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FLD2008-07019, 473 EAST SHORE DRIVE, 475 POINSETTIA ST - December 16, 2008 CDB Meeting Date: December 16, 2008 Case Number: FLD2008-07019 Agenda Item: D2 Owner: William A. Day Living Trust Applicant: Billy Day Representative: Albert P. Carrier, Deuel and Associates Addresses: 473 East Shore Drive and 475 Poinsettia Street CITY OF CLEARWATER PLANNING DEPARTMENT STAFF REPORT GENERAL INFORMATION: REQUEST: Flexible Development approval to permit the addition of a 3,269 square foot, 10-slip dock as a marina and marina facility in conjunction with an existing 13-unit overnight accommodation use in the Tourist (T) District with an increase to the maximum length of the dock from 75 percent of the lot width (90 feet) to 207 percent of the lot width (248.6 feet), under the provisions of Sections 2-803.E, 3-601 and 3-603. CURRENT ZONING: Tourist (T) District, Marina District of Beach by Design CURRENT FUTURE LAND Resort Facilities High (RFH) Category USE CATEGORY: PROPERTY USE: Current Use:Overnight Accommodations (13 Rooms) Proposed Use: Marina Facility including 10 slips totaling 3,269 square feet (in association with an existing 13-unit overnight accommodation use) EXISTING North: Tourist (T) Duplex SURROUNDING ZONING South: Tourist (T) Overnight Accommodations AND USES: East: Preservation (P) Clearwater Harbor West: Tourist (T) Overnight Accommodations ANALYSIS: Site Location and Existing Conditions: The subject property consists of two parcels totaling 0.64 acres that are located approximately 280 feet north of the intersection of Papaya Street and East Shore Drive with one parcel on each side of East Shore Drive. The 0.27-acre parcel located at 475 Poinsettia Street contains three overnight accommodation units and 14 off-street parking spaces, and the 0.37-acre parcel located at 473 East Shore Drive contains 10 overnight accommodation units. In addition, there is a refuse enclosure and 11 on-street parking spaces within the right-of-way adjacent to 473 East Shore Drive. While the Poinsettia Street parcel is not located along the waterfront, the East Shore Drive parcel has 120 feet of waterfront frontage. Development Proposal: The development proposal includes the removal of the existing dock, lifts and tie poles and the construction of a 3,269 square foot dock and 10 slips. The 10 slips are proposed for a marina use at the existing 10-unit overnight accommodation use on the upland portion of the East Shore Drive parcel. The slips are proposed Community Development Board – December 16, 2008 FLD2008-07019 – Page 1 to accommodate six boats up to 40 feet in length and four boats up to 50 feet in length. No covered boatlifts, roof structures or vertical walls are proposed as part of this marina. No improvements to either parcel is proposed regarding the upland uses. Pursuant to CDC Section 2-803.E, marinas and marina facilities are permissible in the Tourist district through the Flexible Development approval process. The applicable review criteria for this use include a provision that all marina facilities comply with the commercial dock requirements set forth in CDC Section 3-601.C.3 as well as marina facilities requirements set forth in CDC Section 3-603. The development proposal’s compliance with the various development standards of the Community Development Code is discussed below. Minimum Lot Area / Lot Width: Pursuant to CDC Section 2-803, marinas and marina facilities are required a minimum lot area of 5,000 square feet, a minimum lot width of 50 feet. Compliance is achieved with the criteria as the parcels contain 27,907 square feet and have a lot width of 100 feet (poinsettia Street) and 120 feet (East Shore Drive). Minimum Off-Street Parking: Pursuant to CDC Section 2-803, marinas and marina facilities are required one off-street parking space per two slips. As ten slips are proposed, a total of five parking spaces are required for the marina. The aforementioned property located at 475 Poinsettia Street has three overnight accommodation units and 14 parking spaces, of which 11 are in excess to requirements. The applicant proposed to utilize five of these excess parking spaces to meet the demand of the proposed marina. As these parking spaces are within 600 feet of the marina (as per the requirements set forth in CDC Section 3-1404.A), this arrangement will meet Code, subject to a few issues being addressed prior to the sign-off on any permits for the construction of the docks. These issues are as follows: A off-site parking agreement will need to be entered into between the owners of the respective ?? properties and the City, and be recorded in the public records; While the Poinsettia Street parcel currently has 14 parking spaces, one of these is impeding traffic flow ?? and will be removed; and There is currently a business tax receipt (FKA occupational license) for a 14-space parking lot on the ?? Poinsettia Street parcel. However, as three of these parking spaces are required for the existing overnight accommodation units onsite, five will be required for the proposed dock, and one will be required to be removed as per the above condition, only five parking spaces will remain. As such, the business tax receipt will need to be amended accordingly. COMPLIANCE WITH FLEXIBILITY CRITERIA 2-803.E: The Flexibility criteria for marinas and marina facilities set forth in CDC Section 2-803.E state that the proposed marina shall not be located in any of the areas of environmental significance as identified in the Comprehensive Plan. The proposed marina is not located in any of the areas of environmental significance with the exception of its proximity to Clearwater Harbor grass beds. However, those sea grass beds were mapped prior to the dock design phase and the proposed dock has been located in a manner so as to avoid any sea grasses. There are no residentially zoned properties adjacent to the proposed dock (adjacent properties are zoned Tourist District). No commercial activities will be permitted in the leased slips; live aboard vessels will be prohibited; and no upland development is proposed. The following table depicts the consistency of the development proposal with the Flexibility criteria as per CDC Section 2-803.E (Marinas and Marina Facilities): Community Development Board – December 16, 2008 FLD2008-07019 – Page 2 Consistent Inconsistent 1 1. The parcel proposed for development is not located in areas identified in the X Comprehensive Plan as areas of environmental significance including: a. The north end of Clearwater Beach; b. Clearwater Harbor grass beds; c. Cooper's Point; d. Clearwater Harbor spoil islands; e. Sand Key Park; f. The southern edge of Alligator Lake. 2. No commercial activities other than the mooring of boats on a rental basis shall be X permitted on any parcel of land which is contiguous to a parcel of land which is designated as residential in the Zoning Atlas, unless the marina facilities are totally screened from view from the contiguous land which is designated as residential and the hours of operation of the commercial activities are limited to the time period between sunrise and sunset. 3. Setbacks: X a. The reduction in the front setback contributes to a more active and dynamic street life; b. The reduction in the front setback results in an improved design and appearance; c. The reduction in the side and rear setback does not prevent access to the rear of any building by emergency vehicles; d. The reduction in the side and rear setback results in an improved site plan, more efficient parking or improved design or appearance. 4. The design of all buildings complies with the Tourist District design guidelines in X Division 5 of Article 3. 1 5. All marina facilities shall comply with the commercial dock requirements set forth X in Section 3-601.C.3 and the marina and marina facilities requirements set forth in Section 3-603. 1 See Analysis for discussion of consistency/inconsistency. COMPLIANCE WITH FLEXIBILITY CRITERIA 3-601.C.3.a-g: The first criteria in CDC Section 3-601.C.3 is not applicable as the proposal is for a marina, as such the users may not necessarily be occupants of the principal use; however it is anticipated that they will. The dock will meet the setback requirements, width requirements and tie pole requirements. The entirety of the subject properties are within the Marina District of Beach by Design which supports the redevelopment of this district into a pedestrian and boater friendly destination that includes a mix of hotels, commercial, restaurant, residential and mixed use development, as well as a variety of dock facilities and water related uses. While the request for the length deviation significantly exceeds the allowable 75 percent lot width calculation, it is significantly less than 25 percent of the width of the waterway and does not constitute a hazard to navigation. The established character in the general vicinity is consistent with this request. Regarding impacts on water recreation activities, the City Harbormaster has reviewed the dock proposal and indicates that there is compliance with those criteria as well as the remaining environmental criteria. The following table depicts the consistency with the Flexibility criteria set for in CDC Section 3-601.C.3.a- g. Specific responses to each of these criteria have been provided by the applicant and are included with their application. Consistent Inconsistent Community Development Board – December 16, 2008 FLD2008-07019 – Page 3 Use and CompatibilityX a. : i) The proposed dock shall be subordinate to and contribute to the comfort, convenience or necessities of the users or the occupants of the principal use of the property; ii) The proposed dock shall be in harmony with the scale and character of adjacent properties and the neighborhood in general; and iii) The proposed dock shall be compatible with dock patterns in the general vicinity. Impacts on Existing Water Recreation ActivitiesX b. : The use of the proposed dock shall not adversely impact the health, safety or well being of persons currently using the adjacent waterways for recreational and/or commercial uses. Furthermore, it shall not hinder or discourage the existing uses of the adjacent waterway by uses including but not limited to non-motorized boats and motorized boats. Impacts on NavigationX c. : The existence and use of the proposed dock shall not have a detrimental effect on the use of adjacent waters for navigation, transportation, recreational or other public conveniences. Impacts on Marine EnvironmentX d. : i) Docks shall be sited to ensure that boat access routes avoid injury to marine grassbeds or other aquatic resources in the surrounding areas; and ii) Docks shall not have an adverse impact upon natural marine habitats, grass flats suitable as nursery feeding grounds for marine life, or established marine soil suitable for producing plant growth of a type useful as nursery or feeding grounds for marine life; manatee sanctuaries; natural reefs and any such artificial reef which has developed an associated flora and fauna which have been determined to be approaching a typical natural assemblage structure in both density and diversity; oyster beds; clam beds; known sea turtle nesting site; commercial or sport fisheries or shell fisheries areas; and habitats desirable as juvenile fish habitat. Impacts on Water QualityX e. : i) All turning basin, access channels, boat mooring areas and any other area associated with a dock shall have adequate circulation and existing water depths to ensure that a minimum of a one foot clearance is provided between the lowest member of a vessel (e.g. skegs, rudder, prop) and the bottom of the water body at mean or ordinary low water (-0.95 NGVD datum); and ii) The dock shall not effectively cause erosion, extraordinary storm drainage, shoaling of channels, or adversely affect the water quality presently existing in the area or limit progress that is being made toward improvement of water quality in the area in which the dock is proposed to be located. Impacts on Natural ResourcesX f. : i) The dock shall not have a material adverse impact upon the conservation of wildlife, marine life, and other natural resources, including beaches and shores, so as to be contrary to the public interest; and ii) The dock shall not have an adverse impact on vegetated areas; vegetative, terrestrial, or aquatic habitats critical to the support of listed species providing one or more of the requirements to sustain their existence, such as range, nesting or feeding grounds; habitats which display biological or physical attributes which would serve to make them rare within the confines of the City; designated preservation areas such as those identified in the comprehensive land use plan, national wildlife refuges, Florida outstanding waters or other designated preservation areas, and bird sanctuaries. Impacts on Wetlands Habitat/UplandsX g. : The dock shall not have a material adverse affect upon the uplands surrounding. COMPLIANCE WITH DIMENSIONAL STANDARDS: The dimensional standards criteria for setbacks set forth in CDC Section 3-601.C.3.h state that docks shall be located no closer to any property line as extended into the water than the distance equivalent to ten percent of the width of the waterfront Community Development Board – December 16, 2008 FLD2008-07019 – Page 4 property line. Docks abutting adjacent waterfront single family or two family properties must be setback a minimum of one-third of the applicant’s waterfront property width from the adjacent waterfront single family or two family property. The width of the waterfront property line on the subject property, which is adjacent to a two family waterfront property on the north side, is 120 feet; therefore the proposed dock must be set back from the north property line a minimum of 40 feet. As proposed, the dock will be set back from the north property line by a distance of 40 feet. Regarding the setback on the south side, the dock must be setback a distance equivalent to ten percent of the property width. This equates to 12 feet and as proposed exceeds this requirement at 12.2 feet. With regards to length, commercial docks shall not extend from the mean high water line or seawall of the subject property more than 75 percent of the width of the subject property as measured along the waterfront property line; thus the length of the dock is limited to 90 feet. As proposed, the dock has a length of 248.6 feet. The deviation request is to allow the proposed dock to be 158.6 feet longer than permitted by Code. CDC Section 3-601.C.3.h.ii allows tie poles to extend beyond the dock provided such poles do not extend 25 percent of the width of the waterway and do not constitute a navigational hazard. The waterway width in this area is approximately 1,454 feet; therefore tie poles may extend up to 363 feet, approximately 114 feet beyond the dock. The proposal has no tie poles extending beyond the dock. The Belle Harbor dock, just to the north, has an approximate length of 269 feet and just to the south the Frenchy’s dock has an approximate length of 360 feet. With this established character of existing docks in the vicinity, staff supports the request for an increased dock length. The same threshold that applies to length also applies to width; therefore the width of the proposed dock cannot exceed 90 feet. The dock has a proposed width of 67.8 feet; thus compliance with this standard is achieved. The following table depicts the development proposals consistency with the standards and criteria as per CDC Section 3-601.C.3.h: Standard Proposed Consistent Inconsistent Dock Setbacks 10% of the width of the subject South: 12.2 feet X (Minimum) property (12 feet) 1/3 the width of the subject North: 40 feet X property (40 feet) 1 Dock Length 75% of the width of the subject 248.6 feet X (Maximum) property (90 feet) Dock Width 75% of the width of the subject 67.8 feet X (Maximum) property (90 feet) 1 See discussion above COMPLIANCE WITH FLEXIBILITY CRITERIA 3-603: Compliance has been met with the Flexibility criteria for marinas and marina facilities as set forth in CDC Section 3-603. While proposed for a marina facility, there will be no living aboard, no fueling facilities, no launching facilities, and no chartering and/or servicing of vessels. Since a portable sanitary pump out station is proposed, no holding tank will be located over water. Public restrooms have been provided landside for marina users. The restrooms will be available 24 hours a day. Additionally, the proposed dock will be constructed on pilings only to aid in tidal flushing and aquatic flushing. No construction will take place that will inhibit tidal flushing. Manatee awareness signs will be posted on the docking facility. The City Harbormaster has determined that the proposed marina poses no hazard or obstruction to navigation. Community Development Board – December 16, 2008 FLD2008-07019 – Page 5 The following table depicts the consistency of the development proposal with the Flexibility criteria in CDC Section 3-603. Specific responses to each of these criteria have been provided by the applicant and are included with their application. Consistent Inconsistent 1. All proposed activities including, but not limited to, fueling, pumping-out, X chartering, living-aboard, launching, dry storage and the servicing of boats, motors and related marine equipment shall require approval in accordance with the provisions of the zoning district in which the marina or marina facility is proposed to be located. 2. For marina facilities located adjacent to residential districts, no fueling or launching X facilities shall be located within 20 feet of the residential property line, and no fueling or servicing of boats shall occur at such marinas after 9:00 p.m. or before 6:00 a.m. 3. No fuel storage facility or sanitary pump-out station holding tank shall be located X over water. 4. The marina shall pose no hazard or obstruction to navigation, as determined by the X city harbormaster. 5. The marina shall not adversely affect the environment, including both onshore and X offshore natural resources. 6. Adequate sanitary facilities shall be provided landside and a sanitary pump-out X station shall be provided and shall be available to marina users 24 hours a day. 7. A manatee protection plan shall be provided and appropriate speed zone signs shall X be posted to control boat speed for manatee protection. 8. Adequate spill containment areas shall be provided on the property. X 9. Design of the marina shall maintain existing tidal flushing and aquatic circulation X patterns. 10. In the event of conflict between these standards and federal or state law or rules, X the federal or state law or rules shall apply to the extent that these standards have been preempted; otherwise, the more stringent regulations shall apply. COMPLIANCE WITH GENERAL STANDARDS: As previously discussed the development of the land (submerged) relating to scale, bulk, coverage, density and character with adjacent properties and the immediate vicinity have been found to be consistent. The marina project represents an appropriate addition to the waterfront and complements Beach by Design. The scale and coverage of the proposed marina is appropriate for this location, as it has been designed to not exceed the lengths of other existing docks. The marina will not hinder or discourage the appropriate development or redevelopment of adjacent properties. Moreover, the proposed marina is consistent with the community character of the immediate vicinity. The proposed docks will not affect the health or safety of persons working or residing in the neighborhood as they meet state and local guidelines by not extending past the 25 percent waterway width and will be illuminated well with no tie poles beyond the length of the dock. The following table depicts the consistency of the development proposal with the General Standards for Level Two Approvals as per Section 3-913.A of the Community Development Code: Community Development Board – December 16, 2008 FLD2008-07019 – Page 6 Consistent Inconsistent 1. The proposed development of the land will be in harmony with the scale, bulk, X coverage, density and character of adjacent properties in which it is located. 2. The proposed development will not hinder or discourage development and use of X adjacent land and buildings or significantly impair the value thereof. 3. The proposed development will not adversely affect the health or safety of persons X residing or working in the neighborhood. 4. The proposed development is designed to minimize traffic congestion. X 5. The proposed development is consistent with the community character of the X immediate vicinity. 6. The design of the proposed development minimizes adverse effects, including X visual, acoustic and olfactory and hours of operation impacts on adjacent properties. Code Enforcement Analysis: There are no outstanding Code Enforcement issues associated with the subject property. SUMMARY AND RECOMMENDATION: The Development Review Committee (DRC) reviewed the application and supporting materials at its meeting of October 2, 2008, and deemed the development proposal to be sufficient to move forward to the December 16, 2008 Community Development Board (CDB) meeting based upon the following findings of fact and conclusions of law: Findings of Fact: 1. That the 0.27 acres are located on the east side of Poinsettia Street and addressed as 475 Poinsettia Street; 2. That the 0.37 acres are located on the east side of East Shore Drive and addressed as 473 East Shore Drive; 3. That the parcels are located on both the east and west side of East Shore Drive approximately 280 feet north of the intersection of Papaya Street and East Shore Drive; 4. That the parcels are located in the Marina District of Beach by Design; 5. That the combined upland development consists of a total of 13 overnight accommodation units; 6. That the existing dock and slips are to be removed; 7. That the site has approximately 120 feet of waterfront frontage on Clearwater Harbor between the north and south property lines; 8. That the proposal consists of the construction of a 3,269 square-foot, 10 slip dock to be used as a marina; 9. That based on a parking ratio of one parking space per two slips and there being 10 proposed slips, a total of five parking spaces are required; 10. That there are no residentially zoned properties adjacent to the proposed dock; 11. That the proposal includes a deviation to increase the maximum length from 75 percent of the lot width (90 feet) to 207 percent of the lot width (248.6 feet); 12. That the proposed dock complies with the setback and width standards of CDC Section 3-601.C.3.h; 13. That the development proposal is compatible with dock patterns of the surrounding area; and 14. That there are no outstanding Code Enforcement issues associated with the subject property. Conclusions of Law: 1. That the development proposal is consistent with the Flexibility criteria as per CDC Section 2-803.E; 2. That the development proposal is consistent with the commercial dock review criteria as per CDC Section 3-601.C.3; Community Development Board – December 16, 2008 FLD2008-07019 – Page 7 3. That the development proposal is consistent with the marina review criteria as per CDC Section 3-603; and 4. That the development proposal is consistent with the General Applicability criteria as per CDC Section 3-913.A. APPROVAL Based upon the above, the Planning Department recommends of the Flexible Development application to permit the addition of a 3,269 square-foot, 10-slip dock as a marina and marina facility in conjunction with an existing 13-unit overnight accommodation use in the Tourist (T) District with an increase to the maximum length of the dock from 75 percent of the lot width (90 feet) to 207 percent of the lot width (248.6 feet), under the provisions of Sections 2-803.E, 3-601 and 3-603 with the following conditions: Conditions of Approval: 1. That prior to the sign-off on any permits for the construction of the docks, an off-site parking agreement will need to be entered into between the owners of the respective properties and the City, and be recorded in the public records of Pinellas County; 2. That prior to the sign-off on any permits for the construction of the docks, the existing parking space on the south side of 475 Poinsettia Drive by removed to allow one-way traffic flow; 3. That prior to the sign-off on any permits for the construction of the docks, OCL9319461 must be amended to decrease the number of allowed parking spaces to be rented from 14 to five; 4. That the five required marina parking spaces are clearly identified as such on the 475 Poinsettia Street parcel; 5. That the public restroom facilities are identified as such on the facility; 6. That there be no fueling facilities at this marina; 7. That live aboard vessels are prohibited; 8. That covered boat lifts are prohibited; 9. That plans are revised to provide correct information concerning fire department FDC and 2.5 inch hose; 10. That plans are revised to provide correct information to the fire department concerning under dock piping; 11. That plans are revised to provide correct information concerning fire department FDC and Double Detector Check Valve; 12. That signage be permanently installed on the docks or at the entrance to the docks containing wording warning boaters of the existence of protected sea grasses and manatees in the vicinity; and 13. That a copy of the SWFWMD and/or FDEP Permit and any other applicable environmental permits, Corps of Engineer's Permit and proof of permission to use State submerged land, if applicable, be submitted to the Planning Department prior to commencement of construction. Prepared by Planning Department Staff: __________________________________________ A. Scott Kurleman, Planner III ATTACHMENTS: Location Map; Aerial Map; Zoning Map; Existing Surrounding Uses Map; Photographs of Site and Vicinity; and Resume S:\Planning Department\C D B\FLEX (FLD)\Pending cases\Up for the next CDB\East Shore 473 East Shore Resort Docks (T) - 12-16-08 CDB SK\East Shore - 473 Dock Staff Report.doc Community Development Board – December 16, 2008 FLD2008-07019 – Page 8 � 473 EAST SHORE DR EAST SHORE RESORT _ ATLAS # ZONING: LAND USE: = , � �� 267A T RFH REC�IVED: 07/02/2008 INCOMPLETE: -7 0 $ �' � � � COMPLETE: °� . /� . dt� MAPS : PHOTO S : STAFF REPORT: DR C: �� • �� CDB: ��ee'� • • . � � • �;'�;� . � � ��`� �,,� � :� h � za 'f = � �� PLANNING DEPARTMENT December 17, 2008 Albert Carrier Deuel & Associates 4625 East Bay Drive Suite 211 Clearwater, FL 33764 CITY OF C.