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FLD2007-11037 (2)~tili~ FLD2007-11037 61 BRIGHTWATER DR COMM ISLAND TOWNHOMES PLANNER OF RECORD: WW ATLAS # 276A ZONING: T LAND USE: RFH RECEIVED: 11/19/2007 INCOMPLETE: COMPLETE: MAPS PHOTOS: STAFF REPORT: DRC CDB: CLWCoverSheet Clearwater Planning Departmelrt 100 South Myrtle Avenue Clearwater, Florida 33756 Telephone: 727-56211567 Fas: 727-562-4865 :_:~ SUBMIT ORIGINAL SIGNED AND NOTARIZED APPLICATION SUBMIT f 4 COPIES OF THE ORIGINAL APPLICATION -Plans and appliastion are required to be collated, stabled, and fdded into sets SUBMIT FlRE PRELIMARY SITE PLAN: 5200.00 i- SUBMIT APPLICATION FEE ~ NOTE: t 5 TOTAL. SETS OF INFORMATION REQUIRED (APPf3(ATIONS PLUS StTE PLAN SETS) CASE #: RE:CE:IVED BY (staff initials): DATE RECEIVED: ORIGINAL RECENED Gov 3 0 2007 PLANNING DEPARTMENT CITY OF CLEARWATER FLEXIBLE DEVELOPMENT APPLICATION ~Infill Proj~t {Revised 04/Z4/L007) ^-PLEASE TYPE OR PRINT^• A. APPLICANT, PROPERTY OWNER AND AGENT INFORMATION: (Code Section 4-202.A) APPLtCArrTNAME: Clearwater Townhomes Inc -nAIUNG ADDRESS: 161 Brightwater Drive #10 Clearwater F1. 33767 PHONE NUMBER: - - FAX NUMBER: 727-442 CELL NUMBER: EMAIL• rjsk1234Laol.com PROPERTY OWNER(S): See AttaChP.d L~~IClaV1tS List ALL owners on the deed (s) AGENT NAME: MAILiNGADOflESS: ~,Bltvh •r~i•cr r7riLP_ C:laarwata_r F) PHONE NUMBER: 7~7-~~-R~~ FAX NUMBEA: CELL NUMBER: 777-F.~R-4(17 EMAIL: B. PROPOSED DEVELOPMENT INFORMATION: (Code Section 4-202.A) PROJECT NAME: l$ arld T04Vr1 orrle$ PROJECT VALUATION: STREET ADDRESS PARCEL)wMBER(Sr 8/29/15/049321000/0140, x150 , 0160 PARCEL SIZE (aces): .47 aC. PARCEL SIZE (square feet}: LEGAL DESCRIPTION: L.OtS14,15,16,BaySlde Sub. #2 Bk27Pg32-33 PROPOSED USE(S): K8SIO2f1i131 - mfetvar vwnCrmnN DESCRIPTION OF REQUEST: See Attached AdderldurrlS A&B j Spedfiplly identify the request ~ Qndude number of units or square !, footage of non-residential use and alt '~ requested code deviatia~s: e.g. paddng spaces, sped5c use, etc) C:IDoamteMS and SetSngskterek.fergusanlDesktgp~planningf~ 0707tR~dentiet fnfifi Project {FLD} 04-24.07.dOG Page 1 of 8 • FLD2007-11037 LEGAL DESCRIPTION LOTS 1, 2, 3, 6, 7, 8, 9 AND 10, CLEARWATER TOWNHOMES, ACCORDING TO THE PLAT RECORDED IN PLAT BOOK 127, PAGES 46 - 47, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA. PARCEL NUMBERS 08/29/15/43454/000/0010 08/29/15/43454/000/0020 08/29/15/43454/000/0030 08/29/15/43454/000/0060 08/29/15/43454/000/0070 08/29/15/43454/000/0080 08/29/15/43454/000/0090 08/29/15/43454/000/0100 DOES THIS APPLICATION INVOLVE THE TRANSFER OF DEVELOPMENT RIGHTS (TDR), A PREVIOUSLY APPROVED PLANNED UN DEVELOPMENT, OR A PREVIOUSLY APPROVED {CERTIFIED) SITE PLAN? YES _ NO _ (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 (see page r) ~ ,a-'i'C~G,rt~ t7A- ~ T ~5 `7 D. p 1. WRITTEN SUBMITTAL REQUIREMENTS: (Code Section 3-913.A) Provide complete responses Yo the six (6) GENERAL APPLICABILITY CRITERIA -Explain how each criteria is achieved, in detail: The proposed development of the land will be in harmony with the scale, bulk, coverage, density and character of adjacent properties in which it is located. CC __ ~ 2. The proposed development will not hinder or discourage the appropriate development and use of adjacent land and buildings or significantly impair the value thereof. ... .. ---- - ~. ~7T~-G,fr~ B _____^.~--- _..._.._.._..-----------....--- 3. The proposed development will not adversely affect the health or safety of persons residing or working in the neighborhood of the proposed use. - ~ .. 4. The proposed development is designed to minimize traffic congestion. 5. The proposed development is consistent with the community character of the ilmm~ed~iate vicinity of the parcel proposed for development. s~ ~/:JFi /fFiGlt~. ~~ ~ .. -- ----- 6. The design of the proposed development minimizes adverse effects, including visual, acoustic and olfactory and hours of operation impacts, on adjacent properties. .. S,~ ~A-~-~a. " REt~rVEC~ p1.Ai~f~;iNG ui:?~.RTMENT S:\Planning Department\Application Forms\Development Review\2007 Forms\Comprehensive~ 1~-Fect ~~`~~~~~~7.doc Page 2 of 8 WRITTEN SUBMITTAL REQUIRE iVTS: {Comprehensive Infill Redevelopment Project Criteria) O Provide complete responses to the six (6) COMPREHENSIVE INFILL REDEVELOPMENT PROJECT CRITERIA -Explain how each criteria is achieved, in detail: 1. The development or redevelopment is otherwise impractical without deviations from the use and/or development standards set forth in this zoning district. 5,~ " 8 '- 2. The development or redevelopment will be consistent with the goals and polices of the Comprehensive Plan, as well as with the general purpose, intent and basic planning objectives of this Code, and with the intent and purpose of this zoning district 3. The development or redevelopment will not impede the normal and orderly development and improvement of surrounding properties. 4. Adjoining properties will not suffer substantial detriment as a result of the proposed development. ~~~ . 5. The proposed use shall otherwise be permitted by the underlying future land use category, be compatible with adjacent land uses, will not substantially alter the essential use characteristics of the neighbomood; and shall demonstrate compliance with one or more of the following objectives: a. The proposed use is permitted in this zoning district as a minimum standard, flexible standard or flexible development use; b. The proposed use would be a significant economic contributor to the City's economic base by diversifying the local economy or by creating jobs; c. The development proposal accommodates the expansion or redevelopment of an existing economic contributor, d. The proposed use provides for the provision of affordable housing; ' e. The proposed use provides for development or redevelopment in an area that is characterized by other similar development and where a land use plan amendment and rezoning would resulttn a spot land use or zoning designation; or f. The proposed use provides for the development o~~f a new and/or preservation of a working waterfront use. 6. Flexibility with regard to use, lot width, required setbacks, height and off-street parking are justified based on demonstrated compliance with all of the following design objectives: a. The proposed development will not impede the normal and orderly development and improvement of the surrounding properties for uses permitted in this zoning district; b. The proposed development complies with applicable design guidelines adopted by the City; c. The design, scale and intensity of the proposed development supports the established or emerging character of an area; d. In order to form a cohesive, visually interesting and attractive appearance, the proposed development incorporates a substantial number of the following design elements: ^ Changes in horizontal building planes; O Use of architectural details such as columns, cornices, stringwurses, pilasters, porticos, balconies, railings, awnings, etc.; ^ Variety in materials, colors and textures; ^ Distinctive fenestration patterns; ^ Building stepbacks; and ^ Distinctive roofs forms. e. The proposed development provides for appropriate buffers, enhanced landscape design and appropriate dista \G`~,tt` .te ween buildings. S:1Planning Department\Application Forms\Development Review12007 FormslComprehensive infill Projec# (~~.~~bv4;~.dC~ic Page 3 of 8 Q G~~ ~~ E. STORMWATER PLAN SUBMI~'TAL REQUIREMENTS: (City of Clearwater Storm Drainage Design Criteria Manual and 4-202.A.2'!) ~ 3 ~~ ^ A STORMWATER NARRATIVE MUST BE SUBMITTED WITH ALL APPLICATIONS. Att applications that involve addition or modification of impervious surface, including buildings, must include a stormwater plan that demonstrates compliance with the City of Clearwater Storm Drainage Design Criteria manual. A reduction in impervious surface area does not qualify as an exemption to this requirement. ^ If a 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 lines; ^ Proposed grading including finished floor elevations of ail struc#ures; All adjacent streets and municipal storm systems; ^ Proposed stormwater detentioniretention area induding top of bank, toe of slope and outlet control structure; ^ A narrative describing the proposed s#omtwater control plan induding all calculations and data necessary to demonstrate compliance with the City manual. ^ Proposed stormwater detention/retention area induding top of bank, toe of slope and outlet control structure; ^ Signature and seal of Florida Registered Professional Engineer on all plans and calculations. ^ COPY OF PERMIT INQUIRY LETTER OR SOUTHWEST FLORIDA WATER. MANAGEMENT DISTRICT (SWFWMD) PERMIT SUBMITTAL (SWFWMD approval is required prior to issuance of City Building Permit), if applicable ^ ACKNOWLEDGEMENT OF STORMWATER PLAN REQUIREMENTS {Applicant must initial one of the following): Stormwater plan as noted above is induded Stormwater plan is not required and explanation narrative is attached. At a minimum, a grading plan and finished floor ~_ elevations shall be provided. CAUTION - IF APPLICATION REVIEW RESULTS !N THE REQUIREMENT FOR A STORMWATER PLAN 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. F. SUPPLEMENTAL SUBMITTAL REQUIREMENTS: (Code Section 4-202.A) ,(3 ~~ ^ SIGNED AND SEALED SURVEY {induding legal description of property) -One original and 14 copies; ^ TREE SURVEY (including existing trees on site and within 25' of the adjacent site, by spades, size (DBH 4" or greater), and location, including drip lines and indicating trees to be removed) -please design around the existing trees; ^ TREE INVENTORY; prepared by a "certified arborist", of all trees 4" DBH or greater, reflecting 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 (ie. Reduce number of spaces). Prior to the submittal of this application, the methodology of such study shalt be approved by the Community Development Coordinator and shall be in accordance with accepted traffic engineering prindples. The findings 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 provided); ~d' COPY OF RECORDED PLAT, as applicable; ORIGINAL s . ~F.f 1 J Z~~~ PLANNING u~r'ARTMENT CITY OF ~LEARWATER S:\Planning Depan7nent\Application Forms\Development Review\2007 Forms\Comprehensive Infill Project (FLD) 0424-07.doc Page 4 of 8 G. SITE PLAN SUBMITTAL REQUIREMENTS: (Section 4-202.A) •• Q •~ SITE PLAN with the following information (not to exceed 24" x 36"): Index sheet referencing individuat sheets included in package; North arrow; Engineering bar scale (minimum scale one inch equals 50 feet), and date prepared; All dimensions; Footprint and size of all EXISTING buildings and structures; Footprint and size of alf PROPOSED buildings and structures; _ _ All required setbacks; Ali existing and proposed points of access; All required sight triangles; Identification of environmentally unique areas, such as watercourses, wetlands, tree masses, and specimen trees, including _ desaipGon and location of understory, ground cover vegetation and wildlife habitats, etc; Location of all public and private easements; Location of all street rights-of-way within and adjacent to the site; Location of existing public and private utilities, including fire hydrants, storm and sanitary sewer lines, manholes and lift stations, gas and water lines; All parking spaces, driveways, loading areas and vehicular use areas; Depiction by shading or crosshatching of all required parking lot interior landscaped areas; Location of all solid waste containers, recycling or trash handling areas and outside mechanical equipment and all required screening {per Section 3-201(D)(i) and Index #701}; Location of ad landscape material; Location of all onsite and offsite storm-water management facilities; Location of all outdoor lighting fixtures; and Location of all existing and proposed sidewalks. SITE DATA TABLE for existing, required, and proposed development, in written/tabular #onn: _ Land area in square feet and acres; / Number of EXISTING dwelling units; _____ Number of PROPOSED dwelling units; Gross floor area devoted to each use; Parking spaces: total number, presented in tabular form with the _ / number of required spaces; Total paved area, including all paved parking spaces & driveways, _ expressed in square feet & percentage of the paved vehicular area; Offiaal records book and page numbers of all existing utility __ easement; _ Building and structure heights; _ Impermeable surface ratio (I.S.R.); and Floor area ratio (F.A.R.) for-all nonresidential uses. EXISTING . y~ /d -~ ,z., a REQUIRED PROPOSED REDUCED COLOR SI~~N t~c~le (8/=~X '1,~; FOR DEVELOPMENTS OVER ONE AC~REt,-provide the following additional information on site plan: /5/`~4 One-foot contours or spot elevations on site; Offsite elevations if required to evaluate the proposed stormwater management for the parcel; Ail open space areas; Location of all earth or water retaining walls and earth berms; ~RIG~NAL REC~VED _ Lot lines and building lines (dimensioned); 7 _ Streets and drives (dimensioned); ' ~ -;~~ ~ ~ ZQU 1 Building and structural setbacks {dimensioned); I'Lr~NNiNG utr F,RTMENT ____ structural overhangs; CITY OF CLEARWATER S:\Planning Department\Application Forms\Development Review\2007 Forms\Comprehensive Infilt Project (FLD) 04-24-07.doc Page 5 of 8 K. TRAFFIC IMPACT STUDY: (Section 4-202.A.13 and 4-801.C) O lnclude 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 vehiGe directional trips per hour and/or 1000 or more new vehiGe 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 annual 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 OepartmenYs Development Review Manager or their designee {727-562-4750) Refer to Section 4-801 C of the Community Development Code for exceptions to this requirement. ~ 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 fuming 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 supply must be able to supply 150% of its rated capacity. Compliance with the 2004 Florida Fire Preven#ion Code to include NFPA 13, MFPA 14, NFPA 20, NFPA 291, and MFPA 1142 {Annex H) is required. 0 Acknowledgement of fire flow calculations/waterstucly requirements (Applicant must initial one of the following): Fire Flow t^,alculations/Water Study is included. Fire Flow Calculations/VHater Study is not required. CAUTION - IF APPLICATION REVIEW RESULTS IN THE REQWREMENT 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 ~,~ requirements, contact the City Fire P '" $ ^" ~ik~. RONALD M. AUGUSTINE ~~ EXPIRES: Juty 16, 21Xi9 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 representatives to visit and photograph the property described in this application. ~/~/ Signature of proper~wner or representative STATE OF FLORIDA, COUNTY OF PINELIAS S m to and subscribed before me this day of A.D. 20 o me and/or by o is personally know as produced as identification. Notary public, `_`i,\, My commission expires: ~ ^ `~ _ e~ ~R~G~I`u~_Q S:\Planning Department\Application Forms\Development Review12007 Forms\Comprehensive Infill Project (FLD) 04-24=07a.doc '(MEN Page 7 of 8 1~NN~N~ ~R~~ZER p ~F'% G~~ H. LANDSCAPING PLAN SUBMITTAL REQUIREMENTS: (Section 4-1102.A) ~~ 3 ~~ ^ LANDSCAPE PLAN with the following information (not to exceed 24" x 36"): All existing and proposed structures; Names of abutting streets; Drainage and retention areas induding swaies, side slopes and bottom elevations; Delineation and dimensions of ail required perimeter landscape buffers; Sight visibility triangles: __ Delineation and dimensions of all parking areas including landscaping islands and curbing; Existing trees on-site and immediately adjacent to the site, by spades, size and locations, induding driplines (as indicated on required ____ tree survey); Location, size, and quantities of all existing and proposed landscape materials, indicated by a key relating to the plant schedule; Plant schedule with a key (symbol or label) indicating the size, description, specifications, quantities, and spadng requirements of all _ __ existing and proposed landscape materials, induding botanigl and common names; Typical planting details for trees, palms, shrubs and ground cover plants induding instructions, soil mixes, backfilling, mulching and _ protective measures; Interior landscaping areas hatched and/or shaded and labeled and interior landscape coverage, expressing in both square feet and percentage covered; Conditions of a previous development approval (e.g. conditions imposed by the Community Development Board); Irrigation notes. O REDUCED COLOR LANDSCAPE PLAN to scale (8 % X 11); ^ COMPREHENSIVE LANDSCAPE PROGRAM application, as applicable. Landscape associated with the Comprehensive landscape Program shall exceed minimum Code requirements to offset the areas where minimum Code will not be met. I. BUILDING ELEVATION PLAN SUBMITTAL REQUIREMENTS: (Section 4-202.A.23) ~ BUILDING ELEVATION DRAWINGS -with the following information; All sides of all buildings; Dimensioned; Colors (provide one full sized set of colored elevations); Materials; Sight visibgity triangles; C~ REDUCED l3UILDING ELEVATIONS -same as above to scale on 8 '/: X 11. Y ..3 .. .- ~ J. SIGNAGE: (Division 19. SIGNS / Seetion 3-1806) '' 3 ^ .All EXISTING freestanding and attached signs; Provide photographs and dimensions (area, height, etc.), indicate whether they will be removed or to remain. ^ All PROPOSED freestanding and attached signs; Provide details induding location, size, height, colors, materials and drawing; freestanding signs shall indude the street address (numerals) ~ Comprehensive Sign Program appliption, as applicable (separate application and fee required). ORtGlNA~I- ^ Reduced signage proposal (8 '/: X 11) (color), if submimr~g Comprehensive Sign Program app~tion. REt~'YE~ cc 6 ~ A _~i .~ 61 1 1 h 2~~ r t. i~ PIANNiNG pt~~RTNiENT S:\Planning DepartmentWpplication Forms\Development Review\2007 Forms\Comprehensive Infill Project (~~0~~4 ®v?c1b~WATF~ Page 6 of 8 N. AFFIDAVIT TO AUTHORIZE AGENT: 1. Provide names of all property owners on deed - PRINT full names: 2. That (I am/we are) the owner(s) and record title holder(s) of the following described property (address or general location): 3. That this property constitutes the property for which a request for a: (describe request) l2~ ~--~` +''~-~' - - -- --- ------- 4. That the undersigned (has/have) appointed and (does/do) appoint: ~~-~~l'LC-`T'om- ~~ _ - --- ------- -~ r7 ..1~.s~~Z ~a.S-rir~ ~ as (hisJtheir) agent(s) to execute any petitions or other documents necessary to affect such petition; 5. That this affidavit has been executed to induce the City of Clearwater, 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 representatives to visit and photograph the property described in this application; 7. That (I/we) th/e and ig ed au ority, hereby certify that the foregoing is true and correct. -....... ~T~ ' -- --- --~ ------ --- --..___- 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 __ (O ~ __ day of ~~Q.(,i.{ r,r" , 26 b '~^ personally appeared ~ ~~-T2`: who having been first duly sworn Deposes and says that he/she fully understands the contents of the affidavit that he/she signed. +•'~~'r"~.,, RONALD M. AUGUSTINE ~:~ MY COMMISSION # DD 4645 ~_ ~~ EXPIRES: July 16, 2009 ~ Bonded Thn1 NOtary Public thMerwtltent ~"M °~iP ~ ;~` Notary Public Signature Notary Seal/Stamp My Commission Expires: 7- 1 b ~ 8 ~( ORIGINAL REG~':VED r ~ ~•f ~ 5 2U07 PLANNiNC ~G?A~TMEN7 S:\Planning Department\Application FormslDevelopment Review12007 FormslComprehensive InfiC~~o~~#~~~~fi~~.doc Page 8 of 8 • N. AFFIDAVIT TO AUTHORIZE AGENT: Provide names of al[ property owners. on deed -PRINT full names: 2. That (I a e are) he owner(s) and record title holder{s) of the following described property (address or general location): 3. That this property constitutes the property for which a request for a: (describe request) 4. Th~at'the( undersigned (has/have) appointed and does/do) appo'nt: `°' I ~ ~3 t as (his/their) agent(s) to execute any petitions or other documents necessary to affect such petition; 5. That this affidavit has been executed to induce the City of Clearwater, 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 representatives to visit and photograph the property described in this application; 7. That (I/we ,the undersigned authority, hereby certify that the foregoing is true and correct. Prope Owner Property Owner ------ Pr rty Owner Property Owner STATE OF FLORIDA, COUNTY OF PINELLAS Be~for/e,~meJthe undersigned, an officer duly commissioned by the law State of FI 'dgn a, on this ~'~ day of _/`I v v ~~ personally appeared ~~ p.v.,+ ~~i~l~~'t~Gy~n.