Loading...
FLD2004-09072 ...,__t " ~" -~------C.-__~~~4 ~-_-'__ ~__~ CASE # DATE RECEIVED RECEIVED BY (staff Initials) ATLAS PAGE # ZONING DISTRICT LAND USE CLASSIFICATION SURROUNDING USES OF ADJACENT PROPERTIES NORTH SOUTH WEST EAST ~ ---- - --- -'" ~ -~ -~-- ---- - -- ( \. ; Clearwater -~ o~ Planning Department 100 South Myrtle Avenue Clearwater, Flonda 33756 Telephone 727-562-4567 Fax 727-562-4865 o SUBMIT ORIGINAL SIGNED AND NOTAR1ZED APPliCATION o SUBMIT 14 COPIES OF THE ORIGINAL APPLICATION mcludmg 1) Collated, 2) stapled and 3) folded sets of SIte plans SUBMIT APPLICATION FEE S I..z<< I o * NOTE 15 TOTAL SETS OF INFORMATION REQUIRED (APPLlCAT10NS PLUS SITE PLANS SETS) ORIGINAL FLEXIBLE DEVELOPMENT APPLICATION Comprehensive Infill Redevelopment Project (RevISed 10-10-2003) ~PLEASE TYPE OR PRINT~ use additIOnal sheets as necessary A APPLICANT, PROPERTY OWNER AND AGENT INFORMATION (Section 4~202 A) APPliCANT NAME BJE, INC MAILING ADDRESS 630 S GULFVIEW BLVD, CLEARWATER, Fl33767 E-MAIL ADDRESS PHONE NUMBER 727-504-2404 CELL NUMBER FAX NUMBER 727-461-9300 PROPERTY OWNER (S) BJE, INC RECEIVED AGENT NAME (5) KEITH ZAYAC & ASSOC MAIliNG ADDRESS 701 ENTERPRISE ROAD EAST, SAFETY HARBOR, 34695 JAN 1 2 2005 E-MA1LADDRESS KEITH@KEITHZAYACCOM PHONE NUMBER 727-793-9888 PlANNING DEPARTMENT CI1V OF CLEARWATER CELL NUMBER FAX NUMBER 727-793-9855 - --B PROPOSED DEVElOP.~ENT INFORMATION (Code Section 4-202_A) STREET ADDRESS of suoJecl site 483 MANDALAY AVENUE LEGAL DESCRIPTION SEE ATTACHED LEGAL DESCRIPTION _ J?8.8.CE UJ UMBER _ -_~_OUl9-'-15L16!t3A-'-00_1_'-0020_ PARCEL SIZE 1 685 ACRES -73,379 SF (Acres SQuare feet) PROPOSED USE AND SIZE PARKlNG GARAGE & 28 CONDOMINIUMS ON-TOP EXISTING RETAIL (Number of dwelling units, hotel rooms or square footage of nonreslden\laI use) parking spaces specific use, etc.) DESCRIPTION OF REQUEST (S) SeE ATTACHMENT "A" AttaCh sheets and be specific when Identifying the request ([nclude all requested code deViations e 9 reduction In required number of '- 1'" ---~---------l"" '. -- ~---c "~---------- --- \ - , DOES THIS APPLICATION INVOLVE THE TRANSFER OF DEVELOPMENT RIGHTS (TOR) > A PREVIOUSLY APPROVED PLANNED UNIT ~ DEVELOPMENT, OR A PREVIOUSLY APPROVED (CERTIFIED) SITE PLAN? YES NO X (If yes, attach a copy of the applicable documents) C PROOF OF OWNERSHIP_ (SectIOn 4~202 A) A SUBMIT A COPY OF THE TITLE INSURANCE POLICY, DEED TO THE PROPERTY OR SIGN AFFIDAVIT ATTESTING OWNERSHIP (see page 6) o WRITTEN SUBMITTAL REQUIREMENTS- (Section 3.913 A) r Provide complete responses 10 the SIX (6) GENERAL APPLICABILITY CRITERIA - Explain how each crlterra 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 Ills localed SEE ATTACHMENT "B" 2 The proposed development Will nol hinder or dIscourage the appropnate development and use of adJacent land and bUildings or SIgnificantly Impair the value thereof SEE ATTACHMENT "8" 3 The proposed development WI)) nol adversely affect the health or safety or persons reSiding or working In the neighborhood of lhe proposed use SEe ATTACHMENT "8" 4 The proposed development IS deSigned to mlmmlze traffic congestion SEe ATTACHMENT "8" 5 The proposed developmenllS consistent With the community character of the immediate VICinity of the parcel proposed for development SEe ATTACHMENT "8" 6 The cfes)gn of the proposed development minimizeS adverse effects, mcludmg Visual, acoustiC and olfactory and hours of operation Impacts, of} a9Ia~~nt propertl~s S~~~IT~~HJ~~gN:r "8" 06 PrOVide complete responses to the ten (10) COMPREHENSIVE INFILL REDEVELOPMENT PROJECT CRITERIA (as applicable) - explain how each cnlena IS achieved In detail -- -~1--Tb.e'.deYeJopment-pr-Ledevejopment-oHhe parcel pmp.osed-for-deYj;lloRment-ls-olherwlse-lmpraC!lcal Without deYJa!loJls'from-the'use;-lnt~nslty-- --- and developme-nt sta-ndards SEE AfT ACHMENT "C" RECENErL JAN 1 2 2005 PLANNING DEPARTMENT cnv OF CLEARWATER Page 2 of 7 - FleXible Development Application - ComprehenSive Inftll Redevelopment PrOJect- City of Clearwater , -.. (~- --------r- I -" --- ,~, 2 The development of the parcel proposed for development as a comprehensive Infill redevelopment project or residential rnfill project will not reduce the fair market value of abutting properties (Include the eXisting value of the site and the proposed value of the site with the Improvements) SEE ATTACHMENT "C" 0RffilN A L 3 The uses within the comprehenSive Infill redevelopment project are otherwise perrrlltted In the CitY. of Clearwater SEE ATTACHMENT "c" 4 The uses or mix of use wlthm the comprehensive mfill redevelopment project are compatible with adjacent land uses SEE ATTACHMENT "C" 5 SUitable Sites for development or redevelopment of Ihe uses or mix of uses wlthm the comprehenSive mfl1l redevelopment project are not otherwise available m the City of Clearwater SEE ATTACHMENT "C" 6 The development of the parcel proposed for development, as a comprehenSive mflll redevelopment project will upgrade the Immediate Vlclfllty of the parcel proposed for development SEE ATTACHMENT ~C" 7 The design of the proposed comprehensive Infill redevelopment project creates a form and function that enhances the community character of the Immediate VICinity of the parcel proposed for development and the City of Clearwater as a whole SEE ATTACHMENT ~C" 8 FleXibility In regard to lot width, reqUired setbacks, height and off-street parking are Justified by the benefits to community character and the Immediate VICinity of the parcel proposed for development and the City of Clearwater as a whole SEE ATTACHMENT "C" 9 Adequate off-street parKing In the Immediate vlclnlty,accordlng 10 the shared parl<,lng formula In DIVISion 14 of Article 3 Will be available to aVOid on-street pa~klnQ. In the Immedl~~e VIClf1lty of p~Ice!pr~o~e9 _for:~ev,eJo!?n:!.ent SEE ATTACHMENT"C" 1 0 The deSign of -all bUildings compiles With 1he TOUrist Dlstnct or Downtown DIstrict deSIgn gUidelines In DIVISIOn 5 of Article 3 (as applicable) Use separate sheets as necessary _S_EE.';Uf.l.CHMENr~.c~ __ EIVEO JAM 1 2 2805 PLANNING DEPARTMENT cnv OF CLEARWAlER Page 3 of 7 - FleXible Development ApplIcation - ComprehenSIve Infill Redevelopment Project- CIty of Clearwater ...., E ~- -------~ t-.: (~ SUPPLEMENTAL SUBMITTAL KEQUIREMENTS (Code Sect!on 4~202 A)'--- ORiGINAL .p ~ p SIGNED AND SEALED SU RVEY (Indudl ng legal descrlpllon of property) - One ongl nal and 14 copies, TREE SURVEY (Iflcludlng eXisting trees on site and Wllhln 25' of the adjacent site, by species, Size (DBH 4" or greater), arld locatlorl, Including drip Imes and mdlcatlng trees to be removed) - please design around the eXistmg trees, LOCATION MAP OF THE PROPERTY, o PARKING DEMAND STUDY In conjunction with a request to make devlatlons1o the parking standards (I e Reduce number of spaces) Prior to the submittal of this application, the methodology of such study shall be approved by the Comm umty Development Coordmator a nd shall be In accordance with accepted traffic engineering principles The findmgs of the study will be used m determining whether or not deviations to the parking standards are approved, i:J. GRADING PLAN, as applicable o PREliMINARY PLAT, as reqUired (Nole BUlldmg permits will not be Issued until eVidence of recordmg a final plat IS prOVided), o COPY OF RECORDED PLAT, as applicable, F SITE PLAN SUBMITTAL REQUIREMENTS (Section 4~202.A) ?:D SITE PLAN with the following Informa!lon (not to exceed 24" x 36") All dimensions, North arrow, Englneenng bar scale (minimum scale one mch equals 50 feet) and date prepared, Location map, Index sheet referencing indiVidual sheets Included m package, Footprint and size of all EXISTING bUildings and structures, Footprint and Size of all PROPOSED bUildings and structures, Include floor plates on multi-story bUlldmgs, All required setbacks, All eXisting and proposed pOints of access, All required sight tnangles, Identification of environmentally unique areas, such as watercourses, wetlands, tree masses, and specimen trees, Including descnptlOn and location of understory, ground cover vegetation and Wildlife habitats, etc, Location of all public and pnvate easements, LocatIon of all street nghts-of-way wlthm and adjacent to the site, Location of eXlstmg public and private utlll\les, including fire hydrants, stonn and sanitary sewer Imes, manholes and 11ft stations, gas and water lines, (* Note Per Section 3-911, all utilities shall be located/relocated underg round) All parKing spaces, driveways, loading areas and vehicular use areas, including handicapped spaces, Depiction by shading or crosshatching of all required parking lot interior landscaped areas, Location of all solid waste containers, recycling or trash handlmg areas and outSide mechanical equipment and all required screening {per SeCtJon 3-201 (D)(I) and Index #701}, LocatIOn of all landscape matenal, Location of all JUrlsd IctlOnalllnes adjacent to wetlands, Locahon of all onslte and off site storm-water management facilities, Location of all ouldoor Ilghtmg fixtures, and Location of all eXlstlOg ann propo~ed si.dew::llk!'i - ~ - -- - d SITE DATA TABLE for eXisting, required, and proposed development In wntten/taj;lylar form ,. Land area m square feet and acres, Number, of EXISTING dwellmfl Units, Number of PROPOSED dwellmg Units, Gp~ss floor area devoted to e.ach u:;;e, Parkmg spaces tolal number, presented In tabular fonn With the number of reqUired spaces, Tgtatpaved area, including aILR.av~d park[1g spaces and dnveways, expressed In square feet and percentage of the_paved vehicular area, Size and species of all landscape matenal, OffiCial ~SJ;tsj)i!P..k al}d_p<!g~ oumb__eJ.5.otall e1'(.lstLng utlllty_easem_ent, - BUilding and structure heights, Impermeable surface ratio (I S R ), and Eloor area ratio (F A R ) for all nonresidential uses RECEIVED JAN 1 2 2005 PlANNING DEPARTMENT CITY OF ClEARWATER ~ FOR DEVELOPMENTS OVER ONE ACRE, prOVide the follOWing additional information on Site plan /-- One-foot contours or spot elevations on Site, _ Off SIte elevations If reqUlred to evaluate the proposed stormwater management for the parcel, All open space areas, Location of all earth or water retaining walls and earth benns Lot lines and bUilding lines (dimensioned), Streets and dnves (dimensIOned), BUlldmg and structural setbacks (dimensioned), Structural overhangs Tree Inventory, prepared by a certified arbonst", of all trees 8" DSH or greater, reflectmg Size, canopy (dnp Imes) and condition of such trees Page 4 of 7 - FleXible Development Application - Comprehensive InftH Redevelopment ProJect- City of Clearwater - --~--( (-> .~ H CJ il (J ORIGINAL G LANDSCAPING PLAN SUBMITTAL REQUIREMENTS- (Section 4-1102 A) 'jf LANDSCAPE PLAN All eXisting and proposed structures, Names of abutting streets, Drainage and retenlloll areas including swales Side slopes and bottom elevations Delineation and dimenSions of all reqUired penmeter landscape buffers, Sight VISibility tnangles, DelrneatJOn and dlmellslons of all palklllg areas Includlllg landscaping Islands and curbing Proposed and reqUired parking spaces, EXisting trees on-site and Immediately adjacent to the site, by species size and locations, including dnpllne (as indicated on reqUired tree survey), Plant SChedule With a key (symbol or label) Indlcatlllg the Size, deSCription, speCificationS and quantities of all eXisting and proposed landscape matenals, including botalllcal and common names Location, Size, and quantities of all eXisting and proposed landscape materials, mdlcated by a key relating to the plant schedule, TYPical planting details for trees, palms, shrubs and ground cover plants Including Instructions, 5011 mixes, backfilling, mulchlllg and protective measures Interror landscaping areas hatched and/or Shaded and labeled and mtenor landscape coverage expresslllg III both square feet and percentage covered, Conditions of a prevIous development approval (e 9 conditions Imposed by the Community Development Board), IrogatlOn notes REDUCED LANDSCAPE PLAN to scale (8 Y, X 11), III color RECEIVED CJ IRRIGATION PLAN (reqUired for Level Two and Three applications) o JAN 1 2 2005 DEPARTMENT cItY OF CLEARWATER STORMWATER PLAN SUBMITTAL REQUIREMENTS- (City of Clearwater DeSign CrlTena Manual and 4-202 A 21) STORMWA TER PLAN Includlllg the follOWing reqUirements (~\ 7n~ ""- Existing topography extendlllg 50 feet beyond all property lines, . ) Proposed gradlllg including finished floor elevations of all structures, All adjacent streets and mUnJcJpal storm systems, Proposed stormwater detention/retention area Includmg top of bank, toe of slope and outlet control structure Stormwater calculatJOIlS for atlenuatJOn and water quality, Signature of FlOrida registered "ProfeSSional Engineer on all pia ns and calculalions COMPREHENSIVE LANDSCAPE PROGRAM application, as applicable COPY OF PERMIT INQUtRY LETTER DR SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT (SWFWMD) PERMIT SUBMITTAL (SWFWMD approval IS required pnor to Issuance of City BUilding Permit), If applrcable COpy OF STATE AND COUNTY STORMWATER SYSTEM TIE-IN PERMIT'APPUCATIONS, If applicable I. ~ ~ BUfLDiNG,ElEVAT10NPLAN SUBMITTAL REQtlfRE~ENIS_ (Section 4-202.A.23) ReqUired In the event the application IIlcludes a development where deSign standards are In Issue (e 9 TOUrist and Downtown DlStrrcts) or as part of a ComprehenSive Infill Redevelopment Project or a Resld.entlallnfill PrOject BUILDING ELEVATION DRAWINGS - all Sides of all bUildings Including height dimenSions, colors and matenals RED\JCED BUILDING ELEVATIONS - four Sides of bUilding With colors and matenals to sca Ie (8 Y, X 11) (black and white and color rendenng, If pOSSible) as reqUired J SIGNAGE. (Division 19. SIGN~ I Section 3~ 18Q~) ( '76ftiY.PrrE- '7 ~ 1"f11'?- ) o All EXISTING freestandmg and attached signs, PrOVide photographs and dimenSions (area, height, etc ), IIldlcale whether they Will be removed or to remain o AI! PROPOSED freestandmg and attached signs, ProVide details Includmg location, Size, height, colors, matenals and draWing, freestandlllg signs shalllllclude the street address (numerals) o ComprehenSive Sign Program application, as applicable (separate application and fee reqUired) o Reduced slgnage proposal (8 Y, X 11) (color), If submlttlllg Comprehensive Sign Program application Page 5 of 7 - FleXible Development Application - Comprehensive Infill Redevelopment ProJect- City of Clearwater 1 - 2- r ~p ; ~~75~2~""'-:'!;i r:: 3 3 It TRAFAC: 6MP'ACT STUO'\": ~~ 4402.A 13 and 0$.8()1 C) Q 'rdoo<ll &II m<J..Jwad I' IX opcllWi<! 400 w~TI vri~ \1406""'" "d>s IK:CI~ _~! Ilf JII""'-' b Il/'l} ,Il:&dw<s) ~. ..00 ["..old In tI'>lJ C g rr~""ulfulvv. I>'<"fl T1~ ~ U)Io!j l\o$ ~ ':II! ~ -.t /lKIOfII ~ d ltoo .....l!1I.$I ;;i Tf\Im~ ~rM<<" 1111 ~I\oi$f'" "'........1 F"" fQ ~ ....1KI1 C Q(\hiC<<~o.~J.".,,-<< ~'Ioo' ~tg"~ L 8 liGNATU R:!2! , ~ t>q: ~ ~ It<< /ill! ~ Il\ldrIltJ rw ~ n!tUe4l1Cl~ IllllhclbMtottf!l(~ AI'II:l dlOl'lh Clly ~ 10 ~ ~ ~.., lhI1 ~ ~lrIM~ I i ! I I f i ~/- I ~~';;~_A_~ mr...n OF i't.OoIUl>>.. 00I.Jtm' Of P'lNiL.Ul:l ~ -r~ ~ 10 !fI(! ~ ~/O.,... tU lMl .LL...... <lit\' ~, ~L?~e-, .. 0 2C,.c4 ~-~~ Ifr/lO <ll raQf\lIliy ~'"""""" _,Jal ~ . 10\. ChrfItt 8uIet \~Y.j Mv~DOt14M ....., Exp/ras ~ 2G 2Ol18 ORIGINAL it r"- /R,ECEIVED 1- ... ~""'~\ ":!. \'" '\ \ ' - , '- JAN 1 2 2005 PlANNING DEPARTMENT cnv OF CLEARWATER Page fi 0(1- r~ ~~...,.. Cr.;oo~~iIlU RoIll6~ ProJIld- CIt)I of~ ~i/lL/~~~~ lj:~j t'J.112~9277 ZAYAC PAGe: 01 M. AFFIDAVIT TO ~I1fHORIIE AGENT: (rumu ~;;.;. on dMd -.... PRINT NIl ~ Th.llt (I anv- are) IN owner(s) Md recon:I t!tlt ltQlder(e) of h folIowlnq ~ property (U:inrA or gel"IeI1Il Jccallon) 6 ~ 47. 4l.U..fY\ew ~ . C~l ~ ~ . :iI That ttMe ~ 00IlItII&IaI1ilII r:nperty fof MUdl . /'eqUIII fer a' (dQaibe IIeQUett) "5t:~ ~ A- 3. 11IlIt In. ~ (~) appomc.d and (doeIIdo) 'Il9Olr,t ~ln.-l ~"'(~ IS (~~.) 10"" ~ petIIJons or mr.r d.fteu1Nllil n&ceuary 10 dBd luch pBItion; 3 That tIllIs afftd8vIf has Ileeft &e:I.lIBd Itllndualltla CIty of Cle8r.-er, f1otId8 to co I\$lder . ncI aet on tM aboV4o ClUcrblct property, " Th8I thrI ~nt E1u1O'Mldgel that .ilK hlp8CIf8eI (p.Im and 1'8CI'Ht\OIl, fl'afllc, etC ) WIIIIle pllld PAIOR to tII8 ISlllallal of II bulldJ"9 PMl'l1l. ~ r:A~, Dr"" rrcfIanIun, wNcI\eltor OOCiIltl hI:. !j TlIat "'11II" to the ~ 1ft' MIX III " boJ City "'PlU8ftIallYu In order 10 PfOCleU !his ~ 8I'Id tho owner authori:r:.. City ra~ to visIt.nd ~ '- propert)I ~ In IhiI ~. e That (1Iws), '" L1...llglltd 1UlholiJ, hIIfWJ c:.1Ify thatlhe fon9:IIn; Is true and c:orrea. ~tC,.0~A~ Propl!JIny o..ner . RECEIVED ~ OWner JAN 1 2 2005 PLANNING DEPARTMENT cnv OF CLEARWATER Propelty Ownaf fImpefty Owner Mol ComtnMlon ~ STATE OF FLORIDA, COUNTY OP PlN~L.1.AS t:/1 .....~~-....~,..-lJ.................. -- cd ..... , ~II'J appIIMcI l Cl ") nc5+~:S6.e;::1c:::J 'S \JI4lo haWlg beon 111'1' duly_n and lIys ~ "'...... U. GOntertte of the: dlctaYl that ~ r10d 0~ ./<1'-'"1\ Killhennl'! Jo lellbelll!r ;. ~ .; My CemmlSSl<lO 00057122 ~..,~.,.." Ex~'res Se,temlMlr 16 2105 Pa;e '1 or 7 - Au!bIIl 0IIl .1~pn.ll ~ - CompreileMlWllnflll Rod&~,l&Ilt Project- CIty of Cleerwater ORIGINAL ATTACHMENT A DESCRIPTION OF REQUESTS · Increase ill heIght from 50 feet to 84' -9" above FEMA · Encroachment Wlthm sHe vISIbilrty mangles by parkmg garage access · ReductIOn In bUIldmg setback along local roads from 12 feet to 4 77 feet · FlexIble Development approval to permlt a mixed use (parkmg garage and attached dwellmgs m conjUnctIOn WIth eXlstmg retail sales) wIth a reductIOn to the front (east) setback from 25 feet to 4 77 feet (to bUIldmg), a reductlOn to the sIde (north) setback from 10 feetto 291 feet (to bUlldmg), reductIOns to the side (south) setback from 10 feet to zero feet (to dumpster enclosure), from 10 feet to 1 74 feet (to pavement) and from 10 feet to 2 feet (to bUlldmg), a reductIOn to the rear (west) setback from 20 feet to 2 89 feet (to bUIldmg) and to Increase the bUlldmg height from 35 feet to 70 feet (to roof deck) WIth an addItIonal 4 feet for pcruneter parapets (from roof deck) and an ad dluonal16 feet for rooftop pavIlion (from roof deck), as a Comprehensive Infill Redevelopment Project, under the provISIOns of SectIon 2-803 C , and to reduce the foundatlOll landscapillg along PomsettIa Avenue from 5 feet to 4 77 feet, as a ComprehenSIve Landscape Program under the provIsIons of SectlOn 3-1202 G · Transfer of 4 UIllts by TDR applIcatIOn RECEIVED JAN 1 2 2005 PLANNlNG DEPARTMENT erN OF CLEARWAlER - - --- ------ ---(, '~- -( '-~ ATTACHMENT B WRITTEN SUBMITTAL REQUIREMENTS ORlG1NAL 1 Beach By Design specifically references this proposed parking garage as a much-needed component of the surrounding north beach area. The eXisting parking lot on this sIte contains a minimal amount of parking spaces and does not adequately serve the Pelican Walk Shopping Center let alone the surrounding area The proposed garage will proVide more than enough parkIng for the shopping center and condominiums as well as proViding parkIng for the surrounding community The design of the structure will be In harmony with the eXisting shopping center and landscaping will be proVided where little to none exists at thiS time Proposed setback of the garage are consistent with the surrounding development 2 The proposed development will not hinder or discourage development and use of adjacent properties The proposed garage WIll proVide additional public parking to faCIlitate the redevelopment of the surrounding properties 3 The proposed development will not adversely affect the health or safety of person In the neighborhood The garage Will decrease traffic congestion of reSidents and tounsts looking for parking In the north beach area 4 The proposed deSign Will help to minimiZe traffic congestion by proViding off-street parking In an area where little available parking eXists 5 The proposed development IS consistent With the community character of the Immediate VICInity and IS speCIfically called out as needed In Beach By DeSign 6 The proposed condomInium and garage project WIll proVide an Intenor parking option that Will decrease the Visual and acoustic Impact of vehicles to the surrounding area The hours of operation of the eXisting retail are consistent With the surrounding tounst dlstnct RECEIVED JAN 1 2 2DD5 PlANNING DEPARTMENT cnv OF CLEARWATER -- -.- -----------7~ ----~-------------L ---o.RTGTN-AI-.------ ATTACHMENT C COMPREHENSIVE INFILL REDEVELOPMENT PROJECT CRITERIA 1 The Proposed development IS otherwise Impractical without the requested deviatIons to required setbacks and height In order to provide adequate parking for the shopping center, condominiums and public parking for the surrounding commumty The reduction In setback allows the project to maXimIze the garage area providing additional public parking 2 The proposed parking garage Will not reduce the fair market value of abutting properties According to the Pinel/as County Property Appraisers office, the eXisting market value of the site IS well over $3,000,00000 With the proposed improvements to the Site, the property IS estimated to be worth over $20,000,00000 In addItIon, the public parkIng Will Increase the value of the adjacent properties 3 Attached dwellings, parking garages and retail centers are permItted uses With the Tourist zoning dlstnct as well as the CIty Of Clearwater 4 The proposed condominium and parking garage addition are compatible WIth the surrounding development, as well as eXisting land uses Including attached dwellings, restaurants and retail sales 5 Other SUitable sites for the proposed garage are not readily avaIlable Within the City Of Clearwater and espeCially Within the Immediate area Additionally, Beach by Design speCifically calls out for thIS site to be utilIzed as a parking garage 6 The proposed development will be a Significant factor in upgrading the surroundIng community, as very little off-street parking eXists Within the Immediate VICInity 7 The design of the proposed structure proVides a functIonal parking -garage -and resldentlal- dwellings The surrounding community Will be enhanced by the addition of the covered off- site parking for use by reSidents and tounsts Within the tounst dlstnct 8 FleXibility In regards to the proposed height and setback are Justified by the amount of parking bylng proVided for an area that suffers from lack of available parking 9 The project exceeds the reqUired parkIng spaces reqUired for the shopping center and condominium project RECEIVED JAN 1 2 2005 PLANNING DEPARTMENT cnv OF CLEARWATER ". , 1 --- -~,--~---~ - t- .---- ----~--~--~-- ----- (- "- OR\G\NAL LEGAL DESCRIPTION Lota 21 3 and 4, and 1/2 Of vacated alley way abutting said lots to tile Wesl:, in Block "A" per the RE-PI..A'r OF BLOCK "A" AND LOTS l TO 15 INCL. BLOCK "B" OF CLEARWATER BEACH PARK FIRST ADDITION, recorded ~ plat Book 21 at Page 21, of the Public Records Pinellaa County, :E'lor~da. (Note: said property formerly being described &,6 Lots 2, 3 and ... and 1/2 of vacated alley i~ay abutt.lng said lots to the WSElt, Block lOB" of the FIRST ADDITION TO CLEARWATER BEACH PARK, recorded in Plat Book 15 at Page eo.) tots 34 through 43 LESS the Sou'therl,y 10 feet oJ.: Lot 34, together with 3./2 of vacated e.lley way abu.tting said lots to the East, Block B r FIRST ADDITION 'I'D CLEARWATER BEACH" P JtRK, as re cords d in PIa t Book J 5 at Page 80 r ~ubl~c Records ~n and for Pinellas County, Florida; 'i'OGE';['RER WITH Lot 5, and, J./2 of vacated alley way ahutting e.aid lot to the West, in Block "A" per the RE-PIIA'l' OF BLOCK "A" ~D LOTS 1 TO 15 INCL. J?,LOCK "B" 'OF CLEARWATER BEACH PARR; FlrlST J'..!>P.ITION, as recorded in Plat Book 21 Ai.. :;::a.qEl ?1. Publ i::: Records, Pinelle$ County, Florida. (Note: said p:rooerty formerly be~ng described as Lot 5 and 1/2 of vacated alley way abutting eaid lot to the West, Block "13'1 of the FIRST ADDITION TO CLEARWATER BEACH PARK, recoroeo in Plat Book lS at Page 80.) Lots 5, 7 I e and -1/2 o;f -vl'l.cated alley _wa.y - abutting_ stud lotI) to 'the Wee t r in BIo ck "A" per the RE -P1.AT OF BLOCK ~ A" rom LOTS 1 TO 15 INCL. BLOCK "B II OF CLEARWATER BEACH PARK FIRST ADDITION, as recorded in Plat Book_.21 at J:I&ge 21, pu.bl.l.c Records, P lnell as County, .F lor.l.da . (Note; sald prope~ty formerlv be~ng desc-;:ibed as Lata 6 r 7 and 8 and 1/2 of vacat.ed alley way abuttlng said lots to the West, Block "B'. of the E';tRST ADDITION TO CLEARWA'J'~R E~ACH PARK/ r6curQ~a iil ~~at Book 15 at page 80.) RECEIVED JAN 1 2 2005 PlANNiNG DEPARTMENT emf OF CLEARWATER sPencer and Associatl .rchitecture,. fue. Ardutecture 1215 South Myrtle Avenue Clearwater, FL 33756 727 / 449-ARCH FAX 727/442-7192 Plannmg sJs@spcnccrarchcom www spencemrch com December 7. 2004 OR\G\NAL Mike Reynolds City of Oemwater 100 South Myrtle Avenue Clearwater, Florida 33756 Phone 727-562- 4836 Fax- 727-562-4576 Re: Pelican Walk Parkmg Garage Dear Mike, Thank you for taking the tune to reVlew tlus narrative of the Beach By Design critena used m the above referenced project The East elevation Incorporates many design elements outlined In the Beach by DesIgn, mcludmg undulation in the front facade, architectural banding, stepping of balconies, arches and tower elements The use of distincave aluminum grillwork features and arches aclueve the design goal of havrng the building not look like a parkmg garage. Sabel palms and other lush landscapmg matenal, further achieve tIns. Cantilevered balconies on the North and South elevahons add significant interest to the building and breakup the overall mass The West elevation IS set approXlffiateIy one hundred ten feet back from Mandalay Avenue The eXistIng Pelican WaIk Shopping Center has eXIstIng pedestnan areas at street level. Many successful design elements on the existmg buildIng are beIng mcorporated mto the new bUlldmg such as decorative medallion elements, barrel ale roofmg, bandmg details, arches, etc The roof top pavilion adds slgruficant mterest for the project and IS also functIonal, as It will be used In cOnjunctIOn With the rooftop pool and sundeck Another unique feature to thiS burldmg IS the mtroductlOn of both front and rear balconies, wInch open up all facades of the bmldmg The color palette wIll be conSistent With the existing buildmg, wInch follows the recommended Beach by DeSign palette This unique project is a direct result of following Beach by Design Gwdelines and months of pOSItIve meetings' e City of Clearwater Plamring staff Thank you agam for your review of thIS narratIve RECEIVED s American Institute of Architects Member AMIlIB291 JAN 1 2 2005 PlANNING DEPARTMENT CI1Y OF CLEARWATER - , AL EXHIBIT C COMPREHENSIVE INFILL PROJECT CRITERIA 0 R \ G \ N 10 The desIgn of all bUlldmgs complIes wlfh the desIgn gUldelmes m DIVIsion 5 of ArtIcle 3 The desIgn of the proposed Hotel Resort complies with the followmg design gUldelmes outlmed m Beach by design A HeIght portIOns of any structure whIch exceeds one hundred feet (100) are spaced at least one hundred feet apart N/A B Between 42 feet and 100 feet the floor plate wIll be no greater than 25,000 square feet N/A c ~~ween 100 feet and 150 feet the floor plate will be no greater thanRECEivED DesIgn, Scale and Mass of BUlldmgs JAN 1 2 2005 1 BUlldmgs with a footpnnt of greater than 5,000 square feet or a smgle dl~,t}I~~.QR' one hundred (100) square feet wIll be constructed so that no more than1;Jlf'f~FcftfNb-.r?AN~) bUlldmg dimensIOns m the vertIcal or honzontal planes are equal m length For thIs purpose equal m length means that the two lengths vary by less than forty-percent (40%) of the shorter of the two (2) lengths The honzontal plane measurements relate to the footpnnt of the bUlldmg N/A 2 No plane of a bUlldmg may contmued unmterrupted for greater than one hundred Imear feet For the purpose of thIs standard, Interrupted means an offset of greater than 5 feet WE ARE PROVIDING OFFSETS OF 15'-0" FROM THE BREEZEWAYS TO THE STAIR TOWERS AND 10'-0" FROM THE BREEZEWAYS TO THE ELEVATORS. WE ARE PROVIDING ADDITIONAL RELIEF THROUGH OTH ER ARCH ITECTU RAL FEA TU RES. 3 At least sIxty-percent (60%) of any elevation will be covered with wmdows or archlfectural decoration, For the purpose of this standard an elevation IS that portIOn of a bUlldmg that IS vIsible from a partIcular pomt outsIde the parcel proposed for development ALL ELEVATIONS COMPLY AS NUMEROUS ARCHES, DECORATIVE EIFS DETAILS, BALCONIES AND TOWER ELEMENTS HA VE BEEN USED TO ACHIEVE THIS. 4 The height and mass of bUlldmgs wIll be correlated to (1) the dImensIonal aspects of the parcel proposed for development and (2) adjacent publIc spaces such as streets PER THE WEST ELEVATION WE ARE UNDER THE PROJECT IS UNDER THE 60% MAXIMUM THERIRETICAL BUILDING ENVELOPE 5 BUlldmgs may be deslgn< Jr a "vertIcal or honzontal mix of po.. lifted uses The project includes existing retail and restaurants attached dwellings and a parking garage The proposed addition Includes o Setbacks and Stepbacks ORIGINAL 1 Rlght- of-ways The area between the bUlldmg and the nght-of way (edge of pavement as eXlstmg and planned) should be sufficIently wide to create a pedestnan-fnendly envlfonment The dIstances from structures to the edge of the nght-of way should be (1) fifteen feet (15') along a rlena Is, and (2) twelve feet (12) along local streets The proposed setback from Poinsettia to the parking garage face IS proposed at 4.77 feet. This setback reduction Will facilitate the public parking Identified in Beach by Design on this site. 2 Stepbacks For bUlldmgs Over three stones (42 feet) m height, portions above 42 feet should be set back at least one foot for every two feet of addlflOnal heIght Archlfectural details that create a "human scale" may be subsfltuted for SIde and rear stepbacks CANTILEVERED BALCONIES WERE USED TO CREATE A HUMAN SCALE FOR STEP BACKS OF THE SIDE ELEVATIONS. THE CONDOMINIUM UNITS ARE SET BACK APPROXIMATELY 15'-0" FROM THE EASTERN FACE OF THE PARKING GARAGE. E Lot Coverage and Open Space At least twenty-five percent (25%) of each parcel proposed for development should be mamtamed as open landscape or quallfymg hardscape Open landscape or quallfymg hardscape means "1andscaped areas, plazas and other areas covered wlfh pavers or other decorative features, but does not mclude off-street parkmg areas or roadways The project site includes both landscaped open space along with hardscaped plazas The hardscaped plazas are eXisting along Mandalay Ave. The total open space and hardscape area is 25,095 SF, representing approximately 34% of the site. F Street-Level Facades (1) At least sixty percent (60%) of the street level facades of bUlldmgs used for nonresidentIal purposes whIch abut a publiC street will be transparent THIS WAS ACHIEVED WITH DECORATIVE ARCHES, QUOINING DETAILS AND DISTINCTIVE ALUMINUM DETAILS. (3) Bulldmg entrances should be aesthetically mvlfmg and eaSily Identified THIS WAS ACHIEVED WITH THE DECORATIVE BANDING AND ARCHES RECEIVED G Parkmg Areas JAN 1 2 2005 PlANNING DEPARTMENT CIlY OF CLEARWATER , Entrances to parkmg areas uld be clearly marked In order to c. j confusion When a parking garage abuts a public road or other public places, It will be designed such that the function of the bUIlding IS not readily apparent except at POints of access or egress The entrances to the parking garages are clearly visible from the adjacent roadways but complimented by banding and gnllwork so as not to rook like a parkmg garage. The two parking garage entrances are delineated by a raised curbed island m the middle of both access points with access control devices. H Slgnage OR\G\NAL A complete signage program will be submitted for approval at a later date I Sidewalks Sidewalks along arlenals and retaIl streets should be at least ten feet (10) In wIdth All sIdewalks along artena/s and retal! streets wIll be landscaped wIth palm trees spaced to a max/mum of thlrty- fIve feet (35) on centers, wIth "clear gray" of not less than eIght feet (8) The proposed sidewalk along POinsettia is 10 feet In width where possible. Some portions of the walkway area reduced in width to facilitate traffic movements and a loading space Both Mandalay and Poinsettia are Imed with palm trees and additional foundation plant matenals to satisfy requirements. RECEIVED JAN 1 2 2005 PlANNING DEPARTMENT cnv OF CLEARWATER r }zt;'04~ Planning and Development Services 100 South Myrtle Avenue Clearwater, Florida 33756 Telephone 727-562-4567 Fax 727-562-4576 CASE # DATE RECEIVED RECEIVED BY (staff imtlals) ATLAS PAGE # ZONING DISTRICT LAND USE CLASSIFICATJON ~, Clearwater o SUBMIT ORIGINAl SIGNED ANn NOTARI7Fn APPLICATION ZONING & LAND USE CLASSIFICA T10N OF ADJACENT PROPERTIES NORTH SOUTH WEST EAST. o SUBMIT 1 COPY OF THE ORIGINAL APPLICATION Including folded 81M plan ORIGINAL COMPREHENSIVE LANDSCAPE PROGRAM REQUIREMENTS (Revised 9119nOOI) o APPLICANT, PROPERTY OWNER AND AGENT INFORMATION. (Code Section 4-1001) APPUCANT NAME ---f5Je : t..u::.:- i MAILING ADDRESS /;'?JD '7 4UL:fVli:~W B'.J.fD,/ CL...;~~~ f==L-- ~7/J77 PHONE NUMBER 7Z.140+ - z+ot:- FAX NUMBER PROPERlY OWNER(S) f).JC... U-~...-: , (Must Include ALL owners) AGENT NAME (Contact Person) -rr..l~ t:A..Y'PC-, ::f."e.. I ~ MAILING ADDRESS '1/1 t.:::tln:;~1/7~. ~-:> t ~ 404 i -SAFe-!" ~ fi..... ~~ PHONE NUMBER rZ1- 79~ -"~?;f> FAX NUMBER -J?1-17;- 9~4"C;- The landscaping req U lrements of ArtIcle 3 Division 12 may be waived or modified as a part of a level One or level Two Approval, as the case may be, rf the application for development approval mcludes a Comprehensive Landscape Program, which satisfies the followmg criteria. The use of landscape plans, sections/elevations, renderings and perspectives may be necessary as supplementary mformatlon In addition to the information provided on this worksheet 1 Architectural Theme a The landscapmg In a ComprehensIve Landscape Program shall be deSigned as a part of the archrtectural theme of the pnnClpal bUildings proposed or developed on the parcel proposed for the development JAN 1 2 2005 PLANNIf\lG DEPARtMENT cnv OF CLEARWATER C'agE' 1 01 " , > " OR OR\G\NAL "" b The desIgn, character. location and/or matenals of the landscape treatment proposed In the ComprehensIve Landscape Program shall be demonstrably more attractIve than landscaping othelWlse permitted on the parcel proposed for development under the mInimum landscape standards 1tE &IHII}:!V Ab{r)()lj\ cF- ~ ~\..l ~~ A~\t'\.1 'k=-D WM=H---=a-h0 ~ ~ 'NU-l/"iSE ~M~ 't/tRt-~J?;. ~t"..At..-M J1~A Ata.J1, ?()l~ ~ ~ ~L.lc.i f'~ N-,,~ ~y ./'Q..~\ 'J.U:: IL1U-LX~ J\.1?6H:~_-~ ~/~~~ ~~~~~ML!lbAliM~ 2 Llghtmg Any lIghttng proposed as a part of a ComprehenSIVe Landscape Program IS automatically controlled so that the lighting IS tumed off when the bUSiness IS closed 111'6. t...lt:.J-ff11 It:; WIJ_I/' ~ 1?'e014UE:P M IV)!) ~- -'7'<"7TE:-t>4'7. nte:. ~l~ -0t==LL~rC\" t/lh4-h1U~\ 'rJ1U/ ~'b1A:IW 0#1 ~1l..l4 I I 14\-f1nME ~, ~ ~WJtW ~-nC- (...ltiH-llWL:t vJ{l&:tSE. Alyrot71A-\1CAL..L--"( ~ I 11:::' 1l>U- \ ot:T w~Ll ~ 3 Community Character The landscape treatment proposed m the ComprehensIVe landscape Program will enhance the community character of the CIty of Clearwater 1l1e ~vr--nh:= &')1~~L.V'-1 ~r=:... III ~--Ll11--'1 lLl ~\--now. rX::?H 6u~~ ~ ~ 1V .uE~_e- ~H../ Jc~xlV6HILllUH WLti~ ~ ~CNl WAt~ ~~c-r- I h a~hujL1~ -ntV7 ~+tl7 wrR:-\- ~~ /"--A.l.tru-!t~ tJP~ / hJ M/)~ ~AlA'< ~ ~ ~U::Eb ~\~-7\?-l 7r~\A/~"S Ado :r?~L.ltt ~ fOlJ.7e-mA ~l RECEIVED JAN J 2 20U5 PlANNING DEPARTMENT cnv OF CLEARWATER Pdge 2 01 2 - JRIG1NAL 4 Property Values The landscape treatment proposed In the Comprehensive Landscape Program Will have a be neflCla I Impact on the value of the property In the lmme<:hate VICinity of the parcel proposed for development ~ !Adv~ /~~ ~ \"'7 e:x 17-nl1:::i -A1.SD ~~ I yJl&1 /' {..oW l1l!.--lL.te. 1T\:E ~ Of" e:-Wl4A:t.l::et>-EJlr cr:~ (t.1 Mr:\7cAn=. YIQ.J rri" --n-h=:: LA~~ ~ WJI/L/ ILl ~ w en--\.- n-k:: ?~ LXP'~Hx- 4>lJvONuJIUMC1Jnz::-::, ~ IYP?\~ ~~ C~E ~~ 1~~\.D1~~~1 VADL--\t=e-~ ~~ f:.:1:f!-A:. 5 SpecIal Area or SceniC Corndor Plan The landscape treatment proposed In the Comprehensive Landscape Program IS conSistent wIth any special area or scenic comdor plan which the City of ClealWater has prepared and adopted for the area In which the parcel proposed for development IS located W t2r<1f711{~ ~ /~A~ N/)W::i MAl-WAL'A'[ AVE: _ r " V7COL~\'S>~~ Wl--n-t' L-k~ irP~ 1~-1~0'( -rtl-e- Cr\':(. ~~ Christy Mer \~) MyComll)lwonDD17~O 6,0-" E e 2 Please return checklist for reVIew and venflcatron Date I ~ltL( { ( r::&AP /J ~~ ~ (Signature of pphcant) - RECEIVED S application fonns/developm&nt revlowfcompRlhenslVG landscape program application doc JAN 1 2 2005 PlANNING DEPARTMENT CRY OF CLEARWATER l~ilIlIIli:lol]O..-tl NVld 3.1IS .,..III~_lH_]I _4_ '....._110 , , 3 ~9L~~ 1~ ll:illV ..IlliV31:J 1.,1 ll:il.LV},\llV:il1~ (IA1l'l },\:iI!A.!l1{l~ S OC9 :JNI :!fa ll1V J\ tlV8n:ld ~ i ~~ ~ n ~ . ~ f ~ ~ I , h r' !i ~ ~,,-;;,,-~~ > . f ~ ! E:~~ ~~ ~ 8g ~ a ~ 2:~ rei ; i ~ 8 ~;,-,~ "~i" ~ , ~ i~i~ ,," ~ ~~ ~ ~ i " ~ ~~E ~ ~ ~~ rB ,- !~ij~r \ .~; J I ~ i ~ ~ c~ ~ ~ d .~~~ ~ ~~! ~" ~ ~ i~ ~ ~~ ~ ~ ~ ~s.s. & l ~ ii5!~ ~ o-~~ ~~ ~ . 0 ~ ~ f~ft.~ :), j t'I:tIII:tII~:p.:Joo' ::a:~ :~~~~ ~~ ~ ~ ~ 0 t~~,,- ~ ~ ~-' ~ '~g~.~ 1I"~"~~il~~ ~ ~ ~ Ill: .J" ~ ~ !, ~g .. Q CZ ~~~ ~~a, ., ~ ~ ~~i~~ ~~ 3 ~ ~ ~ c, ~ ~ ~ , ; I I J ~5~ ~~~ :2/ i hi~ ~ P ~E '0 ....:::"1Ilo a e 2 ~ 3 l 8 .~ ) t'..... _.r, ........... ~ i3S;;' ~~ ~ ;~ 8 ~: . ~~ . 00 ~ ~ ~ \-.........~~j g9! ~ . ~ y i ;, ~ ~ ~ ....;!~ ~" $ ~ ~ ~ o;t''t'i!l: ~ ~ ~~~Ec ~~ ~ ~ 3 ~ : ~ ~~ Ii ~ ~ ~r!h ~ ~ ~ ~ ~ ~ ~. ,~ ~.1 g~ i i :!l~1: ~ ~ ~ ~; ~. ~ .:;.22 S. ~ ~o~. " Cl ~ :J; ~~~ ~~ a ::t I I I ! I mO , ~ 't'IU'ibtl.'lll.'t ~ ~ ....;:r;: ~ ~ s I ~ ~ n ~ ~ in! ~ ~ ~:o[ oi~ ~~ i " ~8F:i.8~~ 8 I ~ "~ ! i ~ ~~ .~~ ~ ~~ m~s~ ~ s ~ ~ ~ ...J ii ~ n~ ~ 8"- ~g " ~ ~~ . ~~ o~ " ~ ~';;; '?i::li i; "=l .t~e II I ~ .~ .~. ;. ~ g~ ~. i ~~!~;;~ : ~~ ~ i! ~~~ ,,~ ~d~ ~~~~ ~~ ~. , ~ 0 ~ . 3 ~ I ,~ X ~ g " d !~~~ ~~ ~ ~~~ ~!h ~~~ ~~~d 1<'1';' g ~~~~~~~ ~ $ Z~ i ;~ ~ ~ ; ~ I; ; , ;~~c '."8 !=~ .- ~ ~ i ~ ~ z"u,~<t~ I f " ~~ ~ ~~~HF ~ ,q " 3 . ~ ~ ~~." ~~ ~ng i!h ~~~ hi~~ '" ..""f;j z n ~ " h B ~ ~~~~ ~~ ~~~;~; i ~ 1: ~ ~ i ~ ~ =1~ .5~h ":toJ :IE~ ~ ~ ~~~~~~~a ~ ~H~ : ~on~ : ~~~ ~~~ ~;; ~;;~ " ~ ~ ~ ... -o:a>LlJ::l~~ ~ ~ ~ ~ ~ - , 1 . ~I~ ~I~ ,~ i~ T !"~ "~ if .~ I II t! ~~ ,,>~ ,~~ J-. ~~ot ~~~ II l! 1 , !! -I:' > ~~: !l ~ ^" ~ -; -: ~, ~ i~ r ~l ~ ~ " ~ ~ .' :" ", . i' ~ ~ ,.r e' , '" ,~ " 'l'" ~~... 'Y.... -,' L~ ".. ~ p;; ~ 3~ ~f h ,0 ~l A~ O{.' ~ <". -:.< '" -!.!"I JD Itt:l"j/ll IitIr (dJ!JfJN3A V ~ --- (dJOliVA37no V'7VavV/V [J A !TA1.JSnv.] ~H ~ i ~ _lllll~_-.I\lI~-:: " ....."'i ......~.x:. =~ "'.. ':~~~:~ 1..91..EE 1.01 1I3J.VM<lV31.::l 0/118: i113IA.ol1D:J S or9 JNI , arB: ..,.. -= -=--==--==-==-""""" -_n.~"1II....-n..IUUYs: -~7 ~~';-~.nv~~1 ...~~~:~U;;; -~NI 0;-;1 l\1:XY;;';V " J\'AVt I [LlJil p - 'ij ~ ~. 1 I ! ! J F ' f ~~ E j' ,; i;' a' ~ - ~ i -lh 'f ' l'" '. . 'i ! ~ 'tl: ~ ; i ,! i", i l -j "H' -." - ~ . . ~. ! ~ ';, ~l ! I ~ I !! ~;~ 0 ~ : , 'I' lb. J! J'. , ~ I -!.': ' r.g~;!'Ii 4l !r= :9!: l:i~~.c t ~" ,- ~~, ,- Hd' ! . ~ ."1_ - , . !~ .! ~ ~..j 'F.~ : ~~ 1 ,I; ~. 1 J: ~ i i; ~.;:'\ ~ I ~! ~ ~ l' i ~3 q I i ~ it &:p ~~ ~io:l -~ 'i~f!i. t~; ~ !1~<!. 15 1> . i' I'" I~~' 'v '. i. , ! " I oi H .- 'I H <. 'r' - 'i" '" - i ; \_ ,I ~~i :: I ~:zH " i "i I ~!l:H ! ! , ;l~ -, I ' <~ , ..lt~. ~ ] !, . !l! L ~ ~ " I, - i.. " t ,.", ". . . 1_ I"" ,'Ir'l l~" ,.." I ~ , . ~~ . J ,-. I', I i,,'j! · $~, ,I " . ; .0 ~ ~ II !!q, i';, ~, ~ i. l H ~ H! ! tl. I " 1" t11 ~,<, - ~-i'~', l fl., , · .\ r -.ll~1\ 'x' .~t.~ i;!'i~Hl !' - "~'~f iHi. it; i !et t~,!!~hl~I<'t " ~ [ ,'I< !: " \l;- ~ -:<: ~,.; "'{ A!~ ~ l.';~f~1-" t EI-:!~ !~!,"." ,.'">1 i" l~ :lni ! I · I _ulf < , ... h _\r,_ .r r" . 'i" <l 'I ' I "s- . H Ij-:.,Ell;tlSo, ": !-i(.,'~ ~~~;;;, ; ,\1,; ,ii !"!I"... P,I IHF..,~I, H,~I ! R l.g~ ~"'; in ..l;.C e~~J;~~ ::Ij&~t.!.;:;...!!.l!'! ~ t '!:I H~.' HI. t.ll \:- ." -,i;1' "'i"'''' - ,I ~q .0:':; ! I i'" I' -"\ .....L ~ 't.j!t ~ v- r li "i' 5'!l; .;:I:r ~ ll. ~ ~l>""i;;; "l:,,~ ""f~~ ~'!-"1']!~ifS- ,.s~~...ii tl -, "f- .,.i. r;~ f.!' y ~ ~lt F" - h~~./!~].r Ur. ~~II!i H:I ibl :J;;!~d,:~: !!~FI! ~.; 'Iil' !~;f~;;;~:jr;;;jlil t!!t~~f~,~t;~~15:;ri~ ft--l ~<i t ~ D ~~~~ o ~~ , r L :: ~ ~ !~ P i: .: l ;I E, 11 II ~ I ,. ~ ~ ~! .?.{'. r~.., " l I'" ft d NV1d :IdVJSONV1 1j HaL v ,\Ullf31 J Jnv M /lVJ1lad ~ I .i ( f 1 " !! ,.j; I- t! i!! I: ~, i:, .?~~ ~ ';i ~ ,... - ~l. ~iH U1 ~ f:"'~ I~ i" LI l}:t'~ff <1.1"" 1;JU"I'a IDH . " lJ 1 ~~-.uIfr:Jl;;l n UO~ "'IMf~ 11 t I ~ ~ ~ . , " ~ g ~ ".. . e -.. , . . ;JP~ jllil 1111' j'~ - :! I' ~ I~I \: ~, ~ ,I' Il<:::' , II~ell 111~~II~O~IIII~~~~~~~~~~~~e~~_"~~N, IIIII~ ii; ~! ! ~ ;; ((\ ~ 51 I: coo '~o.o~~o~~~~, M~~OOOOCOO~~~~~~O~~OOC~ OM' o~~q~~~~~ a ~~ ~N~~~~~~~~~~~~~~~~~~~~~~~~N~~~~~n~~~~n~~~~~~~~~ ~~~~~~ l ,q~ Ij~ I: ~I' ~ ;I -~-~?~'~~~2~~~2~~~~~~~~~~~i~ -~~~~~~~~~~~~~~~~-'~~~3~~ ~zt~tJ~~~~~~~l~~~~~~~~itJlJlJ~~1~~~~~~~~~~~i~i~~d~i:~~ ~ . iJ n Il"~ ~ ~l ~ ,<Ill ~ ~~~~~~~~~~9Q~~_~~~e~~~~~~~~~~~~NONJ~~~eee~sro~~~~~~~~~~ ~ ~ ~ ~ ~~~~~~~~~-~~:_~~~~~~~~~~~~~~~~~~~~~~~~~Q~~~~~~~~~~~~~ €" ~i r " - I -- - -- : -}~ --~ - - - -- . , -:-=.=--:- - - ,,1 ~ ,:;:~ ~ ~ Ig " . ~ 1 I . ill 1/ ~ 11< ~ i } ~i~ . g II ~ ~ ~ 11JE! / I Ii:: E! ~ g 1\ ~l~l ~~I ~'IIIJ~lJo~ ~~ll! , tl"o.' 1 ' .., " " E! I; l-.ol =~~lj ~ .m .rI'[']~""_N Olw-.)o:: .\.P>n"'........ ~ '1 to ~ a- U; ~ i, '! ~ r.~ ji~~~ ~~~ 0: ""I; ~"- ~- M + ~: ~ i;o~ u g~~ u w ill.' ~"!~OIL.~n o ~;.t~ ~jto""~! !;;:~.... -' I ;:; I I ~ ~ . ~ ~ ;? ~11 ;~ u 9~~; '" I I ~<L o v ill ~,~ ::;: - """ >- ~ - .~ o z -~'-----:....- - -- ~--~=-----~- ~ Hvlllll_.......,..,....~ _-.l..~_~ L ~ ~ ~ v u ~ B , n H~ ~ ~ ~ -....---....... D ( NV1d ~OO1~ AlclYNlfQ131c1,j ) I~~~" - _~T~ ~~t'-...... ~".dI. 1Id::I~_ o :jj; :t! ~ ;:;; ~ lJm~LU 'H::::I.w-t-"nuu lliiLa~~ ~~~5i~t~ Y<IlIlO1~ ><:>""" II3L _Yil1;:1 ....... - 3fl1B^,~ AVlYll NWI_ ':>o.Il ~___.ouo<IS )fl\fM N'o'Ol13d gl Ii! t r !I I n I ~ t ~ I u i ; ~ t II , II ~ ~ I I I ~ I t I I! . I r ~ I II II I I II t 4 ~ ; ~t ~ ~ I I t ! r ~ ~ I !I -; ;1 ~ ~ !~~~~~ ; ~ g $ I I; ~ ~ r ~I!IUI~ ~ W . I I i ~ I . , r 43 \ \ f Q 11 i ~ II I D( ill -....-----.. - M1Q~ ~~~ 11II ~t'OWtt.L !H::;..w-tttn.tl 85lU.~~::::I """"~-\CJ\OS;:iitn "'"- - "111 ~v.FUW"__""~ NV'kIIIQ01,lI.ll>'Nll'fnil~~ ) YIlI""'" ""ViIlIIIiI.l_ Y31;> ;InIGA'" "'VlYllNWl_ )f'I'ltM NVOIl3d t g e t t 1I II I s h I ; H ! I ~ ~ ~ [I~ ] l; .~ ~ . ~ ~ ~ ;: ~ : ~ ~ I ~ h ~~ I U . -~- -- LJ_w ( -IIIIIa:II'i' _"IInIIIInI'tIlolHllI.LS Ma:)~I&d::Io~fiIIWoII .lIIi~Kl'Wm K;)~'''lU ~tII:~~ W#Y~r.irICS~1.U ........ .......- "'I ~__puo.-..ds N'fId lIOOld All'lNlWl"l~1I d ) YlllllOH 1QY3lI1B.l_'f31'3 ~nN3^Y ^ VlYlIHWI tlJlo" >rNM. N'd::lfl3d i t , II II i f I II } } I II 11 f I t ~ II ~ f ffi I [~ 00 ! d; Ii!!; In.. J' !I~I~I h~ =n i n; I!"~U > > Dr III .....~--......... - II&I:IQ"'..-...... . GAl- ~MMM. III m.t-a'WW I-OW.nuU Z,l"~ ~ otoaV~'IiPOS$w.. - - -:II.lI_____...>UOds NVId ,IOOl/ All\'NlHl~d ) YCIlllCl'U ICl'Y3lIIBJ. WlIViJl~:'1 3I1Iao\y AVlYllIM'll ~ )I"l\IM N\fO/l3d i 4 I hI I 3 I ; n!! ~ [!l ~ ~ 'I~I~I~ h ~ . . . ~ " j d d ~ ~J ~ r ~ " > > > D( -...----........ - WQ::I1t"'-_'iI',lJl.l..II..IiEIIJI~~ lIiI lliU-l)WLU -.owsn,a! Ei!!iiU:I:~Je1IIlII.ihIj ~~I,Q'M;IS!iiIoZ~ ....... ""-'" ~ ~""""'--"ypuII"'~ , I I, Ii I' @J: ctJ: II II ~ ! is ; U I I ~ ~ ~ ! [l~ ] SNOU VII31~ ) V{]I1lO1. IQV3lIIl3J. \MlI'G1:l 3nN3/1V AYlVCNWl 1:1I1< )flVM NVOIl3d '~/ e ~ J I" II ~ u ~llln~ I '11m ~ F ~l 1;;' ifi tl , I" J'O"" III ~ /-..~ ~~~ ~<;/ r ../ '~)<X~}(>(j(>~/ ~ j! 'tZ; "'''''I "'0"/0 "'O-/'/',"""'/x~/X,;X:l/ I I Y ~~~ / ~ )~X~(XYX/'>-l..J'<~;< l! 1m I /,/,y / /, vvy,' v'vYV""f'YV1'/ li I;blhh: : ~! tm ~,! I. I! ~I h I! It Jd:U I ! _....'""""-...-.-~ C ~ WrI~"'~d woo'r-- 9... I;M)Q~~ _ 'lIII lSU:rDwLU i-CW"UWtl".t 115tt"~:iiII~ l tAy~V>>S'5~L ~ UlOO-::'-=:5:uods I ii ~ ~ i ~ H I I ; Q ~ :! [)f] iI t II I. 15 at ~ h ~ II i (ij ....cu V/\313 ) VClIlO"ll fCw31U.3.l.1Il'>\Il V31:lJ "3~V.lV1VlJ__ )fl\IM NV:>ll3d ~,~ 0 :0 i t.... J , III ,. Iii U. ,F< (I (II 15 i= ~ ~ ~ ! ~ ,I (ii, II j I" 't'OltlCI'l::l 'IBNMW3l:l 3lW.:)ffi:I.LS ONO&lVd ~ ...... t IIdl! .. ... ........- Ii..... .. '" - ........- )(l'tIM NV:>n3d II~ .< .. ... - ....-- J I; - - -- . 0-- ... :5@ [5 "" '"- I!~~w~~ l ~iSn. o=::::s~ I I I I I I ~~; ~~ ~ --r--.-TTTIl--- .. ...., :: ii1111111111~ 4U.I--.J.!-ij.-..~~ ~. ,......" '411. a ~ =qlll ~i II ~I. Ii ~I ~ II U! ~ . I . .. !i h. If a II ~ Is ~ 8 .: ~ ~H I h I ~ ~ i ~ "' 'i ~ f j ! I i . i . . ! i & i ~ I g .. I I , ~ f ~ ~ i ! ~~" _ "W"1I-....=liI I"tiO% tJ.I\OI'II 1!o.p~~~-:IFlAt ~~~ I;IQJI~;Iod ooarjj;~~~\:O iq-; ~I 11 ~l I; it ~; I, I, ,~ ~I'II; 1,1 I! i ~J. ~iI!! ~ ~! ; Ii II itllh ... - .. .. .. ..- .. ... - - ----- ............. -.....- WlICfY "lBmIlfW9'tI ~ eNMlVd >rWM NVOIl3d ~ 11m N Ii :< .') '" ~ ~.; ---8 ~ i ~ I ~ ~ l i ! t 1 i J: . . I , i l ~ - - - -----0 i , , , I I I i , , , , , , , I I I I I I I I I , , , , , I ~ . ~ 6 6 ~ 6 6 6 l i 0 , ~ f ~ ~ ~ ! ~j' - L11111- 9;:g IoOOZ: 'O~..I!.Ot!I 6.p-...otO~J-lOW'M~'" dIII::0[JJ>4 00 UIi.L-'iit\ ~ 'I'll YOY:nl 'lSlYMW3l:l ~ElNOOI'td ~ .(\') i'IJI! .. .. """'. ...... -.... 1< .. ,. ........ ....W-llHi~ >IlVM NVOll3d I~~ .. .. --- ...... - .... . I - -.. I J I - I l , I ~ :; I , 1==1= I , -F9-- ~ ---+- $ -/--f ~ "'~ ~ 1 I I ; > , ,......... ~.I << ~ :~; f ~ i ~ S I ! < ~ ] J ! j i I i ij ~ . , ! ij ~ 1 i ~ ~ t , I i .. i : 1 ! ~ ;: ~ j ! ~""",,f~ MIJ'lII UI"II- 9ii~ 'Ii'OOlli!l ~ ~....oooLl.~J1"""" WJfl~~ -.!:! (lQU.~I-'Ij.~\ ~ -I i I I VOII:I01:I '\Bi.'IMlWn) I.! II :R!IU.OIll:U.S DNDlWd ~ . "<I: , 1I!1!. ... ... IG'llb~. IlliJllilll~O"'Ii5I I ! -- .. '" -. ...,,"'.... )f1VM NV::>113d ;~~ .0:( ... ... """, .............. t j I - .... -.. . J I - -----t. H , ---l , 1 , , I 1 I , ~ 6 <.:> :;;~ g~ I a... ..;- ""' VI W u <: a... VI -- z w o ;;; w 0:: ..;- -- -.p9-- ~-<- ac t- --+ -~rll- ~ ' z , I , I I I I , I I ~ ~ 6 , I , . I I , , ~ ~ I , I__-@ I -----0 -~----0 ::;;~ tn::= - ----0 - ----0 :J:W "'- <=> <>oJ: _u ------0 --0 ",- ----0 -'" ",,0 w.... 9~w ",w<>o ",-,0 <>owv -------0 - - - -----G '" ~':O ....0 -'" -=- - ----@ - - -----0 ...,.(QiII:;lIy,<iolil'l ,......", ~.~ < 1 z , ~ "- :~~ ~ ..... 1 ~ :J: ~ l;;: ~ :> ~ ~ l . i E ~ .. ~ ! ~ i , i , i . , I ~ ~ f ! i . .. g ~ , ; ~ , ~ i ! I,LIl!Il;jji;;~ .,OO~ ... A,ON I)...,.,p l'06OIL-Al"i"N1 N'Itjl"')d\~lOM..j~l-l'd 00 ""'iil-~t\ [) , ill s .. c ; '2 a: I MXI:~~"'~~~O alltOOO"'" WOO'lj:lJBJ:lOulMlsOsfs WO:I'lj:l.JDJa:lUlMIs' ~ l<,I Z6~J.-Z\rtILz:L HO~\t'-&\rtILZJ. 99J.tt epIJOl.:l 'J9\e_910 8^\t'9IlJ~W 'lInos !i~Z~ 6u!UUll1d 9Jn}:l81l11:l.IV 'OUI 'a.mpa1!LPlV sa~E!!:>OSSV pUB Jaouads ---1 <( z. - c..!) - 0::: o c Z~ ~ Ln ~i c:::::t c:::::t i~ C"o.I - C\l W ...--4 00 0 Z (!)LL. <( ~O UJ ....., Ze-: ~ ~O ( ElNI~3aN3~ ) OOl,IOO ~v 'Wnf 'M3~3dS T NlHd31S 'v'al~01.:l 'H:l'v'38 ~3.L'v'M~'v'3':l 3nN3A'v' A'v'l'v'aN'v'V11 €BtJ' )tl'iM N'v'~1l3d I .1 [ 'I .1 .t ~l. w .... fil <( 0 2 w 21 '" ~ iil Ul 0 <( ~ i ! ! ~ o 0 0 ~ ~ 10::: Ul z" 0' t=' ~ i ! -' I W ~ ~ J en i U5 ;- P Champagne Tint 87 6823-1 6823-1 P Peach Fluff 76 6134-2 6134-2 o Sun Coral 6118-3 1 I 45 J 6118-3 ~ ..-/ . /J -~~ '\. -'"\ \ / View looking northeast at subject shopping center from Mandalay A venue View looking west at common southern property line with CVS store . View looking south along Poinsettia A venue from southeast comer of subject property 483 Mandalay Avenue FLD2004-09072/TDR2005-0 1 0 15 /' -.:'" ~ \ -.- ........~ ..r- View looking northwest at rear of subject shopping center an~parking lot from Poinsettia Avenue -' -' , < /- If I I '. ..... View looking north along Poinsettia Avenue adj. to subject property (Belle Harbor in background) View looking southeast from Mandalay Avenue at CVS store adjacently south of subject property Page 1 of 2 View looking southwest at retail along Mandalay Ave and Mandalay Beach Club beyond """""---.- ~~x:~, ~~",7;~~~:- '-. View looking northwest at the rear of development on north side of subject property View looking south along west side of Poinsettia Ave. (rear side of subject property) from Baymont St. 483 Mandalay Avenue FLD2004-09072/TD R2005-0 1015 View looking west at commercial uses across Mandalay Avenue from subject property 1- -- I View looking north at development along east side of Poinsettia Avenue Page 2 of 2 r~,. 1i: " " -, ( ~l~ '1~~".:"..-"",... (\.l~ ~'" !\,,,.oF ,t,-'fftJ'"!&' ~'~~~""-I' r67;:;;"" 4,tCL-'""l ~jl ~"4-7 ,.. ;p~ \~, ~ ".......~.... :CJj,,", \ II ,;f!tf"'" ~ ~ ~~~"/~-':"""'~~~~ "'r:::: ';. -= - '" .-..;':1 "'~';. =-~ ;;:::-H~ "'..~':. -==- ~Cl ""'.YA')-:.---~ 'f"'':''> ":.; ~~~-;;;;;;"~~l ...~"."....}jTE"'ilff" ".IJ1I' CITY OF CLEARWATER loNG &\NGf PLANNING DEVELOPMENT REVIEW PIANNING DEPARTMENT POST OFFICE Box 4748, CUARWATER, FLORIDA 33758-4748 MUNICIPAL SrRVlCFS BUILDING, 100 SOUTH MYRTLE AVl:NUE, CLEARWATER, FLORIDA 33756 rELEPHONE (727) 562-4567 FAX (727) 562-4576 Apn125,2005 Mr KeIth Zayac, P E 701 Enterpnse Road East, SUite 404 Safety Harbor, FL 34695 RE Development Order - Case Nos FLD2004~09072/TDR2005-01015 483 Mandalay Avenue Dear Mr Zayac ThIS letter constItutes a Development Order pursuant to SectIOn 4-206 D 6 of the Communrty Development Code On Apnl 19,2005, the Commumty Development Board reVIewed your requests for (1) FlexIble Development approval to pernnt a mixed use (proposed parlang garage and attached dwellmgs m conjunctIon wIth eXlstmg retatl sales) wIth a reductIOn to the front (east) setback from 25 feet to 4 77 feet (to bUlldmg), a reductIon to the Side (north) setback from 10 feet to 2 91 feet (to bUlldmg), reductIOns to the Side (south) setback from 10 feet to zero feet (to dumpster enclosure), from 10 feet to I 74 feet (to pavement) and from 10 feet to 26 feet (to bUlldmg), a reductton to the rear (west) setback from 20 feet to 05 feet (to bUlldmg), to 10crease the bUlldmg heIght from 35 feet to 70 feet (to roof deck) wIth an addItIonal four feet for penmeter parapets (from roof deck) and an addIttonal 16 feet for rooftop pavlhon (from roof deck) and to pennlt a butldmg wlthm the vlslblhty tnangles, as a ComprehensIve Infill Redevelopment Project, under the provlSIons of Section 2-803 C, and a reductlOn to the WIdth of foundatIOn landscapmg along POInsettia Avenue from five feet to 477 feet, as a ComprehensIve Landscape Program under the proVlslons of SectIOn 3-1202 G, and (2) Transfer of Development RIghts of four UOlts from 656 Bayway Boulevard, under the provIsIons of SectIOn 4-1402 (TDR2005-01015) The Commumty Development Board (CDB) APPROVED the applicatIOns with the followmg bases and conditIOns Bases for Approval 1 The proposal comphes wIth the FleXIble Development cntena as a ComprehenSive Infill Redevelopment Project per SectIOn 2-803 C, 2 The proposal IS m compilance wIth other standards 10 the Code mcludmg the General Apphcablilty Cntena per SectIOn 3-913, 3 The proposal comphes with the Transfer of Development Rights per Section 3-1403, 4 The proposal comphes wIth Beach by DeSIgn, and 5 The development IS compatlble With the surroundmg area and WIll enhance other redevelopment efforts BRIAN J AUNGST, MA YQH-COMM!,SIOi'lFR !-IOYl HAMil I OJ'" Vln lvtAYOR-COMMI~SIONLR WHI1NtY GIv\Y, COMMIS",OJ',I R FRANK HIBBARD, COMMISSIONFR *' Bill JON~ON, COlhll1\SIOI'.I R "EQUAl EMPLOYMr I'.' I AND An 1 RiV1A 1 IVI Ac I 101'.' EiVtl'l 01'1 R" \, Apnl 25, Z005 Zayac - Page Two CondItions of Approval 1 That the final deSign and color of the buIldmg be consistent with the conceptual elevations submItted to, or as modIfied by, the CDB, 2 That tenant storage Units on Level Seven be for storage only, 3 That the pavtlIOn on the roof be open-air and not be enclosed m any manner, 4 That the southern resIdent/emergency eXit dnveway be used for both Ingress and egress at appropnate tImes dunng peak events, 5 That replacement tree calculations be revised, acceptable to the Plannmg Department, pnor to the Issuance of any permIts, 6 That a special warranty deed. specdymg the number of dwellmg umts bemg conveyed or sold from 656 Bayway Boulevard and bemg transferred to this site, be recorded pnor to the Issuance of any permits for this project The specIal warranty deed shall also contaIn a covenant restnctmg m perpetuIty the use of all platted lots at 656 Bayway Boulevard due to the transfer of development nghts Any mortgage holder of the sendmg Site (656 Bayway Boulevard) shall consent to the transfer of development nghts pnor to the Issuance of any permits, 7 That all proposed uttlitles (from the nght-of-way to the proposed bUIldIng) be placed underground CondUIts for the future undergroundmg of eXIstmg utlhtles wIthm the abuttIng nght-of-way shall be mstalled along the entire sIte's street frontages pnor to the Issuance of a CertIficate of Occupancy The appltcant's representative shall coordmate 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 appltcant's engmeer and the City'S Engmeenng Department poor to the commencement of work, 8 That all eXIstmg nonconformmg freestandmg and attached Slgnage be brought mto conformance wIth Code provISIOns pnor to the Issuance of the first Certificate of Occupancy for the attached dwelhngs The Comprehensive Sign Program may be utlhzed to provide freestandmg and attached slgnage III accordance with Code provISIOns, 9 That changes to the number and locatIOn of trash con tamers, trash rooms and enclosures, acceptable to the Sohd Waste Department and other DRC members, be reflected on revised site and bUIldmg plans pnor to the Issuance of any permits, 10 That dumpster enclosures meet Solid Waste Department size reqUirements and be consistent In extenor matenal and color as the hotel buddmg, 11 That a condommlUm plat be recorded pnor to the Issuance of the first Certificate of Occupancy, 1Z That, pnor to the Issuance of the first Certificate of Occupancy, traffic Impact fees be assessed and paid, 13 That all Parks and Recreation fees be paId pnor to the Issuance of any peomts, and 14 That all Fire Department reqUIrements be met poor to the Issuance of any permIts You are also requested, since the property is more than one platted lot, to record a Declaration of Unity of Title in the public records of Pinellas County within 30 days of the date of this letter. The attached DeclaratIOn of Unity of Title document has been prepared for you for signature and recording. The new Declaration of Unity of Title document requires the owners' signature to be witnessed by two persons (whom also must sign the form) and be notarized pnor to recordmg. Once the new Declaration of Unity of Title document is recorded, please submit a copy of the recorded document to Wayne Wells for our records ...." ..... -I Apnl 25, 2005 Zayac - Page Three Pursuant to SectlOn 4-407, an applIcatIOn for a bulldmg permIt shall be made wlthm one year of FlexIble Development approval (Apnl 19, 2006) All reqUIred certIficates of occupancy shall be obtamed wlthm one year of the date of Issuance of the butldmg perrmt 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 ofvahdlty The Commumty Development Board may approve one addltlOnal extenSlOn of tIme after the commumty development coordmator's extenSIOn to lllItIate a bUlldmg perrmt apphcatlOn The Issuance of thIS Development Order does not relieve you of the necessIty to obtam any bUlldmg permIts or pay any Impact fees that may be reqUIred In order to facIlItate the Issuance of any permIt or lIcense affected by thIs approval, please bnng a copy of thIs letter wIth you when applymg for any permIts or lIcenses that reqUIre thIS prIor development approval AdditIonally, an appeal of a Level Two approval (FleXIble Development) may be lllltIated pursuant to SectlOn 4~502 B by the applIcant or by any person granted party status wlthm 14 days of the date of the CDB meetmg The filing of an apphcatlOn/notIce of appeal shall stay the effect of the declSlon pendmg the final determmatIon of the case The appeal penod for your case expires on May 3, 2005 (14 days from the date ofthe CDB meetmg) If you have any questIOns, please do not heSitate to call Wayne M Wells, Planner III, at 727 -562~4504 You can access zomng mformatlOn for parcels wlthm the City through our webslte www mvc1earwater comlgov/depts/olannmg *Make Us Your Favonte' Smcerely, ~ Planmng Director S \Planmng DeparlmentlC D BlFLEX (FLD)\/nactlve or FInished App/lcanonslMandalay 0483 Pelican Walk Garage (7) - Approved\Mandalay 483 Development Order doc . PLANNING l,..:PARTMENT 100 S MYRTLE AVENUE, 2ND FLOOR CLEARWATER, FL 33756 PHONE 727-562-4567, FAX 727~562-4865 DECLARATION OF UNITY OF TITLE Property Owner BJE, Ine Property Address 483 Mandalay Avenue KNOW OF ALL MEN BY THESE PRESENTS, that pursuant to the ordmances of the City of Clearwater pertalnmg to the Issuance of bUIlding permits and regulatmg land development activIties, the undersigned, bemg the fee owner (s) of the followmg descnbed real property Situated m the CIty of Clearwater, County of Pmellas and State of Flonda, to Wit See attached ExhibIt "A" do hereby make the followmg declaratiOn of condIttons, limitations and restnchons on said lands, hereafter to be known and referred to as a DECLARA nON OF UNITY OF TITLE, as to the followmg parttculars That the aforesaid plot or comblnatton of separate lots, plots, parcels, acreage or portIons thereof, shaH hereafter be regarded as and IS hereby declared to be umfied under one title as an mdlvlslble bUlldmg sIte 2 That the saId property shall henceforth be consIdered as one plot or parcel of land, and that no portlOn thereof shall be sold, aSSigned, transferred, conveyed or devIsed separately except m ItS entirety, as one plot or parcel of land 3 That thIS Declaratton of Umty of Title shall constttute a covenant to run With the land, as provided by law, and shall be bmdmg upon the underSigned, and the heirs, successors and aSSIgns of the underSIgned, and all partIes claImmg under them unttl such ttme as the same may be released In wntmg under the order of the Clty Manager of the City of Clearwater The underSIgned also agree(s) that thiS mstrument shall be recorded In the pubhc records of Pm ell as County, Flonda Signed, sealed, witnessed and acknowledged thiS at Clearwater, Flonda day of ,20_, WITNESSES OWNER (8) STATE OF FLORIDA COUNTY OF PINELLAS The foregOing Instrument was acknowledged before me thIS ,20_, by on behalf of whom the mstrument was executed day of Notary Publle SIgnature Name of Notary Pnnted Notary CommIssIon Number (SEAL ABOVE) Personally known or produced IdentificatIOn Type of ldcn/J ficatlOn produced S \Planmng Dcpartmenl\Apphcatlorl Forms\development revlew\Unlly of TItle DeclaratIOn 2005 doc Wells, Wayne From Sent To Subject Wells, Wayne Wednesday, Apnl 06, 2005 8 15 AM Keith Zayac (E-mail) Pelican Walk Garage and Condos Keith - Based on the letter sent to the Mayor from Nickolas Ekonomldes, what changes In the application matenalls necessary, or should we Just Include the letter In the package to the COB and speak of the change In position In the Staff Report? I am trying to finalize my Staff Report, so I need to know as soon as possible Thanks Wayne 1 Keith Zayac & Associates, Inc. CIvil Engmeenng, Landscape Architecture, Plannmg 701 Enterpnse Road E , Ste 404 Safety Harbor, FL 34695 (727) 793-9888 Phone (727) 793-9855 Fax kelth@kelthzayac com MEMORANDUM TO Pelican Walk Design Team DATE: 03.30.05 RE Pelican Walk Parking Garage On Monday I met with Tom Glen to resolve the inSUffiCient solid waste container requirements The best way to approach this IS to place (2) 17 yard compactors In the proposed dum pste r sto rage a rea at th e north ern end of the bUild I ng We wou Id ca u se us to loose one parking space due to the width of the compactor (793 feet + 2'{ side for service = 11 93 feet) Furthermore we will be reqUired to have two addItional 4 cubic-yard roll-out dumpsters and a recycling area . 17 yard compactor dimension 17'-10" L x 95 25" W x 104 25" H . 4 cubic-yard roll-out dumpster 6' Lx 5' W x 5' H Thank you, Keith Zayac & Associates, Inc / I Wells, Wayne From Sent To Subject Richard Marcel [Rlchard@Kelthzayac com] Tuesday, March 29, 2005 8 25 AM Wells, Wayne RE FLD2004-09072/TDR2005-0 1015 - 483 Mandalay Avenue Deflnitely Wayne, I am ln the process of typlng up a memo for the dumpster storage space and once I flnlsh you wlll deflnltely be CC on lt I am gOlng to try to flnlsh thlS memo by noon Thank you, Rlchard Marcel Kelth Zayac & AssoClates, Inc -----Orlglnal Message----- From Wayne wells@myClearwater com (mallto Wayne wells@myClearwater com] Sent Tuesday, March 29, 2005 7 58 AM To Rlchard@Kelthzayac com SubJect FLD2004-09072/TDR2005-01015 - 483 Mandalay Avenue Rlchard - On March 21, 2005, I sent you an emall outllnlng two lssues needlng reV1Slons on the plans One of the lssues was related to the dumpsters We met on Frlday, March 25, 2005, and dlscussed the lssues We set up a meetlng for you wlth Tom Glenn for 9 am on Monday, March 28, 2005 Could you let me know what was the outcome of your meetlng wlth Tom Glenn and any revlSlons that wlll be made to the site/archltectural plans? If there are any reV1Slons, when wlll they be submltted to me? Wayne 1 " I ,/ .... , ~ GO {lll':..ot$-<>-.? ~o~\.M.lIFrl!t~ \t~ ~1f.4'~ii~~~7~~ j 4~.' ~.....~... ~~l"II/ .0;. ~ ';. .;; --~....r--\_ 'i' " ~ l1j~' -= ~" <q ..c.:;.:==-' ~Il ""..::.9':. - =- ;;::.'" ~yL't...~ ,.'r-..'-';\ ~~If.""_I>'''~~tl' -.,l-4'~~1E'R'd_'~. -TIP 11 J ~ CITY OF CLEARWATER PLANNING DEPARTMENT POS1 OFFICE Box 4748, CLEARWATER, FLORIDA 33758-4748 MUNICIPAl. S[RVlcrs BUll DING, 100 SOIJfH MYII.lI r AnNulo, CI I:.ARWATER, FlORIDA 33756 THHHONIo (727) 562-4567 FAX (727) 562.4'576 loNG RANGE PlAN\(ING O],:VUQPM[NT REvIFW March 25,2005 Mr KeIth Zayac, P E 701 Enterpnse Road East, Smte 404 Safety Harbor, FL 34695 Re Commumty Development Board Meetlllg (Case Nos FLD2004-09072/TDR2005-01015) Dear Mr Zayac The Case Nos FLD2004-09072/TDR2005-01015 for (1) FlexIble Development approval to pemllt a mixed use (proposed parking garage and attached dwellmgs m conjunction wIth eXIstIng retail sales) with a reduction to the front (east) setback from 25 feet to 4 77 feet (to bmldmg), a reductIOn to the sIde (north) setback from 10 feet to 2 91 feet (to bUIldmg), reductions to the sIde (south) setback from 10 feet to zero feet (to dumpster enclosure), from 10 feet to 1 74 feet (to pavement) and from 10 feet to 2 6 feet (to bmldmg), a reduction to the rear (west) setback from 20 feet to 0 5 feet (to bUIldmg), to mcrease the bmldmg heIght from 35 feet to 70 feet (to roof deck) with an addItIonal four feet for penmeter parapets (from roof deck) and an additIOnal 16 feet for rooftop paVIlion (from roof deck) and to permIt a buIldmg wlthm thc VISibIlIty tnangles, as a ComprehenslVe Infill Redevelopment ProJect, under the provIsIOns of SectIon 2-803 C , and a reductIOn to the wIdth of foundatIOn landscapmg along Pomsettla Avenue from five feet to 4 77 feet, as a ComprehenSIve Landscape Program under the prOVIsIOns of SectIon 3-1202 G, and (2) Transfer of Development RIghts of four umts from 656 Bayway Boulevard, under the provlSlons of SectIOn 4-1402 (TDR2005-01015), for property located at 483 Mamlalay Avenue, has been scheduled to be rev1ewed by the Commumty Development Board on Apn119, 2005 The meetmg wIll take place at 1 00 pm III the CIty Council Chambers, 3rd floor of CIty Hall at 112 S Osceola Avenue, Clearwater If you have any questIOns, please do not heSItate to call me at 727-562-4504 Sincerely, k>~ N.- t\. \0&9.. Wayne M Wells, AICP Planner Hr S IP!an",ng Depmlmenl\C D BIrLFX (FI D)lPendmg {'("esIUp Jor Ihe tle:./ CDBIMllmllllay 483 PelICan W'Ilk Garage (T) 4 1905 CDB . WWIMm,d'llay 483 4 19 05 CDn Lellel doc BRIAN J AlIN(;~T, Mi\'IOR COMMI~<;IONrR I-lm I HAJljJI10N, Vln MAYOR COMMI~SIONI R \XfIlJ J l\LY GRr\\, Cmt\Il~"JONI R ~RANK HIBBARD COMMlS<;IONHl * Bill )ON<;ON, CO\tMI\~IONII( "l:quAI hMPI OYMFNT AN]) AI 11I{i'IA I [VI ACTIO" LMPI Qll R" Page 1 of 1 Wells, Wayne From Wells, Wayne Sent Monday, March 21, 2005236 PM To 'Richard Marcel' Ce, Glenn, Tom Subject RE Pelican Walk Richard - Two additional Items 1 Please have Spencer's office revise Sheet P2 to provide access from the second Irving level breezeway to the elevators and the trash chute, much like It IS shown on Sheets P3 and P4 Need 15 caples collated Into the sets we have here 2 Tom Glenn with Solid Waste was here In my office We reviewed the currently submitted plans He IS saYing the plans Will not work from a dumpster number and type situation, due to the current trash demand and anticipated demand with the addition of the attached dwellings One, It IS unclear what tenants the northern dumpster area on the site plan (Sheet C4) and architectural plan (Sheet A 1 1) IS serving, as there IS no access from the inside area of the parking garage Two, the trash chute room on the ground floor IS too small Three, Will the residents be recycling or not? If so, need to provide for thiS If not, discuss with Tom Glenn Four, there are three dumpsters on the property today, plus a recycling dumpster for Outback There does not appear to be sufficient dumpsters, size of dumpsters or type of dumpsters to adequately serve the property Is the southern dumpster Intended to be a compactor dumpster? If so, It IS unclear If the area devoted to It IS sufflclent nor whether the truck can get to It Strongly suggest getting with Tom Glenn qUickly to determine the adequacy of trash containers and trash areas and make any (and all) changes to the site plans and bUilding plans/elevations I Will need all revIsions In to my office fairly qUickly, as I should already have a Staff Report wntten as of thiS date Call me (562-4504) or emall me If you need to Wayne -----Ongmal Message----- From: Richard Marcel [mallto Rlchard@Kelthzayac com] Sent: Monday, March 21, 2005 11'44 AM To: Wells, Wayne Subject: Pelican Walk Mike, I am waiting on Steve Spencer 10 get back Into his office to help me properly answer your questions Once 1 speak to Steve 1 Will emall you wlIh the results Thank you, Richard Marcel Keith Zayac & Associates, Inc 701 Enterprise Road E , SUite 404 Safety Harbor, FlOrida 34695 Phone 727-793-9888 Fax 727-793-9855 3/21/2005 ."''-''''' l,I~\.~LGF r/ft '...... ..~--\. '1"".m..;....~fi"- \-~~t,.'J ~ .....~~ ,"~,' \I/~":. ",," "-V~'''' , 'I ':. - .. brl_ - - J] _, ....., = -.. ~~\ =--------- ~.. ~~~---=- ,.,~~ ~t#;rH.."~~l.... .........11 TEY\, lIt "-"JI ...1 CITY OF CLEARWATER POST OFflCF Box 4748, CL~ARWATFR, FLORIDA 33758-4748 Tl:.IEPHON~ (727) 562-4750 FAX (727) 562-4755 Re Pelican Walk February 23,2005 OOI[~~B~~~tj \ i PLANNING ~ - -- --. - --- - ,\ ~ ~ : ___-C1~)' c.:: ~ . - - PUBlIC WORKS AoMINISTR....TION Mr Keith Zayac, P E Keith Zayac & Associates, Inc 701 Enterprise Road East, SUite 404 Safety Harbor, Florida 34695 Dear Keith This letter IS to formally advise you that the Amended Agreement for Grant for construction of a parking garage at the subject property will expIre on March 31, 2005 At that time the City has the nght to prOVide written notice that the agreement has expired and has no further force or effect As desCribed In a February 1, 2005 emall to Steve Spencer, If It IS your client's Intention to proceed with this project you must submIt a formal request for a time extensIon This matter was discussed at the February 3, 2005 City Council meeting The Councllmembers unanimously agreed that any further time extensions Include speCifIc milestone dates WhiCh, If not met, would allow for termination of the Agreement The City proposes the follOWing milestones Community Development Board Approval Submit BUilding Permit Application Respond to BUilding Permit Comments Commence Construction Final Certificate of Occupancy April 19, 2005 August 1, 2005 2 weeks after receipt October 1, 2005 October 1, 2006 Please respond as to whether your client Intends to proceed with thiS project. and If so, are the above milestone dates acceptable If you have any questions or need additional InformatIon. please call me at 562-4743 ~6~ Michael D QUIllen, P E Engineering DIrector cc Nickolas Economldes, P A Pam Akin, City Attorney Garry Brumback, ASSistant City Manager Mahshld Arasteh, Public Works Admlnlstrator Cyndl Tarapanl, Planmng Director Scott Rice, Land Development Englneenng Manager ~RI\J',K 1I1mJARD, MAVOR 1'1111 J()~SON, Vll!: IvI/WOR HoYl HAMil TON, (OUNUL\I, \1I1I1l * JOltN Do!<'\!', CUU"C[L\l~'IlH-R CARliN A Pili R',f>, (UI[NUI"\lI-\IH~R 'T\)1]AI [Ml'l OYMI "r AND AI ~]l\M,\ IIVI AUla" L \11'1 OT1 R . f LL r'J 1;( ~'tltarwater I-- I I ""-.-- If ~ -... ~ U 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: R, rH ~d<- FAX: 77':1- f?rr Phone: FROM: /14" ;r~ /~#u I r!J Phone: r-C 2 - Y' J' 3 , DATE: ! -- J - 6 r SUBJECT: P4~, 'f -- () 9' 67 ::c L/? 3 /1t~dy Av~ MESSAGE: '1 elL" 4~~ d'~ JI'7-yori- ;~~~~OA~ ~ ~15:-tv~.a- ~ NUMBER OF PAGES(INCLUDING THIS PAGE) .J CDB Meetmg Date Case Number Agenda Item Owner/ApplIcant. RepresentatIve: Address January 18. 2005 FLD2004-09072 E6 BlE. lnc Keith Zavak. P .E 483 Mandalav A venue CITY OF CLEARWATER PLANNING DEPARTMENT STAFF REPORT UPDATE: This agenda Item IS requested by staff to be contInued to the February 15, 2005 Comrnumty Development Board meetmg to conSider reVised plan matenals and a Transfer of Development RIghts (TDR) application. The revised plan matenals Will mclude reVISions to show adequate vemcular turn movements and to address City of Clearwater staff comments. GENERAL INFORMATION: REQUEST: Flexible Development approval to permit a mixed use (parkmg garage and attached dwellIngs in conjunction With eXIsting retail sales) WIth a reduction to the front (east) setback from 25 feet to 4.77 feet (to bUlldmg). a reduction to the side (north) setback from 10 feet to 2 91 feet (to buildIng), reductIons to the SIde (south) set- back from 10 feet to zero feet (to dumpster enclosure), from 10 feet to 1.74 feet (to pavement) and from 10 feet to two feet (to buIld- Ing). a reductIOn to the rear (west) setback from 20 feet to 289 feet (to buIlding) and to mcrease the buildmg heIght from 35 feet to 70 feet (to roof deck) With an addItional four feet for penmeter para- pets (from roof deck) and an addJtiona116 feet for rooftop pavIlion (from roof deck), as a ComprehenSive Infill Redevelopment Pro- Ject, under the proVISIons of Section 2-803 C . and to reduce the foundatIon landscapmg along POInsettia Avenue from five feet to 4.77 feet, as a ComprehensIve Landscape Program under the proVI- SIons of SectIOn 3 -1202. G EXISTING ZONINGI LAND USE: Tounst (T) DIstnct, Resort FaCIlities High (RFH) Category PROPERTY SIZE: 1 68 acres; 73.379 square feet PROPERTY USE: Current Use Surface park:mg lot and retaIl sales Staff Report - Connnumty Development Board - January 18. 2005 - Case FLD20Q4-09072 Page 1 of2 Proposed Use. MLXed use (parkmg garage and attached dwellmgs III conjunction WIth eXIstmg retail sales) ADJACENT ZONINGI LAND USES: North Tourist DIstrIct, Restaurant East Tourist DiStrIct, Retail sales overmght accommodations South: Tounst DiStrIct, RetaIl sales West Tounst DIStrIct, Retail sales CHARACTER OF THE IMMEDIATE VICINITY: RetaIl sales and servIces, restaurants and overmght accommodatIons dommate thiS area of Clearwater Beach Prepared by Planrung Department Staff' /#If ~ #1.. ~ Michael H Reynolds, AICP Planner ill S \PlaMUlg Department\C D BIFLEX (FLD) \Pendmg cases\Up for the next CDB1Manda/ny 483 Pelican Walk Garage (T) Wanda/ay 483 Contmuance Staff Report for / /8 05 CDB doc Staff Report - Commumty Development Board - January 18, 2005 - Case FLD2004-09072 Page 2 of2 .~ -~Pt\~ A~''- ~~ 5~,\L, J\ SC":I.. - --==- - ~~ ..~~ =- 1 ~~~~.~~~ ' ~~~ CITY OF CLEARWATER POST OFfICE Box 4748, CLEARWATER, FLORIDA 33758-4748 TELFPHONE (727) 562-4750 FAX (727) 562-4755 PuBliC WORKS ADMINISTRATION February 2, 2005 Mr Keith Zayac, P E Keith Zayac & Associates, lnc 701 Enterprise Road East, SUite 404 Safety Harbor, Florida 34695 Re Pelican Walk Parking Garage Dear Keith This letter IS to provide comments on the latest submittal from Walker Parking made by fax yesterday City staff and our consultant, Jim Ebert, have reviewed this submittal and It stili does not address the fundamental concern with the residentIal garage entrance The locatron and orientation of the stairwell continues to create a situation where entering traffic must make a sharp nght turn WhiCh, If not executed perfectly. forces them Into the oncoming traffic lane coming down the ramp It IS the City's as well as our consultant's, opinion that this IS an unacceptable unsafe condition It IS my understanding that suggestions have been made previously on Ideas to address this concern These Included relocating the stairwell or turning It ninety degrees For some reason It appears these were never conSidered Today we also discussed the POSSibility of "flipping" the garage and putting the reSident entrance at the north and the public entrance at the south The ramp could be SWitched to go up from north to south, rather than south to north as It currently does, eliminating the conflict City staff IS committed to workmg with your design team to arrive at a satisfactory solutIon which Will prOVIde a parking garage safe for both the public and the condominIUm reSidents, however, we cannot recommend proceeding with the current design Enclosed IS a letter from Jim Ebert relteratmg these concerns, plus a chronology of the plan reView process showmg when these concerns were given to your design team If you have any questions or need additional Information, please call me at 562-4743 s~~ Michael D QUillen, P E Engineering Director cc Bill Horne. City Manager Mahshld Arasteh, Public Works Administrator Cyndl Tarapam, Planning DIrector Scott Rice, Land Development Engineering Manager Wayne Wells, Planner fRANK HmOARD, i\1AYOR Bill )ONSOI\, VIl[ NL\YOR HoYT Hfiu\lll roN, COUNUI},JFMBFR * JOHr" DORAN, COllI'-CIL\I~MBtR CAlli FN A PLi'lIeFI'-, COUNCII.MFMBloR "[QUAI EMPI OYM~ N"J AND AI f1RMA TIVF ACTIO"" EM PI OYf R" " Ti E NGI N E EkS \ kC1l11 EeTS I' Q rip ng f' I a nn I n g .& [)ep g n February 2, 2005 Mr Michael QUillen, P E City of Clearwater Engmeenng Department POBox 4748 Clearwater, FL 33758-4748 RE. Pelican Walk Garage Dear Mr QUIllen Over the past several months I have been reviewing the proposed parkrng garage schematic layouts prepared by Spencer ArchItects ThiS IS per Timothy Haahs and Associates, Inc's scope of services for the City of Clearwater I have repeatedly raised the question of a potentially dangerous condition that eXists at the entry and eXit lanes at the southeast corner of the garage, specifically · Entenng drivers WIll be forced to make a sharp fight turn after passrng through the entry lane gate, and If the tur n IS not perfect! y made, they a re forced I nto the opposite ( left hand) lane of traffIC coming southbound dow n the ramp from above · AdditIonally at thiS locatIon, there IS a solid wall (stanway) that blocks the enterrng driver's line of Sight for the aforementioned down bound traffiC · ThiS wall also blocks the line of Sight for down bound drivers to see entenng, oncoming traffic In several conversations With the Parking Consultant, thiS condition was discussed, and It was agreed by both of us that the above created a "less than satisfactory" layout A reVised layout by the Parking Consultant was later presented whIch attempted to mitigate these conditions, however .n the opinion of the wnter, an unsatIsfactory, perhaps even dangerous, condition stili remains The entry geometry and Visual driVing conditions must be corrected Upon further review of these reVISions, I Will again adVise the City of my opinion Very truly yours, Z7 . ~r~ ~ E Jar6d Ebe~, P E Executive Vice PreSident 550 Township L~ne Road SUite 100 Blue Bell, PA 19422 Phone 484 342 0200 Fax 484 342 0222 '.wlWllmhaahs com " Pelican Walk Parking Garage and Attached Multi-family Residential Units 483 Mandalay Avenue; FLD2004-090nrrDR2005-01015 Timeline of Key Dates Event Date . E-mall from LIsa FIerce, advlSlng staff of desIgn of project 5-24~04 to add 37 resIdential condommmm umts to the project, and that the Council would be dlscussmg the project A constructIOn deadlme of 3-31-05 IS anticipated · Mcctmg wIth applIcant and CIty Plannmg and Engmeenng 6-16~04 staff City staff IS told of four levels of resIdential and 37 condommIUm umts as part of the structure Staff told by apphcant that a plan/apphcatlOn foubmlttal wIll be made In July (by 7-29-04) for a DRC meetmg on 9-9-04 · E-mail from LIsa FIerce to Steve Spencer as a summary of 6-24-04 pomts dIscussed at a meetmg wIth staff on the same day The summary covered deSIgn aspects and mcluded a denSIty calculatIOn With a maximum of24 dwellmg umts for the sIte · Application and plans received for a parking garage and 28 9-29-04 residential units (two months later than the time of receipt that City staff was told to expect on 6-16-04). DRC date to determme sufficlency IS 11-12-04 · E-maIl from Cyndl Tarapam to Sue PhIllIps, Demse Wl)'wn, 10-27-04 Pam Akm, and other CIty staff, mdlcatmg SIX pomts of msufficlency but that It wa<; pO~folble for the applIcant to make applIcatIOn and plan reVISIons to address msufficIency comments for a December 2,2004 ORC meetmg · ORC Meetmg Applicant told that staff comments needed to 11-12-04 be addressed and that the proposal would -aeain be considered bv the DRC on 12-2-04. savine the applicant three weeks of what would be reeular scheduline: - placement on the 12-23-04 DRC meetine (rescheduled to 12-30-04). The DRC comments included a Traffic Eneineering comment "Demonstrate that column locations provide adequate turnin!! radius to accommodate all vehicular mobility without encroaching into other traffic." · E-mail to Keith Zayac - When it was determined that the 11/19/04 City's JJarkim! consultant had not reviewed the plans submitted for DRC review. E-mail sent inQuirinl!. if plans had as yet been submitted to Jim Ebert (City's traffic consultant for this proiect). . Email to Keith Zayac reiteratinl!. the requirement that 11/24/05 AU plans must be reviewed and approved by our consultant prior to submittal to the ORe. . DRC Meetmg RevIslOns reviewed ApplIcant told that plans 12-02-04 and applIcatIon need further work A resubmlttal deadlIne of 12-08-04 IS given Included same comment as in 11/12/04 rel!.ardinl!. vehicle turDiD!! movements and requested that vehicle movements paths be added to drawin!!s to demonstrate safe turDm!! movements. . Revl~Ion~ are received DRC staff gIven untIl 12-14-04 to 12-08-04 reVIew the revised matenal These revisions resulted in the followine comment "The vehicle path shown on Sheet A1.l indicates vehicles startin!! to turD prior to the card reader and encroachine into the lane for traffic travclinl! down the ramp. This is a problem for safe operation of the !!araee and must be addressed prior to COB." . Email from Jim Ebert (City Parkin!! Consultant) to Jerrv 12/1 0104 Koski (Owner Parkine Consultant) reiteratine the 12/8/04 comment from us and statioe "There is no sieht trian1de as the stair blocks the vision - both ways". · Development RCVICW Manager makes declSlon to 12-17 -04 place Pehcan Walk on the January 18, 2005 CDB agenda to meet agenda fihng deadhne and because It wa<; belIeved by staff as posslble for the applIcant to dddress staff concerns wlthm a short turnaround hme · Updated City stafT comments are faxed to KeIth Zayak 12-20-04 . Steve Spencer and KeIth Zayak meet WIth MIke 12-29-04 Reynolds to reVlew staff comments Mlke Reynolds asks applIcant representatIves how the attachcd umt count of "28" was proposed, when denSity by code only allows 24 umts for the site ApplIcant responds by statmg that a Transfer of Development RIghts (TOR) was already estabhshed for thl5. site and refers to past eommumcatlOns WIth other CIty staff Mlke Reynolds ,. states that no TDR applIcatIon was ever filed for the site, and that a TOR applicatIOn will need to be notIced to the publIc, as an agenda Item ApplIcants gIven untIl I-I 0-05 to file a TOR applIcatIOn and to stIll address staff comments mostly pertammg to vehicular tummg movements wlthm the parkmg garage The January 1 0 deadline date was given for contmuance to the 2-15-05 CDB meetmg agenda . ApplicatIon/pian revisions and TDR application received 1- I 0-05 . Submittal found not acceptable by staff TDR applIcatIOn 1-11 ~05 1S mcomplete and vehIcular traffic deSign remams flawed Mike Reynolds and Scott Rice meet with project agent Keith Zayak. Staff concerns ree:ardinl! resident entrance al!ain discussed in this meetinl!. Mike Reynolds and Scott Rice bnef CyndI Tarapam on the status of the apphcatlOn to date Cyndl Tarapam supports gtvmg the applIcant an add1ttonal day to address the concerns (that If concerns are addressed the applicant can contmue to the 2-15-05 COB meetmg) . Applicant given one additional day to submit acceptable revisions and documentation. . Applicant submIts plan reVISIOns and TDR appltcatIOn documentatJ on . Staff completes review of applIcant's submIttal . Mike Reynolds, Scott RIce, Chip Gerlock, and CyndI Tarapam meet to reVIew apphcahon statu~ It IS determmed that the project IS mcomplete due to an mcomplete TDR applt(..ahon (no sealed survey for the sender sIte) In addItIon, the staff remams concerned With a dangerous parking garage vehicular movement design. The applicant's agent, Keith Zayak, is notified bye-mail that City staff will request that the CDB contmue the FleXIble Development and Transfer of Development RIghts (TDR) apphcatlOns to a date uncertam for the aforementlOned reason 1-11-05 1-12-05 1~13-05 1-14-05 c" · The Commumty Development Board contmues the project 1-18-05 to a date uncertam · Conference call includine: Tracev Bruch. Paul Bertels. 1-20-05 Scott Rice. Jim Ebert and Jerry Koski. Problems with the resident entrance were thoroue:hlv discussed potential solutIOns were: 1) Movine or tumine staircase to increase sight distances and/or 2) redesiming entrance to provide additional turning radius. · Staff (MIke Reynolds, Scott RIce, and Wayne Welb) meet 1-21-05 WIth the apphcant (Louts Anastasopoulos, John Pralb, KeIth Zayak, Steve Spencer, and Jerry Koski) regardmg changes necessary m order to be placed on the next avaIlable CDB - agenda (anttclpated to be 3 -15-05) The appltcant IS told that 2-3-05 IS the submIttal deadlme for the March 2005 CDB meetmg At this meeting Jerry Koski claimed that the entrance was adequately desil!Jled although he agreed with the chanl!es proposed in the previous day telephone call. Steve Spencer was adamant that the stair case could not be modified. Applicant ae:reed to redesie:D entrance and fax to us for preliminary approval. · Fax from Jerry Koski with revised entrance desien. This desil!n still results in vehicles encroachine into the oncominl! lane at the resident entrance and includes flexible bollards that result in obstructions for vehicles not turnine: rIeht. lI2t/05 . Email to Steve Spencer and Keith Zayac identifVIDe our continued concerns with the safety of the resident entrance. (See 1121/05) concerns.) 