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FLD2005-01016; TDR2005-01017; PLT2005-00002 (2) s MAR 10 Planning Department rwateQ SUBMIT ORIGINAL SIGNED AND NOTARIZED APPLICATION O SUBMIT 14 COPIES OF THE ORIGINAL. APPLtA,T10N ir>cit>?g 1) collated, 2) stapled and 3) folded sets 61 site plans 100 South, Avenue Clearwater, Florida 33756 Telephone: 727-562-4567 Fax: 727.562-4865 U SUBMIT APPLICATION FEE $ ORIP CASE #: DATE RECEIVED: RECEIVED BY (staff initials): ATLAS PAGE #: ZONING DISTRICT: LAND USE CLASSIFICATION: SURROUNDING USES OF ADJACENT PROPERTIES: NORTH: SOUTH: WEST- * NOTE: 15 TOTAL SETS OF INFORMATION REQUIRED (A KICATIONs PLUS SITE PLAN SETS) FLEXIBLE DEVELOPMENT APPLICATION Comprehensive Infill Project (Revised w30J m) PLEASE TYPE OR PRINT -- A. APPLICANT, PROPERTY OWNER AND AGENT INFORMATION: (Code Section 4-202.A) APPLICANT NAME: Sunspree Green, LLC MAILING ADDRESS: 50 North Water Street, South Norwalk, CT 06854 PHONE NUMBER: (203) 354-5030 FAX NUMBER: (203) 354-5060 PROPERTY OWNER(S): Same as applicant. (Must indude ALL owners as listed on the deed - provide original signature(s) on page 6) AGENT NAME: E. D. Armstrong III, Esquire Johnson, Pope, Bokor, Ruppel & Burns, LLP MAILING ADDRESS: P. 0. Box 1368, Clearwater, FL 33757-1368 PHONE NUMBER (727) 461-1818 FAX NUMBER (727) 462-0365 D. rKVruacv vcvcwrmcns rnrvrcmnrNn: t%+uue aecuon 4-Aut.ty STREET ADDRESS of subject 715 South Gulfview Blvd. See Exhibit "A" attached. to nw nstea nera, please note me w omm w um; oocument in me suommaq PARCELSIZE: 4.383 acres upland .93 acre open space (acres, square feet) 149-unit condominium PROPOSED USE(S) AND SIZE(Sx (number of dwelling units, hotel rooms or square footage of nonresidential use) Page 1 of 7 - Flexible Development Comprehensive Infitl Application 2005- City of Clearwater r CELLNUMBEFt. EMAILADDRESS: eda@jpfirm.com 0 '00 R I G1 DESCRIPTION OF REOUIEST(S) See Exhibit "B" attached. Attach sheets and be specific when identifying the request (include all requested code deviations; e.g. reduction In required number of parking spaces, specific use, etc.) DOES R-1S APPLICATION INVOLVE THE TRANSFER OF DEVELOPMENT RIG fTS MAX A PREVIOUSLY APPROVED PLANNED UNIT DEVELOPMENT, OR A PREVIOUSLY APPROVED (CERTIFIED) SITE PLAN? YES X NO_ (if yes, attach a copy of the applicable documents) See attached applications for transfers of development rights. C. PROOF OF OWNERSHIP: (Code Section 4-202.A.5) ? SU13W A COPY OF THE TITLE INSURANCE POLICY, DEED TO THE PROPERTY OR SIGN AFFIDAVIT ATTESTING CWNERMP (see page 6) D. ? 1. WRITTEN SUBMITTAL REQUIREMENTS: (Code Section 3-913.A) Provide complete responses to the six (6) GENERAL APPLICABILITY CRITERIA- Explain how each criteria is achieved, in detail; 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. See Exhibit "B" attached for responses to Criteria 1 through 6. 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. KQ 1 1 0 2 985 3. The proposed development will not adversely affect the health or safety or 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 immediate vicinity of the parcel proposed for development. 6. The design of the proposed development minimizes adverse effects, including visual, acoustic and olfactory and hours of operation impacts, on adjacent properties. Page 2 of 7 - Flexible Development Comprehensive Infil Application 2005- City of Clearwater • i ORIGINAL 11 Provide complete responses to the ten (10) COVFREH94SKIE WILL WJX- ELOPMENT PROJECT CRITERIA (as app) - EVlain ow each criteria is achieved in detail: 1. The development or redevelopment of the parcel proposed for development is otherwise Impractical without deviations from the use, intensity and development standards. See Exhibit "B" attached for responses to Criteria 1 through 10. 2. The development of the parcel proposed for development as a comprehensive infill redevelopment project or residential loft project will not reduce the fair market value of abutting properties. (Include the existing value of the site and the proposed value of the site with the improvements.) 3. The uses within the comprehensive infill redevelopment project are otherwise permitted In the City of Clearwater. 1 4. 0 2005 MAR The uses or mix of use within the comprehensive infill redevelopment project are compatible with adjacent land uses. 5. Suitable sties for development or redevelopment of the uses or mix of uses within the comprehensive Infill redevelopment project are not otherwise available in the City of Clearwater. 6. The development of the parcel proposed for development as a comprehensive Infiti redevelopment project will upgrade the immediate vicinity of the parcel proposed for development. 7. The design of the proposed comprehensive infill redevelopment project creates a form and function that enhances the community character of the immediate vicinity of the parcel proposed for development and the City of Clearwater as a whole. 8. Flexibility in regard to lot width, required setbacks, height and off-street parking are justified by the benefits to community character and the immediate vicinity of the parcel proposed for development and the City of Clearwater as a whole. Page 3 of 7 - Flexible Development Comprehensive Infiti Application 2005- City of Clearwater 9. Adequate off-street parking in the immediate vicinity according to the shared parking formula in Division 14 of Article 3 will be available to avoid on-street parking in the immediate vicinity of parcel proposed for development. MAR 10 2005 10. The design of all buildings complies with the Tourist District or Downtown District design guidelines in Division 5 of Article 3 (as applicable). Use separate sheets as necessary. E. STORMWATER PLAN SUBMITTAL REQUIREMENTS: (City of Clearwater Stone Drainage Design Manual and 4-202.A.21) A STORMWATER NARRATIVE MUST BE SUBMITTED WITH ALL APPLICATIONS. AN applications that Involve addi or modification of impervious surface, including buildings, must include a stommaater plan that demonstrates compliance with the of Clearwater Stone Drainage Design Criteria manual. A reduction In impervious surface area does not qualify as an exemption to requirement If a plan is not required, the narrative shall provide an explanation as to why the site is exempt ? At a rninimum, the STORMWATER PLAN shall include the krliowing: Existing topography extending 50 feet beyond all property lines; _ Proposed grading including finished floor elevations of all structures; All adjacent streets and municipal storm systems; _ Proposed stormwater detentiondretention area including top of bank, toe of slope and outlet control stricture; _ A narrative describing the proposed stormwater control plan including all calculations and data necessary to demonstrate compliance with the City manual. Signature and seal of Florida Registered Professional Engineer on all plans and calculations. O COPY OF PERM NWIRY LETTER OR SOUTHWEST FLORIDA WATER M44AIGRAENT DISTRICT (SWFMND) PERMIT SUBMITTAL (SWFWMD approval Is required prior to issuance of City Budding Permit), if applicable ? Acknowledgement of stormwater plan requirements (Applicant must Initial one of the following): Stormwater plan as noted above is included 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 IN THE REQUIREMENT FOR A STORMWATER PLAN AND NONE HAS BEEN SUBMITTED, APPLICATION MUST BE RESUBMITTED AND SIGNIFICANT DELAY MAY OCCUR. F. SUPPLEMENTAL SUBMITTAL REQUIREMENTS: (Code Section 4-202.A) ? SKNM AND SEALED SURVEY (including legal description of property) - One original and 14 copies; ? TREE SURVEY (including existing trees on site and within 25' of the adjacent site, by species, size (DBH 4" or greater), and location, including drip fines and indicating trees to be removed) -please design around the existing trees; ? LOCATION MAP OF THE PROPERTY; Page 4 of 7 - Flexible Development Comprehensive Infill Application 2005- City of Clearwater U 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 shall be approved by the Community Development Coordinator and shall be in accordance with accepted traffic engineering principles. 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 pernats will not be issued until evidence of recording a final plat is provided); 0 COPY OF RECORDED PLAT, as applicable; G. SITE PLAN SUBMITTAL REQUIREMENTS: (Section 4202.A) ? SITE PLAN with the following information (not to exceed 24" x 36"): y All dimensions; MAR 1® 2005 North arrow; Engineering bar scale (minimum scale one inch equals 50 feet), and date prepared; _ location map; Index sheet referencing individual sheets included In package; Footprint and size of all EXISTING buildings and structures; Footprint and size of all PROPOSED buildings and structures; _ All required setbacks; AN existing and proposed points of access; Ali required sight triangles; Identification of environmentally unique areas, such as watercourses, wetlands, tree masses, and specimen trees, including description and koation of understory, ground cover vegetation and wildlife habitats, etc; Location of all street riffs-of-way within and adjacent to the site; Location of existing public and private utilities, including Are 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(Dxt) and Index #701); Location of all landscape material; Location of all onsite and offsite stonrtwater management facaTities; _ 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 farm: 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 and driveways, expressed in square feet and percentage of the paved vehicular area; _ Size and species of all landscape material; Official records book and page numbers of all existing utility easement; Building and structure heights; Impermeable surface ratio p.S.RJ; and _ Fkxx area ratio (FAR.) for all nonresidential uses. ? REDUCED SITE PLAN to scale (8 Y: X 11) and color rendering if possible; ? FOR DEVELOPMENTS OVER ONE ACRE, provide the following additional Information on site plan: One-foot contours or spot elevations on site. Offske elevations if required to evaluate the proposed stormwater management for the parcel; All open space areas; Location of all earth or water retaining walls and earth berms: _ Streets and drives (olmensiorW); Building and structural setbacks (dimensioned); Structural overhangs; Page 5 of 7 - Flexible Development Comprehensive infili Application 2005- City of Clearwater 9 0 Tree Inventory. prepared by a "certified arborist", of all trees 8" DBH or greater, reflecting s¢e, canopy (drip lines) and condition of such trees. H. LANDSCAPING PLAN SUBMITTAL REQUIREMENTS: (Section 41102A) O LANDSCAPE PLAN: _ AN existing and proposed structures; . Names of abutting streets; _ Drainage and retention areas including swales, side slopes and bottom elevations; _ Delineation and dimensions of all required perimeter landscape buffers; _ Sight visibility triangles; Delineation and dimensions of all parking areas Including landscaping islands and curbk)T Proposed and required parking spaces; Existing trees on-site and Immediately adjacent to the site, by species, size and locations, Including driplines (as indicated on required tree survey); T Plant schedule with a key (symbol or label) indicating the size, description, specifleatkons and quantities of all existing and proposed landscape materials, including botanical and common names; Location, size, and quantities of all existing and proposed landscape materials, indicated by a key relating to the plant schedule; Typical planting details for trees, palms, shrubs and ground cover plants including instructions, soil mixes, backlilling, mulching and protective measures; Interior landscaping areas hatched andlor 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 Boards irrigation notes. O REDUCED LANDSCAPE PLAN to scale (8 %: X 11) (color rendering if possible); ? IRRIGATION PLAN (required for level two and three approval); ? 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 ORIGINAL MAR 10 2005 Page 6 of 7 - Flexible Development Comprehensive infiti Application 2005- City of Clearwater 0 C161 G I Nn, 1. BUILDING ELEVATION PLAN SUBMITTAL REQUIREMENTS: (Section 4.202.A.23) Required in the event the application includes a development where design standards are in Issue (e.g. Tourist and Downtown Districts) or as part of a Comprehensive 1nfill Redevelopment Project or a Residential Infill Project. ? BUILDING ELEVATION DRAVANGS - all skies of all buildings including height dimensons, colors and materials; ? REDUCED BUtDING ELEVATIONS- four sides of building with colors and materials to scale (8 Y2 X 11) (black and white and color rendering, if J. SIGNAGE: (Division 19. SIGNS / Section 3-1806) ? AI EXISTING freestanding and attached signs; Provide photographs and dimensions (area, height, etc.), indicate whether they will be removed or to remain. ? AN PROPOSED freestanding and attached signs; Provide details including location, size, height, colors, materials and drawing; freestanding signs shall include the street address (numerals) - ? Comprehensive Sign Program application, as applicable (separate application and fee required). MAR K TRAFFIC IMPACT STUDY: (Section 4-202.A.13 and 4-801.C) ? Include if required by the Traffic Operations Manager or hisJher designee or if the proposed development • WIN degrade the acceptable level of service for any roadway as adopted in the Comprehensive Plan. • Will generate 100 or more new vehicle directional trips per hour and/or 1000 or more new vehicle trips per day. • Will affect a nearby roadway segment and/or intersection with five (5) reportable accidents within the prior twelve (12) month period or that is on the City's annual list of most hazardous intersections. Trip generation shell 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 DeparhnenYs 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 turning movement at all Intersections identified In the Scoping Meeting. Traffic Impact Study is not required. CAUTION - IF APPLICATION REVIEW RESULTS IN THE REQUIREMENT FOR A TRAFFIC IMPACT STUDY AND NONE HAS BEEN SUBMITTED, APPLICATION MUST BE RESUBMITTED AND SIGNIFICANT DELAY MAY OCCUR. L. SIGNATURE: 1, 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 descn applicati E. D. Armstrong III Signature of property owner or representative STATE OF FLORIDA, COUNTY OF PINELLAS Sworn to and subscribed before me this 31 day of Ja",uar? A D. 20 Qom, to me and/or by E_ n_ Armft-.rnng TIT. who is personally known Inks MC LINDA R. CUNIMHAM MY COMMISSION # DD 310910 EXPIRES: July 4, 2008 goad d rhra Notary Pubk Underwmers ? ORk, E ORIGINqL AFFIDAVIT TO AUTHORIZE AGENT: SUNSPREE GREEN LLC (Names of all property owners on deed - please PRINT full names) 1. That (I amble are) the owner(s) and record title holder(s) of the following described property (address or general location): 715 -South Gultview Boulevard, Clearwater 2. That this property constitutes the property for which a request for a: (describe request) Flexible development approval for a comprehensive infill redevelopment project, comprehensive landscape program and comprehensive sign program applications. 3. That the undersigned (has/have) appointed and (does/do) appoint: E. D. Armstrong III, Esquire and Johnson, Pope, Bokor, Ruppel & Burns, LLP as (his/their) agent(s) to execute any petitions or other documents necessary to affect such petition; 4. That this affidavit has been executed to induce the City of Clearwater. Florida to consider and act on the above described property; 5. 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; 6. That (Ihve), the undersigned authority, hereby certify that the foregoing is true and correct. SUNSPREE JC?REEN??,C RV: Property Owner Property Owner Property Owner ? STATE OF D6? ProPertY Owner J56 COUNTY OF =? 1. ?.?'r?Li Before me the undersigned, an officer duly commission y the lawss of State of-Aer ft. on this day of January , 2(YQ5 personally appeared 'r I * who g been first duty sworn deposes and says that he/she fully understands the contents of a affidavit that he/she signed. * as f/rrD>???'l Q Of SUNSE?REE GREEN LLC Notary Public My Commission Expires: Notary Public Fairfield Cty. CT My Commission Expires 5-31-08 S: tplanning DepartmentlApplication Formsldevelopment reviewltlexible development applicadon 2005.doc MAR 10 2005 EXHIBIT "A" LEGAL DESCRIPTION: Tract No. 1 MAR 10 2005 That part of Block D, BAYSIDE SHORES, as recorded in Plat Book 58, Pages 12 and 13, of the Public Records of Pinellas County, Florida, and adjacent land to the South described as follows: Beginning at the Northwesterly corner of said Block D, and run thence S77°46'02"E, 373.04 feet; thence along a curve to the right whose chord bears S36°31'01 "E, 362.64 feet; arc is 395.97 feet and radius is 275.00 feet for a Point of Beginning; thence N77°37'32"W, 167.56 feet; thence S12°22'28"W, 219.28 feet; thence S54°52'17"E, 173.50 feet; thence N12°22'28"E, 249.81 feet; thence S77°37'32"E, 10.0 feet; thence along a curve to the left whose chord bears N08°33'13"E, 36.65 feet, arc is 36.68 feet and radius is 275.00 feet to the Point of Beginning. Tract No. 2 That part of Block D, BAYSIDE SHORES, as recorded in Plat Book 58, Pages 12 and 13, of the Public Records of Pinellas County, Florida, and adjacent land to the South described as follows: Beginning at the Northwesterly corner of said Block D, and run thence S77°46'02"E, 373.04 feet; thence along a curve to the right whose chord bears S36°31'01 "E, 362.64 feet; arc is 395.97 feet and radius is 275.00 feet for a Point of Beginning; thence N77°37'32" W, 167.56 feet; thence S12°22'28"W, 219.28 feet; thence N54°52'17"W, 108.06 feet; thence N45°00'00"W, 79.0 feet; thence along a curve to the left whose chord bears N53°29'53"W, 157.04 feet, arc is 157.61 feet and radius is 531.33 feet; thence N61°59'46"W, 177.08 feet; thence N12°40'00"E, along the Westerly line of said Block D, and its Southerly extension 260.51 feet to the Point of Beginning. Tracts 1 and 2 above described comprise of all Lots 1 and 2, Block D, BAYSIDE SHORES, as recorded in Plat Book 58, Pages 12 and 13, of the Public Records of Pinellas County, Florida, plus adjacent lands lying to the South of said Lots 1 and 2. ALL THE ABOVE BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWESTERLY CORNER OF SAID LOT l; THENCE S 12°40'00"W, 260.51 FEET; THENCE S61 °59'46"E, 177.08 TO A POINT OF CURVE; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT RADIUS 531.33 FEET, ARC 157.61 FEET, CHORD BEARING S53°29'53"E, 157.04 FEET TO A POINT OF TANGENCY; THENCE S45°00'00"E, 79.00 FEET; THENCE S54°52'17"E, 281.56 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY OF CLEARWATER PASS AVENUE; THENCE N12°22'28"E, ALONG SAID RIGHT-OF-WAY 249.81 FEET; THENCE S77°37'32"E, 10.00 FEET TO A POINT ON A CURVE; THENCE ALONG THE ARC OF A CURVE TO THE LEFT CONCAVED TO THE WEST, RADIUS 275.00 FEET, ARC 432.65 FEET, CHORD BEARING N32°41'47"W, 389.39 FEET TO A POINT OF TANGENCY ON THE SOUTHERLY RIGHT-OF-WAY OF SOUTH GULFVIEW BLVD.; THENCE N77°46'02"W, ALONG SAID RIGHT-OF- WAY 373.04 FEET TO THE POINT OF BEGINNING. ORIGINAL MAC 10 2005 0 0 EXHIBIT "B" TO FLEXIBLE DEVELOPMENT APPLICATION FOR COMPREHENSIVE INFILL REDEVELOPMENT PROJECT SUNSPREE GREEN, LLC 715 South Gulfview Drive M 4R 2 4 2105 The applicant proposes to redevelop the Holiday Inn Sunspree site, located at 715 South Gulfview Drive ("Property"), with a 149-unit condominium project which will include two 15-story residential towers, related amenities, pedestrian walkways and infrastructure improvements. Simultaneously with the filing of this application, the applicant has submitted (i) an application for transfer of development rights (10 units) from 41 Devon Drive to the Property; (ii) an application for transfer of development rights (3 units) from the Sandpearl site to the Property and (iii) a comprehensive landscape program application. Please note that the applicant requests approval of a development order that will remain in effect for two years after approval and further, will allow a two-year construction period between building permit and certificate of occupancy. Due to other projects which are currently under construction, such as the Sandpearl, it is anticipated that construction may not be underway within the usual one-year timeframe. Specifically, the applicant seeks flexible development approval of a Comprehensive Infill Redevelopment Project, in accordance with the plans submitted with this application, including relief as follows: a. Termination of non-conforming status as to density for the existing 105- room hotel tower, located on 2.383 acres of the property; b. Transfers of density (13 units) to the site, through accompanying applications for transfers of development rights; c. An increase of the maximum building height to allow two proposed condominium towers with a height of 149'-6" to flat roof deck; d. Decorative architectural embellishment ranging in height from 11' to 21' to be attached to the flat roof deck of the proposed condominium building; e. A front (north) setback of 6.43' for structures other than buildings where 10'-15' is required by Code; f. A side (east) setback of 4.19' for structures other than buildings, where 10' is required by Code; g. A side (west) setback of 4.29' for structures other than buildings, where 10' is required by Code; OR I G I ?I,A I h. A rear (south) setback from seawall of 0' for structures other than buildings where 20' is required by Code; i. Flexibility to minimum standards for sight visibility triangles; j. A two-year development order which additionally provides that the applicant may have two years after the issuance of a building permit in which to obtain a final certificate of occupancy; and k. Fence height of 7' (at columns) where maximum height of 6' is allowed within the front setback. Section D. Written Submittal Requirements General Applicability Criteria: 1) 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. The project is consistent with the City's vision for redevelopment of this location as described in Beach by Design. The scale, bulk, coverage and density are in keeping with recent newer nearby developments which have improved the quality of the built environment along Clearwater Beach. It is anticipated that the proposed development will set a higher architectural standard with regard to the quality of the adjacent properties. 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. The redevelopment of the site, which includes improvements to the right-of-way to be made by the applicant, will improve and benefit the surrounding area and will in no manner hinder or discourage the development and use of adjacent land or buildings. 3) The proposed development will not adversely affect the health or safety of persons residing or working in the neighborhood of the proposed use. The project has been designed to ensure that the project 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. The proposed development is actually a reduction to the current density on the site and, as such, will not negatively impact traffic. The existing hotel on the site 2 RECEIVED ,?l" ? 2 700 ate' CITY OF ct atER 0 • ORIG? has 216 rooms, the equivalent of 162 condominium units. The applicant proposes 149 condominium units. Enclosed is a copy of a letter, dated January31, 2005, from Roy E. Chapman, P.E. of Florida Design Consultants, Inc., addressed to Paul Bertels, which states that the proposed redevelopment will result in a net reduction of traffic. It is our understanding that Traffic Engineering has determined that a detailed traffic analysis is not required for the project. 5) The proposed development is consistent with the community character of the immediate vicinity of the parcel proposed for development. The site is located within the Clearwater Pass District of Beach by Design, which is an area of mixed uses and appropriate for high-rise condominium development. 6) The design of the proposed development minimizes adverse effects, including visual, acoustic and olfactory and hours of operation impacts on adjacent properties. The design of the proposed redevelopment project will improve the visual appeal of the site which is visible from Clearwater Pass, the Sand Key Bridge and Sand Key Park. The proposed development will enhance this "entrance" to the beach. Comprehensive Infill Redevelopment Project Criteria: MAR 2 4 2005 1. The development or redevelopment of the parcel proposed for development is otherwise impractical without deviations from the use, intensity and development standards. This area is designated as appropriate location for high rise condominiums, as part of the Clearwater Pass District set forth in Beach by Design. Designing the proposed project amid the existing physical parameters of the beach on the south, Gulfview Boulevard on the north and the bridge on the east calls for creativity in design and some deviations from Code requirements, such as setbacks to pavement. The request for the addition of a decorative mansard architectural embellishment to be attached to the flat roof decks will allow the applicant to hide various mechanical equipment which is otherwise allowed to exceed the height requirements. 2. The development of the parcel comprehensive infill redevelopment not reduce the fair market value existing value of the site and the improvements.) proposed for development as a project or residential infill project will of abutting properties. (Include the proposed value of the site with the 3 0 ? I 0 P,16 1 E giI- The current assessed value of the property, per the Pinellas County tax rolls, is approximately $13,350,000. The applicant estimates that the value of the property after the construction of the proposed project will exceed $100 million. 3. The uses within the comprehensive infill redevelopment project are otherwise permitted in the City of Clearwater. Multi-family residential use is allowed in the "Tourist" District. 4. The uses or mix of use within the comprehensive infill redevelopment project are compatible with adjacent land uses. As previously stated, high rise condominiums are specifically acknowledged as an appropriate use for this area in Beach by Design guidelines. 5. Suitable sites for development or redevelopment of the uses or mix of uses within the comprehensive infill redevelopment project are not otherwise available in the City of Clearwater. [This criteria deleted by code amendment.] 6. The development of the parcel proposed for development as a comprehensive infill redevelopment project will upgrade the immediate vicinity of the parcel proposed for development. The redevelopment of the property as an upscale residential condominium project and amenities and providing pedestrian walkways, street enhancements, parking and infrastructure improvements, will enhance this area of the Beach. 7. The design of the proposed comprehensive infill redevelopment project creates a form and function that enhances the community character of the parcel proposed for development and the City of Clearwater as a whole. As stated on Page 19 of Beach by Design, "Beach by Design contemplates that the Clearwater Pass District will be an area of strategic revitalization and renovation in response to improving conditions on the balance of Clearwater Beach." The proposed project will revitalize this location at one of the entrances to the beach. 8. Flexibility in regard to lot width, required setbacks, height and off-street parking are justified by the benefits to community character and the immediate vicinity of the parcel proposed for development and the City of Clearwater as a whole. MAR 2 4 2005 4 Height The request for additional height is consistent with the guidelines set forth in Beach by Design. The request for the addition of a decorative mansard architectural embellishment to be attached to the flat roof decks will allow the applicant to hide various mechanical equipment which is otherwise allowed to exceed the height requirements. Attached is an elevator shop drawing diagram which depicts the proposed elevator equipment. As shown in the drawing, 18 feet of clearance covered by a 10" slab is required for the top floor elevator equipment. Assuming that the top living floor of the condominium has a clearance of approximately 10 feet, the top of the machine room floor will be located 8'-10" above the roof. The machine room requires 7'6" of clearance and is topped with an 8" slab. As shown on "Line C" of the drawing, the total clearance height required is 264". Again, assuming a 10' clearance for the top living floor, that will leave 164" above the roof deck. The reason for the request to 21 feet is that the applicant proposes to install a hip roof on top of the mechanical slab and a fagade in front of the elevator equipment for architectural enhancement. The "tiered" appearance with separated rooftops is depicted in the building elevations submitted with the application (see Notebook). Section 4-1403.C. of the Clearwater Community Development Code provides that the use of transferable development rights may be authorized to increase the permitted height of a building up to one and one-half times the maximum height otherwise permitted. The following criteria are set forth: 1. The sending site and the receiving site must be located within the City. The two sending sites and the receiving site are all located on Clearwater Beach. 2. No building which exceeds 100 feet in height shall be located within 100 feet of any other building which exceeds 100 feet in height. No more than two buildings which exceed 100 feet in height shall be located within 500 feet of any building which exceeds 100 feet in height. The Sea Wake Motel, located on the adjacent parcel to the west and within 100 feet of the property is 60.42' in height. The two proposed condominium buildings (both exceeding 100' in height) will not be located within 500 feet of any other buildings exceeding 100 feet in height. 5 BAR 4 2005 3. Appropriate view corridors are incorporated in the design of the parcel proposed for development and all design standards in Article 3 Division 5 are otherwise satisfied. The project has been designed in accordance with the guidelines set forth in Beach by Design, as required by Article 3, Division 5. 4. There shall be a reasonable relationship between the number of units transferred and any increases in building height. Compatibility with the surrounding area and feasibility of the project shall be considered when approving any increase in height. The Planning Director has determined that there is a reasonable relationship between the 13 units transferred to the site and the proposed increase in building height. The property is located within the Clearwater Pass District of Beach by Design, which is indicated as being an area of mixed use, including high rise condominiums. Setbacks The relief sought from setbacks is with regard to setbacks to pavement. The site is constricted by the beach on the south, Gulfview Boulevard on the north and the bridge on the east, which resulted in the proposed "frontage road" to the project. As shown on the land use data table on the proposed site plan, many of the proposed setbacks to pavement, exceed the setbacks to pavement which exist on the site today. Sight Visibility Triangles As to the applicant's request for flexibility with regard to sight visibility triangles, the applicant proposes safety measures (one-way drives, mirrors and signage) to insure adequate visibility for the safety of motorists and pedestrians. 9. Adequate off-street parking in the immediate vicinity according to the shared parking formula in Division 14 of Article 3 will be available to avoid on-street parking in the immediate vicinity of parcel proposed for development. As shown on the proposed site plan, proposed parking exceeds required parking on the site. 10. The design of all buildings complies with the Tourist District or Downtown District design guidelines in Division 5 of Article 3 (as applicable). The proposed project has been designed in accordance with Beach by Design design guidelines. 3/24/2005 2:32 PM 45059.108146 #336950 v2 - Sunspree/Ex to Comp Inf ill r, 6 iE I GULF- IIW 6LVD. TOWER Oil ?? ' ?? OOR'/ O)MOOw+ p OFOI AMENITY BUILDING ?t wwauiawww+wr ?Se w.rwua.rw..w ?* ?3[ woo. jw T? .wr- .wiawa.arw+oay 1-1 ? TOWER s ?\? IIV a i .,, •? BEACH " - ; "."fuy .. F- .. • • .?...? .. ••••••• •? NM Damon 1001 tmruanaarAaMlecrarcl+Mlpr - ?, . .. ... - raster OD10 MftAMYAUVCWXf%DUL7 VM HPPVHLV=ldA11pI0pY@ ? - _ _T. -yam GULF OF MEXICO .? 1 e L? 'i i I so O OD M MAR 10 2005 ?? 0 0 .r INSERT 9 t-- U 3fi try aj o m t..+ C.) Les O N r N W 4A -? x x - -1.t-... IFLE 1. N r 1 a W ~ La t n D iR 0 EA C as py?RTp R lo L T10D NOT CM EXCEED i0 LtMWUU TEBRACKET SPACING. S. t2 L .3 z _ r 2 ; F^ Q U c M- ; TOP FL R 'x - - -- ' -" ? QETAIt, *A- a L?rv t- ' "AR 1, 2005 TnTPJ P.02 ??O?i261Z?00s?'17: 2f?:`fAY ?c.7?T39I858fl`a?ar, r,??,:M , t ? ,,J UanwN..?"rvri..? :-??lvusiuu5•°•.???.,?. ' -I#`:.2004269609 BK: 13681 PG 4, 07/02/2004 at 01:09 PM, RFAWING 3 PAGES $27.00 D Doc STAMP COLLECTI 130550.00 KARLEEN F. DE S CLERK OF COURT PINELZ.AS COUNTY, FL BY DEPUTY CLERK: CLKDM08 Return To: Robert F. Greene, Esq- Greene & Schermer 1301 - e Avenue W83L Suite 400 Bradenton. FL 34205 941-747-3025 Prepared by. MAR 10 2005 (D INA L Jorge Diaz-SilveiM Esquire Hogan & Hartsmr L.L.P. Mellon Financial Cuter Ill I Brickell Ave., Suite 1900 Miami, Florida 33131 SPECIAL WARRANTY DEED This Special Warranty Deed (this "Deed") is made on July 1, 2004 by and between: (i) LANE CLEARWATER LD&TED PARTNERSHIP, an Illinois limited partnership, having an address at 1200 Shermer Road, Northbrook. IL 60022 (the "Grantor-), and (ii) SUNSPREE GREEN, LLC, a Delaware limited liability company, leaving an address at 50 North Water Street, South Norwalk, CT 06854 (the "Grantee"). WITNESSETH: That for and in consideration of Ten Dollars ($10.00) and other good and valuable considemtion, the receipt of which is hereby acknowledged, Grantor does hereby grant, bargain, sell, convey and assign unto Grantee, its successors and assigns, in fee simple that certain parcel of land situate and being in Pinellas County, Florida, and being more particularly described in Exhibit A attached hereto and made a part hereof. TOGETHER WI M H all buildings, fixtures and other improvements located in or on said land, TOGETHER WITH all right, title and interest of Grantor in and to any rights, alleys, streets and ways, public and private, craters, riparian/littoral rights, accretions, easements, privileges, tenements, hereditaments and appurtenances belonging or appertaining thereto, SUBJECT TO, any and all covenants, easements and restrictions of record, and real estate taxes not yet due and payable, TO HAVE AND TO HOLD the property hereby conveyed unto the Grantee, its successors and assigns, for all purposes in fee simple forever, AND Grantor hereby covenants with Grantee and its heirs, legal representatives, successors and assigns that Grantor, at the time of the ensealing and delivery of these presents, is lawfully seized of said land in fee simple, and has good right, full power and lawful authority to grant. bargain, sell and convey said land, and hereby warrants the title to said land and will defend the same against the lawful claims of all persons claiming by, through or under the Grantor, but against no others. IN TESTIMONY WHEREOF, Grantor has caused this Deed to be duly executed on its behalf as of the day, month and year first above written. Wmc. 9,624wo r .1895" Y5 Description: Pineiias,FL Document-Book. Page 13681.344 Page: 1 of3 Order.- 1 Comment. vl/ GU/-GUVU '..1I : GO * 1'&A"d!'`-'5l L 1. ,"ODOU.'-... - ,PINEY,;,F,., COUNTY FL OFF. REG. (* 13681 PG 345 WTINIISS: By: !t . e a. SiA,.%J-rA- J:: 04 1 VA--A • I _ ?? CC/, STATE OF IA?? ) 1?- COUNTY OF ) GRANTOR: '-i :1Vtl1V,UlV 'NVYt•:°?: > .a?tQUU4y005?-'="?"° LANE CLEARWATER LUZTED PARTNERSHIP, an Illinois limited partnership Lane Properties, Inc., its sole general partner By _sl Name: Title: I, c undersigned, a Notary Public in and r the County and State aforesaid, do hereby certify that , as the duly authorized of Lane Properties, Inc., the general p er o Lane earwater Limited Partnership, an Blinois limited partnership, and who is personalty known to we , personally appeared before me and acknowledged this Deed to be the act of the above named limited partnership and that he signed and delivered the same as such. Given under my hand and official seat thi&12elday of ' , "OFFICIAL SEAL" ''Name: ws-f-J L +GN ?A- SUSAN PUCH7A Notary Public NOTAWPUl3t.1C STATE Of ILLINOIS My commission expires: fib- -?2oe My Cor aSSion ExpiteS 10/11/2007 0 R I G HNA L 0 2005 MAR I \\\W-8=91 Qi1-169"10.5 Description: Pinellas, FL Document-Book. Page 13681.344 Page: 2 of 3 Order. 1 Comment: P s z e t< 01126/2005-4T.129?FAX 7273918bbU JOHNSON'POPE l21005/005 PIMiLAS COUNTY FL OFF. REC.0 13681 PG 346 EXHIBIT "A" LEGAL DESCRIPTION Tract No. 1 • That part of Block D, BAYSIDE SHORES, as recorded in Plat Book 58, Pages 12 and 13, of the Public Records of Pinellas County, Florida, and adjacent land to the South described as follows: Beginning at the Northwest" comer of said Block D, and run thence S 770 46'02" E, 373.04 feet; thence along a curve to the right whose chord bears S 36°31'01" E, 362.64 feet, arc is 395.97 feet and radius is 275.00 feet for a Point of Beginning; thence N 77° 37'32" W. 167.56 feet; thence S 120 2228"W, 219.28 feet; thence S 541 52'17" E. 173.50 feet; thence N 120 22'28" E, 249.81 feet; thence S 77° 37'32" E, 10.0 feet; thence along a curve to the left whose chord bears N 080 33'13" E, 36.65 feet, arc is 36.68 feet and radius is 275.00 feet to the Point of Beginning. Tract No. 2 That part of Block D, BAYSIDE SHORES, as recorded in Plat Book 58, Pages 12 and 13, of the Public Records of Pinellas County, Florida, and adjacent land to the South described as follows: Beginning at the Northwesterly corner of said Block D, and run thence S 77° 46'02" E, 373.04 feet; thence along a curve to the right whose chord bears S 36 ° 31'01" E, 362.64 feet; arc is 395.97 feet and radius is 275.00 feet for a Point of Beginning; thence N 770 37'32" W, 167.56 feet; thence S 12° 22'28"W, 219.28 feet; thence N 540 52'17" W, 108.06 feet; thence N 45 ° 00'00" W, 79.0 feet; thence along a curve to the left whose chord bears N 53° 29'53" W, 157.04 feet, arc is 157.61 feet and radius is 531.33 feet; thence N 6110 5946!'W, 177.08 feet; thence N 120 4900" E, along the Westerly line of said Block D, and its Southerly extension 260.51 feet to the Point of Beginning. Tracts 1 and 2 above described comprise of all Lots 1 and 2, Block D, BAYSIDE SHORES, as recorded in Plat Book 58, Pages 12 and 13, of the Public Records of Pinellas County, Florida, plus adjacent lands lying to the South of said Lots 1 and 2. ALL THE ABOVE BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWESTERLY CORNER OF SAID LOT 1; THENCE S 12'4900" W, 260.51 FEET; THENCE S 61° 59'46" E, 177.08 TO A POINT OF CURVE; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT RADIUS 531.33 FEET, ARC 157.61 FEET, CHORD BEARING S 53° 29'53" E, 157.04 FEET TO A POINT OF TANGENCY; THENCE S 45° 00'00" E. 79.00 FEET; THENCE S 54° 5717" E. 281.56 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY OF CLEARWATER PASS AVENUE; THENCE N 120 2728" E, ALONG SAID RIGHT-OF-WAY 249.81 FEET; THENCE S 77137'32" E. 10.00 FEET TO A POINT ON A CURVE; THENCE ALONG THE ARC OF A CURVE TO THE LEFT CONCAVED TO THE WEST, RADIUS 275.00 FEET, ARC 432.65 FEET, CHORD BEARING N 32° 41'47" W, 389.39 FEET TO A POINT OF TANGENCY ON THE SOUTHERLY RIGHT-OF-WAY OF SOUTH GULFVIEW BLVD.; THENCE N 770 46'02" W, ALONG SAID RIGHT-OF-WAY 373.04 FEET TO THE POINT OF BEGINNING. ORIGINAL MAR 10 7r, Description: Pinelias,FL Document-Book. Page 13681.344 Page: 3 of 3 Order: 1 Comment: 01/26/2005' 1Y7 27 VAX 1273 5858`9 a. q '' °•`?"s-' ? ?7 cFs e?u?-? . ' S tr 2@ aa . 99-243774 .JLr -t999 3: 689 CC) GK tOGO I PO F INEL LAS ? ®??®???? , tt is Oar+.acst i'*cPt? ?! 844 rAtan W Joan P. Martin. Atty at L&- %3 2310 •a =d. 770 p T rawdin•sebcr: 08/29/15/17550/002ro011 tk."tat Tim 156-70-5443 Warranty Deed 22nd ?'> July . t9gg ..n . Between This indcaturc. \t-kdtis oration existing under the laws Of the r p HG Illinois corporation, a co grantor, dt state of Florida w M nt t.aN} ,t Kzystyna Brzezny, a single woman ?W*- a4Yo. n 6625 Say Street, Saint Petersbuzq Beach, FL 33105 vw «t Florida . Grantee. ' .t tltc t ~n «t Pinellas witne"eth *Asw(x..rt*L t.w _j -a.4 ---,-- trw.t_.ac TEN DOLLARS {510) ------------------ akx?t w U t- ?Ar Wtc%L k- ,nJ ..a.cr f?+'? ?wJ .aFtaM< :.w.Waesaw r..;KA. 'W w Lm4 F*1 M tJL%%T1+. Mc rtX" '0....a a d .e..et. ft a cr. 69 t."-wit tavnkd %" .atu e_ at l aauett, bweawAd 4" .d4 W Me •Md GIL%X f1.1: and lia.l?lT1:? bcw% . aL", ' "t Florida hwt ? Mat r n.c t'.?ata wt Pinellas s the Hest 110 feet thereof. Block B, COLDHSZA SCWXVISION, l es Lot 1, according to the map or plat thereof recorded in Plat Book 23, page 60, public Records of Pinellas County, Florida. ons and easements of record,. if vations 99$ Subject to restrictions, reser and taxes subsequent 11i an y, il" tSs2S:o3 132Xi i &- _ 1 iio? tED'I ZOIT &Leo 0 '' --- Ut 00 S 1EMUS l ti.i5o 0 a - 7 C SINP IO x.: :. ?.. MAL% u moa 0 OEOL n1T. Ct?i 4.00 iii. -' 2f a..t a.e trjnkw iK, lc,et•. %.a, w,n:aN n., auc 1. -t t,aL ..N ..n J.tcat d.. ..a..t ItJw.t IJw F.t .IJMt..N -0t nftvw. Mt,.wn..A1.1 in Witacas WheratGat t aat....+. _-o. . , w. r,mt w ,w,t a,c 4,....t w" tiN .w- .act, scaled and dclirercd in our pre.ence: HG Illinois Corporation Pero ?? A By. John Grdic, President d Name: ? pzlynte rtt wife.. t , ? ` i tness ; -..$i Psisetted Witness h'TATE OF Florida CDC'\MY OF 19 t. Me ?«a.r p.-M wa wLnwMyeN t.t- _'h.. 22.d t July , gg Florida- t t of HG Illinois Corpora?Ldn, id r'` en John Grdic, Pres Corporation, on behalf of the corporation .1 at.iur..a t ? >K„rt,,,.a,ih?n...n«.we.+?.e?..t+.•.t..t.sn.. Florida driver's li e a r a.rrAxr*t:etxra-T,:c=!:rtra.? pr' tad Name: -;•.,,.?..r. .•r',.?.. k-,wotary Public SZ^Jktl ORIGNA r Description: Pinellas,FL Document-Book. Page 10601.689 Page: 1 of 1 MAR 1 Q 2005 Order. 1 Comment: 0 0 SIk? r CITY OF CLEARWATER ?a APPLICATION FOR PLAT APPROVAL PLANNING & DEVELOPMENT SERVICES ADMINISTRATION MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTLE AVENUE, 2nd FLOOR PHONE (727)-562-4567 FAX (727) 562-4576 PROPERTY OWNER'S NAME Sunspree Green, LLC ADDRESS 50 North Water Street PHONE NUMBER (203) 354-5030 APPLICANT'S NAME Same as owner ADDRESS PHONE NUMBER FAX NUMBER AGENTNAME E. D. Armstrong III, Esquire Johnson, Pope, Bokor, Ruppel & Burns, LLP ADDRESS P- Q-- RON 196@, G-leaka;4ateip, P?6 94:75r, PHONE NUMBER 727-461^1818 FAXNUMBER : 727-462-0365 1, the undersigned, acknowledge that all STATE OF FLORIDA, COUNTY OF PINELLAS 17 ?of representations made in this application Sworn to and subscribed before me this are true and accurate to the best of my _ A.D., 2M_to me and/or knowiedby * p &015 1?i' DAh?s personally known to me exaires: )a ;:?.-••• !,?,c; yne E. Sears Ten (10) copies of the preliminary plat must be submitted. MYCOMMISSION # DD041066 EXPIRES September 2 2005 o.. BONDED TItRU IROY Fq?N ' The preliminary plat shall be prepared by a surveyor, architect, landscapehitect or engineer OraWll Mcale not smaller than 1: 100 and shall not exceed 24" X 36" and include the following information: NORTH ARROW, SCALE AND DATE; TITLE UNDER WHICH THE PROPOSED PLAT IS TO BE RECORDED; NAME, ADDRESS AND TELEPHONE NUMBER OF THE PERSON PREPARING THE PLAT; IDENTIFICATION CLEARLY STATING THAT THE DRAWING IS A PRELIMINARY PLAT; LEGAL DESCRIPTION OF THE PROPERTY WITH U.S. SURVEY SECTION, TOWNSHIP AND RANGE LINES; EXISTING AND PROPOSED RIGHTS-OF-WAY AND EASEMENTS; M/{t` AC} 10 2005 PROPOSED STREET NAMES; tJ(' NAMES, APPROPRIATELY POSITIONED, OF ADJOINING PLATS; Page I South Norwalk, CT 06854 FAX NUMBER : (203) 354-5060 ORIGINAL Planning and Development Services > 100 South Myrtle Avenue Y' ' rwate . Clearwater, Florida 33756 Telephone: 727-562-4567 Fax: 727-562-4576 ? SUBMIT ORIGINAL SIGNED AND NOTARIZED APPLICATION ? SUBMIT 1 COPY OF THE ORIGINAL APPLICATION Including folded site plan E CASE #: DATE RECEIVED: RECEIVED BY (staff initials):. ATLAS PAGE #: ZONING DISTRICT: LAND USE CLASSIFICATION: ZONING & LAND USE CLASSIFICATION OF ADJACENT PROPERTIES: NORTH: / SOUTH: / WEST: 1 EAST: / COMPREHENSIVE LANDSCAPE PROGRAM REQUIREMENTS (Revised 9/19/2001) D. APPLICANT, PROPERTY OWNER AND AGENT INFORMATION: (Code Section 4-1001) APPLICANT NAME: Sunspree Green, LLC MAILING ADDRESS: 50 North Water Street, South Norwalk, CT 06854 PHONE NUMBER: (203) 354.5030 FAX NUMBER: (203) 354-5060 PROPERTY OWNER(S): Same as applicant. (Must include ALL owners) AGENT NAME: (Contact Person) E. D. Armstrong III, Esquire Johnson, Pope, Bokor, Ruppel & Burns, LLP MAILING ADDRESS: P- 0_ Roar 116R., Clparwntprf FTC 117S7-1368 PHONE NUMBER: (-727)- 4611818 FAX NUMBER: (-727) 462-0365 The landscaping requirements of Article 3 Division 12 may be waived or modified as a part of a Level One or Level Two Approval, as the case may be, if the application for development approval includes a Comprehensive Landscape Program, which satisfies the following criteria. The use of landscape plans; sections/elevations, renderings and perspectives may be necessary as supplementary information in addition to the information provided on this worksheet: 1. Architectural Theme. MAR 10 2005 a. The landscaping in a Comprehensive Landscape Program shall be designed as a part of the architectural theme of the principal buildings proposed or developed on the parcel proposed for the oevplopment. See Exhibit "A;.' attached for legal description. See Exhibit "B" attached for responses to Items 1 through 5. i'acje 1 <,t 3 0 0 OR b. The design, character, location and/or materials of the landscape treatment proposed in the Comprehensive Landscape Program shall be demonstrably more attractive than landscaping otherwise permitted on the parcel proposed for development under the minimum landscape standards. 2. Lighting. Any lighting proposed as a part of a Comprehensive Landscape Program is automatically controlled so that the lighting is turned off when the business is closed. 3. Community Character. The landscape treatment proposed in the Comprehensive Landscape Program will enhance the community character of the City of Clearwater. ORIGINAL MAR 102005 p qz 2 of3 4. Property Values. The landscape treatment proposed in the Comprehensive Landscape Program will have a beneficial impact on the value of the property in the immediate vicinity of the parcel proposed for development. 5. Special Area or Scenic Corridor Plan. The landscape treatment proposed in the Comprehensive Landscape Program is consistent with any special area or scenic corridor plan which the City of Clearwater has prepared and adopted for the area in which the parcel proposed for development is located. ORIGINAL Please return checklist for review and verification. Date: 3 O j (Signature of applicant) E. D. Armstrong III, Esquire Representative S: application forms/development review/comprehensive landscape program application.doc Page 3 of 3 AFFIDAVIT TO AUTHORIZE AGENT: SUNSPREE GREEN LLC (Names of all property owners on deed - please PRINT full names) 1. That (I am/we are) the owner(s) and record title holder(s) of the following described property (address or general location): 715 South Gulfview Boulevard, Clearwater 2. That this property coristitutes the property for which a request for a: (describe request) Flexible development approval for a comprehensive infill redevelopment project, comprehensive landscape program and comprehensive sign program applications. 3. That the undersigned (haslhave) appointed and (does/do) appoint: E. D. Armstrong III, Esquire and Johnson, Pope, Bokor, Ruppel & Burns, LLP as (hisAheir) agent(s) to execute any petifions or other documents necessary to affect such petition; 4. That this affidavit has been executed to induce the City of Clearwater. F"a to consider and act on the above described property; 5. 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; 6. That (Uwe), the undersigned authority, hereby certify that the foregoing is true and correct. SUNSPREE 7,,q b./?--._. By: l Property Owner Property Owner Property Owner Property Owner STATE OF - - - - COUNTY OF Before me the undersigned, an officer duty commission y the laws of ?j State oEFb? r?xt?a on this a/.* day of ly?{ ?• JrIQ/_(? * who h ' g been first duly sworn January 20805 personalty appeared Deposes and says that he/she fully understands the contents of a affidavit that he/she signed. * as ?3???'?, ownsr of SUNS E GREEN LLC Notary Public My Commission Expires: Ir-LI -? -? - Notary Public -? w Fairfield Cty. CT My Commission Expires 5-31-08 5:Ipranning DepartmenfiApplication Formsldevelopment reviewbtexible development application 2005.doc MAR 10 2005 OR I G I NAL • EXHIBIT "A" 11 MAR 10 2005 LEGAL DESCRIPTION: 0 R G I N Tract No. 1 That part of Block D, BAYSIDE SHORES, as recorded in Plat Book 58, Pages 12 and 13, of the Public Records of Pinellas County, Florida, and adjacent land to the South described as follows: Beginning at the Northwesterly corner of said Block D, and run thence S77°46'02"E, 373.04 feet; thence along a curve to the right whose chord bears S36°31'01 "E, 362.64 feet; arc is 395.97 feet and radius is 275.00 feet for a Point of Beginning; thence N77°37'32"W, 167.56 feet; thence S12°22'28"W, 219.28 feet; thence S54°52'17"E, 173.50 feet; thence N12°22`28"E, 249.81 feet; thence S77°37'32"E, 10.0 feet; thence along a curve to the left whose chord bears N08°33'13"E, 36.65 feet, are is 36.68 feet and radius is 275.00 feet to the Point of Beginning. Tract No. 2 That part of Block D, BAYSIDE SHORES, as recorded in Plat Book 58, Pages 12 and 13, of the Public Records of Pinellas County, Florida, and adjacent land to the South described as follows: Beginning at the Northwesterly corner of said Block D, and run thence S77°46'02"E, 373.04 feet; thence along a curve to the right whose chord bears S36°31'01 "E, 362.64 feet; arc is 395.97 feet and radius is 275.00 feet for a Point of Beginning; thence N77°37'32" W, 167.56 feet; thence S12°22'28"W, 219.28 feet; thence N54°52'17"W, 108.06 feet; thence N45°00'00"W, 79.0 feet; thence along a curve to the left whose chord bears N53°29'53"W, 157.04 feet, arc is 157.61 feet and radius is 531.33 feet; thence N61 °59'46"W, 177.08 feet; thence N12°40'00"E, along the Westerly line of said Block D, and its Southerly extension 260.51 feet to the Point of Beginning. Tracts 1 and 2 above described comprise of all Lots 1 and 2, Block D, BAYSIDE SHORES, as recorded in Plat Book 58, Pages 12 and 13, of the Public Records of Pinellas County, Florida, plus adjacent lands lying to the South of said Lots 1 and 2. ALL THE ABOVE BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWESTERLY CORNER OF SAID LOT 1; THENCE S 12-40'00"W, 260.51 FEET; THENCE S61 °59'46"E, 177.08 TO A POINT OF CURVE; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT RADIUS 531.33 FEET, ARC 157.61 FEET, CHORD BEARING S53°29'53"E, 157.04 FEET TO A POINT OF P-j E TANGENCY; THENCE S45°00'00"E, 79.00 FEET; THENCE S54°52'17" E, 281.56 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY OF CLEARWATER PASS AVENUE; THENCE N12°2228"E, ALONG SAID RIGHT-OF-WAY 249.81 FEET; THENCE S77°3732"E, 10.00 FEET TO A POINT ON A CURVE; THENCE ALONG THE ARC OF A CURVE TO THE LEFT CONCAVED TO THE WEST, RADIUS 275.00 FEET, ARC 432.65 FEET, CHORD BEARING N32°41'47"W, 389.39 FEET TO A POINT OF TANGENCY ON THE SOUTHERLY RIGHT-OF-WAY OF SOUTH GULFVIEW BLVD.; THENCE N77°46'02"W, ALONG SAID RIGHT-OF- WAY 373.04 FEET TO THE POINT OF BEGINNING. OR I G I NA L MAR 10 NO Ir 0 0 EXHIBIT "B" TO COMPREHENSIVE LANDSCAPE PROGRAM APPLICATION SUNSPREE GREEN, LLC 715 South Gulfview Boulevard Simultaneously with the submittal of this request, the applicant has submitted an application for flexible development approval for a comprehensive infill redevelopment project in connection with its proposal for redevelopment of the site with a 149-unit condominium. The proposed development is described in detail in the applicant's flexible development application. Written Submittal Requirements ORIGIN MAR 10 zoos 1) Architectural Theme. a. The landscaping in a Comprehensive Landscape Program shall be designed as a part of the architectural theme of the principal buildings proposed or developed on the parcel proposed for the development. OR b. The design, character, location and/or materials of the landscape treatment proposed in the Comprehensive Landscape Program shall be demonstrably more attractive than landscaping otherwise permitted on the parcel proposed for development under the minimum landscape standards. The proposed landscape plan exceeds the minimum landscaping standards established by the City of Clearwater. The applicant requests relief to allow a landscape buffer abutting the right-of-way having a width which ranges from 5' to 20' where a 15' landscape buffer is required. 2) Lighting. Any lighting proposed as a part of a Comprehensive Landscape Program is automatically controlled so that the lighting is turned off when the business is closed. Many lights are essential to the health, safety and welfare of the residents, employees and passersby. The landscape treatment will include photocells and timers in order to reduce lighting during late-night hours. The applicant will have the ability to turn off certain landscape lights on the beach side if necessary for turtle nesting season. 0 0 3) Community Character. The landscape treatment proposed in the Comprehensive Landscape Program will enhance the community character of the City of Clearwater. The beautification of this site has a favorable impact on the community character due to its proximity and visibility from the Sand Key Bridge. 4) Property Values. The landscape treatment proposed in the Comprehensive Landscape Program will have a beneficial impact on the value of the property in the immediate vicinity of the parcel proposed for development. The level of landscape treatment proposed exceeds the code minimum standards and will create a beneficial impact on surrounding property values. 