FLD2005-01016; TDR2005-01017; PLT2005-00002FLD2005-01016; TDR2005-01017; PLT2005-00002
715 GULFVIEW BLVD S
SUNSPREE GREEN LTD
FROM :CityOfClearwater-Plan Pe
I
FAX NO. :727 562 4865 n``.'' 24 2005 01:04PM P2
CITY OF CLEARWATER..
APPLICATION FOR TRANSFER OF
DEVELOPMENT RIGHTS
PLANNING & DEVELOR"ENT SERVICM
ORIGNALMUNICIPAL SERVIC
(8 iMYR6? 7 VENUE, 2n0 FWOR
PH S 8 3D 612-45100 6? SOFAX UTH
AGENT INFORMATION:
APPucANrs NAME
MAILING ADDRESS
PHONE NUMBER
AGENT NAME
MAILING ADDRESS
PHONE NUMBER Sunspree Green, LLC
50 North Water Street, South Norwalk, CT 06854
(203)354-5030 FAX NUMBER: (203)354-5060
E. D. Armstrong III,,Esquire
Johnson, Pope, Bokor, Ruppel & Burns, LLP
P. 0, Box 1368. Clearwater, FL 33757-1368
(727) 461-1818 FAX NUMBER : (727) 462-0365
SITE TO WHICH THE TDR WILL BE TRANSFERRED (receiver site):
Sunspree Green, LLC
PROPERTY OWNER
MAILING ADDRESS 50 North Water Street, South Norwalk, CT 06854
PHONE NUMBER (203) 354-5030 FAX NUMBER : (203) 354-5060
LEGAL DESCRIPTION See Exhibit "A" attached.
pP IN METER ANO BOUNDS, ATTACH A SEPARATE SHEET)
715 South Gulfview Boulevard
STREET ADDRESS
?}
2005
17/29/15/05076/004/0010 MAR 10
PARCEL NUMBER
ZONING DISTRICT T
SIZE OF SITE 4.383 acres upland, .93 acre open space
CURRENT USE OF THE 216-room hotel
PROPERTY
•
I # OF HOTEL ROOMS, DWELLING UNITS, COMMERCIAL FLOOR AREA, VACANT)
See attached density table
HOW MANY DEVELOPMEN T RIGHTS ARE ALLOCATED TO THIS SITE?
HOW MANY DEVELOPMENT RIGHTS ARE BEING TRANSFERRED? 1 3 units TO the site *
HAVE DEVELOPMENT RIGH TS PREVIOUSLY BEEN TRANSFERRED TO OR FROM THIS PROPERTY? YES X NO
IF YES, NOW MANY DEVELOPMENT RIt3HTS HAVE BEEN TRANSFERRED? N/A
IS A HEIGHT INCREASE REQUESTED? X YES NO IF YES, HEIGHT REQUESTED: 149'6" to roof deck**
*10 units from 41 Devon Drive Page 1 or 2
3 units from Sandpearl
** and architectural embellishment ranging from 11' to 21' above roof deck
t FROM :CityOrClearwater-Plan Deb
FAX NO. :727 562 4865 an. 24 2005 01:04PM P3
SITE MM WHICH THE TDR WILL BE TRANSFERRED (sender site):
PROPERTY OWNER DAM Devon LLC, a Connecticut limited liability company
MAILING ADDRESS : 30 Jelliff Lane, Southport, CT 06890
PHONE NUMBER 203-256-7788 FAX NUMBER: 203-256-7787
LEGAL DESCRIPTION See Exhibit "A" attached.
(IF IN METWS AND SOUNDS, ATTACH A SRPARATR SHEET}
41 Devon Drive
STREET ADDRESS
08/29/15/17550/002/0011
PARCEL NUMBER
ZONING DISTRICT T
15,468 sq. ft. (.35 acre) -
SIZE OF SITE
CURRENT USE OF THE
PROPERTY Sea Air Motel
•
(N OF HOTEL ROOMS, DWELLIHO UNITS, COMMERCIAL FLOOR AREA, VACANT)
HOW MANY DEVELOPMENT RIGHTS ARE ALLOCATED TO THIS SITE? 10 units R
1 A L
-
HOW MANY DEVELOPMENT RIGHTS ARE BEING TRANSFERRED? 10 units
HAVE DEVELOPMENT RIGHTS PREVIOUSLY BEEN TRANSFERRED TO OR FROM THIS PROPERTY? YES X NO
THE FOLLOWING INFORMATION MUST BE SUBMITTED WITH THE APPLICATION:
_ COPY OF THE WARRANTY DEED OF OWNERSHIP OR CONTRACT TO PURCHASE THE RECEIVER SITE;
_ STATEMENT THAT THE DEED OF TRANSFER WILL BE RECORDED PRIOR TO THE ISSUANCE OF A BUILDING PERMIT.