1/28/05 · Fax from Jerrv Koski with a redesil!ncd entrance that Provides lust enoueh maneuverinl! room to complete a turn from the entrance up the ramp. There is little room for error bv the driver of an averal!C vchicle without encroachine: into the oncominl! lane 1/31/05 u 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: /tj-~ /ltdrc(-?(' c1r I(e~ ~dC FAX: 79J- fl'rr Phone: FROM: /l1//r€. f('yA./\/ dr DATE: I - ~ - 6 )" SUBJECT: Phone: H'z -l.f P Jb MESSAGE: L.r.,-'Y"/L.A1 .en(//~ L Iht-v'./ &~ /I"'ZJ 7' r~ ~/ll,,~d"'1 nv--~ ~ P'4--dJe 4~ ~ ~ r~"A n..r ~-R ,/.7.6'/J~ !/Vd 1< <;'1/" ,..-.r; / . ,.lJt ~f. R 9'n>v-- NUMBER OF PAGES(lNCLUDING THIS PAGE) y o Planning and Development Services 100 South Myrtle Avenue Clearwater, Flonda 33756 Telephone 727-562~567 Fax 727-562-4576 CI-- ,#: DATE RECEIVED' RECEIVED BY (staff Initials). ATLAS PAGE # ZONING DISTRICT LAND USE CLASSIFICATION I ~ Clearwater o SUBMIT ORIGINAL SIGNED AND NnTARIZFD APPLICA nON ZONING & LAND USE CLASSIFICATION OF ADJACENT PROPERTIES' NORTH I SOUTH I WEST I EAST, I o SUBMIT 1 COPY OF THE ORiGINAL APPLICATION mcludmg folded site plan COMPREHENSIVE LANDSCAPE PROGRAM REQUIREMENTS (Revbe4 '11912001) D. APPLICANT, PROPERTY OWNER AND AGENT INFORMATION: (Code Section 4~1001) APPLICANT NAME MAlUNG ADDRESS' PHONE NUMBER' FAX NUMBER PROPERTY OWNER(S): (Must Include ALL owners) AGENT NAME (Contact Person) MAILING ADDRESS PHONE NUMBER: FAX NUMBER: The landscaping requirements of Article 3 Division 12 may be waived or modified as a part of a Level One or Level Two Approval, as the case may be, if the application for development approval includes a Comprehensive Landscape Program, which satisfies the following criteria. The use of landscape plans; sections/elevations, renderings and perspectives may be necessary as supplementary information in addition to the information provided on this worksheet: 1 Architectural Theme a The landscaping In a Comprehensive Landscape Program shall be deSigned as a part of the architectural theme of the pnnclpal buildings proposed or developed on the parcel proposed for the development OR b The design, character, location and/or matenals of the landscape treatment proposed In the Comprehensive Landscape Program shall be demonstrably more attractive than landscaping otherwise permitted on the parcel proposed for development under the minimum landscape standards 2 Lighting Any lighting proposed as a part of a Comprehensive Landscape Program IS automatically controlled so that the lighting IS turned off when the business IS closed 3 Community Character The landscape treatment proposed In the Comprehensive Landscape Program will enhance the community character of the City of Clearwater P J(je 2 01 3 4 Property Values The Jandsca, aatment proposed In the Comprehenslv ldscape Program will have a beneficial Impact on the value of the property In the ImmedIate vIcinity of the pal....d proposed for development 5 Special Area or Scenic COrridor Plan The landscape treatment proposed In the Comprehensive Landscape Program IS consistent with any special area or scenic corndor plan which the City of ClealWater has prepared and adopted for the area In which the parcel proposed for development IS located Please return checklist for review and verification 6 That (I/we), the underSigned authority, hereby certify that the foregoing IS true and correct Property Owner Property Owner ST ATE OF FLORIDA, COUNTY OF PINELLAS Before me the underSigned, an officer duly commissioned by the laws of the State of Flonda, on thiS , personally appeared Deposes and says that he/she fully understands the contents of the affidaVit that he/she Signed day of who havmg been first duly sworn My CommisSion ExpIres Notary Public S apphcatlon forms/development review/comprehensive landscape program application doc P 3<;,8 '~ of 3 , , ,.,- l' LL ,r I, "~d"l' I :1,,' i I ~ IIII ~ O _I ~ I r:fI /....11111~ 1"'1': .r ;L.~;j.. ~I , "~'I ll!~' -, "1 r~~ !' , :farwater I-- - ""- I " ' u FAX COVER MEMO TO: CITY OF CLEARWATER PLANNING DEPARTMENT 100 S. MYRTLE AVE., 2nd Floor CLEARWATER, FL 33756 (727) 562-4567 FAX: (727) 562-4865 !l4,U ~d 7~:3 --- 9?rr FAX: Phone: FROM: fit/I(a ~P1<:> I drf Phone: Jb;L - t../? J k - DATE: /:;1.... M-D f./ SUBJECT: ~ 200lF' - () f'D7 1- y/J h M/~L.I-y' A-,/~ MESSAGE: (Oft. ~ ~ ~ k/Ltf' c..o/lt'i1~_ NUMBER OF PAGES (INCLUDING THIS PAGE) r Reyl.lolds. Mike From Sent To Cc Subject' " , Rice, Scott Thursday, December 16, 2004 930 AM Reynolds, Mike Bruch, Tracey, QUillen, Michael FLD2004-09072 - 483 Mandalay Avenue - Pelican Walk Mike, Englneenng has completed revIew of the resubmlttal for the subject application The conflict between vehicles entenng the garage at the resident entrance and vehicles traveling down the ramp has not been resolved The follOWing Traffic comment has been added to Permit Plan "The vehicle path shown on Sheet A1 1 indicates entenng vehicles starting to turn pnor to the card reader and encroaching Into the lane for traffic traveling down the ramp ThIS IS a problem for safe operahon of the garage and must be addressed prior to COB" ThiS Issue must be resolved before the project can go to COB D. Scott Rice Land Devel. Engr. Manager 727-562-4781 scott.rice@MyCleatwater.com m--Onglnal Message----- From: Reynolds, Mike Sent: Thursday, December 09,2004620 PM To: DRC Dlstnbubon List, DRC Members Ce' Watkins, Sherry Subject: ORC Resubmlttals (from the December 2, 2004 DRC Meeting) DRC Members, Plans for the follOWing cases have been resubmitted for the 1/18/05 CDS meeting 1 FLD2004-09072, 483 Mandalay Avenue, 2 FLD2004~10075, 21557 US HWY 19, Pelican Walk Drew Street Retail Center I have placed one copy of the case resubmlttal package on the cabmets outSide of Room 216 In our office for your review (please do not take It, as we need It for the COB mall out) Please review your comments/conditions for thIS case In Permit Plan and determine if they are met. Whether the condItions are "met" or stili "not met," please affirm to me via emall Please have these cases reviewed, If pOSSible by 400 pm on Tuesday, December 14, 2004 Thank you Mike Reynolds, AICP Planning Department 1 Conditions Associated With FLD2004-09072 483 MANDALAY AVE landscape 11/23/2004 Arden Dittmer 562~4604 no Issues Not Met land Resource Condition Rick Albee 562-4741 10/22/2004 11/18/04-Palm removals equate to 1" only, replacements also equate to 1" only Revise prior to Not Met BUlldmg Permit 10/22/04-Revlse tree removal calculations, all trees rated 2 or below do not require replacements and all palm trees are replaced at one Inch each ProvIde prior to bUlldmg permit Parks & Recs Condition Initials MIssing Initials MIssing 12/14/2004 Open Space and Recreation Impact fees are due prior to Issuance of bUilding permits or final plat Not Met (If applicable) whichever occurs first These fees could be substantial and It IS recommended that you contact Deb RIchter at 727-562-4817 to calculate the assessment Solid Waste Service 12/01/2004 Initials MISSing Initials MISSing Not Met Enclosure not to Spc Explain how condo units will dispose of trash, how will they recycle, Show how eXlstmg retaIl Will dispose of Solid Waste and Recycling 12-01-04 Is the "roll-out Dumpster" on the South Side a compactor? It IS unclear If not there IS Inadquate service TraffiC Eng Condition Bennett Elbo 562-4775 10/27/2004 1 Parking garage deSign on cIvIl plans and architectural plans do not match MET Not Met 2 All parking spaces and dnve aisles must meet current city standards I e for a 90 degree parking stall It must meet minimum dimenSions of 9' Wide by 19'Iong with a 24' Wide drive aisle 185' DIMENSION AS SHOWN ON THE SITE PLAN IS ACCEPTABLE WITH THE CITY ENGINEER 10/28/2004 - PROVIDE DIMENSIONS FOR PARKING STALLS ON FLOORS 2-3-4 12/1/04- SHEET A1 1 INDICATES STALL DEPTH 17 5', BUT SHEET A1 3 SHOWS 18 5' TYPICAL, PLEASE CLARIFY 3 All disabled parking stalls must comply With current city standards (Width, accessible aisle and columns In aisle) MET 4 PrOVide a detail of the disabled parking stall and Sign SEE COMMENT #2 FINE AMOUNT IS INCORRECT - SHOULD BE $255 12/16/04 - met 5 All disabled parkmg stalls must be strategically located close to an accessible entrance MET 6 All levels of parkmg must meet reqUired A D A height clearance (8' ~ 2) for handicap vans MET 7 Show accessible path from parkmg garage to connect retail bUlldlng,condo and public Sidewalks NEED ACCESSIBLE PATH FROM GARAGE TO SIDEWALK ALONG POINSETTA STREET 12/16/04 - thiS Will reqUire additional review at bUilding permit 8 General Note Garage supports such as walls and columns must not Intrude Within parkmg stall dimenSions (Community Development Code Section 3~1402) ACKNOWLEDGED 9 General Note Garage supports such as walls must not Impede driver's Sight VISibility when backing out of parkmg space (Community Development Code Section 3~1402) ACKNOWLEDGED 10 Columns must not Intrude Into the disabled parkmg access 8lsle Chapter 11 Flonda BUilding Accesslblhty Code, Section 11-463 MET 11 Demonstrate that column locations prOVide adequate turning radIUS to accommodate all vehicular moblllty Without encroach Ing Into other traffiC VE H I CLE PATHS NOT CONTI N UO US RIGHT TURN ONTO RAMP AT SOUTHWEST CORNER OF GARAGE DOES NOT APPEAR TO SA TI SFY TH IS CON D ITI 0 N 12/16/04 ~ The vehIcle path shown on Sheet A 1 1 Indicates vehicles startmg to turn prior to the card reader and encroacmg Into the lane for traffiC traveling down the CaseCondltons Print Date 12/20/2004 Page 1 of 3 FLD2004-09072 483 MANDALAY AVE Traffic Eng Condition Bennett Elba 562-4775 ramp This IS a problem for safe operatIon of the garage and must be addressed pnor to CDS 12 Show location of parking ticket dlspenser(s) MET 13 Show stacking for 1 8' vehicle with 2' gap between vehicles entering the parking garage at the ticket dIspenser at all entrances Stacking for a minimum of two vehicles at the main entrance and one at the condominium entrance MET 14 Sight vIsibility triangles are not dIsplayed correctly Please refer to the community development code for correct placement Page CD330 MET 15 Remove bUilding structures such as walls that are within the sight vlslbllty triangles or re-deslgn bUilding wall where motonst's line of sight IS not obstructed THUS MUST BE INCLUDED IN REQUEST 16 Paint stop bar and the word "stop" at the bottom of ramp located near the condominium's driveway MET All of the above to be addressed prior to CDS TraffiC Impact Fees to be determined and paid prior to CO Prior to bUilding permit 1 Show lighting and drainage plan Zoning Condition Mike Reynolds 562-4836 10/26/2004 How many parking spaces are dedicated to the residential component of the sIte? Not Met State thiS Information wIthin the site data table Update (11-28-04) ThiS Item IS stili not addressed Please provide the Information within the site data table Also explain the difference between reSident parking and reSIdent accessible (see Sheet A1 1) Update (12-9-04) Explarn the difference between res Ident parkmg and reSident accessl ble (see Sheet A 1 1) 10/26/2004 Improve the clanty of the location map Update (11-28-04) ThiS comment IS stili not addressed Not Met Update (12-9-04) ThiS comment IS stili not addressed 1012612004 Improve the Index sheet (expand It to rnclude parking level sheets) Update (11~2a-04) ThiS Not Met comment IS stili not addressed The Index sheet should account for all sheets Within the site plan and architectural plans set Update (12-9-04) ProvIde an mdex sheet for the architectural plans 10/2612004 At rooftop level (see roof plan drawmg), show the pool, deck, and recreational area In detail Not Met Update (11-28-04) ThiS com ment IS stIli not add ressed W here IS the walkway to the pool? Are the roof top pavlhons connected to the pool by a walkway? 1 0/2612004 label the access Islands at level one With In the garage Update (11-28-04) ThiS comment IS stili Not Met not addressed 10/2612004 1 0/2612004 10/27/2004 10/27/2004 1210112004 label parkmg space dImenSions (typlcals) per floor Update (11-28-04) ThiS comment IS stIli not Not Met addressed Parking space Width needs to be labeled If parking space dimenSion typlcals are for all parking levels, state as a plan note on sheet A1 3 Update (12-13-04) ThiS IS sbll not addressed, even though the applicant's letter of transmittal Indicates such label and show all pedestnan ways With In the garage (each level) Update (11-28-04) Th IS Not Met comment IS stili not addressed Update (12-13-04) ThiS comment IS stili not addressed The project as submitted makes It difficult to determme If It IS consistent With Beach by Design Not Met Update (11-28~04) ThiS comment IS stili not addressed ProVide a summary as to how the project design IS conSistent With Beach by DesIgn The garage floor plans need to show maneuvenng space (typlcals by floor) With dimenSional Not Met arrows, labeled In linear feet Update (11-28-04) Th IS com ment IS stili not addressed Only level three shows thiS detaIl Update (12-13-04) ThiS comment IS stili not addressed Site Plan Sheet C-4 IndIcates 74 parking spaces on the Ground level There appear to be 72 Not Met spaces shown for thiS level on the site plan drawmg (same sheet) Please check thiS Update CaseCondltons Print Date 1212012004 Page 2 of 3 FLD2004-09072 483 MANDALAY AVE Zoning Condition Mike Reynolds 562-4836 (12-13-04) Counting the spaces on Plan Sheet C-4 results In a total of 72 parking spaces Please correct the number of spaces as stated In Plan Note # 14 (presently reads 74) or correct the drawing showing the Ground Level (Sheet C-4) 12/01/2004 See Beach by Design, Design GUIdelines, B Height, Item number 3, address the f100rplate limit 12/01/2004 12/01/2004 12/01/2004 12/01/2004 12/01/2004 12/20/2004 12/20/2004 Not Met See Beach by Design, Design GUidelines, C Desrgn, Scale and Mass of BUildings, Item number Not Met 2 , address the uninterrupted bUilding plane limit for the west and east elevations and adjust the design See Beach by Design, DesIgn GUidelines, C Design, Scale and Mass of BUildings, Item number Not Met 3, address the windows or archltectural decorations minimum for the north and south elevations and adjust the design See Beach by Design, Design GUidelines, C Design, Scale and Mass of BUildings, Item number Not Met 4, show, by a drawing, how the 60 percent of maximum bUilding envelope limit on occupancy by a bUilding IS met See Beach by Design, Design GUidelines, D Setbacks, Item number 1 , conSider a 10 foot wIde Not Met sidewalk along POinsettia Street, with the exception to the stop bar and VISibility tnangle areas See Plan Sheet P5 Label the feature that IS to the fight or north of the garage entrance and Not Met column Update (12-13-04) Stili not addressed to date There IS a discrepancy between the site plan and the application form (Attachment A) as to Not Met bUilding height Site Plan 84 feet, 9 Inches, Application 92 feet, 10 Inches Edit the application request to read FleXible Development approval to permIt a mixed use Not Met (parking garage and attached dwellings In conJunctlon with eXisting retail sales) with a reduction to the front (east) setback from 25 feet to 477 feet (to bUilding), a reduction to the side (north) setback from 10 feet to 2 91 feet (to bUilding), reductions to the side (south) setback from 10 feet to zero feet (to dumpster enclosure), from 10 feet to 1 74 feet (to pavement) and from 10 feet to two feet (to bUilding), a reduction to the rear (west) setback from 20 feet to 2 89 feet (to bUilding) and to Increase the bUilding heIght from 35 feet to 70 feet (to roof deck) with an additional four feet for penmeter parapets (from roof deck) and an additional 16 feet for rooftop paVIlion (from roof deck), as a Comprehensive Inflll Redevelopment ProJect, under the provIsions of Section 2-803 C , and to reduce the foundation landscaping along POinsettia Avenue from five feet to 4 77 feet, as a ComprehenSive Landscape Program under the provISions of Section 3-1202 G CaseCondltons Pnnt Date 12/20/2004 Page 3 of 3 , Keith Zayac & Associates" Inc. CIVIl Engmeenng, Landscape Architecture, Plannmg 70 I EnterprISe Road E , Ste 404 Safety Harbor, FL 34695 (727) 793-9888 Phone (727) 793-9855 Fax kelth@kelthzavac com December 7, 2004 Mr Michael Reynolds, AICP City of Clearwater 100 S Myrtle A venue Clearwater, Flonda 33756 ORIG1NAL IRECE~VED DEe 0 B 2004 Re: FLD 2004-03018: Pelican Walk Parking Garage PLANNING DEPARTME!\lT CITY OF CLEARWAT[~R Dear Mr Reynolds Enclosed you wIll find 15 sets ofrevlsed plans and attachments mcludmg the followmg changes General Engineering 1 The archltectural drawings and civil drawings do not match The architectural plan and civil plans have been coordinated. 2 The archllectural drawmgs, Sheet All, shows 353 parking spaces provIded and the CIVIl plans show 353 The architectural plan and civil plans have been coordinated. 3. The architectural plans show two gated mgress/egress drIve alsles whzle the CIVIl plans only show the most northerly mgress/egress havmg a control gate The Civil plans on sheet C4 shows two gated entrances One IS for resIdents to enter into the parkmg garage The other entrance IS for all other traffic. 4 The architectural drawmgs show sldewallG leadmgfrom stalr tower to curb, whIle the CIvil drawmgs show sidewalk bemg extended to ba(k-af-sldewalk. DeSIgn should not encourage mid-block crossmgs due to safety rea.5>ons Walker Parking plans have been revised to correspond with the Civil plans. 5. The archllectural plans show columns bemg (onstructed wIthm drive alsles and parlang spaces The plans have been revised so that parking spaces are not located within building columns. 6 Where do SerVlLe and dehvery vehlcles park'! On sheet C4, a loading zone located off of Poinsettia Street. The loading zone will have a sign stating, "No Parking" 7 Show how the reSidents access the rooftop pool and all relatedfunctwns around the pool Tenants will be able to access the roof top amenities either by using the elevators or stairs. . ORIGINAL 8 Exhlba "C" (10)(B) states the floor plates above 42ft are 28,200 sq ft which does not meet design altena Please see exhibits attached to the submittal application. 9 ExhibIt "e" (lO)(D) states that setbacks along local street.\ .should be 12ft and the proposed structure IS only 5 fi from the rzght-ol-way of POinsettia St A variance will be applied for on the reduction. 10 The architectural plans Sheet P J shows the watersIde balcony extendmg approxImately 36 fi beyond the exterlOr wall wh,le a dimensIOnal note for the waterSIde balcony IS 10'x30' Please see revised sheet PI-the notes have been corrected, the open deck occurs on the 1st living level only. 11. Need to verifY where the existmg 6" clay pipe runs through the south end of the property It serves The existing 6" clay pipe continues to service the properties south of the proposed parking garage. Refer to sheet C5 for sanitary sewer route. 12_ Need to show to where the eXlstmg grease traps are bemg relocated The grease traps located on-site, are proposed to remain in their existing location and will continue to service the restaurants. Please refer to sheets C3 and C5. Vehicles will gain access through tbe existing pavement under the proposed parking garage. 13 The eXisting gas meters may need to be relocated at the apphcant's expense Note number 9 on sbeet CS was added to tbe plans and states, "Existing gas meter to be relocated at owner's expense." 14. The eXlstmg bacliflow devlce(s) will have to be relocated outside the bUlldmg envelope and stay wlthm the boundarzes of thIS property ownership The existing backflow devices are proposed to remain in tbeir current location, since they are under an overbang. The backflow preventer along Poinsettia is to be relocated at owners expense. 15. The proposed stop SIgnS appear to be behmd walls of the parkmg garage The RI-l stop sign locations are revised to be mounted on tbe wall before existmg tbe garage. 16 Need to Install the F D C on przvate property and meet Fzre Department's requirements On sheet C5, the FDC connection will be installed at the northwest corner of the property 15 feet away from the building and located 40 feet within a fire hydrant. 17. Need to proVIde enoughfire hydrant assemblles along all rzghts-ol-way to meet Fzre Department's reqUlrements 00 sheet C5, installation of three fire hydrants are proposed to be installed and located off of Poiosetta Street. 18. The eXlstmg fire hydrant assembly south of the stru( lure IS shown on the west sIde of POlnsettlO Street whIle the Cay's atlas show.s It on the east SIde Engmeer to verifY locatwn and show the dIstance from the property The existing fire hydrant from the west side of Poinsetta Street is removed. 19 The dvtl plans :>.how a 25 ft +/-dumpster stagmg area/access ramp/parkmg spaces Need to create a much smaller stagmg area /lke the architectural drm;r~gS"sJ'olfiE nVlE D The staging area has been reVIsed to match the archItectural plans ~ fC ~ b U rb DEe 0 8 2004 PLANNING DEPARTMENT CITY OF CLEARWATER 22. 23 24 , 25 26 . ORIGI~~AL 20 How do the empty dumpsters rotate m and out of condomlmum trash enclosures? Roll-out dumpsten will be on wheels Provide de ta tI for samtmy connectIOn at south end of butldmg to provide contmuou~ samtary sewer service to propertIes lymg south of this project It is proposed to remove the existing sanitary service through the project site only. The existing manholes will remain and continue to service properties located north and south of the subject property. The new sanitary line will be constructed prior to abandonment of the existing line per the additional note on the utility plan. ProVIde detatls of proposed water and samtary connectIons The building will use existing sanitary and sewer connections already on site. Refer to sheet CS for details. On Sheet C.5, what does the note "Cut and Repair" refer to? On sheet CS, the note which states, "Cut and Repair" has been changed to read "saw cut & replace existing asphalt". What IS the clear vertIcal heIght of the first floor above the relocated samtary Plpelme? Refer to the architectural plans for elevations. Proposed hydrant assembhes and fire lme to buzldmg cannot be connected to a reclaimed water pIpeline The hydrants have been revised to connect to the existing water line along Poinsettia. To comply WIth Beach by DeSIgn pubhc sIdewalks along Pomsettza shall be 10 feet wide The sidewalk has been revised to 10 feet wide where possible. 21 EnVironmental 1. No Issues Harbor Master Legal No Comments No Comments Land Resources Landscapmg 1 ReVise tree removal calculatIOns, all trees rated 2 or below do not reqUIre Replacements and all palm trees are replaced at one mch each Provide pnor to Buzlding permit On sheet L 7, the tree removal calculations have been revised to exclude all trees under 2" d.b.h. RfEC[E~V~D DEe 08 2004 PLANNING DEPARTMENT CITY OF CLEARWATER . URIGlf~AL 1 No Comments Parks and RecreatIOn 1 Open Space and RecreatIOn Impact fees are due pYlor to Issuance of buddmg perm lis or final plat (if applzcable) whIchever occurs first These fees could be substantial and It IS recommended that you contact Deb Richter at 727-562-4817 to calculate the assessment Storm water I. Are eXlstmg ponds and storm water system bezng modified? The proposed pond and storm water system is to remain intact without any change, except for the contractor to clean-out the storm system and regrade pond. 2 Place a note on the plans for the contraaor to regard pond and clean out eXlstmg structures if they are to remazn Please see note on sheet C5 number 19 which states, "Contractor shall regrade pond and and cleanout all the existing storm structures on-site." 3 D,rect all runoff from the garage to the pond These need to be addressed prIOr to CDB On sheet C5 note number 18 has been added and state, "All storm water run-off will be directed towards retention pond." Additional information regarding roof leaders and drainage patterns will be added prior to permitting. Solid Waste 1 Enclosure not to Spec Explazn how condo Units Will dispose of trash, how Will they recycle Show how eXlstzng retaIl WIll dispose of Solid Waste and Recyclzng Condo units will dispose oCtrash and recycling via the supplied trash chute. The existing retail will continue to use the existing method for disposing trash and recycling. Traffic Engmeenng 1 Parlang garage deSIgn on CIVIl plans and archItectural plans do not match The architectural plan and civil plans have been coordinated. 2 All parking spaces and dYlve Glsles must meet current cay standards 1 e for a 90 Degree parlang stall It must meet mimmum dImenSIOns of 9) WIde by 19 'long WIth a 24' Wide drzve Glsle MET - /85' DIMENSION AS SHOWN ON THE SITE PLAN IS ACCEPTABLE WITH THE CITY ENGINEER 10/28/2004 - PROVIDE DIMENSIONS FOR PARKiNG STALLS ON FLOORS 2-3-4 Dimensions shown on Al.3-type all levels 3 All disabled parlang stalls 'must comply with current City standard" (wIdth, acce ')Slb! e aisle and columns In azsle) ADA Standards. [REClE~V[ED DEe 08 2004 PLANNING DEPARTMENT ellY OF CLEARWATER . ORIGINAL / 4 ProVide a detad of the dIsabled parlang stall and SIgn Fine has been revised to $255. 5 All disabled parkmg stalls must be strategu..ally located close to an accessIble entrance ADA Standards. 6. All levels of parkmg must meet reqUIred A D A heIght clearance (8'-2) for handIcap vans All levels of parking meet the required A.D.A. height clearances for handicap vans, as illustrated on sheet P5-the floor to Ooor height for the 1 st parking level will be 14'-0" and the parking levels above will be 10'10". 7. Show accessIble path from parkmg garage to connect retall buddmg, condo and pubhc Mdewalks Done, only need walkway at levels 1 and 2 and 4. 8 General Note Garage supports ~uch as walls and columns must not Intrude wIthin parkmg stall dimensIOns (CommunIty Development Code SectIOn 3-1402) Please refer to Walker parking and Architectural Plans. 9. General Note Garage supports such as walls must not Impede drzver's sIght vlSlblllty when baclang out ofparlang space (Commumty Development Code SectIOn 3-1402) Answer Commet #8 10. Columns must not mtrude mto the dIsabled parlang access Qlsle Chapter 11 Flonda Buddmg Accesslblhty Code, SectIOn 11-4 63 See Comment #8 11. Demonstrate that column locatIOns prOVIde adequate turmng radius to accommodate all vehIcular mobibty wllhout encroachmg mto other traffic See revised DWG. Al.l and Al.2 12. Show locatIOn of parkmg tICket dlspenser(s) Please refer to Walker Parking Plans 13. Show stacia ng jor 18' vehIcle with 2 'gap between vehIcles entermg the parkmg garage at the tICket dispenser at all entrances Stackmgfor a mInimUm of two vehIcles at the mam entrance and one at the condominium entrance Done. 14. SIght vlSlbllzty trwngles are not dIsplayed correctly Please refer to the community development code for correct placement Page CD3 30 On sheet C4 the sight visibility triangles have been reconfigured and moved to the appropriate locations. 15 Remove buddmg structures such as walls that are wlthm the SIght vlslbllzty trzangles or re-deslgn burldmg wall where motorist's lme of SIght IS not obstructed A variance for the sight visibility trianglesis being requested. This has been added to request. 16. Paint stop bar and word "\top" at the bottom of ramp located near the condommlUm 's dnveway All the above to be addressed prior to CDB Done, Located at Bottom of all Ramps. REC[E~VED [R(EClE~VtD DEe 08 2004 IH- U L,,~t ~nl"'l("'" r,,"\rJ l;.- PLANNING DEPARTMENT CITY OF CLEARWATER , ,~ ",.... ~ ~~... . ru' r. 1 1:2! N '1 L I r\ I 011 M Planrung 1 How many parkmg spaces are dedIcated to the resldentwl component of the ~lte Please see the parking garage plans which delineate the residential parking spaces 2. Improve the clarzty of the locatIOn map Done 3. The szte plan should have the buddmg and It 's square footage The site plan notes have been revised to show the existing retail square footage and the proposed unit count. 4 Label all outdoor IIghtmg The note stating Outdoor lighting will be 1000 metal halide up-light fixtures has been added to the site plan. 5 Clearly show all eXlstmg and proposed accesses to thIS property The access points (both pedestrian and vehicular) are clearly shown on the site plan. 6 Improve the mdex sheet (expand It to mclude parkmg level sheets) Since the architectural and parking plans are prepared by separate consultants, those plans are stand alone and are not added to the signed and sealed civil plans. 7. Label the location of all easements On aU the civil plans the existing 15' alley is identified. 8 State the FAR, eXlstmg, proposed and requIred The required FAR of 1.0 has been added. 9 Address all cnterw wIthm the developments over one acre sectIOn of the applIcatlOn form The required information for developments over one acre is included within this package. 10 At rooftop level (see roofplan drawmg), show the pool, deck, and recreatlOnal area m detazl Please see revised roof plan which illustrates the swimming pool area and swimming pool deck area and it's boundaries with railings and short columns. 11 Label the access Islands at level one wIthm the garage See parking structure plans for this revision. 12. Label parkmg space dlmenslOns (typIcal) per floor See A].3 Type. All Levels. 13 Label and show all pedestnan ways withm the garage (each level) See revised parking garage plans. 14. Clearly show all RIghts of Way wlthm and adjacent to the sUe On sheet CS, all rigbts-of-ways adjacent to the subject site are shown. 15 The project as submltted makes It difjicultto determme if it IS conSistent wlth Beach by DeSIgn The building bas been designed in accordance with Beach by Design. 16. ProvIde 15 copIes of the color rendermg See attached copies 17. The garage floor plans need to show maneuvermg space (typIcal by floor) wlfh dImensIOnal arrows, labeled in Imear feet See revised parking garage plans. R E C E ~VE D DEe 0 8 2004 PLANNING DEPARTMENT CIN OF ClEARWATE:? . OR\G'I~AL 18. The eXlstmg elevator, per what lS proposed or showl'} on the floor plans, does not access the thlrd andfourth garage levels There are separate elevators for the upper floors for residents. The existing elevators service the public spaces only. 19 There appears to be 72 spaces shown on the groundfloor Two additional spaces have been added on the south side of the garage. ent Zayac & AssocIates, Inc fRrECfE~VED DEe 0 d ZUU4 PLANNING DEPARTMENT CITY OF CLEARWATER fuJencer and Associates Atcltitecture,. me. Archl tecture 1215 South Myrtle Avenue Clearwater, FL 33756 727/449-ARCH FAX 727 /442~7192 Planmng sJs@spencerarchcom www spencerarch com December 7, 2004 Mike Reynolds CIty of Clearwater 100 South Myrtle Avenue Clearwater, Flonda 33756 Phone 727-562- 4836 Fax- 727-562-4576 Re PelIcan Walk Parkmg Garage Dear MIke, Thank you for takmg the hrne to reVIew thIs narrahve of the Beach By DesIgn cntena used m the above referenced project The East elevatIOn mcorporates many des1gn elements outlmed m the Beach by DesIgn, mcludmg undulation m the front facade, arclntectural bandmg, steppmg of balcomes, arches and tower elements The use of mstInchve alummurn gnllwork features and arches achIeve the des1gn goal of haVIng the bUlldmg not look lIke a parkIng garage Sabel palms and other lush landscapmg matenal, further aclueve tius Canhlevered balcomes on the North and South elevahons add sigruficant mterest to the buddmg and breakup the overall mass The West elevahon IS set approXllTIately one hundred ten feet back from Mandalay A venue The eXIstIng PelIcan Walk Shoppmg Center has eXlstmg pedestnan areas at street level Many successful desIgn elements on the eXISTIng bUIldmg are bemg mcorporated mto the new bUIldmg such as decoratIve medallIon elements, barrel tIle roofing, bandmg detaIls, arches, ete The roof top paVIlIon adds sIgrufieant mterest for the project and IS also functIOnal, as It WIll be used III cOnjunctIOn WIth the roof top pool and sundeck Another umque feature to thIS bUlldmg IS the mtroduchon of both front and rear balcomes, whICh open up all facades of the buIldmg The color palette Wlll be conSIstent WIth the eXistIng bUlldmg, whIch follows the recommended Beach by DeSIgn palette 1b.is Ulllque project IS a drrect result of folloWlng Beach by DeSIgn Gmdelmes and months of pOSITIVe meetIngs w e CIty of Clearwater Plannmg staff Thank you agam for your reVIew of tlus narratIve American Insbtute of Arclutects Member AA0003292 REC[E~VED DEe 0 3 2004 PLANNING DEPARTMENT CITY OF CLEARWATER December 2,2004 Nickolas Ekonomldes, P A 791 Bayway Blvd Clearwater, FL 33767 Re Assignment of property from BJE, Inc to RBJ, LLC Dear Nick I am In receipt of your letter of November 24,2004 concerning the agreement between BJE, Inc (Pelican Walk) and the City of Clearwater It IS my understanding from your letter that BJE, Inc has transferred the parking garage site to LBJ, LLC Since thiS IS a transfer to a limited partnership In which Pelican Walk, that IS BJE, Inc , has a controlling Interest or IS the general partner, such transfer IS not an assignment or transfer subject to restrictions by the City pursuant to Section 13 01 However, the subsection does proVide as followmg " provIded however that notIce of such assIgnment shall be given by Pelican Walk to the CIty not less than 30 days prior to the assignment being effective and the Assignee shall be bound by the terms of thIS agreement to the same extent as would Pelican Walk In the absence of such assignment" It IS my understanding, therefore, that LBJ, LLC Intends to be bound by the terms of the agreement as proVided In that agreement If you do not agree With thiS understanding, please notrfy me Immediately Smcerely, , Pamela K Akin City Attorney PKAlgmd o TO: FAX COVER MEMO CITY OF CLEARWATER PLANNING DEPARTMENT 100 S. MYRTLE AVE., 2nd Floor CLEARW A TER, FL 33756 (727) 562..4567 FAX: (727) 562...4865 t~/~ ~ 793-- ?tPrJ FAX: Phone: - FROM: /11/;t1t /ley A.o / /..Y Phone: ...\"6 1- -I( J7:J t I,} -";;l - c:) V SUBJECT:.Pbt7 .200 y.- Of tJ 7 ;)- DATE: MESSAGE:cbe- ~~ /l./...oJA 47~~"- ....vOrL y ~r /. 9' ..~<' /2.f ~,'en;;'-7 -n or d't../ / 77~ /J'" NUMBER OF PAGES(INCLUDING THIS PAGE) 7 1 :45 pm Ca~e Numbcl FLD2004-0 -- 483 MANDALA Y AVE Owner(s) B J E Ine 630 S Gulf View Blvd Clearwater, Fl 33767 TELEPHONE No Phonc, FAX No FdX, E-MAIL No Emall Representative Keith Zayac 701 Enterpnse Rd East Stc 404 Safety Harbor, Fl 34695 TELEPHONE 727-793-9888 , FAX 727-793-9855, E-MAIL kelth@kClthzdyac com Location, 1 68 acres located approxImately 180 feet from the mtersectlOn of Mandalay Avenue and Baymont Street Atlas Page 267 A Zoning Dlstnct: T, Tounst Request Request for Flexible Development approval, to pernut a four-level parlong garage with 359 parking spaces and 28 residential attached nmts, with a reductIOn ofthe front (east) setback from 25 feet to five feet, a reductIOn of the Side setbacks (north and south) from 10 feet to zero feet, and a bUlldmg height Increase to 68 5 feet above Base Flood Elevation to top of roof (In the Tounst Dlstnct, 35 feet IS the height I1nut for attached dwellings, 50 feet IS the height I1nut for a parlang garage), a;, a Comprehensive Intill Redevelopment ProJect, under the provI SlQns of SectIOn 2-803 C Proposed Use: Mixed use Neighborhood Clearwater Beach Association AssOClahon(s)' Clearwater, FI 33767 827 Mandalay Ave TELEPHONE 727-446-5801, FAX No Fax, E-MAIL dmacnav@att net Neighborhood Clearwater Neighborhoods CoahtlOn AS~OClatlOn(s): Clcarwater, Fl 33761 2544 Fnsco Dnve TEl',EPHONE 727-725-3345, FAX No Fax, E-MAIL DJw@gtenet NeIghborhood Coral Resort Condonunum Assoclation(s), Clearwater, Fl 33767 483 E Shore Dnye TELEPHONE 727-446-3711, FAX No Fax, E-MAIL coral483@aol com Presenter: MIke Reynolds, Planner III Attendees Included Chip Gerlock, MIke Reynolds, Scott Rice, Tracey Bruch, Joe Colbert, Tom Glenn The DRe revlCwed thIS application wIth the followmg comments' General Engineermg, Development Revlew Agendd - Thursday, December 2, 2004 - Page 45 1) The archltectl. rawlngs and UVII drawmgs do not match M 2) The al chltectura! dl awmg5 Sheet A I I, show~ 362 park1l1g spaCt;~ provided and the Clvtl plans show 359 PLANS NOW CONSISTENT 3) The al c11ltcGtural plan:;. :;.how two gated II1gre<'5/egress dnve a1~lcs while the Civil plans only show the most northE,1 ly mgress/egress havmg a control gate MET 4) The architectural drawmg show 51dewalks leadmg from WIlT tower to curb while the clvll "how SIdewalk bemg extended to back-of-"Idcwalk DesIgn should not encourage lrud~block crossmgs due to safety rcasons MET 5) The arclutectural plans show columns bemg constructed wlthm dnve aIsles and parIang spaces MET 6) Where do servIce and dehvery vehlcles park? PULL OFF AREA ADDED 7) Show how the reSIdents access the rooftop pool and all related functIOns around the pool MET 8) ExhIbIt "C" (I O)(B) states the floor plates above 42 ft arc 28,200 sq ft wluch does not meet design cntena PLANNING CRITERIA 9) Exlubtt "C" (10)(0) states that setbacks along local streets should be 12 ft and the proposed structure IS only 5 ft from the nght-of-way ofPomsettla Street PLANNING CRITERlA 10) The arclutectural plans Sheet P I show'> the waterside balcony extendmg approximately 36 ft beyond the extenor wall whIle a dImensIOnal note for the watersIde balcony IS 10' x 30' RESOLVED II) Need to venfy where the eXisting 6" clay pIpe runs through the south end of the property It serves NEEDS TO BE SHOWN MORE CLEARLY 12) Need to show to where the eXlstmg grease traps are bemg relocated HOW WILL SERVICE VEHICLES GAIN ACCESS TO SERVICE THE TRAPS? 13) The eXl~tmg gas meters may need to be relocated at the applIcant's expense MET 14) The eXistIng backflow devlce(s) WIll have to be relocated outside bUlldmg envelope and :;,tay wlthm the boundanes of thiS property ownershIp BACKFLOW DEVICES NEED TO BE RELOCATED AT APPLICANT'S EXPENSE 15) The proposed stop sIgns appear to be behmd walls of the parkmg garage MET 16) Need to mstall the F DC on pnvate property and meet Fue Department's reqUirements MET 17) Need to provide enough fire hydrant assembhes along all nghts-of-way to meet Fue Department's reqUIrements MAY NEED ADDITIONAL HYDRANT TO SATISFY FIRE NEEDS 18) The eXlstmg fire hydrant assembly south of structure IS shown on the west Side of POinsettia Street wlule the CIty'S atlas shows It on the east Side Engmeer to venfy locatIOn and show the distance from the property MET 19) The CIVtl plans show a 25 ft +1- dumpster stagmg area/access ramp/parkmg spaces Need to create a much smaller stagmg area lIke the arclutectural drawlOgs show APRONS ARE NOT REQillRED FOR STAGING AREA IS STAGING AREA REQUIRED FOR TRASH CHUTE? 20) How do the empty dumpsters rotate m and out of condonuruum trash cnclosures? MET 21) ProVide detail for sarutary connectIOn at south end of bUlldlOg to proVIde contlOuous salUtary sewer service to propertIes lYing south oftlus project SEE COMMENT # 11 22) ProVIde detaIls of proposed water and sarutary connectIons MET 22) On Sheet C-5, what does the note "Cut and Repalf" refer to? MET 23) Whdt IS the clear vertIcal heIght ohhe first floor above the relocated sarutary Plpehne? MET 24) PROPOSED FIRE HYDRANT ASSEMBLIES AND FIRE LINE TO BillLDlNG CANNOT BE CONNECTED TO A RECLAIMED WATER PIPELINE 25) WHAT IS THE PURPOSE OF THE EXISTING 4" WATER MAIN SHOWN ON SHEET 5 26) TO COlv1PL Y WITH BEACH BY DESIGN CRlTERIA, PUBLIC SlDEW ALK ALONG POINSETTA SHALL BE IO-FEET WIDE WHERE POSSIBLE 27) NOTE AddItIonal comment,> may be neceSSdry based on the responses to conditIOns All the above to be addressed pnor to COB Pnor to bUIlding permit 1) Fleld deterrruoe mvert elevatIOns of eXlstmg samtary hoe 2) ProVide lOvert elevatIOns of proposed 8-IOCh samtary hne 3) Ifproposed samtary lmo IS le~,> that 3-feet below fimshed grade 1t shall be duct1le uon En VlrO n men tal 1 No Issues Fire No Comments Development ReVIew Agenda - Thur:;,day, December 2, 2004 - Page 46 Harbor Master' No Comments Legal No Comments Land Resources 1 ]118/04-Palm removal" equate to 1" only, replacements also equate to I" only Revise pnor to BUlldmg Pern1lt 10122/04-Revlse tree removal calculations, all trees rated 2 or below do not reqUire replacements and all palm trees are replaced at one lOch each Provide poor to bmldmg pemnt Landscapmg I no Issues Parks dnd RecreatIOn: Open Space dUd RecreatIOn Impact fees dre due poor to Issuance ofbUlldmg pern1lts or final plat (If applicable) whIchever occurs first These fees could be substantia] and It IS recommended that you contact Deb Richter at 727-562-4817 to calculate the assessment Stormwater: I Arc eXlstmg pond and stonnwater system bemg modified? (met) 2 Place a note on the plans for the contractor to regrade pond and clean out eXIstmg structures lfthey are to remam (met) 3 Dlrect all runoff from the garage to the pond (note was added to plans, however more mfo will be needed fOf constructIOn Pnor to any bUlldmg pern1lts, provIde suffiCient grades, flow arrows, drams, etc to show how the sIte Will dram to the pond) SolId Waste: I Enclosure not to Spc Explam how condo umts will dIspose of trash, how will they recycle, Show how eXlstmg fetall will dispose ofSohd Waste and Recyclmg 12-01-04 Is the" roll-out Dumpster" on the South side d compactor? It IS unclear If not there IS madquate service Traffic Engineermg, Development Review Agenda - Thursday, December 2,2004 - Page 47 Plannmg: 1 Parkmg gar< SIgn 011 cIvil plan~ dnd architectural plans d match ME r 2 All parkmg spaces and drive ,usles must meet current city sta11l,,,,ds 1 e for a 90 dcglee parklllg stall It must meet 111lTlllllUITI dunenSlOllS of 9 t wak by 19' long with a 24' wide dllve aisle 185' DIMENSION AS SHOWN ON THE SnE PLAN IS ACCEPTABLE WITH [HE CITY ENGINEER 10/2812004 - PROVIDE DIMENSIONS FOR PARKING STALLS ON FLOORS 2-3-4 1211/04 - SHEET Al I INDICATES 8T ALL DEPTH 175', BUT SHEET Al 3 SHOWS 185' TYPICAL, PLEASE CLARIFY 3 All disabled parkmg staIb must comply with cunent CIty standards (width, acceSSible aisle and columns III aIsle) MET 4 ProvIde a detail of the disabled parkmg stall and ~Ign SEE COMMENT #2 FINE AMOUNT IS INCORRECT - SHOULD BE $255 5 All disabled parlang stalls must be strategIcally located close to an accessible entrance MET 6 AlIlevcls ofparkmg must meet reqUired A D A height clearance (8' - 2) for handicap vans MET 7 Show accessible path from parlang garage to connect ret,ul bmldmg,condo and public SIdewalks NEED ACCESSfBLE PATH FROM GARAGE TO SlDEW ALK ALONG POINSETT A STREET 8 General Note Garage supports such as walls and columns must not mtrude wlthm parkmg stall dimenSIOns (Commumty Development Code Section 3-1402) ACKNOWLEDGED 9 General Note Garage supports such as walls must not Impcde dnver's Sight VISlblllty when backmg out ofparkmg space (Commumty Development Code SectIOn 3-1402) ACKNOWLEDGED 10 Columns must not mtrude mto the dIsabled parkmg access alsle Chapter II Flonda Bulldmg Accesslblllty Code, SectlOn 11-4 6 3 MET 11 Demonstrate that column locations proVide adequate tummg radIUS to accommodate all velucular moblhty Without encroachmg mto other traffic VEHICLE P A TRS NOT CONTINUOUS RIGHT TURN ONTO RAMP AT SOUTHWEST CORNER OF GARAGE DOES NOT APPEAR TO SATISFY THIS CONDITION 12 Show IocatlOn of par long tIcket dlspenser(s) MET 13 Show stadang for 18' velucle With 2' gap between vehicles entenng the parkmg garage at the ticket dispenser at all entrances Staclang for a ll1lmmum of two vehicles at the mam entrance and one at the condommmm entrance MET 14 SIght VISibIlity tnangles are not dIsplayed correctly Please refer to the commuruty development code for correct placement Page CD3 30 MET 15 Remove bUlldmg structures such as walls that are wlthm the Sight vlSlbilty mangles or re-deslgn bUlldlllg wall where motonst's hne of sight IS not obstructed THUS MUST BE INCLUDED IN REQUEST 16 Pamt stop bar and the word" stop" at the bottom of ramp located near the condoll1lruum's dnveway MET All of the above to be addressed pnor to CDB Traffic Impact Fees to be determllled and paid pnor to CO Pnor to bmldmg penrut 1 Show hghtmg and dramage plan Development ReView Agenda - fhursday, December 2,2004 - Page 48 How many pdrk! aces dl e dedicated to the reSidential compO! f the site? Std te thIS mfonnatlOn wIth In the site data tab Ie Update (I 1-28-04) I ]115 Item IS stll] not addre~~ed Please plovlde the mfo1111atlOn wIthin the sIte data tdble AI~o explam the difference between re~ld ent park:mg and reSIdent accesslb Ie (see Sheet A] I) 2 Improve the clanty of the locatIOn map Upddte (11-28-04) ThiS comment IS stlll not dddressed 3 The site plan should have a plan sheet that shows the buddmg and Its square footage Update (11-28-04) ThiS comment IS ~tl]] not addressed 4 La bel aU outdoor IIghtmg Update (II - 28-04) ProVIde I n forma tlOn as stated wlthm the 11-19-04 transrruttalletter from apphcant to City staff as an additIOn to Plan Note # 19 5 Clearly show all eXlstmg and proposed accesses to thiS property Update (11-28-04) ThiS comment IS still not addressed 6 Improve the mdex sheet (expand]t to mclude parkmg level sheets) Update (11-28-04) ThIS comment IS still not addressed The mdex sheet should account for all sheets wlthm the site plan and archItectural plans set 7 Label the locatIOn of all easements Update (11-28-04) ThIS comment IS slill not addressed The labels on sheets C-3 and C-4 differ, one called a 15 foot utlhty easement, the other a 15 foot alley Please c1anfy 8 State the FAR, eXlstmg, proposed, and reqUIred Update (11-28-04) Tms comment IS stdl not addressed State the FAR lurot as speCIfied by the CIty Code 9 Address all cntena wItmn the developments over one acre sectIOn of the applicahon form Update (11-28-04) ThIS comment IS still not addressed 10 At rooftop level (see roof plan drawmg), show the pool, deck, and recreatlOndl area m detatl Update (11-28-04) ThIS comment IS shI! not addre<;sed Where IS the walkway to the pool? Are the rooftop pavIlion') connected to the pool by a walkway? 11 Label the access Islands at level one wlthm the garage Update (11-28-04) ThIS comment IS still not addressed 12 Labe] parkmg space dlmenslOns (typIcals) per floor Update (t 1-28-04) ThiS comment IS still not addressed Parkmg space WIdth needs to be labeled Ifparlang space dlmenslOn typlca]s are for all parkmg levels, state as a plan note on sheet A I 3 13 Label and show all pedestnan ways wlthm the garage (each level) Update (11-28-04) nus comment IS stlB not addressed 14 Clearly show all RIghts of Way Wltmn and adjacent to the Site 15 The project as subrrutted makes It difficult to deterrmne Iftt IS consistent WIth Beach by DeSign Update (11-28-04) Tms comment IS sliB not addressed ProVIde a summary as to how the project deSign IS conSistent WIth Beach by DeSign 16 The color rendenng does not show details for the mam entrance/dnveway Update (11-28-04) PrOVide 15 caples of the color elevatIOn A color elevatIOn was not subnutted With the reVised matenals post the 11-12-04 DRC 17 The gardge floor plans need to show maneuvenng space (typlCals by floor) With dImensIOnal arroWS, labeled mlmear feet Update (11-28-04) ThIS comment IS slill not addressed Only level three show') tlus detatl 18 The eXlstmg elevator, per what IS proposed or shown on the floor plans, does not access the tmrd and fourth garage levels Update (11-28-04) Tills comment IS stJll not addre')sed ConSIder Improvmg floor access for the eXlstmg elevator 19 SIte Plan Sheet C-4 mdlCates 74 parlang spaces on the Ground Level There appear to be 72 spaces shown for dus level on the site plan drawmg (same sheet) Please check tms 20 See Beach by DeSIgn, DeSIgn Gutdelines, B HeIght, Item numbcr 3 , address the floorplate Imllt 21 See Beach by DeSign, DeSign GUidelines, C DeSign, Scale and Mass of BUlldmgs, Item number 2 , address the urllllterrupted bUlldmg plane hout for the west and east elevahons and adjust the deSign 22 See Beach by Des1gn, DeSign GUIdelines, C DeSign, Scale and Mass ofBmldmgs, ltem number 3 , address thc wmdows or archItectural decorations nummum for the north and ~outh clevahons and adjust the dcslgn 23 See Bedch by Deslgn, DeSIgn GUidelines, C DeSign, Scale and Mass of Bmldmgs, Item number 4, "how, by a draWIng, how the 60 percent of maximum bUlldmg envelope limit on occupancy by a buIldmg IS mct 24 See Beach by DeSIgn, Deslgn GUIdelmes, D Setbacks, ltem number 1 , conSIder a 10 foot WIde Sidewalk along Pomsettla Street, With the eXeeptlOn to the stop bar and VISIbility tnangle areas 25 See Plan Sheet P5 Label the feature that IS to the nght or Il0l1h of the garage cntrdnce dnd column Development RCVIew Agenda - Thursday, December 2, 2004 - Page 49 Keith Zayac & Associates" Inc. CIvil Englneermg, Landscape ArchItecture, Plannmg 70 I Enterpnse Road E , Ste 404 Safety Harbor, FL 34695 (727) 793-9888 Phone (727) 793-9855 Fax kelth@kelthzavac com November 19,2004 Mr Michael Reynolds, AICP City of Clearwater 100 S Myrtle Avenue Clearwater, FLorIda 33756 RECEIVED NOV 1 8 200~ Re FLD 2004-03018, PelIcan Walk ParkIng Garage PLANNING DEPARTMENT CITY OF CLEARWATER Dear Mr Reynolds' Enclosed you WIll find 15 sets of revised plans and attachments rncluding the follOWIng changes General Engineering 1 The archltecrural drffi1,'ings and clvll drawmgs do not march The architectural plan and civil plans have been coordinated. The arcJl1tectural dl awmgs, Sheet Al 1, ,',haws 353 parkrng spaces pi oVlded and the cIvil plans show 353 The architectural plan and civil plans have been coordinated. The architectural plans show two gated mgress/egress drIve azsles while the CIVIl plans only show the most nOl therly zngres,',/egre,',s huvrng a control gate The CIVIl plans on sheet C4 shows two gated entrances One IS for residents to enter mto the parkmg garage The other entrance is for ail other traffic The architectural drawmgs show Sidewalks leadingfram stair tower to curb, whlle the CIVIl drawmg,', .\how ,',ldewalk bemg extended to ba,k-of,',ldewalk. De,',lgn ,',hould not encourage mid-block crossmgs due to safety reasons , Walker Parkmg plans bave been revised to corrispond with tbe Civil plans. The archltectural plans show columns bemg constructed wlthm drive Olsles and parkmg spaces " The plans bave been revised so that parking spaces are not located within building columns. Where do servIce and dellvery vehIcles park? On sheet C4, a loading zone located off of Poinsetta Street. [he loading zone will have a sign stating, "No Parking" Show how the reSidents access the roof top pool and all relaled functIOns around the pool Tenants will be able to access the roof top amenities either by using the elevators or stairs. 2. 3. 4 r -- c.- 5. / 1\-, ;? \ 6 7 RECl:IVtU' NOV 1 B 20D~ 8 ExhIbIt "e" (lO)(B) state~ the floor plate~ above 42ft are 2~bW~I'VP~t-=;Jt meet desIgn crlleria Cl1V'QF <!(~ Please see eAhibits attached to the submittal application. 9 ExhJbu "C" (1 0) (D) states that setbacks along local streets should be 1 2 ft and the proposed structure IS only 5 jt from the nght-ofway of Pomsema St A variance will be applied for on the reduction. 10. The anhlteaural plan~ Sheet P 1 ~how,~ the water.Hde bakony extendmg approximately 36ft beyond the extenor wall whde a dImensIonal note for the watersIde balcony IS 10 'x30' Please see revised sheet PI-the notes have been corrected, the open deck occurs on the 1st living level only. I I Need to verify where the eXIsting 6" clay pIpe runs through the south end of the proper~ltserves The existing 6" clay pipe continues to service the properties south of the proposed parking garage. Refer to sheet CS for san sewer route. 12 Need to show to where the eXlstmg grea~e traps are bemg relocated The grease traps located on-site, are proposed to remain in their existing location and will continue to service the restaurants. Please refer to sheets C3 and C5. 13 The eXlstmg ga~ meters may need to be relocated at the applicant's expense Note number 9 on sheet C5 was added to the plans and states, "Existing gas meter to be relocated at owner's expense." 14 The exlStmg bac1ifJow deVlce(s) Will have to be relocated outsJde the bUlldmg envelope and stay wI/hm the boundarzes of this property owners/lIp The existing backflow devices are proposed to remain in their current location, since they are under a overhang. 15. The proposed stop SIgns appear to be behmdwalls o/the parkmg garage The RI-I stop sign locations are revised to be mounted on the wall before existing the garage. 16. Need to Install the F Dean private property and meet Fire Department's reqUlrements On sheet C5, the FDC connection will be installed at the northwest corner of the property 15 feet away from the building and located 40 feet within a fire hydrant. 17 Need 10 provzde enoughfire hydrant assembhes along all rtght<;-of-way to meet Fire Department's reqUlrements On sheet CS, installation of two fire hydrants are proposed to be installed and located off of Poinsetta Street. 18. The eXlstlngfire hydrant assembly south of the structure IS shown on the,weSI SIde of POlnsettw Street whde the Cl~ 's atlas shows It on the east SIde Engmeer to verify locatIOn and show the dlstancefi01u the property The existing fire hydrant from the west side of Poinsetta Street is removed. 19 The CIVIl plan~ ~how a 25 fl +/-dumpster stagmg area/access ramp/parkmg spaces Need to create a much smaller stagmg area hIre the archltectural draWings show On sheet C4, we are proposmg 3 roll-out dumpster staglllg areas are proposed These have been reduced 10 size since the last submtttal. 20 How do the empty dumpsters rotate in and out of condomimum trash enclosures') Roll-out dumpsters will be on wheels --.J <C ~-... L.._ C!) r ... '--- o , 21 REC'=IVt:u NO\) 1 8 200~ I t:.tJNI~<iQEP.AR1MENl Provide detwlfor :'umtary conneC-twn at :,outh end o/bulldlng to ~HrI'tltl:' ld:'tl~A1ER samtary sewer serVlce to properlles lymg south of this project ellY O~ It is proposed to remove the existing sanitary senrice through the project site only. The existing manholes will remain and continue to service properties located ) north and south of the subject property. Provide detads of proposed water and samtary connectIOns The building will use existing sanitary and sewer connections already on site. Refer to sheet CS for details. On Sheet C-5, what does the note .. Cut and Repazr" refer to" On sheet C5, the note which states, "Cut and Repair" has been changed to read "saw cut & replace existing asphalt". What IS the clear vertical hezght of the first floor above the relocated samtary plpelzne? Refer to the architectural plans for elevations. NOTE AddltlOnal comments may be necessary based on the reponses to condmons All the above to be addressed prlOr to CDB 22 23. 24 25 Prior to bUlldmg penmt 1 Field determine mvert elevations of eXlstmg samtary lme 2 Provide mvert elevatIOns of proposed 8-mch samtary lme 3 If proposed samtary lme zs less that 3-feet below fimshed grade It shall be ductIle Iron Environmental I No Issues Fire 1 Show FDC at leart 15 feet from the buildmg and wlthm 40 feet of a Fire Hydrant dedicated to the FIre Sprmkler System PRIOR TO CDB On Sheet C5, the FDC connection is to be installed at the northwest corner of the property 15 feet away from the building and located 40 feet from a fire hydrant. 2. Where underground water mams and hydrants are /0 be mstalled, they shall be mstalled, completed, and in-serVice pnor to wnstructlon as per NFP A 241 PRIOR TOCDB Sheet CS states, "underground watermains shall be installed, completed, and in senrice prior to construction as per NFPA 241." 3. ThlS DRC ReView by Fire 15 not an approval or revww of any constructlOn plans ordocuments other than Site work. PLEASE ACKNOWLEDGE ACKNOWLEDGED Harbor Master Legal ---1 <::( :z: <.D 1. No Comments ~ o 1 No Comments 1 c w > - W Revise tree removal calculallons, all/rees rated 2 or below do not reqUire U Replacement:, and all palm trees are replaced at one mch each Provide prlO'W BUlldmg permIt I'Y On sheet L 7, the tree removal calculations have been revised to exclude a~es under 2" d.b.h. ~ Za=: ....,.. ~~ c::J iC::) ~$ C".l co .-! 0....1 (!)O >- zu.. 0 -0 :z z~ ~() c.. Land Resources Landscapmg Pnor to Development Order, 1 Change plant matenals below the palms to Dwarf Oleander, between them change the plants to Podocarpus -wInch "WIll grow taller, and luna the "IV" to the area:, a4Jacent to the doorways and entrances On Sheet L 7, landscape plans are revised to show Dwarf Oleanders as shrubs surrounding palms and Ilex V omitoria only at building entrances. 2 Darken the palms which are to remam, It I:' un dear a:, to where they are and if they conflict wzth proposed On sheet L 7, trees which are to remain on-site have been changed to a dark color and all other trees to be removed are shown screened back. 3 Several palms appear to be rated well, located away from construction and are shown, as X'd out On sheet L 7, trees to be removed are revised, thus saving the palms that have no effect towards the construction site. 4. There I:' a :,mgle palm :,hown on the plan whu.h IS not m the lzM and not keyed on the plan On sheet L 7, trees counts are verified and this sheet is revised accordmgly. 5. Verify the count on all plant matenal, and submll a revised plan sheet for review On sheet L 7, tree counts are verified and have revised this sbeet is revised accordingly. Parks and RecreatIOn 1 Open Space and RecreatlOn Impact fees are due prlor to Issuance of buIlding pel1111t:, or final plat (if appl1cable) whichever occurs first These fees could be substantzal and If IS recommended that you contact Deb Richter at 727-562-4817 to cakulate the assessment ~ <:::( Z (0 ex: o Stonn water 1. Are eXlstmg ponds and storm water system bemg modified? The proposed pond and storm water system is to remain intact without any change, except for the contractor to clean-out the storm system and f,egrade pond. 2 Place a note on the plans for the contractor to regard pond and clean out eXlstmg o W structures z/they are to remam > Please see note on sheet C5 number 19 which states, "Contractor shall regrade-w pond and and cleanout all the existing storm ~tructures on-site." 3 Dlrect all runoff from the garage to the pond These need to be addressed prlOr U w~ ~ On sheet C5 note number 18 has been added and state, "All storm water run-o will be directed towards retention pond." Solid Waste 1 Enclosure not to Spec Explam how condo units will dispose of trash, how wIll they recycle Show how eXlstmg retail will dIspose ofSohd Waste and Recyclmg Condo units will dispose of trash and recycling via the supplied trash chute. The existing retail will continue to use the existing method for disposing trash and recycling. Traffic Engineering 1 Parlang garage design on Clwl plans and archlfectural plans do not match The architectural plan and civil plans have been coordinated. 2 All parlang spaces and dnve alsles must meet current cuy standards I e for a 90 Degree parlang stall It must meet mIwmum dzmenslOns of9' Wide by 19'1ongwlth a 24' WIde drIve aisle MET - 18 5 ' DIMENSION AS SHOWN ON THE SITE PUN IS ACCEPTABLE WITH THE CITY ENGINEER 10/28/2004 ~ PROVIDE DIMENSIONS FOR PARKING STALLS ON FLOORS 2-3-4 Dimensions shown on A1.3-type all levels 3 All disabled parkmg stalls must comply WIth current CIty standards (wldth, accesszble alsle and columns In azsle) ADA Standards. 4 PrOVIde a detall of the disabled parlang stall and Slgn See Al.1 5 All disabled parlang stalls must be strategIcally located close to an accessible entrance --.J ADA Standards <:( 6. All levels ofparlang must meet requlred A D A height clearance (8'-2)}or handIGap Z vans All levels of parking meet the required A.D.A. height clearances for handicap <.D vans, as illustrated on sheet P5-the Roor to floor height for the 1st parking level will be 14'-0" and the parking levels above will be 10'10". c::c 7. Show accessIble path from parlang garage to connect retad bUIldmg, condo and publIC 0 sidewalks Done, only need walkway at levels 1 and 2 and 4. 8 General Note Garage supports such as wallj and wlumns must not mtrude withm ..... Z W .4'" ~ c:::o ~ c:::o ("0.;1 OC,) W .-i 0 > l!) 2 0 :2 :z: '2 <[ a: o LLI ~ parkmg stall dlmenslOns (Commumty Development Code SectlOn 3-1402) W Please refer to Walker parking and Architectural Plans. ' 9. General Note Garage SUpp01 ts such as "Walls must not Impede driver's sight vlSlblhoU when baclang out of parkmg space (Commumty Development Code SectlOn 3-1402) LJJ Answer Commet #8 '" 1 0, Columns must not mtrude mto the dIsabled parking access Qlsle Chapter 11 FlOrida BUlldmg Accesslbillly Code, Secflon 11-4 63 See Comment #8 11. Demonstrate that column 10catlOns provIde adequate turning radlUs to accommodate all vehlcular moblhty WIthout encroachmg mto other traffic See DWG. AI.I and AI.2 12. Show 10catlOn ofparlang tICket dlspenser(s) Please refer to Walker Parking Plans 13. Show staclangfor 18' vehIcle wllh 2 'gap between vehIcles entermg the parlang garage at the tiCket dIspenser at all entrances Stackmgfor a mmlmum of two vehicles at the mom entrance and one at the cOndOmlnlUm entrance Done. 14. Sight VISlbzlzty mangles are not displayed correctly Please refer to the commumty development code jor correct placement Page CD3 3U On sheet C4 the sight visibility triangles have been reconfigured and moved to the appropriate locations. 15. Remove bwldmg structures such as walls that are withm the SIght vlSlbllity tnangles or re-deslgn bwldmg wall where nwtorlst's lrne of SIght IS not obStl ucted A variance for the sight visibility trianglesis being requested. 16. Pamt stop bar and word "stop" at the bottom of ramp located near the cOndOmlnlUm 's drIveway All the above to be addressed prlOr to CDB Done, Located at Bottom of all Ramps. Trame Impact Fees to be determmed and paid pnor to C.O. Pnor to bwldmg permit 1 Show lightmg and draInage plan. Planning I Correct the discrepancy between the archItect's plans and ClVlI slte plan regardmg bwldmg helght The architectural plans and civil plans have been coordinated to show the correct information. 2. How many parkmg :Jpac,e:J are dedlwted to the re:Jldentzal component of the :Jlte I State thiS mformatlOn wzthm the slle data table See DWG. A1.1 and Al.4 3. Provtde north and south budding elevatlOns North and South elevations have been provided for review. !: ~ C:I ~ oc:> .-I ::> o % ---1 c:::( z: - <...!) - 0:::: o 4. Buddmg hezght should be statedfrom BFE to roofmldpomt Please see revised sheet PS which shows the building height from BFE to midpoint of Roof (84'-9). 5 Improve the cla71ty of the locatlOn map On the Cover Sheet the location map is revised for clarity. 6 The slte plan should have a plan sheet that shows the bmldmg and Its square footage 7 Label all outdoor llghlmg C Outdoor lighting will be 1000 metal halide up-light fIXtures. W 8 Clearly show all eXlstmg and proposed accesse,') to thiS property > 9 Improve the mdex sheet (expand 1t to mclude parkmg level sheet,')) _ 10. Correct the site data table,mformatlOn on lot sIze and buddmg height (clarify what W deck means) U On sheet C4, the site data table is revised to include the correct lot size and building height. W 11. LabeUl1f)ocallon oj all easements _ ~ C!!n all the civil p'lans theeXis.1mgJ5' alley e,asement is ide~ ] 2 They6Uiinlevel sheet needs to show whIch IS pubhc versus pnvate (resldentzal) parkmg ] 3 State the FAR, eXlstmg, proposed and reqmred On sheet C4, the site data table is revised to include the correct lot size and building height. 14 Address all cnterza wlthm the developments over one acre section a/the applzcatlOn form 15 At rooftop level (see roof plan drawmgJ, show the pool, deck, and recreatlOnal area In detazl Please see revised roof plan which iUustr-.des the swimming pool area and swimming pool deck area and it's boundaries with railings and short columns. 16 Label the access 1slands at level one wuhm the garage 17. Label parlang space dlmenslOns (typical) per floor See A1.3 Type. AU Levels. 18 Correct the d1screpancy m total number parkmg spaces Szle Plan states total to be 359 parkmg .spaces, and the archllect 's plans state 362 spaces The architectural plans and civil plans are coordinated to show the correct informatIOn. 19 Label and show all pedestrlan ways wlthm the garage (each level) 20. Clearly show all Rlghrs alWay wlthm and adjacenr to the sire On sheet CS, aU rights-of-ways adjacent to the subject site are shown. 21. P,ovldtt a color landscape plan A reduced color landscape plan is attached with the submittal package. 22 Bwldmg elevatIOns need to Include dZmen.5lOnal arrau's to mdlcate helghtfrom BFE to roofmldpomt and to roo/towers The eXlstmg submittal shows roo/heIght to the eaves Please see revised sheet PS. 23 The project as submlfted make!!> it difjicult to determme d It IS consIstent With Beach !: . LJ .. ~ .. ... 0:= C ~ ~ < a Xl u .....-l C :>- <.! 0 :2 z :2 2 c:I 0: -1 .c: z. - c..D - 0::: o Other Notes plans by DeMgn The building has been designed per the examples provided by Beach by Design. 24. 'The butldIng elevatwns are not cons,sten/ with the color rendermg This was explamed verbally during our last DRC review meeting and agreed that they are consistent. 25. The bUlldmg elevations need to clearly mdlcate, by labels, a descnptLOn of the proposed buzlding matenals Label any fax wmdows and any other design/ea/ures Please see revised sheet P5. 26. The color rendermg doej not jhow detazlj for the mam entranL-e/dnveway ThIS was explamed verbally during our last DRC review meeting and agreed that the rendenng was suffiCIent 27. The garage floor plans need to show maneuvermg space (typical by floor) with dunenslOnal m rows, labeled 111 lmear feet 28. The eXisting elevator, per what IS proposed or shown on the floor plans, does not access the thIrd and fourth garage levels The existing does (2) the new are for condos only. 29 See Plan Sheet A 1 4 Carl eU the pal kmg total shown a~ 61 spaces (should be 60 spaces) 1 No Comments This ApphcatlOn IS msufficlent to be scheduledfor review by the CDS SubmIt reVised By 11-23-04 to be on the 12-23-04 DRC Agenda c ..... Za: -.J ww W -- ~~ <:( > C=' 1-;: c:l ~~ Z c--... - co - W .-I O...J (!) ~U U >- zu... - 0 -0 n::: w :z z~ 3u 0 ~ D.. u TO: FAX COVER MEMO CITY OF CLEARWATER PLANNING DEPARTMENT 100 S. MYRTLE AVE., 2nd Floor CLEARW A TER, FL 33756 (727) 562-4567 FAX: (727) 562..4865 ~~,-It ~ d./< 7r '!1- f J> rr FAX: Phone: - FROM: /'-e/l<e. ~ y;'f..to ( P'J' , Phone: rt1.- - flY J {, DA TE: / / - I 'l. -0 '( SUBJECT: ~ ~V- C>767'1- MESSAGE: 4-tAS o.ll tl r"~ 4.. t'..A n d~LALr Ad" 4~ /dc//.Ab~".."h.2 NUMBER OF PAGES(JNCLUDING THIS PAGE) & 1 :35 pm Case Number FLD2004-0, L -- 483 MANDALA Y AVE Owner(s). B J E Inc 630 S Gulfvlew Blvd Clearwater, Fl33767 TELEPHONE No Phone, FAX No Fax, E-MAIL No EmaIl Representative: KeIth Zayac 701 Enterpnse Rd East Ste 404 Safety Harbor, FI 34695 TELEPHONE 727-793-9888, FAX 727-793-9855, E-MAIL kelth@kelthzayac com LocatJon I 68 acres located approxunateIy 180 feet from the mtersectIOn of MandaIay Avenue and Baymont Street Atlas Page: 267A Zonmg District: T, Tounst Request: Request for Flexible Development approval, to permit a four-level parkmg garage With 359 parkmg spaces and 28 resIdential attached umts, WIth a reductIOn ofthe front (east) setback from 25 feet to five feet, a reductIOn ofthe side setbacks (north and south) from 10 feet to zero feet, and a bUlldmg height Increase to 685 feet above Base Flood ElevatIOn to top of roof (In the Toumt DiStrict, 35 feet IS the height hmlt for attached dwellmgs, 50 feet IS the height hmlt for a parkmg garage), as a Comprehensive Infill Redevelopment Project, under the provIsIOns of SectIOn 2-803 C Proposed Use: Mixed use Neighborhood Clearwater Beach AssocmtlOn AssoclatJon(s): Clearwater, Fl33767 827 Mandalay Ave TELEPHONE 727-446-5801, FAX No Fax, E-MAlL dmacnav@attnet Neighborhood Clearwater Neighborhoods CoalttlOn AssoclatJon(s)' Clearwater, Fl33761 2544 Fnsco Dove TELEPHONE 727-725-3345, FAX No Fax, E-MAIL DJw@gte net Presenter: Mike Reynolds, Planner III Attendees Included: Clup Gerlock, Mike Reynolds, Scott RICe, Tracey Bruch, Joe Colbert, Tom Glenn The DRC reviewed this applIcatJon with the following comments: General Engmeering: Development ReView Agenda ~ Fnday, November 12, 2004 - Page 35 1) The archltectuL_ ...rawmgs and cIvil drawmgs do not match 2) The architectural drawmgs, Sheet All, shows 362 parkmg spaces provided and the cIVIl plans show 359 3) The architectural plans show two gated mgress/egress dnve aisles wlule the CIVil plans only show the most northerly mgress/egress havmg a control gate 4) The arclutectural drawmg show sidewalks leadmg from staIr tower to curb, while the CIVIl show sIdewalk being extended to back-of-sidewalk DeSign should not encourage lll1d-block crossmgs due to safety reasons 5) The arclutectural plans show columns bemg constructed wlthm dnve aisles and parkmg spaces 6) Where do service and delivery velucles park? 7) Show how the reSidents access the roof top pool and all related functions around the pool 8) ExlubIt "C" (1 O)(B) states the floor plates above 42 ft are 28,200 sq ft which does not meet deSign cntena 9) EX}llbit "C" (10)(0) states that setbacks along local streets should be 12 ft and the proposed structure is only 5 ft from the nght-of-way ofPomsettla Street 10) The architectural plans Sheet P 1 shows the waterSide balcony extendmg approxlllmtely 36 ft beyond the extenor wall wlule a dimenSIOnal note for the waterSide balcony IS 10' x 30' 11) Need to venfy where the eXistmg 6" clay pipe runs through the south end of the property it serves 12) Need to show to where the eXlstmg grease traps are being relocated 13) The eXlstmg gas meters may need to be relocated at the apphcant's expense 14) The eXIstmg backflow devlce(s) Will have to be relocated outSIde bUIldmg envelope and stay Wlthm the boundarIes of thIS property ownerslup 15) The proposed stop SIgns appear to be behmd walls of the parlang garage 16) Need to mstall the F 0 C on pnvate property and meet Fire Department's reqUIrements 17) Need to proVIde enough fire hydrant assemblies along all nghts-of-way to meet FlIe Department's reqmrements 18) The eXIsting flIe hydrant assembly south of structure is shown on the west SIde ofPomsettta Street wlule the City'S atlas shows it on the east Side Engmeer to venfy locatIOn and show the distance from the property 19) The CIVil plans show a 25 ft +/- dumpster stagmg area/access ramp/parkmg spaces Need to create a much smaller stagmg area hke the architectural drawmgs show 20) How do the empty dumpsters rotate m and out of condormmum trash enclosures? 21) PrOVIde detail for sarntary connectlon at south end ofbmldmg to proVIde continuous SanItary sewer service to properties Iymg south of thIS project 22) ProVide details of proposed water and samtary connectlOns 22) On Sheet C-5, what does the note "Cut and Reparr" refer to? 23) What IS the clear vertical heIght of the first floor above the relocated samtary pIpeline? 24) NOTE AddItIOnal comments may be necessary based on the responses to condItIons All the above to be addressed pnor to CDB Pnor to bmldmg pennIt 1) FIeld deternune mvert e1evatlons of eXlstmg samtary lme 2) PrOVIde mvert e1evatlOns of proposed 8-mch samtary lme 3) Ifproposed samtary hne IS less that 3-feet below fInlshed grade It shall be ductIle Iron EnVIronmental: 1 No Issues FIre: 1 Show FDC at least 15 feet from the bmldmg and Withm 40 feet of a Fire Hydrant dedIcated to the Frre Sprmlder System PRIOR TO CDB Where underground water mams and hydrants are to be mstalled, they shall be Installed, completed, and m servIce pnor to construction as per NFP A 241 Please acknowledge PRIOR TO CDB ThiS DRC ReView by Fire IS not an approval or reView of any constructIon plans or documents other than Site work PLEASE ACKNOWLEDGE Harbor Master: No Comments Legal: No Comments 2 3 Development ReView Agenda - Fnday, November 12, 2004 - Page 36 Land Resources: Revise tree removal calculatIOns, all trees rated 2 or below do not reqUIre replacements and all palm trees are replaced at one mch each Provide pnor to bUlldmg pemut Landscaping: 1 Pnor to Development Order, 1 Change plant matenals below the palms to Dwarf Oleander, between them change the plants to Podocarpus which Will grow taller, and hrolt the "IV" to the areas adjacent to the doorways and entrances 2 Darken the palms whIch are to remam, It IS unclear as to where they are and If they confhct Wlth proposed 3 Several palms appear to be rated well, located away from constructIOn and are shown as X'd out 4 There IS a smgle palm shown on the plan which IS not m the list and not keyed on the plan 5 Venfy the count on all plant matenal, and subnnt a revIsed plan sheet for review Parks and Recreation: I Open Space and Recreatton Impact fees are due pnor to Issuance ofbUlldmg penruts or fmal plat (If applicable) whichever occurs first These fees could be substantIal and It IS recommended that you contact Deb RIchter at 727-562-4817 to calculate the assessment Stormwater: 1 1 Are eXlstmg pond and stormwater system bemg modified? 2 Place a note on the plans for the contractor to regrade pond and clean out eXlstmg structures lfthey are to remam 3 Drrect all runoff from the garage to the pond These need to be addressed pnor to COB Solid Waste. I Enclosure not to Spc Explam how condo umts Will dispose of trash, how Will they recycle, Show how eXlstmg retaIl Wlll dispose of Solid Waste and Recyclmg Traffic Engmeermg: Development ReView Agenda - Fnday, November 12, 2004 - Page 37 Planmng: 1 Parkmg gara.!;~ _csIgn on cIvil plans and architectural plans do .._, match 2 All parkmg spaces and dnve aIsles must meet current city standards I e for a 90 degree parkmg stall It must meet mmlffium dimensIOns of9' Wide by 19' long With a 24' Wide dnve aisle MET - 18 5' DIMENSION AS SHOWN ON THE SITE PLAN IS ACCEPTABLE WITH THE CITY ENGINEER 10/28/2004 - PROVIDE DIMENSIONS FOR PARKING STALLS ON FLOORS 2-3-4 3 All disabled partang stalls must comply With current City standards (Width, accessIble aIsle and colunms 10 aIsle) 4 Provide a detail of the disabled parkmg stall and Sign 5 All dIsabled parkmg stalls must be strategically located close to an accessIble entrance 6 All levels ofparkmg must meet requIred A D A height clearance (8' - 2) for handicap vans 7 Show accessIble path from parkIng garage to connect retaIl bmldmg,condo and pubhc SIdewalks 8 General Note Garage supports such as walls and columns must not mtrude WIthm parkmg stall dImensIOns (Commumty Development Code SectIon 3-1402) 9 General Note Garage supports such as walls must not 11TIpede dnver's Sight vlSlblhty when backmg out ofparkmg space (CommuDlty Development Code SectIon 3-1402) 10 Columns must not mtrude mto the dIsabled parkmg access aIsle Chapter 11 Flonda BUIldmg Accesslblhty Code, SectiOn 11-4 6 3 11 Demonstrate that colunm locatiOns proVIde adequate turnmg radIUS to accommodate all vehicular moblhty Without encroachlllg mto other traffic 12 - Show locatIOn of parklllg tIcket dlspenser( s) 13 Show stackmg for 18' vehicle With 2' gap between vehicles enterlllg the parklllg garage at the tIcket dispenser at all entrances Stackmg for a nnmmrnn of two vehIcles at the malO entrance and one at the condonnmum entrance ) 14 SIght vlSlblhty tnangles are not displayed correctly Please refer to the commumty development code for correct placement Page CD3 30 15 Remove bmldmg structures such as walls that are Wlthm the Sight VISlbllty tnangles or re-deslgn bUlldmg wall where motonst's lme of Sight IS not obstructed 16 Pamt stop bar and the word" stop" at the bottom of ramp located near the condonnmum's driveway All of the above to be addressed pnor to COB Traffic Impact Fees to be determmed and paid pnor to CO Pnor to buddmg penmt I Show hghtIng and dramage plan Development ReVIew Agenda - Fnday, November 12,2004 - Page 38 2 Correct the dlSCRt- .,cy between the arcrutect's plans and the civil ~.._ plan regardmg bmldmg heIght How many parkmg spaces are dedIcated to the reSIdentla] component of the site? State thIS mformatton Wlthm the site data table Provide north and south butldmg elevations Butldmg height should be stated from BFE to roof nudpomt Improve the clanty of the locatIOn map The site plan should have a plan sheet that shows the butldmg and ItS square footage Label all outdoor hghtmg Clearly show all eXlstmg and proposed accesses to thiS property Improve the mdex sheet (expand It to mclude parkmg level sheets) Correct the site data table mformation on lot size and bUlldmg height (clanfY what deck means) Lable the location of all easements The site plan set needs to show and detruZe the parkmg spaces per floor of the parkmg garage The fourth level sheet needs to show WhICh IS pubhc versus pnvate (reSIdential) parking State the FAR, eXistIng, proposed, and requITed Address all cntena Wlthm the developments over one acre sectIOn of the appltcanon form At rooftop level (see roof plan draWIng), show the pool, deck, and recreatlOnal area In detail Label the access Islands at level one Wlthm the garage Label parkmg space dImensIOns (typlcals) per floor Correct the discrepancy m total number ofparkmg spaces Site Plan states total to be 359 parlang spaces, and the arclutect's plans state 362 spaces Label and show all pedestrian ways Wlthm the garage (each level) Clearly show all RIghts of Way wIthm and adjacent to the SIte ProVide a color landscape plan Bmldmg elevations need to mclude dlmemslOnal arrows to mdlcate heIght from BFE to roof nudpomt and to roof towers The eXlstmg subnuttal shows roof heIght to the eaves The prOJ ect as subnutted makes It difficult to detenrune If It IS consIstent WIth Beach by DeSign The bmldmg elevations are not conSistent WIth the color rendenng The bmldmg elevations need to clearly mdIcate, by labels, a descnptlOTI of the proposed bUlldmg matenaIs Label any faux wmdows and any other deSIgn features The color rendenng does not show detads for the mam entrance/dnveway The garage floor plans need to show maneuvenng space (typlcals by floor) With drmenslOnal arrows, labeled m Imear feet The eXlstmg elevator, per what IS proposed or shovm on the floor plans, does not access the thtrd and fourth garage levels See Plan Sheet Al 4 Correct the parkmg total shown as 61 spaces (should be 60 spaces) 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 Other: No Comments Notes: TIns apphcatlon IS msufficlent to be scheduled for reVIew by the CDB 12-02-04 DRC agenda Subrru t revised plans by 11-18-04 at noon to be on the Development ReVIew Agenda - Fnday, November 12,2004 - Page 39 ~:'~l~lrwater F- III I:~'" ~ - I :,rl~... u 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: FAX: ~ Phone: - FROM: /Wit(/. ~~/d'f Phone: fl 2. -V.,c J' t DATE: / /- r -() yo SUBJECT: ~ ?.J?b Y - Cl,P 0 7 :J- MESSAGE: &.. 4#-d~N.d' ot~ ~aA 1:f. ~/,- ;.....- NUMBER OF PAGES(INCLUDING THIS PAGE) b Case Number FLD2004-f ~ -- 483 MANDALA Y AVE Owner(s): B J E Tnc 630 S Gulfvlew Blvd Clearwater, [oj 33767 TELEPHONE No Phone, FAX No Fax, E-MAIL No EmaIi DRAFT /I~ .r.... 01( RepresentatIve: Keith Zayac 701 Enterpnse Rd East Ste 404 Safety Harbor, FI 34695 TELEPHONE 727-793-9888, FAX 727-793-9855, E-MAIL kelth@kelthzayac com LocatJon: 1 68 acres located approximately 180 feet from the mtersectlOn of Mandalay Avenue and Baymont Street Atlas Page 267A ZOning District, T, Tounst Request: Request for FleXIble Development approval, to permit a four-level parkmg garage With 359 parkmg spaces and 28 reSidential attached umts, with a reductIOn of the front (east) setback from 25 feet to five feet, a reductIOn ofthe side setbacks (north and south) from 10 feet to zero feet, and a bUlldmg height mcrease to 68 5 feet above Base Flood Elevation to top ofroof (In the Tounst Dlstnct, 35 feet IS the height limit for attached dwelhngs, 50 feet ]S the height hmIt for a parkmg garage), as a ComprehenSive Tnfill Redevelopment ProJect, under the provIsIOns of Section 2-803 C Proposed Use Mixed use Neighborhood Clearwater Beach ASSOCiatIon AssoclatJon(s)' Clearwater, Fl 33767 827 Mandalay Ave TELEPHONE 727-446-5801, FAX No Fax, E-MAIL dmacnav@attnet Neighborhood Clearwater NeIghborhoods Coahbon AssociatJon(s): Clearwater, FI 33761 2544 Fnsco Dnve TELEPHONE 727-725-3345, FAX No Fax, E-MAIL DJw@gte net Presenter. Mike Reynolds, Planner III Attendees Included' Chlp Gerlock, MIke Reynolds, Scott RIce, Tracey Bruch, Joe Colbert, Tom Glenn The DRC reviewed thiS appheation wIth the followmg comments: General Engineermg' Development ReView Agenda - Fnday, November 12, 2004 - Page 35 1) The architect! rawmgs and clvll drawmgs do not match 2) The archltectu] dJ drawmgs, Sheet AI], shows 362 parkmg spaces provided ancl the civil plans show 359 3) The archItectural plans show two gated mgress/egress dnve aisles while the c]vll plans only show the most northerly mgress/egress havmg a control gate 4) The architectural draWIng show SIdewalks leadmg from stmr tower to curb, willie the c]vll show SIdewalk bemg extended to back-of-sldewalk Design should not encourage nud-block crossmgs due to safety reasons 5) The arch]tectural plans show cohmms belllg constructed within drive aisles and parklllg spaces 6) Where do servIce and dehvery vehIcles park? 7) Show how the reSIdents access the roof top pool and all related functions aroWld the pool 8) Exhibit "C" (lO)(B) states the floor plates above 42 ft are 28,200 sq ft willch does not meet design cntena 9) Exhiblt "C" (1 O)(D) states that setbacks along local streets should be 12 ft and the proposed structure IS only 5 ft from the nght-of-way of Po InsettJ a Street 10) The architectural plans Sheet P 1 shows the watersIde balcony extendmg approxunately 36 ft beyond the extenor wall whlle a d]menslOnal note for the waterside balcony IS 10' x 30' 11) Need to venfy where the eXlstmg 6" clay pipe runs through the south end of the property]t serves 12) Need to show to where the eXIstmg grease traps are bemg relocated 13) The eXIstmg gas meters may need to be relocated at the apphcant's expense 14) The eXIstmg backflow devlce(s) will have to be relocated outSide bUIlding envelope and stay wlthm the boundanes of thiS property ownership 15) The proposed stop SIgns appear to be behInd walls of the parkmg garage 16) Need to mstall the F D C on pnvate property and meet Fue Department's reqUirements 17) Need to prOVide enough ftre hydrant assemblIes along all nghts-of~way to meet Fue Deparlment's requrrements 18) The eXlstmg fire hydrant assembly south of structure ]S shown on the west side ofPomsettIa Street whlle the CIty'S atlas shows It on the east Side Engmeer to venfy locatlon and show the distance from the property 19) The clvll plans show a 25 ft +/- dumpster stagmg area/access rarnp/parkmg spaces Need to create a much smaller stagmg area hke the ardntectural draWIngs show 20) How do the empty dumpsters rotate III and out of condonumum trash enclosures? 