5) Special Area or Scenic Corridor Plan. The landscape treatment proposed in the Comprehensive Landscape Program is consistent with any special area or scenic corridor plan which the City of Clearwater has prepared and adopted for the area in which the parcel proposed for development is located. The proposed landscaping complies with Beach by Design guidelines and/or City requirements on all plantings on the site and proposed landscaping to be done by the applicant within the right-of-way. As shown on the plan, the applicant proposes to increase the native vegetation on the beachside of the site. 3/8/2005 5:37 PM .108146 #337187 v1 - Sunspree/Ex to Comp Landscape ORIGINAL MAR 10 2005 • RORIDA DESIGN CONSULTANTS, INC. Civil Engineering • Surveying • Transportation Planning & Engineering • Land Planning • Environmental • Landscape Architecture LC-26000206 January 31, 2005 Mr. Paul Bertels City Municipal Services Building Planning and Development Services 100 S. Myrtle Avenue, 2nd Floor Clearwater, FL 33756 RE: Sunspree Condominiums Dear Mr. Bertels: ORIGINAL MAR 14 2005 This letter is to document that the proposed redevelopment of the existing Holiday Inn Sunspree on Clearwater Beach into condominium units will result in a net reduction in traffic, and that a detailed traffic study is not required. The existing Holiday Inn is a fully functional hotel with 215 rooms for visitors. It is proposed to redevelop this property into the Sunspree Condominiums, which will contain 149 dwelling units. The existing Holiday Inn Sunspree will be demolished to allow this redevelopment, although it will remain in full operation until the time the Sunspree Condominium redevelopment commences. The number of trips generated by the existing hotel has been compared to the expected trip generation from the proposed condominium land use. This comparison has been completed using information for the Institute of Transportation Engineers (ITE) Information Report Trip Generation, 7a' Edition, 2003. The calculation for the trips generated. using the ITE land use codes (LUC) for the hotel and condominium units is summarized in Table 1, attached. As is indicated, the proposed condominium units are projected to generate fewer trips per day (901 verses 1,927), fewer trips in the A.M. peak hour (71 verses 139), and fewer trips in the P.M. (83 verses 134) than the existing hotel. Since the proposed project will generate fewer trips than the existing development we believe a more detailed traffic analysis is not required for this project. Ed Mazur O.C. Cabrera File 655-01-40-07 :pcmlK:\Holiday Inn Sunspree\Letters\bertels.doc 3030 Starkey Boulevard • New Port Richey, FL 34655 (727) 849-7588 • Fax: (727) 848-3648 • (800) 532-1047 vm w.fldesign.com J Table 1. Trip Generation AM Peak Hour PM Peak Hour Land Use ITE LUC Size Units Daily Inbound Outbound Total Inbound Outbound Total Hotel (Occupied Rooms) 310 216 Room 1,927 80 58 139 66 69 134 Condominium / Townhome 230 149 DU 901 12 59 71 56 28 83 O G) 0 MAR 10 2005 LICENSE 4A v4 #I THIS.LICENSE made this 4 ,h day of tGV crI? &9C? 0o cf- 1996, by and between the CITY OF CLEARWATER, FLORIDA, a Florida Municipal Corporation ("Licensor"), and LANE CLEARWATER, an Illinois Limited Partnership DB/A HOLIDAY INN SUNSPREE RESORT, having a principal business address at 715 South Gulf Boulevard, Clearwater Beach, Florida 34630 ("Licensee"); (Whenever used herein the term 'Licensor" and "Licensee" shall include all of the parties to this agreement and heirs. legal representatives and assigns of the individuals, and the successors and assigns of corporations) WITNESSETH: WHEREAS, on August 26, 1963 Licensor received and continues to possess a perpetual right-of-way easement to certain lands from the State of Florida, of which the License Premises herein described constitute a portion thereof, and, WHEREAS, Licensor presently holds said easement, including the License Premises, in a reserve status until such time as it may be required for public right-of-way purposes; and, WHEREAS, Licensee wishes to have said License Premises licensed to its non- exclusive use for the purposes of vehicle parking; and, WHEREAS, Licensor is agreeable to granting Licensee the privilege and non- - exclusive use of said premises for the puEposes of vehicle parking; NOW, THEREFORE, in consideration of the covenants herein contained, on the part of the Licensee to be kept and performed, the Licensor does hereby grant a non- exclusive parking License to the Licensee for the following described property, a sketch of which is attached hereto as EXHIBIT "A": Begin at the S.E. corner of Lot 2, Block D, BAYSIDE SHORES, as recorded in Plat Book 58, Pages 12 and 13 of the Public Records of Pinellas County, Florida; Thence run S. 77°37'32" East, 90.00 feet, along the southerly border of said subdivision; Thence run S. 120 22' 28" West, along the easterly line of a right-of-way easement for the Clearwater Pass Bridge, as recorded in O.R. Book 1763, Page 432, of said Public Records, 1545.18 feet, to a point on a seawall; Thence run northwesterly, along said seawall, 91.03 feet, more or less, to a point on the westerly line of said right-of-way easement; Thence run N. 12022'28" East, 153.60 feet to the POINT OF BEGINNING. Page 1 of 7 VA? MAR 10 2005 I? O TERM AND FEE g(?O TES LICENSE shall extend from the 1 st day of g _-19% ("Effective Date") for a primary term of five (5) years, with the Licensee paying therefoore the initial year annual license fee of Thirty-two Hundred and---No1100's---Dollars ($3,200.00), payable in advance in four quarterly installments of Eight Hundred and--- No/100's---Dollars ($800.00), plus applicable sales taxes, commencing upon the Effective Date hereof. The annual license fee to be paid for the remaining four (4) years of t1he primary license term shall be Thirty-six hundred and---Nol100's---Dollars ($3,600.00), payable in advance in four quarterly installments of Nine Hundred and---No/100's--- Dollars ($900.00), plus applicable sales taxes, commencing upon each anniversary of the Effective Date. In the event this License is extended beyond the primary term, as provided below, the annual license fee shall be adjusted at the end of each year, and each adjustment shall be based on the U.S. Department of Commerce "National Consumer Price Index" fbr all Urban Consumers, U.S. City Average (CPU-U") indicator, and shall be determined ]by dividing the CPI-U indicator from the most recently published January indicator prior to the adjustment date, by the CPI-U January indicator published one (1) year prior to t1he adjustment date, and multiply the resultant number by the yearly license fee amount of t1he most recent annual fee period. Provided, however, the new annual fee increase amoumt shall in no case be less than 3% or more than 5% of the most recent annual amount. OTHER CONSIDERATION Licensee further covenants with Licensor that it shall establish and at all times during the primary term hereof, or any extensions thereof, maintain public pedestrian access across Licensee's property to Licensor's right-of-way easement , said access being solely for the purposes of fishing, swimming, and beach usage by the general public. Licensee shall have the option to extend this License for a series of four (41) additional terms of five (5) years each so long as it has abided by the terms and conditions of the License and is not in default hereunder. In the event Licensee desires to extend the term of this License, Licensee shall give written notice to Licensor of such intention not less than one hundred twenty (120) days prior to termination of the primary term or any extension hereof. If timely notice is not provided to Licensor by Licensee as provided herein, all rights granted herein shall terminate and extinguish at 12:00 oclock midnight " the final day of the then current term. In the event Licensee exercises its option to extend this License, the annual fee therefore shall be adjusted as heretofore provided . Page 2 of "7 *ORIGINAL • I Mai 1 0 2005 USE AND MAINTENANCE Licensee covenants and agrees with Licensor that it shaU not use the license premises for any other purpose other than the non-exclusive right to park vehicles in conjunction with the operation of the Holiday Inn Sunspree Resort, which is owned and operated by Licensee on property contiguious to the license premises. Licensee further agrees that it shall make no unlawful, improper or offensive use of the license premises, and shall always maintain the premises in compliance with all applicable City of Clearwater codes; and shall quit and deliver up the said premises at the end of the primary term, or any extensions thereto, in as good condition as upon the Effective Date hereof, ordinary wear and tear excepted. Licensee shall make no improvements to the license premises, or otherwise encumber its license interest in the license premises, without the express written consent of duly authorized official(s) of Licensor. Nothing herein contained ,Shall be construed to require the Licensee to maintain the Licensor's bridge facility as it presently exists, or may exist in the future; within the public right-of-way of which the license premises are a part; nor shall Licensor be precluded from . utilizing any portion of the public right-of-way, including the license premises, for the purposes of providing either routine or extraordinary maintenance of the bridge facility as shall be determined necessary solely by Licensor. LIABILITY & INDEMNIFICATION Licensee agrees to assume all risks of the license premises and all liability therefore, and shall defend, indemnify, and hold harmless the Licensor, its officers, agents, and employees from and against any-and all loss, liaiblity and damages of whatever nature, to persons and property occasioned by Licensee's negligent or wilful misconduct, `including, without limiting the generality of the foregoing, death of any person and loss of the use of any property except arising from the negligence or willful misconduct of Licensor or Licensor's agents or employees. This includes, but is not limited to, matters arising out of or claimed to have been caused by or in any manner related to the license premises or Licensee's activities or those of any approved or unapproved invitee, contractor, subcontractor, or other person approved, authorized, or permitted by Licensee in or about the premises, whether or not based on negligence. INSURANCE Licensee shall procure and maintain during the primary term of this license, or any extension thereof, insurance as follows against claims for injuries to persons or damage to property which may arise from or in connection with this license: a. Minimum Scope of Insurance A Comprehensive General Liability Insurance policy covering the license premises and Licensee activities occurring thereon shall be obtained and maintained in force by Licensee. Page 3 of 7 ? ORIGINAL • M 1 0 2005 b. Minimum Limits of Insurance Comprehensive General Liability Insurance procured in accordance'with this article shall have minimum coverage limits of $500,000 Bodily Injury and $100,000 with respect to property damage arising out of any one (1) occurance. Such insurance policy shall be carried in a company licensed to do business in the State of Florida. c. Additional Named Insured. Each insurance policy issued as a requirement of this license shall name the City of Clearwater as additional insured. The coverage shall contain no special limitations on the scope of the protection afforded to the Licensor, its officers, employees or volunteers. d. Verification of Coverage. Licensee shall furnish the Licensor with Certificates of Insurance with all endorsements affecting coverage required by this article. These forms shall be approved by the Licensor's Risk Manager prior to execution of this License by authorized City officials. e. Maintenance of Coverage The insurance coverages and conditions afforded by the policies required hereby shall not be suspended, voided, cancelled or modified except after thirty (30) days prior written notice by certified nmil, return receipt requested, has been given to the City. f. "Blanket Policv". Licensee's obligation to carry the insurance provided herein may be brought within the coverage of a "blanket policy" of insurance carried and maintained by Licensee; providing, however, that the coverages afforded the Licensor shall not be reduced or diminished or otherwise be different from that which would have existed under a separate policy meeting all other requirements of this License. ENVIRONMENTAL RESPONSIBILITIES Licensee, at its expense, shall comply with all applicable Federal, State and Local environmental laws, and shall not allow the storage, use, disposal, or discharge by itself or others, of any contaminants or hazardous materials on or about the license premises. However, Licensee shall have no liability or responsibility for removal or remediation of any hazardous or toxic substances or underground storage tanks or any underground structures or conditions, if any, existing prior to the grant of this license, or coming onto the license premises by actions of parties other than Licensee, its agents, employees and invitees, during the term of this license. Page 4 of 7 • MAO 10 2005 DEFA ULT[I'ERMINATION This License may be terminated by the parties under the following circumstances and in the following manner: a.. By Licgnsor: This license is subject to termination by Licensor in the event of material default by Licensee in the performance of any of the terms, covenants or conditions of this License, and in the failure of Licensee to remedy, or undertake to remedy to Licensor's reasonable satisfaction, such default for a period of thirty (30) days after receipt of notice from Licensor to remedy same; or if Licensor's underlying easement is terminated in whole or in part for any reason; or should Licensor determine that a competing municipal need exists for the premises; or should Licensee vacate or abandon premises, or at such time as Licensor's easement rights are extinguised for any reason. In the event of any of the foregoing occurances, and delivery or mailing of Notice as above provided, all rights granted herein shall immediately extinguish and terminate, unless any time frame is provided to the contrary, and the License premises shall revert fully to Licensor as though this License had never been granted. b. By Licensee-.This license is subject to termination by Licensee in the event of material default by Licensor in the performance of any of the terms, covenants or conditions of this License, and in the failus of Licensor to remedy, or undertake to remedy to Licensee's reasonable satisfaction, such default for a period of thirty (30) days after receipt of notice from Licensee to remedy same. c. By Either Pally; Either party may terminate this license upon providing the other party not less than sixty (60) days written notice of its intent to terminate. Such notice shall be deemed to have been given when mailed, postage paid, or personally delivered. NOTICE Any notice shall be in writing and shall be delivered by hand or sent by United States Registered Mail, postage prepaid and addressed as follows: Licensor City Manager City of Clearwater P. O. Box 4748 Clearwater, Fl. 34618-4748 Licensee General Manager Holiday Inn Sunspree Resort 715 South Gulfview Boulevard Clearwater Beach, Fl. 34630 Page 5 of 7 E MAR 10 2005 Such addresses may be changed from time to time by either party by giving notice as provided above. Notice shall be deemed given when delivered (if delivered by hand), or when postmarked if sent U. S. Mail, certified, return receipt requested. DISCLAIMER OF WARRANTIES This License constitutes the entire agreement of the parties regarding the premises described herein, and may not be changed, modified or discharged except by vvritten amendment duly executed by both parties. Licensee agrees that no representations or warranties shall be binding upon Licensor unless expressed in writing herein or in a duly executed amendment hereof. Further, Licensor does not warrant and hereby disclaims any and all liability and responsibility for or on account of the condition of the premises, or any portions thereof, or for or on account of anything affecting such conditions. ASSIGNMENT This License, or any right or interest granted herein, may not be assigned, transferred or sub-licensed by Licensee without the consent of the Licensor, which shall not be unreasonably withheld. - -It is mutually understood that Licensor may, at any time, with notice, assign or delegate any or all of itrTights hereunder. IN WITNESS WHEREOF, the parties hereto have set their ands and seals this 144- day of (-k? , 1996. - Ca signed: 1P 7. ?R? JMA-V--?? Rita Garvey, Mayor-Commis tler CITY OF CLEARWATER, FLORIDA By:_ l ! Elizabet} . Dept la, City Managew a Attest: 0 1 &:L -z - B, ? Cynt 'a E. Gogj au, City Clerk Page. 6 of 7 0 0 Signed, sealed and delivered in the presence of .- fL WITNESS signature Type/Print witness' na e WITNESS si ture _AQr 5c h. dew Type/Print witness' name LANE CLEARWATER, an Illinois Limited Partnership, A& HOLIDAY INN SUNSEREE RESORL,., By: V-1 Print Name R: Title ( - La?t 1'f S ?F,rlfa? r,4 0. 00? Approved as to form and legal sufficiency: 7 Carassas, Assistant City Attorney Page 7 of 7 Al ' mil / f L?eenst?G A,REp'? f ' ? f ? ii t ? ' x 4 -1 1; , - - - - - - - - - - - - - - 1 1 ____ 1 1 t f' OA t gw 3 1 ? I 1. Lo ..__ - __-? 11 wRA kQ' wl:,rs.r".? =w?.. ?ii.!r:.e :MMV 7 = -- _ _ _ - I- - - C :M • 0 N C CgNS?? .air.#.1rs.??w VD. -NEW BRIDGE 1 1 n . ? ? \ rF \N r ry s, 1 ; V A p r c+ A 1 it { ti { 11 F t 1 • 0 • E E C ITY OF LEARWATER Posi Oreia Box 4748, CLFi mTu, Fmim 346184748 ENGINEERING ADMINISTRATION PHONE: (813) 562-4754 FAX: (813) 562-4755 October 9, 1996 ORIGINAL Mr. Vini Gupta, CHA General Manager Holiday Inn Sunspree Resort 715 South Gulfview Boulevard Clearwater Beach, Fl. 34630-2649 RE: License Agreement for parking Dear Mr. Gupta: MAR 10 2005 Enclosed herewith is a fully executed License whereby the City of Clearwater grants certain parking privileges to Lane Clearwater, Inc. as defined in the document. The license term is for five years commencing October 1, 1996 and terminating September 30, 2001 unless extended as provided in the agreement. I 'will have the City Finance Department prepare an invoice to be sent to your attention providing for the first quarterly license fee payment of $800.00 that is now due for October through December, 1996. You will be invoiced for three additional quarterly payments due on the 1st of January, April and July, 1997 in the sum of $800.00 each, and invoiced thereafter during the final four years of the License in the sum of $900.00 each quarter. Please arrange with your insurance provider to deliver the required Certificate of Insurance addressed as follows: Mr. Leo Schrader, Risk Manager, City of Clearwater, P. 0. Box 4748, Clearwater, Fl. 34618-4748. I thank you for your timely and professional assistance in finalizing this agreement. Please give me a call at any time should a question arise concerning its operation. Sincerely,. Earl Barrett . Real Estate Services Manager xc: Steve Moskun, Cash & Investment Manager Leo Schrader, Risk Manager r? DEC 2 0 1996 1 TO: EARL BARRETT, ENGINEERING J CITY OF CLEARWATER interdeportmentot Correspondence FROM: Susan Stephenson, Document & Records Supervisor COPIES: Finance SUBJECT: Pending Expiration/Action Required - Contract Item DATE: 12/18/1996 This is to inform you that the below listed item is approaching expiration. Please respond by returning a.copy of this notice indicating the status. If a response has not been received by 12/25/1996, a second notice will be sent. IF A RESPONSE DOES NOT RESULT IN A NEW EXPIRATION DATE, THE REMINDER MEMO WILL STILL BE ISSUED. Item requiring action: MONIES (REGULAR) DUE: $9"/QTR Party: LANE CLEARWATER/HOLIDAY INN SUNSPREE RESORT 715 S GULF BLVD - BAYSIDE SHORES BLK D LICENSE AGMT RE VEHICLE PARKING Due to City: 01/01/1997 • Tem .. ? u 3 &A CA ;W- 14 r % -led +.r 4&e.00vree .Z/Z,90 MAR 10 2005 ORIGINAL File No: 20-005-00 Eli/ 101?? Action taken: O Date; Has item been paid or finalized ? YES NO (circle one) NEW Expiration/Action date: -/-/? CITY OF C LEARWATER POST OFFICE Box 4748, CLEa ATER, FLoium 34618-4748 ORIGINAL Engineering Administration Phone: (813) 5624754 10 20 Fax: (813) 562-4755 January 21, 1997 Mr. Vini Gupta, CHA General Manager Holiday Inn Sunspree Resort 715 South Gulfview Boulevard Clearwater Beach, Fl. 34630-2649 RE: Quarterly license fee payment Dear Mr. Gupta: Enclosed are duplicates of City of Clearwater Invoice #42 for the quarterly license fee payment due for January - March, 1997 pursuant to the existing License Agreement for parking between the City and Lane Clearwater, Inc. Please return one copy with payment to my attention. It was an oversight that this invoice did not reach you before the January 1, 1997 due date. Our records are being updated to provide timely invoicing in the future. Again note that payment should be directed to my attention. I will see that it is properly credited. Please advise your office staff and agents; i.e., your insurance agent, to correspond directly with me on all matters relating to the license agreement, except any legal notice, which will still be directed to the City Manager. This reflects recent changes in procedures in order to improve our services. Sincerely, Earl Barrett Real Estate Services Mar,?',er cc: Mark Tedder, Accounting Clerk III 6) 1ORIGINAL I MAR 10 2006 City of Clearwater Invoice No. 42 P.O. Box 4748 Clearwater, Fl 34618-4748 INVOICE i- Customer Name HOLIDAY INN SUNSPREE RESORT Date 1/21/97 Address 715 SOUTH GULFVIEW BLVD Order No. City CLEARWATER State FL ZIP 34630-2649 Rep W.M. TEDDER Phone FOB Description Unit Price TOTAL 1 QUARTERLY PAYMENT FOR THE PERI00 - $800.00 $800.00 JANUARY THROUGH MARCH 1997. Remit payment to: City of Clearwater P.O. Box 4748 Clearwater, Fl 346184748 AT Earl Barrett subTotal $800.00 Payment Details Shipping b Handling $0.00 Q Cash Taxes $56.00 ® Check Q Credit Card TOTAL 3856.00 Name WA CC # Office Use Only Expires Parkin lease payment. Please reference invoice number or return a copy of this invoice with your payment. We appreciate your business and welcome the opportunity to serve you again. rit / tn/ zout 11: 08 o% s. ? c. • a• ? I; OR I I? I: fi I, i? ?i ?R??yy i ??yy RECg??rpp??E11??ED , AN Z'0 2005 IVUtiililu bw1w+• j UW.jj3 FAGS al OFFICE COPY ? Tn"TEEB Or THE IMMI, IMP OF Tn STATN OF FLO VMCW FUND a DEDICATION ISO. 23445 MEAT or THESE PRESXM, Thais the Trustees of the Internal Improvement Fund of the State of Florida, In pursuance of application and request made by the CITY OF CLUX#QTER, a municipal corporation of the state of Florida; in Resolution No. 61-4, adopted January 16. 1961 and Amended Rec olution so: 63-47, adopted May 20, 1963, for dedication of the lands hereinafter de- scribed, for public highway purposes, approved by the Trustees in meeting May 2, 1961, have dedicated, and by those presents do hereby dedicate, the following described lands in Pinellas County, f Florida, to-wit: Those submerged lands in Clearwater Pass (Little in Section 17, Township 29 South, Range 15 East, Pinellas County, Florida, lying between the mean high water marks on the southerly shore and northerly shor4 of said Clear- i water Pass within the following described area: Commence at the Sw corner of Section 17, Township 29 ' South. Range 15 East, Pinella thence Ns County, Florida, and run ) orth 2,069.23 feet; thence cast 2,540.85 feet i to the Northerly end of the South approach to Clearwater Pass Bridge, further described as being Station 128+53,86 and Pinellas County Coordinates North 1,316,569,95 and East 233,993.83 for P.O.D. of a 500 foot_permanent ease- } 1gent. whose centerline is the centei_jTh-e of sa Pass Bridge described as: thence along said cent er 1 nets; and a curve to the left whose chord bears North .7° 08• 32" East, 279.68 feet, arc length 279,93 feet and radius 1909.90 feet to point of tangency at Station 131+33.79; thence North 12 56' 36" east, 1616.28 feet to Station . perpetual easement; continue7thencenNorrths12 56' 36 tEast. 303.63 feet aloe the renter line of a 90 foot ?pa tual easement and the g center line of 'aid C rwa-er ass r g6,_tb end of said easement at Station 154D+ a 9"_ 53.70, Pinellas County Coordinates North 1,320,708.34. East 234,506.30 and the. Southerly terminus of Clearwater Pass Avenue as shown on plat of E Sayeide Shores as recorded in Plat Book 58, pages 12 and k 13, Public Records of Pinellas County, Floridat .L$SS a parcel of submerged land in Clearwater Pass (Little 1 Paso), being the U. S. Government Channel, said parcel of submerged land being described as follows: Begin at Station 11 1 44+49.87 on the centerline of the Bridge across clearwater Pass, 4,371-05, ig run Coordinate e Worth t 74North * 57' 238" West,00.08 feet; thence South 15" 02. 22" West 50.00 feet; thence North 74° 57' 38" West, 168.26 feet; thenc4 North 12° 56' 36" East, 400:27 feet; thence Soixth 740` T 38" East 1,82.90 feet, t thence South •15* 02' 22" west 50.00 feet; thence south 74' 57. 38" Seat 319.26 feet; thence South 120 $61 36" West 300.20 feet; thence North 74° 57' 38" West 250.16 feet to the Point of Beginning. CITY ATTORNEM-liff Vat 4UtZ OO 1•L: VU -?K 7275624755 Eta ? PACE 02 o.?. ' 17 3 iAsE 433 The above described land shall purposes only, under the supervision and Mbe used for ang Mont olbthe CITY OF CLEARNATER, subject to the following proviso ion, to-wits use In the event the said CITY of CUPARNATER shall fail to said land for public highway puoaes and for a period of five (5) consecutive years shall faiperiod d US* the same for said u oses l and neglect to maintain and at the option of said Trustees, bee su dedication bject to ter Mi anon uponl• sixty days notice in writing by the Trustees to said CITY. subscribed theirlnasna flea their TsealeandhBVe hereunto al of THE DEPARTXIT OF AGRICUMp OF have caused the sbeebereunto.aff x.d, at the Capitol, in the City OF FLORIDA to on this the 2 th day of August of Tallahassee, . A. n 1-2 1'?ees'? . Fund UFAL) "??'sy8tee?s I.I. Fund i (SEAL) (SELL) SEAL) SEAL) c ...G-?--???'-/ -amsnssioner of gyricu (SEAL) lture I As and Constituting the Trustees of the Internal Improvement Fund of the State of Florida. MAR 10 205 k ORIGINAL i t r '? ?\ *,,, f I r ? , ? x? 1 \?? rr ? 1 1 t t let ? -_ j In 1O n v? N I.0 tN r- 3D a -4 t) D V D V "o V 02 P,p r LEGEND ® • 71~mv rAvt.ENT 5161) WIT" It- % I;- iMIN, t OR"" FLAB AM TYt•E e L ICHT B - TYPS 1 OR TYPE II DAIIRICAOE OR DRUM twit" snAor SUMMINC LICHT AT MIC4T T/ - ._.._.IT .._.._.._t _..-. .. ? tl ji f tt 1j f i? tl 1j [? ?1 tt rt Ii 1 i 1 rl t, 1, , i I i f li ?1 II III (1 ?1 It ?1 t (? II ii ,I :? ,J it 11 l II tl ? i? (11 41 I . 1 1 t 1_, I 4: t t t t t / immD REC" MAR 1 0 2405 PLANNING DEPARTMENT CITY OF CL P °; ., S?t°J Receipt #: 1200500000000000613 Date: 02/07/2005 In Person Line Items: Case No Tran Code Description Revenue Account No Amount Paid PLT2005-00002 Preliminary Plat 010-341240 600.00 Line Item Total: $600.00 Payments: Method Payer Initials Check No Confirm No How Received Amount Paid Check JMC DESIGN & DEVELOPMENT DR 29322 In Person 300.00 INC Check JOHNSON,POPE,BOKOR,RUPPEL DR 5924 & BURNS LLP 17J 217/2005 4:31:47PM 300.00 Payment Total: $600.00 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. cRcceipt.rpt Page 1 of I 7 E PLT2005-00002 715 S GULFVIEW BLVD Date Received: 02/07/2005 SUNSPREE CONDOMINIUMS ZONING DISTRICT: T LAND USE: REH ATLAS PAGE: 285A PLANNER OF RECORD: WW CLWCoverSheet 0 0 FLD2005-01016 715 S GULFVIEW BLVD Date Received: 01/31/2005 SUNSPREE GREEN, LLC ZONING DISTRICT: T LAND USE: RFH ATLAS PAGE: 285A PLANNER OF RECORD: NOT ENTERED CLWCoverSheet 10 0 Wells, Wayne From: Jayne E. Sears [JayneS@jpfirm.com] Sent: Thursday, May 31, 2007 10:59 AM To: Wells, Wayne; Dougall-Sides, Leslie Cc: Robert Greene; Ed Armstrong; Ken Eckelkamp Subject: Marquesas/715 S. Gulfview/Corrective TDR Deed Deed.PDF Attached is a copy of the Corrective Special Warranty Deed, recorded in O.R. 15816, Page 642, assigning 3 residential dwelling units from Sandpearl to Marquesas. I believe this complies with the last of the zoning conditions to be addressed in connection with the permit application for 715 South Gulfview. 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 <<Deed. PDF>> 1 (<,ee. 0-35.60 0 This instrument was prepared by and t Robert F. Greene, Esquire Greene & Schermer 1301 6th Avenue West - Suite 400 Bradenton, Florida 34205 941-747-3025 c KEN BURKE, CLERK OF COURT PINELLAS COUNTY FLORIDA INST# 2007184489 06/30/2007 at 04:40 PM OFF REC BK: 15816 PG: 642645 DocType:DEED RECORDING: $35.50 D DOC STAMP: $0.70 CORRECTIVE SPECIAL WARRANTY DEED THIS INDENTURE is made on 2 _, 2007, between THE RESIDENCES AT SANDPEARL RESORT, LLC, a Florida limits liability company, ("Grantor"), and MARQUESAS, LLC, formerly known as SUNSPREE GREEN, LLC, a Delaware limited liability company, ("Grantee"), whose post office address Is 2201 Fourth Street North, Suite 200, St. Petersburg, Florida 33704. WITNESSETH: Grantor, for and in consideration of Ten Dollars ($10.00) and other good and valuable consideration to Grantor in hand paid, the receipt and sufficiency of which are hereby acknowledged, has granted, bargained and sold to Grantee, and Grantee's heirs, successors and assigns forever, the following described property situated in Pinellas County, Florida: Development rights comprised of 3 residential dwelling units currently allocated to the land described on Exhibit "A" attached hereto and incorporated herein (Sender Site), which are to be used in connection with the development of the land described on Exhibit "B" attached hereto and incorporated herein (Receiver Site). SUBJECT to applicable land use and zoning restrictions and to easements, reservations and restrictions of record, if any, which are specifically not reimposed or extended hereby, and to taxes for the year 2007 and subsequent years. Grantor does hereby fully warrant the title to the density transferred and will defend the same against the lawful claims of all persons claiming by, through or under Grantor. THIS CORRECTIVE SPECIAL WARRANTY DEED IS GIVEN TO CORRECT THE SPECIAL WARRANTY DEED RECORDED IN O.R. BOOK 14996, PAGE 2178, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA. THIS CORRECTIVE SPECIAL WARRANTY DEED IS BEING RECORDED TO CONFIRM THAT THE GRANTOR COVENANTS TO RESTRICT IN PERPETUITY THE SENDER SITE, AS DEFINED ABOVE, TO REFLECT THE LOSS OF 3 RESIDENTIAL DWELLING UNITS OF DENSITY, WHICH UNITS MAY NO LONGER BE USED OR DEVELOPED ON THE SENDER SITE. 9 & The tax parcel numbers for the aforedescribed property are set forth on Exhibits "A" and "B". The tax Identification number of the Grantee is 2.4?1 ' 10 9 Vzs`} IN WITNESS WHEREOF, the Grantor has hereunto set Grantor's hand and seal the day and year first above written. Signed, sealed and delivered in the presence of: Sign ure Print name Signature Gail M. Cooper Print name STATE OF FLORIDA COUNTY OF PINELLAS THE RESIDENCES AT SANDPEARL RESORT, LLC, a Florida limited liability company by its Managing Member: BY: CBR COMMUNITIES 11, LTD., a Florida limited partnership, by its General Partner: BY: JMC COMMUNITIES OF CLEARWATER VI, INC., a Florida rati n By: J. Mich Cheezem, Its Chi Executive Officer Address; 2201 Fourth Street North, Suite 200 St. Petersburg, FL 33704 The foregoing instrument was acknowledged before me this Z? day of ill&. , 2007, by J. Michael Cheezem, as the Chief Executive Officer of JMC COMMUNITIES OF CLEARWATER VI, INC., a Florida corporation, on behalf of the corporation, as the General Partner of CBR COMMUNITIES II, LTD., a Florida limited partnership on behalf of the limited partnership, as the Managing Member of THE RESIDENCES AT SANDPEARL RESORT, LLC, a Florida limited liability company on behalf of the limited liability company, who [is personally known to me] [has produced as identification]. ONL M. COOPER I', Notary Public ,,: MY COMMISSION tDO5074R^ f Print name: Gail M. Cooper 1-1N I EXPIRES: May 14, 2010 .m 6aid10 Nu No" Pubic Unisr..:: #405885 v2 - Marquesas/Sandpearl Corrective TOR Deed My Commission Expires: Y11,41 ZC 1 c -2- 0 0 EXHIBIT "A" SENDER SITE: Address: 470 Mandalay Avenue, Clearwater, FL 33767 Parcel No.: 08/29/15/16398/000/0430,08/29/15116398/000/0060, 08/29/15116398/000/0090, 08/29/15/16398/000/0490, 08129/15116398/000/0530, 08/29/151163981000/0010 Legal Description: Lot 1, Block 2, Sandpearl as per plat thereof recorded in Plat Book 129, Page 89 of the Public Records of Pinellas County, Florida. 0 - 0 EXHIBIT "B" RECEIVER SITE: Address: 715 South Gulfview Boulevard, Clearwater Beach, Florida Parcel No.: 17/29/15/05076/004/0010 Legal Description: Tract No. 1 That part of Block D, BAYSIDE SHORES, as recorded in Plat Book 58, Pages 12 and 13, of the Public Records of Pinellas County, Florida, and adjacent land to the South described as follows: Beginning at the Northwesterly corner of said Block D, and run thence S 77' 46102" E, 373.04 feet; thence along a curve to the right whose chord bears S 36°31'01" E, 362.64 feet; arc is 395.97 feet and radius is 275.00 feet for a Point of Beginning; thence N 77' 37132" W, 167.56 feet; thence S 12' 22'28" W, 219.28 feet; thence S 54' 52'17" E, 173.50 feet; thence N 12' 22128" E, 249.81 feet; thence S 77' 37'32" E, 10.0 feet; thence along a curve to the left whose chord bears N 08' 33113" E, 36.65 feet, arc is 36.68 feet and radius is 275.00 feet to the Point of Beginning. Tract No. 2 That part of Block D, BAYSIDE SHORES, as recorded in Plat Book 58, Pages 12 and 13, of the Public Records of Pinellas County, Florida, and adjacent land to the South described as follows: Beginning at the Northwesterly corner of said Block D, and run thence S 77' 46'02" E, 373.04 feet; thence along a curve to the right whose chord bears S 36' 31'01" E, 362.64 feet; arc is 395.97 feet and radius is 275.00 feet for a Point of Beginning; thence N 77' 37132" W, 167.56 feet; thence S 12' 22128" W, 219.28 feet; thence N 54' 52117" W, 108.06 feet; thence N 45' 00'00" W, 79.0 feet; thence along a curve to the left whose chord bears N 53' 29'53" W, 157.04 feet, arc is 157.61 feet and radius is 53133 feet; thence N 61' 59'46" W, 177.08 feet; thence N 12' 40100" E, along the Westerly line of said Block D, and its Southerly extension 260.51 feet to the Point of Beginning. Tracts 1 and 2 above described comprise of all Lots 1 and 2, Block D, BAYSIDE SHORES, as recorded in Plat Book 58, Pages 12 and 13, of the Public Records of Pinellas County, Florida, plus adjacent lands lying to the South of said Lots 1 and 2. ALL THE ABOVE BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWESTERLY CORNER OF SAID LOT 1; THENCE S 12' 40'00" W, 260.51 FEET; THENCE S 61' 59'46" E, 177.08 TO A POINT OF CURVE; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT RADIUS 531.33 FEET, ARC 157.61 FEET, CHORD BEARING S 53' 29'53" E, 157.04 FEET TO A POINT OF TANGENCY; THENCE S 45' 00'00" E, 79.00 FEET; THENCE S 54.52'17" E, 281.56 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY OF CLEARWATER PASS AVENUE; THENCE N 12' 22'28" E, ALONG SAID RIGHT-OF-WAY 249.81 FEET; THENCE S 77' 37132" E, 10.00 FEET TO A POINT ON A CURVE; THENCE ALONG THE ARC OF A CURVE TO THE LEFT CONCAVED TO THE WEST, RADIUS 275.00 FEET, ARC 432.65 FEET, CHORD BEARING N 32.41'47" W, 389.39 FEET TO A POINT OF TANGENCY ON THE SOUTHERLY RIGHT-OF-WAY OF SOUTH GULFVIEW BLVD.; THENCE N 77' 46'02" W, ALONG SAID RIGHT-OF-WAY 373.04 FEET TO THE POINT OF BEGINNING. I V 0 0 Wells, Wayne From: Jayne E. Sears [JayneS@jpfirm.com] Sent: Thursday, May 31, 2007 10:59 AM To: Wells, Wayne; Dougall-Sides, Leslie Cc: Robert Greene; Ed Armstrong; Ken Eckelkamp Subject: Marquesas/715 S. Gulfview/Corrective TDR Deed Deed.PDF Attached is a copy of the Corrective Special Warranty Deed, recorded in O.R. 15816, Page 642, assigning 3 residential dwelling units from Sandpearl to Marquesas. I believe this complies with the last of the zoning conditions to be addressed in connection with the permit application for 715 South Gulfview. 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 <<Deed. PDF>> 1 A_ F.;: Marquesas Declaration PIs 35 9 Page 1 of 5 Wells, Wayne From: Ken Eckelkamp [ken@jmcdev.com] Sent: Wednesday, May 30, 2007 8:45 AM To: Wells, Wayne Subject: RE: Marquesas Declaration Page 35 Thanks Wayne, I'll drop them off today. Ken From: Wayne.Wells@myClearwater.com [mailto:Wayne.Wells@myClearwater.com] Sent: Wednesday, May 30, 2007 7:31 AM To: Ken Eckelkamp Subject: RE: Marquesas Declaration Page 35 Too many emails generally to respond to. If they are revised plans, they need to get submitted to the Building Department so that we can review the changes and change our comments as appropriate. As to the storage cabanas and the Condo docs, John Hobach at last weeks pre-CO meeting indicated that the Condo docs only related to the south side. There are storage cabanas at the hotel, which is not part of the condo. Possibly a deed restriction or other recordable document is necessary for the hotel side. -----Original Message----- From: Ken Eckelkamp [mailto:ken@jmcdev.com] Sent: Thursday, May 24, 2007 10:00 AM To: Wells, Wayne Subject: RE: Marquesas Declaration Page 35 Yes, page 35 will apply to both the Hotel and Condominium. As far as Marquesas, I have the remaining few responses for you to review (see below). Is there a good time next week when I could drop them off to you? I know Jayne is working with you on the last two comments for the Marquesas site work permit also. • ADA requires 8'-2" clearances on parking level 1 sealed letter from the architect acknowledging this. • Condensing unit in guardhouse to be above BFE has already submitted revised sheets to the City. • Document that at least 60% of elevation is covered in glass/arch details from the architect for you. Thanks for all your help, Ken Eckelkamp I have a signed a Mechanical engineer I have new sheets 5/31/2007 FV,: Marquesas Declaration Pis 35 . Page 2 of 5 From: Wayne.Wells@myClearwater.com [maiIto: Wayne.Wells@myClearwater.com] Sent: Wednesday, May 23, 2007 7:22 PM To: Ken Eckelkamp Subject: RE: Marquesas Declaration Page 35 Ken - I have shown as "met" the condition for Sandpearl (actually BCP2005-08579) for the storage cabanas. The following conditions are still "not met" for this permit: 1. Comply with the condition of approval under FLD2004-09068: "That a condominium plat be recorded prior to the issuance of the first Certificate of Occupancy;" 2. Prior to the issuance of the Certificate of Occupancy, submit a copy of the recorded Covenant Regarding Trip Generation Management Program, as provided for in Exhibit E of the Development Agreement DVA2004-00005. Does this Page 35 of the Condo Doc apply to both the hotel side as well as the residential side at 470 Mandalay Avenue, as I have a similar C. of O. condition on BCP2005-05442? As for the Marquesas project, I have shown as "met" the comment regarding the electrical sheet (Permit BCP2006-09427). Thanks. Wayne -----Original Message----- From: Ken Eckelkamp [mailto:ken@jmcdev.com] Sent: Tuesday, May 22, 2007 4:38 PM To: Wells, Wayne Subject: RE: Marquesas Declaration Page 35 Wayne, Here is the page from the condominium documents for Sandpearl ( BCP2004-09068) that talks about the cabanas and their use. I didn't realize you still had a condition on Sandpearl C.O. for this item. If you could please remove it I would appreciate it. Also, I noticed you still have this item as "not met" under the Marquesas project (BCP2006-09427) Thanks for your help, Ken Eckelkamp From: Wayne.Wells@myClearwater.com [mailto:Wayne.Wells@myClearwater.com] Sent: Thursday, April 26, 2007 4:05 PM To: Ken Eckelkamp Subject: RE: Marquesas Declaration Page 35 Ken - Oops, too many projects being discussed in the office. I was referring to Sandpearl (Permit #, which has a similar C. of O. condition. I have fixed Sandpearl to show this comment as still "not met". 5/31/2007 FW: Marquesas Declaration P*35 0 Page 3 of 5 1 have shown for the Marquesas project the same comment as being "met" under BCP2006-09427. Wayne -----Original Message----- From: Ken Eckelkamp [mailto:ken@jmcdev.com] Sent: Thursday, April 26, 2007 2:55 PM To: Wells, Wayne Subject: RE: Marquesas Declaration Page 35 Do you mean for the Marquesas building review comment under zoning? # BCP2006- 09427 From: Wayne.Wells@myClearwater.com [mailto:Wayne.Wells@myClearwater.com] Sent: Thursday, April 26, 2007 1:35 PM To: Ken Eckelkamp Subject: RE: Marquesas Declaration Page 35 I have shown the Certificate of Occupancy condition for this comment as "met" for the hotel building permit. -----Original Message----- From: Ken Eckelkamp [mailto:ken@jmcdev.com] Sent: Thursday, April 26, 2007 1:21 PM To: Wells, Wayne Cc: Garriott, Kevin Subject: RE: Marquesas Declaration Page 35 We will Thank you very much, Ken From: Wayne.Wells@myClearwater.com [mailto:Wayne.Wells@myClearwater.com] Sent: Thursday, April 26, 2007 1:02 PM To: Ken Eckelkamp Cc: Kevin.Garriott@myClearwater.com Subject: RE: Marquesas Declaration Page 35 FYI -----Original Message----- From: Garriott, Kevin Sent: Thursday, April 26, 2007 12:17 PM To: Wells, Wayne Subject: RE: Marquesas Declaration Page 35 Should be ok as long as they monitor their residents. -----Original Message----- From: Wells, Wayne 5/31/2007 FW: Marquesas Declaration P*35 • Page 4 of 5 Sent: Tuesday, April 24, 2007 2:22 PM To: 'Ken Eckelkamp' Cc: Garriott, Kevin Subject: Marquesas Declaration Page 35 Ken - I am forwarding this response to Kevin Garriott for comment. Wayne -----Original Message----- From: Ken Eckelkamp [mailto:ken@jmcdev.com] Sent: Tuesday, April 24, 2007 2:18 PM To: Wells, Wayne Subject: RE: Marquesas Declaration Page 35 Wayne, That is correct, the outlets and ceiling fans (if any) are located above the B.F.E. We have already filed these documents with the State and HUD. They are difficult to change at this point since they have been approved and we have been selling units. We used the same wording that was approved during our permit review at Mandalay Beach Club. I hope it's ok! Ken From: Wayne.Wells@myClearwater.com [mailto:Wayne.Wells@myClearwater.com] Sent: Tuesday, April 24, 2007 1:58 PM To: Ken Eckelkamp Cc: jaynes@jpfirm.com; Kevin.Garriott@myClearwater.com Subject: Marquesas Declaration Page 35 Ken - I just talked to Kevin Garriott. Kevin is presuming that any ceiling fan and electrical outlets are above BFE. He suggests the following changes to Section 17.13 (new language underlined, except for title): Storage Cabanas. No exterior interior or structural alterations to the cabanas/beach storage shall be made without the approval of the Board of Directors. Maintenance, repair and replacement of storage cabanas shall be at the sole expense of the Unit Owner(s) to which the storage cabana has been assigned. There will be no exterior antennas, satellite dishes, cable or telephone hook-ups to the storage cabanas. No air-conditioning or heating system may be installed in storage cabanas. Ceiling fans are permitted. Storage cabanas may not be used for overnight accommodations or for any use other than storage. No pet shall be permitted... Wayne 5/31/2007 F A,: Marquesas Declaration P*35 0 Page 5 of 5 -----Original Message----- From: Ken Eckelkamp [mailto:ken@jmcdev.com] Sent: Thursday, April 19, 2007 4:08 PM To: Wells, Wayne Subject: FW: Marquesas Declaration Page 35 Wayne, Re: Your Comment on the Marquesas building plan review Here is the Declaration page from the Marquesas Condominium documents that talks about the Cabanas and their use. I gave a copy to Kevin G. to give to you at our last meeting. Ken Eckelkamp JMC Communities, Inc Item 17.13 of the Declaration (Section 17 is the "Use Restrictions"). <<Marquesas Dec Page 35.pdf>> JMC COMMUNITIES Together, building enduring lifestyles, rich in spirit, on a foundation of integrity. 5/31/2007 Message is 0 Page 1 of 1 Wells, Wayne From: Jayne E. Sears [JayneS@jpfirm.com] Sent: Friday, May 25, 2007 2:45 PM To: Dougall-Sides, Leslie Cc: Wells, Wayne; Akin, Pam; Ed Armstrong; Robert Greene; Ken Eckelkamp; Delk, Michael Subject: Marquesas/Sandpearl Corrective TDR Deed We have revised the deed as you requested. Attached is the final deed which is being executed. I will have it recorded next week and provide Wayne with a copy of the recorded document. Everyone, have a happy and safe Memorial weekend. 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 5/31/2007 Message 0 • Page 1 of 1 Wells, Wayne From: Dougall-Sides, Leslie Sent: Friday, May 25, 2007 11:49 AM To: 'Jayne E. Sears; Wells, Wayne Cc: Akin, Pam; Delk, Michael; Ed Armstrong; Robert Greene; Ken Eckelkamp Subject: RE: Marquesas/Sandpearl Corrective TDR Deed It would be best if the Grantor "covenants to restrict in perpetuity..."; however, mindful of the difficulties in changing terms at this point, if this is the best language alternative I am o.k. with it as written. 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: Jayne E. Sears [mailto:JayneS@jpfirm.com] Sent: Thursday, May 24, 2007 9:38 AM To: Dougall-Sides, Leslie; Wells, Wayne Cc: Akin, Pam; Delk, Michael; Ed Armstrong; Robert Greene; Ken Eckelkamp Subject: Marquesas/Sandpearl Corrective TDR Deed Importance: High Attached for your review is a proposed corrective TDR deed from the Sandpearl site to the Marquesas site. If this will satisfy your zoning conditions of approval on Marquesas, we will have it executed and recorded ASAP. We need to accomplish this within the next few business days, as Sandpearl has some upcoming closings at the beginning of June. Accordingly, we would appreciate your fast review and comments. Thanks. 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 5/25/2007 N Massage 0 0 Page 1 of 1 Wells, Wayne From:. Jayne E. Sears [JayneS@jpfirm.com] Sent: Thursday, May 24, 2007 9:38 AM To: Dougall-Sides, Leslie; Wells, Wayne Cc: Akin, Pam; Delk, Michael; Ed Armstrong; Robert Greene; Ken Eckelkamp Subject: Marquesas/Sandpearl Corrective TDR Deed Importance: High Attached for your review is a proposed corrective TDR deed from the Sandpearl site to the Marquesas site. If this will satisfy your zoning conditions of approval on Marquesas, we will have it executed and recorded ASAP. We need to accomplish this within the next few business days, as Sandpearl has some upcoming closings at the beginning of June. Accordingly, we would appreciate your fast review and comments. Thanks. 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 5/25/2007 • This instrument was prepared by and return to: Robert F. Greene, Esquire Greene & Schermer 1301 6th Avenue West - Suite 400 Bradenton, Florida 34205 941-747-3025 • CORRECTIVE SPECIAL WARRANTY DEED THIS INDENTURE is made on , 200S2007, between THE RESIDENCES AT SANDPEARL RESORT, LLC, a Florida limited liability company, ("Grantor"), and MARQUESAS, LLC, formerly known as SUNSPREE GREEN, LLC, a Delaware limited liability company, ("Grantee"), whose post office address is 50 North Water Street, South Norwalk, CT 06854. WITNESSETH: Grantor, for and in consideration of Ten Dollars ($10.00) and other good and valuable consideration to Grantor in hand paid, the receipt and sufficiency of which are hereby acknowledged, has granted, bargained and sold to Grantee, and Grantee's heirs, successors and assigns forever, the following described property situated in Pinellas County, Florida: Development rights comprised of 3 residential dwelling units currently allocated to the land described on Exhibit "A" attached hereto and incorporated herein (Sender Site), which are to be used in connection with the development of the land described on Exhibit "B" attached hereto and incorporated herein (Receiver Site). SUBJECT to applicable land use and zoning restrictions and to easements, reservations and restrictions of record, if any, which are specifically not reimposed or extended hereby, and to taxes for the year 2006 2007 and subsequent years. Grantor does hereby fully warrant the title to the density transferred and will defend the same against the lawful claims of all persons claiming by, through or under Grantor. THIS CORRECTIVE SPECIAL WARRANTY DEED IS BEING RECORDED TO CONFIRM THAT THE SENDER SITE AS DEFINED ABOVE, IS HEREBY RESTRICTED IN PERPETUITY TO REFLECT THE LOSS OF 3 RESIDENTIAL DWELLING UNITS OF DENSITY, WHICH UNITS MAY NO LONGER BE USED OR DEVELOPED ON THE SENDER SITE. The tax parcel numbers for the aforedescribed property are set forth on Exhibits "A" and "B". The tax identification number of the Grantee is 0 0 IN WITNESS WHEREOF, the Grantor has hereunto set Grantor's hand and seal the day and year first above written. Signed, sealed and delivered in the presence of: THE RESIDENCES AT SANDPEARL RESORT, LLC, a Florida limited liability company by its Managing Member: BY: CBR COMMUNITIES 11, LTD., a Florida limited partnership, by its General Partner: BY: JMC COMMUNITIES OF CLEARWATER VI, INC., a Florida corporation Signature Print name Signature Print name STATE OF FLORIDA COUNTY OF PINELLAS By: J. Michael Cheezem, Its Chief Executive Officer The foregoing instrument was acknowledged before me this day of 20062007, by J. Michael Cheezem, as the Chief Executive Officer of JMC COMMUNITIES OF CLEARWATER VI, INC., a Florida corporation, on behalf of the corporation, as the General Partner of CBR COMMUNITIES 11, LTD., a Florida limited partnership on behalf of the limited partnership, as the Managing Member of THE RESIDENCES AT SANDPEARL RESORT, LLC, a Florida limited liability company on behalf of the limited liability company, who [is personally known to me] [has produced as identification]. Notary Public Print name: My Commission Expires: #405885 v1 - Marquesas/Sandpearl Corrective TDR Deed -2- 0 0 EXHIBIT "A" SENDER SITE: Address: 470 Mandalay Avenue, Clearwater, FL 33767 Parcel No.: 08/29115/16398/000/0430, 08/29/15/16398/000/0060, 08/29/15/16398/000/0090, 08/29/15/16398/000/0490, 08/29/15/16398/000/0530, 08/29/15/16398/000/0010 Legal Description: Lot 1, Block 2, Sandpearl as per plat thereof recorded in Plat Book 129, Page 89 of the Public Records of Pinellas County, Florida. r • EXHIBIT "B" RECEIVER SITE: Address: 715 South Guifview Boulevard, Clearwater Beach, Florida Parcel No.: 17/29/15/05076/004/0010 Legal Description: Tract No. 1 That part of Block D, BAYSIDE SHORES, as recorded in Plat Book 58, Pages 12 and 13, of the Public Records of Pinellas County, Florida, and adjacent land to the South described as follows: Beginning at the Northwesterly corner of said Block D, and run thence S 77° 46'02" E, 373.04 feet; thence along a curve to the right whose chord bears S 36°31'01" E, 362.64 feet; arc is 395.97 feet and radius is 275.00 feet for a Point of Beginning; thence N 77° 37'32" W, 167.56 feet; thence S 12° 22'28" W, 219.28 feet; thence S 54° 52'17" E, 173.50 feet; thence N 12° 22'28" E, 249.81 feet; thence S 77° 37'32" E, 10.0 feet; thence along a curve to the left whose chord bears N 08° 33'13" E, 36.65 feet, arc is 36.68 fed and radius is 275.00 feet to the Point of Beginning. Tract No. 2 That part of Block D, BAYSIDE SHORES, as recorded in Plat Book 58, Pages 12 and 13, of the Public Records of Pinellas County, Florida, and adjacent land to the South described as follows: Beginning at the Northwesterly corner of said Block D, and run thence S 77° 46'02" E, 373.04 feet; thence along a curve to the right whose chord bears S 36 ° 31'01" E, 362.64 fed; arc is 395.97 feet and radius is 275.00 feet for a Point of Beginning; thence N 77° 37'32" W, 167.56 feet; thence S 12° 2228" W, 219.28 feet; thence N 54° 52'17" W, 108.06 feet; thence N 45 ° 00'00" W, 79.0 fed; thence along a curve to the left whose chord bears N 53° 29'53" W, 157.04 feet, arc is 157.61 feet and radius is 531.33 feet; thence N 61° 59'46" W, 177.08 feet; thence N 12° 40'00" E, along the Westerly line of said Block D, and its Southerly extension 260.51 feet to the Point of Beginning. Tracts 1 and 2 above described comprise of all Lots 1 and 2, Block D, BAYSIDE SHORES, as recorded in Plat Book 58, Pages 12 and 13, of the Public Records of Pinellas Canty, Florida, plus adjacent lands lying to the South of said Lots 1 and 2. ALL THE ABOVE BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWESTERLY CORNER OF SAID LOT 1; THENCE S 12°40'00" W, 260.51 FEET; THENCE S 61°59'46" E, 177.08 TO A POINT OF CURVE; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT RADIUS 531.33 FEET, ARC 157.61 FEET, CHORD BEARING S 53-29,53" E, 157.04 FEET TO A POINT OF TANGENCY; THENCE S 45°00'00" E, 79.00 FEET; THENCE S 54° 52'17" E, 281.56 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY OF CLEARWATER PASS AVENUE; THENCE N 12°22'28" E, ALONG SAID RIGHT-OF-WAY 249.81 FEET; THENCE S 77° 37'32" E, 10.00 FEET TO A POINT ON A CURVE; THENCE ALONG THE ARC OF A CURVE TO THE LEFT CONCAVED TO THE WEST, RADIUS 275.00 FEET, ARC 432.65 FEET, CHORD BEARING N 32- 41'47" W, 389.39 FEET TO A POINT OF TANGENCY ON THE SOUTHERLY RIGHT-OF-WAY OF SOUTH GULFVIEW BLVD.; THENCE N 77°46'02" W, ALONG SAID RIGHT-OF-WAY 373.04 FEET TO THE POINT OF BEGINNING. FWyMarquesas Declaration Page 35 Page 1 of 4 0 Wells, Wayne From: Wells, Wayne Sent: Wednesday, May 23, 2007 7:22 PM To: 'Ken Eckelkamp' Subject: RE: Marquesas Declaration Page 35 Ken - I have shown as "met" the condition for Sandpearl (actually BCP2005-08579) for the storage cabanas. The following conditions are still "not met" for this permit: 1. Comply with the condition of approval under FLD2004-09068: "That a condominium plat be recorded prior to the issuance of the first Certificate of Occupancy;" 2. Prior to the issuance of the Certificate of Occupancy, submit a copy of the recorded Covenant Regarding Trip Generation Management Program, as provided for in Exhibit E of the Development Agreement DVA2004-00005 Does this Page 35 of the Condo Doc apply to both the hotel side as well as the residential side at 470 Mandalay Avenue, as I have a similar C. of O. condition on BCP2005-05442? As for the Marquesas project, I have shown as "met" the comment regarding the electrical sheet (Permit BCP2006-09427). Thanks. Wayne -----Original Message----- From: Ken Eckelkamp [mailto:ken@jmcdev.com] Sent: Tuesday, May 22, 2007 4:38 PM To: Wells, Wayne Subject: RE: Marquesas Declaration Page 35 Wayne, Here is the page from the condominium documents for Sandpearl ( BCP2004-09068) that talks about the cabanas and their use. I didn't realize you still had a condition on Sandpearl C.O. for this item. If you could please remove it I would appreciate it. Also, I noticed you still have this item as "not met" under the Marquesas project (BCP2006-09427) Thanks for your help, Ken Eckelkamp From: Wayne.Wells@myClearwater.com [mailto:Wayne.Wells@myClearwater.com] Sent: Thursday, April 26, 2007 4:05 PM To: Ken Eckelkamp Subject: RE: Marquesas Declaration Page 35 Ken - Oops, too many projects being discussed in the office. I was referring to Sandpearl (Permit #, which has a similar C. of O. condition. I have fixed Sandpearl to show this comment as still "not met". 5/23/2007 FW: Marquesas Declaration Page 35 Page 2 of 4 I have shown for the Marquesas project the same comment as being "met" under BCP2006-09427. Wayne -----Original Message----- From: Ken Eckelkamp [mailto:ken@jmcdev.com] Sent: Thursday, April 26, 2007 2:55 PM To: Wells, Wayne Subject: RE: Marquesas Declaration Page 35 Do you mean for the Marquesas building review comment under zoning? # BCP2006-09427 From: Wayne.Wells@myClearwater.com [mailto:Wayne.Wells@myClearwater.com] Sent: Thursday, April 26, 2007 1:35 PM To: Ken Eckelkamp Subject: RE: Marquesas Declaration Page 35 I have shown the Certificate of Occupancy condition for this comment as "met" for the hotel building permit. -----Original Message----- From: Ken Eckelkamp [mailto:ken@jmcdev.com] Sent: Thursday, April 26, 2007 1:21 PM To: Wells, Wayne Cc: Garriott, Kevin Subject: RE: Marquesas Declaration Page 35 We will Thank you very much, Ken From: Wayne.Wells@myClearwater.com [mailto:Wayne.Wells@myClearwater.com] Sent: Thursday, April 26, 2007 1:02 PM To: Ken Eckelkamp Cc: Kevin.Garriott@myClearwater.com Subject: RE: Marquesas Declaration Page 35 FYI -----Original Message----- From: Garriott, Kevin Sent: Thursday, April 26, 2007 12:17 PM To: Wells, Wayne Subject: RE: Marquesas Declaration Page 35 Should be ok as long as they monitor their residents. -----Original Message----- From: Wells, Wayne Sent: Tuesday, April 24, 2007 2:22 PM 5/23/2007 FW,tMarquesas Declaration W 35 Page 3 of 4 0 To: 'Ken Eckelkamp' Cc: Garriott, Kevin Subject: Marquesas Declaration Page 35 Ken - I am forwarding this response to Kevin Garriott for comment. Wayne -----Original Message----- From: Ken Eckelkamp [mailto:ken@jmcdev.com] Sent: Tuesday, April 24, 2007 2:18 PM To: Wells, Wayne Subject: RE: Marquesas Declaration Page 35 Wayne, That is correct, the outlets and ceiling fans (if any) are located above the B.F.E. We have already filed these documents with the State and HUD. They are difficult to change at this point since they have been approved and we have been selling units. We used the same wording that was approved during our permit review at Mandalay Beach Club. I hope it's ok! Ken From: Wayne.Wells@myClearwater.com [mailto:Wayne.Wells@myClearwater.com] Sent: Tuesday, April 24, 2007 1:58 PM To: Ken Eckelkamp Cc: jaynes@jpfirm.com; Kevin.Garriott@myClearwater.com Subject: Marquesas Declaration Page 35 Ken - I just talked to Kevin Garriott. Kevin is presuming that any ceiling fan and electrical outlets are above BFE. He suggests the following changes to Section 17.13 (new language underlined, except for title): Storae.._Cabanas. No exterior, interior or structural alterations to the cabanas/beach storage shall be made without the approval of the Board of Directors. Maintenance, repair and replacement of storage cabanas shall be at the sole expense of the Unit Owner(s) to which the storage cabana has been assigned. There will be no exterior antennas, satellite dishes, cable or telephone hook-ups to the storage cabanas. No air- conditioning or heating system may be installed in storage cabanas. Ceiling fans are permitted. Storage cabanas may not be used for overnight accommodations or for any._use.other _than storage. No pet shall be permitted... Wayne -----Original Message----- From: Ken Eckelkamp [mailto:ken@jmcdev.com] 5/23/2007 FW:,Marquesas Declaration Page 35 Page 4 of 4 Sent: Thursday, April 19, 2007 4:08 PM To: Wells, Wayne Subject: FW: Marquesas Declaration Page 35 Wayne, Re: Your Comment on the Marquesas building plan review Here is the Declaration page from the Marquesas Condominium documents that talks about the Cabanas and their use. I gave a copy to Kevin G. to give to you at our last meeting. Ken Eckelkamp JMC Communities, Inc Item 17.13 of the Declaration (Section 17 is the "Use Restrictions"). <<Marquesas Dec Page 35.pdf>> JMC COMMUNITIES Together, building enduring lifestyles, rich in spirit, on a foundation of integrity. 5/23/2007 Message 0 . Page 1 of 1 Wells, Wayne From: Jayne E. Sears [JayneS@jpfirm.com] Sent: Tuesday, May 22, 2007 2:06 PM To: Wells, Wayne Cc: Ken Eckelkamp; Ed Armstrong; Gail Cooper; Dougall-Sides, Leslie; Akin, Pam Subject: BCP2005-06032/ Marquesas Attached is a copy of the Declaration of Unity of Title for the Marquesas (715 S. Gulfview), recorded in O.R. Book 15801, Page 234, Public Records of Pinellas County, Florida. Please "check off"the zoning condition regarding Unity of Title. ( We still have the TDR corrective deed to address.) 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 5/22/2007 ., PLANNING DEPARTMENT 100 S. MYRTLE AVENUE, 2ND FLOOR CLEARWATER, FL 33756 PHONE: 727-562-4567; FAX: 727-562-4865 KEN BURKE, CLERK OF COURT PINELLAS COUNTY FLORIDA INST# 2007172824 05/2112007 at 01:20 PM OFF REC BK: 15801 PG: 234-236 DocType:NOTICE RECORDING: $27.00 DECLARATION OF UNITY OF TITLE Property Owner: MARQUESAS, LLC, a Delaware limited liability company Property Address: 715 South Gulfview Boulevard, Clearwater, FL 33767-2649. KNOW OF ALL MEN BY THESE PRESENTS, that pursuant to the ordinances of the City of Clearwater pertaining to the issuance of building permits and regulating land development activities, the undersigned, being the fee owner (s) of the following described real property situated in the City of Clearwater, County of Pinellas and State of Florida, to wit: See Exhibit "A" attached hereto and incorporated herein; do hereby make the following declaration of conditions, limitations and restrictions on said lands, hereafter to be known and referred to as a DECLARATION OF UNITY OF TITLE, as to the following particulars: That the aforesaid plot or combination of separate lots, plots, parcels, acreage or portions thereof, shall hereafter be regarded as and is hereby declared to be unified under one title as an indivisible building site. 2. That the said property shall henceforth be considered as one plot or parcel of land, and that no portion thereof shall be sold, assigned, transferred, conveyed or devised separately except in its entirety, as one plot or parcel of land. 3. The sale, assignment, transfer, conveyance or devise of a condominium parcel created by a recorded declaration of condominium subjecting the property to the condominium form of ownership shall not be deemed a breach of the declaration of unity of title; however, the entire property shall continue to be regarded as unified and as a single building site for all applicable code purposes. 4. That this Declaration of Unity of Title shall constitute a covenant to run with the land, as provided by law, and shall be binding upon the undersigned, and the heirs, successors and assigns of the undersigned, and all parties claiming under them until such time as the same may be released in writing under the order of the City Manager of the City of Clearwater. The undersigned also agree(s) that this instrument shall be recorded in the public records of Pinellas County, Florida. 0 0 Signed, sealed, witnessed and acknowledged this 1-7 day of M 2007, at St. Petersburg, Florida. WITNESSES: OWNER: MARQUESAS, LLC, a Delaware limited liability company By: Clearwater Pass Development, Ltd., a Florida limited partnership, Managing Member By: JMC Communities of Print name Clearwater Pass, Inc., a Florida corporation, General Partner By: -? _...,., Robert L. Allen Vice President STATE OF FLORIDA COUNTY OF PINELLAS . CCdPlR QAII M _.