_ STATEMENT THAT THE DEVELOPMENT RIGHTS REFLECTED IN THE INSTRUMENT OF CONVEYANCE HAVE NOT BEEN CONVEYED
TO ANOTHER PERSON.
STATEMENT THAT THE DEVELOPMENT RIGHTS HAVE NOT BEEN PREVIOUSLY USED OR EXERCISED BY ANOTHER PERSON.
_ SEALED SURVEY FOR BOTH THE SENDER AND THE RECEIVER SITES WITH THE SQUARE FOOTAGE OR ACREAGE OF EACH SITE.
_ COPY OF THE ZONING MAPS WITH SENDER AND RECEIVER SITE CLEARLY HIGHLIGHTED AND LABELED
I, the undersigned, acknowledge that all
representations made in this application
are true and accurate to the best of my
knowledge.
Sign Of p erty owner or representatiye
E. D. Armstrong III
STATE OF FLORIDA, COUNTY OF PINEL?AhS
Sworn to and subscribed before me this t day of
March , A_D,, -ZU7-" to me and/or
by E. D. Armstrong III , who Is personally
known hKK NMI
XMNNMWX
`Notary Obllc,
my commission eVires;
Jayne E. Sears
R4 °« MY COMMISSION # DD0410
Page 2 of 2
BONDED THRU TROY FAIN INSURANCE,INC.
I
1 0 0
AFFIDAVIT TO AUTHORIZE AGENT:
DAM DEVON LLC, a Connecticut limited liability company
(Names of all property owners on deed - please PRINT full names)
t. That (I am/we are) the owner(s) and record title holder(s) of the following described property (address or general location):
41_- Devon Drive
2. That this property constitutes the property for which a request for a: (describe request)
Transfer of development rights
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 (fte), the undersigned authority, hereby certify that the foregoing i correct.
DAM DEVN LLC, a Connecticut limited
liabili company
Property Oyer Y
By.
roperty0 er David A. Mack, Manager
wner
Property Owner
STATE OF CONNECTICUT )
COUNTY OF FAIRFIELD
CRNrsEx f 1CLC7
Sefo a me the under ' an officer duly commissio d b , I ws f the tate fda on this da of
Marc personally appeared aid. iacr as Manager* y
who having been fir t duly sworn
Deposes and says that he/she fully understands the contents of the affidavit that he/ signed.
* of DAM DEVON LLC, a Connecticut limited ? ?. ?
liability company otary Public
My Commission Expires: )Nary E. Wetlton
NOTARY PUBLIC
State of Connecticut
My Commission Expires 8/31/08 ARIGINAL
SAPlanning DepartmentlApplicatioii`FOrrnsldevelopmenr rrviewltlexible development application 2005.doc
L t
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0 0
EXHIBIT "A"
MAR 10 2005
RECEIVER SITE
LEGAL DESCRIPTION:
Tract No. 1
ORIGINAL
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 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
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.
(??' G`A r? MAR 10 2005
0 0
Sender Site
41 Devon Drive
Lot 1, less the West 110 feet thereof, Block B, Columbia Subdivision, according
to the map or plat thereof recorded in Plat Book 23, Page 60, Public Records of
Pinellas County, Florida.
MAR 10 2005
ORIGINAL
Prepared by. •
PA Berry
Title Clearinghouse
2635 McCormick Dr., Ste. 101
Clearwater, Florida 33759
File Number. U-6621-1
0 2005
V f ??.1-1 Irl n,
General Warranty Deed
Made this February 23, 2005 A.D. By Krystynn Brzexny a single woman, 1543 Cindy Lane, Clearwater, Florida 33755, hereinafter
called the grantor, to DAM DEVON LLC, a Connecticut Limited Liability Company, whose post office address is: 41 Devon Drive,
Clearwater Beach, Florida 33767, hereinafter called the grantee:
(Whenever used herein the term 'grantor' and 'graruee" include all nu parties to this inmWneni and tiro heirs, It$ai mpmsontatives and assigns of
individuals, and the successors and xsigns of corporWom)
Witnesseth, that the grantor, for and in consideration of the sum of Ten Dollars, ($10.00) and other valuable
considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, convoys and confirms
unto the grantee, all that certain land situate in Pinellas County, Florida, viz:
Lot 1, less the West 110 fiat thereof, Block B, COLUMBIA SUBDIVISION, according to the map or plat thereof recorded in plat
Book 23, Page 60, Public Records of Pinellas County, Florida.