21) Provide detaIl for samtary cOllllectlon at south end of bmldlllg to proVIde contmuous samtary sewer service to properties lymg south oftrus project 22) Provide detads of proposed water and samtary connectIOns 22) On Sheet C-5, what does the note "Cut and Repair" refer to? 23) What IS the clear vertical height of the first floor above the relocated sarntary plpehne? 24) NOTE Additional conunents may be necessary based on the responses to conditions All the above to be addressed pnor to CDB Pnor to bmldmg penmt 1) Field detenmne lllvert elevations of eXIstmg samtary hne 2) Provide mvert elevatlons of proposed 8-mch samtary lme 3) If proposed samtary Ime IS less that 3- feet below flmshed grade It shall be ductile Iron EnVironmental: No Issues Fire: 1 Show FDC at least 15 feet from the bmldmg and Wlthm 40 feet of a Fue Hydrant dedIcated to the Fue Spookier System PRIOR TO COB 2 Where underground water mams and hydrants are to be mstalled, they shall be mstalled, completed, and ill service pnor to constructlOn as per NFPA 241 Please acknowledge PRIOR TO CDB 3 ThiS DRC ReVIew by Fife IS not an approval or review of any construction plans or documents other than SIte work PLEASE ACKNOWLEDGE Harbor Master: No Comments Legal: No Comments Development Rev]ew Agenda - Fnday, November 12, 2004 - Page 36 Land Resources: Revise tree removal calculatlOns, all trees rated 2 or below do not reqUlTe replacements and all palm trees are replaced at one II1ch each ProvIde pllor to bUlldmg perrrut Landscapmg: 1 PrIor to Development Order, 1 Change plant matenals below the palms to Dwarf Oleander, between them change the plants to Podocarpus whIch wIll grow taller, and hrrut the "IV" to the areas adjacent to the doorways and entrances 2 Darken the palms which are to remam, It IS unclear as to where they are and If they conflict Wlth proposed 3 Several pahns appear to be rated well, located away from constructIOn and are shown as X'd out 4 There IS a smgle palm shown on the plan which IS not 10 the hst and not keyed on the plan 5 Venfy the count on all plant materIal, and subrrut a revised plan sheet for review Parks and RecreatIOn: Open Space and RecreatIon Impact fees are due prIor to Issuance ofbUlldmg perrruts or frnal plat (If apphcable) whIchever occms first These fees could be substantIal and It IS recommended that you contact Deb RIchter at 727-562-4817 to calculate the assessment Stormwater: 1 1 Are eXlstmg pond and storrnwater system bemg modIfied? 2 Place a note on the plans for the contractor to regrade pond and clean out eXIstmg structures If they are to remam 3 DlTect all runoff from the garage to the pond These need to be addressed prIor to CDB Sohd Waste: 1 Enclosure not to Spc Explam how condo umts Wl11 dIspose of trash, how Wlll they recycle, Show how eXistIng retaIl Wlll dIspose ofSohd Waste and Recyclmg Traffic Engmeermg: Development ReVIew Agenda - Fnday, November 12,2004 - Page 37 Planmng: I Parkmg gar ~slgn on civIl plans and architectural plans ( t match 2 All parkmg S!-'aces and dnve aIsles must meet Gurrent City standards I e for a 90 degree parklllg staJ11t must meet minimum dImenSIOns of9' wlde by 19' long wIth a 24' WIde dnve aIsle MET - 18 5' DIMENSION AS SHOWN ON THE SITE PLAN IS ACCEPTABLE WITH THE CITY ENGINEER 10/2812004 - PROVIDE DIMENSIONS FOR PARKING STALLS ON FLOORS 2-3-4 3 All disabled parkmg stalls must comply with current City standards (width, accessible aisle and columns m aIsle) 4 Provide a deta1l of the dIsabled parkmg stall and SIgn 5 All disabled parkmg stalls must be strategIcally located close to an accessible entrance 6 All levels ofparkmg must meet requued A D A helght clearance (8' - 2) for handIcap vans 7 Show accessible path from parlang garage to connect retail bUlldmg,condo and pubhc Sidewalks 8 General Note Garage supports such as walls and columns must not mtrude Wlthm parkmg stall dunenslODs (Commumty Development Code SectlOn 3-1402) 9 General Note Garage supports such as walls must not lll1pede dnver's sight vlslbihty when backmg out of parkmg space (CommuTIlty Development Code SectlOn 3 -1402) 10 Columns must not mtrude mto the d1sabled parkmg access aisle Chapter 11 Flonda Bmldlllg AccessIbihty Code, SectIon 11-4 6 3 11 Demonstrate that column locatIOns provIde adequate turnmg radms to accommodate all vehicular mobllity Without encroachIng mto other traffic 12 Show locatIOn ofparlang ttcket dispenser(s) 13 Show stadang for 18' vehicle with 2' gap between velucles entenng the parklllg garage at the heket dispenser at all entrances Stackmg for a nuDlmum of two vehicles at the roam entrance and one at the condonuDlllll1 entrance 14 Sight ViSIbilIty mangles are not dIsplayed correctly Please refer to the conunumty development code for correct placement Page CD3 30 15 Remove bmldmg structures such as walls that are withm the sight VISlbllty mangles or re-deslgn bmldmg wall where motonst's hne of slght IS not obstructed 16 Pamt stop bar and the word "stop" at the bottom of ramp located near the eondonumllll1's dnveway All of the above to be addressed pnor to CDB Traffic Impact Fees to be deternuned and paid pnor to C 0 Pnor to bUlldmg penmt 1 Show hghtmg and dralllage plan Development ReVIew Agenda - Fnday, November 12, 2004 - Page 38 Correct the disc cy between the architect's plans and the CIVI plan regardmg bUlldmg height 2 How many parkmg spaces are dedIcated to the reSidentIal component of the sHe? State this mformatIon wlthm the ~Ite data table 3 Provide north and south bmldmg elevatIOns 4 Bmldmg heIght should be stated from BFE to roofnudpomt 5 Improve the clanty of the locatIOn map 6 The site plan should have a plan sheet that shows the bUlldmg and ItS square footage 7 Label all outdoor hghtmg 8 Clearly show all eXlstmg and proposed accesses to tlus property 9 Improve the mdex sheet (expand It to mclude parkmg level sheets) to Correct the SIte data table mformatIon on lot size and bUlldmg height (clanfy what deck means) 11 Lable the locatIOn of all easements 12 The site plan set needs to show and ltellllze the parkmg spaces per floor of the parlang garage The fourth level sheet needs to show which IS public versus pnvate (resldentlUl) parkmg 13 State the FAR, eXIstmg, proposed, and requued 14 Address all cntena WIthm the developments over one acre sectIon of the app!tcatIon form 15 At rooftop level (see roof plan draWIng), show the pool, deck, and recreatIonal area m detatl l6 Label the access Islands at level one wttlun the garage 17 Label parlang space dimensIOns (typicals) per floor 18 Correct the discrepancy m total number ofparlang spaces Site Plan states total to be 359 parkmg spaces, and the arcrutect's plans state 362 spaces 19 Label and show all pedestnan ways wtthm the garage (each level) 20 Clearly show all Rights of Way wlthm and adpcent to the site 21 Provide a color landscape plan 22 BUlldmg elevatIOns need to mclude dlmemslOnal arrows to mdIcate heIght from BFE to roof nudPOlllt and to roof towers The eXlstmg subrmttal shows roof height to the eaves 23 The proJ ect as subrmtted makes it difficult to detenrune If It IS consistent WIth Beach by DeSign 24 The bUlldmg elevatIOns are not consistent WIth the color rendenng 25 The bUlldmg elevatIons need to clearly mdlcate, by labels, a descnptron of the proposed bUlldmg matenals Label any faux wtndows and any other desIgn features 26 The color rendenng does not show detalls for the mam entrance/dnveway 27 The garage floor plans need to show maneuvenng space (typlcals by floor) wtth drmensIOnal arrows, labeled m hnear feet 28 The eXlstmg elevator, per what is proposed or shown on the floor plans, does not access the thud and fourth garage levels 29 See Plan Sheet Al 4 Correct the parkmg total shown as 61 spaces (should be 60 spaces) Other: No Comments Notes: ThiS applicatIOn is InSufficient at thiS time Development Review Agenda - Fnday, November 12,2004 - Page 39 CITY OF CL*RWATER PLANNING DEPARTMENT MUNICIPAL SERVICES BUILDING 100 SOUTH MYRTLE AVENUE, CLEARWA.TER, FLORIDA 33756 TELEPHONE (727) 562~4567 FAX (727) 562-4576 WWW MYCLEARWATER COM October 15,2004 KeIth Zayac 101 PhIllippe Parkway Ste 205 Safety Harbor, FI34695 RE' FLD2004-09072 -- 483 MANDALA Y AVE -- Letter of Completeness Dear KeIth Zayac The Planmng Staff has entered your applicatIon mto the Department's filing system and assIgned the case number FLD2004~09072 After a prehrmnary reVIew of the submitted documents, staffhas determmed that the applicatIOn IS Complete The Development RevIew Committee (DRC) will reVIew the applicatIOn for sufficiency on November 12,2004, III the Plannmg Department conference room - Room 216 - on the second floor ofthe MUnICIpal Services BUlldmg The bmldmg IS located at 100 South Myrtle Avenue m downtown Clearwater Please call Sherry Watkms, Adnllmstratlve Analyst, at 727-562-4582 no earher than one week pnor to the meetmg date for the approximate tIme that your case WIll be reviewed You or your representattve (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 ofthe meetmg If you have any questtons, please do not heSItate to contact me at 727-562-4836 or Mike Reynolds@myclcarwater com Smcerely yours, M,k~ Mike Reynolds, AICP Planner III Leller of Completeness - FLD2004-090 72 - 483 MAND4 LA Y AVE '~ PERMIT'> 3 1 9-04 Keith Zayac & Associatesot Inc. CIvil Engmeermg, Landscape Architecture, Planning 70 I Enterpnse Road E , Ste 404 Safety Harbor, FL 34695 (727) 793-9888 Phone (727) 793-9855 Fax kelth@kelthzavac com Mr. Richard Alt, P.E. Soutbwest Florida Water Management District 7601 Higbway 301 North Tampa, Flonda 33637 - 6759 (813) 985 7481 September 29, 2004 Re: Pelican Walk (Clearwater, Florida) SWFWMD Application No. TO BE ASSIGNED KZA Project No. 326-04 Dear Mr Alt Please accept tillS transmittal as a fonnal request for Issuance of a letter from SWFWMD Indlcatmg NO PERMIT REQUIRED To this effect, the followmg are enclosed/attached . Two (2) copies of 8 5" X II" aertals indicating eXlstmg conditions . Two (2) copIes of 11" X ] 7" survey mdlCatlng existing conditIOns · Two (2) copIes of 1 ]" X 17" site plan indICating proposed conditIOns · Two (2) copies of location map · One (1 ) copy of PermIt l nq u 11)' ChecklIst Additionally, the followmg table summanzes the existmg and proposed conditions EXISTING CONDITIONS 61,445 33,349 73,379 PROPOSED CONDITIONS 57,246 300 73,379 Thank you for your assistance with thIS project Please contact us If there are any. questions ~ \r~ r?~lCn~,rp I ~ ql [1 '~~:!'r ~I_~,I_~ : \: I ' , \ 1\ : c;r-o 2 9 LIJ~~ I II 1'-" OR\G\NA L_--- - _---.J pu\ J,,',':3 E, r-\ -"\)"rK\ll St:H J CCS CITY OF CLEX1Nr,F:l:1 \ l --.J Keith Zayac & Associates" Inc. C1vli Engmeenng, Landscape Architecture, Plannmg 701 Enterpnse Road E , Ste 404 Safety Harbor, FL 34695 (727) 793-9888 Phone (727) 793-9855 Fax kelth@kelthzayac com MEMORANDUM TO Steve Spencer FROM: Keith E. Zayac, P.E., RLA DATE' June 18,2004 RE: Pelican Walk The following is a calculation based on an example received from the City. I would recommend having the planning staff review and comment. These calculations use a maximum floor area ratio of 1.0 and maximum dwelling Units per acre of 30 per City code section 2-801.1. Maximum Development = (FAR + DU's) combined, not Maximum FAR + Maximum DU's 1 38,000 SF retail total non-residential proposed. How much residential is allowed, given 73,485.72 SF total land and 38,000 SF of non~ residential use proposed. 1. Determine how much of site is "allocated" by 38,000 SF non-residential at maximum 1 0 FAR. 1.0x = 38,000 SF X = 38,000/1.0 therefore 38,000 SF of total land IS required for retail 2 How much land IS left for reSidential development? 73,48572 SF total land -38,000 SF commercial allocated land = 35,48572 SF or 0.8146 acres left for residential development. 3. How many Units allowed on available land? 0.8146 acres x 3 0 Units per acre = 32.59 units Bits. ~ .~ ~~~ - \~ Wells, Wayne From Sent To Subject Wells, Wayne Monday, July 23,2007433 PM Oelk, Michael 483 Mandalay Avenue Michael - A Flexible Development application was approved by the COB on Apn119, 2005, to permit the construction of a parking garage of four stones and 28 attached dwellings above the parking garage (three additional stones) In conjunction with eXisting retail sales (Case No FLD2004-09072/TOR2004-01015) Code provISions require the submission of an application for bulldlng permit to construct the proposed Improvements within one year of COB approval (Apnl 19, 2006) BUilding Permit #BCP2006~04025 was submitted April 3, 2006, to construct the parking garage and 28 attached dwellings, In compliance with Code provISions This bUilding permit IS stili In "received" status The last entry IS where comments were faxed to the contractor on September 14, 2006 Should the bUilding permit be vOided by Development Services due to Inactivity, then the FLD approval would lapse and become vOid Wayne 1 Wells, Wayne From Sent To Subject Wells, Wayne Monday, July 23,2007453 PM Lopez, Michael BCP2006-04025, 483 Mandalay Avenue Michael - Answering questions for Michael Oelk regarding this property, I noted that the last entry was on September 14, 2006 Potentially, you may want to ask them If they are stili proceeding Thanks Wayne 1 .. Wells, Wayne From Sent To Subject Clayton, Gina Monday, May 02,2005814 AM Wells, Wayne RE Pelican Garage so they actually have more than 100 public spaces Thanks Wayne mnOngmal Message-m- From wells, Wayne Sent: Monday, May 02, 2005 8 10 AM To: Clayton, Gina Subject: RE Pelican Garage 232 total requ Ired spaces [retail (190) and attached dwell I ngs (42)] -----On gma I M essage----- From: Clayton, Gina Sent. Monday, May 02, 2005 B 07 AM To: Wells, Wayne Subject: RE Pelican Garage So 254/255 were reqUired? --mOngmal Messagen--- From: Wells, Wayne Sent Sunday, May aI, 20054 29 PM To: Clayton, Gma Subject: RE Pelican Garage My understanding from Scolt Rice and Mike QUillen was thai there was to be 100 spaces above what they needed The plans that were approved showed/Indicated 354 or 355 spaces There may be a reduction of 1 _ 2 spaces for dumpsters m--Ongmal Messagem-- From' Clayton, Gma Sent: Thursday, April 28, 2005 2 36 PM To: Wells, Wayne Subject: Pelican Garage Wayne - can you tell me If the approved Pelican Garage decreased the public parking spaces from what was being consldenng when they were stili gOing to get some city funding? Can you provide me the number even If It was not changed? Thanks Gina 1 Wells, Wayne From Sent To Subject Wells, Wayne Sunday, May 01, 2005 4 29 PM Clayton, Gina RE Pelican Garage My understandmg from Scott Rice and Mike QUillen was that there was to be 100 spaces above what they needed The plans that were approved showed/indicated 354 or 355 spaces There may be a reduction of 1 - 2 spaces for dumpsters mnOnglnal Message----- From. Clayton, Gina Sent: Thursday, April 28, 2005236 PM To Wells, Wayne Subject. Pelican Garage Wayne - can you tell me If the approved Pelican Garage decreased the public parking spaces from what was being consldenng when they were stili gOing to get some city funding? Can you provide me the number even If It was not changed? Thanks Gina 1 Page 1 of 1 Wells, Wayne From Sent To Subject Richard Marcel [Rlchard@Kelthzayac com] Tuesday, Apnl 19,2005855 AM Wells, Wayne Pelican Walk Wayne, Attached are the landscape and site plans In PDF format for Pelican Walk Please give us a call If you have any questions Thank you, Richard Marcel Keith Zayac & Associates, Inc 701 Enterprise Road E , SUite 404 Safely Harbor, Flonda 34695 Phone 727-793-9888 Fax 727-793-9855 5/1/2005 CDB MeetIng Date Case Numbers Agenda Item Owner! Apphcant Representatl ve Address Apn119,2005 FLD2004-09072!TDR2005-0 1 0 IS 01 BIE, Inc Keith Zavac 483 Mandalav Avenue OR\G\NAL CITY OF CLEARWATER PLANNING DEPARTMENT STAFF REPORT GENERAL INFORMATION: REQUEST: EXISTING ZONING! LAND USE: PROPERTY SIZE: PROPERTY USE: (1) FleXible Development approval to permIt a nuxed use (proposed parkIng garage and attached dwelhngs In conJunctlon wIth eXistmg retail sales) wIth a reductIOn to the front (east) setback from 25 feet to 4 77 feet (to bmldmg), a reductIOn to the sIde (north) setback from 10 feet to 291 feet (to bUIldmg), reductIOns to the side (south) setback from 10 feet to zero feet (to dumpster enclosure), from 10 feet to 1 74 feet (to pavement) and from 10 feet to 26 feet (to bUlldmg), a reductIOn to the rear (west) setback from 20 feet to 05 feet (to bUIldmg), to mcrease the bUIldmg height from 35 feet to 70 feet (to roof deck) wIth an additIOnal four feet for penmeter parapets (from roof deck) and an addltlonal 16 feet for rooftop pavIlion (from roof deck) and to permIt a bUIldmg withm the ViSlblhty tnangles, as a ComprehenSive Infill Redevelopment ProJect, under the provIsions of SectIOn 2-803 C, and a reductIOn to the width of foundatlon landscapmg along Pomsettla Avenue from five feet to 477 feet, as a ComprehensIve Landscape Program under the provISIons of SectlOn 3-1202 G, and (2) Transfer of Development Rights of four umts from 656 Bayway Boulevard, under the provISIons of SectIon 4- 1402 (TDR2005-01015) Tounst (T) Dlstnct, ResIdentIal Facihtles High (RFH) Category 1 68 acres Current Use RetaIl sales and servIces (38,000 square feet) Proposed Use Mixed use of retail sales and services (38,000 square feet), parkmg garage of 355 spaces and 28 attached dwelling UnIts (condommiums) Staff Report - CommuOlty Development Board - Apn119, 2005 Cases FLD2004-09072/TDR2005-01015 - Page 1 of 10 ADJACENT ZONING/ LAND USES: North Tounst Dlstnct, Restaurant and retaIl sales East Tounst Dlstnct, Overnight accommodation uses, retaIl sales and restaurants South Tounst DIstnct, Retail sales West Tounst Dlstnct, Restaurant and retaIl sales CHARACTER OF THE IMMEDIATE VICINITY: The surrounding area IS tounst-dommated area wIth a mIxture of attached dwellIngs (condommmm), overnIght accommodatIOn uses and tounst-onented commercIal uses UPDATE: This FlexIble Development case was ongmally advertised for the January 18,2005, CDB agenda It was requested by staff to be contmued to a date uncertam (and so contmued by the CDB) due to an mcomplete TDR applIcatIOn (which was not ongmally advertised) and due to unsafe vehIcular movements at the southern dnveway and the bottom of the ramp needIng to be resolved These concerns have been resolved and the requests have been properly advertIsed ANALYSIS: Site LocatIOn and Existing Conditions: The 1 68-acre sIte IS located between Mandalay Avenue and PomsettIa Avenue approxImately 180 feet south of Baymont Street The site has approxImately 300 lmear feet of frontage on Mandalay Avenue (west) and 350 lmear feet on POinsettIa Avenue (east) ThIS parcel IS currently developed with a 38,000 square-foot shoppmg center The bUIldIng IS on the west sIde of the sIte and the current surface parkIng lot of approximately 101 parkmg spaces IS on the east side of the SIte Attached dwellmgs are being constructed wIthm close proximIty of thIS SIte, mcludmg the Belle Harbor project north of Baymont Street (under construction), Mandalay Beach Club to the southwest across Mandalay Avenue (completed) and the proposed Sandpearl project across Mandalay Avenue Proposal: The proposal mcludes redevelopmg the SIte mto a mixed use of the eXistIng 38,000 square-foot shoppmg center, combmed WIth a four-level parkmg garage east of the shoppmg center bUlldmg of 355 parkmg spaces that IS topped by three-levels of a total of 28 attached dwellIngs The SIte IS located wIthm the Retail and Restaurant DIStnct of Beach by Deslgn The proposed parkmg garage With parkmg avaIlable to the public will provIde convement parkmg to thIS RetaIl and Restaurant Dlstnct East of the eXlstmg shoppmg center bUIldmg the applIcant proposes to construct the seven-story addItIon where the eXlstmg surface parkmg lot IS currently located Access to the eXIstmg surface parkmg IS from two dnveways, one on the north sIde and one on the south sIde of the parkmg lot Access wIll essentIally remam the same, WIth the pnmary entrance and eXit dnveway on the north sIde and a resIdent/emergency eXlt~only dnveway on the south sIde The southern resIdent/emergency eXit dnveway should, however, be used for both mgress and egress at appropnate tImes dunng peak events Parkmg m the garage wIll be by a fee (except for the reSIdentIal parkmg area on the fourth level) A loadmg zone for delIvery trucks for the retaIl Staff Report - Commumty Development Board - Apnl 19, 2005 Cases FLD2004-090n/TDR2005-01015 - Page 2 of 10 busmesses IS bemg provIded wlthm the nght-of-way for those trucks that cannot enter the parkmg garage The ground level of the parkmg garage WIll allow for larger vehicles due to the second level of the parkmg garage needmg to be at the same elevatIOn as the second floor of the shoppmg center The parkmg garage Will provide 73 parkmg spaces on Level One (ground level), 90 parkmg spaces on Level Two, 104 parkmg spaces on Level Three and 88 parkmg spaces on Level Four Gates Will restnct the pubhc from the reSident parkmg on Level Four Code provIsIOns reqUIre 232 parkmg spaces for the eXIstmg shoppmg center and proposed attached dwellmgs, whereas 355 parkmg spaces are bemg proVided A portIOn of the parkmg garage WIll be open to the pub he, provldmg relief from the need for additIonal parkmg on the beach Above the four-level parkmg garage, the applIcant proposes a total of 28 attached dwelhngs on three floors Due to the eXIstmg shoppmg center floor area, a mixed-use calculatIOn of unused mtensIty provides for 24 dwellmg UnIts The applicant IS requestmg an additIOnal four dwellmg umts through the use of a Transfer of Development Rights from 656 Bayway Boulevard The proposal IS m comphance WIth the cntena of SectIOn 4-1403 for the Transfer of Development Rights Levels FIve and SIX are proposed WIth 10 attached dwellmgs per floor, whereas Level Seven IS proposed With eight attached dwellmgs The applIcant proposes on Level Seven tenant storage umts for the reSIdents Use of these tenant storage umts must be restncted to storage only A pool and 35-foot by 40-foot, open rooftop pavIllOn are proposed on the roof of the bUIldmg as part of a common area for the condommmm reSIdents Due to Code proVIsIOns regardmg height and the advertIsement of the requested heIght, the pavilIOn on the roof must be open-aIr and not be enclosed m any manner The overall bUIldmg height IS proposed to be 70 feet (to roof deck), WIth an addItIOnal four feet for penmeter parapets (from roof deck) and an additIonal 16 feet for the rooftop paVIlIon (from roof deck to the peak of the pavilIOn roof) The new bUIldmg has been deSigned to mcorporate many of the deSign elements outlmed m Beach by DeSIgn, mcludmg undulation of the front fayade, archItectural bandmg, steppmg of balcomes, arches and tower elements The bUIldmg has been deSigned With dIstmctIve alum mum gnllwork and arches on the first four levels to achieve the goal of the bUIldmg not lookmg hke a parkmg garage The bUIldmg at Level 5 IS stepped back vertIcally and honzontally from the parkmg levels, provldmg balcomes for the dwelhngs on both the east and west elevatIons Balcomes for the dwellmg umts on the south Side are cantIlevered from the bUIldmg, which are mIrrored for UfiltS on the north SIde of the bUIldmg, to add mterest and break up the overall mass The west elevatIOn of the new bUlldmg IS set back approxImately 110 feet from Mandalay A venue due to the eXIstmg shoppmg center bUlldmg DeSIgn elements of the eXistIng shoppmg center bUlldmg are bemg mcorporated mto the new bUlldmg, mcludmg decoratIve medallions, barrel tIle roofing, bandmg detaIls and arches The color palette for the new bUIldmg WIll be conSIstent With that of the eXlstmg bUlldmg The proposal IS compatIble With the surroundmg development, and WIll upgrade and enhance the commumty character and visual appearance of the ImmedIate vlclmty The proposal mcludes a reductIOn to the front (east) setback from 25 feet to 4 77 feet (to bUIldmg), a reductIon to the SIde (north) setback from 10 feet to 2 91 feet (to bUIldmg), reductIons to the Side (south) setback from 10 feet to zero feet (to dumpster enclosure), from 10 feet to 1 74 feet (to pavement) and from 10 feet to 2 6 feet (to bUlldmg) and a reduction to the rear (west) setback from 20 feet to 05 feet (to bUI!dmg) The reduction to the front setback from PomsettIa Avenue for the Staff Report - Commumty Development Board - Apnl 19, 2005 Cases FLD2004-090nrrDR2005-01015 - Page 3 of 10 parkmg garage IS at the approximate same locatIOn as the eXIstmg surface parkIng lot The proposed front setback IS a fW1ctlon of the locatlon of the eXIstmg shoppmg center bUlldmg, compliance wIth the standards for parkmg lot design and the stallwell desIgn The stalf\vells protrude shghtly from the mam bUIldmg edge, which aSSists m the provIsIOn of Visual Interest and undulatIOn of the bUIldmg fayade ThiS similar protrusIOn has been echoed wIth the elevator and trash chute towers The side setback reductIOns to the south property hne partially are a product of property lInes not beIng perpendicular to the front property hnes The side setback reduction to the north property lIne IS a functIOn of complymg with the standards for parkIng lot desIgn and attemptmg to maximIze the number of parkIng spaces beIng provIded The eXistmg shoppmg center bUlldmg is a zero side setback (north and south) The rear setback reductIOn m the southwest comer of the SIte for the new bUIldIng IS also part of complymg wIth the standards for parkIng lot desIgn and lot dimensions The proposed redevelopment of thIS parcel In order to maximIze the number of parkmg spaces m the parkIng garage IS otherwIse Impractical without deVIation from the setback reqUIrements of the Tounst DIstnct FleXibIlIty m regard to these reqUIred setbacks are also Justified by the benefits to the prOVIsIon of parkmg spaces exceedIng the reqUIred number ofparkmg spaces that wIll be aVaIlable to the public on thiS portIOn of the beach The site and bUildIng plans presently show a dumpster enclosure on the south SIde of the property, a trash chute and dumpster storage room for reSidentIal trash approximately In the mIddle of the bUIldmg (north of the electncal room) and a dumpster room toward the north Side of the bmldmg These dumpsters all have access to POInsettia Avenue for rollout pIckup servIce or dIrect truck pickup service However, the dumpsters mdlcated are madequate for the uses on thIS property (exlstmg or proposed) To resolve thIS madequacy, the applIcant has mdIcated In wntmg that the best way IS to place (2) 17 yard compactors m the proposed dumpster storage area at the northern end of the bUlldmg ThiS would reduce the number ofparkmg spaces prOVIded by one space due to the Width of the compactor (793 feet + 2'/ SIde for servIce = 11 93 feet) ThIS development WIll also be reqUired to have two addItIOnal 4 cubIc-yard rollout dumpsters and a recyclIng area These changes, acceptable to the SolId Waste Department, should be reflected on the Site and bUlldmg plans pnor to the Issuance of any permits In furtherance of SectIOn 6-104 A of the Code, any nonconformmg sIgnage for the shoppmg center Will be reqUIred to be brought Into conformance with Code provIsIOns pnor to the Issuance of the first Certificate of Occupancy for the dwellings The pelican medallions proposed for thIS new bUildIng are conSIdered signs under the prOVlSlons of the Code, and wIll reqUire the submissIon of a ComprehensIve SIgn Program The Comprehensive Sign Program may be utilized to prOVIde freestandmg and attached slgnage (and potentially to retam eXlstmg nonconformmg slgnage) m accordance with Code proVISIOns All applicable Code reqUIrements and cntena mcludmg, but not limIted to, General ApphcabIlIty cntena (Section 3-913) and Comprehensive Infill Redevelopment Project cntena (SectIOn 2- 803 C) have been met Code Enforcement Analysis: There are no outstandIng enforcement cases for thIS property Staff Report - Commumty Development Board - Apnl 19, 2005 Cases FLD2004-090n/TD R2005 -0 1015 - Page 4 of 10 COMPLIANCE WITH STANDARDS AND CRITERIA: (Sections 2-801.1 and 2-803.C): STANDARD PROPOSED CONSISTENT INCONSISTENT MAX. INTENSITY I 38,000 square feet of retail sales and X* DENSITY (1.0 FAR; service and restaurant floor area and 28 30 dwelling units per dwelling umts (mc1udes the addition of acre) (38,000 sq uare four dwelhng umts through the Transfer feet; 20 dwelling DUlts of Development Rights) maximum) IMPERVIOUS 080 X SURFACE RATIO (ISR) (0.95 maximum) LOT AREA (For 1 68 acres, 73,379 square feet X retail sales and services and attached dwellings: 5,000 - 10,000 sq. ft. mIDlmDm) LOT WIDTH (For 300 lmear feet along Mandalay X retail sales and Avenue (west) and 350 lInear feet services and attached along PomsettIa A venue (east) dwellings: 50 - 100 feet minimum) FRONT SETBACK East 477 feet (to bU11dmg) X* (0-15 feet) West zero feet (to eXIstmg bmldmg) REAR SETBACK 05 feet (to bmldmg) X* (10-20 feet) SIDE SETBACK N9rth 291 feet (to bmldmg) X* (0-10 feet) South zero feet (to dumpster enclosure), I 74 feet (to pavement) and 2 6 feet (to bUIldmg) HEIGHT (35-100 feet) 70 feet (to roof deck) with an X* addItIOnal four feet for penmeter parapets (from roof deck) and an addItIonal 16 feet for rooftop paVIlIon (from roof deck) PARKING SPACES 355 spaces X (a) (232 spaces reo.) (a) Retail sales and servIces five spaces per 1,000 square feet, attached dwellmgs 1 5 spaces per umt, Total reqUired = 232 spaces * See dlSCUSSlOD under AnalysIs Staff Report - Commuruty Development Board - Apn119, 2005 Cases FLD2004-09072/TD R2005 -0 1015 - Page 5 of 10 COMPLIANCE WITH COMPREHENSIVE INFILL REDEVELOPMENT PROJECT FLEXIBILITY CRITERIA (Section 2-803.C): Consistent Inconsistent 1 The development or redevelopment of the parcel proposed for X development IS otherwise Impractical without deviations ITom the use, mtensIty and development standards 2 The development of the parcel proposed for development as a X Comprehensive lnfill Redevelopment Project WIll not reduce the fair market value of abuttmg properties 3 The uses wlthm the ComprehensIve Infill Redevelopment Project are X otherwIse permItted III the City of Clearwater 4 The use or mIX of uses wIthm the Comprehensive In fi 11 X Redevelopment Project are compatIble with adjacent land uses 5 The development of the parcel proposed for development as a X ComprehensIve Inti 11 Redevelopment Proj ect will upgrade the Immediate VICInIty of the parcel proposed for development 6 The desIgn of the proposed Comprehensive Infill Redevelopment X Project creates a form and functIon that enhances the commumty character of the Immediate VICInIty of the parcel proposed for development and the City of Clearwater as a whole 7 FleXibIlIty In regard to lot wIdth, reqUired setbacks, heIght and off- X street parkmg are Justified by the benefits to commumty character and the Immediate VICInIty of the parcel proposed for development and the City of Clearwater as a whole 8 Adequate off-street parkmg In the Immediate vlclmty accordmg to the X shared parkmg formula m DlvIslOn 14 of Article 3 WIll be aVailable to aVOid on~street parkmg m the ImmedIate vlcmIty of the parcel proposed for development 9 The desIgn of all bUlldmgs complIes with the Tounst Dlstnct desIgn X gUldelmes m DlvlslOn 5 of ArtIcle 3 * See dlscusslOn under AnalysIs Staff Report - Commumty Development Board - Apnl 19, 2005 Cases FLD2004-09072/TDR2005-01015 - Page 6 of 10 COMPLIANCE WITH GENERAL STANDARDS Section 3-913 : ConSistent Inconsistent Development of the land will be In harmony with the scale, bulk, X covera e, densIt and character of ad acent ro ertIes 2 Development will not hmder or discourage development and use of X ad acent land and bUlldm s or Sl mficantl 1m air the value thereof 3 Development will not adversely affect the health or safety of persons X resldmg or workm m the nel borhood 4 Develo ment IS desl ed to minImize traffic con estlOn X 5 Development IS consIstent With the communIty character of the X Immediate vlclmt 6 Design of the proposed development mInimIZeS adverse effects, X mcludmg vIsual, acoustIc and olfactory and hours of operatlOn 1m acts on ad acent ro ertIes * See discussion under Analysts COMPLIANCE WITH TRANSFER OF DEVELOPMENT RIGHTS STANDARDS (Section 4-1403): Consistent Inconsistent 1 The development of the parcel proposed for development WIll not X reduce the fair market value of abuttmg property 2 The uses wlthm the project are otherwIse permitted III the CIty of X Clearwater 3 The uses or mix of uses withIn the project are compatible with X adJacent land uses 4 The development of the parcel proposed for development wIll X upgrade the ImmedIate VICInity of the parcel proposed for development 5 The deSign of the proposed project creates a form and functlOn whIch X enhances the commumty character of the ImmedIate VICInIty of the parcel proposed for development and the City of Clearwater as a whole · See discussIOn under AnalysIs FINDINGS OF FACT AND CONCLUSIONS OF LAW: FINDINGS 1 The subject 1 68-acre sIte IS zoned Tounst Dlstnct and IS located wIthm the Retail and Restaurant Dlstnct of Beach by DeSign, 2 The current use of the sIte IS for a 38,000 square-foot shoppmg center for retail sales and restaurants W lth 101 parkIng spaces east of the bUildmg, Staff Report - Conunumty Development Board - Apnl 19, 2005 Cases FLD2004-090n/TDR2005-01015 - Page 7 of 10 3 The applIcant IS proposmg redevelopment of the site for mIxed use, mcorporatmg the eXlstmg 38,000 square-foot shoppmg center with the constructIon of a new bUlldmg for 355 parkmg spaces and 28 attached dwellmgs, 4 Commercial uses, mcludmg retail sales, restaurants and overnIght accommodatIOn uses, dommate thiS tounst area along and east of Mandalay Avenue, 5 Attached dwellIngs are bemg constructed wIthm close proxImIty of thiS Site, mcludmg the Belle Harbor project north of Baymont Street (under constructIOn), Mandalay Beach Club to the southwest across Mandalay Avenue (completed) and the proposed Sandpearl project across Mandalay Avenue, 6 The proposal provIdes excess parkmg available to the general publIc, WhICh will be convement to patrons of the Retail and Restaurant DIstnct of Beach by Design, 7 While reductIOns to setbacks to bmldmg and pavement are requested, these reductIOns are consIstent WIth eXlstmg setbacks to bmldmg and pavement for the eXIstmg shIppmg center and of the surroundmg area, 8 The proposal IS compatIble WIth the surroundmg development, and will upgrade and enhance the commumty character and visual appearance of the Immediate vlcmlty, 11 FleXibilIty m regard to reqmred setbacks are Justified as a functIon of the locatIOn of the eXIstmg shoppmg center bUlldmg, compltance WIth the standards for parkmg lot desIgn, stairwell desIgn and the benefits to the provISIon of parkmg spaces exceedmg the reqUIred number of parkmg spaces (excess spaces available to the publIc on thiS portIon of the beach), and 12 There are no actIve code enforcement cases for the parcel CONCLUSIONS OF LAW 1 Staff concludes that the proposal compiles WIth the FleXible Development cntena as a ComprehenSive Infill Redevelopment Project per SectIOn 2-803 C 2 Staff further concludes that the proposal IS m compliance With the General ApplicabIlIty cntena per Section 3-913 and the other standards of the Code, 3 Staff concludes that the proposal complies With the Transfer of Development Rights per SectIOn 3-1403, 4 Staff concludes that the proposal complies With Beach by Design, and 5 Based on the above findmgs and proposed condItIons, Staff recommends approval of thIS applIcatIOn SUMMARY AND RECOMMENDATION: The Development Review CommIttee reviewed the applicatIOn and supportmg matenals on November 12, 2004, and December 2, 2004 The Planmng Department recommends APPROV AL of the (1) FleXible Development applIcatIOn to permIt a mixed use (proposed parkmg garage and attached dwelhngs m conjunctIOn With eXIstmg retml sales) With a reductIOn to the front (east) setback from 25 feet to 477 feet (to bUlldmg), a reductIon to the Side (north) setback from 10 feet to 291 feet (to bUlldmg), reductions to the SIde (south) setback from 10 feet to zero feet (to dumpster enclosure), from 10 feet to 1 74 feet (to pavement) and from 10 feet to 26 feet (to bmldmg), a reductIon to the rear (west) setback from 20 feet to 0 5 feet (to bmldmg), to mcrease the bmldmg height from 35 feet to 70 feet (to roof deck) WIth an additIonal four feet for Staff Report - CommunIty Development Board - Apn I 19, 2005 Cases FLD2004-090nffDR2005-0 1015 - Page 8 of 10 penmeter parapets (from roof deck) and an addltIOnal16 feet for rooftop pavIlion (from roof deck) and to permit a buildmg wIthm the vISIbIlIty tnangles, as a Comprehensive Infill Redevelopment ProJect, under the provIsions of Section 2-803 C, and a reduction to the wIdth of foundatIOn landscapmg along POInsettIa Avenue from five feet to 477 feet, as a ComprehensIve Landscape Program under the proVISIOns of Section 3-1202 G, and (2) Transfer of Development RIghts of four umts from 656 Bayway Boulevard, under the provIsIOns of SectIOn 4-1402 (TDR2005-01015) for the site at 483 Mandalay A venue, with the followmg bases and condItIons Bases for Approval 1 The proposal complies WIth the FleXIble Development cntena as a ComprehensIve Infill Redevelopment Project per SectIon 2-803 C, 2 The proposal IS m complIance WIth other standards In the Code mcludmg the General ApplIcabilIty Cntena per SectIOn 3-913, 3 The proposal complIes WIth the Transfer of Development RIghts per SectIOn 3-1403, 4 The proposal complIes WIth Beach by Deslgn, and 5 The development IS compatIble With the surroundmg area and wIll enhance other redevelopment efforts CondItIons of Approval 1 That the final design and color of the bUIldmg be consIstent WIth the conceptual elevations submitted to, or as modIfied by, the CDB, 2 That tenant storage umts on Level Seven be for storage only, 3 That the pavilIOn on the roof be open-air and not be enclosed In any manner, 4 That the southern resldent/emergency eXit dnveway be used for both mgress and egress at appropnate times dunng peak events, 5 That replacement tree calculatIOns be revised, acceptable to the Planmng Department, pnor to the Issuance of any permits, 6 That a special warranty deed, specIfymg the number of dwellIng umts bemg conveyed or sold from 656 Bayway Boulevard and bemg transferred to thIS Site, be recorded pnor to the Issuance of any permits for thIS project The speCial warranty deed shall also contain a covenant restnctmg m perpetUity the use of all platted lots at 656 Bayway Boulevard due to the transfer of development nghts Any mortgage holder of the sendmg SIte (656 Bayway Boulevard) shall consent to the transfer of development nghts pnor to the Issuance of any permits, 7 That all proposed utilities (from the nght-of-way to the proposed bUlldmg) be placed underground CondUits for the future undergroundmg of eXIstmg utilIties wIthm the abuttmg flght-of-way shall be Installed along the entIre sIte's street frontages pnor to the Issuance of a Certificate of Occupancy The applIcant's representatIve shall coordmate the size and number of condUits With all affected utility proViders (electnc, phone, cable, etc), WIth the exact location, sIZe and number of condUits to be approved by the applIcant's engmeer and the CIty'S Engmeenng Department pnor to the commencement of work, 8 That all eXlstmg nonconfonmng freestandmg and attached slgnage be brought mto conformance WIth Code proVISIons pnor to the Issuance of the first CertIficate of Occupancy for the attached dwellmgs The ComprehenSive SIgn Program may be uhlIzed to prOVide freestandmg and attached sIgnage m accordance WIth Code prOVISions, SlaffReport - Commumty Development Board - Apn119, 2005 Cases FLD2004-09072/TDR2005-0 1 0 15 - Page 9 of 10 9 That changes to the number and locatIOn of trash contamers, trash rooms and enclosures, acceptable to the SolId Waste Department and other DRC members, be reflected on revIsed site dlld bUlldmg plans pnor to the Issuance of any permits, 10 That dumpster enclosures meet Sohd Waste Department SIze reqUIrements and be conSIstent m extenor matenal and color as the hotel bUlldmg, 11 That, a condominIUm plat be recorded pnor to the Issuance of the first CertIficate of Occupancy, 12 That, pnor to the Issuance of the first CertIficate of Occupancy, traffic Impact fees be assessed and patd, 13 That all Parks and RecreatIon fees be patd pnor to the Issuance of any pemnts, and 14 That all FIre Department reqUirements be met pnor to the Issuance of any permIts Prepared by Plannmg Department Staff ATTACHMENTS Aenal Photograph of SIte and VICInIty Location Map Future Land Use Map Zonmg Atlas Map ApplIcation S IP/anmng DeparlmenllC D BIFLtX (}LD)IPendmg caseslUp for the nut CDBIManda/ay 483 Pelican Walk Garage (1) 4 19 05 CDB - WWlMandalay 483 SiaffReprmfur 41905 CDB doc StafTReport - Comrnulllty Development Board - Apn119, 2005 Cases FLD2004-09072!TDR2005-01015 - Page 10 of 10 MAY-25-1997 04 26 P.0V01 N ICI<OI..A5 ( ~'D~~ Clearwoter COPIES TO CITY COUNCIL MAR 28 2005 PRESS CLERK/ATTORNEY .~I'()I~I'-,jr\~.;'I. l^"W 791 BoIf\NQ)/ Boulevard Florida March 24, 200S 33767-2610 727.447 l005 Fax Mayor Frank Hibbard Clty of Clemwater 112 S Osceola Ave , (33756) Post Office Box 4748 Clearwater, FL 33758-4748 , 727 447 1075 VoIce "WWW Eke-Low com Re. Pelican Walk/City of Clearwater Parking Garage Dear Mayor H1bbard: As you know, B I.B.t Inc., has been makmg efforts to get the planning department to finally approve the captIoned garage and condomnuum project. At tlus time, BJ .E., Inc.t no longer mshes the grant from the city Bl,E., Inc, w1l1 still construct the parlang garage, a portIOn ofwhlch will still be open to the public. B J E., Inc., requests, however, that the aty cooperate Wlth its iUcltitect and engmeers in approving the project as well as comrmt to enfoTCmg applicable parIang regulations. Fmally, B J.E., Inc. requests appropnate city SlgnSge be placed startmg at the traffic circle to direct traffic to the parkIng garage. If you have any questions or concerns, please do not heS1.tate to contact the 1.U1dersigned. Thank you. !~ ~a/"~ , EKONOMIDES, P A. , F'\V" '........ NCElpJc Cc BJ.E.t Inc. TOTAL P_01 PROJECT SITE l~nDl Dl~ ~' N;AC1A '" ~EA!:9ETc:::::::J ~09S ~o;~ CJ D~UiU\[ [j~ __v 3- e..a.....hII01'fT A /FIlii /!f\!J .. ! "" ~1 WAWI "" "'~SI:E Location Map Owner I BJE, Inc. I Case Property Size (Acres). FLD2004-09072/ TDR2005-0 1015 Site 483 Mandalay Avenue 1 .68 acres PIN. 08/29/15/16434/00 1/0020 I Atlas Page 267 A Aerial Map Owner I BJE, Inc. I Case Property Slze{Acres J' FLD2004-09072/ TDR2005-0 1015 Site 483 Mandalay Avenue 1 .68 acres PIN: 08/29/15/16434/001/0020 I Atlas Page: 267A L_~ ;1 ~~ -I / f--- P;;:R-1 t=---..., -51- f I j- :>m f- r_~f 55 I sr-- r=:.-. 54 I 6~ ~~; J ~ 52 ..Lf- 6~ r-: 62- f-51 63-- f- 50 ~--- ~4e,r-:-:: ..,..... I ~ ~ 9 ---~___ ~ ,-- U-tJ -__.-1 --..j.8 66 - ~47._~ ----.JlJ~ ~ 68";,1- ~~- 6s----f- I J'AA ' I "'t6t I 70 i ..l13 II I l~ -- ---7-1 wolf !!t SAN MARCO;; ~ =- q ~ - ---..... .... -, "71'01 /I ~ , f-JL! 4ft, :!'of -1 !-........:y .c:: , 731 J ~ I --.:.. ~ 46i Ill; : 741 I I _ I f84 l~-i -1 751 --;;-/ u I ~ f I I I I "~7 k'"' I " I '! r' I I I I i I I I............""'--__~ (----....--------1 ! 499 45i II -, ~t --m::----44.J r- I -,431 ~21 41 '-I I ---r- I ~ I I I J I I I r ,-----__J I I I ~ I --------, j t-- I I I UDR'---l ! L________ L_________, I........,~lr 1 " L '9 'fB - _~.~I I /' ,I L__tQj ~__~ -/ Ii) --=r- ] .~T ,--- I ;/ ~ rl l;; 1:/ I I - ~L,__LI '-___.1 2 !!t 'IIf ~ ::J ~ ~ /40 39 -7 /38 -~'- -0'7 ! VI f ~ I T ~ 35 I' 1 II 1)34 \ ~33f' 3211 31 30 ~ 29 ~r ~"' 28 ~---~~~---- - 27 "a. -- "-l 1 1483 25 J I 3 4 ---:/5 490 6 ~nn 7V 8 9 ..,v 10 .- I Zoning Map Owner BJE. Inc. Site: 483 Mandalay Avenue I Case. Property Size (Acres) ,,'----~----~-~~~......... II II : 1;;la12t;;:ll:Ol3~ II ---------4----- - -,L__ f I 489 1 - r'--4117 - I I --481-1;-_ -.~ L ~-! I .., -Jr_....._ a 49fJ l t" 485 ____ I - i -- ! 479 -,'-- .Jr--__ LI II "it. -, -477 I I t~~ ~J.J 'i I rcl~ -5'"-; L______flll r--- _ I I I 6 r--J I - I r--- 47!i r' I , L <~ 7 4l!" '1 f r----.412.- I I ' --_ J I 8 : - I ---- I '-_J- FLD2004-09072/ TDR2005-Dl015 1 .68 acres A--- ill ~ . I I ---- ~ ~ ~ tIj ,.., ~ - ~ lLI I I L - -- 4 ~ I I L__ 48 - J ---- PIN 08/29/15/16434/00 1/0020 I Atlas Page. 267 A L--Proposed '-I; II Sand pearl pf6ject (~ot~~ an~ attached 0-' 7 r........ I .........j I" I I I / 1 '.........., ___J :~: I ! alr" [-----__J BeUJ B I borL_______-. : ~lfached.---) I I n..~, II' I I I_________y"ft'e logs I I L~_______~J =--~ 1 I __~-,"- ---~ I '-- J.L! f6jJ -, 1_ 73!getaq] I I 1 74sSales I I ~ "8f J 7!i.1----+- --~ - 75 J 46;J II I ~ Owner I Site BAYMONTST ,.--------------1 4 r I ! I I ~,.. ~ 1 : ' _ 411Jl .. _ 45!i.t,. -.if' J1 ~: ~ ~ : I n~ulIII _.~... ~-.-L::_11~r-t~!J .::.i:::--~--.:::::#J liT- t FI .....j ~ '"( E :# ~ f j43 : ~2 ; 41 ": 2 3 !tt '"( ). .:5 ~ :;z.: ~ ko 39 -1 G8 -J- --J, 7 "1.~ I .), l--J /' , f ~, 5 ~ 35 ! (I ~ 34 i ~J33 f I 32 : 31 : 490 I 1483 4 h (/' \\"7n 7U I , ! II _ ._ 30 J Sale"' 29 I ~"' 28 27 J/I ...~ -- 8 9 10 "'~ I . I I J "~7 25 !' I - J Existing Surrounding Uses Map BJE, Inc. \ Case. Property SlZe(Acres) 483 Mandalay Avenue A---- "11 . . I I ---- .;r---------~-~--" : \1 I -~:a.t;;...IA.-f;l 1 "RetaIl ~81es ---------4------ ---,L-_L. I ~ 489 'i - ,--- 4lI! J I r r j .;. J r .:.-48W ,-;- _ 4 l, '"'ylE::l....j ur accomll '1*' s 48!i , ! - ,~ --___ t I --- L1479 1 -- -iF----1 .J I i"t , L~~_l _ ,~ f ~-5~~ I L__~~__,k r-_.J --- I lwemight I ilCCOnll.!lofila1ionJ L~ 7 473'-, I ----412.- , I ' -__! 18 I -. I - -.J --1__J FLD2004-09072/ TDR2005-0 1015 1 .68 acres ~ ~ o ~ .... tIJ ~ ill /- I I L - f-- 1:."7 1 f---- T~-1 ~---__ ~ I -r- ~t5 f-- _~155 l 5$ ~ ~ sr-- ~~ ; '- ~....! 6 52 --'- b_I__ -- __ 62 - r-2!. _ _ 6t- ~ ---:"-:'---;"--$1-__ I ____ U"'T --! ~ 9 -='--"ft5--"'Y'--=-:J 8 .- :--l f-- -+ Sa~earl I "'=::L41_~ --Jl[Mf"ct - ~ lr;:~~-; ~-45-_ _..69, hed T JA. J C! ~ft4 f d~ll~ ~~ SAN MARCO ;; Ove~gtit--L accomP9Jdatm~ s I _ _-J~I I I !___tQ_fC__~7 ,-/ J r-l --r' 1 ~ ~ I I Ln 46 J--- J ---- PIN. 08/29/15/16434/00 1/0020 1 Atlas Page. 267 A P.LANNING AND ZONING P'"' t.\RD REVIEW Page 1 of9 ~ Wells, Wayne From Akin, Pam Sent Monday, Apn I 11, 2005 10 53 AM To Oelk, Michael Cc Tarapanl. Cyndl, Wells. Wayne Subject RE Idlewlld 12 Staff Report for 41905 CDS - Pam - These look like reasonable and normal conditions Advise as to how you think we should proceed based on your comments last night These are getting ready to be sent out today or Monday mlchael They look fine to me mnOnglnal Messagemn From: DeJk, Michael sent: Fnday, Apnl 08, 2005 10 20 AM To: Akin, Pam Cc: Tarapam, Cyndl, Wells, Wayne Subject: Idlewlld 12 Staff Report for 4 1905 COB - Pam - These look like reasonable and normal conditions Advise as to how you think we should proceed based on your comments last night These are gettmg ready to be sent out today or Monday, mlchael CDB Meetmg Date Case Numbers Agenda Item Owners ApplIcant RepresentatIve Address Ann119.2005 FLD2004~ 1 0076/TDR2004-l 0014 D5 Haddon House Inn. Inc Haddon House of Clearwater. LLC Mr Housh Ghovaee. Northslde Engmeenng Services. Inc 12 IdlewIld Street CITY OF CLEARWATER PLANNING DEPARTMENT ST AFF REPORT GENERAL INFORMATION: REQUEST: Flexible Development approval to permit attached dwellIngs wIth reductIOns to the front (south) setback from 25 feet to 15 (to bUilding) and from 25 feet to 42 feet (to trash stagmg area), a reductIOn to the front (west) setback from 25 feet to eIght feet from the Coastal ConstructIon Control Lme (to pool deck), reductIOns to the sIde (north) setback from 10 feet to 5 9 feet (to bUlldmg) and from 10 feet to five feet (to pool deck) and from 10 feet to 2 feet (to sidewalk), a reductIon to the side (west) setback from 10 feet to 3 2 feet (to sIdewalk), a reductIon to the sIde (east) setback from 10 feet to 6 feet (to sidewalk), and an Increase to heIght from 30 feet to 64 feet (to roof deck) wIth an additIOnal 4 16 feet for penmeter parapet (from roof deck) and an addItIonal 15 83 feet for a rooftop pavlhon (from roof deck), and change of use from Overnight 4/11/2005 P,LANNING AND ZONING P" '\RD REVIEW Page 2 of9 AccommodatIOns to Attached Dwellmgs as a Residential Infill ProJect, under the provISions of Section 2-404 F * * The advertised request mcluded the Transfer of Development RIghts (TDR) of one umt to thIS site from 321 Coronado Dnve under the provIsions of Section 4-1402 Refined property SIze figures were submItted subsequent to the advertlsmg submittal deadline The SIze of the site proVided on the FleXible Development ApplIcation IS 046 acres which would provIde for 13 dwellmg umts The actual size of the site (as mdlcated III the submitted site plan data table) IS 0 47 acres which proVides for a maxImum of 14 dwelling umts Therefore, the request for the TDR IS unnecessary has been withdrawn and should not be consIdered as part of this apphcatlOn EXISTING ZONING/ LAND USE: MedIUm High DenSity ReSIdential (MHDR) DlstnctJResldentlal High (RH) Category, PROPERTY SIZE: 047 acres PROPERTY USE: Current Use Overnight accommodatIOns (13 rooms) Proposed Use Attached dwellmgs (14 condommIUm umts) ADJACENT ZONING/ North MedIUm High DenSity ReSidentIal, Attached dwellmgs LAND USES: East MedIUm High DenSity ReSidentIal, Attached dwellIngs South MedIUm High DenSity ReSIdential, Attached dwellIngs West GulfofMexIco CHARACTER OF THE IMMEDIATE VICINITY: The surroundmg area IS a mIxture of attached dwellings and overnight accommodatIOn uses UPDATE: At their meetmg on March 22, 2005, the Commumty Development Board (CDB) approved thiS applIcatIOn, but contmued It to the Apn119, 2005, COB meetmg to attach condItIons of approval The followmg ConditIons of Approval are suggested CondItions of Approval 1 That the final deSIgn and color of the bUlldmg be consistent WIth the conceptual elevatIOns submItted to, or as modified by, the CDB, 2 That a Umty ofTltIe be recorded m the public records pnor to the Issuance of any permIts, 3 That any future freestandmg SIgn be a monument-style SIgn a maximum four feet m height and deSigned to match the extenor matenals and color of the bmldmg, 4 That the cabanas on the ground floor be used for storage only, m complIance With all Federal Emergency Management AdmInistratIon (FEMA) rules and gUldelmes EVidence of thiS restnctlOn of use, embodIed m condommlum documents, homeowner's documents, deed restnctIons or hke forms, shall be submItted to the Bmldmg OffiCIal pnor to the Issuance of the first CertIficate of Occupancy, 5 That all FIre Department reqUirements be met pnor to the Issuance of any permIts, 6 That all proposed utIlItIes (from the nght-of-way to the proposed bmldmg) be placed 4/11/2005 ~LANNING AND ZONING P""' <\RD REVIEW Page 3 of9 underground CondUits for the future undergroundmg of eXlstmg utIlitIes wIthm the abuttmg nght (s)-of-way shall be mstalled along the entIre sIte's street frontages pnor to the Issuance of a CertIficate of Occupancy The applicant's representative shall coordmate the size and number of condUIts WIth all affected utIhty prOVIders (electnc, phone, cable, etc ), With the exact locatIOn, size and number of condUIts to be approved by the applicant's engmeer and the CIty's Engmeenng Department pnor to the conunencement of work, 7 That all Parks and RecreatIOn fees be patd pnor to the Issuance of any pernllts, and 8 That a condommmm plat be recorded pnor to the Issuance of the first CertIficate of Occupancy ANALYSIS: Site Location and Existing Conditions: The 047-acre SIte IS located on the north Side of Idlewlld Street, approximately 125 feet west of Mandalay Avenue The site has 195 feet of frontage on IdlewIid Street and extends an addItIonal 70 feet west of the end of IdlewIld Street The property IS an odd shaped lot composed of two equal Sided polygons The larger portIOn of the sIte IS a 175 by 87-foot east/west rectangle along IdlewJld Street and the smaller portIon IS a 60 by 90 foot rectangle the west end of which extends west of the Coastal ConstructIon Control Lme (CCCL) The parcel IS zoned Medium High DenSIty ReSIdentIal (MHDR) Dlstnct and IS currently developed With a nonconformmg overnight accommodatIon use The Haddon House, bUIlt In 1925, IS one of the two oldest rental umts on the beach and IS the oldest house on the beach The eXlstmg bUIldmg IS umque and attractIve to the "Old Flonda Dlstnct" The site mcludes back out parkmg on Idlewlld Street and there IS hmlted landscapmg The SIte IS located wlthm the speCIal area redevelopment plan, Beach by DeSign, as part of the "Old Flonda Dlstnct" The Immediate vlclmty IS almost entIn~ly composed of attached dwellIngs With a condo bUIldIng on the south Side of Idlewlld Street and a restaurant on the north SIde of IdlewIld near Mandalay BUIldIngs m the dlstnct are of varymg heIghts from smgle story to an approved 6~story blllldmg Two blocks north of 1dlewIld Street and to the west of Mandalay Avenue are two approved condommlUm developments, Chateau of WhIte Sands, located at 15 Somerset Street, IS 61 66 feet III height and Chalets on White Sands, located at 14 Somerset Street, IS 56 feet m height Proposal: The proposed bmldmg WIll have SIX hvmg floors (64 from BFE [base flood elevatIon] to roof deck), WIth varymg numbers of umts per floor Levels 2 and 3 are proposed WIth three umts each, Umt CIS 1,979 square feet ofhvmg area With 270 square feet of balcony, Umt B IS 2,002 square feet ofhvmg area WIth 262 square feet of balcony and Unit A IS 2,282 square feet of hvmg space WIth 387 square feet of balcony Level 4 mcludes Umts A and B plus a clubhouse With 1,390 square feet of floor area and 599 square feet ofba1cony space Levels 5 and 6 mclude two floor plans With Umt A compnsmg 2,282 square feet of hvmg space and 387 feet of balcony Umt B mcludes 2,003 square feet of hvmg area and 555 square feet of balcony Elevators m the center of the bUIldmg Will proVide access to the umts Two staIrwells are located on the northern Side of the bUIldmg SIdewalks WIll be constructed wlthm the nghts-of~way of Idlewlld for pedestnan safety, where no Sidewalks presently eXist The proposal also prOVIdes a turn around that meets fire reqUIrements 4/11/2005 ,... Wells, Wayne From Sent To Cc Subject Keith Zayac [kelth@kellhzayac com] Wednesday, Apnl 06,20054 10 PM Wells, Wayne, Richard Marcel Spencer & Associates 1, eanastasopou los@yahoo com Re FLD2004-09072/TDR2005-01015. 483 Mandalay Avenue After R1chard's meet1ng w1th Tom Glenn I bel1eve we can adequately serV1ce th1S proJect w1th two compactors, a dumpster and a recycl1ng area I would propose that we prov1de one compactor 1ns1de the garage where the proposed dumpster locat1on lS shown, along w1th another compactor next to 1t wh1ch w1l1 requ1re the proposed open1ng to expand to allow the second compactor, and the loss of one park1ng space We would also prov1de the dumpster currently shown at the south end of the bU1ld1ng and the recyc11ng locat1on currently shown 1n the park1ng garage I am assum1ng th1S lS 80meth1ng m1nor that can be done dur1ng bU1ldlng plan preparat10n S1nce the only real change would be to swap out a dumpster for a compactor and add another compactor Th18 recommendat1on 18 made wlthout knowlng the eX1st1ng or future needs for trash p1ckup and the prev10us hlstory of the dumpster dlScuss10ns for the eX1st1ng property Ke1th E Zayac, P E , RLA Ke1th Zayac & Assoclates, lnc 701 Enterpr1se Road E , Ste 404 Safety Harbor, FL 34695 727-793-9888 phone 727-793-9855 fax ----- or1g1nal Message From "R1chard Marcel" <R1chard@Ke1thzayac com> To U'Ke1th zayac'" <ke1th@Kelthzayac com> Sent wednesday, Aprll 06, 2005 10 46 AM SubJect FW FLD2004-09072/TDR2005-01015 - 483 Mandalay Avenue > > > -----or1g1nal Message----- > From Wayne wells@myClearwater com [mallto Wayne Wells@myClearwater com] > > Sent wednesday, Apr1l 06, 2005 8 09 AM > To Rlchard@Kelthzayac com > SubJect RE FLD2004-09072/TDR2005-01015 - 483 Mandalay Avenue > > R1chard - > Based on the lnformatlon conta1ned 1n your memo, what, lf any, changes > are be1ng made on the s1te and bU1ldlng plans to effect the dumpster > needs and when posslbly w1ll I recelve any of these changes? I am > currently trY1ng to flna11ze a Staff Report > Wayne > > -----orlglnal Message----- > From Rlchard Marcel [mallto Rlchard@Kelthzayac com] > Sent Wednesday, Apr11 06, 2005 7 03 AM > To Wells, Wayne '> SubJect RE FLD2004-09072/TDR2005-01015 - 483 Mandalay Avenue > '> > wayne, '> Attached is a memo I put together In regards to the lnsufflclent > dumpster space Please glve me a call lf you have any questlons 1 ~ > > Thank you, > > Rlchard Marcel > > -----orlglnal Message----- > From Wayne Wells@myClearwater com [mallto Wayne Wells@myClearwater com] > > Sent Tuesday, Apr~l 05, 2005 5 24 PM > To Rlchard@Kelthzayac com > Cc kelth@kelthzayac com > SubJect RE FLD2004-09072/TDR2005-01015 - 483 Mandalay Avenue > > Status? I have not recelved any memo or anythlng else > > > -----Orlglnal Message----- > From Rlchard Marcel [mallto Rlchard@Kelthzayac com] > Sent Tuesday, March 29, 2005 8 25 AM > To Wells, Wayne > SubJect RE FLD2004-09072/TDR2005-01015 - 483 Mandalay Avenue > > > Deflnltely Wayne, I am ln the process of typlng up a memo for the > dumpster storage space and once I flnlsh you wlll deflnltely be CC on > It I am gOlng to try to flnlsh thlS memo by noon > > Thank you, > > Rlchard Marcel > Kelth Zayac & Assoclates, Inc > > -----Orlglnal Message----- > From Wayne Wells@myClearwater com [mallto Wayne wells@myClearwater com] > > Sent Tuesday, March 29, 2005 7 58 AM > To Rlchard@Kelthzayac com > SubJect FLD2004-09072/TDR2005-01015 - 483 Mandalay Avenue > > Richard - > > On March 21, 2005, I sent you an emall outllnlng two lssues needlng > reV1Slons on the plans One of the lssues was related to the dumpsters > We met on Frlday, March 25, 2005, and dlscussed the lssues We set up a > meetlng for you wlth Tom Glenn for 9 am on Monday, March 28, 2005 > > Could you let me know what was the outcome of your meetlng wlth Tom > Glenn and any reV1Slons that wlll be made to the slte/archltectural > plans? If there are any reV1Slons, when wlll they be submltted to me? > > Wayne > > > > > > > > > 2 Wells, Wayne From Sent To Cc Subject Keith Zayac [kelth@kelthzayac com] Wednesday, Apnl 06,2005426 PM Wells, Wayne Spencer & Assoclates1, eanastasopoulos@yahoo com Re Pelican Walk Garage and Condos It ~s my understand~ng that it does not change the des~gn, but only the C~ty part~c~pat~on ~n parcel payment of the garage I would ~nclude theletter ~n the package Can you th~nk of anyth~ng as far as requests that the letter would change ~f ~t ~s only on the f~nanc~al s~de? Ke~th E Zayac, P E , RLA Ke~th Zayac & Assoc~ates, Inc 701 Enterprlse Road E , Ste 404 safety Harbor, FL 34695 727-793-9888 phone 727-793-9855 fax ----- Qrlglnal Message From <Wayne Wells@myClearwater com> To <ke~th@kelthzayac com> Sent Wednesday, Aprll 06, 2005 8 14 AM SubJect pel1can Walk Garage and Condos Ke~th - Based on the letter sent to the Mayor from N~ckolas Ekonom~des, what changes 1n the appl1cat1on mater1al 1S necessary, or should we Just ~nclude the letter ~n the package to the CDB and speak of the change In pos~t~on In the Staff Report? I am trYlng to f1nal1ze my Staff Report, so I need to know as soon as posslble Thanks Wayne 1 Wells, Wayne From Sent To Subject ~ Clearwater Gazette and Beach V Wayne, FYI Mike Reynolds, Mike Fnday, Apnl 08, 2005 1 24 PM Wells, Wayne Clearwater Gazette and Beach Views 1 '- ,OJearwater Gazette and Beach u'ews Page 1 of2 t rubll~hcJ W~d.Jy ')IIIL': 1950 - ~l!J!1I':l~l:'\EllJ~H!n mur/! af C1nirii4,e~~, ':it~\~-i!5'L~....J::d... ~ Pelican Walk And Clearwater Terminate Garage Agreement by Carl Wagenfohr CLEARW ATER - The City and LOUIS Anastasopoulos, owner ofPehcan Walk, ended their pubhc/pnvate partnershIp for the constructIon of a 300-space parkmg garage on North Clearwater Beach on Monday The City had agreed to contrIbute $1 4 mIllIon to the garage constructIon costs m exchange for Anastasopoulos' agreement that the garage be avmlable to the general publIc, that It be open from lOAM to 10PM, and that the parkmg rates not exceed 150% of City off-street parkmg rates The agreement called for the start of constructIOn by September 30,2004 But Anastasopoulos was unable to meet that date and requested a sIx-month extensIOn, whIch the CIty CounCIl granted Anastasopoulos was unable to meet the March 31 deadlme and, m a letter from hIS attorney NIckolas Ekonomldes on March 24, stated that he "no longer wishes the ($1 4 millIon) grant from the CIty" The letter stated hIS contmued mtent to construct the garage and have It open to the publIc Anastasopoulos' plans mclude 3 floors of condommIUms, 28 umts III all, over the 4 floors of parkmg The garage WIll have 354 parkmg spaces, enough for the condo owners plus the 300 ongmally planned for the public, Anastasopoulos said The project IS scheduled for a Commumty Development Board heanng on Apnl 19 Anastasopoulos plans to start constructIOn as soon as he can obtam permIts, and anticipates constructIon to take no more than 16 months Asked why he sought tennmatlon of the agreement, Anastasopoulos Said, "I didn't want to be obligated to the City," and expressed frustratton WIth the lengthy City approval process He added, "They (the CIty) will have what they hoped for the public Without any publIc funds, I'm showmg agam that I'm a good cItIzen" The termmatIon ofthe agreement frees-up the $1 4 mIllIon the City had commItted to the project Counctlmember Hoyt Hamilton SaId, "I absolutely believe we should use that money for the same purpose" He named 4 CIty-owned sites on whIch a garage could be bUIlt South Gulf view at the Adams Mark, McKay Park, Clearwater Beach Rec Center, and Manda1ay Park between the Rockaway Gnll and Palm PaVIlIon Because Hamilton's faImly owns the Palm PaVIlIon, he SaId he'd partiCIpate III diSCUSSions about Mandalay Park, but would recuse himself from votmg on any resolutIOn Involvmg It Mayor Frank HIbbard saId that Mandalay Park IS the most logIcal place for a North Beach CIty-owned garage He favors a concept that would mcorporate the Clearwater Beach FIfe StatIOn and the Beach LIbrary branch m the same structure fi Ie lie \Documen ts%20and %20S ettmgs \ wayne wells\Local %2 OS ettmgs \ T emporary%2 OInt 4/8/2005 :J - I Clearwater Gazette and Beach' , ~ws Page 2 of2 The North'Beach parkmg Issue and use of the $1 4 mllhon that had been dedicated to PelIcan Walk wIll be on the agenda at the next Councll Work SessIOn on Apnl18 Return to Home Page Return to Cunent EditIOn Contact us file /IC \Documents%20and%20Settmgs\wayne wells\Local%20Settmgs\ Temporary%20Int 4/8/2005 .. J. Emall from K. zayac re dumpsters 4.6.05 From. Kelth zayac [kelth@kelthzayac.com] Sent. Wednesday, Aprll 06, 200S 4'10 PM To wells, wayne; Rlchard Marcel cc spencer & Assoclates1, eanastasopoulos@yahoo,com subJect Re FLD2004-09072jTDR2005-01015 - 483 Mandalay Avenue After Rlchard's meetlng wlth Tom Glenn I bell eve we can adequately serVlce thlS proJect wlth two compactors, a dumpster and a recycllng area. I would propose that we provlde one compactor 1nSlde the garage where the proposed dumpster locatlon lS shown, along wlth another compactor next to 1t WhlCh wlll requlre the proposed open1ng to expand to allow the second compactor, and the loss of one park1ng space. We would also provlde the dumpster currently shown at the south end of the bU1ldlng and the recycllng locatlon currently shown In the parklng garage r am assum1ng thlS 1S someth1ng mlnor that can be done durlng bU1ldlng plan preparat10n Slnce the only real change would be to swap out a dumpster for a compactor and add another compactor ThlS recommendat1on lS made wlthout knowlng the eXlst1n~ or future needs for trash p1ckup and the preV10US hlstory of the dumpster dlScuss10ns for the eXlstlng property. Kelth E zayac, P.E , RLA Kelth zayac & Assoc1ates, rnc 701 Enterprlse Road E , Ste 404 safety Harbor, FL 34695 727-793-9888 phone 727~793-9855 fax --~-- orlglnal Message ----~ From' "Rlchard Marcel" <Rlchard@Kelthzayac.com> TO "'Kelth zayac'" <kelth@Ke1thzayac.com> sent: wednesday, Apr11 06, 2005 10 46 AM subJect FW: FLD2004-09072jTDR2005~01015 - 483 Mandalay Avenue > > > -----orlglnal Message----- > From. wayne.wells@myclearwater.com [mallto'wayne wells@myclearwater com] > > > > > > > > > > > > > > > > > > > > > > > Sent: wednesday, Apr1l 06, 2005 8 09 AM To R1chard@Kelthzayac.com subJect RE' FLD2004-09072jTDR2005-01015 - 483 Mandalay Avenue Rlchard - Based on the 1nformat10n conta1ned ln your memo, what, lf any, changes are belng made on the slte and bUlld1ng plans to effect the dumpster needs and when posslbly wlll r recelve any of these changes? I am currently trY1ng to f1nallze a Staff Report. wayne ---~-or1glnal Message----- From: Rlchard Marcel [mallto:Rlchard@Kelthzayac.com] Sent: wednesday, Aprll 06, 2005 7 03 AM To We 11 s, wayne SubJect: RE: FLD2004-09072jTDR2005-01015 - 483 Mandalay Avenue wayne, Attached lS a memo r put together ln regards to the lnsufflclent dumpster space. please g1ve me a call If you have any questlons page 1 . 1 Ema1l from K zayac re dumpsters 4 6 05 > Thank you, > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > R1chard Marcel -----or1g1nal Message----- From wayne wells@myclearwater com [ma1lto:Wayne wells@myclearwater com] Sent Tuesday, Apr1l OS, 2005 5 24 PM To. R1chard@Ke1thzayac com Cc: ke1th@ke1thzayac com subJect: RE. FLD2004-09072/TDR2005-01015 - 483 Mandalay Avenue Status? I have not rece1ved any memo or anyth1ng else. ---~~or1g1nal Message----- From R1chard Marcel [ma1lto:R1chard@Ke1thzayac com] Sent Tuesday, March 29, 2005 8:25 AM To wells, wayne subJect: RE: FLD2004-09072/TDR2005-01015 - 483 Mandalay Avenue Def1n1tely wayne, I am 1n the process of tYP1n~ up a memo for the dumpster storage space and once I f1n1sh you w1ll def1n1tely be cc on 1t I am gOln9 to try to f1n1sh th1S memo by noon Thank you, R1chard Marcel Ke1th zayac & Assoc1ates, Inc. ----~or1g1nal Message~~~-- From wayne.wells@myclearwater com [ma1lto:wayne wells@myclearwater.com] Sent: Tuesday, March 29, 2005 7 58 AM To: R1chard@Ke1thzayac.com subJect FLD2004-09072/TDR200S-01015 - 483 Mandalay Avenue R1chard - On March 21, 2005, I sent you an ema1l outl1n1ng two 1ssues need1ng reV1S1ons on the plans One of the lssues was related to the dumpsters. We met on Fr1day, March 25, 2005, and d1scussed the lssues. We set up a meet1ng for you w1th Tom Glenn for 9 am on Monday, March 28, 2005 could you let me know what was the outcome of your meet1ng w1th Tom Glenn and any reV1S1ons that w1ll be made to the slte/arch1tectural plans? If there are any reV1S1ons, when w1ll they be subm1tted to me? wayne Page 2 Ema1l from K zayac re reJect10n of C1ty part1C1pat1on 4 6 05 From Ke1th zayac [ke1th@ke1thzayac.com] Sent wednesday, Apr1l 06, 200S 4'26 PM To. wells, wayne CC' Spencer & Assoc1atesl; eanastasopoulos@yahoo.com subJect: Re: Pel1can walk Garage and condos It 1S my understand1ng that 1t does not change the des1gn, but only the C1ty part1c1pat1on 1n parcel payment of the garage. I would 1nclude theletter 1n the package Can you th1nk of anyth1n~ as far as requests that the letter would change 1f 1t 1S only on the f1nanc1al slde7 Ke1th E zayac, P E., RLA Ke1th zayac & ASSOC1ates, Inc. 701 Enterpr1se Road E , Ste 404 safety Harbor, FL 34695 727-793-9888 phone 727-793-9855 fax ----- or1g1nal Message ----- From <wayne wells@myclearwater.com> To <ke1th@ke1thzayac com> Sent wednesday, Apr1l 06, 2005 8 14 AM subJect Pel1can walk Garage and condos Ke1th - Based on the letter sent to the Mayor from N1ckolas Ekonom1des, what changes 1n the appl1cat1on mater1al 1S necessary, or should we Just 1nclude the letter 1n the package to the CDS and speak of the change 1n pos1t1on 1n the staff Report7 I am trY1ng to f1nal1ze my staff Report, so I need to know as soon as poss1ble, Thanks wayne Page 1 Wells, Wayne From Sent To Subject Kambourollas, Sam Thursday, April 07, 2005324 PM Wells, Wayne RE Map Request for FLD2004-09072, 483 Mandalay Avenue ~ ~ ~ ~ ~ ~ location doc future land use doc FLD Map request eXisting doc aenaldoc form doc zone doc Soto Kambourollas CAD Technician City Of Clearwater (727) 562-4769 m--Ongmal Messagemn From: Wells, Wayne Sent Fnday, April 01, 2005 8 53 AM To: Kambourohas, Sam Cc Herman, Jason SubJect Map Request for FLD20Q4-09072, 483 Mandalay Avenue Sam - Attached IS a map request for Case FLD2004-09072/TDR2005-01015 for the property at 483 Mandalay Avenue I Will bnng over the paperwork The survey that I Will bring over you may keep Thanks - Wayne <<File FLD Map request form doc>> 1 i , - From: Jim Ebert [mallto.Jebert@tlmhaahs,com] Sent: Friday, February 04, ZOOS 8-Z9 AM To: Qurllen, Michael Subject: Pelican Walk garage I::::~t fo (( e,-~-'L.... '3a-,^<' ~"5'ftL 2('-{{u~ MI ke I received WPC's revIsed sketch I recom mend m ovmg Col A 3 - 10 east to be part of the rotated stair tower wall and with a curb say 2 or 3 ft protecting the wall/column Also recommend moving Col B 3 ~ 2 east to ease the eXltmg turn Let me know If you need anythIng further Please VISit our new webslte' www tlmhaahs.com E. James Eberl, P.E. Executive Vice President Timothy Haahs & AssOciates, Inc 550 Township Lrne Road, SUite 100 Blue Bell, Pennsylvania 19422 t 484-342-0200 ext 104 f 484-342-0222 Jebert@bmhaahs com '1 ;::l I : o I -en N ELlVAIUK f o - " " , , " : W I r- 1..,-,.. 1( 'c .- " ,~ " : W I -r-- f. I '~ f --..., ~.o {-{"",,^ I RESlPENT'S ::::. ~ ENTRY /EXIT I:> Ilt..o" -w I -~ ( . <D I , i I I i f( ~ - .- .- STAIR TOWER LOAD ZONE 1'-2- 11 ( r~" , " ~L~-. j ~...J-V ~Ii~ ;~il~ 6- 1-iJ' ! - i T I r-II~~ ) f I i f- l..- I , 1'1 I~ f-' -I- UIjO :J L "- ~/ j ~ -.. ..' ../ ; I~r/ x~ "... v t% V t/:~ [7.1 , U T , I] r I ,... II I II' I~ - ~ ~- - I-J II ~ I:: ,. ~I . - 1 - ~ I: .....- ~ ~'V~I~~~ '" ~ \- (?5-'2- JV ..... ~ - Iii I 1-_---1 III libr- 111 - I~\ ~\ - ' I ~ I' f II I I I I ~ f1 1/11 I III 111 11 - I~ , f "" - 1 1! 1\t01t U :: CON _ I _ _ Vi I II: ,E QU I - --- 'F! ~ - :1 BE F _ I ~, ~wJ~ ~ :1 w!Fl _ 1 rl- ~ ( I: CON~ I L~ ~1,. iL I ~ - -aI' FOR I ,lr I In f1 I JI 80 ;01'~ _ ] ~;~ r - l' ,c::J I: ..r~ " I tlIlfiJ- n '--./ ~ ,I = = = = = =,~f' STAIR /'11/) II;, v. .l", f'il'nl \J~l~1 ",,~jf/rY TOWER I )' ".h"i("'f '" ' " j..-...: I 'l. 1~ ~o:::l....,1 '1, , ~.,.. ~ ~ ,.\, \ ~ (~~ ~ ~qJtJ~ l J \ r 1;,. t. ....~ " 't- '~f'lr~ ...'(r ':; }-r.:,,~~ r-'":l: ~ d _' ,'~"!.;; _ ,'",' ,_~ I ,i!j, J~"'" 1 " t=:~" /' iJJ%:pl:- ~ ,G::2J ~?,. - ,,; 7 .... _{, ." "' t~ \;r..>>i' "'1oj#f1:: It~ '" ~"ft '" ~ ~....'[. {I'; ~ ..!i;;\ "",~,11..1$. ~ ' ~1",\:-"JW J\\fi;A \),-",1",.;, ill" -' (.( ~ rLt: _it""" i:"'~ .'Ii~,-r. I - r--. .'" _ "'_lV ,tli"t :~,I tl;.!; 'i<I~.P :t"'"''' I' _'Ill ~ f-I . DUMPSTER HJ~ - 1 I V - ~ U 'I I I -! " ~ j ~ ~ .f,r-J. ~r ~, ....~ J-i ~~:.:t [~f. ~ -->l' t"" ~ ~ ,,1-1 ~~,-.1"1 I ~ r~~ J~\." -,f>~lJ......):{!~rl~~ "1/;", ~~-,. ~;}f"'"); ~i14flr-~~~ ~ :-~}Jf.J:.r :';J\~~'~ IL o )- I- () City of Clearwater 1005 MyrtleAv, 33756 PO Box 4748 Clearwater FL 33758-4758 ~ I " I' I" I I DA17E: FAX MESSAGE -z/vt/o-:;- _ ' _ ~ \. "' -. ~ ~- I \. j '"' I -,--:..- t t:~ .... ~ ...... ...;,/.jL>.,.....~ 1 ~I_~~\ ....t ~~ J' J ;:;~~~....-' /; ~ -I- ~.. [1", I" ..... Jo , ' t ~ ~;:;. -".... ~ ..., 1 ... 'S"...~ ~,~ ~-:~ ../..- - :~; ;.. ~ ~. ~ r--~ :~~~~ 1 ~~~~ \ ~ -r,. ~.... ....'" ';:; ~~~..( ,'" ~ (~.. & "- ~, ~ ) r - ~ ......:j FROM: ~Q* \;\~ CITY OF CLEARWATER PUBLIC WORKS ADMINISTRATION SENDING LOCATION FAX NUMBER' (727) 562-4755 OFFICE TELEPHONE NUMBER: (727) 562-4750 TO' Ketk ~C- LOCA nON 1 I I ! I ~' FAX NUMBER' (c('3 - 1B55"""" _~__< _ #~ c;t{p,!g~~p!c!u~gE9Y~ _ ~ , '" ~ I';:''' ... .-oil.,. ~ ... ~... J J. ~ L 1... ~ l ... ~_.".....: ~l" ...r;l'" } - ~..'! '7"_-":!..-_ - ~ MESSAGE: February 2, 2005 Mr Keith Zayac, P E Keith Zayac & Associates, Inc 701 Enterprise Road East, Surte 404 Safety Harbor, Florida 34695 Re Pelican Walk Parking Garage Dear Keith This letter IS to provide comments on the latest submittal from Walker Parking made by fax yesterday City staff and our consultant, JIm Ebert, have reviewed this submittal and It stili does not address the fundamental concern with the reSidential garage entrance The location and Orientation of the stallwell continues to create a sItuation where entering traffic must make a sharp right turn WhiCh, If not executed perfectly, forces them Into the oncoming traffiC lane coming down the ramp It IS the CIty's as well as our consultant's, opinion that this IS an unacceptable unsafe condition It IS my understanding that suggestions have been made prevIously on Ideas to address this concern These Included relocating the stallwell or turning It ninety degrees For some reason It appears these were never conSIdered Today we also discussed the pOSSibility of "flipping" the garage and putting the reSident entrance at the north and the publiC entrance at the south The ramp could be SWitched to go up from north to south, rather than south to north as It currently does, eliminating the conflict ' City staff IS committed to working WIth your deSign team to arnve at a satisfactory solution which will proVide a parking garage safe for both the publiC and the condominium reSidents, however, we cannot recommend proceeding WIth the current deSign Enclosed IS a letter from Jim Ebert reiterating these concerns, plus a chronology of the plan review process showing when these concerns were given to your deSign team If you have any questions or need additional Information, please call me at 562~4743 Sincerely, Michael D QUillen, P E EngIneering DIrector cc Bill Horne, City Manager Mahshld Arasteh, Public Works Administrator Cyndl Tarapam, Planning Director Scott Rice, Land Development Engineering Manager Wayne Wells, Planner Ti Ej',f,]j'U R~ A KCIIII ~ C I ~ /l i1 r kin f: I' I a " n , I[ r cl De" i: .) February 2, 2005 Mr Michael QUillen, P E City of Clearwater Engineering Department POBox 4748 Clearwater, FL 33758-4748 RE: Pelican Walk Garage Dear Mr QUillen Over the past several months] have been reviewing the proposed parking garage schematic layouts prepared by Spencer Architects ThiS IS per Timothy Haahs and Associates, lnc's scope of selVlces for the City of Clearwater I have repeatedly raised the question of a potentlally dangerous condition that eXists at the entry and eXit lanes at the southeast corner of the garage, specifically . Entering drivers will be forced to make a sharp right turn after passing through the entry lane gate, and If the turn IS not perfectly made, they are forced Into the opposIte (left hand) lane of traffic coming southbound down the ramp from above . Additionally at thiS location, there IS a solid wall (stairway) that blocks the entering driver's line of sight for the aforementIoned down bound traffic . ThiS wall also blocks the line of sight for down bound drivers to see entering, oncomIng traffiC In several conversations with the Parking Consultant, thIS condition was discussed, and It was agreed by both of us that the above created a "less than satisfactory" layout A revised layout by the Parking Consultant was later presented which attempted to mitigate these conditions, however In the opinion of the writer, an unsatisfactory, perhaps even dangerous, condition stili remainS The entry geometry and visual driVing condItIons must be corrected Upon further review of these reVISions, I will again adVise the City of my opinion Very truly yours, z. . ~r~ ~ E Ja4 Ebe~, P E Executive Vice President 550 Township Line Road SUite 100 Blue Bell, PA 19422 Phone 484 342 0200 Fax 484 3420222 www tlmhi'ldhs com Pelican Walk Parking Garage and Attached Multi~family Residential Units 483 Mandalay Avenue; FLD2004-09072/TDR2005-01015 Timeline of Key Dates Event Date . E-maIl from LIsa FIerce, advlsmg staff of design of project to add 37 resldenttal condommmm umts to the project, and that the CouncIl would be disCUSSIng the project A constructIOn deadlIne of 3-31-05 IS anttcIpated 5-24-04 . Meeting WIth applIcant and CIty Planning and Engmeenng staff City staff IS told of four levels ofresldenttal and 37 condominIUm umts as part of the structure Staff told by applIcant that a plan/applIcatIon submittal will be made III July (by 7-29-04) for a DRC meetmg on 9-9-04 6- 16-04 . E-maIl from Lisa Fierce to Steve Spencer as a summary of 6-24-04 pOInts dIscussed at a meetIng WIth staff on the same day The summary covered deSign aspects and Included a denSity calculatiOn WIth a maXImum of24 dwellmg umts for the site . Application and plans received for a parking garage and 28 9-29-04 residential units (two months later than the time of receipt that City staff was told to expect on 6-16-04). DRC date to determme suffiCIency IS 11-12-04 . E-mml from CyndI Tarapam to Sue Phillips, Demse Wilson, 10-27-04 Pam AkIn, and other City staff, mdlcatmg SIX pomts of Insufficiency but that It was pOSSIble for the applicant to make applicatiOn and plan revISIons to address msufficIency comments for a December 2,2004 DRC meetmg . DRC Meetmg ApplIcant told that staff comments needed to 11-12-04 be addressed and that the proposal would a!!ain be considered by the DRC on 12-2-04. savin!! the applicant three weeks of what would be re!!ular schedulin!! ~ placement on the 12-23-04 DRC meetlD!! (rescheduled to 12-30-04). The DRC comments included a Traffic En!!ineerin!! comment "Demonstrate that column locations provide adeQuate turnin!! radius to accommodate all vehicular mobility without encroach in!! into other traffic. " · E-mail to Keith Zayac - When it was determined that the 11/19/04 City's parkin!! consultant had not reviewed the plans submitted for DRC review. E-mail sent inQuirine: if plans had as yet been submitted to Jim Ebert (City's traffic consultant for this project). . Email to Keith Za,'ac reiteratine: the requirement that 11/24/05 All plaos must be reviewed and approved by our consultant prior to submittal to the DRC. . DRC Meetmg RevIsIOns revIewed ApplIcant told that plans 12-02-04 and applIcation need further work A resubmlttal deadline of 12-08-0415 gIven Included same comment as in 11/12/04 ree:ardine: vehicle turoine: movements and requested that vehicle movements paths be added to drawine:s to demonstrate safe turuine: movements. . RevIsions are received DRC staff gIven un11112-14-04 to 12-08-04 reVIew the revIsed matenal These revisions resulted in the followiol! comment ""The vehicle path shown on Sheet Al.I indicates vehicles startm!! to turn prior to the card reader and eocroachine: into the lane for traffic travelin!! down the ramp. This is a problem for safe operation of the e:aral!e and must be addressed prior to CDB." . Email from Jim Ebert (City Parkin!! Consultant) to Jerry 12/10104 Koski (Owner Parkine: Consultant) reiteratine: the 12/8/04 comment from us and statin!! ."There is no sieht triane:le as the stair blocks the vision ~ both ways". . Development ReView Manager makes deCISIon to place PelIcan Walk on the January 18,2005 CDB agenda to meet agenda filing deadlme and because It was belIeved by staff as possIble for the applIcant to address staff concerns wIthm a short turnaround time 1 2-17 -04 . Updated CIty staff comments are faxed to KeIth Zayak 12-20-04 . Steve Spencer and KeIth Zayak meet with Mike Reynolds to reVIew staff comments MIke Reynolds asks apphcant representatives how the attached umt count of"28" was proposed, when denSIty by code only allows 24 umts for the sIte ApplIcant responds by statmg that a Transfer of Development Rights (TDR) was already establIshed for thIS sIte and refers to past commUniCatIOns with other City staff Mike Reynolds 12-29-04 states that no TOR applIcatIon was ever filed for the sIte, and that a TDR appl1catlOn will need to be notIced to the publIc, as an agenda Item ApplIcants given untIl 1-10-05 to file a TOR apphcatlOn and to stIll address staff comments mostly pertammg to vehicular tunllng movements WithIn the parkmg garage The January 10 deadlIne date was gIVen for contmuance to the 2-15-05 COB meetmg agenda . Application/plan revisions and TOR application received 1-10-05 . Submittal found not acceptable by staff TDR apphcatlOn 1-11-05 IS Incomplete and vehicular traffic deSIgn remams flawed Mike Reynolds and Scott Rice meet with project agent Keith Zayak. Staff concerns rel!ardinl! resident entrance al!ain discussed in this meetiDi!. Mlke Reynolds and Scott Rice bnefCyndI Tarapalll on the status of the applIcation to date CyndI Tarapam supports glvmg the applIcant an addltlOnal day to address the concerns (that If concerns are addressed the applicant can contmue to the 2-15-05 CDB meetmg) . Applicant given one additional day to submit acceptable revisions and documentation. · ApplIcant submIts plan reVISIOns and TOR applicatIOn documentatIon . Staff completes reVIew of applIcant's submittal . MIke Reynolds, Scott RIce, ChIp Gerlock, and Cyndl Tarapanl meet to review applIcation status It IS dctcrmmed that the project IS mcomplete due to an mcomplete TOR appl1catIon (no sealed survey for the sender sIte) In addition, the staff remains concerned with a dangerous parkmg garage vehicular movement design. The applIcant's agent, Keith Zayak, is notified bye-mail that CIty staff wIll request that the COB contmue the FlexIble Development and Transfer of Development RIghts (TDR) applIcatIOns to a date uncertam for the aforementIOned reason. 1-11-05 1-12p05 1-13-05 1-14-05 . The Commumty Development Board contmues the project 1-18-05 to a date uncertam . Conference call inc1udine Tracey Bruch, Paul Bertels, 1,-20-05 Scott Rice, Jim Ebert and Jerry Koski. Problems with the resident entrance were thorouehly discussed potential solutions were: 1) Movine or turnine staircase to increase sie:ht distances and/or 2) redesieninl! entrance to provide additional turnine: radius. . Staff (Mike Reynolds, Scott RIce, and Wayne Wells) meet 1-21-05 With the applIcant (LOUIS Anastasopoulos, John Pralb, Keith Zayak, Steve Spencer, and Jerry Koski) regardmg changes necessary m order to be placed on the next aVailable CDB agenda (antIcIpated to be 3-15-05) The apphcant IS told that 2-3-05 IS the submIttal deadlme for the March 2005 CDB meetmg At this meetml! Jerry Koski claimed that the entrance was adequately desil!ned althoul!h he al!reed With the chanl!es proposed in the previous day telephone call. Steve Spencer was adamant that the stair case could not be modified. Applicant aereed to redesie:n entrance and fax to us for prelIminary approval. . Fax from Jerry Koski with revised entrance desil!n. This desien still results in vehicles encroachine: into the oncomine lane at the resident entrance and includes flexible bollards that result in obstructions for vehicles not turnine rieht. 1/21105 . Email to Steve Spencer and Keith Zayac identifyinl! our continued concerns with the safety of the resident entrance. (See 1/21/05) concerns.) 1/28/05 · Fax from Jerry Koski with a redesie:ned entrance that Provides just enoueh maneuverine: room to complete a turn from the entrance UP the ramp. There is little room for error by the driver of an averaee vehicle without encroachine mto the oncomine lane 1/31/05 1\ ~ ~,J .";1;, llt;'(.. flJ.1I ., ~"... ls>~" .....