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FLD2005-09094
Clean raiter Planning Department 100 South Myrtle Avenue Clearwater, Florida 33756 Telephone: 727-562-4567 Fax:. 727-562-4865 10 SUBMIT ORIGINAL SIGNED AND NOTARIZED APPLICATION LIK SUBMIT 14 COPIES OF THE ORIGINAL APPLICATION including . 1) collated, 2) stapled and 3) folded sets of site plans V SUBMIT APPLICATION FEE $ JIDS n0 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) FLEXIBLE DEVELOPMENT APPLICATION (Revised 12/30/2004) - PLEASE TYPE OR PRINT dg,IGI,NAL A. APPLICANT, PROPERTY OWNER AND AGENT INFORMATION: (Code Section 4-202. R? RECEIVED APPLICANT NAME: MAILING ADDRESS: PHONE NUMBER. 727-)446-9162 FAX NUMBER: P t EPART ENT CI L WA ER PROPERTY OWNER(S): Carlouel Yacht Corp, (Must Include ALL owners as listed on the deed - provide original signature(s) on page 6) AGENT NAME: Robert M Thompson Jr MAILING ADDRESS: 1230 S M3,zrt1e Aire , S„ita 301, ClearW-gter, FL 337-5-6 PHONE NUMBER: (727)446 2290 FAX NUMBER: 027) . -447 . 6:524 CELL NUMBER: ,, 2- , ,,. - E-MAIL ADDRESS: rcompan3@tampa balr rr om B. PROPOSED DEVELOPMENT INFORMATION: (Code Section 4-202.A) STREET ADDRESS of subject site: 1091 R1.1- d nve , GleaFwaEer-yFL 33767 LEGAL DESCRIPTION: Mand -qVd that parr of turs 4' & :5 (d not I sted he e, please note the 16-S- to o t is ocument m e su m a PARCEL NUMBER: ?2 9R 15_?79n 171 0050 PARCEL SIZE: Alai (acres, -square feet) PROPOSED USE(S) AND SIZE(S): Rnat nnrk-.r2 0 Ocn' ft of narn Ant-V (number of dwelling units, hotel rooms or square footage of nonresidential use) DESCRIPTION OF REQUEST(S):', Add three (3) new. floating. docks to an existin- fl nesting rlnr k AtImah sheets and be specific when Identifying the request (Indtide all requested code deviations; e.g. reduction In required number of parking spaces, specific use, etc.) NEW.-.DOCKS: 2-10'x70' and 1-10'x.56' with a 4'x20' ramp:f vMbfNAL DOES tll1c' APPLICATION INVOLVE THE TkANSFER OF DEVELOPMENT RIGHTS (TDR), A DEVELOPMENT, OR A PREVIOUSLY APPROVED (CERTIFIED) SITE PLAN? YES -Y NO documents) PREVIOUSLY APPROVED PLANNED UNIT - (if yes, attach a copy of the applicable C. PROOF OF OWNERSHIP: (Code Section 4-202.A.5) j] 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) ? Provide 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. The new dock location will be in harmony with ad?arPnt sot }® i l s s Bea e dttet!e 3ar water front width and open waterway. 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. Maneuvering of watercraft with in the watPrc of thi c area wi-3 n t i d o mpe e ingress or egress from adjacent docks (waterway width 300 + 'L 3. The The proposed development will not adversely affect the health or safety or persons residing or working in the neighborhood of the proposed use. boat docks are for the use of members to come b hnnt and will h on y ays t.e adverse a94"ct the health or safety of persons residing or working in the nPighhnrbnnr1 4. Tho The proposed development is designed to minimize traffic congestion. -L 111 fel ___ (nnmo-by) t'""* dee ~ i i i in - l f f e utE n m ze eac this are, 5. The The proposed development is consistent with the community character of the immediate vicinity of the parcel proposed for development. docks will ht- rnnai ctant Y.,; th at Le'- a^eks i t )' at I - n : te area --aft duck - sland Way. 6. T The design of the proposed development minimizes adverse effects, including visual, acoustic and olfactory and hours of operation impacts, on adjacent properties. igh no impact in -.visually T14e deeks a to b e used ?.«y at iivuLS the vac c u ,e ? Provide complete responses to the applicable flexibility criteria for the specific land use as listed in each Zoning District to which the waiver is requested (use separate sheets as necessary) - Explain how each criteria is achieved, in detail: UMu11Vk 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 invol addition or modification of impervious surface, including buildings, must include a stormwater plan that demonstrates compliance with 1 City of Clearwater Storm Drainage Design Criteria manual. A reduction in impervious surface area does not qualify as an exemption this requirement. If a plan is not required, the narrative shall provide an explanation as to why the site is exempt. ? At a minimum, the STORMWATER PLAN shall include the following: Existing topography extending 50 feet beyond all property lines; Proposed grading including finished floor elevations of all structures; All adjacent streets and municipal storm systems; Proposed stormwater detention/retention area including top of bank, toe of slope and outlet control structure; A narrative describing the proposed stormwater control plan including all calculations and data necessary to demonstrate compliance with the City manual. Signature and seal of Florida Registered Professional Engineer on all plans and calculations. ? COPY OF PERMIT INQUIRY LETTER OR SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT (SWFWMD) PERMIT SUBMITTAL (SWFVUMD approval is required prior to issuance of City Building Permit), if applicable ? Acknowledgement of stormwater plan requirements (Applicant must initial one of the following): yStormwate r plan as noted above is included Stormwater plan is not required and explanation narrative is attached. At a minimum, a grading plan and finished floor elevations shall be 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. SUPPLEMENTAL SUBMITTAL REQUIREMENTS: (Code Section 4-202.A) J7 SIGNED AND SEALED SURVEY (including legal description of property) -One original and 14 copies; ? TREE SURVEY (including existing trees on site and within 25' of the adjacent site, by species, size (DBH 4" or greater), and location, including drip lines and indicating trees to be removed) - please design around the e)dsdng trees; ? LOCATION MAP OF THE PROPERTY; ? PARKING DEMAND STUDY in conjunction with a request to make deviations to the parking standards (ie. Reduce number of spaces). Prior to the submittal of this application, the methodology of such study shall be approved by the Community Development Coordinator and shall be in accordance with accepted traffic engineering principles. The findings of the study will be used in determining whether or not deviations to the parking standards are approved; ? GRADING PLAN, as applicable; ? PRELIMINARY PLAT, as required (Note: Building permits will not be issued until evidence of recording a final plat is provided); ? COPY OF RECORDED PLAT, as applicable; G. SITE PLAN SUBMITTAL REQUIREMENTS: (Section 4-202.A) D C " ? SITE PLAN with the following information (not to exceed 24" x 36"): _ All dimensions;. r North arrow; f Engineering bar scale (minimum scale one inch equals 50 feet), and date prepared; SEF ?d©S Location map; J Index sheet referencing individual sheets included in package; Footprint and size of all EXISTING buildings and structures; By Footprint and size of all PROPOSED buildings and structures; ------ _:1 All required setbacks; r All existing and proposed points of access; All required sight triangles; Identification of environmentally unique areas, such as watercourses, wetlands, tree masses, and specimen . trees, including description and location of understory, ground cover vegetation and wildlife habitats, etc; Location of all public and private eaonts; 0 Location of all street rights-of-way within and adjacent to the site; Location of existing public and private utilities, including fire hydrants, storm and sanitary sewer lines, manholes and lift stations, gas and water lines; All parking spaces, driveways, loading areas and vehicular use areas; Depiction by shading or crosshatching of all required parking lot interior landscaped areas; Location of all solid waste containers, recycling or trash handling areas and outside mechanical equipment and all required screening (per Section 3-201(D)(i) and Index #7011; Location of all landscape material; Location of all onsite and offsite storm-water management facilities; Location of all outdoor lighting fixtures; and _ Location of all existing and proposed sidewalks. ? SITE DATA TABLE for existing, required, and proposed development, in written/tabular form: Land area in square feet and acres; Number of EXISTING dwelling units; Number of PROPOSED dwelling units; Gross floor area devoted to each use; Parking spaces: total number, presented in tabular form with the number of required spaces; Total paved area, including all paved parking spaces and driveways, expressed in square feet and percentage of the paved vehicular area; Size and species of all landscape material; Official records book and page numbers of all existing utility easement; Building and stricture heights; Impermeable surface ratio (I.S.R.); and Floor area ratio (F.A.R.) for all nonresidential uses. ? REDUCED SITE PLAN to scale (8 %X 11) and color rendering if possible; ? FOR DEVELOPMENTS OVER ONE ACRE, provide the following additional information on site plan: One-foot contours or spot elevations on site; Offsite elevations if required to evaluate the proposed stormwater management for the parcel; All open space areas; Location of all earth or water retaining wails 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 arborisr, of all trees 8" DBH or greater, reflecting size, canopy (drip lines) and condition of such trees. H. LANDSCAPING PLAN SUBMITTAL REQUIREMENTS: (Section 44102.A) D (,? ? LANDSCAPE PLAN: l? _ All existing and proposed structures; s? Names of abutting streets; ?FP G 27 Z005 - Drainage and retention areas including swales, side slopes and bottom elevations; Delineation and dimensions of all required perimeter landscape buffers; - Sight visibility triangles; By Delineation and dimensions of all parking areas including landscaping islands and curbing; - Proposed and required parking spaces; Existing trees on-site and immediately adjacent to the site, by species, size and locations, including driplines (as indicated on required tree survey); 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); Irrigation notes. ? REDUCED LANDSCAPE PLAN to scale (8 % X 11) (color rendering if possible); ? IRRIGATION PLAN (required for level two and three approval); ? COMPREHENSIVE LANDSCAPE PROGRAM application, as applicable. Landscape associated with the Comprehensive Landscape Program shall exceed minimum Code requirements to offset the areas where minimum Code will not be met. BUILDING ELEVATION PLA MITTAL REQUIREMENTS: (Section 402.A.23) I Required in the event the application includes a development where design standards are in issue (e.g. Tourist and Downtown Districts) or as part j -f a Comprehensive Infill Redevelopment Project or a Residential Infill Project. BUILDING ELEVATION DRAWINGS - all sides of all buildings including height dimensions, colors and materials; ? REDUCED BUILDING ELEVATIONS - four sides of building with colors and materials to scale (8 Y2 X 11) (black and white and color rendering, if possible) as required. J. SIGNAGE: (Division 19. SIGNS / Section 3-1806) ? All EXISTING freestanding and attached signs; Provide photographs and dimensions (area, height, etc.), indicate whether they will be removed or to remain. 0 All PROPOSED freestanding and attached signs; Provide details including location, size, height, colors, materials and drawing; freestanding signs shall include the street address (numerals) 0 Comprehensive Sign Program application, as applicable (separate application and fee required). 0 Reduced signage proposal (8 V2 X 11) (color), if submitting Comprehensive Sign Program application. K. TRAFFIC IMPACT STUDY: (Section 4-202.A.13 and 4-801.C) ? Include if required by the Traffic Operations Manager or his/her designee or if the proposed development: • Will degrade the acceptable level of service for any roadway as adopted in the Comprehensive Plan. • Will generate 100 or more new vehicle directional trips per hour and/or 1000 or more new vehicle trips per day. • Will affect a nearby roadway segment and/or intersection with five (5) reportable accidents within the prior twelve (12) month period or that is on the City's annual list of most hazardous intersections. Trip generation shall be based on the most recent edition of the Institute of Transportation Engineer's (ITE) Trip General Manual. The Traffic Impact Study must be prepared in accordance with a "Scoping Meeting" held with the Traffic Operations Manager and the Planning Department's Development Review Manager or their designee (727-562-4750) Refer to Section 4-801 C of the Community Development Code for exceptions to this requirement. Acknowl gement 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 le and each turning movement at all intersections identified in the Scoping Meeting. 1 1- Traffic Impact Study is not requ' ed. 5mA of 6cat 4?s ,dw e.C102.'T? c?j ae`' fir,Ps CAUTION - IF APPLICATION REVIEW RESULTS IN THE REQUIREMENT FOR A TRAFFIC IMPACT STUDY AND NONE HAS BEEN SUBMITTED, APPLICATION MUST BE RESUBMITTED AND SIGNIFICANT DELAY MAY OCCUR. If you have questions regarding these requirements, contact the City Public Works Administration Engineering SEP 2 3 2005 L. SIGNATURE: I, the undersigned, acknowledge that all representations made in this application are true and accurate to the best of my knowledge and authorize City representatives to visit and photograph the property described in this application. Corp. ,J Carlouej-Yacb Signs re of property owner or representative Robert M. Thompson, Jr. , Commodore Page 5 of 6 - Flexible Development Application 2005- City of Clearwater STATE OF FLORIDA, COUNTY OF PINELLAS 1. _ Sworn to and subscribed before me this 1j? day of W1)7e-Y' A.D. 200S. to me and/or by .(V\ .-ThoV-Yl4 E?n 1r rw is personally known] has produced as ide tification. L C, Notary public, My commission expires: 7 ?-/ I ?pqY pj TEMPI SAVOIE * MY COMMISSION # DD 232334 EXPIRES: August 22, 2007 "'OF F! OP\,P Bonded Thru Budget Notary Services ?4 AFFIDAVIT TO AUTHORIZE AGENT: (Names of all property owners on deed - plea PRINT full names) 1. That (I am/ a are the owner(s) and record title holder(s) of the following described property (address or general location): i nal F1 rlnrarln a..o Cl earTaater, ?'T ??767 2. That this property constitutes the property for which a request for a: (describe request) 3. That the undersigned (hash appointed and (doestdo) appoint: RnhPrt M_ Thnmpson, .Tr_ as (his/their) agent(s) to execute any petitions or other documents necessary to affect such petition; That this affidavit has been executed to induce the City of Clearwater, Florida to consider and act on the above described property; 5. That site visits to the property are necessary by City representatives in order to process this application and the owner authorizes City representatives to visit and photograph the property described in this application; That (Itwe), the undersigned authority, hereby certify that the foregoing is true and correct. ('.arl niial Varht rnr; Property Owner J1 PropertyDwner (= STATE OF FLORIDA, COUNTY OF PINELLAS the undersigned, an officer duly commissioned by the laws of the State of Florida on this a Y1_ _ day of W , a00 personally appeared - f Yl p who having been first duly swom nd says tha he she fully understands the contents of the affidavit the she signed. _ I? My Commission Expires:' / g --,)- /0-? s° AY POBC?c r0 + .... TEMPI SAVOtE MY COMMISSION # DD 232334 * * AM EXPIRES: August 22, 2007 , Bonde ThmB Notary Services S:IPlanning DepartmentlApplkation FormSldevelopment revleMMMIbte development application 2005.doc Carlouel Yacht Club April 4, 2006 Mr. Wayne Wells, AICP City of Clearwater Planning Department Municipal Services Building 100 South Myrtle Avenue Clearwater, FL 33756 RE: FLD2005-09094 1091 Eldorado Avenue Clearwater, Florida Dear Mr. Wells: s •? t t =? • 1t This letter serves as our cover letter to the revised application and re-configuration of docks at Carlouel Yacht Club. The revised plans are a result of the need for the docks to be within an additional submerged lands lease which the Club negotiated with the State. Additionally, the current proposal for three (3) 70' by 10' wide docks originally consisted of four (4) 70' by 10' wide docks. We eliminated the northernmost 70' by 10' wide dock in order to accommodate some of the concerns of the neighborhood. The northernmost dock is now seventy-six feet (76') from the extended property line. We believe this reconfiguration satisfies most of the neighbors' specific objections; however, there remain some neighbors and members who would prefer us not to have any additional berthing spaces. The Club worked diligently to negotiate a compromise with a core group of objectors; however, no compromise was enough and no counterproposals were ever made by the objectors Very truly yours, CARLOUEL YACHT CLUB, INC. Robert M. Thompson, Jr. Commodore Cc: Roger Haymond, Manager Theo Karaphilis, Vice Commodore 1091 ELDORADO AVENUE 9 CLEARWATER, FLORIDA 33767 • (727) 446-9162 • FAX (727) 441-2309 ORIGINAL Flexible Development Application Written Submittal Requirements a. Use and compatibility i. The proposed dock will contribute to the comfort, convenience and necessities of the members of Carlouel Yacht Club, as the additional structure will allow for larger boats (yachts) to dock along the seawall and smaller watercraft will have navigational access and dockage on the new floating structure. ii. The proposed dock will be in harmony with the scale and character of adjacent properties and the neighborhood in general. The dock will facilitate the club members' boats for transient vessel mooring and will not exceed the scale of the large waterfront width and open water that surrounds the Carlouel Yacht Club. The proposed docking facility will also be within scale to neighboring floating dock facilities. iii. The proposed dock will be compatible with other commercial floating dock facilities in the general vicinity. b. Impacts on existing water recreation activities. The proposed structure will have no adverse impact or discourage the existing uses of the adjacent waterway, as the the waterway width is 3,000 + ft. This width provides ample area for navigation for all vessels. The proposed structure will occupy less than 25% of the allowable distance of the waterway width. c. Impacts on navigation. There will be no detrimental effect on the use of adjacent waters for navigation due to the ample open waterway. d. Impact on marine environment (please see attached benthic report.) i. The bay bottom in the proposed area is a sandy bottom with no sea grass and the shore line has no mangrove at the seawall. Therefore, boat access routes will do no damage to the surrounding area. ii. The docks will not have an adverse impact on sea grass bed, as the area of the docks has a sand bottom and the depth of water will not support sea grass. The new dock will provide a good habitat for fish. e. Impacts on water quality. i. Maneuvering of boats in this area will have adequate water depth and have more then F of water below the bottom of boats at mean low water. ii. The dock will not cause any erosion or shoaling of the channels or affect the water quality presently existing and will not hinder any improvement of water quality in the proposed location. 6J Nov 0 7 2005 PiAi NWMr** .? .1,1 1AENT CBY OF cLI ?1d!AIATER 0 0 f. Impacts on natural resources. (see attached report) i. The docks will not have an impact on natural resources (i.e.: sea grass), as none exists this time and the shore line has a seawall with no mangrove. ii. There will be no adverse affect on vegetation as there is none in this area and the water depth will not allow grass to grow. g. Dimensional standards i. Setbacks: The property width is 678.4'. Center 1/3 is 226.13 feet from right or left property lines. A deviation on the left side is needed due to the location on the existing fixed dock and upland utilities and walkways that exist. The dock will be 76 feet from the property line. A letter of no objection from Patrick Beyer, the left property owner, is attached. ii. The length will be 80 feet from the seawall. The property width is 678.4', the code allows 75% of this width. The current request is well under the 508.8' allowed by code. Therefore there is no deviation from the code. iii. The width of the dock new and existing is 264 feet. The current code allows 75% of the property width The proposed structure does not require the 508.8 allowable feet, therefore does no deviate from the current code. h Publicly owned facilities The property is a privately owned yacht club and no roof is proposed for this structure. U UV L? DJ ?' 1FE3 1 112006 PLA?dra;r?,^, 8. GE: v???r?? ?r?r S Carl®uel Yacht Club November 7, 2005 City of Clearwater Planning Department Municipal Services Building 100 South Myrtle Avenue Clearwater, FL 33756 RE: FLD2005-09094 1091 Eldorado Avenue Clearwater, Florida Pursuant to our meeting of November 3, 2005 with the DRC, please be advised that before putting in service the relocated floating dry dock, we will provide fire protection in accordance with NFPA 303. Fire protection for the existing dock facilities is provided and we will modify those facilities to provide fire protection for the relocated dock. Thank you for your consideration, CARLOUEL YACHT CLUB, INC. Robert M. Thompson, Jr. Commodore Enclosures 1091 ELDORADO AVENUE 9 CLEARWATER, FLORIDA 33767 9 (727) 446-9162 9 FAX (727) 441-2309 09/07/2BBF -tumor 81366400 BIOLOGICAL RESEA* PAGE 02/02 Department of ORIGINAL Environmental (Protection (I'virlouel Yacht Club CJo Allen Burdett ;31;10 US Highway 301 North, Suite 160 T21mpa, FL 33619 File No.: 52.0216157-003 Applicant: Carlouel Yacht Club Dear Mr. Burdett- Southwest District 31304 Coconut Palm Drive Tampa. Florida. 33619 Colleen M. O istllle Secretary (i11: This is to acknowledge receipt of your application on October 14, 2004, for an Individual Environmental Re!3ource permit pursuant to Chapter 373, and 403, Florida Statutes, to construct an additional 900 square feet of decking and increase the total number of wetslips from 21 to 30 at the Carlouel Yacht Club. The project is located at 1091 El Dorado Ave., Clearwater, Section 32, Township 28 South, Range 15 East, Pinellas County, within Clearwater Harbor in the Pinellas County Aquatic Preserve. Class III Outstanding Florida Waters. This letter constitutes notice that a permit will be required for your project pursuant to Chapters 403 and 373, Florida Statutes. Your application for a permit is complete as of August 5, 2005, and processing has begun. You are advised that the Department under Chapter 120, Florida Statutes, must take final action on your application within ninety (90) days unless the lime is tolled by an administrative hearing. This staff assessment is preliminary and is designed to assist in the review of the application prior to final agency action. The comments provided herein are not the final position of the department and may be subject to revision pursuant to additional information and further review. If YOU have any questions, please contact me at (813) 744-6100, ext.331 _ When referring to this project, please use the file number indicated. Sincerely, ohanna Miller Envilonmental Specialist H Environmental Resource Management Southwest District ?LANMA 5G.,i,'1n1%61 J1ENi Ctrl OF "Marc Protection, Less Process" SE' 0, r: F I!Vk? _l F'1?J,146.i i..'??a ?.•' Primed on F"Ied paper. 08)[.15/2005 10:08 72746151 PAGE 01 C I T Y O P C L B A R W A T E R CI.FrRWATER MUNICIPAL MARINA, 25 CA175F.WAY B0ULrNAR1), CLEARWATER, FLORIDA 33767 Tr.I.F.PHONE (727) 462-095" FAX (727) 462.6957 ORIGINAL & AvIATION DEPARTMENT Ms. Cathy D. Litscher August 16, 2005 Environmental Specialist II Dept. of Environmental Protection 3804 Coconut Palm Drive Tampa, FL 33619 Subject: Carlouel Yacht Club Dock Relocation & Extension Dear Ms- Litscher Representatives from the Carlouel Yacht Club have submitted a request to relocate a previously permitted 10' wide by 212.9' long metal floating dock, and an additional 10' wide by 101.7' long metal floating dock extension further into the Mandalay Channel waterway. The City does not oppose this request but reserves the right, should Dunedin Pass ever be re-opened either by act of nature or legislation, to require a re- evaluation of the dock location at such time. If in the future the pass is opened and the waterway depths and dynamics are such that vessels moored on the outboard (east ) side of the dock or the dock itself encroach on a proposed channel we would request that said dock be moved back (west) so as not have moored vessels encroach on said channel. I would like to thank Carlouel Yacht Club for their efforts to accommodate more boaters as it not only relieves some traffic burden from the roadways, it provides a much needed increase in access to one of our many waterfront activities. Their presentation to and cooperation with the City of Clearwater Marine Advisory Board were very much appreciated. The City of Clearwater supports Carlouel Yacht Club's request contingent on their willingness to relocate the docks if necessary as stated above. I can be reached at (727) 462-6954 extension 22 if I can be of further assistance. Since , ., _? ? ,=1? William D. Morris Nov 07 2005 Marine & Aviation Director FRANK HIAj;tlq; MAYOu?_ -Jr DII.1. Jowm, Vlfr.-MAYOR JOHN DOKAN. COUN.II.MPN111M i I[1Yr HAMII;-ruN, CouNC16MEM11PR CAIU.rN A. NI!Tr.R9EN, C0uNC11.M1_'MUER "EQUAL I3MPLOYMNNT AND ArwnMA'nvT ACTION EMPLOYK11•" 5 • (ADD 1• C` .,? _ - _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ' - _ _ - - - - - _ -.- - gal Dock T E .74 neo?Tfo ? 4 r - l l 145??\, / _ :.I I r•.a•v1-jc? cR I?? ill t1_2 V- 6x(srcu4 f0'XltBH"FI.*0rtdV b. II r_ _ - .^^? ?xu l c,,c •9 l• ' . • • ` ,:9 ?` ? - ? racy ?., j `P?'1.-_ \,J??" ? CASE # ?Ll? Lou S- 0 90 q¢ ORIGINAL CASE TYPE RECEIVED DRC DATE I a a_? FEB 0 8 2006 CDB DATE. 411 VD .0 SITE PLAN APPROVED SIGNATURE Jo! rj- PLANNING DEPARTMENT DATE] CITY OF CLEARWATER Slime ??elv? - O(A. 'c; o P a 6 H E T, il?xi n3 :aa ai e g r, 1055 a Eby Esp. Hm - Cl.FhtWar?L • Ih? ?-oF used s-Irucfw-e. Wilk be secw-ed I i k? ?r?.vrous ly -? nstalled . . ___ -I-hese T11 i rig wilt be. secured b y wa teX j eti-? r,C? 1 r)to _ r ?1pOm ?n1? Q rillni mUm yr ?pF'F_ ?nc{rc?ti orz of 90cd bolt°??? - - ?_ 7otJC5 p.re `V placed -?-hrou9?? P1hn9 9LAaCICS Which S e.cu res 4ii-e docks place . Manatee Basics for BO?X-(-r „,,-? `. .4 0 0 0 0 0 m r i API, • 0 BENTHIC SURVEY Carlouel Yacht Club Prepared for: Bob Thompson 1230 S. Myrtle Ave. Suite 301 Clearwater, FL 33756 Submitted by: Woods Consulting, Inc. 1714 County Road 1, Suite 22 Dunedin, FL, 34698 Office: 727-786-5747 Fax: 727-786-7479 Email: billwoods(c-woodsconsultinq.orq y LO L OCT 0 7 2005 11 October 6, 2005 Woods Consu ting Environmental Permitting Marine Engineering Hydrogeology Land Planning October 6, 2005 Bob Thompson 1230 S. Myrtle Ave. Suite 301 Clearwater, FL 33756 1714 County Road 1, Suite 22 Dunedin, FL 34698 Re: Benthic Survey Report for Carlouel Yacht Club, 1091 El Dorado Ave., Clearwater, FL Dear Mr. Thompson Woods Consulting, Inc. performed a Benthic Survey for your site at 1091 El Dorado Ave., ' Clearwater, FL. The surveys were performed on October 5, 2005, under the guidance of Senior Scientist, Sherry Bagley. The entire submerged property was assessed by swimming to evaluate submerged aquatic resources. The survey area exhibits a soft, sand bottom with a large amount of detrital (dead) material, mostly unrooted seagrasses on the northern portion of the property. The southern portion has a coarser, ' crushed shell bottom. The shoreline is completely seawalled and some scattered riprap has been placed at the base of the wall. Barnacles (Balanomorpha) were observed on the seawall and the existing pilings. Several juvenile fish species including Sheepshead (Archosargus ' probatocephalus) and Striped Mullet (Mugil cephalus) were observed. Other benthic organisms included a lightening whelk (Busycon contrarium) and sea whips. No seagrasses were observed. Please see the attached figure which displays the survey area. If you have any questions, please call. ' My Regards, 1 Sherry Bagley Senior Scientist ' Woods Consulting, Inc. PACarlouel Yacht Club (238-05)\Benthic\benthic reportmlod Office: (727) 786-5747 Fax: (727) 786-7479 Email:billwoods@woodsconsulting.org } I Depths at MLW WOODS CONSULTING, INC. CARLOUEL YACHT CLUB SCALE:1"=100' 1714 COUNTY ROAD 1. SURE 22 B E N TH I C SURVEY WATERFRONT WDTH IDTH 723 00' DUNEDIN FL 34698 MHW +1.38' MLW -0.62' PH. (7275 786-5747 FAX (727) 786-7479 SHEET -I- Thu, 06 Oct 2005 - 8:40am P:\Carlouel Yacht Club (238-05)\CAD\Master.dwg Sent By: dex 855; r 8888877; 15 Nov 99 11:48PM;Job 76; Page 1/1 STATE Of thw- Th i 6` is Cic :: of c;rcuit DeputN 61erR ORIGINAL SEP 23 2005 IUI Sent By: dex 855; 8888877; 15 Nov 99 11:39PM;Job 75; Page 1 JW KLO1078 PAa1(4 ?l4??Li'I? o?P '^!IS TAMENFi'URS, Made this 5th day of June. A.D. 1946 eJi^T?a vA.4LOU.°.L COITANT, a corporation existing under the lows of the 3tnto of Florida, having its principal place of buainasa In the County of Pinellas and State of Ploridat Derty of the first part, and CAR14URL YACHT CORPORATION, a Florida Corpora- tion, of the County of Pinellas one State or Florida, party of the second part, '11T::ISSIETE, that the said party of the first part, for and in consign-ntlon of the sum of Ton Dollars, to It in hand paid, the racelpt whereof is hereby salmor*edgsd, has granted! bargained, sold, aliened, remised, saleascb, OOAvmye4 and 0onfiro00, and by tt:ose preaonts doth grant, bargain, sell, alien, remise, release, convey and confirm unto the said part of the second part and Its successors or hssigns forever, all that certain parosi of land lying and teing in the County of Pinellas and. State of Florida, more perticulnrly described as follows! LOT "?I7f (12) and the NORVIMLY Offs-ITALY (Nlly-i) of TAT =v1:% (11), with all i ri and w• o s 1PAte I.Lln? ad 11 921101 11VUE °st'r'?• t7VI 0 . acooraiza to tbv an, or plat Ahersof as recorded in Plat book Fourteen (li) pages Thirty-two(36) to Thirty-five (35) Inclusive of the public records of Pinellas County, Florida. Also. LOTS SIX: (6) to ZLEM(11) inclusive in BLOCK 0`:° Mrr•,"o St-MTY-011;; (171), according to a replat of flocks 65, 56, 71, 72, 73, 71 a 75 of Ysndalaj, as re- corded in "lnt book Twenty (90) on page rifts-seven 157) of the public records of Pinellas County, Florlae, together with pert of tote FOM (4) and rrn (5) of said Block 171 And -nter Tot Gne (1) , s*cord Ing to said plat, and an unplettai strip of Ladd north of said Let Ilaven (11) ^ with all eppu:-tenant riparian arms, more deflaittlZ de- aswido as to lows`- Restnnia nt s I+orth corner of said Lot Sloven (111 end continuing thence Northerly slang the projection of its •"eat boundary,:91x (6) feat, to intersection with the South boundary of Mandalay Point, aaeerding to the plat of ttils l^tterly nened sabdlvislon, recorded in Plat book '.wenty 120) pe;e Sixty-stSht (68) of the public records of Pinellas ?;ounty; 73oride; thence Lastsrly along the South boundary of 1/andalay Point Subdivision to navigable water in Clenrwntar Day; thence Southeasterly along the line of new-able water, to intersection with an tAsterly projection of the Northerly boundary of Carloaal, accord- ing to the plot of said sub(Iivision. roe rdmd in Plat book Twenty 120) pages Sixty (60), $Ixt one 161) and Sixty-two (52) of the publio:rooords of Muslims County. Florida; thence Westerly along this projeotion and the said Northerly boundary of Carlouel to o point whlab bears North 55 5e-30" Lest Two hundred thirteen and eighty-four hno4re4tbe (813.61) feat from the Northwest corner or lot four (1) In Block Two hundred seventy-one (171) of said Carlouel Subdivision; thence North 10111300 Went, six and two-tenths (6.2) feet; thence South 59 171380 West. Two hundred eighteen and three-tenths (216,3) feet, to the Westealong boundary of said Lot sire (5) mud thence Northerly the Westerly boundaries of sail tots 5, 6, 7, S, 9, 10 and 11, to the point of beginning. Together with all the tenements, heredltu!ants mud oppurtenaneos ORIGINAL SEP 2 3 2005 Sent By: dex 855; 8888877; 15 Nov 99 11:40PM;Job 75; Page 2/8 =01,079 md(4 with every privilege, right, title, interest and estate, reversion, remainder and easement thereto belonglnd Or In anywise appertain- ing. TO HAIL' *M TO HOLD the acme to fee simple forever, srasp% %bet said grant'or:oonleyanes shall be sublset to the rollowisg rsstrtojlons and conditions, *sob or said restriotions to be deemed covenants ruining with the leddi to will 1. The proper, mast his operated for a period of five (5) years as a Club, or onger is substantially the same manner to whiah said property is now being operated as the Cerlouel Yacht Club by the Cnrloual Company. i Z. All of the property hersihabove described shall be held by the Cerlouel Yoobt Oerp,intaot far not lees than five (s) years. 3. At the end or five (5) years the oarlomel Taeht Corp. may convey said property to a company or individual for operation exolvsively no a club in ohs sass manner In whioh property is now being operated os the:Carloual Tasht Club by the Cmr10u81 Company, provided approval is first secured from the Cerlouel Company. 4. :. t. the end of five (S) years, if the property is not used or so11 for Clu: purposee me Wei% prodded, all building, and eq,tipnent roust be removed ana the property say then be sub- divided for one femlly rssldential purposes and each deed of *an- ' veyenaa must onntain the memo reatrietloas as are now contained in the 400.19 covering property previously sold by the Cerlouel Company. 5. I in understood and agreed that the lands hersinabove described at no time shall be used or operated as a hotel, apert- maut house or lodging house. And the said party of the first part, Its suooeamors or assigns do hereby fully warrant that the title of the amid lands to from and elear of all Inou9brances including taxes for the year 1943 and prior thereto and will defend the angle against the lawful claims of all persons whomsoever. IR e/rrR"s *=10? the said pyart7 of the first part has Caused tbese preseats to be sigaed in its name by its Presldant, and its corporate weal to be f +-ei?riT affixed, attested by its Secretary. the day and year shore written. ?}rlfotai!e b ss i l CAh1DAE OMPAA", A no Lr oration ri•' -It st t Bye su oa p , b etary a er, es. legal.) 9irsed. Sealed and Delivered in Our Preeemeet At . ,? eexi la.!es. e.' y ORIGINAL ?? SEP 23 2005 U? Sent By: dex 855; IKLO11/'78 t;(lit?G 8888877; 15 Nov 99 11:41PM;Job 75; Page 318 STATI OF FIMIDA) ) ) COMITT OT PIII°LLAS) I H-=T CSRTITrt That on this d -day of June, A.D. 1946, before me peTSOtlA3ly appeared T. C.. TAUM and IIAUL F. OARWUXL COURANT, aeoorpotioe under ethe laws sof t e State of Florida to me known to be the persons deseribed in and ¦ho ezeouteb the foregoing oop?eyenoe to CAIMOUM TACRT CORPORATION, A Florida Corporation, and ss?erellr aaknotrledg*4 the exeoution thereof to be their free aol and deed as auoh offioers for the uses and purnoses tners.le mentioned; and that they affized thereto the orrlolal seal:of said oorporation, and the said instrument is the sot snd deed of sat; oorporatlon. Clearwetor, In the Cou ty;of Pinellas, and State of Florida, y the day And yosr last aforesaid. r Gy Coeoalssion S$1•lree h filed lot rwrd ?a.?s?t. 7 st ?Q`?