Said property is not the homestead of the Grantor(s) under the laws and constitution of the State of Florida in that neither Grantor(s) or any
members of the household of Grantor(s) reside thereon.
Parcel ID Number 011/29/15/17550/002/0011.
Together with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining.
To Have and to Hold, the same in fee simple forever.
And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the
grantor has good right and lawfiil authority to sell and convey said land; that the grantor hereby fully watrams the title to said land and will
defend the saw against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances except taxes accruing
subsequent to December 31, 2004.
In Witness Whereof, the said grantor has signed and sealed these presents the day and year first above written.
Signrect sealed and delivered in our presence:
Witness PrinW Nam
/51 JA , A
Iq -- IN
Witnacs Pti ?
State of Florida
County of Pinellas
(Seal)
Krystyna y --
Addrew 1543 Cindy Lane, Clearwater, Florida 33755
(Seal)
Address:
The foregoing instrument was acknowledged before me this 23nd day of February, 2005, by Krya a Brzezny,a single woman, who is/are
personally known to me or Who has produced drivers license as idendfication. :.-
Notary PaMie
Edward A. Betty, 3r. PriatN.rK;
'"v'"" , Commission ODD230461
Expires: Iasi 04, 2007 My Covanission Espirest
%?yr Bonded Thru
"••?°:rr?` 1 Atlantic Bonding Co., inc.
DEED Individual Warranty Deed With Nnn-l-fornesteRd-Upi on Face
Closers' Choice
0 ORIGINAL *
OR 10 2005
AFFIDAVIT OF OWNER
STATE OF CONNECTICUT )
COUNTY OF FAIRFIELD
BEFORE ME, the undersigned authority duly authorized to administer oaths and take
acknowledgments, personally appeared DAVID A. MACK as Manager of DAM DEVON LLC, a
Connecticut limited liability company ("Company"), who 's personall known to me
] and who, being first duly sworn, deposes and says that:
1. Company is the owner of the real property described on Exhibit "A" attached
hereto and incorporated herein ("Sender Site"), which is the "Sender Site" in that certain
Application for Transfer of Development Rights (the "Application") submitted to the City of
Clearwater by Sunspree Green, LLC ("Applicant").
2. Owner is the owner of the 10 units (collectively, "Development Rights") which
are proposed to be transferred as described in the Application.
3. As of the date of this Affidavit, the Development Rights have not been
transferred to any other person or entity.
4. As of the date of this Affidavit, the Development Rights are in use on the
Sender Site. The proposal for the project is (i) the Sender Site together with the Development
Rights will be purchased by Applicant and (ii) the use of the Development Rights on the Sender
Site will cease prior to transfer of the Development Rights to the Receiver Site.
5. In the event the Application is approved, a special warranty deed transferring
the Development Rights will be recorded in the Public Records of Pinellas County, Florida, prior
to issuance of a building permit.
FURTHER AFFIANT SAITH NOT.
DAM D#VQN LLC, a C,_6kecticut limited
SWORN TO,
before me this March`I+t, 2005.
oN" tary Publi Mary E. Walton
U NOTARY PUBLIC
Print name: t
My Commission Exptms 8/31/08
My commission expires:
03/08105 04:25 PM d-1
45059.108146
#337200 v2 - Sunspree/Aff of Owner
0 0
EXHIBIT "A"
Lot 1, less the west 110' thereof, Block B, Columbia Subdivision, as recorded in
Plat Book 23, Page 60, of the Public Records of Pinellas County, Florida.
kA Oa 10 INS
FROM :CityOfClearwater-Plan
FAX NO. :727 562 4865 Jan. 24 2005 01:04PM P2
CITY OF &RWATER.
