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FLD2008-02002 - 1590 Gulf Blvd - Letters P.O. Box 3014 · Clearwater, Florida 33767 August 5, 2008 ORIGINAL RECEIVED Mr. as C. Fritsch, Chairman Community Development Board 112 S. Osceola Avenue Clearwater, FL 33756 AUG 04 2008 PLANNING DEPARTMENT CIlY OF CLEARWATER Re: Legg Mason's Application FLD2008-02002 (1590 Gulf Blvd.) Dear Mr. Fritsch: The Board of Directors of the Sand Key Civic Association (SKCA), recogmzmg and supporting the concerns of an overwhelming majority of its constituency, has unanimously voted to oppose the overreaching and damaging variances requested in the above application. To clarify, the SKCA is opposed to all of the variances requested by the applicant in its proposal to redevelop the 1590 Gulf Boulevard site for a beach hotel and restaurants. It is not opposed to any redevelopment of the Belleview Biltmore hotel located in Belleair. We submit that an objective analysis of the details of this application, when evaluated on behalf of the best interests of the residents, owners and taxpayers on Sand Key, versus the financial self-interests of a single developer, leaves no room for doubt that this application must be denied in its entirety. Simply put, this is all about money. Legg Mason does not manage hotel/resort properties. It is an investor! And Legg Mason has already begun its search to sell its tremendous investment anticipating their requested variances will be approved. We further submit this is patently wrong and we trust you will agree that economic viability must never be a consideration in granting variances to community zoning and building codes. Parkin!! is a prime example of how the granting of exceptions will create future problems for our residents. At least twenty and likely as many as twenty-five employees will be needed to operate the proposed hotel and restaurants. Legg Mason has stated that all the employees of the new beach hotel and restaurants will be bused to work each day from another parking location 5 miles away in the City of Belleair. Therefore, the applicant has excluded the employees from their calculations in order to avoid the requirement of having to conduct a parking/traffic study. In reality the "future owners/managers" will not be obligated to bus employees from some far away, inconvenient location each day and the personal needs of employees will cause them to avoid the bus rule. In addition, the applicant has advised the Planning Department that the claimed 125 seat restaurant is an "accessory to the main hoter' and is therefore exempt from the required V2 parking space per planned seat. Let's be serious and practical for a moment. Since the proposed restaurants will be open to the public, the inevitable result will be a tremendous parking shortage. The current restaurants have 48 parking spaces. The already proven result is stacked parking on weekends; and employees being forced to park off site. The proposal would add 38 hotel rooms to the 125 seat restaurant, while adding only 8 more parking spaces! Do the math. This makes no sense and will be a detriment to everyone except the profit-making bottom line of the applicant. Legg Mason has also requested a heiJ!ht variance from 25 feet to 67 feet, but that is only to the center of the top floor, not to the roof top. Based on the drawings, that means the proposed building will be over 90 feet from ground level to the top of the roof. Will this applicant actually come before you with a straight face and ask for an almost four-fold increase in height? We would find that almost impossible to believe were it not for the fact that this is all about money. So, is it any wonder we believe it would be unconscionable to grant a 360% height variance? The planned cabana structures on the public beach will almost certainly result in other condominium associations requesting their own cabanas on the public beach. What are you going to do when that happens, especially since you will be faced with legal concerns about selective enforcement? We hope you see this is a slippery slope that is not in the best interests of the City of Clearwater, much less the residents of Sand Key. We anticipate you may be reminded that, at one time, the Cabana Club had cabanas on the beach. When that is brought to your attention, please remember the problems that resulted from the transients who occupied the cabanas overnight, and the unusual security problems this created for the Clearwater police, to say nothing of the fear and concern it caused for nearby owners. And to the claim that Legg Mason will employ a security guard, let's not forget that it will not be operating the proposed hotel in the future. The Legg Mason request is nothing other than an attempt to seize 25 feet of our public beach in the middle of an established sea oats area and a proven nesting area for sea turtles. While we recognize the State of Florida is the deciding authority for such matters, we certainly hope you will not condone this blatant attempt to jeopardize our ecology and local habitat! The overwhelming majority of the residents, owners and taxpayers do not want you to grant what are clearly overreaching variances at the mercenary "whim" of a developer. Legg Mason is asking you to permit them to overbuild to such a degree that our residential neighborhood will be adversely impacted and its economic gains will result in a loss to our constituency. The applicant's goals and objectives can be accomplished with a beach club, restaurant, casitas, or a smaller beautiful hotel, none of which would require variances. If you do allow such extreme variances at 1590 Gulf Boulevard, what will you do when similar variances are requested for other planned developments on Sand Key (such as the "Shoppes" after the pending zoning questions are finally resolved)? How will you then justify your decision? We respectfully request that you deny each and every variance requested. LeJ!J! Mason has taken a site plan the size of a postaJ!e stamp and seltishlv wants to build an envelope on it! On behalf of the SKCA, we thank you and the CDB Board for your personal time in studying the issues and we appreciate your efforts and commitment to keeping Clearwater and Sand Key beautiful places to live. ~~~ Herbert W. McLachlan President cc: Wayne Wells, Planner for the CDB CDB Board Members Page 1 of 1 e e Wells, Wayne From: Watkins, Sherry Sent: Monday, August 04,200812:58 PM To: Wells, Wayne Subject: FW: Cabana Club Site -----Original Message----- From: JudyandFrank Burke [mailto:jcbfmb1591@earthlink.net] Sent: Monday, August 04,200812:10 PM To: Hibbard, Frank; Cretekos, George; Petersen, Carlen; Doran, John; Gibson, Paul Cc: Watkins, Sherry Subject: Cabana Club Site To Whom It May Concern, I am writing to you about my concerns in regard to Legg Mason's proposal to build a hotel on the Cabana Club site. The File is #: FLD2008-02002, 1590 Gulf Blvd. The hotel/restaurant will greatly exceed the height that the code allows by approximately 75 feet. Obviously it would drastically reduce the vertical visibility of those of us who reside in the area. This in turn would have a negative financial impact on the surrounding properties which are our residences. What Legg Mason proposes should be built on a lot that is at least 200 feet and yet they have only 88 feet to work with thus the request for so many variances. Not only the height variance but set back variances, the reduction of parking spaces required for such an undertaking and the audacity to ask for 25 feet of public beach for the hotel's personal use. There are codes in place for a reason and they seem to be asking for all of them to be thrown out the window so they can get their way and build whatever they want. I support their right to redevelop this site but it seems only logical and correct to do so without deviations from the codes that presently exist. I urge every member of the board to think what it would be like to have a hotel plopped down in the middle of your very nice residential area and vote against these code variations that are being requested by Legg Mason. Thank you, Judy Burke 1591 Gulf Blvd. JudyandFrank Burke jcbfmb1591@earthlink.net EarthLink Revolves Around You. 8/4/2008 Barbara I. Ferree 1015 Waterloo Way, The Villages, FL 32162 Phone 352-430-1671 Cell 727-243-7220 email: barbgolf@aol.com JULY 1-AUG.31: 1477 E. Mich. Ave., Battle Creek, MI 49014 . . Aug. 1,2008 Wayne Wells Planning Dept. P.O. Box 4748 Clearwater, FL 33758-4748 Dear Mr. Wells, Re: File #FLD2008-02002 Following is a copy of the emaill sent yesterday to the mayor and city commissioners. I would appreciate your taking the time to read it and understand my feelings. I lived at 1591 Gulf Blvd. on Sand Key for 23 years and I still own two condos there. I feel very deeply about this subject. We fought a similar battle about 8 years ago and won. I certainly hope we win this one! Re: File #FLD2008-02002 I can't believe all the deviations that you are considering allowing Legg Mason to have to build a hotel/restaurant at 1590 Gulf Blvd: 1. They want to build 25' higher than code. WRONG' 2. They want to take 25' of PUBLIC beach for their hotel's use. Beach that has been restored with RESIDENT'S tax money for PUBLIC USE. WRONG' 3. Code calls for a lot width of 200' for a building their size and they only have 88 feet! WRONG! 4. They have not planned for adequate parking, so cars will be touring the neighborhood looking for places to park--maybe in our parking lots or in the Sand Key Park. WRONG! 5. They're talking about running a ferry up and down the canal across the street every 1/2 hour! Think of the effect on the residents facing the canal and the wear and tear on their docks. WRONG! Have you seen the beautiful picture of the dolphins in the canal that was taken in June by several Sand Key residents?? That won't happen again with a stupid ferry churning up the water all the time! WRONG I 6. You may be looking at increased taxes on the property, but have you considered how much LESS taxes you will be getting from the surrounding condos as our values plummet! THIS IS NOT RIGHT! I AM SORRY THAT I WILL BE OUT OF TOWN AND UNABLE TO ATTEND THE AUGUST 19th MEETING. Yours truly, 8~ ~.?~ i----- !"'H. I ';""'.'l>' ","-, I I CUI IL. : ! c::.:~ c,; , .r... I .; ! : , -V.in .~: F, OEVELG, SERVICES ,,, rJ~LEARWATER 4 2~rru I . ~~"~ I I Barbara I. Ferree, owner of Condos 305 and 404 at 1591 Gulf Blvd. Home Page, . . http://www.mysandkey.com! , .. MANATEE SIGHTING IN CANAL WHERE LEGG MASON WILL RUN ITS' FERRY Residential Canal Where Ferry Will Run On June 25th, at approximately 10:30 AM, three persons on Sand Key sighted four manatees swimming and eating off the grass and oyster beds in the wetlands area that lies at the end of the canal abutting Gulf Boulevard next to the Harbour Isle of Sand Key Condominium buildings. After running for a camera, two of the four manatees were captured on film. The canal is surrounded by single family dwelling homes, town homes and residential condominiums with private docks. The owners self enforce the "No Wake Zone" to protect the habitat of the dolphins, manatees and other wildlife who survive from this canal. This is the same canal on which Legg Mason has stated its intentions to operate a ferry as frequently as every thirty minutes from 11 AM to as late as 11 PM, seven days a week, for the purpose of ferrying hotel guests between the Cabana Club Hotel and the 425 room Belleview Biltmore Hotel. While Legg Mason has temporarily retracted its plan to utilize the boat dock directly in back of the Harbour Isle of Sand Key Condominium, their application states that they "reserve the right to bring the issue back to the City in the future after we have completed our assessment of the available alternatives." One of those alternatives is to use the exact same canal but to dock its ferry at a small piece of canal property owned by the Moorings. Legg Mason has made an offer to purchase this small piece of canal property and it is exactly where the manatees were sited. If the City of Clearwater allows this to occur, these may be the last manatees we see in that canal, not to mention the impact this will have on the other wildlife and environment. i-"--- --------- i UI , ~ ,. II . 20f3 8/1/08 9:44 AM . . Wells, Wayne From: Sent: To: Subject: Watkins, Sherry Monday, August 04,200810:19 AM Wells, Wayne FW: Cabana Club Legg Mason -----Original Message----- From: jpsaltis@tampabay.rr.com [mailto:jpsaltis@tampabay.rr.com] Sent: Sunday, August 03, 2008 7:37 PM To: Watkins, Sherry Subject: Cabana Club Legg Mason DEAR MS. WATKINS WE WOULD LIKE TO EXPRESS OUR DISATISFACTION AS TO THE MONSTEROUS BLDG ETC THAT IS BEING PRESENTED FOR APPROVAL. WE ARE TOTALLY AGAINST T HIS NON- CONFORMING PROJECT AND HOPE THAT YOU WILL VIEW IT AS SUCH, AND NOT APPROVE OF THE VARIANCES THAT THEY ARE REQUESTING. THANK YOU JOHN AND HELEN PSALTIS 1600 GULF BLVD APT 1115 CLWTR DAN'S ISLAND 2 TEL 727-595-5586 1 . . Page 1 of3 Wells, Wayne From: Watkins, Sherry Sent: Monday, August 04,200810:19 AM To: Wells, Wayne Subject: FW: Legg Mason's Cabana Club Application -----Original Message----- From: Nardi, Michel [mailto:mnardi@nardilaw.com] Sent: Sunday, August 03, 2008 11: 10 AM To: Cretekos, George Cc: 'Cynthia L. Remley, Esq.'; Watkins, Sherry Subject: RE: Legg Mason's Cabana Club Application Dear Mr. Cretekos: Thank you for your response. I shall never forget your gracious support in our efforts to secure funding for the Sand Key Beach many years ago. I am concerned that our community leaders are becoming blinded by the big money promises of Legg Mason and are quietly forsaking the best interests of their "real" constituents. I would therefore appreciate your keeping a vigilant eye on the Legg Mason application. I can not emphasize enough the importance of preserving the beach for the public. Over the years I have watched the depth of the beach diminish as a result of various storms. In addition to the numerous Code deviations requested in the Legg Mason application to maximize their profits as part of the construction of their hotel/restaurant, they have requested 25 feet of the public beach for the hotel's use. In principle I am totally opposed to anyone have exclusive use of our beach. However, should their plan be accepted, it may in fact jeopardize our ability to qualify for state or federal funding in the event of additional renourishment efforts. Would Legg Mason be willing to put up a bond adequate to indemnify the City against losses caused by their use of the beach and our inability to obtain state and federal funding for renourishment? Who will be willing to indemnify the residents whose home values will be negatively impacted by the City's granting Legg Mason's Code exceptions? Needless to say, I can appreciate the City's desire to rectify the hotel,room shortage caused by the short sightedness of the leaders who permitted the construction of countless condominiums on Clearwater Beach in exchange for the destruction of the hotels and supporting businesses. But one mistake should not be compounded by permitting another. Legg Mason's proposal is a slippery slope. Thank you again. All the best- Michel Michel Nardi Michel Nardi, P.A. 2366 Sunset Point Rd. Clearwater, FL 33765 (727) 446-891 ] The information contained in this transmission may be attorney/client privileged and therefore confidential. This information is intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copy of this communication is strictly prohibited. 8/412008 . . Page 2 of3 From: george.cretekos@myclearwater.com [mailto :george.cretekos@myclearwater.com] Sent: Thursday, July 31, 2008 10:31 PM To: mnardi@nardilaw.com Subject: RE: Legg Mason's Cabana Club Application Ms. Michel Nardi 2236 Sunset Point Road Clearwater, FL 33765 Dear Ms. Nardi: Thank you for advising me of your concerns over the proposed redevelopment of the "Cabana Club" property on Sand Key. It is my understanding that a completed application for a change in the development plan, as presented by the Legg-Mason developers, will be considered by the City of Clearwater's Community Development Board. For now, there is no a zoning application pending since the property is currently zoned "e" (commercial), which allows for hotel development. Because of the type of modification being requested, I am told that the City Council will review the application only if the developer requests an increase in density units per acre. In the meantime, I am pleased to note that you have expressed your concerns directly to the Community Development Board and its staff representative, and you may also wish to attend one of CDB meetings which are held on the third Tuesday of each month. It is this board that will approve the site plans. Again, thank you for taking time to advise me of your views, and with warmest, personal regards, I am Sincerely, --george george n. cretekos member, clearwater city council 727-562-4050 geQrge.crelekQ~s@mYclegrwateI.com (please note that under florida's public record laws, written communications, including e-mails.to and from members of city council regarding official business are public record and will be made available to all members of the clearwater city council and the press) -----Original Message----- From: Nardi, Michel [mailto:mnardi@nardilaw.com] Sent: Thursday, July 31, 2008 2:30 PM To: Hibbard, Frank; Gibson, Paul; Cretekos, George; Carlen.Peter@myclearwater.com; Doran, John; Watkins, Sherry Cc: 'Cynthia L. Remley, Esq.'; JanBchNews@aol.com SUbject: Legg Mason's Cabana Club Application Dear Mayor and City Council Members: I am a full time resident of the City of Clearwater and have lived on Sand Key since 1991. I was also 8/412008 . . Page 3 of3 Chairman of the original Beach Renourishment Committee for the Sand Key Civic Association that was largely responsible for orchestrating the necessary requirements to qualify for federal, state and local funding for the beach that we are all able to enjoy today. It is therefore appalling to me that anyone in Clearwater would entertain Legg Mason's proposal to construct anything on the beach for the exclusive use of their commercial interests! What is the matter with all of you? The beach belongs to the public and should remain that way. In order to qualify for the necessary funding for the beach renourishment, we were required to provide adequate public parking and easements so that the public could readily access the beach. This could not have been accomplished without the generosity of many of the condominiums that donated land to provide access. Dans Island was one of the key players in this scenario; it contributed the land for the easement that borders on the Cabana Club property. Now Legg Mason - a foreign entity - comes along and wants the City to bend all of the rules so that they can make more money than if they had to live within the existing rules. They are still going to be able to make money without the exceptions. But that is not enough. They want to make more. AND they want to have exclusive use of the beach in front of the Cabana Club that was always intended for the public enjoyment and the protection of the homes of Sand Key residents. In fact, we would never have qualified for the funding if the beach was to be used for private purposes. Should this be allowed - then every building along the beach should be entitled to similar treatment. Is this where the City really wants to go? I hope not. The beach should belong to everyone - not Legg Mason or anyone else that comes along and wants to make a quick buck at the expense of the residents of Clearwater. Michel Nardi Michel Nardi, P.A. 2366 Sunset Point Rd. Clearwater, FL 33765 (727) 446-8911 The information contained in this transmission may be attorney/client privileged and therefore confidential. This information is intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copy of this communication is strictly prohibited. 8/4/2008 . . Page 1 of 1 Wells, Wayne From: Watkins, Sherry Sent: Monday, August 04,200810:20 AM To: Wells, Wayne Subject: FW: Cabanna Club Rezoning -----Original Message----- From: Iynblackman [mailto:lynblackman@roadrunner.com] sent: Sunday, August 03,2008 10:14 AM To: Watkins, Sherry Subject: Fw: Cabanna Club Rezoning ----- Original Message ----- From: !ynpl<3~~Ism;;:Hl To: Egul. GtpsQn@myc:::I~<3r::w<3J~LC;::Qm Sent: Sunday, August 03,200810:12 AM Subject: Fw: Cabanna Club Rezoning ----- Original Message ----- From: Iynblackman To: F-.rJmJ<.Hipp<3Iq@myc:::I~Qr::wgler.c:::Qm Sent: Saturday, August 02, 2008 10:28 AM Subject: Cabanna Club Rezoning Dear Sir: Please do not consider the application to build a hotel at the Cabanna Club site. It cannot possibly do anything but hurt the residences on Sand Key, and is only going to make money for soneone or some corporation. Please use the authority trusted to you to block such a needless and harmful development. Thank You Brice Blackman resident 1480 Gulf Blvd. 8/4/2008 . e Page 1 of 1 Wells, Wayne From: Watkins, Sherry Sent: Friday, August 01, 2008 3:03 PM To: Wells, Wayne Subject: FW: Save our neighborhood -----Original Message----- From: Donnas Abrams [mailto:donna.l.abrams@gmail.com] Sent: Friday, August 01, 2008 11:39 AM To: Hibbard@myclearwater.com; Doran, John; Carlen.Petersen@mclearwater.com; Gibson, Paul; Cretekos, George; Watkins, Sherry Subject: Save our neighborhood Dear City of Clearwater Representatives: (please forward this to the members of CDB) We are full time residents of Dan's Island on sand Key located on the south/west side of the Cabana Club. We purchased our unit in 1999 after researching our surroundings. The Cabana club Condos and A TT A C H ED restaurant were first class...until management changed hands a few times and things started to deteriorate. (living in PH since 1971 and dining at the cabana club restaurant many times). We are certainly not against a 5 star restaurant with outdoor pool/dining facility being reconstructed...Sand Key residents would love nothing better. However, when many of us purchased our units knowing that our view would not be obstructed (as other buildings have been) and our units would not be shadowed out because of the closeness of what a NEW building would do (as it is ATTACHED); we felt we spent our money wisely on a fine life time investment!!! Approve improvement to a 5 star restaurant for sure...certainly do not allow variances to deeply hinder the investment that Dan's Island Residents have worked hard to maintain. Among the variances is taking 25 feet of public beach and using it for the hotel's use....is outlandish! Clearwater, and especially Sand Key residents, have been paying high taxes to keep our beaches sparkling for the city's image. Renourishment has been a huge expense but one that we all know is necessary. Putting up a wa II to benefit a 5 star hotel on the mainland is selfish. A wall that would be seen from the $M plus homes from the south to the luxury condos from the north. It will tremendously affect our seawalls, turtle nestings, and we are sure you can visualize the rest. And we can't even image how the other luxury condos across the way feel about having a taxi boat shuttling back and forth, 24 hours a day, in their backyards. Please really give heartfelt thought into your decisions; come and visit the area and see for yourselves; think about how you would feel if your home was next door and something as vast as this was being proposed (after you did your homework to purchase) and certainly not from the city's pocketbook. Thank you for your time and consideration in this huge decision to be made. Donna and Dan Abrams 1600 Gulf Blvd. Dan's Island #PH4 Clearwater, FL 33767 8/1/2008 .. . e Page 1 of2 Wells, Wayne From: Watkins, Sherry Sent: Friday, August 01,20083:04 PM To: Wells, Wayne Subject: FW: Legg Mason -----Original Message----- From: MimicarmeI47@aol.com [mailto:MimicarmeI47@aol.com] Sent: Friday, August 01,2008 11:35 AM To: Hibbard, Frank; Doran, John; Petersen, Carlen; Gibson, Paul; George.Cretek@myclearwater.com; Watkins, Sherry; don@gosfs.com Subject: Legg Mason August 1, 2008 To Whom It May Concern: My husband and I join the majority of residents of Sand Key in opposing the deviations to the Code - variances included, that would allow Legg Mason to build a la-story high restaurant/hotel complex in place of the existing Cabana Club Restaurant (located at 1590 Gulf Blvd.) As a neighbor of the site (Dan's Island, 1600 Gulf Blvd. #915) the building of a la-story structure would radically decrease the value of our property. It would be an obstruction that would definitely change the ambiance of our living environment by a decrease in the amount of light and of privacy. When one walks into our units in Dan's Island it is the light from the doors and windows that draws you in, which is why we purchased the unit we did. If a structure is allowed to go onto that small piece of property, which I'm sure was never intended to house a hotel, it will change the amount of light into our unit forever. Never in a million years did we think anyone would try to put a tall structure on that property with the limited beach front, the close property lines and the parking issues a building like that would have. I also do not know how you can consider giving Legg Mason 25 feet of public beach for the hotel's private use. The beach belongs to all of us. In closing, please do not approve Legg Mason's application and the deviations to the Code - variances that include: Replacing the current structure with a lOa-foot (or la-story high) hotel/restaurant complex where the Code only allows for a 25-foot structure Taking 25 feet of public beach and using it for the hotel's use Reducing the number of parking spaces to support the proposed complex Eliminating or reducing the set backs from adjacent property lines. 8/1/2008 4a. . e Page 2 of2 Sincerely, Don and J 0 Ann Hays Get fantasy football with free live scoring. Sign up for Fan House Fantasy Football today. 8/1/2008 BE: Legg Mason's Cabana CIUWPlication . Page 1 of/*"3 Wells, Wayne From: Watkins, Sherry Sent: Friday, August 01,20083:04 PM To: Wells, Wayne Subject: FW: Legg Mason's Cabana Club Application -----Original Message----- From: Manni, Diane Sent: Friday, August 01,2008 10:49 AM To: Gibson, Paul Cc: mnardi@nardilaw.com; Watkins, Sherry Subject: RE: Legg Mason's Cabana Club Application Dear Mr. Nardi: Please forward any information you wish to share with the Community Development Board, please contact Sherry Watkins at $herr:y,W9Jkins@mycJe9(W_9teLCJ2m. Sherry will distribute. Sincerely, Diane Manni Executive Assistant to the City Council -----OriginaJ Message----- From: Gibson, Paul Sent: Friday, August 01, 2008 8:07 AM To: Manni, Diane Cc: mnardi@nardilaw.com Subject: Legg Mason's Cabana Club Application Diane, Please forward the CDB emails addresses to Mr. Nardi. Thanks. Paul From: Nardi, Michel [mailto:mnardi@nardilaw.com] Sent: Thu 7/31/20084:46 PM To: Gibson, Paul Subject: RE: Legg Mason's Cabana Club Application Dear Mr. Gibson - Thank you for your immediate response and your suggestions. If you happen to have the email addresses of those on the CDB, I would appreciate your forwarding my email to them since I have no idea how I might reach them. All the best - Michel Nardi Michel Nardi, P .A. 8/1/2008 HE: Legg Mason's Cabana CIU~PPlication 2366 Sunset Point Rd. Clearwater, FL 33765 (727) 446-8911 The information contained in this transmission may be attorney/client privileged and therefore confidential. This information is intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copy of this communication is strictly prohibited. -----Original Message----- From: paul.gibson@MyClearwater.com [mailtQ~tml11. gib~Qn@=1Yl.yClearwatGJ:.~om ] Sent: Thursday, July 31, 2008 3:59 PM To: mnardi@nardilaw.com Subject: Legg Mason's Cabana Club Application Dear Mr. Nardi, The Legg-Mason application for a hotel at the site of the Cabana Club Restaurant is not presently a re-zoning or a land use matter. The Community Development Board ("CDB") will therefore be the body reviewing their redevelopment application. I suggest you direct comments and concerns to the CDB and you should feel free to copy the City Council. You can also contact the Planning Department for updates on the application status. Wayne Wells is the City Planner to whom you should contact for Planning Department status. I regret this looks like we are passing the buck. However, only the CDB has the legal authority to make the determination. Best regards, Paul Gibson Councilmember City of Clearwater From: Nardi, Michel [mailtQ:IJlllaIdj_@n:;l,Idilaw.~Qm] Sent: Thu 7/31/2008 2:30 PM To: Hibbard, Frank; Gibson, Paul; Cretekos, George; Carlen.Peter@myclearwater.com; Doran, John; Watkins, Sherry Cc: 'Cynthia L. Remley, Esq.'; JanBchNews@aol.com Subject: Legg Mason's Cabana Club Application Dear Mayor and City Council Members: I am a full time resident of the City of Clearwater and have lived on Sand Key since 1991. I was also Chairman of the original Beach Renourishment 8/112008 . Page 2 of)' '3 F.E: Legg Mason's Cabana CIUiltPPlication . Page 3 of/3 Committee for the Sand Key Civic Association that was largely responsible for orchestrating the necessary requirements to qualify for federal, state and local funding for the beach that we are all able to enjoy today. It is therefore appalling to me that anyone in Clearwater would entertain Legg Mason's proposal to construct anything on the beach for the exclusive use of their commercial interests! What is the matter with all of you? The beach belongs to the public and should remain that way. In order to qualify for the necessary funding for the beach renourishment, we were required to provide adequate public parking and easements so that the public could readily access the beach. This could not have been accomplished without the generosity of many of the condominiums that donated land to provide access. Dans Island was one of the key players in this scenario; it contributed the land for the easement that borders on the Cabana Club property. Now Legg Mason - a foreign entity - comes along and wants the City to bend all of the rules so that they can make more money than if they had to live within the existing rules. They are still going to be able to make money without the exceptions. But that is not enough. They want to make more. AND they want to have exclusive use of the beach in front of the Cabana Club that was always intended for the public enjoyment and the protection of the homes of Sand Key residents. In fact, we would never have qualified for the funding if the beach was to be used for private purposes. Should this be allowed - then every building along the beach should be entitled to similar treatment. Is this where the City really wants to go? I hope not. The beach should belong to everyone - not Legg Mason or anyone else that comes along and wants to make a quick buck at the expense of the residents of Clearwater. Michel Nardi Michel Nardi, P .A. 2366 Sunset Point Rd. Clearwater, FL 33765 (727) 446-8911 The information contained in this transmission may be attorney/client privileged and therefore confidential. This information is intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copy of this communication is strictly prohibited. 8/1/2008 . . Page 1 of 1 Wells, Wayne From: Watkins, Sherry Sent: Friday, August 01, 2008 4:00 PM To: Wells, Wayne Subject: FW: Sand Key -----Original Message----- From: allan layne [mailto:allanlayne@gmail.com] Sent: Friday, August 01,2008 1:54 PM To: Hibbard, Frank; Doran, John; Gibson, Paul; Cretekos, George; Petersen, Carlen; Watkins, Sherry Cc: Cynthia@ProRemLaw.com Subject: Sand Key To whom it may concern: I currently live in Clearwater on Sand Key. I am concerned about the City of Clearwater decisions about the Sand Key community; I believe the decision to build a hotel at 1590 Gulf Blvd is a BAD decision. I do not think the lot where they plan to build is big enough to support a hotel and even parking. It's like putting 50 lbs of junk in a 5 lb bag. I feel if Legg Mason wants to build a hotel at 1590 Gulf Blvd they should purchase the condos located at 1586 Gulf Blvd which would be a great building to convert into a hotel and pay each owner one hundred thousand dollars over what each of the resident's current mortgage or if the property has no mortgage then two hundred thousand dollars over market value. They could even convert 1586 Gulf Blvd into a hotel for less money than building one. I believe 1586 Gulf Blvd has 8 stories and 32 units. But in was a tourist and I came to visit the hotel at that location I would be disappointed because me personally I would stay at the Hilton on Clearwater Beach where there is beautiful white soft sand. Also, The residents of 1621 Gulf Blvd property value would be GREATLY HURT because that building has the most beautiful view ofthe Gulf of Mexico to be on the east side of Gulf Blvd. How would you like to live at 1600 Gulf Blvd which is another beautiful building and you had a view of north and you could see the Gulf of Mexico and the City of Clearwater, then they build a hotel and now your view is a hotel and the city or you live at 1591 Gulf Blvd with a good view ofthe Gulf of Mexico and then you have a view of a hotel. To sum it up Legg Mason is a DEVELOPER and they DO NOT even LIVE around Clearwater, they HAVE MORE MONEY than Clearwater, they are not going to keep the property forever they are only going to keep it till someone purchases it from them. Then they are going to sit back and laugh and see how bad they screwed the residents of Sand Key and the City of Clearwater. I feel if the City of Clearwater decision to let Legg Mason build a hotel at 1590 Gulf Blvd the out come will be like the decision when they made the round about on Clearwater Beach with the waterfall in the center of the round about. How much did that cost the tax payers. Please DO NOT APPROVE the building of a hotel by Legg Mason on Sand Key. I love going across the street to the beach but if I was a tourist I would not want to go to the beach on Sand Key because it does not have beautiful soft white sand. Sand Key is the BEST kept secret to Clearwater Beach. Also, keep in mind that the small shops located on the northeast of Sand Key are good for the community. PLEASE LEAVE SAND KEY THE WAY IT IS. THAT IS WHY I MOVED TO SAND KEY. Allan Layne 1591 Gulf Blvd., Unit 305 Clearwater, FL 33767 811/2008 . . Page 1 of2 Wells, Wayne From: Watkins, Sherry Sent: Friday, August 01,20083:03 PM To: Wells, Wayne Subject: FW: Legg Mason -----Original Message----- From: Manni, Diane Sent: Friday, August 01,200811:55 AM To: Akin, Pam; Cretekos, George; Doran, John; Gibson, Paul; Goudeau, Cyndie; Hibbard, Frank; Manni, Diane; Petersen, Carlen; Reporter; Wagenfohr, Carl; Wills, Anne Cc: Watkins, Sherry Subject: FW: Legg Mason -----Original Message----- From: Doran, John Sent: Friday, August 01,2008 11:46 AM To: 'Mimicarmel47@aol.com' Cc: Manni, Diane Subject: RE: Legg Mason Mr. and Mrs. Hays: I appreciate your interest and involvement in your community, but the Legg Mason matter is a matter before the Community Development Board, not the City Council, and, to date, there is nothing to suggest that Legg Mason intends to ask for anything that would come before the City Council. I note that your email is going to Sherry Watkins, who will makeitavailabletotheCDB,as is most appropriate. john doran Clearwater City Council Florida has a very broad public records law. Most written communications to and from government officials regarding government business are public records available to the public and to the media upon request. Your e-mail communications may be subject to public disclosure. -----Original Message----- From: Mimicarmel47@aol.com [mailto:MimicarmeI47@aol.com] Sent: Friday, August 01,2008 11:35 AM To: Hibbard, Frank; Doran, John; Petersen, Carlen; Gibson, Paul; George.Cretek@myclearwater.com; Watkins, Sherry; don@gosfs.com Subject: Legg Mason August 1, 2008 To Whom It May Concern: 8/1/2008 . . Page 2 of2 My husband and I join the majority of residents of Sand Key in opposing the deviations to the Code - variances included, that would allow Legg Mason to build a la-story high restaurant/hotel complex in place of the existing Cabana Club Restaurant (located at 1590 Gulf Blvd.) As a neighbor of the site (Dan's Island, 1600 Gulf Blvd. #915) the building of a lO-story structure would radically decrease the value of our property. It would be an obstruction that would definitely change the ambiance of our living environment by a decrease in the amount of light and of privacy. When one walks into our units in Dan's Island it is the light from the doors and windows that draws you in, which is why we purchased the unit we did. If a structure is allowed to go onto that small piece of property, which I'm sure was never intended to house a hotel, it will change the amount of light into our unit forever. Never in a million years did we think anyone would try to put a tall structure on that property with the limited beach front, the close property lines and the parking issues a building like that would have. I also do not know how you can consider giving Legg Mason 25 feet of public beach for the hotel's private use. The beach belongs to all of us. In closing, please do not approve Legg Mason's application and the deviations to the Code - variances that include: Replacing the current structure with a laO-foot (or la-story high) hotel/restaurant complex where the Code only allows for a 25-foot structure Taking 25 feet of public beach and using it for the hotel's use Reducing the number of parking spaces to support the proposed complex Eliminating or reducing the set backs from adjacent property lines. Sincerely, Don and J 0 Ann Hays Get fantasy football with free live scoring. Sign up for FanHouse Fantasy Football today. 8/1/2008 . . Page 1 of 1 Wells, Wayne From: Watkins, Sherry Sent: Friday, August 01, 2008 8:39 AM To: Wells, Wayne Subject: FW: Legg Mason; 50S; Rezoning Notices; and Hotel Density -----Original Message----- From: Doran, John Sent: Thursday, July 31, 2008 12:30 PM To: 'Norm Englert' Cc: Watkins, Sherry; Manni, Diane Subject: RE: Legg Mason; 50S; Rezoning Notices; and Hotel Density Norm: Thank you for your interest and involvement in your community and for your specific comments, but the Legg Mason matter is a matter before the Community Development Board, not the City Council, and, to date, there is nothing to suggest that Legg Mason intends to ask for anything that would come before the City Council. I am forwarding your email to Sherry Watkins in our planning department for distribution to the members of the CDB. john doran Clearwater City Council Florida has a very broad public records law. Most written communications to and from government officials regarding government business are public records available to the public and to the media upon request. Your e- mail communications may be subject to public disclosure. -----Original Message----- From: Norm Englert [mailto:nenglert@earthlink.net] Sent: Thursday, July 31, 2008 12:21 PM To: Hibbard, Frank; Gibson, Paul; Doran, John; Cretekos, George; Petersen, Carlen Subject: Legg Mason; 50S; Rezoning Notices; and Hotel Density Please know that some residents of Sand Key are fully in favor of having a 38-room boutique hotel with fine dining in our neighborhood. Thanks, Norm Englert 140 Marina del Rey Clearwater, FL 33767 727.510.7951 8/112008 e e Page 1 of3 Wells, Wayne From: Watkins, Sherry Sent: Friday, August 01,20088:36 AM To: Wells, Wayne Subject: FW: Legg Mason's Cabana Club Application -----Original Message----- From: Doran, John Sent: Thursday, July 31,20085:15 PM To: 'Nardi, Michel' Cc: Watkins, Sherry; Manni, Diane Subject: RE: Legg Mason's Cabana Club Application Ms. Nardi: Your earlier email was copied to Sherry Watkins, with the Planning Department. My understanding is that she will distribute all the communications to the members of the COB. I am copying her on this response and your latest email. john doran Clearwater City Council Florida has a very broad public records law. Most written communications to and from government officials regarding government business are public records available to the public and to the media upon request. Your e- mail communications may be subject to public disclosure. -----Original Message----- From: Nardi, Michel [mailto:mnardi@nardilaw.com] Sent: Thursday, July 31, 2008 4:57 PM To: Doran, John Cc: Manni, Diane Subject: RE: Legg Mason's Cabana Club Application Dear Mr. Doran: Thank you for your immediate response. I understand that this matter is currently before the CDB. However, this issue touches on all Clearwater residents. Privatizing portions of our beach to accommodate outside commercial interests should not be entertained on any level. Where do you draw the line? I would appreciate your forwarding my email to all members of the COB, if you have them available. Thank you again. All the best, Michel Nardi Michel Nardi, P.A. 2366 Sunset Point Rd. Clearwater, FL 33765 (727) 446-8911 8/1/2008 . e Page 2 of3 The information contained in this transmission may be attorney/client privileged and therefore confidential. This information is intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copy of this communication is strictly prohibited. From: john.doran@MyClearwater.com [mailto:john .doran@MyClearwater.com] Sent: Thursday, July 31, 2008 3:45 PM To: mnardi@nardilaw.com Cc: Diane.Manni@myClearwater.com Subject: RE: Legg Mason's Cabana Club Application Ms. Nardi: I appreciate your interest and longstanding involvement in your community, but the Legg Mason matter is a matter before the Community Development Board, not the City Council, and, to date, there is nothing to suggest that Legg Mason intends to ask for anything that would come before the City Council. I note that your email is going to Sherry Watkins, who will makeitavailabletotheCDB,as is most appropriate. john doran Clearwater City Council Florida has a very broad public records law. Most written communications to and from government officials regarding government business are public records available to the public and to the media upon request. Your e-mail communications may be subject to public disclosure. -----Original Message----- From: Nardi, Michel [mailto:mnardi@nardilaw.com] Sent: Thursday, July 31, 2008 2:30 PM To: Hibbard, Frank; Gibson, Paul; Cretekos, George; Carlen.Peter@myclearwater.com; Doran, John; Watkins, Sherry Cc: 'Cynthia L. Remley, Esq.'; JanBchNews@aol.com Subject: Legg Mason's Cabana Club Application Dear Mayor and City Council Members: I am a full time resident of the City of Clearwater and have lived on Sand Key since 1991. I was also Chairman of the original Beach Renourishment Committee for the Sand Key Civic Association that was largely responsible for orchestrating the necessary requirements to qualify for federal, state and local funding for the beach that we are all able to enjoy today. It is therefore appalling to me that anyone in Clearwater would entertain Legg Mason's proposal to construct anything on the beach for the exclusive use of their commercial interests! What is the matter with all of you? The beach belongs to the public and should remain that way. In order to qualify for the necessary funding for the beach renourishment, we were required to provide adequate public parking and easements so that the public could readily access the beach. This could not have been accomplished without the generosity of many of the condominiums that donated land to provide access. Dans Island was one of the key players in this scenario; it contributed the land for the easement that borders on the Cabana Club property. Now Legg Mason - a foreign entity - comes along and wants the City to bend all of the rules so that 8/1/2008 8/1/2008 . . Page 3 of3 they can make more money than if they had to live within the existing rules. They are still going to be able to make money without the exceptions. But that is not enough. They want to make more. AND they want to have exclusive use of the beach in front of the Cabana Club that was always intended for the public enjoyment and the protection of the homes of Sand Key residents. In fact, we would never have qualified for the funding if the beach was to be used for private purposes. Should this be allowed - then every building along the beach should be entitled to similar treatment. Is this where the City really wants to go? I hope not. The beach should belong to everyone - not Legg Mason or anyone else that comes along and wants to make a quick buck at the expense of the residents of Clearwater. Michel Nardi Michel Nardi, P.A. 2366 Sunset Point Rd. Clearwater, FL 33765 (727) 446-8911 The information contained in this transmission may be attorney/client privileged and therefore confidential. This information is intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copy of this communication is strictly prohibited. . . Page 1 of 1 Wells, Wayne From: Watkins, Sherry Sent: Friday, August 01, 2008 8:36 AM To: Wells, Wayne Subject: FW: File #FLD2008-02002 -----Original Message----- From: BARBGOLF@aol.com [mailto:BARBGOLF@aol.com] Sent: Thursday, July 31, 2008 5:46 PM To: Hibbard, Frank; Doran, John; CarlenPetersen@myclearwater.com; Gibson, Paul; Cretekos, George; Watkins, Sherry Subject: Re: FIle #FLD2008-02002 I can't believe all the deviations that you are considering allowing Legg Mason to have to build a hotellrestaurant at 1590 Gulf Blvd.: 1. They want to build 25' higher than code. WRONG! 2. They want to take 25' of PUBLIC beach for their hotel's use. Beach that has been restored with RESIDENT'S tax money for PUBLIC USE. WRONG! WRONG! 3. Code calls for a lot width of 200' for a building their size and they only have 88 feet. WRONG! 4. They have not planned for adequate parking, so cars will be touring the neighborhood looking for places to park--maybe in our parking lots or in the Sand Key Park. WRONG! 5. They're talking about running a ferry up and down the canal across the street every 1/2 hour! Think of the effect on the residents facing the canal and the wear and tear on their docks. WRONG! Have you seen the beautiful picture of the dolphins in the canal that was taken in June by several Sand Key residents?? Unfortunately, that won't happen with a stupid ferry churning up the water all the time! WRONG! 