- - - - C - - 1831 FLORIDE Planning & Zoning Agenda April 14th, 2025 CITY OF APALACHICOLA PLANNING & ZONING BOARD REGULAR MEETING Monday, April 14th, 2025 City Meeting Room = 74 6th Street Agenda Regular Meeting: 6:00 PM 1. Approval of March 10th, 2025 meeting minutes. 2. 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: TBD 3. Review, Discussion and Decision for Mobile Home (R-3)@ 301 23rd Avenue, Block 227 Lot 6. For Lee Spears - Owner; Contractor: TBD 4. Review, Discussion and Decision for Certificate of Appropriateness. New Construction, & Fence (R-1)(Historic District) @ 132 7th Steet, Block 65 Lot 3&4. For Bradley & Sara Heinz Owner; Contractor: Construct Group SE Inc. 5. Review, Discussion and Decision for Certificate of Appropriateness & Fence (R-1) @ 98 12th Street, Block 83-88 Lot 1-10. For ABC School - Owner; Contractor: TBD 6. Review, Discussion and Decision for Parking Plan Approval (C-1)(Historic District) @ 51 Avenue C, Block 1. For Gibson Inn LLC - Owner; Contractor: N/A Other/New Business: The City Commission did not move forward with the parking study on Avenue D. OutstandingUnresolved Issues: Joint Workshop with the City Commission is scheduled for Monday, May 12th at 5PM to discuss SBMP and incentives. Motion to adjourn the meeting. 1 LA C - ) 1831 FLORIDE Minutes March 10th, 2025 CITY OF APALACHICOLA PLANNING & ZONING BOARD REGULAR MEETING Monday, March 10th, / 2025 City Meeting Room - 74 6th Street Minutes Attendance: Jim Bachrach, Elizabeth Milliken, Myrtis Wynn, Greg Golgowski Regular Meeting: 6:00 PM 1. Approval of February 10th, 2025 meeting minutes. a. Motion to approve by Elizabeth Milliken; 2nd by Myrtis Wynn. All in favor = motion carried. 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 a. Motion to approve by Elizabeth Milliken; 2nd by Greg Golgowski. All in favor = motion carried. 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 a. Dennis Winterringer gave public comment = requested special attention for tree permits and a stormwater management plan. Staff noted that a stormwater management plan would be required during permitting by the building permit clerk/building official. b. Motion to approve contingent upon parking in the rear of the property through the alley but allowing for a parallel parking pad in the front as well, as determined in the architectural review as to be more visually appealing than fully parking in the front by Greg Golgowski; 2nd by Myrtis Wynn. All in favor - motion carried. 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 a. Motion to approve by Greg Golgowski; 2nd by Elizabeth Milliken. All in favor = motion carried. 1 CITY OF APALACHICOLA PLANNING & ZONING BOARD REGULAR MEETING Monday, March 10th, 2025 City Meeting Room - 74 6th Street Minutes 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 a. Motion to approve by Greg Golgowski; 2nd by Myrtis Wynn. All in favor - motion carried. 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 a. Motion to approve by Elizabeth Milliken; 2nd by Myrtis Wynn. All in favor = motion carried. 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 a. Motion to approve by Greg Golgowski; 2nd by Elizabeth Milliken. All in favor - motion carried. 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 a. Motion to approve by Greg Golgowski; 2nd by Myrtis Wynn. All in favor = motion carried. 9. Review, Discussion and Decision for Accessory Structure (R-1) @ 54 17th Street, Block 113 Lot 3. For Barbara Matheny. - Owner; Contractor: TBD a. Motion to approve by Elizabeth Milliken; 2nd by Greg Golgowski. All in favor = motion carried. 10.F Review, Discussion and Decision for Parking Plan (C-1)(Historic District) @ 51 Avenue C, Block 1. For Gibson Inn LLC - Owner; Contractor: N/A a. City Attorney gave an overview on the process that the Gibson owners have went through to get to this point. He clarified that they are not seeking mitigation or 2 CITY OF APALACHICOLA PLANNING & ZONING BOARD REGULAR MEETING Monday, March 10th, 2025 City Meeting Room - 74 6th Street Minutes waivers, but are requesting to formally tie in 45 Avenue D to the Gibson property in order to meet their parking requirements set by the LDC. b. Cutler Edwards presented on behalf of the Gibson Inn. C. Public Comment/Discussion: i. Bonnie Davis gave public comment = questioned the use of 45 Avenue D and wanted to confirm that if the use of 45 Avenue D changes that it would be subject to P&Z review in the future. Cutler Edwards responded and confirmed that the point of the binding legal agreement is for this purpose as the use of 45 Avenue D would be limited to event space. ii. Board members discussed event space as it pertains to the City LDC = City Planner stated that the LDC does state that the P&Z Board has the ability to assign parking spaces as needed, but historically the P&Z Board has consistently not assigned parking spaces to event spaces. She referenced the most recent application for a wedding pavilion space and the board's determination that parking was not required for it. iii. Bonnie Davis gave public comment and asked it to be made clear what the intent of the structure on 45 Avenue D is and if the intent is to rent it on a regular basis as a venue. She stated that the pavilion mentioned by staff is owned by the state and not subject to the City review sO it is not applicable to this situation. She asked that the board assign parking spots to the event space use as applicable. iv. Board member Jim Bachrach asked the City Planner if other spaces in town rent out as venues and if the City requires parking City Planner responded that almost every bar in the downtown area rents out for weddings and they are not held to a higher standard for the increased density on event days. She also stated that all City parks rent out for weddings and that the pavilion mentioned previously is a similar situation 3 CITY OF APALACHICOLA PLANNING & ZONING BOARD REGULAR MEETING Monday, March 10th, 1 2025 City Meeting Room - 74 6th Street Minutes as it was treated the same as any other application and faced P&Z and City Commission review before approval. V. Bonnie Davis gave public comment and stated that everything mentioned was built prior to 1991 sO the ability to require parking is somewhat tied to when the structure was put to use. Bonnie Davis stated that if the board does not require parking for the event space then the board needs to define what an event space is and it needs to be made clear that increased density in the future or changing the use of the structure will have to be addressed through a new parking plan. vi. Board member Jim Bachrach asked the City Attorney if this is the intent of the legal document provided to tie in 45 Avenue D? City Attorney confirmed that yes this is the intent of the legal document. If they change the use of the building then they have to come back for a new parking review. vii. Board member Jim Bachrach asked if the event space is removed from the conversation, otherwise does this plan contain all the parking they need to meet the LDC? City Attorney responded yes and that the City has historically not assigned parking for events. He noted that even though the Gibson itself was built prior to 1991 that due to increased density it had to come up to current parking standards. viii. Bonnie Davis asked that the agreement have a default condition specifically laid out in the document. She suggested that these kinds of approvals be recorded as a deed would be sO they run with the property. ix. Board member Jim Bachrach asked if the Gibson sold, would the documents we're discussing and requirements also pass along to the new owner? City attorney stated yes, and that the first document that tied in the Taranto lot' was already filed in this manner and any future documents would also follow this method. He agreed that a provision could be added 4 CITY OF APALACHICOLA PLANNING & ZONING BOARD REGULAR MEETING Monday, March 10th, 2025 City Meeting Room = 74 6th Street Minutes to the document that if the owner wants to repurpose that parking they must seek approval from the City or risk default. X. Cutler Edwards stated that was fine with him as that has been the intent and the goal has been to be transparent all through this process. xi. Board member Jim Bachrach asked staff if the current parking plan meets the LDC? City Attorney stated yes and the structure on 45 Avenue D is listed as an event space and storage on the site plan. xii. Bonnie Davis gave public comment and pointed out that this was an opportunity to reformat and tie in the Taranto lot parking lot as well as 45 Avenue D and keep everything tidy. xiii. City Attorney stated that the first parking lot is already tied in legally, but