FLD2005-05047 (2)LONG RANGE PLANNING
DEVELOPMENT REVIEW
Y ?
ClTY OF C
L E A R W A T E R
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
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October 5, 2005
. Mir UV 1 Mr. E. D. Armstrong III, Esquire •
O
Johnson, Pope, Bokor, Ruppel & Burns, LLP
P. O. Box 1368
Clearwater, FL 33757-1368
RE: Amended Development Order - Case Nos. FLD2005-05047/TDR2005-05022 - 430 South
Gulfview Boulevard
Dear Mr. Armstrong:
This letter constitutes a Development Order pursuant to Section 4-206.D.6 of the Community
Development Code. On August 16, 2005, the Community Development Board reviewed your request for
(1) Termination of Status of Nonconformity for density (217 overnight accommodation units existing to
be converted to 104 dwelling units; where 56 dwelling units are permitted today), under the provisions of
Section 6-109; (2) Flexible Development approval to permit a mixed use of 112 attached dwelling units
and 78 overnight accommodation rooms/units with reductions to the front (east) setback from 15 feet to
six feet (to patios/seating areas) and from 15 feet to zero feet (to trash staging area), reductions to the
side (north) setback from 10 feet to five feet from the Coastal Construction Control Line (CCCL) (to
building) and from 10 feet to four feet (to pavement), a reduction to the side (south) setback from 10 feet
to two feet (to trash staging area), a reduction to the rear (west) setback from 20 feet to eight feet from
the CCCL (to building), increases to building height from 35 feet 100 feet for the overnight
accommodation building tower and from 35 feet to 150 feet for the residential tower (to roof deck) with
an additional six feet for perimeter parapets (from roof deck) and an additional 24 feet for architectural
embellishments (from roof deck), a reduction to driveway spacing from 125 feet to 90 feet and a
deviation to allow direct access to a arterial street, as a Comprehensive Infill Redevelopment Project,
under the provisions of Section 2-803.C; and (3) Transfer of Development Rights (TDR2005-05022) of
four dwelling units from 557 and 579 Cyprus Avenue, one dwelling unit from 625-627 Bay Esplanade
and three dwelling units from 667 Bay Esplanade, under the provisions of Section 4-1402. The
Community Development Board (CDB) APPROVED the application with the following bases and
conditions:
Bases for Approval:
1. The. proposal complies with the Termination of Status of Nonconformity for density per Section 6-
109;
2. The proposal complies with the Flexible Development criteria as a Comprehensive Infill
Redevelopment Project per Section 2-803.C;
3. The proposal is in compliance with other standards in the Code including the General Applicability
Criteria per Section 3-913;
4. The proposal complies with the Transfer of Development Rights per Section 3-1403;
FRANK HIBBARD, MAYOR
BILL. JONSON, VICE-MAYOR JoHt, DoRAN, COUNCILMEMBFR
Horn HAMILTON, COUNCILMEMBFR CARLEN A. PETFRSFN, COUNCIL NIFMBER
"RQUAI. EMPLoYMF,NT AND AFFIRMAT mg ACTION EMPI.OYI:R"
October 5, 2005
Armstrong - Page 2
5. The proposal complies with Beach by Design; and
6. The proposal is compatible with the surrounding development.
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 use of the property be for a maximum of 112 dwelling units, including eight units through the
Transfer of Development Rights, and 78 overnight accommodation rooms/units. The retail sales and
services have been eliminated from the proposal;
3. That a Unity of Title be recorded in the public records prior to the issuance of any permits;
4. That occupancy by owners of units in the southern building be limited to sixty (60) days in any
calendar year. Further, units in the southern building shall be offered or advertised as being available
for rental to the public as overnight accommodations when not in use by the owner. At the request of
the City Manager or designee, records of the rentals conducted for or by the owners of units shall be
made available for examination to determine compliance with these provisions. Failure to provide
such records upon request shall be grounds for imposition of appropriate fines and/or any other
enforcement afforded by City regulations. A license for the facility must be obtained and maintained
from the Florida Department of Business and Professional Regulation, Division of Hotels and
Restaurants. A registration lobby operated 24 hours a day, seven days a week, shall be maintained.
