1988-1992 CORRESPONDENCE ULTIMA III SAND KEY
1988 - 1992
CORRESPONDENCE
UL TIMA III
SAND KEY
Y. H. LEE ASSOCIATES, Architects
3,0 1IIIeenlh )lfCd, O,ll.land, CA 9-1612 (510) 816-66SH I ,'i- (5 10) H J() (i6Si)
September 17, 1992
MI, Ted Clm ke, Planner II
Planmng & Development Depm tment
City of Clem water
10 South MissoUl i A venue
Clearwater, FlOllda 34616-4748
RECEIVED
SEP 1 8 l~jL
Re: Ultimar Three
Clearwater, Florida
PLANNING &
DEVELOPtAENT DEPT.
Dear Mr Clarke:
As a follow-up of my letter to you of August 12, 1992, we have enclosed wIth this letter
the relevant graphic to Illustrate the design mtent of lOof top design element of Phase III
and ItS relatIonship to Phase I and II
The design and the height of Phase III roof top element is different flOm that of the Phase I
and 11 fOt two essential reasons
1. The Phase I and II blllldmgs leflect the same plOtotype buIldmg plan with slight
differences in their lobby and penthouse floors With the exception of 4 additlOnal
flOOlS, the appemance of Phase II IS m most lespects slmllm to Phase I (with identIcal
exterior ten aces, window pattems and vertIcal roof top elements) Howevel, Phase III
IS an entIrely dlffelent blllldmg With completely new floor plans and clrculatlOn
condItions, thIS bUIlding reqlllres sigmflcant changes to ItS exteIIOl appearance, As a
consequence It also reqUires a new and dIfferent deSign response to the roof top
element, reflec~mg the dlffelent plan and cIrculatIon condItIons of Phase III.
2. As Illustrated m the SIte plan, the Phase I and II blllldmgs are baSIcally oriented at the
llght angles to the Beach proJectmg theIr relatIvely nanow ends toward Gulf
Boulevard. HoweveI, the Phase III bUlldmg m consequence of both site and program
conslderatlOns must be oriented parallel to the Beach thereby proJectmg a WIder
frontage toward Gulf Boulevmd As a result of thIS contlastmg Width between
buildmg elevations of the adjacent phases, the lOof top element of Phase III has been
mCleased to mamtam SImIlar plOportlon With the establIshed sequence of the earlier .
UltImar Phases, As can be seen from accompanymg exhIbIt 'A', thIS lelatlOnshlp has
been achIeved with only two of the smaller elements of the Phase III rooftop
exceedmg the dImensIonal height of adjacent Phase II blllldmg
/ '"",
--
Ml Ted Clarke, Planner
Ultimar Three, Clearwater
September 17, 1992
Page 2 of 2
Weare very pleased with the design outcome of Phase III, and we are very confident that
it will conttibute positively to the built envilOnment and the skylIne of the City If you
have any question legaJdmg the design concepts of thIs bmldmg, please don't hesitate to
call me to clanfy.
S incerel y ,
1M
~
CC: Mr. Ted Cobb
JOHNSON, BLAKELY, POPE, BOKOR. RUPPEL & BURNS. R A.
ATTORNEYS AND COUNSELLORS AT LAW
E D ARMSTRONG III
BARBARA A BACCARI
BRUCE W BARNES
JOHN T BLAKELY
BRUCE H BOKOR
GUY M BURNS
MICHAEL T CRONIN
ELIZABETH J DANIELS
LISA B DODGE
BRIAN BEVANS
MARION HALE
REBECCA HENSON HUDOBA
SCOTT C ILGENFRITZ
FRANK R JAKES
TIMOTHY A JOHNSON JR
SHARON E KRICK
JOHN R LAWSON
JAMES G LEWIS
MICHAEL G LITTLE
MARIA MAISTRELLlS
MICHAEL C MARKHAM
DANIEL L MOODY
DAVID J OTTINGER
F WALLACE POPE JR
DARRYL R RICHARDS
DENNIS G RUPPEL'
CHARLES A SAMARKOS
JOHN A SCHAEFER
BETH ANN SCHARRER
PHILIP M SHASTEEN
CHARLES M T A TELBAUM
GLEE A TRIPLETT
JOAN M VECCHIOLl
MICHAEL T WILLIAMS
ANTHONY P ZINGE
. OF COUNSEL
PLEASE REPLY TO CLEARWATER
FILE NO
<""
September 30,
1992
30874.83474
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Mr. Michael Wright
City Manager
City of Clearwater
P.o. Box 4748
Clearwater, Florida
Of: /' tJs'
34618-4748
PI ji ",'\'1"/',
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DEPAR [MENT
Re: Ultimar III
Dear Mike:
I hereby request that the issues of the swimming pool
construction and height of Ultimar III be submitted to the City
Commission for its review at its meeting on October 16, 1992.
