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FLD2005-11109; TDR2005-11029 1 4 Planning Department 100 v , ?a?'(T/? taLer South Myrtle Avenue i11'1 Clearwater, Florida 33756 Telephone: 727-562-4567 Fax: 727-562-4865 a SUBMIT ORIGINAL SIGNED AND NOTARIZED APPLICATION ? SUBMIT 14 COPIES OF THE ORIGINAL APPLICATION including 1) collated, 2) stapled and 3) folded sets of site plans ? SUBMIT APPLICATION FEE $ CASE #: DATE RECEIVED: RECEIVED BY (staff initials): ATLAS PAGE #: ZONING DISTRICT: LAND USE CLASSIFICATION: SURROUNDING USES OF ADJACENT PROPERTIES: NORTH: SOUTH: WEST: EAST: * NOTE: 15 TOTAL SETS OF INFORMATION REQUIRED (APPLICATIONS PLUS SITE PLAN SETS) ORIGINAL RECEIVED FLEX113 LE DE'VELOPMEN'T APPLICATION JAN 11 2006 Comprehensive In ill Project (Revised 04-05-05) ?, .,?u.nr,lr DEPARTMENT PLEASE TYPE OR PRINT- CITY OF CLEARWATER A. APPLICANT, PROPERTY OWNER AND AGENT INFORMATION: (Code Section 4-202.A) APPLICANT NAME: MAILING ADDRESS: PHONE NUMBER: 1 I ') r a ! - PROPERTY OWNER(S): FAX NUMBER: "] (Must include ALL owners as listed on the deed - provide original signature(s) on page S) AGENT NAME: ? 'fi aJi.f?. ,??,:;i?i:;t?? ? , _?"1'.?''% ! ?t?,? ? -J t= r ±?i??: •h?'t?r t???.. "? %' MAILING ADDRESS: ti- 7% 4r ^ L / ' ' - PHONE NUMBER: (z, FAX NUMBER: ; I 1-7) '.^. }' ') (rte CELL NUMBER: >) E-MAILADDRESS: B. PROPOSED DEVELOPMENT INFORMATION: (Code Section 4.202.A) STREET ADDRESS of subject site: ri L' ?rJ is : S LEGAL DESCRIPTION: (if not listed here, please note the to tion of s document in thr submittal) -t) PARCEL NUMBER: -, In. 4i G q ' / / :; tz' PARCEL SIZE: ?T ?v Cf?t i4 a Q)-,J (acres, square feet) T i j1 PROPOSED USE(S), SIZE(S) AND VALUE OF PROJECT:__ ? __^ (x (number of dwelling units, hotel rooms or square footage of nonresidential Ose) DESCRIPTION OF REQUEST(S): "C-' 0 ! f'x#'I Attach sheets and be specific when identifying the request (include ail requested code deviations; e.g. reduction in required number of parking spaces, specific use, etc.) DOES THIS APPLICATION INVOLVE THE TRANSFER OF DEVELOPMENT RIGHTS (TDR), A PREV166]_Y APPROVED PLANNED UNIT DEVELOPMENT, OR A PREVIOUSLY APPROVED (CERTIFIED) SITE PLAN? YES . NO, __/ (if yes, attach a copy of the applicable documents) C. PROOF OF OWNERSHIP: (Code Section 4-202.A.5) QV SUBMIT A COPY OF THE TITLE INSURANCE POLICY, DEED TO THE PROPERTY OR SIGN AFFIDAVIT ATTESTING OWNERSHIP (see page 6). D. WRITTEN SUBMITTAL REQUIREMENTS: (Code Section 3-913.A) ? i rovide complete responses to the six (6) GENERAL APPLICABILITY CRITERIA - Explain how each criteria is achieved, in detail: 1. The proposed development of the land will be in harmony with the scale, bulk, coverage, density and character of adjacent properties in which it is located. 1- 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. 3. The proposed development will not adversely affect the health or safety or persons residing or working in the neighborhood of the proposed use. At A i 4. The proposed development is designed to minimize traffic congestion. Al C_ 5. The proposed development is consistent with the community character of the immediate vicinity of the parcel proposed for development. ORIGINAL 6. The design of the proposed development minimizes adverse effects, including visual, acoustic and olfactory and houWEt"p6on impacts, on adjacent properties. _• _ ,. 1 t AN 112006 PLANNING DEPARTMENT ? Provide complete responses to the ten (10) COMPREHENSIVE INFILL REDEVELOPMENT PROJECT CRITERIA (as applicable) -Explain how 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. f; / f ) I' J i t- 0 r 2. The development of the parcel proposed for development as a comprehensive infiil redevelopment project or residential infill 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.) Z4 1- f 3. The uses within the comprehensive infiil redevelopment project are otherwise permitted in the City of Clearwater. T , 4. The uses or mix of use within the /comprehensive infiil redevelopment project are compatible with adjacent land uses. 5. Suitable sites for development or redevelopment of the uses or mix of uses within the comprehensive infiil redevelopment project are not otherwise available in the City of Clearwater. / 6. The development of the parcel proposed for development as a comprehensive infiil redevelopment project will upgrade the immediate vicinity of the parcel proposed for deveiopment- -4 4- s ? 7. The design of the proposed comprehensive infiil 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. ?.4- 8. Flexibility in regfrd 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. 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. 'r Ar 47 10. _ The design of all buildings complies with the Tourist District or Downtown District design guidelines in Division 5 ?AEIVE s app licable). Use separate sheets as necessary. . -4-ltr?'/7 ':I!`il =f i /1 IAAI 112066 PLANNING DEPARTMENT /S __ IT/ /1 ARWAT€R - GEE E. STORMWATER PLAN SUBMITTAL REQUIREMENTS: (City of Clearwater Storm Drainage Design Manual and 4-202.A.21) A STORMWATER NARRATIVE MUST BE SUBMITTED WITH ALL APPLICATIONS. All applications that involve addition or modification of impervious surface, including buildings, must include a stormwater plan that demonstrates compliance with the City of Clearwater Storm Drainage Design Criteria manual. A reduction in impervious surface area does not qualify as an exemption to this requirement. t If a plan is not required, the narrative shall provide an explanation as to why the site is exempt. t;t a At a minimum, the STORMWATER PLAN shall include the following: Existing topography extending 50 feet beyond all property lines; Proposed grading including finished floor elevations of all structures; i All adjacent streets and municipal storm systems; 7 Proposed stormwater detentionlretention area including top of bank, toe of slope and outlet control structure; 1 A narrative describing the proposed stormwater control plan including all calculations and data necessary to demonstrate compliance with the Qty manual. Signature and seal of Florida Registefed Professional Engineer on all plans and calculations. 0A, COPY OF PERMIT INQUIRY LETTER OR SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT (SWFWMD) PERMIT SUBMITTAL (SWFWMD approval is required prior to issuance of City Building Permit), it applicable `V o edgement of stormwater plan requirements (Applicant must initial one of the following): tormwater plan as noted above is included e y 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. If you have questions regarding these requirements, contact the City Public Works Administration Engineering Department at (727) 562-4750. F. UPPLEMENTAL SUBMITTAL REQUIREMENTS: (Code Section 4-202.A) SO G NED AND SEALED SURVEY (including legal description of property) - One original and 14 copies; r. +?TREE SURVEY (including existing trees on site and within 25' of the adjacent site, by species, size ( H 4" or greateo, and location, jincluding drip lines and indicating trees to be removed) -please design around the existing trees; r r' U/LOCATION MAP OF THE PROPERTY; kPARKING DEWND STUDY in conjunction with a request to make deviations to the parking standards Cie. Reduce number of spaces). Prior to j the submittal of this application, the methodology of such study shall be approved by the Community Development Coordinator and shall be in accordance wifh accepted traffic engineering principles. The findings of the study will be used in determining whether or not deviations to the /parking standards are approved; R' GRADING PLAN, as applicable; i¢ .TRELIMINARY PLAT, as required (Note: Building permits will not be issued until evidence of recording a final plat is provided); 1 14 IkCOPY OF RECORDED PLAT, as applicable; I G. SITE PLAN SUBMITTAL REQUIREMENTS: (Section 4-202.A) SITE PLAN with the following information (not to exceed 24" x 36"): ORIGINAL All dimensions; RECEIVED North arrow; Engineering bar scale (minimum scale one inch equals 50 feet), and date prepared; JAN 11 2006 Location map; Index sheet referencing individual sheets included in package; ll EX i f STING b ildi d d PLANNING DEPARTMENT ze o a u ngs an structures; Footprint an s I Footprint and size of all PROPOSED buildings and structures; CITY OF CLEARWATER All required setbacks; All existing and proposed points of access; y_ \ All required sight triangles; Identification of environmentally unique areas, such as watercourses, wetlands, tree mass es, and specimen trees, including description and location of understory, ground cover vegetation and wildlife habitats, etc; Location of all public and private easements; 1 _-_i.,.- „L -11 ri.....1 .. L a ..t.....— -;IL".- .....1 1: 4- k- -;4-- 0 0 Location of existing public and private utilities, including fire hydrants, storm and sanitary sewer lines, manholes and lift stations, gas and waterlines; 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 Section 3-201(D)(i) and Index #701); Location of all landscape material; Location of all onsite and offsite•storm-water management facilities; Location of all outdoor lighting fixtures; and (:"?i y ????'".tic i ?'? kl i r I.. Location of all existing and proposed sidewalks. all required screening (per SITE DATA TABLE for existing, required, and proposed development, in written/tabular form: Land area in square feet and acres; REDUCED SITE PLAN to scale (8 %Z X 11) and color rendering if possible; Number of EXISTING dwelling units; . Number of PROPOSED dwelling units; Grass 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 Size and species of all landscape material; t; Official records book and page numbers of all existing utility easemen Building and structure heights; Impermeable surface ratio (I.S.R.); and I Floor area ratio (FA.R.) for all nonresidential uses. fli? OR DEVELOPMENTS OVER ONE ACRE, provide the following additional information on site plan: One-foot contours or spot elevations on site; Offsite 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; Lot lines and building lines (dimensioned); Streets and drives (dimensioned); Building and structural setbacks (dimensioned); Structural overhangs; Tree Inventory; prepared by a "certified arborist", of all trees 8" DBH or greater, reflecting size, H. LANDSCAPING PLAN SUBMITTAL REQUIREMENTS: (Section 41102.A) gY/ LANDSCAPE PLAN: All 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 curbing; percentage of the paved vehicular area; ORIGINAL RECEIVED JAN 11 2006 PLANNING DEPARTMENT CITY OF CLEARWATER canopy (drip lines) and condition of such trees. Existing trees on-site and immediately adjacent to the site, by species, size and locations, Including driplines (as indicated on required tree survey); Plant schedule with a key (symbol or label) indicating the size, description, specifications 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, backfilling, mulching and protective measures; Interior landscaping areas hatched and/or shaded and labeled and interior landscape coverage, expressing in both square feet and percentage covered; Conditions of a previous development approval (e.g. conditions imposed by the Community Development Board); Proposed-8nd required parking spaces; Irrigation notes. CQ /. REDUCED LANDSCAPE PLAN to scale (8 %3 X 11) (color rendering if possible); IRRIGATION PLAN (required for level two and three approval); (f 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. 0 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 Infill Redevelopment Project or a Residential Infill Project. /BUILDING ELEVATION DRAWINGS - all sides of all buildings including height dimensions, colors and materials; F3' REDUCED BUILDING ELEVATIONS -four sides of building with colors and materials to scale (8'/z X 11) (black and white and color rendering, if possible) as required. J. SIGNAGE: (Division 19. SIGNS / Section 3-1806) ?vL \ L it v f? a I rG?Ci All EXISTING freestanding and attached signs; Provide photographs and dimensions {area, height, etc.), indicate whether they will be removed or ' to remain. All PROPOSED freestanding and attached signs; Provide details including location, size, height, colors, materials and drawing; freestanding signs t-11 ;--1-4- !Fe c4--+ -irlrccc rn,,.nnr?lc\ Mi c Comprehensive Sign Program application, as applicable (separate application and fee required). ORIGINAL v'. RECEIVED Reduced signage proposal (8 % X 11) (color), if submitting Comprehensive Sign Program application. K. /TRAFFIC IMPACT STUDY. (Section 4-202.A.13 and 4-801.C) PLANNING DEPARTMENT CITY OF CLEARWATER 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 Transportatton 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) Refer to Section 4-801 C of the Community Development Code for exceptions to this requirement. l 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 00s an each turning movement at all intersections identified in the Scoping Meeting. `?.. Traffic Impact Study is not required. CAUTION --CIF APPLICATION REVIEW RESULTS IN THE REQUIREMENT FOR A TRAFFIC IMPACT STUDY AND NONE HAS'BEEN SUBMITTED, APPLICATION MUST BE RESUBMITTED AND SIGNIFICANT DELAY MAY OCCUR. If you have questions regarding these requirements, contact the City Public Works Administration Engineering Department at (727) 562-4750. L. SIGNATURE: 1, the u rsigned, acknowledge that all representations made in this applic9i are true and accurate to the best of my knowledge and autho q City representatives to visit and photograph the property desc'gibed in this application. STATE OF FLORIDA, COUNTY OF PINELLAS wom to and subscribed before me this day of ce-- A.D. 20 D S to me and/or by vAiL has orodu . d ., as of property owner or representative Public - Sfde d Florida CcrW*Mion # DD 4WM Bolded By Nafloimi NeAmv A. CITY OF CLEARWATER y.?Q AFFIDAVIT TO AUTHORIZE- AGENT 9 o? PLANNING & DEVELOPMENT SERVICES ADMINISTRATION 9?'ATMUNICIPAL SERVICES BUILDING, 100-SOUTH-MYRTLE AVENUE, 2" FLOOR PHONE (727)-562-4567 FAX (727) 562-4576 .,?? (;% ?tit f %? :r 04 of an 1. That (I am/we are) the owner(s) and record title holder(s) of the following described property: 2. That this property constitutes the property for which a request for a: JAN 11 2006 ?( ?In / PLANtyfrvr? ME RTMENT CITY OF CLEARWATER (Nature of request) ii 3. That the undersigned (has/have) appointed and (does/do) appoint as any petitions to affect such 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 (1/we), the undersigned authority, hereby certify, that t or ing is true and correct. dy?0 er Property Owner STATE OF FLORIDA, COUNTY OF PINELLAS a17? e undersigne d, an officer duly co ssfoned b laws of the State of Florida, on this day of who having been first duty sworn 2*L'? personally appeared }?.?? 4?Rd deposes and says that he/she fully understands the contents of the affidavit that he/she signed. Notary Public My Cbmmfssion Expires: DOREEN A. WILLIAMS S: application forms/development review/Affidavit to Authorize Agent MY COMMISSION # OD 1558Q2 '?t err ?o? EXPIRES: October 14, 2006 1-WD-3 NOTARY FL Floury service a sondnp, Inc. c?Rrr,tnr?l (Address or General Location) RECEIVED ORIGINAL RECEIVED LETTER O F AUTHORIZATION JAN 11 2006 PLANNING DEPARTMENT CITY OF CLEARWATER This letter will serve as authorization for Housh Ghovaee (agent Name) with Northside Engineering Services, Inc. to act as an agent for (Property Owner's Name) , And to execute any and all documents related to securing permits and approvals for the construction on the property generally located at rop PINELLAS County, State of FLORIDA. Signature of Property Owner Address of Property Owner Print Name of Property Ova - er Title City/State/Zip Code Telephone Number State a€A4t4.kk_1 The foregoing instrument was acknowledge before me this day County o"aaf, of CfG' 20K-'5, by ;J L621i:-S, , aS/ '10?, who is personally known to me or who has produced . as identification and who did (did not) take an oath. DOREEN A. WILLIAMS / ?S MY COMMISSION # Do 155802 Notary Public EXPIRES: October 14, 2006 ( Ignature) I- 3-P107ARY FL Notary Service & bonding, InF Commission #? 4 (SEAL ABOVE) ` rli, ?? #r7t5 (Name of Notary Typed, Printed or Stamped) ? r Exhibit "A" to Flexible Development -Comprehensive Infill Application Cinnamon Bay 150-166 Brightwater Drive NES Project #0552 DESCRIPTION OF REQUEST(S): ORIGINAL RECEIVED JAN 11 2006 PLANNING DEPARTMENT CITY OF CLEARWATER Flexible Development approval to raze the five existing buildings containing a total of 42 attached dwellings and to redevelop the site with 32 attached dwellings with an increase of height from 35' to 46.33' (from BFE to roof deck) with an additional 4.33' to top of parapet and 16.83' for an open rooftop pavilion (from roof deck). Reductions to the front (south) setback from 15' to 0' (to trash staging area) and from 15' to 11' (to elevator room). Reductions to the side (west) setback from 10' to 7.8' (to pavement) and east side yard from 10' to 8.6' (to pavement) and reductions to the rear yard from 20' to 19.4' (to building). Comprehensive Infill approval for reductions to the rear yard from 20' to 0' (to wood walkway), from 20' to 7.2' (to pool) and from 10' to 0' to pool deck and retention of five, existing boat docks for the sole use by the property owners. Additionally, the applicant is requesting the Transfer of Development Rights for three units from 409 East Shore Drive, under the provisions of Section 4-1403. GENERAL APPLICABLE STANDARDS (Section 3-913.A): 1. The proposed development will be in harmony with the surrounding properties as the subject site is surrounded by new developments of similar scale, bulk, coverage, density and character. The surrounding developments are located on sites of varying sizes and area, therefore, the number of units vary from site to site. However, the scale, bulk and coverage of the surrounding sites are equal to the proposed development. The proposed density is permissible based upon the Community Development Code and is appropriate for the amount of land being massed. The property located just southeast of the subject site at 205, 209 and 214 Brightwater Drive has been redeveloped with 20 attached dwellings in addition to the many other approved and permitted developments of similar bulk, scale and density to the south, west and east of the subject site. There is strong development pattern of attached dwellings established on the street and the proposed residential development of mid-rise construction, providing four stories above parking will be harmonious with the established development pattern and character of the street. 2. The subject site is zoned Tourist District and is in an area characterized by primarily attached dwellings. The character and intensity of the proposed development will be in compliance with that zoning classification. The proposed development complies with density and impervious surface ratio standards within the Tourist District. Upon completion, the proposed 1 development and subsequent improvements will substantially increase the value of the subject site, thereby providing a positive influence on the surrounding property values as well. 3. The proposed design of the development offers positive health and safety rewards to the neighborhood by providing green yards that are not currently present on the site and provides a new and improved structure that meets current building codes and FEMA requirements. The proposed site design provides a parking plan that is completely contained within the footprint of the building and deletes the current undesired situation of cars backing out onto Brightwater Drive. The design will provide improvements to the streetscape by offering a green yard that is well landscaped in lieu of the asphalt yards currently existing on the sites. Additionally, the proposal provides for responsible site drainage which will better serve the community as a whole. The proposed residential use should not create any adverse health or safety impacts in the .neighborhood, is permitted in the Tourist District and is encouraged by Beach by Design program. 4. The proposed development and site design provides largely improved and decreased access to the site by providing a single driveway system allowing forward access to and from the site, deleting the current need for vehicles to back out into the right of way. No traffic congestion is anticipated as a result of this design. 5. The proposed residential use is consistent with the community character as many of the sites on this street in particular have converted from overnight accommodation uses to residential uses. The proposed development is consistent with the intent for the Small Motel District under the Beach by Design program which recommends the redevelopment of Brightwater Drive with attached dwellings between two and four stories above required parking. 6. This proposal minimizes adverse effects on adjacent properties by providing parking within the footprint of the building, by providing attractive architecture and well designed landscaping. Additionally, provisions have been made for refuse collection within the ground -floor of the parking area with dumpster roll-out (to a staging area) only on days of pickup. The residential nature of the proposed development in concert with all of the proposed upgrades to the site and building will provide benefit to the adjacent properties and the surrounding neighborhood. ORIGINAL RECEIVED IAN 11 2006 pLANNING DEPARTMENT CITY OF CLEARWATER 2 ®RIGINAL • ? RECEIVED JAN 11 2000 PLANNING DEPARTMENT FLEXIBILITY CRITERIA - COMPREHENSIVE INFILL REDEVE1Wff1% ARWATER (Section 2-803(b)): 1. The development plan offers 32 condominium flats, providing parking that is designed to fit within the confines of the building footprint and provides almost two spaces per unit (1.96 per unit) as requested by staff.. The setback deviations being requested to the front and side are minimal to provide a building that has architectural interest with varying depths and lines. The proposed building setbacks to the front and sides are within the allowable flexible standards and did not trigger the need for a comprehensive in-fill. The proposed deviations to the front and side setback will provide improved articulation with the desired breaks in the elevations. The proposed utilization of three dwelling units through the Transfer of Development Rights is less than the percentage allowed by the Residential Facility High land use classification and is appropriate for amount of land being assembled. Further, the additional units are necessary for financial feasibility of this project as the continued redevelopment and improvements of this area of Clearwater Beach has in turn continually increased the cost of development. 2. Per the Pinellas County Property Appraiser, the existing just market value of the site is $3,708,400.00. Upon completion of the proposed development the site is estimated to be valued at $31,140,000.00 3. Attached dwellings are a permissible use within the Tourist District of the Clearwater Community Development Code. 4. The proposed use of attached dwelling units is compatible with surrounding land uses as attached dwelling units are the predominate use along Brightwater Drive. The development proposal of attached dwelling units, four stories over parking is recommended by Beach by Design and the proposed Mediterranean design of the building will be harmonious in style to other projects in the area. 5. The sites location on Clearwater Harbor, providing access to the Gulf of Mexico together with the sites location within an area that is projecting a true sense of a multi-family community makes this location unique and perfectly suited for this multi-family development proposal. Other sites with similar waterfront views/locations are not readily available for development within the City of Clearwater that would accommodate a development of this size. 6. The significant improvements to the site inclusive of the architecture, residential use, on-site parking, unit choices, landscaping and on-site retention will be a large upgrade for the surrounding area compared to the existing use of the site. 3 7. The proposed development will provide improved form and function by providing: a use that is compatible with the surrounding and adjoining land uses; the Tourist District regulations and the Beach by Design program; a site design that promotes benefits such as the establishment of green yards with professionally designed landscaping, parking that is shielded from the street and is fully encompassed within the building, establishment of a retention pond to provide improved site drainage; the neighborhood and the City as a whole will benefit by receiving an attractive building with well articulated, unified elevations, which provide architectural interest, a building that meets or exceeds current Building Code and FEMA regulations. Additionally, the luxury multi-family structure together with the subsequent site improvements will provide increased value to the surrounding property values. 8. The setback reductions being requested under the Comprehensive Infill. section of the code primarily relate to the pool, pool deck and walkways necessary to gain access to the existing docks. The proposed front and side building setbacks is within the allowable limits of standard flexible development and did not trigger the need for the comprehensive in-fill. The proposed development plan provides a building and site design that is sensitive to the intent of the Clearwater Community Development Code, the character of the neighborhood as well as the developer's needs. 9. The proposed number of parking spaces for this proposed development exceeds current code by providing nearly two spaces per unit as preferred by City staff and is fully contained within the footprint of the building. 10. The design being proposed complies with the Tourist District guidelines in the way of building articulation, step-backs, varying heights, structural features, Mediterranean style architecture and a landscape plan that helps to set Clearwater Beach apart from other communities. BEACH BY DESIGN: The subject site is located within the Small Motel District of Beach by Design, which contemplates mid-rise developments between 2-4 stories over parking. The proposed 32 unit condominium building design of 4 stories over parking is within the guidelines of the Beach by Design program and achieves the desired "step back" affect as called out in the Beach by Design guidelines by providing varying depths and heights. The proposed design will display many Mediterranean elements such as decorative railings, a rich mixture of materials and colors all of which will soft the mass and bulk, presenting a beautiful new residential component to the neighborhood. RMR 01-11-06 NES #552 Cinnamon Bay ORIGINAL RECEIVED JAN 11 2006 PLANNING DEPARTMENT CITY OF CLEARWATER 4 CLEARWAMR HARBOR _ we DOCK Pqx O i WOOD DOCK -I-ITV///lam H 41 LL 19 cx:) WC W c Q ? J 0 Q W C? CV ? Z 0"' - OU O? ?O z g? a 7 EAST ELEVATION BCAGL IAB• C4' NORTH ELEVATION BCMS U16'. 1'.W SOUTH ELEVATION WEST ELEVATION SCATS Ul6•.1W INSIDE OUT Q GROUP IULMMAVOM "AUX 3w Mont-= soma aw as O sga m .7 .-I CLEARWAMR HARSOR----,l =------------------------- IiKL(itil WHICICLLCIVC--- -- -- -- zs ASMUT 50, Prn Atlr H zex cm CW LU G Q J? N Q? Z d W V U Ooc. Q LL. Zo y z g {- U a wa m nn ,A8 - - sossrtt?atr rt/w u ?'? rm?o. esnx szr aKr _ - - - - - w.a?,m+ac ac rv esm ?_ _ _ _ - - - .- - _ - - -._- - ,. - - - - - - && BAYSlI7E SUBL7 VISION NO. 2 t PLAT RLAK .27, 3 PAIlle .m u .? u I u UNIT 101 i a a i UNtT Im UNN' 10) ' ; a p a ; - UNP7IM I p I ?; ,.? I p ? 77 I I N{1'.Qiw 1 4E TYPICAL UNIT 1.587 SQ. PC. 1 St. FLOOR PLAN TYPICAL UNIT 1.587 SQ. PT. 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IW T w J-1 -I INSIDE OUT O OROUP I L 713LOLI MAVID01 P Agw,177AA7DA 7150 1X7747571 \ YM INSMEy OUT O GROUP W[. 61f1AUMAIM mo M1111 MS s NOBarN. womm ,waerecr vnn r Z m? t-' m G7 r r-' m D D N 0 r m Z z O wcwuu,ssr Wcaw?r,aro 0 ocmeuusu 7 ?ar? • REPARED BY AND RETURN TO: _mil. G. Pratesi, Esquire Richards, Gilkey, Fite, Slaughter, P.ratesi & Ward, P.A. 1.253 Park Street Clearwater, Florida 33756 KEN BURKE, CLERK OF COURT PINELLAS COUNTY FLORIDA INST# 2006213922 0610212005 at 04:32 PM OFF REC BK: 14355 PG: 1422-1423 _ DocType:DEED RECORDING: $18.50 0 DOC STAMP: $21000.00 WARRANTY DEED THIS INDENTURE, Made this ?f day of ,?i ? 2005, between STANLEY KULACH andANNAKULACH, husband anc? ife, whose address is 150 Brightwater Drive, Clearwater, FL 33767, grantor*, and CINNAMON BAY OF CLEARWATER LLC, a Florida Limited Liability Company, whose address is 200 Brightwater Drive, Unit 2, Clearwater, FL 33767, grantee*, WITNESSETH, That said grantor, for and in consideration of the sum of Ten Dollars, and other good and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged, has granted, bargained and sold to the said grantee, and grantee's heirs and assigns forever, the following described land, situate, lying and being in Pinellas County, Florida, to-wit: Lots 45 and 46, BAYSIDE SUBDIVISION NO. 2, according to the map or plat thereof as recorded in Plat Book 27, Pages 32 and 33 of the Public Records of Pinellas County, Florida. SUBJECT TO covenants, conditions, easements and restrictions of record; and subject to taxes for the year 2005 and subsequent years. Tax Parcel No. 08/29/15/04932/000/0450 and said grantor hereby fully warrants the title to said land, and will defend the same against the lawful claims of all persons whomsoever. * "Grantor" and "grantee" are used for singular or plural, as context requires. IN WITNESS WHEREOF, Grantor has hereunto set grantor's hand and seal the day and year first above written. Signed, sealed and delivered ?-° in of presence: ? l NLEY Kt7A ? Name: t^e-i?r M ,s.(twsr??t r-_ ANNA KULACH ORIGINAL RECEIVED JAN 11 2006 PLANNING DEPARTMENT CITY OF CLEARWATER • TATE OF PL;OR19A COUNTY OF I HEREBY CERTIFY that on this day.personally appeared before me, an officer duly authorized to take acknowledgements, STANLEY KULACH and ANNA KULACH, husband and wife, who are personally known to me or who have produced 4 rr as identification, and they are-the persons descaribed in and who executed the foregoing Warranty Deed and they acknowledged then and there before me that they executed the same for the purposes therein expressed. VVJES?S my hand and -official sal th s• ? day of VV v 2005. Name: Notary Public My Commission expires: Epgrp/Toni/Realrstate/ AulacltTOCinnamonBay/Deed EMILM PRATES! ;p tAYC6MN65SRN OWGI6556 EXPIRES June 25, 2065 5?1':.... eamanwiwvwoG.6nd,nmen ORIGINAL RECEIVED JAN 11 2006 PLANNING DEPARTMENT CITY OF CLEARWATER PREPARED BY AND RETURN TO: Emil G. Pratesi, Esquire Richards, Gilkey, Fite, Slaughter, Pratesi & Ward, P.A. 1253 Park Street Clearwater, Florida 33756 • KEN SURKE. CLERK OF COURT ONELLAS COUNTY FLORIDA 1NST# 200530S784 081"12005 at 09:31 AM OFF REG BK: 74503 -: 1190.1191 DucType:OEED RECORDING-: 518.50 D OOC STAMP: $21008.00 WARRANTY DEED THIS INDENTURE, Made this day of 7 , 2005, between CHESTER CIEZCZAR and MARIA CTEZCZAK, husba and wife, whose address is 158 Brightwater brive, Clearwater, FL 33767, grantor*, and CINNAMON BAY OF CLLARWATER LLC, a Florida Limited Liability Company, whcse address is 200 Brightwater Drive, unit 2, Clearwater, FL 33767, grantee*, WITNESStTH, That said grantor, for and in consideration of the sum of Ten Dollars, and other good and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged, has granted, bargained and sold to the said grantee, and grantee's heirs and assigns forever, the following described land, situate, lying and being in Pinellas County, Florida, to-wit: Lots 43 and 44, BAYSIDE SxMDIVISION NO. 2, according to the map ox plat thereof as recorded in Plat Book 21, Patfe•s 32 and 33 of the Public Records of Pinellas County, Florida. SUBJECT TO covenants, conditions, easements and restrictions of record: and :subject to taxes for the year. 2005 and subsequent years. Tax Parcel No. 08/29/15/04932/000/0430 t&. and said grantor hereby fully wexxants the title to said land, and will defend the same against the lawful claims of all persons whomsoever. * "Grantor" and "grantee" are, used for singular or plural., as context requires. IN WITNESS WHEREOF, Grantor has hereunto set grantor's hand and seal the day and year first above written. Signed, sealed and delivered in oou?r, presence: CHESTER CIEZC2A ` Name : _ ?o S T' /Z --I ORIGINAL RECEIVED JAN 11 2006 PLANNING DEPARTMENT CITY OF CLEARWATER COAT W OF FLO J% COUNTY Or ,? - I HEREBY CERTIFY that on this day personally appeared before me, an officer duly authorized to take acknowledgements, CHESTER CIEZCZAK and MARIA CIEZCZAK,.husb ?Jd arld,wile, who are personally known to me or who have produced 7- (,, ,, as identification, and they are the persons described in and who executed the foregoing warranty Deed and they acknowledged the . n and there before me that they executed the same for the purposes therein expressed. W1 g, my hand and official seal this day of 2005. Na - N ? Pub ?.?rtapnpWarr` ?4??pp.D7.?1RE3 Epgzp/Jnni/1?ealEsCOtP/ C!eczcakToCinnam0n9ay/Deed n4 ORIGINAL RECEIVED JAN 11 2006 PLANNING DEPARTMENT CITY OF CLEARWATER OCT-27-2005 00 FROM-FIRST AMERICAN v y COUNTY, FL L!( DEPUTY CLERK: CLIMM03 Preoarcd by ' Nmeta wdgh4 an employee of first American 71de Insurance COmpany 1535 Highland Avenue dearwater, Flatda 33756 (727)442-7200 Return m: Grantee File Nw 1038.735367 +0 00 T-553 P.001/002 F-W ^^,t? av?{?{' LGLti\ ve l-lJ?lx'1' r1LV?j, y,?yy WARRANTY DEED 'This-indenture made on May i6, 2005 A.%, by Mleczyslaw W. Cius and Maria Clus, his wife whose address is: , hereinafter tailed the "grantor", to Cinnamon Bay of Clearwater, LLC whose address 15: 200 Brightwater Drive, Unit 3, Clearwater, K 33767 hereinafter called the "grantee": (which terms "Granrnr'.and'Grantoe' shaa indude singular or pwral, carnmtlon orIrAtidnal, alxi 60W sell and shall Indude hells, legs, representadves, sursesmrs and assigns of the same) 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, conveys and confirms unto the grantee, all that certain land situate in Pinellas County, Florida, to-wit; Lot 42 of BAYSIOI; SURDNMON NO. 2, amcording to the plat thereof as recorded in Plat Hack 27, Page(s) 32-33, of the Public Records of Pinellas County, Florida. Parcel`Tdentificatfon Number: 08/19/35/04932/00010420 Subject to all reservations, covenants, conditions, restrictions and easements of record and to all applicable zoning ordinances and/or restrictions imposed by governmental authorities, if any, Together with all the tenements, hereditaments and appurtenances thereto belonging or in any way appertaining. To Have and to Hold, the same in fee simple forever. Page Iof I 1038 - 755367 Doscripeien: Plnallas,FL Doccmmeat-Bgpk,Page 24343.1338 Page: 3. of 2 Older: brightaater Comment: ORIGINAL RECEIVED JAN 11 2006 PLANNING DEPARTMENT CITY OF CLEARWATER OCT47-2005 0 FROM-FIRST AMERICAN +0 00 T-553 P.002/002 F-947 And the grantor hereby covenants with said grantee that the grantor is lawfully selmd of said land in fee simple; that the grantor has good right and lawful authority to sell and convey said land; that the grantor hereby fully warrants the title to said land and will. defend the same against the lawful claims of all persons whomsoever; and that said land Is free of all encumbrances except taxes accruing subsequent to December 31st of 2004. TA Witness Whereof, the grantor has hereunto set their hand(s) and seal(s) the day and year first above written. Mie si . Cius Maria ius ?