~-:. :~: .:1.!ffjfi\ ,,~ ~~,~. '~''''':'' ':or:: ~ :::: oC;): ~~\ .,~ ~~ ~-..-~......-- ,~-.' ":.71f,-="~~~' .........3TEu.... .,.1 .#,lh Conditions Associated With FLD2004-09072 483 MANDAlAY AVE land Resource Condition Rick Albee 562-4741 1 0/22/2004 11/18/04-Pal m removals eq uate to 1" only, replacements also eq uate to 1" only Revise prior 10 Not Met BUilding Permit 10/22/04-Revlse tree removal calculations, all trees rated 2 or below do not reqUire replacements and all palm trees are replaced at one Inch each Provide pnor to bUilding permit Parks & Recs Condition Debbie Richter 562-4817 12/14/2004 Open Space and Recreation Impact fees are due pnor to Issuance of bUilding permits or final plat Not Met (If applicable) whichever occurs first These fees could be substantial and It IS recommended that you contact Deb Richter at 727 ~562 -4817 to calculate the assessm ent Solid Waste Service 12/01/2004 Initials Mlssmg Initials MIssing Not Met Enclosure not to Spc Explain how condo Units will dispose of trash, how will they recycle, Show how eXisting retail will dispose of Solid Wasle and Recycling 12-01-04 Is the "roll-out Dumpster" on the South side a compactor? It IS unclear If not there IS madquate service TraffiC Eng ConditIon Bennett Elbo 562-4775 10/27/2004 1 Parkmg garage design on cIvil plans and architectural plans do not match MET Not Met 2 All parking spaces and dnve aisles must meet current city standards I e for a 90 degree parking stall It must meet m In Imu m dim enslons of 9 ' wide by 19' long With a 24' wide drive aisle 18 5' DIMENSION AS SHOWN ON THE SITE PLAN IS ACCEPTABLE WITH THE CITY ENGINEER 10/28/2004 - PROVIDE DIMENSIONS FOR PARKING STALLS ON FLOORS 2-3-4 12/1/04- SHEET A1 1 INDICATES STALL DEPTH 175', BUT SHEET A1 3 SHOWS 185' TYPICAL, PLEASE CLARIFY 3 All disabled parking stalls must comply WIth current cIty standards (Width, accessible aisle and columns In aisle) MET 4 PrOVide a detail of the disabled parking stall and sign SEE COMMENT #2 FINE AMOUNT IS INCORRECT ~ SHOULD BE $255 12/16/04 - met 5 All disabled parkmg stalls must be strategically located close to an accessible entrance MET 6 All levels of parking must meet reqUired A D A height clearance (8' ~ 2) for handicap vans MET 7 Show accessible path from parking garage to connect retail bUlldmg,condo and public sidewalks NEED ACCESSIBLE PATH FROM GARAGE TO SIDEWALK ALONG POINSETTA STREET 1/11/05 - MET 8 General Note Garage supports such as walls and columns must not mtrude WIthIn parking stall dimenSions (Community Development Code Section 3-1402) ACKNOWLEDGED 9 General Note Garage supports such as walls must not Impede driver's Sight vIsibility when backing out of parking space (Community Development Code Section 3-1402) ACKNOWLEDGED 10 Columns must not Intrude mto the disabled parkmg access aisle Chapter 11 Flonda BUilding Accessibility Code, Section 11-463 MET 11 Demonstrate that column locatIons provide adequate turning radiUS to accommodate all vehicular mobility Without encroaching mto other traffiC VEHICLE PATHS NOT CONTINUOUS RIGHT TURN ONTO RAMP AT SOUTHWEST CORNER OF GARAGE DOES NOT APPEAR TO SATISFY THIS CONDITION 12/16/04 - The vehicle path shown on Sheet A1 1 Indicates vehicles starbng to turn pnor to the card reader and encroacmg Into the lane for traffiC traveling down the ramp ThiS IS a problem for safe operation of the garage and must be addressed pnor to COB 1/11/05 - THE TURNING MOVEMENT FOR VEHICLES ENTERING THROUGH THE RESIDENT'S ENTRANCE CONTINUE TO SHOW AN UNACCEPTABLE CONFLICT 3/14/05- Print Date 03/25/2005 CaseCondltons Page 1 of 2 ~ ' FLD2004-09072 483 MANDALAY AVE Traffic Eng Condition Bennett Elbo 562-4775 The resident entrance has been revised to an eXit only therefore removing the conflict ThIs eXit should also be used as an entrance dunng peak events 12 Show location of parking ticket dlspenser(s) MET 13 Show stacking for 18' veh Icle with 2' gap between veh Icles enten ng the parking garage at the ticket dispenser at all entrances Stacking for a minimum of two vehicles at the main entrance and one at the condominium entrance MET 14 Sight VISibility triangles are not displayed correctly Please refer to the community development code for correct placement Page CD330 MET - 1/11/05 - SIGHT TRIANGLES ARE NO LONGER ON THE SITE PLAN 3/14/03 - Sight triangles are shown and are correct 15 Remove building structures such as walls that are within the sight Vlslbllty triangles or re-deslgn building wall where motOrist's line of sight IS not obstructed THUS MUST BE INCLUDED IN REQUEST 16 Paint stop bar and the word "stop" at the bottom of ramp located near the condominium's dnveway MET All of the above to be addressed prior to COB Traffic Impact Fees to be determined and paid prior to CO Prior to bUilding permIt 1 Show IIghtmg and drainage plan Zonmg Condition Wayne Wells 562-4504 03/21/2005 3/21/05 - WW Not Met 12/20/04 - MHR There IS a discrepancy between the Site plan and the application form (Attachment A) as to bUlldmg height Site Plan 84 feet, 9 Inches, Application 92 feet, 10 Inches CaseCondltons Print Date 03/25/2005 Page 2 of 2 Wells. Wayne From Sent To Subject Rice, Scott Monday, March 28, 2005 1049 AM Wells, Wayne Pelican Walk Garage/Condos Wayne Engineering has completed final review of Pelican Walk The following should be a condition of the staff report The south Resldent's/Emergency EXit shall be used for both Ingress and egress at appropriate times dunng peak events D. Scott Rice Land Deve/. Engr. Manager 727..562..4781 scott.rice@MyC/earwater.com 1 Wells. Wayne From Sent To Cc Subject Rice, Scott Wednesday, March 23, 2005 1039 AM Wells, Wayne Arasteh, Mahshld, QUillen, Michael, 'jebert@tlmhaahs com' Pelican Walk Garage/Condos Wayne, I spoke With Jim Ebert this morning regarding Pelican Walk He IS satisfied With the site plan In regard to the safety of the south eXit There IS a question regardmg what appears to be a parking space Immediately north of the eXit This area IS closed off by a line on Sheet C4, but It stili looks like a parking space This space IS problematiC as the dnver would not be able to see up the ramp while backing out ThiS area should nol be a parking space ThiS was previously Identified to Keith Zayac In an Emall to him from Mike QUillen The Issues Jim will be concerned about at BUilding Permit Include 1 The location of "pay on foot" machines If they are to be utilized 2 The Interrace between the garage and shopping center Issues Include pedestrian access, fife separation, elc Jim Indicated that he had diSCUSSion on these Issues With Steve Spencer, but has not received any further Information A condition that I would like to see In the Staff Report IS that dunng events the south eXit be used for Ingress dunng peak arnval time and public egress at peak departure time D. Scott Rice Land Devel. Engr. Manager 727-562-4781 scott.rice@MyC/earwater.com 1 ,. "'S' Wells, Wayne , ~ From Sent To Subject Watkins, Sherry Tuesday, March 15, 2005425 PM ORC Members ResubmlUals for Apnl19 Importance High Good Afternoon ORC Members Plans for the following cases have been resubmitted for the Apn119, 2005, COB meeting have placed one copy of the case resubmItted package on the cabinets outs Ide of Room 216 In our office for your revIew (please do not take It, as we need It for the COB mall out) Please review your comments/conditions for thiS case m Permit Plan and determme If they are met Whether the conditions are "met" or stili "not met," please affirm to me via emall Please have these cases reviewed, If possible by 400 pm on Wednesday, March 16,2005 1 FL02005-01 005,SGN2005-01016 & Camp Landscape Adams Mark Hotel - 430 S Gullfvlew (Planner Wayne Wells) 2 FL02005-01007 & Comp Landscape - Ambiance on White Sands - 15 Avalon (Planner Wayne Wells) 3 FLD2005-01016, TDR2005-01017 & Camp Landscape - Sunspree - 715 S Gulf view Blvd (Planner Wayne Wells) 4 FLD2004-02011A, PL T2004-00007 - Townhome Manors - 2520 Sunset POint Road (Planner Mike Reynolds) 5 FLD2005-01008 - Clearwater Yacht Club - 830 Bayway Blvd (Planner Marc Manana) 6 FLD2005-01009 - Robert Pennock - 665 Bay Esplanade (Planner Marc Manano) 7 FL02005-01012 & Comp Landscape - 200 Skiff POint (Planner Marc Manano) 8 FL02005-01010 - Bay Harbor - 600 Bayway Blvd - (Planner John Schodtler) 9 FL02004-02015 - 483 Mandalay Avue ( Planner Wayne Wells) 1 EEl '" 08 <( UJ'" 5 ;;, (f) f'-.. i~~ <( (Q 8-1N I- <( C> Z Z o N z'-'-' o ~ ~,..., 0- lX' LL.V1 00- ...N )-. ~"" \t ... . ... .04 'It r'S' ~ -.... " "~ii"~ ~ . .t ~ -"!~"< -~~ , t t>~l~~~'i.t i, :E 00 t....". ~ ~ ~ (;~]::.~~lil' t~ ~ "5--$ c......l:i 1= ..J1t'& Ihftio"Q , ~ ~ 5;11~~ii~~ .. g J( :;o;~ ;i!~ 1 . ~ ::; :11 ~ ,.. :J "ti ,<>~ii5 ~:~ <> r- ,.. :i:~5!4!iwl <> <> ",r- o Ii" 2ffi " ~ ~u N..d" ,,~h ~:~~ 0", >< r: ~e.~ ;11~~ 1 ~~~ ",'" ... <L'" Z '" ~ e:!o"..... ~.s ~ fII 1"S~ '- '" ... ;: z ... ..!!! ~c: b ~ ~~..... ~ 1 <( ~ U~i~: ~~h :~i w '" Z <(~ 'j 01 :::; 0 '" [~ ~ <( " ~ OJW 0- <L t:t"-~t:!~l5D'I;l (J " '" '" "'.... r- 0 .~ ,'" Z 0- <(U ~~lij.r~<t Q S; Z ~ ~..:.": r"2::~ ~ ~ 0 1:) Q 0'" OJ .l!"~ ~ ~ ~ I"li <,; ~ Z <( :J ...0 "'- 9 0- J- ~~ l:j '" ..!:i~]'I;]l~..l;;Cd\: ij W '" 9 ... '" r: t..H..~!;'C.i! Cl 0 ;liiS <> .. W <( u ~~~~! :';E ~ '" ....J @ ..,. ID_S'E.~~I:'i..~ 1""'1 "" I I ~ 1"1 .. . L:I s ~ ~ ,~ ~ l~ z 0 ~ <( z <> f:j W "" Z '" :J z w Z z 0 '" N N =: ~ ;:.li:: I I I I dtl ~I w; ~ ~Jt' ~~ .. L t;~ g ~ ~ . J at -tiY.n . Qforr 1Jnfi; ~ -=-.....~... f. .. f _~ ~~ _~.....I,.....I...n I <il lfiun D In7\ """,,\mnmnp\UlOU;;\ c:. .. T .. ~w garage Page 1 of2 Wells, Wayne From Sent To Cc Subject Rice, Scott Fnday, February 11,2005827 AM 'kelth@kelthzayac com', 'sJs@spencerarch com' QUillen, Michael, Wells, Wayne Pelican Walk Keith, Yesterday I received a fax from Jerry Koski With a revised plan for the resIdent "entrance" The new plan makes this location an eXit only and therefore removes the conflict The revised design Indicates a new parking space between the eXit lane and the stair tower This space must be deleted because the driver would not be able to see up the ramp when backing out The revised design will need to show a stop sign and stop bar at the eXit the same as at the publiC eXit See the follOWing Emall from Jim Ebert regarding the revised design He remains concerned about column B 3-2 Your team needs to address this With him Let me know If you have any questions, D. Scott Rice Land Devel. Engr. Manager 727-562-4781 scott.rice@MyC/earwater.com -----Onglnal Message----- From: Jim Ebert [mallto,]ebert@tlmhaahs com] sent: Thursday, February 10, 2005 12,13 PM To: Rice, Scott Subject: PW garage HI Scott Looked a WPC's latest sketch and the concept will work With eXit only I'd suggest eliminating the "new" space Just south of the stair as a dnver can't see up the ramp while trYing to back out Mt prevIous comment about moving the col At the eXit turn stili applies Please VISit our new webslte W\NW tlmhaahs com E James Ebert, P E. Executtve VIce PresIdent Timothy Haahs & Associates, Ine 550 Township Lme Road, SUite 100 Blue Bell, Pennsylvania 19422 t 484-342-0200 ext 104 f 484-342-0222 2/11/2005 Watkins, Sherry From Sent To Subject Tarapanl, Cyndl Fnday, February 11, 2005 11 58 AM Watkins, Sherry, Wells, Wayne FW FLD2004-09072, 483 Mandalay Avenue, Pelican Walk Condominiums and Garage Please add to the file thanks Cyow TarapaOl Plannmg Dltectm (727)562-4547 cynch taraparn@myclt"arwatcr com -----Qngmal Message-m- From: Reynolds, Mike Sent Thursday, December 30,2004 2 27 PM To' Tarapanl, Cyndl, Gerlock, Chip Subject: FLD2004-09072, 483 Mandalay Avenue, Pelican Walk Condominiums and Garage Cyndl and Chip, Yesterday, December 29, Scott Rice and I met with Keith Zayak and Steve Spencer to make clear what stili needed to be produced by the applicant In order for the application to move forward to a CDS meeting We spent time diSCUSSing potential site plan redeSign of parking garage vehicular flow We went through the Permit Plan list of "Not Met" Items, resolving some on the spot and Itemizing others that Keith and Steve agreed to address With a revised submittal In anticipation of prepanng a staff report, which In part Will cover denSity, I asked the applicants to explain their proposal for the 28 residential units project component I said that qUick math shows a denSity allowance of 24 units on site Steve said that four units were Included by TOR and that he had correspondence In hiS file about It I explained that TDRs need COB approval Steve also said that It was thought that TORs had been recently processed through Wayne Wells for the Pelican Walk site When asked, Wayne said that attorney Nickolas Ekonomldes, Inquired, approximately three to four weeks ago, by telephone as a general question and not related to any specific project as to the purchase of development rights The response to Mr Ekonomldes was that one can purchase development nghts that can be applied later to a specific project Wayne said that he was not aware of any TOR to the Pelican Walk site A check of the TOR balance log shows no TOR activity to Pelican Walk I said that a TOR application form With all reqUired attachments Will need to be submitted, and that agenda noticing reqUirements Will mean that Pelican Walk cannot be heard by the CDS until the February 15, 2005 meeting The applicant asked for additional time, to submlt application plan revIsions and the TOR application form (with attachments) beyond the January 6 reVISions deadline for the February 15, 2004 CDS meeting I said that all application and plan revISions along With the TOR application Will need to be submitted no later than 4 00 pm on Monday, January 10, 2005 In summary the status can be outlined as follows . The Pelican Walk Comprehensive Inflll FleXible Development and TOR requests Will be considered by the Community Development Board on February 15, 2004, If revised plan matenals and a TDR application are submitted by 4 00 pm on Monday, January 10, 2005, and If the revIsions and other submittal matenals are deemed complete and acceptable . The revised plan matenals will Include plan sheet revIsions to show safe vehicular turn movements The reVISions Will also address staff comments In Permit Plan Mike 1 Watkins, Sherry From Sent To Subject Tarapanl, Cyndr Friday, February 11, 2005 11 58 AM Walkins, Sherry, Wells, Wayne FW FLD2004-09072, 483 Mandalay Avenue, Pelican Walk Condominiums and Garage Please add to the file Thanks Cynd1 TarapaOl l)lannmg D1tl:ctor (727)562-4547 cyndt taraparu@myclearwater com -----Onglnal Messagemn From: Reynolds, Mike Sent: Thursday, December 30,20043 17 PM To: 'kelth@kelthzayac com' Cc Gerlock, Chip, Tarapanl, Cyndl, Rice, Scott Subject FLD2004-09072, 483 Mandalay Avenue, Pelican Walk Condominiums and Garage Keith, As a brief summary to what we concluded with at our meeting yesterday (Steve Spencer, Scott Rice, you and 1), thiS e-mail IS sent to you . The Pelican Walk ComprehenSive Inflll FleXible Development and TDR requests Will be conSidered by the Community Development Board on i=ebruary 15, 2004, If reVised plan matenals and a TDR application are submitted by4 00 pm on Monday, January 10, 2005, and If the reVISions and other submittal matenals are deemed complete and acceptable . The reVised plan materials will Include plan sheet revIsions to show safe vehicular turn movements The reVISions Will also address staff comments In Permit Plan I am prOViding you with an example of an already approved TOR application ThiS copy IS available at the Development Services front counter At your request, the copy document IS addressed to Spencer and ASSOCiates Thank you Michael H Reynolds, AICP City of Clearwater Planning Department 1 r Watkins, Sherry From Sent To Subject Tarapanl, Cyndl Friday, February 11, 2005 11 57 AM Watkins, Sherry, Wells, Wayne FW FlD2004-09072, 483 Mandalay Avenue, Pelican Walk Condominiums and Garage Please add to the file If not already done Thanks Cyndi Tarapani Planmng Director (727)562-4547 cynch tarapa01@myclearwater com -----Ong In a I M essage----- From' Reynolds, Mike Sent: Thursday, December 30,2004 3 57 PM To 'kelth@kelthzayaccom' Cc: Gerlock, Chip, Tarapam, Cyndl, Rice, Scott Subject: FLD2004-09072, 483 Mandalay Avenue, Pelican Walk Condominiums and Garage Keith, As a brief summary to what we concluded With at our meeting yesterday (Steve Spencer, Scott Rice, you and I), this e-mail IS sent to you . The Pelican Walk ComprehenSive InfJII Flexible Development and TOR requests will be considered by the Community Development Board on February 15, 2005, If reVised plan materials and a TOR application are submitted by 4 00 pm on Mond ay, January 10, 2005, and If the revISions a nd other submltta I materials are deemed com plete and acceptable . The reVised plan matenals will Include plan sheet revIsions to show safe vehicular turn movements The revIsions will also address staff comments In Permit Plan I am prOViding you With an example of an already approved TOR application This copy IS available at the Development Services front counter At your request, the copy document IS addressed to Spencer and ASSOCiates Thank you Michael H Reynolds, AICP City of Clearwater Planning Department 1 ;- Watkins, Sherry From Sent To SubJect Tarapanl, Cyndl Friday, February 11, 2005 11 58 AM Watkins, Sherry, Wells, Wayne FW FLD2004-09072, 483 Mandalay Avenue, Pelican Walk Condominiums and Garage Please add to the file Thanks Cyndt Tarapam Planmng Director (727)562-4547 cynch tarapam@myclearwater com -----Ong In a I Messa ge----- From: Reynolds, Mike Sent: Tuesday, December 28, 200411 42 AM To: Tarapanl, Cyndl Cc: Gerlock, Chip SubJect: RE FLD2004-09072, 483 Mandalay Avenue, Pelican Walk Condominiums and Garage Cyndl, The City staff concerns with Pelican Wall are resolvable prior to the January 18, 2005 COB meeting The most critical concern IS traffic safety within the garage As traffic deSign at DRC was not acceptable, the applicant was given until the December 8 resubmlttal deadline to address comments The plan for vehicle flow was not redeSigned (by December 8) and City Engineering staff and the City consultant continued to find It unworkable The applicant has been given until January 3, Monday, to address staff comments Scott Rice and I Will meet With Keith Zayak and Steve Spencer tomorrow, to make sure that staff concerns are understood If the plans are not submitted by January 3 or If January 3 revIsions are determined to be not acceptable, the application Will be continued by staff to the February COB meeting As this IS a high profile proJect, we have been as flexible as pOSSible to do what we can as staff to try and keep It moving forward I Informed Chip that technically the plan (December 8 revIsions) wasn't ready to meet the January 18 agenda filing, but that Issues could be resolved prior to COB The application was placed on the January 18 agenda because of the senSItiVity of ItS nature as highly and politically vIsible and to give the pnvate sector Side of the team every pOSSible opportunity Within the public calendar to move ahead Mike -----Qng Ina I M essage----- From: Tarapanl, Cyndl Sent' Wednesday, December 22, 2004 3 11 PM To: Reynolds, Mike Cc: Gerlock, Chip SubJect: RE FLD2004-09072, 483 Mandalay Avenue, Pelican Walk Condominiums and Garage If I am understanding thIS Information correctly, the project wasn't truly suffICient but It was determined to allow It to be suffiCient and placed on the January COB agenda If thIS IS right, I am very perplexed by thiS deCISion to allow something to be suffiCient when It really Isn't Chip and Mlke--you need to deal With thiS Issue If you have allowed It to be advertised and they haven't met the suffiCiency Issues, then you need to figure out how to fiX It prior to the COB, or you may determine another course of action that IS appropriate I trust that you will Identify some solutions to thiS Issue When you have decided what to do on thiS case, please let me know vIa e-mail so that I can keep city management Informed on thiS 1 .""~ vIsible project Thanks Cyndl Taraparu Plann1l1g Ducctor (727)562-4547 cyud! tarapal11@myc1earwatcr com -----Ong In a I Messag e----- From: Reynolds, Mike Sent: Monday, December 20,20049 02 AM To: Tarapanl, Cyndl Cc Gerlock, Chip, Rice, Scott Subject: fLD2004-090n, 483 Mandalay Avenue, Pelican Walk Condominiums and Garage Importance High Cyndl, You had asked me to brief you upon my (and other DRC staff) review of the Pelican Walk site plan revISions The reviews were completed last week, but then you and I were out sick I realize that your schedule IS limited today, but I will be happy to talk with you at your convenience To meet a deadline. the Pelican Walk site plan was Included within the January 18, 2005 COB Meeting Agenda However, there are some troubling Issues (pian/applicatIon suffIcIency) as to actually hearing Pelican Walk at that meeting There are a number of Planning Items "not met" In Permit Plan Further, a cntlcalltem of concern, noted by Engineering, needs to be addressed by the applicant prior to reviewing the submittal at a COB meeting The Engineering Item, per Scott Rice Engineering has completed review of the resubmlttal for the subject application The conflict between vehicles entering the garage at the reSident entrance and vehicles traveling down the ramp has not been resolved The follOWing Traffic comment has been added to Permit Plan "The vehicle path shown on Sheet A 1 1 indicates entering vehicles starting to turn prior to the card reader and encroaching Into the lane for traffiC traveling down the ramp ThIs IS a problem for safe operation of the garage and must be addressed prior to COB" This Issue must be resolved before the prOject can go to CDS I Will fax an updated Permit Plan status to Keith Zayak Mike Reynolds 2 Wells, Wayne From Sent To Cc SubJect Parry, Mark Friday, February 04,2005 11 57 AM 'kelth@kelthzayac com' Tarapanl, Cyndl, QUillen, Michael, Arasteh, Mahshld, Wells, Wayne, Rice, Scott Pelican Walk resubmlttal Keith, This IS to confirm the phone call that Scott Rice and I had with you this morning The parking lot plan needs to be adjusted as follows · Column A 3-10 IS to be moved to the east to become part of the rotated stair tower - this should have been, or Will be, faxed to you today · Column B 3-2 Will be moved to the east These two changes are necessary for the provIsion of adequate turning room for vehicles The deadline for a complete application resubmlUal for the March 15, 2005 was yesterday at noon and has passed A complete appllcalion Will require that all sheets reflect the rotated stairwell Including but not limited to Site plans, landscape plans, scaled, dimensioned and rendered elevations, etc In addition, a complete resubmlttal Will also Include aU Items In the original packet Including but not limited to the application, all Criteria, proof of ownership, Signs, stormwater calculations (as applicable), etc The next deadline IS March 1, 2005 at noon Th IS Will resu It In an Ap r11 19, 2005 Com m un Ity Development Board Meeting Please call at least two business days In advance of thiS date In order to schedule an appointment With me or another planner so that your resubmlttal may be reviewed With you or your designee for completeness on March 1, 2005 Should you have any questions please do not hesitate In contacting me Mark T Parry Planner III City of Clearwater Planning Department 727 562 4558 mark parry@myclearw8ter com 1 f " -Ot., Page 1 0[2 Wells, Wayne From Sent To Cc SubJect Importance Horne, William Thursday, February 03,2005 1 08 PM Tarapanl, Cyndl, Arasteh, Mahshld QUillen, Michael, Goudeau, Cyndle, Brumback, Garry, Akin, Pam, Parry, Mark, Wells, Wayne RE PelJcan Walk Update at Council Meeting TOnight High Cyndl, 1 do not expect the discussIOn to dwell on the plannmg aspects The regulatory process IS plamly laid out and not m dispute The Anastoupolous development team's concern IS focused on resolvmg the garage deSign Issues m a way that doesn't kICk them mto the Apnl CDB or later The team wants to treat the garage Issues as condItlonalltems The problem IS they have yet to follow the garage desIgn approval process outlIned m our agreement The Issue they face now IS the real prospect of requestIng the councIl to approve another extensIOn to get everythmg done The purpose of the dIscussIOn tOO1ght IS to get a feelmg of how the councIl feels about the project at thiS pOInt Mark should be very comfortable partICipatIng In thiS diSCUSSIOn If necessary Thanks Bill Horne --mOng I nal Messagemu From: Tarapanl, Cyndl sent: Thursday, February 03, 2005 12,06 PM To: Horne, William, Arasteh, Mahshld Cc: QUIllen, Michael, Goudeau, Cyndle, Brumback, Garry; Akin, Pam, Parry, Mark, Wells, Wayne Subject: RE Pelican Walk Update at CounCil Meetmg TOnight Bill-I Will not be at the City CounCil meeting tonight due to a family member's major surgery Mark Parry WIll be representing Planning but he IS not familiar With all of the history on thiS case I can provide you With the follOWing status of the regulatory process for thiS case The project was deemed Incomplete and must resubmit Their deadline IS to resubmit today, February 3 If the project IS resubmitted, then It Will be scheduled for the March 15 Community Development Board meeting Depending on how the garage deSign IS reVised In today's resubmitted, the Public Works department mayor may not object to the deSign After review by PubliC Works and Planning, a staff report Will be Written and sent to the CDS I believe that the only major outstanding Issue IS the garage deSign and functIon I Will ask Mark to determine If the project IS resubmitted by end of the day today and let you know I Will further ask Mark to Immediately deliver a set of the plans to Engineering so that they can start their review 1 hope thiS information IS helpful to you Thanks 2/3/2005 I . , ...... Page 2 of2 Cyndl T arapam Planmng Director (727)562-4547 cynch tarapal11@mydearwater com -----Onglnal Message----- From: Horne, William sent: Thursday, February 03, 2005 11.06 AM To: Arasteh, Mahshld Cc: Tarapanl, Cyndl, QUillen, MIchael, Goudeau, Cyndle, Brumback, Garry, Akin, Pam Subject: Pelican Walk Update at Council Meeting Tonight MashId, At tomght's CIty councIl meetmg under eM Reports, 1 would hke to gIve the counCil a short update on the garage design process aspect of the PelIcan Walk Garage project. This will generate questIOns related to regulatory process (CDB schedule) and whether the Mr Anastoupolous wIll be reqmred to request another extensIon to begm construction ThiS discussIOn will gIve us an mdlCatlOn If the councIl IS receptive to supportmg another extensIOn BIll Horne 2/3/2005 '" "" ~ Wells, Wayne From Sent To Subject Watkins, Sherry Wednesday, February 02, 2005 10 15 AM Wells, Wayne FW Pelican Walk Garage/Condos __m 0 n g I na I M essage----- From' Tarapam, Cyndl Sent Monday, January 24, 2005 5 05 PM To' Watkins, Sherry SubJect. FW Pelican Walk Garage/Condos please put a copy of this e~mallln the file Thanks Cyndt Tarapam Plannmg Director (727)562-4547 cynch tarapa01@myclcarwater com -----Onglnal Message----- From Tarapam, Cyndl Sent: Sunday, January 23, 2005 1 01 PM To, Rice, Scott, Reynolds, Mike Cc: Bertels, Paul, Bruch, Tracey, QUillen, Michael, Arasteh, Mahshld, Elbo, Bennett, Watkins, Sherry, Parry, Mark, Brumback, Garry SubJect RE Pelican Walk Garage/Condos Scott-thanks for the update We WIll await Feb 3 and see what transpires Thanks Cyndt Tarapam Planmng Dircctor (727)562-4547 cy nd1 taraparu@myclearwater com -----anginal Message----- From Rice, Scott Sent: Fnday, January 21, 2005 8 47 AM To' Reynolds, Mike, Tarapam, Cyndl Cc: Bertels, Paul, Bruch, Tracey, QUillen, MIChael, Arasteh, Mahshld, Elba, Bennett SUbJect, Pelican Walk Garage/Condos On Thursday, January 20,2005, Paul Bertels, Tracey Bruch, and I had a conference call With Jim Ebert of Tim Haahs (City consultant) and Jerry Koski (sP?) of Walker Parking Consultants (Owner's consultant) regarding our concerns With the design of the Pelican Walk Garage The Issue IS the conflict pOint at the reSident entrance and lack of Sight distance for a vehicle entering the garage As currently designed, a vehIcle entering the garage and turning right to go up the ramp to upper parking floors would encroach Into the oncoming lane for vehicles traveling down the ramp ThiS situation IS exacerbated by garage structure and a staircase on the InSide of the turn that limits Sight distance These concerns were expressed by us and supported by Mr Ebert Mr Koski did not dispute these concerns Mr Koski Indicated that he had expressed Similar concerns to the Owner After discussion, the follOWing plan was devised to Improve safety at thiS location 1 Move or turn the staircase to Increase Sight distances 2 RedeSign the entrance by narrowing lanes, moving the entrance further south, repositioning the card reader and provldmg addltlonal turning radiUS on the InSide of the turn Preliminary review indicates that these modifications may solve the problem and prOVide for safe turning movements Mr Koski was to get back WIth the owner and begin preparation of these modifications I told him that a resubmlttal would be due February 3, 2005 If the owner Wishes to be scheduled for the March COB Meeting 1 It J' ~~ Wells, Wayne From' Sent To Cc Subject QUillen, Michael Tuesday, February 01,20051008 AM 'sjs@spencerarch com' Tarapanl, Cyndl, Rice, Scott, Arasteh, Mahshld, Wells, Wayne, Bruch, Tracey, Akin, Pam FW Pelican Walk Parking Garage As descr1bed 1n an e-ma11 from Scott R1ce, the m1nor reV1S1ons to the res1dent1al garage access have not remed1ed the safety problem We have received slm1lar comments from our consultant, J1m Ebert w1th T1mothy Haahs & Assoc A formal letter from h1m 18 forthcom1ng deta111ng hlS concerns I w111 forward th18 to you upon recelpt Regard1ng the requ1rement to commence construct1on by March 31, 2005, lt lS apparent that 1t wlll llkely not be p08s1ble to complete flnal bU1ld1ng plans and pull a bU1ldlng perm1t by that date In that the defin1tlon of commence constructlon reads the "start of mean1ngful phys1cal development of a mater1al part of the parklng garage bUlld1ng", a Slte work perm1t would not satlsfy th18 requlrement The best opt1on aval1able would be to request an addltlonal modlflcatlon to the agreement request1ng another tlme extens10n ThlS would have to be approved by the C1ty Counc11 If th1S lS what you deslre to do, please subm1t a wrltten request outl1n1ng the reasons needed for the extens10n and the amount of tlme requested If th1S lS subm1tted by mld-February we can schedule for CounCll reV1ew at the March 17 meet1ng If thlS deadllne 1S m1ssed the commence constructlon deadllne wlll have passed and a whole new agreement may be necessary Please don't hesltate to contact me 1f you have any questlons -----Orlg1nal Message----- From Tarapan1, Cyndl Sent Thursday, January 27, 2005 2 15 PM To 'Spencer & Assoclates', wwells@clearwater-fl com Cc Wells, Wayne, Rlce, Scott, Arasteh, Mahshld, M1ke QUlllen (E-mal1), Alan, Pam SubJect RE pel1can Walk Parklng Garage Steve-regard1ng the rev1sed access, Scott has It and will get lt touch w1th you as soon as poss1ble Please understand that today 1S DRC day and all staff are lnvolved ln that Regard1ng the contract between the C1ty and your cllent, the contract lS managed by the PubllC Works Adm1n1stratlon, not the Plannlng department Please contact M1ke QU11len at 562-4743 to dlSCUSS that matter We have prev10usly notlfled Kelth Zayac as the agent for thlS proJect of the tlme frames and that February CDB was not poss1ble due to the lack of completeness of the appllcatlons wayne-please send thlS e-mall to Ke1th as I do not have hlS e-ma1l address Thanks Cynd1 Tarapanl Plann1ng Dlrector (727}562-4547 Cyndl tarapanl@myclearwater com -----Orlglnal Message----- From Spencer & ASSOClates [mallto sJs@spencerarch com] Sent Thursday, January 27, 2005 9 26 AM To wwells@clearwater-fl com Cc Tarapan1, Cyndl Subject Pelican Walk Parklng Garage 1 4 Wayne, Per our meetlng last week, the res~dentlal access was revlsed and faxed to Scott To date I have recelved no response and we also have not heard from you regardlng an extenslon on the Clty'S agreement As you are aware, my cl1ents and I were very upset to flnd out we wlll not be heard by the CDB ln February It 1S ObV10US we could have gone forward wlth thlS resldentlal drlve 1ssue belng ~n condltlon of approval please contact me as soon as posslble at 727-504-1175 Thank you, Steve asm 2 f, ,..., Wells, Wayne From Sent To Cc SubJect Wells, Wayne Thursday, January 27.2005600 PM 'Keith Zayac' Tarapanl, Cyndl, Watkins, Sherry RE Pelican Walk Parking Garage Kelth - Slnce you are the offlclal representatlvejagent for thls proJect, I Just am trYlng to keep you In the loop regardlng emalls regardlng your deslgn team As we dlscussed last Frlday (January 21, 2005), you need to resubmlt by noon, February 3, 2005, to be on the March 15, 2005, CDB meetlng I understand that we may have some resubmlttal packages submltted earller You wlll need to elther resubmlt 15 coples of all appllcatlon package lnformatlon (appllcatlons, slte plans, elevatlons, etc ) or you wlll need to replace sheets In the packages you have already submltted (elther In our offlces or by plcklng up the packages and dOlng It at your offlce) If you have any questlons, I wlll try to answer them the best I can (belng the new case planner) Wayne -----Orlglnal Message----- From Kelth Zayac [mallto kelth@kelthzayac coml Sent Thursday, January 27, 2005 5 25 PM To Wells, Wayne SubJect Re pellcan walk Parklng Garage When do we need to resubmlt to be on the March CDB per our dlSCUSSlons Kelth E Zayac, P E , RLA Kelth Zayac & Assaclates, Inc 701 Enterprlse Road E , Ste 404 safety Harbor, FL 34695 727-793-9888 phone 727-793-9855 fax ----- Orlglnal Message From <Wayne wells@myClearwater com> To <kelth@kelthzayac com> Sent Thursday, January 27, 2005 4 29 PM SubJect FW pellcan Walk Parklng Garage FYI -----Orlglnal Message----- From Tarapanl, Cyndl Sent Thursday, January 27, 2005 2 15 PM To 'Spencer & Assoclates' , wwells@clearwater-fl com Cc Wells, Wayne, Rlce, Scott, Arasteh, Mahshld, Mlke QUlllen (E-mall), Akln, Pam SubJect RE pellcan walk Parklng Garage Steve-regard1ng the revlsed access, Scott has lt and wlll get lt touch wlth you as soon as possible Please understand that today 18 DRC day and all staff are lnvolved In that 1 . J;:;... Regardlng the contract between the C1ty and your cl1ent, the contract lS managed by the PubllC works Admlnlstratlon, not the Plannlng department Please contact Mlke QUlllen at 562-4743 to d1SCUSS that matter We have prev10usly not1f1ed Kelth Zayac as the agent for thlS proJect of the t1me frames and that February CDB was not posslble due to the lack of completeness of the appllcatlons Wayne-please send thlS e-ma1l to Kelth as I do not have hlS e-mall address Thanks Cynd1 Tarapanl Plannlng Dlrector (727)562-4547 cyndl tarapanl@myclearwater com -----Or1g1nal Message----- From Spencer & Assoclates [ma1lto sJs@spencerarch com] Sent Thursday, January 27, 2005 9 26 AM To wwells@clearwater-fl com Cc Tarapanl, Cyndl SubJect pel1can Walk Parklng Garage Wayne, Per our meetlng last week, the resldent1al access was revlsed and faxed to Scott To date I have recelved no response and we also have not heard from you regardlng an extenslon on the C1ty's agreement As you are aware, my cl1ents and I were very upset to f1nd out we wlll not be heard by the CDB 1n February It 1S ObV10US we could have gone forward wlth thls res1dent1al dr1ve lssue be1ng 1n condltlon of approval Please contact me as soon as posslble at 727~504-1175 Thank you, Steve asm 2 Wells, Wayne From Sent To: SubJect Spencer & Associates [sjs@spencerarch com] Thursday, January 27,2005351 PM Wells, Wayne FW Pelican Walk Parking Garage Importance' High Wayne, Per our meet1ng last week, the res1dent1al access was rev1sed and faxed to Scott To date I have rece1ved no response and we also have not heard from you regard~ng an extens10n on the C1ty'S agreement As you are aware, my cl1ents and I were very upset to f1nd out we w1ll not be heard by the CDS 1n February It 1S obvlous we could have gone forward w1th th1s resldent1al drlve lssue belng 1n condit1on of approval please contact me as soon as poss1ble at 727-504-1175 Thank you, Steve asm 1 ~ . Wells, Wayne From Sent To Subject Wells, Wayne Thursday, January 27, 2005 4 28 PM 'sjs@spencerarch com' FW Pelican Walk Parking Garage Steve - Th~s 1S the emall Cynd~ sent to you th1S afternoon Wayne -----Orlglnal Message----- From Tarapanl, Cynd1 Sent Thursday, January 27, 2005 2 15 PM To 'Spencer & Assoc1ates', wwells@clearwater-fl com Cc Wells, Wayne, R~ce, Scott, Arasteh, Mahsh1d, Mlke QUlllen (E-mall), Akln, Pam SubJect RE pellcan walk Parklng Garage Steve-regardlng the revlsed access, Scott has ~t and w1II get 1t touch wlth you as soon as posslble please understand that today is DRC day and all staff are lnvolved In that Regard1ng the contract between the C1ty and your cl1ent, the contract 1S managed by the Publlc Works Admlnlstratlon, not the Plannlng department please contact Mlke QUlllen at 562-4743 to dlSCUSS that matter We have prevlously not1fled Kelth Zayac as the agent for thlS proJect of the tlme frames and that February CDS was not posslble due to the lack of completeness of the appllcatlons Wayne-please send th1S e-mall to Kelth as I do not have hls e-mall address Thanks Cynd1 Tarapan1 Plannlng Dlrector (727)562-4547 cyndl tarapanl@myclearwater com -----Orlg1nal Message----- From Spencer & ASSOC1ates [mallto sJs@spencerarch com] Sent Thursday, January 27, 2005 9 26 AM To wwells@clearwater-fl com Cc Tarapanl, cynd1 SubJect Pellcan Walk Park1ng Garage Wayne, Per our meetlng last week, the resldentlal access was revlsed and faxed to Scott To date I have recelved no response and we also have not heard from you regardlng an extenslon on the C1ty'S agreement As you are aware, my cl1ents and I were very upset to flnd out we w1II not be heard by the CDB 1n February It lS ObV10US we could have gone forward wlth thlS resldent1al drlve lssue belng in condit1on of approval Please contact me as soon as posslble at 727-504-1175 Thank you, Steve 1 ~ " Wells, Wayne From' Sent To Subject Wells, Wayne Thursday, January 27,2005430 PM Keith Zayac (E-mail) FW Pelican Walk Parking Garage FYI -----Or1g1nal Message----- From Tarapan1, Cyndl Sent Thursday, January 27, 2005 2 15 PM To 'Spencer & Assoc1ates' , wwells@clearwater-fl com Cc Wells, Wayne, Rlce, Scott, Arasteh, Mahsh1d, M1ke QUlllen (E-mall), Akln, Pam SubJect RE Pel1can Walk Park1ng Garage Steve-regardlng the rev1sed access, Scott has lt and w1II get lt touch wlth you as soon as poss1ble please understand that today lS DRC day and all staff are 1nvolved In that Regard1ng the contract between the Clty and your cllent, the contract is managed by the Publlc works Adm1n1stratlon, not the Plannlng department Please contact Mlke QU1llen at 562~4743 to dlscuss that matter We have prevlously not1f1ed Kelth Zayac as the agent for thlS proJect of the tlme frames and that February CDS was not posslble due to the lack of completeness of the appllcat10ns wayne-please send thls e-mall to Kelth as I do not have h1S e-mall address Thanks Cyndl Tarapanl Plannlng D1rector (727) 562-4547 cyndl tarapan1@myclearwater com -~---orlglnal Message----- From Spencer & Assoc1ates [ma1lto s]s@spencerarch com] Sent Thursday, January 27, 2005 9 26 AM To wwells@clearwater-fl com Cc Tarapanl, Cynd1 SubJect pellcan Walk parklng Garage Wayne, Per our meetlng last week, the res1dent1al access was revlsed and faxed to Scott To date I have rece1ved no response and we also have not heard from you regard1ng an extens10n on the C1ty'S agreement As you are aware, my cl1ents and I were very upset to f1nd out we wlll not be heard by the CDS In February It 1S ObV10US we could have gone forward wlth this res1dentlal dr1ve lssue be1ng 1n condlt1on of approval please contact me as soon as poss1ble at 727-504-1175 Thank_ you, Steve 1 Wells, Wayne From Sent To Cc Subject' Tarapanl, Cyndl Thursday, Jan uary 27, 2005 2 15 PM 'Spencer & Associates', wwells@c1earwater-fl com Wells, Wayne, Rice, Scott, Arasteh, Mahshld, Mike QUillen (E-mail), Akin, Pam RE Pelican Walk Parking Garage Steve-regardlng the revlsed access, Scott has It and wlll get It touch wlth you as soon as posslble Please understand that today lS DRC day and all staff are lnvolved In that Regardlng the contract between the Clty and your cllent, the contract lS managed by the Publlc Works Admlnlstratlon, not the Plannlng department Please contact Mlke QUlllen at 562-4743 to dlscuss that matter We have prevlously notlfled Kelth Zayac as the agent for thls proJect of the tlme frames and that February CDS was not posslble due to the lack of completeness of the appllcatlons wayne-please send thls e-mall to Kelth as I do not have hls e-mall address Thanks Cyndl Tarapanl Plannlng Dlrector (727) 562 -4547 cyndl tarapanl@myclearwater com -----Orlglnal Message---~- From Spencer & ASSOClates [mallto sJs@spencerarch com] Sent Thursday, January 27, 2005 9 26 AM To wwells@clearwater-fl com Cc Tarapanl, Cyndl SubJect pellcan Walk parklng Garage Wayne, Per our meetlng last week, the resldential access was revlsed and faxed to Scott To date I have received no response and we also have not heard from you regardlng an extenslon on the Clty'S agreement As you are aware, my cllents and I were very upset to flnd out we wlll not be heard by the CDS In February It lS ObVlOUS we could have gone forward wlth thlS resldentlal drlve lssue belng In condltlon of approval please contact me as soon as posslble at 727-504-1175 Thank you, Steve asm 1 ,I . ~ Wells, Wayne From, Sent To Subject Wells, Wayne Thursday, January 27,2005431 PM Keith Zayac (E~mall) FW Pelican Walk Parking Garage FYI -----orlglnal Message----- From Wells, Wayne Sent Thursday, January 27, 2005 4 26 PM To 'Spencer & Assoclates' Cc Tarapanl, Cyndl SubJect RE pellcan Walk parklng Garage Steve - Flrst, apparently you trled sendlng me thlS same emall thlS mornlng at 9 30 am Your emall got to Cyndl but not me By thls emall apparently you have revlsed my emall address Second, I dld send an emall to Cyndl as I sald I would She forwarded that emall to Pam Akln I do not have any new lnformatlon regardlng the Agreement at thls pOlnt Addltlonally, I dld not have anythlng to do wlth the orlglnal Agreement I am not an attorney Thlrd, at 2 15 pm today Cyndl Tarapanl sent you an emall that spoke to the Agreement lssue To ensure you recelved that emall, I wlIl forward her emall to you as soon as I send thls emall Should you have any addltlonal questlons, feel free to emall me or call me Wayne --~~-Orlglnal Message----- From Spencer & Assoclates [mallto s]s@spencerarch com] Sent Thursday, January 27, 2005 3 51 PM To Wells, Wayne SubJect FW Pellcan Walk parklng Garage Importance Hlgh Wayne, Per our meetlng last week, the resldentlal access was revlsed and faxed to Scott To date I have recelved no response and we also have not heard from you regardlng an extenslon on the Clty'S agreement As you are aware, my cllents and I were very upset to flnd out we wlII not be heard by the CDB lD February It lS obvlous we could have gone forward wlth thls resldentlal drlve lssue belng In condltlon of approval Please contact me as soon as posslble at 727~504-1175 Thank you, Steve 1 Wells, Wayne From Sent To Cc Subject. Wells, Wayne Thursday, January 27,2005426 PM 'Spencer & Associates' Tarapanl, Cyndl RE Pelican Walk Parking Garage Steve - F~rst, apparently you tr~ed send~ng me th~s same ema~l thlS morn~ng at 9 30 am Your emall got to Cyndl but not me By thlS emall apparently you have revlsed my ema~l address Second, I dld send an emall to Cyndl as I sa~d I would She forwarded that emall to Pam Akln I do not have any new lnformatlon regardlng the Agreement at thlS pOlnt Addltlonally, I dld not have anythlng to do w~th the orlglnal Agreement I am not an attorney Th~rd, at 2 15 pm today Cyndl Tarapanl sent you an emall that spoke to the Agreement lssue To ensure you recelved that emall, I wlll forward her emall to you as soon as I send thlS emall Should you have any addltlonal questlons, feel free to emall me or call me Wayne -----Orlglnal Message----- From Spencer & Assoclates [mallto s]s@spencerarch com] Sent Thursday, January 27, 2005 3 51 PM To Wells, Wayne subJect FW pel1can Walk Park1ng Garage Importance Hlgh Wayne, Per our meetlng last week, the resldentlal access was revlsed and faxed to Scott To date I have recelved no response and we also have not heard from you regardlng an extens10n on the C1ty'S agreement As you are aware, my cl1ents and I were very upset to f1nd out we wll1 not be heard by the CDB ln February It 1S ObV10US we could have gone forward w1th thlS resldentlal drlve lssue be1ng 1n condltlon of approval please contact me as soon as posslble at 727-504-1175 Thank you, Steve asm 1 From Sent To Subject Tarapanl, Cyndl Thursday, January 27,2005938 AM Wells, Wayne FW FLD2004-09072, 483 Mandalay Avenue, Pelican Walk Condominiums and Garage please add to the file thanks Cyndl Tarapam Planmng Dtrector (727) 562-4547 cyndt tataparu@myclearwater com ----- Ong In a I Messa ge----- From Reynolds, Mike Sent Friday, January 14, 2005 2 23 PM To: 'kelth@kelthzayac com' Cc: Tarapam, Cyndl, Gerlock, Chip, Rice, Scott SubJect FLD2004-09072, 483 Mandalay Avenue, Pelican Walk CondOminiums and Garage Mr KeIth Zayak Keith Zayak & ASSOCiates, Inc Keith, The Pelican Walk Condominiums and Garage Project cannot go forward to the February 15, 2005 Community Development Board (COB) meeting City staff Will request that the CDB continue the FleXible Development and Transfer of Development Rights (TOR) applications to a date uncertain, due to an Incomplete TOR application (no sealed survey for the sender site) In addition, staff remains concerned wIth the dangerous vehicular movements at the reSident entrance and bottom of the ramp to the upper parking floors within the garage Our analysIs of thiS location Indicates that an entering vehicle Will be forced to encroach Into the path of oncoming vehicular traffic to complete a 90 degree turn ThiS results In a potentially unsafe condition that must be resolved Please contact me with any questIons MIchael H Reynolds, AICP Planning Department City of Clearwater Tel # 727-562-4836 .. Wells, Wayne From Sent To Cc Subject QUillen, Michael Thursday, January 27,20058 13 AM Tarapanl, Cyndl, Akin, Pam Wells, Wayne, Parry, Mark, Brumback, Garry, Rice, Scott, Arasteh, Mahshld RE 483 Mandalay Avenue, Pelican Walk project There IS stili a pretty slgmflcant Issue With the residential garage access Up to now we have been expressing our concern vIa e-maIl & phone calls Our consultant, Jim Ebert, will be providing a formal written objection to the garage layout Hope to have It this week -----Ong In a I Messa ge----- From: Tarapam, Cyndl Sent wednesday, January 26, 2005 5 22 PM To: Akin, Pam Cc: Wells, Wayne, Parry, Mark, Brumback, Garry, Rice, Scott, QUillen, Michael, Arasteh, Mahshld SubJect, FW 483 Mandalay Avenue, Pelican Walk proJect Importance High Pam-I am forwardmg you the follOWing e-mail where Wayne provides a deSCription of the most recent meeting With the Pelican Walk garage team Of course, Planning Will manage the resubmlttal process and If he resubmits by Feb 3, then he will be on the March 15 COB agenda If not, then he Will be on a future agenda We have provided much latitude on this project regarding timing and Feb 3 IS the latest that we can extend to hiS team to make the March 15th agenda I am wrltmg to you to ask you to deal With Mr Anastapoulos' questions regarding the agreement requirements I am trymg to contmue our effort to separate the contractual agreement from the plannmg regulatory review If you have any questions, please let me know Cyndl Tarapam Planmng Director (727) 562-4547 C) nrn taraparu@myclearwater com -----Onglnal Message----- From' Wells, Wayne Sent Tuesday, January 25, 2005 8 16 PM To: Tarapanl, Cyndl Cc Parry, Mark SubJect: 483 Mandalay Avenue, Pelican Walk proJect Importance: Hlgh Cyndl - SInce I am taking over thIs project from Mike Reynolds, I also allended a meeting last Friday, January 21, 2005, regarding the status of the prOject At times, the diSCUSSion was heated At their meeting on January 18, 2005, the Community Development Board (COB) continued Case No FLD2004-09072 to a date uncertain The applicant's deSIgn team are workIng on provIding such Information necessary for the project to be deemed suffiCient At Issue WIth Elias Anastasopoulos IS compliance With the Agreement he has With the City to construct the parking garage According to Section 503 a of the Agreement, commencement of construction IS to be WIthIn 12 months after the Effective Date and pursue construction to completion Within 36 months of the Effective Date Based on Section 1 01 9 of the Agreement, the Effective Date upon execution of the Agreement was August 26,2003 Mr Anastasopoulos' understanding and concern IS that he has to begin construction by March 31, 2005 Based on my 1 reading of the Agreement, I don't know If this IS a correct date or not (looks to mt:: ne didn't meet the date to commence construction) Due to the application stili not being suffiCient, and It wasn't advertised for the February 15, 2005, COB meeting, It appears that this Case, assuming It Will become suffiCient, could be scheduled for the March 15, 2005, COB meeting Mr Anastasopoulos' concern (based on his understanding that he must begin construction by March 31,2005) IS that With the COB meeting on March 15, 2005, there may be InsuffiCient time to actually begin construction I suggested submitting for a site development permit, or potentially a foundation only permit Assuming the site plans (and/or bUilding plans) are submitted qUickly, potentially a permit could be Issued In a timely manner The definition In Section 1 01 8 of the Agreement states that "commence construction" means the start of meaningful physical development of a material part of the parking garage bUilding The qUickest I can get this project back to the COB IS March 15, 2005 I have told the applicant that we would need resubmlttals by February 3, 2005 The, case needs to be readvertlsed for the COB, Including the Transfer of Development Rights (TDR2005-01 015) I told Mr Anastasopoulos I would write this emall to help determine when he must commence construction, so as to be In compliance With the Agreement Any way you and/or the Legal Department can prOVide such InSight? If he IS out of compliance With the terms of the Agreement to commence construction, will the Agreement need to go back to City Council? Thanks Time IS of the essence Wayne 2 ~ J I ~ This Agreement for Grant (the "AgreementU) IS made as oftlus ~ day of August 2003, by and between THE CITY OF CLEARWATER, FLORIDA, a mumclpal corporatIOn and polItIcal subdlvtSIOn ofllie State ofFJonda (the "CIty"), and B. J E, Inc ("Pehcan Walk"), WITNESSETH WHEREAS, the CIty of Clearwater has adopted a commumty revltahzatton plan entItled Beach by Deslgn, WHEREAS, Beach by Deslgn contemplates the prOVISion of adchtIOnal off-street parkIng on Clearwater Beach In support of resort development, beach patronage and the revitalIzation of North Mandalay; WHEREAS, the new high span bndge between the mamland and Clearwater Beach IS scheduled to open on or before March 31, 2004, WHEREAS, the new high span bndge Will Improve access to the beach and IOcrease the need for off-street parkmg on Clearwater Beach; WHEREAS, on days of peak beach patronage, there IS a senous shortfall m the aVaIlablhty ofpubhc parlang on Clearwater Beach; WHEREAS, the City of Clearwater has exhaustIvely analyzed the opportunIbes for provldmg additIonal parkmg on Clearwater Beach, WHEREAS Peltcan Walk IS the owner of certam real property on Clearwater Beach popularly known as the Pehcan Walk Shoppmg Center, WHEREAS, one of the SItes wluch the CIty has IdentIfied as a potenttal sIte for a parkmg garage IS the eXlstmg surface parkmg lot whIch IS a part of the Pelican Walk Shoppmg Center ("Parkrng Garage Site"), WHEREAS, the CIty of Clearwater has conducted vanous studIes of the feaSibIlity of constructmg additIonal off-street parkmg and evaluated more than twelve (12) different SItes; WHEREAS, the seasonahty of parkmg demand on Clearwater Beach compromises the financial feasIbIlIty of proVIdmg addltlonal parkmg because potential revenues are substantlally reduced dunng non-peak days, WHEREAS, PelIcan Walk has offered to work With the City of Clearwater to faCIlItate the prOVISIon of addItional off. street parkmg on Clearwater Beach, Pelican Walk Puking Garage Development Agreement 1 of 29 July 8. 2003 ~ (" r"'- (1(7- --; ') // { c j, , J I WHEREAS. the CIty ComnllsslOn of the CIty of Clearwater deternllned that the acquIsItlon of the Parkmg Garage Site and development and operatIon of a pubhc parkmg garage on the SIte could not be JustIfied on the basis of eXlstrng and projected parkmg revenues; WHEREAS. the Clty CommIssIOn detenmned that m the absence of addItIOnal pnvate development whIch generated additional off-street parkmg demand for non-peak days. the constructIon and operation of a public parkIng garage mvolved a measure of nsk the ComnllSSlOn was unWIlling to accept. WHEREAS, the CIty and Peltcan Walk have worked dlhgently to IdentIfy a finanCIally feaSIble approach to the construction and operation of a new parkmg garage on the ParkIng Garage Site. WHEREAS, PelIcan Walk offered to convey the Parkmg Garage SIte to the CIty so long as the amount of parkmg currently existing on the Parkmg Garage Site was aVallable to Pehcan Walk for Its tenants and customers, WHEREAS. the CIty of Clearwater employed profeSSIOnals expenenced In the financmg of parlang garages to evaluate the econotnlc feaslblhty of vanous opoons for a new parkIng garage on the Parkmg Garage SIte. WHEREAS, the economic feasibIlIty analysIs prepared for the City of Clearwater revealed that each of the options for a publIcly financed and operated garage mvolved a lIkehhood that revenues would be insuffiCient to cover debt ServIce and operatmg costs and that addItional parlang demand and revenues depended on the pace of reVItalIzatIon and redevelopment on Clearwater Beach and other matters beyond the CIty'S control, WHEREAS, Pehcan Walk has proposed~ as an alternative to a publtcly owned and operated parkmg garage, that Pehcan Walk construct a garage and make parklTIg m the garage aV811able to the publIc. mc1udmg the tenants and lDvltees of the Pelican Walk Shoppmg Center, on an equal, first come. first served basts fOT the useful hfe of the garage; WHEREAS. Pelican Walk has proposed that the new parkmg garage would be constructed and operated accordmg to the specIficatIOns of the City of Clearwater; WHEREAS. PelIcan Walk proposed that the CIty of Clearwater make a grant to PelIcan Walk m the amount of one mdhon and four hundred thousand dollars ($1,400,00000) III conSIderatIon for PelIcan Walk's constructIon and operatIOn of an off-street parlang garage open to the publIc, mcludmg the tenants and tnVltees of the Pehcan Walk Shoppmg Center, on an equal. first come~ first served basiS; WHEREAS, the parlong garage proposed by Pehcan Walk IS not economIcally VIable WIthout a grant maid m an amount of at least one mIlhon and four hundred thousand ($1,400,000,00). Pelican Walk Parking Garage Development Agreement 2 of 29 July 8~ 2003 ., I I WHEREAS, the Pehcan Walk proposal gIves the CIty of Clearwater addItIOnal publIc parkmg to the public WIthout additIOnal uncertam finanCIal nsk, WHEREAS, the proposed grant of one mtlhon and four hundred thousand dollars ($1,400,000 00) IS sIgmficantly less than the net cost of land acqUISItIOn, construction, financmg and operation of a pubhc parlang garage, WHEREAS, the CIty CommiSSIOn of the CIty of Clearwater has detenmned that the constructIOn of a new parking garage on the Parkmg Garage SIte aVaIlable to the public on an equal, first come, first served basIS wIll serve the best mterests of the CitIzens of the City, WHEREAS, the proVlSlOD of addtnonal parkmg aVaIlable to the publIc on an equal, first come, first serve basIS IS a valId publtc purpose, WHEREAS, the CIty understands that PelIcan Walk IS wIllIng to undertake the financIal nsk of desIgnmg, constructIng and operating the proposed Parkmg Garage and that PelIcan Walk IS relymg upon the stnct enforcement of eXlstmg mlUllclpal regulations governmg on-street and off-street parkmg as It undertakes the financial nsk of the proposed Parkmg Garage; WHEREAS, the CIty understands that the economIC feasIbIhty of the proposed Parking Garage would be adversely affected If the CIty were to construct or cause to be constructed or to otherwIse prOVide finanCIal support for addlttonal off-street parkmg spaces wrtlnn the ImmedIate VlcImty of the Parkmg Garage Site, ..HI..- WHEREAS, at a duly called publIc meetmg on the ll-.- day of July, 2003, the City CommISSIOn approved tlns Agreement, and authonzed and dIrected Its executIon by the appropnate officials of the City; and WHEREAS, the Board of DIrectors of B J E., Inc has approved thIS Agreement and has authonzed certam mdlVlduals to execute this Agreement on Its behalf. NOW, THEREFORE, In consIderanon of the mutual promlses and covenants contamed herem, the partIes hereby agree as follows' ARTICLE 1 DEFINITIONS. 1.01 Def"mitions The terms defined m dus ArtIcle 1 shall have the followmg meanmgs except as herem otherwise expressly prOVIded' 1. "Agreement" means tlns Grant In AId mcludmg any ExhibIts and any amendments thereto. 2 "Beach by DeSIgn" or" Plan" means the strategic redevelopment plan for Clearwater Beach dated 2001 whIch was adopted by the City Comrmsston Pelican Walk Parking Garage Development Agreement 3 of 29 July 8. 2003 I I pursuant to the prOVISIons of the Pmellas County Planmng Councll's Rules for the desIgnatIOn of a SpecIal Area PlanlCommumty Redevelopment DIStnct 3. "CIty" means the City of Clearwater, Flonda, a Flonda munIcIpal corporatIon 4 "CIty COmmISSIOn" means the govenung body of the CIty 5 "CIty'S Representattve" means that person desIgnated by the CIty to represent the CIty dunng the desIgn and constructIOn of the proposed ParkIng Garage. 6. "Commencement Date" means the date on wInch Pehcan Walk commences or causes a Contractor to commence constructIon of the PelIcan Walk Parkmg Garage 7 "Commence constructIon" means the start of meamngful phYSIcal development of a matenal part of the Parking Garage bUIldIng. 8 "ConstructIon CompletIon Date" means the date a final certIficate of occupancy IS Issued by the CIty for the PelIcan Walk Parlang Garage. 9 "EffectIve Date" means the date of approval and executIon of thIS Agreement as proVIded In SectIon 13 14 10 "ExlubIts" means those agreements, diagrams, drawIngs, speclfi catIons , Instruments, forms of instruments, and other documents attached hereto and deSIgnated as exh1bIts to, and Incorporated in and made a part of, thIS Agreement 11 "Parking Garage Site" means the land on whIch the eXisting Pehcan Walk surface parlang lot and assocIated stonn water management facIlItIes are located whIch IS located mmlechately to the east of the eXlstmg PelIcan Walk Shoppmg Center and fronts on POInsettla Avenue, as more particularly descnbed m ExInblt ~ 12 "Pehcan Walk ParkIng Garage" means a parkIng garage to be constructed on the Parking Garage SIte" conta.mlng not less than three hundred (300) off-street parlang spaces 13 "Plans and SpecIficatIons" means the schematIc, prehmmary and final constructIOn plans for the Pehcan Walk Parkmg Garage 14 "UnavOldable Delay" means a delay as descnbed tn Article 15 hereof. 1.02 Use of Words and Phrases. Words of the masculIne gender shall be deemed and construed to mclude correlanve words of the femlllme and neuter genders Unless the context shall otherwise indIcate, the smgular shall mclude the plural as well as the Pelican Walk Parking Garage Development Agreement 4 of 29 July 8, 2003 I I smgular number, and the word "person" shall mclude corporatIons and assocIatlOns, mcludmg publIc bodies, as well as natural persons "Herem," "hereby," "hereunder," "hereof, " "herembefore," "heremafter" and other equivalent words refer to thIS Agreement and not solely to the partIcular portlOn thereof m which any such word IS used 1.03 Florida Statutes. All references herem to Honda Statutes are to Flonda Statutes (2002), as amended from tune to tIme. ARTICLE 2. PURPOSE AND PROPOSED PARKING GARAGE. 2.01 Purpose of Agreement The pwpose of tlus Agreement IS to further the ImplementatlOn of Beach by DeSIgn by proVIding for addItional pubhc parkmg on Clearwater Beach to enhance the quality of hfe, mcrease employment and Improve the aesthetIc and useful enjoyment of Clearwater Beach all m accordance WIth and In furtherance of the ComprehensIve Plan and as authonzed by and m accordance WIth the prOVIsions of Flonda law. 2.02 Proposed Parking Garage. a Descnpbon, Pelican Walk proposes to develop a parkmg garage contammg at least three hundred (300) off street parkmg spaces on the Parkmg Garage SIte. The Parkmg Garage Will be deSigned and constructed m a manner whIch Will allow the subsequent addltlOn of at least two (2) addItIonal floors of parkmg All of the parking spaces m the Parkmg Garage wIll be open to the publIc, mcludmg the mVltees of the Pehcan Walk Shoppmg Center, on an equal, first come, first served basIS b Pubhc Benefits and PublIc Interest The proposed Parkmg Garage on the Park::mg Garage Site, mcludmg the deSign, construction, completlOn and operatIOn of the Parkmg Garage and each part thereof, IS hereby found by the partIes hereto (1) to be consistent WIth and 10 furtherance of the objectives of Beach by Deslgn and the Comprehensive Plan, (2) to conform to the proVISIOns of Flonda law, (3) to be m the best mterests of the CItizens of the CIty, (4) to further the purposes and objectIves of the CIty, and (5) to further the pubhc mterest and purpose of proVIding additIonal parkmg open to the pubhc on an equal, first come, first serve baSIS and eradlcatmg conditIons of deterioratIon, dIlapIdatIon, obsolescence and bhght on Clearwater Beach 2.03 Ownership of Parking Garage Site. Pehcan Walk IS the owner of the Parkmg Garage SIte 2.04 Cooperation of the Parties. The City and Pehcan Walk recogI1lze that the successful development and operation of the Parkmg Garage IS dependent upon contmued Pelican Walk Parking Garage Development Agreement 5 of 29 July 8,2003 I I cooperation of the CIty and PelIcan Walk, and each agrees that It shall act III a reasonable manner hereunder, provIde the other party Wlth complete and updated mformatlOn from time to time, WIth respect to the conditions such party IS responsIble for sabsfymg hereunder and make Its good faIth reasonable efforts to ensure that such cooperation IS contmuous, the purposes of thts Agreement are carned out to the full extent contemplated hereby and the Parkmg Garage is desIgned, constructed, completed and operated as proVIded herem. ARTICLE 3. REGULA TORY PROCESS. 3.01 Land Development Regulations a Land Use Deslgnabon The Parkmg Garage SIte IS located wIthm the Tounst Distnct as proVided In the City's Land Development RegulatlOns b Amendments to Land Development Regulations. The City covenants and agrees to cooperate With PelIcan Walk, to the extent permItted by law, m regard to any text or map amendment to the CIty'S Land Development Regulabons or approval under the City'S Land Development RegulatIons whIch may be necessary m order for PelIcan Walk to develop the Parkmg Garage as descnbed 10 SectIon 2 02(a) 3.02 Development Approvals and Permits. a ApphcatIons for Develonment Approval PelIcan Walk shall prepare and submit to the appropnate govermnental authontIes, mcludmg the CIty, applIcations for all necessary PermIts for the Parkmg Garage, and shall bear all costs of prepanng such applIcatIOns, applYIng for and obtammg such permIts, mcludmg payment of any and all applIcable applIcatIOn, InspectIon, regulatory and Impact fees or charges, except as otherwIse provIded III thiS Agreement b City CooperatIOn and ASSIstance The City shall cooperate Wlth PelIcan Walk with regard to all necessary approvals and or pemllts requIred for the constructIon, completion and openmg for busmess of the Parkmg Garage wlnch may be reqUIred from an agency of government other than the CIty. If requested by PelIcan Walk and authonzed by law, the CIty wIll Jom III any applIcation for any permIt or approval, or, alternatlvely, recommend to and urge any governmental authonty to which applIcatIon for any permIts has been made that such permIt or approval to Issue or approve the requested penmt or approval c CIty Authontv Preserved. The CIty'S dutles, oblIgations, or responslbIlItles under any sectIon of thIS Agreement, speCIfically mcludmg, but not hmlted to, tlns SectIon 302, shall not affect the CIty1s right, duty, oblIgatIOn, authonty and power to act in Its governmental or regulatory capacIty m accordance WIth applIcable Pelican Walk Parking Gsrage Development Agreement 6 of 29 July 8, 2003 I I laws, ordmances, codes or other bUIldmg regulatIOns Notwlthstandmg any other provision of this Agreement, any reqUIred penmttmg, licensmg or other regulatory approvals by the CIty shall be subject to the establIshed procedures and requIrements of the CIty With respect to revIew and penmttmg of a project of a simIlar or comparable nature, size and scope. In no event shall the City, due to any provIsion of thiS Agreement, be obligated to take any actIon concermng regulatory approvals except through ItS establtshed processes and in accordance wIth applicable provISIons of law 3.03 Not a Development Order or Permit. The City and Pehcan Walk hereby acknowledge, agree and represent that thIS Agreement IS not mtended to be and should not be construed or deemed to be a "development order" or development penmt" wlthm the meanmg of those terms m SectIOn 163 3164, Flonda Statutes ARTICLE 4. PLANS AND SPECIFICATIONS. 4.01 Plans and Specifications a ResponSIbilIty for Preparation of Plans and SpeCIficatIons Pehcan Walk shall be responsIble for preparing the SIte plan and schematIc, prehmmary, and final constructlon plans for the proposed Parking Garage. Dunng the deSign process, PelIcan Walk agrees that the City'S RepresentatIve shall have access to and a nght to review and approve all phases of deSign and constructIOn processes. b Character and QualIty. The City and Pehcan Walk agree that the proposed Parkmg Garage shall be deSIgned, constructed, mamtamed and operated In a manner consIstent With other first class or hIgh qualIty parkmg garages m the Tampa Bay region such as Centro Ybor or Channelslde garages The City and PelIcan Walk further agree that the Parkmg Garage will be deSIgned and constructed In a manner which Will ensure that the Parkmg Garage has a pOSItive Impact on the appearance and commulllty character of Clearwater Beach c Beach by DeSIgn. The City and Pehcan Walk agree that the Parkmg Garage WIll be deSigned m accordance WIth the reqUIrements of Beach by DeSIgn d Useful Life The City and Pelican Walk agree that the Parkmg Garage WIll be deSigned and constructed so as to have a useful hfe of not less than forty (40) years e ReVIew and Approval of Plans and SpeCificatIons by CIty Pelican Walk shall submIt schematlc, prelIminary and final plans to the City's Representative for Its reVIew and approval as a party to thiS Agreement The City'S Representatlve shall complete Its review of any plans wmch are submitted under thiS subsectIOn withm twenty (20) days or the particular plans which have been submltted shall be Pelican Walk Parkmg Garage Development Agreement 7 of 29 July 8, 2003 I I deemed approved as submitted Approval by the CIty'S Representative shall be separate and apart and shall not hmlt III any way the City's regulatory and permItting powers. f Use of QualIfied ProfessIOnals PelIcan Walk shall retam qualIfied profeSSIOnals to prepare the Plans and SpecIfications and shall cause such profeSSIOnals to prepare the Plans and SpeCifications ARTICLE 5. PELICAN WALK OBLIGATIONS. 5.01 Parking Garage Site Work. Pehcan Walk shall be responslble for all site tnvestIgahon, 5.02 Construction Budget for Parking Garage. Pelican Walk shall provIde the CIty With a sworn statement of a general contractor lIcensed m the State of Flonda as to the constructIon budget, mcludmg all costs and contIngencies. In the event that the constructIOn budget is modIfied upwards or downwards by more than ten percent (10%), PelIcan Walk shall subnnt a sworn statement of a general contractor as to the modlfied budget. 5.03 Construction of the Project. a. Commencement. PelIcan Walk shall commence construction of the ParkIng Garage 10 accordance WIth the Plans and SpecIfications for the ParkIng Garage wlthm twelve (12) months after the Effectlve Date and shall thereafter dIlIgently pursue constructIon to complehon wItbtn tlurtY-SIX (36) months of the EffectIve Date. b Payment of Contractors and SuoolIers PelIcan Walk agrees to promptly pay, or arrange to be paId, all moneys due and legally owmg to all persons or organIzatIons domg any work or furnIshIng any matenals, fuel, machmery or supplIes for the deSign and constructIon of the Parlang Garage. c MaIntenance of Construction Site Dunng the constructIOn of the Parlang Garage, PelIcan Walk shall, at Its own expense, keep the Parkmg Garage SIte 10 good and clean order and comution. d. Maintenance of Parkmg for PelIcan Walk Shoppmg Center. Pnor to the commencement of constructIon, PelIcan Walk shall prepare a "MaIntenance of Off-Street Parlang Plan" wluch plan shall IdentIfY the off-street parkIng faCIlities wluch wIll be used to proVlde adequate and reasonable off~street parlang to the employees and mVltees of the tenants of the PelIcan Walk Shoppmg Center For the purposes of tlus subsectIon, "off-street parlang facllIttes" means parkmg spaces av&lable to the general publIc or avaIlable to Peltcan Walk by pnvate agreement and valet servIces. Pelican Walk Parking Garage Development Agreement 8 of 29 July 8, 2003 I I 5.04 Construction Completion Security. A condItIon precedent to the payment of any publIc momes 10 accordance WIth the terms and condItIons of thiS Agreement, PelIcan Waik shall prOVIde the City WIth good and suffiCient secunty to guarantee the completion of the Parking Garage. The security shall be In an amount equal to one hundred and twenty-five percent (125%) the estimated cost of ,construction based on approved construction plans The form of the surety shall be bond ISSUed by a busmess organization subject to the regulatory authority of the State of Flonda, an uncondittonalletter of credIt Issued by a Federally Insured financial Institution or other form of secunty acceptable to the City Attorney 5.05 Operation of Parking Garage. PelIcan Walk agrees and covenants that It shall operate the Parkmg Garage on the followmg terms and conditions: a. ODeD to the PublIc The ParkIng Garage shall be available to the general pubhc, Includmg the tenants and partners of the PelIcan Walk Shoppmg Center, on an equal, first come, first served basIS. For the purposes of thIS Agreement, equal, first come, first serve means that each and every parking space WIll aVailable for use by the pubhc at all tunes when the Parkmg Garage IS open, and that at least three hundred parking spaces shall be unrestncted (no reserved parkmg) wlthm the Parking Garage for a penod of not less than thIrty (30) years after the issuance of a final certIficate of occupancy for the Parkmg Garage b. Hours of Operation, The Parkmg Garage shall be open for publIc parkmg between the hours of 10'00 a m. and 9,00 p.m. dally except Fndays, Saturdays, and legal hohdays recognized by the City of Clearwater, on which days the garage shall remain open unhllO'OO pm c. ParkIng Rates. Parking rates charged the general publIc for the use of parking spaces 10 the Parkmg Garage shall be consIstent WIth the parlang rates charged, from time to time, for parkmg spaces In parkmg garages located m other resort locatlons In Flonda; proVIded however, that parlang rates for use of parkmg spaces 10 the ParkIng Garage shall not exceed one hundred and fifty percent (150%) of the average parkIng rate charged by the Clty for off-street parlang on Clearwater Beach or three dollars and seventy-five cents ($3 75) per hour, whIchever IS greater 5.06 Parking Easement. Pehcan Walk shall grant a parkmg easement ID the Parkmg Garage SIte and the Parlang Garage on the terms and conditIons set out m thIS Agreement 1Oclud1Og the term of thIrty (30) years 10 seetlon 13.13 of tlus Agreement whIch shall specIfically apply to sald parlang easement The reqUIred easement shall be substantially m the form of ExhtbIt B to be attached to thIs Agreement and shall be delivered to the City pnor to payment of any part of the grant-ID-ald prOVIded for In the Agreement Pehcan Walk understands and agrees that such easement WIll be recorded by the City Pelican Walk Parking Garage Development Agreement 9 of 29 J nly 8, 2003 I I ARTICLE 6. CITY OBLIGATIONS. 6.01 Financial Grant in Aid, The City agrees to make a grant In aid to PelIcan Walk In support of the desIgn and construction of the Park10g Garage In the amount of one' millIOn and four hundred thousand dollars ($1,400,000.00) The grant In aid wlll be paId to PelIcan Walk as prOVIded for 10 subsection 6.07 of this Agreement. As conditIOn precedent to any payments of the grant aid, PelIcan Walk shall prOVIde the CIty WIth a sworn statement specifically descnbmg the costs Incurred for which reimbursement IS elIglble together Wlth a sworn statement of the percentage (%) completed for the Park10g Garage 6.02 Payment of the Grant in Aid. The Clty agrees to pay the grant m aid to PelIcan Walk, In accordance WIth the followmg a. Upon completion of the constructlon plans for the Parking Garage and the issuance of a bUlldmg penmt by the City, the CIty shall reImburse PelIcan Walk for the actual cost of prepanng the schematic, prehmInary, and final construction plans in an amount not to exceed fifteen percent (15%) of the total proJ ect budget b Upon completion of tlnrty three percent (33%) of the constructIOn of the Parkmg Garage, the CIty shall pay Pehcan Walk one thml (1I3rd) of the remaIfilng Wlpmd grant m aid (grant in aid less reimbursement payment for the cost of preparing the schematic, prelIminary, and final construction plans) c Upon completion of SIXty-SIX percent (66%) of the constructIon of the Parkmg Garage, the City shall pay Pelican Walk for one tlnrd (11300) of the remammg unpaid grant m aid (grant 10 aid less reimbursement payment for the cost of prepanng the schematIc, prelllmnary, and final construction plans). d Upon Issuance ofa final certificate of occupancy, the City shall pay Pehcan Walk the balance of the remammg unpmd grant in 3ld (grant m md less reimbursement payment for the cost of prepanng the schematic, prehmmary, and final constructIOn plans). 