6. You may be looking at increased taxes on the property, but have you considered how much LESS taxes you will be getting from the surrounding condos as our values plummet! I already lost one lessee, because they did not like the idea of a hotel being across the street. WRONG! THIS IS NOT RIGHT! I AM SORRY THAT I WILL BE OUT OF TOWN AND UNABLE TO ATTEND THE AUGUST 19th MEETING. I certainly hope enough other residents are able to come to impress upon you what a horrific decision it would be to allow Legg Mason to get away with this. Barbara I. Ferree, owner of Condos 305 and 404 at 1591 Gulf Blvd. ************** Get fantasy football with free live scoring. Sign up for Fan House Fantasy Football today. (http://www.fanhouse.com/fantasyaffair?ncid=aolspr00050000000020 ) 8/1/2008 . . Wells, Wayne From: Sent: To: Subject: Watkins, Sherry Friday, August 01, 2008 8:30 AM Wells, Wayne FW: Cabana Club/ Legg Mason Proposal -----Original Message----- From: leelin [mailto:leelin@charter.net] Sent: Wednesday, July 30, 2008 5:57 PM To: Gibson, Pauli John.Doran@myclearwalter.comi George@myclearwater.comi Watkins, Sherry; Petersen, Carlen Subject: Fw: Cabana Club/ Legg Mason proposal ----- Original Message ----- From: "leelin" cleelin@charter.net> To: cFrank.Hibbard@myclearwater.com> Sent: Wednesday, July 30, 2008 5:48 PM Subject: Cabana Club/ Legg Mason Proposal > Dear Sir: > We are writing to oppose the proposed Cabana Club/Legg Mason Plan to build > a hotel and restaurant resort in the place of the current Cabana Club site > at 1590 Gulf Blvd. The planned complex would destroy the quiet and > peaceful atmosphere of the island with its many deviations from the codes > protecting the island and the businesses we depend upon there. The > increases in traffic, both on land and in the beach area and would bring > negative financial and compatibility effects to our community. > > Please vote NO on this redevelopment proposal and the proposed rezoning > variances. > > Thank you, > > Leland R Walter > > Linda L Walter > > 1480 Gulf Blvd. > > Apt. 204 > > Clearwater, FL 33767 1 . . Page 1 of2 Wells, Wayne From: Watkins, Sherry Sent: Friday, August 01, 2008 8:35 AM To: Wells, Wayne Subject: FW: Legg Mason; SOS; Rezoning Notices; and Hotel Density -----Original Message----- From: Cretekos, George Sent: Thursday, July 31, 2008 10:38 PM To: 'Norm Englert' Cc: Manni, Diane; Watkins, Sherry Subject: RE: Legg Mason; 50S; Rezoning Notices; and Hotel Density Mr. Norm Englert 140 Marina del Rey Clearwater, FL 33767 Dear Mr. Englert: Thank you for advising me of your support for the proposed redevelopment of the "Cabana Club" property on Sand Key. It is my understanding that a completed application for a change in the development plan, as presented by the Legg-Mason developers, will be considered by the City of Clearwater's Community Development Board. For now, there is no a zoning application pending since the property is currently zoned "C" (commercial), which allows for hotel development. Because of the type of modification being requested, I am told that the City Council will review the application only if the developer requests an increase in density units per acre. In the meantime, I have forwarded your comments directly to the Community Development Board and its staff representative, and you may also wish to attend one of CDB meetings which are held on the third Tuesday of each month. It is this board that will approve the site plans. Again, thank you for taking time to advise me of your views, and with warmest, personal regards, I am Sincerely, --george n. cretekos member, clearwater city council 727-562-4050 george. cretekos@)myclearwater.com (please note that under florida's public record laws, written communications, including e-mails.to and from members of city council regarding official business are public record and will be made available to all members of the clearwater city council and the press) -----Original Message----- 8/1/2008 ., . . Page 2 of2 From: Norm Englert [mailto:nenglert@earthlink.net] Sent: Thursday, July 31, 2008 12:21 PM To: Hibbard, Frank; Gibson, Paul; Doran, John; Cretekos, George; Petersen, Carlen Subject: Legg Mason; 50S; Rezoning Notices; and Hotel Density Please know that some residents of Sand Key are fully in favor of having a 38-room boutique hotel with fine dining in our neighborhood. Thanks, Norm Englert 140 Marina del Rey Clearwater, FL 33767 727.510.7951 81112008 . . Page 1 of 1 Wells, Wayne From: Watkins, Sherry Sent: Friday, August 01, 2008 8:30 AM To: Wells, Wayne Subject: FW: cabana -----Original Message----- From: Doran, John Sent: Wednesday, July 30, 2008 7:36 PM To: 'RThac44@aol.com' Cc: Manni, Diane; Watkins, Sherry Subject: RE: cabana MS.Thacker: Thank you for your interest and involvement in your community and for your specific comments, but the Legg Mason matter is a matter before the Community Development Board, not the City Council, and, to date, there is nothing to suggest that Legg Mason intends to ask for anything that would come before the City Council. I will forward your email to Sherry Watkins in our planning department for distribution to the members of the CDB. john doran Clearwater City Council Florida has a very broad public records law. Most written communications to and from government officials regarding government business are public records available to the public and to the media upon request. Your e- mail communications may be subject to public disclosure. -----Original Message----- From: RThac44@aol.com (mailto: RThac44@aol.com] Sent: Wednesday, July 30, 2008 5:44 PM To: Doran, John Subject: cabana Mr Doran, I would love to see Clearwater let Legg Mason build a first class hotel on the Cabana Club property....lt will certainly be better that what is there now. Pis. don't let all the negative people have such a strong influence on Clearwater. Change is always better. thank you for doing such a hard job. babsthacker ************** Get fantasy football with free live scoring. Sign up for Fan House Fantasy Football today. (http://www.fanhouse.com/fantasyaffair?ncid=aolspr00050000000020) 8/112008 . . Page 1 of 1 Wells, Wayne From: Watkins, Sherry Sent: Friday, August 01, 2008 8:30 AM To: Wells, Wayne Subject: FW: Opposition to Cabana Club / Legg Mason proposal -----Original Message----- From: daberryman@aol.com [mailto:daberryman@aol.com] Sent: Wednesday, July 30, 2008 6:26 PM To: Hibbard, Frank; Gibson, Paul; Doran, John; Cretekos, George; Watkins, Sherry; Petersen, Carlen Subject: Opposition to Cabana Club / Legg Mason proposal Dear Council Membern: As home owners on Sand Key for many years, we strongly urge you to reject the requested exemptions for the development at the Cabana Club by Legg Mason. The exemptions requested are substantial and inappropriate. This should not be allowed to happen on this beach front and in this residential area. It does not fit in with the neighborhood and will have a negative impact on the area. We believe that the parking is inadequate and the proposed hourly ferry service to be extremely inappropriate. As long time owners and significant taxpayers we ask that you do the right thing to protect our homes, neighborhood and investment. PLEASE, DO NOT ALLOW THIS TO HAPPEN. Respectfully, Dwight and Nancy Berryman 1480 Gulf Blvd. #1207 Clearwater Beach, FL. The Famous, the Infamous, the Lame - in your browser.G~tth~TM~TQQlpQr~g'N! 8/1/2008 . . Page 1 of 1 Wells, Wayne From: Kellertoo@aol.com Sent: Sunday, July 27,200812:38 PM To: KSharkey@rahdertlaw.com; Wells, Wayne Cc: Kellertoo@aol.com; cabanaclub@verizon.net Subject: Clarrification of Cabana Cluyb condo Board position on hotel prpoject. Dear Mr. Reynolds and Mr. Wells, I wish to make a correction on the numbers of votes submitted on my email of 7/25/08. I made a typographical error when indicating the number of owners at the Cabana Club who were opposed to the hotel project. I inadvertantly typed in 26 opposed when I intended to type in 16 opposed. Please make this correction to the original e-mail. Sorry for the inconvenience. Rosemary Keller President, Cabana Club Condominium Association Board. Get fantasy football with free live scoring. fugnJJJLfQr FaoJ:tQJ,J3?~f~nl<,:t~yEQQ1Q~lL19_(LClY. 7/27/2008 . . Page 1 of 1 Wells, Wayne From: Kellertoo@aol.com Sent: Friday, July 25,20081 :39 PM To: KSharkey@rahdertlaw.com Cc: Wells, Wayne; Kellertoo@aol.com Subject: Clarification of Cabana Club Condo Board position on hotel project Dear Ms. Sharkey, Please forward this e-mail to Mr. Thomas Reynolds. I am sending this e-mail to you as there was no email address for Mr. Reynolds in the e-mail documents you sent to me on July 14th. Thank you for your assistance. Dear Mr. Reynolds, This e-mail is in response to your letter dated 7/14/08 regarding the e-mail I sent to Mr. Wayne Wells of the City of Clearwater Planning Department regarding the proposed Cabana Club Hotel. In the e-mail to Mr. Wells, I indicated that the Cabana Club Condominium Association Board never made a motion to approve or disapprove the building of the proposed cabana Club Hotel. To do so, the Board would be making a decision for all owners which is beyond the authority and power of the board. The results of the survey conducted in February indicated that out of 90 unit owners, 46 voted in favor of the proposed Cabana Club Hotel, 26 voted in opposition of the project and 28 did not vote at all. Based on these results the Board itself has taken no official action to oppose the project. However, individual owners who are in opposition of the proposed hotel are free to take action or become involved in campaigns opposing the Cabana Club Hotel. The Board has no authority to infringe on actions taken by individual owners. I hope this clarifies the position of the Cabana Club Condominium Board. If you have any questions you may email your inquiries. Regards, Rosemary Keller President, Cabana Club Condominium Association Board Get fantasy football with free live scoring. Sign up for Fan House Fantasy Football today. 7/25/2008 II . Page 1 of 1 Wells, Wayne From: Watkins, Sherry Sent: Friday, July 25,20089:03 AM To: Wells, Wayne Subject: FW: Legg Mason proposal -----Original Message----- From: Doran, John Sent: Thursday, July 24,20085:17 PM To: 'marianebishara@aol.com' Cc: Manni, Diane; Watkins, Sherry Subject: RE: Legg Mason proposal Dr. Bishara: I appreciate your interest and involvement in your community, but the Legg Mason matter is a matter before the Community Development Board, not the City Council, and, to date, there is nothing to suggest that Legg Mason intends to ask for anything that would come before the City Council. I am forwarding your comments to Sherry Watkins, for distribution to the members of the Community Development Board. Further comments about the Legg Mason matter would most appropriately go directly to Ms. Watkins, for distribution to the COB. john doran Clearwater City Council Florida has a very broad public records law. Most written communications to and from government officials regarding government business are public records available to the public and to the media upon request. Your e- mail communications may be subject to public disclosure. -----Original Message----- From: marianebishara@aol.com [mailto:marianebishara@aol.com] Sent: Thursday, July 24, 2008 9:00 AM To: Hibbard, Frank; Doran, John; Carlen.Petersen@myClearwter.com; Cretekos, George; Gibson, Paul Subject: Legg Mason proposal To all of our council members: This email is to voice my opposition against the proposed changes by Legg Mason. Thank you all for listening to us. Sincerely, Dr. Bishara The Famous, the Infamous, the Lame - in your browser. Get the TMZ Toolbar Now! 7/2512008 . . Clearwater Beach Association POBox 3295 Clearwater, Florida 33767 ORIGINAL RECEIVED JUL 15 2008 PLANNING DEPARlMENT CITY OF CLEARWATER City of Clearwater Planning Department Attention: Mr. Wayne Wells 100 S. Myrtle Ave. Clearwater, FL 33756 July 11, 2008 Subject: Legg Mason Proposal, FLD2008-02002, Re: Hotel at 1590 Gulf Blvd., Sand Key. Dear Mr. Wells: Clearwater Beach Association opposes subject proposal because of the numerous variances the Applicant is requesting. Please note that our organization is one of the designated "Special Interest" community groups that The City provides notices to for Community Development hearings on proposals of this nature. We are philosophically and aesthetically opposed to The City's codes which allow unfettered development through the granting of unjustified variances in the name of flexibility and "Infill development". The Standard Codes for set-backs from property lines, height limitations, required vehicle parking spaces and conformity with neighboring development were enacted for cogent reasons that do not change simply because a developer wants to build taller, wider and disregard adjacent structures that conform to Standard Codes. If you are wondering what our interests are in this proposal which concerns property on South Sand Key, we are pleased to inform you that Clearwater Beach Association, Island Estates and Sand Key Civic Associations have agreed to provide mutual support when our interests are compatible. We are communicating on a regular basis and Sand Key Civic Association's opposition to this proposal is based on principles we each support. Our objectives are similar: Preservation and improvement of "Quality of Life" for our constituencies. To begin with, this particular application seeks far too much intensity for the site and seeks far too many extensions, flexes and variations beyond the standard code. These extensions and variations for features such as setbacks, height, and the other items, far exceed what is allowed by standard code. These variances, if approved, would allow the site to be developed substantially different from the surrounding uses. The end result would detract from the open, beautiful, distinctive elements that make Sand Key, and specifically South Sand Key, one of the several beach areas that make all of Clearwater one of the best in the State. . . Clearwater Beach Association POBox 3295 Clearwater, Florida 33767 July 11, 2008 Further, the site is located in a completely residential area. Expanded "Tourist" use of this nature will be disruptive, friction-oriented and a use that is simply not compatible with surrounding structures and uses. It is believed that the proposed use would be damaging to the surrounding property owners. Additionally, the extensions and expansions requested onto the open Gulf-side beach are unnecessary and appear to be unprecedented for Sand Key. This would change the character of that beach. Finally, this request mirrors two very similar issues that the City Council has denied in the past. Those issues have been heard and decided already. It is exhausting for residents to have to continually defend their neighborhoods. The Clearwater Beach Association believes the onus of substantiating requests for variances should rest on the shoulders of the requester. The current system is a rubber stamp for the requester and requires neighboring parties to present overwhelming argument to prevail in open hearings. Simply put, variances should only be approved for safety and ecologically sound reasons. Respectfully submitted, r ide nt, Clearwater Beach Association, 2008 CC: Mayor and City Council City Manager City Attorney ~ommunity Development Board Sand Key Civic Association Island Estates Civic Association t . . Page 1 of2 Wells, Wayne From: ETONAVE@aol.com Sent: Sunday, July 06,20081 :13 PM To: Wells, Wayne; Watkins, Sherry; Hibbard@myclearwater.com; Doran, John; Petersen, Carlen; George.Creteko@myclearwater.com; Gibson, Paul Cc: JennyPaschall@aol.com; iskmanager@verizon.net Subject: Re: Case#FLD2008-02002 (1590 Gulf Blvd.) Please distribute to interested parties Dear Sirs and Madam, Sand Key is congested enough! Mr. Mason's planned structure as well as his contingent expansion plans jeopardize the peace and harmony of this delicately balanced Key. Furthermore, aside from the hotels and park on the northern end of Sand Key, the bulk of Sand Key is used mainly by its occupants, creating a wonderful lifestyle as well as minimizing crime and maximizing safety. The impact on the area due to additional automobile traffic and parking must be taken into consideration. Adjusting height restrictions is yet another issue. Additionally, the absolutely ludicrous plan to ferry people, dropping them off on what to date has been a secure/gated area, i.e., Isle of Sand Key, The Harborage and the Moorings, is an affront to all of us who live in that community. At the moment, children can play safely in a guarded, secure area. Once open to the public. our children and grandchildren could be subject to predators who would gain access to what was a relatively safe haven. The ferry symbolizes the potential negative impact Mr. Mason's plan could have on Sand Key. To approve his planned construction, as well as contingent construction and subsequent amenities, would be to give one individual and his corporation an advantage at the cost of significant disadvantage for the entire tax-paying population of Sand Key and Bellair. Give your constituents the consideration they deserve....and reject Mr. Mason I s proposal. Respectfully, Ron & Jenny Lyon 1621 Gulf Blvd #1103 Clearwater Beach, Florida 33767 7/6/2008 " . . Page 2 of2 Gas prices getting you down? Search AOL Autos for fuel-efficientl.J~e~L~;::lI~. 7/6/2008 . e Page 1 of2 Wells, Wayne . From: Ardith Shipley [wonderchef50@hotmail.com] Sent: Tuesday, July 01, 2008 8:38 PM To: Wells, Wayne Subject: FW: App FLD 2008-02202 1590 Gulf Blvd. Wayne, I mistakenly sent you the first draft without the photo. My apologies. Ardith Shipley From: wonderchef50@hotmail.com To: wayne.wells@myclearwater.com Subject: App FLD 2008-02202 1590 Gulf Blvd. Date: Tue, 1 Jul 2008 20:24:28 -0400 Wayne, I am writing to you once again to further reiterate my opposition as well as my husbands, to the above project. First, I would like to say that the residents of Sand Key appreciate the enormous amount of work that you, as well as others have given to this project. We are very passionate about our neighborhood and would find nothing more satisfactory than having Legg Mason build a nice two story, five star restaurant that all residents and tourists of this area would enjoy. I know that no one is required to maintain view corridors for adjacent property owners, but for Legg Mason to address this in their application and say that this project "does not have a detrimental effect of any current views", is outrageous to those of us who will be adversely impacted to a tremendous extent. They are referring to the Isle of Sand Key as "The Harborage". Obviously they are unfamiliar with what buildings are located where. I have attached a photo from our unit for your consideration. This was taken from the Isle of Sand Key, Unit #1202. From this 12th floor vantage point, if this "boutique hotel" is built, virtually all of our view in that direction will be obstructed. True, we may be able to see a tiny sliver of the gulf above the building, but that is debatable. As well, all of the units in our building on the northwest and north side of the building will be greatly impacted also. In addition, units on the southwest side will also be impacted. This proposal would not be a concern to many property owners if we could be assured that no height or setback variances would be granted for this project and that the new building would retain the 'look and feel' of the current building. Although there are many more issues to consider, including water, infrastructure, the impact of a boat coming into the area hourly and it's impact on the manatees and dolphins as well as increased traffic and parking issues. We purchased our property with a structure already at the proposed sight and was assured by our realtor that everything was "grandfathered" in and if anything was torn down that the new structure could not be built any higher than the previous structure. Many believe that this issue of view should not be addressed as those of us who will be impacted will sound 'spoiled or entitled'. The very reason we purchased this unit was because of the exceptional view. That is generally the first consideration when looking to purchase beach property. The price on this unit was considerably higher specifically because of that view and therefore the taxes are higher because 7/212008 . . Page 2 of2 of that view. How can this not be a consideration? A large percentage of unit owners at the Isle of Sand key ARE homesteaded properties and are either full time residents or this is their primary home, as it is ours. I believe that there are currently only six properties that are rented out and our condo by-laws require a minimum of a three month lease. This is NOT transient rental as stated by Legg Mason. Martin Smith, at the Sand Key Civic Association meeting said that they wanted to build this 'boutique hotel' and market it to wealthy Europeans as having a beautiful view of the Gulf - just what they are proposing to take from us! I have attended both meetings that Legg Mason presented at on Sand Key. They presume to state that they have had 'numerous' meetings with adjacent property owners, yet they do not know that the Isle of Sand Key is the condo directly across the street and a little south of the proposed development. At both meetings I specifically asked what the current height zoning was for this property. At both meetings I was told by the Legg Mason attorney that it is 25'. When asked what variance they were asking for they replied that they were asking for an ADDmONAL 68' on the height. They are calling this a "6 story boutique hotel". How can a 6 story hotel end up being nearly 94' high???? Legg Mason's attitude at these meetings seemed to me to be condescending to the concerns of the residents and completely non-flexible. It is they who are asking for multiple variances, a bigger footprint, and are really not willing at all to meet with the residents again. I was contacted by Amy McGuire (whom I assume is running a PR campagne for Legg Mason) via e-mail and I wrote back to her asking about specifics and the inconsistencies of the information that was being disseminated by herself and Legg Mason. I have never received an answer back from her. I truly believe that they want only 'their information' out there and that it is definitely skewed to omit and deceive. Best Regards, Ardith Shipley Watch "Cause Effect," a show about real people making a real difference. LegmmQ[e, Do more with your photos with Windows Live Photo Gallery. GetWindoW5 Liy<:t=Free 7/2/2008 ~ ,. . . e . . Page 1 of 1 Wells, Wayne From: saschellstar@aol.com Sent: Tuesday, July 01, 2008 5:22 PM To: Wells, Wayne Subject: LEGG MASON ON SAND KEY my wife and i reside at 1581 gulf blvd unit 404.. it is not a rental unit but our residence. we just want to go on record as opposed to the legg mason hotel across the street from us. they are asking for variances in the building codes. they are trying to misrepresent that the building will not bring more transient guests to the island. they are trying to downplay the size of the structure. i attended both the meeting at the cabana club and the SKCA sailing center. whats odd is that at the first meeting back in February at the cabana club is that when asked if they needed any variences they said we need one to the set back.. later somoene asked what about a variance to the height.. they said oh yeah we forgot we want a variance for height as well. when asked what is the variance they said from 25 to 66 feet. 2 1/2 times the code. and they "forgot" to mention that to us. their presentation was filled with lies and half truths. then they want to shuttle in employees by bus and by water. using the dock located next to our swimming pool. a dock that they lift in disrepair for years until it finally simply fell in. we are a island of residential buildings not a tourist area like clearwater beach. please do not grant them the variances they seek. thanks so much steve and joanne schell. Gas prices getting you down? Search AOL Autos for fuel-efficientU$~c:l<::gI$. 71212008 . e Page 1 of 1 Wells, Wayne From: Marysunshinezta@aol.com Sent: Tuesday, July 01, 2008 3:22 PM To: Wells, Wayne Cc: Cynthia@ProRemLaw.com Subject: LEGG MASON APPLICATION #FLD 2008-02202 Dear Mr. Wells, I would like to respond to the statements issued by Legg Mason in regard to their proposed development of property on Gulf Boulevard immediately across from my (homestead exempt--for many years) condo home in The Harbour. As a five generation Floridian and home owner in Pinellas County, I object to the Legg Mason assertion that we are not a neighborhood simply because many of the residents here are retired and--yes--do spend portions of each year in other places. The majority of homeowners in my condominium do not rent their units, and we greatly enjoy the benefits of residential life in this lovely area. We do NOT want this to change. Granted, Sand Key Park (some several blocks away, adjacent to two large Sand Key hotels) does have frequent non-resident visitors. We, at Sand Key's other end, are residential. I would like, with all due respect to Legg Mason's carefully-worded proposal(s), to have any and all zoning change applications denied. If this firm truly wishes to preserve the ambiance of our community, they will not need increased height for their proposed structure, or any of the several other wished-for zoning changes. I did attend two meetings with the Legg Mason representatives (2/4/08; 3/5/08) and, frankly, I was appalled at their seeming disregard to our community's objections of their proposals. If Legg Mason defines "numerous meetings" by the number TWO, then we also have a problem of math disagreement. Please consider my objection to the Legg Mason project and it's adverse impact to what I consider my HOME. Sincerely, Mary G. Barcellona 1591 Gulf Blvd Clearwater, FI 33767 Gas prices getting you down? Search AOL Autos for fuel-efficient used cars. 7/112008 . e Page 1 of 1 Wells, Wayne From: Kellertoo@aol.com Sent: Tuesday, July 01, 2008 3:09 PM To: Wells, Wayne Cc: Kellertoo@aol.com Subject: RE: Cabana Club Beach Hotel Dear Mr. Wells: I understand that Legg Mason has told you that the Cabana Club Condominium board has stated in writing that they are in favor of the proposed hotel and its design. I am the President of the Cabana Club Condominium Association, Inc. Please be advised that the Board has never made a motion or voted to approve the building of the proposed Cabana Club Hotel. The Board never put anything in writing to approve the hotel. A survey of our residents, that was done months ago, is no longer valid because the information was incomplete and was not based on the current plans. Sincerely, Rosemary Keller President, Cabana Club condominium Board Gas prices getting you down? Search AOL Autos for fuel-efficient used cars. 7/1/2008 . e Page 1 0(2 Wells, Wayne From: PhyllisZeno@aol.com Sent: Tuesday, July 01, 2008 1 :13 PM To: Wells, Wayne Subject: THe Cabana Club Hotel proposed by Legg Mason 1586 Gulf Boulevard, #2501 Clearwater, Florida 33767 July 1, 2008 Mr. Wayne Wells Planning Dept. PO Box 4748 Clearwater, FL 33758-4748 Re: FLD2008-02002 -1590 Gu1fBoulevard Dear Mr. Wells: I have reviewed comments made to you by Legg Mason claiming that "the Cabana Club Condominium Board has stated in writing that they are in favor of the proposed hotel and its design." From December 2005 through January 2008, I was secretary of the board of the Cabana Club Condominium Association, at which time I became Acting President until I resigned in March 2008 for personal reasons. Since my resignation I have attended all Cabana Club Condominium Association meetings. At no time when I was a member of the Board, or when I attended as unit owner, did the Board ever entertain a motion about the plans ofLegg Mason to build its proposed hotel, and it certainly has not made a statement in writing that it is in favor of the Cabana Club Hotel being built on the property adjacent to our condominium. The statements that appear in Legg Mason's submittal are totally false. See below: 1. Exhibit A, Comment to Response # 1, p. 2, last sentence of the 1 st full paragraph. 2. Exhibit B, Comment to Response #1, p. 11, last sentence of the 3rd full paragraph. Also the statements that the majority of our Cabana Club Condominiums are maintained for short term rental purposes is equally false. Our condominium rules state that our condos shall not be rented for less than six months and one day. Although some ofthe units have absentee owners, they remain vacant when the owners are not present. The condo owners in the south end of the Cabana Club who are directly affected by a hotel next door include myself, (2501) Shamsah Shidi (2201) , Richard Wright (2401), all of whom maintain homestead exemptions. Ted Zorbas, Penthouse; Billy Mitchell, 2701, are absentee owners who do not rent their units. Ed Mortellaro, 2601, has just rented his unit for one year. All of us are opposed to any easements or variances for the hotel next door as are many other residents in Building II as well as current board members who reside in Building 1. We urgently ask that you deny Legg Mason's requests and that they be made to correct such 71112008 . . Page 2 of2 inaccurate and false statements. Sincerely, Phyllis W. Zeno Former Secretary and Presiding President, Cabana Club Condominium Aswsociation Gas prices getting you down? Search AOL Autos for fuel-efficientW~~.9~Q~. 7/1/2008 PHYLLIS W. ZENO 1586 Gulf Boulevard, #2501 Clearwater, Florida 33767 July 1, 2008 Mr. Wayne Wells Planning Dept. PO Box 4748 Clearwater, FL 33758-4748 Re: FLD2008-02002 -1590 Gulf Boulevard Dear Mr. Wells: I have reviewed comments made to you by Legg Mason claiming that "the Cabana Club Condominium Board has stated in writing that they are in favor of the proposed hotel and its design." From December 2005 through January 2008, I was secretary ofthe board of the Cabana Club Condominium Association, at which time I became Acting President until I resigned in March 2008 for personal reasons. Since my resignation I have attended all Cabana Club Condominium Association meetings. At no time when I was a member ofthe Board, or when I attended as unit owner, did the Board ever entertain a motion about the plans of Legg Mason to build its proposed hotel, and it certainly has not made a statement in writing that it is in favor ofthe Cabana Club Hotel being built on the property adjacent to our condominium. The statements that appear in Legg Mason's submittal are totally false. See below: 1. Exhibit A, Comment to Response #1, p. 2, last sentence of the 1 sl full paragraph. 2. Exhibit B, Comment to Response #1, p. 11, last sentence ofthe 3rd full paragraph. Also the statements that the majority of our Cabana Club Condominiums are maintained for short term rental purposes is equally false. Our condominium rules state that our condos shall not be rented for less than six months and one day. Although some of the units have absentee owners, they remain vacant when the owners are not present. The condo owners in the south end of the Cabana Club who are directly affected by a hotel next door include myself, (2501) Shamsah Shidi (2201) , Richard Wright (2401), all of whom maintain homestead exemptions. Ted Zorbas, Penthouse; Billy Mitchell, 2701, are absentee owners who do not rent their units. Ed Mortellaro, 2601, has just rented his unit for one year. All of us are opposed to any easements or variances for the hotel next door as are many other residents in Building II as well as current board members who reside in Building I. . . We urgently ask that you deny Legg Mason's requests and that they be made to correct such inaccurate and false statements. Sincerely, Phyllis W. Zeno - . - Page 1 of2 Wells, Wayne From: Cynthia L. Remley, Esq. [Cynthia@ProRemLaw.com] Sent: Tuesday, July 01, 2008 12:45 PM To: Wells, Wayne Subject: Case #: FLD2008-02002 (1590 Gulf Blvd.) Importance: High Hi Wayne: We wanted to share with you some comments about Legg Mason's Responses to you of June 11,2008: 1. Boat Dock - Comment No.6: With respect to Legg Mason's purported right to use a dock, please see the attached memo from Alan Zimmet. 2. Traffic, Parking, Comprehensive Infill Redevelopment Criteria, Height, Coastal Construction Control Line and Public Access Easement - Please see the attached "LM Issues" document. 3. Restaurant Size - We believe that the Applicant should provide the square footage ofthe proposed new restaurant, calculated as the City does, to include restrooms and all kitchen, preparation, lobby, storage, and service areas. 4. Adverse Effects on Adjacent Properties with respect to Visual, Acoustic, Olfactory and Hours of Operation - Exhibit B, Criteria and Response No.6: The comments completely omit any mention ofthe Isle of Sand Key Condominium Building which is adj acent to the east and south of the proposed development. The Applicant has not accurately commented on the adverse impact, especially visual, to all ofthe surrounding and adjacent properties. 5. Turtle Nest - CMA has identified 3 Sea Turtle Nests on Sand Key, one of which is located near this property. It is not clear how the Applicant's proposed plans will protect and preserve the habitat of sea turtles and other wild life. 6. Public Access Easement OR6848 - We do not understand how the City can allow this easement to be obstructed in any manner. 7. Meetings With Adjacent Property Owners - Comment No. 44: Applicant's representations concerning past meetings and current discussions, is not accurate. There have been only two public presentations by the Applicant to all Sand Key residents: (1) February 4th, Banquet Room on the 3rd floor of the Cabana Club Restaurant; and (2) March 5th, at a public meeting of the SKCA held at the Clearwater Sailing Center located on Sand Key. Presentations were conducted BEFORE the Applicant had completed and disclosed that its development plans included the area up to and seaward of the CCCL. The Applicant has refused the request of the residents' attorney to conduct another public meeting on Sand Key to support the greatest attendance possible by the residents who will be impacted by this proposed development. 8. Cabana Club Condominium Board - Applicant represents in Exhibit A, Comment 1, p. 2 and in Exhibit B, Comment 1, p. 11, ".... that the Cabana Club Condominium Board has stated in writing that they are in favor ofthe proposed hotel and its design." We believe that there is no document supporting the inference and claim that the Board voted upon and put into writing, favorable approval of the "proposed hotel and its design." Numerous Cabana Club Condominium residents have expressed their opposition in petitions and donations to the legal fund of a neighborhood group that opposes the plans and seeks redevelopment ofthis site without variances. 7/1/2008 . . Page 2 of2 Cynthia L. Remley SAVE OUR NEIGHBORHOOD Direct (727) 215-9711 e-mail: CYJ1Jhia@FmR~mLaW_,cmn 7/1/2008 . . ZIMMET, UNICE & SALZMAN, P.A. ATTORNEYS AT LAW JEFFREY D. JENSEN FABIAN R. LoKENAunI KEVINM. MFKLER HUONG T. NGUYEN ANDREW J. SALZMAN T.R. UNlCE. JR. -- ALAN S. ZIMMEr-/I 2570 CORAL LANDINGS BOULEVARD SUITE 201 PALM HARBOR. FwRIDA 34684 Telephone: (727) 723-3772 Facsimile: (727) 723-1421 Spring HiD: (352) 683-5040 WEBSrrn: www.zimmetunice.com MAILING ADDRESS: P.O. BOX 15309 CLEARWATER, FL 33766 .Board Certified in City, CoUDty and Local Government ..Board Certified Civil Trial Lawyer # Certified Circuit Court Mediator MEMORANDUM Via electronic mail TO: Cynthia L. Remley, Esq. Alan S. Zimmet, E~. p Legg Mason's Application for Flexible Development Approval FROM: RE: DATE: June 30, 2008 This memorandum will address a few legal issues raised by my review of the most recent application submitted by Legg Mason to the City of Clearwater. Belleview Biltmore has no easement for the docks. Based on my review of the property records and the title search, Legg Mason does not have a valid easement to use the docks which they propose to use for the benefit of the Belleview Biltmore. In December 1978, R.C. Development granted an easement to Powell, Stevens, and the Peabody Investment Company, which at that time owned the Belleview Biltmore Hotel, titled "Easement created for the use of surface waters and submerged lands", which is recorded at O.R. 4804 page 1491 of the Pinellas County records. Paragraph 1 of the Agreement states that the the Grantor in part, " hereby grants and conveys personally unto the GRANTEES and their successors and assigns, (a) a perpetual and non-exclusive easement over schedule "B" submerged lands". Paragraph 5 of the agreement also states that " it is the intention of this grant of easement that the lands on Schedule "C" shall be exclusive and penonal 00113099.WPD . . unto the GRANTEE...and said easement shall not run with any land of the GRANTEE, but shall run with the land of the GRANTOR and the easement granted unto the GRANTEE shall be personal unto the GRANTEE." However, in 1990, Powell, Stevens and the Peabody Investment Company executed an "Assignment of Easements", attempting to transfer their personal easement interest to the Mido Corporation. Paragraph 5 of the Assignment stated, "that the easements herein recited shall run as an appurtenance to the real property." In 1997, the Mido Corporation attempted to convey its easement interest by executing an "Assignment of Easements" to the Belleview Biltmore Resort, Ltd, which is recorded at O.R 9672 page 995. In June 2007, the Belleview Biltmore Resort, Ltd conveyed several easements to the Belleview Biltmore Owner, LLC (a subsidiary ofLegg Mason) via a "Special Warranty Deed, recorded at O.R 15866 page 882. However, the Special Warranty Deed did not mention the dock easement. There are two types of easements discussed in the above mentioned agreements. To determine the validity of the Mido Assignment, we first need to explain the difference between an "easement appurtenant" and an "easement in gross". An "easement appurtenant" is permanent, runs with or is attached to the land and has a dominant and servient estate. An "easement in gross" is a personal privilege independent of ownership or possession of a separate tract of land, without a dominant or servient estate, and does not run with the land. Under Florida law, if the language in the easement agreement does not permit a specific act to be done, the result will be either that the provision against transfer is ineffective or that the easement is extinguished. In this situation, paragraphs (1) and (5) of the December 1978 Easement clearly stated RC. Development's intention that the easement was to be penonally conveyed to the grantees, thus creating an easement in gross. The Agreement does not contain any language which permits the grantees to change the personal easement into a permanent easement appurtenant. Consequently, the 1990 Mido Corporation Assignment invalidly attempted to convert the easement in gross to an easement appurtenant, or one that ran with the land. Therefore, the Assignment is invalid and of no force and effect. It did not create any easement rights in Mido Corporation. Furthermore, when Mido sold the Bellview Biltmore to the current owner, it therefore could not have the effect of transferring the easement to the docks, since the original easement did not run with the land. Finally, the Special Warranty Deed in favor of the present owner did not mention the easement. Since the easement does not run with the land, the Special Warranty Deed did not convey any easement rights to the dock. Accordingly, the present owner of the Bellview Biltmore does not have an easement to the docks. The proposed commercial use of the doeks.loeated on HDR zoned land. is not a le2al non- conformin2 use. In its response to the City's inquiry to provide documentation that the existing boat slip used to transport guests between the site and hotel was legally established, Legg Mason provided aerial photographs and suggests that the dock was constructed sometime after 1957 and probably 001l3099.WPD . . as late as 1965. It relies on the aerials to support its claim to legal non-conforming status of its proposed commercial use of docks located on HDR zoned land. Even if the dock was built as late as 1965, the Belleview Biltmore would not have had the right to either build a dock or ferry guests across the property because the first easement for the property was not granted until 1978 by R.C. Development. Therefore, the earliest the Belleview Biltmore could have had the legal right to use the property was 1978, well after the docks were built according to Legg Mason. Accordingly, Legg Mason's claim that the docks were used legally for commercial purposes back to 1965 is inaccurate. . Legg Mason argues that the dock should be grandfathered-in and the City should allow the Belleview Biltmore's continued use of the dock for commercial purposes. Since there is no permit on file or evidence that the dock was permitted for commercial use when the Belleview Biltmore began using it for commercial purposes, Legg Mason's aerial photographs do not establish that their use of the dock is a legal non-conforming use. Even if the City agrees that Belleview Biltmore's commercial use of the dock to transport its guests was grandfathered-in as a legal non- conforming use, it lost that status because Belleview Biltmore has abandoned the commercial use of the dock. Section 6-103(D) of the City's Community Development Code states that, "in the event a nonconforming use is discontinued or abandoned for six consecutive months, then the use shall not thereafter be re-established or resumed". The Belleview Biltmore has not used the dock for commercial purposes for more than six months. Accordingly, the dock has lost its grandfathered status as a commercial use and the City should not now allow the commercial use of the dock located on property zoned HDR. OO1l3099.WPD . . QUESTIONS/ISSUES RELATING TO PROPOSED LEGG MASON HOTEL/RESTAURANT PROJECT ON SAND KEY 1. Traffic: It appears that the City should be requiring a Traffic Impact Study for this proposed project since it appears to generate in excess of 1,000 vehicle trips/day. Using ITE ih Edition, motel rooms generate 9.11 trips a day/room and a high turnover sit down restaurant generates 127.15 vehicle trips a day/1,OOO sf. or 6.21 trips/seat on Saturdays. Based on this, 38 motel rooms generate 346.18 trips a day and a 125 seat restaurant generates 776.25 trips a day for a total of 1122 vehicle trips a day. Additionally, the information from the applicant indicates that their guests will be dropped off on the opposite side of Gulf Blvd. and will have to cross Gulf Blvd. The applicant has not addressed any safety issues regarding this plan. 2. Parking: If the restaurant is going to be open to the public, it should provide parking in addition to the motel guest parking to accommodate these patrons. Section 1401(C) of the City land development regulations allow the Community Development Director to require a Parking Demand Study. It seems appropriate to request this study from the applicant given the apparent shortage of spaces for both a restaurant and a hotel. Under Section 1405 of the City development regulations, a matrix is provided for the percentage of parking for different land use types need during different times of the day. This is provided to show that shared parking can accommodate the site's needs. Based on that matrix, both restaurants and overnight accommodations need 100 percent of their required number of spaces in the evenings, which implies that the proposed number of spaces is insufficient to meet the anticipated demand. Additionally, the code requires all parking to be located within 600 feet of the use, so it is questionable that legal, off-site parking can be provided. The applicant also discusses the possible use of valets for customer parking. Where will the valets park the cars? Do they have a legally binding contract to valet park on a property that conforms to City requirements? Under the City's Comprehensive Infill Redevelopment Project criteria, the Development Coordinator at the City decides upon the required number of parking spaces based on either ITE or the specific uses. 3. Comprehensive Infill Redevelopment Criteria: . . The development code states that in order to qualify as a Comprehensive Infill Redevelopment Project, the project must meet certain specific criteria. There are criteria that state that the proposed project must provide redevelopment in an area characterized by other similar developments. It also requires that setback, lot width, and height variances must support the established or emerging character of the area. Since the site is a commercial site in an otherwise exclusively residential area, it cannot meet the setback, lot width requirements or the height limitations, and the proposed development does not appear to meet these criteria. 4. Height: While the applicant is providing the height of the proposed building as defined in code, they have yet to provide a real height for the project. It would be beneficial and enlightening to know exactly how high the building will be, as measured from existing finished grade to the peak of the highest roofline. That is the only way that the height can be meaningfully measured relative to other structures in the area. 5. Coastal Construction Control Line The applicant claims that the proposed CCCL setback is the same as the adjoining properties, but that is questionable based on looking at the existing building line. It would be appropriate for the applicant to provide a plan view drawing of the site plan with the Coastal Construction Control Line shown so that it is clear what portions of the development are seaward of that line. It would also be beneficial to have a drawing that shows the proposed site plan and the existing adjacent buildings and show the CCCL along all of these to show that the setbacks are identical, as stated by the applicant. 