� CLEARWATER PosT OF��E BoX 4748, CI.EARWATER, FLOa�DA 3375&4748 MUNICIPAL SERVICFS BU[LDING� 100 Soo� Mva�Av�vuE, C[.FARWATER, FLOa�DA 33756 TEL��oNE (72� 562-4567 F� (72� 562-4865 RE: Development Order - Case FLD2008-07019 473 East Shore Drive and 475 Poinsettia Avenue Dear Mr. Carrier: This letter constitutes a Development Order pursuant to Section 4-206.D.6 of the Community Development Code. On December 16, 2008, the Community Development Board reviewed your request for Flexible Development approval to permit the addition of a 3,269 square foot, 10-slip dock as a marina and marina facility in conjunction with an existing 13-unit overnight accommodation use in the Tourist (T) District with an increase to the maximum length of the dock from 75 percent of the lot width (90 feet) to 207 percent of the lot width (248.6 feet), under the provisions of Sections 2-803.E, 3-601 and 3-603. The Community Development Board (CDB) APPROVED the application with the following Findings of Fact, Conclusions of Law and Conditions of Approval: Findin�s of Fact: 1. That the 0.27 acres are located on the east side of Poinsettia Avenue and addressed as 475 Poinsettia Avenue; 2. That the 0.37 acres are located on the east side of East Shore Drive and addressed as 473 East Shore Drive; 3. That the parcels are located on both the east and west side of East Shore Drive approximately 280 feet north of the intersection of Papaya Street and East Shore Drive; 4. That the parcels are located in the Marina District of Beach by Design; 5. That the combined upland development consists of a total of 13 overnight accommodation units; 6. That the existing dock and slips are to be removed; 7. That the site has approximately 120 feet of waterfront frontage on Clearwater Harbor between the north and south property lines; 8. That the proposal consists of the construction of a 3,269 square-foot, 10 slip dock to be used as a marina; �� .�: ur.._-n..__.. . �. � r u • � 9. That based on a parking ratio of one parking space per two slips and there being 10 proposed slips, a total of five parking spaces are required; 10. That there are no residentially zoned properties adjacent to the proposed dock; 11. That the proposal includes a deviation to increase the maximum length from 75 percent of the lot width (90 feet) to 207 percent of the lot width (248.6 feet); 12. That the proposed dock complies with the setback and width standards of CDC Section 3-601.C.3.h; 13. That the development proposal is compatible with dock patterns of the surrounding area; and 14. That there are no outstanding Code Enforcement issues associated with the subject property. Conclusions of Law: 1. That tlie development proposal is consistent with the Flexibility criteria as per CDC Section 2-803.E; 2. That the development proposal is consistent with the commercial dock review criteria as per CDC Section 3-601.C.3; 3. That the development proposal is consistent with the marina review criteria as per CDC Section 3- 603; and 4. That the development proposal is consistent with the General Applicability criteria as per CDC Section 3-913.A. Conditions of Approval: l. That prior to the sign-off on any permits for the construction of the docks, an off-site parking agreement will need to be entered into between the owners of the respective properties and the City, and be recorded in the public records of Pinellas County; 2. That prior to the sign-off on any permits for the construction of the docks, the existing parking space on the south side of 475 Poinsettia Avenue be removed to allow one-way traffic flow; 3. That prior to the sign-off on any permits for the construction of the docks, OCL9319461 must be amended to decrease the number of allowed parking spaces to be rented from 14 to five; 4. That the five required marina parking spaces are clearly identified as such on the 475 Poinsettia Avenue parcel; 5. That the public restroom facilities are identified as such on the facility; 6. That there be no fueling facilities at this marina; 7. That live aboard vessels are prohibited; 8. That covered boat lifts are prohibited; 9. That plans are revised to provide correct information concerning fire deparhnent FDC and 2.5 inch hose; 10. That plans are revised to provide correct information to the fire department concerning under dock piping; 11. That plans are revised to provide conect information concerning fire department FDC and Double Detector Check Valve; 12. That signage be permanently installed on the docks or at the entrance to the docks containing wording warning boaters of the existence of protected sea grasses and manatees in the vicinity; 13. That a copy of the SWFWMD and/or FDEP Permit and any other applicable environmental permits, Corps of Engineer's Permit and proof of pern-►ission to use State submerged land, if applicable, be submitted to the Planning Department prior to commencement of construction; and 14. That all boat lifts are of a low profile design not exceeding three feet in height above the dock. Pursuant to Section 4-407, an application for a building permit or other approvals shall be made within one year of the date of Flexible Development approval (December 16, 2009). All required certificates of occupancy shall be obtained within two years of the date of issuance of the initial building permit. The buildinQ permit must be obtained within six months of the initial permit application This timeframe to obtain the initial building permit may be extended for an additional six months for cause by the J u Community Development Coordinator. Time frames do not change with successive owners. The Community Development Coordinator may grant an extension of time for the Flexible Development approval for a period not to exceed one year and only within the original period of validity. The issuance of this Development Order does not relieve you of the necessity to obtain any building permits or pay any impact fees that may be required. In order to facilitate the issuance of any permit or license affected by this approval, please bring a copy of this letter with you when applying for any permits or licenses that require this prior development approval. Additionally, an appeal of a Level Two approval (Flexible Development) may be initiated pursuant to Section 4-502.B by the applicant or by any person granted party status within 14 days of the date of the CDB meeting. The filing of an application/notice of appeal shall stay the effect of the decision pending the final determination of the case. The appeal period for your case expires on December 30, 2008 (14 days from the date of the CDB meeting). If you have any questions, please do not hesitate to call A. Scott Kurleman, Planner III, at 727-562-4553. You can access zoning information for parcels within the City through our website: wtivr�-.mXcl earwater. com/govidepts/pl anning. Sincerely, 1�'��f I � l;-�%�L , Michael Delk, AICP �� Planning Director S:1Planning DepartmentlC D BIFLEX (FLD) IPending casesl Up for the next CDBIEast Stiore 473 East Shore Resort Docks (7) - 12-16-08 CDB SKIEast Shore 473 - Development Order.doc CDB Meeting Date: Case Number: Agenda Item: Owner: Applicant: Representative: Addresses: � December 16, 2008 FLD2008-07019 D2 William A. Day Livin�rust . Billv D� Albert P. Carrier, Deuel and Associates 473 East Shore Drive and 475 Poinsettia Street CITY OF CLEARWATER PLANNING DEPARTMENT STAFF REPORT GENERAL INFORMATION: � REQUEST: Flexible Development approval to permit the addition of a 3,269 square foot, 10-slip dock as a marina and marina facility in conjunction with an existing 13-unit overnight accommodation use in the Tourist (T) District with an increase to the maximum length of the dock from 75 percent of the lot width (90 feet) to 207 percent of the lot width (248.6 feet), under the provisions of Sections 2-803.E, 3-601 and 3-603. CURRENT ZONING: Tourist (T) District, Marina District of Beach by Design CURRENT FUTiJRE LAND Resort Facilities High (RFH) Category USE CATEGORY: PROPERTY USE: Current Use: Overnight Accommodations (13 Rooms) Proposed Use: Marina Facility including 10 slips totaling 3,269 square feet (in association with an existing 13-unit overnight accommodation use) EXISTING North: SURROUNDING ZONING South: AND USES: East: West: Tourist (T) Tourist (T) Preservation (P) Tourist (T) Duplex Overnight Accommodations Clearwater Harbar Overnight Accommodations ANALYSIS: Site Location and Existing Conditions: The subject property consists of two parcels totaling 0.64 acres that are located approximately 280 feet north of the intersection of Papaya Street and East Shore Drive with one parcel on each side of East Shore Drive. The 0.27-acre parcel located at 475 Poinsettia Street contains three overnight accommodation units and 14 off-street parking spaces, and the 0.37-acre parcel located at 473 East Shore Drive contains 10 overnight accommodation units. In addition, there is a refuse enclosure and 11 on- street parking spaces within the right-of-way adjacent to 473 East Shore Drive. While the Poinsettia Street parcel is not located along the waterfront, the East Shore Drive parcel has 120 feet of waterfront frontage. Development Proposal: The development proposal includes the removal of the existing dock, lifts and tie poles and the construction of a 3,269 square foot dock and 10 slips. The 10 slips are proposed for a marina use at the Community Development Board — December 16, 2008 FLD2008-07019 — Page 1 � � existing 10-unit overnight accommodation use on the upland portion of the East Shore Drive parcel. The slips are proposed to accommodate six boats up to 40 feet in length and four boats up to 50 feet in length. No covered boatlifts, roof structures or vertical walls are proposed as part of this marina. No improvements to either parcel is proposed regarding the upland uses. Pursuant to CDC Section 2-803.E, marinas and marina facilities are permissible in the Tourist district through the Flexible Development approval process. The applicable review criteria for this use include a provision that all marina facilities comply with the commercial dock requirements set forth in CDC Section 3-601.C.3 as well as marina facilities requirements set forth in CDC Section 3-603. The development proposal's compliance with the various development standards of the Community Development Code is discussed below. Minimum Lot Area / Lot Width: Pursuant to CDC Section 2-803, marinas and marina facilities are required a minimum lot area of 5,000 square feet, a minimum lot width of 50 feet. Compliance is achieved with the criteria as the parcels contain 27,907 square feet and have a lot width of 100 feet (poinsettia Street) and 120 feet (East Shore Drive). Minimum Off-Street Parkin�: Pursuant to CDC Section 2-803, marinas and marina facilities are required one off-street parking space per two slips. As ten slips are proposed, a total of �ve parking spaces are required for the marina. The aforementioned property located at 475 Poinsettia Street has three overnight accommodation units and 14 parking spaces, of which 11 are in excess to requirements. The applicant proposed to utilize �ve of these excess parking spaces to meet the demand of the proposed marina. As these parking spaces are within 600 feet of the marina (as per the requirements set forth in CDC Section 3-1404.A), this arrangement will meet Code, subject to a few issues being addressed prior to the sign-off on any permits for the construction of the docks. These issues are as follows: ❑ A off-site parking agreement will need to be entered into between the owners of the respective properties and the City, and be recorded in the public records; ❑ While the Poinsettia Street parcel currently has 14 parking spaces, one of these is impeding traf�c flow and will be removed; and ❑ There is currently a business tax receipt (FKA occupational license) for a 14-space parking lot on the Poinsettia Street parcel. However, as three of these parking spaces are required for the existing overnight accommodation units onsite, five will be required for the proposed dock, and one will be required to be removed as per the above condition, only iive parking spaces will remain. As such, the business tax receipt will need to be amended accordingly. COMPLIANCE WITH FLEXIBILITY CRITERIA 2-803.E: The Flexibility criteria far marinas and marina facilities set forth in CDC Section 2-803.E state that the proposed marina shall not be located in any of the areas of environmental significance as identi�ed in the Comprehensive Plan. The proposed marina is not located in any of the areas of environmental significance with the exception of its proximity to Clearwater Harbor grass beds. However, those sea grass beds were mapped prior to the dock design phase and the proposed dock has been located in a manner so as to avoid any sea grasses. There are no residentially zoned properties adjacent to the proposed dock (adjacent properties are zoned Tourist District). No commercial activities will be permitted in the leased slips; live aboard vessels will be prohibited; and no upland development is proposed. Community Development Board — December 16, 2008 FLD2008-07019 — Page 2 . ' � The following table depicts the consistency of the development proposal with the Flexibility criteria as per CDC Section 2-803.E (Marinas and Marina Facilities): Inconsistent T'he parcel proposed for development is not located in areas identified in the X Comprehensive Plan as areas of environmental significance including: a. The north end of Clearwater Beach; b. Clearwater Harbor grass beds; c. Cooper's Point; d. Clearwater Harbor spoil islands; e. Sand Key Park; f. The southern edge of Alligator Lake. 2. No commercial activities other than the mooring of boats on a rental basis shall be X permitted on any parcel of land which is contiguous to a parcel of land which is designated as residential in the Zoning Atlas, unless the marina facilities are totally screened from view from the contiguous land which is designated as residential and the hours of operation of the commercial activities are limited to the time period between sunrise and sunset. 3. Setbacks: X a. The reduction in the front setback contributes to a more active and dynamic street life; b. The reduction in the front setback results in an improved design and appearance; c. The reduction in the side and rear setback does not prevent access to the rear of any building by emergency vehicles; d. The reduction in the side and rear setback results in an improved site plan, more efficient parking or improved design or appearance. 4. The design of all buildings complies with the Tourist District design guidelines in X Division 5 of Article 3. 5. All marina facilities shall comply with the commercial dock requirements set forth X� in Section 3-601.C.3 and the marina and marina facilities requirements set forth in Section 3-603. See Analysis for discussion of consistency/inconsistency. COMPLIANCE WITH FLEXIBILITY CRITERIA 3-601.C.3.a-�: The first criteria in CDC Section 3-601.C.3 is not applicable as the proposal is for a marina, as such the users may not necessarily be occupants of the principal use; however it is anticipated that they will. The dock will meet the setback requirements, width requirements and tie pole requirements. The entirety of the subject properties are within the Marina District of Beach by Design which supports the redevelopment of this district into a pedestrian and boater friendly destination that includes a mix of hotels, commercial, restaurant, residential and mixed use development, as well as a variety of dock facilities and water related uses. While the request for the length deviation significantly exceeds the allowable 75 percent lot width calculation, it is significantly less than 25 percent of the width of the waterway and does not constitute a hazard to navigation. The established character in the general vicinity is consistent with this request. Regarding impacts on water recreation activities, the City Harbormaster has reviewed the dock proposal and indicates that there is compliance with those criteria as well as the remaining environmental criteria. The following table depicts the consistency with the Flexibility criteria set for in CDC Section 3- 601.C.3.a-g. Specific responses to each of these criteria have been provided by the applicant and are included with their application. Community Development Board — December 16, 2008 FLD2008-07019 — Page 3 • � Consistent Inconsistent a. Use and Compatibility: X i) The proposed dock shall be subordinate to and contribute to the comfort, convenience or necessities of the users or the occupants of the principal use of the property; ii) The proposed dock shall be in harmony with the scale and character of adjacent properties and the neighborhood in general; and , iii) The proposed dock shall be compatible with dock patterns in the general vicinity. b. Impacts on Existing Water Recreation Activities: The use of the proposed dock shall X not adversely impact the health, safety or well being of persons currently using the adjacent waterways for recreational and/or commercial uses. Furthermore, it shall not hinder or discourage the existing uses of the adjacent waterway by uses including but not limited to non-motorized boats and motorized boats. c. Impacts on Navigation: The existence and use of the proposed dock shall not have a X detrimental effect on the use of adjacent waters for navigation, transportation, recreational or other public conveniences. d. Impacts on Marine Environment: X i) Docks shall be sited to ensure that boat access routes avoid injury to marine grassbeds or other aquatic resources in the surrounding areas; and ii) Docks shall not have an adverse impact upon natural n'iarine habitats, grass flats suitable as nursery feeding grounds for marine life, or established marine soil suitable for producing plant growth of a type useful as nursery or feeding grounds for marine life; manatee sanctuaries; natural reefs and any such artificial reef which has developed an associated flora and fauna which have been determined to be approaching a typical natural assemblage structure in both density and diversity; oyster beds; clam beds; known sea turtle nesting site; commercial or sport fisheries or shell fisheries areas; and habitats desirable as juvenile fish habitat. e. Impacts on Water Quality: 7� i) All turning basin, access channels, boat mooring areas and any other area associated with a dock shall have adequate circulation and existing water depths to ensure that a minimum of a one foot clearance is provided between the lowest member of a vessel (e.g. skegs, rudder, prop) and the bottom of the water body at mean or ordinary low water (-0.95 NGVD datum); and ii) The dock shall not effectively cause erosion, extraordinary storm drainage, shoaling of channels, or adversely affect the water quality presently existing in the area or limit progress that is being made toward improvement of water quality in the area in which the dock is proposed to be located. f. Impacts on Natural Resources: %t i) The dock shall not have a material adverse impact upon the conservation of wildlife, marine life, and other natural resources, including beaches and shores, so as to be contrary to the public interest; and ii) The dock shall not have an adverse impact on vegetated areas; vegetative, tenestrial, or aquatic habitats critical to the support of listed species providing one or more of the requirements to sustain their existence, such as range, nesting or feeding grounds; habitats which display biological or physical attributes which would serve to make them rare within the confines of the City; designated preservation areas such as those identified in the comprehensive land use plan, national wildlife refuges, Florida outstanding waters or other designated preservation areas, and bird sanctuaries. g. Impacts on Wetlands Habitat/Uplands: The dock shall not have a material adverse X affect unon the uplands surrounding. COMPLIANCE WITH DIMENSIONAL STANDARDS: The dimensional standards criteria far setbacks set forth in CDC Section 3-601.C.3.h state that docks shall be located no closer to any property line as extended into the water than the distancE equivalent to ten percent of the width of the waterfront property line. Docks abutting adjacent waterfront single family or two family properties must be setback Community Development Board — December 16, 2008 FLD2008-07019 — Page 4 • • a minimum of one-third of the applicant's waterfront property width from the adjacent waterfront single family ar two family property. The width of the waterfront property line on the subject property, which is adjacent to a two family waterfront properiy on the north side, is 120 feet; therefore the proposed dock must be set back from the north property line a minimum of 40 feet. As proposed, the dock will be set back from the north property line by a distance of 40 feet. Regarding the setback on the south side, the dock must be setback a distance equivalent to ten percent of the property width. This equates to 12 feet and as proposed exceeds this requirement at 12.2 feet. With regards to length, commercial docks shall not extend from the mean high water line or seawall of the subject property more than 75 percent of the width of the subject property as measured along the waterfront property line; thus the length of the dock is limited to 90 feet. As proposed, the dock has a length of 248.6 feet. The deviation request is to allow the proposed dock to be 158.6 feet longer than permitted by Code. CDC Section 3-601.C.3.h.ii allows tie poles to extend beyond the dock provided such poles do not extend 25 percent of the width of the waterway and do not constitute a navigational hazard. The waterway width in this area is approximately 1,454 feet; therefore tie poles may extend up to 363 feet, approximately 114 feet beyond the dock. The proposal has no tie poles extending beyond the dock. The Belle Harbor dock, just to the north, has an approximate length of 269 feet and just to the south the Frenchy's dock has an approximate length of �6A feet. With this established character of existing docks in the vicinity, staff supports the request far anncreased dock length. The same threshold that applies to length also applies to width; therefore the width of the proposed dock cannot exceed 90 feet. The dock has a proposed width of 67.8 feet; thus compliance with this standard is achieved. The following table depicts the development proposals consistency with the standards and criteria as per CDC Section 3-601.C.3.h: Standard Pro osed Consistent Inconsistent Dock Setbacks 10% of the width of the subject South: 12.2 feet X (Minimum) property (12 feet) 1/3 the width of the subject North: 40 feet X property (40 feet) Dock Length 75% of the width of the subject 248.6 feet X` (Maximum) property (90 feet) Dock Width 75% of the width of the subject 67.8 feet X Maximum ro ert 90 feet � See discussion above COMPLIANCE WITH FLEXIBILITY CRITERIA 3-603: Compliance has been met with the Flexibility eriteria for marinas and marina facilities as set farth in CDC Section 3-603. While proposed for a marina facility, there will be no living aboard, no fueling facilities, no launching facilities, and no chartering and/or servicing of vessels. Since a portable sanitary pump out station is proposed, no holding tank will be located over water. Public restrooms have been provided landside for marina users. The restrooms will be available 24 hours a day. Additionally, the proposed dock will be constructed on pilings only to aid in tidal flushing and aquatic flushing. No construction will take place that will inhibit tidal flushing. Manatee awareness signs will be posted on the docking facility. The City Harbormaster has determined that the proposed marina poses no hazard or obstruction to navigation. Community Development Board — December 16, 2008 FLD2008-07019 — Page 5 • • The following table depicts the consistency of the development proposal with the Flexibility criteria in CDC Section 3-603. Specific responses to each of these criteria have been provided by the applicant and are included with their application. Consistent Inconsistent 1. All proposed activities including, but not limited to, fueling, pumping-out, X chartering, living-aboard, launching, dry storage and the servicing of boats, motors and related marine equipment shall require approval in accordance with the provisions of the zoning district in which the marina or marina facility is proposed to be located. 2. For marina facilities located adjacent to residential districts, no fueling or launching X facilities shall be located within 20 feet of the residential property line, and no fueling or servicing of boats shall occur at such marinas after 9:00 p.m. or before 6:00 a.m. 3. No fuel storage facility or sanitary pump-out station holding tank shall be located X over water. 4. The marina shall pose no hazard or obstruction to navigation, as determined by the X city harbormaster. 5. The marina shall not adversely affect the environment, including both onshore and X offshore natural resources. 6. Adequate sanitary facilities shall be provided landside and a sanitary pump-out X station shall be provided and shall be available to marina users 24 hours a day. 7. A manatee protection plan shall be provided and appropriate speed zone signs shall X be posted to control boat speed for manatee protection. 8. Adequate spill containment areas shall be provided on the property. 9. Design of the marina shall maintain existing tidal flushing and aquatic circulaYion patterns. 