- P ALACH / - 1831 FLORIDE Planning & Zoning Agenda March 10th, 2025 CITY OF APALACHICOLA PLANNING & ZONING BOARD REGULAR MEETING Monday, March 10th, 2025 City Meeting Room - 74 6th Street Agenda Regular Meeting: 6:00 PM 1. Approval of February 10th, 2025 meeting minutes. 2. Review, Discussion and Decision for Accessory Structure. (R-1)(Historic District) @ 121 Coach Wagoner Blvd., Block 89 Lot 9-10. For Jeff Stephens - Owner; Contractor: TBD 3. Review, Discussion and Decision for Certificate of Appropriateness & New Construction (R- 1)(Historic District) @ 114 8th Street, Block 69 Lot 3. For Brandon Bogle - Owner; Contractor: Tyler Poloronis 4. Review, Discussion and Decision for New Construction (R-2) @ 197 22nd Avenue, Block 236 Lot 16-19. For Ron R. - Owner; Contractor: Tyler Poloronis 5. Review, Discussion and Decision for New Construction (R-2) @ 191 14th Street, Block 140 Lot 10. For RG Building & Framing Inc. - Owner; Contractor: Ronnie Gooch 6. Review, Discussion and Decision for New Construction (R-2) @ 190 13th Street, Block 140 Lot 1. For RG Building & Framing Inc. - Owner; Contractor: Ronnie Gooch 7. Review, Discussion and Decision for New Construction (R-2) @ 193 14th Street, Block 140 Lot 9. For RG Building & Framing Inc. - Owner; Contractor: Ronnie Gooch 8. Review, Discussion and Decision for Pavers (R-2) @ 108 22nd Avenue, Block 262 Lot 12-15. For James Grater & Kathleen Binder - Owner; Contractor: Self 9. Review, Discussion and Decision for Accessory Structure (R-1) @ 54 17th Street, Block 113 Lot 3. For Barbara Matheny. - Owner; Contractor: TBD 10. Review, Discussion and Decision for Parking Plan (C-1)(Historic District) @ 51 Avenue C, Block 1. For Gibson Inn LLC - Owner; Contractor: N/A 1 CITY OF APALACHICOLA PLANNING & ZONING BOARD REGULAR MEETING Monday, March 10th, 2025 City Meeting Room - 74 6th Street Agenda 11.Review, Discussion and Decision for Sketch Plat (R-2) @ Block 262 Lots 1-7 & 20-30. For It's a Cluster LLC - Owner; Contractor: Poloronis Other/New Business: Outstandingunvesolved ssues: City Planner to request permission to workshop stormwater best management practices and incentives from the City Commission at April meeting. Motion to adjourn the meeting. 2 P ALACH < - - 1831 ELORIDE Minutes February 10th, - 2025 CITY OF APALACHICOLA PLANNING & ZONING BOARD REGULAR MEETING Monday, February 10th, 2025 City Meeting Room - 74 6th Street Minutes Attendance: Chair - Joe Taylor, Myrtis Wynn, Bobby Miller, Elizabeth Milliken, Jim Bachrach Regular Meeting: 6:00 PM 1. Approval of January 10th, 2025 meeting minutes. a. Motion to approve by Jim Bachrach; 2nd by Myrtis Wynn. All in favor - motion carried. 2. Review, Discussion and Decision for Addition = Covered Porch. (R-2) @ 176 22nd Avenue, Block 237 Lot 7. For Opha Kennedy - Owner; Contractor: Self a. Motion to approve by Jim Bachrach; 2nd by Elizabeth Milliken. All in favor = motion carried. 3. Review, Discussion and Decision for Fence (R-2) @ 278 Prado E4, Palmer Pointe Townhomes E4. For Terri & Jason Piles - Owner; Contractor: All Pro Fence & Feck LLC a. Motion to approve by Jim Bachrach; 2nd by Myrtis Wynn. All in favor - motion carried. 4. Review, Discussion and Decision for Certificate of Appropriateness & New Construction (R- 1) (Historic District) @ 205 gth Street, Block 166 Lot 7. For Damir & Leslie Drinkovic - Owner; Contractor: Bryce Ward a. Motion to approve by Bobby Miller; 2nd by Myrtis Wynn. All in favor - motion carried. 5. Review, Discussion and Decision for Certificate of Appropriateness, Accessory Structure (R- 1) (Historic District) @ 101 6th Street, Block 18 Lot 10. For David & Lisa Albright - Owner; Contractor: GeoFlora Group, LLC a. Discussion held: b. City Planner posed a question to the board, "Does the P&Z Board view the encroaching portion of the home in the ROW as part of the parcel's lot coverage? 1 CITY OF APALACHICOLA PLANNING & ZONING BOARD REGULAR MEETING Monday, February 10th, 2025 City Meeting Room - 74 6th Street Minutes i. Board gave consensus as yes, but they agreed that the extra square footage from the encroachment should be factored in as 'part of the lot' for the sake of discussion. With this in mind, they agreed that the current 'lot coverage' after removals is 43.6%, still over the 40% standard allocation. C. City Planner posed a question to the board. "If a home is over their 40% lot coverage, does the overage cut into the 10% allocation for pervious decking?" i. Board consensus was yes, which leaves an allocation of 6.4% left out of 6,276SF for pervious decking, not including what is already present. d. Actions: i. Bobby Miller made a motion to approve the stormwater system independently without the pervious deck or additional roof as an allowed and encouraged stormwater best management practice. Jim Bachrach 2nd the motion = all in favor, motion carried. ii. Bobby Miller made a motion to deny the covered awning/roof extending over the pervious decking as an accessory structure, as this is roof cover which is impervious, by definition, and the parcel is over their standard 40% lot coverage even after the proposed removals. Jim Bachrach 2nd the motion - all in favor, motion carried. iii. Bobby Miller made a motion to approve 6.4% or 401.7SF of pervious decking independently as it falls within their 10% allocation as allowed in the LDC - 348SF left to be covered if existing is to remain and applicant must return to P&Z if the location changes. Jim Bachrach 2nd the motion = all in favor, motion carried. Other/New Business: P&Z Board asked the City Planner to look into workshopping stormwater best management practices in order to encourage more homeowners to participate and for the City to possibly offer incentives. OutstandingUnresolves ssues: 2 CITY OF APALACHICOLA PLANNING & ZONING BOARD REGULAR MEETING Monday, February 10th, 2025 City Meeting Room - 74 6th Street Minutes Motion to adjourn the meeting by Jim Bachrach; 2nd by Bobby Miller. Meeting adjourned. 3 PALACHT / E 1831 FLORIDE Accessory Structure 121 Coach Wagoner Blvd. Official Use Only Date Received: 2/7/25 City of Apalachicola Planning & Zoning Meeting Date: 3/10/25 Fees Due: $50.00 Application for Development/Site Plan Approval Date Fees Paid: 2/7/25 OWNER INFORMATION CONTRACTOR INFORMATION Owner Teff Stephens Contractor Name TBD Address aCoaas Weyner Blvd. State License # City License # City. Apakehicola State - Zip 32320 Email Phone 720-655-1228 Phone PROJECTTYPE New Construction Fence Addition Accessory Structure Alteration/Renoyation CaminasafApmeprismas Relocation Other Demolition PROPERTY INFORMATION Street Address (911 Address): 21 Coach Waser Bivt City & State: Apulao hidola Zip: 32320 0 Parcel ID #: ) - 098- 28 V - 8330 - 0089 - 0090 Block: 29 Lot: Q-10 Zoning District: - Historic District [ Non-Historic District FEMA Flood Zone: OFFICIAL USE ONLY Certificate of Appropriateness Required? y/ N This development request has been approved for a Setback Requirements ofProperty: Certificate of4 Appropriateness (ifa applicable), zoning, Front: Rear: Side: 5 land use, and development review by the City of Corner Lot? Y /N Street Sides: Apalachicola Planning & Zoning Board and a Lot Coverage: ypl building permit is authorized to be issued. STAFF NOTES/RECOMMENDATIONS: applcowA 4D confin S'setoaut * - - not See 4 City Staff usib Date Approved NOTE: This is a conceptual approval through the City based on our Land Development Code (LDC.) Please be aware that other documentation may be required by the Building Official. Applicant Initial Describe the proposed project and materials. Describe the proposed project in terms of size, affected architectural elements, materials, and relationship to the existing structure(s). sfall 24x - 9' Po(e Barn aarpopt 6 6 post Oànorete Tobtings Meta root PROJECT SCOPE MANUFACTURER PRODUCT DESCRIPTION FLI PRODUCT APPROVAL# Siding Doors Windows Roofing metal Trim Foundation Concrete Shutters Porch/Deck Fencing Driveways/Sidewalls Other 5 E Surplu I Polo Barn Salvag 4 NOTE: Please have a site plan prepared to turn in with your application. At minimum, the site plan needs to contain: a North arrow, surrounding streets, lot lines, lot dimensions, setbacks, current structure dimensions, proposed structure dimensions, fence locations, andfence heights. Applications requiring a Certificate ofAppropriatenes will also need to submit renderingsyeleyations ofany proposed structures and note the materials proposed. More information may be requested by City Staff CERTIFICATION By signing below, I certify that the information contained in this application is true and correct to the best of my knowledge at the time of application. I acknowledge that I understand and have complied with all of the submittal requirements and procedures and have read and understand the following: 1. I/We hereby attest to the fact that the above supplied property address(es), parcel numbers(s), and legal description(s) is(are) the true and proper identification of the area of this petition. 2. I/We authorize staff from the City of Apalachicola to enter onto the property in question during regular business hours in order to take photos which will be placed in the permanent file. 3. I/We understand that the COA: review time period will not commence until the application is deemed complete by staff and may take up to 10 business days to process. I further understand that an incomplete application submittal may cause my application to be deferred to the next posted deadline date. 4. I/We understand that, for Board review cases, an agenda and staff report (if applicable) will be available on the City's website approximately one week before the Planning & Zoning Board Meeting. 5. I/We understand that the approval ofthis application by the Planning & Zoning Board or staffi in NO way constitutes approval of a Building Permit for Construction from the City of Apalachicola Building Department. 6. I/We understand that all changes to the approved scope of work stated in a Certificate of Appropriateness or Development Order application have to be approved by the P&Z Board before work commences on those changes. Making changes that have not been approved can result in a Stop Work Order being placed on the entire project and additional fees/penalties. 7. I/We understand that any decision of the P&Z Board may be appealed to the City Commission within 30 days after the decision by the P&Z Board; otherwise, the decision will be final. 8. I/We understand that a Certificate of Appropriateness is only valid for one year after issuance. They are renewable for six months without cause if requested, and for an additional six months upon showing of good cause by the applicant. The applicant must submit all requests for extensions in writing and provide appropriate support documents to City Staff, if needed. 9. I/We understand that P&Z Board approval is permission to obtain a permit for work and installation as indicated. I certify that all work will be performed to meet standards of all laws regulating construction in this jurisdiction. 10. I/We understand that there will be no issuance of a Certificate of Appropriateness without the property owner obtaining Homeowner's. Association approval (if required) prior to the P&Z Board Meeting and/or before the beginning of an work and in no way authorizes work that is in violation of any association rules or regulations. 3/3/2095 &1 DATE SIGNATURE OF APPLICANT - - - : * D I 3 E a a INEWEAVd: Q5007 aAVd- M.06 wu SANSAV 1 MA (O0O0L M-SS900kPS 4 G - - > & & - o C 1 < S % I - I a 3 9 & - R SL C - 1 (w00'00L 3.99.900LN 6 C 329,900kk X X X x x (W)000E BONEH XNI7 NIVHO. C % à & à n & a 2o - à - 1zOZ/v/6 alvd "BOM O Edo25 /: 9Vd EAO2 277 NyY $9374ha7 K3c wo? jewb@oba rapoa 0500-1B(099) 4926-869-0S8 39VATVS 9 sndans INENO 7 2 SOIZETH fuo ewrued aa45 PIEE MROIZ eppoy Joj ueld Jagsew SS38GOV 3'd 6 "4d 'VIVBV: nove "Ra 5 0 uoppnysuop 3 uéjsaa snopsuop Fbiaua 2022 ueg ajod uado 1D3008d :AB G3NSISIG 9NI833NI9N3 a e - a e - a - . a 9 a a - E E a - V g I I e a - a - a - I - - & - - E I E E A : 5 8 8 - 8 8 8 8 1 1 A 1 : i 1i $ * 8 11 3 : 1 A :: a à - @ € @ 0 & 96-8* es TI !" : ENGINEERING DESIGNED BY: PROJECT: Open Pole Barn EGDG Energy Conscious & Construction 9 DR. RAOUF ARAFA, Ph.P, P.E. ADDRESS: Master Plan for Florida 21081 W. 33rd. Street, Panama Design Ciy, FL.32405 - Raeett CLIENT: SURPLUS & SALVAGE 850-638-9267 (850)414-0050, ecdc. egc@gmal.com GMENESPAUG Foundation Flan, RocfF Framing & Elevation Views DATE: 9/4/2024 1z0Z/v/6 a1Vd wony yowb@obas apoa '0S00-IE(OS9) syend jeinpras 8 sajqe1 ubjsad 277 do SOIZETH fuo eweued 'aans PIEET MgOIZ 4926-8E9-0S8 39VATVS 8 smdans INEITO uogpnusuop 9 ubsaa snopsuopfbisus 2a93 eppou Joj ueg ueld ajod asew D0aaV 3'd' a 4d VVaV nova Da 0 a AB G3NSIS3O ONINBENIONE ? 6 3 - o 2 4 2 2) & 2) O 0 3 2) 2) 9 ENG NEERING DESIGNED BY: PROJECT: Open Pole Barn & - DR. RAOUF ARAFA, Ph.c f P.E. ADDRESS: Master for EGDG Energy Conscious Design Construction n R. Plan Florida 210B1L 33rd. Street, Panama Ciy FL.32405 acett CLIENT: SURPLUS & SALVAGE 850-638-9267 GNsEfLaue Sample ofylind Load Calculations (850)414-0050, ecc.egc@gmal.com DATE: 9/5/2024 PALACHI 1831 FLORIDE Certificate of Appropriateness & New Construction 114 8th Street Official Use Only Date Received: 3/9/25 City of Apalachicola Planning & Zoning Meeting Date: 3/0/25 00 Fees Due: $275. Application for Development/Site Plan Approval Date Fees Paid: ppand OWNER INFORMATION CONTRACTOR INFORMATION Owner Byoundon Bogle Contractor Name TVyley Poloyonis Address 3 Tvicyo cy State License # R2>08122Wity License # City Eastpoint Statef Zip_32328 Email mymastsgyadcom Phone $50558244 Phone 8505791974 PROJECTTYPE New Construction Fence Addition Accessory Structure Alteration/Renoyation Certificate of Appropriateness Relocation Other Demolition PROPERTY INFORMATION Street Address (911 Address): 1y 81h Str City & State: Apalccwicola F Zip: 32320 Parcel ID #: Block: L Lot: 3 Zoning District: R-I [ 4 Historic District [ ] Non-Historic District FEMA Flood Zone: 9 OFFICIAL USE ONLY Certificate of Appropriateness Required2y N This development request has been approved 1for a Setback Requirements of Property: Certificate of4 Appropriateness (fapplicable), zoning, Front: 5 Rear: 25 Side: 'sR land use, and development review by the City of Corner Lot? Y N) Street Sides: Apalachicola Planning & Zoning Board and a Lot Coverage: 40% building permit is authorized to be issued. STAFF NOTES/RECOMMENDATIONS: weets LDR aeds CO.A. City Staff Date Approved NOTE: This is a conceptual approval through the City based on our Land Development Code (LDC.) Please be aware that other documentation may be required by the Building Official. p Applicant Initial Describe the proposed project and materials. Describe the proposed project in terms of size, affected architectural elements, materials, and relationship to the existing structure(s). Arp Ww6 Iu0O S4ft yona built OW, a Slab (W the istpnc distnct. Hone wIL he wahite 12 Alerley PROJECT SCOPE MANUFACTURER PRODUCT DESCRIPTION FL PRODUCT APPROVAL# Siding Hovdy Doors Florglass Windows Silrulp Roofing Shingues Trim 1y vaoiot Foundation slalo Shutters Porch/Deck 514ckeer loood Fencing Drivewayy/Sidewalks Other NOTE: Please have a site plan prepared to turn in with, your application. At minimum, the site plan needs to contain: a North arrow, surrounding streets, lot lines, lot dimensions, setbacks, current structure dimensions, proposed structure dimensions, fence locations, andfence heights. Applications requiring a Certificate of Appropriateness will also need to submit renderings/elevations of any proposed. structures and note the materials proposed. More information may be requested by Cily, Staff CERTIRICATION By signing below, I certify that the information contained in this application is true and correct to the best of my knowledge at the time of application. I acknowledge that I understand and have complied with all of the submittal requirements and procedures and have read and understand the following: 1. I/We hereby attest to the fact that the above supplied property address(es), parcel numbers(s), and legal description(s) is(are) the true and proper identification of the area of this petition. 2. I/We authorize staff from the City of Apalachicola to enter onto the property in question during regular business hours in order to take photos which will be placed in the permanent file. 3. I/We understand that the COAreview time period will not commence until the application is deemed complete by staff and may take up to 10 business days to process. I further understand that an incomplete application submittal may cause my application to be deferred to the next posted deadline date. 4. I/We understand that, for Board review cases, an agenda and staff report (if applicable) will be available on the City's website approximately one week before the Planning & Zoning Board Meeting. 5. I/We understand that the approval ofthis application by the Planning & Zoning Board or staffi in NO way constitutes approval of a Building Permit for Construction from the City of Apalachicola Building Department. 6. I/We understand that all changes to the approved scope of work stated in a Certificate of Appropriateness or Development Order application have to be approved by the P&Z Board before work commences on those changes. Making changes that have not been approved can result in a Stop Work Order being placed on the entire project and additional fees/penalties. 7. I/We understand that any decision of the P&Z Board may be appealed to the City Commission within 30 days after the decision by the P&Z Board; otherwise, the decision will be final. 8. I/We understand that a Certificate of Appropriateness is only valid for one year after issuance. They are renewable for six months without cause if requested, and for an additional six months upon showing of good cause by the applicant. The applicant must submit all requests for extensions in writing and provide appropriate support documents to City Staff, if needed. 9. I/We understand that P&Z Board approval is permission to obtain a permit for work and installation as indicated. I certify that all work will be performed to meet standards of all laws regulating construction in thisj jurisdiction. 10. I/We understand that there will be no issuance of a Certificate of Appropriateness without the property owner obtaining Homeowner's Association approval (if required) prior to the P&Z Board Meeting and/or before the beginning of an work and in no way authorizes work that is in violation of any association rules or regulations. 21lo5 Ih lat DATE SIGNATURE OF APPLICANT E 0 E * AF 1 2 a - a AN 1y - : € < - : 8 * o a € - w H o 3 - G a a d BOUNDARY: 6 PLAT OF SURVEY CERTIFIED TO: POLORONIS & BOGLE DEVELOPMENT, LLC FIRC (5/8") MANAUSA, SHAW & MINACCI, P.A., #7160 INVESTORS TITLE INSURANCE COMPANY K P. - FIRC & Bo (5/8") 7160 E GRAPHIC SCALE K CAD & 6 0 Po o - 2 (IN FEET ) 23 1 20 inch ft. & s. % Ror LOT 4 - GPR BLOCK 69" A & % ayj A FIRC % 6 (5/8") k #7160 a M 9 o, € % Q A G FIRC A 2 ar a Ro, : LOT 3 (5/8") PN 00 Pi % BLOCK "69" #6475 & 0.14 ACRES "ARC - (5/8") * (VACANT) (NO ID) & BED $ - Ro o, 3 1 * o 6 4o y CITY SQUARE Gs $ * d p SIRC 2 o (5/8") FLOOD APPROXIMATE. ZONE UNE A #7160 LEGAL DESCRIPTION: Lot 3, Block "69", of the City of Apalachicola 1 * as per map or plat on file in common use LEGEND at the Clerk of the Circuit Office in the Public Records of Fronklin County, Florido. RP RECORD PLAT NOTES: M MEASURED FCM FOUND CONCRETE MONUMENT 1. SURVEY SOURCE: Record plat and a field survey performed FIRC FOUND IRON ROD & CAP by the undersigned surveyor. FIR FOUND IRON ROD 2. BEARING REFERENCE: All bearings estoblished by Florida Grid North dotum. SIRC SET IRON ROD & CAP 3. NO MPROVEMENTS have been located in this survey other thon 5/8" #7160 shown hereon. R/W RIGHT-OF-WAY 4. There are NO VISIBLE ENCROACHMENTS other thon those shown hereon. A POINT NOT SET OR 5. This survey is dependent upon EXISTING MONUMENTATION. FOUND 6. Not valid without the signoture and the original raised seol of NOT TO SCALE a Florido licensed surveyor and mapper. OHE OVERHEAD ELECTRIC 7. FENCE LOCATIONS shown hereon are exagerrated for clarity. POWER POLE 8. FLOOD ZONES and SETBACKS depicted hereon are not to be used for construction permitting purposes. All FLOOD ZONES and SETBACKS should be verified by the appropriate County Departments. EFFECTIVE, FLOOD ZONE NFORMATION: I that this under responsble Subject property is located in Zones "X" and "AE (EL 10)" as per E cnd knowledge ore Flood Insurance Rate Mop Community Ponel No: 120089 0526F occurate belief. E E E exceeds the for for index dote: Februory 05, 2014, Franklin County, Florido. of es estoblished by the Florido - Profess'ond Surveyors and Moppers (F.A.C. 5J-17.051/,052). E undersigned Sures : : : been provided current THURMAN RODDENBERRY & ASSOCIATES, INC or tue E to he I R of PROFESSIONAL: SURVEYORS ANDI MAPPERS the bounderies VE 29146 : could affect P.O. BOX100 125 SHELDONS STREET SOPCHOPPY, FLORIDA: 32358 E - z 5 &A PHONENUMBER a50-962-2538 FAXA NUMBER:E 853562-1103 LOSTIES a zi a DATE 112224 DRAWNBY:BB PERPLAT COUNTY: FRANKIIN JAMES T. NB.F Surveyor Florido Certfcate - 2 FILE 24736.DWG DATEOFL LASTFEIDWORK CHECKEDE AW BY: JOB NUMBER: 24-736 A 6es 11/21/24 * à D I : E 9 6 o C 6 Sox & R 3o 100.00'(RP) % 9 N41'29'56"E 100.42'(M) 8.7 CHANUNK o 4 CHAINUNK FENCE o FENCE do 75'S0F SETRACK 92 € 6 d 2 7 - U 9 5 & 4 N 7.5' SIDE SETBACK S41'20'26"W- 100.47(M) 3R d 100.00'(RP) 6 R % ) 4e AVENUE "F" (90' R/W 2 PAVED) 1 a s E * e 3 I S 1 B - 3 % B 3 I e 1 9 e * S S d 6 - à a - I 3 a 3 - E a 5 - ) I 3 6; 5 X 8 a - a e A : C : 0 I H 2 LEL z zz 090E 090€ a y 2 6 I Az e E do 3 < - a f + 9z 0 a 0 - 6 - I : : 8 3 < S 090€ 090E 0706 GISLL Z *S 2 4 3 o a * : D I H EG 3 4 * I IT B - E % - a s 21:9 a e ZL:9 : € * 3 B RE 0 6 0 d & d 9. 'o - 6 P - a p d o DgD @ - a a D o 2 5 1 2 V - 8 * I U 8 0 a H & E 5 M a 6 P * € e 9 3 5i a e : 32 - 9 e UPUSUOUL IOO I - 00D X lou / 4 3 5 3 I 9 3 5 a € 9 N 3 3 X E 9 1 - 5 a 5 % df 0 PALACK 1831 FLORIDE New Construction 197 22nd Avenue Official Use Only Date Received: 2/9/25 City of Apalachicola Planning & Zoning Meeting Date: 3/1925 Fees Due:s 200 Application for Development/Site Plan Approval Date Fees Paid: pard OWNER INFORMATION CONTRACTOR INFORMATION Owner Run Ramzjorel Contractor Name Tyev Polorunis Address 37 Thicas 3 A State License # R2X2X122Gty License # City Eastpout Statef ( Zip, 3a3as Email myboptkss poadcsn Phone Phone 850510147u PROJECTTYPE New Construction Fence Addition Accessory Structure Alteration/Renoyation Certificate of Appropriateness: Relocation Other Demolition 19739 PROPERTY INFORMATION Street Address (911 Address): aand AVR uR Apa-leciicole -1 nud 91 Addness City & State: Agalockicole f Zip: 3232 Parcel ID #: Block: 03Le Lot: 1819 Zoning District: yo K-2 [YI Historic District IX] Non-Historic District FEMA Flood Zone: X L - - OFFICIAL USE ONLY Certificate of Appropriateness Required? Y/N This development request has been approved, for a Setback Requirements of Property: Certificate ofApproprialeness (ifapplicable), zoning, Front: 5 Rear: 25 Side: 6 land use, and development review by the City of Corner LotyN Street Sides: 5 Apalachicola Planning & Zoning Board and a Lot Coverage: y0 V building permit is authorized to be issued. STAFF NOTISAECOMMENDATIONS: OT 92 224 Awe rwerks LDC City Staff Date Approved NOTE: This is a conceptual approval through the City based on our Land Development Code (LDC.) Please be aware that other documentation may be required by the Building Official. Applicant Initial Describe the proposed project and materials. Describe the proposed project in terms of size, affected architectural elements, materials, and relationship to the existing structure(s). 