surroundmg 5 Irregularly shaped pool deck wIll have an approxImate dImenslOnof SIXty (60) feet by SIXty (60) feet, and an approXImate capaCIty of eIghty (80) persons at one tIme The sWImmmg pool wIll be heated (3) The Developer wIll spend approxImately Ten Thousand Dollars ($10,000 00) to proVlde vanous Items of personal property re1atmgto the clubhouse, pool and related facIhtIes, mcludmg, WIthout lImItatIOn, floor, wall and wmdow coverIngs, furnIture, exerCISe eqUIpment, and decorator Items (all of such Items to be selected and placed III Developer's sole dIscretIon) (4) The Developer presently estimates that constructIon, fimshmg, and eqUIppmg of all of the above-descnbed recreatIonal facIhtes wIll be completed by no later than December 31, 2006 F There WIll be a manager's office m Phase Two, whIch wdl be a Common Element but WhICh shall be exclUSIvely used by the management company and the mdIVIdual members ofthe Board of DIrectors of the AssoclatlOn for the purpose of the operah on, management and mamtenance of the CondommIUm The manager's office wtll not be avaIlable for use by the Umt Owners or theIr famIlIes, guests, mVItees or tenants G There are no other rooms or faCIlItIes to be used by Owners of reSIdentIal Umts m the CondommIUm that WIll not be owned by the Umt Owners or the AssocIation H RECREATIONAL FACILITIES MAY BE EXPANDED OR ADDED WITHduT CONSENT OF UNIT OWNERS OR THE A,SSOCIA TION The Developer, m the Developer's sole dIscretIon, may add other recreatIOnal faCIlItIes not descnbed In thIS Prospectus, although no addItional recreatlOnal facIlItIes are contemplated at thiS tIme However, If such addItIonal recreatIonal facIhtIes are added to the COndOmInIUm by the Developer, there may be an mcrease m the assessments w htch are payable by the Umt Owners to the CondommIUmAssocIatIOn 4 Phase Condominium THIS IS A PHASE CONDOMINIUM. ADDITIONAL LAND AND UNITS MAY BE ADDED TO THIS CONDOMINIUM. BUILDINGS AND UNITS WHICH ARE ADDED TO THE CONDOlVDNlUM MAY BE SUBSTANTIALLY DIFFERENT FROM THE OTHER BUILDINGS AND UNITS IN THE CONDOMINWM. The Developer antiCIpates constructmg tius CondomIlllUm III two (2) phases A Phase One WIll contam three (3) bUIldmgs and a total of forty-eIght (48) reSidentIal Umts and forty-seven (47) two-car Garages, WhICh wIll be LIrmted Common Elements appurtenant to the Umts to WhICh they are asSIgned Two (2) of the buddmgs wIll contam twenty (20) two bedroom/two bath reSIdential Umts, and each such reSIdentIal Umt wIll contam apprOXImately 1,700 square feet of hvmgarea One (1) ofthe buddmgs wIll contam eIght (8) two bedroom/two bath reSIdential Umts, and each such reSIdential Umt WIll contam approxImately 1 ,700 s quare feet of hvmg area Phase One WIll also contam the recreatIonal facIlItIes more partIcularly descnbed below The Developer reserves the rIght to construct the bUIldmgs In Phase One m any 6 order determmed by the Developer m Its sole dIscretIOn B The Developer presently estImates that Phase One wIll be subnutted to the provIsIons of the CondommmmAct, and that constructIOn, fimshmg,and eqUIppmg of the resIdentIal Umts In Phase One (except for mtenor finIshmg of unsold Umts, If any) wIll be completed by no later than December 31, 2006, although the Developer shall be obhgated to complete such constructIOn, fimshmg,and eqUIppmgof any sold Umt wIthm two (2) years after the contract for the sale of each such Umt IS fully executed by the Developer and a purchaser C Upon completIon of Phase One and submIsslonto condomlmumownershtp pursuant to the DeclaratIOn, each reSIdentIal Umt m the CondoTnlmum shall have an unrnvtded percentage share m the ownershIp of the Common Elements and Common Surplus determmed by dIVIdmgthetotal square footage of the Umtbythe total square footage of all of the Umts,combmed The Common Expenses shall beshared by all Umt Owners m accordance WIth the undIVIded share m the ownershIp of the Common Elements and Common Surplus attrtbutableto each Umt submItted to condom1ll1Um ownershIp Each of the forty-eIght (48) reSIdentIal Vmts m Phase One shall be entItled to a percentage vote at ASSOCiatIon meetmgs equal to the undIVIded share m the ownershIp of the Common Elements and Common Surplus attnbutable to the Vmt D The Developer hereby reserves the nght to (1) add one (1) adchtIonal phase (Phase Two) to the Condommlumafter submIsslOnofPhase One, or (n) not add any further phases to the COndOmInI urn, III Developer's sole dIscretIon Accordmgly, m Phase Two, the Developer may alter the Improvements to be made wIthm that Phase, make non-matenal changes m the legal descnptIc)fl of Phase Two, and make other changes as referenced herem If the Developer elects to add the addttIOnal phase, It must be added to the Condommmrnno later than seven (7) years from the date thiS DeclaratIon of CondommIumls orIgmallyrecorded In the Publtc Records of Pmellas County, Flonda BUILDINGS AND UNITS WHICH ARE ADDED TO THE CONDOMINIUM MAY BE SUBSTANTIALL YDIFFERENTFROMTHE OTHER BUILDINGS AND UNITS IN THE CONDOMINIUM. E The Developer antICIpates that Phase Two WIll contam one (1) bUIldmgwIth five (5) Umts, each of whIch shall be conSIdered to be a commerCIal Vmt The total square footage of all five (5) of the commerCIal Umts m Phase Two WIll be approXimately four thousand two hundred forty-two (4,242) square feet The exact square footage of each commercIal Vmt WIll be determmed upon completIOn of each commercIal Umt, as the Developer mtends to allow the mdIvIdual purchasers ofthe commerCIal Umts to determme the exact layout and square footage of the commerCIal Umts There WIll be no resIdenhal bUIldmgs or Umts m Phase Two F The Developer presently estImates that Phase Two wIll be submttted to the proVISIons of the COndOmInIUm Act, and that constructIon, fimshmg, and eqUIppmg of the commercIal Umts in Phase Two WIll be completed by no later than December 31,2006 7 G Upon completIon of Phases One and Two and submIssIon of Phase Two to cOndOmInIUm ownershIp pursuant to thIS DeclaratIon, each resIdential or commercIal Umt In the CondomInlUmshall have an undIVIded percentage share In the ownershIp of the Common Elements and Common Surplus determmed by dIvIdmgthe total square footage of the Umt by the total square footage of all of the resIdentIal and commercIal Umts, combmed The Common Expensesshall be shared by all UmtOwners m accordance WIth the undIvIded share m the ownershIp of the Common Elements and Common Surplus attnbutable to each Umt subnutted to condommmm ownershIp Each of the forty-eIght (48) reSIdential Umts In Phase One and the five (5) commercIal Units III Phase Two shall be entI.tled to a percentage vote at ASSOCIatIOn meetmgs equal to the undIVIded share m the ownershIp of the Common Elements and Common Surplus attnbutable to the Umt However, the Owner of any commercial Umt shall not have the authon ty to veto amendments to thts DeclaratIon of Condommmmor the ArtIcles of IncorporatIOn, Bylaws or rules or regulatIons of the Condommium ASSOCiatIon H Phase One of the CondOmInIUm IS bemg submItted to condommtum ownershIp pursuant to thIS DeclaratIon When Phase Two IS completed and added to the CondommlllIn, the number of Umts III the CondommIUm WIll mcrease and the ownershIp of the Common Elements and Common Surplus attnbutable to each Umt, as well as the oblIgatIon for Common Expenses, will change as mdIcated above ' I The legal descnptIOn of the entrre property whIch may be subrmtted to condOmmIUlTIOWnershIp pursuant to thIS DeclaratIon IS mc1 uded m ExhIbIt" A" attached hereto The 1 egal descnptI on of Phase Two IS attached hereto and made a part hereofby reference as ExhIbIt "C" When Phase Two IS completed, It wIll be subrmtted to condommmm ownershIp by an amendment to thIS DeclaratIon, WhICh amendment need be executed only by the Developer Pursuant to Section 718 403( 1), Flonda Statutes, all phases must be added to the condommIUm WIthIn seven (7) years from the date of recorchng of thiS DeclaratIOn, at the end of which the rIght to add addItIonal phases expIres However, nothIng contamed herem shall be deemed to requITe the Developer to construct Phase Two, to submIt It to condommmm ownership In accordance WIth the terms hereof, nor to reqUIre that Phase Two be constructed or submItted to condommmm ownershIp as a part of tlus CondommIUm In a certamorder or wIthm a certam tIme perlOd dUrIng the seven (7) years from the date of recordIng of thIS Declaration NotwIthstandmg anythmg to the contrary contamed herem, the Developer reserves the nght, pursuant to SectIOn 718 403(2)(a), Flonda Statutes, to make non- matenal changes In the legal descnptIOn of a phase Further, to the maxImUm extent allowed by law, the Developer reserves the nght m Phase Two to move Butldmgs and Improvements wIthm the Phase lmes to accommodate all of the variations that may be Implemented by the Developer, to add or delete BUlldmgs or Improvements, to accommodate changes that the Developer may elect to construct, and to modIfy the plot plan and BUlldmg types to accommodate such changes These changes may be made by the Developer to accommodate what the Developer determmes m the exerCIse of itS absolute dIscretIon to be a more aesthettc or mor appropnate use and bUIldmgsystem for Phase Two J The Developer, m Its sole and absolute dtscretIon, reserves the rIght to add or not to add Phase Two as part of the CondommmmProperty Therefore, notwIthstandmg anythmg 8 contamed m thIS DeclaratIon to the contrary, no portIon of Phase Two shall be affected or encumbered by thIS DeclaratIOn unless and untIl Phase Two IS added to the CondommlUmProperty by amendment to thIS DeclaratIOn and the Condorrnmum Plat recorded In the PublIc Records of Pmellas County, Flonda 5 Chanees in Plans aDd Specifications A Notwlthstandmg anythmgto the contrary contamed herem or m the ArtIcles of IncorporatIOn or Bylaws of the ASSOCIatIOn, the Developer reserves the nght to make changes m the plans and speclficatIonsdunng the constructIOn of the Improvements on the land, so long as such changes do not matenally or adversely affect the CondommlUmProperty The Developer further reserves the nght to change the mtenor deSIgn or arrangement of any or all of the Umts and to alter the boundarIes between U mts as long as the Developer owns the Umt( s) so changed and altered, and proVIded such change shall be reflected by an amendment ofth15 DeclaratIon Any amendment for such purposes need be SIgned and acknowledged only by the Developer and any mortgagee of SaId Un It( s), If any, and shall comply WIth the applI cabl e reqUIrements of the COndOm1TII umAct and tIns DeclaratIOn The Developer further reserves the nght to make aesthetic alteratIons to the extenor of the BUIldmgs whIch, In the Developer's reasonable dtscretIOn, are In the best mterests of the CondommIUm B The Owners of the Umts shall have the nght, at theIr solecost and expense, and subject to the pnor wntten approval of the Board of DIrectors, to alter the boundanes between adjacent Umts, and subdlvIdeor combme Umts, prOVIded that no such change shall be made WIthout an amendment to thIS Declaration SIgned by the Owners of the Umts affected and the InstItutIonal Mortgagees holdIng mortgages on the affected Umts NotwIthstandmg anythmg to the contrary contamed herem, no alteratIOn, subdIVISIon or combmatIon of Umts shall adversely affect the structural mtegnty of the BUIldmgs or any portlOn of the CondommIUm Property, and the Umt Owners effectmg such alteratIon, subchvlSlon or combmatIon shall comply WIth all reqUIrements, regulahons and ordmances of governmental authontIes related thereto, mcludtngbut not lImltedto, complymgwIth zomng regulatIons and obtammg necessary bmldmgpermlts Further, no alteratIon. subdtVIsIonor combmatIOn ofUmts made pursuant to thIS Paragraph shall maten ally alter or modIfy the appurtenances to any Umt or change the proportIOn or percentage by whIch the Owners of the subJectUmts or any other Umts share the Common Expenses and own the Common Surplus unless the Owners of all other Umts approve the amendment at a duly called and notIced meetmg of the membershIp of the ASSOCIatIon 6 Ownership and Sharine of Common Ex-penses. A Upon completIon of Phase One and submISSIon to condommIUm ownershIp pursuant to thIS DeclaratIOn, each reSIdentIal Umt m the Condorrnmum shall have an undIVIded percentage share In the ownershIp of the Common Elements and Common Surplus determmed by dlvIdmgthe total square footage of the Umt by the total square footage of all of the Umts, combmed 9 The Common Expenses shall be shared by all Umt Owners m accordance WIth the undIVIded share In the ownershIp of the Common Elements and Common Surplus attnbutable to each Umt submItted to condormmum ownershIp B Upon completIon of Phases One and Two and submIssIon of Phase Two to condommIUm ownershIp pursuant to thIS DeclaratIon, each resIdentIal or commercIal Umt m the Condommmmshallhave an undIvIded percentage share m the ownershIp of the Common Elements and Common Surplus determmed by dIVIdmgthe total square footage of the Umt by the total square footage of all of the resIdentIal and commercIal Umts, combmed C The Common Expenses shall be shared by all Umt Owners m accordance WIth the undIVIded share m the ownershIp of the Common Elements and Common Surplus attnbutable to each Umt submItted to condommmm ownershIp 7 Common Elements. Any rIght, tItle, or Interest m a Condommmm Umt shall automatIcally carry WIth It as an appurtenance and WIthout neceSSIty of speCIfic reference thereto Its respectIve unchvIded share of the Common Elements and, subject to the proVISIons hereof, a nght to use the Common Elements m conjunctIon WIth the Owners of the other CondommIUm Umts A The Common Elements shall mclude but shall not be hmIted to (1) all of the land descnbed In ExhIbIt "B" attached hereto and all easements appurtenant thereto, (2) all Improvements and parts thereof whIch are not Included WIthIn the boundanes of the respectIve COndOmInIUm Umts, (3) all utIhty chases and all structural beams, columns, and members wIthm a Umt and an easement of support m any portlOn of a Umt whIch contrIbutes to the support of the BUIldmg, (4) all utIlIty areas, Improvements, and mstallatIons and all utIhty sefV1ces whIch are aVaIlableto more than one Umt or to the Common Elements, mcludmgeasements through the Umts necessary to prOVIde s\lch sefYlces, proVIded, however, the Developerreserves the use and ownershtp of all maIn utIhty lmes and eqUIpment, mcludmgwIthout hmItatIonsewer, water, electnc, telephone, surface and subsurface draInage and all central teleVISIon antenna SIgnal dIstnbutIon wues, lmes, and eqUIpmentthat are located wItIDn the boundanes of thts CondommIUmand the nght to convey the same to the ASSOCiatIOn, Pmellas County, Flonda or an agency thereof, the CIty of Clearwater, Flonda, Progress Energy ofFlonda, Inc or other person or legal entIty as Developer may deem appropnate, (5) all means of Ingress and egress not otherwIse deSIgnated as a LImIted Common Element m the CondommIUm Plator ExhIbIt"B" attached hereto and made a part hereof 10 by reference, (6) all electncal apparatus and wmng, pI umbmgpI pes and apparatus, and other ducts, condUIts, cables, WIre or pIpe, whIch are located outsIde the boundarIes of the Umts or whIch, regardless of location, serve more than one Vmt, to the extent the same are not owned by utilIty compames or the Developer or others as descnbed m SubsectIOn (4) above, (7) all tangIble personal property reqUIred for the mamtenance and operatlOn of the COndOmInIUm and for the common use and enjoyment of the Umt Owners, and (8) alterations, addItions, and further Improvements to the Common Elements B Some of the Common Elements are deSIgnated herem as LImIted Common Elements and, as such, are reserved for the exclUSIve use of certam Umts pursuant to the provlSlons of Paragraph 8 of thIS DeclaratIon The remammg Conunon Elements are for the equal and full use and enjoyment of all Umt Owners, whIch usage shall always be m recognItIon of the mutual nghts and responsIbIlttes of each of the Umt Owners All of the Common Elements shall be subject to such restnctIOns as may be contamed herem and to such reasonable and umform rules and regulatIOns as may be duly adopted by the AssocIatlOn Board of DIrectors C NotwIthstanchng anythmg to the contrary contamed heremor m the ArtIcles of IncorporatIon, the Bylaws or the CondommIUm Act, the Common Elements shall not be , mortgaged or conveyed by the ASSOCtatlOn or any other person or entIty WIthOut the J omder of one hundred percent (100%) of the Umt Owners and any mortgagees haVIng a mortgage lIen on anyof the Umts or the Common Elements 8 Limited Common Elements. A The followmg shall be deemed to beLIffiItedCommon Elements, the use of whIch shall be hmItedto and appurtenant to those Umts to WhICh such use IS asSIgned by or pursuant to the proVISIOns of thIS Declaration or the CondommIum Plat attached hereto as ExhIbIt "B" (I) The roof of each reSIdentIal BUIldmg shall be a Ltmlted Common Element appurtenant to the resIdenhal Vmts located wIthm that BUIldmg (2) The extenor walls of each reSIdentIal BUIldmg shall be a Ltmtted Common Element appurtenant to the reSIdentIal Umts located wIthm that BUIldmg (3) The elevator sefVlllg each reSIdentIal BUIldmg shall be a Llmtted Common Element appurtenant to the reSidentIal Umts located wIthm that BUIldmg (4) The forty-seven (47) Garages depIcted on the CondommmmPlat and 11 ExhIbIt "B" attached hereto, all of whIch are ImttallyassIgned to the Developer Each Owner of a UnIt shall have the nght to obtam an asslgnmert of a specIfic Garage from the Developer, for remuneratIOn, as long as Garages are avaIlahlefor asSIgnment The location ofthe assIgned Garage shall be determmed by mutual agreement between the Developer and the Owner obtammg the asSIgnment Such asSIgnment shall occur at the later of (a) the clos1Og of the purchase and sale of the Umt, or (b) upon substantIal completIon of the Garage Once asSIgned, the Garage shall become a LImItedCommon Element appurtenant to the Umt, and the only mannerm WhICh such Garage may be otherwIse transferred or asSIgned shall be m connectIon WIth the transfer of tItle to the UnIt to whIch It 1S appurtenant, and then only to the purchaser of Said Umt Due to the fact that there are forty-seven (47) Garages and forty-eIght (48) reSIdentIal Umts, the ASSOCIatIon and! or the Developer shall asSIgn two (2) parkmg spaces adjacent to the 300 Bmldmgto the Owner of the resldenual Umt whIch does not have a Garage asSIgned to It Such parkmg space asSIgnment shall not be changed WIthout the pnor wntten consent of the Umt to whIch the parkmg spaces are asSIgned (5) Each dnveway from the mtenor road to the front of each Garage In Phase One shall be a Lnn1ted Common Element appurtenant to the Umt to whIch the Garage 18 asSIgned (6) The mtenor road m Phase One (as more partI cularly des cnbed on the Condomlntum Plat and ExhibIt "B" attached hereto) shall be a LImIted Common Element appurtenant to the resIdenhal Umts located m Phase One , (7) The recreatIOnal facIlItIesmore partIcularly des cnbed m Paragraph 3 E hereof arid the area deSIgnated as "RecreatIon Area" on the COndOmInIUm Plat and ExhIbIt "B" attached hereto shall be a LImIted Common Element appurtenant to the reSIdentIal VOltS located m Phase One (8) The roof of the BUIldmgm Phase Two shall be a Ltmlted Common Element appurtenant to the commerCIal Umts located withm that BUIldmg (9) The extenor walls of the BUIldmg m Phase Two shall be a LImlted Common Element appurtenant to the commercial Umts located wIthm that BUlldmg (10) Any elevator servmg the BUIldmg In Phase Two shall be a Lmuted Common Element appurtenant to the commerCIal Umts located wIthm that BUIldmg (11) The parkmg area 10 Phase Two deSIgnated as Parkmg Area "C-l" (more partl cularly des cn bed on the CondommIUm Plat and ExhIbIt "C" attached hereto) shall be a LImIted Common Element appurtenant to commerCIal Umts ---.L, ~ and ~ In Phase Two (12) The parkmg area In Phase Two deSIgnated as Parkmg Area "C-2" (more partIcularly descnhed on the CondommIUmPlat and ExhIbIt "C" a,ttached hereto) shall be a LImIted Common Element appurtenant to commercIal UnIts ~ and ~ In Phase Two 12 (13) The balcony and terrace located m Phase Two shall be Itm1ted common elements appurtenant to any commercIal Umt used as a restaurant (14) Any eqUJpment (mcludmg WIthout Itm1tatIon, freon lmes, arr condIllonmg aIr returns, and electrI cal hookups) compnsmg part of a heatmg! aIr con chti omng system servmg only one Umt whIch IS located outsIde the boundanes of the Umt shall be a Ltmlted Common Element reserved for the exclusIve use of the benefitted Vmt B Except as otherwIse specIficallyproVIded to the contrary m thIS DeclaratIOn, the Owner of a Umt may not make any alteratIOns or Improverrents to any Lumted Common Element appurtenant to the Umt WIthout the pn or wntten consent of the ASSOCIatIOn C The nght of a Umt Owner to use any such Ltmlted Connnon Element shall be an appurtenance to the Umt and shall be encumbered or conveyed as an appurtenance to the Umt WIthout neceSSIty of specIfic reference thereto Such nght may not be separately conveyed, asSIgned or encumbered except as expressly provIded to the contrary herem Such nght shall also run m favor of the Umt Owner's famIly, guests, mVltees, tenants, agents, servants and employees Such nghts shall be subject to all the reStnctIons on use elsewhere set forth herem, mcludmg wlthout lImItatlOn those set forth m Paragraph 16 herembelow Such nghts shall also be subject to any rules and regulatIons promulgated by the ASSOCIatIon D All operatlOn, mamtenance, repaIr and replacementof the LImIted Common Elements and all Improvements constructed thereon shall be the oblIgatIOn of the ASSOCIatIon, provIded, however that the operatIOn, mamtenance, repaIr and replacement of the LImIted Common Element aIr condItIOmngand heatIng eqUIpment as more partIcularlydescnbed m Paragraph 8 A( 14) whIch serves the Owner's Umt shall be the responsIbIhtyof SaId Owner In the event such Owner faIls to operate, mamtam, reparr and replace such Lrrmted Common Element arr condItIonmg and heanng eqUipment, the ASSOCIatIOn shall have the nght, but not the oblIgatIOn, to perform such operatIon, mamtenance, repaIr and replacement as may be necessary, and the cost thereof shall be charged to the respectIve Owner and shall be payablewIthm thIrty (30) days after dehveryof wntten notice of the charge E NotwIthstandmg anythmgto the contrary contamed herem, any and all costs or expenses mcurred by the AssociatIOn WIth respect to the operatIon, mamtenance, reparr and replacement of the LImIted Common Element roofs, exten or walls of B UIldmgs, el evators, Garages, drIveways, mtenor roads, recreatIOnal facIlItIes and recreation area, and parkmg areas and entry, all as more partIcularly descnbed 10 Paragraph 8 A hereof, specrficallymcludmg, but not lImIted to the reserves for capItal expendttures and deferred ma10tenance for such LImIted Common Elements, shall be allocated to and paId by only those Umts to whIch the LImIted Common Elements are appurtenant and who have the exclUSIve use of those LIrmted Common Elements WIth respect to the LImlted Common Element roofs, extenor walls of BUIldmgs, elevators, mtenor roads, recreabonal facIhtIesand recreatIon area, and parkmg areas and entry areas, the costs and expenses allocated to each Umt to whIch such LImIted Common Element IS appurtenant shall be detemllned. by dIvlchng the total square footage of all Umts to WhICh each such LImIted Common Element IS 13 appurtenant by the square footage of the mchvIdual Umt to whIch such LImIted Common Element IS appurtenant 9 Association A The corporation WhICh wIll be responsIble for the operatIon of the CondommIUm WIll be an mcorporated asSOCiatIOn known as Old Clearwater CIty Flats CondommlUm AssocIatIon, Inc, a Flonda corporatIOn not for profit, herem referred to as the ASSOCiatIOn All persons ownmg a vested present mterest In the fee title to any of the Condotnmmffi Umts, WhICh mterest lS eVIdenced by a proper mstrument duly recorded m the Publ1c Records of Pmellas County, Flonda, shall automatically be Members of the ASSOCIation Theu respectIve Memhershtps shall termmate as their vested mterest m the fee tItle temunates, except as otherwIse proVIded m the ArtIcles of Incorporation All of the affairs and property of the Condommmmand of the Ass OCIatlOn shall be con troll ed by the offi cers and Board of DIrectors of the ASSOCiation A copy of the ArtIcles of IncorporatIOn whIch have been or WIll be filed WIth and certIfied by the Secretary of the State of Flonda IS attached hereto as ExhIbIt "D", and the prOVISIons thereof are mcorporated herem by reference The Bylaws governmg the operatIon of the CondommlUm and the ASSOCIation are attached hereto as ExhtbIt" E", and the proVISIons thereof are Incorporated herem by reference The AsSOCIation shall have all ofthe nghts and powers prOVIded by the Condotnmmm Act, the Flondacorporauon statutes, the ArtIcles ofIncorporatIon, the Bylaws, and thIS DeclaratIon B The ASSOCiatIOn shall have the power, subJ ect to the approval of not less than three-fourths (3/4ths) of the votmg mterests of the ASSOCIation, to enter mto agreements, to acqUIre leaseholds, MembershIps and other possessory or use mterests m lands Of factlItIessuch a country clubs, golf courses, mannas and other recreatIonal facilItIes, whether or not the lands or facIlttIesare contIguous to the lands of the Condommmm,Ifthey are Intended to prOVIde enjoyment, recreatlOn, or other use or benefit to the Untt Owners The rental, membershIp fees, operatlOns, replacements and other expenses related to any of the foregomg shall be Common Expenses, and the ASSOCIatIon may promulgate rules and regulatIOns concernIng theIr use In addttlOn, the ASSOCiatIOn shall have the power to operate and mamtarn common property, specIficallY1Ocludtng, WIthout lImItatIon, the swface water management system as permItted by the Southwest Flonda Water Management DIStnct, mcludmg all lakes, retentIon areas, water management areas, dItches, culverts, structures and related appurtenances C N OtwI thstandmgthe ASsocIatIon's duty to mamtaI nand repau certain portIons of the CondommIUm Property, the ASSOCIatIon shall not be lIable to Owners for mJury or damage, other than the cost of maintenance and repair, caused by any latentcondltIon of the CondommIUm Property to be maIntamed and repaired by the ASSOCIatIon, or caused by the el ements Furthermore, m the event that any portlOn of the CondommmmProperty for whIch the Owner has the mamtenance responSIbIlIty under thIS DeclaratIOn, or an Owner's property orpersonal belongmgs, are damaged m the course of the ASSOCiatIOn's mamtenance, repmr,replacement or reconstructIon after casualty to the CondommIUm Property for which the AssocIatIOn has responSIbIlIty, that Owner accepts the full fIsk of loss The only exceptIOn IS for the AssocIation's, or ItS contractor's, gross neghgence or 14 wIllfulmlsconductwhICh causes the loss, m whIch case the ASSOcIatIOn bears the nsk ofloss created by same 10 V otim! Riehts. The Owner of each Umt III the Condommmmshall be entItled to a percentage vote at AssocIatIon meetIngs equal to the undtvIded share III the ownershIp of the Common Elements and Common Surplus attrIbutable to the Umt However, the Owner of any commerCIal Umt shall not have the authonty to veto amendments to the DeclaratIon of Condommmmor the ArtIcles ofIncorporatIOn, Bylaws or rules or regulatIOns of the CondommIUm ASSOCIatIOn 11 Common EXDenSes. The Common Expenses shall mclude A costs of management, operation, mamtenance,repaIr, and replacement of the Common EI ements and such of the LImIted Common Elements as the ASSOCiatIOn 1S oblIgated under the terms hereof to manage, operate, mamtam, repaIr or replace, B costs of management of the CondommlUm and admmIstratIve costs of the ASSOCIatIon, 10cludmg professIOnal fees and expenses, C costs of water and sewer service, electnclty, and other uubtIeswhIch are not metered separately to the mdtVIdual CondommIUm Umts, , D labor, matenals, and supplIes used m conjunctIon With the Common Elements and LImIted Common Elements, E damages to the CondomInIUm Property m excess of Illsurance coverage, speCIfically mcludmg, but not hmIted to, and deductIbles payable by the ASSOCiatIOn, F salary or management fee or other compensatIOn of a manager or managers and theIr asSIstants, as shall be detenmned by the Board of DIrectors of the ASSOCiatIon, G premIUm costs of fire, wmdstorm, flood, and other property and hablhty msurance as prOVIded herem, H ImtIal cost of mstallatIon of addI tIons, alteratIons, or Improvements, or of the purchase of addItIOnal lands, leaseholds, or other possessory or use nghts m lands or facIlIties, or MembershIps or other mterests III recreatIOnal facIlItIes, acqurred for the benefit of all the Umt Owners of thIS Condomm I um, proVI ded that If the cost of any of such I tems IS more than ten percent (1 0%) of the amount of the total annual budget, the purchase or InstallatIOn of such ltems shall first be approved by affirmatIve vote of the Owners ofa majonty of the Umts, I If allowed by law, the cost of a master antenna teleVISIon system or duly 15 franchIsed cable televlSlon servIceobtamed pursuant to a bulk contract, unless the provIder of such servIce charges tbe Umt Owners dtrectly, J all other costs and expenses that may be duly mcurred by the AssocIatIon through Its Board of DIrectors from tIme to tIme m operatmg, protectmg, managmg, and conservmg the Condommmm Property and m carrymg out Its dutIes and responsIbIlItIes as proVIded by the CondommIUm Act, thIS DeclaratIOn, the ArtIcles of IncorporatIOn, and the Bylaws, (mcludmg, WIthout lImitatIon, reasonable transportatIon sefV1ces, msurance for DIrectors and officers, road mamtenance and operatIOn expenses, m-house commumcatIons and secunty sefV1ces, whIch are reasonably related to the general benefit of the Umt Owners, even If such expenses do not attach to the Common Elements or property of the CondommIUm) and any other expense, whether or not mcluded m the foregomg, deSIgnated as a common expenseby the CondommmmAct, the ArtIcles of Incorporation or the Bylaws of the ASSOCIatIOn 12 Maintenance. Repairs. and ReDlacements. The respectIve obhgatIOns of the ASSOCiatIon and the Umt Owners to clean, mamtam, repmr, and replace the CondommlUmProperty shall be as follows A By the ASSOCI ah on. Except as may be otherwIse proVIded by the tenns hereof, the ASSOCIatIon shall have the responSIbIlIty to (1) manage, operate, clean, mamtalO, repaIr and replace all of the Common Elements and LImIted Common Elements as defined herem, (2) clean, mamtam, repaIr and replace all mechanIcal, ventIlatmg, heatmg and au condItIOnIng eqUIpment semng the Common Elements, (3) perform the perIodIc pamtmgofthe outSIde of all Umt front doors, and (4) perform the ordmary perIOdIC cleanIng of the extenor wmdows and screens, but only to the extent that the Board of Directors detenmnes that such wmdows and screens are not readIly acceSSIble from the ground, a hallway or the mtenor of a Umt The washmg of extenor wmdows and screens that are not readIly accessIble shall be done only upon such schedules as the Board of DIrectors may determme m Its sole dIscretIon B The ASSOCIatIon shall have the Irrevocable nght to have access to each Umt from tIme to tIme dunng reasonable hours as may be necessary for the mamtenance, repair, or replacement of any Common Elements therem oraccessIble therefrom, or of any other portIOns of the CondommIUm Property for whIch tbe ASSOCiatIon has mamtenance responSIbIlity The ASSOCiatIon shall also have access to each Umt dunng any hours for performmg such emergency repairs or procedures therem as may be necessary to prevent damage to the Common Elements or to another Umt If the Board of DIrectors determmes that any maintenance, repair, or replacement reqUIred to be made by the ASSOCIatIon was necessItated by the carelessness, neglIgence, or 16 mtentIonal act of a Umt Owner, hIS lessees, mVItees, or guests, the cost of such mamtenance, repaIr, or replacement shall be charged agaInst the Umt Owner and shall be payable by such Umt Owner wIthm thIrty (30) days after dehveryofwntten notIce of the charge NeIther the AsSOCIation nor any Umt Owner shall be hable for any damage to the property or person of any other Umt Owner or occupant caused by water mtruSIOn mto a Umt through the Common Elements or from another Umt resultmg from raIn leakage, pIpe leakage, overflow, or burstmg, or other sImIlar source, unless the AssocIatIon or Umt Owner IS gUIlty of gross neghgence or WIllful and wanton mIsconduct C By the Umt Owners Each Umt Owner shall clean, mamtam, reparr, and replace everytIDng wIthm the confines of lus Umt whIch IS not part of the Common Elements or LImIted Common Elements as defined herem, and whIch IS not otherwIse speCIfied herem as the responsIbIhtyof the ASSOCiation to clean, mamtaIn, repaIr, orreplace, mcludmg but not lImIted to (1) paInt, fimsh, covenng, wallpaper, and decoratIon of the mtenor surfaces of all doors, walls, floors and ceIhngs, (2) all bUIlt-m shelves, cabmets, counters, storage areas, and closets, (3) all refrIgerators, stoves, ovens, chsposals, compactors, dIshwashers, water heaters and other apphances and all bathroom fixtures, eqUIpment, and apparatus, (4) all electncal, plumbmg, telephone, and teleVIsIon fixtures, apparatus, eqUIpment, outlets, SWItches, wIres, pIpes, and condUIts, (5) all mechamcal, venttlatmg, heatmg and aIr condItIonmg eqUIpment, (6) mterIor doors, walls, partItIOns, and room dIVIders and all extenor doors, except the penodIc pamtmg of the outSIde of the front doors of the Umts and garage doors to be performed by the ASSOCIatIon as prOVIded above, (7) all furnIture, furnIshmgs, and personal property contamed wIthm the Umt, (8) allportlOns of the 1Otenorofthe Garage asSIgned to the Owner's Umt, mcluchng the Garage door (exceptmg only extenor pamtmg of the Garage door, WhICh IS the obhgatIOn of the ASSOCIatIon), and any wmdows m the Garage, and (9) all screens, wmdows and other extenor glass and screen surfaces, except the cleanmg and maIntenance of certaIn wmdows and screens to be performed by the ASSOCIatIOn as proVIded above D WIth regard to the LImIted Common Elements, the Umt Owner shall have the responsIbIhtyto clean, maIntaIn, repaIr andreplace the LImIted Common Element aIr condItIomng and heatmg eqUIpment (as more partIcularly descnbed m Paragraph 8 A(14) hereof) whIch serves 17 the Owner's Umt E In the event an Owner falls to fulfill hIS mamtenance obhgatlOns aset forth above, the ASSocIatIOn, at the dIscretIOn of the Board ofDuectors, may undertake such mamtenance and make such repatrs as the Board may deem necessary to prevent damage to the Cormnon Elements or to another Umt or Umts, and the cost thereof shall be charged agamst such defaultmg Umt Owner andshallbe payable wIthm thIrty (30) days after delIvery of wntten notIce of the charge 13 Hazard Insurance. Destruction. and Reconstruction. A Except as otherwIse proVIded herem, the ASSOCiatIon, as agent for and on behalf of the Umt Owners and theIr respectIve mortgagees, shall use ItS best efforts to obtam and. mamtatn fire and extended coverage msurance WIth a responSI bl e msurance company upon all of the Insurable Improvements of the entue CondommlUm, mcludmg the Common Elements and the respectIve Umts and personal property ofthe AssocIatIOn, for the full replacement or Insurablevalue thereof The coverage proVIded by saId msurance shall be m comphance WIth the requrrements of the CondommmmAct and shall mclude all other perIls customanly covered for sImtlar types of projects, mcluchng those covered by a standard "all nsk" endorsement The ASSOCIatIOn shall mamtam flood msurance covenng any BUIldmg and any other property located In a deSIgnated hazard area rn and amount equal to the lesser of (1) one hundred percent (100%) of the current replacement cost of all Bmldmgs and other msurable property located m the flood hazard area, or (2) the maxImum coverage avatlablefor the property under the NatIOnal Flood Insurance Program '\ B To the extent avaIlable, the followmg endorsements shall be reqUIred (1) Agreed Amount and InflatIOn Guard Endorsement, when It can be obtamed, (2) ConstructIOn code endorsements, If there IS a constructIon code prOVISIon that reqUlres changes to undamaged portIOns of the BUlldrngs even when only part of the project IS destroyed by an msured hazard, (3) Stream BOller Coverage Endorsement, provId1Og at least $50,000 00 coverage for each aCCIdent at each locatIon, and (4) SpeCIal CondomInIUm Endorsement provIchng that (a) any msurance trust agreement WIll be recogmzed, (b) the nght of subrogatIOn of agaInst Umt Owners wIllbewatved, ( c) the msurance WIll not be prejudIced byany acts or omISSIOns of mdtVldual Umt Owners that are not under the control of the ASSOCiatIOn, and. 18 (d) the pohcy WIll be pnmary, even lf a Umt Owner has other msurance that covers the same loss C AU msurance polIcIes shall show the AssociatIon as the named msured, for the use and benefit of the mdIvIdualUmt Owners To the extent allowed by thIS DeclaratIon and the CondommIUmAct, the pohcymay speCIfy an authorIzed representatIve of the AssocIatIon, 10cludmg Its msurance trustee, as the named msured The "loss payable" clause shall show the AssocIatIon or the msurance trustee as a trustee for each Umt Owner and the holder of each Umt's mortgage The pohcy shall also contam the standard mortgage clause and shall name as mortgagee any"mstItutIonal mortgagee", as defined herem When a sefV1cer IS named as the mortgagee, ItS name should be followed by the phrase "Its successors and asSIgnS" All Insurance polIcIes shall reqUIre the InSurer to notIfy ill wntmg the ASSOCiatIOn or msurance trustee and each fIrst mortgage holder named m the mortgage clause at least ten (10) days before It cancels or substantIally changes the coverage D The premIUm for all msurance shall be paId by the ASSOCiatIon and shall be mcluded m the assessment for Common Expenses The AssocIatIon shall have full authonty as agent for the msured to compromIse and settle all claIms agamst ItS msurance carner and may mstItute legal proceedmgs for the collectIon thereof The orIgmal pohcy of msurance shall be held by the ASSOCIatIOn, and 1OstItutIonal fIrst mortgagees shall be furnIshed, upon request, mortgagee endorsements covenng theIr respectIve Interests Each Umt Owner shall be responSIble for msunng the personal property wIthm hts UnIt, speCIfically mcludmg,ut not hmIted to wall covenngs, floor covenngs, cetlmgcovenngs and all other personal property or fixtures expressly excluded from the definItIOn of a "bmlchng" m the CondommlUmAct Every msurance polIcy Issued to an mdtVIdual Umt Owner shall prOVIde that the coverage afforded by such pohcy IS excess over the amount recoverable under any other pohcy covenng the same property WIthout nghts of subrogatIOn agaInst the ASSOCiatIon E In the event of a destructIOn or casualty loss to any of the Improvements, all msurance proceeds payable under the AssocIanon's polICIes shall be collected by the ASSOCiatIon Except as proVIded below, the proceeds shall be held by the ASSOCIatIon and used for the Immediate repaIr and reconstructIon of the damaged Improvements under the superVISIon and control of the Board of Duectors Any surplus of msurance proceeds shall be addedto the Common Surplus In the event the proceeds are not suffiCIent to pay the cost of the reconstructIon, the AssocIatlOn shall obtaIn sufficIentaddttIOnal funds by levymga speCIal Assessment on the Owners The ASSOCIatIon's msurance carner shall not have a nght of subrogatIOn agamst any Umt Owner, but If It IS deterrmned by the Board ofDuectors that the damage was proxImately caused by the gross neghgenceorwtllful and wanton mIsconduct or mtentIonalacts of a Umt Owner, such UnIt Owner may be charged a sum sufficIentto reImburse the ASSOCiatIOn for any deductIble or deficIencym msuranceproceeds, whIch sum shall be payable by such Umt Owner wIthm thIrty (30) days after deltvery ofwntten notlceof the charge F NotwIthstandIng the above, In the event of a total or substantIal destructIon of all of the COndOmInIUm Improvements, the Improvements shall be restored as above proVIded unless the Owners of all of the Umts m thIS Condormmum vote to terrnmate thIS Condormmum. 