•t/~^ who having been first duly sworn Deposes and says that he/she fully understands the contents of the affidavit that he/she signed. r a •• RONALD M. AUGUSTINE ;:. -~;: ~: .~ MY COMMISSION # DD 409645 ~:, :~= EXPIRES: Juty 16, 2009 ~" '•'•'~•'•~ ~~° Bonded ThN Notary Pub1'~c Underwrders Kota P~ub7lic Signature Notary Seal/Stamp MY Commission Expires: [ ' ~ 6 ~ ~ d~t~1~r1~PAl. RECD".~EI3 C;"~~ 151007 PLAn~r~iN~ ~~a~,~rnn~I~T S:\Planning DepartmentWpplication Forms\Development Review\2007 Forms\Comprehensi ~~~~I ~~e~1~ aF Q~~q.07.doc Page 8 of 8 ~i- AFp'it7A4l~ TO AUTi•tQR~LE A EIVT: ~. f3r a naRte~s o+an flwrrerrs on Qeet! - PfZlfVr suu names; ... ~_~..~... - ---..,.M-..~,.~..,..w_~___._---~--. .. ._ z, -r--at 8 artalwe afs) 8-e aHfser{s3 anti n~a 6ile hotQer{s) of me rates aesaibed pn~ertyr (aad~eas a s ~rJ~+r ! 33~t, 3. That ift~ property ~plu(eu the _~~~A 1 to which a n Bor ~: (desafbs +~9uaet) r i'~~7 c~~ 4. Ttfat tt18 UftCkrB~ (flSS~f8Vt1) ep~l0lRS9Q ~d 8ppvinL- ae ~ agent(s) to ate any De1l~ior~ ar ~ aeas.,eo~s neoss~y to suet sud, pe+ilib..; 5. 'f'rt~rt rn to a tfba~t has Daen e~ILBd to tnduoe tna Cf1y et Cieantratsr, Fbcida b conaJdpr and acs on are abo+.e desathed pro~parry; 6. 'Chet ei~ +~ to tare proper~r.+xs ne~ery hjr City ~ fA ardor m pioeaee fgls appUoatlon and tAa owmsr suthorimeQ C9ly r'6p~aS8+AdtiYes to vt~ft sttd putt ~e prespert5+deaaibed to ttks lim+: ,fig is pua and ~ortta[x &TATE OF FLUt~I~, c~uemr of e+~.u~s Befioce mt- tffe wfdetst~, an cilloer dfdy_c9mmtaaJoned• Dy taws ~F ebe S of a<taftata• on this _.^..~~~_.....,_~ tlay of -- -~ ...~__...~._ n ~~ aAP~d__ , ~.' ~»~7~ whO taw,Q teen Atit o+,ty Buvflrtt OBpose6 and says Mat Retst-6 tuRy inider~iriQe fhb abrt4enea afars afNQSyirt tf~ helsne s~rled. r"~ ~%••-. RONALD M. AUGi1STINE '`~ .~'~ ~.: .,: MY COMMISSION Ik DD 409645 ~• ~ EXPIRES: July 16, 2009 --~ ?'~•Ri'i~~A~•~: chided iTgu nlotazy Pubfic uneenwiters - ~_..._ ~ hlo~ry Pnb~ic S~ trEotary SeaVStamp Myr ttat ~_~ ~ - ,~~d '=~ S:ifi}anhlrsg (? F®rf1t91Uet~egr~feftt IRQVtetV5,2OO7 Fort+rslCorr~fienstua fr~fJJ Pfojecs (Fl.t)) O4~2a-C7.o~ Pugs 8 of S . • • Addendum A To Flexible Development Application The purpose of this addendum is to overview the Flexible Development Application attached and explain in detail the interval ownership program ("Timeshare Program") proposed additional use for the subject property. The subject property has been fully developed in accordance with all requirements pursuant to the original development order, as well as subsequent development orders for a pool and marina/dock facility. All inspections have been completed, certificates of occupancy issued and the plat recorded. We have enclosed photographs of all improvements in place on the subject property. Timeshare programs are not new in Clearwater Beach and many units or homes are jointly owned or deeded to a Corporation/ LLC, or multiple individual owners. The joint owners then share the costs as well as the use ofthe unit. These units are used like any other "second home/vacation home" by the owners. Due to increased costs for taxes, insurance and maintenance, many buyers are simply not purchasing second/vacation homes. We are seeking to provide to Clearwater Beach the managed Timeshare Program that will allow for owners to occupy a vacation home and enhance the Beach economy. The Timeshare Program documents will prohibit the owners from renting the units. No signage for transient accommodations is requested or proposed. Timeshare Program owner's will jointly own the units. The subject property is located in the Tourist District as to zoning (which permits interval ownership), and the approved development order speaks to the Beach by Design vision for the Small Hotel District which includes townhornes and timeshare use (which includes interval ownership). Our current use and the proposed additional use are both consistent with this vision. The attached application is joined by eight of the ten unit owners in the subject development. Each unit is deeded separately. The developer has retained the rights via the H.O.A. documents (including the Declaration of Covenants, Conditions and Restrictions for Island Townhomes) to modify or amend the use of the subject property. Prior to the implementation of any timeshare use, the H.O.A. documents will be amended as necessary and the Timeshare Program will be registered with the Florida Department of Business and Professional Regulation, as required by Chapter 721, Florida Statutes. All unit owners are fully aware of the Timeshare Program. Regarding access to the subject property, the development has created sufficient parking without the need for parking on the Brightwater Drive right-of--way. This access and parking exceeds all code requirements and allows for the safe ingress and egress to the Brightwater Drive right-of--way. The proposed additional use will be the same as any • • other second home /vacation home. All safety features are in place as per code. The proposed additional use will not increase the intensity or density to the Brightwater Drive right-of--way, and is expected to reduce the trip count. The Traffic Engineering Department has "No Issues" with the proposal as per DRC FLS2007-09044. Traffic conducted an on-site inspection on 11-07-07 and had no other subject property related concerns. The Fire inspector has requested we install strobes in the sleeping rooms of each unit for the hearing impaired. We intend to comply with this requirement and will provide for subsequent inspections to ensure proper installation. In summary, the development is situate in the Tourist District, that allows for the proposed additional use. The development meets or exceeds all requirements set by the City of Clearwater and is consistent with Beach By Design, which includes townhomes and timeshare use (which includes interval ownership). The economic impact for Clearwater Beach will be enhanced. • • Addendum "B" To Flexible Development Application B Proposed Development Information (see application page 1 of 8) This development has been fully constructed with all certificate of occupancy's issued as per Development Order FLD2002-11042. There are no outstanding issues with the City regarding the development. The request is to: 1) add a use for interval ownership (timeshare), an allowable use in the Tourist Zoning classification (please see addendum A); and 2) to provide a variance and allow for the existing garage/driveway parking (3 spaces per unit) with back out onto the Brightwater Drive right-of--way pursuant to Sec 6-109, Termination of status of a nonconformity, of the City of Clearwater Community Development Code. Section 6-109 A) allows for approval of the request in accordance with certain provisions. B) N/A, development and all construction completed. C) The proposed additional use will not add any intensity to the Brightwater Drive right-of--way. The additional use allows for only one owner to occupy the unit (see addendum A). Existing parking exceeds the minimum standard by providing 3 spaces per unit (the Code calls for 1 space per unit). D Written Submittal Requirements (see application page 2 of 8) 1) The development has been constructed in accordance to the above referenced development order; the development meets all criteria as to harmony, scale, bulk coverage, density and character of the adjacent properties. No change to the constructed environment is proposed. 2) The development is complete and will not impair, hinder or discourage adjacent development. The proposed additional use (interval ownership) is provided for in the City of Clearwater's Community Development Code. The proposed additional use is expected to enhance the assessed value of subject property, which is also expected to have a positive impact on the adjacent properties valuations. 3) The existing development or uses will not present any health or safety issues for the neighborhood or individual owners or users. No change to the constructed environment is proposed. Interval ownership use will be transparent to existing neighbors as no additional impact will be created. • • 4) The development has provided for 3 parking spaces per unit. Traffic Engineering has no issues with the proposed uses. An on-site inspection from the Traffic Department was conducted on 11-07-2007. All safety and site lines have been constructed in accordance with all code requirements. The proposed additional use will not add any intensity to the Brightwater Drive right-of--way. 5) The development is constructed and is consistent with the community character of the immediate vicinity. The development is located within the Tourist District and the proposed additional use is consistent with and anticipated in the City of Clearwater Community Development Code and the Beach By Design initiative. 6) The design of the subject property as constructed minimized any adverse effects as to visual, acoustic and olfactory on the adjacent properties. The proposed additional use does not extend, exceed, or effect normal hours of operation. No change to the constructed environment is proposed. D Written Submittal Requirements continued (see application pace 3 of 81 1) The development meets or exceeds all development standards set forth in the zoning district. Except for the requested approval of additional interval ownership use and approval of the existing, approved, and constructed back-out parking onto Brightwater Drive, the proposed additional use is identical to the constructed environment previously approved by the City of Clearwater. 2) The development and proposed additional use falls within the intent ofthe Comprehensive Plan, Zoning District, Beach By Design, and the objectives of the Code. Interval ownership use is expressly contained in the Tourist District. 3) The development is completed and will not impede the normal and orderly development of surrounding properties. No change to the constructed environment is proposed. 4) The adjoining properties will not be adversely affected, values will be enhanced. No change to the constructed environment is proposed. Interval ownership use will be transparent to existing neighbors as no additional impact will be created. 5) The proposed additional use is permitted under the current Tourist District zoning, is compatible with adjacent land uses, and do not alter essential land use characteristics of the neighborhood. The development has been constructed in accordance with the previously approved flexible development uses. The proposed use will increase the City's economic base as well as add to the tourism market on Clearwater Beach. The uses will also concur with the future vision of the "Small Motel District" as defined by `Beach by Design" to allow for townhomes and timeshare (which includes interval ownership). No freestanding signage is requested or proposed. ~ • 6) We are only requesting flexibility with the right to continue to utilize the approved back-out parking onto Brightwater Drive. The existing development and uses will not impede the orderly development of the surrounding properties. The development complies with applicable design guidelines and supports the emerging character of the area. The completed development has incorporated all the design elements and has the appropriate buffers, landscaping and approved setbacks in place. E Stormwater Plan Submittal Requirements (see application page 4 of 8) N/A, all improvements are in place, inspected, and approved. See attached approved site plan. F Supplemental Submittal Requirements (see application page 4 of 8) N/A, all improvements are in place, inspected, and approved. See attached approved site plan. G Site Plan Submittal Requirements (see application page 5 of 8) N/A, all improvements are in place, inspected, and approved. See attached approved site plan. I3 Landscaping Plan Submittal Requirements (see application page 6 of 8) NIA, all improvements are in place, inspected, and approved. See attached approved site plan. I Building Elevation Plan Submittal Requirements (see application page 6 of 8) Please find the attached elevation certificate and photographs. All improvements are in place, inspected and approved. See attached approved site plan. J. Signage (see application page 6 of 8) No Signage Requested or Proposed. • • K. Traffic Impact Study (see application page 7 of 8) No traffic study is required, Traffic Engineering has "No Issues" regarding the proposed additional use as per DRC FLS2007-09044. An on-site inspection was conducted on I 1-07-2007. L_ Fire Flow Calculations/Water Study (see application page 7 of 8) Fire Flow Caiculations/Water Study is not required. The development has been inspected by the fire marshal and approved. Pursuant to the fire marshal's DRC comments, the proposed additional use requires the installation of strobes in the sleeping rooms for the hearing impaired. We intend to comply with this requirement and will provide for subsequent inspection to ensure proper installation. • • x~: "w^ ~ ._ h .._. .. a _-.~ ^~ ': ~ ., -_ ~-•.~ .~ :~ i '' _ _ ~~~ Island Townhomes 161 Brightwater Dr Clearwater Beach, Fl. ORIG1N~l. REC~~/ED ~. ?- 5 2007 ~ifiNNiNG ~t~F~RTNIENT C1X1( C)F ~t ~ADfn~eTCo U.S.DEPARTMENTOFHOMELANDSECURITY• ELEV~~'I~f~ CEF~~~E~~~TE• OMB No. 1660-0008 Federal Emergency Management Agency Exoires February 28. 2009 ~~3tional Flood Insurance Program Important: Read the instructions on pages 1-8. SECTION A -PROPERTY INFORMATION For Insurance Company Use: A1. Building Owner's Name Clearwater Townhomes, Inc. Lot No.1 Policy Number A2. Building Street Address (including Apt.; Unit; Suite; and(or Bldg. No.) or P.O. Route and Box No. Company NAIC Number 161 Brightwater Drive City Clearwater State FL ZIP Code 33767 A3. Property Description (Lot and Block Numbers, Tax Parcel Number, Legal Description, etc.) Lot 1 Island Townhomes Plat Book 127, Page 46-47 A4. Building Use (e.g., Residential, Non-Residential; Addition, Accessory, etc.) Residential A5. Latitude/Longitude: Lat. 82^49'22 Long. 27^58'17 Horizontal Datum: ^ NAD 1927 © NAD 1983 A6. Attach at least 2 photographs of the building if the Certificate is being used to obtain flood insurance. A7. Building Diagram Number 7 A8. For a building with a crawl space or enclosure(s), provide A9. For a building with an attached garage, provide: a) Square footage of crawl space or enclosure(s) N/A sq ft a) Square footage of attached garage 94 i sq ft b) No. of permanent flood openings in the crawl space or b) No. of permanent flood openings in the attached garage enclosure(s) walls ~a~ithin 1.0 foot above adjacent grade N/.4 walls within i.0 foot above adjacent grade 14 c) Total net area of flood openings in A8.b N/A sq in c) Total net area of flood openings in A9.b 1280. sq in SECTION B =FLOOD INSURANCE RATE MAP (FIRM) INFORMATION B1. NFIP Community Name & Community Number B2. Counry Name B3. State ~ City of Clearwater 125096 Pinellas Florida B4. IViao/Panel Number B5. Sufrix B6. FIRM Index B7. FIRhq Panel 38. Flood 59. Base Flood Elevation(s) (Zone Date I Effective/Revised Date I Zone(s) AO, use base flood depth) 12103C0102G G Sept. 03, 2003 Sept. 03, 2003 AE EL. 1 i.0 B 10 B11 E12 -- - .. Indicate the source of the Base Flood Elevation (BFE) data or base flood depth entered in Item B9. ^ FIS Pro~ile ^ FIP.IVi ^ Community Determined ^ Other (Descrbe} . Indicate elevation datum used for BFE in Item 69: ^ NGVD 1929 ®NAVD 1988 ^ Other (Describe) . !s the building located in a Coastal Barrier R esources System (CBP.S) area or Otherv.~ise Protected Area (OPA)? ^Yes Designation Date ^ CBRS ^ OPA -- No SEGTION C -BUILDING ELEVATION INFORMATION (SURVEY REQUIRED) C1. Building elevations are based on: ^ Construction Drawings* ^ Building Under Construction* ©Finished Construction *A new Elevation Certificate will be required when construction of the building is complete. C2. Elevations -Zones Al-A30, AE, AH, A (with BFE); VE, V1-V30; V (with BFE), AR; AR/A, AR/AE; AR/A1-A30, P.P./AH, P.R/AO. Comp lete Items C2a-g below according to the building diagram specified in Item A7. Benchmark Utilized LP-15 EL.=4.91 Vertical Datum NAVD1988 Corn~ersionlComments N!A }- Check tha measurement used. w w b) Too of the next higher floor i 5.67 ,rY_,{ feet ^ m ~ rs (Puerto Rico only) ~ o ~ c) Bottom of the lowest horizontal structu,al member (V Zones only) N/A._ [~I feet ^ m.,~ers (Pue~ ~o Rico only) _ ~ ~,~ ~ ~ d) Attached garage (top of slab) 5.50 [yl feet ^ meters (Puerto Rico only) 'L~ r-% ~ ~, e) Lowest elevation of machinery or equipment sen~icing the building i 1.00 ©feet ^ meters (Puerto Rico only) ~•s ~ ' ' ~ ~ ~ ~ (Describe type of equipment in Comments) `* ~* ~ Z f} Lowest adjacent (finished) grade (LAG) 4.2 ©feet ^ meters (Puerto Rico only) ~ ~ g) Highest adjacent (finished) grade (HAG) 5.1 [qY feet ^ meters (Puerto Rico only) e>s, SECTION D -SURVEYOR, ENGINEER, OR ARCHITECT CERTIFICATION This certification is to be signed and sealed by a land sun~eyor; engineer, or architect authorized by law to certiy elevation information. 1 certify that the information on this Certificate represents my best e~oris to interpret the data available. I understand that any false statement may be punishable by fine or imprisonment under 18 U. S. Code, Section 1001. © Check here if comments are provided on back of form. Certifier's Name BRUCE A. KLEIN License Number 5052 Title PRESIDENT Company Name KLEIN & STAUB SURVEYING, INC. Address 8086 OLD COUNTN ROAD No. 54 City NEW PORT RICHEY State FL ZIP Code 34653 Signature Date 07/26/07 Telephone 727-834-8140 FEMA Form 81-31, February 2006 See reverse side for continuation. Replaces all previous editions i111PORTANT: In these spaces, copy the sponding information from Section A. For Insurance Company Use: Building Street Address (including Apt., Unit, Suite, and/or Bldg. No.) or P.O. Route and Box No. Policy Number ''61 BRIGHTWATER DRIVE LOT No 1 City CLEAR~NATER State FL ZIP Code 33767 `Company NAIC Number SECTION D -SURVEYOR, ENGINEER, OR AP.CHITECT CERTIFICATION (CONTINUED) Copy both sides of this Elevation Certificate for (1) community official, (2) insurance ageni/col>lpany; and (3) building o~mer. Comments ALL A/C UNITS ARE ON THE ROOF ignature Date 07/26/07 Check here if attachments SECTION E - BUILDING'ELEVATION INFORMATION (SURVEY NOT REQUIRED) FOR ZONE AO AND ZONE A (lNITHOUT BFE) For Zones AO and A (without BFE); complete Items E1-E5. If the Certificate is intended to support a LOf~IA or LOfv1R-F request, complete Sections A, B, and C. For Items E1-E4, use natural grade, if available. Check the measurement used. In Puerto Rico only, enter meters. E1. Provide elevation information for the following and check the appropriate boxes to show whether the elevation is above or below the highest adjacent grade (HAG) and the lowest adjacent grade (LAG). a) Top of bottom floor (including basement, crawl space: or enclosure) is ^ feet ^ meters ^ above or ^ belovr the HAG. b) Top of bottom floor (including basement, crawl space; or enclosure) is ^ feet ^ meters ^ above or ^ below the LAG. E2. For Building Diagrams 6-8 with permanent flood openings provided in Section A Items 8 and/or 9 (see page 8 of Instructions), the next higher floor (elevation C2.b in the diagrams) of the building is _ ^ feet ^ meters ^ above or ~ below the HAG. E3. Attached earage (top of slab) is ^ feet ^ meters ^ above or ^ below the HAG. E4. Top of platform of machinery and/or equipment servicing the building is ^ feet ^ meters ^ above or ^ below the HAG. E5. Zone AO only: If no flood depth number is available, is the top of the bottom floor elevated in accordance with the community's floodpiain management ordinance? ^ Yes ^ No ^ Unknown. The local official must certify This information in Section G. SECTION F -PROPERTY O's~1~NER (OR OlNNER'S REPRESENTATIVE) CERTIFICATION The property owner or ovrner's authorized representative who completes Sections A, B, and E for Zone A (without a FENA-issued or community-issued BFE) or Zone AO must sign here. The statements in Sectrons A, E, and ~ are correct to the best of my knowledge. Property Owner s or Owner s Authorized Representative`s Name Address City State ZIP Code Signature Date Telephone Common±s ^ Check here if attachments SECTiOPJ G - COf~hIt4UNITY INFORf~AT10N (OPTIONAL) The local official who is authorized by law or ordinance to administer the con,munit~%s floodolain management ordinance can complete Sections A, B, C (or E) :.r.,_ .