1 Swa M homa bewRRn twD lois d nystonc distw'ct TW hone LJ Asovoy G - 13-0 sgft s çoncrele Slaloi Howe owrer 45 wontns e home gvan o gray-bl paunted lardy OM eflerlo. t wshile AS wolous PROJECT SCOPE MANUFACTURER PRODUCT DESCRIPTION FL PRODUCT APPROVAL# Siding Haroly Doors Alerslass Windows silverling Roofing Shningles Trim 1x4 raolist Foundation ConcrER Slob Shutters X Porch/Deck S4 deck bocwds 514 Fencing Driveways/idewalks Other NOTE: Please have a site plan prepared to turn in with your application. At minimum, the site plan needs to contain: a North arrow, surrounding streets, lot lines, lot dimensions, setbacks, current structure dimensions, proposed structure dimensions, fence locations, andj fence heights. Applications requiring a Certificate of Appropriateness will also need to submit enderingselevations ofany proposed structures and note the materials proposed. More information may be requested by City Staff CERTIRICATION By signing below, I certify that the information contained in this application is true and correct to the best of my knowledge at the time of application. I acknowledge that I understand and have complied with all of the submittal requirements and procedures and have read and understand the following: 1. I/We hereby attest to the fact that the above supplied property address(es), parcel numbers(s), and legal description(s) is(are) the true and proper identification of the area of this petition. 2. I/We authorize staff from the City of Apalachicola to enter onto the property in question during regular business hours in order to take photos which will be placed in the permanent file. 3. I/We understand that the COA review time period will not commence until the application is deemed complete by staff and may take up to 10 business days to process. I further understand that an incomplete application submittal may cause my application to be deferred to the next posted deadline date. 4. I/We understand that, for Board review cases, an agenda and staff report (if applicable) will be available on the City's website approximately one week before the Planning & Zoning Board Meeting. 5. I/We understand that the approval of this application by the Planning & Zoning Board or staffin NO way constitutes approval of a Building Permit for Construction from the City of Apalachicola Building Department. 6. I/We understand that all changes to the approved scope of work stated in a Certificate of Appropriateness or Development Order application have to be approved by the P&Z Board before work commences on those changes. Making changes that have not been approved can result in a Stop Work Order being placed on the entire project and additional fees/penalties. 7. I/We understand that any decision of the P&Z Board may be appealed to the City Commission within 30 days after the decision by the P&Z Board; otherwise, the decision will be final. 8. I/We understand that a Certificate of Appropriateness is only valid for one year after issuance. They are renewable for six months without cause if requested, and for an additional six months upon showing of good cause by the applicant. The applicant must submit all requests for extensions in writing and provide appropriate support documents to City Staff, if needed. 9. I/We understand that P&Z Board approval is permission to obtain a permit for work and installation as indicated. I certify that all work will,be performed to meet standards of all laws regulating construction in this jurisdiction. 10. I/We understand that there will be no issuance of a Certificate of Appropriateness without the property owner obtaining Homeowner's Association approval (if required) prior to the P&Z Board Meeting and/or before the beginning of an work and in no way authorizes work that is in violation of any association rules or regulations. aila5 DATE SIGNATURE OF APPLICANT . 0 EI E Af < US N N 9 3 3 - 5 - y N # & a Au € 8 3 8 * à 0 8 H G 2 R - 7 * - * - 3 190-9Z :ON 80r SAB 03X03H0 MV Now 0u51570ava sz/92/10 ONG'1909Z au ist CON, bspayang puo soN NMNVEE AINNOO IVId B3d EN 89 A8 NWVAG sz/1S/10 aLVa AMGE cou 1 S3NV EISSGSROAKXV estra GRGKGODAWINON % SSEZE VANOT 410HDI0S . 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X0078 61 107 XOV8I3S SL a 3 (w).2o'00L 3,9E,45.88S a SAse 09LL (d8),0000L 09LL# & 3 M 4 S E * e 1 B ai E - 8 9 0 a a 2 a B E - 8 3 8 a W : CC G E a I OL0E NS o 0 o a 9 - S : - o $ 2 e a a 206: HE: & a 090€ 090E 090E OR0E sz- S S 8 * : o 3 8 3 E 3 -7 N 3 4 L ET : - I H o po 0 01 a4 6 - D o - a ol 9 / a f a de a & a 5 B ze S & 8 ZLE > e E e - - I 1 I 5 E $ 3 3 I H 3 3 o N - - e 5 3 a * < E y AOATAATOAATOSTOAINA JUD 1 3 S E 3 e / 2 e 5 5 2 a 3 A 2 de € % 5 5 3: 3 3 0 e; 1 8 5 X es 2 8 S PALACK - - - - 1831 FLORIDE New Construction 191 14th Street Official Use Only Date Received: a/21 Mecting Date: O City of Apalachicola Planning & Zoning Fees Due: aC Application for Development/Site Plan Approval Date Fees Paid: 21a5 OWNER INFORMATION CONTRACTOR INFORMATION Owner RGBHgB fhimhyg INo Contractor Name Ronle Elwatk Gosh Address 1722 HonloA RJ State License #CACI476 City License # 24-411 City. Labnde State GA Zip. 30241 Email rohfinc Ognailcon Phone 4ot $27 9lof Phone 404 4279l08 PROJECTTYPE New Construction Fence Addition Accessory Structure Alleration/Renoyation Certificate of Appropriateness Relocation Other Demolition PROPERTY INFORMATION Street Address (911 Address): 191 1h SHpet City & State: ARlachirah Flonda Zip: 32320 Parcel ID #: / 91 w 870-0140-00lo Block: 140 Lot: lo Zoning District: A-2 Historic District V Non-Historic District FEMA Flood Zone: % OFFICIAL USE ONLY Certificate of Appropriateness Required? Y/N This development request has been approved fora Setback Requirements of] Property: Certificate ofAppropriateness: (fapplicable), zoning, Front: 15 Rear: 25 Side: S land use, and development review by the City of Corner Lot2YIN Street Sides: IS Apalachicola Plaming & Zoning Board and a Lot Coverage: 4 020 building permit is authorized to be issued. STAFF NOTES/RECOMMENDATIONS: YwRRIs LDC OM City Staff Date Approved NOTE: This is a conceptual approval through the City based on our Land Development Code (LDC.) Please be aware that other documentation may be required by the Building Official. REG Applicant Initial CS CamScanner Describe the proposed project and materials. Describe the proposed project in terms ofsize, affected architectural elements, materials, and relationship to the existing structure(s). Th praposed projeet 1s 4 Maw conshachon sigl-fanily residence bilt fiom H "Cosstsl Cotaat plan witl 1265 squere fect 6 lvin space, The design wll incerporcte a Li-pesistunt meterals Cand praducls aHbl fer Feridas Lastal climute, sud ts Harke beard sicl.ag and PGT impact restont idows. A: prejeat 1 ww conchrucon on unekeucl 26 bis no relation * Ck. hnq struchwres C HL s6mL lct ekisb, The projeut wl scluct tim finsky, and solers that tomplemerts Wk ngbahedl unel coast.) evifs sament. PROJECT SCOPE MANUFACTURER PRODUCT DESCRIPTION FLI PRODUCT APPROVAL# Siding JAMeS Vordle Fiber-cemens BI92.2 Filer-tehent K Dublag Plolvets Se Daaels 13192.4 Doors MMI Doof Taput fberglag door 173+7-5 Windows PGT Single Hung Fmpact 1435 SH - 5500 Roofing F-berglus feinfordl laviared 612+ GAP aelf Sligles Trim James Harfie Harde Thin Bvilly. Pokcb Foundation Monolithic Slab Shutters Jameh Harde Hochc ShHus A-Wgralb Porch/Deck Canute Fencing Driveways/idevalks Pover's Other NOTE: Please have a site plan prepared to turn in with your application. At minimum, the site plan needs to contain: a North arrow, surrounding streets, lot lines, lot dimensions, setbacks, current structure dimensions, proposed structure dimensions, fènce locations, andj fence heights. Applications requiring a Certificate ofAppropriateness will also need to submit renderingsleleations ofany proposed structures and note the materials proposed. More information may be requested by City Staf: CS CamScanner CERTIFICATION By signing below, I certify that the information contained in this application is true and correct to the best ofi my knowledge at the time of application. I acknowledge that I understand and have complied with all ofthe submittal requirements and procedures and have read and understand the following: 1. I/We hereby attest to the fact that the above supplied property address(es), parcel numbers(s), and legal description(s) is(are) the true and proper identification ofthe area of this petition. 2. I/We authorize staff from the City of Apalachicola to enter onto the property in question during regular business hours in order to take photos which will be placed in the permanent file. 3. I/We understand that the COA review time period will not commence until the application is deemed complete by staff and may take up to 10 business days to process. I further understand that an incomplete application submittal may cause my application to be deferred to the next posted deadline date. 4. I/We understand that, for Board review cases, an agenda and staff report (if applicable) will be available on the City's website approximately one week before the Planning & Zoning Board Meeting. 5. I/We understand that the approval ofthis appliçation by the Planning & Zoning Board or staff in NO way constitutes approval of a Building Permit for Construction from the City of Apalachicola Building Department. 6. I/We understand that all changes to the approved scope of work stated in a Certificate of Appropriateness or. Development Order application have to be approved by the P&Z Board before work commences on those changes. Making changes that have not been approved can result in a Stop Work Order being placed on the entire project and additional fees/penalties. 7. I/We understand that any decision of the P&Z Board may be appealed to the City Commission within 30 days after the decision by the P&Z Board; otherwise, the decision will be final. 8. I/We understand that a Certificate of Appropriateness is only valid for one year after issuance. They are renewable for six months without cause ifr requested, and for an additional six months upon showing of good cause by the applicant. The applicant must submit all requests for extensions in writing and provide appropriate support documents to City Staff, if needed. 9. I/We understand that P&Z Board approval is permission to obtain a permit for work and installation as indicated. I certify that all work will be performed to meet standards of all laws regulating construction in this jurisdiction. 10. I/We understand that there will be no issuance of a Certificate of Appropriateness: without the property owner obtaining Homeowner's. Association approval (ifr required) prior to the P&Z Board Meeting and/or before the beginning of an work and in no way authorizes work that is in violation ofany association rules or regulations. 02/21/2025 Rauw Huhn DATE SIGNATURE OF APPLICANT CS CamScanner - $ 5 € € de a 8 r * I a R à 3 3 3 € - € - e 5 9 2 2 y: 29 2 o 5 2 a 3 3 € & - $ E DE EEDE2 I. k 3 - - I 5 S e Ci € * RA Rr % - Cly, M # 6 A > % & K 19 € e S - - € d R & E 6 < 5 a f% M 3 a BE % / AA A EM A - do - : & 4 E6 A 6 E S a B $ a s 2 : A L - S - SA : MA A 6 3 - 4 * 1L - 4 A : - S, R E : - 8 3 E & % * g 2 5 9 g A 5 E A - % a B u A # - A A A - A E : * 3 A e g a R & A 5 l 6 6 a 9 , e - E A - 7 Dn 5g I E a f A P A 7 K a à N K, * BE. 4 AA & A * # 4 9 V & - A EN 3 - 4 e 1, 53 &5 C & a E * $ 6 - C o > $ % € - P E. BE 2 % 3 4 3 # B S 3 aA $ : * y V SA S B & &, e % - 3 : 5 / - € à - E A 7 3 e - 1 E - a y S 59 an a E € 6 - of 3 6 - ES I 3 - 2 - @ - 2 2 * € - E I I 8 E De A 87 3 5 3 6 3 8 € S 9 I 3 a à 3 $ à a % . E I a I € : I & E E E i - - E - 1 I I a I 88 I 5 f I I I 2 I a : de € * I I E ! - 3 I & € $ , e K S B I S N 9 E a € & 6 a . 3 9 3 - 0 € 8 I ob 2 S 8 a 1 8 f 3 - E - 5 a 6 9 3 & < 8 o I D5 & € $ d$ à de a I e E I 0 de de 8 € a - - e 5 2 9 E I a : dr e A 8 € - M - € I a I I a 5 a 5 B I 9 1 E 2 : a S & e S ei 6 A: & a * E SZOZ 2/I 91 8 S8ZI ouvd ySZSI OUVGRRS FSSEI 3DVYDI I8VO00 y509 HOVOLINOUI yS89Z1 BOOTNWW 0 0 gNOIVASTS NVId 8007HNMW 0 ZE L 9 61. HSOSOE HSOSOE 2 R 91 6 HSOSOEZ I A 7 890E S C NIIBDAVAI L ONINIG ONIBDGEINVA ONIATT - e WWSOHOINOIENO 01-879 8-E 71P030M/FINO3NO 8942 e NENIT NOHDITX r - 1 39NVH 13SO7 899ZXZ o o 8 oRR - D 8 898Z L 8 Z/I 8 o Z 6-5 HIVE ABGNAVI - @ M Z e don WOOJG38 0 E. C ONIEDAVAD) @ 3 13SO7D HIVg 4 01-8 BBISWW 13S07 8 S a 89QZX2 ZISE 894Z XZIEZ $ NaVB 8912 DG do SS3DDV DUIV I 8 : - 01 o 8 A E / / - / - - 8 WOOG38 WOO8G38 B3ISWW e ONIBDAVID 1 & AosoE HSOSOE 78982 01 2/1 8- 01 .219 9-2 9-21 0- * 9-51 39W8VO I8VD 709 OIVd OIVd GEN3AOD I a 890E IX II-E 6- zII 1 0-01 0-22 0-ZE - d - - - ITITTTIT à d d 6 y S % do a Wd :94:1 ZoZ/z/I to IITTTI Zoz/y 2/I l ITTTTILT 91 8 X 0 8 0 V=. 8-NVId-OO8 ZI6 .9L 8 0 0 9-NVId 7VANIDAHIS 0-ZE 9-21 9- 61 HDNOd. INONH, JS VV2L VBSV ONIAIT. gvis. OITTONOW: PALACKT 1831 FLORIDE New Construction 190 13th Street Official Use Only Date Received: 3/21 City ofApalachicola Planning & Zoning Meeting Date: 3/0/25 Fees Due: 200E Application for Development/Site Plan Approval Date Fees Paid: 2/25 OWNER INFORMATION CONTRACTOR INFORMATION Owner RG BAhy & Fraing. INC Contractor Name Romic Edwark Gooch Address 1722 Hanllon RJ State License # CCkR34576 City License # 24-411 City. Lahfaage State GA Zip, 3024! Email robfinc Oomail.com Phone 404 427 9log Phone 404 427 9l08 PROJECTTYPE New Construction Fence Addition Accessory Structure Ale-ration/Renoyation Certificate ofAppropriateness: Relocation Other Demolition PROPERTY: INFORMATION Street Address (911 Address): 190 134A Stret City & State: Apul lackidla, florha Zip: 32320 Parcel ID #: 1-09-0 08w/- - 9R0-0140 -Oolo Block: 140 Lot: Zoning District: 2 1 I Historic District [VNon-Historic District FEMA Flood Zone: X OFFICIAL USE ONLY Certificate of Appropriateness Required? Y /N This development request has been approvedfora Setback Requirements ofl Property: Certificate ofA Appropriateness (ifapplicable), zoning, Front: 15 Rear: 25 Side: 5 land use, and development review by the City of Corner Lot?YN Street Sides: 15 Apalachicola Planning & Zoning Board and a Lot Coverage: 40 h building permit is authorized to be issued. STAFF NOTES/RECOMMENDATIONS: vets LDC o 1 - City Staff Date Approved NOTE: This is a conceptual approval through the City based on our Land Development Code (LDC.) Please be aware that other documentation may be required by the Building Official. REE Applicant Initial CS CamScanner Describe the proposed projcct and materials. Describe the proposed project in terms of size, affected architectural elements, materials, and relationship to the existing structure(s). Th xpassdl $ G. nww imatatlan nyle- -fem.l residente baltfem th "Costal Phage 1 1269 fut of living pLL. The v4 intarpark : matenals And roduet tabk Sr Fland 3 limate, Sch Hanls bosnl 4 ant PGT mpavt windlows, As Ae ày nw nw sonstustier on ndevcloped lots no duhon o hrtutes GA the SANL d LAsts. The Lu im Eniskes ath soloss tet samplenent Hen nighbuchd Arpl cste AVSa Vant, PROJECT SCOPE MANUFACTURER PRODUCT DESCRIPTION FLI PRODUCT APPROVAL# Siding James Horlle ber-cereAt Sijlag, 13192.2 fiber-Cenent y Shlagle Buildlng Ploschs Puntis 13192.+ Doors MMT Ddaf Tmpach fberglag door 173+75 Windows PGT Single Hurg Timpoct 1435 SH- 5500 Roofing Fbyoker relfard lahafts l0124 G-AA ayphalhshingle Trim Jamey Hude Hadke in BMy frhud Foundation mool.Nc shb Shutters Jamts Hda Hahe Shrdlus B.is frdnch Porch/Deck Corcte Fencing Driveways/Sidewalks Royer Other NOTE: Please have a site plan prepared to turn in with, your application. At minimum, the site plan needs to contain: a North arrow, surrounding streets, lot lines, lot dimensions, setbacks, current structure dimensions, proposed structure dimensions, fence locations, andfence heights. Applications requiring a Certificate of Appropriateness will also need to submit renderingslelevations ofany proposed structures and note the materials proposed. More information may be requested by City, Staf CS CamScanner CERTIFICATION By signing below, I certify that the information contained in this application is true and correct to the best ofr my knowledge at the time of application. I acknowledge that I understand and have complied with all oft the submittal requirements and procedures and have read and understand the following: 1. I/We hereby attest to the fact that the above supplied property address(es), parcel numbers(s), and legal description(s) is(are) the true and proper identification ofthe area oft this petition. 2, I/We authorize staff from the City of Apalachicola to enter onto the property in question during regular business hours in order to take photos which will be placed in the permanent file. 3. I/We understand that the COAI review time period will not commence until the application is deemed complete by staff and may take upt to 10 business days to process. I further understand that an incomplete application submittal may cause my application to be deferred to the next posted deadline date. 4. I/We understand that, for Board review cases, an agenda and staff report (if applicable) will be available on the City's website approximately one week before the Planning & Zoning Board Meeting. 5. I/We understand that the approval ofthis application by the Planning & Zoning Board or staffi in NO way constitutes approval of a Building Permit for Construction from the City of Apalachicola Building Department. 6. I/We understand that all changes to the approved scope of work stated in a Certificate of Appropriateness or Development Order application have to be approved by the P&Z Board before work commences on those changes. Making changes that have not been approved can result in a Stop Work Order being placed on the entire project and additional fees/penalties. 7. I/We understand that any decision ofthe P&Z Board may be appealed to the City Commission within 30 days after the decision by the P&Z Board; otherwise, the decision will be final. 8. I/We understand that a Certificate of Appropriateness: is only valid for one year after issuance. They are renewable for six months without cause ifrequested, and for an additional six months upon showing ofg good cause by the applicant. The applicant must submit all requests for extensions in writing and provide appropriate support documents to City Staff, ifneeded. 9. I/We understand that P&Z Board approval is permission to obtain a permit for work and installation as indicated. I certify that all work will be performed to meet standards of all laws regulating construction in this jurisdiction. 10. I/We understand that there will be no issuance of a Certificate of Appropriateness without the property owner obtaining Homeowner's Association approval (ifrequired) prior to the P&Z Board Meeting and/or before the beginning of an work and in no way authorizes work that is in violation of any association rules or regulations. 02/21/b025 RL Muhn DATE SIGNATURE OF. APPLICANT CS CamScanner à - 5 / 9 e € BE a e a 9 a a 11 I € N M a 2 : % 29 - - : I 9 : . 3e I I I N w qt: 54 BEEbE22 6 - L I 1 a I a * Giy & $ r - 2 Cuy, - 6 E 8 > & % > 1 39 6 E 8 * - - - E 1 8 3 S E E € : 5 Ai % E BE / A A * 47 A EA % - o 8 4 - - A S a B 5 : € 5 € $s A 2 1 B / K SA - A A & 14 - - A $ B 8 9 S e S B 59 8 BE 8 I @ 5 A la 6 A a 2 a A - & $ - 5 A A * - A - g & A 6 hy € a - 4: de - B 58 A * ! / 85 a 3 - n 8 K 4 3 a - - - &% * P E. 2 5 K. - 3 * * 6 f 4 4 A AR *3 * & - a 8 5 e & * :: 21 o A € 3 a C SA * A 6 2n d - A : - n - BE E 3 8 3 B - 4 de E - A - 6 : 5 / à : S B $6 a - % a 3 I S - 3 - 4 a * - 3 * : - : S - 38 n Y 5 AU € C a a a 6 % GA B B à S I I * 1 9 2 * à 3 3 I 8 - 84 e * : 3 8 I 3 5 à 3 : 9 . 3. à a & E E S E 5 I € à i ( 2 8 : I I E & I I 3 I Es de 3 0 e I I a 8 . E E de a a I I € E 8 3 K Z: 5 5 8 I 5 € 5 & E a 9 $ * - a 9 e > : I I . 2 € I 8: a e E I € e $ € 8 e s a - 6 a E I $ o W : I & & a I I % & 2 5. - e I & 5 9 € - € 5 e e & I A - I I I 5 € 8e 2 9 A A 2 ! e : : 5 - e 4 M a A 8 9 S8ZI ouvd .91 8 4 0 SZSI OUYJBVE YSSEI 39MVOI I80409 S09 HOWOSINOHI S8921 BOOHNIVW VNOIIVAET NVId 8OO1HNMW 0 ZE 9-61 9-21 L, d * E L HSOSOE @ HSOSOE a II- D.9-6 6, HSCSOEZ a 890E 2 C (ONNBDAVD 3 T ONINIG GNASDGBITAWN HVWPSQHOINOB8: 3NO ONIA7 98BINNODE 3A08V. 1NO3NO4 de I NOHDITN 0 > o 8-E 5.01-8 e 8912 V - - NENIT 39NVA 13SO7 e .61 E 0-E o o 890Z42 a 3d2 - oo @ 898Z 8 00 ZI 6-5 2I 8- o 8 HIVB 4 ABGNAVT J 2 a M D e 01 - 0 0-8 Z ann WOOJG38 - a 13S072 ZNTIBDAVAD p HIVB BBISWW 01-8 ZI 01 o ?2 8 13SO7D 891Z ZISE 890ZXZ N8V8894Z a XZIIEZ SS3DDV DE 01 S .8-5 1 DUIV - WOOJG38 WOOJG38 BBISWW a ONABDAVAD) e HSOSOE HSOSOE 1898Z Z/I 9 2/18-01 E 9-S1 0- 39WdVO OIVd OIVd 18VD GE83AOD 109 ZI ZII-E 8909 X ATS - - .0-01 .0-21 0-01 0-ZE ouuI - a -/ ITTTTT % d a A t V S 6 4 3 à 6 ITTTTLL No /Z/I t ITTTIL BBE Wd T/I 91 8 V-NVIdJO08 1 a 9L 8 - V-NVId VnioneIS .0-ZE 9-61 .9-21 HDNOJ INONI 3 0 JS. bVzL VANV ONIAIT gVIs. OIITONOW,; 0 C ' . - - a 9 S VEEO PALACK - 7 - 5 1831 FLORIDE New Construction 193 14th Street Official Use Only Date Received: 2/21/25 Meeting Date: 346/25 City ofApalachicola Planning & Zoning Fees Due: 200. Application for Development/Site Plan Approval Date Fees Paid: 2/25 OWNER INFORMATION CONTRACTOR INFORMATION Owner RG Billg& fnmig.INe Contractor Name Rondle Elwati Gooch Address 1722 Han.lon RJ State License # CRCB34576 City License # 24-411 City. LaGuage State GA Zip 30241 Email fohfinc Ogmw.Com Phone 404 427 9log Phone 4ot 427 9l08 PROJECTTYPE New Construction Fence Addition Accessory Structure Aleration/Renovation Certificate ofAppropriateness: Relocation Other Demolition PROPERTY INFORMATION Street Address (911 Address): 193 1444 Stret City & State: Apa lachcala, Horida Zip: 32320 Parcel ID#: 01-095 : W-PRN-0H0-0olo Block: 140 Lot: 9 Zoning District: A-2 L - Historic District V Non-Historic District FEMA Flood Zone: X OFFICIAL USE ONLY Certificate of Appropriateness: Required? Y/N This development request has been approvedj for a Setback Requirements of] Property: Certificate ofAppropriateness (ifapplicable), zoning, Front: 5 Rear: 25 Side: 75 land use, and development review by the City of Corner Lot? YND Street Sides: Apalachicola Planning & Zoning Board and a Lot Coverage: 4070 building permit is authorized to be issued. STAFF NOTES/RECOMMENDATIONS: wets LDC DKN City Staff Date Approved NOTE: This is a conceptual approval through the City based on our Land Development Code (LDC.) Please be aware that other documentation may be required by the Building Official. REG Applicant Initial CS CamScanner Describe the proposed project and materials. Describe the proposed project in terms ofs size, affected architectural elements, materials, and relationship to the existing structure(s). Thu ptepose pecti is a nww cowstachon, ngl- fam. ruenu bult fan th "Cast Cathase plan, with 12.07 MG fef y SpAce Th hsiqu wl intorporit wa Het cesi stunt mates and pcot A 1 k for Fler.dey cestl lnde Sud as Arie boan anc PGT wows As - 1> 3 construchon on no ckuho ) shuchts 0 Hhe lot eksts The project will seleut tm, faslus, and cobrs a complemunt he nidlohad an cash anvtumast. PROJECT SCOPE MANUFACTURER PRODUCT DESCRIPTION FLI PRODUCT APPROVAL# Siding Jumes Hodlc Ribu-cement lag Gdus 13/92,2 Bvllig proders Fiber-tement Aolched Shlngk 13192-+ panels Doors MMT Doar Tmpuf Filbglgr doof 173475 Windows PGT Single Hvng Tipact 1435 SH-5500 Roofing GAP Fiberglas fehhforces lominares (0/24 asplalf Shigles Trim Jomes Hudke Hare Tim Bl Ru-cls Foundation Monolihic Sl46 Shutters James Harhic Hard.e ShnHus BMirg frauds Porch/Deck Concrete Fencing Driveways/Silewalls Pavers Other NOTE: Please have a site plan prepared to turn in with, your application. At minimum, the site plan needs to contain: a North arrow, surrounding streets, lot lines, lot dimensions, setbacks, current structure dimensions, proposed structure dimensions, fence locations, andfence heights. Applications requiring a Certificate ofAppropriateness will also need to submit enderings/elevations ofany proposed. structures and note the materials proposed. More information may be requested by City, Staf. CS CamScanner CERTIFICATION By signing below, I certify that the information contained in this application is true and correct to the best ofi my knowledge at the time of application. I acknowledge that I understand and have complied with all of the submittal requirements and procedures and have read and understand the following: 1. I/We hereby attest to the fact that the above supplied property address(es), parcel numbers(s), and legal description(s) is(are) the true and proper identification of the area ofthis petition. 