6. Public Access Easement When questioned about the blockage of the existing public access easement, the applicant responded that break-away structures would be in there. Breakaway is not the same thing as clear passage. The applicant needs to address where they infringe upon the public access easement by showing it on the site plan, along with the CCCL line. . . Page 1 of 1 Wells, Wayne From: Presslnc@aol.com Sent: Thursday, June 26, 2008 9:09 PM To: Wells, Wayne Cc: Cynthia@ProRemLaw.com Subject: Pressman: Legg mason Elevations Wayne, in regard to how the site plans and elevations that were submitted by Legg Mason, I have one critical concern on how the elevations look and are portrayed for the proposed site. This specifically refers to the proposed Gulfward expansion of their plans. Critically, and on such a crucial component, my opinion is that it is impossible to determine and see the encroachment of their proposal past the CCCL line in any reasonable fashion - particularly as it relates to the other existing structures out there. This is a pivotal element for the public to see and understand. Sheet A-6.01 , the reduced color elevation, in my opinion is misleading. 1) It shows their Gulfward expansion as equal to some kind of line with Dan's Island's rear existing site. As a neighbor, there is no green area or grass that exists back there and it is my opinion that this elevation is made up to make it look like the 25' gulf ward expansion is equal to what Dan's Island has - which is absolutely and totally not the case as I understand it. 2) They are also proposing a "composite railing system" that is not shown. The resulting effect of this sheet shows that it is completely open to the public with no barricade - which is not the case as I understand it. 3) I have seen different numbers assigned to the elevation of this Gulfward expansion - that needs to clearly be depicted and readable and understood versus neighboring properties. This must all be corrected and accurately depicted, in my opinion. This must also include the neighbor to the North, the Cabana Club rear existing area and rear existing development lines. All of the above also should be included sheet A-6.08, in my estimation. The cover reduced color sheet of the same packet - no sheet number. This sheet does not depict the 2 neighboring properties and there is zero ability to determine how far the Gulfward expansion or the affect of the expansion is proposed without a clear and direct reference to the 2 neighboring properties and their rear existing development lines. I would ask in the most serious regard that these be corrected and accurately depicted, in my opinion, in order for the public to begin to understand what is proposed here. What is proposed is an expansion onto public lands which appears to be a precedent on Sand Key and on the most precious resource the City has and the public must have a clear and unequivocal accurate view of what is proposed. Thank you. Todd Pressman, President, Pressman & Assoc., Inc. 28870 U.S. Highway 19, N., #300 Clearwater, FL 33761 Cell, 727-804-1760. Ofc. 727-726-8683. Fx. 727-669-8114. Alt. Fx. 727-725-2933 Gas prices getting you down? Search AOL Autos for fuel-efficientl,Jsel;L~;3I~. 6/27/2008 PRESS~N & ASSO<<.~ INC. GOVERNMENTAL AND PUBLIC AFFAIRS 28870 U.s. HIGHWAY 19, N., SUITE #300, CLEARWATER FL 33761 PH. 727-726-VOTE (8683), FX 727-669-8114 OR 727-796-3975 CELL, 727-804-1760, E-MAIL.PRESSINC@AOL.COM ORIGINAL RECEIVED JUN 2 t 2008 Responses to the June 11th Submittal for FLD2008-02002- 1590 Gulf Blvd. Comprehensive Development Criteria/Opinions Expressed by Todd Pressman PLANNING DEPARTMENT CITY OF CLEARWATER Section D. Item 1. Most critical in this section is that the applicant attempts to present the use of a "substantial" number of the residential properties on Sand Key as other that what they are - residential. The applicant takes one step to communicate that a significant portion of these properties are not homesteaded. The applicant then takes a tremendous second leap, in my opinion, that because they are not homesteaded - "it is highly likely that some or all. . . are rented to tourists on a transient basis" . Further research by the applicant would find this to be false, in my opinion. Per a very recent study that was completed by SOS, and then disseminated to the media and City officer's, found that the residential buildings that surround this proposed project all only very long term lease requirements, if leased at all. Of those long term leases, all the condo or home owners associations require a background check or interview or pre-orientation review to approve the lease: - Cabana Club, abutting to the North, 120 day minimum rental allowed. - Dan's Island, abutting to the South, 365 day minimum rental allowed. _ Isle of Sand Key, adjacent/directly across the street, minimum 90 day rental allowed. - Marina Del Rae, across the street, 180 day minimum rental allowed. - The Harbor, across the street, 90 day minimum rentals allowed. The same SOS study revealed that 75% of the homes on Sand Key require a 90 day or longer rental period and that the 2 hotels, the Sheraton and Marriot, comprise less than 6% of the total acreage on Sand Key. The applicant continues to state that the character of Sand Key is a "... high rise multi-family and resort development style". As presented in the earlier submittal, this part of Sand Key is all residential in style and use. There simply are no other uses in the vicinity. The other hotels, shopping and County park that are referred to by the applicant exist at about a mile away at the very North end of Sand Key. I would also like to relate as an owner in this South Sand Key PRESS~N & ASSO<<.'1 INC. GOVERNMENTAL AND PUBLIC AFFAIRS 28870 Us. HIGHWAY 19, N~ SUITE #300, CLEARWATER FL 33761 PH. 727-726-VOTE (8683), FX 727-669-8114 OR 727-796-3975 CELl, 727-804-1760, E-MAIl.PRESSINC@AOL.COM Pg. 2lLegg vicinity that there is a very real definitive residential community that exists and a very definitive residential character (somewhat in the "urban style" with the big buildings) is very much enjoyed by everyone out there. It is quiet; you see your same neighbors, people walking a lot of dogs, people riding a lot of bikes, people and neighbors getting together in the evening in club rooms and gathering at the Beach or the pool. Item 2. d. The two prior similar City actions on this project site - both denials - by the City Commission - displayed significant and quantitative information on the tremendous cost that surrounding units would suffer is still applicable. This information is again being gathered. The critical factor of allowing a Commercial use many times beyond what is called for in the code will be devastating - and 100% against the recent direction by the City Commission of not allowing hotels to have increased density in Commercial zones. e. The argument presented by the applicant, that worse uses would result at this site if this use is not approved, I find in my opinion as misleading at best. First, the use that is sought is a very intensive use. Hotel & parking for a large number of people, a 24 hour use, a restaurant of 125 seats, a pool bar and what appears to be an interior bar in the restaurant and tables on the outside deck (plans submitted are not definitive on those uses), transporting people by boat (. . . walking across Gulf Blvd. for access) and van from the Bellview Biltmore are very intensive uses. Then, or course, with the applicant seeking an array of flex's and modifications many times far beyond code levels, the intensity of what is proposed, in my opinion, is to the far extreme. However, when the applicant throws out that this use will be better compatible than other uses allowed in the Commercial category - that is simply not the case, in my opinion. The commercial use is allowed now, to a small scale and that is acceptable in the small nature that is held back by the code limits. It is limited, it is controlled But, when the applicant throws out "vehicle sales", the applicant does not indicate that that use would apparently be a Flexible Development Standard and it appears would not meet a strong standard in the City Code: T. Vehicle sales/displays. PRESSl\M.N & ASSO<<.2 INC. GOVERNMENTAL AND PUBLIC AFFAIRS 28870 Us. HIGHWAY 19, N., SUITE #300, CLEARWATER FL 33761 PH. 727-726-VOTE (8683), FX 727-669-8114 OR 727-796-3975 CELL, 727-804-1760, E-MAIL.PRESSINC@AOL.COM Pg.3/Legg 1. The gross floor area of enclosed buildings is at least 7,000 square feet; 2. The parcel proposed for development is not contiguous to a parcel of land which is designated as residential in the Zoning Atlas; The same situation is apparently found for when the applicant refers "automobile service station": D. Automobile service stations. 1. The parcel proposed for development is not contiguous to a parcel of land which is designated as residential in the Zoning Atlas; 2. The use does not involve the overnight, outdoor storage of automobiles; 3. No more than two service bays front on a public street. The same apparently applies to nightclubs that the applicant states would be a problem: 1. Nightclubs. 1. The parcel proposed for development is not contiguous to a parcel of land which is designated as residential in the Zoning Atlas; The same apparently applies to alcohol beverage sales, as the applicant states (the applicant apparently refers to package sales of alcohol, but also refers to nighclubs: C. Alcoholic beverage sales. 1. The parcel proposed for development is not contiguous to a parcel of land which is designated as residential in the Zoning Atlas; The project site is surrounded by residentially zoned and used buildings. PRESS~N & ASSO<<.') INC. GOVERNMENTAL AND PUBLIC AFFAIRS 28870 U.S. HIGHWAY 19, N., SUITE #300, CLEARWATER FL 33761 PH. 727-726-VOTE (8683), FX 727-669-8114 OR 727-796-3975 CELI.., 727-804-1760, E-MAII...PRESSINC@AOL.COM Pg. 4/Legg It is critical to realize here, at this point, under my conjecture, that the applicant states business uses that he seeks under this application for this proiect. which are also the same listed by the applicant as uses that will cause. "... substantially more noise and traffic. create a peak activity much later in the evening than the proposed hotel and will likely have the effect of altering the characteristics of the neighborhood to a significant degree". The Future Land Use Element, 3.2.3, the siting of a commercial use, directs that there should be no impacts to surrounding residential neighborhoods. For example, those duplicate uses listed by the applicant include a restaurant, listed as both uses desired under this application and uses that will cause. . ." altering effects on the neighborhood". Another use mostly duplicated for both arguments includes the sale of alcohol beverages and a nightclub. In the restaurant (it appears that a bar exists in the restaurant - but it is not specifically labeled). Additionally, in this vein, there is an outside Pool Bar that connects to the restaurant and that contains 48 seats on the building plans, let alone the pool deck area which is also adjacent to the pool bar and restaurant which also shows seating adjacent to the restaurant with a door for access. Item 4. The applicant notes that all parking will be maintained on site. It is curious in that the only use that is calculated under the applicant's parking calculations is the hotel - that is apparently summarized as "1 space per unit or 38 spaces". The applicant states no substantiation for this level of parking in the submittal, but states that they are providing in excess of parking required under the code. The only reasonable direction that the applicant is taking, in complete conjecture here, is that the restaurant is considered an accessory use and therefore no parking for that use is needed. It is hard for myself to imagine that a 125 seat restaurant will not generate any parking beyond hotel guests. Although there is no stated square footage for the restaurant and it is very difficult to measure out the confines on the building plan (it is an irregular shape) a wide berth measurement and guess would probably be about 4,000 SF. Just to get an idea of what is normally required for a 4,000 SF restaurant, the City code would require 60 parking spaces. The City code defines an accessory use as: Accessory uses means a use which: 1) is subordinate to PRESSlVIf\.N & ASS~., INC. GOVERNMENTAL AND PUBLIC AFFAIRS 28870 u.s. HIGHWAY 19, N., SUITE #300, CLEARWATER, FL 33761 PH. 727-726-VOTE (8683), FX 727-669-8114 OR 727-796-3975 CELL 727-804-1760, E-MAIL PRESSINC@AOL.COM Pg. 5/Legg and serves a principal use; 2) is subordinate in area, extent, and purpose to the principal use served; 3) contributes to the comfort, convenience or necessities of the users or occupants of the principal use; and 4) is located on the same lot as the principal use. By virtue of their description already submitted, that the restaurant service will be open to the public, but a priority will be given to the hotel and Belleview Biltmore guests, it appears that they are already outside of the accessory use description under the City's definition, in my opinion. The accessory use definition says it is to serve the principal use. The principal use is the 38 unit hotel. The submitted description already states that the use is not to serve just the principal use - but 2 other entities as well. Those being stated as the public and the visitors from the Belleview Biltmore hotel. Further, the current site, by observation of this neighbor, holds weddings and apparently other banquet activities along with what, again, appears by observation, to be a very busy late night gathering location with live music. Do these activities, which would be assumed to be in conjunction and added to the above with the proposed restaurant operation and still in effect in the proposed use, still let the restaurant be classified as an accessory use? The area of the restaurant appears as quite large. In fact, in my opinion, the whole restaurant operation appears to start to rival the foot print of the hotel portion itself Add in service to the expansive pool deck immediately adjacent to the pool deck (and a door for access) and it becomes quite large. The applicant notes that service will be open to the public but that priority will be to hotel guests. It appears personally to me that with only 38 hotel rooms entirely, there will be plenty of tables and seats left for the public. The operators of this proposal have boasted many times that this use will be a five star location (and it is assumed here a five star restaurant...). It is personally hard to believe that a five star restaurant will be only an accessory use for 38 hotel rooms. Item 6. Critically, please be aware the several reductions in setbacks they request and support and desire is the very far from typical condition in this part of South Sand Key (please see pictures included) where tremendous open space and setbacks exist. These setbacks requested are, in my opinion, clearly out of character, out of scale, detrimental to the public and overwhelming for the site in the immediate area. PRESSM~N & ASSO..'1 INC. GOVERNMENTAL AND PUBLIC AFFAIRS 28870 U.S. HIGHWAY 19, N., SUITE #300, CLEARWATER FL 33761 PH. 727-726-VOTE (8683), FX 727-669-8114 OR 727-796-3975 CELL, 727-804-1760, E-MAIL.PRESSINC@AOL.COM Pg. 6/Legg Further, the Comprehensive plan specifically calls for no obstructions of views where public access is designated. This project appears to directly and specifically be in opposite design as the Comprehensive Plan calls for. 25.6.6 Shoreline development shall be prohibited from obstructing views of the Gulf of Merico, Clearwater Harbor and Old Tampa Bay where public access is designated. Incredibly, and for the record, the applicant refers to adjacent properties but completely ignores one of the biggest and dense residential structure located right across the street - closer than one of the Harborage residential structures that are specifically included in the applicant's submittal- and the ISK building is included on their own renderings (see aerial photo at the end of this document). This would be the Isle of Sand Key building with over 100 separate owners, again right across Gulf Blvd... With prior photos shown and submitted already, it appears obvious that there is absolutely a reduction, damage and in some cases a severe elimination of the Gulf view from each of these these many adjacent buildings. In regard to minimization of the project to reduce negative impacts from surrounding property's, there are many buildings on Sand Key that are oriented at 90 degrees to the Gulf: and other projects that maintain slim building designs and plenty of open space on Sand Key - including the surrounding buildings. These elements make and keep the beautiful open nature of Sand Key what it is today. Just a couple of examples of minimization below - it is noted that the applicant's orientation is flush to the Gulf Just some existin2 examples of other proiect's visibilitv minimization: . PRESSM~N & ASSO..'l INC. GOVERNMENTAL AND PUBLIC AFFAIRS 28870 U.S. HIGHWAY 19, N., SUITE #300, CLEARWATER FL 33761 PH 727-726-VOTE (8683), FX. 727-669-8114 OR 727-796-3975 CELL, 727-804-1760, E-MAIL.PRESSINC@AOL.COM ~ Pg. 7/Legg PRESSlVII\N & ASSO<<.2 INC. GOVERNMENTAL AND PUBLIC AFFAIRS 28870 Us. HIGHWAY 19, N., sum #300, CLEARWATER, FL 33761 PH. 727-726-VOTE (8683), FX. 727-669-8114 OR 727-796-3975 CELL, 727-804-1760, E-MAIl.PRESSINC@AOL.COM Pg. 8/Legg PRESSMI\N & ASSO€.~ INC. GOVERNMENTAL AND PUBLIC AFFAIRS 28870 US HIGHWAY 19, N~ SUITE #300, CLEARWATER FL 33761 PH 727-726-VOTE (8683), FX 727-669-8114 OR 727-796-3975 CELL, 727-804-1760, E-MAIL.PRESSINC@AOL.COM Pg. 9/Legg In regard to the open space elements - which are extremely prevalent and character inducing all along South Sand Key, there are many examples below of that open nature on both sides of the Key. The applicant seeks extensive setback like reduction "variances" and excessive building coverage on his lot which appear to be inconsistent and out of character of the existing area, in my opinion: ExamDles of the ODen SDace and ODen vard existin2 in South Sand Kev. near the ro . ect area: PRESSMAN & ASSO.., INC. GOVERNMENTAL AND PUBLIC AFFAIRS 28870 Us. HIGHWAY 19, N., SUITE #300, CLEARWATER FL 33761 PH. 727-726-VOTE (8683), FX. 727-669-8114 OR 727-796-3975 CELl, 727-804-1760, E-MAIl.PRESSINC@AOL.COM Pg. 10/Legg PRESSMt\.N & ASSO€., INC. GOVERNMENTAL AND PUBLIC AFFAIRS 28870 U.S. HIGHWAY 19, N., SUITE #300, CLEARWATER FL 33761 PH 727-726-VOTE (8683), FX. 727-669-8114 OR 727-796-3975 CELl, 727-804-1760, E-MAIl.PRESSINC@AOL.COM Pg. 11/Legg PRESSlVIIlN & ASSO..~ INC. GOVERNMENTAL AND PUBLIC AFFAIRS 28870 U.S. HIGHWAY 19, N., SUITE #300, CLEARWATER, FL 33761 PH 727-726-VOTE (8683), FX. 727-669-8114 OR 727-796-3975 CELL, 727-804-1760, E-MAIL.PRESSINC@AOL.COM Pg12/Legg PRESSMIlN & ASSOfi.2 INC. GOVERNMENTAL AND PUBLIC AFFAIRS 28870 U.S. HIGHWAY 19, N., SUITE #300, CLEARWATER FL 33761 PH 727-726-YOTE (8683), FX. 727-669-8114 OR 727-796-3975 CELl, 727-804-1760, E-MAIl.PRESSINC@AOL.COM Pg. l3lLegg ~ The reduction of the existing restaurant location to one less floor than current is of little advantage in that virtually all of the restaurant building is behind the main hotel and is blocked by the hotel structure to anyone across the street or to the South - as is the largest and most dense residential neighbor. My opinion of the setbacks in general are that they are needed and desired only to carry the desired mass and scale that is needed for the project, of which is, in my opinion, far out of scale for the site and the small property. The 250% increase in height must be tied to the commercial nature of this proposed use and cannot be anything other than what is considered to be spot zoning, in my opinion. Further, the heights of the residential uses now were allowed under old codes that are now different on that matter. In regard to minimization, a developer cannot come in and ask for a 250% increase in height and then say that they have taken steps to reduce the burden inflicted upon others by that PRESSlVM.N & ASSO[.'l INC. GOVERNMENTAL AND PUBLIC AFFAIRS 28870 US HIGHWAY 19, N., SUITE #300, CLEARWATER FL 33761 PH 727-726-VOTE (8683), FX. 727-669-8114 OR 727-796-3975 CELl, 727-804-1760, E-MAIl.PRESSINC@AOL.COM Pg. 14/Legg height. You cannot bring an elephant into a living room, when only a dog is allowed, remove one leg of the elephant, and then say you've done a lot to reduce the height of that elephant. The discussion of the setback to the rear CCCL is interesting - in that they intend to continue development and activity past the CCCL - which is believed to be completely and totally unprecedented on Sand Key Beach. This is a Beach that was restored with tax payer funds and now is proposed to be used by a private entity for their private operation. Simply put, this encroachment now stated as 25' seaward of the CCCL line, and at an elevation above the beach, with a composite railing system - excluding the public - is far out of the envelope and will change the entire character and natural lay out of the beach, in my opinion. The next question is, if this is allowed, where does it end? The Comprehensive Plan lays out item after item regarding the pristine and cautious use of the most important natural resource the City has - the beaches - and this proposal seems to fly in the face of that. Item 6 C. The proposed use has been presented to be neither a part of the emerging nor the established character of the area, in my opinion. To my understanding, the lot width was a factor that was determined by the property owners, in their development of the Cabana Club hotel. For the record, note that this is a 44% reduction in the required lot width. The size of that lot was a chosen direction of the property owner at that time. The direction was set and put in stone at that time, in terms of the density and use capabilities of the site. While the lot may be Non-Conforming, it is still believed to be woefully short of the general area's lot sizes for a use of that nature, in my opinion. The fact that there is no ability to expand the lot width falls again on the applicant, who has come into control of this property knowing (or should have discovered in due diligence. . .) that the lot width was determined under the owner's control a long time ago. The scale of Commercial use is just simply not present anywhere near this site and was not supported by the Commission in their recent vote to hold back density of Hotels in the Commercial categories. PRESSMt\.N & ASSO€., INC. GOVERNMENTAL AND PUBLIC AFFAIRS 28870 U.S. HIGHWAY 19, N~ SUITE #300, CLEARWATER FL 33761 PH 727-726-VOTE (8683), FX. 727-669-8114 OR 727-796-3975 CELl.., 727-804-1760, E-MAII...PRESSINC@AOL.COM Pg. 15/Legg Item 6 d. It is important to note, in my opinion that one obvious purpose of the architectural approach of the roof design was to allow the applicant to count only half of the roof height in the total height measurement - which is permissible under the current code. With the roof design on a very significant angle, covering a great deal of the upper portion of the building, the applicant only has to count ~ of the roof height in the official measurement of the total height and the resulting proposed "variance" requested under the application. Lastly, an aerial photo is attached that lays out the location of adjacent structures. These are approximate distances only. This was accomplished with measurement tools on Google Aerials and with an approximation as to where property lines are laid out - which is not a part of the Google mapping system: ... ~ '-..' . PRESSMl\.N & ASSO€., INC. GOVERNMENTAL AND PUBLIC AFFAIRS 28870 U.S. HIGHWAY 19, N~ SUITE #300, CLEARWATER FL 33761 PH 727-726-VOTE (8683), FX 727-669-8114 OR 727-796-3975 CELL, 727-804-1760, E-MAIL.PRESSINC@AOL.COM Pg. 16/Legg . . Page 1 of 1 Wells, Wayne From: Presslnc@aol.com Sent: Sunday, June 15, 2008 9:35 PM To: Wells, Wayne Subject: Pressman: legg mason Proposal I am attaching a review I completed of the Comprehensive Plan of that I am sure you will take a good look at. Thank you. Todd Pressman, President, Pressman & Assoc., Inc. 28870 U.S. Highway 19, N., #300 Clearwater, FL 33761 Cell, 727-804-1760. Ofc. 727-726-8683. Fx. 727-669-8114. Alt. Fx. 727-725-2933 Vote for your city's best dining and nightlife. City'_~L6J;l_st2QQ~l. 6/1612008 . e Clearwater Comprehensive Plan Issues of Concern Regarding the Legg Mason Proposal FLD2008-02002 - 1590 Gulf Blvd. CONSERVATION ELEMENT 25.6 Objective - The City shall continue to protect beaches, sand dunes, and dune vegetation for their natural function and for their recreational open space uses. Policies 25.6.1 Motor vehicles shall be prohibited from parking on all City beaches. 25.6.2 Unauthorized motor vehicles shall be prohibited from operating on the City's beaches and dunes. 25.6.3 Development and/or construction of any structures shall not be built seaward of the Coastal Construction Control Line, unless approved by the Florida Department of Environmental Protection and the City of Clearwater. 25.6.4 Beach and beach dunes shall not be disturbed or destroyed by any form of construction or development with the exception of wooden boardwalk structures which provide access to and from beach areas. 25.6.5 All beaches, dunes, and associated vegetation shall be protected by local ordinance. 25.6.6 Shoreline development shall be prohibited from obstructing views of the Gulf of Mexico, Clearwater Harbor and Old Tampa Bay where public access is designated. COMMENT: It is critical to note that a formal City public sidewalk access lies abutting along this entire project site on the South. Conservation Needs Summary . . . The protection, maintenance, and continued management of Clearwater's shorelines, especially its barrier island beach shorelines, is critical. These areas provide an important social and economic function as these natural resources for Clearwater's tourism industry. Clearwater Beach, Sand Key, and the geographic proximity to Caladesi Island State Park are some of the most important and unique resources the City possesses. . Scenic vistas shall remain designated as "scenic non-commercial corridors." They are specifically: Memorial Causeway; Edgewater Drive; Courtney Campbell Parkway; Gulf Boulevard; Bayshore Boulevard; and Belleair Road between U.S. Highway 19 and Belcher Road. COMMENT: I believe this ties into again the desire to further intensify - by many fold - a Commercial operation on what is designated a non-commercial corridor. Some scenic non-commercial corridors on the main land in the County and City have not remained in this directed character. However, this area of Gulf Blvd. is solely residential. GOALS, OBJECTIVES AND POLICIES; FUTURE LAND USE 1.1.1 Any permanent and temporary alteration of Department of Environmental Protection (D.E.P.) jurisdictional or non-jurisdictional wetlands, beach dunes, sensitive soils, or other natural systems shall be prohibited unless such alteration is fully consistent with all local, state, and federal regulations, mitigation and management plans, and permitting procedures that may be applicable, including the wetland vegetative buffer requirement of the City's Community Development Code. COMMENT: I find it personally objectionable that it appears that the applicant may be seeking to not include improvements past approximately 49' from the CCCL Line in all plans submitted to the City. It appears to me that the City has a right to review, comment and make a recommendation of those plans. Further, it is believed that the requested 0' set back appears to not be in line with this element. FUTURE LAND USE ELEMENT . . 3.2.3 Commercial land uses shall be located at the intersection of arterial or collector streets and should be sited in such a way as to minimize the intrusion of off-site impacts into residential neighborhoods. New plats and site plans shall discourage the creation of "strip commercial" zones by insuring that adequate lot depths are maintained and by zoning for commercial development at major intersections. COMMENT: The project is not located as indicated above. It is not located at any intersection. The obvious purpose of this element, in my mind, is that more impacting uses are located at points that can support the use and not be harmed by their activities. Further, the concern of commercial impacts is a serious liveable issue to this residential neighborhood, as supported by the recent City Commission vote not allowing higher hotel density specifically on Commercially zoned parcels. These concerns are further raised by the applicant seeking significantly more impacts to the site, including an approximate 137 seat restaurant, 38 room hotel, bus and boat shuttles, the approximate 260% increase in height (and use...) and strong attractions for the general public above and beyond hotel guests. What is planned for the site far exceeds any ability whatsoever, in my opinion, to minimize any intrusions. COASTAL MANAGEMENT ELEMENT 23.1.2 Development applications shall be reviewed to ensure that proposed new development or redevelopment will not encroach on or remove wetlands or beaches. New development and redevelopment shall be guided away from environmentally sensitive areas and into those most able to withstand impacts. COMMENT: I have been informed by Nicole Elko, in the Pinellas County's Coastal Management Department, that the CCCL line is located 20' Gulfward of the Ultimar project (to the North of the project site and Cabana Condo's) and 10' Gulfward of the Dan's Island project (to the South of the project site). She communicated that before the last beach renourishment, waves were hitting against the Dan's island CCCL line. It appears that the proposal by Legg Mason would obviously have problems with that circumstance. The proposed zero foot setback, and the approximate 49' Gulfward proposal, and as I understand, a then proposed elevated structure, would literally be, in my opinion, so out of . . character, so far beyond what is present on Sand Key and that it could literally be termed a monstrosity. 23.2.2 The specific and cumulative impacts of development and redevelopment upon wetlands, water quality, water quantity, wildlife habitat, and beach and dune systems shall be limited by: strict maintenance of existing setback requirements, adherence to storm water detention requirements, retaining all publicly owned natural habitats in their undeveloped state and transfer of development rights. . . . ORIGINAL RECENED Clearwater Comprehensive Plan Issues of Concern Regarding the Legg Mason Proposal FLD2008-02002 - 1590 Gulf Blvd. JUN 1 ~! 2008 r'LANNING DEPARTMENT CITY OF ClEARWATER CONSERVATION ELEMENT 25.6 Objective - The City shall continue to protect beaches, sand dunes, and dune vegetation for their natural function and for their recreational open space uses. Policies 25.6.1 Motor vehicles shall be prohibited from parking on all City beaches. 25.6.2 Unauthorized motor vehicles shall be prohibited from operating on the City's beaches and dunes. 25.6.3 Development and/or construction of any structures shall not be built seaward of the Coastal Construction Control Line, unless approved by the Florida Department of Environmental Protection and the City of Clearwater. 25.6.4 Beach and beach dunes shall not be disturbed or destroyed by any form of construction or development with the exception of wooden boardwalk structures which provide access to and from beach areas. 25.6.5 All beaches, dunes, and associated vegetation shall be protected by local ordinance. 25.6.6 Shoreline development shall be prohibited from obstructing views of the Gulf of Mexico, Clearwater Harbor and Old Tampa Bay where public access is designated. COMMENT: It is critical to note that a formal City public sidewalk access lies abutting along this entire project site on the South. Conservation Needs Summary . The protection, maintenance, and continued management of Clearwater's shorelines, especially its barrier island beach shorelines, is critical. These areas provide an important social and economic function as these natural resources for Clearwater's tourism industry. Clearwater Beach, Sand Key, and the geographic proximity to Caladesi Island State Park are some of the most important and unique resources the City possesses. .. . . . Scenic vistas shall remain designated as "scenic non-commercial corridors." They are specifically: Memorial Causeway; Edgewater Drive; Courtney Campbell Parkway; Gulf Boulevard; Bayshore Boulevard; and Belleair Road between U.S. Highway 19 and Belcher Road. COMMENT: I believe this ties into again the desire to further intensify - by many fold - a Commercial operation on what is designated a non-commercial corridor. Some scenic non- commercial corridors on the main land in the County and City have not remained in this directed character. However, this area of Gulf Blvd. is solely residential. GOALS, OBJECTIVES AND POLICIES; FUTURE LAND USE 1.1.1 Any permanent and temporary alteration of Department of Environmental Protection (D.E.P.) jurisdictional or non-jurisdictional wetlands, beach dunes, sensitive soils, or other natural systems shall be prohibited unless such alteration is fully consistent with all local, state, and federal regulations, mitigation and management plans, and permitting procedures that may be applicable, including the wetland vegetative buffer requirement of the City's Community Development Code. COMMENT: I find it personally objectionable that it appears that the applicant may be seeking to not include improvements past approximately 49' from the CCCL Line in all plans submitted to the City. It appears to me that the City has a right to review, comment and make a recommendation of those plans. Further, it is believed that the requested 0' set back appears to not be in line with this element. FUTURE LAND USE ELEMENT 3.2.3 Commercial land uses shall be located at the intersection of arterial or collector streets and should be sited in such a way as to minimize the intrusion of off-site impacts into residential neighborhoods. New plats and site plans shall discourage the creation of "strip commercial" zones by insuring that adequate lot depths are maintained and by zoning for commercial development at major intersections. COMMENT: The project is not located as indicated above. It is not located at any intersection. The obvious purpose of this element, in my mind, is that more impacting uses are located at points that can support the use and not be harmed by their activities. Further, the concern of commercial impacts is a serious liveable issue to this residential neighborhood, as supported by the recent City Commission vote not allowing higher hotel density specifically on Commercially .. . . zoned parcels. These concerns are further raised by the applicant seeking significantly more impacts to the site, including an approximate 137 seat restaurant, 38 room hotel, bus and boat shuttles, the approximate 260% increase in height (and use...) and strong attractions for the general public above and beyond hotel guests. What is planned for the site far exceeds any ability whatsoever, in my opinion, to minimize any intrusions. COASTAL MANAGEMENT ELEMENT 23.1.2 Development applications shall be reviewed to ensure that proposed new development or redevelopment will not encroach on or remove wetlands or beaches. New development and redevelopment shall be guided away from environmentally sensitive areas and into those most able to withstand impacts. COMMENT: I have been informed by Nicole Elko, in the Pine lias County's Coastal Management Department, that the CCCL line is located 20' Gulfward of the Ultimar project (to the North of the project site and Cabana Condo's) and 10' Gulfward of the Dan's Island project (to the South of the project site). She communicated that before the last beach renourishment, waves were hitting against the Dan's island CCCL line. It appears that the proposal by Legg Mason would obviously have problems with that circumstance. The proposed zero foot setback, and the approximate 49' Gulfward proposal, and as I understand, a then proposed elevated structure, would literally be, in my opinion, so out of character, so far beyond what is present on Sand Key and that it could literally be termed a monstrosity. 23.2.2 The specific and cumulative impacts of development and redevelopment upon wetlands, water quality, water quantity, wildlife habitat, and beach and dune systems shall be limited by: strict maintenance of existing setback requirements, adherence to storm water detention requirements, retaining all publicly owned natural habitats in their undeveloped state and transfer of development rights. . . Page 1 of~ J Wells, Wayne From: Presslnc@aol.com Sent: Saturday, May 17, 2008 2:32 PM To: Wells, Wayne Subject: Pressman: legg Mason Wayne, below is a letter to the St. Pete Times Editor that was printed this past Friday - I wanted to be sure to get it in the official file. Thanks. I El News ~ KEEP HOTEL OUT OF SOUTH SAND KEY St. Petersburg Times - St. Petersburg, Fla. Author: Anonymous Date: May 16, 2008 Start Page: 2 Text Word Count: 1032 Document Text Please, Clearwater mayor and City Council, save our neighborhood by not allowing Legg Mason to build a hotel in our beautiful residential neighborhood at the south end of Sand Key. This is one of the best residential neighborhoods in the country. This is not Clearwater Beach, where the tourists should be. Would you like a big hotel close to your home with a big influx of people, noise, cars and visitor-dispensed trash? I don't think so. If the area changes into a tourist hangout, like it will certainly do with a hotel, my wife and I will sell our beautiful Sand Key condo and move up to the north Georgia mountains, where we have a serene, quiet timeshare residence without annoying crowds nearby. We sure don't want to spend the rest of our retirement years in a commercial area with a big hotel. Please keep this beautiful area at the south end of Sand Key residential like it is now and has always been! Also, this will be a test of whether our city government is for the local people (who drastically oppose this plan) or for the contractors with possible financial influence on our government, which is supposed to be for the people. Bernie Browne,Clearwater 5/18/2008 . . From: JoEllen Farnham [mailto:jofarnham@yahoo.com] Sent: Friday, May 16, 2008 10:35 AM To: george.cretekos@myclearwater.com; frank.hibbard@myclearwater.com; carlen. petersen@myclearwater.com; john.doran@myclearwater.com; paul.gibson@myclearwater.com Cc: herbm@asystems.com; gkoenig1@tampabay.rr.com; eburzumato@nationsrec.com; caseandsahli@verizon.net; donaldvanw@aol.com Subject: Dear Councilman Cretekos, Thank you for your willingness to work with both the Save Our Shoppes and Save Our Neighborhood Committees. Your diligence and perseverance in ensuring that the voice of the Sand Key citizenry is heard and that the facts are presented is noted and appreciated. Thank you for your dedicated service to our community. Many of us left the April City Council meeting with the perception that the Council regards Sand Key as a tourist community of vacation rental condominiums. In response to this perception, data and statistics on the minimum rental periods allowed by Sand Key condominiums, town homes and single family residential communities have been compiled. This chart and data are attached for your review. As you will note, only the building you live in, Crescent Beach Club, and Lighthouse Towers, allow 14 day rental periods. Also note that 75% of the 2988 units on Sand Key require a minimum rental period of 90 days or more with an average minimal required rental period of 104 days. Sand Key condominium units are not "time share" nor "vacation" rentals as either background checks and/or pre-lease interviews and initial orientations are mandated by the homeowner associations. We ask for your support in correcting this misperception of the City Council that Sand Key is a tourist community of overnight accommodations. Please note we are forwarding this email and attachments to your fellow council members and others. We would be glad to meet with you to discuss this issue and thank you for taking the time to consider our analysis. Respectfully and sincerely, JoEllen Farnham and Cynthia Remley SOS Committee SON Committee SAND KEY - A RESIDENTIAL COMMUNITY Homeowner AssocfuOon Address Units Required Minimum Rental Days The Grande 1170 Gulf Blvd 116 90 1180 Gulf Blvd 117 90 The Meridian 1200 Gulf Blvd 106 90 Landmark Towers 1230 Gulf Blvd 143 30 1250 Gulf Blvd 72 30 Harbor Light Towers 1270 Gulf Blvd 136 30 Lighthouse Towers 1290 Gulf Blvd 144 14 Crescent Beach Club 1310 Gulf Blvd 120 14 1340 Gulf Blvd 120 14 Utopia 1350 Gulf Blvd 29 30 Bella Rosa 1370 Gulf Blvd 31 180 Sand Key Club 1380/1390 Gulf Blvd 104 90 South Beach I 1400 Gulf Blvd 95 90 South Beach II 1430 Gulf Blvd 95 90 South Beach III 1460 Gulf Blvd 142 90 South Beach IV 1480 Gulf Blvd 135 90 Ultimar I 1520 Gulf Blvd 114 90 Ultimar II 1540 Gulf Blvd 138 90 Ultimar III 1560 Gulf Blvd 100 90 Cabana Club 1582 Gulf Blvd 60 120 1586 Gulf Blvd 30 120 Dan's Island 1600 Gulf Blvd 85 365 1660 Gulf Blvd 86 365 Bayside Gardens IV 1301 Gulf Blvd 38 90 Bayside Gardens III 1351 Gulf Blvd 38 90 Bayside Gardens I 1401 Gulf Blvd 38 90 Bayside Gardens II 1451 Gulf Blvd 38 90 South Bay 1501Gulf Blvd 64 90 The Harbour 1581 Gulf Blvd 32 90 1591 Gulf Blvd 32 90 Isle of Sand Key 1621 Gulf Blvd 124 90 The Moorings 206-231 Sand Key Estates Dr 66 90 Harborage I 1651 Sand Key Estates Ct. 64 365 Harborage II 240 Sand Key Estates Dr 64 90 Marina Del Rey Marina Del Rey Ct 72 180 Sand Key - A Residential Communitiy Number of Units Versus Minimum Rental Period Requirement 1800 ..r'"'' ..~-"-----------------'--- 1600r' / 1400/' ,/ ......... 1200 ( / 1000/// 800 ,. . . ;: r::;-=_.-- 0/ 104 Day Average Minimum Rental ........................._."----.,, 14 30 90 120 180 365 Minimum Days Rental Rq Total Number of Units 14 384 30 380 90 1796 120 90 180 103 365 235 t/ 75% of the homes on Sand Key require 90 days or greater minimum rental t/ Average required minimum rental on Sand Key is 104 days t/ All Homeowner and Condo Associations require either a background check, a pre-lease interview or an initial orientation t/ The Marriott and the Sheraton hotels account for less than 6% of the total Sand Key acreage t/ There are 2988 total residential units on Sand Key versus 610 hotel rooms - a ratio of almost 5 to 1 . . --_._-_.~---~._- May 12, 2008 ~ '-I) [! Mr. Wayne Wells Planning Department P.O. Box 4748 Clearwater, FL 33758-4748 ]'1\, MAY 13m L- PLANNi, , , ! ;O,..,."'.,r'~ __?_:,rl ~/ "~L~CP~"lENT ~yt=F\\/:Cr.:S RE: Case FLD2008-02002 1590 Gulf Blvd. CITY OF CL Ei\fiWATER Dear Mr. Wells: We are writing to voice our objection to the proposed Cabana Hotel Tower at 1590 Gulf Blvd. on Sand Key in Clearwater. We have been property owners at 1621 Gulf Blvd. for over five years and are voting residents of Pinellas County, FL. Our reasons for opposing this construction are as follows: *This section of Sand Key is primarily a residential neighborhood populated by a mix of year-round and seasonal residents. This was certainly our understanding of the nature of the neighborhood when we moved here five years ago. (The only other major hotels are located over a mile north of the proposed project adjacent to Clearwater Beach.) *The proposed eight story structure would severely affect the view of the Gulf for many of the residents at 1621 Gulf Blvd and nearby properties. *The adjacent gulf beach, which is currently used by residents of the Isle of Sand Key condominium, the Harborage I and Harborage II condominiums, The Moorings subdivision, Dan's Island condominiums, and residents of other adjacent properties, would be crowded with hotel guests under the proposed plan. *The proposed construction involves a structure which is too large for the site and which is incompatible (for good reasons) with the existing applicable building codes. We strongly oppose the project as outlined by them and urge you to deny their request for this construction. Sincerely, fl.? ~<L , ~~ f! 4~ ~ I Raymond F. and Ruby P. Borkman 1621 Gulf Blvd, #608 Clearwater, FL 33767 . e Page 1 of 1 Wells, Wayne From: SWalton514@aol.com Sent: Monday, May 12, 2008 5:03 PM To: Wells, Wayne Cc: Presslnc@aol.com Subject: Case # FLD2008-02002 1590 Gulf Blvd See attached. Wondering what's for Dinner Tonight? Getn~w__tw~1~,-Qrl@milYJ;::l~9Ji1~~~t AQ"'EQQ9. 5/12/2008 . .' . . May 12, 2008 Mr. Wayne Wells Planning Dept. PO Box 4748 Clearwater, FL 33758 RE: Case #FLD2008-02002, 1590 Gulf Blvd Mr. Wells: I am writing to express my strong concerns over the Legg/Mason proposed Cabana Hotel in Sand Key. As a resident and home owner at 1586 Gulf Blvd. I wish to make it clear that I purchased into this area of Sand Key because of is residential and community feel. I have been aware of the potential project that built to code for the existing site represents an improvement and one that I am happy to accept. HOWEVER, the additions that are sought I believe are detrimental to the area and quality of life for the residences. They have no legitimate standing beyond improved ROI for who at present is not the best neighbor, and I have no reason to think that this will improve. . I say this last point because I deal with the crowds and loud noise on weekends currently. It is my intent to make my view known to the proper authorities and proceed as best I can under the city rules and procedures, including my vote and all of those who I can influence, that this project proceed within the current standards and not bevond. Thank you for your attention and consideration of my concerns. Cordially, Steven Walton 1586 Gulf Blvd #2403 Clearwater, FL 33767 PA C1~ I PETITION ,'LANNING DEPARTMENT The following signers hereby communicate opposition to the Cabana Clu~TY OF ClEARWATER proposal to the City, under file # FLD2008-02002, 1 S90 Gulf Blvd. The proposal would drastically affect vertical visibility, would critically cause significant and widespread negative financial impacts, is not compatible to the immediate area, seeks to force &r too much on the site with too many variances and would be devastating to SWTOunding property own- exs. weurge0~ooro"~ro.cod. e.stan.f, ~~onlY. Thank you. P; I I ","'2 0 r;t""t~ YfA"'ll . ~ ,..-Name ., Add(~.. 1,. d PhonelEmail Date... I (J> IV c I ~! I IYytl C 4 ~ f f,/r 6'1\ Lli/~ I ~." / Cl"-'D. ) " j ;/ el- I 5" d t; 6. () L I:"' tJ J.. t/ f) 7' (j Pi JtJ;r. tL l:~V @II() tf cj) t'h~ ~) OdJA r . , . G' c \ . '\ ....' '," (f /' ~ . Il'l ( \) . Y , ... <If;i;k1j; tA. tJ c) "u, I. rlO) j \, / J ~/ \, ! C0 ~'S=+"';~' (l /),' -r . ,\ ' /~' / ... ./ ~-,. / vi >~//,,/?