6.03 Enforcement of Municipal Parking Regulations The City agrees to take all reasonable and necessary steps to enforce each and every eXlstmg murnclpal regulation wlthm one thousand (1,000) feet of the closest part of the Parkmg Garage SIte 6.04 Construction of Additional Off-Street Parking Spaces in the Immediate Vicinity. The CIty understands and agrees that as a party to tins Agreement, Pehcan Walk assumes certalll financial nslcs wmch may be adversely affected by the constructIon of addltlOnal off-street parkmg spaces III the immediate VIClmty of the Parkmg Garage SIte In consIderatton thereof, the CIty agrees that m the event the CIty determllles, wlthm five (5) Pebcan Walk Parking Garage Development Agreement 10 of29 July 8, 2003 I " I years after the Issuance of a final certificate of occupancy for the Parkmg Garage, that addIuonal off-street City owned or financially supported parlang spaces open to the public located wrtllln one thousand (1,000) feet of any portion of the Parkmg Garage SIte are necessary and appropnate, the CIty agrees the CIty wIll proVide Pehcan Walk WIth wntten notice of Its detemunatlOll, and that In that event. a. Pehcan Walk shall have a first nght to construct an additional two hundred (200) off-street parkmg spaces to meet the need for additional off-street parkmg spaces which the City has detenmned are necessary and appropnate, proVIded that such addItIonal off-street parkmg spaces are open to the publIc on an equal, first come, first served basiS subject to the terms of thIS Agreement as proVIded In sectIon 13.13. b. In the event that Pehcan Walk opts to exercise Its first nght to construct at least two hundred (200) additIonal off.street parlang spaces, PelIcan Walk shall gIVe the City wntten nouce of Its intent wlthm thirty (30) days after receIpt of the City's wntten notice of the CIty'S determmation that addlttonal spaces are necessary and appropriate, c In the event that Pehcan Walk gIves the CIty notIce of Its mtent to construct at least two hundred (200) additIOnal off-street parkmg spaces, Pehcan Walk shall commence construCTIon of the additIonal spaces WIthIn SIX (6) months of the date of Pelican Walk's written notIce d. In the event that Pehcan Walk gives the City notice of Its mtent to construct at least two hundred (200) addItIonal off-street pariang spaces, Pehcan Walk shall be solely responsIble for the cost of constructlOn of the addITIonal parlang spaces e In the event that Pehcan Walk exerCIses ItS first right to construct at least two hundred (200) additional off-street parking spaces, the CIty agrees that the CIty WIll not use or cause to be used, pubhc funds for the constructIOn of any additional off-street parkmg spaces wIthIn one thousand (1,000) feet of any portIOn of the Parking Garage SIte for a penod of five (5) years from the date of CertIficate of Occupancy of the additIonal spaces or untIl PelIcan Walk shall have achieved a Stabihzed Occupancy for the total number of off-street parkmg spaces in the expanded Parlang Garage, so long as the additIonal parkmg spaces are open to the public on an equal first come, first served basIS For the purposes of thlS subsectlOn, StabIlIzed Occupancy shall mean that SIxty-five percent (65%) of the total number ofparkmg spaces In the Parkmg Garage (after the constructIon of the addITIonal parkmg spaces) are OCCUpIed on an average of four (4) hours of per day, three hundred and sixty five (365) days per year OSTAB = K = StabIbzed Occupancy Number ofParlang Spaces Pelican Walk Parlung Garage Development Agreement llof29 July 8, 2003 I I OAVG = Average Percent ofParlang Spaces OCCUpIed (65%) HAVG = Average Number of Hours OccupIed per Day (4) OSTAB =(OAVG)(HAVG)(K)(DA YS) GSTAB =( 65)(4)(K)(365) f PelIcan Walk wIll conduct and submIt to the City sworn affidaVIts of annual audIts of occupancy mcludmg all spaces OCCUpied whether by pay parkmg or by valIdatIon based on an mltIal date of CertIficate of Occupancy of either the first or second phase of construction untIl stabilized occupancy IS achieved or the applIcable timeframe has expired g In the event that PelIcan Walk opts not to exerCIse Its first ngbt to construct at least two hundred (200) additIonal off-street parkmg spaces, the City shall be free to construct addItional off-street parlang spaces WIthm one thousand (1,000) feet of any portion of the Parkmg Garage Site Without regard to the level of occupancy achieved by PelIcan Walk. h. NotwIthstandmg any other proVISIOn of thiS Agreement, mcludmg the prOVIsIons of thiS subsectIon 6.04, the City and PelIcan Walk understand and agree that the CIty shall retain the ngbt to construct or fund additlonal off-street parkmg spaces WIthin one thousand (1,000) feet of any portIOn of the Parkmg Garage Site, If the CIty detennmes that such off-street parkmg IS a necessary element of a proposed DestmatlOn Resort development undertaken m accordance WIth the proVISIons of Beach by Deslgn ARTICLE 7. INDEMNIFICATION OF THE CITY BY PELICAN WALK. 7.01 Indemnification a. PelIcan Walk agrees to mdemmfy, defend and hold harmless, the CIty, Its respective agents, officers, or employees from any and all lIabilItIes, damages, penalties, Judgments, claIms, demands, costs, losses, expenses or attorneys' fees through appellate proceedIngs, for personal Injury, bodIly mjury, death or property damage ansmg out of, or by reason of any act or omiSSIOn of PelIcan Walk, ItS agents, employees or contractors ansmg out of, In connectIOn WIth or by reason of, the performance of any and all SerVlces covered by this Agreement, or which are alleged to have ansen out of, m connectIon WIth or by reason of, the performance of any and all SetVlces covered by thIS Agreement, or whIch are alleged to have ansen out of, 10 connectIon WIth, or by reason of, the performance of such SeTV1ceS " PelIcan Walk Parking Garage Development Agreement 12 of 29 July 8, 2003 "'" I I b Pehcan Walk shall 1OdemmfY, defend and hold hannless the CIty, Its officers and employees from any and all lIabIlitIes, damages, costs, penalties, Judgments, claims, demands, losses, or expenses (mcludmg, but not lImIted to, actual attorneys' fees and engmeenng fees) ansmg from or attnbutable to any breach by PelIcan Walk of any dutIes, responsibilIties, obhgatIons or covenants conta1Oed m thiS Agreement. c. PelIcan Walk's 10demruty oblIgations under subseCTIons (a) and (b) of thIS Article shall end and be of no future force and effect after the Construchon CompletIOn Date. ARTICLE 8. REPRESENTATIONS, WARRANTIES AND COVENANTS OF PELICAN WALK. 8.01 Representations and Warranties PelIcan Walk represents and warrants to the CIty that each of the follOWIng statements is currently true and accurate and agrees that the CIty may reI y upon each of the followmg statements: a PelIcan Walk IS a Flonda corporation duly orgamzed and valIdly eXlstmg under the laws of the State of Flonda, has all requlSlte power and authonty to carry on Its busmess as now conducted, to own or hold ItS properties and to enter 1Oto and perform its obliganons hereunder and under each document or mstrument contemplated by this Agreement to whIch It is or wIll be a party, IS qualified to do business in the State of Flonda, and has consented to Serv1ce of process upon a deSignated agent for servIce of process m the State of Flonda b TIns Agreement has been duly authonzed by all necessary actIon on the part of, and has been or Will be duly executed and delivered by, Pelican Walk, and neither the executIOn and dehvery thereof, nor complIance With the tenns and proVISIons thereof or hereof: (1) requires the approval and consent of any other party, except such as have been duly obtained or as are specifically noted herem, (u) contravenes any eXlstmg law, Judgment, governmental rule, regulatIOn or order apphcable to or b10dmg on Pelican Walk, (111) contravenes or results 10 any breach of, default under or, other than as contemplated by thts Agreement, results m the creation of any hen or encumbrance upon any property of Pehcan Walk under any mdenture, mortgage, deed of trust, bank loan or credIt agreement, PelIcan Walk's ArtIcles of Incorporation, or, any other agreement or mstrument to whIch PelIcan Walk IS a party or by wluch Pehcan Walk may be bound. c. ThIs Agreement and any document contemplated or reqUIred by tins Agreement to wmch PelIcan Walk IS or wlll be a party constitutes, or when entered Into Will constitute, a legal, valId and bmdmg oblIgatIOn of Peltcan Walk enforceable Pelican Walk Parking Gange Development Agreement ]3 of 29 July 8, 2003 I I agamst PelIcan Walk in accordance WIth the tenns thereof, except as such enforceabIlIty may be lImited by applicable bankruptcy, Insolvency or sImtlar laws from tune to hme In effect wluch affect cre(htors' nghts generally and subject to usual eqUItable pnnCtples In the event that eqUItable remedIes are Involved d There are no pendIng or, to the knowledge of Pelican Walk, threatened actIons or proceedmgs before any court or admlmstratIve agency against Pehcan Walk, or agamst any controlling shareholder, officer, employee or agent of PelIcan Walk, whtch could affect the valIdIty of thts Agreement or any document contemplated hereunder, or wluch are lIkely In any case, or m the aggregate, to matenally adversely affect the consummatIon of the dunes and oblIgatIons contemplated III thts Agreement or the finanCial condItton ofPehcan Walk e. Pelican Walk has filed or caused to be filed all federal, state, local and foreign tax returns, If any, which were requIred to be filed by Peltcan Walk, and has paId, or caused to be paId, all taxes shown to be due and payable on such returns or on any assessments levted agamst Pelican Walk. f The pnnclpal place ofbusrness and pnnclpal executIVe offices ofPehcan Walk IS Clearwater, Florida, and Pelican Walk agrees to maIntaIn records concernmg the Parking Garage (such as constructIOn contracts, finanCIng documents and corporate documents) and all contracts, licenses and sunllar nghts relatmg thereto at an office In Ptnellas County. g PelIcan Walk has the finanCIal capabilIty to carry out Its oblIgatIons and responsibIlItIes in connecnon With the development of the parkmg Garage as contemplated by thIS Agreement h Pelican Walk has the expenence, expertIse, and capabIlity to develop, cause the constructIOn, and complete the Project and, oversee and manage the deSIgn, planmng, constructIOn, completIon and opemng for busmess of the Parkmg Garage 8.02 Covenants. PelIcan Walk covenants With the CIty that untIl the ConstructIOn CompletIon Date: a, PelIcan Walk shall tImely perform or cause to be performed all of the obhgahons contamed heretn whIch are the responsIbIlIty ofPehcan Walk to perform b Dunng each year that thts Agreement and the oblIgatIOns of PelIcan Walk under tlus Agreement shall be m effect, PelIcan Walk shall cause to be executed and to contmue to be in effect those mstruments, documents, certificates, permIts, Pelican Walk Parking Garage Development Agreement 14 of 29 July 8, 2003 I I lIcenses and approvals and shall cause to occur those events contemplated by thIS Agreement that are applIcable to, and that are the responsIbIhty of, Pehcan Walk. c PelIcan Walk shall assist and cooperate WIth the City to accomplIsh the development, operation, and mamtenance of the Parkmg Garage by PelIcan Walk m accordance With the Plan and SpectficatlOns, and tins Agreement, and will not VIolate any laws, ordmances, rules, regulations, orders, contracts or agreements that are or will be applIcable thereto. d Subsequent to the Effective Date, PelIcan Walk shall mamtam ItS financial capabIlIty to develop, construct, complete, operate and mamtam the Parkmg Garage and shall promptly notify the City of any event, condItion, occurrence, or change m Its financial condrtIon WhICh adversely affects, or with the passage of tIme is lIkely to adversely affect, PelIcan Walk's financial capabIlIty to successfully and completely construct, complete, operate and mamtam the Parkmg Garage as contemplated hereby. e. Pelican Walk shall promptly cause to be filed when due all federal, state, local and foreign tax returns required to be filed by it, and shall promptly pay when due any tax reqUITed thereby. f. PelIcan Walk shall maintain Its eXistence, wIll not dIssolve or substantially dIssolve all of Its assets and wIll not consolIdate with or merge mto another corporation, hmlted partnership, or other entIty or permIt one or more other corporatIons or other entity to consolIdate With or merge mto It WithOut the prior approval of the City unless PelIcan Walk retains a controllIng mterest III the consolidated or merged corporatIOn, and wIll promptly notIfy the CIty of any changes to the eXistence or form of the corporatIOn or any change 10 the controllmg shareholders, officers or dlfectors of PelIcan Walk. g PelIcan Walk shall not sell, lease, transfer or otherwise dIspose of all or substantially all Its assets WIthout adequate conSIderation and Will otherwIse take no action whIch shall have the effect, smgularly or In the aggregate, of rendenng PelIcan Walk unable to continue to observe and perform the covenants, agreements, and condItIons hereof and the performance of all other oblIgations requIred by tins Agreement. h PelIcan Walk shall design, construct and complete the Parkmg Garage such that It IS substantIally complete as proVided 10 thiS Agreement no later than the Project Completion Date Pelican Walk Parking Garage Development Agreement 15009 July 8, 2003 I I I. In the event that Pelican Walk shall convey any mterest m the Parlang Garage SIte, Pelican Walk shall obtain a wntten affidaVIt of acknowledgment of the oblIgattons of the Agreement and promIse a copy of the affidaVIt to the CIty. ARTICLE 9. REPRESENTATIONS, WARRANTIES AND COVENANTS OF THE CITY. 9.01 Representations and Warranties. The CIty represents and warrants to the Developer that each of the followmg statements IS currently true and accurate and agrees that the Developer may rely on each of the followmg statements' a The CIty IS a valIdly eXIstmg body corporate and polItiC of the State of Flonda, has all reqUISIte corporate power and authonty to carry on ItS busmess as now conducted and to perform its obhgab.ons hereunder and under each document or mstrument contemplated by thIS Agreement to whICh It IS or wIll be a party b TIns Agreement and each document contemplated or reqUIred by thIS Agreement to which the CIty IS or WIll be a party have been duly authonzed by all necessary achon on the part of, and have been or Will be duly executed and dehvered by, the CIty, and netther the execution and delIvery thereof, nor comphance With the terms and prOVISIons thereof or hereof (I) reqUIres the approval and consent of any other party, except such as have been duly obtamed or as are speCIfically noted herem, (11) contravenes any eXlstmg law, judgment, governmental rule, regulatIon or order apphcable to or bmdmg on the City, (lll) contravenes or results In any breach of, or default under or, other than as contemplated by thIS Agreement, results m the creahon of any hen or encumbrance upon any property of the CIty under any indenture, mortgage, deed of trust, bank loan or credIt agreement, apphcable ordmances, resolutiOns or, on the date of thIS Agreement, any other agreement or mstrument to winch the City IS a party, specIfically mcludmg any covenants of any bonds, notes, or other forms of indebtedness of the CIty outstandmg on the Effective Date. c. TIus Agreement and, to the extent such documents presently eXIst m a form accepted by the CIty and Pehcan Walk, each document contemplated or reqUIred by thts Agreement to which the CIty IS or will be a party constItute, or when entered mto will constItute, legal, valId and bInding oblIgatIOns of the CIty enforceable agamst the City m accordance WIth the terms thereof, except as such enforceabIlIty may be ltmlted by publIc polIcy or applIcable bankruptcy, msolvency or SImIlar laws from tIme to tIme III effect whIch affect credItOrs' nghts generally and subject to usual eqUitable pnnclples 10 the event that eqUItable remedIes are mvolved Pelican Walk Parking Garage Development Agreement 16 of 29 July 8, 2003 ) I 9.02 Covenants, The CIty covenants WIth Pehcan Walk- a The CIty shall timely perfonn, or cause to be performed all of the oblIgations contained herem which are the responslbIhty of the City to perform. b During each year that thiS Agreement and the obhgatIOns of the City under thIS Agreement shall be m effect, the CIty shall cause to be executed and to contmue to be in effect those Instruments, documents, certrficates, permits, lIcenses and approvals, and shall cause to occur those events contemplated by thIS Agreement that are apphcable to and are the responsIbIlIty of the CIty, c The City shall asSist and cooperate WIth PelIcan Walk to accomphsh the development of the Parking Garage 10 accordance WIth thIS Agreement and the Plans and SpecIfications, wIll carry out Its duties and responSibIlIties contemplated by thiS Agreement, and Will not VIolate any laws, ordmances, rules, regulations, orders, contracts, or agreements that are or will be apphcable thereto, and, to the extent penmtted by law, the CIty wIll not enact or adopt or urge or encourage the adoptlon of any ordmances resoluttons, rules regulatiOns or orders or approve or enter mto any contracts or agreements, mcludmg Issumg any bonds, notes, or other forms of mdebtedness, that will result in any proVISIon of tins Agreement to be m VIOlation thereof. ARTICLE 10 DEFAUL T. 10.01 Failure of Pelican Walk to Commence Construction of the Parking Garage. In the event that Pelican Walk shall fad to commence construction of the Parkmg Garage wIthm twelve (12) months after the Effective Date of tlus Agreement, the CIty shall have the right to give Pelican Walk wntten notIce that tlus Agreement has terrmnated and shall be of no further force and effect. In the event that the CIty shall have reImbursed Pehcan Walk for the preparation of schematic, preluninary and final construction plans for the proposed Parkmg Garage, at the City'S optIOn: 1) PelIcan Walk shall repay the City all Money prod to PelIcan Walk; or 2) all desIgn.s, drawmgs and other documents and the mtellectual property they constltute shall become the property of the CIty. 10.02 Failure of Pelican Walk to Complete Construction oftbe Parking Garage. a In the event that Pehcan Walk shall commence construction of the Parkmg Garage and thereafter cease work on the constructIOn of the Parkmg Garage pnor to Issuance of a final certIficate of occupancy, such CIrcumstances shall constltute an event of default, and the City, may give Pehcan Walk wntten notIce of the City'S mtent to declare Pehcan Walk to be III default and the CIty'S mtent to cure the default Pelican Walk Parking Garage Development Agreement 17 0(29 July 8, 2003 J I b. In the event the CIty gIves Pelican Walk wntten notIce of default and mtent to cure, Pehcan Walk shall have SIXty (60) days m which to cure the default and re- conunence construction of the Parking Garage. In the event that PelIcan Walk shall fad to cure the default by re-conunencmg construction, the CIty shall have the nght to draw upon the constructIon completIOn seeunty and to cause the constructIOn of the Parking Garage to be completed. c In addItion to the nght of cure estabhshed In subsectIon b of tins sectIon, In the event that the construction completIOn secunty IS msufficlent to complete constructIOn of the parkmg garage, the CIty shall have the nght to cause the garage to be completed and to place a lIen on the Parkmg Garage SIte equal to the addItIonal cost of completIng construction In such event, the City shall be entItled to operate the parlang garage for the benefit of Pehcan Walk and the City until such time as the addItional cost to complete IS repaId 10.03 Failure of Pelican Walk to Operate the Parking Garage in Accordance with the Requirements of the Agreement. In the event that PelIcan Walk should faIl to comply WIth any reqUIrement of tins Agreement With regard to the operatIOn and mamtenance of the Parking Garage, then the CIty shall have a nght of specIfic performances and shall be entitled to actual damages. In the event of such htigatIon, the prevallmg party shall be entltled to recover Its costs and attorneys' fees from the other party. 10.04 Failure of City to Enforce Municipal Parking Regulations In the event that the City should fall to enforce muniCIpal parking regulatlons as provided for In sectIon 6 03 of t1us Agreement, Pelican Walk may, after gIvmg the City wntten notice of such fallure and the City thereafter fads to cure such faIlure wlthm fifteen (15) days of receipt of such notice, seek judIcial enforcement of Its rights under sectlon 6 03 of thIS Agreement In the event that the Pelican Walk shall prevaIl In a JUdiCIal proceedIng to enforce the prOVISIOns of sectIOn 603 of tins Agreement, the CIty shall reImburse PelIcan Walk for Its attorneys' fees and cost Incumng In enforCIng Pehcan Walk's nghts pursuant to thIS Agreement 10.05 Obligations, Rights and Remedies Cumulative Unless specrfically stated herem to the contrary, I the specified nghts and remedIes to which the City IS entitled under this Agreement are not exclusive and are Intended to be In addItIon to any other remedies or means of redress to which the City may lawfully be entltled and are not speCifically prohibited by thiS Agreement. 10.06 Non-Action on Failure to Observe Provisions of this Agreement. The faIlure of the City or PelIcan Walk to promptly or contmually mSIst upon stIlct performance of any term, covenant, condItion or proVISIOn of thIS Agreement, or any ExhIbIt hereto, or any other agreement, Instrument or document of whatever form or nature contemplated hereby shall not be deemed a waiver of any nght or remedy that the City or Pehcan Walk may Pelican Walk Parking Garage Development Agreement 180f29 July 8, 2003 I I have, and shall not be deemed a waiver of a subsequent default or nonperformance of such tenn, covenant, condItion or proVISIon. ARTICLE 11 UNAVOIDABLE DELAY. 11.01 Unavoidable Delay, a Any delay In performance of or inabIlIty to perform any oblIgatIOn under thiS Agreement (other than an oblIgation to pay money) due to any event or condItIon descnbed in paragraph (b) as an event of "UnaVOidable Delay" shall be excused m the manner proVIded m thIS SectIon 11.01 b. "UnavOIdable Delay" means any of the followmg events or condItIons not currently eXIstmg at the effective date of tins Agreement or any combmatlOll thereof: acts of God, acts of the publIc enemy, not, InsurrectIon, war, pestIlence, archaeologIcal excavations requued by law, unavailabIlIty of matenals after trmely ordenng of same, epidemICS, quarantme restnctlons, freight embargoes, fire, lIghtrnng, hum canes, earthquakes, tornadoes, floods, extremely abnormal and exceSSively inclement weather (as IndIcated by the records of the local weather bureau for a five year period precedmg the EffectIve Date), stnkes or labor dIsturbances, delays due to proceedings under Chapters 73 and 74, Florida Statutes, restoratIon in connection WIth any of the foregOIng or any other cause beyond the reasonable control of the party performmg the obligatIOn In question, mcluding, WIthout 11lmtatIon, such causes as may anse from the act of the other party to this Agreement, or acts of any govenunental authonty (except that acts of the City shall not constItute an UnaVOIdable Delay WIth respect to performance by the City) c. An applIcatlOn by any party hereto (referred to In this paragraph (c) and In paragraph (d) as the "ApplIcant") for an extenSIOn of time pursuant to thiS subsection must be In wotmg, must set forth 10 detail the reasons and causes of delay, and must be filed WIth the other party to thts Agreement wIthm seven (7) days follOWIng the occurrence of the event or condItion causmg the UnaVOIdable Delay or seven (7) days follOWIng the ApplIcant becommg aware (or WIth the exercise of reasonable dIligence should have become aware) of such occurrence d. The ApplIcant shall be entItled to an extenSIOn of tIme for an UnaVOidable Delay only for the number of days of delay due solely to the occurrence of the event or condItion caus10g such UnaVOIdable Delay and only to the extent that any such OCC\llTence actually delays that party from proceedtng With ItS nghts, dutles and oblIgatIOns under tins Agreement affected by such occurrence. Pelican Walk Parking Garage Development Agreement 19 of 29 July 8,2003 I I ARTICLE 12 FIRE OR OTHER CASUALTY; CONDEMNATION. 12.01 Loss or Damage to Parking Garage. a For a penod of thtrty (30) years after the Issuance of a final certificate of occupancy by the CIty for the Parkmg Garage, and wtthout regard to the extent or avallability of any insurance proceeds, PelIcan Walk covenants and agrees to dihgently commence and complete the reconstructlon or repaIr of any loss or damage caused by fire or other casualty to each and every part of the Parlong Garage to substantially the same SiZe, floor area, cubIC content and general appearance as eXisted pnor to the occurrence of such loss or damage, promptly after the City approves the Plans and Spectficatlons for such reconstruction or repwrs. b. The CIty shall review the Plans and SpecIfications for such reconstruct100 or reparrs as soon as possIble after filIng thereof by PelIcan Walk The City agrees to approve the Plans and Speclficattons for such reconstructIon or repwrs If the reconstruction or repaIrs contemplated by such Plans and SpeclficatlOns wIll restore the Parlang Garage, or the damaged portion thereof, to substanttally the same condition as eXisted pnor to the occurrence of such loss or damage and If such Plans and SpecIfications conform to the applicable laws, ordmances, codes, and regulatIons m effect at the tIme of filIng with the City of the Plans and SpecIfications for such reconstructIon or repaIrs. c. If PelIcan Walk fwls to repaIr or restore any sIgmficantly damaged portIon of the Project, the CIty may, at Its electlon and after thIrty (30) days notIce to PelIcan Walk, bnng an act:lOn In a court of competent junsdlctlon to compel PelIcan Walk to rep31r or restore such damage, In the event of such lIttgatlon, the preVaIllOg party shall be entitled to recover Its costs and attorneys' fees from the other party 12.02 Project Insurance Proceeds. a Whenever the Parlong Garage or any part thereof, shall have been damaged or destroyed, PelIcan Walk shall promptly make proof of loss and shall proceed promptly to collect, or cause to be collected, all valId claIms wmch may have ansen agalOst Insurers or others based upon such damage or destruction, b PelIcan Walk agrees that all proceeds of property or casualty tnsurance receIved by PelIcan Walk as a result of such loss or damage shall be aVaIlable and shall be used for payment of the costs of the reconstructlon or repau of the Parkmg Garage to the extent necessary to repwr or reconstruct the Parkmg Garage. Pelican Walk Parking Garage Development Agreement 20 of 29 July 8, 2003 I I 12.03 Notice of Loss or Damage to Parking Garage. PelIcan Walk shall promptly gIVe the CIty wntten notIce of any slgruficant damage or destructIon to the Parkmg Garage statmg the date on whIch such damage or destIUct10n occurred, the expectatIons of Parkmg Garage as to the effect of such damage or destructIon on the use of the Parkmg Garage and the proposed schedule, if any, for repair or reconstructIon of the P arkmg Garage ARTICLE 13 MISCELLANEOUS 13.01 Assignments by Pelican Walk a Pnor to the Commencement Date. Pehcan Walk may sell, convey, assIgn or otherwIse dtspose of any or all of Its nght, title, Interest and obhgatIOns In and to the ParkIng Garage SIte and the Parking Garage, or any part thereof, only WIth the prior wntten consent of the City, such consent shall not be unreasonably WIthheld provided that such party (hereInafter referred to as the "asslgneetl), to the extent of the sale. conveyance. assIgnment or other dISposItIon by PelIcan Walk the Developer to the asSIgnee, shall be bound by the terms of thiS Agreement the same extent as PelIcan Walk b If the assignee of PelIcan Walk's right, tItle, mterest and obligatIons m and to the Parkmg Garage assumes all of PelIcan Walk's oblIgations hereunder for the Parkmg Garage. then Pehcan Walk shall be released from all such obligations hereunder which have been so assumed by the asSIgnee, and the CIty agrees to execute an mstrument eVIdencmg such release, which shall be m recordable fonn c An assignment of the Parking Garage, or any part thereof, by Pehcan Walk to any corporation. lllruted partnershIp. general partnershIp, or Jomt venture, In which Pehcan Walk IS the or a general parmer Of has eIther the controllIng mterest or through a Joint venture or other arrangement shares equal management nghts WIth a finanCial mstItutlOD and maintams such controllIng mterest or equal management nghts shall not be deemed an assignment or transfer subject to any restnctIon on or approvals of asSIgnments or transfers Imposed by this Section 13,01, prOVided, however, that notIce of such asSIgnment shall be gtven by Pehcan Walk to the City not less than thtrty (30) days pnor to such asSIgnment beIng effective and the asSIgnee shall be bound by the tenns of this Agreement to the same extent as would PelIcan Walk III the absence of such aSSIgnment. 13.02 Successors and Assigns The tenns and obhgatiOns herem contamed shall bInd and mure to the benefit of the CIty and PelIcan Walk and Its successors and asSignS, mc1udmg any lessee of the ParklOg Garage In the event that Pehcan Walk enters mto a lease of the Parkmg Garage or sells the Parkmg Garage and real property, the obhgatIons of thIS Agreement shall be enforceable agamst PelIcan Walk and Its lessee or successor until the Pelican Walk Parking Garage Development Agreement 21 of 29 July 8, 2003 I I ConstruCTIon Completion Date, at whIch time PelIcan Walk shall be released from any further obligations dunng the term of such lease, so long as PelIcan Walk has no oblIgations or nghts to operate the Parkmg Garage 13.03. Notices a. All nottces, demands, requests for approvals or other commurucatIons gIven by eIther party to another shall be m wntmg, and shall be sent by regIstered or certIfied mall, postage prep3.1d, return receIpt requested or by couner servJ.ce, or by hand delIvery to the office for each party mdlcated below and addressed as follows. To Pelican Walk: Nickolas C. EkonomIdes NIckolas C. EkonomIdes, P.A 791 Bayway Boulevard Clearwater, FL 33767 To the City: Pamela AkIn, City Attorney CIty of Clearwater P O. Box 4748 Clearwater, FL 33758-4748 b. Nottces gIven by couner service or by hand delIvery shall be effectIve upon dehvery and notlces gIVen by mad shall be effectIve on the thud (3rd) busmess day after matlmg. Refusal by any person to accept dehvery of any notIce delIvered to the office at the address mdlcated above (or as It may be changed) shall be deemed to have been an effective dehvery as proVIded In tJu.s SectIOn 13 03 The addresses to which notIces are to be sent may be changed from tIme to tIme by wntten notIce dehvered to the other parties and such notIces shall be effectIve upon receipt. Until notice of change of address is receIved as to any partIcular party hereto, all other partIes may rely upon the last address given 13.04. Applicable Law and Construction The laws of the State of Flonda shall govern the validIty, performance and enforcement of thiS Agreement. ThIs Agreement has been negottated by the City and PelIcan Walk, and the Agreement, mcludmg, WIthout InrutatlOn, the ExhIbIts, shall not be deemed to have been prepared by the City or Pehcan Walk, but by all equally 13.05. Venue; Submission to Jurisdiction a For purposes of any SUIt, action, or other proceedmg ansmg out of or relatmg to tJu.s Agreement, the parties hereto do acknowledge, consent, and agree that venue thereof IS Pmellas County, Flonda Pelican Walk Parking Garage Development Agreement 22 of 29 July 8, 2003 ) I b, Each party to tlus Agreement hereby submits to the JUOsdlctIon of the State of Flonda, Pmellas County and the courts thereof and to the jUOSdlctIon of the Untted States DIStrIct Court for the Middle Dlstnct of Flonda, for the purposes of any SUlt, action, or other proceedmg arismg out of or relatmg to tlus Agreement and hereby agrees not to assert by way of a motion as a defense or otherwise that such actIOn IS brought in an lOconveOlent forum or that the venue of such action IS Improper or that the subject matter thereof may not be enforced 10 or by such courts. c. If at any time dunng the term of this Agreement, Pehcan Walk IS not a resIdent of the State of Flonda or has no office, employee, or general partner thereof avmlable for ServIce of process as a reSIdent of the State of Flonda, or If any pernutted assignee thereof shall be a foreign corporation, partnerslup or other entity or shall have no officer, employee, agent, or general partner avmlable for servIce of process m the State of Flonda, Pelican Walk hereby deSIgnates the Secretary of State, State of Flonda, its agent for the servJ.ce of process In any court action between It and the City, or both, ansmg out of or relatIng to thIS Agreement and such Servlce shall be made as proVIded by the laws of the State of Flonda for service upon a non-resIdent; prOVIded, however, that at the time of servIce on the Flonda Secretary of State, a copy of such semce shall be dehvered to PelIcan Walk at the address for nonces as proVided m 13.03 13.06. Complete Agreement; Amendments, a. TIus Agreement:. and all the terms and proVISIOns contamed herem, includmg WIthout lImitatIOn the ExhibIts hereto, constitute the full and complete agreement between the parties hereto to the date hereof, and supersedes and controls over any and all pnor agreements, understandmgs, representatIOns, correspondence and statements, whether wntten or oral. b Any proVision of tlus Agreement shall be read and apphed m para matena WIth all other proVISIOns hereof c. TIns Agreement cannot be changed or reVIsed except by written amendment SIgned by all parties hereto 13.07. Captions. The article and sectIOn headmgs and captIOns of thlS Agreement and the table of contents precedmg thIS Agreement are for convemence and reference only and 10 no way define, lrmit, descnbe the scope or mtent of tlus Agreement or any part thereof, or m any way affect this Agreement or construe any artIcle, sectIOn, sub secn on, paragraph or proVlslon hereof, Pelican Walk Parking Garage Development Agreement 23 of 29 July 8,2003 I I 13.08. Holidays. It IS hereby agreed and declared that whenever a notice or performance under the terms of thIS Agreement IS to be made or gIven or any tIme penod ends on a Saturday or Sunday or on a legal hohday observed 10 the City, It shall be postponed to the next follow1Og bus10ess day 13.09. Exhibits. Each Exhibit referred to and attached to thts Agreement IS an essenttal part of tIus Agreement. The ExlubIts and any amendments or reVISIOns thereto, even If not phYSIcally attached hereto shall be treated as If they are part oftlns Agreement. 13.10. Not an Agent of City During the term oftlns Agreement, Pelican Walk hereunder shall not be an agent of the City WIth respect to any and all ServIces to be perfonned by Pehcan Walk (and any of Its agents, assignS, or successors) WIth respect to the Park10g Garage. 13.11 Public Purpose. The partIes acknowledge and agree that tins Agreement satisfies, fulfills and IS pursuant to and for a pubhc purpose and munIcIpal purpose and IS 10 the publIc 1Oterest, and IS a proper exercise of the CIty'S power and authonty, 13.12. No General Obligation. In no event shall any oblIgatIOn of the CIty under thIS Agreement be or constitute a general obligation or 10debtedness of the City or the CIty, a pledge of the ad valorem tax10g power of the CIty or the CIty or a general obhgatIon or 10debtedness of the CIty or the City wltlun the mean10g of the Constitution of the State of Flonda or any other applIcable laws, but shall be payable solely from legally available revenues and funds Neither PelIcan Walk nor any other party under or benefiCIary of thIS Agreement shall ever have the nght to compel the exerCIse of the ad valorem tax10g power of the CIty, the CIty or any other governmental entity or taxatlOn 10 any form on any real or personal property to pay the CIty'S or the CIty'S oblIgations or undertalongs hereunder 13.13. Term; Expiration. ThIS Agreement shall explfe and no longer be of any force and effect on the thuueth (3oth) annIVersary of the Issuance of a final certIficate of occupancy for the ParkIng Garage. 13.14 Effective Date. Upon executton of thts Agreement by the authonzed officers of the City and by authonzed representatives of Pelican Walk followmg approval hereof by the CIty Conurusslon and the Board of Drrectors of Pehcan Walk, thts Agreement shall then be m full force and effect III accordance WIth ItS terms and the date of such executIon shall be the EffectIve Date 13.15. Approvals Not Unreasonably Withheld. The parties hereto represent that It IS theIr respecttve 10tent as of the Effecbve Date and do covenant and agree 10 the future that all approvals, consents, and reViews WIll be undertaken and completed as expedItlOusly as pOSSIble, III good faIth, and wIll not be arbItranly or unreasonably Withheld, unless otherwise expressly authorized by the terms of tIltS Agreement. Pelican Walk Parking Garage Development Agreement 24 of 29 July 8, 2003 I , IN WITNESS WHEREOF, the partIes hereto have set thel! hands and theIr respectIve seals affixed as of thts ~ay of August 2003. CTIY OF CLEARWATER, FLORIDA BY~..,-::a~-n WI lam B Home II CIty Manager 1t!<lform: Pamela K Akm CIty Attorney ~. 0-........- STATE OF FLORIDA ) COUNTY OF PINELLAS ) The foregomg Instrument was acknowledged before me tins c?' cl day of August 2003, by BRIAN J. AUNGST, Mayor-ComIDlsslOner of the City of Clearwater, who IS personally known to me ~1JJ!:f[!Ji)oJ Notary Public _ .x.r.~'~'" Denise A Wilson -: ' JJ;,~:~ MY COMMISSlON, CC914101 EXPlRf~ " ,.&,t.... Jyne 18, 2004 ?'R~" ~", BO~ot:O Il1RY TlIOY FAIH IH~ IWICfo JtIC. ST ATE OF FLORIDA ) COUNTY OF PINELLAS ) The foregomg Instrument was acknowledged before me thts d 0 day of August 2003, by WILLIAM B. HORNE n, City Manager of the City of Clearwater, who IS personally known to me. f)AhW~(d~ P~tIType Name I J - .saJ Notary Pubhc .."",~,,- DenlSO> A Wilson f.~~' MY COMMISSION I CC914101 EXPIRE~ ~, . i Jyne 18, 2004 ',1';.'. 'cl BO~OEO lHll\! UlOY FAlIIlNSlJRPJICLlIIC- jjR!lll~ --. Pelican Walk Parking Garage Development Agreement 25 of 29 July 8,2003 I I B.J.E., INc. By ElIas Anastasopoulos !"\ 1Q.so ~tlU.,._1 PresIdent h\S ~ower rRA#Or.l\A.j STATE OF FLORIDA ) COUNTY OF PINELLAS ) ,L1*- A~__S The foregomg IDstrument was acknowledged before me tlus c.:...- day August 2003, by Anu""" ElIas Anastasopoulos, PresIdent of BJ E., Inc., a Flonda corporation, on behalf of B J E , Inc. ~t~ Notary PublIc ~~~, Patricia J Ceelen :,( /:. .-Y;~ ConumSSlOn # CC 902313 ~~,A.(~g Ellplre~ Feb IS, 2004 ~~J,1"'oFf..w.," Bonded Thru ,.."...." AtI..nllC Bon dlng Co . I no Pelican Walk Parking Garage Development Agreement 26 of 29 July 8, 2003 I I EXHIBIT A Legal Description Lots 32 through 43, block HS", first addition to Clearwater Beach Park, as recorded In plat book 15, page 80, public records of Plnellas County, Florida, together with the adjacent Y2 of a vacated alley lying along the east boundary thereof And together with' Lots 2 through 8, block "A", replat of Block "A" and lots 1 to 15 rncl block liB" of Clearwater Beach Park first addition, according to the plat thereof as recorded In plat book 21, page 21 of the public records of Plnellas County, Florida, together wIth the adjacent Y2 of a vacated alley lYing along the west boundary thereof Pelican Walk Parking Garage Development Agreement 27 of 29 July 8,2003 I I EXHIBIT B Limited Warranty Deed This Limited Warranty Deed made this _ day of ,2003, by , a corporation orgamzed and eXlsttng under the laws of the State of Florida, having ItS principal place of business and post office address at 791 Bayway Boulevard, Clearwater Florida 33767, Grantor, to the City of Clearwater, Flonda, a Florida municipal corporation, whose post office address IS P. 0, Box 4748, Clearwater Florida 33758-4748, Grantee (Whenever used herein the terms "grantor" and "grantee" Include all the parties to this Instrument and the heirs, legal representatives, and assigns of Individuals, and the successors and assigns of corporations, trusts and trustees) Witnesseth, that said grantor, for and in consIderation of the sum of TEN AND NO/100 DOLLARS ($1000) and other good and valuable conSideratIons to said Grantor In hand paid by said Grantee, the receipt whereof IS hereby acknowledged, has granted, bargained, and sold to the said grantee, and grantee's heirs and assigns, the following easement In real property located In the County of Plnellas, State of Flonda, whIch is more parttcularly desCribed as follows: [legal description], which easement grants to the public the nght of access and use of the property and any Improvements thereon for off-street parking purposes for a term of thirty (30) years from the Date of Commencement, which Date of Commencement shall be the date on which a Certificate of Occupancy IS granted by the City of Clearwater for an off-street parking structure pursuant to that certain Agreement between the City of Clearwater, Florida and B. J E. Inc. dated July _,2003. Grantor covenants as follows: 1 the grantor IS lawfully seized of saId land In fee simple. 2 that the grantor has good right and lawful authOrity to convey the easement setforth herem, 3 that the easement granted IS free from encumbrances made by grantor, and I I 4. that grantor Will warrant and defend the property hereby conveyed against the lawful claims and demands of all persons claIming by, through, or under It, but against none other Let It be known that the board of directors of B J E, Inc voted to grant the easement regular meeting held upon due notice with a quorum present. In witness whereof, Grantor has caused Its corporate seal to be affixed hereto, and this instrument to be signed by ItS duly authorized officer on the date first above Written, B. J E, Inc By [SIgnature] [TItle] [Corporate Seal] Attest' Secretary Executed in the presence of STATE OF FLORIDA COUNTY Of PINELLAS I HEREBY CERTIFY that on thiS day of 2003, before me personally appeared and , duly authorized officers of B J E, Inc , a corporation under the laws of the State of Flonda , I I to me known to be the persons descnbed In and who executed the foregoing conveyance to the City of Clearwater and severally acknowledged the execution thereof to be their free act and deed as such officers, for the uses and purposes therem mentioned; and that they affixed thereto the official seal of saId corporation, and the saId Instrument IS the act and deed of said corporation WITNESS my signature and official seal at Plnellas County and State of Florida, the day and year last aforesaid In the County of My Commission ExpIres Notary Pubhc This mstrument was prepared by {Name] [Address] '/ ',., This Fust Amendment to the Agreement for Grant dated August 26, 2003 (the "Agreement") IS made as of this ~ day of 2004, by and between THE CITY OF CLEARWATER, FLORIDA, a muntClpal oration and polItIcal subdiVISIOn of the State of Flonda (the "City"), and B. J, E ,Inc ("Pehc Walk"), WITNESSETH WHEREAS PelIcan Walk IS the owner of certam real property on Clearwater Beach popularly known as the Pehcan Walk ShoppIng Center; WHEREAS, PelIcan Walk proposed, as an alternatIve to a publIcly owned and operated parkmg garage, that Pehcan Walk construct a garage and make parkmg In the garage avatlable to the pubhc, mcludmg the tenants and tnVltees of the PelIcan Walk Shoppmg Center, on an equal, first come, first served baSIS for the useful lIfe of the garage, WHEREAS, the City of Clearwater agreed to make a grant to Pehcan Walk m the amount of one mIllIon and four hundred thousand dollars ($1,400,000 00) m conSIderation for Pehcan Walk's constructIon and operatIOn of an off-street parkmg garage open to the publIc, mcludmg the tenants and mVltees of the PelIcan Walk Shoppmg Center, on an equal, first come, first served basiS; WHEREAS, PelIcan Walk has requested an extension oftlme to InItIate constructIOn of the Pehcan Walk parkmg garage, from August 26. 2004 untIl March 31, 2005, WHEREAS, PelIcan Walk has mmcated a destre to add reSIdentIal condOffilntUm uruts to the project, whIch reqUIres an amendment to ehmmate the optIon for an addItIOnal two levels of parkmg If constructIOn of said reSidentIal condomlmum unIts IS approved ("Condommmm ProJect"), WHEREAS, at a duly called publIc meetmg on the 17th day of June, 2004, the City COffirnlSSlOn approved this First Amendment, and authonzed and dIrected Its executIOn by the appropnate offiCIals of the CIty; and WHEREAS, the Board of DIrectors of B J. E , Inc has approved thIS 18t Amendment to the Agreement and has authonzed certam mdIVlduals to execute thIS Amendment on Its behalf NOW, THEREFORE, In conSideratIon of the mutual promlses and covenants contamed herem, the partIes hereby agree as follows: Section 1. Section 2 02 a. IS hereby amended to read as follows 2.02 Proposed Parking Garage. First Amendment to Pelican Walk Parking Garage Development Agreement 10f6 Section 2. J a DescnotIon Pehcan Walk proposes to develop a parkmg garage contammg at least three hundred (300) off street parkmg spaces on the Parkmg Garage Site ProvIded the Condonllflnun Project proceeds, the Parkmg Garage wIll NOT be designed and constructed m a manner whIch wIll allow the subsequent additIon of at least two (2) addItIonal floors of parkmg, otherwIse It shall The ProJect may Include resIdentIal uruts sublect to approval pursuant to the Land Development Code All of the parkmg spaces In the Parkmg Garage wIll be open to the publIc, mcludmg the InVltees of the PelIcan Walk Shoppmg Center, on an equal, first come, first served baSIS Notwlthstandmg the foregOlng, to the extent that the Parkmg Garage contaIns more than 300 spaces. PelIcan Walk may dedicate and reserve the excess oarkIng spaces for the CondOlrumum Prolect. However In no event shall the Parking Garage eontam fewer than 300 parkmg spaces ouen to the Dubhe, mcludIng the mvitees of the PelIcan Walk Shoppmg Center. on an equal. first come, first served basIs SectIOn 5.03 a. IS hereby amended to read as follows 5.03 Construction of the Project. Section 3. a Commencement. Pehcan Walk shall commence constructIon of the ParkIng Garage III accordance WIth the Plans and SpecIficatIOns for the Parkmg Garage WltJ:Ufl t\velve (12) months attar the Effectlve Date on or before March 31, 2005 and shall thereafter dlhgently pursue constructIon to completIOn WIthIn thirtY-SIX (36) months of the Effective Date SectIon 6 02 a IS hereby amended to read as follows' 6.02 Payment of the Grant in Aid. The City agrees to pay the grant In aid to Pehcan Walk, ill accordance WIth the followmg: Section 4. a Upon completIon of the constructIon plans for the Parkmg Garage and the Issuance of a butldmg permit by the City, the City shall reimburse PelIcan Walk for the actual cost of prepanng the schematIc, prehnllnary, and final constructIOn plans m an amount not to exceed fifteen percent (15%) of the total Parkmg Garage project budget. SectIOn 6.04 IS hereby amended to read as follows' 6.04 Construction of Additional Off-Street Parking Spaces in the Immediate Vicinity. The City understands and agrees that as a party to tins Agreement, PelIcan Walk assumes certam finanCIal nsks whIch may be adversely affected by the constructIon of additIOnal off-street parkmg spaces in the unmedmte VICInIty of the Parkmg Garage SIte In consideratIOn thereof, and proVided the CondommmITl Project does not proceed (and If It does proceed, thIs entIre sectIon 6.04 shall be of no force or effect) the City agrees that m First Amendment to Pelican Walk Parking Garage Development Agreement 20f6 \! " e e the event the CIty detenmnes, wlthm five (5) years after the Issuance of a final certIficate of occupancy for the Parkmg Garage, that addrtlonal off-street CIty owned or financially supported parkmg spaces open to the publIc located wIthm one thousand (1,000) feet of any portIOn of the Parkmg Garage SIte are necessary and appropnate, the CIty agrees the CIty WIll prOVIde PelIcan Walk WIth wntlen notIce of Its deternllnation, and that m that event. a PelIcan Walk shall have a first nght to construct an addItIonal two hundred (200) off-street parkmg spaces to meet the need for addItIOnal off-street parkmg spaces whIch the CIty has detenmned are necessary and appropnate, prOVIded that such additIOnal off-street parkmg spaces are open to the pubhc on an equal, first come, first served basIS subject to the terms of thiS Agreement as provIded m sectIOn 13 13. b. In the event that Pehcan Walk opts to exerCIse Its first nght to construct at least two hundred (200) addItlonal off-street parkmg spaces, PelIcan Walk shall give the CIty wntten notlce of Its mtent witlun thirty (30) days after receIpt of the City'S wntten notIce of the CIty'S detemnnatlon that addltlonal spaces are necessary and appropriate c. In the event that PelIcan Walk gives the CIty notlce of its mtent to construct at least two hundred (200) addItional off-street parklOg spaces, PelIcan Walk shall commence constructIOn of the additIOnal spaces wIthIn SIX (6) months of the date of PelIcan Walk's wntten notice d In the event that PelIcan Walk gIves the CIty notlce of ItS mtent to construct at least two hundred (200) additIOnal off-street parkmg spaces, Pelican Walk shall be solely responslble for the cost of constructlon of the addltlOoal parkmg spaces e. In the event that PelIcan Walk exercises Its first nght to construct at least two hundred (200) additIOnal off-street parkmg spaces, the City agrees that the CIty wtll not use or cause to be used, publIc funds for the constructlOn of any additional off-street parlang spaces wlthm one thousand (1,000) feet of any portion of the Parkmg Garage Slte for a penod of five (5) years from the date of Certificate of Occupancy of the addItional spaces or until Pehcan Walk shall have achleved a Stablbzed Occupancy for the total number of off-street parkmg spaces In the expanded Parkmg Garage, so long as the additIonal parlang spaces are open to the publIc on an equal first come, first served baSIS. For the purposes of thlS subsectIOn, StabIlIzed Occupancy shall mean that SIxty-five percent (65%) of the total number ofparkmg spaces m the Parkmg Garage (after the constructlon of the addltlonal parkmg spaces) are occupIed on an average of four (4) hours of per day, three hWldred and SIXty five (365) days per year. OSTAB = K OAVG = StabIlIzed Occupancy Number ofParkmg Spaces Average Percent ofParkmg Spaces OccupIed (65%) First Amendment to Pelican Walk Parking Garage Development Agreement 3of6 Section 5. ; HAVG Average Number of Hours Occupied per Day (4) OSTAlI =(OAVG)(HAVG)(K)(DA YS) OSTAlI =( 65)(4)(K)(365) f PelIcan Walk wIll conduct and submit to the CIty sworn affidavIts of annual audits of occupancy mcludmg all spaces occupIed whether by pay parkmg or by valIdatIOD based on an InItial date of CertIficate of Occupancy of either the first or second phase of constructIOn untIl stabIlIzed occupancy IS aclueved or the applIcable tImeframe has expIred g In the event that PelIcan Walk opts not to exerCIse Its first nght to construct at least two hundred (200) addItIOnal off-street parkmg spaces, the CIty shall be free to construct addItIonal off-street parlong spaces wlthm one thousand (1,000) feet of any portIOn of the Parlang Garage Site WIthout regard to the level of occupancy achIeved by PelIcan Walk, h Notwlthstandmg any other proviSIOn of tills Agreement, mcludmg the proVISIOns of thts subsectton 6.04, the CIty and PelIcan Walk understand and agree that the CIty shall retam the nght to construct or fund addItIonal off-street parkmg spaces wItlun one thousand (1,000) feet of any portIOn of the Parkmg Garage SIte, If the City detennmes that such off-street parkmg IS a necessary element of a proposed Destmatlon Resort development undertaken In accordance With the proVISIOns of Beach by DeSign SectIOn 10 01 IS amended to read as follows 10.01 Failure of Pelican Walk to Commence Construction of the Parking Garage. In the event that PelIcan Walk shall fall to commence constructIOn of the parkmg Garage on or before March 3 L 2005 vl1thta nvelve (12) months after the Effeetr.<e Date of thIS Agreement, the CIty shall have the nght to gIve PelIcan Walk wntten notIce that this Agreement has temlloated and shall be of no further force and effect. In the event that the City shall have reImbursed Pehcan Walk for the preparatIOn of schemattc, prelImmary and final constructIon plans for the proposed Parkmg Garage, at the CIty'S optIon. I) PelIcan Walk shall repay the CIty all Money prod to PelIcan Walk, or 2) all deSIgns, drawmgs and other documents and the Intellectual property they constItute shall become the property of the CIty Section 6. Effective Date ThIS amendment shall be effective upon executIOn First Amendment to Pehcan Walk Parking Garage Development Agreement 40f6 u ... ~ e - IN WITNESS WHEREOF, the partles hereto have set theIr hands and theIr respective seals affixed as of thIS ~ day of r ' 2004. Countersigned CITY OF CLEARWATER, FLORIDA ~ BM..a2:....~. U-....-U Bna;, -. A - s - . n WIlliam B. Horne II Mayor CIty Manager A1J;jtoform Pamela K Akm CIty Attorney Attest: ~c Cyn a E Goudeau _ CIty lerk ~A~-- " - ) COUNTY OF PINELLAS ) The foregomg mstrument was acknowledged before me tins r2 cJ" day of (J I AJ 2004, by BRIAN J AUNGST, Mayor of the CIty of Clearwater, who IS personally kno~ ~1tJ~ 'PnntfType Name. ) l ~A, uj(/so~ Notary Pubhc STATE OF FLORIDA ",tf"V />!I,,<< Den"e A.. Wilson f~ (> commlSSlOfl # 00296233 ~. \); Explres June 18,2008 ~ OF f\.<9" 8Inl8d TIlIl' feIR-1fls\IlIQ, InC. ~9 STATE OF FLORIDA ) COUNTY OF PINELLAS ) The foregoing mstrument was acknowledged before me thiS d J day of 2004, by WILLIAM B HORNE II, CIty Manager of the City of Clearwater, o IS personally known to me &::~::/idd~u Notary PublIc ~ Den'" A. W\I8oII f c; CommISSIOn # 00296233 ~ \J~ ExpIres June 18. 2008 ~ OF ~.Borded 1'10/ hln -lrIanIICe. 1M. 8U).38ll.JOl9 First Amendment to Pelican Walk Parking Garage Development Agreement 50f6 - e B.J.E., INC. By: ~,?-?~ Elms Anast~~~~ ""'" PresIdent STATE OF FLORIDA ) COUNTY OF PINELLAS ) J ~ Ll,'f\e... W 0 ~ The foregomg mstrument was acknowledged before me this L day ~u~L 2003, by ElIas Anastasopoulos, PresIdent ofB J E., Inc., a Flonda corporatIon, on behalf ofB J.E , Ine Q~~ Notary Pubhc ,,'~J ~ Patricia J. Ceelen E~ ~ \. CommiSSion #00280305 ~;,. ~;~ Exprres Feb 15, 2008 -";"'o.rJ!":,,--- Bonded Thru ""..." Atlantlc &mdlng Co, Inc First Amendment to Pelican Walk Parking Garage Development Agreement 60f6 J i ~,.: Wells, Wayne From Sent To Cc Subject Tarapanl, Cyndl Wednesday, January 26,2005522 PM Akin, Pam Wells, Wayne, Parry, Mark, Brumback, Garry, Rice, Scott, QUIllen, Michael, Arasteh, Mahshld FW 483 Mandalay Avenue, Pelican Walk project Importance High Pam-l am forwarding you the following e-mail where Wayne provides a description of the most recent meeting WIth the Pelican Walk garage team Of course, Planning Will manage the resubmlttal process and If he resubmits by Feb 3, then he Will be on the March 15 COB agenda If not, then he Will be on a future agenda We have provided much latitude on this project regarding timing and Feb 3 IS the latest that we can extend to hIs team to make the March 15th agenda I am writing to you to ask you to deal With Mr Anastapoulos' questions regarding the agreement requIrements I am trying to continue our effort to separate the contractual agreement from the planning regulatory review If you have any questions, please let me know Cyndl T arapam Planmng Ducctor (727) 562-4547 C) nch tarapam@myclcarwater com -----Onglnal Message_un From Wells, Wayne Sent' Tuesday, January 25, 2005 8 16 PM To: Tarapam, Cyndl Cc, Parry, Mark SubJect. 483 Mandalay Avenue, Pelican Walk prOject Importance' High Cyndl - Since I am taking over this project from Mike Reynolds, I also attended a meeting last Friday, January 21,2005, regardmg the status of the project At times, the diSCUSSion was heated At their meeting on January 18,2005, the Community Development Board (COB) continued Case No FLD2004-09072 to a date uncertain The applicant's deSign team are working on providing such Informalion necessary for the project to be deemed suffiCient At Issue With ElIas Anastasopoulos IS compliance with the Agreement he has With the City to construct the parking garage According to Section 503 a of the Agreement, commencement of construction IS to be wlthm 12 months after the Effective Date and pursue construction to completion Within 36 months of the Effective Date Based on Section 1 01 9 of the Agreement, the Effective Date upon execution of the Agreement was August 26, 2003 Mr Anastasopoulos' understanding and concern IS that he has to begin construction by March 31,2005 Based on my reading of the Agreement, I don't know If this IS a correct date or not (looks to me he didn't meet the date to commence construcllon) Due to the application stili not being suffiCient, and It wasn't advertised for the February 15, 2005, CDB meeting, It appears that this Case, assuming It Will become suffiCient, could be scheduled for the March 15, 2005, COB meeting Mr Anastasopoulos' concern (based on hiS understan ding that he must beg In con structlon by March 31, 2005) IS that With the COB meetmg on March 15, 2005, there may be Insufficient time to actually begm construction I suggested submitting for a site development permit, or potentially a foundation only permit Assuming the Site plans (and/or bUilding plans) are submitted qUickly, potentially a permit could be Issued In a timely manner The definition m Section 1 01 8 of the Agreement states 1 that "commence construction" means tne start of meaningful physical development Ul a material part of the parking garage bUilding The qUickest I can get this project back to the COB IS March 15, 2005 1 have told the applicant that we would need resubmlttals by February 3,2005 The case needs to be readvertlsed for the CDB, including the Transfer of Development Rights (TDR2005-01 015) I told Mr Anastasopoulos I would write this emall to help determine when he must commence construction, so as to be In compliance With the Agreement Any way you and/or the Legal Department can provide such Insight? If he IS out of compliance With the terms of the Agreement to commence construction, Will the Agreement need to go back to City Council? Thanks Time IS of the essence Wayne 2 Wells. Wayne From, Sent To Cc Subject Rice, Scott Friday, January 21. 2005408 PM 'jebert@tlmhaahs com' Bertels, Paul, QUillen, Michael, Bruch, Tracey, Wells, Wayne Pelican Walk Garage/Condos I received a fax from Jerry Koski of Walker Parking Consultants With a new layout of the resident entrance The concerns that I have regarding this design are 1 It stili appears that the vehicle overhang Will encroach Into the oncoming lane (the dashed lines are wheel tracks) 2 The back of the vehicle at the card reader IS flush With the back of Sidewalk 3 The flexible bollards added to the design are an obstruction for vehicles entering through the public entrance and needing to use the ramp to access upper floor parking D. Scott Rice Land Deve/. Engr. Manager 727-562-4781 scott.rice@MyClearwater.com 1 i ( t -'":"" \ \ Lcw-- CL)Q I): (iV f{; hJ ~ G01~C~ ------ 4-k- TIns Agreement for Grant (the "Agreement") IS made as oftlnsllL day of August 2003, by and between THE CITY OF CLEARWATER, FLORIDA, a mumcIpal corporation and polttIcal subdIVISion of the State of Flonda (the "C1ty"), and B J E, Inc ("Peltcan Walk"), " WITNESSETH. WHEREAS, the CIty of Clemwater has adopted a commumty reVItahzatIon plan entitled Beach by Deszgn; WHEREAS, Beach by Deslgn contemplates the prOVISIon of addItIonal off-street parkmg on Clearwater Beach In support of resort development, beach patronage and the revttalIzatIon of North Mandalay; WHEREAS, the new rngh span bndge between the mainland and Clearwater Beach 1S scheduled to open on or before March 31, 2004; WHEREAS, the new htgh span bridge wIll Improve access to the beach and mcrease the need for off-street parkmg on Cleanvater Beach, WHEREAS, on days of peak: beach patronage, there is a senous shortfall m the aVaIlabIlIty of publtc parkIng on Clearwater Beach, WHEREAS, the City of Clearwater has exhaustIvely analyzed the opportunIties for providing additional parkrng on Clearwater Beach; WHEREAS Pehcan Wa1k is the owner of certam real property on Clearwater Beach popularly known as the Pelican Walk: Shopping Center, WHEREAS, one of the SItes whIch the City has Idenhfied as a potenhal SIte for a parkIng garage is the eXlsting surface parking lot whIch IS a part of the Pehcan Walk Shoppmg Center ("Parkmg Garage Site"); WHEREAS, the City of Clearwater has conducted vanous studIes of the feasIbIlIty of construcbng addItional off-street parlang and evaluated more than twelve (12) dIfferent SItes, WHEREAS, the seasonality of parkIng demand on Clearwater Beach compromIses the finanCIal feasibIhty of provldmg addItional parkmg because potentIal revenues are substantially reduced dunng non-peak days, WHEREAS, Pehcan Walk has offered to work with the CIty of Clearwater to facIlItate the proVIsion of addItional off-street parking on Clearwater Beach; 'Pelican Walk Parking Garage Development Agreement 1 of 29 July 8, 2003 WHEREAS, the CIty CommISSIon of the CIty of Clearwater determmed that the acqUIsItIon of the Parkmg Garage SIte and development and operatIon of a publIc parkmg garage on the SIte could not be Justified on the basIs of eXIstmg and projected parkmg revenues; WHEREAS, the CIty CommISSIOn detenmned that m the absence of addItIonal pnvate development which generated addItIonal off~street parkmg demand for non-peak days, the constructIon and operatIon of a publIc parkmg garage mvolved a measure of nsk the ComrmssIOn was unWilling to accept; WHEREAS, the CIty and PelIcan Walk have worked dilIgently to IdentIfy a financIally feasIble approach to the construction and operatIon of a new parkmg garage on the ParkIng Garage Site, WHEREAS, PelIcan Walk offered to convey the Parkmg Garage SIte to the CIty so long as the amount of parking currently existIng on the Parkmg Garage SIte was available to PelIcan Walk for Its tenants and customers; WHEREAS, the CIty of Clearwater employed professIOnals expenenced m the financmg of parking garages to evaluate the economIC feaSIbIlIty of vanous optIons for a new parkIng garage on the Parlang Garage SIte; WHEREAS, the econonuc feasibilIty analysis prepared for the City of Clearwater revealed that each of the optIons for a publIcly financed and operated garage mvolved a hkelIhood that revenues would be msufficient to cover debt SeMce and operatIng costs and that additIOnal parking demand and revenues depended on the pace of reVitalIzatIOn and redevelopment on Clearwater Beach and other matters beyond the City'S control, WHEREAS, Pelican Walk has proposed, as an alternatIve to a publIcly owned and operated parkmg garage, that PelIcan Walk construct a garage and make parkmg ill the garage avaIlable to the publIc, mcludmg the tenants and InVltees of the PelIcan Walk ShoppIng Center, on an equal, first come, first served basIS for the useful hfe of the garage; WHEREAS, Pelican Walk has proposed that the new parkmg garage would be constructed and operated accordmg to the speclficatlOns of the City of Clearwater, WHEREAS, PelIcan Walk proposed that the CIty of Clearwater make a grant to Pehcan Walk In the amount of one mtlhon and four hundred thousand dollars ($1,400,00000) m consideratIon for Pelican Walk's constructIOn and operation ofan off-street parlang garage open to the pubhc, mcludmg the tenants and InVltees of the PelIcan Walk Shoppmg Center, on an equal, first come, first served basIS, WHEREAS, the parlang garage proposed by PelIcan Walk IS not economIcally VIable Without a grant in aId In an amount of at least one Imlhon and four hundred thousand ($1,400,00000); Pelican Walk Parking Garage Development Agreement 2 of 29 July 8, 2003 WHEREAS, the Pelican Walk proposal gives the CIty of Clearwater addltlonal publIc parlang to the publIc Without addItional uncertam finanCIal nsk, WHEREAS, the proposed grant of one mIllIon and four hundred thousand dollars ($1,400,000 00) IS sIgrnficantly less than the net cost ofland acqulSltlon, constructlon, financmg and operation of a publIc parkIng garage, WHEREAS, the CIty ComrmsslOn of the CIty of CleaIWater has detemuned that the constructIOn of a new parkIng garage on the Parkmg Garage SIte avaIlable to the publIc on an equal, first come, first served basIS wIll serve the best mterests of the cltlzens of the City, WHEREAS, the provisIOn of addItIonal parlang avatlable to the publIc on an equal, first come, first serve basis IS a vahd publIc purpose, WHEREAS, the City understands that PelIcan Walk IS wIllmg to undertake the finanCIal nsk of deslgrung, constructing and operatIng the proposed Parlang Garage and that PelIcan Walk 15 relying upon the strIct enforcement of eXIstIng muruclpal regulatlOns governmg on-street and off-street parkmg as It undertakes the financial nsk of the proposed Parkmg Garage, WHEREAS, the City understands that the economIC feasibility of the proposed Parklllg Garage would be adversely affected If the CIty were to construct or cause to be constructed or to otherwIse proVlde finanCial support for additIOnal off-street parlang spaces Wlthm the lDllnedlate VlClDlty of the Parkmg Garage Site; - ~ WHEREAS, at a duly called publIc meetIng on the ~ day of July, 2003, the CIty CommiSSIOn approved tlns Agreement, and authonzed and dIrected Its executlon by the appropnate offiCials of the CIty; and WHEREAS, the Board of Drrectors of B J E, Inc has approved this Agreement and has authonzed certalll md1Vlduals to execute tlus Agreement on Its behalf NOW, THEREFORE, III conslderatlon of the mutual promises and covenants contamed herem, the partIes hereby agree as follows: ARTICLE 1 DEFINITIONS. 1.01 Dermitions The terms defined In this ArtIcle 1 shall have the followmg meanmgs except as herem otherwise expressly proVlded 1 "Agreement" means tlns Grant m AId mdudmg any ExhIbIts and any amendments thereto 2. "Beach by Deslgn" or" Plan" means the strategIc redevelopment plan for Clearwater Beach dated 2001 wluch was adopted by the CIty CormmsSlOn Pehcan Walk Parking Garage Development Agreement 3 of 29 July 8, 2003 . . pursuant to the provlSlons of the Pmellas County Plannmg COunCIl'S Rules for the deSIgnatIOn of a SpeCIal Area Plan/Commumty Redevelopment DIStrICt 3 "CIty" means the CIty of Clearwater, Flonda, a Flonda muruclpal corporatIOn 4. "CIty Comrmsslon" means the governmg body of the CIty. 5 "City's Representative" means that person deSIgnated by the CIty to represent the CIty dunng the deSIgn and construction of the proposed Parlang Garage 6 "Commencement Date" means the date on whIch Pelican Walk commences or cause~ a Contractor to commence constructIOn of the Pehcan Walk Parkmg Garage 7. uCommence construction" means the start of meaningful phYSICal development of a matenal part of the Parlang Garage bUIlding. 8 "ConstructIon Completion Date" means the date a final certificate of occupancy IS ISSUed by the City for the Pehcan Walk Parkmg Garage, 9 "EffectIve Date" means the date of approval and execution of this Agreement as proVIded m Section 13.14 10 "ExhIbIts" means those agreements, dIagrams, drawmgs, specIfications, rnstruments, forms of mstruments, and other documents attached hereto and deSignated as exhibIts to, and mcorporated m and made a part of, thiS Agreement 11 "ParkIng Garage SIte" means the land on whIch the eXIstmg PelIcan Walk surface parking lot and asSOCIated storm water management faCIlities are located whIch IS located rmmedlately to the east of the eXIsting PelIcan Walk Shoppmg Center and fronts on POInSettia Avenue, as more particularly descnbed m ExhIbIt A 12. "PelIcan Walk Parkmg Garage" means a parkmg garage to be constructed on the Parlang Garage SIte" contammg not less than three hundred (300) off-street parlang spaces. 13. "Plans and SpecIfications" means the schematIc, prelImmary and final construction plans for the PelIcan Walk Parlang Garage 14 "UnavOIdable Delay" means a delay as descnbed m ArtIcle IS hereof. 1.02 Use of Words and Phrases. Words of the masculIne gender shall be deemed and construed to mclude corr~lative words of the femuune and neuter genders Unless the context shall otherwise mdlcate, the singular shall mclude the plural as well as the Pelican Walk Parking Garage Development Agreement 4 of 29 July 8, 2003 smgular number, and the word "person" shall mclude corporatIOns and assOCiatIOns, mcludmg publIc bodIes, as well as natural persons llHerem, II "hereby," "hereunder, II "hereof," "herembefore," "heremafter" and other eqUIvalent words refer to tIns Agreement and not solely to the partIcular portIon thereof III whIch any such word IS used 1.03 Florida Statutes. All references herem to Flonda Statutes are to Flonda Statutes (2002), as amended from time to time ARTICLE 2. PURPOSE AND PROPOSED PARKING GARAGE. 2.01 Purpose of Agreement. The purpose of tIns Agreement IS to further the ImplementatIOn of Beach by Design by proVIding for addIllonal publIc parkmg on Clearwater Beach to enhance the qualIty of lIfe, mcrease employment and Improve the aesthetIc and useful enjoyment of Clearwater Beach all.,n accordance WIth and III furtherance of the ComprehenSIve Plan and as authonzed by and m accordance WIth the proVISIons of FIonda law 2.02 Proposed Parking Garage a. DescnptIon Pelican Walk proposes to develop a parlang garage contairnng at least three hundred (300) off street parkmg spaces on the Parkmg Garage SIte. The Parkmg Garage wIll be designed and constructed m a manner winch WIll allow the subsequent addItIon of at least two (2) addItIonal floors of parkmg. All of the parking spaces In the Parlang Garage WIll be open to the publIc, mcludmg the mvitees of the Pelican Walk Shoppmg Center, on an equal, first come, first served basIS b Public Benefits and PublIc Interest The proposed Parking Garage 00 the Parkmg Garage SIte, mcluding the deSIgn, construcllon, completion and operatIon of the Parking Garage and each part thereof, is hereby found by the partIes hereto: (1) to be conSIstent WIth and In furtherance of the objectIves of Beach by Design and the ComprehensIve Plan, (2) to conform to the proviSIOns of Flonda law, (3) to be ill the best lllterests of the CItIzens of the CIty, (4) to further the purposes and objectives of the CIty, and (5) to further the publIc rnterest and purpose of proVIdmg addItIonal parkmg open to the publIc on an equal, first come, first serve basiS and eradIcatIng conditIons of detenoratton, dtlapldatlOn, obsolescence and blIght on Clearwater Beach. 2.03 Ownership of Parking Garage Site. PelIcan Walk IS the owner of the Parkmg Garage SIte 2.04 Cooperation of the Parties. The City and PelIcan Walk: recogruze that the successful development and operation of the ParkIng Garage IS dependent upon contrnued Pehcan Walk Parking Garage Development Agreement 5 of 29 July 8, 20()3 cooperation ofthe CIty and PelIcan Walk, and each agrees that It shall act In a reasonable manner herelUlder, proVIde the other party WIth complete and updated mformatlOn from time to tIme, WIth respect to the condItlons such party IS responSIble for satisfyIng hereunder and make ItS good faIth reasonable efforts to ensure that such cooperatJon IS contInuous, the purposes of thIS Agreement are carned out to the full extent contemplated hereby and the Parkmg Garage IS deSIgned, constructed, completed and operated as provIded herem. ARTICLE 3. REGULA TORY PROCESS. 3.01 Land Development Regulations, a. Land Use DesumatlOn. The ParIong Garage SIte IS located WIthin the Tounst DIStrIct as proVIded ill the CIty'S Land Development RegulatIOns b. Amendments to Land Development RegulatJons. The CIty covenants and agrees to cooperate WIth Pelican Walk, to the extent pennitted by law, m regard to any text or map amendment to the City'S Land Development Regulatlons or approval under the CIty'S Land Development Regulations which may be necessary m order for Pehcan Walk to develop the Parkmg Garage as descnbed m Section 2 02(a). 3.02 Development Approvals and Permits. a ApplIcatIOns for Development Avproval PelIcan Walk shall prepare and submit to the appropnate governmental authonnes, mcludmg the CIty, apphcations for all necessary Penmts for the Parkmg Garage, and shall bear all costs of prepanng such applIcations, applymg for and obtaUllng such permIts, mcludmg payment of any and all applIcable apphcation, mspectIOn, regulatory and rmpact fees or charges, except as otherwtse proVIded m thIS Agreement b CIty Cooperation and ASSIstance The CIty shall cooperate WIth Pelican Walk WIth regard to all necessary approvals and or permIts reqUIred for the constructlon, completion and opening for busmess of the Parkmg Garage winch may be requITed from an agency of government other than the CIty If requested by Pelican Walk and authorized by law, the CIty wIll Join m any apphcatlOn for any permIt or approval, or, alternatively, recommend to and urge any govenunental authonty to winch applIcatIOn for any penmts has been made that such pennit or approval to Issue or approve the requested permIt or approval C CIty Authontv Preserved. The CIty'S duties, obhgatIOns, or responSIbilitIes under any section of tins Agreement, speCIfically mc1uding, but not lImIted to, tIns Section 3 02, shall not affect the CIty'S nght, duty, oblIgation, authonty and power to act ill its governmental or regulatory capaCIty III accordance WIth apphcable Pelican Walk Parking Garage Development Agreement 6 of 29 July 8, 2003 ~' laws, ordmances, codes or other bwldmg regulatIOns NotwIthstandIng any other provlslOn of tins Agreement, any reqUIred penmttmg, licensing or other regulatory approvals by the CIty shall be subject to the established procedures and reqUIrements of the CIty WIth respect to reVIew and penmtting of a project of a sImilar or comparable nature, SIze and scope In no event shall the CIty, due to any prOVlSlOn of tlus Agreement, be obhgated to take any actlOn cancerrung regulatory approvals except through Its establIshed processes and m accordance with applIcable provislOns of law 3.03 Not a Development Order or Permit. The City and PelIcan Walk hereby acknowledge, agree and represent that this Agreement IS not Intended to be and should not be construed or deemed to be a "development order" or development permIt" w]tlun the meanmg of those terms In Section 163 3164, Flonda Statutes ARTICLE 4. PLANS AND SPECIFICATIONS. 4.01 Plans and Specifications a. Responslblhty for PreparatlOn of Plans and SpectficatlOns. Pehcan Walk shall be responsible for preparmg the site plan and schematiC, preliminary, and final constructlOn plans for the proposed Parkmg Garage During the deSign process, Pehcan Walk agrees that the CIty'S Representauve shall have access to and a nght to review and approve all phases of design and constructlon processes b. Character and QualIty. The City and PelIcan Walk agree that the proposed Parkmg Garage shall be deSigned, constructed, mamtained and operated III a manner consistent WIth other first class or lugh qualIty parkmg garages m the Tampa Bay regIOn such as Centro Ybor or Channels Ide garages The CIty and PelIcan Walk further agree that the Parlang Garage Will be designed and constructed m a manner which will ensure that the Parlang Garage has a posItIve lffipact on the appearance and commumty character of Clearwater Beach c Beach by DeSign. The City and PelIcan Walk agree that the Parkmg Garage WIll be deSigned In accordance WIth the requuements of Beach by Deslgn d Useful L]fe. The CIty and PelIcan Walk agree that the Parkmg Garage Will be deSIgned and constructed so as to have a useful hfe of not less than forty (40) years e. Rev]ew and Approval of Plans and SpecIficatIOns by CIty PelIcan Walk shall submIt schematic, prelImmary and final plans to the CIty'S RepresentatIve for Its revIew and approval as a party to this Agreement The City'S Representative shall complete Its reVIew of any plans which are submItted under thIs subsectIOn Wltlun twenty (20) days or the partIcular plans wluch have been submItted shall be Pelican Walk Parkmg Garage Development Agreement 7 of 29 July S, 2003 ./ deemed approved as submItted Approval by the CIty'S RepresentatIve shall be separate and apart and shall not lImIt m any way the City'S regulatory and perrmttmg powers. f Use of OualIfied ProfessIOnals PelIcan Walk shall retam qualIfied professIOnals to prepare the Plans and SpecIfications and shall cause such professIonals to prepare the Plans and SpeCIficatIOns ARTICLE 5. PELICAN WALK OBLIGATIONS. 5.01 Parking Garage Site Work. PelIcan Walk shall be responsIble for all SIte mvesugatlOn, 5.02 Construction Budget for Parking Garage Pelican Walk shall proVIde the CIty With a sworn statement of a general contractor lIcensed m the State of FIonda as to the constructIon budget, mcIudmg all costs and contmgencIes In the event that the constructIon budget is modrfied upwards or downwards by more than ten percent (10%), Pelican Walk shall submIt a sworn statement of a general contractor as to the modified budget 5.03 Construction of the Project. a. Commencement PelIcan Walk shall commence constructIon of the ParkIng Garage ill accordance With the Plans and SpecIficatIons for the Parlang Garage Wlthin twelve (12) months after the Effective Date and shall thereafter dIlIgently pursue construction to completion Wlthm thrrty-SlX (36) months of the EffectIve Date. b. Payment of Contractors and SupplIers. PelIcan Walk agrees to promptly pay, or arrange to be paId, all moneys due and legally owmg to all persons or organizations domg any work or furmshmg any matenals, fuel, machmery or supplies for the design and constructIOn of the Parkmg Garage. c. Maintenance of Construction SIte. Dunng the construction of the Parkmg Garage, Pehcan Walk shall, at Its own expense, keep the Parkmg Garage Site III good and clean order and condihon d. Mamtenance of Parlang for PelIcan Walk Shoppmg Center Pnor to the commencement of constructIon, PelIcan Walk shall prepare a "Mamtenance of Off-Street Parkmg Plan" whIch plan shallldentrfy the off-street parkmg faCIlItIes which WIll be used to prOVIde adequate and reasonable off-street parkIng to the employees and InVItees of the tenants of the PelIcan Walk ShoppIng Center For the purposes of thIs subsectIon, "off-street parkmg faCIlItIes" means parlang spaces avaIlable to the general publIc or avaIlable to PelIcan Walk by pnvate agreement and valet servIces Pehcan Walk Parking Garage Development Agreement 8 of 29 July 8, 2003 5.04 Construction Completion Security. A condItIon precedent to the payment of any pubhc momes In accordance WIth the tenns and condItions of thIS Agreement, PelIcan Walk: shall proVIde the CIty WIth good and suffiCIent secunty to guarantee the completlOn of the Parkmg Garage The secunty shall be In an amount equal to one hundred and twenty-five percent (125%) the estimated cost of constructIOn based on approved construction plans The form of the surety shall be bond ISSUed by a busmess orgaruzatIOn subject to the regulatory authonty of the State of Flonda, an uncondItIonal letter of crecht Issued by a Federally msured financIal InStItutIOn or other form of secunty acceptable to the CIty Attorney 5.05 Operation of Parking Garage. PelIcan Walk agrees and covenants that It shall operate the ParkIng Garage on the folloWIng terms and condItIOns. a. Open to the PublIc The ParIong Garage shall be aVallable to the general public, mcludmg the tenants and partners of the PelIcan Walk: Shoppmg Center, on an equal, first come, first served basIS For the purposes of tlus Agreement, equal, first come, first serve means that each and every parkIng space WIll avaIlable for use by the pubhc at all times when the Parlang Garage IS open, and that at least three hundred parkmg spaces shall be unrestncted (no reserved parIong) wlthm the Parkmg Garage for a pen ad of not less than thIrty (30) years after the Issuance of a final cerl:1ficate of occupancy for the ParIong Garage. b Hours of Operation The ParIong Garage shall be open for publIc parkmg between the hours of 10:00 a m. and 9 00 P m dally except Fndays, Saturdays, and legal holIdays recognized by the City of Clearwater, on wInch days the garage shall remam open untIl 10 00 P m c. ParkIng Rates ParIong rates charged the general publIc for the use of parIong spaces III the Parkmg Garage shall be consIstent WIth the parIong rates charged, from tIme to time, for parkIng spaces m parktng garages located m other resort locatIOns In Flonda; prOVIded however, that parkIng rates for use of parkmg spaces m the ParIong Garage shall not exceed one hundred and fifty percent (150%) of the average parkmg rate charged by the CIty for off-street parkmg on Clearwater Beach or three dollars and seventy-five cents ($375) per hour, wluchever IS greater 5.06 Parking Easement. PelIcan Walk shaH grant a parkIng easement m the ParkIng Garage SIte and the ParkIng Garage on the terms and condItIOns set out m tills Agreement mdudmg the term of thirty (30) years m sectIon 13 13 of tlus Agreement wluch shall specrfically apply to saId parkmg easement The reqUIred easement shall be substantIally m the form of Exlubit B to be attached to tlus Agreement and shall be delIvered to the CIty pnor to payment of any part of the grant-m-ald provIded for m the Agreement PelIcan Walk understands and agrees that such easement WIll be recorded by the CIty Pelican Walk Parlang Garage Development Agreement 9 of 29 July 8, 2003 /" - ARTICLE 6. CITY OBLIGATIONS. 