2. I/We authorize staff from the City of Apalachicola to enter onto the property in question during regular business hours in order to take photos which will be placed in the permanent file. 3. I/We understand that the COA review time period will not commence until the application is deemed complete by staff and may take up to 10 business days to process. I further understand that an incomplete application submittal may cause my application to be deferred to the next posted deadline date. 4. I/We understand that, for Board review cases, an agenda and staff report (if applicable) will be available on the City's website approximately one week before the Planning & Zoning Board Meeting. 5. I/We understand that the approval ofthis application by the Planning & Zoning Board or staffi in NO way constitutes approval of al Building Permit for Construction from the City of Apalachicola Building Department. 6. I/We understand that all changes to the approved scope of work stated in a Certificate of Appropriateness or Development Order application have to be approved by the P&Z Board before work commences on those changes. Making changes that have not been approved can result in a Stop Work Order being placed on the entire project and additional fees/penalties. 7. I/We understand that any decision ofthe P&Z Board may be appealed to the City Commission within 30 days after the decision by the P&Z Board; otherwise, the decision will be final. 8. I/We understand that a Certificate of fAppropriateness is only valid for one year after issuance. They are renewable for six months without cause if requested, and for an additional six months upon showing of good cause by the applicant. The applicant must submit all requests for extensions in writing and provide appropriate support documents to City Staff, if needed. 9. I/We understand that P&Z Board approval is permission to obtain a permit for work and installation as indicated. I certify that all work will be performed to meet standards of all laws regulating construction in this jurisdiction. 10. I/We understand that there will be no issuance of a Certificate of Appropriateness without the property owner obtaining Homeowner's. Association approval (ifrequired) prior to the P&Z Board Meeting and/or before the beginning of an work and in no way authorizes work that is in violation of any association rules or regulations. 02/21/2025 lolwe Mus DATE SIGNATURE OF APPLICANT CS CamScanner 5 o 8 € * 5 31 I Z M 9 a 9 9 : - 9 - - I $ : 3 3 - E DEs a 23 *3 I e I I I 3 21 30 & * a Rc. & - Cuy, # 6 6 A a Pbes e S - 8 S , % 1 88 6 5 1 b a & € D0 E 9 à - 5 E - € % A : & & BA A a de : 4 : - 2 A - a S 5 Ss e a 5 A e % 2 A BE % - / M SA : - A e a A - M A e W a 8 d e : - A f B $ - @ A 5 & E $ A % * a & du $ : N A # A A - 16 E * A € 8 3 6 A S 5 ly AV 8 a E € @ d E $ - A 5 - 3 9 a a a d& 8 % 4 % 7 B a - 7 4 à 3 - 6 * 3 % K. BE A AA & e e A 5 : à A 4 3 - 1 a a - 59 6, & 7 E < * * R a d So 6 * C A :: dE. - E 3 - 3 - - E * A * $ 3 S B * A - - e e 38 S5 & ' 6 a $ & - * 3 - 3 - 6 y $ : W € an 6 - a a > - 6 SGA A 4 B $ - $ I N 9 9 lE / - * * 52 : 3 8 * 8 8 E $ 3 8 3 5 à I I - 9 . & f s e E E E I - I 3 E I as - I 9 2 E S I € a 1 E8 a I & i E 8 $ a e I à E e - I I 5 E 3 I e a E de B I 2 - a de a 9 - a a g à . I a I 4 I 2 3 I S f 0 de E 8 & I : : a & - a a De a € e & & I de - - a E 5 - S 2 I de - - 5 E W f A 8 3 E AV 3 W 8 R : e a 1 a 4i 5 5 I B 2 € - 2 I A a 8 I I ei a & S - E Wd ZZSZI SZOVEIZ 9L 8 0 JSZL HONOd INOWI YSZOZI BOOTINM 0 .N VI NOIIVA3TE - NVId 8OOT NIVW .0-0E 0I ZI Z-41 S-9 S-9 HSOS85 NIL E Z @.8-8 E 9 on5 1X3 890E b HSOSOE NIWL d - ONINIO (NTIBDGBITAWA SNIAIT e N e NEHDLIX .01 8T € 8-E e 8942 9 NENIT B9NVA 13SOTD e 89q2XZ o da oA & 8 898Z o & 7/I Z- 8 I E-S ANONIVI 6 (ajino * OR2)L IDSIVHEANO 1311 JV EHSVM @ @ WOO8G38 01-8 9V7 3SOTD - à I 0I E 3SOTD B & 8992X2 ZISE 8942 BOOO XVIEZ - a C NV889V2 D SS3DDV DILIV 5 8- a .01 8 e (ONIBDGBIVA WOO8O38 WOO8O38 898Z 83SWW V ainmnul pV A 0- .9-21 .0-b .9-EI .0-0E ZOZ/EI/Z d S % d d & 5 6 ZI % A 5 C SZOZ/EIZ to 1 ZI6 Nd CLSCI SZOV/EIZ 6 CI Wd G 0 a / 91 8 1 0=. V-N NVId JOOB I EI/ .91 8 0-.1 V-NVId vaNIonHIS .0-0E 9-21 9-.41 HDHOd INOWI. a VNVONIAIT BysDuONOW Wd OV/EML 0=, VN NOIIVA3TE NVId 80O7 NIVW JS J4 HDNOdINOW s LOZT NVds 8001: - CS PALACHI / - 1831 FLORIDE Pavers 108 22nd Avenue Official Use Only Date Received: 2/21/25 City ofApalachicola Planning & Zoning Meeting Date: 3/10/25 Fees Due: $50 Application for Development/Site Plan Approval Date Fees Paid: 2/21/25 OWNER INFORMATION CONTRACTOR INFORMATION Owner James Grater & Kathleen Binder Contractor Name self Address 108 22nd Ave State License # City License # City Apalachicola State FL Zip 32320 Email enegateregaemsccon Phone (202) 506-0757 Phone (202) 506-0757 PROJECTTYPE New Construction Fence Addition Accessory Structure Alteration/Renovation Certificate of Appropriateness Relocation Other landscaping, pay wers Demolition PROPERTY INFORMATION Street Address (911 Address): 108 22nd Ave City & State: Apalachicola, FL Zip: 32320 Parcel ID #: 01:095-08W-8330-0262-0120 Block: 262 Lot: 12-15 Zoning Districtz R2 I L I Historic District X Non-Historic District FEMA Flood Zone: X OFFICIAL USE ONLY Certificate of Appropriateness Required? Y/N This development request has been approvedfor a Setback Requirements of Property: Certificate ofAppropriateness (ifapplicable), zoning, Front: Rear: Side: land use, and development review by the City of Corner Lot2, Y/N Street Sides: Apalachicola Planning & Zoning Board and a Lot Coverage: 402 building permit is authorized to be issued. STAFF NOTES/RECOMMENDATIONS: menets, LC oK City Staff Date Approved NOTE: This is a conceptual approval through the City based on our Land Development Code (LDC.) Please be aware that other documentation may be required by the Building Official. / 14 Applicant Initial KNB Describe the proposed project and materials. Describe the proposed project in terms of size, affected architectural elements, materials, and relationship to the existing structure(s). Front - 90 squareieet of walkway, 4 foot wide - built with pavers or composite decking. Walkway would extend from gravel parking to front porch. Back - 420 square feêt of paver patio cCtesse PROJECT SCOPE MANUFACTURER PRODUCT DESCRIPTION FL PRODUCT APPROVAL# Siding Doors Windows Roofing Trim Foundation Shutters Porch/Deck pavers or composite decking Fencing Driveways/Sidewalks Other NOTE: Please have a site plan prepared to turn in with your application. At minimum, the site plan needs to contain: a North arrow, survounding streets, lot lines, lot dimensions, setbacks, current structure dimensions, proposed structure dimensions, fence locations, and fence heights. Applications requiring a Certificate ofAppropriateness: will also need to submit enderings/elevations ofa any proposed structures and note the materials proposed. More information may be requested by City Staf. CERTIFICATION By signing below, I certify that the information contained in this application is true and correct to the best of my knowledge at the time of application. I acknowledge that I understand and have complied with all of the submittal requirements and procedures and have read and understand the following: 1. I/We hereby attest to the fact that the above supplied property address(es), parcel numbers(s), and legal description(s) is(are) the true and proper identification of the area of this petition. 2. I/We authorize staff from the City of Apalachicola to enter onto the property in question during regular business hours in order to take photos which will be placed in the permanent file. 3. I/We understand that the COA review time period will not commence until the application is deemed complete by staff and may take up to 10 business days to process. I further understand that an incomplete application submittal may cause my application to be deferred to the next posted deadline date. 4. I/We understand that, for Board review cases, an agenda and staff report (if applicable) will be available on the City's website approximately one week before the Planning & Zoning Board Meeting. 5. I/We understand that the approval of this application by the Planning & Zoning Board or staff in NO way constitutes approval of a Building Permit for Construction from the City of Apalachicola Building Department. 6. I/We understand that all changes to the approved scope of work stated in a Certificate of Appropriateness or Development Order application have to be approved by the P&Z Board before work commences on those changes. Making changes that have not been approved can result in a Stop Work Order being placed on the entire project and additional fees/penalties. 7. I/We understand that any decision of the P&Z Board may be appealed to the City Commission within 30 days after the decision by the P&Z Board; otherwise, the decision will be final. 8. I/We understand that a Certificate of Appropriateness is only valid for one year after issuance. They are renewable for six months without cause if requested, and for an additional six months upon showing of good cause by the applicant. The applicant must submit all requests for extensions in writing and provide appropriate support documents to City Staff, ifi needed. 9. I/We understand that P&Z Board approval is permission to obtain a permit for work and installation as indicated. I certify that all work will be performed to meet standards of all laws regulating construction in this jurisdiction. 10. I/We understand that there will be no issuance of a Certificate of Appropriateness without the property owner obtaining Homeowner's Association approval (if required) prior to the P&Z Board Meeting and/or before the beginning of an work and in no way authorizes work that is in violation of any association rules or regulations. Zpyhozs Mat PRBTBeE DATE faL SIGNATURE OF APPLICANT * - 9 & à - a 3 8 90 Trepsas: 420 uwvents 272. 1G90 34 320 A 2 - 2.5 1 14,0064 2,3 4 3 BENRP 510 407 6 2,853 5R PLAT OF BOUNDARY AND SPOT SHOT SURVEY FOR: KATHLEEN BINDER and JIM GRATER LOT11 à BLOCK" 262" à 4.16 100.00/RP) FIR(5/8) x 13.80 FIR (587 ) N89*26'06"W 100.24'(M) 291 BENT 13.76 cld 46 TCRRFE 0- o - o o o - o 0 * eop GRAPHIC SCALE 13.23 30 e 9 LOT12 BLOCK 3 13.79 "262" ) eop/ gravel IN FEET ) 1 inch - 30 ft. 13.84 3, 48 eop/s gravel 13.44* a LOT 13 E BLOCK e L 2 "262" of ILe T0 20.15 13.706 a LOT1 14 262 1-STORYBLOCK DWELLNG 14.19, 9 BLOCK "262" 13.61 L9D x 9 e 6 14.65k & E a o 8 FFE 4T CONCRETE 13.83 LOT 15 AC PAD 9 BLOCK 14.11x 9 a "262" RIER 3.60, X 13.84 18.35 METER eop cid 56.22' 25.65 S FIRC(587 STOPSIGN à 14.03 NOI ID, ) STEB BENCHMARK 9 S2WE -TOP HYDRANTO OF FRE ELEV. & RW 340 RW 15.56 (NVADE 88) E k13.36 R=9266.21" FIRC (5/8) fg FIR (5/87 #4261 A=0037'11" EIGEUFPAVERENT L=100.23(M) CH-N89-2502"E x 14.65 100.23'(M) LEGAL DESCRIPTIO N: clrd 4TH STREET Lots 12, 13, 14, & 15, Block" 262'0/GREATER/ APLACHICOLA a: subdivision 50'RW-PAVED asA peri map or plat thereofa as recordedi in Deed Book M, Pages 436-473 ofthe Public Records of Frankfin County, Florida LEGEND A POMTADTSETORFOLND NOTES: RP RECORDPLAT RW RGHTOFMAY M MEASURED 1. SURVEY SOURCE: Record plata and a field survey performed by the undersigned. surveyor. NOTTOSCALE Y 2. BEARING REFERENCE: Westerly right-of-way boundary of 22nd. Avenue having SRC SETSS'REROORYI an assumed bearing of! North 00 degrees 58 minutes 15 seconds East FCM FOUMD COMCRETEMOMLIENT 3. NO IMPROVEMENTS have been located int this survey other than shown hereon. ARC FR FOUNOA FOUNDA ROWRODAND ROWROD CAP/S87 4. There are NO VISIBLEL ENCROACHMENTS. other than those shown hereon. FP FCIP FOUNDA FOUND RONPIPE GRIMPEDA ROWPRE 5. This surveyis dependent upon EXISTING. MONUMENTATION FAP FOVADPMCKEDROVPPE 6. Not valid without the signature and the original raised seal of FMD FOUND a Florida licensed surveyor and mapper. RND G ROUND GROUMDS SHOTELEVATION Iherebyo certiy thatlisisa a trves ando conedrptserhaiond FLOOD ZONE - NFORMA ATION: the property shown hereona andhathiss surveymeets Dhen minlmum technicals slandards forlands surveylng (Chapler5-17. Zone .051/.052F Florida Administrasive Code) Subjectpropertyis! locafedinz X"(0.2%)a asp perFlood Insurance Rate Map Community Panell No: 120089 0509F Theu underigneds sueyorhasn notbeen providedas cumentale index date: February 5, 2014, Frankfin County, Florida. oplnlonc ora abstactolmatterss afecfngined ofboundirktaihe. subjectproperty EIspossDie theeao deedso orecords THURMAN! RODDENBERRY & ASSOCIATES, INC unrecordedd deeds, easemegls efcthecsbimens wihé 6gudfect thel boundaries. R A FROPESIONALSUNVPON, ANDN MAPPERS P.0.BOX100 13SSHELDONSTREET SOPOHOEP,PONDAJIS & PRONENUNSERE E89394 uns FAXN NUMSEZ:E 850-334103 JAMES TA RODDENDERRY DATE: 11/16/21 DRAMN 8Y: 1o COUNTE Fronkin Surveyora andA Magper nap WORK Florda Certifcale No: 4261 FLE 98494.DNC DATE S J08 NUMBER:S 98-494 PALACK 1831 FLORIDE Accessory Structure 54 17th Street Official Use Only Date Received: 2/24 City of Apalachicola Planning & Zoning Meeting Date: 3/10 Fees Due: $50 Application for Development/Site Plan Approval Date Fees Paid: 2/24 OWNER INFORMATION CONTRACTOR INFORMATION Owner Barbara Matheny Contractor Name Address 54 17th Street State License # City License # City Apalachicola State LJ Zip. 32320 Email Phone B597494190 Phone PROJECT TYPE New Construction Fence Addition X Accessory Structure Alteration/Renoyation Certificate of Appropriateness Relocation Other Demolition PROPERTY INFORMATION Street. Address (911 Address): 5417hStreet + City & State: Apalachicola Zip: 32320 Parcel ID #: Block: 113 Lot: 3 Zoning District: L JHistoric District L Non-Historic District FEMA Flood Zone: OFFICIAL USE ONLY Certificate of Appropriateness Required? Y N This development request has been approved for a Setback Requirements of Property: Certificate ofAppropriateness: (fapplicable), zoning, Front: Rear: 5 Side: 5 land use, and development review by the City of Corner Lot? Y N Street Sides: Apalachicola Plaming & Zoning Board and a Lot Coverage: 40 building permit is authorized to be issued. STAFF NOTES/RECOMMENDATIONS: Vwreks 1DC City Staff Date. Approved NOTE: This is a conceptual approval through the City based on our Land Development Code (LDC.) Please be aware that other documentation may be required by the Building Official. A4 licant Initial Describe the proposed project and materials. Describe the proposed project in terms ofs size, affected architectural elements, materials, and relationship to the existing structure(s). 14x 18 Shed for golfo cart & tool storage- 6"x6" post construction located in backyard 577" setback from rear and 12'48" from side. Exterior panel siding painted Alabaster White (match house) Silver metal roof (match house) PROJECT SCOPE MANUFACTURER PRODUCT DESCRIPTION FL PRODUCT APPROVAL # Siding LP Smart Side Exterior Horizonal Paneling #FL-9190-R9 Doors 'x8' Swing-Out Garage Door Windows Roofing 26GA Galvalume Corrugated 36904.2 Metal Trim Foundation Concrete footers with gravel loor/foundation Shutters Porch/Deck Fencing Driveways/Sidewalks Other NOTE: Please have a site plan prepared to turn in with your application. At minimum, thes site plan needs to contain: a North arrow, surrounding streets, lot lines, lot dimensions, setbacks, current structure dimensions, proposed structure dimensions, fence locations, and fence heights. Applications requiring a Certificate of Appropriateness will also need to submit enderings/eleyations of any proposed structures and note the materials proposed. More information may be requested by City Staff CERTIRICATION By signing below, I certify that the information contained in this application is true and correct to the best of my knowledge at the time of application. I acknowledge that I understand and have complied with all of the submittal requirements and procedures and have read and understand the following: 1. I/We hereby attest to the fact that the above supplied property address(es), parcel numbers(s), and legal description(s) is(are) the true and proper identification of the area of this petition. 2. I/We authorize staff from the City of Apalachicola to enter onto the property in question during regular business hours in order to take photos which will be placed in the permanent file. 3. I/We understand that the COA review time period will not commence until the application is deemed complete by staff and may take up to 10 business days to process. I further understand that an incomplete application submittal may cause my application to be deferred to the next posted deadline date. 4. I/We understand that, for Board review cases, an agenda and staff report (if applicable) will be available on the City's website approximately one week before the Planning & Zoning Board Meeting. 5. I/We understand that the approval of this application by the Planning & Zoning Board or staff in NO way constitutes approval of a Building Permit for Construction from the City of Apalachicola Building Department. 6. I/We understand that all changes to the approved scope of work stated in a Certificate of Appropriateness: or Development Order application have to be approved by the P&Z Board before work commences on those changes. Making changes that have not been approved can result in a Stop Work Order being placed on the entire project and additional fees/penalties. 7. I/We understand that any decision of the P&Z Board may be appealed to the City Commission within 30 days after the decision by the P&Z Board; otherwise, the decision will be final. 8. I/We understand that a Certificate of Appropriateness is only valid for one year after issuance. They are renewable for six months without cause if requested, and for an additional six months upon showing of good cause by the applicant. The applicant must submit all requests for extensions in writing and provide appropriate support documents to City Staff, ifneeded. 9. I/We understand that P&Z Board approval is permission to obtain a permit for work and installation as indicated. I certify that all work will be performed to meet standards of all laws regulating construction in this jurisdiction. 10. I/We understand that there will be no issuance of a Certificate of Appropriateness without the property owner obtaining Homeowner's Association approval (if required) prior to the P&Z Board Meeting and/or before the beginning ofan work and in no way authorizes work that is in violation ofany association rules or regulations. / 2124422 DATE SIGNATURE OF APPLICANT Barbara & David Matheny = Proposed Shed Structure 54 17th Street Apalachicola FI 17TH STREET (80' R/W PAVED) 6 8 & PR N491445W S & 60.00M) R/W 60.00"(RP) 6 R/W 0 0 & 5 5 o & 0 d k ot S - Lot 2 Lot 4 16.0* Block 113 Block 113 32.0' % 4 & a 0 0 K 5 : a 2 6.0' 12.48' pot 6.3' a - $2 SF - 96 1,148 31.4' 07 o A - B 6 B bo do 1,603 6 A V New Shed 1248" 14' X 18' 60.00' 25254 - 60.00' R/W R/W d S49-19'48"E 59.17(M) a 60.00"RP) 15 ( FRC (9) FD 30' ALLEY 9 Barbara & David Matheny Proposed Shed 54 17th St. Apalachicola FL 14'x 18' Shed 6'x6" post construction with gravel foundation/floor Shed color: Albaster White (match house) Roof: Silver Metal (match house) 5/12 metal roof 8' 14' 18' PALACH - - - 1831 FLORIDE Parking Plan Approval 51 Avenue C C-1 Zoning (Citizens: The agenda copies may be difficult to zoom in and read = please feel free to email the City Planner brobinson@cityofapalachicola.com and request digital copies to be sent. Large, printed copies will be provided to the P&Z Board members at the meeting.) 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Hartman, Esq. 192 Coach Wagoner Blvd Apalachicola, FL32320 850-653-9319 STATE OF FLORIDA: COUNTY OF FRANKLIN: PARKING RESTRICTION AND DEDICATION DECLARATION OF COVENANTS AND RESTRICTIONS THIS DECLARATION OF COVENANTS AND RESTRICTIONS (this "Declaration"): is made and enteredinto this day of 2025, by Gibson Inn, LLC, a Florida limited liability company ("Gibson" or "Declarant") and the City of Apalachicola, a Florida municipal corporation (the "City"). WHEREAS, GIBSON is the owner ofa tract ofreal Property consisting of Lots 8, 9, 10 and part of thel Lot 7, of] Block 2 in the City of Apalachicola, Parcel ID No. 01-095-08W-8330- 0002-0070 with a street address of 45 Ave. D, County of Franklin, State of Florida, more particularly described in Exhibit A attached hereto andi incorporated! by reference, and intends to restrict the use ofthe parking located on and adjacent to the Property for the benefit of a separate parcel of] Property owned by Gibson Inn, LLC located at 51 Ave C with a Parcel ID No. 01-09S- 08W-830-0001-0010 more particularly described in Exhibit B; and WHEREAS, the City is tasked with providing for the public health, safety and welfare within the City which includes approving, regulating and authorizing parking associated with commercial developments within the City; and WHEREAS, GIBSON, as the owner ofthe Properties shown in Exhibits A and B, desires to utilize the parking associated with the 45 Ave D (Exhibit A) parcel for the guests and employees utilizing the Properties shown in Exhibits A and B; and NOW, THEREFORE, in consideration of the above premises and for other good and valuable consideration, the receipt and: sufficiency ofwhich are hereby acknowledged, the parties, intending to be legally bound, agree as follows: 1. Incorporation of Recitals; Certain Definitions. The recitals above stated are incorporated herein by reference. For the purposes oft this Declaration, the following terms shall have the following meanings: a. "Parking Spaces" shall mean the seventeen (17) parking spaces currently located on 45 Ave D and the nine (9) on street parking spaces attributed to this address and Property described in Exhibit A; b. Improvements' " shall: mean all buildings, outbuildings, underground or above ground utility and irrigation installations, slope alterations, roads, driveways, parking areas, fences, screening walls and barriers, retaining walls, stairs, decks, windbreaks, plants, trees, shrubs, poles, signs, loading areas and all other structures or landscaping improvements of every type and kind located from time to time on the Properties described in the Attachments hereto. C. "Owner" shall mean the record owner of any portion of the Properties. d. "Properties" shall mean the property described in Exhibits A and B. e. "Site Plan" shall mean the plan reflecting the Improvements located on the Properties. 