19 "SubstantIal destructIOn" shall mean loss or damage whereby three-fourths (3/4) or more of the total space m the bUIldmg on the CondommIUm Property IS rendered untenantable, or loss or damage whereby seventy~five percent (75%) or more of the total amount of msurance coverage on saId bUlld1Ogbecomes payable The consent ofinshtutlOnal first mortgagees and Developer pursuant to Paragraphs 20 and 21 shall als 0 be necessary to effectuate a termmatIon of the COndOmInIUm m the manner above descnbed In the event the Condommmm IS to be termmated, then all Owners of Umts shall ImmedIately convey all theIr nght, tItle, and mterest m theIr respectIve Umts to a bank trustee selected by the Board of DIrectors, to be held by such trustee In trust The recordmg of each such conveyance to the trustee m the Pubhc Records of Pmellas County, Flonda, wIll have the ImmedIate effect of releasmg all hens upon the respective Umt and shall cause theIr mstantaneous transfer to that Umt Owner's share of the funds to be subsequently dIstnbuted by the trustee as proVIded herem Upon recordmg an mstrument eVldencmg the termmatIon of the Condorrnnmm, the proportIonal share of each Umt Owner In the CondommIUmProperty and, to the extent allowed by law, m all funds dIstnbuted by the trustee as herem proVIded shall be establIshed m accordance With the respectIve values of the Umts pnor to the destructlOn as such values are determmedby three expenenced real estate appraIsers selected by the Board of Directors G The trustee shall collect all msurance proceeds payable as a result of such destructlOn, shall collect all assets of the ASSOCIatIOn WhICh are allocable to the Umts m thIS CondomInIUm and whlch may remam after the ASSOCIatIon pays Its habIlItIes, and shall effect a publIc or pnvate sale of the CondommIUm Property, by whatever means the ASSOCIatIOn Board of DIrectors shall deem best, for the hIghest and best pnce, for cash or terms, as soon as practicable conSIstent WIth local real estate market condItIOns The trustee may make partIal dIstnbutIons of each Umt's share of the funds collected by the trustee at such tImes and ill suchaggregate amounts as the trustee and the ASSOCIatIon Board of DIrectors may deem appropnate In determmmg the amount of any partIal dIstnbutIon, the trustee and the ASSOCIatIon Board of Drrectors shall ensure that sufficIent funds are retamed by the trustee to cover unpaId or antICIpated costs, fees, or other habtlItIesofthe ASSOCiatIOn When the trustee has collected all mSUfance proceeds and all proceeds from the sale of the CondommIUm Property and, to the extent applIcable, the assets of the ASSOCIatIon and has paId all applIcable ASSOCIation habIhtIes and reasonable trustee's fees, appraIser's fees, and other costs reasonably mcurred, the trustee shall make a final dIStnbutIOn of each Umt's share of the remammg funds held by the trustee H Any dIstnbutIon, whether partIal or final, of a Umt's share of the funds held by the trustee shall be made jomtly to the record tItle Owner of the UnIt and the record Owners of any mortgages or other hens encumbenng the Umt at the tIme of the recordmg of the conveyance to the trustee by the Umt Owner All mortgages and other lIens upon the respectIVe Umts shallbe fully released and dIscharged as proVIded herem even though the share of a partIcular Umt m the funds dtstnbuted by the trustee IS msufficIentto pay all hens m full, m such event the henholders who had pnonty agamstthe btleto the Umt shall have pnonty of payment of the Umt's share of such funds Nothmg herem proVIded shall m any way relIeve the Umt Owner of hIS personal lIabIlIty for any defiCIency whIch may remam upon any lIens WhICh encumbered hIS Umt at the tIme of hIS conveyance to the trustee 20 I Mortgagees and other henholderswIll eVIdence theIr acceptance and consent to the foregOIng provIsIons by the acceptance of theIr mortgages or perfection of theIr hens The provIsIons of thIS Paragraph 13 may be enforced by mjUnctIOn, by SUIt for specrfic performance, or by other appropnate remedy upon SUIt filed by the ASSOCiatIon m a court of competent junsdIctlon 14 Liability Insurance. A The ASSOcIatIOn shall obtam and mamtam comprehensIve general pubhc habIlIty msurance CoverIng albf the Common Elements and msunng the AssocIatIOn and the Umt Owners as theIr mterests may appear In such amount as the Board of DIrectors may deem appropnate, proVIded, however, the polIcy should proVIde coverage of at least $1,000,000 00 for bodIly mjury and property damage for a smgle occurrence The habilIty msurance shall proVIde coverage for bodllymjuryand property damage that results from the operatlon, ma10tenanceand use of the Common Elements, and any legal lIabIlIty that results from law SUits related to employment contracts III whIch the As socmtlOn IS a party The po hcy shall proVIde for not less than ten (10) days wn tten notlce to the As socIatIOn before the msurer can cancel or substantIallymodIfy 1 t, and SImIlar notIce shall be gIVen to each holder of a first mortgage on an mdIVIdual Umt m the Condomlntum The premIUms for such msurance coverage shall be a part of the Common Expenses The Board of DIrectors shall have authOrIty to comprotnlSe and settle all claImS agamst the ASSOCIatIon or upon msurance pohcIes held by the ASSOCIation The Umt Owners shall have no personal habIhty upon any such claIms, except as may be otherwIse prOVIded by law, and nothmg herem contamed shall m any way be construed as Imposmg upon the ASSOCiatIon a duty to assess Umt Owners for the purpos,e of raIsmg suffiCIent funds to dIscharge any lIabIlIty m excessof illS urance coverage Each Umt Owner WIll be responsIble for procunng and mamtammg publIc habIhty Insurance covenng losses whIch may occur In and about hIS partIcular Umt, as he may deem appropnate B The AssocIatlon shall obtam and mamtaIn fidelIty bonchng and/or habdIty msurance on behalf of the ASSOCIatIOn's officers, DIrectors and agents, as more partIcularly set forth m the Bylaws of the ASSOCIatIon 15 Condemnation and Eminent Domain A The takmg of any portIOn of the CondommlUmProperty or the ASSOCIatIon Property by condemnatIon or em10ent domam proceedmgs shall be deemed to be a casualty, and the awards for that takmg shall be deemed to be proceeds from msurance on account of casualty and shall be depOSIted WIth the Insurance Trustee Even though the awards may be payable to mdIVIdual U mt Owners, the Umt Owners shall depos It the awards WIth the Insurance Trustee, and m the event of a faIlure to do so, m the dIscretIOn of the ASSOCiatIon, a specIal Assessment shall be made agaInst a defaultmg Umt Owner m the amount of the Owner's award, or the amount of the award shall be set off agamst the sums hereafter descnbed whIch are payable to that Umt Owner B In the event of any condemnatIon or emment domaIn proceedmgs, a meeting 21 of the Members of the ASSOCiatIon shall be called wIthm three (3) days after the takmg of any part of the Condommmm Property or ASSOCIatIOn Property by condemnatIOn or emment domam proceedmgs IS final to determme whether the Condom1OI urn wIll betermmated T ermmatIon of the CondommIWTI shall be effected as prOVIded In Paragraph 25 of thIS DeclaratIOn C If the COndOmInIUm IS termmated after condenmatIon or emment domam proceedmgs, the proceeds of the awards and speCIal Assessments WIll be deemed to be CondommIumProperty and shall be owned and dIstnbuted m the manner proVIded for msurance proceeds If the CondommIUm IS tenmnated after a casualty If the CondommIUm IS not termmated after condemnatIOn or emment domam proceedmgs, the SIze of the CondommtuffiwIll be reduced" the Umt Owners of condemned or taken Umts and/or LImIted Common Elements WIll receIve theIr prorata share of the condemnatIon award apphcableto saId UOlts and/or LImItedCommonElements, and the property damages by the takmg wIll be made useable 10 the manner proVIded below The proceeds of the awards and speCIal Assessment shall be used for these purposes and shall be dIS burs ed m the manner proVIded for dIS burs ement of funds by the Insurance Trustee after a casualty D If the takmg reduces the SIze of a Umt and the remaImng portIon of the Umt can be made tenantable, the award for the taklOg of a portIon of the UOlt shall be used for the followmg purposes In the order stated and the followmg changes shall be effected In the CondommiUm (1) The Umt shall be made tenantable If the cost of the restoratIon exceeds the amount of the award, the addItIonal fund reqUIred shallbe assessed agamst the Owner of the Ulut (2) The balance of the award for that U m t, If any, shall be dIstn buted to the Owner of the Umt and to each mortgagee of the Umt, the remIttance bemg made payable J omtly to the Umt Owner and mortgagees E If the takmg IS of the entIre Umt or so reduces the SIZe of the Umt that It cannot be made tenantable, the award for the takmg of the Umt shall be used for the followmg purposes m the order stated and the followmg changes shall be effected m the CondommIUm (1) The award shall be paId firstJomtlyto the Owner and all InstItutIonal Mortgagees oWnIng and holdmg mortgages encumbenng the affected Umt In an amount not to exceed the sums remaImngdue under saId mortgages, and then to the Owner of the affected Umt up to an amount whIch, when added to the sums paIdJomtly to the InstItutional Mortgagees and the Owner, does not exceed the market value of the UnIt Immechately pnor to the takmg (2) The remammg portIOn of the Umt, If any, shall become part of the Common Elements and shall be placed In condItIon for use by all of the Umt Owners m the manner approved by the Board of DIrectors, proVIded that If the cost of the work shall exceed the balance of the fund from the award for the takmg, the work shall be approved In the matUler elsewhere reqUIred for further Improvement of the Common Elements 22 (3) The shares m the Common Elements appurtenant to the Umts that contmue as part of the CondommIum shall be adjusted to dIstnbute the ownershIp of the Common Elements and Common Surplus so that an equal, prorata share of the Common Elements and Common Surplus IS allocated to each remammg Umt m the CondommIUm (4) If the amount of the award for the takmg IS not sufficIentto make the payments provIded m thIS Subparagraph E and to condItIon the remammgportIOn of the Umt for use as a part of the Common Elements, the adchtIonal funds reqUIre for those purposes shall be raised by Assessments agamst all of the Umt Owners who wtll contmue as Owners of Umts after the changes In the CondomImum effected by the takmg (5) If the market value of a Um t pnor to the takmg cannot be detenmned by agreement between the Umt Owner and the ASSOCiatIon wIthm thIrty (3) days after notice by eIther party to that effect, the value shall be determmed by one (1) MAl appraIser mutually agreed upon by the Umt Owner and the AssocIatIOn, or If the partIes are unable to agree as to an appraiser, the value shallbe determmedas the average of three (3) appraIsals by three such appraisers, one of whom shall be selected by the Umt Owner,one by the AssocIatlOn, and one by agreement between them The cost of such appraIsal or appraisals shall be a Common Expense of the ASSOCIatIon, and shall deducted from the amounts payable to the Umt Owner pursuant to thIS Paragraph F Awards for the takmg of Connnon Elements, Ltm1ted Common Elements and/or ASSOCIatIon Property shall be used to make the remammgportIOn of the Common Elements, LImIted Common Elements and ASSOCIatIon Property useable m the manner approved by the Board of Drrectors, prOVIded that If the cost of the work shall exceed the balance of the funds from the awards after the takmg and after the other payments reqUIred pursuant to thIS Paragraph, the work shall be approved m the manner elsewhere reqUIred for further Improvement of the Common Elements, LIrmted Common Elements and/or ASSOCIatIon Property The balance, If any, of the awards remammg after makmg the remaImng portIon of theCommon Elements, LImIted Common Elements and ASSOCIatIOn Property useable shall be dIstnbuted to the Umt Owners m the share III whIch they own the Common Elements after adjustment of these shares on account of the condemnatIon or emment domain proceedmgs If there IS a mortgage on the Umt, the Umt Owner's share thereof shall be paId J omtly to the Owner and the mortgagee( s) of the U m t G The changes m Umts, Common Elements, LImItedCommon Elements and/or As socIatIon Property and 10 the ownershtp of the Common EI ements and Common Surplus that are effected by a condemnatIOn or takmg shall be eVidenced by an amendment to thIS Declaration of CondommIUm that need be approved only by the Board of DIrectors of the AssocIatlOn 16 Umt shall Restrictions Uvon Use. No Owner, tenant, or other occupant of a Condommmm A use any Umt other than for reSIdentIal purposes for one famdy WIth a maxImum occupancy based upon two (2) persons for each bedroom m the Umt No more than four 23 (4) guests, m adchtlOn to the maxlffium one famtly occupancy, shall be allowed to occupy a Umt at anyone tlffie Any mchVIdual guest may occupy a Umt only when the Owner IS m resIdence, and only for a maxlffium tIme penod ofthtrty (30) consecutIve days wIth a mmImum OfthIrty (30) days between occupancIes No corrnnercIal, professIonal or busmess use of the UOltS, Ltm1ted Common Elements or Common Elements shall be permItted, wIth the exceptIon of any management office and any sales or rental office and models utIlIZed by the Developer and Its employees and agents NotwIthstandmg the foregomg, any busmess that qualIfies as a home occupatIon under applIcable zonmg ordmances shall be permttted m an mdIVIdual Umt, and the busmess of operatmg the ASSOCIation shall not be conSIdered to be a bus mess actiVity tmder thIS Rule 8 do any of the followmgwIthout the pnor wntten consent of the ASSOCIatIon Board of DIrectors pamt, block up, or otherwIse change the appearance of any extenor wall, door, wmdow, screen, balcony, deck or anyextenor surface or Improvement, tInt, color, or otherwIse treat or apply anythmg to any wmdow WhICh WIll adversely affect the umform exterIor appearance of the buIldmg In the OpInIOn of the Board, plant any plantmg outSIde of a Umt, erect any extenor hghts or SIgnS, place any SIgnS or symbolsm wmdows or on any balcony or extenor surface, erect or attach any structural addIbons or alteratIOns to the Umt or to the Common Elements, C permIt loud or objectIOnable nOIses or obnOXIOUS odors to emanate from the Umt or the Common Elements whIch may cause a nUIsance to the occupants of other Umts In the sole opImon of the Board, D make any use of the Umt or Common Elements WhICh VIolates any laws, ordmances, or regulatIOns of any governmental body, E fail to conform to and abIde by the proVISions of thIS DeclaratIon, the AssoclatIon'sArhc1es ofIncorporabon and Bylaws, and such umformrules and regulatIons In regard to the use of the Umts and the Common Elements as may be adopted from time to tIme by the Board of DIrectors, F permIt or suffer anythIng to be done or kept In the Umt or m or on the Common Elements whIch WIll cause damage to, or 10crease msurance rates on, any Umt or the Common Elements, G commIt or permIt any publIc or pnvate TImsance or Illegal act m the Umt or In or on the Common Elements, H chVIde or subdIVIde the Umt for the purpose of sale orlease or for any other purpose, 1 obstruct the common way of Ingress or egress to the other Umts or the Common Elements, J hang any laundry, garments, or unslghtlyobjects from any balcony, deck, or 24 In any place readIly vIsIble from outsIde of the Umt, K allow anythmg to remam m or on the Common Elements whIch would be unsIghtly or hazardous, L allow any rubbIsh, refuse, garbage, or trash to accumulate m places other than the receptacles proVIded therefor, or fail to keep the Umt and the Ltm1ted Connnon Elements appurtenant thereto m a clean and sanItary condItIon at all tImes, M allow any fire or health hazard to eXIst, N mterfere WIth the us e of any area reserved or assIgned as a LImI ted Common Element for the benefit of another Umt or make use of any of the other Common Elements m such a manner as to abndge the equal nghts of the other Umt Owners to theIr use and enjoyment, o lease less than an entIre Umt or lease a Umt for a penod ofless than nmety (90) days, or more than two (2) urnes m any calendar year P park overnIght any connnercIal or recreational vehIcle, such as, WIthout ltm1tatIon, trucks, boats, campers, vans, traIlers, tractors, tractor trailers, motor homes, mobIle homes, or sImllar vehIcles many dnveway, or other parkmg area except InSIde the Garage asSIgned to the Umt, proVIded that the AsSOCiatIon shall have the nght to allow exceptions to thIS rule when It deems appropnate m ItS sole and absolute dIscretIOn All velucles parked m the guest parkmg must be parked wIthm the pamted lmes of each parkmg space No vehicles shall be parked on any part of the condommIUm property except m the Garages or the guest parkmg spaces Cars may be washed only ill the deSIgnated car wash area, If any No vehIcle shall be repaIred at any tIme or ill any locatIon on the Condommmm Property, and non-operatIve vehIcles shall not be stored or kept ill or on any portIon of the condomlnIum property Non-operauve vehIcles may be removed by the ASSOCiatIOn or the management agent at the expense of the owner of such vehIcle, and the owner os such vehIcle shall have no nght of recourse agamst the ASSOcIatlOn or the management agent therefor Q allow any ammals to be kept 10 the Umt other than a maxunum of two (2) small caged bIrds and small manne anImals (e g fish) kept m closed aquanums, and two (2) cats or two (2) dogs or one (1) cat and one (1) dog, and such other pets as the board of dIrectors of the ASSOCIatIon may approve m wntmg, whIch approval may be WIthheld III the sole and absolute dIscretion of the board, proVIded, however, that no dog shall weIgh more than fifty (50) pounds on reachmg ItS full growth NotwIthstandmg the foregomg, III the event any dog weIghs more than fifty (50) pounds upon reachmg ItS full growth, the board of dIrectors of the ASSOCIatIon, m Its sole dIscretion, may allow any such dog In any event, no pit bulls, rottweders, wolf dogs, or other dogs commonly conSIdered to be a VICIOUS breed shall be allowed on the condommIUm property at any tIme No ammals or pets shall be allowed outSIde the Owner's Umt unless kept on a leash at all times No anImals or pets shall be allowed to make unreasonable nOIse whIch mterferes WIth the peaceful enjoyment of other Umts m the condomtnmm Owners of anunals and pets shall keep the 25 Ltm1ted Common Elements, Common Elements and the Umts clean and free of ammal waste at all tImes, and any such waste shall be dIsposed of only tIghtly closed bags m deSIgnated trash receptacles All ammals and pets shall be kept In conforrmty WIth the proVISIOns of thIS DeclaratIon and any further rules and regulatIons promulgated from tIme to hme by the board of drrectors, and faIlure by the Owner to comply herewIth may result In payment for damages or fines or removal of the offendmg anImal(s) or pet(s) at the request of the AssociatIon R mstall any hard fl oonng matefl al such as wood, tIle or VInyl, except that such floonng may be Installed so long as adequate soundproofing matenalIs mstalled beneath such floonng A lTIlmmum SIX (6) pound pad shall be Installed under all carpets In the event of any dIspute, the Board of Drrectors, shall have the nght to determme whether or not soundproofing matenalIs adequate The proVISIons of thIS subparagraph shall not apply to mstallatIOn of floonng matenal by Developer dunng the InItIal constructIon of the CondommIUm 17 Sale. Transfer. Gift. Lease or Occupation of Unit A In recognItIon of the close proXImIty of the Umts and the compact hvmg condItIons WhICh wIllexIst m thIS Condommmm, the mutual utilIzatIOn and shanng of the Common Elements, and the compatIbIlIty and congemalIty whIch must eXIst between the Umt Owners and occupants m order to make an undertakmg of thIS nature satIsfactory and enjoyable for all partIes III mterest, It shall be necessary for the Board of DIrectors of the ASSOCIatIOn, or ItS duly authonzed officer, agent, or cormruttee, to approve m wrItmg all sales, transfers, gIftS, leases, or other occupatIOn of a Umt before such sale, transfer, gIft, lease, or occupatIon shall be valldand effectIve A waIver of thIS proVISIOn or the faIlure to enforce It m any partIcular mstance shall not constItute a waIver of, or estop the ASSOCiation from enforcmg, thIS proVISIon m any other mstance If any person or enhty acqUIres tItle to a Umt by deVIse or mhentance, the nght to occupy or use the Umt shall be subject to the Board's approval In accordance With the proVIsIons of thts Paragraph 17 B Wntten applIcatIOn for approval by the Board of Directors of any sale, transfer, gIft, lease or other occupatIon of a Umt shall con tam such mfonnatIon as may be reqUIred by applIcatIOn forms promulgated by the Board and shall be accompamed by an apphcatIon fee as reqUIred by regulatIOn of the Board Any such apphcatIon fee shall not exceed the maxImum allowed, If any, by the Condomlmum Act C When consldenng such applIcatIon, consIderatIon shall be gIven to the moral character, SOCIal compatIbIlIty, personal habIts, and finanCIal responsIbIhty of the proposed purchaser, transferee, lessee, or other occupant The Board of DIrectors of the ASSOClatlOn shall adopt such rules as It shall deemnecessary and reasonable regardmg the apphcatIon procedure and grounds for demal of any apphcatIOn D In the event a sale, transfer, gIft, lease, or other occupation of a Umt IS dIsapproved, the Umt shall not be so sold, transferred, leased, or otherwIse occupIed 26 E In the event a s ale or transfer IS dlS approved or no actIOn IS taken by the Board or Its dulyauthonzed officers, agent, or COmmlttee wIthm fifteen (15) days after receIpt of SaId applIcatIon (or such other tIme penod as may be set forth m the rules adopted by the Board of DIrectors WIth respect to the sale, transfer, lease or other occupation of a Umt), and the Umt Owner Intends to close notwlthstandmgsuch dIsapproval or mactIon, the Umt Owner shall gIve the Board wntten notIce of such mtent and shall provIde the AssocIatIOn WIth a copy of the sales contract In such event, the ASSOCIatIon or any other Umt Owner shall have a nght of first refusal to purchase the Umt for the IdentIcal pnce, terms, and condItIons, whIch nght shall be exerCIsed m wntmg delIvered to the proposed seller or mailed to hIS address as shown on the AssocIatIOnrecords In the event the ASSOCIatIOlllS of the op1OIOn that tI1e prIce IS not a bona fide sales pnce, then the sales pnce for purposes of the nght of first refusal shall be the fan market value of the Umt detemllned by the average of the values assIgned by the wn tten appraisals of three real estate appraisers, one of whom shall be selected by the AsSOCIatIon, one by the proposed seller, and the thrrd by the first two appraisers The cost of such appraIsals shall be dIVIded between the AssocIatIon and the proposed seller If such nght of first refusal IS exerCIsed by more than one party, pnonty shall be gIven first to the ASSOCIatIOn and then to the Umt Owner who delIvers hIS acceptance before any other Umt Owner If no party exercIses the nght of first refusal by delIvenng or maIlmg hIS acceptance (1) WIthIn fifteen (15) days of the gIvmg of notIce by the Seller to the AssocIahon of Its mtent to close notwIthstandmg the AssocIatIOn's chsapproval or mactIon, or (2) wIthm ten (10) days after the sales pnce IS determmed by appraisal, whIchever IS later, the transfer may be closed pursuant to the pnce and terms stated m the notIce F The ASsocIatIOn shall have the nght to requrre that each tenant depOSIt a secunty 'depOSIt mto an escrow account mamtaIned by the ASSOCIatIon In the event that the AssoclattonreqUIres such a depOSIt such secunty deposIt shall be no more than the eqUIvalentof one month's rent from such lessor Umt Owner's tenant Such depOSIt may be used by the ASSOCIatIon. to pay for reparrs to the Condonumum Property damaged by the tenant WIthm fifteen (15) days after a tenant vacates the premIses, the ASSOCiatIOn shall refund the full secunty depOSIt or gIve wntten notIce to the tenant of any claim made against the depOSIt G The Board of DIrectors shall have the authonty and power, on behalf ofthe ASSOCIatIOn and as agent for the landlord/Owner, to eVIct or eject tenants or other occupants pursuant to the prOVISIOns of Chapter 83, FlondaStatutes, for VIOlatIons of the provlSlons oftlus DeclaratIOn, the ExhIbIts attached hereto or the rules and regulatIons ofthe ASSOCIatIOn, as duly amendedfrom tIme to time, and/or for VIOlatIons of the CondommIUm Act H The foregomg provlSlons shall not be applIcable to conveyances or leasesto or from mstItutlonal first mortgagees or to purchasers at foreclosure sales of mortgages held by InstI- tutlOnal first mortgagees The foregomg proVISIons shall not be applIcable to conveyances to or from Developer 18 Forms ofOwnershio of Units Except as otherwIse proVIded m Paragraphs 17 and 27 18 of thIS DeclaratIOn, there IS no lImItatIon WIth regard to how a Umt may be owned A A Umt may be subject to a lIfe estate, eIther by operatIOn of law or by a voluntary conveyance approved under Paragraph 17 hereof In that event, the lIfe tenant shall be the only ASSOCIatIOn Member for such Umt, and the occupancy of the Umt shall be as If the lIfe tenant was the only Owner The lIfe tenant shall be personally !table for all Assessments and charges agamst the Umt commg due pnor to the temllnatlon of the lIfe estate Thereafter the holders of the remamder mterest shall be personally lIable for all As sessments and charges agamst the Umt commg due followmg termInatIon of the hfe estate and untIl they are no longer record tItle holders of the U mt If there IS more than one (1) ltfe tenant, the lIfe tenants shall be treated as co~Owners B A Umt may be owned by a corporatIon, partnershIp, lImIted partnershIp, hmlted lIabIhty partnershtp, hmIted lIabIhty company or other entIty If approved m the manner proVIded for Paragraph 17 of thIS DeclaratIon ThIS Illtent IS to allow fleXIbdlty m estate, finanCIal or tax plannmg, and not to create CIrcumstances m WhIch the Umt may be used as short-term, tranSIent accommodatlons for several 1OdlvIdualsor famIlIes The approval ofthe entIty pursuant to Paragraph 17 shall be conchtlOned upon deSIgnatIon by the entltyof one (1) natural person to be the pnmary occupant of the Umt, whIch pnmary occupant and other mtended occupants shall also be sub] ect to approval along WIth the entIty Any change m the pnmary occupant shall be treated as a transfer of ownershtp by the entltysubject to the proVISIons of Paragraph 17 OfthlS DeclaratIon NotwIthstanchng the foregomg, thIS Paragraph 18 B shall not apply to Developer C Ifa Umtls owned by a trustee or trustees ofa trust, the trustee or trustees shall be deemed the pnmary occupants Each trustee shall be approved by the Board pursuant to the terms of Paragraph 17 hereof 19 Assessments and Liens. A The Board of DIrectors of the ASSOCiatIon shall approve annual budgets of antIcIpated mcome and expenses for each fiscal year and thereupon shalllevy an annual assessment agamst each Umt based upon Its prop 0111 onate share of the Common Expenses as proVIdedherem Smd annual Assessments shall be collected m the manner prOVIded m the Bylaws B In addItIOn, the Board of DIrectors shall have the power to levy speCIal Assessments agamst the Umt Owners m proportIon to each Umt's share of the Common Expenses, lf necessary to cover unantICIpated expenchtures WhICh may be mcurred dunng the fiscal year C The ASSOCiatIon shall have the remedIes and hens proVIded by the Condo- mmIUmAct WIth respect to unpaid Assessments of any kmd, mcludmga nght to accrued mterest and reasonable attorney's fees mcurred by the AssociatIon mCIdent to the collectIon of an assessment or enforcement of a hen, mcludmg attorney's fees for appellate proceechngs D Assessments collected by or on behalf of the ASSOCIatIon become the 28 AssociatIon's property ImmedIatelyupon receIpt No Owner has the nght to claIm, asSIgn or transfer any mterest therem except as an appurtenant to hIS or her Umt No Owner has the nght to WIthdraw or receI ve chstn buttOn of hIS or her share of the Common Surplus, except as otherwIse prOVided by thIS DeclaratIOn, the CondomImum Act, or Flonda law E A Umt Owner, regardless of tItle has been acqUIred, mcludmg by purchase at a foreclosure sale, or by deed m heu of foreclosure, IS ltablefor all Assessments WhICh come due whIle he or she IS the Umt Owner MultIple Owners are jomtly and severally lIable AddItIonally a Umt Owner IS JOInt and severally ltablewIth the preVIOUS Owner for all unpaid Assessmentsthat come due up to the tIme of transfer of tItle ThIS habIhty IS WIthOut prejudtce to any nght the Owner may have to recover from the prevIOUS Owner the amounts paid by the Owner F The babIhtyfor Assessments may not be aVOIded by waiver of the use or enjoyment of any Common Element, by abandonment of the Umt agamst whIch the Assessments are made, by mterruptIOn m the avatlabIlItyof the Umt or the Common Elements for any reason whatsoever, or by dIssatIsfactIon WIth the ASSOCiatIon and/or Its operatIOn or polICIes G Assessments and mstallments on them whIch are not paid when due bear mterest at the rate of eIghteen percent (18 %) per year or such other maxlmumrate as may be allowed by law, from the due date untIl paid Also, the ASSOCiatIOn may charge an admmIstratIve late fee m add1 t1 on to such mterest, In an amount not to exceed the greater of $25 00 or fi ve percent (5 0%) of each mstallmentof the Assessment for each dehnquent Installment that the payment IS late Any payment receIved by an ASSOCIatIon shall be applied first to any mterest accrued by the AssocmtIon, then to any admmIstratIve late fee, then to any costs and reasonable attorney's fees mcurred m collectIon, and then to the dehnquentassessment The foregomg shall be applIcable notwlthstandmg any restnctlVe endorsement, deSIgnatIOn, or InstructlOn placed on or accompanymg a payment If any payment due to the ASSOCiatIOn IS made by a check that fatls to clear, then the Owner shall be conSIdered to not have made the payment H If the ASSOCiatIOn IS authonzed to approve or dIsapprove a proposed lease of a Umt, the grounds for dtsapproval may mclude, but are not hmIted to, a Umt Owner bemg dehnquent m the payment of an Assessment at the tIme approval IS sought Any lease 0 fa Umt shall be s ubordmate and m fenorto any hen of the AssocIatI on for unpaid Assessments, regardless of when the lease was entered mto I The ASSOCIatIon has a hen on each COndOmInIUm Parcel to secure the payment of Assessments, mcl udmg all accrued mterest and all reasonable costs and attorney's fees mcurred by the AssocmtIOnmcIdentto the collectIOn process Upon full payment, the person makmg the payment IS entItled to a satIsfactIon of hen at such person's reasonable cost and expense J The ASSOCIatIon may brIng an actIon In ItS name to foreclose a hen for Assessments m the manner a mortgage of real property IS foreclosed and may also bnng an actIon to recover a money Judgment for the unpaid Assessments WIthout WaiVIng any claim of hen The ASSOCIatIOn IS entItled to recover ItS reasonable attorney's fees mcurred m eIther a hen foreclosure 29 actIOn or an actIon to recover a money judgment for unpaid Assesslllents If the AsSOcIatIon files a hen foreclosure actIon, the ASSOCiatIon shall be entItled to the appoIntment of a receIver to collect rent for the Umt (1) If the Court In whIch the foreclosure actIOn IS pendmg determmes that the Owner of the Umt IS reqUIred to pay such rent or (2) paid by any tenant or other occupant Such receIver shall be appOInted pursuant to a court order m the foreclosure actIOn If some person other than the ASSOCIatIon acts as the receIver, then the cost of the receIver shall be borne by the non- prevaIlIng party m the foreclosure actIon Homestead shall not be a defense to a hen foreclosure actIOn K WIthm fifteen (15) days after receIvmga wntten request therefor from a Umt Owner, purchaser, or mortgagee, the ASSOCIatIon shall proVIde a certIficate SIgned by an officer or agent of the ASSOCIatIOn statmg all Assessmentsand other moneys owed to the ASSOCIahon by the Umt Owner WIth respect to the CondommIUmParcel Any person other than the Owner who relIes upon such certl ficate shall be protected thereby The ASSOCiatIon may levy an admmIstratIve charge for the Issuance of Said certIficate 20 Certain Riehts of Institutional First Morteaeees. A All InstItutional Mortgagees, or any governmental mstItutIon whIch has msured the loan of the InstItutIOnal Mortgagee, or theIr respectIve SubsIdIanes or affilIates,holdmg first mortgages upon any of the CondommI um Um ts, are for the purposes of thIS Paragraph referred to as "InStitutIonal FIrst Mortgagees" The termmatlOn of the Condotnmmm shall reqUire the wntten consent ofInstItutIonal FIrst Mortgagees holdmg at least one hundred percent (100%) of such first mortgages Subject to the proVISIons ofthe CondommmmAct, any InstItutIonal Frrst Mortgagee that acqUIres tItle to a Umt through mortgage foreclosure or acceptance of a deed m lteu of foreclosure shall be lImIted to the lesser of (1) The Umt's unpaId Common Expenses and regular penodtc Assessments whIch accrued or came due dunng the SIX (6) months tmmedtately precedmg the acqUISItIon of tltle and for whIch payment In full has not been received by the ASSOCIatIOn, or (2) One percent (1 0%) of the ongmal mortgage debt B The proVISIons of Paragraph 20 A (1) and (2) shall not apply unless the InstItutIonal FIrst Mortgagee J Olued the ASSOCIatIon as a defendant m the foreclosure actIon Should the InstltutIOnal FIrst Mortgagee fail to properly Jom the ASSOCIatIon as a defendant m the foreclosure actIOn, the InstItutIonal FIrst Mortgagee shall be jomtly and severally lIable WIth the preVIOUS Owner for all unpaid assessments that came due up to the tlme of transfer of title ThIS ltabIhtyIs WIthout prejUdICe to any nght the InstItutIOnal FlTst Mortgagee may have to recover from the preVIOUS Owner the amounts paid by the InstItutIonal FIrst Mortgagee C NotwIthstandtng anythmgto the contrary contamed herem, any InstItutlonal First Mortgagee acqumngtltleto a Unit through mortgage foreclosure or acceptance of a deed In lIeu 30 of foreclosure IS hable for all assessments whIch come due whIle the InstItutIOnal Frrst Mortgagee IS the Owner of the Umt, and such lIabIlIty may not be aVOIded by the failure to use or enjoy the Umt or any Common Element, or by abandonment of the Umt for whIch the Assessments are made D The ASSOCiatIOn shall makeavaIlableto InstItutIOnal Mortgagees requestIng the same current copIes of the DeclaratIon of CondomIllmm and all ExhIbItS thereto, financIal statements for the Immediately precedmg fiscal year, and the ASSOCiation's offiCial records whIch, pursuant to the Condommmm Act, may be mspected by Owners For the purposes of thIS SectIon 20 D, "available" shall mean ready for mspectlOn, upon wntten request, dunng nonnal busmess hours or under other reasonable CIrcumstances PhotocopIes shall be proVIded at the expense of the person requestmg same E Upon wntten request to the AssOcIatlOn, any InstItutIonal Mortgagee shall be entItled to tImely wntten notIce of (1) Any SIXty (60) day, or longer, delInquency III the payment of an Assessment or charge owed to the ASSOCiatIOn by the Owner of any Umt on WhICh the InstItutIonal Mortgagee holds a mortgage, and any thirty (30) day, or longer, default under any other proVIsIon m the DeclaratIon of CondomImum, the ExhIbItS thereto, the rules promulgated by the AssocIatIon, or the CondommmmAct by the Owner of any Umt on WhICh the InstItutIonal Mortgagee holds a mortgage (2) A lapse, cancellatIOn, or matenal modlficatIOnof any msurancepohcy or fidehty bond maintained by the AssocIatIOn (3) Any condemnatIOn or casualty loss that affects a matenal portIOn of the CondommlUm or any Umt (4) Any proposed actIon that requIres the consent 0 fa specIfied percentage of mortgage holders (5) NotIce of AssoclatlOn meetmgs F Each InstItutIOnal Mortgagee shall specl fi callyhave a complete nght of access to all of the Common Elements for the purpose of mgress and egress to any Umt upon whIch It holds a mortgage Any InstItutIOnall'y1ortgagee shall be entttled to attend meetmgs of the ASSOCIatIOn 21 Certain Riehts of Developer. A The Developer IS Irrevocably empowered, notwtthstanchng anythmg herem to the contrary, to sell, lease or rent Umts owned by It to any person or entIty at terms determmed by the Developer m Its sole and absolute dIscretIon The Developer shall have the nghtto transact on the CondommlUmProperty and AssocIatIon Property any busmess necessary to consummate the 31 sale of Umts, mcludmg, but not hmIted to, the nght to mamtam models, sales and/or constructlon offices or trailers, erect SIgnS, place employees m the offices and traders, use the Common Elements and AssocmtIOn Property, and show unsold Umts In addItIon, and WIthout hmltIngthe generality ofthe foregomg, the Developer shall have the nght to show the Umts It owns, the LImItedCommon Elements appurtenant thereto, If any, the Common Elements and the ASSOCiatIOn Property to prospectIve purchasers and tenants, as well as the rIght to place and mamtam SIgnS and other promotIOnal matenal on the CondommmmProperty and the ASSOCiatIon Property The sales and/or construchon offices or traIlers, SIgnS, and all Items pertaImng to sales shall not be conSIdered Common Elements or ASSOCiatIon Property and shall remain the propertyof the Developer In the event there are unsold Umts, the Developer retams the nght to be the Owner thereof, under the same terms and condItIons as other Owners, save for the nghts contained 10 thIS Paragraph B N otwtthstanchng anythmgto the contrary contamed herem, the Developer and Its deSIgnees shall be exempt from the proVISIons of Paragraph 16 P regardmg parkmg on the CondommmmProperty to the extent that a vehIcleIs engaged m any actlVItyrelatmgto constructIon, mamtenance, or marketmg of Umts C The Developer hereby reserves the nght to elect, remove, and replace from tIme to tIme the Directors of the ASSOCiatIon m accordance WIth the proVISIons of the AsSOCIatIOn's ArtIcles ofIncorporatlOn and Bylaws and Chapter 718, FlondaStatutes, and the rules and regulatIons promulgated pursuant thereto The Developer may terrmnate such nght by relmqUIshmg control of the electIOn of the members of the Board of DIrectors to the Umt Owners at any tIme - 22 Easements Each of the followmg easements IS a covenant runnmg WIth the land of the Condomlmumand notwIthstandmg any of the other proVISIOns of thIS Declaratton, may not be substantIall y amended or revoked m such a way as to unreasonabl e mterfere WI th theIr proper and Intended uses and purposes WIthout the recorded JOinder and cons ent of all of the persons or entItIes benefitted by such easements, and each shall SUfV1ve the tenmnatlOn of the CondommIUm A UtIlIty ServIces There shall be such easements as may be reqUIred for utIlIty services m order to adequately serve the Condommmm Property or any Umt, LIIDlted Common Element, or Common Element, mcludmg, but not Itm1ted to, electncIty, telephone, sewer, water, hghtmg, ImgatIon, dramage, teleVlsIonantenna and cable teleVISIon facdltIes,and electrOnIC secunty facIhtIes However, easements through a Condomtnmm Umt shall be only accordmg to the plans and speCIficatIons for the BUIldmgcontammgthe Umt or as the BUIldmg IS actuallyconstructed, or reconstructed, unless approved m wntmg by the Owner of that Umt A Umt Owner shall do nothmg wIthm or outSIde the Owner's Umt that mterferes WIth or ImpaIrS the uttlIty sefV1ces USIllg these easements the ASSOCIatIon or Its deSIgnee shall have a nght of access to each Umt to mspect same, to main tam , repair or replace the pIpes, WIres, ducts, vents, cables, condUl ts and other utI I tty sefV1ce faCIlitIes and Common Elements contamed m the Umt or elsewhere m the Condomtnmm Property and to remove any Improvements mterfenng WIth or ImpamIE the utIlIty sefV1ces or easements herem reserved, prOVIded such nght of access shall not unreasonablymterfere WIth the Umt Owner's permI tted use of the Umts, and except m the event of an emergency, entry mto any U TIlt shall be 32 made on reasonable notIce to the Owner B Easement of Support Every portIOn of a CondoI1llmum Umt contnbutmg to the support of a BUlldmgor an adjacent Umt shall be burdened WIth art easement of support for the benefit of all Umts In the BUIldmg C Use of Common Elements. The Common Elements and AsSOCiatIon Property shall be, and the same are hereby declared to be, subject to a perpetual non-exclusIve easement m favor of all of the Umt Owners and resIdents of the Condomtmum, and theIr lessees, guests and mVItees, for all proper and normal purposes and for the fUffiIshmgof sefV1ces and facl htIes for whIch the same are reasonably mtended D AIr Space Each Condomtmum Umt shall have an exclUSive easement for the use of the aIr space occupIed by the Umt as It eXISts at any partIcular tIme and as the Umt may lawfully be altered E Encroachments If any portIOn of the Common Elements or Lnruted Common Elements encroaches upon any Umt, If any portIon of a Umt encroaches upon any other Umt or upon any portIOn of the Common Elements or LImIted Common Elements, or If any encroachment shall hereafter occur as a result of (I) constructIon or reconstructIon of any Improvement, (11) settlmg or shIftmg or any Improvement, (111) any adchtIon, alteratIon or reparr to the Common Elements or LImIted Common Elements made by or WIth the consent of the ASSOCiatIon, (IV) any reparr or restoratlOn of any Common Elements or LImIted Common Elements or any Umt after damage by fire or other casualty or any takmg by condemnatIOn or emment domam proceedmgs of all or any portIOn of the Common Elements, LImIted Common Elements or Umts,or (v) any non-purposeful or non-neghgent act of a Umt Owner, then, m any such event a vahd easement shall eXIstfor such encroachment and for the mamtenance and reparr of same for so long as such Improvements shall stand Such easements shall eXIst to a diStance of not more than thee (3) feet as