10. In the event of conflict between these standards and federal or state law or rules, the federal ar state law or rules shall apply to the extent that these standards have been nreemnted: otherwise. the more stringent regulations shall apply. X X X COMPLIANCE WITH GENERAL STANDARDS: As previously discussed the development of the land (submerged) relating to scale, bulk, coverage, density and character with adjacent properties and the immediate vicinity have been found to be consistent. The marina project represents an appropriate addition to the waterfront and complements �each by Design. The scale and coverage of the proposed marina is appropriate for this location, as it has been designed to not exceed the lengths of other existing docks. The marina will not hinder or discourage the appropriate development or redevelopment of adjacent properties. Moreover, the proposed marina is consistent with the community character of the immediate vicinity. The proposed docks will not affect the health or safety of persons working or residing in the neighborhood as they meet state and local guidelines by not extending past the 25 percent waterway width and will be illuminated well with no tie poles beyond the length of the dock. The following table depicts the consistency of the development proposal with the General Standards for Level Two Approvals as per Section 3-913.A of the Community Development Code: Community Development Board — December 16, 2008 FLD2008-07019 — Page 6 • . Consistent Inconsistent 1. The proposed development of the land will be in harmony with the scale, bulk, X coverage, density and character of adjacent properties in which it is located. 2. The proposed development will not hinder or discourage development and use of X adjacent land and buildings or significantly impair the value thereof. 3. The proposed development will not adversely affect the health or safety of persons X residing or working in the neighborhood. 4. The proposed development is designed to minimize traffic congestion. 5. The proposed development is consistent with the community character of the immediate vicinity. 6. The design of the proposed development minimizes adverse effects, including visual, acoustic and olfactory and hours of operation impacts on adjacent properties. X X X Code Enforcement Analysis: There are no outstanding Code Enforcement issues associated with the subject property. SUMMARY AND RECOMMENDATION: The Development Review Committee (DRC) reviewed the application and supporting materials at its meeting of October 2, 2008, and deemed the development proposal to be sufficient to move forward to the December 16, 2008 Community Development Board (CDB) meeting based upon the following iindings of fact and conclusions of law: Findings of Fact: 1. That the 0.27 acres are located on the east side of Poinsettia Street and addressed as 475 Poinsettia Street; 2. That the 0.37 acres are located on the east side of East Shore Drive and addressed as 473 East Shore Drive; 3. That the parcels are located on both the east and west side of East Shore Drive approximately 280 feet north of the intersection of Papaya Street and East Shore Drive; 4. That the parcels are located in the Marina District of Beach by Design; 5. That the combined upland development consists of a total of 13 overnight accommodation units; 6. That the existing dock and slips are to be removed; 7. That the site has approximately 120 feet of waterfront frontage on Clearwater Harbor between the north and south property lines; 8. That the proposal consists of the construction of a 3,269 square-foot, 10 slip dock to be used as a marina; 9. That based on a parking ratio of one parking space per two slips and there being 10 proposed slips, a total of five parking spaces are required; 10. That there are no residentially zoned properties adjacent to the proposed dock; 11. That the proposal includes a deviation to increase the maximum length from 75 percent of the lot width (90 feet) to 207 percent of the lot width (248.6 feet); 12. That the proposed dock complies with the setback and width standards of CDC Section 3-601.C.3.h; 13. That the development proposal is compatible with dock patterns of the surrounding area; and 14. That there are no outstanding Code Enforcement issues associated with the subject property. Conclusions of Law: 1. That the development proposal is consistent with the Flexibility criteria as per CDC Section 2-803.E; 2. That the development proposal is consistent with the commercial dock review criteria as per CDC Section 3-601.C.3; Community Development Board — December 16, 2008 FLD2008-07019 — Page 7 � • 3. That the development proposal is consistent with the marina review criteria as per CDC Section 3- 603; and 4. That the development proposal is consistent with the General Applicability criteria as per CDC Section 3-913.A. Based upon the above, the Planning Department recommends APPROVAL of the Flexible Development application to permit the addition of a 3,269 square-foot, 10-slip dock as a marina and marina facility in conjunction with an existing 13-unit overnight accommodation use in the Tourist (T) District with an increase to the maximum length of the dock from 75 percent of the lot width (90 feet) to 207 percent of the lot width (248.6 feet), under the provisions of Sections 2-803.E, 3-601 and 3-603 with the following conditions: Conditions of Approval: l. That prior to the sign-off on any permits for the construction of the docks, an off-site parking agreement will need to be entered into between the owners of the respective properties and the City, and be recorded in the public records of Pinellas County; 2. That prior to the sign-off on any permits for the construction of the docks, the existing parking space on the south side of 475 Poinsettia Drive by removed to allow one-way traffic flow; 3. That prior to the sign-off on any permits for the construction of the docks, OCL9319461 must be amended to decrease the number of allowed parking spaces to be rented from 14 to five; 4. That the five required marina parking spaces are clearly identified as such on the 475 Poinsettia Street parcel; 5. That the public restroom facilities are identified as such on the facility; 6. That there be no fueling facilities at this marina; 7. That live aboard vessels are prohibited; 8. That covered boat lifts are prohibited; 9. That plans are revised to provide correct information concerning fire department FDC and 2.5 inch hose; 10. That plans are revised to provide correct information to the fire department concerning under dock piping; 11. That plans are revised to provide correct information concerning fire department FDC and Double Detector Check Valve; 12. That signage be permanently installed on the docks or at the entrance to the docks containing wording warning boaters of the existence of protected sea grasses and manatees in the vicinity; and 13. That a copy of the SWFWMD and/or FDEP Permit and any other applicable environmental permits, Corps of Engineer's Permit and proof of permission to use State submerged land, if applicable, be submitted to the Planning Department prior to commencement of construction. Prepared by Planning Department Staff: �/' ��?( /�— �. A. Scott Kurleman, Planner III AT"TACHMENTS: Location Map; Aerial Map; Zoning Map; Existing Surrounding Uses Map; Photographs of Site and Vicinity; and Resume S: IPlanning DepartmentlC D BIFLEX (FLD)IPending casesl Up for the next CDBIEast Shore 473 East Shore Resort Docks (T) - I2-16-08 CDB SKIEast Shore - 473 Dock Staff Report.doc Comr.iunity Development Board — December 16, 2008 FLD2008-07019 — Page 8 • IN *w�...l� y � � '� T w •� _ .!•��'1`a �t, t' �� •� �, �� ' .� : r . � �� ' a�� p,` R �� •�`�,p f �j li� � �E • ^r � � - , ,� � � \ � �'�,•� � r \ i p� � � �� i �i1 � *" . '� � � f � � � r � �� . f � '�"r' ' � �` � ` � ��Fy'��• '.' r'1►* ; � .�`�'�, '�r 7°``,,��3. i R `�"'�'�� a� , I ; �� . c r, � � � .� ,y' ` t♦ f � � � , � t ir�� _ . . � 11�� J R, t� r '� J � w ' � � � � � � 4, � �1 . . �. ' r ' ? � +�` : � �'k '��' � � ^ , �. . � � h J , r �� . . � j ' �� l ; �� .�.e-t � J ia . � � � � t« . ^ JJ �>, ( � M e� r 1� 1 � '�► � � � �t`�` '' �� 1 � �� y . 1 � � e � � � r Mw � *�4 ��;.,�:��1■�.r.�� 1 � �.,�. � � `�i �� .. � .�.:.. _ � :�-: ,� � �� .A, Owner: William A. Day Living Trust Sites: 473 East Shore Drive 475 Poinsettia Street Atlas Page: 267A P I NS : 08-29-15-16434-003-0060 08-29-15-16434-002-0060 . .-1 s \' d o � 2 � � 0 z, z � �� t � j" �� F' � ,,.r�r � . i � � 4 � �� 4► � �� .a�r�� . � — — - � � L l . .,�"`�,� '�"'!wh _, � ��M! ..0 '�1 `.; � . ... � ��r � R� '1 � � * � 14 � � y� .�r . �. �""'.. � � -� ,,,,.� � x , � � �.�� : AERIAL MAP Case: Property SizelAcres FLD2008-07019 0.64 • � Owner: William A. Day Living Trust Sites: 473 East Shore Drive 475 Poinsettia Street Atlas Page: 267A P I NS: 08-29-15-16434-003-0060 08-29-15-16434-002-0060 ZONING MAP Case: Property SizelAcres FLD2008-07019 0.64 � _ • • LOCATION MAP Owner: William A. Day Living Trust Case: Sites: 473 East Shore Drive Property 475 Poinsettia Street Size(Acres): Atlas Page: 267A P I N S: 08-29-15-16434-003-0060 08-29-15-16434-002-0060 FLD2008-07019 0.64 • • FUTURE LAND USE MAP Owner: William A. Day Living Trust Case: Sites: 473 East Shore Drive Property 475 Poinsettia Street Size Acres : Atlas Page: 267A P I N S: 08-29-15-16434-003-0060 08-29-15-16434-002-0060 FLD2008-07019 0.64 • ,� . ,� _ � � �sss� � s 3°<s � , 500 �`�Si � � _`� 5Z 80 _ 59 t� � � �o � 62 61 I � p�j — M 63 � co -' 2 LJ 78 7 * 8 W 47y Q �70 %` � _ . � Q — �zz � 4 Z -48t 73 � — �a 4 � — — �5 - �e � �5'9 - � _je 7 �`�— J " ,� z: . �98 � � � 451 2: � ` �_ u � �9 �� 87 20 � � ""_ 1A J ' � � 501 — — — — — — — — — — PHASEII SEE S05-29-15 FOR PARCEL $ BAYMONT ST � � �� W Q Q W 2 4I � � 483 r18135 � 479 � - -, 86480 � 475 5 8 471 7 Q 8 W 485 _ O 483 9 y �o � � " ,z � _., g ....�...._, g — � �az C'J" � � �� z_ 3 �32 2 �s 425 Z 431 4 41 430 429 �. � 439 3 �?3 3 �47W � 1 39 ��8 — 4 � � � — 4' �3 8 -E — — — EXISTING CONDITIONS MAP Owner: William A. Day Living Trust Case: FLD2008-07019 Sites: 473 East Shore Drive Property 475 Poinsettia Street Size Acres : 0.64 Atlas Page� 267A P I NS: 08-29-15-16434-003-0060 08-29-15-16434-002-0060 A a �� o 2', Z°� s FLD2008-07019 473 East Shore Drive and 475 Poinsettia Street 11/25/2008 East Side of 475 Poinsettia. • -- ,., �° �, . � � � �� .a�;x �, � : �� _.. , . �" � � � Property South of 473 East Shore Drive. ----- Overnight Accommodation Office for both Poinsettia and East Shore Properties. 1 • West Side of 475 Poinsettia Street. � w� �; , �1 i +��,,.,, � ,.. Two-Family Development to the North of 473 East Shore Drive. � West Side of 473 East Shore Drive. �V�� ,«'d 1� ¢�,��r �1Y' , i. �F�; ' ,t � �. , . `a:�' �' :� _, . .. �yy�`. ,.....e 4 ,A 1 473 East Shore Drive. 2 ,;�: . � �,'/ ,'a� . �� ,.�; ��. \ `'/� � �/'� I / . :� �/ i' ,\.1 i 1 . r�: �� 1�� ►.J ,�� i ��„� e ,> Existing Dock to be Removed at 473 East Shore Drive. �/�� .'�� '►� ,; a ��t �.�� — ,i �;�� —. :+ f, _ ��{ � j 3"� � p° ; �� ti; View to the North. • View to the South. I Looking West from Existing Dack. 3 � �. � View Across Waterway Looking to the East. � • Resume A. Scott Kurleman 100 South Myrtle Avenue Clearwater, FL 33756 727-562-4567 x2504 scott.kurleman(a�mvclearwater.com PROFESSIONAL EXPERIENCE • Planner III • Planner II i August 2008 to present June 2005 to August 2008 Regulate growth and development of the City in accordance with land resource ordinances and regulations related to community development. Landscape plan review including: conceptual, variance, and conditional use. Reviews and analyzes site plans and conducts field studies to determine the integrity of development plans and their compatibility with surroundings. Interdepartmental and zoning assistance. Respond as a City representative to citizens, City officials, and businesses concerning ordinances and regulations. Make recommendations and presentations at staff level at various review committees, boards, and meetings. • Land Resource Specialist City of Clearwater June 1996 to June 2005 Coordinates with City Legal Department to initiate legal proceedings for non-compliance with City land resource regulations. Landscape re-inspection program. Plans and directs program to ensure that plant material installed per the approved landscape plan remains in a healthy growing condition in perpetuity and restores deficien� landscaped with new plant material. Certificate of Occupancy Inspection. Perform inspections with contractors, owners, and City departments to monitor the installation of required landscape material per an approved site plan. Process tree permits ensuring that regulations governing the removal criteria are followed. Provide technical tree evaluations for structural defects, hazards, proper pruning, and identification for trees on public and private properties. • Account Manager Cherry Lake Farms, IMG Enterprise, Inc. Groveland, FL 1993 — 1996 Supervised and managed existing territory accounts, while handling a strategic marketing plan. Planned and directed in-field inspection program for landscape architects, municipalities and private corporations. Prepared technical training modules for corporate employees and customers regarding arboricultural techniques related to trees. • Licensed Marketing Representative Allstate Insurance Company Clearwater, FL 1991 — 1993 Field inspections of insured structures. Policy service and account maintenance. � • Store Manager William Natorp company, Inc. 1983 — 1991 Cincinnati, OH � Managed a team of 20 sales people and sales associates in a landscape center. Responsible for teams of employees including but not limited to payroll, budgeting, sales, store and equipment maintenance, workplace safety, and advertising. Managed outdoor staff, merchandised and cared for all outdoor products. Responsible for all indoor staff and horticultural products. EDUCATION GRADUATE — Certificate: Community Development, UNIVERSITY OF SOUTH FLORIDA, TAMPA, FLORIDA. Currently pursuing. BA in Business Administration, ST. LEO UNIVERSITY, ST. LEO, FLORIDA. Graduated July, 2002 Cum Laude. Major: Management AA in Business Administration, ST. PETERSBURG COLLEGE, FLORIDA. Graduated 1998. Major: Management. AS in Ornamental Horticulture, OHIO STATE UNIVERSITY, WOOSTER, Graduated 1984 Cum Laude. Major: Horticulture Technology with emphasis in Arboriculture. ISA, International Society of Arboriculture, Certified Arborist, FL-0414. m 0 y r�vate� � u � Pianning Department 100.Soutti Myrtle Avenue Clearw�ter, Florlda 33756 Telephone; 727-562-4567 Fax:727-562-4865 � SUBMIT ORIQINAL SIGNED AND NOTARIZED APPLICATION �D SUBMIT 14 COPIES OF THE aRIGINAL APPLICATION • Plans 9nd app��Uon are required to be colleted, stepled, gnd folded Into sets � SUBMIT FIRE PRELIMARY SITE PLAN; $200.00 � SUBMI7 APPLICATION FEE $ _ �1 CASE #: RECEIVED BY (staff initiais); � DATE RECEIVED; _ _ � � /�� p0$ - 0 �-01 �j Vr..J � * NOTE:15 TOTAL 3ETS OF INFORMATION REQUIRED (APPLICATIONS PLUS SITE.PLAN SETS) . � . FLEXIBLE DEVELOPMENT APPLICATION � . (Revised 04/2�/2007) � �PLEASE TYPE OR PR�NT� � . . � A. APpLICANT, PROPERTY OWNER AND AGENT iNFORMATION: (Code 5ection 4-202.A) • APPLICANT NAME: , B i 11y Day � �. � MAILINGADDRESS: �473 Ea�st Shore prive Ctearwater, Fiorida 33767 . PHQNENUMBER:. �72�� !}t}�—]l+40 • FAXNUMBEft: ' CELLNUMBER: 4C�+i.g r�r� �_��,�� enn�u�: B I LLY@B�I LLYDAY.NET ti PRORERTYOWNER(S): tidilliam A..Day Li�ving Trus�C . LIstALL ovni9ro on the deed � .. . . AGENT NAME: M�4ILING ADDRESS: F'HONE NUMBER: CELL NUMBER: P RaJECT NAME: STREETADDRESS F'ARCEL NUMBER(S): �'ARCEL SIZE�(acrea): LECiAI DESCRlPTION: 1 S Assoctates _�]2]� 8�12—�11 51 ' FAX NUMBER: �72%� H21 -7255 �- ' � EM,v�: al@deuelengineer[ng.com LOPMENT INFORMATION: (Code Section 4•207.A) � `,/ V�i East Shore� Resort PROJECTVALUATION: $ 200�000 473 � 475 East Shore Q$/29/15/t64�4��3ioo6n_� 08/29/�Sii6434/nn�/on6o � • . PARCEL SIZE (square feet); 2] .90] T� }�� See attached PROPOSED USE(S): Resort Fac i 1 i t i es � + � \ . ��\ �ESCRIPTIONOFREQUEST: CO�StI'UCt 10 b08t 5•11 s�t an existin � unit motel. �x�ytln SPeciflcellyldentliytherequest 6 boat sli dock to be removed. The site has 25 exi�stin ark ng i�nclude nurtiber of units or square footageofnon-residentlaluseandali. SpaCes. CDB approval required to extend dock more than 75� requested code devlations; e.9. of th.e ro ert w I dth . Th� ro osed� dock� des i n i s cons i stant �eductlon In requlred number of . P�ingspaces,sPec�flcuse,etc,� with neighboring docking facilities. � � C:IDocumenb ond 9�ttinyaldenk.firywonlD�lc�op �nnlnpforma 07071FI�xibls D�vNopmsnt �RD) 04-14-0 . ,�� 1 of 7 �� . �� • � �� '. � �� . ��l��i� �� _ . /^G7V r'1I; l'1! rE.At!la.ir� .. ;� C DOES THIS APPLICATION INVOLVE THE TRANSFER OF DEVELOPMENT RIGHTS (TDR), A PREVIOUSLY APPROVED PLANNED UNIT DEVELOPMENT, OR A PREVIOUSLY APPROVED (CERTIFIED) SITE PLAN? YES _ NO X(if yes, attach a copy of the applicable documents) C. PROOF OF OWNERSHIP: (Code Section 4-202.A.5) � SUBMIT A COPY OF THE TITLE INSURANCE POLICY, DEED TO THE PROPERTY OR SIGN AFFIDAVIT ATTESTING OWNERSHIP (seepa9e�) �ee attac�ied deed. _ D. WRITTEN SUBMITtAL REQUIREMENTS: (Code Section 3-913.A) � Provide complete responses to the six (6) GENERAL APPLICABILITY CRITERIA — Explain how each criteria is achieved, in detail: 1. The proposed development of the land will be in harmony with the scale, bulk, coverage, density and charactet of adjacent properties in which it is located. See attachment 2. The proposed development will not hinder or discourage the appropriate development and use of adjacent land and buildings or signiflcanUy impair the value thereof. See attachment 3. The proposed development will not adversely affect the health or safety or persons residing or working in the neighborhood of the proposed use. See attachment 4. The proposed development is designed to minimize traffic congestion. See attachment 5. The proposed development is consistent with the commun'ity character of the immediate viciniry of the parcel proposed for development. See attachment 6. The design of the proposed development minimizes adverse effects, including visuai, acoustic and olfactory and hours of operation impacts, on adjacent properties. See attachment B1DIP..lAiAA ��%�� _ �' r 4 �� s ��'; G��,�+�3T'ffiW�sae�r C.��' ��' �,��i�� C:\Documents and Settlnps\derek.terguson\Desktop�planningforms_07071Flexlble Development (FLD) 04-24-07.doc Page 2 of 7 . � � East Shore Resort Written Submittal Requirements Flezible Development Apulication Section "D" The Marine Advisor� Board approved the proposed location and layout for the docking facility on Mazch 12 2008. The privately owned submerged lands on which the docking facility will be located adjacent to the waterside East Shore Resort will enhance the boater access to the resort and the Marina District as defined in the Beach By Design Criteria. The character of the boat docking facility will be complementary to the existing resort and surrounding community. The proposed dock is consistent with the existing 268 foot long dock structure to the south located at 419 East Shore Drive parcel identification number (PIl� 08-29-15-02592-003-0050 (Owner: Preston, Michael G. Tre) and the 255 foot long dock structure located at 401 East Shore Drive, PIN# 08-29-15-02592-003-0140 (Owner: Barefoot Bay of FL Inc.) and the 340 foot long dock structure located at 525 Mandalay Ave, PIN# OS-29-15-06449-000-0011 (Owner: Belle Hazbor Owner Assn. Inc.). From an aerial perspective one will see the proposed structure is aesthetically compatible to the surrounding eacisting structures. Following the "Beach by Design" redevelopment criteria we feel we are making the "Mari.na District a more pedestrian and boater-friendly destination". 2. As defined by "Beach by Design" the proposed dock will beautify and enhance the Marina District. The proposed expansion of the dock facilities will continue to serve existing uses, and also serve new uses as well. The proposed dock will not impose an impact on the development of any upland areas. The nearest dock south of the subject property is located at 463 East Shore Drive. And the nearest dock north of the subject property is located at 465 East Shore Drive. The proposed dock meets the city's required set backs as well as the required parking. The relief, which is sought, will not impact any adjacent property. As per the Development Standards of the Community Development Code the proposed dock does not encroach the allowable setback of other commercial properties, which is noted as ten percent of the subject properties width measured at the waterfront. Nor does the proposed dock encroach the allowable setback of one-third the width of the subject property measured at the shoreline, which is abutting single-family or two-family properties. With approval of the Community Development Board a dock may extend up to twenty-five percent of the waterway width. The proposed dock extends less than twenty-two percent of the waterway width and is consistent in length and design with the existing dock structures in the Marina District. Thus, safety and navigability of the adjacent waterway will not be impacted. 4. The proximity to the proposed dock is located close to East Shore Resort and persons traveling to and from the proposed dock will not create a significant burden to traffic congestion. Ideally the proposed facility will provide an alternative mode of transportation thus alleviating traffic congestion even further. Beach by Design states that "additional parki.ng flexibility may be provided regarding number and location of parking spaces to serve overnight accommodations". QRIC�9lI�, ��"ER �...�,,, , � 2�� i�f�l�`�r.�R�� t�;��'�i�h�� iTY UF �i.Efi�t:�Vt��'ER • • 5. The proposed dock is intended to provide the public with better enjoyment of the waterfront as referenced in Beach by Design. The site is in an excellent location and compliments the character of the adj oining properties. The surrounding area is devoted to the public's enjoyment and use of space, recreation, beach and waterways. 6. The proposed dock will not impose an impact on the development of any upland areas. The dated six slip dock is to be removed allowing the construction of a new ten slip dock thus, enhancing the character of the surrounding area. Pilings and/or tie poles shall conform to the minimum standazds and are shown in detail on the details and specifications sheet of the plan set. There will be no onsite live-aboard vessels, fueling facilities or wastewater pump-out service provided at the proposed dock. Each of the ten proposed slips at the new dock shall have power and water service provided. There will also be an extension of the existing water line for fire services. An onsite attendant will be available 24 hours a day, seven days a week. Components of the FDEP Clean Marina Program that will be incorporated in the facility are (i) manatee awareness and educational signs; (ii) seagrass and coral educational signs posted on the boardwalks; (iii) development of a hurricane prepazedness plan; (iv) prevention of vessel maintenance and cleaning at the site; (v) installation of signs educating boaters of proper waste disposal. �RIC�NA� 4�EC�'�Ci -� ?�Q� ��I�tiaGi�R�6�� lF��?��II��T �IIY C?� C.�.F.�l�Vn?�R � � WRITTEN SUBMITTAL REQUIREMENTS: (Flexibillty Criteriaj � Provide complete responses to the applicable flexibility criteria for the specific Use as listed in each Zoning District to which the waiver is requested (use separate sheets as necessary) — Explain ow each criterla is achieved, in detail: E. STORMWATER PLAN SUBMITTAL REQUIREMENT$; (City of Clearwater Manual and 4-202.A.21) Design Criterla �� A STORMWATER NARRATIVE MUST BE SUBMITTED WITH ALL APPLICATIONS. All applicaUons that involve addition ormodificadon of Impervious surface, including buildings, must include a stormwater plan that demonstretes compiiance with the C(ty of Clearwater Storm Drainage Deslgn Criteria manual. A reductlon in impervious surFace area does not qualify as an exemption to this requirement. ❑ Ifa plan is not required, the narrative shall provide an explanation as to why the site is exempt. ❑ At a minimum, the STORMWATER PLAN shall include the following; ❑ Existing topography extending 50 feet beyond all property Iines; ❑ Proposed greding including flnished floor elevations of all sWctures; ❑ NI adjacent streets and municipal storm systems, ❑ Proposed stormwater detention/retenUon area including top of bank, toe of slope and outlet control structure; � A narraUve describing the proposed stormwater control plan including all calculaUons and data necessary to demonstrate compliance with the City manual. ❑ Proposed stormwater detenUon/retenUon area lncluding top of bank, toe of slope and outlet control sVucture; • O. Signature and seal of Florida Registered Professional Engineer on ail plans and calculaUons. � COPY OF PERMIT INQUIRY LETTER OR SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT (SWFWMD) PERMIT SUBMITfAL (SWFWMD approval is required prior to issuance of City Building Permit), if applicable � ACKNOWLEDGEMENT OF STORMWATER PLAN RE4UIREMENTS (Applicant must initial one of the following): Stormwater plan as noted above is included Stormwater plan is not requ(red and explartation narrative is attached. At a minimum, a grading plan and finished floor AC levations shail be provided. . CAUTION — IF APPLICATION REVIEW RESULTS IN THE REQUIREMENT FOR A STORMWATER PLAN ' AND NONE HAS BEEN SUBMITTED, APPLICATION MUST BE RESUBMITTED AND SIGNtFICANT DELAY MAY OCCUR. If you have questlons regarding these requirements, contact the City Public Works Administration Eng(neering Department at (727) 562-4750. F. SUPPLEMENTAL SUBMITTAL REQUI'ftEMENTS: (Code Section 4-202.A) � SIGNED AND SEALED SURVEY (including legal descripUon of property) — One original and 14 copies; C� 1REE SURVEY (Including exisUng Vees on site and within 25' of the adjacent site, by species, size (DBH 4" or greater), and locatlon, induding drip lines and indicating trees to be removed) — please design around the exist/ng trees; ❑ TREE INVENTORY; prepared py a'certified arborist", of alI trees 4" DBH or greater, reflecUng size, canopy (drip lines) and condition of such trees;. � /� ! � LOCATION MAP OF THE PROPERTY; � ❑ pARKING DEMAND STUDY in conjunction with a request to make deviations to the parking standards (le. Reduce number of spaces). pdar to the submittal of this applicaUon, tha methodology of such study shali be approved by the Community Development Coordfnator and shall be fn accordance with accepted traffic enginee�ing principles. The find(ngs of the study will be used in determining whether or not deviations to the parking standards are approved; � GRADING PLAN, as applicable; ,�� PRELIMINARY PLAT, as required (Note: Building permits will not be issued until evidence of recording a final plat is p�� 0 �pPY OF RECORDED PLAT, as applicable; and --- � _r, - —a- . u �'170� (RD) 04-24-07. �� Ki�� CItY O� �.