3. Dedication of All Parking Spaces. (a) Gibson, as the present fee simple Owner of the property described in Exhibit A hereby dedicates all on site and attributed street parking associated with the parcel to the Improvements located on the property described in Exhibit B. The Gibson acknowledges that this deprives thej property described in Exhibit A of any onsite or street parking required for any use associated with improvements on the 45 Ave D site. (b) Notwithstanding the above, these Covenants and Restrictions were required by the City in order for the Declarant to obtain an approved parking plan for the Improvements found on the property described in Exhibits A and B. 8. Covenants Running with the Land; Non-merger. The Covenants and Restrictions described! herein granted shall run with the land in perpetuity. Itis the intent of Declarant to this instrument to subject its fee simple interest currently held by the Gibson Inn, LLC to this Declaration. Any easement interests shall remain separate and distinct interestsattributable to the applicable Property as provided hereunder which shall continue in full force and effect. 10. ChangeAlerationofon: Site Parking (45 Ave D). The Gibson shall have the right to from time to time change the driveways and parking areas on the 45 Ave D Property as long as such changes will in no way change or alter the total amount of on-site Parking spaces. 11. Indemnification The Gibson shall and does hereby, indemnify and hold the City, its legal representatives, employees, successors and assigns (all of whom shall be collectively referredi to as the "Indemnitees"): harmless of, from and against any and all loss, cost, expense, suits, judgments and liabilities for damages or injuries, ofwhatsoever) kind, whether to persons or property, arising in any way by any reason of the use and/or benefit of the easements herein granted by the indemnifying parties; provided, however, that said indemnity and hold harmless shall exclude any and all loss, cost, expense, suits, judgments and liabilities for damages or injuries, of whatsoever kind, whether to persons or property, caused by negligence of "Indemnitees," or anyo other person acting under their direction or contract with them, or other third parties. 12. Default. In the event ofa default by thel Declarant with respect to any obligations under this Declaration, the City shall shall provide written notice thereofto the Declarant and the Declarant shall curesuch default within thirty (30) days ofreceipt ofwritten notice ofthe default (or such longer time period if such default cannot be reasonably cured within thirty (30) days provided that the defaulting party commences a cure within thirty (30) days and diligently pursues such cureofthe default); provided, however, in the event the default involves potential danger to the health or safety of persons then the defaulting Declarant shall cure such default immediately. If Declarant fails to cure the default pursuant to the provisions of this paragraph, then the City may cure such default on behalf of the Declarant and any amount which the City expends for such purpose, or which will otherwise be due by the Declarant to the City, will be paid to the City on demand, without contest, upon delivery of an invoice from the City for the same, together with interest at the lower of(i) the rate of 10% per annum, or (ii) the maximum rate permissible from timet to time under applicable law, all from the date of the expenditure to the date of payment in full. M 13. Amendment. Except as otherwise expressly provided in the following sentence, this Declaration may not be modified or amended, in whole or in part, except by the written consent ofthel Declarant and City as evidenced1 bya an amendment to this Declaration that has been fully executed and acknowledged and recorded in the Franklin County Official Records. 14. Waiver. No waiver ofany! breach ofany covenant orprovision herein contained shall be deemed a waiver ofany preceding or succeeding breach thereof, or ofany othercovenant or provision! herein contained. No extension of time for performance of any obligation or act shall be deemed an extension of time for performance of any other obligation or act. 15. Severability. If any term, covenant or condition of this Declaration or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, theremainderofthis Declaration shall not be affected thereby and each such term, covenant or condition of this Declaration shall be valid and enforceable to the full extent permitted by law. 16. Governingl Law. Theterms ofthis Declaration shall be construed in accordance with and governed by the laws of the State of Florida. 17. Notice. Any notices given pursuant to this Declaration shall be in writing, and shall be sent by nationally recognized overnight carrier, personally delivered or deposited in the United States certified mail, postage prepaid, return receipt requested, at the following addresses. Upon the conveyance ofany ofthel Property by thel Declarant or by any successive Owners, the notice address for the new Owner shall be provided either(a) by providing a notice to the City in compliance with the termsofthis Section and by recording a notice describing this Declaration and stating its address for notice with the Franklin County Official Records, (b) through an amendment to this Declaration, or (c) through the vesting deed conveying title to such new Owner. Any Declarant/Owner may change its notice address byproviding a notice to the City in compliance with the termsofthis Section and by recording a notice describing this Declaration and changing its address for notice with the Franklin County Clerk's office. 18. Integration. This Declaration is an integrated agreement and expresses the complete agreement andi understanding ofthe parties. Any and all prior or contemporaneous oral agreement or prior writtena agreement: regarding the subject matter hereof shall be merged herein and then extinguished. 19. Authority. Each party hereto represents and warrants to the other that the execution of this Declaration and any other documents required or necessary to be executed pursuant to the provisions hereof are valid, binding obligations and are enforceablei in accordance with their terms. 19. Successors and Assigns. The terms, conditions and requirements of this Declaration shall be binding on and inure to the benefit of the parties and their respective successors and assigns. 20. Attorneys' Fees. In the event it becomes necessary for either party hereto or any subsequent Owner to file suit to enforce this Declaration or any provision contained herein, the prevailing party in such suit shall be entitled to recover, in addition to all other remedies and damages as providedherein, its reasonable attorneys' fees, paralegal fees and costs incurred in such suit at trial, appellate, bankruptcy and/or administrative proceedings. (Signature/Notary pages attached) IN WITNESS THEREOF, the Declarants have executed this Declaration as of the day and year first above written. GIBSON: GIBSON Inn, LLC, a Florida limited liability company Witness: By: Gibson Inn, LLC Address: Its: Manager By: (SEAL) Witness: Steven Etchen, its Manager Address: STATE OF FLORIDA : ACKNOWLEDGEMENT COUNTY OF FRANKLIN: I, the undersigned notary public, do hereby certify that Steven Etchen, Manager of Gibson Inn, LLC, a Florida limited liability company, personally andj physically appeared before me this day and acknowledged the due execution of the foregoing instrument. WITNESS my hand and seal this day of 2025. Notary Public for South Carolina My Commission Expires: EXHIBIT A All of lots eight (8), nine (9), and ten (10), and that part of lot seven (7) adjoining lot eight (8), fronting five (5) feet on fourth street and extending back to the line between lot seven (7) and lot four (4).. All in Block two (2) of the Xity of Apalachicola, in the County of Franklin, int the State of Florida according to the Map or Plat of sald City In general use; all of sald lands comprising a Parcel or Tract fronting one hundred eighty-five (185) feet on fourth street extending back one hundred fifteen (115) feet and fronting one hundred fifteen (115) feet on Avenue "D". Less and except, by Thurman Roddenberry & Associates, Inc. Survey containing job no. 93-399esmt. Dated August 9, 2007: Begin at the most Northeasterly corner of Lot 10, Block 2 of the City of Apalachicola, as per Map or Plat thereof In common use on file at the Clerk of the Circuit Office in Franklin County, Florida, sald point also lying on the Northwesterly right-of-way boundary of Avenue "D". From said point of beginning run South 41 degrees 05 minutes 20 seconds West along sald right-of-way boundary 10.00 feet, thence leaving said right-of-way boundary run North 48 degrees 541 minutes 40 seconds West 82.001 feet, thence run North 41 degrees 05 minutes 20 seconds East 10.00 feet to the Northeasterly, boundary of Lot 9, Block' "2" of said City of Apalachicola, thence run South 48 degrees 541 minutes 40 seconds East along the Northeasterly boundary of Lots 9 & 10, Block' "2" of said City of Apalachicola a distance 82.00 feet to the point of beginning. Above parcel being further described on survey by Edwin G. Brown & Assoclates, Inc., dated April 3, 2008, containing job no. 95-339 psc:31513: Property described In Official Records Book 277, Page 250 of the Official Records of Franklin County, Florida, less and except lands described in Official Records Book 944, Page 171 of the 32 Official Records of Franklin County, Florida, being more particularly described as follows: Begin at the Southwest corner of Block' "?" of the of Apalachicola as recorded in Official Record Book' "M", Page 437 of the Official Records cay Franklin County, Florida, said point also lying on the Intersection of the Northerly right of way of Avenue "D" and the Northeasterly right of way of Fourth Street and also sald point being the point of beginning; thence leaving said point of beginning run along sald Northerly right of way Avenue D, North 40 degrees 41 minutes 17 seconds East 105.211 feet to a point lying on the Southwesterly boundary of lands as described in Official Record Book 944, Page 170 oft the Officlal Records of Franklin County, Florida; thence leaving said Northerly right ofway of Avenue DI run along said Southwesterly boundary line North 48 degrees 54 minutes 18 seconds West 82.00 feet to a point lying on the Northwesterly boundary of lands as described in Official Record Book 944, Page 170 of the Official Records of Franklin County, Florida; thence leaving sald Southwesterly boundary run along said Northwesterly boundary North 40 degrees 41 minutes 17 seconds East 10.00 feet to a point lying on the Northeasterly boundary line of Lots 8 and 91 Block' "2" of the City of Apalachicola; thence run along sald Northeasterly boundary line of lots 8 and 9, run North 48 degrees 54 minutes 18 seconds west 97.13 feet to a re-bar marking the Northeast corner of Lot 8 Block' "2" of the City of Apalachicola; thence South 43 degrees 36 minutes 35 seconds West 115.33 feet to a nail and cap lying on the Northeasterly right of way of Fourth street; thence run along sald Northeasterly right ofv way South 48 degrees 54 minutes 40 seconds East 185.01 feet to the point of beginning. Less and except: The Northerly 15 feet of lands as described in Officlal Record Book 277, Page 250 of the Official Records of Franklin County, Florida and being more particularly described as follows: Commence at the Southwest corner of Block' "2" of the City of Apalachicola as recorded in Officlal Record Book' "M", Page 437 of the Officlal Records of Franklin County, Florida, said point also lying on the Intersection of the Northerly right ofv way of Avenue "D" and the Northeasterly right of way of Fourth street; thence run along said Northeasterly right of way North 48 degrees 54 minutes 40 seconds West, a distance of 170.01 feet to the point of beginning; thence leaving said point of beginning and said Northeasterly right of way run North 43 degrees 36 minutes 35 seconds East, a distance of 115.33 feet to a set re-bar lying on the Easterly boundary line of Lot 8 Block' "2" of the City of Apalachicola as described in Official Record Book 277, Page 250 of the Official Records of Franklin County, Florida; thence run along said Easterly boundary of Lot 8, North 48 degrees 54 minutes 18 seconds West, a distance of 15.001 feet to a found re-bar marking the Northeast corner of said Lot 8; thence South 43 degrees 36 minutes 35 seconds West, a distance of 115.33 feet to a nail and cap lying on the Northeasterly right of way of Fourth street; thence run along said Northeasterly right of way South 48 degrees 54 minutes 40 seconds East, a distance of 15.00 feet to the point of beginning. Also; A portion of property described in Officlal Records Book 963, Page 270 in the Public Records of Franklin County, Florida. Being more particularly described as follows: Begin at the Southwest corner of Block "2" of the City of Apalachicola as recorded In Official Record Book "M", Page 437 of the Public Records of Franklin County, Florida, said point lying on the Intersection of the Northerly right of way line of Avenue "D" and the Northeasterly right of way, line of Fourth street, sald point also being the point of beginning; thence leaving said point of beginning run along said Northerly right of way line of Avenue D, North 40 degrees 41 minutes 17 seconds East 105.34 feet; thence leaving sald Northerly right of way line of Avenue D, run North 49 degrees 01 minutes 08 seconds West 82.12 feet, thence run North 41 degrees 03 minutes 09 seconds East 10.04 feet; thence run North 48 degrees 57 minutes 29 seconds West 82.19 feet to a rod and cap; thence run South 43 degrees 35 minutes 38 seconds West 115.39 feet to a nail and cap said point lying on the Northeasterly right of way line of sald Fourth street; thence run along said Northeasterly right of way line South 48 degrees 57 minutes 03 seconds East 170.10 feet to the point of beginning. EXHIBIT B The land referred to herein below is situated In the County of Franklin, State of Florida, and is described as follows: PARCEL1 ALL OF LOTS 1 AND 2, THE SOUTHEASTERLY HALF OF LOT 3, THE. EAST 14 FEET OF THE NORTHWESTERLY HALF OF LOT 3 AND. ALL OF FRACTIONAL LOT 8, OF BLOCK 1, OF THE GITY OF APALACHICOLA, FLORIDA, AS RECORDED IN DEED BOOK "M", PAGE 437, OF THE PUBLIC RECORDS OF FRANKLIN COUNTY, FLORIDA, NOW IN COMMON USE. SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS Al WHOLE. AS FOLLOWS: BEGIN AT AN IRON ROD AND GAP (MARKED #7160) MARKING THE MOST WESTERLY SOUTHWEST CORNER OF THE SOUTHEASTERLY HALF OF LOT 3, BLOCK "1", OF THE CITY OF APALACHICOLA, FLORIDAI AS RECORDED IN DEED BOOK' "M", PAGE 437 OF THE PUBLIC RECORDS OF FRANKLIN COUNTY, FLORIDA; THENCE RUN SOUTH 41 DEGREES 19 MINUTES 22 SECONDS WEST 20.00 FEET TO A' "X" MARK IN CONCRETE; THENCE RUN SOUTH 48 DEGREES 40 MINUTES 38- SECONDS EAST 151.79 FEET TO AN "X" MARK IN CONCRETE; THENCE RUN NORTH 56 DEGREES 44 MINUTES 39 SECONDS EAST 97.06 FEET TO A NAIL AND CAP (MARKED #7160); THENCE RUN-NORTH-271 DEGREES 47 MINUTES 06 SECONDS WEST 223.83 FEET TO AN IRON ROD AND CAP (MARKED #7160); THENCE RUN SOUTH 53 DEGREES 37 MINUTES 11 SECONDS WEST 6.13 FEET THENCE RUN SOUTH 39 DEGREES 12 MINUTES 56 SECONDS WEST 61.97 FEET TO A REBAR; THENCE RUN SOUTH 49 DEGREES 40 MINUTES 56 SECONDS EAST 30.55 FEETTO A HOLE PUNCH IN CONCRETE; THENCE RUN SOUTH 41 DEGREES 19 MINUTES 22 SECONDS WEST 86.00 FEET TO THE POINT OF BEGINNING. LESS AND EXCEPT ALL THAT PROPERTY CONTAINED IN THAT CERTAIN AGREEMENT BETWEEN THE CITY OF APALACHICOLA, AND THE GIBSON VENTURE, AS RECORDED IN OFFICIAL RECORDS OF FRANKLIN COUNTY, FLORIDA, VOLUME 221 PAGE 109, OF THE PUBLIC RECORDS OF FRANKLIN COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: BEGIN AT AN IRON PIPE MARKING THE MOST WESTERLY SOUTHWEST CORNER OF THE SOUTHEASTERLY HALF OF LOT 3, BLOCK "1", OF THE CITY OP APALACHICOLA, FLORIDA AS RECORDED IN DEED BOOK "M", AT PAGE 437 OF THE PUBLIC RECORDS OF FRANKLIN COUNTY, FLORIDA. AND RUN SOUTH 41 DEGREES 19 MINUTES 22 SECONDS WEST A DISTANCE OF 19.50 FEET TO A POINT ON THE BACK OF A CONCRETE CURB, THEN SOUTH 48 DEGREES 4C MINUTES 38 SECONDS EAST. ALONG SAID BACK OF CURB A DISTANCE OF 151.97 FEET TO THE INTERSECTION OF SAID BACK OF GURB WITH THE BACK OF A SIDEWALK, THEN NORTH 56 DEGREES 58 MINUTES 16 SECONDS EAST ALONG THE BACK OF SAID SIDEWALKAND THROUGH A CONCRETE MONUMENT Al DISTANCE OF 97.06 FEET TO AN IRON PIPE, THEN NORTH 27 DEGREES 21 MINUTES 51 SECONDS WEST ALONG THE BACK OF A: SIDEWALKA DISTANCE OF 223.72 FEET TO AN IRON PIPE, THEN LEAVING SAID BACK OF SAID SIDEWALK RUN SOUTH 53 DEGREES 04 MINUTES 53 SECONDS WEST Al DISTANCE OF 6.19 FEET TO AN IRON PIPE ON A LINE 50 FEET SOUTHWESTERLY OF AS MEASURED AT RIGHT. ANGLES TO AND PARALLEL WITH THE CENTERLINE OF PAVEMENT OF MARKET STREET STATE ROAD NO. 30 (U.S. 98), THEN SOUTH 27 DEGREES 09 MINUTES 41 SECONDS EAST ALONG SAID PARALLEL LINE Al DISTANCE OF 195.32 FEET TO Al POINT ON THE SOUTHEASTERLYI BOUNDARY LINE OF SAID BL.OCK "1" THEN SOUTH 41 DEGREES 19 MINUTES 22 SECONDS WEST. ALONG SAID BOUNDARY LINE THROUGH. AN IRON PIPE A DISTANCE OF 77.58 FEET TO A POINT ON THE SOUTHWESTERLYI BOUNDARY LINE OF SAID BLOCK' "1", THEN NORTH 48 DEGREES 40 MINUTES 33 SECONDS WEST ALONG SAID BOUNDARY LINE A DISTANCE OF 150.00 FEET TO THE POINT OF BEGINNING. PARCEL2 ALL OF LOTS ONE (1). AND TWO (2) OF BLOCK TEN (10) OF THE CITY OF APALACHICOLA, COUNTY OF FRANKLIN AND STATE OF FLORIDA, ACCORDING TO A MAP OR PLAN OF SAID CITY IN MOST GENERAL USE. Outlook Fw: Parking problems and solutions From Adriane Elliott <aeliott@ctityofapalachicola.com> Date Wed 3/5/2025 10:17 AM To Bree Robinson <brobinson@dityofapalachicola.com> From: P White pwhitel5zegmal.com, Sent: Monday, March 3, 2025 3:02:24 PM To: Brenda Ash <bash@cityofapalachicola.com>; Despina George <dgeorge@ctyofapalachicola.com); Adriane Elliott <aeliott@cttyofapalachicola.com>; Anita Grove <agrove@cityofapalachicola.com); Donna Duncan dduncan@ctyofapalachicola.com> Subject: Parking problems and solutions Dear Mayor and Commissioners, I was recently made aware of the Urban Planning Professor Dr. Shoup and his ideas about parking. Before we finalize the Gibson parking plan or any other plan for that matter it would be good to study and understand what Professor Shoup found during his career studying parking. And please remember that Mr. Hartmann said that the Gibson parking plan would be precedent setting SO it would be really good to take the time needed to get it right. "Revised in 2011, the book, "The High Cost of Free Parking" has been translated into multiple languages, The book argues that cities make two crucial mistakes regarding parking. First, they fail to price the parking on their streets, and as a result curb spaces fill up and become hard to find. Second, to solve the problem they have created on the street, cities force into existence, through their zoning codes, excessive amounts of parking off street. In combination, these two errors compound each other. They lead cities to quietly subsidize cars, increase traffic congestion, worsen air pollution, encourage sprawl, degrade urban design, damage the economy, raise housing costs, reduce walkability, accelerate global warming, and make urban life more difficult for people who do not drive. Shoup's proposed solution was to reverse these mistakes: start pricing the parking on-street, and stop requiring it off-street. The book became a classic in urban planning circles. Shoup wrote with wry wit and charm, and chose clarity over academic jargon, making it accessible. As a result, Shoup's reform ideas gained steady acceptance in cities worldwide. The Parking Reform Network, a national nonprofit founded to advance Shoup's ideas, has documented over 3,000 cities that have adopted some of his suggested reforms." The above two quoted paragraphs are from the following web site: htps/luskinuclaedu/m.memotam.donallshouprenoanedudautannamerandparking-reform: pioneer Best, Pete Whitesell Apalachicola Outlook Fw: Comments to City Commission Meeting 03-04-25 From Adriane Elliott <aeliott@cityofapalachicola.com)> Date Wed 3/5/2025 10:18 AM To Bree Robinson brobinson@ctiyofapalachicola.com> From: Susan Keith <susan.keith.legal@gmail.com> Sent: Monday, March 3, 2025 4:32:33 PM To: Despina George dgeorge@ctyolapalachicola.com>; Anita Grove <agrove@cityofapalapalachicola.com); Brenda Ash bash@cityofapalachicola.com>; Donna Duncan dduncan@ctyolapalachicola.com>; Adriane Elliott <aeliott@cityofapalachicola.com>; Sheneidra Cummings scummings@ctyolapalachicola.com> Subject: Comments to City Commission Meeting 03-04-25 Some people who received this message don't often get email from susan.keith.legal@gmail.com. Learn why this is important Dear Commissioners, Unfortunately, I am unable to attend the City Commission meeting on March 4, 2025. The following comments are respectfully submitted for your consideration. The Gibson project developer is once again before the Commission with a proposed parking plan. Although better, there are still concerns. Agenda tem IV-3: Parking and Pedestrian Access on Avenue D In the Agenda Item, Attorney Hartman recommends that the Manager hire an appropriate consultant to review the existing parking [arrangement on Avenue D between Market and 4th streets] and access situation and provide recommendations for improving both." The report of such consultant must be considered prior to the approval of any parking plan submitted by the Gibson Inn Developer. It will be difficult ori impossible to retroactively implement any recommendations which are contrary to the proposed parking plan if it is already approved. Therefore, if Attorney Hartman's request is approved, referral of the proposed parking plan to Planning and Zoning is premature and any action on the Gibson Parking Plan should be stayed. Agenda Item V-2: Gibson Parking Seating. Calculation: 1) The Developer now proposes to meet the parking requirements by reducing the number of tables, seating, staff and guests at the spa, and other such actions. How is this to be enforced and what are the penalties if the Developer repeatedly fails to comply? 