clarifying and including it in the new documents is not an issue if the board would like to see this. xiv. Citizen asked a question = what happens to the parking plan if the City Commission decides to remove parking spaces on Avenue D after a safety study? City attorney replied and confirmed that any changes to the current streetscape will not affect the parking plan. Citizen also asked if there is a definition of event space currently in the LDC = there is not at this time. d. Board Discussion: i. Jim Bachrach asked if the attorney could incorporate the changes discussed to the legal document (default provision and tying in of both parking lots) after a contingent approval = City Attorney said yes. ii. Elizabeth Milliken spoke on the safety concerns at the corner of Avenue D and questioned the priorities of the parking plan drafted by the applicant's project engineer. She referenced the City Commission's recent decision to hire an engineer to look at the corner of Avenue D in lieu of safety concerns. She stated that before this parking plan is approved, she would 5 CITY OF APALACHICOLA PLANNING & ZONING BOARD REGULAR MEETING Monday, March 10th, 2025 City Meeting Room = 74 6th Street Minutes like to see the parking and safety review on Avenue D and Market Street prioritized. iii. City Planner responsed that the parking plan is being reviewed based on current conditions and while she agreed that there is a safety concern on this corner, the parking plan review cannot be held up based on the decision to have a parking study completed. iv. The City Attorney stated that the current public parking on Avenue D is the City's design and responsibility as it is existing parking. He explained that in the event that the City chooses to remove parking from Avenue D, this action does not affect or remove spots from the Gibson's parking plan submission as this is an existing project and application. V. Jim Bachrach agreed that there may need to be some spots eliminated form the Avenue D ROW, but that it doesn't affect their application as that's 'changing the rules after the game has been played.' vi. Greg Golgowski asked if it is the City's responsibility to maintain passable walkways in the City downtown area = City Attorney responded that the current sidewalk in question does meet compliant width. vii. Myrtis Wynn voiced concern on there being too much wiggle room in terms of changing the legal document = - she would like for him to make the changes and then bring them back to them for approval. viii. City Attorney stated that any potential changes/provisions could be voiced in the motion and would then be added to the legal document = default provisions and Taranto Lot tie in. ix. Greg Golgowski asked if a definition of event space would be included in the legal document - City Attorney stated that while the City should define this in our LDC, since there is not one at this time it will not be included in the legal document. 6 CITY OF APALACHICOLA PLANNING & ZONING BOARD REGULAR MEETING Monday, March 10th, 2025 City Meeting Room - 74 6th Street Minutes X. Pete Whitesell spoke as a citizen and noted the importance of the public seeing the legal document before it is finalized. xi. Cutler Edwards addressed Elizabeth Milliken's comments on the parking plan = he clarified that it is based on survey measurements and takes FDOT parking spot dimensions into account. e. Greg Golgowski made a motion to approve, but including the addition of a default provision and declaration that the additional parking lots will all be combined into one document. f. Elizabeth Milliken made a motion to table item 10 including review, discussion, and decision for a parking plan until we have in writing all the details for the event space and parking, sO we can read them and understand them, and until the City has a traffic engineer evaluation completed with the emphasis of public safety for pedestrians crossing Market Street from Avenue D. i. Point of order = Greg Golgowski withdrew first motion. ii. City Attorney responded to the motion and stated he is against requiring the applicant to do any of the city's job and the City has already voted to order a safety study on Avenue D, but we have to treat this application like every other application. Run the numbers and be careful about adding anything in that seems to treat this applicant differently than others. iii. Jim Bachrach noted that something that happens 2-3 weeks from now can't affect an application that has been made months ago. City Attorney agreed that we cannot take on-street parking away from an applicant during an open application process. City Attorney stated that changing the parking during the application process is a big red flag, legally speaking. iv. Elizabeth Milliken restated the motion as-is = City Planner stated that including the study as part of the consideration in this project is unnecessary, not applicable and against staff and legal advice. V. Elizabth Milliken stated that her motion remains as-is. 7 CITY OF APALACHICOLA PLANNING & ZONING BOARD REGULAR MEETING Monday, March 10th, / 2025 City Meeting Room - 74 6th Street Minutes vi. Motion died due to lack of second. g. Greg Golgowski made a motion to approve the parking plan with the understanding that the contingency of incorporating the changes to the legal document has to happen before the decision is finalized. i. City Attorney restated the motion = Motion to approve subject to the added declaration and adding the specific provision that if the parking and structure on 45 Avenue D is to be repurposed that they must seek the approval of the City and the Taranto lot is added to this declaration. ii. Jim Bachrach seconded the motion. He stated that in the event that the City were to remove all parking on Avenue D tomorrow, it would not affect this application or approval in any way - City Attorney agreed. iii. Call for vote = Greg Golgowski and Jim Bachrach in favor, Elizabth Milliken and Myrtis Wynn opposed. Motion died. h. Applicant representative, Cutler Edwards, asked for the reasoning for opposition and direction on how to move forward. i. Greg Golgowski made a motion to table this issue until next month's meeting with the understanding that the modified agreement can be brought back before the board at that meeting and distributed and made available to the public. i. Myrtis Wynn seconded the motion. All in favor - motion caried. j. Greg Golgowski made a motion to request that the City Commission direct the P&Z Board to workshop the definition of event space. 2nd by Myrtis Wynn. All in favor = motion carried. *5 Minute Recess* 11.F 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 a. Chuck Leonard presented the project. b. City Planner references report and clarifies that while the applicant supplied more documentation than necessary for sketch plat approval, tonight the board is just 8 CITY OF APALACHICOLA PLANNING & ZONING BOARD REGULAR MEETING Monday, March 10th, 2025 City Meeting Room = 74 6th Street Minutes reviewing the sketch plat documentation. She walked through the plat process as listed in the planner report. C. Applicant presented more details regarding the lot coverage as shown in application materials. d. Kathleen Binder & Jim Grater gave public comment = they mentioned that public notice should be routine for a development of this nature as it does impact the neighborhood. She mentioned a fence dispute with another neighbor and the applicant offered to remedy the fence issue at their own expense. Questions were asked in relation to the stormwater best management property = City Planner and P&Z Board confirmed that this will be covered in the Final Plat presentation. e. Greg Golgowski asked if the parking could be moved to the rear of the homes instead of the front yard, just sO 22nd doesn't look like a line of cars at first glance. f. Greg Golgowski made a motion to approve; 2nd by Myrtis Wynn. All in favor - sketch plat approved. Other/New Business: OutstandingunresoNved Issues: City Planner to request permission to workshop stormwater best management practices and incentives from the City Commission at April meeting. P&Z Board requested that City Planner also request to workshop the definition of "event space". Motion to adjourn the meeting by Greg Golgowski; 2nd by Elizabeth Milliken. Meeting adjourned. 9 PALACHI 1831 ELORIDE Certificate of Appropriateness & Accessory Structure 101 6th Street 4/2 yuwy Official Use Only Date Received: Vis/25 Meeting Date: 2/6/25 City of Apdlachicola Planning & Zoning Fees Due: $ 90 Application, for DevelopmentSite Plan. Approval Date Fees Paid: 025 OWNER INFORMATION CONTRACTOR INFORMATION: Geo FLORA Owner David & Lisa Albright Contractor Name DRew Pesesisal,Pé,ckc Address 101 6th. Street State License # 534033 C6C, City) License #. 