�+�' � G. SITE pLAN SUBMITTAL REQUIREMENTS: (Section 4-202.A) � SITE PLAN wlth the following information (not to exceed 24" x 36"): � � Index sheet referencing individual sheets included in package; � North arrow; � Engineering bar scale (minimum scale one inch equals 50 feet), and date prepared; � All dimenslons; � Footprint and slze of all EXISTING bufldings and structures; � Footprint and size of all PROPOSED buildings and structures; � All required setbacks; � All existing and proposed points of access; � All required sight trlangles; IdenUficatlon of environmentally unique areas, such as watercourses, wetlands, Vee masses, and specimen trees, including ,� descripUon and location, of understory, ground cover vegetaUon and wildlife habitats, etc; Location of all public and private easements; ,� LocaUon of alI sVeet rights-of-way wlthin and adjacent to the slte; Locatlon of existing public and private uUlities, Including fire hydrants, storm and sanitary sewer lines, manholes and lift stat(ons, gas � and water Iines; � All parking spaces, driveways, loading areas and vehicular use areas; � DepicUon by shadfng or crosshatchfng of all requfred park(ng lot interior Iandscaped areas; � Locatlon of all solid waste conta(ners, recycling or trash handiing areas and outsfde meshanical equlpment and all required screening � {perSection 3-201(D)(i) and Index #701}; ,j�,(� Locatlon of all landscape materlal; � Locatlon of all onsite and offsite.storm-water management facillUes; � LocaUon of all outdoor ItghUng fixtures; and � Location of all exisdng and proposed sidewalks. � SITE DATA TABLE for existing, requlred, and proposed development, in written/tabular form: �Land area in square feet and acres; Number of EXISTING dwelling units; � Number of PROPOSED dwelling units; J� Gross floor area devoted to each use; _ Perking spaces: total number, presented (n tabular form with the �, number of required spaces; Total peVed area, inciud(ng ali paved parking spaces 8 driveways, � expressed In square feet 8� percentage of the paved vehicular area; Official records book and page numbers of all existing utility � easement; � Building and structure hefghts; � Impermeable surface ratio (I.S.R.); and � Floor area ratio (F.A.R.) for all nonresidential uses. � REDUCED COLOR SITE PLAN to scale (8'/� X 11); N/A EXISTING REQUIRED PROPOSED 1 +�—+ 0 . i. 2�i 25 � FOR DEVELOPMENTS OVER ONE ACRE, provide the following additlonal informatlon on sRe plan: _ One-foot contours or spot elevatlons on site; _ Offsite elevallons if required to evaluate the proposed stormwater management for the parcel; _ All open space areas; , Location of all earth or water retaining walls and earth berms; _ Lot lines and building lines (dimensioned); _ Streets and drives (dimensioned); , Buildfng and structural setbacks (dimensioned); _ Structural overhangs; �� '��.`�" � r � � `��o� �� _ . �� Q� ��tiR �_L1 `� a� �� C:\Documenta end Settlngslderlk.ferpusonlDesktoplplanninpfortna_07071FIexlble Devslopmenl (FLD) 04-24-07.dx Page 4 of 7 . � H• LANDSCAPING PLAN SUBMITTAL REQUIREMENTS: (Section 4-1102.A) � IANDSCAPE PLAN with the following informatlon (not to exceed 24" x 36"): N�A U 0 _ Ail existing and proposed structures; _ Names of abutting streets; _ Drainage and retention areas including swales, side slopes and bottom elevations; _ Delineatlon and d(mensfons of all required perimeter landscape buffers; • _ Sfght visfbfliry Vfangles; ,_ Delfneation and dimensions of all park(ng areas inciuding landscaping islands and curbing; Existing Vees on-slte and immediately adjacent to the site, by species, size and IocaUons, including driplines (as indicated on required _ tree survey); Location, size, and quanUtles of all existing and proposed landscape materials, Indicated by a key relaUng to the p4ant schedule; Plant schedule with a key (symbol or label) indica8ng the size, description, specificaUons, quantides, and spacing requfrements bf all ,_ existlng and proposed landscape materials, Including botanical and common names; Typ(cal plantlng details for trees, palms, shrubs and ground cover plants including instructions, sofl mixes, backfllling, mulching and _ protective measures; Interlor landscaping areas hatched and/or shaded and labeled and interior landscape coverage, expressing In both square feet and _ percentage covered; _ Conditions of a prevfous development approval (e.g. condlUons imposed by the Community Development Board); _ IrrigaUon notes. REDUCED COLbR LANDSCAPE PLAN to scale (8 %: X 11); COMPREHENSIVE LANDSCAPE PROGRAM applicatlon, as applicable. Landscape associated with the Comprehensive Landscape Program shall exceed minimum Code requirements to offset the areas where minimum Code w111 not be met. 1. BUILDING ELEVATION PLAN SUBMITTAL REQUIREMENTS: (Section 4-202.A.23) 0 BUILDING ELEVATION DRAWINGS — with the following information; N/A _ All sides of all buildings; Dimensioned; ,_ Colors (provide one full sized set of colored elevations); Materials; � REDUCED BUILDING ELEVATIONS — same as above to scale on 8'/a X 11. N/A �. SIGNAGE: (Division 19. SIGNS / Section 3-1806) C � All EXISTING freestand(ng and attached signs; Provide photographs and dimensions (area, height, etc.), indicate whether they will be removed or to remain. N/A All PROPOSED freestanding and attached slgns; Provide details including location, size, height, colors, materials and drawing; freestanding signs shall include the street address (numerals) N/A � Comprehensive Sign Program application, as applicable (separate application and fee required). N/A � Reduced signage proposal (8'h X 11) (colo�), if submitting Comprehensive Sign Program applicatlon, P1/A C:\Documents end Sa�inga\derek.ferpuson\Desktop\plannlnyForma 0707�Flexlble Devslopment (FLD) 04•24-07.doc. Page 5 of 7 . �� '�� ap� �� : �: � `, ... ��v��`'�`, ��.� ;-,�. ��; �c� I�� Q� ��.� , �1� � � K. TRAFFIC IMPACT STUDY: (Section 4-202.A.13 and 4-801.C) � Include if required by the Traffic OperaUons Manager or his/her deslgnee or if the proposed development: ■ Will degrade the acceptable level of service for any roadway as adopted in the Comprehensive Plan. ■ �II generate 100 or more new vehlcle dlrectlonal trips per hour and/or 1000 or more new vehicle trips per day. • Wlll affect a nearby roadway segment and/or intersection with flve (5) reportable accidents within the p�ior twelve (12) month period or that is on the City's annual list of most hazardous intersections. Trip generaUon shall be based on the most recent edition of the Institute of Trensportadon Engineer's (ITE) Trip General Manual. The Traflic Impact Study must be prepared in accordance with a`Scoping Meeting" held with the Trafflc Operetlons Manager and the • Plann(ng DepartrnenYs Development Review Manager or their designee (727-562-4750) Refer to Section 4-801 C of the Community Development Code for exceptlons to this requirement. � Acknowledgement of traftic impact study requirements (Appliqnt must fnitial one of the following): Traffic Impact Study is included. The study must include a summary table of pre- and post-development levels of service for all roadway legs and each tuming movement at all IntersecUons identlfied in the Scoping Meeting. �Traffic impact Study is not required. ��T�__ CAUTION — IF APPLICA770N REVIEW RESULTS IN THE REQUIREMENT FOR A TRAFFIC IMPACT STUDY AND NONE HAS BEEN SUBMITTED, APPLICATION MUST BE RESUBMITTED AND SIGNIFICANT DELAY MAY OCCUR. If you have questlons regarding these requirements, contact the City Public Works Administration Engineering Departrnent at (727) 562- 4750. L. FIRE FLOW CALCULATIONS/ WATER STUDY: Provide Fire Flow Calculations. Water Study by a FIRE PROTECTION ENGINEER to assure an adequate water supply is available and to determine if any upgrades are required by the developer due to the impact of this pro)ecK. The water supply must be able to support the needs of any required flre sprinkler, standpipe andlor fire pump. If a fire pump is requfred the water supply must be able to suppiy 150% of its rated capacity. Compliance with the 2004 Florida Fire Preven8on Code to InGude NFPA 13, MFPA 14, NFPA 20, NFPA 291, and MFPA 1142 (Annex H) is required. 0 Acknowledgement of fire flow calculatlons/water study requtrements (Applicant must Initlai one of the following): Fire Flow Calculations/Water Study is included. d/1(/ Fire Flow CalculaUons/Water Study Is not required. _t_r� CAUTION — IF APPLICATION REVIEW RESULTS IN THE REQUIREMENT FOR A FIRE FLOW CALCULATIONS/ WATER STUDY AND NONE HAS BEEN SUBMITTED, APPLICATION MUST BE RESUBMITTED AND SIGNIFICANT DELAY MAY OCCUR. If you have questions regarding these requirements, contact the City Fire Prevendon Depar6nent at (727) 562-4334. M. SIGNATURE: I, the undersigned, acknowledge that all representations made in this application are true and accurate to the best of my knowledge and authorize City representaUves to visit and photograph the property described in this application. Signature of property owner or representative STATE OF FLORIDA, COUNTY OF PIN Swom nd subscr'bed before me this , A.D. 20 r ,,who is as My *_" Notary Public C:SDowments and Seltlnps\derok.ferQuson\Desktop�plar I�Q�IfR1lIb01�1M@'�¢{��l (I��) ��C�1US6:'�$ P e° �u��j My Commission �xpiret� �Y Augusr 15, 2014 liay of to me and/or by allv known has . _ J _ ��0� iA��y��t9� o,�f'��R'�'1�r��' �� ,�!'��i i� �� r— tr . . � i N. AFFIDAVIT TO AUTHORIZE AGENT; 1• Provide names of all property owners on deed — PRINT full names: William A. Day, Trustee of The William A. Day Revoca6.le Trust 2. That (I am/we are) the owner(s) and record dtle holder(s) of the following described property (address or general location): , � 473 East 9iore Drive,.Clearwater, F1 3. That this property constltutes the property for which a request for a: (describe request) 4. That the undersigned (has/have) appointed and (doesldo) appoint Alhert P. Carrier, P.E. / Deuel � Associates: as (hls/their) egent(s) to execute any pedtlons or other documents necessary to affect such petition; 5. That this affidavft has been executed to induce the City of Clearvvater, Florida to consider and act on the above described property; 6. That slte visits to the property are necessary by City representa8ves in order to process this applicetlon and the owner authorizes City represenhtives to visit and photograph the property described in this applicatlon; 7. That (Ihnre), the undersigned autho h certify that the foregoing is true and correct �� Property Owner Properly Owner Property Owner Property Owner STATE OF FLORIDA, COUNTY OF PINELLA3 Before me the undersigned, an offtcer duly commissioned by the laws of the State of Florida, on this �� day of �1� � personally appeared 1 1�1 who having been first duly swom Deposes and says that he/she fuliy understands the wntents of the affldavit that he/she�slgned. � Notary Seal/Stamp � Notary Rublic SI nature MyCommissfonExpires: � �A��EId . GAUGHLIN Ina„� .n 9��hlir � AAy Commission Expires August 15, �014 ��r � � . �� C:WocumeMa end SettlngsWerek.terpusonlDssktop�plannlnpfarma 0)O7�Flaxibl� tScvobpment (FLD) 04-24-07.dx w, "y i'� "�0� �p� Pago 7 of 7 �, �g� 4: ��,�� ' �� Q� �� n u LEGAL DESCRIPTION: L.OTS 6 ANb 7, BLOCK B AND LOTS 6 AND 7, BLOCK C, A RE-PLAT OF BLOCK "A" AND LOTS 1 TO 15 INCL. BLOCK "B" OF CLEARWATER BEACH FIRST ADDITION, AS RECORDED IN PLAT BOOK-� 21, PAGE 21, PUBLIC RE:CORDS OF PINELIAS COUNTY, FLORIDA. FLOOD ZONE: AE - ELEV. 11.0 MAP PANEL N0: 12103C0102G � REVISED MAP: SEPTEMBER 03, 2003 �. ,��`�� ,�oQ� ��, �� '��R r ;}� %'a�r�� vJ�� -��..�u l�luivauy v�uu�.� iviaN� � � Page 1 of 1 ` - �� E";� C.� �,��'° �'� �� .. ��r` Map; 473 E Shore Dr, Clearwater, FL 33767-2033 Find it in the 2008 Road Atlas •page 25, Tampa / St. Petersburg detail map •page 26, grid section 7-6 � � .• ;�� . � - � ',,� �� '�.�Q �� , , �,e�,!�''A��' ��i� ��R . �.�� C',�. � • K. TRAFFIC IMPACT STUDY: (Section 4-202.A.13 and 4-801.C) � Include if required by the Traffic Operations Manager or his/her designee or if the proposed development: Will degrade the acceptable level of service for any roadway as adopted in the Comprehensive Plan. • Will generate 100 or more new vehicle directional trips per hour and/or 1000 or more new vehicle trips per day. • Will affect a nearby roadway segment and/or intersection with five (5) reportable accidents within the prior twelve (12) month period or that is on the City's annuai list of most hazardous intersections. Trip generation shall be based on the most recent edition of the Institute of Transportation Engineer's (ITE) Trip General Manual. The Traffic Impact Study must be prepared in accordance with a"Scoping Meeting" held with the Traffic Operations Manager and the Planning DepartmenYs Development Review Manager or their designee (727-562-4750) Refer to Section 4-801 C of the Community Development Code for excepdons to this requirement. � Acknowledgement of tra�c impact study requirements (Applicant must initial one of the following): Traffic Impact Study is included. The study must include a summary tabie of pre- and post-development levels of service for all roadway legs and each turning movement at all intersections identified in the Scoping Meeting. `�� Traffic Impact Study is not required. CAUTION — IF APPLICATION REVIEW RESULTS IN THE REQUIREMENT FOR A TRAFFIC IMPACT STUDY AND NONE HAS BEEN SUBMITTED, APPLICATION MUST BE RESUBMITTED AND SIGNIFICANT DELAY MAY OCCUR. If you have questions regarding these requirements, contact the City Public Works Administration Engineering Department at (727) 562- 4750. L. FIRE FLOW CALCULATIONS/ WATER STUDY: Provide Fire Flow Calculations. Water Study by a FIRE PROTECTION ENGINEER to assure an adequate water supply is available and to determine if any upgrades are required by the developer due to the impact of this project. The water supply must be able to support the needs of any required fire sprinkler, standpipe and/or fire pump. If a fire pump is required the water suppiy must be able to supply 150°/a of its rated capacity. Com K�v ry� the 2004 Florida Fire Prevention Code to include NFPA 13, MFPA 14, NFPA 20, NFPA 291, and MFPA 1142 (Annex H) is required. ia.i.''..i%1 V iP� � Acknowledgement of fire flow calculations/water study requirements (Appiicant must initial one of the following): r �^ Fire Flow Calculations/Water Study is induded. �•- ��' �� l� Fire Flow Calculations/Water Study is not required. ,f��N��7 D� CAUTION — IF APPLICATION REVIEW RESULTS IN THE REQUIREMENT FOR A FIRE FLOW C�TY DI= �L�i CALCULATIONS/ WATER STUDY AND NONE HAS BEEN SUBMITTED, APPLICATION MUST BE RESUBMITTED AND SIGNIFICANT DELAY MAY OCCUR. If you have questions regarding these requirements, contact the City Fire Prevention Department at (727) 562-4334. M. SIGNATURE: I, the undersigned, acknowledge that all representations made in this application are true and accurate to the best of my knowledge and authorize Ciry representatives to visit and photograph the property described in this application. Signature of properry owner or representative STATE OF FLORIDA, COUNTY OF PI� Sworn and subscrjbed before me this uQR� . A.D. 20 as identification. Notary My cor � i3 (dotary Public C:\DOCUments and Settings\derek.ferguson\Desktop�plar r��RRAlI[OID141�0%{1(I��) {�Cl�518itC�1U5@:�i PBB��j� �/ COfl1R11551C3f9 EX¢JII'ESJ� �� August i5, 2014 liay of to me and/or by 311y known has � N. AFFIDAVIT TO AUTHORIZE AGENT: 1. Provide names of all property owners on deed - PRINT full names: . William A. Day, Trustee of The William A. Day Revocab.le Trust 2. That (I am/we are) the owner(s) and record tiUe holder(s) of the following described property (address or general location): 473 East 9iore Drive, Clearwater, F1 3. That this property constltutes the property for which a request for a: (describe request) ��,� �� - _. . ., `i L��{i� 4. That the undersigned (has/have) appointed and (does/do) appoint � `�� '��;�pt Albert P_Carrier, P^E. / Deuel � A�sociates.!_� ��"1r(�1F(;��1jj�j� as (his/thelr) agent(s) to execute any peUtions or other documents necessary to affect such petition; 5. That this affidavit has been executed to induce the City of Cleanvater, Florida to consider and act on the above described property; 6. That site visits to the property are necessary by City representatives in order to process this application and the owner authorizes City representafives to visit and photograph the property described in this applicadon; 7. That (I/we), the undersigned author' h e certify that the foregoing is true and correct. � - -- ------- ----�'------- ------------- ---- -�_.��------------- Property Owner Property Owner Property Owner Property Owner STATE OF FLORIDA, COUNTY OF PINELLAS Before me the undersigned, an officer duly commissioned by the laws of the State of Florida, on this u___O\��i _ day of �.,��,��___ personally appeared _ ` 1.1 �'__� who having been first duly swom l- - �� ------- Deposes and says that he/she fully understands the contents of the affidavit that he/she signed. Notary Public Si�4 nature Notary Seal/Stamp My Commission Expires: 4Q��EPI . GAUGHLIN .,..�,�,��,.��..�...,�, .. .�`�, ��d�'"�:,,., My Commission �xpires _��?!::`��iY� � !��°��'• August 15. 2014 "'*'-�l;c�� ^�y �. ��%; �.t. `� - +,.. = � :, �``¢'; k;✓ : :' . ':' �„ �� ' .„ C:\Documents and SetlingsWerek.ferpuson\Desktoplplannlnpf�yo,r.ma 0707�F1exIbl��Dye'�p�ent (FLD) 04-24-07.doe rgge7o�7✓,,�In�ia��° ''?; . Gtf� • ,. '+�'3 6 ��., � z�� + . '� Kand McNally Unline Maps � � Page 1 of 1 '' . �. Map: 473 E Shore Dr, Clearwater, FL 33767-2033 Find it in the 2008 Road Atias •page 25, Tampa / St. Petersburg detail map •page 26, grid section J-6 �- : ,. � ,�.1µ ,".�; I:.. � �,.�:J�i,� .� ,z �, � . �. � �;� r� ,!. , - �...,, .� * -:.�. �,..�� . .,�`._�.d�� . � � ,, � � � LEGAL DESCRIPTION: Lots 6 and 7, Biock C, A RE—PLAT OF BLOCK "A" AND LOTS 1 TO 15 INCL. BLOCK B OF CLEARWATER BEACH FIRST ADDITION, as recorded in Plat „ „ Book 21, Page 21 , Public Records of Pinellas County, Florida. ,.+.� r t � t� 9 L., .... . . .. .. �,...��.�� . ....Tl� � F�" � . .�. ..�_'_.. r .. , . Y�L T[J.P dJ '�l•' i I� KI� � WHITE, P.A. ` 26059 U.S. HWY 19 N. STE. 203 CI.EIIAWATER� FL 34621 IN5T # 92-246828 a1y.;j� 003 AUG 2Ar 1992 7i32PM WARRANTY DE�D �` ,' pl�+e��AS COWNTY FI.A. _:..... `O�F . REC . @K 8009 P'G 97 � s f .,. ,:. : TNIS INDENTURE. en�d� this 2 d�y d'/r to62. BetwMn RONALD E. PERRO7T and JOAN M. PERROIT, hu�d aed wlb-5w��(•) 212-30-1b91 and 213-9�-8128� respactfvaly, of thr County d Pin�llas. st�te ol Florld�l,:Or�mor, ind WILLIAM A. DAII, TRUSTEE OF THE, WILLIAM D Y� REVOCABLE UVINO TRL�8T ��FD AUOUBT Z0, 1992 . 8ocul SacudtY No(s) D/O �/0 �40� , whos� post omee �ddri�s:�li`t�d6 LAKEVIEW AVENUE, ORACUT, MA 01826, of Ihs County ot , Suts ol '' . pnntea, WfTNESSEiN: Thtl eakd pnntar. !w �nd In con�id�Uon �l,1i4i°sum of T�n �nd aoN00 (510.00) DoYan, and olh�t good and valwbla considsrations to uid yranlor :�n �an� ` by ��Ed pnntsa, the raeelpt whereol le haraby acknowledqed, hes pnnted, bvy�ined snd sold lo th� a1W yranlas's haks, wcce�aon and �stlyns loraver, the iouow4+e ceumod w+d eMua�a ylnp u+d be�ny In PINECiJ4S unty, Fwdd.. toavn: LOTS 6 and 7. in BLOCK •C", accor�log;to A RE-PLAT OF BLOCK "A" ot CLEARWATER BEACH PARK FIRS7 ADDITION, ss r�Fard�d it� Plat Bpok 21, pap� 2i of th� Public R�cords of Pinellas County. Flor�da. SL3BJEC7 TO COVENAN7'S. TAXES FOR THE YEAR 19f THE PRaPERTY BEIN�3 WARRANTIES EXPRESSI RESERVATIONS. EASEMENTS OF RECORD ANO ENT YEARS. NEREIN IS SOLD IN "AS IS" CONDIt10N, WITHOUT THIS IS NOT NOW NOR �R..WAS BEEN THE HqM�STEAD PROPERTY OF THE (iRANTORS 7he property appr�ris�.r's parcN tdontificatlon numb�� oi tho proporty ts 08/28/15/18434/QI?3/0�6D, u+d aEd pr�ntor dosa hersby Wlly wuanl the tltla lo eald land, and will delend the same against the lah+lul,'cyd2a o1•:ul panons whomsoaver. IN WITNES$ WFIEREOF, cirantor hss hmaunto eat yrentor's Iund �nd aeel the day and yaar Nrst above wdtten. signed, le¢'and Qel�varad in o s _ i� ` •~ _ C ��..-i /'_`_', - - AM J. KIMP'1'ON . (� �,�r�, ; �•,,��i �. � ��- , J/"� ��' ' —��--' �603A169 6GG QB-24-92 i7:06:31 Oi IND— fJILLIP,M P. D(,Y ��pgT.t�,_ i 46.OQ DOC STAMPS FOR DR-214 3�2�2�:O.DO TOiPI: f2s2k6.OD CHECK 1MT.TENDERF,�: 52,2�►6.00 CH1',NGE: �D. DO STATE OF FLORIDA COUNTY OF PINELLAS The lorogoing Inabumant wn acknowledyed ba! E. PERROTT end JOAN M. PERAOI7, h snd wl Drivers' Llcanas(n) and who ddldld n �/ v __ N �b� �.�►ts�! y com�.,�on �u 1 : : S _ ---- � / ,.. _.---� a�;y,o ptxvmrntary Talc Pd. 5.... •••• '.'a. ...._-- f . ................ lora� ^:h! Ta. '.i Y.� ... , �� . . me thb ��r dry of �Cby RONA4D le, who bJue personatly Im w ma or who hrve produoed s p�� . ��, �i�:��., � ati.0'S�f� . � •' . W1LUAlD'I J. KQY�'l�ON .:v.� ' es: N� Publlc� rot� ot .,1 + �. ,. • I �( � , �- � � s rta . '.� / . ,� '..�.. . Y Ccmmisolp� �P1ros .� t MAY 18�h. 1533 � . . •' r,..• : `t � .� .. Oondod Thru Cen. Ini. Und ' .. � ��t �ir.• .IJ27.i�4 / �� . J �� ' �ARLEEN F. L�EFSLAKEk. CLEFtK RECOkII VERIFIED bYt �jd • f. V �•, ��• �.r.: t�,. 'R'F ,�,�. ��' ?'k! ,i�',r. ; -;,: . � ;w„: � � _ � ; : " 4 � � . � i.. ; Y., ::� k � G�, � ..� ` ° , s . • East Shore Resort Letter of Incompleteness Comment Resuonses 1. The existing off street parking and on street parking spaces have been added to the site plan. The off street parking areas have been revised to show the proposed landscaping. 2. Aunlication is confusing and disconnected: a.,b.,c.,d.,e.) The survey has been updated to include both properties: 473 East Shore Drive and 475 Poinsettia Street. f.,g.) East Shore Resort which includes both properties at 473 East Shore Drive and 586 Poinsettia Street has a total of 14 motel units. East Shore Resort has 14 off street parking spaces and 11 on street parking spaces for a total of 25 parking spaces. City code requires 1 parking space for every 2 boat slips. We are proposing to construct 10 boat slips. 14 of the 25 parking spaces will be dedicated for the 14 motel units and 5 additional parking spaces will be dedicated for the 10 boat slips for a total of 19 parking spaces. Mr. William Day, property owner at the time of C.D.B. approval will relinquish 8 of the 14 parking spaces currently under the business tax receipt to meet the 19 parking space requirement for the motel and boat slip development. h.) It is the intent of East Shore Resort to lease/rent all 10 proposed boat slips to both, non-guests and guests of the Resort. 3. Parcel sizes have been added to the site plan. 4. Please fmd attached the $200.00 fire fee. 5. Trees on adjacent parcel have been added to the site plan. 6. The proposed fire line will be constructed under existing concrete and along the face of the seawall. No trees will be impacted. 7. See revised application. 8. See revised application. 9. Must qrovide resnonses to the following Flezibilitv criteria for "marina facilides" of Section 2-803.E Marinas and marina facilities. 1. The dock is designed to avoid existing Cuban Shoa1 sea-grass beds, see site plan and attached benthic survey prepared by Woods Consulting, Inc. 2. The upland parcel of land is zoned Tourist District— no proposed commercial activities are proposed other than slip rentaUlease to recreational only vessels. 3. a-d. No upland development is proposed. 4. No upland development proposed. ��4�'��' �{��'i"�''� �?�j�` �) � ��Q� . � �L�IVr'�++�^ i��t�'t��T G�Y �F Ci�k�',�� . , , • • 5. See revised report. 10. Must comqlv with the nrovisions of Section 3-601.C.3 Commercial docks. a. Use and compatibility. i) The principal use of the property is a 14 unit motel with accommodating facilities. The proposed dock will complement the resorts use by providing an alternate means of transportation and an added amenity. ii) The neighborhood is in an area of North Clearwater that has motels, restaurants, shops and multi-family developments. The proposed dock is similar in size and use as several other existing docks in the neighborhood and is in harmony with the surrounding area. iii) The proposed dock is similar in size and use as several other existing docks in the neighborhood and is in harmony with the surrounding area. b. The proposed dock is within twenty five percent of the waterway width and will not hinder boater navigation in the existing channel. The proposed dock is of similar character and size of several existing docks in the area. c. The design of the proposed dock is consistent with the surrounding dock structures in the immediate area and will not impose an impact on the development of any upland areas. The proposed dock meets both adjacent property setback requirements and the dock will not limit the use of the adjacent upland properties use of the water. d. Imnacts on marine environment. i) In consideration of surrounding marine and/or aquatic life the design of the dock avoids impacts to the Cuban Shoal sea-grass. Please see attached Benthic Survey and Site Plan. ii) In consideration of surrounding marine and/or aquatic life the design of the dock avoids impacts to the Cuban Shoal sea-grass. Please see attached Benthic Survey and Site Plan. e. Impacts on water qualitv. i) The docking facility is designed to be capable of accommodating up to ten (10) boats maximum. Four (4) of the boat slips are a maximum of 50 feet in length and six (6) of the boat slips are a maximum of 40 feet in length. The dock layout provides for a 1.5 times the boat length turning radius to give adequate space for vessel movement. The design of the facility is such that no slip is located in less than 6.9 feet of water at mean low water, thereby providing sufficient depths for all vessels anticipated to be moored at the facility and adequate distance between the vessel bottom and the waterbody bottom for water circulation. ii) The docking facility will be constructed on piles to avoid impacting the marine environment. The dock has been designed to avoid the existing Cuban Shoal sea grass adjacent to the seawall, see site plan and bathymetric report. �{tiCINAL �� .: ;�` 2 � �a0� �� G�Y �� 2e�'Ai� M � ' � • . m f. Impacts on natural resources. i) The dock has been designed to avoid the existing Cuban Shoal sea grass adjacent to the seawall, see site plan and bathymetric report. The dock has been designed to allow manatees, wading birds, fish and other fauna to have unrestricted access to the existing sea grasses. The dock will be constructed adjacent to the East Shore Resort, an existing facility on the intracoastal waterway. Turbidity barriers will be install and maintained throughout the construction process to protect sea grasses. There will be no impact to the beaches or shoreline of Clearwater Beach. ii) The dock has been designed to avoid impact to the existing Cuban Shoal sea grass adjacent to the seawall. The dock will be constructed adjacent to East Shore Resort, a fully developed upland site that boarders the intracoastal waterway with a'seawall. The dock has been designed to allow manatees, wading birds, fish and other fauna to have unrestricted access to the existing sea grasses. Turbidity barriers will be install and maintained throughout the construction process to protect sea grasses. �. Imqacts on wetlands habitat/uplands. The proposed dock will complement the existing resort and the North Clearwater Beach neighborhood and the dock is consistent with other developments in the area. h. Dimensional standards. i) The total upland shoreline length is 120.00 feet. The allowable setback to the commercial property to the south is ten percent of the shoreline length or 12.00 feet. The proposed south setback is 12.2 feet. The allowable setback to the residential property to the north is 1/3 of the shoreline length or 40.00 feet. The proposed north setback is 40.00 feet. ii) The total upland shoreline length is 120.00 feet. With approval of the Community Development Board a dock may extend up to twenty-five percent of the waterway width. The proposed dock length is 248.6 feet or less than twenty-two percent of the waterway width. The dock is consistent in length and design with the existing dock structures in the Marina District. Thus, safety and navigability of the adjacent waterway will not be impacted. iii) The total upland shoreline length is 120.00 feet. The allowable dock width is 90.00 feet. The proposed dock width is 67.80 feet. iv) No covered boatlifts are proposed. v) Deviations. The dock facility extends beyond 25 percent of the waterway width and the Applicant requests flexible development from this requirement. As previously discussed, the dock will extend approximately twenty two percent of the allowable twenty five percent of the waterway width. 