This request is without prejudice to any rights enjoyed by this
project under the Settlement Stipulation but, rather, is made in
an effort to resolve this matter without returning to court.
~Y--frUiy yours,
/~
~imothY A. Johnson,
Jr.
TAJ/lm
911/TAJ/30874LELl
83474
cc: Mr. Ted Cobb
Mr. James Po1atty
CLEARWATER OFFICE
911 CHESTNUT STREET
POST OFFICE BOX 1368
CLEARWATER FLORIDA 34617-1368
TELEPHONE (813) 461 1818
TELECOPIER (813) 441-8617
TAMPA OFACE
100 NORTH TAMPA STREET
SUITE 1800
POST OFFICE BOX 1100
TAMPA, FLORIDA 33601-1100
TELEPHONE (813) 225 2500
TELECOPIER (813) 223 7118
,..--
s
Sea Towers
ConstructIOn Company, Inc
September 3, 1992
Mr. Don Meerians
City of Clearwater
Traffic Engineer1ng Dept.
10 South Missouri Avenue
Clearwater, FL 34616-4748
RE: Ultimar Three
1560 Gulf Boulevard
Clearwater, Florida
SUBJECT:
Response to Development Review Committee Request Dated July 23, 1992
Dear Mr. Meerians:
Enclosed are sheets A2. OP and A3. OP for your review and approval in accordance with
condition 7 of Item #1 of the Development Review Committee meeting minutes dated
July 23, 1992, a copy of which is enclosed. Please call me at 595-8915 to clarify
any questions you may have during your review of these plans.
~
Steve Baumann
Architect
SB/dk
Enclosure
1560 Gulf Boulevard - Clearwater, Flonda 34630 - 813-595-8915 - 595-8928 FAX
LAW OFFICES
M';;MULLEN. EVERETT, LOGAN, MAROUARDT & CLINE, P A
FIRST NATIONAL BANK BUILDING
400 CLEVELAND STREET CLEARWATER FLORIDA 34615
POBOX 1669
JOHN TWEED M<MULLEN
FRANK C LOGAN
EMIL C MAROUARDT JR
HARRY S CLINE
J PAUL RAYMOND
JAMES A MARTIN JR
STEPHEN 0 COLE
MARGOT PEQUIGNOT
R NATHAN HIGHTOWER
ROBERT C DICKINSON III
THOMAS C NASH II
NANCY 5 PAIKOFF
MARIE L DtMARCO
T SHEA GILLS
CLEARWATER FLORIDA 34617
(813) 441-8966
FAX (813) 442-8470
OF" COUNSEL
JOE S EVERETT
WILLIAM E NODINE
PALM HARBOR OFFICE
IBI3) 7854402
33920 HWY 19 NORTH
SUITE 150
PALM HARBOR FL 34684
.'
August 27, 1992
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Mr. James M. Polatty, Jr., AICP
Director of Planning and Development
City of Clearwater
Post Office Box 4748
Clearwater, FL 34618-4748
n,'\i'I;,j)'l1
DEPAHTi\lENT
..
Re: Proposed Ultimar III Condominium site plan
View Corridor / Your letter dated 8/24/92
to developer's attorney
Dear Jim:
Thank you very much for copying me with the referenced
letter. I appreciate being advised, and trust that you will
continue to do so. Specifically, if at any time the City should
consider modifying its position as outlined in your letter, we
certainly want to have an opportunity to be invol ved in that
decision and process, on behalf of our clients residing in the
condominiums across the street.