•'"(e im Wk eaw rlete sd M rre d eerllld. Gil 1 of IM Gp.wydClwLCowl. Fbellet Gouty, Flerlde. of .. .. » .. f ORIGINAL Sent 8y: dex 855; 8888877; 15 Nov 99 11:41PM;Job 75; Page 418 k' 1y '15 8 D 2 C' A` 0 t r. . .' ,.y? . tp, oARLOJXi COMPANY, a Plorida oorporatlon, grantor herein, , a.. o be recorded in Plat Book 20, Pags.; ,o-61'and 82 inclusive, ,la lublia Records of Pinellas;County* 82o>,ida?. a map or plat of ' 416iik Subdivision, and YRiBREAS tthe said grantor is the owner o1 various lots In said J? !>ru`?adYrisfon acdording to said map`,or plat, and is.also the owner of 'lpta located in Blocks Sixty-taro (62) and Sixty-eight (60) of Mandalay Subdivision, and has, prior to this dedioat-an, executed varicnis deeds of conveyance of loty to various persons, and WIMIZ AS the aeV Ertrntor is dosirous that all persons purchasing lots in Car-loual SubdlvLolon, or in 31vQk4 E17-t7-two 07) ard'Sixt7. eight (60) of i,;antlalu, :,hJ vlalon, from the grantor, Anil all persons ocburyin- pr^miaoo 1:. Oarlouol Subdivision and in Blocks Sixty-two (62) and 31•'t7-olght (6C) at't.'andilay Subdivision, which premises were ourehased frnr! t"L-a -rc.ntor, shall have access and a right-or-way-APL-1 from their roapoct've Iota to the oulr of Mexico, and shall r.avo bite ; full and eomplote right to enjoy the beach on said Oulf of 1Aox1co, at 'NITNE93ETIT, HFR :•:a Olt:{, :1 49C : -SETTS j ' k The rrnntor, trj t'teac preaonts, hereby conveys and confirms i. unto the occupants of any nn?l every lot or tract of real ostate lo- cated 1rt Ce^louel Subdivision, as shown by map or plat thereof, re- oordod in Plat Book .^.u, Pa:vs 60,:61 and 62 incluelve, of too Public '., Rooords of Pinellnn County, '.'loritln, and the grantor by theca pre.;ents hereby convoys and confirms unto the aaoupant¦ of any and every lot jl or tract of real estate located in Blocks 62 and 68 Of Mandalay .j Subdivision as shown by a map or plat thereof readrded among the y ,.?. blRaftooorda of Finellas CcunTy, elOrlda, which iota or tracts e 1.1 10 $ .ragl astato wars purehsiid fr +,??.. .. •• oa the qarYyuax'Co4a»y, • Olorid? {rpor;on, the grantor lorelri: a- '' tDa iolioi SINee',oj`q>???Y,?;??0?: .. ii fig; n3?li'Ddt1d??5a N!Y•'e?Plbir?Yr?'?4i1?a'J7Ri:.s:r'.'ai?w0! iz"•• x ?'M t *• a $si¢!J?lU ?wto9!mFla: P`wblis ' w 1, ! a .; LOr -T; twr•b.. am:?'.?...' u ' (`? :'J?it' -X:???7... ref IVA aa. ORIGINAL ?(?C??dL SEP 23 2005 ICI Sent By: dex 855; 8888877; 15 Nov 99 11:44PM;Job 75; Page 518 ?;?.'?' ?1nf `• tea; for the purpose of having aeests to _he tint of Mexico and,to".the } ?a yoaoh abutting the char of IlaxIao as sho*n on the map or plat. •Y.:± Just above referred to, it being the intention of the. grantor, h': that the lots above indicated shall bo wad for'no purpose other c. than insuring a continuous right-of-way to the Gulf of MOXSOO to the persons herainebove tlesCrlbed, A It is the further intention of tf+n grantor that the fee simple Fdtlo tr.0ir.. renl ostctc rl:cio described shad remain ant: k be vooted in thn -rnntor haroln, its oucceesorn or aseinns, subject only to th.n r11*1it or ar.,nornnt herein referred to, and ronervee the i rlgttt to transfer or convey tho real estate above described, nub- ject only to tho,covenants herein contained. IN WITNESS WHLRE•'OY the grantor has caused these proaente to be signed in its nemo by its President, and its corpornte seal D??yq y fixed, at.tonte•.l by its Bo'rctary, this the say of 4 ?aAli, a ' CAALOUEL COUPARY ?4,t `f, CC A n7 ed, sealed onU de- a n ;r livered in the preacnco oft rn,.??. ATITSTi Sea o STATE OF FLO9111A 0 COON;-L Ov P11'!EIJA3 gf 0 `e. I AEnEHY c;?N MT.., Thet n l del of Janv , C 1D 7, poroorally appear ed and kly President and 304 cnry o ar cue ompat2T, a corpora 1,01 -ra ?, br Uve of the State of P'lor ds, to ale krmm to be the persona n and who executed the fore Clog dedioation, and severally d the exooutlon:thereof to their free set and died as E >< t era, for the uses and purposes therein ationedf and that a thsreco the official seal or aaiQd$ oration, and the "' r.. Nt111414 nstrument is the act: and deed of• 14 a ?Lion. r: WITN28S ap signature ind.official.ei*1 at 01o44rwater Ia to ` Co P ede and State of Plori? UP ds?'{ntl.7sas fast .sforess},y1 RSA,s;,'? ri Vnd, a1 twit '.' .,,? ern . ? , ? r .??? :? ,.arge, Yy o0 AS anY`e°aAir9119i1 - •?. ?gFp fOR RECORO.??f?i10.@?INII?lOOKIIO'f? ABOYE. A r YdJJArf. CLFJIK 0[,illE CIIOpIit COtlRT:lNIEI}At . COIINIy,iLOR1D?l rt?s8???m+e.o.?AWi? ORIGINAL, Hl? ?SEP 23 2005 U Sent By: dex 655; 8888877; 15 Nov 99 11:46PM;Job 75; Page 618 wr I r i r.r+,p.y.Yg rge rrrr...c rr.en, nnewre ?aitila lffA ,+r..Mi..AylRMrig...gN\.e M .3 hi V It'. J16110 this stn day of June A. A. li 46 Bet*Cen aARLOMM CoIBANY, its existin4 under the laws r of the stets of Florida, having ts principal place of business iii P VAIhe Lbantp o/ Pinellas and Scots of 71olSda party o/th@Arst part, end CARLOM YACHT CORFMATZ014 a oarporation axlating under the laws of the State of Florida, having its principal Place of business In wt IAr Vosn/y n/ Pinellas and R/a(e o Florida port y r./ the -nand part. i wttnewth, that I.Ae sai(f l,ar! T at the first Part, /Of earl In ennsldetallan Y,/ the $moos o/ Ten--------- :_.....?_---_...--------------------- J)ol/ers, to It !rr Aand paid, ?Ae ?eeelp( s,berstrJ is Aspbr seknas,lar/jed, As e jrunl-J.harybri...•.1.sablandtraJrts/irrrd.sndby these pressnIs dath jroat,Ssrjain. Prll ant/ !rung/pter ngtn the wrild Pali T of the setand paps end its successors o A'an /JISSY1RSjlatrr, nil lhal rnKein p.trrel of load tytwj and batij la the drspribed is /rdt..raru earl state e/ ?7o a; pears particularly Lot 13, Block 70, Mandalay Subdivision, according to mop and plat thereof recorded in Plat nook 14. page 3S to 35 inolualve, of the publie records of Pinellas County, Florida. This conveyance Is lial:ted to whatever right, title and interest party of the r1ret part ma have in the foregoing desoribed proporty and subJeot to: all of the eesastents and rights granted under a certain lnstrunsnt reoorded in Deed Reoord 762 page 41 I of the public records of Plnellwn County. 7lorida.- a .1 To Other o•il/r .Jll the trn?nrrrt lr, hrrr./irwe,Ints d ref rpfr, tljGr. JiNr, tJ.Mr an rrn,a n..rina,ifdrr nl•/attirwnorrs. u/1/r and r,.Iwrr, ./apr?enr/ rijht o/dau•rr. rtPerriaw, ' cad eyrewunt Ihrrrt.I lithrrrLgn j "r in snynisr apprrfelw/wp: To Have an(I to Ifaill the sowJr in /rr dapple/„reJ.r. In Wltti cas whetLort th grrJ hn?t , the rh?t/w nd rvr /l?st pall has Aeresnla a !'(+t s+rlitat s eQ tbura ; presents to be signed le its ' 91Ksed, geeld and Itell.rred !w <Arr t'?ra? e T•'?? ?? :a4rix:?; t?[e:YiB°6?`3ta secretary. I 7 f, I` ORIGINAL SEP 2 3 2005 IU Sent By: dex 855; 8888877; 15 Nov 99 11:47PM;Job 75; Page 718 WIN u nta 8 nUJ . 1 State or Florida, 1 t-IDuBly of 4 1 HEREBY CF."TiFY, rhat nn thi, Joy of before me pe.r.onullte al Neared ! to rite. knau•n it, fee the lrer.on dee,ribed4n and who apsotrfed the fore.frdnp oo•r- „ rayon ee fo . and etewrol%y aeknowledfed rleatrlion lherr»f to Jas /rots set and deed for the Wee Wad PHTPoere therein mentioned: and the said the rM/e a/ the •nid ' too a a,parrtte alert private raomionlion Token and tune./e; I'm and before free, and relearrnlrlp nn•1 apart trestle her preld heuband. 'lief nrknon•lowle thief the marls hersel/a party It, the ,ahl Amt o/ C""Veyanrr /re. the impte"...: of rrn„nriaf, relieu/abrhirr f nod rvnr- eyinf alt her rifles, title and irolrrr,l, rchother of dnn•ar nr of erpoMts Pr,y.rrty, ,tithe. Cory nr rgnilable, ire and Pre the hunt/p: therein drio-W.rd, and that gibe. rtrerr t? raid deed frerly tried e•,h,ntarity, anti a:iihoaf onti reeneiralal, frier. apprehregiesn err eornppUdnn .,t or from her .,rid hn.Lae,ti ?A, FM from .ifaafare r•ad r,Qlrial part of In the t'ueanty girt anrt State of ftortda, the day and !trot laff afe'rn aid. ,1/m l'ntn nri.pian Extairr•,. :.?idary 111dotie 1 ? w uo 0 tC9M [aW-4!DA ,... - - -? --_ ._......taesZdsY aoTUtrm00 Af JJ 1 •pToaesoa• '4.OT des Pao top Ova 'OPT:aTi Jo •ana;r oty?moo v14% 'ao4exavejp a• tote T•T•tiiJo vat •sel%s4e. `. aoT%•aodao• vTas Jo POOP pmhot PTos OQa Pao 'aoTavxodxoa PTao Jo Tee's. T•1OTilo 0141 a•aa pow I pevol%vow UToaeua Ooaod=4 yuw sown oN'5/ Deep pa• ISO Ova,{ 11643 04 04 .7004014% »oTt'ns•so 6R% PII• "011Yxad? JXDYJL '0tn078TO 0% 9414• aaa00 Pq Pa• oT POQTx•OOP avowed ova O4 0a daim or 00. SB O=d arvT ORA aeptth oOTlvaodsoo t f ttY0100 -OrIjrfO i A Oa sdaa: ' 0a1tr11 'i 'MY& Pa• >t MV4 Y S tossed O° T •aoJOtt ?900T 'a'Youlkt Jo t•P 4%9 •1R% vo %•v; '.7Liii?O tfa[t00i i gwnvvu is /taatwo M111 for peeori ?4 oba" me ue a ...tin i M 91?: ?at?. .. PIN11" cower. neelb. .... __ _ r . •+ !. • .. , . . . ORIGINAL. 1 II SEP 2 3 2005 LEASE AREA DESCRIPTION -0 A PARCEL OF SUBMERGED LAND LOCATED IN SECTION 32, TOWNSHIP 28 SOUTH, RANGE 15 EAST, PINELLAS COUNTY, IN DUNEDIN PASS, CONTAINING 39,541.1 SQUARE FEET, AS SHOWN ON. THE ATTACHED SKETCH, LABELED AS EXHIBIT Al, PREVIOUSLY DATED JUNE 13, 1988, AND AMENDED OCTOBER 16, 1988, AND LOCATED IMMEDIATELY WATERWARD OF THAT UPLAND PROPERTY WITH THE FOLLOWING LEGAL DESCRIPTION: LEGAL DESCRIRTION LOT TWELVE (12) AND THE NORTHERLY ONE-HALF (N'LY 1/2) OF LOT ELEVEN (11), TOGETHER WITH ALL RIPARIAN AND WATER RIGHTS LYING ADJACENT TO OR CONNECTED THEREWITH, IN BLOCK SEVENTY (70) OF MANDALAY SUBDIVISION, ACCORDING TO THE MAP OR PLAT THEREOF, AS RECORDED IN PLAT BOOK FOURTEEN (14), PAGES THIRTY-TWO (32) TO THIRTY-FIVE (35) INCLUSIVE OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA. ORIGINAL ALSO, LOTS SIX (6) TO ELEVEN (11) INCLUSIVE IN BLOCK ONE HUNDRED SEVENTY- ONE (171). ACCORDING TO REPLAT OF BLOCKS 65, 66, 71, 72, 73, 74 & 75, of MANDALAY, AS RECORDED IN PLAT BOOK TWENTY (20), ON PAGE FIFTY-SEVEN (57) OF THE PUBLIC RECORDS OF PNELLAS COUNTY, FLORIDA, TOGETHER WITH PART OF LOTS FOUR (4) AND FIVE (5) OF SAID BLOCK 171 AND WATER LOT ONE (1), ACCORDING TO SAID PLAT, AND AN UNPLATTED STRIP OF LAND NORTH OF LOT ELEVEN (11), WITH ALL APPURTENANT RIPARIAN AREA, MORE DEFINATELY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTH CORNER OF SAID LOT ELEVEN (11) AND CONTINUING THENCE NORTHERLY ALONG THE PROJECTION OF ITS WEST BOUNDARY, SIX (6) FEET TO INTERSECTION WITH THE SOUTH BOUNDARY OF MANDALAY POINT, ACCORDING TO THE PLAT OF THIS LATTERLY NAMED SUBDIVISION, AS RECORDED IN PLAT BOOK TWENTY (20), PAGE SIXTY-EIGHT (68), OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA; THENCE EASTERLY ALONG THE SOUTH BOUNDARY OF MANDALAY POINT SUBDIVISION TO NAVIGABLE WATER IN CLEARWATER BAY; THENCE SOUTHEASTERLY ALONG THE LINE OF NAVIGABLE WATER, TO INTERSECTION WITH AN EASTERLY PROJECTION OF THE NORTHERLY BOUNDARY OF CARLOUEL, ACCORDING TO THE PLAT OF SAID SUBDIVISION, RECORDED IN PLAT BOOK TWENTY (20), PAGES SIXTY (60, SIXTY-ONE (61). AND SIXTY-TWO (62) OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA; THENCE WESTERLY ALONG THIS PROJECTION AND THE SAID NORTHERLY BOUNDARY OF CARLOUEL, TO A POINT WHICH BEARS N 5554'30" E, TWO HUNDRED THIRTEEN AND EIGHTY-FOUR HUNDRETHS (213.84) FEET FROM THE NORTHWEST CORNER OF LO FOUR (4), IN BLOCK TWO HUNDRED SEVENTY-ONE 271, OF SAID CARLOUEL SUBDIVISION; THENCE N 01'1 '? SIX AND TWO-TENTHS (6.20) FEET; THENCE S59'47'3B' W. TWO HUNDRED EIGHTEEN AND THREE-TENTHS (218.3) FEET TO THE WESTERLY BOUNDARY OF SAID LOT FIVE (5); AND THENCE NORTHERLY ALONG THE WESTERLY BOUNDARIES OF SAID LOTS 5, 6, 7, 8, 9, 10, AND 11 TO THE POINT OF BEGINNING. r LEASE AREA #1 BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: ?'? FROM THE SOUTHWESTERLY CORNER OF LOT 1A, MANDALAY POINT SUBDIVISION, AS RECORDED IN PLAT B wy?- 20, PAGE 68, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, AS A POINT OF REFERENCE, THE CE"' RUN N 78'28'22" E ALONG THE SOUTHERLY LINE OF SAID LOT 1A, A DISTANCE OF 98.43' TO AN INTERSECTION WITH THE EXTERIOR FACE OF THE EXISTING SEAWALL FOR A POINT OF BEGINNING; THENCE CONTINUE N 78'28'22" E. A DISTANCE OF 22.54; THENCE S 3251'10" E. A DISTANCE OF 247.71'; THENCE S 55'20'05" W, A DISTANCE OF 21.0' TO THE INTERSECTION WITH THE EXTERIOR FACE OF THE EXISTING SEAWALL; THENCE N 32751'10" W. ALONG SAID EXTERIOR FACE, A DISTANCE of 256.6' TO THE POINT OF BEGINNING. LEASE AREA #2 BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: FROM THE SOUTHWESTERLY CORNER OF LOT 1A, MANDALAY POINT SUBDIVISION, AS RECORDED IN PLAT BOOK 20, PAGE 68, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, AS A POINT OF REFERENCE, THENCE RUN N 78'28'22" E ALONG THE SOUTHERLY LINE OF SAID LOT 1A, A DISTANCE OF 98.43' TO AN INTERSECTION WITH THE EXTERIOR FACE OF THE EXISTING SEAWALL; THENCE S 32'51'10" E ALONG SAID EXTERIOR FACE, A DISTANCE OF 256.6 TO THE POINT OF BEGINNING'; THENCE S 37'15'42" E. A DISTANCE OF 229.8'; THENCE S 70'35'11" W, A DISTANCE OF 30.78' TO THE INTERSECTION WITH THE EXTERIOR FACE OF THE EXISTING SEAWALL; THENCE N 37'15'42" W. ALONG SAID EXTERIOR FACE, A DISTANCE OF 221.7'; THENCE N 55'20'05" E ALONG SAID EXTERIOR FACE, A DISTANCE OF 29.33' TO THE POINT OF BEGINNING. m 0 T ? S E R 2 3 2005 LEASE AREA #3 (PROPOSED) BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: FROM THE SOUTHWESTERLY CORNER OF LOT IA, MANDALAY POINT SUBDIVISION, AS RECORDED IN PLAT BOOK 20, PAGE 68, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, AS A POINT OF REFERENCE, THENCE RUN N 78728'22" E ALONG THE SOUTHERLY LINE OF SAID LOT 1A, A DISTANCE OF 98.43' TO AN INTERSECTION WITH THE EXTERIOR FACE OF THE EXISTING SEAWALL; THENCE CONTINUE N 78'28'22" E. ALONG THE EXTENTION OF SAID LINE, A DISTANCE OF 22.54' TO THE POINT OF BEGINNING % THENCE CONTINUE N 78'28'22" E, A DISTANCE OF 78.37'; THENCE S 32'51'10" E, A DISTANCE OF 207.02; THENCE N 57'08'50" E. A DISTANCE OF 54.95'; THENCE S 32'51'10" E, A DISTANCE OF 80.0% THENCE S 57'08'50" W, A DISTANCE OF 143.75'; THENCE N 37'15'42" W. ALONG A LINE BEING PARALLEL TO AND 29.3' EASTERLY FROM SAID EXTERIOR FACE, A DISTANCE OF 67.35' TO THE POINT OF BEGINNING. SHEET 1 OF 3 460 BLTREES UNIT 9 UNEDENI. FL. 34698ET (727)734-3821 EVANS LAND SURVEYING, INC. 1D SURVEY TYPE DATE INV. NO. I HEREBY CERTIFY THAT THE SKETCH REPRESENTED HEREON MEETS THE MINIMUM REQUIREMENTS OF DESCRIPTIVE SKETCH OF DOCK LEASE 07-09-04 2004-401 CHAPTERS 61-G17-6 OF THE FLORIDA ADMINISTRATIVE CODE 2004-527 . REVISE LEASE SKETCHES & DESC 09-20-04 REVISE LEASE AREA 3 11-09-04 2004-660 ?,,,.,,?I 1Z..I-z?_d[I yr 1 X REVISE LEASE SKETCHES & DESC 12-13-04 2004-713 • ?VA111NS JOHN C BINDER LARK L . . FL. REG. O. 2937 FL. REG. NO. 4888 (SURVEY INVALID WITHOUT EMBOSSED SEAL) BY: LLE CRD FILE: CAD FILE: CARLOUEL YACHT CLUB- * vp??' 9 Carlouel Yacht Club December 30, 2005 ? D Mr. Wayne Wells, AICP City of Clearwater Planning Department Municipal Services Building 100 South Myrtle Avenue Clearwater, FL 33756 RE: FLD2005-09094 1091 Eldorado Avenue Clearwater, Florida Dear Mr. Wells: DEC 3 0 2005 When notices went out to the adjacent property owners concerning the additional mooring facilities for our floating dock, several of them were concerned that an extension beyond 94 feet from the seawall would impede their progress when going north and south alongside our dock to their various residences. We met with the owners in the area, listened to their requests and agreed to eliminate the outboard section of the dock and the one berthing space for the big boats. With this modification, we eliminated 808.5 square feet of floating dock. Please see revised plan attached. It is our understanding that all of our neighbors understand that we need more accommodation for our small boats so that members can come. to the Club in their small boats. Mainly this occurs on the weekends, as you know these are only daytime dockings. Please contact me at (727) 446-2200 if you need additional information. Very truly yours, CARLOUEL YACHT CLUB, INC. Robert M. Thompson, J? Commodore Cc: Roger Haymond 1091 ELDORADO AVENUE • CLEARWATER, FLORIDA-33767 • (727) 446-9162 • FAX (727) 441-2309 • Carlouel Yacht Club October 5, 2005 City of Clearwater Planning Department Municipal Services Building 100 South Myrtle Avenue Clearwater, FL 33756 RE: FLD2005-09094 1091 Eldorado Avenue Clearwater, Florida Dear Sirs: OCT072005 Two (2) years ago the City of Clearwater, Pinellas County and the Department of Environmental Protection (DEP) permitted us to install a floating dry dock alongside our seawall at the above referenced location. The purpose of the dock was to provide tie-up facilities for small boats belonging to members that could then come to the Club by water thereby lessening motor vehicular traffic and parking requirements. The dock has worked extremely well but we did not realize that in providing the tie-up facilities for our members we were violating our commitment to the Florida Counsel of Yacht Clubs to provide a minimum of four (4) tie-up'spaces for visiting boats of forty (40) feet. These visiting boats had historically been tied up along the seawall and since there is no other location for them to tie-up they now tie up alongside the floating dock and as a result we have lost all of our small boat moorings along the dock. To alleviate this condition we made application to the DEP requesting permission to move the dock approximately sixty (60) feet out from the seawall and to provide access to it through another floating dock per the attached plans and as shown on the survey included with our application. This will allow us to be in compliance with the requirements of the Florida Counsel of Yacht Clubs to provide for tie-up for larger boats along the seawall and at the end of the access dock, to utilize the existing floating dock for tie-up of our members' small boats on both sides of the relocated floating dock, and to provide an additional nine (9) slips for our members. After months of working with the DEP the attached survey and plan was developed and we provided all of the criteria necessary for our permit application. A final determination should be made on or before November 5, 2005 per their attached letter. We also presented our plan to the City of Clearwater Marine Advisory Board who supports our plan as indicated by the attached letter from the Director. Your approval of our application will enable us to make application for a County permit, the final application needed to complete the permitting process. Thank you for your consideration, CARLOUEL YACHT CLUB, INC. Robert M. Thompson, Jr. Commodore Enclosures 1091 ELDORADO AVENUE 9 CLEARWATER, FLORIDA 33767 • (727) 446-9162 * FAX (727) 441-2309 • ORIGINAL. Patrick Bayer I.160'Mfudalay roli" Clearwater-Beach, VoHdu 33767 June 8, 2005 M. s. Mis'tie T. Forehand Department•of jffnviro"mental Protection Southwest District 3804 Coconut P41ni Drive Tampa, .Florida 33619 Dear Ms. ,Forehand, As a.neighbor adjacent to the Carlonel Yoehi Club on ttie.north side, ,i have reviewed and approve of the dirbs',pl4rh for,riinvM9"ft_exirstingAlOng dock 6P of lite seawall to accontmOdcate mooring on both sides of -the dock Sinc ely, Patrick Beyer" SEP 2 3 2005 Si?P't" t Receipt #: 1200500000000012810 Date: 12/28/2005 12/28/2005 11:16:01 AM Line Items: Case No Tran Code Description Revenue Account No Amount Paid FLD2005-09094 04 Flex Continuation 010-341262 75.00 Line Item Total: $75.00 Payments: Method Payer Initials Check No Confirm No How Received Amount Paid Check CARLOUEL YACHT CLUB C_O 9906 In Person 75.00 Payment Total: $75.00 THIS IS NOT A PERMIT. This is a receipt for an application for a permit. This application will be reviewed and you will be notified as to the outcome of the application. cReceipt.rpt Page I of 1 ORIGINAL FLD2005-09094 1091 ELDORADO AVE CARLOUEL YACHET CORP. Date Received: 09/23/2005 IR(l . 11 I ZONING DISTRICT: I LAND USE: INS ATLAS PAGE: 227A MSEP 2 2005 PLANNER OF RECORD: WW CLWCoverSheet i ? • Carlouel Yacht Club July 31, 2006 Mr. Wayne Wells, AICP City of Clearwater Planning Department Municipal Services Building 100 South Myrtle Avenue Clearwater, FL 33756 RE: 1091 Eldorado Avenue Clearwater, Florida Dear Mr. Wells: Now that the appeal has been dismissed we are applying to the County for the dock permits as approved by the City. We need the City stamp on our application and I would appreciate if you could accommodate us in this matter, so we may go forward and file the necessary documents. Thank you for your support over these many months with this matter. Very truly yours, CARLOUEL YACHT CLUB, INC. Robert M. Thompson, Jr. RMT/dmh 1091 ELDORADO AVENUE • CLEARWATER, FLORIDA 33767 • (727) 446-9162 • FAX (727) 441-2309 Direct all correspondence to: Clerk, Water and Nation . Control Authority Application 9 3'15 Court Street Clearwater, FL 33756 (OFFICIAL USE C N14Y) COA1Am'RCLA:L ANA 1A ,TI-USE DOCK :HERMIT APPLICATION PINEELL.A S COLU,,= WATER AND NTAVIGATION CONTROL AUTHORITY Please tjpe, or hand print in BLACK ink 1. PROPERTY OWNER IN'FORIVIA1ION: A. Applicant's Dame: CA,t i-l 04-i- YAGlt7' C L cJR G ID - B. 1\Iailing Address: -t091 X:- CL !) OAA DO 411ft City: CJL0AP- wAT64 State:. t- Zip: 33 767 C. Telephone No.(s): 727 `ey6 ° 9/&,Z 1-1. AGENT INFORINIATION: A. ;Fame: 'c>6Ek-r r1J6M1?!S'6AJ B. Address: 1230 S. MY 7-4 X 4 se TAS 36( Cite: CLEA,?VJAT6f- State: I-'-L Zip: 3376C C. Telephone No.(s): 72-7- V Y& 2ZbO III. SITE IN-FORMATIO : A. Construction Site Address: I o 41 E LJbof-! 6 A V,6 Cite: C 1 ,?A? wAr?,? _ B. Intended Use: YA,::!NT ?LAJ d b 1) c k ;-14 C. Parcel ID Number: 3Z / 2 / 6- / VW 726 D. Incorporated: 19' unincorporated: CCAFA9-WAT'60- E:. Affected waterbody: C tw5A 0-LdA7-15g- HA49 62 F. Previous Permits: CA X 7°7/-7t M'Itp/2 - 79 RC 7./292 - 21/ Cb ?a &29-v3 G. Date applicant assumed property ownership: / I A16 month/year H. Obstructions: (dogs, fences, etc.) No Ale 1. Attach 8-1/2" k 11" vicinity map showing specific project location. J. All other information pursuant to P.C.O. 90-19 (amended), Section 10.9, as needed. .K. Does the project abut residentially zoned property? 'ies ' No U L. For projects requiring a public hearing, attach a cgpy of the complete legal description. D46, D:arv=?av1.15!,•:T;CC's?'ti 5 'iE;c Application # _ (OFFICIAL USE ONLY) IV. PROJECT DESCRIPTION: MULTI-USE ® COMMERCIAL C7 A. Nature and Size of Project: i-?Ki Arc. 2- (OK 7o f?o,tT???9 f?o?.?c ?•?? / - x5(? 6-0AT i^Jg with A 46210' 6Ae14 WAaf oFF 44%4 Eu?sri.?g FLoAr,.,r oe -!r Square feet: 2t B. Variance: Yes ® No 0 Amount in variance: Leng h: ' Width: Setbacks: L R Other: NOTE: It is the applicant's responsibility to clearly demonstrate that any requested variances are consistent with the variance criteria of the Pinellas County Water and Navigation Control Authority Regulations. The applicant must submit a written variance request outlining the nature of and need for any variances. The applicant must demonstrate that a literal enforcement of the regulations would result in an extreme hardship due to the unique nature of the project and the applicant's property. The hardship must not be created by action(s) of the property owner(s). The granting of the variance must be in harmony with the general intent of the regulations and not infringe upon the property rights of others. The variance requested must be the minimum possible to allow for the reasonable use of the applicant's property. Should the applicant fail to demonstrate that any variance request is consistent with the criteria outlined in the regulations, staff cannot recommend approval of the application. V. CONTRACTOR INFORMATION: I? f?o 9F,e,7- )r Ss , a certified contractor, state that the dock has not been constructed and that it will be built in compliance with all requirements and standards set forth in the "Rules and Regulations" of the Pinellas County Water and Navigation Control Authority, and in accordance with the attached drawings which accurately represent all the information required to be furnished. In the event that this dock is not built in accordance with the permit or the information furnished is not correct, I agree to either remove the dock or correct the deficiency. Signed: Cert. No.: C- X1/92- Company Name: 1?e5:SS Inmel-"Var Telephone No.: 72-7-gY6- A9 V,1- Address: -'135 1410?. LAWS AV& G'?GGEfFi2 Cc- ,R?7o G VI. OWNER'S SIGNATURE: I hereby apply for a permit to do the above work and state that the same will be done according to the map or plan attached hereto and made a part hereof, and agree to abide by the "Rules and Regulations" of the Pinellas County Water and Navigation Control Authority for such construction and, if said construction is within the corporate limits of a municipality, to first secure approval from said municipality. I further state that said construction will be maintained in a safe condition at all times, should this application be approved, that I am the legal owner of the upland from which I herein propose to construct the improvements, and that the above stated agent/contractor may act as my representative. I understand that I, not Pinellas County, am responsible for the accuracy of the information provided as part of this application and that it is my responsibility to obtain any necessary permits and approvals applicable for the proposed activities on either private or sovereign owned sub er and. Date Lega « er's Signature o mmoD o?6 o4ev:n z?7lENVlJ'utJ.?: ?cose7 «e-s< Al-U T1-USE/COAB CLA-L DOCK. MHW MDA' BOTTOM Profile View ENG. SCALE: Y" - - N _ I Plan View (applicant and adjacent docks) SEE r, ?,AC ff, 5-:- D TOTAL SQUARE FEET 49-A-41# NEW SQUARE FEET 2 C> t to a1+ WATERWAY WIDTH t f?ep WATERFRONT NT`IDTH (P-7? -'+ SHORELIR'E :klunicipality Approval Water and Navigation Approval Engineer's Seal Zoning Approved CITY OF CLEARWATER P Aj?iNING EP BY ?/V DATE M(SZ-vD&-07D10 • Application # (OFFICIAL. USE ONLY) 6&-reI . iI?ks pael':Da•irr;vr.a?ta:7 C„-.53.3 4 2, 9- O W a 1? M v7 LU ° e M U Lij fl ? ? Q U z N - U Z- 6pr 0 < S \ "r'" / LY CT \ L ?j rl. r ? Q3 vm . IJ IN r`?,.' It Application 4 (OFFICIAL USE ONLY) DISCLOSURE FOPM In order to alleviate any potential conflict of interest with Pinellas County staff, it is required that the Authority be provided with a listing of PERSONS being party to a trust, corporation, or partnership, as well as anyone who may have beneficial interest in the application which would be affected by any decision rendered by the Authority. (Attach additional sheets if necessary.) A. PROPERTY OWNERS: Name: CHR.LouEl. YACH-r CLJB Name: _ Address: _1091 E.LJea Ar AJG Address: Cc.6Air- WRT-r- 2 Fc- 3'2 Dame: Name: Address: Address: B. REPRESENTATIVES: Name: 'Rp8E21- T-h 0 /61./. 6A I`'ame: Address: 1230 5. MyAT-Za Add - Sd„^E361 Address: C LEA2w14r le Fc. 3 3 7 SG Name: Name: Address: Address: C. OTHER PERSONS HAVING OWNERSHIP INTEREST IN THE SUBJECT PROPERTY: Interest is: contingent LED absolute O Name: specific interest held D. DOES A CONTRACT FOR SALE EXIST FOR THE SUBJECT PROPERTY? YES NO If so, the contract is: contingent LO absolute Name of parties to the contract: E. DOES AN OPTION TO PURCHASE EXIST FOR THE SUBJECT PROPERTY? YES ? NO ? Name of parties to the option: F. OWNER'S SIGNATURE: I hereby certify that the information stated above is complete, accurate, and true to the best of my knowledge X I? Date ' Go n? cDo tL o:awo an?r?:,ta: +n rro cse5 ales: 0 LEGAL, DESCRIPTION: so, Lots Six (6), to Eleven (11), inclusive, in Block One Hundred Seventy- ;;one (171), according to a.replat of.Blocks:65;'.66, 711 72,,'1.3, 74, and 75 '6f.3-indalay, as recorded in Plat Book 20, Page 57, Public Records of. Pinellas :'County, Florida, together with part of Tats Your ..(Q and Five (5) of , said Block 171 and.Water Lot One (1), according to said plat., and an unplatted strip of land North of.said Lot Eleven (11) with all applt riparian area, more definitely described as follows: Beginn4.ng at the North corner of said Lot Eleven (11)- .and continuing- t1ience Northerly along the projection of Its, West. boundary,,. Six.(6)..:feet, to inter- :section with:the South.. boundary of c•S, n: ay' Point, according: to- the plat of .this latterly namaa subdivision, recorded in Plat Book 20, Page 68, Public ;.Records of Pinellas County, Florida,,thenoe Easterly along the South boundary of Mandalay. Point Subdivision to navigable f' Clearwater, Bay., thence .Southeasterly along the line of navigable water, to interse Lion with an East- erly projection of the Northerly boundary of Carlouel"y accordingg.to the plat of said subdivision, recorded in Plat Book 20,,Pages-.60, 61,. and 62, Public Records of Pinellas County, Florida, thence Westerly alonI..this.projection .and the. said Northerly boundary of Carlouel to a point which bears North 55° X4:'.30," .Easti Two Hundred Thirteen .and Eighty four HmI:dredths '(213..84) f Qn front.. Northwest oorriez of Lot 4,. m Block 2.71, pf said..G-L. 1oue.? . lx thence North 1011130" West, Six and 'I?tenths (6.2) feet;". thence South 59047' 38" West, Two Hundred Eighteen and Three-tenths (218.3)`feet, to-the-Westerly boundary of said Lot 5; and thence Northerly along the westerly boundaries of said Lots 5, 6, 7,-8, 9, 10, and 11, to the Point of Beginning. 0 'Lot Twelve (12), Thirteen (13), and the Northerly ? of Lot Eleven (11), :together with all riparian and water rights lying adjacent to or connected :: therewith, in. Block Seventy (70) of ii U AL Y. SUBDIVISIQN, according to the map or plat thereof as recorded in. Plat Book 14`, Pages 32 .tro 35 'inclusive, Public Records of Pinellas County,' Florida. EXHIBIT "A" LEGAL DESCRIPTION • 0 Wells, Wayne From: Clayton, Gina Sent: Wednesday, June 14, 2006 4:39 PM To: Wells, Wayne; Thompson, Neil Cc: Watkins, Sherry; Delk, Michael Subject: FW: Dismissal of Arnold DOAH Appeal Importance: High FYI -----Original Message----- From: Dougall-Sides, Leslie Sent: Wednesday, June 14, 2006 4:31 PM To: Delk, Michael; Clayton, Gina; Call, Rosemarie; 'ggrimes@hwhlaw.com' Subject: Dismissal of Arnold DOAH Appeal Importance: High We just received a Notice of Dismissal of the Arnold DOAH appeal [Carlouel Yacht Club dock application]. It appears that the Club and neighbors have resolved their differences. Thank you for your assistance with this appeal. a Wells, Wayne From: Wells, Wayne Sent: Tuesday, April 25, 2006 3:34 PM To: 'rcompan3@tampabay.rr.com' Cc: Thompson, Neil Subject: FW: Appeal of CDB Decision FYI -----Original Message----- From: Diana, Sue Sent: Tuesday, April 25, 2006 3:28 PM To: Delk, Michael; Clayton, Gina Cc: Wells, Wayne; Dougall-Sides, Leslie; Watkins, Sherry Subject: Appeal of CDB Decision An appeal of the CDB's decision of 4/18/06 re 1091 Eldorado Avenue - Carlouel Yacht Club Dock Expansion was just filed by Johnson, Pope, Bokor...... . Sue Diana f' CITY OF CLEARWATER p/ PLANNING DEPARTMENT f 1= [] ,',?Y POST OFFICE Box 4748, CLEARWATER, FLORIDA 33758-4748 i MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756 TELEPHONE (727) 562-4567 FAX (727) 562-4865 RANGE PLANNING blf; -r.TOPMENT REVIEW April 19, 2006 Mr. Robert Thompson 1230 South Myrtle Avenue, Suite 301 Clearwater, FL 33756 RE: Development Order - Case No. FLD2005-09094 - 1091 Eldorado Avenue Dear Mr. Thompson: This letter constitutes a Development Order pursuant to Section 4-206.D.6 of the Community Development Code. On April 18, 2006, the Community Development Board reviewed your request for Flexible Development approval for the expansion of an existing commercial dock by adding three floating docks (two 10'x 70' and one 10'x 76' floating dock additions) to the existing 10'x 250' floating dock for transient vessel mooring, with a reduction in side (north) setback from 226.13 feet to 76 feet, under the provisions of Section 3-601. 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 under the provisions of Section 3-601. 2. The proposal is in compliance with other standards in the Code including the general applicability criteria per Section 3-913. 3. The dock development is compatible with the surrounding area. Conditions of Approval: 1. That the floating dock be for the exclusive use by members and guests of the Carlouel Yacht Club, that boats moored be transient and that there be no commercial activities at the docks (bait sales, vending, etc.); 2. That the City reserves the right, should Dunedin Pass ever be re-opened either by act of nature or legislation, to require a re-evaluation of the floating dock location at such time. Such re-evaluation would include, but not be limited to, waterway depths and dynamics such that if the dock or vessels moored on the outboard (east) side encroaches into a proposed channel, such floating dock be moved back (west) so as not have moored vessels encroach on said channel; 3. That dock-supported signage be permanently installed containing wording warning boaters of the existence of protected sea grasses and manatees in the vicinity; 4. That lighting be installed at each of the eastern ends of the floating dock to make the floating dock more visible to recreational boaters at night; 5. That a building permit to install fire risers on the floating dock acceptable to the Fire Department be submitted prior to Planning Department sign-off on the County dock permit application. Prior to completion of the floating docks additions, the fire riser permit shall be finalized; and DRANK HIBBARD, MAYOR EIl.I. JONSON, VICE-MAYOR JOHN DORAN, COUNCILMEMBER H(.)Yf HAMII:LON, COUNCILMIiMIiIiIt ® CARLIiN A. PI3I7iRSIiN, COUNCILMliMBER "EQUAL. EMPLOYMiNT AND AFFIRMA'I'IVI., ACTION EMPLOYER" i April 19, 2006 Thompson - Page 2 • 6. That a copy of the SWFWMD and/or FDEP Permit, Corps of Engineer's Permit and proof of permission to use State submerged land, if applicable, be submitted to the Planning Department prior to commencement of construction. Pursuant to Section 4-407, an application for the Pinellas County dock permit shall be submitted to the Planning Department for signoff within one year of Flexible Development approval (April 18, 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. Additionally, an appeal of a Level Two approval (Flexible Development) may be initiated pursuant to Section 4-502.13 by the applicant or by any person granted party status within 14 days of the date of the CDB meeting. The filing of an application/notice of appeal shall stay the effect of the decision pending the final determination of the case. The appeal period for your case expires on May 2, 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! Sincerely, ' w We Michael Delk, AIC Planning Director Cc: Patrick T. Maguire S:IPlanning DepartmentlCD BIFLEX (FLD)IInactive or Finished ApplicationslEldorado 1091 Carlouel Yacht Club 2005 Dock Addition (I) - ApprovedlEldorado 1091 Development Order.doc 0 0 Wells, Wayne From: Wells, Wayne Sent: Thursday, April 06, 2006 10:02 AM To: 'rcompan3@tampabay.rr.com' Subject: FLD2005-09094, 1091 Eldorado Avenue Mr. Thompson - Attached is the Staff Report that we are sending to the CDB. The CDB meeting will be at 1:00 pm on Tuesday, April 18, 2006. Wayne Eldorado 1091 Staff Report for... /.7E .a f`. CJ Y j`i°?,". 