34-176 City Apalachiçola State FL Zip: 32320 Email DAwa) geofimagrup-com T7Z6 OFFIE : 0501745 Phone 361539-700 - 34--29-7002 Phone mobLG : 357 : 2-1.0 9257 PROJECTTYPE New Construction Fençe Addition X Accessory Structure Alteratioi/Renoyation CalfapefAppiatmes Relocation * - Other Blemweasrengemant Demolition PROPERTY INFORMATION: Street Address (911 Address): 10 61t STREET City & State; Apalachicola, FL Zip: 32320 Parcel ID' #: 01908.06w4a89001B0100 Block: 18 Lot: 10 Zoning District: R-1 [x J Historic, District [ Non-Historic: District FEMA Flood Zone: OFFICIAL, USD ONLY Certificate of Appropriateness Required? Y/ N This development request has been approved for a Setback Requirements of] Property: Certificate of Appropriateness (fapplicable), zoning, Front: Rear: Side: land usé, and development réview by the Cityi of Corner: Lot?, Y /N Street Sides: Apalachicola Planning & Zoning Board and a - Lot Coyerage: building permit is authorized to be issued. STAFF NOTISAECOMMENDATON: Se ata e Ael o€ pacak City Staff wAS 1pC Date Approved NOTE: This is a conçeptual approval through the City based on our Land Devolopment Code (LDC.) Please bo awaré that other documentâtion may. be required by. the Building Official, %Pk RMC Applicnt Initial Describe the proposed project ànd materials. Describe the proposed project in terms of size, affected architectural. elements, materials, and relationship to the existing structure(s). Thel proposed sito work! for the projecti includes the following: demolitfon of oxisting sheda and! hardscaping areas, tenovallon andi replaceimont decking, new gravel palhways, stormwater copturo and Infillration systom, a small covorod struoture, and landscaping! 5 PROJECTSCOPE MANUFACTURER PRODUCT! DESCRIPTION FL PRODUCT APPROVAL# Siding Doors Windows Roofing metal roof to match existing Trim Foundation Shutters Porch/Deck see plans Fencing new fencing to match existing, see plans Driveways/Sidewalks removal of impervious walkways; replace with gravel walkways Other see plans NOTE: Please have a site plar prepared to turn, in with your application. At minimum, the site plan needs to contain: a North arrow, surrounding.sireels lo! lines, lot dimensions, setbacks, curvent : strycture dimensions, proposed structure dimensions, fence locations, andfence heights. Applications réquiring a Certificate of Appropriateness will also need to submit enderlngs/elevatlons ofany proposed struictures. and note the materials proposed. More information may be: requested by Cily 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 ofthe submittal requirements and procedures and have read and understand the following. 1. I/We hereby attest to the fact that the abové supplied property address(es), parçel numbers(s), and legal description(s) is(are) the true and piroper identification of the arèa of this petition. 2. I/We authorizé staff from the City of Apalachiçola to enter onto the property in question during régular businèss hours in order to take photos which will bej 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 101 businéss days to process, I further understand that an inçomplete appliçation submittal may cause! my. application to be deferred to: the: next - 4. I/We posted. understand deadline date. that, for Board review cases, an agenda and staffa report (if applicable) will be available on the City's website approximately one wéek before the.Planning & Zoning Board 5. Meeting; I/We undèrstand that the approyal 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 L Apalachicola Building Department. of work stated in a Certificate. of 6. I/We understand that all changes to the approved scope. Appropriateness or Developmént Order application have to be approved by the P&Z Board béfore work commençes on those changes. Making changés that haye not been approved can résult in a Stop Work Order being placed on the entire project and additional fees/penalties. 7. I/We understand that any décision ofthe P&Z Board may be appealed to the City Commission within 30 days after the decision by the P&Z Board; othèrwise, the decision will be final. 8. I/We understand that a Certificaté ofAppropriateness is only valid for one year after issuançe. They are rénéwable for six months without cause ifrequested, and for an additional six months upon: showing of good çause by the applicant. The applicant must submit all requests for extensions in writing and provide appropriate support documents to City Staff, ifneeded. 9. I/Wé understand that P&Z Board approval is permission to obtain a permit fox work and installation as indicated. I certify that. all work will bej performed. toi meet standards of all laws regulating construction in this jurisdiction. without the 10. I/We understand that there will bé no issuance ofa Certificate ofAppropriateness: to the P&Z property owner obtaining Homeowner's Association approval (ifrequired) prior 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. %amk R. 13 Aw Konen Oobrughl TANVAAA 2025 DATE SIGNATURE OF APPLICANT BUILDING PERMITAPPLICATION CHECKLIST (ALLSTEPS MAY NOT APPLY TO SMALLER, PROJECTS) 1.Approval fromi City Planning & Zoning Board 2. Complete Building Permit Application 3, TWO COMPLETE SETS OF PLANS INCLUDING: 3 Site Plan Final Site Plan (New Construction). 1 Stormwater, Management Plan Signed/Sealed Structural Drawings Elevations Floor Plan. Fire Protection Drawn to Scale :: 4. Contractor Information License Photo ID ofLicense Holder COI: Workers Comp/General. Liability Letter ofAuthorization, 5, Contract Scope ofWork 6, Energy Forms 7, Notice of Commencement (All permits valued at $2,500 or more) 8. Flood Elevation Certificate 9, Fill Permit Application 10. Floodplain Management: Application (NOT ifFlood Zone X) 11. Water/Sewer Impact Feès Receipt (if appliçable) Daio R, ALBRIbT lurry - Lisg Kardin Al bnch hig Koun Cubnygh TAnny 13 2025 Applicant Name/ Signature Date City of Apalachicola Building Department 192 Coach Wagoner Blvd, Apalachicola, FL32320 (850)653-9319 30' ALLEY BACK YARD SETBACK & Fs a SIDEYARD 9 SETBACKS e a V R9 76A 9 : A B # 6TH: STREET EXISTING IMPERVIOUS. AREA CALCULATIONS: TOTAL EXISTING IMPERVIOUS AREA WITHIN PROPERTY LINE: : LOT 101 BLOCK' "18" 3,030.51 SF I 50.5% A. 1STORY FRAME DWELLING, TOTAL EXISTING IMPERVIOUS AREA WITHIN CITY R.O.W.: PORCHES & STAIRS 926.36 SF 2,459.42SF 40.99% WITHIN PL 276.58SF - R.O.W. EXISTING IMPERVIOUS AREA1 TO BE REMOVED: 2,736.44 SF I COMBINED 571.09 SF - 9.52% (AREAS B, C&E E) B. METALSHED- TOTALI IMPERVIOUS AREA TO REMAIN: 211.58S SF 3.53% WITHIN PL 2,459.42 SF I 41% 70.03SF I R.O.W. 281.61 SF I COMBINED TOTALI EXISTING IMPERVIOUS AREA INI R.O.W.1 TO BE REMOVED: (B, C,&D) 649.78 SF C. CONCRETE DRIVEWAY- 26.72SF 10.4% WITHINF PL *REMAINING AREA INE R.O.W. IS PART OF THE MAIN HISTORIC STRUCTURE 90.12SF - R.O.W. (APPROXIMATELY: 276.58 SF) 116.84S SF I COMBINED DECKING AREA TO REMAIN: D. CONCRETES SIDEWALK- 53.111 0.89% (F1) 489.63 SF I R.O.W. DECKING ARE TO BEF REMOVED: E. BRICK PATHWAY- F2+F3: = 156.41 SF 12.6% 332.79 SF I 5.6% EXISTING DECK AREA: Fl. 53.11SF 10.89% F2. 81.09 SF I 1.35% F3. 75.32: SF I 1.26% *ALLI EXISTING DECK TO REMAIN WILLI BE INSPECTED, AND. ADJUSTED (IF NECESSARY) TO ELOVE HAVE A 1/8" GAP BETWEEN BOARDS LAND EXISTING CONDITIONS - IMPERVIOUS COVERAGE CALCULATIONS % 30' ALLEY SARACAP BACK o G3 PROPOSED PERGOLA G2 PROPOSEDI DECKING F1 PROPOSED GRAVEL PATHWAY (4" DEPTH APPX. 1,550 SF) 8 G SIDEYARD € SETBACKS 5 PROPOSEDI FENCE e (TOI MATCH EXISTING, APPX. 64L L.F.) / EBACKIS 1 6TH STREET EXISTING IMPERVIOUS AREA CALCULATIONS: EXISTING DECK AREA: PROPOSED DECK AREA: LOT 101 BLOCK' "18" F1. 54.00S SF I 0.9% Fl. 54.00SF I 0.9% PROPOSED DECKING, AREA: STORY FRAME DWELLING, *ALL PROPOSEDI DECKING TOHAVE A 1/8" GAP GI. 285.39S SF - 4.75% PORCHES & STAIRS BETWEEN BOARDS. ALL EXISTING DECK TO REMAIN G2. 24SF 0.4% A. 2,459.42SF I 40.99% WITHIN PL WILL BE INSPECTED. AND. ADJUSTED (IF NECESSARY) G3. 