/;;~,:,~// " ' /:-\ ' ,> ,(.;.,..' .t\ . .,'1; _J:.........t- l )..--"'.> " . ~) C9 @ . . ORIGINAL RECEIVED MAY 1 2 2008 C3 V OOA./I't/{~ LJ ,/ [\ I 1""'\ i ') \. {:p () (~).O)\y, Oc'!>; ." . JL...:.V....ei61 lA /fJ I' .: i 'f It ("."'> ~ct./U..y.,..,_ l-G N tV. "~,X //--2 /:/ /{.::~'~:>' _ .L,.> , :1\' ,";~ .J ;;I;;> !!.:;r-:.;/ j ~ :::~ Iz /., ~ j, (;;~- / -,,-, <J C?' /.r ,~ " ';:':J _> :,:) t. ii''., ~ I ~.2-D f/3/ d! ~/ocf' / ;:;I..:L. ,/'S-":k::i -..t.1!.t_A',tt, " " !~" ~(J r---q {' ....;1 c~ 1 <>: /'" _ .'- - ;;.u .\ " ','''', q /.7 c-._~ I, . / :;j:t~?~,.A~' i .., I ~ /r34 4"-t:b; \) J 1ft; 7 .I /'1 f~' f " "(,' ~ / ') . II:-"'(' '-..' c / ./ / , I.... " /:_-f , . ~I If ..-' I I., .""7 / .....):..' 6 ~ . '. "~ C t -" i 'l,.~:?-~L,-.{~ ., t -: (~~, ! "] When completed send the Petition to Cynthia Remley, 1591 Gulf Blvd, Penthouse 2, Clearwater 33767-2997 C thi ~P yn ae roRemLaw.com . . FA elL: 2- ORIGINAL RECEIVED MAY 1 2 2006 PETITION ?LANNING DEPARTMENT Tb fun . . h b . . . th Cab CICjlY OF CLEARWATER e . owmg Signers ere y coDltnumcate opposition to e ana ub proposal to the City, under file # FLD2008-02002, 1590 Gulf Blvd. The proposal would drasticaUy affect vertical visibil~ty, would critically cause significant and widespread negative financial impacts, is not compatible to the immediate area, seeks to force fur too much on the site with too many variances and would be devastating to surrounding property own- ers. We urge the direction to develop to code standards only. Thank you. Name , / . ~ .. d ~o~~ Date O3Y11"f{M.It~__,i1(1.", J IS ::l 0 ~~. pt. 1506 4;;/0/' (~- l k . / J/~/ ~ @ t."ll t':~ f.~~_~. ..-i} S.,;;)6 ~"2tli . ' /~! ~ \ lj2D · f J '~j # 1; DV /(;1 ,:.;;t c , I )::.<'lL~_.rt-/. I;; 2l) (';~.(I.6t~{) L/ fo ),0 <6:> (l] @ ~~ H~(fe.~ C0 5~V1 ~J'l ,/~c- @ IJ2 vv'lL(/~ ~<IG o / ' <2> ~,-L'S .~A:~..: " 't' il 't ;\of 20<- 'iji'frp8 ~ \ (i/'6UA' ,'" r4U.J/i if " It! 01 ~YOy .~ c l~l..:K..k ~ L ~J.! ~o.ll,^ 1:..:2.0 \ '-\ 1 S~-Ji ~ ts\.~() ~ ,,'7, 1\" , L{ I ,,~I o~ ~ ~ ~ n \ f (~. (~~ bLl?J,U~ \2J C: r,u.A;i 8iS '/ '"j)" dr II If ..w / 'If? b I ~ VIII/of- ~, /t- ~ 12-t>(. .r~) J " i ! \ When completed send the Petition to Cynthia Remley, 1591 Gulf Blvd, Penthouse 2, Clearwater 33767-2997 C thi @P yn a roRemLaw.com e e ORIGINAL QECEIVED MAY 1 2 2008 PLANNING DEPARTMENT PETITION CIlYOF CLEARWATER The following signers hereby communicate opposition to the Cabana Club proposal to the City, under file # FLD2008-02002, 1590 Gulf Blvd. The proposal would drastically affect vertical visibility, would critically cause significant and widespread negative fmancial impacts, is not compatible to the immediate area, seeks to force far too much on the site with too many variances and would be devastating to surrounding property own- ers. We urge the direction to develop to code standards only. Thank you. Name Address PhonelEmail Date t.( 'I (J- i.'a ~,.. y .Jdtlf(~, (j)1;,,^rI'cYA(~f~A/,,;f ~~~ ~ 787-Sl'r --"3 4-i{ ,',. /', . . " L~;UZI/ /3M37 IfoLo (:.J(jL~ IJt..t'f) d"110? tJ(Lj jt{ ntvnh- ICv{PO 6 u/.;F (jLLJp #'//()f . e ORIGINAL ~ECEIVED r~AY 1 2 2008 "tANNING OEPARlMENT PE TITI 0 N CITY OF CLEARWATER The following signers hereby communicate opposition to the Cabana Club proposal to the City, under file # FLD2008-02002, 1590 Gulf Blvd. The proposal would drastically affect vertical visibility, would critically cause significant and widespread negative financial impacts, is not compatible to the immediate area, seeks to force far too much on the site with too many variances and would be devastating to surrounding property own- ers. We urge the direction to develop to code standards only. Thank you. Name ) Address Phone/Email Date /1" '- IS -"Di '- --/J ~rr- . . ORIGiNAl QECEIVED MAY 1 2 2000 "LANNING DEPARTMENT PETITION CITY OF CLEARWATER The following signers hereby communicate opposition to the Cabana Club proposal to the City, under file # FLD2008-02002, 1590 Gulf Blvd. The proposal would drastically affect vertical visibility, would critically cause significant and widespread negative financial impacts, is not compatible to the immediate area, seeks to force far too much on the site with too many variances and would be devastating to surrounding property own- ers. We urge the direction to develop to code standards only. Thank: you. Name Address PhonelEmail Date !(rJ-,( C~{f8/vcl .tf/Yd2... Y.(1)L6Y~ )/)L<f'3 ;~l It L/:' /l/l ( ;fh'A1 -Tal." 'J); l~w"1 (" -z: ~~ISU1W" , . Joe,-; /J). z tAt ( ~ 30f) Farr-el/ ~ G1A)i- :5cL CL J} c2<< fR~ffcf ~ /) -I .:h1' IL. At Lf$ ii~ n1 ~~ . ., (. II /IY () ) (If{JLf /;20 ( / ~~ /I'''J/' .J (. oc, / ,0, . {);II .- Pi f f'ru,Jct,d .-r .ce1 I J..Jj C k ~kJltqA--' J4/YN AIj));ll2f/(V "3 (J( /560 y- (0 -or 'I ;;~; ((/rala!' { ( Lj' /O,/oJ t/~/() /08 Y _-f.l2---0Y ~-12- o{ 'i -/3. -(It (- i')-- 0 g-' 7-/]-CJZ . . ORIGINAL ~ECEIVE" MAY 1 2 2000 "LANNING DEPARTMENT CITY OF CLEARWATER PETITION The following signers hereby communicate opposition to the Cabana Club proposal to the City, under file # FLD2008-02002, 1590 Gulf Blvd. The proposal would drastically affect vertical visibility, would critically cause significant and widespread negative financial impacts, is not compatible to the immediate area, seeks to force far too much on the site with too many variances and would be devastating to surrounding property own- ers. We urge the direction to develop to code standards only. Thank you. Address ,t11 I!. 6 o. ,ct- / --.J;; l ~ .J ~(7_r Ie,'. ell e<C.-I2i..JC'~ i e-IL TfI e_,e.oS k."Qg....t<.t:t, I,IV". , -~e :J/1 t It- 5ht?N[f 'S Z 1J I ~ f-:krVl4)'~ (,lrt-'A-~,- 3/2 VO & :h "_. !f)&r,&;tJl-f' f-,/,'>f7of-J97-."Jrrr \... ! ;t/c:/I1 ~ 1.;{5 a 6-tJJ-F tt:2 tJ 7 - 5/1-,/3115 JcXV ide> fl o.ld .21 'lOOu~t:Jt1.dO I.( AJc tf tSd Ie... /l. 61lJFfj 72 7- 'f 7V'tf3. ~t'u-U't1'X_ ~"'-~\li!:J {'f&,t1U1kocl12. bC'~Dv'-{Oc~ ~~~~~u~ ~~\f)Ct-\ 4- ~- 0 'rL :f4L.&L2J)~~' '-I-S-d )(J 'D r n ~J " ~...-o -P tUi" V{J..-"-..-<-A I .{ f - f /cIIC/" 51/~/Ajg/)/tT/1 Lfli'j(l!\.7; 1~),;(j..15v0 6t/~ j.:: ~ ~f Name Ei> ~w /!/l-r Phone/Email Date -rcJ.1- d~"Z- -%ar od-~~ -ci S\, cd ~ ~ ( \:..... t-~ ~ ~ \ ~ L( Q G '-.) \; \) u,e ''1 . /"' ' i' I ',' l L! J lL} -r/{ d7't~ I I j IT /,j " 'V i \ --S or ) of XJ L~LJl J)tc-t,{ i L~ I[ / Ct t . . ORIGINAL QECENEIJ MAY 1 2 2000 PlANNING DEPARTMENT PETITION CITY OF CLEARWATER The following signers hereby communicate opposition to the Cabana Club proposal to the City, under file # FLD2008-02002, 1590 Gulf Blvd. The proposal would drastically affect vertical visibility, would critically cause significant and widespread negative financial impacts, is not compatible to the immediate area, seeks to force far too much on the site with too many variances and would be devastating to surrounding property own- ers. We urge the direction to develop to code standards only. Thank you. Name Address PhonelEmail Da~ / / ~~/y ~rz- &'-:;y,.; //I/O? /V - / 5o~~~~-t4. ! J ~La/~~ /"e~ :.3<~?<f's-LI~4Ji:( 1~9R LJ 13/0J" ... . . Page 1 of 1 Wells, Wayne From: Raymond Borkman [rborkman@msn.com] Sent: Sunday, May 11, 2008 2:31 PM To: Wells, Wayne Subject: Attached letter re:1590 Gulf Blvd Project Mr. Wells, Please take the time to read the attached letter regarding a proposed project at 1590 Gulf Blvd in Clearwater. R. F. Barkman 1621 Gulf Blvd. Clearwater 5/11/2008 , . . May 12, 2008 Mr. Wayne Wells Planning Department P.O. Box 4748 Clearwater, FL 33758-4748 RE: Case FLD2008-02002 1590 Gulf Blvd. Dear Mr. Wells: We are writing to voice our objection to the proposed Cabana Hotel Tower at 1590 Gulf Blvd. on Sand Key in Clearwater. We have been property owners at 1621 Gulf Blvd. for over five years and are voting residents of Pin ell as County, FL. Our reasons for opposing this construction are as follows: *This section of Sand Key is primarily a residential neighborhood populated by a mix of year-round and seasonal residents. This was certainly our understanding of the nature of the neighborhood when we moved here five years ago. (The only other major hotels are located over a mile north of the proposed project adjacent to Clearwater Beach.) *The proposed eight story structure would severely affect the view of the Gulf for many of the residents at 1621 Gulf Blvd and nearby properties. *The adjacent gulf beach, which is currently used by residents of the Isle of Sand Key condominium, the Harborage I and Harborage II condominiums, The Moorings subdivision, Dan's Island condominiums, and residents of other adjacent properties, would be crowded with hotel guests under the proposed plan. *The proposed construction involves a structure which is too large for the site and which is incompatible (for good reasons) with the existing applicable building codes. We strongly oppose the project as outlined by them and urge you to deny their request for this construction. Sincerely, Raymond F. and Ruby P. Borkman 1621 Gulf Blvd, #608 Clearwater, FL 33767 . . Page 1 of 1 Wells, Wayne From: Frank Van Dyke [frankvd@comcast.net] Sent: Saturday, May 10, 2008 7:20 PM To: Wells, Wayne Subject: Legg/Mason Cabana Hotel Proposal I simply want to express my opposition to the proposed construction of the hotel on the current Cabana Club property. Its presence would not be compatible with our current residential neighborhood. Please stop commercializing Sand Key.....Put the hotels where they belong....in downtown Clearwater Beach....that is where all of the rooms have been lost....not on Sand Key! We are not and never want to be a Tourist Destination...we did not invest our savings here for that type of living. Thanks for listening, and please be responsive to our input. Frank Van Dyke VP SB I Condo Association 5/1112008 . . Page 1 of 1 Wells, Wayne From: MILDRED DORTCH [mildreddortch@hotmail.com] Sent: Friday, May 09,200812:47 PM To: mildreddortch@hotmail.com Subject: Case # FLD2008-02002 (1590 Gulf Blvd.) We are deeply disturbed about the hotel which LEGG MASON is proposing to build in our neighborhood and their plan to bring guests from the Belleview Biltmore Hotel across private residential property to gain access to the gulf view property. We would like to keep Sand Key as a residential neighborhood. Changing the zoning and variances LM is requesting would drastically change this area. Increased traffic and limited parking spaces would create havoc. The devaluation of the condo units in the surrounding area would be devastating. Please consider this when you are looking at the above proposal. Changing the area to a tourist area might seem appealing to you for the possible tourist tax revenue - but the devaluation of the hundreds of condos which would be impacted would negate such an increase from the tourist traffic. Activity for such a hotel and restaurant would create noise and traffic 24 hours a day which would change this environment forever. Please do not allow them to exceed the code standards which now exist. The project is much too large and the building would be too big for the site they have. The view we now have and the lifestyle of existing home- owners would be greatly impacted. Thank you very much for listening to the voice of current residents of Sand Key. We trust you will make the right decision. Please share this message with all CLEARWATER COMMUNITY DEVELOPMENT BOARD (COB) MEMBERS, THE CITY MANAGER, THE ASST. CITY MANAGER AND THE DIRECTOR OF PLANNING. 5/9/2008 . . Wells, Wayne Page 1 of 1 From: saschellstar@aol.com Sent: Friday, May 09,20084:19 PM To: Wells, Wayne Subject: opposition to the cabana club hotel my wife and i just wanted to go on record in opposition to the cabana club hotel on gulf blvd. we are ownerlresidents (clearwater residents) at 1581 gulf blvd unit 404 .. thank you steve schell Wondering what's for Dinner Tonight?G~tn~wJwi~J~Qnl<:lmilyJ<:IYQIit~~<:IL8QI,,_EQQ<:l. 5/9/2008 . . Wells, Wayne From: Sent: To: Subject: Gene and/or Laura [ehkmsmba@aol.com] Sunday, April 27, 20083:37 PM Wells, Wayne hotels We have been residents of Sand Key since Dec. 1999. We say no to more hotels or adding more rooms to existing hotels on Sand Key. We are a residential area not a tourist destination. Eugene and Laura Koziara Sand Key 1 . . Page 1 of 1 Wells, Wayne From: dougpras@aol.com Sent: Sunday, April 27, 200812:40 PM To: Wells, Wayne Subject: FLD2008-02002 (1590 Gulf Blvd. I am writing to voice my concern for the attempted construction of a hotel in sand key. I currently own a condo across the street from the purposed hotel, 1591 unit 204. I have lived there for 6 years in relative security. I am a quadripeleigic and have my condo outfitted to allow me to live alone and fuction. The fact that they want to put a hotel at 1590 is quite trying to say the least. This is a residental area with a nice park next door with tennis courts and parking. The hotel they are planning has no where near the parking allotment and this adrea cannot handle more tourist than already come, especially during winter months. I am concerned that a hotel will comprimise my safety and quality of life, no matter if they claim it a five star resort. Five star people still get drunk and make noise, and when they have no parking, will overflow into our private lot. This already occurs regularly from the place thats there now. Please allow us our personal space. lam sure you would not like a hotel constructed next to your house thank you for your time doug pras sand key resident and tax payer Plan your next roadtrip with M9pQlJ~st.GQm: America's #1 Mapping Site. 4/27/2008 . . Page 1 of 1 Wells, Wayne From: Taso Hinaris [tas01929@att.net] Sent: Saturday, April 26, 20084:49 PM To: Wells, Wayne Cc: Cynthia@ProRemLaw.com Subject: Opposition to the Legg Mason hotel. Reference Case No. Case #: FLD2008-02002 ( 1590 Gulf Blvd. ) - Legg Mason's Application My wife and myself moved to Sand Key many years ago because of the quiet residential area. We have watched as other places in Florida have become overly commercial and have lost their positive qualities. We hope this doesn't happen here that is why we stronlgy oppose the Legg Mason hotel. Our apartment at 1621 Gulf faces North and we enjoy a lovely view of the intracoastal waterway and an unobstructed view of the Gulf. I can't tell you how much my wife and me enjoy sitting on our balcony on nice winter days looking at the waves coming in and the boats out in the Gulf. Weare strongly opposed to the proposed hotel by Legg Mason. Our peaceful vistas and quiet neighborhood will be negatively impacted by the new building. We would hate to leave Sand Key but the prospect of this obstruction is causing us to seriously think about relocating to another area where hopefully we can find the same level of enjoyment we have here. Thank you for your consideration. Please let us know if you have any questions. Regards, Taso and Suzanne Hinaris 1621 Gulf Blvd # 1104 4/27/2008 . e THE HARBOUR CONDOMINIUM ASSOCIATION, INC. 1581- 1591 Gulf Boulevard Clearwater, Florida 33767 ORIGINAL RECEIVED APR 24 200B April 20, 2008 PLANNING DEPARTMENT CIlY OF CLEARWATER SENT VIA EMAIL To Wayne. Well~yclearwater.com and REGULAR UNITED STATES MAIL Wayne Wells Planner for the City of Clearwater 112 S. Osceola Ave., Second Floor Clearwater, FL 33756, Re: Opposition to Legg Mason's Proposal to Build the Cabana Club Hotel; FLD2008-02002- 1590 Gulf Blvd. Dear Mr. Wells: As the President of the Harbour Condominium Association, which includes _ separate owners and properties, I am submitting this letter to advise the Clearwater Development Board, and yourself, that our association is strongly opposed to Legg Mason's proposal to build the Cabana Club Hotel. I do not state simply that our owners will literally be devastated by this pending application. Their height issue is paramount. By way of this letter I am communicating that the height flex requested. more than 250% above the current code levels will absolutely eliminate the Gulf view - the most critical view - of every single resident in our 2 condo buildings. I know that photo's of that view corridor have been submitted to you. That single application item will significantly reduce the value of every single condominium under our association and will drastically and negatively impact our aesthetics, enjoyment of our homes and values of or properties. Further, their effort to eliminate every single setback on their property is an over reach and would present a property that is way over built. One element of Sand Key is the extremely spacious and open space element between structures. From the buildings of Dan's Island, to Isle of Sand Key, to The Harbors and North, to Ultimar and beyond, there are extreme open areas between buildings that spell out the character of Sand Key. That, combined with the front setbacks and overabundance of landscaping and you have what is a big part of the charm and residential character of South Sand Key. Their request for these setbacks would render this site out of character and critically cause a further intrusion from the height blockage element. In other words, the wider they are allowed to build on the lot, the more aggrevious the height problem becomes. W ayne Wells February 10, 2008 Page 2 of 4 . e The issue here is the intensity requested above current code allowances. They are Commercial now; we all know that, the issue is letting them extend many times beyond levels. We all accept that they have entitlements that they are permissible to use and that is fine. The charting that occurred for that property is what it is today. It should be what it is in the future. Critically_ the City Commission iust voted this week - unanimously - to NOT allow increased density for hotels in Commercial zones. That is clearly an action that relates loudly that over-intensification of hotels is not desired by the City leaders, and they were well aware of this site that has been under discussion. The large crowds of concerned civic residents that turned out for that issue should also be a loud message that this type of over-intensive development is not wanted and is strongly opposed by the public. In regard to the Beach setbacks, the City's Comprehensive plan clearly lays out that there should be great care and concern of public areas and the coastal areas. The plans by Legg/Mason include a requested zero foot setback to the CCCL Line. The Pinellas County Coastal officer reports to us that the Ultimar, to the abutting North, is at a 20' setback to the CCCL line and that Dan's Island, to the South, is at a 10" setback to the CCCL line. We are told that prior to the beach renourishment, Dan's island's seawall was exposed to the Gulf But more important, Legg Mason seeks a significant elevated structure of unmeasured height for the cabana's they propose, which would then support the pool structure. As far as I am aware, this would be an unprecedented structure and would significantly change the appearance of the beach and cohesion with properties along the beach. It would not be aesthetic and would be a detriment to, again, the open nature of the area. Contrary to Legg Mason's claim that a 5 star hotel will increase surrounding property values, the value of surrounding properties will be significantly reduced. This loss of value will undermine Clearwater's tax base because this is a residential neighborhood, not a tourist zone, and the hotel will impose tourists upon us who will not respect the needs of the residents. Legg Mason's hotel structure will adversely affect the view corridor of no less than five condominium buildings. In 2000, our attorney, Tim Johnson, for the SOB (Stop Over Building) Sand Key Committee submitted an expert's report indicating that the value of condominium units in the same five surrounding buildings would be decreased by an aggregate of $5,000,000 if a similar structure was allowed on the exact same location that Legg Mason now proposes for its hotel. That decline in property value was based upon the year 2000 property values, which have skyrocketed since then. The City wisely declined the request in 2000, and we request that the City now do the same and deny Legg Mason's current variance requests. In addition, I must make you aware of another manner in which Legg Mason's hotel proposal will adversely impact our residential neighborhood, our environment and, directly and without our consent, impose upon the Harbour Condominium Association significant liability risks. Legg Mason also stated its intentions to use a ferryboat to transport Belleview Biltmore and Cabana Club Hotel guests back and forth over the intra-coastal waters and down a narrow canal bordered by the private marinas of the Isle of Sand Key and Marina Del Rey to the private THE HARBOUR CONDOMINIUM ASSOCIATION, INC. Wayne Wells February 10, 2008 Page 3 of4 . . marina of the Harbour Condominiums, where Legg Mason has an easement across our property. In order to pick-up and drop off such guests, they intend to substantially expand the use oftheir easement for docking space at our marina and increase the flow of foot traffic across the residential property of the Harbour South Condominium owners. In order to access the nearest crosswalk over Gulf Boulevard to the Cabana Club property, these tourist-guests ofLegg Mason must walk across our private docks and sidewalk right next to our swimming pool, which will invade the peace and privacy of our residents. This unwanted intrusion upon our residential property will not be minor or infrequent because the Belleview Biltmore will have a combined total of almost 500 guest rooms, and their plan is to heavily promote convention business. The Harbour Condominium Marina is a private and residential dock, not a commercial ferry boat dock. We do not need a constant flow of tourists tromping across our property, especially after having a few cocktails at sunset, because the potential liability is too great with respect to their falling or having an accident on our very narrow walkway along the dock at our seawall. This area is 100% residential. A site to the scale they are seeking, as a commercial use - just does not belong at that location. There is no commercial, there is no resort, and there is no hotel anywhere near this vicinity. The Legg Mason site is zoned commercial all alone by itself. That again, is another example of how allowing a far overbuilt site becomes extremely detrimental to the vicinity. The current commercial use pretty much works okay. It is a nice day beach visit spot that they bus in day visitors. They also have a restaurant and bar. But under the scenario they seek, it would blow up the site into a loud and boisterous use, far too busy, far too many trips, far too many employees, far too many visitors, far too much odorous effects from a full time and busy 24 hour restaurant, etc. Too much mass on the site. Another concern is that the proposed Cabana Club Hotel garage will only hold 61 vehicles. In response to the Cabana Club Condominium residents' expressed concerns that the increased traffic will have to use a driveway that is shared with the Cabana Club Condominium, Legg Mason claimed that it will bus in all employees needed for both the restaurant and the hotel. Sand Key residents are concerned that Legg Mason's claim that it will bus-in employees will either not be implemented or continued because of high skepticism that this approach is not practical or convenient for the employees or for the bottom-line of their employer. We all recognize that change is inevitable, that property owners have the right to develop their property, and that those rights must be balanced against the rights of Clearwater constituents who live on Sand Key and contribute a substantial amount to Clearwater's tax base. We would support this property owner developing the site to today's standards, but not just trying to over build a site that they got "stuck" with for their main real estate purchase in Belleair. Yours Very Truly, THE HARBOUR CONDOMINIUM ASSOCIATION, INC. . Wayne Wells February 10, 2008 Page 4 of 4 . . Michael T. Novak, President The Harbour Condominium Association, Inc. cc: Mayor Frank Hibbard John Doran, Vice Mayor Bill Home, City Manager Michael T. Dooley, President of Sand Key Civic Association THE HARBOUR CONDOMINIUM ASSOCIATION, INC. . < . . Page 1 of 1 Wells, Wayne From: Mike Novak [mnovakjr@tampabay.rr.com] Sent: Tuesday, April 22, 2008 8:22 PM To: Wells, Wayne Cc: Hibbard, Frank; John.Doran@myclearwater.ocm; BiII.Horne@myclearwater.com Subject: Harbour Condo residents' Opposition Letter Importance: High Dear Mr. Wells: As President of The Harbour Condominium Association, Inc. I have attached a letter which expresses the strong opposition of our residents to Legg Mason's Proposal to build the Cabana Club Hotel - FLD2008-02002 at 1590 Gulf Blvd. Sincerely, Michael T. Novak President The Harbour Condominium Association, Inc. 1581 & 1591 Gulf Blvd. Clearwater, FL 33767 4/23/2008 . e THE HARBOUR CONDOMINIUM ASSOCIATION, INC. 1581 - 1591 Gulf Boulevard Clearwater, Florida 33767 April 20, 2008 SENT VIA EMAIL To Wayne. Wells@Jnyclearwater.com and REGULAR UNITED STATES MAIL Wayne Wells Planner for the City of Clearwater 112 S. Osceola Ave., Second Floor Clearwater, FL 33756 Re: Opposition to Legg Mason's Proposal to Build the Cabana Club Hotel; FLD2008-02002 - 1590 Gulf Blvd. Dear Mr. Wells: As the President of the Harbour Condominium Association, which includes 64 separate owners and properties, I am submitting this letter to advise you and the Clearwater Development Board that our association is strongly opposed to Legg Mason's proposal to build the Cabana Club Hotel. Sand Key is a well-established residential neighborhood. The issue is the property rights of the established residents, not the rights of any newcomers that force drastic changes to our existing lifestyle. As a recent Tampa Tribune editorial so aptly stated it's "about whether ... rules should be bent for a [hotel] ... against the wishes of members and leaders of [neighboring properties] that already exist.. .. The existing property rights of residents.... deserve to be protected when new neighbors build. Giving newcomers unnecessary breaks from reasonable rules only leads to more distrust of government..." The height issue is paramount. By way of this letter I am communicating that the height flex requested. more than 250% above the current code levels. will eliminate the Gulf view - the most critical view - of every single resident in our 2 condo buildings. I know that photos of that view corridor have been submitted to you. That single application item will significantly reduce the value of every single condominium in our association. Further, Legg Mason's attempt to eliminate every single setback on their property is an over reach and would result in a property that is way over built. Their request for these setbacks would render this site out of character and criticallv cause a further intrusion from the height blockage element. In other words, the wider they are allowed to build on the lot, the more aggrevious the height problem becomes. In essence, Legg Mason should not be allowed to increase the intensity of the hotel by the City of Clearwater approving any variances for height or property setback requirements. The City Commission unanimouslv voted this week NOT to allow increased density for hotels in Commercial zones. This action emphatically illustrates that over-intensification of hotels is not desired by the City leaders. The magnitude of the crowd of concerned residents that attended the City Council meeting for this issue demonstrated the strong opposition to this issue. . . Wayne Wells February 10,2008 Page 2 of2 In regard to the Beach setbacks, the City's Comprehensive plan clearly lays out that there should be great care and concern of public areas and the coastal areas. The plans by Legg/Mason include a requested zero foot setback to the CCCL Line. The Pinellas County Coastal officer reports to us that the Ultimar, abutting to the north of the subject property, is at a 20' setback to the CCCL line and that Dan's Island, abutting to the South of the subject property, is at a 10' setback to the CCCL line. Prior to the beach renourishment, Dan's Island's seawall was exposed to the Gulf. But more importantly, Legg Mason seeks a significant elevated structure of unknown height for the cabanas they propose which would then support the pool structure. As far as I am aware, this would be an unprecedented structure and would significantly change the appearance of the beach and cohesion with properties along the beach. Contrary to Legg Mason's claim that a 5 star hotel will increase surrounding property values, the value of surrounding properties will be significantly reduced. Such a hotel would corrupt the homogeneity of Sand Key's residential character. Legg Mason's hotel structure will adversely affect the view corridor of no less than five condominium buildings. In 2000, our attorney, Tim Johnson, for the SOB (Stop Over Building) Sand Key Committee submitted an expert's report indicating that the value of condominium units in the same five surrounding buildings would be decreased by an aggregate of $5,000,000 if a similar structure was allowed on the exact same location that Legg Mason now proposes for its hotel. That decline in property value was based upon the year 2000 property values, which have increased since then. The City wisely declined the request in 2000, and we request that the City now do the same and deny Legg Mason's current variance requests. In addition, Legg Mason's intention to ferry their guests across the intra-coastal to the proposed Cabana Club Hotel via our narrow canal, docking at the private Harbour Yacht Club Marina and walking across our property, will impose significant safety and liability risks upon the Harbour Condominium Association and its residents. This narrow canal is also bordered by the private marinas of the Moorings and Marina Del Rey. When alcohol is being served there is a high probability of inappropriate activity that increases the risk to the safety of our residents and damage to our private property. Sand Key is a residential community. Legg Mason's variance request is an attempt to over-build this site. I trust that our officials elected by the people and for the people will respect the will of the people. Thank you in advance for your support. Yours Very Truly, ~'"~~ Michael T. Novak, President The Harbour Condominium Association, Inc. cc: Mayor Frank Hibbard John Doran, Vice Mayor Bill Horne, City Manager Michael T. Dooley, President of Sand Key Civic Association THE HARBOUR CONDOMINIUM ASSOCIATION, INC. . . Page 1 of 1 Wells, Wayne From: BARBGOLF@aol.com Sent: Monday, April 21, 2008 3:58 PM To: Wells, Wayne Subject: Ref. Case #FLD2008-02002 (1590 Gulf Blvd.) Sand Key is a residential community, not a tourist area. Let them go to Clearwater Beach. Allowing Legg Mason to build a hotel in the parking lot of the Cabana Club will lower the value of our condo homes even more than the present economy already has. I have already lost one condo lessee. because they are afraid of what the increased traffic and noise will be like, if a hotel is allowed on the Cabana Club property--which in itself is utterly ridiculous. There is not enough parking space on that lot, in the first place. The city may get more tax money from a hotel on the property, but that will be negated by the lower taxes they get on all the condos whose values are lowered, to say nothing of the quality of life on Sand Key. The City Commission 8 years ago was smart enough to realize that was not the right thing. I wish the present City Commission was that smart. Barbara I. Ferree, owner, 1591 Gulf Blvd. ************** Need a new ride? Check out the largest site for U.S. used car listings at AOL Autos. (http://autos.aol.com/used?NC I D=aolcmp00300000002851 ) 4/21/2008 . . Page 1 of 1 Wells, Wayne From: Bob & Patti Rogowicz [bobandpatrogowicz@tampabay.rr.com] Sent: Monday, April 21, 2008 9:13 AM To: Wells, Wayne Subject: #: FLD2008-02002, 1590 GULF BLVD DEAR MR. WAYNE WELLS, MY WIFE AND I ARE IN TOTAL OPPOSITION TO THE CABANNA CLUB PROPOSAL TO THE CITY OF CLEARWATER, UNDER FILE# FLD2008-2002,1590 GULF BLVD.. THE PROPOSAL WOULD DRASTICALLY AFFECT VERTICAL VISABILlTY,CRITICALL Y CAUSE SIGNIFICANT AND WIDESPREAD NEGATIVE FINANCIAL IMPACTS,AND IS NOT COMPATIBLE TO THE IMMEDIATE AREA.(OUT OF SYNC) IT ALSO SEEKS TO FORCE FAR TOO MUCH ON THE SITE WITH TOO MANY VARIANCES THAT WOULD BE DEVASTATING TO SURROUNDING PROPERTY OWNERS.WE URGE THE DIRECTION TO DEVELOP TO CODE STANDARDS ONLY. THANK YOU, BOB AND PATTI ROGOWICZ, RESIDENTS AND OWNERS, 1621 GULF BLVD#808, 1621 GULF BLVD.#PH-B 4/21/2008 4 · . . Page 1 of3 Wells, Wayne From: Peter Cunzolo [pcunzolo@execujetcharter.com] Sent: Friday, April 18, 2008 9:39 AM To: Gibson, Paul; Wells, Wayne; Hibbard, Frank; Petersen, Carlen; Doran, John; Cretekos, George Cc: Manni, Diane Subject: RE: The Shoppes of Sand Key Mr. Gibson: I was present last evening until the bitter end. For a brief moment I almost believed that you and the fellow council members understood the situation, especially you sir. Eventually you too acquiesced which was very disappointing. You yourself found the traffic study to be flawed. Any of you that drive that area should know that the report of vehicle traffic did not match the findings. A statement offered by Mr. Doran regarding equal treatment of homes along SR 60 to those on Sand Key was then in his next breath contradicted by his comment of the difference being in property values. One of my issues is that none of you cared to address my concern of the ferry system that Legg Mason wants to install that runs to the Cabana Club from the Biltmore that will travel directly in the canal behind my house. How does that preserve my future enjoyment of my home? How do their guests possibly traversing our private property make my family feel secure? I don't expect any of you to understand because clearly your vote tells me you did not quite get it. Allowing the density increase that you passed puts the precedent on the books. It is na'lve to think that no one will try to push that envelope. The situation that was allowed to be created on Clearwater Beach was done so by flawed voting. Now, it is expected to be properly addressed by more flawed voting. Even in the admitted absence of necessary surveys regarding CCCL's. Even now none of you know exactly where that line actually stands. What would have been the harm in postponing a vote and pursuing the necessary due diligence? Why hastily even move to a vote when perhaps a compromise could have been struck as a result of more information? If then the outcome was the same, even I would understand and have more of an appreciation and understanding for this outcome. In the military there is a saying that "Having lost sight of our objective we will now redouble our efforts." I could not have put it better myself. Another flawed vote will only make this worse. You were our go to guys. What now? What do we do if our worst fears are realized? None of this is meant to be any sort of indignation. I will openly say I listened carefully and at no time disrespected any of you with comments or outbursts. I will not do so now either but the fact is you all blew it last night and failed us as residents and your constituents. I will also tell you that we can agree to disagree so as to save you the effort of even having to respond. Nonetheless, thank you for your time and considerations last evening. Sincerely, Peter Cunzolo Confidential Notice: This email may contain CONFIDENTIAL or PRIVILEGED information and is a private communication between the intended addressee and ExecuJet Charter Service. If you are not the intended recipient, reading, copying, using, or disclosing its contents to others is strictly prohibited. If you have received this email in error, please notify us by replying to this message, and then delete it from your system. Thank you. From: paul.gibson@MyClearwater.com [mailto: paul.gibson@MyClearwater.com] Sent: Friday, April 18, 20088:17 AM To: pcunzolo@execujetcharter.com 4/1812008 . e Page 2 of3 Cc: Diane.Manni@MyClearwater.com Subject: The Shoppes of Sand Key Dear Mr. Cunzolo, I assume your email concerns The Shoppes of Sand Key, as the Sheraton and Marriott properties are already zoned Tourist. You should note that the City Council is in the process of zoning the Shoppes of Sand Key as Commercial and excluding Commercial from the increased density permitted by the county. Your voices (and emails) were heard. Best regards, Paul Gibson City Council member From: Peter Cunzolo [mailto:pcunzolo@execujetcharter.com] Sent: Thu 4/17/2008 8:42 AM To: Hibbard, Frank; Wells, Wayne; Watkins, Sherry; Doran, John; Petersen, Carlen; Cretekos, George; Gibson, Paul; Manni, Diane; jofarnum@yahoo.com; saveourshopsatsandkey@live.com Subject: Mr. and Mrs. Peter Cunzolo 107 Marina Del Rey Court Clearwater, FL 33767 Dear Mayor and members of the City Council: Please accept this letter as a compilation of thoughts as to why rezoning efforts to a T classification on Sand Key is not in the best interest of the residents or the residential community. Sand Key is and has always been predominantly a residential community and in my opinion probably one of the crown jewels of Pinellas County. When one considers the commercial aspects of beach going and tourism Clearwater Beach is what comes to mind. Building more hotels would dramatically change the area and in some ways probably not for the better. Development, change and progress are not something I oppose entirely but it must be done in areas that are zoned for that purpose. To change a residential area is something that will either force people to move or cause people to no longer wish to reside on Sand Key and that only would further the decline in property values. Adding high density commercial buildings would more than likely further strain the current infrastructure that is already in place. The discussions of providing a ferry service to and from the Biltmore for guests to use facilities at the Cabana Club are absurd and unconscionable. Increased use by a commercial vehicle may allow for damage to our properties and possible the sea walls. The thought that our residential canal will be frequented by a commercial ferry service operating until late hours makes this resemble a city or commercial dock which will drastically hurt our property values. This takes away our privacy and possibly our security as residents along these and particularly our own waterway. This area is not suited for commercial purposes and completely detracts from our residential community. The thought of Gulf Blvd. now being traversed by those same ferry passengers is only a recipe that will cause for an increase in traffic and pedestrian accidents. Increased water usage, increased electrical usage and increased vehicle emissions do not seem to be a step in the 4/18/2008 . . Page 3 of3 right direction for the community or the environment. The type of vehicle traffic that the residents would be subjected to is very detrimental to the community and those residents that are enjoying the neighborhood. It is clear we as residents understand tourism and the benefits as well as the detriments associated with the same. That said it is also clear why almost all of us on Sand Key chose to live here as opposed to Clearwater Beach. We are a residential area and not a tourist attraction. That is and always has been Clearwater Beach and this is how it should remain. If there is an area in need of more hotel rooms I would hope that the board could consider pointing developers in the direction of Clearwater that could very much use the extra capacity. I respectfully request that you reconsider the increase hotel rooms on Sand Key and not change the demographics of our neighborhood and community. I will also take this time to thank you in advance for allowing me the opportunity to share my views on this subject. Sincerely, Peter R. Cunzolo Confidential Notice: This email may contain CONFIDENTIAL or PRIVILEGED information and is a private communication between the intended addressee and ExecuJet Charter Service. If you are not the intended recipient, reading, copying, using, or disclosing its contents to others is strictly prohibited. If you have received this email in error, please notify us by replying to this message, and then delete it from your system. Thank you. 4/18/2008 . . Wells, Wayne Subject: Chris Evans [evans.chris01 @comcast.net] Friday, April 18, 2008 3:21 PM Wells, Wayne; Frank. Hibbard@myclearwater.com; Doran, John; Cretekos, George; Carlen.Peterson@myclearwater.com; Gibson, Paul Save Our Neighborhood From: Sent: To: RE: case #FLD2008-02002, 1590 Gulf Blvd. Dear Sir: SAVE OUR NEIGHBORHOOD! I CERTAINLY HOPE SO! Please represent the homeowners on Sand Key. We could have bought right on Clearwater Beach. We didn't. Residential or tourist? No question for us. We have been visiting Sand Key for near 37 years and bought on Sand Key for our retirement. We paid for the view and want to keep it. We paid for the condo and want it to maintain/increase it's value. More traffic! Just what we don't need. We have watched Gulf Blvd. grow and change over the years. Where does it end? Look around on Sand Key. There is space between the buildings adding to the character of Sand Key. Do you really believe that the Legg Mason hotel even fits on the property - ten feet or so less height than its next door neighbors AND less than 10 feet from the public walkway to the beach! Please consider your choices and its impact on YOUR tax paying citizens of Sand Key. You have a choice to make. Use you common sense and your heart. Support the residents of Sand Key. IF YOU HAVE A VOTE, VOTE TO MAINTAIN THE CURRENT EASEMENTS AND ZONING CODES. IF YOU DON'T VOTE IN THIS ISSUE, YOUR OPINION IS PRICELESS. VOTE/OPINE WITH AN EYE ON THE LONG TERM PICTURE. VOTE/OPINE WITH INTEGRITY. With gratitude, Maria C. & Arthur K. Evans 1591 Gulf Blvd. #401 1 . 1 . . Page 1 of2 Wells, Wayne From: Peter Cunzolo [pcunzolo@execujetcharter.com] Sent: Thursday, April 17, 2008 8:42 AM To: Hibbard, Frank; Wells, Wayne; Watkins, Sherry; Doran, John; Petersen, Carlen; Cretekos, George; Gibson, Paul; Manni, Diane; jofarnum@yahoo.com; saveourshopsatsandkey@live.com Mr. and Mrs. Peter Cunzolo 107 Marina Del Rey Court Clearwater, FL 33767 Dear Mayor and members of the City Council: Please accept this letter as a compilation of thoughts as to why rezoning efforts to a T classification on Sand Key is not in the best interest of the residents or the residential community. Sand Key is and has always been predominantly a residential community and in my opinion probably one of the crown jewels of Pinellas County. When one considers the commercial aspects of beach going and tourism Clearwater Beach is what comes to mind. Building more hotels would dramatically change the area and in some ways probably not for the better. Development, change and progress are not something I oppose entirely but it must be done in areas that are zoned for that purpose. To change a residential area is something that will either force people to move or cause people to no longer wish to reside on Sand Key and that only would further the decline in property values. Adding high density commercial buildings would more than likely further strain the current infrastructure that is already in place. The discussions of providing a ferry service to and from the Biltmore for guests to use facilities at the Cabana Club are absurd and unconscionable. Increased use by a commercial vehicle may allow for damage to our properties and possible the sea walls. The thought that our residential canal will be frequented by a commercial ferry service operating until late hours makes this resemble a city or commercial dock which will drastically hurt our property values. This takes away our privacy and possibly our security as residents along these and particularly our own waterway. This area is not suited for commercial purposes and completely detracts from our residential community. The thought of Gulf Blvd. now being traversed by those same ferry passengers is only a recipe that will cause for an increase in traffic and pedestrian accidents. Increased water usage, increased electrical usage and increased vehicle emissions do not seem to be a step in the right direction for the community or the environment. The type of vehicle traffic that the residents would be subjected to is very detrimental to the community and those residents that are enjoying the neighborhood. It is clear we as residents understand tourism and the benefits as well as the detriments associated with the same. That said it is also clear why almost all of us on Sand Key chose to live here as opposed to Clearwater Beach. We are a residential area and not a tourist attraction. That is and always has been Clearwater Beach and this is how it should remain. If there is an area in need of more hotel rooms I would hope that the board could consider pointing developers in the direction of Clearwater that could very much use the extra capacity. I respectfully request that you reconsider the increase hotel rooms on Sand Key and not change the demographics of our neighborhood and community. I will also take this time to thank you in advance for allowing me the opportunity to share my views on this subject. Sincerely, Peter R. Cunzolo 4/1 7/2008 . . Page 2 of2 Peter R. Cunzolo President ExecuJet Charter Service, Inc. Phone: 813-490-0208 Fax: 813-490-0217 pcunzolo@execujetcharter.com WWW,_~2<_eGJ,lj~JGhQr1~r.G_Qm Confidential Notice: This email may contain CONFIDENTIAL or PRIVILEGED information and is a private communication between the intended addressee and ExecuJet Charter Service. If you are not the intended recipient, reading, copying, using, or disclosing its contents to others is strictly prohibited. If you have received this email in error, please notify us by replying to this message, and then delete it from your system. Thank you. 4/1712008 . . Wells, Wayne Page 1 of 1 From: steven hanson [emailshanson@hotmail.com] Sent: Wednesday, April 16, 20089:23 AM To: Wells, Wayne Subject: no more building on sand key Dear Mr. Wells: Mr. George Cretekos suggested I contact you regarding the following issue. I am writing to express my strong opposition to any further Hotel building on Sand Key, specifically at the Shopps On Sand Key or next to the Cabana Club at 1586 Gulf Blvd. You have certainly heard all the arguments so I will not recant them to you. However, please do not let the short sighted voracity of a few individuals supersede the welfare of the rest of the community on Sand Key. This is a residential community not a tourist destination. It should remain as such. Thank you for your time and attention to this matter. Sincerely, Steven Hanson Use video conversation to talk face-to-face with Windows Live Messenger. Get started! 