measured from any common boundary between adjacent Umts and between each Umt and any adjacent Connnon Element or LImIted Common Element along a ImeperpendIcular to such boundanes at such pomts Any such easement for encroachment shall mcl ude an easement for the mamtenance, repair and use of the encroachmg Improvements 10 favor of the affected Umt Owners and the AssocIatlOn F Overhane:me:Troue:hs and Gutters There shall be easements for overhangmg troughs or gutters, downspouts, and the dIscharge therefrom of ramwater and the subsequent flow thereof over the Umts, the Common Elements, and the LImIted Common Elements G Natural Growth There shall be easements for overhangmg natural growth of trees and shrubbery over the Umts, the Common Elements and the LImIted Common Elements H Pedestnan Traffic There shall be easements for pedestnan traffic over, through and across Sidewalks, paths, lanes, hallways and walks as thesame may from tIme to tIme eXIst upon the Common Elements and CondommmmProperty and be mtended for such purposes, and for pedestnan and vehIculartraffic and park10g over, through, across and upon such portIOns of 33 the Common Elements and the CondommIUm Property as may from ttme to tIme be paved and mtended for such purposes, the same bemg for the use and benefit of the ASSocIatIon and the Umt Owners and resIdents of the CondommIUm,and theIr respective agents, employees,servants, lessees, guests and mVItees I Developer's Ingress and Egress In addItIon to the foregomg, the Developer, for Itself, and Its successors, asSlgnS, agents, contractors, employees, guests and mVItees, mcludmg, WIthout l1mItatIon, any person occupymg the property more partIcularly descnbed m ExhIbIt "A" attached hereto, expressly reserves an easement for mgress and egress over and across all roads eXIstmg from tIme to tune wIthm the property more partIcularly descnbed m ExhIbIt "A" attached hereto, whether such roads are ultImately wIthm or outSIde the CondomInIUm J AddItIOnal Develooment (1) Inasmuch as thts CondommIUmIs a multI-phase condommmm, the Developer, for ltself and Its successors, deSIgnees, nommees, grantees and asSIgns, does hereby reserve easements for mgress and egress over and across all roads and mgress and egress parcels eXIstmg from tIme to tIme wIthm the property more particularly descnbed m ExhibIt "A" attached hereto, as well as easements for utIhtIes, mcludmg but not lnmted to those necessary to prOVIde electncIty, telephone, water, sewer, hghtmg facihtIes, lITIgatIon, dramage, teleVISIon receptIon faclhties,secunty services, and other factlItIesm connectIon thereWIth The Developer, for Itself and ItS successors, deSIgnees, nommees and asSIgnS reserves the nght to Impose on the Common Elements and the CondommIUm Property such other easements and cross easements for any ofthe foregomg purposes as It deems to be m the best mterest of and necessary and proper for the first phase of thIS CondommIUm,and subsequent phases, and any other development of the property more partIcularly descnbed m ExhIbIt "AU attached hereto (2) Although the Developer mtends to construct and submtt to condommIUm ownershIp the subsequent phase of the COndOmInIUm as descnbed herem, the Developer shall have no obhgatIon to do so and hereby reserves the rIght to Itselfand Its successors, deSIgnees, nommees and asSIgnS to develop, construct, sell and convey, eIther as condommIuIlliDr any other form of ownershIp, that portIOn of the property more partlcularlydescnbed m ExhtbIt "A" attached hereto and made a part hereof by reference whIch has not been submttted to the condommIUm form of ownershIp as a part of Old Clearwater CIty Flats CondommIUm, all WIthout the jomder or consent of any Umt Owner, the holders of any hens or mortgages encumbenng any Umt, the ASSOCIatIon, or any of ItS Members (3) The Developer, for Itself and ItS success ors, deSIgnees, nommees and asSIgnS, hereby reserves easements over and across aU the property more partIcularly descnbed m ExhIbIt "A" attached hereto over any roads constructed for mgress, egress and regress, and further reserves easements for utilItIes, mcludmgbut not lImIted to those necessary to proVIde water, sewer, lIghtmg facIhtIes, lmgatlon, dramage, televlSlon receptIOn facIhtIes, secunty servIces and other facIhties m connectIon thereWIth 34 K Grant of AddItIonal Easements, ModI ficatlOnand T ermmatIon the Developer (so long as t t owns any Um ts) and the AssoclatlOn, on theIr behalf and on behalf of all Um t Owners, shall each have the nght to (I) grant and declare addt tIonal easements over, upon, under and/or across the Common Elements and CondommIUmProperty m favor of the Umt Owners and reSIdents of the CondomImumand theIr lessees, guests and mVltees, or III favor of any other person, entIty, publIc or quasI-pubhc authonty or utIlIty company, or(ll) modIfy, relocate, abandon or termmate eXIstmg easements wIthm or outsIde the CondommIUm m favor of the AssocIatlOn and/or the Umt Owners and reSIdents of the CondommIUm and theIr lessees, guests or mVItees, or m favor of any person, entIty, publtc or quasI-pubhc authorIty or utIlIty company, as the Developer or the AssocIatlOn may deem deSIrable or appropnate for the property operatIon and mamtenance of the Condom1OlUrn, or any portlOn thereof, or for the health, safety or welfare of the Umt Owners, or for any other reason or purpose So long as such adcbtIonal easements, or the modIficatIon, relocatIon or abandonment of eXIstmg easements WIll not unreasonably and adversely mterfere WIth the use of Umt for reSIdentIal purposes, no JOInder of any UmtOwner or any mortgagee of any Umt shall be requIred If same would unreasonably and adversely mterfere WIth the use of any Umt for reSIdentIal purposes, only the jomder of the Umt Owners and the mortgagees of Umts so affected shall be reqUIred To the extent reqUIred by law, all Umt Owners hereby Irrevocably appomt the Developer and/or the AssocIatIOn as theIr attorney-m-fact for the foregomg purposes L Water RetentIOn Areas There IS hereby granted to each mdIVIdual and/or entIty responSIble for ma10tenance of the water retentIOn areas located on or adjacent to the CondommI urn Property a perpetual, nonexclusIve eas ernent onto the COndOmITIl umProperty for the purpose of proVIdmg such mamtenance M Should the mtended creation of any easement contemplated hereby faIl by reason of the fact that at the tIme of creatIOn there may be no grantee m bemg haVlng the capacIty to take and hold such easement, then any such grant of easement deemed not to be so created shall nevertheless be consIdered as haVlng been granted dIrectly to the CondommmmAssocIahon for the purpose of allow1Og the party or partIes to whom the easements were ongmally granted the benefit of such easement and the Umt Owners deSIgnate the Developer and/or the ASSOCiatIOn as theIr lawful attorney-m-fact to execute any mstrument on theIr behalf as may hereafter be reqUired or deemed necessary for the purpose of creating such easement 23 Manaeement Aereement. The AssocIatIOn, actmg through ItS Board of DIrectors, IS authonzed to enter mto an agreement WIth any person or legal entIty, mcludmg Developer or an affi I tatedcompany of Developer, to act as managmg agent to handle the adm10IstratIveaffaIrs of the AssocIatIOn and the mamtenance ofthe CondomImumupon such terms and condItIons as the Board may deem to be m the best mterests of the CondornImum and the Umt Owners The Board of DIrectors shall, however, retam at all tImes the power to adopt budgets, levy Assessments, promulgate rules, and otherwIse determme matters of a non- mmIstenal character 35 24 Remedies for Default. A In adchtIOn to the remedIes proVIded by statute and common law and the remedtes elsewhere provIded herem, a default by the Owner, tenant, or occupant of any Umt m complymg WIth the proVIsIons and reqUIrements of the CondommIUm Act, thIS DeclaratIon, the ArtIcles of IncorporatIOn, the By laws, and such regulatIOns and rules as may be promul gated by the AssocIatlOn Board of DIrectors shall entItle the AssocIatIOn to the remeches set forthm the Bylaws of the AssocIatIon Each Umt Owner IS empowered to enforce thIS DeclaratIon as more partIcularly prOVIded m the CondommIUm Act B Any mandatory procedures regardtng the non-bmdmgarbItratIOn of dIsputes set forth m the Condormmum Act, as amended from tIme to tune, and the applIcable rules and regulatIOns promulgated by the DIVISIon of Flonda Land Sales, CondommIumsand MobIle Homes, shall be followed 25 Termination The CondommIUm Property may be removed from the prOVlSIons of thIS DeclaratIon, and the Condommmm thereby terrrunated, at any tIme by affirmatIve vote of the Owners of mnety percent (90%) of the Umts m thIS Condommmm AdchtIonally, the consent of InstItutIOnal FIrst Mortgagees and the Developer, as a Umt Owner, shall be requrred The termmahon of the Condommmm by such actIon shall be eVIdenced by an mstrument to that effect SIgned by the preSIdent or a VIce preSIdent and secretary of the ASSOCiatIOn WIth the formahties of a deed and duly recorded m the Pubhc Records of Pmellas County, Flonda In the event of termmation, the nghts of owners of mortgages or other hens and the procedure for II qm datI on of the Condommmm assets as proVIded m Paragraphs 14 and 15 above WI th respect to total or substantIal destructIon or takmg shall apply and shallbe under the supervlSlonand control of the bankmgtrustee selected by the Board of DIrectors of the ASSOCIatIOn 26 Amendments A The power to modify or amend thIS Declaration may be exercIsed by the Board and the Members of the AssoCiation If notIce of the proposed change IS gIven m the notIce of the meetmgs of the Board and the ASSOCIatIon at WhICh the vote upon the proposed amendment IS to be taken An amendment may be proposed eIther by the Board or by not fewer than twenty percent (20%) of the votmg mterests Unless otherwIse proVIded herem, the resolutIOn adoptmga proposed amendment must bear the approval of not fewer than three-fourths (3/4ths) of all votmg mterests B An amendment, other than amendments made by Developer, shall be eVIdenced by a certdicate of the ASSOCIatIon whIch shall mclude the recordmg data IdenttfYmg the DeclaratIon and shall be executed by the proper officers of the ASSOCIation m the form reqUIred for the executlOn of a deed Amendments by Developerffiust be eVldencedm wntmg, but a certIficate of the ASSOCIatIOn IS not reqUIred Any amendment shall be effectIve when properly recorded m the 36 "\ PublIc Records ofPmeUas County, Flonda C If It appears that through a scnvener's error any word has been mIsspelled,or any reference to any document or the Flonda Statutes or any portIon thereof IS mcorrect, or some error or omISSIon has been made, or a Umt has not been deSIgnated as ownmg an appropnate unchVIded share of the Common Elements or does not bear an appropnate share of the Common Expenses, or that all of the Common Expenses or mterest m Common Surplus or all of the Common Elements have not been dtstnbuted m thIS Declaration such that the sum total of the shares of Common Elements WhICh have been chstnbuted or the sum total of shares of the Common Expenses or ownershIp of the CommonSurplusfatlsto equal one hundred percent (100%), or Ifmore than one hundred percent (100%) of Common Elements or Common Expenses or ownerslup of the Common Surplus shall have been dIstnbuted, the error may be corrected by filmg an amendment to thIS DeclaratIOn approved by the Board or by a maJonty of the votmg mterests D Except as expressly prohIbIted by the terms hereof or by the Condonumum Act, the Developer shall have the nght and Irrevocable power to amend thIS DeclaratIOn as It deems necessary or deSIrable from trme to tIme, mcludmgwIthout hmItatlOnm order (a) to IdentIfy, locate, and mdIcatethe dlmenslOnsof any Umts whIch are not certIfied as bemg completed on the surveyor's certIficatIon recorded m the Pubhc Records ofPmellasCounty for the purpose of proVIdmg surveyor certIficates of completIOn for such Umts as requIred bylaw, (b) to correct any errors or omISSIons m the DeclaratIon or any exhIbIts hereto, (c) to make thIS DeclaratIon comply wIth the reqUIrements of any statutory provlSlons or any state or federal laws, rules or regulations, or (d) to gam the DeclaratIon's acceptance or approval by any mstItutIonallender or msurer Any such amendment shall be executed by Developer, and the J omder or further cons en t of the ASSOCiatIOn, m dIVI dual Umt Owners or holders of recorded hens or other 10terests therem, mc1uchng Institutional fIrst mortgagees, shall not be reqUIred E So long as Developer holds Umts III thIS CondommIumfor sale III the ordmary course of busmess, thIS DeclaratIOn shall not be amended m any manner whatsoever whIch would be detnmental to the s ale of Um ts by Developer, except WI th the pnor wn rten consent of Developer F No amendment of the DeclaratIOn shall III any manner Impmr the secunty of an mstItutIonal mortgagee havmg a mortgage or other hen agmnst one or more Umts G Any amendment of these documents which would affect the surface water management system, mcludmgthe water management portIOns of the common areas, must have the pnor wntten approval of the Southwest Flonda Water Management DIStrIct 27 Priorities in Case of Conflict In the event of conflIct between or among the prOVISIons of any of the followmg, the order of pnontIes shall be from hIghest pnonty to lowest The CondommIUm Act The Statutes of the State of FlOrIda that apply to not-for-profit corporatIons Other Statutes of the State of Flonda that apply 37 ThIS DeclaratIOn, as amended from tlme to tIme The ArtIcles of Incorporatlon of the ASSOCiatIon, as amended from tIme to tlme The Bylaws of the AssocIatlon, as amended from tlme to tlme The Rules promulgated by the Board of DIrectors, as amended from tIme to tIme 28 Bindine: Effect. All proVIsIons of thIS DeclaratIOn and the ExhIbItS attached hereto shall be enforceable as eqUItable servItudes and shall run WIth the land and shall be In full forcand effect untIl a partIcular proVIsIon IS duly amended or untIl thIS Declaration IS duly revoked and termmated Every Umt Owner and clatmant of the Condommmm Property or any part thereof Of mterest therem, and Its or hIS heIrs, successors, asSIgnS, lessees, and legal or personal representatives shall be bound by the proVIsIons of thIS DeclaratIon and the ExhIbItS attached hereto as duly amended from trrne to trrne Each Owner, by reason of havmg acqUired ownershIp (whether by purchase, gIft, operatlOn of law, or otherwIse), and each tenant, occupant and guest of a Umt, shall be deemed to have acknowledged and agreed that II of the proVISIOns of thIS DeclaratIon and the ExhIbIts attached hereto are fau and reasonable 10 all materIal respects Any gender used herem shall mclude all genders and legal entitles, and the plural number shall mclude the smgular and the smgular shall mcludet:he plural CaptIons are Inserted only as a matter of convenIence and for ease of reference and m no way define or ltmIt any proVISIOn hereof 29 Severability If any proVISIOn of thIS DeclaratIon, the ArtIcles of IncorporatIOn, or the Bylaws or any section, sentence, clause, phrase or word thereof, or the applIcatIOn thereof many cIfcurmfance, IS held mvalId by a court of competent JUnsdIctlOn, the valIchty of the remamder of such mstruments and of the applIcatIOn thereof m other CIrcumstances shall not be affected thereby In the event any court should hereafter determme that any proVISIOn as ongmally drafted herem VIolates the rule agamst perpetUItIes or any other rule of law because of the duratIOn of the penod mvolved, the penod speCIfied herem shall not thereby become mvalId, but mstead shall be reduced to the maxImumpenod allowed under such rule of law and for such purposes the measurmg hves shall be those of the Incorporators of the ASSOCiatIOn 30 No Implied Waiver The faIlure of the ASSOCiatIon or the Developer to object to a faIlure by anyone to comply WIth any proVISIon of thIS DeclaratIOn or anyofthe other documents govemmg the COndOmInIUm shall m no event be deemed a waIvelOf the nght to obJ ect to such or any other SImIlar fmlure and to seek complIance In accordance WIth the applIcable document The proVISIOns of thIS DeclaratIon and the ExhIbIts attached hereto shall be lIberally construed to effectuate ItS purpose of creatmg a umform plan for the operatIOn of a condommmmm accordance WIth the proVISIOns of Chapter 718, Flonda Statutes, as It eXIsts on the date hereof 31 Developer as So Ie Beneficiarv arc ondomin ium Documents N otwIthstandmg any prOVISIon or language ill thIS Declaration of Condommmm, the ArtIcles of IncorporatIon, Bylaws or Rules of the ASSOCIation, or In any other document or mstrumentto the contrary, the legal counsel 38 of the Developer prepared thIS DeclaratIOn of CondommIUm, the ArtIcles of IncorporatIOn, the Bylaws, the InItIal Rules of the AssocIatIon and other documents and mstruffients related to the creatIOn, marketmg and sale of the CondommIUm solely for the benefit of Its chent, the Developer, and not for the benefit of any thtrd partIes of any nature whatsoever Therefore, no thrrd party, mcludmg, WIthout hmltabon, the Owners ofUmts or the ASSOCiatIOn, may claim that such party was an 10tended thIrd-party beneficIary of the servIces of saId counsel ffi WI~ ~REOF, Developerhas caused thIS DeclaratIOn to be executed mIts name thIS l.[tEday 0'F' 200 ..., SIgned, sealed and dehvered m the presence of -jt.u6 OJ~ ature of WItness I/tJLANDf f. UJALL 5 Prf~~Wllness SI~OfWI~ WELLS COURT DEVELOPMENT, LLC, a Flonda lImIted habIlIty company By L!1I/2I-s.rlE 1. ..:MN'€S Pnnted Name of WItness STATE OF FLORIDA ) COUNTY OF PlNELLAS ) The foregomg mstrument was acknowledged before me, a notary pubhc authonzed to take acknowledgements m the State and County set forth above, by F BLAKE LONGACRE as the duly authonzed ManagIllg Member of WELLS COURT DEVELOPMENT, LLC, a Flonda hmtted habIhtycompany, who IS personally known to me, and who (chd)(dtd not} take an oath, and who acknowledged to and before me that he executed Said mstrument as the duly authonzed Managmg Member of Said hmIted habIl1ty company for the purposes therem expressed (SEAL) W~~~ Christie S. Jones :.! i.: CommISSK)rl' OD298574 . '. M' . ~ ExpIres June " 2008 'Ii... ' BondIdlftJr,., '""'-. hi. IICIlo3ll6-J019 ,2007 WITNESS my hand and offiCIal seal thls~a of tJlRI'1J/7€ ~. ...:JONes PrInted Name of Notary PublIc CommISSIOn Number My CommISSIOn Expires 39 JOINDER OF ASSOCIATION OLD CLEARWATER CITY FLATS CONDOMINIUM ASSOCIATION, INC , a Flonda corporatIOn not for profit, hereby J oms m and consents to the foregomg Decl arat:Ion of CondommIUm and hereby agrees to the proVIsIOns thereof and the obltgatIOns Impos edupon the corporatIOn therem IN WlTNESS WHEREOF, the corporatlOn has caused thtSJomderto be executed Illlts name ~onzed officer and caused .ts corporate seal to be hereunto affixed thIS Kaday of_ ,200 "1 SIgned, sealed and delIvered m the presence of OLD CLEARWATER CITY FLATS COUNTY CONDOMINIUM ASSOCIATION, INC , a Flonda corporatIon not for profit s/=fwe~ ~t~ND~ F L1J~lL5 P ted Name of WItness ~iJ~ SIgnature of WItness By F BLA GACRE as Its Pre ent t'1I/?I",>rI e :S. ~NES Pnnted Name of WItness STATE OF FLORIDA ) COUNTY OF PINELLAS ) The foregomg mstrument was acknowledged before me, a notary pubhc authonzed to take acknowledgements m the State and County set forth above, by F BLAKE LONGACRE as the PresIdent of OLD CLEARWATER CITY FLATS CONDOMINIUM ASSOCIATION, INC, a Flonda corporatIon not for profit, who IS personally known to me, or who has produced as IdentIfication, and who dId take an oath, and he acknowledged to and before me that he executed SaId mstrument as the duly authonzed officer of SaId corporatIon for the purposes therem expressed 40 (SEAL) WITNESS my hand and officIal seal tins /.raday o~ ' 200 L ~.~ NOTARY PUBLIC t/l/2/11r1E ~. Jl;A/e~ Pnnted Name of Notary PublIC CommIssIon Number My CommIssIon ExpIres .~#~ WA~ Ch....tIe S. J..... ;~'.'Al.'.: CorrmISllOn' DD218574 ~ . 1:_ . . ~_ June 1, 2008 · .oo · ~ lftl, ,..-........ IN:. 1IlNI$.1Ott 41 CONSENT OF MORTGAGEE The undersIgned IS the Owner and holder of amortgage( s) and other loan mstruments encumbenng all or a portIon of the premlSes described m the DeclaratIOn ofCondommmm of 0 Id Clearwater CIty Flats Condommmm The undersIgned hereby JOms In and consents to the subrmssIOn of SaId lands to condo- mmtum ownershtp m accordance WIth the terms and proVISIOns of SaId DeclaratIon ofCondormmum, and consents to, agrees to be bound by and subordmates the hen of Its mortgage( s) and other loan mstruments to the terms, conchtIons and proVISIOns of SaId DeclaratIOn of Condommmm SI ature of WItness L~~ Of~!:~h+ ~ ch,~ SIgnature of WItness FIRST HORIZON CONSTRUCTION LENDING By ~.I-~~~' ll'c&lll/lP A - ~,Atl4f~ . as Its VI'('C ?/(E~/~~/Yi SIgned, sealed and dehvered m th resence of I-UJHktR'd"' ~ Pnnted Name of WItness STATE OF FLORIDA ) COUNTY OF HILLSBOROUGH ) The foregomg mstrument was acknowledged on \ / I Cl 107 , before me, a notary pubhc authonzed to take acknowledgements m the State and County set forth above, by RJCbtA-fl.- D Mt)H€-.R , as the duly authonzed Vie€- Pr<$1?1 D~JJ7 of FIRST HORIZON CONSTRUCTION LENDING, who IS personally known to me, or who has produced as IdentificatIon, and who dId take an oath, and (s )he acknowledged to and before me that (s )he executed SaId mstrument for the purposes therem expressed , qT1.. WITNESS my hand and OffiCIal seal thIS ~ day of J,4 A/ /..L ~ R. 'I , 200 -, ~ (fio l{~ NOTARY PUBLIC .J-L,V n .A-lM rtOLLCJj Pnnted Name of Notary Pubhc COmmISSIOn Number My COmmISSIOn ExpIres EXIllBIT "A" TO DECLARATION OF CONDOMINIUM OF OLD CLEARWATER CITY FLATS OVERALL LEGAL DESCRIPTION Lots 1 through3, and Lots 6 through 10, mclusIve, Block 21, and a portIon of Lots 1 through 5, mc1usIve, Block 26, MagnolIa Park, as recorded m Plat Book 3, Page 43, PublIc Records of Pm ell as County, Flonda And bemgmore specrfically descnbed as follows Connnence at the mtersectIOn of the northerly nght-of-1Vay lme ofDfUld Road and the Easterly nght-of-way hne of C S X Ratlroad for a Pomt of Reference(P 0 R), thence run Northeasterly 268 53 feet along a curve concave Northwesterly, satdcurve havmg aradms of3,060 69 feet, and a chord of268 45 feet whIch bears N 05 degrees 36' 19" E to the Pomt ofBegmnmg (P 0 B ), thence run 157 25 feet along a curve concave Northwesterly, SaId curve havmg a rachus of3, 060 69 feet, and a chord of 157 23 feet whIch bears N 01 degrees 37' 12" E , thence N 00 degrees OS' 54" E 347 29 feet to the Southerly nght-of-way lme ofTumer Street, thence S 89 degrees 11' 19" E along smdnght-of-way tme, 165 00 feet, thence S 00 degrees 04' 18" W , 17500 feet, thence S 89 degrees 11' 21 liE, 110 00 feet to the Westerly nght-of-way of Myrtle Avenue, thence S OOdegrees02'58"W alongsmdnght-of-waylme338 88feet,thenceN 89 degrees 14'04"W 14986 feet, thence N 00 degrees 45' 56" E 9 58 feet, thence N 89 degrees 14' 04" W 130 10 feet to the Pomt of Begmmng (P 0 B ) EXHIBIT "B" TO DECLARATION OF CONDOMINIDM OF OLD CLEARWATER CITY FLATS PHASE ONE LEGAL DESCRIPTION AND CONDOMINillM PLAT !; ~ .~' ~=~;I;;nn! ~ Ie !II ~ ~i&~!~,a,.'5 a f 0 l~h~:i~=I~i; ~ .,., ~i;"'~ia.s II ~ ; ~~!i~~ !i~i:id~ ~ ~ ~I~I! !~~:~diUi~ n g~~i_ i~d~~~~U3 fii ';!l!ii il~lU;,i!il .",""'" .~UTl n!h!:';~I~= - c.. 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(') ~ ~ - if ~l~i ~~ 'i~ !.. ~ '" .tll . 0 ;;:; EXIllBIT "C" TO DECLARATION OF CONDOMINIUM OF OLD CLEARWATER CITY FLATS LEGAL DESCRIPTION OF PHASE TWO Ha~ 04 07 08:48a Wells Court Development, 727-447-5202 p.2 ~1~ ~ THIS 1$ NOT A SURVEYIfl LEGAL OEScRJpTION - PHASE TWO (2): A POR TlON OF LOTS I, THROUGH 3, AND A PORT/ON OF LOTS 8 AND 9 BLDer< 21, MAGNOLIA PARI<. AS RFCORDED IN PLA T BOOK 3, PAGE 43, PUBLIC RECORDS OF P'NELLAS COUNTY, FLORIDA AND MORE SPECIF/CALL Y DESCRIBED AS FOLLOWS COMMENCE A T THE INTERSECTION OF THE SOUTHERL Y R'GrIT-OF-WAY LINE OF TURNER STREET AND THE cASTERL Y RfGHT- OF -lot/A)' L/IVE OF C S x RAILROAD AS PRESENTL Y ES T ABLlSrlED FOR A PO/NT OF BEGINNING 1.E'.. QJLl. , THENCE TRA VERSe S 89 "1119 E ALONG SAID SOUT.'-tERL Y RIGHT-OF - WA 'r 6115 FEE T, THENCE DEPARTING SAID RiGH T- OF-W~Y 27.!1a FEET ALONG TilE IIRC OF A CURVE CONCAVE 50UTII- WES TCRL Y S.4ID CURVE HA VING A RADIUS OF 35 00 FEET A CENTRA.L ANGLE OF 44G5359 AND A c,ciORD OF 26 73 FEET WHICH BEARS S 2.r26 /5 E, THENCE.. S OOGOO 45 W 9154 FEET, T/-tENCE N 89G59 15 III' 169 FEET THENCE 23 64 FEET AL ONG THE ARC OF A CURVE CONC4 VE: NOR TrlEA S TERL Y, SAID CURVE HA VING 4 RADIUS or 21200 FEET, A CCNTRAL ANGLE OF 06G2315 , AND A CHORD OF 2362 FEET WrlIC/-I BEARS S 03Q24 14 E, THENCE 505"3210 E, 3362 rEeT THENCE N89G5915 W, 7473 FEET TO THE eASTERLY RIGH T - OF - VVA Y OF SAID C 5 X RAIL ROA D, THENCE N 00 GOB 54 E , 11'413 "'EI::. I TO ,HI::. POiNl 01- BEGINNING, AND CONifJ./NING 02838 ACRes MORE OR LESS (M 0 L ) AND COMfl/lCNCE /1. T THE AFORESAID INTERSECTION OF THE SOUTHERL r RIGHT-OF-WAY LINE OF TURNER STREET AND THE EASTERL Y R/GH7- OF-WA" IINP: OF C S X RAILROAD FOR A POINT OF REC'Ft:?FNCE iE.......Q..B...1, ] HENC E TR /1 VER Sf: 5 89 "1119 E ALONG SA /0 SOU r HFPL Y RIGHT -OF -WA Y, 10625 FEET TO THE POiNT OF BEGINNING lPQ..fL1, THENCE CONTINUING ALOl~G SAID RIGhT-OF-WAY, -Y;-89"flI9E b875 FEET THENCE DEPARTING SAID RIGHr-OF--WAY 5 00Q04 18 11I', 17'5 00 FEET, THENCE N 89GJl21 W 2285 FEET, THENCE S 00"0045 IN, 1886 FEET, THENCE N 89"5.915 W 3228 FEET, TNENCE N GOGOG 45 E, 134/ FEET THENCE N89~ 5915 W 1028 FEET THENCE .'II 01"54 /6 W 44 90 FEET THEflJCE 20 48 FEE T ALONG THE ARC OF A CURVE COI\ICA VE NORTI-/EASTERL Y SAID CUF? VE riA VING A RADIUS OF 185 00 FEE T A CENTRAL A.NGL p.- OF 06?O 30 AND A CHORD OF 20 q 7 FEET WHICH BEARS N 03G25 37 W THENCE N 89G5915 W 131 FEET, THENCE N OOQQQ 45 E 9029 FEFT, THENCE 2838 FEET ALONG THE IIRC OF A. CURVE CONCA VE sou TdEA 5 TERL Y SAID CURVE HA V!NG A RADIUS OF 35 00 FEET A CENT9AL ANGLE OF 46"2713 , AND A CHORD OF 2761 FEET '''/HICH BEARS N 23GI4 22 E TO TilE POINT OF BEGINNING 1E.Qe~, AND CONTAINING 02893 ACRES MORE OR LESS (M 0 L ) THE COMBINED AREAS OF BO TH OF THE ABnVF IS 05732 ACRE:.J?. MORF OR LFSS (M 0 t) NOT< THIS SURVEY IS DUPLEXED AND IS Nor COMPL~1E OR VALID WITHOUT BOTH SIDrs PRINTED SHEET 1 PAGE 2 I OfiRRfIllJ.04102OO2I EXIllBIT "D" TO DECLARA nON OF CONDOMlNIUM OF OLD CLEARWATER CITY FLATS ~ ARTICLES OF INCORPORA nON OF OLD CLEARWATER CITY FLATS CONDOMINIUM ASSOCIATION. INC '" ,,"'" 1/1 ...'" 1./ f.....~~~ "~ ~ ,"> . /' ARTICLES OF INCORPORATION of OLD CLEARWATER CITY FLATS CONDOMINIUM ASSOCIA nON. INe. 1'(. ~ !l ~: > I '- ... ....1o:iI~ ~ ... ......... ~ - ..... I.... ... t ~ .P"1:'1 ~ :-; .......; ~ ~.... ..:,. I " .-" -' ~ ~ , , I ' , ... .:f ~ " ~ ! I , ) I, the undersIgned, by and under the provIsions of!>tatutes of the State ofFlonda, provIding for the formation, lIability, rights, pnvIleges and immumhes of a corporatIon not-for- profit, do hereby declare as follows ARTICLE L - NAME OF CORPORATION The name of this corporation shall be OLD CLEARWATER CITY FLATS CONDOMINIUM ASSOCIATION, INC., hereinafter referred to as the AssociatIon ARTICLE II. - GENERAL NATURE OF BUSINESS The general nature of the business to be conducted by the AsSOCIation shall be the operatIon and management of the affaIrs and property of the condomimum known as OLD CLEAR WATER CITY FLATS CONDO!vflNlUM, located at 610 Myrtle Street, Clearwater, Pmellas County, Florida, and to perform all acts proVIded in the Declaration of Co ndomimum of said condomimum and the Condominium Act, Chapter 718, Florida Statutes (2006) ARTICLE III.- POWERS The ASSOCIation shall have all of the statutory powers of a corporatIOn not-for-profit and all ofthe powers and duties set forth in the Condominium Act and the DeclaratIon of Condornmium of Old Clearwater City Flats CondoIll1llmm. As more particularly set forth In the Declaration ofCondomimum of Old Clearwater CIty Flats Condominium, the Assoc18tion may enter into lease agreements and may acquire and enter mto agreements acqurrmg leasehold, membersmp and other possessory or use interests for terms up to and including runety-nine (99) years (whether or not such mterests relate to property contiguous to the land of the condommium) mtended to proVlde for the enjoyment, recreation, or other use or benefit of the ASSOCIation members, includmg but not lirmted to the lease of recreation areas and facilities. In additIon, the AsSOCIation shall have the power to operate and maintam common property, specifically mcludmg, without lImitation, the surface water management system as perrmtted by the Southwest Florida Water Management DIstrict, includmg all lakes, retentIon areas, water management areas, ditches, culverts, structures and related appurtenances ARTICLE IV. MEMBERS All persons owrung a vested present mterest m the fee title to a condonulllum urut ill Old Clearwater CIty Flats Condomlllmm, whtch interest is evidenced by a duly recorded proper InStrument in the Public Records of Pm ell as County, Flonda, shall be members of the Associatton. The foregomg is not mtended to mclude persons or entIties who hold an mterest merely as security for the performance of an obligation. Membership shall termmate automatically and immedIately at the time a member's vested mterest m the fee title terminates, except that upon the termmation of the condominIUm, the membership of a umt owner who conveys his umt to the trustee as provIded m the DeclaratIon ofCondominmm shall contmue untll the trustee makes a [mal distribution of such unit's share of the funds collected and held by the trustee. After the Association approves of a conveyance of a UIllt as provided m the DeclaratIon of Condominium, tbe change of membershIp in the ASSOCiatIon shall be eVIdenced III the AssociatiOn records by delivery to the AssociatIOn ofa copy of the recorded deed or other instrument of conveyance MembershIp shall be appurtenant to and shall not be separated from ownership ofthe umt. Prior to the recordmg of the Declaration ofCondominmill of Old Clearwater City Flats CondominiU1Il, the subscnber hereto shall constitute the sole member of the ASSOCIation. ARTICLE V - VOTfNG RIGHTS Each of the forty-eight (48) reSIdential uruts in Phase One and the five (5) commerc131 wuts in Phase Two shall be entitled to a percentage vote at Association meetmgs equal to the undiVIded share in the ownershIp of the common elements and common surplus attributable to the unit However, the owner of any commercial urnt shall not have the authonty to veto amendments to the Declaration of Condominium or the Articles ofIncorporatlon, Bylaws or rules or regulations of the ASSOCiatIOn. When more than one person owns a unit in the condommium" the vote for that urut shall be exerCIsed as they, among themselves, detennine, but ill no event shall more than the vote allocated to that urut be cast WIth respect to anyone umt, and the vote will not be dIvided among the owners of anyone umt If one (1) owner owns more than one (1) unit such owner shall have the vote allocated to that urut for each unrt owned. ARTICLE VL- INCOME DISTRIBUTION No part of the income ofthe AsSOCIatIon shall be dIstrIbutable to ItS members, except as compensation for services rendered ARTICLE VII - EXlSTENCE The Association ~hall eXist perpetually unle~s dissolved accocding to laW" If the ASSOCiation is dissolved, the property conslstmg of the surface water management system shall be conveyed to an appropnate agency of local government and, if not accepted, then the surface water management system shall be dedicated to a sImilar non-profit corporatIon ARTICLE VIII.- REGISTERED OFFICE. REGISTERED AGENT, PRINCIPAL PLACE OF BUSINESS The regIStered office ofthe AsSOCIation shall be at 401 Corbett Street, SUIte 110, Clearwater, Flonda 33756, and the registered agent at such address shall be F Blake Longacre, untu such tlDle as another registered agent IS appomted by resolutIOn of the board of directors. The inula) prmcipal place of bus mess of the ASSOCiatIon shall be 401 Corbett Street, Suite 110, Clearwater, Florida 33756, ARTICLE IX - NUMBER OF DIRECTORS The business ofthe corporation shall be conducted by a board of dIrectors whIch shall consISt of not less than three (3) and not more than five (5) persons, as shall be deSignated by the Bylaws \ ARTICLE X - BOARD OF DIRECTORS AND OFFICERS The names and mailing addresses of the irutIal board of directors and officers are as follows: Name Address F BLAKE LONGACRE 401 Corbett Street, Suite 110 Clearwater, Flonda 33756 LARRY HANKIN 401 Corbett Street, Suite 110 Clearwater, Flonda 33756 TAYLOR LONGACRE 401 Corbett Street, SUIte 110 Clearwater, Flonda 33756 The dIrectors shall not be compensated by the ASSOCIatIon for theIr services as directors 3 ARTICLE Xl - RECALL AND REMOVAL OF DIRECTORS Subject to the provISions of Article XIII hereof. and the proVISIOns of the Flonda Condommium Act, Chapter 718, Flonda Statutes, and the rules and regulatIons promulgated pursuant thereto, drrectors may be recalled from office wIth or without cause, by the affrrmahve vote of a majority of the votmg interests ofthe ASSOCIatIon ARTICLE XII - INDEMNIFICA nON OF OFFICERS AND DIRECTORS All officers and dIrectors shall be mdemmfied by the AsSOCiation to the maximum extent reqUIred and allowed by Florida law. The AsSOCIatIon may purchase and maintam msurance on behalf of all officers and dIrectors against any hablhty asserted against them or incurred by them m their capacity as officers and directors or ansmg out oftherr status as such. ARTICLE XIII - RIGHTS OF DEVELOPER As more particularly set forth in SectIon 718 301 (1), Florida Statutes, Wells Court Development, LLC) a Florida hnuted liabIlIty company, which is the developer of Old Clearwater City Flats COndOmInIUm, and whtch is referred to herein as the Developer. shall have the nght to appomt all of the dIrectors of the AsSOCiation (which directors need not be urut owners), subject to the followmg '. A. When fifteen percent (15%) or more of the uruts m a COndOmInIUm that WIll be operated ultimately by the AsSOCIation are conveyed to owners other than the Developer, such unit owners shall be entitled to elect not less than one-thIrd (1/3) of the drrectors B Unit owners other than the Developer shall be entitled to elect not less than a majonty of the directors upon the occurrence of the earhest of the follOWIng 1 Three (3) years after fifty percent (50%) of the uruts that will be operated ultimately by the AsSOCiation have been conveyed to purchasers, or 2 Three (3) months after nmety percent (90%) of the urnts that will be operated ultImately by the AsSOCIatIon have been conveyed to purchasers; or 3 When all of the units that WIll be operated ultImately by the Association have been completed, some of them have been conveyed to purchasers, and none of the others are bemg offered for sale by the Developer m the ordmary course of busmess, 4 4. When some of the umts have been conveyed to purchasers and none of the others are bemg constructed or offered for sale by the Developer in the ordmary course ofbU5ine~s, or 5 Seven (7) years after recordatIOn of the DeclaratIon of Condornmium creatmg the irntIal phase m the Public Records of Pine lIas County, Flonda. C. The Developer shall be entitled to elect at least one member of the Board ofDrrectors of the AsSOCiatIon as long as the Developer holds for sale ill the ordmary course of bus mess at least five percent (5%) of the uruts in the Condommmm. Following the time the Developer relmqUlshes control of the AssociatIon ill accordance with the DeclaratIon of Condommium, these ArtIcles ofIncorporatIon, the Bylaws of the AsSOCIation and SectIOn 718301, Flonda Statutes, the Developer may exercise the right to vote any Developer-owned umts in the same manner as any other urut owner except for purposes of reacquiring control of the Association or selectmg the majority members of the Board of Directors D, Any director appoll1ted by the Developer may be removed and replaced by the Developer at any time, subject only to the foregoing rights of the unit owners E. Pursuant to Section 718,404(2), Flonda Statutes, subject to Section 718.301, Florida Statutes, where the number of resIdential uruts In the Condommium equals or exceeds fifty percent (50%) of the total umts operated by the AssocIation, owners of the residential uruts shall be entitled to vote for a majorrty of the seats on the board of admimstration. ARTICLE XIV - BYLAWS The first Bylaws of the AsSOCIatIon shall be adopted by the board of drrectors and may be altered, amended or rescmded ill the manner proVIded ill such Bylaws. ARTICLE XV - SUBSCRIBER The name and street address of the subscnber to these Articles of Incorporation IS as follows Name Address F BLAKE LONGACRE 401 Corbett Street, SUIte 110 Clea.rw-ater. Flonda 33756 _.\ l 'j ~ ~~' '. ~ ~ 5 ARTICLE XVI - AMENDMENT These Articles ofIncorporauon may be amended as set fOTlh m Chapter 617, Florida Statutes, provIded, however, that any such amendment shall be approved by at least seventy-five percent (75%) of the votmg mterests of the AssocIation Until the election ofa majorIty of the directors by umt owners other than Developer, no amendment shall be effective without the WrItten consent of the Developer The undersIgned, being the Incorporator of this corporatIon, for the purpose of forrmng thts corporatIon not for profit under the laws of the State of FlorIda, has executed these Articles ofIncofjX)ration thIs ~ (%ay of tJ (f.rO B e:Je , 2006 STATE OF FLORIDA ) COUNTY OF PINELLAS ) The foregomg instrument was acknowledged before me, a notary pubhc authorized to take acknowledgments m the State and County set forth above, this by F. BLAKE LONGACRE, who is personally known to me nd who dId not take an oath, and he acknowledged to and before me that he execute saId ArtIcles ofIncorporation for the purposes therein expressed '\-j WITNESS my hand and OffiCIal seal tfus 3-=- day of CJ(~ j'o/!:e7z 2006, in the aforesaid County and State. NOTARY PUBLIC 7 ~AflA . \./ D JJ-J.J .J ~, I SIgnature of Notary PublIc Pnnted Name of Notary Pubhc CommiSSIOn Number My CODUllIssIon ExpIres' 6 CERTIFICA TE DESIGNATING REGISTERED AGENT AND STREET ADDRESS FOR SERVICE OF PROCESS WITIDN FLORIDA Pursuant to Section 48.091, FlorIda Statutes, OLD CLEARWATER CITY FLATS CONDOMINIUM ASSOCIATION, INe, a Flonda corporation not for profit, desirmg to orgaruze under the laws of the State of Florida, hereby designates F. BLAKE LONGACRE, located at 401 Corbett Street, SUlte 110, Clearwater, Florida 33756, as Its RegIstered Agent to accept service of process within the State of Florida ACCEPTANCE BY REGISTERED AGENT Having been named Registered Agent and deSIgnated to accept service of process for the above named corporatIon, at the place deSIgnated herein, I hereby agree to act in thts capacity, and I further agree to comply WIth the proVISIons of all statutes relatIve to the proper and complete performance of my duties as Registered Agent Dated the 51 ~~y of C~ <-/tJ Ie', /& , 2006, 0--> = = .::Y ".-"'-~ U ~ -, .- .,.. ~ ,. --' .. ~ ~f ~ ...