9SF 0.1% 276.58SF I R.O.W. TOI HAVE. A 1/8" GAP BETWEENE BOARDS 2,736.445 SF I COMBINED TOTALI DECK AREA: 318.39 SF I 5.3% *REMAINING. AREA INF R.O.W. IS PART OF THE MAIN HISTORICS STRUCTURE (APPROXIMATELY: 276.58 SF) *ALLOWABLE! DECK AREA BASED DERIVED FROM PREVIOUS P&Z MEETING HELDONI FEBRUARY TOTH 2025 - 384SF (50% 43.6% 6.4% OF 6,000SF) TOTAL EXISTING IMPERVIOUS AREA TOI REMAIN: 2,736.44 SF 43.6% $ LOVE LAND PROPOSED CONDITIONS IMPERVIOUS COVERAGE CALCULATIONS PALACK y 1831 FLORIDE Mobile Home 301 23rd Avenue Official Use Only Date Received: 3/0/25 City of Apalachicola Planning & Zoning Meeting Date: 4/14/25 Fees Due:s 200. Application for Development/Site Plan Approval Date Fees Paid: OWNER INFORMATION CONTRACTOR INFORMATION Owner LEG SPEArS Contractor Name TBD Address p.0, 332 State License # City License # City APAlAzAzokL Zip323 20 Email Phone S50 - 653-8314 Phone PROJECTTYPE New Construction Fence Addition Accessory Structure Alteration/Renoyation Certificate of Appropriateness Relocation Other Demolition PROPERTY INFORMATION Street. Address (911Address): 301 234 AVe WuL City & State: APAIAZh:Za L Zip: 32320 Parcel ID #: Block: 227 Lot: Zoning District: ] Historic District Non-Historic District FEMA: Flood Zone: OFRICIAL 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: 20 Rear: Side: land use, and development review by the City of Corner Lot? Y( Street Sides: Apalachicola Planning & Zoning Board and a Lot Coverage: building permit is authorized to be issued. STAFF NOTES/RECOMMENDATIONS: wets LRC 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. LS Applicant Initial Describe the proposed project and materials. Describe the proposed project in terms of size, affected architeçtwa/elements, materials, and relationship to the existing structure(s), A08 4ilev +u Lwpty Lot 23 X 6770 PROJECT SCOPE MANUFACTURER PRODUCT DESCRIPTION FLI PRODUCT APPROVAL# Siding Doors Windows Roofing Trim Foundation Shutters Porch/Deck 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, andfence heights. Applications requiring a Certificate of Appropriateness: will also need to submit enderings/elevations ofa any 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 ofi 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 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 of an work and in no way authorizes work that is in violation of any association rules or regulations. 3/10/ - - 2015 lu Aprew DATE SIGNATURE OF APPLICANT B d s E > 8 àg - E 55 : - I 8 & M, 3 e : 5a 5 E a RL a V 5 e - f 8 A F : 2E / I 9s 8 e/ A / à &5 1 BSI - B # d6: a % a I € A 3 - : DAI 8 aV S E & j I 6 E a 8 & B 85 3 - - 3 3 I e 1 * I 2 Ky 8 E B I I 3 a 3 E 9 81 2 8 3 8 5i 1 0 3 8 S 5 A 1 1. 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F a 8E R/W 6 E 8 a 6 9 3 95 5 : (03AVd B 8 C 8 5 M/a 09) 000 : R, L e 8 Eyity le a 1 SANEAY . I a (,p0001 M.Z8 BLI 0s I as3 puzz L 9 E ss : an s U de R/W 12 9 3A0H * 4 Ry a E 1 5 : k i siy # de A * 3 I a 4 & - ** 16 Bali AS5 e de A & - SE E N & 1 I L 5 N 3 E df e a 5 1 W 5 8 3 4S o * 2 f E a 3 C 5 5 85 4 a * e & 11 9 - 3 E && 3 ET a 6 & 3 E e A - - S e 6 - 3 - 9 , a S D: 9 5 E 3 e e S RUE 9 235 33 a 79 e E op A - E E 68 E 02 (zoI ALI,IZ.0OS he -S (0).22914 POiLOS B aE TCAVARYER9 3 1 d s e SANIL BIEE 2: - ABR/W (0.9r9 915 3.SS.EZ.OON or'g R/W EE A Ss5 - a $ * EE de 3 4 # E E e ! * # 2s I E 8 * e E8 888 E A & BIocK 227 PERMIT APPLICATION AND DESIGN REPORT FOR MAY'S MOBILE HOME PARK 36aE, PREPARED FOR: MAY'S MOBILE HOME PARK 189 12th STREET APALACHICOLA, FLORIDA. - 32320 PREPARED BY: JONATHAN MAY 189 12th STREET APALACHICOLA, FLORIDA 32320-0145 NOVEMBER 1992 TABLE OF CONTENTS SECTION PAGE 1.0 INTRODUCTION 1.1. Purpose 1-1 2.0 PERMIT APPLICATION 2.1 Department of HRS 2-1 2.2 Notice to Contractors 2-2 2.3 City of Apalachicola 2-4 3.0 SITE DEVELOPMENT CRITERIA 3.1 Introduction 3-1 3.2 Zoning 3-2 3.4 Applicable Regulations 3-3 3.8 Site Development Schedule 3-8 3.9 Park Site 3-9 3.10 A Typical Lot 3-10 3.11 Cost Estimate 3-11 i SECTION 1 INTRODUCTION Section 1 INTRODUCTION 1.1 PURPOSE This document presents an application with supporting design information required for a permit to expand (construct) May's. Mobile Home Park into Phase II. The Phase II expansion will add six (6). additional lots to the mobile home park as shown on page 3-9. The Park is located in block 227, Greater Apalachicola, according to the Official Map thereof adopted by the City Commission on September 12, 1946. The project location map is shown in Figure 1-1. This document has been prepared under the authority of May's Mobile Home Park for submittal to The City of Apalachicola Building Department, Department of Health and Rehabilitative Services, and The Department of Community Affairs. 1-1 - W * PROJECT LOCATION AN - e 4 : / G ' : 6 6 - - C a 6 9 < JA" - - & CKMTERY - 6 - - f - de - - - 6 a P - a - " & 2 a 1 * & G - e - B - C * - - a - 5 - - - 0 € a a : a a - 6 - a 8 & - & - C & 6 & SA - $ > 4 E 3 - - 6 : - S % A a - - % : x. : & F - a & 1 a & : : a 3 & . a a a - SA o : - - - - C 3 & . : 2 A S 4 8) G a : - 4 * a a : a * A - a 6 - - 2 7 : a / a . / & E C , : : :. : . a : a : a * a - A * I E I a I 0 3 & 36 a : € : % a a G - - a 6 - 0 - : - - : a : - a - - - a S a : :. - - C C : / E 13s. a - - - & - C - - - - % a - a C a a - - % a - - I a - C a a - a - a 0 a , a - C a A A - - & a a - - GT a BLAPAS 0 0 a B i. - ma1! - a C C - : - a A E a l 0 A. 0 a /. - - C 0 3 a E a 8 - - a a - - a 2 - Official Map y the y - Cilys N B APALACHICOIA UESB Florida CE E : 7. L A Adopled the Commission . by, m Cly y L # Grerge ADods Cily Dillen Taranlire IMWele TAC MASIN stru Duna WN.Grakn y Cu : PROJECT LOCATION MAP (FIGURE 1-1): (?) SECTION 2 PERMIT APPLICATION STATE OF FLORIDA DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES FOR HOME PARK PERMIT APPLICATION MOBILE oo APPLICATION FOR RECREAIONALVEHCLE PARK PERMIT Authority: Chapter 513 & 381, FS Chapter 10D-26, FAC 30, 1992 PERMIT NUMBER DATE 'November Services, fora a mobile home park permit or a recreational vehicle park permit. Applicationi is hereby made to the Department of Health and Rehabilltative NAME OF PARK May's. Mobile Home Park Phase II: Greater Apalachicola, Block 227 3rd Avenue : 1 Lots. 12.13,14,15,16,17, LOCATION - Florida OWNER'S NAME & ADDRESS Jonathan May, 189 12th Street, Apalachicola. FL/OWNER MANAGER'S NAME & ADDRESS NUMBER OF SPACES Recreational Vehicle Note: Include only spaces meeting code Mobile Home Spaces specifications at time when Spaces application is completed Phase II BUILDINGS PROVIDING FACILITIES PERMIT IS REQUIRED AS FOLLOWS: Annual Renewal : Total number of buildings with toilets, showers, lavatories and X Capacity. Change: From. 7: To. 13 urinals, Ownership Change: From Toilets Male). (Female) to above (Female) Showers (Male). Park Name Change: From. to above Lavatories (Male) (Female). Urinals (Male). (Female). 13 New Park SEWAGE DISPOSAL WATER SUPPLY Municipal (or other) & Community Public Drinking Water Name of System Gity of Apalachicola 2 Non-Community Public Drinking Water : - Central system serving this park only 3 Other Public Drinking Water Systems (10D-4). Septic tanks Number of Watering Stations Combination central and septic tank system Approval Number Number of sanitary stations Approval Number City Water System of other violations of the Safe Drinking Water Act may cause delayi Notice to Owner/ Manager: Failure to submit compliance samples or denial, of permit. been installedi in accordance with the plans and: specifications approved Iti isl hereby certified that the water supply system and the the sewage system, of have Health and Rehabilitative Services. by the Department of Environmental Regulation and/or Department Chapter : is familiar with and will adhere to the provisions of Chapter 513, Fiorida Statutes. as well as Itls agreed that the undersigned owner or manager "OD-26, Florida Administrative Code. RECOMMENDATION: Approval atton May Disapproval (Signature of Owner, Manaferor AA) (Public Health Unit) (Signature of Health Official) HRS-H Form 4037, Jul85 (Replaces Aug 83 edition which may be used) R-3 Asioiugsagiaas, Location: of Accessory Structures. structures in residential districts:.. In 1.. Location. of accessory structure - shall be located, in residential districts, no accessory structures shall not: cover required front or side yards. Accessory and shall * be at léast 5 more - than. 30* of any required rear yard: lines or feet: from side - . lot - lines and" common "rear. least lot .6: féet from alleys. any Accessory: : structures shall be located at structure. an - the same lot. 2: Review. requirements for- mobile home. parks. site plan requiremehts: - As a special exceptian, 1. Mobile home park this district when the developer mpbile home parks: : are allowed in meets the. following. requirements: . a. Submit a site'review plan. : 1 b. Submit a" storm- water management plan. hooked up to.the City"s central water. and sewer. C.. The park is d. Submit a. copy of park. regulations that require: 1. Underskirting 2. Limit" on accessory. buildings :: density upto mne unit per A: mobile home park may'havea a greater lot width: of. 50. feet,. minimum lot 4,500.. square: feet, : with, minimm depth of.90: feet. providing tnat:. requiréments .are. met. e All'of the. ".. review, : : and Zoning, Commission. is satisfied that because e The Planning of : the park, the increased -density will not of the layout" effect on.the character of the.area. have a negative. : :: a 20 foot landscaped" area - adjacent - to public All parks require attractive and maintained" at all times. :streets which shall' pe be included within *a a., required setback. This required buffer may. : : . :. :. : 3- 3 a 19 OFF. A f ) REC -305PAGE y 173 - A 0 " 3 . RJASF-IP-INCLUDES- LOTSA1-26 13 , I 4:, w15: ot a - iy TIAL I shown, : E 90 OUT - PPBCEL 7 (NOT INCLUPEV) y e "o - 9o d " - F n A & a u / S / 3 i V 3 0 e 6/ % y 18 3 00'08'37"W / $ B 100.00. fo 9 a - € 20" B B TYP. a n N - a a BLOCK de : 227 Z 5 00'08'37'H & 80.00 36"E - S 0' : PPo. -he 5 Aebnys e a a a Ro.C. - : 6 96 S3 ) S 00'06'37"W in, 25 3. 