4/16/2008 . . Page 1 of2 Wells, Wayne From: eunice hanson [eunicehanson@hotmail.com] Sent: Wednesday, April 16, 2008 8:56 AM To: Wells, Wayne Subject: Please stop the building on Sand Key Eunice E. Hanson 1591 Gulf Blvd., Condo 304 Clearwater, Fl 33767 April 16,2008 Dear Mr. Wayne Wells: Mr. George Cretos has advised me to email you my concerns regarding hotel development on Sand Key. We need your assistance to help Sand Key. As you are aware, the Legg Mason Company is attempting to build yet another high rise hotel on the beach next to 1586 Gulf Blvd. I am 77 years old and have enjoyed the tranquility and beauty of owning a condo at the Harbour on Sand Key for the past 17 years. The sunsets across the Gulf of Mexico have been a real inspiration and a spiritual experience in enjoying God's creation. My late husband and I purchased this property in 1991 because it was and has continued to be a residential neighborhood, not a tourist community. We felt the cost in taxes were well worth the returns from our residential environment. Now this will be taken away ifLegg Mason is permitted to build a new hotel beside the Cabana Club. I and my neighbors oppose the construction of this hotel because: . The hotel will make irreversible changes to our neighborhood and devalue our property. This loss in property value will be a proportional loss in tax revenue for Pinellas County. . We do not want or need any more hotels on Sand Key. . More hotels on Sand Key increases population density, traffic, noise pollution, and air pollution. . It also creates ecological problems such as further beach erosion and water consumption in the midst of ordinances for water restriction. . An increase in the population of tourists to a hotel could also compromise our safety as more people who are not vested in our neighborhood migrate in and out of Sand Key on a daily basis. . We support Legg Mason's renewal ofthe Belleview Biltmore Country Club, but not building on Sand Key. 4/16/2008 . . Page 2 of2 . The solution is to exclude Sand Key from the City wide increase in hotel rooms. Please work to preclude the construction of any more hotels on Sand Key. Thank you for your careful consideration in the very serious and important decision. Sincerely, Eunice E. Hanson Use video conversation to talk face-to-face with Windows Live Messenger. GeCstartedJ Get in touch in an instant. GetWiDdO\l\ls_LiveMeSSeDQeIDOJi\{, 4/16/2008 . . Page 1 of 1 Wells, Wayne From: Watkins, Sherry Sent: Tuesday, April 15, 20088:13 AM To: Wells, Wayne Subject: FW: Case #:FLD2008-02002 {1590 Gulf Blvd.} - Hell No! -----Original Message----- From: BernieByte@aol.com [mailto:BernieByte@aol.com] Sent: Monday, April 14, 20085:09 PM To: Watkins, Sherry Subject: Case #:FLD2008-02002 (1590 Gulf Blvd.) - Hell No! Dear Sherry: All but the Northern end of Sand Key is residential. Tearing down the Cabana Club on the South end next to Bellaire Beach to build a hotel there is something none of us Sand Key residents want including this resident of the Harborage II condo across the street. Would you like a hotel across the street for your house? Besides, the Cabana Club is a great restaurant and bar that my wife and I, our neighbors and all of our relatives really enjoy. Please don't screw up our beautiful residential neighborhood with a hotel! The place for that is Clearwater Beach! Please don't do it, and providing copies to the major and council members would really be appreciated. Sincerely, Bernard {Bernie} Browne Retired Aerospace/Defense Engineer and Manager Also, Author/Publisher 3 books and sole Inventor of "Instant Musician, Recording Artist and Composer {Patent # 6,740,802 } 240 Sand Key Estates Drive #68 Clearwater, FI 33767 727 -593-3717 It's Tax Time! Get tips, forms and advice on AOL Money & Finance. 4/15/2008 . . ORIGINAL RECEIVED Response to the Written Submittal ofLegg/Mason/ Belleview Biltmore Cabana Club. 1590 Gulf Blvd. APf~ 1 /; 2003 PLANNING DEPARTMENT CITY OF CLEARWATER Todd Pressman. Adiacent Owner GENERAL OVERVIEW: _ This is a request of very similar nature that has been denied twice by the City of Clearwater in past history, per the attached minutes, including a unanimous denial vote by the City Commission, at the exact same site. _ This is a request that is highlighted by seeking an approximate 260% increase in flex for height over what is allowed by current code, let alone flex requests for 5 other issues. - This is a request that is opposed by hundreds of residents, documented in petitions and communications with the assigned planner. Commercial zoning has been long held here and has given resident's assurance against height and mass issues at a critical location where height obstruction is critical in many dimensions. It is the desired intensification beyond the current zoning district that does not meet the required criteria, in my opinion. - This is a request that, in my opinion, cannot begin to overcome the simple, straight forward and direct criteria the applicant must substantiate. - This is a request that in my opinion could be a good project but it is proposed in the absolutely wrong location; the only conclusion should be that it is 'ten pounds of sugar in a five pound bag'. The inception of this project appears or is assumed to be two fold. One, as indicated in the application the owner desires to provide a beachfront experience or have patrons spend time at the beach. The current zoning entitlements allow that to occur now. they are currently operating that use now at this site. Other owner's surrounding the site, as I have found, have no problem or difficulty with the applicant exercising their current zoning allowances. They can offer and provide a wonderful day and night beach and first class restaurant experience at the site right now. They can redevelop the site now to provide a first class and better experience as they desire. They are just seeking to expand that allowance more than approximately 260% just in height, as noted above, where 25' is allowed, they seek 67', let alone 5 other flex issues that take the site far out of conformance with other properties on Sand key, in my opinion. Be aware that the total height of the proposed structure. from ground to the very physical top measurement of the structure. is not stated by the applicant in their elevations, nor did I see that in any written criteria responses. I believe this to be a strategy employed by the applicant where the measurement of the physical top of the structure is not used - it is the mid-point of the excessive . . roof architectural structure that is used, as directed by code. By personal guesstimate, it appears another 12' to 15' is not included in the "real world", actual physical height of the structure from ground to the very top of the proposed structure. Two, it is important to note that as indicated in the application, and as presented by the project's architect at two public meetings, it was clearly communicated that the prior owner owned the very large vacant site of where the Cabana Club Condominiums are now located, abutting Northward of this application site. It is important to note that that prior owner at that time sold the entire Cabana Beach Condominium site and kept this much small parcel for themselves. The property owner then moved forward to erect what is in effect a day trip facility with restaurant and banquets (there are weddings performed on the beach, for example). By accepting this site now under this application, the current applicant assumes the desire and direction of the prior property owner to move toward a day beach facility and not a large scale hotel facility. If the prior owner sought to have a hotel located on the beach, that owner had the option and control at the time, with a much larger piece of land under control, to build a hotel at that time or reserve lands for that use. Instead, that prior owner made a definitive and clear direction to only have an interest in a day facility. Critically_ the applicant fails to respond to Section 2-704.K.3.b. It is my understanding from the staff that this is an applicable and required criterion in the review of this application. That criterion states "The increased height will not reduce the vertical component of the view from any adjacent residential property. " All it takes is a very short personal visit to the site, or some simple pictures or an aerial schematics (both attached), to see that unequivocally, and completely, in my opinion, the raising of this project to the height requested beyond current levels clearly and substantially blocks the visual elements from dozens and dozens and dozens of property owners in several buildings. Some visibilities will be blocked almost completely and many others will have significant and varying degrees of blockage. There will be significant economic damage to all these owners, and that is a part of the record from the prior minutes also attached. This loss was presented in the millions of dollars. What is critical here is that the current Commercial zoning has been in place and current owners have accepted the uses and height that is allowed. Per the petitions and communications received by staff, they oppose in great numbers any rise above what is allowed by code. SPECIFICAL RESPONSES TO THE WRITTEN CRITERIA BY THE APPLICANT: e . Section D., 1: The site is in my opinion "spot zoned". It is surrounded and abutted by residential development. Dan's Island Condo's to the South. Cabana Club Condo's to the North. Pure residential to the East. There are no nearby located hotels or shopping center uses as the applicant notes that I am in any way familiar within the City borders on Sand Key! The only uses of that nature within the City jurisdiction are located on extreme North Sand Key - quite a great distance away. So, no, in my opinion, the site is not in harmony to the adjacent properties. In regard to side setbacks, those proposed certainly do not meet the ample setback as provided on the South, that side has a substantial setback of the building. The applicant's setback request in my opinion is far out of character. Additionally, the front lot lines of the adjacent and closely located uses in the City all appear to be extremely substantial and vast compared to the applicant's. What is proposed here is very small. Finally, there is personal concern of crowding over the beach with a 0' west side reduction on the beach. Again, this all points to a desire to "cram" as much as the applicant can onto a site that is far too small, in my opinion. The flex's asked for combine together to create an even greater over all negative effect than one single flex would call for (except the height.. . which is of itself far overwhelming and disastrous). All of them coming together create a massing on a very small site - the size factor stated by the applicant - in my opinion. D., 2. In my opinion, there will be significant damage and impairment of surrounding properties in the critical factor of a loss of visibility to the Gulf by many owners. In my opinion, this will be a serious economic and aesthetic loss in regard to the beauty of these properties. These properties are placed at their value for one major characteristic - the view of the Gulf and water. This project as designed in my opinion, will absolutely hinder and will harm the use of adjacent lands and again, significantly impair the value there of. D., 5. Critically, the applicant states that this project is consistent with the use and intensity on Sand Key. However, being an owner in the area, it is apparent to me that within the City's borders on Sand Key, and as stated previously, there are no hotels or shopping centers in the vicinity of this project site. It is all residential. The applicant states that this is a project aligned with the replacement loss of hotels - but Sand Key has not lost hotels or been any part of that issue. Further, that issue is not decided yet by the Mayor and Commission and in my opinion, does not does align with this criterion anyway. D., 6. Visual effects of the project are a disaster in my opinion. Rather than having a direct and beautiful view of the gulf, and having the open spaces as prescribed under the current zoning, and adjacent owners, this site is proposed to be many times higher than allowed by the code and much closer setbacks than existing and allowed now, on a front lot line that is far too small and . . significantly below code standards. The applicant can still build a site with a first class structure that includes the goals they are looking for, "... reflecting the architecture of the Belleview Biltmore Hotel". Most of the goals and desires they propose to beautify the location are permissible and available to do now. The applicant seems to present that since The Harborage Condo building, located westward and is 16 stories; there will be no effect of the height of this project (??). I am sure that there are residents and owners all the way to the 2nd floor of that development that will certainly have a different opinion! They've signed the attached petitions. There is no mention of the Isle of Sand Key in this criterion, another immediately westward condo building that I am in. There will be direct, substantial and in a lot of cases complete blockage - that is just completely unavoidable - most units enjoy this sole view out to the Gulf They have also signed the attached petitions in great numbers. The Harbor Condo's do have some visibility blocked by the existing Cabana Club, but the proposed project will, as I have been told by residents of that building, who have signed the attached petitions, will lose their entire visibility of the Gulf by just about 100%. Finally, with a site that is said many times to be a first class and beautiful location, as a site that will be highly desired to visit, with a restaurant and beach side amenities, there may very well be far more increased noise, odors and acoustic impacts from the substantial increase in rooms, activity and demand. COMPREHENSIVE INFllL REDEVELOPI\1ENT PROJECT CRITERIA RESPONSE AS SUBMITTED BY THE APPLICANT: 1. The site's irregular shape and size are the direct result and only responsibility of the prior property owner's. It was the prior property owner's desire and wish when they sold the lion's share of the other property abutting to the North! The prior owner had complete control to determine this parcel's fate for the future. It was not a property taking, it was not beach erosion, and it was not an easement that hurt this parcel. The only problem, in my complete guess, is that the current owner's got "stuck" with a parcel along with the big land purchase, of which they did not like. Redevelopment of the parcel can occur and should occur, just not to the huge and out of scale goals desired by the applicant. The Belleview Biltmore people may produce a good result. But, it must be done within much lesser "wants". The site is zoned with a high level of uses under commercial. The site is currently obviously busy on weekends and during the travel season. A great restaurant could be a nice amenity. The day beach experience is available now. The size, scope and scale were determined by the owner and they need to accept what they got at this site along with their main purchase of the Bellaire parcel under current allowances. In my opinion, the applicant contends that the site is unbuildable under these criteria, because what they want to . . build is not allowable versus the applicant working within the parameters of what is allowed on the parcel. Again, I conclude this is ten pounds of sugar in a five pound bag. 2. Certainly the use of overnight accommodations are permissible in the Commercial category - as long as what you want to build is also aligned with the goals and policies laid out in the development standards for your parcel and the size of your parcel and the surrounding uses of your site. The fact that the height flex is approximately 260% more than code allows, and they are seeking 5 other flex issues, points clearly to the fact that they are not in line with goals and parameters with basic planning objectives, in my opinion. The flexes include a side setback to the South that is at 0', where the neighbor, Dan's island, provides a vast setback. They seek a 0' setback to the beach line. Further, the applicant states that redevelopment of the tourism industry is a factor here. That course has not been decided by the City leaders yet. Further, South Sand Key has not been a part of the swing from "hotel to condo back to hotel". This site has always maintained the same use. There is no "fix" of this "tourism" nature needed at this location or on Sand Key. There has been no loss of hotels to residential to hotels on Sand Key. By the weighed factor of citizen opposition, this is a site that not desired nor fills any kind of "City" need. Again, the current use of the day beach experience provides that desired goal of the applicant, in my opllllon. 3. In my mind that if the hotel is built and destroys the view from the surrounding buildings, the single and primary economic and aesthetic value of those structures, those condo's and buildings will fall to a much lesser worth and will fall into a lesser state of repair and standard. It could be similar to many Beach or entertainment areas where a wall of hotels, etc., causes a blight affect on the immediately located properties to the rear from enhancements and normal value progresslOn. 4. There will unequivocally, absolutely and completely be direct, significant and damaging effect on the dozens and dozens and dozens of condo owners in the immediate area, as clearly seen by a simple site visit and accompanying materials, in my opinion. Some will have complete blockage of their views and some will have varying degrees of blockage. This will occur with the proposed height and South side setback that are far out of line with the code as proposed now. The current site does not block much visibility at all, and neither would a structure at code levels. 5., b. The site could add jobs for a redevelopment site and functioning restaurant and day beach visit site tied into the Belleview Biltmore site, without the application needed. The addition of 38 hotel rooms is not an economic barn burner, in my opinion! It is not understood how a redevelopment project in Bellaire improves economic elements in Clearwater. Emphasis seems to be placed on the improvements and expansions in Bellaire, not on Sand Key. . . e . d. The applicant is providing no benefit for affordable housing at any of their projects. e. Under this criterion, the site appears to absolutely be a spot zoning site, in my opinion. This criterion was not addressed by the applicant. Per earlier information, there are no adjacent or any closely located similar activities except to the extreme North Sand Key area within City boundaries. There is no ". . . area that is characterized for development or redevelopment in an area that is characterized by other similar development". f there is no working waterfront component. 6., a. The site is not suitable for a hotel and resort and restaurant activities to the scale desired by the applicant - that is supported by the many flexes asked for and the degree in which they supersede the code. In my opinion it will absolutely effect the improvement of the surrounding properties by introducing a much too large commercial activity in the middle of a beautiful residential area and will also cause a tremendous reduction in values and aesthetics that will affect negatively the surrounding properties. 6.,b. The design of the surrounding uses is all residential. Allowing a much too large hotel architecture into the vicinity will not be an addition or plus to the area. The area is characterized as all residential, therefore, in my mind; the architecture should remain in the same character throughout the area. It is believed solely by myself that part of the reason the architecture was chosen was to be able to present the height element in the best light possible. 6., c. The issue is the amount of mass that is proposed, the scale and design of the site and by the virtue of what is proposed under the application, that it is a Comprehensive Infill application, where they had to go to the extreme of the "zoning applications", and that hundreds of residents are against the issue, what is proposed is far too much, in my opinion. Again, the applicant cites resort facilities, but all of Sand Key in the City is residential, except the far North points, to my cognizance. Sand Key also provides a lot of open space between and amid the residential uses, which this site does not, apparently asking for setback flex's on every side of the development. Sand Key is also special is providing significant front yards, where is it appears (although not confirmed) they are seeking to reduce that too. This is further negative by their apparently very short lot line on the front. The big picture, and what is proposed, adding all the requests together, having a very short linear lot front, along with a many times too high structure, with setback flex's requested on all sides, that it takes the development far out of character from the other property owners on Sand Key, clearly, in my opinion. The finished result would be a project out of the current scheme on the Key on many parameters and over all the small site with significant request takes it far from what you see on most other properties on Sand Key, as I see it. . . . . 6., e. The applicant appears to use the South adjoining property, which provides substantial open space as support for their own requested flex! Rather, they should be trying to match that view corridor and open space on their own property. Historically, as the site now exists, there is a parking lot and limited pool structure. They seek to go many times past that by placing a building and pavement at a 5'. ORIGiNAl RECEIVED . . ORIGINAL i?ECEMD AU~<I It 20ng . !.. ~ .- .UUu PLANNING DEPARTMENl CITY OF CLEARWATER . . ORlGINAr. :>1=~!:~!lT To The Cit of Clearwater" Mr" Wa ne Wells Planner for the Ci Clearwater: The Honorable Mavor and Commissioners: .1 !\ 2008 PLANNi.f'."'.'" "". ijLr"CRTMENT o<fTY OF CLEftJ:NATER Please accept this letter of communication as a letter of opposition in regard to COB Case #LUZ 00-05-08, 1590 Gulf Blvd., Known as the Cabana Club restaurant. This association directly represents 124 of owners and citizens of the City of Clearwater. It is the communication of the Isle of Sand Key Board of Directors that this application must be denied by the Community Development Board. First, the application does not meet the criteria required under the standards upon which it is to be reviewed. The height ofthe proposed project will be extremely detrimental to, as stated in the code, .vertical visibility". In fact, this proposed project would literally be disastrous in regard to that criterion. This is a variance that seeks about a 2S0% increase as to what is allowed on that site today. Second, the proposed project seeks to establish itself far beyond its original stated purpose and need, a day trip location for patrons from the Belleview Biltmore, when the entire original project was completed a long time ago. Third, the proposed project will have intense and dramatic economic damage to hundreds of property owners on this end of Sand Key Beach, due to its locational aspects and visibility factors. Fourth, variances sought for setbacks are not supported and sought only to maximize the use of the property, particularly the side setback variance. This would also be extremely detrimental in the regard as noted above. These variances strike at the heart of the beautiful nature and setting that has made Sand Key one of the most beautiful beaches in the State. This is a case of putting ten pounds of sugar in a five pound bag. It is our desire to communicate strong opposition for this application, as supported by the many owners of this building, and ask your firm denial of it. Thank you for your consideration. Isle of Sand Key Condominium Association, Inc. ~UgSeth resident . . ORIGINAL RECEIVED SAND KEY CIVIC ASSOCIATION BOARD OF DIRECTORS MEETING APR 1 4 2003 PLANNING DEPARTMENT CITY OF CLEARWATER DATE: WEDNESDAY, March 5, 2008 TIME: 7:00 PM PLACE: 2ND FLOOR, SAND KEY SAILING CENTER AGENDA ~ Pak5 , ~. {fuM.'(>J /( f ~ ~ LtJiteL (1i{;(/f=' S 1. Call to order 2. Pledge of Allegiance 3. Resignation Letter 4. Appointment of New Board Member 5. Approval, Minutes, February 6, 2008 6. Treasurer's Report 7. Report from Clearwater Police, Lt. Andrews 8. Presentation by Management Team of Belleview Biltmore Hotel Martin Smith, Gen. Mgr., Tome Reynolds, Atty., Ron Harn, Builder, Richard Heisenbottle, Architect 9. COMMITTEE Reports: 3. Clearwater Neighborhood Coalition, Herb McLachlan b. Beach Issues, Nick Fritsch c. Other Civic Organizations Meetings 10. Old Business . a. Thank You, Jerry Koenig, Jo Ellen Farnham & Committee b. The Shoppes on Sand Key, zoning application i. Community Development Board, Mar 18, 2008, 1PM d. The Cabana Club Restaurant Property development ' New business Members comments and suggestions Date for next meeting, March 5,2008 Adjournment rr-rJrJ~fr;rJ 0ff(U ~( 11. 12. 13. 14. . . ORIGiNAl RECEIVED APR 1 /~ 2008 PLANNiNG DEPARTMENT CITY OF CLEARWATER PETITION The following signers hereby communicate opposition to the Cabana Club proposal to the City, under file # FLD2008-02002, 1590 Gulf Blvd. The proposal would drastically affect vertical visibility, would critically cause significant and widespread negative financial impacts, is not compatible to the immediate area, seeks to force far too much on the site with too many variances and would be devastating to sWTounding property own- ers. We urge the direction to develop to code standards only. Thank you. Name Address PhonelEmail Date ;:(J ~~;: : 2<:{ cD i{c;l- 1)2,08 ') ~/p.f 517- 8'71 ~<S/J-D/of- ~u'3 -'7Y30 3/.;Lo!og 71 )- 'S/ 7~-7/5 7 Y?%f 7;J7 5'lCi'. c/ h qd. :3(~71 ~ ? (-) /_ //' '(:: / .-,.,' ) t'/'E:?_. /:..,.(, . , , L_ { f' r / (. /, ~, ( - _/ Its'! ~tJ):r,J' 4-,-. C~1f:~v )~9r-~J '/3 .(\~\-\-V) SWI~\eJ.\ Ilq) U4\~J169 c..~. ORIGINAl RECEIVED APR 111 200B PLANNiNG OEPARTMENl PETITION CITYOFCLEARWAIER The following signers hereby communicate opposition to the Cabana Club proposal to the City, under file # FLD2008-02002, 1590 Gulf Blvd. The proposal would drastically affect vertical visibility, would critically cause significant and widespread negative financial impacts, is not compatible to the immediate area, seeks to force far too much on the site with too many variances and would be devastating to surrounding property own- ers. We urge the direction to develop to code standards only. Thank you. t Name Address PhonelEmail Date {1r-( '~~k (Joo &:vIr B1uLic&'io lJ.7-srr-{)(Jtf.~ 3 fKlJk ~ lvt..i1..v ,y'o 0 ~ 1f.4..J... II: 3~ ~ - 5~q~ -'-11'/ c; ~ ff~/ 51?, /~.45 ~ d~r ,4d1-&Y7-tJ/fO ti: 61 "J 5 9 3 .,$ !L;)/, ~7 ~~,j?~ -- I' I sYG; - ...z I S-~ ( ~ ~ 7(~ .I- /// 5?.f- A/~ . J)~~ ' ~O/ ,<J/,r<.>2JJ 9w'~~ /t;.oC)~J/Jt2tHiLflc1{6 -.5'9S:-0 ~;(6 ~i-LGv ~ ~ d$d~ff/f/tJ ,Q 7 ',1.1 ' 1'7t't (( 69~oo% ~tj\Btn(/ -- J .5 9 5""- '7~r9...3 5ilrlt ~? " e . ORIGINA~ RFCf=MP APR 1 4 2008 PETITION The following signers hereby communicate opposition to the Cabana Club proposal to the City, under file # FLD2008-02002, 1590 Gulf Blvd. The proposal would drastically affect vertical visibility, would critically cause significant and widespread negative financial impacts, is not compatible to the immediate area, seeks to force far too much on the site with too many variances and would be devastating to surrounding property own- ers. We urge the direction to develop to code standards only. Thank you. PLANNiNG DEPARTMENT CIlY OF CLEARWATER Name Address PhonelEmail Date 1-< lll'4Z ,/lit (;f!e'J11 I(J-r c~ If 8A,c1 4/r J2.. Yd )L' 6 y~ Y5L d- 3 .:fo k"" 1)1 II (A W ~'--'I I ': )<>c.-j ;LJALi!k( ( :30 f) Fa rv-r: 1/ j~JL jcL {( 2/ a<< ~#fYC{ /, I ~ U " L"--' l / ~ . /' '--'-" ~-1cJf) '(4:1. At (/11//1/2" , f . l ~ n1 ,/ I ~ ~ I ' I, to ! i ~ [l1./f: L '!'-1'1.r\j"" '1J7<. i() (/{ .-- p ( r rVU,d Ct4 , ( Ie '7..1 G l-l.. }f 'B7 v'~ ( \ ,II/D) Ilf(JLf /Ju ( / ~\j / 1''' .) /" ...> I." Y'-/o -or y) 0 ; Lff (J !o ff ( ( i /0 /oJ tj.-/{) /08 ?<-" /?- ',-' () 0/:;' ~-12,ol (-/' or (./~, -._(J~ II 10 ~ '..., /~ol.t . 'I j I il {; tc ~ /j HJ~- 50? (- / ') ,- 0 g- 'Of} ,,' (j/I/ N / ! /J ) J-l 12 ;r/ /\/ / c,' -' ) {.J Cc. -?- /} - () g . . ORIGINAL I?ECF-NFD APR 1 /1 2008 PETITION The following signers hereby communicate opposition to the Cabana Club proposal to the City, under file # FLD2008-02002, 1590 Gulf Blvd. The proposal would drastically affect vertical visibility, would critically cause significant and widespread negative financial impacts, is not compatible to the immediate area, seeks to force far too much on the site with too many variances and would be devastating to surrounding property own- ers. We urge the direction to develop to code standards only. Thank you. PLANNING OEPARfMENT CITY OF CLEARWATER Name 6i> ~w fill-, Address J,~1!.6o ,eL- I Phone/Email Date {.;>.1- dS' -z- --%31 0.:1-;z..S'"' - ()rf ~_..'l 0 I. ~ '.J -<- '7 ,> -r-f e..-./C.oS I~ t' Q)E.'\/lT h l"vA .. ,,/ e 'J/lCIz 5h~ 'S'Z1J I .~ 1~/V14)r~ (l;,rt-A-~r 3/2 ~(J8 -1L J . ' )tJM,~ltJ/I jj)-.Y-7o(<3'17-56! 0" '/c:01./~ t;(50 tr-207 - 511-1/5"6- J~ HeRe.. ld .2.2.200U4tJflool.( A-r: tJ 6c/!c<.,j1. 6/vfA 727-'1lf-YfJ ~tbUA_ j)LY~h{{r') (' Ja;i /(L(/j~{ I u b (',"<.LDJ..{()'~; ~~'LQ~Q,u..(~, ~\.JJ..l.Cu- If) ctl 1../ - .3 - () f;/ -f /''; ,. (l ">A l ...,;../A.4r,I:-..... &g.t::t3l~Cl/l.e...-~~{ .,., ("'" It }( I 'Q f'l ''<'''' Ii ..' IV, H(r-O -\-' tt.~.\ \'(.._~AL.X I Ic<( I ~:J7"!..: / /~/.!5!J 1;771/ (-: IZ( 5( i i\.-l- ;Sc'j( l 13' y 0 (, (,/ /.. I~- oC( S 1<..:5' L.I ..-;> .. .. .s -G S\, eX. r .~ ~-\~ \:" ~Ct~ .\~ \':~ C,{ G C '-.) \~. ~)( '-J.t . ~,{ --:; <.Jf ) i' f...l-i' ",. -( iJ'j LL '-.{;: . , t..+_ / L / C. :,") , I ,..1 e e :JRIGINAi 9FCFMf1 1 4 2008 PETITION PLANNING DEPARIMENl CITY OF CLEARWATER The following signers hereby communicate opposition to the Cabana Club proposal to the City, under file # FLD2008-02002, 1590 Gulf Blvd. The proposal would drastically affect vertical visibility, would critically cause significant and widespread negative financial impacts, is not compatible to the immediate area, seeks to force far too much on the site with too many variances and would be devastating to surrounding property own- ers. We urge the direction to develop to code standards only. Thank you. Name Address. PhonelEmail Da~ h ~ ~JaJ/ ~~ ~:I7rP2 //.~? "-r ;/ ~ /V / OO~c&4J~d~-t.4. ! \t://La/~t~ l.,.e(;j :3,~?~,,-.;-1.J304& /09R 'I /3/0J' . . ,'ijlk;m\tA.l ;;'fO~~ Ar-'K 1 4 2008 PLANNING DEPARTMENT CllY OF CLEARWATER PETITION The following signers hereby communicate opposition to the Cabana Club proposal to the City, under file # FLD2008-02002, 1590 Gulf Blvd. The proposal would drastically affect vertical visibility, would critically cause significant and widespread negative financial impacts, is not compatible to the immediate area, seeks to force far too much on the site with too many variances and would be devastating to surrounding property own- ers. We urge the direction to develop to code standards only. Thank you. Date g-2!l..~ . /'" ,t&t5d ~ ~ It ~rd ' Jh;- ?>-'u--c~ 'f~ l\A'~l: 1611 (;VLF &,vD, if/pOI 3('vifo'b r/liJki/f- J1/.~ I~_ 1021 bllll" ?l1It1 #:/CIfY? ~/z.'S/jP ~ -( ~4;f~ 7~ ~.JI ~~ ItH 11&~.J/t3Icp ~ 12 !0).,(,~ it-l.1F-9d( 3- ).~-(.")r 11' 'A /<,(;.;/1 Ie r< t/., ~r7b7 I \\o~ \ C:v-\~ / /~/ g/~//" '/ t/a/77<<c::;y /~ l../ . "3' L3'\)~ #c30/ 3 .~~.c8 /G2 (avtact f{ tec;sLMct t4 7J ?-1dY (760 . . ORIGINAl RECEIVED .APR 1 4 2008 PLANNING DEPARlMENT PE TITI 0 N CITY OF CLEARWATER The following signers hereby communicate opposition to the Cabana Club proposal to the City, under file # FLD2008-02002, 1590 Gulf Blvd. The proposal would drastically affect vertical visibility, would critically cause significant and widespread negative financial impacts, is not compatible to the immediate area, seeks to force far too much on the site with too many variances and would be devastating to surrounding property own- ers. We urge the direction to develop to code standards only. Thank you. ./ jJ/d wIIPJ!tJ, ~/~r 1~1t) 6iUy=-~IJt> ~lj) 5r1- "C.::.o;O~ . . ORIGiNAl RECEIVED APR 1 [1 2003 PETITION The following signers hereby communicate opposition to the Cabana Club proposal to the City, under file # FLD2008-02002, 1590 Gulf Blvd. The proposal would drastically affect vertical vis~bility, would critically cause significant and widespread negative 'financial impacts, is not compatible to the immediate area, seeks to force far too much on the site with too many variances and would be devastating to surrounding property own- ers. We urge the direction to develop to code standards only, Thank you. PLANNING OEPARTMENT CllY OF CLEARWATER Name k'~ez-o( I:iJJ /%l{; UL J&Je- Ivfr~.5 Address /;200 Gif &/c.J ,I I PhonelEmail Date ~h,$'~6?~Cg,l(". 3ft~.p e-dJD)€-ZA,{@.UIMClt('j. ~ / .;L tP e) C-j Lt:- ~ Lo) .JesJtll{l.4AW~ 4-ol. c.~ I 1/ r~ Oq~~~ ~~e. \.-~~ef! '\ PETITION The following signers hereby communicate opposition to the Cabana Club proposal to the City, under file # FLD2008-02002, 1590 Gulf Blvd. The proposal would drastically affect vertical visibility, would critically cause significant and widespread negative financial impacts, is not compatible to the immediate area, seeks to force far too much on the site with too many variances and would be devastating to surrounding property own- ers. We urge the direction to develop to code standards only. Thank you. . . Name Address PhonelEmail liu ,vu, ~..4 - I c-~ I Li.t3u -#.5'" " #i ~~/.flJ-tJ /60-1t:Mft5/tJ,L -tJ;' ::5" V t ~ ~"O-\l{" t '?~"I"\ /lID S- f /1" , I~'"( -. III) ~ 'Ll Gtt}( 6/vP ~(J 0 I ;tIP ,. ftlt(c'( ~- /111J1 1l/2 T/ A/ ~I /:2-1 &uJ-F 6L'v: ' /1] ILb/2eIJ D-Jt-7Z-!/ /02-( {;otJ d'Lvlj -:tI2 <.JY ;( Iii L!W/jj/1~,!J /h)/&--!//r'~3 ORIGINAl. RECEIVED APR 1 4 2008 PLANNiNG DEPARTMENT CITY OF CLEARWATER Date .2<24, c;I ~ /0 9' j/~7/~ J/21I:r;r 2~Ot i~/-" jT' 4_1-0 P t/k!; y / .-' . . ORIGINAl RECEIVED OV?Oi ( (j(~q,,, t., ~ \11 VJ l~,,\f\ \ APR 1 L1 2008 PlANNING DEPARTMENT CITY OF CLEARWATER PETITION The following signers hereby communicate opposition to the Cabana Club proposal to the City, under file # FLD2008-02002, 1590 Gulf Blvd. The proposal would drastically affect vertical visibility, would critically cause significant and widespread negative financial impacts, is not compatible to the immediate area, seeks to force far too much on the site with too many variances and would be devastating to surrounding property own- ers. We urge the direction to develop to code standards only. Thank you. Name . Address #'/tit PhonelEmail Date'~ /2 \ I at S~ S;~dl l..S-llC:tif 4/()j s:ts(/ltLt.57M6'~',Cc." 7(~.~H 1:8/ g:r~. /RtW",:-Jdt?& ~4~;~ (/~u/ ,~~-"Jg 1 t4LJS.J /5'i / Y :6~~<'l 3> %Yft,? i" ~ -Z..A~ ~~~ '( ~/ .. - ") /17") , f ,. . I I ^-'\../)....L ~ 15-~ , / G'<-{ \.- /- ~j/{) Y l ~_ ."'."_.,0/' ./ /'1' V .'\..l../ . . ORIGINAL RECEIVED APR 1 4 2008 PLANNING DEPARTMENT CITY OF CLEARWATER PETITION The following signers hereby communicate opposition to the Cabana Club proposal to the City, under file # FLD2008-02002, 1590 Gulf Blvd. The proposal would drastically affect vertical visibility, would critically cause significant and widespread negative financial impacts, is not compatible to the immediate area, seeks to force far too much on the site with too many variances and would be devastating to surrounding property own- ers. We urge the direction to develop to code standards only. Thank you. Name Address PhonelEmail Date j)tlf~{Llu~i11tP~ ISerf H#td. ~d()(X}€?on/ Ink I.,' VJUatl~ fi!-.l'7'--l 1(;'1/ 0idf Blvd ,L_ .J} n /'(/(V-- i57/ I' 5'/3- ~f,,~ ~~~ W~ ~ JS'i1 .5 - ~</- - lJt Y~d4- u r ;$C;/ (:'?~\I/ 13/,;{) ::t -':<5 - L;,c./ ,,-:iJ. ~} " I ,) 1,-/ ,j / ) ') / ()..1 ,.."""~ ,. II ' .', ". K>.-i~( . ';? , / 'It;, f'/"( ".\.., / ') Y ("'V If' . /t~(15~9"{ "23? c ::; /;~;;;. Ie ,S/ --.' .:::;:::-.... - --'" / ..':' A .. (~./i{.",'L t'LL ''< ./ "L-~ J,.7/ t:~ ;I/l c't 4' C L__ /3>)-' / /.:/ i.t..~~. J:j''1",l' 7 (j I 54' ,:;/ (.' ""~ ,,- ~. .~ ~ .-z. t... ~ 1 . ; >') JJ ;J <-'/j /S- (~ S ~ :;>i. ( /;";' -f- \) \. () - u rjl :J rJ 5 ;10'0 \_.~. . t.,. . .,~ i j J ,'),/ / L~)LtCi.L~\.::':"'"1;tLLt ~5- '''~ l , I t{ttl.{ /JL l}-.I! ~:i/' :]5;/ Cl::j I -J~'(\(W~\tlN\ ,('\~C'.L~\.l '~2'.ef is"C\ \ crvJ.t.t-J ~8 JJ st1C~V: @ :r.J.vv ~ CM .1 ~rrY\...' Aft .~S~S- ,'z..J2SJl! /( . ~ ..... t ./ , . , ;; /,d I I!lI! t . .. /-. ' . J.H /U;/ '.i./ I /),/" . -?/s 7,2/7 ~cr.f-::;{.f~ .i.6,l,-kf. . e ORIGINAl.. RECEIVED APR 1 4 2008 PLANNING DEPARTMENT CITY OF CLEARWATER PETITION The following signers hereby communicate.,.gp12osition to the Cabana Club proposal to the City, under file # FLD2008-02002, 1590 Gulf Blvd. The proposal would drastically affect vertical visibility, would critically cause significant and widespread negative financial impacts, is not compatible to the immediate area, seeks to force far too much on the site with too many variances and would be devastating to surrounding property own- ers. We urge the direction to develop to code standards only. Thank you. Name ~-it,{). WAL~H Address U tJ (T ~ I g PhonelEmail Date +- (;1(t1T~T/.J /600 1<( if/I) 11>11l-~ f:T(;](;)of. , ?[t~ vJl -O~fJ 3/YfO 1 3!2g!&J .r)t- t~J . oA.. l?E~ /I O/...J ~ {t:?~ / 7D~C t?/? ~/' 9' (f/ ~// I~h , ,-€/ 9\-eQ ~ \ 0~ 0 ~ APf? 1 4 2008 PLANNiNG DEPARfMENT CITY OF CLEARWATER PETITION The following signers hereby communicate opposition to the Cabana Club proposal to the City, under file # FLD2008-02002, 1590 Gulf Blvd. The proposal would drastically affect vertical visibility, would critically cause significant and widespread negative financial impacts, is not compatible to the immediate area, seeks to force far too much on the site with too many variances and would be devastating to surrounding property own- ers. We urge the direction to develop to code standards only. Thank you. Name /) :1 J ~( tlJeU4:~ ~&J~ AbJi-u.(ji~1IW /6 ~ 0 JjA/ 6ttt-I-IfI/ll/ ~/ h. 3 3> 76 7 Ww (J G' " -i/-., . \ ' .," " ,) , "-:.u / /" ,~), I\X'l\,'l\..L ~Jh)J"J /Icoo, ~ '~/lc,( /I ~ U_0\IIW'r/(::X -', ) (0i Q'K.9 ~1l vu:. j La' '-0-._t~J QQ,..l III v '- "'~' fieC1 ~J']) i CkS()f\I J to C6 &uLJ /3LVJ/ { , ' ~/t' 0, ",i c1i'//"':' ., , iI, ..~ / .. r' 1 .'t"/J lj'~ f1j{"tL !'; <it.L:/(Z L ,~ (lj!{(;q 1"') i /~- /~ - (~~~ II ~(IL "-.., ~ A... -r" ,,-'--- (~1 Sl.' l · i&;o[, Address PhonelEmail Date jboo Gzf-I3LJ #'~T7 crJ'eW1CiIVl Qcir~w.t?J<-t. i bOO 6).>J:=.BL...-d ~ /4- F --rU~f,J 4 j e ~ L Gtl'\\ , I l/Uf/O( D:S /z.4JO(~ ~' ,. ; 1 1,\ '\ ~ , . ~- "J::J!t"\.J l-" (:'-L.LL--' ~ q\4- '3 ( l Lf-/ rJJ ~ i ~ ~ i Z. ! . r h I' \ 3 J 23/ l<x'Y 1~1- ~ ; / (~Z!l-:' SJ~:, -I' / II ~- ~/j8)~? ~ -S/'U/6~ 1~7- ,JC/{--S-t 3 '7 i? fJL)-} ,f (PI ( - 3/ ~Co 109;' ~) L~ tI . . ORIGINAL l?ECEMD APR l!t 2008 U e PLANNING OEPARlIIIIENT ! 1 D {)tJ1 C J v' CITY OF CLEARWATER '-, II c( ( u ~ PETITION ( a nct v1 C( 'The following signers hereby communicate opposition to the Cabana Club ,~( I proposal to the City, under file # FLD2008-02002, 1590 Gulf Blvd. The f0/r . proposal would drastically affect vertical visibility, would critically cause significant and widespread negative financial impacts, is not compatible to the immediate area, seeks to force far too much on the site with too many variances and would be devastating to surrounding property own- ers. We urge the direction to develop to code standards only. Thank you. Name \./ /7/::)?v~ c:f. Address PhonelEmail Date '03Al'/' ./6~-/ S...L?f"l.z)~~ 6--.'7c7 c.S-L"?'/Ja? (f) iJ L '1 h:J iJvtlA r<) ~~ k J<~,h MO /CD~~~Kt., rj.~ ~b1-'-/~('11 ,jL~(O( J)Jh.~ lk.cA fIISI .r;v.d ke~ t'si 01-'0- 4<;;)..737;- 03/ Mftf .~ ~, ,/crl 5:.44:1 (~~ ./ //71 &W/J..J.(,1c.J 6'rr (? r: P" /'.~- ;... ~ U ~ ~~~~ ~ . . ,I (E( ~ NY t~ ~ffiiiW^i- ~ 'f '5I-~f,<: =1:" + ~ 81 (" II !it I '" S I S@'''''{)::''',l#f ~~ ~\~ -J:L " /~h.-J.J !Ip J I J J9~);10/, [s '/ '--'f:/Ili, ':1{).!.;/;11l- C I ~#J. ~) n h 7 if (:" 7 /-, ' C. 412-fJ llA-k~\ /~ \/ ~ '.vP , ~ fi-/'ilt({ . '{w -f-. PI .!..~(,7 ~'I- ....... /(,5"'/ S~Nj) NEt ';..$'T. a.-#;y S9e,-o"i../Y 1,,5/ S 4/Vf} .Kit tt )!:sr;1j Lj' . C7;::n= ~ yr t;r~(.' ')t.j 3 ~'S'/~ 3/.21 .3 iJ '11m' / I l ( -" ,) 3. d7.J'b 3~~Jol ~)29)of 7'1-7/tJf --- ..--.. . . ORIGINAl. QECEMD' APR 1 4 2008 PLANNING DEPARTMENT CITY OF CLEARWATER PETITION The following signers hereby communicate opposition to the Cabana Club proposal to the City, under file # FLD2008-02002, 1590 Gulf Blvd. The proposal would drastically affect vertical visibility, would critically cause significant and widespread negative financial impacts, is not compatible to the immediate area, seeks to force far too much on the site with too many variances and would be devastating to surrounding property own- ers. We urge the direction to develop to code standards only. Thank you. Name Address I/IIf, ~, ();, f- 1/9't? {#J /' Pil/ ,,-f PhonelEmail Date 3-~~~~ - ...~... . ). , I I il I' 3-Ol7- oid ~SD( -fF>> c/D) ,~ -~9.Dg ~3 :)Cft ~.. I( . . ORIGINAl. RECEIVED APR .1. 42003 PlANNING DEPARTMENT PETITION CITY OF CLEARWATER The following signers hereby communicate opposition to the Cabana Club proposal to the City, under file # FLD2008-02002, 1590 Gulf Blvd. The proposal would drastically affect vertical visibility, would critically cause significant and widespread negative financial impacts, is not compatible to the immediate area, seeks to force far too much on the site with too many variances and would be devastating to surrounding property own- ers. We urge the direction to develop to code standards only. Thank you. Name ~,~fi,1 qv~ ~Nrz-.. r d ~.J.J_j)~,ijtl ~. Address PhonelEmail i23O' Qtft.-r fjdiJ/7dz" (\ f}(o 1\ (~vl-4f' KO~ Date 3/2 "/~t:JS " .3 ~"}.6 / 2tt' qI 3/9.D/~oo~ Gr~qt.65 \\10 ~UL-~13LVD :;<0(')/ rflL#/4 jt'/td/' IIf'J 6'vL.~ glr/J /tJ / J~2--d ~?r ."", - ( ~-JJ:J, ~ I Pi ~ G~ G2v& 7V' 8cu..~,3kJu..t^'t.d I ~3 0 ~~ 43/lJd j!J-D it kt//'fI#4J,&- /_23dGvd~/) ~~"'- _t~Iti'-~ /2#11 ~~ LjDs- 3/ Z-c/j ~ 4/ClD /b~ ..g/~~~' ,/ , 3/y~ . . ORIGINAl RECEIVED t.OD . 1-\1 r\ 1 4. 2D03 PETITION The following signers hereby communicate opposition to the Cabana Club proposal to the City, under file # FLD2008-02002, 1590 Gulf Blvd. The proposal would drastically affect vertical visibility, would critically cause significant and widespread negative financial impacts, is not compatible to the immediate area, seeks to force far too much on the site with too many variances and would be devastating to surrounding property own- ers. We urge the direction to develop to code standards only. Thank you. PlANNING DEPARTMENT CITY OF CLEARWATER . Name Address PhonelEmail Date 't\ ~\\ t: u.. b,.,r.\ S c"", , S" (.\ \ (,-v 1 f j,L\J L~ ~ _0 .." 151\ Gv'.( 13\vc{ ,t. \' (!.- 't. L l C < '3 (.~ t>;-'~1 \0'1 31 2.,b I c ~ Sl2...r\ r><2 fV\ <., . C.. i\A. :3 ) L &:11 \l ~ ;.f'"\l LILff ~i.l::1 ~'t~g .3& / !.; 1(08 \ "3/) L, 5 \ -l.J 5- S (, L:1 Iy 3i!<v ~.. rlos 7:Z 7 - if':?" ;;(,5- f f) '~ k Jo..uA / fi t. e' ~r.41 L" &:0 i ~(>f;,t (~~Vo.R- IS9/1Lt-M-J .J - (-I, 5: fie ' J c; L".NlA-.c.L- 'i<->. C Q./MA.c1,- lS'11 ./;) IA J f PIt/d.. ~!;' 95 ~. <f s.t 0 . \)~2rfA~lu(t:.1y(1 /;5<(, fr1 ~ld! <5t3Cf 71/D i<~q J J2f~/~J. ,5(75'- b ({);1.. / s ~ I ~ c- \ t r3 ,'( t1 ~~-cr '//4 ff? . . ORIGiNAl RECEIVED APf< 1420GB PlANNING DEPARTMENT CITY OF CLEARWATER PETITION The following signers hereby communicate opposition to the Cabana Club proposal to the City, under file # FLD2008-02002, 1590 Gulf Blvd. The proposal would drastically affect vertical visibility, would critically cause significant and widespread negative fmancial impacts, is not compatible to the immediate area, seeks to force far too much on the site with too many variances and would be devastating to surrounding property own- ers. We urge the direction to develop to code standards only. Thank you. Name Address PhonelEmail Date lJ.. )/n7(1hpe. J.trqi GL> If B\JJ. , j ~~b;1J H'I1e.hel2.. " \ 'e1Jn ,g J:u/JfJ1tl 164 'l (~ ',- ". \; 51/, --;)..a ~tJ B -5 -D"i I ( I ( , { J I ( J J I 3 -5-0~ ~0ct f ~-5-tJ1 eJ;d 5<J~ - 8105 i510& ~ht/~bou. r tJ..,-)/s- 971/ :3 -s-4f S1S--81C/o '171.~,f2.14-)(?, 'j.s.o8' ~ ~Q 51 X'SL..AND \~IA"I i2{ Lft/"/3or "3~-oS''''06' ..t:":>'LA lJD E-SL~-r55 Q'e~"'" S\l.l ~~ L ","";:)\ c"..)l;; b.tt i-\~'). -. ,q .1 <41 . -;}'l'Yf ,,&_CS~ ~- J~o--~ . e ORIGiNAl RECEIVEO APR 1!1 200B PETITION The following signers hereby communicate opposition to the Cabana Club proposal to the City, under file # FLD2008-02002, 1590 Gulf Blvd. The proposal would drastically affect vertical visibility, would critically cause significant and widespread negative fmancial impacts, is not compatible to the immediate area, seeks to force far too much on the site with too many variances and would be devastating to surrounding property own- ers. We urge the direction to develop to code standards only. Thank you. PLANNING DEPARTMENT CITY OF CLEARWATER Name Address Phone/Email Date t.~~ #~ /.51/ Jdvif-P}~. (7t#.~)s'ls-,,~o 3-S-tJ8 ~ C~ Ir"/~&.l 1)>'7-59:;-5""'-"-[ 3-:'--09 ~~aS;~ )S-8/ ~CJt.F~"CJ') S.ASGt-i(("<"ST.AVt.et~~~~~ ~ I~ f-&V~ H,itGK-l#J E W"{' o L-Vo( ~ - (f)-gISt.! dM\~ /~ 0 wI lJwJ. fo?M @!mIj~ ~ ~ C; ( { ~ Yu.L<!6~ - ern-. OlAlW v r[ /1-00 (nlf/3fvkl JClfcuw\tt({A,l~v,~ :'fvtn~ VA"'> D'1k NOD 6 "Ul~! lib fM.uIl.d@~.-e.AlH"~ r;:=~~.a: I V /4ly N 30 bl1u i)oIZl+.rn. ~ 'l,.c , " 2P 3 e.. y~ !104 . c"",,- / fJ{, bull!. jfud.jJ, .1:l5{ tbf/l /n:cq, (iJ ad.~ 14/l~ J). ~ Jo~ \Joo~ I ~-f~ C;ulf 81v'~ 4 ,Z,~O a 1.2? ....n a o.s-~o ~ "r..