1111/// LONG RANGE PLANNING DEVELOPMENT REVIEW Mr. Robert M. Thompson, Jr. 1230 South Myrtle Avenue Suite 301 Clearwater, Florida 33756 March 22, 2006 Re: Community Development Board Meeting (Case No. FLD2005-09094 - 1091 Eldorado Avenue) Dear Mr. Thompson: The Community Development Board (CDB) at their meeting on March 21, 2006, continued the above referenced request to their April 18, 2006, meeting. The request is for Flexible Development approval for the expansion of an existing commercial dock by adding three floating docks (two 10' x 70' and one 10' x 76' floating dock additions) to the existing 10' x 250' floating dock for transient vessel mooring, with a reduction in side (north) setback from 226.13 feet to 76 feet, under the provisions of Section 3- 601, for property located at 1091 Eldorado Avenue. If you have any questions, please do not hesitate to call Wayne M. Wells, AICP, Planner III, at 727-562- 4504. Sincerely, ichael e k, Al Planning Director S: (Planning DepartmentlC D BIFLEX (FLD)IPending casesl Up for the next CDBIEIdorado 1091 Carlouel Yacht Club 2005 Dock Addition (1) - 4.18.06 CDB - WWIEldorado 1091 CDB Continuance Letter 3.22.06.doc FRANK HIBBARD, MAYOR • 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 BII.1. JONSON, VICI?-MAYOR JOHN DORAN, COUNCIIMEMIIER HoYL• HAMII:LON, COLINCIIMEMIIER ® CARLEN A. PETFRSIiN, COUNCILMEMBER "EQUAL EMPI.OYMIiN"I' AND AFFIRMAI•IVLi A( ('ION EMPLOYLiR" PATRICK T. MAGUIRE • Attorney At Law Certified Circuit Court Mediator 1253 Park Street Clearwater, Florida 33756 Via Facsimile (727) 562-4865 March 20, 2006 Mr. Wayne M. Wells, AICP Planner III City of Clearwater, Planning Department 100 South Myrtle Avenue Clearwater, Florida 33756 Re: CDB Meeting March 21, 2006 Telephone: (727) 442-3838 Fax: (727) 446-3741 ECOVE MAR 2 2 2006 PLANNING & DEVELOPMENT SERVICES CITY OF CLEARWATER Case No.: FLD 2005-09 094 / Agenda Item: D-1 Owner Applicant: Carlouel Yacht Club 1092 Eldorado Avenue Clearwater beach; Florida Dear Mr. Wells: This letter is a follow-up to my correspondence of March 17, 2006. Thank you for meeting with me on March 17, 2006. I appreciate your assistance in helping clarify the legal position of some of the neighbors. This letter is sent to reinforce my client's position that Carlouel Yacht Club is not a non- conforming usc. Section 1-106.C. provides that my client's property is a permitted use and was not rendered non- conforming solely because the procedure for approval has changed through the adoption of the Development Code. The City Commission placed an Institutional Zoning upon my client's property with full knowledge of its use as a social club which is a specifically authorized use in the Institutional Zoning District, (see definitions) Again, while Carlouel may have some non-conforming structures, the use of the property does correspond with a "permitted use" for its zoning district and has not been rendered non- conforming by the adoption of:the Land Development Code. Mr. Wayne M. Wells March 20. 2006 Page 2 • At the time I met with you on Friday, I was unaware that you had not authorized the dissemination of the current staff report on the pending application. I learned on Friday that you had substituted the update for the staff recommendation within the original staff report. Obviously, because of the issuance of the update and the failure to disseminate the recommendation of the staff report, we cannot go forward with the hearing on March 21, 2006. My client hereby requests that the current application be rescheduled for the April Community Development Board hearing. Thank you for your cooperation this matte., Sincerely, PTM/snp cc: Robert Thompson "Mar-20160' 10:32am From-RICHARDS G ATTYS 72T-446-3741 PATRICK I. NIAGUIRE Attorney At Law Certified Circuit Court Mediator 1253 Park Street Clearwater, Florida 33756 Via Facsimile (727) 5624$65 March 20, 2006 Mr. Wayne M. Wells, AICP Planner III City of Clearwater, Planning Department 100 South Myrtle Avenue Clearwater, Florida 33756 Re: CDB Meeting March 21, 2006 Case No.: FLD 2005-09 094 I Agenda Item.: D- 1 Owner Applicant: Carlouel Yacht Club 1092 Eldorado Avenue Clearwater beach, Florida Dear Mr. Wells: This letter is a follow-up to my correspondence of March 17, 2006. T-T42 P.02/03 F-502 Telephone: (727) 442.3838 Fax: (727) 446.3741 Thank you for meeting with me on March. 17, 2006. 1 appreciate ye-ur assistance in helping clarify the legal position of some of the neighbors. This letter is sent to reinforce my client's position that Carlouel Yacht Club is not a non- conforming use. Section 1-106.0. provides that my client's property is a permitted use and was not rendered non- conforming solely because the procedure for approval has changed through the adoption of the Development Code. The City Commission placed an Institutional Zoning upon my client's property with full knowledge of its use as a social club which is a specifically authorized use in the Institutional Zoning District, (see definitions) Again, while Carlouel may have some non-conforming structures, the use of the property does correspond with a "permitted use" for its zoning district and has not been rendered non- conforming by the adoption of the Land Development Code. ' Isar-20-06 10:32am From-RICHARDS 9Y ATTYS Mr. Wayne M. Wells March 20.2006 Page 2 727-446-3741 • T-742 P.03/03 F-502 At the time I met with you on Friday, I was unaware that you had not authorized the dissemination of the ctment staff report on the pending application. I learned on Friday that you had substituted the update for the staff recommendation within the original staff report. Obviously, because of the issuance of the update and the failure to disseminate the recommendation of the staff report, we cannot go forward with the hearing on March 21, 2006. My client hereby requests that the current application be rescheduled for the April Conununity Development Board hearing. Thank you for your cooperation in this matter. Sincerely, PTM/smp cc: Robert Thompson ' Mar-20-0 10:31am From-RICHARDS G0 ATTYS 727-446-3741 • T-742 P-01/03 F-502 PATRICK T. MAGUIRE Attorney at Law 1253 Park Street Clearwater, FL 33756 (727) 4423838 Fax: (727) 446-3741 FAX INFORMATION SHEET DATE SENT: March 20, 2006 TIME SENT: 10:30 A.M. TO: Mr. Wayne M. Wells FROM: Patrick T. Maguire REFERENCE: CD13 Meeting March 21, 2006 Case No.: FLD 2005 - 09 094 / Agenda Item: D-1 Owner Applicant: Carlouel Yacht Club 1092 Eldorado Avenue Clearwater Beach, Florida NO. PAGES: -3„ (Including cover) FAXED TO: 562-4$65 PLEASE NOTE _X_ WILL FOLLOW IN MAIL WILL NOT FOLLOW IN MAIL FOR YOUR INFORMATION _ FOR YOUR FMVIEW & COMMENTS PER YOUR REQUEST _ PLEASE SIG14 AND RETURN PLEASE TELEPHONE ME UPON RECEIVING NOTICE: The information contained in this facsimile message is attorney privileged and confidential information intended only for the use of the individual or entity named above. Ifthe reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copy of this communication is strictly prohibited. If you have received this communication in error, please immediately notify us by telephone and return the original message to us at the above address via the U.S. Postal Service. Thank you. LEE COUNTY v. KIESEIL Fla. 1013 Cite as 705 So.2d 1013 (Fia.App. 2 Dist. 1998) The District Court of Appeal, Harris, J., held deed is merely a misnomer subject to correc- that fact questions regarding grantors' intent tion. See, for example, Gelber v. Cappeller, precluded summary judgment. 161 Cal.App.2d 113, 326 P.2d 521 (1958); Reversed and remanded. Pruitt v. Ferguson, 224 Va. 507, 297 S.E.2d 714 (1982) (deed to nonexistent person is a valid conveyance to the intended but rnis- Judgment (8-181(15.1) named grantee if such a person exists and if Fact questions existed regarding which the intention of the parties can be ascer- party grantors intended to be the recipient of tailed). certain property conveyed by deed, preclud- ing summary judgment. Robert G. Murrell of Sam E. Murrell & Sons, Orlando, for Appellants. Robert J. Pleus, Jr. of Akerman, Senterfitt & Eidson, P.A., Orlando, for Appellee. HARRIS, Judge. The question before us is whether, as in horseshoes, the one closest is the winner. If so, was the trial court right in granting sum- mary judgment finding, in effect, that the Pentecostal Assemblies of the World, Inc., an Indiana corporation, was the closest? For the following reasons, we reverse the sum- mary judgment. In 1946, Lula Campbell and S.C. Camp- bell, her husband, deeded certain property in Titusville, Florida, to Pentecostal Tabernacle Assemblies of the World, Inc. Board of Trustees: Elder Harmon Frazier, Elder S.C. Campbell, Elder Samuel Oliver, and succes- sors. There was at the time no church in- corporated under that name. However, Harmon Frazier, S.C. Campbell and Samuel Oliver were trustees of an unincorporated church which subsequently incorporated un- der the name of Apostolic Tabernacle Church of Titusville, Florida, Inc. There is no showing in the record as to what the church's name was in 1946. On the other hand, there was incorporated in Indiana a church named Pentecostal Assemblies of the World, Inc. which claims to have been some- times known as Pentecostal Tabernacle As- semblies of the World, Inc. We have held that a deed to a nonexistent grantee is a nullity. Daniels v. &erwg, 513 So-2d 250 (Fla. 5th DCA 1987). However, both parties argue that in this case there is a lalid grantee but that the designation in the Appellee, the successor of the Indiana church, suggests that the incorrect designa- tion was a scrivener's error resulting from the insertion of the word "Tabernacle" and that the Indiana church was clearly the in- tended grantee. But the fact that the named trustees were not trustees of the Indiana church seems to negate this contention. There are too many disputed facts to de- termine the grantors' intent as a matter of law. An evidentiary hearing will be re- quired. We therefore reverse the summary judgment and remand to the trial court for an evidentiary hearing. If the intent of the grantors can be determined from the evi- dence, then the court should so indicate and reform the deed. If such intent cannot be determined, then the deed should be held invalid. REVERSED and REMANDED. PETERSON and THOMPSON, JJ., concur. w O SKEYNUPIBERSYSTEM T LEE COUNTY, Florida, a political subdivision of the State of Florida, Appellant, V. Edward C. KIESEL and Lorraine T. Kiesel, husband and wife, Appellees. No. 96-05137. District Court of Appeal of Florida, Second District. Feb. 6, 1998. Property owners brought inverse con- demnation action against county, alleging .F i 0 0 ' C Fla. 05 ' ITY v. LEE KI ES F,I. Cite as 705 So.2d 1013 (FIa.App. 2 Dist. 1998) court concluded that 795 (F1a.1957). The county cites Hayes be- " Th e the said property. roximate result of such cause it affirmed the denial of an upland nd t di p a rec "as a substantial and material interference, the owner's action for an injunction against a 's construction of a landfill that t y market value of the Kiesel property has sub- private par decreased, having been estimated would interfere with the land owner's ripari- tiall l Ki y stan Plaintiffs' expert real estate appraisal wit- an s ese right of view to the channel. The i by cu- ness as being in the range of $194,250 to cite Hayes because it recognized this part and described its breadth ht i $227,200." lar , g property r eral terms as a case by case factual [2] We reject the county's argument that in gen determination. there was no physical taking here; that, We hold that the common law riparian since the bridge did not physically rest upon the Kiesels itself ert l rights to an unobstructed view and access , y prop any of the Kiese were entitled to compensation only if the to the Channel over the foreshore across toward the Channel must be t bridge construction substantially ousted ers the wa ized over an area as near `as practi- them froin or deprived them of substantially recogn ble' in the direction of the Channel so as all beneficial use of their property. That test would apply if this case involved a "regulato- ca to distribute equitably the submerged land and the Channel. the u t b ly taking", in which a land owner's use of his d been restricted by government h p ween e lands This rule means that each case necessarily a property regulation. See, e.g., Florida Game and must turn on the factual circumstances d and no geometric theorem t Fresh Water Fish Co112'n v. Flotilla, Inc., 636 e there presen be formulated to govern all cases. An So.2d 761 (Fla. 2d DCA 1994). But this was ulatory taking. Rather, this case t a re can upland owner must in all cases be permit- h f g no involved an actual physical intrusion to an ' e t ted a direct, unobstructed view o nel and as well a direct, unobstructed Ch property appurtenant right of the Kiesels Palm Beach County v. Tes- Cf hi an means of ingress and egress over the fore- . p. owners sler, 538 So.2d 846, 849 (F1a.1989) (although shore and tidal waters to the Channel. If revented i ht i none of property owner's land was physically , s p s g the exercise of these r taken, owner was entitled to compensation the upland owner is entitled to relief. when retaining wall built by county caused a * * + * ?' substantial loss of owner's appurtenant right In making such `equitable distribution' the of access to property.). Court necessarily must give due consider- [3,41 Owners of uplands along navigable ation to the lay of the upland shore line, waters enjoy common law riparian rights, the direction of the Channel and the co- one of which is the right to an unobstructed relative rights of adjoining upland owners. view over the water to the channel. These 2d at 801-02. 91 So rights constitute property, which the govern- not take or destroy without paying ment ma . When affirming the denial of relief to the y just compensation to the owners. See Thies- 78 So 28 l property owner, the Hayes court limited its the effect of the landfill specifically t li . , a. Ma, v. Gulf, F. & A. Ry. Co., 75 F ett u Central and Southern 491 (1917) Pad ru o ng as proposed. The court observed that "[i]f g ; Florida Flood Control Dist., 178 So.2d 900 the fill should be extended in a southerly ' (Fla 2d DCA 1965). re- direction so as to interrupt appellants . Shorelines do not often neatly parallel maining view of or approach to the Channel, ht then have substantial mi ll t channels, and property lines are not always nnels h g an s appe grounds for complaint. 91 So.2d at 802. It . a Perpendicular to shorelines or c it is impossible to devise a rule Consequently thus appears that in Hayes the court applied , for every case that would define the physical to the riparian right of view a test that was it later articulated with parameters of the riparian right of view or similar to the one nd owner's appurtenant right l establish what degree of intrusion would con- a respect to a onstitute a compensable ob- t stitute an obstruction. In this regard, both parties rely on Hayes v. Bowman, 91 So.2d o c of access: stiuction of the riparian right of view, the interference must be more than a mere an- noyance. It must substantially and material- ly obstruct the land owner's view to the channel. Cf. Tessler, 538 So.2d at 849 (loss of the most convenient access to property is not compensable where other suitable access continues to exist; loss of access is compen- sable when, considered in light of the remain- ing access, property owner's right of access has been substantially diminished). In this case the trial court found that the bridge substantially and materially interfered with the Kiesels' riparian right of view. Our examination of the record confirms that this finding was amply supported by the evidence at trial. The Kiesels' expert testified that eighty per cent of their view to the channel was obstructed by the bridge. We agree with the trial court's conclusion that this was substantial and material Finding no merit in the county's other issues, we affirm the order under review. CAMPBELL, A.C.J., and FRANK, J., concur. t . j . CWEVE- NUMBER SYSTEM Kevin WAGLAND, Appellant, V. STATE of Florida, Appellee. No. 96-02025. District Court of Appeal of Florida, Second District. Feb. 6, 1998. Probation was revoked by the Circuit Court, Hillsborough County, Bob Anderson Mitcham, J., and probationer appealed. The District Court of Appeal held that evidence failed to establish that probationer willfully 1. Criminal Law x982.9(5) Evidence failed to establish that proba- tioner willfully and substantially violated sec- ond community control order's special condi- tion prohibiting him from having contact with any child under age of 16 years when his children were dropped off at his trailer unex- pectedly, so as to trigger revocation of proba- tion, where there was no evidence that pro- bationer initiated contact with his children, nothing refuted testimony that children were dropped off unexpectedly at his residence, and nothing refuted testimony that proba- tioner and his fiancee were told by former probation officer that he was still allowed to have supervised contact with his own chil- dren after second order was entered. 2. Criminal Law c-982.9(1, 5) Violation of probation must be willful and substantial, and must be proven by greater weight of evidence, in order to trig- ger revocation of probation. 3. Criminal Law x982.5(1) Any ambiguity in probation condition imposed at sentencing will affect state's abili- ty at later date to establish willful violation of that condition. James Marion Moorman, Public Defender, and Robert D. Rosen, Assistant Public De- fender, Bartow, for Appellant. Robert A- Butterworth, Attorney General, Tallahassee, and Michael J. Scionti, Assistant Attorney General, Tampa, for Appellee. PER CURLA.M. Kevin Wagland appeals an order revoking his probation for violating a special condition prohibiting him from having contact with any child under the age of sixteen years. Wag- land also appeals his sentence of fifteen years for burglary of a structure. We reverse because Wagland's violation was neither will- ful nor substantial. Our reversal of the revo- cation of probation renders the sentencing issue moot. deal stru he c a n( cons cony cone teen sex ing chil had dre Wa chi] of haN livE We wa nit; der chi nit do col frc ag ofi W W an 10, ch th at he w and substantially violated his probation. Wagland was serving a term of three Reversed and remanded with directions. years' probation following his conviction for PATRICK T. MAGUIRE Attorney At Law Certified Circuit Court Mediator 1253 Park Street Telephone: (727) 442-3838 Clearwater, Florida 33756 Fax: (727) 446-3741 March 17, 2006 _ ` MAR 17 2M8 Via Hand Delivery ?? j'?5 jj' Wayne M. Wells, AICP Planner III m'?..?.'_.. • ° City of Clearwater, Planning Department 100 S. Myrtle Avenue Clearwater, FL 33756 Re: CDB Meeting March 21, 2006 Case No.: FLD 2005-09 094 / Agenda Item: D-1 Owner Applicant: Carlouel Yacht Club, 1092 Eldorado Avenue, Clearwater Beach, FL Dear Mr. Wells: Please be advised that the undersigned represents the interests of Carlouel Yacht Club with respect to the above referenced matter. I am in receipt of a proposed update of the staff report that you provided to Mr. Robert Thompson, Jr. by fax dated March 17, 2006 at 9:00 a.m. I have reviewed your proposed update and reviewed the pertinent provisions of the Community Development Code. My client strongly objects to the conclusions reached in the update and the matters contained therein. My client also objects to the proposed continuance of the agenda item. Specifically: 1. I find nothing in the Community Development Code which provides for "approval of the principal use" (social and community center) for a pre-existing legal use; 2. Carlouel Yacht Club is a legally conforming use under the Community Development Code which may have some legally non-conforming structures; 3. The docks proposed for construction are not part of a non-conforming structure and therefore may be expanded, if the expansion when considered in isolation from the " Wayne M. Wells, AICP, Placer III • March 17, 2006 Page 2 existing structure and is in compliance with all requirements of the development code Section 6-102.D2. 4. The docks constitute an accessory structure and are governed by specific standards of the Community Development Code Section 3-601. The docks have been found by staff to comport with level two review requirements; 5. Nothing under Section 6-107 requires the applicant to comply with anything other than Section 3-601 of the Community Development Code. 6. The level two approval process provides adequate safeguards and there is no need or provision for additional review. In summary, Carlouel Yacht Club is a legally conforming use which is expanding an accessory structure, which expansion, when considered in isolation from the main structure, is in compliance with all requirements of the development code as they apply to docks. Inasmuch as the DRC and the zoning staff did not find that the activities of Carlouel Yacht Club are an unlawful use of property in the initial staff report, we do not believe that there is any legally tenable reason for this matter to be continued. My client is undergoing the scrutiny of a level two application which clearly provides all the necessary protections of the Community Development Code. PTM/lat G:1,tkgrp\WPWIN60\MF GUIRE\wells ltr.wpd Very truly yours, • 0 Wells, Wayne From: Wells, Wayne Sent: Thursday, March 16, 2006 5:02 PM To: 'rcompan3@tampabay.rr.com' Subject: FLD2005-09094, 1091 Eldorado Avenue Mr. Thompson - Attached is the Staff Report that we are sending to the CDB. The CDB meeting will be at 1:00 pm on Tuesday, March 21, 2006. Wayne Eldorado 1091 Staff Report #1 ... U PLANNING DEPARTMENT 100 S. MYRTLE AVE. CLEARWATER, FL 33756 (727) 562-4567 FAX: (727) 562-4865 TO FAX COVER MEMO CITY OF CLEARWATER FAX: 47 " (gSZ_! - Phone: +? b - 7-2-0-0 FROM: w_ Phone: J to Z - +T 0 + DATE:_ 3 I l b 0 lv RE: F17 b 10 1+ 1o l 1 El alorn.coo Ave. MESSAGE: 13 +, pr NUMBER OF PAGES(INCLUDING THIS PAGE) Mar. 16 2006 06:27PM YOUR LOGO YOUR FAX NO. 7275624865 NO. OTHER FACSIMILE START TIME USAGE TIME MODE PAGES RESULT 01 94476524 Mar.16 06:26PM 01'15 SND 04 OK TO TURN OFF REPORT, PRESS 'MBdU' #04. THEN SELECT OFF BY USING '+' OR FOR FAX ADVP"TAGE ASSISTANCE, PLEASE CALL- 1-800-HELP-FAX (435-7329). FAX COVER MEMO CITY OF CLEARWATER PLANNING DEPARTMENT 100 S. MYRTLE AVE. CLEARWATER, FL 33756 (727) 562-4567 FAX: (727) 562-4865 TO: p-4 to ti- 3 0-,-, FAX: j"1'7- 65 Z+ Phone: 4+ to - 27- 0 D FROM: e,? 1 Phone: -510 7- - 1+3-104- DATE:. 311s ( Oro RE: ! C? S 1 C? a nc.01? ?•-?? 2-i 0 r- v 9 aq 4 MESSAGE: r NUMBER OF PAGES(INCLUDING THIS PAGE) I (? Mar. 15 2006 06:37PM YOUR LOGO YOUR FAX NO. 7275624865 NO. OTHER FACSIMILE START TIME USAGE TIME MODE PAGES RESULT 01 94476524 Mar.15 06:34PM 02'41 SND 10 OK TO TURN OFF REPORT, PRESS 'MENU' #04. THEN SELECT OFF BY USING '+' OR FOR FAX AIM4TAGE ASSISTANCE, PLEASE CALL 1-800-HELP-FAX C435-73291. March 7, 2006 Wayne, • t`,AR 1? y 7-006 LtF B:s '`J 'y3 ;1?.•.."L i:`-•1'fT}+?.?yYC? Here is the first list of residents in opposition to the expansion of docks at Carlouel Yacht Club. The petition is still being circulated and additional names will be presented later. If you have any questions, please contact Dr. Cary Rowan at (727) 443-0202 or on his mobile telephone (727) 452-5764. Ed Hart February 11, 2006 Mr. Wayne Wells City of Clearwater Planning Specialist 1,01 L? 2006 +! P Y Zi f; i.r ..s 1tt7: ! Dear Mr. Wells: As neighbors of the Carlouel Yacht Club (CYC), located at 1091 Eldorado Avenue, Clearwater Beach, Florida, we oppose the club's plan to increase its docking facilities. Some of our objections are listed below: 1. Carlouel made no effort to communicate to the neighborhood any intentions of building additional dock facilities. The first knowledge the neighborhood had of the expansion was in December, 2005, when certain neighbors received a notice to owner as required by law from the City of Clearwater announcing the scheduled hearing before the Community Development Board (CDB). 2. There has been no vote of the membership to increase dock facilities. Most members of CYC are not even aware that an expansion is being considered. 3. 't'here are major objections to the increase in dock facilities by the surrounding neighbors. This will have a negative effect on our neighborhood and property values. 4. The first plans submitted by the city encroached on the neighbor to the north to within 3.3 feet of the property line. This encroachment was unacceptable to the adjacent property owner. Letter of objection to the proposed plans have been submitted by adjacent neighbors, both north and south. 5. The unique character of this neighborhood is the integration of natural beauty within a peaceful residential environment. Carlouel Yacht Club is the exception to that rule, although many members of CYC are members because of the uniqueness of this environment. While most neighbors accept that we cannot decrease the commercial nature of Carlouel Yacht Club, there is little desire to increase the size or commercial use of the facility. CYC should strive to improve the quality of the experience for its members, not increase the size of this commercial facility. 6. There is misinformation within the documents submitted by CYC. An example of such misinformation is in the Flexible Development Application Written Submittal Requirements. It states that "the proposed structure will have no adverse impact or discourage the existing uses of the adjacent 0 0 waterway, as the waterway width is 3000+ f3." What this fails to mention is that the majority of that width is not navigable, because of the shoaling, and this shoaling has increased in recent years. 7. The new plans make no effort to stay within the middle third of the property which is required by code. No hardship has been demonstrated to seek this variance. It makes no sense to ask for another variance to this code before exploring ways to stay within the guidelines of the code. 8. The neighborhood believes that there may be safety issues concerning floating docks, especially in rough water. Recent winter storms have demonstrated that this waterway is prone to significant changes with rough waves and high winds. Before expansion of these docks is considered, we believe that the city should study the safety issues surrounding floating docks in navigable waterways. 9. To suggest that this dock facility is consistent and compatible with neighboring docks is quite a stretch. This is a residential neighborhood. There are no other "commercial" docks within a mile of this site. Construction of additional commercial facilities in this residential neighborhood should be discouraged. 10. Most members of Carlouel Yacht Club are not even aware of what the board has started on their behalf. This latest plan has been put together in haste with no time to understand the long term effect of the plan on the neighborhood or the waterway, or whether the club will authorize the expenditure of the funds necessary to complete this project. The list of objections can be further outlined, but this should give sufficient info rmation for staff to review this application. There is considerable opposition to further expansion of CYC, which is the only commercial structure in an otherwise peaceful residential neighborhood. If you need additional information, please contact Dr. Cary Rowan at (727) 443- 0202. Sincerely, • • The following neighborhood members have affirmed their objections to this dock expansion by affixing their names: Print Name g ?,?, ? ,v a ? -sZ ?t 1 AknA4. acs M1 Address Signature q?GI LOokAvJG Aae r lo,6 1(3 Ol9 ?b ?MMCAO ?ru-tk. r-alae" I o 0 [..DO rz-r+v: -4)v -t; teo-4 flotemp-AW x C .? i \\C\ on VN-tmq.. Tliaye? io t i WDoe,400 ?o;;- esa The following neighborhood members and friends have affirmed their objections to this dock expansion by affixing their names: Print Name Address Signature 1 + r I C 10 -KGXu'rIII 'I- ?, - 4,14 ??i.1 l???trZi S `j ?Ie- t?q CAOIAQ s L :, ;E )3 ?-? Le five , ED _J?6 ?? M Z :`/zi rQy Q? 7yS ?ti ?G JAL`?_ vvx' v CM The following neighborhood members have affirmed their objections to this dock expansion by affixing their names: Print Name Address Signature W .'AEY?1N lti( r f YG?c? b • MR. WAYNE WELLS PLANNER 111 OF THE CITY OF CLEARWATER 100 S. MYRTLE AVE. CLEARWATER, FLA. 33756 DEAR MR. WELLS, AS A NEIGHBOR ADJACENT TO THE CARLOUEL YACHT CLUB WE HAVE NOT RECEIVED OR APPROVED THE CLUB'S PLAN FOR MOVING THE EXISTING FLOATING DOCK OR ANY CHANGE TO THE PLAN THEY PROPOSE. SINCERELY, WILLIAM E. POOLE 111 p-?cxvx' '-v BONNIE K. POOLE 1055 BAY ESPLANADE CLEARWATER, FLA. 33767 JANUARY 16, 2006 Mr. Wayne Wells Planning Department City of Clearwater 100 S. Myrtle Avenue Clearwater, FL 33756 RE: Carlouel Yacht Club Dock Expansion Dear Mr. Wells: I, Patrick Beyer, the neighbor adjacent to the Carlouel Yacht Club on the north side, hereby revoke and rescind my letter dated June 8, 2005, (a copy of which is enclosed) to Ms. Mistie T. Forehand of the Florida Department of Environmental Protection, Southwest District, Tampa, Florida. Dated: this 13`h Day of January 2006 Patrick Beyer 1100 Mandalay Point Road Clearwater Beach, FL 33767 TIMOTHY K. MARIANI a Attorney at Law JORDAN HILLS PROFESSIONAL CENTRE 1550 South Highland Avenue - Suite B Clearwater, Florida 33756 Timothy K. Mariani* *Board Certified Wills, Trusts & Estates Mr. Wayne M. Wells City of Clearwater 100 South Myrtle Avenue Clearwater, FL 33756 March 14, 2006 Telephone (727) 441-4727 Facsimile (727) 443-4959 E-Mail Address TIM@ABMLAW.COM Re: Carlouel Yacht Club Application No. FLD 2005-09 094/1091 Eldorado Avenue, Clearwater Beach, Florida Dear Mr. Wells: I am legal counsel and co-attorney-in-fact under a power of attorney for Barbara C. Mariani the owner of the property located at 1076 Eldorado Avenue, Clearwater Beach, Florida. I am familiar with the application referenced above. Please place this letter in support of the application of Carlouel Yacht Club for the application with respect to its flexible development plan. I am familiar with the revised application and I find the plan to be reasonable. Sincefely, / l ? Timothy K. Man' am As Co-Attorney-in-Fact I, Barbara Mariani Schmitz, as co-attorney-in-fact for Barbara C. Mariani, hereby join in this letter and consent to approval of the plan and application submitted by Carlouel Yacht Club. ECENE, D L ? p4I1NNiNG & DEVELOPMENT SERVICES C" OF CLEARWATER - Barbara Marianl Schmitz As Co-Attorney-in-Fact .tI&???I_° 1yE ". a LONG RANGE MANNING DFVFLOPMENT RFVIF.W CITY O F s C L E A R W A T E R PLANNING DEPARTMENT Posr OFFICE Box 4748, CLEARWATER, FI.ORIDA 33758-4748 MUNICIPAL. SERVICES. BUILDING, 100 SOUTH MYRTI.E AVENUF, CLEARWATER, FLORIDA 33756 TrLEPI-LONE (727) 562-4567 FAx (727) 562-4865 February 15, 2006 Mr. Robert M. Thompson, Jr. 1230 South Myrtle Avenue Suite 301 Clearwater, Florida 33756 Re: Community Development Board Meeting (Case No. FLD2005-09094) Dear Mr. Thompson: The Case No. FLD2005-09094 for Flexible Development approval for the expansion of an existing commercial dock by adding three floating docks (two 10' x 70' and one 10' x 76' floating dock additions) to the existing 10' x 250' floating dock for transient vessel mooring, with a reduction in side (north) setback from 226.13 feet to 76 feet, under the provisions of Section 3- 601, for property located at 1091 Eldorado Avenue, has been scheduled to be reviewed by the Community Development Board on March 21, 2006. The meeting will take place at 1:00 p.m. in the City Council Chambers, 3rd 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, Wayr e M. Wells, AICP Planner III S: (Planning DepartmentlC D BIFLEX (FLD) (Pending cases) Up for the next CDBIEldorado 1091 Carlouel Yacht Club Dock Addition (I) - 3.21.06 CDB - WWIEldorado 1091 3.21.06 CDB Letter. doc FRANK HIBBARD, MAYOR I31I.I. JONSON, VR:i: MAYOR JOI IN DORAN, COUNCILMEMBIT HUYL HAMILTON, COUNCILMEMBIT ® CARLEN A. PEIl?RSISN, COUNCII:MEMBER "EQUAL EMPLOYMENT AND AI.-PIRMATIVb: Ac ION I?MPLOYFR" • p Carlouel Yacht Club February 7, 2006 Mr. Wayne Wells, AICP City of Clearwater Planning Department Municipal Services Building 100 South Myrtle Avenue Clearwater, FL 33756 RE: FLD2005-09094 1091 Eldorado Avenue Clearwater, Florida Dear Mr. Wells: ORIGINAL RECEIVED FEB 0 8 2006 PLANNING DEPARTMENT CITY OF CLEARWATER Enclosed kindly find fifteen sets of only the revised documents for FLD2005-09094 for the upcoming March 21, 2006 meeting along with the required $75 continuance fee (our apologies for not remitting by January 27'h - we misread the letter and thought it was to be remitted with the revised plans and application materials). The revised plan addresses the mooring safety concerns for boats and boaters expressed by the members of the Cariouel and some of the property owners in the immediate area. Please contact me at (727) 446-2200 if you need additional information. Very truly yours, CARLOUEL YACHT CLUB, INC. i Hobert M. hompson Jr. "- ` Commodore Cc: Roger Haymond 1091 ELDORADO AVENUE • CLEARWATER, FLORIDA 33767 9 (727) 446-9162 • FAX (727) 441-2309 0 • C ITY OF C LEARWATER PLANNING DEPARTMENT POST OFFICE BOX 4748, CLEARWATER, FLORIDA 33758-4748 MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756 TELEPHONE (727) 562-4567 FAx(727) 562-4865 LONG RANGE PLANNING DEVELOPMENT REVIEW Mr. Robert M. Thompson, Jr. 1230 South Myrtle Avenue Suite 301 Clearwater, Florida 33756 January 18, 2006 Re: Community Development Board Meeting (Case No. FLD2005-09094 - 1091 Eldorado Avenue) Dear Mr. Thompson: The Community Development Board (CDB) at their meeting on January 17, 2006, continued the above referenced request to their March 21, 2006, meeting. The request is for Flexible Development request for the expansion of an existing commercial dock (10' x 107' floating dock addition to an existing 10' x 250' floating dock for transient vessel mooring), with a reduction in side (north) setback from 226.13 feet to 3.3 feet, under the provisions of Section 3-601, for property located at 1091 Eldorado Avenue. In accordance with the City's fee schedule, there is a $75.00 continuance fee due to the City for your approved request to continue this application to the March 21, 2006, CDB meeting. Please remit a check made out to the City of Clearwater by 4:00 pm on Friday, January 27, 2006. Please resubmit the revised plans and application materials by noon on February 8, 2006, for the March CDB meeting (packages to have one original set of plans and application materials and 14 copies, collated and folded [as needed]). If you have any questions, please do not hesitate to call Wayne M. Wells, AICP, Planner III, at 727-562- 4504. Sincerely, . Michael elk, AI Planning Director S: (Planning DepartmentlC D BIFLEX (FLD)IPending casesl Up for the next CDBIEIdorado 1091 Carlouel Yacht Club Dock Addition (I) - 3.21.06 CDB - WWIEldorado 1091 CDB Continuance Letter 1.18.06doc FRANK HIBBARD, MAYOR BILL JONSON, VICE-MAYOR JOHN DOR:W, COUNCIL \tE\IBFR HOYT HNIAn.'PON, COUNCILMEMBER CARLEN A. PFTERSIiN, COUNCII-NIFNI13ER "EQUAL. EMPLOYMENT AND AFFIRMATIVE ACTION EMPLOYER" 0 V? Carlouel Yacht Club January 17, 2006 Mr. Wayne Wells, AICP City of Clearwater Planning Department Municipal Services Building 100 South Myrtle Avenue Clearwater, FL 33756 RE: FLD2005-09094 1091 Eldorado Avenue Clearwater, Florida Dear Mr. Wells: 0 j 1 5Am-1 Additional members of the Carlouel and some of the property owners in the immediate area have requested that the present plan of moving the floating dock away from the seawall does not provide the safest moorings for the boats and boaters. As a result of this, a revised plan is being developed for approval of the applicant and the objectors. To accommodate this, we request a continuance of the above referenced matter until the March 21, 2006 CDB meeting. Kindly advise us of the latest date the revised plans and additional information is to be submitted to the staff for their consideration for the March 21, 2006 meeting. Please contact me at (727) 446-2200 to advise us of granting of the continuance. Very truly yours, CARLOUEL YACHT CLUB, INC. ``Robert M. hompson, Jr. Commodore 1091 ELDORADO AVENUE 0 CLEARWATER, FLORIDA 33767 • (727) 446-9162 9 FAX (727) 441-2309 i • Wells, Wayne From: Wells, Wayne Sent: Thursday, January 12, 2006 2:58 PM To: 'rcompan3@tampabay.rr.com' Subject: FLD2005-09094 - 1091 Eldorado Avenue Mr. Thompson - Attached is the Staff Report for the above referenced case scheduled for review by the Community Development Board on Tuesday, January 17, 2006, at 1:00 pm. Wayne Eldorado 1091 Staff Report for... Carlouel Yacht Club December 30, 2005 Mr. Wayne Wells, AICP City of Clearwater Planning Department Municipal Services Building 100 South Myrtle Avenue Clearwater, FL 33756 RE: FLD2005-09094 1091 Eldorado Avenue Clearwater, Florida Dear Mr. Wells: F DEC30? Enclosed kindly find fifteen sets of only the revised documents for FLD2005-09094 for the upcoming meeting scheduled for January 17, 2006. Please contact me at (727) 446-2200 if you need additional information. Very truly yours, CARLOUEL YACHT CLUB, INC. Robert M. Thompson, Jr. Commodore Cc: Roger Haymond 1091 ELDORADO AVENUE 9 CLEARWATER, FLORIDA 33767 • (727) 446-9162 • FAX (727) 441-2309 0 1 • • Pagel of 2 Wells, Wayne From: Wells, Wayne Sent: . Wednesday, December 28, 2005 1:26 PM To: 'Bill Woods' Subject: RE: FLD2005-09094, 1091 Eldorado Avenue Terri - Oops. My mistake. You do so many that, in my haste, I sent this to you. I have contacted Mr. Thompson and he is getting me the revised information. Thanks. Anyway, I hope you had a Merry Christmas and I hope you have a Happy New Year!!! Wayne -----Original Message----- From: Bill Woods [maiIto: billwoods@woodsconsulting.org] Sent: Wednesday, December 28, 2005 12:23 PM To: Wells, Wayne Cc: Bill Woods; Terri Skapik@WoodsConsulting Subject: Re: FLD2005-09094, 1091 Eldorado Avenue Wayne: Terri here. Bill is out of town and I'm checking his emails. I do not believe we are the agent for this project. We performed a benthic study for the site at 1091 Eldorado Ave. but we did not submit the application package. Terri Bill Woods Woods Consulting 1714 County Road 1, Suite 22 Dunedin, FL 34698 Phone: (727) 786-5747 Fax: (727) 786-7479 billwoods@woodsconsulting.org ----- Original Message ----- From: Wayne.Wells@myClearwater.com To: billwoods@woodsconsulting.org. Sent: Thursday, December 22, 2005 5:33 PM Subject: FLD2005-09094, 1091 Eldorado Avenue Bill - This case was continued from the December 20, 2005, to the January 17, 2006, meeting of the Community Development Board (CDB). In order to review the revised proposal and prepare a new Staff Report for the CDB, the revised application packages (one original and 14 copies) must be submitted to my office by noon on Friday, December 30, 2005. 