As always, thank you for your assistance.
With best regards, I am
Sincerely yours,
~~L(!~/~
HSC:koh
cc: The Harbor Condominium
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Sea Towers
ConstructIOn Company, Inc
VIA FAX AND u.s. MAIL
August 13, 1992
Mr. Louis R. Hilton
Planner II
City of Clearwater
P. O. Box 4748
Clearwater, FL 34618-4748
RE: Ultimar Condominium Project
Sand Key, Clearwater
Dear Lou:
We are in receipt of a copy of a letter to the City of Clearwater
from Mr. Harry S. Cline dated August 7, 1992 regarding Ultimar
Three. We are currently finalizing our plans for Ultimar Three to
comply with the conditions of approval of the site plan as set forth
in the city's letter to King Engineering Associates, Inc. dated
July 23, 1992. At this time, however, it is necessary that we
advise you of our objections to Mr. Cline's allegations regarding
the roof-top lighting of Ultimar One and Ultimar Two. In the first
place, we find these allegations to be irrelevant with respect to
the des~gn of Ultimar Three. Secondly and more importantly, these
allegations are inaccurate and misleading.
We would like to clarify the circumstances regarding the roof-top
lighting for Ultimar One and Ultimar Two as follows:
1. The original design of the roof-top lighting for Ultimar One
consisted of: (i) seven (7) li0hts mounted on each side of
the flat roof deck shining up on the vertical elements above
the roof, (ii) four (4) lights mounted on each side of the
elevator machine room roofs shining up on the vertical
elements above, and (iii) six (6) lights mounted above the
flat roof deck shining horizontally through the various
openings in the vertical elements.
2. In January/February of 1991 shortly after completion of
construction of Ultimar One, complaints were received from the
neighboring condominiums regarding the lighting. In response,
the lights shining horizontally through the openings of the
vertical elements were eliminateg. leaving only the up
lighting. No further complaints 'were received after this
modification was accomplished.
1560 Gulf Boulevard - Clearwater, Flonda 34630 - 813-595-8915 - 595-8928 FAX
.... ~......
Mr. Hilton
Page 2
August 13, 1992
3. In November, 1991 while on site, Mr. Yui Hay Lee (project
architect from Oakland, California) proposed an additional
change to the roof-top lighting for Ultimar One and Ultimar
Two, which was still under construction at that time. Even
though we had received no further complaints about our
lighting, Mr. Lee proposed to replace the previously specified
metal halide light fixtures (which cast a bright, white light)
wi th sodium light fixtures (which cast a warmer, softer
light). This change was completed in Ultimar One in January,
1992 and the same improvement was later implemented in Ultimar
Two.
In conclusion and contrary to Mr. Cline's opinion, we believe that
the roof-top lighting of Ul timar One and Ul timar Two is an
aesthetically pleasing addition to the Sand Key skyline. We would
be pleased to answer any further questions you may have regarding
the lighting and we look forward to the final certification of the
site plan for Ultimar Three in the near future.
Sincerely,
~~
Ted Cobb, President
TC/dk
cc: Mr. Yui Hay Lee, AlA
Mr. Tim Johnson
, '.k<' CITY OF CLEARWATER
Cd(,;,r / INTER..()FfICE COMMUNICATION
~ DATE CL.:J. ~~ 1990
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OF CLEARWATER
POST OFFICE BOX 4748
C LEA R W ATE R. F LOR IDA 3 4 6 1 8 - 4 7 4 8
PLANNING AND DEVEWPMENT
VIA HAND DELIVERY
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June 25, 1990
James H. Slumberg, Jr.
Holland & Knight Law Offices
400 North Ashley
PO. Box 1288
Tampa, Florida 33601
Dear Mr. Shimberg'
I am responding to your letter daled June 22, 1990 requesting a vested rights determination for the property
described m the Final Judgment and SeUlement Stipulation dated October 17, 1986.