• MYMMMi11610N N DD W469 IM M: Miry 14, to lto (SEAL ABOVE) The foregoing instrument was acknowledged before me this 1 -7 -fl-- day of , 2007, by Robert L. Allen, as Vice President of JMC Communities of Clearwater Pass, Inc., a Florida corporation, General Partner of Clearwater Pass Development, Ltd., a Florida limited partnership, Managing Member of Marquesas, LLC, a Delaware limited liability company, on behalf of whom the instrument was executed. Notary Public Signature Name of Notary Printed Notary Commission Numbeerr: D lD Personally known t/ or produced identification Type of identification produced SVIanning DepartmentiApplication FormsWevelopment review\Unity of Title Declaration 2005,doc s 382467 v2 - Marquesas/Unity of Title Print name ignature G1 M. CGO r EXHIBIT A Tract No. 1 E That part of Block D, BAYSIDE SHORES, as recorded in Plat Book 58, Pages 12 and 13, of the Public Records of Pinellas County, Florida, and adjacent land to the South described as follows: Beginning at the Northwesterly corner of said Block D, and run thence S 770 46'02" E, 373.04 feet; thence along a curve to the right whose chord bears S 36° 31'01" E, 362.64 feet; arc is 395.97 feet and radius is 275.00 feet for a Point of Beginning; thence N 770 37'32" W, 167.56 feet; thence S 120 22'28" W, 219.28 feet; thence S 540 52'17" E, 173.50 feet; thence N 120 22'28" E, 249.81 feet; thence S 77137'32" E, 10.0 feet; thence along a curve to the left whose chord bears N 080 33'13" E, 36.65 feet, arc is 36.68 feet and radius is 275.00 feet to the Point of Beginning. Tract No. 2 That part of Block D, BAYSIDE SHORES, as recorded in Plat Book 58, Pages 12 and 13, of the Public Records of Pinellas County, Florida, and adjacent land to the South described as follows: Beginning at the Northwesterly corner of said Block D, and run thence S 770 46'02" E, 373.04 feet; thence along a curve to the right whose chord bears S 36 ° 31'01" E, 362.64 feet; arc is 395.97 feet and radius is 275.00 feet for a Point of Beginning; thence N 770 37'32" W, 167.56 feet; thence S 120 22'28" W, 219.28 feet; thence N 540 52'17" W, 108.06 feet; thence N 45 ° 00'00" W, 79.0 feet; thence along a curve to the left whose chord bears N 530 29'53" W, 157.04 feet, arc is 157.61 feet and radius Is 531.33 feet; thence N 610 59'46" W, 177.08 feet; thence N 120 40'00" E, along the Westerly line of said Block D, and Its Southerly extension 260.51 feet to the Point of Beginning. Tracts 1 and 2 above described comprise of all Lots 1 and 2, Block D, BAYSIDE SHORES, as recorded in Plat Book 58, Pages 12 and 13, of the Public Records of Pinellas County, Florida, plus adjacent lands lying to the South of said Lots 1 and 2. ALL THE ABOVE BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWESTERLY CORNER OF SAID LOT 1; THENCE S 12'40'00" W, 260.51 FEET; THENCE S 610 59'46" E, 177.08 TO A POINT OF CURVE; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT RADIUS 531.33 FEET, ARC 157.61 FEET, CHORD BEARING S 53° 29'53" E, 157.04 FEET TO A POINT OF TANGENCY; THENCE S 45° 00'00" E, 79.00 FEET; THENCE S 54° 52'17" E, 281.56 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY OF CLEARWATER PASS AVENUE; THENCE N 12° 22'28" E, ALONG SAID RIGHT-OF-WAY 249.81 FEET; THENCE S 77137'32" E, 10.00 FEET TO A POINT ON A CURVE; THENCE ALONG THE ARC OF A CURVE TO THE LEFT CONCAVED TO THE WEST, RADIUS 275.00 FEET, ARC 432.65 FEET, CHORD BEARING N 320 41'47" W, 389.39 FEET TO A POINT OF TANGENCY ON THE SOUTHERLY RIGHT-OF-WAY OF SOUTH GULFVIEW BLVD.; THENCE N 77146'02" W, ALONG SAID RIGHT-OF-WAY 373.04 FEET TO THE POINT OF BEGINNING. 0 0 Wells, Wayne From: Dougall-Sides, Leslie Sent: Tuesday, May 22, 2007 8:42 AM To: 'Jayne E. Sears'; Wells, Wayne Cc: Ed Armstrong; Ken Eckelkamp Subject: A04-01420 Planning General miscellaneous : RE: Marquesas -TDR IblNumAttach: 0 MessageGUID: {F45FA12E-F09E-48AA-B8C6-33CE68E5F68F) OriginalDate: None Originator: SQL Style: Planning General miscellaneous The Code requirements are pretty clear. I agree that there may be other deeds out there which do not contain the required covenant language. 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: Jayne E. Sears [mailto:JayneS@jpfirm.com] Sent: Thursday, May 17, 2007 11:09 AM To: Wells, Wayne; Dougall-Sides, Leslie Cc: Ed Armstrong; Ken Eckelkamp Subject: Marquesas - TDR I am confused about what is needed for the TDR corrective deed. The two deeds that you provided to me as examples (attached) do not appear to contain any more "restrictive" language than that contained in our recorded deed transferring 3 units from Sandpearl to Marquesas. Our deed (as would these) would appear on any title search of the sender site to put a party on notice that the units have been transferred off the property. I will draft a corrective deed for your review and state that it "restricts in perpetuity" the Sender site. If this is your position, it seems there are other TDR deeds that need to be corrected. 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 <<Deeds. PDF>> Wells, Wayne From: Jayne E. Sears [JayneS@jpfirm.com] Sent: Monday, May 14, 2007 9:14 AM To: Wells, Wayne Cc: Ed Armstrong Subject: FW: GM06-92168-007 Holiday Inn Sunspree 41 Devon Drive property exchange : RE: BCP2005-06032/Marquesas/715 S. Gulfview Importance: High Good morning. I thought #1 of Leslie's email below meant we could "check off" the TDR comment. I will have the Unity of Title executed and recorded. 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 -----Original Message----- From: Leslie.Dougall-Sides@myClearwater.com [mailto:Leslie.Dougall-Sides@myClearwater.com] Sent: Tuesday, May 01, 2007 11:45 AM To: Jayne E. Sears Cc: Wayne.Wells@myClearwater.com Subject: GM06-9216B-007 Holiday Inn Sunspree 41 Devon Drive property exchange : RE: BCP2005-06032/Marquesas/715 S. Gulfview Importance: High After the phone call from you and Ed I spoke again to Wayne Wells on your two issues. 1. We agree that regarding the 41 Devon property as the City is owner it would not be legally effective for anyone else to record the applicable language. The City will either record a document or notate the restriction in its permitting software. 2. Regarding the Unity of Title v. Covenant of Unified Use issue, both Departments/Offices feel that the code specifies a Unity of Title format. We are not sure why the Sandpearl project was allowed to use the Covenant format. Therefore, we respectfully request that a Unity of Title be executed. This is an issue that may be appropriate for clarifying Code amendment in the future. 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 1 t • • -----Original Message----- From: Jayne E. Sears [mailto:JayneS@jpfirm.com] Sent: Wednesday, April 25, 2007 10:58 AM To: Dougall-Sides, Leslie Cc: Ken Eckelkamp; Ed Armstrong; rgreene@GDSLEGAL.com Subject: BCP2005-06032/Marquesas/715 S. Gulfview FYI, attached is the proposed Covenant of Unified Use that Ed Armstrong spoke to you about this morning. 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 c9lh01_.DOC>> " I Wells, Wayne From: Wells, Wayne Sent: Wednesday, May 16, 2007 10:25 AM To: Jayne Sears (E-mail) Subject: FW: GM06-92168-007 Holiday Inn Sunspree 41 Devon Drive property exchange : A04-00163 Sandpearl Resort : RE: Sandpearl Importance: High IblNumAttach: 1 MessageGUID: {262465A8-095A-4C32-B8E6-AC3C2B622135) OriginalDate: None Originator: SQL Style: Holiday Inn Sunspree 41 Devon Drive property exchange TDR Sandpearl to Sunspree.pdf Jayne - Apparently we now have a definitive answer regarding the TDR deed from Sandpearl to Marquesas. Can you see about re-recording a corrective deed that meets what Leslie Dougall-Sides has said? Once this is done, then all the legal paperwork would have been completed so that permits can be issued. Thanks. Wayne -----Original Message----- From: Dougall-Sides, Leslie Sent: Wednesday, May 16, 2007 10:08 AM To: Wells, Wayne Cc: Akin, Pam Subject: GM06-9216B-007 Holiday Inn Sunspree 41 Devon Drive property exchange : A04-00163 Sandpearl Resort : RE: Sandpearl Importance: High To clarify, in my opinion the attached Special Warranty Deed does not meet the requirements of CDC Sec. 4-14023. because it does not contain a covenant restricting in perpetuity the use of the parcel from which the rights have been transferred." 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: Wells, Wayne Sent: Wednesday, May 16, 2007 9:43 AM To: Dougall-Sides, Leslie Subject: RE: Sandpearl Leslie - i ? On May 2, 2007, I sent you the following response to your May 1, 2007, email to Jayne Sears (paragraph below in quotation marks). I don't remember receiving a response as to the Sandpearl TDR deed was acceptable or not. Pam's email is not extremely clear. The TDR deed Jayne has attached (which I already have and have previously sent to you, but your response was unclear, hence the comment below) sent three units from the Sandpearl property to the Sunspree property. I think Jayne and I are trying to ascertain if this Sandpearl TDR deed was written/recorded correctly to the Code requirements (which I had previously asked of you and your response was unclear, hence the comment below), so that I can remove a condition on the Marquesas project so that the building permit could be issued. Can you help me out? Thanks. "As I mentioned to you earlier, your response to the Legal Request to review the deeds for the TDRs for this project did not specify whether one density transfer deed was acceptable and the other wasn't acceptable (there were two sending sites for the Marquesas project). Since your response indicated that the special warranty deed was unacceptable, I have to assume you meant both TDR deeds. Your email below only addresses the 41 Devon Drive TDR deed. Do you need to inform Mr. Armstrong the TDR deed from the Sandpearl project also needed to be amended or was it okay?" Wayne -----Original Message----- From: Dougall-Sides, Leslie Sent: Wednesday, May 16, 2007 9:13 AM To: Wells, Wayne Subject: FW: Sandpearl 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: Akin, Pam Sent: Thursday, May 03, 2007 1:12 PM To: Dougall-Sides, Leslie Subject: FW: Sandpearl The deed appears to be a pert of the Sunspree do not the Sand pearl Development agreement. I looked at the Sandpearl agreement and this doesn't seem to be a part of it. Pamela Akin, City Attorney 112 S. Osceola Ave Clearwater, Florida 33758 727 562-4010 -----Original Message----- From: Jayne E. Sears (mailto:JayneS@jpfirm.com] Sent: Thursday, May 03, 2007 10:05 AM To: Akin, Pam Cc: Ed Armstrong Subject: Sandpearl 2 Attached is the recorded deed transferring 3 residential dwelling units from the Sandpearl site to the Marquesas site. 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 <<TDRDeed.PDF>> i i Wells, Wayne From: Dougall-Sides, Leslie Sent: Wednesday, May 16, 2007 10:08 AM To: Wells, Wayne Cc: Akin, Pam Subject: GM06-921613-007 Holiday Inn Sunspree 41 Devon Drive property exchange : A04-00163 Sandpearl Resort : RE: Sandpearl Importance: High IblNumAttach: 1 MessageGUID: {262465A8-095A-4C32-B8E6-AC3C2B622135} OriginalDate: None Originator: SQL Style: Holiday Inn Sunspree 41 Devon Drive property exchange TDR Sandpearl to Sunspree.pdf To clarify, in my opinion the attached Special Warranty Deed does not meet the requirements of CDC Sec. 4-14023. because it does not contain a "covenant restricting in perpetuity the use of the parcel from which the rights have been transferred." 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: Wells, Wayne Sent: Wednesday, May 16, 2007 9:43 AM To: Dougall-Sides, Leslie Subject: RE: Sandpearl Leslie - On May 2, 2007, I sent you the following response to your May 1, 2007, email to Jayne Sears (paragraph below in quotation marks). I don't remember receiving a response as to the Sandpearl TDR deed was acceptable or not. Pam's email is not extremely clear. The TDR deed Jayne has attached (which I already have and have previously sent to you, but your response was unclear, hence the comment below) sent three units from the Sandpearl property to the Sunspree property. I think Jayne and I are trying to ascertain if this Sandpearl TDR deed was written/recorded correctly to the Code requirements (which I had previously asked of you and your response was unclear, hence the comment below), so that I can remove a condition on the Marquesas project so that the building permit could be issued. Can you help me out? Thanks. "As I mentioned to you earlier, your response to the Legal Request to review the deeds for the TDRs for this project did not specify whether one density transfer deed was acceptable and the other wasn't acceptable (there were two sending sites for the Marquesas project). Since your response indicated that the special warranty deed was unacceptable, I have to 1 assume you meant both TDR Ads. Your email below only addreses the 41 Devon Drive TDR deed. Do you need to inform Mr. Armstrong the TDR deed from the Sandpearl project also needed to be amended or was it okay?" Wayne -----Original Message----- From: Dougall-Sides, Leslie Sent: Wednesday, May 16, 2007 9:13 AM To: Wells, Wayne Subject: FW: Sandpearl 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: Akin, Pam Sent: Thursday, May 03, 2007 1:12 PM To: Dougall-Sides, Leslie Subject: FW: Sandpearl The deed appears to be a pert of the Sunspree do not the Sand pearl Development agreement. I looked at the Sandpearl agreement and this doesn't seem to be a part of it. Pamela Akin, City Attorney 112 S. Osceola Ave Clearwater, Florida 33758 727 562-4010 -----Original Message----- From: Jayne E. Sears [mailto:JayneS@jpfirm.com] Sent: Thursday, May 03, 2007 10:05 AM To: Akin, Pam Cc: Ed Armstrong Subject: Sandpearl Attached is the recorded deed transferring 3 residential dwelling units from the Sandpearl site to the Marquesas site. 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 <<TDRDeed.PDF>> 2 +/' IN 0 0 Wells, Wayne From: Wells, Wayne Sent: Sunday, May 13, 2007 8:54 PM To: Jayne Sears (E-mail) Subject: FW: GM06-921613-007 Holiday Inn Sunspree 41 Devon Drive property exchange : RE: BCP2005-06032/Marquesas/715 S. Gulfview IbINumAttach: 0 MessageGU1D: (41 BDF5B2-72AF-4836-BOAE-DCD11 BBA065B} OriginalDate: None Originator: SQL Style: Holiday Inn Sunspree 41 Devon Drive property exchange Jayne - 1. Are you aware of my comments below? 2. If we can take care of the Unity of Title document (get the revised document recorded) with a copy to me, then the below comments regarding the TDR deeds remain. I am open to making the TDR deeds a Certificate of Occupancy condition (hopefully though to be completed within one month) to allow the site work permit to be issued, since the Unity of Title and TDR deeds are the only items remaining as "not met" on the permit. What do you think? Wayne -----Original Message----- From: Wells, Wayne Sent: Wednesday, May 02, 2007 6:48 PM To: Dougall-Sides, Leslie Subject: RE: GM06-9216B-007 Holiday Inn Sunspree 41 Devon Drive property exchange : RE: BCP2005-06032/Marquesas/715 S. Gulfview Leslie - As I mentioned to you earlier, your response to the Legal Request to review the deeds for the TDRs for this project did not specify whether one density transfer deed was acceptable and the other wasn't acceptable (there were two sending sites for the Marquesas project). Since your response indicated that the special warranty deed was unacceptable, I have to assume you meant both TDR deeds. Your email below only addresses the 41 Devon Drive TDR deed. Do you need to inform Mr. Armstrong the TDR deed from the Sandpearl project also needed to be amended or was it okay? Wayne -----Original Message----- From: Dougall-Sides, Leslie Sent: Tuesday, may 01, 2007 11:45 AM To: 'Jayne E. Sears' Cc: Wells, Wayne Subject: GM06-9216B-007 Holiday Inn Sunspree 41 Devon Drive property exchange : RE: BCP2005-06032/Marquesas/715 S. Gulfview Importance: High After the phone call from you and Ed I spoke again to Wayne Wells on your two issues. 1. We agree that regarding the 41 Devon property as the City is owner it would not be legally effective for anyone else to record the applicable language. The city will either record a document or notate the restriction in its permitting software. 2. Regarding the Unity of Title v. Covenant of Unified Use issue, both Departments/Offices feel that the Code specifies a Unity of Title format. We are not sure why the Sandpearl project was allowed to use the Covenant format. Therefore, we 1 respectfully request that a Unity of Title be executed. This an issue that may be appropriate for clarifying Code amendment in the future. 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: Jayne E. Sears (mailto:JayneS@jpfirm.com] Sent: Wednesday, April 25, 2007 10:58 AM To: Dougall-Sides, Leslie Cc: Ken Eckelkamp; Ed Armstrong; rgreene@GDSLEGAL.com Subject: BCP2005-06032/Marquesas/715 S. Gulfview FYI, attached is the proposed Covenant of Unified Use that Ed Armstrong spoke to you about this morning. 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 <<c91h01_.DOC>> 2 9 0 Wells, Wayne From: Dougall-Sides, Leslie Sent: Thursday, May 10, 2007 10:57 AM To: Wells, Wayne Subject: RE: BCP2005-06032/ Marquesas/Unity of Title Looks ok with that change. 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: Wells, Wayne Sent: Thursday, May 10, 2007 10:56 AM To: Akin, Pam; 'Jayne E. Sears'; Dougall-Sides, Leslie Cc: 'Ed Armstrong'; 'Robert Greene'; 'Ken Eckelkamp'; Delk, Michael Subject: RE: BCP2005-06032/ Marquesas/Unity of Title It looks reasonable to me, except the "Property Address" needs to change to 715 South Gulfview Boulevard. -----Original Message----- From: Akin, Pam Sent: Thursday, May 10, 2007 10:10 AM To: 'Jayne E. Sears'; Dougall-Sides, Leslie; Wells, Wayne Cc: Ed Armstrong; Robert Greene; Ken Eckelkamp Subject: RE: BCP2005-06032/ Marquesas/Unity of Title It looks reasonable to me, Leslie any concerns? Pamela Akin, City Attorney 112 S. Osceola Ave Clearwater, Florida 33758 727 562-4010 -----Original Message----- From: Jayne E. Sears (mailto:JayneS@jpfirm.com] Sent: Tuesday, May 08, 2007 4:42 PM To: Akin, Pam; Dougall-Sides, Leslie; Wells, Wayne Cc: Ed Armstrong; Robert Greene; Ken Eckelkamp Subject: BCP2005-06032/ Marquesas/Unity of Title Ed Armstrong asked me to forward the attached form of unity of title to you for review. This is the City's form, revised to include language from Section 4-1601, CDC. Please advise if this form is acceptable to meet the condition of the above permit. If so, we will proceed to have it executed and recorded. 1 Thank you. • 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 <<blg30l_.DOC>> PLANNING DEPARTMENT 100 S. MYRTLE AVENUE, 2ND FLOOR CLEARWATER, FL 33756 PHONE: 727-562-4567; FAX: 727-562-4865 DECLARATION OF UNITY OF TITLE Property Owner: MARQUESAS, LLC, a Delaware limited liability company Property Address: 22014h Street North, Suite 200, St. Petersburg, Florida 33704 KNOW OF ALL MEN BY THESE PRESENTS, that pursuant to the ordinances of the City of Clearwater pertaining to the issuance of building permits and regulating land development activities, the undersigned, being the fee owner (s) of the following described real property situated in the City of Clearwater, County of Pinellas and State of Florida, to wit: See Exhibit "A" attached hereto and incorporated herein; do hereby make the following declaration of conditions, limitations and restrictions on said lands, hereafter to be known and referred to as a DECLARATION OF UNITY OF TITLE, as to the following particulars: That the aforesaid plot or combination of separate lots, plots, parcels, acreage or portions thereof, shall hereafter be regarded as and is hereby declared to be unified under one title as an indivisible building site. 22-That the said property shall henceforth be considered as one plot or parcel of land, and that no portion thereof shall be sold, assigned, transferred, conveyed or devised separately except in its entirety, as one plot or parcel of land. 3. The sale- assignment. transfer, conveyance or devise of a condominium parcel created by a recorded declaration of condominium subjecting the property to the condominium form of ownership shall not be deemed a breach of the declaration of unity of title, however, the entire property shall continue to be regarded as unified and as a single building site for all applicable code purposes. 34. That this Declaration of Unity of Title shall constitute a covenant to run with the land, as provided by law, and shall be binding upon the undersigned, and the heirs, successors and assigns of the undersigned, and all parties claiming under them until such time as the same may be released in writing under the order of the City Manager of the City of Clearwater. The undersigned also agree(s) that this instrument shall be recorded in the public records of Pinellas County, Florida. • Signed, sealed, witnessed and acknowledged this Florida. WITNESSES: Signature Print name Signature Print name By: J. Michael Cheezem CEO STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this day of , 2007, by J. Michael Cheezem, as CEO of JMC Communities of Clearwater Pass, Inc., a Florida corporation, General Partner of Clearwater Pass Development, Ltd., a Florida limited partnership, Managing Member of Marquesas, LLC, a Delaware limited liability company, on behalf of whom the instrument was executed. Notary Public Signature (SEAL ABOVE) Name of Notary Printed Notary Commission Number: _ Personally known Type of identification produced . SAI'lanninr: Devarirnent\Amlication FormsWevelopment w\Unity of Title Declaration 2005.doc or produced identification 0 day of , 2007, at Clearwater, OWNER: MARQUESAS, LLC, a Delaware limited liability company By: Clearwater Pass Development, Ltd., a Florida limited partnership, Managing Member By: JMC Communities of Clearwater Pass, Inc., a Florida corporation, General Partner #382467 A - Marquesas/Unity of Title I . 1 0 9 EXHIBIT A Tract No. 1 That part of Block D, BAYSIDE SHORES, as recorded in Plat Book 58, Pages 12 and 13, of the Public Records of Pinellas County, Florida, and adjacent land to the South described as follows: Beginning at the Northwesterly corner of said Block D, and run thence S 770 46'02" E, 373.04 feet; thence along a curve to the right whose chord bears S 360 31'01" E, 362.64 feet; arc is 395.97 feet and radius is 275.00 feet for a Point of Beginning; thence N 770 37'32" W, 167.56 feet; thence S 120 2228" W, 219.28 feet; thence S 540 52'17" E, 173.50 feet; thence N 120 22'28" E, 249.81 feet; thence S 770 37'32" E, 10.0 feet; thence along a curve to the left whose chord bears N 080 33'13" E, 36.65 feet, arc is 36.68 feet and radius is 275.00 feet to the Point of Beginning. Tract No. 2 That part of Block D, BAYSIDE SHORES, as recorded in Plat Book 58, Pages 12 and 13, of the Public Records of Pinellas County, Florida, and adjacent land to the South described as follows: Beginning at the Northwesterly comer of said Block D, and run thence S 770 46'02" E, 373.04 feet; thence along a curve to the right whose chord bears S 36 ° 31'01" E, 362.64 feet; arc is 395.97 feet and radius is 275.00 feet for a Point of Beginning; thence N 770 37'32" W, 167.56 feet; thence S 12° 22'28" W, 219.28 feet; thence N 540 52'17" W, 108.06 feet; thence N 45 ° 00'00" W, 79.0 feet; thence along a curve to the left whose chord bears N 530 29'53" W, 157.04 feet, arc is 157.61 feet and radius is 531.33 feet; thence N 610 59'46" W, 177.08 feet; thence N 120 40'00" E, along the Westerly line of said Block D, and its Southerly extension 260.51 feet to the Point of Beginning. Tracts 1 and 2 above described comprise of all Lots 1 and 2, Block D, BAYSIDE SHORES, as recorded in Plat Book 58, Pages 12 and 13, of the Public Records of Pinellas County, Florida, plus adjacent lands lying to the South of said Lots 1 and 2. ALL THE ABOVE BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWESTERLY CORNER OF SAID LOT 1; THENCE S 120 40'00" W, 260.51 FEET; THENCE S 610 59'46" E, 177.08 TO A POINT OF CURVE; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT RADIUS 531.33 FEET, ARC 157.61 FEET, CHORD BEARING S 530 29'53" E, 157.04 FEET TO A POINT OF TANGENCY; THENCE S 450 00'00" E, 79.00 FEET; THENCE S 540 52'17" E, 281.56 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY OF CLEARWATER PASS AVENUE; THENCE N 120 22'28" E, ALONG SAID RIGHT-OF-WAY 249.81 FEET; THENCE S 770 37'32" E, 10.00 FEET TO A POINT ON A CURVE; THENCE ALONG THE ARC OF A CURVE TO THE LEFT CONCAVED TO THE WEST, RADIUS 275.00 FEET, ARC 432.65 FEET, CHORD BEARING N 320 41'47" W, 389.39 FEET TO A POINT OF TANGENCY ON THE SOUTHERLY RIGHT-OF--WAY OF SOUTH GULFVIEW BLVD.; THENCE N 770 46'02" W, ALONG SAID RIGHT-OF-WAY 373.04 FEET TO THE POINT OF BEGINNING. 4 Fl : Marquesas Declaration Pale 35 Page 1 of 3 0 From: Wells, Wayne Sent: Thursday, April 26, 2007 4:05 PM To: 'Ken Eckelkamp' Subject: RE: Marquesas Declaration Page 35 Ken - Oops, too many projects being discussed in the office. I was referring to Sandpearl (Permit #, which has a similar C. of O. condition. I have fixed Sandpearl to show this comment as still "not met". I have shown for the Marquesas project the same comment as being "met" under BCP2006-09427. Wayne -----Original Message----- From: Ken Eckelkamp [mailto:ken@jmcdev.com] Sent: Thursday, April 26, 2007 2:55 PM To: Wells, Wayne Subject: RE: Marquesas Declaration Page 35 Do you mean for the Marquesas building review comment under zoning? # BCP2006-09427 From: Wayne.Wells@myClearwater.com [mailto:Wayne.Wells@myClearwater.com] Sent: Thursday, April 26, 2007 1:35 PM To: Ken Eckelkamp Subject: RE: Marquesas Declaration Page 35 have shown the Certificate of Occupancy condition for this comment as "met" for the hotel building permit. -----Original Message----- From: Ken Eckelkamp [mailto:ken@jmcdev.com] Sent: Thursday, April 26, 2007 1:21 PM To: Wells, Wayne Cc: Garriott, Kevin Subject: RE: Marquesas Declaration Page 35 We will.... Thank you very much, Ken From: Wayne.Wells@myClearwater.com [mailto:Wayne.Wells@myClearwater.com] Sent: Thursday, April 26, 2007 1:02 PM To: Ken Eckelkamp Cc: Kevin.Garriott@myClearwater.com Subject: RE: Marquesas Declaration Page 35 FYI -----Original Message----- From: Garriott, Kevin Sent: Thursday, April 26, 2007 12:17 PM To: Wells, Wayne file:f/S:\Planning%20Department\C%20D%20B\FLEX%20(FLD)\Inactive%20or%2OFinis... 4/29/2007 Fly: Marquesas Declaration Pale 35 Page 2 of 3 0 Subject: RE: Marquesas Declaration Page 35 Should be ok as long as they monitor their residents. -----Original Message----- From: Wells, Wayne Sent: Tuesday, April 24, 2007 2:22 PM To: 'Ken Eckelkamp' Cc: Garriott, Kevin Subject: Marquesas Declaration Page 35 Ken - I am forwarding this response to Kevin Garriott for comment. Wayne -----Original Message----- From: Ken Eckelkamp [mailto:ken@jmcdev.com] Sent: Tuesday, April 24, 2007 2:18 PM To: Wells, Wayne Subject: RE: Marquesas Declaration Page 35 Wayne, That is correct, the outlets and ceiling fans (if any) are located above the B.F.E. We have already filed these documents with the State and HUD. They are difficult to change at this point since they have been approved and we have been selling units. We used the same wording that was approved during our permit review at Mandalay Beach Club. I hope it's ok! Ken From: Wayne.Wells@myClearwater.com [mailto: Wayne. Wells@myClearwater.com] Sent: Tuesday, April 24, 2007 1:58 PM To: Ken Eckelkamp Cc: jaynes@jpfirm.com; Kevin.Garriott@myClearwater.com Subject: Marquesas Declaration Page 35 Ken - I just talked to Kevin Garriott. Kevin is presuming that any ceiling fan and electrical outlets are above BFE. He suggests the following changes to Section 17.13 (new language underlined, except for title): Storage Cabanas. No exteriorinterior or structural alterations to the cabanas/beach storage shall be made without the approval of the Board of Directors. Maintenance, repair and replacement of storage cabanas shall be at the sole expense of the Unit Owner(s) to which the storage cabana has been assigned. There will be no exterior antennas, satellite dishes, cable or telephone hook-ups to the storage cabanas. No air-conditioning or heating system may be installed in storage cabanas. Ceiling fans are permitted. Storage cabanas may not be used for overnight accommodations or for an use other than storage. No pet shall be permitted... file://S:\Planning%20Department\C%20D%20B\FLEX%20(FLD)\Inactive%20or%2OFinis... 4/29/2007 FW: Marquesas Declaration Page 35 Page 3 of 3 Wayne -----Original Message----- From: Ken Eckelkamp [mailto:ken@jmcdev.com] Sent: Thursday, April 19, 2007 4:08 PM To: Wells, Wayne Subject: FW: Marquesas Declaration Page 35 Wayne, Re: Your Comment on the Marquesas building plan review Here is the Declaration page from the Marquesas Condominium documents that talks about the Cabanas and their use. I gave a copy to Kevin G. to give to you at our last meeting. Ken Eckelkamp JMC Communities, Inc Item 17.13 of the Declaration (Section 17 is the "Use Restrictions"). <<Marquesas Dec Page 35.pdf>> JMC COMMUNITIES Together, building enduring lifestyles, rich in spirit, on a foundation of integrity. file://S:\Planning%20Department\C%20D%20B\FLEX%20(FLD)\Inactive%20or%20Finis... 4/29/2007 v 0 • P ? ELEVATION ENTRY TMM SIf3N ?s h ^r P h 7 S' Menage Page 1 of 2 Wells, Wayne From: Dougall-Sides, Leslie Sent: Monday, August 14, 2006 4:56 PM To: Wells, Wayne Subject: RE: Marquesas - 715 S. Gulfview - FLD2005-01016 Thanks! -----Original Message----- From: Wells, Wayne Sent: Monday, August 14, 2006 4:44 PM To: Dougall-Sides, Leslie Subject: RE: Marquesas - 715 S. Gulfview - FLD2005-01016 Leslie - The underlying statements are okay and they can record the Covenant of Unified Use, in addition to our Declaration of Unity of Title (not the same type of language between the two documents). Wayne -----Original Message----- From: Dougall-Sides, Leslie Sent: Monday, August 14, 2006 4:33 PM To: Wells, Wayne Subject: RE: Marquesas - 715 S. Gulfview - FLD2005-01016 Thanks! Are the underlying statements o.k., though? -----Original Message----- From: Wells, Wayne Sent: Monday, August 14, 2006 4:31 PM To: Dougall-Sides, Leslie Subject: RE: Marquesas - 715 S. Gulfview - FLD2005-01016 Leslie - Below is the response I sent to Jayne Sears on July 27, 2006. 1 have asked them to record a Declaration of Unity of Title, not the Covenant of Unified Use that they submitted. Wayne From: Wells, Wayne Sent: Thursday, July 27, 2006 10:53 AM To: 'Jayne E. Sears' Subject: RE: Marquesas - 715 S. Gulfview - FLD2005-01016 Jayne - Attached is a Covenant of Unified Use, which is not our Declaration of Unity of Title. Please use the Declaration of Unity of Title document (see attached). Thanks. Wayne -----Original Message----- From: Dougall-Sides, Leslie Sent: Monday, August 14, 2006 3:41 PM To: Wells, Wayne Subject: FW: Marquesas - 715 S. Gulfview - FLD2005-01016 8/14/2006 i MegGage . Page 2 of 2 Wayne, does this meet the conditions imposed on the property as far as Planning is concerned? -----Original Message----- From: Jayne E. Sears [mailto:JayneS@jpfirm.com] Sent: Tuesday, July 18, 2006 4:33 PM To: Wells, Wayne; Dougall-Sides, Leslie Cc: Robert Greene; Ken Eckelkamp; Ed Armstrong Subject: FW: Marquesas - 715 S. Gulfview - FLD2005-01016 Attached is a unity of title document for the City's review in connection with the referenced case. If acceptable, the owner will have it executed and recorded. 8/14/2006 v v Wells, Wayne From: Jayne E.Sears [JayneS@jpfirm.com] Sent: Thursday, April 12, 2007 11:31 AM To: Dougall-Sides, Leslie Cc: Wells, Wayne; Ed Armstrong; Ken Eckelkamp; Robert Greene Subject: Marquesas (Email #2) 4Y.M SandpearlCovenant .PDF This is the recorded Covenant of Unified Use on the Sandpearl project. 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 <<SandpearlCovenant.PDF>> E n Ill: 2005242557 BK: 14400 PG: 171, 06/22/2005 at 04:02 PM, RECORDING 4 PAGES $35.50 KEN BURKE, CLERK OF COURT PINELLAS COUNTY, FL BY DEPUTY CLERK: CLKDMC6 e THIS INSTRUMENT PRI*P'iARilra BY AND WHEN RECORDEPI RN TO: Robert F. Greene, Esquirb-__. Greene & Schermer., 1301 Sixth Avenue N , ?uo 400 Bradenton, Florid "342Q5` COVENANT OF UNIFIED USE THIS bYtNANT OF UNIFIED USE (the "Agreement") is executed this 21st day of June, 2005 (the Jffek: W Date") by THE SANDPEARL RESORT, LLC, a Florida limited liability company and THI=,IhisibENCES AT SANDPEARL RESORT, LLC, a Florida limited liability company WITNES4JEIH: ". WHEREAS, Owner is the owner of the real property legally described on Exhibit A attached aaeretp and incorporated herein by reference (the "Property'); and ` .` WHEREAS, Owner and the City of Clearwater (the "City) are parties to that certain . Development Agreement dated January 26, 2005, (the "Development Agreement) pursuant to Which the City has agreed that Owner may develop and construct upon the Property a multi-use project consisting of not less than 240 and not mole than 260 hotel units (including condominium hotel units), not more than 120 residential condominium units and not more than 11,000 square feet of retail space and a minimum of 431 parking spaces all as more particularly described in the Development Agreement; and WHEREAS, Owner has agreed that the Property shall be developed and operated for a unified use, as more particularly described hereinbelow. NOW THEREFORE, In consideration of the sum of Ten Dollars ($10.00) and othergood and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Ownerdoes hereby agree that the Property shall be developed and operated as a unified mixed-use project such that the components shall have certain shared parking facilities as shown on the approved site plan. The restrictions set forth in the preceding sentence shall survive for a period of twenty (20) years from the Effective Date of this Agreement. Nothing in this Agreement shall preclude the purchase and sale of the residential units and condominium hotel units and all other components of the mixed- use project constructed upon the Property to separate, unrelated third-party owners, so long as all components of the project are operated with the shared parking facilities throughout the term of this Agreement. Owner agrees that the City shall have the right to enforce the terms and conditions of this Agreement. Page 1 ?y ?.,, us"" r? U PINELLAS COUNTY FL OFF. REC. BK 14400 PG 172 C] IN WITNESS WHERt0-'kj'h6 undersigned has executed this Covenant of Unified Use effective the day and year fl ave written. Witnesses: THE SANDPEARL RESORT, LLC, .. a Florida limited liability company By: CBR Communities 1, Ltd., a Florida limited partnership, Managing Member f ?S ? l t, < TINE OF FLORIDA NTY OF PINELLAS By: JMC ommunities of Clearwater V, Inc. a Flori a rporati ,General Partner By: Name: J ichael Cheezem Title: O The foregoing instrument was acknowledged before me this 21" day of June, 2005 by J. Michael Cheezem, as CEO of JMC Communities of Clearwater V, Inc., a Florida corporation, the General Partner of CBR Communities I, Ltd., a Florida limited partnership, the Ming Member of THE SANDPEARL RESORT, LLC, a Florida limited liability company, who is w ersonally known to me or o has produced a Florida driver's license or a as identification. C -n= NOTARY PUBLIC Printed Name: Commission No. My Commission expires: Paget Fyn.. nyw,.MdDOM OOMMCft"W0UFAWUnAn • PINELLAS COUNTY FL OFF. REC. BK 14400 PG 173 Witnesses: SA OF FLORIDA '\ ?'UNTY OF PINELLAS By: JM Communities of Clearwater VI, Inc. a Flo ' a rpora ' , General Partner By: Name: . ichaei Cheezem Title: O The foregoing instrument was acknowledged before me this 211 day of June, 2005, by J. Michael Cheezem, as CEO of JMC Communities of Clearwater VI, Inc., a Florida corporation, the General Partner of CBR Communities Ii, Ltd., a Florida limited partnership, the Managing Memberof THE RESIDENCES AT SANDPEARL RESORT, LLC, a Florida limited liability company, who is sue' personally known to me or o has produced a Florida driver's license or ? as identification. • THE RESIDENCES AT SANDPEARL RESORT, LLC, a Florida limited liability company By: CBR Communities 11, Ltd., a Florida limited partnership, Managing Member NOTARY PUBLIC Printed Name: Commission No. My Commission expires: Page 3 0 UNIR 0 0 PINELLAS COUNTY FL OFF. REC. BK 14400 PG 174 A ,t EXHIBIT A SOUTH BLOCK -'' Lots 1 -13 and 49 - 56, Cleatai Beach Park, as per plat thereof recorded in Plat Book 10, Page 42, of the Public Records of Pinellas County, Florida. Lots 43 through 48, Lq& 6? q?rough 71, and the South 14.75 feet of lot 64, CLEARWATER BEACH PARK, as recorded in Plat *3 k~f0, Page 42, of the Public Records of Pinellas County, Florida. NORTH BLOCKS `ti ti r Y PARCEL 1: {?+? THAT PAiM,"Qr< TRACT A OF A RE-SUBDIVISION OF BLOCK 10 AND 11, AND LOTS 2 TO 15, INCLUS{V , BCOGK 9, OF THE REVISED MAP OF CLEARWATER BEACH, AS RECORDED IN PLAT BOOK f9-PkkQE 96, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, DESCRIBED AS BE,61 ?' •TIHE SOUTHEAST CORNER OF THE SAID TRACT A AS SHOWN AS 3.68 ACRES, TO THE PQQINTOF BEGINNING, BEING A POINT AT THE INTERSECTION OF THE NORTH LINE OF BAYMONT $T EST, AS SAID BAYMONT STREET IS SHOWN ON SAID RE-SUBDIVISION OF BLOCKS 10 AND 11 "ANTS' OTS 2 TO 15, INCLUSIVE, BLOCK 9 OF THE REVISED MAP OF CLEARWATER BEACH, WITH ` WESTERLY LINE OF MANDALAY ROAD, AND RUN THESE N 20° 45'00" E, 182.23 FEET; THENCE N XV.,A4'00" E, 110.51 FEET TO THE CENTERLINE OF AMBLER STREET, SAID AMBLER STREET IS } SHOWN AND DEDICATED AS A PUBLIC STREET IN THE REVISED MAP OF CLEARWATER BEACH, AS RECORDED IN PLAT BOOK 11, PAGE 5, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA; THENCE WEST ALONG THE CENTERLINE OF SAID AMBLER STREET 420.00 FEET, MORE OR LESS, TO THE WATER OF THE GULF OF MEXICO; THENCE IN A SOUTHERLY DIRECTION ON A MEANDERING LINE ALONG THE WATERS OF THE GULF OF MEXICO, 321.00 FEET, MORE OR LESS, TO THE CENTERLINE OF SAID BAYMONT STREET; THENCE EAST 385.00 FEET, MORE OR LESS, ALONG SAID CENTERLINE OF BAYMONT STREET TO A POINT 40.00 FEET SOUTH OF THE POINT OF BEGINNING; THENCE NORTH 40.00 FEET TO THE POINT OF BEGINNING. PARCEL 2: THE NORTH 20.00 FEET OF VACATED AMBLER STREET LYING WEST OF THE EAST LINE OF LOT 9, PROJECTED SOUTH AS SHOWN ON THE PLAT OF MILLER'S REPLAT, AS RECORDED IN PLAT BOOK 26, PAGE 17, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA PARCEL 3: LOT 1 AND 10 AND THE SOUTH 80.00 FEET OF LOT 9 OF MILLER'S REPLAT, AS RECORDED IN PLAT. BOOK 26, PAGE 17, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA LESS AND EXCEPT RIGHT OF WAY FOR BAYMONT STREET DEDICATED TO CITY OF CLEARWATER ON PLAT OF SANDPEARL, A SUBDIVISION, RECORDED IN PLAT BOOK 129, Page 89, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA Page4 ,?rc?,uoeea..omwwaa MCme.+rwrdUmmW - Message 0 0 Page 1 of 1 Wells, Wayne From: Wells, Wayne Sent: Thursday, July 27, 2006 10:53 AM To: 'Jayne E. Sears' Subject: RE: Marquesas - 715 S. Gulfview - FLD2005-01016 Jayne - Attached is a Covenant of Unified Use, which is not our Declaration of Unity of Title. Please use the Declaration of Unity of Title document (see attached). Thanks. Wayne -----Original Message----- From: Jayne E. Sears [mailto:JayneS@jpfirm.com] Sent: Tuesday, July 18, 2006 4:33 PM To: Wells, Wayne; Dougall-Sides, Leslie Cc: Robert Greene; Ken Eckelkamp; Ed Armstrong Subject: FW: Marquesas - 715 S. Gulfview - FLD2005-01016 Attached is a unity of title document for the City's review in connection with the referenced case. If acceptable, the owner will have it executed and recorded. 7/27/2006 THIS INSTRUMENT PREPARED BY AND WHEN RECORDED, RETURN TO: Robert F. Greene, Esquire Greene & Schermer 1301 Sixth Avenue W, Suite 400 Bradenton, Florida 34205 COVENANT OF UNIFIED USE THIS COVENANT OF UNIFIED USE (the "Agreement") is executed this day of July, 2006 (the "Effective Date") by MARQUESAS, LLC, a Delaware limited liability company ("Owner"). WITNESSETH: WHEREAS, Owner is the owner of the real property legally described on Exhibit A attached hereto and incorporated herein by reference (the "Property"); and WHEREAS, Owner has agreed that the Property shall be developed and operated for a unified use, as more particularly described hereinbelow. NOW THEREFORE, in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Owner does hereby agree that the Property shall be developed and operated as a unified project such that the components shall have certain shared parking facilities as shown on the approved site plan. The restrictions set forth in the preceding sentence shall survive for a period of twenty (20) years from the Effective Date of this Covenant. Nothing in this Agreement shall preclude the purchase and sale of the residential condominium units and all other components of the project constructed upon the Property to separate, unrelated third-party owners, so long as all components of the project are operated with the shared parking facilities throughout the term of this Covenant. Owner agrees that the City shall have the right to enforce the terms and conditions of this Covenant. Page 1 C:\DOCUments and Settingslwayne.wellsllocal Settings\Temporary Internet Files\OIKa\DCR Covenant of Unified Use.tloc 0 0 IN WITNESS WHEREOF, the undersigned has executed this Covenant of Unified Use effective the day and year first above written. Witnesses: MARQUESAS, LLC, a Delaware limited liability company Print Name: By: Clearwater Pass Development, Ltd., a Florida limited partnership, Managing Member Print Name: By: JMC Communities of Clearwater Pass, Inc.,a Florida corporation, General Partner Bv: Name: J. Michael Cheezem Title: CEO STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this day of July, 2006, by J. Michael Cheezem, as CEO of JMC Communities of Clearwater Pass, Inc., a Florida corporation, the General Partner of Clearwater Pass Development Ltd., a Florida limited partnership, the Managing Member of MARQUESAS, LLC, a Delaware limited liability company, who is ? personally known to me or ? has produced a Florida driver's license or ? as identification. NOTARY PUBLIC Printed Name: Commission No. My Commission expires: Page 2 C;\Documents and Settirps\wayne.wells\LOCaI Settings\Temporary Internet Fdes\OlK4\DCR Covenant of UnRied Use.doc 0 0 EXHIBIT A TRACT NO. 1 THAT PART OF BLOCK D, BAYSIDE SHORES, AS RECORDED IN PLAT BOOK 58, PAGES 12 AND 13, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, AND ADJACENT LAND TO THE SOUTH DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWESTERLY CORNER OF SAID BLOCK D, AND RUN THENCE S 77- 46-02" E, 373.04 FEET; THENCE ALONG A CURVE TO THE RIGHT WHOSE CHORD BEARS S 36° 31'01" E, 362.64 FEET; ARC IS 395.97 FEET AND RADIUS IS 275.00 FEET FOR A POINT OF BEGINNING; THENCE N 77° 37'32" W, 167.56 FEET; THENCE S 12° 22'28" W, 219.28 FEET; THENCE S 540 52'17" E, 173.50 FEET; THENCE N 12° 22'28" E, 249.81 FEET; THENCE S 77137'32" E, 10.0 FEET; THENCE ALONG A CURVE TO THE LEFT WHOSE CHORD BEARS N 080 33'13" E, 36.65 FEET, ARC IS 36.68 FEET AND RADIUS IS 275.00 FEET TO THE POINT OF BEGINNING. TRACT NO. 2 THAT PART OF BLOCK D, BAYSIDE SHORES, AS RECORDED IN PLAT BOOK 58, PAGES 12 AND 13, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, AND ADJACENT LAND TO THE SOUTH DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWESTERLY CORNER OF SAID BLOCK D, AND RUN THENCE S 77° 46'02" E, 373.04 FEET; THENCE ALONG A CURVE TO THE RIGHT WHOSE CHORD BEARS S 36 ° 31'01" E, 362.64 FEET; ARC IS 395.97 FEET AND RADIUS IS 275.00 FEET FOR A POINT OF BEGINNING; THENCE N 770 37'32" W, 167.56 FEET; THENCE S 12122'28" W, 219.28 FEET; THENCE N 540 52'17" W, 108.06 FEET; THENCE N 45 ° 00'00" W, 79.0 FEET; THENCE ALONG A CURVE TO THE LEFT WHOSE CHORD BEARS N 530 29'53" W, 157.04 FEET, ARC IS 157.61 FEET AND RADIUS IS 531.33 FEET; THENCE N 610 59'46" W, 177.08 FEET; THENCE N 12° 40'00" E, ALONG THE WESTERLY LINE OF SAID BLOCK D, AND ITS SOUTHERLY EXTENSION 260.51 FEET TO THE POINT OF BEGINNING. TRACTS 1 AND 2 ABOVE DESCRIBED COMPRISE OF ALL LOTS 1 AND 2, BLOCK D, BAYSIDE SHORES, AS RECORDED IN PLAT BOOK 58, PAGES 12 AND 13, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, PLUS ADJACENT LANDS LYING TO THE SOUTH OF SAID LOTS 1 AND 2. ALL THE ABOVE BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWESTERLY CORNER OF SAID LOT 1; THENCE S 120 40'00" W, 260.51 FEET; THENCE S 610 59'46" E, 177.08 TO A POINT OF CURVE; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT RADIUS 531.33 FEET, ARC 157.61 FEET, CHORD BEARING S 530 29'53" E, 157.04 FEET TO A POINT OF TANGENCY; THENCE S 451 00'00" E, 79.00 FEET; THENCE S 540 52'17' E, 281.56 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY OF CLEARWATER PASS AVENUE; THENCE N 120 22'28" E, ALONG SAID RIGHT-OF-WAY 249.81 FEET; THENCE S 77° 37'32" E, 10.00 FEET TO A POINT ON A CURVE; THENCE ALONG THE ARC OF A CURVE TO THE LEFT CONCAVED TO THE WEST, RADIUS 275.00 FEET, ARC 432.65 FEET, CHORD BEARING N 320 41'47" W, 389.39 FEET TO A POINT OF TANGENCY ON THE SOUTHERLY RIGHT-OF-WAY OF SOUTH GULFVIEW BLVD.; THENCE N 770 46'02" W, ALONG SAID RIGHT-OF-WAY 373.04 FEET TO THE POINT OF BEGINNING. Page 3 C:\Documents and Settings\wayne.wells0.ocal Settings\Temporary Internet Fees\o1K410CR Covenant of UnRied Use.doc 0 0 PLANNING DEPARTMENT ?• 100 S. MYRTLE AVENUE, 2ND FLOOR 9glyATE CLEARWATER, FL 33756 PHONE: 727-562-4567; FAX: 727-562-4865 DECLARATION OF UNITY OF TITLE Property Owner: Property Address: KNOW OF ALL MEN BY THESE PRESENTS, that pursuant to the ordinances of the City of Clearwater pertaining to the issuance of building permits and regulating land development activities, the undersigned, being the fee owner (s) of the following described real property (legal description) situated in the City of Clearwater, County of Pinellas and State of Florida, to wit: do hereby make the following declaration of conditions, limitations and restrictions on said lands, hereafter to be known and referred to as a DECLARATION OF UNITY OF TITLE, as to the following particulars: 1. That the aforesaid plot or combination of separate lots, plots, parcels, acreage or portions thereof, shall hereafter be regarded as and is hereby declared to be unified under one title as an indivisible building site. 2. That the said property shall henceforth be considered as one plot or parcel of land, and that no portion thereof shall be sold, assigned, transferred, conveyed or devised separately except in its entirety, as one plot or parcel of land. 3. That this Declaration of Unity of Title shall constitute a covenant to run with the land, as provided by law, and shall be binding upon the undersigned, and the heirs, successors and assigns of the undersigned, and all parties claiming under them until such time as the same may be released in writing under the order of the City Manager of the City of Clearwater. The undersigned also agree(s) that this instrument shall be recorded in the public records of Pinellas County, Florida. Signed, sealed, witnessed and acknowledged this day of 20 at Clearwater, Florida. WITNESSES: OWNER (S): STATE OF FLORIDA COUNTY OF PINELLAS (SEAL ABOVE) The foregoing instrument was acknowledged before me this day of f 20 , by on behalf of whom the instrument was executed. Notary Public Signature Name of Notary Printed Notary Commission Number: Personally known or produced identification Type of identification produced SAI'lanning Department\Application Forms\development review\Unity of Title Declaration 2006.doc ill LONG RANGE PLANNING DEVELOPMENT REVIEW 0 f C ITY OF C LEARWATER PLANNING DEPARTMENT POST OFFICE BOX 4748, CLEARWATER, FLORIDA 33758-4748 MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756 TELEPHONE (727) 562-4567 FAx (727) 562-4576 April 25, 2005 Mr. E. D. Armstrong III, Esquire Johnson, Pope, Bokor, Ruppel & Burns, LLP P. O. Box 1368 Clearwater, FL 33757-1368 RE: Development Order - Case Nos. FLD2005-01016tTDR2005-010171PLT2005-00002 715 South Gulfview Boulevard Dear Mr. Armstrong: This letter constitutes a Development Order pursuant to Section 4-206.D.6 of the Community Development Code. On April 19, 2005, the Community Development Board reviewed your requests for (1) Termination of Status of Nonconformity for density for the existing 105-room hotel tower, located on 2.383 acres (density to be converted to 78 dwelling units); (2) Flexible Development approval to permit attached dwellings with reductions to the front (north along S. Gulfview Blvd.) setback from 15 feet to 11.88 feet (to security guard house) and from 15 feet to 6.42 feet (to pavement), a reduction to the front (east along Gulf Blvd.) setback from 15 feet to zero feet (to pavement), a reduction to the side (west) setback from 10 feet to 4.29 feet (to pavement), a reduction to the side (south) setback from 10 feet to zero feet (to boardwalk), an increase to building height from 35 feet to 150 feet (to roof deck) with an additional 11 - 21 feet for decorative mansard architectural embellishments and a deviation to allow a building within visibility triangles, as a Comprehensive Infill Redevelopment Project, under the provisions of Section 2-803.C; (3) Transfer of Development Rights of 10 units from 41 Devon Drive and three units from the Sandpearl project located generally at 500 Mandalay Avenue, under the provisions of Section 4-1402 (TDR2005-01017); and (4) Preliminary Plat for one lot (PLT2005-00002). The Community Development Board (CDB) APPROVED the applications with the following bases and conditions: Bases for Approval: 1. The proposal complies with the Termination of Status of Nonconformity for density per Section 6- 109; 2. The proposal complies with the Flexible Development criteria as a Comprehensive Infill Redevelopment Project per Section 2-803.C; 3. The proposal is in compliance with other standards in the Code including the General Applicability Criteria per Section 3-913; 4. The proposal complies with Beach by Design; 5. The proposal complies with the Transfer of Development Rights per Section 3-1403; 6. The proposal complies with the Preliminary Plat provisions of the Code; and BRIAN J. AUNGST, MAYOR-COMMISSIONER How HAMILTON, VICE MAYOR-COMMISSIONER WHITNEY GRAY, COMMMISSIONER FRANK HIBBARD, COMMISSIONER BILL JONSON, COMMISSIONER "EQUAL EMPLOYMENT AND AFFIRMATIVE. ACTION EMPLOYER" April 25, 2005 Armstrong - Page Two 7. The proposal is compatible with the surrounding development and will assist in the redevelopment of properties within the immediate vicinity. Conditions of Approval: 1. That the final design and color of the building be consistent with the conceptual elevations submitted to, or as modified by, the CDB; 2. That, while the proposal is for a total of 151 dwelling units, only a maximum of 149 dwelling units be constructed on this site. The two remaining dwelling units cannot be constructed on-site and cannot be transferred off-site in the future; 3. That application for a building permit shall be made within two years of Flexible Development approval (April 19, 2007) and all required certificates of occupancy shall be obtained within two years of the date of issuance of the building permit; 4. That the applicant convey, at no cost to the City, to the City of Clearwater the property located at 41 Devon Drive upon the earlier of (a) 45 days after the applicant's receipt of notice from the City or (b) the date a building permit is issued for the construction of the improvements for this site. The applicant shall demolish, at no cost to the City, all site improvements within 30 days notice from the City. The applicant shall construct, at no cost to the City, a parking lot on the property, after the City obtains all necessary design approvals and permits (any meters shall be the responsibility of the city); 5. That a 10-foot wide sidewalk within the South Gulfview Boulevard right-of-way be designed and constructed for the site frontage in accordance with Beach Walk design specifications. The developer and City may agree on an alternate construction schedule or the provision of payment in lieu of construction; 6. That future signage meet the requirements of the Code and any future freestanding sign be a monument-style sign a maximum four feet in height, designed to match the exterior materials and color of the building; 7. That the maximum height of the fence along South Gulfview Boulevard and Gulf Boulevard be six feet, including columns; 8. That prior to the issuance of any building permits, the distance from the face of the gate arm to the back edge of the sidewalk within the South Gulfview Boulevard right-of-way at the western driveway be a minimum of 40 feet; 9. That a special warranty deed, specifying the number of dwelling units being conveyed or sold from 41 Devon Drive and from the Sandpearl project (generally located at 500 Mandalay Avenue) and being transferred to this site, be recorded prior to the issuance of any permits for this project. The special warranty deed shall also contain a covenant restricting in perpetuity the use of all platted lots at 41 Devon Drive and at the Sandpearl project due to the transfer of development rights. Any mortgage holder of the sending site (41 Devon Drive and the Sandpearl project) shall consent to the transfer of development rights prior to the issuance of any permits; 10. That the cabanas on the ground floor be used for storage only, in compliance with all Federal Emergency Management Administration (FEMA) rules and guidelines. Evidence of this restriction of use, embodied in condominium documents, homeowner's documents, deed restrictions or like forms, shall be submitted to the Building Official prior to the issuance of the first Certificate of Occupancy; 11. That sea-turtle friendly light fixtures be employed with the site design, with compliance demonstrated on plans acceptable to the Environmental Division, prior to the issuance of building permits; April 25, 2005 Armstrong - Page Three 12. That all proposed utilities (from the right-of-way to the proposed building) be placed underground. Conduits for the future undergrounding of existing utilities within the abutting right-of-way shall be installed along the entire site's street frontages prior to the issuance of a Certificate of Occupancy. The applicant's representative shall coordinate the size and number of conduits with all affected utility providers (electric, phone, cable, etc.), with the exact location, size and number of conduits to be approved by the applicant's engineer and the City's Engineering Department prior to the commencement of work; 13. That all applicable requirements of Chapter 39 of the Building Code be met related to seawall setbacks; 14. That a Final Subdivision Plat be recorded prior to the issuance of any permits and a condominium plat be recorded prior to the issuance of the first Certificate of Occupancy; 15. That all Parks and Recreation fees be paid prior to the issuance of any permits; and 16. That all Fire Department requirements be met prior to the issuance of any permits. Pursuant to Section 4-407, an application for a building permit shall be made in compliance with Condition #3 above (April 19, 2007). All required certificates of occupancy shall be obtained within the time frame listed above in Condition #3. Time frames do not change with successive owners. The Community Development Coordinator may grant an extension of time for a period not to exceed one year and only within the original period of validity. The Community Development Board may approve one additional extension of time after the community development coordinator's extension to initiate a building permit application. The issuance of this Development Order does not relieve you of the necessity to obtain any building permits or pay any impact fees that may be required. In order to facilitate the issuance of any permit or license affected by this approval, please bring a copy of this letter with you when applying for any permits or licenses that require this prior development approval. Additionally, an appeal of a Level Two approval (Flexible Development) may be initiated pursuant to Section 4-502.13 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 May 3, 2005 (14 days from the date of the CDB meeting). 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. *Make Us Your Favorite! Sincerely, Mic ael Del , Planning Director S: Planning DepartmentiC D BIFLEX (FLD)Unactive or Finished Applications lGulfview S 0715 Sunspree Condominiums (7) - ApprovedlGulfview S 0715 Development Order.doc 0 0 Wells, Wayne From: Wells, Wayne Sent: Thursday, April 14, 2005 10:45 AM To: Jayne Sears (E-mail) Subject: FW: Staff Reports for the April 19, 2005, CDB meeting Jayne - Forgot to ask that I need to know whether the conditions for each of the cases are acceptable or not, preferably by 10:00 am on Monday, April 18, 2005. Thanks. Wayne -----Original Message----- From: Wells, Wayne Sent: Thursday, April 14, 2005 10:32 AM To: Jayne Sears (E-mail) Subject: Staff Reports for the April 19, 2005, COB meeting Jayne - Attached are Staff Reports for the April 19, 2005, Community Development Board (CDB) meeting, beginning at 1:00 pm for the following cases (attorney in parentheses): 1. (Troy Perdue) FLD2004-10076/TDR2004-10014 [Wells, Wayne] 12 Idlewild Street. 2. (Tim Johnson) FLD2005-01005/SGN2005-01016 [Wells, Wayne] 430 South Gulfview Boulevard. 3. (Ed Armstrong) FLD2005-01016/TDR2005-01017/PLT2005-00002 [Wells, Wayne] 715 South Gulfview Boulevard. If you need anything, let me know. Thanks. Wayne Idlewild 12 Staff Gulfview S 0430 Gulfview S 0715 Report for 4... Staff Report.d... Staff Report.d... 1 # 0 0 1. Comment : FLD2005-01016 715 S. Gulfview Boulevard MAR 2 4 2005 Responses to 3/17/05 Comments If all structures south of the seawall are to be removed, place a note on Sheets 4/12 and 7/12 to indicate such. Response: Sheets have been revised to delete all existing structures with the exception of the seawall. 2. Comment : Dimension the width of interior landscape islands on Sheet 4/12. Response: Dimensions for the landscape islands have been added on Sheet 4, as requested. 3. Comment : Maximum fence height in the T District within the front setback is six feet; proposed is seven feet. Have included the increase to fence height within advertised request. Need to provide justification for height increase. Alternately, reduce height to six feet. Response: The fence itself is 6 feet in height but it is attached to 7 ft. columns. Attached are 15 sets of a revised Exhibit "B" to the comp. infill application including the request for the 7 ft. columns. Thank you for adding this to the advertised request. 4. Comment : Since the sign in front of the security guard building is within the visibility triangle, revise Sheet L-1 to remove the sign from this location (since an alternate location is also shown. ML Response: MAR 4 2005 The sign location has been revised on Sheet L-1. 5. Comment : There is no perimeter buffer in the T District. Therefore no comprehensive landscape program is necessary. Response: Acknowledged. Please withdraw the Comprehensive Landscape Program application. 6. Comment : Sheet 1/12, Land Use Data - If the proposed paved vehicular use area is 35,155 s.f. and the proposed interior landscape area is 24,830 s.f., then the proposed interior landscape percentage is 68.67% (24,830 divided by 35,155), not 40%. Revise Sheet 1/12. Response: The percentage has been corrected. Please refer to the revised land use data table on the cover sheet. 7. Comment : Provide TWO square footage and acreage numbers for this site: one for that zoned T District for the upland area (area above the seawall) and one for that zoned OS/R for the beach area (area below the seawall) zoned Open Space/Recreation District. You may ALSO (but not only) provide a total of the two. Provide the proposed density calculation for the project based on the land area zoned Tourist District. Response: The Site Data Table has been revised, as suggested. 8. Comment : Revise Sheet 9/12 to eliminate walls blocking access to the eastern parking garage entry. 