/g /ed d ? Inourpresent?: a0e a ?,?/? Willows Signature f-h `T'" Print Name: Os °,?V Print Name: State Of FT. (1 County of Pinellas The Foregoing instrument Was Ackaowledged before me an May 16, 2003, by Mfe=yslaw W. Clus and Maria Clus, tits wife who is/are personally known to me or who has/have produced a valid driver's license as Identification. PAUM A F WRIG1ir aTAky- PtJffi1C aN &a pie 20M . No. a. DDO:i6255 Notary Print Name My Commission Expires: Page 2 or 2 1038 - 755367 De.v=zption: Pinellas,= Doc=ent-Book. Page 24343.1338 Page: 2 of 2 order: bri.ghtyater C==ent: ORIGINAL RECEIVED JAN 11 2006 PLANNING DEPARTMENT CITY OF CLEARWATER SENT BY: I* TITLE AGENCY; 7275318700; * .T•27-05 2:13PM; IM: 2005206447 SK: SdS43 PC: 1337, 06/27/2005 at 01:05 PM, RECORDING 1 PAGES $10.00 D DOC STAMP COLLECTION $10850.00 KEN BURI(M, CLERK OF COURT PINELLAS COUNTY, FL BY DEPUTY CLERK: CLXOMO3 THIS INSTRUTAINT PREPAREDBY' ND RBTURN 70: 11"GiLutT i -, .. 1' LMERTY T"U ADENCY 11614 HELCHRR Rau). sur@A%? LAYt'Lt II- 73ttt Pr-Pm Av%daeta Parad Tdbitilikildw Toro) Nualhar c nVu.HeuaOWalte tGt%? aPAC3 AOOVA7HL1 La,$fOt RBCtNibax}DATA - IWA WAR¢A1+7r.Deui,:auda Or, [fib dry of May, 2103 by ROMAN VARS?AtEK and HENRyKA MARSZALle"K,'HtraHAND AND WSK A3 TO AN UNDIVIDED 1/I INTiRnT, AND MIRCZYSLAW C1Us aRd MARYA CILs, HumuND AND WEN AS TO AN UNDIVIDED Y. IWE ST h0teio UU d tha slmdon, t0 moA, ON SAY OP CLEARWAT)GR, I,LC,A YLORIDA LIMITED LLICILITy COMPANY YAM post'9{ficb;ad4raa LL 100 MUCHTWATER DRIVE, a CLEARWATER, RL 33767, busboSa Called the Ca®rta;. l? ?t+l eiod._Avrria cw. raeeA 'Inwaa• aa[ ytmatre• mehWe a0 Ae pde3nY !a tbu i.+euotanv and tAa J j,. 4.Wf Pepnerenlro}ey pbdnDtena orGidlndanlt a+d tda moeea+ad nadm+tyu 5ra'vetatinn) W f•TT? 1 S S B T H: M* Itq Fula; ft and It C=dasdw of the CM of ThN AND OWIWS (41880) MI4hs aqd albac valuable canddetads0, receipt wbacof u heccby ukaomcdged, hemby Sao14 bapittt, aclla, A ?8A. qn m3, ishaaes, ossveya and tam6ima Ulu the 1unhlce All that maia land aihum is PLVELLAS Cauty, . ?t?9rPforida, viz: ' c .. ''LOT All RAYSIDE SUBDIVISION NO. L ACCORDING TO THE MAP OR PLAT YHLRLDF, AS '."RECORDED IN PLAT BOOK 27, PACES 32 AND 33, PUBLIC RECORDS OF PINIiLLAS COUNTY, FLORIDA. TOGSTHRR, with all the tabcmmta, bmcdit mom ad m"mumm Ihaoto bcIo4ns m is "lie appeftwa4• TO NAVE AND TO KOLD, the am in feesimpk famer• DAD, the Smttm Wrcby covm w `4* lid Santa lam the 31utH1ta M tawlMly,eigd of s6d land In fee atmptc; tact the Saslon h4W gmd tight and lawlhi audtatity 1s Wfl and Convey said lsnd. and haroby WMtme tar tide , Add Iasd and Will defend the nw Apizin ft lawful taint orAll powu whoouoevrr and dig o.M bmdiA ftve of all emombrur , cet:apt ISM ao ruing x4wqueM to Dlcerabsr3l, 2004. IN WITNUS WHEREOF, lb4 aft yenars bwe ai3aed OA xelcd thm Diumme tha day and yeas fbg stave wdum ' SlgrAd, tedled and delivorad' yataemc of tforac9 SlgiWtt(e 4Sr x ? d 74itirod N to t25igaattae Wifnaa Y2 prieted Name STATR' OF FLORIDA COUNTY to PMELLAS PAGE 1;1 OMAN, t$1a AT>3t SC -PLj A iwnal vATIDtDA1Y6,CtYAawAlbRPis r a s ' CRIS ' TLc Sacgota3 bmOo moro wag A 3mmledgai bcfum we tau 161h day of l fay, 2005 by ROMAN MARSz EX, HM4RYSA 13ARC>At z MfQCZYK AW 0tlti AND UARIA CIUR who ane pcmmay kwvm to me oc have PtOducal isfdmdHcatian ,..?._- JC@BNRD?aIIN Atlt%IA.IBitlMa0oZia MAIL ea P6 Ain10lNoW7 use ORIGINAL -RECEIVED JAN 11 2006 PLANNING DEPARTMENT CITY OF CLEARWATER Horths e 5#4" smi&a 110, • CIVIL* LAND PLANNING • ENVIRONMENTAL • TRANSPORTATION • STORMWATER REPORT FOR: Cinnamon Bay 150 Brightwater Drive \ Y Y Y Y Y '?. t A _ Rare A GoE?}, . #431 ? ?.'4ra r Gr r 'iY.. -c m 2 ':-Project No. 0552 ORIGINAL RECEIVED JAN 11 2006 601 CLEVELAND STREET, SUITE 930 PLANNING DEPARTMENT CLEARWATER, FLORIDA 33755 CITY OFCLEARWATER N ESADMI N@MI N DSPRI NG.COM N ESTECH@MI N DS PRI NG.COM 727 • 443 • 2869 FAX 727 • 446 • 8036 DRAINAGE NARRATIVE The project is located in section 8, township 29 and range 15 in the City of Clearwater. The contiguous owned property is 42,923 sf and consists of the construction 32 condominiums and associated utilities, parking and road infrastructure, storm management system and utilities and results in the following: • REMOVAL of 2,530 S.F. existing impervious vehicular use area and 27,086 S.F. of existing building and sidewalk area. Construction of 841 S.F. of open impervious vehicular use area and 29,246 S.F. of new building, sidewalk and pool area. • This will yield a 1689 S.F. DECREASE of impervious vehicular use area subject to stormwater runoff, but overall there will be an 471 S.F. INCREASE in total impervious area. Discharge is into intercoastal waters and 3/" water quality attenuation is provided over the entire 42,923 sf yielding a total required treatment volume of 2,683 cf. This volume is provided in two dry detention ponds. The west pond provides 1,356 cf of treatment volume at the design high water elevation of 4.5 and overflow is discharged through a 15" RCP into intercoastal waters. Recovery of the treatment volume is provided by 20' of 6" underdrain within 18 hours. The east pond provides 1,783 cf of treatment volume at the design high water elevation of 4.5 and overflow is likewise discharged through a separate 15" RCP into intercoastal waters. Recovery of the treatment volume is provided by 25' of 6" underdrain within 20 hours. ORIGINAL RECEIVED JAN 11 2006 PLANNING DEPARTMENT CITY OF CLEARWATER S?ptu 11/2/2005 wl Receipt #: 1200500000000010963 12:27:27PM Date: 11/02/2005 r Line Items: Case No Tran Code Description Revenue Account No Amount Paid FLD2005-11109 04 Flexible Commercial 010-341262 1,205.00 Line Item Total: $1,205.00 r? Payer Initials Check No Confirm No How Received Amount Paid Check CINNAMON BAY CLWR CD Of 0 • R_D 1099 In Person Payment Total: 1,205.00 $1,205.00 k ' O L ! E cv C LA- C) 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. cReceipt.rpt Payments: Method Page 1 of 1 0 c,v e> q'?" FLD2005-11109 150 BRIGHTWATER DR Date Received: 11/02/2005 CINNAMON BAY ORIGINAL RECEIVED ZONING DISTRICT: T LAND USE: RFH ATLAS PAGE: 276A PLANNER OF RECORD: WW JAN 11 2006 PLANNING DEPARTMENT! CITY OF CLEARWATER CLWCoverSheet 0 9 Wells, Wayne Page 1 of 1 From: Wells, Wayne Sent: Tuesday, September 04, 2007 5:39 PM To: 'Renee Ruggiero' Subject: RE: Cinnamon Bay Renee - A Development Order was sent to you August 21, 2007. send it to you. Potentially it got misplaced in your move the rest of the week for a conference in Orlando. If you don't have it, I can make a copy of our copy and Let me know tomorrow morning, as I leave at noon for Wayne -----Original Message----- From: Renee Ruggiero [mailto:renee@northsideengineering.com] Sent: Tuesday, September 04, 2007 3:58 PM To: Wells, Wayne Subject: Cinnamon Bay Wayne, Last week Doreen asked me to check on the new DO with extended dates for this project from the Aug. 21, 2007 CDB. Please provide an ETA on the letter so I may let Doreen know where it is at and when we should expect to see it. When you get a chance .... no huge rush. Thank you, Renee Ruggiero, Project Planner Northside Engineering Services, Inc. 300 Belcher Road Clearwater, FL 33756 T 727.443.2869 / F727.446.8036 9/5/2007 .?? I . C ITY OF C LEARWATE R ???i• . ,? ?? POST OFFICE BOX 4748, CLEARWATER, FLORIDA 33758-4748 MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756 TELEPHONE (727) 562-4567 FAX (727) 562-4865 PLANNING DEPARTMENT August 21, 2007 Ms. Renee Ruggiero Northside Engineering Services, Inc. 601 Cleveland Street, Suite 930 Clearwater, FL 33755 RE: FLD2005-11109 - 150, 158, 162 and 166 Brightwater Drive Time Extension Development Order Dear Ms. Ruggiero: On August 21, 2007, the Community Development Board (CDB) APPROVED your request to extend the time frame for the Development Order for the above referenced case. Pursuant to Section 4-407, an application for a building permit to construct the site improvements on your parcel 150, 158, 162 and 166 Brightwater Drive shall be submitted by August 21, 2008. All required certificates of occupancy shall be obtained within two years of the date of issuance of the building permit. Time frames do not change with successive owners. Should you be unable to apply for a building permit to construct the improvements approved under the above referenced case, you will need to re-apply for development approval in accordance with the requirements of the Community Development Code. Please be aware that 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. If you have any questions, please do not hesitate to call Wayne M. Wells, AICP, Planner III at 727-562-4504. Sincere1 , Michael Delk, AICP Planning Director S: 0anning Departmentl C D BIFLEX (FLD)Ilnactive or Finished Applications Orightwater 150 Cinnamon Bay (T) - ApprovedlBrightwater 150 CDB Time Extension Development Order 8.21.07.doc FRANK HIBBARD, MAYOR JOHN DORAN, COUNCILMEMBER J.B. JOHNSON, COUNCILMEMBER BILL JONSON, COUNCILMEMBER ® CARLEN A. PETERSEN, COUNCILMEMBER "EQUAL EMPLOYMENT AND AFFIRMATIVE ACTION EMPLOYER" • C] Wells, Wayne From: Wells, Wayne Sent: Thursday, August 16, 2007 10:58 AM To: Renee Ruggiero (E-mail) Subject: FLD2005-11109/TDR2005-11029 - 150, 158, 162 and 166 Brightwater Drive Renee - Attached is the Memorandum being sent to the CDB for the Time Extension request for the above application, to be heard by the CDB at 1:00 pm on Tuesday, August 21, 2007. This request will be placed on the Consent agenda. Wayne C Brightwater Time Extensio Northside June 27, 2007 Community Development Board c/o Mr. Michael Delk, Planning Director City of Clearwater Planning Department 1.00 S. Myrtle Avenue Clearwater, FL 33756 RE: Cinnamon Bay - FLD2005-11109/TDR2005-11029 150, 158, 162 and 166 Brightwater Drive Dear Mr. Delk: CIVIL LAND PLANNING ENVIRONMENTAL D JUL 3 20' 17 I PLANNING & DEVELOPMENT SERVICES CITY OF CLEARWATER We would like to formally request an additional extension to the Development Order issued for the above referenced property. Previously we requested a one year extension and were granted a six month extension; this approved extension will expire on August 21, 2007. At the time of the original approval 48 parking spaces were required for the site; the approved plan provided 63 parking spaces. The site plan has been revised to provide 64 parking spaces and meets the new requirement of two spaces per attached dwelling unit. For your convenience and information I have provided a copy of the revised site plan providing 64 parking spaces. Due to the extreme downward turn in the condominium market within Florida, the development team has determined that it is not currently feasible to move forward with construction at this time. It is our hope that within the next six months the market will begin to turn around. The architect along with the Mechanical, Electrical and Plumbing Engineers are making the final adjustments to the design for the interior spaces of the building. While awaiting submittal of the documents for construction permit review, we have obtained the required SWFWMD approval. Upon the city's countersignature of the Florida Department of Environmental Protection, and Pinellas County Health Department applications, we will be submitting for water and wastewater permits. We offer our assurance that the entire development team is working diligently to move this project forward and will be ready to spring into action once the market is a little more stable. We look forward to the completion of this development project which will meet the architectural standards of the City of Clearwater and current codes associated with parking. 601 CLEVELAND STREET, SUITE 930 CLEARWATER, FLORIDA 33755 TECH@NORTHSIDEEN41NEERIN4.COM 727.443.2869 FAX 727.446.8036 • Please accept this letter as our formal request for an extension of one year and to place this request on the next available CBD agenda for consideration. Should you require additional clarification or information, please feel free to contact me. Thank you in advance for your kind consideration and assistance with this request; we look forward to receiving confirmation of the hearing date once available. R ectfully, Renee Ruggiero, Project Planner Cc: NES File #552 N. Pelzer Rogers Beach Development 601 CLEVELAND STREET, SUITE 930 CLEARWATER, FLORIDA 33755 TECH@NORTHSIDEENGINEERING.COM 727.443.2869 FAX 727.446.8036 .? - Page 1 of 3 Wells, Wayne From: Renee Ruggiero [renee@northsideengineering.com] Sent: Friday, May 18, 2007 1:41 PM To: Wells, Wayne Subject: RE: Cinnamon Bay Well ........alrighty then ! I like to be okey-dokey.....wish I could hit that mark more often ! Renee Ruggiero, Project Planner Northside Engineering Services, Inc. 601 Cleveland St, #930 Clearwater, FL 33755 T 727.443.2869 / F727.446.8036 From: Wayne.Wells@myClearwater.com [mailto:Wayne.Wells@myClearwater.com] Sent: Friday, May 18, 2007 1:37 PM To: Renee Ruggiero Subject: RE: Cinnamon Bay Renee - Once you submit for a building permit, the FLD approval becomes "vested". No time extensions for the DO are necessary for this project, however, no time extensions for the DO can be now requested (since the building permit has been submitted). Now, Building Code time frames kick in and govern the building permit application, meaning that if there is no action on responding to comments within certain time frames prior to the issuance of the permit, or once the permit is issued, no work is performed requiring an inspection within certain time frames, then the Building Official can declare the permit void, which then voids the FLD approval. The last reviews on BCP2006-11155 were done on February 22, 2007. We are now awaiting resubmittals responding to the comments. Right now, you are okey-dokey for Flamingo Bay. Wayne -----Original Message----- From: Renee Ruggiero [mailto:renee@northsideengineering.com] Sent: Friday, May 18, 2007 11:53 AM To: Wells, Wayne Subject: RE: Cinnamon Bay Wayne, On Flamingo Bay...... you stated "No time extension request can be requested on this project, since the building permit has been submitted" You do not say No time extension is necessary .... does the submission for permit review keep the DO alive ? Is there still some timeframe issues I need to be aware of ? Please confirm/advise. Thanks Wayne, Renee Ruggiero, Project Planner Northside Engineering Services, Inc. 601 Cleveland St, #930 Clearwater, FL 33755 5/18/2007 _;? • Page 2 of 3 T 727.443.2869 / F727.446.8036 From: Wayne.Wells@myClearwater.com [mailto:Wayne.Wells@myClearwater.com] Sent: Friday, May 18, 2007 10:50 AM To: Renee Ruggiero Subject: RE: Cinnamon Bay Renee - You are correct regarding Flamingo Bay, in that a building permit has been submitted, but our records indicate the permit number is BCP2006-11155. No time extension can be requested on this project, since the building permit has been submitted. As for Cinnamon Bay, what Mr. Dennehy is referring to is that he has submitted a request for Minor Revision, which I have not acted upon yet, to add parking, where if approved, he has requested Mr. Delk to reissue a Time Extension for this project for one year rather than the six month time extension he previously granted. I need to work on this Minor Revision and then potentially a CDB, time extension would be requested at a later date. Sound okay? Wayne -----Original Message----- From: Renee Ruggiero [mailto:renee@northsideengineering.com] Sent: Friday, May 18, 2007 9:02 AM To: Wells, Wayne Subject: RE: Cinnamon Bay Thanks Wayne. Dan Dennehy stopped me the other day at the City after our scoping meeting with you and asked me about the status of the extension request for Cinnamon Bay..... I didn't recall an outstanding request, that is why I asked you to assist my failing memory : ) Flamingo Bay has been submitted for Building permit review and therefore should be ok... right ? or wrong ? BCP2007-04625 Thanks, have a great day and ......HAPPY FRIDAY ! Renee Ruggiero, Project Planner Northside Engineering Services, Inc. 601 Cleveland St, #930 Clearwater, FL 33755 T 727.443.2869 / F727.446.8036 From: Wayne.Wells@myClearwater.com [mailto:Wayne.Wells@myClearwater.com] Sent: Thursday, May 17, 2007 5:41 PM To: Renee Ruggiero Subject: RE: Cinnamon Bay Renee - I am not aware of any time extension request submitted for Cinnamon Bay (150 Brightwater Drive) or for Flamingo Bay (170 Brightwater Drive). The time extension granted by the Planning Director for Cinnamon Bay expires on August 21, 2007 (see attached). The time extension granted by the Planning Director for Flamingo Bay expires on June 20, 2007 (see attached). Time extensions by the CDB must be acted on prior to the expiration date; therefore, if a time extension is desired for Flamingo Bay, I would suggest submitting a request tomorrow, so I can place the request on the June CDB agenda. 5/18/2007 . ,,., • V Page 3 of 3 Wayne -----Original Message----- From: Renee Ruggiero [mailto:renee@northsideengineering.com] Sent: Tuesday, May 15, 2007 11:29 AM To: Wells, Wayne Subject: Cinnamon Bay Wayne, Is there an extension request out there for this project that has not yet been sent to us or responded to ? One of the developers representatives believes this to be the case.... Can you shed any light on this? Thanks Wayne, I thought if anyone knows ...you'd be the one ! Renee Ruggiero, Project Planner Northside Engineering Services, Inc. 601 Cleveland St, #930 Clearwater, FL 33755 T 727.443.2869 / F727.446.8036 5/18/2007 `,4 Page 1 of 4 Wells, Wayne From: Dan Dennehy [ddennehy@triomgmt.com] Sent: Tuesday, January 09, 2007 9:17 AM To: Wells, Wayne Cc: Delk, Michael; renee@northsideengineering.com; rjrogers16@aol.com Subject: RE: Development Order Extensions for Cinnamon Bay Wayne, thanks, I'll get Roland and the others to decide asap. Daniel Dennehy TRIO Management cell 727-278-4400 office 727-466-0484 fax 727-466-0417 1208 S. Myrtle Ave. Clearwater, Fl. 33756 From: Wayne.Wells@myClearwater.com [mailto:Wayne.Wells@myClearwater.com] Sent: Monday, January 08, 2007 2:51 PM To: ddennehy@triomgmt.com Cc: michael.delk@MyClearwater.com; renee@northsideengineering.com; rjrogersl6@aol.com Subject: RE: Development Order Extensions for Cinnamon Bay Dan - I have discussed your request with Michael Delk. There were three items in the December 27th Time Extension Development Order: 1. a one parking space deficiency to current required parking of two spaces per unit; 2. higher parapet height than presently permitted; and 3. an open rooftop pavilion. You have indicated that you will make revisions to the plans to indicate compliance with the parking and parapet height prior to the original expiration date of February 21, 2007 (you didn't discuss the rooftop pavilion). We assume that you will make the necessary revisions and submit such to us as a Minor Revision for our consideration. Should you submit such in a timely fashion (not last minute where we must reprioritize work to accomplish your request), Mr. Delk has indicated he would consider a longer time frame for the Time Extension request. So...time is of the essence to submit one set of revised plans under a Minor Revision for our review and consideration, where then a separate Time Extension request would need to be submitted for the longer time period to be considered. Wayne -----Original Message----- From: Dan Dennehy [mailto:ddennehy@triomgmt.com] Sent: Monday, January 08, 2007 10:42 AM To: Wells, Wayne Cc: Delk, Michael; renee@northsideengineering.com; 'Roland Rogers' Subject: RE: Development Order Extensions for Cinnamon Bay Wayne, At the time that I wrote the email (12/28) 1 hadn't received your 12/27 letter confirming a 6 month extension. I've read the extension approval and I continue to ask you to reconsider your decision. 1/9/2007 „? • ? Page 2 of 4 The original Development Order expires on 2/21 and we are able to submit revised plans that show that we meet the 2 conditions you cite as examples of non-compliance. The submitted plans would clearly be considered minor modifications and not require CDB approval. Both conditions, parking and parapet height, will be made to be compliant prior to 2/21. In addition, the acreage allows for 29 units and they added 3 units as a TDR. They did not use the conversion of hotel to residential formula which is no longer valid. Let me know what you think. Thanks. Daniel Dennehy TRIO Management cell 727-278-4400 office 727-466-0484 fax 727-466-0417 1208 S. Myrtle Ave. Clearwater, Fl. 33756 From: Wayne.Wells@myClearwater.com [mailto:Wayne.Wells@myClearwater.com] Sent: Friday, January 05, 2007 3:36 PM To: ddennehy@triomgmt.com Cc: michael.delk@MyClearwater.com Subject: RE: Development Order Extensions for Cinnamon Bay Dan - If you were unaware, a Time Extension Development Order was issued on December 27, 2006, for six months (see attached). Wayne -----Original Message----- From: Dan Dennehy [mailto:ddennehy@triomgmt.com] Sent: Thursday, December 28, 2006 12:01 PM To: Wells, Wayne; Delk, Michael Cc: 'Housh Ghovaee'; 'Renee Ruggiero'; 'Doreen Williams'; esmeltzl@tampabay.rr.com; 'Roland Rogers' Subject: RE: Development Order Extensions for Cinnamon Bay Wayne and Michael, Cinnamon Bay is a 32 unit condo project on Brightwater Drive. You have recently received a request from Northside Engineering to extend the development order for one year. I know that you are inclined to provide a maximum six month extension on most of these cases since a majority of the previously approved development orders are for projects that are non-compliant with revised codes, especially parking and building heights. That is not the case with Cinnamon Bay. There are proposed 63 parking paces and a 64th space can be easily added. If you need an amended site plan reflecting that we can provide it immediately. In addition the height is well within the allowable code and consistent with the height of several buildings in that area. I would request that you seriously consider an extension for a full year for this project. If there are other concerns you have please let me know directly before you submit your formal response and 1 will try to have them addressed immediately. Thank you very much. Daniel Dennehy TRIO Management cell 727-278-4400 1/9/2007 ,? Page 3 of 4 office 727-466-0484 fax 727-466-0417 1208 S. Myrtle Ave. Clearwater, Fl. 33756 From: Renee Ruggiero [mailto:Renee@northsideengineering.com] Sent: Wednesday, December 27, 2006 1:26 PM To: Doreen Williams; esmeltzl@tampabay. rr.com; Roland Rogers; Dan Dennehy; shivrbd@aol.com Cc: Angel Haines; Housh Ghovaee Subject: Development Order Expirations and Extensions - Flamingo Bay - Cinnamon Bay - Regatta Bay To All: Cinnamon Bay NES 552 - I sent an extension request directly to Michael Delk on Friday December 22, 2006 requesting a one year extension to the Development Order which expires on February 21, 2007. Flamingo Bay NES 518 - Due to the plans being submitted for construction permitting an extension to the Development Order should not be necessary, you are required to submit for permit within one year of the issuance of the Development Order - Building Permit # BCP2006- 11155. Expiration date of original Development Order 12/20/06 -Current expiration date June 20, 2007 with the 6 month extension that has already been request and approved. Regatta Bay NES 536 - The original Development Order expires on May, 18, 2007. 1 will calendar myself to request 6 month extension in February, two months prior to the expiration (if okay with everyone.) The only other older project I have is Labella Vista and it is my understanding that you have submitted for construction permitting and therefore should not require an extension - BCP2006-07690. Please feel free to provide any comments you may have or let me know if you have questions. Thank you, Renee Ruggiero, Project Planner From: Doreen Williams Sent: Wednesday, December 27, 2006 9:39 AM To: Renee Ruggiero Subject: FW: Another extention From: Edward Smeltz [mailto:esmeltzl@tampabay.rr.com] Sent: Thursday, December 21, 2006 3:40 PM To: Doreen Williams Subject: Another extention Doreen not sure if you talked to Roland but he also wants Regatta Bay extended by 6 months. So that will be Regatta, Cinnimon and Flamingo Thanks If I don't get a chance to see you and the crew please except me my Holiday Wishes 1/9/2007 Page 4 of 4 Ed Smeltz Projects Coordinator 185 Brightwater Dr. Clearwater Beach, Fl. 33767 Office: 727-447-9637 Cell: 727-366-4748 Fax: 727-447-5010 esmeltz1 @tampabay.rr.com www.rbdrealty.com www.rogersbeachdevelopment.com No virus found in this incoming message. Checked by AVG Free Edition. Version: 7.1.409 / Virus Database: 268.15.28/605 - Release Date: 12/27/2006 No virus found in this outgoing message. Checked by AVG Free Edition. Version: 7.1.409 / Virus Database: 268.15.28/605 - Release Date: 12/27/2006 No virus found in this outgoing message. Checked by AVG Free Edition. Version: 7.1.409 / Virus Database: 268.15.28/605 - Release Date: 12/27/2006 1/9/2007 . . • • Page 1 of 3 Wells, Wayne From: Wells, Wayne Sent: Friday, January 05, 2007 3:36 PM To: 'ddennehy@triomgmt.com' Cc: Delk, Michael Subject: RE: Development Order Extensions for Cinnamon Bay Dan - If you were unaware, a Time Extension Development Order was issued on December 27, 2006, for six months (see attached). Wayne -----Original Message----- From: Dan Dennehy [mailto:ddennehy@triomgmt.com] Sent: Thursday, December 28, 2006 12:01 PM To: Wells, Wayne; Delk, Michael Cc: 'Housh Ghovaee'; 'Renee Ruggiero'; 'Doreen Williams'; esmeltzl@tampabay.rr.com; 'Roland Rogers' Subject: RE: Development Order Extensions for Cinnamon Bay Wayne and Michael, Cinnamon Bay is a 32 unit condo project on Brightwater Drive. You have recently received a request from Northside Engineering to extend the development order for one year. I know that you are inclined to provide a maximum six month extension on most of these cases since a majority of the previously approved development orders are for projects that are non-compliant with revised codes, especially parking and building heights. That is not the case with Cinnamon Bay. There are proposed 63 parking paces and a 64th space can be easily added. If you need an amended site plan reflecting that we can provide it immediately. In addition the height is well within the allowable code and consistent with the height of several buildings in that area. I would request that you seriously consider an extension for a full year for this project. If there are other concerns you have please let me know directly before you submit your formal response and I will try to have them addressed immediately. Thank you very much. Daniel Dennehy TRIO Management cell 727-278-4400 office 727-466-0484 fax 727-466-0417 1208 S. Myrtle Ave. Clearwater, Fl. 33756 From: Renee Ruggiero [mailto:Renee@northsideengineering.com] Sent: Wednesday, December 27, 2006 1:26 PM To: Doreen Williams; esmeltzl@tampabay.rr.com; Roland Rogers; Dan Dennehy; shivrbd@aol.com Cc: Angel Haines; Housh Ghovaee Subject: Development Order Expirations and Extensions - Flamingo Bay - Cinnamon Bay - Regatta Bay To All: 1/7/2007 • • Page 2 of 3 Cinnamon Bay NES 552 - I sent an extension request directly to Michael Delk on Friday December 22, 2006 requesting a one year extension to the Development Order which expires on February 21, 2007. Flamingo Bay NES 518 - Due to the plans being submitted for construction permitting an extension to the Development Order should not be necessary, you are required to submit for permit within one year of the issuance of the Development Order - Building Permit # BCP2006-11155. Expiration date of original Development Order 12/20/06 - Current expiration date June 20, 2007 with the 6 month extension that has already been request and approved. Regatta Bay NES 536 - The original Development Order expires on May, 18, 2007. 1 will calendar myself to request 6 month extension in February, two months prior to the expiration (if okay with everyone.) The only other older project I have is Labella Vista and it is my understanding that you have submitted for construction permitting and therefore should not require an extension - BCP2006-07690. Please feel free to provide any comments you may have or let me know if you have questions. Thank you, Renee Ruggiero, Project Planner From: Doreen Williams Sent: Wednesday, December 27, 2006 9:39 AM To: Renee Ruggiero Subject: FW: Another extention From: Edward Smeltz [mailto:esmeltzl@tampabay.rr.com] Sent: Thursday, December 21, 2006 3:40 PM To: Doreen Williams Subject: Another extention Doreen not sure if you talked to Roland but he also wants Regatta Bay extended by 6 months. So that will be Regatta, Cinnimon and Flamingo Thanks If I don't get a chance to see you and the crew please except me my Holiday Wishes Ed Smeltz Projects Coordinator 185 Brightwater Dr. Clearwater Beach, Fl. 33767 Office: 727-447-9637 Cell: 727-366-4748 Fax: 727-447-5010 esmeltz1 @tampabay.mcom www.rbdrealty.com www.rogersbeachdevelopment.com No virus found in this incoming message. Checked by AVG Free Edition. Version: 7.1.409 / Virus Database: 268.15.28/605 - Release Date: 12/27/2006 1/7/2007 0 • Page 3 of 3 No virus found in this outgoing message. Checked by AVG Free Edition. Version: 7.1.409 / Virus Database: 268.15.28/605 - Release Date: 12/27/2006 No virus found in this outgoing message. Checked by AVG Free Edition. Version: 7.1.409 / Virus Database: 268.15.28/605 - Release Date: 12/27/2006 1/7/2007 r • • C ITY OF C LEARWATE R PLANNING DEPARTMENT PosE OE•rlcl: Box 4748, CLI;ARWATrR, FLORIDA 33758-4748 ?saete??? MUNICIPAL. SHRVU.-.s BUEL.DING, 100 SOUTH MYR'ruz AVE.NUEi, CLEARWATER, FLORIDA 33756 "TELEPHONE- (727) 562-4567 FAx (727) 562-4865 LONG RANGE: PIeVNNING December 27, 2006 Di.-VI:I.OPMHNT RI VIEW Ms. Renee Ruggiero Northside Engineering Services Inc. 601 Cleveland Street, Suite # 930 Clearwater, Florida 33755 RE: FLD2005-11109/TDR2005-11029 - 150, 158, 162 and 166 Brightwater Drive Time Extension Development Order Dear Ms. Ruggiero: On February 21, 2006, the Community Development Board (CDB) approved the above application for (1) Flexible Development approval to permit 32 attached dwellings in the Tourist District with reductions to the front (south) setback from 15 feet to 11.7 feet (to building) and from 15 feet to zero feet (to trash staging area), a reduction to the side (east) setback from 10 feet to 8.6 feet (to pavement), a reduction to the side (west) setback from 10 feet to 7.8 feet (to pavement), reductions to the rear (north) setback from 20 feet to 19.4 feet (to building) and from 20 feet to zero feet (to pool deck and boardwalk) and an increase to building height from 35 feet to 46.33 feet (to roof deck) with an additional 10.67 feet for parapets (from roof deck) and an additional 16 feet for an open rooftop pavilion (from roof deck), as a Comprehensive Infill Redevelopment Project, under the provisions of Section 2-803.C; and (2) Transfer of Development Rights for three units from 409 East Shore Drive, under the provisions of Section 4-1403 (TDR2005-11029). Section 4-407 of the Community Development Code requires the application for a building permit within one year of the date the CDB approved the request (February 21, 2007). This same Section allows an extension of time to initiate a building permit, provided good cause is shown and documented in writing within the original period of validity. The Planning Director may also consider whether significant progress on the project is being made and whether or not there are pending or approved Code amendments that would significantly affect the project. On December 21, 2006, you submitted a request for a one-year time extension to apply for a building permit to construct the improvements on this parcel. Your letter cited the problem of market changes, which has an impact on the interior design and the completion of construction drawings. ' Since the approval of this project, the Code has been amended in the following that affect this project: 1. The requirement for parking has been amended to two parking spaces per unit. This project was approved with 63 parking spaces for 32 attached dwelling units, at a parking ratio of 1.97 parking spaces per dwelling unit. FRANK I IIISIiAItD, MAV()R JOU. D< r.\., Cm ,?cai.w:.?utra< II< rr I IAN III:1ON, COI XCILAIJUIIiIT BILL JONSON, COUNCHAIENIB R Cmai:N A. Prrr.rsr?, (:()I "I"QUAL liJNIPLOV\II:NT A`n ArriRMA IVI:: Acl ION 1"MITc» 1•:r" J, December 27, 2006 Ruggiero - Page Two The requirement for parapet height for buildings with flat roofs has been amended to a maximum of 42-inches. While a majority of the parapets/railings for this project has been designed at a height of four feet (from roof deck), there are some "parapet" roof projections at a height of 10.67 feet (from roof deck). The definition of "Height, building or structure" has been amended to permit structures permanently affixed to the roof that- accommodate rooftop occupancy only when the structure complies with the maximum allowable height. In the Small Motel District of Beach by Design the maximum height is four stories over ground level parking. The project as approved by the CDB included an increase to building height of an additional 16 feet for an open rooftop pavilion (from roof deck). This open pavilion exceeds the maximum allowable height of four stories over ground level parking. In considering the above changes to the Code and Beach by Design, in accordance with the provisions of Section 4-407 of the Community Development Code, I APPROVE a six-month time extension to August 21, 2007, to submit an application for a building permit to construct the site improvements on your parcel at 150, 158, 162 and 166 Brightwater Drive. In the event you are unable to proceed with the project by submitting for the building permit, the CDB may approve one additional extension of time to initiate a building permit application. Such extension shall not exceed one year, shall be for the project originally approved (or as approved through the Minor Revision process) and shall be for good cause shown and documented in writing. The CDB must receive the request for this extension within the time frame granted by the Planning Director (period of validity after the original extension approved by the Planning Director, which means that any time extension request must be submitted with sufficient lead time to be placed on the CDB agenda that precedes the above expiration date). Good causes may include, but are not limited to, an unexpected national crisis (acts of war, significant downturn in the national economy, etc.), excessive weather-related delays, and the like. The CDB may also consider these same Code amendments enumerated above, whether significant progress on the project is being made and whether or not there are additional pending or approved Code amendments that would further significantly affect the project. Please be aware that 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. If you have any questions, please do not hesitate to call Wayne M. Wells, AICP, Planner III, at 727-562-4504. ((Sincerely, Y Michael Delk, AICP Planning Director S: (Planning DepartmentlC D BIFLEX (FLD) (Inactive or Finished Applications lBrightwater 150 Cinnamon Bay (7) - ApprovedlBrightwater 150 Time Ext. Dev. Order 12.27.06.doc Northsidb &96*e? .Sm *", loo. December 21, 2006 Mr. Michael Delk Planning Director City of Clearwater Planning Department 100 Myrtle Avenue Clearwater, Florida 33765 RE: FLD2005-1 1 109 / TDR2005-11029 150, 158, 162 & 166 Brightwater Drive Cinnamon Bay Dear Mr. Delk: 0 CIVIL LAND PLANNING ENVIRONMENTAL On February 22, 2006 the Community Development Board granted approval of the above referenced project and the subsequent Development Order issued to this site expires on February 21, 2007. The Planning Department supported this development proposal and recommended approval to the Community Development Board as the project was determined to be consistent and in compliance with the Standards and Criteria contained within the Development Code. As we are all aware during the past year, market conditions have changed drastically. The market changes have forced interior design alterations that will have a significant impact on the interior architectural and MEP drawings for this project. Additionally, the marketing material and condominium documents will require substantial changes as well. We hereby respectfully request a twelve month extension to the Development Order to allow redevelopment of the interior architectural, MEP drawings and to send out new bids for proposals of work Should you require additional clarification or information, please feel free to contact me. Thank you in advance for your kind consideration and assistance with this development project. ectfully, Renee Ruggiero, Project er cc: NES 552 File N. Pelzer ORIGINAL RECM 601 CLEVELAND STREET, SUITE 930 CLEARW ATER, FLORIDA 33755 TECH@NORTHSIDEENCINEERINe..COM 727.443.2869 FAX 727.44611036 DEC 2'2 2006 PLANNING DEPARTMENT CITY OF CLEARWATER .4 0 . 