~ 08" . e ORIGiNAl RECEIVED APR 1 4 2008 PLANNING DEPARIMENl PE TITI 0 N CITY OF CLEARWATER The following signers hereby communicate opposition to the Cabana Club proposal to the City, under file # FLD2008-02002, 1590 Gulf Blvd. The proposal would drastically affect vertical visibility, would critically cause significant and widespread negative fmancial impacts, is not compatible to the immediate area, seeks to force far too much on the site with too many variances and would be devastating to surrounding property own- ers. We urge the direction to develop to code standards only. Thank you. Address PhonelEmail Date w' )(. ft/lMI II~ ~eJUJ! J;ll/;/t *"5wJ J/~ f1<7l/v!) 51t-1)lh .; ~c#;J'i}-- (270 hU{f: $(Ud~S633( }'15/tP8 {a~I?t-IZfiJ 4 f7?i- {"1r~Z-$ 7jJ)0,p i/eJ:(, /' ~ e.U-. dntr z~ mead~) 8"111t&q;ee~ ~/1.at8.'O';:t?1 Jf1~ e e ORIGINAL l?ECEMD' .APf( 1 4 2008 PETITI The following signers hereby communi the Cabana Club proposal to the City, under file # FLD200 Gulf Blvd. The proposal would drastically affect vertical vi ould critically cause significant and widespread negative financial impacts, is not compatible to the immediate area, seeks to force file too much on the site. with too many variances and would be devastating to SWTounding property own- ers. We urge the direction to develop to code standards only. Thank you. PLANNiNG DEPARTMENT CITY OF CLEARWATEI? Name Address PhonelEmail 21l\ SOA-d,~~"S.-\d:;Dr, 'f L 2/Cf~~ ~ In,FL-- Lf/t/O?5 , I Date 'R~\<:'~\ Sl4l\M\, lll) '~1 SALt f'1 ( 1-\ l( <:'8 . ..... When completed send the Petition to Cynthia Remley, 1591 Gulf Blvd, Penthouse 2, Clearwater 33767-2997 Cynthia@ProRemLawocom . . ORIGiNAl RECFMP APf< 11 2003 PETITION PLANNING DEPARTMENT CITY OF CLEARWATER The following signers hereby communicate opposition to the Cabana Club proposal to the City, under tile # FLD2008-02002, 1590 Gulf Blvd. The proposal would drastically affect vertical visibility, would critically cause significant and widespread negative financial impacts, is not compatible to the immediate area, seeks to force f8r too much on the site with too many variances and would be devastating to SWTounding property own- ers. We urge the direction to develop to code standards only. Thank you. Name Address PhonelEmail Date C)r \ I ; 19~~ - j r I b2LOI1t~'I11 l~ .:'Sa.vJ~~(~~ks;';C~9 ~-L:::L)oi' When completed send tbe Petition to Cynthia Remley, 1591 Gulf Blvd, Penthouse 2, Clearwater 33767-2997 C thi ap R yn a~ ro emLaw.com ~,l.' /:,,.,t\fi.V..... "'--,... V~(;' . . ORIGiNAl RECEIVED APR 1 L1 2008 PLANNING DEPARTMENT CllY OF CLEARWATER PETITION The following signers hereby communicate opposition to the Cabana Club proposal to the City, under file # FLD2008-02002, 1590 Gulf Blvd. The proposal would drastically affect vertical visibility, would critically cause significant and widespread negative fmancial impacts, is not compatible to the immediate area, seeks to force far too much on the site with too many variances and would be devastating to sWTounding property own- ers. We urge the direction to develop to code standards only. Thank you. Address l~ I ~",d~r: J. PhonelEmail .fti1H~ Sku2..eJ.ul~ l~ -[ ~ ~O/r(f("j~07 1(,2. ( (J,...1.t!dL ",,{ Y:f $,.....L ilC0? "-. -- /.. 4 '-/ 6JM>f ~ .1I,..wVV~ pi /~ t~ J:ie.- I~ ~ I Lf- 30 ~ S~lQ~ )J"<JL/tt,2Ll:r~ $to~ CC1/~~ /&~lfjj~ ,l-oCf- l <L1c.4r..d/--t LL/ /~41/'-/':-." ~f)./ut.<. "uc:' / Name Date f ....J.rvf)~ ''7-z' or T'].. -z - >~-~ 7.)) 2 -').-~ ~ /J...l YLVI'/J..} ?(LJ)r ~~/()8' spl/4 3pl/; I / ~. '" -'1 / '?~ CJ t1 ';/7" Ie { "l 1. II c..-Cu "t.-t l:-- / /'-""11u.c- I L' j '" ~..;C: 2... ;\ 2J:~rJ 7:11 ,11 j~U~ /b '':7,///.;{ ;J1~/. ~"'7 3/.2~/OY' ,;"J?/ FJ -; 5/ /- } _;> ~ Y. . ~ '-, ') (- - . 0 . , " /- ~ _ . ;/.~ ....-: ":;~'Y ",' '-0 j <.. /...-- cu IIj ~ . (... '/ .J. o t.,.\ 't ....:: C ~ l1I.i t-) i! r c2 '2.. It; 1 f L':././ ( ;' 3/Jc' C i lt~ ti\.ltt4 3: ').t jt/( 5; if. /") 1t.-2-1 (F".'! 'Z/vd 305 3/~5Ilt t) . . ORIGiNAl REC!;MD 1 4 200a PLANNiNG DEPARTMENT PETITION CITY OF CLEARWATER The following signers hereby communicate opposition to the Cabana Club proposal to the City, under file # FLD2008-02002, 1590 Gulf Blvd. The proposal would drastically affect vertical visibility, would critically cause significant and widespread negative financial impacts, is not compatible to the immediate area, seeks to force far too much on the site with too many variances and would be devastating to surrounding property own- ers. We urge the direction to develop to code standards only. Thank you. Name Address Phone/Email ~ dI.Ll. d~.(. foAl.-- It;;;/ 6v/,f pjt;e/ l ,,,-<>r; W ~R~~ jt, ,11 /lu1i' litn-<. .zc>3 ~)c nY\. S~ '0 v'" i J )/'tl '~lt 3(((...' j~3 f3or.K-lvj~ t ( 6u~ :; -n-d< ? tb ~I 'Pt:..i ~/ 7 jZJ9 ~.$t . V&o/'#v /6 V ~.t ~d /-/~/ ~-0 J-' . . -: :J ~oi ale: 12.1....> , .' \ \.D.J\ ~ \ 5\fL~ - '7ft e p 7 "rl"Ei:::.- Iv ~ 7 ~ ~t.. ~r' I 3;frfiE: " ,;&'-.. ~e,"\ I\..... i,Vo- ...,....... '\a <'^-''-::> I 1,2 I dtiJ.(~1t-1 U().7 3 f,w/'-'v . L r, J U i. _:If1t./,,, /~< It.:) ( /Ju.tBlv#~<;;f~/l. 3/{{)/O~ , , -<: Ct.. 1 '-" {Ll_ { .;..c...C --=> jl ;J. ( h' L' L "" i I ....1:") g . II . () 8' Date ~/7/Otf , I s - ~- (J ~ ':?_ /_g:r&.J - ']- ff' ~d3' . . '';)RIGINAl I?ECEMD 1\1')[;'1 Ll 2n[1a M r'+., .A ~ .Uul~ PLANNiNG DEPARTMENT PETITION CITY OF CLEARWATER The following signers hereby communicate opposition to the Cabana Club proposal to the City, under file # FLD2008-02002, 1590 Gulf Blvd. The proposal would drastically affect vertical visibility, would critically cause significant and widespread negative financial impacts, is not compatible to the immediate are~ seeks to force far too much on the site with too many variances and would be devastating to surrounding property own- ers. We urge the direction to develop to code standards only. Thank you. Name Address PhonelEmail Date 1:,2) CulF /jLI!J 72 -$'13-7 1ff f3i [ l<MrY"1"" I b /.. J 'lit;: ALV (7 21)S1j--bS!S _ . -' o/r Rv~; ~~ I wl-\l1.. lto rCWil:. (~6!J'-l7.ut1Jd I~L t,b rII .3 W 0 r _ '. /' _/ A{9r-e~~ ~.L h '4 ~ ,JtJ - S 76" .zj -:S:--? (\7~' n ~ . .:\~. \ <1- \~~1... I~~{ ~l\' f>Ld ~}~ SOl l) ~ h I "'I.u....... -\<O'~-1- K~ Ib;}/ &~ S.IJ~ -tf dOl, ~cHl,j c (t\ -3/tll Ie! .\ all /' ... '~'..N-r 3 -7- & '-'- .' ...\.{ .~:: q. lJ11>U"lIV ' '" :;';/ ::.bv,..l !;t' 71 I (//r~111:' f/21u(~'/ I hif ~.a.,;.. "30; 5'( 3 /<-/~'f . ./ 1 -, "") \ r {.. ( .... "\ f\ J A Jo I s ~.~~ _\ \;\i~' ~~~ \ \0 'A\ \.'M ~~ ~ ~ 0.,9--- 7 I . ".ll ~ .4 {JJ \,.... .~} t~/~ ~ ~ / ~ ~ I /~ jSt1,J # '1' ;).. . 3/ It;j! r C~ _ Ji 441. j I., ~I )AA.tf lid It: ?o- 3/{; Jt! Y "&dfU;' fill -7~ Mtn:t P J03 >!(ou e e ORIGINAl:. QECEM=D APR 1 4 2008 PLANNING DEPARTMENT PETITION CITY OF CLEARWATER The following signers hereby communicate opposition to the Cabana Club proposal to the City, under ftle # FLD2008-02002, 1590 Gulf Blvd. The Proposal would drastically affect vertical visibility, would critically cause significant and widespread negative financial impacts, is not compatible to the immediate area, seeks to force far too much on the site with too many variances and would be devastating to surrounding property own- ers. We urge the direction to develop to code standards only. Thank you. Name Address PhonelEmail Date cf ILV~ &.."1 tfull J.1IH/ .fr/ot ;VI i~ /)1(, '6vc-~ /b;21 6v~F jjJ.I/~ 6 ,(jj,-Ij:Jt! (J 41' ~! ~~ ,-\) G.~"''' I~J C,\lf ~IJ S"t1-':1'(C,3 3-(-;16 ~~--"'/z."16,U /'~I ~ty;.,L J7'.-?7U1 .:7/0'(7 (. v . (, . ltw,j/41:J~tL.'Q,~ I b,r; / 0vLP lfJ/..J d Sf:; 3 ,.9.a ~~ "- /--.a d ;(~ ~/?..7<~3_I'-oF ~~ (i}~ 1{.~/#/}~.J-7-ZJ? ~~ U~~_ I(.~I ~ ~_ ~-7-o3 i34' ~ a.4./'1 ..l -" e e ORIGINAL !?ECI='VFD APR 1 4 20D8 PLANNING DEPARlMEN1 PETITION CITY OF CLEARWATER The following signers hereby communicate opposition to the Cabana Club proposal to the City, under file # FLD2008-02002, 1590 Gulf Blvd. The proposal would drastically affect vertical visibility, would critically cause significant and widespread negative financial impacts, is not compatible to the immediate area, seeks to force far too much on the site with too many variances and would be devastating to sWTounding property own- ers. We urge the direction to develop to code standards only. Thank you. Name t~f'Jb~1l1 fo6l~lft Address &:;/ j,?~n~t;;m~j~<J~'< '- Date Il::L, (.. '\ I ~ Iflu{) ~ 'IA.,/-f.1 tJ.1J I. "". (i.."J1 3 I s / C'~;( {)Ov..A,).. ~,..-- ~ :;."'t.1 6lJ/~ 1_ \. 0 q () J J 21 -~'j 3 -7! 0-:] Jl-L <:J . . \ /. \. U V /l-u. ct-"f;( -t I/' li r:...J,,/ P4!. ry 62.. 1?. 7 5'1'.3 I (.. 3 ~ Rt9 Z2IUc,('/~ /6l-i GaI/flllv) '596-F$4'J !':t7'J ~.A' c:l~;,~~//"~L?~ flNv ;,q'-,{;l-'J30; ~6'u+IV?.wLt 1(,2/ ~ It~lv41t-!b'i- ~~'7-!".I~-"'1gz. "-T.: ~ ~ ~Q a.. (, l-Q.--D t1.l1c;u... (~1..: GJ. f is] /d ''1 O( 7J... 7 J..( 1.< -laD '-..' ~ CI po. ~J>e r_f' I~ 2j ~LJ/""'~/v'JIL? ;;~. 7tl7 5f/~d~~ ,~".? L.1f( LON C-"frL[) )6 ,;/ ?tI /.) 1J,/ff.f-=*/id3 "bl'~:-:-/j fir p~ p E 1712- .J; KIlI'p I 62/ 0/ vLP B L. ". J> it 601 .2' .2'1 -.>5'6 . .9'9"~ #- p:i - 7-'l7~ ./tj, -$ 3/'1 e . ORIGINAl. RI:C~MD I~PR 1 4 20G3 PLANNING DEPARTMENT CITY OF CLEARWATER PETITION The following signers hereby communicate opposition to the Cabana Club proposal to the City, under file # FLD2008-02002, 1590 Gulf Blvd. The proposal would drastically affect vertical visibility, would critically cause significant and widespread negative financial impacts, is not compatible to the immediate ar~ seeks to force far too much on the site with too many variances and would be devastating to surrounding property own- ers. We urge the direction to develop to code standards only. Thank you. Name Address Phone/Email Date 7J:?ra'/l'~ J 1.7CJ CvII/3/IId" tIt.,f /2.93 595-'lf( 3/z0 I/#J ~~., - /;).7/1 # Ill.,} #/tf?y .;>F ft1t; 3 JIu:> j > -4~il'"~:.t ~/ ~ 1.1.~() (lvi!" ~(y,l. -If 'f () / S'CJ~ -..2 f4Lf ~ () ~ ~-,t IOJ6p~J( 11'6 /,,/ctvy L~ Jy 727 (sf.., -gzo2 ,3-20 ~ ~/l;41td ~{J~ 1. 'JDlh. tlJ. (!.tuJ. (/7;).7) q{go- 3 Sfj 3Pu d n~) {J~frrI\.. ~ '(0'18 s. ML.K Ave C.\IJIR.. 58, - deCl( ~~ l~~ 1(,00 GULP &-uD -'I UO~\J e ~JDr\. ~ l Q\ t\il \) C L.t9t If ~ t4- T~/f , ( (&co <3-u Lr:- &-u 0 II . '- I WO C LL~ J1. L..Jrr / ~::r ,... /7D ~Lf ~~lL- . . ORIGiNAl QECEMP' APR 1 it 2008 l>LANNiNG DEPARTMENT PETITION CITY OF CLEARWATER The following signers hereby communicate opposition to the Cabana Club proposal to the City, under file # FLD2008-02002, 1590 Gulf Blvd. The proposal would drastically affect vertical visibility, would critically cause significant and widespread negative financial impacts, is not compatible to the immediate area, seeks to force far too much on the site with too many variances and would be devastating to surrounding property own- ers. We urge the direction to develop to code standards only. Thank you. Name Address Date 5 ) 2 () I Dr? II I ?L~ {;;XtJf t:e~\ -=k-- Ii 02- /J /1 ~ r2~ foS' 1/ CAI<l..D$ w ).1AI:.TA P€/VAi3AD /5'-0 GvLF o/.,V.D. i;;JO.{ .3/':loJo<t fiivL) tff E'Ij /J '1/ //I:L (') I t' I I /r / L . e ORIGINAl. ~!=CE!VE" 1 4 2008 PLANNiNG DEPARTMENT PETITION CITY OF CLEARWATER The following signers hereby communicate opposition to the Cabana Club proposal to the City, under file # FLD2008-02002, 1590 Gulf Blvd. The proposal would drastically affect vertical visibility, would critically cause significant and widespread negative financial impacts, is not compatible to the immediate area, seeks to force fi1r too much on the site with too many variances and would be devastating to surrounding property own- ers. We urge the direction to develop to code standards only. Thank you. Name Address PhonelEmail Date ~ _ [(7G6I.JLFfL()iC) o. G ,j ACe<::: .s c) ,J -S' 5-.3 - ~ i:. ;:7 7 .5 -2~ --6,f-- L/ / ~ / r.Y I 1;201 . r/e / (;Jill .-}/ /e# Y \fits'/' 'p / Q.")I#f rvf/7i~_t ? [J" - ;?S9-.J 'Is lJ '- 3;} tJ - l) <f' K \(4-\\'\~b f\N~ (dSOC:UC( 6Lli~ 7;:), (7) 7~l(y ~- db - O~ t' l{""" r.Lt-~- I Z yt ~ Cj /ri-c. 7;,) r t? r (/ Z ~ ~---=:> -!lI ' , 7 ~\'-.a.t (/'t ~w I .;t .30 G1' 731 vtJ ::r.21 r?~ - (]9y :.? I ' - ~ 1" ~'WJ 1-3 J 0 C}~ ~-#!I r1- 52& -M::9 / ~t4",/!IL/~4f0 /2(u ~)Jf;) :JI/10l )'l>~?/7 Oil !Jam' )/1 ( I (. i <r -l/a1; Z 1'~) y/{{t( \~ -C- --- 30 illa (;JI t1d-~#fI,tJ f , ;t, (l7f) ~(C(CJ15 tZ~r<Tdh~~ I/IJo(;)(f tl/tl) ~~ ~~ \l10~ CS))Vj) . . ORIGINAl l?FCFIVED L 4 2DG8 PLANNlN(; OEPARTMENT PETITION CITY OF CLEARWATER The following signers hereby communicate opposition to the Cabana Club proposal to the City, under file # FLD2008-02002, 1590 Gulf Blvd. The proposal would drastically affect vertical visibility, would critically cause significant and widespread negative financial impacts, is not compatible to the immediate area, seeks to force far too much on the site with too many variances and would be devastating to surrounding property own- ers. We urge the direction to develop to code standards only. Thank you. Name Address +4-~ PhonelEmail ~~~ \b{"l ~ ~Et7o- 1J-7-{f:j?J-1!>7~ ~yrd9f15tl J?I-I/r1 r L I Attu..- 5ku Qu/1 J-\"3 0 ,~ au 01 5CfS 67:. 3D -?} :zD /0" ~"!-4~ 1&/ .-L,.,7~~u .r.;r:r-f"" ~~ ~ ~b :S}~.;7b) U 'ZOI - 7 J. t/,b )1 ~ a..j. '*~" fJ 7" &..ffl1 f-J- "S..I iffy (., 'f'I7 ](Yi~;/( L-~T 2.. l3<f-o (" <> \ F- '61 'l) 1\ f\- b:} c-,-n J't N. r;;,..~ 7crltCt~os. "70 C,OI..r: DLVn-#~ODI 15'70'$00 /'" ~ 3(l~ :..Jf)/,,,,,-~,,, lr:f )S~O G"tl gIll t Je&4ru/~/ h- fZ.kdb /1;61/ 6'u/f Jr)d~~ 1)"-\/r'~ )\e.(~ 2~UJ CuaA~f ~ lr 1'27 11(, lall 3/z!p 4~ f~ 1J-76 4/J.4..1 7z..7~57t5~ 3-~() Date 3 ~ f() ~ ';/1,r . . ORIGINAl. l'.f:CFMD "Pf{ 1 4 2008 PLANNiNG OEPARlMENl PETITION CIlV OF CLEARWATER The following signers hereby communicate opposition to the Cabana Club proposal to the City, under file # FLD2008-02002, 1590 Gulf Blvd. The proposal would drastically affect vertical visibility, would critically cause significant and widespread negative fmancial impacts, is not compatible to the immediate area, seeks to force far too much on the site with too many variances and would be devastating to surrounding property own- ers. We urge the direction to develop to code standards only. Thank you. t1~~--./ Address PhonelEmail Date 4 Ll;(N-4~1( 1>CtOIZIJJ~ tJv. '-jyq-/?;1Cl .sJ I'l?JOC ~//~"y;e, /za-:>~q~~/#~ S/7-Pl7>'? ~" } (, ' (( Ui,/L { d ~.{.V'/ I Lc. 'C 'I (I '(..... ;> l t......-' ;.A.... (/(<C 'S! I' ..... .)'f (~. --- ;;(, ~ . /~?;. ~. J- ~_e :) - 7 ?;'?1 t) .;g ~>:/ -/'/J: /' --........ . . ORIGINAl. RECEIVED 1 4 2008 PLANNiNG DEPAR1MENI PETITION CITY OF CLEARWATER The following signers hereby communicate opposition to the Cabana Club proposal to the City, under file # FLD2008-02002, 1590 Gulf Blvd. The proposal would drastically affect vertical visibility, would critically cause significant and widespread negative financial impacts, is not compatible to the immediate area, seeks to force far too much on the site with too many variances and would be devastating to surrounding property own- ers. We urge the direction to develop to code standards only. Thank you. Name Address PhonelEmail Date ~.~full.l/<<~ Ifflrraf/l,/5/v/' f~4'NJ y;/<18 Ya.<I hJl>1~ I2bO~ultSt.IIb' 3/2L>/Jf ~1'~ \:>'tJo ~ ~ *,"-"/..8" M [)~ It-Po G-~L{il~c1 JleO/oY JS~ ~~ 11..'tQ 1-1 0 I B..wJ. ~a,OI /3 J <..D(6.8 ~~ IJ,(} ~ II 'I 'I i.t:()IJ IJ)~{ / Irtlf S fJVrJr (:l5t-) tiolJ 15.( 1/]). +6(J 4 , ~~a~ b~ 1b~I' /27b ?eulP- 'lvti JJ /-UJt (!JJY331~7 ~ W L~,Jt:,-OI &.'-f/-.f~I'W ~hl 1\.1>1' 30-'1 {)ru.c.A. JA-7-(./~ /'-":>.1 G..{J:...~\v~ 190s NAofl1{ sCJfV L ~"'L.- ~~ Q:,~ C~ }j,~~ /l{;~() c.u Lf {JLV.i) -;{ ~~ \'-tbO G--UlV *.51~ ... ,...~\o . . Wells, Wayne From: Sent: To: Subject: Yang Sun [Lsun@yahoo.com] Sunday, April 13, 2008 5:17 PM Wells, Wayne Reference: Construction of Legg Mason Hotels April 12, 2008 Reference: Construction of Legg Mason Hotels Dear Wayne Wells I have heard that Legg Mason will build a hotel at 1590 Gulf Blvd. This is really a very bad idea because Sand Key is a residential neighborhood rather than a tourist community. I strongly oppose this proposal because it will severely impact this remarkably beautiful Sand Key and make irreversible changes to our neighborhood. Sand Key has very beautiful and attractive scenery. It has been a very good landmark for Clearwater. The proposal of building a hotel here is just not making any sense. It will permanently destroy the beautiful site and make Sand Key less attractive. If more hotels are needed Clearwater beach is the right place to build more hotels rather than Sand Key. This project from Legg Mason is too large for this limited residential space. The building is too big and the proposal is way out of character. It will increase traffic and density and will compromise our safety. I hope you will help us to stop this nonsense project and exclude Sand Key from city wide increase in hotel rooms. Sincerely yours, Yong Sun, Ph.D Do You Yahoo!? Tired of spam? Yahoo! Mail has the best spam protection around http://mail.yahoo.com 1 . . Page 1 of2 Wells, Wayne From: George A. Mitrovich [g.mitrovich@verizon.net] Sent: Wednesday, April 09, 20086:12 PM To: Wells, Wayne Subject: Cabana Club Owners Vote To Support Legg Mason Hotel Project Cabana Club Condominium Results Of Vote On Legg Mason Building The Hotel: Cabana Club Owners have received an information package that I sent out, a Ballot and a second information package with an opposing view. The results of the vote are decisive. A: I ACCEPT the Belleview Biltmore development plan as currently presented. 74.2% B: I DO NOT ACCEPT the Belleview Biltmore development plan as currently presented and I authorize the Board to fight the development plan using association funds and board time. 25.8 % The owners have mandated that the board will not use association funds and or board time to fight the development plan. Details of the vote follow: B: Count 4 Percent 100.0% 1. Total Vote As A Percent Of Respondents By Building BUILDING #1 BUILDING #2 A: B: TOTAL A: TOTAL 32 18 12 44 14 72.7% 27.3% 100.0% 77.8% 22.2% 2. Total Vote As A Percent Of Respondents For Both Building BOTH BUILDING A: B: TOTAL 46 16 62 74.2% 25.8% 100.0% Count Percent 3. Total Vote As A Percent Of Owners BOTH BUILDING A: B: 46 16 51.1% 17.5% TOTAL 90 68.9% Count Percent 4. Number Of Owners That Did Not Vote 4/10/2008 . . Page 2 of2 Count Percent 28 31.1% NOTE: A: I ACCEPT the Belleview Biltmore development plan as currently presented. B: I DO NOT ACCEPT the Belleview Biltmore development plan as currently presented and I authorize the Board to fight the development plan using association funds and board time. For your information. George A. Mitrovich Past President Cabana Club Condominium Association 4/10/2008 . e Wells, Wayne From: Sent: To: Cc: Subject: Delk, Michael Wednesday, April 09, 200811 :31 AM Clayton, Gina Everitt, Steven; Wells, Wayne; Tefft, Robert; Thompson, Neil; Porter, Catherine FW: Cabana Club Owners Vote to support Legg Mason Project. FYI. Michael L. Delk, AICP Planning Director City of Clearwater, Florida myclearwater.com -----Original Message----- From: Silverboard, Jill Sent: Wednesday, April 09, 2008 11:25 AM To: Horne, William; Delk, Michael Subject: FW: Cabana Club Owners Vote to support Legg Mason Project. FYI - Information Neighborhood Services received on the subject. Jill -----Original Message----- From: Kronschnabl, Jeff Sent: Wednesday, April 09, 2008 10:45 AM To: Silverboard, Jill Cc: Melendez, Becky; Brown, Shelby; Bates, Dan Subject: FW: Cabana Club Owners Vote to support Legg Mason Project. FYI -----Original Message----- From: Melendez, Becky Sent: Wednesday, April 09, 2008 10:25 AM To: Kronschnabl, Jeff Subject: FW: Cabana Club Owners Vote to support Legg Mason Project. I am on an email list for Sand Key. .. does anyone need this information?? -----Original Message----- From: George A. Mitrovich [mailto:g.mitrovich@verizon.net] Sent: Wednesday, April 09, 2008 10:01 AM To: mtdooleyfl@aol.com; linda-lo555@msn.com; jacalio@aol.com; herbm@asystems.com; donaldvanw@aol.com; rsimoni2@tampabay.rr.com; eburzumato@nationsrec.com; caseandsahli@msn.comj gkoenig1@tampabay.rr.com Cc: johnsomers@comcast.netj Robshea@tampabay.rr.com; rzyla@tampabay.rr.comj fbartolini@tampabay.rr.com; arlenemuss@aol.comj DHOP166@msn.comj rtarsin@aol.com; pressinc@aol.cOffij betseylurie@aol.comj crescentbeach1@aol.comj abcleary@aol.comj rthac44@aol.comj mchayka@tampabay.rr.comj wcorder1@tampabay.rr.comj szens@tampabay.rr.comj rjrx007@aol.comj cabanaclub@verizon.netj marshal11270@yahoo.com; lrsumer@tampabay.rr.comj RMW767@aol.comj aldipalo@tampabay.rr.comj southbeach3@verizon.netj larry@dogtech.com; jofarnham@yahoo.comj Melendez, BeckYj anneberle@myspring.comj judith_c_simmons@yahoo.comj Cretekos, Georgej papamurphy@aol.comj lighthousetowers@verizon.netj dickcrowl@aol.comj nfritsch@tampabay.rr.comj Andrews, Waynej eagleflying@earthlink.netj 1 Doran, Johni Subject: Re: ejgilleSjr@aol.4Iti dlm773@verizon.net ~ Cabana Club Owners Vote to support Legg Mason Project. Cabana Club Condominium Results Of Vote On Legg Mason Building The Hotel: Cabana Club Owners have received an information package that I sent out, a Ballot and a second information package with an opposing view. The results of the vote are decisive. A: I ACCEPT the Belleview Biltmore development plan as currently presented. 74.2% B: I DO NOT ACCEPT the Belleview Biltmore development plan as currently presented and I authorize the Board to fight the development plan using association funds and board time. 25.8 % The owners have mandated that the board will not use association funds and or board time to fight the development plan. Details of the vote follow: 1. Total Vote As A Percent Of Respondents By Building BUILDING #1 A: B: TOTAL BUILDING #2 A: B: Count 4 Percent 100.0% TOTAL 32 18 72.7% 12 44 14 27.3% 100.0% 77.8% 22.2% 2. Total Vote As A Percent Of Respondents For Both Building BOTH BUILDING A: B: TOTAL Count Percent 46 74.2% 16 25.8% 62 100.0% 3. Total Vote As A Percent Of Owners BOTH BUILDING A: B: TOTAL Count 46 16 90 Percent 51.1% 17.5% 68.9% 4. Number Of Owners That Did Not Vote Count 28 Percent 31.1% NOTE: A: I ACCEPT the Belleview Biltmore development plan as currently presented. B: I DO NOT ACCEPT the Belleview Biltmore development plan as currently presented and I authorize the Board to fight the development plan using association funds and board time. For your information. George A. Mitrovich Past President Cabana Club Condominium Association 2 . . . Page 1 of2 Wells, Wayne From: JBIRD400@aol.com Sent: Thursday, April 03, 200810:44 AM To: Watkins, Sherry Cc: Wells, Wayne; Hibbard, Frank; Doran, John; carlen.cretekos@myclearwater.com; Gibson, Paul Subject: FLD2008-02002 (1590 GULF BLVD) SHERRY, PLEASE INSURE THA T THE FOLLOWING IS DISTRIBUTED TO APPLICABLE COB MEMBERS, DIRECTOR OF PLANNING, CITY MANAGER, ASST. CITY MANAGER. THANK YOU. JA Y & GAIL JORGENSEN 190 SAND KEY ESTATES DRIVE CLEARWATER, FLORIDA 33767 RE: CASE #: FLD2008-02002 (1590 GULF BLVD) TO: PLANNINGDEPT, WAYNE WELLS CLEARWATER COMMUNITY DEVELOPMENT BORAD CITY MANAGER ASST. CITY MANAGER DIRECTOR OF PLANNING MAYOR FRANK HIBBARD CITY COUNCIL MEMBERS (DORAN,PETERSON,CRETEKOS,GIBSON) SHERRY WATKINS LADIES & GENTELMEN; WE ARE WRITING TO EXPRESS OUR DEEP CONCERNS REGARDING THE LEGG MASON PROPOSED HOTEL CONSTRUCTION AT THE CURRENT LOCATION OF THE CABANA CLUB, 1590 GULF BLVD. While we welcome a proposed hotel as a replacement for the deteriorating facilities currently occupying the site, we are opposed to the granting of variances that would allow them to build a larger version of the hotel. Granted, a five star hotel would be a welcome change and upgrade for Sand Key, but not at the cost of squeezing a towering structure onto the limited acreage available. The amended Leggs Mason proposal would also have adverse financial affects on the residents and owners of the adjacent condominiums as well as those that are situated on the Intracoastal side of Gulf Blvd. Please consider the above when making your decision on the matter. Thank you, 4/312008 . . Page 2 of2 Jay Jorgensen Gail Jorgensen 190 Sand Key Estates Drive Clearwater, Fl33767 727-593-1672 Planning your summer road trip? Check out AQJ..Ir?Y?LGlJjQe~. 4/312008 . . Page 1 of 1 Wells, Wayne From: harvey goodman [hdgnyse@hotmail.com] Sent: Wednesday, April 02, 2008 10:08 AM To: Wells, Wayne Subject: support of cabana Dear Mr Wells My wife and I are members of the Belleview Biltmore Golf Club and as such, fully support the new plans for the Cabana Project. We are in fact ardent supporters of this plan Sincerely Harvey Goodman Harvey Goodman Go Gators! Any Time, Any Place, Any Sport 4/2/2008 . . Page 1 of 1 Wells, Wayne From: Tina Coonce [cmc@tcUv] Sent: Tuesday, March 25, 200812:14 PM To: Wells, Wayne Subject: Proposed Hotel Re Case #:FLD2008-02002 (1590 Gulf Blvd.) I am writing to inform you of my opposition to Legg Mason's proposed hotel at the Cabana Club Restaurant Site. Thank you for your consideration. Tina Coonce Cabana Club Condominium Owner 3/2512008 . . Page 1 of 1 Wells, Wayne From: Bob & Patti Rogowicz [bobandpatrogowicz@tampabay.rr.com] Sent: Tuesday, March 25, 2008 10:24 AM To: Wells, Wayne Subject: #FLD2008-02002, 1590 GULF BLVD. DEAR MR. WELLS, WE ARE IN OPPOSITION TO THE CABANA CLUB PROPOSAL TO THE CITY, UNDER FILE #FLD2008- 02002,1590 GULF BLVD. THE PROPOSAL WOULD DRASTICALLY AFFECT VERTICAL VISABILlTY,WOULD CRITICALLY CAUSE SIGNIFICANT AND WIDESPREAD NEGATIVE FINANCIAL IMPACTS, IS NOT COMPATIBLE TO THE IMMEDIATE AREA, SEEKS TO FORCE FAR TO MUCH ON THE SITE WITH TOO MANY VARIANCES AND WOULD BE DEVASTATING TO SURROUNDING PROPERTY OWNERS. WE URGE THE DIRECTION TO DEVELOP TO CODE STANDARDS ONLY. THANK YOU, BOB AND PATTI ROGOWICZ, RESIDENTS AND OWNERS, 1621 GULF BLVD #808, 1621 GULF BLVD #PH-B 3/25/2008 . . Page 1 of 1 Wells, Wayne From: bbmitch726@aol.com Sent: Sunday, March 23, 2008 10:36 AM To: Wells, Wayne Subject: case #:FLD2008-02002 (159- Gulf Blvd.) Dear Mr Wells, We reside in condo number 2701 , cabana club condo building number 2. Our condo is the closest to the proposed hotel building. We would like very much to see this project completed. We feel that this Hotel will improve our quality of life and make our property more valuable. Billy and Betty Mitchell Create a Home Theater Like the Pros. Watch the video on AOL Home. 3/2312008 FLD2008-02002 - 1590 GUlf., . Page 1 of 1 Wells, Wayne Sent: To: From: Gibson, Paul Sunday, March 23, 2008 9:48 AM Craig_Junkins@mail.ffp1.com; Wells, Wayne; Watkins, Sherry; Doran, John; Petersen, Carlen; Cretekos, George Cc: Hibbard, Frank Subject: RE: FLD2008-02002 - 1590 Gulf Blvd. Dear Mr. and Mrs. Junkins, The Legg-Mason application for a hotel at the site of the Cabana Club Restaurant is not presently are-zoning matter. Legg-Mason may apply for more hotel room density if the proposed increase in density units is adopted, at which time the application would become a matter for the City Council. The Community Development Board ("COB") will be the body reviewing the redevelopment application, if one is filed. I suggest you direct comments and concerns to the COB and you should feel free to copy the City Council. You can also contact the Planning Department for updates on the application status. Wayne Wells is the City Planner to whom you should contact for Planning Department status. Best regards, Paul Gibson Council member City of Clearwater From: Craig_Junkins@mail.ffpl,com [mailto:Craig_Junkins@mail.ffpl.com] Sent: Fri 3/14/2008 12:03 PM To: Wells, Wayne; Watkins, Sherry; Doran, John; Petersen, Carlen; Cretekos, George; Gibson, Paul Cc: Hibbard, Frank Subject: FLD2008-02002 - 1590 Gulf Blvd. In advance of your hearings on this matter, we wanted to let you know we are opposed to Legg Mason's plan to build a hotel at the Cabana Club location. We believe the increase in density would adveresly impact what is clearly a residential neighborhood and negatively impact our property value. We implore you to vote against this proposal. Thank you, Craig and Cathy Junkins 1635 Sand Key Estates Ct. 727-596-8260 3/23/2008 . . Page 1 of 1 Wells, Wayne From: MPaysan@aol.com Sent: Thursday, March 20, 2008 7:08 AM To: waynewells@myclearwater.com Subject: Deny Cabana Club RezoningNariance - Case # FLD2008-02002 (1590 Gulf Blvd) Dear Wayne, Subject: Deny Cabana Club RezoningNariance - Case # FLD2008-02002 (1590 Gulf Blvd) I strongly urge you and the Community Development Board to DENY any request for variance (s) or change in current zoning submitted by Legg Mason to replace the Cabana Club on Sand Key which would allow Legg Mason to build a 5-star hotel and 2 restaurants to replace the Cabana Club on Gulf Boulevard. Sand Key is a residential neighborhood and we want to keep it that way! Approval of another hotel would change our neighborhood forever. If height variances are approved it will block the views of current neighbors who paid premiums for Gulf views. The boat shuttle arrangement proffered by Legg Mason from the main hotel across the canal to Gulf Boulevard would have the guests traverse residential property, increasing the potential liability to those residents. It would tremendously increase the pedestrian traffic crossing Gulf Boulevard, thus unnecessarily elevating the risk to both drivers and the people crossing the street. As a citizen of Sand key and neighbor to the Cabana Club, I have an obligation to voice my objection to you so that our community will be protected from this pointless and unnecessary construction. We do not need more hotel rooms on Sand Key! We do not need more noise, traffic congestion, water consumption, storm water runoff in this area, congestion or polluting the natural environment. We want Sand Key to be kept residential! Again, I strongly urge you and the Community Development Board to DENY any request for variance(s) or change in current zoning submitted by Legg Mason to replace the Cabana Club on Sand Key which would allow Legg Mason to build a 5-star hotel and 2 restaurants to replace the Cabana Club on Gulf Boulevard. Thank you for your time, Michael A. Paysan, Jr. Dan's Island 1660 Gulf Blvd. Unit 903 Clearwater, FL. 33767 Create a Home Theater Like the Pros. WgJch the_video .on AO!". HOIll~. 3/23/2008 . e Wells, Wayne From: Sent: To: Subject: Luciano Veronesi [veronellsandkey@tampabay.rr.com] Thursday, March 20, 2008 10:05 AM Wells, Wayne CASE# FLD2008-02002[1590 GULF BLVD Importance: High SIR, I WOULD NOT LIKE TO SEE ANOTHER HOTEL PRESENT ON SAND KEY. I THINK WE HAVE ENOUGH HIGH PRICE HOTELS AND MEDIUM PRICE HOTELS FOR WHEN FAMILY COME TO VISIT. CLEARWATER BEACH AREA IS THE PLACE FOR MORE HOTELS. I WOULD LIKE TO KEEP THIS AREA MORE RESIDENTIAL SINCE THIS IS MY PERMANENT RESIDENT. LORRAINE ARGO VERONESI 1 . . Page 1 of 1 Wells, Wayne From: Peter Cunzolo [pcunzolo@gmail.com] Sent: Wednesday, March 19, 2008 5:41 PM To: Hibbard, Frank Cc: Wells, Wayne; Watkins, Sherry; Doran, John; Petersen, Carlen; Cretekos, George; Gibson, Paul; Manni, Diane Subject: Case # : FLD2008-02002 (1590 Gulf Blvd.) Dear Mayor and members of the City Council: Please accept this letter as a compilation of thoughts as to why rezoning efforts to a T classification on Sand Key is not in the best interest of the residents or the residential community. Sand Key is and has always been predominantly a residential community and in my opinion probably one of the crown jewels of Pin ell as County. When one considers the commercial aspects of beach going and tourism Clearwater Beach is what comes to mind. Building more hotels would dramatically change the area and in some ways probably not for the better. The Shoppes on Sand Key added to the list of benefits and excellent reasons for my family to personally purchase residential property on Sand Key as opposed to other beach communities. The amenities offered and the convenience of the same were a tremendous benefit and without them we more than likely would have purchased elsewhere. The ability to enjoy the area and take a family walk for ice cream or a morning coffee is an experience I would miss and hate to lose. Development, change and progress are not something I oppose entirely but it must be done in areas that are zoned for that purpose. To change a residential area is something that will either force people to move or cause people to no longer wish to reside on Sand Key and that only would further the decline in property values. Adding high density commercial buildings would more than likely further strain the current infrastructure that is already in place. Increased water usage, increased electrical usage, increased vehicle emissions do not seem to be a step in the right direction for the community or the environment. The type of vehicle traffic that the residents would be subjected to is very detrimental to the community and those residents that are enjoying the neighborhood. It is clear we as residents understand tourism and the benefits as well as the detriments associated with the same. That said it is also clear why almost all of us on Sand Key chose to live here as opposed to Clearwater Beach. We are a residential area and not a tourist attraction. That is and always has been Clearwater Beach and this is how it should remain. If there is an area in need of more hotel rooms I would hope that the board could consider pointing developers in the direction of Clearwater that could very much use the extra capacity. I respectfully request that you reconsider the increase hotel rooms on Sand Key and not change the demographics of our neighborhood and community. I will also take this time to thank you in advance for allowing me the opportunity to share my views on this subject. Sincerely, Peter R. Cunzolo 3/19/2008 . . Page 1 of 1 Wells, Wayne Sent: To: Peter Schuster [email@pschuster.com] Wednesday, March 19,20084:22 PM Wells, Wayne; Watkins, Sherry; Hibbard, Frank; Doran, John; Petersen, Carlen; Cretekos, George; Gibson, Paul Subject: CASE #: FLD2008-02002 (1590 Gulf Blvd) From: To Whom It May Concern: As the owner of properties located at 1616 Sand Key Estates Court and 1451 Gulf Blvd (Unit 104), I oppose all points regarding Legg Mason's proposed hotel at the Cabana Club Restaurant site, and particularly the usage of ferry transportation through our residential areas. The use is inconsistent with the current long term residential environment. Property values, which have already substantially decreased, will do so even more as a result of this project. Peter Schuster 3/1912008 e e Page 1 of 1 Wells, Wayne From: AUDBIRD13@aol.com Sent: Wednesday, March 19,20085:32 PM To: Wells, Wayne; Watkins, Sherry; Hibbard, Frank; Doran, John; Petersen, Carlen; Cretekos, George; Gibson, Paul Subject: RE:CASE#FLD2008-02002 (1590 GULF BLVD. TO THOSE DETERMINING OUR FUTURE ON SAND KEY, WE PURCHASED HERE 21 YEARS AGO AS THE AREA WAS ONE OF THE LESS POPULATED ONES NEAR THE WATER. THE CURRENT "DENSITY PLAN" IS UNACCEPTABLE FOR THE MAJORITY OF OWNERS. WE LIVE HERE ALL YEAR. THIS IS OUR HOME AND COMMUNITY. TO INCREASE THE NUMBER OF HOTELS AND THEIR CAPACITY I.E. THE CABANA CLUB AND PLAN FOR THE SHOPPES, WOULD CHANGE THE AMBIENCE OF SAND KEY TO THE HORROR OF CLEARWATER BEACH. WE ON SAND KEY ARE MOSTLY CONDO OWNERS WITH A THREE TO SIX MONTHS RENTAL REQUIREMENT IN THE BUILDING AND ONLY TO BE RENTED TWICE A YEAR. THE TRANSIENT CROWD BROUGHT WITH THE PURPOSED DENSITY WOULD BRING TRASH TO OUR BEACHES, CRIME, TRESPASSING, LOWER PROPERTY VALUE, AND UNBEARABLE TRAFFIC TO OUR ONLY ROAD, GULF BLVD. PLEASE CHOOSE WISELY. THANK YOU, BILL AND AUDREY PETERSON SHERRY WATKINS, PLEASE DISTRIBUTE THIS REQUEST TO THE CDB MEMBERS, CITY MANAGER, ASST. CITY MANAGER AND DIR. OF PLANNING. THANK YOU. Create a Home Theater Like the Pros. YVqtGbJh~vjg~Q_Qn_AOLl:::t9me. 3/19/2008 . . Page 1 of 1 Wells, Wayne From: Luigi Del Basso [I.delbasso@servebase.com] Sent: Tuesday, March 18, 2008 6:08 AM To: Wells, Wayne Subject: Case # FLD2008-02002 (1590 Gulf Boulevard) Dear Mr Wells. As a resident at 219 Sand Key Estates Drive, I wish to voice my objection to the application by Legg Mason to build a 5 star hotel. We purchased our property in Sand Key as this is not a tourist community. We are concerned with all aspects including height, population density, traffic and noise. Regards Luigi Del Basso CEO www,_s.efYS!past:,-com Ji Please consider the environment before printing this e-mail The views expressed in this email are those of the individual and not necessarily those of Serve base. Should you receive this email in error, do not disclose, copy or take any action in reliance of this transmission but please notify the sender as soon as possible and delete it. 3/1812008 , . . . Page 1 of2 Wells, Wayne From: Everitt, Steven Sent: Monday, March 17,2008 11 :55 AM To: Michael Foley (E-mail); Wells, Wayne Subject: FW: SOS Save Our Shoppes -----Original Message----- From: Watkins, Sherry Sent: Monday, March 17, 2008 11:50 AM To: Everitt, Steven Subject: FW: SOS Save Our Shoppes -----Original Message----- From: Stevens, Elaine F [mailto:Elaine.F.Stevens@questdiagnostics.com] Sent: Monday, March 17, 2008 10:22 AM To: Hibbard, Frank Cc: Watkins, Sherry Subject: SOS Save Our Shoppes I will be attending the upcoming City Council meeting to see first hand how our local government act to represent the people. As you must be aware, the "ground swell" protesting the rezoning the area that now houses the Shoppes of Sand Key is continuing to grow. Many of our frequent visitors are appalled that the city would rezone the property enabling further development of condos or hotels on Sand Key. They as well as the residents use these shops which provide us with a sense of community. We have enough development on the key and I worry about evacuation in the event of a hurricane. Our roads can barely handle the traffic today. Just try to get on and off the road on any day during the season. It is next to impossible. At the COB meeting, it was suggested that there would be less traffic with a hotel. Mr.. Evertt could not confirm that the data included the trips taken once people arrive. They are likely to have rental cars and go in and out during the day and evening to visit local attractions and restaurants. The data presented was what I would call very high level and decisions should not be made on that analysis. He agreed that a more detailed study would need to be done. All this said, I encourage you to listen to the will of the people and vote against zoning this land as Tourist but instead opt for the more restricted Business option. I would also like to voice my objection to the zoning changes requested by the Biltmore for construction adjacent to the Cabana Club. Sand Key is saturated and it is time to conserve the little space that we have. Please vote NO and stop the madness. Thank you for your consideration Elaine Stevens Landmark Towers 1 The contents of this message, together with any attachments, are intended only for the use of the person (s) to which they are addressed and may contain confidential and/or privileged information. Further, any medical information herein is confidential and protected by law. It is unlawful for unauthorized persons to use, review, copy, disclose, or disseminate confidential medical information. If you are not the intended recipient, immediately advise the sender and delete this message and any attachments. Any 3/17/2008 . . Page 2 of2 distribution, or copying of this message, or any attachment, is prohibited. 3/17/2008 . . Page 1 of 1 Wells, Wayne From: BARBGOLF@aol.com Sent: Sunday, March 16, 2008 1 :54 PM To: Hibbard, Frank; Doran, John; Petersen, Carlen; Cretekos, George; Gibson, Paul; Wells, Wayne Subject: Re: Case #: FLD2008-02002 (1590 Gulf Blvd.) I am sending the following email at the request of Mr. and Mrs. Ernest Mortham, who reside at 1591 Gulf Blvd. They do not own a computer and asked me to express their opposition on the above matter. To the Mayor, City Council, and Planning Dept. We cannot believe that you are seriously considering allowing Legg Mason to build a hotel for the Belleview Biltmore on the site of the Cabana Club Restaurant. A similar proposal was defeated about 7-8 years ago and the reasons have not been changed since. There is not enough room for a decent building, not enough parking unless they encroach on the parking area of the Cabana Club owners, not enough entry driveway room. You would be taking away the residential feeling of the area. Among other things, you would be taking away our beautiful view of the lovely sunsets, which is one of the reasons we bought here 25 years ago. Even though we do not have individual home sites, these condos are our homes. In the case of the Harbour Condominium, if people are boated out to this location, they have to walk across our property. From past experience, many are noisy and inconsiderate, regardless of the time of day or night. We would never have bought here, if there had been a hotel across the street. It was bad enough when the restaurant was more active. The traffic will be even worse. You would be contributing to an even worse housing market on Sand Key if you were to allow this hotel to be built. You will be getting less tax money as prices go down. We can't imagine how awful it will be if there were a hotel across the street. Ernest and Thirza Mortham, 1591 Gulf Blvd., sent by Barbara Ferree, 1591 Gulf Blvd. **************I1's Tax Time! Get tips, forms, and advice on AOL Money & Finance. (http://money .aol.com/tax?NC 1 D=aol prf0003000000000 1 ) 3/17/2008 . . Page 1 of 1 Wells, Wayne From: BARBGOLF@aol.com Sent: Sunday, March 16, 2008 1 :20 PM To: Wells, Wayne; Hibbard, Frank; Doran, John; Petersen, Carlen; Cretekos, George; Gibson, Paul Subject: Re: Case #: FLD2008-02002 (1590 Gulf Blvd.) To the Mayor, City Council, and Planning Dept. I cannot believe that you are seriously considering allowing Legg Mason to build a hotel for the Belleview Biltmore on the site of the Cabana Club Restaurant. A similar proposal was defeated about 7-8 years ago and the reasons have not been changed since. There is not enough room for a decent building, not enough parking unless they encroach on the parking area of the Cabana Club owners, not enough entry driveway room. You would be taking away the residential feeling of the area. Even though we do not have individual home sites, these condos are our homes. In the case of the Harbour Condominium, if people are boated out to this location, they have to walk across our property. From past experience, many are noisy and inconsiderate, regardless of the time of day or night. I lived there for over 23 years and would never have bought there, if there had been a hotel across the street. It was bad enough when the restaurant was more active. You would be contributing to an even worse housing market on Sand Key if you were to allow this hotel to be built. Even though I do not live there at the present time, I still own property there and shudder to think how awful it would be if there were a hotel across the street. Barbara Ferree, 1591 Gulf Blvd. ************** It's Tax Time! Get tips, forms, and advice on AOL Money & Finance. (http://money .aol.com/tax?NC I D=aol prf0003000000000 1 ) 3/1712008 ... . . Page 1 of 1 Wells, Wayne From: Smithwjr@aol.com Sent: Saturday, March 15, 2008 1 :29 PM To: Wells, Wayne Subject: Case # FLD2008-02002 (1590 Gulf Boulevard) Dear Mr. Wells: Please accept this e-mail as documenting our objection to the project proposed by Legg Mason and outlined in the above referenced case. Specifically, the reasons for our objection are detailed in the accompanying attachment. Thank you for your consideration. Lenore J. Smith Wondel Smith, Jr. 230 Sand Key Estates Drive Clearwater, FL 33767 It's Tax Time! Get tips. forms and advice on AOL Money & Finance. 3/17/2008 .. ' . . Hotel & Restaurant at Cabana Club You have probably heard about the proposed plan to build a "5 Star" hotel across Gulf Boulevard at the Ca- bana Club. The Moorings Board of Directors believes that each homeowner should make their own decision regarding this project but did want to share some of the information we have received on this subject. ********************************************* Save Our Neighborhood legg Mason (lM) wants to build a "5 Star" hotel and 2 restaurants to replace the Cabana Club Restaurant. Residential Neiqhborhood-NOT a tourist Community -Sand Key is a residential neighborhood. We want to keep it that way. -This new hotel will change our neighborhood forever. -If Clearwater changes the hotel density code on March 20th then LM could increase the number of proposed rooms from 38 to 75 on less than an acre of land. LM has requested variances to build this hotel that we must oooose. -LM has asked for a vertical height variance from 25 feet to 65 feet above the flood stage and a set back variance from 10 feet to 5 feet. These variances could bring the hotel to nearly the height of Dan's Island and could be taller if the density code is changed. It also creates a tremendous density that is not consistent with the current residential character of Sand Key. -Legg Mason must prove that the variance is needed because of "hardship" but the hardship would be in- flicted on us. Traffic & qaraqe facilities will adverselv impact our resi- dential community. -Increased traffic that included hotel busing of employ- ees. -Increases noise from said traffic early in the morning and late at night. -Parking spaces LM has allotted are not adequate and could spill into our neighborhood building lots and parks. -Hotel guests will share a common driveway with the Cabana Club owners. A ferrv will transoort quests between Bellview Biltmore's almost 500 room hotel and the Cabana Club Hotel. -The boat will travel a canal that contains the private marinas of The Moorings, Marina Del Rey and The Har- bour. -It will land at a dock abutting the Harbour condomin- ium property. -Guests will cross residential property and Gulf Boule- vard to arrive at this proposed hotel. -Guest traffic will result in increased liability for sur- rounding residences. A hotel. even a "5 Star" hotel. will decrease the value of our orooerties. -In 2000 a similar structure would have devalued the property of four of our condo buildings in the aggregate of $5,000,000. -This hotel complex will undermine Clearwater's tax base since property values have sky rocketed since 2000. We need to work together to oppose Legg Mason's plan. Save our neighborhood! Contact Information To voice your concerns and opposition to Legg Mason's proposed hotel at the Cabana Club Restaurant site please send your emails or letters to the following per- sons, and be sure to reference this case number: Case # FlD2008-02002 (1590 Gulf Boulevard) 1. Wayne Wells Clearwater Planning Department, P.O. Box 4748 Clearwater, FL 33758-4748 wavne. wells@lmvclearwater.com 2. Sherry Watkins sherrv. watki ns@lmvclearwater.com Phone: 727+562-4582 She will distribute internally to City of Clearwater personnel, if you ask in your email. 