~ ., a. ~._ _. ... /r. ~.. a .. _., _. .-~I 1., -.., i.~.. ./ I....:.i ~. ._., ~~'~~ .. ~~ ~.,... ".I~.., a .- :.:tea _:I„~1 `.: a..>..,. .... .,. ~_. .... r.. .~:.. G1. ^ The information in Section C was taken from other documentation That has been signed and seaVed by a licensed surveyor, engineer, or architect who is authorized by law to certiry elevation information. (Indicate the source and date of the elevation data in the Comments area below.) G2. ^ A community official completed Section E for a building located in Zone A (without a FEMA-issued or community-issued BFE) or Zone AO. G3. ^ The follov/ing information (Items G4.-G9.) is provided for community r1oodplain management purposes. n ~ ~ I' I G5. Pe ,+ r^ + vei=...,... • rte,,..,., ii^.,,.^in,.,., ..,_ G-. 2ri iii i\J;Ti`Jei Dale rmrii ISSii2~ v0. Dai2 tlTl.,afe Oi ~.vrnp a~wc~vi,i,u:.ancy iSSued G7. This permit has been issued for. ^ New Construction ^ Substantial Improvement G8. Elevation of as-built lowest floor (including basement) of the building: _^ feet ^ meters (PR) Datum G°. BFE or (in Zone AO) depth of flooding at the building site: ^ feet ^ meters (PR) Datum Local Ol~lciafs Name Title ~" ~""' 0 ~ n o Community Name Telephone Z ~ ~~ ~ µ~ Signature Date (j " ~ ~W_ ~ ?O M =' Comments ., - _L] Check here if attachments FEf~1A Form 81-31; February 2006 Replaces all previous editions • • ' ~iEde~g ~~~tag~a~~~ See Instructions for Item A6. For Insurance Company Use: Building Street Address (including Apt., Unit, Suite, and/or Bldg. No.) or P.O. Route and Box No. Poiicy Number 161 Brightwater Drive, Lot No. 1 Clty Clearwater State FL ZI P Code 33767 Company NAIC Number If using the Elevation Certificate to obtain IVFIP flood insurance, affix at least two building photographs below according to the instructions for Item A6. Identify all photographs with: date taken; "Front View" and "Rear View"; and, if required, "Right Side View" and "Left Side View." If submitting more photographs than will fit on this page, use the Continuation Page, following. Front Left Side Front Left Rear ~~ _.~-~--- -~" ~ '~ i , ,, j i~_ ~~ ~ ~ ,~ `' ~; 4 ~t, ~~ '` ~.,~- - ~- ,~ -.,~~ mom.,. `~ __.__ m ~''~-mar-.,, r~. n i`ce`" ~'" - ,i----...:'~ ~,~~- ~ "~ ~.T"` ` ~~'4d~ e ~' i ~" ~ ., f t Left Side r _ '' ,~..~ _ .~ r~ ai`R'``; ; k?_ i t ;~' a ~,~ t } w _ ~ '~ ~' - ~':, 3~ ate.- ~ ~ ~ ~_ 6L '.} `~~':~ _- F'; mot. k +:. ~ ~-!~ a ~ ~, ~~' f.~i _ ~xs _ ~ ~ .- f'~- s~;T 4_ ~ _ :. -- Afl Photos Taken 7/24/2007 u~~d~ng Ph®t®graphs '. Continuation Page Forlnsurance Company Use: Building Street Address (including Apt., Unit, Suite, and/or Bldg. No.) or P.O. Route and Box No. Policy Number 161 Brightwater Drive Lot No. 1 Clty Clearwater State FL ZIP Code 33767 CompanyNAlCNumber If submitting more photographs than will fit on the preceding page, affix the additional photographs below. Identify ali photographs with: date taken; "Front View" and "Rear View"; and, if required, "Right Side View" and "Left Side View." Right Rear r£ :rx . } ~~.A. ~` ~ ~ ~ _ _.. I' ~ ~ b~ ~ ~~ ~ r ~ ~ '~ _ 1 . 2 ~ `~ i ' ~ ~ I ~ t~ ~ e f^ i ~ ~ + +~ ~ - ... ~ _ _ti_.. ~~ ~ ~ Right Side Rear E - ~' ` €~ ~w. _ ram ~ ~ . - ' ~ i ~ ~ _ `.;; ~ C 4~. ~ ~ `+ ~~ ... ~~ `. ~' .. '~ ~ t ;~ ~ 3 ~ y- 1S i~ ~ A:~ ~ _ ~ ( ~~. i ~ ~ ~ ~ ~ ~ 5 ~~ ~ ~~~ ~~ ~ G ry, t .~ .. "r~i. ~ ~~ F - - r 1 4 - _- - - - } ~ ~ ~ I ; , tr 3' _ ' ~ - _ ~ . __ _ c~:5- ~' _ ~ ~ 3 N /f~ ~ f~l 1 F All Photos Taken 7/24/2007 S~,AL~~ 11/19/2007 ~~~ o Receipt #: 1200700000000010329 1:06:07PM ~ ~= ~ r Date:ll/19/2007 Line Items: Case No Tran Code Description Revenue Account No Amount Paid FLD2007-11037 04 Flexible Commercial 010-341262 730.00 Line Item Total: $730.00 Payments: Method Payer Initials Check No Confirm No How Received Amount Paid Ch k ec ENDEAVOR OF CLWR LLC R D 1242 In Person 730.00 Payment Total: $730.00 THIS IS NOT A PERMIT. This is a receipt for an application for a permit. This application will be reviewed and you will be notified as to the outcome of the application. cRcccipt.rpt Page 1 of 1 1~~ o~ ~~ ~~.~~~J~~~~ ..'E _ = _ -'_. POST OFFICE BOX 4748, CLEARWATER, FLORIDA 33758-4748 ;ice y,;~ _ .l ~ 5' CITY HALL; 112 SOUTH OSCEOIA AVENT]E, CI.EARWATER, FLOrunA 33756 ~~'~~~~~~~..Yr~{y~~'~~ TELEPHONE 727) 562-4OIO FAx (727) 562-4021 CITY ATTORNEYS OFFICE January 18, 2008 VIA FEDEX Robert S. Cohen, Director and Chief Judge State of Florida Division of Administrative Hearings The Desoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 RE: Clearwater Townhomes Inc. v Community Development Board and Citv of Clearwater. Appeal of Community Development Board (CDB) Decision of Case No. FLD2007-11037 (Contract Case) Dear Judge Cohen: Enclosed are two copies of the following items regarding the above-referenced case before the Community Development Board, whose decision is being appealed by Clearwater Townhomes Inc. v City of Clearwater FLD2007-11037 1. Appeal Application; 2. Planning Department file with Flexible Development Application, correspondence, including agenda packet for CDB meeting; 3. Material from the office of the City Clerk includes a copy of minutes of the December 18, 2007 Community Development Board meeting. For the convenience of the parties and witnesses please schedule the hearing in Clearwater. The Council Chambers on the third floor of City Hall, 112 South Osceola Avenue, Clearwater, Florida is usually available. You may contact Diane Manni, City Manager's Office at (727) 562-4042 to arrange a location. ~~EQUAI. EMPLOYMENT AND AFFIRMA77VE ACTION EMP1.01TR" Robert S. Cohen, Director and Chief Judge Division of Administrative Hearings Page Two January 18, 2008 Please advise the parties as soon as an administrative law judge is assigned to this case. Very truly yours, . ~• %~- Leslie K. Dougall-Sides Assistant City Attorney LDS/grh Enclosures Cc: Gina Grimes, Esquire, Hill Ward & Henderson, P.A., Attorney for CDB Ron Augustine, Clearwater Townhomes, Inc., Appellant Michael L. Delk, Director, Planning Dept. Cynthia E./ Goudeau, City Clerk t ~---- -,---, ~ ~( r JAN 2 2 20~~ - _~ _ + <' PLAi~Ni;'. ` `;. DEn~VELOPF~fcf~:T { ~iTi: 1 • s Wells, Wayne From: Wells, Wayne Sent: Friday, December 28, 2007 5:04 PM To: 'rjsk1234@aol.com' Cc: Watkins, Sherry; Delk, Michael; Clayton, Gina; Thompson, Neil Subject: Appeal application Ron - Attached is the Appeal Application. This would be an appeal to a Hearing Officer of the CDB decision. The fee is $500 This needs to be filed with the City Clerk's office in City Hall no later than end of business day on January 2, 2008. Wayne ®~ Appeal plication 2002.c ~: ,~' - t?'t ~ ~. r .._ .. A rn'?- r ,~. }F. _ ,, F ___ ~~rf~''~ t ~~~a~~t PLANNING DEPARTMENT CITY O~ CLEARWA'I"ER POST OFFICE BOX 4748, CLEARWATER, FLORIDA 33758-4748 MUNICIPAL. SERVICES BUILDING, LOO SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756 TELEPHONE (727) 562-4567 FAx (727) 562-4865 December 27, 2007 Mr. Ron Augustine Clearwater Townhomes, Inc. 161 Brightwater Drive, #10 Clearwater, FL 33767 RE: Development Order -Case FLD2007-11037 161 Brightwater Drive Dear Mr. Augustine: This letter constitutes a Development Order pursuant to Section 4-206.D.6 of the Community Development Code. On December 18, 2007, the Community Development Board reviewed your request for Flexible Development approval (1) to permit a Mixed Use (two attached dwellings and eight overnight accommodations [timeshares]) in the Tourist District where 10 attached dwellings (townhomes) were previously approved and constructed under FLD2002-11042, as a Comprehensive Infill Redevelopment Project, under the provisions of Section 2-803.C; and (2) Termination of Status of Nonconformity to permit parking for overnight accommodations (timeshares) that are designed to back into the public right-of--way (previously approved as attached dwellings [townhomes]), under the provisions of Section 6-109. The Community Development Board (CDB) DENIED the application with the following Findings of Fact and Conclusions of Law: Findings of Fact: 1. That the 0.478 acres is located on the south side of Brightwater Drive, approximately 800 feet east of Hamden Drive; 2. That on January 21, 2003, the Community Development Board (CDB) approved Case Nos. FLD2002-11042/PLT2002-11005, with six conditions of approval, permitting the redevelopment of this site with 10 townhomes with parking for each unit designed to back into the public right-of--way, replacing the existing overnight accommodation uses; 3. That on April 20, 2004, the CDB approved Case FLD2003-11058, with eight conditions of approval, permitting the construction of docks with 10 slips for the townhomes; 4. That on December 20, 2005, the CDB approved Case Nos. FLD2005-09095/PLT2005-00026, with three conditions for (1) Flexible Development approval to permit the addition of a pool and (2) Preliminary Plat approval revising the previously recorded plat to provide for the proposed pool; 5. That the 10 townhomes were constructed on this overall property under Building Permits #BCP2003- 05509, -05512, -05513, -05514, -05516, -05517, -05518, -05519, -05520 and -05521; 6. That the property is zoned Tourist District and is located within the Small Motel District of Beach by Design, where mid-rise townhouses and timeshares between 2 - 4 stories above parking are contemplated; ~~EQUAL EMPLOYMENT AND AFFIRMATIVE ACTION EMPLOYER~~ C] December 27, 2007 Augustine -Page Two • 7. That the development proposal is to permit Mixed Use (two attached dwellings and eight overnight accommodations [timeshare/interval ownership]) where 10 attached dwellings (townhomes) were previously approved and constructed under FLD2002-11042; 8. That Mixed Use is not a use listed in the Tourist District and, to permit such, requires processing the request as a Level 2 application for Comprehensive Infill Redevelopment Project; 9. That the development proposal complies with Code density limitations as a Mixed Use and provisions relating to building height, setbacks and landscaping still meet Code requirements; 10. That existing parking for the units, where it is designed to back into the public right-of--way, is nonconforming and is requested to remain in its constructed configuration and be permitted for the proposed overnight accommodation (timeshares/interval ownership) units through the Termination of Status of Nonconformity provisions; 11. That required number of parking spaces for the overnight accommodation (timeshares/interval ownership) units, as well as the attached dwellings (townhomes), will be met with this proposal; 12. That at least four of the existing townhomes were sold to individuals prior to recent changes to real estate market conditions; 13. That two individual owners have joined in on the application, knowing and/or accepting the proposed use change, while two others have not; 14. That the proposal is inconsistent with the Comprehensive Infill Redevelopment Project criteria that it will "not substantially alter the essential use characteristics of the neighborhood", with the neighborhood in this context being the overall development project of 10 units; 15. That the proposal is also inconsistent with the General Applicability criteria requiring "harmony with the...character of adjacent properties", "hinder or discourage development and use of adjacent land and buildings" and "consistent with the community character of the immediate vicinity", again relating in this context to the overall development project of 10 units; and 16. 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 Standards as per Section 2-801.1 and Table 2- 803 of the Community Development Code; 2. That the development proposal is inconsistent with the Flexibility criteria as per Section 2-803.C of the Community Development Code, specifically that it "not substantially alter the essential use characteristics of the neighborhood", with the neighborhood in this context being the overall development project of 10 units; 3. That the development proposal is inconsistent with the General Standards for Level Two Approvals as per Section 3-913 of the Community Development Code, specifically requiring "harmony with the...character of adjacent properties", "hinder or discourage development and use of adjacent land and buildings" and "consistent with the community character of the immediate vicinity", again relating in this context to the overall development project of 10 units; and 4. That the development proposal is consistent with the Termination of Status of Nonconformity criteria as per Section 6-109 of the Community Development Code. An appeal of a Level Two approval (Flexible Development) maybe 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 3anuary 2, 2008 (14 days from the date of the CDB meeting). • December 27, 2007 Augustine -Page Three If you have any questions, please do not hesitate to call Wayne M. Wells, Planner III, at 727-562-4504. You can access zoning information for parcels within the City through our website: www.myclearwater.com/ og v/depts/planning. Sincerely, ~' I - ~ FMichael Delk, AICP C ~ Planning Director S:IPlnnningDepartmentlCD BIFLEX (FLD)linactive or Finished ApplicationslBrightwater 16] Island Townhomes (T) 2007 - DeniedlBrightwater 161 Development Order 12.27.07.doc Page 1 of 1 Welis, Wayne From: Rjsk1234@aol.com Sent: Monday, December 17, 2007 11:48 AM To: .Wells, Wayne Cc: Thompson, Neil Subject: 161 CDB Meeting Wayne, After further consideration we would like to appear at CDB on Tuesday, December 18th @ 2:OOpm. I apologize for the confusion.....Ron Augustine See AOL's t~ rated recipes and easy ways to stay in shape for winter. 12/18/2007 Page 1 of 1 Wells, Wayne From: Wells, Wayne Sent: Friday, December 14, 2007 4:30 PM To: 'ed' Cc: Delk, Michael; Clayton, Gina; Thompson, Neil; Watkins, Sherry; Gina L. Canopari (E-mail) Subject: RE: 161 Brightwater Dr. Thank you for your request. I will forward this request to continue the public hearing until the January 15th CDB agenda and revise the CDB agenda accordingly to show this as a request for continuance. -----Original Message----- From: ed [mailto:esmeltz4@tampabay.rr.com] Sent: Friday, December 14, 2007 3:59 PM To: Wells, Wayne Cc: rjsk1234@aol.com; afisher@bakerlaw.com Subject: 161 Brightwater Dr. Wayne, Upon review of staffs report, we would like to table the application until the Jan. 15th 2008 CDB meeting. This will enable us to work with the remaining two unit owners as well as investigate other options. Please advise as to any other information you need to place us on the agenda. Thank you ...Ron Augustine 12/ 14/2007 • ~ Page 1 of 1 Wells, Wayne From: ed [esmeltz4@tampabay.rr.com] Sent: Friday, December 14, 2007 3:59 PM To: Wells, Wayne Cc: rjsk1234@aol.com; afisher@bakerlaw.com Subject: 161 Brightwater Dr. Wayne, Upon review of staffs report, we would like to table the application until the Jan. 15th , 2008 CDB meeting. This will enable us to work with the remaining two unit owners as well as investigate other options. Please advise as to any other information you need to place us on the agenda. Thank you ...Ron Augustine 12/ 14/2007 • Wells, Wayne From: Wells, Wayne Sent: Wednesday, December 12, 2007 5:4,1 PM To: 'Rjsk1234@aol.com' Subject: FLb2007-11037, 161 Brightwater Drive Ron - I am attaching the last email I received and copied you on from Linda Fletcher (you indicated it didn't come through). I am also attaching the Staff Report for this case, to be heard by the CDB at 2:00 pm on December 18, 2007, in City Council Chambers on the 3rd floor of City Hall. Wayne Email to & from Brightwater Linda Fletcher..;1 Staff Reports ~ • Clearwater U Fax Cover Memo CITY OF CLEARWATER PLANNING DEPARTMENT 100 SOUTH MYRTLE AVENUE, 2ND FLOOR CLEARWATER, FL 33756 (727) 562-4567 FAX: (727) -562-4865 TO: J~'fi ~- DATE: ~ Zl I i ~ @ '7 FAX: ~-~' Z ° ~ 3 Q ¢ TELEPHONE : ~-4 Z - ~, 3 d I FROM: Wayne M. Wells_ TELEPHONE: (727, 562-4504 SUBJECT: MESSAGE: )C. fin - ~~~-~-}ri~G'I~~, ~ n _ ~~ ~ ~r--- ~~. r~ ~ ~ - Gr c -~ .;.-~- --t- iTl~ Y` i ~ ~JCt. t ~. ~ 1' 't~A tq 0 ti/ C' : C~~G.~ ~ ~~ ~ 'D ~ NUMBER OF SHEETS (INCLUDING THIS PAGE): Message ~ ~ • Page 1 of 1 Wells, Wayne From: Wells, Wayne Sent: Monday, December 10, 2007 2:23 PM To: 'Jayne E. Sears' Subject: 430 South Gulfview - FLD2007-11034 Jayne - As it was stated at the DRC meeting, please include such in your request. As noted, if it continues as scheduled, proposed Code amendments are to be adopted by City Council on January 17, 2008, that will change this section of the Code. Wayne -----Original Message----- From: Jayne E. Sears [mailto:JayneS@jpfirm.com] Sent: Wednesday, November 28, 2007 2:10 PM To: Wells, Wayne Subject: 430 South Gulfview - FLD2007-11034 The applicant intends to amend the application to add a request fora 2-year development order. Is this something we can do at resubmittal or do you need a formal request now? Jayne E. Sears Legal Assistant Johnson, Pope, Bokor, Ruppel & Burns, LLP 911 Chestnut Street Clearwater, FL 33756 Phone: (727) 461-1818 Fax: (727) 462-0365 12/10/2007 • • Wells, Wayne Page 1 of 1 From: Rickard, Leonard Sent: Monday, December 10, 2007 11:59 AM To: Wells, Wayne . Subject: RE: FLD2007-11037, 161 Brightwater Drive Wayne, This is acceptable and yes I would like to see it added as a condition of CDB approval. Lenny Rickard Assistant Fire Marshal Clearwater Fire & Rescue 610 Franklin St., Clearwater, F133756 727-562-4327 Ext. 3078 Fax 727-562-4461 -----Original Message----- Froin: Wells, Wayne Sent: Monday, December 10, 2007 11:14 AM To: Rickard, Leonard Cc: Keller, James Subject: FLD2007-11037, 161 Brightwater Drive Lenny - Is this acceptable? Should I make this a condition if the CDB approves the application? Wayne -----Original Message----- From: Rjsk1234@aol.com [mailto:Rjsk1234@aol.com] Sent: Monday, December 10, 2007 10:45 AM To: Rickard, Leonard Cc: Wells, Wayne Subject: 161 Brightwater Drive Chief Leonard Rickard, per your request please accept this a-mail as acceptance for the required Strobe (s) in each sleeping room, as well as a Fire Alarm System that meets a 75db sound level in each sleeping room. We will comply within 30 days of approval and all subsequent inspections. Ron Augustine 638-3907 Clearwater Townhomes Inc. Check out AOL Money & Finance's list of the hottest products and tog money wasters of 2007. 12/10/2007 • • Wells, Wayne From: Wells, Wayne Sent: Monday, December 10, 2007 9:05 AM To: 'Rjsk1234@aol.com' Cc: Rickard, Leonard; Keller, James Subject: FLD2007-11037, 161 Brightwater Drive Ron - Please call Lenny Rickard with the Fire Department (562-4327 x3078) to discuss the following DRC comment, which they are saying you have not completely addressed. If you need to do something to the units, like adding a Fire Alarm system and strobes, and you can write an email or letter to Mr. Rickard acknowledging you will install such if the application is approved, please do so today so I will not have this as an issue for the Staff Report. This could be a condition of approval if the CDB approves the request. 11/19/2007 Letter of response does not address that a complete fire alarm system is required. See previous condition below; Previous comment from FLS2007-09044 " This will become a mixed occupancy per Florida Fire Prevention Code, NFPA 101. As such the more stringent requirements of the Hotel Occupancy will need to be addressed. A Fire Alarm system will be required to be installed throughout the building and you must provide 75 db sound level in all sleeping rooms. Also in the units used for timeshare there must be strobes installed in the sleeping rooms for the hearing impaired. Acknowledge intent to comply " Provide an acknowledgement PRIOR TO CDB Thanks. Wayne - ~ i ,1~ /'~ ~~ ~~ ~EA~H CL~1B :1 A Private Residenc Club - Y _. ~ 4 Qwnin$ ~ S~concl I-Ion~e ~n B~alltifLll CI~~YWc1tGY BCc1~ J11S~ ~ot ~r1S1~Y. ,~~ Iina.~ino this : You C~1.1~. ~~.te~froilt • 3 Bedroom 2 1/2 Bath Townhome • Designer Furnished ~. • Elevator • Private Rooftop Spa Lift • Private Boat _ • New 19.4. 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It is important to be the first to secure your spot so you have first choice of vacation weeks in the up-coming year. You can call, email or visit us right now. Space is limit so don't wait or it may be too late. 5) How do fractionals compare to time share? There really is no comparison. Fractionals are more exclusive and offer many more luxury amenities ar services than time share. But the major difference between the tvvo is ownership. In most cases with ti share you are just buying time. With fractionals you are buying real estate which means you can sell it. leave it to family members. In regards to financing, banks and mortgage firms consider fradionals to k appreciating assets and will treat them like any other second home purchase. Lenders have been know not look as positively on time share. That's because they often depreciate over time and the finance ra are often high regardless of credit. 