The subject properly is vested pursuant to Section 137.074(1)(h) of the City of Clearwater Vested Rights
Ordinance No. 4983-90 and therefore exempt from having to provide a traffic impact study as it is not required
pursuant to Section 136.028(8)(f) of the Traffic Impact Study Ordinance No. 4980-90.
Parcel I of the subject property is exempt from the requirements of the City of Clearwater Comprehensive Plan
only to the extent slipulated in the final judgment order stated above. The project plans must be reviewed by the
City of Clearwaler Planning and Development Department and all other appropriate city departments before
bUlkling per mils are issued to ensure aU development requirements are met.
As slaled in Hem 10. of the Slinulalion For Entrv Of Amended Final Judgment. "Plaintiffs shall be entitled to
develop an addilional 80 residenlial dwelling units on Parcel I, or a total of one hundred forty-four (144)
residenlial dwelling unils. The development of Parcel I shall be in substantial accordance with any of the alternate
schemalic site plans prepared by Communily Design Corp. and dated August 28, 1986, which are attached hereto
as Exlllblls "A-1" through" A-3" and hereby incorporated by reference. Plaintiffs shall not be restricted to utilizing
lhe existing foundalion for the construclion of tbe additional eighty (80) units permitted pursuant to this
Selllement Stipulalion".
ExhIbit" A" Parcel I Se-hematic Site Plan 1 noles: "The multi-level building envelope will contain a maximum
of 80 residential dwelling unils to be constructed on the existing foundation and with a building height and
footprint substantially the same as the existing condominium".
Hem 25. of the Slipulalion also stales: "The development rights agreed to herein shall remain in full force and
effect for a period of twenly (20) years, and thereafter the City of Clearwater shall be free to regulate the use
of the four parcels wilhout limitation as a result of the final judgement entered in this cause in this Settlement
SlIpulalton" .
QO. L= q u n I E In P I 0 Y men I 8 n d A IJ i r m 8 tl v e A c lion Em p I 0 Y e r"
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Mr. James H Shimberg, Jr.
June 25, 1990
Page 2
The Stipulation is in full force and effect, and has not been appealed, amended or otherwise modified, and the
Stipulation runs with the land in favor of a prospective purchaser of the Property. To the extent this Stipulation
applies to the property, vested rights likewise pertain to the Property.
If I can be of further assistance, please contact me at 462-6880.
Sincerely, r
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Jo ~ M. PolaUy, J.., Ale ~" 0'
D~ or, Planning and Development
JMP/lrh
cc: Michael Wright, Assistant City Manager/Community Services
M. A. Galbraith, Jr., Esq.
~coU Shuford, Planning Manager
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F A X
M E S SAG E
CITY OF CLEARWATER
PUBLIC WORKS DEPARTMENT/ENGINEERING
SENDING LOCATION FAX NUMBER: (813) 462-6641
OFFICE TELEPHONE NUMBER: (813) 462-6970
TO: \V~ 6~+z-
LOCATION: Sn ~
FAX NUMBER: 7 r 7 - If :) ~ Lf
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MESSAGE:
NUMBER OF PAGES THIS MESSAGE (INCLUDING THIS COVER PAGE) ~~
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C I T Y
OF
CI..EARWATER
POST OFFICE BOX 4748
C LEA R W ATE R, F LOR IDA 3 4 6 1 8 . 4 7 4 8
OHlce of
City Attorney
(813) 462-6760
June 29, 1990
Mr. James w. Oberdorfer
Director of Development
The Cedarwood companies
1765 Merriman Road
Akron, Ohio 44313
COpy VIA FAX TO 216-864-8094
Dear Mr. Oberdorfer:
In response to your request, the property on Sand Key known as 1551
Gulf Boulevard is a portion of the tract known as "parcel I" in the
settlement stipulation referred to in your letter. The development
of the property is subj ect to the terms and conditions of the
settlement stipulation.
The settlement stipulation was made part of the circuit court's
final judgment, which was entered by consent and was not appealed.
The stipulation is still in effect, runs with the land, and is
binding upon successors in title and interest.