2) In the calculation, the Developer lists 8 "waived spaces available. Where are these spaces as the historical waiver for the Hays House was denied and the potential spaces for the building on 45 Avenue D Property (A & P Lot) has not been approved. Taranto Lot: 1) The Code requires that "ln the case the parking area adjoins a residential district, it shall be set back at least 5 feet from the residential boundary and shall be effectively screened with landscaping, fence, wall or other approved materials. 1 The site plan does not indicate any such screening on the west side of the lot which is adjacent to a residential area. 2) Although the notes to the diagram state that "no handicapped parking is shown,' * a handicapped van space is clearly indicated. 45 Avenue D Properly(A&PLo): 1) The site plan notes inaccurately states that No Handicapped Parking is shown." 3 A van handicapped space is clearly indicated. 2) The Developer now wishes to claim the 3 spaces on Avenue D and 6 spaces on 4th Street in the calculations. This will deprive the Coombs Armory and other businesses in the area of even more of the limited available parking. This is especially true if the Commission allows the building on the A & P lot to be used as an "event space. Itis respectfully requested that if the Commission approves the plan as submitted that these parking spaces not be included and the Developer be required to pay mitigation fees. 3) Parking. Restriction and Dedication: a) Paragraphs 2, 4-8, and 9 are missing from the document. Is this merely due to a numbering error or are paragraphs actually missing? b) The terms dedicate" and attributed" in Paragraph 3(a) may need to be better defined. c) Paragraph 3(a) states that the Developer acknowledges that this deprives the property described in Exhibit A of any onsite or street parking required for any use associated with improvements on the 45 Ave D site.' 1 By this statement, the Developer acknowledges that if they are allowed to develop the building on the A & P Lot as an "event space" no parking will be available for the increased use. The lack of any available parking and the impact on the surrounding businesses should preclude the Developer's ability to develop this property as an "event space. d) Paragraph (10) states that the "Gibson should have the right to from time to time change the driveways and parking areas on 45 Ave D Property as long as such changes will in no way change or alter the total amount of on-site parking." This should not be approved or should, in the alternative, clarify that any changes to driveways cannot impact, affect, or alter the existing on-street parking. Thank you again for your consideration of my comments. Respectfully submitted, Susan Roux Keith, 1503 Bluff Road, Apalachicola, FL 32320 352.817.2571 Outlook Comments on Gibson Parking Plan From Bonnie Davis bomletecdiwisegmalcom: Date Mon 3/3/2025 4:00 PM To Brenda Ash <bash@cityofapalachicola.com>; Despina George dgeorge@cdiyofapalachicola.com>; Anita Grove agrove@cityofapalachicola.com>; Donna Duncan dduncan@diyofapalachicola.com>, Adriane Elliott aeliott@cityofapalachicola.com> Cc Dan Hartman danellegaleam.come: Bree Robinson brobinson@dilyofapalachicola.com> Some people who received this message don't often get email from bomietedawis@gmail.com Learn why this is important March 3, 2025 Dear Mayor and Commissioners, A new parking plan has been submitted by the Gibson Inn and Annex for your consideration. It is significantly different than the plan presented at your February meeting. The request for additional waivers based on historic structures has been eliminated. Instead the Gibson proposes to reduce the number of required physical spaces by two means: One, significantly reducing the number of dining tables, bar stools, and associated staff that will be on the premises, and two, legally tying the property at 45 Avenue D (the old A8Pgym/restauranutin shed) and the on-street and on-site parking spaces associated with that property to the parking requirements of the Gibson Inn and the Gibson Annex. Taken together, the Gibson's contention is that these two measures would meet the parking requirements of the Land Development Code by providing 92 physical spaces for the complex. offer you my observations on these proposals. 1. Essentially the Gibson Is proposing to operate its facilities at less than the previously planned, presumably maximum, capacity. Is this reduction in use intended to be permanent? How will it be monitored? If this is to be approved, the Gibson shouldrequired to commit in writing, in a recordable format, that it will not increase the dining/drinking/ associated staff capacity beyond that shown in the March 4, 2025 parking plan submittal without first obtaining additional parking commensurate with the increased diing.dhnangassodaled staff capacity and the approval of Planning and Zoning Board for the increase in capacity. The Gibson's commitment would specifically state that it runs with the land and any subsequent owners would be bound by it. 2. The proposed document in the agenda package for this item formally tying the 45 Avenue D parking spaces associated with the property to the Gibson and the Gibson Annex contains no penalties for noncompliance by the Gibson. The Default provision (Section 12 of the Proposed Agreement) should be revised to state that default or noncompliance would render the Gibson noncompliant with the Land Development Code and subject to the penalties for noncompliance in the Code. 3. Under this new plan, all available parking spaces at 45 Avenue D are to be dedicated to the Gibson and Gibson Annex. At the same time, the Gibson states that the building on the premises will be renovated for use as an event venue. In speaking to this point in the February plan the Gibson stated: "We understand that any proposed increase in usage density would require a parking review." No such statement is made in the March presentation. The March document simply states that the venue would be used on an as-needed basis. There is no definition of as- needed. Essentially it leaves the frequency of use up to the Gibson. Yet the Land Development Code requires compliance with the parking regulation for anystructure or use in the commercial zoning district (Sec. 111-294 (i)(2) (g) : All other permitted uses and structures. One off-street parking space for each two persons at work on peak shifts, plus additional spaces as determined by the planning and zoning board.). Again, If this is to be approved, the Gibson should be required to commit in writing, in a recordable format, that any future renovation and change in use of the structure at 45 Avenue D will require approval of a parking plan for that structure commensurate with the use of the structure as established in the Land Development Code. The Gibson's commitment would specifically state that it runs with the land and any subsequent owners would be bound by it. Best regards, Bonnie Davis P ALACH / - 1831 FLORIDE Sketch Plat Block 262 Lots 1-7 & 20-30 R-2 Zoning (Citizens: The agenda copies may be difficult to zoom in and read = please feel free to email the City Planner brobinson@cityofapalachicola.com and request digital copies to be sent. Large, printed copies will be provided to the P&Z Board members at the meeting.) Building Department Report Bree Robinson - City Planner Sketch Plat Block 262 Lots 1-7 & 20-30 911 Address Tentative 3/10/25 Background & Review: 1. Sketch Plat application and documents submitted 30 days prior to the March 10th P&Z Meeting. Sketch Plat documents were submitted 30 days prior to the 3/10/2025 Planning and Zoning meeting for staff review. After approval ofthe sketch plat, the City will engage one of our continuing services engineering firms to review the final plat submission. Sketch Plat Requirements: The following are required as part of a sketch plat application: 1. Sketch Plat shall include name of subdivision boundary survey and legal description, scale, north arrow, number of acres to be subdivided, current zoning and total number of proposed lots; 2. Vicinity map showing the relationship between the area proposed for development and surrounding streets and public facilities. All land within 100 feet ofthe proposed subdivision shall be shown and the names of adjacent subdivisions, if any, and property owners shall be indicated; 3. Preliminary street and lot layout; and 4. Statement regarding availability and source of potable water and how sewer and stormwater will be disposed. The Planning and Zoning Board shall study the sketch plat and staff report, with particular attention will be given to the arrangement oft the lots and streets, method of sewage disposal, stormwater drainage, the future development of adjoining lands as, yet unsubdivided, and the requirements of chapter 111, article III and the comprehensive plan. Staff Comments &Recommended Action: City Planner has reviewed for Code compliance and comments follow. The developer provided everything necessary to be placed on the agenda for Sketch Plat Approval per Apalachicola Land Development Code. City Planner has determined that this development is a Minor Subdivision and requires only Sketch Plat and Final Plat approval. Sketch Plat: o Name ofSubdivision - Included, Magnolia Allée (Proposed) o Boundary Survey and Legal Description - Included O Scale - Included O North Arrow - Included o Number of Acres to be Subdivided - Included,. .73 & .44 Current Zoning - Included, R-2 Total Number of Proposed Lots - Included, 12 Units/Lots Vicinity Map - Attached Preliminary Street & Lot Layout - Attached 1 Statement regarding availability and source ofj potable water and how sewer and stormwater will be disposed - Attached Water - Letter of Availability needed by Final Plat for Water Service Sewer Approved DEP Application for Constructing a Domestic Wastewater Collection System Stormwater - NWFWMD Permit R-2 Zone intent is to provide accommodation of medium-to-high density, multifamily dwelling units. This project falls in line with the zone intent and the principal use Townhomes'. Development standard for' Townhomes are as follows: Site. Area - 9,000sf minimum O Actual: 19,700sf + 32,900sf = 52,600sf total Individual lot size - 1,800sf per dwelling unit o Actual: 3,000sf per dwelling unit Maximum building grouping - 10 units or 200' Minimum building grouping - 3 units or4 48' O Actual: 3 Site Width - 90' minimum Individual lot width - 16' O Actual: 30' Site Depth - 100' minimum Individual lot depth - none O Actual: 100' Setbacks - for four or fewer townhomes the same as for single family. (15' front, 25' rear, split of 15' on sides with no setback less than 5', 15' corner setbacks.) Lot coverage 45% 3,006sf per 3-unit structure 12,024sf total coverage for all 12 units 22.9% lot coverage Parking - 1 space per dwelling o Accounted for on-site This development is under the allowed maximum lot coverage and follows all setback requirements. It is in line with the Comp Plan and Land Use Map. > Access: Will be provided through a publicly dedicated 'street' with a turnaround through the alley of Block 262. 23rd Avenue is unconstructed, leaving the west side lots without true street access. o Frontage to improved street will be provided through the creation of an improved new' street' through the alley. This is not uncommon in the City, typically referred to as a 'lane'. New street is designed to be paved and constructed in accordance to City standards. o Street name will need to be approved by postmaster. , Street lights will need to be accounted for on final plat. Temporary dead-end street turnaround - I .Ifthe adjacent property is undeveloped and the street must be a dead-end street temporarily, the right-of-way shall be extended to the property line. A temporary' T- or L-shaped turnabout shall be provided on all temporary dead-end streets, with the notation on the subdivision plat that land outside the normal street right-of-way shall revert to abutting property owners whenever the street is continued.." Pavement width: 18' accounted for Shoulders: 6' accounted for Asphalt width, base, subgrade material, and drain materials to be confirmed on final plat. Developer is required to dedicate at their expense any area needed for widening or realignment of roads - dedication planned for to include street and shoulders. Lot arrangement: Accounts for parking, access, stormwater, etc. Follows the same pattern as the surrounding areas. Lot drainage: System has been designed to account for the developments stormwater and will flow into a retention area. Stormwater requirements must be met for final plat submission - No plat of subdivision shall be approved if the proposed improvements will increase flood flows, height, or damage from a 25-year frequency, 24-hour duration storm event. > Utilities: ) Water - Letter of Availability needed by Final Plat for Water Service Developer must ensure source of potable water for domestic use and fire protection. Fire Hydrant - nearest hydrant? Potential 15' easement for water lines needed Sewer- Approved DEP Application for Constructing a Domestic Wastewater Collection System Potential 15' easement for waste water lines needed Stormwater - NWFWMD Permit Power: Location? Poles or unground? Needs to be addressed on final. Trash - City will need to confirm WasteOne addition to route Cans on each lot? Dumpster? Sec. 111-148 Prior to the release of the performance bond and recording of the final plat, the developer shall reimburse the city for all expenses incurred by the city engineer or his designee for professional services required by this article. Citizen Input: N/A at this time. Agenda Attachments: Sketch Plat Application & Attachments: P&Z Application Cover Letter - includes utilities statements Property Survey Sketch Plat including Street Layout Vicinity Map Feasibility Study - Garlick Final Plat Application &. Attachments: (NOT YET TO THIS STEP,APPLICANT HAS PROVIDED SOME INFORMATION AHEAD OF SCHEDULE) Stormwater Calculations Stormwater Management Plan DRAFT Declaration of Conditions, Covenants, and Restrictions Supplementary: Staff Report City of Apalachicola - Platting General Info Link to Land Use Code: https://library.municode.com/tlapalachicola/codes/code.ot.ordinances/nodeid-SPBLADECO CH111LAUS Sec. 111-37 N 191 contains applicable code for subdivision platting. Basic Steps: 1. Determine if the proposed development is a Minor or Major Subdivision. a. Minor - less than 20 lots b. Major - 20 lots or more 2. Applicant consults with staff to familiarize with the City's subdivision requirements. 3. Subdivision must be classified as a minor or major subdivision - all requests for subdivision approval must receive sketch plat approval. a. If Minor - only final plat need be obtained. b. If Major both preliminary and final plat shall be obtained. 4. Sketch play approval must be submitted 30 days prior to the next P&Z meeting. 5. P&Z will approve or deny the sketch plat with comments. 6. P&Z preliminary plat approval application and documents must be submitted to City staff 30 days prior to next P&Z meeting. 7. P&Z will approve or deny the preliminary plat with comments. 8. P&Z approved preliminary plat will be placed on the next regular commission meeting for commission approval or denial with comments. 9. If approved by commission, final plat documents must be submitted to City staff 30 days prior to next P&Z meeting. 10. P&Z will approve or deny the final plat. 11. P&Z approved final plat will be placed on the next regular commission meeting for commission approval or denial. 12. If commission approves, final signatures and documents will be obtained to be recorded with the City Clerk. At this point development can begin pending permits. Part 1: Sketch Plat Documents Per our land use code, you will need to provide the following for this P&Z meeting: A P&Z Application packet - filled out with as much information as possible. Two copies of the sketch plat and accompanying material shall be submitted to the building official 30 days prior to the next regularly scheduled planning and zoning board meeting. The sketch plat shall include: (1) Name of subdivision boundary survey and legal description, scale, north arrow, number of acres to be subdivided, current zoning and total number of proposed lots; 1 (2) Vicinity map showing the relationship between the area proposed for development and surrounding streets and public facilities. All land within 100 feet oft the proposed subdivision shall be shown and the names of adjacent subdivisions, if any, and property owners shall be indicated; (3) Preliminary street and lot layout; and (4) Statement regarding availability and source of potable water and how sewer and stormwater will be disposed. The building official shall then prepare a composite report and recommendation for action to the planning and zoning board for the next regular meeting.le)The planning and zoning board shall study the sketch plat and the report of the building official, taking into consideration the requirements of the subdivision regulations and the best use of the land being subdivided. Particular attention will be given to the arrangement of the lots and streets, method of sewage disposal, stormwater drainage, the future development of adjoining lands as yet unsubdivided, and the requirements of chapter 111, article III and the comprehensive plan. After reviewing the sketch plat and the building official's report, the planning and zoning board will advise the developer of its approval or the specific changes it will require as a prerequisite to recommending approval of the subdivision plat. Approval of the sketch plat shall constitute authorization to submit the preliminary subdivision plat in the case of a major subdivision and the final plat in the case of a minor subdivision. At the time of sketch plat approval, the developer shall assign a name to the subdivision by which it will be legally known after final plat approval. Such name shall not be the same or in any way SO similar to any name appearing on any recorded plat in the city as to confuse the records or to mislead the public as to the identity of the subdivision, except when the subdivision is subdivided as an additional phase by the same developer or his successors in title. Every subdivision's name shall have legible lettering of the same size and type, including the words "section,' "unit,' "replat, I "amended, etc. Part 2: Preliminary Plat Documents Per our land use code, you will need to provide the following for this P&Z meeting: A P&Z Application packet filled out with as much information as possible. Updated elevation certificate Two copies of the preliminary plat and accompanying material shall be submitted to the building official 30 days prior to the next regularly scheduled planning and zoning board meeting. The preliminary plat shall include: (1) Name of subdivision, boundary survey and legal description, scale, north arrow, number of acres to be subdivided, current zoning, and total number of lots. (2) Names and addresses of owner, developer, land surveyor, and engineer. (3) Topographic map with contour intervals at one foot. 2 (4) Dimensions and locations of all parcels of land proposed to be dedicated or reserved for public or common use, such as rights-of-way, easements, drainageways, parks, and other public or common use spaces. (5) Location of any existing streets, easements, utilities, stormwater management facilities, or other improvements. (6) Proposed lot, block, and street layout and parking areas. Lots and blocks should be numbered and street names should be shown. (7) Schematic drawings of proposed potable water, sanitary sewer, and stormwater management systems, including the location of the outfall for stormwater discharge. Indicate size and approximate location of internal distribution and collection lines, direction of flow, and location of any lift stations, retention/detention facilities, and other major features of these systems. (8) Draft copies of proposed covenants, deed restrictions, and homeowners or condominium documents, if any. (9) Location of streams, lakes, swamps, wetlands and flood prone areas on the property to be subdivided. Indicate the flood zone of the proposed subdivision and the base flood elevation. (10) Proposed bulkheads, seawalls, and similar structures. (11) When applicable, indicate how the project will be phased, the order in which the phases will be developed, and the approximate date when development for each phase will begin. Each phase should be designed to stand independently of phases not yet developed. The planning and zoning board shall recommend to the city commission that the preliminary plat be approved as presented, be approved with conditions, or be disapproved. The building official shall place the proposed preliminary plat on the next regularly scheduled city commission agenda. The report of the building official and the recommendation of the planning and zoning board shall be forwarded for the city commission's consideration. The city commission, after reviewing the material presented, shall approve, approve with conditions, or disapprove the preliminary plat. Approval shall constitute authorization to submit a final plat to the planning and zoning board for approval. Application for final plat approval shall be submitted within one year following approval of the preliminary plat by the city commission. No development shall be permitted prior to final plat approval. After preliminary approval from P&Z and the City Commission, you will be set to send in your documents for your final plat approval to P&Z and the City Commission. You will need to send in documentation 30 days before next P&Z meeting again. Part 3: Final Plat Documents Per our land use code, you will need to provide the following for this P&Z meeting: A P&Z application packet. Two copies of the final plat and accompanying material and two copies oft the construction plans shall be submitted to the building official at least 30 days prior to the next regularly scheduled 3 planning and zoning board meeting. The plat and accompanying materials shall conform substantially to the approved preliminary plat. The final plat shall reflect the conditions of earlier approvals and shall include: (1) The plat map prepared in accordance with F.S. S 177.091, each sheet thereof being 36 inches long and 24 inches wide. The final plat shall be drawn on Mylar or vellum and shall be at a scale