6) How is the title conveyed? The title is com~eyed 4vith a fee simple deed and a title insurance policy, in the home equal to the fract you purchased. This will offer the greatest protection for all owners. Gulfcoast Beach Club ~"' - ~;c, Copyright 2007 All Right Reserved site designer ~ tivlm designs http://www.gulfcoastbeachclub.com/index.php?option=com content&task=view&id=8&It... 12/5/2007 • Wells, Wayne From: Wells, Wayne Sent: Tuesday, November 27, 2007 7:30 AM To: 'rjsk1234@aol.com' Subject: 161 Brightwater Drive Ron - Forgot to send this to you last night. This is how your request will look in the CDB agenda for December 18, 2007. Any changes I will let you know (any you see that are needed, let me know): 1. Case: FLD2007-11037 - 161 Brightwater Drive Level Two Application Owners: Clearwater Townhomes, Inc., William and Sharon Templeman, Jr. and Kathleen Hernandez (owners of Units 1, 2, 3, 6, 7, 8, 9 and 10). Applicant: Clearwater Townhomes, Inc. Representative: Ron Augustine and Ed Smeltz (161 Brightwater Drive #10, Clearwater, FL 33767; phone: 727-442- 8301; fax: 727-442-8304; email: r~'sk1234 ,aol.com). Location: 0.478 acres located on the south side of Brightwater Drive, approximately 800 feet east of Hamden Drive. Atlas Page: 276A. Zoning District: Tourist (T) District -Small Motel District. Request: Flexible Development approval (1) to permit a Mixed Use (two attached dwellings and eight overnight accommodations [timeshares]) in the Tourist District where 10 attached dwellings (townhomes) were previously approved and constructed under FLD2002-11042, as a Comprehensive Infill Redevelopment Project, under the provisions of Section 2-803.C; and (2) Termination of Status of Nonconformity to permit parking for overnight accommodations (timeshares) that are designed to back into the public right-of--way (previously approved as attached dwellings [townhomes]), under the provisions of Section 6-109. Proposed Use: Mixed Use (two attached dwellings and eight overnight accommodations [timeshares]). Neighborhood Associations: Clearwater Beach Association (Jay Keyes, 100 Devon Drive, Clearwater, FL 33767; phone: 727-443-2168; email: papamurphyna aol com <mailto•paUamurphy(a~aol com>); Clearwater Neighborhoods Coalition (Joe Evich, President, P.O. Box 8204, Clearwater, FL 33758). Presenter: Wayne M. Wells, AICP, Planner III. Wayne • ~ Page 1 of 1 Wells, Wayne From: Wells, Wayne Sent: Monday, November 19, 2007 6:35 PM To: 'Rjsk1234@aol.com' Subject: RE: 161 Brightwater Ron - No, I did not receive the fax. My fax number is 562-4865. Wayne -----Original Message----- From: Rjsk1234@aol.com [mailto:Rjsk1234@aol.com] Sent: Monday, November 19, 2007 1:16 PM To: Wells, Wayne Subject: 161 Brightwater just making sure you received my fax this mourning...affidavit for unit #3...thanks...Ron See what's new at AOL.com and Make AOL Your Homepage. 11/19/2007 Page 1 of 1 Wells, Wayne From: Wells, Wayne Sent: Thursday, November 15, 2007 6:08 PM To: 'Rjsk1234@aol.com' Cc: Watkins, Sherry; Thompson, Neil Subject: RE: 161 Brightwater Ron - l understand you talked to Neil. What he indicated is that you have the one original and 14 copies made. In that case, it sounds like you are ready to submit the package. I would see Sherry Watkins to submit the package. However, if you want to see me, I would be available probably around 11 am. The additional fee is $730.00 (check made out to City of Clearwater). Wayne -----Original Message----- From: Rjsk1234@aol.com [mailto: Rjsk1234@aol.com] Sent: Wednesday, November 14, 2007 9:45 AM To: Wells, Wayne Cc: esmeltz4@tampabay.rr.com Subject: 161 Brightwater Wayne, welcome back....have the D/O ready to submit...would like to review with you on Friday a.m. if you have 15 minutes...also I forgot the net application fee amount needed...e-mail me and let me know the dollar amount and a good time for you...thanks...Ron See what's new at AOL.com and Make AOL Your Homepage. 11/15/2007 :~fi~ :.~~ :'~ Wells, Wayne From: Sent: To: Subject: Rickard, Leonard Monday, November 19, 2007 3:08 PM Watkins, Sherry; Buzzell, William; Chase, Susan; Dougall-Sides, Leslie; DRC Members; Gluski, Roberta; Hollander, Gwen; Hufford, Diane; 'James Miller ;Josuns, Sarah; Lutz, Deb; Patni, Himanshu; Reid, Debbie; Shell, Heather C.; 'US Post Office (E-mail)'; Vo, Phuong; Yellin; Catherine RE: CDB resubmittal for the DECEMBER , 2007 Meeting Lenny Rickard Assistant Fire Marshal Clearwater Fire & Rescue 610 Franklin St., Clearwater, Fl 33756 727-562-4327 Ext. 3078 Fax 727-562-4461 -----Original Message----- From: Watkins, Sherry Sent: Monday, November 19, 2007 1:56 PM To: Buzzell, William; Chase, Susan; Dougall-Sides, Leslie; DRC Members; Gluski, Roberta; Hollander, Gwen; Hufford, Diane; James Miller; Josuns, Sarah; Lutz, Deb; Patni, Himanshu; Reid, Debbie; Rickard, Leonard; Shell, Heather C.; US Post Office (E-mail); Vo, Phuong; Yellin, Catherine Subject: FW: CDB resubmittal for the DECEMBER , 2007 Meeting Good Afternoon, To let you know that FLD2007-11037 was formally FLS2007-09044 FLD2007-11037 161 Brightwater Drive Planner: Wayne Wells Thank you, Sherry Watkins Administrative Analyst Planning Department T27--562-4582 -----Original Message----- From: Watkins, Sherry Sent: Monday, November 19, 2007 1:35 PM To: Buzzell, William; Chase, Susan; Dougall-Sides, Leslie; DRC Members; Gluski, Roberta; Hollander, Gwen; Hufford, Diane; James Miller; Josuns, Sarah; Lutz, Deb; Patni, Himanshu; Reid, Debbie; Rickard, Leonard; Shell, Heather C.; US Post Office (E-mail); Vo, Phuong; Yellin, Catherine Subject: CDB resubmittal for the DECEMBER , 2007 Meeting DRC Members, Plans for the following cases have been resubmitted for the December 18, 2007 CDB Meeting: FLD2007-11037 161 Brightwater Drive Planner: Wayne Wells (Rickard, Leonard] NOT MET APP2007-00003 403 Magnolia Drive Planner: Robert Tefft (Rickard, Leonard] MET REZ2007-10001 1201 & 1241 Gulf Blvd Planner Steven Everitt (Rickard, Leonard] MET I have placed one copy of the case resubmittal package on the cabinets outside of Room 216 in our office for your review (Please do not take it or any of the other copies as they are needed for the CDB members) Please review your comments/conditions for this cases in Permit Plan and determine if they are met. Whether the conditions are "met" or still "not met," please affirm to me via email. Please have these cases reviewed by Wednesday, November 21, 2007 by 4PM. Thank you • • Wells, Wayne From: Albee, Rick Sent: Wednesday, November 21, 2007 8:34 AM To: Watkins, Sherry; Buzzell, William; Chase, Susan; Dougall-Sides, Leslie; DRC Members; Gluski, Roberta; Hollander, Gwen; Hufford, Diane; 'James Miller'; Josuns, Sarah; Lutz, Deb; Patni, Himanshu; Reid, Debbie; Rickard, Leonard; Shell, Heather C.; 'US Post Office (E-mail)'; Vo, Phuong; Yellin, Catherine Subject: RE: CDB resubmittal for the DECEMBER , 2007 Meeting 161 Brightwater- No Issues 403 Magnolia- Case Denied 1201 &1241 Gulf Blvd- No Issues -----Original Message----- From: Watkins, Sherry Sent: Monday, November 19, 2007 1:35 PM To: Buzzell, William; Chase, Susan; Dougall-Sides, Leslie; DRC Members; Gluski, Roberta; Hollander, Gwen; Hufford, Diane; James Miller; Josuns, Sarah; Lutr, Deb; Patni, Himanshu; Reid, Debbie; Rickard, Leonard; Shell, Heather C.; US Post Office (E-mail); Vo, Phuong; Yellin, Catherine Subject: CDB resubmittal for the DECEMBER , 2007 Meeting DRC Members, Plans for the following cases have been resubmitted for the December 18, 2007 CDB Meeting: FLD2007-11037 APP2007-00003 REZ2007-10001 161 Brightwater Drive Planner: Wayne Wells 403 Magnolia Drive Planner: Robert Tefft 1201 & 1241 Gulf Blvd Planner Steven Everitt I have placed one copy of the case resubmittal package on the cabinets outside of Room 216 in our office for your review (Please do not take it or any of the other copies as they are needed for the CDB members} Please review your comments/conditions for this cases in Permit Plan and determine if they are met. Whether the conditions are "met" or still "not met," please affirm to me via email. Please have these cases reviewed by Wednesday, November 21, 2007 by 4PM. Thank you Sherry Watkins Administrative ffnalyst Planning Department 727-562-4582 IREZ~007-10001 (Andrew IR Duff, Trustee Trust 2020229 1201 and 1241 Gulf Boulevard ~. Wells, Wayne From: Doherty, Steve Sent: Tuesday, November 20, 2007 2:38 PM To: Watkins, Sherry; Buzzell, William; Chase, Susan; Dougall-Sides, Leslie; DRC Members; Gluski, Roberta; Hollander, Gwen; Hufford, Diane; 'James Miller'; Josuns, Sarah; Lutz, Deb; Patni, Himanshu; Reid, Debbie; Rickard, Leonard; Shell, Heather C.; 'US Post Office (E-mail)'; Vo, Phuong; Yellin, Catherine Subject: RE: CDB resubmittal for the DECEMBER , 2007 Meeting FLD2007-11037 161 Brightwater Drive Eng/Traf/Storm/Enviro All conditions met APP2007-00003 403 Magnolia Drive Eng/Traf/Storm/Enviro Refer to FLS2007- 08041 REZ2007-10001 1201 & 1241 Gulf Blvd Eng/Traf/Storm/Enviro No issues -----Original Message----- From: Watkins, Sherry Sent: Monday, November 19, 2007 1:56 PM To: Buzzell, William; Chase, Susan; Dougall-Sides, Leslie; DRC Members; Gluski, Roberta; Hollander, Gwen; Hufford, Diane; James Miller; Josuns, Sarah; Lutr, Deb; Patni, Himanshu; Reid, Debbie; Rickard, Leonard; Shell, Heather C.; US Post Office (E-mail); Vo, Phuong; Yellin, Catherine Subject: FW: CDB resubmittal for the DECEMBER , 2007 Meeting FLD2007-11037 APP2007-00003 REZ2007-10001 161 Brightwater Drive Planner: Wayne Wells 403 Magnolia Drive Planner: Robert Tefft 1201 & 1241 Gulf Blvd Planner Steven Everitt Good Afternoon, To let you know that FLD2007-11037 was formally FLS2007-09044 Thank you, Sherry Watkins Administrative Analyst Planning Deportment 727-5b2-4582 -----Original Message----- From: Watkins, Sherry Sent: Monday, November 19, 2007 1:35 PM To: Buzzell, William; Chase, Susan; Dougall-Sides, Leslie; DRC Members; Gluski, Roberta; Hollander, Gwen; Hufford, Diane; James Miller; Josuns, Sarah; Lutr, Deb; Patni, Himanshu; Reid, Debbie; Rickard, Leonard; Shell, Heather C.; US Post Office (E-mail); Vo, Phuong; Yellin, Catherine Subject: CDS resubmittal for the DECEMBER , 2007 Meeting DRC Members, Plans for the following cases have been resubmitted for the December 18, 2007 CDB Meeting: FLD2007-11037 161 Brightwater Drive Planner: Wayne Wells APP2007-00003 REZ2007-10001 403 Magnolia Drive Planner: Robert Tefft 1201 & 1241 Gulf Blvd Planner Steven Everitt I have placed one copy of the case resubmittal package on the cabinets outside of Room 216 in our office for your review (Please do not take it or any of the other copies as they are needed for the CDB members Please review your comments/conditions for this cases in Permit Plan and determine if they are met. Whether the conditions are "met" or still "not met," please affirm to me via email. Please have these cases reviewed by ~ • Wells, Wayne From: Watkins, Sherry Sent: Monday, November 19, 2007 1:56 PM To: Buzzell, William; Chase, Susan; Dougall-Sides, Leslie; DRC Members; Gluski, Roberta; Hollander, Gwen; Hufford, Diane; James Miller; Josuns; Sarah; Lutz, Deb; Patni, Himanshu; Reid, Debbie; Rickard, Leonard; Shell, Heather C.; US Post Office (E-mail); Vo, Phuong; Yellin, Catherine Subject: FW: CDB resubmittal for the DECEMBER , 2007 Meeting Good Afternoon, To let you know that FLD2007-11037 was formally FLS2007-09044 FLD2007-11037 161 Brightwater Drive Planner: Wayne Wells Thank you, Sherry Watkins Administrative Analyst Planning Department 727-562-4582 -----Original Message----- From: Watkins, Sherry Sent: Monday, November 19, 2007 1:35 PM To: Buzzell, William; Chase, Susan; Dougall-Sides, Leslie; DRC Members; Gluski, Roberta; Hollander, Gwen; Hufford, Diane; James Miller; Josuns, Sarah; Lutz, Deb; Patni, Himanshu; Reid, Debbie; Rickard, Leonard; Shell, Heather C.; US Post Office (E-mail); Vo, Phuong; Yellin, Catherine Subject: CDB resubmittal for the DECEMBER , 2007 Meeting DRC Members, Plans for the following cases have been resubmitted for the December 18, 2007 CDB Meeting: FLD2007-11037 APP2007-00003 REZ2007-10001 161 Brightwater Drive Planner: Wayne Wells 403 Magnolia Drive Planner: Robert Tefft 1201 & 1241 Gulf Blvd Planner Steven Everitt I have placed one copy of the case resubmittal package on the cabinets outside of Room 216 in our office for your review (Please do not take it or any of the other copies as they are needed for the CDB members Please review your comments/conditions for this cases in Permit Plan and determine if they are met. Whether the conditions are "met" or still "not met," please affirm to me via email. Please have these cases reviewed by Wednesday, November 21, 2007 by 4PM. Thank you Sherry Watkins Administrative Analyst Planning Department 727-562-4582 REZ20 7-10001 Andrew .Duff, Trustee Trust 2020229 1201 and 1241 Gulf Boulevard 4 £~nellas County Property Ap~ser Information: 08 29 15 43454 000 0~,~ Page 2 of 5 08 ~ 29 / 15 ~ 43454 / 000 / 001.0 26-Hov-2007 Jim Smith, CFA Pinellas County Property Appraiser 17:25:41 Ownership Information Condo/Pud Property Address, Use, and Sales CLEARWATER TOWNHOMES IHC OBK: 15225 OPG: 1416 161 BRIGHTWATER DR # i CLEARWATER FL 33767 EVAC: A EVAC Comparable sales value as Prop Addr: 161 BRI GHTWATER DR i of Jan 1, 2007, based on Census Tract: .00 sales from 2005 - 2006: 801,600 Sale Date OR Book/Page Price {Qual/UnQ} Vac/Imp Plat Information 1012,007 16,018/2,331 850,000 {Q} I 2003: Book 127 Pgs 046-047 7 12,006 15,225/1,416 885,300 {Q) I 0000: Book Pgs - 0 10 0/ 0 0 { ) 0000: Book Pgs - 0 /0 0/ 0 0 { } 2007 Value EXEMPTIONS Just/Market: 681,400 Homestead: HO Ownership ~ .000 Govt Exem: HO Use ~: .000 Assessed/Cap: 681,400 Institutional Exem: NO Tax Exempt ~: .000 Historic Exem: 0 Taxable: 681,400 Agricultural: 0 2007 Tax Information District: CW Seawall: Frontage: Clearwater View: Int rac F 07 Tax: 13,585.14 Land Size Unit Land Land Land Front x Depth Price Units ,Meth 07 Millage: 19.9371 1} 0 x 0 .00 .00 07 Spec Asmt: .00 2} 0 x 0 .00 .00 3} 0 x 0 .00 .00 Without the Save-Our-Haines 4) 0 x 0 .00 .00 cap, 2007 taxes will be 5} 0 x 0 .00 .00 13, 585.14 6) 0 x 0 . 00 . 00 Without any exemptions, 2007 taxes will be : 13,585.14 Short Legal ISLAND TOWNHOMES LOT i Description {CW PLAT 127 PG+S 46 & 47) Building Information = http://136.174.187.13/htbin/cgi-scr3?o=1 &a=1 &b=1 &c=1 &r=.16&s=4&t3=1 &u=0&p=0... 11/26/2007 ~ P.ynellas County Property App~ser Information: 08 29 15 43454 000 0~0 Pro erty and Land Use Code descriptions 08 / 29 / 15 ~ 43454 1000 10010 Page 3 of 5 26-NoV-2007 Jim Smith, CFA Pinellas County Property Appraiser 17:25:40 General Information Property Use: 233 Yr Blt: 2,006 Apt #; i Size: 2,260 Floor: 01 RECREAT I U1V S I T E D AT A View iww-full Building twnhse Swimming Pool Location corner Balcony/Porch opn Marina es Condo/Planned Unit Extra Foatur Description Dimensions Price Units Value RCD Year 1) . DO 0 0 0 0 2} .00 0 0 0 0 3) .00 0 0 0 0 a} . 00 0 0 0 0 5} .00 0 0 0 0 ~) . 00 0 0 0 0 TOTRL RECORD VALUE: 0 Map With Property Address (non-vacant) ®®~®~® http:// 136.174.187.13/htbin/cgi-scr3?o=1 &a=1 &b=1 &c=1 &r=.16&s=4&t3=1 &u=0&p=0... 11 /26/2007 1 Pinellas County Property App~ser Information: 08 29 15 43454 000 ~0 ~~~n ~ I,~U BA`ti'SIDE 1/8 Mile Aerial Photograph (2002) ~~~~3~ ~~~~~~ Page 4 of 5 It `f L http://136.174.187.13/htbin/cgi-scr3?o=1 &a=1 &b=1 &c=1 &r=.16&s=4&t3=1 &u=0&p=0... 11 /26/2007 T Wr4 ~~~ l.yl-~ I ~t ~~ ~ ~3 ~ ~~S~~U* ~ ~~~54~ ~~4~~~ ~• Pinellas County Property App~iser Information: 08 29 15 43454 000 0310 Page 5 of 5 Pinellas County Property Appraiser Parcel Information Back to Search. Page An explanation of this screen http://136.174.187.13/htbin/cgi-scr3?o=1 &a=1 &b=1 &c=1 &r=.16&s=4&t3=1 &u=0&p=0... 11 /26/2007 P-;Hellas County Property App~ser Information: 08 29 15 43454 000 0~0 Page 2 of 5 0~ / 29 1 15 / 43454 ~ 000 / 000 ?6-Nov-?007 Jim Smith, CFA Pinellas County Property Appraiser 17:?6:15 Ownership Information Condo}Pud Property Address, Use, and Sales TEMPLEMAN, WILLIAM J JR OBK: 15061 OPG: 0506 TEMPLEMAN, SHARON J 161 BRIGHTWATER DR # 2 CLEARWATER FL 33767-2458 EVAC: A EVAC Comparable sales value as Prap Addr: 161 BRIGHTWATER DR 2 of Jan 1, 2007, based on Census Tract: .00 sales from 2005 - 2006: 785,900 Sale Oate OR Book/Page Price {Qual/UnQ} Vac/Imp Plat Information 4 I?,006 15,061} 506 735,000 {Q} I ?003: Book 127 Pgs 046-047 0 /0 0{ 0 0 { } 0000: Book Pgs - 0 /0 0} 0 0 { } 0000: Book Pgs - 0 /0 0} 0 0 { } 2007 Value EXEMPTIONS Just{Market: 668,000 Homestead: YES Ownership ~ 1.000 Govt Exem: NO Use ~: 1.000 Assessed/Cap: 668,000 Institutional Exem: NO Tax Exempt ~: .000 Historic Exem: 0 Taxable: 643,000 Agricultural: 0 2007 Tax Information District: CW Seawall: Frontage: Clearwater View: Intrac F 07 Tax: i?,$19.56 Land Size Unit Land Land Land Front x Depth Price Units Meth 07 Millage: 19.9371 1} 0 x 0 .00 .00 07 Spec Asmt: .00 2} 0 x 0 .00 .00 3} 0 x 0 .00 .00 Without the Save-Our-Homes 4} 0 x 0 .00 .00 cap, 2007 taxes will be : 5} 0 x 0 .00 .00 12, 819. 56 6} 0 x 0 . 00 . 00 Without any exemptions, 2007 taxes will be : 13, 317. 98 Short Legal ISLAND TOWNNOMES LOT ? Description {CW PLAT i?7 PG'S 46 & 47} Building Information ~ ~~ http://136.174.187.13/htbin/cgi-click?o=1 &a=1 &b=1 &c=1 &r=.16&s=4&t3=1 &u=0&p=... Ps,;nellas County Property App~ser Information: 08 29 15 43454 000 0~0 08 / 29 / 15 1 43454 l 000 ~ 0020 Page 3 of 5 26-Hou-2007 Jim Smith, CFA Pinellas County Property Appraiser 17:26:16 General Information Property Use: 233 Yr Blt: 2,006 Apt #; 2 Size; 2,260 Floor; 01 RECREATION S I TE I]ATA View iww-full Building twnhse Swimming Pool Location inter BalconylPorch opn Marina ~~ Condo/Planned Unit Extra F~atur Description Dimensions Price Units Value RCD Year 1} .00 0 0 0 0 z} . 00 0 0 0 0 3} .00 0 0 0 0 4} .00 0 0 0 0 5} .00 0 0 0 0 6} .00 0 0 0 0 TOTAL RECORD VALUE: 0 Map With Property Address (non-vacant) ®~® http://136.174.187.13/htbin/cgi-click?o=1 &a i Pinellas County Property App~ser Information: 08 29 15 43454 000 0~0 .~~ . ~ 111 Ca t''~ ~ ~~~ ~~~rSIDE 1/8 Mile Aerial Photograph (2002) Page 4 of 5 ~.~'~SEI Ct R http://136.174.187.13/htbin/cgi-click?o=1 &a=1 &b=1 &c=1 &r=.16&s=4&t3=1 &u=0&p=... 11/26/2007 l~l ~~~ U1'~ 1 V t ~ ~ ~ ~ Page 5 of 5 ~~~ • 1 k ~ c ~ Pinellas County Property Appraiser ~ -_~. < <~- a`' ,;, Parcel Information ~ }a~ http:// 136.174.187.13/htbin/cgi-click?o=1 &a=1 &b=1 &c=1 &r=.16&s=4&t3=1 &u=0&p=... 11 /26/2007 P,rnellas County Property App~ser Information: 08 29 15 43454 000 0~0 .~Dinellas County Property App~ser Information: 08 29 15 43454 000 0~0 08 1 ~9 I 1. `J ! 434~J4 ~ OHO I 0030 Page 2 of 5 26-Hoy-2007 Jim Smith, CFA Pinellas County Property Appraiser 17:26:39 Ownership Information Condo/Pud Property Address, Use, and Sales HERNAHDEZ, KATHLEEN M OBK: 15194 DPG: 0195 31 WOODLAND DR KIHGS PARK NY 11754-3230 EVRC: A EVAC Comparable sales value as Prop Addr: 161 BRIGHTWATER DR 3 of Jan 1, 2007, based on Census Tract: .00 2006 l f 2005 : es rom - sa 785,900 Sale Date OR BooklPage Price {QuallUnQ} Vac/Imp Plat Information 6 12,006 15,194/ 195 935,000 {Q} I 2003: Book 127 Pgs 046-047 0 10 0/ 0 0 { } 0000: Book Pgs - 0 10 0/ 0 0 { } 0000: Book Pgs - 0 10 0/ 0 0 { } 2007 Value EXEMPTIONS JustlMarket: 668,000 Homestead: NO Ownership ~ .000 Govt Exem: HO Use ~: .000 AssessedJCap: 668,000 Institutional Exem: HO Tax Exempt ~: .000 Historic Exem: 0 Taxable: 668,000 Agricultural: 0 2007 Tax Information District: CW Seawall: Frontage: Clearwater View: Intrac F 07 Tax: 13,317.98 Land Size Unit Land Land Land Front x Depth Price Units Meth 07 Millage: 19.9371 1} 0 x 0 .00 .00 07 Spec Asmt: .00 2} 0 x 0 .00 .00 3} 0 x 0 .00 .00 LJithout the Save-Our-Homes 4} 0 x 0 .00 .00 cap, 2007 taxes will be : 5} 0 x 0 .00 .00 13, 317. 98 6} 0 x 0 . 00 . 00 Without any exemptions, 2007 taxes will be 13, 317.98 Short Legal ISLAND TOWHHOMES LOT 3 Description {CW PLAT 127 PG'S 46 & 47} Building Information INC.~vv ev http://136.174.187.13/htbin/cgi-click?o=1 &a=1 &b=1 &c=1 &r=.16&s=4&t3=1 &u=0&p=... 