2 Response: The drawing has been corrected. Please see revised Sheet 9/12. MAR 2 4 2005 9. Comment : While in your response you have indicated that you eliminated this space, it appears that it still exists on Sheets 5/12 and 8/12. . It is shown striped out on Sheet 3/13. Revise Response: See revised Sheets 5/12, 8/12 and 3/13. 10. Comment : Revise Sheet 4/13, Unit Tabulation, Total for Tower 11, Levels 14-15, from 2to6. Response: See revised Sheet 4/13. 11. Comment : Code definition of "height, building or structure" provides "elevator equipment rooms and like mechanical equipment enclosures shall be permitted to project up to 16 feet higher than the maximum height otherwise specified for the zoning district assigned to the property." These rooms are not listed as appropriate for additional permitted height. Provide greater explanation as to what these "architectural elements" are to be used for. Response: Please see the revised Exhibit "B" to Flexible Development Application. In particular, we have revised our response to Criteria 8 (beginning at the top of Page 5) to elaborate on the request for additional height. 12. Comment : Not clear as to why Code cannot be met. Why must the elevator equipment be above the elevator? All other projects have been made to meet this 16'foot limitation. Provide additional documentation and justification. Response: 3 Please see the revised Exhibit T" to Flexible Development Application. In particular, we have revised our response to Criteria 8 (beginning at the top of Page 5) to elaborate on the request for additional height. 13. Comment : Include condition on any approval regarding additional plantings. Site, however, has limited planting area for additional plantings. Response: A note has been added to revised Sheet L-1 to indicate that the applicant will add trellises or plant material that will grow up the side of the building in order to comply with Beach by Design. #341636 v1 MAR 4 2005 4 Height The request for additional height is consistent with the guidelines set forth in Beach by Design. The request for the addition of a decorative mansard architectural embellishment to be attached to the flat roof decks will allow the applicant to hide various mechanical equipment which is otherwise allowed to exceed the height requirements. Attached is an elevator shop drawing diagram which depicts the proposed elevator a ui ment. As shown in the drawing, 18 feet of clearance covered bar a 10" slab is re aired for the to floor elevator equipment. Assuming that the to living floor of the condominium has a clearance of approximately 10 feet the to of the machine room floor will be located 8'-10" above the roof. The machine room requires 7'6" of clearance and is topped with an 8" slab. As shown on "Line C" of the drawing,-the total clearance height re uired is 264". Aggin, assuming a 10' clearance for the to living floor, that will leave 16'-4" above the roof deck. The reason for the re guest to 21 feet is that the applicant proposes to install a hi roof on top of the mechanical slab and a facade in front of the elevator a ui ment for architectural enhancement. The "tiered" appearance with separated rooftops is depicted in the building elevations submitted with the application see Notebook). Section 4-1403.C. of the Clearwater Community Development Code provides that the use of transferable development rights may be authorized to increase the permitted height of a building up to one and one-half times the maximum height otherwise permitted. The following criteria are set forth: 1. The sending site and the receiving site must be located within the City. The two sending sites and the receiving site are all located on Clearwater Beach. 2. No building which exceeds 100 feet in height shall be located within 100 feet of any other building which exceeds 100 feet in height. No more than two buildings which exceed 100 feet in height shall be located within 500 feet of any building which exceeds 100 feet in height. The Sea Wake Motel, located on the adjacent parcel to the west and within 100 feet of the property is 60.42' in height. The two proposed condominium buildings (both exceeding 100' in height) will not be located within 500 feet of any other buildings exceeding 100 feet in height. 5 MAR-21-2005 13:25 ?MC COMMUNITIES 8138212007 P.02i02 / .. C-- L.GV tt / C-11'- .57?40P 1•-9 546 AJDtsr' 139`Aty% (,No7" ?1?^t ? ? d 42"4L Fad V • 6'd u tP M t 1 . . m W r W f`- INSERT ER 0 E1N C NOT BpYY?RTPL , D D EXCEE TION NOT o ir{AXIM M BRACKET SPACING. SEE NOTE 5. Q r a: a u a co F= tA ri+ o ? ` V C d w ^ ,o C. v+ :n 5 TOP FLOOR DETAIL .A. Z .1 V TnTRI P - R;) r CITY OF CLEARWATER PLANNING DEPARTMENT POST OFFICE BOX 4748, CLEARWATER FLORIDA 33758-4748 a>° `, ¢ MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756 TELEPHONE (727) 562-4567 FAX (727) 562-4576 LONG RANGE PLANNING DEVELOPMENT REVIEW March 25, 2005 Mr. E. D. Armstrong III, Esquire Johnson, Pope, Bokor, Ruppel & Burns, LLP P. O. Box 1368 Clearwater, FL 33757-1368 Re: Community Development Board Meeting (Case Nos. FLD2005-01016/TDR2005- 01017/PLT2005-00002) Dear Mr. Armstrong: The Case Nos. FLD2005-01016/TDR2005-01017/PLT2005-00002 for (1) Termination of Status of Nonconformity for density for the existing 105-room hotel tower, located on 2.383 acres (density to be converted to 78 dwelling units); (2) Flexible Development approval to permit attached dwellings with reductions to the front (north along S. Gulfview Blvd.) from 15 feet to 11.88 feet (to security guard house) and from 15 feet to 6.42 feet (to pavement), a reduction to the front (east along Gulf Blvd.) from 15 feet to zero feet (to pavement), a reduction to the side (west) setback from 10 feet to 4.29 feet (to pavement), a reduction to the side (south) setback from 10 feet to zero feet (to boardwalk), an increase to building height from 35 feet to 150 feet (to roof deck) with an additional 11 - 21 feet for decorative mansard architectural embellishments, an increase to fence height within the front setback from six feet to seven feet and a deviation to allow a building within visibility triangles, as a Comprehensive Infill Redevelopment Project, under the provisions of Section 2-803.C; (3) Transfer of Development Rights of 10 units from 41 Devon Drive and three units from the Sandpearl project located generally at 500 Mandalay Avenue, under the provisions of Section 4-1402 (TDR2005-01017); and (4) Preliminary Plat for one lot (PLT2005-00002), for property located at 715 South Gulfview Boulevard, has been scheduled to be reviewed by the Community Development Board on April 19, 2005. The meeting will take place at 1:00 p.m. in the City Council Chambers, 3`d floor of City Hall at 112 S. Osceola Avenue, Clearwater. If you have any questions, please do not hesitate to call me at 727-562-4504. ?Sincerely, ` `0'Q4 ?- ?- W Wayne. Wells, AICP Planner III S: (Planning DepartmentlC D BIFLEX (FLD)IPending caseslUp for the next CDBVGulfview S 07/5 Sunspree Condominiums (7) - 4.19.45 CDB - WWIGulfview S 0715 4.19.05 CDB Letter.doc BRIAN. AUNGSTMAYOR-COMMISSIONER HOYT HAMILTON, VICE MAYOR-COMMISSIONER WHITNEY GRAY, COMMISSIONER FRANK HIBBARD, COMMISSIONER BTI.I,JONSON, COMMISSIONER ,EQUAL EMPLOYMF,N 1 AND AFFIRNIATIvi, ACTION EMPLOYER., FAX COVER MEMO CITY OF CLEARWATER PLANNING DEPARTMENT 100 S. MYRTLE AVE. CLEARWATER, FL 33756 (727) 562-4567 FAX: (727) 562-4865 TO:__ .? S q,?? FAX: V Z - d 3io 5 Phone:_ (" O FROM:\ ^l \rs)Q Phone: 2 5-t DATE:.-3-1 Nk RE: V-" L-00 J - O 01 is -715- S . C, -41441 CA j a . MESSAGE: r NUMBER OF PAGES(INCLUDING THIS PAGE) J Mar. 21 2005 09:19AM YOUR LOGO CityOfClearwater-Plan Dept YOUR FASO NO. 727 562 4865 NO. OTHER FACSIMILE START TIME USAGE TIME MODE PAGES RESULT 01 94620365 Mar.21 09:17AM 02'32 SND 05 OK TO TURN OFF REPORT, PRESS 'MENU' #04. THEN SELECT OFF BY USING '+' OR '-'. FOR FAX ADVANTAGE ASSISTANCE, PLEASE CALL 1-8004ELP-FAX (435-7329). i?`?rrrr?•. s•; rr. Parks & Recs Condition 9 0 Conditions Associated With FLD2005-01016 715 S GULFVIEW BLVD Open Space/Recreation impact fees are due prior to issuance of building permits or final plat (if Not Met aplicable) whichever occurs first. These fees could be substantial and it is recommended that you contact Art Kader at 727-562-4824 as early as possible to calculate the assessment. Solid Waste Service That dumpster service be arranged with the Solid Waste Department prior to the issuance of an Not Met occupational license or certificate of occupancy. Please contact Tom Glenn - 727-562-4930 All Dumpsters and recycyling carts are to be rolled to staging areas by on site maintenance personel Zoning Condition 03/17/2005 03/17/2005 03/17/2005 --- 7 03/17/2005 3/17/05 - WW If all structures south of the seawall are to be removed, place a note on Sheets 4/12 and 7/12 to indicate such. Is there a reason for the existing development, which is proposed to be totally removed, shown on Sheet 7/12? Makes it confusing and difficult to read. This wasn't depicted on Sheet 4/12 the same way. 3/17/05 - W W If all structures south of the seawall are to be removed, place a note on Sheets 4/12 and 7/12 to indicate such. Wayne Wells 562-4504 Not Met Unclear why existing structures along the water are ghosted in on Sheets 4-5/12 and Sheets 7-9/12 (?). If they are to be removed, much like all other existing improvements, provide a demolition plan. Dimension the width of the drive aisle parallel with S. Gulfview & Gulf Blvds., driveways and interior landscape islands. Not Met Not Met 3/17/05 - WW Not Met Maximum fence height in the T District within the front setback is six feet; proposed is seven feet. Have included the increase to fence height within advertised request. Need to provide justification for height increase. Alternately, reduce height to six feet (Staff cannot support increased height). Provide detail of proposed aluminum fencing with CMU columns to match architecture (stated on Sheet L-1). Indicate height. 03/17/2005 r3117105---W-W- Not Met ?? Since the sign in front of the security guard building is within the visibility triangle, revise Sheet L-1 to remove the sign from this location (since an alternate location is also shown). Indicate on Sheet 4/12 the proposed sign location(s) (see Sheet L-1), with proposed/required setback. Print Date: 03/21/2005 CaseConditons Page 1 of 4 0 0 FLD2005-01016 715 S GULFVIEW BLVD Zoning Condition Wayne Wells 562-4504 03/17/2005 3/17/05 - WW Not Met include as a condition on any approval. 122/05 - WW Sheet 2/13 of architectural plans - what are all these storage units facing the water and pool? Are these rather cabanas for the residents? If so, these units must meet Building and FEMA Codes for what can be within them - no refrigerators, etc.). 03/17/2005 /17/05 -W Not Met There is no perimeter buffer in the T District. Therefore, no Comprehensive Landscape Program is necessary. Unclear why a Comprehensive Landscape Program has been submitted? Advise. 03/17/2005 3/17/05 - WW Not Met Sheet 1/12, Land Use Data - If the proposed paved vehicular use area is 35,155 sf and Dtthhee --? proposed interior landscape area is 24,830 sf, then the proposed interior landscape pe68.67% (24,830 divided by 35,155), not 40%. Revise Sheet 1/12. Depict by shading or crosshatching of all required parking lot interior landscaped areas. 03/17/2005 3/17/05 - WW Not Met Provide TWO square footage and acreage numbers for this site: one for that zoned T District for ---?+ the upland area (area above the seawall) and one for that zoned OS/R for the beach area (area below the seawall). You may ALSO (but not only) provide a total of the two. Revise the Land Use Dafa Table on Sheet 1/12 to provide the square footage and acreage for the upland area (area above the seawall) zoned Tourist District and the square footage and acreage for the beach area (area below the seawall) zoned Open Space/Recreation District. 03/17/2005 3/17/05-- W Not Met Provide TWO square footage and acreage numbers for this site: one for that zoned T District for the upland area (area above the seawall) and one for that zoned OS/R for the beach area (area below the seawall). You may ALSO (but not only) provide a total of the two. Provide the proposed density calculation for the ro'ect based on the land area zoned Tourist District. Provide the proposed density calculation for the project based on the land area zoned Tourist District. 03/17/2005 3/17/05 & 2/22/05 - WW Not Met ondition to be inclu a in tall Report: hat a special warranty deed, specifying the number of d'we ing units being conveyed or so om 41 Devon Drive and the Sandpearl project and being transferred to this site, be recorded prior to the issuance of any permits for this project. The special warranty deed shall also contain a covenant restricting in perpetuity the use of all platted lots at 41 Devon Drive and the Sandpearl project due to the transfer of development rights. Any mortgage holder of the sending site (41 Devon Drive and the Sandpearl project) shall consent to the transfer of development rights prior to the issuance of any permits. 03/17/2005 3/17/05 & f %ncluded WW Not Met ondition in Staff Repohat the final design and color of the building be consistenconcepn uuaTeeeeva ions submitted to, or as modified by, the CDB. 03/17/2005 3/17/05 & 2/22/05 - Not Met Condition to be included in Staff Report: hat all proposed utilities (from the right-of-way to the propose ui ing e p ace un erground. Conduits for the future undergrounding of existing utilities within the abutting right-of-way shall be installed along the entire site's street frontages prior to the issuance of a Certificate of Occupancy. The applicant's representative shall coordinate the size and number of conduits with all affected utility providers (electric, phone, cable, etc.), with the exact location, size and number of conduits to be approved by the applicant's engineer and the City's Engineering Department prior to the commencement of work. CaseConditons Print Date: 03/21/2005 Page 2 of 4 9 0 FLD2005-01016 715 S GULFVIEW BLVD Zoning Condition Wayne Wells 562-4504 03/17/2005 305 & 2/22/05 - WW Not Met ondition to beinluded in Staff Report: That any future freestanding sign be a monument-style sign a maximum four feet in heig unless a six-foot height is otherwise approved through the Comprehensive Sign Program) and designed to match the exterior materials and color of the building. 03/17/2005 3/17/05 & 2/22/05 - WW Not Met (Condition to be included in Staff Report: That a condominium plat be recorded prior to the issuance of the first erti icl-aTe o ccupancy. 03/17/2005 2/22/0 -- WW Not Met Condition to be included in Staff Re ort: That all applicable requirements of Chapter 39 of the Bui ing ocTee met related to seawall setbacks. 03/17/2005 3/17/05 & 2/22/05 - WW Not Met ondition to be included in Staff Report: hat all Fire Department requirements be met prior to the issuance of any perms s. 03/17/2005 3/17/05 & 2/22/05 - WW _ Not Met ondition to be included in Staff Reort: That all Parks and Recreation fees be paid prior to the issuance ofi any permits. 03/17/2005 /17/05 - W Not Met Provide TWO square footage and acreage numbers for this site: one for that zoned T District for -7 the upland area (area above the seawall) and one for that zoned OS/R for the beach area (area below the seawall). You may ALSO (but not only) provide a total of the two. Provide the proposed density calculation for the project based on the land area zoned Tourist Distri Since the Termination of Status of Nonconformity is being based on 2.383 acres, ensure that the overall density is in conformance with only that zoned Tourist District. 03/17/2005 d/17 / /27/05 - W W Not Met ondition to be inc u e in the SThat the applicant have two years after the Community evelopment oarto submit for a building permit and two years after the issuance of a building permit in which to obtain a final Certificate of Occupancy. 03/17/2005 3/17/05 - WW Not Met Include as a condition of any approval the prohibition of the future development or transfer of the two unused units described in the Density Table. 2/27/05 - Based on the Density Table submitted attached to a letter from Ed Armstrong on February 11, 2005, it is indicated that a total of 151 units are available for this site, versus only 149 to be developed. Since some of these units are being transferred to this site through TDR, the total number of available units and the number of units to be developed should be the same. Reduce from three units to one unit being transferred from the Sandpearl project. 03/17/2005 3117105 - W W Not Met Revise Sheet 9112 2/27/05 - WW Revise Sheets 4/12, 7/12 and 9/12 (civil) to eliminate walls blocking access to the eastern parking 03/17/2005 3/17/05 - WW Not Met While in your response you have indicated that you eliminated this space, it appears that it still exists on Sheets 5/12 and 8/12. It is shown striped out on Sheet 3/13. Revise. 2/27/05 - W W Level 2 parking - eliminate the one (bare) parking space on the east end adjacent to the generator room, as it must back out blind into the main drive aisle. 03/17/2005 3/17/05 - WW Not Met CaseConditons Print Date: 03/21/2005 Page 3 of 4 0 9 FLD2005-01016 715 S GULFVIEW BLVD Zoning Condition Wayne Wells 562-4504 ---7^ Revise Sh et 4/13 Unit T lation Total for Tower II, Levels 14-15, from 2 to 6. 7/05 - WW Based on revised information regarding unit tabulation on Sheet 4/13, revise Sheet 1/12 (civil) for unit tabulation. Separate per building, since there is an unequal amount. 03/17/2005 3/17/05 - WW Not Met Code definition of "Height, building or structure" provides "Elevator equipment rooms and like mechanical equipment enclosures shall be permitted to project up to 16 feet higher than the maximum height otherwise specified for the zoning district assigned to the property." These rooms are not listed as appropriate for additional permitted height. Provide greater explanation as to what these "architectural elements" are to be used for. Based on the roof plan (sheet 7/13) and the building elevations (Sheets 10-13/13), what are the octagonal rooms on either end of the building on the roofs to be used for? 03/17/2005 3/17/05 - WW Not Met Not clear as to why Code cannot be met. Why must the elevator equipment be above the elevator? All other projects have been able to meet this 16-foot limitation. Provide additional documentation and justification. Unclear why the elevator/stair towers must be 21 feet high (to the top of the pitched roof) rather than meeting the Code provided maximum of 16 feet? Provide full justification. 03/17/2005 3/17/05 - W W Not Met ..--? Include condition on any approval reg?ing?iti nal pla ntings. Site, however, has limited planting area for additional plantings. Per Beach by Design, "when a parking garage abuts a public road or other public place, it will be designed such that the function of the building is not readily apparent except at points of ingress and egress." Parking garage as seen from the north elevation is a massive, stark, blank and bland wall. Any way to dress this up to meet Beach by Design but avoid the blandness and starkness of a blank wall? Print Date: 03/21/2005 CaseConditons Page 4 of 4 V' ,. 0 0 JOHNSON, POPE, BOKOR, RUPPEL & BURNS, LLP ATTORNEYS AND COUNSELLORS AT LAW E. D. ARMSTRONG III BRUCE H. BOKOR JOHN R. BONNER, SR.* GUY M. BURNS JONATHAN S. COLEMAN BECKY FERJ? I L -? COLLEEN M. FLYNN STACY COSTNER MICHAEL T. CRONIN ELIZABETH J. PA?IPLS RINAT HADAS MARION HALE SCOTT C. ILGENFRITZ FRANK R. JAKES TIMOTHY A. JOHNSON, JR. SHARON E. KRICK R(X L R ?. LARSON UI AN, L LETIZE MAR 10 2005 MICHAEL G. LITTLE MICHAEL C. MARKHAM ZACHARY D. MESSA A.R. "CHARLIE" NEAL TROY J. PERDUE F. WALLACE POPE, JR. ROBERT V. POTTER, JR. AUDREY B. RAUCHWAY DARRYL R. RICHARDS 'Al .;K?G1N March 10, 2005 Via Hand Delivery Wayne M. Wells, AICP City of Clearwater Planning Department 100 South Myrtle Avenue, 2"d Floor Clearwater, Florida 33756 Re: Responses to DRC Comments FLD2005-01016 - 715 S. Gulfview Boulevard (Sunspree) Dear Wayne: GENERAL ENGINEERING: PETER A. RIVELLINI DENNIS G. RUPPEL* CHARLES A. SAMARKOS PHILIP M. SHASTEEN JOAN M. VECCHIOLI STEVEN H. WEINBERGER JOSEPH J. WEISSMAN STEVEN A. WILLIAMSON *OF COUNSEL PLEASE REPLY TO CLEARWATER FILE NO. 45059.108146 Comment No. 1: Fire and domestic water line tap locations should either be closer to the proposed fire hydrants and connections to building or designed such that the water service loops through the property to prevent stagnation. Response No. 1: FDC was attempting to utilize the existing DCVA's. Prior to building permit, we will ask the Utilities Department to field verify the adequacy of the existing DCVA to remain in operation. Comment No. 2: Fire hydrants shall be directly connected to City water line with flow unrestricted by a backflow prevention device. Response No. 2: Agreed. The proposed water system has been revised to accommodate the request. Comment No. 3: Western trash staging area will be difficult to access with solid waste vehicles. Trash pickup location is subject to CLEARWATER OFFICE 911 CHESTNUT ST. POST OFFICE BOX 1368 (ZIP 33757-1368) CLEARWATER, FLORIDA 33756-5643 TELEPHONE: (727) 461-1818 TELECOPIER: (727) 441-8617 TAMPA OFFICE 403 EAST MADISON STREET SUITE 400 POST OFFICE BOX 1100 (ZIP 33601-1100) TAMPA, FLORIDA 33602 TELEPHONE: (813) 225-2500 TELECOPIEW (813) 223-7118 r 0 JOHNSON, POPE, BOKOR, RUPPEL & BURNS, LLP ATTORNEYS AND COUNSELLORS AT LAW Wayne M. Wells, AICP March 10, 2005 MAR 10 2005 Page 2 review and approval of the Solid Waste Department. Contact Tom Glenn at 727.562-4930. Response No. 3: Tom Glenn is satisfied with the location shown as a staging area for trash collection. Comment No. 4: Bring all substandard sidewalks and sidewalk ramps adjacent to or part of the project up to standard including A.D.A. Response No. 4: A note has been added to Sheet 7, requesting that all substandard sidewalks and sidewalk ramps be brought up to current standards, including ADA. All of the above to be addressed prior to CDB. The following to be addressed prior to building permit: Comment No. 1: A separate right-of-way permit is required for the brick paver driveway. Contact Don Melone (727.562.4798) for permit information. Response No. 1: Noted. A separate right-of-way permit will be processed, for the brick paver driveway, at building permit time. Comment No. 2: Concrete driveway apron constructed within the right-of-way shall be a minimum 6" thick 3,000 psi fibermesh concrete with 6" x 6" / 10x10 welded wire mesh. Response No. 2: Noted. Concrete driveway apron will meet with City requirements, as stated above. See note 5 on Sheet 7. Comment No. 3: Ductile iron pipe must be installed between any tap and water meter. Ductile iron pipe must be installed between any tap and backflow preventor device. At least one joint of ductile iron pipe shall be installed on the service side of any backflow preventor device. Response No. 3: Noted. Ductile iron pipe will be installed, as requested. Environmental: Comment No. 1: Please submit sea turtle friendly lighting design and installation details prior to building permit. (Community Development Code Section 301302-D and City Or. No. 6928- 02). Response No. 1: Attached is a guide from the Florida Fish and Wildlife Conservation Commission as pertains to sea turtle lighting. We will use this and all City of Clearwater Codes and Ordinances as a guide when submitting a lighting design for City review prior to the building permit. Fire: Comment No. 1: This DRC Review by Fire is not an approval or review of any construction plans or documents other than site work. Response No. 1: Acknowledged. Comment No. 2: Show minimum 28 foot turning radii for ingress and egress for emergency vehicles. Please acknowledge PRIOR TO CDB. Response No. 2: Agreed. A 28 ft. turning radius will be provided for emergency vehicles. Comment No. 3: Where underground water mains and hydrants are to be installed, they shall be installed, completed, and in service prior to construction as per NFPA-241. Please acknowledge PRIOR TO CDB. Response No. 3: Agreed. A note (See note 12, Sheet 9) has been added to the utilities sheet, acknowledging this requirement. Comment No. 4: Where is the water supply to protect the back side of the building? The closets hydrant shown on plans exceeds 300 feet from the most remote point of the building. Provide a fire ! 0 JOHNSON, POPE, BOKOR, RUPPEL & BURNS, LLP ATTORNEYS AND COUNSELLORS AT LAW Wayne M. Wells, AICP l March 10, 2005 Page 4? hydrant with in 300 feet of the most remote point of the building. Please acknowledge PRIOR TO CDB. Response No. 4: Additional fire hydrants have been shown on Sheet 9. Additionally, the fire line has been looped. Comment No. 5: Fire hydrant(s) must be on separate, unrestricted line(s). Hydrants shown on the plan are on restricted lines. Please acknowledge PRIOR TO CDB. Response No. 5: All fire hydrants are now shown on unrestricted lines. See revised Sheet 9. Comment No. 6: Grate inlets shown in drive aisles must meet requirements for 80,000 lb fire truck. (HS 20 Bridge design). Please acknowledged PRIOR TO CDB. Response No. 6: A note has been added to Sheet 7, requiring that all drainage structures within pavement be designed for HS-20 loading. Comment No. 7: Provide 24 ft roadway/drive aisle for emergency vehicle access. Please acknowledge PRIOR TO CDB. Response No. 7: Acknowledged. All drives shall be 24 wide, minimum. Comment No. 8: Provide 20 ft. wide ingress and egress each side of divided drive on north exit/entrance to property. Please acknowledged PRIOR TO CDB. Response No. 8: Agreed. Entrance has been redesigned with 20 ft. wide entrance/exit. Comment No. 9: Please provide a copy of the agreement for the use of the land to be used for the emergency vehicle turn-around PRIOR TO CDB. Response No. 9: Please see copy of existing lease. ! #r? JOHNSON, POPE, BOKOR, RUPPEL & BURNS, LLP ATTORNEYS AND COUNSELLORS AT LAW Wayne M. Wells, AICP 0 2605 March 10, 2005 Page 5 Comment No. 10: Install a gate type lock box as per County Ordinance No. 98-4 for emergency vehicle access. Applications for lock boxes are available at the Life safety building of Clearwater Fire and Rescue, 600 Franklin St., Clearwater. Please acknowledge PRIOR TO CDB. Response No. 10: Acknowledged. Lock boxes, in conformance with County Ordinance No. 98-4, will be provided at each gated access. Comment No. 11: The vault located under the ramp must be designed to HS-20 specifications. Please acknowledge PRIOR TO CDB. Response No. 11: Acknowledged. The vault shall be designed to HS-20 loading. A note has been added to Sheet 7. Comment No. 12: The ramp over the vault must be designed to HS-20 specifications. Please acknowledge PRIOR TO CDB. Response No. 12: Acknowledged. See response to Item 11, above. Comment No. 13: Vault under ramp to be designed to HS-20 specifications. Please acknowledge PRIOR TO CDB. Response No. 13: Acknowledged. See response to Item 11. Comment No. 14: Ramp to be designed to HS-20 specifications. Please acknowledge PRIOR TO CDB. Response No. 14: Acknowledged. See response to Item 11. Harbor Master: No comments. Legal: No comments. Land Resources: No comments. 0 i JOHNSON, POPE, BOKOR, RUPPEL & BURNS, LLP fAQR 1 2135 ATTORNEYS AND COUNSELLORS AT LAW Wayne M. Wells, AICP March 10, 2005 Page 6 Landscaping: OR, GINAL Comment No. 1: The plan indicates 200 annuals in the table on sheet L-2 where there appear to be three areas of 200, or 600 total plants. Revise to reflect correct number. Response No. 1: Noted and Changed. In addition, our specifications indicate if there is a discrepancy between the plant count on the plans and the plant material schedule the plans shall rule. Comment No. 2: The plans indicate 5 "AC" to the north of the pool on sheet L- 2 where there are two groups of 5 depicted, or ten total plants. Revise drawing and table to reflect. Response No. 2: Noted and Changed. In addition, our specifications indicate if there is a discrepancy between the plant count on the plans and the plant material schedule the plans shall rule. Parks and Recreation: Comment No. 1: To be able to determine whether the Open Space Dedication requirement applies to this project additional building coverage information needs to be noted in the site data table. The recreation impact fees will apply on this project and needs to be addressed prior to building permit or plat whichever comes first. Contact Art Kader at 727-562-4824. Response No. 1: The information requested has been added to the Site Data Table on the Cover Sheet. Developer to discuss impact fees with Mr. Kader. Stormwater: Comment No. 1: Prior to issuance of a building permit the following conditions are to be met: 1) SWFWMD approval or exemption must be obtained. 2) 50 Foot of adjacent topo to be shown on drainage plan. JOHNSON, POPE, BOKOR, RUPPEL & BURNS, LLP ATTORNEYS AND COUNSELLORS AT LAW Wayne M. Wells, AICP +??''` 2005 March 10, 2005 Page 7 3) All existing storm lines that originated from the old Holiday Inn parking lot are to be completely removed on site and off site. Response No. 1: 1) Agreed. SWFWMD approval, or exemption, will be provided. 2) Please refer to Existing Conditions (Sheets 2 & 3) and let FDC know if additional elevations are necessary. 3) Agreed. All existing lines (storm) will be removed. Solid Waste: Comment No. 1: That dumpster service be arranged with the Solid Waste Department prior to the issuance of an occupational license or certificate of occupancy. Please contact Tom Glenn - 727- 562-4930. All Dumpsters and recycling carts are to be rolled to staging areas by on site maintenance personnel. Response No. 1: Acknowledged. Developer will contact Solid Waste Department for dumpster service. Traffic Engineering: Comment No. 1: Suggest relocating accessible aisle for handicap parking space on the northwest corner of the second floor. Response No. 1: Agreed. Aisle has been relocated, as suggested. Comment No. 2: Accessible route must be located where the user will not be compelled to walk or wheel behind any parked vehicles. (Florida Accessibility Code, Section 11-4.6.2) Response No. 2: Handicapped parking has been slightly revised to improve on safety. Comment No. 3: Correct line types on drawing of the handicap sign detail. JOHNSON, POPE, BOKOR, RUPPEL & BURNS, LLP ATTORNEYS AND COUNSELLORS AT LAW m 10 2005 Comment No. 4: Walls must not impede motorists line of sight when backing out from parking stall (Community Development Code Section 3-1402 A). Response No. 4: Agreed. A note has been added to the Site Plan stating walls should not impede motorist's line of sight. Comment No. 5: Is the second floor a one-way flow? If so, install signs and markings to better inform motorists of direction of flow/travel. If not, provide demonstration that turning vehicles will not encroach into oncoming lanes. Response No. 5: Yes, it is the intent to have one-way flow to reduce conflict points. Additional signs and markings will be provided on Construction Plans. Comment No. 6: All parking spaces may be either 19' long typical or 20' long typical not both. Response No. 6: All parking spaces shall be the same length. Comment No. 7: Driveway radius must meet the Fire Department's approval. Response No. 7: Acknowledged. Comment No. 8: Show 20' x 20' site distance triangles at all driveways. See eastern driveway and egress leg of western driveway on Page 4 of 12. The triangles are measured from the property line and objects within the sight distance triangles must not exceed 30" in height from the pavement. (Community Development Code Section 3-904). Response No. 8: Please refer to revised Sheet 4. JOHNSON, POPE, BOKOR, RUPPEL & BURNS, LLP ATTORNEYS AND COUNSELLORS AT LAW Wayne M. Wells, AICP MAR `! 2005 March 10, 2005 Page 9 0 ?\\ Comment No. 9: At western driveway, distance from face of gate arm to the back edge of sidewalk must be 40 ft. Response No. 9: The gate location has been revised to provide the required distance from back of sidewalk. Comment No. 10: What type of access is planned for the eastern driveway? If ingress is anticipated, stacking distance must be provided between gate and back of sidewalk. Response No. 10: Resident exit and emergency vehicle access, only. All of the above to be addressed prior to CDB. Comment No. 1: General note: Transportation Impact Fees to be determined and paid prior to C.O. Response No. 1: Transportation Impact Fees are not required for this project, since the proposed condo trip generation is substantially less than that of existing hotel. Planning: Comment No. 1: Is there a reason for the existing development, which is proposed to be totally removed, shown on Sheet 7/12? Makes it confusing and difficult to read. This wasn't depicted on Sheet 4/12 the same way. Response No. 1: The existing information has been removed except for the seawall (to remain). Construction Plans to be submitted for building permit will contain a Demolition sheet to clearly show items to be removed. Comment No. 2: Unclear why existing structures along the water are ghosted in on Sheets 4-5/12 and Sheets 7-9/12(?). If they are to be removed, much like all other existing improvements, provide a demolition plan. JOHNSON, POPE, BOKOR, RUPPEL & BURNS, LLP ATTORNEYS AND COUNSELLORS AT LAW Wayne M. Wells, AICP March 10, 2005 01? R? GN Page 10 Response No. 2: See response to Comment No. 1, above. Comment No. 3: Dimension the width of the drive aisle parallel with S. Gulfview & Gulf Blvds., driveways and interior landscape islands. Response No. 3: Additional dimensions have been shown on the Site Plan (Sheets 4&5). Comment No. 4: Provide dimension from front property line to security guard house. Response No. 4: The dimension has been added, as requested. Comment No. 5: Provide the dimension from the east property line to the emergency vehicle turnaround. Response No. 5: The dimension has been added to Sheet 4. Comment No. 6: Indicate the surface material of the emergency vehicle turnaround. Response No. 6: The emergency vehicle turnaround shall be asphalt pavement (heavy duty section). Comment No. 7: Revise Sheet 4/12 to indicate the emergency access on the west side. Response No. 7: Sheet 4 has been revised to show the emergency access. (Compacted soil overlaid with sand-grown grass). Comment No. 8: Trash room on southwest corner of western building - doors to the outside go into grass(?). Response No. 8: Plans have been revised to show a concrete sidewalk at this location. JOHNSON, POPE, BOKOR, RUPPEL & BURNS, LLP ATTORNEYS AND COUNSELLORS AT LAW Wayne M. Wells, AICP March 10, 2005 n, ?005 Page 11 Comment No. 9: Provide sight triangles at the eastern driveway. Response No. 9: Sight triangles have been added, as requested. Comment No. 10: How will vehicles enter/exit the eastern driveway with a fence/wall across it? Response No. 10: The eastern driveway will have a gate. Only residents (exiting) and emergency vehicles will be able to operate the gate, at this location. Comment No. 11: Provide detail of proposed aluminum fencing with CMU columns to match architecture (stated on Sheet L-1). Indicate height. Response No. 11: See sheet L-1 for the column and fence detail. Comment No. 12: Indicate on Sheet 4/12 the proposed fence with columns, and sliding gate, along S. Gulfview Blvd. and Gulf Blvd. Response No. 12: The proposed fence (as shown on the Landscape Architect's Plans) has been added to Sheet 4 of the Site Plans. Comment No. 13: Provide a means via sidewalk for guests to access the entrances from guest parking. Response No. 13: The sidewalk connecting the parking to the building have been added. The sidewalk(s) width and alignment have been coordinated between the Civil Site Plan and the Landscape Architect's plans. Comment No. 14: Provide dimensions from the seawall to the proposed buildings, the width of the boardwalk, width of sidewalks, etc. Response No. 14: Additional dimensions, widths of boardwalk/sidewalk have been shown on the revised Sheet 4. JOHNSON, POPE, BOKOR, RUPPEL & BURNS, LLP ATTORNEYS AND COUNSELLORS AT LAW Wayne M. Wells, AICP March 10, 2005 Page 12 pRIGINAL MAR 10 2005 Comment No. 15: Indicate on Sheet 4/12 the proposed sign location(s) (see Sheet L-1), with proposed/required setback. Response No. 15: Agreed. FDC has shown the sign on Sheet 4, per the Landscape Architect's "alternate location". Comment No. 16: Sheet 2/13 of architectural plans - what are all these storage units facing the water and pool? Are these rather cabanas for the residents? If so, these units must meet Building and FEMA Codes for what can be within them - no refrigerators, etc.). Response No. 16: The storage units are just that-storage units. They will be subject to Building and FEMA codes. Comment No. 17: Unclear why a Comprehensive Landscape Program has been submitted? Advise. Response No. 17: A Comprehensive Landscape Application has been submitted because the provided drive does not allow the standard 15 ft. perimeter buffer. Developer proposes some landscaping in the Gulfview Drive RM to compensate for the lack of buffer. Comment No. 18: Depict by shading or crosshatching of all required parking lot interior landscaped areas. Response No. 18: Agreed. The areas considered "interior landscaped areas" have been shaded on Sheet 4, as requested. Comment No. 19: Curb all landscape areas (interior and terminal islands). Response No. 19: Agreed. Curb has been added, as requested. Comment No. 20: Provide an irrigation plan. Response No. 20: Prior to initial submittal, we confirmed with Arden Dittmer that the nature of the preliminary submittal was such that a full irrigation design plan would not reflect the final actual landscape design. We have included irrigation notes stating the property to be 100% JOHNSON, POPE, BOKOR, RUPPEL & BURNS, LLP ATTORNEYS AND COUNSELLORS AT LAW Wayne M. Wells, AICP ? A 10 7005 March 10, 2005 Page 13 head to head irrigated along with adhering to all applicable City Codes in design of the irrigation system. Comment No. 21: Revise the Land Use Data Table on Sheet 1112 to provide the square footage and acreage for the upland area (area above the seawall) zoned Tourist District and the square footage and acreage for the beach area (area below the seawall) zoned Open Space/Recreation District. Response No. 21: The square footage/acreage shown on the Site Data Table and the Density Table are based on the area above the seawall (zoned Tourist District) and the beach area, waterward of the seawall. (zoned Open Space/Recreation District). Comment No. 22: Provide the proposed density calculation for the project based on the land area zoned Tourist District. Response No. 22: See response to Item No. 21, above. Comment No. 23: Provide the height of the Sea Wake Motel adjacent to the west. Response No. 23: The height of the Seawake Motel is 60.42ft. above grade. (Per survey by FDC). Ground level f.f.e. 9.60. Roofline elev. 70.02. Comment No. 24: Provide documentation that the proposal complies with all Transfer of Development Rights regarding additional height of Section 4-1403.C. Response No. 24: See revised Exhibit "B" to Flexible Development Application for Comprehensive Infill Redevelopment Project which explains how the project complies with Section 4-1403(C). Comment No. 25: Condition to be included in Staff Report: That a special warranty deed, specifying the number of dwelling units being conveyed or sold from 41 Devon Drive and the Sandpearl project and being transferred to this site, be recorded prior to JOHNSON, POPE, BOKOR, RUPPEL & BURNS, LLP ATTORNEYS AND COUNSELLORS AT LAW MAR i 0 2005 Wayne M. Wells, AICP i } March 10, 2005 tl Page 14 the issuance of any permits for this project. The special warranty deed shall also contain a covenant restricting in perpetuity the use of all platted lots at 41 Devon Drive and the Sandpearl project due to the transfer of development rights. Any mortgage holder of the sending site (41 Devon Drive and the Sandpearl project) shall consent to the transfer of development rights prior to the issuance of any permits. Response No. 25: Acknowledged. Since the 41 Devon Drive site will become the property of the City, we will work with the City Attorney as to the appropriate restrictive covenants to be placed on the property. Comment No. 26: Condition to be included in Staff Report: That the final design and color of the building be consistent with the conceptual elevations submitted to, or as modified by, the CDB. Response No. 26: Agreed. Comment No. 27: Condition to be included in Staff Report: That all proposed utilities (from the right-of-way to the proposed building) be placed underground. Conduits for the future undergrounding of existing utilities within the abutting right-of-way shall be installed along the entire site's street frontages prior to the issuance of a Certificate of Occupancy. The applicant's representative shall coordinate the size and number of conduits with all affected utility providers (electric, phone cable, etc.), with the exact location, size and number of conduits to be approved by the applicant's engineer and the City's Engineering Department prior to the commencement of work. Response No. 27: Developer agrees that all proposed utilities (from the right-of-way to the proposed building) be placed underground. Developer further agrees to install conduit within the abutting right-of-way, as requested. Comment No. 28: Condition to be included in Staff Report: That any future freestanding sign be a monument-style sign a maximum four feet in height (unless a six-foot height is otherwise approved JOHNSON, POPE, BOKOR, RUPPEL & BURNS, LLP ATTORNEYS AND COUNSELLORS AT LAW} t ry(j? Wayne M. Wells, AICP March 10, 2005 Page 15 through the Comprehensive Sign Program) and designed to match the exterior materials and color of the building. Response No. 28: Signage will be submitted as part of the building permit and adhere to all City design standards or applicant will seek approval of a Comprehensive Sign Program. Comment No. 29: Condition to be included in Staff Report: That a condominium plat be recorded prior to the issuance of the first Certificate of Occupancy. Response No. 29: Agreed. Comment No. 30: Condition to be included in Staff Report: That all applicable requirements of Chapter 39 of the Building Code be met related to seawall setbacks. Response No. 30: Agreed. Comment No. 31: Condition to be included in Staff Report: That all Fire Department requirements be met prior to the issuance of any permits. Response No. 31: Agreed. Comment No. 32: Condition to be included in Staff Report: That all Parks and Recreation fees be paid prior to the issuance of any permits. Response No. 32: Please modify condition to read: ".. all Parks and Recreation fees, if any, to be paid as required by Ordinance." Comment No. 33: Since the Termination of Status of Nonconformity is being based on 2.383 acres, ensure that the overall density is in conformance with only that zoned Tourist District. Response No. 33: Acreage is correct. JOHNSON, POPE, BOKOR, RUPPEL & BURNS, LLP ATTORNEYS AND COUNSELLORS AT LAW Wayne M. Wells, AICP March 10, 2005 Page 16 - Comment No. 34: Condition to be included in the Staff Report: That the applicant have two years after the issuance of a building permit in which to obtain a final Certificate of Occupancy. Response No. 34: Acknowledged. As indicated in Exhibit "B" to Flexible Development Application for Comprehensive Infill Redevelopment Project, the applicant also requests that the Development Order remain in effect for two years from the date of approval. Comment No. 35: Based on the Density Table submitted attached to a letter from Ed Armstrong on February 11, 2005, it is indicated that a total of 151 units are available for this site, versus only 149 to be developed. Since some of these units are being transferred to this site through TDR, the total number of available units and the number of units to be development should be the same. Reduce from three units to one unit being transferred from the Sandpearl project. Response No. 35: We have disregarded this comment based on information received from the Planning Director and staff. Following the transfers of density, 151 units will be available to the site, 149 of which will be constructed. As indicated in the letter from Ed Armstrong to Cyndi Tarapani, dated February 11, 2005, the applicant will accept a condition of approval prohibiting the future development or transfer of the two unused units described in the Density Table. Comment No. 36: Unclear why this property is being platted (submission of a Preliminary Plat). This will be a condominium, where a recorded condominium plat will be required to be submitted prior to the issuance of the first Certificate of Occupancy. Rather than platting the property, submit a recorded Unity of Title tying all lands together as one parcel for development purposes. Advise. Response No. 36: Developer wishes to record a one-lot plat, prior to recording the Condominium Plat. 0 s JOHNSON, POPE, BOKOR, RUPPEL & BURNS, LLP ATTORNEYS AND COUNSELLORS AT LAW Wayne M. Wells, AICP March 10, 2005 Page 17 ^,RIGINAL MAR :i ( "015 Comment No. 37: Sheet 2/13 (architectural) indicates a total of 278 parking spaces. This is the number I count. Revise Sheet 1/12 (civil) from 285 to 278 spaces provided. Response No. 37: The correct number of parking spaces is 277. The various documents have been revised to reflect this number. Comment No. 38: Revise Sheet 2/13 (architectural) for the required basis for parking from 1.8 parking spaces per unit to 1.5 spaces per unit and the required number of parking spaces from 270 to 224 spaces (to be consistent with that stated on Sheet 1/12 [civil]). Response No. 38: The required parking rate is 1.5 spaces per unit. Based on 149 proposed units, the number of required parking spaces is 224. All documents have been revised to match the above stated numbers. Comment No. 39: Revise Sheets 4/12, 7/12 and 9/12 (civil) to eliminate walls blocking access to the eastern parking garage entry. Response No. 39: Agreed. Sheets 4, 7 and 9 have been corrected to properly show access to parking garage. Comment No. 40: Level 2 parking - eliminate the one (bare) parking space on the east end adjacent to the generator room, as it must back out blind into the main drive aisle. Response No. 40: Agreed. This parking space has been deleted. Comment No. 41: Sheet 3/13 - What are rooms "E" at both towers (electrical)? Response No. 41: "E" rooms are equipment/electrical rooms. Comment No. 42: Based on revised information regarding unit tabulation on Sheet 4/13, revise Sheet 1/12 (civil) for unit tabulating. Separate per building, since there is an unequal amount. Response No. 42: The unit tabulation on Sheet 1/12 (civil) and Sheet 4/13 (Arch.) have been revised to match the proposed number of units. Comment No. 43: Revise Unit Tabulation on Sheet 4/13 to indicate in Tower 1 Levels 10-15 (not 9-15). Response No. 43: Agreed. Sheet 4/13 has been revised. Comment No. 44: Unit Tabulation on Sheet 4113 and as indicated on floor plans for Levels 2-15 don't add up to 149 (add up to 150). Revise the Unit Tabulation on Sheet 4/13 appropriately to accurately indicate the number of unit types per floor per tower. Also revise the floor plans for Levels 2-15 appropriately to concur with the unit tabulation so that the total number of units = 149. Response No. 44: See revised architectural submittal. Comment No. 45: Indicate on architectural sheets Tower 1 and Tower 2. Response No. 45: See revised architectural submittal. Comment No. 46: Indicate location of mechanical equipment. If on roof, indicate such. Response No. 46: Yes, mechanical equipment will be on the roof. See revised architectural submittal. Comment No. 47: Based on the roof plan (sheet 7/13) and the building elevations (Sheets 10-13/13), what are the octagonal rooms on either end of the building on the roofs to be used for? Response No. 47: The octagonal rooms are architectural elements. JOHNSON, POPE, BOKOR, RUPPEL & BURNS, LLP ATTORNEYS AND COUNSELLORS AT LAW Wayne M. Wells, AICP March 10, 2005. Page 19 Comment No. 48: Unclear why the elevator/stair towers must be 21 feet height (to the top of the pitched roof) rather than meeting the Code provided maximum of 16 feet? Provide full justification. Response No. 48: The elevator retracting area is 8 ft. There is an additional 8 ft. of equipment above that for a min. 16 ft to roof. The additional 5 ft. will allow construction of a pitched roof for the elevator room. Comment No. 49: Not able to coordinate floor plan window locations with elevation depictions for elevator/stair towers (for northern elevation), specifically small windows in stairs that shows up on Floor 15 and the roof, but not down the rest of the building. Response No. 49: Plan has been revised to remove small windows in stairs. Comment No. 50: Per Beach by Design, "when a parking garage abuts a public road or other public place, it will be designed such that the function of the building is not readily apparent except at points of ingress and egress." Parking garage as seen from the north elevation is a massive, stark, blank and bland wall. Any way to dress this up to meet Beach by Design but avoid the blandness and starkness of a blank wall? Response No. 50: We have heavily buffered the garage from the north property line. We are limited in the space provided against the building. We will review the landscape design to include taller heavier plant material exploring the idea of possibly growing plants up the side of the garage to comply with the Beach by Design standards. Comment No. 51: Revise Sheet 1/12 for the Density Table to reflect current request attached to the February 11, 2005, letter from Ed Armstrong, including Termination, to detail out the density calculation (see other comment regarding number of units being transferred from Sandpearl project). Also revise "overview of proposed redevelopment" in booklet. Also revise the "density/transfer of density" in the booklet. Response No. 51: The booklet has been revised, as requested. JOHNSON, POPE, BOKOR, RUPPEL & BURNS, LLP ATTORNEYS AND COUNSELLORS AT LAW Wayne M. Wells, AICP March 10, 2005 { ;??? Page 20 Comment No. 52: Revise the Transfer of Development Rights application as it relates to 41 Devon Drive, as Staff can only verify 20 existing overnight accommodation units (not 23 units). Also - as it is stated that 41 Devon Drive is 0.35 acre, this translates to 11 dwelling units allocated to this site (at 30 du/acre)(?). Response No. 52: The TDR application for 41 Devon Drive (Sender Site) was revised to reflect (i) 10 units allocated to the site which are being transferred and (ii) the name of the current property owner. The number of existing motel units on the site is irrelevant to the calculations. Comment No. 53: Provide an accounting of all units per the Gray Settlement, as they have been allocated/parceled out to each development, so that I can see how the numbers are adding up and where there is a balance. Note: per the approval for the Sandpearl project, any unused density pool units are to be returned to the City. Response No. 53: A recap of the units per the Gray Settlement is included in the TDR application for the Sandpearl "Sender Site". Other: No comments Very tr ly-yours, E. D. Armstrong I I I encls. cc w/encls: Mr. Ken Eckelkamp Octavio Cabrera, P.E. #340612 v1 .Mar-09-05 04:13P , P.04 Solutions to Decrease Light-Pollution Affecting Sea'i'urtles Page I of2 0 " I G I N A L I and rr11r11tlf conservation commission flot)rld 111:h11ty Cdprtdl of the IVotld Solutions to Decrease Light-Pollution Affecting Sea Turtles MAR J 0 2005 There are ways that beach front property owners can modify their lights to prevent them from being seen from the beach. The following is a list of suggestions (these solutions may need to be used in conjunction with one another in order to prevent sea turtle disorientation). . Turn off unnecessary lights. Don't use decorative lighting (such as runner lights or uplighting of vegetation) in areas that are visible from the beach and permanently remove, disable, or turn off fixtures that cannot be modified in any other way. • For lights that can be repositioned, face them away from the beach so that the light source is no longer visible. . Shield the light source. Materials such as aluminum flashing can be used as a shield to direct light and keep it off the beach. When shielding lights, it is important to make sure they are shielded from all areas on the beach (including from either side and on top), and not just from the beach directly in front of the light. Black oven paint may be used as a temporary solution. Light sockets with an exposed light source (such as plain bulbs) should be replaced with fixtures that are specially made to recess and/or the light source should be shielded. • Replace fixtures that scatter light in all directions (such as globe lights or carriage lights) with directional fixtures that point down and away from the beach. . Replace lights on poles with low profile, low-level lamps so that the light source and reflected light are not visible from the beach. • Replace incandescent, fluorescent, and high intensity lighting with the lowest wattage low-pressure sodium vapor lighting or replace white incandescent bulbs with "bug" lights of 50 watts or less. • Plant or improve vegetation buffers (such as sea grapes and other native beach vegetation) between the light source and the beach to screen light from the beach. http://myfwc.com/psni/turtles/Iigliting/pollute.lit-n 3/8/05 iMar-09-05 04:13P 0 P.05 Solutions to Decrease light- o lution Affecting Sea Turtles Page 2 of 2 Use shielded motion detector lights for lighting, and set them on the shortest time setting. a To reduce spillover from indoor lighting move light fixtures away from windows, apply window tint to your windows that meets the 45% inside to outside transmittance standards for tinted glass (you'll save on air conditioning costs too!), or use window treatments (blinds, curtains) to shield interior lights from the beach. http://floridaconservation.org Copyright (D 2001-2092 State Of Florlda Privacy Statement ORIGINAL http://myfwc.com/psm/turtles/lighting/polltite.btni 3/8/05 E E Phil Graham & Company, P.A. Landscape Architecture - Urban Design - Planning 436 Second Street North St. Petersburg, Florida 33701 Phone: 727-821-5225 Fax: 727-826-1626 Landscape Review Comment Responses Project: JMC Sunspree Site To: Wayne Wells City of Clearwater Date: 3/10/05 MAR 10 2005 From: Hunter Booth, R.L.A. Project Manager Re: Response to City of Clearwater planning comments dated 2-27-05 Environmental Comment #I Please submit sea turtle friendly lighting design and installation details prior to building permit. Community development Code Section 3-1302-D and City Ord. No. 6928-02 Response Attached is a guide from the Florida Fish and Wildlife Conservation Commission as pertains to sea turtle lighting. We will use this and all city of Clearwater Codes and Ordinances as a guide when submitting a lighting design for City review prior to the building permit. Landscaping Comment #I The plan indicates 200 annuals in the table on Sheet L-2 where there appear to be three areas of 200, or 600 total plants revise to correct number. Response Noted and Changed. In addition, our specifications indicate if there is a discrepancy between the plant count on the plans and the plant material schedule the plans shall rule. Comment #2 The plans indicate 5 "AC" to the north of the pool on sheet 1-2 where there are (2) two groups of 5 depicted, or ten total plants Revise drawing table to reflect. Response Noted and Changed. In addition, our specifications indicate if there is a discrepancy between the plant count on the plans and the plant material schedule the plans shall rule. Planning Comment #I I Provide a detail of the proposed aluminum fencing with C.M.U. columns to match the architecture(stated on sheet L-1) Indicate height. Response See sheet L-1 for the column and fence detail. MAR 10 2005 Comment #20 Provide an irrigation plan. Response Prior to initial submittal a verbal check into this matter with Arden Dittmer with the City concluded that the nature of the preliminary submittal was such that a full irrigation design plan would not reflect the final actual landscape design. We have included irrigation notes stating the property to be 100% head to head irrigated along with adhering to all applicable City Codes in design of the irrigation system. Comment #28 Conditions of signage Response Signage will be submitted as part of the building permit and adhere to all City design standards. Any deviation will require a variance. Comment #50 Per Beach By Design.. Buffering of the parking garage Response We have heavily buffered the garage from the north property line. We are limited in the space provided against the building. We will review the landscape design to include taller heavier plant material exploring the idea of possible growing plants up the side of the garage to comply with the Beach by Design standards. Solutions to Decrease Light-PnILution Affecting Sea Turtles Page 1 of 2 Florida Fish and Wildlife Conservation Commission • ?; - Flog i,_ft, - Fishing Capital of tt%e orld Fishing Hunting Licenses Permits Contact Site Map Site Search Solutions to Decrease Light-Pollution Affecting Sea Turtles 0 2005 There are ways that beach front property owners can modify their lights to prevent them from being seen from the beach. The following is a list of suggestions (these solutions may need to be used in conjunction with one another in order to prevent sea turtle disorientation). . Turn off unnecessary lights. Don't use decorative lighting (such as runner lights or uplighting of vegetation) in areas that are visible from the beach and permanently remove, disable, or turn off fixtures that cannot be modified in any other way. . For lights that can be repositioned, face them away from the beach so that the light source is no longer visible. . Shield the light source. Materials such as aluminum flashing can be used as a shield to direct light and keep it off the beach. When shielding lights, it is important to make sure they are shielded from all areas on the beach (including from either side and on top), and not just from the beach directly in front of the light. Black oven paint may be used as a temporary solution. . Light sockets with an exposed light source (such as plain bulbs) should be replaced with fixtures that are specially made to recess and/or the light source should be shielded. . Replace fixtures that scatter light in all directions (such as globe lights or carriage lights) with directional fixtures that point down and away from the beach. . Replace lights on poles with low profile, low-level lamps so that the light source and reflected light are not visible from the beach. . Replace incandescent, fluorescent, and high intensity lighting with the lowest wattage low-pressure sodium vapor lighting or replace white incandescent bulbs with "bug" lights of 50 watts or less. . Plant or improve vegetation buffers (such as sea grapes and other native beach vegetation) between the light source and the beach to screen light from the beach. http://myfwc.com/psm/turtles/lighting/pollute.htm 3/8/05 Solutions to Decrease Light-Pq?tion Affecting Sea Turtles Page 2 of 2 .,. . Use shielded motion detector lights for lighting, and set them on the shortest time setting. . To reduce spillover from indoor lighting move light fixtures away from windows, apply window tint to your windows that meets the 45% inside to outside transmittance standards for tinted glass (you'll save on air conditioning costs too!), or use window treatments (blinds, curtains) to shield interior lights from the beach. http://f to ridaconservation. org Copyright © 2001-2002 State Of Florida Privacy Statement 04)1 '?qC http://myfwc.com/psm/turtles/lighting/pollute.htm 3/8/05 i ,.Message Page 1 of 2 Wells, Wayne From: Wells, Wayne Sent: Monday, February 28, 2005 11:49 AM To: 'Jayne E. Sears' Subject: RE: FLD 2005-01015 - 41 Devon Drive You can do that at time of resubmittal going toward the CDB. -----Original Message----- From: Jayne E. Sears [mailto:JayneS@jpfirm.com] Sent: Monday, February 28, 2005 11:25 AM To: Wells, Wayne Cc: Ed Armstrong Subject: RE: FLD 2005-01015 - 41 Devon Drive Yes, you are right. I shouldn't have shown the above case number. It's actually the TDR app./41 Devon Drive that 1 need to revise to show the new owner and I will be sure to do that. Thanks. -----Original Message----- From: Wayne.Wells@myClearwater.com [mailto:Wayne.Wells@myClearwater.com] Sent: Monday, February 28, 2005 11:04 AM To: Jayne E. Sears Subject: RE: FLD 2005-01015 - 41 Devon Drive Jayne - Per the February 11, 2005, letter for 715 S. Gulfview Blvd. from Ed Armstrong, the request for 41 Devon Drive has been withdrawn, as the purpose of the FLD request cannot occur per Code provisions. So.... we are going to refund the application fee. Also, the "owners" will do the TDR from 41 Devon Drive to 715 S. Gulfview Blvd. (already requested), tear down the building and transfer title to the City. So...you can disregard any comments for the 41 Devon Drive request. Sound okay?? Wayne -----Original Message----- From: Jayne E. Sears [mailto:JayneS@jpfirm.com] Sent: Monday, February 28, 2005 10:41 AM To: Wells, Wayne Cc: Ed Armstrong Subject: FLD 2005-01015 - 41 Devon Drive Wayne, thanks for getting me the comments on the various cases. Regarding the referenced case, the ownership has changed since we submitted the application. Our client closed on the property last week. I was planning to submit a revised application form, with new owner's signature, and affdavit of owner re no prior transfer of development rights with our resubmittal. Is that acceptable to you? Jayne E. Sears Legal Assistant Johnson, Pope, Bokor, Ruppel & Burns, LLP 911 Chestnut Street Clearwater, FL 33756 Phone: (727) 461-1818 3/20/2005 . Message I I* Page 2 of 2 Fax: (727) 462-0365 3/20/2005 FAX COVER MEMO CITY OF CLEARWATER PLANNING DEPARTMENT 100 S. MYRTLE AVE. CLEARWATER, FL 33756 (727) 562-4567 FAX: (727) 562-4865 TO. . FAX: 4- b 2- - D 3 ?o S Phone: 4-- to N - i lb 1 % FROM: ?, _ 05 Phone: 5 b Z- A ti 4- DATE:_ Z' 2 ? v S RE: MESSAGE: NUMBER OF PAGES(INCLUDING THIS PAGE) ?..al aLl si ?e z L 1 LS-1?s. 4 M Feb. 27 2005 07:51PM YOUR LOGO CityOfClearwater-Plan Dept YOUR FAX NO. 727 562 4865 NO. OTHER FACSIMILE START TIME USAGE TIME MODE PAGES RESULT 01 94620365 Feb.27 07:47PM 03'34 SND 09 OK TO TURN OFF REPORT, PRESS 'MENU' #t04. THEN SELECT OFF BY USING '+' OR '-'. FOR FAX POWNTAGE ASSISTANCE, PLEASE CALL 1-800-HELP-FAX (435-7329). FAX COVER MEMO CITY OF CLEARWATER PLANNING DEPARTMENT 100 S. MYRTLE AVE. CLEARWATER, FL 33756 (727) 562-4567 FAX: (727) 562-4865 AT TO: G? FAX: 4- No 7, - 0 3 to S Phone: 4-\p \ ) -t FROM: e.,N_ Phone: SV I , 4 TO 4 DATE:_ Z, 25 Aj .S RE: F?L D2o0S- 01 0( L_ ?