6,01 Financial Grant in Aid The CIty agrees to make a grant III aId to PelIcan Walk m support of the desIgn and constructlon of the Parkmg Garage III the amount of one rmllIon and four hundred thousand dollars ($1,400,00000) The grant III atd WIll be paId to PelIcan Walk as proVlded for m subsectIOn 6 07 of tins Agreement As condItlon precedent to any payments of the grant atd, Pehcan Walk shall proVlde the CIty WIth a sworn statement specIfically descnbmg the costs mcurred for whIch reImbursement IS elIgtble together WIth a sworn statement of the percentage (%) completed for the Parkmg Garage 6.02 Payment of the Grant in Aid. The CIty agrees to pay the grant In atd to PelIcan Walk, m accordance With the followmg a. Upon completIon of the constructIon plans for the Parkmg Garage and the iSsuance of a bruldmg penmt by the CIty, the CIty shall rermburse PelIcan Walk for the actual cost of prepanng the schematIc, prehnunary, and final constructIOn plans m an amount not to exceed fifteen percent (15%) of the total project budget b Upon completIon of tlurty three percent (33%) of the constructIon of the Parlang Garage, the City shall pay Pelican Walk one thrrd (1/3rd) of the rematmng unpaId grant m atd (grant in atd less reImbursement payment for the cost of prepanng the schematIc, prelrmmary, and final constructlon plans) c Upon completIon of SiXty-SIX percent (66%) of the constructIon of the Parlang Garage, the CIty shall pay PelIcan Walk for one thrrd (l/3rd) of the remairung unpatd grant in atd (grant m aId less reunbursement payment for the cost of preparing the schematIc, prelImmary, and final construction plans) d. Upon iSSuance of a final certlficate of occupancy, the City shall pay Pehcan Walk the balance of the remaInmg unpaId grant m aid (grant m aid less retmbursement payment for the cost of prepanng the schematIc, prelImmary, and final constructlon plans) 6.03 Enforcement of Municipal Parking Regulations. The CIty agrees to take all reasonable and necessary steps to enforce each and every eXIstmg muruClpal regulatIon WItlun one thousand (1,000) feet of the closest part of the Parkmg Garage SIte 6.04 Construction of Additional Off-Street Parking Spaces in the Immediate Vicinity. The CIty understands and agrees that as a party to tlus Agreement, Pehcan Walk assumes certam finanCial risks wluch may be adversely affected by the constructIOn of addlttonal off-street parkmg spaces In the rmmedlate Vlclmty of the Parlang Garage Site In consIderatIon thereof, the CIty agrees that 10 the event the City detennmes, wlthm five (5) Pelican Walk Parking Garage Development Agreement 10 of 29 July 8, 2003 years after the Issuance of a final certdicate of occupancy for the Parkmg Garage, that addItIOnal off-street CIty owned or financIally supported parkmg spaces open to the pubhc located Wlthm one thousand (1,000) feet of any portlOn of the Parkmg Garage SIte are necessary and appropnate, the CIty agrees the CIty WIll provtde PelIcan Walk WIth wntten notIce of Its detenmnatlOn, and that m that event. a PelIcan Walk shall have a first nght to construct an addItIOnal two hundred (200) off-street parlang spaces to meet the need for addItIOnal off-street parlang spaces wluch the CIty has detenruned are necessary and appropnate, provided that such addluonal off-street parking spaces are open to the publIc on an equal, first come, first served basIS subject to the terms of thts Agreement as proVIded m sectIOn 1313 b In the event that PelIcan Walk opts to exerCIse Its first nght to construct at least two hundred (200) addItIonal off-street parlang spaces,-PelIcan Walk shall gIve the CIty wntten nohce of Its mtent Wlthtn thrrty (30) days after receipt of the City'S wntten nouce of the City'S determmatIOn that addItIonal spaces are necessary and appropnate c In the event that Pelican Walk gIves the CIty nouce of ItS mtent to construct at least tv.ro hundred (200) addIuonal off-street parlang spaces, PelIcan Walk shall commence constructlon of the addiuonal spaces wrtlnn SIX (6) months of the date ofPehcan Walk's wntten notlce d In the event that PelIcan Walk gIves the CIty notIce of ItS mtent to construct at least two hundred (200) addItIonal off-street park:mg spaces, PelIcan Walk shall be solely responsIble for the cost of constructIOn of the addttlOnal parlang spaces e In the event that PelIcan Walk: exerCISes Its first nght to construct at least two hundred (200) addItIonal off-street parlang spaces, the CIty agrees that the CIty WIll not use or cause to be used, publIc funds for the constructIOn of any additional off-street parkmg spaces witlnn one thousand (1,000) feet of any portIon of the Parlang Garage Site for a penod of five (5) years from the date of CertIficate of Occupancy of the additional spaces or untIl Pehcan Walk shall have aclueved a StabIlIzed Occupancy for the total number of off-street parkmg spaces m the expanded Parlang Garage, so long as the addrtlOnal parkmg spaces are open to the publIc on an equal first come, first served basIS For the purposes of thIS subsectIOn, StabIlIzed Occupancy shall mean that sIxty-five percent (65%) of the total number of parking spaces III the Parkmg Garage (after the constructIon of the addItIonal parlang spaces) are OCCUpIed on an average of four (4) hours of per day, three hundred and SIxty five (365) days per year OSTAB ::::;- K = StabIlized Occupancy Number ofParkmg Spaces Pelican Walk Parking Garage Development Agreement 11 of 29 July 8, 2003 OAVO = Average Percent ofParkmg Spaces OCCUpIed (65%) HAVO = Average Number of Hours OCCUpIed per Day (4) OSTAB =(OAvo)(HAvo)(K)(DA YS) QSTAII =( 65)(4)(K)(365) f Pelican Walk wIll conduct and submIt to the CIty sworn affidaVIts of annual audIts of occupancy Includmg all spaces OCCUpIed whether by pay parkmg or by vahdanon based on an mitIal date of Certificate of Occupancy of either the first or second phase of oonstructlOn unTIl stabIlIzed occupancy IS achieved or the apphcable tImetTarne has expired g In the event that PelIcan Walk opts not to exerCIse Its first nght to construct at least two hundred (200) addiTIonal off-street parkmg spaces, the City shall be free to construct addItional off-street parkmg spaces wIthm one thousand (1,000) feet of any portion of the Parkmg Garage SIte WIthout regard to the level of occupancy aclueved by PelIcan Walk h. NotwIthstanding any other proVISIon of tlus Agreement, mcludmg the proVlslOns of thIs subsection 6 04, the City and PelIcan Walk understand and agree that the City shall retam the nght to construct or fund additIonal off-street parkmg spaces WIthin one thousand (1,000) feet of any portlOn of the Parking Garage SIte, If the City detennmes that such off-street parkmg IS a necessary element of a proposed DestInatIon Resort development undertaken in accordance WIth the proVISIOns of Beach by DeSIgn ARTICLE 7. INDE:MNIFICATION OF THE CITY BY PELICAN WALK. 7.01 Indemnification. a. PelIcan Walk agrees to mdemrufy, defend and hold harmless, the CIty, Its respectIve agents, officers, or employees from any and all habllItIes, damages, penalties, Judgments, c1anns, demands, costs, losses, expenses or attorneys' fees through appellate proceedmgs, for personal lDJury, bodtly mJury, death or property damage ansmg out of, or by reason of any act or omISSIon of Pelican Walk, ItS agents, employees or contractors ansmg out of, III connectIon WIth or by reason of, the performance of any and all SerY1ces covered by tlus Agreement, or wInch are alleged to have ansen out of, m connectlOn WIth or by reason of, the performance of any and all semces covered by tlus Agreement, or wrnch are alleged to have arisen out of, In connectIOn With, or by reason of, the performance of such ServIces Pehcan Walk Parking Garage Development Agreement 12 of 29 July 8, 2003 b. PelIcan Walk shall mdemmfy, defend and hold hannless the CIty, Its officers and employees from any and all lIabIlItIes, damages, costs, penalties, Judgments, c1arms, demands, losses, Of expenses (mc1udmg, but not IUhlted to, actual attorneys' fees and engmeenng fees) ansmg from or attnbutable to any breach by Pelican Walk of any dutIes, responsIbIlIties, oblIgatIons or covenants contamed m this Agreement. c. PelIcan Walk's mdemnity obhgatIons under subsectIons (a) and (b) of tins Article shall end and be of no future force and effect after the ConstructIOn CompletIOn Date ARTICLES. REPRESENTATIONS, WARRANTIES AND COVENANTS OF PELICAN WALK. 8.01 Representations and Warranties. PelIcan Walk represents and warrants to the City that each of the follOWIng statements IS currently true and accurate and agrees that the CIty may rely upon each of the following statements a Pehcan Walk is a Flonda corporation duly orgaruzed and valIdly eXIstIng under the laws of the State of Flonda, has all reqUISite power and authonty to carry on Its busrness as now conducted, to own or hold Its properties and to enter mto and perform Its oblIgations hereunder and under each document or mstrument contemplated by tins Agreement to whIch lt IS or WIll be a party, IS qualIfied to do busmess in the State of Flonda, and has consented to ServIce of process upon a deSignated agent for ServIce of process rn the State ofFlonda b Tlus Agreement has been duly authonzed by all necessary actIOn on the part of, and has been or WIll be duly executed and delIvered by, Pelican Walk, and neIther the executIOn and delIvery thereof, nor comphance WIth the terms and proVISIOns thereof or hereof: (i) requires the approval and consent of any other party, except such as have been duly obtarned or as are specIfically noted herem, (ii) contravenes any existmg law, Judgment, governmental rule, regulation or order applIcable to or brndmg on Pehcan Walk, (m) contravenes or results m any breach of, default under or, other than as contemplated by thIs Agreement, results m the creatIon of any hen or encumbrance upon any property of PelIcan Walk under any mdenture, mortgage. deed of trust, bank loan or credIt agreement, P ehcan Walk's ArtIcles of Incorporation, or, any other agreement or mstrument to whtch Pehcan Walk IS a party Of by whIch Pehcan Walk may be bound. c. Tlus Agreement and any document contemplated or reqUIred by tins Agreement to wmch PelIcan Walk is or Will be a party constItutes, or when entered mto WIll constitute, a legal, valld and bmdmg oblIgatIOn of PelIcan Walk enforceable Pelican Walk Parking Garage Development Agreement 13 of 29 July 8, 2003 agamst PelIcan Walk In accordance WIth the terms thereof, except as such enforceabilIty may be lImIted by applIcable bankruptcy, Illsolvency or slImlar laws from time to tune III effect whIch affect crechtors' nghts generally and subject to usual eqUItable pnnclples III the event that eqUItable remedIes are mvolved d There are no pendmg or, to the knowledge of PelIcan Walk, threatened actIOns or proceedmgs before any court or admlmstratIve agency agamst PelIcan Walk, or agamst any controllmg shareholder, officer, employee or agent of PelIcan Walk, whIch could affect the valIdIty of tins Agreement or any document contemplated hereunder, or whIch are likely In any case, or m the aggregate, to matenally adversely affect the consummatIOn of the dunes and oblIgatIOns contemplated m tlns Agreement or the financIal condItion of PelIcan Walk e. PelIcan Walk has filed or caused to be filed all federal, state, local and foreIgn tax returns, If any, whIch were reqUIred to be filed by PelIcan Walk, and has paId, or caused to be pald, all taxes shown to be due and payable on such returns or on any assessments levied agamst Pelican Walk f. The pnncIpal place of bus mess and pnnclpal executive offices of PelIcan Walk IS CleaIWater, Flonda, and PelIcan Walk agrees to malntam records concernmg the Parking Garage (such as construction contracts, financmg docwnents and corporate documents) and all contracts, lIcenses and s11TI11ar nghts relatmg thereto at an office m Pmellas County g. PelIcan Walk has the financIal capabIlity to carry out Its oblIgatIOns and responsIbIlIties 10 connection With the development of the Parlang Garage as contemplated by this Agreement h. PelIcan Walk has the expenence, expertise, and capabIlIty to develop, cause the construction, and complete the Project and, oversee and manage the deSIgn, plannmg, construcTIon, completIon and opemng for bus mess of the Parlang Garage 8.02 Covenants_ Pelican Walk covenants WIth the City that untIl the Construction CompletlOll Date. a PelIcan Walk shall tImely perform or cause to be performed all of the obhgatIons contained herem whIch are the responsIbIlity ofPehcan Walk to perform b Dunng each year that thIs Agreement and the oblIgatIons of PelIcan Walk under thIs Agreement shall be III effect, Pelican Walk shall cause to be executed and to contmue to be In effect those Instruments, documents, certIficates, permits, Pelican Walk Parking Garage Development Agreement 14 of 29 July 8,2003 lIcenses and approvals and shall cause to occur those events contemplated by tins Agreement that are applIcable to, and that are the responsIbIlIty of, PelIcan Walk c PelIcan Walk shall asSIst and cooperate wIth the CIty to accomplIsh the development, operatIOn, and mamtenance of the Parkmg Garage by PelIcan Walk m accordance WIth the Plan and SpecIficatIOns, and thIs Agreement, and WIll not VIOlate any laws, ordmances, rules, regulatIOns, orders, contracts or agreements that are or will be applIcable thereto d Subsequent to the EffectIve Date, PelIcan Walk shall mamtam Its financIal capabIlIty to develop, construct, complete, operate and mamtam the Parkmg Garage and shall promptly notIfy the City of any event, condItion, occurrence, or change 10 Its finanCIal condItion wmch adversely affects, or ~VIth the passage of tIme IS lIkely to adversely affect, PelIcan Walk's financIal capabIlIty to successfully and completely construct, complete, operate and mamtam the Parkmg Garage as contemplated hereby e. Pehcan Walk shall promptly cause to be filed when due all federal, state, local and foreIgn tax returns reqUIred to be filed by It, and shall promptly pay when due any tax reqwred thereby. f PelIcan Walk shall mamtam Its eXIstence, WIll not dIssolve or substantIally dIssolve all of Its assets and WIll not consolIdate With or merge mto another corporation, lImIted partnershIp, or other entity or permIt one or more other corporations or other entity to consolIdate WIth or merge mto It WIthOut the pnor approval of the City unless PelIcan Walk retams a controllmg Interest 10 the consolIdated or merged corporatIOn, and WIll promptly notIfy the City of any changes to the eXIstence or form of the corporation or any change In the controllIng shareholders, officers or dIrectors of PelIcan Walk. g. PelIcan Walk shall not sell, lease, transfer or otherwIse dIspose of all or substantIally all Its assets without adequate conSIderatIon and wIll otherwIse take no actIon WhICh shall have the effect, smgularly or m the aggregate, of rendenng PelIcan Walk unable to contmue to observe and perform the covenants, agreements, and condItIons hereof and the performance of all other oblIgatIons reqUIred by this Agreement h PelIcan Walk shall deslgn, construct and complete the Parkmg Garage such that It IS substantIally complete as prOVIded m tms Agreement no later than the Project CompletIOn Date Pelican Walk Parlang Garage Development Agreement 15 of 29 July 8, 2003 1 In the event that PelIcan Walk shall convey any mterest m the Parkmg Garage SIte, PelIcan Walk shall obtam a wntten affidavit of acknowledgment of the obltgatIons of the Agreement and promise a copy of the affidaVIt to the CIty ARTICLE 9. REPRESENTATIONS, WARRANTIES AND COVENANTS OF THE CITY. 9.01 Representations and Warranties The City represents and warrants to the Developer that each of the followmg statements IS currently true and accurate and agrees that the Developer may rely on each of the follOWIng statements a. The CIty IS a valIdly eXIsting body corporate and politIC of the State of Flonda, has all requisIte corporate power and authonty to cany on ItS busmess as now conducted and to perform Its cbhf";ations hereunder and under each document or mstrument contemplated by this Agreement to wInch It IS or wIll be a party J b TIns Agreement and each document contemplated or reqUIred by tIns Agreement to which the CIty IS or wIll be a party have been duly authonzed by all necessary action on the part of, and have been or Will be duly executed and dehvered by, the CIty, and neither the execution and delIvery thereof, nor compliance With the tenns and proVISIOns thereof or hereof (i) requrres the approval and consent of any other party, except such as have been duly obtamed or as are specrfically noted herem, (11) contravenes any eXistIng law, Judgment, governmental rule, regulation Of order applIcable to Of bmdmg on the City, (Iii) contravenes or results III any breach of, or default WIder or, other than as contemplated by tIns Agreement, results III the creation of any lIen or encumbrance upon any property of the CIty under any indenture, mortgage, deed of trust, bank loan or credit agreement, apphcable ordinances, resolutlons or, on the date of dus Agreement, any other agreement or mstrument to wluch the CIty is a party, specIfically mcludmg any covenants of any bonds, notes, or other forms of Indebtedness of the CIty outstandmg on the EffectIve Date c. TIns Agreement and, to the extent such documents presently eXIst In a form accepted by the City and Pehcan Walk, each docwnent contemplated or reqUired by tIns Agreement to wluch the CIty IS or WIll be a party constitute, or when entered mto WIll constitute, legal, valid and bmdmg obligations of the CIty enforceable agamst the CIty in accordance WIth the terms thereof, except as such enforceabIlIty may be Imuted by publIc polIcy or applIcable bankruptcy, msolvency or sunilar laws from tIme to tune in effect wInch affect credItors I nghts generally and subject to usual eqUItable pnncIples ill the event that eqUItable remedIes are mvolved Pelican Walk Parking Garage Development Agreement 16 of 19 July 8, 2003 " 9.02 Covenants The CIty covenants WIth PelIcan Walk a The CIty shall tImely perform, or cause to be performed all of the obltgatIOns contamed herem whIch are the responsIbIlIty of the CIty to perform b Dunng each year that thIS Agreement and the oblIgatIOns of the CIty under thIS Agreement shall be in effect, the CIty shall cause to be executed and to contmue to be m effect those mstruments, documents, certIficates, permIts, lIcenses and approvals, and shall cause to occur those events contemplated by thIs Agreement that are applIcable to and are the responslblhty of the CIty c The CIty shall asSIst and cooperate With Peltcan Walk to accomplIsh the development of the ParkIng Garage In J1ccordance w:1.1] tlus Agreement and the Plans and SpecificatIons, wIll carry out Its dutIes and responSIbIlItIes contemplated by this Agreement, and w1l1 not VIolate any laws, ordmances, rules, regulatIOns, orders, contracts, or agreements that are or wIll be applIcable thereto, and, to the extent penmtted by law, the City wIll not enact or adopt or urge or encourage the adoptIon of any ordlllances resolutIons, rules regulatIons or orders or approve or enter mto any contracts or agreements, mcludmg ISSUing any bonds, notes, or other forms of indebtedness, that WIll result m any proVISIon of this Agreement to be m VIolatIon thereof ARTICLE 10 DEFAULT. 10.01 Failure of Pelican Walk to Commence Construction of the Parking Garage. In the event that PelIcan Walk shall fad to commence constructIon of the ParkIng Garage WIthin twelve (12) months after the EffectIve Date of this Agreement, the CIty shall have the nght to give PelIcan Walk written nonce that tIns Agreement has termmated and shall be of no further force and effect In the event that the CIty shall have reImbursed PelIcan Walk for the preparation of schematic, prehmmary and final constructIon plans for the proposed Parlang Garage, at the CIty'S optIon' 1) Pehcan Walk shall repay the CIty all Money paId to Pehcan Walk, or 2) all deSIgns, draWings and other documents and the tntellectual property they constItute shall become the property of the CIty 10.02 Failure of Pelican Walk to Complete Construction of the Parking Garage. a In the event that Pelican Walk shall commence constructIOn of the Parkmg Garage and thereafter cease work on the constructIon of the Parkmg Garage pnor to Issuance of a final certJ.ficate of occupancy, such CIrcumstances shall constItute an event of default; and the CIty, may gIve PelIcan Walk wntten nonce of the CIty'S mtent to declare Pelican Walk to be rn default and the CIty'S rntent to cure the default Pelican Walk Parlung Garage Development Agreement 17 of 29 July 8, 2003 b In the event the City gIves Pehcan Walk wntten notIce of default and mtent to cure, Pehcan Walk shall have SIxty (60) days m wrnch to cure the default and re~ commence constructlOn of the Parkmg Garage In the event that PelIcan Walk shall fall to cure the default by re-commencmg constructIon, the CIty shall have the nght to draw upon the constructIOn completlOn secunty and to cause the constructlOn of the Parkmg Garage to be completed c In addItIon to the nght of cure establIshed m subsectIOn b of thIS sectIOn, m the event that the constructIon completlOn secunty IS msufficlent to complete constructlOn of the parkmg garage, the CIty shall have the nght to cause the garage to be <completed and to place a hen on the Parlang Garage SIte equal to the addltlOoal cost of completIng constructlOo In such event, the CIty shall be entItled to operate the parkmg g2rage for the benefit of PelIcan Walk and the CIty unlil such tune as the addItIOnal cost to complete IS repaId. 10.03 Failure of Pelican Walk to Operate the Parking Garage in Accordance with the Requirements of the Agreement. In the event that PelIcan Walk should fall to comply Wlth any requrrement of thIS Agreement WIth regard to the operatIOn and maIntenance of the Parkmg Garage, then the CIty shall have a nght of speCIfic performances and shall be entItled to actual damages In the event of such !ttlgahon, the prevaIlmg party shall be entItled to recover its costs and attorneys' fees from the other party 10.04 Failure of City to Enforce Municipal Parking Regulations In the event that the CIty should fall to enforce muniCIpal parkmg regulatIons as provIded for m section 6 03 of tlus Agreement, PelIcan Walk may, after gIvmg the CIty wntten notIce of such faIlure and the CIty thereafter faIls to cure such failure Wltlun fifteen (15) days of receIpt of such notIce, seek JudIcial enforcement of Its nghts under sectIon 6.03 of tlus Agreement. In the event that the PelIcan Walk shall prevaIl In a JUdICIal proceedmg to enforce the prOVISIOns of sectIon 6 03 of tins Agreement, the CIty shall reImburse PelIcan WaIk for Its attorneys' fees and cost Incuning In enforcing PelIcan Walk's nghts pursuant to thIS Agreement 10.05 Obligations, Rights and Remedies Cumulative. Unless speCIfically stated herem to the contrary, the speCIfied nghts and remedies to whIch the CIty IS entltled under thlS Agreement are not exclUSIve and are mtended to be m additIOn to any other remedIes or means of redress to which the City may lawfully be entItled and are not speCIfically prolublted by th1s Agreement 10.06 Non-Action on Failure to Observe Provisions of this Agreement The faIlure of the City or PelIcan Walk to promptly or contmually mSlst upon stnct performance of any term, covenant, condlhon or provlSlon of th1s Agreement, or any Exlublt hereto, or any other agreement, Instrument or document of whatever form or nature contemplated hereby shall not be deemed a waIver of any nght or remedy that the CIty or Pe!tcan Walk may Pelican Walk Parking Garage Development Agreement 18 of 29 July 8, 2003 have, and shall not be deemed a Walver of a subsequent default or nonperformance of such term, covenant, condrb.on or provlSlon ARTICLE 11 UNAVOIDABLE DELAY. 11.01 Unavoidable Delay. a. Any delay in performance of or mablllty to perform any obhgatIon under t1us Agreement (other than an obligatlon to pay money) due to any event or condttIon described in paragraph (b) as an event of "UnavOidable Delay" shall be excused m the menner proVIded m tlus SectIon 11.01 b. "UnavOIdable Delay" means any of th~ fellowing events or conditIons not currently eXIsting at the effectIve date of tlus Agreement or any combmatlOn thereof. acts of God, acts of the pubhc enemy, not, insurrection, war, pestIlence, archaeological excavations required by law, unavailability ofmatenals after timely ordering of same, epidemics, quarantme restnctions, freight embargoes, fire, hghtmng, hum canes, earthquakes, tornadoes, floods, extremely abnormal and excessively inclement weather (as indIcated by the records of the local weather bureau for a five year period precedmg the Effective Date), stnkes or labor disturbances, delays due to proceedings under Chapters 73 and 74, Florida Statutes, restoration in connection with any of the foregoing or any other cause beyond the reasonable control of the party perfonnmg the obhgation in questIon, mcluding, without limitatIon, such causes as may anse from the act of the other party to thts Agreement, or acts of any governmental authority (except that acts of the CIty shall not constItute an UnavOidable Delay with respect to performance by the City) c. An application by any party hereto (referred to in thts paragraph (c) and in paragraph (d) as the "Applicant") for an extensIOn of tune pursuant to tlns subsectIon must be m wntmg, must set forth ill detaIl the reasons and causes of delay, and must be filed With the other party to tIns Agreement withm seven (7) days followmg the occurrence of the event or condItion causing the UnavOIdable Delay or seven (7) days following the Appltcant becoming aware (or WIth the exercise of reasonable d1l1gence should have become aware) of such occurrence d. The Applicant shall be entitled to an extenSIOn of tune for an UnavOIdable Delay only for the number of days of delay due solely to the occurrence of the event or conditIon causing such Unavoidable Delay and only to the extent that any such occurrence actually delays that party from proceedmg WIth Its nghts, dutIes and obltgatlons under tlus Agreement affected by such occurrence Pelican Walk Parking Garage Development Agreement 19 of 29 July 8, 2003 ARTICLE 12 FIRE OR OTHER CASUALTY; CONDEMNATION. 12.01 Loss or Damage to Parking Garage. a For a penod of tlurty (30) years after the Issuance of a final certlficate of occupancy by the City for the Parlang Garage, and WIthout regard to the extent or avaIlabIlIty of any Insurance proceeds, PelIcan Walk covenants and agrees to dIlIgently commence and complete the reconstructIOn or reparr of any loss or damage caused by fire or other casualty to each and every part of the Parkmg Garage to substantially the same SIZe, floor area, cubiC content and general appearance as eXIsted prior to the occurrence of such loss or damage, promptly after the CIty approves the Plans and SpecIfications for such reconstructIOn or repans. b The CIty shall reVIew the Plans and SpecIfications for such reconstructIOn or repaIrs as soon as possible after filIng thereofby Pehcan Walk The City agrees to approve the Plans and SpecificatIOns for such reconstructIon or repaIrs If the reconstructIon or repairs contemplated by such Plans and SpecIficatrons WIll restore the Parkmg Garage, or the damaged portIon thereof, to substantially the same condItion as eXIsted pnor to the occurrence of such loss or damage and If such Plans and SpecIfications conform to the applicable laws, ordmances, codes, and regulatIOns In effect at the tIme of filing WIth the City of the Plans and Specifications for such reconstructIon or repatrs c If Peltcan Walk fads to repair or restore any SIgnificantly damaged portIon of the Project, the CIty may, at Its electton and after tlurty (30) days notice to Peltcan Walk, bnng an actton m a court of competent junsdlctIon to compel PelIcan Walk to repatr or restore such damage. Cn the event of such lItigatIOn, the prevatlIng party shall be entItled to recover Its costs and attorneys' fees from the other party. 12.02 Project Insurance Proceeds a Whenever the Parlang Garage or any part thereof, shall have been damaged or destroyed, Pelican Walk shall promptly make proof of loss and shall proceed promptly to collect, or cause to be collected, all valId claims wInch may have ansen agamst msurers or others based upon such damage or destructIon b Peltcan Walk agrees that all proceeds of property or casualty Insurance receIved by Pelican Walk as a result of such loss or damage shall be aVaJ.lable and shall be used for payment of the costs of the reconstructton or repair of the Parlang Garage to the extent necessary to reparr or reconstruct the Parkmg Garage Pelican Walk Parking Garage Development Agreement 20 of 29 July 8, 2003 12.03 Notice of Loss or Damage to Parking Garage Pehcan Walk shall promptly gtve the CIty wntten nouce of any sIgruficant damage or destructIOn to the Parlang Garage statmg the date on whIch such damage or destructIOn occurred, the expectations of Parkmg Garage as to the effect of such damage or destructIon on the use of the Parlang Garage and the proposed schedule, if any, for reparr or reconstruction of the Parkmg Garage ARTICLE 13 MISCELLANEOUS 13.01 Assignments by Pelican Walk a Pnor to the Commencement Date, Pehcan Walk may sell, convey, asSIgn or othefW1se dispose of any or all of Its nght, title, mterest and oblIgatIOns III and to the ParkIng Garage Sltt~ and the Parlang Garage, or any part thereof, only WIth the pnor written consent of the City, such consent shall not be unreasonably WIthheld proVIded that such party (heremafter referred to as the "asslgnee"), to the extent of the sale, conveyance, assignment or other msposltIon by Pehcan Walk the Developer to the asSIgnee, shall be bound by the tenns of tlus Agreement the same extent as PelIcan Walk / b If the assignee of Pelican Walk's right, title, mterest and oblIgatIons ill and to the Parlang Garage assumes all of Pehcan Walk's obligations hereunder for the Parking Garage, then PelIcan Walk shall be released from all such oblIgatIons hereunder wInch have been so assumed by the aSSIgnee, and the CIty agrees to execute an instrument eVIdencmg such release, whIch shall be m recordable fonn c. An assignment of the Parlang Garage, or any part thereof, by PelIcan Walk to any corporation, linuted partnerslnp, general partnershIp, or Jomt venture, m wluch PelIcan Walk IS the or a general partner or has eIther the controllIng mterest or through a Jomt venture or other arrangement shares equal management nghts With a finanCIal mshtution and mamtams such controllmg mterest or equal management nghts shall not be deemed an asSIgnment or transfer subject to any restrIctIOn on or approvals of assignments or transfers unposed by this SectIon 13 0 I, proVIded, however, that notice of such asSIgnment shall be gtven by PelIcan Walk to the Clty not less than thirty (30) days prior to such asSIgnment bemg effectIve and the asSIgnee shall be bound by the terms of tills Agreement to the same extent as would Pelican Walk m the absence of such asSIgnment 13.02 Su~cessors and Assigus The terms and oblIgatIons herem contamed shall bmd and mure to the benefit of the City and PelIcan Walk and Its successors and asSIgns, includmg any lessee of the Parlang Garage. In the event that PelIcan Wa1k enters mto a lease of the Park:mg Garage or sells the Parkmg Garage and real property, the oblIgatIOns of tms Agreement shall be enforceable agwnst Pelican Walk and Its lessee or successor until the Pelican Walk Parking Garage Development Agreement 21 of 29 July 8, 2003 ConstructIOn CompletIOn Date, at WhICh time PelIcan Walk shall be released from any further oblIgations dunng the term of such lease, so long as PelIcan Walk has no oblIgatIOns or nghts to operate the Parlang Garage 13.03. Notices a All notIces, demands, requests for approvals or other commurucatIons gtven by eIther party to another shall be rn vmtrng, and shall be sent by regtstered or certIfied mail, postage prepaId, return receIpt requested or by conner ServIce, or by hand dehvery to the office for each party mdIcated below and addressed as follows' To Pelican Wall<: Nickolas C. EkonoIDldes Nickolas C. Ekonomides, P A 791 Bayway Boulevard Cleanvater, FL 33767 To the City: Pamela Alan, CIty Attorney CIty of Clearwater POBox 4748 Clearwater, FL 33758-4748 b. NotIces gIven by couner ServIce or by hand delivery shall be effective upon dehvery and notices gIven by mail shall be effective on the tInrd (3rd) business day after maihng. Refusal by any person to accept dehvery of any notlce dehvered to the office at the address mdlcated above (or as It may be changed) shall be deemed to have been an effective delivery as proVIded rn tIns Sectlon 13 03 The addresses to wmch notIces are to be sent may be changed from tIme to tune by wntten notIce dehvered to the other parties and such notIces shall be effectIve upon receipt Until notice of change of address is receIved as to any particular party hereto, all other partIes may rely upon the last address given 13.04. Applicable Law and Construction. The laws of the State of Flonda shall govern the vahdlty, performance and enforcement of this Agreement TIns Agreement has been negotIated by the City and Pehcan Walk, and the Agreement, rndudmg, WIthout hrmtatIon, the ExlnbIts, shall not be deemed to have been prepared by the CIty or PelIcan Walk, but by all equally 13.05. Venue; Submission to Jurisdiction a For purposes of any SUIt, achon, or other proceedmg ansmg out of or relatmg to tlus Agreement, the partIes hereto do acknowledge, consent, and agree that venue thereof IS Pmellas County, Flonda. Pelican Walk Parlo.ng Garage Development Agreement 22 of 29 July 8, 2003 b Each party to thIs Agreement hereby submlts to the junsdIctIon of the State of Flonda, Pmellas County and the courts thereof and to the junsdIctIOn of the Umted States DIStnct Court for the MIddle DIStnct of Flonda, for the purposes of any SUIt, actIOn, or other proceedmg ansmg out of or relatmg to thIS Agreement and hereby agrees not to assert by way of a mouon as a defense or otherwIse that such actIon IS brought m an mconvenient forum or that the venue of such actIOn IS Improper or that the subject matter thereof may not be enforced m or by such courts c If at any ume dunng the term oftlus Agreement, PelIcan Walk IS not a reSIdent of the State of Flonda or has no office, employee, or general partner thereof avmlable for seTVlce of process as a reSIdent of the State of Flonda, or If any penmtted assignee thereof shall be a foreIgn corporatiOn, partnershIp or other entIty or shall have no officer, employee, agent, or general partner aVaIlable for serv.tce of process m the State of Flonda, PelIcan Walk hereby desIgnates the Secretary of State. State of Flonda, ItS agent for the sefV1ce of process 10 any court actJOn between It and the City. or both, ansmg out of or relatmg to tlus Agreement and such Servlce shall be made as proVIded by the laws of the State of Flonda for service upon a non-resident, proVIded, however, that at the tune of servtce on the Flonda Secretary of State, a copy of such service shall be delIvered to PelIcan Walk. at the address for notices as prOVIded In 13 03. 13.06. Complete Agreement; Amendments a TIns Agreement, and all the terms and proVIsions contamed herem, mcludmg WIthout hD1ltatIOn the Exlubits hereto, constItute the full and complete agreement between the parties hereto to the date hereof, and supersedes and controls over any and all pnor agreements, understandmgs, representatIOns, correspondence and statements, whether wntten or oral b Any proVISIOn of tlus Agreement shall be read and applIed in para matena WIth all other proVISIOns hereof c TIns Agreement cannot be changed or reVIsed except by wntten amendment SIgned by all parties hereto. 13,07. Captions The artIcle and sectlOn headmgs and captIOns of thIS Agreement and the table of contents precedmg thIS Agreement are for convemence and reference only and m no way define, lImIt, descnbe the scope or mtent of tins Agreement or any part thereof, or m any way affect tlus Agreement or construe any artIcle, sectIon, subsectIon, paragraph or proVISion hereof. Pelican Walk Parking Garage Development Agreement 23 of 29 July 8,2003 13.08. Holidays It IS hereby agreed and declared that whenever a notIce or performance under the terms of thIS Agreement IS to be made or gIven or any time penod ends on a Saturday or Sunday or on a legal holiday observed In the CIty, It shall be postponed to the next followmg bUSIness day 13,09, Exhibits. Each ExlubIt referred to and attached to tlns Agreement IS an essentlal part of thIS Agreement The Exlublts and any amendments or reVISIOns thereto, even If not phYSIcally attached hereto shall be treated as If they are part of thIS Agreement 13.10. Not an Agent of City Dunng the term of tIns Agreement, PelIcan Walk: hereunder shall not be an agent of the CIty WIth respect to any and all semces to be performed by PelIcan Walk (and any of its agents, asSIgns, or successors) WIth respect to the Parkmg Garage 13.11 Public Purpose. The partIes acknowledge and agree that thIS Agreement satisfies, fulfills and IS pursuant to and for a publIc purpose and munIcIpal purpose and IS In the publIc Interest, and IS a proper exercIse of the City's power and authonty 13.12. No General Obligation In no event shall any oblIgatIOn of the CIty under thiS Agreement be or constitute a general oblIgation or mdebtedness of the City or the CIty, a pledge of the ad valorem wung power of the CIty or the City or a general oblIgatIOn or Indebtedness of the CIty or the City wIthm the meamng of the Constitution of the State of Flonda or any other applIcable laws, but shall be payable solely from legally avaIlable revenues and funds. Neither PelIcan Walk nor any other party under or beneficIary of tins Agreement shall ever have the nght to compel the exerCIse of the ad valorem taxmg power of the City, the CIty or any other govennnental entlty or taxation III any form on any real or personal property to pay the CIty'S or the CIty'S obhgatIons or undertakmgs hereunder. 13.13. Term; Expiration. TIns Agreement shall expIre and no longer be of any force and effect on the thIrtieth (30th) anmversary of the Issuance of a final certificate of occupancy for the Parking Garage 13,14 Effective Date. Upon execution oftlns Agreement by the authonzed officers of the Ctty and by autbonzed representatives of PelIcan Walk follOWIng approval hereof by the Ctty ComrmsslOn and the Board of DIrectors of Pehcan WaIk, tins Agreement shall then be III full force and effect In accordance WIth ItS terms and the date of such executIOn shall be the Effective Date 13.15. Approvals Not Unreasonably Withheld The partIes hereto represent that It IS theIr respective mtent as of the Effective Date and do covenant and agree III the future that all approvals, consents, and reVIews WIll be undertaken and completed as expedItiously as pOSSIble, m good faIth, and wIll not be arbltranly or unreasonably WIthheld, unless othetwlse expressly authonzed by the terms of thIS Agreement Pehcan Walk Parkmg Garage Development Agreement 24 of 29 July 8, 2003 IN WITNESS WHEREOF, the partIes hereto have set theIr hands and thetr respectIve seals affixed as of this a...b4k- day of August 2003 Countersigned. Approved as to form: ~fL1/~ - Pamela K. Alan City Attorney STATE OF FLORIDA COUNTY OF PINELLAS ) ) &:::;~:: ~ WIlliam B. Home II City Manager Attest: ~2- ~._~~ C . a E. Goudeau ' CIty lerk The foregoing instrument was acknowledged before me tlus 4 c5{ day of August 2003, by BRIAN J. AUNGST, Mayor-Commissioner of the City of Clearwater, who is personally known to me. &~K~!!fJJi5/V Notary PublIc ~~:~. DenISe A. Wilson ff:~-r/;;i.< -1 MY COMMISSION # CC9w07 EXPllIt <.a. ~.$< June 18. 2004 - ~": Of (li," eoIlDEt'TH~U TROYf.l\ll'lIo'lSU~AIIC[ Io'll:. "tIlt' STATE OF FLORIDA ) COUNTY OF PINELLAS ) The foregomg InStrument was acknowledged before me tlus ,-J!.-2 day of August 2003, by WILLIAM B. HORNE II, City Manager of the CIty of Clearwater, who is personally known to me ~()~ PrinI/I'ype Name:. ~A ~ {SO,J Notary PublIc :D''''~'- DenrseA WJison I.:';:; :~ MY COMMISSION # CC914107 EXPIRE~ ~.! June HI, 2004 - " " , llOND!O THIl\l ~Oy fAIN 1N9URAIII:I;.IIIl; " Pelican Walk Parlang Garage Development Agreement 25 of 29 July 8, 2003 ~ B.J.E., INc. By' ElIaS Anastasopoulos ~ ~bfo"4los PresIdent h\s ~.... tK A%or^~ STATE OF FLORIDA ) COUNTY OF PINELLAS ) The foregomg instrument was acknowledged before me thIS ").,p day August 2003, by :'lQ... of ~ '~~ Elias Anastasopoulos, PresIdent ofB J E , Ine, a Florrda corporatIOn, on behalf ofB J.E , Ine ~ttUopol' ~ e Name Notary PublIc ~,~ PatricIa J Ceelen ~1:r h. "'ii~ Comrmsslon # CO 902313 %,: ~.lig Expires Feb IS, 2004 ~~i""-I?~ B,md..d Thru "",qr,\'i,.,' AtlantIc Bendmg Co, Ine Pehcan Walk Parkmg Garage Development Agreement 26 of 29 July 8, 2003 " EXHIBIT A Legal Description Lots 32 through 43, block -B-, fIrst addItIon to Clearwater Beach Park, as recorded In plat book 15, page 80, public records of PInel/as County, Flonda, together wIth the adjacent Y2 of a vacated alley lying along the east boundary thereof. And together with. Lots 2 through 8, block "A", replat of Block "A" and lots 1 to 15 Incl. block "S- of Clearwater Beach Park first addItion, according to the plat thereof as recorded in plat book 21, page 21 of the public records of PlIlellas County, Flonda, together with the adjacent "Y2 of a vacated alley lying along the west boundary thereof. Pelican Walk. Parklng Garage Development Agreement 27 of 29 July 8, 2003 CDB Meetmg Date Case Number Agenda Item' Owner/ Apphcant Representatl ve Address January 18. 2005 FLD2004-09072 E6 Bm. mc KeIth Zayak. P E 483 Mandalay Avenue ORIGINAL CITY OF CLEARWATER PLANNING DEPARTMENT STAFF REPORT UPDATE: ThIS agenda Item IS requested by staff to be contmued to the February 15, 2005 Commumty Development Board meetmg to consider revIsed plan matenals and a Transfer of Development R1ghts (TDR) applIcatIon The revised plan matenals will Include reVISions to show adequate vehicular turn movements and to address CIty of Clearwater staff comments GENERAL INFORMATION: REQUEST: Flexible Development approval to penmt a mIxed use (parkIng garage and attached dwellIngs m cOnjunctIOn with eXistIng retaIl sales) wIth a reductIOn to the front (east) setback from 25 feet to 4 77 feet (to bUIldmg), a reductIOn to the Side (north) setback from 10 feet to 2 91 feet (to bUIldmg), reductIOns to the Side (south) set- back from 10 feet to zero feet (to dumpster enclosure), from 10 feet to 1 74 feet (to pavement) and from 10 feet to two feet (to bUIld- mg), a redUCtlon to the rear (west) setback from 20 feet to 2 89 feet (to bUIldmg) and to Increase the bUlldmg height from 35 feet to 70 feet (to roof deck) wIth an addItIonal four feet for penmeter para- pets (from roof deck) and an additIOnal 16 feet for rooftop pavIlIon (from roof deck), as a ComprehensIve Infill Redevelopment Pro- Ject, under the proVISions of SectIon 2.803 C , and to reduce the foundatIOn landscapIng along POInsettIa Avenue from five feet to 477 feet, as a ComprehensIve Landscape Program under the proVI- sions of SectIOn 3-1202 G EXISTING ZONINGI LAND USE: Tounst (T) Dlstnct, Resort FaClhtIes HIgh (RFH) Category PROPERTY SIZE: 1 68 acres, 73,379 square feet PROPERTY USE: Current Use Surface parkmg lot and retaIl sales Staff Report - Community Development Board - January 18, 2005 - Case FLD2004-090n Page 1 of2 Proposed Use Mixed use (parkmg garage and attached dwellmgs m conjunctIOn wIth eXlstmg retail sales) ADJACENT ZONINGI LAND USES: North East South West Tounst Dlstnct, Restaurant Tounst Dlstnct, RetaIl sales overnight accommodatIOns Tounst Dlstnct, RetaIl sales Tounst DIstnct, Retail sales CHARACTER OF THE IMMEDIATE VICINITY: RetaIl sales and servIces, restaurants and overnight accommodations dommate thIS area of Clearwater Beach Prepared bY' Plannmg Department Staff. I"tl'~ #. ~ MIchael H Reynolds, AICP Planner ill S \Plannmg Depanment\C D BIFLEX (FLD)IPendmg cases I Up for the next CDBIMnndoloy 483 Pellcan Walk Garage (1JlMandalay 483 Continuance Staff Reportfor 1 1805 CDB doc Staff Report- Conunuruty Development Board - January 18,2005 - Case FLD2004-09072 Page 2 of2 Reynolds. Mike From: Sent: To Cc Subject Rice, Scott Tuesday, January 11, 2005 8 42 AM Reynolds. Mike Elbo, Bennet! FLD2004-09072 - Pelican Walk Garage/Condos MIke, I have reviewed the plans for the subject project resubmitted 1/10/05 THE TURNING MOVEMENT FOR VEHICLES ENTERING THROUGH THE RESIDENT'S ENTRANCE CONTINUE TO SHOW AN UNACCEPTABLE CONFLICT In fact, the vehIcle paths shown on both the CIVIl and arclntectural plans show a more severe condttIon than prevIOUS plans Also, SIGHT TRIANGLES ARE NO LONGER ON THE SITE PLAN. This application, as submitted, IS still not ready to proceed to CDB. D. Scott Rice Land Deve/. Engr. Manager 727-562-4781 scott.rice@MyC/earwater.com 1 -:; Reynolds, Mike From Sent: To. Cc Subject Reynolds, Mike Thursday, December 30,2004357 PM 'kelth@kelthzayac com' Gerlock, ChIp, Tarapanl, Cyndl, Rice, Scott FLD2004-09072, 483 Mandalay Avenue, Pelican Walk Condominiums and Garage Keith, As a brief summary to what we concluded with at our meeting yesterday (Steve Spencer, Scott Rice, you and I), this e-mail IS sent to you . The Pelican Walk Comprehensive Infill Flexible Development and TDR requests will be considered by the Community Development Board on February 15,2005, If revised plan materials and a TOR application are submitted by 400 pm on Monday, January 10,2005, and If the revIsions and other submittal materials are deemed complete and acceptable . The revised plan materials Will Include plan sheet reVISions to show safe vehicular turn movements The reVISions WIll also address staff comments In Permit Plan I am providing you With an example of an already approved TDR application This copy IS available at the Development ServIces front counter At your request, the copy document IS addressed to Spencer and Associates Thank you MIchael H Reynolds, AICP City of Clearwater Planmng Department 1 Reynolds, Mike From Sent To. Subject Reynolds, Mike Thursday, December 30,2004227 PM Tarapanl, Cyndl, Gerlock, Chip FLD2004-09072, 483 Mandalay Avenue, Pelican Walk Condominiums and Garage Cyndl and Chip, Yesterday, December 29, Scott Rice and I met WIth KeIth Zayak and Steve Spencer to make clear what stili needed to be produced by the applicant In order for the application to move forward to a COB meeting We spent tlme diSCUSSing potential site plan redeSign of parking garage vehicular flow We went through the Permit Plan list of "Not Met" Items, resolVing some on the spot and Itemizing others that Keith and Steve agreed to address With a reVised submittal In anticipation of preparing a staff report, which In part Will cover denSity, I asked the applicants to explain their proposal for the 28 reSidential units project component I saId that qUick math shows a denSity allowance of 24 units on site Steve Said that four units were Included by TOR and that he had correspondence In hiS file about It I explained that TORs need COB approval Steve also said that It was thought that TORs had been recently processed through Wayne Wells for the Pelican Walk site When asked, Wayne saId that attorney Nickolas Ekonomldes, Inquired, approximately three to four weeks ago, by telephone as a general question and not related to any speCific project as to the purchase of development rights The response to Mr Ekonomldes was that one can purchase development fights that can be applied later to a speCific project Wayne said that he was not aware of any TOR to the Pelican Walk site A check of the TOR balance log shows no TOR actiVity to Pelican Walk I said that a TDR application form With all reqUired attachments Will need to be submitted, and that agenda noticing reqUirements WIll mean that Pelican Walk cannot be heard by the COB until the February 15,2005 meeting The apphcant asked for additional time, to submit applicatIon plan revIsions and the TOR application form (With attachments) beyond the January 6 revIsions deadline for the February 15,2004 COB meeting I saId that all application and plan revIsions along With the TOR application Will need to be submitted no later than 4 00 pm on Monday, January 10, 2005 In summary the status can be outlmed as follows . The Pelican Walk ComprehenSive Infill FleXible Development and TOR requests Will be conSidered by the Community Development Board on February 15, 2004, If reVised plan materials and a TO R application are subm Itted by 4 00 pm on Monday, January 10, 2005, and If the revls Ions and other su bmlttal matenals are deemed com plete and acceptable . The reVised plan matenals will Include plan sheet revIsions to show safe vehicular turn movements The revIsions Will also address staff comments m Permit Plan Mike 1 Wells, Wayne From Sent To Subject Schodtler, John Thursday, October 07,2004304 PM Reynolds, Mike, Wells, Wayne Revised TDR calculations Take Permitted FAR --1- X Building Square Footage of non-residential portion ~WJ ffI'D' = Lot size reqUired to support non-residential use In the bUilding :JI' afF'V I Subtract the lot size req u Ired to su pport non-res Identlal use In the bu lid Ing7.:J J 7/;.- - from the total lot size ] J; 60 n = square footage to calculated the residential density from I _~3 ) r DIvide square footage to calculated the density from )5:)7 f I an acre, 43560 = Acres :..' ;; ;--;, ~ , )0 ~ t/ r ~ .,q; Zy Multiply acres ~ ~I ~ ACid-i(dc; X Density = Residential Dwelling units allowed ~o < J( ""II tI~ :; 1"J:,./~.,R , 'i Y4 r' "JS\ \v 'l I (/ 1 Reynolds, Mike From Sent To: Cc: SubJect: Reynolds, Mike Monday, December 20, 2004 9 02 AM Tarapanl, Cyndl Gerlock, Chip, Rice, Scott FLD2004-09072, 483 Mandalay Avenue, Pelican Walk Condominiums and Garage Importance. High Cyndl, You had asked me to brief you upon my (and other ORe staff) revIew of the Pelican Walk sIte plan reVISions The revIews were completed last week, but then you and I were out Sick I realize that your schedule IS limited today, but I Will be happy to talk With you at your convenience To meet a deadline, the Pelican Walk site plan was Included Within the January 18,2005 COB Meeting Agenda However, there are some troubling Issues (pian/application suffiCiency) as to actually hearing Pelican Walk at that meeting There are a number of Planning Items "not met" In Permit Plan Further, a crlttcalltem of concern, noted by Engineering, needs to be addressed by the applicant pnor to reviewing the submittal at a COB meeting The Engineering Item, per Scott Rice Engineering has completed review of the resubmlttal for the subject application The conflict between vehicles entering the garage at the resident entrance and vehIcles travehng down the ramp has not been resolved The follOWing TraffiC comment has been added to Permit Plan "The vehicle path shown on Sheet A1 1 Indicates entering vehicles starting to turn pnor to the card reader and encroaching Into the lane for traffic traveling down the ramp This IS a problem for safe operation of the garage and must be addressed prior to COB" This Issue must be resolved before the project can go to COB I Will fax an updated Permit Plan status to Keith Zayak Mike Reynolds 1 oA.,rl,,,,,^- ':t1\i'" "k' .~=.~:.:;: ~t>.~ ~~. ~' '. ,Iii " !'t~ Ca;): .=, ~~ ~n"'~'~~~ ...~ )1-'::- Engmeeruig C'd mtlon Don Melone 10/28/2004 1 ) The architectural d rawmgs and cIvil drawl ngs do not match MET 2) The architectural drawl ngs, Sheet A 1 1, shows 362 parkin g spaces provIded and the CIVIl plans show 359 PLANS NOW CONSISTENT 3) The architectural plans show two gated Ingress/egress dnve aisles while the cIvIl plans only show the most northerly Ingress/egress having a control gate MET 4) The architectural drawing show sIdewalks leading from stair tower to curb, while the cIvil show sidewalk being extended to back-of-sldewalk Design should not encourage mid-block crossmgs due to safety reasons MET 5) The architectural plans show columns bemg constructed wlthm dnve aisles and parkmg spaces MET 6) Where do service and delivery vehicles park? PULL OFF AREA ADDED 7) Show how the resIdents access the roof top pool and all related functions around the pool MET 8) Exhibit "C" (10)(B) states the floor plates above 42 ft are 28,200 sq ft which does not meet design cnterla PLANNING CRITERIA 9) Exhibit "C" (10)(0) states that setbacks along local streets should be 12 ft and the proposed structure IS only 5 ft from the right-of-way of POinsettia Street PLANNING CRITERIA 10) The architectural plans Sheet P 1 shows the waterside balcony extendmg approximately 36 ft beyond the extenor wall while a dimenSional note for the waterSide balcony IS 10' x 30' RESOLVED 11) Need to verify where the eXisting 6" clay pipe runs through the south end of the property It serves NEEDS TO BE SHOWN MORE CLEARLY 12) Need to show to where the eXlstmg grease traps are being relocated HOW WILL SERVICE VEHICLES GAIN ACCESS TO SERVICE THE TRAPS? 13) The eXisting gas meters may need to be relocated at the applicant's expense MET 14) The eXIsting backflow devlce(s) Will have to be relocated outSide bUlldmg envelope and stay within the boundaries of this property ownership BACKFLOW DEVICES NEED TO BE RELOCATED AT APPLICANT'S EXPENSE 15) The proposed stop Signs appear to be behind walls of the parking garage MET 16) Need to Install the FOe on private property and meet Fire Department's requirements MET 17) Need to prOVide enough fire hydrant assemblies along all rights-of-way to meet Fire Department's requirements MAY NEED ADDITIONAL HYDRANT TO SATISFY FIRE NEEDS 18) The eXisting fire hydrant assembly south of structure IS shown on the west Side of POinsettIa Street while the City'S atlas shows It on the east SIde Engmeer to verify location and show the distance from the property MET 19) The CIvil plans show a 25 ft +/- dumpster stagIng area/access ramp/parking spaces Need to create a much smaller staging area like the architectural drawmgs show APRONS ARE NOT REQUIRED FOR STAGING AREA IS STAGING AREA REQUIRED FOR TRASH CHUTE? 20) How do the empty dumpsters rotate In and out of condominium trash enclosures? MET 21) PrOVide detail for sanItary connection at south end of bu lid Ing to prOVide contmuous samtary sewer service to properties lYing south of thiS project SEE COMMENT #11 22) PrOVide details of proposed water and sanitary connections MET 22) On Sheet C~5, what does the note "Cut and Repair" refer to? MET 23) What IS the clear vertIcal heIght of the first floor above the relocated sanJtary pipeline? MET 24) PROPOSED FIRE HYDRANT ASSEMBLIES AND FIRE LINE TO BUILDING CANNOT BE CONNECTED TO A RECLAIMED WATER PIPELINE 25) WHAT IS THE PURPOSE OF THE EXISTING 4" WATER MAIN SHOWN ON SHEET 5 26) TO COMPLY WITH BEACH BY DESIGN CRITERIA, PUBLIC SIDEWALK ALONG POINSETTA SHALL BE 10-FEET WIDE WHERE POSSIBLE 27) NOTE Additional comments may be necessary based on the responses to conditions All the above to be addressed pnor to COB Conditions Associated With FLD2004-Q9072 483 MANDALAY AVE 562-4798 Not Met Prior to bUilding permit 1) Fjeld determine Invert elevations of eXisting sanitary line 2) Provide Invert elevalions of proposed 8-lnch sanitary line 3) If proposed sanitary line IS less that 3-feet below finIshed grade It shall be ductile Iron Pn nt Date 12/13/2004 CaseCondltons Page 1 of 6 FLD2004-09072 483 MANDALAY AVE Environmental Condition Heather Faessler 562-4897 10/26/2004 No Issues Not Met 11/23/2004 Fire Condition Joe Colbert 562-4567 xt 3548 11/23/2004 11123/2004 landscape 11/23/2004 11123/2004 Show FDC at least 15 feet from the bUilding and within 40 feet of a Fire Hydrant dedicated to the Met Fire Sprinkler System PRIOR TO COB 11/23/04 J_C Condition met by revised plans received 11/18/04 Where underground water mains and hydrants are to be Installed, they shall be Installed, Met completed, and In service prior to construction as per NFPA 241 Please acknowledge PRIOR TO COB 11/23/04 J _ C Cond Itlon met by note on revised plans received 11/18/04 This DRC ReView by Fire IS not an approval or review of any construction plans or documents Met other than sIte work PLEASE ACKNOWLEDGE 11/23/04 J_C Condition met by narrative received 11/18/04 Arden Dittmer 562-4604 10/27/2004 (A_D) Met Prior to Development Order, 1 Change plant materials below the palms to Dwarf Oleander, between them change the plants to Podocarpus which Will grow taller, and limit the "IV' to the areas adjacent to the doorways and entrances 2 Darken the palms which are to remain, It IS unclear as to where they are and If they conflict wIth proposed 3 Several palms appear to be rated well, located away from construction and are shown as X'd out 4 There IS a single palm shown on the plan which IS not In the list and not keyed on the plan 5 Verify the count on all plant matenal, and submit a revised plan sheet for review no Issues Not Met Rick Albee 562-4741 10/22/2004 land Resource Condition 11/18/04-Palm removals equate to 1" only, replacements also equate to 1" only ReVise prior to Not Met BUilding Permit 1 O/22/04-Revlse tree removal calculations, all trees rated 2 or below do not reqUire replacements and all palm trees are replaced at one Inch each ProvIde prior to bUilding permit Parks & Recs Condition Open Space and Recreation Impact fees are due prior to Issuance of bUilding permits or final plat Not Met (If applicable) whichever occurs first These fees could be substantial and It IS recommended that you contact Deb Richter at 727-562-4817 to calculate the assessment Brian Barker 562-4779 10/19/2004 Storm Water Condition 1 Are eXisting pond and stormwater system being modified? (met) Not Met 2 Place a note on the plans for the contractor to regrade pond and clean out eXIsting structures If they are to remain (met) 3 DIrect all runoff from the garage to the pond (note was added to plans, however more Info Will be needed for construction Prior to any bUilding permits, prOVide suffiCient grades, flow arrows, drams, etc to show how the site Will drain to the pond) Solid Waste Service Initials Mlssmg Initials MISSing CaseCondltons Print Date 12/13/2004 Page 2 of 6 FLD2004-09072 483 MANDALAY AVE Solid Waste Service 12101/2004 Initials MIssing Initials MIssing Not Met Enclosure not to Spc Explain how condo units will dispose of trash, how Will they recycle, Show how eXisting retaIl Will dispose of Solid Waste and Recycling 12p01-04 Is the "roll~out Dumpster" on the South Side a compactor? It IS unclear If not there IS Inadquate service Traffic Eng Condition Bennett Elbo 562-4775 10/27/2004 1 Parking garage design on cIvil plans and architectural plans do not match MET Not Met 2 All parking spaces and drive aisles must meet current City standards I e for a 90 degree parking stall It must meet minimum dimensions of 9' Wide by 19' long with a 24' Wide drive aisle 185' DIMENSION AS SHOWN ON THE SITE PLAN IS ACCEPTABLE WITH THE CITY ENGINEER 10/28/2004 - PROVIDE DIMENSIONS FOR PARKING STALLS ON FLOORS 2.3-4 12/1/04- SHEET A111NDICATES STALL DEPTH 175', BUT SHEET A1 3 SHOWS 185' TYPICAL, PLEASE CLARIFY 3 All dIsabled parking stalls must comply with current City standards (width, accessible aisle and columns In aisle) MET 4 PrOVide a detail of the dIsabled parking stall and sign SEE COMMENT #2 FINE AMOUNT IS INCORRECT ~ SHOULD BE $255 5 All disabled parking stalls must be strategically located close to an accessible entrance MET 6 All levels of parking must meet reqUired A D A height clearance (8' - 2) for handIcap vans MET 7 Show accessible path from parking garage to connect retail bUlldlng,condo and public Sidewalks NEED ACCESSIBLE PATH FROM GARAGE TO SIDEWALK ALONG POINSETTA STREET 8 General Note Garage supports such as walls and columns must not Intrude within parking stall dimensions (Community Development Code Section 3-1402) ACKNOWLEDGED 9 General Note Garage supports such as walls must not Impede driver's sight vIsibility when backing out of parking space (Community Development Code Section 3-1402) ACKNOWLEDGED 10 Columns must not Intrude Into the disabled parking access aisle Chapter 11 Flonda BUilding AcceSSibility Code, Section 11-463 MET 11 Demonstrate that column locations prOVide adequate turning radiUS to accommodate all veh ICU lar mobility without encroaching Into other traffic VEH IC LE PATHS NOT CONT I N UO US RIGHT TURN ONTO RAMP AT SOUTHWEST CORNER OF GARAGE DOES NOT APPEAR TO SATISFY THIS CONDITION 12 Show location of parking tIcket dlspenser(s) MET 13 Show stackl ng for 18' veh Icle with 2' gap between vehicles enten ng the parking garage at the ticket dispenser at all entrances Stacking for a minimum of two vehicles at the main entrance and one at the condominium entrance MET 14 Sight vIsibility triangles are not displayed correctly Please refer to the community development code for correct placement Page CD330 MET 15 Remove bUilding structures such as walls that are within the sight vlslbllty triangles or re-deslgn bUilding wall where motorist's line of sight IS not obstructed THUS MUST BE INCLUDED IN REQUEST 16 Paint stop bar and the word "stop" at the bottom of ramp located near the condominium's driveway MET All of the above to be addressed prior to COB Traffic Impact Fees to be determined and paid prior to CO Pnor to bUlldmg permit 1 Show lighting and drainage plan Zoning Condition Mike Reynolds 562-4836 CaseCondltons Print Date 12/13/2004 Page 3 of 6 FLD2004-09072 483 MANDALAY AVE Zoning Condition Mike Reynolds 562-4836 10/26/2004 Correct the discrepancy between the architect's plans and the cIvil site plan regarding bUIlding height 10/26/2004 How many parking spaces are dedicated to the residential component of the sIte? State this Information within the site data table Update (11~28-04) This Item IS stlll not addressed Please provide the Information within the site data table Also explain the difference between resident parking and resident accessIble (see Sheet A 1 1) Update (12-9-04) Explain the dIfference between resIdent parking and res Ident accessIble (see Sheet A 1 1) 10/26/2004 Provide north and south bUIld Ing elevations Met Not Met Met 10/26/2004 BUilding height should be stated from BFE to roof midpoint Update (11-28-04) condition met, but Met state the height by decimal, Ie 8475 feet 1 0/26/2004 1m prove the clarity of the location map Update (11-28-04) ThIs comment IS stili not add res sed Not Met Update (12-9-04) This comment IS stili not addressed 1012612004 The site plan should have a plan sheet that shows the bUilding and ItS square footage Update Met (11-28-04) Th IS com ment IS still not addressed 10/26/2004 label all outdoor lighting Update (11-28~04) Provide I nformatlon as stated with In the 11-19-04 Met transmittal letter from applicant to CIty staff as an addition to Plan Note # 19 10126/2004 Clearly show all eXisting and proposed accesses to thiS property Update (11-28-04) ThiS Met comment IS strll not addressed 10/26/2004 I mprove the Index sheet (expand It to Include parking level sheets) Update (11-28-04) Th IS Not Met comment IS stili not addressed The Index sheet should account for all sheets within the sIte plan and architectural plans set Update (12-9-04) Provide an Index sheet for the architectural plans 10/26/2004 Correct the site data table Information on lot size and bUilding height (clarify what deck means) Met 10126/2004 Label the location of all easements Update (11-28-04) ThiS comment IS still not addressed The Met labels on sheets C-3 and C-4 differ, one called a 15 foot utility easement, the other a 15 foot alley Please clarify Update (12-9-04) Addressed, but ma ke th IS label (15' ALLEY) leg Ible 10/26/2004 The site plan set needs to show and Itemize the parking spaces per floor of the parking garage Met The fourth level sheet needs to show whIch IS public versus pnvate (residential) parking Update (11-28-04) Provide thiS information within the site data table, as well 10126/2004 State the FAR, eXIsting, proposed, and required Update (11-28-04) ThiS comment IS stili not Met addressed State the FAR limit as specified by the City Code 1012612004 Address all cntena Within the developments over one acre section of the application form Update Not Met (11~28-04) ThiS comment IS stili not addressed 10126/2004 At rooftop level (see roof plan draWing), show the pool, deck, and recreatIonal area In detail Not Met Update (11-28-04) ThIS comment IS stili not addressed Where IS the walkway to the pool? Are the roof top paVIlions connected to the pool by a walkway? 10/26/2004 Label the access Islands at level one WIthin the garage Update (11-28-04) ThiS comment IS stili Not Met not addressed 10/26/2004 label parking space dimenSions (typlcals) per floor Update (11-28-04) ThiS comment IS stili not Not Met addressed Parking space Width needs to be labeled If parking space dimenSion typlcals are for all parking levels, state as a plan note on sheet A 1 3 Update (12-13-04) ThiS IS stili not addressed, even though the apphcant's letter of transmittal IndIcates such 1012612004 Correct the discrepancy In total number of parking spaces Site Plan states total to be 359 Met parking spaces, and the architect's plans state 362 spaces Update (11-28-04) Both plan sets now show same totals of 356 parking spaces Print Date 12113/2004 CaseCondllons Page 4 of 6 FLD2004-09072 483 MANDALAY AVE Zomng CondItion Mike Reynolds 562.4836 10/26/2004 Label and show all pedestrian ways within the garage (each level) Update (11-28-04) ThIs comment IS sllll not addressed Update (12-13-04) This comment IS stIli not addressed 10/26/2004 Clearly show all Rights of Way with In and adjacent to the site 10/26/2004 10/26/2004 10/27/2004 1 0/27/2004 10/27/2004 10/27/2004 10/27/2004 10/27/2004 10/27/2004 1 2/01/2004 12/01/2004 12/01/2004 12/01/2004 12/01/2004 12/01/2004 12/01/2004 Not Met Met Provide a color landscape plan Met BUilding elevations need to Include dlmemslonal arrows to Indicate height from BFE to roof Met midpoint and to roof towers The eXisting submittal shows roof height to the eaves The project as submitted makes It difficult to determine If It IS consistent with Beach by Design Not Met Update (11-28-04) This com ment IS stili not addressed Provide a su mmary as to how the project design IS consistent with Beach by Design The bUilding elevations are not consIstent with the color rendenng Met The bUilding elevatrons need to clearly Indicate, by labels, a description of the proposed bUilding Met materials Label any faux windows and any other design features The color rendering does not show details for the main entrance/dnveway Update (11-28-04) Met Provide 15 copies of the color elevation A color elevation was not submitted with the revised materials post the 11-12-04 DRC The garage floor plans need to show maneuvering space (typlcals by floor) with dimensional Not Met arrows, labeled In linear feet Update (11-28-04) ThIs comment IS stili not addressed Only level three shows th IS detail Update (12-13-04) This com ment IS stili not addressed The eXisting elevator, per what IS proposed or shown on the floor plans, does not access the third Met and fourth garage levels Update (11-28-04) ThIs comm ent IS stili not addressed Consider Improving floor access for the eXisting elevator Update (12-13-04) The applicant has responded by stating that," The eXisting elevators service the public spaces only" See Plan Sheet A1 4 Correct the parking total shown as 61 spaces (should be 60 spaces) Met Update (11-28-04) The total IS now Itemized on Sheet A1 1 SIte Plan Sheet C-4 indicates 74 parkmg spaces on the Ground Level There appear to be 72 Not Met spaces shown for this level on the site plan drawing (same sheet) Please check this Update (12-13-04) Counting the spaces on Plan Sheet C-4 results In a total of72 parking spaces Please correct the number of spaces as stated In Plan Note # 14 (presently reads 74) or correct the drawmg showing the Ground Level (Sheet C-4) See Beach by Design, Design GUidelines, B Height, Item number 3 , address the floorplate limit Not Met See Beach by Design, Design GUidelines, C Design, Scale and Mass of BUIldings, Item number Not Met 2 , address the uninterrupted bUilding plane limit for the west and east elevations and adjust the design See Beach by Design, Design GUidelines, C Design, Scale and Mass of BUildings, Item number Not Met 3, address the Windows or architectural decorations minimum for the north and south elevations and adjust the design See Beach by DesIgn, DesIgn GUldehnes, C Design, Scale and Mass of BUlldmgs, Item number Not Met 4, show, by a drawing, how the 60 percent of maximum bUlldmg envelope limit on occupancy by a bUilding IS met See Beach by Design, Design GUidelines, D Setbacks, Item number 1 , conSider a 10 foot Wide Not Met Sidewalk along POinsettia Street, With the exception to the stop bar and vIsibIlity triangle areas See Plan Sheet P5 label the feature that IS to the nght or north of the garage entrance and Not Met colum n Update (12-13-04) Stili not add ressed to date CaseCondltons Pnnt Date 12/13/2004 Page 5 of 6 FW PelIcan Walk Page 1 of 1 , Reynolds, Mike From Sent. To: Cc: Subject Bruch, Tracey Fnday, December 10, 2004201 PM Rice, Scott, QUillen, MIchael Reynolds, Mike FW Pelican Walk Please see Jim's comments below, Looks like nothing has changed, Thanks, Tracey -----Ong Ina I Message-nn From: Jim Ebert [mallto'Jebert@tlmhaahs,com] Sent: Fnday, December 10, 2004 1.51 PM To: Bruch, Tracey Subject: FW, Pelican Walk Tracey I just got drawings My same comments as before as the drawings haven't changed See my comment to Jerry Koski Best, Jim From' Jim Ebert Sent' Friday, December 10, 2004 144 PM To' ~erry koskl@walkerparkmg com' SubJect: Pelican Walk Jerry Ijust got drawings from Spencer and they are basically the same as those Maureen sent. except a turning path has been added at the south entry lane Please check It again It appears the template shows the car starting to turn before pulling up to the card reader and up to the gate arm There IS a column next to the passenger Side which might make the dnver shy away from It There IS no Sight triangle as the stair blocks the vIsion ~ both ways I won't belabor this If you sat It'S OK but I'll have to go on record as saYing It creates a dangerous condition CaUlf you want to discuss Jim Please VISit our new webslte wwwtlmhaahs com E, James Eberl, P E. Executive Vice President Timothy Haahs & Associates, Inc 550 Township Line Road, SUite 100 Blue Bell, Pennsylvania 19422 t 484-342-0200 ext 104 f 484-342-0222 Jebert@bmhaahs com 12/13/2004 Planning Info for the 12/9/2004 Project Meeting Markovoulos/Patel . Case DV A2004~0000 I -At the request of the developer, the CDB at theIr meetmg on 10/1912004 recommended demal of this case Thc case IS scheduled for the City Council agenda on December 16,2004 No reVISIOns have been submitted but the developer Cheezum - Sand Pearl . JMC project, generally at 500 Mandalay Avenue, IS scheduled for a decIsIOn by the COB on December 14,2004 . The Development Agreement IS scheduled for reVIew and recommendatIOn by the COB on December 14,2004, and for deCiSIOn by CIty CounCIl on January 20, 2005 Pelican Walk Parkin!! Gara!!e . A FleXIble Development ApplIcatIon for a ComprehenSive Infill Redevelopment Project for 483 Mandalay Avenue was on September 29,2004 . The applIcatIOn is proposmg three levels of attached mulh-famIly reSidential umts (28 condomInIUms) above a four level parkmg garage The garage IS proposed to have 356 parkIng spaces total . The applIcatIOn is seekIng a reduction of the front (east) setback from 25 feet to 4 77 feet, a reductIOn of the SIde setbacks from 10 feet to zero feet to pavement (south) and 291 feet to bUIldmg (north), and a bUIldmg height mcrease to 84 75 feet above Base Flood ElevatIOn to mldpomt of roof (In the Tounst Distnct, 35 feet IS the heIght lImIt for attached dwellmgs, 50 feet IS the heIght lImIt for a parkIng garage) . The applIcatIOn was determmed to be complete A letter of completeness was sent to KeIth Zayak (the project contact) . The applrcatIOn was conSidered msufficlent by the Development ReView Committee (DRC) on November 12, 2004 The DRC reViewed applicatIOn plan set resubmlttals on December 2,2004 . If the application plan set is determIned to bc suffiCIent upon staff receIpt and reVIew of subsequent reVISions (revlSlon deadlIne IS December 8, 2004), the applIcatIOn submlttal WIll be conSidered by the Commumty Development Board on january 18,2005. ~\ r Conditions Associated With S~ . ,\ 1 ;~~ FLD2004-09072 ~~:~ m ''Q.~~~t 483 MANDALAY AVE ."71 ... Ie 0 "'~~rER; J~ " Engmeenng C'f:fR~lon Don Melone 562-4798 10/28/2004 1) The architectural drawings and CIVil drawings do not match MET Not Met 2) The architectural drawings, Sheet A 1 1, shows 362 parking spaces provided and the CIVil plans show 359 PLANS NOW CONSISTENT 3) The architectural plans show two gated Ingress/egress drive aisles while the CIVil plans only show the most northerly Ingress/egress having a control gate MET 4) The architectural drawing show sidewalks leadmg tram stair tower to curb, while the CIVil show sidewalk belllg extended to back-ot-sldewalk Design should not encourage mid-block crOSSings due to safety reasons MET 5) The architectural plans show columns being constructed within drive aIsles and parkmg spaces MET 6) Where do service and delivery vehicles park? PULL OFF AREA ADDED 7) Show how the reSidents access the roof top pool and all related functIons around the pool MET 8) Exhibit "C" (10)(B) states the floor plates above 42 ft are 28,200 sq ft which does not meet deSign Criteria PLANNING CRITERIA 9) ExhIbit "C" (10)(D) states that setbacks along local streets should be 12 ft and the proposed structure IS only 5 ft from the nght-ot-way of POlllsettla Street PLANNING CRITERIA 10) The architectural plans Sheet P 1 shows the waterside balcony extending approximately 36 ft beyond the extenor wall whIle a dimensional note for the waterSide balcony IS 10' x 30' RESOLVED 11) Need to verify where the eXisting 6" clay pipe runs through the south end of the property It serves NEEDS TO BE SHOWN MORE CLEARLY 12) Need to show to where the eXisting grease traps are being relocated HOW WILL SERVICE VEHICLES GAIN ACCESS TO SERVICE THE TRAPS? 13) The eXlstmg gas meters may need to be relocated at the applrcant's expense MET 14) The eXlstmg backflow devlce(s) wIll have to be relocated outsIde bUilding envelope and stay wIthin the boundanes of thiS property ownership BACKFLOW DEVICES NEED TO BE RELOCATED AT APPLICANT'S EXPENSE 15) The proposed stop signs appear to be behind walls ot the parking garage MET 16) Need to Install the F DC on private property and meet Fire Department's requirements MET 17) Need to proVide enough fire hydrant assemblies along all rights-at-way to meet Fire Department's reqUirements MAY NEED ADDITIONAL HYDRANT TO SATISFY FIRE NEEDS 18) The eXisting fire hydrant assembly south of structure IS shown on the west sIde of POInsettia Street while the City'S atlas shows It on the east side Engineer to verify location and show the dIstance trom the property MET 19) The CIVIl plans show a 25 ft +1- dumpster stagIng area/access ramp/parking spaces Need to create a much smaller staging area like the architectural draWings show APRONS ARE NOT REQUIRED FOR STAGING AREA IS STAGING AREA REQUIRED FOR TRASH CHUTE? 20) How do the empty dumpsters rotate In and out at condominium trash enclosures? MET 21) ProvIde detail tor sanitary connection at south end ot bUilding to provide continuous sanitary sewer servIce to properties lYing south of thiS project SEE COMMENT #11 22) Provide details of proposed water and sanitary connections MET 22) On Sheet C-5, what does the note "Cut and RepaIr" refer to? MET 23) What IS the clear vertical height of the first floor above the relocated sanitary pipeline? MET 24) PROPOSED FIRE HYDRANT ASSEMBLIES AND FIRE LINE TO BUILDING CANNOT BE CONNECTED TO A RECLAIMED WATER PIPELINE ( 25) WHAT IS THE PURPOSE OF THE EXISTING 4" WATER MAIN SHOWN ON SHEET 5 26) TO COMPLY WITH BEACH BY DESIGN CRITERIA, PUBLIC SIDEWALK ALONG POINSETTA SHALL BE 10-FEET WIDE WHERE POSSIBLE 27) NOTE Additional comments may be necessary based on the responses to conditIons All the above to be addressed prior to COB Prior to bUilding permit 1) Field determine Invert elevatlons of eXisting sanitary hne 2) Provide mvert elevations of proposed 8-lnch sanitary line 3) If proposed sanitary hne IS less that 3-teet below finished grade It shall be ductile Iron Print Date 12/09/2004 CaseCondltons Page 1 of 4 FLD2004-09072 483 MANDALAY AVE Environmental Condition Heather Faessler 562-4897 10/26/2004 No Issues Not Met landscape 11/23/2004 Arden Dittmer 562-4604 no Issues Not Met land Resource Condition Rick Albee 562-4741 10/22/2004 11/18/04-Palm removals equate to 1" only, replacements also equate to 1" only Revise prior to Not Met BUIlding PermIt 10/22/04-Revlse tree removal calculations, all trees rated 2 or below do not reqUIre replacements and all palm trees are replaced at one Inch each Provide prior to bUilding permit Parks & Recs Condition Open Space and Recreation Impact fees are due prior to Issuance of bUlldmg permits or final plat Not Met (If applicable) whichever occurs first These fees could be substantial and It IS recommended that you contact Deb Richter at 727-562-4817 to calculate the assessment Storm Water Condition Brian Barker 562-4779 10/19/2004 1 Are eXlstmg pond and stormwater system being modified? (met) Not Met 2 Place a note on the plans for the contractor to regrade pond and clean out eXisting structures If they are to remam (met) 3 Direct all runoff from the garage to the pond (note was added to plans, however more mfo will be needed for construction Prior to any bUilding permits, provide sufficient grades, flow arrows, drains, etc to show how the site will drain to the pond) Solid Waste Service 12/01/2004 Initials MISSing Initials MISSing Not Met Enclosure not to Spc Explain how condo Units will dispose of trash, how will they recycle, Show how eXlstmg retail will dispose of Solid Waste and Recycling 12-01-04 Is the "roll-out Dumpster" on the South side a compactor? It IS unclear If not there IS mq.dquate service TraffiC Eng Condition Bennett Elba 562-4775 10/27/2004 1 Parking garage deSign on cIvil plans and architectural plans do not match MET Not Met 2 All parking spaces and drive aisles must meet current city standards I e for a 90 degree parking stall It must meet mmlmum dimenSions of 9' wide by 19' long With a 24' wide drive aisle 185' DIMENSION AS SHOWN ON THE SITE PLAN IS ACCEPTABLE WITH THE CITY ENGINEER 10/28/2004 - PROVIDE DIMENSIONS FOR PARKING STALLS ON FLOORS 2-3-4 12/1/04- SHEET A111NDlCATES STALL DEPTH 17 5', BUT SHEET A1 3 SHOWS 185' TYPICAL, PLEASE CLARIFY 3 All disabled parkmg stalls must comply With current city standards (WIdth, accessIble aIsle and columns In aisle) MET 4 Provide a detail of the disabled parkmg stall and sign SEE COMMENT #2 FINE AMOUNT IS INCORRECT - SHOULD BE $255 5 All disabled parking stalls must be strategically located close to an accessible entrance MET 6 All levels of parking must meet reqUired A D A heIght clearance (8' - 2) for handicap vans MET 7 Show accessible path from parking garage to connect retail bUlldlng,condo and public sidewalks NEED ACCESSIBLE PATH FROM GARAGE TO SIDEWALK ALONG POINSETTA STREET 8 General Note Garage supports such as walls and columns must not Intrude Within parking stall Print Date 12/09/2004 CaseCondltons Page 2 of 4 FLD2004..Q9072 483 MANDALAY AVE TraffIc Eng Condition Bennett Elba 562-4775 dimensions (Community Development Code Section 3-1402) ACKNOWLEDGED 9 General Note Garage supports such as walls must not Impede dnver's sIght vIsibility when backing out of parking space (Community Development Code Section 3-1402) ACKNOWLEDGED 10 Colu mns must not mtrude mto the disabled parking access aisle Chapter 11 Flonda Bu Ildmg Accessibility Code, Sectlon 11-463 MET 11 Demonstrate that column locations provIde adequate turnmg radius to accommodate all vehicular mobility without encroaching Into other traffiC VEHICLE PATHS NOT CONTINUOUS RIGHT TURN ONTO RAMP AT SOUTHWEST CORNER OF GARAGE DOES NOT APPEAR TO SATISFY THIS CONDITION 12 Show location of parking ticket dlspenser(s) MET 13 Show stackmg for 18' vehicle With 2' gap between vehicles entenng the parkmg garage at the ticket dispenser at all entrances Stacking for a mmlmum of two vehicles at the mam entrance and one at the condominium entrance MET 14 Sight vIsibility triangles are not displayed correctly Please refer to the community development code for correct placement Page CD330 MET 15 Remove bUilding structures such as walls that are wlthm the Sight vlslbllty triangles or re-deslgn bUildIng wall where motonst's line of Sight IS not obstructed THUS MUST BE INCLUDED IN REQUEST 16 Pamt stop bar and the word "stop" at the bottom of ramp located near the condominium's dnveway MET All of the above to be addressed pnor to COB Traffic Impact Fees to be determmed and paid pnor to CO Prior to bUilding permit 1 Show IIghtmg and drainage plan 611./- 10/26/2004 How many parking spaces are dedicated to the residential component of the site? ~ot Met Zomng condlllO:Ia,e thIS Information WI::::::: Iable :Pdate (11-28-04) ThIs .~~:::, addressed Please prOVide the Information wlthl the site data table-.A:lso explain the difference be een resident par 109 and resident accessible (see SheeCAl1) 10/26/2004 ~Improve the clarity of the location map Update (11-28-04) This comment IS still not addressed Got ~ 10/26/2004 The sIte plan should have a plan sheet that shows the bUlldmg and ItS square footage Update Not Met V' (11-28-04) This comment IS stili not addressed 10/26/2004 Label all outdoor IIghtmg Update (11-28-04) PrOVide Information as stated With In th e 11-19-04 Not Met ....- transm Ittalletter from applicant to City staff as an addition to Plan Note # 19 10/26/2004 Clearly show all eXisting and proposed accesses to this property Update (11-28-04) ThIS Not Met~ comment IS stili not addressed 1 0/26/2004 Improve the Index sheet (expand It to Include parking level sheets) Update (11-28-04) ThiS N at Met V comment IS stili not addressed The Index sheet should account for all sheets Within the site plan and architectural plans set 1 0/26/2004 Label the location of all easements Update (11-28-04) ThiS com ment IS stIli not addressed The Not Met V labels on sheets C-3 and C-4 differ, one called a 15 foot utility easement, the other a 15 foot alley Please clarify 1 0/26/2004 State the FAR, eXlstmg, proposed, and reqUIred Update (11-28-04) ThiS com ment IS stili not Not Met -'" addressed State the FAR limit as speCified by the CIty Code Pnnt Date 12/09/2004 CaseCondllons Page 3 of4 Zonmg Condition Mike Reynolds 562-4836 10/26/2004 Address all crltena within the developments over one acre section of the application form Update G?t ~.D (11-28~04) Th IS comment IS still not addressed At rooftop level (see roof plan draWing), show the pool, deck, and recreatlonal area In detail Update (11 ~28-04) Th IS com ment IS stili not add ressed Where IS the wal kway to the pool? Are the roof top pavIlions connected to the pool by a walkway? Label the access Islands at level one with In the garage Update (11-28-04) Th IS comment IS stili Not Met not addressed _ Label parking space dImensIons (tyPlcaIS);er floor UPd~ (11-28-04) This comment IS stili not ~ addressed Parking space width needs to be labeled If parking space dimenSion typlcals are for ~ all parking levels, state as a plan note on sheet A1 3 Label and show all pedestnan ways within the garage (each level) Update (11-28-04) This comment IS stili not addressed 10/26/2004 1 0/26/2004 10/26/2004 10/26/2004 10/26/2004 10/27/2004 10/27/2004 1 0/27/2004 10/27/2004 12/01/2004 12/01/2004 12101/2004 12/01/2004 12/01/2004 12/01/2004 12/01/2004 FLD2004~09072 483 MANDALAY AVE Not Met C~t Met) Clearly show all Rights of Way Within and adjacent to the site Not Met The project as subm1lled makes II dIffIcult to determ.ne If II IS consIstent wllh Beach by DeSIgn r;;;" Met~'J Update (11-28-04) Th IS comment IS stili not addressed Provide a su m mary as to how the prOJ ect "'-_ J deSign IS conSistent With Beach by DeSIgn The color rendering does not show details for the main entrance/driveway Update (11~28-04) Not Met Provide 15 copies of the color elevation A color elevation was not submitted With the revised materials post the 11-12-04 DRC The garage floor plans need to show maneuvering space (typlcals by floor) With dimensIonal ~ arrows, labeled In linear feet Update (11-28-04) Th IS com ment IS s1lfl not addressed Only level ~ three shows thiS detail The eXisting elevator, per what IS proposed or shown on the floor plans, does not access the third Not Met and fourth garage levels Update (11-28-04) ThiS comment IS stili not addressed Consider Improving floor access for the eXisting elevator Site Plan Sheet C-4 Indicates 74 parking spaces on the Ground Level There appear to be 72 Not Met spaces shown for thiS level on the site plan draWing (same sheet) Please check thiS See Beach by DeSign, DeSign GUidelines, B Height, Item number 3, address the f100rplate limit Not Met See Beach by DeSign, DeSign GUidelines, C DeSign, Scale and Mass of BUildings, Item number Not Met 2 , address the uninterrupted bUilding plane limit for the west and east elevations and adjust the deSign See Beach by DeSign, DeSign GUidelines, C DeSign, Scale and Mass of BUildings, Item number Not Met 3, address the Windows or architectural decorations minimum for the north and south elevations and adjust the deSign See Beach by DeSign, DeSign GUidelines, C DeSign, Scale and Mass of BUildings, Item number Not Met 4, show, by a draWing, how the 60 percent of maximum bUilding envelope limit on occupancy by a bUilding IS met See Beach by DeSign, DeSign GUidelines, D Setbacks, Item number 1 , consider a 10 foot wide Not Met sidewalk along POinsettIa Street, With the exception to the stop bar and vIsibility triangle areas See Plan Sheet P5 Label the feature that IS to the right or north of the garage entrance and Not Met column CaseCondltons Print Date 12/09/2004 Page 4 of 4 Reynolds, Mike From Sent: To: Subject: Reynolds, Mike Tuesday, December 07, 2004321 PM Gerlock, Chip, Hames, Angel FLD2004-09072, 483 Mandalay Avenue, Pelican Walk (Garage and CondomlOlums) Pelican Walk Garaqe & Condommlums Prolect Update Summary · A Flexible Development Application for a Comprehensive Infill Redevelopment Project for 483 Mandalay Avenue was on September 29,2004 · The application IS proposing three levels of attached multi-family residential units (28 condommlums) above a four level parking garage The garage IS proposed to have 356 parkmg spaces total · The applicatIon IS seekmg a reduction of the front (east) setback from 25 feet to 4 77 feet, a reduction of the side setbacks from 10 feet to zero feet to pavement (south) and 291 feet to bUlldmg (north), and a bUIlding height Increase to 84 75 feet above Base Flood Elevation to midpoint of roof (In the Tourist DiStrict, 35 feet IS the heIght limit for attached dwellings, 50 feet IS the height limit for a parking garage) · The applicatIon was determmed to be complete A letter of completeness was sent to KeIth Zayak (the project contact) · The application was considered InsufficIent by the Development Review Committee (ORe) on November 12,2004 The DRC reviewed application plan set resubmlttals on December 2,2004 · If the appllcatlon plan set IS determmed to be suffIcient upon staff receipt and review of subsequent revISions (revIsion deadline IS December 8,2004), the application submittal WIll be considered by the Community Development Board on Janu..ary 18, 2005 Mike Reynolds, AICP City of Clearwater, FL Planning Department uJ~ ''I tfi/fl 01 \ / ') 'J~ I ~p lA vf.v t Mi-y tI.Lvv'/t-r at! /1tJo/ ~ 16/ /~ f. 1 Reynolds, Mike From Sent To Subject. Reynolds, Mike Tuesday. December 07, 2004 3 21 PM Gerlock, Chip, Hames. Angel FLD2004-09072, 483 Mandalay Avenue, Pehcan Walk (Garage and Condommlums) Pelican Walk GaraQe & Condominiums Prolect Update Summary · A Flexible Development Application for a Comprehensive lnfill Redevelopment Project for 483 Mandalay Avenue was on September 29, 2004 · The application IS proposing three levels of attached multi-family residential units (28 condominiums) above a four level parking garage The garage IS proposed to have 356 parkrng spaces total · The application IS seeking a reduction of the front (east) setback from 25 feet to 477 feet, a reduction of the side setbacks from 10 feet to zero feet to pavement (south) and 291 feet to bUilding (north), and a bUIlding height Increase to 84 75 feet above Base Flood Elevation to midpoint of roof (In the Tourist District, 35 feet IS the height limit for attached dwellings, 50 feet IS the height limit for a parkIng garage) · The application was determined to be complete A letter of completeness was sent to Keith Zayak (the project contact) · The application was conSidered rnsufficlent by the Development Review Committee (DRC) on November 12, 2004 The DRC reviewed application plan set resubmlttals on December 2, 2004 · If the applicatIon plan set IS determined to be sufficient upon staff receipt and review of subsequent reVISions (revIsion deadline IS December 8, 2004), the application submittal will be considered by the Community Development Board on January 18, 2005 Mike Reynolds, AICP City of Clearwater, FL Plannmg Department 1 Page ~ Reynolds, Mike From Sent: To Cc Subject Bruch, Tracey Monday, December 06,2004959 AM Rice, Scott, Reynolds, Mike QUillen, Michael, Tarapanl, Cyndl FW Pelocan Walk FYI --mOnglnal Messagemn From: Jim Ebert [mallto Jebert@tlmhaahs com] Sent: Monday, December 06, 2004 7 59 AM To: Bruch, Tracey Subject: RE' PeJocan Walk HI Tracey I received dwgs from Jerry Koski He called me and we decided since I've received nothmg from Spencer we'd bypass that route He has a contract for parking layout but not yet structural englneenng Here are some comments on WPC dwgs dated 11/17/04 1 The entry at the south creates a dangerous condition Not only will entering dnvers be forced to tum nght Into the opposite lane of cars coming down the ramp, but the stair tower blocks their Sight tnangle Same true for the dnvers coming down the ramp - they can't see entenng cars 2 I don't understand what IS In the bUlldmgs at the west Shows a lot of doors that "exit?" Into the garage Is thiS OK and what IS the occupancy separation? 3 Cols B 3 and A 7 are very close to the dnvlng aisles making It difficult to pull Into the stalls next to the columns 4 Note says revenue control will be pay on foot Where IS the garage elevator lobby and where are POF machines conveniently located? 