Units within this portion of the development shall not be used for any purpose other than overnight
accommodations and shall not qualify for homestead exemption nor as a residential unit which can
be used for voter registration, motor vehicle registration, Pinellas County public school registration
or home or business occupational licenses;
5. That the sidewalk within the South Gulfview Boulevard right-of-way be designed and constructed for
the site frontage in accordance with Beach Walk design specifications. The developer and City may
agree on an alternate construction schedule or the provision of payment in lieu of construction;
6. That all City approvals and easements necessary for the sidewalk connection to the sidewalk on City
property to the north be obtained prior to the issuance of a Certificate of Completion;
7. That the applicant obtain all right-of-way, easements or other legal instruments prior to the issuance
of building permits for the installation of any landscaping and irrigation on the City property north of
the subject property;
8. That any future freestanding sign be a monument-style sign and be designed to match the exterior
materials and color of the building. The maximum height shall be four feet, unless approved at six
feet high through a Comprehensive Sign Program;
9. That fencing within the visibility triangles and waterfront visibility triangles be brought into
compliance with Code provisions prior to the issuance of a Certificate of Completion. Fence height
increases above that otherwise permitted and alternate fence materials shall only be allowed (1) in
the waterfront visibility triangle if a letter of "no objection" is submitted from the adjacent
condominium association board and (2) in the -visibility triangle if acceptable to the Engineering
Department;
10. That a special warranty deed, specifying the number of dwelling units being conveyed or sold from
557 and 579 Cyprus Avenue, 625-627 Bay Esplanade and 667 Bay Esplanade 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 557 and 579
Cyprus Avenue, 625-627 Bay Esplanade and 667 Bay Esplanade due to the transfer of development
rights. Any mortgage holder of the sending site (557 and 579 Cyprus Avenue, 625-627 Bay
October 5, 2005
Armstrong - Page 3
Esplanade and 667 Bay Esplanade) shall consent to the transfer of development rights prior to the.
issuance of any permits;
11. 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 aCertificate 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. That any future storage units on the ground floor be used for storage only, in compliance with all
Federal Emergency Management Administration (FEMA) rules and guidelines. Should such storage
units be proposed and approved by Staff as a Minor Revision to this approval, 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;
13. That sea-turtle friendly light fixtures be employed with the site design, with compliance
demonstrated on plans acceptable to the Environmental Division, prior to the issuance of building
permits;
14. That all applicable requirements of Chapter 39 of the Building Code be met related to seawall
setbacks;
15. That a condominium plat be recorded prior to the issuance of the first Certificate of Occupancy;
16. That all construction comply with FEMA requirements;
17. That all Parks and Recreation fees be paid prior to the issuance of any permits; and
18. That all Fire Department requirements be met prior to the issuance of any permits.
Pursuant to Section 4-407, an application for a building permit shall be made within one year of Flexible
Development approval (August 16, 2006). All required certificates of occupancy shall be obtained
within one 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.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 August 30, 2005 (14 days
from the date of the CDB meeting).
? t
Oatober 5, 2005
Armstrong - Page 4
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.com/ og v/depts/planning. *Make Us Your Favorite!
Sincerely;
??Mich e yam,
` ` l De c, 26.6
Planning Director
S: (Planning DepartmenllC D BIFLEX (FLD)Vnactive or Finished Applications IGulfview S 043-0 TW.Residences (T) - ApprovedIGulfview S 430
Development Order Amended 10.5.05.doc
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v" CITY OF C L EARWATE R
PLANNING DEPARTMENT
-,a,?; ?•, ' POST OFFICE Box 4748, CI.FARWATFR, FLORIDA 33758-4748
inro i r ?4 MUNICIPAL. SERVICES BUII.I)ING, 100 Sou m MYRTLr Avr:NUE, CLEARWATI:R, FLORIDA 33756
TrLrPIIONE (727) 562-4567 FAx (727) 562-4865
LONG RANGF PLANNING
DFVELOPMrNT RFVLEW
Mr. Chuck Jones, AIA, Principal
Curts Gaines Hall Jones Architects
1213 East 6`" Avenue
Tampa, Florida 33605-4905
September 26, 2006
Re: Development Order - Minor Revision
FLD2005-05047 - 430 South Gulfview Boulevard - Indigo Beach Residences
Dear Mr. Jones:
On August 16, 2005, the Community Development Board (CDB) approved with 18 conditions the above
referenced case, which was a request for (1) Termination of Status of Nonconformity for density (217
overnight accommodation units existing to be converted to 104 dwelling units; where 56 dwelling units
are permitted today), under the provisions of Section 6-109; (2) Flexible Development approval to permit
a mixed use of 112 attached dwelling units and 78 overnight accommodation rooms/units with reductions
to the front (east) setback from 15 feet to six feet (to patios/seating areas) and from 15 feet to zero feet (to
trash staging area), reductions to the side (north) setback from 10 feet to five feet from the Coastal
Construction Control Line (CCCL) (to building) and from 10 feet to four feet (to pavement), a reduction
to the side (south) setback from 10 feet to two feet (to trash staging area), a reduction to the rear (west)
setback from 20 feet to eight feet from the CCCL (to building), increases to building height from 35 feet
100 feet for the overnight accommodation building tower and from 35 feet to 150 feet for the residential
tower (to roof deck) with an additional six feet for perimeter parapets (from roof deck) and an additional
24 feet for architectural embellishments (from roof deck), a reduction to driveway spacing from 125 feet
to 90 feet and a deviation to allow direct access to a arterial street, as a Comprehensive Infill
Redevelopment Project, under the provisions of Section 2-803.C; and (3) Transfer of Development Rights
(TDR2005-05022) of four dwelling units from 557 and 579 Cyprus Avenue, one dwelling unit from 625-
627 Bay Esplanade and three dwelling units from 667 Bay Esplanade, under the provisions of Section 4-
1402.