On June 25, 1990, the Director of Planning and Development
determined that the property is deemed vested from the requirements
of the city's comprehensive plan, to the extent set forth in the
stipulation, and is exempt from the traffic impact study ordinance
of the city. project plans must be reviewed by the planning and
Development Department and other appropriate departments prior to
issuance of a building permit in order to determine that all
applicable development requirements are met.
\
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M. A. Galbrait
city Attorney
MAG:a
copy:
James A. polatty, Jr., Director
of Planning and Development
'Equal Employment and Affirmative Action Employer"
."
PLANNING & URBAN
DEVELOPMENT
May 23, 1988
Mr. James Oberdorfer
Cedarwood Companies
1765 Merriman Road
Akron, OH 44313
RE: Planning & Zoning Minutes
August 4, 1987
Marina Facility - Sand Key
Dear Mr. Oberdorfer:
In accordance with your request, enclosed is an excerpt of the minutes of the
Planning & Zoning Board Meeting of August 4, 1987, where the Board approved
the construction of a marina.
If you require further information, please contact me.
Sincerely,
f!:::::.y ~
Planning Director
813--462-6880
PH/jm
Enclosure
Minutes of the Planning and Zoning Board - August 4, 1987
Page -4-
Mr. Bill Jansen, President of Docks, Inc., representative of applicant, stated
applicant wants to change the boat slip from a wet slip to a dry slip. He
stated four pilings will be driven into the water at the existing slip to
install a hoist to lift a boat out of the water.
No persons appeared in support of or in opposition to the above request.
Motion was made by Mr. Hogan, seconded by Ms. Nash, to approve the above
request subject to the construction permit being issued within 6 months of
approval of the conditional use. Motion carried unanimously (5 to 0).
4. M&B 33.03, Sec. 20-29S-15E
(1201 Gulf Boulevard)
Anthony Petrarca/James W. Oberdorfer
CU 87-61
Request - Construction of 78-Slip Marina
Zoned - AL/C (Aquatic Lands/Coastal)
Ms. Harvey advised this request for conditional use is for II marina in the
Business (B) zoning district located on Sand Key, specifically for approval of
a 78-slip marina including refueling and pump out [acillties. She also advised
the governing sections of the Land Development Code are Sections 136.025(b)
and (c)(18). She further advised the Trllffic EJlgineer, Building Department,
Harbormaster, and Environmental Coordinator all reviewed the conditional use
request and had no objection.
Ms. Harvey stated, though the request appears simple on face value, other
matters need to be considered in reviewing the request and she provided
background information. Ms. Harvey stated this property is part of a
settlement stipulation with the City of Clearwater which provided for specific
development for the upland property adjacent to the marina that would
accommodate up to 220 motels rooms and 85,000 square feet of commercial area.
She also stated a site plan, which has not been formally reviewed by the City,
has been provided with the application which appears to be close to what will
be required for the site. She further stated that during settlement
negotiations there was conversation regarding a proposed marina but City staff
felt it would not be appropriate to include a marina in the settlement since
several other approving authorities would be required. She stated the former
property owner was advised that the City would not object to a marina unless
there was particular violation of any local ordinance. Ms. Harvey advised
that, in terms of the concept of the marina, the City is in support and
willing to help applicant through the process.
Ms. Harvey provided information to the Board concerning Developments of
Regional Impact (DRI). She stated a DRI is governed by the State with review
process at the local, county and regional levels with ultimate review by the
Department of Community Affairs. She stated certain requirements need to be
met to qualify as a DRI, such as number of rooms, parking spaces, boat slips,
square footage, etc. She also stated that the subject project, as far as the
upland property and the commercial site are concerned, is not a DRI in the
City's opinion because the project is covered by Court Order which was amended
Minutes of the Planning and Zoning Board - August 4, 1987
Page -5-
through Settlement Stipulation. She advised since the marina and the proposed
development are considered a mixed use, which exceeds the threshold of a DRI,
the project would appear to be a DRI. She also advised the applicant has
several options as follows for having a determination made as to whether or
not the project is a DRI and if development approval is required: 1) Request a
binding letter from the Department of Community Affairs who makes the
determination as to whether the project has the status of a DRI; 2) Request a
letter of vested rights which we would assume to exist on the upland property
and whether or not those vested rights would be sufficient to allow applicant
to proceed with the marina on its own not being considered a DRI; or 3) Make
full application for development approval with the subsequent issuance of the
development order by the City of Clearwater for the applicant to proceed.