5 The curb radius at the entry/exit dnves seem qUite large compared to what I've seen m other cities 6 I believe 8 accessible, not 7 are required by the FL BUilding Code 7 What IS the eXit path from the stair towers along Ptonsetta Street? The doors at the ground floor should open In the direction of eXit travel Please keep me up to date Thanks Please VISit our new website. www tlmhaahs com E James Ebert, P E. Executive VIce PreSIdent Timothy Haahs & ASSOCiates, Inc 550 Township Line Road, SUite 100 Blue Bell, Pen nsylvanla 19422 t 484-342-0200 ext 104 f 484-342-0222 jebert@lImhaahs com 12/6/2004 ~ Page 1 of 1 Reynolds, Mike From: Bruch, Tracey Sent Thursday, December 02, 2004 9 29 AM To QUillen, Michael, Rice, Scott, Reynolds, Mike, Tarapanl, Cyndl Subject FW Please see JIm's response below... Tracey nn-Onglnal Messagem-- From: Jim Ebert [mallto'Jebert@tlmhaahs com] Sent: Thursday, December 02,20046.39 AM To: Bruch, Tracey Subject: RE. I would NOT approve the resident's entry configuration as It IS presently shown WPC should know how to fix I'll let you know when I receive more drawings and wIll comment Jim [Tracey Bruch ] -------------------------------------------------------------------------------------- Jim According to the Dev Agmt you should be receiving all of the drawings for approval and we realize that has not occurred However, Please provide any additional comments you have based on the drawings you have received to date. Of particular concern to us IS your comment (#2) concerning the difficult turn We concur with your comment and want to know If you would approve this element of the design as currently configured? According to the dev agmt you have the ability to approve Thanks Jim, Tracey 12/2/2004 1 :45 pm Case Number uwner(s). FLD2004-0l,.v L -~ 483 MANDALA Y AVE B J E Inc 630 S GulfvlE,w Blvd Clearwater, fl 3,767 TELEPHONE No Phone, FAX No Fax E-MAIL No Emall (v/~) . - Representative. Keith Zayac 70 I Enterpnse Rd East Ste 404 Safety Hdrbor, FI 34695 TELEPHONE 727-793-9888, FAX 727-793-9855, E-MAIL kelth@kelthzdYdc com Location. I 68 acre", located approximately 180 feet from the mtersectlOn of Manda lay Avenue and Baymont Street Atlas Page 267 A Zomng Dlstnct T, Tounst Request. Request for Flexible Development approval, to penmt a four-level parkIng garage with 359 pdrklng spaces and 28 re",1 dentm\ attached uOltS, with d reductIOn 0 f the front (east) setbdck from 25 feet to five feet, a reductIOn of the side setbacks (north and south) from 10 feet to zero feet, and a bUlldmg hClght IOcrease to 68 5 feet above Base Flood ElevatIon to top of roof (in the Tounst DI",tnct, 35 feet IS the height limit for attached dwellings, 50 feet IS the height limit for a parkmg garage), as a Comprehensive Infill Redevelopment Project, under the provIsIOns of SectIOn 2-803 C Proposed Use Mixed u",e Neighborhood Clearwater Beach AssocldtIon AssociatlOn(~) Clearwater, FI 33767 827 Mandalay Ave TELEPHONE 727-446-580\, FAX No Fax, E-MArL dmacnav@att net Neighborhood Clearwater Neighborhoods CoalitIOn AssocI3tion(s)' Clearwater, F1 3376\ 2544 Fnsco Dnve TELEPHONE 727-725-3345, FAX No Fax, E-MAlL DJw@gtenet Neighborhood Coral Resort Condonnnum ASsoclatlOn(s). Clearwdter, Fl 33767 483 E Shore Dnve TELEPHONE 727-446-3711, FAX No Fax, E-MAIL coral483@aol com Presenter: MIke Reynolds, Planner III Attendees Included: Chip Gerlock, Mike Reynolds, Scott Rice, Tracey Bruch, Joe Colbert, Tom Glenn The DRC reviewed thl" applIcation With the following comments: General Engmeermg: Development RevlCw Agenda - rhursday, December 2,2004 - Page 45 I) CI he drdlltectUl ~_ drawmgs and cIvIl drawmgs do not match Me ~ 2) The architectural drawmgs, Sheet A I 1, shows 362 pal klllg ~paces provided and the civil plans "how 359 PLANS NOW CONSISTbNT 3) The architectural plans show two gated IIlgress/egress dnve aJ~]es whlle the (,lvll plam only :;,how the most northerly mgres.;;/egress havIng a control gdte MET 4) The architectural drawmg ~how sldewdlk.;; leading from <;talr tower to curb, while the cIvil "how sldewalk bemg extendcd to back-of-sldewalk DesIgn ~hould not encourage mId-block crossmgs duc to safety red sons MET 5) The archItectural plans .;;how columns being constructed wltlun dnve aisle.;; and parkmg spaces MET 6) Where do servIce and delivery velucles park? PULL OFF AREA ADDED 7) Show how the resIdenb dccess the rooftop pool and all related funchon:;, around the pool MET 8) ExhIbIt IrC" (I O)(B) "tates the floor plates above 42 ft are 28,200 sq ft which does not meet de~lgn cntena PLANNING CRITERIA 9) ExhIbit "C" (10)(0) states that setbacks along local street& should be 12 ft and the proposed structure I';; only 5 ft from the nght-of-way ofPolnsettJa Street PLANNING CRITERIA 10) The architectural plans Sheet P I shows the watersIde balcony extending approximately 36 ft beyond the extenor wall whde a dImensIonal note for the waterside balcony IS 10' X 30' RESOLVED ,-. II) Need to venfY where the eXIstmg 6" clay pIpe runs through the south end of the property It serves NEEDS TO BE SHOWN MORE CLEARLY ,- 12) Need to show to where the eXIstIng grease traps are being relocated HOW WILL SERVICE VEHICLES GAIN ACCESS TO SERVICE THE TRAPS') _ 13) The eXistIng gas meters may need to be relocated at the applicant's expen <;e MET 14) The eXI<,tmg backflow devlce(s) WIll have to be relocated outSide buildmg envelope and stay - WlthlO the bounddnes of this property ownershIp BACKFLOW DEVICES NEED TO BE RELOCATED AT APPLICANT'S EXPENSE 15) The proposed stop &Igns appear to be behmd wal]" of the parlang garage MET 16) Need to mstall the F DC on pnvate property and meet Fife Department's requuements MET 17) Need to proVide enough fire hydrant a<;sembhes along all nghts-of-way to meet Fife Department's reqUirements MAY NEED ADDITIONAL HYDRANT TO SATISFY FIRE NEEDS 18) The eXlstmg fire hydrant as"embly south of structure IS shown on the west SIde ofPolDsettla Street whlic the CIty'S atlas shows It on the east Side Engmecr to venfy lOCation and show the distance from the property MET _ ] 9) The clVlI plans show a 25 ft +1- dumpster staging area/access ramp/parkmg spaces Need to create d much smaller stagmg area hke the archttectural drawmgs show APRONS ARE NOT REQUIRED FOR STAGING AREA IS STAGING AREA REQUIRED FOR TRASH CHUTE? 20) How do the empty dumpsters rotate 10 and out of condoilllmum trash enclosures? MET __ 21) PrOVide detail for samtary connectIon at south end ofbU1ldmg to proVIde contmuous sarntary sewer servIce to properties Iymg .;;outh of thiS project SEE COMMENT # II 22) Provlde details of proposed water and sarutary connectlOns MET 22) On Sheet C-5, what does the note "Cut dnd Repalf" refer to? MET 23) What IS the clear vertical height of the first floor above the relocated sarutary Plpehne? MET .- 24) PROPOSED FIRE HYDRANT ASSEMBLIES AND FIRE LINE TO BUILDING CANNOT BE CONNECTED TO A RECLAIMED WATER PIPELINE ,.- 25) WHAT IS THE PURPOSE OF THE EXISTING 4" WATER MAIN SHOWN ON SHEET 5 _ 26) TO COMPLY WITH BEACH BY DESIGN CRITER lA, PUBLIC SIDEWALK ALONG POINSETT A SHALL BE lO-FEET WTDE WHERE POSSIBLE 27) NOTE AddltlOllal comments may be necessary based on the response,> to conditIOns All the above to be addressed pnor to COB Pnor to bUlldmg permit 1) FJeld determine Invert elcvatlOns of eXIstmg samtary hne 2) Provlde mvert elevatIOns ofpropo"ed 8-Inch samtdry hne 3) If proposed samtary hne IS less that 3-feet below fim:;,hed grade It shall bc ductl Ie lTon bnvlron men tal. No Issue" Fire No Corruncnts Development ReView Agenda - Thursday, December 2,2004 - Page 46 Harbor Md..ter No Comments Legal: No Comments Land Rc~ourcel>: 11118/04-Palm remoVdh equatP to I" only replacements dho equate to 1" only Revise pnor to Buddmg Penrut 10/22/04- Revise tree removal calculatIOns, all trees rated 2 or below do not requne replacements and all palm trees are replaced at one mch each Provide pnor to bUlldmg permit Landscapmg 1 no Issues Parks and RecreatIOn' Open Spdce and RecreatIOn lmpact fecs are due pnor to Issuance ofbUlldmg penruts or final plat (If apphcable) whichever occurs first These fees could be substantial and It IS recollll11ended that you contact Deb R1chter at 727-562-4817 to calculate the assessment Stormwater. ! Are eXlstmg pond and stormwater ~ystcm bcmg modIfied? (met) 2 Place a note on the plans for the contractor to regrade pond and clcan out eXlstmg structures If they are to remam (met) 3 Direct all runoff from the garage to the pond (note Wd'> added to plans, however more mfo will be needed for construction Pnor to any bUlldmg penruts, provIde sufficient grades, flow arrows, drams, ctc to show how the Site will dram to the pond) Solid Waste. I Enclosure not to Spc Exp!am how condo urnls Wlll dIspose of trash, how willlhey recycle, Show how eXlstmg rctat! will dispose of Sohd W d~tc and Recyclmg 12-01-04 Is the "roll-out Dumpster" on the South ~Idc a compactor 'I It IS uncledr lfnot there IS madqudte service Traffic Engineermg. Development ReView Agenda - Thursday, December 2,2004 - Page 47 Plannmg' - I Parkmg garae, _~slgn on CIvil plelnS and architectural plans do . match MET 2 All parking ~paces and drive al<;]u; 11111<;t mcet current city standards 1 e for a 90 degree parkmg stall ]t must meet mmmmm dllnenslOns of 9 ' wIde by 19' long with a 24' wide drive als]e 185' DIMENSION AS SHOWN ON THE SITE PLAN 1S ACCEPTABLE WITH THE CITY ENGINEER ] 0/28/2004 - PROVIDE DIMENSIONS FOR PARKING STALLS ON FLOORS 2-3-4 ]2/1104 - SHEET Al 1 INDICATES STALL DEPTH 17 5', BUT SHEET Al 3 SHOWS 185' TYPICAL, PLEASE CLARIFY 3 All disabled parkmg stall<; must comply with current City standards (width, accessible aisle and colunms m al~le) MET 4 Provide a detail ofthe dl<;ablcd parkmg stall and sign SEE COMMENT #2 FINE AlvlOUNT IS INCORRECT - SHOULD BE $255 5 All dlsab]ed parlang stalls must be :;.trateglcally located close to an accessIb]e entrance MET 6 A]] ]evels 0 f parkmg must meet reqUired A 0 A hCI ght clearance (8' - 2) for handicap vam MET 7 Show aceesslb]e path from park.ll1g garage to connect retail bUlldmg,condo and public sIdewalks NEED ACCESSIBLE P A TI-I FROM GARAGE TO SIDEWALK ALONG POINSETT A STREET 8 General Note Garage supports such as walls and column:. must not mtrude wltlun parkmg stall dimensiOns (Commumty Development Code SectIon 3~ 1402) ACKNOWLEDGED 9 General Note Garage supports <;ueh as walls must not Impede dnver's s1ght vIsibility when backmg out of parkmg space (Commumty Development Code Section 3-1402) ACKNOWLEDGED 10 Columns mu<;t not mtrude mto the dlsab]ed parkmg acces:;, aisle Chapter 11 F10nda BUlldmg AccessIbility Code, Section 11-463 MET 11 Demonstrate that colunm locatIOns provide adequate turnmg radlU:;' to accommodate all vclucuIar mobIlity without encroachmg mto other traffic VEHICLE PATHS NOT CONTINUOUS RIGHT TURN ONTO RAMP AT SOUTHWEST CORNER OF GARAGE DOES NOT APPEAR TO SA TTSFY THIS CONDITION 12 Show ]ocatlOn ofparkmg ticket dlspenser(s) MET 13 Show l>tackmg for 18' vemele with 2' gap between vehicles entenng the parlang garage at the tIcket dIspenser at all entrances Stackmg for a mmlmum of two vemcles at the mam entrance and one at the condorrumum entrance MET 14 Sight vlslbtlity tTlangles are not dl<;played correctly Please refer to the commumty devdopment code for correct placement Page CD330 MET 15 Remove bUlldmg structures such as walls that are wlthm the sight vlSlbllty tnangles or re-deslgn bUlldlllg wall whcre motonst's line of sight ]S not obstructed THUS MUST BE INCLUDED IN REQUEST 16 Pamt stop bar dnd the word" stop" at the bottom of ramp lOCated near the condorrumum's dnveway MET All ofthe above to be addressed pnor to COB - Traffic Impact Fee<; to be determmed and paid pTlor to C 0 PTlor to blll]dmg perrrut 1 Show hghtll1g and dramage plan Development ReVIew Agenda - Thursday, December 2,2004 - Page 48 How many pdrklT't> "pace~ are dedicated to ihe residentIal compont-. 0fthe site? State this mfonnatlon wlthm the site ddtJ. table Upddte (11-28-04) Thl5 1lem IS still not J.ddre55ed Pledse provIde the mfOn1latlOn wlthm the ~Ite data table Also exp]am the difference between reSident parkmg and resident accessible (see Sheet A I I) 2 Improve the c1anty of the location map Update (11-28-04) This LOmment IS stIli not addre~~ed 3 The site plan ~hould have a plan sheet thdt ~hows the bUlldmg and It~ ~quare footage Update (I ] -28-04) This comment IS Stl]] not addressed 4 Label dll outdoor hghtmg UpdJ.tc (11-28-04) Provide mfonnatlOn as stated wlthm the 11-19-04 transnntta] letter from applicant to C1 ty staff as J.n additIOn to Plan Note # ] 9 5 CleJ.rly show all eXlstmg and proposed acce<,5es to thl~ property Update (11-28-04) ThiS comment IS ~t1l1 not addre<;<;ed 6 Improve the mdex sheet (expand It to mc1ude parkmg leve] sheets) Update (11-28-04) ThiS comment I~ <;t1l] not addre<;sed The mdex sheet should account for J.J\ 5heets wlthm the sIte plan and architectural plans set 7 Label the locatIOn of all easements Update (11-28-04) ThiS comment I~ stIll not addre~sed The labels on sheets C-3 dnd C-4 differ, one called a 15 foot utility easement, the other a 15 foot alley Please c1anfy 8 State the FAR, eXlstmg, proposed, and reqUIred Update (11-28-04) Trus comment IS stili not addressed State the FAR hmlt as specified by the City Code 9 Address all cntena wlthm the developments over one acre sectIOn of the application form Update (I ] -28-04) ThiS comment IS sh II not addressed 10 At rooftop level (~ee roof plan drawmg), show the pool, deck, and recreatlOna] area m detail Update (1] -28-04) ThIS comment IS still not addressed Where IS the walkway to the pool? Are the roof top pavlllOns connected to the pool by a walkway? II Label the access 1<;lands at level one wltrun the garage UpdJ.te (11-28-04) Thl~ comment IS stil] not addressed 12 Label parkmg spJ.ce dImenSions (typlcals) per floor Update (11-28-04) ThiS comment IS stll] not addressed Parlong space Width needs to be ]abeled Ifparlong space dimenSIOn typlcals are for all parklllg levels, state a<; a plan note on ~heet Al 3 13 Label and show all pedestnan ways wlthm the garage (each level) Update (11-28-04) Tills comment IS st1l1 not addressed 14 Clear]y show all RIghts of Way wItrun and adjacent to the Site 15 The proJ eet as subnntted makes It dlfficu]t to deterrnme If It IS consl stent With Beach by DeSign Update (11-28-04) ThiS comment IS st1l] not addressed ProVide a summary as to how the project deSign IS consistent With Beach by DeSign ] 6 The eo]or rendenng does not show details for the mJ.m entrance/dnveway Update (11-28-04) PrOVIde 15 caples of the color elevation A color e]evatlOn was not submitted With the revised matenals post the 11-12-04 DRC 17 The garage floor plans need to show mancuvenng space (typlca]s by floor) With dimensIOnal arrows, labeled m lmear feet Update (11-28-04) ThIS comment I~ stIll not addressed Only level three <;hows thiS detml 18 The eXlstmg elevator, per what IS propo~ed or shown on the floor plans, does not access the thIrd and fourth garage ]evels Update (11-28-04) 'I hl<; comment IS ~tlll not addressed Consider Improvlllg floor access for the eXIstmg elevator 19 Site P]dn Sheet C-4 mdlcates 74 parking spaces on the Ground Leve] There appear to be 72 spaces shown for thl<; ]evel on the <'Ite plan drawmg (same sheet) Plcase check thl~ 20 Sce Beach by DeSign, Design GUldelmc~, B Height, Item number 3 , J.ddress the floorplate hnnt 21 See BeJ.ch by DeSign, DeSign GUldelmes, C DeSign, Scale and Mass of BUl]dmg~, ltem number 2, address the unmterrupted bUl]dmg plane hmlt for the west and cast e]evatlOn~ and adjust the deSign 22 See Beach by DeSign, De51gn GUldchnes, C DeSign, Scale J.nd Mass of BUlldmgs, Item number 3 , address the wmdows or arc111te(,tUla] decorJ.tlOns minimum for thc north and south elevations and adJu~t the deSign 23 See Beach by DeSIgn, DeSIgn GUldehncs, C DeSign, Scale and Mass of Bmldmgs, Item numbcr 4, show, by a drawmg, how the 60 percent of maxImum hmldmg envelopc I1mlt on occupancy by a bUlldmg IS met 24 See Beach by De~]gn, DeSign GUIdelines, D Setbacks, Itcm number 1 , con~lder a ] 0 foot WIde SIdewalk along POInsettIa Stl eet, With the exccptIon to thc stop bilr and VISibility tnangle areas 25 See Plan Shlcet P5 Label the featurc that IS to the rIght or north of the garage entrance and column Development ReVieW Agenda - Thursday, December 2,2004 - Page 49 Other No Comments NO'les, ThIs apphcatlOn If:, msuffiCIent to be sGhcduled for reVlew by the COB Development RevIew Agenda - Thursday, December 2, 2004 - Page 50 '~1"'P:-""-I~ -.. 1)';.,(11 .~"""''':;: f ~~' ~.' ... ).\"b, ~\lj, ' . Q~~ ~~ ~ t#' llI; ~ .. hiQ'!,).\"=:="l - ~~ ;-~~ ~. \..~ -==- ~~c '~~T~i:\.~~' Englneennlf C"d'fi~tlon Don Melone 1 0/28/2004 1 ) The architectural d rawlllgs and cIvil drawings do not match 2) The architectural drawlllgs, Sheet A1 1, shows 362 parking spaces provided and the cIvil plans show 359 3) The architectural plans show two gated Illgress/egress drive aisles while the cIvil plans only show the most northerly Ingress/egress havIng a control gate 4) The architectural drawing show sidewalks leading from stair tower to curb, while the cIvil show sidewalk being extended to back-of~sldewalk Design should not encourage mid-block crosslllgs due to safety reasons 5) The architectural plans show columns belllg constructed within drive aisles and parklllg spaces 6) Where do service and delivery vehicles park? 7) Show how the residents access the roof top pool and all related functions around the pool 8) Exhibit "Cn (10)(8) states the floor plates above 42 ft are 28,200 sq ft which does not meet design cntena 9) Exhibit "Cn (10)(D) states that setbacks along local streets should be 12 ft and the proposed structure IS only 5 ft from the right-of-way of POlllseUla Street 10) The architectural plans Sheet P 1 shows the waterside balcony extending approximately 36 ft beyond the extenor wall wh lie a dimensional note for the watersIde balcony IS 10' x 30' 11) Need to venfy where the eXisting 6" clay pipe runs through the south end of the property It serves 12) Need to show to where the eXisting grease traps are being relocated 13) The eXisting gas meters may need to be relocated at the applicant's expense 14) The eXIsting backflow devlce(s) will have to be relocated outside bUlldlllg envelope and stay within the boundanes of this property ownership 15) The proposed stop Signs appear to be behind walls of the parking garage 16) Need to Install the F DC on pnvate property and meet Fire Department's requirements 17) Need to provide enough fire hydrant assemblies along all nghts-of~way to meet FIre Department's reqUirements 18) The eXisting fire hydrant assembly south of structure IS shown on the west side of POlllsettla Street while the city's atlas shows It on the east side EngIneer to venfy location and show the distance from the property 19) The cIvil plans show a 25 ft +/~ dumpster staging area/access ramp/parklng spaces Need to create a much smaller staging area like the architectural drawings show 20) How do the empty dumpsters rotate In and out of condominium trash enclosures? 21) Provide detail for sanitary connection at south end of bUilding to provide contllluous sanitary sewer servIce to properties lYing south of this project 22) Provide details of proposed water and sanitary connections 22) On Sheet C-5, what does the note "Cut and Repair" refer to? 23) What IS the clear vertical height of the first floor above the relocated sanitary pipeline? 24) NOTE Additional comments may be necessary based on the responses to conditions All the above to be addressed prior to CDS Conditions Associated With FLD2004-09072 483 MANDAlAY AVE ~fA t/:15 - ( __ 0"( (1// 562-4798 Not Met Pnor to bUilding permit 1) Field determme Invert elevations of eXisting sanitary line 2) PrOVide Invert elevations of proposed 8-lnch sanitary line 3) If proposed sanitary line IS less that 3-feet below finished grade It shall be ductile Iron Environmental Condition 10/26/2004 No Issues Heather Faessler 562-4897 Not Met Fire ConditIon Joe Colbert 562-4567 xt 3548 11/23/2004 Show FDC at least 15 feet from the bUlldmg and within 40 feet of a Fire Hydrant dedicated to the Fire Sprinkler System PRIOR TO CDS 11/23/04 J C Condition met by revIsed plans received 11/18/04 Met CaseCondltons Print Date 12/01/2004 Page 1 of 5 Fire CondItion 11/23/2004 11/23/2004 landscape 11/23/2004 11/23/2004 FLD2004-09072 483 MANDAlAY AVE Joe Colbert 562-4567 xt 3548 Where underground water mains and hydrants are to be IOstalled, they shall be Installed, Met completed, and 10 service prior to construction as per NFPA 241 Please acknowledge PRIOR TO CDB 11/23/04 J _ C Condition met by note on revised plans receIVed 11118/04 This DRC Review by Fire IS not an approval or review of any construction plans or documents Met other than site work PLEASE ACKNOWLEDGE 11/23/04 J_ C Condition met by narrative received 11/18/04 Arden Dittmer 562-4604 10/27/2004 (A_D) Met Prior to Development Order, 1 Change plant matenals below the palms to Dwarf Oleander, between them change the plants to Podocarpus which will grow taller, and limit the "IV" to the areas adjacent to the doorways and entrances 2 Darken the palms which are to remain, It IS unclear as to where they are and If they conflict WIth proposed 3 Several palms appear to be rated well, located away from construction and are shown as X'd out 4 There IS a Single palm shown on the plan which IS not 10 the list and not keyed on the plan 5 Venfy the count on all plant material, and submit a revised plan sheet for revIew no Issues Not Met 10/22/2004 land Resource Condition Rick Albee 562-4741 11/18/04-Palm removals equate to 1" only, replacements also equate to 1" only ReVise pnor to Not Met BUlldlOg Permit 1 0/22/04-Revlse tree removal calculations, all trees rated 2 or below do not require replacements and all palm trees are replaced at one lOch each ProVIde prior to bUilding permit Parks & Recs Condition Open Space and Recreation Impact fees are due pnor to Issuance of bUilding permits or final plat Not Met (If applicable) whIchever occurs first These fees could be substantial and It IS recommended that you contact Deb Richter at 727-562-4817 to calculate the assessment 10/19/2004 Storm Water Condition Brian Barker 562-4779 1 Are eXisting pond and stormwater system being modifIed? (met) Not Met 2 Place a note on the plans for the contractor to regrade pond and clean out eXIsting structures If they are to remain (met) 3 Direct all runoff from the garage to the pond (note was added to plans, however more IOfo will be needed for construction Prior to any bUilding permits, provide sufficient grades, flow arrows, drains, etc to show how the site will drain to the pond) Initials MISSing 100tlals MISSing Solid Waste Service 12/01/2004 Not Met Enclosure not to Spc ExplalO how condo UOltS will dispose of trash, how will they recycle, Show how eXisting retail wIll dispose of Solid Waste and Recycling 12-01-04 Is the "roll-out Dumpster" on the South side a compactor? It IS unclear If not there IS Inadquate servIce TraffiC Eng Condition Bennett Elba 562-4775 10/27/2004 1 Parking garage deSign on CIVil plans and architectural plans do not match MET 2 All parking spaces and drive aisles must meet current city standards I e for a 90 degree parklOg CaseCondltons Not Met Pnnt Date 12/01/2004 Page 2 of 5 FLD2004-09072 483 MANDALAY AVE Traffic Eng Condition Bennett Elbo 562-4775 stall It must meet minimum dimensions of 9' wide by 19' long with a 24' wide dnve aisle 185' DIMENSION AS SHOWN ON THE SITE PLAN IS ACCEPTABLE WITH THE CITY ENGINEER 10/28/2004 - PROVIDE DIMENSIONS FOR PARKING STALLS ON FLOORS 2-3-4 12/1104 ~ SHEET A1 1 INDICATES STALL DEPTH 17 5', BUT SHEET A1 3 SHOWS 18 S' TYPICAL, PLEASE CLARIFY 3 All disabled parking stalls must comply wIth current cIty standards (width, accessible aisle and columns In aisle) MET 4 Provide a detaIl of the dIsabled parking stall and Sign SEE COMMENT #2 FINE AMOUNT IS INCORRECT - SHOULD BE $255 5 All disabled parking stalls must be strategIcally located close to an accessible entrance MET 6 All levels of parking must meet requIred A 0 A height clearance (8' - 2) for handicap vans MET 7 Show accessible path from parking garage to connect retail bUlldmg,condo and public sidewalks NEED ACCESSIBLE PATH FROM GARAGE TO SIDEWALK ALONG POINSETTA STREET 8 General Note Garage supports such as walls and columns must not Intrude within parking stall dImenSIons (CommunIty Development Code Section 3-1402) ACKNOWLEDGED 9 General Note Garage supports such as walls must not Impede dnver's sight vIsibility when backing out of parkmg space (Community Development Code Section 3-1402) ACKNOWLEDGED 10 Columns must not Intrude Into the disabled parking access aisle Chapter 11 Flonda BUildIng Accessibility Code, Section 11-463 MET 11 Demonstrate that column locations provide adequate turning radius to accommodate all vehicular mobility wIthout encroachIng Into other traffic VEHICLE PATHS NOT CONTINUOUS RIGHT TURN ONTO RAMP AT SOUTHWEST CORNER OF GARAGE DOES NOT APPEAR TO SATISFY THIS CONDITION 12 Show location of parking ticket dlspenser(s) MET 13 Show stacking for 18' vehicle with 2' gap between vehIcles entenng the parking garage at the tIcket dispenser at all entrances Stacking for a minimum of two vehicles at the main entrance and one at the condominium entrance MET 14 Sight vIsibility triangles are not dIsplayed correctly Please refer to the community development code for correct placement Page CD330 MET 15 Remove bUilding structures such as walls that are within the sight vlslbllty tnangles or re-deslgn bUilding wall where motorist's line of sight IS not obstructed THUS MUST BE INCLUDED IN REQUEST 16 Paint stop bar and the word "stop" at the bottom of ramp located near the condominium's driveway MET All of the above to be addressed prior to CDB Traffic Impact Fees to be determined and paid prior to CO Prior to bUilding permit 1 Show lighting and drainage plan Zoning Condition Mike Reynolds 562-4836 10/26/2004 Correct the discrepancy between the architect's plans and the CNII site plan regarding bUlldmg height 10/26/2004 How many parkmg spaces are dedicated to the residential component of the site? State th IS Information with In the site data table Update (11-28-04) Th IS Item IS stili not addressed Please provide the Information within the site data table Also explain the difference between resident parkmg and resident accessible (see Sheet A 1 1) 10/26/2004 ProvIde north and south bUilding elevations Met Not Met Met Pnnt Date 12/01/2004 CaseCondllons Page 3 of 5 FLD2004-09072 483 MANDALAY AVE Zomng ConditIon Mike Reynolds 562-4836 10/26/2004 BUilding height should be stated from BFE to roof mIdpoint Update (11-28-04) condition met, but Met state the height by decimal, Ie 8475 feet 1 0/26/2004 1m prove the clanty of the location map Update (11-28-04) This com ment IS stili not addressed Not Met 10/26/2004 The site plan should have a plan sheet that shows the bUilding and ItS square footage Update Not Met (11-28-04) This comment IS stili not addressed 10/26/2004 Label all outdoor lighting Update (11-28-04) Provide information as stated within the 11.1 9-04 Not Met transmittal letter from applicant to City staff as an addition to Plan Note # 19 10/26/2004 Clearly show all eXisting and proposed accesses to th IS property Update (11-28-04) Th IS Not Met comment IS stili not addressed 10/26/2004 Improve the Index sheet (expand It to Include parking level sheets) Update (11-28-04) ThiS Not Met comment IS stili not addressed The Index sheet should account for all sheets Within the site plan and architectural plans set 10/26/2004 Correct the site data table Information on lot sIze and bUilding height (clanfy what deck means) Met 10/26/2004 Label the location of all easements Update (11-28-04) Th IS com ment IS stili not add ressed The Not Met labels on sheets C-3 and C4 dIffer, one called a 15 foot utility easement, the other a 15 foot alley Please clanfy 1 0/26/2004 The site plan set needs to show and ItemIze the parking spaces per floor of the parking garage Met The fourth level sheet needs to show which IS public versus pnvate (residential) parking Update (11-28-04) Provide thiS Information Within the site data table, as well 10/26/2004 State the FAR, eXisting, proposed, and required Update (11-28-04) ThiS comment IS stili not Not Met addressed State the FAR limIt as specified by the City Code 10/26/2004 Address all cntena Within the developm ents over one acre section of the application form Update Not Met (11-28-04) Th IS comment IS stili not addressed 10/26/2004 At rooftop level (see roof plan draWing), show the pool, deck, and recreational area In detail Not Met Update (11-28-04) ThiS comm ent IS stl II not add ressed Where IS the wal kway to the pool? Are the roof top pavIlions connected to the pool by a walkway? 10/26/2004 Label the access Islands at level one Within the garage Update (11-28-04) ThiS comment IS stili Not Met not addressed 10/26/2004 Label parking space dimensions (typlcals) per floor Update (11-28-04) ThiS com ment IS stili not Not Met addressed ParkIng space Width needs to be labeled If parking space dimenSion typlcals are for all parking levels, state as a plan note on sheet A 1 3 10/26/2004 Correct the discrepancy In total number of parking spaces Site Plan states total to be 359 Met parking spaces, and the architect's plans state 362 spaces Update (11.28-04) Both plan sets now show same totals of 356 parkmg spaces 10/26/2004 Label and show all pedestnan ways Within the garage (each level) Update (11-28-04) ThiS Not Met comment IS stili not addressed 10/26/2004 Clearly show all R!ghts of Way Within and adjacent to the sIte Not Met 10/26/2004 PrOVide a color landscape plan Met 10/26/2004 BUilding elevations need to Include dlmemSlonal arrows to Indicate heIght from BFE to roof Met midpOint and to roof towers The eXisting submittal shows roof height to the eaves 10/2712004 The project as submItted makes It difficult to determme If It IS consistent With Beach by DeSign Not Met Update (11-28-04) ThiS comment IS stili not addressed PrOVide a summary as to how the project deSign IS consistent With Beach by DeSign Print Date 12/01/2004 CaseCondltons Page 4 of 5 FLD2004-09072 483 MANDALAY AVE Zoning Condition MIke Reynolds 1 0/27/2004 The bu Ildmg elevations are not consistent with the color ren den ng 10/27/2004 10/27/2004 10/27/2004 10/27/2004 10/27/2004 12/01/2004 12/01/2004 12/01/2004 12/01/2004 12101/2004 12/01/2004 12/01/2004 562-4836 Met The bUilding elevations need to clearly mdlcate, by labels, a description of the proposed bUlldmg Met materials Label any faux wIndows and any other design features The color rendenng does not show details for the main entrance/driveway Update (11-28-04) Not Met Provide 15 copIes of the color elevation A color elevation was not subm Itted wIth the revised matenals post the 11-12-04 DRC The garage floor plans need to show maneuvering space (typlcals by floor) with dimensional Not Met arrows, labeled In "near feet Update (11-28-04) Th IS com ment IS stili not addressed Only level three shows thiS detail The eXisting elevator, per what IS proposed or shown on the floor plans, does not access the third Not Met and fourth garage levels Update (11-28-04) ThiS comment IS stili not addressed Consider Improving floor access for the eXisting elevator See Plan Sheet A1 4 Correct the parking total shown as 61 spaces (should be 60 spaces) Met Update (11-28-04) The total IS now ItemIzed on Sheet A1 1 Site Plan Sheet C-4 indicates 74 parking spaces on the Ground Level There appear to be 72 Not Met spaces shown for thiS level on the site plan drawing (same sheet) Please check thiS See Beach by Design, Design GUidelines, B Height, Item number 3, address the f100rplate limit Not Met See Beach by Design, Design GUidelines, C Design, Scale and Mass of BUildings, Item number Not Met 2 , address the uninterrupted bUilding plane limit for the west and east elevations and adjust the design See Beach by Design, Design GUidelines, C Design, Scale and Mass of BUlldmgs, Item number Not Met 3 , address the windows or architectural decorations minimum for the north and south elevations and adjust the design See Beach by Design, DesIgn GUidelines, C Design, Scale and Mass of BUildings, Item number Not Met 4, show, by a drawing, how the 60 percent of maximum bUilding envelope limIt on occupancy by a bUlldmg IS met See Beach by DesIgn, DesIgn GUidelines, D Setbacks, Item number 1 , consider a 10 foot wide Not Met sidewalk along POinsettia Street, with the exceptIon to the stop bar and vIsibility tnangle areas See Plan Sheet P5 Label the feature that IS to the right or north of the garage entrance and Not Met column CaseCondltons Print Date 12/01/2004 Page 5 of 5 Page 1 of 1 Reynolds, Mike Co/lf From Sent To Subject Bruch, Tracey Tuesday, November 30,2004856 AM QUIllen, Michael, Rice, Scott, Reynolds, Mike FW fyl n---Onglnal Message---n From: Jim Ebert [mallto']ebert@tlmhaahs,com] Sent: Tuesday, November 30,20047'32 AM To: Bruch, Tracey Subject: Good morning Tracey I receIved CIvil dwgs From Keith Zayak & Assoc And have a few comments ObvIously It IS hard to review without the Arch Dwgs Though 1 It appears the garage IS set tight to the bUildings on the west and columns are In the sewer easement - In fact the 2nd line of cols Are nght on the sewer If It remains 2 Some entry/exlt details stili show Impossible turns that I commented on to WPS a couple of months ago 3 I couldn't make out all the sidewalk slopes but there needs to be a 5' x 5' are outside any accessible bUIlding eXit that IS no greater than a 1 48 slope 4 I did not look at the landscaping to see If /t conforms to your Beach Design standards I really need to see the Arch and Struct Dwgs MEP too Let me know what's up Best- Please VISit our new webslte wwwtlmhaahs com E, James Ebert, P,E Executive VIce PresIdent Timothy Haahs & AsSOCiates, Inc 550 Township Lme Road, SUite 100 Slue Bell, Pennsylvania 19422 t 484-342-0200 ext 104 f 484-342-0222 jebert@tlmhaahs com 11/3012004 10/28/2004 Conditions Associated With FLD2004-09072 483 MANDALAY AV,E Don Melone 562-4798 1) The architectural drawings and cIvil drawings do not match Not Met 2) The archltectu ral drawmgs, Sh eet A 1 1, shows 362 parking spaces provided and the cIvil plans show 359 3) The architectural plans show two gated Ingress/egress drive aisles while the cIvil plans only show the most northerly Ingress/egress having a control gate 4) The architectural drawing show sidewalks leading from stair tower to curb, while the CIVil show sidewalk being extended to back.of.sldewalk Design should not encourage mld.bfock crossings due to safety reasons 5) The architectural plans show columns berng constructed Within dnve aisles and parking spaces 6) Where do service and dehvery vehIcles park? 7) Show how the reSidents access the roof top pool and all related functions around the pool 8) Exhibit "C" (10)(8) states the floor plates above 42 ft are 28,200 sq ft which does not meet design criteria 9) Exhibit "C" (10)(0) states that setbacks along local streets should be 12 ft and the proposed structure IS only 5 ft from the nght-of-way of POinsettIa Street 10) The architectural plans Sheet P 1 shows the waterside balcony extending approximately 36 ft beyond the extenor wall while a dimensional note for the waterside balcony IS 10' x 30' 11) Need to verify where the eXlstmg 6" clay pipe runs through the south end of the property It serves 12) Need to show to where the eXisting grease traps are being relocated 13) The eXisting gas meters may need to be relocated at the applicant's expense 14) The eXisting backflow devlce(s) will have to be relocated outside bUIlding envelope and stay WIthin the boundanes of thiS property ownership 15) The proposed stop signs appear to be behind walls of the parking garage 16) Need to Install the F D C on pnvate property and meet Fire Department's requirements 17) Need to provIde enough fire hydrant assemblies along all rights-of-way to meet Fire Department's requirements 18) The eXlstmg fire hydrant assembly south of structure IS shown on the west side of POinsettia Street whIle the CIty'S atlas shows It on the east sIde Engmeer to venfy location and show the distance from the property 19) The CIVil plans show a 25 ft +/- dumpster stagmg area/access ramp/parking spaces Need to create a much smaller staging area like the architectural drawings show 20) How do the empty dumpsters rotate In and out of condommlum trash enclosures? 21) Provide detail for sanitary connection at south end of bUIlding to provide continuous sanitary sewer service to properties lYing south of thiS project 22) ProVide detaIls of proposed water and sanitary connections 22) On Sheet C-5, what does the note "Cut and Repair" refer to? 23) What IS the clear vertical heIght of the first floor above the relocated sanitary pipeline? 24) NOTE AdditIonal comments may be necessary based on the responses to conditIons All the above to be addressed pnor to COB Prior to bUIlding permit 1) FIeld determine Invert elevations of eXisting sanitary line 2) Provide Invert elevations of proposed 8.lnch sanItary line 3) If proposed sanitary line IS less that 3-feet below finished grade It shall be ductile Iron 10/26/2004 Environmental Condition Not Met Heather Faessler 562-4897 No Issues land Resource CondItion Rick Albee 5624741 CaseCondltons Pont Date 11/28/2004 Page 1 of 4 FLD2004-09072 483 MANDAlAY AVE land Resource Condition Rick Albee 562-4741 1 0/22/2004 11/18/04-Palm removals equate to 1" only, replacements also equate to 1" only Revise prior to Not Met BUilding Permit 1 O/22/04-Revlse tree removal calculations, all trees rated 2 or below do not require replacements and all palm trees are replaced at one mch each Provide prior to bUlldmg permit Parks & Recs Condition Open Space and Recreation Impact fees are due prior to Issuance of bUilding permits or fmal plat Not Met (If applicable) whichever occurs first These fees could be substantIal and It IS recommended that you contact Deb Richter at 727-562-4817 to calculate the assessment Storm Water ConditIOn Brian Barker 562-4779 10/19/2004 1 Are eXlstmg pond and stormwater system bemg modified? (met) Not Met 2 Place a note on the plans for the contractor to regrade pond and clean out eXisting structures If they are to remain (met) 3 DIrect all runoff from the garage to the pond (note was added to plans, however more mfo will be needed for construction Prior to any bUilding permits, provide sufficient grades, flow arrows, drams, etc to show how the site will drain to the pond) Solid Waste Service Initials Mlssmg Imtlals Mlssmg Not Met Enclosure not to Spc Explam how condo unIts will dispose of trash, how will they recycle, Show how eXlstmg retaIl wIll dispose of Solid Waste and Recycling Traffic Eng CondItion Bennett Elbo 562-4775 10/27/2004 1 Parking garage desIgn on cIvil plans and architectural plans do not match Not Met 2 All parking spaces and dnve aisles must meet current city standards I e for a 90 degree parkmg staUlt must meet m Inlmu m dim enslons of 9 ' wide by 19' long with a 24' wide drive aisle MET- 18 5' DIMENSION AS SHOWN ON THE SITE PLAN IS ACCEPTABLE WITH THE CITY ENGINEER 10/28/2004 - PROVIDE DIMENSIONS FOR PARKING STALLS ON FLOORS 2~3-4 3 All disabled parking stalls must comply with current city standards (width, accessible aisle and columns In aisle) 4 Provide a detail of the disabled parking stall and sIgn 5 All disabled parking stalls must be strategically located close to an accessible entrance 6 All levels of parking must meet reqUired A D A height clearance (8' - 2) for handicap vans 7 Show acceSSible path from parking garage to connect retaIl bUlldlng,condo and public sidewalks 8 General Note Garage supports such as walls and columns must not Intrude within parking stall dimenSions (Commumty Development Code Section 3-1402) 9 General Note Garage supports such as walls must not Impede driver's sight vIsibility when backing out of parking space (Community Development Code Section 3~1402) 10 Columns must not Intrude Into the disabled parkmg access aIsle Chapter 11 FlOrida BUilding Accessibility Code , Section 11-4 6 3 11 Demonstrate that column locations provide adequate turning radius to accommodate all vehicular mobility without encroaching mto other traffic 12 Show location of parking ticket dlspenser(s) 13 Show stacking for 18' vehicle with 2' gap between veh Ides entering the parkmg garage at the ticket dispenser at all entrances Stacking for a minimum of two vehicles at the mam entrance and one at the condominium entrance 14 SIght VISlblhty triangles are not displayed correctly Please refer to the commumty development code for correct placement Page CD330 15 Remove bUlldmg structures such as walls that are within the sight vlslbllty triangles or re-deslgn bUilding wall where motorist's line of sight IS not obstructed 16 Paint stop bar and the word "stop" at the bottom of ramp located near the condomlmum's Print Date 11/28/2004 CaseCondltons Page 2 of 4 FLD2004-09072 483 MANDALAY AVE Traffic Eng Condition Bennett Elbo drIVeway All of the above to be addressed prior to COB 562-4775 Traffic Impact Fees to be determined and paid prior to CO Prior to bUlldmg permit 1 Show lighting and drainage plan Zoning Condition MIke Reynolds 562.4836 10/26/2004 How many parKing spaces are dedicated to the residential component of the site? State th IS mform atJon wlthm the site data table Update (11-28-04) Th IS Item IS stili not addressed Please provide the Information within the site data table Also explain the difference between resident parking and resident accessIble (see Sheet Ai 1) 10/26/2004 Improve the clarity of the location map Update (11-28-04) ThiS comment IS stili not addressed Not Met Not Met 10/26/2004 The site plan should have a plan sheet that shows the building and ItS square footage Update Not Met (11-28-04) ThiS comment IS still not addressed 10/26/2004 Label all outdoor lighting Update (11-28-04) Provide Information as stated with In the 11-19-04 Not Met transmittal letter from applicant to City staff as an addition to Plan Note # 19 10/26/2004 Clearly show all eXisting and proposed accesses to th IS property Update (11-28-04) ThiS Not Met comment IS stili not addressed 10/26/2004 I m prove the Index sheet (expand It to Incl ude parking level sheets) Update (11-28-04) Th IS Not Met comment IS stili not addressed The Index sheet should account for all sheets within the site plan and architectural plans set 10/26/2004 Label the location of all easements Update (11.28-04) ThiS comment IS stili not addressed The Not Met labels on sheets C-3 and C-4 differ, one called a 15 foot utility easement, the other a 15 foot alley Please c1anfy 10/26/2004 State the FAR, eXisting, proposed, and requ Ired Update (11-28-04) ThIS com ment IS stili not Not Met addressed State the FAR limit as specified by the City Code 10/26/2004 Address all criteria with In the developments over one acre section of the application form Update Not Met (11-28-04) ThiS comment IS stili not addressed 10/26/2004 At rooftop level (see roof plan drawmg), show the pool, deck, and recreational area In detail Not Met Update (11-28-04) ThiS comment IS stili not addressed Where IS the walkway to the pool? Are the roof top pavIlions connected to the pool by a walkway? 10/26/2004 Label the access Islands at level one wIthIn the garage Update (11-28-04) ThiS comment IS stili Not Met not addressed 10/26/2004 Label parking space dimenSIons (typlcals) per floor Update (11-28-04) ThiS comment IS stili not Not Met addressed Parking space Width needs to be labeled If parking space dImenSion typlcals are for all parking levels, state as a plan note on sheet Ai 3 1 0/26/2004 Label and show all pedestnan ways with In the garage (each level) Update (11-28-04) ThiS Not Met comment IS stIli not addressed 10/26/2004 Clearly show all Rights of Way within and adjacent to the site Not Met 10/27/2004 The project as submItted makes It difficult to determine If It IS consistent with Beach by DeSign Not Met Update (11-28-04) ThiS comment IS stili not addressed Provide a summary as to how the project deSign IS conSistent with Beach by DeSign Pnnt Date 11/28/2004 CaseCondltons Page 3 of 4 FLD2004-09072 483 MANDALAY AVE Zoning Condition Mike Reynolds 562-4836 10/27/2004 The color rendenng does not show details for the main entrance/dnveway Update (11~28-04) Provide 15 caples of the color elevation A color elevation was not submitted with the revised matenals post the 11-12-04 DRC 10/27/2004 The garage floor plans need to show maneuvenng space (tYPlcals by floor) with dimensional arrows, labeled In linear feet Update (11-28-04) ThIs comment IS stili not addressed Only level three shows this detail Not Met Not Met 10/27/2004 The eXisting elevator, per what IS proposed or shown on the floor plans, does not access the thIrd Not Met and fourth garage levels Update (11-28-04) This comment IS stili not addressed Consider Improving floor access for the eXlstmg elevator Print Date 11/28/2004 CaseCondltons Page 4 of 4 ~'ff',.r-.Ir.l-'-i t't:., ,,"=>...., l 'b! ", ,0,: <I - ~ ~J\ ~~ ~~~ -'= g~ ':.~. ~\ '':: - Z~I, ~SfAS:E"'~' ~~Wb '"""iJ;" I'tl~/ Engineering CU cltlon Don Melone 10/28/2004 1 ) The arch Itectu ral drawings and cIvil drawln gs do not match 2) The arch Itectu ral drawings, Sheet A 1 1, shows 362 parking spaces provided and the cIvIl plans show 359 3) The architectural plans show two gated Ingress/egress dnve aisles while the cIvil plans only show the most northerly Ingress/egress having a control gate 4) The architectural drawing show sidewalks leading from stair tower to curb, while the CIVil show sidewalk being extended to back-of-sldewalk Design should not encourage mid-block crossings due to safety reasons 5) The architectural plans show columns bemg constructed wlthm drive aisles and parkmg spaces 6) Where do service and delivery vehicles park? 7) Show how the reSidents access the roof top pool and all related functJons around the pool 8) Exhibit "C" (10)(8) states the floor plates above 42 ft are 28,200 sq ft which does not meet design cntena 9) Exhibit "C" (10){D) states that setbacks along local streets should be 12 ft and the proposed structure IS only 5 ft from the nght-of-way of POinsettia Street 10) The architectural plans Sheet P 1 shows the waterside balcony extending approximately 36 ft beyond the exterior wall while a dimensional note for the watersIde balcony IS 1 0' X 30' 11 ) Need to verify where the eXlstmg 6" clay pipe runs through the south end of the property It serves 12) Need to show to where the eXisting grease traps are being relocated 13) The eXisting gas meters may need to be relocated at the applicant's expense 14) The eXisting backflow devlce(s) Will have to be relocated outside bUilding envelope and stay within the boundanes of thiS property ownership 15) The proposed stop sIgns appear to be behind walls of the parkmg garage 16) Need to mstall the F D C on private property and meet Fire Department's reqUirements 17) Need to prOVIde enough fire hydrant assemblies along all nghts-of-way to meet Fire Department's requirements 18) The eXisting fire hydrant assembly south of structure IS shown on the west Side of POinsettIa Street while the City'S atlas shows It on the east Side Engineer to verify location and show the distance from the property 19) The CIVil plans show a 25 ft +/- dumpster staging area/access ramp/parkrng spaces Need to create a much smaller staglllg area like the architectural draWings show 20) How do the empty dumpsters rotate In and out of condomllllum trash enclosures? 21) PrOVide detail for sanitary connection at south end of bUlldmg to prOVide contrnuous sanitary sewer service to properties lYing south of thiS project 22) PrOVide detaIls of proposed water and sanitary connections 22) On Sheet C-5, what does the note "Cut and Repair" refer to? 23) What IS the clear vertical height of the first floor above the relocated sanitary pipeline? 24) NOTE Additional comments may be necessary based on the responses to conditions All the above to be addressed pnor to CD8 Conditions Associated With FLD2004-09072 483 MANDAlAY AVE 562-4798 Not Met Prior to bUlldrng permit 1) Field determine Invert elevations of eXisting sanitary line 2) PrOVide Invert elevations of proposed 8-lnch sanitary line 3) If proposed samtary line IS less that 3-feet below finlshed grade It shall be ductile Iron EnVironmental Condition 1 0/26/2004 No Issues Heather Faessler 562-4897 Not Met Fire Condition Joe Colbert 562-4567 xt 3548 11/23/2004 Show FDC at least 15 feet from the bUIlding and within 40 feet of a Fire Hydrant dedicated to the Fire Sprinkler System PRIOR TO COB 11/23/04 J_C Condition met by revised plans received 11/18/04 Print Date 11/28/2004 Met CaseCondltons Page 1 of 5 Fire Condition 11/23/2004 11/23/2004 Landscape 11/23/2004 FLD2004-09072 483 MANDALAY AVE Joe Colbert 562-4567 xl 3548 Where underground water mains and hydrants are to be Installed, they shall be Installed, completed, and In service prior to construction as per NFPA 241 Please acknowledge PRIOR TO CDS 11/23/04 J_C Condition met by note on revIsed plans received 11/18/04 ThIs DRC Review by FIre IS not an approval or review of any construction plans or documents other than site work PLEASE ACKNOWLEDGE 11/23/04 J_C Condition met by narrative received 11/18/04 Arden Dittmer 562-4604 10/27/2004 (A_D) Prior to Development Order, 1 Change plant materials below the palms to Dwarf Oleander, between them change the plants to Podocarpus whIch Will grow taller, and limit the "IV" to the areas adjacent to the doorways and entrances 2 Darken the palms which are to remain, It IS unclear as to where they are and If they conflict With proposed 3 Several palms appear to be rated well, located away from constructIon and are shown as X'd out 4 There IS a Single palm shown on the plan which IS not In the list and not keyed on the plan 5 Verify the count on all plant material, and submit a revised plan sheet for review Rick Albee 10/22/2004 Land Resource Condition 562-4741 Met Met Met 11/1B/04-Palm removals equate to 1" only, replacements also equate to 1" only Revise pnor to Not Met BUlldlOg PermIt 10/22/04-Revlse tree removal calculations, all trees rated 2 or below do not reqUIre replacements and all palm trees are replaced at one Inch each PrOVide pnor to bUilding permit 10/19/2004 Storm Water Condition 562-4779 Bnan Barker Parks & Recs Condition Open Space and RecreatIon Impact fees are due prior to Issuance of bUilding permits or final plat Not Met (If applicable) whichever occurs first These fees could be substantial and It IS recommended that you contact Deb RIchter at 727-562-4817 to calculate the assessment 1 Are eXisting pond and stormwater system being modified? (met) Not Met 2 Place a note on the plans for the contractor to regrade pond and clean out eXisting structures If they are to remain (met) 3 DIrect all runoff from the garage to the pond (note was added to plans, however more Info Will be needed for construcllon Pnor to any bUilding permits, prOVide suffiCient grades, flow arrows, drains, etc to show how the site Will drain to the pond) Solid Waste Service ~ Imtlals MIssing Initials MIssing Enclosure not to Spc Explain how condo units Will dispose of trash, how Will they recycle, Show how eXisting retail Will dispose of Solid Waste and Recycling Not Met TraffiC Eng Condition Bennett Elbo 562-4775 10/27/2004 1 Parking garage design on CIVIl plans and architectural plans do not match Not Met 2 All parking spaces and dnve aisles must meet current City standards I e for a 90 degree parking stall It must meet minimum dimenSIons of 9' Wide by 19' long With a 24' Wide drive aisle MET- 185' DIMENSION AS SHOWN ON THE SITE PLAN IS ACCEPTABLE WITH THE CITY ENGINEER 10/28/2004 - PROVIDE DIMENSIONS FOR PARKING STALLS ON FLOORS 2-3-4 3 All disabled parking stalls must comply With current city standards (Width, accessible aisle and CaseCondllons Pnnt Date 11/28/2004 Page 2 of 5 FLD2004~09072 483 MANDALAY AVE Traffic Eng Condition Bennett Elba 562-4775 columns In aIsle) 4 Provide a detail of the disabled parking stall and sign 5 All disabled parking stalls must be strategically located close to an accessible entrance 6 All levels of parking must meet reqUIred A D A height clearance (8' - 2) for handicap vans 7 Show accessible path from parking garage to connect retail bUlldlng,condo and public sIdewalks 8 General Note Garage supports such as walls and columns must not Intrude within parking stall dimensions (Community Development Code SectIon 3-1402) 9 General Note Garage supports such as walls must not Impede driver's sight vIsIbIlity when backing out of parking space (Community Development Code Section 3-1402) 10 Columns must not Intrude Into the disabled parking access aIsle Chapter 11 Flonda BUIlding AccessibIlity Code , Section 11-4 6 3 11 Demonstrate that column locations provide adequate turning radIus to accommodate all vehicular mobility without encroaching Into other traffic 12 Show location of parking ticket dlspenser(s) 13 Show slacking for 18' vehicle with 2' gap between veh Icles entering the parking garage at the ticket dispenser at all entrances Stacking for a minimum of two vehicles at the main entrance and one at the condominium entrance 14 SIght vIsIbility tnangles are not displayed correctly Please refer to the community development code for correct placement Page CD330 15 Remove bUIlding structures such as walls that are within the sight vlslbllty triangles or re-deslgn bUilding wall where motOrist's line of sight IS not obstructed 16 Paint stop bar and the word "stop" at the bottom of ramp located near the condominium's dnveway All of the above to be addressed prior to CDB Traffic Impact Fees to be determined and paid pnor to C 0 Pnor to bUIlding permit 1 Show lighting and drainage plan Zoning Condition Mike Reynolds 562-4836 10/26/2004 Correct the discrepancy between the architect's plans and the cIvil site plan regarding bUIlding heIght 10/26/2004 How many parking spaces are dedicated to the residential component of the site? State thiS Information with In the site data table Update (11-28-04) ThiS Item IS stili not addressed Please provide the Information wlthln the Site data table Also explain the difference between resident parking and reSident accessible (see Sheet A 1 1) 10/26/2004 ProVide north and south bUIlding elevations Met Not Met Met BUll ding height should be stated from BFE to roof midpoint Update (11-28-04) cond Itlon met, but Met state the height by decimal, I e 8475 feet Improve the clarity of the location map Update (11-28-04) Th IS comment IS stili not addressed Not Met 10/26/2004 10/26/2004 10/26/2004 The site plan should have a plan sheet that shows the bUIlding and ItS square footage Update (11-28-04) ThIS comment IS stili not addressed Label all outdoor lighting Update (11-28-04) Provide information as stated within the 11-19-04 transmIttal letter from applicant to City staff as an addition to Plan Note # 19 Clearly show all eXisting and proposed accesses to thiS property Update (11-28-04) ThiS comment lS stili not addressed 10/26/2004 10/26/2004 Print Date 11/28/2004 Page 3 of 5 Not Met Not Met Not Met CaseCondltons FLD2004-09072 483 MANDALAY AVE Zonmg CondItion Mike Reynolds 562-4836 10/26/2004 Improve the mdex sheet (expand It to mclude parkmg level sheets) Update (11~28-04) This comment IS stili not addressed The Index sheet should account for all sheets within the site plan and architectural plans set 10/26/2004 Correct the site data table information on lot size and bUilding heIght (clarify what deck means) Not Met Met 10/26/2004 Label the location of all easements Update (11-28~04) This comment IS stili not addressed The Not Met I'abels on sheets C-3 and C-4 differ, one called a 15 foot utlllty easement, the other a 15 foot alley Please clarify 10/26/2004 The site plan set needs to show and Item Ize the parking spaces per floor of the parkmg garage Met The fourth level sheet needs to show which IS public versus private (residential) parking Update (11-28~04) Provide this Information within the site data table, as well 10/26/2004 State the FAR, eXisting, proposed, and requ Ired Update (11-28-04) This com ment IS stili not Not Met addressed State the FAR limit as specified by the CIty Code 10/26/2004 Address all criteria within the developments over one acre section of the application form Update Not Met (11-28-04) ThiS comment IS stili not addressed 10/26/2004 At rooftop level (see roof plan draWing), show the pool, deck, and recreational area In detaIl Not Met Update (11-28-04) ThiS comment IS stili not addressed Where IS the walkway to the pool? Are the roof top pavIlions connected to the pool by a walkway? 1 0/26/2004 Label the access Islands at level one with In the garage Update (11-28-04) ThiS comm ent IS stili Not Met not addressed 10/26/2004 Label parking space dImenSions (lyplcals) per floor Update (11-28-04) ThIS comment IS stili not Not Met addressed Parking space Width needs to be labeled If parking space dImenSion typlcals are for all parking levels, state as a plan note on sheet A1 3 10/26/2004 Correct the discrepancy In total number of parking spaces Site Plan states total to be 359 Met parking spaces, and the architect's plans state 362 spaces Update (11-28-04) Both plan sets now show same totals of 356 parking spaces 10/26/2004 Label and show all pedestnan ways within the garage (each level) Update (11-28-04) ThiS Not Met comment IS stili not addressed 10/26/2004 Clearly show all Rights of Way within and adjacent to the site Not Met 10/26/2004 Provide a color landscape plan Met 10/26/2004 BUilding elevallons need to Include dlmemslonal arrows to mdlcate height from BFE to roof Met midpOint and to roof towers The eXisting submittal shows roof height to the eaves 10/27/2004 The project as submItted makes It dIfficult to determine If It IS consistent with Beach by DeSign Not Met Update (11-28-04) ThIS comment IS stili not addressed Provide a summary as to how the project deSIgn IS consistent with Beach by DeSign 10/27/2004 The bUilding elevations are not consistent with the color rendering Met 10/27/2004 The bUilding elevations need to clearly Indicate, by labels, a deSCription of the proposed bUilding Met materials Label any faux windows and any other deSign features 10/27/2004 The color rendering does n at show details for the main entrance/driveway Update (11-28-04) Not Met Provide 15 caples of the color elevation A color elevatlon was not submItted wIth the reVised materials post the 11-12-04 DRC 10/27/2004 The garage floor plans need to show maneuvering space (typlcals by floor) with dImensional Not Met arrows, labeled m linear feet Update (11-28-04) ThiS comment IS stili not addressed Only level three shows thiS detail Print Date 11/28/2004 CaseCondltons Page 4 of 5 FLD2004-09072 483 MANDALAY AVE Zoning Condition Mike Reynolds 562-4836 10/27/2004 The eXisting elevator, per what IS proposed or shown on the floor plans, does not access the third Not Met and fourth garage levels Update (11-28-04) This comment IS stili not addressed ConSider Improving floor access for the eXisting elevator 1 0/27/2004 See Plan Sh eet A 1 4 Correct the parking total shown as 61 spaces (shou Id be 60 spaces) Update (11.28.04) The total IS now Itemized on Sheet A1 1 Met Print Date 11/28/2004 CaseCondltons Page 5 of 5 1 :35 pm Case Number, FLD2004-0~ - -- 483 MANDALA Y AVE .' 'Owner(s)' B J E Ine 630 S Gulfvlew Blvd Clearwater, Fl33767 TELEPHONE No Phone, FAX No Fax, E-MAIL No Emad , ~ --- II.... / 2--07'" Representative' KeIth Zayac 701 Enterpnse Rd East Ste 404 Safety Harbor, Fl 34695 TELEPHONE 727-793-9888, FAX 727-793-9855, E-MAlL keIth@keIthzayac com Location, 1 68 acres located approximately 180 feet from the mtersechon of Mandalay Avenue and Baymont Street Atlas Page, 267A Zomng Dlstnct: T, Tounst Request Request for Flexible Development approval, to pemut a four-level parkmg garage With 359 parkmg spaces and 28 residentIal attached umts, With a reduction ofthe front (east) setback from 25 feet to five feet, a reduction of the Side setbacks (north and south) from 10 feet to zero feet, and a bUlldmg height lDcrease to 685 feet above Base Flood ElevatIOn to top ofroof (In the Tounst Dlstnct, 35 feet IS the height hmlt for attached dwellings, 50 feet IS the height hmlt for a parkmg garage), as a Comprehensive Inft]] Redevelopment ProJect, under the provIsIOns of SectIOn 2-803 C Proposed Use: Mixed use Neighborhood Clearwater Beach AssocIabon Assoclatlon(s), Clearwater, FI 33767 827 Mandalay Ave TELEPHONE 727-446-5801, FAX No Fax, E-MAIL dmacnav@att net Neighborhood Clearwater NeIghborhoods CoalitIOn ASSoclatlOn(s): Clearwater, Fl 33761 2544 Fnsco Dnve TELEPHONE 727-725-3345, FAX No Fax, E-MAIL DJw@gtenet Presenter: Mike Reynolds, Planner III Attendees Included: Chip Gerlock, MIke Reynolds, Scott Rice, Tracey Bruch, Joe Colbert, Tom Glenn The DRC reviewed thiS apphcation wIth the followmg comments, General Engmeermg: Development ReView Agenda - Fnday, November 12,2004 - Page 35 1) The archltectUl .(a~Vlngs and CIVIl dramngs do not match 2) The architectural dramngs, Sheet Al 1, shows 362 parkmg spaces provIded and the cIvil plans show 359 3) The archltectuml plans show two gated mgress/egress dnve aIsles willIe the CivIl plans only show the most northerly mgress/egress havmg a control gate 4) The architectural drawmg show sidewalks leadmg from starr tower to curb, willie the cIvIl show sidewalk bemg extended to back-of-sldewalk DeSIgn should not encourage nud-block crossmgs due to safety reasons 5) The architectural plans show columns bemg constructed Wlthm dflve aisles and parkmg spaces 6) Where do service and delIvery vehIcles park? 7) Show how the reSldents access the roof top pool and all related functIOns around the pool 8) Exhibit "C" (lO)(B) states the floor plates above 42 ft are 28,200 sq ft which does not meet deSign cnten3 9) Exlublt "C" (lO)(D) states that setbacks along local streets should be 12 ft and the proposed structure IS only 5 ft from the nght-of-way of Pomsettla Street 10) The architectural plans Sheet P 1 shows the waterside balcony extendmg approxmllltely 36ft beyond the extenor wall willie a dImensIOnal note for the waterside balcony IS 10' x 30' 11) Need to venfy where the eXIstmg 6" clay pIpe runs through the south end of the property It serves 12) Need to show to where the eXlsbng grease traps are bemg relocated 13) The eXIstmg gas meters may need to be relocated at the applicant's expense 14) The eXIstmg backflow devlce(s) mil have to be relocated outsIde blllldmg envelope and stay WIthm the boundanes oftlus property ownership 15) The proposed stop Signs appear to be behmd walls of the parkIng garage 16) Need to mstall the F D C on pnvate property and meet FIre Department's requIrements 17) Need to proVide enough fire hydrant assembhes along all nghts-of-way to meet FIre Department's reqUirements 18) The eXlstmg fire hydrant assembly south of structure IS shown on the west sIde of POInsettia Street whIle the City'S atlas shows It on the east side Engmeer to venfy locatIOn and show the dIstance from the property 19) The cIVIl plans show a 25 ft +1- dumpster stagmg area/access ramp/parkmg spaces Need to create a much smaller stagmg area ltke the architectural draWIngs show 20) How do the empty dumpsters rotate m and out of condonnmum trash enclosures? 21) Provlde detail for samtary connectIOn at south end of blllldmg to proVide contmuous samtary sewer service to propertIes Iymg south of thIS prOject 22) ProVide detads of proposed water and samtary connections 22) On Sheet C-5, what does the note "Cut and Repan" refer to? 23) What IS the clear vertical height of the first floor above the relocated samtary plpelme? 24) NOTE AddJtlOnal comments may be necessary based on the responses to condloons All the above to be addressed pnor to CDB Pnor to buddmg penult 1) Field determme Invert elevatlOns ofexIstmg samtary hne 2) ProVIde mvert elevatIOns of proposed 8-mch samtary lme 3) Ifproposed samtary lme IS less that 3-feet below fimshed grade It shall be ductile rron EnVironmental. No Issues FIre: 1 Show FDC at least 15 feet from the bUlldmg and wIthm 40 feet of a File Hydrant dedicated to the FIre Spnnkler System PRIOR TO COB Where underground water mams and hydrants are to be mstalled, they shaH be mstalled, completed, and m service prior to constructlOn as per NFP A 241 Please acknowledge PRIOR TO COB ThiS ORC ReVIew by FIfe IS not an approval or review of any construction plans or documents other than site work PLEASE ACKNOWLEDGE Harbor Master: No Comments Legal: No Comments 2 3 Development ReView Agenda - Fnday , November 12, 2004 - Page 36 Lan~ Resources: Revise tree removal calculatlOns, all trees rated 2 or below do not reqlllre replacements and all palm trees are replaced at one lOch each Provide pnor to bUIldlOg permIt LandscaplOg: I Pnor to Development Order, I Change plant matenals below the palms to Dwarf Oleander, between them change the plants to Podocarpus wIDch w1l1 grow taller, and lInut the "IV" to the areas adpcent to the doorways and entrances 2 Darken the palms wIDch are to rernam, It IS unclear as to where they are and If they conflict WIth proposed 3 Several palms appear to be rated well, located away from constructlOn and are shown as X'd out 4 There IS a SIngle palm shown on the plan which IS not m the list and not keyed on the plan 5 Venfy the count on all plant matenal, and subnut a revised plan sheet for review Parks and RecreatJon' 1 Open Space and RecreatlOn Impact fees are due pnor to Issuance ofbUlldmg permits or final plat (If apphcab Ie) whIchever occurs first These fees could be substantIal and It IS recommended that you contact Deb Richter at 727-562-4817 to calculate the assessment Stormwater: 1 I Are eXIstIng pond and stormwater system bemg modified? 2 Place a note on the plans for the contractor to regrade pond and clean out eXlstmg structures If they are to remam 3 Duect all runoff from the garage to the pond These need to be addressed pnor to CDB Sohd Waste' I Enclosure not to Spc ExplaIn how condo umts will dIspose of trash, how wIll they recycle, Show how eXIstmg retail WIll dIspose of Solid Waste and RecyclIng Traffic EnglOeermg' Development ReVIew Agenda - Fnday, November 12,2004 - Page 37 ) 1 Parkmg gara5 ~Slgn on civil plans and architectural plans do.~ . match 2 All parking spaces and dnve aISles must meet current City standards 1 e for a 90 degree parkmg stall It must meet mmImum dimensIOns of 9 ' wide by 19' long WIth a 24' Wide dnve aisle MET -185' DIMENSION AS SHOWN ON THE SITE PLAN IS ACCEPTABLE WITH THE CITY ENGINEER 10/28/2004 - PROVIDE DIMENSIONS FOR P ARKING STALLS ON FLOORS 2-3-4 3 All dIsabled parkmg stalls must comply with current City standards (WIdth, acceSSible aisle and columns In aIsle) 4 Provide a detail of the dIsabled parlang stall and sign 5 All disabled parkmg stalls must be strategIcally located close to an acceSSIble entrance 6 All levels of parkmg must meet reqUired A D A heIght clearance (8' - 2) for handiCap vans 7 Show acceSSIble path from parkmg garage to connect retatl bUlldmg,condo and pubhc sidewalks 8 General Note Garage supports such as walls and columns must not mtrude WIthm parlang stall drmensIons (Community Development Code SectIOn 3-1402) 9 General Note Garage supports such as walls must not m1pede driver's sight vIsIbility when backmg out of parkmg space (Commumty Development Code Section 3-1402) 10 Co]unms must not mtrude Into the dlsab]ed parkIng access aisle Chapter 1] Flonda BUIldmg AcceSSibIlity Code, SectIon 11-4 6 3 ] 1 Demonstrate that colurrm locatIOns provIde adequate turrung radIUs to accormnodate all vehlcular mobilIty without encroachmg mto other traffic 12 Show locatIOn ofparkmg tIcket dlspenser(s) 13 Show stackmg for ] 8' vehicle With 2' gap between velucles entermg the parkmg garage at the ticket dispenser at all entrances Stackmg for a mmrmum of two vehlC]es at the mam entrance and one at the condonumum entrance 14 Sight VISIbIlity trIangles are not displayed correctly Please refer to the commumty development code for correct placement Page CD3 30 ]5 Remove butldmg structures such as walls that are Wltlun the Sight VISlbIlty tnang]es or re-desIgn bUl]dmg wall where motonst's lIne of sight IS not obstructed 16 Pamt stop bar and the word "stop" at the bottom oframp located near the condonumum's dnveway All of the above to be addressed pnor to CDB Traffic Impact Fees to be detennmed and paid pnor to C 0 Pnor to bUlldmg pemut 1 Show lightIng and dramage plan P]anmng: Deve]opment Revlew Agenda - Fnday, November 12, 2004 - Page 38 2 Correct the dlscrel- heIght How many parktng spaces are dedIcated to the residential component of the site? State this mfonnatlOn Wlthm the site data table Provide north and south bUlldmg elevatIOns BUlldmg height should be stated from BFE to roof lTIIdpomt Improve the c1anty of the locatIOn map The site plan should have a plan sheet that shows the bmldmg and Its square footage Label all outdoor hghtmg Clearly show all eXlstmg and proposed accesses to thiS property Improve the mdex sheet (expand It to mclude parktng level sheets) Correct the site data table mformatlOn on lot SIZe and bmldlng heIght (clanfy what deck means) Lable the locatIon of all easements The site plan set needs to show and ItelTIlZe the parkmg spaces per floor of the parking garage The fourth level sheet needs to show which IS public versus pnvate (reSidentIal) parking State the FAR, eXisting, proposed, and reqUIred Address all cntena Withm the developments over one acre secoon of the appltcatlOn form At rooftop level (see roof plan drawmg), show the pool, deck, and recreaoonal area m detail Label the access Islands at level one WithIn the garage Label parktng space dimenSIOns (typIcals) per floor Correct the discrepancy ill total number of parkmg spaces Site Plan states total to be 359 parkmg spaces, and the architect's plans state 362 spaces Label and show all pedestnan ways WithIn the garage (each level) Clearly show all Rights of Way WIthm and adjacent to the site PrOVide a color landscape plan BUlldmg elevaoons need to mclude dlmeUlSlOnal arrows to mdlcate height from BFE to roof lTIIdpomt and to roof towers The eXlstmg subrmttal shows roof height to the eaves The project as submttted makes It difficult to detenrune If It IS conSistent With Beach by DeSign The bUlldmg elevaoons are not consistent With the color rendenng The bUlldmg elevatIOns need to clearly mdlcate, by labels, a descnpoon of the proposed bUlldmg matenals Label any faux wmdows and any other deSign features The color rendenng does not show details for the mam entrancefdnveway The garage floor plans need to show maneuvermg space (typlcals by floor) With dimenSional arrows, labeled m lmear feet The eXIstmg elevator, per what IS proposed or shovm on the floor plans, does not access the third and fourth garage levels See Plan Sheet Al 4 Correct the parkmg total shovm as 6] spaces (should be 60 spaces) wy between the architect's plans and the CIVil s, r-'lan regardmg bUlldmg 3 4 5 6 7 8 9 10 11 ]2 13 ]4 15 ]6 17 ]8 ]9 20 21 22 23 24 25 26 27 28 29 Other: No Comments Notes, This applIcatIOn IS msuffiCIent to be scheduled for reVIew by the COB 12-02-04 DRC agenda Subtnlt reVIsed plans by ] 1-] 8-04 at noon to be on the Development ReView Agenda - Fnday, November ]2,2004 - Page 39 1:35 pm Case Number' FLD2004-01 -- 483 MANDALA Y AVE Owner(s): B J E Ine 630 S Gulf view Blvd Clearwater, FI 33767 TELEPHONE No Phone, FAX No Fax, E~MAIL No Emad Representative' KeIth Zayac 701 Enterpnse Rd East Ste 404 Safety Harbor, Fl34695 TELEPHONE 727-793-9888, FAX 727-793-9855, E-MAIL keIth@kelthzayac com Location" 1 68 acres located approxImately 180 feet from the mterseetlOn of Mandalay Avenue and Baymont Street Atlas Page: 267 A Zonmg Dlstnct T, Tounst Request: Request for FleXible Development approval, to permit a four-level parkmg garage With 359 parkmg sRaces and 28 resIdential attached umts, with a reductIOn of the front (east) setback from 25 feet to five feet, a reductIOn of the Side setbacks (north and south) from 10 feet to zero feet, and a bUlldmg height mcrease to 68 5 feet above Base Flood ElevatIOn to top of roof (In the Tourist DIstrIct, 35 feet IS the height hmlt for attached dwellmgs, 50 feet IS the height Imllt for a parkmg garage), as a Comprehensive Infill Redevelopment ProJect, under the provISIOns of SectIOn 2-803 C Proposed Use: MIxed use Neighborhood Clearwater Beach AssocIatIon Assoclation(s): Clearwater, FI 33767 827 Mandalay Ave TELEPHONE 727-446-5801, FAX No Fax, E-MAIL dmacnav@attnet Neighborhood Clearwater NeIghborhoods Coahtton AssociatIon{s): Clearwater, F13376l 2544 Fosco DrIve TELEPHONE 727-725-3345, FAX No Fax, E-MAIL DJw@gtenet Presenter: Mike Reynolds, Planner III Attendees Included: ChIp Gerlock, MIke Reynolds, Scott RIce, Tracey Bruch, Joe Colbert, Tom Glenn The DRC reviewed thiS application wIth the followmg comments: General Engineermg: Development Review Agenda - Fnday, November 12, 2004 - Page 35 I"' I) The archltectUl dwmgs and cIvIl drawmgs do not match 2) The architectural drawmgs, Sheet All, shows 362 parkmg spaces provided and the c IV] 1 plans show 359 3) The architectural plans show two gated mgress/egress dnve aisles while the cIvil plans only show the most northerly mgress/egress havrng a control gale 4) The architectural drawmg show sIdewalks leadrng from stau tower to curb, while the cIVIl show sidewalk bemg extended to back-of-sIdewalk DesIgn should not encourage ffi1d-block crossmgs due to safety reasons 5) The archttectural plans show eolumns bemg constructed wlthm dnve aIsles and parlang spaces 6) Where do service and delivery vehtcles park? 7) Show how the resIdents access the roof top pool and all related functlOns around the pool 8) Exlublt "C" (lO)(B) states the floor plates above 42 ft are 28,200 sq ft whtch does not meet deSign cntena 9) ExhIbit "C" (1 O)(D) states that setbacks along local streets should be 12 ft and the proposed structure IS only 5 ft from the nght-of-way of Pomsettla Street 10) The archttectural plans Sheet P 1 shows the watefSlde balcony extendmg approxIn1ately 36 ft beyond the exterior wall wlule a dunenslOnal note for the waterside balcony IS 10' x 30' 11) Need to venfy where the eXistIng 6" clay pipe runs through the south end ofthe property It serves 12) Need to show to where the eXlstmg grease traps are bemg relocated 13) The eXisting gas meters may need to be relocated at the applIcant's expense 14) The eXisting backflow devlce(s) wIiI have to be relocated outSIde bUIldIng envelope and stay WIthm the boundanes of thiS property ownership 15) The proposed stop Signs appear to be belund walls of the parlang garage 16) Need to IIlstall the F D C on pnvate property and meet Fire Deparbnent's requuements 17) Need to prOVide enough fue hydrant assemblies along all flghts-of-way to meet FIre Department's requuements 18) The eXistIng fue hydrant assembly south of structure IS shown on the west Side of PomsettIa Street wlule the CIty'S atlas shows It on the east Side Engmeer to verify 10catlOn and show the distance from the property 19) The CIvIl plans show a 25 ft +/- dumpster stagmg area/access ramp/parkmg spaces Need to create a much smaller stagIng area lIke the architectural draWIngs show 20) How do the empty dumpsters rotate III and out of condollllruum trash enclosures? 21) PrOVide detail for sarutary connectIon at south end ofbmldmg to prOVIde contmuous samtary sewer service to properties lYIng south of thiS project 22) ProVIde details of proposed water and samtary connectIOns 22) On Sheet C-5, what does the note "Cut and Repau" refer to? 23) What IS the clear vertical height of the fIrst floor above the relocated samtary pipeline? 24) NOTE AdditIOnal comments may be necessary based on the responses to condI1:lons AU the above to be addressed pnor to CDB Pnor to bUIldmg penmt 1) FIeld detemnne mvert elevatIons of eXls1:lng samtary lme 2) ProVide mvert elevations of proposed 8-Inch SanItary lme 3) Ifproposed samtary lme IS less that 3-feet below fimshed grade It shall be ductile !fon Environmental: 1 No Issues Fire: 1 Show FDC at least 15 feet from the bUIldmg and Wlt!un 40 feet of a Fire Hydrant dedicated to the FIfe SprmkIer System PRIOR TO COB 2 Where underground water mams and hydrants are to be mstalled, they shall be Installed, completed, and m servIce pnor to construction as per NFP A 241 Please acknowledge PRIOR TO CDB 3 ThIS DRC ReView by Fire IS not an approval or reVlew of any constructIOn plans or documents other than site work PLEASE ACKNOWLEDGE Harbor Master: No Connnents Legal No Comments Development ReView Agenda - Fnday, November 12, 2004 - Page 36 ., ~... Land Resources, Revise tree removal calculatIOns, all trees raled 2 or below do not reqUire replacements and all palm trees are replaced at one mch each ProvIde prIor to blllldmg permit Landscaping, 1 PrIor to Development Order, 1 Change plant matenals below the palms to Dwarf Oleander, between them change the plants to Podocarpus whIch will grow taller, and hrmt the "IV" to the areas adjacent to the doorways and entrances 2 Darken the pahns which are to remam, It is unclear as to where they are and If they conihct WIth proposed 3 Several palms appear to be rated well, located away from constructIon and are shown as X'd cut 4 There IS a smgle palm shown on the plan whIch is not m the lIst and not keyed on the plan 5 Venfy the count on all plant mateoal, and subrmt a revised plan sheet for reView Parks and Recreation: Open Space and RecreatIon unpact fees are due pnor to Issuance ofbUildmg penmts or final plat (if apphcable) wrnchever occurs first These fees could be substantIal and it is reccnnnended that you contact Deb Richter at 727-562-4817 to calculate the assessment Stormwater, 1 I. .\re 8*18tmg..p~ I'ltermwa~betHg-1flOdl~ 2 Place a note on the plans for the contractor to regrade pond and clean out eXlstmg structures If they are to remam 3 Direct all runoff from the garage to the pond These need to be addressed prior to CDB Sohd Waste: I Enclosure not to Spc Explam how condo umts will dIspose of trash, how will they recycle, Show how eXlstmg retail will dIspose ofSohd Waste and Recychng Traffic Engmeenng: Development ReView Agenda - Fnday, November 12,2004 - Page 37 ,', " Planmng, 1 Parkmg garag .>Ign on cIvil plans and archItectural plans do natch 2 All parkmg spaces and dnve aIsles must meet current City standards I e for a 90 degree parkmg stall It must meet nummum dlmenslOns of9' wide by 19' long WIth a 24' wide dnve aisle MET -185' DIMENSION AS SHOWN ON THE SITE PLAN IS ACCEPTABLE WITH THE CITY ENGINEER 10/28/2004 - PROVIDE DIMENSlONS FOR PARKING STALLS ON FLOORS 2-3-4 3 All disabled parkmg stalls must comply WIth current City standards (Width, accesslble aIsle and columns m aisle) 4 Provide a detail of the disabled parkmg stall and SIgn 5 All dIsabled parkmg stalls must be strategIcally located close to an accessIble entrance 6 All levels of parkmg must meet requITed A D A height clearance (8' ~ 2) for handicap vans 7 Show accessible path from parkmg garage to connect retail bUlldmg,condo and pubhc Sidewalks 8 General Note Garage supports such as walls and columns must not mtrude Wlthm parkmg stall dImensIOns (COrrmlumty Development Code Section 3-1402) 9 General Note Garage supports such as walls must not Impede dnver's Sight vlSIblhty when backmg out ofparkmg space (Corrmlumty Development Code Section 3-1402) 10 Columns must not mtrude mto the disabled parlang access aisle Chapter II FIonda BUlldmg AcceSSIbility Code, SectIOn 11-4 6 3 II Demonstrate that column 10catlOns provide adequate turnmg radIUS to accommodate aU vehIcular mobIlity WIthout encroachIng mto other traffic 12 Show locatIon ofparkmg ticket dlspenser(s) 13 Show stackmg for 18' vehicle With 2' gap between vehicles entenng the parkmg garage at the ticket dIspenser at all entrances Stackmg for a rrummum of two vehicles at the mam entrance and one at the condomInIum entrance 14 Sight VISIbilIty trIangles are not displayed correctly Please refer to the commumty development code for correct placement Page CD3 30 15 Remove bmldmg structures such as walls that are wlthm the SIght vlSIbllty tnangles or re-desIgn bmldmg wall where motonst's lme of SIght IS not obstructed 16 Pamt stop bar and the word "stop" at the bottom oframp located near the condonuruum's dnveway All of the above to be addressed pnor to CDB Traffic Impact Fees to be detemnned and paid pnor to C 0 Pnor to butldmg pemnt 1 Show hghtmg and dramage plan Development ReVIew Agenda - Fnday, November 12, 2004 - Page 38 ," .. Correct the dlscre, y between the archItect's plans and the clvll 11an regardmg bmldmg height 2 How many parkmg spaces are dedicated to the reSidential component of the site? State this mformatlOn wlthm the Site data table 3 ProVide north and south butldmg elevatIOns 4 Bmldmg height should be stated from BFE to roofmldpomt 5 Improve the clanty of the locatIOn map 6 The site plan should have a plan sheet that shows the bUlldmg and Its square footage 7 Label all outdoor hghtmg 8 Clearly show all eXlstmg and proposed accesses to this property 9 Improve the mdex sheet (expand It to mclude parkmg level sheets) 10 Correct the site data table mformation on lot size and bUlldmg heIght (clanfy what deck means) 11 Lable the locatIOn of all easements 12 The site plan set needs to show and Ite1lliZe the parkmg spaces per floor of the parkmg garage The fourth level sheet needs to show wluch IS pubhc versus pnvate (resldential) parlang 13 State the FAR, eXlstmg, proposed, and reqmred 14 Address all cntena wlthm the developments over one acre section of the apphcahon form 15 At rooftop level (see roof plan draWIng), show the pool, deck, and recreatIonal area III detail 16 Label the access Islands at level one WIthm the garage 17 Label parkmg space dImensIOns (typIcals) per floor 18 Correct the discrepancy m total number of parkmg spaces Site Plan states total to be 359 parkmg spaces, and the architect's plans state 362 spaces 19 Label and show all peclestnan ways WIthm the garage (each level) 20 Clearly show all RIghts of Way Wlthm and adjacent to the site 21 ProVide a color landscape plan 22 Bmldmg elevations need to mclude dunemslOnal arrows to mdlcate height from BFE to roof nudpomt and to roof towers The eXIstIng subnuttal shows roof heIght to the eaves 23 The project as subnutted makes It difficult to determme If It IS consistent With Beach by DeSIgn 24 The bmldmg elevations are not conSIstent Wlth the color rendermg 25 The buddmg elevahons need to clearly mdlcate, by labels, a descnphon of the proposed bmldmg matena1s Label any faux WIndows and any other deSign features 26 The color rendenng does not show details for the mam entrance/dnveway 27 The garage floor plans need to show maneuvenng space (typlcals by floor) WIth dunenslOnal arrows, labeled m lmear feet 28 The eXIstmg elevator, per what IS proposed or shown on the floor plans, does not access the third and fourth garage levels 29 See Plan Sheet Al 4 . Correct the parlang total shown as 61 spaces (should be 60 spaces) Other: ')0. vt d....~~ ?