APPLICATION FOR TRANSFER OF
DEVELOPMENT RIGHTS
PLANNING & DEVELOFM MT SERVICES
MUNICIPAL SMVICES BUILDINl3 100 SOUTH MYRTLE AVENUE, 2- FLOOR
PHONE (813)-562-4567 FAX (813) 562-4576
MAR 10 2005
APPLICANT AND AGENT INFORMATION:
APPLICANT'S NAME Sunspree Green, LLC
50 North Water Street, South Norwalk, CT 06854
MAILING ADDRESS
PHONE NUMBER (203) 354-5030 FAX NUMBER : (203) 354-5060
AGENTNAME E. D. Armstrong III, Esquire
Johnson, Pope, Bokor, Ruppe & Burns, LLP
MAILING ADDRESS P. 0. Box 1368. Clearwater. FL 33757-1368
PHONE NUMBER (727) 461-1818 FAX NUMBER : (727) 462-0365
SITE TO WHICH THE TDR WILL BE TRANSFERRED (receiver site):
Sunspree Green, LLC ,
PROPERTY OWNER
MAILING ADDRESS 50 North Water Street, South Norwalk, CT 06854
PHONE NUMBER (203) 354-5030 FAX NUMBER : (203) 354-5060
LEGAL DESCRIPTION See Exhibit "A" attached.
pf IN METES AND BOUNDS, ATTACH A SEPARATE SHEET)
715 South Gulfview Boulevard
STREET ADDRESS
17/29/15/05076/004/0010
PARCEL NUMBER
ZONING DISTRICT T
SIZE OF SITE 4.383 acres upland, .93 acre open space
CURRENT USE OF THE 216-room hotel
PROPERTY
•
18 OF HOTEL ROOMS, DWELLING UNITS, COMMERCIAL FLOOR AREA. VACANT)
HOW MANY DEVELOPMENT RIGHTS ARE ALLOCATED TO THIS SITE? See attached density table.
HOW MANY DEVELOPMEN T RIGHTS ARE BEING TRANSFERRED? 13 units TO the site *
HAVE DEVELOPMENT RIGHTS PREVIOUSLY BEEN TRANSFERRED TO OR FROM THIS PROPERTY? YES X NO
IF YES, HOW MANY DEVELOPMENT RIGHTS HAVE BEEN TRANSFERRED? N/A
IS A HEIGHT INCREASE REQUESTED? X YES NO IF YES, HEIGHT REQUESTED: 149'6" to roof deck**
*10 units from 41 Devon Drive Page 1of2
3 units from Sandpearl
** and architectural embellishment ranging from 11' to 21' above roof deck
FROM :CityOfClearwater-Plan
FAX NO. :727 562 4865
d....
a
0
n. 24 2005 01:H4PM P3
MAR 10 2005
SITE FRWMWHICH THE TDR WILL BE TRANSFERRED (sender site):
PROPERTY OWNER CBR Development II, LLC
2201 4th Street North, Suite 200, St. Petersburg, FL 33704-430
MAILING ADDRESS
PHONE NUMBER 727- 823-0022 FAX NUMBER 727-821-2007
LEGAL DESCRIPTION See Exhibit "A" attached.
OF IN METRE AND BOUNDS, ATTACH A SOPARATO SHMM
STREET ADDRESS Portion of south block of Sandpearl project
08-29-15-16398-000-0010 08-29-15-16398-000-0090
PARCELNUMBER 08-29-15-16398-000-0060
ZONING DISTRICT T
SIZE OF SITE See survey
CURRENT USEOFTHE Vacant - Portion of approved Sandpearl project, approved 1/20/0
PROPERTY
• IN OF HOTEL ROOMS, DWELLING UNITS, COMMERCIAL FLOOR AREA, VACANT)
HOW MANY DEVELOPMENT RIGHTS ARE ALLOCATED TO THIS SITE? 120-unit condominium
HOW MANY DEVELOPMENT RIGHTS ARE BEING TRANSFERRED? 3 units
HAVE DEVELOPMENT RIGHTS PREVIOUSLY BEEN TRANSFERRED TO OR FROM THIS PROPERTY? X YES NO
THE FOLLOWING INFORMATION MUST BE SUBMITTED WITH THE APPLICATION:
_ COPY OF THE WARRANTY OECD OF OWNERSHIP OR CONTRACT TO PURCHASE THE RECEIVER SITE;
_ STATEMENT THAT THE DEED OF TRANSFER WILL BE RECORDED PRIOR TO THE ISSUANCE OF A BUILDING PERMIT.
_ STATEMENT THAT THE DEVELOPMENT RIGHTS REFLECTED IN THE INSTRUMENT OF CONVEYANCE HAVE NOT BEEN CONVEYED
TO ANOTHER PERSON.
STATEMENT THAT THE DEVELOPMENT RIGHTS HAVE NOT BEEN PREVIOUSLY USED OR EXERCISED BY ANOTHER PERSON.