6 C - B0.00 S: F N PuENe A - a a 5 ry - 14 13 L un S a / u N 00"14'40"E 90/00 O N 00'14'40"E 114.89 N00'14'4u 80.00 50.06" 50.00 50.00 50.00 - : L * P. HA SE W - - a u e e e a DE o 0 le B : LANPACIPED purren . PUPFERAT TO PE FV-NTED 86.00 50.00 50.00 50.0u 16. Du :: , 9 op 44916 PHASE Includes. otsis 5 no1 shown E. THENTT - THIRD CITY OF APALACHICOLA 'E J. NICHOLS Mayor Commissioneis: BETTY TAYLOR JAMES L. ELLIOTT City. Clerk JACK FRYE ROSE E. McCOY FRANK G. PAGE FLORIDE ATTENTION PERMITTEE Please provide the following information: Name Jonathan May Datel November 30, 1992 Address 189 12th Street" City : Apalachicola, Florida 32320 Please be àdvised * : that the City of Apalachicola's Building. Inspector has approved your application for the construction of: A Mobile Home Park, Phase II expansion 3 on the following property: Block 227 23rd Avenue Greater Apalachicola ; and has issued Permit No. for. this project. However, before construction begins, you are also advised that the City of Apalachicola is included in a designated Area of-Critical State Concern (Florida Statutes Chapter 380.0555). A result of this . designation is a" forty-five (45) day review - period in which the Florida - Department of Community Affairs (DCA) will review the above referenced building permit application for compliance with all applicable City, County and State ordinances and statutes. Your application has been rendered to the DCA: for this review period. * Notice will be promptly forwarded to you regarding the applications compliance. No work shall commence" on. said project prior to receiving notice from' the DCA. In the event the building permit is inconsistent with local ordinance.or state statute, the DCA may choose to appeal the permit, in, which case you will be notified.. Should-y you have any questions, please do not hesitate to contact this office or the field office of the Department of Community Affairs, located at P.0. Box 213, Apalachicola, Florida.. Phone (904) 653-2171. brathen) Aan PERMITTEE S SICN/IURE FOR OFFICIAL USE ONLY Rendered to the Department of Community Affairs on By: City of Apalachicola. Received by: DCA. Date: Time: 2-:: 3 P.O. Box 10 Apalachicola, FL 32320 653-9319 NOTICE TO CONTRACTORS AND BUILDERS Reference is made to Building Permit Applications made within the City of Apalachicola. All work (construction, building repairs, electrical work, ir-conditioning, etc.) requiring a permit is addressed by the following. Any and all exterior work with a construction cost of $100.00 or more requires a building permit. These steps and specified time frames must be used in order for the Application to be processed. 1. BUILDING. PERMIT APPLICATIONS and all other required forms must be completed and left with the Building Department for a period of at least two (2) days. This is required so that these forms. may be processed by the city Building Inspector and the Department of Community Affairs. If the permit does not meet specifications, applicant will be notified immediately. Applicants will be notified once the processing is finalized. .2. REQUEST FOR INSPECTION. A request for inspection must be received by the Building Department at least 24 hours in advance. Please arrange your schedule accordingly. 3. BEGINNING CONSTRUCTION. Construction work must not begin before the application process is completed. Penalties will be assessed if construction begins before the permit application is approved by the Inspector and DCA. 4. Should the application require approval by the Planning and Zoning Commission, the applicant wil be notified of the problem and the time frame required by the Commission beforé the application will be processed. CITY OF APALACHICOLA BUILDING DEPARTMENT 2-2 CITY OF APALACHICOLA, FLORIDA BUILDENG OR MOBILE HOME PERMIT APPLICATION Permit No. HECK ONE NAME: nf a Jonathian: Mayz Permit Fee owner ADDRESS renter 189 12th Street Date of Approval contractor Apalachicola, Florida 32320 architect Contractor: : Phone No. builder Reg. No. ECTION- ONE: PROPERTY TO BE DEVELOPED Lot :Block Zoned ocation: 23rd Avenue Greater Apalachicola Phase II - 227 R-3 if not Subdivision: Attach deed-y with. legal description Cher description Locate.on Vicinity Map aind Name Streets ' (See reverse of application) ECTION TWO: Type of Improvement, Cons truction and Estimated Cost Wat ter Supply -nf cincipal types of Frame Sewage Disposal Masonry XX City Sewer : XX City Water Well . Nood Frame Septic Tank Individual letter from City Water Structural Steel (Permit No. (Attach Concrete Reinforced Attach letter from, City or HRS Permit). rOtheriORILEHOHE PARK Sewer/Water or HRS, DIMENSIONS TYPE OF DEVELOPMENT -of Stories XX Mobile Home Park Single Family Dwelling dwelling al Sq. Foot New Construction Multi Family Commercial of floor area Addition/AIteration Industrial otal l'and. area Phase II Lot Clearing/Excavation XX Home Park in' sq. feet 27.000 ft2 Electrical Mobile ot Dimensions: Plumbing : 4.500 ft2 MechànicaT (Air Condition or Heating) : istance-. to:next: building: : other(Please Explain i - : OF : FOUNDATION i: :3i : cosT: Please indicate the TYPE: Piers estimated cost of proposed Slab construction Phase II $13,163.00 XX Blocks Value of Structures HE ABOVE INFORMATION IS TRUE AND. CORRECT - w 11-30-92 DATE SIGNPIVRE OF APPLICANT- ECTION THREE: TO BE COMPLETED BY BUILDING INSPECTOR Firm Zone Base Flood Elevation ase Flood Elevation: Panel No. Suffix levation of Lowest Horizontal Support Structure or Building coastal. construction zone çertification of elevation E Construction,is within, floodplain or: and: additional: permit.aplitation: is required. Application Complete, Yes No Yes No : 2. Waterfront Zone: : Historic District Yes No Date E: 2-4 Building Inspector , REQUIREMENTS OF THE STANDARD BUILDING CODE, CITY LAND DEVE- HE-APPLICANT "IS. RESPONSIBLE FOR ALL CINTY AND STATR REGULATIONS. VIOLATIONS OF TII OPMENT CODE, AND FOR ALL OTHER APPLICABLE CITY. SECTION 3 SITE DEVELOPMENT CRITERIA SECTION 3 SITE DEVELOPMENT CRITERIA 3.1 INTRODUCTION The City of Apalachicola Land Development Code, contain minimum standards and criteria for Mobile Home Parks which must be met to receive a construction and operation permit. This section, site Development Criteria, describes the design standards, and criteria, conducted to produce the site development plan for Phase II expansion. The specifics contained herein for the Mobile Home Site either meet or exceed forth in the Land Development Code. the standards set Additional information relating the components to the overall Phase II expansion for the Mobile Home Park design, are herein and in subsequent operation, and standards presented sections. As stated previously, this permit application and for of Phase II of May's Mobile design report are construction Home Park. 3-1 ZONING CITY OF APALACHICOLA MMIE J. NICHOLS Mayor Commissioners: BETTY TAYLOR JAMES L. ELLIOTT Gity Clerk JACK FRYE ROSE E. McCOY FRANK G. PAGE. FLORIDE July 13. 1989 Mrs. Mays Apalachicola, FL 32320 Dear' Mrs. Mays: Theproperty, owned by Mrs.: Mays, Block.227; is currently zoned as R-3"- Resldential'pistrict by the Apalachicola Land Development Code. This. zoning. Mobile Home- Parks as a special excéption; Since this property was used as a Mobile Home Park at the time the current Land Development (Code was adopted, it is . deemed a con.forming use-without" further action. The use of this property- : (Block- 227) as- a. Mobile Home Park. is proper and authorized under- the current- zoning. for the City of Apalachicola; providing you meet the rest of the Code require- ments. (plot plari,. etc.). copy of the Ordinance is enclosed. Most cordially yours, A James A. Stefanko Building Official 3- 2 P. O. Box 10 Apalachicola, FL 32320 653-9319 November 30, 1992 Mr. James A. Stefanko Building Official City of Apalachicola Apalachicola, Florida 32320 Dear Mr. Stefanko: Enclosed you find the review requirements for my proposed Mobile Home Park. Along with the Storm water management plan as required in the applicable regulations. Sincerely yours, bratlan MMayp fonathan May bwner/Operator of May's Trailer Park 3-4 RULES FOR MANAGEMENT AND OPERATION OF MAYS TRAILER PARK LOCATED ON 23RD AVENUE GREATER APALACHICOLA, FLORIDA 1. There shall be no commercial or business activities carried on by an occupant of this Trailer Park from the premises rented or leased to that person for residential occupancy only. This prohibition shall include home building, manufacturing or assembly of products for commercial sale. 2. All city Ordinances shall apply to this trailer park the same as other property within the City and particularly, because of the close assembly of living units and limited space, no household pets or other loud and disturbing natural sounds or disturb the property or personal health of any other resident. 