~..:E-!I - "." - r:~~ ,~ , ~ - ~ <--0 ~ :;:=-~ "l r" ~ -, J> -L~-::"'; '.i;;.:;~J;! ~ - _J - 7 EXIllBIT "E" TO DECLARATION OF CONDOMINIUM OF OLD CLEARWATER CITY FLATS \ BYLAWS OF OLD CLEARWATER CITY FLATS CONDOMINIUM ASSOCIATION. INC BYLAWS of OLD CLEARWATER CITY FLATS CONDOMINIDM ASSOCIATION. INC. A corporatIOn not for profit eXIStmg under the laws of the State ofPlonda I PRINCIPAL OFFICE The lllItIal pnnclpal office of the ASSOCiatIOn shall be located at 401 Corbett Street, SUIte 110, Cle:uwater, Flonda 33756 The address of the prInClpal office may be changed at the ruscretlOn of the Board of DIrectors II MEMBERSHIP 1 Members All persons ownmg a vested present mterest In the fee tItle to a condorrnmum umt m Old Clearwater CIty Flats CondommIUm, or any other condommmlTIoperated by the AssocIatIon, wluchmterest is evtdenced by a duly recorded proper mstrument m the Pubhc Records ofPmellas County, ~ Flonda, shall automatIcally be members oftms AsSOCIatIon, therr membersrnp shall automaucally tennmate as therr vested mterest m the fee tItle termmates Such membershIp may be evIdenced by the ISsuance of a membershIp certrficate whIch shall be deemed automatIcally cancelled when the membershIp It eVIdences IS termtnated as prOVIded herem 2 V otmg Interests Each of the forty-eIght (48) reSIdentIal umts m Phase One and the five (5) corrnnercIal umts m Phase Two shall be entItled to a percentage vote at AssocIation meetmgs equal to the unchVlded share m the ownershIp of the common elements and corrnnon surplus attrlbutable to the umt However, the owner of any commerctal unIt shall not have the authonty to veto amendments to the DeclaratIon of Condonumum or the ArtIcles of Incorporation, Bylaws or rules or regulatIons of the ASSOCIatIOn When more than one person owns a unIt m the COndOl1DIllum, the vote for that umt shall be exercIsed as they, among themselves, determme, but m no event shall more than the vote allocated to that unrt be cast WIth respect to anyone umt, and the vote wtll not be ruVIded among the owners of anyone unIt If one (1) owner owns more than one (1) umt such owner shall have the vote allocated to that urut for each umt owned 3 AnnualMeetmg An annual meetmg of the members shall be held ill October of each year at such tune and place as may be desIgnated by the Board ofDtrectors for the purpose of e1ectmg Drrectors of the ASSOCIatIOn and for the transactIon of such other bus mess as may come before the meetmg 4 SpecIal Meetmgs SpecIal meetmgs may be called by the Presldent or by the Board of Drrectors, or by the Secretary upon the WrItten request of at least ten percent (10%) of the votIng mterests of the members, for any purpose and at any tIme 5 NotIces Wntten notIce of annual and speCIal meetmgs of members, WhICh shall mclude an ldentrlicatlOn of agenda Items, shall be proVlded to members eIther personally or by first class mall at least fourteen (14) days pnorto the date of the meetmg and shall be posted m a conspIcuoUS place on the condomIllrUtn property at least fourteen (14) contInuous days precedIng the annual meetmg If matled, such notIce shall be deemed gIven when depOSIted m the U S Mad addressed to the owner at hIS address as It appears m the books of the ASSOCIatIon WIth the exception ofthe annualmeetmg WhICh must be held every year, members may waive such notlce and may act by wntten agreement WIthout meetmgs NotwIthstandmg the above, nohce of the annual meetIllg of members shall be by fIrst class mall 6 Ouorumand V otmg Flfiy-onepercent (51 %) ofthe votIng mterests represented m person, or by proxy, shall constItute a quorum, and If a quorum 15 not present, a maJonty of the votmg nghts present may postpone the meetmg from time to time Notice of any postponed or adJourned meetmg shall be proVlded as requrred by SectIon 718 112(2)( d)2, Flonda Statutes A member shall be deemed present for purposes of a quorum WIth respect to any questIOn or electIon upon whIch hIS wntten and sIglled proxy shall have been receIved by the Secretary of the AsSOCIation A sunple maJonty of all votmg mterests present m person or otherwISe represented shall deCIde any questIon brought before the meetmg, except when otherwIse requrred by the CondOlrumumAct, the DeclaratIon ofCondonumum, the ArtIcles of Incorporation, or these Bylaws Umt owners shall have the nght to partICIpate m meetmgs of the umt , owners WIth reference to all deSIgnated agenda Items, subject to reasonable rules adopted by the AssoCIatton governmg the frequency, duratIOn and manner of unIt owner partICIpation Any unIt ownermay tape record or VIdeotape a meetmg of the unlt owners, subJect to the proViSIOns of Section 718 112, Flonda Statutes, and the rules and regulatIOns promulgated pursuant thereto by the DIV1SIon ofFlonda Land Sales, Condonumums and MobIle Homes III BOARD OF DIRECTORS 1 Powers The Board ofDrrectors shall have all powers necessary to manage the affarrs of the AsSOCIation and to dIscharge ItS nghts, duties, and responsibilitIes as proVIded m the CondommtumAct, the DeclaratIOn of Condommmm, the ArtIcles of Incorporation, and these Bylaws 2 Number There shall be three (3) Drrectors, untIl such tIme as umt owners other than the Developer are entItled, pursuant to SectIon 718 301 (1), Flonda Statutes, to elect a maJonty of the Board, at whIch tune there shall be five (5) Drrectors 3 QualIficatIon Each Drrector shall be a member, except that dunng such tnne as the Developer, Its successors and asSIgns, has the nght to appomt any Drrectors of the AssociatIOn pursuant 2 to the ArtIcles ofIncorporatIon or the CondommlUmAct, no Drrector appomted by Developer need be a member of the AssocIatIon AU Drrectors shall act wIthout compensatIon 4 Election and Term Except as heremafter proVIded, the term of each DIrector shall exprre upon the electIon of a successor at the next succeedmg annual meetmg of members Connnencmg wrth the first annual meetmg of members at whIch umt owners other than the Developer elect a maJonty of the Board ofDrrectors, the two (2) DIrectors receIvmg the hIghest number of votes shall each serve two (2) year terms, and the other elected Drrectors shall each serve a one (1) year term At each annual meetmg of members thereafter, Drrectors shall be elected for two (2) year terms to fill the vacancIes of those Drrectors whose terms are then expmng All DIrectors shall serve until theIr respective successors shall have been duly elected and qualIfied, or untIl theIr earlIer resIgnation, dISqualIficatIon, removal or death Drrectors appomted by the Developer shall serve untd theIr resIgnatIOn or removal by Developer N ommatlOn and electton ofDrrectors shall comply WIth the requrrements of SectIon 718 112, Flonda Statutes, and the rules and regulatIons promulgated pursuant thereto by the DIVISIon ofFlondaLand Sales, CondommIUms and MobIle Homes 5 Regular Meetmgs An annual meetmg of the Board of Drrectors shall be held nmnedtately after, and at the same place as, the annual meetmg of the membershIp AdchtIonal regularmeetmgs may be held as proVIded by resolution of the Board 6 SpeCIal Meetmgs SpeCIal meetmgs of the Board may be called by the PreSIdent or a maJonty ?fthe Drrectors for any purpose and at any ttme or place 7 Teleohone Conferences Drrectors may attend meetmgs ofthe Board ofDrrectors by means of telephone conference, proVIded that a telephone speaker shall be attached so that the dtscusslOn may be heard by all Board members and by any umt owner present m an open meetmg 8 Notices Nonce of any meetmg of the Board shall be muled by first class mad or delIvered to each DIrector at therr respectIve addresses shown m the AsSOCIatIon records at least five (5) days before such meetmg, unless notice 15 walved by such DIrector If matled, such nottce shall be deemed gIVen when deposIted III the U S Mati addressed to the Drrector at hIS address as It appears m the records of the ASSOCIatIOn NotIces of speCIal meetmgs shall state the purpose thereof Adequate notIce of any meetmg of the Board shall speCIfically mcorporate an IdentificatIon of agenda Items, shall be posted conspIcuously on the condommIUm property at least forty-eIght (48) contmuous hours m advance ofthe meetmg, except In an emergency NotIces of any meetmg at WhICh regular assessments agamst unIt owners are to be consIdered for any reason shall specrfically contam a statement that assessments will be consIdered and the nature of any such assessments However, wntten notIce of any meetmg at whIch non-emergency specIal assessments, or at whIch amendments to rules regardmg umt use wIll be proposed, dtscussed or approved shall be matled or dehvered to the unit owners and shall be posted conspICUOUS ly on the condomtnIum property not less than fourteen (14) days pnor to the meetmg Members are allowed to attend all meetmgs of the Board The nght to attend suchrneetrngs mcludes thenght to speak at such meetIngs WIth reference 3 Ii to all desIgnated agenda Items, proVIded, however, the AsSOCiatIon may adopt reasonable rules governmg. the frequency, duratIon and manner of umt owner statements SubJect to the proVIslOns of SectIon 718 112, Flonda Statutes, and the rules and regulahons promulgated pursuant thereto by the DIVISIon of Flonda Land Sales, CondommIUms and MobIle Homes, any umt owner may tape record or VIdeotape meetmgs of the Board of DIrectors 9 Quorum and V otmg A maJonty ofDrrectors shall ConstItute a quorum. If a quorum IS not present, arnaJonty of those present may adJourn themeetmg from tIme to tnne untIl a quorum IS present In the case of an adJournment of a meetmg, no further notIce of the adJourned meetmg need be gIVen unless otherwISe determmed by the Board 0 fDrrectors or requrred by SectIOn 718 112(2 )( c), Flonda Statutes At any meetmg that takes place on account of a preVIOUSly adJourned meetmg, any busmess that rrnght have been addressed at the meetmg as ongmally called may be addressed The vote of a maJonty o fDrrectors present shall deCIde any matter before the Board, except as may be otherwIse requrred by the ArtIcles of Incorporation, these Bylaws, or the DeclaratIon of CondorruOlUIn. A Director may Jom by wntten concurrence m any actIon taken at a meetmg of the Board of DIrectors, but such concurrence may not be used for the purposes 0 f creatmg a quorum Board members utIbzmg telephone conference calls may be counted toward 0 btammg a quorum, and may vote over the telephone DIrectors may not vote by proxy or by secret ballot at Board meetmgs A vote or abstentIon for each Board member shall be recorded m the mmutes of the meetmg 10 Removal Any Drrector appomted by the Developer may be removed by the Developer at anytIme by gIVIng wntten notIce to the Board of DIrectors, and the vacancy created by such removal '\ shall be filled by appomtment by the Developer Any Drrector elected by the members may be removed by a maJonty vote of all the votIng mterests, and the vacancy created thereby shall be filled for the balance of the term of such Drrector by the electIon of a new DIrector at the same meetmg, subject to the requrrements of SectIon 718 112(2)(k), Flonda Statutes, and the rules and regulatIons promulgated pursuant thereto by the DIVISIon of Flonda Land Sales, Condorrumums and MobIle Homes N COMMITTEES 1 FunctIon Except when specrfically delegated authonty to act, connmttees shall serve only m an adVISOry capacIty to the Board ofDrrectors and the membershIp and shall make speCIfic recom- mendatIons to the Board and the members regardmg those aspects of the busmess and affarrs of the AsSOCIatIon for whIch they have been delegated responsibility Any connruttee shall have and may exerCiSe all the authonty granted to It by the Board ofDrrectors, except that no connmttee shall have the power to (a) fill vacanCIes on the Board of DIrectors or on a commtttee, (b) adopt, amend or repeal the ArtIcles of IncorporatIon or the Bylaws, 4 (c) amend or repeal any resolutIon of the Board ofDrrectors, or (d) act on any matters committed by the CondommlUmAct, Chapter 718, Flonda Statutes, or the ArtIcles ofIncorporatIon, the Bylaws, the Declaration ofCondomIDlUm or a resolutIon of the Board of DIrectors to another corrnmttee or to the Board 2 Types ofCorrnmttees The Board ofDrrectors may appomt such standmg COmmlttees or ad hoc commtttees as It deems necessary from tIme to ttme 3 Appomtment and T enn The Board shall appomt comnnttee members from among the members, proVIded, however, that pnor to the tIme that the umt owners other than the Developer elect a maJonty of the Board ofDtrectors commtttees may mc1ude employees, agents and representatives of the Developer The Board of DIrectors shall desIgnate a charrman and a secretary for each commtttee, whIch pOSItions may be filled by one or more members The members of each commtttee shall mItIally be appomtedat anymeetmg of the Board and thereafter shall be appomted at the annual meetIng of the Board Each appomtee shall take office on the day of such Board meetrng and shall hold office untIl the next annual meetmg of the Board and untIl a successor shall have been appomted, or untIl hIS earher reSIgnatIOn, dlSqualtficatlon, death or removal from office, orunttl such comrrnttee shall tennmate, whIchever first occurs 4 Removal, ReSIgnatIOn and VacancIes Any commtttee member may be removed from office by the Board ofDtrectors at anytnne WIth or WIthOut cause Any member of a connmttee may resIgn therefroJ!l by proVldmg wntten notIficatIon of such resIgnatIon to the PresIdent ofthe AsSOCiation, and any such resIgnatIOn shall become effectIve tmmedtately upon receIpt by the PresIdent of such wntten notIficatIon or at such later date as may be specIfied m the notIficatIOn Any vacancy occumng m the membershIp of any commtttee or any pOSItIon on any comrruttee to be filled by reason of an mCfease m the number of members ofa commtttee shall be filled by the Board of Drrectors 5 Re~ Meetmgs Regular meetmgs of each standIng comrruttee shall be held at such tunes as are deterrrnned by the charrman of the commtttee There shall be no regular meetmgs of an ad hoc commtttee unless establIshed by the chairman of saId commtttee 6 Special Meetmgs SpeCIal meetmgs of any commtttee may be called at any tnne by the charrman of the commtttee or by twenty-five percent (25%) of the members thereof , 7 NotIce ofMeetmgs NotIce of any connmttee meetmg shall be matled or dehvered to each commtttee member at hIS address shown m the ASSOCIation records at least three (3) days before such meetmg, unless notIce IS Waived by such conmnttee member Adequate notIce of aIImeetmgs, whIch notIce shall specIfically mcorporate an IdentIficatlOn of agenda Items, shall be post conspIcuously on the COndOmInIUm property at least forty-eIght (48) contmuous hours precedmg the meetmg, except man emergency However, wntten notIce of any meetmg at WhICh non-emergency speCIal assessments, or at whIch amendment to rules regardmg umt use will be proposed, dlScussed, or approved, shall be matled to 5 delIvered to the unIt owners and posted conspIcuously on the condommlUm property not less than fourteen (14) days pnor to the meetmg NotIce of any meetmg III WhICh regular assessments agamst umt owners are to be consIdered for any reason shall specl'fically contaIn a statement that assessments WIll be consIdered and the nature of any such assessments 8 Ouorumand V otmg A maJonty of the comrmtteemembers wIll constItute a quorum If a quorum IS not present, the maJonty ofthose present may postpone the meetmg from tune to tIme The vote of a maJonty ofthe commtttee members present at any legally convened meetmg, shall deCIde any matter before the comrmttee, unless a greater number IS requrred by resolutIon of the Board A corrunrttee rnemberwho IS present at a connruttee meetmg at whIch actIon on any matter IS taken shall be presumed to have assented to such action unless such member votes agamst the actIon or abstams from votmg WIth respect thereto Connrnttee meetmgs at whIch a quorum IS present shall be open to all UnIt owners the nght to attend such meetIngs mcludes the nght to speak at such meetmgs WIth reference to all agenda Items, subJect to reasonable rules adopted by the AsSOCIatIon governmg frequency, duration and manner of umt owner statements V OFFICERS 1 Number The officers shall be a PresIdent, a VIce Fresldent, a Secretary, and a Treasurer, and such other officers as the Board ofDrrectors may deSIgnate from tIme to tIme by resolutIon, each of whomsh,all be elected by the Board ofDrrectors Any two (2) or more offices may be held by the same person All officers shall act WIthout compensatIon 2 ElectIon and Term Each officer shall be elected armually by the Board ofDrrectors at the first meetrng oIDrrectors followmg the annualmeetmg of members and shall hold office untIl a successor shall have been elected and duly qualIfied, or untIl such officers earher resIgnatIon, chsquahficatlon, removal or death 3 PresIdent The PreSIdent shall be the pnncIpal executive officer of the AsSOCIatIon and shall supemse all ofthe affaIrs of the Ass 0 cmtlOn He shall preSIde at all meetmgs ofmembers and Drrectors He shall SIgn all agreements and recordable Instruments on behalf of the AsSOCIatIon, unless otherwiSe prOVIded by resolutIOn of the Board of Drrectors 4 V Ice PreSIdent In the absence of the PresIdent, the VIce PreSIdent, shall perform the dutIes ofthe PreSIdent, and when so actmg, shall have all the powers and responsIbIhtIes ofthe PreSIdent The V Ice PreSIdent shall also perform such duties as may be deSIgnated by the Board of DIrectors 5 S ecretarv The Secretary may attest to any agreement orrecordable InStrument on behalf ofthe AsSOCIation, but such attestatIon shall not be requrred The Secretary shall record the mInutes of meetmgs of members and DIrectors The Secretary shall have the pnmary responsIbIlIty, but not the 6 exclUSIVe nght, to give notIces requITed by these Bylaws, and shall have custody of and mamtam the records oftheAssocIatIon, other than those mamtamed by the Treasurer The Board ofDrrectors may elect an asSIStant Secretary, who shall perform the dutIes of the Secretary when the Secretary IS absent 6 Treasurer The Treasurer shall have custody of all funds ofthe AsSOCIatIon, shall depOSIt the same m such deposItones as may be selected by the Board ofDrrectors, shall dtsburse the same, and shall mamtam the ASSOCIatIon's finanCial records, whIch shall be avatlable for mspectIon by any member durmg busmess hours on any weekday At the dIScretIon of the Board of DIrectors, the functIons of the Treasurer may be delegated to and performed by a managmg agent or finanCIal mstItutIon 7 FIdelIty Bonds The AssOCIatIon shall 0 btam and mamtam adequate fidelIty bondmg of all persons who control or dISburse funds of the AssocmtIon the term "persons who control or dtsburse funds of the AsSOCIatIOn" means those mdlVlduals authonzed to SIgn checks, and the PresIdent, V Ice- PreSIdent, Secretary and Treasurer of the ASSOCiatIOn The amount oftbe bond for each such person shall be governed by theproVlSlons of SectIon 718 112(2)(j), Flonda Statutes, proVIded, however, such lxmdshall (1) cover the maxnnum funds that wIll be m the custody of the ASSOCIation at any tIme the bond 15 in force and must at least equal the sumofthree (3) months assessments on all umts m the condorrumumplus the AsSOCIatIon's reserve funds, or (2) be ill an amount equal to one hundred fifty percent (150%) of the operatmg expenses shown m the duly adopted annual budget of the ASSOCIatIOn, plus the AsSOCIatIon's reserve accounts, as may be reqUITed by any mstItutIOnallender for the condommmffi or the umts The bonds shall mclude a proVISIon for ten (10) days wntten notIce to the ASSOCIatIon and each ServIcer of an FNMA, FHA or VA mortgage m the condommmm, orto anymsurance trustee, before the bond can be ~ cancelled or substantIally mochfied for any reason The ASSOCIatIOn shall be named as an 0 bhgee on all such bonds and the cost of such bonds shall be pmd by the AsSOCiatIOn The ASSOCIatIon shall bear the cost of all such bondtng 8 Removal Any officer may be removed, WIth or wIthout cause, by a maJontyvote of the Board ofDrrectors present at any meetmg ofthe Board, and the vacancy thereby created shall be filled by an electIOn by the Board of Drrectors VI MANAGER AND EMPLOYEES The Board ofDrrectors may employ the servIces of a manager and other employees and agents as they shall detemnne appropnate to manage, operate, and care for the condonnruum property, wIth such powers and dutIes and at such compensation as the Board may deem appropnate and proVide by resolutIon fromtnne to tune Such manager, employees, and agents shall serve at the pleasure of the Board Any management agent that handles funds for the AsSOCiatIOn shall obtam a fidelIty bond conformmg to the requITements of Sectlon 718 112, Flonda Statutes, and ArtIcle V, SectIOn 7 hereof VII CONTRACTS AND FINANCES 7 I Contracts In addrtIon to the authonty granted herem to the PresIdent and V Ice PresIdent, the Board ofDrrectors mayauthonze any officer or agent to execute and delIver any contract or other mstrument on behalf of the ASSOCiatIon 2 Loans No loans shall be contracted on behalf of the ASSOCIatIOn and no eVIdences of mdebtedness shall be ISsued m its name unless authonzed by a resolutIon of the Board ofDrrectors, and, where requrred by the CondomtnlUtn Act, Chapter 718, Flonda Statutes, or by the ArtIcles of IncorporatIon, these Bylaws or the DeclaratIOn ofCondomtnmm, SaId loans or mdebtedness have been approved by the members of the AsSOCIatIon ,~ 3 Checks and Notes All checks, drafts, and other orders for payment of money Issued m the name of the ASSOCIatIOn shall be SIgned by the Treasurer or such officers or agents of the AssocrntlOn as shall from tIme to tIme be authonzed by resolutIon of the Board ofDrrectors All promtssory notes or other eVIdences of mdebtedness of the AsSOCiatIon shall be SIgned by the PreSident or a V Ice PreSIdent 4 DepOSIts All funds ofthe ASSOCIatIon shall be depOSIted fromtune to tIme m the name of the Association m such banks, saVIngs and loan assocIatIons, or other deposItones as the Board of Drrectors may select from tune to tIme, and shall be mamtamed separately m the AsSOCIatIOn's name 5 FIScal Year Unless otherwIse establIshed by resolutIon ofthe Board ofDrrectors, the fiscal year of the ASSOCiatIon shall begm on the first (1st) day of January of each year VIII VACANCIES A vacancy m the Board ofDrrectors created by the death, dISqualtficatIon, retrrement, resignatIon or removal of a Drrector elected by the members shall be filled as prOVIded In Rule 61 B- 23 0021, Flonda AdmmIstratIve Code A vacancy m the Board ofDrrectors created by the death, dISqualIficatIon, removal or resIgnatIon of a DIrector appomted by the Developer shall be filled by the Developer In accordance WIth the proVlSIOns ofRule 61 B- 23 0021, Flonda AdmmtstratIve Code A vacancy m any office other than that of a Drrector created by the death, chsqualIficatIon, removal or resIgnatIon of the person holdIng such office shall be filled for the balance of the term of the officer by vote of the Board ofDrrectors IX AMENDMENTSTOBYLAWS These Bylaws may be altered or repealed only by the affirmatIve vote of not less than seventy-five percent (75%) ofthe votmg mterests of the ASSOCIatIOn No bylaw shall be reVIsed or amended by reference to Its title or number only Proposals to amend eXIstmg bylaws shall contam the full text ofthe bylaws to be amended, new words shall be mserted m the text underlIned, and words to be deleted shall be lmed through WIth hyphens However, If the proposed change IS so extensIve that thIS procedure would 8 hmder, rather than asSIst, the understandmg of the proposed amendment, It IS not necessary to use underlmmg and hyphens as mdIcators of words added or deleted, but mstead, a notatIon must be ffiSerted Immedtately precedmg the proposed amendment m substantIally the fo llowmg language "SubstantIal rewordmg ofbylaw See bylaw _ for present text " N onmatenal errors or OmISSIOns m the bylaw process shall not mvahdate an otherwIse properly promulgated amendment X REGULATIONS The Board of Drrectors may from tIme to tIme adopt such umform admInIstratIVe rules and regulatIons govemmg and restnctmg the use and mamtenance of the condomtnmm unItS and common elements and other property owned or operated by the ASSOCIatIon as may be deemed necessary and appropnate to prevent unreasonable mterferenceWIth the usethereofand to assure the enJoyment thereof by the unIt owners Such rules and regulatIOns shall not be mconSIStent WIth the CondonumumAct, the DeclaratIon ofCondomtnmm, the ArtIcles ofIncorporatIOn, or these Bylaws A copy of such rules and regulatIOns shall be made available to each umt owner and occupant, although the fmlure to furmsh a copy thereof m any mstance shall not affect the enforceabIlIty of any such rule or regulatIon XI REMEDIES FOR VIOLATION 1 Legal RemedIes In the event of VIOlatIon of any prOVISIons of the Declaratlon of , Condorrnmum, the ArtIcles ofIncorporatIon, these Bylaws, any rules and regulatIons promulgated by the AsSOCIatIon, or the CondommtumAct, the AsSOCiatIOn, on Its own behalf, may, but IS not requrred to, bnng appropnate actIon to enJom such VIolatIon or to enforce the proVISIons of such document or sue for damages, or take all such courses of actIon at the same tIme, or bnng appropnate action for such other legal or eqUltable remedy as It may deem appropnate FaIlure by the AsSOCIatIon to enforce any such proVISIon shallmno event be deemed a wmver of the nght to enforce later VIolations ImtIatIon and conchlSIon of the hearIllg procedures descnbed herembelow shall not be a condItIon precedent to an action under thIS sectton 2 Heanng Procedures In the event of VIolatIon of any ofthe proVISIOns of the Declaration ofCondommmm, the ArtIcles ofIncorporatIon, these Bylaws, any rules and regulatIons promulgated by the AsSOCIatIon, or the Condommmm Act, the ASSOCIatIon shall have the nght to mItIate m-house hearmg procedures These heanng procedures shall constItute a separate remedy for the AsSOCiatIOn, and they are not a conchtIon precedent to the remedIes des cnbe d m SectIon 1 above In any such hearmg procedure, the alleged non-cornplymg owner, or other defendant, shall be gIven a reasonable opportumty to be heard SaId owner, or other defendant, shall be notIfied by certIfied mati, return receIpt requested, or by hand delIvery, of any hearmg before a COmmlttee 0 f other unIt owners at least fourteen (14) days m advance of such heanng The notIce shallmclude 9 (a) A statement of the date, time and place of the hearmg (b) A statement of the proVISIOns of the document wluch have allegedly been VIolated, and ( c) A short and plaIn statement of the matters asserted by the ASSOCIatIon The party agamst whom a remedy may be leVIed shall have an opportumty to respond, to present evIdence, and to proVIde wntten and oral argument on alllSsues Illvolved and shall have an opportuntty at the hearmg to reVIew, challenge, and respond to anymatenal conSIdered by the COIDmlttee of otherumt owners At the conclUSIOn oftesbmony, the COmmIttee of other umt owners shall dehberate the eVidence ByamaJonty vote, the connmttee of other umt owners shall detemnne whether a ViolatIon has occurred If the comrrnttee of other umt owners concludes that a VIolatIon has taken place, It shall have the nght to elect anyone or a combmatIOn of the followmg remedIes (1) Repnmand the appropnate party, (2) Levy a fine not m excess of$1 00 00, however a fine may be leVied on the basIS of each day of acontmumg VIOlatIon, WIth a smgle notIce and opportumty for hearmg, proVIded that no such fine shall m the aggregate exceed $1,000 00 If the COmmlttee of other umt owners does not agree WIth the fine, the fine may not be leVIed (3) Authonze the ImtIatIon of action under SectIOn 1 above 3 CumulatIve The remedIes contamed m thIs ArtIcle are III add1tJ.on to and not m heu of other remeches otherwIse proVIded by law 4 Costs In the event that the ASSOCIation IS the prevaIlmg party 10 any action brought pursuant to SectIon 1 above, or m the event that the Board determmes that a VIolatIOn has occurred pursuant to Section 2 above, then all costs and expenses mcurred by the AsSOCiatIon m such enforcement actIon(s), mc1udmg WIthout ltm1tatIon filmg and servIce of process fees, and attorneys' fees and costs mCIdent to the proceedIng, before tnal, durmg trIal, upon any appeal and ill any post Judgment proceedmgs shall be paid to the ASSOCiatIOn by the unIt owner, or other defendant, determmed to be m Violation XII SEAL The Board 0 fDrrectors shall proVIde a corporate seal, CIrcular m form, showmg the corporate name, the year and state of mcorporatIon, and the words "corporation DOt for profit" 10 XlII COLLECTION OF ASSESSMENTS Assessments for the payment of corrunon expenses shall be leVIed annually by the Board of DIrectors m the manner proVIded m the DeclaratIon ofCondommnun. Each umt's annual assessment shall be due and payable m advance to the AssocmtIOn m twelve equal mstallments WhICh shall be due and payable on the first day of each month of each fiscal year SpecIal assessments may be leVIed by the Board of Drrectors m the manner prOVIded m the Declaration of Condommmm or the Condommmm Act XIV RIGHTS OF LENDERS 1 Upon wntten request to the AssocmtIon, Identlfymg the name and address ofthe holder, msurer or guarantor and the unIt number or address, any mortgage holder, Insurer or guarantor shall be entItled to tImely wntten notIce of (a) Any condemnation or casualty loss that affects eIther amatenal portIon of the proJect or the umt secunng Its mortgage (b) Any sIXty (60) day delmquency In the payment of assessments or charges owned by the owner of any umt on whIch It holds the mortgage (c) A lapse, cancellatIOn, or matenal modIficatIOn of any msurance pohcy or fidelIty \ bond mamtamed by the AssociatIon (d) mortgage holders Any proposed actIon that reqUIres the consent of a specIfied percentage of 2 The AssocmtlOn shall make avallable to wut owners and lenders, and to holders, InSurers or guarantors of any first mortgage, current COpIes of the DeclaratIon ofCondommmm, these Bylaws, other rules concernmg the project, and the books records and finanCIal statements of the ASSOCIatIOn for mspechon, upon request, dunng normal busmess hours or under other reasonable ClTcumstances 3 Any holder of a first mortgage 15 entItled, upon wnttenrequest, to a financmlstatement for the ImmedIately precedmg fiscal year xv MANDATORY NONBINDING ARBITRATION SubJect to the prOVISIons of SectIOn 718 1255, Flonda Statutes, prIor to the mshtutlOn of any lItIgatIon artSmg out of or related to the CondonnmumAct, Chapter 718, Flonda Statutes, the DeclaratIon ofCondoITllmum, the ArtIcles ofIncorporatIon, these Bylaws or the rules adopted by the AsSOCIation, the 11 partIes to the dtspute shall petItIon the DIVISIon ofFlonda Land Sales, Condonnmums and MobIle Homes for nonbmdmg arbItration XVI CERTIFICATE OF COMPLIANCE A certrficate of comphance from a lIcensed electncal contractor or electrIcIan may be accepted by the AsSoCIatIOn's Board oIDIrectors as eVIdence of complIance ofthe condomIDmm umts to the apphcable fire and lIfe safety code XVII THE CONDOMlNIUM ACT In the event of a conflIct between the prOVISIons of these Bylaws and the CondommnunAct, or m the event the Condommmm Act sets forth mandatory bylaw proVISIOns that are not expressly contamed herem, the terms and proVIsIons of the CondommmmAct shall control (except to the extent that the CondonnmwnAct allows these Bylaws to vary the proVISIOns of the CondomlmwnAct) and, to that extent, are mcorporated by reference herem As used m these Bylaws, the "CondommmmAct" shall mean the proVISIOns of Chapter 718, Flonda Statutes (2004) CERTIFICATE The foregomg were adopted as the Bylaws of Old Clearwater City Flats Condorntmwn ASSOCiatIon, Inc , a Flonda corporatIon not for profit, on the _ day of 200 Drrector Drrector DIrector 12 This Instnunent Prepared By And To Be ~ T'8: Christie S. Jones. Esquire Christie S. Jones, P.A 2964 Kenilwick Drive South Clearwater, Florida 33761-3316 (727) 799-9594 KEN BURKE, CLERK OF COURT PINELLAS COuNTY FLORIDA INST# 200716156105/1012007 at 04 36 PM OFF REC BK 15785 PO 1079-1082 DocType RST RECCRDI~~G $3550 FIRST AMENDMENT TO DECLARATION OF CONDOMINIUM OF OLD CLMRW A TER CITY FLATS CONPOMINIUM TIllS FIRST AMENDMENT TO DECLARATION OF CONDOMINIUM OF OLD CLEARWATER CITY FLATS CONDOMINIUM is made this ~ day of May, 2007, by WELLS COURT DEVELOPMENT, LLC, a Florida limited liability company (the "Developer"). WIT N E SSE T H: WHEREAS, the Declaration of Condominium of Old Clearwater City Flats Condominium bas been recorded in O.R. Book I 51S.f at commencing at Page too 3, Public Records ofPineUas County, Florida; and ~ WHEREAS, the condominiwn plat of Old Clearwater City Flats Condominium has been recorded in Condominium Plat Book 14 'l ,at Pages ~ through ~ Public Reoords of Pinellas County, Florida; and WHEREAS, pursuant to Paragraph 26.D of the Declaration ofCondominiun11 the Developer shall have the right and irrevocable power to amend the Declaration as it deems necessary or desirable from tnne to time, including without limitation, in order to make the Declaration comply with the requirements of any statutory provisions or any state or federal laws, roles or regulations; and WHEREAS, the Southwest Florida Water Management District (the "District") requires that certain provisions be included in the Declaration of Condominium as a part of its permitting process; and WHEREAS, the Developer desires to comply with such requirements, NOW THEREFORE, for and in consideration of the sum ofTen and 001100 Dollars ($10.00), the mutual covenants and agreements contained herein, and other good and valuable consideration, the receipt and sufficiency ofwhich is acknowledged upon execution hereof: the parties hereto, intending to be legally bound hereby, agree as follows: 1. The foregoing recitals are true and correct and are incorporated herein by reference. 2. The following new Paragraph 32 is hereby added to the Declaration of Condominium of Old Clearwater City Flats Condominium 32. Surface Water MaDal!ement Svstem. A For the purposes of this Paragraph 32. the term "surfuce water management system fB.cilities" shall include. but are not limited to: all inlets, ditches, swales. culverts, water control structures, retention and detention areas, ponds, lakes, floodplain compensation areas. wetlands and any associated buffer areas, and wetland mitigation areas. B. Certain surface water management system &ciliti.es are located on land that is part of the Common Elements of the Condominium. c. No construction activities may be conducted relative to any portion of the surfi1ce water management system f8cilities. ProInDited activities include. but are not limited to: digging or excavation; depositing fill. debris or any other material or item; constructing or ahering any water control structure; or any other construction to modify the surface water management system fB.cilities. If any portion of the Condominium Property includes a wetland mitigation area or a wet detention pond, no vegetation in these areas sball be removed, cut. trimmed or sprayed with herbicide without specific written approval form the District. Construction and maintenance activities which are consistent with the design and permit conditions approved by the District in the Environmental Resource Permit for the Condominium may be conducted without specific written approval from the District. D. The Association shall be responsible for operation and maintenance of the sur1Bce water management system tacilities. Operation and maintenance and reinspection reporting shall be performed in accordance with the terms and conditions of the Environmental Resource Permit for the Condominium. E. The costs incmred by the Association for operation, maintenance, replacement and reinspection ofth.e surface water management system facilities, and any other costs or expenses incurred by the Association in connection with the terms and conditions of the Environmental Resource Permit for the Condominium sball be Common Expenses payable as proVided in this Declaration by the Unit Owners. F. The District has the right to take enforcement measures, including a civil action for injunction and/or penalties, against the Association to compel it to correct any outstanding problems with the surface water management system facilities. G. Any amendment of the Declaration of Condominiwn ofOId Clearwater City Flats Condominium affecting the surfBce water management system facilities or the operation and maintenance of the surface water management system facilities shall have the prior approval oftbe District. H. If the Association ceases to exist, all of the Unit Owners shall be jointly and severably responsible for the operation and maintenance fo the surf8ce water management system facilities in accordance with the requirements of the Environmental Resource Permit for the Condominiwn, unless and until an ahemate entity approved by the District assumes responsibility. I. In the event there is on.site wetland mitigation within the Condominium Property which requires ongoing monitoring and maintenance, the Association shall allocate sufficient funds in its duly adopted operating budget for monitoring and maintenance of the wetland mitigation area(s) each year until the District detennines that the area( s) is successful in accordance with the Environmental Resource Permit for the Condominium Property. 3. Except as expressly modified by this First Amendment to Declaration of Condominium, the Declaration of Condominium of Old Clearwater City Flats Condominium remains in full force and effect and is hereby ratified and confirmed. \ IN WIlNESS WHEREOF, Developer has caused this First Amendment to Declaration of Condominium of Old Clearwater City Flats Condominium to be executed in its name this A!!:. day of May, 2007. ~~~ S' e ofW"rtness ~ ~nr\ Printed ame ofWrtness ~ (Y. t/,(/add ofWrtness ~ I.At./be rP. W4U6 . ed NameofWrtness WELLS COURT DEVELOPMENT. LLC. a Florida limited liability company BY:~ F. B C:;CRE, as its ing Member Signed, sealed and delivered in the presence of: ST ATE OF FLORIDA ) COUNTY OF PINELLAS ) The foregoing instrument was acknowledged before me, a notary public authorized to take acknowledgements in the State and County set forth above, by F. BLAKE LONGACRE as the duly authorized Managing Member of WELLS COURT DEVELOPMENT, LLC, a Florida limited liability company~ho is perso~ knOwn to me~ who (did)(did not) take an oath, and who acknowledged to and before me that he executed said instrument as the duly authorized Managing Member of said limited liability company for the purposes therein expressed. WITNESS my band and official seal this..f.- day of May, 2007. U Al/.JA~ J<<fA ~ NOTARY PUBUC I (SEAL) Printed Name of Commission N My Commissum Expires: ;1 ~ , .... ..... .. ;~dD8P'V ~ ~r) t '\!'" "7~ {"b " ,,-, ('t~o '\ ~ ~ ., U#r.", r:..VjA..>P ,~~')~t1j ..."'......~ t:~~/,\I,,-~\ !?~ ~. .......... Y(;,Fll, ,;:~~-. -. ~'5iq --.~~ 0 ~\l ,. ? ;;:.;~. 'I:;:;;......~ ~ 't ",-~\'1 ~ 'A')t;> ",,,~ , iC!l/~ ~~~JtIJ~~~~ ......0'4 f E~'~lll Q'4POaP ;: CITY OF CLEARWATER PLANNING DEPARTMENT POST O~FJU- Box 4748, ClEARWATFR, FlORIDA 33758-4748 MUNICIPAl SfRVlCl.5 BUll DING, 100 SOUTH MYRTI r AV~Nur, Ci F.ARWAl rR, FlORIDA 33756 TFlrPHONF (727) 562-4567 FAX (727) 562-4865 LONG RA.\lGF PlANNING DEVH OPMENT RFvJ~w March 30, 2006 Mr Larry Hanlan Old Clearwater CIty Flats 401 Corbett Street. SUIte 110 Clearwater, FL 33756 RE: August 24, 2004 Development Order - Case FLD2004-05039 - 610 S. Myrtle Avenue Dear Mr Hankm: Thank you for your letter, dated January 23, 2006. requesting clanficatIOn as to procedure WIth regard to changmg roofing matenals for the proJect represented by the above stated development order. On August 17. 2004. the CommUnIty Development Board reviewed a FleXIble Development applicatIon to permIt a mIxed-use development at 610 S Myrtle Avenue One of the condItIons of approval read. "That the final design and color of the bUIldmg be conSIstent WIth the conceptual elevations submitted to, or as modIfied by. the CDB" Our preference IS to ma10tam the barrel tIle roof appearance, as seen on Sheet A-I of the approved plan set An alternatIve matenal could be fabncated metal, WIth a barrel tIle look If you have any questIOns, please do not heSItate to call MIChael H Reynolds, AICP, Plarmer m, at 727-562-4836. or me at 727-562-4561 Smcerely. :#/#4- MIchael Delk, AICP Planmng DIrector S IPlarmmg Departmem\C D BIFLEX (FLD)\InacllVe or Fmlshed Apphcallons\Myrtle S 0610 Old Clearwater Cuy Flats & Wells Court (C)- Approved\Myrtle S 610 Changes to SlIe lelter March 30 1006 doc I [(ANI\ IlmIlAI{]l, M/\)(ll{ Bill )O!\\()N, VI( I MN{OIl J IoY! HAWI ION, COllNt II MI MIII[( * IOIlN DOl( \N, COllM II \11 \\Illll (AIHINA Pnll\~IN (OIlMII\j]\IIlIH "I~QLJAI 1:,\11'1 ()) 1\t1 N I ANIl AI I IRMA IIV] A( liON I'M!'I m] [{" - " (Jf{Ii~~ 'L~~ OLD ," CLEARWATER:.. ~\T~ ,- ~ ,/ - , , \ January 23,2006 'Michael Delk DIrector of Plannmg ,City~ of Clearwater 100 South Myrtle Ave 9learwater, FI 3;3756 Re' Old Clearw_ater"CIty 'Flats at Wells Court , (hI 0 ~~r+r>c O\y~ , ' L ~:~ t RJ<\I"J\6~ Dear Mr, Delk,. ' This letter is a follow up to our phone conversatIOn of January 11 th dIscussmg the roof o~ the Wells Court project At that tIme we dtscussed whether our choice of roofing matenals would be conSIdered a ~inor change under the city code - After reviewing tJIese documents we believe that the roof matenals we are' proposmg.are m complIance WIth the development order approved by the CommunIty Development.Board . , The o~guiaI d~SIgn of the project suomItted to the' community dev;eloproent bo~d called for a terracotta roof on all buildings The conceptual sketches that the,conditions of approval were based upon show archItectural dimenSIon to the roof but ,do not speCIfically det:lot~ a roofing matenaL Further the application stated that archttectural designs lustoncally found-in the neIghborhood would be utilized We are propos1Og to utilize terrac?tta colored dimensIOnal shmgles as the roofing matenal for the project' ',' . -' We feel that this choice of roofing materials IS 10 complIance WIth the documents submItted to and approved 6y thl community development ~oard FIrst, there WIll be archttecturally dimenSIoned roofing m all areas of the proJect Secondly, tins deSIgn IS compatIble with the surrounding neIghborhood m that SImilar roofing materials are used on surrounding bmldmgs. l. , \ Enclosed you will find a copy of the conceptual drawmg that was submItted WIth the development applicatIon to the CDB Also inclmted IS a sketch of the b~tlding'wIth the roof drawn as we are proposmg It 'Please review these drawmgs for compliance WIth the development order Please mdIcate if we are 10 comphance or If we need to petItion for a mmor change 'under the city code -, ,_' , ' " , . 401 Corbett Street, Sutte 470, Clearwater, FL 33756 727-446-1296 - wwwwellscourtcom , , f .' '. '. . Thank you for your consIderation In thIS matter. If you should haye any questIOns or reqUIre further 1OformatIon please contact me at (727) 77~-4214 I will look forward to hearmg from you ' . ~ Smcerely, j 1 J ~. 'f!1IUb-' L{~m ' 'ProJect ConstructIon Manager Wells Court Development, LLC' , ' , , , , \ , , , .. ., , , I, . ' , ' , . ~ I , , - , , , " / / :is 0__ II :!: 8] 1231 I23l 8 I :;; 0--- I , I I /' I -- C'ltIJ II II II ::aC: gE; m z- ;a!: o~ 02 1231 E23l fa! ?Ul ZZ -1.-;) a"" mill IS3l ~ E3l !t8 f;i"" :gill' <0 )>.0 >.... 6R' ZO II (I II a Zg r ::J R ---t7 -+- (7 "? I ? I (I ) S f . ) .