12/28/2005 ip* ? 0 0 Page 2 of 2 Should you have any questions, feel free to email me or call me. Merry Christmas - Wayne 12/28/2005 C] Wells, Wayne From: Wells, Wayne Sent: Thursday, December 22, 2005 5:33 PM To: Bill Woods (E-mail) Subject: FLD2005-09094, 1091 Eldorado Avenue Bill - This case was continued from the December 20, 2005, to the January 17, 2006, meeting of the Community Development Board (CDB). In order to review the revised proposal and prepare a new Staff Report for the CDB, the revised application packages (one original and 14 copies) must be submitted to my office by noon on Friday, December 30, 2005. Should you have any questions, feel free to email me or call me. Merry Christmas - Wayne E 0"t k s10 0 LONG RANGE PLANNING DEVELOPMENT REVIEW Mr. Robert M. Thompson, Jr. 1230 South Myrtle Avenue Suite 301 Clearwater, Florida 33756 December 22, 2005 Re: Community Development Board Meeting (Case No. FLD2005-09094 - 1091 Eldorado Avenue) Dear Mr. Thompson: The Community Development Board (CDB) at their meeting on December 20, 2005, continued the above referenced request to their January 17, 2006, meeting. The request is for Flexible Development approval for the expansion of an existing commercial dock (10' x 107' floating dock addition to an existing 10' x 250' floating dock for transient vessel mooring), with a reduction in side (north) setback from 226.13 feet to 3.3 feet, under the provisions of Section 3-601, for property located at 1091 Eldorado Avenue. In accordance with the City's fee schedule, there is a $75.00 continuance fee due to the City for your approved request to continue this application to the January 17, 2006, CDB meeting. Please remit a check made out to the City of Clearwater by 4:00 pm on Friday, January 6, 2006. If you have any questions, please do not hesitate to call Wayne M. Wells, AICP, Planner III, at 727-562- 4504. Sincerely, Michael?l) ?AI Planning Director S.•IPlanning DepartmentlC D BIFLEX (FLD)IPending casesl Up for the next CDBIEldorado 1091 Carlouel Yacht Club Dock Addition (I) - 1. 17.06 CDB - WWIEldorado 1091 CDB Continuance Letter 12.22.05.doc BRIAN J. AUNGST, MAYOR FRANK HIBBARD, VICE MAYOR HOYf R NIILTON, COUNCiumE:\IBER BILL JONSON, COUNCILMEMBER ® CARI.EN A. PE'fERSEN, COUNCILMEMBER "EQUAL EMPLOYMENT AND AFFIRMATIVE AC7"!ON EMPLOYER" 11 CITY OF C LEARWATE 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) 562-4576 0 0 Wells, Wayne From: Wells, Wayne Sent: Thursday, December 15, 2005 6:05 PM To: 'rcompan3@tampabay.rr.com' Subject: FLD2005-09094 - 1091 Eldorado Avenue Mr. Thompson - Attached is the Staff Report for the above referenced application, scheduled for the December 20, 2005, CDB meeting at 2:00 pm. We have received your request to continue the application to the January 17, 2006, CDB meeting and are transmitting that correspondence to the CDB members. On the CDB Consent Agenda I have placed the above referenced application in the "Request for Continuance" area of the agenda. Wayne Eldorado 1091 Staff Report for... 0 0 Wells, Wayne From: Wells, Wayne Sent: Thursday, December 15, 2005 6:07 PM To: Jayne Sears (E-mail) Subject: FW: FLD2005-09094 -1091 Eldorado Avenue FYI -----Original Message----- From: Wells, Wayne Sent: Thursday, December 15, 2005 6:05 PM To: 'rcompan3@tampabay.rr.com' Subject: FLD2005-09094 - 1091 Eldorado Avenue Mr. Thompson - Attached is the Staff Report for the above referenced application, scheduled for the December 20, 2005, CDB meeting at 2:00 pm. We have received your request to continue the application to the January 17, 2006, CDB meeting and are transmitting that correspondence to the CDB members. On the CDB Consent Agenda I have placed the above referenced application in the "Request for Continuance" area of the agenda. Wayne ldorado 1091 Staff Report for... Carlouel Yacht Club December 14, 2005 Mr. Wayne Wells, AICP City of Clearwater Planning Department Municipal Services Building 100 South Myrtle Avenue Clearwater, FL 33756 RE: FLD2005-09094 1091 Eldorado Avenue Clearwater, Florida Dear Mr. Wells: VIA FACSIMILE (727) 562-4865 We request a continuation of the above referenced permit from the December 20, 2005 to the January 17, 2006 meeting due to minor modifications that need to be done to the drawings to reduce the length of the dock to the open water that addresses the concerns of the neighbors. We would appreciate your consideration of this matter so that the application can be moved forward to the January 17 2006 meeting. , Please contact me at (727) 446-2200 to advise us of your decision. Very truly yours, CARLOUEL YACHT CLUB, INC. Robert M. Thompson, Jr. Commodore Cc: Roger Haymond ' LJ DEC ! 6 2Z PLANNING 8 DEVELOPMENT SERVICES CITY OF CLEARWATER 1091 ELDORADO AVENUE • CLEARWATER, FLORIDA 33767 • (727) 446-9162 • FAX (727) 441-2304 Dec 14 05 11:54a Th pson Companies P?? Carlouel Yacht Club December 14, 2005 Mr. Wayne Wells, AICP City of Clearwater Planning Department Municipal Services Building 100 South Myrtle Avenue Clearwater, FL 33756 RE: FLD2005-09094 1091 Eldorado Avenue Clearwater, Florida Dear Mr. Wells: VIA FACSIMILE (727) 562-4865 We request a continuation of the above referenced permit from the December 20, 2005 to the January 17, 2006 meeting due to minor modifications that need to be done to the drawings to reduce the length of the dock to the open water that addresses the concerns of the neighbors. We would appreciate your consideration of this matter so that the application can be moved forward to the January 17 2006 meeting. , Please contact me at (727) 446-2200 to advise us of your decision. Very truly yours, CARLOUEL YACHT CLUB, INC. Robert M_ Thompson, Jr. Commodore Cc: Roger Haymond 7276524 p.1 1091 ELDORADO AVENUE 9 CLEARWATER, FLORIDA. 33767 • (7271446-9162 • FAX (7271441-2309 FAX COVER MEMO CITY OF CLEARWATER PLANNING DEPARTMENT 100 S. MYRTLE AVE. CLEARWATER, FL 33756 (727) 562-4567 FAX: (727) 562-4865 TO: S FAX: q. b Z - D'3 lo, Phone: 4 to i- )Sit FROM: A. 4?g Phone: S 1o O+ .-Pr tl 0 v 2? a? (r O c?. DATE:_ l Z l IQ' ? b S RE: at, MESSAGE: v NUMBER OF PAGES(INCLUDING THIS PAGE) Z-- Dec. 14 2005 06:27PM YOUR LOGO YOUR FAX NO. 7275624865 NO. OTHER FACSIMILE START TIME USAGE TIME MODE PAGES RESULT 01 94620365 Dec.14 06:26PM 01'00 SND 02 OK TO TURN OFF REPORT, PRESS 'MENU' #04. THEN SELECT OFF BY USING '+' OR '-'. FOR FAX ADVANTAGE ASSISTANCE, PLEASE CALL 1-HELP-FAX C435-73297. . Message Page 1 of 1 Wells, Wayne From: Wells, Wayne Sent: Wednesday, December 14, 2005 6:15 PM To: 'Jayne E. Sears' Subject: RE: Carlouel Dock Application (FLD2005-09094) Jayne - I am attaching the staff report for the above project, scheduled for the December 20, 2005, CDB meeting. However, we have received a request to continue the application to the January 17, 2006, CDB agenda in order to address neighbor concerns (see attached). I will fax the continuance letter. Wayne -----Original Message----- From: Jayne E. Sears [mailto:JayneS@jpfirm.com] Sent: Monday, December 12, 2005 9:37 AM To: Wells, Wayne Cc: Tim A. Johnson Subject: Carlouel Dock Application (FLD2005-09094) Wayne, as we discussed, please copy me with the staff report on the referenced case, when available. Tim, I confirmed with Wayne that this will be reviewed be the CDB on December 20. Jayne E. Sears Legal Assistant Johnson, Pope, Bokor, Ruppel & Burns, LLP 911 Chestnut Street Clearwater, FL 33756 Phone: (727) 461-1818 Fax: (727) 462-0365 12/14/2005 0' 0 "V' ITY OF LEARWATER == = 4 PLANNING DEPARTMENT POST OFFICE BOX 4748, CLEARWATER, FLORIDA 33758-4748 f?gTE` MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756 TELEPHONE (727) 562-4567 FAX (727) 562-4865 LONG RANGE PLANNING DEVELOPMENT REVIEW November 17, 2005 Mr. Robert M. Thompson, Jr. 1230 South Myrtle Avenue Suite 301 Clearwater, Florida 33756 Re: Community Development Board Meeting (Case No. FLD2005-09094) Dear Mr. Thompson: The Case No. FLD2005-09094 for Flexible Development approval for the expansion of an existing commercial dock (10' x 107' floating dock addition to an existing 10' x 250' floating dock for transient vessel mooring), with a reduction in side (north) setback from 226.13 feet to 3.3 feet, under the provisions of Section 3-601, for property located at 1091 Eldorado Avenue, has been scheduled to be reviewed by the Community Development Board on December 20, 2005. The meeting will take place at 2:00 p.m. in the City Council Chambers, 3rd 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, M. W d9, Wayne lWells, AICP Planner III S:IPlanning DeportntentlC D BIFLEX (FLD)IPending caseslUp for• the next CDBIEldorado 1091 Carlouel Yacht Club Dock Addition (1) - 12.20.05 CDB - WWIEldorado 1091 CDB Letter.doc PRANK HIBBARD, MAYOR BILL JONSON, VICF-MAYOR JOHN DORAN, COUNCILMEMBPR How HAMILTON, COUNCIUMEMBER CARLFN A. PETFRSEN, COUNCII MFMBFR "EQUAL EMPI,OYMF,N"I AND AFFIRMATIVI? ACTION EMPLOYER" h - I Carlouel Yacht Club ORIGINAL November 7, 2005 City of Clearwater Planning Department Municipal Services Building 100 South Myrtle Avenue Clearwater, FL 33756 RE: FLD2005-09094 1091 Eldorado Avenue Clearwater, Florida RECEIVED NOV © 7 2005 PLANNING ,NRT.mENT, CITY OF Cl EARWATER Pursuant to our meeting of November 3, 2005 with the DRC, please be advised that before putting in service the relocated floating dry dock, we will provide fire protection in accordance with NFPA 303. Fire protection for the existing dock facilities is provided and we will modify those facilities to provide fire protection for the relocated dock. Thank you for your consideration, CARLOUEL YACHT CLUB, INC. Robert M. Thompson, Jr. Commodore Enclosures 1091 ELDORADO AVENUE 9 CLEARWATER, FLORIDA 33767 9 (727 446-9162 • FAX (727) 441-2309 FAX COVER MEMO CITY OF CLEARWATER PLANNING DEPARTMENT 100 S. MYRTLE AVE. CLEARWATER, FL 33756 (727) 562-4567 FAX: (727) 562-4865 TO: FAX: 4 k-7- (,,S-zA Z :736-,s-w3 Phone: 4 4 b - 21- cr-o / b - 2-9 *Y, FROM•_ Q.\\S Phone: SAP Z- - J 0 DATE:_ L u I30 b RE:-1-011 0 1 a???.v? . MESSAGE: -9 rw" 1?? C_ ,?,.?•?-S NUMBER OF PAGES(INCLUDING THIS PAGE) 3 Oct. 31 2005 06:43PM YOUR LOGO CityOfClearwater-Plan Dept YOUR FAX NO. 727 562 4865 NO. OTHER FACSIMILE START TIME USAGE TIME MODE PAGES RESULT 01 94476524 Oct.31 06:42PM 01'11 SND 03 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). ,T • Nov. 01 2005 12:15PM. YOUR LOGO CityOfClearwater-Plan Dept YOUR FAX NO. 727 562 4865 NO. OTHER FACSIMILE START TIME USAGE TIME MODE PAGES RESULT 01 97365013 Nov.01 12:13PM 01'42 SND 03 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). Wells, Wayne From: Wells, Wayne Sent: Monday, October 31, 2005 5:29 PM To: 'rcompan3@tampabay.rr.com' Subject: Draft 11.3.05 DRC comments, 1091 Eldorado Avenue Mr. Thompson - Attached are the Draft comments for the November 3, 2005, DRC meeting for FLD2005-09094, 1091 Eldorado Avenue, at 3:00 pm. I will fax these comments to you also and to Darlene Ress. Wayne Draft 11.3.05 DRC Action Agend... u- 0 CITY OF CLEORWATER } Clearwater PLANNING DEPARTMENT MUNICIPAL SERVICES BUILDING 100 SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756 TELEPHONE: (727) 562-4567 FAX: (727) 562-4576 WWW.MYCLEARWATER.COM October 07, 2005 Robert M Thompson Jr. 1230 S Myrtle Ave Ste 301 Clearwater, Fl 33756 RE: FLD2005-09094 -- 1091 ELDORADO AVE -- Letter of Completeness Dear Robert M Thompson Jr. : The Planning Staff has entered your application into the Department's filing system and assigned the case number: FLD2005-09094. 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 November 03, 2005, in the Planning Department conference room - Room 216 - on the second floor of the Municipal Services Building. The building is located at 100 South Myrtle Avenue in downtown Clearwater. Please call Sherry Watkins, Administrative Analyst, at 727-562-4582 no earlier than one week prior to the meeting date for the approximate time that your case will be reviewed. You or your representative (as applicable) must be present to answer any questions that the DRC may have regarding your application. Additional comments may be generated by the DRC at the time of the meeting. If you have any questions, please do not hesitate to contact me at 727-562-4504 or Wayne.Wells@myclearwater.com. Sincerely yours, 1 • w a Wayn Wells, 1 AICP Planner III Letter of Completeness - FLD2005-09094 - 1091 ELDORADO AVE" FAX COVER MEMO CITY OF CLEARWATER PLANNING DEPARTMENT 100 S. MYRTLE AVE. CLEARWATER, FL 33756 (727) 562-4567 FAX: (727).562-4865 TO: r4? n FAX: 9-4-7 ' -UJ 34 - S-01 Phone: L?-? b . ZZ C7n 14? - Z q l Y FROM: Q Phone: (O Z " ?- J Q_ 3 ?!L?? ZOa S J 9 (79 DATE:_ ] O 1 I )'s- RE: i c- 4% MESSAGE: Q \ok, sl , NUMBER OF PAGES(INCLUI)ING THIS PAGE) . 2 - rl ?e MIMMWFJW? • • Oct. 07 2005 07:40PM YOUR LOGO CityOfClearwater-Plan Dept YOUR FAX NO. 727 562 4865 NO. OTHER FACSIMILE START TIME USAGE TIME MODE PAGES RESULT 01 94476524 Oct.07 07:39PM 00'53 SND 02 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). Oct. 07 2005 07:42PM YOUR LOGO City0fClearwater-Plan Dept YOUR FAX NO. 727 562 4865 NO. OTHER FACSIMILE START TIME USAGE TIME MODE PAGES RESULT 01 97365013 Oct.07 07:41PM 01'12 SND 02 OK TO TURN OFF REPORT, PRESS 'MENU' #04. THEN SELECT OFF BY USING '+' OR FOR FAX ADVANTAGE ASSISTANCE, PLEASE CALL 1-800-HELP-FAX C435-7329). LL 0 CITY OF CLEORWATER u 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 October 03, 2005 Robert Thompson 1230 S Myrtle Ave Ste 301 Clearwater, Fl 33756 RE: FLD2005-09094 -- 1091 ELDORADO AVE -- Letter of Incompleteness Dear Robert Thompson : The Planning Staff has entered your application into the Department's filing system and assigned the case number: FLD2005-09094. After a preliminary review of the submitted documents, staff has determined that the application is Incomplete with the following comments. 1. Provide a benthic survey. 2. Provide a cover letter giving an overview of the request and the issues/problems that led up to the filing of the request. 3. Provide the information required by Section 3-601.C.3, especially Section 3-601.C.3.h (setbacks, length and width; inclding deviations). 4. Provide drawings, photographs, etc. of what the dock is proposed to look like. Include information as to how the docks will be "anchored" or held in place (since these are floating docks). Provide site data regarding the square footage of the existing dock, the square footage of the dock addition, the number of boats to be docked, the location of the "slips," whether boats will be moored on both sides of the docks, etc. 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 4:00 pm on Friday, October 7, 2005. If you have any questions, please do not hesitate to contact me at 727-562-4504 or Wayne. Wells@myclearwater.com. Sincerely yours, V? &-'4 neWlls Planner III Letter of Incompleteness - FLD2005-09094 - 1091 ELDORADO AVE 0 0 i DEVELOPMENT STANDARDS § 3-601 All watercraft must be contained en- and Navigation Control Authority tirely within the extended property permit application. In the event that lines. such statements cannot be obtained, b. Length. The length of docks and applications for deviations may be boatlifts shall not exceed 25 percent approved by the community develop- of the width of the waterway or half ment coordinator through a Level of the width of the property mea- One (flexible standard) approval pro- sured at the waterfront property line, cess based on one of the following: whichever is less. Tie poles may ex- i) The proposed dock will result tend beyond the dock provided such in no navigational conflicts and poles do not exceed 25 percent of the the length of the proposed dock width of the waterway and do not will not exceed 25 percent of constitute a navigational hazard. the width of the waterway; or c. Width. The width of docks, excluding ii) The proposed dock location boatlifts, shall not exceed 35 percent needs to be adjusted to protect of the width of the property mea- environmentally sensitive ar- sured at the waterfront property line eas; or or 50 feet, whichever is less. iii) The property configuration pre- d. Covered boatlifts. Covered boatlifts cludes the placement of a dock are permitted provided a permanent in compliance with the required and solid roof deck is constructed dimensional standards; how- with material such as asphalt shin- ever, the proposed dock will be gles, metal, tile or wood. Canvas and similar in dimensional charac- canvas like roof materials are pro- teristics as surrounding dock hibited. Vertical sidewalls are pro- patterns. hibited on any boatlift or dock. 2. Multi-use docks. A multi-use dock, which e. Number of slips. No dock shall pro- is any dock owned in common or used by vide more than two slips for the the residents of a multi-family develop- mooring of boats, except as house- ment, condominium, cooperative apart- boats may otherwise be permitted ment, mobile home park or attached zero consistent with Chapter 33 of the lot line development shall be permitted as City's Code of Ordinances. Slips shall a Level One (minimum standard) use be for the exclusive use of the resi- provided such dock is less than 500 square dents of the contiguous upland prop- feet in deck area and complies with the erty. Personal watercraft lifts are dimensional standards set forth in Sec- not considered to be boat slips. tion 3-601(C)(3)(h). Deviations to the di- f. Width of catwalks. Service catwalks mensional standards for multi-use docks shall not exceed three feet in width. may be reviewed and approved in accor- dance with Section 3-601.C.1.g. g. Deviations. The community develop- ?-? ment coordinator may grant devia- Commercial docks. A commercial dock is tions from the requirements of this any dock, pier, or wharf, including boatlifts, section as a Level One (minimum that is used in connection with a hotel, standard) approval provided that motel or restaurant where the slips are signed and notarized statements of not rented, leased or sold; or such facili- no objection are submitted from ad- ties used in connection with a social or jacent waterfront property owners, fraternal club or organization and used as well as signed and notarized state- only by its membership; or such facilities ments on the Pinellas County Water constructed and maintained by the City of Supp. No. 8 CD3:19 0 • § 3-601 COMMUNITY DEVELOPMENT CODE Clearwater, Pinellas County or by any injury to marine grassbeds or state or federal agency. Commercial docks other aquatic resources in the shall only be permitted as a Level Two surrounding areas. (flexible development) use, which re- ii) Docks shall not have an ad- quires approval by the community devel- verse impact upon natural ma- opment board (CDB). Any multi-use dock rine habitats, grass flats suit- with a deck area exceeding 500 square able as nursery feeding grounds feet shall be treated as a commercial dock. for marine life, or established All commercial docks shall be reviewed marine soil suitable for produc- for compliance with the following criteria. ing plant growth of a type use- Use and compatibility. ful as nursery or feeding grounds for marine life; manatee sanc- i) The proposed dock shall be sub- tuaries; natural reefs and any ordinate to and contribute to such artificial reef which has the comfort, convenience or ne- developed an associated flora cessities of the users or the and fauna which have been de- occupants of the principal use termined to be approaching a of the property. typical natural assemblage ii) The proposed dock shall be in structure in both density and harmony with the scale and diversity; oyster beds; clam beds; character of adjacent proper- known sea turtle nesting site; ties and the neighborhood in commercial or sport fisheries or general. shell fisheries areas; and habi- tats desirable as juvenile fish iii) The proposed dock shall be com- habitat. patible with dock patterns in e. Impacts on water quality. the general vicinity. i) All turning basin, access chan- Impacts on existing water recreation nels, boat mooring areas and activities. The use of the proposed any other area associated with dock shall not adversely impact the a dock shall have adequate cir- health, safety or well being of per- culation and existing water sons currently using the adjacent depths to ensure that a mini- waterways for recreational and/or mum of a one foot clearance is commercial uses. Furthermore, it provided between the lowest shall not hinder or discourage the member of a vessel (e.g. skegs, existing uses of the adjacent water- rudder, prop) and the bottom of way by uses including but not lim- the waterbody at mean or ordi- ited to non-motorized boats and mo- nary low water (-0.95 NGVD torized boats. datum). Impacts on navigation. The exist- ii) The dock shall not effectively ence and use of the proposed dock cause erosion, extraordinary shall not have a detrimental effect storm drainage, shoaling of on the use of adjacent waters for channels, or adversely affect the navigation, transportation, recre- water quality presently exist- ational or other public conveniences. ing in the area or limit progress that is being made toward im- Cd Impacts on marine environment. provement of water quality in i) Docks shall be sited to ensure the area in which the dock is that boat access routes avoid proposed to be located. Supp. No. 8 CD3:20 0 0 DEVELOPMENT STANDARDS § 3-6 ( f.) Impacts on natural resources. front property width from the \*-? adjacent waterfront single-fam- i) The dock shall not have a ma- ily or two-family property. terial adverse impact upon the conservation of wildlife, marine ii) Length. The length of commer- life, and other natural resources, cial and multi-use docks shall including beaches and shores, not extend from the mean high so as to be contrary to the pub- water line or seawall of the lic interest. applicant's property more than 75 percent of the width of the ii) The dock shall not have an ad- applicant's property measured verse impact on vegetated ar- at the waterfront property line. eas; vegetative, terrestrial, or Tie poles may extend beyond aquatic habitats critical to the the dock provided such poles do support of listed species provid- not extend 25 percent of the ing one or more of the require- width of the waterway and do ments to sustain their exist- a navigational not constitute ence, such as range, nesting or hazard. feeding grounds; habitats which display biological or physical iii) Width. The width of commer- attributes which would serve to cial and multi-use docking fa- make them rare within the con- cilities shall not exceed 75 per- fines of the city; designated pres- cent of the width of the ervation areas such as those applicant's property measur( identified in the comprehensive at the waterfront property. lint land use plan, national wildlife iv) Covered boatlifts. Covered refuges, Florida outstanding wa- boatlifts are permitted provided ters or other designated preser- a permanent and solid roof deck vation areas, and bird sanctu- is constructed with material arees,. such as asphalt shingles, metal, n Impacts on wetlands habitat/up- tile or wood. Canvas and can- vas like roof materials are pro- lands. The dock shall not have a material adverse affect upon the up- hibited. Vertical sidewalls are lands surrounding. prohibited on any boatlift or Dimensional standards. dock. v) Deviations. Deviations from the i) Setbacks. All commercial and requirements of this section may multi-use docks shall be lo- be considered and approved by cated so that no portion of such the community development dock is closer to any property board in order to comply with line as extended into the water the review criteria established than ten percent of the in sections 3-601(C)(3)(a)-(g). applicant's property width mea- sured at the waterfront prop- Publicly owned facilities. Roof struc- erty line. Multi-use private and tures shall be permitted on publicly commercial docks abutting ad- owned boardwalks, observation plat- jacent waterfront single-family forms, elevated nature trails and or two-family property must be other such structures not intende setback a minimum of one- for use as a dock facility, howeve third of the applicant's water- vertical walls shall be prohibited. Supp. No. 6 CD3:21 F' FAX COVER MEMO CITY OF CLEARWATER PLANNING DEPARTMENT 100 S. MYRTLE AVE. CLEARWATER, FL 33756 (727) 562-4567 FAX: (727) 562-4865 To: IL-6 beJ-y- 1 hew o?r? y crl qANlL x.:e as FAX: +x)'7 - US - s- O I Phone: 4-*6 ` Z- 14 ? ' Z- ct 4'y FROM: Q Phone: J ?O Z' 4- SD DATE:_ ] O (3 S RE: F-L--D 1-0,0's - 0 9 0 1 4- )10 91 E f c %t-s. ?o A-ic,, MESSAGE: NUMBER OF PAGES(INCLUDING THIS PAGE) S 0 i Oct. 03 2005 06:24PM YOUR LOG O City0fClearwater-Plan Dept YOUR FAX NO. 727 562 4865 NO. OTHER FACSIMILE START TIME USAGE TIME MODE PAGES RESULT 01 94476524 Oct.03 06:22PM 02'05 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 C435-7329). f s Oct. 03 2005 06:21PM YOUR LOGO CityOfClearwater-Plan Dept YOUR FAX NO. 727 562 4865 NO. OTHER FACSIMILE START TIME USAGE TIME MODE PAGES RESULT 01 97365013 Oct.03 06:18PM 03'14 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 C435-73291. ' ?%?%a? CoB, ?16?r. cka•?. C&Alfud V"Af CCu,b goa -Oldlt? Y-' u dm4t4 a"mv.? 1yrs?A : 9/??J?$? Vol" Ws"dd f .. Wo6d loon Ali BallgA1 RZ 34 6; ? P1: (si3) 444P 2945 L .. RECENED APR 2 2007 ' T. p? A.pta4 1MimS d?cai U grr...dl wp r yJt 4 t 3 Tan AYI ow wwq ?l1iA?R; ?f. $40 b -29 PN: (w) !44, 43 '0 • 0 ? v ' ? . f d y r '?- '.k a { . y f 3!{ ?i 1 ,!i f ?Ke/?{ ts,??,iq?eF ,, r Y4 `r? SSA ? e ?? Z,i L .:: f r :r ?+ ? ' t ?- Y ? •CK ?.'? 7t?r„ , ., ylly - A f ' e f l ?9 ` ? a ? ?? M P., ??h) i ? ?{ f d `( J.(YR? ?,?Px .1 Y'Y1 '•.lf? ?/?'. 7 t .;.G / pi ?e? ,.. ,? ? ?G? ?., r l p' ? f' ,'; s p ` ?,i-'•?; J ? ?? M q y 7 Y ? ? ? ?'?x??? y ? ? r pyµ `? h''4 .?Y pr' 's? ? i??3 s t j;N-?s ,? .y 1 ? „? . 0. + r r ? ? s ?t ? , . h. lot i n\?.. td to .?i.t wy ?.. q Uzi ... /a s ? ? ; ... r. ? .. ... ' t i e j swat k"• ?P 2-ti• 0 • RECEIVED APR 2 0 2006 NAMMMARNM CRY OF CLENtWAM ?a,. 1"SYGL?t " _ _f r t Eli, NJ at this time. As you know, the Club has been working for the last three years on expanding its dock facilities. Al- though we have had examples of the plans displayed in the lobby, we have not been able to finalize these plans until we knew exactly what our needs were. Last fall we sent a letter to the gen- eral membership, along with a return post card, asking for members to tell us of their needs and whether they would be interested in Carlouel boat facilities. We were surprised at the number of requests for electric lifts, which outnumbered the request for wet slips. From the inception of the idea of having permanent boat slips, it was decided that the cost of construction would be borne by pre-paid rent. There is no ownership of the docks by the individual member. As an ex- ample, the Cabanas have always been rented by members not owned. The latest design of the proposed docks has them located in an area that wi ll least obstruct our neighbors' view as well as our members' view from the club. The City of Clearwater has assured us that our docks will not obstruct navigation. The facility is designed to meet or exceed all envi- ronmental regulations known to its In the plans we have included an ample amount of space for members to bring their boats to the club on week- ends and enjoy the club facilities as they always have been able to do. What are the benefits to the Club? 1. Carlouel Yacht Club is the only member of the Florida Council of Yacht Clubs that does not have per- manent docks for its members. 2. In order to be competitive in the coming decade, Carlouel needs to look like, act like, and be a true yacht club. 3. Carlouel must in the years to come, offer more and more services to jus- tify the clues dollar. The new docks will be one more way to further that end at a minimal expense. What will be the financial benefits to the Club? 1. The Club will acquire facilities at no capital cost. 2. After prepaid rental periods have expired, Carlouel will begin collect- ing actual rent creating a substantial new income source. These additional revenues can be used to help offset costs of other special use facilities for which no user fees are charged. 3. Dining room and bar will benefit from the additional revenue received from the members. contintuec/. . l' 4. Who will own the docks? Carlouel will own the docks. All the boat slips and cradle lift facili- ties will be leased to the members by the club. Who will pay for the new facilities? There will be no cost to the club! The cost of building the facilities will be borne by the lessee mem- bers in the form of prepaid rent. Who will pay for the utilities? Each slip will have a modern util- ity pedestal providing electrical power up to 50 amps and 208 volts (enough for the largest boats), which has an individual meter; therefore, the lessee wi I I pay for the actual consumption. Telephone and cable will also be paid for by boat owners. Will there be glaring obtrusive elevated lights? No! The only dock light will come 1 from subdued I ight from the 5 ft. ped- estals which is focused downward. What will the effect on boat traffic be? 1. Boat activity to and from the docks on the south should be mini- mal; almost nonexistent on the north. 2. Through traffic past the docks should not be obstructed as the City of Clearwater has said it will meet their requirements for not imped- ing navigation; however, we will encourage a "No Wake" zone for the comfort and safety of members god and guests aboard vessels. How will we meet the needs of the environment? Because some members with larger boats will be' spending weekends aboard (as has been the case with visiting boats for many years), *_P-7 Carlouel wi II provide a waste pump out service at every wet slip. Visi- tors and boats on lifts will have access to the system at the end of the dock and all vessels will be re- quired to meet all regulations. Our representative to the Florida Council of Yacht Clubs is a mem- ber of the Department of Environ- mental Protection's Clean Vessel Act Committee and Clean Marina Committee. The Clean Marina Committee is active in the devel- opment of a document entitled, "Clean Marina Best Management Practices". When complete it is our intention to meet or exceed these.. recommendations which go far be- yond the requirements. We also expect to enlist the aid of the Center for Environmental Solution, Inc., a national clean marina program. If you have any questions, please call Roger Haymond, John Meek, or Bill Allbright. OW lnedbkq o ?l 'E«®RA& CITY OF CLEARWATER PLANNING DEPARTMENT r POST OFFICE BOX 4748, CLEARWATER, FLORIDA 33758-4748 MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756 TELEPHONE (727) 562-4567 FAX (727) 562-4576 TANG RA vE PLANNING DEVELOPMENT REVIEW April 25, 2005 Mr. Timothy A. Johnson, Jr., Esquire RECENED Johnson, Pope, Bokor, Ruppel & Bums, LLP P. O. Box 1368 Clearwater, FL 33757-1368 APR 2 0 2006 RE: Development Order - Case FLD2005-01005/SGN2005-01016 PLANNING DRPARIM" 430 South Gulfview Boulevard CITY OFCLMRWA11R Dear Mr. Johnson: This letter constitutes a Development Order pursuant to Section 4-206.D.6 of the Community Development Code. On April 19, 2005, the Community Development Board reviewed your request for (1) Terminations of Status of Nonconformity. for density to allow the continuation of an existing 217- room/unit hotel (where 74 rooms/units are permitted: today)and for height to allow. the existing.155-foot high building (where -a :maximum height of 150 feet is permitted today); (2) Flexible Development approval to permit a 217-room/unit overnight accommodation use- with a reduction. to the rear .