0 CITY OF C L E A R W A T E R PLANNING DEPARTMENT ??f?dT?S? ?(v+)+ POST OFFICE BOX 474H> CLEARWATER> F?.oRIDA 33758-4748 ,7 I1 '°?i''.?,/??i1 MUNICIPAL. SFRvicrs BUILDING, 100 SOUTH MYRTLE AVFNUF, CLEARWATER, FLORIDA 33756 TELEPHONE (727) 562-4567 FAx (727) 562-4865 LONG RANGE PIANNING DEVELOPMENT REVIEW February 22, 2006 Mr. Housh Ghovaee Northside Engineering Services Inc. 601 Cleveland Street, Suite # 930 Clearwater, Florida 33755 RE: Development Order - Case Nos. FLD2005-11109/TDR2005-11029 - 150, 158, 162 and 166 Brightwater Drive Dear Mr. Ghovaee: This letter constitutes a Development Order pursuant to Section 4-206.D.6 of the Community Development Code. On February 21, 2006, the Community. Development Board reviewed your requests for (1) Flexible Development application to permit 32 attached dwellings in the Tourist District with reductions to the front (south) setback from 15 feet to 11.7 feet (to building) and from 15 feet to zero feet (to trash staging area), a reduction to the side (east) setback from 10 feet to 8.6 feet (to pavement), a reduction to the side (west) setback from 10 feet to 7.8 feet (to pavement), reductions to the rear (north) setback from 20 feet to 19.4 feet (to building) and from 20 feet to zero feet (to pool deck and boardwalk) and an increase to building height from 35 feet to 46.33 feet (to roof deck) with an additional 10.67 feet for parapets (from roof deck) and an additional 16 feet for an open rooftop pavilion (from roof deck), as a Comprehensive Infill Redevelopment Project, under the provisions of Section 2-803.C; and (2) Transfer of Development Rights for three units from 409 East Shore Drive, under the provisions of Section 4-1403 (TDR2005-11029). The Community Development Board (CDB) APPROVED the application with the following bases and conditions: Bases for Approval: 1. The proposal complies with the Flexible Development criteria as a Comprehensive Infill Redevelopment Project per Section 2-803.C. 2. The proposal is in compliance with other standards in the Code including the General Applicability Criteria per Section 3-913. 3. The development is compatible with the surrounding area and will enhance other redevelopment efforts. 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 a Unity of Title be recorded in the public records prior to the issuance of any permits; FRANK HIHRARD, MAYOR Bn.I. JONSON, VICE-MAYOR JOAN DORAN, CHINCILMEMBI:'R HOYr HAMIIXON, COUNCII.MRMBER ® CARLEN A. PHIT'RSHN, COUNCH AH:N111H "EQUAL EMPLOYMENT AND AFFIRMAIIVI? ACTION EMPLOYER" • February 22, 2006 Ghovaee - Page 2 • 3. That a special warranty deed, specifying the number of dwelling units being conveyed or sold from 409 East Shore Drive 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 409 East Shore Drive due to the transfer of development rights. Any mortgage holder of the sending site (409 East Shore Drive) shall consent to the transfer of development rights prior to the issuance of any permits; 4. That a condominium plat be recorded prior to the issuance of the first Certificate of Occupancy; 5. That any future freestanding sign be a monument-style sign a maximum four feet in height and designed to match the exterior materials and color of the building; 6. That boats moored at the existing or future docks, lift and/or slips be for the exclusive use by the residents and/or guests of the condominiums and not be permitted to be sub-leased separately from the condominiums; 7. That all applicable requirements of Chapter 39 of the Building Code be met related to seawall setbacks; 8. 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; 9. That all Fire Department requirements be met 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 the restrooms on the ground floor meet all Federal Emergency Management Administration (FEMA) rules and guidelines; 12. That all utility equipment including but not limited to wireless communication facilities, electrical and gas meters, etc. be screened from view and/or painted to match the building to which they are attached, as applicable, prior to the issuance of the first Certificate of Occupancy; 13. That all Parks and Recreation fees be paid prior to the issuance of any permits; and 14. That, prior to the issuance of the Certificate of Occupancy, traffic impact fees be assessed and paid. Pursuant to Section 4-407, an application for a building permit shall be made within one year of Flexible Development approval (February 21, 2007). All required certificates of occupancy shall be obtained within two years of the date of issuance of the building permit. 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. • February 22, 2006 Ghovaee - Page 3 • 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 January 31, 2006 (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/gov/dots/planning. *Make Us Your Favorite! Sincerely, Michael Delk, AICP Planning Director S: (Planning DepartmentIC D BIFLEX (FLD)Vnactive or Finished Applications lBrightwater 150 Cinnamon Bay (7) - ApprovediBrightwater 150 Development Order.doc Cinammon Bay 0 • Page 1 of 1 Wells, Wayne From: Wells, Wayne Sent: Tuesday, February 21, 2006 7:34 AM To: 'Troy J. Perdue' Subject: RE: Cinnamon Bay None that I am aware of yet. -----Original Message----- From: Troy I Perdue [mailto:troyp@jpfirm.com] Sent: Monday, February 20, 2006 11:29 AM To: Wells, Wayne Subject: Cinammon Bay W, any news on this application? Any expected opposition or other rustlings? Troy James Perdue, Esq. Johnson, Pope, Bokor, Ruppel, & Burns, LLP 911 Chestnut Street Clearwater, FL 33756 phone: 727-461-1818 fax: 727-462-0365 2/21/2006 Cinammon Bay 0 0 Page 1 of 1 Wells, Wayne From: . Wells, Wayne Sent: Wednesday, February 15, 2006 8:22 AM To: 'Troy J. Perdue' Subject: RE: Cinnamon Bay I have received an email from Doreen Williams accepting the conditions of approval and have not received any letters of opposition .... so.... yes, it is on the consent portion of the agenda (at this point in time). -----Original Message----- From: Troy J. Perdue [mailto:troyp@jpfirm.com] Sent: Wednesday, February 15, 2006 5:49 AM To: Wells, Wayne Subject: Cinammon Bay W, are we on consent, by chance? Troy James Perdue, Esq. Johnson, Pope, Bokor, Ruppel, & Burns, LLP 911 Chestnut Street Clearwater, FL 33756 phone: 727-461-1818 fax: 727-462-0365 2/15/2006 0 0 Page 1 of 1 Wells, Wayne From: Doreen Williams [Doreen@northsideengineering.com] Sent: Monday, February 13, 2006 2:04 PM To: Wells, Wayne Cc: Troy J. Perdue Subject: Cinnamon Bay Wayne - we are ok with the conditions as is. E Doreen A. Williams Project Director Northside Engineering Services, Inc. 601 Cleveland Street, Suite 930 Clearwater, FL 33755 Phone: 727-443-2869 / Fax: 446-8036 / Cell: 235-8474 Email: doreen@northsideen inq eering.com 2/13/2006 • • Wells, Wayne From: Wells, Wayne Sent: Monday, February 13, 2006 12:59 PM To: Renee Ruggiero (E-mail) Subject: FLD2005-11109, 150 Brightwater Dr. Renee - Attached is a copy of the Staff Report for FLD2005-11109 for 150 Brightwater Drive for the February 21, 2006, CDB meeting. Please let me know by noon on February 17, 2006, whether the conditions of approval are acceptable or not. Wayne Brightwater 150 Staff Report.d... Cinnamon Bay • • Page 1 of 1 Wells, Wayne From: Wells, Wayne Sent: Friday, February 10, 2006 6:02 PM To: Troy Perdue (E-mail) Subject: FW: Cinnamon Bay Troy - Attached is the Staff Report for this case. Wayne -----Original Message----- From: Troy J. Perdue [mailto:troyp@jpfirm.com] Sent: Thursday, February 02, 2006 9:40 AM To: Wells, Wayne Subject: Cinnamon Bay Big W, how ya been? When you get a chance, could you forward your glowing Staff Report for 150,158, 162 and 166 Brightwater Dr.? Gracias, senor, Master T Troy James Perdue, Esq. Johnson, Pope, Bokor, Ruppel, & Burns, LLP 911 Chestnut Street Clearwater, FL 33756 phone: 727-461-1818 fax: 727-462-0365 2/10/2006 • Wells, Wayne From: Wells, Wayne Sent: Monday, February 06, 2006 5:43 PM To: Renee Ruggiero (E-mail) Subject: FLD2005-1 1 1 09/TDR2005-11029, 150 Brightwater Drive, Cinnamon Bay Renee - Color rendered elevations for this project have been submitted for the 24"x36" sheets for this project (only one for my project file). Since this project is to be decided by the CDB, and since there are presently no large colored elevations in the packets for the CDB, is there any way that a reduced colored version (8.5"x11 ") could be submitted, not only for presentation purposes but for the CDB members and others for their packets (15 copies)? If so, could they be submitted quickly, as we are preparing packets to go out to the CDB? Thanks. Wayne da)PRM9 10j(p . cvLo LAND PLANNING O 5"m" Smeea sx. TRRAN ANS SP PORRTATIOTATI ON L 0 LETTER OF TRANSMITTAL Date: February 2, 2006 To: Mr. Wayne Wells, Planner III Planning Department 100S * Myrtle Ave #210 Clearwater, FL 33755 Reference: Cinnamon Bay - 150 Brightwater Dr NES Proj# 518 We Transmit: Enclosed Mail Pick-Up Per Your Request X For Your Use For Your Files Under Separate Cover UPS Overnight X Hand Delivered For Your Review & Comment For Your Approval For Your Information X Originals X_ Prints Addendum Shop drawings Specifications Applications Floppy Disk Descrinti I? 15 Revised Architectural Sheets Al & A3 ?I 15 Revised. Reduced Architectural Sheets Al & A3 Please contact us at (727) 443-2869 should you have any questions or comments. By: A_?+geFffiines, Executive Admin. Assistant Copies To: File N. Pelzer 601 CLEVELAND STREET, SUITE 930 CLEARWATER, FLORIDA 33755 NESADMIN@MINDSPRING.COM N ESTECH@MI NDSPRI NG.COM 727 • 443 • 2869 FAX 727 • 446 • 8036 ORIGINAI, RED^?i?,??h F4B o? .nn _L'u P A!',!NL' JNG f_EPAkT1-JENr ''y OF OiNrARWATER • 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) 562-4865 LONG RANGE PLANNING DEVELOPMENT REVIEW January 24, 2006 Mr. Housh Ghovaee Northside Engineering Services Inc. 601 Cleveland Street, Suite # 930 Clearwater, Florida 33755 Re: Community Development Board Meeting (Case Nos. FLD2005-11109/TDR2005-11029) Dear Mr. Ghovaee: The Case Nos. FLD2005-11109/TDR2005-11029 for (1) Flexible Development approval to permit 32 attached dwellings in the Tourist District with reductions to the front (south) setback from 15 feet to 11.7 feet (to building) and from 15 feet to zero feet (to trash staging area), a reduction to the side (east) setback from 10 feet to 8.6 feet (to pavement), a reduction to the side (west) setback from 10 feet to 7.8 feet (to pavement), reductions to the rear (north) setback from 20 feet to 19.4 feet (to building) and from 20 feet to zero feet (to pool deck and boardwalk) and an increase to building height from 35 feet 46.33 feet (to roof deck) with an additional 10.67 feet for parapets (from roof deck) and an additional 16 feet for an open rooftop pavilion (from roof deck), as a Comprehensive Infill Redevelopment Project, under the provisions of Section 2- 803.C; and (2) Transfer of Development Rights for three units from 409 East Shore Drive, under the provisions of Section 4-1403 (TDR2005-11029), for property located at 150, 158, 162 and 166 Brightwater Drive, has been scheduled to be reviewed by the Community Development Board on February 21, 2006. The meeting will take place at 1:00 p.m. in the City Council Chambers, 3Ta 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, nAV I WaynnM. Wells, , AICP Planner III S: I Planning Department)C D BIFLEX (FLD)IPending casesl Up for the next CDBWrightwater 150 Cinnamon Bay (7) - 2.21.06 CDB - WWIBrightwater 150 CDB Letter.doc FRANK HIBBARD, MAYOR BILL JONSON, VICE-MAYOR JOHN DORAN, COUNCII-MEMBER HOYT HAMILTON, COUNCILMEMBER ® CARLEN A. PIiTERSEN, COUNCILMEMBER "EQUAI. EMPLOYMEWT AND AFFIRMATIVE Ac-PION EMPLOYER" JAN/17/2006/TUE 04:31 PM FIRE SAFETY, INC. FAX No.727 523 8595 P.001 Aft Aft FIRE SAFETY, INC. A Fire Sprinkler Co. 2721 Roosevelt Boulevard, Clearwater, Fl. 33760-2502 (727) 523-1843, 523-8595 fax Fay TO: Lenny Rickard From: Mina Bayood Clearwater Fire & Rescue Phone: (727) 562-4327 Fax: (727) 562-4461 pages: 3 (including cover page) Date: 1/17/2006 Re: Water Supply at Cinnamon Bay Condominiums 150 Brightwater Drive - Clearwater, Florida ? Urgent x For Review ?Please Comment ? Please Reply ? Please Recycle V ? o C) `- o? OLA. 00111 << EIRE ;SAFETY, 5 « L2o e WMMPP? c,0? & 00 0 A qt ' 0 X?' w? Cinncunon Bay Condontiniunk, http:l/www.flreiafety-ine.com/ 01117/2006 JAN/17/2006/TUE 04:31 PM FIRE SAFETY, INC. FAX No,727 523 8595 P. 002 FIRE SAFETY, INC. A Firc Sprinkler Co. 2721 Roosevelt Boulevud, Clcarwater, FL 33760-2502 (727) 523-1843, 523-8595 fax January 17, 2006 Inspector Lenny Rickard City of Clearwater Fire & Rescue 100 South Myrtle Ave Clearwater, FL 33756 Re: Cinnamon Bay Condominium 150 Brightwater Drive Clearwater, Florida Inspector Rickard: It appears that the water supply located at the above referenced address is capable of providing the required flow and pressure for the standpipe on the roof. Cinnamon Bay is a five-story residential condominium building, four living levels above one parking level. The proposed building will require three (3) standpipes per NFPA 14. The standpipe system will be Automatic per The City of Clearwater, therefore the standpipe demand shall be 1000 gpm at 100 psi at the roof. The standpipe system demand is greatly higher than the sprinkler system demand. A fire pump must be installed to provide the needed pressure on the roof. The best size fire pump is a 750 gpm at 145 psi, which will meet the standpipe system flow demand of 1000 gpm. In addition, it can be tested at the 150% capacity point, without depleting the water supply line to unacceptable levels. It is also recommended that the fire pump to be installed on the next immediate level above the parking level to maintain adequate suction pressure. Attached please find a hydraulic calculation graph that indicates an estimated system demand versus the water supply supported by the fire pump. This letter and graph do not constitute, in any shape or form, a fire protection system design; it is only used to evaluate the existing water supply. Sincerely, /%9A19tD Mina Bayood Cinnamon Bay Condominium htta://www.flresafely-inc.com/ 01117/2006 Water Supply Curve (C) Fire Safety Inc. Cinnamon Bay Condominiums Page 2 Date 01/16/20 City Water Supply: C1 - Static Pressure Pump Data: : 66 PSI P1 - Pump Chum Pressure 174 PSI C2 - Residual Pressure: 47 PSI C2 - Residual Flow 990 GPM P2 - Pump Rated Pressure P2 - Pump Rated Flow 145 PSI 750 GPM City Water Adjusted to Pu for Pf - Elev - Hose Flow mp Inlet P3 - Pump Pressure @ Max Flow P3 - Pump Max Flow City Residual Flow @ 0 PSI 94.25 PSI 1125 GPM = 1940.68 GPM Al - Adjusted Static: A2 - Adj Resid A3 - Adj Resid 54.306 PSI 33.571 PSI @ 750 GPM 17.108' PSI @ 1125 GPM City Residual Flow @ 20 PSI City Water @ 150% of Pump = 1596.63 GPM = .9 300 280 260 p 240 R 220 E 200 S180 S160 U 140 R 120 E 100 80 60 40 20 Demand: 01 - Elevation 25.769 PSI D2 - System Flow GPM D2 - System Pressure 130.719 PSI Hose { Adj City) GPM Hose { Demand) 1000 GPM D3 - System Demand : 1000 GPM Safety Margin 5.007 PSI + P2 D3 A3 200 400 600 800 1000 1200 1400 1600 FLOW (N " 1.85) 1800 a z N O O 61 r? 0 .P b s? Computer Programs by Hydratec Inc. Route 111 Windham N.H. USA 03087 Horthside January 10, 2006 Mr. Wayne Wells Planner III City of Clearwater Planning Department 100 S. Myrtle Avenue, #210 Clearwater, FL 33756 RE: FLD2005-1 1 109 / 150 Brightwater Drive Cinnamon Bay / NES #552 Dear Mr. Wells: Listed below are the conditions received on 12/19/2005. CIVIL • LAND PLANNING • ENVIRONMENTAL • TRANSPORTATION • ORIGINAL RECEIVED JAN 11 2006 PLANNING DEPARTMENT CITY OF CLEARWATER Fire Condition 1. Fire flow calculations / water study is being prepared and Engineer has been working with Chief Strong to provide requested and required information. 2. Per architect, the revised plans submitted on 12/12/2005, see sheet A-2, 3`a floor plan for emergency generator and sheet A-2, 2°d floor plan for fire pump room. 3. Fire provided clarification of request/requirement. See revised sheet C3.1 (revised as per clarification from Chief Strong). Park and Recreation 1. The existing uses consist of 41 overnight accommodations and one attached dwelling. Solid Waste 1. Recycling carts are identified on C2.1 within the trash rooms. ZoninE 1. Colored elevations included in this package with new color scheme. 2. Color scheme notes added to all four elevations, see sheet A4. 3. Cabanas will be used for owner storage, we acknowledge this requirement. All potential conditions of approval (items 4 -15 and 18) are acknowledged and accepted. 16. Fourth floor plan adjusted to meet requirements, see sheet A3. 19. See Revised Sheets C2.1, C3.1, L1.I for elevations as per your request 20. See Revised C2.1, C3.1, L1.1 and Architects plans for location of wall, meters and service platform . NES/Civil and architectural plans have been coordinated. 21. Roof plan revised to show roof over stairwell, see sheet A3. Elevations revised to show stair across to roof, see sheet A4. 22. Elevator changed to meet 16' - 0" requirements, see sheet A4. The Pavilion moved to the rear of the building, the height has been adjusted to under 16'-0" and the size has been reduced to 25'-0" square, see sheets A3 and A4. 601 CLEVELAND STREET, SUITE 930 CLEARWATER, FLORIDA 33755 NESADMIN@MINDSPRING.COM Page 1 oft N ESTECH@MI N DS P RI NG.COM 727 - 443 • 2869 FAX 727 • 446 • 8036 9 . 0 TDRs. This development request provides 29 dwelling units with an additional three units through TDR. The proposed unit sizes will provide the market with more unit choices; increased marketability will be realized by offering larger units. Although the building footprint exceeds the minimal dimensions required for the two rows of parking spaces and a 24' drive aisle the development proposal provides fewer units than permit through the TDR process and will afford larger unit sizes as required by the current real estate market. Planning opinion acknowledged. 24. Per the Demolition contractor, he is currently in the application process for abatement. Abatement inspection will be performed on 12/22/05 with the response letter to immediately follow. Once the letter is received, the demolition permit will be obtained. If there are any additional comments or concerns, please contact our office. Sincerely, Ir- Renee Ruggiero Project Planner ORIGINAL RECEIVED JAN 11 2006 PLANNING DEPARTMENT CITY OF CLEARWATER Page 2 of 2 0 December 12, 2005 Mr. Wayne Wells Planner III City of Clearwater Planning Department 100 S. Myrtle Avenue Clearwater, FL 33756 RE: FLD2005-11109 - 150 Brightwater Drive - NES #552 DRC Response Dear Mr. Wells: 0 ORIGINAL RECEIVED JAN 11 2006 PLANNING DEPARTMENT CITY OF CLEARWATER Listed below are our responses to the Development Review meeting held on December 8, 2005. General Engineering 1. Sidewalk has been relocated to back of curb, See revised C2.1 2. Sanitary sweep added w/ detail, see sheet C3.1 3. Acknowledge, information will be provided prior to issuance of building permit Fire 1. Acknowledge, Fire Flow Calculations/Water Study has been ordered 2. See revised architectural plans for location of fire pump and emergency generator 3. Fire Riser tied to fire pump - C3.1 Landscaping 1. See revised C2.1 and L1.1 for curbing at back up flares 2. Table has been corrected to 50 3. Waterfront triangles contain ground cover/sod only, hedges have been removed as per your request Parks and Recreation 1. Acknowledged. Stormwater 1. Acknowledge, to be provided prior to issuance of building permit 2. Grading plan has been revised to provide more detail as per your discussion w/ NES on 12/12/05 3. See swale detail provided on L 1.1 indicating "Plantings to be placed within the centerline of first 1' from T.O.B. so as not to obstruct flow line of Swale as per your discussion w/NES on 12/12/05 Solid Waste 1. Recycling carts located within trash rooms and labeled. Page 1 of 3 ORIGINAL • ? RECEIVED JAN 11 2006 Traffic Engineering PLANNING DEPARTMENT CITY OF CLEARWATER 1. Minimum of 8'2" clear height will be provided per architect 2. Accessible path provided from building to public sidewalk 3. Accessible path provided from parking area to pool area as per our discussion and agreement at DRC. Planning 1. Sheet C3.1 has been revised to provide requested grading for pool deck, boardwalk and adjacent to property lines 2. Architects response 3. Architects response 4. Architects response 5. Architects response 6. Architects response 7. Site Date Table has been revised 8. Per Fire 30' radius required and provided 9. Sheet C2.1 has been revised, sidewalk correctly line up to doors 10. Architects response 11. The building has been rotated slightly to provide a greater setback in the south eastern front yard as per our discussion. Although the site appears to be a simple rectangle there is a curve to the site that is deceiving. 12. Architects response 13. See revised C2.1 for stippling of "Islands" 14. The areas will be used for pool equipment storage only 15. Access pathways have been relocated as discussed and agreed upon at DRC The potential conditions contained within items 16-27 are hereby acknowledged 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. Architects response 29. Condition acknowledged 30. Acknowledge, Unity of Title to be provided prior to issuance of permit 31. A-A and B-B are outside of boardwalk area, details and elevations provided 32. Architects response 33. Architects response 34. Architects response 35. Architects responses 36. Architects responses Page 2 of 3 A• 37. See revised C2.1 for addition of Pergolas 38. The overall dimensions of the building are unchanged; however the building has been slightly rotated to provide a greater setback at southeast corner of site as per Wayne's request. 39. Acknowledge, all existing unused driveways will be removed. See note on C2.1 40. Architect response relating to "there is no improved articulation to the side elevations" ? Acknowledge, comment relating drive aisle removed from narrative. 41. Acknowledge, see revised narrative 42. Ter developer permit obtained. If there are any additional comments or concerns, please contact our office. Sincerely, Renee Ruggiero Project Planner 12/13/05 NES # 552 - RMR ORIGINAL RECEIVED JAN 11 2006 PLANNING DEPARTMENT CITY OF CLEARWATER Page 3 of 3 sm&a lace CIVIL® LAND PLANNING O ENV[ RONMENTAL 0 TRANSPORTATION LETTER OF TRANSMITTAL ORIGINAL Date: January 11, 2006 RECEIVED To: Sherry L. Watkins, Administrative Analyst City of Clearwater Planning Department JAN 11 2006 100 S. Myrtle Ave, #210 Clearwater, FL 33756 PLANNING DEPARTMENT CITY OF CLEARVIATER Reference: Cinnamon Bay / 150 Brightwater Dr. NES Proj# 0552 We Transmit: X_ Originals X_ Prints X_ Enclosed Under Separate Cover Addendum Mail UPS Overnight Shop drawings Pick-Up X Hand Delivered Specifications X Applications Floppy Disk Descripti 15 Flex Development Application (Comp. Infill) 15 Letter of Authorization & Affidavits 15 Warranty Deeds 45 Surveys (1 signed and sealed) 15 Stormwater Report & Narrative, 1 Signed and Sealed 15 Civil & Landscape Drawings (4 sheets), 1 Signed and Sealed 15 8.5" X 11" Civil Site Plan 15 8.5" X 11" Colored Landscape Plan 1 8.5 X 11" Colored Renderings 15 8.5 X 11" Building Elevations 1 Color chi attached to Original Are. Drawing 15 24 X 36 Architectural Drawings 15 TDR Application Packets Please contact us at (727) 443-2869 should you have any questions or comments. Copies to: FILE By' Z3?jlk? N. Pelzer el nes, xecut dmin. Assistant A. Haines 601 CLEVELAND STREET, SUITE 930 CLEARWATER, FLORIDA 33755 NESADMIN@MIND5PRIN6.COM NESTECH©MINDSPRIN6.COM 727 • 443 • 2869 FAX 727 • 446 • 8036 • • Wells, Wayne From: Wells, Wayne Sent: Monday, December 19, 2005 6:35 PM To: Renee Ruggiero (E-mail) Cc: Delk, Michael; Clayton, Gina; Thompson, Neil; Keller, James Subject: FLD2005-11109/TDR2005-11029, 150, 158, 162 and 166 Brightwater Drive Renee - I spoke to Doreen tonight regarding this case and informed her that it will not be scheduled for the January 17, 2006, CDB meeting due to noncompliance with Fire Department comments regarding fire flow calculations. Regardless of some language relative to when such information must be submitted, reviewed and approved, the normal schedule and procedure is that cases are not scheduled for the next CDB meeting until each Department has signed off as all DRC comments being "met". These comments were provided to you as part of the DRC comments. Please submit the necessary documentation requested by the Fire Department, as well as the revisions necessary due to Zoning comments faxed to you today, no later than noon, January 11, 2006, for the February 21, 2006, CDB agenda. Should you have any questions regarding this, feel free to contact myself or Michael Delk. Wayne Question........ 6, 0 Page 1 of 1 Wells, Wayne From: Wells, Wayne Sent: Monday, December 19, 2005 2:09 PM To: 'Renee Ruggiero' Cc: Doreen Williams (E-mail); Watkins, Sherry Subject: RE: Question........ Renee - Regarding the cases that were on the December 8, 2005, DRC agenda, I am still working on the 678 S. Gulfview Blvd. case. Regarding 150 Brightwater Drive, I will fax over the Zoning Conditions still outstanding. You need to deal with the comments marked with an asterisk *, as I have added in comments regarding your resubmission. Looking at the comments, you need to address the comments and revise the submittal documents (narrative or site/building plans), but they are not comments that would keep this case off of the agenda. If possible, I would like to see revised application materials submitted by 2:00 pm on Wednesday, December 28, 2005. 1 need to send this agenda over to the City Clerk by the end of today. However, Fire Department comments, which I have sent to you, still need to be addressed prior to scheduling this case, as well as the case at 678 S. Gulfview Blvd. (sent to Doreen), for the CDB. You need to work this out with Fire. Wayne -----Original Message----- From: Renee Ruggiero [maiIto: Renee@northsideengineering.com] Sent: Monday, December 19, 2005 8:50 AM To: Wells, Wayne Subject: Question........ Wayne - good Morning : ) I believe I answered all issues relating to my cases last week, shy of the North Somerset issues with fire, Have I addressed everything you need to move forward ? I sent over acceptance letters for conditions of approval, anything else out there I am forgetting about for you? Hope you had a great week-end Renee Ruggiero, Project Planner Northside Engineering Services, Inc. T- 727-443-2869 F- 727-446-8036 12/19/2005 0 FAX COVER MEMO CITY OF CLEARWATER PLANNING DEPARTMENT 100 S. MYRTLE AVE. CLEARWATER, FL 33756 (727) 562-4567 FAX: (727) 562-4865 TO: FAX: 44 6 - 810 3 ?, Phone: +A- 3 - 2.,S\o I FROM: ",t:4 U Q 1 ?? Phone: J U, Z J DATE:. F-t?aZov?-1110) NUMBER OF PAGES(INCLUDING THIS PAGE) S • Dec. 19 2005 02:15PM YOUR LOGO YOUR FAX NO. 7275624865 NO. OTHER FACSIMILE START TIME USAGE TIME MODE PAGES RESULT 01 94468036 Dec.19 02:13PM 02'17 SND 05 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). • Conditions Associated With FLD2005-11109 150 BRIGHTWATER DR Fire Condition Leonard Rickard 562-4327 x3062 11/27/2005 Provide Fire Flow Calculations / Water Study by a FIRE PROTECTION ENGINEER to assure an Not Met adequate water supply is available and to determine if any upgrades are required by the developer due to the impact of this project. Calculations / Water Study due PRIOR TO CDB. O 12/15/2005 Water Flow Calculations not provided. Calculations Must meet NFPA 1142 to include ANNEX H (JFK) 11/27/2005 Show location of fire pump and emergency generator. PRIOR TO CDB Not Met 12/15/2005 Not shown (JFK) 11/27/2005 Fire risers for dock protection must be tied to fire pump. Show on plan PRIOR TO CDB Not Met 12/15/2005 Not shown on plans. (JFK) Parks & Recs Condition Debbie Reid 562-4818 12/15/2005 Open space/recreation impact fees are due prior to issuance of building permits or final plat (if Not Met applicable) whichever occurs first. These fees could be substantial and it is recommended that you contact Art Kader at 727-562-4824 to calculate the assessment. Site data table needs to be corrected to show existing usage and to specify if hotel/motel units. Solid Waste Condition Tom Glenn 562-4930 11/21/2005 Show where recycling carts will be placed for resident use Zoning Condition Wayne Wells, AICP Not Met 727-562-4504 11/21/2005 12/16/05 - WW Not Met Based on the response, unclear if there are changes made to the color scheme. No colored elevation submitted for CDB package. 11/21/05 - WW Proposed colors are intense and do not meet Section L, Materials and Colors, inclduding the color pallette, of the Design Guidelines of Beach by Design. 11/21/2005 12/16/05 - WW Not Met Color scheme is only written on the south elevation. Need on all elevations. 11/21/05 - WW Unclear as to color scheme for the entire building, since there was no color renderings provided, at least of the front elevation. Need to detail on all elevation the proposed color scheme, as partially indicated on the south elevations. Strongly suggest providing a color rendering. Will also be very helpful for presentation purposes at the CDB meeting (8.5"x11 "). 11/22/2005 12/16/05 - WW Not Met If these "cabanas" are for pool equipment storage, it would be designed totally different than shown. Reality is these will be for owner storage cabanas. Approval of this request will include a condition that storage within these cabanas meet FEMA requirements and require recorded documents restricting their use prior to the issuance of the first Certificate of Occupancy. CaseConditons Print Date: 12/19/2005 Page 1 of 4 • • FLD2005-11109 150 BRIGHTWATER DR Zoning Condition Wayne Wells, AICP 727-562-4504 11/22/05 - WW Describe the intended use of the "cabanas" shown on the ground floor near the pool. 11/22/2005 Potential condition of approval: That the final design and color of the building be consistent with the conceptual elevations submitted to, or as modified by, the CDB; 11/22/2005 Potential condition of approval: That any future freestanding sign be monument-style, a maximum four feet in height and designed to match the exterior materials and colors of the building; 11/22/2005 Potential condition of approval: 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; Not Met Not Met Not Met 11/22/2005 Potential condition of approval: Not Met That a condominium plat be recorded prior to the issuance of the first Certificate of Occupancy; 11/22/2005 Potential condition of approval: Not Met That boats moored at the existing or future docks be for the exclusive use by the residents and/or guests of the condominiums and not be permitted to be sub-leased separately from the condominiums; 11/22/2005 Potential condition of approval: Not Met That all applicable requirements of Chapter 39 of the Building Code be met related to seawall setbacks; 11/22/2005 Potential condition of approval: Not Met That all Fire Department requirements be met prior to the issuance of any permits; 11/22/2005 Potential condition of approval: Not Met That, prior to the issuance of the Certificate of Occupancy, traffic impact fees be assessed and paid; 11/22/2005 Potential condition of approval: Not Met That all Parks and Recreation fees be paid prior to the issuance of any permits; 11/22/2005 Potential condition of approval: Not Met That a special warranty deed, specifying the number of dwelling units being conveyed or sold from 409 East Shore Drive 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 409 East Shore Drive due to the transfer of development rights. Any mortgage holder of the sending site (409 East Shore Drive) shall consent to the transfer of development rights prior to the issuance of any permits; 11/22/2005 Potential condition of approval: Not Met 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; 11/22/2005 Potential condition of approval: Not Met That the restrooms on the ground floor meet all Federal Emergency Management Administration Print Date: 12/19/2005 CaseConditons Page 2 of 4 • • FLD2005-11109 150 BRIGHTWATER DR Zoning Condition (FEMA) rules and guidelines; Wayne Wells, AICP 727-562-4504 11/22/2005 12/19/05 - WW Not Met The design works for floors 1-3, but there is no compliance with the top floor. Revise. 11/22/05 - WW Per Beach by Design, Page 59, Section C.2, no plane of a building may continue for greater than 100 linear feet, without at least an offset of greater than five feet. The rear of the building does not meet this Design Guideline. Compliance with this requirement will need to be demonstrated on each floor. Added to this concern regarding this requirement is the extreme largeness of most of the balonies and master bedrooms on the fourth floor. Revise. 11/22/2005 Potential condition of approval: Not Met That all utility equipment including but not limited to wireless communication facilities, electrical and gas meters, etc. be screened from view and/or painted to match the building to which they are attached, as applicable prior to the issuance of the first Certificate of Occupancy; 11/22/2005 Potential condition of approval: Not Met That a Unity of Title be recorded in the public records prior to the issuance of any permits; 11/22/2005 12/16/05 - WW ?1. Show the boardwalks in cross-sections as "A-A" and "B-B," including the proposed elevation of ?C the boardwalk and top of bank. Based on the location of top of pond shown on the site plan, versus the dimensions in cross-sections as "A-A" and "B-B," there is still a conflict between the location and width of the boardwalk, the location of the top of pond and the top elevation of the boardwalk. Revise. 