-1.o aS- ()J 0/ 7 e L-T Lo o S" Q D O D Z. MESSAGE: 7),y S. q NUMBER OF PAGES(INCLUDING THIS PAGE) VrJ Feb. 25 2005 06:26PM YOUR LOGO CityOfClearwater-Plan Dept YOUR FAX NO. 727 562 4865 NO. OTHER FACSIMILE START TIME USAGE TIME MODE PAGES RESULT 01 94620365 Feb.25 06:22PM 03'32 SND 10 OK TO TURN OFF REPORT, PRESS 'MENU' #04. THEN SELECT OFF BY USING '+' OR '-'. FOR FAX ADVANTAGE ASSISTANCE, PLEASE CALL 1-800-HELP-FAX (435-7329). E. D. ARMSTRONG III BRUCE H. BOKOR JOHN R. BONNER, SR.' GUY M. BURNS JONATHAN S. COLEMAN STACY COSTNER MICHAEL T. CRONIN ELIZABETH J. DANIELS BECKY FERRELL-ANTON 0 0 JOHNSON, POPE, BOKOR, RUPPEL & BURNS, LLP ATTORNEYS AND COUNSELLORS AT LAW COLLEEN M.FLYNN RINAT HADAS MARION HALE SCOTT C. ILGENFRITZ FRANK R. JAKES TIMOTHY A. JOHNSON, JR. SHARON E. KRICK ROGER A. LARSON LEANNE LETIZE MICHAEL G. LITTLE MICHAEL C. MARKHAM ZACHARY D. MESSA A.R. "CHARLIE" NEAL TROY J. PERDUE F. WALLACE POPE, IR ROBERT V. POTTER, JR. AUDREY B. RAUCHWAY DARRYL R. RICHARDS PETER A. RIVELLINI DENNIS G. RUPPEL• CHARLES A. SAMARKOS PHILIP M. SHASTEEN JOAN M. VECCHIOLI STEVEN H. WEINBERGER JOSEPH J. WEISSMAN STEVEN A. WILLIAMSON "OF COUNSEL PLEASE REPLY TO CLEARWATER FILE No. 45059.108146 February 11, 2005 Via Hand Delivery Cynthia H. Tarapani, AICP Planning Director City of Clearwater 100 South Myrtle Avenue, 2nd Floor Clearwater, FL 33756 Re: 715 South Gulfview Boulevard - FLD2005-01016ITDR2005-01017 41 Devon Drive - FLD2005-01015 Dear Cyndi: Pursuant to our discussions pertaining to the restructuring of the calculation of density for the Sunspree located at 715 South Gulfview, enclosed is a revised Density Table for the project. We will provide you with 15 sets of a revised Sheet 1 of the Site Plan setting forth the revised Density Table. The applicant is prepared to accept a condition of approval prohibiting the future development or transfer of the two unused units described in the Density Table. It is our understanding that you have agreed from the staff recommendation standpoint that the proposed transfer of 13 units to the site is of a sufficient relationship to the overall project to support the applicant's request for an increase in height to 150 feet. On behalf of the applicants, I hereby supplement, amend or withdraw the referenced applications as follows: 1. The Flexible Development Application for a Comprehensive Infill Redevelopment Project at 715 South Gulfview (FLD2005-01016) is hereby amended to add a request for (i) termination of non-conforming status as to density for the existing 105-room hotel tower, located on 2.383 acres of the property and (ii) a two- year development order which additionally provides that the applicant may have two CLEARWATER OFFICE TAMPA OFFICE 911 CHESTNUT ST. 403 EAST MADISON STREET POST OFFICE BOX 1368 (ZIP 33737-1368) SUITE 400 CLEARWATER, FLORIDA 33756-5643 POST OFFICE BOX 1100 (ZIP 33601-1100) TELEPHONE: (727) 461-1818 TAMPA, FLORIDA 33602 TELECOPIER: (727) 441.8617 TELEPHONE: (813) 225-25W TELECOPIP.R (813) 223-7118 19 ?% 0 0 JOHNSON, POPE, BOKOR, RUPPEL & BURNS, LLP ATTORNEYS AND COUNSELLORS AT LAW Cynthia H. Tarapani, AICP February 11, 2005 Page 2 years after the issuance of a building permit in which to obtain a final certificate of occupancy. Enclosed are 15 sets of a revised application form, including these additional requests. 2. The Flexible Development Application for 41 Devon Drive (FLD2005- 01015), seeking a termination of non-conforming status, is hereby withdrawn. 3. The Transfer of Density Application stating 41 Devon Drive as a Sender Site (TDR2005-01017) is hereby amended to request a transfer of 10 units, rather than 14 units. It is our understanding that the Sender Site shall be conveyed to the City, assuming all approvals have been granted, upon the earlier of (i) 45 days after the applicant's receipt of notice from the City; or (ii) the date a building permit is issued for 715 South Gulfview Boulevard. Enclosed are 15 sets of a revised application form. 4. There are no changes to the Transfer of Density Application stating the Sandpearl project as a Sender Site (TDR2005-01017). If you require any additional items in order to continue to process the applications on the current schedule, please contact me immediately. Veryurs, E. D. Armstrong 111 EDAIjs encls. cc wlencls: Mr. Ken Eckelkamp Mr. David A. Mack Mr. Bill Home Mr. Gary Brumback Pamela Akin, Esquire #338387 vir DENSITY TABLE LJ # of Units Residential dwelling units, based on termination of non-conforming status, as to "tower" parcel 78' Residential dwelling units, based on 2-acre parcel zoned "T" (30 units/acre) 60 Transfer of Development Rights from 41 Devon Drive 10 Transfer of Development Rights from Sandpead Project 3 Total Units Available 151 Total Units Proposed 149 #338385 v1 - Sunspree/Density Table 1 Termination of non-conforming status as to existing density of 105-room hotel tower on 2.383-acre site (105 rooms x.75 = 78) LL 0 CITY OF CLARWATER ° Clearwater PLANNING DEPARTMENT MUNICIPAL SERVICES BUILDING 100 SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756 TELEPHONE: (727) 562-4567 FAX: (727) 562-4576 W W W.MYCLEARWATER.COM February 07, 2005 E. D. Armstrong Iii, Esquire Po Box 1368 Clearwater, F133757 RE: FLD2005-01016 -- 715 S GULFVIEW BLVD -- Letter of Completeness Dear E. D. Armstrong Iii, Esquire : The Planning Staff has entered your application into the Department's filing system and assigned the case number: FLD2005-01016. After a preliminary review of the submitted documents, staff has determined that the application is Complete. The Development Review Committee (DRC) will review the application for sufficiency on March 03, 2005, in the Planning Department conference room - Room 216 - on the second floor of the Municipal Services Building. The building is located at 100 South Myrtle Avenue in downtown Clearwater. Please call Sherry Watkins, Administrative Analyst, at 727-562-4582 no earlier than one week prior to the meeting date for the approximate time that your case will be reviewed. You or your representative (as applicable) must be present to answer any questions that the DRC may have regarding your application. Additional comments may be generated by the DRC at the time of the meeting. If you have any questions, please do not hesitate to contact me at 727-562-4504 or Wayne. Wells@myclearwater.com. Sincerely yours, r,4 l t Wayn Wells, AICP Planner III Letter of Completeness - FLD2005-01016 - 715 S GULMEW BLVD ° 0 0 CITY OF CLAKRWATER ClearWater PLANNING DEPARTMENT MUNICIPAL SERVICES BUILDING 0 100 SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756 TELEPHONE: (727) 562-4567 FAX: (727) 562-4576 W W W.MYCLEARWATER.COM February 07, 2005 E. D. Armstrong Iii, Esquire Po Box 1368 Clearwater, F133757 RE: PLT2005-00002 -- 715 S GULFVIEW BLVD -- Letter of Completeness Dear E. D. Armstrong Iii, Esquire : The Planning Staff has entered your application into the Department's filing system and assigned the case number: PLT2005-00002. After a preliminary review of the submitted documents, staff has determined that the application is Complete. The Development Review Committee (DRC) will review the application for sufficiency on March 03, 2005, in the Planning Department conference room - Room 216 - on the second floor of the Municipal Services Building. The building is located at 100 South Myrtle Avenue in downtown Clearwater. Please call Sherry Watkins, Administrative Analyst, at 727-562-4582 no earlier than one week prior to the meeting date for the approximate time that your case will be reviewed. You or your representative (as applicable) must be present to answer any questions that the DRC may have regarding your application. Additional comments may be generated by the DRC at the time of the meeting. If you have any questions, please do not hesitate to contact me at 727-562-4504 or Wayne.Wells@myclearwater.com. Sincerely yours, t*4- 1 t • W Wayne ells, AICP Planner III Letter of Completeness - PLT2005-00002 - 715 S GULFVIEW BLVD r LONG RANGE PLANNING DEVELOPMENT REVIEW CITY OF CLEARWATER PLANNING DEPARTMENT POST OFFICE BOX 4748, CLEARWATER, FLORIDA 33758-4748 MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756 TELEPHONE (727) 562-4567 FAx (727) 562-4576 February 4, 2005 Mr. E. D. Armstrong 111, Esquire Johnson, Pope, Bokor, Ruppel & Burns, LLP P. O. Box 1368 Clearwater, FL 33757-1368 RE: Case No. FLD2005-01016/TDR2005-01017, 715 S. Gulfview Boulevard Dear Mr. Armstrong: The Planning staff has reviewed your application for Flexible Development approval for property generally located at 730 S. Gulfview Boulevard for the Sunspree Condominiums. After a preliminary review of the submitted documents, staff has determined that the application is incomplete. Section 4- 202 of the Community Development Code states that if an application is deemed incomplete, Staff shall specify the deficiencies of the application. No further development review action shall be taken until the deficiencies are corrected and the application is deemed complete. In order to stay on the current schedule for review for sufficiency by the Development Review Committee (DRC) on March 3, 2005, the following information is required to be submitted by noon on Monday, February 7, 2005 (should you be unable to meet this time frame, the next submittal deadline is February 24, 2005 [noon] to be reviewed for sufficiency by the DRC on March 31, 2005, if the application is deemed complete): The following items and/or information are required in order to make your application complete: 1. Provide a Traffic Impact Study. Include if required by the Traffic Operations Manager or his/her designee or if the proposed development: • Will degrade the acceptable level of service for any roadway as adopted in the Comprehensive Plan. • Will generate 100 or more new vehicle directional trips per hour and/or 1000 or more new vehicle trips per day. • Will affect a nearby roadway segment and/or intersection with five (5) reportable accidents within the prior twelve (12) month period or that is on the City's 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 Department's Development Review Manager or their designee (727-562-4750). BRIAN J. AUNGST, MAYOR-COMMISSION FR HOYT f fAM11.TON, VICE MAYOR-COMMISSIONER W14ITNEY GRAY, COMMISSIONER FRANK HIBBARD, COMMISSIONER ® BII.1. JONSON, COMMISSIONER "EQUAL. EMPLOYMF,NT AND AFFIRMATIVE ACTION EMPLOYER" i 11 February 4, 2005 Armstrong - Page 2 n Refer to Section 4-801 C of the Community Development Code for exceptions to this requirement. 2. Provide documentation that the proposal complies with all Beach by Design Design Guidelines, but specifically 13.2 on Page 57 and 13.3 on Page 59. Provide documentation and calculations as to height of the adjacent building to the west, the distance between that building and the westernmost proposed building, the 800-foot linear distance, the open to solid calculation and floor plate calculations. Additionally, provide documentation as to the relationship to the number of units above the 100-foot building height and the number of dwelling units being transferred to this site through the Transfer of Development Rights application. Fifteen copies (one original and 14 copies) of revised application material addressing the above comments must be submitted to the Planning Department. If you have any questions, please do not hesitate to call me at 727-5624504. You can access zoning information for parcels within the City through our website: www.Myclearwater.com. Sincerely, Wayne M. Wells, AICP Planner III SlPlanning DepartmentlC D BIFLEX (FLD)IIncompletelGulfview S 0715 Sunspree Condominiums (7) - WWIGulfview S 0715 Incomplete Letter 2.4.05.doc FAX COVER MEMO CITY OF CLEARWATER PLANNING DEPARTMENT 100 S. MYRTLE AVE. CLEARWATER, FL 33756 (727) 562-4567 FAX: (727) 562-4865 TO: ? Q..t %r--s FAX: Phone: 4 1 FROM: Phone: Sb 2 DATE: ?-' - o S RE: O10 I VT D. L. ZOOT- 0 / 0 t 7 ? c s S. (;,J\4,-4 , u?j Q 1-1--p Z,= S - 01 o t S- 41 V¢.vcNN Dr. MESSAG NUMBER OF PAGES(INCLUDING THIS PAGE)_-_ Feb. 04 2005 03:36PM YOUR LOGO CityOfClearwater-Plan Dept YOUR FAX NO. 727 562 4865 NO. OTHER FACSIMILE START TIME USAGE TIME MODE PAGES RESULT 01 94620365 Feb.04 03:34PM 01'44 SND 04 OK TO TURN OFF REPORT, PRESS 'MENU' #04. THEN SELECT OFF BY USING '+' OR '-'. FOR FAX ADVANTAGE ASSISTANCE, PLEASE CALL 1-800-HELP-FAX (435-7329). WeIis Wayne 0 From: Wells, Wayne Sent: Monday, April 30, 2007 11:15 AM To: Dougall-Sides, Leslie Subject: Marquesas & Boiling Pot Leslie - Please forward any email you send to Ed Armstrong regarding the TDR and Unity of Title discussion for the Marquesas project, 715 South Gulfview Blvd., for my files. As to the Boiling Pot, 921 Lakeview Road, FLD2007-04011, this case is on the DRC this Thursday, May 3, 2007. Any comments you may have regarding the application, including the Shared Parking Agreement with the Candy Factory, would be appreciated today, so that I can include in the DRC comments being sent to the applicant at the end of the day. Thanks- Wayne El 11 Wells, Wayne From: Wells, Wayne Sent: Tuesday, July 18, 2006 11:01 AM To: Purdy, Brad Cc: Clayton, Gina Subject: RE: Land Swap for Devon Parking Lot on S. Clearwater Beach Brad - To my knowledge, this was not a land swap. The developer of the property at 715 S. Gulfview Blvd. (Holiday Inn Sunspree) proposed as part of their request to transfer all of the density off of the property at 41 Devon Drive to 715 S. Gulfview Blvd. The developer included in their proposal that they would deed 41 Devon Drive to the City and construct a surface parking lot for the City at their cost, so long as the City designed the parking lot and submitted the plans for permitting. The CDB approved the developer's proposal on April 19, 2005 (Cases FLD2005-01016/TDR2005- 01017/PLT2005-00002). BCP2005-12290 was issued January 30, 2006, to construct the improvements on 41 Devon Drive. Wayne -----Original Message----- From: Clayton, Gina Sent: Wednesday, July 12, 2006 11:32 AM To: Purdy, Brad; Wells, Wayne Subject: RE: Land Swap for Devon Parking Lot on S. Clearwater Beach I think that Wayne handled this case and could probably fill you in - Sir Wayne??? -----Original Message----- From: Purdy, Brad Sent: Wednesday, July 12, 2006 11:25 AM To: Clayton, Gina Subject: Land Swap for Devon Parking Lot on S. Clearwater Beach Gina, Can you provide me some details on the land swap we did on 41 Devon, Clearwater Beach? I think it was a density transfer for the Sunspree. Brad Purdy City of Clearwater Public Communications Phone: (727) 562-4708 Cell: (727) 224-1093 brad.purdy@myclearwater.com 0 0 ORIGINAL CDB Meeting Date: April 19, 2005 Case Numbers: FLD2005-01016/TDR2005-01017/PLT2005-00002 Agenda Item: E4 Owner/Applicant: Sunspree Green, LLC Representative: E. D. Armstrong IIEsq. Johnson, Pope, Bokor, Ruppel & Burns, LLP Address: 715 South Gulfview Boulevard CITY OF CLEARWATER PLANNING DEPARTMENT STAFF REPORT GENERAL INFORMATION: REQUESTS: (1) Termination of Status of Nonconformity for density for the existing 105-room hotel tower, located on 2.383 acres (density to be converted to 78 dwelling units); (2) Flexible Development approval to permit attached dwellings with reductions to the front (north along S. Gulfview Blvd.) setback from 15 feet to 11.88 feet (to security guard house) and from 15 feet to 6.42 feet (to pavement), a reduction to the front (east along Gulf Blvd.) setback from 15 feet to zero feet (to pavement), a reduction to the side (west) setback from 10 feet to 4.29 feet (to pavement), a reduction to the side (south) setback from 10 feet to zero feet (to boardwalk), an increase to building height from 35 feet to 150 feet (to roof deck) with an additional 11 - 21 feet for decorative mansard architectural embellishments, an increase to fence height within the front setback from six feet to seven feet and a deviation to allow a building within visibility triangles, as a Comprehensive Infill Redevelopment Project, under the provisions of Section 2-803.C; (3) Transfer of Development Rights of 10 units from 41 Devon Drive and three units from the Sandpearl project located generally at 500 Mandalay Avenue, under the provisions of Section 4-1402 (TDR2005-01017); and (4) Preliminary Plat for one lot (PLT2005-00002). EXISTING ZONING/ Tourist (T) District and Open Space/Recreation (OS/R); Residential LAND USE: Facilities High (RFH) and Recreation/Open Space (R/OS) Categories PROPERTY SIZE: 5.313 total acres (4.383 acres zoned Tourist District; 0.93 acres zoned Open Space/Recreation District) PROPERTY USE: Current Use: Overnight accommodation use (210 rooms/units) Proposed Use: Attached dwellings (149 dwelling units) Staff Report - Community Development Board - April 19, 2005 Cases FLD2005-01016/TDR2005-01017/PLT2005-00002 -Page 1 of 12 • f ADJACENT ZONING/ North: Tourist District; Retail sales LAND USES: East: Tourist District; Restaurant and attached dwellings South: Preservation District; Clearwater Pass West: Tourist District; Overnight accommodation use CHARACTER OF THE IMMEDIATE VICINITY: The surrounding area is tourist-dominated area with a mixture of attached dwellings (condominium), overnight accommodation uses and tourist-oriented commercial uses. ANALYSIS: Site Location and Existing Conditions: The 5.313 total acres (4.383 acres zoned Tourist District; 0.93 acres zoned Open Space/Recreation District) are located at the southwest corner of South Gulfview Boulevard and Gulf Boulevard. The site has approximately 600 feet of frontage on South Gulfview Boulevard (north) and 400 feet of frontage on Gulf Boulevard (east). This parcel is currently developed with a 210-room/unit overnight accommodation use (Holiday Inn Sunspree Resort). The site is adjacent to the Clearwater Pass bridge to Sand Key. Hotel rooms are currently located in low-rise, two-story buildings and a 10-story tower on the east side of the site. This area is a tourist-dominated area of mixed uses (condominiums, overnight accommoda- tion uses and commercial uses). The Sea Wake Inn is adjacent to the west, with the Continental Tower (condominiums) west of that site. Retail sales establishments are located across South Gulfview Boulevard to the north. A restaurant and condominiums are located to the east and northeast. A nine-story residential tower is located northeast of this site east of Gulf Boulevard between South Gulfview and Bayway Boulevards. Proposal: The proposal is to demolish all existing improvements related to the hotel and reconstruct the site for 149 dwelling units in two, 150-foot tali residential towers. The proposal includes a request for Termination of the Status of Nonconformity for the nonconforming density of 105 rooms/units in the hotel tower on 2.383 acres. The intent of this portion of the request is to convert these 105 rooms from a density standpoint to 78 dwelling units. Based on the maximum allowable density of 40 rooms/units per acre for the RFH land use category and the 2.383 acres zoned Tourist apportioned for this hotel tower, this portion of the site could be developed today with only 95 overnight accommodation rooms/units. Under the Termination of the Status of Nonconformity provisions, there are four required improvements: 1. Installation of perimeter buffers. Perimeter buffers are not required in the Tourist District. 2. Improvement of off-street parking lots. The applicant proposes to demolish all existing improvements, including parking areas, and reconstruct parking that meets Code requirements. Most parking spaces will be within a two-level parking garage. Only 16 parking spaces are provided outside of the garage and are intended for guests. Staff Report - Community Development Board - April 19, 2005 Cases FLD2005-01016/TDR2005-01017/PLT2005-00002 - Page 2 of 12 0 9 3. Removal of nonconforming signs outdoor lighting or other accessory structures. The applicant is proposes to demolish all existing signs, outdoor lighting and other accessory structures and construct improvements in compliance with Code provisions. 4. Use of Comprehensive Sign Program and Comprehensive Landscape Programs to satisfy requirements. The proposal complies with the landscape provisions of the Code and no Comprehensive Landscape Program is necessary. Proposed signage will need to meet Code provisions, as the Code does not provide for a Comprehensive Sign Program for residential projects. To complete the calculation for the proposed density for this project, in addition to the 78 dwelling units proposed through the Termination of Status of Nonconformity described above, with the remaining two acres of upland zoned Tourist a total of 60 dwelling units are proposed (at the maximum allowable density of 30 dwelling units per acre). The applicant is also proposing a Transfer of Development Rights of a total of 13 dwelling units from two parcels (see discussion below). This totals 151 dwelling units, although only 149 dwelling units are proposed to be constructed on this site (these two dwelling units will be lost for future development and cannot be transferred off-site, due to the provisions of Section 6-109.B). The overall density for this site is proposed at 33.995 dwelling units per acre. Regarding the Transfer of Development Rights, the site at 41 Devon Drive is presently developed with an overnight accommodation use of 20 rooms/units. Based on the land area of 0.355 acres for 41 Devon Drive and a maximum residential density of 30 dwelling units per acre, this site could be developed with a maximum of 10 dwelling units. The applicant proposes to transfer all of these 10 dwelling units to the subject site at 715 South Gulfview Boulevard. Discussions between the applicant and City Staff have included the demolition of this motel and all appurtenances, conveying the property to the City, and the applicant constructing a surface parking lot at their cost. The City will design the proposed parking lot and obtain all necessary design approvals and permits. The approval of this request should include a condition regarding this portion of the proposal. The Flexible Development proposal includes reductions to the front (north along S. Gulfview Blvd.) setback from 15 feet to 11.88 feet (to security guard house) and from 15 feet to 6.42 feet (to pavement), a reduction to the front (east along Gulf Blvd.) setback from 15 feet to zero feet (to pavement), a reduction to the side (west) setback from 10 feet to 4.29 feet (to pavement) and a reduction to the side (south) setback from 10 feet to zero feet (to boardwalk). The front setback reduction along South Gulfview Boulevard for the security guard house also places this structure within the visibility triangles for this driveway, requiring a deviation to allow this building within the visibility triangles. This western driveway is situated across from the intersection of South Gulfview Boulevard and Parkway Drive, in the same location as an existing hotel driveway. The setback reduction for this security guard house will still provide adequate visibility for motorists to view pedestrians before crossing over the sidewalk. The distance from the face of the gate arm to the back edge of the sidewalk within the South Gulfview Boulevard right-of-way at the western driveway for incoming traffic will need to be a minimum of 40 feet for traffic safety purposes. The existing setback to pavement for the hotel is at approximately one-foot, with the majority of the existing hedging and trees located within the City's right-of-way. While the Code does not Staff Report - Community Development Board - April 19, 2005 Cases FLD2005-01016/TDR2005-01017/PLT2005-00002 - Page 3 of 12 require any perimeter buffer along this major roadway, the proposed 6.42 feet will provide adequate planting area for the landscaping shown on the submitted plans. The setback to pavement for the Surf Style establishment across South Gulfview Boulevard was approved at four feet, which was noted in the Staff Report that the setback was consistent with that provided for the on the adjacent Bay Bazaar Shopping Center (which is also across South Gulfview Boulevard from this project). There is a second, exit-only driveway closer to the intersection that will also be gated. The design of these driveways will minimize traffic congestion. The front setback reduction to zero feet along Gulf Boulevard to the east is for the emergency vehicle turnaround required by the Fire Department. It is noted that there is an existing License for vehicle parking on City property within this area, which is also at a zero setback to pavement. The parking area will be removed for this emergency vehicle turnaround. The proposed 4.29-foot setback to pavement from the west property line represents an increase over the existing three-foot setback to pavement for the same area. This reduced setback is only for a portion of the pavement, whereas other portions exceed the required setback at 13.52 feet. The parking garage portion of the building is located 33.58 feet from the west property line, with the western residential tower approximately 38 feet from the west property line. The proposal includes a reduction to the side (south) setback from 10 feet to zero feet for the eight-foot wide boardwalk along the seawall. The building is proposed a minimum of 20 feet from the seawall, which complies with Building Code setbacks (18 feet) from the seawall. The existing 10-story hotel tower is located three feet from the seawall, with other existing structures extending south of the seawall. All of these existing improvements, including those south of the seawall, will be removed with this redevelopment proposal. With the entire setback reductions requested, most represent improvements over existing setbacks and this flexibility is justified by the improvement to the character of the immediate vicinity. The proposal includes an increase to building height from 35 feet to 150 feet (to roof deck) with an additional 11 - 21 feet for decorative mansard architectural embellishments. The requested height is consistent with the guidelines set forth in Beach by Design. Section 4-1403.C of the Code provides for the authorization of increased building height up to 1.5 times the maximum height otherwise permitted (or a maximum of 150 feet) when utilizing the Transfer of Development Rights. While there are 13 dwelling units being transferred from 41 Devon Drive and the Sandpearl project (generally 500 Mandalay Avenue), the Planning Department has determined a reasonable relationship between the number of units being transferred and the proposed building height. This site is located within the Clearwater Pass District of Beach by Design, which is indicated as a distinctive area of mixed use, including high-rise condominiums. The two proposed residential towers are not located within 500 feet of any other buildings exceeding 100 feet in height. The additional height for the decorative mansard architectural embellishments will hide various rooftop mechanical equipment and will provide proportion to the buildings with the "tiered" appearance with separated rooftops. Portions of the increased height will provide proper clearance for elevator equipment. The design of this project creates a form and function that will be consistent with and enhance the character of this area. A fence is proposed within the front setback along South Gulfview and Gulf Boulevards. The applicant requests an increase to fence height within the front setback from six feet to seven feet. Staff Report - Community Development Board - April 19, 2005 Cases FLD2005-01016/TDR2005-01017/PLT2005-00002 - Page 4 of 12 0 0 The drawings indicate an aluminum picket-style fence partially at a six-foot height with concrete columns seven feet high. Section 3-804.A.2 permits such fences and wails within the required front setback at a height of six feet. The applicant has not provided any justification for the fence height increase and Staff cannot support this request. A similar style fence can be designed to meet the maximum six feet height and accomplish the design parameters desired for this site. Beach by Design calls for the construction of 10-foot wide sidewalks along major roads for pedestrian safety and convenience, enhanced with palm trees spaced a maximum 35 feet apart. The site plans do not indicate compliance with this requirement. However, with the construction of Beach Walk improvements, and to ensure consistency of sidewalk design (along with any landscape or street lighting improvements), the applicant will need to work with the City toward meeting the City design specifications. Approval of this request should be conditioned on compliance with these specifications and to allow for an alternate construction schedule or the provision of payment in lieu of construction of the sidewalk within the right-of-way. The site plan indicates a proposed sign adjacent to the east side of the western driveway. It is noted that the Code does not provide the ability to request Comprehensive Sign Programs for residential properties. Future signage will need to meet the requirements of the Code and any future freestanding sign must be a monument-style sign a maximum four feet in height, designed to match the exterior materials and color of the building. To ensure that the cabanas on the ground floor are used for storage only, in compliance with all Federal Emergency Management Administration (FEMA) rules and guidelines, any approval will need to include a condition for such. Evidence of this restriction of use, embodied in condominium documents, homeowner's documents, deed restrictions or like forms, shall be submitted to the Building Official prior to the issuance of the first Certificate of Occupancy. The applicant has requested that the approval of the development order include a provision that application for building permits be made within two years of the date of approval of this request, rather than the normal one-year provision of Section 4-407. Additionally, the applicant is requesting a two-year construction period between issuance of a building permit and a Certificate of Occupancy, rather than the normal one-year provision in the same Code section. The purpose of their requests is due to other projects currently under construction or soon to be under construction, such as the Belle Harbor and Sandpearl projects. These timeframes are reasonable. The property today is two lots. The proposal includes a Preliminary Plat to combine this overall property into one lot, prior to the recording of a Condominium Plat. The request complies with the Code requirements for a Preliminary Plat. All applicable Code requirements and criteria including, but not limited to, General Applicability criteria (Section 3-913), Comprehensive Infill Redevelopment Project criteria (Section 2-803.C) and Transfer of Development Rights (Section 4-1402) have been met. Code Enforcement Analysis: There are no outstanding enforcement cases for this property. Staff Report - Community Development Board - April 19, 2005 Cases FLD2005-01016/TDR2005-01017/PLT2005-00002 - Page 5 of 12 0 0 COMPLIANCE WITH STANDARDS AND CRITERIA: Sections 2-801.1 and 2-803.C): STANDARD PROPOSED CONSISTENT INCONSISTENT MAXIMUM 149 dwelling units (a) X** DENSITY (30 dwelling units per acre) (131 dwelling units max.)* IMPERVIOUS 0.69 X SURFACE RATIO ISR 0.95 maximum LOT AREA (5,000 - 2.44 total acres (1.859 acres zoned x 10,000 sq. ft. Tourist District: 0.585 acres zoned minimum O en S ace/Recreation District LOT WIDTH (50 - North: 600± linear feet along South x 100 feet minimum) Gulfview Boulevard East: 400± linear feet along Gulf Boulevard FRONT SETBACK North: 11.88 feet (to security guard X** (0-15 feet) house) and 6.42 feet (to pavement) East: Zero feet (to pave ent) REAR SETBACK N/A X 10-20 feet SIDE SETBACK West: 4.29 feet (to pavement) X** 0-10 feet South: Zero feet (to boardwalk) HEIGHT (35-100 feet) 150 feet (to roof deck) with an X** additional 11 - 21 feet for decorative mansard architectural embellishments PARKING SPACES 277 spaces x (1.5 spaces per unit) 224 spaces req.) * Based on 4.383 acres zoned Tourist. ** See discussion under Analysis. (a) Includes a Termination of Status of Nonconformity for the tower portion of the property of 105 rooms/units on 2.383 acres (proposed to be converted to 78 dwelling units on a 40/30 ratio). Staff Report - Community Development Board - April 19, 2005 Cases FLD2005-01016/TDR2005-01017/PLT2005-00002 - Page 6 of 12 11 n COMPLIANCE WITH COMPREHENSIVE INFILL REDEVELOPMENT PROJECT FLF,XIRILITY CRITERIA (Section 2-803.0: Consistent Inconsistent 1. The development or redevelopment of the parcel proposed for X development is otherwise impractical without deviations from the use, intensity and development standards. 2. The development of the parcel proposed for development as a X Comprehensive Infill Redevelopment Project will not reduce the fair market value of abutting properties. 3. The uses within the Comprehensive Infili Redevelopment Project are X otherwise permitted in the City of Clearwater. 4. The use or mix of uses within the Comprehensive Infill X Redevelopment Project are compatible with adjacent land uses. 5. The development of the parcel proposed for development as a X Comprehensive Infill Redevelopment Project will upgrade the immediate vicinity of the parcel proposed for development. 6. The design of the proposed Comprehensive Infill Redevelopment X Project creates a form and function that enhances the community character of the immediate vicinity of the parcel proposed for development and the City of Clearwater as a whole. 7. Flexibility in regard to lot width, required setbacks, height and off- X street parking are justified by the benefits to community character and the immediate vicinity of the parcel proposed for development and the City of Clearwater as a whole. 8. Adequate off-street parking in the immediate vicinity according to the X shared parking formula in Division 14 of Article 3 will be available to avoid on-street parking in the immediate vicinity of the parcel proposed for development. 9. The design of all buildings complies with the Tourist District design X guidelines in Division 5 of Article 3. * See discussion under Analysis. Staff Report - Community Development Board - April 19, 2005 Cases FLD2005-01016/TDR2005-01017/PLT2005-00002 - Page 7 of 12 0 0 MMPIJANC R WITH C.FNF.RAl. STANDARDS (Section 3-913): Consistent Inconsistent 1. Development of the land will be in harmony with the scale, bulk, X coverage, density and character of adjacent properties. 2. Development will not hinder or discourage development and use of X adjacent land and buildings or significantly impair the value thereof. 3. Development will not adversely affect the health or safety of persons X residing or working in the neighborhood. 4. Development is designed to minimize traffic congestion. X 5. Development is consistent with the community character of the X immediate vicinity. 6. Design of the proposed development minimizes adverse effects, X including visual, acoustic and olfactory and hours of operation impacts on adjacent properties. * See discussion under Analysis. COMPLIANCE WITH TRANSFER OF DEVELOPMENT RIGHTS STANDARDS Ni-etinn di-I &VAl- Consistent Inconsistent 1. The development of the parcel proposed for development will not X reduce the fair market value of abutting property. 2. The uses within the project are otherwise permitted in the City of X Clearwater. 3. The uses or mix of uses within the project are compatible with X adjacent land uses. 4. The development of the parcel proposed for development will X upgrade the immediate vicinity of the parcel proposed for development. 5. The design of the proposed project creates a form and function which X enhances the community character of the immediate vicinity of the parcel proposed for development and the City of Clearwater as a whole. * See discussion under Analysis. FINDINGS OF FACT AND CONCLUSIONS OF LAW: FINDINGS 1. The subject 5.313 total acres (4.383 acres zoned Tourist District; 0.93 acres zoned Open Space/Recreation District) are located within the Clearwater Pass District of Beach by Design; 2. The current use of the site is for a 210-room hotel (which is nonconforming to current density maximums of 175 rooms); Staff Report - Community Development Board - April 19, 2005 Cases FLD2005-01016/TDR2005-01017/PLT2005-00002 - Page 8 of 12 0 0 3. The site is located in a tourist-dominated area of mixed uses (condominiums, overnight accommodation uses and commercial uses); 4. The applicant proposes to redevelop the entire site for 149 attached dwellings in two residential towers 150 feet tall each; 5. The applicant is deriving the proposed density through the Termination of Status of Nonconformity for the 105-room hotel tower on 2.383 acres, converted to 78 dwelling units, together with 60 dwelling units on the remaining two acres of upland (based on 30 dwelling units per acre) and the Transfer of Development Rights of 13 dwelling units (10 units from 41 Devon Drive and three units from the Sandpearl project); 6. While reductions to setbacks to building and pavement are requested, these reductions are less than the setbacks to building and pavement for the existing development; 7. The proposed building height of 150 feet for both of the residential towers bears a reasonable relationship between the number of units being transferred through the Transfer of Development Rights and the proposed height; 8. The proposed fence height requested is not justified and the maximum six-foot height by Code should be complied with; 9. The requested timeframes of two years from the date the CDB approves this request to apply for building permits and two years after issuance of the building permits to obtain a Certificate of Occupancy is a reasonable request, given the other projects under construction or soon to be under construction by the same developer; 10. The proposal is compatible with the surrounding development, and will enhance the character of the immediate vicinity; and 11. There are no active code enforcement cases for the parcel. CONCLUSIONS OF LAW 1. Staff concludes that the Termination of Status of Nonconformity for density and building height complies with the criteria of Section 6-109; 2. Staff concludes that the proposal complies with the Flexible Development criteria as a Comprehensive Infill Redevelopment Project per Section 2-803.C: 3. Staff further concludes that the proposal is in compliance with the General Applicability criteria per Section 3-913 and the other standards of the Code; 4. Staff concludes that the proposal complies with Beach by Design; 5. Staff concludes that the proposal complies with the Transfer of Development Rights per Section 3-1403; 6. Staff concludes that the proposal complies with the Preliminary Plat provisions of the Code; 7. Staff concludes that the requested fence height is not justified and cannot be supported by Staff, and 8. Based on the above findings and proposed conditions, Staff recommends approval of this application, with the exception of the requested fence height. Staff Report - Community Development Board - April 19, 2005 Cases FLD2005-01016/TDR2005-01017/PLT2005-00002 - Page 9 of 12 SUMMARY AND RECOMMENDATION: The Development Review Committee reviewed the application and supporting materials on March 3, 2005. The Planning Department recommends APPROVAL of the (1) Termination of Status of Nonconformity for density for the existing 105-room hotel tower, located on 2.383 acres (density to be converted to 78 dwelling units); (2) Flexible Development application to permit attached dwellings with reductions to the front (north along S. Gulfview Blvd.) setback from 15 feet to 11.88 feet (to security guard house) and from 15 feet to 6.42 feet (to pavement), a reduction to the front (east along Gulf Blvd.) setback from 15 feet to zero feet (to pavement), a reduction to the side (west) setback from 10 feet to 4.29 feet (to pavement), a reduction to the side (south) setback from 10 feet to zero feet (to boardwalk), an increase to building height from 35 feet to 150 feet (to roof deck) with an additional 11 - 21 feet for decorative mansard architectural embellishments and a deviation to allow a building within visibility triangles, as a Comprehensive Infill Redevelopment Project, under the provisions of Section 2-803.C; (3) Transfer of Development Rights of 10 units from 41 Devon Drive and three units from the Sandpearl project located generally at 500 Mandalay Avenue, under the provisions of Section 4-1402 (TDR2005-01017); and (4) Preliminary Plat for one lot (PLT2005-00002) for the site at 715 South Gulfview Boulevard, with the following bases and conditions: Bases for Approval: 1. The proposal complies with the Termination of Status of Nonconformity for density per Section 6-109; 2. The proposal complies with the Flexible Development criteria as a Comprehensive Infill Redevelopment Project per Section 2-803.C; 3. The proposal is in compliance with other standards in the Code including the General Applicability Criteria per Section 3-913; 4. The proposal complies with Beach by Design; 5. The proposal complies with the Transfer of Development Rights per Section 3-1403; 6. The proposal complies with the Preliminary Plat provisions of the Code; and 7. The proposal is compatible with the surrounding development and will assist in the redevelopment of properties within the immediate vicinity. Conditions of Approval: 1. That the final design and color of the building be consistent with the conceptual elevations submitted to, or as modified by, the CDB; 2. That, while the proposal is for a total of 151 dwelling units, only a maximum of 149 dwelling units be constructed on this site. The two remaining dwelling units cannot be constructed on- site and cannot be transferred off-site in the future; 3. That application for a building permit shall be made within two years of Flexible Development approval (April 19, 2007) and all required certificates of occupancy shall be obtained within two years of the date of issuance of the building permit; 4. That the applicant convey, at no cost to the City, to the City of Clearwater the property located at 41 Devon Drive upon the earlier of (a) 45 days after the applicant's receipt of notice from the City or (b) the date a building permit is issued for the construction of the improvements for this site. The applicant shall demolish, at no cost to the City, all site improvements within 30 days notice from the City. The applicant shall construct, at no cost to the City, a parking lot on Staff Report - Community Development Board - April 19, 2005 Cases FLD2005-01016/TDR2005-01017/PLT2005-00002 - Page 10 of 12 the property, after the City obtains all necessary design approvals and permits (any meters shall be the responsibility of the City); 5. That a 10-foot wide sidewalk within the South Gulfview Boulevard right-of-way be designed and constructed for the site frontage in accordance with Beach Walk design specifications. The developer and City may agree on an alternate construction schedule or the provision of payment in lieu of construction; 6. That future signage meet the requirements of the Code and any future freestanding sign be a monument-style sign a maximum four feet in height, designed to match the exterior materials and color of the building; 7. That the maximum height of the fence along South Gulfview Boulevard and Gulf Boulevard be six feet, including columns; 8. That prior to the issuance of any building permits, the distance from the face of the gate arm to the back edge of the sidewalk within the South Gulfview Boulevard right-of-way at the western driveway be a minimum of 40 feet; 9. That a special warranty deed, specifying the number of dwelling units being conveyed or sold from 41 Devon Drive and from the Sandpeari project (generally located at 500 Mandalay Avenue) and being transferred to this site, be recorded prior to the issuance of any permits for this project. The special warranty deed shall also contain a covenant restricting in perpetuity the use of all platted lots at 41 Devon Drive and at the Sandpearl project due to the transfer of development rights. Any mortgage holder of the sending site (41 Devon Drive and the Sandpearl project) shall consent to the transfer of development rights prior to the issuance of any permits; 10. That the cabanas on the ground floor be used for storage only, in compliance with all Federal Emergency Management Administration (FEMA) rules and guidelines. Evidence of this restriction of use, embodied in condominium documents, homeowner's documents, deed restrictions or like forms, shall be submitted to the Building Official prior to the issuance of the first Certificate of Occupancy; 11. That sea-turtle friendly light fixtures be employed with the site design, with compliance demonstrated on plans acceptable to the Environmental Division, prior to the issuance of building permits; 12. That all proposed utilities (from the right-of-way to the proposed building) be placed underground. Conduits for the future undergrounding of existing utilities within the abutting right-of-way shall be installed along the entire site's street frontages prior to the issuance of a Certificate of Occupancy. The applicant's representative shall coordinate the size and number of conduits with all affected utility providers (electric, phone, cable, etc.), with the exact location, size and number of conduits to be approved by the applicant's engineer and the City's Engineering Department prior to the commencement of work; 13. That all applicable requirements of Chapter 39 of the Building Code be met related to seawall setbacks; 14. That a Final Subdivision Plat be recorded prior to the issuance of any permits and a condominium plat be recorded prior to the issuance of the first Certificate of Occupancy; 15. That all Parks and Recreation fees be paid prior to the issuance of any permits; and 16. That all Fire Department requirements be met prior to the issuance of any permits. Staff Report - Community Development Board - April 19, 2005 Cases FLD2005-01016/TDR2005-01017/PLT2005-00002 - Page 1 I of 12 r ? Prepared by: Planning Department Staff: A'?? ,I- N' 1"I A Wayn . Wells, CP, Planner III ATTACHMENTS: Aerial Photograph of Site and Vicinity Location Map Future Land Use Map Zoning Atlas Map Application S: (Planning DepartmentlC D BWLEX (FLD)IPending cases)Up for the next CDBIGulfview S0715 Sunspree Condominiums (7) - 4.19.05 CDB - WWIGulfview S 0715 Staff Report.doc Staff Report - Community Development Board - April 19, 2005 Cases FLD2005-01016/TDR2005-01017/PLT2005-00002 - Page 12 of 12 0 0 ----, 9 q C3 r 8T *RD OR ((?) +f Y;ATM OR V SAYME C?A anwr VLVD -Y 9lVD er a ? Aa ss PROJECT SITE 0 Location Map Owner ' Sunspree Green, LLC Cases: FLD2005-01016/TDR2005- 01017/PLT2005-00002 Site: 715 South Gulfview Boulevard Property Size(Acres): 5.313 PIN: 17/29/15/05076/004/0010 Atlas Page: 285A 0 0 Aerial Map I Owner Sunspree Green, LLC Cases: I FLD2005-01016/TDR2005- I 01017/PLT2005-00002 Site: 715 South Gulfview Boulevard Property Size(Acres): 5.313 PIN: Atlas Page: 17/29/15/05076/004/0010 285A • 0 t- % k ^ ^ t w y 1 f> ?_^ I 1 i !1 ? t _ ? ? j t + t / t 1 w r L r 1 r 715 1 '1 I ' t i1 551 S/ 0 m c? Zoning Map FLD2005-010161TDR2005- Owner. Sunspree Green, LLC Cases: 01017/PLT2005-00002 Site: 715 South Gulfview Boulevard Propert Propertry es): 5.313 PIN: 17/29/15/05076/004/0010 Atlas Page: 285A • Att'he? ? ' eq i?'gs ; Over ight „ ? cco)nmgda?ip ,,--? < Retail$ales ` 'Gw is @S eta' ---- G S - v? aige iFF Retail Sale deliclinged s 1 Attached dwellings might a<commodati4 Attached dwelli gs L r? 75 ; Restaurant J ??i------ asr ?O m v Existing Surrounding Uses Map Owner Sunspree Green, LLC Cases: FLD2005-01016/TDR2005- 01017/PLT2005-00002 Site: 715 South Gulfview Boulevard Property Size(Acres): 5.313 PIN: 17/29/15/05076/004/0010 Atlas Page: 285A property on south side of S. Gulfview Blvd. 715 South Gulfview Boulevard FLD2005-01016/TDR2005-01017/PLT2005-00002 Page 2 of 2 ? ?View looking southwest at Continental Tower west of Sea Wake Inn on south side of S. Gulfview Blvd View looking north at retail sales use across S. Gulfview Blvd. east of Parkway Drive View looking south at Sea Wake Inn west of subject View looking west at south (water) side of Sea Wake Inn and Continental Tower west of subject properly J View looking south at bridge to Sand Key (south Blvd. and north of S. Gulfview Blvd. Gulf Blvd. across S. Gulfview Blvd. 715 South Gulfview Boulevard FLD2005-01016/TDR2005-01017/PLT2005-00002 Page 1 of 2 View looking east at condominiums east of Gulf View looking northeast at commercial uses west of 0 . Page 1 of 1 Wells, Wayne From: Wells, Wayne Sent: Monday, April 18, 2005 5:08 PM To: 'Nick Fri' Subject: RE: 715 S Gulfview Nick - There is no CCCL on this property. Wayne -----Original Message----- From: Nick Fri [mailto:natbeach@tampabay.rr.com] Sent: Monday, April 18, 2005 4:48 PM To: Wells, Wayne Subject: 715 S Gulfview Wayne, I did not see the location of the CCL on the site plans or survey. Maybe I over looked it. PLease let me know. Again, there can be no const. sea ward of the CCL w/o a FL permit. Thanks, Nick 4/19/2005 I,.. too' 00, 1 Parks & Recs Condition 0 1 Conditions Associated WitFi FLD2005-01016 715 S GULFVIEW BLVD Open Space/Recreation impact fees are due prior to issuance of building permits or final plat (if Not Met aplicable) whichever occurs first. These fees could be substantial and it is recommended that you contact Art Kader at 727-562-4824 as early as possible to calculate the assessment. Solid Waste Service That dumpster service be arranged with the Solid Waste Department prior to the issuance of an Not Met occupational license or certificate of occupancy. Please contact Tom Glenn - 727-562-4930 All Dumpsters and recycyling carts are to be rolled to staging areas by on site maintenance personel Zoning Condition Wayne Wells 562-4504 04/12/2005 4/12/05 - WW Not Met Staff report will indicate Staff cannot support the proposed fence height increase. No justification provided. 3/17/05 - WW Maximum fence height in the T District within the front setback is six feet; proposed is seven feet. Have included the increase to fence height within advertised request. Need to provide justification for height increase. Alternately, reduce height to six feet (Staff cannot support increased height). 2/22/05 - WW Provide detail of proposed aluminum fencing with CMU columns to match architecture (stated on Sheet L-1). Indicate height. 04/12/2005 4/12/05 & 3/17/05 - WW Not Met Include as a condition on any approval. 2/22/05 - WW Sheet 2/13 of architectural plans - what are all these storage units facing the water and pool? Are these rather cabanas for the residents? If so, these units must meet Building and FEMA Codes for what can be within them - no refrigerators, etc.). 04/12/2005 4/12/05 & 3/17/05 & 2/22/05 - WW Not Met Condition to be included in Staff Report: That a special warranty deed, specifying the number of dwelling units being conveyed or sold from 41 Devon Drive and the Sandpearl project and being transferred to this site, be recorded prior to the issuance of any permits for this project. The special warranty deed shall also contain a covenant restricting in perpetuity the use of all platted lots at 41 Devon Drive and the Sandpearl project due to the transfer of development rights. Any mortgage holder of the sending site (41 Devon Drive and the Sandpearl project) shall consent to the transfer of development rights prior to the issuance of any permits. 04/12/2005 4/12/05 & 3/17/05 & 2/22/05 - WW Not Met Condition to be included in Staff Report: That the final design and color of the building be consistent with the conceptual elevations submitted to, or as modified by, the CDB. 04/12/2005 4/12/05 & 3/17/05 & 2/22/05 - WW Not Met Condition to be included in Staff Report: That all proposed utilities (from the right-of-way to the proposed building) be placed underground. Conduits for the future undergrounding of existing Print Date: 04/1212005 CaseConditons Page 1 of 2 J E FLD2005-01016 715 S GULFVIEW BLVD F-] Zoning Condition Wayne Wells 562-4504 utilities within the abutting right-of-way shall be installed along the entire site's street frontages prior to the issuance of a Certificate of Occupancy. The applicant's representative shall coordinate the size and number of conduits with all affected utility providers (electric, phone, cable, etc.), with the exact location, size and number of conduits to be approved by the applicant's engineer and the City's Engineering Department prior to the commencement of work. 04/12/2005 4/12/05 - WW Not Met Include as a condition in the Staff Report, however, cannot apply for a Comprehensive Sign Program (CSP) to increase sign height as Code does not provide for a residential CSP. 3/17/05 & 2/22/05 - WW Condition to be included in Staff Report: That any future freestanding sign be a monument-style sign a maximum four feet in height (unless a six-foot height is otherwise approved through the Comprehensive Sign Program) and designed to match the exterior materials and color of the building. 04/12/2005 4/12/05 & 3/17/05 & 2/22/05 - WW Not Met Condition to be included in Staff Report: That a condominium plat be recorded prior to the issuance of the first Certificate of Occupancy. 04/12/2005 4/12/05 & 3/17/05 & 2/22/05 - WW Not Met Condition to be included in Staff Report: That all applicable requirements of Chapter 39 of the Building Code be met related to seawall setbacks. 04/12/2005 4/12/05 & 3/17/05 & 2/22/05 - WW Not Met Condition to be included in Staff Report: That all Fire Department requirements be met prior to the issuance of any permits. 04/12/2005 4/12/05 & 3/17/05 & 2/22/05 - WW Not Met Condition to be included in Staff Report: That all Parks and Recreation fees be paid prior to the issuance of any permits. 04/12/2005 4/12/05 & 3/17/05 & 2/27/05 - WW Not Met Condition to be included in the Staff Report: That the applicant have two years after the Community Development Board approval date to submit for a building permit and two years after the issuance of a building permit in which to obtain a final Certificate of Occupancy. 04/12/2005 4/12/05 & 3/17/05 - WW Not Met Include as a condition of any approval the prohibition of the future development or transfer of the two unused units described in the Density Table. 2/27/05 - WW Based on the Density Table submitted attached to a letter from Ed Armstrong on February 11, 2005, it is indicated that a total of 151 units are available for this site, versus only 149 to be developed. Since some of these units are being transferred to this site through TDR, the total number of available units and the number of units to be developed should be the same. Reduce from three units to one unit being transferred from the Sandpearl project. 