11. Must complv with the nrovisions of Section 3-603 Section 3-603. Marinas and marina facilities. A. None of these activities are proposed. �� "�� ►4�s i� � �� %°�� l�►td��#�a► ��'P�� G�'t�F C:�4°J�;�� ' •,. _,.,� B. No fueling, servicing or launching facilities are proposed. C. No fuel storage facility or sanitary pump-out station is proposed. ! D. The proposed dock layout and use was presented and approved to the Marine Advisory Board on March 12, 2008. The dock was also reviewed by William Morris, Director of Marine and Aviation, and Mr. Morris's comments have been added to the construction plans E. Please see previous for discussion of avoidance of impact on natural marine habitats, including the benthic survey (attached). The docking facility has been designed to completely avoid all impacts to natural resources. F. Public restrooms are located adjacent to the pool area at the East Shore Resort and are available to the marina users 24 hours a day. G. Manatee awareness signs will be posted on the docking facility. H. No fueling will occur at this location. I. The dock will be constructed on piling only to aid in tidal flushing and aquatic circulation. There will be NO construction that will inhibit tidal flushing such as groins or breakwater. J. Acknowledged. 12. Need to nrovide the width of the nroAOSed dock. Section 3-601.C.3h.iii The maximum width of the dock is 67.8-feet. The proposed dock is 248.6-feet. With approval of Community Development Board a dock may extend up to twenty-five percent of the waterway width. The proposed dock extends less than twenty-two percent of the waterway width and is consistent in length and design with the existing dock structures in the Marina District. �?Rt�INA�I. ��D �°��t�' 2 �4 2d0� f •• �1.f"\I�IM�^M �� t��'if C�F C��Vii�o`�' � Beach by Design Additional Incentives In addition to the height bonuses, Beach by Design would permit the consideration of the vacation of East Shore Drive to assist in the creation of larger sites to facilitate redevelopment with a higher quality of architectural and site design. Vacation requests will only be considered in increments of one full block provided concerns related to access, traffic circulation on the beach, emergency vehicle access, utilities, etc. can be mitigated and funding mechanisms are identified to the satisfaction of the City. The Marina District also supports the maintenance and expansion of dock facilities that serve existing and new uses, as well as those that serve the broader public. To assist in the creation of commercial dock facilities, Beach by Design waives any additional on-site parking that may be required to support such facilities provided on-street parking is provided adjacent to the upland site. Beach by Design further contemplates that additional flexibility may be provided regarding number and location of parking spaces to serve overnight accommodations. Belle Harbor The Belle Harbor condominium site was recently redeveloped consistent with the High Density Residential (HDR) zoning district provisions and no changes are anticipated for this parcel. In the event conditions change, the HDR District will govern future redevelopment or improvements to this property Site Design Criteria To ensure that the scale and character of development in the Marina District provides the desired setting for public enjoyment of the waterfront and promotes pedestrian-oriented development, the following requirements shall apply to the Marina District. Should there be any discrepancy between these provisions and Section VII. Design Guidelines and/or the Community Development code, these provisions shall govern. Setbacks In order to promote a pedestrian-friendly environment, overnight accommodation, commercial, mixed-use development and townhouses may be permitted a zero foot front setback. Other forms of residential development shaTl comply with the setbacks set forth in the Community Development Code. Setbacks adjacent to the public boardwalk may incorporate pedestrian-oriented design features including, but no limited to courtyards, steps, entryways, arcades, plaza and outdoor seating areas. To ensure the provision of adequate east-west view corridors between properties, building side setbacks shall be no less than 25% of the building height or a minimum of 10 feet, whichever is greater. A minimum setback of five feet shall be provided for all paved surfaces. The public boardwalk, pavement accommodating cross-access drive aisles and shared parking areas shall be exempt from any side setback requirements. Buildin,�Design Along the Public Boardwalk The design of facades fronting Clearwater Harbor is critical in creating the atmosphere along the public boardwalk. These facades should receive a high level of design treatment incorporating elements such as changes in plane, architectural details, variety in color, materials and textures, defined entrances, doors and windows and other appropriate details based on the architectural style of the building. 17 Beach by Design: A Preliminary Design for Clearwater Beach City of Cleanvater, Florida � � � � Kurleman, Scott From: Morris, William D. Sent: Wednesday, September 24, 2008 2:14 PM To: Kurleman, Scott Cc: Wells, Wayne Subject: FLD2008-07019 473 and 475 East Shore Dr pocks Scott, Based on the presentation Deuel and Associates gave the Marine Advisory Board last March (City Clerk has the official minutes should be available online) Of the 6 members present, 5 voted in favor of the project and one was opposed. one member was absent. Their review was based on both the concern for being in keeping with the intent of Beach by Design guidelines and existing city ordinances and in harmony with the surrounding docks. There is an attachment I do not have with my packet but saw in March that depicted the extent of these dock into the water body and that they did not extend further than docks to their north and south. This too was stated in the minutes from the March Marine Advisory Board meeting. Additionally the Upland property owner owns the bottom land out to 456 feet from shore. The proposed docks extend out 248 feet from shore and docks at adjacent parcels are out as far or farther. The docks do not exceed 25% the width of the waterway but are in excess of 75% the width of the property frontage. The docks extend out to just over 200% the width of the property. That puts them at 158.6 feet out past the normally allowed 75% which would be 90 feet out from the seawall. While they significantly exceed the 75% guidelines, there are several docks that are out as far or farther into the water body along this section of Mandalay channel. I do not have the frontages for the other properties that have as long or longer docks so I cannot compare them to other properties as to the amount of variance required. I can say that at the proposed length they do not constitute a hazard to navigation in this area as like length docks currently exist along east shore both to the north and South of the proposed project. Based on all of the above I agree with the majority of the Marine Advisory Board on this and it is a project that I would support. Bill Morris � DEUEL & ASSOCIATES � CONSULTING ENGINEERS * LAND SURVEYORS * LAND PLANNERS CORPORATE OFFICE BRANCH OFFICE 4625 East Bay Drive, Suite 211 Clearwater, FL 33764 Zephyrhills, FL 33541 Office (727) 822-4151 Office (813) 782-6717 F� (727) 821-7255 PLEASE REPLY TO CLEARWATER OFFICE November 24, 2008 Mr. Scott Kurleman City of Clearwater Planning Department 100 South Myrtle Avenue Clearwater, FL 33756 RE: East Shore Resort FLD2008-07019 -- 473 & 475 EAST SHORE DR — Letter of Incompleteness via email Dear Mr. Kurleman: In response to your email comments dated November 17, 2008, we are submitting fifteen (15) sets of revised construction plans and responses for your review. • Responses for criteria 2-803.E, 3-601.C.3, and 3-603 were submitted with RAI # 1 and are included in the attached. • Planning Comment #1, a lighthouse style pedestal has been added to the construction plan set. • Planning Comment #2, the construction plan set has been revised per the direction of Bennett Elbo for the parking layout and parking count. • Planning Comment #7, The location of the public restroom location and portable sanitary pump out location has been added to the construction plan set. If you have any questions or need additional information, please do not hesitate to call me at 822-4151. Sincerely, DE L& AS O TES � :�- Albert Carrier, PE, PSM Principal AC/rsr Enclosures cc: Mr. Billy Day �� ': �°;t 2'� 70Q8 :�L,�►(V�� +�q��A� 0 � ear�water � U September 11, 2008 Deuel & Associates 4625 East Bay Drive Ste# 211 Clearwater, Fl 33764 � TY F LE�RWATER CI O C PLANNING DEPARTMENT MUNICIPAL SERVICES BUILDING 100 SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756 TELEPHONE: (727) 562-4567 FAX: (727) 562-4576 W WW.MYCLEARWATER.COM VIA FAX: 821-7255 RE: FLD2008-07019 -- 473 EAST SHORE DR -- Letter of Completeness Dear Deuel & Associates : The Planning Staff has entered your application into the Department's filing system and assigned the case number: FLD2008-07019. After a preliminary review of the submitted documents, staff has determined that the application is complete. The Development Review Committee (DRC) will review the application for sufficiency on October 02, 2008, in the Planning Department conference room - Room 216 - on the second floor of the Municipal Services Building. The building is located at 100 South Myrtle Avenue in downtown Clearwater. You will be contacted by the Planning Department's Administrative Analyst within one week prior to the meeting date for the approximate time that your case will be reviewed. You or your representative (as applicable) must be present to answer any questions that the DRC may have regarding your application. Additional comments may be generated by the DRC at the time of the meeting. If you have any questions, please do not hesitate to contact me at 562-4553 or S cott. Kurleman@myc learwater. com. Sincerely yours, `� /f , ��. Scott Kurleman Planner III Letter of Completeness - FLD2008-07019 - 473 EAST SHORE DR 0 } ear�ater r U September O5, 2008 Deuel & Associates � ITY OF CLE�RWATER C PLANNING DEPARTMENT MUNICIPAL SERVICES BUILDiNG 100 SOUTH MYRTLE AVENUE, CLEARWATER, F�ORIDA 33756 TELEPHONE: (727) 562-4567 FAX: (727) 562-4576 WW W.MYCLEARWATER.COM 4625 East Bay Drive Ste# 211 Clearwater, Fl 33764 VIA FAX: 821-7255 RE: FLD2008-07019 -- 473 EAST SHORE DR -- Letter of Incompleteness Dear Deuel & Associates : The Planning Staff has entered your application into the Department's filing system and assigned the case number: FLD2008-07019. After a preliminary review of the submitted documents, staff has determined that the application is Incomplete with the following comments. 1. Application is confusing and disconnected: c. The site plan indicates 473 East Shore Drive, but also includes 475 Poinsettia Street; e. The application and site data includes only the parcel number for 473 East Shore Drive; f. The Site Data indicates a 14-unit motel, however, there are 10 units at 473 East Shore Drive and 4 units at 475 Poinsettia Street; 2. Submit a tree inventory, prepared by a"certified arborist", of all trees 4" DBH or greater, reflecting size, canopy (drip lines) and condition of such trees. Section 4-202 of the Community Development Code states that if an application is deemed incomplete, the deficiencies of the application shall be specified by Staf£ No further development review action shall be taken until the deficiencies are corrected and the application is deemed complete. Please resubmit by September 10, 2008 at NOON. If you have any questions, please do not hesitate to contact me at 562-4553 or Scott.Kurleman@myclearwater. com. Sincerely yours, �� Scott Kurleman Planner III Letter of Incompleteness - FLD2008-07019 - 473 EAST SHORE DR � � East Shore Resort Letter of Incomuleteness Comment Responses 1. The existing off street parki.ng and on street parking spaces have been added to the site plan. The off street parking areas have been revised to show the proposed landscaping. 2. AAnlication is confusin� and disconnected: a.,b.,c.,d.,e.) The survey has been updated to include both properties: 473 East Shore Drive and 475 Poinsettia Street. f.,g.) East Shore Resort which includes both properties at 473 East Shore Drive and 586 Poinsettia Street has a total of 14 motel units. East Shore Resort has 14 off street parking spaces and 11 on street parking spaces for a total of 25 parking spaces. City code requires 1 parking space for every 2 boat slips. We are proposing to construct 10 boat slips. 14 of the 25 parking spaces will be dedicated for the 14 motel units and 5 additional parking spaces will be dedicated for the 10 boat slips for a total of 19 pazking spaces. Mr. William Day, property owner at the time of C:D.B. approval will relinquish 8 of the 14 parking spaces currently under the business tax receipt to meet the 19 parking space requirement for the motel and boat slip development. h.) It is the intent of East Shore Resort to lease/rent all 10 proposed boat slips to both, non-guests and guests of the Resort. /��, `�� Parcel sizes have been added to the site plan. 4. Please fmd attached the $200.00 fire fee. 5. Trees on adj acent parcel have been added to the site plan. 6. The proposed fire line will be constructed under existing concrete and along the face of the seawall. No trees will be impacted. 7. See revised application. 8. See revised application. :� � �� .�� - �� . �� , � ��3�� ,�� ' _ : z c� � ,.:�� 9. Must urovide resuonses to the following Flezibilitv criteria for ��marina facilities" of Section 2-803.E Marinas and marina facilities. 1. The dock is designed to avoid existing Cuban Shoal sea-grass beds, see site plan and attached benthic survey prepared by Woods Consulting, Inc. 2. The upland parcel of land is zoned Tourist District— no proposed commercial activities are proposed other than slip rentaUlease to recreational only vessels. 3. a-d. No upland development is proposed. 4. No upland development proposed. • 5. See revised report. 10. Must complv with the nrovisions of Section 3-601.C.3 Commercial docks. a. Use and compatibility. * 3JIC9t'7'liYf''ii. �.�^r�� , �. . � �':- � 0 � �d�� tl�NV� � �� lTY �� ;,��ARV�IA'd'Ek i) The principal use of the property is a 14 unit motel with accommodating facilities. The proposed dock will complement the resorts use by providing an alternate means of transportation and an added amenity. ii) The neighborhood is in an area of North Clearwater that has motels, restaurants, shops and multi-family developments. The proposed dock is similar in size and use as several other existing docks in the neighborhood and is in harmony with the surrounding area. iii) The proposed dock is similar in size and use as several other existing docks in the neighborhood and is in harmony with the surrounding area. b. The proposed dock is within twenty fve percent of the waterway width and will not hinder boater navigation in the existing channel. The proposed dock is of similar character and size of several existing docks in the area. c. The design of the proposed dock is consistent with the surrounding dock structures in the immediate area and will not ixnpose an impact on the development of any upland areas. The proposed dock meets both adjacent property setback requirements and the dock will not limit the use of the adjacent upland properties use of the water. d. Impacts on marine environment. i) In consideration of surrounding marine and/or aquatic life the design of the dock avoids impacts to the Cuban Shoal sea-grass. Please see attached Benthic Survey and Site Plan. ii) In consideration of surrounding marine and/or aquatic life the design of the dock avoids impacts to the Cuban Shoal sea-grass. Please see attached Benthic Survey and Site Plan. e. Impacts on water pualitv. i) The docking facility is designed to be capable of accommodating up to ten (10) boats maximum. Four (4) of the boat slips are a maximum of 50 feet in length and six (6) of the boat slips aze a maximum of 40 feet in length. The dock layout provides for a 1.5 times the boat length turning radius to give adequate space for vessel movement. The design of the facility is such that no slip is located in less than 6.9 feet of water at mean low water, thereby providing sufficient depths for all vessels anticipated to be moored at the facility and adequate distance between the vessel bottom and the waterbody bottom for water circulation. ii) The docking facility will be constructed on piles to avoid impacting the marine environment. The dock has been designed to avoid the existing Cuban Shoal sea grass adjacent to the seawall, see site plan and bathymetric report. � � '•��...� �.� � � y �� `.� f. ImAacts on natural resources. /^��° /� 1.r-�..�� ev �' �N�V �LA�iN�I� �i��fi� CITY oF �EqR�MAT�� i) The dock has been designed to avoid the existing Cuban Shoal sea grass adjacent to the seawall, see site plan and bathymetric report. The dock has been designed to allow manatees, wading birds, fish and other fauna to have unrestricted access to the existing sea grasses. The dock will be constructed adjacent to the East Shore Resort, an existing facility on the intracoastal waterway. Turbidity barriers will be install and maintained throughout the construction process to protect sea grasses. There will be no impact to the beaches or shoreline of Clearwater Beach. ii) The dock has been designed to avoid impact to the existing Cuban Shoal sea grass adjacent to the seawall. The dock will be constructed adjacent to East Shore Resort, a fully developed upland site that boarders the intracoastal waterway with a seawall. The dock has been designed to allow manatees, wading birds, fish and other fauna to have unrestricted access to the existing sea grasses. Turbidity barriers will be install and maintained throughout the construction process to protect sea grasses. g. Impaets on wetlands habitat/unlands. The proposed dock will complement the existing resort and the North Clearwater Beach neighborhood and the dock is consistent with other developments in the area. h. Dimensional standards. i) The total upland shoreline length is 120.00 feet. The allowable setback to the commercial property to the south is ten percent of the shoreline length or 12.00 feet. The proposed south setback is 12.2 feet. The allowable setback to the residential property to the north is 1/3 of the shoreline length or 40.00 feet. The proposed north setback is 40.00 feet. ii) The total upland shoreline length is 120.00 feet. With approval of the Community Development Board a dock may extend up to twenty-five percent of the waterway width. The proposed dock length is 248.6 feet or less than twenty-two percent of the waterway width. The dock is consistent in length and design with the existing dock stxuctures in the Marina District. Thus, safety and navigability of the adj acent waterway will not be impacted. iii) The total upland shoreline length is 120.00 feet. The allowable dock width is 90.00 feet. The proposed dock width is 67.80 feet. iv) No covered boatlifts are proposed. v) Deviations. The dock facility extends beyond 25 percent of the waterway width and the Applicant requests flexible development from this requirement. As previously discussed, the dock will extend approximately twenty two percent of the allowable twenty five percent of the waterway width. 11. Must comAlv with the nrovisions of Section 3-603 Section 3-603. Marinas and marina facilities. A. None of these activities are proposed. � B. No fueling, servicing or launching facilities are proposed. C. No fuel storage facility or sanitary pump-out station is proposed. � D. The proposed dock layout and use was presented and approved to the Marine Advisory Board on March 12, 2008. The dock was also reviewed by William Morris, Director of Marine and Aviation, and Mr. Morris's comments have been added to the construction plans E. Please see previous for discussion of avoidance of impact on natural marine habitats, including the benthic survey (attached). The docking facility has been designed to completely avoid all impacts to natural resources. F. Public restrooms are located adjacent to the pool area at the East Shore Resort and are available to the marina users 24 hours a day. G. Manatee awareness signs will be posted on the docking facility. H. No fueling will occur at this location. I. The dock will be constructed on piling only to aid in tidal flushing and aquatic circulation. There will be NO construction that will inhibit tidal flushi.ng such as groins or breakwater. J. Acknowledged. 12. Need to qrovide the width of the nrouosed dock. Section 3-601.C.3h.iii The maximum width of the dock is 67.8-feet. The proposed dock is 248.6-feet. With approval of Community Development Boazd a dock may extend up to twenty-five percent of the waterway width. The proposed dock extends less than twenty-two percent of the waterway width and is consistent in length and design with the existing dock structures in the Marina District. �., _ �:>.,�� . ��",►`. � S��r� «;;� ; a8 ��.: Pl,Alb�i{�JC E�Et�;dMEk�4 �ITY' ��= �L64�Ul/ATE�' � Welis, Wayne From: Wells, Wayne Sent: Tuesday, July 08, 2008 3:36 PM To: 'al@deuelengineering.com' Subject: FLD2008-07019, 473 East Shore Drive AI - • Attached is a Letter of Incompleteness for the above referenced application. Email or call me if you have questions. The original letter is being mailed. Wayne M. Wells, AICP Planner 111 City of Clearwater 100 South Myrtle Avenue Clearwater, FL 33756-5520 Phone: 727-562-4504 Fax: 727-562-4865 Letter of �mpleteness 7.8 �w,.0 �-�,, LL �� L�r�ater r- �..�� U July 08, 2008 Deuel & Associates 4625 East Bay Drive Ste# 211 Clearwater. F133764 �CITY OF CLEA�WATER PLANNING DEPARTMENT MUNICII'AL SERVICES BUII..DING 100 SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756 TELEPHONE: (727) 562-4567 FAX: (727) 562-4576 W W W. MYCLEARWATER. COM VIA FAX: 821-7255 RE: FLD2008-07019 -- 473 EAST SHORE DR -- Letter of Incompleteness Dear Deuel & Associates : The Planning Staff has entered your application into the Department's filing system and assigned the case number: FLD2008-07019. After a preliminary review of the submitted documents, staff has determined that the application is Incomplete with the following comments. 1. It appears that the request is to add a"marina facilities" use to the existing overnight accommodation use. Per Section 3-1401.B.2, parking serving a new use must meet the standards for parking and landscaping. While not detailed on the submitted site plan, required "off-street" parking for the marina must meet Code requirements (setbacks, design, landscaping, etc.). Site plan must show all parking spaces. Most, if not all, parking spaces appear to be nonconforming to Code requirements. Will need a landscape plan showing compliance with Code requirements for the required parking. 2. iT'i'j3' iiC2�1^viI IS COii�'�Siii`� 21i'It� C1ISCOTIli�.�t�.u: a. A survey has been submitted for only 473 East Shore Drive; b. The survey legally describes Lots 6& 7, Block C(which is 473 East Shore Drive), but also inlcudes Lots 1-15, Block B, but does not depict these lots in the survey (?); c. The site plan indicates 473 East Shore Drive, but also includes 475 Poinsettia Street; d. The site plan includes the same legal description as the survey (see "b" above), but 475 Poinsettia Street is only Lots 6& 7, Block B(?); e. The application and site data includes only the paxcel number for 473 East Shore Drive; f. The Site Data indicates a 14-unit motel, however, there are 10 units at 473 East Shore Drive � and 4 units at 475 Poinsettia Street; g. Mr. Day has an Business Tax Receipt (occupational license) since 1997 at 475 Poinsettia Street for a 14-space permanent parking lot. The site plan indicates a total of 25 spaces between the two properties, which by lessing 14 from 25 spaces leaves 11 spaces, less than that required for the 14 total motel units. Therefore, there is no parking for a marina facility; and h. Description of Request on the application is worded to appear to be requesting a "commercial dock" at the motel, as an accessory to the motel, where no additional parking is required, but all slips would be restricted to guests of the motel and they cannot be rented out. Is this a marina or what? One might question whether these slips are for guests only, or more likely to be leased, rented or sold to non-guests. Page 1 of the application - Provide the Parcel Size in acres and square footage. After discussion with Lenny Rickert of the Fire Deparhnent, need to submit the $200 Fire fee. Letter of Incompleteness - FLD2008-07019 - 473 EAST SHORE DR LL � � �� °� �� :ar�va er � � .