of 60 feet to one inch or larger. Where necessary, the plat may be on several sheets accompanied by an index sheet showing the entire subdivision. (2) The construction plans showing all subdivision improvements in accordance with division 3 of this article. (3) Developers proposing to post a guarantee for the construction of subdivision improvements shall submit the guarantee pursuant to division 4 of this article. (4) Copies of permits required from any federal or state governmental regulatory agency, or proof that application for such permits has been made and is pending approval. (5) Title certification pursuant to F.S. S 177.041. (6) Restrictive covenants, deed restrictions, deeds for lands on improvements to be conveyed to the city, access on utility easements, drainage, potable water or sanitary sewer easements, and condominium or homeowners association documents, if any. (7) Dedications. SEE FULL CODE FOR SPECIFICS. Tentative Timeline: Sketch Plat documents submitted 30 days prior to next P&Z meeting. Ifa approved by P&Z, then proceed to either Preliminary or Final plat, depending on Minor/Major Classification. Preliminary Plat Documents submitted 30 days prior to next P&Z meeting. If approved by P&Z, preliminary plat documents provided to City Commission for decision at next regular meeting. Ifapproved by City Commission, then final plat documents submitted 30 days prior to next P&Z. Ifa approved by P&Z, final plat documents provided to City Commission for decision at next regular meeting. Ifa approved by City Commission, then final plat documents are signed and recorded with City Clerk by City Staff. PLEASE READ THE LAND USE CODE FOR FULL INFORMATION AND WHAT THE CITY WILL BE LOOKING FOR. IT IS THE RESPONSIBILITY OF THE APPLICANT TO ENSURE ALL NECESSARY DOCUMENTS ARE PROVIDED AND IN ACCORDANCE WITH THE LAND USE CODE. 4 Official Use Only Date Received: & Meeting Date: City of Apalachicola Planning Zoning Fees Due: Application for Development/Site Plan Approval Date Fees Paid: OWNER INFORMATION CONTRACTOR INFORMATION Owner It's A Cluster, LLC Contractor Name Poloronis Brothers Builders Address 130 Sawyer Lane State License # RR282812233 City License # City. Apalachicola State FL Zip 32320 Email poloronsbros@gmal.com Phone 712-490-1524 Phone 850-570-1976 PROJECTTYPE New Construction Fence Addition Accessory Structure Alteration/Renoyation Certificate ofAppropriateness Relocation Other Demolition PROPERTY INFORMATION Street Address (911 Address): 22nd Avenue and 23rd Avenue City & State: Apalachicola, FL Zip: 32320 Parcel ID #: 01085.067483302820010 & 01085.08483302820200 Block: 262 Lot: 1 thru 7 and Zoning District: R2 ?? - I Historic District X - Non-Historic District Lots 20 thru 30 FEMA Flood Zone: AE ???? OFFICIAL USE ONLY Certificate of Appropriateness: Required? Y/N This development request has been approved for a Setback Requirements of Property: Certificate of Appropriateness (if applicable), zoning, Front: Rear: Side: land use, and development review by the City of Corner Lot? Y /N Street Sides: Apalachicola Planning & Zoning Board and a Lot Coverage: building permit is authorized to be issued. STAFF NOTESAECOMMENDATION: City Staff Date Approved NOTE: This is a conceptual approval through the City based on our Land Development Code (LDC.) Please be aware that other documentation may be required by the Building Official. Applicant Initial Describe the proposed project and materials. Describe the proposed project in terms of size, affected architectural elements, materials, and relationship to the existing structure(s). PROJECT SCOPE MANUFACTURER PRODUCT DESCRIPTION FL: PRODUCT APPROVAL# Siding James Hardie Fiber Cement Lap Siding Doors Therma-Tru Windows Custom Window Systems Roofing 26 Gauge Galvalume Trim James Hardie 1x4 Foundation Poured Concrete Footings & Concrete Block Shutters TBD Wood or Composite Porch/Deck Pressure Treated Lumber Fencing TBD Driveways/Sidewalks Sunshine Mimosa Other NOTE: Please have a site plan prepared to turn in with your application. At minimum, the site plan needs to contain: a North arrow, surrounding streets, lot lines, lot dimensions, setbacks, current structure dimensions, proposed structure dimensions, fence locations, andfence heights. Applications requiring a Certificate of Appropriateness will also need to submit renderingslelevations ofany proposed structures and note the materials proposed. More information may be requested by City Staff It's a Cluster LLC 130 Sawyer Lane Apalachicola, FL 32320 February 3, 2025 Planning and Zoning Board, City Commission, Community of Apalachicola 192 Coach Wagner Blvd. 192 14th St. Apalachicola, FL 32320 Subject: Proposed Minor Subdivision Development Proposed Name: Magnolia Allee Location: Block 262, Lots 1-7, 20-30 Dear Members of the Planning and Zoning Board, City Commission, and Residents of Apalachicola: We are pleased to submit for your review a comprehensive site development plan for 18 vacant lots located in Apalachicola. This proposal is designed to thoughtfully balance the historical architectural context of our city with the requirements outlined in the Apalachicola, Florida - Code of Ordinances. Our aim is to enhance both community aesthetics and functionality. Project Overview: The development plan includes the construction of 12 new homes on the 18 lots, preserving ample green space and accommodating stormwater retention. A new road will be integrated into the community layout to improve accessibility. The design of the homes respects the historical shotgun architecture that is an integral part of Apalachicola's heritage. These homes are, joined to fulfill the city code requirements fori townhomes, allowing for construction on 30x100 foot lots. Historical and Architectural Context: The proposed homes are inspired by the traditional shotgun houses, which were originally designed to fit on narrow strips of land. The shotgun house is a simple form of Folk Victorian architecture introduced in New Orleans and adopted in Apalachicola in the early 1800's and again in the 1920's. By replicating these designs, we strive to honor Apalachicola's architectural legacy while meeting contemporary housing needs. Geological and Economic Considerations: Our proposal is underpinned by thorough geological and economic assessments. A survey of Apalachicola, covering approximately ten square miles, indicated that 39% of the area is unsatisfactory for construction due to high water tables and poor soil drainage. There is very little space to build on the south side and on the north side of town there are approximately 100 lots remaining. As our town continues to grow there is a need to provide additional housing for current residents and for those seeking to relocate to Apalachicola. Ecological Considerations: Tree Preservation and Survey: A comprehensive tree survey has been conducted to identify and preserve protected tree species on the development site. Byi integrating existing trees into the site design, we strive to preserve native trees along with a variety of native flora while planting back 12 additional trees which will contribute to the ecological health of the area. Preserving and planting trees will provide shade, improve air quality, and enhance the aesthetic appeal of the community. Stormwater Management: An engineering report for stormwater management has been prepared to address potential flooding and water runoff. Our stormwater management plan includes innovative solutions such as berms, bioswales, permeable areas, and retention ponds to effectively manage and treat stormwater on-site. These measures will mitigate the impact on local waterways and reduce the risk of flooding, ensuring a sustainable and resilient development. Green Spaces: The design incorporates green spaces that serve as communal areas for residents while promoting biodiversity. These green spaces will include native plants and vegetation, creating habitats for local wildlife and enhancing the ecological value of the area. Energy Efficiency: The homes are designed with energy-efficient features, including but not limited to, high-performance insulation, energy-efficient windows, and fiber-cement siding materials. These features will reduce energy consumption, lower utility costs for residents, and minimize the development's carbon footprint. Sustainable Materials: The construction will incorporate sustainable materials, those made of recycled materials and those sourced locally which reduces the carbon footprint, to minimize the environmental impact. This approach supports both sustainability and the local economy. Community Benefits: This project will contribute significantly to the local community by: Preserving the historical architectural aesthetic of Apalachicola. Providing long-term housing solutions. Boosting the local economy through construction. Phase 1: Site Development and Initial Construction TBD: AUGUST 2025 Tree Removal and Grading: Begin by clearing necessary trees and grading the land to establish a stormwater retention area. Stormwater Management: Implement stormwater management solutions to ensure proper drainage and compliance with city regulations. Road Construction: Develop new road infrastructure to provide access to the townhome units. Utility Connections: Connect the development site to city water and sewer systems. Phase 2: Construction of First Unit of Three Townhomes TBD: SEPTEMBER 2025 Foundation and Framing: Lay the foundation and frame the first unit of three townhomes. Utility Hookups: Connect utilities to the new townhomes, ensuring they meet all necessary codes and standards. Interior and Exterior Finishing: Complete the interior and exterior finishing of the townhomes, making them ready for sale. Phase 3: Sequential Construction of Remaining Units TBD Second Unit of Three Townhomes: After selling the first unit, begin construction on the second unit of three townhomes, following the same process as Phase 2. Third Unit of Three Townhomes: Upon the sale of the second unit, proceed with building the third unit of three townhomes. Fourth Unit of Three Townhomes: Complete the development by constructing the fourth and final unit of three townhomes. We are confident that this project aligns with the city's strategic goals for sustainable development and historical preservation as outlined in the Apalachicola, Florida Code of Ordinances. I look forward to the opportunity to present this proposal in detail and discuss how it can benefit our community. Thank you for considering this development plan. We are available to answer any questions or provide further information as needed. Sincerely, eg It's A Cluster, LLC Charles Leonard It's A Cluster, LLC 130 Sawyer Lane Apalachicola, FL 32320 Subject: Proposed Minor Subdivision Development Proposed Name: Magnolia Allee Location: Block 262, Lots 1-7, 20-30 Project Consultants: Backroads Consulting 244 Prado Street Apalachicola, FL 32320 JMW J. Weiksner Sr, PE, LLC 1511 East Gulf Beach Drive St. George Island, FL 32328 Leonard & Co Design House 112 11th Street Apalachicola, FL 32320 Studiolo Design 336 Fairview Ave Hudson, NY 12532 Thurman Roddenberry & Associates, Inc. 125 Sheldon Street Sopchoppy, FL 32358 It's a Cluster LLC 130 Sawyer Lane Apalachicola, FL 32320 February 3, 2025 Planning and Zoning Board, City Commission, Community of Apalachicola 192 Coach Wagner Blvd. 192 14th St. Apalachicola, FL 32320 Statement Regarding Availability and Source of Potable Water and Disposal of Sewer and Stormwater Potable Water: The proposed development will be connected to the city's municipal water supply, ensuring a reliable source of potable water for all townhome units. The city's water supply meets all federal and state quality standards, providing safe and clean drinking water for residents. Sewer Disposal: Each townhome unit will be connected to the city's sewer system for effective wastewater management. The city's sewer infrastructure is designed to handle the additional load from the new development, ensuring proper and efficient disposal of sewage. Stormwater Disposal: The development plan includes a comprehensive stormwater management system. A dedicated stormwater retention area will be established to collect and manage runoff from the site. The stormwater management solutions will comply with all city and state environmental regulations. APPROXIN 0 1 FLOOD ZON ELL/S VAN FLEET STREET de @ 6th STREET SITE BENC 50. R/W: N. PAVED. NAIL.&: CL # SET:IN.ED. AND ELEÇTRIC SVISSON. 100.00(RP) 135 100:00(RP): ASPHALT. 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BLOCK r BLOCK ar R/ R R/ (s/) THE PRADO 50 R/W PAVED 8 5 00 AS - 8 e - a : gisisl E : - a V f 3 3 8 3 - E € E : I o a S 8 5 - 95 A 3 3 53 8 5 3 51 8 $ A DORUEUP ORORS 5 7a M/ 9 E : A 5 5 8 & : - - : : - * a - a a - 8 8 8 a 5 58 Dy 8 5 5 5 E 58 5 /s /s a GARLICK ENVIRONMENTAL ASSOCIATES, INC. SPECIALIZING IN: REGULATORY PERMITS . WETLANDS/UPLAND JURISDICTIONAL DELINEATIONS . SUBMERGED LAND LEASES . ECOLOGICAL INVENTORY ASSESSMENTS: CONSERVATION. AND OTHER EASEMENTS EXPERT WITNESS AND ENVIRONMENTAL LITIGATION SERVICES . MITIGATION: . CULTURAL RESOURCE. ANALYSIS . CREATIVE MARINA, DOCK, AND SUBDIVISION DESIGN April 22nd, 2023 Chuck Leonard SENT ELECTRONICALLY Re: Development Feasibility Assessment: Parcel 1: 010508W833028.0200 Franklin County, Florida Parcel 2: 01095088330028.0010 Franklin County, Florida GEA#23-046 /WD, DFA Good afternoon. As requested, Garlick Environmental Associates, Inc., conducted an onsite Development Feasibility Assessment on April 18th, 2023. This assessment included an onsite investigation to determine the site's biophysical features and how those features could affect the site's development. Below is a summary of the above information, as well as a description ofthe regulatory issues that would affect the site's development. PROJECT LOCATION The site is comprised oftwo adjacent parcels at the intersection of 22nd Avenue and Ellis Van Fleet Street, in the City of Apalachicola City). The parcels are divided by a city/municipal easement. The westernmost parcel (PID 0200) is adjacent to a regionaly-signtficant engineered drainage feature. Please reference the attached maps for further information. METHODOLOGY The methodology employed in the assessment included a pre-field compilation of location data, review oft the local quadrangle topographic map, the Franklin County NRCS soils atlas, and interactive GIS mapping for wetlands and soils. P.O. BOX 385 APALACHICOLA, FL 32329-0385 (850) 653-8899 FAX (850) 653-9656 garlick@galickenv.com Leonard 23-046 The field investigation included a preliminary determination ofthe site's boundaries, as well as a compilation of features adjacent to the site. Thereafter, the site was traversed to provide optimum analysis ofthe site's features to determine their relative form and function. Features of the lot were located on the site and GPS positioned by Trimble Geo 7X and are illustrated on the attached sheets. BIOPHYSICAL FEATURES Generally, the project site is located within a coastal drainage district. Most oft this area is characterized by coastal habitats and soils formed by the interaction of river deposition and coastal barrier island accretion. Specifically, this site is comprised of degraded natural communities impacted by ditching, invasive species, firesuppression, and residential development surrounding the parcels. No intact natural communities or wetlands occur at the site. The parcels are cleared, non-wetland lots. Historically, the following natural communities were present at the site. Non-Wetlands Wet Flatwoods (G4/S4) - flatland with sand substrate; seasonally inundated; statewide except extreme southern peninsula and Keys; frequent fire (2-4 years for grassy wet flatwoods, 5-10 years for shrubby wet flatwoods); closed to open pine canopy with grassy or shrubby understory; slash pine, pond pine, large gallberry, fetterbush, sweetbay, cabbage palm, wiregrass, toothache grass. GEOPHYSICAL FEATURES SOILS: Soils are classified as: Soil Symbol Soil Name Acres on Site Percent of Site 22 Leon Sand: 0-2% -0.6 39.6% Slopes 31 Rutlege Fine Sand: -0.9 60.4% 0-2% Slopes Please see USDA soil map data for further information. 2 Leonard 23-046 REGULATORY CONSIDERATIONS As indicated the project site consists of uplands, with no wetland encumbrances. With that said, the City and the Northwest Florida Water Management District will be involved in the development process. Building permits will be routinely required before construction. The city will administer the onsite sewage disposal systems. The types of development and the attendant setbacks are further described below. Zoning The zoning for the project site is designated as R-2 Multi Family Residential District. This district allows for high density multiple units as well as other compatible uses with this type of use. You could construct anything from single family to muti family units. Including townhouses. Building The following setbacks for a R-2 residence at this site within the City of Apalachicola are provided in Attachment A. The type sue you desire will be predicated on the district code which we can assist you once your density requirements are determined. You should pay special attention to the lot cover when choosing a density use. The stormwater management and fill issues are in Chapter 115 which is a relatively new ordinance been instituted to protect neighboring lots from stormwater runoff. As well, special attention should be given for parking requirements. Building Permit A building permit will be required from the City of Apalachicola Building Department for "Site Preparation" ifany is required, as well as for the construction of the dwellings. Prior to that a site plan review process will require approval by the city planning and building board. Potable Water and Sewer Potable water and sewer is available from the City of Apalachicola. The cost for tap fees will be contingent on the development. Flood Zone The following flood zones exist on the parcels: 3 Leonard 23-046 Parcel 0200: ZONES PRESENT BASE FLOOD ELEVATION STATUS 0.2PCT (3%); AH (97%) N/A Preliminary 0.2PCT (3%);X (97%) N/A Effective Parcel 0010: ZONES PRESENT BASE FLOOD ELEVATION STATUS 0.2PCT (59%); AH (41%) N/A Preliminary 0.2PCT (57%); X (43%) N/A Effective Essentially, the western lots will be in an AH 12 zone while the eastern lots will be partially in the same zone. Please reference attached water management district data for further guidance. OPINION This site is suitable for high density residential development with qualifications. Buildable Area 38,520 Feet2 (0.88 Acres) When designing the site plan, you should consider the referenced setbacks from the lot lines on the attached documents. The type development will dictate what those set backs will require. Essentially this parcel is reasonably useful for development with the compliance of the FEMA flood zone. A topographic survey will be required to determine the base flood elevation. Your dwelling elevation will be predicated in the actual elevation subtracted from the Ah elevation. In any event, the site is expected to require the survey work, engineering work, planning and of courses construction phase. The process will include, at least, one public hearing with an emphasis on the stormwater management plan. This assessment should aid you in your planning efforts. The opinion rendered in this assessment may be affected by revisions in local, state, or federal law and policy. Therefore, if a significant delay in your activity occurs, it is advisable to notify GEA. The assessment does not provide authorization for any activity 4 Leonard 23-046 requiring a permit. However, GEA can provide professional assistance in obtaining permits or additional work as requested. Ifyou have any questions, or need additional information, please do not hesitate to call me at the Apalachicola office 1-850-653-8899. Sincerely, Dan Garlick PWS Garlick Environmental Associates, Inc. Attachment A 5 Attachment A In residential districts, and on any lot used for residential purposes, no accessory structure shall be located in required front yards. 2. Parking Regulations See Section IV E (8) Parking Regulations 3. Special Exceptions: Unless otherwise specified, special exceptions must comply with development standards As referenced. If deemed appropriate by the Planning and Zoning Commission in order to grant a special exception, certain more stringent standards may be imposed. 4. Submerged Lands: In case where building lots are adjacent to and contiguous with wetlands, a setback of 20 feet from jurisdictional wetlands shall replace conflicting lot line setbacks. This setback shall consist of a vegetative buffer. 5. Residential Apartment Units: When approved as a special exception, up to a maximum of three (3) residential apartment units may be allowed per existing single family structure provided that the lot upon which the structure is located has ai front lot line of at least 60 feet and a depth of at least 100 feet and provided that at least one parking space per apartment unit is provided onsite; however, up to a maximum of four (4) residential apartment units may be allowed when approved as a special exception provided that the lot upon which the structure is located has a front lot line of at least 90 feet and depth of 100 feet and provided that at least one parking space per apartment unit is provided onsite. 6. Supplemental Regulations: Provisions of Section VII, Site Plan Review, and Section VIII, Storm water Management Plans shall be applicable to certain lands within this district. R-2 MULTI-FAMILY RESIDENTIAL DISTRICT INTENT: To provide for the accommodation of medium to high density, multi-family dwelling units. And where appropriate, to allow for certain educational, religious, recreational and public needs compatible with the general characteristics of the District. PERMITTED USES AND STRUCTURE: PRINCIPAL 1. Single family residential 2. Two family residential 3. Townhouses 4. Multi-family residential ACCESSORY Accessory uses and structure customarily incidental and subordinate to permitted principal uses and structure and not of a commercial nature, including private garages, tool sheds, kitchen gardens and the like. SPECIAL EXCEPTIONS: After public notice and hearing and appropriate conditions and safeguards, the Planning and Zoning Board may permit as special exceptions, subject to referenced development standards: 1. Funeral Homes 2. Utilities Substations 3. Churches 4. Schools 5. Hospitals & Clinics 6. Home Occupations 7. Nursing Home 8. Public Facilities & Structure 9. Residential Apartment Units in existing single family structure (See Applicable Regulations No. 5) PROHIBITED USES AND STRUCTURE 1. Mobile homes or house trailers on vacant lots or in residential yards. 2. Any structure or use of a nature not specifically or provisionally permitted herein. 