(west) setback from 20 feet to zero feet (to patio/pool decking a nd tiki bars) and to allow patio/pool decking seaward (westward) of the Coastal Construction Control Line, an increase to building height from 35 feet to 155 feet (to existing roof deck) and a reduction to required parking from 217 to 201 spaces (existing), as a Comprehensive Infill Redevelopment Project, under the provisions of- Section 2-803.C; (3) Reduction to the required interior landscape area, as a Comprehensive Landscape Program, under the provisions of Section 3-1202.G; and (4) Comprehensive Sign Program approval, under the provisions of Section 3-1807 (SGN2005-01016). The Community Development Board (CDB) APPROVED the applications with the following bases and conditions: Bases for Approval: 1. The proposal complies with the Termination of Status of Nonconformity for density and building height per Section 6-109; 2. The proposal complies with the Flexible Development criteria as a Comprehensive Infill Redevelopment Project per Section 2-803.C; 3. The proposal is in compliance with other standards in the Code including the General Applicability Criteria per Section 3-913; 4. The proposal complies with Beach by Design; 5. Staff proposed . signage complies with the Comprehensive Sign, . Program standards, under the provisions of ;Section 3-1807; and 6. The proposal is compatible with the surrounding development, 'and will assist in retaining the community character of the immediate vicinity.. BRIAN J. AUNGST, MAYOR-COMMISSIONER HOYT HAMILTON, VICE MAYOR-COMMISSIONER WHITNEY GRAY, COMMISSIONER FRANK HIBBARD, COMMISSIONER ® Biu. JONSON, COMMISSIONER "EQUAL. EMPLOYMENT AND AFFIRMATIVE ACTION EMPLOYER" April 25, 2005 Johnson - Page Two Conditions of Approval: 1. That any voluntary demolition of this existing building shall not vest the existing height of 155 feet. Any future reconstruction requires compliance with current Code height requirements; 2. That the final design and color of the building be consistent with the conceptual elevations submitted to, or as modified by, the CDB; 3. 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; 4. That all City approvals and easements necessary for the sidewalk connection for handicap accessibility to the sidewalk on City property to the north be obtained prior to the issuance of a Certificate of Completion; 5. That prior to the issuance of any permits, site and building plans be revised to show the removal of, and the striping out of, the two southern parking spaces on the west side of the porte cochere as a "no parking" area, acceptable to the Engineering Department; 6. 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; 7. That the City, prior to the issuance of a Certificate of Completion, approve the sidewalk cafe on the west side; 8. That the monument-style freestanding sign not exceed six feet in height, meet a five-foot setback from property lines and include the site address; 9. That all construction comply with FEMA requirements; and 10. That all Fire Department requirements be met prior to the issuance of any permits. You are also requested, since the property is more than one platted lot, to record a Declaration of Unity of Title in the public records of Pinellas County within 30 days of the date of this letter. The attached Declaration of Unity of Title document has been prepared for you for signature and recording. The new Declaration of Unity of Title document requires the owners' signature to be witnessed by two persons (whom also must sign the form) and be notarized prior to recording. Once the new Declaration of Unity of Title document is recorded, please submit a copy of the recorded document to Wayne Wells for our records. Pursuant to Section 4-407, an application for a building permit shall be made within one year of Flexible Development approval (April 19, 2006). All required certificates of occupancy shall be obtained within one year 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. • April 25, 2005 Johnson - Page Three 0 Additionally, an appeal of a Level Two approval (Flexible Development) may be initiated pursuant to Section 4-502.13 by the applicant or by any person granted party status within 14 days of the date of the CDB meeting. The filing of an application/notice of appeal shall stay the effect of the decision pending the final determination of the case. The appeal period for your case expires on May 3, 2005 (14 days from the date of the CDB meeting). If you have any questions, please do not hesitate to call Wayne M. Wells, Planner III, at 727-562-4504. You can access zoning information for parcels within the City through our website: www.myclearwater.com/gov/dgpts/plannin g. *Make Us Your Favorite! Sincerely, chael , Planning Director SAPlanning DepartmentlC D BIFLEX (FLD)Ilnactlve or Finished ApplicationslGul(view S 0430 Adams Mark+Radisson (7) - ApprovedlGulJview S 0430 Development Order.doc ` Steven A. Williamson From: Wayne.Wells@myClearwater.com Sent: Monday, April 10, 2006 2:50 PM To: Steven A. Williamson Subject: RE: FLD2005-09094, 1091 Eldorado Avenue I believe that I answered that in my initial response sent to you at 1:56 pm today (see below). If you are saying the primary use is nonconforming to the Flexible Development criteria restricting the location of a social and community center from abutting residential zoning, then the approval by the CDB of Case No. FL 99-11-21 granted a deviation from that criteria. Therefore, the primary use isn't nonconforming. -----Original Message----- RECEIVED From: Steven A. Williamson [mailto:stevew@jpfirm.com] Sent: Monday, April 10, 2006 2:38 PM APR 2 O ZOO6 To: Wells, Wayne Cc: Tim A. Johnson Subject: RE: FLD2005-09094, 1091 Eldorado Avenue PLANNING DEPARMW CRY OF CIEARWAM I understand that. I am just trying to get a clear answer on whether the primary use is nonconforming. Under the facts of this case, is the primary use conforming or nonconforming under the existing code? Steven A. Williamson, Johnson, Pope, Bokor, 911 Chestnut Street Clearwater, FL 33756 727-461-1818 (phone) 727-441-8617 (fax) Esquire Ruppel & Burns, LLP -----Original Message----- From: Wayne.Wells@myClearwater.com [mailto:Wayne.Wells@myClearwater.com] Sent: Monday, April 10, 2006 2:34 PM To: Steven A. Williamson Subject: RE: FLD2005-09094, 1091 Eldorado Avenue It is our determination that the issue is the docks and whether they should be approved. -----Original Message----- From: Steven A. Williamson [mailto:stevew@jpfirm.com] Sent: Monday, April 10, 2006 2:19 PM To: Wells, Wayne Cc: Tim A. Johnson Subject: RE: FLD2005-09094, 1091 Eldorado Avenue According to the City, they are not. I am just trying to get clear in my head the issues. Do we at least agree that the primary use is nonconforming under the current code? Steven A. Williamson, Johnson, Pope, Bokor, 911 Chestnut Street Clearwater, FL 33756 727-461-1818 (phone) 727-441-8617 (fax) Esquire Ruppel & Burns, LLP -----Original Message----- From: Wayne.Wells@myClearwater.com [mailto:Wayne.Wells@myClearwater.com] 1 • Sent: Monday, April 10, 2006 2:13 PM To: Steven A. Williamson Subject: RE: FLD2005-09094, 1091 Eldorado Avenue How are they expanding the primary use? -----Original Message----- From: Steven A. Williamson [mailto:stevew@jpfirm.com] Sent: Monday, April 10, 2006 2:08 PM To: Wells, Wayne Subject: RE: FLD2005-09094, 1091 Eldorado Avenue • I think the primary use is nonconforming because it does not comply with the current code requirement that Social and Community Centers not be located adjacent to residential districts. Steven A. Williamson, Johnson, Pope, Bokor, 911 Chestnut Street Clearwater, FL 33756 727-461-1818 (phone) 727-441-8617 (fax) Esquire Ruppel & Burns, LLP -----Original Message----- From: Wayne.Wells@myClearwater.com [mailto:Wayne.Wells@myClearwater.com] Sent: Monday, April 10, 2006 2:06 PM To: Steven A. Williamson Subject: RE: FLD2005-09094, 1091 Eldorado Avenue Why do you think it is nonconforming? -----Original Message----- From: Steven A. Williamson [mailto:stevew@jpfirm.com] Sent: Monday, April 10, 2006 2:00 PM To: Wells, Wayne Cc: Tim A. Johnson Subject: RE: FLD2005-09094, 1091 Eldorado Avenue Thank you Wayne. How is the existing use not a nonconforming use? Because of the prior approval of the 80 square foot addition or because it is unique to the area? Steven A. Williamson, Johnson, Pope, Bokor, 911 Chestnut Street Clearwater, FL 33756 727-461-1818 (phone) 727-441-8617 (fax) Esquire Ruppel & Burns, LLP -----Original Message----- From: Wayne.Wells@myClearwater.com [mailto:Wayne.Wells@myClearwater.com] Sent: Monday, April 10, 2006 1:56 PM To: Steven A. Williamson. Subject: FLD2005-09094, 1091 Eldorado Avenue Steve - The Carlouel Yacht Club is zoned Institutional (I) District. The Yacht Club is a "Social 2 and Community Center" use acTording to the Code. In the I Arict a "Social and Community Center" use is provided as a Flexible Standard Development (FLS) and a Flexible Development (FLD) use. The existing use is not a nonconforming use. On January 20, 2000, the Community Development Board approved Case No. FL 99-11-21 for an 80 square-foot addition with a front setback reduction. While the "Social and Community Center" use in the I District carries a criteria which states: "The parcel proposed for development does not abut any property designated as residential in the Zoning Atlas," it was acknowledged in the Staff Report for that case that the Yacht Club is unique in the community in that the surrounding area is totally single-family residential. It has been a longstanding policy of the Planning Department that the expansion of an accessory use (pool, shed, detached garage, docks, etc.) to a nonconforming use does not constitute the expansion of the primary use. It has been our determination that the expansion of these docks is not an expansion of the primary use. In the subject case (FLD2005-09094) going to the Community Development Board on April 18, 2006, the Code sets-out the provisions for docks and their expansion in Section 3-601. Wayne -----Original Message----- From: Steven A. Williamson [mailto:stevew@jpfirm.com] Sent: Thursday, April 06, 2006 10:58 AM To: Wells, Wayne Subject: RE: FLD2005-09094, 1091 Eldorado Avenue Wayne, can you please clarify the City's position as to whether the primary use (Carlouel Yacht Club) is nonconforming. It is my understanding that the City's position is that although the primary use is nonconforming an accessory use can be developed or expanded. Steven A. Williamson, Johnson, Pope, Bokor, 911 Chestnut Street Clearwater, FL 33756 727-461-1818 (phone) 727-441-8617 (fax) Esquire Ruppel & Burns, LLP ----.-Original Message----- From: Wayne.Wells@myClearwater.com (mailto:Wayne.Wells@myClearwater.com] Sent: Thursday, April 06, 2006 10:02 AM To: Steven A. Williamson Subject: FLD2005-09094, 1091 Eldorado Avenue Mr. Williamson - Attached is the Staff Report that we are sending to the CDB 1:00 pm on Tuesday, April 18, 2006. Wayne <<Eldorado 1091 Staff Report for 4.18.06 CDB.doc>> The CDB meeting will be at 3 0 0 Steven A. Williamson From: Wayne.Wells@myClearwater.com Sent: Monday, April 10, 2006 1:56 PM To: Steven A. Williamson Subject: FLD2005-09094, 1091 Eldorado Avenue Steve - The Carlouel Yacht Club is zoned Institutional (I) District. The Yacht Club is a "Social and Community Center" use according to the Code. In the I District a "Social and Community Center" use is provided as a Flexible Standard Development (FLS) and a Flexible Development (FLD) use. The existing use is not a nonconforming use. On January 20, 2000, the Community Development Board approved Case No. FL 99-11-21 for an 80 square-foot addition with a front setback reduction. While the "Social and Community Center" use in the I District carries a criteria which states: "The parcel proposed for development does not abut any property designated as residential in the Zoning Atlas," it was acknowledged in the Staff Report for that case that the Yacht Club is unique in the community in that the surrounding area is totally single-family residential. It has been a longstanding policy of the Planning Department that the expansion of an accessory use (pool, shed, detached garage, docks, etc.) to a nonconforming use does not constitute the expansion of the primary use. It has been our determination that the expansion of these docks is not an expansion of the primary use. In the subject case (FLD2005-09094) going to the Community Development Board on April 18, 2006, the Code sets out the provisions for docks and their expansion in Section 3-601. Wayne -----Original Message----- From: Steven A. Williamson [mailto:stevew@jpfirm.com] Sent: Thursday, April 06, 2006 10:58 AM To: Wells, Wayne Subject: RE: FLD2005-09094, 1091 Eldorado Avenue Wayne, can you please clarify the City's position as to whether the primary use (Carlouel Yacht Club) is nonconforming. It is my understanding that the City's position is that although the primary use is nonconforming an accessory use can be developed or expanded. Steven A. Williamson, Johnson, Pope, Bokor, 911 Chestnut Street Clearwater, FL 33756 727-461-1818 (phone) 727-441-8617 (fax) Esquire Ruppel & Burns, LLP -----Original Message----- From: Wayne.Wells@myClearwater.com [mailto:Wayne.Wells@myClearwater.com] Sent: Thursday, April 06, 2006 10:02 AM To: Steven A. Williamson Subject: FLD2005-09094, 1091 Eldorado Avenue Mr. Williamson - Attached is the Staff Report that we are sending to the CDB. The CDB meeting will be at 1:00 pm on Tuesday, April 18, 2006. Wayne <<Eldorado 1091 Staff Report for 4.18.06 CDB.doc>> 1 CDB Meeting Date: April 18, 2006 Case Number: FLD2005-09094 Agenda Item: DI Owner/Applicant: Carlouel Yacht Club Representative: Mr. Robert M. Thompson Jr. Address: 1091 Eldorado Avenue CITY OF CLEARWATER PLANNING DEPARTMENT AMENDED STAFF REPORT GENERAL INFORMATION: C R;GNAL REQUEST: Flexible Development approval for the expansion of an existing commercial dock by adding three floating docks (two 10' x 70' and one 10'x 76' floating dock additions) to the existing 10'x 250' float- ing dock for transient vessel mooring, with a reduction in side (north) setback from 226.13 feet to 76 feet, under the provisions of Section 3-601. EXISTING ZONING/ Institutional (I) District; INS, Institutional Category LAND USE: PROPERTY SIZE: 2.813 acres; 122,534 square feet (east of Eldorado Avenue only) PROPERTY USE: Current Use: Carlouel Yacht Club, with an existing dock of 12 boat slips, and a 10-foot long by 250-foot wide floating dock on the north side of the property located four feet from the seawall Proposed Use: Carlouel Yacht Club, with three floating dock additions (two 10' x 70' and one 10' x 76' floating dock additions) to the existing 10'x 250' floating dock for transient vessel mooring ADJACENT ZONING/ North: Low Density Residential District; Detached dwellings LAND USES: East: Preservation District; Water South: Low Medium Density Residential District; Detached dwellings West: Low Medium Density Residential District; Detached dwellings CHARACTER OF THE IMMEDIATE VICINITY: Detached dwellings dominate the immediate vicinity. Staff Report - Community Development Board - April 18, 2006 Case FLD2005-09094 - Page 1 of 8 0 9 UPDATE: The original application was for the expansion of an existing commercial dock (10'x 107' floating dock addition to an existing 10'x 250' floating dock for transient vessel mooring), with a reduction in side (north) setback from 226.13 feet to 3.3 feet. At their meeting on December 20, 2005, the Community Development Board (CDB) continued this application, at the applicant's request, to the January 17, 2006, agenda in order to address neighbor concerns. The applicant modified their application to only relocate the existing 10' x 250' floating dock out 81 feet from the seawall and removed the dock extension that projected farther out from this relocated floating dock. The CDB at their January 17, 2006, meeting again continued the proposal to the March 21, 2006, meeting to further address neighbor concerns. To address a potential legal issue, Staff requested this case be continued from the March 21, 2006, agenda to the April 18, 2006, agenda. This Staff Report has been amended to reflect the current proposal. ANAT.VCTC. Site Location and Existing Conditions: The 2.813-acre site is located on the east side of Eldorado Avenue, approximately 300 feet north of Bay Esplanade. The site is currently developed with the Carlouel Yacht Club (Social and Community Center use), which is unique in the community in that this institutional-type use is located in an area dominated by detached dwellings. The site currently contains a fixed dock of 12 slips, approximately in the center of the waterfront property, and a 10-foot long by 250-foot wide floating dock on the north side of the property located four feet from the seawall. The Community Development Board (CDB) approved the existing floating dock on January 21, 2003 (Case No. FLD2002-10033). Proposal: The applicant now seeks to maintain the approved 10' x 250' floating dock in its existing location and expand it by adding three floating docks (two 10' x 70' and one 10' x 76') as extensions from this existing floating dock. Members and guests of the Carlouel Yacht Club while visiting the Club will only use this floating dock for transient mooring, not for the permanent mooring of vessels. Since constructing the existing floating dock in 2003, the Club has discovered they are violating the requirement of the Florida Council of Yacht Clubs to provide a minimum of four tie-up spaces for visiting boats of 40 feet. The original purpose of the existing floating dock was to provide tie-up facilities for small boats belonging to members, allowing members to access the Club by water and thereby reducing vehicular traffic on the roadways and parking demands. These larger boats historically tied up along the seawall and now tie up to the existing floating dock, not allowing the small boats to also moor at this floating dock. The proposed configuration of the floating dock with the three additions will allow increased usage of the floating dock by both large and small boats, rather than having to anchor their vessels and use a small boat to ferry persons over to the existing dock to access the site, and allow the Club to be in compliance with the requirements of the Florida Council of Yacht Clubs. The proposal does not appear to have any adverse impact upon the recreational or commercial use of the waterway and the floating dock additions do not impose any navigational hazards. There is a deep-water channel running between the applicant's seawall and a wide sea grass bed and mangrove island estuarine type environment over 350 feet to the east. The proposed dock is located a safe distance from this natural marine habitat, grass flats or marine life and, therefore, does not pose any adverse impacts. Studies provided by the applicant do not indicate any evidence of hard-bottom communities (e.g., oysters, soft corals, bryozoans, and tunicates), or any evidence Staff Report - Community Development Board - April 18, 2006 Case FLD2005-09094 - Page 2 of 8 0 0 of marine sea grass, within the area of the proposed floating dock. The City's Harbor Master (William Morris) does not oppose this request, but reserves the right, should Dunedin Pass ever be re-opened either by act of nature or legislation, to require a re-evaluation of the floating dock location at such time. Such re-evaluation would include, but not be limited to, waterway depths and dynamics such that if the floating dock or vessels moored on the outboard (east) side encroaches into a proposed channel, such floating dock be moved back (west) so as not have moored vessels encroach on the Mandalay Channel. Since the Club is adjacent to detached dwellings, the commercial dock is required to locate within the center one-third of the property. The applicant is requesting a setback reduction on the north side from 226.13 feet to 76 feet to the northernmost floating dock addition. The existing floating dock will remain at a six-foot side (north) setback. The detached dwelling lot directly to the north does not have the physical dwelling on it, rather the dwelling is on the west side of Eldorado Avenue and their dock is on the east side of Eldorado Avenue. The dock for the detached dwelling lot to the south is at an approximate zero setback to the common property line. The proposed floating dock additions (including the existing fixed slips) is proportional to its upland waterfront lot width and is in harmony with the scale and character of the surrounding single-family docks. The proposed dock is in harmony with the scale and character of the Yacht Club, which has a 678.4-foot waterfront lot width, which is much greater than the surrounding detached dwelling lot widths. The Club is located within a large detached dwelling area. The Club is a unique circumstance not generally found within the community. Most docks, obviously, in the vicinity are in a length, width and setback in relation to the detached dwelling character of those lots. The proposed floating dock additions are proportionally compatible with the other docks within the neighborhood. Prior to the signoff by the Planning Department for the County building permit for the floating dock additions, a building permit to install fire risers on the floating dock acceptable to the Fire Department must be submitted. Prior to completion of the dock additions, the fire riser permit must be finalized. Dock supported signage will need to be permanently installed warning boaters of the existence of protected sea grasses and manatees in the vicinity. Lighting should be installed at each end of the floating dock additions to make the dock more visible to recreational boaters at night. Code Enforcement Analysis: There are no outstanding enforcement issues associated with this site. Staff Report - Community Development Board - April 18, 2006 Case FLD2005-09094 - Page 3 of 8 • 0 COMPLIANCE WITH STANDARDS AND CRITERIA: (Section 3-601.C.3): STANDARD PERMITTED PROPOSED CONSISTENT INCONSISTENT REQUIRED SETBACKS One third of North: Six feet X* (minimum) the waterfront (existing); 76 feet property width (northernmost (678.4 feet floating dock width; 226.13 addition) feet setback South: 203 feet required) (existing dock) LENGTH (maximum) 75 percent of 81 feet (existing X the width of floating dock and the property dock additions) 508.8 feet WIDTH (maximum) 75 percent of 464 feet X the width of the property (508.8 feet) * Reduction requested on north side. Staff Report - Community Development Board - April 18, 2006 Case FLD2005-09094 - Page 4 of 8 0 0 COMPLIANCE WITH FLEXIBILITY CRITERIA (Section 3-601.C.3): Consistent' Inconsistent 1. The proposed dock shall be subordinate to and contribute to the X comfort, convenience or necessities of the users or the occupants of the principal use of the property. 2. The proposed dock shall be in harmony with the scale and character of X adjacent properties and the neighborhood in general. 3. The proposed dock shall be compatible with dock patterns in the X* general vicinity. 4. Impacts on Existing Water Recreation Activities. The use of the X proposed dock shall not adversely impact the health, safety or well being of persons currently using the adjacent waterways for recreational and/or commercial uses. Furthermore, it shall not hinder or discourage the existing uses of the adjacent waterway by uses including but not limited to non-motorized boats and motorized boats. 5. Impacts on Navigation. The existence and use of the proposed dock shall X not have a detrimental effect on the use of adjacent waters for navigation, transportation, recreational or other public conveniences. 6. Docks shall be sited to ensure that boat access routes avoid injury to X marine assbeds or other aquatic resources in the surrounding areas. 7. Docks shall not have an adverse impact upon natural marine habitats, X grass flats suitable as nursery feeding grounds for marine life, or established marine soil suitable for producing plant growth of a type useful as nursery or feeding grounds for marine life; manatee sanctuaries; natural reefs and any such artificial reef which has developed an associated flora and fauna which have been determined to be approaching a typical natural assemblage structure in both density and diversity; oyster beds; clam beds; known sea turtle nesting site; commercial or sport fisheries or shell fisheries areas; and habitats desirable as juvenile fish habitat. 8. All turning basin, access channels, boat mooring areas and any other X area associated with a dock shall have adequate circulation and existing water depths to ensure that a minimum of a one foot clearance is provided between the lowest member of a vessel (e.g. skegs, rudder, prop) and the bottom of the water body at mean or ordinary low water -0.95 NGVD datum). 9. The dock shall not effectively cause erosion, extraordinary storm X drainage, shoaling of channels, or adversely affect the water quality presently existing in the area or limit progress that is being made toward improvement of water quality in the area in which the dock is proposed to be located. 10. The dock shall not have a material adverse impact upon the X conservation of wildlife, marine life, and other natural resources, including beaches and shores, so as to be contrary to the public interest. Staff Report - Community Development Board - April 18, 2006 Case FLD2005-09094 - Page 5 of 8 0 • Consistent Inconsistent 11. The dock shall not have an adverse impact on vegetated areas; X vegetative, terrestrial, or aquatic habitats critical to the support of listed species providing one or more of the requirements to sustain their existence, such as range, nesting or feeding grounds; habitats which display biological or physical attributes which would serve to make them rare within the confines of the City; designated preservation areas such as those identified in the comprehensive land use plan, national wildlife refuges, Florida outstanding waters or other desi ated reservation areas, and bird sanctuaries. 12. Impacts on Wetlands Habitat/Uplands. The dock shall not have a X material adverse affect upon the uplands surrounding. *See discussion under Analysis. 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 res*ding 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW: FINDINGS OF FACT 1. The subject 2.813 acres is zoned Institutional (1) District; 2. The current use of the upland is a "social and community center" (Carlouel Yacht Club), which is unique in the community in that this institutional-type use is located in an area dominated by detached dwellings; 3. The site currently contains a dock of 12 slips, approximately in the center of the waterfront property, and a 10-foot long by 250-foot wide floating dock on the north side of the property located four feet from the seawall. The Community Development Board (CDB) approved the existing floating dock on January 21, 2003 (Case No. FLD2002-10033); 4. The existing floating dock was originally approved at a side (north) setback of six feet, which will remain in this approved location; Staff Report - Community Development Board - April 18, 2006 Case FLD2005-09094 - Page 6 of 8 5. The proposal is to expand the existing commercial dock by adding three floating dock additions (two 10'x 70' and one 10'x 76') to the existing floating dock; 6. The proposal includes a reduction to the minimum side (north) setback from 226.13 feet to 76 feet for the northernmost floating dock addition; 7. The proposed dock expansion complies with maximum dock width and maximum dock length requirements of the Code; 8. The proposed dock is in harmony with the scale and character of the Yacht Club, which has a 678.4-foot waterfront lot width, which is much greater than surrounding detached dwelling lot widths; 9. There does not appear to be any adverse impact by the floating dock additions upon the recreational or commercial use of the waterway and the floating dock additions do not impose any navigational hazards; 10. Fire protection is required for these floating docks, which must be permitted prior to or in conjunction with the floating dock additions construction; 11. The proposed dock expansion (including the existing fixed slips) is proportional to its upland waterfront lot width and is in harmony with the scale and character of the surrounding single-family docks. The proposed dock is proportionally compatible with the other docks within the neighborhood; 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 of Section 3-601; 2. Staff further concludes that the proposal is in compliance with the General Applicability criteria per Section 3-913; and 3. Based on the above findings and the 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 Flexible Development approval for the expansion of an existing commercial dock by adding three floating docks (two 10' x 70' and one 10' x 76' floating dock additions) to the existing 10' x 250' floating dock for transient vessel mooring, with a reduction in side (north) setback from 226.13 feet to 76 feet, under the provisions of Section 3-601, for the site at 1091 Eldorado Avenue, with the following bases and conditions: Bases for Approval: 1. The proposal complies with the Flexible Development criteria under the provisions of Section 3-601. 2. The proposal is in compliance with other standards in the Code including the general applicability criteria per Section 3-913. 3. The dock development is compatible with the surrounding area. Staff Report - Community Development Board - April 18, 2006 Case FLD2005-09094 - Page 7 of 8 Conditions of Approval: 1. That the floating dock be for the exclusive use by members and guests of the Carlouel Yacht Club, that boats moored be transient and that there be no commercial activities at the docks (bait sales, vending, etc.); 2. That the City reserves the right, should Dunedin Pass ever be re-opened either by act of nature or legislation, to require a re-evaluation of the floating dock location at such time. Such re- evaluation would include, but not be limited to, waterway depths and dynamics such that if the dock or vessels moored on the outboard (east) side encroaches into a proposed channel, such floating dock be moved back (west) so as not have moored vessels encroach on said channel; 3. That dock-supported signage be permanently installed containing wording warning boaters of the existence of protected sea grasses and manatees in the vicinity; 4. That lighting be installed at each of the eastern ends of the floating dock to make the floating dock more visible to recreational boaters at night; 5. That a building permit to install fire risers on the floating dock acceptable to the Fire Department be submitted prior to Planning Department sign-off on the County dock permit application. Prior to completion of the floating docks additions, the fire riser permit shall be finalized; and 6. That a copy of the SWFWMD and/or FDEP Permit, Corps of Engineer's Permit and proof of permission to use State submerged land, if applicable, be submitted to the Planning Department prior to commencement of construction. Prepared by: Planning Department Staff: ?ja,-_,A k- /'VI. M Wayne Y. Wells, AICP, Planner III ATTACHMENTS: Location Map Aerial Map Zoning Map Existing Surrounding Uses Map Application S: (Planning DepartmentlC D BIFLEX (FLD) (Pending cases)Up for the next CDBIEIdorado 1091 Carlouel Yacht Club 2005 Dock Addition (I) - 4.18.06 CDB - WWIEldorado 1091 Staff Report for 4.18.06 CDB.doc Staff Report - Community Development Board - April 18, 2006 Case FLD2005-09094 - Page 8 of 8 ?J Resume Wayne M. Wells, AICP 100 South Myrtle Avenue Clearwater, FL 33756 727-562-4504 wavn e.wells(a),myclearwater.com PROFESSIONAL EXPERIENCE • Planner III Planning Department, City of Clearwater, FL r1 L_J November 2001 to Present As part of the Development Review Division, prepared and presented staff reports for Flexible Standard Development (staff-level cases), Flexible Development (public hearing cases) and Plats before the Development Review Committee and the Community Development Board and Development Agreements before the City Council; reviewed building permits for Code conformance; prepared and/or assisted preparation of Code amendments; provided public information (via telephone, mail, email, zoning counter or predevelopment meetings). • Zoning Coordinator Zoning Division, City of Pinellas Park, FL March 1989 to November 2001 Acting Zoning Director, Represented the Zoning Division on cases and issues before the City Council, Community Redevelopment Agency, Planning and Zoning Commission, Board of Adjustment and outside agencies; Prepared and presented staff reports for land use plan amendments, rezoned, planned unit developments, conditional uses, variances and site plans; reviewed final site plans and building permits for Code conformance; prepared and/or assisted preparation of Code amendments; provided public information (via telephone, mail, zoning counter or predevelopment meetings). • Program Manager, Zoning Branch Manatee County Department of Planning and Development June 1984 to March 1989 Bradenton, FL Trained and supervised three employees; Prepared and presented variances and appeals to the Board of Zoning Appeals; Coordinated final site plan and building permit review for Code conformance; Assisted in preparation of Code amendments; Provided public information (via telephone, mail, zoning counter or predevelopment meetings). Interim Code Enforcement Manager- Managed the Code Enforcement Section; supervised six employees; prosecuted cases before the Code Enforcement Board; investigated and prepared cases of alleged violations of land use and building codes. Planner II, Current Planning Section - Prepared and presented staff reports for rezones, planned developments, special permits, plats and mobile home parks to Planning Commission and Board of County Commissioners; reviewed final site plans and building permits for Code enforcement; assisted in preparation of Code amendments; provided public information (via telephone, mail, zoning counter or predevelopment meetings). • • • Planner I Alachua County Department of Planning and Development June 1980 to June 1984 Gainesville, FL Prepared and presented staff reports for rezones and special permits to Planning Commission and Board of County Commissioners; reviewed site plans and plats for Code conformance; assisted in preparation of Code amendments; provided public information (via telephone, mail, zoning counter or predevelopment meetings). Intern - Compiled and coordinated the Alachua County Information and Data Book; drafted ordinance revisions; general research. • Graduate Assistant University of Florida Department of Urban and Regional Planning 1979 to 1981 Gainesville, FL Coordinated downtown study for Mayo, FL; coordinated graphics for Jefferson County Comprehensive Plan. • Planning Technician Planning Division, City of St. Petersburg, FL 1977 to 1979 Prepared primarily graphics, for both publication and presentation; Division photographer for 1 %2 years; worked on historic survey and report. EDUCATION Master of Arts in Urban and Regional Planning (Degree not conferred; course work completed, thesis not completed), University of Florida, 1981 Bachelor of Design in Architecture, University of Florida, 1976 LICENSES & CERTIFICATES American Institute of Certified Planners American Planning Association, Suncoast Section i • 4C ? C N s PROJECT SITE 44 s DD¢ a d WrNy sr D o afl a a ?a? DID I CHAR -1 gT Location Map Owner. I Carlouel Yacht Club Case: FLD2005-09094 Site: 1091 Eldorado Avenue Property Size(Acres): 2.813 PIN: 32/28/15/54720/171/0050 Atlas Pages: 227A & 238A Owner: I Carlouel Yacht Club Case: FLD2005-09094 Site: 1091 Eldorado Avenue ( Property 2.813 Size (Acres) : PIN: 1 32/28/15/54720/171/0050 Atlas Pages: 227A & 238A C] • 1 r •3 1 1 1 `1 1 1 X89 l rv10981 `l 1 \ 1 1 \i 1 1091 ` 1 1088 1 1 1 rr 1 1 1 1 1 1 r? 1 I rl `? 1 1 L_ 1 1 l ? J ? t- tl_ 1 1 P f i ; 1076 il 1 10 OS / 1\ fOQB-r-yd62 r---r, 55 \ 108 1061 ^ 10541 r' : \ 1 ?\ ?_J1054 Op ?i^ \ 1050 \ c L ' \A L 0 046 r- J 1046 1 I ,"`? 