3. Mayor Frank Hibbard Mayor of Clearwater 112 S. Osceola Avenue Clearwater, FL 33756 fra nk. h i bba rd@lmvclearwater.com . . Page 1 of2 Wells, Wayne From:' greenwdassoc@aol.com Sent: Saturday, March 15, 2008 10:20 AM To: Wells, Wayne Subject: Legg Mason Proposal Wayne Wellls Planning Dept. Clearwater Dear Mr . Wells, Re: Case #: FLD2008-02002 (1590 Gulf Blvd.) Please consider the concerns that we have listed below. Sand Key Is A Residential Neighborhood - NOT A Tourist Community Sand Key is a residential neighborhood. We want to keep it that way. This new hotel will change our unique neighborhood forever. I want to Oppose Zoning Changes and Variances LM must obtain a zoning change to build a structure within zoned "Open Space" LM is requesting a variance of an additional 65'. The current zoning is 25' so the aggregate height of the building will be 90' high. and a set back variance from 10 feet to 5 feet. This will bring the hotel to nearly the height of Dan's Island and could be taller if the hotel density code is changed. The hotel will create a tremendous density that is not consistent with the current residential character of Sand Key. Traffic & Garage Facilities Will Adversely Impact Our Residential Community Increased traffic that includes hotel busing of employees, including early in the morning and late at night. Parking spaces LM has allotted are not adequate and could spill into our neighborhood building lots and parks. Hotel guests will share a common driveway with the Cabana Club owners. A Ferry Will Transport Guests Between Bellview Biltmore's Almost 500 Room Hotel and The Cabana Club Hotel The boat will land at a dock abutting The Harbour condominium property Guests will cross residential property and Gulf Blvd. to arrive at the hotel Guest traffic will result in increased liability for surrounding residences. A Hotel, Even A "5 Star Hotel," Will Decrease The Value Of Our Properties In 2000 a similar structure would have devalued the condo units in four surrounding buildings in the aggregate of $5,000,000. This hotel complex will undermine Clearwater's tax base since property values have sky rocketed since 2000. For all these reasons, we ask that you not allow Legg Mason to move forward with their proposal. Thank you in advance for understanding our concerns. C. Skardon Bliss and Janet Greenwood 3/1712008 . . . . Page 2 of2 Owners Unit 302 The Harbour Sand Key Janet Greenwood, Ph.D., CEP Psychologist/Educational Consultant Greenwood Associates, Inc. 310 South Brevard Ave. Tampa, FL 33606 813 254-5303 Supercharge your AIM. Get the t-LMJQolbar for your browser. 3/1 7/2008 . . Wells, Wayne From: Sent: To: Cc: Subject: j psaltis@tampabay.rr.com Friday, March 14,20089:09 PM Cretekos, George Wells, Wayne Case #:FLD2008-02002(1590 Gulf Blvd.) DEAR COUNCILMAN CRETEKOS, I AM SENDING THIS LETTER TO VOICE MY CONCERN REGARDING MR. LEGG MASON'S PROJECT AT CABANA CLUB WHICH IS DIRECTLY NEXT TO MY UNIT STACK. I THINK THAT THE TYPE OF A BLDG. THAT HE PROPOSES IS DEFINITELY NOT AN ASSET TO OUR BEAUTIFUL SAND KEY AREA. PLEASE KEEP ME INFORMED OF ANY LATER DEVELOPMENTS. THANK YOU FOR YOUR CONSIDERATION IN THIS MATTER. JOHN AND HELEN PSALTIS..... . 1600GULF BLVD APT 1115. DAN'S ISLAND. CLWTR TEL;727-595- 5586 1 . M" If Ie p.o. Box 3014 Clearwater, Florida 33767 L PU\I\.. March 15,2008 c:- FR j VIA EMAIL and REGULAR UNITED STATES MAIL Mr. Nicholas C. Fritsch, Chairperson Community Development Board 112 S. Osceola Avenue Clearwater, FL 33756 Re: Legg Mason's Application FLD2008-02002 (1590 Gulf Blvd.) Shoppes Zoning Application Hotel Density Increase Dear Mr. Fritsch: On behalf of the Board of Directors and membership of the Sand Key Civic Association (SKCA), please consider this letter as a further expression of our concerns regarding our community and the future of Sand Key. In our letter dated February 14, 2008, we expressed opposition to the Tourist Zone request for the Shoppes of Sand Key and concern regarding an application for variances for the Cabana Club property. These applications and the City's recently publicized plan to increase the number of hotel rooms permitted in "all" Clearwater Tourist and Commercial zones cause serious concern to the more than 3,000 residents of Sand Key. Le!!!! Mason We are advised that the Legg Mason plan, which appears to have undergone several iterations, was filed as an application in February and resubmitted with amendments in March. The plan, in its initial informal stages, has been discussed at our monthly meetings since last year. At our invitation, Legg Mason made a presentation of it's current plan at our March 5th meeting. Recent meetings have been unusually well attended due to pending zoning issues, and there was overwhelming resident opposition to development that would require any variance or administrative interpretation that is not consistent with existing boundary and zoning lines. Some reasons provided by residents to support their opposition: 1) Sand Key is a residential neighborhood and an additional hotel is not in keeping with the nature of our community. . . 2) The hotel guests from the convention business of the renovated and expanded Belleview Biltmore are to be ferried by boat up a canal that was not designed or intended to handle commercial traffic and has not been regularly used for that purpose. 3) The proposal of 61 parking spaces for a hotel and 5,000 square foot restaurant requiring 18 hotel and restaurant employees will exacerbate an already congested parking situation at the Cabana Club and has the potential to negatively impact parking at surrounding private condominium residences. 4) A hotel complex of this magnitude squeezed within the existing density of condominiums will adversely affect both the natural environment and the surrounding neighborhood character. 5) The hotel will significantly impact views of residents who purchased believing that the City would not allow an already developed site to change significantly. 6) The proposal will contribute to the significant decline in surrounding property values and to a commensurate deterioration of Clearwater's tax base. Hotel Densitv Sand Key is a residential community. It is not a tourist area. We understand the thought process and need for the City to encourage hotel development in areas where tourist accommodations are at a premium. We do not understand or agree with a blanket decision to increase density in all Clearwater Tourist and Commercial zones. Quite simply, we do not find it either logical or fair to the residents of Sand Key to allow a significant increase in the number of hotel rooms within our residential community with it's already existing confined areas. The inevitable, and perhaps unknown and unintended result will be more applications for hotel development beyond those currently filed, which will have a significant detrimental impact on the entire Sand Key Community. Our residents are not opposed to quality development on Sand Key, such as restaurants, beach clubs or spas, where the character of our residential community is not adversely impacted. As Board members, we are conscious of our responsibility to represent the best interests of the entire Sand Key community. In that regard, we believe that many Sand Key residents feel that they lack the opportunity to provide significant input or influence regarding changes to and the future of their residential neighborhood. This feeling, together with the strong opposition to any increase in hotel density on Sand Key, heightens the urgent need for a long range plan for the island that would take into consideration the current and future needs of the residents as well as business owners and the City of Clearwater. More than 350 Sand Key residents attended the CDB hearing on February 19, 2008. Many addressed the Board to request the City's partnership, support and cooperation in working together to implement a neighborhood community overlay district. We believe that allowing our residents to fully participate and collaborate with City officials and other interested parties will result in the best possible future vision and long range plan for Sand Key and the City of Clearwater. In this regard, the SKCA, whose membership is comprised of . . . . the majority of Sand Key residents, is ideally suited and stands ready to assume a leadership role in working with the City to undertake this formidable project. In closing, for the reasons stated, the SKCA respectfully reiterates its request that the Community Development Board, and City Council, deny the application for a T zone designation for the Shoppes and that it deny all variance requests of the Legg Mason application and any requests for administrative interpretations that would change zoning lines or zoned areas. We also request that the CDB specifically recommend to the Mayor and City Council that Sand Key be excluded from any zoning or code changes that could increase the allowed hotel density in our neighborhood. Donald van Weezel Board Secretary cc: Wayne Wells, Planner for the CDB Steven Everitt, Planner for the CDB CDB Board Members Mayor Frank Hibbard c. . e Page 1 of 1 Wells, Wayne Sent: To: From: DonaldVanW@aol.com Friday, March 14, 2008 2:44 PM nfritsch@tampabay.rr.com doreen.d ipolito@d-mar.com; radelson2@verizon.net; thomas@triangledevelopment.com; fdame@yahoo.com; danatallman@urscorp.com; jordan@behardesign.com; Watkins, Sherry; Hibbard, Frank; Doran, John; Petersen, Carlen; Cretekos, George; Gibson, Paul; gina.grimes@myclearwater.com; Wells, Wayne; Everitt, Steven; JACALlO@aol.com Subject: SKCA ZONING COMMENT LETTER Cc: Dear Mr. Fritsch: The attached letter is submitted on behalf of the Board of Directors of the Sand Key Civic Association ("SKCA"). The letter further addresses several zoning related issues impacting the residents of Sand Key that are scheduled for future Community Development Board ("CDB") meetings. The SKCA Board would sincerely appreciate the CDB's consideration of our comments during deliberations on the relevant applications. As mentioned in our letter, the Board supports the development of a comprehensive zoning overlay/plan for Sand Key, and is prepared to work together with City of Clearwater officials to undertake and complete such a plan. Donald van Weezel Board Secretary It's Tax Time! ~~Ltjpj:l_, form~ang?Q",iQ.~_onhQL Mon~y-~Ej.nan_g~_, 3/14/2008 .~~ ND \ EY CI~~OC/ . . PO, Box 3014 CI<1MV,flltet, FlOrida March 15,2008 VIA EMAIL and REGULAR UNITED STATES MAIL Mr. Nicholas C. Fritsch, Chairperson Community Development Board 112 S. Osceola Avenue Clearwater, FL 33756 Re: Legg Mason's Application FLD2008-02002 (1590 Gulf Blvd.) Shoppes Zoning Application Hotel Density Increase Dear Mr. Fritsch: On behalf of the Board of Directors and membership of the Sand Key Civic Association (SKCA), please consider this letter as a further expression of our concerns regarding our community and the future of Sand Key. In our letter dated February 14, 2008, we expressed opposition to the Tourist Zone request for the Shoppes of Sand Key and concern regarding an application for variances for the Cabana Club property. These applications and the City's recently publicized plan to increase the number of hotel rooms permitted in "all" Clearwater Tourist and Commercial zones cause serious concern to the more than 3,000 residents of Sand Key. Lef!f! Mason Weare advised that the Legg Mason plan, which appears to have undergone several iterations, was filed as an application in February and resubmitted with amendments in March. The plan, in its initial informal stages, has been discussed at our monthly meetings since last year. At our invitation, Legg Mason made a presentation of it's current plan at our March 5th meeting. Recent meetings have been unusually well attended due to pending zoning issues, and there was overwhelming resident opposition to development that would require any variance or administrative interpretation that is not consistent with existing boundary and zoning lines. Some reasons provided by residents to support their opposition: 1) Sand Key is a residential neighborhood and an additional hotel is not in keeping with the nature of our community. . , e . 2) The hotel guests from the convention business of the renovated and expanded Belleview Biltmore are to be ferried by boat up a canal that was not designed or intended to handle commercial traffic and has not been regularly used for that purpose. 3) The proposal of 61 parking spaces for a hotel and 5,000 square foot restaurant requiring 18 hotel and restaurant employees will exacerbate an already congested parking situation at the Cabana Club and has the potential to negatively impact parking at surrounding private condominium residences. 4) A hotel complex of this magnitude squeezed within the existing density of condominiums will adversely affect both the natural environment and the surrounding neighborhood character. 5) The hotel will significantly impact views of residents who purchased believing that the City would not allow an already developed site to change significantly. 6) The proposal will contribute to the significant decline in surrounding property values and to a commensurate deterioration of Clearwater's tax base. Hotel Densitv Sand Key is a residential community. It is not a tourist area. We understand the thought process and need for the City to encourage hotel development in areas where tourist accommodations are at a premium. We do not understand or agree with a blanket decision to increase density in all Clearwater Tourist and Commercial zones. Quite simply, we do not find it either logical or fair to the residents of Sand Key to allow a significant increase in the number of hotel rooms within our residential community with it's already existing confined areas. The inevitable, and perhaps unknown and unintended result will be more applications for hotel development beyond those currently filed, which will have a significant detrimental impact on the entire Sand Key Community. Our residents are not opposed to quality development on Sand Key, such as restaurants, beach clubs or spas, where the character of our residential community is not adversely impacted. As Board members, we are conscious of our responsibility to represent the best interests of the entire Sand Key community. In that regard, we believe that many Sand Key residents feel that they lack the opportunity to provide significant input or influence regarding changes to and the future of their residential neighborhood. This feeling, together with the strong opposition to any increase in hotel density on Sand Key, heightens the urgent need for a long range plan for the island that would take into consideration the current and future needs of the residents as well as business owners and the City of Clearwater. More than 350 Sand Key residents attended the CDB hearing on February 19, 2008. Many addressed the Board to request the City's partnership, support and cooperation in working together to implement a neighborhood community overlay district. We believe that allowing our residents to fully participate and collaborate with City officials and other interested parties will result in the best possible future vision and long range plan for Sand ., . . I . . Key and the City of Clearwater. In this regard, the SKCA, whose membership is comprised of the majority of Sand Key residents, is ideally suited and stands ready to assume a leadership role in working with the City to undertake this formidable project. In closing, for the reasons stated, the SKCA respectfully reiterates its request that the Community Development Board, and City Council, deny the application for a T zone designation for the Shoppes and that it deny all variance requests of the Legg Mason application and any requests for administrative interpretations that would change zoning lines or zoned areas. We also request that the CDB specifically recommend to the Mayor and City Council that Sand Key be excluded from any zoning or code changes that could increase the allowed hotel density in our neighborhood. Sincerely, Donald van Weezel Donald van Weezel Board Secretary cc: Wayne Wells, Planner for the CDB Steven Everitt, Planner for the CDB CDB Board Members Mayor Frank Hibbard . . Wells, Wayne Cc: Subject: Craig_Junkins@mail.ffp1.com Friday, March 14,200812:03 PM Wells, Wayne; Watkins, Sherry; Doran, John; Petersen, Carlen; Cretekos, George; Gibson, Paul Hibbard, Frank FLD2008-02002 - 1590 Gulf Blvd. From: Sent: To: Importance: High In advance of your hearings on this matterl we wanted to let you know we are opposed to Legg Mason's plan to build a hotel at the Cabana Club location. We believe the increase in density would adveresly impact what is clearly a residential neighborhood and negatively impact our property value. We implore you to vote against this proposal. Thank you, Craig and Cathy Junkins 1635 Sand Key Estates Ct. 727-596-8260 1 . /)7CV&e-A J.cxo2 ~:6~~; R~~ ~ iI= FL'D 2008'- o;(.oo:{. (/.!i-Yo ~ ~.) MAR 13 200B -C. Jf'~ _ )j JLP~ _-:- _ ~ J};~rL-!:.:~ ~ ' PLANNING DEPARTMENT -& _ _ _ -(f CITY OF CLEARWATER ~~~cvU-.~~~~ j:",c{~ >J7<<4<n7A' ~'ji-b~ o.-f..V/.J-. 1tu-t'''A<CV cfv-t- ~/<,~- I. ~~-~;/1.PA-~~~(1) ~ ~~~~I~~~t~C' d, ..t!r~ ~ th~ ~ Cuvl.~ ~L2~ :rJLr,.~~'V ~ ~V~~I ~,~~~~~ 1<~,?g~;J!i:: ~IL~ J~~, ~ ~ ~ {/ '-J- . _ (/ '/. -~ -. (7 /7 :~.~ .' ~)~:~:~~. ~_CL<l-~/ ~ ~ ~~ :J. CP;t~1- p., "-'>~ ~o ~ J2-~- ~':~r-v~h ~~~~ S:~~~~O-rl.~~' ._. ' . &, I~~ ~~ ~.WY}~~J~~ .L ~O-~VLOC~~ 7 ~ 4 ~~. ~~~ ~ CVV1-~"," r,V. , ,-j~~~ -a /, ~ ~cj, ~ ~ ~ /YL--<J~' ct&'---rp'L~~ -;L.~ ~~ 'J urr~ ~ ~_ z;/Ju h-o-o-i.- A:()1-T(-~ ' 8', p~ fj ~< ~o-r? W/-AP-vd. 9. .~ I~.-<A/~' ~ r:: ~~~~~ &-n~~' ~~~~cv.~ tJcr-.-rL/;71'-<--^/Y7'~ 1U<0 T , /o,J~~~,,--,~~7rb'= ~d.!Jw~. ..p?~/l/c9{ ~. -() 1/, ~ ~-~ ~ 1 ~ ~~? Lo7-uLc__. j~, 1~.J.y /L.r".~ ./"}/4 J:'xcJUUJ..<L.JU' fI . ;: v ~~~~~~~~ JA,~~I~. ~7'JL..~tMA-J~ 1 ~ ~.. I 7c"'/VLk 7(~ v . . . 9J~-' t / ~Pb ~1 ,M~~. Iii,). dO~ GJ..e~..r"hJc..~J FL. 337\0 7- 291 B . . Page 1 of 1 Wells, Wayne From: wruhl@bellsouth.net Sent: Wednesday, March 12,20082:36 PM To: Wells, Wayne Subject: Cabana Club Restaurant Building -------------- Forwarded Message: -------------- From: wruhl@bellsouth.net To: wruhl@bellsouth.net Date: Wed, 12 Mar 2008 18:03:07 +0000 I wish to express my feelings concerning case number FLD2008-02002 (1590 Gulf Blvd). My wife and I own a unit at 1621 Gulf Blvd., across the street from The Cabana Club Restaurant. We will be directly affected if you allow Legg Mason a variance. We bought in ISK in 1995 because this is a very desirable residential community. We believe the height and set back restrictions now in place should be enforced, and that the highest responsibility of government is to protect it's citizens. For obvious reasons this residential area is not a place for a hotel. Weare asking you to require any developer,even Legg Mason, to keep our community a very desirable place to live. They can develop their without changing the existing regulations, and we ask you to use your considerable influence to assure we are not adversely affected. Thank You Owner in ISK, 1621 Gulf Blvd. 3/12/2008 . . Wells, Wayne From: Sent: To: Subject: 7278041760 [pressinc@aol.com] Tuesday, March 11, 2008 4:56 PM Wells, Wayne RE: Cabana Club No, I am in Isle of Sand Key, 1621 Gulf blvd.. .and paying TONS of city property taxes! -----Original Message----- From: <Wayne.Wells@myClearwater.com> Sent: Tuesday, March 11, 2008 3:07 PM To: PressInc@aol.com <PressInc@aol.com> Subject: Cabana Club Todd - You have indicated in your emails that you are "a citizen affected by the Cabana proposal." Could you please elaborate as to how you are affected? Do you own a unit in the Cabana Club condominiums? Wayne M. Wells, AICP Planner III City of Clearwater 100 South Myrtle Avenue Clearwater, FL 33756-5520 Phone: 727-562-4504 Fax: 727-562-4865 FLAGS (XAOL-GOODCHECK-DONE XAOL-RECEIVED XAOL-GOOD)) 1 . . Page 1 of 1 Wells, Wayne From: PhyllisZeno@aol.com Sent: Tuesday, March 11, 2008 3:51 PM To: Wells, Wayne Subject: Cabana Club FLD2008-02002. 1590 Gulf Blvd/ Dear Mr. Wells: I am a resident of the Cabana Club as well as vice president of the Board. As the owner of a three bedroom unit on the south end of Building 2 at the Cabana Club, it is extremely disheartening to think that you would allow the altering of variances to permit Legg Mason to erect a seven story hotel just 25 feet from three of my bedroom windows. The noise, the traffic, the excessive numbers of people on the beach at night, disrupting our serenity is unspeakable. I bought this condo in the year 2,001, thinking my children would eventually retire and live here, but all three families are so horrified at the thought of living next to a hotel, that they will probably put me in a nursing home and get rid of tnis lovely residence. Please don't let them destroy it for me. Sincerely, Phyllis W. Zeno Cabana Club It's Tax Time! GeUiQ~. forms and advicELpn AOL Money & Finance. 3/11/2008 . . Wells, Wayne Page 1 of 1 From: Debbie Ryan [debjryan@gmail.com] Sent: Tuesday, March 11, 2008 3:36 PM To: Wells, Wayne; Doran, John; Petersen, Carlen; geopge.cretekos@myclearwater.com; paul.gobson@myclearwater.com Cc: Watkins, Sherry Subject: case#: FLD2008-02002 ( 1590 Gulf Blvd.) I would like to take this opportunity to oppose Legg Mason's proposal to build a " 5 Star" hotel and 2 restaurants to replace the Cabana Club Restaurant. One huge concern is that the reisdential community that Sand Key uniquely is will be changed forever and that the sheer inumber of tourists brought in by this proposal will increase traffic, noise, and cause parking space problems within this quiet community. The proposed ferry will bring tourist guests right in front of my house by traveling the canal that currently houses private marinas and boat slips of the residents of Marina del Rey, Harbour, and The Moorings. The reason my family bought here on Sand Key, like most of our neighbors on this part of the island, is because of the more permanent, residential character of the area and bringing a hotel like this into Sand Key will destroy the nature of this community. Additionally, we know our property values would be devalued if a building of this nature is allowed. There doesn't seem to be anything good about this proposal other than money in the pockets of the developer. 3/1112008 . . Wells, Wayne From: Sent: To: Subject: Claytun, Gina Tuescay, March 11,2008 1 :02 PM Wells Wayne FW: C-TRACS Reminder Message - Ticket Not Assigned Is there for your case? FYI - for the file -----Original Message----- From: CTRACS_CityOfClearw~ter [mailto:CTRACS_CityOfClearwater] Sent: Tuesday, March 11, ~008 6:00 AM To: Clayton, Gina Subject: C-TRACS Reminder Message - Ticket Not Assigned This is an automated messlge - DO NOT REPLY Just a friendly reminder :rom C-TRACS... Ticket number CTS00002945 has been open under category 'Comment Card' for 77 business days and is still not assigned to a C-TRACS user. Please review the ticket at your earliest convenience and assign it to the appropriate City staff member. Click on the link below t,) view the ticket in the C-TRACS System. httpS://199.227.233.60/ci:s/login.asp?tpk=30B694EB-5E93-4164-8F22-4815C3AF2BA2 Ticket Description: I am appalled to think the City of Clearwater would consider building 80 attached dwellings in a Felxible Standard Dev. at 2601 Pearce Dr. When is this town ever going to wake up and stop allowing slums to be build next to mansions or visa virsa? The lack of building codes has left tlis city as an undesirable place to live. We do not need any dwellings overlooking int.) our homes and bringing more crime to our area. The congestion on Seville coming from Cl'3arwater Mall is ridiculous now, it takes sitting through 3 lights to be able to get out on Hwy. 19. Please do not allow this. This is an automated mess,lge - DO NOT REPLY 1 . . Wells, Wayne From: Sent: To: Cc: Subject: Cyndi Tarapani [CTarapani@fldesign.com] Tuesday, March 11, 2008 9:04 AM Wells, Wayne Tom Reynolds; Richard Heisenbottle Re: Pressman: Sand Key Thanks for the information. I am assuming that he is representing someone or a group of people since like you, I didn't think he owned property on Sand Key. Thanks for clarifying to him that the Cabana Club application and the hotel density ordinance are two unrelated actions. We appreciate your sending the correspondence on the Cabana Club case to Richard as the agent. Thanks again, Wayne. Cyndi Tarapani vice President, Planning Florida Design Consultants ctarapani@fldesign.com Office: 727-849-7588 Cell: 727-234-7857 Fax: 727-848-3648 >>> <Wayne.Wells@myClearwater.com> 3/11/2008 8:57 AM >>> Cyndi - I do not know whom Todd is representing. I have done a check with the pinellas County Property Appraiser and their records do not indicate Todd owning a condominium unit in Cabana Club. So far, Mr. Pressman has asked questions of the status of the case and of the property in general. I have not forwarded those emails to you for that reason. This is the first email where he has expressed an opinion to the request (and to the mayor) . Wayne -----Original Message----- From: Cyndi Tarapani [mailto:CTarapani@fldesign.com] Sent: Tuesday, March 11, 2008 8:49 AM To: Wells, Wayne Subject: Re: Pressman: Sand Key Wayne-do you know who Todd is representing on the hotel density ordinance issue? Also, do you know who he is representing on the Belleview Biltmore Cabana Club case? Thanks for keeping us in the loop on this issue. Thanks for your help. Cyndi Tarapani Vice President, Planning Florida Design Consultants ctarapani@fldesign.com Office: 727-849-7588 Cell: 727-234-7857 Fax: 727-848-3648 >>> <Wayne.Wells@myClearwater.com> 3/11/2008 8:35 AM >>> 1 . . Todd - While you and I have been communicating a lot on the Cabana Club Flexible Development (FLD)proposal, the FLD application filed for the Cabana Club property, once made complete and deemed sufficient to move forward, will be decided by the Community Development Board (CDB), not City Council, in accordance with the provisions of the Clearwater Community Development Code. The proposed hotel density issue at this point is totally separate from the FLD application that has been filed. Wayne -----Original Message----- From: PressInc@aol.com [mailto:PressInc@aol.com] Sent: Monday, March 10, 2008 8:21 PM To: Hibbard, Frank; mike.delk@myclearwater.com Cc: Wells, Wayne Subject: Pressman: Sand Key Mayor: There is confusion and misinformation throughout Sand Key on the currently proposed density issue. The public is confused and has been hearing conflicting information regarding this issue. I had seen an article in the paper quoting Mr. Delk as saying the proposed ordinance could not be applied on $and Key. The simple question and clarification is, can the proposed hotel density increase ordinance coming thru the City right now, at the CDB this March 20th, be applied and used on Sand Key? This question would include the "T" zoned site under contention next to the Marriot and the Cabana Club proposal at the South end of the City on Sand Key? I will communicate my extreme objection to the Cabana Club proposal and I can well assure you that there are many, many, many citizens also against and upset about that Cabana Club proposal. I want to be clear that as a citizen affected by the Cabana proposal, I am 100% against the proposal if it applies to Sand Key in any form, as is virtually every citizen I have spoken to. I hope to hear back very soon. Thank you. Todd Pressman, President, Pressman & Assoc., Inc. 28870 U.S. Highway 19, N., #300 Clearwater, FL 33761 Cell, 727-804-1760. Ofc. 727-726-8683. Fx. 727-669-8114. Alt. Fx. 727-725-2933 It's Tax Time! Get <http://money.aol.com/tax?NCID=aolprf00030000000001> tips, forms 2 . and advice on AOL Money & Flnance. . . . 3 e e Page 1 of 1 Wells, Wayne From: realtwin21@aol.com Sent: Tuesday, March 11, 2008 11 :28 AM To: Wells, Wayne; shHry.watkins@c1earwater.com; Hibbard, Frank Subject: Case#FLD2008-0' ~002 To whom it may concern, Weare opposed to the proposed hotel at the Cabana Club restaurant site. There is no reason to modify zoning of this property. We are happy with the existing zoning, set backs and density. Denise Rossi Donna Rossi Robert Barth 1621 Gulf Blvd # 605 Clearwater FL 33767 Supercharge your AIM. Get th 3 6Hvl toolbar for your browser. 3/11/2008 . . Page 1 of2 Wells, Wayne From: Wells, Wayne Sent: Tuesday, March 1 1, 2008 11 :57 AM To: 'Presslnc@aol.com' Cc: Delk, Michael; Cia {ton, Gina; richard@rjha.net Subject: Pressman: Sand \'.ey Todd - You mention an article you are copying. If this was to be attached to this email, none is attached. Wayne -----Original Message- .--- From: Presslnc@aol.com [mailto:Presslnc@aol.com] Sent: Tuesday, Mardi 11,2008 11:19 AM To: Wells, Wayne Cc: Delk, Michael; Clayton, Gina; richard@rjha.net Subject: Re: Pressm~'n: Sand Key I am completely aware of that distinction. However, there is significant confusion amid the public whether the proposed alternative hotel density issue will or will not aftect Sand Key in anyway. I appreciate your communications, informative question answering, quick responses and patience with that issue. I am copying an article carried on the Sand Key Assoc. web site Oust sent it to Gina and Mike Delk). There are many people actively campaigning out there very hard against the density issue! The public needs to be carefully communicated with on this issue reo Sand Key! I am trying to help them get to the bottom of iLespecially at the pending cases of the Cabana Club site and liThe Shoppes" site next to the Marriot. Thanks. In a message dated 3/11/2008 8:35:20 A.M. Eastern Daylight Time, Wayne.Wells@myClearwater.com writes: Todd - While you and I have been communicating a lot on the Cabana Club Flexible Development (FLD)proposal, the F LD application filed for the Cabana Club property, once made complete and deemed sufficie"t to move forward, will be decided by the Community Development Board (COB), not City Council, in accordance with the provisions of the Clearwater Community Development Code. The proposed hotel density issue at this point is totally separate from the FLD application that has been filed. Wayne Todd Pressman, Fresident, Pressman & Assoc., Inc. 3/11/2008 e 28870 U.S. Highway 19, N., #300 Clearwater, FL 33"'61 Cell, 727-804-176()' Ofe. 727-726-8683. Fx. 727-669-8114. Alt. Fx. 727-725-2933 e Page 2 of2 It's Tax Time! Get tips, forms and advice on AOL Money & Finance. 3/11/2008 . . Page 1 of/2- Wells, Wayne From: Presslnc@aol.corTI Sent: Tuesday, March 11,2008 12:00 PM To: Wells, Wayne Cc: Delk, Michael; Cla'/ton, Gina; richard@rjha.net Subject: Re: Pressman: Sand Key It is copied below and the link is pasted at the bottom. Thanks. In a message dated 3/11/2008 11 :57:08 A.M. Eastern Daylight Time, Wayne.Wells@myClearwater.com writes: Todd - You mention an article you are copying. If this was to be attached to this email, none is attached. Wayne -----Original Message----- From: Presslnc@aol.com [mailto:Presslnc@aol.com] Sent: Tuesday, March 11, 2008 11:19 AM o Higher hotel density may rejuvenate tourism D ~LESTER R. DAILEY Article published on Wednesday. Feb. 20, 2008 , CLEARWATER - Developers ~ http://www.lbnw_.e__ekly.com/Pubs/clearw.. aler_cilizen/conlenl_articles/022008_cil-03.txt# know that it takes 150 to 210 --' hotel rooms per acre to be Photo by LESTER DAILEY profitabl~,. but it ~nly takes 30 Clearwater's planning director, Michael Delk, answers condominium Units. residents' questions. That's why the condo-building boom of the last few years has resulted in a shortage of affordable hotel rooms on Clearwater Beach and a subsequent decline in tourism. "Tourism is what drives the engine in Clearwater and many of our gulf-side communities; this is a tourist destination," Sheila Cole, executive director of the Clearwater Beach Chamber of Commerce, told the audience at a meeting in the Clearwater Beach Recreation Center on Feb. 13 to address the problem. "It's important to the economic viability of the area that tourism remain its numbar one industry... (But) we are short about 1,200 rooms. How do you tell people that there's no room at the inn?" Last fall, the Pinellas Planning Council agreed to allow Pinellas cities to increase the density in areas zoned tourist or commercial from the previous 50 units per acre to 75 units on parcels of one acre or less, 100 units on parcels of 1-3 acres or 125 units per acre on parcels of three or more acres. Next month, Clearwater planners will likely ask the City Council to adopt the new PPC guidelines. 3/11/2008 . . Page 2 09' Z- In addition, the city's Planning Department has come up with a proposal to create a density pool of 1,385 rooms thal can be given to developers as an incentive to build mid-size, mid- price hotels that would otherwise be barred by density restrictions. "The pool issue woul~ apply only to the area covered by Beach by Design," said Michael Delk, Clearwal.er's planning director. "It would not apply anywhere else in the city." But several Sand Key 'esidents either thought the plan would apply to their island or feared the spillover eft~ct if nearby Clearwater Beach is more densely developed. So many of them denounced the plan that one Clearwater Beach resident complained that Sand Key residenf.s were hogging the microphone. "I want Clearwater Beacn to be a resort," Sand Key resident Gene Gillespie said. "I think everybody on Sand Key deplores the loss of hotel rooms here." But he and other Sand Key residents expressed fear that the density pool would destroy the residential ambiance of ,heir island and drive up the taxable values of properties on both Clearwater Beach and ~,and Key. Belk reiterated that the density pool would not apply to Sand Key, and the new PPC density limits, if adopted by Clearwater, would apply only to the island's two hotels. The Shoppes on Sand ~ :ey would not be affected unless the city both adopts the PPC limits and grants the owner's request to rezone the shopping center to tourist. The reaction to the proposed density pool was mixed. "I'd like to be able to get on and off the island," Clearwater Beach Neighborhood Association member Allen Avery told the planners. "But we do need those replaced hotel units. I think the formula you've come up with is about the best you can do, and I support it." Former Clearwater Councilman David Hemerick disagreed. "I think it is a terrible idea to increase the density on Clearwater Beach," Hemerick said, adding that increased dtmsity would "create a disparity, not parity." C:=:J http://www.tbnweekly.com/pu as/clearwater citizen/content articles/022008 cit-03.txt Todd Pressman, President, Pressman & Assoc., Inc. 28870 U.S. Highway 19. N., #300 Clearwater, FL 33761 Cell, 727-804-1760. Ofc. 727-726-8683. Fx. 727-669-8114. Alt. Fx. 727-725-2933 3/1112008 . . Page 1 of 1 Wells, Wayne From: Bob & Patti Rogov/icz [bobandpatrogowicz@tampabay.rr.com] Sent: Tuesday, March 11, 2008 12:00 PM To: Wells, Wayne Cc: Watkins, Sherry Subject: CASE#FLD2008-02002 (1590 GULF BLVD) MR. WAYNE WELLS, MY WIFE AND I WOULD L1K'= TO GO ON RECORD THAT WE BOTH OPPOSE THE DEVELOPMENT OF THE CABANNA CLUB PROJECT. AS OWNERS OF TWO CONDO'S AT 1621 GULF BLVD,(UNITS 808 AND PH-B) WE ARE AGAINST MORE HCITELS, HEIGHT VARIANCES, THAT WILL DESTROY THE VIEW ON BOTH UNITS AND SET BACK VARIANCES. WE ALSO DISAGREE WITH LEGG MASON PURCHASING A BOAT SLIP THAT WILL ALLOW A Ft::RRY TO TRANSPORT GUESTS BETWEEN BELLEVIEW BILTMORE'S ALMOST 500 ROOM HOTEL AND THE CABANNA CLUB HOTEL.GUEST TRAFFIC WILL RESULT IN INCREASED LIABILITY FOR SURROUNDING RESIDENCES & INCREASED NOISE TO THE PEACE & DIGNITY OF SAND KEY. WE BOTH LOVE SAND KEY AND WE ARE CONFIDENT THAT WE HAVE OFFICIALS THAT WILL MAKE THE RIGHT DECISIOl'l TO OPPOSE HIGH-RISE BUILDINGS,OVERDEVELOPMENT AND INCREASED LIABILITY. THANK YOU, BOB AND PATTI ROGOWICZ, 1621 GULF BLVD,# 808 727 -798-7351 3/11/2008 . 'j . . Page 1 of2 Wells, Wayne From: Wells, Wayne Sent: Tuesday, March 11, 2008 8:35 AM To: 'Presslnc@aol.com' Cc: Delk, Michael; Clayton, Gina; 'richard@rjha.net' Subject: Pressman: Sand Key Todd - While you and I have been communicating a lot on the Cabana Club Flexible Development (FLD)proposal, the FLD application filed for the Cabana Club property, once made complete and deemed sufficient to move forward, will be decided by the Community Development Board (CDB), not City Council, in accordance with the provisions of the Clearwater Community Development Code. The proposed hotel density issue at this point is totally separate from the FLD application that has been filed. Wayne -----Original Messagen--- From: PressInc@aol.com [mailto: PressInc@aol.com] Sent: Monday, March 10, 2008 8:21 PM To: Hibbard, Frank; mike.delk@mydearwater.com Cc: Wells, Wayne Subject: Pressman: Sand Key Mayor: There is confusion and misinformation throughout Sand Key on the currently proposed density issue. The public is confused and has been hearing conflicting information regarding this issue. I had seen an article in the paper quoting Mr. Delk as saying the proposed ordinance could not be applied on sand Key. The simple question and clarification is, can the proposed hotel density increase ordinance coming thru the City right now, at the CDB this March 20th, be applied and used on Sand Key? This question would include the liT" zoned site under contention next to the Marriot and the Cabana Club proposal at the South end of the City on Sand Key? I will communicate my extreme objection to the Cabana Club proposal and I can well assure you that there are many, many, many citizens also against and upset about that Cabana Club proposal. I want to be clear that as a citizen affected by the Cabana proposal, I am 100% against the proposal if it applies to Sand Key in any form, as is virtually every citizen I have spoken to. I hope to hear back very soon. Thank you. Todd Pressman, President, Pressman & Assoc., Inc. 28870 U.S. Highway 19, N., #300 Clearwater, FL 33761 Cell, 727-804-1760. Gfc. 727-726-8683. Fx. 727-669-8114. Alt. Fx. 727-725-2933 3/11/2008 . . . . Page 2 of2 It's Tax Time! Get tips. forms and advice on AOL Money & Finance. 3/11/2008 . e Page 1 of 1 Wells, Wayne From: Presslnc@aol.com Sent: Monday, March 10, 2008 8:21 PM To: Hibbard, Frank; mike.delk@myclearwater.com Cc: Wells, Wayne Subject: Pressman: Sand Key Mayor: There is confusion and misinformation throughout Sand Key on the currently proposed density issue. The public is confused and has been hearing conflicting information regarding this issue. I had seen an article in the paper quoting Mr. Delk as saying the proposed ordinance could not be applied on sand Key. The simple question and clarification is, can the proposed hotel density increase ordinance coming thru the City right now, at the COB this March 20th, be applied and used on Sand Key? This question would include the "T" zoned site under contention next to the Marriot and the Cabana Club proposal at the South end of the City on Sand Key? I will communicate my extreme objection to the Cabana Club proposal and I can well assure you that there are many, many, many citizens also against and upset about that Cabana Club proposal. I want to be clear that as a citizen affected by the Cabana proposal, I am 100% against the proposal if it applies to Sand Key in any form, as is virtually every citizen I have spoken to. I hope to hear back very soon. Thank you. Todd Pressman, President, Pressman & Assoc., Inc. 28870 U.S. Highway 19, N., #300 Clearwater, FL 33761 Cell, 727-804-1760. Gfc. 727-726-8683. Fx. 727-669-8114. Alt. Fx. 727-725-2933 It's Tax Time!~~t~Q[m~_an_Q9J.lyi~e on AQL--M(m~Ym~tEin9n.G~. 3/11/2008 . . Wells, Wayne From: Sent: To: Subject: Yong Sun [y-sun@yahoo.com] Monday, March 10, 2008 7:18 PM Wells, Wayne RefE rence: FLD2008-02002, 1590 Gulf Blvd. March 10, 2008 Reference: FLD2008-02002, 1590 Gulf Blvd. Dear Wayne Wells, I have Blvd. oppose impact heard that a hotel will be build at 1590 Gulf This is really a very bad idea. I strongly this proposal because it will severely badly this remarkably bEautiful area in Sand Key. This project will damage and impact Sand Key in a very bad way. Sand Key has v=ry beautiful and attractive scenery. It has been a very good landmark for Clearwater beach. The proposal of building a hotel here is just not making any sense. It will permanently destroy the Jeautiful site and make Sand Key less attractive. This project is too large for this small site. The building is too big. Th~ proposal is way out of character. I hope you will help us to stop this nonsense project that will destroy this bf~autiful community. Sincerely yours, Yong Sun, Ph.D Looking for last minute s~opping deals? Find them fast with Yahoo! Search. http://tools.search.yahoo.com/newsearch/category.php? category=shopping 1 . . Page 1 of 1 Wells, Wayne From: Martin J Curry [mjcurry1 021 @verizon.net] Sent: Sunday, March 09, 2008 8:01 PM To: Wells, Wayne; Hibbard, Frank; George.Creteko@myclearwater.com; Gibson, Paul; Doran, John; Petersen, Carlen Subject: Legg Mason's Proposed Hotel-Case#FLD2008-02002 As full-time residents at the Isle of Sand Key Condominium, we want to convey our strong objection to the construction ofa hotel on the site of the present Cabana Club Grill and Bar. Our objection is based on the following: 1. The decision to buy our unit on the second floor of ISK was based on our expectation of a modest view of the gulf. Any variance to the present height would destroy what view we have now. 2. The decision made years back, which allowed a bar and grill to operate in a purely ressidential area, was a foolish mistake by the City. Let's not compound it. Loud outdoor music at the Cabana has been a nusiance! 3. Increased pedestrian and vehicular traffic, noise and parking problems are uneeded. 4. A proposed ferry with its attendant problems - pedestrian traffic, noise from loud talking and at times raucous behavior is unwe1comed. This is truly a residential area. Please do that you can to support the continuation of this designation. Sincerely, Martin & Josephine Curry Margaret Corbo Isle of Sand Key 1621 Gulf Blvd Unit 204 Clearwater FL 33767 3/1012008 . . . e March 4, 2008 oV D ,/,,0 (}pp) L Vv r+- 9--01iJ0 / 64.f r f f v\) L ,'it? f} Mayor Frank V. Hibbard City of Clearwater PO Box 4748 Clearwater, FI. 33758-4748 Dear Mayor Hibbard: During the most recent mayoral election, you asked for my support and vote, and you did indeed receive it. Now I am writing to you because I need your support and your vote on an issue that directly affects me and many of my neighbors. Specifically, I am asking for your support and vote in opposing the boutique hotel with its accompanying variances that is being proposed by the Legg Mason Real Estate Investment Group. Before I go any further, let me say that overall I am thrilled by the plans that LM has for the old Bellview Biltmore Hotel and Golf Course. For years I have said that if the Biltmore was to be saved, it would take someone or some entity like a Bill Gates to pull it off because it would be a back breaking / budget breaking project with the prospects for only a long term return on investment, if any. In other words, it would take an entity that is more good will and civic oriented than short term profit oriented to make it happen and save the Biltmore for posterity. I admire and respect the Legg Mason Group for exhibiting the qourage they have in undertaking such a gargantuan project with such great accompanying risk. Although I am among their greatest cheerleaders however, I do not support LM's plans for the Cabana Beach Club site on Sand Key. The idea of a boutique hotel on the beach is not the problem..... . It's the location. If the site were undeveloped land, I would not be writing this letter. We all know and realize that vacant, undeveloped land will eventually be developed. If one buys property adjacent to such, they should expect that something will happen someday and their views may become obstructed. Many years ago when I bought my first condo at the Isle of Sand Key building (1621 Gulf Blvd) there were no buildings across the street on the beach... .No Dan's Island... .No Cabana Club...... No Ultimar... ..just wide open beach. I knew very well that over time my unobstructed views would be lost as only a fool would have believed otherwise. Once things are developed in accordance with prevailing codes however I believe it becomes a new and different ball game. The Cabana site is developed and the plan with its height limits etc that was originally approved by the city, should remain intact. The people who purchased across the street after the Cabana site was developed, bought with the idea and understanding that the views they had, would be the views they would continue to have for at least 75 plus years until such a time that the current generation of . . condos face the wrecking balls. Considering the relative young age of most all the Sand Key structures, that day is a very long way off. Yes, developers have the right to develop' their vacant land with the blessings of the various state and local authorities, but re-development of existing sites is a totally different matter. At that point the best interests and concerns of the neighboring property owners should be paramount if we are to remain a fair and equitable society with integrity. In this case, the neighbors feel that the 25' height limit should be maintained as anything higher would block additional views and be counter to the best interests of the neighboring owners. Needless to say, there would also be a negative impact on the surrounding property values in addition to the diminished view issue. Now, let's go a bit deeper and look at the matter from the perspective of the LM group and the city. LM would like the 38 rooms so they can promote the fact that they have gulf front lodging available. I understand their desire, but I suggest to you that most of us rarely get all we want in life including the fine folks from LM. In this case, they may just have to live with redeveloping the site with a wonderful beach club that would include a very fine high end restaurant and bar. Without the hotel the restaurant / bar could be much larger than that which was originally planned to fit into a hotel structure. My instincts tell me that the expanded restaurant / bar / beach club facility could produce very good revenue... .perhaps a little short of what 38 hotel rooms would produce, but certainly acceptable. With proper marketing, the restaurant could be the most desired waterfront fine dining destination anywhere along the Pinellas beaches. Can ,you picture a wonderfully elegant restaurant and a classically done adjoining bar area with perhaps a grand piano all overlooking the beach and gulf? Finally, let's look at what effect a Cabana site would have on the city with and without the proposed 38 hotel rooms. I suggest to you that there may be no difference in tax revenue either way. Perhaps a larger restaurant with more food and beverage taxes collected would offset the loss of room tax. I'm not an expert in such areas, but it certainly sounds logical to me. I suppose your city budget experts would have to run the scenarios to come up with true estimates. Having said that, let's look at the worse case..... .Iess overall tax revenue. Mr. Hibbard, with all due respect, I must suggest to you that the city can and should be able to live with the little bit that may be lost by eliminating the 38 hotel rooms. I don't want to go totally off on my "favorite" subject, taxes, but I need to share my feelings. It seems that when a government gets a dollar, it will spend that dollar plus two more just like it, and still ask for more... ..That's just how it seems to work. We both know that the waste and duplication in government spending is pathetic...... You can't really talk openly about it for all the obvious political considerations, but I can and will. Fire and police departments will forever whine about not having enough money as it's in their culture to always want and expect more. Their chiefs will have us believe that if they do not get the newest and best squad car or fire truck with all the latest and greatest gadgets, that crime will . I, . . run rampant or public safety will be compromised. I think there are a lot of scare tactics employed all for the sake of feeding egos and excesses. Additionally, many (not all) government employees just have a different mind set and sense of entitlement than those in the private sector. I have personaJ..l.v.