-Jl Ei3J ~ ~ I E3J e3J 8 II I I I I I "U ::tI J'T1 C s::: ;z ~ -< 0 z ,.... -< " PROJECT fOIl 0 ART DESIGNS UNLIMITED IT FBL DEVELOPMENT. INC JOliN HAUSE - ARCHITECT - WELLS COURT - OLD CLEARWATER CITY FLATS ANTHONY R TATE - DESlmoER TYPICAL CONDOMINIUM BUILDlNG JIll SAI.EM STREET 100 WEllS COURT, (610 IdYlRLE AV) a.EARWATER, SAFETY HARBOR, FI.ORIOA P1NELlAS COUNTY, FlORIOA TEl.. ... F A X (727) 7iI9-9711Z r rn..n 1 . ~'- ......~ ~ '1 D -t) {) 4-'\ .... \)- ;\ 'j r', , r. ~ ", r p.. 3 F J if (. , p - (}l 1''' ) Cf- (U \f' ~~~~ -0 -, f' ..-c O~ r- ? to [JJ m -1 {~ '? 1 f. (, [OJ m ICIl {l If ~ - -. - ~ ~ "~~ ~[fD ~ 'J- " ;;. - .. [lL ILJ 1'..1'.. ~ UU ~,- ...--- -- .......- ---....--- - n n :l 1111111 0-........ (" ~J~ frtll !-1'(Url ; Wl1l...L. II'lU J FU", ,_. .. .-. --- ....--- -c/ ~., (> --0 Cl ,<\ ~ ?--- -f p. ~I 1 ,";. r. I"- 2:- t S'. m m [!] I)- j W [Jj OJ f.- \ .- oJI t' ;. r ....- IU if 00 [J r ,e' rJn .. 0 a.- t - - rn 1m I ,I )0- " 4' ~~aaalD'U_~~q . ~~~ (Q1~'bn.. rf.~Y,", ...\ '\~ t' lTF.I":~'~<b/ ~~Q. f)":t ,,,.1 ....~....~:.:,.... ~'i!g.,' \! / d, (f,11t':;. ~ ~ ~ ~~~ t) \,~. -- ~~'" ,,~t;; < ll"'-: ::::::,,~ ,,," \.~,<':;j~ ;\fU~'.\~ ==-=- ~~.:;~() ~~~fif~~~~~) "-#6'.<",... 'D /J >>'.1 l CITY OF CLEARWATER loNG RANGF PlANNING DEVElOPMENT RFv!F\V PlANNING DEPARTMENT Posr OHJCE Box 4748, CLF.ARWA1H, FWRlDA 33758-4748 MUNICIPAL SI<RVICI:S BUll DING, 100 SOUTH MYRTI.E AVE"IUI:, CI r-ARWATFR, FlORIDA 33756 TELEPHONF (727) 562-4567 FAX (727) 562-4576 August 24, 2004 Mr F Blake Longacre 401 Corbett Street, SUite 110 Clearwater, FL 33756 RE Development Order - Case FLD2004-05039 - 610 S Myrtle Avenue Dear Mr Longacre ThIS letter constItutes a Development Order pursuant to SectIOn 4-206D 6 of the Community Development Code On August 17, 2004, the CommunIty Development Board revlewed your FlexIble Development applIcatIOn to penmt a Inlxed use development WIth reductIOns to the front (east) setback along Myrtle Avenue from 25 feet to 15 feet (to pavement) and 21 feet (to bUIldmg), the Side (south) setback from 10 feet to fIve feet (to pavement), the rear setback of 20 feet to 10 feet (to pavement) and a bUIld10g heIght mcrease from 25 feet to 59 17 feet from fInIshed floor elevatIOn (FFE) to roof Inldpomt, as a ComprehensIve InfIll Redevelopment Project, under the prOVISIons of SectIOn 2-704 C, for the SIte at 610 S Myrtle Avenue Based on the applIcatIOn and the Staff recommendatIOn, the Commumty Development Board (eDB) APPROVED the applIcatlOn WIth the followmg bases and condItIons Bases for Approval 1 The proposal complIes WIth the FleXIble Development cntena as a ComprehensIve Inflll Redevelopment Project per SectIOn 2-704 C 2 The proposal IS m complIance WIth other standards m the Code mcludmg the General ApplIcabIlIty Cntena per SectlOn 3-913 3 The development IS compatIble WIth the surroundmg area and WIll enhance other redevelopment efforts CondItIOns of Approval 1 That a rrunor lot adjustment, conSIstent WIth the lot layout as proposed by the SIte plan, be approved by the CIty and recorded at Pmellas County, pnor to any butldmg permIt Issuance, 2 That the fmal deSign and color of the butldmg be conSIstent WIth the conceptual elevatIons submItted to, or as modIfIed by, the CDB, 3 That all FIre Department reqUIrements be met pnor to the Issuance of any permJts, BRIAI'~) AUNGS r, I",L\VOR-COMMI,"IONLR HoYl I IAJ\HI lON, VICF /l.1AVOR-COMMI~SlONFR WHITNI Y GR.\\, CO\\\!I""IO~I ~ FRANK HIIJIlAKD, COMMISSIONFR @l BIll JON"ON, CO,\j~ll~SIO~FR "I~QU"'I Efl.II'1 OYMI N I AND AI I IRMA1IVI Ac liON FMPI 0'\1 R" .. ',. August 24, 2004 F Blake Longacre - Page Two 4 That pnor to bUIldmg permIt Issuance, all RecreatIOn Land and RecreatIOn FacilIty Impact fees are due for the 48 reSIdentIal umts (If there IS a decrease to the bmld10g coverage from 53,809 square feet to 28,737 square feet, the Open Space Impact fee wIll not apply Contact Deb RIchter, of the RecreatIOn staff, to calculate the assessment), 5 That a report mdudmg a sOlI boong WIth seasonal hIgh water determInatIOn and percolatIOn rates, SIgned and sealed by a ProfessIOnal Engmeer, be proVIded pnor to bUlldmg permit Issuance, 6 That a SWFWl\IID PermIt or Letter of ExemptlOn be submItted pnor to bmldmg permIt Issuance; 7 That a copy of the utIlIty easement for sanItary pIpehne proposed along the south boundary of the proJect be proVIded poor to bUIldmg permIt lssuance, 8 That an ImgatIon plan, deSIgned to the satIsfactIOn of PlannIng staff, be proVIded poor to bmldmg permIt Issuance, 9 That all proposed utIlItIes (from the nght-of-way to the proposed bUIldmgs) be placed underground and InstallatIOn of condUlt(s) along the entue length of the SIte's street frontage be completed poor to the Issuance of the first CertIfIcate of Occupancy, 10 That a condOmInIum plat be recorded WIth Pmellas County poor to the fIrst CertIfIcate of Occupancy, 11 That TraffIC Impact Fees are to be assessed and pard pnor to the fust CertIfIcate of Occupancy, and 12 That all sIgnage meet Code and be archltecturally mtegrated mto the deSIgn of the SIte and/or bUIldmgs Pursuant to SectIon 4-407, an applIcatlOn for a bUIldmg permIt shall be made wIthm one year of FleXIble Development approval (by August 17, 2005) All reqUIred certIfIcates of occupancy shall be obtamed wIthm one year of the date of Issuance of the bUIldmg permIt TIme frames do not change WIth successIve owners The Commumty Development Coordmator may grant an extenSIOn of time for a penod not to exceed one year and only wIthm the ongmal penod of valIdity The CommunIty Development Board may approve one addItIOnal extenSIOn of tIme after the Commumty Development Coordmator's extenSIOn to mItIate a bUIldmg permIt apphcatIon The Issuance of thIS Development Order does not reheve 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 penUlt or lIcense affected by thIS approval, please bung a copy of thIS letter WIth you when applymg for any permIts or hcenses that reqUIre thIS pnor development approval AddItIOnally, an appeal of a Level Two approval (FleXIble Development) may be InItIated pursuant to SectlOn 4-502 B by the apphcant or by any person granted party status WIthm 14 daysJof the date of the CommunIty Development Board meetmg August 24, 2004 F Blake Longacre - Page Three The ftl10g of an apphcatIOn/nOtIce of appeal shall stay the effect of the decIsIOn pendmg the fmal determmatlOn of the case The appeal penod for your case expIres on September 7,2004 If you have any questIOns, please do not hesItate to call MIchael H Reynolds, AICP, Planner ill, at 727-562-4836 You can access zonmg mformatIOn for parcels wIthm the CIty through our websIte www c1earwater-fl com Smcerely, CynthIa H Tarapam, AICP Planmng DIrector S. \Plannmg Department\C D BlFLEX\JnaClIve or Fmtshed AppllcatlOlls\Myrtle S 610 Old Cleanvater City Flats & Wells Court (C) _ ApprovedlMyrtle S 610 Development Order August 24 2004 doc FAX COVER MEMO CITY OF CLEARWATER PLANNING DEPARTMENT 100 S. MYRTLE AVE., 2nd Floor CLEARWATER, FL 33756 (727) 562-4567 FAX: (727) 562-4865 TO: )tA)(;{- t.- Vt-tAJ{ ..... ]fAX: Iff.(' -1 D ro Phone: FROM: /ft/k.1l- ~ ~ I tI.r tf-( 7- 6V Phone: d6-Z - rr,P .?b DATE: SUBJECT: ~ 2nr?rr~ p rh 7 <7 . , I' MESSAGE: J"L.fJ d~/..Ad' --- NUMBER OF PAGES(lNCI",UDING THIS PAGE) ",7 MEMORANDUM TO: FROM: RE: DATE: Members of the Commumty Development Board MIchael H Reynolds, AICP, Planner ill f'1I% FLD2004-05039, 610 S Myrtle Avenue / August 17, 2004 The staff report for thIS proJect Includes a condItIOn (number 9) that overhead lInes along road frontages be buned per Code (and not conflIct wIth proposed trees) pnor to CerttfIcate of Occupancy As thIS condItIon IS redundant to condItIon number 10, It IS removed from the staff report recommendatIOn for approval The Staff recommendatIOn for thIS case contmues to be for APPROVAL of the FleXIble Development applIcatIon to permlt a mIxed use development WIth reductIOns to the front (east) setback along Myrtle Avenue from 25 feet to 15 feet (to pavement) and 21 feet (to bUIldmg), the sIde (south) setback from 10 feet to five feet (to pavement), the rear setback of 20 feet to 10 feet (to pavement) and a bUIldmg heIght mcrease from 25 feet to 59 17 feet from fInIshed floor elevatlon (FFE) to roof mtdpomt, as a ComprehensIve Infill Redevelopment Project, under the provlslOns of SectIOn 2-704 C With the follOWIng bases and condItIOns Bases for Approval 1 The proposal comphes WIth the FleXIble Development cntena as a ComprehensIve Infill Redevelopment Project per SectIOn 2-704 C 2 The proposal IS In complIance WIth other standards In the Code mcludmg the General ApphcabIlIty Cotena per SectIOn 3-913 3 The development IS compatIble WIth the surroundIng area and WIll enhance other redevelopment efforts CondItIons of Approval 1 That a rmnor lot adjustment, conSIstent With the lot layout as proposed by the SIte plan, be approved by the CIty and recorded at Pmellas County, pnor to any bUIldmg penmt Issuance, 2 That the fmal deSIgn and color of the bUildIng be conSIstent WIth the conceptual elevatlons submttted to, or as modIfIed by, the CDB, 3 That all Fire Department reqUIrements be met poor to the Issuance of any permIts, 4 That pnor to bUIldmg permIt Issuance, all RecreatIOn Land and RecreatlOn FaCIlIty Impact fees are due for the 48 reSidentIal UnIts (If there IS a decrease to the bUIldmg coverage from 53,809 square feet to 28,737 square feet, the Open Space Impact fee WIll not apply Contact Deb Richter, of the RecreatIon staff, to calculate the assess men t), 5 That a report mcludmg a SOlI bonng WIth seasonal hIgh water determmatlOn and percolation rates, SIgned and sealed by a ProfeSSIOnal Engmeer, be prOVIded pnor to bUildIng permIt Issuance, 6 That a SWFWMD PermIt or Letter of ExemptIOn be submItted pnor to bUIldmg permIt Issuance, 7 That a copy of the utIlIty easement for samtary pIpelme proposed along the south boundary of the project be provIded pnor to bUIldmg permIt Issuance, 8 That an ImgatlOn plan, desIgned to the satisfactIOn of Planmng staff, be provIded pnor to bUIldmg permIt Issuance, 9 That ovcrhcad Imcs 1lloHg road frontagc3 '.'1111 need to bc buncd per Codc (aRd not cOHfhet wIth pfoposed trees) pnor to CertifIcate of Occupancy, 24e That all proposed utIlIties (from the nght-of-way to the proposed bUIldmgs) be placed underground and mstallatIOn of condmt(s) along the entue length of the SIte's street frontage be completed pnor to the Issuance of the fIrst CertIfIcate of Occupancy, 1O-H That a condorrumum plat be recorded wIth Pmellas County pnor to the fIrst CertIfIcate of Occupancy, 111-2 That TraffIC Impact Fees are to be assessed and paId pnor to the flfst CertIficate of Occupancy, and 12+3 That all slgnage meet Code and be archItecturally mtegrated mto the deSIgn of the Site and/or bUlldmgs S \Plamung Deparrmenf\C D H\FLE>N'endmg casd\Up for the next CD/JIMyrtle S 610 Old Clearwater City rialS & Well; Court (CJl,Myrtle 610 Amended CondlllOns Memorandum doc , . '"' ORIGINAL Lincoln Allen Civil Engineering Group, Inc. Jul} 15,2004 MIke Reynolds, Semor Planner CIty of Clearwater Planmng Department 100 Myrtle Avenue Clcarwater, Flonda 33758-4748 RE: Old Clearwater City Flats & Wells Court Applicant Response to Comments: Development Review Committee' Thursday, July 8,2004 Case Number: FLD2004~05039 -- 610 S MYRTLE AVE Applicant: F Blake Longacre 401 Corbett St Ste 110 Clearwater, Fl 33756 TELEPHONE 727 ~560-5596, FAX 727-446-1296, E-MAIL fbldev@tampabaYITeom -o'~~\ ~ r ~ n ~J.! I ~' r--/-:::l\ '~~)~UV6' \ "I 111 I II JUl 1$2004 rl!J PLANNING & D[:VELOPMENT SERVICES CITY OF CLEARWATER Dear Mr Reynolds We are In receIpt of the ORC comments whIch were dIscussed wIth Mr ChIp Gerlock and the DRC Staff In the meetmg on July 8,2004 We have reIterated all of the comments below m nomml pnnt wIth our response in bold italIc!>' prmt. Wc have attached the followmg Items to supplement OUT wntten responses · (15) Sets of Revised SIte Plan Sets · (15) Copy ofrevIsed Dramage CalculatiOns & Underdram CalculatiOns Request: FleXIble Development approval to penmt a mIxed use apphcatiOn for 48 reSIdentIal umts (condos), 1,757 square feet of retail space, and 1,000 square feel of restaurant WIth reductIOns to the front (east) setback along Myrtle Avenue from 25 feet to 15 feet (to pavement) and 21 feet (to butldmg) and the SIde (south) setback from 1 0 feet to five feet (to pavement) as a MlXed Use under the prOVISIOns of SectiOn 2-704 F Re~pOlJse: The above request narratlve should be revlsed by Staff to reflect 2757 SF of Retall Space Oil the r Floor of BmldbJg #100 a/Jd 1,600 SF of Restaura"t Spac.e 011 tlte r Floor of Bmldi1Jg #100, The initial AppllcatJOn aho mc.luded a statement requestmg approval for reside/Jnal bmldmg heIghts for bmldlllg~ #200,300 and 400, varyllJg between 46-feet and 58-feet. Also, as demollStrated on the Cover Sheet of the PlaItS ullder Slte Data, the appllcaJJt lS requesting approval for the i"terJOr greelJ space for the overall project to be 6% of tlte veh,cular use area, whJch is less tha/J the standard requirement of 10%. 1446 Court Street. Clearwater, FL 33756 Ph (727) 446-9000 · Fax (727) 446-9050 · E-MaIl SLmcoln@LACIvtl com. E-Mail SAllen@LAClvil com " ... r::=; '..0 r:: - -= I -""'\ [ I[~ I. l is_: II IL;:l J f"~\ J)~:~~:MlilJ i Ld I PLANNING & r,;:VELOPMENT SERVICES CITY OF CLE"RWATER Old Cleanvater City Flats & Wells Court FLD2004-05039 -- 610 S MYRTLE AVE 07/15/04 Page 2 of 10 Proposed Use: "Old Clearwater City Flats @ Wells Court" MIXed Use: 48 Condominium Units & Specialty Shops and Restaurant Neighborhood Assoclation(s): No Neighborhood Association Data Presenter. MIke Reynolds, Semor Planner (Chlp Gerlock was presenter @ 7/8/04 DRC) Response: The above Project Name and Proposed Use have been added as clarified by the Applicant. The DRC reviewed this applicatIOn with the following: comments on 7/8/04: General Engineering: Need to Identify street names on all sheets Respome: All plan sheets have been revised a~ reque'ited to depict the adjacent street names. 2 The CIty wIll provIde all water mam taps All apphcable fees to be paId for by the applicant Response: Acknowledged, All water mam taps shown on the plans (sheets 6 & 6A) have been noted as requested above. 3 Need to proVIde a separate F D C for each spnnkled buIldmg Response: An independent FDC is now shown on the utility plans (sheets 6 & 6A) to be connected up~tream of a DDCV A for each group of umts in each of bUlldmgy # 200, # 300, and # 400. The fire service and FDC lines are proposed to be 4" DIP up to the propo'ied rise closet for the sprmkler system. 4 Sheet No 6 shows a ten (10) domestic water meter bank for the most northerly sectIon of BUlldmg #200, along WIth a 2" domestic water meter for the most southerly portIon There are 20 umts sho\'ll1? Re'ponse: The utility plans have been revised to depict water service from the 6-inch loop lme to ea"h re~identiaJ building (#200, #300, #400) via 2-inch service mams where mdependent taps and 518-inch water meters Will be "banked" for each unit. 5 The double detector check valve assemblIes Will be field located They WIll be mstalled by the City All apphcable fees to be paId for by the apphcant Response: Acknowledged. The uhllty pJan~ (sheet 6 & 6A) have been noted as requested, 6 No samtary sewer servIce mdIcated for BUlldmg #300 (Sheet #6) Response: A 4-mch "wye" service connection to the proposed 8-itlc/' sewer transmission lme has been depicted on the utility plans (sheets 6 & 6A) for each residential umt for bUlldmgs # 200, #300, and # 400. - ,e:-, r.::J ~ ';\ 17 ~ r ' I (\.\ I \ \' - Ol~~;,\r::J~\~ ~ 10 j ,---~----' I .f\J\ .R ~ll I L_ 1 PLANNI~JG & r;-VELOPMENT l SERVICFS Need to show a domestic water meter per umt (bank meters for ea~h butldm ,11' Of ell:,' .:;"NATER Old Clearwater City Flats & Wells Court FLD2004-05039 -- 610 S MYRTLE AVE 07/15/04 Page 3 ofl 0 7 Response: The utility plans (sheets 6 & 6A) have been revised to depIct "banks" of 518-mch meters to serve each resIdentIal umt mdependently. 8 Water mam pIpe to fire hydrant assembly's (F H A) need to be ductIle Iron If dIstance from water mam to FHA IS 10 ft or greater Re~ponye: Acknowledged. The proposed Public FHA on Turner Street in front of bUilding #100 IS greater than 10-feet from the water main and is proposed to be DIP. All other proposed Private FHA's are less than 1 O-feet from the proposed 6-inch loop line and wIll be PVC C-900 pipe. 9 No samtary sewer servIce mdIcated for BUIldmg #100 and the bUIldmg lymg east ofBUlldmg #100 along Turner Street Re!}ponse: Sanitary sewer service for bUIlding # 100 is depicted on the reviyed utility plan sheets 6 & 6A, via a 6-mch lateral system. 10 Need to prOVIde mdIvIdual samtary sewer '\vye's" for each umt Response: {Same as # 6 above} 11 Proposed samtary sewer between structures S-3 and S-2 IS shown bemg constructed on the neIghbor's property Response: The applicant intends to reserve a 10-foot wide unlity easement straddling the common property lme for the project and the property to be retained by the seller (ReS, fnc). The document is intended to be provided to staffprlOr to bUilding permit~. 12 All utilIties are to be buned Re~pon~e: Acknowledged. All ollsite utilities are to be underground. The applrcant ha!} also agreed to illstall conduits for local power and telephone unllty companies to relocate overhead WlTe~ below grade at their discresslOn. The correspondmg condUlt~ are presented on plan ~heet!} 6 & 6A. All of the above to be addressed pnor to CDB RespollSe: Acknowledged. The followmg to be addressed pnor to bUIldmg permIt I Need to record final plat WIth Pmellas County pnor to the Issuance of a bUIldmg permIt Old Cleanvater CIty Flats & Wells Court FLD2004~05039 -- 610 S MYRTLE AVE 07/15/04 Page 4 of 10 Response: EnvIronmental: No Issues Reypome: Fire: PLANNING & D,VELOI:>MENT SERVICES G1TY OF CLE,\RWATE~ The applicant's ulJderstalJdmgfrom prIOr meetilJgs with the plalmmg staff(Mr. WaYlJe Wells) is that a lot line adjustment, Umty of Title, alJd Recordatwn of Deed~ will be reqUlred rather than re-plattmg the two parcels presently oWlJed by RCS, Inc. A cklJ0 wledged. 1 Where underground water mams and hydrants are to be mstalled, they shall be mstalled, completed, and m service pnor to constructiOn as per NFPA 241 Please acknowledge PRIOR TO CDB RespolJse: A 1J0te acknowledging this reqUlremelJt has beelJ added to utlilty plan sheets 6 & 6A, 2 There shall be no shut off valve between the Fire Department ConnectIon and the system As per NFP A 14, SectIon 4-3 1 FDC's cannot be on restncted hnes The UtilIty Sheet shows FDC Imes runnmg through DCV A's Please correct pnor to CDB Respome: The FDC's Will connect beYOIld the upstream Side of the DDCVA to the fire line for each group of reSidential UllitS, No shut off valves will be installed betweell the F DC and the fire sprilJkler system. Please see revised utility plall sheets 6 & 6A. 3 There are no FIre Department ConneatiOns shown for some of the bUIldmgs Please explam and/or correct pnor to CDB RespollSe: Each serIes ofulllts ill each of buildilJg~ # 200, # 300, alld # 400 are provIded With an indepelJdent 4-inch fire lIne with a DDCVA and 2 FDC upstream of the DDCVA. Please see revised utiilty plan sheets 6 & 6A. 4 Vertical clearance under entrance must be a mlOImum of 14 feet at Its lowest pro]ectlOn Please acknowledge pnor to CDB RespollSe: A note has been added to the Site Plan mdicatmg the entry clearance to be 14-feet mlmmum. 5 Plans submitted for Fire ReVIew musl reflect adherence to Flonda FIre PreventIOn Code, 2001 EdItIon and the followmg Codes NFPA 101, 2000 EdItIOn, NFPA 70, 1999 EdItIon and Flonda Statute 633 Show on a Code Reference Sheet Response: The fire sprinkler sy{!tem will be deSigned by a fire sprmkler system engilJeer ilJ accordance with the NFP A. The above code references Will be adhered to, as applicable, and will be submitted independelJ/ of LA Civil Plans, for fire review durmg building permit. The above reqUlrement have been acknowledged and lJoted OIl the revised utlltty plan sheets 6 & 6A. Old Clearwater City Flats & Wells Court FLD2004-05039 - 610 S MYRTLE AVE 07/15/04 Page 5 of 10 PLANNING & r>:-:VELOPMENT SERVICES CITY A>' CI_E,'qWATER 6 ProVIde drawmgs that have been prepared by or under the dIrectIon of an Engmeer reglstered under F S Chapter 471 for all fire sprmkler systems as per Flonda BuIldmg Code, 2001 EdItion, Sec 1044 1 3 Drawmgs shall be sIgned and sealed by a ProfeSSIOnal Engmeer as per F S 471 025 The mstallatIOn shall be m accordance wIth NFPA 13, 1999 EdItIon by a hcensed FIre Spnnkler Contractor under separate permIt WIth drawmgs Please acknowledge PRIOR TO BLDG PERMIT Response: Acknowledged and noted on the revised utility plan sheets 6 & 6A. 7 ProVIde drawmgs that have been prepared by or under the dIrectIon of an Engmeer regIstered under Chapter 471 Flonda Statutes for the Fire Alarm System as per Flonda BUlldmg Code 2001 EdItion, SectIon 1044 1 3 (5) Drawmgs shall be sIgned and sealed by a ProfeSSIOnal Engmeer as per 471 025 Flonda Statutes PRIOR TO BLDG PERMIT Response: Acknowledged and noted on the reVised utility plan sheets 6 & 6A. 8 FIre Alarm System mstallatIon must be m accordance WIth NFPA 72, 1999 EdItton by a hcensed FIre Alarm Contractor under separate plans and permIt PRIOR TO BLOG PERMIT Response: Acknowledged and noted on the reVised utlllly plan sheets 6 & 6A. 9 Clearances of 7 1'2 feet m front of and to the SIdes of the fire hydrant, WIth a 4- foot clearance to the rear of the hydrant are reqUired to be mamtamed as per NFPA 1, Sec 3-56 Please acknowledge PRIOR TO BLDG PERMIT Response: The revised utility plans depict the requested open area as 7.5 feet dIameter around the FHA's to be clear for fire access. 10 FIre Department ConnectIOns shall be Identified by a SIgn that states "No Parkmg, FIre Department ConnectIOn" and shaH be deSIgned m accordance WIth Flonda Department of Transportatton standards for mformatton sIgnage and be mamtamed wlth a clearance of 7 1'2 feet m front of and to the Sides of apphanee As per Flonda Flre Preventton Code, 2001 EdItion, modificatIon to SectIon 3-56 ofNFPA 1 Please acknowledge Intent to comply PRIOR TO BLDG PERMIT Response: The FDC reqUired 7.5 foot diameter clearance area is circumscribed on the revned utUlty plans, simIlar to each FHA. 11 Install a Knox Key Box for emergency access as per NFPA 1, See 3-6 and Install pnor to bUIldmg final InSpectIOn Please acknowledge Respollse: The requested Knox Key Box System WIll be prOVided by the applicant In accordance with NPFA, County, and CIty requirements. Old Clearwater City Flats & Wells Court FLD2004-05039 -- 610 S MYRTLE AVE 07/15/04 Page 6 of 10 ~ r re n \\0 Ie [);~~}6UVJb I PLANNING & r-:\!FLOr'MENT , SCi'1V,':-:C, I ern OF CU-:':~~VATEq Emergency access for entry gate must be provIded as per Pmellas County Ordmance-#98-4 AcKiiowled~e pnor to Butldmg PermIt 12 Response: Emergency aaesY for the entry gate ..hall be provided m accordance with Pmellas County Ordinance # 98-4, as requested. Harbor Master: No Comments Response: Acknowledged. Legal: No Comments Response: Acknowledged. Land Resources: No Issues Response: Acknowledged. Landscaping: Overhead hnes along road frontages WIll need to be buned per Code and WIll not confhct WIth the proposed trees If there IS an alternatIve proposal for these OHW, trees will need to be adjusted accordmgly Response: The applicant WIll coordmate with local utility compames wluch operate and mamtam overhead utIlities (OHU) along the Myrtle Avenue and Turner Street frontage to ascertam whether the OHU lines can be installed In conduIt.. below grade. If It is not allowed or is unfeasible to do so, the applicant IS proposmg to in..tall conduIt for each utilIty compal'Y for future relocatIOn when It become.. fea",ble for each utility company to do ~o. Parks and Recreation: RecreatIOn Land and RecreatIOn FacIlIty Impact fees are due for the new 48 reSidential umts pnor to I ssuance of butldmg permIt If there IS a decrease to the butldmg coverage (53,809 s f to 28,737 sf) the Open Space Impact fee WIll not apply ThIS fee could be substantial and It IS recommended that you contact Deb Richter at 727-562-4817 to calculate the assessment /' 3)~(CI~J~~ ~o ,j ( I -~!{ I )! Ul\, 11 II U: JUL I 5 2004 !~ '--' J I L _ !!-~I PLANf\llr~G 8, I" :vElOPMENT ! Old Cleanvater City Flats & Wells Court FLD2004-05039 -- 610 S MYRTLE AVE 07/15/04 Page 7 of 10 Response: Stormwater: SE r1Vl,'::ES CITY OF ell:.' "';'v\lA TER The applicant has coordmated with staff RE: hese lee!J and ulId-erstcmds the magnitude of the fees involved with this project. Provide eXlstmg and proposed dramage basin maps Response: The plans now mclude a Pre-development Basm Map (sheet 5A) and a Post Development Basin Map (!}heet 5B) as reque~ted 2 Clty cntena for pond recovery IS 24 hours AdditiOnal underdram and revised calculatIOns are necessary Response: AdditIOnal underdraw has been added in each of Pm,ds #2 and # 3 to provide for 24- hour pond recovery. The underdram calculations are attached for Maff review. 3 Rernmmg walls are not allowed adjacent to property hnes or Tlght-of-ways Walls WIll be allowed on two Sides of each pond, but they must be moved Label walls as such Response: All pond retaining walls, except one, (alOlJg Myrtle) are proposed to be mterior to the !}Ite and away from ngltt-of-way and property lines. We are requeMmg Maffs approval of the East wall in pond # 3, which is proposed 7.5 feet from the right-of-way lme. Since the frontage alOllg Myrtle Will be fenced, we believe safety concerns should be mmlmal. We ask that staff conSider that shiftmg the wall to the mterlOr west Side of pond # 3wi/l be more of a safety concern to traveling vehicles and residento; on foot. RelocatIOn of the wall would also adversely impact the pond storage capacity. We ask that stajJ also realrze that the reqUired pond capaCity IS a hardship on this project caused by a pre-development runoff coeffiCient of 0.20, allowing no credit for the existing 100% impervious site conditions. Hence, since the property is considered by staff to be contributmg to local flooding, the actual runoff coefficient of 0.95 IS gIven no conSideration for redevelopmelzt. All of the above needs to be proVided pnor to CDB A SOlI bonng WIth Seasonal hIgh water determmatlOn and percolahon rates WIll be reqUIred pnor to any bUIldmg permIts ThIS SOils report needs to be SIgned and sealed by aPE Solid Waste: No Comments, However, per 7/8/04 DRC Meetmg, Appl1cant encouraged to use City proVided compactor Response: The applicant IS presently revlewitlg the use of compactor(s) versu!} dumpster!}. ITO\}~f~~\\r~ ~\\l ~ \:::;: l~ U \) Ll~ l I \ I I ~, < --: I I j I lnl! JUL I 5 2004 ::~! L-_ --.-I PU\~lr..Jl~Jl-: &"~ >::L IJP1.\ENT ",EP jl( c:~ CIT' OF Cd-, 'WATER Old Clearwater City Flats & Wells Court FLD2004-05039 -- 610 S MYRTLE AVE 07/15/04 Page 8 of 10 Traffic Engineering: All dnveways at a 90 degree angle must be at least 19' long from face of garage and road must be 24' wIde to accommodate vehIcle backmg out of a dnveway Response: The Site Plan has been reVised to provide all 900 parking @ 9' x 19' dimensions with 2- way, 24' drive alsles. Each of (47) condomlnlum units wlllhave a garage for inlme parkmg of(2} car... No parking will be allowed in the 16' driveways for each Utllt. The 4lfJ. unit will be the model Unit ltl bUilding # 300 and will trove (2) parkmg ~pa'e!J across from the burldmg, 2 Correct parkmg stall count on cIvd SIte plan Sheet 4 Respon..e: The parkmg counts have been corrected on the Site Plan and are tabulated for each use on the Cover Sheet of the plan. 3 Show dImenslOns for dnveway WIdth Response: All driveways and drive aisles have been dimemioned 01' the S,te Plan as requested. 4 Show angle of parkmg spaces Angled parkmg spaces must comply WIth CIty standards (Commumty Development Code SectlOn 3-1402) Response: Angled parking spaces are no longer proposed. 5 ProvIde accessible routes from bUlldmg entrances to a public SIdewalk and from bUlldmg (resIdentIal) to bUlldmg (retaIl, restaurant)(Flonda BuIldmg Accesslblhty Code Chapter 11, SectlOn 11 432) Re'qJonse: An accessible pedestrian sidewalk route is now depicted on the revlsed site plan to allow resldents to travel from the condomrnlum UlIlts to the clubhouse and to the retail shops and restaurant. 6 All traffic SIgnS and markIngs must comply With the current Manual on Umform Traffic Control DeVIces Resp01rse: All traffic ~igm and \trlping are depicted to comply wah MUTeD. 7 PrOVide left turn lane on Turner Street for vehIcles entenng SIte Response: LA CiVil reviewed the wndltions of Tllrner Street iI' the field and discussed with staff the fact that Turner Street is paved 40-feet wide from curb-to-curb. Staff requested that Turner Street be re-stTlped to provide a left turn lane both at the Myrtle Avenue Signal and for weM bound left turns into the project. We have depleted the turn lane configuration on the revised Sue Plan. However, staff should be aware the existing parking on the street would be ellmmated which could disrupt local buyineY'ile... In addition turn lane capaclty will be llmlted and the tran\ition length at the rai/road tracks may he fjuhstandard. ,----' \ , ,.::J ~ ~ ,~ r.:=:1 \\ J ~ \ ~c \~~\c:;~~~{\).\ \ b ---- ;'~\:!J\ J}r- "\ \\ ,,\\ J\JL' 5 LOt!4 \~. - \ \\.1 ~"\ ~EN1 ~ - 9-. r':\J'Gl . <y nNN\NG - ,,'-;:"\~s I < '..p .-c"\l,,\,-,~ Po ;;:....-, - 'Jp.1E c: (;L-E,' 1 ,~ ell'< Or Old Clearwater City Flats & Wells Court FLD2004-05039 -- 610 S MYRTLE AVE 07/15/04 Page 9 of 10 8 Include a current City of Clearwater detail of dlsabled parkmg stall an Respom,e: The disabled parkmg detarl has been added to the SIte Plan as requested. 9 BUlldmg square footage on SIte plan and narratIve for retaIl specIalty and restaurant must match Response: The buildmg gross floor area~ have been revi~ed on the Cover Sheet of the plan. 10 All of the above to be addressed pnar to COB Respon'I e: Acknowledged * Traffic Impact Fees to be assessed and paid pnor to co Response: Planmng: Acknowledged Label aU streets on SIte plan sheet 4,5,6, and L~l Respome: All 'Iheet<; 4,5,6, and L-l deplct the adjacent !Jtreet names as reque'ited. 2 Need to notate on SIte plans the heIght and style of proposed fencmg to enclose the reSIdentIal umts Only bnck or other masonry walls or walls WIth masonry columns hnked by substantIal gnll work shall be permitted to a maXImum height of SIX feet In a reqUired front setback The fence along Myrtle Avenue exceeds 100 feet m length along the street nght of way and must be eIther offset to create mset areas of al least eIght feet m WIdth and depth for landscapmg treatment or non-opaque opemngs In the walls or fence shall be proVIded through the use of wrought Iron or SImIlar types of wall treatment or some archItectural features such as a column or other features IS used to offset the unbroken nature of the fence of wall Response: The plans have been modified to include a 6' wrought Iron fence to be Installed between decorative pilasters at 40 feet center-to-center all along the perimeter of the residential portion of the project. Landscaping is intended to be aesthellcally Integrated along the interior of the fen a line. 3 Front slopes of stormwater detention/retentIOn areas may compromise up to 50 percent of any reqUIred landscape buffer Width The detentIOn along Turner St must be repoSItIoned elsewhere on the property preferably behmd the retaIl/restaurant umts movmg the retaIllrestaurant umts to 20 feet from property hne along Turner St Response: The pond # 1 and # 2 dopes have been revised to occupy only 50% of the 15-foot TUrtler Street buffer. Because thiS has Impacted the originally proposed pond #1 and # 2 s~orage capaCity, we are ftoW proposmg an underground storm vault (L x W x D: 50' x 20' x 3') beneath the retail drive aisle (see 'Iheet 5 of plans). Old Clearwater CIty Flats & Wells Court FLD2004-05039 -- 610 S MYRTLE AVE 07/15/04 Page 10 of 10 O ,~~fc.~~gl\U\\ <i d\ )} U.\ ~ 152004 J~ p~;-iG & r;!"Vr-ELOPMENT SEflV1\J'- S CITY or CLEf1WATER Please Contact our office If you have any further questIons regarding the project We look forward to your approval and to reVIew of the project before the CIty of Clearwater CDB on August 17,2004 Cc F Blake Longacre, FBL Development, Inc II] z o i= <{ ...I ::l U ...I <{ U ll:: w I- ~ :;; ll:: o l- V! 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STORMWATER WORK SHEET 7/14/2004 JUl I 5 2004 0\ IS!, <' PROJECT NAME OLD CLEARWATER CITY FLATS AND WELLS CO PLANNING & rr:VELOPMENT SERVICES CITY OF CLE.\RWATER PROJECT NUMBER 091-001 FILENAME UNDERDRN XLS 7/14/04 05 02 PM UNDERDRAIN STAGE-DISCHARGE & TIME (PONDS 1 & 2) UNDERDRAIN TOTAL LENGTH" 41 It NO OF RUNS " DIAMETER = 6 In SLOPE = 020 % LOWEST INVERT " 2117 AVERAGE INVERT" 2121 HIGHEST INVERT" 2125 CAPACITY " 783 1t^31hr MANNINGS n " 0015 PERMIABILlTY (K) " 540 ftlhr DRAINAGE AREA " o 704 acres 30 673 fl^2 17-25 RETENTION " 1,278 fl^3 DEFAULT VALUES 2200 135 Lmax L mln WIDTH 2420 022 2611 410 200 100 Lmax L mln L avg 'A' 'q E H h WATER 'V' MAX MIN AVG I FIL TER INCR Q T LAKE TOTAL INCR SURFACE INCR FLOW FLOW FLOW HYD AREA FLOW AVG INCR ELEV HEAD HEAD AREA VOLUME LENGTH LENGTH LENGTH GRAD A"LxW Q"KrA FLOW TIME (NGVD) fI fI f1^2 fl^3 It It fl I" HILavg fl^2 f1^3Ihr fI^3lhr hours 2420 274 2,611 410 200 305 090 41 199 022 547 191 287 2398 252 2363 410 200 305 083 41 183 022 493 175 282 2376 230 2,116 410 200 305 075 41 167 022 438 159 276 2354 208 1,868 410 200 305 068 41 151 022 384 143 268 2332 186 1,621 410 200 305 061 41 135 022 329 127 259 2310 164 1373 410 200 305 054 41 119 022 275 111 247 2288 142 1,125 410 200 305 047 41 103 022 220 95 232 22 66 120 878 410 200 305 039 41 87 022 166 79 209 2244 098 630 410 200 305 032 41 71 022 111 63 176 2222 076 383 410 200 305 025 41 55 022 57 47 120 2200 054 135 410 200 305 018 41 39 REQU IRED 1/2- TREATMENT VOLU ME (f1^3) = 1,278 TOTAL TIME (h~) " 1788 PROVIDED TREATMENT VOLUME (1t^3) " 3,021 TOTAL TIME (h~) = 23 56 UNDERDRN-PONDS 1 & 2_ 41LF xis REQUIRED 1/2" TREATMENT VOLUME (ft^3) " 1846 PROVIDED TREATMENT VOLUME (ft^3) = UNDERDRN-PONDS 3 & 4_82 5LF xis 3781 TOTAL TIME (hrs) = 6,505 TOTAL TIME (hrs) = 2330 .; " FAX COVER MEMO CITY OF CLEARWATER PLANNING DEPARTMENT 100 S. MYRTLE AVE., 2nd Floor CLEARWATER, FL 33756 (727) 562-4567 FAX: (727) 562-4865 TO: F. (j t~..u LoAf ~ FAX: ,/~h ~ ~ .#600 Phone: FROM: MI/{L ~~ Phone: S--62--~F'J , DATE: &, -/$1'..-0 Y SUBJECT: (/wl1/bbl.( - OJ-O J r MESSAGE: NUMBER OF PAGES (INCLUDING THIS PAGE) 2- ~~arwater C I T Y 0 F C L E _... R W ATE R PLANNING DEP AR TMENT MUNICIPAL SERVICES BUILDING 100 SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756 TELEPHONE (727) 562-4567 FAX (727) 562-4576 WWW MYCLEARW A TER COM () June 14, 2004 F Blake Longacre 401 Corbett Street SUite 110 Clearwater, FI 33756 RE FLD2004-05039 -- 610 S MYRTLE AVE -- Letter of Completeness Dear F Blake Longacre The Planmng Staffhas entered your applIcatIon mto the Department's filIng system and assIgned the case number FLD2004-05039 After a prelImmary reVIew of the submItted documents, staff has determmed that the applIcatIOn IS Complete The Development RevIew Comnuttee (DRC) wIll reVIew the applIcatIon for sufficiency on July 08, 2004, m the Plannmg Department conference room - Room 216 - on the second floor of the MUnICIpal ServIces BUlldmg The bUlldmg IS located at 100 South Myrtle Avenue m downtown Clearwater Please call Sherry Watkms, AdmInIstratIve 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 Letter oj Completeness - FLD2004-05039 - 610 S MYRTLE A VE If you have any questIons, please do not hesItate to contact me at 727-562-4836 or MIke Reynolds@mycIearwater com Smcerely yours, h,/~D.~~ Mike Reynolds, AICP SenIor Planner ORIGINAL " MEMORANDIlM TO: FROM: HE: DATE: Members of the CommuOlty Developmeur Boam Michael H Reynolds, AICp, Planner m I'f/!:J!!( FLD2004-05039, 610 S MYrtle Avenue :c---- August 17,2004 The staff report for thIS project mcludes a con<bbon (number 9) that Overhead lmes along road frontages be bUned per Code (and not contl,ct WIth proPOsed !Tees) POor to CertJticale of OcCupancy As thIS con<bbon IS redundant to con<bbon number 10, It IS remOved from the Staff report recommendabon for approVal The Staff recommendatJon for thIS case Conbnoes to be for APPROV J\L of the FleXIble Development apphcabon to penrut a mIXed Use development wJth reducbons to the front (east) setback along MYrtle Avenue from 25 feet to 15 feet (to pavement) and 21 feet (to bUI/<bng), the SIde (south) setback from 10 feet to five feet (to pavement), the rear setback of 20 feet to 10 feet (to pavement) and a bWI<bng helghtmcrease from 25 feet to 59 17 feet from fimshed tloor elevabon (FFE) to roof nudpomt, as a ComprehensIVe lnfiJj Redevelopment ProJec~ under the proVISIons of Secbon 2-704 C WIth the fol/owmg bases and CondltJOns ~ases for ADDrovaL 1 The proposal CompIles wJth the FleXIble Developmeur Cntena as a ComprehensIVe Infil/ Redevelopment Project per Secbon 2-704 C 2 The proPOsal JS 10 cOmpllaoce WIth other standards 10 the Code IOcludmg the Genera] APPlIcabIlIty Cntena per SectJOn 3-913 3 The developmeur IS compabble WIth the SlIJToun<bng area and wI/I enhance other redevelopment efforts .QondltJOns of ADDrov& 1 That a nun Or lot adjUstment, consIstent WIth the lot layout as proPOSed by the sJte plan, be approVed by the Cuy and recorded at PInel/as County, POor to any bWI<bng pemtJt ISsuance, 2 That the final des.go aod color of the bUI/<bng be COOSlslent WIth the COnceptual elevabons submuted to, Or as modJfied by, the CDB, 3 That all FJre DePdl1meur reqwrements be met pnor to the ISSuance of any penruts, 4 That POor to bWI<bng penrut ISSuance, all Recreabon Land and Recreabon Facl/Uy Impact fees are due for the 48 TCsldenbal Umts (If there IS a decrease to the bWI<hng COVerage from 53,809 square feet to 28,737 square feet, the Open Space Impact fee WlI/ not apply Contact Deb RJchler, of the Recreabon staff, to ca/culale the assesSment) , 5 That a report mclu<hng a sol/ bonng WIth seaSOnal lugh waler delenrunabon and jlercolabon Tales, SJgoed and Sealed by a ProfesSIOnal EnglOeer, be proVIded pnor to bUIldmg penna ISSuance, 6 That a SWFwMn Penrut or Letter of ExemPbon be subnutted pnor to bWI<hng penna ISSuance, ... ;' 7 That a copy of the utIlIty easement for samtary pipelIne proposed along the south boundary of the project be provided pnor to bUlldmg penmt Issuance, 8 That an ImgatIon plan, designed to the satIsfactIOn of Planmng staff, be provIded pnor to bUlldmg permIt Issuance, 9 That ovcrhca.d lmcs along rood frontagcs will Aced to be buned per Code (afld flot conflIct '.VItA proposed trees) pnor to CertifIcate Dr Occupancy, 2ffi That all proposed utIlities (from the nght-of-way to the proposed bUlldmgs) be placed underground and 1OstallatlOn of condUlt(s) along the entIre length of the site's street frontage be completed pnor to the Issuance of the fust Certificate of Occupancy, 10!