11/22/05 - WW Sheet C3.1 - Indicate the cross-sections as "A-A" and "B-B". Also, if there is going to be a boardwalk along the seawall providing access to the future docks, unclear at what elevation the boardwalk will be at if the top of seawall is at elevation 4.0 and the top of bank for the retention pond is at elevation 5.0. There appears to be a conflict. 11/22/2005 12/16/05 - WW North elevation on Sheets A-1 and A-4 indicates the location of the meters, however, this is not shown on Sheets C2.1, C3.1 and L1.1. The architectural plans indicate a platform with steps to it, yet the platform is over a retention pond. How will Progress Energy personnel access the steps to the platform, if it is within a retention pond? Revise. Also, the meters are now shown to be located on a wall between the two columns. The civil plans do not show this wall. Revise Sheets C2.1, C3.1 and L1.1 to show this wall. 11/22/05 - WW Unclear of the location of the electric meters for this project and whether there will be any required platform required per the National Electric Code and FEMA to allow Progress Energy personnel to read the meters. Show location and any required platform. Not Met Not Met 11/22/2005 12/16/05 - WW Not Met Elevator now shown to provide access to the roof, but access by stairs not shown. Doorway to roof would be at the corner of the building and, unless the stairs are uncovered and open to the sky, the stairwell, if covered, does not go to the roof, as shown in the north and south elevations on Sheet A-4. Revise Sheet A-3 (roof plan) and Sheet A-4 (north and south elevations). 11 /22/05 - WW Based on the floor plans and the elevations, neither the stairs nor the elevator provides access to the roof. As such, unclear as to the purpose of the large 30'x30' open rooftop pavilion. Remove. 11/22/2005 12/16/05 - WW Not Met Code permits elevators to extend a maximum of 16 feet above the roof deck. Indicated is 17-4 3/4". Staff will not support this additional height, as it is excessive, and recommend lowering to a maximum of 16 feet. Print Date: 12/19/2005 CaseConditons Page 3 of 4 FLD2005-11109 150 BRIGHTWATER DR Zoning Condition Wayne Wells, AICP 727-562-4504 Also, while this comment did not fully outline staff's concern with the rooftop concern, Staffs concern has been raised on the similar projects at 170 and 201 Brightwater Drive. Staff will not cd ? support the rooftop pavilion at the front of the structure. Either remove or relocate to the rear of the roof. Additionally, unclear why it must be approximately 30' square. Suggest reducing the size of the pavilion. Lastly, Staff will not support the proposed height 16'-10 1/4". Suggest no higher than 16 feet. If it is still desired at the front of the structure and the shown height, need to provide clear and convincing justification for the need for such structure, the size of the structure and the height of the structure. 11/22/05 - WW Sheet A-4 - South Elevation - Provide the dimension from the roof deck to the top of the tiled parapet and to all hip-roofed structures, as many of these will be required to be requested for additional height for advertising purposes. 11/22/2005 12/16/05 - WW Response deals with rotating the building on the site and has not responded to the size of the parking drive aisle in relation to why the depth of the building cannot be reduced to allow the building to at least meet or more closely meet the required front setback of 15 feet. Revise. 11/22/05 - WW Unclear why the building cannot meet or exceed the required setbacks (front, side and rear), especially when the drive aisle is proposed exceeding the required width by three feet (27 feet proposed; 24 feet required). Revise. Not Met 11/23/2005 12/16/05 - WW Not Met At this time only a permit to cut and cap the sewer has been issued. There is no permit application submitted to demolish the building at 409 East Shore Drive. When will the permit for such be submitted? 11/23/05 - WW Staff is concerned with the Transfer of Development Rights from 409 East Shore Drive, as the site is still fully developed with a building with seven units, even if the business has been "closed" (no occupational license). There has been no application submitted to demolish the building(s). Print Date: 12/19/2005 CaseConditons Page 4 of 4 Wells, Wayne From: Wells, Wayne Sent: Friday, December 16, 2005 8:11 AM To: Renee Ruggiero (E-mail) Cc: Doreen Williams (E-mail) Subject: FLD2005-11109, 150 Brightwater Drive Renee - Fire Department has reviewed the resubmission and the following comments are still not met that need to be addressed ASAP: 1. Provide Fire Flow Calculations / Water Study by a FIRE PROTECTION ENGINEER to assure an adequate water supply is available and to determine if any upgrades are required by the developer due to the impact of this project. Calculations / Water Study due PRIOR TO CDB. 12/15/2005 Water Flow Calculations not provided. Calculations Must meet NFPA 1142 to include ANNEX H (JFK) 2. Show location of fire pump and emergency generator. PRIOR TO CDB 12/15/2005 Not shown (JFK) 3. Fire risers for dock protection must be tied to fire pump. Show on plan PRIOR TO CDB 12/15/2005 Not shown on plans. (JFK) Wayne r rf • U Wells, Wayne From: Renee Ruggiero [Renee@northsideengineering.com] Sent: Thursday, December 15, 2005 3:53 PM To: Wells, Wayne Cc: Doreen Williams; Angel Haines Subject: RE: Parks & Rec comments, 150 Brightwater Drive Wayne - The existing uses consist of 41 over night accommodations and one attached dwelling. I apologize for missing the comment request, looking at the DRC comments that should have been an additional bullet but was simply wrapped into the standard Parks & Rec paragraph regarding payment due. Thank you for providing an opportunity to respond. Please contact me if you require additional information. Respectfully, Renee Ruggiero -----Original Message----- From: Wayne.Wells@myClearwater.com [mailto:Wayne.Wells@myClearwater.com] Sent: Thursday, December 15, 2005 2:28 PM To: Renee Ruggiero Subject: Parks & Rec comments, 150 Brightwater Drive Renee - Need to address comment below ASAP for 150 Brightwater Drive. Wayne > -----Original Message----- > From: Reid, Debbie > Sent: Thursday, December 15, 2005 1:52 PM > To: Reynolds, Mike; Wells, Wayne > Subject: FW: CDB REsubmittals for the January 17, 2005 Meeting > Mike and Wayne, please see notations below. There are two cases that have not yet met our requested changes. > Debbie -) > -----Original Message----- > From: Kader, Art > Sent: Wednesday, December 14, 2005 12:46 AM > To: Reid, Debbie > Subject: FW: CDB REsubmittals for the January 17, 2005 Meeting > fyi > -----Original Message----- > From: Watkins, Sherry > Sent: Tuesday, December 13, 2005 3:29 PM > To: DRC Members; Gluski, Roberta; Hufford, Diane; Tracy Harmon > Subject: CDB REsubmittals for the January 17, 2005 Meeting > DRC Members, > Plans for the following cases have been resubmitted for the January > 17, 2006, CDB meeting > FLD2005-11106 125 & 143 Island Way Planner :Robert Tefft > DVA2005-00004A 2506 Countryside Planner: Mike Reynolds 1 (Reid, Debbie] Mike, Art Kader had emailed you on December 6th regarding a change that needed to be made to the development agreement, per our Legal Dept. The agreement needs to address the payment of open space impact fees to protect the City. I don't see those changes on the agreement. If you need me to forward Art's email to you, please let me know. > FLD2005-11109 150 Brightwater Dr Planner Wayne Wells [Reid, Debbie] Wayne, we requested that the site data table on this project needed to be corrected to show the existing usage of the property, specifically if the 42 existing units are residential dwellings or hotel/motel units. That-has not been changed/corrected yet and we will need to know that information in order to compute their fees. > FLD2005-08085 400 Jones Street Planner: Robert Tefft > FLD2005-07071 678 S Gulfview Blvd Planner: Wayne Wells > ANX2005-10036 2066 Mall Planner: Cky > ANX2005-10035 3012 Grand View Ave Planner:Cky > I have placed one copy of the cases resubmitted 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 these cases in Permit Plan and determine if they are met. Whether the conditions are "met" or still "not met," please affirm to the planner via email. Please have these cases reviewed, if possible by 9AM, Friday, December 16, 2005. > Thank you, > Sherry L Watkins > Planning Department > Administrative Analyst > (727) 562-4582 > sherry.watkins@myclearwater.com 2 Wells, `Wayne From: Wells, Wayne Sent: Thursday, December 15, 2005 2:28 PM To: Renee Ruggiero (E-mail) Subject: Parks & Rec comments, 150 Brightwater Drive Renee - Need to address comment below ASAP for 150 Brightwater Drive. Wayne -----Original Message----- From: Reid, Debbie Sent: Thursday, December 15, 2005 1:52 PM To: Reynolds, Mike; Wells, Wayne Subject: FW: CDB REsubmittals for the January 17, 2005 Meeting Mike and Wayne, please see notations below. There are two cases that have not yet met our requested changes. Debbie O -----Original Message----- From: Kader, Art Sent: Wednesday, December 14, 2005 12:46 AM To: Reid, Debbie Subject: FW: CDB REsubmittals for the January 17, 2005 Meeting fyi -----Original Message----- From: Watkins, Sherry Sent: Tuesday, December 13, 2005 3:29 PM To: DRC Members; Gluski, Roberta; Hufford, Diane; Tracy Harmon Subject: CDB REsubmittals for the January 17, 2005 Meeting DRC Members, Plans for the following cases have been resubmitted for the January 17, 2006, CDB meeting FLD2005-11106 125 & 143 Island Way Planner :Robert Tefft DVA2005-00004A 2506 Countryside Planner: Mike Reynolds [Reid, Debbie] Mike, Art Kader had emailed you on December 6th regarding a change that needed to be made to the development agreement, per our Legal Dept. The agreement needs to address the payment of open space impact fees to protect the City. I don't see those changes on the agreement. If you need me to forward Art's email to you, please let me know. FLD2005-11109 150 Brightwater Dr Planner Wayne Wells [Reid, Debbie] Wayne, we requested that the site data table on this project needed to be corrected to show the existing usage of the property, specifically if the 42 existing units are residential dwellings or hotel/motel units. That has not been changed/corrected yet and we will need to know that information in order to compute their fees. FLD2005-08085 FLD2005-07071 ANX2005-10036 ANX2005-10035 400 Jones Street 678 S Gulfview Blvd 2066 Mall Planner: Robert Tefft Planner: Wayne Wells Planner: Cky 3012 Grand View Ave Planner:Cky jow 110 0 I have placed one copy of the cases resubmitted 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 these cases in Permit Plan and determine if they are met. Whether the conditions are "met" or still "not met," please affirm to the planner via email. Please have these cases reviewed, if possible by 9AM, Friday, December 16; 2005. Thank you, Sherry L Watkins Planning Department Administrative Analyst (727) 562-4582 sherry.watkins @myclearwater. cons worthsl(IN E"&" SfflAeta Jae December 12, 2005 • CIVIL o LAND PLANNING e ENVIRONMENTAL TRANSPORTATION ORIGINAL RECEIVED Mr. Wayne Wells Planner III City of Clearwater Planning Department 100 S. Myrtle Avenue Clearwater, FL 33756 RE: FLD2005-11109 -150 Brightwater Drive - NES #552 DRC Response Dear Mr. Wells: DEC 13 2005 PLANNING DEPARTMENT CITY OF CLEARWATER Listed below are our responses to the Development Review meeting held on December 8, 2005. -y t General Engineering 1. Sidewalk has been relocated to back of curb, See revised C2.1 2. Sanitary sweep added w/ detail, see sheet C3.1 3. Acknowledge, information will be provided prior to issuance of building permit Fire 1. Acknowledge, Fire Flow Calculations/Water Study has been ordered 2. Fire pump located on 2nd floor plan. See sheet Al. Emergency generator located on third floor plan. See sheet Al. 3. Fire Riser tied to fire pump - C3.1 Landscaping 1. See revised C2.1 and L1.1 for curbing at backup flares 2. Table has been corrected to 50 3. Waterfront triangles contain ground cover/sod only, hedges have been removed as per your request Parks and Recreation 1. Acknowledged. Stormwater 1. Acknowledge, to be provided prior to issuance of building permit 2. Grading plan has been revised to provide more detail as per your discussion w/ NES on 12/12/05 3. See swale detail provided on C3.1 indicating "Plantings to be placed within the centerline of first V from T.O.B. so as not to obstruct flow line of swale as per your discussion w/NES on 12/12/05 Solid Waste 1. Recycling carts located within trash rooms and labeled. Traffic Engineering 1. Minimum of 8'-2" clear height provided throughout parking garage. See sheet A4. 2. Accessible path provided from building to public sidewalk 601 CLEVELAND STREET, SUITE 930 CLEARWATER, FLORIDA 33755 NESADMIN@MINDSPRING.COM Page 1 of3 N ESTECH@MI N DS PRI NG.COM 727 • 443 • 2869 FAX 727 • 446 • 8036 • • 3. Accessible path provided from parking area to pool area as per our discussion and agreement at DRC. Planning 1. Sheet C3.1 has been revised to provide requested grading for pool deck, boardwalk and adjacent to property lines 2. Colors have deliberately been chosen to provide an esthetically pleasing and grounded design. 3. Roof top plan has been added to these sets. See sheet A3. 4. Outline of balcony above shown on second floor plan, note calling out "Outline of Building Above" added. See sheet A2. Third floor units are larger and project beyond the outline of the second floor. See sheet A2. 5. Some guardrails are ornate balustrades and other guardrails are solid walls as shown on sheet A4. 6. Complete renderings provided with this package. 7. Site Data Table has been revised 8. Per Fire 30' radius required 9. Sheet C2.1 has been revised, sidewalk correctly line up to doors 10. South elevation revised to better meet required design criteria. See sheet A4. 11. The building has been rotated slightly to provide a greater setback in the south eastern front yard as per our discussion. Although the site appears to be a simple rectangle there is a curve to the site that is deceiving. 12. The lobby area next to elevator adds to the quality of space and environment designed for occupants. 13. See revised C2.1 for stippling of "Islands" 14. The areas will be used for pool equipment storage only 15. Access pathways have been relocated as discussed and agreed upon at DRC The potential conditions contained within items 16-27 are hereby acknowledged 16. 17. 18. ORIGINAL 19. RECEIVED 20. 21. DEC 13 2005 22. 23• PLANNING DEPARTMENT 24• CITY OF CLEARWATER 25. 26. 27. 28. Rear elevators and balconies revised to meet section. C.2 of Beach by Design. 29. Condition acknowledged 30. Acknowledge, Unity of Title to be provided prior to issuance of permit 31. A-A and B-B are outside of boardwalk area, details and elevations provided 32. Electric meters added to rear of building. See sheets Aland A4. 33. Elevations revised to correctly reflect plans. See sheet A4. 34. Access to roof provided by stairs and elevators. See sheet A3 and A4. 35. Requested dimensions added to elevations. See sheet A4. Page 2 of 3 r • • 36. Columns adjusted to line up. See sheet A4. 37. See revised C2.1 for addition of Pergolas 38. The overall dimensions of the building are unchanged; however the building has been slightly rotated to provide a greater setback at southeast corner of site as per Wayne's request. 39. Acknowledge, all existing unused driveways will be removed. See note on C2.1 40. Articulation has been added to side elevations. See sheet A4. Narrative has been revised. 41. Acknowledge, see revised narrative 42. Per developer permit obtained. If there are any additional comments or concerns, please contact our office. Sincerely, Renee Ruggiero Project Planner Page 3 of 3 Northside CIVIL • LAND PLANNING 0 cM? lay ENVIRONMENTAL • -.7-- ? TRANSPORTATION 0 ORIGINAL RECEIVED LETTER OF TRANSMITTAL Date: December 13, 2005 To: Sherry L. Watkins, Administrative Analyst City of Clearwater Planning Department 100 S. Myrtle Ave, #210 Clearwater, FL 33756 Reference: Cinnamon Bay / 150 Brightwater Dr. NES Proj# 0552 We Transmit: X Enclosed Under Separate Cover Mail UPS Overnight Pick-Up X Hand Delivered DEC 13 2005 PLANNING DEPARTMENT CITY OF CLEARWATER Originals X Prints Addendum Shop drawings Specifications X Applications Floppy Disk 15 Flex Development Application (Comp. Infill) 15 Letter of Authorization & Affidavits 15 Warranty Deeds 45 Surveys 15 Stormwater Report & Narrative, 1 Signed and Sealed 15 Civil & Landscape Drawings (4 sheets), 1 Signed and Sealed 15 8.5" X 11" Civil Site Plan 15 8.5" X 11" Colored Landscape Plan 1 8.5 X 11" Colored Renderings 15 8.5 X 11" Building Elevations 1 Color chi attached to Original Arc. Drawing 15 24 X 36 Architectural Drawings 15 TDR Application Packets Please contact us at (727) 443-2869 should you have any questions or comments. Copies to: FILE N. Pelzer B C_-Z, 'Renee M. Ruggiero, ct Planner A. Haines 601 CLEVELAND STREET, SUITE 930 CLEARWATER, FLORIDA 33755 NESADMIN@MINDSPRING.COM NESTECH@MINDSPRING.COM 727 • 443 • 2869 FAX 727 • 446 • 8036 0 0 Wells, Wayne From, Wells, Wayne Sent: Wednesday, December 07, 2005 7:02 PM To: Renee Ruggiero (E-mail) Subject: FLD2005-11109 & TDR2005-11029, 150 Brightwater Drive Renee - Attached are the draft DRC comments for the above referenced case, scheduled for review at 1:50 pm tomorrow. I apologize for not sending the draft comments earlier (too many projects, too little time). These comments are slightly different for this case than that which was part of the entire DRC action agenda Sherry sent to Angel earlier today. Wayne t 'h"" draft 12.8.05 dre action agend... LL 0 CITY OF CLE40RWATER Clearwater PLANNING DEPARTMENT MUNICIPAL SERVICES BUILDING 100 SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756 TELEPHONE: (727) 562-4567 FAX: (727) 562-4576 W W W . MYCLEARW ATER. C OM November 11, 2005 Housh Ghovaee 601 Cleveland Street Suite 930 Clearwater, Fl 33755 RE: FLD2005-11109 -- 150 BRIGHTWATER DR -- Letter of Completeness Dear Housh Ghovaee : The Planning Staff has entered your application into the Department's filing system and assigned the case number: FLD2005-11109. 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 December 08, 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. You will be contacted by the Planning Department's Administrative Analyst within one week prior to the meeting date for the approximate time that your case will be reviewed. You or your representative (as applicable) must be present to answer any questions that the DRC may have regarding your application. Additional comments may be generated by the DRC at the time of the meeting. If you have any questions, please do not hesitate to contact me at 727-562-4504 or Wayne. Wells@myclearwater.com. Sincerely yours, //4 Wa e Wells, AICP Planner III Letter of Completeness - FLD2005-11109 - 150 BRlGHTWATER DR 0 0 Wells, Wayne From: Wells, Wayne Sent: Friday, November 11, 2005 9:04 AM To: Renee Ruggiero (E-mail) Subject: FLD2005-11109, 150 Brightwater Drive, Cinnamon Bay Renee - Attached is the Letter of Completeness for the above project, which will be reviewed at the December 8, 2005, DRC meeting. While finding the application complete, please be aware there are still issues with the TDR application. The transfer of units from 409 East Shore Drive is of concern, that while the business is closed, the buildings still exist. I have spoken to Gina Clayton regarding this issue. There is no building permit application yet submitted to demolish the buildings. You may want to pass this along to Roland Rogers. Wayne J letter of ,mpleteness 11.11.0 offlFRI9 *(8() 5"4" sm'?a loc. November 9, 2005 Mr. Wayne Wells Planner III CIVIL O LAND PLANNING G ENVIRONMENTAL0 TRANSPORTATION O N""ECEVED h0'1111 0 9 2005 City of Clearwater Planning Department PLANNING DEPARTMENT 100 S. Myrtle Avenue CITY OFCLEARWATER Clearwater, FL 33756 RE: FLD2005-11109 - 150 Brightwater Drive - Cinnamon Bay NES #552 ORIGINAL Dear Mr. Wells: Please find listed below responses to the letter of incompleteness dated November 7, 2005. 1. See TDR Application with revised sender information; to include revised and new affidavits, letter from sender, and TDR narrative. 2. See zoning map with new sending site. 3. See warranty deeds of new sending site. 4. See surveys of new sending site. 5. See revised Comprehensive Infill Application narrative. This should satisfy the incompleteness of the above project. If You have any additional comments, please feel free to call. Since , Renee Ruggiero Project Planner 601 CLEVELAND STREET, SUITE 930 CLEARWATER, FLORIDA 33755 NESADMIN@MINDSPRING.COM NESTECH@MINDSPRING.COM 727 • 443 • 2869 FAX 727 • 446 • 8036 0 0 Clearwater November 07, 2005 Housh Ghovaee 601 Cleveland Street Suite 930 Clearwater, F133755 CITY OF 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 RE: FLD2005-11109 -- 150 BRIGHTWATER DR -- Letter of Incompleteness Dear Housh Ghovaee : The Planning Staff has entered your application into the Department's filing system and assigned the case number: FLD2005-11109. After a preliminary review of the submitted documents, staff has determined that the application is Incomplete with the following comments. Transfer of Development Rights - Three dwelling units are proposed to be transferred from 408 East Shore Drive; however, the sending site is presently developed with a 12 room/unit overnight accommodation use (which is nonconforming to -density, as only 10 rooms/units are permitted based on 40 rooms/units per acre and 0.264 acres). Since this property is currently developed, it does not qualify to send rooms/units. Even if it did qualify, since this is developed with an overnight accommodation use, four overnight accommodation rooms/units would need to be sent to transfer as three dwelling units. Section 4-202 of the Community Development Code states that if an application is deemed incomplete, the deficiencies of the application shall be specified by Staff. No further development review action shall be taken until the deficiencies are corrected and the application is deemed complete. Please resubmit by 10 am on Thursday, November 10, 2005. If you have any questions, please do not hesitate to contact me at 727-562-4504 or Wayne.Wells@myclearwater.com. Sincerely yours, G? rI .0''A Wayn6 Wells Planner III Northside • LETTER OF TRANSMITTAL Date: November 2, 2005 To: Sherry L. Watkins, Administrative Analyst City of Clearwater Planning Department 100 S. Myrtle Ave, #210 Clearwater, FL 33756 CIVIL • LAND PLANNING • ENVIRONMENTAL • TRANSPORTATION • ORIGINAL Reference: Cinnamon Bay / 150 Brightwater Dr. NES Proj# 0552 We Transmit: X Originals X Prints X Enclosed Under Separate Cover Addendum Mail UPS Overnight Shop drawings Pick-Up X Hand Delivered Specifications X Applications Floppy Disk Copies Description 1 Check # 1099 for $1,205 15 Flex Development Application (Comp. Infill) 15 Letter of Authorization & Affidavits 15 Warranty eeds 45 Surveys 1 signed and sealed 15 Stormwater Report & Narrative, 1 Signed and Sealed 15 Civil & Landscape Drawings 4 sheets), 1 Signed and Sealed 15 8.5" X 11" Civil Site Plan 15 8.5" X 11" Colored Landscape Plan 1 8.5 X 11" Colored Renderings 15 8.5 X 11" Building Elevations 1 Color chi attached to Original Arc. Drawing 15 24 X 36 Architectural Drawings 15 TDR Application Packets Please contact us at (727) 443-2869 should you have any questions or comments. Copies to: FILE By N. Pelzer ee M. Ruggie , Proj erg ,?';? .. , ., _ A. Haines 601 CLEVELAND STREET, SUITE 930 CLEARWATER, FLORIDA 33755 N ESADMI N@MI N DS P RI NG.COM N ESTECH@MI NDSPRI NG.COM 727 • 443 • 2869 FAX 727 • 446 • 8036 kU. ? ud5 C 11w 0 0 MEMORANDUM TO: Community Development Board FROM: Wayne M. Wells, AICP Planner III RE: Request for Time Extension FLD2005-11109/TDR2005-11029 - 150, 158, 162 and 166 Brightwater Drive DATE: August 10, 2007 Attached is information related to the request by Renee Ruggiero of Northside Engineering Services, Inc., on behalf of Cinnamon Bay of Clearwater LLC, for an extension of time relative to the above referenced project located at 150, 158, 162 and 166 Brightwater Drive. A one-year extension is being requested which would expire on August 21, 2008. Pursuant to Section 4-407 of the Community Development Code, extensions of time "shall be for good cause shown and documented in writing." The Code further delineates that good cause "may include but are not limited to an unexpected national crisis (acts of war, significant downturn in the national economy, etc.), excessive weather-related delays, and the like." In this particular case, the applicant has indicated that the project is being delayed for economic reasons as it relates to deteriorating market conditions and for architectural changes in the plans. It should be noted that, pursuant to Section 4-407, the Planning Director has previously granted a six-month extension. The Code further directs that the Community Development Board may consider whether significant progress on the project is being made and whether or not there are pending or approved code amendments which would significantly affect the project. It should be noted by the Board that in the intervening period subsequent to the original approval, the Code has been amended in the following that affect this project: 1. The requirement for parking has been amended to two parking spaces per unit. This project was approved with 63 parking spaces for 32 attached dwelling units, at a parking ratio of 1.97 parking spaces per dwelling unit. 2. The requirement for parapet height for buildings with flat roofs has been amended to a maximum of 42-inches. While a majority of the parapets/railings for this project has been designed at a height of four feet (from roof deck), there are some "parapet" roof projections at a height of 10.67 feet (from roof deck). 3. The definition of "Height, building or structure" has been amended to permit structures permanently affixed to the roof that accommodate rooftop occupancy only when the structure complies with the maximum allowable height. In the Small Motel District of Beach by Design the maximum height is four stories over ground level parking. The project as approved by the CDB included an increase to building height of an additional 16 feet for an-open rooftop pavilion (from roof deck). This open pavilion exceeds the maximum allowable height of four stories over ground level parking. Attachments: Letter of Request Time Extension Development Order December 27, 2006 Maps and Photos S: (Planning DepartmentlC D BIFLEX (FLD) (Pending cases)Up for the next CDBIBrightwater 150 Cinnamon Bay (T) -Approved - 8.21.07 CDB Time Extension - WWIBrightwater 150 Time Extension Memorandum for 8.21.07 CDB.doc • June 27, 2007 Community Development Board c/o Mr. Michael Delk, Planning Director City of Clearwater Planning Department 100 S. Myrtle Avenue Clearwater, FL 33756 RE: Cinnamon Bay - FLD2005-11109/TDR2005-11029 150, 158, 162 and 166 Brightwater Drive Dear Mr. Delk: E C Oft'' III LAt"P PLA G+IINCa EhMVI Ill EN`I<°AL ILL PLANNING & DEVELOPMENT SERVICES CITY OF CLEARWATER i We would like to formally request an additional extension to the Development Order issued for the above referenced property. Previously we requested a one year extension and were granted a six month extension; this approved extension will expire on August 21, 2007. At the time of the original approval 48 parking spaces were required for the site; the approved plan provided 63 parking spaces. The site plan has been revised to provide 64 parking spaces and meets the new requirement of two spaces per attached dwelling unit. For your convenience and information I have provided a copy of the revised site plan providing 64 parking spaces. Due to the extreme downward turn in the condominium market within Florida, the development team has determined that it is not currently feasible to move forward with construction at this time. It is our hope that within the next six months the market will begin to turn around. The architect along with the Mechanical, Electrical and Plumbing Engineers are making the final adjustments to the design for the interior spaces of the building. While awaiting submittal of the documents for construction permit review, we have obtained the required SWFWMD approval. Upon the city's countersignature of the Florida Department of Environmental Protection, and Pinellas County Health Department applications, we will be submitting for water and wastewater permits. We offer our assurance that the entire development team is working diligently to move this project forward and will be ready to spring into action once the market is a little more stable. We look forward to the completion of this development project which will meet the architectural standards of the City of Clearwater and current codes associated with parking. r i. ? ?"•aG?V^d ??;.°li`i it F'? ,ti,r ?w ins".? t'?. W + n ? r 727.443.2869 FAX 727.446.8036 • • Please accept this letter as our formal request for an extension of one year and to place this request on the next available CBD agenda for consideration. Should you require additional clarification or information, please feel free to contact me. Thank you in advance for your kind consideration and assistance with this request; we look forward to receiving confirmation of the hearing date once available. R ectfully, Renee Ruggiero, Project Planner Cc: NES File #552 N. Pelzer Rogers Beach Development c ofO f:'+AOF:LA !V'-- "V TI a 11127' rk OFTI I 'V i4:.' 727.443.2869 FAX 727.446.8036 C7 0 CITY OF CLEARWATI'ER PU\ NING DEPARTMENT Pos-r Ot i:ic:r. Box 4748, CI.I,,vmA"rrii, FLORIDA 33758-4748 a MUNICIPAL SIiRVI0iS BUILDING, lOO SOUTH MYRTLIi AVIiNUIi, CLP4FWA"rFiR, FLORIDA 33756 "L'Iil i:PlioNi: (727) 562-4567 FAx (727) 562-4865 LANG RANGE PIANNING Di.'W i.OPMBiV1' RrmrW December 27, 2006 Ms. Renee Ruggiero Northside Engineering Services Inc. 601 Cleveland Street, Suite # 930 Clearwater, Florida 33755 RE: FLD2005-11109/TDR2005-1 1029 - 150, 158, 162 and 166 Brightwater Drive Time Extension Development Order Dear Ms. Ruggiero: On February 21, 2006, the Community Development Board (CDB) approved the above application for (1) Flexible Development approval to permit 32 attached dwellings in the Tourist District with reductions to the front (south) setback from 15 feet to 11.7 feet (to building) and from 15 feet to zero feet (to trash staging area), a reduction to the side (east) setback from 10 feet to 8.6 feet (to pavement), a reduction to the side (west) setback from 10 feet to 7.8 feet (to pavement), reductions to the rear (north) setback from 20 feet to 19.4 feet (to building) and from 20 feet to zero feet (to pool deck and boardwalk) and an increase to building height from 35 feet to 46.33 feet (to roof deck) with an additional 10.67 feet for parapets (from roof deck) and an additional 16 feet for an open rooftop pavilion (from roof deck), as a Comprehensive Infill Redevelopment Project, under the provisions of Section 2-803.C; and (2) Transfer of Development Rights for three units from 409 East Shore Drive, under the provisions of Section 4-1403 (TDR2005-11029). Section 4-407 of the Community Development Code requires the application for a building permit within one year of the date the CDB approved the request (February 21, 2007). This same Section allows an extension of time to initiate a building permit, provided good cause is shown and documented in writing within the original period of validity. The Planning Director may also consider whether significant progress on the project is being made and whether or not there are pending or approved Code amendments that would significantly affect the project. On December 21, 2006, you submitted a request for a one-year time extension to apply for a building permit to construct the improvements on this parcel. Your letter cited the problem of market changes, which has an impact on the interior design and the completion of construction drawings. Since the approval of this project, the Code has been amended in the following that affect this proj ect: 1. The requirement for parking has been amended to two parking spaces per unit. This project was approved with 63 parking spaces for 32 attached dwelling units, at a parking ratio of 1.97 parking spaces per dwelling unit. FRANK I111MARU, i1.'IA)(M Jc ic; Inc r n, Ccx c.ii_wt. nir.i; i (c>)-r 11AMII:f()N, Ccri MAINEMIM K liii.i. fc;?sc <, Ccn ncai. n: niitr ; ya C.ARI.FN A. Prn;R',1A, COI NCI MVI HIT'. „T?c WAI. 15;\IPL( )1'\llf\'(' A 'D /u riRMA Hvi: Ac'i ION E.MI i.MIT"' • December 27, 2006 Ruggiero - Page Two 40 2. The requirement for parapet height for buildings with flat roofs has been amended to a maximum of 42-inches. While a majority of the parapets/railings for this project has been designed at a height of four feet (from roof deck), there are some "parapet" roof projections at a height of 10.67 feet (from roof deck). 3. The definition of "Height, building or structure" has been amended to permit structures permanently affixed to the roof that accommodate rooftop occupancy only when the structure complies with the maximum allowable height. In the Small Motel District of Beach by Design the maximum height is four stories over ground level parking. The project as approved by the CDB included an increase to building height of an additional 16 feet for an open rooftop pavilion (from roof deck). This open pavilion exceeds the maximum allowable height of four stories over ground level parking. In considering the above changes to the Code and Beach by Design, in accordance with the provisions of Section 4407 of the Community Development Code, I APPROVE a six-month time extension to August 21, 2007, to submit an application for a building permit to construct the site improvements on your parcel at 150, 158, 162 and 166 Brightwater Drive. In the event you are unable to proceed with the project by submitting for the building permit, the CDB may approve one additional extension of time to initiate a building permit application. Such extension shall not exceed one year, shall be for the project originally approved (or as approved through the Minor Revision process) and shall be for good cause shown and documented in writing. The CDB must receive the request for this extension within the time frame granted by the Planning Director (period of validity after the original extension approved by the Planning Director, which means that any time extension request must be submitted with sufficient lead time to be placed on the CDB agenda that precedes the above expiration date). Good causes may include, but are not limited to, an unexpected national crisis (acts of war, significant downturn in the national economy, etc.), excessive weather-related delays, and the like. The CDB may also consider these same Code amendments enumerated above, whether significant progress on the project is being made and whether or not there are additional pending or approved Code amendments that would further significantly affect the project. Please be aware that 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. If you have any questions, please do not hesitate to call Wayne M. Wells, AICP, Planner III, at 727-562-4504. Sincerely, x?e_ Michael Delk, AICP Planning Director S:0anning Department lC D BIFLEX (FLD) Unactive or Finished Applications Wrigh twater 150 Cinnamon Bay (T) - ApprovedWrightwater 150 Time Ext. Dev. Order 12.27.06.doc r ROLNAWAY Anbb BAYMOHT Sim w ? ? ?VIl YL4t Q < o K?, UN w ff Q$o ? hrypN POD d PAPAYA ST Dow FPSSAFE T ,g wW ? ? Z t y 60 0 CauBe.' J BM B WNDWARO P aq O RR3T ST THIRD Si ?Y 'Ply PROJECT a? SITE ?'qY & m $Q SRIOHI WA Fin, BAYSIOE V C/fir &A?'AY 3 MVO ??