_ SEALED SURVEY FOR BOTH THE SENDER AND THE RECEIVER SITES WITH THE SQUARE FOOTAGE OR ACREAGE OF EACH SITE.
_ COPY OF THE ZONING MAPS WITH SENDER AND RECEIVER SITE CLEARLY HIGHLIGHTED AND LABELED
I, the undersigned, acknowledge that all
representations made In this application
are true and accurate to the best of my
knowledge.
signature of property owner or representative
E. D. Armstrong III
Representative
STATE OF FLORIDA, COUNTY OF PIN
Sworn to and subscribed before me this day of
January , A.D., tW 2005 to me and/or
by E. D. Armstrong III , who Is personally
known bosgi md=edxx tax
tfd&?421k
?_jl1
Notay 2 I ?' . .. ... ....... .. cw?
publc,
my commission expires;
LINDA R. CUNNINGHAM
EXPIRES: July 4, 2008
Bonded Thru Notary Public Underwrttem
Page 2 of 2
r:
E
AFFIDAVIT TO AUTHORIZE AGENT:
CBR- DEVELOPMENT II, 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):
See Exhibit "A" attached.
2. That this property constitutes the property for which a request for a: (describe request) -
Application for transfer of development rights (sender site)
3. That the undersigned (has/have) appointed and (does/do) appoint E. D. Armstrong III, Esquire, and
Johnson, Pope, Bokor, Ruppel & Burns, LLP
as (hisrtheir) 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 (Uwe), the undersigned authority, hereby certify that the foregoing is true and correct.
CBR DEVELOPMENT II, LLC
By: CBR COMMUNITIES:II, LTD.
Properg_Owr'eJMC CO ITIES OF CLEARWATER VI,
YY?: INC,
Property Owner
By:
Property Omer ichael Cheezem
As: -Piesident
Property Owner
STATE OF FLORIDA )
COUNTY OF.PINELLAS )
Before me the undersigned, an officer duly commissioned by the laws of the State of Florida, on this L L4 -#I, day of
n , ry , 2()08 personally appeared j,K'% Lvxn C,t C kiec-LtYy-, * who having been first duly swom
Deposes and says that he/she fully understands the contents of the affidavit that he/she signed
*as -ye'-s %JCV- - of JMC Communities of d
Clearwater: VI, Inc., Manager of CBR Communities I , Public
My Commission Expires: Notary
Ltd., Manager of CBR Development II, LLC, Gail M. Cooper 113
s Ga M. COOPER
•:?? MY COMMISSION # DD 107231
4 , EXPIRES: May 14,2M
BV40d Ttxu N*ry PWpc tMdwwrd ,s
S:IP/annhV 0" finentiApplicstion Formsideve/opment reviewVtexible development application 1005.doc
MAR 10 N95 ORIGINAL
n
E
AFFIDAVIT TO AUTHORIZE AGENT:
SUNSPREE GREEN LLC
(Names of all property owners on deed - please PRINT full names)
.1. That (I amMre are) the owner(s) and record titre holder(s) of the following described property (address or general location):
715 South Gulfview Boulevard, Clearwater
2. That this property constitutes the property for which a request for a: (describe request)
Application for transfer of development rights (receiver site)
D. Armstrong III,.Esquire, and
E.
3. That the undersigned (has/have) appointed and (does/do) appoint:
Johnson, Pope. Bokor. Ruopel & Burns. LLP
as (his/their) agent(s) to execute any petitions or other documents necessary th affect such petition;
4. That tNs 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 (Uwe), the undersigned authority, hereby certify that the foregoing Is true and correct.
SUNSPREE G 'EN LLC
By : ???"
Property Owner
Property Owner
Property Owner
? Property Owner
STATE OF
COUNTY OF.
(?cc?iCUt-
Before me the undersigned, an officer duty commissioned b the laws to of Rmide, on this day of
jginuary 2005 personalty appeared who havin een first duly swom
Deposes and lays that he/she fully understands the contents of affidavit that he/she signed.
*as of
LLC
SUNSP E BEEN Notary P
my comnSO R L SKAWINSKi
Fairfield Cty. CT
My Commission Expires 5-31-o8
SAP/anning OepartmenttApplication Formstdavelopment review flexible development application 2005.doc
MAR ? ? 2005
0 0
The units being transferred are units allocated to the Sandpead project by a Final
Judgment by Consent entered by the Circuit Court of Pinellas County in City of
Clearwater v. Gray, Case No. 85-4145-15 and Thacker et al v. City of
Clearwater, Case No. 86-17457-16 (as amended), collectively referred to as the
"Gray Settlement."