� ��.... U July 08, 2008 5 � � �CITY OF CLEA�WATER PLANNING DEPARTMENT MUNICIPAL SERVICES BUII.,DING 100 SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756 TELEPHONE: (727) 562-4567 FAX: (727) 562-4576 W W W. MYCLEAR WATER. C OM Since an underground fire line and electric line is proposed to serve the proposed docks, submit a tree survey (including existing trees on site and within 25' of the adjacent site, by species, size (DBH 4" or greater), including drip lines and indicating trees to be removed - please design around the existing trees. Submit a tree inventory, prepared by a"certified arborist", of all trees 4" DBH or greater, reflecting size, canopy (drip lines) and condition of such trees. On Page 6 of the application, must fill in the following: Acknowledgement of traffic impact study requirements (Applicant must initial one of the following): Traffic Impact Study is included. The study must include a summary table of pre- and post-development levels of service for all roadway legs and each turning movement at all intersections identified in the Scoping Meeting. Traffic Impact Study is not required. On Page 6 of the application, must fill in the following (per Lenny Rickert, fill in the "not required" blank: Acknowledgement of fire flow calculations/water study requirements (Applicant must initial one of the following): Fire Flow Calculations/Water Study is included. Fire Flow Calculations/Water Study is not required. Letter of Incompleteness - FLD2008-070l9 - 473 EAST SHORE DR LL � � °�� ar�vater r *�� ,a�- .'s: U July 08, 2008 �CITY OF CLEA�WATER PLANNING DEPARTMENT MLTNICII'AL SERVICES BUII_,DING 100 SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756 TELEPHONE: (727) 562-4567 FAX: (727) 562-4576 W W W. MY C LEAR W AT ER. C OM 9. Must provide responses to the following Flexibility criteria for "marina facilities" of Section 2-803.E (explain how, in detail, each criteria is achieved): Marinas and marina facilities. 1. The parcel proposed for development is not located in areas identified in the Comprehensive Plan as areas of environmental significance including: a. The north end of Clearwater Beach; b. Clearwater Harbor grass beds; Cooper's Point; d. Clearwater Harbor spoil islands; e. Sand Key Park; f. The southern edge of Alligator Lake. 2. No commercial activities other than the mooring of boats on a rental basis shall be permitted on any parcel of land which is contiguous to a parcel of land which is designated as residential in the Zoning Atlas, unless the marina facility is totally screened from view from the contiguous land which is designated as residential and the hours of operation of the commercial activities are limited to the time period between sunrise and sunset; 3. Setbacks: a. The reduction in front setback contributes to a more active and dynamic street life; b. The reduction in front setback results in an improved site plan or improved design and appearance; c. The reduction in side and rear setback does not prevent access to the rear of any building by emergency vehicles; d. The reduction in side and rear setback results in an improved site plan, more efficient parking or improved design and appearance. 4. The design of all buildings complies with the Tourist District design guidelines in Division 5 of Article 3. 5. All marina facilities shall comply with the commercial dock requirements set forth in Section 3-601.C3 and the marina and marina facilities requirements set forth in Section 3-603. Letter of Incompleteness - FLD2008-07019 - 473 EAST SHORE DR LL ` °� �� rwater }� ¢ ea �� U July 08, 2008 �CITY OF CLE�WATER PLANNING DEPARTMENT MUIVICIPAL SERVICES BUII..DING 100 SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756 TELEPHONE: (727) 562-4567 FAX: (727) 562-4576 W W W.MYCLEARWATER. C OM 10. Must comply with the provisions of Section 3-601.C.3 (explain how, in detail, each criteria is achieved): Commercial docks. A commercial dock is any dock, pier, or wharf, including boatlifts, that is used in connection with a hotel, motel or restaurant where the slips are not rented, leased or sold; or such facilities used in connection with a social or fraternal club or organization and used only by its membership; or such facilities constructed and maintained by the City of Clearwater, Pinellas County or by any state or federal agency. Commercial docks shall only be pertnitted as a Level Two (flexible development) use, which requires approval by the community development board (CDB). Any multi-use dock with a deck area exceeding 500 square feet shall be treated as a commercial dock. All commercial docks shall be reviewed for compliance with the following criteria. a. Use and compatibility. i) The proposed dock shall be subordinate to and contribute to the comfort, convenience or necessities of the users or the occupants of the principal use of the property. ii) The proposed dock shall be in harmony with the scale and character of adjacent properties and the neighborhood in general. iii) The proposed dock shall be compatible with dock patterns in the general vicinity. b. Impacts on existing water recreation activities. The use of the proposed dock shall not adversely impact the health, safety or well being of persons currently using the adjacent waterways for recreational andlor commercial uses. Furthermore, it shall not hinder or discourage the existing uses of the adjacent waterway by uses including but not limited to non-motorized boats and motorized boats. c. Impacts on navigation. The existence and use of the proposed dock shall not have a detrimental effect on the use of adjacent waters for navigation, transportation, recreational or other public conveniences. d. Impacts on marine environment. i) Docks shall be sited to ensure that boat access routes avoid injury to marine grassbeds or other aquatic resources in the surrounding areas. ii) Docks shall not have an adverse impact upon natural marine habitats, grass flats suitable as nursery feeding grounds for marine life, or established marine soil suitable for producing plant growth of a type useful as nursery or feeding grounds for marine life; manatee sanctuaries; natural reefs and any such artificial reef which has developed an associated flora and fauna which have been determined to be approaching a typical natural assemblage structure in both density and diversity; oyster beds; clam beds; known sea turtle nesting site; commercial or sport fisheries or shell fisheries areas; and habitats desirable as juvenile fish habitat. e. Impacts on water quality. i) All turning basin, access channels, boat mooring areas and any other area associated with a dock shall have adequate circulation and existing water depths to ensure that a minimum of a one foot clearance is provided between the lowest member of a vessel (e.g. skegs, rudder, prop) and the bottom of the waterbody at mean or ordinary low water (-0.95 NGVD datum). Letter of Incompleteness - FLD2008-07019 - 473 EAST SHORE DR � LL � i O f,� � .�+'"pv'i�"'� }� �ar�vat�r � � U July 08, 2008 �CITY OF CLE�WATER , PLANNING DEPARTMENT MUNICIPAL SERVICES BUII,DING 100 SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756 TELEPHONE: (727) 562-4567 FAX: (727) 562-4576 W W W .MYCLEARWATER. COM ii) The dock shall not effectively cause erosion, extraordinary storm drainage, shoaling of channels, or adversely affect the water quality presently existing in the area or limit progress that is being made toward improvement of water quality in the area in which the dock is proposed to be located. f. Impacts on natural resources. i) The dock shall not have a material adverse impact upon the conservation of wildlife, marine life, and other natural resources, including beaches and shores, so as to be contrary to the public interest. ii) The dock shall not have an adverse impact on vegetated areas; vegetative, terrestrial, or aquatic habitats critical to the support of listed species providing one or more of the requirements to sustain their existence, such as range, nesting or feeding grounds; habitats which display biological or physical attributes which would serve to make them rare within the confines of the city; designated preservation areas such as those identified in the comprehensive land use plan, national wildlife refuges, Florida outstanding waters or other designated preservation areas, and bird sanctuaries, g. Impacts on wetlands habitat/uplands. The dock shall not have a material adverse affect upon the uplands surrounding. h. Dimensional standards. i) Setbacks. All commercial and multi-use docks shall be located so that no portion of such dock is closer to any property line as extended into the water than ten percent of the applicant's property width measured at the waterfront property line. Multi-use private and commercial docks abutting adjacent waterfront single-family or two-family property must be setback a minimum of one-third of the applicant's waterfront property width from the adjacent waterfront single-family or two-family property. ii) Length. The length of commercial and multi-use docks shall not extend from the mean high water line or seawall of the applicant's property more than 75 percent of the width of the applicant's property measured at the waterfront property line. Tie poles may extend beyond the dock provided such poles do not extend 25 percent of the width of the waterway and do not constitute a navigational hazard. iii) Width. The width of commercial and multi-use docking facilities shall not exceed 75 percent of the width of the applicant's property measured at the waterfront property line. iv) Covered boatlifts. Covered boatlifts are permitted provided a permanent and solid roof deck is constructed with material such as asphalt shingles, metal, tile or wood. Canvas and canvas like roof materials are prohibited. Vertical sidewalls are prohibited on any boatlift or dock. v) Deviations. Deviations from the requirements of this section may be considered and approved by the community development board in order to comply with the review criteria established in sections 3-601(C)(3)(a)-(g). Letter of Incompleteness - FLD2008-07019 - 473 EAST SHORE DR �. _ LL � x ��_ °�� ar�at�r � �: . �� a�w, U July 08, 2008 �CITY OF CLEA�WATER PLANNING DEPARTMENT MUNICIPAL SERVICES BUII,DING 100 SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756 TELEPHONE: (727) 562-4567 FAX: (727) 562-4576 W W W. MYCLEARW ATER. C OM 11. Must comply with the provisions of Section 3-603 (explain how, in detail, each criteria is achieved): Section 3-603. Marinas and marina facilities. A. All proposed activities including, but not limited to, fueling, pumping-out, chartering, living-aboard, launching, dry storage and the servicing of boats, motors and related marine equipment shall require approval in accordance with the provisions of the zoning district in which the marina or marina facility is proposed to be located. B. For marina facilities located adjacent to residential districts, no fueling or launching facilities shall be located within 20 feet of the residential property line, and no fueling or servicing of boats shall occur at such marinas after 9:00 p.m. or before 6:00 a.m. C. No fuel storage facility or sanitary pump-out station holding tank shall be located over water. D. The marina shall pose no hazard or obstruction to navigation, as determined by the city harbormaster. E. The marina shall not adversely affect the environment, including both onshore and offshore natural resources. F. Adequate sanitary facilities shall be provided landside and a sanitary pump-out station shall be provided and shall be available to marina users 24 hours a day. G. A manatee protection plan shall be provided and appropriate speed zone signs shall be posted to control boat speed for manatee protection. H. Adequate spill containment areas shall be provided on the property. I. Design of the marina shall maintain existing tidal flushing and aquatic circulation patterns. J. In the event of conflict between these standards and federal or state law or rules, the federal or state law or rules shall apply to the extent that these standards have been preempted; otherwise, the more stringent regulations shall apply. 12. Need to provide the width of the proposed dock (maximum width cannot exceed 90 feet per Section 3-601.C.3.h.iii) on the site plan and in written material, or need to request deviation. Maximum length of dock can be 90 feet per Section 3-601.C.3.h.ii. Request must include a length deviation with justification. Section 4-202 of the Community Development Code states that if an application is deemed incomplete, the deficiencies of the application shall be specified by Staff. No further development review action shall be taken until the deficiencies are corrected and the application is deemed complete. Please resubmit by July 14, 2008. at NOON. If you have any questions, please do not hesitate to contact me at 727-562-4504 or Wayne. Wells@myclearwater.com. Letter of lncompleteness - FLD2008-07019 - 473 EAST SHORE DR LL f� � � �i�= CITY OF CLEA�WATER °�� j�ar�vater >�� = PLANNING DEPARTMENT �'�''�` ��`G MUNICII'AL SERVICES BUII.,DING � 100 SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756 TELEPHONE: (727) 562-4567 FAX: (727) 562-4576 W W W.MYCLEARWATER. C OM July 08, 2008 Sinc ely yours, Q. y1�1 �• �/j�� Wa Wells Planner III Letter of Incompleteness - FLD2008-070/9 - 473 EAST SHORE DR . � DEUEL & ASSOCIATES CONSULTING ENGINEERS * LAND SURVEYORS * LAND PLANNERS CORPORATE OFFICE BRANCH OFFICE 4625 East Bay Drive, Suite 211 Clearwater, FL 33764 Zephyrhills, FL 33541 Office (727) 822-4151 Office (813) 782-6717 Fax(727)821-7255 PLEASE REPLY TO CLEARWATER OFFICE July 2, 2008 City of Clearwater Planning Department 100 South Myrtle Avenue Clearwater, FL 33756 RE: East Shore Resort Planning Department: ��. ��; a�`�� ,:� ":}r.: ��',�� A ." F ��` d• S �^�Fa� ��ar' �:.x1!!'� F`S'.imr'A ¢T � ��WZHSiL,Y�`d� r q '�-feF� ��'�"�;s: ��,. Y t ' �"1e�t� L { �,��,' k°�' We are respectfully submitting the following application for the "East Shore Resort" project located at 473 East Shore Drive in Clearwater for your review. 1. Flexible Development Application and information required 2. Application fee If you have any questions or need additional information, please do not hesitate to call me at 822-4151. Sincerely, DEUEL & ASSOCIATES ��°--- 4:,�' � � --� f % --�-- z _ Brian A. Barker, P.E. Principal Engineer BAB/rsr Enclosures cc: Mr. Billy Day 1Vi"essage • • Page 1 of,,8°� Wells, Wayne From: al carrier [al@deuelengineering.com] Sent: Monday, February 25, 2008 4:40 PM To: Morris, William D. Cc: Kurleman, Scott; Thompson, Neit Subject: RE: East Shore Resort Bill...thanks far the insight. I would appreciate if you can discuss with Frank Dame and if you would like me to be present when you meet with Frank, I will be available. Thanks AC -----Original Message----- From: William.Morris@myClearwater.com [mailto:William.Morris@myClearwater.com] Sent: Monday, February 25, 2008 3:40 PM To: al@deuelengineering.com " Subject: RE: East Shore Resort AI. The council was on the war path about two months ago an docks particufarly in Mandalay Channel. They wanted the city to create more restrictive dock ordinances than the ones we have now. (At first they did not realize we had dack ordinances) Now ihat they are aware of what ours are (if you have the time you may want to go to the streaming video under other council discussion items from the last cauncil meeting. Dock Ordinances were discussed and the Council seems to have backed to to now just one member (who lives at Belle Harbor) wanting a more restrictive dock ordinance than what we or the county have. Staff feels that what we have now is fine and each dock should be judged on its awn merits and the surrounding community. Yours meets that criteria, thanks for the graphic. The Advisory Board will be specifically addressing this at the 12 March MAB (8 AM at the Marina Conference room, Councilman Gibson will probably be in attendance. One item that comes up is the 25% the width of the waterway being too liberai. Your dock is less than 25% the width of the waterway, I am not sure what the board is going to recommend. If you want to present it you are wefcome... it may get hotly debated. As Planning has said in the past the MAB has no official role in our dock permit process. The council does listen to their input, it would alsa here you input, particularly with the existing docks that are out there seeming to set a precedent for a"safe" length. Either way they are going to talk about the ordinance. your dock gives them a good example of what works and meets all the tests. That said they may want docks smaller in the future. I will not knaw until I get in the room. Mark Smith (701) Mandalay is on the board as is Paul Kelly. Bath live on Mandalay Channel. Paul and Mark cancel each others votes out. For the purposes af the meeting I am the city staff liaison and will just host the meeting. As city staff I support the dock as is. That may or may not be the MAB recommendation. Frank Dame who was on the MAB, lives on Island Estates and is now on the CDB has recommended no docks longer than 100 feet, that said when he see's your diagram with Belle Harbo� and Frenchy's and the barefoot beach Hotel docks he may rethink that for the commercial district. I personally feel the CDB listens to his opinion more than they do the MAB. I can bounce your dock off Frank between now and the MA8 and get his read on it so you know what you are up against if anything. Frank and I can disagree without being disagreeable so it would be no problem. Let me know which way you want to go. Bill M -----Original Message----- From: al carrier [mailto:al@deuelengineering.com] Sent: Monday, February 25, 2008 11:47 AM To: Morris, William D. Cc: billy@billyday.net Subject: FW: East Shore Resort BiII...Have you had a chance to look over the aerial I emailed to you regarding the East Shore 8/13/2008 1Vlessage • Page 2 of��- � Dock. We have support form the Pianning/Zoning/Engineering staff, see email chain below. City statf would like your input as well as the MAB. Let me know if there is anything I can do to facilitate the process. Thanks AI Carrier, PE, PSM Principal Deuel & Associates 4625 East Bay Drive, Suite 211 Clearwater, FL 33764 Ph. 727.822.4151 Fax 727.821.7255 www.cfreddeuel.net -----Original Message----- From: al carrier [mailto:at@deuelengineering.com] Sent: Monday, February 25, 2008 10:53 AM To: 'Scott.Kurleman@myClearwater.com' Cc: 'bill.morris@myclearwater.com; 'billy@billyday.net' Subject: RE: East Shore Resort Scott...Thanks for the update. I will follow-up with Bill Marris. Al Carrier, .F'.E, PSM Principal Deuel & Associates 4625 East Bay Drive, Suite 211 Glearivater, FL 33764 Ph. 727.822.4151. Fax 727.821.72�5 www.cfreddeuel.net -----Original Message----- From: Scott.Kurleman@myClearwater.com [mailto:Scott.Kurleman@myClearwater.com] Sent: Thursday, February 21, 2008 3:54 PM To: al@deuelengineering.com Subject: RE: East Shore Resort AI, Planning Staff seemed supportive of your proposal. We will need feedback from the MAB, adjacent and surrounding property owners and Bill Morris. A. Scott Kurleman Planner II ISA FL#0414 , City of Clearwater Planning Department 100 S. Myrtle Avenue Clearwater, FL 33756 (p) 727-562-4553 (NOTE THIS IS A NEW NUMBER) (fl 727-562-4576 -----Original Message----- From: al carrier [mailto:al@deuelengineering.com] 8/13/2008 Message 8/13/2008 • Sent: Tuesday, February 19, 2008 2:30 PM To: Kurleman, Scott Subject: RE: East Shore Resort • Page 3 of,��— Scott...What was the results of the staff meefing? i have not received any feed back from Bill Morris yet. Thanks AI Carrier, PE, PSM Principal Deuel & Associates 4625 East Bay Drive, Suite 211 Ciearwater, F� 33764 Ph. 727.822.4151 Fax 727.821.7255 www.cfreddeuel.net -----Original Message----- From: al carrier [mailto:al@deuelengineering.com] Sent: Thursday, February 14, 2008 4:39 PM To: 'Scott.Kurleman@myClearwater.com' Subject: RE: East Shore Resort 471 & 473 East Shore and 475 Poinsettia. AC -----Original Message----- From: Scott.Kurleman@myClearwater.com [mailto: Scott.Kurleman@myClearwater.com] Sent: Thursday, February 14, 2008 4:16 PM To: al@deuelengineering.com Subject: RE: East Shore Resort What is the street address? A. Scott Kurleman Planner II ISA FL#0414 City of Clearwater Planning Department 100 S. Myrtle Avenue Clearwater, FL 33756 (p) 727-562-4553 (NOTE THIS tS A NEW NUMBER) (f) 727-562-4576 -----Original Message----- From: al carrier [mailto:al@deuelengineering.com] Sent: Thursday, February 14, 2008 3:11 PM To: Kurleman, Scott Cc: billy@billyday.net Subject: RE: East Shore Resort Thanks Scott. If there is anything else you need, fet me know. AC -----Original Message----- From: Scott.Kurleman@myClearwater.com Message � • Page 4 of,$ �- [mailto:Scott. Kurleman@myClearwater.com] Sent: Thursday, February 14, 2008 2:45 PM To: al@deuelengineering.com; bill.morris@myclearwater.com Cc: neil.thompson@MyClearwater.com Subject: RE: East Shore Resort AI, I am taking this to our Staff meeting tomorrow. I will let you know what direction Staff is going. Thanks A. Scott Kurleman Planner II ISA FL#0414 City of Clearwater Planning Department 100 S. Myrtle Avenue Clearwater, FL 33756 (p) 727-562-4553 (NOTE THIS IS A NEW NUMBER) (fl 727-562-4576 -----Original Message----- From: al carrier [mailto:al@deuelengineering.com] Sent: Tuesday, February 12, 2008 4:41 PM To: bill.morris@myclearwater.com; Kurleman, Scott Cc: Thompson, Neil Subject: RE: East Shore Resort Bill/Scott...Attached is the preliminary site plan for the East Shore Resort dock and updated property survey. Also, attached is an aerial showing the proposed East Shore dock with relation to the existing docks in the general vicinity. The motel has 14 total units with 19 existing parking spaces available including the lot on the west side of East Shore. We are in the process of updating the site plan to include the both properties and all available designated parking. As I mentioned on the phone, I would like to have staff's support before moving forward and possibly presenting before the Marine and Aviation Board to obtain a recommendation. Please call me with any questions. AI Carrier, PE, PSM Principal Deuel & Associates 4625 East Bay Drive, Suite 211 Clearwater, FL 33764 Ph. 727.822.4151 Fax 727.821.7255 www.cfreddeuel.net 8/13/2008 LEGEAD PROPOSEO LfGEND %ww��'��°�' �x¢ � �[ O wya v wua� wme vKo ° X• � � � � i , j. fi a,.� s,p � r5' �+ ,n n }`i,i .. If �f � - .�. . .�.. v a o ae.` ! -,. ir .rar. .- I > .' . -:. 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N�...w..,d.r 0' �C 10C A'S ME IAWI � � 1-lW-Ilt-�n0 aC�li: t' - nC ..-_ SITE DAPA TABLE vtr �o�. s�mxc omet �c�cnnw.sa. aa+s� Pa �m ENC�.rrA . �.Qa�, BLLYFO�Y a�FR DeEUEL k ASS(�GAiES 4A51 SHWE ltESIXti 25 E�ST BAV OR �£ 5� iE 311 EASt giIXtE DFIt2 LLEnFwAiEa il JJ]61 CLEMWRIER. RIXt1�R (>21) tl2Y ��5� IFL (�z�)�.o uw pn) azr nss-vnx �C «.aPrtx.: U 6�O ] Black C. A RE PIAi Of BLOCK '�' 4ND LOtS I i0 15 INCL. BLOCK B' d' CIFMWPTER BGCN �FSp �DOTOrv aa orEed �n Plol Book }1 Poq 31 PuL c Pecortle ol rie as Cou�ty. �anUa ao�=wAao z,ox�az�� ENYL SEPIEMBER 0� I00� rc�i"c. i vaaPa�o � xorzi/ucrei Leyp_usE: Acsoar rnc�nES «�cn �y 09/19/IS/I6a��/OOJ/006a � p�/� a w ttn raa+r �a r. aa rr occr+rr �moTM) sauw voc �x r� iz.z rr pt�ax or w�rca rnowr ovcarr vwtH) Mpl[L�Rt SPPPER UN �a� i�5a 21 Y M WN� FnC�iY� t SP PFF 3 AIPS i= SSP (tOiaL) 10iAL - 19 SP .. 3�SP � iHC � MC iF�. WNP5IEX 12 GMNING SP4CE5 SfVE IOCAIEC KONG EAST SHORE OqIVE �i FRONi Of" SU&ECi PRRCEL NIO 9 WACES nRE LOCAlEp ACNO4 1NF 5I4EEi 1i �15 VqNSETiIA SIREET � F(orida Department of Environmental Protection Southwest District Office 13051 North Telecom Parkway Temple Terrace, Florida 33637-0926 William A. Day Living Trust �` ,� s �o� c/o William A. Day 473 E. Shore Dr. Clearwater, FL 33797 Dear Mr. Day: Charlie Crisf Ga�-zrnor �_�fF K.�ttkamp 4 L Gaver:�r,r I\iiCha:'I iN. SOIe Sea-etar�� Enclosed is the Environmental Resource Permit, DEP Project No. 52-0293578-001, issued pursuant to Part IV of Chapter 373, Florida Statutes, and Title 62, Florida Administrative Code. Appeal rights for you and for any affected third party are described in the text of the permit along with conditions, which must be met when authorized activities are undertaken. You, as the applicant, are responsible for all aspects of permit compliance. You should therefore review this permit document carefully to ensure compliance with the general conditions and specific conditions contained herein. Please be aware of permit specific conditions number 5& 6 which state that a pre-construction conference with Submerged Lands and Environmental Resources Program staff is required, and that the permittee must give notice to the Department 48 hours prior to commencement of construction. If you have any questions about this document, please contact me at (813)632-7600, ext. 330. Thank you for your participation in the permit process and in managing the natural resources of the State of Florida. Sincerely yours, �-'°"�""�,.�' L� , y�r � '. Andrew J. May Environmental Environmental Enc: Environmental Resource Permit with attachments (28 pages) .!44ore; rc�!ectiort, CessPro�es�.