-VVV// ? \?JI 3 Ad . ss D Location Map Owner: Cinnamon Bay of Clearwater, LLC Case: FLD2005-1 1 1 09 TD R2005-1 1029 Site: 150, 158, 162 and 166 Property 985 0 Brightwater Drive Size(Acres): . 08/29/15/04932/000/0450 PIN: 08/29/15/04932/000/0430 08/29/15/04932/000/0420 08/29/15/04932/000/0410 Atlas Page: 276A 4b a Aerial Map 08/29/15/04932/000/0450 PIN: 08/29/15/04932/000/0430 08/29/15/04932/000/0420 08/29/15/04932/000/0410 Atlas Page: 276A • • 261 1 } 300% . I ?I I I - ' 1 V V __I I ' ,1 r 3 _r .r _ 6 P ' -;- I I I 1 - _f 3 i ' 3?0 -933__ -, '? obi o A I I I I , Lj BRIGHTWATER DR w k • , 34s I - I ? i wr ^? A r J II I ? I w J _ L_'7 _I 1 ? I 1 f Z P 9 I--- w i" j , -- ` r t- BA YSIDE DR 4 1 -4 I f- I ' ` I I C Zoning Map Owner: Cinnamon Bay of Clearwater, LLC Case: FLD2005-11109 TDR2005-1 1029 150, 158, 162 and 166 Property Site: 0 985 Brightwater Drive Size(Acres): . 08/29/15/04932/000/0450 08/29/15/04932/000/0430 PIN: 08/29/15/04932/000/0420 08/29/15/04932/000/0410 Atlas Page: 276A . a 0 251 45 44 9- 42 -J4 L -I0-' 39 f-Ij 37 4 3 1 etach A dw 11in s rn5gh?f ' ¢v tie Wimod do U !?/ 1 _r-+ J r "'Z 1A / . 6 rnig 2A cbmm dat ns r L 1 __6 3 3A 1 tf Overnight ` 411 330 4A Overnight accommodatio n 5 33a ------ accommodations ` 6t ^- I Ove 56 / _ 1 ___? ----- - _ -_l I - t, 41 qp 30! acc mmo 1 2 1 6 + I 44_--_f3 ' 42 1 ?I co `I ?m1? ?m IrB.mlr? --_; 'ass ii o'er or BRIGHTWATER DR I 11 ,?w 1 ° 1 ^J It v Of wl a j I° It 2 1 ,, , 2 A etc ed Atthc ed 1 l I d, 0 ; i4 I 6 8. O g - f `' I 9 ,o 'A eili gs dw'lli?hg 9A - Q OA Overnight Z accommodations 9 f - l S6 r-' 17 10 `2d. 13 .tomj 1 - 1 ? - 7 1 ? , 1 1 -Ir f t 1 ^? 1 1 i 121 I 7-?, f .y _j I BAYSIDE DR 2 _ 1 + I1 If 1-,..a- j d ells11 13 - to ed„el f"115 1 5/ 11 I I - 9 I 1 CIO Existing Surrounding Uses Map F LD 1 1 - 109 FLD2005 Owner. Cinnamon Bay of Clearwater, LLC Case: 2005 1 1 - 029 150, 158, 162 and 166 Property Site: 0 985 Mghtwater Drive Size(Acres): . 08/29/15/04932/000/0450 08/29/15/04932/000/0430 PIN: 08/29/15/04932/000/0420 08/29/15/04932/000/0410 Atlas Page: 276A View looking northeast at 150 Brightwater Drive 17. 1 View looking north at 170 Brightwater Drive View looking northeast at 140 Brightwater Drive (east of subject property) (west of subject property) 150, 158, 162 and 166 Brightwater Drive FLD2005-11109/TDR2005-11029 Page 1 of 2 View looking north at 162 Brightwater Drive (subject property) 14471- View looking northwest at 130 Brightwater Drive - Tula View looking southeast at 145 Brightwater Drive (south of subject property) /I w. _ 4b View looking southwest at 125 Brightwater Drive r ` `=-- -A 11 _ 1 View looking southwest at 161 Brightwater Drive (south of subject property) View looking southwest at 171 and 175 Brightwater Drive (south of subject property) 150, 158, 162 and 166 Brightwater Drive FLD2005-11109/TDR2005-11029 Page 2 of 2 Pinellas County Property Appr* Information: 08 29 15 43454 000 00? Page 2 of 5 08 / 29 / 15 / 04982 / 000 / 0450 10-Aug-2007 Jim Smith, CFA Pinellas County Property Appraiser 14:54:52 Ownership Information Vacant Property Use and Sales CINNAMON BAY OF CLEARWATER LLC OBK: 14355 OPG: 1422 200 BRIGHTWATER DR # 2 CLEARWATER FL 33767-2452 EVAC: A EUAC Comparable sales value as Prop Addr: 0 of Jan 1, 2006, based on Census Tract: 260.02 sales from 2004 - 2005: Sale Date OR Book/Page Price (Qual/UnQ) Va c/Imp 0 Plat Information 6 /2,005 14,355/1,422 3,000,000 (U) I 1951: Book 027 Pgs 032-033 8 /1,993 8,364/2,010 1,150,110 (M) I 0000: Book Pgs - 1211,989 7,174/ 62 900,000 (M) I 0000: Book Pgs - 1211,988 6,899/ 467 632,500 (M) I 2006 Value EXEMPTIONS Just/Market: 2,143,300 Homestead: NO Ownership % .000 Govt Exem: NO Use %: .000 Assessed/Cap: 2,143,300 Institutional Exem: NO Tax Exempt: .000 Historic Exem: 0 Taxable: 2,143,300 Agricultural: 0 2006 Tax Information District: CW Seawall: Frontage: Bay Clearwater view: 06 Millage: 21.7640 Land Size Unit Land Land Land Front x Depth Price Units Meth 06 Taxes: 46,646.78 1) 120 x 120 175.00 14,409.00 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, 2006 taxes will be : 5) 0 x 0 .00 .00 46, 646.78 6) 0 x 0 . 00 . 00 Without any exemptions, 2006 taxes will be 46,646. 78 Short Legal BAYSIDE SUB NO. 2 LOTS 45 AND 46 Description L Building Information http:// 136.174.187.13/htbin/cgi-click?o=l &a=1 &b=1 &c=1 &r=.16&s=4&t3=1 &u=0&p=0... 8/10/2007 Pinellas County Property Appro Information: 08 29 15 43454 000 0? 08 / 29 / 15 / 04932 / 000 / 0450 Page 3 of 5 10-Aug-2007 Jim Smith, CFA Pinellas COunty Property Appraiser 14:54:52 Vacant Parcel Property Use: 000 Land Use: i0 Vacant Extra F?atur?s Description Dimensions Price Units Value RCD Year 1) .00 0 0 0 0 2) .00 0 0 0 0 3) .00 0 0 0 0 4) .00 0 0 0 0 5) .00 0 0 0 0 6) .00 0 0 0 0 TOTAL RECORD VALUE: 0 Map With Property Address (non-vacant) ® ® Fil F4]r FQ Fq http://136.174.187.131htbinlcgi-click?o=1 &a=l &b=1 &c=l &r=.16&s=4&t3=1 &u=0&p=0... 8/10/2007 Pinellas County Property Apprar Information: 08 29 15 43454 000 000 4 Al SS F-1 I 36398-t U4932 1/8 Mile Aerial Photograph (2002) Page 4 of 5 http:// l 36.174.187.13/htbin/cgi-click?o= l &a=1 &b= l &c=1 &r=.16&s=4&t3=1 &u=0&p=0... 8/10/2007 ITWATIrP UKIvt 04932 6S980* 4,---5z4b,1 Pinellas County Property Appr* Information: 08 29 15 43454 000 00? Page 5 of 5 http:// 136.174.187.131htbinlcgi-click?o=1 &a=1 &b=1 &c=1 &r=.16&s=4&t3=1 &u=0&p=0... 8/10/2007 Pfilellas County Property App* Information: 08 29 15 04932 000 0? Page 2 of 5 03 1 29 1 15 1 04932 1 000 / 0430 i0-Aug-2007 Jim Smith, CFA Pinellas County Property Appraiser 14:55:52 Ownership Information Uacant Property Use and Sales CINNAMON BAY OF CLEARWATER LLC OBK: 14503 OPG: 1190 200 BRIGHTWATER OR # 2 CLEARWATER FL 33767-2452 EVAC: A EUAC Comparable sales value as Prop Addr: 0 of Jan 1, 2006, based on Census Tract: 260.02 sales from 2004 - 2005: 0 Sale Date OR Book/Page Price (Qual/UnQ) Vac/Imp Plat Information 8 /2,005 14,503/1,190 3,000,000 (U) I 1951: Book 027 Pgs 032-033 2 /2,002 11,82312,438 1,140,000 (Q) I 0000: Book Pgs - 7 /1,998 10,156/1,452 1,005,000 (Q) I 0000: Book Pgs - 8 11,993 8,362/1,409 1,000,000 (Q) I 2006 Value EXEMPTIONS Just/Market: 2,143,300 Homestead: NO Ownership % .000 Govt Exem: NO Use %: .160 Assessed/Cap: 2,143,300 Institutional Exem: NO Tax Exempt .000 Historic Exem: 0 Taxable: 2,143,300 Agricultural: 0 2006 Tax Information District: Cu Seawall: Frontage: Bay Clearwater View: 06 Millage: 21.7640 Land Size Unit Land Land Land Front x Depth Price Units Meth 06 Taxes: 46,646.78 1) 120 x 120 175.00 14,409.00 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, 2006 taxes will be : 5) 0 x 0 .00 .00 46,646. 78 6) 0 x 0 . 00 . 00 Without any exemptions, 2006 taxes will be 46, 646.78 Short Legal BAYSIDE SUB NO. 2 LOTS 43 AND 44 Description L Building Information http:// 136.174.187.13/htbin/cgi-click?o=1 &a=1 &b=1 &c=1 &r=.16&s=4&t3=1 &u=0&p=0... 8/10/2007 Pil Hellas County Property App*r Information: 08 29 15 04932 000 0* 03 t 29 ! 15 / 04932 / 000 / 0430 Page 3 of 5 10-Aug-2007 Jim Smith, CFA Pinellas COunty Property Appraiser 14:55:52 Vacant Parcel Property Use: 000 Land Use: 10 Var-, an? ExTra F?a?ur?s Description Dimensions Price Units Value RCD Year 1) .00 0 0 0 0 2) .00 0 0 0 0 3) .00 0 0 0 0 4) , 00 0 0 0 0 5) .00 0 0 0 0 6) .00 0 0 0 0 TOTAL RECORD VRLUE: 0 Map With Property Address (non-vacant) F*- ® ® R Ir F Q I http:// 136.174.187.13/htbin/cgi-click?o=1 &a=l &b= l &c=l &r=.16&s=4&t3=1 &u=0&p=0... 8/10/2007 Phiellas County Property Appro Information: 08 29 15 04932 000 04(f 36398* 04932 Page 4 of 5 1/8 Mile Aerial Photograph (2002) http://136.174.187.131htbinlcgi-click?o=1 &a=1 &b=1 &c=1 &r=.16&s=4&t3=1 &u=0&p=0... 8/10/2007 I I i -T' U k. rS 0493 2 ?5980? ?? Pii«ellas County Property Appor Information: 08 29 15 04932 000 00 Page 5 of 5 http://136.174.187.13/htbin/cgi-click?o=1 &a=1 &b=1 &c=1 &r=.16&s=4&t3=1 &u=0&p=0... 8/10/2007 Tinellas County Property Appr* Information: 08 29 15 04932 000 040 08 / 29 / 15 / 04932 / 000 / 0420 Page 2 of 5 10-Aug-2007 Jim Smith, CFA Pinellas County Property Appraiser 14:56:54 Ownership Information Uacant Property Use and Sales CINNAHOH BAY OF CLEARWATER LLC O BK: 14343 OPG: 1338 200 BRIGHTWATER DR # 2 CLEARWATER FL 33767-2452 EVAC: A EUAC Comparable sales value as Prop Addr: 0 of Jan 1, 2006, based on Census Tract: 260.02 sales from 2004 - 2005: 0 Sale Date OR Book/Page Price (Qual/UnQ) Vac/Imp Plat Information 5 /2,005 14,34311,338 1,550,000 (U) I 1951: Book 027 Pgs 032-033 8 /1,990 7,3651 98 284,000 (Q) I 0000: Book Pgs - 3 /1,988 6,70111,664 250,000 (Q) I 0000: Book Pgs - 0 /1,979 4,8411 393 152,000 (Q) I 2006 Value EXEMPTIONS Just/Market: 1,071,000 Homestead: NO Ownership % .000 Govt Exem: NO Use %: .300 Assessed/Cap: 1,071,000 Institutional Exem: NO Tax Exempt %: .000 Historic Exem: 0 Taxable: 1,071,000 Agricultural: 0 2006 Tax Information District: CW Seawall: Frontage: Clearwater View: 06 Millage: 21.7640 Land Size Unit Land Land Land Front x Depth Price Units Meth 06 Taxes: 23,309.24 1) 60 x 120 175. 00 7,200. 00 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, 2006 taxes will be 5) 0 x 0 .00 .00 23,309. 24 6) 0 x 0 . 00 . 00 Without any exemptions, 2006 taxes will be 23, 309.24 Short Legal BAYSIDE SUB NO. 2 LOT 42 Description L Building Information http://136.174.187.13/htbin/cgi-click?o=1 &a=1 &b=1 &c=1 &r=.16&s=4&t3=1 &u=0&p=0... 8/10/2007 a Pinellas County Property Appro Information: 08 29 15 04932 000 040 08 / 29 / 15 / 04932 / 000 / 0420 Page 3 of 5 i0-Aug-2007 Jim Smith, CFA Pinellas COunty Property Appraiser 14:56:54 Vacant Parcel Property Use: 000 Land Use: i0 Vacant ExTrzi F?a?ur?s Description Dimensions Price Units Value RCD Year 1) 00 0 0 0 0 Z) .00 0 0 0 0 3) .00 0 0 0 0 4) .00 0 0 0 0 5) .00 0 0 0 0 6) .00 0 0 0 0 TOTAL RECORD VALUE: 0 Map With Property Address (non-vacant) F*- ®T®RR http:// 136.174.187.131htbinlcgi-click?o=1 &a=1 &b= l &c=l &r=.16&s=4&t3=1 &u=0&p=0... 8/10/2007 Pinellas County Property Appro Information: 08 29 15 04932 000 04? 6 X108 F- -f - 1 6598,0 1/8 Mile Aerial Photograph (2002) L_.? L4 U • L Page 4 of 5 34., a t e, .- Mfr t't1? http:// 136.174.187.13/htbin/cgi-click?o=1 &a=1 &b=1 &c=1 &r=.16&s=4&t3=1 &u=0&p=0... 8/10/2007 Pif'iellas County Property App*r Information: 08 29 15 04932 000 0? Page 5 of 5 http://136.174.187.13/htbin/cgi-click?o=1 &a=1 &b=1 &c=1 &r=.16&s=4&t3=1 &u=0&p=0... 8/10/2007 Pinellas County Property App*r Information: 08 29 15 04932 000 0? 03 / 29 / 15 / 04932 / 000 / 0410 Page 2 of 5 i0-Aug-2007 Jim Smith, CFA Pinellas County Property Appraiser 14:58:06 Ownership Information Uacant Property Use and Sales CINNAMON BAY OF CLEARWATER LLC OBK: 14343 OPG: 1337 200 BRIGHTWATER DR # 2 CLEARWATER FL 33767-2452 EVAC: A EUAC Comparable sales value as Prop Addr: 0 of Jan 1, 2006, based on Census Tract: 260.02 sales from 2004 - 2005: 1,392,800 Sale Date OR Book/Page Price (Qual/UnQ) Vac/Imp Plat Information 5 /2,005 14,343/1,337 1,550,000 (U) I 1951: Book 027 Pgs 032-033 1 /2,001 11,200/1,852 310,000 (U) I 0000: Book Pgs - 3 /1,991 7,508/1,478 270,000 (Q) I 0000: Book Pgs - 5 /1,986 6,217/2,114 212,500 (0) I 2006 Value EXEMPTIONS Just/Market: 1,174,200 Homestead: NO Ownership .000 Govt Exem: NO Use %: .000 Assessed/Cap: 1,174,200 Institutional Exem: NO Tax Exempt: .000 Historic Exem: 0 Taxable: 1,174,200 Agricultural: 0 2006 Tax Information District: Cu Seawall: Frontage: Canal/River Clearwater View: 06 Millage: 21.7640 Land Size Unit Land Land Land Front x Depth Price Units Meth 06 Taxes: 25,555.29 1) 58 x 120 175.00 6,918. 00 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, 2006 taxes will be : 5) 0 x 0 .00 .00 25, 555.29 6) 0 x 0 00 . 00 Without any exemptions, 2006 taxes will be 25, 555.29 Short Legal BAYSIDE SUB NO. 2 LOT 41 Description L Building Information http:// 136.174.187.13/htbin/cgi-click?o=1 &a=1 &b=1 &c=1 &r=.16&s=4&t3=1 &u=0&p=0... 8/10/2007 Pinellas County Property Appr*' Information: 08 29 15 04932 000 040 08 / 29 / 15 / 04932 / 000 / 0410 Page 3 of 5 i0-Aug-2007 Jim Smith, CFA Pinellas County Property Appraiser 14:50:07 Vacant Parcel Property Use: 000 Land Use: 00 Vacant Extra F?atur?s Description Dimensions Price Units Value RCD Year 1) DOCK 256SF 40.00 256 10,240 4,100 1,974 2) .00 0 0 0 0 3} .00 0 0 0 0 4) .00 0 0 0 0 5) .00 0 0 0 0 6) .00 0 0 0 0 TOTAL RECORD VALUE: 4,100 http://136.174.187.131htbinlcgi-click?o=1 &a=1 &b=1 &c=1 &r=.16&s=4&t3=1 &u=0&p=0... 8/10/2007 Pinellas County Property Appro Information: 08 29 15 04932 000 0? 4 9 3 2 DRIVE T 1 - 1' 4J4,DI 1/8 Mile Aerial Photograph (2002) L /4 U k IL 34101 35 i c 0 Page 4 of 5 http:// 136.174.187.13/htbin/cgi-click?o=1 &a= l &b=1 &c=1 &r=.16&s=4&t3=1 &u=0&p=0... 8/10/2007 .11 v Pinellas County Property App* Information: 08 29 15 04932 000 0? Page 5 of 5 http://136.174.187.131htbinlcgi-click?o=1 &a=1 &b=1 &c=1 &r=.16&s=4&t3=1 &u=0&p=0... 8/10/2007 • CDB Meeting Date Case Numbers: Agenda Item: Owner/Applicant: Representative: Address: GENERAL INFORMATION: CITY OF CLEARWATER PLANNING DEPARTMENT STAFF REPORT REQUEST: (1) Flexible Development approval to permit 32 attached dwellings in the Tourist District with reductions to the front (south) setback from 15 feet to 11.7 feet (to building) and from 15 feet to zero feet (to trash staging area), a reduction to the side (east) setback from 10 feet to 8.6 feet (to pavement), a reduction to the side (west) setback from 10 feet to 7.8 feet (to pavement), reductions to the rear (north) setback from 20 feet to 19.4 feet (to building) and from 20 feet to zero feet (to pool deck and boardwalk) and an increase to building height from 35 feet to 46.33 feet (to roof deck) with an additional 10.67 feet for parapets (from roof deck) and an additional 16 feet for an open rooftop pavilion (from roof deck), as a Comprehensive Infill Redevelopment Project, under the provisions of Section 2-803.C; and (2) Transfer of Development Rights for three units from 409 East Shore Drive, under the provisions of Section 4-1403 (TDR2005-11029). EXISTING ZONING/ Tourist (T) District; Resort Facilities High (RFH) Category LAND USE: PROPERTY SIZE: 0.985 acres; 42,923 square feet PROPERTY USE: Current Use: Overnight accommodations (41 rooms/units) and attached dwelling (one) Proposed Use: Attached dwellings (32 condominiums) ADJACENT ZONING/ North: Preservation District; Water LAND USES: East: Tourist District; Overnight accommodations (approved by CDB on December 20, 2005, for 27 attached dwellings) South: Tourist District; Attached dwellings (townhomes and condominiums West: Tourist District; Attached dwellings (townhomes) Staff Report - Community Development Board - February 21, 2006 Cases FLD2005-11109/TDR2005-11029 - Page 1 of 10 February 21, 2006 ORIGINAL FLD2005-11109/TDR2005-11029 El Cinnamon Bay of Clearwater, LLC Mr. Housh Ghovaee, Northside Engineering Services, Inc. 150, 158, 162 and 166 Brightwater Drive 0 0 CHARACTER OF THE IMMEDIATE VICINITY: The surrounding area is developed with attached dwellings and overnight accommodation uses. With the redevelopment of properties along Brightwater Drive, overnight accommodation uses are being replaced with attached dwelling projects, either in the form of townhomes or condominium-flat projects. ANALYSIS: Site Location and Existing Conditions: The 0.985 acres is located on the north side of Brightwater Drive, approximately 900 feet east of Hamden Drive. The site has 318 feet of frontage on Brightwater Drive and is currently developed with a total of 41 overnight accommodation rooms/units and one attached dwelling. It is located along a highly developed area within Clearwater Beach and has frontage along Clearwater Bay. The site is located within the Small Motel District of Beach By Design, which provides for the redevelopment of Brightwater Drive with townhomes and timeshares between two and four stories above parking. The property to the south across Brightwater Drive is presently developed with attached dwellings (condominiums and townhomes). The property to the east is presently developed with overnight accommodation 'uses, but was approved by the Community Development Board (CDB) on December 20, 2005 (FLD2005-09101/TDR2005-09027, 170, 174,180, 184 and 188 Brightwater Drive) to be redeveloped with 27 attached dwellings in a four-story building over ground-level parking. The property to the west is presently developed with attached dwellings (townhomes). Proposal: The proposal includes constructing a 32-unit, four-story (over ground-level parking) residential condominium building. A total of 29 dwelling units are permitted for the subject property, based on the maximum of 30 units per acre. The applicant is proposing the utilization of three dwelling units through the Transfer of Development Rights from 409 East Shore Drive (which is less than the maximum of 20 percent of the maximum number of dwelling units allowed by Section 4-1402 of the Code [five dwelling units]). The first living level will contain eight units with an amenities common area in the center of the building (adjacent but above the pool). Levels two and three will contain nine units on each floor. The fourth level will have six units. The units on the first level will be approximately 1,587 square feet each, the units on the second level will be approximately 1,887 square feet, units on the third level will be approximately 2,103 square feet each and the units on the fourth level will be approximately 2,581 square feet each. The proposed building meets the Design Guidelines of Beach by Design where the plane of the building has been provided with offsets of greater than five feet to avoid long linear planes of the building. The proposal includes 63 parking spaces under the building, whereas a total of 48 parking spaces are required (1.97 spaces per unit) (Note: This project was submitted prior to the Code change to require two parking spaces per unit, which means that parking will be nonconforming to current Code requirements). The request is being processed as a Comprehensive Infill Redevelopment Project to permit attached dwellings within the Tourist District due to the rear setback reductions being requested to Staff Report - Community Development Board - February 21, 2006 Cases FLD2005-11109/TDR2005-11029 - Page 2 of 10 the pool deck and boardwalk (otherwise the request would be only a Flexible Development for attached dwellings). The proposal includes a reductions to the front (south) setback from 15 feet to 11.7 feet (to building) and from 15 feet to zero feet (to trash staging area), a reduction to the side (east) setback from 10 feet to 8.6 feet (to pavement), a reduction to the side (west) setback from 10 feet to 7.8 feet (to pavement) and reductions to the rear (north) setback from 20 feet to 19.4 feet (to building) and from 20 feet to zero feet (to pool deck and boardwalk). While the property appears rectangular, there is some curvature of the property, which is a reason for some of the irregularity of and reduction to building setbacks. The front of the building is not at the same setback along the length of the fagade of the building. The eastern elevator lobby is at a front setback of 11.7 feet, while the western elevator lobby is at a front setback of 14 feet. The eastern stairwell is at a front setback of 17 feet, while the western stairwell is approximately 19 feet from the front property line. The eastern trash tower is at a front setback of 14.8 feet, while the western trash tower is over 15 feet from the front property line. A decorative knee wall screening the parking from view from Brightwater Drive is at a front setback between 18-19 feet. The main portion of the building (entry walkways/access ways to the dwellings on the first to the fourth living levels) ranges between 22 and 24 feet at its closest point to the front property line, which is similar to the project at 170 Brightwater (23.4 feet) approved by the CDB on December 20, 2005 (FLD2005-09101/TDR2005-09027). With regard to the front setback reduction from Brightwater Drive related to the trash staging area, the building will have both a refuse collection and recycling room on the ground floor on either side of the driveway. Dumpsters or recycling carts will be rolled out to the staging area on collection days. The location of the trash staging area within the front setback is necessary to eliminate the necessity of the trash truck coming on-site and is common with many newer developments. Due to the angle of the eastern property line, the southeast corner of the building is at a side setback of 11 feet, while the northeast corner is 'at a 13.3-foot setback. The proposal includes an 8.6-foot east side setback to the parking backup flair. The western side setback to the corners of the building are closer, with the southwest corner at 11 feet and the northwest corner at 11.5 feet (with the parking backup flair reduction at 7.8 feet). The rear of the building also has its irregularity, with the northeast corner of the building at a 30.2-foot setback, while the northwest corner is at a 27.8-foot setback. The building has been designed, however, where a rear setback reduction is necessary. The 19.4-foot rear setback proposed to the building (which is only for a ground level restroom) is consistent with some of the other attached dwelling projects approved on Brightwater Drive and will still exceed the Building Code setback requirement of 18 feet from the seawall. The rear setback reduction is otherwise to the pool, pool deck and boardwalk, which is consistent with other approved projects on Brightwater Drive. Current development practices place the pool area adjacent to the waterside of the property, which is generally the most private area of the property, with the pool deck at a zero setback. Adjustments to the Building Code setback (less than 18 feet) are also reviewed by the Building Official prior to building permit issuance. The boardwalk will provide access to existing and future docks. The requested flexibility in regard to required setbacks is justified by the benefits to an upgraded site appearance to the surrounding area. The proposal is compatible and consistent with the attached dwelling character of the immediate vicinity, specifically the projects already approved at 170, 190, 201 and 205 Brightwater Drive. Staff Report - Community Development Board - February 21, 2006 Cases FLD2005-11109/TDR2005-11029 - Page 3 of 10 0 0 The proposal includes an increase to building height from 35 feet to 46.33 feet (to roof deck) with an additional 10.67 feet for parapets (from roof deck) and an additional 16 feet for an open rooftop pavilion (from roof deck). The proposed building of four stories over ground-level parking is consistent with that envisioned by Beach by Design for this street and with heights approved for 170, 190, 201 and 205 Brightwater Drive. Code provisions allow parapet walls to extend a maximum of 30-inches above the roof deck. The applicant is requesting to increase the parapet to a total of 10.67 feet from the roof deck. The majority of the parapet located on all sides of the building is at a height of four feet. The 10.67-foot height for the parapet is only at two locations at the front of the building, where the parapet is a pitched roof-type structure in the middle of each side of the building (when looking at the front elevation), providing visual interest to the roofline. The parapet will screen from view rooftop air condensing units and will be in proportion with the building fagade. The proposal also includes an open pavilion at the rear of the building that will be 16 feet in height (from roof deck to peak of the pavilion roof) as a common recreational element for the condominiums. This open pavilion adds architectural embellishment to the rear of the building. Code provisions allow, and the proposal includes, the elevator, stair and trash towers to be a maximum of 16 feet above the roof deck. The top of the proposed stair towers and elevator lobbies will be approximately 12.83 feet above the roof deck, whereas the actual elevator will be at 16 feet and the trash towers will be seven feet above the roof deck. The Mediterranean-style of architecture of the building will include apple blush stucco for the main building color, accented by baked apple on the elevator, trash and stair towers, as well as banding on the sides of the building. The parapet roof and the roof over the ground level walkway along the front of the building will contain an altusa brown barrel tile roofing. The windows, door frames and railings will be white in color. The landscape plan utilizes a colorful groundcover (crinum lily, arboricola and philodendron xanadu), shrubs (hibiscus, podocarpus, dwarf oleander, silver buttonwood, snowbush and croton) and trees (sable palmetto palm, Mexican fan palm, Senegal date palm, Medjool palm, oleander tree form and ligustrum tree). The front and most of the side areas will be heavily planted, which will provide a pleasing appearance for this project. The applicant is not proposing any signs with this development. Any future freestanding sign should be a monument-style sign of a maximum four feet in height and designed to match the exterior materials and color of the building. On-site utility facilities (electric and communication lines) will be required to be placed underground as part of the site redevelopment. Provisions for the placement of conduits for the future undergrounding of existing aboveground utility facilities in the public right-of-way should be completed prior to the issuance of the first certificate of occupancy in a manner acceptable to the utility companies and the City. A special warranty deed, specifying the number of dwelling units being conveyed or sold from 409 East Shore Drive and being transferred to this site, must be recorded prior to the issuance of any permits for this project. This special warranty deed also must contain a covenant restricting in perpetuity the use of 409 East Shore Drive due to the transfer of development rights. Staff Report - Community Development Board - February 21, 2006 Cases FLD2005-11109/TDR2005-11029 - Page 4 of 10 • 0 All applicable Code requirements and criteria including, but not limited to, General Applicability criteria (Section 3-913) and Comprehensive Infill Redevelopment Project criteria (Section 2- 803.C) have been met. Code Enforcement Analysis: There are no outstanding enforcement issues associated with this site. COMPLIANCE WITH STANDARDS AND CRITERIA: (Sections 2-801.1 and 2-803) STANDARD PROPOSED CONSISTENT INCONSISTENT MAXIMUM 32 dwelling units (a) X DENSITY (30 dwelling units per acre) (29 dwelling units maximum) IMPERVIOUS 0.70 X SURFACE RATIO ISR 0.95 maximum LOT AREA (For 0.985 acres; 42,923 square feet X attached dwellings: 5,000 - 10,000 sq. feet minimum LOT WIDTH (For 317.78 feet X attached dwellings: 50-100 feet minimum FRONT SETBACK 11.7 feet (to building) and zero feet (to X* Zero-15 feet trash staging area) REAR SETBACK 19.4 feet (to building) and zero feet (to X* 10-20 feet pool deck and boardwalk SIDE SETBACK East: 8.6 feet (to pavement) X 0-10 feet West: 7.8 feet (to pavement) HEIGHT (For 46.33 feet (to roof deck) with an X* attached dwellings: additional 10.67 feet for parapets 35-100 feet maximum) (from roof deck) and an additional 16 feet for an open rooftop pavilion (from roof deck) PARKING SPACES 63 spaces (1.97 spaces per unit) X (1.5 spaces per unit - attached dwellings; 48 spaces required) * See discussion under Analysis. (a) Includes the Transfer of Development Rights for three units from 409 East Shore Drive. Staff Report - Community Development Board - February 21, 2006 Cases FLD2005-1 1 1 09/TDR2005-11029 - Page 5 of 10 0 0 COMPLIANCE WITH COMPREHENSIVE INFILL REDEVELOPMENT PROJECT FLEXIBILITY 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 Infill 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 - February 21, 2006 Cases FLD2005-11109/TDR2005-11029 -Page 6 of 10 • • COMPLIANCE WITH GENF,RAL STANDARDS (Sectinn 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 significant) 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 (Section 4-1403): 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW: FINDINGS OF FACT 1. The subject 0.985 acres is zoned Tourist District and has 318 feet of lot width; 2. The site is currently developed with a total of 41 overnight accommodation rooms/units and one attached dwelling; 3. The proposal includes constructing a 32-unit, four-story (over ground-level parking) residential condominium building; Staff Report - Community Development Board - February 21, 2006 Cases FLD2005-1 1 1 09/TDR2005-11029 - Page 7 of 10 4. The proposal includes the utilization of three dwelling units through the Transfer of Development Rights from 409 East Shore Drive; 5. The proposed building of four stories over ground-level parking is consistent with that envisioned by Beach by Design for this street, with the attached dwelling character and the approved heights of the immediate vicinity, specifically 170, 190, 201 and 205 Brightwater Drive; 6. The main portion of the building (entry walkways/access ways to the dwellings on the first to the fourth living levels) ranges between 22 and 24 feet at its closest point to the front property line, which is similar to the project recently approved by the CDB at 170 Brightwater (23.4 feet); 7. While the property appears rectangular, there is some curvature of the property, which produces the irregularity of building setbacks to various portions of the front building fagade (eastern elevator lobby: 11.7 feet; western elevator lobby: 14 feet; eastern stairwell: 17 feet; western stairwell: 19 feet; eastern trash tower: 14.8 feet; western trash tower: more than 15 feet; decorative knee wall screening the parking from view from Brightwater Drive: 18-19 feet); 8. The proposed building side setback of 11 feet exceeds the minimum 10-foot east and west side setback requirement, whereas proposed setback reductions are to parking backup flairs only (east: 8.6 feet; west: 7.8 feet); 9. The proposal includes a reduction to the rear setback to the building from 20 feet to 19.4 feet (ground level restroom only), which is consistent with other attached dwelling projects approved on Brightwater Drive; 10. The setback reductions requested are otherwise to the trash staging area, the pool and pool deck and the boardwalk along the seawall, which are consistent with other approved projects on Brightwater Drive; 11. The proposal is compatible with the surrounding development; and 12. There are no active code enforcement cases for the parcel. CONCLUSIONS OF LAW 1. Staff concludes that the proposal complies with the Flexible Development criteria as a Comprehensive Infill Redevelopment Project per Section 2-803.C; 2. 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; and 3. Based on the above findings and proposed conditions, Staff recommends approval of this application. SUMMARY AND RECOMMENDATION: The Development Review Committee reviewed the application and supporting materials on December 8, 2005. The Planning Department recommends APPROVAL of the (1) Flexible Development application to permit 32 attached dwellings in the Tourist District with reductions to the front (south) setback from 15 feet to 11.7 feet (to building) and from 15 feet to zero feet (to trash staging area), a reduction to the side (east) setback from 10 feet to 8.6 feet (to pavement), a reduction to the side (west) setback from 10 feet to 7.8 feet (to pavement), reductions to the rear (north) setback from 20 feet to 19.4 feet (to building) and from 20 feet to zero feet (to pool deck Staff Report - Community Development Board - February 21, 2006 Cases FLD2005-11109/TDR2005-11029 - Page 8 of 10 0 0 and boardwalk) and an increase to building height from 35 feet to 46.33 feet (to roof deck) with an additional 10.67 feet for parapets (from roof deck) and an additional 16 feet for an open rooftop pavilion (from roof deck), as a Comprehensive Infill Redevelopment Project, under the provisions of Section 2-803.C; and (2) Transfer of Development Rights for three units from 409 East Shore Drive, under the provisions of Section 4-1403 (TDR2005-11029), for the site at 150, 158, 162 and 166 Brightwater Drive, with the following bases and conditions: Bases for Approval: 1. The proposal complies with the Flexible Development criteria as a Comprehensive Infill Redevelopment Project per Section 2-803.C. 2. The proposal is in compliance with other standards in the Code including the General Applicability Criteria per Section 3-913. 3. The development is compatible with the surrounding area and will enhance other redevelopment efforts. 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 a Unity of Title be recorded in the public records prior to the issuance of any permits; 3. That a special warranty deed, specifying the number of dwelling units being conveyed or sold from 409 East Shore Drive 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 409 East Shore Drive due to the transfer of development rights. Any mortgage holder of the sending site (409 East Shore Drive) shall consent to the transfer of development rights prior to the issuance of any permits; 4. That a condominium plat be recorded prior to the issuance of the first Certificate of Occupancy; 5. That any future freestanding sign be a monument-style sign a maximum four feet in height and designed to match the exterior materials and color of the building; 6. That boats moored at the existing or future docks, lift and/or slips be for the exclusive use by the residents and/or guests of the condominiums and not be permitted to be sub-leased separately from the condominiums; 7. That all applicable requirements of Chapter 39 of the Building Code be met related to seawall setbacks; 8. 