11 /26/2007 ~ =Pinellas County Property Ap~ser Information: 08 29 15 43454 000 0~0 08 1 29 ~ 15 / 43454 / 000 / 0030 Page 3 of 5 ?6-Nav-2007 Jim Smith, CFA Pinellas County Property Appraiser 17:?6:39 General Information Property Use: ?33 Yr Blt: ?,006 Apt #: 3 Size: ?,?60 Floor: 01 RE C RE AT I ~ N S I TE I]ATA View iww-full Building twnhse Swimming Pool Location inter Balcony{Porch opn Marina ~s tondo! Flannecl Unit Extra Featu.r Description Dimensions ,Price Units Value RCD Year 1} .00 0 0 0 0 z} . 00 0 0 0 0 3} .00 0 0 0 0 4} .00 0 0 0 0 5} .00 0 0 0 0 6} .00 0 0 0 0 TOTAL RECORD VALUE: 0 Map With Property Address (non-vacant) ®®~®~~ http://136.174.187.13/htbin/cgi-click?o=1 &a=1 &b=1 &c=1 &r=.16&s=4&t3=1 &u=0&p=... 11 /26/2007 zPinellas County Property Apser Information: 08 29 15 43454 000 ~0 ~~ ~llCin ~ ,, ~~3~~~ ~~~~~ Page 4 of 5 30 I 142 146 150 154 160 162 ~~U A`t}51 AY~SI Yf ~jD SIDE BAY~~DE B~.Y~ID AYSI 'YSI YSI YSI Y DR DR DR p 182 DR Gt? Df~ DR DR DR ~ DRIDE 1/8 Mile Aerial Photograph (2002) http://136.174.187.13/htbin/cgi-click?o=1 &a=1 &b=1 &c=1 &r=.16&s=4&t3=1 &u=0&p=... 11 /26/2007 '~ t Lh~ Vr~i v~ J ~ ~3 ~ ~~5~~0* ~ ~~4~~~ ~~4~~~~ { Pinellas County Property App~iser Information: 08 29 15 43454 000 0~0 ~- ~,..,~. 1' _~ Pinellas County Property Appraiser ~~` ~-~ :~ Parcel Information "` _~ ~~ ~~ ~~_:, Page 5 of 5 ~.~ http://136.174.187.13/htbin/cgi-click?o=1 &a=1 &b=1 &c=1 &r=.16&s=4&t3=1 &u=0&p=... 11/26/2007 Priaellas County Property App~ser Information: 08 29 15 43454 000 0~ 08 / 29 / ~.~J ! 44~J4 ~ OOO ~ 0040 Page 2 of 5 26-Hov-2007 Jim Smith, CFA Pinellas County Property Appraiser 17:27:02 Ownership Information CondoJPud Property Address, Use, and Sales CHEN, CHUNG J OBK: 15195 OPG: 2312 12476 BEHTBROOK DR CHESTERLAND OH 44026-2459 EVAC: A EUAC Comparable sales value as Prop Rddr: 161 BRIGHTWATER DR 4 of Jan 1, 2007, based on Census Tract: .00 06 : sales from 2005 - 20 785,900 Sale Date OR BooklPage Price {Qual/UnQ} Vac/Imp Plat Information 6 12,006 15,195/2, 312 799,000 {Q) I 2003: Book 127 Pgs 046-047 0 10 0/ 0 0 { ) 0000: Book Pgs - 0 10 01 0 0 { } 0000: Book Pgs - 0 10 0! 0 0 { } 2007 Value EXEMPTIONS JustlMarket: 668,000 Homestead: HO Ownership ~ .000 Govt Exem: HO Use ~: .000 AssessedlCap: 668,000 Institutional Exem: NO Tax Exempt ~: .000 Historic Exem: 0 Taxable: 668,000 Agricultural: 0 2007 Tax Information District: CW Seawall: Frontage: Clearwater View: Intrac F 07 Tax: 13,317.98 Land Size Unit Land Land Land Front x Depth Price Units Meth 07 Millage: 19.9371 1) 0 x 0 .00 .00 07 Spec Asmt: .00 2) 0 x 0 .00 .00 3) 0 x 0 .00 .00 Without the Save-Our-Homes 4} 0 x D .40 .00 cap, 2007 taxes will be : 5) 0 x 0 .00 .00 13, 317. 98 6} 0 x 0 . 00 . 00 Without any exemptions, 2007 taxes will be 13, 317. 98 Short Legal ISLAND TOWHHOMES LOT 4 Description {CW PLAT 127 PG'S 46 & 47) Building Information http://136.174.187.13/htbin/cgi-click?o=1&a= = c= -. - - - ... 11/26/2007 PiE~ellas County Property App 'ser Information: 08 29 15 43454 000 0~ ~~ ~ ~~ ~ ~~ r ~~~~4 ~ oao ~ ~a4o Page 3 of 5 ?6-Nov-2007 Jim Smith, CFA Pinellas County Property Appraiser 17:?7:0? General Information Property Use: ?33 Yr Blt: 2,006 Apt #: q Size: 2,?60 Floor: 01 RE C RE AT I U N S I TE I]ATA View iww-full Building twnhse Swimming Pool Location inter BalconyJPorch opn Marina ~~ Condo/P1ann~d Unite Extra F~a-tur Description Dimensions Price Units Value RCD Year 1} .00 0 0 0 0 2) .00 0 0 0 0 3} .00 0 0 0 0 4} .00 0 0 0 0 5} .00 0 0 0 0 6} .00 0 0 0 0 TOTAL RECORD VALUE: 0 Map With Property Address (non-vacant) aoo® http://136.174.187.13/htbin/cgi-click?o=1 &a=1 &b=1 &c=1 &r=.16&s=4&t3=1 &u=0&p=... 11 /26/2007 Pinellas County Property Ap~ser Information: 08 29 15 43454 000 0~0 J ~~~n Page 4 of 5 DE 13~ 142 I~b 15~ I~~! I6D i~c ~'~iD ~.YSI AY5~1 .~Y~SID BA'~~IDE BAS ~~ID AYD~i 'p~ ~ DR C~R~ }DR DF~ DR DR p~ I8~ ff~~ FF~~ A DRD ~~ 1/8 Mile Aerial Photograph (2002) http:// 136.174.187.13/htbin/cgi-click?o=1 &a=1 &b=1 &c=1 &r=.16&s=4&t3=1 &u=0&p=... 11 /26/2007 L- ~ ~ ~ Pinellas County Property Apser Information: 08 29 15 43454 000 ~0 Page 5 of 5 Pinellas County Property Appraiser Parcel Information http://136.174.187.13/htbin/cgi-click?o=1 &a=1 &b=1 &c=1 &i=.16&s=4&t3=1 &u=0&p=... 11 /26/2007 "~. Pinellas County Property Ap~ser Information: 08 29 15 43454 000 0~0 Page 2 of 5 08 / 29 / 15 ,l 43454 ~ 000 1 0050 26-Ho5r-2007 Jim Smith, CFA Pinellas County Property Appraiser 17:27:26 Ownership Information CondoJPud Property Address, Use, and Sales BDHDY, DAVID J OBK: 15304 OPG: 1223 BUNDY, NANCY J 1325 STOOPS FERRY DR MOON TOWNSHIP PA 15108-8919 EVAC: A EVAC Comparable sales value as Prop Addr: 161 BRI GHTWATER DR 5 of Jan 1, 2007, based on Census Tract: .00 l f 2005 2006 sa es rom - : 785,900 Sale Date OR Book/Page Price {Qua11UnQ} Vac/Imp Plat Information 8 12,006 15,304/1,223 850,000 {Q} I 2003: Book 127 Pgs 046-047 4 /2,006 15,053J1,012 849,000 {Q} I 0000: Book Pgs - 0 /0 0I 0 0 { } 0000: Book Pgs - 0 /0 0/ 0 0 { } 2007 Value EXEMPTIONS Just/Market: 668,000 Homestead: HO Ownership ~ .000 Govt Exem: HO Use ~: .000 Assessed/Cap: 668,000 Institutional Exem: HO Tax Exempt ~: .000 Historic Exem: 0 Taxable: 668,000 Agricultural: 0 2007 Tax Information District: CW Seawall: Frontage: Clearwater View: Int rac F 07 Tax: 13,317.98 Land Size Unit Land Land Land Front x Depth Price Units Meth 07 Millage: 19.9371 1} 0 x 0 . 00 .00 07 Spec Asmt: .00 2} 0 x 0 .00 .00 3} D x 0 . 00 .00 LJithout the Save-Our-Homes 4} 0 x 0 .00 .00 cap, 2007 taxes will be : 5} 0 x 0 .00 .00 13, 317.98 6} 0 x 0 . 00 . 00 Without any exemptions, 2007 taxes will be 13, 317. 98 Short Legal ISLAND TOWHHOMES LOT 5 Description {CW PLAT 127 PG'S 46 & 47} Building Information ~ ~ ~D 0 U http://136.174.187.13/htbin/cgi-click?o=1 &a=1 &b=1 &c=1 &r=.16&s=4&t3=1 &u=0&p=... 11 /26/2007 ~ Pinellas County Property Ap~ser Information: 08 29 15 43454 000 0~0 08 ! 2~ ~ 15 1 4454 I 400 I O~~J Page 3 of 5 ?6-Nov-?007 Jim Smith, CFA Pinellas County Property Appraiser 17:?7:?6 General Information Property Use: 233 Yr Blt: ?,006 Rpt #; 5 Size: ?,?60 Floor: 01 RE C RE AT I C N SITE I]ATA View iww-full Building twnhse Swimming Pool Location inter BalconylPorch opn Marina +E~s Condo/ P1ann~d Unite E~c~ra F~a~ur Description Dimensions Price Units Value RCD Year 1} .00 0 0 0 0 2} .00 0 0 0 0 3} .00 0 0 0 0 4} .00 0 0 0 0 5} .00 0 0 0 0 6} .00 0 0 0 0 TOTAL RECORD VALUE: 0 Map With Property Address (non-vacant) ®~~® http://136.174.187.13/htbin/cgi-click?o=1 &a=1 &b=1 &c=1 &r=.16&s=4&t3=1 &u=0&p=... 11/26/2007 r Pinellas County Property Ap~ser Information: 08 29 15 43454 000 0~0 l J f ~~~~ ~~ Page 4 of 5 r~ !£~E~ I?0 e 17~ ~ 78 _- '',~~ I~l~ 1~6 150 154 1601 IF2 YSID ~Y51 MYSIC+ ~•[~ B~'~SIC7E B,~.xfSID ,4Y51 Y51 YSI Y51 1r5 DB aR DR ['} ~ 16~ DR DR aR CSR DF~ []~' Dk~ Al`SID o~ ~ ai 1/8 Mile Aerial Photograph (2002) http://136.174.187.13/htbin/cgi-click?o=1 &a=1 &b=1 &c=1 &> =.16&s=4&t3=1 &u=0&p=... 11/26/2007 i ~r~ ~....~ . Pnellas County Property Apg~ser Information: 08 29 15 43454 000 ~0 Page 5 of 5 .~, ~+ ~- ~w 4 ~~ .. -u4 Pinellas County Property Appraiser ` -~~' _. Parcel Information ~ .~~ ~' ~~~ ~, http:// 136.174.187.13/htbin/cgi-click?o=1 &a=1 &b=1 &c=1 &r=.16&s=4&t3=1 &u=0&p=... 11 /26/2007 Pinellas County Property Ap~er Information: 08 29 15 43454 000 ~ Page 2 of 5 0~ / 29 / 15 / ~~~54 1 000 / 0000 26-Nov-2007 Jim Smith, CFA Pinellas County Property Appraiser 17:?7:48 Ownership Information Condo/Pud Property Address, Use, and Sales CLEARWATER TOWNHOMES INC OBK: 12609 OPG: 0375 161 BRIGHTWATER DR # 10 CLEARWATER FL 33767 EVAC: A EVAC Comparable sales value as Prop Addr: 161 BRIGHTWATER DR 6 of Jan 1, 2007, based on Census Tract: .00 sales from 2005 - 2006: 785,900 Sale Date OR BookJPage Price 4Qua1JUnQ) Vac}Imp Plat Information 0 10 0} 0 0 { } 2003: Book 127 Pgs 046-047 0 10 0} 0 0 { ) 0000: Book Pgs - 0 IO 0} 0 0 { } 0000: Book Pgs - 0 10 O! 0 0 { } 2007 Value EXEMPTIONS Just{Market: 668,000 Homestead: NO Ownership ~ .000 Govt Exem: NO Use ~: .000 Assessed{Cap: 668,000 Institutional Exem: NO Tax Exempt ~: .000 Historic Exem: 0 Taxable: 668,000 Agricultural: 0 2007 Tax Information District: CW Seawall: Frontage: Clearwater View: Intrac F 07 Tax: 13,317.98 Land Size Unit Land Land Land Front x Depth Price Units Meth 07 Millage: 19.9371 1} 0 x 0 .00 .00 07 Spec Rsmt: .00 2} 0 x 0 .00 .00 3) 0 x 0 .00 .00 LJithout the Save-Our-Homes 4} 0 x 0 .DO .00 cap, 2007 taxes will be : 5) 0 x 0 .00 .00 13, 317.9$ 6} 0 x 0 . 00 . 00 I..Jithout any exemptions, 2007 taxes will be 13, 317.98 Short Legal ISLAND TOWNHOMES LOT 6 Description {CW PLAT 127 PG'S 46 & 47} Building Information v http://136.174.187.13/htbin/cgi-click?o=1&a=1&b=1&c=1&r--.16&s= = u= p=... 11/26/2007 J Pinellas County Property Ap~er Information: 08 29 15 43454 000 0 / 29 1 15 ~ 4454 / 0~0 / 000 Page 3 of 5 26-Hoar-2007 Jim Smith, CFR Pinellas County Property Appraiser 17:27:48 General Information Property Use; 233 Yr Blt: 2,006 Rpt #; ~, Size: 2,260 Floor: 01 RE CRE AT I CN SITE I]ATA View iww-full Building twnhse Swimming Pool Location inter Balcony/Porch opn Marina ~s Condo! Flanno~d Unit Extra F~a~ur Description Dimensions Price Units Value RCD Year 1} .00 0 0 0 0 2} . DO 0 0 0 D 3} . DO 0 0 D 0 4} . DO 0 D D 0 ~} . 00 o a 0 0 6} .00 0 0 0 D TOTAL RECORD VALUE: 0 Map With Property Address (non-vacant) ®®®®~ http://136.174.187.13/htbin/cgi-click?o=1 &a=1 &b=1 &c=1 &r=.16&s=4&t3=1 &u=0&p=... 11 /26/2007 r Pinellas County Property Ap~er Information: 08 29 15 43454 000 ~ Page 4 of 5 ~~ Inc 146 150 154 I~~ Ifi~ SID AYSI Y ~ ~.~~IDEr 8~.~~IDE B~.1`SID A'r'~I Y~I DRI DR [~ DR DR DR DF~ i~~ GR DR DR DR A~`SID 10~ GR A.Y~IG D~' 1/8 Mile Aerial Photograph (2002) http:// 136.174.187.13/htbin/cgi-click?o=1 &a=1 &b=1 &c=1 &r=.16&s=4&t3=1 &u=0&p=... 11 /26/2007 ~r~ ~. .. a ~ Pinellas County Property Ap~ser Information: 08 29 15 43454 000 Pinellas Count Pro er A raiser a Y P tY AP ,~ . Parcel Information , ~' ~`~'~~"'r. Page 5 of 5 ~~a ,~A http://136.174.187.13/htbin/cgi-click?o=1 &a=1 &b=1 &c=1 &r=.16&s=4&t3=1 &u=0&p=... 11 /26/2007 a~ ~ F~iellas County Property App~er Information: 08 29 15 43454 000 0~ Page 2 of 5 0 I ~9 115 / 4454 ~ 00~ 100~~ 26-Hoy-2007 Jim Smith, CFA Pinellas County Property Appraiser 17:28:14 Ownership Information CondolPud Property Address, Use, and Sales CLEARWATER TOWNHOMES INC OBK: 12609 OPG: 0375 161 BRIGHTWATER DR #10 CLEARWATER FL 33767 EVAC: A EUAC Comparable sales value as Prop Addr: 161 BRIGHTWATER DR 7 of Jan 1, 2007, based on Census Tract: .0 0 sales from 2005 - 2006: 785,904 Sale Date OR Baok/P age Price {Qua11UnQ} Vac{Imp Plat Information 0 10 0! 0 0 { } 2003: Book 127 Pgs 046-047 0 /O 0} 0 0 { } 0000: Book Pgs - 0 /0 OJ 0 0 { } 0000: Book Pgs - 0 10 0! 0 0 { } 2007 Value EXEMPTIONS JustlMarket: 668,000 Homestead: HO Ownership ~ .000 Govt Exem: HO Use ~: .000 AssessedlCap: 66$,000 Institutional Exem: HO Tax Exemp t ~: .000 Historic Exem: 0 Taxable: 668,000 Agricultural: 0 2007 Tax Information District: CW Seawall: Frontage: Clearwater View: Intrac F 07 Tax: 13,317.98 Land Size Unit Land Land Land Front x Depth Price U nits Meth 07 Millage: 19.9371 S} 0 x 0 .00 .00 07 Spec Asmt: . dd 2} 0 x o . oo . 00 3} 0 x 0 .00 .00 LJithout the Save-Our-Homes 4} 0 x d .00 .00 cap, 2007 taxes will be 5} 0 x 0 .00 .00 13, 317. 98 6} 0 x 0 . 00 . 00 l.Jithout any exemptions, 2007 taxes will be : 13, 317.98 Short Legal ISLAND TOWNHOMES LOT 7 Description {CW PLAT 127 PG'S 46 & 47) Building Information .~ / C DAD ~v http://136.174.187.13/htbin/cgi-click?o=1 &a=1 &b=1 &c=1 &r=.16&s=4&t3=1 &u=0&p=... 11/26/2007 s Pinellas County Property App~er Information: 08 29 15 43454 000 0~ 0~ 1 ~ / 15 1 4~~54 ~ 000 ~ 000 Page 3 of 5 ?6-Nov-?aa7 Jim Smith, CFR Pinellas County Property Appraiser 17:?8:14 General Information Property Use: ?33 Yr Blt: ?,006 Apt #; 7 Size: ?,?60 Floor: 01 R E~ R E AT I A N S I TE I]ATA View iww-full Building twnhse Swimming Pool Location inter BalconylPorch opn Marina ~s tondo! F1ann~cl Unite Extra F~artur Description Dimensions -Price Units Value RCD Year 1} .Oa a 0 0 0 z} . oa o 0 0 0 s} . 00 0 0 0 0 a} . as a o a o ~} . oa a o 0 0 ~} . 00 0 0 0 0 TOTAL RECORD VALUE: 0 Map With Property Address (non-vacant) ®~~® http://136.174.187.13/htbin/cgi-click?o=1 &a=1 &b=1 &c=1 &r=.16&s=4&t3=1 &u=0&p=... 11/26/2007 Pinellas County Property App~er Information: 08 29 15 43454 000 0~ ~ ~ .- lit-F~ ~ , 3~~~~* , ~~~~~ Page 4 of 5 ;~_ Efi~ I~k7 I;~u ~~.~-, ~~,w r` YSI^ ~`~ ~~.~~ %{YSIOE ~ BA. C~RDE ~~ DRD .A ~~ .~~I~ Dot-; D~ Y~I D , ~ DR DR DR ~R ~. DRS ICE ~ ~ dRD 1/8 Mile Aerial Photograph (2002) http://136.174.187.13/htbin/cgi-click?o=1 &a=1 &b=1 &c=1 &r=.16&s=4&t3=1 &u=0&p=... 11/26/2007 0~~~ ~ ~~~~ ~~~5~~ ~~t~Jb.~~ Pinellas County Property Aper Information: 08 29 15 43454 000 0~ ~~, .. Page 5 of 5 F ,~.~ ~~ ^! ~~' ~' • • Pinellas County Property Appraiser ~- Parcel Information ~ '~ ° ~ ~_~ ~ .~ http:// 136.174.187.13/htbin/cgi-click?o=1 &a=1 &b=1 &c=1 &r=.16&s=4&t3=1 &u=0&p=... 11 /26/2007 ,. Pinellas County Property Ap~ser Information: 08 29 15 43454 000 ~ Page 2 of 5 08 129 ~ 15 / 43454 / 000 / 0080 26-Hou-2007 Jim Smith, CFA Pinellas County Property Appraiser 17:28:38 Ownership Information CondoJPud Property Address, Use, and Sales CLEARWATER TOWHHOMES IHC OBK: 12609 OPG: 0375 161 BRIGHTWATER DR #10 CLEARWATER FL 33767 EVAC: A EVAC Comparable sales value as Prop Rddr: 161 BRIGHTWATER DR 8 of Jan 1, 2007, based on Census Tract: .0 0 sales from 2005 - 2006: 785,900 Sale Date OR Book/Page Price {QuallUnQ} VaclImp Plat Information 0 10 OJ 0 0 { ) 2003: Book 127 Pgs 046-047 0 10 OJ 0 0 { } 0000: Book Pgs - 0 /0 OJ 0 0 { } 0000: Book Pgs - 0 /0 OJ 0 0 { } 2007 Value EXEMPTIONS Just/Market: 668,000 Homestead: HD Ownership ~ .000 Govt Exem: NO Use ~: .000 Assessed/Cap: 668,000 Institutional Exem: NO Tax Exemp t ~: .000 Historic Exem: 0 Taxable: 668,000 Agricultural: 0 2007 Tax Information District: CW Seawall: Frontage: Clearwater View: Intrac F 07 Tax: 13,317.98 Land Size Unit Land Land Land Front x Depth Price U nits Meth 07 Millage: 19.9371 1) 0 x 0 . 00 .00 07 Spec Rsmt: .00 23 0 x 0 .00 .00 3) 0 x 0 .00 .00 Without the Save-Our-Homes 4} 0 x 0 .00 .00 cap, 2007 taxes will be 5) 0 x 0 .00 .00 13, 317.98 6} 0 x 0 . 00 . 00 Without any exemptions, 2007 taxes will be : 13, 317.98 Short Legal ISLAND TOWHHOMES LOT 8 Description {CW PLAT 127 PG'S 46 & 47} Building Information ~D 'il ~v ~~~ http://136.174.187.13/htbin/cgi-click?o=1 &a=1 &b=1 &c=1 &r=.16&s=4&t3=1 &u=0&p=... 11/26/2007 ~'inellas County Property Ap~ser Information: 08 29 15 43454 000 ~0 ~~ ~ ~~J ~ ~~~~J~ / ~~~ I ~~~~ Page 3 of 5 ?6-Hov-?007 Jim Smith, CFA Pinellas County Property Appraiser 17:?8:38 General Information Property Use; ?33 Yr Blt; ?,006 Apt #; g Size; 2,?60 Floor: 01 RE C RE AT I C N SITE I]ATA View iww-full Building twnhse Swimming Pool Location inter Balcony}Porch opn Marina ss Condo! P1~nn~c1 Unite Extra Fsatur Description Dimensions Price Units Value RCD Year 1) .00 0 0 0 0 2) . 00 0 0 0 0 3) .00 0 0 0 0 4} .00 0 0 0 0 5) .00 0 0 0 0 f} .00 0 0 0 0 TOTAL RECORD VALUE: 0 Map With Property Address (non-vacant) ®®® http:// 136.174.187.13/htbin/cgi-click?o=1 &a=1 &b=1 &c=1 &r=.16&s=4&t3=1 &u=0&p=... 11 /26/2007 Pinellas County Property Ap~ser Information: 08 29 15 43454 000 (~;0 Page 4 of 5 I ~ I ~ I~ v~ ~~ a~ur~ 1/8 Mile Aerial Photograph (2002) http://136.174.187.13/htbin/cgi-click?o=1 &a=1 &b=1 &c=1 &r=.16&s=4&t3=1 &u=0&p=... 11 /26/2007 ~4~~ ~ ~~~~80~ ~~4~4~ ~~4~~ ~-J I'~inellas County Property Apser Information: 08 29 15 43454 000 ~0 Pinellas Count Pro ert A raiser ~ ~~~~~ ~~ Y P Y PP ~~ Parcel Information ~'~ - ~~ Page 5 of 5 http://136.174.187.13/htbin/cgi-click?o=1 &a=1 &b=1 &c=1 &r=.16&s=4&t3=1 &u=0&p=... 11/26/2007 F~inellas County Property Ap~er Information: 08 29 15 43454 000 0~ Page 2 of 5 ?6-Nov-?007 Jim Smith, CFR Pinellas County Property Appraiser 17:?9:1? Ownership Information CondoJPud Property Address, Use, and Sales CLEARWATER TOWNHOMES INC OBK: i?609 OPG: 0375 161 BRIGHTWATER DR #10 CLEARWATER FL 33767 EVAC: A EVAC Comparable sales value as Prop Addr: 161 BRIGHTWATER DR 9 of Jan 1, 2007, based on Census Tract: .0 0 sales from 2005 - 200b: 785,900 Sale Date OR BooklP age Price {Qual/UnQ) VacJImp Plat Information 0 10 0I 0 0 { } ?003: Book i?7 Pgs 046-047 D 10 0{ 0 0 { } 0000: Book Pgs - 0 1D Of 0 0 { } 0000: Book Pgs - 0 10 0} 0 0 { } 2007 Value EXEMPTIONS Just/Market: 668,000 Homestead: NO Ownership ~ .000 Govt Exem: NO Use ~: .ODO AssessedlCap: 668,000 Institutional Exem: NO Tax Exemp t ~: .000 Historic Exem: 0 Taxable: 668,000 Agricultural: 0 2007 Tax Information District: CW Seawall: Frontage: Clearwater View: Intrac F 07 Tax: 13,317.98 Land Size Unit Land Land Land Front x Depth Price U nits Meth 07 Millage: 19.9371 1} 0 x 0 .00 .00 07 Spec Asmt: .00 2} 0 x 0 .00 .00 3) 0 x 0 .00 .00 Without the Save-Our-Homes 4} 0 x 0 .00 .00 cap, 2007 taxes will be : 5) 0 x 0 .DO .00 13, 317. 98 6) 0 x 0 . 00 . 00 Without any exemptions, 2007 taxes will be : 13, 317. 98 Short Legal ISLAND TOWNHOMES LOT 9 Description {CW PLAT i?7 PG'S 46 & 47) Building Information http://136.174.187.13/htbin/cgi-click?o=1 &a=1 &b=1 &c=1 &r=.16&s=4&t3=1 &u=0&p=... 11 /26/2007 ' Pinellas County Property Ap~er Information: 08 29 15 43454 000 a~ ~ ~~ ~ ~~ ~ 4~~~~ ~ oao ~ aa~a Page 3 of 5 26-Nov-2007 Jim Smith, CFR Pinellas County Property Appraiser 17:29:12 General Information Property Use: 233 Yr Blt: 2,006 Rpt #: 9 Size: 2,260 Floor: 01 R E C RE A T I U N SITE l]ATA View iww-full Building twnhse Swimming Pool Location inter Balcony/Parch opn Marina ~s Condo~Plann~d Unit Extra F~atur Description Dimensions Price Units Value RCD Year 1} . 00 0 0 0 0 z} . 00 0 o a o 3} .00 0 0 0 0 a} . oo a o o a 5} .00 0 0 0 0 6} .00 0 0 0 0 TOTAL RECORD VALUE: 0 Map With Property Address (non-vacant) ®~® http://136.174.187.13/htbin/cgi-click?o=1 &a=1 &b=1 &c=1 &r=.16&s=4&t3=1 &u=0&p=... 11/26/2007 t Pinellas County Property Ap~er Information: 08 29 15 43454 000 Page 4 of 5 .~~, `~,.- 1 1 I I ~ ~ 1 ~ l~Y~~uY©i 1/8 Mile Aerial Photograph (2002) http://136.174.187.13/htbin/cgi-click?o=1 &a=1 &b=1 &c=1 &r=.16&s=4&t3=1 &u=0&p=... 11 /26/2007 ~°~~ ~ ~6~~~~~ ~~4~~ ~~ ~~.~~ Pinellas County Property Ap~er Information: 08 29 15 43454 000 ~ Page 5 of 5 Pinellas County Property Appraiser Parcel Information http://136.174.187.13/htbin/cgi-click?o=1 &a=1 &b=1 &c=1 &r=.16&s=4&t3=1 &u=0&p=... 11 /26/2007 Pinellas County Property Ap~er Information: 08 29 15 43454 000 0~ Page 2 of 5 OS / 20 115 143454 / 000 / 0100 26-Nov-2007 Jim Smith, CFR Pinellas County Property Appraiser 17:29:30 Ownership Information Condo/Pud Property Address, Use, and Sales CLEARWATER TOWHHOMES IHC OBK: 12609 OPG: 0375 161 BRIGHTWARE DR #10 CLEARWATER FL 33767 EVAC: A EUAC Comparable sales value as Prop Addr: 161 BRIGHTWATER DR 10 of Jan 1, 2007, based on Census Tract: .0 0 sales from 2005 - 2006: 801,600 Sale Date OR BooklP age Price {Qual/UnQ} Vac/Imp Plat Information 0 /0 0/ 0 0 { 2003: Book 127 Pgs 046-047 0 IO 0/ 0 0 { ) 0000: Book Pgs - 0 /0 O/ 0 0 { } 0000: Book Pgs - 0 /0 0/ 0 0 { 3 2007 Value EXEMPTIONS Just/Market: 581,400 Homestead: HO Ownership ~ .000 Govt Exem: HO Use ~: .000 AssessedlCap: 581,400 Institutional Exem: HO Tax Exempt ~: .000 Historic Exem: 0 Taxable: 581,400 Agricultural: 0 2007 Tax Information District: CW Seawall: Frontage: Clearwater View: Intrac F 07 Tax: 13,585.14 Land Size Unit Land Land Land Front x Depth Price Units Meth 07 Millage: 19.9371 1} 0 x 0 .00 .00 07 Spec Asmt: .00 2} 0 x 0 .00 . 00 3} 0 x 0 . DO . 00 LJithout the Save-Our-Homes 4} 0 x 0 .00 .00 cap, 2007 taxes will be 5} 0 x 0 .00 .00 13, 585.14 6} 0 x 0 . 00 . 00 lJithout any exemptions, 2007 taxes will be : 13,585.14 Short Legal ISLAND TOWNHOMES LOT 10 Description {CW PLAT 127 PG'S 45 & 47} Building Information http://136.174.187.13/htbin/cgi-click?o=1 &a=1 &b=1 &c=1 &r=.16&s=4&t3=1 &u=0&p=... 11 /26/2007 Pinellas County Property App~er Information: 08 29 15 43454 000 0~ 0~ / 29 / 15 / 4454 1000 ~ 0100 Page 3 of 5 26-Nov-2007 Jim Smith, CFA Pinellas County Property Appraiser 17:29:30 General Information Property Use: 233 Yr Blt: 2,006 Apt #; i0 Size: 2,260 Floor: 01 RE CRE AT I UN SITE DATA View iww-full Building twnhse Swimming Pool Location corner BalconylPorch opn Marina ~s Condof P1ann~cl Unit Extra F~atur Description Dimensions Price Units Value RCD Year 1} .40 0 0 0 0 2} .00 0 0 0 0 3} .00 0 0 0 0 q} .00 0 0 0 0 5} .00 0 0 0 0 ~} .00 0 0 0 0 TOTAL RECORD VALUE: 0 Map With Property Address (non-vacant) ®~®~~ http://136.174.187.13/htbin/cgi-click?o=1 &a=1 &b=1 &c=1 &r=.16&s=4&t3=1 &u=0&p=... 11 /26/2007 - Pinellas County Property Ap~er Information: 08 29 15 43454 000 ~ ~ ~~ _ ~J ~E ~ ['] [p]~ r ~~~~~ .r .J'`.