>>vatyh~our city grounds care crews at the little Sand Key Bay Park (the na~s de~.... The truck pulls up... .One fella gets out and lights a cigarette and just stands there.....Another scratches his body parts and finishes his coffee.....Yet another talks on his cell phone. In the meantime privately owned ABC Lawn Care pulls up in front of a home or condo and the following happens. Four guys jump out of the truck... .One drops the gate on the trailer... .Another already has the trimmer fired up and is off doing his part... .Another has the mower backed off the trailer as soon as the gate hits the ground....1 think you get the picture. In the time the "sacred cows" from the city do one site, ABC probably does two! Why don't we out source our city grounds care and maybe save some money??? Anyway, as I said above, I have the luxury of tall<ing about the obvious, but I well understand that you cannot, lest you be run out of town on a rail. Not a good thing, especially for a fella who, I understand, wants to be Governor someday. So... .back to the main point. Even if there were a few less dollars in revenue for the city by not having tax revenue from 38 hotel rooms, don't you think we could live with that? Perhaps one assistant to a city official might have to do without an assistant of his own. Yes, I'm saying that it's a little much when assistants expect and want assistants. Last but not least let me comment about the residents of Sand Key and who vote and who do not vote. For years, city officials have dismissed ws as just a bunch of whinny rich people most of whom don't live or vote here so why pay attention to them. Well, I'm here to tell you that I, along with many others, do indeed live and vote here. As such, I expect that my voice be heard and respected by those in public office. So, Mr. Hibbard, I ask you to please do the right thing and study the Cabana issue in a proper light. I believe that once you do, you will agree with our local position that the hotel proposed by the Legg Mason Group is counter to the best interests of the neighborhood. Please ask the other council members to do same and side with us Sand Key locals. The city will do just fine without the hotel and Legg Mason will also do just fine.... ..If they give us a proper restaurant, I'll likely dine there on a very regular basis. C. Edmund Koch Permanent Sand Key Resident and Director of the Isle of Sand Key Condo Assn. cc Council Members . . Page 1 of 1 Wells, Wayne From: Ed Koch [ekoch@earthlink.net] Sent: Wednesday, March 05, 2008 12:06 PM To: Wells, Wayne Cc: Hibbard, Frank; Doran, John; Cretekos, George; Petersen, Carlen; Gibson, Paul Subject: Attached Re: Case #FLD2008-02002 (1590 Gulf Blvd) Ed Koch 2630 W. Bay Dr. #103, Belleair Bluffs, FI. 33770 Office: (727) 582-9848 Cell: (727) 420-1397 Toll Free: (800) 860-7973 Fax: (727) 582-9626 Email: ekoch@earthlink.net "This message may contain confidential and / or proprietary information and is intended solely for the person / entity to whom it was originally addressed. Any use by others is strictly prohibited by law" 3/512008 . . March 4, 2008 Mayor Frank V. Hibbard City of Clearwater PO Box 4748 Clearwater, FI. 33758-4748 Dear Mayor Hibbard: During the most recent mayoral election, you asked for my support and vote, and you did indeed receive it. Now I am writing to you because I need your support and your vote on an issue that directly affects me and many of my neighbors. Specifically, I am asking for your support and vote in opposing the boutique hotel with its accompanying variances that is being proposed by the Legg Mason Real Estate Investment Group. Before I go any further, let me say that overall I am thrilled by the plans that LM has for the old Bellview Biltmore Hotel and Golf Course. For years I have said that if the Biltmore was to be saved, it would take someone or some entity like a Bill Gates to pull it off because it would be a back breaking / budget breaking project with the prospects for only a long term return on investment, if any. In other words, it would take an entity that is more good will and civic oriented than short term profit oriented to make it happen and save the Biltmore for posterity. I admire and respect the Legg Mason Group for exhibiting the courage they have in undertaking such a gargantuan project with such great accompanying risk. Although I am among their greatest cheerleaders however, I do not support LM's plans for the Cabana Beach Club site on Sand Key. The idea of a boutique hotel on the beach is not the problem.... ..It's the location. If the site were undeveloped land, I would not be writing this letter. We all know and realize that vacant, undeveloped land will eventually be developed. If one buys property adjacent to such, they should expect that something will happen someday and their views may become obstructed. Many years ago when I bought my first condo at the Isle of Sand Key building (1621 Gulf Blvd) there were no buildings across the street on the beach....No Dan's Island....No Cabana Club......No Ultimar.... .just wide open beach. I knew very well that over time my unobstructed views would be lost as only a fool would have believed otherwise. Once things are developed in accordance with prevailing codes however I believe it becomes a new and different ball game. The Cabana site is developed and the plan with its height limits etc that was originally approved by the city, should remain intact. The people who purchased across the street after the Cabana site was developed, bought with the idea and understanding that the views they had, would be the views they would continue to have for at least 75 plus years until such a time that the current generation of . . condos face the wrecking balls. Considering the relative young age of most all the Sand Key structures, that day is a very long way off. Yes, developers have the right to develop their vacant land with the blessings of the various state and local authorities, but re-development of existing sites is a totally different matter. At that point the best interests and concerns of the neighboring property owners should be paramount if we are to remain a fair and equitable society with integrity. In this case, the neighbors feel that the 25' height limit should be maintained as anything higher would block additional views and be counter to the best interests of the neighboring owners. Needless to say, there would also be a negative impact on the surrounding property values in addition to the diminished view issue. Now, let's go a bit deeper and look at the matter from the perspective of the LM group and the city. LM would like the 38 rooms so they can promote the fact that they have gulf front lodging available. I understand their desire, but I suggest to you that most of us rarely get all we want in life including the fine folks from LM. In this case, they may just have to live with redeveloping the site with a wonderful beach club that would include a very fine high end restaurant and bar. Without the hotel the restaurant / bar could be much larger than that which was originally planned to fit into a hotel structure. My instincts tell me that the expanded restaurant / bar / beach club facility could produce very good revenue.. ..perhaps a little short of what 38 hotel rooms would produce, but certainly acceptable. With proper marketing, the restaurant could be the most desired waterfront fine dining destination anywhere along the Pinellas beaches. Can you picture a wonderfully elegant restaurant and a classically done adjoining bar area with perhaps a grand piano all overlooking the beach and gulf? Finally, let's look at what effect a Cabana site would have on the city with and without the proposed 38 hotel rooms. I suggest to you that there may be no difference in tax revenue either way. Perhaps a larger restaurant with more food and beverage taxes collected would offset the loss of room tax. I'm not an expert in such areas, but it certainly sounds logical to me. I suppose your city budget experts would have to run the scenarios to come up with true estimates. Having said that, let's look at the worse case..... .Iess overall tax revenue. Mr. Hibbard, with all due respect, I must suggest to you that the city can and should be able to live with the little bit that may be lost by eliminating the 38 hotel rooms. I don't want to go totally off on my "favorite" subject, taxes, but I need to share my feelings. It seems that when a government gets a dollar, it will spend that dollar plus two more just like it, and still ask for more.. ...That's just how it seems to work. We both know that the waste and duplication in government spending is pathetic.... ..You can't really talk openly about it for all the obvious political considerations, but I can and will. Fire and police departments will forever whine about not having enough money as it's in their culture to always want and expect more. Their chiefs will have us believe that if they do not get the newest and best squad car or fire truck with all the latest and greatest gadgets, that crime will . . run rampant or public safety will be compromised. I think there are a lot of scare tactics employed all for the sake of feeding egos and excesses. Additionally, many (not all) government employees just have a different mind set and sense of entitlement than those in the private sector. I have personally watched our city grounds care crews at the little Sand Key Bay Park (the name is close).... ..The truck pulls up.. ..One fella gets out and lights a cigarette and just stands there.....Another scratches his body parts and finishes his coffee.....Yet another talks on his cell phone. In the meantime privately owned ABC Lawn Care pulls up in front of a home or condo and the following happens. Four guys jump out of the truck.. ..One drops the gate on the trailer.. ..Another already has the trimmer fired up and is off doing his part.. ..Another has the mower backed off the trailer as soon as the gate hits the ground....1 think you get the picture. In the time the "sacred cows" from the city do one site, ABC probably does two! Why don't we out source our city grounds care and maybe save some money??? Anyway, as I said above, I have the luxury of talking about the obvious, but I well understand that you cannot, lest you be run out of town on a rail. Not a good thing, especially for a fella who, I understand, wants to be Governor someday. So.. ..back to the main point. Even if there were a few less dollars in revenue for the city by not having tax revenue from 38 hotel rooms, don't you think we could live with that? Perhaps one assistant to a city official might have to do without an assistant of his own. Yes, I'm saying that it's a little much when assistants expect and want assistants. Last but not least let me comment about the residents of Sand Key and who vote and who do not vote. For years, city officials have dismissed us as just a bunch of whinny rich people most of whom don't live or vote here so why pay attention to them. Well, I'm here to tell you that I, along with many others, do indeed live and vote here. As such, I expect that my voice be heard and respected by those in public office. So, Mr. Hibbard, I ask you to please do the right thing and study the Cabana issue in a proper light. I believe that once you do, you will agree with our local position that the hotel proposed by the Legg Mason Group is counter to the best interests of the neighborhood. Please ask the other council members to do same and side with us Sand Key locals. The city will do just fine without the hotel and Legg Mason will also do justfine.... ..If they give us a proper restaurant, I'll likely dine there on a very regular basis. C. Edmund Koch Permanent Sand Key Resident and Director of the Isle of Sand Key Condo Assn. cc Council Members . . Ultimar Three Condominium Association, Inc. 1560 Gulf Boulevard Clearwater, Florida 33767 ORIGINAL RECEIVED FEB 20 2008 February 15,2008 PlANNING DEPARTMENT CRY OF CLEARWATER Mr. Nicholas C. Fritsch, Chairperson Community Development Board 112 S. Osceola Avenue Clearwater, FL 33756 Dear Mr. Fritsch: I am writing on behalf of the Board of Directors of Ultimar III Condominium Association regarding the community of Sand Key and its future. As board members, we are aware of our responsibility to represent the best interests of our unit owners. These interests, in our opinion, are not reflected in the existing zoning and variance options for Sand Key. We join many of our neighbors in respectfully requesting that the Community Development Board deny or postpone action on two pending applications (the Shoppes on Sand Key/the Cabana Club) until the residents of Sand Key have the opportunity to work with the CDB and the City of Clearwater in an effort to develop a long range plan that will take into consideration its residential character and the needs of its residents. Island Estates, working in close cooperation with the City, was successful in creating a neighborhood community overlay which should serve as an example of what can be accomplished through a coordinated planning effort. Cc: CBD Board Members c/o Steven Everitt, Planner Mayor Frank Hibbard . . Page 1 of 1 Wells, Wayne From: Wells, Wayne Sent: Tuesday, February 19, 2008 8:36 AM To: 'Presslnc@aol.com' Subject: Todd: Cabana Club Todd - The application is still incomplete and is not on the next DRC agenda. I am waiting for a resubmission to make the application complete. Until such time, it is on hold. Wayne -----Original Message----- From: PressInc@aol.com [mailto:PressInc@aol.com] Sent: Friday, February 15, 2008 8:10 AM To: Wells, Wayne Cc: Watkins, Sherry Subject: Todd: Cabana Club Guys, hoping to hear if that Cabana Club site, Legg Mason hotel, on Sand key application is accepted or not and will proceed with this month's group. Thanks. Todd Pressman, President, Pressman & Assoc., Inc. 28870 U.S. Highway 19, N., #300 Clearwater, FL 33761 Cell, 727-804-1760. Gfc. 727-726-8683. Fx. 727-669-8114. Alt. Fx. 727-725-2933 The year's hottest artists on the red carpet at the Grammy Awards. AQl",fY1~$ig~cLk~~YQu ther~._ 2/1912008 e e Page 1 of 1 Wells, Wayne From: Ardith Shipley [wonderchef50@hotmail.com] Sent: Thursday, February 14, 2008 3:53 PM To: Wells, Wayne; wonderchef50@hotmail.com Subject: Proposed Legg Mason Project Dear Mr. Wells, My name is Ardith Shipley and my husband and I live at the Isle of Sand Key Condominiums. We purchased our property in 2004 and became permanent residents of Florida in 2007. This is a wonderful community and a beautiful state. It was at our complete dismay to hear of the proposed Legg Mason development across the street from us. It was our understanding when we purchased here that everything had already been developed and all was "granfathered" in at the current height and could never be changed. The proposed variance change being requested by Legg Mason is, as you must be aware, for an additional 65' in additon to the current zoning height of 25'. Legg Mason is calling this building 6 stories -- quite deceitful in my opinion. You can count six stories of windows on the drawings, but this does not negate the fact that the aggregate height of the structure will be 90'. A couple of days ago I posted a note in our mail room asking for signatures of people opposed to the plan. To date I have collected over 65 signatures. I, as well as others, have been made aware of a multitude of issues connected with this proposed "boutique hotel". Liability for the folks at the Harbour South who own the private residental docks where there are plans to bring in a multitude of people daily from the Bellair Biltmore. There will be increased traffic. There are many days when events are planned in Sand Key Park when it is virtually impossible to get home in less than two hours. There will be increased noise as well. Our view, the main reason we purchased here, will be reduced by about 90%, and of course because of this the value will drop dramatically. We, here at the Isle of Sand Key, respectfully ask for any assistance you can give, to deny this variance request and the current proposal. Thank you. Ardith & Mike Shipley 1621 Gulf Blvd. Clearwater, FL 33767 Shed those extra pounds with MSN and The Biggest Loser! Learn mQr.e.... 2/1412008 e e Page 1 of2 " , . Wells, Wayne From: Wells, Wayne Sent: Thursday, February 14, 20084:06 PM To: 'Ardith Shipley' Cc: 'richard@rjha.net' Subject: Proposed Legg Mason Project Dear Ms. Shipley - Thank you for your letter expressing your concerns. This application for the hotel is currently incomplete. Once the application is determined complete, then this letter will be submitted to the Community Development Board (COB) along with all other application material for their consideration at the scheduled COB meeting (meeting date not yet determined). Should you have any additional questions, you may call (727-562-4504) or email me. Wayne Wells -----Original Message---n From: Ardith Shipley [mailto:wonderchef50@hotmail.com] Sent: Thursday, February 14, 20083:53 PM To: Wells, Wayne; wonderchef50@hotmail.com Subject: Proposed Legg Mason Project Dear Mr. Wells, My name is Ardith Shipley and my husband and I live at the Isle of Sand Key Condominiums. We purchased our property in 2004 and became permanent residents of Florida in 2007. This is a wonderful community and a beautiful state. It was at our complete dismay to hear of the proposed Legg Mason development across the street from us. It was our understanding when we purchased here that everything had already been developed and all was "granfathered" in at the current height and could never be changed. The proposed variance change being requested by Legg Mason is, as you must be aware, for an additional 65' in additon to the current zoning height of 25'. Legg Mason is calling this building 6 stories -- quite deceitful in my opinion. You can count six stories of windows on the drawings, but this does not negate the fact that the aggregate height of the structure will be 90'. A couple of days ago I posted a note in our mail room asking for signatures of people opposed to the plan. To date I have collected over 65 signatures. I, as well as others, have been made aware of a multitude of issues connected with this proposed "boutique hotel". Liability for the folks at the Harbour South who own the private residental docks where there are plans to bring in a multitude of people daily from the Bellair Biltmore. There will be increased traffic. There are many days when events are planned in Sand Key Park when it is virtually impossible to get home in less than two hours. There will be increased noise as well. Our view, the main reason we purchased here, will be reduced by about 90%, and of course because of this the value will drop dramatically. We, here at the Isle of Sand Key, respectfully ask for any assistance you can give, to deny this variance request and the current proposal. Thank you. 2/14/2008 e e Page 2 of2 Ardith & Mike Shipley 1621 Gulf Blvd. Clearwater, FL 33767 Shed those extra pounds with MSN and The Biggest Loser! Learn more. 2/14/2008 . e THE HARBOUR CONDOMINIUM ASSOCIATION, INC. 1581 - 1591 Gulf Boulevard Clearwater, Florida 33767 ORIGINAL RECENEO FEB 1 4 2008 PLANNING DEPARTMENT CITY OF CLEARWATER February 10,2008 SENT VIA EMAIL To Wayne. Wells@myclearwater.com and REGULAR UNITED STATES MAIL Wayne Wells Planner for The Clearwater Community Development Board 112 S. Osceola Ave., Third Floor Clearwater, FL 33756, Re: Opposition to Legg Mason's Proposal to Build the Cabana Club Hotel; Opposition to T Zone Request for the Shoppes of Sand Key Dear Mr. Wells: As the President of the Harbour Condominium Association, I am submitting this letter to advise the Clearwater Development Board that our association is strongly opposed to Legg Mason's proposal to build the Cabana Club Hotel, which is not in the best interest of the City of Clearwater or the City's citizens and residents of Sand Key. Many members of our Harbour Condominium Association and I attended a February 4, 2008 presentation by Legg Mason regarding their proposal for redeveloping the Cabana Club restaurant property. It is our understanding that Legg Mason is the current lessee of this restaurant property who on February 1,2008 filed its site plan to tear down the existing restaurant and build a hotel, restaurant and 10 Cabanas on the beach. In order to build this hotel a request has been submitted for at least two variances: the first to increase the vertical height from 25 feet to 65 feet above the flood stage; and the second to decrease the setback from 10 feet to 5 feet. Reportedly this will "only be a six-floor 38 room hotel" but from the architect's drawing it is apparent that by the time the structure incorporates another floor for a garage and additional height required for the flood stage, the hotel structure will nearly reach to the 12 story height of the neighboring Dan's Island condominium. If the application is deemed complete Legg Mason's requests will be heard on April 15, 2008. Contrary to Legg Mason's claim that a 5 star hotel will increase surrounding property values, the value of surrounding properties will be significantly reduced. This loss of value will undermine Clearwater's tax base because this is a residential neighborhood, not a tourist zone, and the hotel will impose tourists upon us who will not respect the needs of the residents. Legg Mason's hotel structure will adversely effect the view corridor of no less than five condominium buildings. In 2000, our attorney, Tim Johnson, for the SOB (Stop Over Building) Sand Key Committee submitted an expert's report indicating that the value of condominium units in the same five surrounding buildings would be decreased by an aggregate of $5,000,000 if a similar structure was allowed on the exact same location that Legg Mason now proposes for its hotel. . . W ayne Wells February 10,2008 Page 2 of3 That decline in property value was based upon the year 2000 property values, which have skyrocketed since then. The City wisely declined the request in 2000, and we request that the City now do the same and deny Legg Mason's current variance requests. In addition, I must make you aware of another manner in which Legg Mason's hotel proposal will adversely impact our residential neighborhood, our environment and, directly and without our consent, impose upon the Harbour Condominium Association significant liability risks. Legg Mason also stated its intentions to use a ferryboat to transport Belleview Biltmore and Cabana Club Hotel guests back and forth over the intra-coastal waters and down a narrow canal bordered by the private marinas of the Isle of Sand Key and Marina Del Rey to the private marina of the Harbour Condominiums, where Legg Mason has an easement across our property. In order to pick-up and drop off such guests, they intend to substantially expand the use of their easement for docking space at our marina and increase the flow of foot traffic across the residential property of the Harbour South Condominium owners. In order to access the nearest crosswalk over Gulf Boulevard to the Cabana Club property, these tourist-guests ofLegg Mason must walk across our private docks and sidewalk right next to our swimming pool, which will invade the peace and privacy of our residents. This unwanted intrusion upon our residential property will not be minor or infrequent because the Belleview Biltmore will have a combined total of almost 500 guest rooms, and their plan is to heavily promote convention business. The Harbour Condominium Marina is a private and residential dock, not a commercial ferry boat dock. We do not need a constant flow of tourists tromping across our property, especially after having a few cocktails at sunset, because the potential liability is too great with respect to their falling or having an accident on our very narrow walkway along the dock at our seawall. Another concern is that the proposed Cabana Club Hotel garage will only hold 61 vehicles. In response to the Cabana Club Condominium residents' expressed concerns that the increased traffic will have to use a driveway that is shared with the Cabana Club Condominium, Legg Mason claimed that it will bus in all employees needed for both the restaurant and the hotel. Sand Key residents are concerned that Legg Mason's claim that it will bus-in employees will either not be implemented or continued because of high skepticism that this approach is not practical or convenient for the employees or for the bottom-line of their employer. We all recognize that change is inevitable, that property owners have the right to develop their property, and that those rights must be balanced against the rights of Clearwater constituents who live on Sand Key and contribute a substantial amount to Clearwater's tax base. Sand Key residents are becoming more and more frustrated about not having control over their precious environment. This is why our association also supports the SOS Sand Key Committee's request for denial of Marriott's Tourist Zone application for the property on which the Shoppes of Sand Key are located. Both the Legg Mason request for a hotel variance and the Marriott request for the Shoppes of Sand Key will change the entire complexion of our Sand Key community. What we do encourage and strongly support is a dialogue with the City about a new process that will empower Sand Key residents to have a say in what occurs in their community and to have a process that may make your difficult jobs easier. We have met with and heard from JoEllen Farnham about a vision that may provide a long term solution for us and for the THE HARBOUR CONDOMINIUM ASSOCIATION, INC. . . W ayne Wells February 10,2008 Page 3 of3 City, and we embrace such a dialogue and process. Thank you for considering our sincere and honest request to deny both the variance requests of Legg Mason and the Shoppes of Sand Key rezoning proposals, neither of which we believe serves the best interests of Sand Key residents or the City of Clearwater. Yours Very Truly, ~"',~ Michae~ovak, President The Harbour Condominium Association, Inc. cc: Mayor Frank Hibbard John Doran, Vice Mayor Bill Home, City Manager Michael T. Dooley, President of Sand Key Civic Association THE HARBOUR CONDOMINIUM ASSOCIATION, INC. . , . . Page 1 of2 Wells, Wayne From: Delk, Michael Sent: Tuesday, February 12, 200810:15 AM To: Wells, Wayne Cc: Clayton, Gina Subject: FW: Opposition to Legg Mason's Requests for Variances to Build Hotel on Sand Key FYI. Michael L. Delk, AICP Planning Director City of Clearwater, Florida myclearwater.com -----Original Message----- From: Horne, William Sent: Tuesday, February 12, 2008 9:55 AM To: Delk, Michael; Silverboard, Jill Subject: FW: Opposition to Legg Mason's Requests for Variances to Build Hotel on Sand Key Bill Horne, ICMA-CM City Manager Clearwater, FL (727) 562-4046 -----Original Message----- From: Manni, Diane Sent: Tuesday, February 12, 2008 9:22 AM To: Akin, Pam; Cretekos, George; Doran, John; Gibson, Paul; Goudeau, Cyndie; Hibbard, Frank; Manni, Diane; Petersen, Carlen; Reporter; Wagenfohr, Carl; Wills, Anne Cc: Horne, William Subject: FW: Opposition to Legg Mason's Requests for Variances to Build Hotel on Sand Key -----Original Message----- From: Doran, John Sent: Monday, February 11, 2008 3:03 PM To: Manni, Diane Subject: FW: Opposition to Legg Mason's Requests for Variances to Build Hotel on Sand Key -----Original Message----- From: Cynthia Remley [mailto:cremley@verizon.net] Sent: Monday, February 11, 2008 1:26 PM To: Doran, John Cc: 'Mike Novak' 2/1212008 . , . . Page 2 of2 Subject: FW: Opposition to Legg Mason's Requests for Variances to Build Hotel on Sand Key Dear Mr. Doran: On behalf of Mike Novak, President of The Harbour Condominium Association, the attached letter is respectfully submitted. Thank you for your consideration. Cynthia L. Remley THE HARBOUR 1591 Gulf Boulevard, Penthouse 2 Clearwater, Florida 33767-2997 e-mail: cremley:@yerizon.net From: Cynthia Remley [mailto:cremley@verizon.net] Sent: Monday, February 11, 2008 1:23 PM To: 'Sherry.Watkins@myclearwater.com' Cc: 'Mike Novak' Subject: FW: Opposition to Legg Mason's Requests for Variances to Build Hotel on Sand Key Dear Ms. Watkins: On behalf of Mike Novak, President of The Harbour Condominium Association, the attached letter is respectfully submitted for distribution to all members of the Clearwater Community Development Board, the City Manager, the assistant City Manager, and the Director of Planning. Thank you for your assistance. Cynthia L. Remley THE HARBOUR 1591 Gulf Boulevard, Penthouse 2 Clearwater, Florida 33767-2997 e-mail: cremley@verizon.net From: Cynthia Remley [mailto:cremley@verizon.net] Sent: Monday, February 11, 2008 1:17 PM To: 'wayne.wells@myclearwater.com' Cc: 'Mike Novak' Subject: Opposition to Legg Mason's for Variances to Build Hotel on Sand Key Dear Mr. Wells: On behalf of Mike Novak, President of The Harbour Condominium Association, the attached letter is respectfully submitted. Cynthia L. Remley THE HARBOUR 1591 Gulf Boulevard, Penthouse 2 Clearwater, Florida 33767-2997 e-mail: GI(;:mley@y~rizon,n~t 2/12/2008 . e Page 1 of 1 Wells, Wayne From: Wells, Wayne Sent: Monday, February 11, 2008 3:01 PM To: 'Cynthia Remley' Cc: 'Mike Novak'; 'richard@rjha.net' Subject: Opposition to Legg Mason's for Variances to Build Hotel on Sand Key Ms. Remley - Thank you for your letter expressing your Condominium concerns. This application for the hotel is currently incomplete. Once the application is determined complete, then this letter will be submitted to the Community Development Board (COB) along with all other application material for their consideration at the scheduled COB meeting (meeting date not yet determined). Should you have any additional questions, you may call (727-562- 4504) or email me. Wayne Wells -----Original Message--m From: Cynthia Remley [mailto:cremley@verizon.net] Sent: Monday, February 11, 2008 1:17 PM To: Wells, Wayne Cc: 'Mike Novak' Subject: Opposition to Legg Mason's for Variances to Build Hotel on Sand Key Dear Mr. Wells: On behalf of Mike Novak, President of The Harbour Condominium Association, the attached letter is respectfully submitted. Cynthia L. Remley THE HARBOUR 1591 Gulf Boulevard, Penthouse 2 Clearwater, Florida 33767-2997 e-mail :gI~ml~y@Y~rizQILn~t 2/11/2008 . . Page 1 of 1 Wells, Wayne From: Cynthia Remley [cremley@verizon.net] Sent: Monday, February 11,2008 1:17 PM To: Wells, Wayne Cc: 'Mike Novak' Subject: Opposition to Legg Mason's for Variances to Build Hotel on Sand Key Dear Mr. Wells: On behalf of Mike Novak, President of The Harbour Condominium Association, the attached letter is respectfully submitted. Cynthia L. Remley THE HARBOUR 1591 Gulf Boulevard, Penthouse 2 Clearwater, Florida 33767-2997 e-mail: ~n~ID1~~veriZ_Qn,J)~t 2/1112008 . . THE HARBOUR CONDOMINIUM ASSOCIATION, INC. 1581 - 1591 Gulf Boulevard Clearwater, Florida 33767 February 10,2008 SENT VIA EMAIL To Wayne. Wells@myclearwater.com and REGULAR UNITED STATES MAIL Wayne Wells Planner for The Clearwater Community Development Board 112 S. Osceola Ave., Third Floor Clearwater, FL 33756, Re: Opposition to Legg Mason's Proposal to Build the Cabana Club Hotel; Opposition to T Zone Request for the Shoppes of Sand Key Dear Mr. Wells: As the President of the Harbour Condominium Association, I am submitting this letter to advise the Clearwater Development Board that our association is strongly opposed to Legg Mason's proposal to build the Cabana Club Hotel, which is not in the best interest of the City of Clearwater or the City's citizens and residents of Sand Key. Many members of our Harbour Condominium Association and I attended a February 4, 2008 presentation by Legg Mason regarding their proposal for redeveloping the Cabana Club restaurant property. It is our understanding that Legg Mason is the current lessee of this restaurant property who on February 1,2008 filed its site plan to tear down the existing restaurant and build a hotel, restaurant and 10 Cabanas on the beach. In order to build this hotel a request has been submitted for at least two variances: the first to increase the vertical height from 25 feet to 65 feet above the flood stage; and the second to decrease the setback from 10 feet to 5 feet. Reportedly this will "only be a six-floor 38 room hotel" but from the architect's drawing it is apparent that by the time the structure incorporates another floor for a garage and additional height required for the flood stage, the hotel structure will nearly reach to the 12 story height of the neighboring Dan's Island condominium. If the application is deemed complete Legg Mason's requests will be heard on April 15, 2008. Contrary to Legg Mason's claim that a 5 star hotel will increase surrounding property values, the value of surrounding properties will be significantly reduced. This loss of value will undermine Clearwater's tax base because this is a residential neighborhood, not a tourist zone, and the hotel will impose tourists upon us who will not respect the needs of the residents. Legg Mason's hotel structure will adversely effect the view corridor of no less than five condominium buildings. In 2000, our attorney, Tim Johnson, for the SOB (Stop Over Building) Sand Key Committee submitted an expert's report indicating that the value of condominium units in the same five surrounding buildings would be decreased by an aggregate of $5,000,000 if a similar structure was allowed on the exact same location that Legg Mason now proposes for its hotel. . . Wayne Wells February 10,2008 Page 2 of 3 That decline in property value was based upon the year 2000 property values, which have skyrocketed since then. The City wisely declined the request in 2000, and we request that the City now do the same and deny Legg Mason's current variance requests. In addition, I must make you aware of another manner in which Legg Mason's hotel proposal will adversely impact our residential neighborhood, our environment and, directly and without our consent, impose upon the Harbour Condominium Association significant liability risks. Legg Mason also stated its intentions to use a ferryboat to transport Belleview Biltmore and Cabana Club Hotel guests back and forth over the intra-coastal waters and down a narrow canal bordered by the private marinas of the Isle of Sand Key and Marina Del Rey to the private marina of the Harbour Condominiums, where Legg Mason has an easement across our property. In order to pick-up and drop off such guests, they intend to substantially expand the use of their easement for docking space at our marina and increase the flow of foot traffic across the residential property of the Harbour South Condominium owners. In order to access the nearest crosswalk over Gulf Boulevard to the Cabana Club property, these tourist-guests of Legg Mason must walk across our private docks and sidewalk right next to our swimming pool, which will invade the peace and privacy of our residents. This unwanted intrusion upon our residential property will not be minor or infrequent because the Belleview Biltmore will have a combined total of almost 500 guest rooms, and their plan is to heavily promote convention business. The Harbour Condominium Marina is a private and residential dock, not a commercial ferry boat dock. We do not need a constant flow of tourists tromping across our property, especially after having a few cocktails at sunset, because the potential liability is too great with respect to their falling or having an accident on our very narrow walkway along the dock at our seawall. Another concern is that the proposed Cabana Club Hotel garage will only hold 6 I vehicles. In response to the Cabana Club Condominium residents' expressed concerns that the increased traffic will have to use a driveway that is shared with the Cabana Club Condominium, Legg Mason claimed that it will bus in all employees needed for both the restaurant and the hotel. Sand Key residents are concerned that Legg Mason's claim that it will bus-in employees will either not be implemented or continued because of high skepticism that this approach is not practical or convenient for the employees or for the bottom-line of their employer. We all recognize that change is inevitable, that property owners have the right to develop their property, and that those rights must be balanced against the rights of Clearwater constituents who live on Sand Key and contribute a substantial amount to Clearwater's tax base. Sand Key residents are becoming more and more frustrated about not having control over their precious environment. This is why our association also supports the SOS Sand Key Committee's request for denial of Marriott's Tourist Zone application for the property on which the Shoppes of Sand Key are located. Both the Legg Mason request for a hotel variance and the Marriott request for the Shoppes of Sand Key will change the entire complexion of our Sand Key community. What we do encourage and strongly support is a dialogue with the City about a new process that will empower Sand Key residents to have a say in what occurs in their community and to have a process that may make your difficult jobs easier. We have met with and heard from JoEllen Farnham about a vision that may provide a long term solution for us and for the THE HARBOUR CONDOMINlUM ASSOCIA TION, INC. . . W ayne Wells February 10, 2008 Page 3 of3 City, and we embrace such a dialogue and process. Thank you for considering our sincere and honest request to deny both the variance requests of Legg Mason and the Shoppes of Sand Key rezoning proposals, neither of which we believe serves the best interests of Sand Key residents or the City of Clearwater. Yours Very Truly, ~:;~ The Harbour Condominium Association, Inc. cc: Mayor Frank Hibbard John Doran, Vice Mayor Bill Home, City Manager Michael T. Dooley, President of Sand Key Civic Association THE HARBOUR CONDOMINIUM ASSOCIATION, INC. I . . . Wells, Wayne From: Sent: To: Subject: Wells, Wayne Monday, February 11, 2008 9:27 AM 'Presslnc@aol.com' Pressman: Cabana Club on Sand key Todd - 1. I believe you mean "complete" versus "sufficient". The latest day to become complete and stay on track schedule-wise is February 14th. Check with me on the 15th. 2. I cannot promise to notify you. We send notices by Code to all surrounding property owners within 200 feet (many times it is a greater distance). Keep in touch with me regarding the application status. 3. Once the application is deemed complete, then it will be known as to how many reductions, increases and deviations are necessary. Wayne -----Original Message----- From: 7278041760 [mailto:pressinc@aol.com] Sent: Wednesday, February 06, 2008 12:14 PM To: Wells, Wayne Subject: RE: Pressman: Cabana Club on Sand key Thanks wayne. What is the file compliance date so we know if it sufficent? I'd like to be noticed on things as officially called for - working on the citizen side of things and in conjunction with other citizens affected. Thanks. P.S. How many variances requested? -----Original Message----- From: <Wayne.Wells@myClearwater.com> Sent: Wednesday, February 06, 2008 10:59 AM To: Presslnc@aol.com <Presslnc@aol.com> Cc: michael.delk@MyClearwater.com <michael.delk@MyClearwater.com> Subject: Pressman: Cabana Club on Sand key Todd - Yes, an application was filed on February 1, 2008 (Case No. FLD2008-02002). I am the case planner. The case is currently incomplete, but could become complete to stay on the following schedule. Once the application is found to be complete within the allotted time frame, it would be scheduled for the March 6, 2008, DRC meeting, and assuming it is found sufficient, scheduled for the April 15, 2008, CDB meeting. You may direct letters, petitions and emails to me. I will make sure the CDB gets such. I also forward such to the applicant so they are aware. PS: Michael Delk's email address is michael.delk@myclearwater.com. Revise your email address book. Wayne -----Original Message----- From: Presslnc@aol.com [mailto:Presslnc@aol.com] Sent: Tuesday, February 05, 2008 11:37 PM To: mike.delk@myclearwater.com; Wells, Wayne Subject: Pressman: cabana Club on Sand key I am told that the application for this site has been filed. 1 .0 . . . May I please double check the meeting dates to be sure I have a current list and may I ask who and where letters, petitions and e-mails should be officially directed to? Thank you. Todd Pressman, President, Pressman & Assoc., Inc. 28870 U.S. Highway 19, N., #300 Clearwater, FL 33761 Cell, 727-804-1760. Ofc. 727-726-8683. Fx. 727-669-8114. Alt. Fx. 727-725-2933 Who's never won? Biggest Grammy Award surprises of all time on AOL <http://music.aol.com/grammys/pictures/never-won-a-grammy?NCID=aolcmp00300000002548> Music. 2 e e Page 1 of2 Wells, Wayne From: Wells, Wayne Sent: Friday, February 08, 2008 2:09 PM To: 'PhyllisZeno@aol.com' Cc: 'richard@rjha.net' Subject: Cabana Club Hotel Ms. Zeno - Thank you for your emaillisting your concerns on this project. If and when this project is scheduled for review and decision by the Community Development Board (COB), your email will be included in the application package sent to the COB for their consideration. Wayne -----Original Message---n From: PhyllisZeno@aol.com [mailto:PhyllisZeno@aol.com] Sent: Thursday, February 07, 2008 11:57 AM To: Wells, Wayne Subject: Cabana Club Hotel Mr. Wayne Wells: I am vice president of the Board of the Cabana Club as well as editor of Beach Talk Magazine. As the owner of a three bedroom condo at the south end of Building II, I am highly opposed to the Belleview Biltmore's current plans to buld a seven story hotel within 30 feet of our building. Sand Key is a residential area, not designed to accommodate multiple hotels. Since the new hotel would share a driveway with my building, the additional traffic would be unbearable, to say nothing of the discomfort of 14 months of construction. Add to that the loss of view from all of the rooms in my unit would diminish the value of my condo. The builder is asking for a change in variance that would allow them to double the allowed height of 25 feet to double that as well as encroach on the side variance. I am asking that you deny them this privilege and protect our rights as homeowners. The additional overload on our sewers, water supply and traffic conditions are reason enough to deny this proposed plan. Add to that the evacuation problems in the event of a hurricane and the endangerment of lives, and you will see the wisdom of limiting their plans. If they wish to improve the existing restaurant and even add an extension of to accommodate a waterfront spa would be acceptable, but surely 38 rooms could not increase their income to the extent of inconveniencing all of the current home owners. Thank you for your consideration. Sincerely, Phyllis W. Zeno Vice President, Cabana Club Board of Directors Editor/Publisher Beach Talk Magazine 2/8/2008 e e Page 1 of 1 Wells, Wayne From: PhyllisZeno@aol.com Sent: Thursday, February 07,2008 11 :57 AM To: Wells, Wayne Subject: Cabana Club Hotel Mr. Wayne Wells: I am vice president of the Board of the Cabana Club as well as editor of Beach Talk Magazine. As the owner of a three bedroom condo at the south end of Building II, I am highly opposed to the Belleview Biltmore's current plans to buld a seven story hotel within 30 feet of our building. Sand Key is a residential area, not designed to accommodate multiple hotels. Since the new hotel would share a driveway with my building, the additional traffic would be unbearable, to say nothing of the discomfort of 14 months of construction. Add to that the loss of view from all of the rooms in my unit would diminish the value of my condo. The builder is asking for a change in variance that would allow them to double the allowed height of 25 feet to double that as well as encroach on the side variance. I am asking that you deny them this privilege and protect our rights as homeowners. The additional overload on our sewers, water supply and traffic conditions are reason enough to deny this proposed plan. Add to that the evacuation problems in the event of a hurricane and the endangerment of lives, and you will see the wisdom of limiting their plans. If they wish to improve the existing restaurant and even add an extension of to accommodate a waterfront spa would be acceptable, but surely 38 rooms could not increase their income to the extent of inconveniencing all of the current home owners. Thank you for your consideration. Sincerely, Phyllis W. Zeno Vice President, Cabana Club Board of Directors Editor/Publisher Beach Talk Magazine Who's never won?Sigg~~LQr?l!lmY_AlJ\/flr<:l~l,lmri~~~QL9UJime on~f\OL MI,l~i~. 2/8/2008