Ms. Harvey stated staff had no objection to a marina at the subject site but
since it is the marina itself that raises the question of a DRI it is
important for the applicant to have some indication from the City whether it
should proceed with the marina. She advised it would then be applicant's
responsibility to obtain all necessary permits from the State. Ms. Harvey
advised that staff recommended approval of the above request subject to the
following: 1) That determination of the DRI status of this project and
subsequent compliance with DRI regulations be completed prior to issuance of
permit; 2) That the pump out facility and fueling station be specifically
authorized by the Planning and Zoning Board as required by code; 3) That the
parking for the marina be in compliance with the Settlement Stipulation as
recorded for Parcel III, which is one space per slip; and 4) That all required
permits from the county and the state be obtained before issuance of building
permit.
Ms. Harvey advised one letter of support for the nbove request was received.
Ms. Claire Carraway, attorney for applicant, appeared requesting approval of
this conditional use. She advised the marina wilL be located at the northern
end of Sand Key in Clearwater Harbor. She also advised applicant proposes to
build a hotel, retail and restaurant development on Sand Key. She further
advised the marina will be for customers and the general public. She stated
the marina has been designed, after meeting with the D.E.R., to protect sea
grasses. She also stated applicant proposes to build a boardwalk over the sea
grasses, approximately 100 feet in length, and the marina will stretch north
to south parallel to the seawall to act as a barrier to the sea grasses. She
further stated the applicant proposes to give lidded protection to the sea
grasses by placing warning signs along the edges of sea grass bed not
protected by the marina. Ms. Carraway advised a breakwater is intended to
lessen wave action in the marina. She also advised fueling, pump out
facilities, and parking on the upland property will be provided. She further
advised that applicant has met with the Departments of Natural Resources and
Environmental Regulation and the U. S. Army Corps of Engineers and applicant
received a favorable reaction from the agencies. She stated formal
applications are being prepared for submission to the proper government
agencies and the plan for the marina is subject to change but will not have
more than 78 slips.
Minutes of the Planning and Zoning Board - August 4, 1987
Page -6-
"
The following persons appeared in support of the above request to give their
comments:
Mr. S. J. Vaccaro, advised he is in the marine business and owns Clearwater
Discount Marine. He stated more slips are needed in the area, the plan has
been accepted by government agencies, and it appears there will be no damage
to the environment.
Mr. David Martens, stated he felt there is a need for additional marinas to
serve the public as well as an attractive multiple use waterfront project such
as the project proposed by applicant.
The following person appeared in opposition to the above request to give her
comments:
Ms. Eleanor Andrews, stated this marina appeared to be very large for such a
small area of the bay. She also stated fueling and pump out facilities may be
harmful to the environment through accidents. She expressed concern about the
impact on Sand Key residents and felt increased traffic may cause problems.
After questioning by Ms. Nixon, Mr. Todd Turrell, Coastal Engineer
representing applicant, appeared and advised the marina will extend
approximately 300 feet into the water and the overall length will be
approximately 1,000 feet. He also advised applicant has worked with the
Departments of Natural Resources and Environmental Regulation to make the best
use of water and still protect sea grasses.
After questioning by Mr. Ferrell, Ms. Harvey stated a previous request for a
marina located on Clearwater Beach was approved but fueling station was denied
because of the close proximity of residences and the concern for the lack of
water flow where the marina was to be located. Ms. Harvey felt the request for
fueling and pump out facilities was appropriate due to dis tance from other
such authorized facilities.
After questioning by Mr. Hogan, Ms. Carraway advised all boat slips will be
rented on a first come, first serve basis and persons visiting the restaurant
will dock along the boardwalk.