- Page 4 of 5 3~~1 ~f /~ ~~'riG 1/8 Mile Aerial Photograph (2002) http://136.174.187.13/htbin/cgi-click?o=1 &a=1 &b=1 &c=1 &r=.16&s=4&t3=1 &u=0&p=... 11 /26/2007 Pinellas County Property Aper Information: 08 29 15 43454 000 ~0 Page 5 of 5 Pinellas County Property Appraiser Parcel Information http://136.174.187.13/htbin/cgi-click?o=1 &a=1 &b=1 &c=1 &r=.16&s=4&t3=1 &u=0&p=... 11/26/2007 • Wells, Wayne From: Dougall-Sides, Leslie Sent: Wednesday, January 02, 2008 4:29 PM To: LaCosse, Judith; Diana, Sue Cc: Delk, Michael; Clayton, Gina; Wells, Wayne; 'ggrimes@hwhlaw.com'; Hollander, Gwen Subject: A00-00040 : RE: Appeals from December CDB Action IbINumAttach: 0 MessageGUID: {8F40EC11-A069-4E3C-A070-7A2C626835EE} OriginalDate: None Originator: SQL Style: Community Development Board -General Miscellaneous Thanks. The appeal appears to be timely per Rule of Construction 8-101 M. Gwen, please prepare a cover letter forwarding the case to DOAH for my signature and see me re obtaining copies of the enclosures/record. Leslie K. Dougall-Sides Assistant City Attorney City of Clearwater P.O. Box 4748 Clearwater, Florida 33758 (727) 562-4010 phone (727) 562-4021 fax Board Certified in City, County and Local Government Law Admitted in Florida, Oregon, and the District of Columbia Senior Professional in Human Resources -----Original Message----- From: LaCosse, Judith Sent: Wednesday, January 02, 2008 3:29 PM To: Diana, Sue Ce: Dougall-Sides, Leslie; Official Records and Legislative Services Subject: RE: Appeals from December CDB Action Sue, We received and appeal payment of $500.00 for case number FLD2007-11037 today from Endeavor of Clearwater, LLC. I made a copy of the paperwork and I will give to Leslie Dougall-Sides. Jatdith I_:rzCosse Staff AsslStaltt Official Records £~ Z.eRislatiz~e Set~z~ices City of Clearzc~rzter Phone: 727-562-093 -----Original Message----- From: Diana, Sue Sent: Wednesday, January 02, 2008 3:18 PM To: Official Records and Legislative Services Subject: FW: Appeals from December CDB Action Importance: High FYI -----Original Message----- From: Dougall-Sides, Leslie Sent: Wednesday, January 02, 2008 3:16 PM To: Diana, Sue Subject: Appeals from December CDB Action Sue, if ORLS receives any appeal paperwork from the December CDB agenda, please get me a copy asap. Thanks! Leslie Message ~ ~ Page 1 of 1 Wells, Wayne From: Gina L. Canopari [ginac@jpfirm.com] Sent: Friday, December 14, 2007 4:37 PM To: Wells, Wayne Subject: RE: 161 Brightwater Dr. FYI, I spoke with Mrs. Bundy, but she indicated she was still going to call and email you as well. Thanks. Gina L. Canopari, CLA Certified Paralegal Johnson, Pope, Bokor, Ruppel & Burns, LLP 911 Chestnut Street Clearwater, FL 33756 727-461-1818 727-462-0365 Fax -----Original Message----- From: Wayne.Wells@myClearwater.com [mailto:Wayne.Wells@myClearwater.com] Sent: Friday, December 14, 2007 4:30 PM To: esmeltz4@tampabay.rr.com Cc: michael.delk@MyClearwater.com; Gina.Clayton@myClearwater.com; neil.thompson@MyClearwater.com; Sherry.Watkins@myClearwater.com; Gina L. Canopari Subject: RE: 161 Brightwater Dr. Thank you for your request. I will forward this request to continue the public hearing until the January 15th CDB agenda and revise the CDB agenda accordingly to show this as a request for continuance. -----Original Message----- From: ed [mailto:esmeltz4@tampabay.rr.com] Sent: Friday, December 14, 2007 3:59 PM To: Wells, Wayne Cc: rjsk1234@aol.com; afisher@bakerlaw.com Subject: 161 Brightwater Dr. Wayne, Upon review of staffs report, we would tike to table the application until the Jan. 15th , 2008 CDB meeting. This will enable us to work with the remaining two unit owners as well as investigate other options. Please advise as to any other information you need to place us on the agenda. Thank you ...Ron Augustine 12/14/2007 • • CDB Meeting Date Case Number: Agenda Item: Owners: December 18, 2007 FLD2007-11037 E1 oR,cord,a~. Applicant: Representative Address: Clearwater Townhomes Inc. William and Sharon Templeman, Jr. and Kathleen Hernandez (owners of Units 1, 2, 3, 6, 7, 8, 9 and 10) Clearwater Townhomes, Inc. Ron Augustine and Ed Smeltz 161 Brightwater Drive CITY OF CLEARWATER PLANNING DEPARTMENT STAFF REPORT GENERAL INFORMATION: REQUEST: Flexible Development approval (1) to permit a Mixed Use (two attached dwellings and eight overnight accommodations [timeshares]) in the Tourist District where 10 attached dwellings (townhomes) were previously approved and constructed under FLD2002-11042, as a Comprehensive Infill Redevelopment Project, under the provisions of Section 2-803.C; and (2) Termination of Status of Nonconformity to permit parking for overnight accommodations (timeshares) that are designed to back into the public right-of--way (previously approved as attached dwellings [townhomes]), under the provisions of Section 6-109. CURRENT ZONING: Tourist (T) District CURRENT FUTURE LAND Resort Facilities High (RFH) USE CATEGORY: PROPERTY USE: Existing Use: Attached dwellings (10 townhomes) Proposed Use: Mixed Use (two attached dwellings and eight overnight accommodation [timeshares/interval ownership]) EXISTING North: Tourist (T) District Vacant SURROUNDING ZONING South: Preservation (P) District Water AND USES: East: Tourist (T) District Attached dwellings West: Tourist (T) District Attached dwellings ANALYSIS: Site Location and Existing Conditions: The 0.478 overall acres is located on the south side of Brightwater Drive, approximately 800 feet east of Hamden Drive. On January 21, 2003, the Community Development Board (CDB) approved Case Nos. FLD2002-11042/PLT2002-11005, with six conditions of approval, permitting the redevelopment of this site with 10 townhomes with parking for each unit designed to back into the public right-of--way, replacing the existing overnight accommodation uses. On April 20, 2004, the CDB approved Case FLD2003-11058, with eight conditions of approval, permitting the construction of docks with 10 slips for the townhomes. On December 20, 2005, the CDB approved Case Nos. FLD2005-09095/PLT2005- Community Development Board -December 18, 2007 FLD2007-11037 -Page 1 of 9 • • 00026, with three conditions for (1) Flexible Development approval to permit the addition of a pool and (2) Preliminary Plat approval revising the previously recorded plat to provide for the proposed pool. The townhomes were constructed under Building Permits #BCP2003-05509, -05512, -05513, -05514, - 05516, -05517, -05518, -05519, -05520 and -05521. The pool was constructed under BCP2005-06806. The City signoff on the County permit to construct the docks was issued under MIS2004-04031. On October 4, 2007, the Development Review Committee reviewed Case No. FLS2007-09044 for Flexible Standard Development approval to permit overnight accommodations (timeshares) in existing Units 6, 7, 8, 9 and 10 where 10 attached dwellings (townhomes) were previously approved and constructed. Since the application created a Mixed Use of the property, which is a use not listed in the Tourist District and requires a Leve12 approval, and the issue of parking designed to back into the public right-of--way for overnight accommodations is not permitted, this application could not be approved as submitted and was denied. The applicant has submitted this application in response to the denial of FLS2007-09044. The property to the direct north across Brightwater Drive formerly was developed with overnight accommodation uses, but those uses have been demolished and the land is now vacant. The property to the east is presently developed with attached dwellings in two-story buildings, with a parking lot adjacent to the subject property.. The property to the west at 145 Brightwater Drive has been redeveloped with nine attached dwellings (townhomes). Development Proposal: The development proposal is to permit Mixed Use (two attached dwellings and eight overnight accommodations [timeshare/interval ownership]) in the Tourist District where 10 attached dwellings (townhomes) were previously approved and constructed under FLD2002-11042. As stated above, this property has been developed with 10 townhomes. The property is located within the Small Motel District of Beach by Design, where mid-rise townhouses and timeshares between 2 - 4 stories above parking are contemplated. Mixed Use is not a use listed in the Tourist District and, to permit such, requires processing the request as a Level 2 application for Comprehensive Infill Redevelopment Project. From a use standpoint, timeshares/interval ownership is appropriate on Brightwater Drive. At least four of the existing townhomes were sold to individuals prior to recent changes to real estate market conditions. As real estate markets have diminished or slowed for the sale of townhomes, the applicant is seeking to sell units in this building in an alternative way as timeshares/interval ownership. Staff's primary concern with this application is one of fairness to the individual owners in this building that doesn't agree with this alternative use, as it will affect their investment in the property and the use expectations of the property. In this case, two individual owners have joined in on the application (William and Sharon Templeman, Jr. and Kathleen Hernandez), knowing and/or accepting the proposed use change, while two others have not (Chung Chen and David and Nancy Bundy). If all unit owners in this building were in agreement with the change in use and joined in as part of the request, Staff would not have this concern. As owners of units attached to one another in a building, certain common expectations of ownership and use are anticipated when considering and actually buying a unit in a particular development. Such expectations include getting to know your neighbors, especially in homeowners association meetings, and when using common facilities such as the swimming pool on the east side of the development. The proposal is inconsistent with the Comprehensive Infill Redevelopment Project criteria that it will "not substantially alter the essential use characteristics of the neighborhood", with the neighborhood in this context being the overall development project of 10 units. The proposal is also inconsistent with the General Applicability criteria requiring "harmony with the...character of adjacent properties", "hinder or discourage development and use of adjacent land and buildings" and "consistent with the community character of the immediate vicinity", again relating in this context to the Community Development Board -December 18, 2007 FLD2007-11037 -Page 2 of 9 • • overall development project of 10 units. The configuration of parking as constructed where vehicles must back into the right-of--way and the request for Termination of Status of Nonconformity may be acceptable if the change in use is acceptable. Those units to be used as timeshares/interval ownership will be required to have strobe lights in each sleeping room, as well as a fire alarm system that meets a 75db sound level in each sleeping room, to meet Fire Code requirements. Any approval of the request should include a condition that permits to comply with such requirements be submitted to the City within 30 days of CDB approval. Additionally, the current multi-use dock approval includes the following condition of approval (FLD2003-11058): "That boats moored at these docks be for the exclusive use by residents of the 161 Brightwater Drive Townhomes and that there be no commercial activities at the docks (bait sales, vending, etc.)." A subsequent Level 2 application will be necessary to change the type of use for at least eight of the accessory docks from amulti-use dock (for attached dwellings) to a commercial dock (for overnight accommodations [timeshare/interval ownership]). Densi :Pursuant to Section 2-801.1 of the Community Development Code, the maximum allowable density for properties with a designation of Resort Facilities High is 30 dwelling units per acre or 50 overnight accommodation units per acre. As such, the maximum development potential of the overall parcel (all lots) is 14 dwelling units or 23 overnight accommodation units. The property was developed with 10 attached dwelling units. As a Mixed Use of two attached dwelling units and eight overnight accommodation units, the proposal is less than the maximum density permitted and is therefore consistent with the Countywide Future Land Use Plan. Impervious Surface Ratio (I.S.R.): Pursuant to Section 2-801.1 of the Community Development Code, the maximum allowable I.S.R. is 0.95. The developed I.S.R. is 0.73, which is consistent with the Code provisions. Minimum Lot Area: Pursuant to Table 2-803 of the Community Development Code (to be used as a guide, since Mixed Use is not a use listed in the Tourist District), the minimum lot area for attached dwellings ranges between 5,000 - 10,000 square feet and for overnight accommodations ranges between 10,000 - 20,000 square feet. The existing lot area for this overall property (all lots) is 20,847 square feet, which exceeds Code provisions. Minimum Lot Width: Pursuant to Table 2-803 of the Community Development Code (to be used as a guide, since Mixed Use is not a use listed in the Tourist District), the minimum lot width for attached dwellings ranges between 50 - 100 feet and for overnight accommodations ranges between 100 - 150 feet. The site has 180 overall feet of frontage along Brightwater Drive. The existing lot width for this overall property (all lots) exceeds Code provisions. Minimum Setbacks: Pursuant to Table 2-803 of the Community Development Code (to be used as a guide, since Mixed Use is not a use listed in the Tourist District), the minimum front setback for attached dwellings and overnight accommodations is 0 - 15 feet, the minimum side setback for attached dwellings and overnight accommodations is 0 - 10 feet and the minimum rear setback for attached dwellings is 10 - 20 feet and for overnight accommodations is 0 - 20 feet. The existing setbacks, constructed for the townhomes, are 20 feet front (to existing building), side (east) of 4.5 feet (to existing building), six feet (to existing pavement) and 10 feet (to existing pool deck), side (west) of 4.8 feet (to existing building) and six feet (to existing pavement) and rear of 18 feet (to existing building) and zero feet (to boardwalk and pool deck). These existing setbacks are not proposed to change with this application. Community Development Board -December 18, 2007 FLD2007-11037 -Page 3 of 9 • • Maximum Building Height: Pursuant to Table 2-803 of the Community Development Code (to be used as a guide, since Mixed Use is not a use listed in the Tourist District), the maximum allowable height for attached dwellings and overnight accommodations can range between 35 - 100 feet. The site is located in the Small Motel District of Beach by Design, which restricts height to a maximum of four stories over ground-level parking. The existing building was constructed at a height of 25 feet, less than minimum Code requirements. Minimum Off-Street Parkin: When these townhomes were reviewed and approved, the Code required amount of parking was 1.5 spaces per unit. The townhomes were developed with a front setback of 20 feet from the front property line to the building, which allowed sufficient distance to park a vehicle in the driveway in front of the garage, as' well as at least one vehicle in the garage, in a stacked arrangement, complying with the minimum number of parking spaces per unit. Included in the approval of Case Nos. FLD2002-11042/PLT2002-11005 was parking for each unit designed to back into the public right-of- way. Staff at the time of this application looked at townhomes as being similar in characteristics (backing into the right-of--way) as detached dwellings, where the Code specifically permits such design of parking. Such allowance for townhomes was reviewed on a case-by-case basis depending on the location in the community. The redevelopment trend for Brightwater Drive was residential and Brightwater Drive is a dead-end cul-de-sac. This proposal is to change eight of the ten units to overnight accommodations (timeshares/interval ownership), where the minimum parking requirement for overnight accommodations is one parking space per unit. The Code only permits parking designed to back into the public right-of--way for detached dwellings (and for the townhomes under the approvals for FLD2002-11042/PLT2002-11005). The townhomes were constructed with the parking configuration approved, allowing back out parking, and this configuration cannot be changed. Recent Code rulings from the City Attorney's office prevent changes to Code requirements in Article 3 unless the Code sets out such ability to request a change through a process. There is no such process for allowing stacked parking or back out parking except for detached dwellings. As such, the existing parking for the townhomes can be considered nonconforming. The applicant is requesting a Termination of Status of Nonconformity to allow the existing built condition of back out parking to remain and be allowed for the overnight accommodation use in these units (see additional discussion under Termination of Status of Nonconformity below). Termination of Status of Nonconformity: The development proposal includes a request for termination of status of nonconformity to permit parking for overnight accommodations (timeshares/interval ownership) that are designed to back into the public right-of--way (previously approved as attached dwellings [townhomes]). The criteria for termination of status of nonconformity, as per Section 6-109 of the Community Development Code and outlined in the table below, including compliance with perimeter buffer requirements, the provision of required landscaping for off-street parking lots and bringing nonconforming signs, lighting and accessory uses/structures into compliance with the Code will be met with this development proposal. Community Development Board -December 18, 2007 FLD2007-11037 -Page 4 of 9 r~ Consistent I Inconsistent 1. Perimeter buffers conforming to the requirements of Section 3-1202.D of the X Community Development Code shall be installed. 2. Off-street parking lots shall be improved to meet the landscaping standards established X in Section 3-1202.E of the Community Development Code. 3. Any nonconforming sign, outdoor lighting or other accessory structure or accessory X use located on the lot shall be terminated, removed or brought into conformity with this development code. 4. The comprehensive landscaping and comprehensive sign programs may be used to X satisfy the reauirements of this section. In the Tourist District there are no required perimeter buffers and all landscaping required as part of Case Nos. FLD2002-11042/PLT2002-11005 and their building permits was installed properly. There are no existing/remaining nonconforming signs, lighting or accessory uses/structures, as these were brought into compliance with Code provisions with the redevelopment of the property into townhomes. The applicant merely desires to maintain the parking pattern established on the site when it was redeveloped with townhomes for the new use of overnight accommodations (timeshare/interval ownership). Mechanical Equipment: Pursuant to Section 3-201.D.1 of the Community Development Code, all outside mechanical equipment shall be screened so as not to be visible from public streets and/or abutting properties. Existing air conditioning units are located above the FEMA base flood elevation on the roof of each unit, which are screened by parapet walls of the building. As such, the development proposal is consistent with the Code with regard to screening of outdoor mechanical equipment. Utilities: Pursuant to Section 3-911 of the Community Development Code, for development that does not involve a subdivision, all utilities including individual distribution lines shall be installed underground unless such undergrounding is not practicable. All on-site utilities are located underground in conformance with this Code requirement. Landscaping: When developed as townhomes, all required landscaping was installed in accordance with plans approved by the City. There are no changes proposed with this request. Solid Waste: When developed as townhomes, each unit utilizes black barrels for the disposal of solid waste, which are stored inside the individual garages, and are placed curbside by unit owners or the management company on trash collection days. There are no changes proposed with this request. Signa~e: There are no existing signs (freestanding or attached) for this existing development and there are no proposed signs under this proposal. Code Enforcement Analysis: There are no outstanding Code Enforcement issues associated with the subject property. Community Development Board -December 18, 2007 FLD2007-11037 -Page 5 of 9 COMPLIANCE WITH STANDARDS AND CRITERIA: The following table depicts the consistency of the development proposal with the standards and criteria as per Section 2-801.1 and Table 2-803 of the Community Development Code: Standard Pro osed Consistent Inconsistent Density 30 dwelling units per acre (14 units); Eight overnight X~ 50 overnight accommodation units per accommodation units and two acre (23 units) dwelling units I.S.R. 0.95 0.73 X Lot Area Attached dwellings: 5,000-10,000 sq. ft. 20,847 square feet X minimum; Overnight accommodations: 10,000-20,000 sq. ft. minimum Lot Width Attached dwellings: 50-100 ft. 180 feet X minimum; Overnight accommodations: 100-150 ft. minimum Setbacks Front: Zero-15 feet North: 20 feet (to existing X buildin Rear: Attached dwellings: 10-20 ft; South: 18 feet (to existing X Overnight accommodations: building); zero feet 0-20 ft. (to existing boardwal and ool deck Side: 0-10 feet East: 4.5 feet (to existing X building); six feet (to existing pavement); 10 feet (to existing ool deck West: 4.8 feet (to existing X building); six feet (to existing pavement) Height 35-100 feet maximum 25 feet X Off-Street Attached dwellings: two spaces/unit; Two parking spaces per unit X~ Parking Overnight accommodations: one s ace/unit ~ See Analysis for discussion of consistency/inconsistency. Community Development Board -December 18, 2007 FLD2007-11037 -Page 6 of 9 • • COMPLIANCE WITH FLEXIBILITY CRITERIA: The following table depicts the consistency of the development proposal with the Flexibility criteria as per Section 2-803.C of the Community Development Code (Comprehensive Infill Redevelopment Project): Consistent Inconsistent 1. The development or redevelopment is otherwise impractical without deviations from X' the use and/or development standards set forth in this zoning district. 