3. No accessory structure shall be located in required front or side yards. Accessory structures shall not cover more than 30% of any required rear yard and shall be at least 5 feet from side lot lines and common rear lot lines or alleys. Accessory structures shall be located at least 6 feet from any structure on the same lot. 4. All Mobile Homes located in this park shall be required to have underskirting surrounding the perimeter of the entire Mobile Home. 5. Rental payments of $75.00 shall be due and owing as of the first day of each month and shall become delinquent as of the 10th day of that month. If payment is made after the 10th there will be a late fee of $10.00 plus the monthly rent. If no payment is made by the 20th, appropriate action shall be instigated for eviction of the delinquent renter together with a landlord's lien on such property as may be available to satisfy the unpaid rental. 6. The residential nature of the property together with the close assembly of residential units on the lots mandates a requirement, thereby, no loud noises or boisterous conduct incident to any gathering or activity which might be contrary to the residential nature of the property or disturb the expected peace and quiet of the area. Particularly, no noise or other outside activity sufficient to disturb any other occupant of the trailer park shall be carried on after 10:00PM or before 7:00AM of the following day. 7. Mobile Home lot size shall be a total of 4,500 square feet per unit. Page 1 3-5 STORM WATER MANAGEMENT PLAN FOR MAY'S TRAILER PARK ditch off There is a large City maintained drainage located of 14th Street adjacent to the Trailer Park in which all stormwater in and around the Park drains into. The park is situated on high and dry ground. : 3-7 3-10 ESTIMATED COST FOR PROPOSED CONSTRUCTION OF PHASE II PROPOSED COST FOR A SINGLE (4,500 ft ) LOT: Water Tap = $300.0.0 Water Line/s" pvc sch 40 @ approx. 70' = $40.00 Sewer Impact Fees = $400:00 Sewer Line/4" pvc sch 40 @ approx. 70' = $125.00 Power Pole & Supplies = $50.00 2 Used Railroad Crosstie for Parking Area = $8.00 TOTAL: $923.00 Total X Phase II = Cost for six Lots 023.00 X 06 = $5,538.00 Installation of manholes: Manhole cost = $3,000 3000 X 02 = $6,000 Heavy Equipment @ 125.00 a day for one day = $125.00 Labor: $1,500.00 SUM TOTAL OF PROPOSED PHASE II: $13,163.00 3-11 SITE DEVELOPMENT SCHEDULE 1993 1992 SP/NANSJNVEIONVD SP/MANTINEJOIID * * * * * * * * * * d PHASE II * * * PERMITTING of the site will occur in stages as The development Phase I, including Lots 5, 6, depicted in this Schedule. Phase II includes 7, 8, 9, 10, and 11 has been completed. Lots 12, 13, 14, 15, 16, 17. 3-8 PALACK A - - - 1831 FLORIDE Certificate of Appropriateness & New Construction 132 7th Street Official Use Only Date Received: 3/31 City of Apalachicola Planning & Zoning Meeting Date: 4714 Fees Due: $275 Application for Development/Site Plan Approval Date Fees Paid: OWNER INFORMATION CONTRACTOR INFORMATION Owner Bradley & Sara Heinz Contractor Name Construct Group SE Inc Address 1870 Lyndale Ave State License # CGC1513032 City License # City Memphis State TN Zip 38107 Email omainucpoupe@perocon Phone 901-218-8836 Phone 850.694.1555 PROJECTTYPE New Construction Fence Addition Accessory Structure Alteration/Renoyation Certificate of Appropriateness: Relocation Other Demolition PROPERTY INFORMATION Street Address (911 Address): 132 7th Street City & State: Apalachicoal Florida' Zip: 32320 Parcel ID #: 01-099-084-8330-0065003001985.08M4-8330-0065-0040 Block: Block 65 Lot: 3&4 Zoning District: [x ] Historic District 1 Non-Historic District FEMA Flood Zone: QFFICIAL USE ONLY Certificate of Appropriateness: Required? Y) N This development request has been approved for a Setback Requirements of Property: Certificate of Appropriateness (ifo applicable), zoning, Front: 15 Rear: 25 Side: 1Sspl land use, and development review by the City of Corner Lot? Y N Street Sides: Apalachicola Planning & Zoning Board and a Lot Coverage: 40l0 building permit is authorized to be issued. STAFF NOTESRECOMMENDATON: 30' hosL, 34'+ auuson - -weks LCISMgRs City Staff -yuds C.A. fevue woevial? Date. Approved fevor Wuicht nuds SWBM Plam J NOTE: This is a concéptual approval through the City based on our Land Development Code (LDC.) Please be aware that other documentation may be required by the Building Official. 4o Appricant 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). the deck on the rear of the house is structurally not attached to the house structure. It is a stand alone structure PROJECT SCOPE MANUFACTURER PRODUCT DESCRIPTION FL: PRODUCT APPROVAL# Siding Doors Windows Roofing Trim Foundation Shutters Porch/Deck 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, surrounding streets, lot lines, lot dimensions, setbacks, current structure dimensions, proposed structure dimensions, fence locations, and fence heights. Applications requiring a Certificate ofA 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 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 ofApalachicola 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 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, 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. 2.7.2025 Lm DATE SIGNATURE OF APPLICANT BUILDING PERMIT APPLICATION CHECKLIST (ALLSTEPS MAY NOT APPLYTO SMALLER PROJECTS) 1.Approval from City Planning & Zoning Board 2. Complete Building Permit Application 3. TWO COMPLETE SETS OF PLANS INCLUDING: Site Plan Final Site Plan (New Construction) = Stormwater Management Plan Signed/Sealed Structural Drawings Elevations Floor Plan Fire Protection Drawn to Scale 4. Contractor Information License Photo ID ofLicense Holder COI: Workers Comp/General Liability Letter of Authorization 5. Contract Scope of Work 6. Energy Forms 7. Notice of Commencement (AIl permits valued at $2,500 or more) 8. Flood Elevation Certificate 9. Fill Permit Application 10. Floodplain Management Application (NOT ifFlood Zone X) 11. Water/Sewer Impact Fees Receipt (if applicable) Glen F. Coxwell 2.7.2025 Applicant Name, Signature Date City of Apalachicola Building Department 192 Coach Wagoner Blvd. Apalachicola, FL32320 (850)653-9319 NVId ELIS VNIO31IHOWV SIDILIHDWV JONBGIS3S ZNIEH + NNOD E s ds 3881 s a 3 9 9 si - a 2 - : -N - a a oy a! o a 8 3 - B 33 B, 2a: Mtovoss 9 Ovkrgs 3NN AMB4OHd : M.ZIP s MOVB13S Li - V E - 6 - - % 3 e B - S Da 8 $ - E 1 $ - 1 N i N & I & - - - 3 1 - S a MOVBI3S - a Oucoog N H3doud S.MAGIN € - & a 3 2 S 8 3 - 3 & alosoor loo E (a3AVd-MB. 06) 3 H IANHAV EEEA - NVId HOOTH ISHIE a3SOdOud S1DLIHDWV 3ON3GIS38: ZNIEH + NNOD E bebo0e @ D 3 22 I 129 2 215-41 * Zin-42 *A P OF 6 - L 0 @ a @ 3 - 9 d0 1 6 8 - - G : 3 a 0 N 3 : 3 3 1 N a 0 6 6 à 0 * E 3 @ à - S-41 e 555 E C9 0 Ls 01 E € 8 E D 10-8. 6-A 21-a1 ZA-EE 214-s 1 21111 2 "E ESESNE NVId JOOS S1DLIHDWV 6 3ON3GIS38 ZNIEH + NNOD 5 8 e 4 5 8 S I : I E 8 : B 2 1 8 I a a - e 5 à $ a a 3 E a 1 2 B d& 1 a - € I - E f A 5 4 9? < - - - a A - E - SNOIIVA3T3 HINOS 81 HLJON S.1DILIHDWV BONEGISIS: ZNIEH + NNOD - - "L L L " - E SE SNOLIVASTE ISIM 8 ISV3 SIDELIHDWV BONBGIS38 ZNIEH + NNOD - E m L 3 N - - NVId 30OT GNODIS a3SOdOud SIDLIHDWV V 3ON3GIS38 ZNIEH + NNOD roA 3 I 8 : I -a MERAPEPBEASRESNA SNOILVA3T3 OIONIS SIDEIHDWV DaIs38 ZNI3H + NNOD a e & EFE EER a 5 0 - E € - 2 8 e - I " - 3 ) N 9 a S E EREEEEERENATE - PALACKT - 1831 ELORIDE Certificate of Appropriateness & Fence 98 12th Street (ABC School) Official Use Only Date Received: 325/25 City of Apalachicola Planning & Zoning Meeting Date: 4/14/25 Fees Due: Application for Development/Site Plan Approval Date Fees Paid: OWNER INFORMATION CONTRACTOR INFORMATION Owner Apalachicola Bay Charter School Contractor Name IBD Address 98 12th Street State License # City License # City. Apalachicola State FL Zip 32320 Email Phone 850-666-3474 Phone PROJECT TYPE New Construction Fence Addition Accèssory Structure Alleration/Renovation Certificate of Appropriateness Relocation Other Demolition PROPERTY INFORMATION Street Address (911 Address): 98 12th Street City & State: Apalachicola, Florida Zip: 32320 Parcel ID #: 91.095-084-8330-00820019,01.985.094-8390.0083-0040 FRSOENAESPOOTOTOA VP0ASONFE3CABEUOTA Block: 83, 84,87, 88 Lot: 1 TRHU 10 Zoning District: R-1 L X J Historic District - L Non-Historic District FEMA Flood Zone: X OFFICIAL USE ONLY Certificate of Appropriateness Required? YN This development request has been approved, for d Setback Requirements of Property: Certificate ofAppropriateness (ifapplicable), zoning, Front: Rear: Side: land use, and development review by the City of Corner Lot? Y /N Street Sides: Apalachicola Plaming & Zoning Board and a Lot Coverage: building permit is authorized to be issued. STAFF NOTES/RECOMMENDATIONS: -does vot Mwet LDC push D vorianne 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 Oflicial. 