3. Travel trailers DEVELOPMENT STANDARDS MINIMUM LOT OR SITE SIZE Single Family and Home Occupations Area: 6,000 sq.ft. Width: 60 ft. Depth: 100 ft. Two Family Area: 9,000 sq.ft. Width: 90 ft. Depth: 100 ft. Townhouses Area Site Size: 9,000 sq.ft. Individual Lot Size: 1,800 sq.ft. per dwelling unit Maximum building grouping: 10 units or 200 feet Minimum building grouping: 3 units or 48 feet Width Site: 90 ft. Individual Lot: 16 ft. Depth: Site: 100 ft. Individual Lot: none Multi-family and Special Exceptions Area: 12,000 sq. ft. Width: 120 ft. Depth: 85 ft. MINIMUM BUILDING SETBACKS Front: 15 ft. Side - Interior Lot: Single Family: 7 1/2 feet each side, or any combination of setbacks on each side that equals at least 15 feet, provided that no such setback shall be less than 5 feet. Two Family: 71/2 feet each side, or any combination of setbacks on each side that equals at least 15 feet, provided that no such setback shall be less than 5 feet. Townhouses: For 4 or fewer attached townhouses the same as for single family. For 5 or more attached townhouses the same as for multi-family. Multi-family: 15 feet Side - Corner Lot: 15 feet Rear: 25 feet for principal structure 51 feet for accessory structure MAXIMUM BUILDING RESTRICTIONS Lot Coverage: 40% for single family 45% for two family 45% for townhouses 50% for multi-family Building Height: 35 feet APPLICABLE REGULATIONS 1. Location of accessory structures: Location of accessory structures in residential districts: In residential districts, and on any lot used for residential purposes, no accessory structure shall be located in required front yards. 2. Parking Regulation See Section IV E (8) Parking Regulations 3. Multi-Family Housing 1) Fifty percent (50%) maximum lot coverage which shall include impervious surface. 2) Maximum of one ground floor dwelling unit per 2,000 square feet of total building site. 3) Minimum dwelling unit size shall be 600 square feet. 4) Maximum of twenty (20) dwelling units per acre at total build out. 4. Special Exceptions: Unless otherwise specified, special exceptions must comply with development standards as referenced. If deemed appropriate by the Planning and Zoning Commission in order to grant a special exception, certain more stringent standards may be imposed. 5. Residential Apartment Units When approved as a special exception, up to a maximum of three (3) residential apartment units may be allowed per existing single family structure provided that the lot upon which the structure is located has a front lot line of at least 60 feet and a depth of at least 100 feet and provided that at least one parking space per apartment unit is provided onsite; however, up to a maximum of four (4) residential apartment units may be allowed when approved as a special exception provided that the lot upon which the structure is located has a front lot line of at least 90 feet and a depth of 100 feet and provided that at least one parking space per apartment unit is provided onsite. 6. Supplemental Regulations Provisions of Section VII, Site Plan Review, and Section VIII, Storm water Management Plans, shall be applicable to certain lands within this district. R-3 MOBILE HOME RESIDENTIAL DISTRICT INTENT: To provide for the accommodation of medium to high density, multi-family dwelling units, as well as to allow for the location of mobile and module homes within City limits. And, where appropriate, to allow for certain educational, religious, recreational and public needs compatible with the general characteristics of the District. PERMITTED USES AND STRUCTURES: PRINCIPAL 1. Single family residential 2. Two family residential 3. Townhouses 26hAve 25thAve 25thAvès B - 240AVG 24th/Ave 24bAve - 3dAV 23dAVa A7 4 VGN Nuojo Na7. w hadow B 5 Baleyln a 0 Ave ALSNTD 4 o V 23rd Ave 23d Ave 15 Setback d 5 - a 5'Setback, Setback 5 I 5 Setback 22ndAve 22ndAve 23rd Ave 23rd Ave 15 Setback 8 I 5' Setback 5' Setback 6 51 I 15' Setback 22nd Ave 22nd Ave 6 - - T OqPublic.net Franklin County, FL 125 Overview 063 219 lis Van Fleet St 9 Legend 008 3 Parcels 107 273 - Roads 3 CityLabels D 806 106 110 02 001 - 100 NE 143ft 280 * ParcelID 0105.084330026200 Alternate ID 840950183002820200 Owner Address PARTINGTONDXIE Sec/Twp/Rng 1-95-8W Class VACANT 527THSTREET Property Address 00 Acreage n/a APALACHICOLAFL32320 District 3 BriefTax Description BLK262LOTS: 20THRU: 30INC (Note: Not tol be used on legal documents) Date created: 4/12/2023 LastData UB51a4120280PSAM Developedby S Sehnsidet OqPublic.net Franklin County, FL 429A4 Overview 0 NAN 0 126 3 I - 3 219 - Legend Ellis Van Fleptst Parcels Roads CityLabels - 3 273 107 3 - 8 & - I - à 5 - - 106 1Q - 100 100 s 143fti ay ParcelID 01-095-08W-8330-0262-0010 Alternate ID 08W0950183002620010 Owner Address PARTINGTONDIXIE Sec/Twp/Rng 1-95-8W Class VACANT 527THSTREET Property Address Acreage n/a APALACHICOLAFL32320 District 3 BriefTax Description BL: 262 (Note: Not tol be usedonlegaldocuments) Date created:4/12/2023 LastDatal Uploaded: 4/2202380725AM Developedby €S) Schneider GEOSPATIAL d6 e o a a a 6 5 - : * - o 3 3 S - 5 E 0 3 A o 9 € € 0 a 5 a 2 s a o 0 - - a - & 9 31 5 g 2 w. - 3 E a f % 0 A 3 8 I 8 3 o 5 - 3 & 9 e 3 - 8 - E E 3 a 5 8 E 3 o o; & 5 3 I 22nd' Avenue e 22nd Avenue - V a o a 8 a . - I 9 : 5 8 o I 3 3 e € 3 e Re W 3 de 9 o 0 - % 8 e 5 E a a s 5 3 2 1 6 * I E S oo dW I - 9 à a 1 a 9 5, o I 5 9 a : - a 8o x E A a ç - 8 3 3 3 B P 9 * 3 € 3 - 3 % a E 3 y f - & E I P I 3 8 a - 5 o - & o & - > I - 6 a 8 a 5 a 0 o 1 3 5 e N - D a E e Soil Map- -Franklin County, Florida B 693240 G83250 696260 693270 686280 693290 683300 683310 693320 29 438'N H 29° 3 3 31 2 Soll Map Gay noR bey valid as Chis SGala, - 29 433" 29° 13 3'N 693240 693250 693260 693270 693280 693290 683300 683310 693320 683330 MapScale: afpmMAPRAPaRew : 3 N Meters 0 & 5 10 20 30 Feet 30 60 120 180 Mapp projection: WebMercator Comer coordinates: WGS84 Edget tics: UTMZone 16NWGS84 USDA Natural Resources Web Soil Survey 4/12/2023 Conservation Service National Cooperative Soil Survey Page 1of3 * & a E a 2 e - Soil Map-Franklin County, Florida Map Unit Legend Map Unit Symbol Map Unit Name Acres in AOI Percent of AOI 22 Leon sand, 0 to 2 percent 0.6 39.6% slopes 31 Rullege fine sand, 0 to 2 0.9 60.4% percent slopes Totals for Area of Interest 1.5 100.0% USDA Natural Resources Web Soil Survey 4/12/2023 - Conservation Service National Cooperative Soil Survey Page 3 of3 o 9 8 4 Map Unit Description: Rutlege fine sand, 0 to 2 percent slopes--Frankin County, Florida Franklin County, Florida 31-Rutlege fine sand, 0 to 2 percent slopes Map Unit Setting National map unit symbol: 2ttkl Elevation: 0 to 450 feet Mean annual precipitation: 53 to 61 inches Mean annual air temperature: 64 to 72 degrees F Frost-free period: 290 to 320 days Farmland classification: Not prime farmland Map Unit Composition Rutlege and similar soils: 92 percent Minor components: 8 percent Estimates are based on observations, descriptions, and transects of the mapunit. Description of Rutlege Setting Landform: Flats, marine terraces Landform position (hree-dimensiona): Talf Down-slope shape: Linear Across-slope shape: Concave Parent material: Sandy marine deposits and/or fluviomarine deposits Typical profile A - Oto 13 inches: fine sand Cg - 13 to 80 inches: sand Properties and qualities Slope: 0 to 2 percent Depth to restrictive feature: More than 80 inches Drainage class: Very poorly drained Runoff class: Negligible Capacity of the most limiting layer to transmit water (Ksat): High to very high (5.95 to 19.98 in/hr) Depth to water table: About 0 to 6 inches Frequency of flooding: None Frequency of ponding: Frequent Maximum salinity: Nonsaline to very slightly saline (0.0 to 2.0 mmhos/cm) Sodium adsorption ratio, maximum: 4.0 Available water. supply, 0t to 60 inches: Low (about 3.9 inches) Interpretive groups Land capability classification (irrigated): None specified Land capability classification (nonirrigated): 6w Hydrologic Soil Group: A/D Ecological site. F152AY350FL - East Central Sandy Lowland USDA Natural Resources Web Soil Survey 1/24/2025 Conservation Service National Cooperative Soil Survey Page 1 of3 Map Unit Description: Rutlege fine sand, 0 to 2 percent slopes---Franklin County, Florida Forage suitability group: Sandy soils on flats of mesic or hydric lowlands (G152AA141FL) Other vegetative classification: Sandy soils on flats of mesic or hydric lowlands (G152AA141FL) Hydric soil rating: Yes Minor Components Scranton Percent of map unit: 2 percent Landform: Sloughs on marine terraces Landform position (hree-dimensiona): Dip Down-slope shape: Linear Across-slope shape: Concave Ecological site. F152AY350FL - East Central Sandy Lowland Other vegetative classification: Sandy soils on flats of mesic or hydric lowlands (G152AA141FL) Hydric soil rating: Yes Pickney Percent of map unit: 2 percent Landform: Depressions on marine terraces Landform position (three-dmensiona): Dip Down-slope shape: Concave Across-slope shape: Concave Ecological site: F152AY350FL - East Central Sandy Lowland Other vegetative classification: Sandy soils on stream terraces, flood plains, or in depressions (G152AA145FL) Hydric soil rating: Yes Pamlico Percent of map unit: 2 percent Landform: Depressions on marine terraces Landform position (hree-dimensiona): Dip Down-slope shape: Concave Across-slope shape: Concave Ecological site: F152AY350FL - East Central Sandy Lowland Other vegetative classification: Organic soils in depressions and on flood plains (G152AA645FL) Hydric soil rating: Yes Lynn haven Percent of map unit: 2 percent Landform: Flats on marine terraces Landform position (hree-dimensiona): Talf Down-slope shape: Convex Across-slope shape: Linear Ecological site: F152AY320FL - East Central Sandy Flat Other vegetative classification: Sandy soils on flats of mesic or hydric lowlands (G152AA141FL) USDA Natural Resources Web Soil Survey 1/24/2025 Conservation Service National Cooperative Soil Survey Page 2 of 3 Map Unit Description: Rutlege fine sand, 0 to 2 percent slopes-- -Franklin County, Florida Hydric soil rating: No Data Source Information Soil Survey Area: Franklin County, Florida Survey Area Data: Version 21, Aug 21, 2024 USDA Natural Resources Web Soil Survey 1/24/2025 Conservation Service National Cooperative Soil Survey Page 3 of 3 Leon sand, 0 to 2 percent slopes---Franklin County, Florida Franklin County, Florida 22-Leon sand, 0 to 2 percent slopes Map Unit Setting National map unit symbo!: 2rzOs Elevation: 0 to 300 feet Mean annual precipitation: 60 to 69 inches Mean annual air temperature: 63 to 72 degrees F Frost-free period: 252 to 306 days Farmland classification: Not prime farmland Map Unit Composition Leon and similar soils: 80 percent Minor components: 20 percent Estimates are based on observations, descriptions, and transects of the mapunit. Description of Leon Setting Landform: Flatwoods, marine terraces Landform position (three-dimensiona): Tread, talf Down-slope shape: Convex, linear Across-slope shape: Linear Parent material: Sandy marine deposits Typical profile A-Oto 5 inches: sand E-5to 18 inches: sand Bh - 18 to 26 inches: sand E'- 26 to 65 inches: sand B'h - 65 to 80 inches: sand Properties and qualities Slope: 0 to 2 percent Depth to restrictive feature. More than 80 inches Drainage class: Poorly drained Runoff class: High Capacity of the most limiting layer to transmit water (Ksat): Moderately high to high (0.20 to 1.98 in/hr) Depth to water table: About 2 to 18 inches Frequency of flooding: None Frequency of ponding: None Maximum salinity: Nonsaline to very slightly saline (0.0 to 2.0 mmhos/cm) Sodium adsorption ratio, maximum: 4.0 Available water supply, Oto 60 inches: Low (about 5.6 inches) Interpretive groups Land capability classification (irrigated): 4w Land capability classification (nonirrigated): 4w USDA Natural Resources Web Soil Survey 1/24/2025 Conservation Service National Cooperative Soil Survey Page 1 of 3 Map Unit Description: Leon sand, 0 to 2 percent slopes--Franklin County, Florida Hydrologic Soil Group: A/D Ecological site: F152AY320FL - East Central Sandy Flat Forage suitability group: sandy soils on flats of mesic or hydric lowlands (G133AA141FL) Other vegetative classification: sandy soils on flats of mesic or hydric lowlands (G133AA141FL), North Florida Flatwoods (R152AY004FL) Hydric soil rating: No Minor Components Leon, hydric Percent of map unit: 5 percent Landform: Flats on marine terraces Landform position (hree-dmensiona): Tread, talf Down-slope shape: Convex Across-slope shape: Linear Ecological site: F152AY320FL - East Central Sandy Flat Other vegetative classification: sandy soils on flats of mesic or hydric lowlands (G133AA141FL) Hydric soil rating: Yes Pottsburg Percent of map unit: 4 percent Landform: Flats on marine terraces Landform position (hree-dmensiona): Talf Down-slope shape: Convex Across-slope shape: Linear Ecological site: F152AY320FL - East Central Sandy Flat Other vegetative classification: sandy soils on flats of mesic or hydric lowlands (G133AA141FL) Hydric soil rating: No Hurricane Percent of map unit: 4 percent Landform: Flats on marine terraces, rises on marine terraces Landform position (three-dimensiona): Interfluve Down-slope shape: Convex Across-slope shape: Linear Ecological site: F152AY320FL - East Central Sandy Flat Other vegetative classification: Sandy soils on rises and knolls of mesic uplands (G133AA131FL) Hydric soil rating: No Mandarin Percent of map unit: 3 percent Landform: Flats on marine terraces, rises on marine terraces Landform position (three-dimensiona): Talf Down-slope shape: Convex Across-slope shape: Linear Ecological site: F152AY320FL - East Central Sandy Flat Other vegetative classification: Sandy soils on rises and knolls of mesic uplands (G152AA131FL) USDA Natural Resources Web Soil Survey 1/24/2025 Conservation Service National Cooperative Soil Survey Page 2 of 3 Map Unit Description: Leon sand, 0 to 2 percent slopes--Franklin County, Florida Hydric soil rating: No Rutlege Percent of map unit: 2 percent Landform: Depressions on marine terraces Landform position (hree-dimensiona): Dip Down-slope shape: Concave Across-slope shape: Concave Ecological site: F152AY350FL - East Central Sandy Lowland Other vegetative classification: Sandy soils on stream terraces, flood plains, or in depressions (G152AA145FL), North Florida Flatwoods (R152AY004FL) Hydric soil rating: Yes Pickney Percent of map unit: 2 percent Landform: Flats on marine terraces Landform position (hree-dimensiona): Talf Down-slope shape: Concave, linear Across-slope shape: Concave, linear Ecological site: F152AY350FL - East Central Sandy Lowland Other vegetative classification: sandy soils on flats of mesic or hydric lowlands G133AA141FL), North Florida Flatwoods (R152AY004FL) Hydric soil rating: Yes Data Source Information Soil Survey Area: Franklin County, Florida Survey Area Data: Version 21, Aug 21, 2024 USDA Natural Resources Web Soil Survey 1/24/2025 Conservation Service National Cooperative Soil Survey Page 3 of3 Cirent IM drology DEPRESSION Soil Map- -Franklin County, Florida 693240 693250 693260 693270 693280 683290 693300 689310 683320 29° 43'8'N 29° 5 31 22 - SoMap mpaymot be valbd at bhis scalle 290 433'N 693240 693250 683260 683270 693280 683290 393300 693310 693320 Map Scale: PPoAPRAPAIne N 0 5 10 20 30 Meters Feet 25 50 100 150 Mapprojection: Web! Mercator Comero coordinates: WGS84 Edget tics: UTMZone! 16NWGS84 USDA Natural Resources Web Soil Survey 1/24/2025 Conservation Service National Cooperative Soil Survey Page 1 of 3 9 - - l0 1 d0 Soil Map- Franklin County, Florida Map Unit Legend Map Unit Symbol Map Unit Name Acres in AOI Percent of AOI 22 Leon sand, 0 to 2 percent 0.6 37.7% slopes 31 Rutlege fine sand, 0 to 2 1.0 62.3% percent slopes Totals for Area of Interest 1.7 100.0% USDA Natural Resources Web Soil Survey 1/24/2025 Conservation Service National Cooperative Soil Survey Page 3 of3 Surface Water Management, System--Franklin County, Florida 3 683240 683250 693260 603270 683280 693290 693300 683310 693320 29° 43'8'N 29° 43 8'N I 81 22 Sob0 Map may DoG! bevalid at bhis Scale. 7 29° 683240 603250 683260 693270 693280 693290 693300 683310 693320 Map Scale: 617fprntedonApatat(8sx1Ishet. Meters N 0 5 10 20 30 Feet 25 50 100 150 Mapprojection: WebM Mercator Comer coordinates: WGS84 Edgetics: UTMZone 16NWGS84 USDA Natural Resources Web Soil Survey 1/24/2025 Conservation Service National Cooperative Soil Survey Page 1 of 4 1 & 3 3 2 & ( Surface Water Management, System-F Franklin County, Florida Surface Water Management, System Map unit Map unit name Rating Component Rating reasons Acres in AOI Percent of AOI symbol name (percent) (numeric values) 22 Leon sand, 0 to Not limited Leon (80%) 0.6 37.7% 2p percent slopes Leon, hydric (5%) Pottsburg (4%) Hurricane (4%) Mandarin (3%) Pickney (2%) 31 Rutlege fine Somewhat Rutlege (92%) Ponding (0.50) 1.0 62.3% sand, 0 to2 limited percent slopes Pickney (2%) Ponding (0.50) Pamlico (2%) Ponding (0.50) Totals for Area of Interest 1.7 100.0% Rating Acres in AOI Percent of AOI Somewhat limited 1.0 62.3% Not limited 0.6 37.7% Totals for Area of Interest 1.7 100.0% USDA Natural Resources Web Soil Survey 1/24/2025 Conservation Service National Cooperative Soil Survey Page 3 of 4 Surface Water Management, System--Franklin County, Florida Description The ratings for Surface Water Management, System are based on the soil properties that affect the capacity of the soil to convey surface water across the landscape. Factors affecting the system installation and performance are considered. Water conveyances include graded ditches, grassed waterways, terraces, and diversions. The ratings are for soils in their natural condition and do not consider present land use. The properties that affect the surface system pertormance include depth to bedrock, saturated hydraulic conductivity, depth to cemented pan, slope, flooding, ponding, large stone content, sodicity, surface water erosion, and gypsum content. The ratings are both verbal and numerical. Rating class terms indicate the extent to which the soils are limited by all of the soil features that affect the specified use. "Not limited" indicates that the soil has features that are very favorable for the specified use. Good performance and very low maintenance can be expected. "Somewhat limited" indicates that the soil has features that are moderately favorable for the specified use. The limitations can be overcome or minimized by special planning, design, or installation. Fair performance and moderate maintenance can be expected. "Very limited" indicates that the soil has one or more features that are unfavorable for the specified use. The limitations generally cannot be overcome without major soil reclamation, special design, or expensive installation procedures. Numerical ratings indicate the severity of individual limitations. The ratings are shown as decimal fractions ranging from 0.01 to 1.00. They indicate gradations between the point at which a soil feature has the greatest negative impact on the use (1.00) and the point at which the soil feature is not a limitation (0.00). The map unit components listed for each map unit in the accompanying Summary by Map Unit table in Web Soil Survey or the Aggregation Report in Soil Data Viewer are determined by the aggregation method chosen. An aggregated rating class is shown for each map unit. The components listed for each map unit are only those that have the same rating class as that listed for the map unit. The percent composition of each component in a particular map unit is given SO that the user will realize the percentage of each map unit that has the specified rating. A map unit may have other components with different ratings. The ratings for all components, regardless of the map unit aggregated rating, can be viewed by generating the equivalent report from the Soil Reports tab in Web Soil Survey or from the Soil Data Mart site. Onsite investigation may be needed to validate these interpretations and to confirm the identity of the soil on a given site. Rating Options Aggregation Method: Dominant Condition Component Percent Cutoff: None Specified Tie-break Rule: Higher USDA Natural Resources Web Soil Survey 1/24/2025 Conservation Service National Cooperative Soil Survey Page 4 of 4 Restrictive and Protective Covenants of Magnolia Allee, a subdivision in the city of Apalachicola, Florida. PROPERTY SUBJECT TO COVENANTS All property within the defined space listed as Magnolia Allee ARTICLE II COVENANTS IMPOSED Each and every lot in said Addition shall be subject to the following protective and restrictive covenants. The purpose of these covenants is to ensure proper use and appropriate development and improvement of the Addition to protect the owners of property therein against such improper use of surrounding lots as may depreciate the value of the property, to guard against erection thereon of building built of improper or unsuitable materials; to ensure adequate and reasonable development of said property, to encourage the erection of attractive improvements thereon, with appropriate locations thereof, to prevent haphazard and inharmonious improvement and in general to provide adequately for the highest type of quality of improvement in the Addition. These easements, covenants, restrictions and conditions shall run with the real property and shall be binding on all parties having or acquiring any right, title or interest in the described properties or any part thereof, and shall insure to the benefit of each owner thereof. ARTICLE III DEFINITIONS SUBDIVISION The By-laws of the Magnolia Allee Homeowners Association are attached hereto. 1. "Properties" shall mean and refer to that certain real property hereinbefore described. 2. "Lot" shall mean and refer to any plot of land shown upon any recorded subdivision map or plat of the Properties. 3. "Member" shall mean and refer to every person or entity who holds membership in the Association. 4. "Owner" shall mean and refer to the record owner, whether one or more persons or entities, of a fee simple title to any Lot which is a part of the Properties, including contract sellers,but excluding those having such interest merely as security for the performance of an obligation. 5. "Declarant" shall mean and refer to It's A Cluster, LLC, its successors and assigns, if such successors or assigns should acquire more than one undeveloped Lot from the Declarant for the purpose of development. 6. "Developer" shall mean the same as "Declarant." 7. "Single Family Residence" shall mean and refer to those residential structures as constructed upon Lots 1 through 7 and lots 20 through 30 inclusive, of the Subdivision. 8. "Magnolia Allee" shall mean and refer to those single family residential structures as constructed upon Lots 1 through 7 and lots 20 through 30 inclusive, in accordance with the Planned Unit Development provisions, as approved by the City of Apalachicola. 9. Roadways" shall mean paved streets including Magnolia Allee Lane within the subdivision. 