2. The development or redevelopment will be consistent with the goals and policies of X the Comprehensive Plan, as well as with the general purpose, intent and basic planning objectives of this Code, and with the intent and purpose of this zoning district. 3. The development or redevelopment will not impede the normal and orderly X development and improvement of surrounding properties. 4. Adjoining properties will not suffer substantial detriment as a result of the proposed X development 5. The proposed use shall otherwise be permitted by the underlying future land use category, be compatible with adjacent land uses, will not substantially alter the essential use characteristics of the neighborhood; and shall demonstrate compliance with one or more of the following objectives: a. The proposed use is permitted in this zoning district as a minimum standard, flexible standard or flexible development use; b. The proposed use would be a significant economic contributor to the City's economic base by diversifying the local economy or by creating jobs; c. The development proposal accommodates the expansion or redevelopment of an existing economic contributor; d. The proposed use provides for the provision of affordable housing; e. The proposed use provides for development or redevelopment in an area that is characterized by other similar development and where a land use plan amendment and rezoning would result in a spot land use or zoning designation; or f. The proposed use provides for the development of a new and/or preservation of a working waterfront use. 6. Flexibility with regard to use, lot width, required setbacks, height and off-street X parking are justified based on demonstrated compliance with all of the following design objectives: a. The proposed development will not impede the normal and orderly development and improvement of the surrounding properties for uses permitted in this zoning district; b. The proposed development complies with applicable design guidelines adopted by the City; c. The design, scale and intensity of the proposed development supports the established or emerging character of an area; d. In order to form a cohesive, visually interesting and attractive appearance, the proposed development incorporates a substantial number of the following design elements: ^ Changes in horizontal building planes; ^ Use of architectural details such as columns, cornices, stringcourses, pilasters, porticos, balconies, railings, awnings, etc.; ^ Variety in materials, colors and textures; ^ Distinctive fenestration patterns; ^ Building stepbacks; and ^ Distinctive roofs forms. e. The proposed development provides for appropriate buffers, enhanced landscape desi and a ro riate distances between buildin s. ' See Analysis for discussion of consistency/inconsistency. X' Community Development Board -December 18, 2007 FLD2007-1.1037 -Page 7 of 9 • COMPLIANCE WITH GENERAL STANDARDS FOR LEVEL TWO APPROVALS: The following table depicts the consistency of the development proposal with the General Standards for Level Two Approvals as per Section 3-913 of the Community Development Code: Consistent 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. ~ See Analysis for discussion of consistency/inconsistency. SUMMARY AND RECOMMENDATION: The Development Review Committee (DRC) reviewed the application and supporting materials at its meeting of October 4, 2007, and deemed the development proposal to be sufficient to move forward to the Community Development Board (CDB), based upon the following findings of fact and conclusions of law: Findings of Fact: 1. That the 0.478 acres is located on the south side of Brightwater Drive, approximately 800 feet east of Hamden Drive; 2. That on January 21, 2003, the Community Development Board (CDB) approved Case Nos. FLD2002-11042/PLT2002-11005, with six conditions of approval, permitting the redevelopment of this site with 10 townhomes with parking for each unit designed to back into the public right-of--way, replacing the existing overnight accommodation uses; 3. That on April 20, 2004, the CDB approved Case FLD2003-11058, with eight conditions of approval, permitting the construction of docks with 10 slips for the townhomes; 4. That on December 20, 2005, the CDB approved Case Nos. FLD2005-09095/PLT2005-00026, with three conditions for (1) Flexible Development approval to permit the addition of a pool and (2) Preliminary Plat approval revising the previously recorded plat to provide for the proposed pool; 5. That the 10 townhomes were constructed on this overall property under Building Permits #BCP2003- 05509, -05512, -05513, -05514, -05516, -05517, -05518, -05519, -05520 and -05521; 6. That the property is zoned Tourist District and is located within the Small Motel District of Beach by Design, where mid-rise townhouses and timeshares between 2 - 4 stories above parking are contemplated; 7. That the development proposal is to permit Mixed Use (two attached dwellings and eight overnight accommodations [timeshare/interval ownership]) where 10 attached dwellings (townhomes) were previously approved and constructed under FLD2002-11042; 8. That Mixed Use is not a use listed in the Tourist District and, to permit such, requires processing the request as a Leve12 application for Comprehensive Infill Redevelopment Project; 9. That the development proposal complies with Code density limitations as a Mixed Use and provisions relating to building height, setbacks and landscaping still meet Code requirements; 10. That existing parking for the units, where it is designed to back into the public right-of--way, is nonconforming and is requested to remain in its constructed configuration and be permitted for the Community Development Board -December 18, 2007 FLD2007-11037 -Page 8 of 9 • • proposed overnight accommodation (timeshares/interval ownership) units through the Termination of Status of Nonconformity provisions; 11. That required number of parking spaces for the overnight accommodation (timeshares/interval ownership) units, as well as the attached dwellings (townhomes), will be met with this proposal; 12. That at least four of the existing townhomes were sold to individuals prior to recent changes to real estate market conditions; 13. That two individual owners have joined in on the application, knowing and/or accepting the proposed use change, while two others have not; 14. That the proposal is inconsistent with the Comprehensive Infill Redevelopment Project criteria that it will "not substantially alter the essential use characteristics of the neighborhood", with the neighborhood in this context being the overall development project of 10 units; 15. That the proposal is also inconsistent with the General Applicability criteria requiring "harmony with the...character of adjacent properties", "hinder or discourage development and use of adjacent land and buildings" and "consistent with the community character of the immediate vicinity", again relating in this context to the overall development project of 10 units; and 16. 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 Standards as per Section 2-801.1 and Table 2- 803 of the Community Development Code; 2. That the development proposal is inconsistent with the Flexibility criteria as per Section 2-803.C of the Community Development Code, specifically that it "not substantially alter the essential use characteristics of the neighborhood", with the neighborhood in this context being the overall development project of 10 units; 3. That the development proposal is inconsistent with the General Standards for Level Two Approvals as per Section 3-913 of the Community Development Code, specifically requiring "harmony with the...character of adjacent properties", "hinder or discourage development and use of adjacent land and buildings" and "consistent with the community character of the immediate vicinity", again relating in this context to the overall development project of 10 units; and 4. That the development proposal is consistent with the Termination of Status of Nonconformity criteria as per Section 6-109 of the Community Development Code. Based upon the above, the Planning Department recommends DENIAL of the Flexible Development application (1) to permit a Mixed Use (two attached dwellings and eight overnight accommodations [timeshares]) in the Tourist District where 10 attached dwellings (townhomes) were previously approved and constructed under FLD2002-11042, as a Comprehensive Infill Redevelopment Project, under the provisions of Section 2-803.C; and (2) Termination of Status of Nonconformity to permit parking for overnight accommodations (timeshares) that are designed to back into the public right-of--way (previously approved as attached dwellings [townhomes]), under the provisions of Section 6-109. Prepared by Planning Department Staff: Wayne .Wells, AICP, Planner III ATTACHMENTS: ^ Location Map ^ Aerial Map ^ Zoning Map ^ Existing Surrounding Uses Map ^ Photographs of Site and Vicinity S: (Planning DepnrunentlCD BIFLEX (FLD)IPending cased Up for the next CDBIBrightwater 161 Island Townhomes (T) 11.18.07 CDB - WWIBrightwater161 StaffReport.doc Community Development Board -December 18, 2007 FLD2007-11037 -Page 9 of 9 • • ~ Y '1 i 1 ~ // ~~ // ~~~ SAYMONT ST SgFF pW~ mm ¢ c5, ~~ 0 W m C 000 ~~NiA' POIM ~ ; PAPAYA ST y DORY ~~~E o ~ Yl < n < E y~ Tb A ~~ ~ O Causexa BM WMDN/ARD P SAGE SR FIRST 57 m ~ M ~ _CvON DR y~0 ,a~ THIRD PROJECT 3 0 o ~ S/TE ~~ 9y ~ ~GHT WATER DR ~ FIFTH 57 ~ flAYSIDE O~ ~ q4 C/ a9yR•AY s ~~ BLVD ~/ ~ G`<~/ y ~°r s A~ ss 0 a Location Map Owners: ClearwaterTownhomes, Inc., William & Case: FLD2007-1 1037 Sharon Templeman, Jr. 8~ Kathleen Hernandez Site: 161 Brightwater Drive Property Size~Acres): 0.478 08/29/ 15 /43454/000/0010 THRU PINS: 08/29/15/43454/000/0030; 08/29/ 15/43454/000/0060 THRU 08/29/ 15/43 454/000/0100 Atlas Page: 276A • • ~_ 't ~` .~. N . , ;_:.~~ 4 ~ - • ~s-~ ,` ~ -~, - '!rr r r •- '~••{ ~Y Y.. ~. ~ ~ ~ ~i`~~ Ir • $. ~ ~ ~ ~Ll~ j 4' i ~ J ri ~.: ;._L._ . `~..G t ,~~ i~ ~ ~ rsl / 1, _ ~- ,~ ~ _ ' i.' _ {{~ y ~ R ~ - ~, ,. ~,' '~ ' ~ , 1 ~ ~ as s ,~~ ~.~. ~ ~ - ~ ~~1'.~' ~L Ll: `~ ' , ~ / -~ ~ ~ .: .. ~~ - 1 ~ ~ - ~ K ' : g`r' .. ~'. , it t .e ~ . - ~{ry ~ 4 M ~ t ~,. ~ ~ r ~ .4 ~. ~ A_ r~ - „A - _ ~t - - ~.~. .s:`s / 3 ' ,, ' Aerial Map Owners: Clearwater Townhomes, Inc., William 8~ Case: FLD2007-1 1037 Sharon Templeman, Jr. 8~ Kathleen Hernandez site: 161 Brightwater Drive Property Size(Acres): 0.478 08/29/ 15/43454/000/0010 THRU PINS: 08/29/15/43454/000/0030; 08/29/ 15/43454/000/0060 THRU 08/29/15/43454/000/0100 Atlas Page: 276A • • -- _- 1 ~~ X309 I ~ ~ ~ /~ - J __ ~__ ~ - ~ ~ I~_I--~ 9754_ -~ ~ 6 X317 J- _ ~f ~ ~~ 5 +, ~" P - 1 132 1 ~YS 8 1 325 L 1 ~-''~6 3 . 1 7 J-~___fl 3A __ 1 ~ I 1 1 4 1 ^-1~ JZ-~ 330 4A -I -a I s _ 33a - __I -3a5z i ~ f i _,se __ 1o s~ _ - I --- - -- ---- '--- --- --- _ -- _ ~ ~ of ° N 1 '_^_/ ^ 2 4 5 8 g 2 4 ' 4 1 ~' 6 I ~ i 461 ~ I I ~ i ~ ~ - 43 I I I i 42 ; I 41 _J ~ f j 40 1 It 3Jt ; ;; .. x 3 6 BR~G y E 5 ~ SAT R p ` - R 3 al W ~''-~ 7 3 5 ~ __ ~ v ~i '~ -,=-=--J h ~ ~ ,^°o I ^ ~_! ^~ --~ ~o ~O qq a ~ j~ ~I ~_~ 1 -- 7 , `z ~ ~ 11 / 8_ 346 / !-~1 ~~ j 1 ~~ I ^ ~ ~ ~ ~ i~ a~ ~ j --~ ~ -^~ ~ j I ? P~I^ F~ 123 567 8 ~ I I 11 1 2 1 1 - l 1 I 1 1 1 I ~ -~~ J I T II I I I I ~ ~ 3 I4 __ i-V I g t ---_i 5 1 6 1 4 8 J I i 14 15 16 I ~ y / 2 ~ 11 g e l 10 ~ l__~ I 348/ 5 J " _- ~_~ -=m_/ gA --- r-- - /~II_ ~ 95g, p 10A p /12 406 9 -1 _Qj0 ~ _i 1 I' 1 I ~ ~_--t ~-~ o° ~ ~~_~ 1^J zi I 3 1 r-4-_ 5 !-~ 12 _ 13 S~~ 1 r17 ryg'- . _ ~ 10 11 t ~__ r r 1 1~8 - ~ 0 1 0 1 1 V 1 _--_ _-7 r ` Q _°- ^ J _ ^ I I~ ~ I-~ ~-1 I o I ~ Ir-!~ I „c~ I ~N II I I I o I! ~ I Jl `- 1-'y_ll 4_1~ ~ 1 a , I I I Iz2s- ~ I N I I ~ I J ~ I I ~ 1 c~ ~ ~J I ~- l M_ ~-'f`- I - l I I _ _ r -~ I_r J__ Q I__rfJ~ - I~ -._~I l___~ ' - `1 1\415 i ° ^ 1 - BAYS/DE DR o - ~ ZQ ~ 2 ~= - ~ r- ~Pf~ 1 3 1-.-~}` A ~ j ql ~ ~ ~^ t ^ I t 1-I ^ r'~_I = ,j ~ I -_11 ~ 2 I I i_ I ~ 1 ~ _ _` . ~ ----J i 4 IJ 1 I --_ ~ It ~-I ,_l-1 -I I I I I I j l I I ~ I I I I ~ I I 12 j 15~- 4_ I I 131-~ ~_--- ` 1_18 13 ~ 1~ j ~ 1 12 L I -~ I ~ I , L ~ __ - -~-~ 10 11 ~ -t 7 q ~ L 18 ~J 9 _ __ -1 -ice - - ~ 1_J - - _ /" _1 I l 5 j I 1 l % 1 Zoning Map Owners: ClearwaterTownhomes, Inc., William 8~ Case: FLD2007-1 1037 Sharon Templeman, Jr. 8~ Kathleen Hernandez site: 161 Brightwater Drive Property 0.478 Size(Acres): 08/29/15/43454/000/0010 THRU PINS: 08/29/15/43454/000/0030; 08/29/15/43454/000/0060 THRU 08/29/ 15/43 454/000/0100 Atlas Page: 276A • • __ __ I 3093 ~ t =_~ 1A ~_ r - `= J Q _ ///~~///J 1~4-_ J I-p_I--~ I I 1 L/ V 1317 L_ ~f- 16 131_ 5 I .,~ 2A - 1 132 1 ' e~- ght ' o Lit~9 ns 3 . 3A 17 - ---1 _ _' ; ~~ ,~ L~ ~~ 330 qA Overnight ' accommodations --- ----' - -~~ I s 332 ~,+ - i 101 j 61 ---I O ~ 1 - j 1 - - ----- - --- _ , p' ~.°n td 4qq ~ d6; ~ ~i`ij _$3 ~ 42 ~ 4~7 a ' 34~ I " ~ I I I .6 I- I I I I BR~G --J r, d 3 q 6 5 S g I ` HTjN,q 7.ER ~ 1 1 ii ~i_~ V SS _~_ ~ ~~ ~~; ° ~ ° ~ ~~ ; ~'~I D - ' ` R ~~~~ , -- I n - _ ~, J045j1 ~ I - ~~1 ~ t~ -1 I ` - 8- 34 1 I 6 1 I 1 ~~ ~ fl~~t ^ ~~ j g°i ~ I ~ f^ 1 2 3 5 6 8 ~ ri aC G!1 1 ' I I T 2 14 16 IdWjellln g - ~ )~Zne ~ 6 15 l g e l 10 ; L I J 11 l' 34B J L j I 45 =a e 1 ` Ian ~ Q0A Overnight . accommodations I 112 106 9 --. l ' ' f8 I 1 ~~~ r --, r$-- Q `-n°_ 'o I o I I i I 5 --_ 7 Jg-~ 1 10 ?? 120 ~ 13 ~ -- I ~- ~' 2 ~- 1-ry_{1 " (~ ~ ' ' Det hed elf s~ Lr" ~~-I` I eta I ~~'~~' I~ ~- -~~ ` M -~ ~-~j-- I I Imo- ~ L N I I .`r- I L_~ I I ~ I L_~ 7 l~ `+ I__rfL~ I~ -.._~I 1---~ I II_r L-- °- I-I - ~ -- -415' i - j ., ~~ ~ - ~ 2 1 0,-, BAYSIDE DR ~~ a led d i ~ ~ ~ ~ ~ ~ i= - ; " ~ ~ 1 1^ r I I 1~ 3 ~ I^~ _ _ I ~ ~ ? I ~- . / ~I ~ p,,, j JI 1 ~l 2 -~_ ~ -- I __ 1 II, q ~ 1 ---_ I ~_ I_1 W ~n I r---7 I I I ' I II rl 1 Iy I- ~ 11 ~y2 I D~x-[L a Ld~e HfF7~ i `1 -J r ~-~- ~ I ~ f-16 ~2 ~ 113 ~ 1~ - ltt- ~tg ~ gd ; I ~I -t 7 I l 10 q - -I -~ --- ~ 1_1 - ~ _~ - /" 1 I / / 5 I 1 % 1 Existing Surrounding Uses Map. Owners: ClearwaterTownhomes, Inc., William 8~ Case: FLD2007-1 1037 Sharon Templeman, Jr. 8L Kathleen Hernandez site: 161 Brightwater Drive Property 0.478 Size(Acres): 08/29/15/43454/000/0010 THRU PINS: 08/29/15/43454/000/0030; 08/29/15/43454/000/0060 THRU 08/29/15/43454/000/0100 Atlas Page: 276A View looking west along the south side of Brightwater Drive at developments west of subject property 161 Brightwater Drive property FLD2007-11037 ~~~,- ~ ~~~ View looking southeast from Brightwater Drive at View looking east along the north side of Brightwater Drive at developments east of subject View looking east at pool on the east side of the rear of the existing building • • From: Rickard, Leonard Sent: Monday, December 10, 2007 11:59 AM To: Wells, Wayne Subject: RE: FLD2007-11037, 161 Brightwater Drive Wayne, This is acceptable and yes I would like to see it added as a condition of CDB approval. Lenny Rickard Assistant Fire Marshal Clearwater Fire & Rescue 610 Franklin St., Clearwater, F133756 727-562-4327 Ext. 3078 Fax 727-562-4461 -----Original Message----- From: Wells, Wayne Sent: Monday, December 10, 2007 11:14 AM To: Rickard, Leonard Cc: Keller, James Subject: FLD2007-11037, 161 Brightwater Drive Lenny - Is this acceptable? Should I make this a condition if the CDB approves the application? Wayne -----Original Message----- From: Rjsk1234@aol.com [mailto:Rjsk1234@aol.com] Sent: Monday, December 10, 2007 10:45 AM To: Rickard, Leonard Cc: Wells, Wayne Subject: 161 Brightwater Drive Page 1 of 1 Chief Leonard Rickard, per your request please accept this a-mail as acceptance for the required Strobe (s) in each sleeping room, as well as a Fire Alarm System that meets a 75db sound level in each sleeping room. We will comply within 30 days of approval and all subsequent inspections. Ron Augustine 638-3907 Clearwater Townhomes Inc. Check out AOL Money & Finance's list of the hottestproducts and top money wasters of 2007. file://S:\Planning Department\C D B\FLEX (FLD)\Pending cases\Up for the next CDB\B... 12/11/2007 • • From: Wells, Wayne Sent: Monday, December 10, 2007 9:05 AM To: 'Rjsk1234@aol.com' Cc: Rickard, Leonard; Keller, James Subject: FLD2007-11037, 161 Brightwater Drive Ron - Please call Lenny Rickard with the Fire Department (562-4327 x3078) to discuss the following DP.C comment, which they are saying you have not completely addressed. If you need to do something to the units, like adding a Fire Alarm system and strobes, and you can write an email or letter to Mr. Rickard acknowledging you will install such if the application is approved, please do so today so I will not have this as an issue for the Staff Report. This could be a condition of approval if the CDB approves the request. 11/19/2007 Letter of response does not address that a complete fire alarm system is required. See previous condition below; Previous comment from FLS2007-09044 " This will become a mixed occupancy per Florida Fire Prevention Code, NFPA 101. As such the more stringent requirements of the Hotel Occupancy will need to be addressed. A Fire Alarm system will be required to be installed throughout the building and you must provide 75 db sound level in all sleeping rooms. Also in the units used for timeshare there must be strobes installed in the sleeping rooms for the hearing impaired. Acknowledge intent to comply " Provide an acknowledgement PRIOR TO CDB Thanks. Wayne • • Wells, Wayne From: Dougall-Sides, Leslie Sent: Monday, December 03, 2007 12:00 PM To: Wells, Wayne Subject: A04-01420 : RE: 161 Brightwater Drive IbINumAttach: ~ 0 MessageGUID: {4EA76311-5696-4A59-9A47-62EODE4962E4} OriginalDate: None Originator: SQL Style: Planning General miscellaneous In the discussion I reiterated that the application must fall within either Mixed Use or Timeshare, per your description. However, the definition in the Code is actually "interval ownership/timeshare", so that is probably why they have recharacterized it. I told them that Mr. Augustine should get with you, as Planning has indicated that revisions to the app were necessary. I also had a conversation with Michael Delk in which we agreed that if the application includes use of common areas, the applicant should have the concurrence of the unit owner not involved. Since the application has already been processed, advertised, and agendaed for CDB, I imagine this issue will go more to the staff recommendation than to a completeness analysis. I'll look at the app when it arrives. Leslie -----Original Message----- From: Wells, Wayne Sent: Monday, December 03, 2007 9:55 AM To: Dougall-Sides, Leslie Subject: 161 Brightwater Drive Leslie - I received from Ron Augustine on Friday a revised application referring to "interval ownership", which apparently comes from discussions you had with his attorney on last Thursday. I am sending to you through interoffice mail the revised application. Could you take a look at it and let me know as soon as possible if this is in conformance with what you discussed last Thursday? Thanks. Wayne • ~ Wells, Wayne From: Wells, Wayne Sent: Monday, December 03, 2007 9:55 AM To: Dougall-Sides, Leslie Subject: 161 Brightwater Drive Leslie - I received from Ron Augustine on Friday a revised application referring to "interval ownership", which apparently comes from discussions you had with his attorney on last Thursday. I am sending to you through interoffice mail the revised application. Could you take a look at it and let me know as soon as possible if this is in conformance with what you discussed last Thursday? Thanks. Wayne • • Wells, Wayne From: Wells, Wayne Sent: Tuesday, November 27, 2007 7:37 AM To: Dougall-Sides, Leslie Cc: Delk, Michael; Clayton, Gina; Thompson, Neil Subject: Telephone call Leslie - I do not have any. Staff Report yet. This is how the item will be shown in the CDB agenda. I told Ron Augustine yesterday that fractional ownership is not a use in our Code, so it is either timeshare or it doesn't go on the agenda. He will need to revise parts of his application to ensure references are to timeshares, not fractional ownership. 