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). The-project-cOnsi-demolremoving-otewitgting-perimeterand-nteriorgalvanized-steet chain-link. fence,posts/top.tals.lension.wire.gates.and footers, and.haulaway. Installation of temporary security fencing to ensure kids and staff safety. Installation of approximately 3,033 linear feet of nine (9) gauge wire commercial grade galvanized steel chain-link fence fabric with mesh size 2-in opening. Exterior fence 229marrigolernon andinterior fence 7601 linearftfour (4) feet highwihschedwie-eépipeteminetpests-gate-posts, conereteoter-15/8"45/8-top-rels,tension wire, security.ties. PROJECT SCOPE MANUFACTURER PRODUCT DESCRIPTION FL PRODUCT APPROVAL # Siding Doors Windows Roofing Trim Foundation Shutters Porch/Deck Fencing Driveways/Sidewalks Other NOTE: Please have a sile plan prepared lo turn in with, your application. AL 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 he 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 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 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 plaçed 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 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 ofAppropriateness is only valid for onc 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 submil 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 ofAppropriateness 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. 3/25/25 Ompabilh Mvni DATE SIGNATURE OF APPLICANT BUILDING PERMIT APPLICATION CHECKLIST (ALLSTEPS MAY NOT APPLY TO SMALLER PROJECTS) 1.Approval from City Planning & Zoning Board 2. Complete Building Permit Application 3. TWO COMPLETE SETS OF PLANS INCLUDING: Site Plan Final Site Plan (New Construction) - Stormwater Management Plan Signed/Scaled Structural Drawings Elevations Floor Plan Fire Protection Drawn to Scale 4. Contractor Information License Photo ID ofLicense Holder COI: Workers Comp/General Liability Letter of Authorization 5. Contract Scope of Work 6. Energy Forms 7. Notice of Commencement (All permits valued at $2,500 or more) 8. Flood Elevation Certificate 9. Fill Permit Application 10. Floodplain Management Application (NOT if Flood Zone X) 11. Water/Sewer Impact Fees Receipt (if applicable) Paalh Kiym, DED Bonipl 3laslas JApplicant Name, Signature Date City of Apalachicola Building Department 192 Coach Wagoner Blyd.Apalachicola, FL32320 (850)653-9319 The project consists of the demo/removing existing perimeter and interior galvanized steel chain-link fence, posts/topr rails, tension wire, gates and footers, and haul away. Install temporary security fencing to ensurek kids andstaffsafety, furnish of labor and materials to install approximately 3,033 linear feetof nine (9) gauge wire commercial grade galvanized steel chain link fence fabric with mesh size 2-in opening. 2,273 lineari feet of 6feet high commercial grade galvanized steel chain link fence fabric with mesh size 2-in opening and 760 linear feet of 41 feet high commercial grade galvanized steel chain link fence fabric with mesh size 2-in opening with Schedule 40 pipe terminal posts, gate posts, concrete footer, 15/8" toprails, tension wire, commercial grade galvanized steel chain link fence fabric with mesh size 2-in opening gates, securityties, all material and hardware needed to complete the installation from start to finish 3I3NOY - 6 € 3 E 3 a I 2 E - 9 E I - a 3 3 a I E I - E 5 de I & A C E &, : Oy I & E e , : & 3 1 A d A I 8 / I 4 ANNN * ob $ 6 5 € . a S 9 S NENSS b 3 3 4 XXXNS aN # d A A / a # A , 44 n 6 a 1 I I 1 € : L E I I i I I ! I N - E I . a I - I - ! a 7 - de - V 3 - dE I 15 A 2 BeAV aAV Ave E - 17 V a - OOAV AveG Ave G PALACA - / 1831 ELORIDE 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.) THIS INSTRUMENT RETURN TO: Daniel W. Hartman, Esq. 192 Coach Wagoner Blvd Apalachicola, FL: 32320 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 entered into 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 partoftheLot' 7, ofBlock 2 and. Lots 1 and: 2 ofBlock 10i in the City of Apalachicola, Parcel ID No.(s) 01-093-08W-8330-0002-0070, 010.08W.830.000.000 and 01-09S-08W-8330- 0010-0010, County of Franklin, State of Florida, more particularly described in Exhibit A attached hereto and incorporated by reference, and intends to restrict the use of the parking located on and adjacent to the Property for thel benefit ofa separate parcel of Property owned by Gibson Inn, LLCI located at 51 AveCwith a Parcel ID No. 01-098-08W-8330-0001-0010 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 showni in Exhibits A and B, desires to utilize the parking associated with the Property commonly known as 45 Ave D and the Taranto Lot(s) (Exhibit A) fort 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 thej purposes ofthis Declaration, the following terms shall have the following meanings: a. "Parking Spaces"s shall: mean the seventeen (17) parking spaces currently located on 45 Ave D and thei nine (9) on street parking spacesattributed to this address and the thirteen (13) space parking lot created on the Taranto Lot(s) all located on the 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 theproperty described in Exhibit A of any onsite or street parking required for any use associated with improvements on the Property. (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: in this Declaration shall: run with thel land in perpetuity. Itis the intent of Declarant to this instrument to subject its fee simple interest currently held by the Gibson Inn, LLC in the property described in Exhibit. A to this Declaration. Any easement interests shall remain separate and distinct interests attributableto the applicable Property as provided hereunder which shall continue in full force and effect. 10. Changes/Alteration of On Site Parking (45 Ave D and Taranto). The Gibson shallhave the right to from time to time reconfigure the driveways and parking areas on the 45 Ave D and Taranto property as long as such changes will in no way change or alter the total amount of on-site Parking spaces. The Gibson may release all or a portion ofthe property described in Exhibit A from the terms oft this Declaration if the parties mutually agree upon replacement parking areas sufficient to satisfy the City parking requirements. Similarly the Gibson may apply for a change in the use of the structure located at 45 Ave D from Special Event to another use provided that parking sufficient to meet the parking requirements then in effect are met. Any change of use or loss of onsite parking without appropriate City approval will be a violation of this Declaration. 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 referred 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 thei 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," I or any other person acting under their direction or contract with them, or other third parties. 