10. "Capital expenditures" shall mean the costs associated with making additions, improvements or alterations to existing Association common properties. ARTICLE IV MEMBERSHIP AND VOTING RIGHTS 1. Every person or entity who is a record owner of a fee or undivided fee interest in any lot which is subject by covenants of record to assessment by the Association, including contract purchasers, shall be a member of the Association. The foregoing is not intended to include persons or entities who hold an interest merely as security for the performance of an obligation. 2. Each Owner shall have one membership for each Lot owned. Membership shall be appurtenant to and may not be separated from ownership of any Lot which is subject to assessment by the Association. Ownership of such Lot shall be the sole qualification for membership. 3. Voting membership and the rights thereof and the manner of exercise thereof shall be in accordance with the provisions of the By-Laws of the Homeowner's Association of the subdivision. ARTICLE V PROPERTY RIGHTS 1. Easement of Access for Maintenance. The Association and such persons as may be engaged by the Association for maintenance purposes, shall have the right to enter upon the exteriors of any residence site for the performance of maintenance of the stormwater drainage and retention areas and exterior of the residence site within Article X of these Covenants. 2. ARTICLE VI COVENANT FOR MAINTENANCE ASSESSMENTS 1. Creation of the Lien and Personal Obligation of Assessments. The Declarant, for each Lot owned within the Properties, hereby covenants, and each Owner of any Lot by acceptance of a Deed for a Lot, whether or not it shall be SO expressed in such Deed, is deemed to covenant and agrees to pay to the Association, with respect to each Lot: (1) such assessments as are levied pursuant to an annual budget adopted by the Association on not less than thirty (30) days' notice to the members, which notice shall contain a copy of the proposed budget, and (2) special assessments for capital improvements or replacement, such assessments to be established and collected from time to time as hereinafter provided. The annual and special assessments, together with interest, costs, and reasonable attorney's fees for collection thereof, shall be a charge on the land and shall be a continuing lien upon the property against which each such assessment is made. Each assessment, together with interest, costs, and reasonable attorney's fees for collection thereof shall be the personal obligation of the person or entity who was the Owner of such property at the time the assessment became due. The personal obligation for delinquent assessments shall not pass to the owner's successors in title unless expressly assumed by them. The Declarant shall maintain all Lots owned by Declarant at its sole cost and expense. 2. Assessment Funds. The costs for maintenance of common areas, amenities and Subdivision infrastructure, as well as operating costs of the Homeowners Association will be assessed as follows: a. All lots, except unimproved lots owned by the developer, will be assessed full, pro rata share. Such costs to be assessed include, but are not limited to: i. The maintenance, repair, and replacement of roadways within the development. ii. The Stormwater drainage and retention system. iii. The signage designating the name of the Magnolia Allee development, as erected within the Properties. iv. The cost of operation, maintenance and replacement of the water distribution systems and wastewater drainage system throughout the Subdivision, to each lot. Costs related to water distribution systems and wastewater drainage systems on each lot to support its residence, up to and including the attachment site into the shared water distribution system and wastewater drainage system are the responsibility of that lot owner. V. The cost of management of the Association, including liability insurance for the members of the Board of Directors. b. Further, Magnolia Allee will be assessed for the following additional items: i. The maintenance, mowing, and general care of the lawns, and the trimming and maintenance of trees within 50 feet of the front lot line of each Magnolia Allee. Such tree maintenance shall cease at the end of calendar year 2028. ii. The cost of routine, recurrent resealing of the asphalt driveways of the residences when done concurrently with resealing of the roadways. ii. Special Assessments. Unbudgeted and/or unreserved expenses may arise from time to time and will be handled as Special Assessments, to be allocated and collected based on the circumstances of each event and as determined by the Board of Directors. 3. Date of Commencement of Annual Assessments; Due Dates. The annual assessments provided for herein shall commence as to all Lots on the first day of the month following the sale by Developer of the Lot. Each Lot shall be subject to an assessment in an amount as calculated in accordance with Article VI, Paragraph 2, above. The first annual assessment shall be adjusted according to the number of months remaining in the calendar year. The annual assessment shall be paid in equal monthly installments, and the due dates and delinquency dates shall be uniformly established by the Board of Directors of the Association. The Association shall, upon demand, and for a reasonable charge, furnish a certificate signed by an officer of the Association setting forth whether the assessments on a specified Lot are current or delinquent. Such certificate shall be conclusive evidence of payment of any assessment therein stated to have been paid. 4. Effect of Non-payment of Assessments; Remedies of the Association. All assessments shall have a due date as determined by the Association Board. Any assessment not paid within thirty (30) days after the due date shall bear a flat fee of $25 per month cumulative from the due date, but waived if paid within the 30 day grace period. Such a delinquency of any assessment shall give the Association the right to declare the remainder of the entire annual assessment for that year immediately due and payable. The Association may bring any action at law against the Owner personally obligated to pay the same, or foreclose the lien against the property by an action in equity. In any such action, interest, costs and reasonable attorney's fees shall be added to the amount of the delinquent assessment and collected as part of said judgment. In the event of such a foreclosure, if the Association waives any and all rights to a deficiency judgment against the Owner, the period for redemption shall be reduced as provided by the statutes of the State of Florida. No Owner may waive or otherwise escape liability for the assessments provided for herein by abandonment of his Lot. 5. Subordination of the Lien to Mortgages. The lien of the assessments provided for herein shall be subordinate to the lien of any first mortgage placed upon any Lot. Sale or transfer of any Lot shall not affect the assessment lien. However, the sale or transfer of any Lot pursuant to mortgage foreclosure or any proceeding in lieu thereof, shall extinguish the lien only of such assessments as to payments which became due prior to such sale or transfer, provided that such sale or transfer shall not extinguish the personal obligation of the prior owner or his heirs, successors or assigns, for payment of such assessment. No sale or transfer shall relieve such Lot from liability for any assessments thereafter becoming due or from the lien thereof. 6. Exemption from Assessments. All property conveyed to and accepted by a local public authority shall be exempt from the assessments created herein. However, no land or improvements devoted to dwelling use shall be exempt from said assessments. 7. Alternative Payment of Annual Assessments. Any Owner may elect, in lieu of equal monthly payments, to pay the entire annual assessment in one lump sum, on or before February - of any calendar year. The exercise of this right to make a single annual payment of the annual assessment shall not require said Owner to make payment of subsequent annual assessments in one lump sum. 8. Waiver as To Developer's Obligation to Establish Reserves. Each purchaser of a Lot within the Properties, hereby specifically acknowledges that the Developer has no obligation to, and has not, provided any funds for reserve accounts to replace common elements within the Subdivision. Each purchaser further acknowledges and waives any claim against the Developer or any interim Association board members for any acts or omissions prior to transfer of control of the Association, including the failure to fund the reserve accounts, or any other actions, other than willful and wanton misconduct. 9. Maintenance of Exterior of Residences. It is understood that the Association shall not be responsible for the exterior maintenance of any lot or Residence, except as specified in ArticleVI, Paragraph 2B (Assessment Funds, Lots), above. 10. Administration of Cost of Maintenance of Road: TBD 11. Capital Expenditures. From time to time, it may become advisable or desirable to make an improvement, addition or change in one of the elements of the neighborhood falling within the responsibilities of the Association (for example, upgrading the water system). The Board of Directors shall have the authority to expend Assessment Funds, beyond the limits as specified in Article VI Paragraph 2 A & B, above, for a Capital expenditure project, up to the spending limit approved by the membership. If the cost of the project is such that the regular Assessment Funds are deemed sufficient to cover the proposed Capital Expenditure, then including that Capital Expenditure in the annual budget that is proposed and approved at the annual meeting is sufficient for the approval. Otherwise, the cost of the Capital expenditure project will have to be covered by Special Assessment and both the project and Special Assessment shall require approval of a majority vote of members. ARTICLE VII ARCHITECTURAL CONTROL 1. Scope of Architectural Control. The Board of Directors of the Association shall appoint an Architectural Control Committee composed of one active Board member and two additional owners. New members are to be appointed by the then current board, as needed. Owners desiring to add to, take away from, or otherwise change the outside appearance of their Properties/Homes must submit the plans and specifications showing the nature, kind, shape, height, elevation, materials, color and location of the proposed changes to the Architectural Control Committee for approval prior to commencement of the work. Changes that require approval include, but are not limited to: room additions, patio and deck changes, "hard-scaping" changes, and major landscaping changes. For those projects requiring a county building permit, the plans and drawings associated with applying for the permit will normally suffice to describe the project to the committee. In the event the Architectural Control Committee fails to approve or disapprove such design, color, and location within ninety (90) days after said plans and specifications have been submitted to it, approval will not be required and the requirements of this Article will be deemed to have been met. Should the project be disapproved by a majority vote of the Architectural Control Committee, the requesting Owner may appeal the decision to the Board of Directors of the Association. Likewise, should a majority of the members of the Board of Directors maintain the disapproval, the requesting Owner may seek the approval of a two-thirds majority of Owners via a written ballot. Out buildings that complement the appearance of the residence shall be permitted, with the prior written approval of the Architectural Control Committee. 2. Reasons for Architectural Control. The primary purpose of Architectural Control, properly exercised, is to protect the value of Lots and Residences in the development. This control is not to be viewed as a means for suppressing expressions of individuality. It is expressly acknowledged, however, that the Architectural Control Committee, during the construction of the Magnolia Allee development, shall consist of the members of the Developer, SO that the Developer may maintain control over the construction of all residences within the subdivision and may maintain a uniform, high quality residential evelopmen.Secondany purposes of Architectural Control are: a. To give the Owners essential information regarding the development. b. To offer advice to ensure the best possible solution of the design problem for all concerned. C. To help ensure the Lot Owners that nothing shall be done on any Lot which would impair the attractiveness of any other Lot. ARTICLE VIII SPECIFIC PROVISIONS AND USE RESTRICTIONS 1. Type of Housing Structures. No Single Family Residence inconsistent with the concepts initially promulgated by developer shall be permitted. 2. Storm Doors. All storm doors must be of a full view and painted to coordinate with the color scheme of the structure. 3. Mailboxes. Each resident will have a mailbox selected and positioned by the developer. 4. Gardens, Landscaping Areas, and Preservation of Natural Habitat. Each Lot Owner shall make every effort to preserve as many of the existing viable mature trees as possible, except as the same may interfere with the dwelling area. Additionally, new landscaping added to any Lot within the Subdivision shall be consistent with the look and style of the Magnolia Allee neighborhood. 5. Adoption of Codes. In order to maintain reasonable control of construction for the benefit and safety of the residents, and to fully comply with all legal requirements, all construction shall be done under the requirements of the latest edition of the Building Codes in effect in the city of Apalachicola,Fl. 6. Use Restrictions. a. No trailer, basement, tent, shack, garage, barn or other outbuilding in said Subdivision shall at any time be used as a residence, temporarily or permanently, nor shall any structure of a temporary nature be used as a residence. b. Motorcycles, all-terrain vehicles, trucks, trailers, boats, boat trailers, mobile homes, motor homes, campers, camper trailers, and other motorized vehicles, except family vehicles, shall not be parked or stored on any driveway, Lot or street in said Subdivision. C. (c) Due to the unsightliness and possible annoyance to the other residents of said Subdivision, no extensive work such as dismantling or repairing of automobiles, boats or any machinery or any similar vehicles or machinery in the driveways or streets throughout the Subdivision shall be permitted. d. Firewood may be stored on any Lot only in such a manner which in no way becomes unsightly to the immediate surrounding Lot Owners. e. No signs of any kind shall be displayed to the public's view on any Lot except one professional sign of not more than five square feet, advertising the property for sale or rent, or signs used by the Developer-Owner and any builder to advertise the property during the construction and sales period, and with the further exception of one sign to be maintained by the Association at the entrance to the addition. f. No noxious nor offensive trade or activity shall be carried on any Lot in said Subdivision, nor shall anything be done thereon which may be or become an annoyance or nuisance to the other Lot Owners in said Subdivision. g. The following exterior lights are not permitted within the Subdivision: i. Mercury vapor lights. ii. Insect control lights. h. Rentals of residence: Owners may rent their property with a formal lease agreement for not less than a consecutive 30 day period. Such lease agreements must be approved by a majority of the Board of Directors no less than thirty (30) days prior to the commencement of the lease, and the lease agreement shall clearly state that the Lessee shall be bound by all applicable By-Laws and Covenants of the Association. ARTICLE IX INSURANCE 1. Duties of Association. The Association shall have the duty to purchase, carry and at all times to maintain in force insurance for the interest of the Association, in such amounts and with such endorsements and coverage as shall be hereinafter specified. Such insurance shall include, but need not be limited to: a. A policy or policies insuring the Association, its officers and Board of Directors and employees against any liability to the public, the Owners, contract purchaser in possession, their invitees or tenants, incident to Association Activities. Limits of liability under such policy shall be not less than $100,000/9300,000 for personal injury and $100,000 for property damage in each occurrence. Such policy or policies shall be issued on a comprehensive liability basis to provide cross-liability endorsements wherein the rights of the named insured under the policy shall not be prejudiced as respects the right of action of any insured against any other named insured. b. Fidelity bond for all officers and employees of the Association having control over the receipt or disbursements of funds in such penal sums shall be determined by the Association in accordance with its By-laws. 2. Duties of Owners. Each Owner shall have the duty to purchase, carry and at all times maintain in force insurance covering the Lot and dwelling unit owned by the Owner, the improvements thereon appurtenant thereto against loss or damage by fire and hazards covered by a standard homeowners extended coverage policy in an amount which shall be equal to the maximum insurable replacement value, as determined annually by the insurance carrier. Further, limits for liability under such policy shall be not less than 10000.006300,00.00 for personal injury. The Association shall be named additional insured on all such policies in order to enforce the replacement and reconstruction of any such insured dwelling. Each Owner shall commence and conduct repair and restorations of his dwelling upon damage or destruction by fire or other casualty or intentional mischief as provided in Article X hereof. 3. Failure of Owners to Buy Insurance. Should any Owner fail to pay the premiums for the insurance required under this Article, the Association, at its option, may pay such charges and make a special assessment against the nonpaying Owner for any sums sO expended. Such special assessment may be collected from the Owner in the same manner as provided in Article V for the collection of other assessments. ARTICLE X REPAIR AND RESTORATION 1. General. Notwithstanding that the placing, carrying and maintaining in force of insurance against all loss, damage and destruction is provided for in this Declaration, the Owners shall have the affirmative obligation for repair and restoration as set forth in this Article. 2. Residence Units. Should any residence or any part of such residence, including windows, be damaged or destroyed by fire or other casualty or by intentional mischief, the Owner of the lot upon which the same is situated shall, at his own cost and expense repair and restore the same or cause the same to be repaired and restored substantially in accordance with the original plans. All such repair and restoration work and the plans and specifications therefore shall be approved, done and performed in accordance with all applicable laws, ordinances, regulations and building codes of the City of Apalachicola,Prankin County, Florida, subject to the approval of the Association. 3. Timing and Completion. Planning for the completion of the repair and restoration work referred to shall be commenced within ninety (90) days after the happening of the destruction or damage, time being of the essence, and once commenced the same shall be pursued diligently to completion. If such repair and restoration work is not timely commenced, the Association may, by notice to the responsible party, elect to repair or restore the same or cause the same to be repaired or restored on behalf of and at the cost and expense of the responsible party or parties and in that event all insurance proceeds collected and any additional amount of costs and expenses in excess thereof shall be forthwith paid over to the Association to be used by or to reimburse it for such repair or restoration. Any shortfall of insurance proceeds in relation to the above costs shall be handled as a Special Assessment to the Residence Owner. 4. Approval of Plans. No work provided for in this Article or elsewhere in this Declaration shall be commenced and no structure shall be painted or repainted on the exterior thereof or constructed, altered or repaired until complete plans and specifications for the work, including color schemes, shall have been submitted to and approved by the Association or its Architectural Control Committee and by any governmental body having jurisdiction of such work. ARTICLE XI PETS 1. Limitation of Pets. There shall be no more than two outdoor pets residing on any Lot. This restriction shall be binding upon each Owner of said Lot, his tenants, or contract purchaser residing on such Lot. In addition, no Lot Owner shall keep, maintain or use any portion of the Lot as a dog kennel, dog run, dog pen, or enclosure. No Lot owner shall keep a dog tied outside of the residence on a regular basis. 2. Leash Restrictions. Whenever any house pet is outside the building located upon any Lot, such house pet must be kept either on a leash of sufficient strength to restrain such pet, or within an invisible fence sufficient to prevent its running at large. 3. Exceptions. The restrictions of this Article shall not apply to fish or birds as household pets. ARTICLE XII GENERAL PROVISIONS 1. Enforcement. The Association, or any Owner, shall have the right to enforce by any proceeding at law or in equity all restrictions, conditions, covenants, or reservations now or hereafter imposed by the provisions of this Declaration. The Association shall have the sole right to enforce, by proceedings at law or in equity, the liens and charges now or hereafter imposed by the provisions of this Declaration. Failure by the Association or by any Owner to enforce any covenant to restriction herein contained shall in no event be deemed a waiver of the right to do sO thereafter. The Owner or Owners from time to time of any Lot or Lots and the Association shall have the right to collect from the party or parties violating or threatening to violate these Restrictive Covenants, or any part thereof, either jointly or severally, all damages, costs, expenses and attorney's fees resulting from the violation thereof or incurred in or in connection with said legal proceedings. 2. Severability. Invalidation of any one of these covenants or restrictions by Judgment or Court Order shall in no way affect any other provisions which shall remain in full force and effect. 3. Amendment. The covenants and restrictions of this Declaration shall run with and bind the land, for a term of twenty-one (21) years from the date this Declaration is recorded, after which time they shall be automatically extended for successive periods of ten (10) years each. This Declaration may be amended by an instrument signed by not less than two-thirds (2/3rds) of the Lot Owners. Any amendment must be recorded to be binding.