04/12/2005 4/12/05 & 3/17/05 - WW Not Met Revise Sheet 4/13, Unit Tabulation, Total for Tower 11, Levels 14-15, from 2 to 6. 2/27/05 - WW Based on revised information regarding unit tabulation on Sheet 4/13, revise Sheet 1/12 (civil) for unit tabulation. Separate per building, since there is an unequal amount. Print Date: 04/12/2005 CaseConditons Page 2 of 2 Wells, Wayne From: Kambourolias, Sam Sent: Thursday, April 07, 2005 4:26 PM To: Wells, Wayne Subject: RE: Map Request for FLD2005-01016/TDR2005-01017/PLT2005-00002, 715 South Gulfview Boulevard IMP zone.doc location.doc existing.doc aerial.doc Soto Kambourolias CAD Technician City Of Clearwater (727) 562-4769 -----Original Message----- From: Wells, Wayne Sent: Friday, April 01, 2005 8:53 AM To: Kambourolias, Sam Cc: Herman, Jason Subject: Map Request for FLD2005-01016/TDR2005-01017/PLT2005-00002, 715 South Gulfview Boulevard Sam - Attached is a map request for Case FLD2005-01016/TDR2005-01017/PLT2005-00002 for the property at 715 South Gulfview Boulevard. I will bring over the paperwork. The survey that I will bring over you may keep. Thanks- Wayne << File: FLD Map request form.doc >> • al / TAk toor* o?o? aoot'?oo??I w i ?r A 276A - - - - - - - : r 1o Tit sAo @ 15 Ba Rio W'ACxr p t 6 QQ., • ,{ tg CLEARTAT8R /? tg 22/02 20 _. TORNHOUBE s' , h 25 Jr h $ 20 23 ` , A 1 2 d` 22 21 ' 4 ( 5 6 y 7 g i 10 Sy/ 11 (r`Qlm ,p TOWEL i COND ( e3>y 8-8 N> 1 ( i ? eryAVyf -?l/ p I 1 (PPPPPP', ??Y? ?,fly Ll rl `1 + :SAND KEY COUNTY PARK it J i V S / R i 14 7#s s. 1 CITY OF CLEAR PBEEUAS COUNTY, PLOBIDA _ PREPARED BY PUBLIC WORKS ADIJINISTRATION -? ENCWEERINC 100 5. YKge Ave., Cbwe.ler, rL 33756 Ph.: (613)562-4750, For (613)526-4755 nfip: //rrw.H<ersolar-rl.c.m/mgne=/ iNH'I.ImM. Puwlc Mfwmaloo doto Is furnished by the city of Cleweatet 'i. Puwla Mlk. bmMlsiroibn/EngMeerMq, and must O. occeDtrO wd used by the -lolenl Ith the undenlondMp toot the dol. -Ned eos collected for the purpox of devehj,6,g a graphic Mfrustru t- inventory. As such, the City of Cleerwoler PWA/E mokes no ertewlt.s, ..Dressed of Wplled, --h.inq the oecurocy. eomaeimess. rNioDgtly, or wflaOnNy of We dalo to, my oihw Pietkvlw ux. Fwlhermore, the City of Clearwolr PWA/E a rw ibealty ehotsoever .asedaied eBh the use 6• ? g w miwx of xm dof.- If3 12 11 10 g 7 this Atlos p.ge fs wEH to perlodk Mmges. 4 n.raf. Z s1s Fw Mf-tion aDaut'folrsl rW. alleplea- cob PWA/E w aw z - -F--?) .. N 20 100 200 400 600 (rte, S7' SCALE: i" 400' p a LEGEND: O BLOCK NUMBER N 00 1234 LOT ADDRESS ! V ---- ? ? CITY LIMITS LINE 4 r---i SHADED AREA - PROPERTY OUTSIDE CLEARWATER CITY LIMITS Q A AGREEMENT TO ANNEX ? CITY OWNED PROPERTY MDR ZONING DESIGNATION "0 e ZONE LINE ? 1< P g ??ff nz.( am ex..6/wv `. a REVISED: so 21. 03/08/99 ZONING ATLAS NW 1/4 OF SECTION p 17 -29S-15E o U FAX COVER MEMO CITY OF CLEARWATER PLANNING DEPARTMENT 100 S. MYRTLE AVE. CLEARWATER, FL 33756 (727) 562-4567 FAX: (727) 562-4865 TO: Le"--mu-0A FAX: 44-b-- N07 Phone• 44 b FROM: _Phone:_.V(01--- 4 fl? DATE:_ S" 0 5 RE: Jot's O r eA C% r -?- c 1 -4 r w Yc.c k4- MESSAGE: NUMBER OF PAGES(INCLUDING THIS PAGE) Apr. 05 2005 12:30PM YOUR LOGO CityO#Clearwater-Plan Dept YOUR FAX NO. 727 562 4865 NO. OTHER FACSIMILE START TIME USAGE TIME MODE PAGES RESULT 01 94461197 Apr.05 12:21PM 09'31 SND 09 OK TO TURN OFF REPORT, PRESS 'MENU' #04. THEN SELECT OFF BY USING '+' OR '-'. FOR FAX ADVANTAGE ASSISTANCE, PLEASE CALL 1-800-hQP-FAX (435-7329). 11 _, .k, . , 1111.1-11-m mp an MAIN ENTRY --- -- PARKING ENTRY TOWERI EMERGENCY ACCESS 7.7 .. Sunspree Clearwater Beach, Florida ncle JMC COMMUNITIES CLUBHOUSE FACILITY RAMP UP TO PARKING LEVEL 2 TOWER 11 EMERGENCY ACCESS BOARDWALK SEA WALL • C09911gM 30M6 M/.1 MC«R Mw RMtM+G MiCW t9J fit[ pNM 911?I? Ell m Pmm m era 4, tmm m m q ? 7 I F m m m e ®m mm m i m m Al l AM R 14 e ® mm m 9 11 11 m m m m a m m a ® "° m a m a t ® m m 4144 m m m m a a a a ® ® mm m m lu ® m.. ® m m m a a ®m mm m ® ® m co ma a ® mm m m ® ® M E ffi m ma t ® mm m ®1 m m m ffi ID a a ®m mm ® JA' M- 1 m m _m 0 o m ?Ck n0.Og0! ? ?O.MYIC« ]003 ?JJ ?J NORTH ELEVATION Clearwater Beach, Florida ? io 66 i 1 auel.?x+u N[M90Rf KK .Cx 93660 OF ffc* 969.)33.Ip0 M JMC COMMUNITIES 919103.9 c0 13 Mrt0®1N«DES?+CCw COPIN HT 104 IAk ACHfNCrM PLANNO Clearwater Beach, Florida ?NAKH? 44111TUtAA19EwA NEWTC4D MACH, CA 91M4 949.1M1.1 E00 RI JMC COMMUNITIES 9A9lT$9 PMGGINAOESIGHION. cOM 10l HO. 0400E • 10 GENERAL NOTES p GARAGE SUPPORTS SUCH AS WALES AND COLUMNS MUST NOT I TWUOE WITHIN PARKING STALL DIMENSIONS. (COMMUNITY DEVELOPMENT CODE SECT" 1940). Q. GARAGE SUPPORTS SUCH AS WALES MUST NOT IMPEDE DRIVERS MIT VMOLr Y WHEN SACKING OUT OF PARKING SPACE. (COMMUNITY QQ OEVELOPMENT CODE SECTION 19414 COLUMNS MUST NOT INTRUDE IN nir DOUBLED PARKING ACCESS AISLE. (CHAPTER II FLORIDA SUR.DINO ACCESSMSU" CODE, SECTION 99, 6.0). I I I I REQUIREMENTS 149 UNITS x IS PARKING SPACES PER UNIT = 224 SPACES PARKING LEVEE 9 . 960 SPACES (4 HC) LEVEL 0. IN SPACES (0 HC) WEST - III SPACE (I MC) TOTAL • ITT SPACES PARKING LEVEL 1 \ \ COIMgHf MA 1NM NIatRCME ELAW.10 lmB 0O 010 - AWIC M5 PARKING LEVEL 2 u+M ARCrmECnME nArmRSc Clearwater Beach, Florida 1611 RUERAY[M1E HEWORf REACH, CA 92660 919.752.16002E1 INE06?lMDESK2N CO. ffco JMC COMMUNITIES `"°'2"662`"' 0 COrWgM 2WA AIM NICNINCIUIE NANN444 - ----------------------- 1 I i ; ----J -- ? RIiNEN I W M I 1 ` \ 1 A l_ _J A i IOUNOE E I i LOUNGE OUNCE E 1. i 70% 9t i ? 1 ? I I 1 C s a 4 _1---r--J 11 I M 7 1 \\ I 1 ? ? 1 1 11 1 1 II 1 A 1 1 C 11 tUNSPREE I UWT TABULATION \ C it 1 i \ \ A I it 11 Wilt I \ ____JI I WAND TOTAL t LEVEL 3 luree Site Clearwafier Beach, Florida aw W.MCTM .611 R RAW" ."#, RMAC.,CA91660 MNOp%INCCM/. NCID JMC COMMUNITIES RN?96 Ofs 'COM 100 NO. 01006 . 101A.AC. 9006 E • "Wells, Wayne From: Albee, Rick Sent: Tuesday, March 15, 2005 8:47 AM To: Watkins, Sherry; Planning Subject: RE: resubmittals for April 19, 2005 CDB Meeting I reviewed all cases and updated all conditions in Permit Plan. 430 Gulfview- No Issues. 15 Avalon- Condition Met. 715 Gulfview- No Issues. 2520 Sunset Point Rd- No Issues. 830 Bayway- Condition #20 was not met, changed requirement to be submitted at Building Permit. 665 Bay Esplanade- No Issues. 200 Skiff Point- Condition Met. 600 Bayway- No Issues. -----Original Message----- From: Watkins, Sherry Sent: Thursday, March 10, 2005 3:09 PM To: Planning Subject: FW: resubmittals for April 19, 2005 CDB Meeting April 19 CDB -----Original Message----- From: Parry, Mark Sent: Thursday, March 10, 2005 2:23 PM To: Watkins, Sherry Subject: RE: resubmittals for April 19, 2005 CDB Meeting I believe that would be the April 19 CDB Mark T. Parry Planner III City of Clearwater Planning Department 727.562.4558 mark.parry@myclearwater.com -----Original Message----- From: Watkins, Sherry Sent: Thursday, March 10, 2005 1:41 PM To: Planning Subject: resubmittals for April 19, 2005 CDB Meeting Importance: High Good Afternoon Everyone, Today was resubmittal date for the April 15, 2005 CDB Meeting. Here is a list of cases with planners for you all. Alissa and I will be date stamping these cases and will get them to you as quickly as we can. Have a Great Day! Sherry Watkins Planning Department Administrative Analyst 1. FLD2005-01005,SGN2005-01016 & Comp Landscape Adams Mark Hotel - 430 S Gullfview (Planner: Wayne Wells) 2. FLD2005-01007 & Comp Landscape - Ambiance on White Sands - 15 Avalon (Planner: Wayne Wells) 3. FLD2005-01016, TDR2005-01017 & Comp Landscape - Sunspree - 715 S. Gulfview Blvd (Planner: Wayne Wells) E 4. FLD2004-02011A, PLT2004-00007 - Townhome Manors - 2520 Sunset Point Road (Planner: Mike Reynolds) 5. FLD2005-01008 - Clearwater Yacht Club - 830 Bayway Blvd (Planner: Marc Mariano) 6. FLD2005-01009 - Robert Pennock - 665 Bay Esplanade (Planner: Marc Mariano) 7. FLD2005-01012 & Comp Landscape - 200 Skiff Point (Planner: Marc Mariano) 8. FLD2005-01010 - Bay Harbor - 600 Bayway Blvd - (Planner: John Schodtler) v v Wells, Wayne From: Rice, Scott Sent: Monday, March 14, 2005 11:13 AM To: Wells, Wayne Cc: Elbo, Bennett Subject: FLD2005-01016 - 715 S. Gulfview Wayne, Engineering has completed review of resubmittal and updated Permit Plan. The following should be conditions of approval: Prior to building permit, the distance from face of gate arm to the back edge of sidewalk at the western driveway shall be a minimum of 40 feet. Transportation Impact Fees to be determined and paid prior to C.O. D. Scott Rice Land DeveL Engr. Manager 727-562-4781 scott.rice@MyClearwater.com 0 0 Wells, Wayne From: Tarapani, Cyndi Sent: Monday, March 07, 2005 1:23 PM To: Delk, Michael; Thompson, Neil; Parry, Mark; Wells, Wayne Subject: FW: Lot on Devon Drive see below for more information from Pam. Thanks. Cyndi Tarapani Planning Director (727) 562-4547 cyndi.tarapani@myclearwater.com -----Original Message----- From: Akin, Pam Sent: Monday, March 07, 2005 9:53 AM To: Tarapani, Cyndi; Arasteh, Mahshid; Brumback, Garry Subject: RE: Lot on Devon Drive -----Original Message----- From: Brumback, Garry Sent: Monday, March 07, 2005 9:22 AM To: Tarapani, Cyndi; Arasteh, Mahshid; Akin, Pam Subject: RE: Lot on Devon Drive Your recollection is the same as mine. I can think of no other considerations. Garry Brumback Assistant City Manager (727) 562-4053 -----Original Message----- From: Tarapani, Cyndi Sent: Monday, March 07, 2005 8:59 AM To: Brumback, Garry; Arasteh, Mahshid; Akin, Pam Subject: RE: Lot on Devon Drive I believe that we determined that the Developer's obligations for this are: 1. Donate the property to the City. [Akin, Pam] we will need to do a contract with the Developer, which will have to go to the Council for acceptance 2. Demolish all buildings on site-i.e., site to be clear upon [Akin, Pam] 30 days notice from the city. _ days from closing.(not sure what wording we want here-any ideas, Pam? ) 3. Is the developer's obligation to pay for the improvements? I'm not sure of our decision here. [Akin, Pam] They are obligated to demolish and pay for or do the construction following us obtaining all necessary permits. Meters, if any, are our responsibility I believe that we decided that the City would d0 all design and permitting. Any other considerations that should be included? Please confirm so that I can make sure that all of our agreements are captured as conditions for the Development Order. Thanks. ?6 0 0 Cyndi Tarapani Planning Director (727) 562-4547 cyndi. tarapani@myclearwater. com -----Original Message----- From: Brumback, Garry Sent: Saturday, March 05, 2005 12:02 PM To: Arasteh, Mahshid; Tarapani, Cyndi Cc: Bertels, Paul; Bruch, Tracey; Quillen, Michael Subject: RE: Lot on Devon Drive I passed a survey to Mahshid through Tom Mahoney.... hopefully that will allow us to design the parking lot. Ed Armstrong is the agent for the owner and told me that he will be ready to turn it over to the City by Sep. If this works, let me know, if not I'll talk to him then. The goal is to get the parking lot designed for tem to build and be operational by February 1, 2006. Garry Brumback Assistant City Manager (727) 562-4053 -----Original Message----- From: Arasteh, Mahshid Sent: Wednesday, February 16, 2005 11:00 AM To: Tarapani, Cyndi; Brumback, Garry Cc: Bertels, Paul; Bruch, Tracey; Quillen, Michael Subject: FW: Lot on Devon Drive Garry/ Cyndie, do you have a survey on this property. Garry, there is an active hotel and a travel agency on this lot. Who is our point of contact out side the City if we need to go on site or obtain info.? Mahshid D. Arasteh, P.E. Public Works Administrator 727-562-4757 -----Original Message----- From: Bertels, Paul Sent: Wednesday, February 16, 2005 8:54 AM To: Arasteh, Mahshid; Bruch, Tracey; Quillen, Michael Subject: RE: Lot on Devon Drive Do we have a survey for this property? Paul Bertels Manager Traffic Operations Division 727-562-4794 Paul.Berteis@MyClearwater.com -----Original Message----- From: Arasteh, Mahshid Sent: Tuesday, February 15, 2005 5:25 PM To: Bruch, Tracey; Quillen, Michael; Bertels, Paul Subject: RE: Lot on Devon Drive Paul, could you work on this? 0 Mahshid D. Arasteh, P.E. Public Works Administrator 727-562-4757 -----Original Message----- From: Bruch, Tracey Sent: Monday, February 14, 2005 3:18 PM To: Quillen, Michael Cc: Arasteh, Mahshid Subject: RE: Lot on Devon Drive No, I would need someone to do this and conform to the code requirements. It is on the corner of Devon and Hamden (NE corner). -----Original Message----- From: Quillen, Michael Sent: Monday, February 14, 2005 3:12 PM To: Bruch, Tracey Cc: Arasteh, Mahshid Subject: Lot on Devon Drive Garry authorized Mahshid to proceed to lay out parking on the lot on Devon Drive we got from Cheezem. Do you know what lot it is? If so were you going to do a layout or did you need someone to. Per Mahshid this is priority over Clearwater Marine Aquarium. It 0 0 Wells, Wayne From: Tarapani, Cyndi Sent: Monday, March 07, 2005 9:50 AM To: Delk, Michael; Thompson, Neil; Parry, Mark; Wells, Wayne Subject: FW: Lot on Devon Drive There will be conditions on the Sunspree Development order to confirm the donation of the Devon lot. They should include: 1. Developer to donate Devon property to City. 2. Developer clear site within _ days of closing (need to confirm with Pam the timing) 3. City to design and permit the parking lot. 4. Developer to pay for improvements to parking lot. Please make sure that these conditions are in the Development order for sunspree-and we can discuss further. Thanks. Cyndi Tarapani Planning Director (727) 562-4547 cyndi. tarapani@myclearwater. com -----Original Message----- From: Brumback, Garry Sent: Monday, March 07, 2005 9:27 AM To: Tarapani, Cyndi Subject: RE: Lot on Devon Drive He does. Garry Brumback Assistant City Manager (727) 562-4053 -----Original Message----- From: Tarapani, Cyndi Sent: Monday, March 07, 2005 9:24 AM To: Brumback, Garry Subject: RE: Lot on Devon Drive so developer does or does not pay for improving the lot? Cyndli Tarapani Planning Director (727)562-4547 cyndi.tarapanl@myclearwater.com -----Original Message----- From: Brumback, Garry Sent: Monday, March 07, 2005 9:22 AM To: Tarapani, Cyndi; Arasteh, Mahshid; Akin, Pam Subject: RE: Lot on Devon Drive Your recollection is the same as mine. I can think of no other considerations. Garry Brumback Assistant City Manager (727) 562-4053 -----Original Message----- From: Tarapani, Cyndi Sent: Monday, March 07, 2005 8:59 AM To: Brumback, Garry; Arasteh, Mahshid; Akin, Pam Subject: RE: Lot on Devon Drive I believe that we determined that the Developer's obligations for this are: 1. Donate the property to the City. 2. Demolish all buildings on site-i.e., site to be clear upon _ days from closing.(not sure what wording we want here-any ideas, Pam? ) 3. Is the developer's obligation to pay for the improvements? I'm not sure of our decision here. I believe that we decided that the City would do all design and permitting. Any other considerations that should be included? Please confirm so that I can make sure that all of our agreements are captured as conditions for the Development Order. Thanks. Cyndi Tarapani Planning Director (727) 562-4547 cyndi.tarapani@myclearwater.com -----Original Message----- From: Brumback, Garry Sent: Saturday, March 05, 2005 12:02 PM To: Arasteh, Mahshid; Tarapani, Cyndi Cc: Bertels, Paul; Bruch, Tracey; Quillen, Michael Subject: RE: Lot on Devon Drive I passed a survey to Mahshid through Tom Mahoney.... hopefully that will allow us to design the parking lot. Ed Armstrong is the agent for the owner and told me that he will be ready to turn it over to the City by Sep. If this works, let me know, if not I'll talk to him then. 'I'he goal is to get the parking lot designed for tem to build and be operational by February 1, 2006. Garry Brumback Assistant City Manager (727) 562-4053 -----Original Message----- From: Arasteh, Mahshid Sent: Wednesday, February 16, 2005 11:00 AM To: Tarapani, Cyndi; Brumback, Garry Cc: Bertels, Paul; Bruch, Tracey; Quillen, Michael Subject: FW: Lot on Devon Drive 2 ' Garry/ Cyndie, do you have a survey on this property. Garry, It is an active hotel and a travel agency on this lot. Who is our point of contact out side the City if we need to go on site or obtain info.? Mahshid D. Arasteh, P.E. Public Works Administrator 727-562-4757 -----Original Message----- From: Bertels, Paul Sent: Wednesday, February 16, 2005 8:54 AM To: Arasteh, Mahshid; Bruch, Tracey; Quillen, Michael Subject: RE: Lot on Devon Drive Do we have a survey for this property? Paul Bertels Manager Traffic Operations Division 727-562-4794 Paul. Berteis@MyClearwater. cam -----Original Message----- From: Arasteh, Mahshid Sent: Tuesday, February 15, 2005 5:25 PM To: Bruch, Tracey; Quillen, Michael; Bertels, Paul Subject: RE: Lot on Devon Drive Paul, could you work on this? Mahshid D. Arasteh, P.E. Public Works Administrator 727-562-4757 -----Original Message----- From: Bruch, Tracey Sent: Monday, February 14, 2005 3:18 PM To: Quillen, Michael Cc: Arasteh, Mahshid Subject: RE: Lot on Devon Drive No, I would need someone to do this and conform to the code requirements. It is on the corner of Devon and Hamden (NE corner). -----Original Message----- From: Quillen, Michael Sent: Monday, February 14, 2005 3:12 PM To: Bruch, Tracey Cc: Arasteh, Mahshid Subject: Lot on Devon Drive Garry authorized Mahshid to proceed to lay out parking on the lot on Devon Drive we got from Cheezem. Do you know what lot it is? If so were you going to do a layout or did you need someone to. Per Mahshid this is priority over Clearwater Marine Aquarium. Case Number: FLD2005-01016 -- 715 S GULFVIEW BLVD 3:15 pm Owner(s): Sunspree Green Llc 3 N 50 N Water St South Norwalk, Ct 06854 TELEPHONE: No Phone, FAX: No Fax, E-MAIL: No Email Applicant Sunspree Green, Llc 50 N Waters Street South Norwalk, Ct 06854 'qIvFVV TELEPHONE: 203-354-5030, FAX: 203-354-5060,E-MAIL: No Email Representative: E. D. Armstrong Iii, Esquire Po Box 1368 Clearwater, F133757 TELEPHONE: 727-461-1818, FAX: 727-441-8617, E-MAIL: ed@jpfirm.com Location: 5.313 total acres (4.383 acres zoned Tourist District; 0.93 acres zoned Open Space/Recreation District) located at the southwest corner of South Gulfview Boulevard and Gulf Boulevard. Atlas Page: 285A Zoning District: T, Tourist Request: (1) Termination of Status of Nonconformity for density for the existing 105-room hotel tower (density to be converted to 78 dwelling units); (2) Flexible Development approval to permit attached dwellings with reductions to the front (north along S. Gulfview Blvd.) from 15 feet to xx feet (to security guard house) and from 15 feet to 6.42 feet (to pavement), a reduction to the front (east along Gulf Blvd.) from 15 feet to xx feet (to pavement), a reduction to the side (west) setback from 10 feet to 4.29 feet (to pavement), a reduction to the side (south) setback from 10 feet to zero feet (to boardwalk), an increase to building height from 35 feet to 150 feet (to roof deck) with an additional 11 - 21 feet for decorative mansard architectural embellishments, as a Comprehensive Infill Redevelopment Project, under the provisions of Section 2-803.C; (3) Transfer of Development Rights of 14 units from 41 Devon Drive and three units from the Sandpearl project, under the provisions of Section 4-1402 (TDR2005-01017); and (3) Preliminary Plat for one lot (PLT2005-00002). Proposed Use: Attached dwellings Development Review Agenda - Thursday, March 3, 2005 - Page 37 Neighborhood Clearwater eighborhoods Coalition Association(s): Clearwater, Fl 33761 2544 Frisco Drive TELEPHONE: 727-725-3345, FAX: No Fax, E-MAIL: Djw@gte.net Neighborhood Clearwater Beach Association Association(s): Clearwater, Fl 33767 100 Devon Dr TELEPHONE: 443-2168, FAX: No Fax, E-MAIL: papamurphy@aol.com Neighborhood Clearwater Point 1 Beach House 16 Association(s): Clearwater, Fl 33767 845 Bayway Blvd TELEPHONE: 535-2424, FAX: No Fax, E-MAIL: No Email Neighborhood Clearwater Point 3 Marina House 17 Association(s): Clearwater, F133767 868 Bayway Blvd #212 TELEPHONE: No Phone, FAX: No Fax, E-MAIL: No Email Neighborhood Clearwater Point 4 Island House 1 Association(s): Clearwater, Fl 33767 895 S Gulfview Blvd TELEPHONE: 530-4517, FAX: No Fax, E-MAIL: No Email Neighborhood Clearwater Point 5 Admiral House 19 Association(s): Clearwater, Fl 33767 825 S Gulfview Blvd #104 TELEPHONE: 447-0290, FAX: No Fax, E-MAIL: No Email Neighborhood Clearwater Point 7 Inc, Yacht House Association(s): Clearwater, F133767 851 Bayway Blvd TELEPHONE: 727-441-8212, FAX: No Fax, E-MAIL: cpoint7@knology.net Neighborhood Clearwater Point 8 Shipmaster, Sail Association(s): Clearwater, Fl 33767 800 S Gulfview Blvd TELEPHONE: 727-442-0664, FAX: No Fax, E-MAIL: clwpt8@tampabay.rr.com Presenter: Wayne Wells, Planner III Attendees Included: City Staff. Wayne Wells, Mark Parry, Scott Rice, Ann Blackburn, Rick Albee Applicant[Rep: Ed Armstrong, Jayne Sears, O. C. Cabrera, Ken Eckelkamp, Karen Taylor The DRC reviewed this application with the following comments: General Engineering: Development Review Agenda - Thursday, March 3, 2005 - Page 38 0 1 . 1) Fire and domestic water line tap locations should either be closer'?"o the proposed fire hydrants and connections to building or designed such that the water service loops through the property to prevent stagnation. 2) Fire hydrants shall be directly connected to City water line with flow unrestricted by a backflow prevention device. 3) Western trash staging area will be difficult to access with solid waste vehicles. Trash pickup location is subject to review and approval of the Solid Waste Department. Contact Tom Glenn at 727.562.4930.3/4/05 - PER CONVERSATION WITH TOM GLENN - SOLID WATE LOCATIONS ARE ACCEPTABLE. 4) Bring all substandard sidewalks and sidewalk ramps adjacent to or part of the project up to standard including A.D.A. All of the above to be addressed prior to CDB. The following to be addressed prior to building permit: 1) A separate right-of-way permit is required for the brick paver driveway. Contact Don Melone (727.562.4798) for permit information. 2) Concrete driveway apron constructed within the right-of-way shall be a minimum 6" thick 3,000 psi fibermesh concrete with 6"x 6" /10x10 welded wire mesh. 3) Ductile iron pipe must be installed between any tap and water meter. Ductile iron pipe must be installed between any tap and backflow preventor device. At least one joint of ductile iron pipe shall be installed on the service side of any backflow preventor device. General Note: DRC review is a prerequisite for Building Permit Review, additional comments may be forthcoming upon submittal of a Building Permit Application. Environmental: I , Please submit sea turtle friendly lighting design and installation details prior to building permit. (Community Development Code Section 3-1302-D and City Or. No. 6928-02) Fire: I , This DRC Review by Fire is not an approval or review of any construction plans or documents other than site work. 2, Show minimum 28 foot turning radii for ingress and egress for emergency vehicles. Please acknowledge PRIOR TO CDB. 3 , Where underground water mains and hydrants are to be installed, they shall be installed, completed, and in service prior to construction as per NFPA-241. Please acknowledge PRIOR TO CDB. 4. Where is the water supply to protect the back side of the building? The closest hydrant shown on plans exceeds 300 feet from the most remote point of the building. Provide a fire hydrant within 300 feet of the most remote point of the building. Please acknowledge PRIOR TO CDB. 5 . Fire hydrant(s) must be on separate, unrestricted line(s). Hydrants shown on the plan are on restricted lines. Please acknowledge PRIOR TO CDB. 6. Grate inlets shown in drive aisles must meet requirements for 80,000 lb fire truck. (HS 20 Bridge design). Please acknowledge PRIOR TO CDB. 7. Provide 24 ft roadway/drive aisle for emergency vehicle access. Please acknowledge PRIOR TO CDB. 8. Provide 20 ft wide ingress and egress each side of divided drive on north exit/entrance to property. Please acknowledge PRIOR TO CDB. 9. Please provide a copy of the agreement for the use of the land to be used for the emergency vehicle turn-around PRIOR TO CDB. 10. Install a gate type lock box as per County Ordinance No. 98-4 for emergecy vehicle access. Applications for lock boxes are available at the Life safety building of Clearwater Fire and Rescue, 600 Franklin St., Clearwater. Please acknowledge PRIOR TO CDB. 11 . The vault located under the ramp must be designed to HS-20 specifications. Please acknowledge PRIOR TO CDB. 12, The ramp over the vault must be designed to HS-20 specifications. Please acknowledge PRIOR TO CDB. 13. Vault under ramp to be designed to HS-20 specifications. Please acknowledge PRIOR TO CDB. 14. Ramp to be designed to HS-20 specifications. Please acknowledge PRIOR TO CDB. Harbor Master: 1 . No issues. Development Review Agenda - Thursday, March 3, 2005 - Page 39 Legal: • 1 . No issues. Land Resources: I . No Issues. Landscaping: 1 . The plan indicates 200 annuals in the table on sheet L-2 where there appear to be three areas of 200, or 600 total plants. Revise to reflect correct number. 2. The plans indicate 5 "AC" to the north of the pool on sheet L-2 where there are two groups of 5 depicted, or ten total plants. Revise drawing and table to reflect. Parks and Recreation: I . To be able to determine whether the Open Space Dedication requriement applies to this project additional building coverage information needs to be noted in the site data table. The recreation impact fees will apply on this project and needs to be addressed prior to building permit or plat whichever comes first. Contact Art Kader at 727-562-4824 Stormwater: I , Prior to issuance of a building permit the following conditions are to be met: I) SWFWMD approval or exemption must be obtained 2) 50 foot of adjacent topo to be shown on drainage plan 3) All existing storm lines that originated from the old Holiday Inn parking lot are to be completely removed on site and off site. Solid Waste: I . That dumpster service be arranged with the Solid Waste Department prior to the issuance of an occupational license or certificate of occupancy. Please contact Tom Glenn - 727-562-4930 All Dumpsters and recycyling carts are to be roiled to staging areas by on site maintenance personel Traffic Engineering: 1 . 1. Suggest relocating accessible aisle for handicap parking space on the northwest corner on the second floor. 2. Accessible route must be located where the user will not be compelled to walk or wheel behind any parked vehicles. (Florida Accessibility Code, Section 11-4.6.2.) 3. Correct line types on drawing of the handicap sign detail. 4. Walls must not impede motorists line of sight when backing out from parking stall (Community Development Code Section 3-1402 A). 5. Is the second floor a one-way flow? If so, install signs and markings to better inform motorists of direction of flow/travel. If not, provide demonstration that turning vehicles will not encroach into oncoming lanes. 6. All parking spaces may be either 19' long typical or 20' long typical not both. 7. Driveway radius must meet the Fire Department's approval. 8. Show 20' x 20' sight distance triangles at all driveways. See eastern driveway and egress leg of western drieway on Page 4 of 12. The triangles are measured from the property line and objects within the sight distance triangles must not exceed 30" in height from the pavement. (Community Development Code Section 3-904) 9. At western driveway, distance from face of gate arm to the back edge of sidewalk must be 40 ft. 10. What type of access is planned for the eastern driveway? If ingress is anticipated, stacking distance must be provided between gate and back of sidewalk. 3/4/05 - GATE TO BE USED FOR EXIT ONLY AND EMERGENCY ACCESS. All of the above to be addressed prior to CDB. 1) General note: Transportation Impact Fees to be determined and paid prior to C.O. Planning: Development Review Agenda - Thursday, March 3, 2005 - Page 40 I . Is there a reason orthe existing development, which is proposed 161 totally removed, shown on Sheet 7/12? Makes it confusing and difficult to read. This wasn't depicted on Sheet 4/12 the same way. 2. Unclear why existing structures along the water are ghosted in on Sheets 4-5/12 and Sheets 7-9/12 (?). If they are to be removed, much like all other existing improvements, provide a demolition plan. 3. Dimension the width of the drive aisle parallel with S. Gulfview & Gulf Blvds., driveways and interior landscape islands. 4. Provide dimension from front property line to security guard house. 5 . Provide the dimension from the east property line to the emergency vehicle turnaround. 6. Indicate the surface material of the emergency vehicle turnaround. 7. Revise Sheet 4/12 to indicate the emergency access on the west side. 8. Trash room on southwest corner of western building - doors to the outside go into grass (?). 9. Provide sight triangles at the eastern driveway. 10. How will vehicles enter/exit the eastern driveway with a fence/wall across it? 11 . Provide detail of proposed aluminum fencing with CMU columns to match architecture (stated on Sheet L-1). Indicate height. 12. Indicate on Sheet 4/12 the proposed fence with columns, and sliding gate, along S. Gulfview Blvd. and Gulf Blvd. 13. Provide a means via sidewalk for guests to access the entrances from guest parking. 14. Provide dimensions from the seawall to the proposed buildings, the width of the boardwalk, width of sidewalks, etc. 15 . Indicate on Sheet 4/12 the proposed sign location(s) (see Sheet L-1), with proposed/required setback. 16. Sheet 2/13 of architectural plans - what are all these storage units facing the water and pool? Are these rather cabanas for the residents? If so, these units must meet Building and FEMA Codes for what can be within them - no refrigerators, etc.). 17. Unclear why a Comprehensive Landscape Program has been submitted? Advise. 18 . Depict by shading or crosshatching of all required parking lot interior landscaped areas. 19. Curb all landscape areas (interior and terminal islands). 20. Provide an irrigation plan. 21 . Revise the Land Use Data Table on Sheet 1/12 to provide the square footage and acreage for the upland area (area above the seawall) zoned Tourist District and the square footage and acreage for the beach area (area below the seawall) zoned Open Space/Recreation District. 22. Provide the proposed density calculation for the project based on the land area zoned Tourist District. 23 . Provide the height of the Sea Wake Motel adjacent to the west. 24. Provide documentation that the proposal complies with all Transfer of Development Rights regarding additional height of Section 4-1403.C. 25. Condition to be included in Staff Report: That a special warranty deed, specifying the number of dwelling units being conveyed or sold from 41 Devon Drive and the Sandpearl project and being transferred to this site, be recorded prior to the issuance of any permits for this project. The special warranty deed shall also contain a covenant restricting in perpetuity the use of all platted lots at 41 Devon Drive and the Sandpearl project due to the transfer of development rights. Any mortgage holder of the sending site (41 Devon Drive and the Sandpearl project) shall consent to the transfer of development rights prior to the issuance of any permits. 26. Condition to be included in Staff Report: That the final design and color of the building be consistent with the conceptual elevations submitted to, or as modified by, the CDB. 27. Condition to be included in Staff Report: That all proposed utilities (from the right-of-way to the proposed building) be placed underground. Conduits for the future undergrounding of existing utilities within the abutting right-of-way shall be installed along the entire site's street frontages prior to the issuance of a Certificate of Occupancy. The applicant's representative shall coordinate the size and number of conduits with all affected utility providers (electric, phone, cable, etc.), with the exact location, size and number of conduits to be approved by the applicant's engineer and the City's Engineering Department prior to the commencement of work. 28. Condition to be included in Staff Report: That any future freestanding sign be a monument-style sign a maximum four feet in height (unless a six-foot height is otherwise approved through the Comprehensive Sign Program) and designed to match the exterior materials and color of the building. 29. Condition to be included in Staff Report: That a condominium plat be recorded prior to the issuance of the first Certificate of Occupancy. Development Review Agenda - Thursday, March 3, 2005 - Page 41 30. Condition to be inded in Staff Report: That all applicable requirem nts of Chapter 39 of the Building Code be met related to seawall setbacks. 31 . Condition to be included in Staff Report: That all Fire Department requirements be met prior to the issuance of any permits. 32. Condition to be included in Staff Report: That all Parks and Recreation fees be paid prior to the issuance of any permits. 33 . Since the Termination of Status of Nonconformity is being based on 2.383 acres, ensure that the overall density is in conformance with only that zoned Tourist District. 34. 3/7/05 & 2/27/05 - WW Condition to be included in the Staff Report: That the applicant have two years after the Community Development Board approval date to submit for a building permit and two years after the issuance of a building permit in which to obtain a final Certificate of Occupancy. 35 . Based on the Density Table submitted attached to a letter from Ed Armstrong on February 11, 2005, it is indicated that a total of 151 units are available for this site, versus only 149 to be developed. Since some of these units are being transferred to this site through TDR, the total number of available units and the number of units to be developed should be the same. Reduce from three units to one unit being transferred from the Sandpearl project. 36. Unclear why this property is being platted (submission of a Preliminary Plat). This will be a condominium, where a recorded condominium plat will be required to be submitted prior to the issuance of the first Certificate of Occupancy. Rather than platting the property, submit a recorded Unity of Title tying all lands together as one parcel for development purposes. Advise. 37 . Sheet 2/13 (architectural) indicates a total of 278 parking spaces. This is the number I count. Revise Sheet 1/12 (civil) from 285 to 278 spaces provided. 38. Revise Sheet 2/13 (architectural) for the required basis for parking from 1.8 parking spaces per unit to 1.5 spaces per unit and the required number of parking spaces from 270 to 224 spaces (to be consistent with that stated on Sheet 1/12 [civil]). 39. Revise Sheets 4/12, 7/12 and 9/12 (civil) to eliminate walls blocking access to the eastern parking garage entry. 40. Level 2 parking - eliminate the one (bare) parking space on the east end adjacent to the generator room, as it must back out blind into the main drive aisle. 41 . Sheet 3/13 - What are rooms "E" at both towers (electrical)? 42. Based on revised information regarding unit tabulation on Sheet 4/13, revise Sheet 1/12 (civil) for unit tabulation. Separate per building, since there is an unequal amount. 43. Revise Unit Tabulation on Sheet 4/13 to indicate in Tower 1 Levels 10-15 (not 9-15). 44. Unit Tabulation on Sheet 4/13 and as indicated on floor plans for Levels 2-15 don't add up to 149 (add up to 150). Revise the Unit Tabulation on Sheet 4/13 appropriately to accurately indicate the number of unit types per floor per tower. Also revise the floor plans for Levels 2-15 appropriately to concur with the unit tabulation so that the total number of units = 149. 45 . Indicate on architectural sheets Tower 1 and Tower 2. 46. Indicate location of mechanical equipment. If on roof, indicate such. 47. Based on the roof plan (sheet 7/13) and the building elevations (Sheets 10-13/13), what are the octagonal rooms on either end of the building on the roofs to be used for? 48. Unclear why the elevator/stair towers must be 21 feet high (to the top of the pitched roof) rather than meeting the Code provided maximum of 16 feet? Provide full justification. 49. Not able to coordinate floor plan window locations with elevation depictions for elevator/stair towers (for northern elevation), specifically small windows in stairs that shows up on Floor 15 and the roof, but not down the rest of the building. 50. Per Beach by Design, "when a parking garage abuts a public road or other public place, it will be designed such that the function of the building is not readily apparent except at points of ingress and egress." Parking garage as seen from the north elevation is a massive, stark, blank and bland wall. Any way to dress this up to meet Beach by Design but avoid the blandness and starkness of a blank wall? 51 . Revise Sheet 1/12 for the Density Table to reflect current request attached to the February 11, 2005, letter from Ed Armstrong, including Termination, to detail out the density calculation (see other comment regarding number of units being transferred from Sandpearl project). Also revise "overview of proposed redevelopment" in booklet. Also revise the "denisty/transfer of density" in the booklet. 52 . Revise the Transfer of Development Rights application as it relates to 41 Devon Drive, as Staff can only verify 20 existing overnight accommodation units (not 23 units). Also - as it is stated that 41 Devon Drive is 0.38 acre, this translates to 11 dwelling units allocated to this site (at 30 du/acre) (?). Development Review Agenda - Thursday, March 3, 2005 - Page 42 53 . Provide an accounting of all units per the Gray Settlement, as they have been allocated/parceled out to each development, so that I can see how the numbers are adding up and where there is a balance. Note: per the approval for the Sandpearl project, any unused density pool units are to be returned to the City. Other: No Comments Notes: To be placed on the 4/19/05 CDB agenda, submit 15 collated copies of the revised plans & application material addressing all above departments' comments by noon, 3/10/05. Packets shall be collated, folded and stapled as appropriate. Development Review Agenda - Thursday, March 3, 2005 - Page 43 3:15 pm Case Number: PLT2005-002 -- 715 S GULFVIEW BLVD Owner(s): Sunspree Green Llc 50 N Water St South Norwalk, Ct 06854 TELEPHONE: No Phone, FAX: No Fax, E-MAIL: No Email Representative: E. D. Armstrong Iii, Esquire Po Box 1368 Clearwater, F133757 TELEPHONE: 727-461-1818, FAX: 727-441-8617, E-MAIL: ed@jpfirm.com Location: 5.31 ACRES LOCATED AT THE SOUTHWEST CORNER OF SOUTH GULFVIEW BOULEVARD AND GULF BOULEVARD Atlas Page: 285A Zoning District: T, Tourist Request: Preliminary Plat Proposed Use: Attached dwellings Neighborhood Clearwater Neighborhoods Coalition Association(s): Clearwater, F133761 2544 Frisco Drive TELEPHONE: 727-725-3345, FAX: No Fax, E-MAIL: Djw@gte.net Neighborhood Clearwater Beach Association Association(s): Clearwater, F133767 827 Mandalay Ave TELEPHONE: 727-446-5801, FAX: No Fax, E-MAIL: dmacnav@att.net Presenter: Wayne Wells, Planner III Attendees Included: CITY STAFF: WAYNE WELLS, MARK PARRY, SCOTT RICE, ANN BLACKBURN APPLICANT/REP: ED ARMSTRONG, JAYNE SEARS, The DRC reviewed this application with the following comments: General Engineering: No Comments Environmental: No Comments Fire: No Comments Harbor Master: No Comments Legal: No Comments Land Resources: No Comments Landscaping: I . no issues. Parks and Recreation: No Comments Stormwater: No Comments Solid Waste: No Comments Traffic Engineering: No Comments Planning: No Comments Other: No Comments Notes: Development Review Agenda - Thursday, March 3, 2005 - Page 44 h Case Number: FLD2005-01016 -- 715 S GULFVIEW BLVD 3:15 pm Owner(s): Sunspree Green Llc 50 N Water St South Norwalk, Ct 06854 TELEPHONE: No Phone, Applicant Sunspree Green, Llc 50 N Waters Street South Norwalk, Ct 06854 Dc?.?F} FAX: No Fax, E-MAIL: No Email TELEPHONE: 203-354-5030, FAX: 203-354-5060, E-MAIL: No Email Representative: E. D. Armstrong Iii, Esquire Po Box 1368 It4vaor Vim Clearwater F133757 cawftm?h TELEPHONE: 727-461-1818, FAX: 727-441-8617, E-MAIL: ed@jpfum.com Location: 5.313 total acres (4.383 acres zoned Tourist District; 0.93 acres zoned Open Space/Recreation District) located at the southwest corner of South Gulfview Boulevard and Gulf Boulevard. Atlas Page: 285A Zoning District: T, Tourist Request: (1) Termination of Status of Nonconformity; (2) Flexible Development approval to permit attached dwellings with reductions to the front (north along S. Gulfview Blvd.) from 15 feet to xx feet (to security guard house) and from 15 feet to 6.42 feet (to pavement), a reduction to the front (east along Gulf Blvd.) from 15 feet to xx feet (to pavement), a reduction to the side (west) setback from 10 feet to 4.29 feet (to pavement), a reduction to the side (south) setback from 10 feet to zero feet (to boardwalk), an increase to building height from 35 feet to 150 feet (to roof deck) with an additional 11 - 21 feet for decorative mansard architectural embellishments, as a Comprehensive Infill Redevelopment Project, under the provisions of Section 2-803.C; (3) Transfer of Development Rights of 14 units from 41 Devon Drive and three units from the Sandpearl project, under the provisions of Section 4-1402 (TDR2005-01017); and (3) Preliminary Plat for one lot (PLT2005-00002). Proposed Use: Attached dwellings Neighborhood Clearwater Neighborhoods Coalition Association(s): Clearwater, Fl 33761 2544 Frisco Drive TELEPHONE: 727-725-3345, FAX: No Fax, E-MAIL: Djw@gte.net Neighborhood Clearwater Beach Association Association(s): Clearwater, F133767 100 Devon Dr TELEPHONE: 443-2168, FAX: No Fax, E-MAIL: papamurphy@aol.com Neighborhood Clearwater Point 1 Beach House 16 Association(s): Clearwater, F133767 845 Bayway Blvd TELEPHONE: 535-2424, FAX: No Fax, E-MAIL: No Email Neighborhood Clearwater Point 3 Marina House 17 Association(s): Clearwater, F133767 868 Bayway Blvd #212 TELEPHONE: No Phone, FAX: No Fax, E-MAIL: No Email Neighborhood Clearwater Point 4 Island House 1 Association(s): Clearwater, F133767 895 S Gulfview Blvd TELEPHONE: 530-4517, FAX: No Fax, E-MAIL: No Email Neighborhood Clearwater Point 5 Admiral House 19 Association(s): Clearwater, F133767 825 S Gulfview Blvd #104 TELEPHONE: 447-0290, FAX: No Fax, E-MAIL: No Email Neighborhood Clearwater Point 7 Inc, Yacht House Association(s): Clearwater, Fl 33767 851 Bayway Blvd TELEPHONE: 727-441-8212, FAX: No Fax, E-MAIL: cpoint7@knology.net Neighborhood Clearwater Point 8 Shipmaster, Sail Association(s): Clearwater, F133767 800 S Gulfview Blvd TELEPHONE: 727-442-0664, FAX: No Fax, E-MAIL: clwpt8@tampabay.rr.com Development Review Agenda - Thursday, March 3, 2005 - Page 39 Presenter: Wayne Wells, Planner III 40 Attendees Included: City Staff: Wayne Wells, Mark Parry, Scott Rice, Ann Blackburn, Rick Albee Applicant/Rep: Ed Armstrong, Jayne Sears, The DRC reviewed this application with the following comments: General Engineering: 1 . 1) Fire and domestic water line tap locations should either be closer to the proposed fire hydrants and connections to building or designed such that the water service loops through the property to prevent stagnation. 2) Fire hydrants shall be directly connected to City water line with flow unrestricted by a backflow prevention device. 3) Western trash staging area will be difficult to access with solid waste vehicles. Trash pickup location is subject to review and approval of the Solid Waste Department. Contact Tom Glenn at 727.562.4930. 4) Bring all substandard sidewalks and sidewalk ramps adjacent to or part of the project up to standard including A.D.A. All of the above to be addressed prior to CDB. The following to be addressed prior to building permit: 1) A separate right-of-way permit is required for the brick paver driveway. Contact Don Melone (727.562.4798) for permit information. 2) Concrete driveway apron constructed within the right-of-way shall be a minimum 6" thick 3,000 psi fibermesh concrete with 6"x 6" !10x10 welded wire mesh. 3) Ductile iron pipe must be installed between any tap and water meter. Ductile iron pipe must be installed between any tap and backflow preventor device. At least one joint of ductile iron pipe shall be installed on the service side of any backflow preventor device. General Note: DRC review is a prerequisite for Building Permit Review, additional comments may be forthcoming upon submittal of a Building Permit Application. Environmental: 1 . Please submit sea turtle friendly lighting design and installation details prior to building permit. (Community Development Code Section 3-1302-D and City Or. No. 6928-02) Fire: Development Review Agenda - Thursday, March 3, 2005 - Page 40 I . This DRC Review by Fire is not an approval or review of any consTruction plans or documents other than site work. 2. Show minimum 28 foot turning radii for ingress and egress for emergency vehicles. Please acknowledge PRIOR TO CDB. 3 . Where underground water mains and hydrants are to be installed, they shall be installed, completed, and in service prior to construction as per NFPA-241. Please acknowledge PRIOR TO CDB. 4. Where is the water supply to protect the back side of the building? The closest hydrant shown on plans exceeds 300 feet from the most remote point of the building. Provide a fire hydrant within 300 feet of the most remote point of the building. Please acknowledge PRIOR TO CDB. 5 . Fire hydrant(s) must be on separate, unrestricted line(s). Hydrants shown on the plan are on restricted lines. Please acknowledge PRIOR TO CDB. 6. Grate inlets shown in drive aisles must meet requirements for 80,000 lb fire truck. (HS 20 Bridge design). Please acknowledge PRIOR TO CDB. 7. Provide 24 ft roadway/drive aisle for emergency vehicle access. Please acknowledge PRIOR TO CDB. 8. Provide 20 ft wide ingress and egress each side of divided drive on north exit/entrance to property. Please acknowledge PRIOR TO CDB. 9. Please provide a copy of the agreement for the use of the land to be used for the emergency vehicle turn-around PRIOR TO CDB. 10. Install a gate type lock box as per County Ordinance No. 98-4 for emergecy vehicle access. Applications for lock boxes are available at the Life safety building of Clearwater Fire and Rescue, 600 Franklin St., Clearwater. Please acknowledge PRIOR TO CDB. 11 . The vault located under the ramp must be designed to HS-20 specifications. Please acknowledge PRIOR TO CDB. 12. The ramp over the vault must be designed to HS-20 specifications. Please acknowledge PRIOR TO CDB. 13. Vault under ramp to be designed to HS-20 specifications. Please acknowledge PRIOR TO CDB. 14. Ramp to be designed to HS-20 specifications. Please acknowledge PRIOR TO CDB. Harbor Master: 1 . No issues. Legal: I . No issues. Land Resources: 1 . No Issues. Landscaping: I , The plan indicates 200 annuals in the table on sheet L-2 where there appear to be three areas of 200, or 600 total plants. Revise to reflect correct number. 2. The plans indicate 5 "AC" to the north of the pool on sheet L-2 where there are two groups of 5 depicted, or ten total plants. Revise drawing and table to reflect. Parks and Recreation: I , To be able to determine whether the Open Space Dedication requriement applies to this project additional building coverage information needs to be noted in the site data table. The recreation impact fees will apply on this project and needs to be addressed prior to building permit or plat whichever comes first. Contact Art Kader at 727-562-4824 Stormwater: I , Prior to issuance of a building permit the following conditions are to be met: 1) SWFWMD approval or exemption must be obtained 2) 50 foot of adjacent topo to be shown on drainage plan 3) All existing storm lines that originated from the old Holiday Inn parking lot are to be completely removed on site and off site. Solid Waste: I . That dumpster service be arranged with the Solid Waste Department prior to the issuance of an occupational license or certificate of occupancy. Please contact Tom Glenn - 727-562-4930 All Dumpsters and recycyling carts are to be rolled to staging areas by on site maintenance personel Traffic Engineering: Development Review Agenda - Thursday, March 3, 2005 - Page 41 1. Suggest relocating accessible aisle for handicap parking spacethe northwest corner on the second floor. 2. Accessible route must be located where the user will not be compelled to walk or wheel behind any parked vehicles. (Florida Accessibility Code, Section 114.6.2.) 3. Correct line types on drawing of the handicap sign detail. 4. Walls must not impede motorists line of sight when backing out from parking stall (Community Development Code Section 3-1402 A). 5. Is the second floor a one-way flow? If so, install signs and markings to better inform motorists of direction of flow/travel. If not, provide demonstration that turning vehicles will not encroach into oncoming lanes. 6. All parking spaces may be either 19' long typical or 20' long typical not both. 7. Driveway radius must meet the Fire Department's approval. 8. Show 20'x 20' sight distance triangles at all driveways. See eastern driveway and egress leg of western drieway on Page 4 of 12. The triangles are measured from the property line and objects within the sight distance triangles must not exceed 30" in height from the pavement. (Community Development Code Section 3-904) 9. At western driveway, distance from face of gate arm to the back edge of sidewalk must be 40 ft. 10. What type of access is planned for the eastern driveway? If ingress is anticipated, stacking distance must be provided between gate and back of sidewalk. All of the above to be addressed prior to CDB. Planning: 1) General note: Transportation Impact Fees to be determined and paid prior to C.O. Development Review Agenda - Thursday, March 3, 2005 - Page 42 Is there a reason f• the existing development, which is proposed to be totally removed, shown on Sheet 7/12? Makes it confusing and difficult to read. This wasn't depicted on Sheet 4/12 the same way. 2. Unclear why existing structures along the water are ghosted in on Sheets 4-5/12 and Sheets 7-9/12 (?). If they are to be removed, much like all other existing improvements, provide a demolition plan. 3 . Dimension the width of the drive aisle parallel with S. Gulfview & Gulf Blvds., driveways and interior landscape islands. 4. Provide dimension from front property line to security guard house. 5 . Provide the dimension from the east property line to the emergency vehicle turnaround. 6. Indicate the surface material of the emergency vehicle turnaround. 7. Revise Sheet 4/12 to indicate the emergency access on the west side. 8. Trash room on southwest corner of western building - doors to the outside go into grass (?). 9. Provide sight triangles at the eastern driveway. 10. How will vehicles enter/exit the eastern driveway with a fence/wall across it? 11 . Provide detail of proposed aluminum fencing with CMU columns to match architecture (stated on Sheet L-1). Indicate height. 12. Indicate on Sheet 4/12 the proposed fence with columns, and sliding gate, along S. Gulfview Blvd. and Gulf Blvd. 13. Provide a means via sidewalk for guests to access the entrances from guest parking. 14. Provide dimensions from the seawall to the proposed buildings, the width of the boardwalk, width of sidewalks, etc. 15 . Indicate on Sheet 4/12 the proposed sign location(s) (see Sheet L-1), with proposed/required setback. 16. Sheet 2/13 of architectural plans - what are all these storage units facing the water and pool? Are these rather cabanas for the residents? If so, these units must meet Building and FEMA Codes for what can be within them - no refrigerators, etc.). 17. Unclear why a Comprehensive Landscape Program has been submitted? Advise. 18 . Depict by shading or crosshatching of all required parking lot interior landscaped areas. 19. Curb all landscape areas (interior and terminal islands). 20. Provide an irrigation plan. 21 . Revise the Land Use Data Table on Sheet 1/12 to provide the square footage and acreage for the upland area (area above the seawall) zoned Tourist District and the square footage and acreage for the beach area (area below the seawall) zoned Open Space/Recreation District. 22. Provide the proposed density calculation for the project based on the land area zoned Tourist District. 23 . Provide the height of the Sea Wake Motel adjacent to the west. 24. Provide documentation that the proposal complies with all Transfer of Development Rights regarding additional height of Section 4-1403.C. 25 . Condition to be included in Staff Report: That a special warranty deed, specifying the number of dwelling units being conveyed or sold from 41 Devon Drive and the Sandpearl project and being transferred to this site, be recorded prior to the issuance of any permits for this project. The special warranty deed shall also contain a covenant restricting in perpetuity the use of all platted lots at 41 Devon Drive and the Sandpearl project due to the transfer of development rights. Any mortgage holder of the sending site (41 Devon Drive and the Sandpearl project) shall consent to the transfer of development rights prior to the issuance of any permits. 26. Condition to be included in Staff Report: That the final design and color of the building be consistent with the conceptual elevations submitted to, or as modified by, the CDB. 27. Condition to be included in Staff Report: That all proposed utilities (from the right-of-way to the proposed building) be placed underground. Conduits for the future undergrounding of existing utilities within the abutting right-of-way shall be installed along the entire site's street frontages prior to the issuance of a Certificate of Occupancy. The applicant's representative shall coordinate the size and number of conduits with all affected utility providers (electric, phone, cable, etc.), with the exact location, size and number of conduits to be approved by the applicant's engineer and the City's Engineering Department prior to the commencement of work. 28 . Condition to be included in Staff Report: That any future freestanding sign be a monument-style sign a maximum four feet in height (unless a six-foot height is otherwise approved through the Comprehensive Sign Program) and designed to match the exterior materials and color of the building. 29. Condition to be included in Staff Report: That a condominium plat be recorded prior to the issuance of the first Certificate of Occupancy. Development Review Agenda - Thursday, March 3, 2005 - Page 43 0 9 30. Condition to be included in Staff Report: That all applicable requirements of Chapter 39 of the Building Code be met related to seawall setbacks. 31 . Condition to be included in Staff Report: That all Fire Department requirements be met prior to the issuance of any permits. 32 . Condition to be included in Staff Report: That all Parks and Recreation fees be paid prior to the issuance of any permits. 33 . Since the Termination of Status of Nonconformity is being based on 2.383 acres, ensure that the overall density is in conformance with only that zoned Tourist District. 34. Condition to be included in the Staff Report: That the applicant have two years after the issuance of a building permit in which to obtain a final Certificate of Occupancy. 35 . Based on the Density Table submitted attached to a letter from Ed Armstrong on February 11, 2005, it is indicated that a total of 151 units are available for this site, versus only 149 to be developed. Since some of these units are being transferred to this site through TDR, the total number of available units and the number of units to be developed should be the same. Reduce from three units to one unit being transferred from the Sandpearl project. 36. Unclear why this property is being platted (submission of a Preliminary Plat). This will be a condominium, where a recorded condominium plat will be required to be submitted prior to the issuance of the first Certificate of Occupancy. Rather than platting the property, submit a recorded Unity of Title tying all lands together as one parcel for development purposes. Advise. 37 . Sheet 2/13 (architectural) indicates a total of 278 parking spaces. This is the number I count. Revise Sheet 1/12 (civil) from 285 to 278 spaces provided. 38. Revise Sheet 2/13 (architectural) for the required basis for parking from 1.8 parking spaces per unit to 1.5 spaces per unit and the required number of parking spaces from 270 to 224 spaces (to be consistent with that stated on Sheet 1/12 [civil]). 39. Revise Sheets 4/12, 7/12 and 9/12 (civil) to eliminate walls blocking access to the eastern parking garage entry. 40. Level 2 parking - eliminate the one (bare) parking space on the east end adjacent to the generator room, as it must back out blind into the main drive aisle. 41 . Sheet 3/13 - What are rooms "E" at both towers (electrical)? 42. Based on revised information regarding unit tabulation on Sheet 4/13, revise Sheet 1/12 (civil) for unit tabulation. Separate per building, since there is an unequal amount. 43 . Revise Unit Tabulation on Sheet 4/13 to indicate in Tower 1 Levels 10-15 (not 9-15). 44. Unit Tabulation on Sheet 4/13 and as indicated on floor plans for Levels 2-15 don't add up to 149 (add up to 150). Revise the Unit Tabulation on Sheet 4/13 appropriately to accurately indicate the number of unit types per floor per tower. Also revise the floor plans for Levels 2-15 appropriately to concur with the unit tabulation so that the total number of units= 149. 45. Indicate on architectural sheets Tower 1 and Tower 2. 46. Indicate location of mechanical equipment. If on roof, indicate such. 47. Based on the roof plan (sheet 7/13) and the building elevations (Sheets 10-13/13), what are the octagonal rooms on either end of the building on the roofs to be used for? 48. Unclear why the elevator/stair towers must be 21 feet high (to the top of the pitched roof) rather than meeting the Code provided maximum of 16 feet? Provide full justification. 49. Not able to coordinate floor plan window locations with elevation depictions for elevator/stair towers (for northern elevation), specifically small windows in stairs that shows up on Floor 15 and the roof, but not down the rest of the building. 50. Per Beach by Design, "when a parking garage abuts a public road or other public place, it will be designed such that the function of the building is not readily apparent except at points of ingress and egress." Parking garage as seen from the north elevation is a massive, stark, blank and bland wall. Any way to dress this up to meet Beach by Design but avoid the blandness and starkness of a blank wall? 51 . Revise Sheet 1/12 for the Density Table to reflect current request attached to the February 11, 2005, letter from Ed Armstrong, including Termination, to detail out the density calculation (see other comment regarding number of units being transferred from Sandpearl project). Also revise "overview of proposed redevelopment" in booklet. Also revise the "denisty/transfer of density" in the booklet. 