1044 Q 1 _I ,'? ?A i ?\ P 1031 -- r? Q 1 t n i "? ?e?`g .?5'? ?? ??N ,?9 1 - \ 1044 ?i9 1-1 1? 11044:1 ? ? O ? ? ?? \` lOF?B'1_1038 O 1 ?? r--?1040 ? 1 1036 Q 1/0371 1 jl 1 ? i?? ? ?? 11034 40.1,1 -I'f032 If033 1 ??h ?? Zoning Map O F wner: Carlouel Yacht Club Case: FLD2005-09094 Site: 1091 Eldorado Avenue Property 2 813 Size(Acres): . PIN: 32/28/15/54720/171/0050 Atlas Pages: 227A & 238A 0 0 1 , 1 i 90 1 1 c' Detad" e kn aa9o 1 _ i10981 r? l 1 i 1091 Ya ht club bea h 10m pro e 1 1'1 1 1 ? 1 1 0 1 1 et z .1 ;1 d e Links 1 1 _ 0 11 1 1 1076 11 1t I 1 ; it i 107 1--- 1 1 --?68 4 \ \ r D 1 d " 56 1 . !'058 i ---- i 1061 \ 1055 ? 1054, ? ? ? \ _ 1054 0-11 etach 1050 aWtylll• etached j F-???\ tT ?9 ?p ? L X _ 46 ; 1046 1044 O 1 - 1044 -9 L 1j t Q _, ( „ ,pag-L_?038 O 1 n s 1040 t? \ < ifigs chi o `> ZI Existing Surrounding Uses Map Owner. Carlouel Yacht Club Case: FLD2005-09094 Site: 1091 Eldorado Avenue Property 2 813 Size(Acres): . PIN: 32/28/15/54720/171/0050 Atlas Pages: 227A & 238A • n View looking south at existing fixed docks on southern portion of subject property 1091 Eldorado Avenue FLD2005-09094 View looking north at existing floating dock View looking east at existing access to floating dock View looking northeast at waterway east of existing floating dock View looking southeast at waterway east of existin€ fixed docks and existing floating dock • Page 1 of 1 0 Wells, Wayne From: Wells, Wayne Sent: Monday, April 17, 2006 5:48 PM To: 'Nick Fri' Subject: RE: Carlouel Nick - 1. Setbacks - This was marked "consistent" with an asterisk indicating the reduction was only requested on the north side. The existing floating dock is at a six-foot north side setback. The northernmost east/west floating dock extension is proposed at a 76-foot north side setback. It was marked consistent due to the prior setback reduction granted by the CDB in 2003. 2. Width - Based on the table on Page 4 of the Staff Report, the maximum dock width permitted is 508.8 feet. The proposed dock width is 464 feet (which is less than the maximum). This was marked "consistent" for this reason. I hope this answers your questions. Any additional, let me know. Wayne -----Original Message----- From: Nick Fri [mailto:natbeach@tampabay.rr.com] Sent: Sunday, April 16, 2006 3:21 PM To: Wells, Wayne Subject: Carlouel Wayne, If the setback does not mee the 1/3 property width and Width does not meet the 75% Why are those two criteria checked as "Consistent?" Thanks Nick 4/18/2006 Wells, Wayne From: Steven A. Williamson [stevew@jpfirm.com] Sent: Monday, April 10, 2006 2:56 PM To: Wells, Wayne Subject: RE: FLD2005-09094, 1091 Eldorado Avenue Thank you Wayne. The combination of the first and last emails clarifies the point. Steven A. Williamson, Esquire Johnson, Pope, Bokor, Ruppel & Burns, LLP 911 Chestnut Street Clearwater, FL 33756 727-461-1818 (phone) 727-441-8617 (fax) -----Original Message----- From: Wayne.Wells@myClearwater.com [mailto:Wayne.Wells@myClearwater.com] Sent: Monday, April 10, 2006 2:50 PM To: Steven A. Williamson Subject: RE: FLD2005-09094, 1091 Eldorado Avenue I believe that I answered that in my initial response sent to you at 1:56 pm today (see below). If you are saying the primary use is nonconforming to the Flexible Development criteria restricting the location of a social and community center from abutting residential zoning, then the approval by the CDB of Case No. FL 99-11-21 granted a deviation from that criteria. Therefore, the primary use isn't nonconforming. -----Original Message----- From: Steven A. Williamson [mailto:stevew@jpfirm.com] Sent: Monday, April 10, 2006 2:38 PM To: Wells, Wayne Cc: Tim A. Johnson Subject: RE: FLD2005-09094, 1091 Eldorado Avenue I understand that. I am just trying to get a clear answer on whether the primary use is nonconforming. Under the facts of this case, is the primary use conforming or nonconforming under the existing code? Steven A. Williamson, Esquire Johnson, Pope, Bokor, Ruppel & Burns, LLP 911 Chestnut Street Clearwater, FL 33756 727-461-1818 (phone) 727-441-8617 (fax) -----Original Message----- From: Wayne.Wells@myClearwater.com [mailto:Wayne.Wells@myClearwater.com] Sent: Monday, April 10, 2006 2:34 PM To: Steven A. Williamson Subject: RE: FLD2005-09094, 1091 Eldorado Avenue It is our determination that the issue is the docks and whether they should be approved. 1 -----Original Message----- From: Steven A. Williamson (mailto:stevew@jpfirm.com] Sent: Monday, April 10, 2006 2:19 PM To: Wells, Wayne Cc: Tim A. Johnson Subject: RE: FLD2005-09094, 1091 Eldorado Avenue According to the City, they are not. I am just trying to get clear in my head the issues. Do we at least agree that the primary use is nonconforming under the current code? Steven A. Williamson, Esquire Johnson, Pope, Bokor, Ruppel & Burns, LLP 911 Chestnut Street Clearwater, FL 33756 727-461-1818 (phone) 727-441-8617 (fax) -----Original Message----- From: Wayne.Wells@myClearwater.com [mailto:Wayne.Wells@myClearwater.com] Sent: Monday, April 10, 2006 2:13 PM To: Steven A. Williamson Subject: RE: FLD2005-09094, 1091 Eldorado Avenue How are they expanding the primary use? -----Original Message----- From: Steven A. Williamson [mailto:stevew@jpfirm.com] Sent: Monday, April 10, 2006 2:08 PM To: Wells, Wayne Subject: RE: FLD2005-09094, 1091 Eldorado Avenue I think the primary use is nonconforming because it does not comply with the current code requirement that Social and Community Centers not be located adjacent to residential districts. Steven A. Williamson,, Esquire Johnson, Pope, Bokor, Ruppel & Burns, LLP 911 Chestnut Street Clearwater, FL 33756 727-461-1818 (phone) 727-441-8617 (fax) -----Original Message----- From: Wayne.Wells@myClearwater.com [mailto:Wayne.Wells@myClearwater.com] Sent: Monday, April 10, 2006 2:06 PM To: Steven A. Williamson Subject: RE: FLD2005-09094, 1091 Eldorado Avenue Why do you think it is nonconforming? -----Original Message----- From: Steven A. Williamson [mailto:stevew@jpfirm.com] Sent: Monday, April 10, 2006 2:00 PM To: Wells, Wayne Cc: Tim A. Johnson Subject: RE: FLD2005-09094, 1091 Eldorado Avenue 2 0 0 Thank you Wayne. How is the existing use not a nonconforming use? Because of the prior approval of the 80 square foot addition or because it is unique to the area? Steven A. Williamson, Esquire Johnson, Pope, Bokor, Ruppel & Burns, LLP 911 Chestnut Street Clearwater, FL 33756 727-461-1818 (phone) 727-441-8617 (fax) -----Original Message----- From: Wayne.Wells@myClearwater.com [mailto:Wayne.Wells@myClearwater.com] Sent: Monday, April 10, 2006 1:56 PM To: Steven A. Williamson Subject: FLD2005-09094, 1091 Eldorado Avenue Steve - The Carlouel Yacht Club is zoned Institutional (I) District. The Yacht Club is a "Social and Community Center" use according to the Code. In the I District a "Social and Community Center" use is provided as a Flexible Standard Development (FLS) and a Flexible Development (FLD) use. The existing use is not a nonconforming use. On January 20, 2000, the Community Development Board approved Case No. FL 99-11-21 for an 80 square-foot addition with a front setback reduction. While the "Social and Community Center" use in the I District carries a criteria which states: "The parcel proposed for development does not abut any property designated as residential in the Zoning Atlas," it was acknowledged in the Staff Report for that case that the Yacht Club is unique in the community in that the surrounding area is totally single-family residential. It has been a longstanding policy of the Planning Department that the expansion of an accessory use (pool, shed, detached garage, docks, etc.) to a nonconforming use does not constitute the expansion of the primary use. It has been our determination that the expansion of these docks is not an expansion of the primary use. In the subject case (FLD2005-09094) going to the Community Development Board on April 18, 2006, the Code sets out the provisions for docks and their expansion in Section 3-601. Wayne -----Original Message----- From: Steven A. Williamson [mailto:stevew@jpfirm.com] Sent: Thursday, April 06, 2006 10:58 AM To: Wells, Wayne Subject: RE: FLD2005-09094, 1091 Eldorado Avenue Wayne, can you please clarify the City's position as to whether the primary use (Carlouel Yacht Club) is nonconforming. It is my understanding that the City's position is that although the primary use is nonconforming an accessory use can be developed or expanded. Steven A. Williamson, Esquire Johnson, Pope, Bokor, Ruppel & Burns, LLP 911 Chestnut Street Clearwater, FL 33756 727-461-1818 (phone) 727-441-8617 (fax) -----Original Message----- From: Wayne.Wells@myClearwater.com [mailto:Wayne.Wells@myClearwater.com] Sent: Thursday, April 06, 2006 10:02 AM To: Steven A. Williamson Subject: FLD2005-09094, 1091 Eldorado Avenue Mr. Williamson - Attached is the Staff Report that we are sending to the CDB. The CDB meeting will be at 1:00 pm on Tuesday, April 18, 2006. Wayne <<Eldorado 1091 Staff Report for 4.18.06 CDB.doc>> 0 4 0 0 Wells, Wayne From: Wells, Wayne Sent: Monday, April 10, 2006 1:56 PM To: 'Steven A. Williamson' Subject: FLD2005-09094, 1091 Eldorado Avenue Steve - The Carlouel Yacht Club is zoned Institutional (I) District. The Yacht Club is a "Social and Community Center" use according to the Code. In the I District a "Social and Community Center" use is provided as a Flexible Standard Development (FLS) and a Flexible Development (FLD) use. The existing use is not a nonconforming use. On January 20, 2000, the Community Development Board approved Case No. FL 99-11-21 for an 80 square-foot addition with a front setback reduction. While the "Social and Community Center" use in the I District carries a criteria which states: "The parcel proposed for development does not abut any property designated as residential in the Zoning Atlas," it was acknowledged in the Staff Report for that case that the Yacht Club is unique in the community in that the surrounding area is totally single-family residential. It has been a longstanding policy of the Planning Department that the expansion of an accessory use (pool, shed, detached garage, docks, etc.) to a nonconforming use does not constitute the expansion of the primary use. It has been our determination that the expansion of these docks is not an expansion of the primary use. In the subject case (FLD2005-09094) going to the Community Development Board on April 18, 2006, the Code sets out the provisions for docks and their expansion in Section 3-601. Wayne -----Original Message----- From: Steven A. Williamson [mailto:stevew@jpfirm.com] Sent: Thursday, April 06, 2006 10:58 AM To: Wells, Wayne Subject: RE: FLD2005-09094, 1091 Eldorado Avenue Wayne, can you please clarify the City's position as to whether the primary use (Carlouel Yacht Club) is nonconforming. It is my understanding that the City's position is that although the primary use is nonconforming an accessory use can be developed or expanded. Steven A. Williamson, Johnson, Pope, Bokor, 911 Chestnut Street Clearwater, FL 33756 727-461-1818 (phone) 727-441-8617 (fax) Esquire Ruppel & Burns, LLP -----Original Message----- From: Wayne.Wells@myClearwater.com [mailto:Wayne.Wells@myClearwater.com] Sent: Thursday, April 06, 2006 10:02 AM To: Steven A. Williamson Subject: FLD2005-09094, 1091 Eldorado Avenue Mr. Williamson - Attached is the Staff Report that we are sending to the CDB. The CDB meeting will be at 1:00 pm on Tuesday, April 18, 2006. Wayne <<Eldorado 1091 Staff Report for 4.18.06 CDB.doc>> • Wells, Wayne From: Dougall-Sides, Leslie Sent: Thursday, April 06, 2006 4:15 PM To: Wells, Wayne Subject: RE: Carlouel Yacht Club Wayne, this sounds like an appropriate response, as we discussed, and it seems that the historical policy supports this approach. -----Original Message----- From: Wells, Wayne Sent: Thursday, April 06, 2006 2:58 PM To: Thompson, Neil; Dougall-Sides, Leslie Subject: Carlouel Yacht Club Neil and Leslie - I am responding to an email from Scott Williamson, who is representing one or more surrounding property owners to the Carlouel Yacht Club. The Yacht Club is on the April 18, 2006, CDB agenda for the expansion of the floating docks (accessory use). We spoke prior to the March 21, 2006, CDB meeting regarding whether the use is "nonconforming" and whether the expansion of the accessory docks required the primary use to be advertised as the expansion thereof. I have prepared a response to Mr. Williamson below and am seeking confirmation that the response is acceptable prior to sending the email response. Mr. Williamson's question or concern: Wayne, can you please clarify the City's position as to whether the primary use (Carlouel Yacht Club) is nonconforming. It is my understanding that the City's position is that although the primary use is nonconforming an accessory use can be developed or expanded. Response: The Carlouel Yacht Club is zoned Institutional (1) District. The Yacht Club is a "Social and Community Center" use according to the Code. In the I District a "Social and Community Center" use is provided as a Flexible Standard Development (FLS) and a Flexible Development (FLD) use. The existing use is not a nonconforming use. On January 20, 2000, the Community Development Board approved Case No. FL 99-11-21 for an 80 square-foot addition with a front setback reduction. While the "Social and Community Center" use in the I District carries a criteria which states: "The parcel proposed for development does not abut any property designated as residential in the Zoning Atlas," it was acknowledged in the Staff Report for that case that the Yacht Club is unique in the community in that the surrounding area is totally single-family residential. It has been a longstanding policy of the Planning Department that the expansion of an accessory use (pool, shed, detached garage, docks, etc.) to a nonconforming use does not constitute the expansion of the primary use. It has been our determination that the expansion of these docks is not an expansion of the primary use. In the subject case (FLD2005-09094) going to the Community Development Board on April 18, 2006, the Code sets out the provisions for docks and their expansion in Section 3-601. Thanks for your prompt response. 0 0 § 2-1004 COMMUNITY DEVELOPMENT CODE b. The reduction in side and rear set- back does not prevent access to the rear of any building by emergency vehicles; C. The reduction in side and rear set- back results in an improved site plan, more efficient parking or improved design and appearance; d. The reduction in side and rear set- back does not reduce the amount of landscaped area otherwise required; private organizations can establish and operate institutions with a public interest in support of the quality of life of the citizens of the City of Clearwater without adversely impacting the in- tegrity of adjacent residential neighborhoods, di- minishing the scenic quality of the City of Clearwater or negatively impacting the safe and efficient movement of people and things within the City of Clearwater. Section 2-1201.1. Maximum development po- tential. The Institutional District ("I") may be located in more than one land use category. It is the intent of the I District that development be con- sistent with the Countywide Future Land Use Plan as required by state law. The development potential of a parcel of land within the I District shall be determined by the standards found in this Development Code as well as the Countywide Future Land Use Designation of the property. Development potential for the Countywide Fu- ture Land Use Designations that apply to the I District are as follows: 9. Off-street parking: The physical character- istics of a proposed building are such that the likely uses of the property will require fewer parking spaces per floor area than otherwise required or that the use of significant portions of the building for storage or other non-parking demand- generating purposes. (Ord. No. 6417-99, § 4, 8-19-99; Ord. No. 6526-00, § 1, 6-15-00; Ord. No. 7106-03, § 4, 9-18-03; Ord. No. 7413-05, § 11, 5-5-05) DIVISION 11. RESERVED* Sections 2-1101-2-1104. Reserved. DIVISION 12. INSTITUTIONAL DISTRICT Clit#) Section 2-1201. Intent and purpose. The intent and purpose of the Institutional "I" District is to establish areas where public and *Editor's note-Ord. No. 6526-00, § 1, adopted June 15, 2000, repealed Div. 11, §§ 2-1101-2-1104, which pertained to Mixed Use District ("MU"). See the Table of Amendments. Countywide Future Maximum Dwelling Maximum Floor Land Use Units per Acre Area Ratio Hmper- Designation of Land vious Surface Ratio Institutional 12.5 dwelling FAR.65/ISR .85 units per acre Transportation/ n/a FAR.70/ISR .90 Utility (Ord. No. 6526-00, § 1, 6-15-00) Section 2-1202. Minimum standard develop- ment. The following uses are Level One permitted uses in the Institutional "I" District subject to the minimum standards set out in this Section and other applicable provisions of Article 3. Table 2-1202. "I" District Minimum Development Standards Use Min. Lot Area (sq. ft.) Min. Lot Width (ft.) Min. Setbacks (ft.) Max. Height (ft.) Min. Off-Street Parking Front Side Rear Assisted Living Facilities 20,000 100 25 10 20 50 1 per 1000, SF GFA Cemeteries 20,000 1 25 10 20 50 n/a Supp. No. 12 CD2:98 • ZONING DISTRICTS • § 2-1203 Table 2-1202. "I" District Minimum Development Standards I Min. Lot Area Min. Lot Max. Height Min. Off-Street Use (sq. ft.) Width (ft.) Min. Setbacks (ft.) (f ?.) Parking Front Side Rear Congregate Care 20,000 100 25 10 20 50 1 per 1000, SF GFA Educational Facilities 40,000 200 25 10 20 50 1 per 2 stu- dents Governmental Uses . 20,000 100 25 .10 20 50 4 per 1,000 SF GFA Hospitals 5 acres 250 25 25 25 50 21bed Nursing Homes 20,000 100 25 10 20 50 1 per 1000, SF GFA Places of Worship 20,000 100 25 10 20 50 1 per 2 seats 1 per 20,000 SF land area or as determined by the community Parks and Recreation Facilities n/a n/a 25 10 20 50 development coordinator based on ITE Manual stan- dards Schools 40,000 200 25 10 20 50 1 per 3 stu- dents (Ord. No. 6526-00, § 1, 6-15-00; Ord. No. 6928-02, § 28, 5-2-02) Section 2-1203. Flexible standard develop- ment. The following uses are Level One permitted uses in the Institutional District subject to the standards and criteria set out in this section and other applicable provisions of Article 3. Table 2-1203. "1" District Flexible Standard Development Standards Use Min. Lot Area (sq. ft.) Min. Lot Width (ft.) Min. Setbacks (f4.) Max. Height (ft.) Min. Off-Street Parking Front Side Rear Accessory Dwellings n/a n/a n/a n/a n/a n/a 1/unit Airport n/a n/a n/a n/a n/a n/a n/a Educational Facilities 40,000 200 15-25 10 15-20 50 .5-1 per 2 stu- dents Halfway Houses 10,000 100 15-25 10 15-20 30 1 per 2 resi- dents Hospitals 1-5 acres 100-250 15-25 10-25 15-25 50 1-2/bed Medical Clinic 20,000 100 15-25 10 20 30 5/1000 SF Supp. No. 6 CD2:99 0 0 § 2-1203 COMMUNITY DEVELOPMENT CODE I T A/ 9_ i9nz "7" n;.t.t r i Min. Lot Area Min. Lot Max. Height Min. Off-Street Use (sq. ft.) Width. (ft.) Min. Setbacks (ft.) (ft.) Parking Front Side Rear 1-10/1,000 SF Land Area or as determined by the commu- Outdoor Recreation/Entertainment 40,000 200 15-25 10 15-20 50 nity develop- went coordina- tor based on ITE Manual standards Parking Garages and Lots 20,000 100 15-25 10 15-20 50 n/a Places of Worship 20,000 100 15-25 10 15-20 50 .5-1 per 2 seats Public Transportation Facilities n/a n/a n/a n/a n/a 10 n/a Residential Shelters 10,000 100 15-25 10 15-20 30 1 per 2 resi- dents Retail Sales and Service 10,000 100 15-25 10 15-20 50 5 per 1,000 SF GFA Utility/Infrastructure Facilities(1) n/a n/a 15-25 10 15-20 n/a n/a Assisted Living Facilities 15,000-20,000 100 25 5 10 30-50 1 per 2 resi- dents Nursing Homes 15,000 100-150 25 5 15 30-40 1/1,000 sq. ft. Social and Community Center 20,000 100 15-25 10 15-20 30-40 4-5 per 1,000 GFA Congregate Care 20,000 100 25 5 10 30--50 1 per 2 resi- dents (1) Utility/infrastructure uses shall not exceed 3 acres. Any such use, alone or when added to contiguous like uses which exceed 3 acres shall require a land use plan map amendment to TransportationfUtility which shall include such uses and all contiguous like uses. Flexibility criteria: A. Accessory dwellings. ,One accessory dwell- ing, which is subordinate and accessory to a principal permitted use provided that: - Title to the accessory dwelling is vested in the ownership of the principal use; 2. The floor area of the accessory dwelling does not exceed 25 percent of the floor area of the principal use. B. Airport. All development activity identified in the 1999 Airport Master Plan study as short- term development projects shall be processed as Flexible Standard Development Projects, and all mid-term development projects shall be processed as Flexible Development Projects. All develop- ment projects at the city's Airpark must be con- sistent with the 1999 Master Plan. C. Educational facilities. 1. Off-street parking. The physical character- istics of a proposed building are such that the likely uses of the property will require fewer parking spaces per floor area than otherwise required or that the use of significant portions of the building will be used for storage or other non-parking demand-generating purposes. 2. Front setback: The reduction in front set- back results in an improved site plan or improved design and appearance. Supp. No. 6 CD2:100 • ZONING DISTRICTS 0 § 2-1203 3. Rear setback: The rear setback is neces- design and appearance and results in sary to preserve protected trees and/or landscaping in excess of the minimum results in an improved site plan or more required. efficient design and landscaping is in ex- 7 Off-street parking: The physical character- istics of a proposed building are such that D. Halfway houses. the likely uses of the property will require fewer parking spaces per floor area than 1. The halfway house is not located within otherwise required or that the use of 1,000 feet of another halfway house. significant portions of the building will be 2 Front setback: The reduction in front set- used for storage or other non-parking . back results in an improved site plan or demand-generating purposes. improved design and appearance. F. Medical clinic. 3. Rear setback: The reduction in rear set- 1. The use of the parcel proposed for devel- back is necessary to preserve protected opment is compatible with the surround- trees and/or results in an improved site ing area. plan or more efficient design and appear- ance and results in landscaping in excess 2. Front setback: The reduction in front set- of the minimum required. back results in an improved site plan or improved design and appearance. E. Hospitals. 3. Side and/or rear setback: The reduction 1. Lot area and width: Reduction results in in side and/or rear setback is necessary to improved site design and does not result preserve protected trees and/or results in in a building incompatible with surround- an improved site plan or more efficient ing area; design and appearance and results in 2 proposed for development is The parcel landscaping in excess of the minimum . , not contiguous to a parcel of land which is required. designated as residential in the Zoning 4. All waste disposal containers which serve Atlas; the proposed use are located within a 3. The use of the parcel proposed for devel- landscaped enclosed structure. opment will not involve direct access to a G. Outdoor recreation /entertainment. major arterial street; 1. The parcel proposed for development is 4. Off-street parking: The physical character- not contiguous to a parcel of land which is istics of a proposed building are such that designated as residential in the Zoning the likely uses of the property will require Atlas; fewer parking spaces per floor area than 2. All signage is a part of a comprehensive required or that the use of otherwise significant portions of the building for sign program; storage or other non-parking demand- 3. Sound amplification is designed and con- generating purposes. structed to ensure that no amplified sound 5 Front setback: The reduction in front set- can be heard to the extent that the sound . back results in an improved site plan or is recognizable in terms of the meaning of words or melody when wind conditions improved design and appearance. are less than ten miles per hour at a 6. Side and rear setback: The reduction in distance of more than 100 feet in all side and/or rear setback is necessary to directions or when wind conditions are preserve protected trees and/or results in ten miles per hour or greater at a distance an improved site plan or more efficient of more than 150 feet in all directions; Supp. No. 6 CD2:101 § 2-1203 COMMUNITY DEVELOPMENT CODE 4. All outdoor lighting is designed and con- structed so that no light falls directly on land other than the parcel proposed for development. 5. Off-street parking: The operational char- acter of the outdoor recreation/entertain- ment use and the location of the parcel proposed for Development is such that the likely use of the property will require fewer parking spaces per land area than otherwise required or that significant por- tions of the land will be used for passive or other non-parking demand-generating pur- poses. 6. Front setback: The reduction in front set- back results in an improved site plan or improved design and appearance. H. Parking garages and lots. 1. The parcel proposed for development is not contiguous to land designated as res- idential on the Zoning Atlas; 2. Access to and from the parking garage or lot shall be based on the findings of a transportation analysis approved by the city; 3. The stacking spaces available for cars waiting to pass through a parking ticket dispenser or booth to enter the garage or lot shall be based on the design and size of the garage or lot; 4. Any frontage along a public street is de- signed and improved to be similar in character and use to other uses and struc- tures fronting on each street for a dis- tance of 250 feet in either direction along the street or the nearest intersections, whichever is less; 5. Parking structures are designed, con- structed and finished so that the struc- ture of the garage is architecturally com- patible with the design and character of adjacent principal uses. 6. Front setback: The reduction in front set- back results in an improved site plan or Supp. No. 6 CD2:102 improved design and appearance and land- scaping in excess of the required mini- mum. 7. Rear setback: The reduction in rear set- back is necessary to preserve protected trees and/or results in an improved site plan or more efficient design and appear- ance and landscaping in excess of the minimum required. I. Places of worship. 1. Off-street parking: The physical character- istics of a proposed building are such that the likely uses of the property will require fewer parking spaces than otherwise re- quired or that the use of significant por- tions of the building will be used for storage or other non-parking demand- generating purposes. 2. Front setback: The reduction in front set- back results in an improved site plan or improved design and appearance and land- scaping is in excess of the minimum re- quired. 3. Rear setback: The reduction in rear set- back is necessary to preserve protected trees and/or results in an improved site plan or more efficient design and appear- ance and landscaping is in excess of the minimum required. J. Public transportation facilities. 1. The public transportation facilities are not located within 1,000 feet of another public transportation facility unless nec- essary to serve established transit stops with demonstrated ridership demand; 2. The public transportation facilities are designed, located and landscaped so that the structure of the facilities are screened from view from any residential use or land designated as residential in the Zon- ing Atlas; 3. Any lighting associated with the public transportation facilities is designed and located so that no light is cast directly on any residential use or land designated as residential in the Zoning Atlas. • ZONING DISTRICTS K. Residential shelters. 1. The parcel proposed for development does not abut a manufacturing, wholesale sales and service use, office or retail sales and service use; 2. The parcel proposed for development is located within 600 feet of a transit line; 3. The parcel proposed for development is not located within 1,500 feet of another residential shelter; 4. All outdoor lighting is designed and lo- cated so that light fixtures do not cast light directly on to adjacent land use for residential purposes; 5. The residential shelter does not involve outdoor eating or sleeping facilities. 6. Front setback: The reduction in front set- back results in an improved site plan or improved design and appearance and land- scaping exceeds the minimum required. 7. _ Rear setback: The reduction in rear set- back is necessary to preserve protected trees and/or results in an improved site plan or more efficient design and appear- ance and landscaping exceeds the mini- mum required. L. Retail sales and services. 1. The goods and services which are avail- able are limited to goods and services directly related to the physical health and well-being of persons or animals; 2. The retail sales and service use is located in a building which is used for a principal use which is otherwise permitted and the retail sales and service use occupies no more than ten percent of the gross floor area of the building; 3. Outdoor signage related to the retail sales and service use is limited to 12 square feet of total sign face or 25 percent of the face of a sign for the principal use; 4. Front setback: The reduction in front set- back results in an improved site plan or Supp. No. 6 CD2:103 § 2-1203 improved design and appearance and land- scaping exceeds the minimum required; and 5. Rear setback: The reduction in rear set- back is necessary to preserve protected trees and/or results in an improved site plan or more efficient design and appear- ance and landscaping exceeds the mini- mum required. M. Utility/ infrastructure facilities. 1. Any above ground structure other than permitted telecommunication towers and utility distribution lines located on or along a rear lot line shall be screened from view by a landscaped opaque wall or fence which is at least two-thirds the height of the above ground structure and shall be landscaped with trees which will five years after installation substantially obscure the fence or wall and the above ground structure. 2. Front setback: The reduction in front set- back results in an improved site plan or improved design and appearance. 3. Rear setback: The reduction in rear set- back is necessary to preserve protected trees and/or results in an improved site plan or more efficient design and appear- ance and landscaping exceeds the mini- mum required. N. Assisted living facilities. 1. The buildings in which the facilities are to be located do not have a flat roof; 2. Off-street parking is screened from adja- cent parcels of land and any adjacent street by a landscaped wall or fence of at least four feet in height; 3. All outdoor lighting is designed and lo- cated so that no light fixtures cast light directly on to adjacent land used for resi- dential purposes; 4. All waste disposal containers which serve the proposed use are located within a landscaped enclosed structure; 0 0 § 2-1203 COMMUNITY DEVELOPMENT CODE 5. The parcel proposed for development is not located in a designated Neighborhood Conservation District, or if the parcel is within the boundaries of a designated Neighborhood Conservation District, the lot area, lot width and setbacks are not less than 90 percent of the average lot area, lot width and setbacks of all im- proved parcels of land which are located within the Neighborhood Conservation Im- mediate Vicinity Area and the height does not exceed 120 percent of the average height of buildings and structures located within the Neighborhood Conservation Im- mediate Vicinity Area. 0. Nursing homes. 1. Off-street parking is screened from adja- cent parcels of land and any adjacent street by a landscaped wall or fence of at least four feet in height; 2. All waste disposal containers which serve the proposed use are located within a landscaped enclosed structure. R. Social and community centers. 1. The parcel proposed for development does not abut any property designated as res- idential in the Zoning Atlas; 2. Front setback: The reduction in front set- back results in an improved site plan or improved design and appearance; 3. Side and rear setback: The reduction in side and/or rear setback is necessary to preserve protected trees and/or results in an improved site plan or more efficient design and appearance and results in landscaping in excess of the minimum required. Q. Congregate care. 1. The buildings in which the use is to be located do not have a flat roof; 2. Off-street parking is screened from adja- cent parcels of land and any adjacent street by a landscaped wall or fence of at least four feet in height; 3. All outdoor lighting is designed and lo- cated so that light fixtures do not cast light directly on to adjacent land used for residential purposes; 4. All waste disposal containers which serve the proposed use are located within a landscaped enclosed structure. (Ord. No. 6928-02, § 29-33, 5-2-.02) Section 2-1204. Flexible development. The following are Level Two permitted uses in the Institutional District, subject to the standards and criteria set out in this section and other applicable provisions of Article 3. Table 2-1204. "1" District Flexible Development Min. Lot Area Min. Lot Max. Height Min. Off-Street Use (sq. /t.) Width (ft.) Min. Setbacks (/t.) (ft.) Parking Front Side Rear Determined by the community development Comprehensive Infill Redevelopment n/a n/a n/a n/a n/a n/a director based Project (1) on the specific use and/or ITE Manual stan- dards Marina and Marina Facilities 5,000 50 15-25 10-15 0-20 30 1 per 2 slips Social and Community Centers 20,000 100 15-25 10 15-20 30 4-5 per 1000 GFA Supp. No. 6 CD2:104 8. Adequate off-street parking in the imine- diate vicinity according to the shared park- ing formula in Division 14 of Article 3 will be available to avoid on-street parking in the immediate vicinity of the parcel pro- posed for development; $ 2-1204 Table 2-7204. "l" District flexible Development Min. Lot Area Mill. Lot rl-lax. Height Min. Ofl s(reet Use (sq. ft.) Width (ft.) Alin. Setbacks (ft.) (ft.) parkin{. Soeirrl/Pub/ic•.Serni.re.'l?renr•ies 10.000--20,000 10(1 r 15----95 10 15 20 :00 . -.1per 1.000 GPA 1'eleconunnnic:ation'Cowers 10,000 1(.)0 25 10 20 IZe1ev - to Soc ti m 3-2001 /a `I r? 0 (1) Any use approved for a Comprehensive Infill Redevelopment Project shall be permitted by the underlying Future Land Use Plan Map designation. Flexibility criteria: A. Comprehensive infill redevelopnzen.t. projects. L The development or redevelopment of the parcel proposed for development is other- wise impractical without deviations from the use, intensity and development stan- dards; B. Marinas and in arina facilities. 