Attached is the approved Density Table for the Sandpead project which explains
the allocation of the Gray Settlement units (See Note 1).
Although 120 condominium units are approved for the Sandpearl project, no
more than 117 condominium units will be built.
#340645 v1
ORIGINAL
}
DENSITY TABLE
Note: Any unused density units for the hotel and/or retail components of the proposed development will be returned to the City's Density Pool as described in Beach By Design.
Requested Sabi Dif f gran
Residential Dwelling Units 120 (max) 120 (1) 0
Hotel Units 260 (max) 126
(i) 134
11,000 sf of Retail (3) 11 11 0
(converted from FAR to
equivalent hotel units)
Additional Hotel Units 7 0 7
(contingency)
Total Density Pool Hotel Units Requested: 141
i. 120 dwelling units allowed
2.4 acres x 30 dwelling units per acre = 72 dwelling units + an additional 48 dwelling units per allocation of Gray Settlement agreement. The "Gray Settlement" allowed
for a total of 232 hotel rooms to be proportionally allocated to Lots 6 0 28 of the, Clearwater Beach Park Subdivision. Converted to residential dwelling units at the 3:4 ratio
equates to 174 dwelling units. Lots 14 - 48 (south of Son Marco Street) received 112 dwelling units for the Mandalay Beach Club" development, leaving 62 dwelling units for
Lots 6 - 13 (north of San Marco Street). This is 48 more dwelling units than current zoning at 30 units per acre would allow for Lots 6 - 13. Thus, the 'Gray Settlement' provided
an additional 48 dwelling units for. Lots 6 - 13.
2. 126 hotel units allowed
137 hotel units per termination of non conforming status as to density less
11 units converted to retail
3. FAR Commercial Conversion to Hotel Units: 11,000 sf of retail / 43,560 sf per acre x 40 hotel units per acre = 10.1, use 11 hotel units
PREPARED FOR:
C"R DEVELOPMENT I, LLC
2201 4TH STJ-DX"EET NORTH
ST. PETERSBURG, FLO-PIDA 33704
TEL (127) 823-0022 FAX (]2)) 821-2007
•
t
E
EXHIBIT "A"
RECEIVER SITE
ORIGINAL
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 N08033'13"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 1; THENCE
S 12°40'00"W, 260.51 FEET; THENCE S61 °5946"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.
MAR 1 o 20M5
Sender Site
Lots 1 through 13, CLEARWATER BEACH PARK, as per plat thereof recorded in
Plat Book 10, Page 42, of the Public Records of Pinellas County, Florida.
OR 10 105
M-rMw -,
2 2007 ? 02103 °, ` ` , _
JAN-31-2005-709F4 ? 1
i
AFFIDAVIT OF OWNER
STATE OF FLORIDA )
COUNTY OF PINELLAS )
BEFORE ME, the undersigned authority duly authorized to administer oaths and
take acknowledgments, personally appeared J. Michael Cheezem, as President of JMC
COMMUNITIES OF CLEARWATER VI, INC., General Partner of CBR COMMUNITIES
II, LTD., a Florida limited partnership, Managing Member of CBR DEVELOPMENT 11,
LLC, a Florida limited liability company ("CBR 11"), who is personally known to me and
who, being first duly sworn, deposes and says that:
1. CBR II is the owner of the real property described on Exhibit "A"
attached hereto and incorporated herein ("Sender Site"), which is the "Sender Site" in
that certain Application for Transfer of Development Rights (the "Application") submitted
to the City of Clearwater by Sunspree Green, LLC ("Applicant").
2, CBR II is the owner of the 3 units (collectively, "Development Rights")
which are proposed to be transferred as described in the Application.
3. As of the date of this Affidavit, the Development Rights have not been
transferred to any other person or entity.
4. As of the date of this Affidavit, the Development Rights have not been
previously used or exercised by any person or entity on the Sender Site or any other
parcel of land,
5. The Applicant and CBR 11 have entered into an agreement by which
Applicant may acquire the Development Rights.
6. In the event the Application is approved, a special warranty deed
transferring the Development Rights will be recorded in the Public Records of Pinellas
County, Florida, prior to issuance of a building permit.
FURTHER AFFIANT SAITH NOT.
CBR DEVELOPMENT 11, LLC
By: CBR COMMUNITIES 11, LTD.,
General Partner
By: JMC COMMUNITIES OF
CLEA TER VI, INC.