12. Default. In the event ofa default by the Declarant with respect to any obligations under this Declaration, the City shall provide written notice thereof to the Declarant and the Declarant shall cure: such default within thirty (30) days ofreceipt ofwrittenn 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 cure ofthe 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 permissiblei from time to time under applicable law, all from the date of the expenditure to the date of payment in full. 13. Amendment. Except as otherwise expressly provided in thei following sentence, this Declaration may not be modified or amended, in whole or in part, except by the written consent ofthe. Declarant and City as evidenced by 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 or provision herein contained shalll 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, the remainder ofthis 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. Governing Law. Thei terms 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 ofthe Property byt 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 terms ofthis 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 by providing 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 written 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 thej provisions hereof are valid, binding obligations and are enforceable: 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 provided herein, 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 : ACKNOWIEDGEMENT COUNTY OF FRANKLIN: I, the undersigned notary public, do hereby certify that Steven Etchen, Manager of Gibson Inn, LLC, al Florida limited liability company, personally and 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 Florida My Commission Expires: EXHIBIT A 45 AVENUE D 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 ofA Apalachicola, in the County of Franklin, in the State of Florida according to the Map or Plat of said City in general use; all of said 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, said 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 said right-of-way boundary 10.00 feet, thence leaving said right-of-way boundary run North 48 degrees 54 minutes 40 seconds West 82.00 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 54 minutes 40 seconds East along the Northeasterly boundary ofLots 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 & Associates, 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' "2" of the City of Apalachicola as recorded in Official Record Book' "M", Page 437 of the Official Records of Franklin County, Florida, said point also lying on the intersection oft the Northerly right of way of Avenue "D" and the Northeasterly right of way of Fourth Street and also said point being the point of beginning; thence leaving said point of beginning run along said Northerly right of way Avenue D, North 40 degrees 41 minutes 17 seconds East 105.211 feet to a pointi lying on the Southwesterly boundary of lands as described in Official Record Book 944, Page 170 of the Official Records of Franklin County, Florida; thence leaving said Northerly right ofv way of Avenue D 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 8a and 9 Block' "2" of the City of Apalachicola; thence run along said Northeasterly boundary line of lots 8 and 9, run North 48 degrees 54 minutes 18 seconds west 97.131 feet to a re-bar marking the Northeast corner of Lot 8 Block' "2" oft 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 said Northeasterly right of 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 Official 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 Official Record Book' "M", Page 437 of the Official Records of Franklin County, Florida, said point also lying on the intersection of the Northerly right of way of Avenue "D"a 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" oft 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 15.00 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 capl 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 Official 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"a and the Northeasterly right of way, line of Fourth street, said 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 said Northerly right of way line of Avenue D, run North 49 degrees 01 minutes 08 seconds West 82.121 feet, thence run North 41 degrees 03 minutes 09 seconds East 10.041 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 said 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. TARANTO LOTS 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. EXHIBIT B The land referred to herein below is situated in the County of Franklin, State of Florida, and is described as follows: PARCEL1 ALLI 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 CITY 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 A WHOLE AS FOLLOWS: BEGIN AT AN IRON ROD AND CAP (MARKED #7160) MARKING THE MOST WESTERLY SOUTHWEST CORNER OF THE SOUTHEASTERLY HALF OF LOT 3, BLOCK "1", OF THE CITY OF APALACHICOLA, FLORIDAAS 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 FEETTO 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 -27 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 FEET TO 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 40 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 SIDEWALK AND 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. A DISTANCE OF 6.19 FEET TO AN IRON PIPE ON Al 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 A DISTANCE OF 195.32 FEET TO AI POINT ON THE SOUTHEASTERLYI BOUNDARY LINE OF SAID BLOCK "1" THEN SOUTH 41 DEGREES 19 MINUTES 22 SECONDS WEST ALONG SAID BOUNDARY LINE THROUGH AN IRON PIPE Al DISTANCE OF 77.58 FEET TO A POINT ON THE SOUTHWESTERLY BOUNDARY LINE OF SAID BLOCK "1", THEN NORTH 48 DEGREES 40 MINUTES 33 SECONDS WEST ALONG SAID BOUNDARY LINE AI 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 CITYI IN MOST GENERAL USE. 3 Co 4 o 12 A O C & co CO 2 / o - 9 cO 00 a 0 8 3 a 5 8 9 8 a 3 D / 1 FITP > - ! d I A E 0 9 I 9 € E a 20000 - 1 / . 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E a a 5 S a I - $ 3 4443 - 6 - 3 . 1 X9 6 e 5 a 9 3 € 8 38 de - à I 8 g I € B I I I 8 9 00 8 a 2 # I 4 E A A 31 3 a - I a - - à (izyoNdo- -MSWb TIAE 9 * A 3 A 4Ee a Gua a 1 E E a 3 2 - RA J 8 e AhNNNS B 212 2 - 2 3 i 5 1 a e 104 37 1 s ras e a1 GSBE 9133"Es : 31173 sIV s E u ES. si : OZEZE 3NN3AVHIV 74 VIO0IHOVIVdV 107 SNIXBVd MO74H3AD NNI NOSBIS EEZE Zz e dV 4 a Hinos oinni 9 P 1 Juli E 0 39s I NVId 3.1IS lon 1 oiva TwO - 10 011.01530 S S ENOISIATU D 08 L-EZaaNnN 103roua 3 3 - E 9 I a A 4 6 - - 4444 - I E 5 a le 8 6 I 5 I 8 E - I E 3 - a E 3 - s 3 9 - I à a I a a a a I E I a I a a I B 09 BE E e E I - N : E a 39 a I e 9 de I a a I u3u SANTAP 3 a5 S E 8 2 6 8 9 : o E ) 6 A . @ 8 0 : e 5 L - 39 43 3 à 9 i3 - o EI Outlook Fw: Parking problems and solutions From Adriane Elliott aeliott@cityofapalachicola.com> Date Wed 3/5/2025 10:17 AM To Bree Robinson brobinson@dilyofapalachicola.com> From: P White pwhlte152egmal.om, Sent: Monday, March 3, 2025 3:02:24 PM To: Brenda Ash dmectphpisahcaom, Despina George <dgeorge@ctyofapalachicola.com); Adriane Elliott <aellott@cttyofapalachicola.com>; Anita Grove agrove@dityofapalachicola.com>; Donna Duncan dduncan@cityofapalachicola.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/Ausinudheduememdnitatag.améidhasdanstlanetamépating.rtom: pioneer Best, Pete Whitesell Apalachicola Outlook Fw: Comments to City Commission Meeting 03-04-25 From Adriane Elliott lsitedyolpasalcaon Date Wed 3/5/2025 10:18 AM To Bree Robinson <brobinson@cdiyofapalachicola.com> From: Susan Keith unethepiepmiltcom Sent: Monday, March 3, 2025 4:32:33 PM To: Despina George cdgeore@dlyolapalachicola.com>,Anitia Grove <agrove@cityofapalachicola.com); Brenda Ash bash@cityofapalachicola.com>; Donna Duncan dduncan@rdlyofapalachicola.com>; Adriane Elliott <aellott@cityofapalachicola.com); Sheneidra Cummings scummings@ctyofapalachicola.com> Subject: Comments to City Commission Meeting 03-04-25 Some people who received this message don't often get email from uankelhlegaleymalcom Learn why thisi isi important Dear Commissioners, Unfortunately, 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 Item 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 ifi 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 & PI Lot) has not been approved.. Taranto Lot: 1) The Code requires that "ljn 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.' 33 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. 45Avenue D Property_(A& PI Lot): 1) The site plan notes inaccurately states that No Handicapped Parking is shown." 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 & PI lot to be used as an "event space. 31 Iti is 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." * 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 bomletediwisegmalcom, Date Mon 3/3/2025 4:00 PM To Brenda Ash hanedyohpilachioacom, Despina George dgeorge@dityofapalachicola.com>; Anita Grove syowedyotpikdkalom, Donna Duncan dduncan@cilyofapalachicola.com>; Adriane Elliott elbuedyplp.iakcasom Cc Dan Hartman danellegaleam.com: Bree Robinson brobinson@dlyofapalachicolacom> Some people who received this message don't often get email from bomnletedavis@gmal.om. Learn why thisi 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. Iti 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 A8Plgym/restauranttin 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. I I 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 dinng.ahnangassodlaled 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 (1)(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