2. The development of the parcel proposed 1. The parcel proposed for development is for development as a comprehensive infill not located in areas identified in the Com- prehensive Plan as areas of envi.rontnen- redevelopment project will not materially reduce the fair market value of abutting tal significance including. properties; a. The north end of Clearwater Beach; 3. The uses within the comprehensive infill b. Clearwater Harbor grass beds; redevelopment project are otherwise per- c. Cooper's Point; mitted in the City-of Clearwater; d. Clearwater Harbor spoil islands; 4. The uses or mix of uses within the com- prehensive infill redevelopment project are compatible with adjacent land uses; 5. The development of the parcel proposed 2. for development as an comprehensive infill redevelopment project will upgrade the immediate vicinity of the parcel proposed for development; 6. The design of the proposed comprehen- sive infill redevelopment project creates a form and function which enhances the community character of the immediate vicinity of the parcel proposed for devel- opment and the City of Clearwater as a whole; 7. Flexibility in regard to lot width, required setbacks, height and off-street parking are justified by the benefits to com)unity character and the immediate vicinity of the parcel proposed for development and the City of (,'learwatis as r.( whole; No. 11 ZONING DISTRICTS CD2:107 e. Sand Key Park; f. The southern edge of Alligator Lake. No commercial activities other than the mooring of boats on a rental basis shall be permitted on any parcel of land which is contiguous to a parcel of land which is designated as residential in the Zoning Atlas, unless the niartim facility is totally screened from view from the contiguous land which is designated as residential and the hours of operation of the commer- cial activities are limited to the time pe- riod between sunrise and sunset; 3. Setbacks: a. The reduction i.n front setback con- tributes to a more active and dv- naniic street life; b. The rirductiou in front set.baclc re sults M. ;u) in)proved site ;flan or Illiprovod design t111d a11)1)e;)r•nuce; 0 0 2-1204 COMMUNITY M.-WELOPMEN`I' CODE C. Side and rear setback: The reduction design and appearance and results in in side and/or rear setback does not landscaping in excess of the inininrLlm prevent access to the rear of any required. building by emergency vehicles; The E. Telecommunication towers reduction in side and/or rear setback . results in an improved site plan, 1. No telecommunication tower is located on more efficient parking or improved Clearwater Beach. design and appearance. 2. If the telecommunication tower is located 4. The use of the parcel proposed for devel- within a scenic corridor designated by the opment will not involve direct access to an City of Clearwater or a scenic noncommer- arterial street. cial corridor designated. by the Pinellas Planning Council, the applicant must dem- 5. All marina facilities shall comply with the onstrate compliance with the design cri- commercial dock requirements set forth teria in those designations. in Section 3-601.C.3 and the marina and marina facilities requirements set forth in 3. The design and construction of the tele- Section 3-603. communication tower complies with the standards in Article 3, Division 20. C. Social and community centers. (Ord. No. 6417-99, § 6, 8-19-99; Ord. No. 6526-00, 1 The parcel proposed for development does § 1, 6-15-00; Ord. No. 6928-02, §§ 34, 35, 5-2-02; . Ord. No. 7106-03, § 5, 9-18-03) not abut any property designated as res- idential in the Zoning Atlas. 2. Front setback: The reduction in front set- back results in an improved site plan or improved design and appearance. 3. Side and rear setback: The reduction in side and/or rear setback is necessary to preserve protected trees and/or results in an improved site plan or more efficient design and appearance and results in landscaping in excess of the minimum required. D. Social/public service usettcies. 1. The parcel proposed for development does not abut any property designated as res- idential in the Zoning Atlas. 2. The social/public agency shall not be lo- cated within 1,500 feet of another social/ public service agency. 3. Front setback: The reduction in front set- back results in an improved site plan or improved design and appearance. 4. Side and rear setback: The reduction 1.11 side and/or rear setback is necessary to preserve protected trees and/or results 1.11 an improved site plan or more efficient No. 11. 9 0 Wells, Wayne From: Wells, Wayne Sent: Thursday, April 06, 2006 10:02 AM To: Steve Williamson (E-mail) Subject: FLD2005-09094, 1091 Eldorado Avenue Mr. Williamson - Attached is the Staff Report that we are sending to the CDB. The CDB meeting will be at 1:00 pm on Tuesday, April 18, 2006. Wayne C Eldorado 1091 Staff Report for... Wells, Wayne From: Wells, Wayne Sent: Monday, March 20, 2006 3:27 PM To: Dougall-Sides, Leslie; Akin, Pam; Lipowski, Laura Cc: Thompson, Neil Subject: RE: Harbor Watch Condo Docks Application Staff Report Leslie - The proposal in front of the CDB would allow via Condition #3 an administrative "variance" to that approved by the CDB wherein one part of the condition is that the docks would not extend more than the 25 percent of the waterway width. That 25 percent distance is 99.5 feet (from the seawall). This is discussed on Page 3 of the Staff Report. Don't know if this information helps. Wayne -----Original Message----- From: Dougall-Sides, Leslie Sent: Monday, March 20, 2006 2:53 PM To: Akin, Pam; Lipowski, Laura Cc: Thompson, Neil; Wells, Wayne Subject: RE: Harbor Watch Condo Docks Application Staff Report I had not written it up that way since there is no separate submerged land parcel and it is difficult to define which area is being addressed. If this is now the direction, I will develop a description such as "the area of submerged land waterward of the upland parcel, bounded by the east property line, the [mean high water line?], the west property line, and a line extending from a line projected waterward of the east property line to a line projected waterward of the west property line and located feet waterward of the mean high water line." [How far out from land does the area go?] Since Engineering and Planning input would be advisable and the conditions will need to be rewritten, I would recommend a continuance. If that is not possible I will draft new language to be read into the record tomorrow. -----Original Message----- From: Akin, Pam Sent: Monday, March 20, 2006 2:39 PM To: Lipowski, Laura; Dougall-Sides, Leslie Subject: FW: Harbor Watch Condo Docks Application Staff Report Works for me. Alternatively they can be apart of our fix in 2007 -----Original Message----- From: Lipowski, Laura Sent: Monday, March 20, 2006 2:25 PM To: Dougall-Sides, Leslie; Akin, Pam Subject: RE: Harbor Watch Condo Docks Application Staff Report I just spoke with Joe Gaynor. We are not meeting today. Instead, he has requested that we revise the conditions #3 below to allow for approval as long as the permit issuance will not result in the reverter of the subject submerged lands OTHER THAN THE PARCEL IMMEDIATELY ADJACENT TO HIS UPLAND - in other words, will not result in reverter of the entire parcel - just the piece where the footprint of his docks are. This way, he can try and negotiate with the State to have that piece released and he can secure a submerged lands lease where the State can make it's $$$. Then, condition # 4 would only be satisfied when the State takes title to that portion back - and he obtains their signature as owner. Does that make sense? If he needs to pull the item tomorrow and go to the next meeting - he will. Thanks. -----Original Message----- From: Dougall-Sides, Leslie Sent: Monday, March 20, 2006 9:09 AM To: Lipowski, Laura Subject: RE: Harbor Watch Condo Docks Application Staff Report Thanks for the update! -----Original Message----- From: Lipowski, Laura Sent: Thursday, March 16, 2006 3:26 PM To: Dougall-Sides, Leslie Subject: RE: Harbor Watch Condo Docks Application Staff Report FYI - I have spoken with Pam today re: this. She plans to speak personally with Pete Dunbar next week - but is OK with the CDB proceeding as scheduled on Tuesday - with the conditions. I will inform Mr. Gaynor that there is no additional information re: repair v. re-configuration with conditions. Thanks -----Original Message----- From: Dougall-Sides, Leslie Sent: Wednesday, March 15, 2006 12:08 PM To: Wells, Wayne Cc: Clayton, Gina; Lipowski, Laura; Akin, Pam Subject: RE: Harbor Watch Condo Docks Application Staff Report After further review, instead of the Dunbar materials mentioned below I am faxing you a copy of Laws of Florida, Ch. 11050, submerged land grant. The reverter language appears on Page 3. Please include in Agenda Packet. -----Original Message----- From: Dougall-Sides, Leslie Sent: Wednesday, March 15, 2006 11:22 AM To: Wells, Wayne Cc: Clayton, Gina; Lipowski, Laura; Akin, Pam Subject: Harbor Watch Condo Docks Application Staff Report Importance: High After reviewing the matter with Laura Lipowski, this office's input re submerged land legal issues to be addressed in the Staff Report is as follows: 1. City recommendation of approval with Conditions. 2. Include Standard Conditions. 3. Include Condition previously recommended, namely: That no building permit be issued by the City unless and until the City receives, to the satisfaction of the City Attorney's Office, sufficient assurances that permit issuance will not result in reverter of the subject or any other submerged land parcel(s) to the State of Florida or other entity. 4. Include additional Condition as follows: That no building permit be issued by the City unless and until signature of all legal and equitable owners of submerged land parcel(s) proposed for development is obtained by the applicant in accordance with Community Development Code Section 4-202A.2. Please contact me if you need any further information for the Staff Report. Laura, as we discussed please forward to Wayne any documentation you have received from Pete Dunbar concerning the current submerged lands status, preferably in letter form, for inclusion in the CDB Agenda Packet or if not timely for that, introduction as an Exhibit. • Wells, Wayne From: Wells, Wayne Sent: Thursday, March 16, 2006 4:54 PM To: 'dgildersleeve@wadetrim.com'; 'johnJhnsn@aol.com'; 'coatesthomas@earthlink. net'; 'southern @tampabay.rr.com'; 'ddennehy@robelinvestments.com'; 'danatallman@urscorp.com'; 'nfritsch@tampabay.rr.com' Cc: Delk, Michael; Clayton, Gina; Thompson, Neil; Watkins, Sherry Subject: Staff Report for FLD2005-09094, 1091 Eldorado Avenue CDB members - Attached is the Staff Report for the above referenced case for your March 21, 2006, agenda. Wayne F? _Idorado 1091 Staff Report #1 ... • 0 Wells, Wayne From: Wells, Wayne Sent: Thursday, March 16, 2006 5:01 PM To: 'mmassey@hwhlaw.com' Cc: Watkins, Sherry Subject: Staff Report for FLD2005-09094, 1091 Eldorado Avenue Mr. Massey - As I understand you will be attending the Community Development Board on Gina Grimes behalf on Tuesday, March 21, 2006, attached is the Staff Report for the above referenced case for the agenda. Wayne :Idorado 1091 Staff Report #1 ... FAX COVER MEMO CITY OF CLEARWATER PLANNING DEPARTMENT 100 S. MYRTLE AVE. CLEARWATER, FL 33756 (727) 562-4567 FAX: (727) 562-4865 TO: FAX: b( 3" 7,b b` (O S 8 7 Phone: 8 11 Z,2 )fa- f -71 ) FROM: 14'J" t1A-- W" 1 I - Phone: -5- (o 2- F-C-D2-0oS- oqo it /0 91 61a) o r^--1o Ave. r M? CoL,w.a ac (C M a n 4L ;ve m?, DATE:_ 3-1 MESSAGE: NUMBER OF PAGES(INCLUDING THIS PAGE) Mar. 16 2006 06:04PM YOUR LOGO YOUR FAX NO. 7275624865 NO. OTHER FACSIMILE START TIME USAGE TIME MODE PAGES RESULT 01 98132866587 Mar.16 06:03PM 01'12 SND 03 OK TO TURN OFF REPORT, PRESS 'MENU' #04. THEN SELECT OFF BY USING '+' OR '-'. FOR FAX ADVANTAGE ASSISTANCE, PLEASE CALL 1-800-HELP-FAX C435-7329). Wells, Wayne From: System Administrator To: danatallman@urscorp.com Sent: Thursday, March 16, 2006 4:55 PM Subject: Undeliverable: Staff Report for FLD2005-09094, 1091 Eldorado Avenue Your message did not reach some or all of the intended recipients. Subject: Staff Report for FLD2005-09094, 1091 Eldorado Avenue Sent: 3/16/2006 4:54 PM The following recipient(s) could not be reached: danatallman@urscorp.com on 3/16/2006 4:54 PM The e-mail account does not exist at the organization this message was sent to. Check the e-mail address, or contact the recipient directly to find out the correct address. <smtpl04.urscorp.com #5.1.1 X-Notes; User danatallman (danatallman@urscorp.com) no t listed in Domino Directory > Wells, Wayne From: Wells, Wayne Sent: Thursday, March 16, 2006 5:39 PM To: Steve Williamson (E-mail) Subject: Staff Report for FLD2005-09094, 1091 Eldorado Avenue Steve - Attached is the Staff Report that we are sending to the CDB. The CDB meeting will be at 1:00 pm on Tuesday, March 21, 2006. Wayne Idorado 1091 Staff Report #1 ... • CDB Meeting Date: March 21, 2006 Case Number: FLD2005-09094 Agenda Item: D 1 Owner/Applicant: Carlouel Yacht Club Representative: Mr. Robert M. Thompson Jr. Address: 1091 Eldorado Avenue CITY OF CLEARWATER PLANNING DEPARTMENT STAFF REPORT GENERAL INFORMATION: • REQUEST: Flexible Development approval for the expansion of an existing commercial dock by adding three floating docks (two 10'x 70' and one 10' x 76' floating dock additions) to the existing 10' x 250' floating dock for transient vessel mooring, with a reduction in side (north) setback from 226.13 feet to 76 feet, under the provisions of Section 3- 601. EXISTING ZONING/ Institutional (I) District; INS, Institutional Category LAND USE: PROPERTY SIZE: 2.813 acres; 122,534 square feet (east of Eldorado Avenue only) PROPERTY USE: Current Use: Carlouel Yacht Club, with an existing dock of 12 boat slips, and a 10-foot long by 250-foot wide floating dock on the north side of the property located four feet from the seawall Proposed Use: Carlouel Yacht Club, with three floating dock additions (two 10' x 70' and one 10' x 76' floating dock additions) to the existing 10' x 250' floating dock for transient vessel mooring ADJACENT ZONING/ North: Low Density Residential District; Detached LAND USES: dwellings East: Preservation District; Water South: Low Medium Density Residential District; Detached dwellings West: Low Medium Density Residential District; Detached dwellings • 0 CHARACTER OF THE IMMEDIATE VICINITY: Detached dwellings dominate the immediate vicinity. UPDATE: The original application was for the expansion of an existing commercial dock (10'x 107' floating dock addition to an existing 10' x 250' floating dock for transient vessel mooring), with a reduction in side (north) setback from 226.13 feet to 3.3 feet. At their meeting on December 20, 2005, the Community Development Board (CDB) continued this application, at the applicant's request, to the January 17, 2006, agenda in order to address neighbor concerns. The applicant modified their application to only relocate the existing 10' x 250' floating dock out 81 feet from the seawall and removed the dock extension that projected farther out from this relocated floating dock. The CDB at their January 17, 2006, meeting again continued the proposal to the March 21, 2006, meeting to further address neighbor concerns. Prior to issuing the Staff Report for the March 21, 2006, CDB meeting, legal council for adjacent property owners questioned the ability to approve the expansion of an accessory use when the principal use is a nonconforming use. It has been determined that the request must be readvertised to include the approval of the principal use (social and community center), along with a deviation to allow the use to abut residential zoning districts. This application should be continued to a date uncertain in order to properly advertise the entire request. Prepared by: Planning Department Staff: Ah'i"..'o e. A /,& ayne . Wells, AICP, Planner III S:IPlanning DepartmentlCD BIFLEX (FLD)IPending caseslUp for the next CDBIEIdorado 1091 Carlouel Yacht Club 2005 Dock Addition (1) - 3.21.06 CDB - WMEldorado 1091 Staff Report #1 for 3.21.06 CDB.doc • Resume Wayne M. Wells, AICP 100 South Myrtle Avenue Clearwater, FL 33756 727-562-4504 wayne.wells(amyclearwater.com PROFESSIONAL EXPERIENCE • Planner III Planning Department, City of Clearwater, FL • November 2001 to Present As part of the Development Review Division, prepared and presented staff reports for Flexible Standard Development (staff-level cases), Flexible Development (public hearing cases) and Plats before the Development Review Committee and the Community Development Board and Development Agreements before the City Council; reviewed building permits for Code conformance; prepared and/or assisted preparation of Code amendments; provided public information (via telephone, mail, email, zoning counter or predevelopment meetings). • Zoning Coordinator Zoning Division, City of Pinellas Park, FL March 1989 to November 2001 Acting Zoning Director, Represented the Zoning Division on cases and issues before the City Council, Community Redevelopment Agency, Planning and Zoning Commission, Board of Adjustment and outside agencies; Prepared and presented staff reports for land use plan amendments, rezoned, planned unit developments, conditional uses, variances and site plans; reviewed final site plans and building permits for Code conformance; prepared and/or assisted preparation of Code amendments; provided public information (via telephone, mail, zoning counter or predevelopment meetings). • Program Manager, Zoning Branch Manatee County Department of Planning and Development June 1984 to March 1989 Bradenton, FL Trained and supervised three employees; Prepared and presented variances and appeals to the Board of Zoning Appeals; Coordinated final site plan and building permit review for Code conformance; Assisted in preparation of Code amendments; Provided public information (via telephone, mail, zoning counter or predevelopment meetings). Interim Code Enforcement Manager- Managed the Code Enforcement Section; supervised six employees; prosecuted cases before the Code Enforcement Board; investigated and prepared cases of alleged violations of land use and building codes. Planner II, Current Planning Section - Prepared and presented staff reports for rezones, planned developments, special permits, plats and mobile home parks to Planning Commission and Board of County Commissioners; reviewed final site plans and building permits for Code enforcement; assisted in preparation of Code amendments; provided public information (via telephone, mail, zoning counter or predevelopment meetings). • • • Planner I Alachua County Department of Planning and Development June 1980 to June 1984 Gainesville, FL Prepared and presented staff reports for rezones and special permits to Planning Commission and Board of County Commissioners; reviewed site plans and plats for Code conformance; assisted in preparation of Code amendments; provided public information (via telephone, mail, zoning counter or predevelopment meetings). Intern - Compiled and coordinated the Alachua County Information and Data Book; drafted ordinance revisions; general research. • Graduate Assistant University of Florida Department of Urban and Regional Planning 1979 to 1981 Gainesville, FL Coordinated downtown study for Mayo, FL; coordinated graphics for Jefferson County Comprehensive Plan. • Planning Technician Planning Division, City of St. Petersburg, FL 1977 to 1979 Prepared primarily graphics, for both publication and presentation; Division photographer for 1'/z years; worked on historic survey and report. EDUCATION Master of Arts in Urban and Regional Planning (Degree not conferred; course work completed, thesis not completed), University of Florida, 1981 Bachelor of Design in Architecture, University of Florida, 1976 LICENSES & CERTIFICATES American Institute of Certified Planners American Planning Association, Suncoast Section • • Wells, Wayne From: Wells, Wayne Sent: Friday, March 17, 2006 1:57 PM To: Delk, Michael Subject: RE: Staff Report for FLD2005-09094, 1091 Eldorado Avenue The proposed conditions include those recommended by Leslie. She also wanted the CDB to have the 1925 Deed from the State as part of the Staff Report. -----Original Message----- From: Delk, Michael Sent: Friday, March 17, 2006 1:48 PM To: Wells, Wayne Subject: RE: Staff Report for FLD2005-09094, 1091 Eldorado Avenue Wayne - I assume Leslie was very clear on what had to be done? michael -----Original Message----- From: Wells, Wayne Sent: Thursday, March 16, 2006 4:54 PM To: 'dgildersleeve@wadetrim.com'; 'johnjjhnsn@aol.com'; 'coatesthomas@earthlink.net'; 'southern @tampa bay. rr.com'; 'ddennehy@robelinvestments.com'; 'danatallman@urscorp.com'; 'nfritsch@tampabay.rr.com' Cc: Delk, Michael; Clayton, Gina; Thompson, Neil; Watkins, Sherry Subject: Staff Report for FLD2005-09094, 1091 Eldorado Avenue CDB members - Attached is the Staff Report for the above referenced case for your March 21, 2006, agenda. Wayne << File: Eldorado 1091 Staff Report #1 for 3.21.06 CDB.doc >> 9 0 Wells, Wayne From: Wells, Wayne Sent: Wednesday, March 08, 2006 2:26 PM To: Morris, William D. Subject: RE: FLD2005-09094, 1091 Eldorado Avenue, Carlouel Yacht Club Thanks -----Original Message----- From: Morris, William D. Sent: Wednesday, March 08, 2006 2:25 PM To: Wells, Wayne Subject: RE: FLD2005-09094, 1091 Eldorado Avenue, Carlouel Yacht Club the minutes will be "unapproved" until the next meeting but Catherine took great care to get that portion Verbatim and read it back as well as having it on tape (audio) from the meeting. I'll send you the unapproved then get you a copy of the approved minutes. -----Original Message----- From: Wells, Wayne Sent: Wednesday, March 08, 2006 2:18 PM To: Morris, William D. Subject: RE: FLD2005-09094, 1091 Eldorado Avenue, Carlouel Yacht Club It would be great to forward over the minutes when available to place in the file for this case. Thanks. -----Original Message----- From: Morris, William D. Sent: Wednesday, March 08, 2006 2:01 PM To: Wells, Wayne Subject: RE: FLD2005-09094, 1091 Eldorado Avenue, Carlouel Yacht Club Wayne; The Marine Advisory Board looked it over and said essentially what I have already said, provided the docks do not intrude on the navigable channel, they support having as much boat access space as possible. In discussion they expected that the normal city setback rules would apply I have a copy of the old design around here and can probably overlay this on it. I does not materially change my position, the Marine Advisory Board saw this as something that would have to go through the DRC and CDB process and at least one of those steps the Yacht Club would have its "day in court" to present its case and or work out any issues with neighbors if possible. Catherine Yellin my staff Assistant took the minutes and will have them available shortly (day or two) do you want the minutes of the meeting for file as a motion was made and passed by the MAB to support the yacht club expanded dock with the above stated condition of not intruding on a navigable channel. Bill M -----Original Message----- From: Wells, Wayne Sent: Tuesday, March 07, 2006 8:57 AM To: Morris, William D. Subject: FLD2005-09094, 1091 Eldorado Avenue, Carlouel Yacht Club Bill - I have faxed over to you the most recent additions to the existing floating dock, as well as a letter of objection dated February 11, 2006. 1 am also attaching my current draft of my Staff Report for this case. Could you look at the current proposed dock additions, as well as applicable statements in my Staff Report attributable to you, and let me know if there are any changes to your prior position that should be reflected in the Staff Report? If possible, could you let me know this morning, as we are working on getting the CDB agenda package out. Thanks. Wayne << File: Eldorado 1091 Staff Report for 3.21.06 CDB.doc >> 0 0 Wells, Wayne From: Morris, William D. Sent: Wednesday, March 08, 2006 7:26 AM To: Wells, Wayne Subject: RE: FLD2005-09094, 1091 Eldorado Avenue, Carlouel Yacht Club Made copies for the Marine Advisory Board that meets at 8... will comment after, this is getting tied to the Mandalay channel wake zone issue -----Original Message----- From: Wells, Wayne Sent: Tuesday, March 07, 2006 8:57 AM To: Morris, William D. Subject: FLD2005-09094, 1091 Eldorado Avenue, Carlouel Yacht Club Bill - I have faxed over to you the most recent additions to the existing floating dock, as well as a letter of objection dated February 11, 2006. 1 am also attaching my current draft of my Staff Report for this case. Could you look at the current proposed dock additions, as well as applicable statements in my Staff Report attributable to you, and let me know if there are any changes to your prior position that should be reflected in the Staff Report? If possible, could you let me know this morning, as we are working on getting the CDB agenda package out. Thanks. Wayne << File: Eldorado 1091 Staff Report for 3.21.06 CDB.doc >> 0 0 Page 1 of 3 Wells, Wayne From: Dougall-Sides, Leslie Sent: Tuesday, March 07, 2006 11:07 AM To: Wells, Wayne Cc: Clayton, Gina Subject: RE: Harbor Watch Condominiums Dock Reconfiguration - FLD 2005-09093 Importance: High Wayne, I suggest the following condition of approval be added: That no building permit be issued by the City unless and until the City receives, to the satisfaction of the City Attorney's Office, sufficient assurances that permit issuance will not result in reverter of the subject or any other submerged land parcel(s) to the State of Florida or other entity. I have not received any further information recently regarding the State's position on this issue; if I do, I will forward it to you. Also, given the above wording the City Attorney's Office will need to be consulted if the applicant provides any such information to Planning. -----Original Message----- From: Wells, Wayne Sent: Tuesday, February 07, 2006 1:36 PM To: Dougall-Sides, Leslie Cc: Lipowski, Laura Subject: Harbor Watch Condominiums Dock Reconfiguration - FLD 2005-09093 Leslie - This project went to the November 3, 2005, DRC meeting. Perhaps you still have that packet of information available to you for your information. I am attaching the Final DRC comments for this case. Should this case go forward and they resubmit soon, it most likely at this time be placed on the March 21, 2006, CDB agenda. You may email me any conditions of approval that you feel necessary and I will include in the Staff Report. Wayne -----Original Message----- From: Lipowski, Laura Sent: Tuesday, February 07, 2006 11:50 AM To: Wells, Wayne Cc: Dougall-Sides, Leslie Subject: RE: Harbor Watch Condominiums Dock Reconfiguration FLD 2005-09093 - I think this answers the question Bill Woods is asking below as to whether the applicant can move forward with the application for conditional approval. Please let me know what the scheduling is on the reactivation and timing of whatever processes need to occur during the application process so that I may provide input on language re the conditions. I expect to have more information early next week on the real estate issue. -----Original Message----- From: Dougall-Sides, Leslie Sent: Tuesday, February 07, 2006 11:43 AM To: Lipowski, Laura Cc: Wells, Wayne Subject: RE: Harbor Watch Condominiums Dock Reconfiguration FLD 2005-09093 - 3/7/2006 0 Page 2 of 3 If the applicant wants to go forward and submits a complete app, I believe that the City should process it. I would like to work with assigned staff to develop language conditioning approval on the various state, county, and agency actions which will be required for the project to go forward without risk to the City of triggering the reverter clause. -----Original Message----- From: Lipowski, Laura Sent: Monday, February 06, 2006 9:09 AM To: Dougall-Sides, Leslie Subject: FW: Harbor Watch Condominiums Dock Reconfiguration FLD 2005-09093 - Leslie, I believe this requires your input. I am not sure exactly how the process works and do not feel comfortable advising the applicant. Perhaps we can meet in the next few days (after you settle down from returning from vacation) and discuss. Wayne found the ramp file and I have had preliminary discussions with Pete Dunbar. Let me know how your schedule is ... thanks Laura -----Original Message----- From: Wells, Wayne Sent: Monday, February 06, 2006 6:54 AM To: Lipowski, Laura Subject: FW: Harbor Watch Condominiums Dock Reconfiguration FLD 2005-09093 - Laura - Do you have any concerns with going forward with the dock reconfiguration FLD application to the CDB? Wayne -----Original Message----- From: Bill Woods [maiIto: billwoods@woodsconsulting.org] Sent: Friday, February 03, 2006 4:48 PM To: Wells, Wayne Cc: Joseph W Gaynor; Hagen, Christine; West, Bill Subject: HArbor Watch Condominiums Dock Reconfiguration FLD 2005-09093 - Wayne: We would like to take the Harbor Watch dock reconfiguration permit application off of hold and proceed to go before the CDB. I need to discuss with you next week thoughts as regards the CDB hearing. As an example, we want to go forward with our design as is but gain approval from the CDB that if the City does not purchase the bottomlands, and as a result, due to preemption ratio limitations, we are forced to reduce the number of slips, that the CDB will concur that we do not have to appear before them again. Will discuss further when you call. My regards, Bill Woods Woods Consulting 1714 County Road 1, Suite 22 3/7/2006 0 0 Page 3 of 3 Dunedin, FL 34698 Phone: (727)786-5747. Fax: (727) 786-7479 billwoods woodsconsulting_Qg 3/7/2006 • • Wells, Wayne From: Wells, Wayne Sent: Tuesday, March 07, 2006 8:57 AM To: Morris, William D. Subject: FLD2005-09094, 1091 Eldorado Avenue, Carlouel Yacht Club Bill - I have faxed over to you the most recent additions to the existing floating dock, as well as a letter of objection dated February 11, 2006. 1 am also attaching my current draft of my Staff Report for this case. Could you look at the current proposed dock additions, as well as applicable statements in my Staff Report attributable to you, and let me know if there are any changes to your prior position that should be reflected in the Staff Report? If possible, could you let me know this morning, as we are working on getting the CDB agenda package out. Thanks. Wayne OFM? Eldorado 1091 Staff Report for... FAX COVER MEMO CITY OF CLEARWATER PLANNING DEPARTMENT 100 S. MYRTLE AVE. CLEARWATER, FL 33756 (727) 562-4567 FAX: (727) 562-4865 TO: a FAX: 1"Ib z-- & ?T7 Phone: +(J 2 - (p Is -+ FROM: t? Q 1 S Phone: S (p 2 - ??D + DATE:.--5 I -7 I RE: al- I o ? 2 I c -ft MESSAGE: XbAA J V?7t.k NUMBER OF PAGES (INCLUDING THIS PAGE) rw " IFWWHMNffg?? 0 0 Mar. 07 2006 08:52AM YOUR LOGO YOUR FAX NO. 7275624865 NO. OTHER FACSIMILE START TIME USAGE TIME MODE PAGES RESULT 01 94626957 Mar.07 08:51AM 01'27 SND 04 OK TO TURN OFF REPORT, PRESS 'MENU' #04. THEN SELECT OFF BY USING '+' OR FOR FAX ADVANTAGE ASSISTANCE, PLEASE CALL 1-800-HELP-FAX 0435-7329). CDB Meeting Date: Case Number: Agenda Item: Owner/Applicant: Representative: Address: • January 17, 2006 FLD2005-09094 D3 Carlouel Yacht Club Mr. Robert M. Thompson Jr. 1091 Eldorado Avenue ORIGINAL CITY OF CLEARWATER PLANNING DEPARTMENT STAFF REPORT GENERAL INFORMATION: REQUEST: Flexible Development approval for the expansion of an existing commercial dock (10'x 44)7155.85' floating dock addition to an ex- isting 10' x 250' floating dock for transient vessel mooring), with a reduction in side (north) setback from 226.13 feet to 3.3 feet, under the provisions of Section 3-601. (Note: 10' x 107' floating dock ad- dition was previously advertised). EXISTING ZONING/ Institutional (I) District; INS, Institutional Category LAND USE: PROPERTY SIZE: 2.813 acres; 122,534 square feet (east of Eldorado Avenue only) PROPERTY USE: Current Use: Carlouel Yacht Club, with an existing dock of 12 boat slips, and a 10-foot long by 250-foot wide floating dock on the north side of the property located four feet from the seawall Proposed Use: Carlouel Yacht Club, with a 10' x 107155.85' floating dock addition to an existing 10' x 250' floating dock for transient vessel mooring (Note: 10' x 107' floating dock addition was previously advertised) ADJACENT ZONING/ North: Low Density Residential District; Detached dwellings LAND USES: East: Preservation District; Water South: Low Medium Density Residential District; Detached dwellings West: Low Medium Density Residential District; Detached dwellings CHARACTER OF THE IMMEDIATE VICINITY: Detached dwellings dominate the immediate vicinity. Staff Report - Community Development Board - January 17, 2006 Case FLD2005-09094 - Page 1 of 8 0 0 UPDATE: At their meeting on December 20, 2005, the Community Development Board (CDB) continued this application, at the applicant's request, to the January 17, 2006, agenda in order to address neighbor concerns. The applicant has revised their initial, advertised request based on neighbor concerns. In the General Information Section above, deleted language is shown with a stfikethfe gk and new language is underlined. The balance or majority of the Staff Report the CDB has not seen previously. ANALYSIS: Site Location and Existing Conditions: The 2.813-acre site is located on the east side of Eldorado Avenue, approximately 300 feet north of Bay Esplanade. The site is currently developed with the Carlouel Yacht Club. Detached dwellings characterize the surrounding area. The site currently contains a dock of 12 slips, approximately in the center of the waterfront property, and a 10-foot long by 250-foot wide floating dock on the north side of the property located four feet from the seawall. The Community Development Board (CDB) approved the existing floating dock on January 21, 2003 (Case No. FLD2002-10033). Proposal: The applicant seeks to relocate the existing floating dock approximately 71 feet out from the seawall and provide access to it by another floating dock (floating dock will be a total of 81 feet from the seawall to the outer edge of the dock). (Note: The request previously was designed with an additional floating dock extending eastward from the floating dock parallel to the seawall. Due to concerns of neighbors, the applicant revised their request to eliminate this extension. This was the reason for the continuance request at the December 20, 2005, CDB meeting.) This floating dock will only be used for transient mooring, not for permanent mooring of vessels, by members and guests of the Carlouel Yacht Club while visiting the Club. Since constructing the floating dock in 2003, the Club has discovered they are violating the requirement of the Florida Council of Yacht Clubs to provide a minimum of four tie-up spaces for visiting boats of 40 feet. The original purpose of the floating dock was to provide tie-up facilities for small boats belonging to members, allowing members to access the Club by water and thereby reducing vehicular traffic on the roadways and parking demands. These larger boats historically tied up along the seawall and now tie up to the floating dock, not allowing the small boats to also moor at the floating dock. The proposed configuration of the floating dock will allow increased usage of the floating dock by both large and small boats, rather than having to anchor their vessels and use a small boat to ferry persons over to the existing dock to access the site, and allow the Club to be in compliance with the requirements of the Florida Council of Yacht Clubs. There will be no adverse impact upon the recreational or commercial use of the waterway and the dock does not impose any navigational hazards. There is a deep-water channel running between the applicant's seawall and a wide sea grass bed and mangrove island estuarine type environment over 350 feet to the east. The proposed dock is located a safe distance from this natural marine habitat, grass flats or marine life and, therefore, does not pose any adverse impacts. Studies provided by the applicant do not indicate any evidence of hard-bottom communities (e.g., oysters, soft corals, bryozoans, and tunicates), or any evidence of marine sea grass, within the area of the proposed floating dock. The City's Harbor Master (William Morris) does not oppose this request, but reserves the right, should Dunedin Pass ever be re-opened either by act of nature or legislation, to require a re-evaluation of the dock location at such time. Such re-evaluation would include, but Staff Report - Community Development Board - January 17, 2006 Case FLD2005-09094 - Page 2 of 8 0 0 not be limited to, waterway depths and dynamics such that if the dock or vessels moored on the outboard (east) side encroaches into a proposed channel, such dock be moved back (west) so as not have moored vessels encroach on the Mandalay Channel. Since the Club is adjacent to detached dwellings, the commercial dock is required to locate within the center one-third of the property. The applicant is requesting a setback reduction on the north side from 226.13 feet to 3.3 feet for the relocated floating dock. The detached dwelling lot directly to the north does not have the physical dwelling on it, rather it is on the west side of Eldorado Avenue and their dock is on the east side of Eldorado Avenue. A letter of "no objection" to the relocated floating dock from the property owner to the north has been submitted. The dock for the detached dwelling lot to the south is at an approximate zero setback to the common property line. The proposed dock (including the existing fixed slips) is proportional to its upland waterfront lot width, in harmony with the scale and character of the surrounding single-family docks. The proposed dock is in harmony with the scale and character of the Yacht Club, which has a 678.4- foot waterfront lot width, which is much greater than surrounding detached dwelling lot widths. The Club is located within a large detached dwelling area. The Club is a unique circumstance not generally found within the community. Most docks, obviously, in the vicinity are in a length, width and set back in relation to the detached dwelling character of those lots. The proposed dock is proportionally compatible with the other docks within the neighborhood. Prior to the signoff by the Planning Department for the County building permit for the new and relocated floating dock, a building permit to install fire risers on the floating dock acceptable to the Fire Department must be submitted. Prior to completion of the docks, the fire riser permit must be finalized. Dock supported signage will need to be permanently installed warning boaters of the existence of protected sea grasses and manatees in the vicinity. Lighting should be installed at the ends of the floating dock to make the dock more visible to recreational boaters at night. Code Enforcement Analysis: There are no outstanding enforcement issues associated with this site. Staff Report - Community Development Board - January 17, 2006 Case FLD2005-09094 - Page 3 of 8 0 0 COMPLIANCE WITH STANDARDS AND CRITERIA: Section 3-601.C.3): STANDARD PERMITTED PROPOSED CONSISTENT INCONSISTENT REQUIRED SETBACKS One third of North: 3.3 feet X* (minimum) the waterfront (relocated floating property width dock) (678.4 feet South: 203 feet width; 226.13 (existing dock) feet setback required) LENGTH (maximum) 75 percent of 81 feet (new X the width of floating dock) the property (508.8 feet) WIDTH (maximum) 75 percent of 432 feet X the width of the property (508.8 feet) * Reduction requested on north side. Staff Report - Community Development Board - January 17, 2006 Case FLD2005-09094 - Page 4 of 8 0 9 COMPLIANCE WITH FLEXIBILITY CRITERIA (Section 3-601.C.31: Consistent Inconsistent 1. The proposed dock shall be subordinate to and contribute to the X comfort, convenience or necessities of the users or the occupants of the principal use of the property. 