� �v��a�. oeF�.statc�. fl. us PERMITTEE: William A. Day Living Trust c/o William A. Day 473 E. Shore Dr. Clearwater, FL 33797 AGENT: Deuel & Associates c/o Albert P. Carrier, P.E: 4625 East Bay Dr., Suite 211 Clearwater, FL 33764 Florida Department of Environmental Protection Southwest District Office 1305{ North Telecom Parkway Temple Terrace, Florida 33637-0926 ENVIRONMENTAL RESOURCE PERMIT Permit Number: 2-0293578-001 Date of Issue: ��_ �� 2Q�'v Expiration Date of Construction Phase: Charlie Crist �overnor Icf� Nottl<amp �t. ;avern�r i`•,1i�h��:�l VV. Soie Sec�e� a,�� County: Pinellas �� '� �� 4 Project: reconfigure an existing private commercial docking facility irom six-slips and 632 square feet to ten slips and 3,269 square feet on privately-owned submerged land This project requires a Standard General Permit. The Department has the authority to issue this permit per the following references: Part IV of Chapter 373, Florida Statutes (F.S.) Chapter 62-330 and 62-343, Florida Administrative Code (F.A.C.) Operating Agreements with the water management districts in Chapter 62-113, F.A.C. This permit also constitutes a finding of consistency with Florida's Coastal Zone Management Program, as required by Section 307 of the Coastal Management Act. This permit also constitutes certification of compliance with water quality standards under Section 401 of the Clean Water Act, 33 U.S.C. 1341. As staff to the Board of Trustees, the Department has reviewed the activity described below, and has determined the activity is not on state-owned submerged lands. Therefore, your project is exempt from the further requirements of Chapter 253, F.S. This permit is subject to the limits, conditions, and locations of work shown in the attached drawings, and is also subject to the attached 25 general conditions and 25 specific conditions, which are a binding part of this permit. You are advised to read and understand these drawings and conditions prior to commencing the authorized activities, and to ensure the work is conducted in conformance with all the terms, conditions, and drawings. If you are utilizing a contractor, the contractor also should read and understand these drawings and conditions prior to commencing the authorized activities. Failure to comply with all drawings and conditions shall constitute grounds for revocation of the permit and appropriate enforcement action. ,�llorc f rotcction, Lcss Prz�cess , ��•E��iv. ncv.siate. (l, us Qperation of the facility is not authorized except when determined to be in conformance with a11 applicable rules and the general and specific conditions of this permit, as specifically described below. You are hereby advised that authorizations also may be required by other federal, state, and local entities. This authorization does not relieve you from the requirements to obtain all other required permits and authorizations. SPGP REVIEW — NOT APPROVED A copy of this authorization has also been sent to the U.S. Army Corps of Engineers (USACOE) for review. The USACOE may require a separate permit. Failure to obtain this authorization prior to construction could subject you to enforcement action by that agency. ACTIVITY DESCRIPTION: The project is to remove an existing six-slip, 632-square-foot private commercial docking facility and construct a new ten slip, 3,269-square-foot private commercial docking facility within the landward extent of Mandalay Channel, a Class III Florida Waterbody. The new dock shall include six slips with boat lifts for vessels up to 40 feet in length, and four slips without lifts for vessels up to 80 feet in length. Depths within all mooring and maneuvering areas are sufficient to prevent propeller scouring. This permit does not authorize impacts to submerged grassbeds or other resources in the area. ACTIVITY LOCATION: The project is located at the East Shore Resort, 473 East Shore Drive, Clearwater, Section 08, Township 29 South, Range 15 East, Pinellas County. GENERAL CONDITIONS: All activities shall be implemented as set forth in the plans, specifications and performance criteria as approved by this permit. Any deviation from the permitted activity and the conditions for undertaking that activity shall constitute a violation of this permit. 2. This permit or a copy thereof, complete with all conditions, attachments, exhibits, and modifications, shall be kept at the work site of the permitted activity. The complete permit shall be available for review at the work site upon request by Department staff. The permittee shall require the contractor to review the complete permit prior to commencement of the activity authorized by this permit. Activities approved by this permit shall be conducted in a manner which does not cause violations of state water quality standards. The permittee shall implement best management practices for erosion and a pollution control to prevent violation of state water quality standards. Temporary erosion control shall be implemented prior to and during construction and permanent control measures shall be completed within seven days of any construction activity. Turbidity barriers shall be installed and maintained at all locations where the possibility of transferring suspended solids into the receiving waterbody exists due to the permitted work. Turbidity barriers shall remain in place at all locations until construction is completed and soils are stabilized and vegetation has been established. Thereafter the permittee shall be responsible for Permittee: William A. Day Living Trust File No.: 52-0293578-001 Page 2 of 12 the removal of the barriers. The permittee shall correct any erosion or shoaling that causes adverse impacts to the water resources. 4. Water quality data for the water discharged from the permittee's property or into the surface waters of the state shall be submitted to the Department as required by the permit. Analyses shall be performed according to procedures outlined in the current edition of Standard Methods for the Examination of Water and Wastewater by the American Public Health Association or Methods for Chemical Analyses of Water and Wastes by the U.S. Environmental Protection Agency. If water quality data are required, the permittee shall provide data as required on volumes of water discharged, including total volume discharged during the days of sampling and total monthly volume discharged from the property or into surface waters of the state. 5. Department staff must be notified in advance of any proposed construction dewatering. If the dewatering activity is likely to result in offsite discharge or sediment transport into wetlands or surface waters, a written dewatering plan must either have been submitted and approved with the permit application or submitted to the Department as a permit prior to the dewatering event as a permit modification. The permittee is advised that the rules of the Southwest Florida Water Management District state that a water use permit may be required prior to any use exceeding the thresholds in Chapter 40D-2, F.A.C. Stabilization measures shall be initiated for erosion and sediment control on disturbed areas as soon as practicable in portions of the site where construction activities have temporarily or permanently ceased, but in no case more than seven days after the construction activity in that portion of the site has temporarily or permanently ceased. 7. Off site discharges during construction and development shall be made only through the facilities authorized by this permit. Water discharged from the project shall be through structures having a mechanism suitable for regulating upstream stages. Stages may be subject to operation schedules satisfactory to the Department. The permittee shall complete construction of all aspects of the surface water management system, including wetland compensation (grading mulching, planting), water quality treatment features, and discharge control facilities prior to beneficial occupancy or use of the development being served by this system. The folIowing shall be properly abandoned and/or removed in accordance with the applicable regulations: a. Any existing wells in the path of construction shall be properly plugged and abandoned by a licensed well contractor. b. Any existing septic tanks on site shall be abandoned at the beginning of construction. Any existing fuel storage tanks and fuel pumps shall be removed at the beginning of construction. 10. All surface water management systems shall be operated to conserve water in order to maintain environmental quality and resource protection; to increase the efficiency of transport, application Permittee: William A. Day Living Trust File No.: 52-0293578-001 Page 3 of 12 and use; to decrease waste; to minimize unnatural runoff from the property and to minimize dewatering of offsite property. 11. At least 48 hours prior to commencement of activity authorized by this permit, the permittee shall submit to the Department a written notification of commencement using an "Environmental Resource Permit Construction Commencement" notice (Form No. 62-343.900(3), F.A.C.) indicating the actual start date and the expected completion date. 12. Each phase or independent portion of the permitted system must be completed in accordance with the permitted plans and permit conditions prior to the occupation of the site or operation of site infrastructure located within the area served by that portion or phase of the system. Each phase or independent poRion of the system must be completed in accordance with the permitted plans and permit conditions prior to transfer of responsibility for operation and maintenance of that phase or portion of the system to a local government or other responsible entity. 13. Within 30 days after completion of construction of the permitted activity, the permittee shall submit a written statement of completion and certification by a registered professional engineer or other appropriate individual as authorized by law, utilizing the required "Environmental Resource Permit As-Built Certification by a Registered Professional" (Form No. 62-343.900(5), F.A.C.), and "Request for Transfer of Environmental Resource Permit Construction Phase to Operation Phase" (Form 62-343-900(7), F.A.C.). Additionally, if deviations from the approved drawings are discovered during the certi�cation process the certification must be accompanied by a copy of the approved permit drawings with deviations noted. 14. This permit is valid only for the specific processes, operations and designs indicated on the approved drawings or exhibits submitted in support of the permit application. Any substantial deviation from the approved drawings, exhibits, specifications or permit conditions, including construction within the total land area but outside the approved project area(s), may constitute grounds for revocation or enforcement action by the Department, unless a modification has been applied for and approved. Examples of substantial deviations include excavation of ponds, ditches or sump areas deeper than shown on the approved plans. 15. The operation phase of this permit shall not become effective until the permittee has complied with the requirements of the conditions herein, the Department determines the system to be in compliance with the permitted plans, and the entity approved by the Department accepts responsibility for operation and maintenance of the system. The permit may not be transferred to the operation and maintenance entity approved by the Department until the operation phase of the permit becomes effective. Following inspection and approval of the permitted system by the Department, the permittee shall request transfer of the permit to the responsible operation and maintenance entity approved by the Department, if different from the permittee. Until a transfer is approved by the Department pursuant to Section 62-343.110(1)(d), F.A.C., the permittee shall be liable for compliance with the terms of the permit. 16. Should any other regulatory agency require changes to the permitted system, the Department shall be notified of the changes prior to implementation so that a determination can be made whether a permit modification is required. Permittee: William A. Day Living Trust File No.: 52-0293578-001 Page 4 of 12 17. This permit does not eliminate the necessity to obtain any required federal, state, local and special district authorizations including a determination of the proposed activities' compliance with the applicable comprehensive plan prior to the staR of any activity approved by this permit. 18. This permit does not convey to the permittee or create in the permittee any property right, or any interest in real property, nor does it authorize any entrance upon or activities on property which is not owned or controlled by the permittee, or convey any rights or privileges other than those speci�ed in the permit and Chapter 40D-4 or Chapter 40D-40, F.A.C. 19. The permittee is hereby advised that Section 253.77, F.S., states that a person may not commence any excavation, construction, other activity involving the use of sovereign or other lands of the state, the title to which is vested in the Board of Trustees of the Internal Improvement Trust Fund without obtaining the required lease, license, easement, or other form of consent authorizing the proposed use: Therefore, the permittee is responsible for obtaining any necessary authorizations from the Board of Trustees prior to commencing activity on sovereignty lands or other state- owned lands. 20. The permittee shall hold and save the Department harmless from any and all damages, claims, or liabilities which may arise by reason of the activities authorized by the permit or any use of the permitted system. 21. Any delineation of the extent of a wetland or other surface water submitted as part of the permit application, including plans or other supporting documentation, shall not be considered binding unless a specific condition of this permit or a formal determination under section 373.421(2), F.S., provides otherwise. 22. The permittee shall notify the Department in writing within 30 days of any sale, conveyance, or other transfer of ownership or control of the permitted system or the real property at which the permitted system is located. All transfers of ownership or transfers of a permit are subject to the requirements of section 62-343.130, F.A.C. The permittee transferring the permit shall remain liable for any corrective actions that may be required as a result of any permit violations prior to such sale, conveyance or other transfer. 23. Upon reasonable notice to the permittee, Department authorized staff with proper identification shall have permission to enter, inspect, sample and test the system to insure conformity with Department rules, regulations and conditions of the permits. 24. If historical or archaeological artifacts are discovered at any time on the project site, the permittee shall immediately notify the Department and the Ftorida Department of State, Division of Historical Resources. 25. The permittee shall immediately notify the Department in writing of any previously submitted information that is later discovered to be inaccurate. SPECIFIC CONDITIONS: The permittee shall be aware of and operate under number 1 through 25 of the aforementioned "General Conditions". The General Conditions are binding upon the permittee and enforceable pursuant to Chapter 403 of the Florida Statutes. Permittee: William A. Day Living Trust File No.: 52-0293578-001 Page 5 of 12 2. Submittals required herein shall be directed to: Department of Environmental Protection Environmental Administrator Environmental Resource Management Program Southwest District 13051 North Telecom Parkway Temple Terrace, FL 33637-0926 hereafter referred to as "the Department". Submittals include, but are not limited to, record drawings, progress reports, mitigation monitoring reports and water quality monitoring reports. Submittals shall include the permittee's name and permit number. 3. In the event the permittee files for bankruptcy prior to completion of work permitted and required by this permit, the permittee must notify the Department within 30 days of filing. The notification shall identify the bankruptcy court and case number and shall include a copy of the bankruptcy petition. . 4. Progress reports for the project shall be submitted to the Department beginning January 1, 2010, and shall continue to be submitted quarterly until construction of the permitted project is compiete. The cover page shall indicate the permit number, project name and the permittee name. Progress reports must be submitted to the Department if there is no ongoing construction. Reports shall include the current project status and the construction schedule for the following three months. The report shall include the following information: a. Date permitted activity was begun; if work has not begun on-site, please indicate. b. Brief description and extent of the work (i.e., demolition, dock construction) completed since the previous report or since the permit was issued. Show on copies of the permit drawings those areas where work has been completed. c. Brief description and extent of the work (i.e. demolition, dock construction) anticipated in the next three months. Indicate on copies of the permit drawings those areas where it is anticipated that work will be done. This report shall include on the first page, just below the title, the certification of the following statement by the individual who supervised preparation of the report: "This report represents a true and accurate description of the activities conducted during the three month period covered by this report." PRE-CONSTRUCTION CONDITIONS: (The permittee shall complv with the followin� conditions prior to commencement of construction.) 5. Subsequent to the selection of the contractor to perform the authorized activity and prior to the initiation of work authorized by this permit, the permittee, (or authorized agent) and the contractor, shall schedule and attend a pre-construction conference with a representative of the Department's Submerged Lands and Environmental Resource Management staff. Permittee: William A. Day Living Trust File No.: 52-0293578-001 Page 6 of 12 6. The permittee shall notify the Department in writing at least 48 hours prior to commencing the work authorized in this permit (see General Condition #I 1). CONSTRUCTION CONDITIONS: 7. Storage or stockpiling of tools and materials (i.e., lumber, pilings, debris) within wetlands or other surface waters is prohibited. 8. A floating turbidity apron/curtain shall be installed around the construction area, as shown on Sheet 4 of the attached permit drawings, and will remain in place until pilings have been installed. 9. There shall be a minimum 12-inch clearance between the deepest draft of all construction vessels (with the motor in the down position) and the top of submerged resources at mean low water. 10. Wood pilings shall be entirely wrapped with High Density Polyethylene or vinyl sheeting with a minimum of 30 mil thickness from below the mudline to 2 feet above the mean high water line. Pilings which have to be replaced during the life of the facility shall meet the requirements of this condition or shall be made of composite, concrete, or other non-leaching material. MANATEE CONSTRUCTION CONDITIONS: The permittee shall comply with the following conditions intended to protect manatees from direct project effects: 11. All personnel associated with the project shall be instructed about the presence of manatees and manatee speed zones, and the need to avoid collisions with and injury to manatees. The permittee shall advise all construction personnel that there are civil and criminal penalties for harming, harassing, or killing manatees which are protected under the Marine Mammal Protection Act, the Endangered Species Act, and the Florida Manatee Sanctuary Act. 12. All vessels associated with the construction project shall operate at "Idle Speed/No Wake" at all times while in the immediate area and while in water where the draft of the vessel provides less than a four-foot clearance from the bottom. 13. Siltation or turbidity barriers shall be made of material in which manatees cannot become entangled, shall be properly secured, and shall be regularly monitored to avoid manatee entanglement or entrapment. Barriers must not impede manatee movement. 14. All on-site project personnel are responsible for observing water-related activities for the presence of manatee(s). All in-water operations, including vessels, must be shutdown if a manatee(s) comes within 50 feet of the operation. Activities will not resume until the manatee(s) has moved beyond the 50-foot radius of the project operation, or until 30 minutes elapses if the manatee(s) has not reappeared within 50 feet of the operation. Animals must not be herded away or harassed into leaving. 15. Any collision with or injury to a manatee shall be reported immediately to the Florida Fish and Wildlife Conservation Commission (FWC) Hotline at 1-888-404-FWCC. Collision and/or injury should also be reported to the U.S. Fish and Wildlife Service in Jacksonville (1-904-731-3336) for north Florida or Vero Beach (1-772-562-3909) for south Florida. Permittee: William A. Day Living Trust File No.: 52-0293578-001 Page 7 of I2 16. Temporary signs concerning manatees shall be posted prior to and during all in-water project activities. All signs are to be removed by the permittee upon completion of the project. Awareness signs that have already been approved for this use by the FWC must be used (see MyFWC.com). One sign which reads Caution: Boaters must be posted. A second sign measuring at least 8'/2" by 11" explaining the requirements for "Idle Speed/No Wake" and the shut down of in-water operations must be posted in a location prominently visible to all personnel engaged in water-related activities (see the attached "Idle Speed/No Wake" sign example). CONSTRUCTION COMPLETION CONDITIONS: (The permittee shall complv with the followin� conditions prior to the transfer to operation phase and beneficial occupancv.) 17. The permittee shall submit two copies of signed, dated and sealed as-built drawings to the Department for review and approval within 30 days of completion of construction. • The as-built drawings shall be based on the Department permitted construction drawings, which should be revised to reflect changes made during construction. Both the original design and constructed elevation must be clearly shown. The plans must be clearly labeled as "as-built" or "record" drawings. Surveyed dimensions and elevations required shall be verified and signed, dated and sealed by a Florida registered surveyor or engineer. As-builts shall be submitted to the Department regardless of whether or not deviations are present. In addition to the "As-built Certification" form; the permittee shall su6mit the "Request for Transfer of Environmental Resource Permit Construction Phase to Operation Phase" form as required in General Condition #13. The following information shall be verified on the as-built drawings from the engineering drawings signed and sealed by Brian A. Barker, P.E., #56728, on July 21, 2009: Plan View/Cross-Section Drawin� Number Site Plan Sheet 4 of 21 Profiles: Existing & Proposed Docks Sheet 7 of 21 Construction Details Sheet 16 of 21 18. No later than 30 days prior to slip occupation, the permittee shall install permanent educational and awareness manatee signs in a manner acceptable to the Florida Fish and Wildlife Conservation Commission (FWC). The permittee agrees to replace the signs in the event the signs fade, become damaged or outdated, and maintain these signs for the life of the facility. A guide for the types and locations of signs, and the process for FWC approval can be obtained by contacting the FWC at: Imperiled Species Management Section, 620 South Meridian Street, 6A, Tallahassee, Florida 32399-1600 (telephone 850/922-4330) or http://www.myfwc.com/docs/WildlifeHabitats/Manatee_EducationalS ign.pdf. OPERATING CONDITIONS: (The permittee shall comply with the following conditions for the life of the facility.) 19. Overboard discharges of trash, sewage or greywater shall not occur at the dock. 20. Handrails shall be installed and maintained as shown on Sheet 4 of the attached permit drawings. Handrails shall be constructed to eliminate access by boaters and shall be maintained for the life of the facility. Mooring is authorized only within designated slips. Permittee: William A. Day Living Trust File No.: 52-0293578-001 Page 8 of 12 21. "No Mooring" signs shall be posted at intervals of no greater than 50 feet, on the waterward side of handrails, as shown on Sheet 4 of the attached permit drawings. The signs shall advise boaters that mooring is prohibited in those areas at all times, and shall be mounted in such a manner as to be c(early visible by boaters approaching the facility. 22. Fish cleaning stations with lined, sealed waste containers shall be installed and maintained as shown on Sheets 4 and 18 of the attached permit drawings. The permittee shall ensure that fish waste is regularly disposed of in appropriate upland receptacles. Overboard discharges of carcasses or other substantial fish remains shall not occur at the facility. 23. Hull cleaning, painting or other extemal maintenance is prohibited at the authorized facility. 24. The slips shall not be occupied by liveaboards. A liveaboard is defined as a vessel docked at a facility and inhabited by a person or persons for any five (5) consecutive days or a total of ten (10) days within any thirty (30) day period. 