A proposal has been submitted to revise the approved project with the following:
• Slightly widen and relocate both the entrance and driveways for the residential and hotel
portions of the project;
• Remove the retail portions previously shown;
• Reconfigure the parking areas to provide better circulation and fewer dead ends, retaining the 78
hotel parking spaces on the first floor, but replacing the public parking spaces with residential
guest parking spaces;
• Levels 2 and 3 units were reconfigured and enlarged, providing nine units total on these two
levels in lieu of the 22 smaller villas previously shown;
• Minor layout revisions to the residential social amenities (club) on Level 4;
PRANK I111MAR1), MAYOR
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4
September 25, 2006
Jones - Page 2
• The number of residential units has been revised to 10 per floor for Levels 5 - 10, as well as the
unit layouts;
• The number of residential units has been revised to nine units on Level 11, as well as the unit
layouts;
• The number of residential units has been revised to seven units on Levels 12 - 14, as well as the
unit layouts;
• The number of residential units has been revised to six units on Level 15, as well as the unit
layouts;
• Private elevator entries into each residential unit are now provided;
• Hotel units are now provided with exterior balconies for visual interest;
In accordance with Section 4-406.A of the Code, the revisions proposed are deemed to be a Minor
Revision and are APPROVED with the following conditions that must be addressed on the site,
landscape and building plans for building permits:
1. Service portions of the building for both the residential and hotel areas on Level 1 must meet
FEMA VE-Zone requirements;
2. The finished deck elevation on the west side of the club will need to be revised to be consistent
the finished floor elevation in the club (32'-6") on Sheet 0-A1.41;
3. The approved setback from the Coastal Construction Control Line (CCCL) must be shown on the
revised site plan Sheet 3 of 13 prior to the issuance of any permits;
4. Columns for the trellises in front of the building must be removed from Sheet 0-A2.10 (left side
of elevation);
5. Sheet 0-A2.20 must be revised to show the two support columns for the trellis on the northeast
side of the building, as indicated on Sheet 0-A1.10;
6. The three rooms on the front of Level 12 (roof) of the hotel building must be for mechanical
equipment and is not intended as storage rooms; and
7. The open rooftop pavilion shown on the northwest corner of the residential building shall be for
architectural ornamentation only and shall not be used by the residents at any time (occupied for
sunset observations, parties, etc.). Prior to the issuance of the first Certificate of Occupancy for
this residential building, the developer shall record in the public records restrictive covenants or
restrictions in the condominium documents for this open rooftop pavilion and submit a copy to
the Planning Department.
It is noted that the civil plans submitted August 28, 2006, have not been reviewed as part of this
Minor Revision, as they were not previously submitted as part of the revision package. The civil
plans will be reviewed as part of the site development permit #BCP2006-06699.
Should you have any questions, feel free to contact Wayne M. Wells, AICP, Planner III, at 727-562-4504.
Sincerely,
Mich/ae'1 Delk, P
Planning Director
Cc: Joe Burdette
S: (Planning DepartmentlC D BIFLEX (FLD) IInactive or Finished ApplicationslGulfview S 0430 TW Residences (T) - ApprovedlGulfview S 0430
Minor Revisions Development Order 9.26 06doc