~'f.L>r ~~ c:..a\~r ~Q...u..7\~. No Comments Notes: This apphcatlOn IS msufficlent to be scheduled for reVIew by the CDB Subrmt revised plans by 11-23-04 to be on the 12-23-04 DRC agenda Development ReVIew Agenda ~ Fnday, November 12,2004 - Page 39 Reynolds, Mike From Sent To Cc Subject Tarapanr, Cynd! Wednesday, October 27,20041220 PM PhillipS, Sue, Wilson, Denise, Akin, Pam Bruch, Tracey, RIce, Scott, Reynolds, Mike, Gerlock, Chip, QUillen, Michael, Arasteh, Mahshld Peltcan Walk Garage Planrung and Pubhc Works staff met today to d1scuss the status of the resubnutted Pehcan Walk garage The project 1S currently scheduled for the November 12 DRC and will be deemed INSUFFICIENT The major reasons that the project 1S lllsuffiC1ent are 1 The ardlltectural and engmeenng drawmgs conllict ill major ways, Ie, heIght of bmlchng, entry locatlon, etc 2 The developer still has not 1dentlfied the method of payment for parkmg, therefore, the entry method! desIgn 1S still not satisfactory as staff cannot detenmne whether or not the proposal will be operational As a SIde note, the developer has still not submltted plans for reVIew to the CIty'S representative We beheve that the owner has lured Walker as thelt park1ng consultant but unclear If that firm has had mput on tlus deSIgn ~ The package IS nussmg the north and south elevations Only east and west proVIded 4 All matenals are not Identified so chfficult to detennme If consistent WIth Beach by DeSIgn Although not a suffiCIency Issue, the garage elevation on POInsettia STILL 1S enttrely open and VISIble from the street wmch IS a VIolation of BBD Tms comment has been made to them from before theIr first subnuttal an _ agatn m every chScussIon ~~ ~ A The method of stormwater retention 15 unclear ",::. ~ ~ / ~ \!!.J There IS no utility plan to determme the proJect's connections to CIty wateP'and sewer Please note that the staff fonnal reVIew will occur on Monday, November 1 and these consohdated comments will be sent to the developer at that t:lme-gtVlOg them extra t:lme before the DRC meeting to begtn work on the Issues If'the developer resub1TI1ts W1thm one week of the November 12 DRC, It IS possIble that the case can be scheduled for the December 2 DRC If the developer becomes suffiC1ent on December 2 by addreSSIng all of these comments, then the case will be scheduled for the January 18 CDB If not, the case will stay on hold unttl the developer addresses all of the Issues 1 I I "- Please let me know If you need more illfonnaoon Thanks CYOciI Tarapam Planrung Dltector (727)562-4547 cyndt taraparu@MyClearwater com 1 Reynolds, Mike From Sent To. Subject Reynolds, Mike Fnday, October 22,2004519 PM Gerlock, Chip FLD2004-09072, 483 Mandalay Avenue, Pelican Walk (Garage and Condominiums) Pelican Walk Garaoe & CondominIums Prolect Update Summary . A FlexIble Development ApplicatIon for a Comprehensive Inflll Redevelopment Project for 483 Mandalay Avenue was on September 29, 2004 . The application IS proposing three levels of attached multi-family residential units (28 condominiums) above a four level parking garage The garage IS proposed to have 359 parking spaces total . The application IS seeking a reduction of the front (east) setback from 25 feet to five feet, a reduction of the side setbacks (north and south) from 10 feet to zero feet, and a bUilding height Increase to 68 5 feet above Base Flood Elevatlon to top of roof (In the Tourist Dlstnct, 35 feet IS the height limit for attached dwellings, 50 feet IS the height limit for a parking garage) . The application was determined to be complete A letter of completeness was sent to Keith Zayak . The application IS scheduled for suffiCiency determination before the Development Review CommIttee (meeting date IS November 12, 2004) . If determined by the DRC to be suffiCient, the application submittal Will be considered by the Community Development Board A general status meeting Will take place on Wednesday, October 27, 2004 This IS an Internal meeting only, with Cyndl Tarapanl, Chip Gerlock, MIke Reynolds, Scott Rice, and Tracey Bruch to attend Mike Reynolds, AICP, Senior Planner City of Clearwater - 727-562-4836 mike revnolds@mvclearwatercom --.--On gma I Messa ge----- From: Gerlock, ChiP Sent: Fnday, October 22,2004 11 42 AM To: Wells, Wayne, Reynolds, Mike Subject: I need the bullet updates for Pelican Walk and Patel Great If I could get today, but Monday at latest thansk 1 Reynolds, Mike Importance Reynolds, Mike Thursday, September 30, 2004 10 26 AM Haines, Angel Gerlock, Chip, TarapaOl, Cyndl FLD2004-09072, 483 Mandalay Avenue, Pelican Walk (Garage and Condominiums) High From: Sent, To, Cc: Subject: Angel, Here IS an update on the "Pelican Walk" project A Flexible Development Application for a Comprehensive Inflll Redevelopment Project for 483 Mandalay Avenue was submItted yesterday, September 29,2004 The application IS proposing three levels of attached multi-family residential units (28 condominiums) above a four level parking garage The garage IS proposed to have 359 parking spaces total There are 87 parking spaces proposed for allocation to the resldentral UOltS The residential parkmg IS shown to be located on the fourth level of the parking garage The application IS seeking a reduction of the front (east) setback from 25 feet to five feet, a reduction of the side setbacks (north and south) from 10 feet to zero feet, and a bUilding height Increase to 68 5 feet above Base Flood Elevation to top of roof (In the Tourist DIstrict, 35 feet IS the height limit for attached dwellings, 50 feet IS the height limit for a parking garage) The application submltlalls belOg reviewed for completeness If the applicatIon IS complete, It will be routed for staff review and considered at the Development Review Committee (DRe) meeting on November 12, 2004 If determlOed by the DRC to be suffIcIent, the appl1catlon submittal will be considered by the Community Development Board Mike Reynolds, AICP, Senior Planner City of Clearwater - 727-562-4836 mike revnolds@mvclearwatercom 1 ! "- Ti Memo E'rl~EER~ ARCHIHCH Park j ng PI(llr ~lrng d: D(j <:;1 un TO Tracey Bruch FROM DATE RE E James Ebert, P E August 26, 2004 Pelican Walk Garage, City of Clearwater MESSAGE Here are a few qUick comments on the drawings I received yesterday Parking control equIpment needs to be further defined 2 If the upper levels are segregated for condo owners, how IS thiS controlled? Thrs arrangement makes only forty spaces aVailable for the public 3 Define accessible spaces 4 Define how elevator/stairs cores function for both garage and condo 5 Is there stormwater retention under ramp? 6 I don't have any vertical dimensions, but If the first floor IS 14' above, srope IS 6% Upper floors are less 7 WIth 11' clear at grade, a barrier IS needed to keep heavy vehrcles from upper levers 8 Address easement at west Since time IS of the essence, could you please distribute as required? Thank you, JIm Ebert 550 Township Line Road SUlle 100 Blue Berf, PA 19422 Phorle 484 J4 2 02 DD Fax 484 342 0222 www hmoaaos corn -I J '( 1-_~~-of "'?:.:>L Z :'=;'0 pM Fierce, Lisa From Sent To Cc Sul)JE!ct, - Tarapanl, Cyndl Tuesday, June 29, 2004 249 PM PhillipS, Sue, Harriger, Sandy, Akin, Pam, Arasteh, Mahshld Fierce, Lisa, Gerlock, Chip, Reynolds, Mike Pelican Walk Parking Garage I lu:.t had a meet111g wIth LOlliS Ana<;topoulos, Stcvc Spcncer and the :.econd 111ve:.tor Steve had been evaluating thc actual number of demlty ~ull available on the site and had some questions about that What we deterrmned is that the slte plan on whlCh r based my calculatiom of 37 available uruts had the INCORRECT <;lte SIze The actual site 1<; smaller than lOdlcated on the slte plan, d1erefore, the available number of umts IS slgmficantly less I will rc- calculatc thc available demit)" and send to you all I Just wanted to let you know ASAP of thur conce!O They stated that they need more umts and WIsh to buy TDR's from other :.1te~, however the code cunently restncts thcm (and evcry other owner) to 20% admtional Ul11ts Ihey were aware of the lOterest of other property owners (and Clty staff) to remove the 20% lumt 10 upconung code amendment~ I mformed them that the schedule for plan amendments would be at the earhest 111 early 2005 due to workload I<;sue<; ObViously, they weren't happy WIth that schedule .steve abo requested to cancel tlus l'hmsday's meeting WIth Planlllng staff to diSCUSS deSIgn Issues Sll1ce thiS change will slgmficantly reVise therr deSIgn No actJ.on 1<; reqwred from yOU all at thiS timC-fYl only Thank:. 1 Cynd. Tarapalll Planrung Drrector (727)562-4547 cyam tarapam@ivlyClearwatcr com ( J ~ Fierce, Lisa From: Sent: To Subject. Tarapanl, Cyndl Friday, July 09,20041217 PM Fierce, Lisa, Gerlock, Chip, Reynolds, Mike FW Pelican Walk Project FYI Cyudl Tarapam Plannlllg Duector (727)562-4547 cyndi tarapam@MyClcarwatcrcom --- --0 rI g I na I M essag e ----- From Bruch, Tracey Sent: Friday, July 09, 2004 11 25 AM To QUillen, Michael, Arasteh, Mahshld, Tarapanl, Cyndl Cc Jim Ebert (Tim Haahs & Assoc ) (E-mall),Akln,Pam,Wllson, Denise, PhillipS, 5ue, Harnger, Sandy Subject: Pelican Walk Project FYI I was recently speaking with Walker Parking Consultants (WPC) and they asked how the subject project was progressing, I was not at the 6/16/04 meeting, however, Jim Ebert's notes Indicated that WPC was now'more Involved In the functional layout, etc WPC Indicated they are NOT under contract for this proJect, At the request of Pelican Walk, WPC provided a proposal to Include the condos Into the scope of work but they have not been authorized to begin work, Apparently one of the engineers from WPC forwarded an e-mail from Steve Spencer to Jim Ebert with what was verbally discussed concerning changes to the functional layout Perhaps this IS where the confusion has originated Tracey Tracey Bruch, Parking Manager PWA / Parking System 727-562-4771 tracey, bru ch@myelearwater,com 1 ~ Fierce, Lisa From Sent To, Cc Subject Fierce, Lisa Thursday, June 24,2004448 PM 'sJs@spencerarch com' Reynolds, Mike, Gerlock, Chip, Tarapanl, Cyndl, 'Keith Zayac' pelican walk design meeting - June 24,2004 hi steve, I wanted to summanze the pOints we discussed at our meeting today with me and mike reynolds- . the bUilding design as shown today needs more symmetry, the wlndowlopenlngs are currently configured In an asymmetncal design (we did not get a copy of the plans you brought In today) the overall design of the bUilding needs to be consistent with the eXisting bUilding and the deSign of the condos and garage need to be better coordinated (e g use of flat arch on garage In addition to condo area, etc ) a "base" needs to be created on the bUilding, similar to one of the examples provided to you of an award-winning garage deSign (In VIrginia), thiS new base will be level with the ground level of the parking garage (up to 14 feet In height) decorative metal/aluminum gnllwork will be used as a material on the outside of windows/openings to screen the veh Icleslramps revised draWings will Include four-Sides with dimenSions, colors and materials, the east elevation will Include a photo of the eXisting bUilding (screened as background) with the proposed condos shown above the display windows on the west elevation will be removed since the future retail use IS no longer part of the request a sample of a perspective draWing will be provided (of another site) shOWing the level of detail that could be provided In a perspective/rendering of thiS site the calculation of densltyllntenSlty as provided by kelth zayak needs to be corrected, 73,485 square foot parcel less 38,000 square feet of nonresidential = 35,485 square feet remaining for residential, 35,485 sf (0 814 acres) X 30 dulacre results In 24 dwelling units the next meeting Will be held with cyndl tarapanl and chip gerlock on thursday, July 1 at 1 30 P m In the msb (mike and 1 are out of town) . . . . . . o . Lisa L. Fierce City of Clearwater ASSistant Planning Director Ilsa flerce@MyClearwatercom 7275624561 phone" 7275624865 fax Buckeye and Buccaneer Fan - GO BUC(K)S! 1 ~ wvJ ; '- !::'frI, . en Y OF CLEARWATER NOTICE OF COMMUNITY DEVELOPMENT BOARD PUBLIC HEARINGS The Commumty Development Board of the CIty of Clearwater, Flonda, wlll hold public heanngs on Tuesday, April 19, 2005, begmnmg at 1 00 PM, m the City Council Chambers, m City Hall, 3rd floor, 112 South Osceola Ave, Clearwater, FlOrIda, to consider the followmg requests: NOTE: All persons wl'ihinl! to addre'is an Item need to be present at the BEGINNING of the meetml!, Those cases that are not contested bv the applicant. staff. neiehborine property owners. etc. will be placed on a consent aeenda and approved bv a sinele vote at the be1!inninl! of the meetInl!. G(cont from 1/18/05) LBJ. LLC (BJE, Inc) are requestmg (1) FleXIble Development approval to permIt a mixed use (proposed parkmg garage and attached dwelhngs m conjunctIOn WIth eXlstmg retail sales) With a reduction to the front (east) setback from 25 ft to 477ft (to bUlldmg), a reduction to the Side (north) setback from 10 ft to 291 ft (to bmldmg), reductlOns to the slde (south) setback from 10 ft to zero ft (to dumpster enclosure), from 10 ft to 1 74 ft (to pavement) and from 10 ft to 26ft (to bmldmg), a reductIon to the rear (west) setback from 20 ft to 05 ft (to bmldmg), to mcrease the bUlldmg height from 35 ft to 70 ft (to roof deck) with an additional 4 ft for penmeter parapets (from roof deck) and an additIonal 16 fi for rooftop paVIlion (from roof deck) and to permit a bUlldmg wIthm the VIS1bdlty tnangles, as a ComprehenSive 1nfill Redevelopment Project, under the provIsions of Sec 2-803 C, and a reductIOn to the Width of foundatlOn landscapmg along PomsettIa Avenue fTOm 5 ft to 4 77 ft, as a ComprehenSIVe Landscape Program under the prOVISlOns of Sec 3-1202 G, and (2) Transfer of Development Rights of 4 umts from 656 Bayway Blvd, under the proVISIons of Sec 4-1402 [Proposed Use: Mixed use (4 level parkmg garage WIth 355 parkmg spaces and 28 attached dwelling umts [condomlDlUm] III conjunctIon With 37,940 sq ft of eXlstmg retad sales)] at 483 MandaIav Ave, Clearwater Beach Park, 1st Add Replat, Blk A, Lots 2-7, & 15 ft Vac Alley on W & Lot 8 FLD2004-09072/TDR2005-0] 0] 5 2 (cant from 3/22105) Liberty Bank (LIberty Realty Group) are requestmg FleXIble Development approval (1) to permit retml sales and servIce (bank) and offices m the CommercIal Dlstnct With a reduction to the front (north) setback from 25 to 235ft (to pavement), a reductIOn to the front (east) setback from 25 ft 20 ft (to bUlldlllg), an mcrease to buIidmg helght from 25 ft to 28 ft (to roof deck) WIth an addItIonal 3 33 ft for parapet (from roof deck) and an addItIOnal 8 83 ft for architectural embellishments (from roof deck), a reduction to reqUired parkmg from 38 to 35 spaces and a deVIatlOn to allow dIrect access to a major artenal street (Gulf to Bay), as a ComprehenSive 1n611 Redevelopment Project, under the proVISIOns of See 2-704 C, (2) to permIt non-residential parkmg m the MedIUm DenSity ReSIdentIal DistrIct With a reduction to front (east) setback from 25 ft to 15 ft (to pavement) and a deVIatIon to place landscapmg on the llls1de of the buffet fence along the west and south Sides of the property, as a ReSIdential Infill Project, under the proVISIons of 2-304 G (Proposed Use: Bank and office space) at 1611 Gulf to Bav Blvd, Longvlew Sub, Lots 3-4, 19-21 FLD2004-]] 080 3 (cant from 3/22/05) Haddon House Inn. Inc. (Haddon House of Clearwater, LLC) are requestmg (I) FleXIble Development approval to permit 14 attached dwelhngs WIth reductIOns to the front (south) setback trom 25 ft to 15 ft (to bUlldmg) and from 25 ft to 42ft (to trash stagmg area), a reduGhon to the front (west) setback from 25 ft to 8 ft from the Coastal Construction Control Lme (to pool deck), reductions to the SIde (north) setback from 10 ft to 59ft (to bUlldmg), from 10 ft to 5 ft (to pool deck) and trom 10 tt to 2 ft (to SIdewalk), a reductIOn to the v- :\ side (west) setback from lOft to 32ft (to sIdewalk), a reductlon to the side (east) setback from 10 ft to 6 ft (to sidewalk), and an mcrease to heIght froro 30 ft to 64 ft (to roof deck) wlth an additIOnal 4 16 ft for penmeter parapet (from roof deck) and an addltlonal 15 83 ft for a rooftop pavIlion (from roof deck), as a ResIdentml Infill ProJect, under the provlslom; of Sec 2-404 F, (2) a reductIOn to the landscape buffer along IdlewJid Street from 10 ft to 42ft (to trash stagmg area), a reductIOn to the landscape buffer along the north property hne from 10 ft to 59ft (to bUlldmg), from 10 ft to 5 ft (to pool deck) and from 10 ft to 2 ft (to SIdewalk), a reductIOn to the landscape buffer along the west property hne from 10 ft to 32ft (to SIdewalk) and a reductIOn to the landscape buffer along the eastern property hne froro 10 ft to 6 ft (to Sidewalk), as a Comprehensive Landscape Program, under the proVIsIOns of Sec 3-1202 G, (3) Transfer of Development RIghts for one dwelhng umt from 321 Coronado Dnve, under the provIsIOns of Sec 4-1403 [Proposed Use: Attached dwellings (14 condommmms)] at 12 Idlewild St, Clearwater Beach Rev, Blk3, Lots 1, 13-15 & W 1/2 of Lot 12 FLD2004-10076 4 Georl!e C Clark Investments (Global Fmancml Investments, LLC / EqUity Investments, LLC / KB Home _ Tampa, LLC) are requestIng FlexIble Development approval WIth reductlon of the front (east) setback along Lawson Rd from 25 ft to 18 ft (to bUlldmg), from 25 ft to 14 ft (to pavement), reducttons to front (west) setback along Lawson Rd from 25 ft to 7 ft (to patlos), from 25 ft to 11 ft to (bUlldmg) and from 25 ft to 10 ft (to pavement), a reductIon of the front (south) setback along Blackburn St from 25 ft to 10 ft (to pavement), and a reductton to a landscape buffer from 10 ft to 7 ft (to pattos) along the east SIde of Lawson Rd, as a Resldenilal Infill ProJect, under the provlstonS of See 2-304 G and PrelimInary Plat approval for 248 lots, and as a ComprehensIve Landscape Program, under the provlSlons of Sec 3-1202 G (Proposed Use: A resIdential development of248 attached dwellings) at 2520 Sunset POint Rd, Blackburn's Sub, Pt of Lots 10-12 & Vac St FLD2004_02011A1PLT2004-00007A 5 Bav Harbor. LLC (Baywatch Suttes, Inc) are requestmg FleXIble Development approval to construct a 1,376 sq ft multi-use dock facilIty to provide 8 slips as an amemty to 19 condominIUm umts The request Includes an mcrease of the Width of the dock from 75 percent of the lot Width (135 ft) to 77 percent of the lot WIdth (139 ft), and a reductton of the SIde (west) setbacks from 1798 ft to 103ft to the dock, per Sec 3.601 C 3 (proposed Use: Construct a multi-use dock of 1 ,376 sq ft for 8 shps) at 600 Bavwav Blvd, Bayslde Sub No 5, B lk A, Lots 6.8 & Rlpanan Rts, FLD200S-01010 6 MSPA AcuUlsition II. LP IS requestmg (1) TermmatlOn of Status of Nonconfonmty for denSIty to allow the contmuatlOn of an eX1stmg 217-roomlumt hotel (where 74 rooms/umts are permItted today) and for he1ght to allow the eXIstmg 155-ft hIgh bUl\dmg (where a maximum height of \50 ft 1S permItted today), (2) FleXible Development approval to permtt a 217-roomlumt overmght accommodatlon use With a reductlOn to the rear (west) setback from 20 ft to zero ft (to patto/pool deckmg and tIkI bars) and to allow patlO/pool decktng seaward (westward) of the Coastal ConstructIon Control Lme, an mcrease to bUlldmg heIght from 35 ft to 155 ft (to eXlstmg roof deck) and a reductIon to reqUIred parktng from 217 to 201 spaces (exlstmg), as a ComprehensIve rnfill Redevelopment ProJect, under the prOVISIons of Sec 2-803 C, (3) a reductIOn to the reqUired mtenor landscape area, as a ComprehenSIVe Landscape Program, under the prOVISIons of Sec 3-1202 G, and (4) ComprehenSIVe Sign Program approval, under the prOVISIons of Sec 3-1807 (SGN2005-01016) (Proposed Usc: Retam eXistIng 217~room overnIght accommodatIOn use) at 430 South Gulfview Blvd, Lloyd-Whlte-Skmner Sub, Lots 33- 35 & pt of Lot 36 & Subm Land on W FLD2005.01(105/SGN2005-01016 7 Sunsprce Green, LLC IS requestmg (1) TermmatIon of Status of Nonconfonmty for denSity for the eXIstmg 105-room hotel tower, located on 2383 acres (density to be converted to 78 dwelling umts), (2) FlexIble Development approval to permit attached dwellmgs wlth reductIOns to the front (north along S Gulfvlew Blvd) from 15 ft to 11 88 ft (to secunty guard house) and from 15 ft to 642 ft (to pavement), a reductIOn to the front (east along Gulf Blvd) from 15ft to zero ft (to pavement),.a reductIon to the side (west) !>etback from 10 ft to 429 ft (to pavement), a reduction to the side (south) setback from 10ft to zero ft (to boardwalk), an mcrease to bUlldmg height from 35ft to 150 ft (to roof deck) wIth an add ItlOnal 11 - 21 ft for decorative mansard archItectural embellishments, an mcrease to fence height wlthm the front setback from 6 ft to 7 ft and a deViatIon to allow a bUlld10g wlthm vlSlblhty tnangles, as a ComprehenSive Infill Redevelopment Project, under the provISIons of Sec 2-803 C, (3) Transfer of Development Rights of 10 umts from 41 Devon Dr and 3 umts from the Sandpearl project located generally at 500 Mandalay Ave, under the proVISIOns of Sec 4-1402 (TDR2005-010l7), and (4) Prellm10ary Plat for 1 lot (PLT2005-00002) [Proposed Use: Attached dwellings (149 dweU10g umts)] at 715 S. Gulf view Blvd, Bayslde Shores, Blk D, Lots 1-2 & Accreted Land to S FLD2005- 01 0l6/TDR2005-01 017/PL T2005-00002 8 Panaroma on Clearwater Beach. LLC IS requestmg (1) TenmnatlOn of Status of Nonconformity for denSIty (15 overnight accommodatlOn umts, to be converted to II dwelhng umts, plus 8 eXlst10g dwelhng umts), under the prOVISIons of Sec 6-109, (2) FleXible Development approval to permit a total of 15 attached dwellings m the MedIUm High DenSity ReSidential (MHDR) Dlstnct and Tounst (T) Dlstnct with a reductlOn m the T Dlstnct from 10,000 sq ft to 4,350 sq ft, a reductIon to lot WIdth 10 the T Dlstnct from 100 ft to 50 ft, reductlOns to the front (north along Avalon St - MHDR Dlstnct) setback from 25 ft to 10 ft (to bmldmg) and from 25 ft to zero ft (to trash stagmg area), a reductIOn to the front (south along Kendall St _ T Dlstnct) from 15 ft to 10ft (to bUlldmg), a reduction to the Side (west - MHDR Dlstnct) from 10 ft to 7 ft (to bUlldmg), a reductIOn to the SIde (west - T Dlstnct) from 10 ft to 3 ft (to bUlldmg and pavement), a reductlOn to the rear (south - MHDR Dlstnct) from 15 ft to 10 ft (to bUlld1Og), an 10crease to bUIldmg height m the MHDR Dlstnet from 30 ft and m the T Dlstnct from 35 ft to 5267 ft (to roof deck) with penmeter parapets of 3 67 ft (from roof deck), as a Resldenttal Infill Project m the :MHDR Dlstnct and as a ComprehenSive Infill Redevelopment Project 10 the T DIStrtct, under the prOVISIOns of Secs 2-404 F and 2-803 C, and (3) ReductIOn to the Side (west) landscape buffer m the MOOR DIStrict from 10 ft to 7 ft (to bUlldlOg), as a ComprehenSive Landscape Plan, under the prOVISIOns of Sec 3-1202 G [Proposed Use: Attached dwelhngs (15 dwellmg uOltS)] at 15 - 27 Avalon St and 16 Kendall St. Clearwater Beach Rev, Elk7, Lots 6-8, 14 & Pt of Lot 5 FLD2005-01007 9 Robert M Pennock. Mclodie A Fert!uson. Robert M Pennock n TRE REM. & MeIodie A Fert!uson TRE REM are requestmg FleXible Development approval to penmt 5 attached dwelhng UOItS wlth a reductIon to the mmllnum lot Width from 100 ft to 51 ft, an Increase to height from 35 ft to 59 ft to top of roof deck, an addltlOoal 35ft to the top of mansard roof (from roof deck) and an addltlOnal 11 75 ft for statr/elevator tower (from roof deck) and architectural embellishment, a reductlon 10 the rear (south) setback from 20 ft to zero ft to pool deck, 35ft to pool and 18 ft to bUIldmg as a FleXible Development proJect, under the provIslons of Sec 2- 803 B [Proposed Use Attached dwelhngs (5 dwelhng UOItS)] at 665 Bav Esplanade, Mandalay Umt No 5 Replat, Blk 77, Lot 6 FLD2005-01009 10 Clearwater Yacht Club. Inc. lS requestlOg FleXible Development approval to perrolt a 3 story, 18,500 sq ft Yacht Club With offices, exerClse room, restaurant and parkmg garage structure, With reductIOns to the front (south) setback from 15 ft to zero ft to pavement and 4 ft to bUlldmg structure, to permit a bUlldmg wlthm the SIght vlSlblhty tnangles along Bayway Blvd, a reductIon of rear (north) setback from 20 ft to zero ft to paver deck and 18 tt to bUlldmg and an mcrease m bUlldmg height from 25 ft to 465ft to mean roof height, as a ComprehenSive Lnfill '" ProJect, under the provl510ns of Sec 2-803 E (Proposed U~e: Manna) at 830 Bavwav Blvd, Bayslde Sub No 6 UOlt A, Blk D, Lots 5-11 Incl FLD2005-0l008 II Skiff Point of Clearwater. LLC IS requestmg FlexIble Development approval to permlt 15 attached dwelhng UOltS wIth reductIOns to the front (east) setback from 25 ft to 15 ft to bUlldmg and from 25 ft to 3 ft to pavement, a reductIOn to the side (north and south) setbacks from 10 ft to 65ft to bUlldmg and 5 ft to parkIng, a reductIOn to the rear (south) setback from 15 ft to zero ft to pool deck, 5 ft to pool and 75ft to parkmg, and an Illerease III height from 30 ft to 49 ft to roof deck and addItional 4 ft for parapet (from roof deck to top of parapet) and an addItional 16 ft for elevator overrun (from roof deck), as a ReSidential Infill ProJect, m the Island Estates Neighborhood ConservatIOn Overlay Dlstnct (IENCOD) I MedIUm High DenSIty ReSidential (MlIDR) District under the proVISIOns of Secs 2404(F) and 2-1602(C) [Proposed Use: Attached dwellIngs (15 dwelhng umts)] at 200 and 201 SkIff Pomt, Island Estates of Clearwater, Dmt 5-A, Lots 35-36 FLD2005-01012 Interested partIes may appear and be heard at the hearings or file Written notice of approval or objectIOn With the Planmng Interested partIes may appear and be heard at the hearing or file Written notice of approval or objectIOn WIth the Plannmg Director or CIty Clerk prior to the heanng Any person who deCides to appeal any deCISion made by the Board or CounCIl, WIth respect to any matter conSIdered at such heanngs, wlll need to request a record of the proceedmgs and, for such purpose, may need to ensure that a verbatim record of the proceedmgs 1S made, which record mcludes the testImony and eVIdence upon WhICh the appeal IS to be based per FlOrida Statute 2860105 Commumty Development Code Sec 4-206 states that party status shall be granted by the Board m quasI-JudICIal cases If the person requestmg such status demonstrates that s/he IS substantially affected Party status entItles partIes to personally testify, present eVIdence, argument and Witnesses, cross-examme Witnesses, appeal the deCISIOn and speak on reconsIderatIOn requests, and needs to be requested and obtamed durmg the case diSCUSSion before the CDB An oath will be admlmstered sweanng m all person<> glvmg testimony m quaSI-JudicIal public heanng cases If you Wish to speak at the meetmg, please walt to be recogmzed, then state and spell your name and proVide your address Persons WIthout party status speakmg before the CDB shall be hmlted to three mmutes unless an mdlvldualls representmg a group m WhICh case the Chairperson may authonze a reasonable amount of time up to 10 mmutes 5 days pnor to the meetmg, staff reports and recommendatIOns on the above requests WIll be available for reVIew by mterested parties between the hours of 830 a m and 430 pm, weekdays, at the CIty of Clearwater, Plannmg Department, 100 S Myrtle Ave, Clearwater, FL 33756 Please contact the case presenter, at 562-4567 to diSCUSS any questions or concerns about the project and/or to better understand the proposal and revIew the SIte plan Cyndl Tarapam Planmng Dlfector Cynthia E Goudeau, CMC City Clerk CIty of Clearwater POBox 4748, Clearwater, FL 33758-4748 NOTE Applicant or representative must be present at the heanng A COpy OF THIS AD IN LARGE PRINT IS A V AJLABLE IN OFFICIAL RECORDS AND LEGISLATIVE SERVICES. ANY PERSON WITH A DISABILITY REQUIRING ~ " REASONABLE ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS MEETING SHOULD CALL (727) 562-4093 WITH THEIR REQUEST. Ad 04/03105 y w w - L15f 3 rY\~ D-'4 1-\'( t. - i= l D LeU Lt - 01..1 U I l- .....- ~<I ~" BELLE HARBOR 2201 4TH ST N STE 200 ST PETERSBURG FL 33704 - 4300 W ANDACHOWICZ, BOGDAN lOP AP A Y A ST # 1001 CLEARWATER FL 33767 - BELLE HARBOR LLC 2201 4TH ST N # 200 ST PETERSBURG FL 33704 - 4300 " THOMAS-KlRSCHKE, HEIDI 525 MANDALA Y AVE # 24 CLEARWATER FL 33767 - HARTMAN, JEFFREY E HARTMAN, MARISA A 5 CORD GRASS LN OLD LYME CT 06371- IVERSON, DONALD D 1001 SAN MARCO ST # 1001 CLEAR WATER FL 33767 - ROBULAK, KENNETH J ROBULAK, PATRICIA J 521 MANDALA Y AVE # 302 CLEAR WATER FL 33767 - GAUDIN, DANIELE 521 MANDALA Y AVE # 305 CLEARWATER FL 33767- MAZAS INVESTMENTS LLC 2251 DREW ST # 207 CLEARWATER FL 33767 - BOND, GEORGE L JR BOND, YVONNE N 1215 CAMINO CAPISTRANO ROSEVILLE CA 95747 - BELLE HARBOR OWNERS ASSN INC 501 MANDALA Y AVE CLEARWATER FL 33767 - ELIAS, SCOTT D 1435 N CLEVELAND # E CHICAGO IL 60610 - F S N PROPERTIES LLC 9909 RACETRACK RD TAMPA FL 33626 - FLOTO, RONALD J FLOTO, NANCY C 54 SASSOON ROAD POKFULAM 00000- HONG KONG LYLE, JOHN F LYLE, NANCY S 408 NORTH SHORE DR KNOXVILLE TN 37919- SHEPPARD, KERlL YN SHEPPARD, KRISTIN 328 SIX MILE RD WHITMORE LAKE MI 48189- HODUCH, RAYMOND T BODUCH, LINDA C 1621 GULF BLVD # 1401 CLEARWATER FL 33767- VISOSO, ROBERTO VISOSO, GRACIELA 521 MANDALA Y AVE # 307 CLEARWATER FL 33767 - JACOBSEN, GLENN C JACOBSEN, BARBARA D 6 FERRAND WOODS SAINT LOUIS MO 63 124 - PF AFF, ROBERT PFAFF, BETTY 521 MANDALA Y AVE # 404 CLEARWATER FL 33767- ~, FULLBk'cH iNVESTMENTS LLC 2201 4TH ST N # 200 ST PETERSBURG FL 33704- GIANFILIPPO, JOHN F GIANFILIPPO, LAURA L 162 DEVON DR CLEARWATER FL 33767- GONZALEZ, EDWARD A GONZALEZ, MARITZA 9400 LAWS RD CLEARMONT FL 34711 - BELLE HARBOR LLC 2201 4TH ST N # 200 ST PETERSBURG FL 33704 - 4300 CAMBAS, NICHOLAS A 2939 ELYSIUM WAY CLEARWATERFL 33759- STOJAK, JAMES L STOJAK, ROBIN L 3964 MULLENHURST DR PALM HARBOR FL 34685 - FARRELL, BRIAN M FARRELL, CYNTHIA B 5116 WESTSHORE DR NEW PORT RICHEY FL 34652- ENGEBRETSEN, ARDEN B 10 PAPAYA ST # 1404 CLEARWATER FL 33767- TADROS, HANI S Y ASSAOUI, SUZANNE 2184 LAURENCE DR CLEARWATER FL 33764- SHEAR, MARILYN F 2650 MCCORMICK DR 8TE 130 CLEARWATER FL 33759 - COLTON, JAMES A LIEBERMAN, LAWRENCE T CORDE1RO, JACK COLTON, LORI B LIEBERMAN, DEBORAH S CORDEIRO, ALDA 421 HAMPTON GREEN 10 WILLOWOOD LN 8209 W CRENSHA W ST PEACHTREE CITY GA 30269 - OLDSMAR FL 34677 - TAMPA FL 33615- MOMESSO, SERGIO F FALLON, JOSEPH KIEFFER, ALAN L MOMESSO, NOELLA NOORY FALLON, SHEILA KIEFFER, NELLI L 10 JONQUILLE 1 SEASIDE LN # 101 52] MANDALA Y AVE # 501 KIRKLAND QC H9H 3C4 00030- BELLEAIR FL 33756 - CLEAR WATER FL 33767 - CANADA JENNINGS, MARK K KAROUNOS, THEODORE P CLARK, ROBERT B JENNINGS, VICKI B KAROUNOS, LORRAINE J CLARK, SANDRA H 8471 FLOWERING CHERRY LN 444 PINE HILL RD 13201 CLAYTON RD LAUREL MD 20723- LEONIA NJ 07605 - ST LOUIS MO 63131 - YOF AN, A VI NORRIS, WILLIAM TOUCHTON, JOANN YOF AN, JACQUELINE 4 HIGHLAND AVE TOUCHTON, WALTER W 10PAPAYAST# 1202 WARREN RI 02885 - 10 PAPAYA ST # 702 CLEARWATER FL 33767- CLEARWATER FL 33767- NAGALE, VISHW ANA TH T DIGIANNANTONIO, GILBERT HICKMAN, GARY NAGALE, PUSHP AMALA V DIGIANNANTONIO, PAULETTE HICKMAN, MARY JO 521 MANDALA Y AVE # 508 3717 WOODRIDGE PL 405 ANCHOR ROW CLEARWATER FL 33767- PALM HARBOR FL 34684 - PLACIDA FL 33946 - BOMERGER, DAVID RICHARD JOYCE, JILL E BOTWICK, ANDREW L 990 W OAK ST 1019 GUISANDO DE A VILA BOTWICK, DIANNE S ZIONSVILLE IN 46077 - TAMPA FL 33613- 1422 NW 111 TH AVE CORAL SPRINGS FL 33071 - TOUCHTON, JOANN SANDOZ, DAVID C KRYGIER, TESSIE TOUCHTON, WALTER W SANDOZ, ANN L LA TEK, STANLEY ]0 PAPAYA ST # 702 523 N OKLAHOMA AVE 11109 KAREN DR CLEARWATER FL 33767- MORTON IL 61550- ORLAND PARK IL 60467 - YOF AN, A VI T A C LLC J N E BEACH CONDOS LLC YOF AN, JACQUELINE 1172 BROWNELL ST 6326 MACLAURIN DR 521 MANDALA Y AVE # 607 CLEARWATER FL 33756- TAMPA FL 33647- CLEARWATER FL 33767- GIBSON, PAULF LEVINE, RICHARD SORENO VISTA LC 521 MANDALA Y AVE # 610 LEVINE, BARBARA 575 2ND AVE S CLEARW ATER FL 33767 - 5047 OTIS AVE ST PETERSBURG FL 33701 - TARZANA CA 91356- SWIDEREK, T1MOTHY J AVERY, JOSEPHINE TEJEDA, RAFAEL E SWIDEREK, jOSEPH A ULINE, BRADLEY R TEJEDA, IDELFIA A 4540 WEA THERV ANE DR 521 MANDALA Y AVE # 704 3516 WOODRIDGE PL ALPHARETTE GA 30022 - CLEARWATER fL 33767- PALM HARBOR fL 34684- CASTROGIOV ANNI, LUKE GRIECO, DANIEL J II PERRY, GREGORY G CASTROGIOV ANNI, KELL Y L GRIECO, DIANE Y LAHN, MONICA L 9011 S NATOMA 10 PAPAYA ST # 404 253 GLENS TONE CIR OAKLA WN IL 60453 - CLEARWATER FL 33767 - BRENTWOOD TN 37027 - EQUIT ABLE HOLDING CO LLC EQUITABLE HOLDING CO LLC ABOOD, ROBERT G 7667 EQUITABLE DR # 201 7667 EQUITABLE DR # 20 I ABOOD, CATHERINE C EDEN PRAIRIE MN 55344 - EDEN PRAIRIE MN 55455 - 4 OAKLEAF CT SAFETY HARBOR FL 34695 - BICZ, DANIEL S HALL, ROGER W ECKALL INVESTMENTS LLC B1CZ, MARGARET C HALL, SYLVIA M 2201 4TH AVE N # 200 521 MANDALA Y AVE # 802 521 MANDALA Y AVE # 803 ST PETERSBURG FL 33704 - 4300 CLEARWATER FL 33767- CLEAR WATER FL 33767 - YOF AN, A VI GIBSON, PAUL F YOF AN, A VI YOF AN, JACQUELINE 11 SAN MARCO ST # 302 YOFAN, JACQUELINE 10 PAPAYA ST # 1202 CLEARWATER FL 33767 - 10 PAPAYA ST # 1202 CLEARWATER FL 33767- CLEARW A TER FL 33767 - MITCHELL, JEFFREY C EGAN, JOHN M EGAN, JOHN M MITCHELL, JUDY A 10 PAPAYA ST # 1604 10 PAPAYA ST # 604 327 LOTUS PATH CLEARWATER FL 33767- CLEARW A TER FL 33767 - CLEARWATER FL 33756 - GAHERTY, JOHN B SR ENTEL, ROBERT J KAHRS, CAROLYN J GAHERTY, CECILIA G 2471 JOHNNA CT KAHRS, HENRY G 5527 S PARK AVE PALM HARBOR FL 34685- 4834 QUILL CT HINSDALE IL 60521 - PALM HARBOR FL 34685 - MC DERMOTT, JAMES T WARSTLER F AMIL Y TRUST TANKEL, ROBERT L DRAPP, SHANNON M WARSTLER, ARTHUR K TRE T ANKEL, TERRI G 521 MANDALA Y DR # 904 521 MANDALA Y AVE # 905 1022 MAIN ST # 0 CLEARWATER FL 33780- CLEARWATER FL 33763- DUNEDIN FL 34698 - CLARK, TERRY M ACHARY A, RA VINDRA P M B C PROPERTIES II LLC CLARK, JANE H ACHAR Y A, KALP ANA R 4500 NORTHWOODS LN 16756 WHITES STORE RD 47 SAWMILL RD BLOOMINGTON IN 47404- BOYDS MD 20841 - DUDLEY MA 01571 - COSTAWAY LLC THW AITE, EDWARD J M C FAMILY INVESTMENTS 15 HEATH WAY THW AITE, PATRICIA LTD BARRINGTON IL 60010- 15 LOOKOUT POINT TRL 2201 4TH ST N STE 200 TOTOWA NJ 07512- ST PETERSBURG FL 33704 - 4300 WIECLA W, JOANNA POOLE, WILLIAM L III GIANFILIPPO, JOHN 14 E KENNETH AVE ROBINSON, JOHN CONNIE JR BURKETT, FRANKLIN S PROSPECT HEIGHTS IL 60070 - 3 HUNTERS CROSSING CT 1775 CEDAR WAXWING CT THE WOODLANDS TX 77381 - PALM HARBOR FL 34683 - KROLL, WOLFGANG KROLL, LILLI 521 MANDALAY AVE # 1006 CLEARWATER FL 33767- J N E BEACH CONDOS LLC 6326 MACLAURIN DR TAMPA FL 33647- MACK, DAVID A 30 JELUFF LN SOUTHPORT CT 06490- REH KEMPER, PHILIP A REHKEMPER, BARBARA A 521 MANDALA Y AVE # 1105 CLEARWATERFL 33767- MAGUIRE, P A U L 18 GOLDFINCH DR AMERICAN CANYON CA 94503 HOERNIG, OTTO W HOERNIG, JUANITA S 521 MANDALA Y AVE # 1201 CLEARWATERFL 33767- OLIVER, ROBERT OLIVER, CHARLOTTE B 521 MANDALA Y AVE # 1210 CLEARWATERFL 33767- BERG,ANNAjACOBSEN 521 MANDALA Y AVE # 1409 CLEARWATERFL 33767- KOV ACS, VIOLET K 23 ROCKAWAY ST CLEARWATER FL 33767 - 1739 RE, C JOHN PULLARA, JOSEPH A 427 LOCH DEVON DR LUTZ FL 33548 - 4282 POMS, ALAN M 521 MANDALAY AVE # 1007 CLEARWATER FL 33767- SAND KEY CONSULTING LLC 1015 NORTH RlVER WALK E CHICAGO IL 60610 - SALTZMAN, MURRAY SALTZMAN, BARBARA 1170 GULF BLVD # 306 CLEARWATER FL 33767 - CASO, RONALD CASO, BERNADETTE 3 SUTPHIN AVE MATAWAN Nj 07747- COSTAWAY LLC 15 HEATH WAY BARRINGTON IL 60010- WILLIAMS, BERNABE REVOCABLE TR WILLIAMS, BERNABE TRE 1204 SUNCAST LN STE 2 ELDORADO HILLS CA 95762- PLANES, REGINA M 32700 US HIGHWAY 19 N PALM HARBOR FL 34685 - WARD, MICHAEL S WARD, GISELLE V 407 SOUTH ROYAL P ALM WAY TAMPA FL 33609- TAYLOR, JOHN S Iff 400 MANDALA Y AVE CLEARWATER FL 33767 - 2011 CLEARWATER, CITY OF PO BOX 4748 CLEARWATER FL 33758 - 4748 WATERFRONT INVESTORS INC 100 N TAMPA ST # 1800 TAMPA FL 33602- DIMMITT , LARRY H JR 150 WILLADEL DR BELLEAIR FL 33756- MAGRATH, JAMES P MAGRATH, CAROL A 2 PRITCHARD LN WESTPORT CT 06880- PACK, JAMES D PACK,MARYB 30146 E TOPAZ DR SCOTTSDALE AZ 85258- MACK, DAVID A 30 JELLIFF LN SOUTHPORT CT 06490- FALLER, JANET L 521 MANDALA Y AVE # 1209 CLEARWATER FL 33767- NEAL, RALPH C NEAL, JULIE A 4622 OSAGE CT GREENBA Y WI 54313 - TEMA INVESTMENTS 3135 SW 3RDAVE MIAMI FL 33129 - 2711 WEST FINANCIAL CORP FORLIN1, DOMENIC AFD 808 MANDALAY AVE CLEARWATERFL 33767 - 1324 CARACO, JOSEPH IOCOLANO, FRANCO 800 S KEENE RD CLEARW A TER FL 33756 - 4630 FORLINI, DOMENIC FORLINI, FULVIA 808 MANDALA Y AVE CLEARWATER FL 33767 - 1324 VOULGARIS, APOSTOLOS VOULGARIS, ANNIKA 441 EAST SHORE DR CLEARWATER FL 33767 - 2028 C B R DEVELOPMENT II LLC 2201 4TH ST N STE 200 ST PETERSBURG FL 33704 - 4300 C B R DEVELOPMENT II LLC 2201 4TH ST N STE 200 ST PETERSBURG FL 33704 - 4300 MARYG REALTY INC 490 MANDALA Y AVE CLEARWATER FL 33767 - 2007 P K & J K INC 5020 CENTRAL AVE ST PETERSBURG FL 33707- GELEP, HELEN A EST 2020 BA YSHORE DR BELLEAIR BEACH FL 33786- 3425 CLEARWATER, CITY OF PO BOX 4748 CLEARWATER FL 33758 - 4748 PRESTON, MICHAEL G TRE 419 E SHORE DR CLEARWATER FL 33767 - 2028 CLEARWATER, CITY OF PO BOX 4748 CLEARWATER FL 33758 - 4748 PIMENIDIS, JOHN H PIMENIDIS, CHRISTINA 1651 SAND KEY ESTATES CT # II CLEARWATER FL 33767 - 2933 VOULGARIS, APOSTOLOS A VOULGARIS, ANNIKA 441 EAST SHORE DR CLEARWATER FL 33767 - 2028 C B R DEVELOPMENT rr LLC 2201 4TH ST N STE 200 ST PETERSBURG FL 33704 - 4300 C B R DEVELOPMENT rr LLC 220 14TH ST N STE 200 ST PETERSBURG FL 33704 - 4300 MANDALA Y LAND TRUST 3711 SWANN AVE TAMPA FL 33609- GELEP, MARY H GELEP, PAUL A 2020 BA YSHORE DR BELLEAIR BEACH FL 33786- 3425 HEILMAN FAMILY L TD PTNSHP 941 BAY ESPLANADE CLEARWATER FL 33767 -1002 J E C FUNDING INC PO BOX 4689 CLEARWATERFL 33758 - 4689 B J E INC 630 S GULFVIEW BLVD CLEARW A TER FL 33767 - 2642 HEILMANS RESTAURANTS INC 447 MANDALAY AVE CLEARWATER FL 33767 - 2013 SCHUTZENDORF, GILBERT H TRE ScHUTZENDORF, ALICE M TRE 19029 US HIGHWAY 19 N # B8 --- ---- --- -- - FLORIDA CLEARWATER BEACH HOTEL PO BOX 7230 DES MOINES IA 50309 - 7230 C B R DEVELOPMENT II LLC 220 14TH ST N STE 200 ST PETERSBURG FL 33704 - 4300 C B R DEVELOPMENT II LLC 2201 4TH ST N STE 200 ST PETERSBURG FL 33704 - 4300 MANDALA Y LAND TRUST 3711 SWANN AVE TAMPA FL 33609- GELEP, HELEN A EST 2020 BA YSHORE DR BELLEAIR BEACH FL 33786- 3425 HEILMANS RESTAURANTS INC 447 MANDALA Y A VB CLEARWATER FL 33767 - 2013 BRANDENBURGH, JOAN TRE 1048 IDLEWILD DR S DUNEDIN FL 34698 - 3105 J E C FUNDING INC PO BOX 4689 CLEARWATER FL 33758 - 4689 YEAROUT, JANE R YEAROUT, JANET A 806 NARCISSUS CLEARWATER BCH FL 33767- 1334 YEAROUT, JANE PRESTON, MICHAEL G TRE DAY, WILLIAM A IRE YEAROUT, JAMES 419 E SHORE DR 1968 LAKEVIEW AVE 806 NARCISSUS CLEARWATER FL 33767 - 2028 DRACUT MA 01826 - 3210 CLEARWATER BCH FL 33767- 1334 STEPHANS, SUSAN GIANNAS, SPIRO P URINO, FRANK N & NA T ALTE STEPHANS, DORIS GIANNAS, ST A THIA P TRUST 803 S GULFVIEW BLVD # 308 25745 SANTOS WAY 1627 MIDNIGHT PASS WAY CLEARWATER FL 33767 - WESLEY CHAPEL FL 33544 - CLEARWATERFL 33765- 5513 POTTER,PASCHOALENA HARTMAN, DOLORES M TRE DELETIOGLU, ISMET 463 EAST SHORE DR UTA 3-30-82 2581 1/2 N CLARK ST CLEAR WATER FL 33767 - 2033 1850 SAN MATEO DR CHICAGO IL 60614 - 1717 DUNEDIN FL 34698 - 3719 FORLINI, PAUL PIMENIDIS, JOHN H P ARKDALE LLC FORLINI, SHANNON PIMENIDIS, CHRISTINA 6141 MEARS CT 446 E SHORE DR 440 EAST SHORE DR CLEARWATER FL 33760- CLEARWATERFL33767 - CLEARWATER FL 33767 - 2031 DAY, WILLIAM A LIVING POTTER, P ASCHOALINA C FIVE OAKS SOUTH LLC TRUST PO BOX 2535 PATAPIS, STEVE EST DAY, WILLIAM A IRE SALISBURY MD 21802 - 2535 5315 BOARDW ALK ST 473 EAST SHORE DR HOLIDA Y FL 34690 - 6622 CLEARWATER FL 33767- SOLARI, HUGH CORAL INVESTMENTS OF EASON, GEORGE H SOLARI, ANN PINELLAS 409 CLARA DR 41 MADELINE ST 18316 DOLL YBROOK LN BRANDON FL 33510 - 3727 BRIGHTON MA 02135 - 2145 LUTZ FL 33549 - 5858 JONES, THOMAS A PHILLIPS, HAROLD KSIAZEK, STANLEY GOFORTH, BOB C PHILLIPS, MARGARET KSIAZEK, STANISLAWA 14 ARLINGTON ST 2459 TWINBROOKE RD 6713 W IMLAY ASHEVILLE NC 28801 - 2006 HICKORY NC 28602 - 8721 CHICAGO IL 60631 - 1711 CORAL INVESTMENTS OF CORAL INVESTMENTS OF GRUDZIEN, SLA WOMIR PINELLAS PINELLAS GRUDZIEN, TERESA 18316 DOLL YBROOK LN 18316 DOLL YBROOK LN 6713 WEST IMLAY LUTZ FL 33549 - 5858 LUTZ FL 33549 - 5858 CHICAGO IL 60631 - 1711 MAFFEZZOLI, DENNIS CESARONE, JACK L CORAL INVESTMENTS OF 19505 QUESADA AVE N # 1518 CESARONE, MARY K PINELLAS PT CHARLOTTE FL 33948 - 3114 40 HARBOR CT # 108 18316 DOLL YBROOK LN NAPERVTLLE IL 60565 - 4409 LUTZ FL 33549 - 5858 HORNUNG, NELSON MITCHELL, SALL Y P JASIULEVICIUS, ROMAS J HORNUNG, PEGGY 4 SMITH 8T 483 E SHORE DR # C-4 1401 BRIGADON DR CHELMSFORD MA 01 824 - 1702 CLEARW ATER FL 33767 - 2033 CLEARWATER FL 33759 - 2934 FOX, RALPH L III BANNAN, JOHN N MC LAUGHLIN, ANN K TRE FOX, JOAN A BANNAN, SUSAN M 72 MAPLETON ST 39 PINE RIDGE RD 5674 WENDY CIR BRIGHTON MA 02135 - 2822 BUZZARDS BAY MA 02532 - LOCKPORT NY 14094 - 6015 2118 HEALY, P A TRlCK J HEALY, PATRICK SOLENZIO, STEPHEN M HEALY, MARY HEALY, MARY 131 COMMERCIAL PKWY # 3A 19 DUNCKLEE ST 19 DUNCKLEE ST BRANFORD CT 06405 - 2539 BRIGHTON MA 02135 ~ 2116 BRlGHTON MA 02135 - 2116 CHARETTE, RALPH j & LOIS J CORAL MOTEL CONDO ASSN MC SWEENEY, JOHN J TRU INC Me SWEENEY, KATHLEEN K CHARETTE, RALPH J TRE PO BOX 1669 309 BAHAMA DR APT C 2219 TAMPA RD CLEARWATER FL 33757 - 1669 NOR WOOD MA 02062 - 3830 PALM HARBOR FL 34683- CORAL INVESTMENTS OF MANDALA Y BEACH CLUB MANDALAY BEACH CLUB LTD PINELLAS CONDO ASSN 2201 4TH ST N # 200 18316 DOLL YBROOK LN 2201 4TH ST N # 200 ST PETERSBURG FL 33704 - 4300 LUTZ FL 33549 - 5858 ST PETERSBURG FL 33704 - 4300 MURRAY, SUSAN L HARMON, THOMAS S JR HALLERAN, EDWARD M 902 ANCHORAGE RD HARMON, DEANNE L SIKA, STEPHEN TAMPA FL 33602 - 5754 3321 W SEVILLA AVE 11 SAN MARCO ST # 303 TAMP A FL 33629 - CLEARWATERFL 33767 - 2060 BROMBOZ, JONATHAN BARRETT, WILLIAM T DELLA TERZA, ROBIN BROMBOZ, VICKI BARRETT, SHEILA M DELLA TERZA, JAMES 11 SAN MARCO ST # 304 11 SAN MARCO ST # 306 10 CYPRESS DR CLEARW A TER FL 33767 - 2060 CLEARW A TER FL 33767 - 2060 CEDAR KNOLLS NJ 07927 - CHRISTOPHER, WILLIAM M KELLY, THOMAS L TRE ECKALL INV CO CHRISTOPHER, SHEILA M KELLY, KATHLEEN F TRE 8155 ELBOWLNN PO BOX 965 11 SAN MARCO ST # 401 ST PETERSBURG FL 33710 - 4325 BURNSIDE KY 42519 - 0965 CLEARW ATER FL 33767 - 2060 PILATO, SAM A MORRIS, MARY J HULLING, DON C PILATO, TALMA 21 MCCALL RD HULLING, TRICE 0 3257 NICKS PL WINCHESTER MA 01890 - 3711 14008 SHADY SHORES DR CLEARWATER FL 33761 - 2017 TAMPA FL 33613 - 1931 PITTMAN, C CHRISTOPHER THW AITE, EDWARD W RODWELL, ERIC V PITTMAN, KAREN G THWAITE, PATRICIA A RODWELL, DONNA M 1099 SHIPW A TCH CIR 15 LOOK OUT P01NTE TRL 11 SAN MARCO ST # 408 TAMP A FL 33602 - 5736 TOTOW A NJ 07512 - 1611 CLEARWATER FL 33767 - 2060 MOHR, GREGORY A LORDEN, HEIDI M TRE SOBEL, KATHY MOHR, KATHLEEN L PO BOX 651 2997 KENSINGTON TRCE 2873 ROEHAMPTON CLOSE TOWNSEND MA 01469 - 0651 TARPON SPRINGS FL 34688- TARPON spas FL 34688 - 8426 8457 PODGURSKI, MICHAEL A MOUUS, JAMES M ROWLAND, CLARENCE E III PODGURSKI, LINDA G MOUUS, SUSAN B HORVATH,KLARA 1125 W POWDERHORN RD 3302 ROCKY BEACH RD 16132 ARMISTEAD LN MACHANICSBURG PA 17050- MC HENRY IL 60051 - 9669 ODESSA FL 33556 - 3303 2007 NEUWOLF PARTNERS MALACHOWSKI, JERRY PERTILE, RICHARD K 2100 CLEARWATER DR MALACHOWSKI, DOROTHY PERTILE, DEBORAH J OAK BROOK IL 60523 - 1927 1426 SEMAR CT 1137 MARINA DR MOUNT PROSPECT IL 60056- TARPON SPRINGS FL 34689 - 2984 6713 ROWLAND, CLARENCE E III ZAKHARY, A TEF S WELLS, DARCY L HORVATH, KLARA 11 SAN MARCO ST # 603 NALEY, STEVE W 11 SAN MARCO ST # 602 CLEARWATER FL 33767 - 2060 705 BA Y ESPLANADE AVE CLEARWATER FL 33767 - 2060 CLEARWATER FL 33767 - 1409 NORDS, KEVIN SILVESTER, MARK R D'AMORE, EUGENE R 11816 MARBLEHEAD DR SILVESTER, AMANDA A 11 SAN MARCO ST # 607 TAMPA FL 33626 - 2553 THE OAST STUNTS GREEN CLEARWATER FL 33767 - 2061 HERSTMONCEUX EAST ESSEX BN274PN 00003- - - - - ~ ~ -- -- SAYER, DAVID L MOMESSO, NORELLA N JOPPERT, MARCOS BAYER, PAMELA R 10 JONQUILLE SNODGRASS, SUSAN M 710 DUNSCORE CT KIRKLAND QC H9H 5A3 00030- 5010 W THE RIVIERA ST ROSWELL GA 30075 - CANADA TAMPA FL 33609 - 3613 LA BELLE ELECTRIC INC IYER, VENKIT S BROWN, SHERMAN 0 24546 21 MILE RD IYER, LAKSHMI V BROWN, ANDREA D MACOMB MI48042 - 5111 3469 SHORELINE CIR 11 SAN MARCO ST # 705 PALM HARBOR FL 34684 - 1727 CLEARWATER FL 33767 - 2061 HILDEBRANDT, MARK TRE MINA, GEORGE I ZIUSCH, BARBARA L TRE 33 OLD LAKE RD M1NA, AMAL A 11 SAN MARCO ST # 708 HAWTHORN WOODS IL 60047- 4783 EDGE PARK DR CLEARWATER FL 33767 - 2061 8018 OLDSMAR FL 34677 - 4845 MAJEWSKI, DENISE M TRE MANDALA Y 802 KER, G CAMERON SCHNEIDER, CHRISTINE J PO BOX 120 KER, LISA A 43 LAKE ADAL YN DR S BLOOMINGDALE IL 60108 - 0120 2426 BUTTERNUT CT SOUTH BARRINGTON IL 60010 - DUNEDIN FL 34698 - 2252 9542 GREENBERG, ROBYN B KA1ZER, JEFFREY R KOKOMO PROPERTIES LLC 1306 PRESERVATION WAY KAIZER, LISA B 657 SOUNDVIEW DR OLDSMAR FL 34677 - 4824 3303 LEGAL CREST DR PALM HARBOR FL 34683 - LONGWOOD FL 32779 - ALIDINA, ARIF A FISHER, PAMELA DENTICE, JOSEPH F TRE ALIDINA, NOORA FISHER, NELSON J DENTICE, ELLEN LIRE 11 SAN MARCO ST # 807 817 BUNKER VIEW DR 5053 LAKEVIEW CT CLEARWATER FL 33767 - 2062 APOLLO BEACH FL 33572 - 2812 OCONOMOWOC WI 53066- KLEINBERG, MIL TON M AXEL, JONATHAN P TRE EPSTEIN, jOEL KLEINBERG, MARSHA A AXEL, CORAL S TRE EPSTEIN, DIANE A 6034 COUNTRY CLUB OAKS PL 5201 LAUREL POINT RD 40 DEERPATH CT OMAHA NE 68152 - 2009 V ALRICO FL 33594 - 8280 OLDSMAR FL 34677 - 2054 CRANOR, DA V1D K PAULL, DENNIS M CORE, CHRIS W CRANOR, TOW ANA K PAULL, DIANE P 124 CHARTWELL 18142 LONGW A TER RUN DR 10104 RADCLIFFE DR BEACONSFIELD QC H9W lC3 TAMPA FL 33647 - 2211 TAMPA FL 33626 - 2512 00030 - CANADA ALONSO, ARMANDO GRANT, ERIC BARYLAK, EDWARD j ALONSO, SHARON 1004 ROY AL PASS RD BARYLAK, CHRYSTINA 36007 LAKE UNITY NURSERY TAMPA FL 33602 - 5708 3132 BRANCH RIVER RD RD MANITOWOC WI 54220 - 8717 FRUITLAND PARK FL 34731 - - - LOCKETT, THERESA TAYLOR, DAVID R BA UER, CHARLES L 11 SAN MARCO ST # 1003 W ALTERS, JAMES BAUER, JANET W CLEARWATER FL 33767 - 2062 11 SAN MARCO ST # 1004 11 SAN MARCO ST # 1005 CLEARWATER FL 33767 - 2062 CLEARWATER FL 33767 - 2062 MILLINGTON, CHARLES J SAID, NADER SOTEREANOS, STELLA MILLINGTON, mLIA B SAID, HALA SOTEREANOS, STACEY 11 SAN MARCO ST # 1006 11 SAN MARCO ST # 1007 307 S DITHRIDGE # 808 CLEARWATER FL 33767 - 2062 CLEARWATER FL 33767 - 2069 PITTSBURGH PA 15213 - 3519 GREEN, RICHARD JR PECORARO, ERNEST A CRANOR, DA vrD K GREEN, KAREN M PECORARO, NYDIA CRANOR, TOW ANA K 110 SAN MARCO ST # 1101 11 SANMARCOST# 112 18142 LONGWATER RUN DR CLEARWATER FL 33767- CLEARWATER FL 33767- TAMPA FL 33647- SOBOTKA, JOSEPH J SPARKS, SUSAN M CRUDELE, MICHAEL J SOBOTKA, SYLVIA R 11 SANMARCO ST N # 1105 CRUDELE, SHIELA M 52 THOROUGHBRED DR CLEARWATER FL 33767 - 2069 1516 FOX HILL PL HOLLAND P A 18966 - 2570 V ALRICO FL 33594 - 4021 PERNICE, SALVA TORE J HALE, CAROLYN SMITH SMITH, MERLE W PERNICE, BARBARA F FIELDS, ELIZABETH SMITH SMITH, DIANA T 3 N 614 CENTRAL CT 1107 CONCORD 8T 11 SAN MARCO ST # 1201 ADDISONIL60101- CHATTANOOGA TN 37405- CLEARWATER FL 33767 - 2069 SAMPSON, THOMAS A ANDERSEN, LARRYE NOVICKY, STEVEN D SAMPSON, CAROLYN L 2156 BASSWOOD DR NOVICKY, KlMBERL Y M 11 SAN MARCO ST # 1202 LAP A YETTE HILL P A 19444- 5850 DEER SPRING RUN CLEARWATER FL 33767- 2328 CANFlELD OR 44406 - CUNNINGHAM, TODD W SERAG, SHERIF KNOWLTON, JOHN P TRE 9703 RHAPSODY DR LEWIS-SERAG, MARA KNOWLTON, CATHIE L TRE VIENNA VA 22181 - 11 SAN MARCO ST # 1206 W180 N8217 DESTTNY DR CLEARW A TER FL 33767 - 2075 MENOMONEE FALLS WI 53051- 3503 P APP AS, PETER C NOVOGRATZ, JOSEPH BEHESHTI, AU 225 ROBINSON ST # 540 7667 EQUITABLE DR BEHESHTI, T ARAN EH ORLANDO FL 32801 - 4321 EDEN PRARIE MN 55344 - 3696 11 SAN MARCO ST # 1402 CLEARW A TER FL 33767 - 2075 MARCO, SAN TRUST KARTES, BOB GAREL-JONES, PHILIP TRE CHASE, WALTER W BEN KARTES, MARIA GAREL-JONES, BEATA TRE 11 SAN MARCO ST # 1405 11 SAN MARCO ST # 1406 120 LANSDOWNE RD S CLEARWATER FL 33767- CLEAR WATER FL 33767 - 2075 OTTAWA ON K1M ON4 00030- CANADA CRYSTAL CLEAR CHRISTOPHER, TODD C SMITH, DONALD F TRE ENTERPRISES CHRISTOPHER, WANDA SMITH, MARY H TRE BOSQUE DE REFORMA # 831 11 SAN MARCO ST # 1505 11 SAN MARCO ST # 1506 DOSQUES DE LAS LOMAS CLEARWATERFL 33767 - 2075 CLEARWATER FL 33767 - 2075 MEXICO CITY 00002- - ----- - ~ VITO LA, JOHN R ROSCOE, GREGORY J KEIR, LEONARD VITO LA, GEORGINE A ROSCOE, LINDA L KEIR, BERNTRUD 218 S BROAD ST PO BOX 308 11 SAN MARCO ST # 1605 BROOKSVILLE FL 34601 - 2832 DUBOIS PA 15801 - CLEARW A TER FL 33767 - 2076 TSANGARIS, WILMA B STENBERG, ANDREW CLEARWATER REAL EST A TE TSANGARIS, NICHOLAS to PAPAYA ST # 301 HLDGS 11 SAN MARCO ST # 1606 CLEAR WATER FL 33767 - 2040 PO BOX 14184 CLEARWATER FL 33767 ~ 2076 TAMPA FL 33690 - 4184 BAUER, CHARLES LPROPLTD LATCH TRUST MAROTTOLI, ANTHONY 6106 WADE ST 43 CLOUD VIEW RD lOP AP A Y A ST # 306 LEESBURG FL 34748 - 8099 SAUSALlTO CA 94965 - 2006 CLEARWATER FL 33767 - 2040 JOHNSON 2003 LIV TRUST JOHNSON, GEORGE A TRE 10 PAPAYA ST # 401 CLEARWATER FL 33767- DIORIO, RONALD L DIORIO, SANDRA R 3944 NORTH FIELD DR BELLBROOK OH 45305 - 8802 GRIECO, DANIEL J II GRIECO, DIANE Y 10 PAPAYA ST #404 CLEARWATER FL 33767 - 2040 DORSCH, DANIEL J DORSCH, CYNTHIA P 6326 W MACLAURIN DR TAMPA FL 33647 - 1163 HANNA, ASHRAF F HANNA, MIRANDA Z 3509 SHORELINE crR PALM HARBOR FL 34684 - 1727 GRUBER, CRAIG M 10 PAPAYA ST APT 502 CLEARWATER FL 33767 - 2040 SCHAEFER, RANDY TRE 3225 S MACDILL AVE # 268 TAMPA FL 33629 - 8171 SHIVERS, EDWARD T SHIVERS, HAZEL E lOP AP A Y A ST # 505 CLEARWATER FL 33767 - 2040 BOULTON, CARLOS A BOULTON, ANN-MARIE 15 KELL YS TRL OLDSMAR FL 34677 - 1919 MENKE DEV 1053 ST GREGORY ST CINCINNATI OH 45202 - 1733 RUKAVINA, JAMES RUKA VINA, D1ANNE BOX 6448 EDSON AB T7E 1 T8 00030- CANADA AUGUSTINE, RICHARD J 999 PLAZA DR STE III SCHAUMBERG IL 60173 - 5403 DOWNS, JANE SZAREK, LENARD JOHNSON, ROBERT 50 JONATHAN DR SZAREK, CHRISTINE 10 PAPAYA ST # 603 NEW ULM MN 56073 - 3343 907 ROLLING LN CLEARWATER FL 33767 - 2040 JOHNSBURG IL 60051 - 9676 WILSON, CHRISTINE CHRISTOLINI, CHARLES JR GENDRON, JOHN R DEFERRARI CHRISTOLINI, DARLENE E 10 PAPAYA ST # 606 WILSON, MARK A 1759 MOREY RD CLEAR WATER FL 33767 - 136 HARBOR DR SHELDON VT 05483 - 8343 PALM HARBOR FL 34683 - 5403 BIENSTOCK, JOSEPH S TOUCHTON, W ALTER W TRE KOTCHMAN, CASEY J TRE BIENSTOCK, PHYLLIS TOUCHTON, JO ANN H TRE 8442 125TH CT 10 PAPAYA ST # 701 lOP AP A Y A ST # 702 SEMINOLE FL 33776 - CLEARWATER FL 33767 - 2054 CLEARWATER FL 33767 - 2054 HILL, ANNE M TRE GILBERT, DONNA J COX, THOMAS 0 2510 S DUNDEE ST GILBERT, HAROLD E COX, SHARON K TAMPA FL 33629 - 6411 10 PAPAYA ST # 705 10 PAPAYA ST #706 CLEARWATER FL 33767 - 2068 CLEAR WATER FL 33767 - 2068 ROWLAND, CLARENCE E III ROSSDALE MGMT INC CHALAVARYA, GOPAL 2112 WATERS AVE 120 LANSDOWNE RD S CHALAVARYA,SADHNA TAMPA FL 33604 - 2748 OTTAWA ON K1M ON4 00030- 1510 JASMINE AVE CANADA TARPON SPRINGS FL 34689 - 5242 COLLINS, WALTER W BAIR, TED J COLLETTE, JAMES A 9813 COMPASS POINT WAY 235 WINDW ARD PSGE VAUSE, ROBERT W TAMPA FL 33615 - 4218 CLEARWATER FL 33767- 10 PAPAYA ST # 806 CLEARWATER FL 33767 - 2068 WARD, MICHAEL S KAESTNER, JOHN T PARADES, ANTONIO M WARD, GISELLE V KAESTNER, JOANN M 10 PAPAYA ST # 903 407 S ROYAL PALM WAY 777 CARMAN MEADOWS DR CLEARW A TER FL 33767 - 2055 TAMPA FL 33609 - 3728 BALLWIN MO 63021 -7174 DA VIS, DEXTER C REINHARDT, MARK HANNA, VICTORIA ALEXANDER-DAVIS, LISA REINHARDT, CONNIE K HANNA, A TIF 5806 GALLEON WAY N3080 MEADE ST 29W 471 SUNS ET RIDGE RD TAMPA FL 33615 - 3634 APPLETON WI 54913 - 9571 BARTLETT IL 60103 - W ANDACHOWICZ, BOGDAN GONZALEZ, EDWARD FERRELL, CLIFFORD N 10PAPAYAST# 1001 GONZALEZ, MARITZA FERRELL, ROSEMARIE A CLEARWATER FL 33767 - 2055 9400 LAWS RD 2328 COLGATE DR CLERMONT FL 347 14 - 9262 FAYETTEVILLE NC 28304 - FLORIN, WOLFGANG M HYDUK, RANDY POWELL, BARBARA J FLORIN, SUSAN HYDUK, APRIL 5401 SA YSHORE BLVD # P 1883 LEXINGTON PL 20539 COUNTRYS1DE DR TAMPA FL 33611 - 4137 TARPON SPRINGS FL 34688 - MACOMB Ml48044 ~ 3589 4965 MUDD, JAMES A MUDD, CECEUA K 6919 CHANCELLOR DR CEDAR FALLS IA 50613 - 6956 RECEVEUR, RONALD L 6012 REGAL SPRINGS DR LOUISVILLE KY 40205 - 3319 ELSAKR, ASHRAF ELSAKR, MONA 808 SMOKERISE BLVD PORT ORANGE FL 32127 -7783 RIGBY, GREGORY S RIGBY, CAROLE J 124 OWASCO ST AUBURN NY 13021 - 4114 COMPTON, HAROLD F SR COMPTON, VICKI L 5712 SANDALWOOD DR PLANO TX 75093- TURLEY, STEWART TURLEY, LINDA A 10 PAPAYA ST # 1504 CLEARWATER FL 33767 - 2057 SUN HARBOR CONDO ASSN INC 479 E SHORE DR APT 6 CLEARWATER FL 33767 - 2039 CITRUS COUNTY INVESTMENTS INC 905 DELA WARE ST SAFETY HARBOR FL 34695- 3840 GUIRGUIS, SAID N GUIRGUIS, MINERVA J 202 MONTFORD HALL CARY NC 27519 - 9412 Coral Resort Condominium 483 East Shore Dr Clearwater. FL 33767 O'HANLEN, PETER O'HANLEN, TERRIE 10 PAPAYA ST #1102 CLEARWATER FL 33767 - 2056 J & M PROP APOLLO BEACH 907 BUNKER VIEW DR APOLLO BEACH FL 33572 - 2813 YOF AN, ABRAHAM REAL EST A TE TRU YOFAN, AVI TRE 10 PAPAYA ST # 1202 CLEARWATER FL 33767 - 2056 ZAMANI, SAM S FEIZIPOUR, MAHV ASH 1957 LOGAN MANOR DR RESTON VA 20190 - 3276 ENGEBRETSEN, ARDEN B ENGEBRETSEN, ELEANORE A 10 PAPAYA ST # 1404 CLEARWATER FL 33767 - 2058 AJA Y ENDEAVORS INC 12190 CONTEL BLVD BROOKVILLE FL 34613- JOHNSON, WILLIAM L 479 EAST SHORE DR # 1 CLEARWATER FL 33767 - 2039 TILLY, CARL H TILL Y, JILL E 436 COUNTRY CLUB RD BELLEAIR FL 33756 - 1005 FULTON HOMES INC 70 GIBSON DR UNIT 13 MARKHAM ON L3R 4C2 00030- CANADA Clearwater Beach ASSOCiation Jay Keyes 100 Devon Dr Clearwater, FL 33767 BURGESS, PATRICIA M GRIMM, THOMAS L 3234 N 7TH ST W AUSAU WI 54403 - 3007 ANGELOCCI, RANDY CROSSLAND, RICHARD 10 PAPAYA ST # 1106 CLEARWATER FL 33767 - 2056 PAPAYA TRUST 11 SAN MARCO ST # 1405 CLEARWATER FL 33767 - PETERS, MICHAEL L PETERS, STEPHANIE S 3 JESSIE DR BINGHAMTON NY 13901 - 6019 MOLLER, ANDREW K 12175 OXBOW DR EDEN PRAIRIE MN 55347 - 4261 EGAN, LYNNE A 10 PAPAYA ST # 1604 CLEARWATER FL 33767 - 2057 LAWSON, PETER S 479 EAST SHORE DR # 2 CLEARWATER FL 33767 - 2039 TILLY, MARK A DEL ROSE, MARYELLEN 266 LYNDHURST ST DUNEDIN FL 34698 - 7578 CHIA V A TTI DEVELOPMENT INC 7725 BIRCHMOUNT RD # 37 UNIONVILLE ON L3R 9X3 00030 Clearwater Neighborhoods Coalition Doug Williams, PreSident 2544 FriSCO Dr Clearwater, FL 33761 ",00 ,- Check list for COB Aaenda & Application sent to Citv Clerks Office FLD2004-09072 483 Mandala v Avenue ApplicatIon Form Parcel IdentificatIOn Numbers COpy of 400 sca e InQ Atlas with property outlined and 500' radius hand drawn from outSide penmter of site , Sherry Watkins t\.-\> ra-\J INITIALS V ~ ~ =Z "l: f' "I, FLD2004-09072 483 MANDALA Y AVE Date Received: 09/29/2004 PELICAN WALK GARAGE AND CONDOS ZONING DISTRICT: T LAND USE: RFH ATLAS PAGE: 267A PLANNER OF RECORD: MHR C L W CoverSheet ~, ClearWater Planning Oepa 1t 100 South Myrtle Avenue Clearwater Floflda 33756 relepholle 727-562-4567 Fax 727-562-4865 CASE # DA TE F\ ,'VED RECEIVE:u BY (staff initials) ATLAS PAGE # ZONING DISTRICT LAND USE CLASSIFICATION SURROUNDING USES OF ADJACENT PROPERTIES NORTH SOUTH WEST EAST - "---"-:-'-'''.~.-''.../-~''-''~ u ~~-y,.~; o SUBMIT ORIGINAL SIGNED AND NOTARIZED APPLlCA1ION o S U BM IT 14 COPT ES 0 F TH E ORIG I NAL APPLI CA 11 ON Illel udlng 1) Collated 2) stapled and 3) folded sels of SITe plalls SUBMIT APPLICATION FEE $ 1 z~ I o * NOTE 15 TOTAL SETS OF INFORMATION REQUIRED (APPLICATIONS PLUS SITE PLANS SETS) FLEXIBLE DEVELOPMENT APPLICATION ComprehensIVe InfilI Redevelopment ProJed (Revlsed 10-10-2003) ~PLEASE TYPE OR PRINT ~ use addJl1Ona] sheets as necessary A APPLICANT, PROPERTY OWNER AND AGENT INFORMATION (Section 4-202 A) APPLICANT NAME BJE,INC MAl LI NG ADDRESS 630 S G UlFVIEW BLVD, C LEARW A TER, FL 33767 E-MAIL ADDRESS PHONE NUMBER 727-504-2404 CELL NUMBER FAX NUMBER 727-461-9300 PROPERTY OWNER (5) BJE, rNC AGENT NAME (S) KEITH ZAYAC & ASSOC MAILING ADDRESS 701 ENTERPRISE ROAD EAST, SAFETY HARBOR, 34695 E-MAIL ADDRESS KEITH @KEITHZAYAC COM PHONE NUMBER 727-793-9888 CELL NUMBER FAX NUMBER 727-793-9855 B PROPOSED DEVELOPMENT INFORMATION: (Code Section 4-202 A) STREET ADDRESS of subject site 483 MANDAlAY AVENUE LEGAL DESCRIPTION SEE ATTACHED LEGAL DESCRIPTION PARCEL NUM8ER 08 1 29- 115) _1643ALOQ1 { 0020 PARCEL SIZE 1 685 ACRES - 73,379 S F (Acres, square feet) PROPOSED USE AND SIZE PARKING GARAGE & 28 CONDOMINIUMS ON-TOP EXISTING RETAil (Number of dwelling Units holel rooms or square foolage of nonresldenllal use) DESCRIPTION OF REQUEST (S) SEe ATTACHMENT "A" Attach sheets and be speCific when Identllymg the requesl (Include all requested code deviations e 9 reduction m required numbe' Of park,ng spaces speCific use elc) Page 1 of 7 - FleXible Development Appllca\lol"'l - Comprehemllve Infill Redevelopment ProJecl- City of Clearwater DOES TH)S A'""'PLlCATION INVOLVE THE TRA' DE'0ELOPMENT OR A PREVIOUSLY APPRO\ ~"'R OF DEVELOPMENT RIGHTS (TOR), A PREVI- ~I_Y APPROVED PLANNED UNIT '::ER1IFIED) SITE PLAN? YES NO X (If yes h a copy of the applicable documert!s) C PROOF OF OWNERSHIP (Section 4-202 A) ,."~L SUBMIT A COPY OF THE rlTlE INSURANCE POLICY DEED TO THE PROPERTY OR SIGN AFFIOAVI r ArrESTING OWNERSHIP (see page 6) D WRITTEN SUBMITTAL REQUIREMENTS (Section 3-913 A) r Provide complete resportses to the SIX (6) GENERAL APPLICABILITY CRITERIA - Explam how each criteria IS achieved In detail The proposed developmert! of the land will be In harmony with the sea Ie, bulk, coverage, denSity and cha racter of adjacent properties In which It IS located SEE ATTACHMENT "B" 2 fhe proposed development WIll not hinder or discourage the appropriate development and use of adJacent land and bUildings or slgnlflcanlly Impair Ihe value thereof SEE ATTACHMENT "B" 3 The proposed development Will not adversely affect the health or safety or persons residing or workmg m the neighborhood of the proposed use SEE ATTACHMENT "B" 4 The proposed development IS deSigned to mlfllrnlze traffic congestion SEE ATTACHMENT "B" 5 The proposed development IS consistent With the community character of the Immediate VIClfllty of the parcel proposed for development SEE ATTACHMENT "B" 6 The deSign of the proposed development minimizes adverse effects, mcludmg visual, acoustic and olfactory and hours of operation Impacts, on a.9JaCent properties SEE ATTACHMENT "B" ~ ProVide complete responses to the ten (10) COMPREHENSIVE INFILL REDEVELOPMENT PROJECT CR!TERIA (as applicable) - Explain how each c.r!te!11US acbleved m get.;J11 n1j~-deYeJopmeJ11-pr redevelopment pf-th!'l paJC!'l1 proposed-for-deyelopm_ent-l$ otheJwlse'Jmpractlcal "",lthouJ devlatlons-f~om-lhe J.lse, mtenslty and development standards SEE ATTACHMENT ~C" Page 2 of 7 - FleXible Development Application - ComprehenSive Infill Redevelopment PrOJect- City of Clearwater 2. rile dev::lopment of the parcel proposed reduce the lair market value of abuttlrlg Improvements) >velopment as a comprehensive Irlflll redevelopfl' ,Jertles (Include the eXlstlrlg value of the site al oJect or resldentla I mfili proj ect will not e proposed value of tile site With the SEE ATTACHMENT "C" 3 The uses within the comprehenSive mllll redevelopment prolect are otherwise permitted In lhe City of Clear.vater SEE ATTACHMENT "C" 4 The uses or mix of use wlthm Ihe comprehensive Irlfill redevelopment project are compatible with adjacent land uses SEE ATTACHMENT "C" 5 SUitable sites for development or redevelopment of the uses or miX ot uses within the comprehenSive Infill redevelopment project are not other.vlse available In the City of Clearwater SEE ATTACHMENT ~C" 6 The development of Ihe parcel proposed for development, as a comprehenSive Inflll redevelopment project will upgrade the Immediate VIClrllty of the pa reel proposed for sevelopment SEE ATTACHMENT "C" 7 The deSign of the proposed comprehensive InM redevelopment project creates a form and function that enhances the community character ot the Immediate VIClnlty of the parcel proposed for development and the Clly of Clearwater as a whole SEE ATTACHMENT uC" 8 FleXibility Irl regard to lot Width, reqUired setbacks height and off-street parklrlg are Justified by the benefits to community character and Ihe Immediate VICinity of the parcel proposed for development and Ihe City of Clearwater as a whole SEE ATTACHMENT "C" 9 Adequate off-street parking In the Immediate VICinity according to the shared parking formula In DIVISion 14 of Article 3 Will be available to aVOid on-street parking In the immediate VICinity of parcel proposed for development SEE ATTACHMENT "Cu 1 0 The deSIgn of all bUIldings complies With the TOUrist District or Downtown Dlstnct deSign guidelines In DIVISion 5 0/ Article 3 (as applicable) Use separate sheets as necessary SEE Aff-ACHMENT"C" Page 3 of 7 - FleXible Development Application ComprehenSive In/III Redevelopment ProJect- City of Clearwaler i4 E SUPPLEMENTAL SUBMITTAL KF"I)IREMENTS (Code Section 4-202 A) p ~ SIGNED AND SEALED SURVEY (Including legal descnpllon of property) - One anginal and 14 COpieS, TREE SURVEY (mcludlllg eXisting trees on sIte and within 25 of the adjacent site, by speCies, size (DBH 4" or greater) and location locludlng drip llIles and lodlcatrng Irees to be removed) - please deSign around the eXlsllng trees, Q i o LOCATION MAP OF THE PROPERTY, PARKING DEMAND STUDY In conJuncllon with a request to make devlallons to the parking standards (I e Reduce number of spdces) PrIOr 10 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 engmeerrng principles The findings of the study Will be used rn determrnlng whether or not deViations to the parkmg standards are approved GRADING PLAN, as applicable o PRELIMINARY PLAT, as required (Note Buildrng permits Will not be Issued until eVidence of lecordrng a final plat IS provided) o COPY OF RECORDED PLAT as applicable, ~ l!- F SITE PLAN SUBMITTAL REQUIREMENTS. (Section 4-202 A) alJ , SITE PLAN With Ihe follOWing mformahon (nol to exceed 24" X 36") All dimenSions North arrow Englneenng bar scale (minimum scale one IIlch equals 50 feet), and date prepared, Location map Index sheet referencmg mdlvldual sheets Included In pack.age, Footprint and size of all EXISTING bUildings and structures Footprint and size of all PROPOSED bUlldlllgs and structures, Include floor plates on multi-story bUildings, All required setbacks, All eXisting and proposed pomls of access, All reqUired Sight tnangles Identification of environmentally ufllque areas, such as watercourses, weliands, tree masses, and specimen trees, Includmg descrrptlon and location of understory, ground cover vegetatIOn and Wildlife habitats, etc, Location of all public and pnvate easements, Location of all street flghts-of-way Within and adjacent to the Site, location of eXisting public and private utilities, Including fire hydrants, storm and sanitary sewer lines manholes and 11ft stations gas and water lines, (* Note Per Section 3-911, all utilities shall be located/relocated underground) All parking spaces, dnveways, loading areas and vehicular use areas, Includmg handicapped spaces, Depiction by shadmg or crosshatching of aU reqUired parking lotlnlenor landscaped areas, Location of alt solid waste contamers, recycling or Irash handling areas and outside mechafllcal equipment and all reqUired screefllng {per Section 3-201 (0)(1) and Index #701} Location of ai/landscape material, locallon of all JUrisdictional lines adjacent to wetlands location of all on sIte and off site storm-water management faCilities Locallon of all outdoor lighting fixtures, and Location of all eXlstmg and proposed Sidewalks SITE DATA TABLE for eXlstmg, reqUired, and proposed development, III wntten/tabularform land area III square feet and acres, Number of EXISTING dwelling units, Number of PROPOSED dwelling umts, Gross floor area devoted to each use, Parkmg spaces total number, presented In tabu lar form With the number of reqUired spaces, Total paved area, including all paved parking spaces and driveways, expressed In square feet and percentage of the paved vehicular area, Size and species of all landscape materrat 9ffLcI9Il~cords book and-pag~-numb.!lfs of all eXisting utility easement, BlJlldmg and structure heights, - Impermeable .surface raiio-(I-S R f and - . -- Floor area ratio (F A R ) for all nonresidential uses FOR DEVELOPMENTS OVER ONE ACRE, prOVide the followmg addltlOnallllformatlon on site plan One-foot contours or spot elevations on Site, Offslte elevations If reqUired to evaluate lhe proposed stonnwater management for the parcel, All open space areas Location of all earth or water relalfllflg walls and earth berms, Lot lines and bUildlflg lines (dimensioned), Streets and drives (dimensioned) BUltdmg and structural setbacks (dimensioned) Strucluraloverhangs, Tree Inventory prepared by a "certified arborlst", of all trees 8" DBH or greater, reflecting Size, canopy (drip lines) and condition of such trees Page 4 of 7 - FleXible Developmenl Application - ComprehenSive Inflll Redevelopment PrOJect- City Of Clearwater ~ -d o o G, ,LANDSCAPING PLAN SUBMITTP 'EQUIREMENTS (Section 4-1102 A) LANDSCAPE PLAN All eXisting and proposed struclures, Names of abultlng streets Dramage and retention areas mcludmg swales, side slopes and bottom elevations, Dellfleatlon and dimensions of all required penmeter landscape buffers Sight 'JISlblllty tnangles DelineatIOn and dimenSions of all parkmg areas Includlflq landscaping Islands and curbing Proposed and required parking spaces EXISllflg trees on-site and Immediately adjacent to the site by speCies, size and locations, Iflcludmg drlphne (as Ind]cated on required tree survey) Plant schedule with a key (symbol or label) Indicating the size description, speCifications and quantities of all eXistmg and proposed landscape maleflals, including botanical and common names Locallon size and quantities of all eXlstrng and proposed landscape mateflals, md]cated by a key relating 10 the plant schedule, Typical planting details for trees, palms, shrubs and ground cover plants including instructions so]1 mIxes backfilling, mulching and protective measures, Intenor landscapmg areas hatched and/or shaded and labeled and IIlterror landscape coverage, expressing In both square feet and percentage covered CondItions of a prevIOus development approval (e 9 condlllons Imposed by the Community Development Board), Irrigation notes REDUCED LANDSCAPE PLAN to scale (8 Yo X 11), In color IRRIGATION PLAN (reqUired for Level Two and Three applicatIons) COMPREHENSIVE LANDSCAPE PROGRAM application as applicable H. STORMWATER PLAN SUBMITTAL REQUIREMENTS (City of Clearwater DeSIgn Cnteria Manual and 4-202 A 21) o STORMWA TER PLAN mcludlng the follOWing reqwements (~\? Tl+-k::~"'" EXisting topography extendmg 50 feet beyond all property lines, - ) Proposed grading IIlcludlng fllllshed floor eIevallons of all structures, All adjacent streets and munlclp-",J storm systems, Proposed stormwater detentlonlretentron area Includlllg top of bank toe of slope and oullet control structure, Stormwater calculations for attenuation and water Quality Signature of FlOrida registered ProfeSSional Engineer on all ptans and calculations jl COpy OF PERMIT lNQUIRY LETTER DR SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT (SWFWMD) PERMIT SUBMJTIAL (SWFWMD approval IS reqUired pnor to Issuance of CIty BUilding Permit), If apphcable o COpy OF STATE AND COUNTY STORMWATER SYSTEM TIE-IN PERMIT APPLICATIONS, if applicable .~ ~ BUILDING ,ELEVATJON PLAN SUBMITTAL REQUIREMENTS (Section 4~202_A.23) ReqUired III the event Ihe appllcallon IIlcludes a development where des!gn standards are III issue (e g TOUrist and Downtown Dlstrrcts) or as part of a ComprehenSive Infill Redevelopment Project or a Resldentlallnfill Project BUILDING ELEVATION DRAWINGS ~ all Sides of all bUlldlllgs IIlcludlng heIght dimenSions colors and mateflals REDUCED BUILDING ELEVATIONS - four Sides of bUIlding With colors and materials to scale (8 Yo X 11) (black and white and color rendering, If pOSSible) as reqUired J SIGNAGE (DIVISion 19 SIGNS I Section 3-1806) {<?6?lr~J1'l"E '7 ~ I f17\z- o All EXISTING freestanding and attached signs, PrOVide photographs and dimensions (area, height, etc) IIldlcale whether they Will be removed or to remaIn o All PROPOSED freestandlllg and attached signs PrOVide details mcludlllg location Size, height, colors, matenals and drawlIlg freestandlllg signs shall Iflclude the street address (numerals) o ComprehenSive Sign Program application, as applicable (separate application and fee reqUired) o Reduced slgnage proposal (8 Yo X 11) (color), If submitting ComprehenSive Sign Program application Page 5 of 7 - FleXible Development Application - ComprehenSive Infill Redevelopment ProJect- City of Clearv.rater ..... K TRAFFIC IMPACT 8 TUOY: (atdion ....202.A.13 and ~1 Cl o Include lIll roqulred If pl"opoucI....1r;Jprnent wlM ~1'IdtI1h6 ..x.~ '-WlI of prvIce for Itly rradwllr u adoP*lln tt,. Compreheru.1w PIIln TI'lp ~ ~ M bawd on.. molt ....eeo'It taittOn eI tt>v ttWtrtuW 04 TlWMportnon EnglnMl'. TI1p G8<W~ ~( R.-r 10 SeeIlOf'I4-801 C gf the CofMutltr 0.>1 1 1 l.....,_<< CuM fg.r.-ptlonl tll .. ~ L. SIGNATURE: I, tl9~, ~ hI:.. ~ m.de 1(1..... ~ .... tIW and ~ to III bMf 01 my ~ INJ IlMlOI'In CIty ~ kl 'oW aNI ~aptt ~ propfII'tr ~k\hf~ ST.6.TE OF ~ COUNTY Of I"lNElJ..AI Q t-~ ~ ~ "~ 1M tN$ .LL- day of pI\lClUOId ~. A. 0 . ~M.. ~,y :;:.~~ ~tlw1 ~~~~~~"_A__ ~J\. Christy Butler ;.;'J.) My ConvrNaslonDOf14M 0,,,, ElcpIres Decemller 28 200lI P9 e ot1- F..... P8.lIl~..lt~ - ~ lnlIl ~ Proj8Cl-CII) of CI.V' ~ ATTACHMENT A DESCRIPTION OF REQUESTS · ReductIOn of the front setback along POll1settJa from 25 feet to 5 feet · ReductIOn of side sctba(,ks from 10 feet to 0 feet · Incredse In heIght from 50 feet to 92'-10" above FEMA ATTACHMENT B WRITTEN SUBMITTAL REQUIREMENTS 1 Beach By Design speCifIcally references this proposed parking garage as a much-needed component of the surrounding north beach area The eXisting parking lot on this site contains a minimal amount of parkIng spaces and does not adequately serve the Pelican Walk ShoppIng Center let alone the surrounding area The proposed garage wrll provide more than enough parking for the shopping center and condominiums as well as providing parkrng for the surrounding community The design of the structure Will be In harmony WIth the eXisting shopping center and landscaping Will be provided where little to none eXists at this time Proposed setback of the garage are consistent With the surrounding development 2 The proposed development WIll not hinder or dIscourage development and use of adjacent propertIes The proposed garage Will prOVide additional public parking to facilitate the redevelopment of the surrounding properties 3 The proposed development WIll not adversely affect the health or safety of person In the neighborhood The garage Will decrease traffic congestion of resIdents and tOUrists looking for parking In the north beach area 4 The proposed design Will help to minimize traffiC congestion by providing off-street parking In an area where little available parking eXists 5 The proposed development IS consistent With the commumty character of the Immediate VICinity and IS speCifically called out as needed In Beach By Design 6 The proposed condomlmum and garage project WIll provIde an Interior parking option that Will decrease the Visual and acoustic Impact of vehicles to the surrounding area The hours of operatIon of the eXIsting retarl are consistent With the surrounding tounst dIstrict ATTACHMENT C COMPREHENSIVE INFILL REDEVELOPMENT PROJECT CRITERIA 1 The Proposed development IS otherwise ImpractIcal wIthout the requested devIations to required setbacks and height In order to provide adequate parking for the shoppIng center, condominiums and public parking for the surrounding community The reduction In setback allows the project to maximize the garage area provIding addItional public pa'rklng 2 The proposed parkmg garage will not reduce the fair market value of abuttmg properties According to the Plnellas County Property Appraisers office, the eXlstmg market value of the site IS well over $3,000,000 00 With the proposed Improvements to the Site, the property IS estimated to be worth over $20,000,00000 In addItion, the public parking will Increase the value of the adjacent properties 3 Attached dwellings, parking garages and retail centers are permItted uses With the TOUrist zOning dlstnct as well as the City Of Clearwater 4 The proposed condominium and parking garage addition are compatible WIth the surroundIng development, as well as eXisting land uses Including attached dwellings, restaurants and retaIl sales 5 Other SUItable sites for the proposed garage are not readily avaIlable Within the CIty Of Clearwater and especIally Within the Immediate area Additionally, Beach by DeSign speCifically calls out for thiS site to be utilized as a parking garage 6 The proposed development will be a slgmficant factor In upgradmg the surrounding commumty, as very little off-street parking eXists Within the Immediate VICInity 7 The deSign of the proposed structure proVIdes a functional parking garage and reSidential dwellings The surrounding community will be enhanced by the addition of the covered off- Site parkIng for use by reSidents and tOUrists WIthin the tounst dlstnct 8 FleXibility In regards to the proposed height and setback are JustIfied by the amount of parking being prOVIded for an area that suffers from lack of available parking 9 The project exceeds the requrred parking spaces reqUired for the shopping center and condominium project COMIEHENSIVE INFILL PROJECT CP'TERIA 10 The design of all bUlldmgs complies with the desIgn gUldelmes In DIvIsion 5 of ArtIcle 3 The desIgn of the proposed Hotel Resort complies with the followmg design gUldelmes outlmed m Beach by desIgn A Height portIons of any structure which exceeds one hundred feet (100) are spaced at least one hundred feet apart N/A B Between 42 feet and 100 feet the floor plate will be no greater than 25,000 square feet Floor plates above 42 feet are 28,200 SF not including parking garage C Between 100 feet and 150 feet the floor plate will be no greater than 10,000 square feet N/A DeSign, Scale and Mass of BUIldings 1 BUIldings WIth a footpnnt of greater than 5,000 square feet or a smgle dImenSion of greater than one hundred (100) square feet wIll be constructed so that no more than two (2) of the three (3) bUlldmg dImenSIons In the vertIcal ar honzantal planes are equal m length For thIS purpose equal In length means that the two lengths vaty by less than forty-percent (40%) of the shorter of the two (2) lengths The honzantal plane measurements relate to the footpnnt of the bulldmg The eXlstrng bUildIng IS broken by the courtyard along the retail frontage 2 No plane of a bulldmg may contmued umnterrupted for greater than one hundred Imear feet For the purpose of thiS standard, Interrupted means an offset of greater than 5 feet Tower elements, paVIlions, decks and terraces break up the fac;:ade of the bUilding 3 At least sIxty-percent (60%) of any elevation will be covered w1fh wmdows or archItectural decorallon, For the purpose of thIS standard an elevatIOn IS that portIOn of a bUlldmg that IS vls/ble from a partIcular pomt outside the parcel proposed for development The eXIsting bUIlding uses extenSIve glass along the retail frontage The proposed parking garage Includes decorative gnllwork 4 The height and mass of buildings wIll be correlated to (1) the dimensional aspects of the parcel proposed for development and (2) adjacent public spaces such as streets The bUilding height IS stair stepped from the proposed parking garage to the proposed condominIum project over eXisting retail so as not to be located adjacent to the nght of way 5 BUlldmgs may be deSigned for a "vertIcal or honzontal mix of perrmtted uses The project Includes eXisting retail and restaurants The proposed addItIon Includes attached dwelling and a parkIng garage o Setbacks and Stepbacks 1 Rlght- of-ways The area between the bUlldmg and the nght-of way (edge of pavement as eXlstmg and planned) should be sufftclently wIde to create a pedestnan-fnendly envIronment The distances from structures to the edge of the nght-of way should be (1) fIfteen feet (15') along arienals, and (2) twelve feet (12) along local streets The dIstance from the face of the parking garage and edge of pavement along POinsettia St exceeds 12 feet 2 Stepbacks For buildmgs Over three stones (42 feet) m heIght, portIOns above 42 feet should be set back at least one floor for every two feet of additIOnal hefght Architectural detaIls that create a "human scale" may be substJtuted for Side and rear stepbacks . E Lot Coverage and Open Space At least twenty-ffve percent (25%) of each parcel proposed for development should be mamtamed as open landscape or qualIfymg hardscape Open landscape or qualIfymg hardscape means "1 andscaped areas, plazas and other areas covered with pavers or other decoraffve features, but does not mclude off-street parkmg areas or roadways The project Includes extensive plazas In front of the eXisting retaIl areas along With landscaped open space around the proposed parking garage F Street-Level Facades (1) At least sIxty percent (60%) of the street level facades of bUlldmgs used for nonresldenffal purposes whIch abut a publIc street will be transparent Decorative grillwork as previously approved by the City proVides transparency through the parking garage (3) BUlldmg entrances should be aestheffcally mvltmg and easily Identified. Entrances Include decorate banding and columns to accentuate entrances G Parkmg Areas Entrances to parkmg areas should be clearly marked m order to aVOId confUSIOn When a parkmg garage abuts a publIc road or other publIc places, It WIll be deSIgned such that the function of the bUlldmg IS not readJ/y apparent except at points of access or egress The entrances to the parking garages are clearly VISIble from the adjacent roadways but complimented by banding and grillwork so as not to look lrke a parking garage H Slgnage I' Sidewalks Sidewalks along arlenals and retail streets should be at least ten feet (10) In width All sidewalks along artenals and retail streets will be landscaped wtlh palm trees spaced to a maximum of thlrty- five feet (35) on centers, wtlh "clear gray" of not less than eight feet (8) The proposed parkrng garage addition IS located along a local road with an eXlstrng 5 ft wide sidewalk that will be maintained LEGAL DESCRIPTION ~ot8 2, 3 and 4, and 1/2 of vacated alley way abuttlng said lots to tne weetr in Block "A" per the RE-PLAT OE' BLOCK "A" AND LOTS 1 TO 15 INCL. BLOCK "B" OF CLEARWATER BEACH PARK FIRST ADD I TION, :recorded ill Plat Book 21 e. t Page 21 r of the Public Records P~nellas Cou.nty, Florlda, (Note: said property formerly being descTJ.bed. ~s Lota 2, 3 and 4 and 1/2 a:: vacated alley \yay abutt.1ng sald lots to the WSflt, Block "B" aT the FIRST ADDITION TO CLEARWATER BEACH PARK, recorded in Plat Book 15 at Page 80.) Lote 34 through 43 LESS the Southerl.y 10 feet of Lot 34( together wlth l./2 of vacated a.lley way abu.tting Baid lots to the East, Block Br FIRST ADDITION ';['0 CLE./\RWATER BE1I.CH' PARK, "'8 recorded 1.n Plat Book ~ 5 at page 80 r Publ~c Records In and for P~nella8 County, ~lorida; '1'OGE'J:'RER WITH Lot 5 rand. 1./2 of vacated a.l1ey way abu.tting 8a~d lot to the West, in Block "A II per the RE-Pr.A'l' OF BLOCK "A" JrnD LOTS 1 TO lS INCL. BLOCK "B". OF CLEARWATER BEACH PARR: FIRST JI..Dn-!T'ION, as recorded .1.n Plat Book 21 f'l L. :?iiqa ? l. Pub.! l.C Records, Pinel1as County r Florida. (Note: said property formerly belng deBcr~bed as Lot 5 and 1/2 of vacated alley way abutting eeicl lot to the West, Block "13" of the FIR9(r ADDITION TO CLEARWATER BEACH PlLnKr recorded in Plat Book lS at Page 80.) Lots 6, 7 I Band 1/2 o;f vt\.ca ted all ey way abutting Baid loto. to the We8 t r in Block "A" per the RE -P1..A T OF BLOCK ~ A" AND LOTS 1 'X'o 15 INCL BLOCK "B " OF CLEARWATER BEACH PARK FIRST ADDITION r a s record ed in J? La t Book --21 at Pl\ge 21 r pu.bllC Records I P~nellaB county r Florlda. (Note. sa).d, property formerlv belng deec<:'lbed 8S Lots 6, 7 and 8 and 1/2 of vaca't.ed ~11ey way abuttJ.ng Bald lotE;; to the West, Block "E " of the F:tRST ADDITX ON TO CLEARWA'J'l'i.::R BEACH PA.RK I r6Cura~b iu ~~at B6dk 15 at page 80.) J IJ' AFFIDAVIT TO AUTHORIZE AGENT, (Names of ALL property owners on deed - please PRINT full names) BJE, fNC That (I amfwe are) the owner(s) and record title holder(s) of the fOllOWing described property (address or general location) 483 MANDALAY AVENUE 2 That this property constitutes the property for which a request for a (deSCribe request) PARKING GARAGE AND 28 CONDOMINIUMS ON-TOP EXISTING RETAIL 3 That the undersigned (has/have) appointed and (does/do) appoint KEITH ZAYAC, P E as (hlsJthelr) agent(s) 10 execute any petitions or other documents necessary to affect such pelltlon, 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 that all Impact fees (parks and recreation, traffic, etc) WIll be paid PRIOR to the Issuance of a bUilding permit, certificate of occupancy, or other mechanism, whichever occurs first, 5 That site VISits to the property are necessary by City representallves In order to process thiS application and the own~r authOrizes CIty representatives to VISit and photograph the property deSCribed In thiS application, 6 That (I/we), the undersigned authority, hereby certify that the foregOing IS true and correct '/Y/-I'-!.t ACYf/ ~ Property Owner Property Owner Property Owner Property Owner STA TE OF FLORIDA, COUNTY OF PINElLAS Before me the undersigned, an offic.er"duIY~~ned by the laws of the State of Flonda, on thiS ~"f1'6.Met.I2-, ZDo4- (~s~n~lJ~ appeared__ . ~ Deposes and says that he/she fully Yl]derstands the contents of the affidavit that he/she Signed lqt6- day of who haVing been first duly sworn " ...."",," - 1 ! )1 1 (..... \ !" 1 1\ l , " : \ L , i i" ~ Buller \ <--:tf..; Mo; COfl'lIlliSSlOn 00174640 01 ",,' ExpKes December 29 2006 -~'... i--- \ - "'My ~ommlsslOn J;xplres ,.J _ " ,I I ^' I ,~j:\J 2. 9 2804 II ~ ~" , I ___ _w _ _.J - --- - -, - p~-, r--11 : f ' I , - , , ' f ~ it ' ~/ \ , , , PLI-l' ,... ~ , ' ~ I _ _ S IPlanrung DepartmentlAppllCatlOif f-ormsldeYelopment reYlI'lw!ComprehenSIYe mflfl radeyalopmant prOject application t()./().2003 doc '. es .a= ~ ~~ ~ ~ ~ ~:~ ]' ~ 9 ~""R? ~ t~ ~~tE::1 r~ 9~~~ => d~; ~-- i u ~~18 ~ I:;5~ g~~~ i a u l"R ... ~ :"i ;:l ~c l .......... Q. ~ &.i:. ~ L> "" -.. ~ tf~...t l~~~ 1 J.{'~, ~ ..... ~'~ ~ ill 00 l{'> N .. _ t" u<;: !> ~ i~11l~~~! i5,g- ......-OE- d:;]; ~r~~ { :;~~2foo ~ " h~"%~:O ~ -gE.g~ ""-'-J ~ 50'1;"'~~!~ ~t~:~l~: ~ ]h~5~:p HiHHH~ i] ~tt]i~~1i~~ ~ ~~~~:;g,]::ii ~~ ~.:~~;~~&~'5 :~ ~;~~~~~!~~ ~~ ~ ~~! ~.~:; :~f ~~.~,"!l~h .!! ':$ .~ ~~ (;1; , ~ H " " : 6 ~; ~ ...~ ~: ~~ zE9, o o '" ~~ ~ o ~- --' "- '-' "' ~ 0; ::; o z w o W --.J >- ->- <rc- wO "" O<r ",w ~ 0- <( W '''' ffi 7.. Lt:: m ~ ~ ~j ~ ~ ~ ~rj ~ Z D ~ ;:::: G ~ ~ ~ ~ g E ~ 5 OW ~o oVi ... ,- o:=> ",0 @@ r" , I I-J L.J ~ ;: z 5 Z z "- 0 ..-.{ 0 ,j:: '" "- n. 5 8 ~ z 0 ~ f5 ~ ~ z z o 0 N N 12 ~ . ~ I l!i ~ :~ ~ !~ :t s;;J 00, / L N a 00 we'< "'...... >g ~ci a - <( {f)'" <(<.0 -.IN 1-- <( Zw o (? E~ Z l;l' Z ...((1 O 0<1> ..'" N:-, ~'" ~T.....&f ... ~m /~ 1/ I I I l Q~ ~! '''' ~~ 9 ; g T ... 5UDlP 'W\f EI> ZO 60 ZOOzlEZ/60 '5Mp eL9Z\Sel~E!\peJo~ne\Ul5ua\ 5