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; 9. That all Fire Department requirements be met 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 Staff Report - Community Development Board - February 21, 2006 Cases FLD2005-11109/TDR2005-11029 - Page 9 of 10 restrictions or like forms, shall be submitted to the Building Official prior to the issuance of the first Certificate of Occupancy; 11. That the restrooms on the ground floor meet all Federal Emergency Management Administration (FEMA) rules and guidelines; 12. That all utility equipment including but not limited to wireless communication facilities, electrical and gas meters, etc. be screened from view and/or painted to match the building to which they are attached, as applicable, prior to the issuance of the first Certificate of Occupancy; 13. That all Parks and Recreation fees be paid prior to the issuance of any permits; and 14. That, prior to the issuance of the Certificate of Occupancy, traffic impact fees be assessed and paid. Prepared by: Planning Department Staff: W r 0&- Wayne . Wells, AICP, Planner III ATTACHMENTS: Location Map Aerial Map Zoning Map Existing Surrounding Uses Map Application S: (Planning DepartmentlC D BIFLEX (FLD)IPending casesVp for the next CDBWrightwater 150 Cinnamon Bay (T) - 2.21.06 CDB - WWIBrightwater 150 Staff Report. doc Staff Report - Community Development Board - February 21, 2006 Cases FLD2005-11109/TDR2005-11029 - Page 10 of 10 n_ $? '. E, at Fire Condition • 0 Conditions Associated With FLD2005-11109 150 BRIGHTWATER DR Leonard Rickard .562-4327 x3062 11/27/2005 Provide Fire Flow Calculations / Water Study by a FIRE PROTECTION ENGINEER to assure an Not Met adequate water supply is available and to determine if any upgrades are required by the developer due to the impact of this project. Calculations / Water Study due PRIOR TO CDB. 12/15/2005 Water Flow Calculations not provided. Calculations Must meet NFPA 1142 to include ANNEX H (JFK) 1/13/2006 Water Flow Calculations not provided. Calculations Must meet NFPA 1142 to include ANNEX H (JFK) Parks & Recs Condition Potential condition of approval: 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; 12/15/2005 Open space/recreation impact fees are due prior to issuance of building permits or final plat (if Not Met applicable) whichever occurs first. These fees could be substantial and it is recommended that you contact Art Kader at 727-562-4824 to calculate the assessment. Site data table needs to be corrected to show existing usage and to specify if hotel/motel units. Solid Waste Condition Tom Glenn 11/21/2005 Show where recycling carts will be placed for resident use 562-4930 Zoning Condition Wayne Wells, AICP 727-562-4504 11/22/2005 J Potential condition of approval: That the final design and color of the building be consistent with the conceptual elevations submitted to, or as modified by, the CDB; 11/22/2005 J Potential condition of approval: That any future freestanding sign be monument-style, a maximum four feet in height and designed to match the exterior materials and colors of the building; 11/22/2005 11/22/2005 J 11/22/2005 Debbie Reid 562-4818 Not Met Not Met Not Met Not Met Potential condition of approval: That a condominium plat be recorded prior to the issuance of the first Certificate of Occupancy; Not Met Potential condition of approval: Not Met That boats moored at the existing or future docks be for the exclusive use by the residents and/or guests of the condominiums and not be permitted to be sub-leased separately from the condominiums; Print Date: 01/17/2006 CaseConditons Page 1 of 3 FLD2005-11109 150 BRIGHTWATER DR Zoning Cond ition Wayne Wells, AICP 727-562-4504 11/22/2005 J Potential condition of approval: Not Met That all applicable requirements of Chapter 39 of the Building Code be met related to seawall setbacks; 11/22/2005 iPotential condition of approval: Not Met That all Fire Department requirements be met prior to the issuance of any permits; 11 /22/2005 J Potential condition of approval: Not Met That, prior to the issuance of the Certificate of Occupancy, traffic impact fees be assessed and paid; 11/22/2005 J Potential condition of approval: Not Met That all Parks and Recreation fees be paid prior to the issuance of any permits; 11/22/200 Potential condition of approval: Not Met 5 That a special warranty deed, specifying the number of dwelling units being conveyed or sold from 409 East Shore Drive 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 409 East Shore Drive due to the transfer of development rights. Any mortgage holder of the sending site (409 East Shore Drive) shall consent to the transfer of development rights prior to the issuance of any permits; 11/22/2005 Potential condition of approval: Not Met 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; 11/22/2005 ( Potential condition of approval: Not Met ?I That the restrooms on the ground floor meet all Federal Emergency Management Administration (FEMA) rules and guidelines; 11/22/2005 Potential condition of approval: Not Met That all utility equipment including but not limited to wireless communication facilities, electrical and gas meters, etc. be screened from view and/or painted to match the building to which they are attached, as applicable prior to the issuance of the first Certificate of Occupancy; 11/22/2005 / Potential condition of approval: Not Met J That a Unity of Title be recorded in the public records prior to the issuance of any permits; 11/22/2005 1/17/06 - WW Not Met The response that fewer than allowed TDR units has no bearing on the proposed setbacks. Staff still feels that the depth of the building could be reduced to either meet or be closer to the required front setback of 15 feet. Will be discussed as an issue in the Staff Report (potential recommendation of Denial). 12/16/05 - WW Response deals with rotating the building on the site and has not responded to the size of the parking drive aisle in relation to why the depth of the building cannot be reduced to allow the building to at least meet or more closely meet the required front setback of 15 feet. Revise. 11/22/05 - WW Unclear why the building cannot meet or exceed the required setbacks (front, side and rear), especially when the drive aisle is proposed exceeding the required width by three feet (27 feet proposed; 24 feet required). Revise. Print Date: 01/17/2006 CaseConditons Page 2 of 3 A. I i* 9 0 FLD2005-11109 150 BRIGHTWATER DR CaseConditons Print Date: 01/17/2006 Page 3 of 3 • • Wells, Wayne From: Albee, Rick Sent: Wednesday, January 18, 2006 2:28 PM To: Watkins, Sherry; DRC Members; Gluski, Roberta; Hufford, Diane; Reid, Debbie; 'Tracy Harmon'; US Post Office (E-mail) Subject: RE: resubmittals for the Feb 21, 2006 CDB meeting 1415 MLK-One condition required prior to building permit. 706 Bayway- No issues. 150 Brightwater- No issues. 678 Gulfview- Conditions modified and MET. -----Original Message----- From: Watkins, Sherry Sent: Wednesday, January 11, 2006 1:08 PM To: DRC Members; Gluski, Roberta; Hufford, Diane; Reid, Debbie; Tracy Harmon; US Post Office (E-mail) Subject: resubmittals for the Feb 21, 2006 CDB meeting DRC Members, Plans for the following cases have been resubmitted for the Feb 21, 2006 CDB meeting: FLD2005-11112 1415 S Martin Luther King Planner John FLD2005-11110 706 Bayway Blvd Planner Wayne FLD2005-11109 150 Brightwater Planner Wayne FLD2005-07071 678 S Gulfview Blvd Planner Wayne I have placed one copy of the case resubmittal package on the cabinets outside of Room 216 in our office for your review (please do not take it, 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 Friday January 13, 2006. Sherry L Watkins Planning Department Administrative Analyst (727) 562-4582 sherry. watkins@myclearwater. coin Wells, Wayne From: Rice, Scott Sent: Wednesday, January 11, 2006 2:17 PM To: Wells, Wayne Subject: FW: FLD2005-11109 - 150 Brightwater Previous Email from 12/15. D. Scott Rice Land DeveL Engr. Manager 727-562-4781 scott.rice@MyClearwater.com -----Original Message----- From: Rice, Scott Sent: Thursday, December 15, 2005 2:23 PM To: Wells, Wayne Subject: FLD2005-11109 - 150 Brightwater Engineering has completed review and updated Permit Plan for the subject application. Approval conditions: Prior to building permit, provide a copy of an approved SWFWMD permit or letter of no objection. Prior to building permit, provide plans for a 5 foot sidewalk at the back of curb. Prior to CO, Transportation Impact Fees to be determined and paid. D. Scott Rice Land DeveL Engr. Manager 727-562-4781 scott.rice@MyClearwater,com 1 • • Wells, Wayne From: Rice, Scott Sent: Wednesday, January 11, 2006 2:13 PM To: Wells, Wayne; Watkins, Sherry Subject: FLD2005-11109 - 150 Brightwater All Engineering issues have been addressed. D. Scott Rice Land DeveL Engr. Manager 727-562-4781 scott.rice@MyClearwater. com • • Wells, Wayne From: Watkins, Sherry Sent: Wednesday, January 11, 2006 1:08 PM To: DRC Members; Gluski, Roberta; Hufford, Diane; Reid, Debbie; Tracy Harmon; US Post Office (E-mail) Subject: resubmittals for the Feb 21, 2006 CDB meeting DRC Members, Plans for the following cases have been resubmitted for the Feb 21, 2006 CDB meeting: FLD2005-11112 1415 S Martin Luther King Planner John FLD2005-11110 706 Bayway Blvd Planner Wayne FLD2005-11109 150 Brightwater Planner Wayne FLD2005-07071 678 S Gulfview Blvd Planner Wayne I have placed one copy of the case resubmittal package on the cabinets outside of Room 216 in our office for your review (please do not take it, 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 Friday January 13, 2006. Sherry L Watkins Planning Department Administrative Analyst (727) 562-4582 sherrij.watkins@mycleanvater.com • • Wells, Wayne From: Albee, Rick Sent: Friday, December 16, 2005 1:50 PM To: Watkins, Sherry; DRC Members; Gluski, Roberta; Hufford, Diane; 'Tracy Harmon' Subject: RE: CDB REsubmittals for the January 17, 2005 Meeting 125/143 Island Way- No Issues 150 Brightwater- No Issues 400 Jones- No Issues 678 Gulfview- Revised comments to be met at building permit. -----Original Message----- From: Watkins, Sherry Sent: Tuesday, December 13, 2005 3:29 PM To: DRC Members; Gluski, Roberta; Hufford, Diane; Tracy Harmon Subject: CDB REsubmittals for the January 17, 2005 Meeting DRC Members, Plans for the following cases have been resubmitted for the January 17, 2006, CDB meeting FLD2005-11106 125 & 143 Island Way Planner :Robert Tefft DVA2005-00004A 2506 Countryside Planner: Mike Reynolds FLD2005-11109 150 Brightwater Dr Planner Wayne Wells FLD2005-08085 FLD2005-07071 ANX2005-10036 ANX2005-10035 400 Jones Street 678 S Gulfview Blvd 2066 Mall 3012 Grand View Ave Planner: Robert Tefft Planner: Wayne Wells Planner: Cky Planner:Cky I have placed one copy of the cases resubmitted 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 these cases in Permit Plan and determine if they are met. Whether the conditions are "met" or still "not met," please affirm to the planner via email. Please have these cases reviewed, if possible by 9AM, Friday, December 16, 2005. Thank you, Sherry L Watkins Planning Department Administrative Analyst (727) 562-4582 sherry. watk iris @tnycleaiwater. corn 0 0 Wells, Wayne From: Rickard, Leonard Sent: Friday, December 16, 2005 7:55 AM To: Watkins, Sherry Cc: Wells, Wayne; Tefft, Robert; Reynolds, Mike Subject: RE: CDB Resubmittals for the January 17, 2005 Meeting FLD2005-11106 125 & 143 Island Way Planner :Robert Tefft MET DVA2005-00004A 2506 Countryside Planner: Mike Reynolds FLD2005-11109 150 Brightwater Dr Planner Wayne Wells FLD2005-08085 400 Jones Street Planner: Robert Tefft FLD2005-07071 678 S Gulfview Blvd Planner: Wayne Wells ANX2005-10036 2066 Mall Planner: Cky ANX2005-10035 3012 Grand View Ave Planner:Cky NO ISSUES NOT MET NOT MET NOT MET NO ISSUES NO ISSUES 1 Wells, Wayne From: Wells, Wayne Sent: Thursday, December 15, 2005 5:31 PM To: Reid, Debbie Subject: FW: Parks & Rec comments, 150 Brightwater Drive Debbie - Response from Northside Engineering. Wayne -----Original Message----- From: Renee Ruggiero [mailto:Renee@northsideengineering:com] Sent: Thursday, December 15, 2005 3:53 PM To: Wells, Wayne Cc: Doreen Williams; Angel Haines Subject: RE: Parks & Rec comments, 150 Brightwater Drive Wayne - The existing uses consist of 41 over night accommodations and one attached dwelling. I apologize for missing the comment request, looking at the DRC comments that should have been an additional bullet but was simply wrapped into the standard Parks & Rec paragraph regarding payment due. Thank you for providing an opportunity to respond. Please contact me if you require additional information. Respectfully, Renee Ruggiero -----Original Message----- From: Wayne.Wells@myClearwater.com [mailto:Wayne.Wells@myClearwater.com] Sent: Thursday, December 15, 2005 2:28 PM To: Renee Ruggiero Subject: Parks & Rec comments, 150 Brightwater Drive Renee - Need to address comment below ASAP for 150 Brightwater Drive. Wayne > -----Original Message----- > From: Reid, Debbie > Sent: Thursday, December 15, 2005 1:52 PM > To: Reynolds, Mike; Wells, Wayne > Subject: FW: CDB REsubmittals for the January 17, 2005 Meeting > Mike and Wayne, please see notations below. There are two cases that have not yet met our requested changes. > Debbie -) > -----Original Message----- > From: Kader, Art > Sent: Wednesday, December 14, 2005 12:46 AM > To: Reid, Debbie > Subject: FW: CDB REsubmittals for the January 17, 2005 Meeting > fyi > -----Original Message----- > From: Watkins, Sherry > Sent: Tuesday, December 13, 2005 3:29 PM > To: DRC Members; Gluski, Roberta; Hufford, Diane; Tracy Harmon > Subject: CDB REsubmittals for the January 17, 2005 Meeting 1 > > > DRC Members, > Plans for the following cases have been resubmitted for the January > 17, 2006, CDB meeting > FLD2005-11106 125 & 143 Island Way Planner :Robert Tefft > DVA2005-00004A 2506 Countryside Planner: Mike Reynolds [Reid, Debbie] Mike, Art Kader had emailed you on December 6th regarding a change that needed to be made to the development agreement, per our Legal Dept. The agreement needs to address the payment of open space impact fees to protect the City. I don't see those changes on the agreement. If you need me to forward Art's email to you, please let me know. > FLD2005-11109 150 Brightwater Dr Planner Wayne Wells [Reid, Debbie] Wayne, we requested that the site data table on this project needed to be corrected to show the existing usage of the property, specifically if the 42 existing units are residential dwellings or hotel/motel units. That has not been changed/corrected yet and we will need to know that information in order to compute their fees. > FLD2005-08085 400 Jones Street Planner: Robert Tefft > FLD2005-07071 678 S Gulfview Blvd Planner: Wayne Wells > ANX2005-10036 2066 Mall Planner: Cky > ANX2005-10035 3012 Grand View Ave Planner:Cky > I have placed one copy of the cases resubmitted 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 these cases in Permit Plan and determine if they are met. Whether the conditions are "met" or still "not met," please affirm to the planner via email. Please have these cases reviewed, if possible by 9AM, Friday, December 16, 2005. > Thank you, > Sherry L Watkins > Planning Department > Administrative Analyst > (727) 562-4582 > sherry.watkins@myclearwater.com 2 Wells, Wayne From: Reid, Debbie Sent: Thursday, December 15, 2005 1:52 PM To: Reynolds, Mike; Wells, Wayne Subject: FW: CDB REsubmittals for the January 17, 2005 Meeting Mike and Wayne, please see notations below. There are two cases that have not yet met our requested changes. Debbie O -----Original Message----- From: Kader, Art Sent: Wednesday, December 14, 2005 12:46 AM To: Reid, Debbie Subject: FW: CDB REsubmittals for the January 17, 2005 Meeting fyi -----Original Message----- From: Watkins, Sherry Sent: Tuesday, December 13, 2005 3:29 PM To: DRC Members; Gluski, Roberta; Hufford, Diane; Tracy Harmon Subject: CDB REsubmittals for the January 17, 2005 Meeting DRC Members, Plans for the following cases have been resubmitted for the January 17, 2006, CDB meeting FLD2005-11106 125 & 143 Island Way Planner :Robert Tefft DVA2005-00004A 2506 Countryside Planner: Mike Reynolds [Reid, Debbie] Mike, Art Kader had emailed you on December 6th regarding a change that needed to be made to the development agreement, per our Legal Dept. The agreement needs to address the payment of open space impact fees to protect the City. I don't see those changes on the agreement. If you need me to forward Art's email to you, please let me know. FLD2005-11109 150 Brightwater Dr Planner Wayne Wells [Reid, Debbie] Wayne, we requested that the site data table on this project needed to be corrected to show the existing usage of the property, specifically if the 42 existing units are residential dwellings or hotel/motel units. That has not been changed/corrected yet and we will need to know that information in order to compute their fees. FLD2005-08085 FLD2005-07071 ANX2005-10036 ANX2005-10035 400 Jones Street 678 S Gulfview Blvd 2066 Mall Planner: Cky 3012 Grand View Ave Planner:Cky Planner: Robert Tefft Planner: Wayne Wells I have placed one copy of the cases resubmitted 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 these cases in Permit Plan and determine if they are met. Whether the conditions are "met" or still "not met," please affirm to the planner via email. Please have these cases reviewed, if possible by 9AM, Friday, December 16, 2005. Thank you, Sherry L Watkins Planning Department .&I k" • • Administrative Analyst (727) 562-4582 sherry. Watkins@m yclearwater. corn • • Wells, Wayne From: Rice, Scott Sent: Thursday, December 15, 2005 2:23 PM To: Wells, Wayne Subject: FLD2005-11109 - 150 Brightwater Engineering has completed review and updated Permit Plan for the subject application. Approval conditions: Prior to building permit, provide a copy of an approved SWFWMD permit or letter of no objection. Prior to building permit, provide plans for a 5 foot sidewalk at the back of curb. Prior to CO, Transportation Impact Fees to be determined and paid. D. Scott Rice Land DeveL Engr. Manager 727-562-4781 scott.rice@MyClearwater.com • Wells, Wayne • From: Watkins, Sherry Sent: Tuesday, December 13, 2005 3:29 PM To: DRC Members; Gluski, Roberta; Hufford, Diane; Tracy Harmon Subject: CDB REsubmittals for the January 17, 2005 Meeting DRC Members, Plans for the following cases have been resubmitted for the January 17, 2006, CDB meeting FLD2005-11106 DVA2005-00004A FLD2005-11109 FLD2005-08085 FLD2005-07071 ANX2005-10036 ANX2005-10035 125 & 143 Island Way Planner :Robert Tefft 2506 Countryside Planner: Mike Reynolds 150 Brightwater Dr Planner Wayne Wells 400 Jones Street Planner: Robert Tefft 678 S Gulfview Blvd Planner: Wayne Wells 2066 Mall Planner: Cky 3012 Grand View Ave Planner:Cky I have placed one copy of the cases resubmitted 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 these cases in Permit Plan and determine if they are met. Whether the conditions are "met" or still "not met," please affirm to the planner via email. Please have these cases reviewed, if possible by 9AM, Friday, December 16, 2005. Thank you, Sherry L Watkins Planning Department Administrative Analyst (727) 562-4582 sherry.watkins@mycleanvater.com 1 I*. I 1.50 pm Case Number: FLD2005-111 9 -- 150 BRIGHTWATER DR Owner(s): Cinnamon Bay Of Clearwater Llc 200 Brightwater Dr # 2 Clearwater, F133767 TELEPHONE: No Phone, FAX: No Fax, E-MAIL: No Email Representative: Housh Ghovaee v M* #sfydr ?RL G04W1440A4 601 Cleveland Street Clearwater, F133755 TELEPHONE: 727-443-2869, FAX: 727-446-8036, E-MAIL: renee@northsideengineering.com Location: 0.985 acres located on the north side of Brightwater Drive, approximately 900 feet east of Hamden Drive (150, 158, 162 and 166 Brightwater Drive). Atlas Page: 276A Zoning District: T, Tourist Request: (1) Flexible Development approval to permit 32 attached dwellings in the Tourist District with reductions to the front (south) setback from 15 feet to 10.5 feet (to building) and from 15 feet to zero feet (to trash staging area), a reduction to the side (east) setback from 10 feet to 8.3 feet (to pavement), a reduction to the side (west) setback from 10 feet to 8.2 feet (to pavement), reductions to the rear (north) setback from 20 feet to 19.5 feet (to building) and from 20 feet to zero feet (to pool deck and boardwalk) and an increase to building height from 35 feet 46.33 feet (to roof deck) with an additional four feet for parapets (from roof deck) and an additional 16.83 feet for an open rooftop pavilion (from roof deck), as a Comprehensive Infill Redevelopment Project, under the provisions of Section 2-803.C (retaining five existing boat docks for sole use by the property owners); and (2) Transfer of Development Rights for three units from 409 East Shore Drive, under the provisions of Section 4-1403 (TDR2005-11029). Proposed Use: Attached dwellings Neighborhood Clearwater Beach Association Association(s): Clearwater, F133767 100 Devon Dr TELEPHONE: 443-2168, FAX: No Fax, E-MAIL: papamurphy@aol.com Neighborhood Clearwater Neighborhoods Coalition Association(s): Clearwater, Fl 33758 P O Box 8204 TELEPHONE: 727-725-3345, FAX: No Fax, E-MAIL: Djw@gte.net Presenter: Wayne Wells, Planner III Attendees Included: City Staff. Wayne Wells, Neil Thompson, Scott Rice, Lenny Richart Applicant: Renee Ruggiero, Roland Rogers The DRC reviewed this application with the following comments: General Engineering: 1 . The following to be addressed prior to building permit: 1. Provide a 5 ft. sidewalk at back of curb. 2. Provide a double sweep sanitary cleanout at property line per City Detail #305, Sheet 1 of 2. 3. Drawings signed and sealed by a Florida Registered Engineer shall be submitted for review prior to issuance of a building permit for swimming pool, deck and retention ponds addressing construction in vicinity of seawall tie-back system. General Note: DRC review is a prerequisite for Building Permit Review, additional comments may be forthcoming upon submittal of a Building Permit Application. General Note: If the proposed project necessitates infrastructure modifications to satisfy site-specific water capacity and pressure requirements and/or wastewater capacity requirements, the modifications shall be completed by the applicant and at their expense. If underground water mains and hydrants are to be installed, the installation shall be completed and in service prior to construction in accordance with Fire Department requirements. Environmental: No Issues Fire: Development Review Agenda - Thursday, December 8, 2005 - Page 31 fib, 1 . Provide Fire Flow alculations / Water Study by a FIRE PROTEC N ENGINEER to assure an adequate water supply is available and to determine if any upgrades are required by the developer due to the impact of this project. Calculations / Water Study due PRIOR TO CDB." 2. Show location of fire pump and emergency generator. PRIOR TO CDB 3. Fire risers for dock protection must be tied to fire pump. Show on plan PRIOR TO CDB Harbor Master: 1 . No issues. Legal: 1 , No issues. Land Resources: 1 No Issues. Landscaping: 1 . Need to curb the backup flairs on the east and west ends of the parking area. 2. Sheet L1.1 - The landscape table indicates there are 55 HB, yet I only count 50 HB. Revise. 3 . Sheet L1.1 - Waterfront triangles do not permit any shrubs or trees within the triangles. Revise. Parks and Recreation: 1 . Open space/recreation impact fees are due prior to issuance of building permits or final plat (if applicable) whichever occurs first. These fees could be substantial and it is recommended that you contact Art Kader at 727-562-4824 to calculate the assessment. Site data table needs to be corrected to show existing usage and to specify if hotel/motel units. Stormwater: 1 , Prior to issuance of a building permit: 1) Provide a copy of the approved SWFWMD permit or letter of no objection. 2) The grading plan needs to show more detailed elevations to clarify that the stormwater runoff from the entance drive does not drain into the adjacent street. If this cannot be accomplished then a trench drain is to be placed at the property line across the driveway to direct runoff into the front Swale. 3) Show in more detail how the drainage swale can carry runoff through the landscape areas. This information should be on one plan depicting landscaping and grades associated with drainage. Solid Waste: 1 . Show where recycling carts will be placed for resident use Traffic Engineering: 1 . 1. Acknowledge that the vertical height clearance for parking garage is 8' 2" to accommodate handicap van per Florida Building Code Section 11-4.6.5. 2. Provide an accessible path from a building's accessible entrance to a public sidewalk and to the pool compliant with Florida Accessibility Code for Building Construction Chapter 11, Section 11-4.3.2. 3. Accessible route must be designed such that users are not compelled to walk or wheel behind parked vehicles. Florida Accessibility Code for Building Construction Chapter 11, Section I1-4.6.2. The above to be addressed prior to CDB. Planning: General note: Transportation Impact Fees to be determined and paid prior to a C.O. if any. Development Review Agenda - Thursday, December 8, 2005 - Page 32 w. I . Sheet C3.1 - Provi e the proposed grades for the pool deck and the *walk at the rear of the property. Provide the proposed grading of the land areas outside of the building, especially along property lines. 2. Proposed colors are intense and do not meet Section L, Materials and Colors, inclduding the color pallette, of the Design Guidelines of Beach by Design. 3 . Provide a rooftop plan. 4. Sheet A-4 - East and West elevations indicate a balcony projection beyond the main building on the third floor, yet no such balcony projection is shown on the third floor plan on Sheet A-3. Unclear why such projection is even shown or proposed. Revise. 5 . Sheet A-4 - South Elevation - Unclear what is actually being proposed with railings on the second, third and fourth floors, as some areas indicate more ornate balusters and other areas appear blank, solid railing walls. Advise/revise. 6. Unclear as to color scheme for the entire building, since there was no color renderings provided, at least of the front elevation. Need to detail on all elevation the proposed color scheme, as partially indicated on the south elevations. Strongly suggest providing a color rendering. Will also be very helpful for presentation purposes at the CDB meeting (8.5"x11 "). 7. Sheet Cl.I - Site data - While the ISR of 30,087 sf plus the open space of 12836 sf adds up to the lot area, the percentages of the land area for ISR is actually 0.69 and the open space is 0.294, which adds up to 0.984. These percentages should be adding up to 100 percent. 8. Check with Fire as to whether the 30-foot radii are required for the driveway. 9 .. Sheet C2.1 - Sidewalks to the dumpster and recycling rooms do not line up with doorways. Revise. 10. Unclear why the walkway in front of the parking spaces facing Brightwater Drive have decorative columns and are covered by a barrel tile roof, yet the front of these spaces are screened from view from Brightwater Drive by a solid fence. It would seem that this walkway could he better designed with a low wall that incorporates intermediate columns with arches and possibly some grillwork (still with landscaping on the outside of the wall). Proposal needs to comply with the Flexible Development criteria for attached dwellings: "Off-street parking within the footprint of the residential building is designed and constructed to create a street level facade comparable to the architectural character and finishes of a residential building without parking on the ground level." 11 . Unclear why, if the site is basically rectangular in shape with 120-foot depth and 317.7-foot length, the building is situated on the site at an angle with the front setback in the southeast corner of 10.5 feet to the elevator lobby and to the southwest corner of 15.2 feet to the elevator lobby. While not dimensioned (but please dimension), the northeast corner is approximately 31 feet from the rear property line versus the northwest corner at approximately a 26-foot rear setback. Is there some reason the building has been placed on the site at such an angle? It appears that it can be designed to meet the required setbacks. Revise. 12. While it assists with providing visual relief from a flat facade building, unclear what is happening with the lobbies for the elevators, as to the use of the blank space next to the elevator. 13 . Sheet C2.1 - "Islands" on either side of the driveway under the building have the same "blank" shading as landscaped areas. Stipple/shade same as concrete. 14. Describe the intended use of the "cabanas" shown on the ground floor near the pool. 15. Unclear how the handicap access the pool/dock area, meeting ADA rules (clear and direct accessible path). Revise. 16. Potential condition of approval: That the final design and color of the building be consistent with the conceptual elevations submitted to, or as modified by, the CDB; 17. Potential condition of approval: That any future freestanding sign be monument-style, a maximum four feet in height and designed to match the exterior materials and colors of the building; 18. Potential condition of approval: 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; 19 . Potential condition of approval: That a condominium plat be recorded prior to the issuance of the first Certificate of Occupancy; Development Review Agenda - Thursday, December 8, 2005 - Page 33 4 20. Potential conditio 3approval: hat boats moored at the existing or future docks be for the exclusive use by the residents and/or T guests of the condominiums and not be permitted to be sub-leased separately from the condominiums; 21 . Potential condition of approval: That all applicable requirements of Chapter 39 of the Building Code be met related to seawall setbacks; 22. Potential condition of approval: That all Fire Department requirements be met prior to the issuance of any permits; 23 . Potential condition of approval: That, prior to the issuance of the Certificate of Occupancy, traffic impact fees be assessed and paid; 24. Potential condition of approval: That all Parks and Recreation fees be paid prior to the issuance of any permits; 25 . Potential condition of approval: That a special warranty deed, specifying the number of dwelling units being conveyed or sold from 409 East Shore Drive 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 409 East Shore Drive due to the transfer of development rights. Any mortgage holder of the sending site (409 East Shore Drive) shall consent to the transfer of development rights prior to the issuance of any permits; 26. Potential condition of approval: 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; 27. Potential condition of approval: That the restrooms on the ground floor meet all Federal Emergency Management Administration (FEMA) rules and guidelines; 28. Per Beach by Design, Page 59, Section C.2, no plane of a building may continue for greater than 100 linear feet, without at least an offset of greater than five feet. The rear of the building does not meet this Design Guideline. Compliance with this requirement will need to be demonstrated on each floor. Added to this concern regarding this requirement is the extreme largeness of most of the balonies and master bedrooms on the fourth floor. Revise. 29. Potential condition of approval: That all utility equipment including but not limited to wireless communication facilities, electrical and gas meters, etc. be screened from view and/or painted to match the building to which they are attached, as applicable prior to the issuance of the first Certificate of Occupancy; 30. Potential condition of approval: That a Unity of Title be recorded in the public records prior to the issuance of any permits; 31 . Sheet C3.1 - Indicate the cross-sections as "A-A" and "B-B". Also, if there is going to be a boardwalk along the seawall providing access to the future docks, unclear at what elevation the boardwalk will be at if the top of seawall is at elevation 4.0 and the top of bank for the retention pond is at elevation 5.0. There appears to be a conflict. 32. Unclear of the location of the electric meters for this project and whether there will be any required platform required per the National Electric Code and FEMA to allow Progress Energy personnel to read the meters. Show location and any required platform. Development Review Agenda - Thursday, December 8, 2005 - Page 34 40 33 . Sheet A-4 - East an est Elevations - 1) Based on the floor plans, there appears to be railing between the stairwell and the unit on each floor, yet the railing does not show up on the elevations. 2) Window locations indicated on the elevations are inconsistent with their locations as indicated on the floor plans. 3) Based on the floor plans, railings at the rear balconies are inconsistently indicated on the elevations. 4) Floor plans are inconsistent with the elevations as to the location of, and depiction of, railings at the rear balconies. Only the first floor is indicated to actually have railings on the east and west elevations; all other floors indicate solid walls along the east and west sides of the building at the rear balconies. If this is not what is desired, correct the inconsistencies. 5) The corners of the master bedrooms (at least the first floor) need to be indicated as vertical lines in the elevation. 6) Shade the roof tile in, as shown on the north and south elevations. 7) Elevations are bland, lacking appeal and are incohesive. Potentially correcting the elevations due to 1-5 above may help, but the side elevations appear lacking attention to detail. Potentially vertical or horizontal banding may help. 34. Based on the floor plans and the elevations, neither the stairs nor the elevator provides access to the roof. As such, unclear as to the purpose of the large 30'x30' open rooftop pavilion. Remove. 35 . Sheet A-4 - South Elevation - Provide the dimension from the roof deck to the top of the tiled parapet and to all hip-roofed structures, as many of these will be required to be requested for additional height for advertising purposes. 36. Sheet A-4 - North Elevation - Unclear why columns on the first floor for the second and third units from the west side and the column for the easternmost unit on the fourth floor at the edge of the balconies do not line up with the columns for the other floors. Revise. 37. Sheet C2.1, C3.1 and L1.1 - Show the pergolas on the ground floor on either side of the pool, as indicated on the Sheet A-1 and A-4. Revise. 38 . Unclear why the building cannot meet or exceed the required setbacks (front, side and rear), especially when the drive aisle is proposed exceeding the required width by three feet (27 feet proposed; 24 feet required). Revise. 39 . Since there is no demolition plan submitted, all existing driveways no longer to be utililized must be removed. 40. Comprehensive Infill criteria #1 response - 1) Totally disagree with the second sentence, as the drive aisle exceeds Code requirements. The building could be reduced by three feet in order to meet Code required setbacks. 2) Sentences three and four - There are no reductions to side setbacks requested. Side elevations do not have architectural interest. There is no improved articulation to the side elevation. There is a need to provide articulation of the rear elevation to meet the requirements of Beach by Design. 