-! That a condom1OIUm plat be recorded wIth P10ellas County pnor to the first CertIfIcate of Occupancy; llH That Traffic Impact Fees are to be assessed and paId pnor to the first CertIficate of Occupancy, and 12-8 That all sIgnage meet Code and be architecturally mtegrated mto the design of the SIte and/or bUlldmgs S \Planning Deparlmen^C D B\FLEXlPendlllg CIlseAUp for tile next CDBlMyrtle S 610 Old Clearwater CIty Flats & Wells Court {CJlMyrtie 610 Amended CondltlolJs Memorandum doc ,.. ORIGINAL CDB Meetmg Date Case Number Agenda Item Owner! ApplIcant Represen tati ve August 17, 2004 FLD2004-05039 F3 ReligIOUS Commumty ServIces (RCS), Jnc F Blake Longacre (c/o Corbett Development, 401 Corbett Street, SUite 110, Clearwater, FL 33756: phone 727-446-9000, fax 727-446-9050, e-mail silncoln@laClvIl com and blldev@tampabavITcom 610 South Mvrtle Avenue Address CITY OF CLEARWATER PLANNING DEPARTMENT STAFF REPORT GENERAL INFORMATION: REQUEST: FleXIble Development approval to permit a nnxed use development wIth reductions to the front (east) setback along Myrtle Avenue from 25 feet to 15 feet (to pavement) and 21 feet (to bUlldmg) and the side (south) setback from 10 feet to five feet (to pavement), and a bUlldmg heIght mcrease from 25 feet to 5917 feet from fInIshed floor elevatIOn (FFE) to roof mldpomt, as a ComprehensIve Jnhll Redevelopment ProJect, under the provIsIons of SectIOn 2-704 C EXISTING ZONINGILAND USE: C, CommercIal DIStnct, CG, CommercIal General Category PROPERTY SIZE: 2 79 acres PROPERTY USE: Current Use Vacated hardware store and constructIOn lot Proposed Use MIxed-use development wIth 48 attached reSidential dwelhngs, 2,757 square feet of retail space, and 1,600 square feet of restaurant space ADJACENT ZONINGILAND USES: North Downtown Dlstnct, Warehouse, Newspaper, and Government bUlldmgs East Office DIstnct and Commercial Dlstnct, OffIces South OffIce DIStnct, Offices West. Downtown Dlstnct, Multi-family reSIdential and RetaIl CHARACTER OF THE IMMEDIA TE VICINITY: Commercial, offIce, and reSidentIal uses donnnate the surroundmg area Slaff Report - Community Development Board - August 17, 2004 - Case FLD2004-05039 - Page 1 ANALYSIS: Site Location and Existing Conditions: The 2 79-acre overall site IS located on the west side of South Myrtle Avenue and south of Turner Street East Avenue and railroad tracks frame the west sIde of the site The property at the south fronts onto DruId Road Near the middle of the property IS Pme Street, mtersectmg With South Myrtle Avenue Presently on SIte there are warehouse bUIldmgs All of the eXIstmg structures are to be removed or demohshed. The eXlstmg SIte has the potentIal to be pedestnan fnendly wIth the downtown located a short dIstance away Nelghbonng the sIte are offIces, a church, a Head Start facIlIty, and a smgle-falTIlly residentIal neighborhood To the west IS the recently bUIlt Publtx grocery store and shops Proposal: The applIcant IS proposmg a lTIlxed-use development compnsmg of 48 attached reSIdentIal dwellIngs, 2,757 square feet of retail space, and 1,600 square feet of restaurant space The sIte plan submIttal proposed a well landscaped plan The SIte IS deSIgned to Include seven separate reSidentIal bUIldmgs with a total of 48 umts and a restaurant and shops bUlldmg franung a courtyard WIthm the courtyard IS a clubhouse and sWllnmmg pool The reSIdentIal bUlldmgs have three and four stones above parktng (four bUIldmgs are three stones and three bUIldIngs are four stones) The retal! shops and restaurant bUlldmg IS two-stones In height. The clubhouse bUIldIng IS deSigned to be a one-story bUIldIng The bUlldmgs have large WIndows, some rectangular and some arched There are 126 parktng spaces proVIded on SIte, with 94 of the spaces located wIthm garages For the uses proposed, the reqUIred parktng would be 110 spaces BUlldmg height, for the hIghest bUIldmgs proposed IS 5917 feet from finIshed floor to mId pomt of the roof The maximum denSity at thiS SIte would allow up to 66 dwelhng umts Vehicular access to the sIte IS VIa South Myrtle Avenue only There IS pedestnan access by gate to thIS proposed mixed-use site A landscape plan IS mcluded WIthm the sIte plan set The proposal IS seekmg ComprehenSive rnfill Redevelopment The CIty Commumty Development code states that the dimensIOnal controls for lTIlmmum lot area, lot Width, bUlldmg heIght, and setbacks are not applIcable The site plan shows reductIOns to front, rear, and Side setbacks and an Increase m bUlldmg heIght The proposed setback reductIOns and the bUlldmg heIght mcrease are needed m order to make the deSIgn work. The sWlmmmg pool and club house, espeCIally as deSIgned on SIte, help to make thIS project attractive as a lIvable commumty very close to downtown Clearwater Code Enforcement Analysis: As of Apnl 2004, there was a lot cleanng/debns VIolatIon Staff Report - Commumty Development Board - August 17, 2004 - Case FLD2004-05039 - Page 2 ,) COMPLIANCE WITH STANDARDS AND CRITERIA: (Sections 2-701.1 and 2-704. STANDARD PROPOSED CONSISTENT INCONSISTENT MAXIMUM 48 dwelhng Units X DENSITY (66 dwellin2 units) IMPERVIOUS 0.76 X SURFACE RATIO (ISR) (.95 maximum) Minimum Lot Area 2 79 acres X (10,000 square feet) Minimum Lot Width 275 feet X (100 feet) FRONT SETBACK 15 feet to pavement and 21 feet to X* (25 feet minimum) bUlldmg (east setback along Myrtle Avenue REAR SETBACK (20 10 feet to pavement x* feet minimum) SIDE SETBACK (10 5 feet to pavement (south SIde X* feet minimum) setback) HEIGHT (maximum 59 17 feet X* 25 feet) PARKING SPACES 126 spaces X (110 spaces required) * See analYSIS for diScussIon. Note ReSIdentIal attached Units are not a penrutted land use wIthm the CommercIal zoning dlstnct As such, there are no other standards to apply to the proposal, which IS a ComprehenSIve Inflll Redevelopment proposal COMPLIANCE WITH FLEXIBILITY CRITERIA (Sections 2-704.C and 2-1004.B): ConsIStent Inconsistent 1 The development or redevelopment of the parcel proposed for X development IS otherwise ImpractIcal WIthout deVIatIOns from the use, mtensIty and development standards 2 The development of the parcel proposed for development as a X ComprehenSive lnfdl Redevelopment Project WIll not reduce the fatr market value of abuttmg propertIes 3 The uses wlthm the ComprehensIve Inflll Redevelopment Project are X otherwIse penmtted m the CIty of Clearwater 4 The use or miX of uses Wlthm the Comprehen SI ve Iofdl X Redevelopment Pro.lect IS compatIble With adjacent land uses 5 SUItable sItes for development or redevelopment of the uses of ITIlX of X uses wIthm the ComprehensIve Inflll Redevelopment Project are not otherwIse avatlable In the CIty of Clearwater Staff Report - Commumty Development Board - August 17, 2004 - Case FLD2004-05039 - Page 3 6 The development of the parcel proposed for development, as a ComprehensIve Infill Redevelopment Project wIll upgrade the ImmedIate VIclmt of the arcel ro osed for develo ment The desIgn of the proposed Comprehensive InfIlI Redevelopment Project creates a form and functIon that enhances the commumty character of the Immediate VICInIty of the parcel proposed for develo ment and the Clt of Clearwater as a whole flexibIlIty III regard to lot WIdth, requlfed setbacks, heIght and off- street parkmg are Justified by the benefIts to commumty character and the Immediate vlcmlty of the parcel proposed for development and the Clt of Clearwater as a whole Adequate off-street parkmg m the ImmedIate VICInIty accordmg to the shared parking formula m DIVIsIon 14 of ArtIcle 3 Will be aVaIlable to aVOId on-street parkmg In the Immediate VICInIty of the parcel ro osed for develo ment x x x x Cowilstent InconsIStent 1 X 2 X 3 X 4 X 5 of the X 6 X 7 8 9 COMPLIANCE WITH GENERAL STANDARDS (Section 3-913): SUMMARY AND RECOMMENDATION: The Development RevIew Committee reviewed the applIcatIOn and supportlOg matenals at Its meetmg on July 8, 2004 The Plannmg Department recommends APPROVAL of the FleXible Development applIcatIon to permIt a ffilxed use development with reductIons to the front (east) setback along Myrtle Avenue from 25 feet to 15 feet (to pavement) and 21 feet (to bmldmg), the SIde (south) setback from 10 feet to fIve feet (to pavement), the rear setback of 20 feet to 10 feet (to pavement) and a bmldmg heIght Increase from 25 feet to 59 17 feet from fmlshed floor elevatIOn (FFE) to roof mtdpomt, as a ComprehenSIve Infdl Redevelopment ProJect, under the provISIons of SectIOn 2-704 C with the followmg bases and conditIOns Bases for Approval 1 The proposal complIes with the FleXIble Development cntena as a ComprehenSIve InfIlI Redevelopment Project per SectIOn 2-704 C Staff Report - CommuDlty Development Board - August 17, 2004 - Case FLD2004-05039 - Page 4 2 The proposal IS III compliance with other standards 10 the Code mcludmg the General ApplicabIlity Cntena per SectIon 3-913 3 The development IS compatIble wIth the surroundmg area and WIll enhance other redevelopment efforts CondttIons of Approval 1 That a mmor lot adjustment, consIstent With the lot layout as proposed by the sIte plan, be approved by the CIty and recorded at Pmellas County, pnor to any bUlldmg penrut Issuance, 2 That the final deSIgn and color of the bUIldmg be consIstent wIth the conceptual elevatIons submttted to, or as modIfied by, the CDB, 3 That all FIre Department reqUirements be met pnor to the Issuance of any penruts, 4 That pnor to bUIldmg penrut Issuance, all RecreatIon Land and RecreatIon Facthty Impact fees are due for the 48 reSIdentIal umts (If there IS a decrease to the bUlldmg coverage from 53,809 square feet to 28,737 square feet, the Open Space Impact fee wIll not apply_ Contact Deb RIchter, of the RecreatIon staff, to calculate the assessment), 5 That a report mcludtng a sOlI bonng WIth seasonal hIgh water determmatlon and percolatIOn rates, sIgned and sealed by a ProfessIOnal Engmeer, be provIded pnor to bUlldmg penrut Issuance, 6 That a SWFW:rvID PermIt or Letter of ExemptIon be sublTI1tted pnor to bUIldmg peflTI1t Issuance, 7 That a copy of the utIltty easement for samtary pIpehne proposed along the south boundary of the project be provIded pnor to bUIldmg permIt Issuance, 8 That an ImgatlOn plan, deSigned to the satisfactIOn of Planmng staff, be provIded pnor to bUlldmg penrut Issuance, 9 That overhead hnes along road frontages WIll need to be buned per Code (and not confhct With proposed trees) pnor to CertIficate of Occupancy, 10 That all proposed utIlities (from the nght-of-way to the proposed bUlldtngs) be placed underground and mstallatlOn of condUIt(s) along the entlfe length of the SIte's street frontage be completed pnor to the Issuance of the first certIficate of occupancy, 11 That a cOndOmInIUm plat be recorded WIth Pmellas County pnor to the first Certificate of Occupancy, 12 That TraffIc Impact Fees are to be assessed and paid pnor to the first Certificate of Occupancy, and 13 That all slgnage meet Code and be archItecturally mtegrated mto the deSign of the site and/or bmld1Ogs_ Preparedby PlanmngDepartmentStaff- Atl'-~ h. ~ MIchael H Reynolds, AlCP, Planner III Staff Report - Conunumty Development Board - August 17, 2004 - Case FLD2004-05039 - Page 5 A IT ACHMENTS Aenal Photograph of Site and VICtnlty LocatIOn Map Future Land Use Map Zomng Atlas Map ApplIcation S \Plannmg DeportmenflC D BlFLEXlPendmg casd\Up for the next CDlJIMyrtle S 610 Old CleaTltater CIty Flats & Wells Court (C)\Myrtle S 610 Staff Report dUI Stall Report - Commumty Development Board - August 17, 2004 - Ca.~e FLD2004-05039 - Page 6 Reynolds, Mike From. Sent. To. Cc. Subject: Scott Lincoln [shncoln@laclvll com] Monday, August 16, 2004 1 13 PM Reynolds, Mike F Blake Longacre Some Condlton rewording proposed M~ke. Blake and I revlewed the 13 cond~t~ons of approval and would l~ke to reword 5 , 9 and 10 to read as follows 5. (add second sentence) "The Staff wlll also cons~der subm~ttal hlstor~cal groundwater elevatlon data as a more accurate means of seasonal h~gh water table determ~nat~on " of ~6 9_ (Reword to state) That the Appl~cant w~ll endeavor to have the local ut~l~ty compan~es, at each company's cost, bury the ex~st~ng overhead ut~llty l~nes below grade to not confl~ct w~th the proposed trees In the event sa~d ut~l~ty companles d~sagree or relocat~on ~s deemed unfeas~ble by e~ther party, the subJect response shall be ~ssued ~n wrlt~ng by the Appllcant to the Staff pr~or to Cert~f~cate of Occupancy The Appl~cant w~ll then coord~nate w~th local ut~l~ty companles to lnstall proper sub-grade condUlt(s) for future use by each ut~l~ty company and the Appl~cant w~ll ~nstall trees, approved by the Plann~ng Staff, that wlll not ~mpact the ex~st~ng overhead ut~l~t~es_ Condu~t and tree ~nstallat~on shall be completed pr~or to Cert~f~cate of Occupancy. 10_ (Reword to state) That all proposed ut~l~t~es (from the r~ght of way to the proposed bu~ld~ngs) be placed underground Scot R~ce appeared to be flne w~th #5, when we prev~ously spoke Condltlons 9 & 10 seemed too open ended, so we suggest the above to clarlfy what we prevlously dlscussed wlth Arden Please advlse soon. Scott 1 06/17/2004 06/17/2004 06/17/2004 06/17/2004 06/17/2004 06/17/2004 06/17/2004 06/17/2004 06/17/2004 06/17/2004 06/17/2004 06/17/2004 J landscape 06/10/2004 06/1 0/2004 Conditions Associated With FLD2004-05039 610 S MYRTLE AVE Joe Colbert 562-4567 xt 3548 Where underground water mams and hydrants are to be mstalled, they shall be mstalled, completed, and In service prior to construction as per NFPA 241 Please acknowledge PRIOR TO COB There shall be no shut off valve between the FIre Department Connection and the system As per NFPA 14, Section 4-3 1 FDC's can not be on restricted Imes The UtIlity Sheet shows FDC lines running through DCVA's Please correct pnor to COB There are no Fire Department Conectlons shown for some of the bUildings Please explam and/or correct pnor to COB Vertical clearance under entrance must be a mmlmum of 14 feet at Its lowest projectIon Please acknowledge prior to COB Plans submitted for Fire ReView must reflect adherence to FlOrida Fire PreventIon Code, 2001 Ed Itlon and the follOWing Codes N FP A 101, 2000 EditIon, N FP A 70, 1999 Edition and FlOrida Statute 633 Show on a Code Reference Sheet ProVide draWings that have been prepared by or under the direction of an Engmeer registered under F S Chapter 471 for all fire sprinkler systems as per Flonda BUlldmg Code, 2001 Edition, Sec 1044 1 3 Drawmgs shall be signed and sealed by a ProfeSSional Engmeer as per F S 471 025 The Installation shall be m accordance WIth NFPA 13, 1999 EdItion by a licensed Fire Sprinkler Contractor under separate permit With draWings Please acknowledge PRIOR TO BLDG PERMIT ProVide draWings that have been prepared by or under the direction of an Engineer registered under Chapter 471 FlOrida Statutes for the FIre Alarm System as per Flonda BUilding Code 2001 Edition, Section 1044 1 3 (5) Drawmgs shall be signed and sealed by a ProfeSSional Engmeer as per471 025 Flonda Statutes PRIOR TO BLDG PERMIT Fire Alarm System Installatron must be In accordance With NFPA 72, 1999 Edition by a licensed FIre Alarm Contractor under separate plans and permit PRIOR TO SLOG PERMIT Clearances of 7 % feet In front of and to the Sides of the fire hydrant, With a 4 foot clearance to the rear of the hydrant are reqUired to be maintained as per NFPA 1, Sec 3-56 Please acknowledge PRIOR TO SLOG PERMIT Fire Department Connections shall be Identified by a sign that states "No Parkmg, Fire Department Connection" and shall be deSigned In accordance With Flonda Department of Transportation standards for Information slgnage and be malntamed With a clearance of 7 % feet In front of and to the Sides of appliance As per Flonda FIre Prevention Code, 2001 Edition, modificatIon to Section 3-56 of NFPA 1 Please acknowledge Intent to comply PRIOR TO SLOG PERMIT Install a Knox Key Box for emergency access as per NFPA 1, Sec 3-6 and Install prior to buJldlng final inspection Please acknowledge Emergency access for entry gate must be proVided as per Plnellas County Ordinance #98-4 Acknowledge pnor to BUilding Permit Arden Dittmer 562-4604 Overhead lines along road frontages WIll need to be bUried per Code and Will not conflict With the proposed trees If there IS an alternatIve proposal for these OHW, trees Will need to be adjusted accordingly The retention areas located In front of the bUlldmgs do not meet Code Land Resource Condition Rick Albee 562-4741 Print Date 08/11/2004 Page 1 of 2 Not Met Not Met Not Met Not Met Not Met Not Met Not Met Not Met Not Met Not Met Not Met Not Met Not Met Not Met CaseCondllons ... FLD2004-05039 610 S MYRTLE AVE land Resou.ce Condition Rick Albee 562-4741 06/18/2004 No Issues Not Met Parks & Recs Condition Recreation Land and Recreation FacIlity Impact fees are due for the new 48 residential Units prior Not Met to Issuance of bUilding permit If there IS a decrease to the bUilding coverage (53,809 sf to 28,737 sf) the Open Space Impact fee will not apply ThiS fee could be substantial and Jt IS recommended that you contact Deb Richter at 727-562-4817 to calculate the assessment Zonmg Condition Bryan Berry 562-4539 06/30/2004 Front slopes of stormwater detention/retention areas may compromise up to 50 percent of any Not Met reqUIred landscape buffer width The detention along Turner 5t must be repositioned elsewhere on the property preferably behind the retalllrestaurant units moving the retail/restaurant Units to 20 feet from property line along Turner 8t 06/30/2004 Label all streets on site plan sheet 4,5,6, and L-1 Not Met 06/30/2004 Need to notate on site plans the height and style of proposed fencing to enclose the resldentJal Not Met umts Only brick or other mansonry walls or walls With masonry columns linked by substantial grill work shall be permitted to a maximum height of SIX feet In a required front setback The fence along Myrtle Avenue exceeds 100 feet In length along the street right of way and must be either offset to create Inset areas of at least eight feet In Width and depth for landscaping treatment or non-opaque openings In the walls or fence shall be prOVided through the use of wrought Iron or Similar types of wall treatment or some architectural features such as a column or other features IS used to offset the unbroken nature of the fence of wall Prrnt Date 08/11/2004 CaseCondllons Page 2 of 2 Reynolds. Mike From: Sent. To' Subject. Rice, Scott Wednesday, August 04, 2004955 AM Reynolds, Mike FL02004-05039 - 610 S Myrtle Mike, Engineering has completed review of the subject applIcation and updated Permit Plan The follOWing condItions of approval need to be Included In your staff report 1 Need to record condommIUm plat with Pmellas County pnor to first CertIficate of Occupancy 2 Traffic Impact Fees to be assessed and patd pnor to fIrst Certificate of Occupancy 3 PrIor to bUIldmg penmt, provIde a report signed and sealed by a ProfessIOnal Engmeer mcludmg a SOli bonng wIth seasonal hIgh water determmatIon and percolatIOn rates 4 Pnor to bUIldmg penmt, provIde copy of SWFWMD Penrut or Letter of Exemption 5 Pnor to bUIldmg penrut, provIde copy of utIltty easement for samtary pIpelIne proposed along the south boundary of the project Let me know If you have any questions D. Scott Rice Land Deve/. Engr. Manager 727..562-4781 scott.rice@MyClearwater.com 1 :...J ,tl"'I#" ltll x.M..,;;~.... ~~''''Sj'~>j ~-:. ....b,'t J.( ~ \ G. ':. :~:c;-.,::,"," ~: ~~\~- ~ ;'~i~~::;'~ .......~TE~~'<;ii-t Engmeermg C'dfiMltlon Don Melone 06/24/2004 1} Need to Identify street names on all sheets 7/19/04 MET 2) The cIty will provide all water main taps All applicable fees to be paid for by the applicant 7/19104 - MET 3) Need to provide a separate F D C for each sprinkled bUilding 71//19/04 - MET 4) Sheet No 6 shows a ten (10) domestic water meter bank for the most northerly section of BUilding #200, along with a 2" domestic water meter for the most southerly portion There are 20 units shown? 7/19/04 - MET 5) The double detector check valve assembhes will be field located They will be Installed by the CIty All applicable fees to be paid for by the applicant 7/19/04 - MET 6) No sanitary sewer service indicated for BUilding #300 (Sheet #6) 7/19/04 - MET 7) Need to show a domestIc water meter per unit (bank meters for each bUilding) 7/19/04 - MET 8) Water main pipe to fire hydrant assembly's (F H A) need to be ductile Iron If distance from water main to FHA IS 10ft or greater 7/19/04 ~ NOT MET - DIMENSIONS ON SHEET 6 INDICATE 10-FEET OF PIPE TO INTERIOR HYDRANTS, ALL MUST BE DIP 9) No sanrtary sewer servIce indIcated for BUilding #100 and the bUilding lYing east of BUilding #100 along Turner Street 7/19/04 MET 10) Need to prOVide indiVidual sanitary sewer "wye's" for each unit 7/19/04 MET 11) Proposed sanitary sewer between structures S-3 and S-2 IS shown being constructed on the neighbor's property 7/19/04 - MET - DEVLOPER WILL PROVIDE EASEMENT 12) All utlJrtles are to be burred 7/19/04 MET All of the above to be addressed prror to COB Conditions Associated Wit. FLD2004-05039 6105 MYRTLE AVE 562-4798 Not Met The follOWing to be addressed prror to bUilding permit 1) Need to record final plat with Plnellas County prror to the Issuance of a bUilding permIt 7/19/04 - REVISED - NEED TO RECORD CONDO PLAT WITH PINElLAS COUNTY PRIOR TO FIRST CERTIFICATE OF OCCUPANCY Fire Condition Joe Colbert 562-4567 xt 3548 06/17/2004 Where underground water mains and hydrants are to be Installed, they shall be Installed, Not Met completed, and In service prror to construction as per NFPA 241 Please acknowledge PRIOR TO CDB 06/1712004 There shall be no shut off valve between the Fire Department Connection and the system As per Not Met NFPA 14, Section 4-3 1 FOC's can not be on restrrcted lines The Utllrty Sheet shows FDC lines running through DCVA's Please correct pnor to COB 06/17/2004 There are no Fire Department Conectlons shown for some of the bUlldmgs Please explam and/or Not Met correct prror to COB 06/17/2004 Vertical c1ea rance under entrance must be a mm 1m um of 14 feet at Its lowest projection P lease Not Met acknowledge prror to COB 06/17/2004 Plans submitted for Fire ReView must reflect adherence to Florrda Fire Prevention Code, 2001 Not Met Edition and the followmg Codes NFPA 101, 2000 Edition, NFPA 70,1999 Edition and FlOrida Statute 633 Show on a Code Reference Sheet 06/17/2004 ProVide drawl ng s that have been prepared by or under the direction of an E ng Ineer reg Istered Not Met under F S Chapter 471 for all fire spnnkler 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 installation shall be In accordance with NFPA 13, 1999 Edition by a licensed Fire Spnnkler Contractor under separate permit wIth drawmgs Please acknowledge PRIOR TO BlDG PERMIT Prrnt Dale PrOVide draWings that have been prepared by or under the direction of an Engrneer registered under Chapter 471 Flonda Statutes for the Fire Alarm System as per Florrda BUilding Code 2001 EdItion, SectIon 1044 1 3 (5) Drawrngs shall be Signed and sealed by a Professional Engineer as per 471 025 FlOrida Statutes PRIOR TO BlDG PERMIT 07/28/2004 Not Met 06/17/2004 CaseCondltons Page 1 of 3 Fire Condition FLD2004-05039 610 S MYRTLE AVE Joe Colbert 562-4567 xt 3548 06/17/2004 Fire Alarm System installation must be In accordance with NFPA 72, 1999 Edition by a licensed Not Met Fire Alarm Contractor under separate plans and permit PRIOR TO SLOG PERMIT 06/17/2004 Clearances of 7 Yz feet In front of and to the sides of the fire hydrant, with a 4 foot clearance to Not Met the rear of th e hyd rant are req UI red to be mal nta Ined as per N FP A 1, Sec 3-5 6 Please acknowledge PRIOR TO BLOG PERMIT 06/17/2004 Fire Department Connections shall be Identified by a sign that states "No Parking, Fire Not Met Department Connection" and shall be deSigned In accordance wIth Flonda Department of Transportation standards for information slgnage and be maintained with a clearance of 7 Yz feet In front of and to the sides of appliance As per Flonda Fire Prevention Code, 2001 Edition, modlficatJon to Section 3-56 of NFPA 1 Please acknowledge Intent to comply PRIOR TO BLDG PERMIT 06/17/2004 Install a Knox Key Box for emergency access as per NFPA 1, Sec 3~6 and Install prior to bUilding Not Met final Inspection Please acknowledge 06/17/2004 Emergency access for entry gate must be proVided as per Plnellas County Ordinance #98-4 Not Met Acknowledge pnor to BUilding Permit landscape 06/10/2004 06/10/2004 Arden Dittmer 562-4604 Overhead lines along road frontages Will need to be buried per Code and Will not conflict with the proposed trees If there IS an alternative proposal for these OHW, trees Will need to be adjusted accordmgly The retention areas located In front of the bUildings do not meet Code Not Met Not Met Rick Albee 562-4741 06/18/2004 land Resource Condition No Issues Not Met Parks & Recs Condition Recreation Land and Recreation FaCIlity Impact fees are due for the new 48 reSidential Units pnor Not Met to Issuance of bUilding permit If there IS a decrease to the bUilding coverage (53,809 sf to 28,737 sf) the Open Space Impact fee Will not apply ThiS fee could be substantial and It IS recommended that you contact Deb Richter at 727-562-4817 to calculate the assessment 06/09/2004 Storm Water Condition Bnan Barker 562-4779 1 ProVide eXisting and proposed drainage baSin maps 7/19/04 - MET Not Met 2 City cntena for pond recovery IS 24 hours Additional underdraln and revised calculations are necessary -MET 3 Retaining walls are not allowed adjacent to property lines or nght~of-ways Walls WIll be allowed on two Sides of each pond, but they must be moved Label walls as such -Met 4 Stormwater Vault needs to recover WIthin 24hours PrOVide calculatIons and suffiCient underdraln Please note that jf any of the volume In the vault Will be used for water quality treatment, standard filtration methods Will be necessary 5 ReVise Drainage System narrative to Include Stormwater Vault and descnbe ItS function 6 Add notation to Stage/Storage tables to show water quality elevation (DLW) for ease of calculations 7 Drainage Structure #51 does not show weir 8 A SOil bonng With Seasonal high water determlnatlon and percolatJon rates Will be reqUired prior to any bUilding permits ThiS Salls report needs to be Signed and sealed by a P E All of these need to be addressed pnor to any bUilding permits CaseCondllons Print Date 07/28/2004 Page 2 of 3 FLD2004-05039 610 S MYRTLE AVE Traffic Eng Condition Initials MIssing Imtlals Mlssmg 06/25/2003 1 All driveways at a 90 degree angle must be at least 19' long from face of garage and road Not Met must be 24' wide to accommodate vehIcle backing out of a driveway 7/19/04 - ROAD WI DTH REVISED TO 24-FEET (OK) CONDO DOCUMENTS MUST INCLUDE THE PROHIBITION FOR PARKING IN THE DRIVEWAYS 2 Correct parking stall count on cIvIl site plan Sheet 4 7/19/04 - SHEET 4 INDICATES 30 PARKING SPACES FOR THE RETAIURESTAURANT BUILDINGS, BUT THE COVER SHEET STATES THAT 31 SPACES ARE PROVIDED 3 Show dImenSions for driveway wIdth 7/19/04 - MET 4 Show angle of parking spaces Angled parking spaces must comply With CIty standards (Community Development Code Section 3-1402) 7/19/04 - ANGLE PARKING SPACES DELETED 5 Provide accessible routes from bUilding entrances to a public sidewalk and from bUilding (residential) to bUilding (retail, restaurant)(Florlda BUilding Accessibility Code Chapter 11, Section 11432) 7/19/04 - MET 6 All traffiC signs and markings must comply WIth the current Manual on Uniform Traffic Control Devices 7/19/04 - MET 7 ProVide left turn lane on Turner Street for vehicles entering site 7/19104 - MET 8 Include a current City of Clearwater detail of disabled parkmg stall and slgnage 7/19/04 - MET 9 BUilding square footage on site plan and narrative for retail specialty and restaurant must match 7/19/04 - MET 10 All of the above to be add ressed prior to CD B * Traffic Impact Fees to be assessed and paid prior to Zoning Condition Bryan Berry 562-4539 06/30/2004 Front slopes of stormwater detentIon/retention areas may compromIse up to 50 percent of any Not Met required landscape buffer wIdth The detention along Turner St must be repositioned elsewhere on the property preferably behind the retail/restaurant units moving the retail/restaurant uOlts to 20 feet from property line along Turner St 06/30/2004 Label all streets on site plan sheet 4,5,6, and L-1 Not Met 06/30/2004 Need to notate on SIte plans the height and style of proposed fenCing to enclose the reSidential Not Met units Only brick or other mansonry walls or walls With masonry columns linked by substantial gnll work shall be permitted to a maximum height of SIX feet m a reqUired front setback The fence along Myrtle Avenue exceeds 100 feet In length along the street nght of way and must be eIther offset to create Inset areas of at least eight feet In Width and depth for landscaping treatment or non-opaque openmgs In the walls or fence shall be provided through the use of wrought Iron or SimIlar types of wall treatment or some architectural features such as a column or other features IS used to offset the unbroken nature of the fence of wall CaseCondllons Prmt Date 07/28/2004 Page 3 of 3 .' ..,. . Case Number' H..D2004-020.. - 2520 SUNSET POINT RD Owner(s), George C Clark Investments 2341 Hmoan Dr # 21 Clearwater PI 33763 TELEPHONE No Phone, FAX No Fax, E-MAIL No Emall Applicant Kb Homes 3450 Buschwood Park DrIve Tampa, PI 33618 TELEPHONE 813-775-7800, FAX No Fax, E-MAIL No Email 11:35 am" Loca tJ{jo: 13 412 acres located on the northslde of Sunset Pomt Road approximately 400ft west of East Sky hne Dr Atlas Page: 2548 Zomng District MHP. Mobile Home Park Request, FleXible Development approval to permit a 298 umt multi-family residentIal (attached dwelhngs) development with a reductIOn m the reqUired number of parkmg spaces, reductIOns In front, side, and rear yard setbacks as a Residential Infill Project, under the provlSlons of SectIOn 2-304 G Proposed Use: Attached dwellings Neighborhood No Neighborhood Assocatlon Data Association (s): Presenter Mike Reynolds, Semor Planner Attendees Included: Mike Reynolds. Chip Gerlock, Scott RICe The DRC reviewed this application With the following comments: General Engineering: 1 1) Improve Lawson Road to City Standards Per City CommiSSIOn/Council reqUIrements, need to Improve Lawson Road pnor to construction If It IS to be used for con!,truchon access 7/19/04- THIS NEEDS TO BE A CONDITION OF APPROVAL 2) Connect the proposed Sidewalk along the west Side of Lawson Road to the eXlstmg Sidewalk along Lawson Road at the northwest comer of Lawson Road and Sunset Pomt Road PROVIDE CROSSWALK 7/19/04 - met 3) Need to GOre eXlstmg samtary sewer manhole for all samtary sewer connectlon(s) 6/16/04- NEED NOTES ON DRAWINGS 7/19/04 - met 4) Need to show eXlstmg 2" gas mam along Lawson Road 7/19/04 - MET The followmg to be addressed pnor to bUlldmg penUlt I) Need a copy of approved D E P penUlts for the mstallatlOn of the samtary sewer ex tensIOn and potable water service 2) Fmal plat must be recorded With Pmellas County 3) Need a copy of an approved nght-of-way permit from DOT 4) Development Right-of-Way Impact Fees per Ordmance Number 5969-96 (Section I 3 e) [Public utility connectIOn - $100 00 (No pavement cut, fee per each utlhty Involved and per each connection)) [Pubhc utlhty connectIOn - $20000 (Pavement cut fee per each utility Involved and per each connection)] 5) Need to have J. recorded mgress/egress Sidewalk easement of the north dnve that connects to US 19 through an outparcel pnor to bUlldmg permlt 6) Need to vacate the north portion of Lawson Road to accommodate the two bUlJdmgs which are proposed Within eXisting nght-of-way All utlhty relocations are the resp()o"lblllty of the apphcant If approved 7) Need to prOVide all proposed data for the propo~ed samtary sewer mam for construction PLAT CONDITIONS I) New to proVide a 6' Sidewalk easement along Lawson Road (Sidewalk Will be mstalled approximately I ft iDSlde property) EASEMENT TO BE DEDICATED TO THE CITY 7/19/04 - met The above to be addressed pnor to CDB EnVironmental: 1 Wetland lssues resolved Fire, Development ReView Agenda - Thursday, July 8,2004 - Page 15 Where undergroUl._ .vater mains and hydrants are to be Installed, th~-, shall be Installed, completed, and In serVIce pnor to constnictlOn as per NFPA 241 Please acknowledge PRIOR TO COB 6/16/04--J_C NO NOTE FOUND ON THE UTll...ITY PLAN AS PER THE LETTER OF 5/26/04 Harbor Master: No Comments Legal: No Comments Land Resources: 6123/04-SI1I1 not satlfied with the minimal revIsion to preserve trees Greater efforts must be made to preserve trees such as # 132, # 134 and # 135 Also, place the mvenlory data on a Tree PreservatIOn Plan (transfer from aenal) Provide pnor to CDB 4/23/04-It does not appear that the Tree Inventory was utlhzed to mcorporate any of the highly rated trees on Site Place the mventory data on a Tree Preservation Plan (transfer from aenal) Revise designs to preserve all trees rated #4 and #5 and try 10 preserve all #3 rated trees It appears that some trees can be mcorporated mto the parkmg Islands, If grades changes aren,t too drastic and also some trees at the TOB of the ponds RevIse pnor to CDB 2 Provide a Tree PreservatIOn Plan prepared by a certified arbonsl, consultmg arbonst, landscape architect or other specialist m the field of arbonculture ThiS plan must show how the proposed bUlldmg, parkmg, stormwater and utilitIes Impact the cntlcal root zones (dnp hnes) and how you propose 10 address these Impacts Ie, crown elevatmg, root prumng andior root aeral10n systems Other data reqUIred on thiS plan must show the trees canopy lme, actual tree barncade limIts (2/3 of the dnp hne andior In the root prune hnes If requued), and the tree barncade detail And any other pertinent mformatlOn relatmg to tree preservatIOn Provide pnor 10 bUlldmg permIt 3 6/23/04- I believe the tree #134 IS an Oak, effort must be made to preserve 4/23/04-Reasses preservmg tree #134 & #211, The bUlldmg height may reduce Ihe tree's canopy by 1/2 The space allotted IS too small Provide pnor to CDB 4 6/23/04-Show all trees, even those to be removed, on ALL plans pnor to CDB 4/23/04-Show all trees, even those to be removed, on all plans pnor to CDB 5 6/23/04-Could not find reVISIons, as stated, on Landscape Plans CIVIl plans should show these reVISions Provide pnor to CDB 4/23/04-Revlse grades, relocate samtary at tree #77 pnor to CDB Landscapmg: Development Review Agenda - Thursday, July 8, 2004 - Page 16 6/ I 1/2004 (A_D) There are addltlOnal plantmg now mdlcated, yet there are still defiClenc]es Rev]se to meet Code 4/27/2004 (A_D) Plans do not show the requIred plants to the north of Black Burn Street or to the east of Lawson Road Rev]se plans to meet code as stated below 3/5/2004 (A_D) Per Section 3.1202 E 2 FoundatIOn planltngs shall be provIded for 100% of a buddmg facade with frontage along a street nght of way, excludmg space necessary for bUlldmg mgress and egress, w]thm a mlmmum five fool wide landscaped area composed of at least two accent trees (or palm eqUl valents) or three palms for every 40 hnear feel of bUlldmg facade and one shrub for every 20 square feet of requued landscaped area A mmlmum of 50% of the area shall contam shrubs with the remamder to be ground cover 2 6/11/2004 (A_D) This IS stili mcomplete, venfy that ALL trees are shown correctly 4/27/2004 (A_D) Show the eXIsting tree canopIes and how they Will work with the proposed trees, It seems that there are conflicts shown 3 6J 11/2004 (A_D) The Jasmme m the plant schedule are not 1 gal as reqUIred by Code, revise plans 4/27/2004 (A_D) Per SectlOn 3.1202 B I Code reqUires trees to be to' m height and 2 1/2" cal at plantmg, ornamental trees can be 8' m height and 2" cal , and palms must be 10' clear and straight trunk a plantmg Make changes In Legend and submit reVised page for review 4 There IS opportumty to mcorporate the penmeter and bUlldmg facade landscape through the Camp Land<;cape Program Since there IS hmlted area between the property hnes and the bUIldings along the roads thiS may be a solutIOn to doubhng hedge rows Alternately, a tiered serpentmed landscaping could be used with a much easier to maintain design In respect to the sodded areas 5 There are now only two areas between bUilding which show planting beneath the tree~ proposed, where In the previous plan all these conditions were ahke Add the shrubs back under these trees to protect them as they mature 6 Suggest the use of vanous matenals along the pen meter, the legend ]s m]SSlng a symbol which would represent the penmeter hedge Podocarpus or Viburnum would be recommended here as Llgustrum tend to get very leggy as they mature HibiSCUS azalea, or Similar plants can be used as an accent along the roads to give some color Parks and Recreation, 1 Open Space and RecreatIOn Impact Fees are due pnor to I<;<;uance of bUIlding permits or final plat, whichever occurs first ClanficatlOn 1<; needed on ex]stmg number of umts for total property less 29 eXlstmg umts on property recently annexed Please contact Debbie Richter at 727.562.4817 Stormwater; No Comments Solid Waste, No Comments Traffic Engmeering' Development ReView Agenda. Thursday, July 8, 2004 - Page 17 Planning: 1 Apphcant to h....gate any Impacts from the results of the Traffil. ~lnpact Study, or any Improvements necessary to adjacent roadways/mtersectlOns as determmed by the Traffic Operations Manager 2 P,llnt crosswalk per MUTCD trom Law~on Road to Black Burn Street for mter-connectlVlty 7/19/04 - MET 3 Lawson Road and Black Burn Road needs Improvement Need a Mamtenance of Traffic Plan for the operation of the road whl Ie constructIOn IS takIng place 7/19/04 - THIS NEEDS TO BE A CONDITION OF APPROVAL 4 Will there be fences? Uso please show 7/19/04 - MET 5 Show on the site plan a hlc ramp detail per F DOT 7/19/04 - MET 6 Show on the SIte plan a current detail of hlc parkmg stall and sign 7/19/04 - MET 7 Show detail of wheel stops 7/19/04 - MET 8 ProVides notes on drawmgs Idenufymg that all dnve aisle widths must be 24' wide from face of curb to face of curb 7/19/04 - MET 9 The apphcant to provide a Tight turn lane on Sunset POInt Road mto Lawson Road 10 All of the above to be addressed pnor to CDB ** Traffic Impact Fee of $211,944 to be paid pnor to C 0 Development Review Agenda - Thursday, July 8,2004 - Page 18 1 I The layout and design of thIs sIte IS mcomplete Ba",ed upon aenal photography, wetlands have been determined to be on site A~ such, a 25-foot buffer zone IS reqUired Thl~ wmment made earller, IS still not addressed 2 The site data table needs to state what the proposed setbacks are 3 The SIte plan needs to proVIde a maintenance servIce accessway to the wetlands (see Engmeenng - envlfonmental comments) 4 PrOVIde and label all VISibIlity tnangles 5 PrOVIde fence details 6 The sIte plan does not show any patios 7 Identify by label or shadmg all common areas 8 PrOVide copy of permIt Inq UII)' letter or SWFWMD permIt submittal 9 IdentIfy all envIronmentally umque areas, sl1ch as watercourses, wetlands, tree masses and specImen trees, lTIcludmg a descnptlon and locatIOn of understory, groundcover vegetatIon and wildlife habItats 10 There IS no common area, such as a clubhouse and other amemtles areas, for thiS very large development of nearly 300 resIdential UOlts 11 Label all outdoor hghtmg 12 Is there a plan for varymg the archItectural styles ofthe many bUlldmgs proposed? 13 The sIdewalk plan needs to show connectivIty 14 See separate comments pertammg to code enforcement 2 Comments 1-14 above were for the May 6, 2004 ORC meeting Comment # 1 from the 5-6-04 ORC IS addressed to the extent that the plan can be revIewed Updated comments 1 The mlmmum rear setback m the MDR for attached dwelllng umts IS ten feet 2 The sIte needs to have a common area, such as a clubhouse and other am em ties for the scale of development proposed (287 reSidential umts) 3 The layout of the site needs to be reVIsed to mclude the amentlty areas Other: No Comments Notes: Development ReVIew Agenda - Thursday, July 8, 2004 - Page 19 1:05 pm Case Number: FLD2004-03lt,,,.. 921 S MISSOURI AVE ApplIcant M I F Investment<; loe 44 Sunset Bay Dr Bellealr, FI 33756 TELEPHONE No Phone, FAX No Fax, E-MAIL No Emall Mlcheal Markou 921 S MiSSOuri Avenue Clearwater, Fl 33756 TELEPHONE 727-446-0176, FAX 727-442-0696, E-MAIL No Emall Owner(s): Location. 0 378 acres located on the east Side of Mlsson A venue and North of Magnoha Atlas Page: 296B Zonmg DIstnct: C, Commercial Request: Flexible Development approval to remove a vehicular dnve through and replace With landscapmg at an eXlstmg doctor's office site, as a ComprehenSive Intill Redevelopment Project, under the provIsIOns of SectIOn 2-704 Proposed Use: Offices Neighborhood No Neighborhood AssocatlOn Data Association (s): Presenter: Mike Reynolds, SenIOr Planner Attendees Included. Mike Reynolds, ChIp Gerlock, Scott Rice The DRC reViewed thiS apphcatlon with the following comments: General Engineering: 1 1) The mgress/egress as found m 0 R Book 5622, Page 14 and 0 R Book 5622, Page 31 needs to be vacated EnVIronmental. 1 No Issues Fire: I No Issues Harbor Master. No Comments Legal: No Comments Land Resources: I No Issues Landscaping: Development ReView Agenda - Thursday, July 8, 2004 - Page 20 1 Plan has eXlstmg powl1ts hsted as "ground cover" and "shrubery", nt........ to be specific and indicate the proper repldGement "Izes should these plants be removed or need replacement m the future Plants shall meet the reqUIred mm sizes as mdlcated In the code 2 5/5/2004 (A_D) Irngallon must meet the City Code per SectIOn 3-1203 C, adJ ust plans to show 100% coverage, rain sensor, automatic timer. etc 3 6/1812004 (A_D) same comment 515/2004 (A_D) Per Section 3-1202 B I Code reqUIres trees to be 10' m height and 2 1/2" cal at plant1Og. ornamental trees can be 8' m height and 2" cal , and palms must be 10' clear and straight trunk a planting Make changes 10 Legend and submit revised page for review Plans indicate trees which exceed code, reduce sIze and put the cost towards addltlOnsl reqUIrements In plant matenals 4 Plan does not meet the req Ulrements of pen meter plantlngs In Code SectIOn 3-1202 D There are areas where the pen meter has no landscape mdlcated 5 Per Section 3-1202 E I - 1 Tree/Island m1Olmum, 1 Tree! 150 sq ft of reqUIred green space, Shrubs 50% of reqUIred green space, and Groundcover shalt be utlhzed for reqUIred green space 10 heu of turf There are areas where the Islands do not meet thiS reqUirement along the north Side of the site 6 Relocate the eXisting Crepe Myrtle ("Lagerstroem") tree to a location outsIde of Sight triangle Install other colorful plants m the area nearest the entrance to attract customers to thiS door 5/512004 (A_D) Per Section 3-1204 H Plants m the Sight tnangles must be Installed m accordance WIth the reqUIrements m Article 3, DIVISIOn 9 to ffilntmlZe traffic hazards Be aware of the growth habits when plaCing matenals m these areas 7 Per SectIOn 3-1202 E 2 Foundation plantmgs shall be proVided for 100% of a bUIlding facade With frontage along a street nght of way, excludmg space necessary for bUlldmg mgres" and egress. wlthm a minimum five foot Wide landscaped area composed of at least two accent trees (or palm eqUivalents) or three palms for every 40 hnear feet of bUlldmg facade and one shrub for every 20 square feet of reqUIred landscaped area A ffilnlffiUm of 50% of the area shall contam shrubs WIth the remamder to be ground cover The new addition speCifically does not have thiS condition met, and the areas oon the west and east SIde of the bUlldmg could be more heavily landscaped to reduce the Impact of the reduced setbacks 8 Per Section 3-1204 D aIllandscapmg must be protected from vehicular and pedestnan traffic by the installatIOn of curbing and wheel stops, or other protective deVice" along the pen meter of any landscaping which adJOinS vehicular use areas and Sidewalk" These protective deVices shall have a ffillllmum height of SIX 10ches above grade Show bollards or curbing where wheel stops are not proVided to meet above statement III the code Parks and Recreation: 1 No Issues Stormwater: 1 No Issues Sohd Waste: No Comments Traffic Engineenng: I 1 Add landscap10g to the empty spaces near both dnveway access, as to discourage customers from parlong there 2 Include a letter of agreement for satelhte parklOg 3 All of the above to be addressed pnor to CDB Traffic Impact Fees to be assessed and determined pnor to C 0 Planmng: Development ReView Agenda - Thursday, July 8, 2004 - Page 21 Application 1 Elaborate upon your responses to the questIOns wlthm the applicatIOn fonn 2 The appliLatlon form does not clearly ,>late the complete request It does not state anythmg about a bUlldmg expanslOn/addltlOn SIte Plan I The site plan needs to show all dimensions with dimensional arrows 2 Provide an engmeenng bar scale 3 Provide a location map on the site plan 4 Orgamze the site plan submittal documents with an mdex sheet 5 Show setbacks with dimensIOnal arrows 6 The sde plan needs to mclude vIsibility triangles 7 Show all public and private easements 8 The handicap parkmg as shown does not meet code 9 The proposed bUlldmg front setback cannot be supported by staff 10 Where will the eXisting parkmg go? Is there an offsde parkmg agreement? 