1. Case: FLD2007-11037 - 161 Brightwater Drive Level Two Application Owners: Clearwater Townhomes, Inc., William and Sharon Templeman, Jr. and Kathleen Hernandez (owners of Units 1, 2, 3, 6, 7, 8, 9 and 10). Applicant: Clearwater Townhomes, Inc. Representative: Ron Augustine and Ed Smeltz (161 Brightwater Drive #10, Clearwater, FL 33767; phone: 727-442- 8301; fax: 727-442-8304; email: ~sk1234(ae,aol.com). , Location: 0.478 acres located on the south side of Brightwater Drive, approximately 800 feet east of Hamden Drive. Atlas Page: 276A. Zoning District: Tourist (T) District -Small Motel District. Request: Flexible Development approval (1) to permit a Mixed Use (two attached dwellings and eight overnight accommodations [timeshares]) in the Tourist District where 10 attached dwellings (townhomes) were previously approved and constructed under FLD2002-11042, as a Comprehensive Infill Redevelopment Project, under the provisions of Section 2-803.C; and (2) Termination of Status of Nonconformity to permit parking for overnight accommodations (timeshares) that are designed to back into the public right-of--way (previously approved as attached dwellings [townhomes]), under the provisions of Section 6-109. Proposed Use: Mixed Use (two attached dwellings and eight overnight accommodations [timeshares]). Neighborhood Associations: Clearwater Beach Association (Jay Keyes, 100 Devon Drive, Clearwater, FL 33767; phone: 727-443-2168; email: papamurphy(a~aol.com); Clearwater Neighborhoods Coalition (Joe Evich, President, P.O. Box 8204, Clearwater, FL 33758). Presenter: Wayne M. Wells, AICP, Planner IlI. Wayne -----Original Message----- From: Dougall-Sides, Leslie Sent: Monday, November 26, 2007 3:22 PM To: Wells, Wayne Cc: Delk, Michael; Akin, Pam Subject: FW: Telephone call FYI. This is the project that has been designated as either mixed use or timeshare which now wants to switch to fractional ownership. Wayne, if you have a Staff Report draft please a-mail to me; thanks. -----Original Message----- From: Hollander, Gwen Sent: Monday, November 26, 2007 3:13 PM To: Dougall-Sides, Leslie Subject: Telephone call I just put a telephone conference call on your calendar for Thursday at 11:00 am Gwen Hollander Legal Staff Assistant Clearwater City Attorney's Office • (727) 562-4013 (Dougall-Sides, Leslie) Telephone conference call with attorney Robert Gedaide w/Baker & Hostetler LLP re: 161 Brightwater, Clearwater Townhomes. 4 \,. ~ CITY OF CLEARWATER NOTICE OF COMMUNITY DEVELOPMENT BOARD PUBLIC HEARINGS The Community Development Board of the City of Clearwater, Florida, will hold public hearings on Tuesday, December 18, 2007, beginning at 2:00 p.m., in the City Council Chambers, in City Hall, 3rd floor, 112 South Osceola Ave, Clearwater, Florida, to consider the following requests: NOTE: All persons wishing to address an item need to be present at the BEGINNING of the meeting. Those cases that are not contested by the applicant, staff, neighboring property owners, etc. will be placed on a consent agenda and approved by a single vote at the beginning of the meeting. 1. (Cont'd from 11-20-07) Peter Pan Developments, LLC., 8~ Epic Holdings South (Petrit Meroli & Panayiotis Vasiloudes) are requesting Flexible Development approval to construct a 3,182 sq ft multi-use dock facility to provide 14 slips as an amenity to a proposed 16 unit attached dwelling (2 buildings with 8 dwelling units in each) in the Tourist (T) District with an increase to the length of the southern dock from 75% of the lot width (93.75 ft) to 89% of the lot width (111 ft) under the provisions of Sec. 3-601.C.3. (Proposed Use: Multi-use dock of 3,182 sq ft for 14 slips, in conjunction with a 16-unit attached dwelling (condominium) at 685, 689, 693 & 699 Bay Esplanade, Mandalay Unit No. 5 Replat Blk 76, N & S '/2 of unplatted Blk 76 & Blk 77, Lots 12 & 13. Assigned Planner: A. Scott Kurleman, Planner II. FLD2007-03007 2. Clearwater Townhomes, Inc., William J., Jr. 8~ Sharon J. Templeman, 8~ Kathleen Hernandez are requesting Flexible Development approval (1) to permit a Mixed Use (2 attached dwellings and 8 overnight accommodations [timeshares]) in the Tourist District where 10 attached dwellings (townhomes) were previously approved and constructed under FLD2002-11042, as a Comprehensive Infill Redevelopment Project, under the provisions of Sec. 2-803.C; and (2) Termination of Status of Nonconformity to permit parking for overnight accommodations (timeshares) that are designed to back into the public right-of-way (previously approved as attached dwellings [townhomes]), under the provisions of Sec. 6-109. (Proposed Use: Mixed Use (2 attached dwellings and 8 overnight accommodations [timeshares]) at 161 Brightwater Dr., Island Townhomes, Lots 1-3 8~ 6-10. Assigned Planner: Wayne M. Wells, AICP, Planner III. FLD2007- 11037 3. Kiely M. Allen is appealing a Level One (flexible standard development) decision pursuant to Community Development Code (CDC) Sec. 4-501.A.3, that a requested reduction to the front (north) setback from 25 ft to 20 ft (to building) as a Residential Infill Project is inconsistent with the Flexibility Criteria as set forth in CDC Secs. 2-203.B.1.a & 2-203.6.1.c, as well as, the General Standards for Level One Approvals as set forth in CDC Secs. 3-913.A.1 8~ 3-913.A.5. (Proposed Use: Detached Dwelling) at 403 Magnolia Dr., Harbor Oaks Lots 84 & 86 8~ W 25ft of Lot 82. Assigned Planner: Robert G. Tefft, Planner III. APP2007-00003 4. Peter L. 8~ Paula J. Vosotas are appealing a Level One (flexible standard development) decision pursuant to Community Development Code (CDC) Sec. 4- 501.A.3, that a requested increase in the gross floor area of an accessory structure from 10% to 21.5% and an increase in the allowable height from 15 ft to 16.5 ft is inconsistent I ~~~~~ with the General Standards for Level One Approvals as set forth in CDC Secs. 3-913.A.1 & 3-913.A.5. (Proposed Use: Accessory Structure (detached 3 car garage) at 2849 Shady Oak Ct., Landmark Woods 2"d Add Lot 36. Assigned Planner: A. Scott Kurleman, Planner II. APP2007-00004 Interested parties may appear and be heard at the hearing or file written notice of approval or objection with the Planning Director or City Clerk prior to the hearing. Any person who decides to appeal any decision made by the Board or Council, with respect to any matter considered at such hearings, will need to request a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based per Florida Statute 286.0105. Community Development Code Sec 4-206 states that party status shall be granted by the Board in quasi-judicial cases if the person requesting such status demonstrates that s/he is substantially affected. Party status entitles parties to personally testify, present evidence, argument and witnesses, cross-examine witnesses, appeal the decision and speak on reconsideration requests, and needs to be requested and obtained during the case discussion before the CDB. An oath will be administered swearing in all persons giving testimony in quasi-judicial public hearing cases. If you wish to speak at the meeting, please wait to be recognized, then state and spell your name and provide your address. Persons without party status speaking before the CDB shall be limited to three minutes unless an individual is representing a group in which case the Chairperson may authorize a reasonable amount of time up to 10 minutes. Five days prior to the meeting, staff .reports and recommendations on the above requests will be available for review by interested parties between the hours of.8:30 a.m. and 4:30 p.m., weekdays, at the City of Clearwater, Planning Department, 100 S. Myrtle Ave., Clearwater, FL 33756. Please contact the case presenter, at 562-4567 to discuss any questions or concerns about the project and/or to better understand the proposal and review the site plan. Michael Delk Cynthia E. Goudeau, MMC Planning Director City Clerk City of Clearwater P.O. Box 4748, Clearwater, FL 33758-4748 NOTE: Applicant or representative must be present at the hearing. A COPY OF THIS AD IN LARGE PRINT IS AVAILABLE IN OFFICIAL RECORDS AND LEGISLATIVE SERVICES. ANY PERSON WITH A DISABILITY REQUIRING REASONABLE ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS MEETING SHOULD CALL (7271562-4093 WITH THEIR REQUEST. To learn more about presenting to Clearwater boards and City Council, go to http://Clearwater.aranicus.com/ViewPublisher.ghp?view id=11 and click on "Resident Engagement Video." You can also check the informational video out from any Clearwater public library. Ad: 12/06/07 -~ , ~ 2007-11037; 92 ALVERSON, LOUISE W ANDERSON, CRAIG S 444 MILLERSBURG RD 181 BRIGHTWATER DR # 5 PARIS KY 40361 - 2145 CLEARWATER FL 33767 - 2447 BARNHART, RANDALL E BARROWS, SCOTT O BARNHART, DEBORAH E BARROWS, JUDY L 143 BAYSIDE DR 130 BAYSIDE DR CLEARWATER FL 33767 - 2502 CLEARWATER FL 33767 - 2501 BAUSTERT, DELBERT V BEACH BUM INVESTMENTS LLC BAUSTERT, MARY LOU 200 BRIGHTWATER DR # 2 PO BOX 3128 CLEARWATER FL 33767 - 2452 CLEARWATER FL 33767 - 8128 BOTSOLAS, CAROL M BRAUN, DUSTIN S BOTSOLAS, C J JR BRAUN, CYNTHIA R 14542 EAGLE POINTE DR 2143 PAYNE AVE CLEARWATER FL 33762 - 2255 ALCOA TN 37701 - BRIGHTWATER ON THE BAY INC BRIGHTWATER TOWNHOMES 175 BRIGHTWATER DR HOMEOWNE CLEARWATER FL 33767 - 2411 200-208 BRIGHTWATER DR CLEARWATER FL 33767 - 2452 BUNDY, DAVID J CAGLE, JOHN D BUNDY, NANCY J CAGLE, JEANNINE D 1325 STOOPS FERRY DR 174 BAYSIDE DR MOON TOWNSHIP PA 15108 - 8919 CLEARWATER FL 33767 - 2501 CHEN, CHUNG J CINNAMON BAY OF CLEARWATER 12476 BENTBROOK DR LLC CHESTERLAND OH 44026 - 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2501 ST SOMEWHERE PROPERTIES LLC 10101 KINGSITYRE WAY TAMPA FL 33647 - 2867 STANTON, ELIZABETH 42 10TH ST CARLE PLACE NY 11514 - THOMAS, MARK S THOMAS, TERESITA T 181 BRIGHTWATER DR # 1 CLEARWATER FL 33767 - 2447 WESEMAN, JASON 125 BRIGHTWATER DR # 4 CLEARWATER FL 33767 - 2430 YARED, ISSAM 1402 HADLEIGH PL LOUISVILLE KY 40222 - 5651 ZIOLA, KATHRYN M ZURAWSKI, BOGDAN ZIOLA, THOMAS B ZURAWSKI, ANNA 139 BAYSIDE DR 139 BRIGHTWATER DR CLEARWATER FL 33767 - 2502 CLEARWATER FL 33767 - 2402 RACKSTEIN, ANDREW D RACKSTEIN, PATRICIA K 305 BLUFF VIEW DR BELLEAIR BLUFFS FL 33770 - 1306 ROGERS, SINDY 181 BRIGHTWATER DR # 3 CLEARWATER FL 33767 - 2447 SCINTA, RICHARD J JR 8616 FOREST RUN LN ORLANDO FL 32836 - 5968 SMYTH, ROBERT E SMYTH, GAIL M 3045 OAK HILL RD CLEARWATER FL 33759 - 1320 STANGE, SCOTT C 181 BRIGHTWATER DR # 5 CLEARWATER FL 33767 - 2447 TEMPLEMAN, WILLIAM J JR TEMPLEMAN, SHARON J 161 BRIGHTWATER DR # 2 CLEARWATER FL 33767 - 2458 TWIN PALMS CLEARWATER LLC 200 BRIGHTWATER DR # 2 CLEARWATER FL 33767 - 2452 WILLIAMS, EUGENE C WILLIAMS, LYNNE M 130 BRIGHTWATER DR # 8 CLEARWATER FL 33767 - 2453 ZILISCH, JAMES R ZILISCH, JANICE E 7028 WILLOW TRACE LN MATTHEWS NC 28104 - Page 1 of 1 Wells, Wayne From: Wells, Wayne Sent: Tuesday, December 11, 2007 11:47 AM To: 'Linda Fletcher' Cc: 'Rjsk1234@aol.com' Subject: Timeshare Linda - Thankyou for your letter. Your letter will be included with the application package for this request to the CDB later this week. Since this is a public hearing, even though you have sent this letter, it is suggested you attend the CDB meeting to voice your concerns. Wayne -----Original Message----- From: Linda Fletcher [mailto:Ifletcher9@tampabay.rr.com] Sent: Tuesday, December 11, 2007 11:21 AM To: Wells, Wayne Subject: Timeshare Att: Wayne Wells and the Community Development Board The letter is in objection to application FLD2007-11037 requesting Flexible Development approval at 161 Brightwater Dr., Island Townhomes. I bought my townhome at 145 Brightwater Dr. in May of 2006. The developer sold me on the concept of reshaping Brightwater Dr. to a private gated community lined with charming townhomes, underground electricity and a community meeting center. I planned on living my retirement years in this new community. Being new to the area, I wasn't aware that everyone on the street was investors expecting to turn their properties for a quick profit. Then the market went south and so did the developer with the dream. I sympathize with these investors, but in time the market will return, other developers will come along and all will be well. These investors are already renting their units for overnight or weekly stays which are against the by-laws in the building does. I don't know this for a fact but I would think making a part of a building a time share is also against the building by-laws. If the building next door is approved for timeshares the investors in other buildings may consider doing the same thing. This will change the entire complexity of the street. I didn't spend top dollar for my home to live on a street full of vacationers. This will alter the value of my home which is already compromised by the poor construction of the builder. Of the three fingers of land extending to the east on Clearwater Beach, two are residential, Brightwater Dr. should be too. Respectfully submitted by Linda Fletcher on December 11, 2007 145 Brightwater Dr. #5 12/11/2007 • Page 1 of 1 Wells, Wayne From: Linda Fletcher [Ifletcher9@tampabay.rr.com] Sent: Tuesday, December 11, 2007 11:21 AM To: Wells, Wayne Subject: Timeshare Att: Wayne Wells and the Community Development Board The letter is in objection to application FLD2007-11037 requesting Flexible Development approval at 161 Brightwater Dr., Island Townhomes. I bought my townhome at 145 Brightwater Dr. in May of 2006. The developer sold me on the concept of reshaping Brightwater Dr. to a private gated community lined with charming townhomes, underground electricity and a community meeting center. I planned on living my retirement years in this new community. Being new to the area, I wasn't aware that everyone on the street was investors expecting to turn their properties for a quick profit. Then the market went south and so did the developer with the dream. I sympathize with these investors, but in time the market will return, other developers will come along and all will be well. These investors are already renting their units for overnight or weekly stays which are against the by-laws in the building docs. I don't know this for a fact but I would think making a part of a building a time share is also against the building by-laws. If the building next door is approved for timeshares the investors in other buildings may consider doing the same thing. This will change the entire complexity of the street. I didn't spend top dollar for my home to live on a street full of vacationers. This will alter the value of my home which is already compromised by the poor construction of the builder. Of the three fingers of land extending to the east on Clearwater Beach, two are residential, Brightwater Dr. should be too. Respectfully submitted by Linda Fletcher on December 11, 2007 145 Brightwater Dr. #5 12/11/2007 Page 1 of 1 Wells, Wayne From: Wells, Wayne . Sent: Monday, December 10, 2007 9:57 AM To: 'Linda Fletcher' Subject: RE: 161 Brightwater Dr. Linda - Let me reorient your request. The application will be heard at a public hearing on December 18th. I am assuming that you are in opposition to the request. It is highly recommended you attend the hearing and voice your concerns to the CDB. If you do attend the meeting, I might suggest asking at the beginning of the hearing on this request to have "party status", so that you may personally testify, present evidence, argument and witnesses, cross-examine witnesses, appeal the decision and speak on reconsideration requests. I am assuming that you have received a notice of the CDB meeting in the mail. Additionally, if you would like to have aletter/email voicing your concerns to the CDB that I can send out this week to the CDB as part of the package we send, please send such letter/email to me today or tomorrow so I can include such in our package to the CDB. Staff is not supporting such application. Should the CDB approve the application, you could then appeal such decision to a State Hearing Officer, per Division 5, Appeals, of Article 4 of the Community Development Code. The appeal would need to be filed within 14 days of the CDB decision. Wayne -----Original Message----- From: Linda Fletcher [mailto:Ifletcher9@tampabay.rr.com] Sent: Monday, December 10, 2007 7:43 AM To: Wells, Wayne Subject: 161 Brightwater Dr. Good morning Wayne, I would like to file an appeal on the request of Clearwater Townhomes, Inc., William J., Jr. and Sharon J. Templeman and Kathleen Hernandez who are requesting Flexible Development approval so they can sell timeshares.. The meeting is on December 18, #FLD2007-11037. Could you please tell me how I can file an appeal? Thankyou, Linda Fletcher 145 Brightwater Dr. #5 12/19/2007 s ~ ~ __ ~-- _~ ~ M. ~ f Nancy and David Bundy PLANNINv & DEVELOPMENT . SERVICES ~ 1325 Stoopsferry Road CITY of cLEaRwnTER '~~oon Twp PA 15108 --- _ City of Clearwater Planning Dept 100 South Myrtle Ave Clearwater FL 33756 Mr. Wayne Wells As property owners of 161 Brightwater Drive Unit#5, we want to express our concerns over the possible approval for Flexible Standard Development or in other words [TIlVIE SHARE DEVELOPMENT.] We were surprised when we came to OUR HOME several weeks ago, to see a for sale sign for $197.500.00 on one of the units. That evening we removed one of the advertisements from a box located outside of the unit. This is the manner in which we became aware of the Flexible Standard Development. We were told by the development principals that this application was previously approved, only to find out that this was a mistruth. Due to medical issues we had not resided in our home for an extended length of time. Although parties involved had access to our phone numbers we were never contacted to be given any notice of this situation. Let us state in no uncertain terms that we are in complete disapproval of this change as are other homeowners in the complex. This would greatly reduce the value in selling our home to a third party buyer, not to speak of the impossibility. We would be limited virtually to only being able to sell to the Flexible Standard Development principals or be forced to sell at a gross inadequacy in property value. We purchased in good faith that 10 homeowners would reside in this development. This application is merely for the monetary gain of the development principals. These units can be sold for their original intended usages; however substantial profits can be gained by changing to Flexible Standard Development. We strongly urge you to protect our investment and the integrity of Brightwater Drive by rejecting the application. We have contacted an appraiser who is going to provide expert testimony to the negative impact in property values, as well as obtaining legal counsel for representation in regards to this issue. We may be reached at 412-262-1067 for any additional information or questions. Thank you for your understanding and concern. Sincerely, David and Nancy Bundy