41 . Comprehensive Infill criteria #8 response - There are presently reductions to the front setback to building requested, which is of more importance than sidewalks and pool setbacks. Revise. 42. Staff is concerned with the Transfer of Development Rights from 409 East Shore Drive, as the site is still fully developed with a building with seven units, even if the business has been "closed" (no occupational license). There has been no application submitted to demolish the building(s). Other: No Comments Notes: To be placed on the 1/17/06 CDB agenda, submit 15 collated copies of the revised plans & application material addressing all above departments' comments by noon, 12/13/05. Packets shall be collated, folded and stapled as appropriate. Development Review Agenda - Thursday, December 8, 2005 - Page 35 Wells, Wayne From: Kambourolias, Sam Sent: Wednesday, November 23, 2005 2:33 PM To: Wells, Wayne Cc: Watkins, Sherry Subject: FLD2005-11109 w1l -1 L-J aerial.doc existing.doc location.doc zone.doc Sam Kambourolias • 9 Wells, Wayne From: Wells, Wayne Sent: Wednesday, November 23, 2005 9:42 AM To: Kambourolias, Sam Cc: Herman, Jason Subject: Map Request for 150, 158, 162 and 166 Brightwater Drive Sam - Attached is a map request for Case FLD2005-11109/TDR2005-11029 for the property at 150, 158, 162 and 166 Brightwater Drive. I will bring over the paperwork. The survey that I will bring over you may keep. Thanks- Wayne FLD Map request form.doc 0 • Flexible Development Application - Map Request Planner Name: Wayne Wells Case Number: FLD2005-1 1 1 09/TDR2005-1 1029 Date Requested: November 23, 2005 Date Requested for (date): December 9, 2005 Maps Requested x? Location Map x? Aerial Map x? Zoning Map x? Existing Surrounding Uses Map Required Documents to be submitted to Engineerin g x? Legal Description x? Survey x? Map with Proposed Site Highlighted Map Name Owner: III Cinnamon Bay of Clearwater, LLC Case: FLD2005-1 1 1 09 TDR2005-1 1029 Site: 150, 158, 162 and 166 Property Brightwater Drive Size(Acres): 0.985 08/29/15/04932/000/0450 PIN: 08/29/15/04932/000/0430 08/29/15/04932/000/0420 08/29/15/04932/000/0410 Atlas Page: 276A b 1TMx*vx-% 119V hial ®. 2 Y 32/02 32/D3 , N 3 S a FtRSr r0a C sa 2 4 STREET g 14 3 ? m m !o g : a { 5 , to 6 52 98 O 5 Na 6 53 99 QD bt 7 7 D.B. 161_2! rI 100 g N 2 P g 9 /B 5 e ? 8 ba b 5 u .? t `sj r \ ?1 DD. 1101-- a ? 02 to 4 9 %I 4 6 o, 11 to to 5 104 i ?ita a3° E> e ?tor 51 ?Q B : A 2 130 SO 49 z 12 o D 70 a0/ 57RECT B . 48 d The 105 N0 4a/ 1 Y FIR tsi 4 86 091111 T sea le 106 ao? •ea 2 I 1 14 0 1 Y aoa 60 aoa tV 3 1 an 61 08 L• IA 16 an t 9 an via 4111 as ui 62 1 q2 1 0 atp •r• 5 O 63 2A = 78 1 ap a ? 6N 19 sar 60 ata 65 11 3 a n 7x ap 3A 20 6B 714 aay BEC 4 no 4A 8P8A o1bPPp,R 21 15 ••• y .? aae 1 610 60]5 ay 67 7 56 22 1, 68 4ra 8 54 5,3 52 b 8 2J 41 o R A 't1 ` `r 8 R R? ® came 24 25 ? `7 as 69 118 N •4 Nr 70 119 aq au 41 Bde 1 71 120 I O 9 'via sa 8R NATE1i `, tt k91T 0 2 3 4 3 26 LY a 3 FIRFE ae4 ?t d(J ??e 9A 5 7 6 7 ! 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(813)526-4755 hlip: //3ws.claorwaler-fl.com/engineer/ Dlytlainl- Public information data Is lurnfshed by the City of Clearwale, PubllC WOOD Adminisiration/Englnesring, and mural be GeCeplad and used by the recipient with the understanding that the data Melred wall CClleettd for the purpale of derelopLlg a graphic Infrastructure Inventory. AA. such, the City of 0-1-1e1 PWA/E makes no rorranu .. apr.esed or Implied. Ceming the aCCVrMy. eamolelenes& reliability. ors Mobility of 11,13 data (or any other perl'Icular use. Fuflhermore, the City of Clearwater PWA/E assumes no liability wholsoe er ossocfaled 0h the use or mhuse of alth data. This Atlas page 1. wbNk t to periodk cnongn. For Information aboul laled rerfalons please cost PWA/E or .,It our Web if,, N 0 100 200 400 600 SCALE: 1- - 400' LEGEND: O BLOCK NUMBER 1234 LOT ADDRESS CITY LIMITS LINE SHADED AREA - PROPERTY OUTSIDE CLEARWATER CITY LIMITS ? AGREEMENT TO ANNEX ? CITY OWNED PROPERTY MDR ZONING DESIGNATION ZONE LINE REVISED.- - 3/08/99 ZONING ATLAS SW 1/4 OF SECTION ?-7p A R - -Joe ^ S Y 4y4, ?a '76 Division of Corporations . Page I of 2 . 1 IQ!, V?ip??i?ki ??1!1? i ?`?+.tr'''aY. a_ ? ^1rw 'A. Wri6 "Y.?:.l 3 aI. '?. i{. ?. '74.A• ! Y, i z+Ir? z ? srr? ?r r,r I't1? C III qu. Florida Limited Liability CINNAMON BAY OF CLEARWATER LLC PRINCIPAL ADDRESS 200 BRIGHTWATER DR UNIT 2 CLEARWATER FL 33767 US MAILING ADDRESS 200 BRIGHTWATER DR UNIT 2 CLEARWATER FL 33767 US Document Number FEI Number L05000037795 NONE State Status FL ACTIVE Total Contribution 0.00 istered Agent Date Filed 04/18/2005 Effective Date 04/15/2005 Name & Address ROGERS,ROLAND 200 BRIGHTWATER DR UNIT 2 CLEARWATER FL 33767 Manager/Member Detail Titl N & Add ame ress e ROGERS,ROLAND 200 BRIGHTWATER DR UNIT 2 MGRM CLEARWATER FL 33767 US Annual s 11 Resort Year II Filed Date II http://www.sunbiz.org/scripts/cordet.exe?al=DETFIL&nl=LO5000037795&n2=NAMFW... 11/7/2005 Division of Corporations • Page 2 of 2 Previous Filing Return to List Next Filing No Events No Name History Information Document Images Listed below are the images available for this filing. 04/18/2005 -- Florida Limited Liability THIS IS NOT OFFICIAL RECORD; SEE DOCUMENTS IF QUESTION OR CONFLICT Corporations Inquiry Corporations Help http://www. sunbiz.org/scripts/cordet. exe?al =DETFIL&n l =L05000037795 &n2=NAMFW... 11/7/2005 CITY OF CLEARWATER PLANNING AND DEVELOPMENT SERVICES MUNICIPAL SERVICES BUILDING Qs? 100 SOUTH MYRTLE AVE. CLEARWATER, FLORIDA 33756 PHONE (727) 562-4567 FAX (727) 562-4576 CASE SUMMARY OCL9013541 150 BRIGHTWATER DR BLUE JAY MOTEL PEOPLE Role: Business Owner STANLEY KULACH PHONE: (727) 446-0356 150 BRIGHTWATER DR FAX: No Fax CLEARWATER, FL 33767-2401 FEES Assessed Amount Amount Paid Balance Due LICENSE FEE - RENEWAL $432.05 $379.95 $52.10 Total $432.05 $379.95 $52.10 OCCUPATIONAL LICENSE Category Quantity # Em ployees 091000 RENTAL UNITS 18 0 Done ACTIVITIES Date 1 Date 2 Date 3 Disp By Issue License - RENEWAL 8/5/1998 DONE DAH Issue License - RENEWAL 8/30/2000 DONE GBD Issue License - RENEWAL 8/16/2001 DONE WBS 01-02 Issue License - RENEWAL 8/14/1999 DONE GBD Issue License 9/2/1997 DONE GBD Renewal Notice 7/25/1997 9/2/1997 DONE GBD 7/97 BATCH Renewal Notice 7/28/1998 7/98 BATCH Renewal Notice 7/21/1999 7/99 BATCH Renewal Notice 7/18/2000 7/00 BATCH rAForms\I nfoSummary.rpt QCL9O*541 • 150 BRIGHTWATER DR • Renewal Notice 7/25/2001 7/01 BATCH Renewal Notice 7/27/2002 FY 02/03 BATCH Issue License - RENEWAL 8/15/2002 DONE BLS 02-03 Renewal Notice 7/11/2003 03/04 Issue License - RENEWAL 8/7/2003 DONE 2003-2004 Renewal Notice 7/26/2004 04/05 Issue License - RENEWAL 8/24/2004 DONE 2004-2005 Renewal Notice 7/22/2005 FY2005-2006 Business Closed 8/19/2005 DONE BJS business sold to rogers beach development (stanley kulach) r:\Forms\l nfoSu mma ry. rpt CITY OF CLEARWATER PLANNING AND DEVELOPMENT SERVICES 'Ilk MUNICIPAL SERVICES BUILDING 100 SOUTH MYRTLE AVE. CLEARWATER, FLORIDA 33756 PHONE (727) 562-4567 FAX (727) 562-4576 CASE SUMMARY OCL9015071 158 BRIGHTWATER DR ISLAND QUEEN MOTEL 14 rental units PEOPLE Role: Business Owner Business Owner Business Owner FEES LICENSE FEE - RENEWAL NOVEMBER DELINQUENT 5 OCTOBER DELINQUENT 10 TRANSFER FEE TRANSFER FEE - NEW JACKIE OLDENSTAM 158 BRIGHTWATER DR CLEARWATER, FL 33767-2401 RICK D ROBERTSON ISLAND QUEEN MOTEL 158 BRIGHT WATER DR CLEARWATER, FL 33767 CMDK CORP ISLAND QUEEN MOTEL 158 BRIGHTWATER DR CLEARWATER, FL 33767 Assessed Amount $428.65 $3.23 $9.78 $4.84 $6.02 $452.52 PHONE: (727) 787-4120 FAX: No Fax PHONE: 727-442-8068 FAX: No Fax PHONE: 800-353-2273 FAX: No Fax Amount Paid Balance Due $383.35 $45.30 $0.97 $2.26 $5.25 $4.53 $4.84 $0.00 $6.02 $0.00 $400.43 $52.09 Total OCCUPATIONAL LICENSE Category 091000 RENTAL UNITS ACTIVITIES Issue License - RENEWAL Issue License - RENEWAL Issue License - RENEWAL 01-02 Issue License - RENEWAL Quantity 14 Date 1 Date 2 Date 3 8/7/1998 Done Disp By DONE DAH 10/5/1999 DONE BLS 11/26/2001 DONE BLS 9/28/2000 DONE Roberta Gluski # Employees 0 r:\Forms\InfoSummary.rpt OC.L9"45071 . 158 BRIGHTWATER DR • Issue License 10/7/1997 DONE TAW Issue License - NEW 7/9/1998 DONE JVS new owners New Owners 7/9/1998 DONE JVS see people Additional Requirements Needed 3/20/2002 DONE SLW NEED COPY OF BILL OF SALE AND ORIGINA L LICENSE IN ORDER TO TRAN SFER BUSINESS (JMP) License Transferred 3/20/2002 DONE SLW Renewal Notice 7/25/1997 7/97 BATCH Renewal Notice 7/28/1998 7/98 BATCH Renewal Notice 7/21/1999 7/99 BATCH Renewal Notice 7/18/2000 7/00 BATCH Renewal Notice 7/25/2001 7/01 BATCH Renewal Notice 7/27/2002 FY 02/03 BATCH Issue License - RENEWAL 8/19/2002 DONE SLW 02-03 Renewal Notice 7/11/2003 03/04 Issue License - RENEWAL 8/13/2003 DONE 2003-2004 Renewal Notice 7/26/2004 04/05 Issue License - RENEWAL 8/18/2004 DONE 2004-2005 Renewal Notice 7/22/2005 FY2005-2006 Second Renewal Notice 10/13/2005 2005-2006 r:\Forms\I nfoSummary. rpt CITY OF CLEARWATER PLANNING AND DEVELOPMENT SERVICES MUNICIPAL SERVICES BUILDING 100 SOUTH MYRTLE AVE. CLEARWATER, FLORIDA 33756 PHONE (727) 562-4567 FAX (727) 562-4576 CASE SUMMARY OCL9008951 162 BRIGHTWATER DR VILLA VIENNA MOTEL INC Owner's ph 446-1133 PEOPLE Role: Business Owner FEES LICENSE FEE - RENEWAL NOVEMBER DELINQUENT 5 OCTOBER DELINQUENT 10 Total OCCUPATIONAL LICENSE Category 091000 RENTAL UNITS ACTIVITIES Issue License - RENEWAL 5 units owner lives in one Issue License - RENEWAL Issue License - RENEWAL 01-02 Issue License - RENEWAL 00/01 Issue License Renewal Notice 7/97 BATCH Renewal Notice 7/98 BATCH Renewal Notice 7/99 BATCH Renewal Notice 7/00 BATCH VILLA VIENNA MOTEL INC PHONE: (727) 446-1133 162 BRIGHTWATER DR FAX: No Fax CLEARWATER, FL 33767-2401 Assessed Amount Amount Paid Balance Due $248.75 $218.75 $30.00 $2.87 $1.37 $1.50 $11.51 $8.51 $3.00 $263.13 $228.63 $34.50 Quantity 5 Date 1 Date 2 Date 3 10/22/1998 # Employees 0 Done Disp By DONE BLS 10/30/1999 9/13/2001 11/7/2000 10/9/1997 7/25/1997 7/28/1998 7/21/1999 7/18/2000 DONE GBD DONE RRP DONE WBS DONE Janet McMahan r:\Forms\InfoSummary. rpt OCL9008951 162 BRIGHTWATER DR Renewal Notice 7/01 BATCH Renewal Notice FY 02/03 BATCH Second Renewal Notice FY2002-2003 Issue License - RENEWAL 2002-2003 Renewal Notice 03/04 Issue License - RENEWAL 03-04 Renewal Notice 04/05 Second Renewal Notice 04/05 Issue License - RENEWAL 2004-2005 Renewal Notice FY2005-2006 Second Renewal Notice 2005-2006 • 7/25/2001 7/27/2002 10/18/2002 10/18/2002 10/18/2002 7/11/2003 10/2/2003 7/26/2004 10/11/2004 10/15/2004 7/22/2005 10/13/2005 0 DONE DONE DONE WBS DONE r:\Forms\InfoSummary.rpt CITY OF CLEARWATER PLANNING AND DEVELOPMENT SERVICES ?MUNICIPAL SERVICES BUILDING 100 SOUTH MYRTLE AVE. CLEARWATER, FLORIDA 33756 PHONE (727) 562-4567 FAX (727) 562-4576 CASE SUMMARY OCL9060041 166 BRIGHTWATER DR MIECZYSLAW CIUS Bus phone: (727) 446-1133 PEOPLE Role: Business Owner NICK LAMPRACOS 166 BRIGHTWATER DR CLEARWATER, FL 33767-2401 PHONE: (727) 446-1133 FAX: No Fax Business Owner FEES LICENSE FEE - RENEWAL NOVEMBER DELINQUENT 5 Non-sufficient Funds OCTOBER DELINQUENT 10 Total OCCUPATIONAL LICENSE Category 091000 RENTAL UNITS MIECZYSLAW CIUS 166 BRIGHTWATER DR CLEARWATER, FL 33767-2401 PHONE: (727) 446-1133 FAX: No Fax Assessed Amount Amount Paid Balance Due $263.76 $233.76 $30.00 $2.94 $1.44 $1.50 $56.63 $56.63 $0.00 $14.14 $11.14 $3.00 $337.47 $302.97 $34.50 Quantity # Employees 4 0 Done ACTIVITIES Date 1 Date 2 Date 3 Disp By Issue License - RENEWAL 4/1/2002 DONE WBS 99-00, 00-01 and 01-02, 4/1/02 unable to confirm is return check was paid, not in paid or unpaid check folder. The second check for 99/00 and 00/01 was not returned, hold removed from accounts, ds Issue License - RENEWAL 10/6/1998 DONE Kathleen Bedini Issue License 10/28/1997 OCL Letter Sent 2/6/2004 Residential Rental Housing Educational Materials, updated 1/04 Inspection 11/1/2001 11/30/200112/7/2001 NSF check - letter sent 11-1-2001. recheck to see if paid. DONE MBW DONE DONE WBS r:\Forms\lnfoSummary.rpt 0CL91060041 • 166 BRIGHTWATER DR Inspection 12/7/2001 3/27/2002 4/1/2002 DONE WBS 10/10/01 Check #128 for 31.63 received (for 01-02 license yr) letter sent requesting payment for 99-00 and 00-01 past due license fees, ck#128 was returned NSF, letter sent by Terri 11/1/01. Check #2544 for 67.38 (past due license fees) was received 11/28/01. At that point I was made aware of the NSF check. There apparently is a change of ownership as the property appraisers office lists the owner as Roman Marszalek and Mieczyslaw Cius (the returned check was written by Maria Cius. Paperwork is in cashier's returned check draw, inspect after time is allowed for the second check to clear to decide on action. ds OCL Letter Sent 10/17/2001 DONE WBS $67.38 balance due by 10/31/01 to avoid $55.00 admin fee, account past due for 99/00 $34.38, and 00/01 $34.38 and over paid 01/02 by $1.38, ds Renewal Notice 7/25/1997 7/97 BATCH Renewal Notice 7/28/1998 7/98 BATCH Renewal Notice 7/21/1999 7/99 BATCH Delinquent Renewal Notice 1/5/2000 4/1/2002 DONE WBS 01 /00-DLQ Renewal Notice 7/18/2000 7/00 BATCH Delinquent Renewal Notice 12/10/2000 4/1/2002 DONE WBS 12/00-DLQ Renewal Notice 7/25/2001 7/01 BATCH Additional Requirements Needed 11/6/2002 DONE SLW $56.63 fee due for returned check #128 issued 10/8/01 by Maria Cius. Hold was removed 4/2/02 as check could not be located, check has since resurfaced with change of ownership application attached and is now in the cashier's return check folder, property/business owner changed from Nick Lampracos to Mieczyslaw Cius,property purchased Jan. 2001, ds Renewal Notice 7/27/2002 FY 02/03 BATCH Second Renewal Notice 10/18/2002 10/18/2002 DONE WBS FY2002-2003 mailed 10/30/02, $89.70 total due (56.63 returned check + 33.07 02/03 fee for NOV) Renewal Notice 7/11/2003 03/04 Issue License - RENEWAL 10/3/2003 DONE 03-04 Renewal Notice 7/26/2004 04/05 Second Renewal Notice 10/11/2004 04/05 Issue License - RENEWAL 10/15/2004 DONE 2004-2005 Renewal Notice 7/22/2005 FY2005-2006 Second Renewal Notice 10/13/2005 2005-2006 WBS r:\Forms\lnfoSummary.rpt Pir, Alas County Property App er Information: 08 29 15 04932 000 0 0 Page 2 of 5 .. 08 / 29 / 15 / 04932 / 000 / 0450 07-Nov-2005 Jim Smith, CFA Pinellas County Property Appraiser 08:11:43 Ownership Information Non-Residential Property Address, Use, and Sales CINNAMON BAY OF CLEARWATER LLC OBK: 14355 OPG: 1422 200 BRIGHTWATER DR # 2 CLEARWATER FL 33767-2452 EVAC: A EUAC Comparable sales value as Prop Addr: 150 BRI GHTWATER OR of Jan 1, 2005, based on Census Tract: 260.02 l f 2003 - 2004 sa es rom : 0 Sale Date OR Book/Page Price (Qual/UnQ) Vac/Imp Plat Information 6 /2,005 14,35511,422 3,000,000 (Q) I 1951: Book 027 Pgs 032-033 8 /1,993 8,36412,010 1,150,110 (M) I 0000: Book Pgs - 12/1,989 7,1741 62 900,000 (M) I 0000: Book Pgs - 12/1,988 6,8991 467 632,500 (M) I 2005 Value EXEMPTIONS Just/Market: 1,487,000 Homestead: NO Ownership % .000 Govt Exem: NO Use %: .000 Assessed/Cap: 1,487,000 Institutional Exem: NO Tax Exempt: .000 Historic Exem: 0 Taxable: 1,487,000 Agricultural: 0 2004 Tax Information District: Cu Seawall: Frontage: Bay Clearwater View: 05 Millage: 23.2372 Land Size Unit Land Land Land Front x Depth Price Units Meth 05 Taxes: 34,553.72 1) 120 x 120 120.00 14, 409.00 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, 2005 taxes will be 5) 0 x 0 .00 .00 34, 553.72 6) 0 x 0 00 00 Without any exemptions, 2005 taxes will be ; 34, 553.72 Short Legal BAYSIDE SUB NO. 2 LOTS 45 AND 46 Description 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... 11/7/2005 k- Pir. ,Ilas County Property App*r Information: 08 29 15 04932 000 0* Page 3 of 5 Pro.perty_and L_and.._Use._Code.._description_s 08 / 29 / 15 / 04932 000 / 0450 :01 07-Nov-2005 Jim Smith, CFA Pinellas County Property Appraiser 08:11:44 Commercial Card 01 of 1 Improvement Type: Motel/Hotel C 4 St Property Address: 150 BRIGHTWATER OR Prop Use: 313 Land Use: 39 S?ructural E1em?n?s Foundation Spread/Mono Footing Floor System Slab on Grade Exterior Wall Cone Block/Stucco Height Factor 0 Party Wall None Structural Frame Masonry Pillar&Steel Roof Frame Flat Roof Cover Built Up/Composition Cabinet & Mill Average Floor Finish Carpet Combination Interior Finish Plaster Furred Total Units 19 Heating & Air Heating&Cooling Pckg Fixtures 57 Bath Tile Floor and Wall Electric Average Shape Factor Rectangle Quality Average Year Built 1,954 Effective Age 25 Other Depreciation 0 Function Depreciation 0 Economic Depreciation 0 Sub ArE3as Description Factor Area Description Factor Area 1) Base Area 1. 00 5, 664 7) . 00 0 2) Utility .55 122 8) 00 0 3) Open Porch 30 1,992 9) .00 0 4) Upper Stry Base Area 90 2,530 10) 00 0 5) 00 0 11) . 00 0 6) .00 0 12) 00 0 Commsrccial Extra Features Description Dimensions Price 1) ASPHALT 2600 1.50 2) PATIO/DECK 800 8.50 3) POOL 964SF 25,000.00 4) DOCK 468 20.00 5) .00 6) .00 Units Value RCD Year 2,600 3,900 3,900 1,975 800 6,800 2,720 1,975 1 25,000 10,000 1,975 468 0 9,080 2,004 0 0 0 0 0 0 0 0 TOTAL RECORD VALUE: 25,700 Map With Property Address (non-vacant) F*_1 [;:?] T 1_+1 R M 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... 11/7/2005 Pi llas County Property Apper Information: 08 29 15 04932 000 0 Page 4 of 5 I- a 6 1 44- 1149 45* _ -I F- 1 _ ?fS JrJ9 81 1/8 Mile Aerial Photograph (2002) F-- - -7 4r-1 i? 43454 1 ? I- - http://pao.co.pinellas.fl.uslhtbinlcgi-scr3?o=1 &a=1 &b=1 &c=1 &r=.16&s=4&t3=1 &u=0&p... 11/7/2005 ITWAVt DRIVE 1493 80 L- _l !y PirZllas County Property Apper Information: 08 29 15 04932 000 0? r? Pinellas County Property Appraise Parcel Information Back- to..,Search ...._Page . An explanation of this screen Page 5 of 5 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... 11/7/2005 ? Pi ellas County Property Appr ' r Information: 08 29 15 04932 000 0* Page 2 of 6 08 / 29 / 15 / 04932 / 000 / 0430 07-Nov-2005 Jim Smith, CFA Pinellas County Property Appraiser 08:12:15 Ownership Information Non-Residential Property Address, Use, and Sales CINNAMON BAY OF CLEARWATER LLC OBK: 14503 OPG: 1190 200 BRIGHTWATER DR # 2 CLEARWATER FL 33767 EVAC; A EVAC Comparable sales value as Prop Addr; 158 BRI GHTWATER DR of Jan 1, 2005, based on Census Tract: 260.02 2004 l f 2003 : sa es rom - 0 Sale Date OR Book/Page Price (Qual/UnQ) V ac/Imp Plat Information 8 /2,005 14,503/1,190 3,000,000 (Q) I 1951: Book 027 Pgs 032-033 2 /2,002 11,82312,438 1,140,000 (Q) I 0000: Book Pgs - 7 /1,998 10,156/1,452 1,005,000 (Q) I 0000: Book Pgs - 8 /1,993 8,36211,409 1,000,000 (Q) I 2005 Value EXEMPTIONS Just/Market: 1,487,000 Homestead: YES Ownership % 1.000 SAVE-OUR-HOMES CAP Govt Exem: NO Use %: 160 Assessed/Cap: 1,430,700 Institutional Exem: NO Tax Exempt %: 000 Historic Exem: 0 Taxable: 1,405,700 Agricultural: 0 2004 Tax Information District: CW Seawall: Frontage: Bay Clearwater View: 05 Millage: 23.2372 Land Size Unit Land Land Land Front x Depth Price Units Meth 05 Taxes: 32,664.53 1) 120 x 120 120.00 14,409.00 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, 2005 taxes will be 5) 0 x 0 .00 .00 33, 972.79 6) 0 x 0 00 . 00 Without any exemptions, 2005 taxes will be 34,553.72 Short Legal BAYSIDE SUB NO. 2 LOTS 43 A ND 44 Description Building Information http://pao.co.pinellas.fl.us/htbin/cgi-click?o=1 &a=1 &b=1 &c=1 &r=.16&s=4&t3=1 &u=0&... 11/7/2005 Pinellas County Property App0r Information: 08 29 15 04932 000 0* Page 3 of 6 • Building 1. . Ba'ldin?.2. Building #1 08 / 29 / 15 / 04932 / 000 / 0430 :01 07-Nov-2005 Jim Smith, CFA Pinellas County Property Appraiser 08:12:14 Commercial Card 01 of 2 Improvement Type: Motel/Hotel t 4 St Property Address: 158 BRIGHTWATER DR Prop Use: 313 Land Use: 39 Structural E1(--m(-- nts Foundation Spread/Mono Footing Floor System Slab on Grade Exterior Wall Conc Block/Stucco Height Factor 0 Party Wall None Structural Frame Masonry Pillar&Steel Roof Frame Flat Roof Cover Built Up/Composition Cabinet & Mill Average Floor Finish Carpet Combination Interior Finish Drywall Total Units 1 Heating & Air Heating&Cooling Pckg Fixtures 3 Bath Tile Floor and Wall Electric Average Shape Factor L Design Quality Average Year Built 1,955 Effective Age 20 Other Depreciation 0 Function Depreciation 0 Economic Depreciation 0 Sub ArE3as Description Factor Area Description Factor Area 1) Base Area 1.00 1,198 7) 00 0 2) Open Porch 30 210 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 Cc)rrmi(E:rC1.-i1 Extra F?aturss Description Dimensions Price Units Value RCD Year 1) ASPHALT 13X200 1.50 21600 3,900 31900 11975 2) DOCK 256 20.00 256 5,120 2,770 1,975 3) PATIO/DECK 540SF 3.00 540 1,620 880 1,975 4) POOL 576 25,000.00 1 25,000 11,000 1,975 5) SHUFBOCT 312SF 11000.00 1 11000 1,000 1,975 6) 00 0 0 0 0 TOTAL RECORD VALUE: 19,550 Building #2 http://pao.co.pinellas.fl.uslhtbinlegi-click?o=1 &a=1 &b=1 &c=1 &r=.16&s=4&t3=1 &u=0&... 11/7/2005 Pinellas County Property App0r Information: 08 29 15 04932 000 0* Page 4 of 6 08 / 29 / 15 / 04932 / 000 / 0430 :02 07-Nov-2005 Jim Smith, CFA Pinellas County Property Appraiser 08:12:15 Commercial Card 02 of 2 Improvement Type: Motel/Hotel C 4 St Property Address: 158 BRIGHTWATER DR Prop Use: 313 Land Use: 39 Structural E1?m?nts Foundation Spread/Mono Footing Floor System Slab on Grade Exterior Wall Conc Block/Stucco Height Factor 0 Party Wall None Structural Frame Masonry Pillar&Steel Roof Frame Flat Roof Cover Built Up/Composition Cabinet & Mill Average Floor Finish Carpet Combination Interior Finish Drywall Total Units 14 Heating & Air Heating&Cooling Pckg Fixtures 42 Bath Tile Floor and Wall Electric Average Shape Factor L Design Quality Average Year Built 1,955 Effective Age 20 Other Depreciation 0 Function Depreciation 0 Economic Depreciation 0 Sub Ar 8 a s Description Factor Area Description Factor Area 1) Base Area 1. 00 3, 094 7) 00 0 2) Open Porch 30 1,190 8) 00 0 3) Upper Stry Base Area 90 3,094 9) 00 0 4) 00 0 10) 00 0 5) 00 0 11) 00 0 6) 00 0 12) 00 0 Commercial Extra Fcatures Description Dimensions Price Units Value RCD Year 1) .00 0 0 0 0 2) 00 0 0 0 0 3) 00 0 0 0 0 4) .00 0 0 0 0 5) .00 0 0 0 0 6) .00 0 0 0 0 TOTAL RECORD VALUE: 0 Map With Property Address (non-vacant) F*_1 R F-C ® R F-1 http://pao.co.pinellas.fl.uslhtbinlcgi-click?o=1 &a=1 &b=1 &c=1 &r=.16&s=4&t3=1 &u=0&... 11/7/2005 Pinellas County Property App r Information: 08 29 15 04932 000 0A-I-L) 14, 0 _ -I A Page 5 of 6 R19 T )&A I .36398 L=' L_? U L T_ 14, 54 l - 94063+ 1/8 Mile Aerial Photograph (2002) http://pao.co.pinellas.fl.us/htbin/cgi-click?o=1 &a=l &b=1 &c=l &r=.16&s=4&t3=1 &u=0&... 11/7/2005 ?? PJ?iellas County Property App er Information: 08 29 15 04932 000 0A?') Pinellas County Property Appraiser Parcel Information Page 6 of 6 http://pao.co.pinellas.fl.us/htbin/cgi-click?o=1 &a=1 &b=1 &c=1 &r=.16&s=4&t3=1 &u=0&... 11/7/2005 14nellas County Property Appr r Information: 08 29 15 04932 000 04 Page 2 of 5 08 / 29 / 15 / 04932 / 000 / 0420 07-Nov-2005 Jim Smith, CFA Pinellas County Property Appraiser 08:12:38 Ownership Information Non-Residential Property Address, Use, and Sales CINNAMON BAY OF CLEARWATER LLC OBK: 14343 OPG: 1338 200 BRIGHTWATER DR # 2 CLEARWATER FL 33767-2452 EVAC: A EUAC Comparable sales value as Prop Addr: 162 BRIGHTWATER DR of Jan 1, 2005, based on Census Tract: 260.02 2004 ; sales from 2003 - 0 Sale Date OR Book/Page Price (Qual/UnQ) V ac/Imp Plat Information 5 /2,005 14,343/1,338 1,550,000 (Q) I 1951: Book 027 Pgs 032-033 8 /1,990 7,365/ 98 284,000 (Q) I 0000: Book Pgs - 3 /1,988 6,701/1,664 250,000 (0) I 0000; Book Pgs - 0 /1,979 4,841/ 393 152,000 (Q) I 2005 Value EXEMPTIONS Just/Market: 734,400 Homestead: YES Ownership % 1.000 SAVE-OUR-HOMES CAP Govt Exem: NO Use %: .300 Assessed/Cap: 596,600 Institutional Exem; NO Tax Exempt %: 000 Historic Exem; 0 Taxable: 571,600 Agricultural: 0 2004 Tax Information District: CW Seawall: Frontage; Clearwater View: 05 Millage; 23.2372 Land Size Unit Land Land Land Front x Depth Price Units Meth 05 Taxes; 13,282.38 1) 60 x 120 120.00 7,200.00 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, 2005 taxes will be 5) 0 x 0 .00 .00 16,484.47 6) 0 x 0 . 00 .00 Without any exemptions, 2005 taxes will be 17,065.40 Short Legal BAYSIDE SUB NO. 2 LOT 42 Description Building Information http://pao.co.pinellas.fl.uslhtbinlcgi-click?o=1 &a=1 &b=1 &c=1 &r=.16&s=4&t3=1 &u=0&... 11/7/2005 ;knellas County Property App er Information: 08 29 15 04932 000 0 Page 3 of 5 08 / 29 / 15 / 04932 / 000 / 0420 :01 07-Nov-2005 Jim Smith, CFA Pinellas County Property Appraiser 08:12:39 Commercial Card 01 of 1 Improvement Type: Motel/Hotel t 4 St Property Address: 162 BRIGHTWATER DR Prop Use: 313 Land Use: 39 Structural E1Em4B nts Foundation Continuous Footing Floor System Slab on Grade Exterior Wall Conc Block/Stucco Height Factor 0 Party Wall None Structural Frame None Roof Frame Gable & Hip Roof Cover ctl/gd mtl Cabinet & Mill Average Floor Finish Carpet Combination Interior Finish Plaster Furred Total Units 0 Heating & Air Heating&Cooling Pckg Fixtures 20 Bath Tile Wall Only Electric Average Shape Factor Rectangle Quality Average Year Built 1,956 Effective Age 25 Other Depreciation 0 Function Depreciation 0 Economic Depreciation 0 Sub Aromai=- Description Factor Area Description Factor Area 1) Base Area 1. 00 2,907 7) . 00 0 2) Open Porch 30 481 8) 00 0 3) Open Porch .20 200 9) .00 0 4) Upper Stry Base Area .90 1,964 10) .00 0 F) 00 0 11) . 00 0 6) 00 0 12) 00 0 C omens r c i a i E x t r a F? at ur s s Description Dimensions Price Units Value RCD Year 1) ASPHALT iZOOS F 1.50 1,200 1,800 1,800 1,992 2) CONC PAVE 432SF 3.00 432 1,300 1,300 1,992 3) DOCK 225SF 15.00 225 3,380 1,350 1,975 4) POOL 308SF 12,500.00 1 12,500 7,750 1,992 5) 00 0 0 0 0 6) 00 0 0 0 0 TOTAL RECORD VALUE; 12,200 Map With Property Address (non-vacant) Fil T Fq M http://pao.co.pinellas.fl.uslhtbinlcgi-click?o=1 &a=1 &b=1 &c=1 &r=.16&s=4&t3=1 &u=0&... 11/7/2005 ,. =iinellas County Property App*r Information: 08 29 15 04932 000 06 I4 IN IR q Rkf iR C9 Q 1/8 Mile Aerial Photograph (2002) I ") Ll U , Page 4 of 5 http://pao.co.pinellas.fl.us/htbin/cgi-click?o=1 &a=l &b=1 &c=1 &r=.16&s=4&t3=1 &u=0&... 11/7/2005 Pinellas County Property App*r Information: 08 29 15 04932 000 0 Page 5 of 5 http://pao.co.pinellas.R.us/htbin/cgi-click?o=1 &a=1 &b=1 &c=1 &r=.16&s=4&t3=1 &u=0&... 11/7/2005 T'?i'nellas County Property Appr r Information: 08 29 15 04932 000 04„O Page 2 of 5 03 / 29 / 15 / 04932 / 000 / 0410 07-Nov-2005 Jim Smith, CFA Pinellas County Property Appraiser 08:12:59 Ownership Information Residential Property Address, Use, and Sales CINNAMON BAY OF CLEARWATER LLC OBK: 14343 OPG: 1337 200 BRIGHTWATER DR # 2 CLEARWATER FL 33767-2452 EVAC: A EUAC Comparable sales value as Prop Addr; 166 BRI GHTWATER DR of Jan 1, 2005, based on Census Tract: 260.02 2004 : sales from 2003 - 784,000 Sale Date OR Book/Page Price (Qual/UnQ) Vac/Imp Plat Information 5 /2,005 14,343/1,337 1,550,000 (Q) I 1951: Book 027 Pgs 032-033 1 /2,001 11,20011,852 310,000 (U) I 0000: Book Pgs - 3 /1,991 7,508/1,478 270,000 (Q) I 0000: Book Pgs - 5 /1,986 6,217/2,114 212,500 (Q) I 2005 Value EXEMPTIONS Just/Market: 635,500 Homestead: NO Ownership 000 Govt Exem: NO Use %: .000 Assessed/Cap: 635,500 Institutional Exem: NO Tax Exempt: 000 Historic Exem: 0 Taxable: 635,500 Agricultural: 0 2004 Tax Information District: CW Seawall: YES Frontage: Bay Clearwater view: 05 Millage: 23.2372 Land Size Unit Land Land Land Front x Depth Price Units Meth 05 Taxes: 14,767.24 1) 58 x 120 9,000.00 58.36 F 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, 2005 taxes will be 5) 0 x 0 .00 .00 14, 767. 24 6) 0 x 0 00 00 Without any exemptions, 2005 taxes will be 14j767.24 Short Legal BAYSIDE SUB NO. 2 LOT 41 Description Building Information http://pao.co.pinellas.fl.uslhtbinlcgi-click?o=1 &a=1 &b=1 &c=1 &r=.16&s=4&t3=1 &u=0&... 11/7/2005 Pinellas County Property Appr r Information: 08 29 15 04932 000 04w Page 3 of 5 08 / 29 / 15 / 04932 / 000 / 0410 :01 07-Nov-2005 Jim Smith, CFA Pinellas County Property Appraiser 08:13:00 Residential Card 01 of i Prop Use: 220 Land Use: 08 Living Units: 4 Imp Type: Duplex/Triplex Prop Address: 166 BRIGHTWATER DR S-truc-tural E1?m?nts Foundation Continuous Wall Floor System Slab on Grade Exterior Wall ConcBk Stucco/Reclad Roof Frame Flat-Shed Roof Cover B U Tar&Gravel/Othr # Stories 2.0 Floor Finish Crpt/HdTI/HdHar/Prgt Interior Finish Drywall/Plaster Quality Average Year Built 1,954 Effective Age 25 Heating Central Duct Cooling Cooling (Central) Fixtures 12 Other Depreciation 0 Functional Depreciation 0 Econonomic Depreciation 0 Sub Aromas Description Factor Area Description Factor Area 1) Base Area 1. 00 1,248 7) . 00 0 2) Upper Stry Base Area .90 1,248 8) .00 0 3) Open Porch .30 470 9) 00 0 4) Utility .40 80 10) 00 0 5) .00 0 11) .00 0 6) .00 0 12) 00 0 R?siden-tial EXTra Foa-tures Description Dimensions Price Units Value RCD Year 1) DOCK 256SF 20.00 256 51120 2,050 1,974 2) ASPHALT 2000SF .00 2,000 0 0 1,991 3) PATIO/DECK 256SF 3.00 256 770 460 1,991 4) PATIO/DECK 240SF 3.00 240 720 430 1,991 5) PATIO/DECK 320SF 3.00 320 960 580 1,991 6) SHED 6X7 .00 42 0 0 1,991 TOTAL RECORD VALUE: 3,520 Map With Property Address (non-vacant) 14W] F;10 Rfl T pq Fq http://pao.co.pinellas.fl.uslhtbinlcgi-click?o=1 &a=1 &b=1 &c=1 &r=.16&s=4&t3=1 &u=0&... 11/7/2005 ;inellas County Property App r Information: 08 29 15 04932 000 0 T ?) r ray f;, <; r ,Ir ti,j r0 Page 4 of 5 14345 4=+ 1/8 Mile Aerial Photograph (2002) . ,?l U b J http://pao.co.pinellas.fl.us/htbin/cgi-click?o=1 &a=1 &b=1 &c=l &r=.16&s=4&t3=1 &u=0&... 11/7/2005 P?;i.nellas County Property App0r Information: 08 29 15 04932 000 04 Page 5 of 5 z? http://pao.co.pinellas.fl.us/htbin/egi-click?o=1 &a=1 &b=1 &c=1 &r=.16&s=4&t3=1 &u=0&... 11/7/2005 0 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, February 21, 2006, beginning at 1:00 p.m., in the City Council Chambers, in City Hall, 3rd floor, 112 South Osceola Ave, Clearwater, Florida, to consider the following requests: NOTE: All persons wishing to address an item need to be present at the BEGINNING of the meeting, Those cases that are not contested by the applicant, staff, neip-hboring property owners, etc. will be placed on a consent agenda and approved by a single vote at the beginning of the meeting, Cinnamon Bay of Clearwater, LLC is requesting (1) Flexible Development approval to permit 32 attached dwellings in the Tourist District with reductions to the front (south) setback from 15 ft to 11.7 ft (to building) and from 15 ft to zero ft (to trash staging area), a reduction to the side (east) setback from 10 ft to 8.6 ft (to pavement), a reduction to the side (west) setback from 10 ft to 7.8 ft (to pavement), reductions to the rear (north) setback from 20 ft to 19.4 ft (to building) and from 20 ft to zero ft (to pool deck and boardwalk) and an increase to building ht from 35 ft 46.33 ft (to roof deck) with an additional 10.67 ft for parapets (from roof deck) and an additional 16 ft for an open rooftop pavilion (from roof deck), as a Comprehensive Infill Redevelopment Project, under the provisions of Sec 2-803.C; and (2) Transfer of Development Rights for 3 units from 409 East Shore Dr, under the provisions of Sec 4-1403 (TDR2005-11029). [Proposed Use: Attached dwellings (32 condominiums)] at 150, 158, 162, & 166 Brightwater Dr, Bayside Sub No. 2, Lots 41-46. Assigned Planner: Wayne M. Wells, AICP, Planner III. FLD2005- 11109/TDR2005-11029 Interested parties may appear and be heard at the hearing or file written notice of approval or objection with the Planning Director or City Clerk prior to the hearing. Any person who decides to appeal any decision made by the Board or Council, with respect to any matter considered at such hearings, will need to request a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based per Florida Statute 286.0105. Community Development Code Sec 4-206 states that party status shall be granted by the Board in quasi-judicial cases if the person requesting such status demonstrates that s/he is substantially affected. Party status entitles parties to personally testify, present evidence, argument and witnesses, cross-examine witnesses, appeal the decision and speak on reconsideration requests, and needs to be requested and obtained during the case discussion before the CDB. An oath will be administered swearing in all persons giving testimony in quasi-judicial public hearing cases. If you wish to speak at the meeting, please wait to be recognized, then state and spell your name and provide your address. Persons without party status speaking before the CDB shall be limited to three minutes unless an individual is representing a group in which case the Chairperson may authorize a reasonable amount of time up to 10 minutes. Five days prior to the meeting, staff reports and recommendations on the above requests will be available for review by interested parties between the hours of 8:30 a.m. and 4:30 p.m., weekdays, at the City of Clearwater, Planning Department, 100 S. Myrtle Ave., Clearwater, FL 33756. Please contact the case presenter, at 562-4567 to discuss any questions or concerns about the project and/or to better understand the proposal and review the site plan. I Michael Delk Cynthia E. Goudeau, CMC Planning Director City Clerk City of Clearwater P.O. Box 4748, Clearwater, FL 33758-4748 NOTE: Applicant or representative must be present at the hearing. YOU ARE BEING SENT THIS NOTICE IF YOU ARE THE APPLICANT OR OWN PROPERTY WITHIN 200 FT OF THE SUBJECT PROPERTY. A COPY OF THIS AD IN LARGE PRINT IS AVAILABLE IN OFFICIAL RECORDS AND LEGISLATIVE SERVICES. ANY PERSON WITH A DISABILITY REOUIRING REASONABLE ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS MEETING SHOULD CALL (727) 562-4093 WITH THEIR REQUEST. Ad: 02/06/06 FLD2005-1 1 109 = 60 BAKER, GARY H BAKER, KAREN L 178 BAYSIDE DR CLEARWATER FL 33767 - 2501 BAUSTERT, DELBERT V BAUSTERT, MARY LOU PO BOX 3128 CLEARWATER FL 33767 - 8128 BRIGHTWATER ON THE BAY INC 175 BRIGHTWATER DR CLEARWATER FL 33767 - 2411 CAGLE, JOHN D CAGLE, JEANNINE D 174 BAYSIDE DR CLEARWATER FL 33767 - 2501 CAVANAUGH, MICHAEL C ON611 GARY AVE WINFIELD IL 60190 - Clearwater Beach Association Jay Keyes 100 Devon Drive Clearwater, FL 33767 CONTI, CAMILLO CONTI, LIVIA 136 BAYSIDE DR CLEARWATER FL 33767 - 2501 E M S REAL ESTATE INC 28059 US HIGHWAY 19 N # 101 CLEARWATER FL 33761 - 2620 GIOTAKIS, CHRIS B 141 DEVON DR CLEARWATER FL 33767 - 2439 BARROWS, SCOTT O BARROWS, JUDY L 130 BAYSIDE DR CLEARWATER FL 33767 - 2501 BELLE AQUA VILLAS LLC PO BOX 4189 CLEARWATER FL 33758 - 4189 BRIGHTWATER TOWNHOMES HOMEOWNE 200-208 BRIGHTWATER DR CLEARWATER FL 33767 - 2452 CAPPELLO, LISA A CAPPELLO, JOSEPH A 146 BAYSIDE DR CLEARWATER FL 33767 - 2501 CIEZCZAK, CHESTER CIEZCZAK, MARIA 320 ISLAND WAY # 201 CLEARWATER FL 33767 - 2180 Clearwater Neighborhoods Coalition Sondra Kerr, President P.O. Box 8204 Clearwater, FL 33758 CUNNINGHAM, ANDREW G STANTON, THOMAS G 130 BRIGHTWATER DR # 6 CLEARWATER FL 33767 - 2401 FLINT IMP FUND THE 184 BRIGHTWATER DR CLEARWATER FL 33767 - 2410 GOOSEN, EDWIN P GOOSEN, ODESSA L 130 BRIGHTWATER DR # 4 CLEARWATER FL 33767 - 2401 • ? r BASKIN, H H EST OWENS, W D EST 516 N FT HARRISON AVE CLEARWATER FL 33755 - 3905 BRENNAN, KEVIN P 130 BRIGHTWATER DR CLEARWATER FL 33767 - C&M27COLLC 222 DUNBAR CT OLDSMAR FL 34677 - 2956 CAVANAUGH, MICHAEL C 300 S SCHMALE CAROL STREAM IL 60188 - 2702 CINNAMON BAY