11 The eXlstmg sign appears to not meet code Site Data Table I State the Floor Area RatIO and the Impermeable Surface RatiO Other 1 If the proposed Improvements exceed 25 percent of the eXlstmg bUlldmg value, the parkmg and landscapmg wlil need to meet code Please provide documentatIon 2 Updated Comments/Concerns 1 Orgamze the site plan submittal documents with an mdex sheet 2 If proposed Improvements exceed 25 percent of the eXlstmg buddmg value, the parkmg and landscaptng Will need to meet code Provide documentatIon Other' No Comments Notes: Development ReView Agenda - Thursday, July 8,2004 - Page 22 1:25 pm Case Number FLD2004-05U~J -- 610 S MYRTLE AVE Apphcant F Blake Longdcre 401 Colbert St Sle 110 Clearwater, Fl 33756 TELEPHONE 727-560-5596, FAX 727-446-1296, E-MAIL tbldev@tampabay IT com Representative: F Blake Longacre 401 Corbett Street Clearwater, Fl 33756 TELEPHONE 446--5846, FAX 446-1296, E-MAIL FBLDEV@TAMPABAYRRCOM LocatIOn: Atlas Page: 295B Zonmg Dlstnct: C, Commercial Request: Flexible Development approval to permit a mixed use apphcatlOn for 48 residential UOlts (condos), 1,757 square feet ofretaJl space, and 1,000 square feet of restaurant With reductions to the front (east) setback along Myrtle Avenue from 25 feet to 15 feet (to pavement) and 21 feet (to buildmg) and the Side (south) setback from 10 feet to five feet (to pavement) as a Mlxed Use under the provISIOns of SectIOn 2-704 F Proposed Use: Neighborhood No Neighborhood AssocatJon Data Association{s): Presenter: Mike Reynolds, Semor Planner Attendees Included: The DRe reviewed this application with the following comments: General Engmeermg: 1) Need to Identify street names on all sheets 7 !l9/04 MET 2) The city will proVide all water mam taps All apphcable fees to be paid for by the apphcant 7!l9/04 -MET 3) Need to provide a separate F D C for each spnnkled bUlldmg 711/19104 - lvIET 4) Sheet No 6 shows a ten (10) domestic water meter bank for the most northerly sechon of BUlldmg #200, along with a 2" domestic water meter for the most southerly portion There are 20 unns shown? 7!l9/04 - MET 5) The double detector check valve assembhes wlil be field located They will be mstalled by the city All apphcable fees to be paid for by the applicant 7119/04 - MET 6) No samtary sewer service mdlcated for BUlldmg #300 (Sheet #6) 7/19104 - lvIET 7) Need to show a domestic water meter per um t (bank meters for each bUlldmg) 7/19104 - lvIET 8) Water malO pipe to fire hydrant assembly's (F H A ) need to be ducttle \fon If distance from water mam to FHA IS 10 ft or greater 7/19/04 - NOT MET - DIMENSIONS ON SHEET 6 INDICAlE la-FEET OF PIPE TO INTERIOR HYDRANTS, ALL MUST BE DIP 9) No samtary sewer servtce indicated for BUilding #100 and the bUlldmg lymg east ofBUlldmg #100 along Turner Street 7119/04 MET 10) Need to proVide mdl Vidual samtary sewer" wye' s" for each umt 7/19/04 MET 11) Proposed samtary sewer between structure!> S-3 and S-2 IS shown bemg constructed on the neighbor's property 7/19104 - MET - DEVLOPER WILL PROVIDE EASEMENT 12) All utlhtles are to be bUried 7119/04 MET All of the above to be addressed prior to CDB The followmg to be addressed pnor to bUlldmg permit 1) Need to record final plat With Pmellas County pnor to the Issuance of a bUlldmg permit 7/19/04 - REVISED - NEED TO RECORD CONDO PLAT WITH PINELLAS COUNTY PRIOR TO FIRST CERTIFICATE OF OCCUPANCY Environmental: No Comments Fire: Development ReView Agenda - Thursday, July 8,2004 - Page 23 Where undergrouIJU water mams and hydrants are to be mstalled, they shall be mstalled, completed, and In service pnor to construction as per NFP A 241 Please acknowledge PRIOR TO CDB 2 Thcre shall be no shut oft valve between the Fire Department Connection and the system As per NFPA 14, Section 4-3 I FDC's can not be on restncted hnes The UtIlity Sheet shows FOe hnes runmng through DCV A's Pledse correct pnor to CDB 3 There are no Fire Department Conectlons shown for some of the bUlldmgs Please explam and/or correct pnor to COB 4 Vertical clearance under entrance must be a mmlmum of 14 feet at Its lowest projectIOn Please acknowledge pnor to COB 5 Plans submitted for Fire ReView must reflect adherence to Flonda Fife PreventIOn Code, 2001 EditIon and the follOWing Codes NFPA 101,2000 EditIOn, NFPA 70, 1999 EditIOn and Flonda Statute 633 Show on a Code Reference Sheet 6 PrOVide drawmgs that have been prepared by or under the direction of an Engmeer registered under F S Chapter 471 for all fire spnnkler systems as per Flonda BUlldmg Code, 2001 Edition, Sec 104 4 I 3 Drawmgs shall be Signed and sealed by a ProfeSSIOnal Engmeer as per F S 471 025 The mstallatIOn shall be 10 accordance WIth NFP A 13, 1999 Edition by a licensed Fire Spnnkler Contractor under separate permIt With draw10gs Please acknowledge PRIOR TO BLDG PERMIT 7 ProVIde drawmgs that have been prepared by or under the dlfecuon of an Engmeer registered under Chapter 471 Flonda Statutes for the Fire Alarm System as per Flonda BUlldmg Code 2001 EdItion, SectlOn 104 4 1 3 (5) Drawmgs shall be Signed and sealed by a ProfeSSIOnal EnglOeer as per 471 025 Flonda Statutes PRIOR TO BLDG PERMIT 8 Fire Alarm System mstallatlOn must be 10 accordance With NFPA 72, 1999 EditIOn by a licensed Fire Alann Contractor under separate plans and permit PRIOR TO BLDG PERMlT 9 Clearances of 7 Yl feet 10 front of and to the SIdes of the fire hydrant, With a 4 foot clearance to the rear of the hydrant are reqUIred to be mamtamed as per NFP AI, Sec 3-5 6 Please acknowledge PRIOR TO BLDG PERMIT 10 Fire Department ConnectIOns shall be Identified by a sign that states "No Parkmg, Fire Department ConnectIOn" and shall be deSigned m accordance With Honda Department of TransportatIOn standards for information Slgnage and be mamtamed With a clearance of 7 Y1 feet m front of and to the Sides of appliance As per Flonda Fife PreventiOn Code, 2001 EditiOn, modification to Section 3-5 6 ofNFPA 1 Please acknowledge mtent to comply PRIOR TO BLDG PERMIT 11 Install a Knox Key Box for emergency access as per NFP AI, Sec 3-6 and mstall pnor to bUilding final inspectIOn Please acknowledge 12 Emergency access for entry gate must be proVided as per Pmellas County Ordinance #98-4 Acknowledge pnor to BUlldlOg Permit Harbor Master' No Comments Legal: No Comments Land Resources: 1 No Issues Landscapmg: 1 Overhead lines along road frontages will need to be buned per Code and Will not conflict With the proposed trees If there IS an alternative proposal for these OHW, trees Will need to be adjusted accordmgly 2 The retention areas located In front of the bUildings do not meet Code Parks and RecreatIOn: I RecreatIOn Land and Recreation FaCility Impact fees are due for the new 48 resldentml UOlts prior to Issuance of bUlldmg permit If there IS a decrease to the bUilding coverage (53,809 s f to 28,737 sf) the Open Space Impact fee Will not apply ThiS fee could be substantml and It IS recommended that you contact Deb Richter at 727-562-4817 to calculate the assessment Stormwater: Development ReVIew Agenda - Thursday, July 8,2004 - Pdge 24 Notes: # 1 ProvIde eXlstln5 <lnd proposed drainage basin maps 7/19/04 - Mr.! 2 CIty cntena for pond recovery IS 24 hours Addltional underdram and reVised calculatIons are necessary -MET 3 Rctdmmg walls arc not allowed ddJd(,cnt to property Irnes or flght-of-ways Walls w1l1 be allowed on two Sides of each pond, but they must be moved Label walls dS such -Met 4 Storm water Vault needs to recover wIthin 24hours ProvIde calculatIons and sufficIent underdraln Please note that If any of the volume In the vault will be used for water quahty treatment, standard filtration methods will be necessary 5 ReVise Dramage System narratIve to mclude Stormwater Vault and descnbe Its functIon 6 Add notation to Stage/Storage tables to show water quality elevatlon (DL W) for ease of calculations 7 Dramage Structure #51 does not show weir 8 A SOl] bormg with Seasonal hIgh water detennmatlOn and percolatIOn rates will be reqUired pnor to any bUildlOg pennlts ThiS salls report needs to be slgned and sealed by aPE All of these need to be addressed pnor to any bUlldmg pennlts Solid Waste: No Comments Traffic Engineenng: 1 1 All dnveways at a 90 degree angle must be at least 19' long from face of garage and road must be 24' wide to accommodate vehIcle backlOg out of a dnveway 7/19/04 - ROAD WIDTH REVISED TO 24-FEET (OK) CONDO DOCUMENTS MUST INCLUDE THE PROHIBITION FOR PARKING IN THE DRIVEWAYS 2 Correct parklOg stall count on CI vii site plan Sheet 4 7/19/04 - SHEET 4 INDICATES 30 PARKING SPACES FOR THE RET AILIREST AURANT BUILDINGS, BUT THE COVER SHEET STATES THAT 31 SPACES ARE PROVIDED 3 Show dImenSiOns for dn veway WIdth 7/19/04 - MET 4 Show angle of parklOg space,> Ang]ed parklOg spaces must comply wIth ClIy standards (CommuOlty Development Code SectIOn 3-1402) 7/19/04 - ANGLE PARKING SPACES DELETED 5 PrOVide accesslb]e routes from bUildmg entrances to a public Sidewalk and from bUlldmg (residentIal) to bUlldmg (ret,HI, restaurant)(F1onda BUI]dmg Accesslblhty Code Chapter 11, SectIOn 11432) 7/19/04 - MET 6 All traffic Signs and markmgs must comply with the current Manual on Umform Traffic Control DeVIces 7119/04 - MET 7 Provide left turn lane on Turner Street for vehicles entermg site 7/19104 - MET 8 Include a current City of Clearwater detail of disabled parkl ng stall and SIgn age 7119/04- MET 9 BUlldmg square footage on SHe plan and narrative for retad specialty and restaurant must match 7119/04 - MET 10 All of the above to be addressed pnor to CDB * Traffic Impact Fees to be assessed and pmd pnor to Planmng: 1 Front slopes of storm water detention/retentIon areas may compromise up to 50 percent of any reqUired landscape buffer Width The detentIOn along Turner St must be repositIOned elsewhere on the property preferably behl11d the retail/restaurant umts movl11g the retmUrestaurant umts to 20 feet from property hne along Turner St 2 Label all streets on Site plan sheet 4,5,6, and L-I 3 Need to notate on sIte plans the height and sty Ie of proposed fenclllg to enclose the resldenttal UllltS Only bnck or other mansonry walls or walls With masonry columns hnked by substantial gnll work shall be pennilted to a maxImum height of SIX feet In a reqUIred front setback The fence along Myrtle Avenue exceeds 100 feet In length along the street nght of way and must be either offset to create I11set areas of at least eight feet 111 Width and depth for Idndscap111g treatment or non-opaque opemngs 111 the walls or fence shall be proVided through the use of wrought Iron or SImilar types of wall treatment or some archItectural fedtures such as a column or other features IS used to offset the unbroken ndture of the fence of wall Other, No Comments Development Revlew Agenda - ThursddY, July 8, 2004 - Page 25 1 :25 pm Cafre Number: FLD2004-050-,--, -- 610 S MYRTLE AVE ~ , ;. Applicant F Blake Longacre 401 Colbert St Ste llO Clearwater, FI 33756 TELEPHONE 727-560-5596, FAX 727-446-1296, E-MAIL fbldev@tampabay IT com Representative: F Blake Longacre 401 Corbett Street Clearwater, PI 33756 TELEPHONE 446-5846, FAX 446-1296, E~MAIL FBLDEV@TAMPABAYRRCOM LocatIOn: Atlas Page: 295B Zonmg District: C, Commercial Request: FleXible Development approval to penmt a mixed use applicatIOn for 48 residential Untts (condos), 1,757 square feet ofretall space, and 1,000 square feet of restaurant with reductIOns to the front (east) setback along Myrtle A venue from 25 feet to 15 feet (to pavement) and 21 feet (to bulldmg) and the Side (south) setback from 10 feet to five feet (to pavement) as a MIxed Use under the provISions of Sectton 2-704 F Proposed Use: Neighborhood No Neighborhood ASSDcatton Data Association(s): Presenter: Mike Reynolds, Sentor Planner Attendees Included: The DRC reviewed this application with the followmg comments: General Engineermg: No Comments Environmental: No Comments Fire' Development ReVIew Agenda - Thursday, July 8,2004 - Page 16 Where undergroun.... .vater mains and hydrants are to be installed, U . "hall be Installed, completed, and In service pnor to constructIon as per NFPA 241 Please acknowledge PRIOR TO CDB 2 There shall be no shut off valve between the Fire Department ConnectIon and the system As per NFPA 14, Section 4-3 1 FOC's can not be on restricted hnes The Utility Sheet shows FOC lines runmng through DCV A's Please correct pnor to CDB 3 There are no Fue Department ConectlOns shown for some of the bUlldlOgs Please explain and/or correct pnor to CDB 4 Verttcal clearance under entrance must be a mlmmum of 14 feet at ItS lowest prOjectiOn Please acknowledge pnor to CDB 5 Plans submitted for Fire ReView must reflect adherence to Flonda Fife PreventiOn Code, 2001 EditIOn and the follOWing Codes NFP A 101, 2000 Edition, NFP A 70, 1999 Edition and Flonda Statute 633 Show on a Code Reference Sheet 6 ProVide drawmgs that have been prepared by or under the dlfeehon of an Engineer registered under F S Chapter 471 for all fire spnnkler systems as per Flonda BUlldmg Code, 2001 Echbon, See 104 4 1 3 Drawmgs shall be sIgned and sealed by a ProfeSSional Engmeer as per F S 471025 The mstallatlOn shall be In accordance WIth NFPA 13, 1999 Edition by a licensed Fire Sprmkler Contractor under separate permit With drawmgs Please acknowledge PRIOR TO BLDG PERMIT 7 PrOVIde drawmgs that have been prepared by or under the dtreehon of an Engineer registered under Chapter 471 Flonda Statutes for the Fire Alarm System as per Flonda BUlldmg Code 2001 Echtlon, Section 104 4 1 3 (5) Drawmgs shall be SIgned and sealed by a ProfeSSIOnal Engmeer as per 471 025 Flonda Statutes PRIOR TO BLDG PERMIT 8 Fife Alarm System mstalIatiOn must be In accordance With NFP A 72, 1999 EditIOn by a licensed Fire Alarm Contractor under separate plans and penmt PRIOR TO BLDG PERMIT 9 Clearances of 7 'h feet m front of and to the SIdes of the fire hydrant, With a 4 foot clearance to the rear of the hydrant are reqUIred to be mamtamed as per NFPA 1, Sec 3-5 6 Please acknowledge PRIOR TO BLDG PERMIT 10 FIre Department ConnectIOns shall be Identified by a sign that states "No Parkmg, Fire Department ConnectIOn" and shall be deSIgned m accordance With Flonda Department of TransportatIOn standards for information slgnage and be mamtamed With J dearance of 7 Yl feet m front of and to the Sides of appliance As per Flonda FIre Prevention Code, 2001 Edition, modIfication to Section 3-56 ofNFPA I Please acknowledge mtent to comply PRIOR TO BLDG PERMIT II Install a Knox Key Box for emergency access as per NFP AI, See 3-6 and mstall pnor to bUlldmg final mspectlOn Please acknowledge 12 Emergency access for entry gate must be proVided as per Pmellas County Ordinance #98-4 Acknowledge pnor to BUlldmg Penrut Harbor Master: No Comments Legal: No Comment~ Land Resources. t7 No Issues L s aping: 1 Overhead Imes along road frontages Will need to be buned per Code and Will not conflict With the proposed trees If there IS an alternattve proposal for these OHW, trees Will need to be adjusted accordmgly 2 The retentIOn areas located In front of the bUlldmgs do not meet Code Parks and RecreatIOn: 1 RecreatIOn Land and Recreatton FaCility Impact fees are due for the new 48 residentIal umts pnor to Issuance ofbuddmg penmt If there IS a decrease to the buddmg coverage (53.809 sf to 28,737 sf) the Open Space Impact fee Will not apply ThiS fee could be substant131 and It IS recommended that you contact Deb Richter at 727-562-4817 to calculate the assessment Stormwater: No Comments Solid Waste: No Comments Development ReVIew Agenda - Thursday , July 8, 2004 - Page 17 Tr2ffic Engineering: No Comments Planmng: 1 Front slopes of stonnwater detentIOn/retentIOn areas may compromise up to 50 percent of any reqUIred landscape buffer width The detentIon along Turner St must be repositIOned elsewhere on the property preferably behmd the retalVrestaurant umlS movmg the retmVrestaurant umts to 20 feet from property hne along Turner St 2 Label all streets on Sl te plan sheet 4,5,6, and L-l 3 Need to notate on Site plans the height and style of proposed fenclllg to enclose the residential umts Only bnck or other mansonry walls or walls with masonry columns hnked by substantial gnU work shall be permitted to a maximum height of SIX feet m a reqUired front setback The fence along Myrtle A venue exceeds 100 feet III length along the street fight of way and must be either offset to create mset areas of at least eight feet In width and depth for landscapmg treatment or non-opaque openlllgs III the walls or fence shall be provided through the use of wrought )fan or similar types of wall treatment or some architectural features such as a column or other features IS used to offset the unbroken nature of the fence of wall Other: No Comments Notes. Development ReView Agenda - Thursday, July 8,2004 - Page 18 Rice. Scott From Sent To Subject Rice, Scott Tuesday, May 25, 2004 8 05 AM Wells, Wayne RE Undergroundlng eXisting utilities within rights-of-way The proposed language IS good D. Scott Rice Land Deve/. Engr. Manager 727..562-4781 scott.rice@MyC/earwater.com -----Ong In a I Messa ge----- From: Wells, Wayne Sent Tuesday, May 25, 2004 7 48 AM To. Rice, Scott Subject Undergroundlng existing utilities within nghts-of-way Scott - This IS the language we have uSing for conditions on FLD cases (should also be for FLS cases) on the beach regarding eXIsting overhead utJlJtles "That all proposed utilities (from the right-of-way to the proposed bUilding) be placed underground and installation of condUit(s) along the entire length of the sIte's street frontages be completed prior to the Issuance of the certificate of occupancy" ---------- .--------::------ /' would like to suggest m~lng.the-language for the condition to tI'11:ffollowlng _ i 'That all proposed utilities (from the right-of-way to the proposed bUilding) be placed underground CondUits for the I future undergroundlng of eXisting utilities within the abutting nght(s)-of-way shall be Installed along the entire site's lstreet 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 applicant's engineer and the City's Engineering Department prior to/ the-commencement of work" / --/ -----.....--...----........------- What do you think? Wayne 1 " ,# Check list for CDB Aaenda & Aoo/ication sent to City Clerks Office FLD2004-05039 610 S Myrlle Avenue INITIALS Application Form VJ)I (;U V -,G\.~ vDtuJ V ~;\;() v01 vJ Parcel Identification Numbers Authorization for AQent, If Applicable Surveyor LeQal Description COpy of 400 scale ZonmQ Atlas with property outlined and 500' radius hand drawn from outsIde perlmter of site Sherry Watkins . CAS DATE "r;:CEJVED RECEIVED BY (staff Initials) ATLAS PAGE # ZONING DISTRICT LAND USE CLASSIFICATION SURROUNDING USES OF ADJACENT PROPERTIES o SUBMIT ORIGINAL SIGNED AND NOTARIZED APPLICATION NORTH I 5' SOUTH o SUBMIT 11 COPIES OF THE ORIGINAL APPUCA TION Includmg WEST ___ _ _ ,__ 1) collated, 2) stapled and 3) folded sets of site plans (s ,t9~ g :iG\t.fC. ) E~ST" r:::J I -, ~ I' t' ~ "--_) r ~ '. D SUBMIT APPLICATION FEE $ 1) "205 02 :; i I r ' II -, ,:~ , , \ " , * NOTiE 1NTOTAl SEtS'0F INF0RMAT>10N REat!lrREO (APPUCA"'FiON~ PlUS,SlrE Pl:ANS"SErS) ! i r' I; I j; , J\ J! I 5 20u4 FLEXIBLE DEVELOPMENT APPLIC~TI~~>-,--- Comprehensive Jnlill Redevelopment Project (RevIsed II/05/02) ~'_ ,~: l>"c ,n I \-1\; _) Planning Dapal1ment 100 South Myrtle Avenue Clearwater, Florida 33756 Telephone 727-562-4567 Fax 727-562-4865 'j '''- I , ....../ , -- ~~- ~ .... - PLEASE TYPE OR PRINT- , I I use addItional sheets as necessary ("I ~ I i.'":. ! I "A ~Eq A. APPLICANT, PROPERTY OWNER AND AGENT INFORMATION: (Section 4-202.A) 06\1Eu:.R:-12.. t. APPLlCANTNAMEt6'-IXA~ LoN~AC.RE e~ ~~1l ~PM6J1 (LAND R.aReM~E(2.) MAILING ADDRESS 40 I Lo~'6E::1T S-rRE:ef, SJ. t1""E I' 0 J C-u:ARLUAI&2.. J R.. "33,1 0 E-MAIL ADDRESS FBL PEV @TAM~ BAY. RR , tOM PHONE NUMBER. J Il.,) 5"'0 - 5S9b CELL NUMBER (12ft 5bO-S5'9fe, FAXNUMBER. _(/'2.1) 44" - \2..'l(" PROPERTY DWNER(S) R~U G I ()....lS ~iY\UN\-ry SER. VI CES,. l RC'S)) I tJC. (Must Include ALL owners) AGENT NAME(S) , 'BLA \::€ lo~~AC.R~ 6. Scnrr L'N c.ouJ I ~ ~/o LA C-1\lIL MAILING ADDRESS J11fo CouRT S-rR'EEi I U.6iRLtSA-"T€tl., FL 3375<0 E-MAIL ADDRESS S L I NCCL,J @ LA C.ll./I L ... tOM PHONE NUMBER. l-rz., ) 44le. - q <rJ:j (-1'2.7) 70CJ - fo'i51 FAX NUMBER (-1"2..-1) 44fo - 'loSO CELL NUMBER LEGAL DESCRIPTION PARe el1f'ill'JM6 I;;:R PA;RCEt SIZE Page 1 of 7 - flexible Development ApplicatIon - ComprehenSive In(11I Redevelopment Project- City of Clearwater DOES THIS APPLICATION INVOLVE THE TF FER OF DEVELOPMENT RIGHTS (TOR), A PF. USL Y APPROVED PLANNED UNIT DEVELOPMENT, OR A PREVIOUSLY APPROvt:D (CERTIFIED) SITE PLAN? YES _ NO ..x.. llf yes, attach a copy of the applicable documents) C, PROOF OF OWNERSHIP: (Section 4.202.A) ~ SUBMIT A COPY OF THE TITLE INSURANCE POLICY, DEED TO THE PROPERTY OR SIGN AFFIDAVIT ATIESTING OWNERSHIP (see p<lge 6) (A1"TI\-CH€O) D. WRITTEN SUBMITTAL REQUIREMENTS: (Section 3-913.A) Ill, Provide complete reS:p~lIlses to the SIX (6) GENERAL APPLt€Jl\BllITY CRLTERIA -'Explaln'~ each cnterla IS'8cl1ll;1ved, In detail: 2 The proposed development of the land Wilt be In harmony With the scale, bulk, coverage, den$;iY aAdC6alf~~ ';;f:~dJ~nt pr?p~rt,esl;;;':":"- I whIch It IS located ! 1 ~ \ '~::-..: t, ' .::1 "'1/ I~ ,.,,~...... \ , E l ! ~ '- r 1 t f ~ '\ SEE. A-rrA ~ fntsGf€Cl NAMA.1 vE I ~ ~ ~ '/ ,'- -" i \ ; i I' II i I I I J \~~' . ~.J The proposed development will not hinder or discourage the appropriate development and us Of adjacent land and burldrngs or slgmficantly Impair the value thereof L-_~~~___ - - ~ - - _~~~...1 PLPI\II'>J:"G e" "[LOPMEI\!l SERVIl .::, (SEt i\""M7\C-f-fE!) ~-:rECr NAflM"-.vf 3 The proposed development will not adversely affect the health or safety or persons residing or workmg In the neighborhood of the proposed use ( SEE M'TA CHfD ffi'o~ecr NARflATI \If ) 4 The proposed development IS deSIgned to mInimiZe traffic congestion ( &E: A-rrAC-H6> Rza;r€C-I NMRAIl\JE) 5 The proposed development IS consistent With the commumty character of the Immediate VICInity of the parcel proposed for development ( Stf: A--ITAeHED fRc;JtcI NA~A-rl\/t) 6 The deSign of the proposed development rnlnlmlles adverse effects, lrlcludlng vIsual, acoustrc and olfactory and hours of operation Impacts, on adjacent properties ( ~ A-r.,-A-CHEt:> f'J'2.<)d""ecr NA~RA'rhJ~) o Provtde complete responses \0 tl\e ten (to) COMPREHeNSIVE INFlll REDEVElOPMENT PROJECT CRITERIA (as appllcable) - Explatn how each cntena IS achIeved In detail The development or redevelopment of the parcel proposed for developmenlls otherwise Impractical without deViations from the use, Intensity and development standards (~ A-rTAt.l-tEt> f7<D:fecr NAt?RA-rnJE:) Page 2 of 7 ~ Aexlble Development Application - Comprehensive Infllt Redevelopment ProJect- City of Clearwater 2 The development of the parcel proposed ,,,r development as a comprehensIVe Infill redevelop, _,It project or reSidential mfill project will not reduce the fair markel value of abultlng properties (Include the eXlstlng value of lhe site and the proposed value of Ihe slle wIth the Improvements) (SeE A11J\c.\-\E() ~e:rr N~1\vE) 3 The uses within the comprehensive Infill redevelopment project are otherwise pennltled In the City of Clearwater (S~ Ar",AC-\{ft:> ~CdECI f\JAR{(A,uJE) 4 The uses or mIx of use within, the cOmprehensive ~f'\filt ~i1evelovinenf pro;ect are compatible Wlt/1 adJ~cent t.lnd IJses (SEE A-r.,ACt--feo ~CclEC--r NARRA'\\JE:) 5 SUitable sites for development or redevelopment of the uses or mix of uses wIthin the comprehensive Infill redevelopment project are not otherwIse available In the CIty of Clearwater (~ AfrALttEC> f1?o"dB:-T NMtA-rf\/f) 6 The development of the parcel proposed for development as a comprehensive rnfill redevelopment project wJlI upgrade the Immediate VICInity of the parcel proposed for development (~ A1"'l ACHeJ".:) ~-:recr rJltIlILA'11 \It ) - 7 The deSIgn of the proposed comprehensive Intill redevelopment project creates a form and funcllon that enhances the community character of the Immediate VICInity of the parcel proposed for development and the City of Clearwater as a Whole C SEE AliA CH ED Reb'J'"ECT /'JAIUlA-nJS-) 8 FleXIbility In regard to 101 wldlh, reqUired setbacks, height and off-street parking are Justllied by the benefits to community character and the ImmedIate VICInity of the parcel proposed for development and the City of ClealWater as a whole ( gx k1-rA-C-H 6;> Pt'lUTecr f\1MIZA-n J€ ) 9 Adequate off-street parl'i:lng In the Immediate VICInIty accorcling to the shared parking formula In DIVISion 14 of ArtIcle 3 Will be avallable to aVOid on--street parking In the Immediate VICInity of parcel proposed for developmenl (S€G A-r-rACHEC> .J1?o;:rEC{ NA/2J2AIi ~) 10 The deSign of all buMfngs compiles wllh the Tounst DlstnCt or Downtown Dlstnct deSign guu:feflnes In DIVISion 5 of Article 3 (as applicable) Use separate sheets as necessary (~ tVI"lAC rtC-C> ff<D:fECf NAftJLA-r, J6 ') Page 3 of 7 - Aexlble Development ApplicatIOn - Comprehenslve lnflll Redevelopment Project- City of CleafWater E. SUPPLEMENTAL SUBMITTAL P.....-,UIREMENTS: (Code Section 4~202.A) ~ SIGNED AND SEALED SURVEY (including legal descrlpllon of property) - Orle ongmal and 1t'coples rsI iRE E SURVEY (Indudlng eXisting trees on site and within 25' of the adjacent site. by spe~es, size {DBH 4" or greater}, and location, including drip hnes and Indicating trees to be removed} (Nb 0 N <; 11'(" ~) LOCAilON MAP OF THE PROPERTY, l Ca0.ffi S\lE:ef" aP Pt.I\N.S A-NO A-rrAC ti ED) .0 o PARKING DEMAND STUDY In conjunction With a request to make deVIatIons to the parking standards (Ie Reduce number of spaces) Pnor to the submittal of thIS application, the methodology of such study shall be approved by the CommunIty Development Coordinator alld shall be In accordance Wit h accepted traffIC eng Illeerlng pnnclples The flndmgs of the study W III be used In determIning whether or not deViations to the parking standards are approved. if GRADING PLAN, as applicable, 0' 'PRELIMINARY PLA"f, as, riqUlte(H~ole Bultdmg"permlts will not be 'Isslled until eVlderrce of recording, a final pJatJi~;p<rO\f1ded), '0 COpy OF RECORDED PLAT, as applIcable, I, F. SITE PLAN SUBMITTAL REQUIREMENTS: (Section 4-202.A) ~ SITE PLAN With the follOWing ,nformation (rIOt to exceed 24" x 36~) ""/ All dImenSions, 2. North arrow, ~ Englneenng bar scale (minimum scale one Inch equals 50 feet), and date prepared, LocatIon map, ..L..,,/ Index sheet referenCing IndIVlduat sheets Included In package, v _ Footprint and size of all EXISTING bUildings and structures, --:7' Footpnnt and size of all PROPOSED buildings and structures, 7 All reqUired setbacks, 7' All eXlstmg and proposed pomts of access, --;7 All reqUIred sIght tnangles, !lA Identification of enVironmentally umque areas, such as watercourses, wetlands, tree masses, and specimen / trees, Including desCription and locatIon of understory, ground cover vegetataon and WIldlife habItats, ele; ~ Locallon of all public and pnvate easements, >./". Location of all street nghts-of-way Within and adjacent 10 the Site, --7 locatIOn of eXisting public and pnvate utilities. mcludlng fire hydrants, storm and sallltal)l sewer IlIles, manholes and 11ft stations, gas ,/ and water lines, ~ AU parkmg spaces, dnveways, loading areas and vehicular use areas, Includmg handicapped spaces, ~ ~ DepIction by shading or crosshatchmg of all required parlung lot mtenor landscaped areas, ~ Location of all sohd waste contamers, recyclmg or trash handling areas and outSide mechamcal eqUipment and all reqUired screemng (per / Section 3-201{D}(I) and Index #701), V Location of all landscape matenal, 7/11i Local1on of all Junsdlctlonal bnes adjacent 10 wetlands, 7 Location of all onslte and offslle storm-water management faCilities, - Location of all outdoor lighting fixtures, and "7 LocatIOn of all eXIsting and proposed SIdewalks ( CC\JG/L stf~ T 0 F' i1.AN5) I-=' ~ (0\ ,~~~ ~ -::- - l--'l \ 'I " I -j .' ,~~_. ~ I; r' trtr>-.l ~ I a FOR DEVELOPMENTS OVER ONE ACRE, prOVide the follOWing addltlonallnformatJon on site plan' ~ ~ 'I ...J:t One-foot contours or spot elevations on Site, 'i [ - " l. Off site elevations If reqUired to evaluate the proposed stormwater management for the parcel. All open space areas, I Location of all earth or water ret81nmg walls and earth berms, ' Lot Imes and bUlldmg lmes (dimenSioned), Streets and drives (dimenSioned), BUilding and structural setbacks (dimenSioned), Structural overhangs, Tree Inventory prepared by a 'certified arbonst", of all trees 8' OSH or greater, reflectmg SIze, canopy (drip hnes) and condition of such lrees 0" SITE DATA TABLE for eXisting, required, and proposed development, In written/tabular fonn ~ Land arlita In square feet and acres, r ~ Number of EXJSTlNG dwelling Ulllts; ""7 Number of PROPOSED dwelling uMs, """7 Gross ftoot area devoted to each use, V panung spaces.-. tolal number, presented In tabular form wllh the number of reqUired spaces, --;:7' Total paved, area, Including all paved parking spaces and drrveways, expressed In square feet and percentage of the paved vehicular area, ..z Size and species of alllands<::ape matenal, 2 OffiCial records book and page numbers of all eXlstlllg utility easement, BUilding and structure heights, Imp:<!mteable sur,face ratio (t S R_), and F.loot.-'<lrea::ta\~o @i';A,R)lIfor, air, nonresidential ,,",ses o 'REDUltED 'SFfE Pi!A:N, to scale (8' % X 1'1) andccOlor rendem1g, If possible .JU! I 5 ?!_11~4 J , " < I ...::lJ.lOVI....... f.-.. ~.. 11 J1- ... '~M:!n f)!-I ~\1 ~I-""'!' ( ::: ....1 I~ t rR Page 4 of 7 - FleXible Development Application - ComprehenSive Inflil Redevelopment ProJect- City of Clearwater REQUIREMENTS: (Section 4-1102.A) G. LANDSCAPING PLAN SUBMITl ~/ ~ ~ ~ ~ ...:L ~ ~ o LANDSCAPE PLAN All eXisting and proposed structures, Names of abuttmg streets, Drainage and retenllon areas Including swales, side slopes and bottom elevations Delmeatlon and dimenSions of all required perimeter landscape buffers, Sight VISibility tnangles, Delmeatlon and dimensions of <Ill parking areas mcludlllg landscaping Islands and curbing, Proposed and reqUlred.p.arkmg spaces, EXisting trees on-sIte and Immedlatety adjacent to the Site, by speaes, size and locations, Including drrpllne (as indicated on required tree survey), loc<llIon, Size, descnphon, speCIfications and qU<lntltles of all eXisting and proposed landscape matenals, Including botamcal and common names, T }lPlca~pta~!In~( d!!~~ls for tre~s, p~lms"shru9~ ,an~' gn:lUnd.,c9ve,r; ~~~ts'IncI4drng'lnsypclt~ns, S~~I' ,~~X$}s) ~afk~r~f!g, m!Jlchlng and protective meas.ures, ' '" " ,; , -, J,,~ ~ - _ > Jntenor,tan9s~pin'g, areas hatcned,andfor stfaded .a!lclJabere8i'aniffnterio1IJand$MR~;&\;e~'$~"e)c:PJesimg,lll'~bOth~qU.8fe Jeet~andl percentage COllefect, < Condlhons of a prevIous development approval (e g C(Jndltrons Imposed,'by the Community Development Board), Irngatlon notes (I t:O 0/0 1l'2.r2.tM1'IO,j CoLC-aAQe It:> BE p~v t~ ) REDUCED LANDSCAPE PLAN to scale (8 X. X 11) (cotor rendering If pOSSible) IRRIGATION PLAN (reqUired for Level Two and Three applicatIons) (To, ~ PIl0 V 1 0 E() Pf/A. elL 10 e.. DB) I, " , ~I ... " r.:' ~ o COMPREHENSIVE LANDSCAPE PROGRAM application, as applicable H. STORMWATER PLAN SUBMITTAL REQUIREMENTS' (CIty of Clearwater Design Criteria Manual and 4-202-;A.21 ) .zr ./ ~ ~ ""2 STORMWATER PLAN Including the follOWing reqUIrements EXISting topographY extending 50 feet beyond all property lines, Proposed grading Includmg fimshed floor elevations of all structures, All adjacent streets and mumclpal storm systems, Proposed stormwater detention/retention area Including top of bank, toe of slope and outlet control structure, Stormwater calculations for allenuabon and water quality; Signature of Flonda registered ProfeSSional Engineer on all plans and calculations COpy OF PERMIT INQUIRY LETTER OR SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT (SWFWMD) PERMIT SUBMITTAL (SWFWMO approval IS requited prior to Issuance of CIty Bwldlllg PermIt), If applicable o COpy OF STATE AND COUNTY STORMWATER SYSTEM TtE-IN PERMIT APPLICATIONS, If applicable (NA) o I. BUILDING ELEVATION PLAN SUBMITTAL REQUIREMENTS: (Section 4-202.A.23) ReqUired In the event the application-includes a development where deSign standards are 10 Issue (e 9 TOUrist and Downtown DIstncts) Of as part of a ComprehenSive lnfill Redevelopment Prolect or a Resldenllallnfil1 Project ~ BUILDING ELEVATION DRAWINGS - aU Sides of all bUildings including heigl'll dimenSions, colors and matenals ~ REDUCED BUILDING ELEVATIONS - four Sides of bUltdmg WIth colors and matenals to scale (8:l1 X 11) (black and whtle and color rendenng, If pOSSible) as required J. SUSr,."A6E: (,fhv.is'ion 1'9. SIGNS l Secti~n 3~1:a06,) o A'II EXISTING freestandIng and attached signs, ,PrOVide photographs and dimenSions ~area, heltJht, etc ), lndleate-whettier-they win be removed' or to remain I r ~"~\ Ie J ,- ~ -, "- II ryO"~\ \ IF F ~. rrt" All PROPOSED freestandmg and attached signs, ProVide detads mclud\ng location, SIze, heIght, colors, malerlals anI'! ~raw!llg j r ....lF~... / -r ~ { o ComprehenSive Sign Program application, as applicable (separate application and fee required) a' Reduced slgnage proposal (8 Y2 X 11) (color), If submlttlllg ComprehenSive Sign Program application , , , ' J J\J! I ~) 2f}j4 ; "1 I" ,I -:: ~\ C~ _ _ \ I t ~M Page 5 of 7 - FleXIble Development ApplicatIon - ComprehenSIve loflll Redevelopment ProJect- City of ClealW aler " - -- u " K. TRAFFIC IMPACT STUDY: (Section 4-202 A 13 and 4-801 C) - 0 Include as required If proposed development will degrade the acceptable tevel of service for any roadway as adopted In the Comprehensive Plan Tnp generation shall be based on the most recent edlbon of the Institute of Transportation Engmeer's Trip General Manual Refer to SectIOn 4-801 C of the Communily Development Code for exceptions to this reqlllrement L SIGNATURE: I, the underSigned, acknowledge that all representatIons made III this application are tl1.le and accurate to the best of my knowledge and authOrize City representatives to VISit and photograph the property described In thiS application ~n\.( p&alJ~:' "'~>m: ld~ll~fi~tlon ~. r:-'..::....... ..... STATE OF FLORIDA, COUNTY OF PINELLAS ~ Sworn to and subscribed before me thiS Q)5 day of 20 eM. to me and/or by " who IS personally known has , as AD r representative ill\ EI.lZABETH HARTlEV Notary Public Slate 01 Ronda My comm e~plles Oct e. Z006 No 00156325 ! r [J) ~ !I;~';-~ ~- ~-; ~-,-- ,-;,-- I) J t' - . _' l , ' : I,M' t .::__ _, - _ .' j' I j ..-. i! (~" ! l I JUL 1 5 2004 ,-'"' , , -,' ~ I I /1 t 1\' 1 ~' ....1 I [Q Page 6 of 7 - FleXible Development ApplicatIOn - Comprehensive Inflll Redevelopment ProJect- City of CleafWater "Old Clearwater City Flats & Old Cleanvater at Wells Court" \ PROJECT NARATlVE B. DescrIption of Request: The ApplIcant (Corbett Development, Inc) proposes to develop the subject sIte (279 acres) as a ffiIXed-use;proJect CO~1:S~ug of ~pli~o~Wl.1ll1sl2.\Q~ acr~~)_~a,nd--5Jl~q!!lty,~k,~p~ plus rc.~$t~UFant,(O,?O - .,.,~ , ,,~ tl "..", -, - ,- ~ ;>O~BI '^ ,t' '.1~1 d '''~ld\ Pi "J '+ 1- ""m ""'>,,:nI1: ~.." > d' ~ .;.~~v--' '1,. ~c (,' -, ac~~~) l~~ ~~m~~~lNm,-'~r0J~l~"1'"' ~; ~~'e ^~~,,'~ : ~ e<~~~eli~;f<J~1:'!~~',":~ {c~~!'~r:~c~luue ~~,~ 1, \700 SF conflomrmmn Ilmts and a". SF c1uorng11Se c!I,Ylt'ti1 ~andScapeJ.l"coIimIon a.Fea 'arountl "a , . - swnnming pool WIth (9) penmeter parlang spaces The retaIl portIon of the project will be caUed "Old Clearwater at Wells Court" and will mclude (4) specIalty retaIl shops (1 sl floor at * SF each) Co'O and a speCIalty dell/restaurant (2nd floor at 1,000 SF) The City Flats will be constructed III (3) bmldmgs (Senes 200,300 & 400) varymg in height from 4 to 5 stones (46 to 58 feet) surrounding a centrally located club house The club house Will be a smgle story structure The Wells Court buddmg will be (2) stones (35 feet) The restaurant IS proposed above the City Flats entranceway WIth a 14-foot vertical clearance, and the shops WIll be located symmetncally straddlIng each Side of the entranceway. The entranceway WIll be from Turner Street and wIll serve the entIre project The retail portIOn of the project will mclude 31 parkmg spaces. The commercIal buildmgs WIll be pOSItIOned 25 feet from Turner Street with stonnwater ponds deSigned to accent the project along Turner Street Lush landscapmg IS planned to accent the project penmeter and mtenor. The applicant has met With staff on (2) occasIOns, mcludmg a BPRC meetmg on May 12, 2004, to reVIew the proposed project To accomplish the project, approval IS bemg requested VIa a Flexible Development Level II Comprehensive Infill Redevelopment Application due to the followmg "standard code deVIatIons" requmng fleXIbIlIty 1 The project is a mIXed-use development III a commerCIal zorung district 2 The condomnnum bUIldmgs WIll vary III heIght from 46' to 58' whIch exceeds the 50' code maxImum However, a weIghted average of the (8) major bUIldmgs equates to an average heIght of 49' 3 The condormmum buildmg along Myrtle Avenue Will be setback 21 33' from the property line WhICh IS less than the code reqUlrement of 25' and the outside walkway/balcony IS setback 15' from the property hne whIch is less than the code reqUIrement of 25' 4 The southern buffer will vary m WIdth from 5' to 16 74' which deVIates form the code standard of 10' r" ----, ---- - -- "--- ... -=:\ r;:::=C" / -', -- - - - !: t'"~~ ~~_I [I :: ! i~: \, : ~.~ I I 1 - I ~-- -: ' ,-- ! \ I j ; ! 1) ~.... , r JUL I 5 2004 I f , .. -("1 ": L l' _ Ir~::l "Old Clearwater CIty Flats & Wells Court" Page 1 of3 D. Written Submittal Requirement: 1 The surroundmg propertIes lllclude neIghborhood scale retail (new Pubhx and shops), small professIOnal offices, the RCS Food Pantry (to remam), St Ceceha's Church and smgle famIly residentIal homes The project will be In harmony with the surroundmg propertles by VIrtue of the eltmmatJ.on f the blIghted commerCIal property to be replaced with luxunous condommmms and speci8lty shops catermg to local neIghborhood needs The project will be an extensIOn of the downtoiWIl Wlth a MedIterranean flavor and archItectural flare. ReSIdents of Old Clearwater CIty Hats V{d1< lenj~y the - flFlvacy' df ~ IgJit~d\ c~~~l'iti,~y, ~qfl~~:enj~~i~e; (I~ 'o;Et.tf}~"ifu:~F1'~r :tiotll ~area and/or the newby hI;sfoheahieigh:bciFn:()()~ Wells'Cotili 'wiH offeia~te~ta~t;~d\sh6p~'to cater to reSIdents' needs that wIll complrment the goods and seIVIces offered by the' nearby Pubhx Shoppmg Center at Turner and Fort Hamson QUIck access to the PmeIlas Tr311 wIll also be a benefit to reSIdents 2 The proposed development IS expected to be the hIghest and best use for the property. whIch should Increase nelghbonng property values It should be noted that the eXisting Scotty's facilIty has been systematIcally abandoned for over 10 years and IS likely degradmg local property values. The present site owner IS RCS, Inc , wluch IS a not-for-profit orgaruzatlon_ Development of the property as proposed IS lIkely to advance the CIty tax base 3 The proposed development WIll III no way degrade the health and safety of reSidents hvmg or workmg m the neIghborhood Conversely, the project IS expected to Improve the seeunty of the neIghborhood by ehmmatmg abandoned, unsafe warehouse bUIldings, removing a raIlroad spur and Improvmg localized floodmg problems ill addition, the project WIll create vanous new Jobs 4 The project will be far less mtense than a 3-acre commerCial development and will rnIillffilze traffic Impacts by ehmmatmg vehicular access dlrectIyto Myrtle Avenue 5_ The project WIll propagate the "hve-work" relatIonshIp already explodmg III downtown CleaIWater The project IS expected to create a nostalgia of "Old CleaIWater" WIth everythIng reSIdents need wIthm wallong distance 6. The benefits of the project wIll include lush landscapmg, MedIterranean archItecture, pedestnan SIdewalks, reSIdential scale hghtmg, and limIted shop operatmg hours. r- ----- - "~~0r=':\, - - Il ,. I t~ I~I\ C-I, -,!" 