25. Fueling facilities shall not be provided at the marina. END OF SPECIFIC CONDITIONS RIGHTS OF AFFECTED PARTIES This permit is hereby granted. This action is final and effective on the date filed with the Clerk of the Department un(ess a sufficient petition for an administrative hearing is timely filed under sections 120.569 and 120.57 of the Florida Statutes as provided below. If a sufficient petition for an administrative hearing is timely filed, this action automatically becomes only proposed agency action on the application, subject to the result of the administrative review process. Therefore, on the filing of a timely and sufficient petition, this action will not be final and effective until fuRher order of the Department. Mediation is not available. A person whose substantial interests are affected by the Department's action may petition for an administrative proceeding (hearing) under sections 120.569 and 120.5'7 of the Florida Statutes. The petition must contain the information set forth below and must be filed (received by the clerk) in the Office of General Counsel of the Department at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399-3000. Under rule 62-110.106(4) of the Florida Administrative Code, a person whose substantial interests are affected by the Department's action may also request an extension of time to file a petition for an administrative hearing. The Department may, for good cause shown, grant the request for an extension of time. Requests for extension of time must be filed with the Office of General Counsel of the Department at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399-3000, before the applicable deadline. A timely request for extension of time shall toll the running of the time period for filing a petition until the request is acted upon. If a request is filed late, the Department may still grant it upon a motion by the requesting party showing that the failure to file a request for an extension of time before the deadline was the result of excusable neglect. Permittee: William A. Day Living Trust File No.: 52-0293578-001 Page 9 of 12 If a timely and sufficient petition for an administrative hearing is filed, other persons whose substantial interests will be affected by the outcome of the administrative process have the right to petition to intervene in the proceeding. Intervention will be permitted only at the discretion of the presiding officer upon the filing of a motion in compliance with rule 28-106.205 of the Florida Administrative Code. In accordance with rule 62-110.106(3), Florida Administrative Code, petitions for an administrative heazing by the applicant must be filed within 21 days of receipt of this written notice. Petitions filed by any persons other than the applicant, and other than those entitled to written notice under section 120.60(3) of the Florida Statutes must be filed within 21 days of publication of the notice or within 21 days of receipt of the written notice, whichever occurs first. Under section 120.60(3) of the Florida Statutes, however, any person who has asked the Department for notice of agency action may file a petition within 21 days of receipt of such notice, regardless of the date of publication. The petitioner shall mail a copy of the petition to the applicant at the address indicated above at the time of filing. The failure of any person to file a petition for an administrative hearing within the appropriate time peri,od shall constitute a waiver of that person's right to request an administrative determination (hearing) under sections 120.569 and 120.57 of the Florida Statutes. A petition that disputes the material facts on which the DepaRment's action is based must contain the following information: (a) The name and address of each agency affected and each agency's file or identification number, if known; (b) The name, address, and telephone number of the petitioner; the name, address, and telephone number of the petitioner's representative, if any, which shall be the address for service purposes during the course of the proceeding; and an explanation of how the petitioner's substantial interests are or will be affected by the agency determination; (c) A statement of when and how the petitioner received notice of the agency decision; (d) A statement of all disputed issues of materiat fact. If there are none, the petition must so indicate; (e) A concise statement of the ultimate facts alleged, including the specific facts that the petitioner contends warrant reversal or modification of the agency's proposed action; (� A statement of the specific rules or statutes that the petitioner contends require reversal or modification of the agency's proposed action; and (g) A statement of the relief sought by the petitioner, stating precisely the action that the petitioner wishes the agency to take with respect to the agency's proposed action. A petition that does not dispute the material facts on which the Department's action is based shall state that no such facts are in dispute and otherwise shall contain the same information as set forth above, as required by rule 28-106.301. Under sections 120.569(2)(c) and (d) of the Florida Statutes, a petition for administrative hearing must be dismissed by the agency if the petition does not substantially comply with the above requirements or is untimely filed. This permit constitutes an order of the Department. Subject to the provisions of paragraph 120.68(7)(a) of the Florida Statutes, which may require a remand for an administrative hearing, the applicant has the right to seek judicial review of the order under section 120.68 of the Florida Statutes, by the filing of a Permittee: William A. Day Living Trust File No.: 52-0293578-001 Page 10 of 12 notice of appeal under rule 9.110 of the Florida Rules of Appellate Procedure with the Clerk of the Department in the Office of General Counsel, 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida, 32399-3000; and by filing a copy of the notice of appeal accompanied by the applicable filing fees with the appropriate district court of appeal. The notice of appeal must be filed within 30 days from the date when the order is filed with the Clerk of the Department. The applicant, or any party within the meaning of section 373.114(1)(a) or 373.4275 of the Florida Statutes, may also seek appellate review of the order before the Land and Water Adjudicatory Commission under section 373.114(1) or 373.4275 of the Florida Statutes. Requests for review before the Land and Water Adjudicatory Commission must be filed with the Secretary of the Commission and served on the Department within 20 days from the date when the order is filed with the Clerk of the Department. Executed in Temple Terrace, Florida. STATE OF FLORIDA DEPARTMENT OF ENVIlZONMENTAL PROTECTION �� eborah A. Getzoff District Director Southwest District DAG/(ajm) Copies furnished to: DEP, Office of General Counsel U.S. Army Corps of Engineers FWC, Imperiled Species Management Section Attachments: Project Location Map and Drawings, 9 pages Idle Speed/No Wake manatee sign, 1 Page Construction Commencement Notice/62-343.900(3), 1 page Annual Status Report/62-343.900(4), 1 page As-built Certification/62-343.900(5), 1 page Request for Transfer to Operation Phase/62-343.900(7), 2 pages Application for Transfer of an Environmental Resource Permid62-343.900(8), 1 page Permittee: William A. Day Living Trust File No.: 52-0293578-001 Page 11 of 12 CERTIFICATE OF SERVICE The undersigned duly designated deputy cle k hereby certifies that this permit, including all copies, was mailed before the close of business on 0, to the above listed persons. FII.ING AND ACKNOWLEDGMENT FILED, on this date, under 120.52(7) of the Florida Statutes, with the designated Department Clerk, receipt of which is hereby acknowledged. r Clerk Date � � � Permittee: William A. Day Living Trust File No.: 52-0293578-001 Page 12 of 12 L f+� PINELLAS COUNTY WATER & NAVIGATION CONTROL AUTHORITY 315 COURT STREET, CLEARWATER, FLORIDA 33756 ISSUED TO: ALBERT P CARRIER, P.E./DEUEL AND ASSOCIATES FOR WILLIAM A DAY CONSTRUCTION SITE: 473 EAST SHORE DRIVE, CLEARWATER. FL 33764 DESCRI PTION: 08-29-15-16434-003-0�60 Permit is valid for 3 years TO REPORT START DATE AND COMPLETION DATE, CALL: (727Z464-3770 PERMIT NC�.CD - 39624 09 1. PERMITS MAY ALSO BE REQUIRED FROM THE FOLLOWING AGENCIES: FL D.E.P & U.S. ARMY C.O.E. 2. THE WATERS OF PINELLAS COUNTY ARE LOCATED WITHIN THE PINELLAS COUNTY & BOCA CIEGA BAY AQUATIC PRESERVE. SPECIAC REGULATIONS EXIST THAT GOVERN THE CONSTRUC- TION WITHIN AN AQUATIC PRESERVE. PLEASE CONTACT THE FL D.E.P. 3. THIS PERMIT IS VALID FOR A DOCK STRUCTURE ONLY. ELECTRICAL & WATER/SEWER INSTALLATIONS W(LL REQUIRE SEPARATE PERMITS FROM THE APPROPRIATE (Municipal or County) BUILDING DEPARTMENT. 4. THIS PERMIT IS SUBJECT TO A 30 DAY APPEAL PERIOD FROM DATE OF ISSUE- CHAPTER 31182, SPECIAL ACTS OF FLORIDA, 1955 AS REVISED. CLERK: KEN BURKE 1 � �; : � � �. � �-. - DATE OF ISSUANCE: ____ _ _ _ os��_ 7�09 FINAL INSPECTION: / / THIS PERMIT IS REQUIRED T� BE POSTED IN A CONSPICUOIJS LOCATION AT THE CONSTRUCTION SITE. f Oirsct atl correspondence to: Cierk, Water �nd Navlgatt Conirol Authorit� 315 Court Straat Cteerwater, FL �3756 - . �� .e,,... ,."' li.�sy.F i�{ •..,Sn � �l.�Lf � � LO6iV, . � Ef�4�lROR�.P�C�TAL P��A��aGE 9E�? � # �ll G �p�`i— � � - -----_`, (QFFI�ClAL USE CNLYj ^ � ,� S C� ��,,� --F l Oc�p ��l ��s (� c)-1- a SZ��-�'- �( Of COn�lYIERCIAL AI`'D 11'�Ti,TI.USE. DOCK PERM�T �iPPLICATION PINELLAS COU2ti"TY «'�TER AI�*D NA��iGATION CONTROL AU'�'I�QR,I�'y �� R � � � �� , �: -°-�-� Pleast type, or hand print in BLACK in.k �`"�� _�� I. PROPERTY O�'NER INFORMATIOl�': � � Wi 1 1 i am A. Day t �� Z�Q� A. Applicant's Narne: _ I ' , 473 East Shore Drive B. r4ailingAddress: ._ -� ►E1�VIRQNMEP�T,�L �,4l�NA, ^� ,. Cit�: C 1 ea rwa t er State: F� Zqp; 33767 � �� C. Telephone No.(s): �727) 447-7440 Lt. AGEh'T INFORAZATIO:�': � A.I�'ame; t Albert.P. Carrier, P.E. / Deuel & Associates B. Address: 4625 East Bay Dri ve, �i te 211 City: C 1 ea rwa te r State: F� Zi.p: 33764 C. Telephonel�TO,(s): �727) 822-4151 _ '��;�� III. .SITE II�'FOR11iATI0;�: A. ConstructionSiteAddress.: �73 East Shore .Drive City: C 1 ea rwa te r � FEB ` 6 ZU�� the Ct�r� af -- •��nYlA1V IN B. Intended Use: Proposed deve lopment of 10-boat s 1 i p.dock i n� aci '' assocated utilities. . C. Parcel.IDNumber: 08 / 29 / 15 / T64 4 / OQ3/ OObO D. Incorporated: � Unincorposated: ❑ E. Affectedwaterbody: Mandalay Channel / Clearwater Harbor F. Previous Permits: ��/A G. Date applicant assumed property ownership: ; H. Obstructions: (dogs, fences, etc.) �`lone OR/19.92 I. Attach 8-1/2" X 11", vicinity map showing specific project location: J. All other information pursuant to P.C.O. 90-19 Eamended), Section 10.9, as needed. Fi. Does the project abut residentially zoned propErty? Yes �. A*o 0 L. For projects r�quiring a public heazing., attach. a copy of the complete legal description. This projeci may also require approv�ls fro� the Florida Dept af �Environm�nta! Pretec!io� (813•632•76001 anu the l�.S�. Armti� �orRs of Engineers u, z.��a.�n�m � DIWVW�rtIENVht(i��t.?/^�,y�86N 541:9t V� � � R'. PROJECT' DESCRIPTION: MULTI-USE d Appficatior, N _`.I � �� (G �-l� _ � � �� ° (OFFIClAL USE ONLY) COA2MERCIAL � . A. Nature and Size ofProjecti Demol i sh and remove exi..st i ng 6-s 1 i p dock st ructure and construct 10-slip dock structure. Square feet: 3, 269 B, Variance: Yes O No �f Amount in vaiiance: Lensth: ' Width: �,_' Setbacks: % ; R , OLher: F.lexible Development, 22q of waterwav widtti NOT'E: It is the applicant's reaponsibility to clearly demonstrate thet nny requested variances are conaistent with the variance criteria of the PinelTas Couaty Water and Navigation Control Authority Regulations. The ap.plicant must submit a written varianee request outlinfng the nature of and need for any variances. The app�icant must demonstxate that a literal enf�rcement of the regulations would iesult in �n extreme hardship due to the unique nature of the project and the applicant's property. The hardship must nat be created by action(s) of the proparty owner(s). The granting of Lhe variance rnust be in harmony t�vith the general intent of the reguletions and not infringe u.pon the property rights of others. The variance zequested must be .the .minimum possible to allo� for 'the reas.onable use of the appiicant's property. Should the applicant fail to demonstrate that any variance request is coasistent K•ith the criteria outlined in the regulations, staff cannot recommend approval of the application. 1'. COIVTRACTQK IIr'FORA�ATION: I� , a certified contract�r, state that the dock has not been constructed and that it will bo built in com.plia�nce kith a11 requirements and standards set forth in the "Rules and Regulations" of the PinelTas County Water and 3�'avigation C4ntrol Authority, and in accordance with the attac3�ed drawings which accurately represent all the information required to be furnished. In the event that this dock is not built in accordance with the permit or the'information furnished is not. correct, I agree ' to.either remove the dock or correct the deficiency. Signed: Cezt. 2v'o.: Compeny� Name: Telephoae No.: Address: VI. Oi'VNE�t'S STGI�'ATURE: I hereby apply for a permit to do the above work and state that the same will be done according to the map or plan attached hereto and made a part hereof, and agree to abide by the "Rules and Regt�lations" of the Pinellas County Water and Navigatior� Control Authority far such constructioa and, if said construction is within the corporate limits of a municipality, to first secure appro��al from said municipality. I further state that said construction will be rnaintained in a safe condition at ell timcs, should this application be approved, that I am the legal owner of the upland from r��hich I herein propose to construct the improvem.ents, and that the above stated agent/cantractor may act ea my representative. I understenc! that I, not Pinellas Couttty, am responsible for the accuracy of the information provided as part of this application aAd that it is my responsibility to obtain sny necessary permits and approvals applicable for the proposed acti��ities on either priv�te or sovereign qwned submerge� d. � �-��/�� ' � / . �--- ' �u�,�.r�-l�- ,-,-. 1 � . �,� , ,t�. �; � Date Legat Ox�ner's Signa re DilYVD,'uIiENVM:.MNhComlB# t,Zyp� � �� . � T �� x „ � �* , ; �� - � � k � '�. ` � � - _ . �� ,� `� � � � � � � � � � � � � � �x4`� � � . �; �, n. � * , . 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To provide continuity for research, items are in agenda order although not necessarily discussed in that order. 2— Minutes Approval — Februarv 13, 2008 Member O'Brien moved to approve the minutes of the Marine Advisory Board meeting of February 13, 2008, as submitted in written summation to each board member. The motion was duly seconded and carried unanimously. 3 — New Business East Shore Resort proposed dock Marine & Aviation Director Bill Morris said Billy Day, a property owner on East Shore Drive, is proposing new docks to replace the existing docks on the property. He said he had requested that Mr. Day provide drawings to the board depicting the location of required 25% width of the waterway for the project, including a line depicting the limitations for the existing docks. He said the application requires review by the DRC (Development Review Committee), and the CDB (Community Development Board). It was remarked that the line that Deuel & Associates drew on the schematics to depict the existing docks should be renamed, as it appears to be an official demarcation line in the waterway. AI Carrier, Deuel & Associates, reviewed the schematics of the proposed project. He stated he met with the DRC and Planning Staff, including the Planning Manager, who indicated that the proposal meets the intent of Beach by Design and complies with the City ordinance. He said although staff indicated their general support of the project during the meeting, they requested the applicant obtain the MAB's (Marine Advisory Board) support prior to moving forward with the application process. In response to questions, Mr. Carrier said the total length of the proposed project is approximately 248 feet and the width meets the requirements in the Community Development Code. He said the project must meet a 30% required setback from the north property line and a 10°/o setback from the south property line. Mr. Morris said a commercial dock's length is generally 75% of the width of the waterfront. Mr. Carrier said the Marine Advisory 2008-03-12 • • project is considered a marina. However, the project consists of single boat slips with boat lifts, except for four wet slips on the easternmost portion of the project, for use by private individuals. He said there are existing docks along the seawall. The project protects seagrasses by extending the docks.farther into the waterway. Concern was expressed that the 18.5-foot wide slips are for mega-boats, that boat slips of this size may encroach on adjacent properties, that adjacent property owners may want to develop commercial docks if this project is approved, and that public interest and navigational access needs to be protected. Mr. Day said some of the existing docks cannot be used at low tide. He said the submerged lands he owns extend into the waterway 456 feet from shore. Mr. Day said there is sufficient space for larger boats to navigate to and from the proposed docks, that he does not want to increase the number of slips or reduce their size, that he prefers nicer boats to be docked in this area, and that he has no intention of selling the docks. He briefly reviewed the uses on the surrounding properties he nwns. He said the adjacent property owners support the project. Mr. Carrier stated that Mr. Day's project includes areas for fishing and sufficient on-site parking with 14 additional parking spaces across the street. Discussion ensued regarding ownership of adjacent properties and their potential future development. Member O'Brien moved to approve the proposed project. The motion was duly seconded. Discussion ensued. A remark was made that a recommendation regarding the project be postponed until board members have the opportunity to visit the property. In response to a question, Mr. Day said that boats no larger than 40 feet would use the slips. He said he plans to request boat lifts for all slips to avoid potential permitting problems in the future. Discussion ensued�regarding potential conflicts for residential properties in areas zoned Commercial, and the uses in a Commercial zoning district. It was remarked that this project does not appear to affect navigation in the area, that the praperty is unique in that the property owner owns the submerged lands, that the property owner has adequate parking although the property is encumbered somewhat by width, and that adjacent land uses would not be adversely affected by this project. It was remarked that Mr. Day has indicated adjacent property owners support the project. A concern was expressed that as the City has no comprehensive dock ordinance, that this project sets a precedence for the southernmost property owner's potential use of his property. Mr. Day said there is no other location in the City that is sufficient to accommodate the type of boats he prefers on this property. Upon the vote being taken, Members Hemerick, McFarland, O'Brien, Calhoun, and Chair Kelley voted "Aye"; Member Smith voted "Nay". Motion carried. Mr. Carrier stated approximately six to eight months ago, the City's Planning Manager attempted to work with property owners from Baymont Avenue to the Roundabout to implement an NCOD (Neighborhood Conservation Overlay District) to ensure the area is cohesive. He suggested the MAB could be the catalyst to revive the effort. 4 — Old Business Dock Ordinances Mr. Morris stated the MAB had recommended in previous meetings that the City Council direct someone to rewrite the existing dock ordinance to be more comprehensive. In response to a question, Mr. Morris said after receiving the MAB's recommendation for a comprehensive Marine Advisory 2008-03-12 2 • � dock ordinance, Council requested that Mr. Morris obtain specific changes from the MAB regarding their recommendation. Mr. Morris said he had asked a former MAB member's viewpoint on dock limitations. The former member suggested to Mr. Morris that when concerns arise regarding proposed dock applications, that dock lengths conform to the setbacks required by Code and that dock applications be reviewed on their own merits and according to their location in the waterway. Discussion ensued with comments: 1) Unless Council directs the MAB to proceed with a dock ordinance rewrite, the MAB's efforts and recommendations may not be considered; 2) That as the MAB is an advisory board, not a quasi judicial board as is the CDB (Community Development Board), it is the Council's choice whether or not to consider the MAB's opinions and recommendations; 3) That Council and staff do ask for the MAB's input; 4) That the most powerFul person in the planning process with respect tojwaterway issues is the Harbormaster; 5) That the processes in place are being followeti and fihat Clearwater has more review levels than do most municipalities; 6) That stacking of properties needs to be considered during the dock application process; 7) That although this project does not impact navigation or public rights-of- way, all projects need to be carefully considered to find a compromise that works well for everyone; 8) That dock applications should be reviewed on an individual basis, as Section 3- 601 of the Community Development Code is subjective; 9) That applications that come before the MAB need to be carefully considered prior to the board making recommendations without visiting the project area and having all pertinent information; 10} That projects must adhere to Code; and 11) That MAB minutes or a transcript of the meetings should be available to CDB members prior to CDB meetings, as at the last CDB meeting, Mr. Morris did not exactly describe how the MAB voted. It was remarked that if a new dock ordinance prevents commercial revitalization of the waterfront, the result would be vacant, decaying properties. It was questioned if the dock ordinance should be rewritten, as it could have a shelf life due to the limited amount of developable watertront property left in the City. Discussion ensued regarding opportunities for docks on Sand Key. It was remarked that seagrasses and water depths on Sand Key prohibit the construction of docks. Yacht Basin Project Mr. Morris said at their first meeting in April, Council will consider an ordinance to restrict overnight dockage at public docks. The ordinance would only allow dockage between 8:00 a.m. and 10:00 p.m. Security patrols would ticket boaters that violate the ordinance. Mr. Morris said he anticipates construction of the Yacht Basin Project to start in June. Advisory Board Appreciation Dinner The Chair requested that board members RSVP to the Clerk's Office no later than today if they plan to attend this year's Advisory Board Appreciation Dinner. Fuel Prices at Marina Mr. Morris said by 2010, only ultra low diesel fuel will be available for use at the Marina. Currently, the Marina provides boaters with low sulfur diesel fuel, which is not cost effective, as it reportedly can only be reliably obtained from Port Everglades by the Marina's current vendor. He is working to �ower the cost of the fuel provided at the Marina by negotiating with the current fuel vendor and talking to other local vendors. Mr. Morris said commercial boaters already receive a fuel discount. Marina tenants would be notified of any fuel changes. In response to a Marine Advisory 2008-03-12 g • • , question, he said over half of the people that call the Marina ask if Valvtec fuel is available. He said the Marina benefits from marketing done by Valvtec and Boat US. In response to a question, Mr. Morris said efforts to more proactively advertise the Marina include attending more boat shows and providing a link to the Marina's web page on the City's web site. He said many Boat US members traverse a corridor from Mobile Bay to Clearwater. Hopes are that Clearwater can partner with some marinas in Mobile, Alabama to advertise all the marinas along the route. In response to a question, Mr. Morris estimated that construction on the Memorial Causeway pedestrian bridge adjacent tQ the Marina would be completed within the next 60 to 90 days. The Marina parking lot will lose a few spaces in the easternmost corner of the parking lot upon completion of the roadway pro}ect. ; � ��;a Sailing Center In response to a question, Mr. Morris said the lowest bid for Sailing Center renovations is $269,000. Renovations do not include heating or air conditioning. The Council will review the proposal at their March 20, 2008 meeting. The Sailing Center hopes to partner with Brighthouse Networks for advertising. Beach Ramp Mr. Morris said the beach ramp that had previously been damaged is not slated for repairs in the near future due to budget constraints. He said a private property owner has offered to purchase a parcel of land next to the beach ramp from Progress Energy. He would build boat slips and repair the damaged beach ramp. Mr. Morris said the City had tried several times to purchase the parcel from Progress Energy to no avail. 5- Aqenda for next meetinq on April 9, 2008 6 — Adiournment The meeting adjourned at 9:18 a.m. Attest: Board Reporter Marine Advisory 2008-03-12 Chair, Marine Advisory Board 0 �� r;_ ��; ti' e � � BENTHIC �URVEY East Shore Resort �� , Prepared for: Mr. Bill Day East Shore Resort 473 East Shore Drive Clearwater Beach, Florida 33767 SubmittPd �y: Woods Cor�sulting, Inc. February 23, 2�05 LJ � r'' � �. ��y .. � 1 . i�7 • Woods Consui ng Environmenta! Permitting Marine Engineering Hydrogeology Land P/anning February 21, 2005 Bill Day East Shore Resort 473 East Shore Drive , Clearwater Beach, Fiorida 33767 Re: Benthic Survey Report , Dear Mr. Day: '"° 1714 County Road 1, Suite 22 Dunedin, FL 34698 Woods Consulting, Inc. performed a Benthic and Bathymetric Survey for the East Shore Resort site. Sherry Bagley, Senior Permitting Specialist, performed th� Benthic Survey on February 16, 2005. A total of 7 transects were swam to note the occurrence of `sea grasses, worm tubules, fish, crabs, oysters, algaes, etc. and to determine depths. The survey area exhibits a sand bottom with some overlying silts. Barnacles (Balanomorpha) and oysters (Crassotrea virginica) were present along the existing seawall from the mean high water line to the bottom. Oysters were also attached to all the existing dock pilings. A band of Cuban Shoal sea grass (Halodule wrighti!) begins 1 to 5 ft. from the seawall and extends 27 to 30 ft. from the seawall along the entire property. The grass is dense in this area. No other seagrasses were found. A small flounder (Paralichfhys albigutta) and several sheepshead (Archosargus probatocphalus) were sited during the survey. The bathymetric survey shows 3 ft. of water depth (MLW) was reached at approximately 20 ft. from the seawall. Depths in the exis.ting slip area are 5.5 ft. to 8 ft. (MLW). If you have any questions, please call. My regards, d/ Sherry Bagley Senior Permitting Specialist . Woods Consulting, Inc. \\Woodsserver\projectslEast Shore Resort (171-OS)�Benthic�Benthic report.wpd Office: (727) 786-5747 Fax: (727) 786-7479 Email:billwoods@woodsconsulting.org � INoods Consui ng Environmenta! Permitting Marine Engineering Hydrogeology Land Plannrng 1714 County Road 1, Suite 22 Dunedin, FL 34698 Office: (727) 786-5747 Fax: (727) 786-7479 Email:billwoods@woodsconsulting..org