OF CLEARWATER LLC 200 BRIGHTWATER DR # 2 CLEARWATER FL 33767 - 2452 CLEARWATER TOWNHOMES INC 7087 GRAND NATIONAL DR # 100 ORLANDO FL 32819 - 8316 DIFERDINANDO, RITA H 9220 RUMSEY RD # 101 COLUMBIA MD 21045 - 1956 FLAMINGO BAY CLEARWATER LLC 200 BRIGHTWATER DR # 2 CLEARWATER FL 33767 - 2452 GREENBERG, AARON 142 BAYSIDE DR CLEARWATER FL 33767 - 2501 HARMONY WATERS LLC HORTZ, ERICH W Housh Ghovaee 2247 OVERBROOK AVE 162 BAYSIDE DR Northside Engineering Services, Inc. BELLEAIR BLUFFS FL 33770 - 2077 CLEARWATER BEACH FL 33767 - 601 Cleveland Street, Suite 930 2501 Clearwater, FL 33755 • IRVINE, SANDRA M KOEGLER, JEAN A 140 BRIGHTWATER DR # 3 135 BRIGHTWATER DR # 4 CLEARWATER FL 33767 - 2401 CLEARWATER FL 33767 - 2402 LABELLA VISTA OF CLEARWATER LL LAFFERTY, ROBERT W 200 BRIGHTWATER DR # 2 MC CLURE, MADGE M CLEARWATER FL 33767 - 2452 200 BRIGHTWATER DR # 1 CLEARWATER FL 33767 - 2452 LENART, DIANE THE 8556 W WINNEMAC AVE CHICAGO IL 60656 - 2925 MARKS, IRWIN J MARKS, DAWN D 115 BRIGHTWATER DR CLEARWATER FL 33767 - 2402 MARTINOS, GEORGIOS D MARTINOS, DOROTHY PO BOX 5940 MILLER PLACE NY 11764 - 1225 PARADISE COVE TOWNHOMES HOMEOW 9100 BAY HILL BLVD ORLANDO FL 32819 - 4883 SCARLET DOT COM LLC 200 BRIGHTWATER DR # 2 CLEARWATER FL 33767 - 2452 SPRING TIDE INVESTMENTS VI LLC 622 BYPASS DR CLEARWATER FL 33764 - 5002 TALLARIDA, STENIO TALLARIDA, DENISE 165 DEVON DR CLEARWATER FL 33767 LENEART, RENEE THE 8556 W WINNEMAC AVE CHICAGO IL 60656 - 2925 MARSZALEK, ROMAN MARSZALEK,HENRYKA 1313 W FRANCES PARK RIDGE IL 60068 - 5007 PALMTOPPER CONDO ASSN INC 110 BRIGHTWATER DR # 4 CLEARWATER FL 33767 - 2401 QUALLICH, JASON G QUALLICH, MONOLOM P 182 BAYSIDE DR CLEARWATER FL 33767 - 2501 SHERMAN, RICHARD SHERMAN, JUDY PO BOX 2424 HEATH OH 43056 - 0424 STANTON, BRIAN J STANTON, DORIS 130 BRIGHTWATER DR # 5 CLEARWATER FL 33767 - 2401 THOMAS, BRIAN THOMAS, NADINE 160 BAYSIDE DR -2439 CLEARWATER FL 33767 - 2501 0 KRECOM CORP 714 SANDY POINT LN ROUND LAKE PARK IL 60073 - 2787 LENART, DIANE THE 8542 1/2 LAWRENCE CHICAGO IL 60706 - 2956 LIN, LANG 140 BRIGHTWATER DR # 1 CLEARWATER FL 33767 - 2401 MARTIN, JAMES A JR 145 DEVON DR CLEARWATER FL 33767 - 2439 PARADISE COVE CLEARWATER INC 9100 BAY HILL BLVD ORLANDO FL 32819 - 4883 ROSE ESTATE HOLDINGS LLC PO BOX 20047 ST PETERSBURG FL 33742 - 0047 SMITH, KEVIN SMITH, CHRISTINE 170 BAYSIDE DR CLEARWATER FL 33767 - 2501 STEEVES, MICHAEL B 173 DEVON DR CLEARWATER FL 33767 - 2439 TRACEY, ISABELLA S 135 DEVON DR CLEARWATER FL 33767 - 2439 TWIN PALMS CLEARWATER LLC VAN ZANTEN, KOENRAAD VILLA DEL SOL OF CLEARWATER BE 200 BRIGHTWATER DR # 2 VAN ZANTEN, RENEE D 163 BAYSIDE DR CLEARWATER FL 33767 - 2452 157 DEVON DR CLEARWATER FL 33767 - 2502 CLEARWATER FL 33767 - 2439 VILLA DEL SOL OF CLEARWATER BE WAZIO, EUGENIUSZ F HOMEOWNERS ASSN INC WAZIO, IRENA 163 BAYSIDE DR 110 BRIGHTWATER DR # 4 CLEARWATER FL 33767 - 2502 CLEARWATER FL 33767 - 2401 ZURAWSKI, BOGDAN ZURAWSKI, ANNA 139 BRIGHTWATER DR CLEARWATER FL 33767 - 2402 WILLIAMS, EUGENE C WILLIAMS, LYNNE M 130 BRIGHTWATER DR # 8 CLEARWATER FL 33767 - 2401 r CDB Meeting Date: Case Numbers: Agenda Item: Owner/Applicant: Representative: Address: December 20, 2005 FLD2005-09101 /TDR2005-09027 F5 Flamingo Bay of Clearwater, LLC Mr. Housh Ghovaee, Northside En ineering Services, Inc. 170, 174,180, 184 and 188 Brightwater Drive CITY OF CLEARWATER PLANNING DEPARTMENT STAFF REPORT GENERAL INFORMATION: REQUEST: (1) Flexible Development approval to permit 27 attached dwellings in the Tourist District with a reduction to the front (south) setback from 15 feet to zero feet (to trash staging area), reductions to the rear (north) setback from 20 feet to 18 feet (to building) and from 20 feet to zero feet (to pool deck and boardwalk), an increase to building height from 35 feet to 45.67 feet (to roof deck) with an additional 5.5 feet for parapets (from roof deck) and an additional 16 feet for a rooftop pavilion (from roof deck), as part of a Comprehensive Infill Redevelopment Project, under the provisions of Section 2-803.C (retaining five existing boat docks for sole use by the property owners); and (2) the Transfer of Development Rights for two units from 28 Idlewild Street and two units from 321 Coronado Drive, under the provisions of Section 4-1403 (TDR2005-09027). EXISTING ZONING/ Tourist (T) District; Resort Facilities High (RFH) Category LAND USE: PROPERTY SIZE: 0.781 acres; 34,027 square feet PROPERTY USE: Current Use: Attached dwellings (27 apartments) Proposed Use: Attached dwellings (27 condominiums) ADJACENT ZONING/ North: Preservation District; Water LAND USES: East: Tourist District; Vacant (attached dwellings approved, but yet constructed) South: Tourist District; Attached dwellings and overnight accommodations West: Tourist District; Overnight accommodations Staff Report - Community Development Board- December 20, 2005 Cases FLD2005-09 10 1 /TDR2005-09027 - Page 1 of 10 CHARACTER OF THE . IMMEDIATE VICINITY: The surrounding area is developed with attached dwellings and overnight accommodation uses. With the redevelopment of properties along Brightwater Drive, overnight accommodation uses are being replaced with attached dwelling projects, either in the form of townhomes or condominium-flat projects. ANALYSIS: Site Location and Existing Conditions: The 0.781 acres is located on the north side of Brightwater Drive, approximately 1,200 feet east of Hamden Drive. The site has 267 feet of frontage on Brightwater Drive and is currently developed with a total of 27 attached dwellings (apartments). It is located along a highly developed area within Clearwater Beach and has frontage along Clearwater Bay. The site is located within the Small Motel District of Beach By Design, which provides for the redevelopment of Brightwater Drive with townhomes and timeshares between two and four stories above parking. The property to the south across Brightwater Drive is presently developed with overnight accommodation uses on the east side, and is otherwise presently developed with, or being developed with, attached dwellings (condominiums and townhomes respectively). The property to the east is presently vacant, but was approved by the Community Development Board (CDB) on June 15, 2004 (FLD2003-12069/TDR2003-12005, 190 Brightwater Drive) to be redeveloped with 10 attached dwellings in a four-story building over ground-level parking. The property to the west is presently developed with overnight accommodation uses, but a request has been filed to redevelop that property with attached dwellings (condominiums), also in a four-story building over ground-level parking. Proposal: The proposal includes constructing a 27-unit, four-story (over ground-level parking) residential condominium building. A total of 23 dwelling units are permitted for the subject property, based on the maximum of 30 units per acre. The applicant is proposing the utilization of four dwelling units through the Transfer of Development Rights from 28 Idlewild Street (two units) and 321 Coronado Drive (two units) (which is the maximum of 20 percent of the maximum number of dwelling units allowed by Section 4-1402 of the Code). The first two levels will contain seven units on each floor. The third level will have six units, while the fourth level will have five units. The building is designed with townhome-style units on both the east and west ends of the building. The units on the first two levels will be approximately 1,881 square feet each, the units on the third level will be approximately 2,219 square feet each and the fourth level will be approximately 2,500 - 3,000 square feet each. The townhome-style units will be approximately 2,500 square feet each. Section C.2 of the Design Guidelines of Beach by Design requires no plane of a building to continue uninterrupted for greater than 100 feet without an offset of greater than five feet. During the review of this project, the Planning Department identified noncompliance with this requirement for the rear of the building. The proposed building plans submitted for review by the CDB include the applicant's attempt to address the requirement with two five-foot wide by five- Staff Report - Community Development Board- December 20, 2005 Cases FLD2005-09101/TDR2005-09027 -Page 2 of 10 foot deep cutouts on the rear of the building. This proposal does not meet the intent of the Design Guideline provision to avoid the appearance of a linear rear plane of the building. Prior to the issuance of the building permit, the building plans need to be revised to meet this provision, acceptable to the Planning Department. The proposal includes 42 parking spaces under the building, whereas a total of 41 parking spaces are required (1.55 spaces per unit). Parking under the building will be gated, with owners provided with remote gate opening devices. Due to a pending Code amendment increasing the parking requirement for attached dwellings from 1.5 to two spaces per unit, parking for this project will be nonconforming upon adoption of the Code amendment. The request is being processed as a Comprehensive Infill Redevelopment Project to permit attached dwellings within the Tourist District due to the rear setback reductions being requested to the pool deck and boardwalk. The proposal includes a reduction to the front (south) setback from 15 feet to zero feet (to trash staging area) and reductions to the rear (north) setback from 20 feet to 18 feet (to building) and from 20 feet to zero feet (to pool deck and boardwalk). Due to the slightly irregular, arc-shape of the property, the building has been designed on the property to meet the required east and west side setback of 10 feet and the required front setback of 15 feet. The main portion of the building is located a minimum of 23.4 feet from the front property line. With regard to the front setback reduction from Brightwater Drive related to the trash staging area, the building will have both a refuse collection and recycling room on the ground floor within the parking garage. Dumpsters or recycling carts will be rolled out to the staging area on collection days. The location of the trash staging area within the front setback is necessary to eliminate the necessity of the trash truck coming on-site and is common with many newer developments. The building has been designed, however, where a rear setback reduction is necessary. The 18-foot rear setback proposed to the building is consistent with some of the other attached dwelling projects approved on Brightwater Drive and will still comply with the Building Code requirement of an 18 feet setback from the seawall. The rear setback reduction is otherwise to the pool and pool deck, which is consistent with other approved projects on Brightwater Drive. Current development practices place the pool area adjacent to the waterside of the property, which is generally the most private area of the property, with the pool deck at a zero setback. Adjustments to the Building Code setback (less than 18 feet) are also reviewed by the Building Official prior to building permit issuance. The requested flexibility in regard to required setbacks is justified by the benefits to an upgraded site appearance to the surrounding area and the proposal is compatible with surrounding development. The proposal is consistent with the attached dwelling character of the immediate vicinity, specifically the projects already approved at 190 and 205 Brightwater Drive and the proposed project at 193, 199 and 201 Brightwater Drive (Cases FLD2005- 09102/TDR2005-09026) on the same agenda as this project. The proposal includes an increase to building height from 35 feet to 45.67 feet (to roof deck) with an additional 5.5 feet for parapets (from roof deck) and an additional 16 feet for a rooftop pavilion (from roof deck). The proposed building of four stories over ground-level parking is consistent with that envisioned by Beach by Design for this street and with heights approved for 190 and 205 Brightwater Drive and the proposed project at 193, 199 and 201 Brightwater Drive (Cases FLD2005-09102/TDR2005-09026) on the same agenda as this project. Code provisions allow parapet walls to extend a maximum of 30-inches above the roof deck. The applicant is requesting Staff Report - Community Development Board- December 20, 2005 Cases FLD2005-09101/TDR2005-09027 - Page 3 of 10 to increase the parapet to a total of 5.5 feet from the roof deck. The majority of the parapet located on the front, east and west sides of the building is at a height of approximately four feet. The 5.5- foot height for the parapet is only at two locations at the rear of the building, where the parapet arches up around medallions. The parapet will screen from view rooftop air condensing units and will be in proportion with the building facade. The proposal also includes an open pavilion at the rear of the building that will be 16 feet in height (from roof deck to peak of the pavilion roof) as a common recreational element for the condominiums and adds architectural embellishment to the rear of the building. The waterside portions of the north side of the roof will be enclosed for safety and Building Code purposes with a 3.5-foot high railing, which will not block water views from residents and guests while on the roof deck. Code provisions allow, and the proposal includes, the elevator towers to be a maximum of 16 feet above the roof deck. The top of the proposed stair towers will be approximately 11 feet above the roof deck. The Mediterranean-style of architecture of the building will include shrimp tint stucco for the main building color, accented by pink salmon, and a soft yellow on the elevator and stair towers. The parapet walls will contain a Florida-blend of barrel tile roofing. The windows, door frames and railings will be white in color. The landscape plan utilizes a colorful groundcover (parsonii juniper and society garlic), shrubs (nora grant ixora, silver buttonwood, green pittosporum and petite pink oleander) and trees (sable palmetto palm, Mexican fan palm, date palm, pigmy date palm, ligustrum tree and pink trumpet tree). The front and most of the side areas will be heavily planted, which will provide a pleasing appearance for this project. The landscape plan presently indicates green pittosporum and silver buttonwood shrubs, as well as sable palmetto palm trees, proposed within the waterfront sight visibility triangle. In accordance with Section 3-904.13, there can be no landscaping within the waterfront sight visibility triangle. The applicant is not proposing any signs with this development. Any future freestanding sign should be a monument-style sign of a maximum four feet in height and designed to match the exterior materials and color of the building. On-site utility facilities (electric and communication lines) will be required to be placed underground as part of the site redevelopment. Provisions for the placement of conduits for the future undergrounding of existing aboveground utility facilities in the public right-of-way should be completed prior to the issuance of the first certificate of occupancy in a manner acceptable to the utility companies and the City. A special warranty deed, specifying the number of dwelling units being conveyed or sold from 28 Idlewild Street and 321 Coronado Drive and being transferred to this site, must be recorded prior to the issuance of any permits for this project. This special warranty deed also must contain a covenant restricting in perpetuity the use of 28 Idlewild Street and 321 Coronado Drive due to the transfer of development rights. All applicable Code requirements and criteria including, but not limited to, General Applicability criteria (Section 3-913) and Comprehensive Infill Redevelopment Project criteria (Section 2- 803.C) have been met. Staff Report - Community Development Board- December 20, 2005 Cases FLD2005-09101/TDR2005-09027 -Page 4 of 10 Code Enforcement Analysis: There are no outstanding enforcement issues associated with this site. COMPLIANCE WITH STANDARDS AND CRITERIA: (Sections 2-801.1 and 2-803) STANDARD PROPOSED CONSISTENT INCONSISTENT MAXIMUM 27 dwelling units (a) X DENSITY (30 dwelling units per acre) (23 dwelling units maximum IMPERVIOUS 0.61 X SURFACE RATIO ISR 0.95 maximum LOT AREA (For 0.781 acres; 34,027 square feet X attached dwellings: 5,000 - 10,000 sq. feet minimum LOT WIDTH (For 267 feet X attached dwellings: 50-100 feet minimum FRONT SETBACK 15 feet (to building); zero feet (to trash X* Zero-15 feet staging area) REAR SETBACK 18 feet (to building); zero feet (to X* 10-20 feet boardwalk and pool deck SIDE SETBACK East: 10 feet (to building) X 0-10 feet West: 10 feet (to building) HEIGHT (For 45.67 feet (to roof deck) with an X* attached dwellings: additional 5.5 feet for parapets (from 35-100 feet maximum) roof deck) and with an additional 16 feet for a roof top pavilion (from roof deck PARKING SPACES 42 spaces (1.55 spaces per unit) X (1.5 spaces per unit - attached dwellings; 41 spaces required) * See discussion under Analysis. (a) Includes the Transfer of Development Rights for two units from 28 Idlewild Street and two units from 321 Coronado Drive. Staff Report - Community Development Board- December 20, 2005 Cases FLD2005-09101/TDR2005-09027 -Page 5 of 10 COMPLIANCE WITH COMPREHENSIVE INFILL REDEVELOPMENT PROJECT FLEXIBILITY CRITERIA (Section 2-803.C): 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 Infill 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- December 20, 2005 Cases FLD2005-09101/TDR2005-09027 - Page 6 of 10 COMPLIANCE WITH GENERAL 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 (Section 4-1403): 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW: FINDINGS OF FACT 1. The subject 0. 781 acres is zoned Tourist District and has 267 feet of lot width; 2. The site is currently developed with a total of 27 attached dwellings (apartments); 3. The proposal includes constructing a 27-unit, four-story (over ground-level parking) residential condominium building; Staff Report - Community Development Board- December 20, 2005 Cases FLD2005-09101/TDR2005-09027 - Page 7 of 10 4. The proposal includes the utilization of four dwelling units through the Transfer of Development Rights from 28 Idlewild Street (two units) and 321 Coronado Drive (two units); 5. The building has been designed on the property to meet the required east and west side setback of 10 feet and the required front setback of 15 feet. The main portion of the building is located a minimum of 23.4 feet from the front property line; 6. The proposal includes a reduction to the rear setback to the building from 20 feet to 18 feet, which is consistent with some of the other attached dwelling projects approved on Brightwater Drive and will still comply with the Building Code requirement of an 18 feet setback from the seawall; 7. The setback reductions are otherwise to the trash staging area, the pool and pool deck and the boardwalk along the seawall, which are consistent with other approved projects on Brightwater Drive; 8. The proposed building of four stories over ground-level parking is consistent with that envisioned by Beach by Design for this street and with heights approved for 190 and 205 Brightwater Drive and the proposed project at 193, 199 and 201 Brightwater Drive (Cases FLD2005-09102/TDR2005-09026) on the same agenda as this project; 9. The proposal is consistent with the attached dwelling character of the immediate vicinity, specifically the projects already approved at 190 and 205 Brightwater Drive and the proposed project at 193, 199 and 201 Brightwater Drive (Cases FLD2005- 09102/TDR2005-09026) on the same agenda as this project; 10. The proposal is compatible with the surrounding development; 11. The proposal is not in complete compliance with Section C.2 of the Design Guidelines of Beach by Design; and 12. There are no active code enforcement cases for the parcel. CONCLUSIONS OF LAW 1. Staff concludes that the proposal complies with the Flexible Development criteria as a Comprehensive Infill Redevelopment Project per Section 2-803.C; 2. 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; and 3. Based on the above findings and proposed conditions, Staff recommends approval of this application. SUMMARY AND RECOMMENDATION: The Development Review Committee reviewed the application and supporting materials on November 3, 2005. The Planning Department recommends APPROVAL of the (1) Flexible Development application to permit 27 attached dwellings in the Tourist District with a reduction to the front (south) setback from 15 feet to zero feet (to trash staging area), reductions to the rear (north) setback from 20 feet to 18 feet (to building) and from 20 feet to zero feet (to pool deck and boardwalk), an increase to building height from 35 feet to 45.67 feet (to roof deck) with an additional 5.5 feet for parapets (from roof deck) and an additional 16 feet for a rooftop pavilion (from roof deck), as part of a Comprehensive Infill Redevelopment Project, under the provisions Staff Report - Community Development Board- December 20, 2005 Cases FLD2005-09 10 1 /TDR2005 -09027 - Page 8 of 10 of Section 2-803.C (retaining five existing boat docks for sole use by the property owners); and (2) the Transfer of Development Rights for two units from 28 Idlewild Street and two units from 321 Coronado Drive, under the provisions of Section 4-1403 (TDR2005-09027), for the site at 170, 174,180, 184 and 188 Brightwater Drive, with the following bases and conditions: Bases for Approval: 1. The proposal complies with the Flexible Development criteria as a Comprehensive Infill Redevelopment Project per Section 2-803.C. 2. The proposal is in compliance with other standards in the Code including the General Applicability Criteria per Section 3-913. 3. The development is compatible with the surrounding area and will enhance other redevelopment efforts. 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 a Unity of Title be recorded in the public records prior to the issuance of any permits; 3. That a special warranty deed, specifying the number of dwelling units being conveyed or sold from 28 Idlewild Street and 321 Coronado Drive 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 28 Idlewild Street and 321 Coronado Drive due to the transfer of development rights. Any mortgage holder of the sending site (28 Idlewild Street and 321 Coronado Drive) shall consent to the transfer of development rights prior to the issuance of any permits; 4. That a condominium plat be recorded prior to the issuance of the first Certificate of Occupancy; 5. That any future freestanding sign be a monument-style sign a maximum four feet in height and designed to match the exterior materials and color of the building; 6. That boats moored at the docks, lift and/or slips be for the exclusive use by the residents and/or guests of the condominiums and not be permitted to be sub-leased separately from the condominiums; 7. That all applicable requirements of Chapter 39 of the Building Code be met related to seawall setbacks; 8. 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; 9. That all Fire Department requirements be met prior to the issuance of any permits; 10. That all construction comply with FEMA requirements; 11. That there be no landscaping (other than sod) within the waterfront sight visibility triangle; and 12. That, prior to the issuance of the building permit, the building plans be revised to meet Section C.2 of the Design Guidelines of Beach by Design, acceptable to the Planning Department. Staff Report - Community Development Board- December 20, 2005 Cases FLD2005-09101/TDR2005-09027 - Page 9 of 10 Prepared by: Planning Department Staff: Wayne M. Wells, AICP, Planner III ATTACHMENTS: Location Map Aerial Map Zoning Map Existing Surrounding Uses Map Application S: (Planning DepartmentlC D BIFLEX (FLD)Wending cases)Up for the next CDBIBrightwater 170 Flamingo Bay (T) - 12.20.05 CDB - WWIBrightwater 170 Staff Report. doc Staff Report - Community Development Board- December 20, 2005 Cases FLD2005-09101/TDR2005-09027 -Page 10 of 10 r December 21, 2005 Mr. Housh Ghovaee Northside Engineering Services Inc. 601 Cleveland Street, Suite # 930 Clearwater, Florida 33755 R:E: Development Order - Case Nos. FLD2005-09101/TDR2005-09027 - 170, 174,180, 184 and 188 Brightwater Drive Dear Mr. Ghovaee: This letter constitutes a Development Order pursuant to Section 4-206.D.6 of the Community Development Code. On December 20, 2005, the Community Development Board reviewed your requests for (1) Flexible Development approval to permit 27 attached dwellings in the Tourist District with a reduction to the front (south) setback from 15 feet to zero feet (to trash staging area), reductions to the rear (north) setback from 20 feet to 18 feet (to building) and from 20 feet to zero feet (to pool deck and boardwalk), an increase to building height from 35 feet to 45.67 feet (to roof deck) with an additional 5.5 feet for parapets (from roof deck) and an additional 16 feet for a rooftop pavilion (from roof deck), as part of a Comprehensive Infill Redevelopment Project, under the provisions of Section 2-803.C (retaining five existing boat docks for sole use by the property owners); and (2) the Transfer of Development Rights for two units from 28 Idlewild Street and two units from 321 Coronado Drive, under the provisions of Section 4-1403 (TDR2005-09027). The Community Development Board (CDB) APPROVED the application with the following bases and conditions: Bases for Approval: 1. The proposal complies with the Flexible Development criteria as a Comprehensive Infill Redevelopment Project per Section 2-803.C. 2. The proposal is in compliance with other standards in the Code including the General Applicability Criteria per Section 3-913. 3. The development is compatible with the surrounding area and will enhance other redevelopment efforts. 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 a Unity of Title be recorded in the public records prior to the issuance of any permits; 3. That a special warranty deed, specifying the number of dwelling units being conveyed or sold from 28 Idlewild Street and 321 Coronado Drive 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 28 Idlewild Street and 321 Coronado Drive due r- December 21, 2005 Ghovaee - Page 2 to the transfer of development rights. Any mortgage holder of the sending site (28 Idlewild Street and 321 Coronado Drive) shall consent to the transfer of development rights prior to the issuance of any permits; 4. That a condominium plat be recorded prior to the issuance of the first Certificate of Occupancy; 5. That any future freestanding sign be a monument-style sign a maximum four feet in height and designed to match the exterior materials and color of the building; 6. That boats moored at the docks, lift and/or slips be for the exclusive use by the residents and/or guests of the condominiums and not be permitted to be sub-leased separately from the condominiums; 7. That all applicable requirements of Chapter 39 of the Building Code be met related to seawall setbacks; 8. 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; 9. That all Fire Department requirements be met prior to the issuance of any permits; 10. That all construction comply with FEMA requirements; 11. That there be no landscaping (other than sod) within the waterfront sight visibility triangle; and 12. That, prior to the issuance of the building permit, the building plans be revised to meet Section C.2 of the Design Guidelines of Beach by Design, acceptable to the Planning Department. Pursuant to Section 4-407, an application for a building permit shall be made within one year of Flexible Development approval (December 20, 2006). All required certificates of occupancy shall be obtained within two years of the date of issuance of the building permit. 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 January 3, 2006 (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/gov/depts/planning. *Make Us Your Favorite! December 21, 2005 Ghovaee - Page 3 Sincerely, Michael Delk, AICP Planning Director (Planning DepartmentlC D BIFLEX (FLD)Ilnactive or Finished ApplicationslBrightwater 170 Flamingo Bay (T) - Approve&Brightwater 170 Development Order.doc CITY OF C LEARWAT E R PLANNING DEPARTMENT POST OFFECF BOX 4748, CI.FARWATER, FLORIDA 33758-4748 MUNICIPAL SFRVICFS BUILDING, 100 SOUTH MYRTi.F AVFNUE, CI.FARWATFR, FLORIDA 33756 TELEPHONE (727) 562-4567 FAx (727) 562-4865 LONG RANGE PIANNING DFVELOPMENT REVIEW February 22, 2006 Mr. Housh Ghovaee Northside Engineering Services Inc. 601 Cleveland Street, Suite # 930 Clearwater, Florida 33755 RE: Development Order - Case Nos. FLD2005-11109/TDR2005-11029 - 150, 158, 162 and 166 Brightwater Drive Dear Mr. Ghovaee: This letter constitutes a Development Order pursuant to Section 4-206.D.6 of the Community Development Code. On February 21, 2006, the Community Development Board reviewed your requests for (1) Flexible Development application to permit 32 attached dwellings in the Tourist District with reductions to the front (south) setback from 15 feet to 11.7 feet (to building) and from 15 feet to zero feet (to trash staging area), a reduction to the side (east) setback from 10 feet to 8.6 feet (to pavement), a reduction to the side (west) setback from 10 feet to 7.8 feet (to pavement), reductions to the rear (north) setback from 20 feet to 19.4 feet (to building) and from 20 feet to zero feet (to pool deck and boardwalk) and an increase to building height from 35 feet to 46.33 feet (to roof deck) with an additional 10.67 feet for parapets (from roof deck) and an additional 16 feet for an open rooftop pavilion (from roof deck), as a Comprehensive Infill Redevelopment Project, under the provisions of Section 2-803.C; and (2) Transfer of Development Rights for three units from 409 East Shore Drive, under the provisions of Section 4-1403 (TDR2005-11029). The Community Development Board (CDB) APPROVED the application with the following bases and conditions: Bases for Approval: 1. The proposal complies with the Flexible Development criteria as a Comprehensive Infill Redevelopment Project per Section 2-803.C. 2. The proposal is in compliance with other standards in the Code including the General Applicability Criteria per Section 3-913. 3. The development is compatible with the surrounding area and will enhance other redevelopment efforts. 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 a Unity of Title be recorded in the public records prior to the issuance of any permits; PRANK HIBBARD, MAYOR 13111JONSON, VICE: MAYOR JOI W DORAN, COUNCIIAIEMBE.R How HAnu I:I ON, COUNCILMRMBPR ® CARITN A. Pj; nI ]?SEN, COUNCII AIENIBFR "EQUAL EMPLOYMENT AND AI'FIRMAIIVI? ACTION 1?MI1L0YER" 1 February 22, 2006 Ghovaee - Page 2 3. That a special warranty deed, specifying the number of dwelling units being conveyed or sold from 409 East Shore Drive 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 409 East Shore Drive due to the transfer of development rights. Any mortgage holder of the sending site (409 East Shore Drive) shall consent to the transfer of development rights prior to the issuance of any permits; 4. That a condominium plat be recorded prior to the issuance of the first Certificate of Occupancy; 5. That any future freestanding sign be a monument-style sign a maximum four feet in height and designed to match the exterior materials and color of the building; 6. That boats moored at the existing or future docks, lift and/or slips be for the exclusive use by the residents and/or guests of the condominiums and not be permitted to be sub-leased separately from the condominiums; 7. That all applicable requirements of Chapter 39 of the Building Code be met related to seawall setbacks; 8. 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; 9. That all Fire Department requirements be met 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 the restrooms on the ground floor meet all Federal Emergency Management Administration (FEMA) rules and guidelines; 12. That all utility equipment including but not limited to wireless communication facilities, electrical and gas meters, etc. be screened from view and/or painted to match the building to which they are attached, as applicable, prior to the issuance of the first Certificate of Occupancy; 13. That all Parks and Recreation fees be paid prior to the issuance of any permits; and 14. That, prior to the issuance of the Certificate of Occupancy, traffic impact fees be assessed and paid. Pursuant to Section 4-407, an application for a building permit shall be made within one year of Flexible Development approval (February 21, 2007). All required certificates of occupancy shall be obtained within two years of the date of issuance of the building permit. 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. February 22, 2006 Ghovaee - Page 3 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 January 31, 2006 (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.Inyclearwater.conV og v/dgpts/planning. *Make Us Your Favorite! Sincerely, Michael Delk, AICP Planning Director S.•IPlanning DepartmentlC D BIFLEX (FLD)Ilnactive or Finished ApplicationsWrightwater 150 Cinnamon Bay (7) - ApprovedIBrightwater 150 Development Order.doc TRiOManagement Mr. Wayne Wells February 26, 2007 City of Clearwater Building Department 100 S. Myrtle Avenue Clearwater, FL 33756 ORIGINAL RECEIVED Re: Cinnamon Bay -150-166 Brightwater Drive MAR 0 6 2007 Development Order FLD2005-11109[MR2005-11029 PLANNING DEPARIMENT Cm' OF CLEARWATER Dear Wayne, As we discussed, attached are revised architectural and civil drawings for the above referenced property. The revised drawings reflect my client's attempts to redesign the project in order to comply with all current code conditions regarding parking and building height. Although you have previously granted a six month extension of the above referenced Development Order we are requesting that you rescind that extension in favor of a full year extension. We feel that we have made every attempt to bring this project into full compliance and have resolved the issues that limited your desire to grant only a six month extension. Thank you again for your attention to this matter and your continued cooperation to help us resolve these issues. ?- ?Sinke Yj? Daniel Dennehy 727-278-4400 1208 South Myrtle Avenue Clearwater, Florida 33756 ILL 0 wa er Development & Neighborhood Services Department r 100 S. Myrtle Avenue, Suite 210 4-- t Clearwater, FL 33756 Telephone: (727) 562-4567 Fax: (727) 562-4576 www.myclearwater.com RESPONSE TO COMMENTS/PLAN AMENDMENT APPLICATION (PLEASE PRINT CLEARLY) Building Permit Number. n Project Address: 7J0 r I (.PU 421G? v Ztt N wt ORIGINAL RECEIVED Permit has been issued. (Plan Amendment) Permit has not been issued. (Response to Comments) i Detailed description of changes: See attached cover letter for details. Any Change in Job Valuation: $ Office use only/Label Here Contact person for this project: 1 0 -? Nt?}?- to Please Print Contact Phone: 4400 Contact Fax: Signature LIAR 0 6 2007 PLANNING DEPARTMENT CITY OF CLEARWATER Date Received/Of m Use Only 17A-01a)5-Ill0? I-To a ? - Building div/bms&applicatiord2o06ANAL