'r-=--' r i ) ~ ~ !IL........~(/~t~..::~_.... _ I ~ ~ - P r--" I " I r ' I, I It \ r ~, \ t~... , \ I II JUl r.; ')lint J c ,I ',' ~ -'" ..I ....1 "Old Clearwater GIty Flats & Wells Court" Page 2 0[3 : Comprehensive Infill Redevelopment Proiect Criteria: I Redevelopment of the subject property as a commerClaVretml operatIOn IS sImply not feasible III the subject neIghborhood Hence, the Scotty's has remamed closed and has been systematically abandoned over the past 10+ years The proposed mixed-use project IS more practical and IS more m harmony wIth the surroundmg neighborhood In adilltlon, smce the present owner ofthe property IS a not-far-profit orgamzatIOn, the Applicant expects the City tax base to be benefited as well 2 Re-development of the property IS expected,to In€rease the property, value-lIom $L5-mi'llionJo $13-mlHion followmg nnprovement based on condomimum urut market values of $250,000 for 48-umts and retail parcel value estImated at $ I-mIllion. 3. The proposed condommmm and specIalty retaIl shop uses are permItted uses elsewhere m the CIty. 4 The proposed uses are In common WIth, compatible and complimentary to adjacent land uses and the sUlToundmg neighborhood 5 The apphcant has not-located any sites wlthm the City that offer more sUItable and feasible proximIty to downtown, adjacent retml (pubhx, shops, etc ), medical facIlitIes, govemment, the nulroad and/or the Pmellas TraIl 6 The project IS proposed to remove and replace a blIghted commercial development (old Scotty's) With luxunous condomInIUms and specialty shops Hence, the project IS expected to upgrade the llnmedIate VICInIty 7 The project IS expected to enhance the commumty character by encouragmg, to the greatest extent pOSSible, a "hve-work-service" relationshIp wItlun a downtown core area 8 The proposed project requires mmor fleXIbilIty of reqUIred setbacks butldmg heIghts and landscape buffers to be reasonably and feasIbly developed The applIcant belIeves SaId fleXibilIty can asSISt III Increasmg property values, character of the neighborhood, the CIty tax base, and m creatIon of Jobs 9 The parkmg facIlIties for the project are expected to fully sustaIn the reSidential and commercial uses proposed for the project 10 The applIcant mtends to utIlIze speCific archItectural deSIgns and themes which have been hlstoncaIly eVldent In the neighborhood, even though the project IS not wlthm the tounst or downtown illstncts r----~~ --- --.---- ~ 1) ~ r;::- (,~\' ---- - - _l l ~~ jSlrr -~I I' _ I'! \ 'L I - I j r j I -, \"..... I II t-. ,- _:: -~- , ' ~ , ' JUl. I 5 ;fJ04 , ,~ ~...- "Old Cleanvaler CIty Flats & Wells Court" ,', r - , - ,~, r' Pagc3of3 M AFFIDAVIT TO AUTHORIZE AGENT Religious Community Services (ReS) (Names of all property owners) That (I amlwe are) the owner(s) and record title holder{s) of the follOWIng descnbed property (address or general location) See' Attached;1bega'l:'BescrjptI!>" 2 Thatthts property conslJlutes the property for which a request for a (descnbe request) Review re a Flexible Development Application for the Comprehensive Infdl Redevelopment Project (Mixed-Use) called "Old Clearwater Ci Flats" and "Old Clearwater at Well Court" at 610 South M rtle Avenue. 3 That the undersigned (has/have) apPointed and (does/do) appoint Blake LOnQ3Cre c/o Corbett Development (Applicant) Scott lincoln. PE c/o LA Civil (Applicant's ,EhQmeer) as (his/their) agent{s) to execute any pebtlons or other documents necessary to affect such petlllon, 3 Thai thIs affidaVit has been executed to Induce the City of ClealWaler, Ronda to consider and act on the above descnbed property, 4 That the applicant acknowledges that all Impact fees (parks and recreation, traffic, etc ) Will be paid PRIOR to the Issuance of a bUilding penmt, certificate of occupancy, or other mechanism, whichever ocaJrs first, 5 That Site VISits to the property are necessary by City representatives In order to process thiS application and the owner authonzes City represenlalrves 10 vlsll and photograph the property desCllbed In this application, ~---r:':::--\ 6 That (II~e), ,U::IJ~\~~~aulfi-?rjtf"tj4rr~ Ol~~t~,h~e foregOing IS true and correct ~ l ~ I _ ~ 1 1\: " ' P yOwner \ \ IF' ~ , " , \ r-\ \' \ L~.1 - l _.-~- JUl. J- QC5 pu.....r......"r '11 ~~-. i 8E':>' ... i ~ ~: r c~~_?~ \.1 ~ __ _ L --- --- Before me the undersigned an officer duly commissioned by the laws of the Stale of Florida, on thtS STATE OF FLORIDA, COUNTY OF PIN LLAS .;l s:#rday 0 Yt'I.I~r J..O()~ personally appeared Ir611 f) ,'C./<,.,..,d 11 ~latIIIa~filoddo Deposes and says that he!sfla fully understands the contents of the affidavltlhat he!Gile Signed My Commission Expires M"-Y ~ , )..pt)/!J S 1Plannmg DepartmentlAppllcallon Forms\development reView \2002 FormslcomprohenSiV6! mfill applicatiOn 2002 doc Page 7 of 7 FleXible Development Appllcallon - ComprehenSIVe Infill Redevelopment PrOject - City of Clearwater Pmellas County Property Appraiser InformatIOn 1529 15 54450021 0010 Page 2 of 5 15 I 29 I 15 / 54450 I 021 I 0010 21-Jul-2004 Jl.l'l Sl'l~th, CFA Pinellas County Property Appra~:oer 12'45.57 Ownership InfcrMatlcn I Non-Residential P r-ope r-tlj Add r-ess, Use, and Sales RELIGIOUS COMMUNITY SERUICES It~C 08K 13430 DPG, 24il 1855 HIGHLAND AUE S CLEARWATER Fl 33756 COl'lparable sales value as Prop Addr: 610 S MYRTLE AUE of Jan 1, 2003, based on Census Tract: 259.02 sales frol'l 2001 - 2002 0 Sale Date OR Book/Page Price (Qual/ UnQ) Vac/IMp Plat InforMation 3 /2.004 13,430/2,411 1.600.000 (H) I 1913' Book 001 Pgs 070- 0 /0 oj 0 0 ( ) 1914. Book 003 Pgs 043- 0 /0 oj 0 0 ( ) 0000 Book Pgs - 0 /0 0/ 0 0 ( ) 2003 Value EXEMPTIONS Just/Market' 517,100 HOMestead, 0 Ownersh~p :t .000 Historic 0 Use ,%, .000 Assessed/Cap' 517.100 Tax ExeMpt '1, .000 Other Exel'lpt 0 Taxable, 517.180 Agr:l.cultural 0 2003 Tax Inforl'lat1.on Updates for 2004 Land Inforl'lation in progre:os 2004 Changes not reflected in 2003 Values D1.strict: CW Seawall Frontage Clear-wate r- View: 03 I'<hllage' 23.0851 Land 51.ze Un~t Land Land Land Front x Depth Pr1.ce Units Meth 03 Taxes. 11.931.31 1) 165 x 115 6 00 22,550.00 S 5pec~al Tax .00 2) 215 x 175 6 00 28.875.00 S 3) o x 0 .00 .00 W1.thout the Save-Our-HoMes 4) o x 0 .00 .00 cap, 2003 taxes will be 5) 0 x 0 .00 .00 11.937.31 6) 0 x 0 .00 00 W1.thout any exeMptions, 2003 taxes will be : 11,937.31 Short Legal MAGNOLIA PAR.K ( LEAS E ) De8Cr1.pt1.on BlK 21. LOTS 1 , 2, 38:6 TO 18 INC l 2.: tl 1/2 OF UAC Building Information http Ilpao co pmellas fl us/htbl nlcgl -scr3 70= 1 &a= 1 &b= 1 &r=&s= 1 &u=O&p= 15+ 29+ 15+5 7/21/2004 LEGAL DESCRIPTION: THE NORTH 2 79 ACRE PORTION OF THE FOLLOWING DESCRIBED TRACT ALL OF BLOCK 26, MAGNOLIA PARK, AS RECORDED IN PLAT BOOK 3, PAGE 43, PUBLIC RECORDS OF PmELLAS COUNTY, FLORIDA, LESS lliE SPUTII 200 FEET OF TEtE EA'rST J'S(r t~:r mBiliE.@F~<'~' LESS t.. \ iRlA#6EiB" IN ""ffi, ,N@RJlI'FAST ,..""\ j;; j- _ ri'Jt (--r;;........1~ ('. 3:..- ~.y ~ ~ ~ ... c ~ Z ~ COmER 'ifH'ERE0F"iDESCmEED AS- ' < BEGIN AT A POINT ON THE EASTERLY BOUNDARY OF SAID BLOCK 26, AND 10 FEET SOUTH OF mE NORlliEASTERLY CORNER OF SAID BLOCK 26 AND RUN THENCE NORm 10 FEET TO SAID NORTHEASTERLY CORNER, RUN THENCE WEST 11 FEET ALONG THE NORTHERLY LINE OF SAID BLOCK 26, RUN THENCE SOU1REASTERLY TO 1HE POINT OF BEGINNING ALL OF BLOCK 21, MAGNOLIA PARK, AS RECORDED IN PLAT BOOK 3, PAGE 43, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, LESS AND EXCEPT LOTS 4 AND 5 THEREOF THAT PORTION OF V ACA TED OR CLOSED PINE STREET BEIWEEN BLOCK 21 AND BLOCK 26 OF MAGNOLIA PARK SUBDIVISION, ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK 3, PAGE 43, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, AS DESCRIBED IN ORDINANCE NO 2467-81 OF THE CITY OF CLEARWATER, FLORIDA RECORDED IN OFFICIAL RECORDS BOOK 5258, PAGE 2041, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA ENCOMP AS SING 3 85 ACRES MORE OR LESS (M 0 L ) IT ,~,::\ rs' ~F-\'~~ ~ -~ r; ~": ~ - --- ) -~, -, - , 1,II III,' '1\ ':'i,"', I ~ I~_ ~ ~ r l I.... .... .... 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II> c: ~~ ~ :ii1at1fo ~m~%::E""O !2A~~~:D ~.....o::2:;::-;::m m iUI.. mU,ll"'tJ ~'O-nm ~ ~-:.,._::rJ~:JJ ....~ilD20m. 1.: ~ ~ ~ ~ \ ;;;j~QUj-<( 3~~Ci5~ ~"T1 J- I ",r- :J ,b.~ 0 ~oI z "'", ClTY OF ~) ~nv ~ ;e ~ .....-+- ("b -" PmelIas County Property App- ':::er InformatIOn 1529 15 54450021 O(il') Page 2 of 5 15 / 29 / 15 / 54450 / 021 / 0010 Z9-Jun-Z004 JJ.M SMJ.th, CFA PJ.nellas County Property AppraJ.ser IS Z8:38 OwnershJ.p InforMatJ.on Non-Res1.dent1.al Property Address, Use. and Sales RELIGIOUS COMMUIIITV SERUIC ES INC OBK' 13430 OPG' Z411 1855 HIGHLAND AUE S CLEARWATER Fl 33756 COMparable sales value as Prop Addr: 610 S MV R Tl E AUE of Jan 1, 2003, based on Census Trac t . 259.02 sales frOM 2001 - 2002: 0 Sale Date OR Book/Page Price (Qual/UnQ) Vac/ IMp Plat InforMation 3 /2.004 13.430/2.411 1.600,000 (H) I 1913 Book 001 Pgs 070- 0 /0 0/ 0 0 ( ) 1914 Book 003 Pgs 043- 0 /0 0/ 0 0 ( ) 0000. Book Pgs - 0 /0 0/ 0 0 ( ) 2003 Value E XEMP nONS Just/Market. 517.100 Ho rrles tead . 0 OwnershJ.p % 000 Historic 0 Use % 000 Assessed/Cap 517.100 Tax ExeMp t %: .000 Other Exerrlpt 0 Taxable 517.100 AgrJ.cultural. 0 2003 Tax InforrrlatJ.on Updates for 2004 Land InforMatJ.on J.n progress 2004 Changes not reflected J.n 2003 Values District CW Seawall' Frontage CI earwate r VJ.8W' 03 MJ.llage, 23.0851 Land Size UnJ.t Land Land Land Front x Depth Prlce Unlts Meth 03 Taxes' 11.937.31 1) US x 175 6. 00 22.550.00 S Special Tax .00 2) 27S x 175 6.00 28.875.00 S 3) 0 x 0 .08 .00 WJ. thout the Save-OUr-HOf"'l8S 4) 0 x 0 . 00 . 00 cap, 2003 taxes wlll be 5) 0 x 0 .00 .00 11.937.31 6) 0 x 0 00 .00 WJ.thout any exeMptJ.ons, 2003 taxes wlll be 11.937.31 Short Legal HAGIIOLIA PARK ( LEASE ) Descrlptlon BlK 21. LOTS 1. 2. 3 3: I> TO 10 I1~ C l 3: N 1/2 Of UAC Building Information http Ilpao co pmellas f1 uslhtbm/cgl-scr3?o=1&a=l&b=1 &r=&s=l&u=0&p=15+29+ 15+5 6/29/2004 Pmellas County Property Apr~~'o;er Infom1atJon 15 29 15 544500260(110 Page 2 of5 15 / 29 / 15 / 54450 I 026 / 0010 Z9-Jun-Z004 JU'l Srrllth, CFA Plnellas County Property Appralser 15.30 Z3 Ownershlp InforMatlon Non-Residential Property Address. Use, and Sales RELIGIOUS COMMUNITY S ERUIe ES INC OBK 13430 OPG. 2411 1855 HIGHLAND AVE S CLEARWATER FL 33156 COMparable sales value as Prop Addr 100 DRUID RD of Jan 1, 2003, based on Census Trae t Z59 OZ sales frOM 2001 - 2002 0 Sale Date OR Book/Page Price (QuallUnQ) Yac/ IMp Plat InforMatlon 3 /Z.004 13,430/Z,411 1,600,000 (M) I 1913 . Book 001 Pgs 010- 0 /0 0/ 0 0 ( ) 1914 Book 003 Pgs 043- 0 /0 0/ 0 0 ( ) 0000 Book Pgs - 0 /0 0/ 0 0 ( ) 2003 Value EXEMP T IONS Just/Market: 491,100 HOrrlestead: 0 Ownershlp % 000 Hlstorlc 0 Use %. .000 Assessed/Cap' 491,100 Tax ExeMpt % 000 o trl e r ExeMpt 0 Taxable. 491,100 Ag r leu I tural. 0 2003 Tax InforMatlon Updates for 2004 Land InforMatlon In progress. 2004 Changes not reflected In 2003 Values Dlstrlct CI,..I Seawall Frontage C.learwat e r Vlew: 03 Mlllage' 23.0851 Land Slze Unlt Land Land Land Front x Depth Prlce Unlts Meth 03 Taxes 11.415 G8 1) Z8G x 160 6.00 45,760 00 S Speclal Tax 00 2) 153 x ZOO 4 00 30,600 00 S 3) 0 x 0 00 00 Wlthout the 5ave-Our-Horrles 4) 0 x 0 00 . 00 cap, 2003 taxes wlll be 5) 0 x 0 .00 . 00 11.415 60 6) 0 x 0 00 00 Wlthout any exeMptlons, 2003 taxes will be 11.415.60 Short Legal MAGNOLIA PARK BLK 26, LOTS 1. Z, 9 8: 10 8: Descrlption PI OF LOTS 3,4,5 8: 8 ALL UESC AS BLK Z6 LESS E 150 Building Information http //pao co pmellas fl us/htbm!cgl-scr3?o=l&a=l&b=1&r=&s=l&u=O&p=15+29+15+5 612912004 I; 0/()S/fJ~ '\ 60f fL FLDafJD if -oS6 51 CITY OF CLEARWATER NOTICE OF COMMUNITY DEVELOPMENT BOARD PUBLIC HEARINGS The Commumty Development Board of the City of Cledrwdter Flonda, w1l1 hold public hednng<, on Tuc~day, August 17, 2004 begummg at I 00 pm, m the City Council Chdmbers, 1fI CIty Hall, 3rd floor 1] 2 South O~CCOld A venue, Cledrwater, Flonda, to conMder the followmg reqlle~ts NOTE All penons wlshme: to addres~ iln Item nced to be present at the BRe INNING of the meetm\!. Tho~e ca~e~ that are not contested by the applicant. staff, m'Il!hhorme: property owner~. etc Will be placed on a consent ae:enda and .lPproved by a smde vote ilt the bc!!mmnl! of the meetml! ] Vlr!!lma B Franks (Radchffe DLvclopment Compdny, LLC) .Ire requestmg a FleXible Development approval to develop 4 re<,ldwtlal attached dwellmg UnIts on a 6,4 79 ~q ft lot (10,000 sq ft I~ rLqUlred), with a mlllllllUm lot Width of 60 ft (100 ft IS req U1 red) a rcduLtlOn m the front setb.ICk from is ft to 6 ft to pd vement, a reductlOn III the <,1 dc (,>ou th) ~etb.ICk from 10ft to zero ft to wooden deck wdlkway, a reductIOn of the Side (north) setback from lOft to 8 ft (to bUlldmg), a recluctlOn of the redr setback from 20 ft to 10ft to wooden deck, and a buildmg height mcrease from 35 ft to 51 R3 ft from FEMA to roof mldpomt under the provISIons of ScLtlOn 2-803 B (Propo...ed Use Attached dwellmg~) .It 669 Bay Esplanade, Mandalay Ulllt No 5 Replat, Blk 77, Lot 8 FLD2004-03018 2 Joann A Palmen IS requestmg a fleXIble Development approvdl to permlt the converSlon of a ~lllgle-famdy detached dwelJlllg I11to .In attached dwelhng (duplex) under thc proVISIOns of SectlOn 2-204 E a~ a ReSidential fnfill ProJClt (Proposed Use Duplex m aSSOCl.ItJon with an eXI<,tmg ~ll1g1e-famI1y home) at 517 Sknlew Ave, Boulevard Pmes, Blk A, Lot<, 17-18 & part of Lot 19 FLD2004-04030 3 WIIlI.lm M Shephard TRE / Lae:oon Re~ort Motel are reque~tl11g .I FleXible Development approval for the comtructlOn of ol 227 5 sq ft addition (prevIOusly constructed without permit) to an eXlstlllg 2,775 sq ft commercldl dock, under the proVISIOns of SectIOn 3-60 I (Propo~ed Use: AdditIOn to an eXlstll1g dock for Shepard's) at 619 South Gulf view Blvd., BaY51de Sub No 5, Blk C, Lot<, 1-5 FLD20il4-05033 4 l< UIVIU & Maddalcna Dlvello are reque5tlllg ol fleXIble Development approval to Terminate the Status of a NonconformIty for denSity wlthm the Tounst District to pemllt the relocatIOn of five overlllght aLLommod,ltlon UnIt<, from the <,outhem bUlldll1g (BUlldlllg A) to the northern bulldmg (BUlldmg B) .Ind the conversIOn of 5 overl11ght acconunodatlOn Ul11ts III the <,outhem bUlldmg (BUlldmg A) to acce~50ry <,torage and hotel office U~.Igt With a reductIOn to the front (west) 5etbaek from 15 ft to zero fl (to eXlstl11g pavement), a reduction to the front (south) setback from 15 ft to 7 ft (to eXl'~tJng pavement), a reductlOn to the ~Ide (north) setback from 10 ft to 3 ft (to eXlstmg pdvcmcnt), a recluctlOn to the SIde (east) ~ctb.Kk from 10 ft to 3 ft (to eXlstmg pavement), dn mcrease to heIght from ]5 ft to 48 f1: (exlstmg BUlldlllg A) and from 35 ft to 67 ft (cxI~tlng BUlldmg B) and to ehmmate the 5 foot Wide foundatlon landscape ared adjacent to the 5011them bUlldmg (BUlldmg A), under the proVISIOns of SectIOn 6-109 C and SectIOn 2-803 f, With a ComprehenSive Ldnd~colre Program under the proVISIOns of SectIOn 3-1202 G (Propo~ed Use Ovemlght accommodatIOn u<,,, of a proposed total of 110 UnIts) at 445 Hamden Dr, Columbia Sub No 5, Lot~ 4 - 11 mcl & npanan nght~ & land adJ FLD2004-04021 5 Rehf':I011~ Commumtv Service" (RCS), Inc_ (F Bl.Ike Longacre) are reque~tlllg d FleXible Development approval to pemn! a mixed use development With rt.-ductlOns to the fJOnt (t.1st) setback along Myrtle Avf.- from 25 ft to 15 ft (to pavement) and 21 ft (to bUlldmg) and the Side (south) setback from 10 ft to 5 ft (to pavement), dnd d bUlldlllg height lllcrC.I<,e from 25 ft to 59 ft from Base Flood ElevatIOn (BFE) to roof mldpomt, under the provlslOns of Sectlon 2-704 F (Propu...ed Use MI X ed-u ~e development With 48 aUa ched dwel h ngs, 2,75 7 ~q f1: of retail space and I 600 sq ft of restaurant <,pace) at 610 'South Mvrtle Ave. Mag-!le!ta:~B]k 21, Lots 1-3 & 6-10 mcl and Magnoha Park, Blk 26, Lots 1,2,9&\0 and part of Lots 3, 4, 5 &8~bDZ004,,05039. 6 Global Fmancla] I nve~tments, LLC (FKA' Corporate ProDertle~. LLC) & Geon!e C Clark I nve~tments, LTD. are rcque~tmg a l:-lexlble Dtvelopment approwl wlth reductIOn of the front (we~t) setback along Lawson Rd from 25 ft to 14 ft (to bUlldmg), from 25 ft to 10 ft (to pavemt.-nt), reductIOns to front (Ld~t) ~etback along Lawson Rd ham 25 ft to 7 n (to patlO~), from 25 ft to II ft to (bUlldmg) dnd from 25 ft to \ 0 ft (to p.Ivtment), a reductlOn of the front (north) <,etb,lck .Ilong Blackburn St from 25 ft to 8 ft (to polvunent), and recluLtlon<, to d ldnJ~cape buffer from 10ft to 7 ft (to pdtIO'>) .Ilong the cast Side of Law~on Rd, from lOft to (j ft (to pavement) along thL we,>! Side of Lawson Rd, dnd from lOft 108ft (to IMvement) along the 11011h wie of Blackburn SI, a<; a Resldentwllnfill ProJect, under the prOVISlon~ of ScUlon 2-304 G Jnd Pre 111TI III a ry Pla.l approval for 281 I ot~, and as a Compl chen~1 ve Landscd pe Pro gram, under the prov 1~1011~ of SeclJon 3- 1) .. 1202 G (Proposcd Usc A reSidentIal development of 28 I attached dwc1hng~) M 2520 Sun<;ct POint Rd Blackbum ~ Sub, part of Lots I 1& 12 & vac st 1<LD2004-02011 7 CommulIlty Redcvelopmcnt Al!cl1cV & '( onc 40, LLC. are reqllestmg a FlexIble Development approval to permit a mlxed-ll~(" dcvclopmcnt and;; bUlhlll1g WIthin the r(.,qtllred "lght VI<'lbdlty tndngle,> dlong Ldurd Stleet, balcomes along the front (north) fayade along LlUra Street wlueh extend 50 It1ches mto .I public flghl-of-way, reductton of the reqlllred number of parkmg ~pdCCS from 229 ,>paces to 196 '>pace,>, an Increa,>e In the pcnmtted hClght from 30 feet to 165 feet (bUlldmg heIght of 158 feet and a seven foot parapet wall) and an Increase of the pemlltted d(,ll~lty horn 64 dwellmg umts to 126 dwellll1g umts by USing 62 dwellmg units from the Clearwater Downtown Redevelopment Plan area Pubhc Amenttles Incentive Pool, ,I~ a ComprehensIve Infill Redevelopment Project, under the provI~lon<, of Scctlon 2-903 C and .I Comprehensive Landscape Program to el1mll1ate the reqUIrement to provide foundation plantmgs, under the prOVISIOns of Section 3-1202 G (J'roposcd Usc A lluxed-use development With 126 attached dwellmgs and 10,000 sq ft of re~tdurant and retaIl, sales and service) at 628 Cleveland St., Gould & Ewmg's 2nd Add, Elk 19, Lots 4-11 and part of Lot 12 FLD2004-05036 8 Clearwater Houslll!! AuthOrity IS requestmg a FleXible Development approval (1) to permIt a mIxed use development (nonresidential and dttached dwclhng~) In the plOpo~Gd Commercial (C) Dlstflct With a reductIOn to the front (mternal propo~ed ~trcet~) ,>dback from 25 ft to zero ft (to bl1l1dmg and pavement) and an Increase to blllldmg height from 25 ft to 50 ft, as a ComprehenSive lnfill Redevelopment Project, under the provI'>lOm of SectIOn 2-704 C, and (2) (a) to permit atldchcd dwelhngs 111 Ihe proposed MedIUm DenSity ReSldentldl (MDR) District wlth a reductIOn to the front (north - Drew St) setback from 25 ft to 22 ft (to patIOS), reductIOns to the front (east - BaYVlew Blvd) setback from 25 ft to 15 ft (to pavement) dnd from 25 ft to 22 ft (to dumpster enclosure), reductIOns to the front (mternal proposed streets) from 25 ft to 10 ft (to bUlldmg and pavement), .In mcrCd:;,e to bUlldmg hught from 30 ft to 50 ft dnd d devlatlOn to reduce the height of fence or wall from 4 ft to 3 ft to screen parkmg from adjacent parcels or street flghts-of-way, and (b) to permIt detached dwellings WIth a reduction to lot area from 5,000 sq ft to 4,600 sq ft, a reductIOn to lot Width from 50 ft to 40 ft, a reductIOn to the front (mtcm;;1 proposcd streets) setback from 25 fl: to 16 ft (to bl1lldmg) and from 25 ft to 10 It (to bUlldmg - comer lots), a reductIOn to the Side setback from 5 ft to zero ft (to bUlldmg dnd pavement) dnd a devlatlOll to allow the reduced lot aH,a dnd WIdth for ncw lots, as a Residential Jnlill Project, under the proVISIOns of SectIOn 2-304 G, (3) a Prehmmdry Plat for 25 attached dwelling (townhome) ]ot~ dnd 67 detdched dwelhng (zero-Iot-hne) lots and (4) the vacatIOn of the ranglewood Dr dnd Sdnd1cwood Dr nghts-of-way and easements on the subJect properly (Propu!>ed Use A mixed-use d("velopment of 295 total dwe1hng umts (mdudmg 67 detached dwellmgs ami 228 attached dwelling:;,), 30,000 sq ft of rttdllu,>e, 5,000 sq t1: accessory day care center, 22,000 sq ft accessory commumty center, 5450 sq ft clubhouse) at 2995 Drew St , Set 17-29- 16, M&B 11 0 I FL D2004-05034/PL T2004-00006 9 Antolllo~ MarkoDoulo~, T M Me!!d!> and Kolo:>:>os Inn, Inl are requc:;,tmg (I) Flexlbk Development approval to Terminate the Status of .I Nonconfomllty for den~lty wlthm the Toufl~t DI:>tflct, under the proVISIon,> of SectlOn 6-109 C, (2) Flcxlble Development approval to permit 350 overmght aecommodallOn umts and 75 attached dwelhngs as a mlxcd u,>e (with lIlerease lt1 den~lty of 250 hotel room') from the Beach by Dewgn den~lty pool), With .I reductlOn to the front (ea')t dlong Coronddo Dr) setback from 15ft to zero ft (to blllldmg), a reductlOn to the front (south along proposed Second St ) ~Gtback from 15 ft to zero ft (to blllldmg), a reductlOn to the front (west and north along South Gulf vIew Blvd) setback from 15 ft to zcro ft (to bUlkhng), .In llluease to the bUllchng helght from 35 ft to 150 ft (to roof deck) WIth an dddltlOnal 5 ft for pcnmetcr parapets (from roof deck) and an addltJonal 33 ft for elevator, stair, mechamcal room~/archltectural embellishment<, (from roof deck), deViatIOns to allow stacked parklllg and ;;Uow .I blllldlllg wlthm the requued Sight vlslbllIty tnangles at the IIltersectlOn of Coronado Dr and proposed Second St , as a ComprehenSIve Infill Redevdopment ProJcct, unda tht, provlslOns of Section 2-803 C, and to elImmate the reqUired foundatIOn landscapmg along Coronado Dr dnd prop o~cd Sewnd St , as a ComprehenSive Landscape Program, under the proVISIOns 0 f SectIOn 3-1202 G, dnd (3) the VdcdtlOn of d portIOn thc nght-of-way for GlllfvlCW Blvd between Coronado Dr dnd propo')cd Sewnd St, the vacatIOn of the Fust St nght-of-way between Coronado Dr dnd Gulf view Blvd, the dedlcdhon of nght-of-way for proposed Scwnd St between Coronado Ave and CrulfvJew Blvd dnd the dedlcdtlon of flght-of-way for Coronado Dr between proposed Second St and Gulf view Blvd (Proposed Use Hotel of 350 rooms, 75 attached dwellmgs and a maxmlllm of 37 000 ~g ft of ametllhes dcce~:;,ory to the hotel) al J 00 Coronado Dr, Lloyd- Whlte-Skmner Sub, Lot<, 44-55, 90-100, 102 part of Lot 56 & 101, and Columbld Sub, Blk A, Lot 1 FLD2004-02013 Intcrc:;,tcd parties may appear and be heard at the heanngs or file wntten notice of approval or obJectIOn With the Pldnl1l11g Director or CIty Ckrk pnor to the heallngs Any person who decide,> to appeal any deCISIOn made by the 80llld, WIth I espect to dn y matter conSidered at such heanngs, Will nced to req llCSt and obla III party ~tatu ') by the Board dun ng the case d I sw ,)~lOn a record of the proceedmgs and, for such purpose, may need to ensure that a verba tJ m record of the procccd11lg~ I:;' llldde, whICh recOld mcludes the testnnollY and eVidence upon whIch the appeal IS to be based per Flonda Statute ... 286 0 I 05 Communi ty Development Code ~<,ctlOn 4-206 sta te~ thdt party status ::.h,1I1 be granted by the Board ] f person r<,questlllg slleh demonstrate~ that s/he ]s substantially affected Party statu~ entitle:;. parties to personally te~t]fy, present ev]dcnce argument and wltne~~e~, ero:,:,-exallune WItnesses, appeal the deCISIOn and ~peak on reconslderdtlOn reque~[<, An oath wtll be admmt~tered ~wearmg all participants lt1 publlc hearing ca~e<; If you wIsh to ::.peak please walt to be recogmzed, then ~tate and spell your name and proVIde your address Person~ ~peakmg before the CDB shall be Imuted to three mmute& unle~s an mdlvtdualls repre~entmg a group In whlch ca~e the Chairperson may authOTlze a reasonable dmount of tIme up to 10m mutes Five ddYS pnor to the meeting, staff report,> ,md recommendatIOns on the above request~ WIll be avallablc for review by mterested partlCs bLtween the hours of g 30 a m and 4 30 pm, weekdays, at thE, CIty of Clearwater, Pldnnmg Department, 100 S Myrtle Ave, Clearwater, FL 13756 Please contact Frank Gerlock, Development ReView Manager, <It 562-4557 to dIScu,>~ dny que~tlOns or concerns about the project dnd/or to better understand the proposal and review the stte ptm Th],> notice WdS ,>ent by the OffiCial Records and Leg],>Ial1ve ServIces Dep3ltment, Cynthm E Goudcau, CMC, CIty Clerk Li:>d Fierce Planmng Department Cynthia E Goudeau, CMC City Clerk City of Clearwater POBox 4748, Cledf\vater, FL 33758-4748 NOTE Applicant or representatIve must be pre<,cnt at the hearmg YOU ARE BErNG SENT THIS NOl ICE IF YOU ARE THE APPUCANT OR OWN PROPERTY WITHIN 200 FT OF THE SUBJECl PROPERTY A COPY OF THIS AD IN LARG{, PRINT IS AVAILABLE IN TH E OFFICIAL RECORD., AND LEGISLATIVE SERVICES DEPT ANY PERSON WITH A DISABILITY REQUIRING REASONABLE ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS MEETING SHOULD CALL rHE OFFICIAL RECORDS AND LEGISLA TlVE SERVICES DEPT WITH TH l<:lR REQUEST AT (727) 562-4090 Ad 08/01104 VISION ARCHITECTURE & DEV C/O WANG, HSIU YU 338 N BAY HILLS BLVD SAFETY HARBOR FL 34695 - 4905 SERENITY CLUB OF CLEARWATER, INC 631 TURNER ST CLEARWATERFL 33756 - 5314 KEDAN, ELLA TRE 2354 HADDON HALL PL CLEARWATER FL 33764 - 7510 HUFF, DONALD 311 NLINCOLN AVE CLEARW ATER FL 33755 - 4729 KOHRS, DEAN 809 PINE ST CLEARWATER FL 33756 - 5619 BATT,HOWARDC 611 DRUID RD E # 712 CLEARWATER FL 33756 - 3931 BATT, HOWARD C 611 DRUID RD E # 712 CLEARWATERFL 33756 - 3931 PELICAN BAY L TD INC 150 DOUGLAS AVE DUNEDIN FL 34698 - 7908 JOHNSON, ALAN L 703 S MYRTLE AVE CLEARWATER FL 33756 - 5617 PROSPECT TOWERS OF CLEARW ATER INC 801 CHESTNUT S1 CLEARW AlER FL 33756 - 5626 t=CJ>>OOl-I- 5039 N ~ , \ LhONARD, LE CLAIR K Pn"ELLAS COUNTY 708 S PROSPECT AVE ATTN ENGINEERING RIW CLEARWATERFL 33756 - 5630 315 COURT ST CLEARWATERFL 33756 - 5165 PINELLAS COUNTY ATTN REALESTATEMGMT 315 COURT ST CLEARWATER FL 33756 - 5165 LITTLE E BRAVO 1428 LEMON ST CLEARWATER FL 33756 - 2341 NEI INC 5146 KERNWOOD CT PALM HARBOR FL 34685 - 3617 DRUID ROAD 611 DRUID RD E STE 105 CLEARWATERFL 33756 - 3948 KIRKLAND, NORMAN L JR TRE BEHAN, JOHN W 1335 S MISSOURI AVE CLEAR W ArER FL 33756 - SZABO, BRUCE 611 DRUID RD E STE 717 CLEARWATERFL 33756 - 3947 SCHAFER, STEPHEN R 811 E PINE ST CLEARWATER FL 33756 - 5619 DEXTER PROPERTIES 612 DRUID RD E CLEARWATER FL 33756 - 3912 DRUID ROAD 611 DRUID RD E 5TE 105 CLEAR WATER FL 33756 - 3948 BRUYNELL, JOHN E 3251 SAN BERNADINO S1 # 333 CLEARWATER FL 33759 - 3515 TULLY, JOE TULLY, CYNTHIA 611 DRUID RD # 407 CLEARW ATER FL 33756 - 3935 DIOCESE OF 5T PETERSBURG PO BOX 40200 ST PETERSBURG FL 33743 - 0200 KEDAN, ELLA TRE 2354 HADDON HALL PL CLEARWATERFL 33764 -7510 REVE, HANS F 611 DRUID RD E STE 200 CLEARWATERFL 33756 - 3946 P ANTELIDES, GUS K 611 DRUID RD # 703 CLEAR WATER FL 33756 - 3939 NEI INC 5146 KERNWOOD CT PALM HARBOR FL 34685 - 3617 WIDTEHOUSE, STEW ART M SR WIDTEHOUSE, ETHEL L 603 TURNER ST CLEARWATERFL 33756 - 5314 MACHAN, CHARLES W MACHAN, EMMA V 610 S PROSPECT AVE CLEARWATER FL 33756. 5628 SERENITY CLUB OF CLEARWATER, INC 631 TURNER ST CLEARWATER FL 33756 - 5314 PHILLIPS, CRAIG PHILLIPS, PEGGY 611 DRUID RD E STE 105 CLEARWATERFL 33756 - 3948 DEXTER PROPERTIES 612 DRUID RD CLEARW ATER FL 33756 - 3912 HEYE, HANS F 611 DRUID RD E STE 200 CLEARW ArER FL 33756 - 3946 FRONTIER PROPERTIES 504 S MYRTLE A VB CLEARWATER FL 33756 - 5614 KEDAN, ELLA TRE 2354 HADDON HALL PL CLEARWATERFL 33764 -7510 AEMERFAHRUNG CIO CORROS INC 1000 BRICKELL AVE STE 920 MIAMI FL 33131 - HEYE, HANS F 611 DRUID RD E STE 200 CLEARWATER FL 33756 - 3946 n.6YE, HANS F 611 DRmD RD E STE 200 CLEARWATER FL 33756 - 3946 HEYE, HANS F 611 DRUID RD E STE 200 CLEARWATER FL 33756 - 3946 WALLACE, WILLIAM D TRE WALLACE, JOHN L 606 TURNER ST CLEARWATERFL 33756 - 5315 CREDITIQ INC 611 DRUID RD STE 403 CLEARWATERFL 33756 - 3935 PINELLAS COUNTY HAUSE, BRUCE PERFECTLY BALANCED A 1TN GENERAL SERVICES MONAS, CAROL N BOOKS INC 315 COURT S1 700 SOUTH PROSPECT A VB 611 DRUID RD E # 401 CLEARW ATER FL 33756 - 5165 CLEARWATER FL 33756 - 5630 CLEARWATER FL 33756 - 3920 Wll..LIAMS, ROBERT MIll DRUID ROAD SPOTO, PETER J 1363 HIBISCUS S1 611 DRUID RD E STE 105 SPOTO, FERNE J CLEARWATER FL 33755 - 3406 CLEARW ATER FL 33756 - 3948 535 PALMETTO RD CLEARWATERFL 33756 - 1435 PEFTIER, COLETTE P DIMMITT CAR LEASING INC FLORIDA PROJECTS RR2 BOX 110 25191 US HIGHWAY 19N PO BOX 609 OTr A W A ON K2C 3Rl 00030- CLEARWATER FL 33763 - 2102 LEWISVILLE NC 27023 - 0609 CANADA WOLFE, WILLIAM H JR TRE CLEARWATERMM HAMME SF AHR FAMILY LAND WOLFE, JOE R TRE INVESTMENT CO TRUST PO BOX 2924 12813 WILD ACRES RD 600 DRUID RD CLEARWATER FL 33757 - 2924 LARGO FL 33773 - 1517 CLEARWATERFL 33756 - 3912 A E M ERF AHRUNG DRUID ROAD CLEARWATER, CITY OF C/O CORROS INC 611 DRUID RD E STE 105 PO BOX 4748 1000 BRICKELL A VB STE 920 CLEARW ATER FL 33756 - 3948 CLEARWATER FL 33758 - 4748 MIAMI FL 33131 - PINELLAS COUNTY CREDITIQ INe P ANTELIDES, GUS K ATTN REAL EST ATE MGMT 611 DRUID RD STE 403 611 DRUID RD E # 705 315 COURT ST CLEARWATERFL 33756 - 3935 CLEARWATERFL 33756 ~ 3939 CLEARWATERFL 33756 - 5165 P ANTELIDES, GUS C K S ENTERPRISES ~ARPENTER, JA Y E 611 DRUID RD E # 706 1696 N HERCULES A VB CARPENTER, JANA Q CLEARWATER FL 33756 - 3959 CLEARWATERFL 33765 - 1929 612 HARBOR IS CLEARWATER FL 33767 - 1801 NACOL, T PATRICK C K S ENTERPRISES CLEARWATER MM NACOL, BARBARA K 1696 N HERCULES AVE INVESTMENT CO 611 DRUID RD E# 711 CLEARWATERFL 33765- 12813 WILD ACRES RO CLEARWATERFL 33756 - 3931 LARGO FL 33773 - 1517 ROGERO, MARY H FERRARA TECHNOLOGY AEMERFAHRUNG 2300 ALLIGATOR CREEK RD PARTNERS C/O CORROS INC CLEARWATERFL 33765 - 2205 611 DRUID RD E # 704 1000 BRICKELL A VB STH 920 CLEARWATERFL 33756 - 3939 MIAMI FL 33131 - PINELLAS COUNTY DIMMITT CAR LEASING INC LEONARD, LECLAIR ATTN REAL ESTATE MGMT 25191 US lllGHWAY 19 N 708 S PROSPECT A VB 315 COURT ST CLEARWATERFL 33763 - 2102 CLEARW ATER FL 33756 - 5630 CLEARWATERFL 33756 - 5165 DRUID ROAD PINELLAS COUNTY PERFECTLY BALANCED 611 DRUID RD E STE 105 ATTN REAL ESTATE MGMT BOOKS INC CLEARWATER FL 33756 - 3948 315 COURT ST 611 DRUID RD E # 401 CLEARWATERFL 33756 - 5165 CLEARW ATER FL 33756 - 3920 PHILLIPS, CRAIG S CARRO, GREGORY JOHNSON, ALAN L PHILLIPS, PEGGY L CARRO, DIANA 703 S MYRTLE AVE 3716 MCKAY CREEK DR 604 S PROSPECT A VB CLEARWATERFL 33756 - 5617 LARGO FL 33770 - 4566 CLEARWATERFL 33756 - 5628 HEYE, HANS F PINELLAS COUNTY KEDAN, ELLA TRE 611 DRUID RD E STE 200 ATTN GEN SERV IRE 2354 HADDON HALL PL CLEARWATER FL 33756 - 3946 315 COURT ST CLEARWATER FL 33764 - 7510 CLEARWATER FL 33756 - 5165 PlllLLIPS, CRAIG ROEC CLUB INC PONTRELLO, WILLIAM G PHILLIPS, PEGGY 607 INDIANA A VB 619 CHESTNUT ST 611 DRUID RD E STE 105 CLEARW ATER FL 33756 - 5306 CLEARWATER FL 33756 - 5336 CLEARWATER FL 33756 - 3948 CARRINGTON & CARRINGTON DRUID ROAD PINELLAS COUNTY PA 611 DRUID RD E STE 105 ATTN GENERAL SERVICES 619 TURNER ST CLEARWATER FL 33756 - 3948 315 COURT S1 CLEARWATERFL 33756 - 5314 CLEARWATER FL 33756 - 5165 FRONTIER PROPERTIES BAY REAL ESTATE INVESTORS GEESLIN, KRISTIN 504 S MYRTLE A VB WEISS, MARYL TRE 810 PINE ST CLEARWATERFL 33756 - 5614 2040 NE COACHMAN RD CLEARWATER FL 33756 - 5620 CLEARWATERFL 33765 - 2614 HEYE, HANS F 611 DRUID RD E STE 200 CLEARWATER FL 33756 - 3946 KELLEY, PHILLIP M KELLEY, JEANETTE M 811 TURNER ST CLEARW ATER FL 33756 - 5633 SEUFERT, DENISE A BRUNV AND, BJORN E 615 TURNER ST CLEARWATER FL 33756 - 5314 KEDAN, ELLA TRE 2354 HADDON HALL PL CLEARWATERFL 33764 -7510 DRUID ROAD 611 DRUID RD E STE 105 CLEARWATERFL 33756 - 3948 TWEAN SUBSIDIARY 2600 MCCORMlCK DR STE 255 CLEARWATER FL 33759 - 1070 HEYE, HANS F 611 DRUID RD E STE 200 CLEARWATER FL 33756 - 3946 KIRKLAND, NORMAN L JR TRE BEHAN, JOHN W 1335 S MISSOURI AVE CLEARWATERFL 33756- WORK & SON KRAEER HOLDINGS INC 18016 VILLA CREEK DR TAMPA FL 33647 - 2596 ROBINSON, A G ROBINSON, ANN S C/O HANLEY, JOHN P 707 DRUID RD E CLEARWATERFL 33756 - 3951 lUCKER, SHERWOOD S TUCKER, LINDA A 2107 FREDERIC CIR CLEARWATER FL 33763 - 2354 PHILLIPS, J WAYNE PHILLIPS, BRIDGET M 2811 SABER DR CLEARWATER FL 33759 - 1122 DYER, EVERETI C II 812 PINE SI DUNEDIN FL 34698 - SZABO, BRUCE 611 DRUID RD E STE 717 CLEARWATERFL 33756 - 3947 C K S ENTERPRISES 1696 N HERCULES AVE CLEARWATERFL 33765- KEDAN, ELLA IRE 2354 HADDON HALL PL CLEARWATERFL 33764 -7510 PINELLAS COUNTY AITN REALESTATEMGMT 315 COURT ST CLEARWATERFL 33756 - 5165 MAYS, REBECCA J 12813 WILD ACRES RD LARGO FL 33773 - 1517 WALLACE, WILLIAM 0 TRE WALLACE, FRANCES L TRE 606 TURNER ST CLEAR W A IER FL 33756 - 5315 KINDER, ERNESTINE R 704 S PROSPECT AVE CLEARWATER FL 33756 - 5630 v{lN1'ERS, ELISE K 609 TURNER S1 CLEARWATERFL 33756 - 5314 JONES, DAVID L JONES, REBECCA R 702 S PROSPECT A VB CLEARWATER FL 33756 - 5630 CARPENTER, JAY E CARPENTER, JANA Q 612 HARBOR IS CLEARWATERFL 33767 - 1801 FULLER, JOYCE E IRE 639 PONCE DE LEON BLVD CLEARW AIER FL 33756 - 1018 CHRISTOPHER, THOMAS P 1750 BRAXTON BRAGG LN CLEARWATER FL 33765 - 1101 CREDIIIQ INC 611 DRUID RD STE 403 CLEARWATER FL 33756 - 3935 BURGESS, MICHAEL T 602 S PROSPECT AVE CLEARWATER FL 33756 - 5628 WALLACE, WILLIAM D TRE WALLACE, JOHN L TRE 606 TURNER ST CLEARWATERFL 33756 - 5315 C K S ENTERPRISES 1696 N HERCULES AVE CLEARWATERFL 33765- PINELLAS COUNTY ATTN REAL ESTATE MGMT 315 COURT SI CLEARWATERFL 33756 - 5165 PINEDA, PEDRO S MYRTLE CARE DRUID ROAD 811 1/2 TURNER ST 780 OAK RIDGE LN 611 DRUID RD E STE 105 CLEARWATERFL 33756 - 5633 BELLEAlRBLUFFS FL 33770- CLEARW ATER FL 33756 - 3948 1746 CSX TRANSPORT ATIGN INC C K S ENTERPRISES DEXTER PROPERTIES ATTN TAXDEPT 1-910 1696 N HERCULES A VB 612 DRUID RD E 500 WATER ST CLEARWATERFL33765 -1929 CLEARWATER FL 33756 - 3912 JACKSONVILLE FL 32202 - 4445 WALLACE, WILLIAM D TRE LANDA, LUCIA CICERO, STEPHEN WALLACE, JOHN L 811 1/2 TURNER ST 813 TURNER ST 606 TURNER ST CLEAR WATER FL 33756 - 5633 CLEARWATER FL 33756 - 5633 CLEARWATER FL 33756 - 5315 PINELLAS COUNTY FKMS KEDAN, ELLA TRE ATTN REAL ESTATE MGMT 509 HARBOR DR 2354 HADDON HALL PL 315 COURT ST BELLEAIR BEACH FL 33786 - CLEARWATERFL 33764 -7510 CLEARW ATER FL 33756 - 5165 3253 DRUID ROAD FLORIDA PROJECTS SABBIDES, CHARLES D 611 DRUID RD E STE 105 PO BOX 609 SABBIDES, SHIRLEY A CLEARWATERFL 33756 - 3948 LEWISVILLE NC 27023 - 0609 PO BOX 389 CLEARW ATER FL 33757 - 0389 FERRY, LYNN DRUHllL PROFESSIONAL FULLER, JOYCE E IRE 8651 BULL CREEK RD CENTER CONDO ASSN 639 PONCE DE LEON BLVD COULTERVILLE CA 95311 - 9521 DRUID RD CLEARWATERFL 33756 - 1018 CLEARWATER FL 33756 ~ MC CLURE, MICHAEL W KEDAN, ELLA TRE KEDAN, ELLA TRE MC CLURE, SANDRA K 2354 HADDON HALL PL 2354 HADDON HALL PL 2210 DONATO DR CLEARWATERFL 33764 - 7510 CLEARWATERFL 33764 -7510 BELLE AIR BEACH FL 33786- 3433 DIMMITT CAR LEASING INC BELL, HILTON WORK & SON-KRAEER 25191 US HIGHWAY 19N 805 TURNER ST HOLDINGS INC CLEARWATER FL 33763 - 2102 CLEARWATERFL 33756 - 5633 18016 VILLA CREEK DR TAMPA FL 33647 - 2596 DRUID ROAD TULLY, JOE D~TTLARRYCADILLAC 611 DRUID RD E STE 105 TULLY,CYNTIllA INC CLEARWATERFL 33756 - 3948 611 DRUID RD # 407 25191 US HIGHWAY 19 N CLEARWATER FL 33756 - 3935 CLEARWATERFL 33763 - 2102 CHRISTOPHER, THOMAS P BRUYNELL, JOHN E BLEHERT, PAMELA C 1750 BRAXTON BRAGG LN 3251 SAN BERNADINO 5T BLEHERT, DEAN CLEARWATER FL 33765 - ] 101 CLEARWATERFL 33759 - 3515 11919 MOSS POINT LN RESTON V A 20194 - 1728 KEDAN, ELLA TRE 2354 HADDON HALL PL CLEARWATER FL 33764 -7510 RODRIGUEZ, ROSALIA C 418 LEEWARD IS CLEARWATER FL 33767 - 2309 PrNELLAS COUNTY ATTN REALESTATEMGMT 315 COURT ST CLEARWATER FL 33756 - 5165 HEYE, HANS F 611 DRUID RD E STE 200 CLEARWATER FL 33756 - 3946 Prospect Towers Condommmffis DaVId Perkms, PresIdent 801 Chestnut St Clearwater, FL 33755 t'ERFECTL Y BALANCED BOOKS INC 611 DRUID RD E # 401 CLEARWATERFL 33756 - 3920 AUSTIN MEDICAL CTR INe 3389 CLARINE WAY E DUNEDTNFL 34698- HEYE, HANS F 611 DRUID RD E STE 200 CLEARW ATER FL 33756 - 3946 F Blake Longacre c/o Corbett Development 401 Corbett St, SUIte 110 Clearwater, FL 33770 Clearwater Neighborhoods Coalition Doug Williams, PresIdent 2544 Fnsco Dr Clearwater, FL 33761 FLD2004-05039 '-"BRIEN, JAMES M 214 HUDSON ST HOBOKEN NJ 07030 - 5803 DEXTER PROPERTIES 612 DRUID RD E CLEARWATERFL 33756 - 3912 PINELLASCOUNTY ATTN REALESTATEMGMT 315 COURT ST CLEARWATERFL 33756 - 5165 F Blake Longacre & Scott Lmcoln, PE c/o LA CIVIl 1446 Court St Clearwater, FL 33756 , , "'0 ;lJ 1"1 r- ~ Z :> ;lJ -< o z r -< ~ If ~)> 'D ~! '/'- I I D- tl I ~j I L.J ~ ~ o PROJECT FOR F8L DEVELOPMENT, INC WELLS COURT - OLD CLEARWATER CITY FLATS TYPICAL CONDOMINIUM BUILDING 1 00 WEllS COURT, (61 0 MYTRLE A V) CLEARWA 1m, PI N ELlAS COUNTY, F'LORIDA I ) I ) ART DESIGNS UNLIMITED JOHN HAUSE_- ARCHITECT ANniQNY R TATE - DESIGNER 316 SALEM STREET SAFETY HARBOR, FLORIOA TEL '" F A l( (727) 799- 9752 QW ~ III ? ~~~ ~l!! .<>!;/ z- ~@~ ....6 :i!i!'z , "'z - c::'" r Me> ~~~ ~~ ea ~ !ill ... II I ~ n '" 22! z- 06 ;:Jz g'" ",I';: ( z "", E! iI: Z ,. '" -< !i !:( ~""" fBL OEVElOPMENT, INC. WEllS ClJJR1 - ow QLN<lW,ltR 01'1 flA lS T'IPlCA1- ClJNIl(lIlINl\I 8IJIlJlING _ 1ll-Lll1;ll.lllT.(81IIIofI'lIlILA\IJ~1EIl, PINIU..IS 0XIlIlf1T fUIIlIDA t~~~~-:~-~;;:;;~~~~~ __~:~~=-: .. ;I", c: si !ilC> ...~ ~o ...... o ART DESIGNS UNUMITED .alM1t.W$E-- _ "- TAU - llao<Dl 31'. 'S""'III stREEt :5iAlf'iET'" IHAlllIiSlDIIiI rl.ORtDl 1B..~A.(l'Z1l---1l7I>I rnm FROM WALL I NG -. -- --=-- ~F' I'" - - : ,t-=:-' - -::. I~ II r 1- ::: II I r,r" 1"1' ~ - r 1 , ill - I II - T - ~Fr i It!~ !!II , id ~ 1 "'" -.;:v FAX NO. :727 581 9533 .... "'.r Nov 09 2005 02:24PM P2/3 n _ o n, ~~ \ I I I { )1 I I II I I I jl I _.-L I __-lll I I I II I ,! II I I I ----Il---.I-.-- I I - I' I I 1 II I I I II I I I Ii I I I II I I I --1~ I ,--1--- II I I I -lll I I I II I I I II I I I __ J~_ _~ _--L_~ II I I I -It ,I I I II I I I II I I I II I I I ,I I I I II I I I II I I I II I I I I ~ 1 I I II I I I lr - r--- -,- -1-- II I I I II I I I 'lll I I I II I I I ~J'_ I I I "11 I I 1 I I I 'I: I I I Iml Iml W (t)ii U~:: : :: - ~d s ~n- . lqb:: : :: - 11 C ',/ UI' I I I Ii. II ~~ I I I , " I I I (;[]J1LIJ&r ~~: : ~-'-_.. -lr.7~1 ~--- il --- -. -~ __. __ I I) m m m [lJ :' ~ q ~ I ~~~ _ l~' --k -- 2;; .... ~._ _ ~... ~ _ ~ . ::. - - -- J. ;In. J' [JJ[1] [JJ OJl I I r~ f - ,-- ~ h Ii ;.~. ~ if if I I II!~' II ~_~~. .ts , I ,,,,c,,,_ I "d I , ~---'':=i-~-l I I'~ I 1: t.. I I I LS rJl.ft; II ~ ...., ,. I I ~'-::N ~::. ---:--,.:..:, - ,~.= -- -- ~ - '::~ '" - - ltJ:j [OJ m ~ - - ---- {; -- - - -- ~-- - - - ~~. ~ '5 ;. ....~) ='~_ __c;;;;;;;=~ l!iiIU 'in mmm ~m-- -rr:Dt toT r .jIll' . ..-:~ ~ ~ ~:-- f'- - - - -...:::::; --= !'- I ~ r?-=- J: I r J -+- I .!.- T- 1 I -TJ - r ~ IIII -, IJ~~ --~~ mm ---- .....-_. Iml [OJ I 1 --0 --~ --~ - - ---(f) Gl ----ill - --<<l - --<il .. ...'" ~ " ~ \ C5)j{;i S@ou#t ,~ OLO ' CLEARWATER, ClT"{ " N?vemb~r 11, 2005 Michael Delk Director of Planrung City of Clearwater' 100 S Myrtle Ave. Clearwater, Fl33756 , , , . , Re. Old Clearwater City Flats at Wells Court Dear Mr. Delk, . ' \ , ' r i D)~~~~W~,~I rj~' nil NQV I 4 200i ': 'l ' ~ Ul, --.-J , PLANNING 8. Of;VElOPMENT SERVICES ' ~ L CI~J OF ('I EARWATER : Thts letter IS to request approval of the minor design change to the rooflme of our bUildings at the Wells Court project. The issue raised by zoning in tile plan review process for our building permit was that the building height does not conform to the development order issued by the Copunuruty - , Development Board Specifically, that the stair towers were too high in relation to the -' roofline_ The confusion about the height of the towers IS due_ to the fact that'the towers were not drawn correctly on the submItted drawings and the design change to the rooflme ~ gives the Illusion that the towers are taller Attached is a drawmg that shows'the towers at the correct height and in pt;Oper relation to the roofline. The d.rawing~ that were submitted and ap,proved by the CDB showed the rmd point ofttJ.e roof to be 58' 2" above FFE The development ordef associated with t~e CDB apprQval stated that the mIdpomt of the roof be no more than 59' 2" above FFE. The exact hf?ight oftlle stair tow.ers was never specified however, the conceptual drawings showed the peak of the cupolas to be shghtly (approxunately I') above the peak of the roof. As you can see from the attached drawmg the midpoint of our roof is at 57' 9" above FFE, which is below the maximum height allowed The ~aks of the cupolas on the stair towers are , "shghtly (less than 1 ') above the peak of the roof, which matches the conceptual draWIngs approved by the CDB. The buildmg height conforms to,the development order and we are not requestIng any additional height., , ' . r 1- \ - 401 Corbett Street, Su'zte 470, Clearwater, FL 33756 , 727-'446-1296 www wellscourt com , ~ -" .. - , We are requesting approval of the minor design change we m~e to the roofline TIle change in design was made III order to prevent water pondmg on the roof and the 'potenttal water intrusion problems' that w~uld result from thiS pondmg. / ' Thank you for y~ur cooperation III this matter. If you have any questions or need furt.her mformatlOn, pleas contact me 'at 776- 4214. ' " ' ^ .. ~];Y:.~,M ~~:J Project Construction MijIlilger Wells Court Developm,ent, L[C , , I ... , -' , , ~ , , " , , ! (:( (" I .. t:.~;! ~ ~~" - ,0 ,;:, I (;)tI:I I I I ;tJC ----~----- gE; OJ z- ...,s; CZ c;) ;tJo ;!l(l) 09 E9l E9J 8 zz 0.... --1(;) iS8 ,..,Ul Eal Eal E3l Of\) -elll> ""0 ~i!; ~o 0 gill> I I I ----------...----..-- z"'" 0 0 &~-..............~--- II ~ ~ ~