MAR 1 0 2005 By: J. ichae Cheezem
r sident
e
•
SWORN TO, subscribed and acknowledged before me this Ja ary 31, 2005.
Y-6
N t Public
Print name: V%QW118M t=
My commission expires:
01/31/05 09:15 AM d-1
45059,106146
#337200 v1 - Sunspree/Aff of Owner
f D.
COMMISSION f DO 2M50
EXPIRES: JWy 31, 2W7
Aft *fty ReGotrW ftn
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MAR ? ? 205
-2-
TOTAL P.F3
• 0 Exh, 6,•t "A 0
Sender Site
Lots 1 through 13, CLEARWATER BEACH PARK, as per plat thereof recorded in
Plat Book 10, Page 42, of the Public Records of Pinellas County, Florida.
MAC 10 200b
ORIGII.; I'
01 9
Wells, Wayne
From: Jayne E. Sears [JayneS@jpfirm.com]
Sent: Tuesday, July 18, 2006 4:47 PM
To: Wells, Wayne; Dougall-Sides, Leslie
Cc: Ken Eckelkamp; Robert Greene; Ed Armstrong
Subject: 715 South Gulfview - FLD2005-01016/TDR2005-01017
Deeds.pdf
Attached for the City's file are copies of the two recorded deeds
transferring the following units to 715 South Gulfview:
1) 3 dwelling units from the Sandpearl property
2) 10 dwelling units from 41 Devon Drive
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 >>
1
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9
KEN BURKE, CLERK OF COURT
PINELLAS COUNTY FLORIDA
INST# 2006099868 03/1712006 at 04:11 PM
OFF REC SK: 14996 PG: 2178-2182
DocType:DEED RECORDING: $44.00
D DOC STAMP: $0.70
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
SPECIAL WARRANTY DEED
THIS INDENTURE is made on 1' a4xh (;*" , 2006, between THE RESIDENCES AT
SANDPEARL RESORT, LLC, a Florida limited liability company, ("Grantor"), and 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 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.
The tax parcel numbers for the aforedescribed property are set forth on Exhibits "A" and
"B". The tax identification number of the Grantee is -51 -o5-z- q:35'2-
C-Mocuments and Seuings\1.=lLoca1 ScaingATcmpowry Internet Rcs\0LMTmn*r deed - Sunspme.AOC
9 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
CLEARVKER VI, INC.,
a Flori a c rporation
kibnature 1 4
an V1 e -?). S'c ?? CA, 177,
riot name
nature
Kathleen A. hollemick
Print name
STATE OF FLORIDA
COUNTY OF PINELLAS
J. Mic el Cheezem,
Its C *f Executive Officer
The foregoing instrument was acknowledged before me this 43''- day of
maerch , 2006,, 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] jhaelwadneed ,- as-id
N6tary Public v
Print name: Gall Weooper
- "tea My Commission Expires:
M.CoOpER
a MY ?OMMtSSION N OD 107231.
#345402 v1 .. g EXPIRES: May ?1 2009
Mm.,
-2-
CADocumsnts and Settings\Lee\Locai Settings\Temporary intemet FHes\OLMTransler deed - Sunspree.DOC
9 0
EXHIBIT "A"
SENDER SITE:
Address: 470 Mandalay Avenue, Clearwater, FL 33767
Parcel No.: 08/29/15/16398/00010430, 08/29/15/16398/00010060, 08/29/15/163981000/0090,
08/29115/16398/000/0490, 08/29115/16398/000/0530, 08/29/15/16398/00010010
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.
C:woeuments and SettingsUe)Local Set mSATempmary Internet McAOI.KRTmnsfer deed - Sonsprea DOC
9 0
EXHIBIT "B"
RECEIVER SITE:
Address: 715 South Gulfview Boulevard, Clearwater Beach, Florida
Parcel No.: 17129/15/050751004/0010
Legal Description:
Tract No. I
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° 37'32" W, 167.56 feet; thence S 12° 2228" 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, 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 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 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, are 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 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 5452'17"
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.