After questioning by Mr. Ferrell, Ms. Harvey slated the I1arbormas ter reviews
the plans for all aspects of navigation and the I1arbormaster qualifies that
the project will cause no harm to navigation.
Motion was made by Mr. Hogan, seconded by Mr. Ferrell, to approve the above
request subject to the following: 1) That determination of the DRI status of
this project and subsequent compliance with DRI regulations be completed prior
to issuance of permit; 2) That the pump out facility and fueling station is
authorized; 3) That the parking for the marina be in compliance with the
Settlement Stipulation as recorded for Parcel III, which is one space per
slip; and 4) That all required permits from the county and the state be
obtained before issuance of building permit. Motion carried unanimously
(5 to 0).
,
CITY OF CLEARWATER
Interdepartment Correspondence
TO: Mayor and City Commission
FROM: Michael Wright, City Manager
SUBJECI': Radisson Hotel and Marina
COPIES: James M. Polatty, Jr., Director of Planning and Development; Scott Shuford,
Planmng Manager; Sandra E. Glatthorn, Semor Planner
DATE: July 17, 1992
The Radisson Hotel property is a part (Parcel III) of the 1986 (amended final judgement in 1987)
court settlement stipulation with the City of Clearwater and U.S. Steel/Cheezem Investment
Program I, Ltd.lLand Corporation/ Amencan Community Development which provided for
specific development allowances for this upland property that would accommodate up to 220
hotel rooms and 85,000 square feet of non-residential (commercial) floor area. As per the
settlement, the property owners have the right until the year 2006 to develop the property in
accordance with the site plans which were attached as an exhibit to the settlement. Any
modifications to these schematic drawings requires City Manager reVIew. A site plan for this
property was submitted for review by the Development Review Committee and found by the
City Manager to be in substantial accordance WIth the settlement; the site plan was subsequently
certIfied by the CIty Clerk in March 1988 (note: there have been several modifications to the
site plan before the hotel/shops were finalized). The settlement required 1 parking space per
hotel unit; 4 parking spaces per 1,000 square feet of gross leasable area for the commercial
space; and 1 space per slIp for a marma if constructed. However, the approved site plans did
not include design criteria for a marina.
On August 4, 1987, the Planning and Zoning Board approved a conditional use for a 78-slip
marina for the Radisson Hotel. ConditIOns of approval were as follows: (1) That determination
of the DR! status of this project and subsequent compliance with DR! regulations be completed
prior to issuance of permit; (2) That the pump out facility and fueling station is authorized; (3)
That the parking for the marina be m compliance with the Settlement Stipulation as recorded for
Parcel III, which is one space per slip; and (4) That all required permits from the County and
the State be obtained before issuance of building permit. In 1991, the County denied the request
for environmental reasons, however, the developer is now proposing to go back for County
review with a modified plan.
Radlsson.cc
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November 13, 1987
Mr. James W. Oberdorfer
Development Manager
The Cedarwood Companies
1765 Merrian Road
Akron, OH 44313
RE: Sand Key Parcel III
Dear Mr. Oberdorfer:
As provided for in Article 14 of the Settlement Stipulation (Circuit Civil
No. 78-4765-7), City staff has reviewed your site plan for Parcel III received
by the City on October 30, 1987. The site plan is based on Settlement
Stipulation Parcel III Schematic Site Plan I and proposes a 10-story hotel
with 220 suites, total retail of 43,400 square feet, numbers of parking spaces
as required and required total open space as defined on the above referenced
schematic site plan. Building heights will not exceed 100 feet above flood
plain elevation.
We find the site plan to be in general conformity with the provisions of the
Stipulation.
Staff has noted that future submissions of this site plan should provide more
detail as is normally required by the City. Specifically, provisions for storm
water detention on the site and dimensions of parking spaces and aisles must
be shown to assure final compliance with the requirements of the Stipulation.
Should you have any questions, please contact me or Ms. Paula Harvey, Planning
Director.
Sincerely,
Joseph R. McFate, II
Interim City Manager
cc: M. A. Galbraith, Jr., City Attorney
Paula Harvey, Planning Director