52. Revise the Transfer of Development Rights application as it relates to 41 Devon Drive, as Staff can only verify 20 existing overnight accommodation units (not 23 units). Also - as it is stated that 41 Devon Drive is 0.38 acre, this translates to 11 dwelling units allocated to this site (at 30 du/acre) (?). Development Review Agenda - Thursday, March 3, 2005 - Page 44 53 . Provide an accounting of all units per the Gray Settlement, as they have been allocated/parceled out to each development, so that I can see how the numbers are adding up and where there is a balance. Note: per the approval for the Sandpearl project, any unused density pool units are to be returned to the City. Other: No Comments Notes: To be placed on the 4/19/05 CDB agenda, submit 15 collated copies of the revised plans & application material addressing all above departments' comments by noon, 3/10/05. Packets shall be collated, folded and stapled as appropriate. Development Review Agenda - Thursday, March 3, 2005 - Page 45 3:15 pm Case Number: PLT2005-00002 -- 715 S GULFVIEW BLVD Owner(s): Sunspree Green Llc 50 N Water St South Norwalk, Ct 06854 TELEPHONE: No Phone, FAX: No Fax, E-MAIL: No Email Representative: E. D. Armstrong Iii, Esquire Po Box 1368 Clearwater, F133757 TELEPHONE: 727-461-1818, FAX: 727-441-8617, E-MAIL: ed@jpfirm.com Location: 5.31 ACRES LOCATED AT THE SOUTHWEST CORNER OF SOUTH GULFVIEW BOULEVARD AND GULF BOULEVARD Atlas Page: 285A Zoning District: T, Tourist Request: Preliminary Plat Proposed Use: Attached dwellings Neighborhood Clearwater Neighborhoods Coalition Association(s): Clearwater, Fl 33761 2544 Frisco Drive TELEPHONE: 727-725-3345, FAX: No Fax, E-MAIL: Djw@gte.net Neighborhood Clearwater Beach Association Association(s): Clearwater, F133767 827 Mandalay Ave TELEPHONE: 727-446-5801, FAX: No Fax, E-MAIL: dmacnav@att.net Presenter: Wayne Wells, Planner III Attendees Included: CITY STAFF: WAYNE WELLS, MARK PARRY, SCOTT RICE, ANN BLACKBURN APPLICANT/REP: ED ARMSTRONG, JAYNE SEARS, The DRC reviewed this application with the following comments: General Engineering: No Comments Environmental: No Comments Fire: No Comments Harbor Master: No Comments Legal: No Comments Land Resources: No Comments Landscaping: No Comments Parks and Recreation: No Comments Stormwater: No Comments Solid Waste: No Comments Traffic Engineering: No Comments Planning: No Comments Other: No Comments Notes: Development Review Agenda - Thursday, March 3, 2005 - Page 46 3:15 pm Case Number: FLD2005-01 6 -- 715 S GULFVIEW BLVD Owner(s): Sunspree Green Llc 50 N Water St South Norwalk, Ct 06854 TELEPHONE: No Phone, FAX: Applicant Sunspree Green, Llc 50 N Waters Street South Norwalk, Ct 06854 TELEPHONE: 203-354-5030, Representative: E. D. Armstrong Iii, Esquire No Fax, E-MAIL: No Email FAX: 203-354-5060, E-MAIL: No Email I?Mfq 361609 ORc CAW44r*141 Po Box 1368 Clearwater, F133757 TELEPHONE: 727-461-1818, FAX: 727-441-8617, E-MAIL: ed@jpfirm.com Location: 5.313 total acres (4.383 acres zoned Tourist District; 0.93 acres zoned Open Space/Recreation District) located at the southwest corner of South Gulfview Boulevard and Gulf Boulevard. Atlas Page: 285A Zoning District: T, Tourist Request: (1) Termination of Status of Nonconformity; (2) Flexible Development approval to permit attached dwellings with reductions to the front (north along S. Gulfview Blvd.) from 15 feet to xx feet (to security guard house) and from 15 feet to 6.42 feet (to pavement), a reduction to the front (east along Gulf Blvd.) from 15 feet to xx feet (to pavement), a reduction to the side (west) setback from 10 feet to 4.29 feet (to pavement), a reduction to the side (south) setback from 10 feet to zero feet (to boardwalk), an increase to building height from 35 feet to 150 feet (to roof deck) with an additional 11 - 21 feet for decorative mansard architectural embellishments, as a Comprehensive Infill Redevelopment Project, under the provisions of Section 2-803.C; (3) Transfer of Development Rights of 14 units from 41 Devon Drive and three units from the Sandpearl project, under the provisions of Section 4-1402 (TDR2005-01017); and (3) Preliminary Plat for one lot (PLT2005-00002). Proposed Use: Attached dwellings Neighborhood Clearwater Neighborhoods Coalition Association(s): Clearwater, F133761 2544 Frisco Drive TELEPHONE: 727-725-3345, FAX: No Fax, E-MAIL: Djw@gte.net Neighborhood Clearwater Beach Association Association(s): Clearwater, Fl 33767 100 Devon Dr TELEPHONE: 443-2168, FAX: No Fax, E-MAIL: papamurphy@aol.com Neighborhood Clearwater Point 1 Beach House 16 Association(s): Clearwater, F133767 845 Bayway Blvd TELEPHONE: 535-2424, FAX: No Fax, E-MAIL: No Email Neighborhood Clearwater Point 3 Marina House 17 Association(s): Clearwater, F133767 868 Bayway Blvd #212 TELEPHONE: No Phone, FAX: No Fax, E-MAIL: No Email Neighborhood Clearwater Point 4 Island House 1 Association(s): Clearwater, FI 33767 895 S Gulfview Blvd TELEPHONE: 530-4517, FAX: No Fax, E-MAIL: No Email Neighborhood Clearwater Point 5 Admiral House 19 Association(s): Clearwater, F133767 825 S Gulfview Blvd #104 TELEPHONE: 447-0290, FAX: No Fax, E-MAIL: No Email Neighborhood Clearwater Point 7 Inc, Yacht House Association(s): Clearwater, Fl 33767 851 Bayway Blvd TELEPHONE: 727-441-8212, FAX: No Fax, E-MAIL: cpoint7@knology.net Neighborhood Clearwater Point 8 Shipmaster, Sail Association(s): Clearwater, F133767 800 S Gulfview Blvd TELEPHONE: 727-442-0664, FAX: No Fax, E-MAIL: clwpt8@tampabay.rr.com Development Review Agenda - Thursday, March 3, 2005 - Page 39 } ! t Presenter: Wayne Wells, P anner III Attendees Included: City Staff. Wayne Wells, Mark Parry, Scott Rice, Ann Blackburn, Rick Albee Applicant/Rep: Ed Armstrong, Jayne Sears, The DRC reviewed this application with the following comments: General Engineering: 1 , 1) Fire and domestic water line tap locations should either be closer to the proposed fire hydrants and connections to building or designed such that the water service loops through the property to prevent stagnation. 2) Fire hydrants shall be directly connected to City water line with flow unrestricted by a backflow prevention device. 3) Western trash staging area will be difficult to access with solid waste vehicles. Trash pickup location is subject to review and approval of the Solid Waste Department. Contact Tom Glenn at 727.562.4930. 4) Bring all substandard sidewalks and sidewalk ramps adjacent to or part of the project up to standard including A.D.A. All of the above to be addressed prior to CDB. The following to be addressed prior to building permit: 1) A separate right-of-way permit is required for the brick paver driveway. Contact Don Melone (727.562.4798) for permit information. 2) Concrete driveway apron constructed within the right-of-way shall be a minimum 6" thick 3,000 psi fibermesh concrete with 6"x 6" /10x10 welded wire mesh. 3) Ductile iron pipe must be installed between any tap and water meter. Ductile iron pipe must be installed between any tap and backflow preventor device. At least one joint of ductile iron pipe shall be installed on the service side of any backflow preventor device. General Note: DRC review is a prerequisite for Building Permit Review, additional comments may be forthcoming upon submittal of a Building Permit Application. Environmental: I . Please submit sea turtle friendly lighting design and installation details prior to building permit. (Community Development Code Section 3-1302-D and City Or. No. 6928-02) Fire: Development Review Agenda - Thursday, March 3, 2005 - Page 40 I . This DRC Rev#bby Fire is not an approval or review of any consi action plans or documents other than site work. 2. Show minimum 28 foot turning radii for ingress and egress for emergency vehicles. Please acknowledge PRIOR TO CDB. 3. Where underground water mains and hydrants are to be installed, they shall be installed, completed, and in service prior to construction as per NFPA-241. Please acknowledge PRIOR TO CDB. 4. Where is the water supply to protect the back side of the building? The closest hydrant shown on plans exceeds 300 feet from the most remote point of the building. Provide a fire hydrant within 300 feet of the most remote point of the building. Please acknowledge PRIOR TO CDB. 5 . Fire hydrant(s) must be on separate, unrestricted line(s). Hydrants shown on the plan are on restricted lines. Please acknowledge PRIOR TO CDB. 6. Grate inlets shown in drive aisles must meet requirements for 80,000 lb fire truck. (HS 20 Bridge design). Please acknowledge PRIOR TO CDB. 7. Provide 24 ft roadway/drive aisle for emergency vehicle access. Please acknowledge PRIOR TO CDB. 8 . Provide 20 ft wide ingress and egress each side of divided drive on north exit/entrance to property. Please acknowledge PRIOR TO CDB. 9. Please provide a copy of the agreement for the use of the land to be used for the emergency vehicle turn-around PRIOR TO CDB. 10. Install a gate type lock box as per County Ordinance No. 98-4 for emergecy vehicle access. Applications for lock boxes are available at the Life safety building of Clearwater Fire and Rescue, 600 Franklin St., Clearwater. Please acknowledge PRIOR TO CDB. 11 . The vault located under the ramp must be designed to HS-20 specifications. Please acknowledge PRIOR TO CDB. 12, The ramp over the vault must be designed to HS-20 specifications. Please acknowledge PRIOR TO CDB. 13, Vault under ramp to be designed to HS-20 specifications. Please acknowledge PRIOR TO CDB. 14. Ramp to be designed to HS-20 specifications. Please acknowledge PRIOR TO CDB. Harbor Master: 1 . No issues. Legal: 1 , No issues. Land Resources: 1 . No Issues. Landscaping: 1 , The plan indicates 200 annuals in the table on sheet L-2 where there appear to be three areas of 200, or 600 total plants. Revise to reflect correct number. 2. The plans indicate 5 "AC" to the north of the pool on sheet L-2 where there are two groups of 5 depicted, or ten total plants. Revise drawing and table to reflect. Parks and Recreation: 1 . To be able to determine whether the Open Space Dedication requriement applies to this project additional building coverage information needs to be noted in the site data table. The recreation impact fees will apply on this project and needs to be addressed prior to building permit or plat whichever comes first. Contact Art Kader at 727-562-4824 Stormwater: 1 . Prior to issuance of a building permit the following conditions are to be met: 1) SWFWMD approval or exemption must be obtained 2) 50 foot of adjacent topo to be shown on drainage plan 3) All existing storm lines that originated from the old Holiday Inn parking-lot are to be completely removed on site and off site. Solid Waste: I , That dumpster service be arranged with the Solid Waste Department prior to the issuance of an occupational license or certificate of occupancy. Please contact Tom Glenn - 727-562-4930 All Dumpsters and recycyling carts are to be rolled to staging areas by on site maintenance personel Traffic Engineering: Development Review Agenda - Thursday, March 3, 2005 - Page 41 1. Suggest relocating accessible aisle for handicap parking space on the northwest corner on the second floor. 2. Accessible route must be located where the user will not be compelled to walk or wheel behind any parked vehicles. (Florida Accessibility Code, Section 11-4.6.2.) 3. Correct line types on drawing of the handicap sign detail. 4. Walls must not impede motorists line of sight when backing out from parking stall (Community Development Code Section 3-1402 A). 5. Is the second floor a one-way flow? If so, install signs and markings to better inform motorists of direction of flow/travel. If not, provide demonstration that turning vehicles will not encroach into oncoming lanes. 6. All parking spaces may be either 19' long typical or 20' long typical not both. 7. Driveway radius must meet the Fire Department's approval. 8. Show 20' x 20' sight distance triangles at all driveways. See eastern driveway and egress leg of western drieway on Page 4 of 12. The triangles are measured from the property line and objects within the sight distance triangles must not exceed 30" in height from the pavement. (Community Development Code Section 3-904) 9. At western driveway, distance from face of gate arm to the back edge of sidewalk must be 40 ft. 10. What type of access is planned for the eastern driveway? If ingress is anticipated, stacking distance must be provided between gate and back of sidewalk. All of the above to be addressed prior to CDB. Planning: 1) General note: Transportation Impact Fees to be determined and paid prior to C.O. Development Review Agenda - Thursday, March 3, 2005 - Page 42 1. Dimension the width of the drive aisle parallel with S. Gulfview 8i Gulf Blvds., driveways and interior landscape islands. 2. Provide a means via sidewalk for guests to access the entrances from guest parking. 3. Provide sight triangles at the eastern driveway. 4. How will vehicles enter/exit the eastern driveway with a fence/wall across it? 5. Curb all landscaped areas. 6. Is there a reason for the existing development, which is proposed to be totally removed, shown on Sheet 7/12? Makes it confusing and difficult to read. This wasn't depicted on Sheet 4/12 the same way. 7. Depict by shading or crosshatching of all required parking lot interior landscaped areas. 8. Provide an irrigation plan. 9. Unclear why a Comprehensive Landscape Program has been submitted? Advise. 10. Indicate on Sheet 4/12 the proposed sign location(s) (see Sheet L-1), with proposed/required setback. 11. Provide detail of proposed aluminum fencing with CMU columns to match architecture (stated on Sheet L-1). Indicate height. 12. Provide dimension from front property line to security guard house. 13. Provide the dimension from the east property line to the emergency vehicle turnaround. 14. Indicate the surface material of the emergency vehicle turnaround. 15. Unclear why existing structures along the water are ghosted in on Sheets 4-5/12 and Sheets 7-9/12 (?). If they are to be removed, much like all other existing improvements, provide a demolition plan. 16. Indicate on Sheet 4/12 the proposed fence with columns, and sliding gate, along S. Gulfview Blvd. and Gulf Blvd. 17. Curb all landscape areas (interior and terminal islands). 18. Sheet 2/13 of architectural plans - what are all these storage units facing the water and pool? Are these rather cabanas for the residents? If so, these units must meet Building and FEMA Codes for what can be within them - no refrigerators, etc.). 19. Revise Sheet 4/12 to indicate the emergency access on the west side. 20. Trash room on southwest corner of western building - doors to the outside go into grass (?). 21. Provide dimensions from the seawall to the proposed buildings, the width of the boardwalk, width of sidewalks, etc. 22. Condition to be included in Staff Report: That a condominium plat be recorded prior to the issuance of the first Certificate of Occupancy. 23. Condition to be included in Staff Report: That a special warranty deed, specifying the number of dwelling units being conveyed or sold from 41 Devon Drive and the Sandpearl project and being transferred to this site, be recorded prior to the issuance of any permits for this project. The special warranty deed shall also contain a covenant restricting in perpetuity the use of all platted lots at 41 Devon Drive and the Sandpearl project due to the transfer of development rights. Any mortgage holder of the sending site (41 Devon Drive and the Sandpearl project) shall consent to the transfer of development rights prior to the issuance of any permits. 24. Condition to be included in Staff Report: That the final design and color of the building be consistent with the conceptual elevations submitted to, or as modified by, the CDB. 25. Condition to be included in Staff Report: That all applicable requirements of Chapter 39 of the Building Code be met related to seawall setbacks. 26. Condition to be included in Staff Report: That all proposed utilities (from the right-of-way to the proposed building) be placed underground. Conduits for the future undergrounding of existing utilities within the abutting right-of-way shall be installed along the entire site's street frontages prior to the issuance of a Certificate of Occupancy. The applicant's representative shall coordinate the size and number of conduits with all affected utility providers (electric, phone, cable, etc.), with the exact location, size and number of conduits to be approved by the applicant's engineer and the City's Engineering Department prior to the commencement of work. 27. Condition to be included in Staff Report: That all Fire Department requirements be met prior to the issuance of any permits. 28. Condition to be included in Staff Report: That all Parks and Recreation fees be paid prior to the issuance of any permits. 29. Revise the Land Use Data Table on Sheet 1/12 to provide the square footage and acreage for the upland area (area above the seawall) zoned Tourist District and the square footage and acreage for the beach area (area below the seawall) zoned Open Space/Recreation District. 30. Provide the proposed density calculation for the project based on the land area zoned Tourist District. Development Review Agenda - Thursday, March 3, 2005 - Page 43 } 31. Provide the heig t of the Sea Wake Motel adjacent to the west 32. Provide documentation that the proposal complies with all Transfer of Development Rights regarding additional height of Section 4-1403.C. 33. Condition to be included in Staff Report: That any future freestanding sign be a monument-style sign a maximum four feet in height (unless otherwise approved through the Comprehensive Sign Program) and designed to match the exterior materials and color of the building. Other: No Comments Notes: To be placed on the 4/19/05 CDB agenda, submit 15 collated copies of the revised plans & application material addressing all above departments' comments by noon, 3/10/05. Packets shall be collated, folded and stapled as appropriate. Development Review Agenda - Thursday, March 3, 2005 - Page 44 3.15 pm Case Number: PLT2005-002 -- 715 S GULFVIEW BLVD Owner(s): Sunspree Green Llc 50 N Water St South Norwalk, Ct 06854 TELEPHONE: No Phone, FAX: No Fax, E-MAIL: No Email Representative: E. D. Armstrong Iii, Esquire Po Box 1368 Clearwater, F133757 TELEPHONE: 727-461-1818, FAX: 727-441-8617, E-MAIL: ed@jpfirm.com Location: 5.31 ACRES LOCATED AT THE SOUTHWEST CORNER OF SOUTH GULFVIEW BOULEVARD AND GULF BOULEVARD Atlas Page: 285A Zoning District: T, Tourist Request: Preliminary Plat Proposed Use: Attached dwellings Neighborhood Clearwater Neighborhoods Coalition Association(s): Clearwater, F133761 2544 Frisco Drive TELEPHONE: 727-725-3345, FAX: No Fax, E-MAIL: Djw@gte.net Neighborhood Clearwater Beach Association Association(s): Clearwater, F133767 827 Mandalay Ave TELEPHONE: 727-446-5801, FAX: No Fax, E-MAIL: dmacnav@att.net Presenter: Wayne Wells, Planner III Attendees Included: CITY STAFF: WAYNE WELLS, MARK PARRY, SCOTT RICE, ANN BLACKBURN APPLICANT/REP: ED ARMSTRONG, JAYNE SEARS, The DRC reviewed this application with the following comments: General Engineering: No Comments Environmental: No Comments Fire: No Comments Harbor Master: No Comments Legal: No Comments Land Resources: No Comments Landscaping: No Comments Parks and Recreation: No Comments Stormwater: No Comments Solid Waste: No Comments Traffic Engineering: No Comments Planning: No Comments Other: No Comments Notes: Development Review Agenda - Thursday, March 3, 2005 - Page 45 Sufficiency comments for Sunspree Condominiums - 715 S. Gulfview Blvd. 1. Dimension the width of the drive aisle parallel with S. Gulfview & Gulf Blvds., driveways and interior landscape islands. 2. Provide a means via sidewalk for guests to access the entrances from guest parking. 3. Provide sight triangles at the eastern driveway. 4. How will vehicles enter/exit the eastern driveway with a fence/wall across it? 5. Curb all landscaped areas. 6. Is there a reason for the existing development, which is proposed to be totally removed, shown on Sheet 7/12? Makes it confusing and difficult to read. This wasn't depicted on Sheet 4/12 the same way. 7. Depict by shading or crosshatching of all required parking lot interior landscaped areas. 8. Provide an irrigation plan. 9. Unclear why a Comprehensive Landscape Program has been submitted? Advise. 10. Indicate on Sheet 4/12 the proposed sign location(s) (see Sheet L-1), with proposed/required setback. 11. Provide detail of proposed aluminum fencing with CMU columns to match architecture (stated on Sheet L-1). Indicate height. 12. Provide dimension from front property line to security guard house. 13. Provide the dimension from the east property line to the emergency vehicle turnaround. 14. Indicate the surface material of the emergency vehicle turnaround. 15. Unclear why existing structures along the water are ghosted in on Sheets 4- 5/12 and Sheets 7-9/12 (?). If they are to be removed, much like all other existing improvements, provide a demolition plan. 16. Indicate on Sheet 4/12 the proposed fence with columns, and sliding gate, along S. Gulfview Blvd. and Gulf Blvd. 17. Curb all landscape areas (interior and terminal islands). 18. Sheet 2/13 of architectural plans - what are all these storage units facing the water and pool? Are these rather cabanas for the residents? If so, these units must meet Building and FEMA Codes for what can be within them - no refrigerators, etc.). 19. Revise Sheet 4/12 to indicate the emergency access on the west side. 20. Trash room on southwest corner of western building - doors to the outside go into grass (?). 21. Provide dimensions from the seawall to the proposed buildings, the width of the boardwalk, width of sidewalks, etc. 22. Condition to be included in Staff Report: That a condominium plat be recorded prior to the issuance of the first Certificate of Occupancy. 23. Condition to be included in Staff Report: That a special warranty deed, specifying the number of dwelling units being conveyed or sold from 41 Devon Drive and the Sandpearl project and being transferred to this site, be recorded prior to the issuance of any permits for this project. The special 0 0 warranty deed shall also contain a covenant restricting in perpetuity the use of all platted lots at 41 Devon Drive and the Sandpearl project due to the transfer of development rights. Any mortgage holder of the sending site (41 Devon Drive and the Sandpeari project) shall consent to the transfer of development rights prior to the issuance of any permits. 24. Condition to be included in Staff Report: That the final design and color of the building be consistent with the conceptual elevations submitted to, or as modified by, the CDB. 25. Condition to be included in Staff Report: That all applicable requirements of Chapter 39 of the Building Code be met related to seawall setbacks. 26. Condition to be included in Staff Report: That all proposed utilities (from the right-of-way to the proposed building) be placed underground. Conduits for the future undergrounding of existing utilities within the abutting right-of-way shall be installed along the entire site's street frontages prior to the issuance of a Certificate of Occupancy. The applicant's representative shall coordinate the size and number of conduits with all affected utility providers (electric, phone, cable, etc.), with the exact location, size and number of conduits to be approved by the applicant's engineer and the City's Engineering Department prior to the commencement of work. 27. Condition to be included in Staff Report: That all Fire Department requirements be met prior to the issuance of any permits. 28. Condition to be included in Staff Report: That all Parks and Recreation fees be paid prior to the issuance of any permits. 29. Revise the Land Use Data Table on Sheet 1/12 to provide the square footage and acreage for the upland area (area above the seawall) zoned Tourist District and the square footage and acreage for the beach area (area below the seawall) zoned Open Space/Recreation District. 30. Provide the proposed density calculation for the project based on the land area zoned Tourist District. 31. Provide the height of the Sea Wake Motel adjacent to the west. 32. Provide documentation that the proposal complies with all Beach by Design Design Guidelines, but specifically B.2 on Page 57 and E3 on Page 59. Provide documentation and calculations as to height of the adjacent building to the west (Sea Wake Motel), the distance between that building and the westernmost proposed building, the 500 or 800-foot linear distance, the open to solid calculation (if required) and floor plate calculations. Additionally, provide documentation as to the relationship to the number of units above the 100-foot building height and the number of dwelling units being transferred to this site through the Transfer of Development Rights application. *essage Page 1 of 2 Wells, Wayne From: Jayne E. Sears [JayneS@jpfirm.com] Sent: Monday, February 28, 2005 11:50 AM To: Wells, Wayne Subject: RE: FLD 2005-01015 - 41 Devon Drive will do. Thanks. -----Original Message----- From: Wayne.Wells@myClearwater.com [mailto:Wayne.Wells@myClearwater.com] Sent: Monday, February 28, 2005 11:49 AM To: Jayne E. Sears Subject: RE: FLD 2005-01015 - 41 Devon Drive You can do that at time of resubmittal going toward the CDB. -----Original Message----- From: Jayne E. Sears [mailto:JayneS@jpfirm.com] Sent: Monday, February 28, 2005 11:25 AM To: Wells, Wayne Cc: Ed Armstrong Subject: RE: FLD 2005-01015 - 41 Devon Drive Yes, you are right. I shouldn't have shown the above case number. It's actually the TDR app./41 Devon Drive that I need to revise to show the new owner and I will be sure to do that. Thanks. -----Original Message----- From: Wayne.Wells@myClearwater.com [mailto:Wayne.Wells@myClearwater.com] Sent: Monday, February 28, 2005 11:04 AM To: Jayne E. Sears Subject: RE: FLD 2005-01015 - 41 Devon Drive Jayne - Per the February 11, 2005, letter for 715 S. Gulfview Blvd. from Ed Armstrong, the request for 41 Devon Drive has been withdrawn, as the purpose of the FLD request cannot occur per Code provisions. So.... we are going to refund the application fee. Also, the "owners" will do the TDR from 41 Devon Drive to 715 S. Gulfview Blvd. (already requested), tear down the building and transfer title to the City. So...you can disregard any comments for the 41 Devon Drive request. Sound okay?? Wayne -----Original Message----- From: Jayne E. Sears [mailto:JayneS@jpfirm.com] Sent: Monday, February 28, 2005 10:41 AM To: Wells, Wayne Cc: Ed Armstrong Subject: FLD 2005-01015 - 41 Devon Drive Wayne, thanks for getting me the comments on the various cases. Regarding the referenced case, the ownership has changed since we submitted the application. Our client closed on the property last week. I was planning to submit a revised application form, with new owner's signature, and affidavit of owner re no prior 2/28/2005 ,,Message Page 2 of 2 transfer of development rights with our resubmittal. Is that acceptable to you? 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 2/28/2005 9 01 Wells, Wayne From: Jayne E. Sears [JayneS@jpfirm.com] Sent: Friday, February 11, 2005 6:02 PM To: Tarapani, Cyndi; Wells, Wayne Cc: Ed Armstrong; Ken Eckelkamp; dmack@damproperties.com; Octavio Cabrera Subject: [BULK] 715 South Gulfview - FLD2005-01016 Importance: Low 44{t Sunspree.pdf Cyndi and Wayne, as you know, the attached letter and accompanying revised density table, applications and Sheet 1 of site plan, were dropped off to you this afternoon. As I discussed with Wayne by phone and Sherry Watkins in person, due to the fact that the submittal packages have already been distributed to the various reviewers, it was not possible for me to re-collate the packages and substitute pages. The density table that is attached replaces the density table in the bound notebook. If you need more assistance from our office related to the distribution of the revised applications or require additional documents, please communicate directly with Ed Armstrong since I will be out of the office until February 21. Thank you. 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 <<Sunspree.pdf>> 1 e tit - • 0 ip iP OF i WARD NO PARALLEL SAIL FOR ENT AS RB 5776, 23(02) S/RI.T-OFD 8} i ( I ? n ( ' ^ y N / rj Nl POB(01) N ' DRAINAGE EASEMENT / (ORB 3207, PG 205) POB(D3) / LOT 2(02) ? I •2ti.?? .? N /N. so' ?_ _ ` e `o. CEN EEMENT_.._. y? -- FOR PARKING(D3) - 1 (SEE EASEMENTS/ RIGHT-OF-WAY 10) 1r i ( I a j / o / 60 I i I I S LINE LOT 2, BLK D C3 NEXCLUSIVE ' BEACH AND DTEC71VE BEACH , PG 123(D2) T-OF-WAY 8) FIR 5/C y DRAINAGE EASEMENT' 0.55'IW'E (ORB 3207, PG 205) w N SIR SE 1) 2 2 70, R/w(p) CDR OT (D ) SN&D FIR 5/8" N/C 0.53'N, 0.15'E o \q FIR 5/8" N/C 0.55'N, 0.14'E h S LINE PB 58, PG 12(D3) W R/W LINE CLEARWATER PASS AVENUE(L) .ND XCLUSIVE --.. BEACH AND ECTIVE BEACH IG 123(D2) .OF-WAY 8) SAND BEACH SIR TBM 1159-12-1 SET BOX CUT ON CONC SEA WALL CAP EL = 5.82' (NGVD 29) NCR / ?9?S?C 3 r / r LL 'IN O 4 Q ?? mo J ? ?O O Q R/W BY ORB 8480, PC 394 Z ;/rte j / / J Q (SEE DATA SOURCES 5) c7 1.56' " I? co % TBM 1159-13-1 SET BOX CUT ON CONC BRIDGE PIER TBM 1159- - SET BOX CUT ON CONC BRIDGE PIER EL = 4.50' (NGVD 29) f2A EL = 4.45' (NGVD 29) LANOREIGM SU ORB S EASEM BN MERGED 87 / (SEE pATq 3OUR CE35R 5) / 13 2 V 90 R/W(p) / f UFI/.tdSE AGREEMENT'. r? FOR PARKING(D3) M• bbd' (SEE EASEMENTS/ / O ?! N % RIGHT-OF-WAY 10) , cyr J /"-. ' /f/'// f , %/ SHEET INDEX, JOB NUMBER• EPN• 1. SURVEYOR'S REPORT do LEGENDS 699-221 PROJECT DATA BASE. l o• l td/ p vYV(/J Cu- . /,'?vx??y??/trams ?? AV- n 'e .000' -91 i7 dire ?u2r,?tzulli,? ?z? brie ?jo ?i?F?m? lZrA?r t ... ?.,.: 4! 0 0 Wells, Wayne From: Watkins, Sherry Sent: Thursday, March 10, 2005 3:09 PM To: Planning Subject: FW: resubmittals for April 19, 2005 CDB Meeting April 19 CDB -----Original Message----- From: Part', Mark Sent: Thursday, March 10, 2005 2:23 PM To: Watkins, Sherry Subject: RE: resubmittals for April 19, 2005 CDB Meeting I believe that would be the April 19 CDB Mark T. Parry Planner III City of Clearwater Planning Department 727.562.4558 mark.parry@myclearwater.com -----Original Message----- From: Watkins, Sherry Sent: Thursday, March 10, 2005 1:41 PM To: Planning Subject: resubmittals for April 19, 2005 CDB Meeting Importance: High Good Afternoon Everyone, Today was resubmittal date for the April 15, 2005 CDB Meeting. Here is a list of cases with planners for you all. Alissa and I will be date stamping these cases and will get them to you as quickly as we can. Have a Great Day! Sherry Watkins Planning Department Administrative Analyst 1. FLD2005-01005,SGN2005-01016 & Comp Landscape Adams Mark Hotel - 430 S Gullfview (Planner: Wayne Wells) 2. FLD2005-01007 & Comp Landscape - Ambiance on White Sands - 15 Avalon (Planner: Wayne Wells) 3. FLD2005-01016, TDR2005-01017 & Comp Landscape - Sunspree - 715 S. Gulfview Blvd (Planner: Wayne Wells) 4. FLD2004-02011A, PLT2004-00007 - Townhome Manors - 2520 Sunset Point Road (Planner: Mike Reynolds) 5. FLD2005-01008 - Clearwater Yacht Club - 830 Bayway Blvd (Planner: Marc Mariano) 6. FLD2005-01009 - Robert Pennock - 665 Bay Esplanade (Planner: Marc Mariano) 7. FLD2005-01012 & Comp Landscape - 200 Skiff Point (Planner: Marc Mariano) 8. FLD2005-01010 - Bay Harbor - 600 Bayway Blvd - (Planner: John Schodtler) Wells, Wayne From: Watkins, Sherry Sent: Tuesday, March 15, 2005 4:25 PM To: DRC Members Subject: Resubmittals for April 19 Importance: High Good Afternoon DRC Members Plans for the following cases have been resubmitted for the April 19, 2005, CDB meeting: have placed one copy of the case resubmitted package on the cabinets outside of Room 216 in our office for your review (please do not take it, as we need it for the CDB mail out). Please review your comments/conditions for this case 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, if possible by 4:00 pm on Wednesday, March 16, 2005. 1. FLD2005-01005,SGN2005-01016 & Comp Landscape Adams Mark Hotel - 430 S Gullfview (Planner: Wayne Wells) 2. FLD2005-01007 & Comp Landscape - Ambiance on White Sands - 15 Avalon (Planner: Wayne Wells) 3. FLD2005-01016, TDR2005-01017 & Comp Landscape - Sunspree - 715 S. Gulfview Blvd (Planner: Wayne Wells) 4. FLD2004-0201 1 A, PLT2004-00007 - Townhome Manors - 2520 Sunset Point Road (Planner: Mike Reynolds) 5. FLD2005-01008 - Clearwater Yacht Club - 830 Bayway Blvd (Planner: Marc Mariano) 6. FLD2005-01009 - Robert Pennock - 665 Bay Esplanade (Planner: Marc Mariano) 7. FLD2005-01012 & Comp Landscape - 200 Skiff Point (Planner: Marc Mariano) 8. FLD2005-01010 - Bay Harbor - 600 Bayway Blvd - (Planner: John Schodtler) 9. FLD2004-02015 - 483 Mandalay Avue ( Planner Wayne Wells) Division of Corporations Pagel of 2 . 0 0 nr?tiotl 1rida- Teaar Fiat cif Sr.e:,ti5ic?iIf'r? 'bloc I TItTl7i1?«Sllfl????«tTf?- ry< Foreign Limited Liability SUNSPREE GREEN, LLC PRINCIPAL ADDRESS 50 NORTH WATER STREET C/O GREENFIELD PARTNERS SOUTH NORWALK CT 06854 MAILING ADDRESS 50 NORTH WATER STREET C/O GREENFIELD PARTNERS SOUTH NORWALK CT 06854 Document Number FEI Number Date Filed M04000001660 NONE 04/23/2004 State Status Effective Date DE ACTIVE NONE Total Contribution 0.00 d Agent Name & Address C T CORPORATION SYSTEM 1200 SOUTH PINE ISLAND ROAD PLANTATION FL 33324 11 Manasier/Member Detail Titl e Name & Address MARCUS, BARRY P 50 NORTH WATER STREET MGR SOUTH NORWALK CT 06854 Annual Reports http://www.sunbiz.org/scripts/cordet.exe?a1=DETFIL&n 1=MO4000001660&n2=NAMFW... 2/4/2005 Division of Corporations Page 2 of 2 (Year Filed Date ?) Previous Filing Return to List Next Filing No Events No Name History Information Document Images Listed below are the images available for this filing. THIS IS NOT OFFICIAL RECORD; SEE DOCUMENTS IF QUESTION OR CONFLICT Corporations Inquiry Corporations Help http://www. sunbiz.org/scripts/cordet.exe?a 1=DETFIL&n 1=M04000001660&n2=NAMFW... 2/4/2005 I Pinellas County Property App0r Information: 17 29 15 05076 004 06 Page 2 of 6 17 / 29 / 15 / 05070 / 004 / 0010 04-Feb-2005 Jim Smith, CFA Pinellas County Property Appraiser 10:07:40 Ownership Information Non-Residential Property Address, Use, and Sales SUNSPREE GREEN LLC OBK: 13681 OPG: 0344 50 N WATER ST SOUTH NORWALK CT 06854 EVACUATION ZONE: A Comparable sales value as Prop Addr: 715 S G ULFUIEW BLVD of Jan 1, 2004, based on Census Tract: 260.02 sales from 2002 - 2003: 0 Sale Date OR Book/Page Price (Qual/UnQ) Vac/Imp Plat Information 7 /2,004 13,681/ 344 18,650,000 (Q) I 1961: Book 058 Pgs 012-013 5 /1,985 6,002/1,166 13,125,000 (0) I 0000: Book Pgs - 3 /1,981 5,163/1,932 8,000,000 (Q) I 0000: Book Pgs - 0 /1,972 3,923/ 559 1,865 (Q) I 2004 Value EXEMPTIONS Just/Market: 13,350,000 Homestead: NO Ownership % .000 Govt Exem: NO Use %: .000 Assessed/Cap: 13,350,000 Institutional Exem: NO Tax Exempt e%: .000 Historic Exem: 0 Taxable: 13,350,000 Agricultural: 0 2004 Tax Information District: Cu Seawall: Frontage: Gulf Of Mexico Clearwater View: Wat er 04 Millage: 22.9694 Land Size Unit Land Land Land Front x Depth Price Units Meth 04 Taxes: 306,641.49 1) 0 x 0 60. 00 202, 571. 0 S Special Tax .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, 2004 taxes will be 5) 0 x 0 .00 .00 306,641.49 6) 0 x 0 .00 .00 Without any exemptions, 2004 taxes will be 306,641.49 Short Legal BAYSIDE SHORES BLK D, LO TS i AND 2 AND Description ACCRETED LAND TO S Building Information http://pao.co.pinellas.fl.uslhtbinlcgi-scr3?o=1 &a=1 &b=1 &c=1 &r=.16&s=4&t3=1 &u=0&p... 2/4/2005 • Pinellas County Property Appr Information: 17 29 15 05076 004 06 Page 3 of 6 Property and Land_ Use Code descriptions . Building I . Building 2 Building #1 17 / 29 / 15 / 05076 / 004 / 0010 :01 04-Feb-2005 Jim Smith, CFA Pinellas County Property Appraiser 10:07:40 Commercial Card 01 of 2 Improvement Type: Motel/Hotel < 4 St Property Address: 715 S GULFUIEW BLVD Prop Use: 312 Land Use: 39 Structural E1?m?nts Foundation Spread/Mono Footing Floor System Slab on Grade Exterior Wall Cone Block/Stucco Height Factor 0 Party Wall None Structural Frame Concrete Reinforced Roof Frame Prestress Concrete Roof Cover Built Up/Composition Cabinet & Mill Average Floor Finish Carpet Interior Finish Panel/Plastr/Drywall Total Units Ili Heating & Air Heating&Cooling Pckg Fixtures 362 Bath Tile Floor and Wall Electric Average Shape Factor Rectangle Quality Average Year Built 1,964 Effective Age 20 Other Depreciation 0 Function Depreciation 0 Economic Depreciation 0 Sub Areas Description Factor Area Description Factor Area 1) Base Area 1.00 45,588 7) .00 0 2) Open Porch .30 12,886 8) .00 0 3) .00 0 9) .00 0 4) .00 0 10) .00 0 5) .00 0 11) .00 0 6) .00 0 12) .00 0 C c mme x4--j-a][- E x t r a F e at ur e s Description Dimensions Price 1) ASPHALT 70586SF 1.50 2) CONC PAVE 4924SF 3.00 3) SHUFBDCT 624SF 1,000.00 4) PATIO/DECK 650SF 3.00 5) DOCK 427SF 15.00 6) SPA/JAC/HT LARGE 6,000.00 Units Value RCD Year 70,586 105,880 105,880 999 4,924 14,770 14,770 999 2 2,000 2,000 999 650 1,950 780 11980 427 6,410 2,560 11980 1 6,000 4,440 1,995 TOTAL RECORD VALUE: 130,430 Building #2 http://pao.co.pinellas.fl.uslhtbinlcgi-scr3?o=1 &a=1 &b=1 &c=1 &r=.16&s=4&t3=1 &u=0&p... 2/4/2005 • Pinellas County Property Appoer Information: 17 29 15 05076 004 0* Page 4 of 6 17 / 29 / 15 / 05076 / 004 / 0010 :02 04-Feb-2005 Jim Smith, CFA Pinellas County Property Appraiser 10:07:41 Commercial Card 02 of 2 Improvement Type: Motel/Hotel > 3 St Property Address: 0 Prop Use: 312 Land Use: 39 Strut-tural E1Bments Foundation Special Footing Floor System Structural Slab Exterior Wall Conc Block/Stucco Height Factor 0 Party Wall None Structural Frame Masonry Pillar&Steel Roof Frame Prestress Concrete Roof Cover Built Up/Composition Cabinet & Mill Average Floor Finish Carpet Interior Finish Panel/Plastr/Drywall Total Units 105 Heating & Air Heating&Cooling Pckg Fixtures 315 Bath Tile Floor and Wall Electric Average Shape Factor Rectangle Quality Average Year Built 1,970 Effective Age 20 Other Depreciation 0 Function Depreciation 0 Economic Depreciation 0 Sub Areas Description Factor Area Description Factor Area 1) Base Area 1.00 78,695 7) .00 0 2) Open Porch .30 8,294 8) .00 0 3) Canopy .25 1,370 9) .00 0 4) Base Semi Finished .85 3,078 10) .00 0 5) .00 0 11) .00 0 6) .00 0 12) .00 0 Ciorrmi ;rG1a1 Extra Fsaturss Description Dimensions Price 1) ASPHALT 23000SF 1.50 2) GAZEBO 40SF 25.00 3) ELEU PASS 10 STOP 30,000.00 4) GARAGE 15X22 20.00 5) POOL IRREG 60,000.00 6) FIRESPRINK 81773 1.75 Units Value RCD Year 23,000 34,500 34,500 999 40 1,000 400 1,970 2 60,000 24,000 1,970 1,073 21,460 9,660 1,970 1 60,000 24,000 1,970 81,773 143,100 64,400 1,970 TOTAL RECORD VALUE: 156,960 Map With Property Address (non-vacant) ir-IF-1 T pq pq http://pao.co.pinellas. fl.us/htbin/cgi-scr3?o=1 &a=1 &b=1 &c=1 &r=.16&s=4&t3=1 &u=0&p... 2/4/2005 Pinellas County Property Appt r Information: 17 29 15 05076 004 06 Page 5 of 6 1/8 Mile Aerial Photograph (2002) http://pao.co.pinellas.fl.uslhtbinlcgi-scr3?o=l &a=l &b=1 &c=1 &r=.16&s=4&t3=1 &u=0&p... 2/4/2005 Pinellas County Property App*r Information: 17 29 15 05076 004 00 Page 6 of 6 Pinellas County Property Appraiser Parcel Information Back _to_Search :Page An explanation of this screen http://pao.co.pinellas.fl.us/htbin/cgi-scr3?o=1 &a=1 &b=1 &c=1 &r=.16&s=4&t3=1 &u=0&p... 2/4/2005 0 W 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, April 19, 2005, beginning at 1:00 PM, 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. from 1/18/05) LBJ, LLC (BJE, Inc.) are requesting (1) Flexible Development approval to permit a mixed use (proposed parking garage and attached dwellings in conjunction with existing retail sales) with a reduction to the front (east) setback from 25 ft to 4.77 ft (to building), a reduction to the side (north) setback from 10 ft to 2.91 ft (to building), reductions to the side (south) setback from 10 ft to zero ft (to dumpster enclosure), from 10 ft to 1.74 ft (to pavement) and from 10 ft to 2.6 ft (to building), a reduction to the rear (west) setback from 20 ft to 0.5 ft (to building), to increase the building height from 35 ft to 70 ft (to roof deck) with an additional 4 ft for perimeter parapets (from roof deck) and an additional 16 ft for rooftop pavilion (from roof deck) and to permit a building within the visibility triangles, as a Comprehensive Infill Redevelopment Project, under the provisions of Sec 2-803.C., and a reduction to the width of foundation landscaping along Poinsettia Avenue from 5 ft to 4.77 ft, as a Comprehensive Landscape Program under the provisions of Sec 3-1202.G; and (2) Transfer of Development Rights of 4 units from 656 Bayway Blvd, under the provisions of Sec 4-1402. [Proposed Use: Mixed use (4 level parking garage with 355 parking spaces and 28 attached dwelling units [condominium] in conjunction with 37,940 sq ft of existing retail sales)] at 483 Mandalay Ave, Clearwater Beach Park, ls` Add Replat, Blk A, Lots 2-7, & 15 ft Vac Alley on W & Lot 8. FLD2004-09072/TDR2005-01015 2. (cont. from 3/22/05) Liberty Bank (Liberty Realty Group) are requesting Flexible Development approval (1) to permit retail sales and service (bank) and offices in the Commercial District with a reduction to the front (north) setback from 25 to 23.5 ft (to pavement), a reduction to the front (east) setback from 25 ft 20 ft (to building), an increase to building height from 25 ft to 28 ft (to roof deck) with an additional 3.33 ft for parapet (from roof deck) and an additional 8.83 ft for architectural embellishments (from roof deck), a reduction to required parking from 38 to 35 spaces and a deviation to allow direct access to a major arterial street (Gulf to Bay), as a Comprehensive Infill Redevelopment Project, under the provisions of Sec 2-704.C; (2) to permit non-residential parking in the Medium Density Residential District with a reduction to front (east) setback from 25 ft to 15 ft (to pavement) and a deviation to place landscaping on the inside of the buffer fence along the west and south sides of the property, as a Residential Infill Project, under the provisions of 2-304.G. (Proposed Use: Bank and office space) at 1611 Gulf to Bay Blvd, Longview Sub, Lots 3-4, 19-21. FLD2004-11080 3. (cont. from 3/22/05) Haddon House Inn, Inc. (Haddon House of Clearwater, LLC) are requesting (1) Flexible Development approval to permit 14 attached dwellings with reductions to the front (south) setback from 25 ft to 15 ft (to building) and from 25 ft to 4.2 ft (to trash staging area), a reduction to the front (west) setback from 25 ft to 8 ft from the Coastal Construction Control Line (to pool deck), reductions to the side (north) setback from 10 ft to 5.9 ft (to building), from 10 ft to 5 ft (to pool deck) and from 10 ft to 2 ft (to sidewalk), a reduction to the . - 9 0 side (west) setback from 10 ft to 3.2 ft (to sidewalk), a reduction to the side (east) setback from 10 ft to 6 ft (to sidewalk), and an increase to height from 30 ft to 64 ft (to roof deck) with an additional 4.16 ft for perimeter parapet (from roof deck) and an additional 15.83 ft for a rooftop pavilion (from roof deck), as a Residential Infill Project, under the provisions of Sec 2-404.F; (2) a reduction to the landscape buffer along Idlewild Street from 10 ft to 4.2 ft (to trash staging area), a reduction to the landscape buffer along the north property line from 10 ft to 5.9 ft (to building), from 1.0 ft to 5 ft (to pool deck) and from 10 ft to 2 ft (to sidewalk), a reduction to the landscape buffer along the west property line from 10 ft to 3.2 ft (to sidewalk) and a reduction to the landscape buffer along the eastern property line from 10 ft to 6 ft (to sidewalk), as a Comprehensive Landscape Program, under the provisions of Sec 3-1202.G; (3) Transfer of Development Rights for one dwelling unit from 321 Coronado Drive, under the provisions of Sec 4-1403. [Proposed Use: Attached dwellings (14 condominiums)] at 12 Idlewild St, Clearwater Beach Rev, Blk3, Lots 1, 13-15 & W 1/2 of Lot 12. FLD2004-10076 4. George C Clark Investments (Global Financial Investments, LLC / Equity Investments, LLC / KB Home - Tampa, LLC) are requesting Flexible Development approval with reduction of the front (east) setback along Lawson Rd from 25 ft to 18 ft (to building), from 25 ft to 14 ft (to pavement), reductions to front (west) setback along Lawson Rd from 25 ft to 7 ft (to patios), from 25 ft to 11 ft to (building) and from 25 ft to 10 ft (to pavement), a reduction of the front (south) setback along Blackburn St from 25 ft to 10 ft (to pavement), and a reduction to a landscape buffer from 10 ft to 7 ft (to patios) along the east side of Lawson Rd, as a Residential Infill Project, under the provisions of Sec 2-304.G. and Preliminary Plat approval for 248 lots, and as a Comprehensive Landscape Program, under the provisions of See 3-1202.G. (Proposed Use: A residential development of 248 attached dwellings) at 2520 Sunset Point Rd, Blackburn's Sub, Pt of Lots 10-12 & Vac St. FLD2004-02011A/PLT2004-00007A 5. Bay Harbor, LLC (Baywatch Suites, Inc.) are requesting Flexible Development approval to construct a 1,376 sq ft multi-use dock facility to provide 8 slips as an amenity to 19 condominium units. The request includes an increase of the width of the dock from 75 percent of the lot width (135 ft) to 77 percent of the lot width (139 ft), and a reduction of the side (west) setbacks from 17.98 ft to 10.3 ft to the dock, per Sec 3-601.C.3. (Proposed Use: Construct a multi-use dock of 1,376 sq ft for 8 slips) at 600 Bayway Blvd, Bayside Sub No. 5, Blk A, Lots 6-8 & Riparian Rts. FLD2005-01010 6. MSPA Acquisition II, LP is requesting (1) Termination of Status of Nonconformity for density to allow the continuation of an existing 217-room/unit hotel (where 74 rooms/units are permitted today) and for height to allow the existing 155-ft high building (where a maximum height of 150 ft is permitted today); (2) Flexible Development approval to permit a 217-room/unit overnight accommodation use with a reduction to the rear (west) setback from 20 ft to zero ft (to patio/pool decking and tiki bars) and to allow patio/pool decking seaward (westward) of the Coastal Construction Control Line, an increase to building height from 35 ft to 155 ft (to existing roof deck) and a reduction to required parking from 217 to 201 spaces (existing), as a Comprehensive Infill Redevelopment Project, under the provisions of See 2-803.C; (3) a reduction to the required interior landscape area, as a Comprehensive Landscape Program, under the provisions of Sec 3-1202.G; and (4) Comprehensive Sign Program approval, under the provisions of Sec 3-1807 (SGN2005-01016). (Proposed Use: Retain existing 217-room overnight accommodation use) at 430 South Gulfview Blvd, Lloyd-White-Skinner Sub, Lots 33- 35 & Pt of Lot 36 & Subm Land on W. FLD2005-01005/SGN2005-01016 7. Sunspree Green, LLC is requesting (1) Termination of Status of Nonconformity for density for the existing 105-room hotel tower, located on 2.383 acres (density to be converted to 78 0 0 dwelling units); (2) Flexible Development approval to permit attached dwellings with reductions to the front (north along S. Gulfview Blvd.) from 15 ft to 11.88 ft (to security guard house) and from 15 ft to 6.42 ft (to pavement), a reduction to the front (east along Gulf Blvd.) from 15 ft to zero ft (to pavement), a reduction to the side (west) setback from 10 ft to 4.29 ft (to pavement), a reduction to the side (south) setback from 10 ft to zero ft (to boardwalk), an increase to building height from 35 ft to 150 ft (to roof deck) with an additional 11 - 21 ft for decorative mansard architectural embellishments, an increase to fence height within the front setback from 6 ft to 7 ft and a deviation to allow a building within visibility triangles, as a Comprehensive Infill Redevelopment Project, under the provisions of Sec 2-803.C; (3) Transfer of Development Rights of 10 units from 41 Devon Dr and 3 units from the Sandpearl project located generally at 500 Mandalay Ave, under the provisions of Sec 4-1402 (TDR2005-01017); and (4) Preliminary Plat for 1 lot (PLT2005-00002). [Proposed Use: Attached dwellings (149 dwelling units)] at 715 S. Gulfview Blvd, Bayside Shores, Blk D, Lots 1-2 & Accreted Land to S. FLD2005- 01016/TDR2005-01017/PLT2005-00002 8. Panaroma on Clearwater Beach, LLC is requesting (1) Termination of Status of Nonconformity for density (15 overnight accommodation units, to be converted to 11 dwelling units, plus 8 existing dwelling units), under the provisions of Sec 6-109; (2) Flexible Development approval to permit a total of 15 attached dwellings in the Medium High Density Residential (MHDR) District and Tourist (T) District with a reduction in the T District from 10,000 sq ft to 4,350 sq ft, a reduction to lot width in the T District from 100 ft to 50 ft, reductions to the front (north along Avalon St - MHDR District) setback from 25 ft to 10 ft (to building) and from 25 ft to zero ft (to trash staging area), a reduction to the front (south along Kendall St - T District) from 15 ft to 10 ft (to building), a reduction to the side (west - MHDR District) from 10 ft to 7 ft (to building), a reduction to the side (west - T District) from 10 ft to 3 ft (to building and pavement), a reduction to the rear (south - MHDR District) from 15 ft to 10 ft (to building), an increase to building height in the MHDR District from 30 ft and in the T District from 35 ft to 52.67 ft (to roof deck) with perimeter parapets of 3.67 ft (from roof deck), as a Residential Infill Project in the MHDR District and as a Comprehensive Infill Redevelopment Project in the T District, under the provisions of Secs 2404.F and 2-803.C; and (3) Reduction to the side (west) landscape buffer in the MHDR District from 10 ft to 7 ft (to building), as a Comprehensive Landscape Plan, under the provisions of Sec 3-1202.G. [Proposed Use: Attached dwellings (15 dwelling units)] at 15 - 27 Avalon St and 16 Kendall St, Clearwater Beach Rev, Blk7, Lots 6-8, 14 & Pt of Lot 5. FLD2005-01007 9. Robert M Pennock, Melodie A Ferguson, Robert M Pennock II THE REM, & Melodie A Ferguson THE REM are requesting Flexible Development approval to permit 5 attached dwelling units with a reduction to the minimum lot width from 100 ft to 51 ft; an increase in height from 35 ft to 59 ft to top of roof deck, an additional 3.5 ft to the top of mansard roof (from roof deck) and an additional 11.75 ft for stair/elevator tower (from roof deck) and architectural embellishment; a reduction in the rear (south) setback from 20 ft to zero ft to pool deck, 3.5 ft to pool and 18 ft to building as a Flexible Development project, under the provisions of Sec 2- 803.B. [Proposed Use: Attached dwellings (5 dwelling units)] at 665 Bay Esplanade, Mandalay Unit No 5 Replat, Blk 77, Lot 6. FLD2005-01009 10. Clearwater Yacht Club, Inc. is requesting Flexible Development approval to permit a 3 story, 18,500 sq ft Yacht Club with offices, exercise room, restaurant and parking garage structure, with reductions to the front (south) setback from 15 ft to zero ft to pavement and 4 ft to building structure; to permit a building within the sight visibility triangles along Bayway Blvd, a reduction of rear (north) setback from 20 ft to zero ft to paver deck and 18 ft to building and an increase in building height from 25 ft to 46.5 ft to mean roof height, as a Comprehensive Infill 0 0 Project, under the provisions of Sec 2-803.E. (Proposed Use: Marina) at 830 Bayway Blvd, Bayside Sub No 6 Unit A, Blk D, Lots 5-11 Incl. FLD2005-01008 11. Skiff Point of Clearwater, LLC is requesting Flexible Development approval to permit 15 attached dwelling units with reductions to the front (east) setback from 25 ft to 15 ft to building and from 25 ft to 3 ft to pavement; a reduction to the side (north and south) setbacks from 10 ft to 6.5 ft to building and 5 ft to parking; a reduction to the rear (south) setback from 15 ft to zero ft to pool deck, 5 ft to pool and 7.5 ft to parking; and an increase in height from 30 ft to 49 ft to roof deck and additional 4 ft for parapet (from roof deck to top of parapet) and an additional 16 ft for elevator overrun (from roof deck), as a Residential Infill Project, in the Island Estates Neighborhood Conservation Overlay District (IENCOD) I Medium High Density Residential (MHDR) District under the provisions of Secs 2-404(F) and 2-1602(C). [Proposed Use: Attached dwellings (15 dwelling units)] at 200 and 201 Skiff Point, Island Estates of Clearwater, Unit 5-A, Lots 35-36. FLD2005-01012 Interested parties may appear and be heard at the hearings or file written notice of approval or objection with the Planning 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. 5 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 5624567 to discuss any questions or concerns about the project and/or to better understand the proposal and review the site plan. Cyndi Tarapani Planning Director City of Clearwater P.O. Box 4748, Clearwater, FL 33758-4748 NOTE: Applicant or representative must be present at the hearing. Cynthia E. Goudeau, CMC City Clerk 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 (727) 562-4093 WITH THEIR REQUEST. Ad: 04/03/05 FLINT IMP FUND THE 706 BAYWAY BLVD CLEARWATER FL 33767 - 2609 CLINKSCALE, ROBERT M CLINKSCALE, MICHAEL 800 BAYWAY BLVD # 14 CLEARWATER FL 33767 - SIFAKIS, TARYN 6280 SHACKELFORD TER ALEXANDRIA VA 22312 - 1728 REAL ASSETS MGMT PARTNERS INC 3106 WEDGEWOOD DR BELLEAIR BEACH FL 33786 - SCHULMAN, SUSAN H SCHULMAN, HELEN P 210 CARYL WAY OLDSMAR FL 34677 - 2265 SHERRARD, HENRY J THE HODGE, HARRY E THE 845 S GULFVIEW BLVD # 204 CLEARWATER FL 33767 - 3012 GASIK, FORREST M 18 JAMES ST BEVERLY MA 01915 - 3704 ISLAND KEY DEV LLC 19535 GULF BLVD STE B INDIAN SHORES FL 33785 - 2240 ANASTASOPOULOS, ELIAS POLITIS, GREGORY C 630 S GULFVIEW BLVD CLEARWATER FL 33767 - 2642 5 GuWVIe-w - FL175` 0 10 16 0 BAYSIDE CONDO ASSN INC 800 BAYWAY BLVD CLEARWATER FL 33767 - 2615 0 VAN FLEET, BRUCE', VAN FLEET, DAWN 2061 LOMBARD ST PHILADELPHIA PA 19146 - 1314 CLINKSCALE, ROBERT M 800 BAYWAY BLVD # 14 CLEARWATER FL 33767 - 2658 NICHOLSON, FAY A NICHOLSON, CHARLES W 948 RIVERSIDE RIDGE TARPON SPRINGS FL 34688 - 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ARMSTRONG III, ESQ JOHNSON, POPE, BOKOR, RUPPEL & BURNS, LLP P.O. BOX 1368 CLEARWATER, FL 33757 FLD2005-01016 715 S Gulfview Wayne Wells ?WOLMARANS, HENRY H WOLMARANS, JACKIE 675 GULFVIEW BLVD S # 1201 CLEARWATER FL 33767 - 2679 MARKOS, CHRIS 675 S GULFVIEW BLVD # 1204 CLEARWATER FL 33767 - 2677 LAVDAS, DIMITROS LAVDAS, THALIA 724 BAYWAY BLVD # A-2 CLEARWATER FL 33767 - 2611 SAUNDERS, WILLIAM R SAUNDERS, SHIRLEY M 724 BAYWAY BLVD # B-2 CLEARWATER FL 33767 - 2612 SKTEL INC 678 S GULFVIEW BLVD CLEARWATER FL 33767 - 2642 MOORINGS TOWNHOMES II LLC 9100 BAY HILL BLVD ORLANDO FL 32819 - 4883 MOORINGS TOWNI-IOMES II LLC 9100 BAY HILL BLVD ORLANDO FL 32819 - 4883 JAY KEYES CLEARWATER BEACH ASSOC. 100 DEVON DR. CLEARWATER, FL 33767 Page 1 of 1 Wells, Wayne From: Carolyn Cormey [Carolyn@cormey.net] Sent: Monday, April 18, 2005 1:04 PM To: Wells, Wayne Subject: From Carolyn Cormey Thank you for taking time with me to go over the SunSpree proposed development that will be going to the CDB tomorrow for approval. Could I trouble you to send me a list of the already approved Developments and those in the process to seek approval (that you know about) - along South Gulfview Blvd. - from the property directly east of the 400 towers to the Sand Key Bridge - along both sides of South Gulf view Blvd? Thank you very much, Carolyn Cormey One more thing - the 400 beach-front parking spaces that were public and are now part of the Hyatt Development .... Are they just going away so that the Hyatt will front to the beach with no lot in front of it or are the 400 spaces just going to become the parking spaces for the Hyatt? 