CADocuments and Setdngs9.AeU-ocd SettingmTemporary Intemet Mest0LK1.1Transfer deed - Sonspm.DOC
•
PREPARED BY AND RETURN TO:
Robert F. Greene, Esquire
Greene & Schermer
1301 6th Avenue West - Suite 400
Bradenton, Florida 34205
941-747-3025
•
CONSENT OF MORTGAGEE
AmSouth Bank, an Alabama state chartered bank, in its capacity as Administrative Agent for
certain lenders ("Mortgagee") as holder of Mortgage and Security Agreement dated June 21, 2005 as
recorded in Official Records Book 14400 Page 204 in the Public Records of Pinellas County, Florida (the
"Mortgage'), hereby consents to the execution and delivery of the Special Warranty Deed from The
Residences at Sandpearl Resort, LLC to Sunspree Green, LLC which transfers development rights as to 3
residential dwelling units currently allocated to the land encumbered by the Mortgage and hereby releases
from lien of the Mortgage and other security instruments held by Mortgagee, the development rights as to
the 3 residential units conveyed by such deed.
STORTUIM
AMSOUTH BANK,
an Alabama state ch ered bank
07?
BBy:_ AZ4
Name: Davi . Kern
Title: Senior Vice President
The foregoing instrument was acknowledged before me this jZ?iay of March, 2006, by David
J. Kern, # Senior Vice President of AmSouth Bank, an Alabama state chartered bank, on behalf of the
Bank, who is personally known to me or Dwho produced as
identification. n , n /-\
Noiary Public `
My Commission Expires: Amid
RCELLO
N OD 220893
st 23,
2007
C:\OOCUME-I\F0127$gU=AIS-1\Temp\notes97EDA\consentofmortpge.doc earN,?wo co,
STATE OF FLORIDA
COUNTY OF PINELLAS
----------
$.52, 5-0
This instrument was prepared by KEN BURKE, CLERK OF COURT
and retegL PINELLAS COUNTY FLORIDA
006261054 0710512006 at 03:46 PM
E. D. Armstrong 111, Esquire INST# 2
OFF REC BK: 15224 PG: 1649-1564
Johnson, Pope, Bokor, DocType:DEED RECORDING: $52.50
Ruppel & Bums, LLP
P. O. Box 1368
Clearwater, FL 33757-1368
SPECIAL WARRANTY DEED
THIS INDENTURE is made on June 30, 2006, between DAM DEVON LLC, a
Connecticut limited liability company, ("Grantor"), and SUNSPREE GREEN, LLC, a
Florida 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 10 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 and subsequent years.
THIS IS NOT THE HOMESTEAD OF THE GRANTOR.
0 0
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.
The tax parcel numbers for the aforedescribed property are set forth on
Exhibits "A" and "B". The tax identification number of the Grantee is
IN WITNESS WHEREOF, the Grantor has hereunto set Grantor's hand and seal
the day and year first above written.
Signed, sealed and delivered DAM DEVON LLC, a on cticu limited
? .r
in the presence of: liability mpany
Signature Da d A. Mack, Mana er
t .} •,
Address: 30 Jelliff Lane'.
• --??
Print name Southport, CT : 06N P
STATE OF Co.? W %Coo-)
COUNTY OF
The foregoing instrument was acknowledged before me this 5 day of
u2005, by David A. Mack, as Manager of DAM DEVON LLC, a
Connecticut limited liability company, w ime [has roduced
as identifcati";*.... E. Walton
Print name. NOTARY PUBUC
State of Con My Commissiw q ?wmw" Expires 8/31/08
#345402 v1
..`100 ? ., . ?..
-2-
EXHIBIT "A"
SENDER SITE:
Address: 41 Devon Drive, Clearwater Beach, Florida
Parcel No.: 08/29/15/17550/002/0011
Legal Description:
r?
Lot 1, less the West 110 feet thereof, Block B, COLUMBIA SUBDIVISION,
according to the map or plat thereof recorded in Plat Book 23, Page 60, Public
Records of Pinellas County, Florida.
EXHIBIT "B"
RECEIVER SITE:
1-1
Address: 715 South Gulfview Boulevard, Clearwater Beach, Florida
Parcel No.: 17/29/15/05076/004/0010
Legal Description:
0 0
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 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°2228"B, 249.81 feet; thence S77°37'32"E, 10.0 feet; thence
along a curve to the left whose chord bears N08°33'1 3"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°2228"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
S12°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
•
n
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°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.
o
{ C I'TYY OF C LE.AR A`I"ER
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
LONG RANGE PLANNING
DEVELOPMENT REVIEW
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. FLD2005-010161TDR2005-01017/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 EMPLOYFR"
April 25, 2005
Armstrong - Page Two
E
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
is
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 DepartmentlC D BIFLEX (FLD)Unactive or Finished ApplicationslGulfview S 0715 Sunspree Condominiums (7) -
ApprovedlGulfview S 0715 Development Order.doc