5/1/2005 [mailto: EdA@jpfirm.com] Sent: Friday, April 15, 2005 11:29 AM To: Carolyn@cormey.net Cc: Brink, Carolyn Subject: FW: Re: Your e-mail of Monday April 11, 2005. Dear Ms. Cormey: I have been provided a copy of the e-mail you sent to City Hall on the referenced date. While I am not going to respond to your discussion of City policy, I do feel compelled to set the record straight on a couple of matters. First, I approached the dais in advance of the meeting to ask Chairman Dave Gildersleeve for additional time to present my case. This is a common request when an applicant is aware the hearing will be contested. Secondly, I did enter the Mayor's office during the course of the afternoon, knowing it would likely be unoccupied. My purpose was to use a private telephone to contact the intensive care unit at Morton Plant Hospital, where my father was a patient. It is disappointing you chose to launch a personal attack, unaware of the operative facts. It strikes me as the bitterness of someone who attended a meeting hoping to deprive your neighbor of the same rights you enjoy, and failed. Have a nice day. TIMOTHY J. TOUHY DANIEL K. TOUHY JAMES B. ZOURAS RYAN F. STEPHAN ToLmy & ToLmy, LTD. ATTORNEYS AT LAW 161 NORTH CLARK STREET SUITE 2210 ' ? CHICAGO, ILLINOIS 606 I\ April 11, 2005 Ms. Cyndi Tarapani Planning Director City of Clearwater P.O. Box 4748 Clearwater, FL 33758-4748 TELEPHONE (31 2) 372-2209 FACSIMILE (31 2) 456-3838 WEB: TOUHYLAW.COM Re: Notice of Community Development Board re: Sunspree Green, LLC. Dear Ms. Parapani: I submit this letter on behalf of my client, Bernhard Eisen, who resides in Bad Homburg, Germany. Mr. Eisen owns a condominium at 830 South Gulfview in Clearwater Beach, Florida. This letter is being sent at his request pursuant to the Notice of Community Development Board Public Hearings with regard to the proposal for construction of a building by the above-referenced company. Please accept this letter as his written objection to the proposal for this construction. His objection to the construction proposal has several bases. I will attempt to list those and would request that at a minimum, these items be opened for discussion at the public hearing of this matter, which unfortunately, he cannot attend. He has owned a condominium unit in the building located at 830 South Gulfview for over twenty five years. During that time, he has paid particular attention to the development of the area, the value of property, the property tax burdens placed upon the owners and the traffic patterns. Needless to say, during that twenty-five years, there were long periods of time when there was little or no appreciation of the property values. However, the taxes steadily increased as did his association dues. The point is that many residents of the building have stayed the course in this investment, providing the tax base needed so badly by the city. During those meager years, his only investment return was the sanctity of the area: the beauty, lower population density and manageable traffic. Now, as all areas of Florida have appreciated, including Clearwater Beach, the developers see the great possibility for profit. And he is faced with the prospect of a new high-rise condominium that will obscure his view, severely complicate the traffic patterns and increase markedly the density of the area. For these reasons, on his behalf, I write to express strong opposition to the proposal to allow the construction of this project. It seems terribly unfair that those who, like Mr. Eisen, stayed the course during the difficult years, should have to sacrifice the full enjoyment of his condominium so that developers may reap a profit. The view from his current unit, #908, will be totally altered. Instead of looking onto the Gulf of Mexico, he and his family will see another high rise. The traffic, already a concern, will undoubtedly worsen. TOUHY & TOUHY, LTD. ATTORNEYS AT LAW Ms. Cyndi Tarapani April 11, 2005 Page 2 There can be little doubt that the value of his unit will be adversely affected, either in terms of current or future value. Yet, not a word has been offered suggesting any type of tax relief for his building or compensation for loss of value. After the building is done, would the developer be willing to trade units with the owners at 830 South Gulfview? A review of the property tax escalation for Mr. Eisen's property is especially compelling and demonstrates the burden that the current owners have been carrying. The year 2000 taxes for his unit were $2,178.68. The year 2004 taxes were $4,716.62. That is an increase of 116% in four years. If the argument is offered that the taxes have risen in conjunction with the value of the property, then he should have an assurance that the taxes will go down in proportion to the loss of value his property will undoubtedly suffer as the result of the construction of this project. The project is being thrust upon the current owners and residents of 830 South Gulfview with seemingly little consideration of those people. Analysis of this project without consideration of the history of the area and the benefits the city itself has reaped in the past from his tax base would be nothing less than unfair, particularly since now, the property values at 830 South Gulfview will decrease. While he understands fully that the city will add a new tax base with this development, he does not believe such an addition justifies discriminating against those who have loyally invested in this area for so many years. At a minimum, on his behalf, I would request an analysis of the effect this development would have on property values, population density and traffic patterns. In addition, there should at least be some indication about how adjacent property values will be affected, and whether any type of tax relief can be anticipated. Absent this relevant information, it does not seem any insightful decision could be made regarding this development which would consider the interests of the current and long standing residents. For these reasons, Mr. Eisen has asked me to express his strong objection to the current development proposal and would urge the board to more fully investigate this proposal and make known the result of this investigation to the current residents and owners. Would you please acknowledge receipt of this letter and in addition, send directly to my office any decisions of the planning board relating to this issue so I may advise my client regarding his rights of appeal. Thank you. DKT/as Enclosure ,,,11/04 '05 15:26 FAX +49 69 24774930 ELSEN + HEMER FRANKFURT VERIFICATION • Cut o01 Under penalties of perjury, 1, Bernhard A. Eisen, do hereby certify and verify and all matters contained in the attached correspondence from my attorney, Daniel K. Touhy, and addressed to the Planning Director for the City of Clearwater, are based upon my personal knowledge and are true and correct. The matters contained in this correspondence were transmitted by Mr. Touhy at my request and based upon information T provided to him. I further verify that all matters contained in the letter were translated to we from the English language to the German language and are accurate in that regard. /4' Bernhard A. Eisen s BSCRIBED AND SWORN TO BEFORE Nffi T.HHTS?8TH w0t Ic "OFFICIAL,FAL1; Ada P. Hooter Notary Public, Statc, tliinois My Commission Exp, 051241 *8 TO: Jiffy From: Sherry Watkins, City of Clearwater Planning Department 100 S Myrtle Ave Clearwater, Fl 562-4582 PICKUP: 1110 FLD2005-01016 715 S Gulfview Blvd - Please copy plans that have a yellow sticky on them. One copy of each. FLD2005-05047 430 Gulfview Blvd - Please copy plans that have a yellow sticky on them. One copy of each. Return originals to Sherry Watkins Planning Department City of Clearwater Call customer to pick up his copies Ed Hooper @ 458-4757 PROPOSED REDEVELOPMENT OF HOLIDA Y INNS UNSPREE CLEAR WATER BEACH imc C By ommunities U MAR 10 2005 February 2005 7 .off ? . ORIGINAL e.„ -a ,: - ,._.. l _ re` .rl. r u erte3..z uc ?r" m .aa s a!a?? p'r T@@ a Haim Jul I . ? Qel tug - IM ? m 0, Ge ? E a a . . . KEE ¢' ¢ P =' t M _ ?t! All <?....Y,i1,. JU L. L. ILt G!2c m ® 0 L alit a? - @ ttP. aM?t1@ j ... @ sea _ i Y@i Mf LLIOA 1L6 '2'W tIl C ,¦ ¦77?? !I[i? M f..4?_ . ¦ , ?• L alit a alit l ? A _, r f IA r ? i ti?1t• .n ¦ 1 no one R !!? .. $ . ea! 1 1 1 1 1 1 t 1 1 1 1 1 1 1 1 1 1 1 1 TABLE OF CONTENTS PROPOSED REDEVELOPMENT OF HOLIDAY INN SUNSPREE by JMC Communities March 2005 1. REDEVELOPMENT AREA A. Area Location Map B. Site Location Map II. PROGRAM A. Overview of Proposed Redevelopment B. Landscape Site Plan C. Street Elevation D. Architectural Plans III. DENSITY I TRANSFER OF DENSITY A. Sunspree Site Plan Density Calculation IV. PROOF OF OWNERSHIP V. DEVELOPER'S QUALIFICATIONS A. Development Summary B. Project Photographs r n F r it u E 0 r Li fl r-, I 1 l C r-, REDEVELOPMENT AREA 0 m = m r = = m = = = i m = m m m = m = m m = = = = m m m r = m m = m = = = m = m = m = m w L u L C I u r- r Ci u 0 I PROGRAM I C L OVERVIEW OF PROPOSED REDEVELOPMENT ?l ' Developer proposed to redevelop the Holiday Inn Sunspree Site with an upscale Residential Condominium Project to include related amenities, pedestrian ' walkways, and infrastructure improvements. The Project shall include two fifteen- story Condominium towers with a total of 149 dwelling units. The proposed condominium site possesses one-of-a-kind benefits unique to Florida's Suncoast. Its location on Clearwater Pass takes advantage of the many boating opportunities, open water views to the Gulf of Mexico and easy access to Sand Key and downtown Clearwater. Set nearer the residential neighborhoods of South Clearwater Beach, the site will serve as the optimal beach getaway still within easy walking distance of fine restaurants, shopping and entertainment. The 149 condominium units shall be located within two residential towers with an overall building height not to exceed 150 feet. To obtain the additional height the Developer is using two other parcels located on Clearwater Beach to transfer ' development rights, the south block of Sandpearl, and the property located at 41 Devon Drive. The total transfer of development rights will be 13 units. As depicted herein, the Developer, and/or its affiliates, will carry out the redevelopment of the Project Site, prepare project plans and specifications, and obtain approvals by governmental authorities necessary for the development of the ' project. LI n it n Ll L MAIN ENTRY CLUBHOUSE FACILITY PARKING ENTRY - TOINER 1 EMERGENCY ACCESS RAMP UP TO PARKING LEVEL 2 EMERGENCY ACCESS Clearwater Beach, Florida JMC COMMUNITIES m m m m m m m m m IM m m s m m m m m m 02005 JMC COMMUNITIES STREET ELEVATION Sunspree Site Clearwater Beach, Florida RNM ARCHITECTURE PLANNING 4611 TELLER AVENUE NEWPORT BEACH. CA 92660 JMC COMMUNITIES 949949.8.762 TEL AX 3 33 3 960 03 00 FAX INFOORNMDESI.9GN.COM TT`fC ODNMLNrTTPS Cor+RgEEE 3W6 RiuR HICMRECRIRE fuRe.o STREET ELEVATION Clearwater Beach, Florida JMC COMMUNITIES .611 JELLER.t4MX H[v?prt BEACH, C. R3660 ?9.)5}.t B00IEt 9.9 l3J 9603 fAR iEAOgRNMDESiGN.CCxA COPMOM 2m, 0-A6C "Crw RAHHNG >« HD a?6 .Ia 6vwcH 2On3 GENERAL NOTES p GARAGE SUPPORTS SUCH AS WALLS AND COLUMNS MUST NOT INTRUDE WRISN PARK NO STALL DIIENSIONa. (COMNUNRT DEVELOPMENT CODE SECTION 3.16331. Q. GARAGE SUPPORTS SUCH AS WALLS MUST NOT BIPEDS DRIVER'S SHIRT VISMM WHEN BACKING OUT OF PARIGNO SPACE. (f:OIM6IRNTT ?. DEVELOPMENT CODE SECTION! 3.1604 COLUMNS MUST NOT S(TRUDE IN rXir DISABLED PARNNG ACCESS AISLE. (CHAPTER 11 FLORIDA BUILDING ACCESSISETTT CODE, SECTION 11..6.31. REQUIREMENTS 149 UNITS x 1.6 PARKING SPACES PER UNIT = 224 SPACES PARKING LEVEL 1 • 163 SPACES (A HC) LEVEL 3.100 SPACES (3 HC) QUEST . /S SPACES (1 HC) TOTAL •373 SPACES 6NM ARCHIRCTW NANP71aD Clearwater Beach, Florida 6611 IT KAV H1v.FORf MACH, c 92660 969.)32.1600 Ttt 6+ro®9HwesIDH.cor6 JMC COMMUNITIES PARKING LEVEL 1 ?' COASWMTM ? N "Cnm - l ` \ A E \\ PARKING LEVEL 2 Clearwater Beach, Florida NCO JMC COMMUNITIES 96„ i9LLEA ?VFM1! t+Ew90R! KRCn, C? 92660 9?9.131.t ppp lft Aw00R+ND1S CO corMWNI 1006w AIICNmcNR NANNKs I ? n w : L tOUN6E WN6E a i .E,e ? 1 I 1 1 __ l 7 I l j1 s e --Z- --r--? I 1 i `tea v'? \ 1 J i I A C \` SU NSPREE . N a n A II a.m 3KHO \ UB ____J OK GRAND 7 35 ` \ LEVEL 3 Clearwater Beach, Florida "611 RLLfP A`EMa ffcip NF'?WORt N:ACn, CA 97660 9"9.)3].1 p0p Rl m40®b?6'D36KN.cOw. JMC COMMUNITIES COI9bONf 100..W AIKNIEfG}lHB nAE«e+o LEVEL 4-13 '10ree We -N0.0- . i0MARCH- RNM ARCNftECTURf EEX+NRq Clearwater Beach, Florida Ibt l ifLLFR A?TNUE NfNPORE BEACH. CA 9166 919 )6].IBOOWL ffco 0 JMC COMMUNITIES 9198llV60c- Ns0 @M+NOESMiNGOrn lOB Iq..- •I.- LEVEL 14-15 luree Soto Rrw u?cn?rtcn?e n.r-r+nwc Clearwater Beach, Florida 161 ? TFUfR ?rFnlR 1X`N9pRi BE/4M, C9.9]6. 919)]].IE M 91 JMC COMMUNITIES 9!]] 9603 ffi Me 1006 ww AKHRlCltll! aAr.wla XM M0.0600! .10w ms ROOF PLAN Clearwater Beach, Florida 6611 lELLE1 A?lta,E Nlw1pR EACH, CA 11660 ffC* 10 151.1 l001R JMC COMMUNITIES 1.oe'19?11A. M+fO?R+rOfSKL+.COw. m Pl1d? G i'tf TYPICAL FLOORS roe wo. woos .?o.v,c'r ww Clearwater Beach, Florida ?M ffC16 .dl ? ifLLtA.VFMI! N[NTpR!lKN, CA 9]660 9.9.)S).16001tt JMC COMMUNITIES CO".W t R A18;NRKIUQ f1NNN6 108N0.0600! • 1061Htv4 s Ay," G ... ... ...- ?. a.a s? /c?? sa:rr Y L J y n _: 3 qe.- ssM: f ?? fir, Rf vY n2?T? Z 1 ? t44??<fG mob/ `? I p?fI't6 F \/ KL M r N,. 14PhhG! /? ?YIsN D q. A.. • q.. y D..f . qC o0 BO- rr TYPICAL FLOORS Clearwater Beach, Florida al JMC COMMUNITIES INM ABCIMTECitNt PIMM+Wfs 6611 tfLLfR A?FNUf rvf WORE efACn, a video 960 )31.1800 tfL MO®A+u?Df5101?.COM m m m w m m r m i m m m m m m m m m m - 6HM.N04ffKMm fIINNfq ID IDIDII ?mm IImm m t ®m mm m I Il A P4A16 m m d A ® °m mm m d a - A ® t i-T m A ® mm a A ® mmI m m a A ? m 1? RI , mm m d A E mm m EI M ?d A ®m mm m rm ?d A la mm m m? m i i v o o a o ® a ®® ® 0 0 o a NORTH ELEVATION Clearwater Beach, Florida nte JMC COMMUNITIES Xl6 N0. 6N06 . 10 wN{N 1(p5 l ®a m ilII.]Il T, :1-a Ra M - m 2- ?n RNM MtnIIECTJ6E HANN9r0 10 .6111f1126 AKtAR MV.?ORf Kf . CA 92660 OF 9f 9.151.160 m 949.6319601lM 13 mf099T'.vDf SiO1+.CCw i ? ! ! ! ! i ? 1• ! i i ? i ! ! ! ! A CO01MW -1 RYA -"K-" FIMNfq EAST ELEVATION KR NO..- . , 0 MVICN J00J Clearwater Beach, Florida +6? ? nuEB AVENUE ffc* NEV.9pIR BEACH. CA 91640 o.v.FSx.?eoo JEl JMC COMMUNITIES 9.96J1960]FAf INF?IB+YDEBKX+GOM IhM ARCHrttC1VR ItM?+? ®a ?? ® 1m ® ® ® m E ® ? ® ® mm m-R m ?w m SOUTH ELEVATION Clearwater Beach, Florida JMC COMMUNITIES w- ?M AR - ! - 9 ?a 1-0- • 10 iWICH ]006 - 1 11 -T1 - - ? _ ? !1 1 3 f7- fr ®n . 1 .. a F f2 [T- - ? ni ? ?®a 1 s u ? ®,ptJ2 ?, 0 - MEl- I z i s ? [M MEl2 1 f _.. ? . ® r MAU ter,---- °-i Jim. 4a6t ARCw1ECiUPf 9UNNN0 96111l11tA AKMX NlNROR! RACK, CA 9]660 949.711.1wni 949 913.9603 9M x 00INA'Ofs-C061 12 13 C? 2006 pus M41rtEC EuM+Mc 10B NO.OMOB •?06MI4M ]803 ----IOR WEST ELEVATION Clearwater Beach, Florida µMd???^µN°? Edi l iEltE86`rFNIR NEVmprti KACH. CA 91660 - ffc* ]5}. 800 tEt Rf0®IB+NDESN?Y+.CCW. JMC COMMUNITIES J F 0 n DENSITY/ I TRANSFER OF DENSITY ?7 0 E n u 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 DENSITY TABLE # of Units Residential dwelling units, based on termination of non-conforming status, as to "tower" parcel 781 Residential dwelling units, based on 2-acre parcel zoned "T" (30 units/acre) 60 Transfer of Development Rights from 41 Devon Drive 10 Transfer of Development Rights from Sandpearl Project 3 Total Units Available 151 Total Units Proposed 149 #338385 v1 - SunspreelDensity Table 1 Termination of non-conforming status as to existing density of 105-room hotel tower on 2.383-acre site (105 rooms x .75 = 78) 1? 'J l F F u J PROOF OF OWNERSHIP 0 LJ ? 17 i? L LJ 0 I#: 2004269609 BK: 13681 PG: 344, 07/02/2004 at 01:09 PM, RECORDING 3 PAGES $27.00 D DOC STAMP COLLECTION $130550.00 KARLEEN F. DE BLAKER, CLERK OF COURT PINELLAS COUNTY, FL BY DEPUTY CLERK: CLKDM08 Return To: Robert F. Greene, Esq. Greene 8 Schermer 1301 - 60' Avenue West. Suite 400 Bradenton, Ft. 34205 941-747-3025 Prepared by: Jorge Diaz-Silveira, Esgtk,re. Hogan & Hanson L.L.P. Mellon Financial Center I I I I Brickell Ave., Suite 1900 Miami, Florida 33131 SPECIAL WARRANTY DEED This Spccial Warranty Deed (this "Deed") is made on July 1, 2004 by and between: (i) I ANE'CLEARWATER LIMITED PARTNERSHIP, an Illinois limited partnership, having an address at 129.0 Shcrmer Road, Northbrook, IL 60022 (the "Grantor"), and (ii) SUNSPREE GREEN, LLC, a x,64 ware limited liability company, having an address at 50 North Water Street, South Norwalk, CT 166854 (the "Grantee'). WITNESSETH: That for and in consideration of Ten Dollars ($10.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, Grantor does hereby grant, bargain, sell, convey and assign unto Grantee, its successors and assigns, in fee simple that certain parcel of land cituate and being in Pinellas County, Florida, and being trine particularly described in Exhibit A attached hereto and made a part hereof. TOGETHER WITH all buildings, fixtures and other improvements located in or on said land, TOGETHER WITH all right, title and interest of Grantor in and to any rights, alleys, streets and ways, public and private, waters, riparian/littomi rights, accretions, easements, privileges. tenements, hereditaments and appurtenances belonging or appertaining thereto, SUBJECT TO, any and all covenants, easements and restrictions of record, and real estate taxes not yet due and payable, TO HAVE AND TO HOLD the property hereby conveyed unto the Grantee, its successors and assigns, for all purposes in fee simple forever, AND Grantor hereby covenants with Grantee and its heirs, legal representatives, successors and assigns that Grantor, at the time of the ensealing and delivery of these presents, is lawfully seized of said land in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey said land, and hereby warrants the title to said ]arid and will defend the same against the lawful claims of all persons claiming by, through or under the Grantor, but against no others. 0 IN TESTIMONY WHEREOF, Grantor has caused this Deed to be duly executed on its behalf as of the day, month and year first above written. 11Wwc . Notomol I - :..... w f'. n Fli J n J L E H 0 GRANTOR: LANE CLEARWATER LIMITED PARTNERSHIP, an Illinois limited partnership By: Lane Properties, Inc., WITNESS: its sole general partner ?ta•• rL? y S.R.M d. ( (t? Name: _ -!9 Title: -heasurer STATE OF % ) )ss. COUNTY OF ) I, a undersigned, a Notary Public in and r the County and State aforesaid, do hereby certify thahero , as the duly authorized v of Lane Properties, Inc., the general pa Lane learwater Limited Partnership, an Illinois limited partnership, and who is personally known to me @R-whe-presetuL- , personally appeared before me and acknowledged this Deed to be the act of the above named limited partnership and that he signed and delivered the same as such. Given under my hand and official seal thi??E day of 4??= 11+t7FFICIAL SEAL' `Name: k-5 .4-) L . \\vac.836:6O01 1 • 26M44 a SUSAN Pl.ICNTA Notary Public NOTARY t'tJ9UC STATE OF ?LUNOiS My commission expires: /b- /?-vZoa My Commission Expires tO11iJ2007 r r ,i Tract No. 1 d 13 f h , o t e That part of Block D, BAYSIDE SHORES, as recorded in Plat Book 58, Pages 12 an Public Records of Pinellas County, Florida, and adjacent land to the South described as follows: ' 04 ° ' " E 373 46 02 , . Beginning at the Northwesterly corner of said Block D, and run thence S 77 feet; thence along a curve to the right whose chord bears S 36° 31'01" E, 362.64 feet; art is 395.97 feet and radius is 275.00 feet for a Point of Beginning; thence N 77° 37'32" W, 167.56 ' feet; thence S 12° 22'28" W, 219.28 feet; thence S 54° 52'17" E, 173.50 feet; thence N 12° 22'28" E, 249.81 feet; thence S 77° 37'32" E, 10.0 feet; thence along a curve to the left whose chord bears N 08° 33'13" E, 36.65 feet, arc is 36.68 feet and radius is 275.00 feet to the Point of Beginning. j Tract No. 2 That part of Block D BAYSIDE SHORES as recorded in Plat Book 58, Pages 12 and 13, of the Public Records of Pinellas County, Florida, and adjacent land to the South described as follows: ' and run thence S 77° 46'02" E, 373.04 at the Northwesterly corner of said Block D innin Be , g g feet; thence along a curve to the right whose chord bears S 36° 31'01" E, 362.64 feet, arc is ' 395.97 feet and radius is 275.00 feet for a Point of Beginning; thence N 77° 37'32" W, 167.56 feet; thence S 12° 22128" W, 219.28 feet; thence N 54° 52'17" W, 108.06 feet; thence N 45° 00'00" W, 79.0 feet; thence along a curve to the left whose chord bears N 53° 29'53" W, 157.04 feet, arc is 157.61 feet and radius is 531.33 feet; thence N 61° 59'46" W, 177.08 feet; thence N ' 12° 40'00" E, along the Westerly line of said Block D, and its Southerly extension 260.51 feet to the Point of Beginning. ' Tracts l and 2 above described comprise of all Lots 1 and 2, Block D, BAYSIDE SHORES, as recorded in Plat Book 58, Pages 12 and 13, of the Public Records of Pinellas County, Florida, ' plus adjacent lands lying to the South of said Lots 1 and 2. ALL THE ABOVE BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWESTERLY CORNER OF SAID LOT 1; THENCE S 12° 40'00" W, 260.51 FEET; THENCE S 61° 59'46" E, 177.08 TO A POINT OF CURVE; THENCE ALONG THE ARC OF A' CURVE TO THE RIGHT RADIUS 531.33 FEET, ARC 157.61 FEET, CHORD BEARING S 53° 29'53" E, 157.04 FEET TO A POINT OF ' TANGENCY; THENCE S 45° 00'00" E, 79.00 FEET; THENCE S 54° 52'17" E, 281.56 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY OF CLEARWATER PASS AVENUE; THENCE NORTH 12° 22'28" E, ALONG SAID RIGHT-OF-WAY 249.81 FEET; THENCE S ' 770 37'32" E, 10.00 FEET TO A POINT ON A CURVE; THENCE ALONG THE ARC OF A CURVE TO THE LEFT CONCAVED TO THE WEST, RADIUS 275.00 FEET, ARC 432.65 FEET, CHORD BEARING N 32° 41'47" W, 389.39 FEET TO A POINT OF TANGENCY ON ° ' THE SOUTHERLY RIGHT-OF-WAY OF SOUTH GULFVIEW BLVD.; THENCE N 77 46'02" W, ALONG SAID RIGHT-OF-WAY 373.04 FEET TO THE POINT OF BEGINNING. -CHG02:20173372.v1 16/28104 3:04 PM E J !I 0 L C DEVELOPER'S QUALIFICATIONS C L L C r] L ?i it JMC COMMUNITIES Development Summary JMC Communities is an award-winning Pinellas County-based developer committed to environmental excellence and architectural beauty. The company was founded in 1972 by J. Michael Checzem, a St. Petersburg native and second-generation builder. JMC Communities employs 135 local residents, and is a full service development company. We believe that by controlling all aspects of the development process... from land planning... to construction... to sales... to management, we can achieve a level of consistent quality and service which might not otherwise be possible. Since 1972, JMC Communities has built over 3,700 quality condominium homes on the West Coast of Florida with a total sales value of approximately $550 million. In 2000, JMC expanded to Florida's East Coast where it is currently developing a 38-acre award winning community in Volusia County's New Smyrna Beach. JMC Communities has collected many awards throughout the years for superlative architectural design, community beautification and environmental excellence, including the 2000 Aurora Water-Wise Award for the Florencia, 1998 Builder of the Year award from the Contractors and Builders Association, the 1997 Community Beautification award for the Bacopa Bay community, the 1994 Environmental Excellence Award of Merit for the Dobbin Cay community, the 1994 Grand Prize/Design with Natives award from the Florida Native Plant Society for the Doobin Cay community, the 1994 Builder's Choice Design & Planning award for Cat's Point Pavilion, Do ON Cay, and the 1992 Environmental Excellence award for the Doobin Ca community. The following proudly profiles our communities: ' Belle Harbor... capturing all the character and charm of a Mediterranean seaside village, Belle Harbor will offer modern conveniences and luxury appointments in a unique, protected harbor setting. The village will consist of one tower with 96 homes and one tower with 66 homes, surrounded by 38 city & marina homes, including 65 boat slips. Minorca... beautifully placed between the Atlantic Ocean and the Indian River in the seaside town of New Smyrna Beach. The community, which broke ground in the Spring of 2001, will consist of 312 condominium homes among seven 9-story buildings. 10 Mandalay Beach Club... two towers rising from the white sands of Clearwater I Beach overlooking the Gulf of Mexico. This 156 condominium residence community with a resort flair was completed in October 2002. Florencia... located in the heart of downtown St. Petersburg was completed in 2001, and consists of 50 luxury condominium homes in a 20-story tower, all with views overlooking Tampa Bay. Hampton Inn & Suites... located across the street from Florencia in Downtown St. Petersburg, and completed in 2002. This 91-room Inn provides the community with quality accommodations and friendly service. ' 10 Meridian on Sand Key... located on the Gulf of Mexico in Clearwater consisting of 106 condominium homes with a total sales value of $56,000,000. The Grande on Sand Key... located on the Gulf of Mexico in Clearwater consists of 234 homes in two towers, with a sellout of $86,000,000. Bacopa Bay... located on Boca Ciega Bay in St. Petersburg consists of 188 condominium homes with a total sales value of $49,000,000. 10 Dolphin Cay... in St. Petersburg blends 315 condominium homes with 47 single- family home sites, and a total sales value of over $72,000,000. ' 10 HarbourSide... began construction in 1986, .consisting of 722 condominium homes in South Pasadena, with a total sales value of $85,800,000. ' 10 Pinebrook... is a 687 home community built around an 1.8-hole golf course in Bradenton with a total sales value of $54,200,000 completed in 1995. Pasadena Cove... consisting of 256 waterfront condominium homes broke ground in 1982 in South Pasadena, with a total sales value of $19,000,000. Wood Park at DeSoto Square... located in Bradenton is a 390 home community that began in 1981 with a total sales value of $21,800,000. Winston Park Northeast... consisting of 216 condominium homes with a total sales value of $12,000,000 is located in St. Petersburg, and was completed in 1980. 0 ?l n L Ci 09/29/04 1 1 1 S?LLE HARBOR = m m m m m m = m m m m m m m m m m m 1 1 1 I? 1 1 The Lure of f The Sea MANDALAY B E A C 11 C L U B 1lI mine" tlii Naito alai mail pro a a a I alai alai ` afl y 1 1 ?1 \ 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 , 141ffpp .,.. r*d ?_ xsf na y 1101 Irv, . OP ' , 4A s' 1 ' FM , . ............ . .. ...... ... ... * , In, vwrm? 1 t i 1 1 1 1 1 1 = t 1 ,a 01 of rr \q I 1 1 1 1 t t 1 iop m m ! A r m m m m m ! m m m m m m m m t t 1 j?c pA Alp ? s A Y t t t Wwkww- I t n DOLPHIN CAY r "Now L u 1 FLORIDA DESIGN CONSUL TAMS, INC. SunsDree Condominiums Master Drainage Report City of Clearwater Pinellas County, FLORIDA Prepared for: JMC Development 22014th Street North St. Petersburg, Florida 33704 January 25, 2005 sY'% FLORIDA DESIGN CONSULTANTS, INC. ENGINEERS, ENVIRONMENTALISTS, SURVEYORS & PLANNERS d7Gtau a C 400 10_,4 JAN 3 2005 3030 Starkey Blvd ` New Port Richey, FL 34655 '=- RE- NO, 14663 Job #655-01 ?` ' Table of Contents: 1. Narrative II. Existing Conditions CN and ICPR Runoff Output III. Existing Conditions ICPR Input Data IV. Proposed Conditions CN and ICPR Runoff Output V. Proposed Conditions ICPR Input Data VI. Filter Drawdown Analysis (Pond and Vault) VII. Storm Tab Calculations VIII. Appendix -Soil Survey Map -FIRM Map -Aerial I. Drainage Report Narrative General Overview: The proposed 15 story Sunspree Condominium project is located on a 5.31 acre site in Pinellas ' County, Florida (Section 17, Township 29 south, Range 15 east). The site is located at the southend of Clearwater Beach, and is bordered by Clearwater Pass. Gulf Boulevard and the Sand Key Bridge, serve as the sites boundaries to the north and east respectively. The site is currently being utilized ' as a Holiday Inn Hotel. The proposed condominium has a total of 149 residential units. The lower 2 floors will be utilized as parking, while the upper 13 will consist of residential units. Soil Survey Information: ' According to the SCS Soil Survey of Pinellas County, Florida, the soil found onsite is Made Land (Ma). See attached Soils Map. Flood Zone Information: According to FEMA Flood Information Rate Map number 12103C0I04G, the project is located within zone AE (NAVD 88 elevation 11). See attached FIRM Map. Existing Conditions: The proposed site is currently being utilized as a Holiday Inn Hotel, with one 10 story building and ' on 2 story building. There are two entrances to the site off of Gulfview Boulevard. The current hotel consists of 4 drainage basins, of which three of them drain to the city's storm sewer system(by sheet-flow out to Gulfview Boulevard or pipes), and the fourth one discharges into Clearwater Pass(by sheet-flow and pipes). Proposed Conditions: There is a vault and a pond proposed for the site. All roof run-off will be routed directly to the pond or vault, whichever is nearer. Greases and oils will be retained by skimmers in the proposed pond and vault. Both will have filter drains. The proposed vault will discharge to both the city's stormwater system and the proposed onsite pond. The max discharge, from the proposed site to the city's stormwater system, will not exceed the existing discharge to the system for the 25-year 24- hour storm event. The portion of the discharge from the vault, which does not go to the city system, will be routed to the proposed pond, and then over a weir into Clearwater Pass. Operation and Maintenance: The owner of the property will be responsible for operating and maintaining the proposed stormwater system. Attached is a copy of the letter outlining the operation and maintenance responsibilities, which was mailed to the owner. II. Existing Conditions CN and ICPR Runoff Output Pre-Development BASIN 1 OVERLAND TO CITY'S STORMWATER SYSTEM Area CN Total Roof/Sidewalk 0.13 98 12.74 Parking/Asphalt 0.23 98 22.54 Grass/islands 0.05 80 4 Weighted Total Area 0.41 Avg. CN 95.80 BASIN 2 PIPE TO CITY'S STORMWATER SYSTEM Area CN Total Roof/Sidewalk 0.12 98 11.76 Parking/Asphalt 0.55 98 53.9 Grass/Islands 0.08 80 6.4 Weighted Total Area 0.75 Avg. CN 96.08 BASIN 3 OVERLAND CITY'S STORMWATER SYSTEM Area CN Total Roof/Sidewalk 0.22 98 21.56 Parking/Asphalt 0.41 98 40.18 Grass/Islands 0.16 80 12.8 Weighted Total Area 0.79 Avg. CN 94.35 BASIN 4 PIPE TO GULF Area CN Total Roof/Sidewalk 0.32 98 31.36 Parking/Asphalt 0.6 98 58.8 Grass/islands 0.34 80 27.2 Weighted Total Area 1.26 Avg. CN 93.14 Son 49ree Simulation Basin Group Time Max Plow Max Volume Volume hrs cfs in ft3 Pre25 Basi.nl BASE 12.07 1.872 8.492 12638.049 Qj++f^ o t ? ?1 Pre25 Basi.n2 BASE 12.07 3.429 8.525 23210.355 ! Sf??M fr wc. j a Sir, 0 SyS e Pre25 Basi.n3 BASE 12.10 3.580 8.316 23849.015 O(/G/fG, ?U g f7e.c Pre25 Basi.n4 BASE 12.10 5.667 8.170 37367,876 ?falM ?e*,?c,r f`o ? ? ju :2E7 Interconnected Channel and Pond Routing Model (ICPR) 02002 Streamline Technologies, Inc. Page 1 of I III. Existing Conditions ICPR Input Data Basins ____====== ====---------- ------------------------- =-== ----------- = =====__ -------------- Name: Basinl Node1 Node: Status: Onsite Group: BASE Type: SCS Unit Hydrograph Unit Hydrograph: Uh256 Peaking Factor: 256.0 Rainfall File: Flmod Storm Duration(hrs): 24.00 Rainfall Amount(in): 9.000 Time of Conc(min): 15.00 Area(ac): 0.410 Time Shift(hrs): 0.00 Curve Number: 95.80 Max Allowable Q(cfs): 999999.000 ' DCIA(%): 0.00 ------------------------- Name: Basing ---------- ------------------------------ Node: Node2 ----------- Status: ------------------------ Onsite Group: BASE Type: SCS Unit Hydrograph Unit Hydrograph: Uh256 Peaking Factor: 256.0 Rainfall File: Flmod Storm Duration(hrs): 24.00 Rainfall Amount(in): 9.000 Time of Conc(min): 15.00 Area(ac): 0.750 Time Shift(hrs): 0.00 Curve Number: 96.08 Max Allowable Q(cfs): 999999.000 DCIA(%): 0.00 Name: Basin3 Node: Node3 Status: Onsite Group: BASE Type: SCS Unit Hydrograph Unit Hydrograph: Uh256 Peaking Factor: 256.0 Rainfall File: Flmod Storm Duration(hrs): 24.00 Rainfall Amount(in): 9.000 Time of Conc(min): 15.00 Area(ac): 0.790 Time Shift(hrs): 0.00 Curve Number: 94.35 Max Allowable Q(cfs): 999999.000 DCIA(%): 0.00 ------------------------- Name: Basin4 ---------- ------------------------------- Node: Node4 ------ ---- Status: ------------- - ------- Onsite Group: BASE Type: SCS Unit Hydrograph Unit Hydrograph: Uh256 Peaking Factor: 256.0 Rainfall File: Flmod Storm Duration(hrs): 24.00 Rainfall Amount(in): 9.000 Time of Conc(min): 15.00 Area(ac): 1.260 Time Shift(hrs): 0.00 Curve Number: 93.14 Max Allowable Q(cfs): 999999.000 DCIA(%): 0.00 s=S=-Hydrology Simulations -= Name: Pre25 Filename: K:\143\ProjData\DrnD ata\ICPR\Pre25.R32 Override Defaults: Yes Storm Duration(hrs): 24.00 Rainfall File: FLMOD Rainfall Amount(in): 9.00 Time(hrs) Print Inc(min) --------------- --------------- 30.000 15.00 ---- Routing Simulations i Name: Pre25 Hydrology Sim: Pre25 Filename: K:\143\ProjData\DrnData\ICPR\Pre25.I32 Execute: No Restart: No Patch: No Alternative: No Max Delta Z(ft): 1.00 Delta Z Factor: 0.00500 Time Step Optimizer: 10.000 Start Time(hrs): 0.000 End Time(hrs): 30.00 Min Calc Time (sec): 0.5000 Max Calc Time (sec): 30.0000 I Interconnected Channel and Pond Routing Model (ICPR) ©2002 Streamline Technologies, Inc. Page 1 of 2 Boundary Stages: Boundary Flows: Time(hrs) ------ - Print Inc(min) -- --- 30.000 --- --------------- 15.000 Group -- ---- Run - ----- BASE --- ----- Yes Boundary Conditions Interconnected Channel and Pond Routing Model (ICPR) ©2002 Streamline Technologies, Inc. Page 2 of 2 IV. Proposed Conditions CN and ICPR Runoff Output BASIN 1 Post-Development Area CN Total Roof/Sidewalk 1.88 98 184.24 Parking/Asphalt 0.93 98 91.14 Grass/Islands 0.27 80 21.6 *Note: The pond was excluded from this basin because its in a stormwater vault. Weighted Total Area 3.08 Avg. CN 96.42 BASIN 2 Area CN Total Roof/Sidewalk 0.81 98 79.38 Parking/Asphalt 0.3 98 29.4 Grass/Islands 0.19 80 15.2 Pond 0.07 100 7 Weighted Total Area 1.37 Avg. CN 95.61 BASIN 3 Area CN Total Mixed use 0.51 98 49.98 Weighted Total Area 0.51 Avg. CN 98.00 5t.t sr" rz?? is- Name Group Simulation Max Time Stage hrs Max Stage It Warning Max Delta Max Stage Stage ft It Surf Area ft2 Max Time Max Inflow Inflow hrs cfs Max Ti Outfl h BNDYgulf BASE Post25 0.00 2.500 4.000 0.0000 0 12.11 9.098 0. BNDYstreet BASE Post25 0.00 3.000 5.000 3.0000 0 12.17 8.767 0. PostNodel BASE Post25 12.17 6.133 6.500 0.0032 3180 12.00 13.161 12. PostNode2 BASE Post25 12.11 5.635 6.500 -0.0050 2208 12.10 9.101 12. PostNode3 BASE Post25 25.50 13.059 5.000 0.0050 1612 12.00 2.191 0. r Fr , r Interconnected Channel and Pond Routing Model (ICPR) ©2002 Streamline Technologies, Inc. Page 1 of 1 V. Proposed Conditions ICPR Input Data ___- Basins _______ ______ - ___=_____________________ ----------------- Name: BNDYstreet Node: BNDYstreet Status: Onsite Group: BASE Type: SCS Unit Hydrograph Unit Hydrograph: Uh256 Peaking Factor: 256.0 Rainfall File: Flmod Storm Duration(hrs): 24.00 Rainfall Amount(in): 9.000 Time of Conc(min): 15.00 Area(ac): 0.001 Time Shift(hrs): 0.00 Curve Number: 100.00 Max Allowable Q(cfs): 999999.000 DCIA(8): i 0.00 _________________________ Name: PostBasinl ______ __________________________________ Node: PostNodel ___________________________________ Status: Onsite Group: BASE Type: SCS Unit Hydrograph Unit Hydrograph: Uh256 Peaking Factor: 256.0 Rainfall File: Flmod Storm Duration(hrs): 24.00 Rainfall Amount(in): 9.000 Time of Conc(min): 15.00 Area(ac): 3.080 Time Shift(hrs): 0.00 Curve Number: 96.42 Max Allowable Q(cfs): 999999.000 DCIA(%): 0.00 Name: PostBasin2 Node: PostNode2 Status: Onsite Group: BASE Type: SCS Unit Hydrograph Unit Hydrograph: Uh256 Peaking Factor: 256.0 Rainfall File: Flmod Storm Duration(hrs): 24.00 Rainfall Amount(in): 9.000 Time of Conc(min): 15.00 Area(ac): 1.340 Time Shift(hrs): 0.00 Curve Number: 95.50 Max Allowable Q(cfs): 999999.000 DCIA(%): 0.00 ------------------------ Name• PostBasin3 ------- --------------------------------- Node: PostNode3 ---------------------------------- Status: Onsite Group: BASE Type: SCS Unit Hydrograph Unit Hydrograph: Uh256 Peaking Factor: 256.0 Rainfall File: Flmod Storm Duration(hrs): 24.00 Rainfall Amount(in): 9.000 Time of Conc(min): 15.00 Area(ac): 0.510 Time Shift(hrs): 0.00 Curve Number: 98.00 Max Allowable Q(cfs): 999999.000 DCIA(%): 0.00 =====Nodes Name: BNDYgulf Base Flow(cfs): 0.000 Ini t Stage(ft): 2.500 Group: BASE Warn Stage(ft): 4.000 Type: Time/Stage Time(hrs) Sta --------------- --------- ge(ft) ------ 0.00 2.500 3.00 2.500 _____------- --------- Name: BNDYstreet ------- ---------------------------------------------------------- Base Flow(cfs): 0.000 Init Stage(ft): 0.000 Group: BASE Warn Stage(ft): 5.000 Type: Time/Stage Time(hrs) Sta --------------- --------- ge(ft) ------ 0.00 3.000 6.00 3.000 ------------------------- Name: PostNodel ------- ---------------------------------------------------------- Base Flow(cfs): 0.000 Init Stage(ft): 5.220 Group: BASE Warn Stage(ft): 6.500 Interconnected Channel and Pond Routing Model (ICPR) 02002 Streamline Technologies, Inc. Pagel of 4 Type: Stage/Area Stage(ft) Ar --------------- --------- ea(ac) ------ 5.000 0.0700 6.000 0.0730 6.500 0.0730 Name: PostNode2 Base Flow(cfs): 0.000 In--it Stage(ft ): 5.400 Group: BASE Warn Stage(ft ): 6.500 Type: Stage/Area Stage(ft) Ar --------------- --------- ea(ac) ------ 5.000 0.0380 6.000 0.0580 6.500 0.0695 ------------------------- Name: PostNode3 ------------------------------- Base Flow(cfs): 0.000 -------------------- Init Stage(ft -------------- ): 3.000 Group: BASE Warn Stage(ft ): 5.000 Type: Stage/Area A -- --Stage(ft) --------- ) ------ 3.000 0.0370 4.500 0.0370 Pipes --- Name: From Node: Length(ft): 0.00 Group: BASE To Node: Count: 1 Friction Equation: Average Conveyance UPSTREAM DOWNSTREAM Solution Algorithm: Automatic Geometry: Circular Circular Flow: Both Span(in): 0.00 0.00 Entrance Loss Coef: 0.00 Rise(in): 0.00 0.00 Exit Loss Coef: 0.00 Invert(ft): 0.000 0.000 Bend Loss Coef: 0.00 Manning's N: 0.000000 0.000000 Outlet Ctrl Spec: Use do or tw Top Clip(in): 0.000 0.000 Inlet Ctrl Spec: Use do Bot Clip(in): 0.000 0.000 Stabilizer Option: None Upstream FHWA Inlet Edge Description: Circular Concrete: Square edge w/ headwall Downstream FHWA Inlet Edg e Description: Circular Concrete: Square edge w/ headwall, Drop Structures __®_===== = ===-= -----===== = = = Dropl Name: From NodeL PostNodel Length(ft): 290.00 Group: BASE To Node: PostNode2 Count: 1 UPSTREAM DOWNSTREAM Friction Equation: Average Conveyance Geometry: Circular Circular Solution Algorithm: Automatic Span(in): 24.00 24.00 Flow: Both Rise(in): 24.00 24.00 Entrance Loss Coef: 0.000 Invert(ft): 2.000 0.500 Exit Loss Coef: 0.000 Manning's N: 0.012000 0.012000 Outlet Ctrl Spec: Use do or tw Top Clip(in): 0.000 0.000 Inlet Ctrl Spec: Use do Bot Clip(in): 0.000 0.000 Solution Incs: 10 Upstream FHWA Inlet Edge Description: Circular Concrete: Square edge w/ headwall Downstream FHWA Inlet Edg e Description: Circular Concrete: Square edge w/ headwall I *** Weir 1 of 1 for Drop Structure Dropl *** I Interconnected Channel and Pond Routing Model (ICPR) ©2002 Streamline Technologies, Inc. Page 2 of 4 Count: 1 Bottom Clip(in): 0.000 Type: Vertical: Mavis Top Clip(in): 0.000 Flow: Both Weir Disc Coef: 3.200 Geometry: Rectangular Orifice Disc Coef: 0.600 Span(in): 240.00 Invert(ft): 5.220 Rise(in): 0.67 Control Elev(ft): 5.220 -------- ----------- -------------------- Name: WeirGulf From Node: PostNode2 Group: BASE To Node: BNDYgulf Flow: Both Count: 1 Type: Vertical: Mavis Geometry: Rectangular Span(in): 300.00 Rise(in): 9999.00 Invert(ft): 5.400 Control Elevation(ft): 5.400 TABLE Bottom Clip(in): 0.000 Top Clip(in): 0.000 Weir Discharge Coef: 3.200 Orifice Discharge Coef: 0.600 TABLE Name: WeirStreet From Node: PostNodel Group: BASE To Node: BNDYstreet Flow: Both Count: 1 Type: Vertical: Mavis Geometry: Rectangular Span(in): 144.00 Rise(in): 2.00 Invert(ft): 5.220 Control Elevation(ft): 5.220 TABLE Bottom Clip(in): 0.000 Top Clip(in): 0.000 Weir Discharge Coef: 3.200 Orifice Discharge Coef: 0.600 Hydrology Simulations ----------- -------------- Name: Post10 Filename: K:\143\ProjData\DrnData\ICPR\P0st10.R32 Override Defaults: Yes Storm Duration(hrs): 24.00 Rainfall File: Flmod Rainfall Amount(in): 7.50 Time(hrs) Print Inc(min) --------------- --------------- 30.000----------15.00---------- - ------------------------------------------------------------------- Name: Post25 Filename: K:\143\ProjData\DrnData\ICPR\Post25.R32 Override Defaults: Yes Storm Duration(hrs): 24.00 Rainfall File: Flmod Rainfall Amount(in): 9.00 Time(hrs) ------ Print Inc(min) ------ --- ----- 30.000 ----- 30.000 15.00 ====Routing Simulations =a-==®=Names=Post1O =====----=====Hydrology Sim Post10 Filename: K:\143\ProjData\DrnData\ICPR\PostlO.I32 Execute: No Restart: No Patch: No Interconnected Channel and Pond Routing Model (ICPR) 02002 Streamline Technologies, Inc. Page 3 of 4 Alternative: No Max Delta Z(ft): 1.00 Time Step Optimizer: 10.000 Start Time(hrs): 0.000 Min Calc Time(sec): 0.5000 Boundary Stages: Delta Z Factor: 0.00500 End Time(hrs): 30.00 Max Calc Time(sec): 30.0000 Boundary Flows: Time(hrs) ------- Print Inc(min) ------- 30.000 - --------------- 15.000 Group -------------- Run - -- BASE -- - Yes -------------- Name: ------------------------------- Post25 Hydrology ------------------------------------------------------- Sim: Post25 Filename: K:\143\ProjData\DrnData\ICPR\Post25.I32 Execute: Yes Restart: No Patch: No Alternative: No Max De lta Z(ft): 1.00 Delta Z Factor: 0.00500 Time Step Optimizer: 10.000 Start Time(hrs): 0.000 End Time(hrs): 30.00 Min Calc Time(sec): 0.5000 Max Calc Time(sec): 30.0000 Bounda ry Stages: Boundary Flows: Time(hrs) -------------- Print Inc(min) - --------------- 30.000 15.000 Group ------------- Run - -- - BASE - -- Yes Boundary Conditions Interconnected Channel and Pond Routing Model (ICPR) 02002 Streamline Technologies, Inc. Page 4 of 4 VI. Filter Drawdown Analysis (Pond and Vault) by: chk'd by: Sunspree Detention Pond Water Quality Treat Onsite Area [ac]: 1.36 Treat Offsite Area [ac]: 0.00 Treat Runoff Depth [in]: 0.8 Computed Runoff Depth [in]: 0.50 Treat Vol. (Onsite) [ac-ft]: 0.085 Treat Vol. (Offsite) [ac-ft]: 0.000 Add'l Treat Vol. [ac-ft]: 0 Total Treat Vol [ac-ft]: 0.085 Min littoral area [% NWL]: Depth of Treatment [ft]: 2.78 Minimum littoral area [acres]: Pond Stage/Storage Area at TOP [ac]: 0.070 Area at NWL [ac]: 0.005 Stage EL Area 6.50 0.07 5.40 0.05 5.00 0.05 4.00 0.03 3.50 0.02 3.00 0.01 2.62 0.01 TOP El [ft]: NWL EL [ft] Treat AccumVol 0.15 DLW 0.08 0.06 0.02 0.01 0.00 NWL 0.00 6.5 2.62 Attenuate AccumVol 0.14 0.08 0.06 0.02 0.01 0.00 Florida Design Consultants, New Port Richey FL PondTreat Volume.xls Sunspree-Pond 1/25/2005 11:42 AM SUNSPREE CONDOMINIUM DETENTION POND E h ^h V NGVD TOTAL INCR. TOTAL 5.40 3.53 XXXXXXXX 3,197 XXXXXXXX XXXXXXXX 0.28 XXXXXXXX 5.12 3.25 XXXXXXXX 2,690 XXXXXXXX XXXXXXXX 0.28 XXXXXXXX 4.84 2.97 XXXXXXXX 2,224 XXXXXXXX XXXXXXXX 0.28 XXXXXXXX 4.57 2.70 XXXXXXXX 1,800 XXXXXXXX XXXXXXXX 0.28 XXXXXXXX 4.29 2.42 XXXXXXXX 1,418 XXXXXXXX XXXXXXXX 0.28 XXXXXXXX 4.01 2.14 XXXXXXXX 1,077 XXXXXXXX XXXXXXXX 0.28 XXXXXXXX 3.73 1.86 XXXXXXXX 778 XXXXXXXX XXXXXXXX 0.28 XXXXXXXX 3.45 1.58 XXXXXXXX 521 XXXXXXXX XXXXXXXX 0.28 XXXXXXXX 3.18 1.31 XXXXXXXX 306 XXXXXXXX XXXXXXXX 0.28 XXXXXXXX 2.90 1.03 XXXXXXXX 132 XXXXXXXX XXXXXXXX 0.28 XXXXXXXX 2.62 0.75 XXXXXXXX 0 SIDE-DRAIN FILTER DRAWDOWN ANALYSIS ^V Lmin Lmax Lavg HYD. AREA FLOW AVG. ^T ET INCR. GRAD. FILTER Q=KIA FLOW INCR. TOTAL XXXXXXXX 2.00 2.00 2.00 1.7650 30.2 289.3 XXXXXXXX XXXXXXXX 0.0 507 XXXXXXXX XXXXXXXX XXXXXXXX XXXXXXXX XXXXXXXX XXXXXXXX 268.1 1.9 XXXXXXXX XXXXXXXX 2.00 2.00 2.00 1.6260 28.0 246.9 XXXXXXXX XXXXXXXX 1.9 466 XXXXXXXX XXXXXXXX XXXXXXXX XXXXXXXX XXXXXXXX XXXXXXXX 227.4 2.0 XXXXXXXX XXXXXXXX 2.00 2.00 2.00 1.4870 25.8 207.9 XXXXXXXX XXXXXXXX 3.9 424 XXXXXXXX XXXXXXXX XXXXXXXX XXXXXXXX XXXXXXXX XXXXXXXX 190.0 2.2 XXXXXXXX XXXXXXXX 2.00 2.00 2.00 1.3480 23.6 172.2 XXXXXXXX XXXXXXXX 6.2 382 XXXXXXXX XXXXXXXX XXXXXXXX XXXXXXXX XXXXXXXX XXXXXXXX 156.0 2.4 XXXXXXXX XXXXXXXX 2.00 2.00 2.00 1.2090 21.3 139.9 XXXXXXXX XXXXXXXX 8.6 341 XXXXXXXX XXXXXXXX XXXXXXXX XXXXXXXX XXXXXXXX XXXXXXXX 125.4 2.7 XXXXXXXX XXXXXXXX 2.00 2.00 2.00 1.0700 19.1 110.9 XXXXXXXX XXXXXXXX 11.3 299 XXXX XXX XXXXXXXX XXXXXXXX XXXXXXXX XXXXXXXX XXXXXXXX 98.1 3.0 XXXXXXXX XXXXXXXX 2.00 2.00 2.00 0.9310 16.9 85.3 XXXXXXXX XXXXXXXX 14.4 257 XXXXXXXX XXXXXXXX XXXXXXXX XXXXXXXX XXXXXXXX XXXXXXXX 74.1 3.5 XXXXXXXX XXXXXXXX 2.00 2.00 2.00 0.7920 14.7 63.0 XXXXXXXX XXXXXXXX 17.9 215 XXXXXXXX XXXXXXXX XXXXXXXX XXXXXXXX XXXXXXXX XXXXXXXX 53.5 4.0 XXXXXXXX XXXXXXXX 2.00 2.00 2.00 0.6530 12.4 44.1 XXXXXXXX XXXXXXXX 21.9 174 XXXXXXXX XXXXXXXX XXXXXXXX XXXXXXXX XXXXXXXX XXXXXXXX 36.3 4.8 XXXXXXXX XXXXXXXX 2.00 2.00 2.00 0.5140 10.2 28.5 XXXXXXXX XXXXXXXX 26.7 132 XXXXXXXX XXXXXXXX XXXXXXXX XXXXXXXX XXXXXXXX XXXXXXXX 22.4 5.9 XXXXXXXX XXXXXXXX 2.00 2.00 2.00 0.3750 8.0 16.3 XXXXXXXX XXXXXXXX 32.6 5.40 DLW (TOP OF TREATMENT VOLUME) 2.62 NWL (BOTTOM OF TREATMENT VOLUME) 1.87 ELEVATION OF CENTERLINE OF PIPE 1900 AREA @ DLW (s.f.) 400 AREA @ NWL(s.f.) 2 L min 2 L max 5.42 "K" (f./hr.) 8 REQUIRED UNDERDRAIN LENGTH 32.6 TIME FOR SYSTEM TO DRAW DOWN (36 HOURS = 72 HOURS WITH SAFETY FACTOR OF TWO) by: chk'd by: Sunspree Detention Vault Water Quality Treat Onsite Area [ac]: 3.10 Treat Offsite Area [ac]: 0.00 Treat Runoff Depth [in]: 0.8 Computed Runoff Depth [in]: 0.50 Treat Vol. (Onsite) [ac-ft]: 0.194 Treat Vol. (Offsite) [ac-ft]: 0.000 Add'l Treat Vol. [ac-ft]: 0 Total Treat Vol [ac-ft]: 0.194 Min littoral area [% NWL]: Depth of Treatment [ft]: 2.60 Minimum littoral area [acres]: Pond Stage/Storage Area at TOP [ac]: 0.074 Area at NWL [ac]: 0.074 Stage EL Area 6.50 0.07 5.40 0.07 5.22 0.07 5.00 0.07 3.50 0.07 3.00 0.07 2.62 0.07 TOP El [ft]: NWL EL [ft] Treat AccumVol 0.29 0.20 DLW 0.19 0.17 0.06 0.03 NWL 0.00 6.5 2.62 Attenuate AccumVol 0.26 0.18 0.16 0.15 0.04 0.00 SUNSPREE CONDOMINIUM DETENTION VAULT E h ^h V AV NGVD TOTAL INCR. TOTAL INCR. 5.22 3.35 XXXXXXXX 8,455 XXXXXXXX XXXXXXXX XXXXXXXX 0.26 XXXXXXXX 846 4.96 3.09 XXXXXXXX 7,610 XXXXXXXX XXXXXXXX XXXXXXXX 0.26 XXXXXXXX 846 4.70 2.83 XXXXXXXX 6,764 XXXXXXXX XXXXXXXX XXXXXXXX 0.26 XXXXXXXX 846 4.44 2.57 XXXXXXXX 5,919 XXXXXXXX XXXXXXXX XXXXXXXX 0.26 XXXXXXXX 846 4.18 2.31 XXXXXXXX 5,073 XXXXXX X XXXXXXXX XXXXXXXX 0.26 XXXXXXXX 846 3.92 2.05 XXXXXXXX 4,228 XXXXXXXX XXXXXXXX XXXXXXXX 0.26 XXXXXXXX 846 3.66 1.79 XXXXXXXX 3,382 XXXXXXXX XXXXXXXX XXXXXXXX 0.26 XXXXXXXX 846 3.40 1.53 XXXXXXXX 2,537 XXXXXXXX XXXXXXXX XXXXXXXX 0.26 XXXXXXXX 846 3.14 1.27 XXXXXXXX 1,691 XXXXXXXX XXXXXXXX XXXXXXXX 0.26 XXXXXXXX 846 2.88 1.01 XXXXXXXX 846 XXXXXXXX XXXXXXXX XXXXXXXX 0.26 XXXXXXXX 846 2.62 0.75 XXXXXXXX 0 XXXXXXXX SIDE-DRAIN FILTER DRAWDOWN ANALYSIS Lmin Lmax Lavg HYD. AREA FLOW GRAD. FILTER Q=KIA 2.00 2.00 2.00 1.6750 108.0 980.5 XXXXXXXX XXXXXXXX XXXXXXXX XXXXXXXX XXXXXXXX XXXXXXXX 2.00 2.00 2.00 1.5450 100.2 839.1 XXXXXXXX XXXXXXXX XXXXXXXX XXXXXXXX XXXXXXXX XXXXXXXX 2.00 2.00 2.00 1.4150 92.4 708.6 XXXXXXXX XXXXXXXX XXXXXXXX XXXXXXXX XXXXXXXX XXXXXXXX 2.00 2.00 2.00 1.2850 84.6 589.2 XXXXXXXX XXXXXXXX XXXXXXXX XXXXXXXX XXXXXXXX XXXXXXXX 2.00 2.00 2.00 1.1550 76.8 480.8 XXXXXXXX XXXXXXXX XXXXXXXX XXXXXXXX XXXXXXXX XXXXXXXX 2.00 2.00 2.00 1.0250 69.0 383.3 XXXXXXXX XXXXXXXX XXXXXXXX XXXXXXXX XXXXXXXX XXXXXXXX 2.00 2.00 2.00 0.8950 61.2 296.9 XXXXXXXX XXXXXXXX XXXXXXXX XXXXXXXX XXXXXXXX XXXXXXXX 2.00 2.00 2.00 0.7650 53.4 221.4 XXXXXXXX XXXXXXXX XXXXXXXX XXXXXXXX XXXXXXXX XXXXXXXX 2.00 2.00 2.00 0.6350 45.6 156.9 XXXXXXXX XXXXXXXX XXXXXXXX XXXXXXXX XXXXXXXX XXXXXXXX 2.00 2.00 2.00 0.5050 37.8 103.5 XXXXXXXX XXXXXXXX XXXXXXXX XXXXXXXX XXXXXXXX XXXXXXXX 2.00 2.00 2.00 0.3750 30.0 61.0 5.22 DLW (TOP OF TREATMENT VOLUME) 2.62 NWL (BOTTOM OF TREATMENT VOLUME) 1.87 ELEVATION OF CENTERLINE OF PIPE 3252 AREA @ DLW (s.f.) 3252 AREA @ NWL(s.f.) 2 L min 2 L max 5.42 "K" (f.lhr.) 30 REQUIRED UNDERDRAIN LENGTH 33.9 TIME FOR SYSTEM TO DRAW DOWN (36 HOURS = 72 HOURS WITH SAFETY FACTOR OF TWO) AVG. ^T ET FLOW INCR. TOTAL XXXXXXXX XXXXXXXX 0.0 909.8 0.9 XXXXXXXX XXXXXXXX XXXXXXXX 0.9 773.9 1.1 XXXXXXXX XXXXXXXX XXXXXXXX 2.0 648.9 1.3 XXXXXXXX XXXXXXXX XXXXXXXX 3.3 535.0 1.6 XXXXXXXX XXXXXXXX XXXXXXXX 4.9 432.1 2.0 XXXXXXXX XXXXXXXX XXXXXXXX 6.9 340.1 2.5 XXXXXXXX XXXXXXXX XXXXXXXX 9.3 259.1 3.3 XXXXXXXX XXXXXXXX XXXXXXXX 12.6 189.2 4.5 XXXXXXXX XXXXXXXX XXXXXXXX 17.1 130.2 6.5 XXXXXXXX XXXXXXXX XXXXXXXX 23.6 82.2 10.3 XXXXXXXX XXXXXXXX XXXXXXXX 33.9 VII. Storm-Tab Calculations 1127/2005 STORM SEWER HYDRAULICS Page: 1 System: SYS1 PROJECT CONDITIONS Number: 550-01 Organization: Florida Design Consultants, Inc. Outfail Tailwater Elevation: 6.15 Storm Event Runoff Coefficients Description: Sunspree (Holiday Inn Clwtr.) Designed by: BF Exit Loss at Ouffaii: 0.00 Zone Fr Area 1 Area 2 Area 3 Coun : Pinellas Checked b : Storm Sewer Control Elevatio 6.15 6 10 0.98 0.80 0.00 FROM TO Drainage Areas Tc Travel Inten. Total Flow cfs Inlet Elevations Pipe Elevations Fall Pie HGL Flow Velocity Capacity Mann'g Station Offset Inc. Sub- Sub- Time CA (Ob) Sum(Ob Inlet HGL HGL Height % Type 'N' Type Brls Len Total Total CIA Crown Line Width FL CA min min in/hr ac TOTAL Clear. Jnc Loss Flow Line ft in % (fps) cfs 01 02 0.00 DBI 1 230.00 0.16 0.16 0.16 0.12 0.12 0.10 0.00 0.00 0.00 15.00 1.92 6.38 0.25 0.00 0.00 1.61 1.61 6.25 6.21 0.04 0.00 6.21 6.20 4.20 3.10 2.20 1.10 0.010 1.100 24 24 0.004 0.478 Full 0.51 16.95 0.012 02 03 0.00 DBI 1 175.00 0.22 0.38 0.38 0.11 0.23 0.18 0.00 0.00 0.00 16.92 1.46 6.07 0.56 0.00 0.00 3.40 3.40 6.25 6.20 0.05 0.00 6.20 6.16 3.10 2.40 1.10 0.40 0.034 0.700 24 24 0.019 0.400 Full 1.08 15.50 0.012 03 10 0.00 DBI 1 30.00 0.21 0.59 0.58 0.13 0.36 0.29 0.00 0.00 0.00 18.38 0.00 5.86 0.87 0.00 0.00 5.10 5.10 6.25 6.16 0.09 0.00 6.16 6.15 2.40 2.20 0.40 0.20 0.013 0.200 24 24 0.043 0.667 Full 1.62 20.01 0.012 Units: ENGLISH ASAD-LT, copyright 1992-1997, Hiteshew Engineering Systems, inc. Portions of ASAD-LT were developed by international Engineering Consultants, Inc. T60v11.RPT 1/27/2005 STORM SEWER HYDRAULICS Page: 1 System: SYS2 PROJECT CONDITIONS Number. 550-01 Organization: Florida Design Consultants, Inc. Ouffall Tailwater Elevation: 6.15 Storm Event Runoff Coefficients Description: Sunspree (Holiday Inn Clwtr.) Designed by: BF Exit Loss at Outfall: 0.00 Zone Fr Area 1 Area 2 Area 3 Coun : Pinellas Checked b : Storm Sewer Control Elevatio 6.15 6 10 0.98 0.80 0.00 FROM TO Drainage Areas Tc Travel Inten. Total Flow cfs Inlet Elevations Pipe Elevations Fall Pie HGL Flow Velocity Capacity Mann'g Station Offset Inc. Sub- Sub- Time CA (Qb) Sum(Qb Inlet HGL HGL Height % Type 'N' Type Brls Len Total Total CIA Crown Line Width FL CA min min inlhr ac TOTAL Clear. Jnc Loss Flow Line ft in % s cfs 04 05 0.16 0.16 0.15 4.46 4.46 6.40 6.35 6.35 6.20 0.146 24 0.081 Full 0.00 0.30 0.30 0.24 15.00 1.35 6.38 0.39 2.52 3.80 2.80 2.22 18.27 0.012 DBI 1 180.00 0.00 0.00 0.00 6.98 0.05 0.00 1.80 0.80 1.000 24 0.556 05 20 0.13 0.29 0.29 0.00 4.46 6.40 6.20 6.20 6.15 0.049 24 0.109 Full 0.00 0.08 0.38 0.30 16.35 0.00 6.16 0.59 3.64 2.80 2.50 2.58 20.01 0.012 DBI 1 45.00 0.00 0.00 0.00 8.10 0.20 0400 0.80 0.50 0.300 24 0.667 Units: ENGLISH ASAD-LT, copyright 1992-1997, Hiteshew Engineering Systems, Inc. Portions of ASAD-LT were developed by International Engineering Consultants, Inc. T60v11.RPT VIII. Appendix m I S M m -i z C m 0 PINELLAS COUNTY, FLORIDA NO. 10 __.. ...,.....,., ?.,..,..ra wre aco,axim,tely positioned on this map. 1 " = 200' SUNSPREE GIS Data This drawing is comprised of data obtained from a variety of sources. It is for information purposes only and is not to be considered comprehensive for site-specific data. N A FLORIDA DESIGN CONSULTANTS, INC. ENGINEERS, ENVIRONMENTALISTS, SURVEYORS 6 PLANNERS pu- th 7966873851 95150 City of Clearwater 029322 DATE INVOICE NO. DESCRIPTION INVOICE AMOUNT DEDUCTION BALANCE 1-24-05 012405 300.00 .00 300.00 L Yz 1-24-05 I CHECK ? 29322 300.00 .00 300.00 NUMBER ?hnson, Pope, Bokor, Ruppel & Burns, LLP Clearwater, FL 33756 CITY OF CLEARWATER 045059.108146 2/7/2005 CITY OF CLEARWATER O?A Check Total 005924 300.00 300.00 • r- LONG RANGE PLANNING DEVELOPMENT REVIEW t 1. CITY OF CLEA-R-WATE.R. PLANNING DEPARTMENT POST OFFICE BOX 4748, CLEARWATER, FLORIDA 3375-4748 MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTLE AVENUE, CLEARWATEW, FLORIDA 33756 TELEPHONE (727) 562-4567 FAx (727) 562-4576 April 25, 2005 Mr. E. D. Armstrong III, Esquire Johnson, Pope, Bokor, Ruppel & Burns, LLP P. O. Box 1368 Clearwater, FL 33757-1368 RE: Development Order - Case Nos. FLD2005-01016/TDR2005-01017/PLT2005-00002 715 South Gulfview Boulevard Dear Mr. Armstrong: This letter constitutes a Development Order pursuant to Section 4-206.D.6 of the Community Development Code. On April 19, 2005, the Community Development Board reviewed your requests for (1) Termination of Status of Nonconformity for density for the existing 105-room hotel tower, located on 2.383 acres (density to be converted to 78 dwelling units); (2) Flexible Development approval to permit attached dwellings with reductions to the front (north along S. Gulfview Blvd.) setback from 15 feet to 11.88 feet (to security guard house) and from 15 feet to 6.42 feet (to pavement), a reduction to the front (east along Gulf Blvd.) setback from 15 feet to zero feet (to pavement), a reduction to the side (west) setback from 10 feet to 4.29 feet (to pavement), a reduction to the side (south) setback from 10 feet to zero feet (to boardwalk), an increase to building height from 35 feet to 150 feet (to roof deck) with an additional 11 - 21 feet for decorative mansard architectural embellishments and a deviation to allow a building within visibility triangles, as a Comprehensive Infill Redevelopment Project, under the provisions of Section 2-803.C; (3) Transfer of Development Rights of 10 units from 41 Devon Drive and three units from the Sandpearl project located generally at 500 Mandalay Avenue, under the provisions of Section 4-1402 (TDR2005-01017); and (4) Preliminary Plat for one lot (PLT2005-00002). The Community Development Board (CDB) APPROVED the applications with the following bases and conditions: Bases for Approval: 1. The proposal complies with the Termination of Status of Nonconformity for density per Section 6- 109; 2. The proposal complies with the Flexible Development criteria as a Comprehensive Infill Redevelopment Project per Section 2-803.C; 3. The proposal is in compliance with other standards in the Code including the General Applicability Criteria per Section 3-913; 4. The proposal complies with Beach by Design; 5. The proposal complies with the Transfer of Development Rights per Section 3-1403; 6. The proposal complies with the Preliminary Plat provisions of the Code; and BRIAN J. AUNGST, MAYOR-COMMISSIONER HOYT HAMILTON, VICE MAYOR-COMMISSIONER WHITNEY GRAY, COMMISSIONER FRANK HIBBARD, COMMISSIONER BILL JONSON, COMMISSIONER "EQUAL EMPLOYMENT AND AFFIRMATIVE ACTION EMPLOYER .r_ , i April 25, 2005 Armstrong - Page Two 7. The proposal is compatible with the surrounding development and will assist in the redevelopment of properties within the immediate vicinity. Conditions of -Mroval: 1. That the final design and color of the building be consistent with the conceptual elevations submitted to, or as modified by, the CDB; 2. That, while the proposal is for a total of 151 dwelling units, only a maximum of 149 dwelling units be constructed on this site. The two remaining dwelling units cannot be constructed on-site and cannot be transferred off-site in the future; 3. That application for a building permit shall be made within two years of Flexible Development approval (April 19, 2007) and all required certificates of occupancy shall be obtained within two years of the date of issuance of the building permit; 4. That the applicant convey, at no cost to the City, to the City of Clearwater the property located at 41 Devon Drive upon the earlier of (a) 45 days after the applicant's receipt of notice from the City or (b) the date a building permit is issued for the construction of the improvements for this site. The applicant shall demolish, at no cost to the City, all site improvements within 30 days notice from the City. The applicant shall construct, at no cost to the City, a parking lot on the property, after the City obtains all necessary design approvals and permits (any meters shall be the responsibility of the city); 5. That a 10-foot wide sidewalk within the South Gulfview Boulevard right-of-way be designed and constructed for the site frontage in accordance with Beach Walk design specifications. The developer and City may agree on an alternate construction schedule or the provision of payment in lieu of construction; 6. That future signage meet the requirements of the Code and any future freestanding sign be a monument-style sign a maximum four feet in height, designed to match the exterior materials and color of the building; 7. That the maximum height of the fence along South Gulfview Boulevard and Gulf Boulevard be six feet, including columns; 8. That prior to the issuance of any building permits, the distance from the face of the gate arm to the back edge of the sidewalk within the South Gulfview Boulevard right-of-way at the western driveway be a minimum of 40 feet; 9. That a special warranty deed, specifying the number of dwelling units being conveyed or sold from 41 Devon Drive and from the Sandpearl project (generally located at 500 Mandalay Avenue) and being transferred to this site, be recorded prior to the issuance of any permits for this project. The special warranty deed shall also contain a covenant restricting in perpetuity the use of all platted lots at 41 Devon Drive and at the Sandpearl project due to the transfer of development rights. Any mortgage holder of the sending site (41 Devon Drive and the Sandpearl project) shall consent to the transfer of development rights prior to the issuance of any permits; 10. That the cabanas on the ground floor be used for storage only, in compliance with all Federal Emergency Management Administration (FEMA) rules and guidelines. Evidence of this restriction of use, embodied in condominium documents, homeowner's documents, deed restrictions or like forms, shall be submitted to the Building Official prior to the issuance of the first Certificate of Occupancy; 11. That sea-turtle friendly light fixtures be employed with the site design, with compliance demonstrated on plans acceptable to the Environmental Division, prior to the issuance of building permits; - r' April 25, 2005 Armstrong - Page Three 12. That all proposed utilities (from the right-of-way to the proposed building) be placed underground. Conduits for the future undergrounding of existing utilities within the abutting right-of-way shall be installed along the entire site's street frontages prior to the issuance of a Certificate of Occupancy. The applicant's representative shall coordinate the size and number of conduits with all affected utility providers (electric, phone, cable, etc.), with the exact location, size and number of conduits to be approved by the applicant's engineer and the City's Engineering Department prior to the commencement of work; 13. That all applicable requirements of Chapter 39 of the Building Code be met related to seawall setbacks; 14. That a Final Subdivision Plat be recorded prior to the issuance of any permits and a condominium plat be recorded prior to the issuance of the first Certificate of Occupancy; 15. That all Parks and Recreation fees be paid prior to the issuance of any permits; and 16. That all Fire Department requirements be met prior to the issuance of any permits. Pursuant to Section 4-407, an application for a building permit shall be made in compliance with Condition #3 above (April 19, 2007). All required certificates of occupancy shall be obtained within the time frame listed above in Condition #3. Time frames do not change with successive owners. The Community Development Coordinator may grant an extension of time for a period not to exceed one year and only within the original period of validity. The Community Development Board may approve one additional extension of time after the community development coordinator's extension to initiate a building permit application. The issuance of this Development Order does not relieve you of the necessity to obtain any building permits or pay any impact fees that may be required. In order to facilitate the issuance of any permit or license affected by this approval, please bring a copy of this letter with you when applying for any permits or licenses that require this prior development approval. Additionally, an appeal of a Level Two approval (Flexible Development) may be initiated pursuant to Section 4-502.B by the applicant or by any person granted party status within 14 days of the date of the CDB meeting. The filing of an application/notice of appeal shall stay the effect of the decision pending the final determination of the case. The appeal period for your case expires on May 3, 2005 (14 days from the date of the CDB meeting). 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. *Make Us Your Favorite! Sincerely, Mic ael Del , Planning Director S: (Planning DepartmenhCD BIFLEX (FLD)Unactive or Finished ApplicationslGulfview S 0715 Sunspree Condominiums (7) - ApprovedlCnulfview S 0715 Development Order.doc