2. The proposed dock shall be in harmony with the scale and character of X adjacent properties and the neighborhood in general. 3. The proposed dock shall be compatible with dock patterns in the X* general vicinity. 4. Impacts on Existing Water Recreation Activities. The use of the X proposed dock shall not adversely impact the health, safety or well being of persons currently using the adjacent waterways for recreational and/or commercial uses. Furthermore, it shall not hinder or discourage the existing uses of the adjacent waterway by uses including but not limited to non-motorized boats and motorized boats. 5. Impacts on Navigation. The existence and use of the proposed dock shall X not have a detrimental effect on the use of adjacent waters for navigation, transportation, recreational or other public conveniences. 6. Docks shall be sited to ensure that boat access routes avoid injury to X marine grassbeds or other aquatic resources in the surrounding areas. 7. Docks shall not have an adverse impact upon natural marine habitats, X grass flats suitable as nursery feeding grounds for marine life, or established marine soil suitable for producing plant growth of a type useful as nursery or feeding grounds for marine life; manatee sanctuaries; natural reefs and any such artificial reef which has developed an associated flora and fauna which have been determined to be approaching a typical natural assemblage structure in both density and diversity; oyster beds; clam beds; known sea turtle nesting site; commercial or sport fisheries or shell fisheries areas; and habitats desirable as juvenile fish habitat. 8. All turning basin, access channels, boat mooring areas and any other X area associated with a dock shall have adequate circulation and existing water depths to ensure that a minimum of a one foot clearance is provided between the lowest member of a vessel (e.g. skegs, rudder, prop) and the bottom of the water body at mean or ordinary low water (-0.95 NGVD datum). 9. The dock shall not effectively cause erosion, extraordinary storm X drainage, shoaling of channels, or adversely affect the water quality presently existing in the area or limit progress that is being made toward improvement of water quality in the area in which the dock is proposed to be located. 10. The dock shall not have a material adverse impact upon the X conservation of wildlife, marine life, and other natural resources, including beaches and shores, so as to be contrary to the public interest. Staff Report - Community Development Board - January 17, 2006 . Case FLD2005-09094 - Page 5 of 8 Consistent Inconsistent 11. The dock shall not have an adverse impact on vegetated areas; X vegetative, terrestrial, or aquatic habitats critical to the support of listed species providing one or more of the requirements to sustain their existence, such as range, nesting or feeding grounds; habitats which display biological or physical attributes which would serve to make them rare within the confines of the City; designated preservation areas such as those identified in the comprehensive land use plan, national wildlife refuges, Florida outstanding waters or other designated preservation areas, and bird sanctuaries. 12. Impacts on Wetlands Habitat/Uplands. The dock shall not have a X material adverse affect upon the uplands surrounding. *See discussion under Analysis. COMPLIANCE WITH GF.NF.RAl. CTANDARIIC Npetinn 1-011). 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW: FINDINGS OF FACT 1. The subject 2.813 acres is zoned Institutional (1) District; 2. The current use of the upland is a "social and community center" (Carlouel Yacht Club); 3. The site currently contains a dock of 12 slips, approximately in the center of the waterfront property, and a 10-foot long by 250-foot wide floating dock on the north side of the property located four feet from the seawall. The Community Development Board (CDB) approved the existing floating dock on January 21, 2003 (Case No. FLD2002-10033); 4. The proposal is to relocate the existing floating dock approximately 81 feet out from the seawall and provide access to it by another floating dock; 5. The proposed dock complies with maximum dock width and maximum dock length requirements of the Code; Staff Report - Community Development Board - January 17, 2006 Case FLD2005-09094 - Page 6 of 8 6. The proposal includes a reduction to the minimum side (north) setback from 226.13 feet to 3.3 feet; 7. The existing floating dock was originally approved at a side (north) setback of six feet; 8. The abutting property owner to the north has submitted a letter indicating he does not oppose this request; 9. There will be no adverse impact upon the recreational or commercial use of the waterway and the dock does not impose any navigational hazards; 10. Fire protection is required for these docks, which must be permitted prior to or in conjunction with the dock construction; 11. The Club is located within a large detached dwelling area. The proposed dock (including the existing fixed slips) is proportional to its upland waterfront lot width, in harmony with the scale and character of the surrounding single-family docks. The proposed dock is proportionally compatible with the other docks within the neighborhood; 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 of Section 3-601; 2. Staff further concludes that the proposal is in compliance with the General Applicability criteria per Section 3-913; and 3. Based on the above findings and the 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 Flexible Development application for the expansion of an existing commercial dock (10' x 4-07' 55.85' floating dock addition to an existing 10'x 250' floating dock for transient vessel mooring), with a reduction in side (north) setback from 226.13 feet to 3.3 feet, under the provisions of Section 3- 601 (Note: 10' x 107' floating dock addition was previously advertised), for the site at 1091 Eldorado Avenue, with the following bases and conditions: Bases for Approval: 1. The proposal complies with the Flexible Development criteria under the provisions of Section 3-601. 2. The proposal is in compliance with other standards in the Code including the general applicability criteria per Section 3-913. 3. The dock development is compatible with the surrounding area. Conditions of Approval: 1. That the floating dock be for the exclusive use by members and guests of the Carlouel Yacht Club, that boats moored be transient and that there be no commercial activities at the docks (bait sales, vending, etc.); Staff Report - Community Development Board - January 17, 2006 Case FLD2005-09094 - Page 7 of 8 2. That the City reserves the right, should Dunedin Pass ever be re-opened either by act of nature or legislation, to require a re-evaluation of the dock location at such time. Such re-evaluation would include, but not be limited to, waterway depths and dynamics such that if the dock or vessels moored on the outboard (east) side encroaches into a proposed channel, such dock be moved back (west) so as not have moored vessels encroach on said channel; 3. That dock-supported signage be permanently installed containing wording warning boaters of the existence of protected sea grasses and manatees in the vicinity; 4. That lighting be installed at the ends of the floating dock to make the dock more visible to recreational boaters at night; 5. That a building permit to install fire risers on the floating dock acceptable to the Fire Department be submitted prior to Planning Department sign-off on the County dock permit application. Prior to completion of the docks, the fire riser permit shall be finalized; and 6. That a copy of the SWFWMD and/or FDEP Permit, Corps of Engineer's Permit and proof of permission to use State submerged land, if applicable, be submitted to the Planning Department prior to commencement of construction. Prepared by: Planning Department Staff: lv?erL H , ?)_& Wayn . Wells, AICP, Planner III ATTACHMENTS: Location Map Aerial Map Zoning Map Existing Surrounding Uses Map Application S: (Planning DepartmentlC D BIFLEX (FLD)IPending casesl Up for the next CDBIEldorado 1091 Carlouel Yacht Club Dock Addition (1) - 1. 17.06 CDB - WWIEldorado 1091 Staff Report for 1. 17.06 CDB.doc Staff Report - Community Development Board - January 17, 2006 Case FLD2005-09094 - Page 8 of 8 0 9 Resume Wayne M. Wells, AICP 100 South Myrtle Avenue Clearwater, FL 33756 727-562-4504 wayne.wells(a),myclearwater.com PROFESSIONAL EXPERIENCE • Planner III Planning Department, City of Clearwater, FL November 2001 to Present As part of the Development Review Division, prepared and presented staff reports for Flexible Standard Development (staff-level cases), Flexible Development (public hearing cases) and Plats before the Development Review Committee and the Community Development Board and Development Agreements before the City Council; reviewed building permits for Code conformance; prepared and/or assisted preparation of Code amendments; provided public information (via telephone, mail, email, zoning counter or predevelopment meetings). • Zoning Coordinator Zoning Division, City of Pinellas Park, FL March 1989 to November 2001 Acting Zoning Director, Represented the Zoning Division on cases and issues before the City Council, Community Redevelopment Agency, Planning and Zoning Commission, Board of Adjustment and outside agencies; Prepared and presented staff reports for land use plan amendments, rezoned, planned unit developments, conditional uses, variances and site plans; reviewed final site plans and building permits for Code conformance; prepared and/or assisted preparation of Code amendments; provided public information (via telephone, mail, zoning counter or predevelopment meetings). • Program Manager, Zoning Branch Manatee County Department of Planning and Development June 1984 to March 1989 Bradenton, FL Trained and supervised three employees; Prepared and presented variances and appeals to the Board of Zoning Appeals; Coordinated final site plan and building permit review for Code conformance; Assisted in preparation of Code amendments; Provided public information (via telephone, mail, zoning counter or predevelopment meetings). Interim Code Enforcement Manager- Managed the Code Enforcement Section; supervised six employees; prosecuted cases before the Code Enforcement Board; investigated and prepared cases of alleged violations of land use and building codes. Planner II, Current Planning Section - Prepared and presented staff reports for rezones, planned developments, special permits, plats and mobile home parks to Planning Commission and Board of County Commissioners; reviewed final site plans and building permits for Code enforcement; assisted in preparation of Code amendments; provided public information (via telephone, mail, zoning counter or predevelopment meetings). • • • Planner I Alachua County Department of Planning and Development June 1980 to June 1984 Gainesville, FL Prepared and presented staff reports for rezones and special permits to Planning Commission and Board of County Commissioners; reviewed site plans and plats for Code conformance; assisted in preparation of Code amendments; provided public information (via telephone, mail, zoning counter or predevelopment meetings). Intern - Compiled and coordinated the Alachua County Information and Data Book; drafted ordinance revisions; general research. • Graduate Assistant University of Florida Department of Urban and Regional Planning 1979 to 1981 Gainesville, FL Coordinated downtown study for Mayo, FL; coordinated graphics for Jefferson County Comprehensive Plan. • Planning Technician Planning Division, City of St. Petersburg, FL 1977 to 1979 Prepared primarily graphics, for both publication and presentation; Division photographer for 1'/z years; worked on historic survey and report. EDUCATION Master of Arts in Urban and Regional Planning (Degree not conferred; course work completed, thesis not completed), University of Florida, 1981 Bachelor of Design in Architecture, University of Florida, 1976 LICENSES & CERTIFICATES American Institute of Certified Planners American Planning Association, Suncoast Section Page 1 of 1 Wells, Wayne From: Wells, Wayne Sent: Monday, January 16, 2006 3:51 PM To: 'Nick Fri' Subject: RE: Carlouel Yacht Club Nick - The Benthic Survey was performed by Woods Consulting, which included sea grasses and marine life. Wayne -----Original Message----- From: Nick Fri [mailto:natbeach@tampabay.rr.com] Sent: Sunday, January 15, 2006 4:36 PM To: Wells, Wayne Subject: Carlouel Yacht Club Was there a 3rd party who performed the sub-marine review for seagrass, etc? Nick 1/16/2006 f • • Wells, Wayne From: Morris, William D. Sent: Wednesday, January 11, 2006 2:27 PM To: Wells, Wayne Cc: Buysse, Beverly A. Subject: FW: FLD2005-090094, 1091 Eldorado Avenue, Carlouel Yacht Club Importance: High FYI... I just got a phone call and have Ed Hart who is a concerned neighbor to this project. He is maintaining that the "few" that put this through never went to the membership or the neighbors and they do not even own the parking in front of Carlouel Yacht Club, it is actually public parking so they do not have enough parking to support the yacht club itself but the expanded docks in no way could be supported if there was a parking requirement... he is on his way to my office to review my files... Just giving you a heads up... I am escaping to Key West tomorrow morning... I may come back Sunday... Bill M -----Original Message----- From: Wells, Wayne Sent: Monday, December 12, 2005 2:26 PM To: Morris, William D. Subject: RE: FLD2005-090094, 1091 Eldorado Avenue, Carlouel Yacht Club Thanks -----Original Message----- From: Morris, William D. Sent: Monday, December 12, 2005 2:14 PM To: Wells, Wayne Cc: Yellin, Catherine Subject: RE: FLD2005-090094, 1091 Eldorado Avenue, Carlouel Yacht Club Wayne, looks good to me we refer to the fire risers as Stand Pipes out here but what ever keeps the firemarshall happy is what we do. Bill M -----Original Message----- From: Wells, Wayne Sent: Monday, December 12, 2005 8:47 AM To: Morris, William D. Cc: Yellin, Catherine Subject: FLD2005-090094, 1091 Eldorado Avenue, Carlouel Yacht Club Bill - I have proposed the following conditions to be included in the Staff Report for the above referenced case. These are all the conditions, but I want you to look at specifically #2 and #4 and comment/approve. I am trying to finalize this Staff Report this morning. If you could look at it quickly and respond, I would appreciate it. Wayne Conditions of Approval: 1. That the floating dock be for the exclusive use by members and guests of the Carlouel Yacht Club, that boats moored be transient and that there be no commercial activities at the docks (bait sales, vending, etc.); 2. That the City reserves the right, should Dunedin Pass ever be re-opened either by act of nature or legislation, to require a re-evaluation of the dock location at such time. Such re-evaluation would include, but not be limited to, waterway depths and dynamics such that if the dock or vessels moored on the outboard (east) side encroaches into a proposed channel, such dock be moved back (west) so as not have moored vessels encroach on said channel; 3. That dock-supported signage be permanently installed containing wording warning boaters of the existence of protected sea grasses and manatees in the vicinity; 4. That lighting be installed at the ends of the floating dock to make the dock more visible to recreational boaters at night; 5. That a building permit to install fire risers on the floating dock acceptable to the Fire Department be submitted prior to Planning Department sign-off on the County dock permit application. Prior to completion of the docks, the fire riser permit shall•nalized; and 011 6. That a copy of the SWFWMD and/or FDEP Permit, Corps of Engineer's Permit and proof of permission to use State submerged land, if applicable, be submitted to the Planning Department prior to commencement of construction. i Wells, Wayne From: Morris, William D. Sent: Wednesday, January 11, 2006 3:00 PM To: Irwin, Rod; Brumback, Garry; Horne, William; Delk, Michael Cc: Wilson, Denise; Phillips, Sue; Harriger, Sandy; Wells, Wayne Subject: FW: FLD2005-090094, 1091 Eldorado Avenue, Carlouel Yacht Club Heads Up Importance: High Bill/Garry/Rod: I think I know where the Carlouel dock questions came from... there are some concerned neighbors of the Carlouel yacht club who are upset that a few members of the club management filed the paperwork to get the docks expanded without going to the club members first or talking to the neighbors. I reviewed this for navigation and asked for and received some conditions as outlined below when this went to DRC. Mr. Hart called me about 2:00 PM and is on his way up to review my files and is trying to piece together how this was approved. (it went through the normal DRC process) The bottom line is the dock while it would allow more members to tie up and access the club by water (a form of water recreation in itself) it would be over the deepest water in the waterway. It is not impeding "navigation" of a navigable marked channel as it is outside (west of) of the former navigable marked channel. The former channel is shoaling and with Dunedin pass being closed the channel is no longer maintained as a channel. Some neighbors are concerned that they will not be able to get their boats past the dock. It is also a popular water-ski area that will be impacted to some degree by these docks which were presented as being what the members and community wanted. Apparently some of the neighbors do not want these and it may come up quickly for discussion or generate some calls. There were also lack of Parking issues raised by the concerned citizen. I think it is a water recreation concern, while it will allow members to come to the facility by boat, it will further limit another form of water recreation, waterskiing. We have provisions in the approval to ask this dock be pulled back further from the "navigable channel" but those provisions are tied to opening the pass and the re-establishment of a navigable channel. Bill M -----Original Message----- From: Wells, Wayne Sent: Monday, December 12, 2005 2:26 PM To: Morris, William D. Subject: RE: FLD2005-090094, 1091 Eldorado Avenue, Carlouel Yacht Club Thanks -----Original Message----- From: Morris, William D. Sent: Monday, December 12, 2005 2:14 PM To: Wells, Wayne Cc: Yellin, Catherine Subject: RE: FLD2005-090094, 1091 Eldorado Avenue, Carlouel Yacht Club Wayne, looks good to me we refer to the fire risers as Stand Pipes out here but what ever keeps the firemarshall happy is what we do. Bill M -----Original Message----- From: Wells, Wayne Sent: Monday, December 12, 2005 8:47 AM To: Morris, William D. Cc: Yellin, Catherine Subject: FLD2005-090094, 1091 Eldorado Avenue, Carlouel Yacht Club Bill - ` • Phe I have proposed the following conditions to be included in the Staff Report above referenced case. These are all the conditions, but I want you to look at specifically #2 and #4 and comment/approve. I am trying to finalize this Staff Report this morning. If you could look at it quickly and respond, I would appreciate it. Wayne Conditions of Approval: 1. That the floating dock be for the exclusive use by members and guests of the Carlouel Yacht Club, that boats moored be transient and that there be no commercial activities at the docks (bait sales, vending, etc.); 2. That the City reserves the right, should Dunedin Pass ever be re-opened either by act of nature or legislation, to require a re-evaluation of the dock location at such time. Such re-evaluation would include, but not be limited to, waterway depths and dynamics such that if the dock or vessels moored on the outboard (east) side encroaches into a proposed channel, such dock be moved back (west) so as not have moored vessels encroach on said channel; 3. That dock-supported signage be permanently installed containing wording warning boaters of the existence of protected sea grasses and manatees in the vicinity; 4. That lighting be installed at the ends of the floating dock to make the dock more visible to recreational boaters at night; 5. That a building permit to install fire risers on the floating dock acceptable to the Fire Department be submitted prior to Planning Department sign-off on the County dock permit application. Prior to completion of the docks, the fire riser permit shall be finalized; and 6. That a copy of the SWFWMD and/or FDEP Permit, Corps of Engineer's Permit and proof of permission to use State submerged land, if applicable, be submitted to the Planning Department prior to commencement of construction. 0 0 CDB Meeting Date: December 20, 2005 Case Number: FLD2005-09094 Agenda Item: F2 Owner/Applicant: Carlouel Yacht Club Representative: Mr. Robert M. Thompson Jr. Address: 1091 Eldorado Avenue CITY OF CLEARWATER PLANNING DEPARTMENT STAFF REPORT GENERAL INFORMATION: ORIGINAL REQUEST: Flexible Development approval for the expansion of an existing commercial dock (10'x 107' floating dock addition to an existing 10' x 250' floating dock for transient vessel mooring), with a reduction in side (north) setback from 226.13 feet to 3.3 feet, under the provisions of Section 3- 601. EXISTING ZONING/ Institutional (I) District; INS, Institutional Category LAND USE: PROPERTY SIZE: 2.813 acres; 122,534 square feet (east of Eldorado Avenue only) PROPERTY USE: Current Use: Carlouel Yacht Club, with an existing dock of 12 boat slips, and a 10-foot long by 250-foot wide floating dock on the north side of the property located four feet from the seawall Proposed Use: Carlouel Yacht Club, with a 10' x 107' floating dock addition to an existing 10' x 250' floating dock for transient vessel mooring ADJACENT ZONING/ dwellings LAND USES: North: Low Density Residential District; East: Preservation District; Water South: Low Medium Density Detached dwellings West: Low Medium Density Detached dwellings Residential Residential Detached District; District; CHARACTER OF THE IMMEDIATE VICINITY: Detached dwellings dominate the immediate vicinity. 0 9 UPDATE: Staff received a request on December 14, 2005, to continue the above referenced application, in order to address neighbor concerns, to the January 17, 2006, agenda (see attached letter). Prepared by: Planning Department Staff: W P?:? n , Wayne Wells, AICP, Planner III S: (Planning DepartmentlC D BIFLEX (FLD) (Pending cases)Up for the next CDBIEIdorado 1091 Carlouel Yacht Club Dock Addition (I) - 12.20.05 CDB - WWIEldorado 1091 Staff Report for 12.20.05 CDB.doc Dec 14 05 11:54a T?-?pson Companies P?? Carlauel Yacht Club December 14, 2005 Mr. Wayne Wells, AICP City of Clearwater Planning Department Municipal Services Building 100 South Myrtle Avenue Clearwater, FL 33756 RE: FLD2005-09094 1091 Eldorado Avenue Clearwater, Florida Dear Mr. Wells: VIA FACSIMILE (727) 562-4865 We request a continuation of the above referenced permit from the December 20, 2005 to the January 17, 2006 meeting due to minor modifications that need to be done to the drawings to reduce the length of the dock to the open water that addresses the concerns of the neighbors. We would appreciate your consideration of this matter so that the application can be moved forward to the January 17 2006 meeting. , Please contact me at (727) 446-2200 to advise us of your decision. Very truly yours, CARLOUEL YACHT CLUB, INC. Robert M_ Thompson, Jr. Commodore Cc: Roger Haymond 727A476524 9 p. 1 1091 ELDORADO AVENUE • CLEARWATER, FLORIDA 33767 • (727) 446-9162 0 FAX (7271441-2309 • Resume Wayne M. Wells, AICP 100 South Myrtle Avenue Clearwater, FL 33756 727-562-4504 wayn e.wells(amyclearwater. com PROFESSIONAL EXPERIENCE 0 • Planner III Planning Department, City of Clearwater, FL November 2001 to Present As part of the Development Review Division, prepared and presented staff reports for Flexible Standard Development (staff-level cases), Flexible Development (public hearing cases) and Plats before the Development Review Committee and the Community Development Board and Development Agreements before the City Council; reviewed building permits for Code conformance; prepared and/or assisted preparation of Code amendments; provided public information (via telephone, mail, email, zoning counter or predevelopment meetings). • Zoning Coordinator Zoning Division, City of Pinellas Park, FL March 1989 to November 2001 Acting Zoning Director, Represented the Zoning Division on cases and issues before the City Council, Community Redevelopment Agency, Planning and Zoning Commission, Board of Adjustment and outside agencies; Prepared and presented staff reports for land use plan amendments, rezoned, planned unit developments, conditional uses, variances and site plans; reviewed final site plans and building permits for Code conformance; prepared and/or assisted preparation of Code amendments; provided public information (via telephone, mail, zoning counter or predevelopment meetings). • Program Manager, Zoning Branch Manatee County Department of Planning and Development June 1984 to March 1989 Bradenton, FL Trained and supervised three employees; Prepared and presented variances and appeals to the Board of Zoning Appeals; Coordinated final site plan and building permit review for Code conformance; Assisted in preparation of Code amendments; Provided public information (via telephone, mail, zoning counter or predevelopment meetings). Interim Code Enforcement Manager- Managed the Code Enforcement Section; supervised six employees; prosecuted cases before the Code Enforcement Board; investigated and prepared cases of alleged violations of land use and building codes. Planner II, Current Planning Section - Prepared and presented staff reports for rezones, planned developments, special permits, plats and mobile home parks to Planning Commission and Board of County Commissioners; reviewed final site plans and building permits for Code enforcement; assisted in preparation of Code amendments; provided public information (via telephone, mail, zoning counter or predevelopment meetings). • • • Planner I Alachua County Department of Planning and Development June 1980 to June 1984 Gainesville, FL Prepared and presented staff reports for rezones and special permits to Planning Commission and Board of County Commissioners; reviewed site plans and plats for Code conformance; assisted in preparation of Code amendments; provided public information (via telephone, mail, zoning counter or predevelopment meetings). Intern - Compiled and coordinated the Alachua County Information and Data Book; drafted ordinance revisions; general research. • Graduate Assistant University of Florida Department of Urban and Regional Planning 1979 to 1981 Gainesville, FL Coordinated downtown study for Mayo, FL; coordinated graphics for Jefferson County Comprehensive Plan. • Planning Technician Planning Division, City of St. Petersburg, FL 1977 to 1979 Prepared primarily graphics, for both publication and presentation; Division photographer for 1 %2 years; worked on historic survey and report. EDUCATION Master of Arts in Urban and Regional Planning (Degree not conferred; course work completed, thesis not completed), University of Florida, 1981 Bachelor of Design in Architecture, University of Florida, 1976 LICENSES & CERTIFICATES American Institute of Certified Planners American Planning Association, Suncoast Section • CDB Meeting Date: Case Number: Agenda Item: Owner/Applicant: Representative: Address: December 20, 2005 FLD2005-09094 F2 Carlouel Yacht Club Mr. Robert M. Thompson Jr. 1091 Eldorado Avenue ? ORIGINAL CITY OF CLEARWATER PLANNING DEPARTMENT STAFF REPORT GENERAL INFORMATION: REQUEST: Flexible Development approval for the expansion of an existing commercial dock (10' x 107' floating dock addition to an existing 10' x 250' floating dock for transient vessel mooring), with a reduction in side (north) setback from 226.13 feet to 3.3 feet, under the provi- sions of Section 3-601. EXISTING ZONING/ Institutional (I) District; INS, Institutional Category LAND USE: PROPERTY SIZE: 2.813 acres; 122,534 square feet (east of Eldorado Avenue only) PROPERTY USE: Current Use: Carlouel Yacht Club, with an existing dock of 12 boat slips, and a 10-foot long by 250-foot wide floating dock on the north side of the property located four feet from the seawall Proposed Use: Carlouel Yacht Club, with a 10' x 107' floating dock addition to an existing 10' x 250' floating dock for transient vessel mooring ADJACENT ZONING/ North: Low Density Residential District; Detached dwellings LAND USES: East: Preservation District; Water South: Low Medium Density Residential District; Detached dwellings West: Low Medium Density Residential District; Detached dwellings CHARACTER OF THE IMMEDIATE VICINITY: Detached dwellings dominate the immediate vicinity. Staff Report - Community Development Board - December 20, 2005 Case FLD2005-09094 -Pagel of 7 0 0 ANALYSIS: Site Location and Existing Conditions: The 2.813-acre site is located on the east side of Eldorado Avenue, approximately 300 feet north of Bay Esplanade. The site is currently developed with the Carlouel Yacht Club. Detached dwellings characterize the surrounding area. The site currently contains a dock of 12 slips, approximately in the center of the waterfront property, and a 10-foot long by 250-foot wide floating dock on the north side of the property located four feet from the seawall. The Community Development Board (CDB) approved the existing floating dock on January 21, 2003 (Case No. FLD2002-10033). Proposal: The applicant seeks to relocate the existing floating dock approximately 75 feet out from the seawall and provide access to it by another floating dock, as well as extending the floating access dock approximately and additional 50 feet from the approved 10-foot long by 250- foot wide floating dock. This floating dock will only be used for transient mooring, not for permanent mooring of vessels, by members and guests of the Carlouel Yacht Club while visiting the Club. Since constructing the floating dock in 2003, the Club has discovered they are violating the requirement of the Florida Council of Yacht Clubs to provide a minimum of four tie-up spaces for visiting boats of 40 feet. The original purpose of the floating dock was to provide tie-up facilities for small boats belonging to members, allowing members to access the Club by water and thereby reducing vehicular traffic on the roadways and parking demands. These larger boats historically tied up along the seawall and now tie up to the floating dock, not allowing the small boats to also moor at the floating dock. The proposed configuration of the floating dock will allow increased usage of the floating dock by both large and small boats, rather than having to anchor their vessels and use a small boat to ferry persons over to the existing dock to access the site, and allow the Club to be in compliance with the requirements of the Florida Council of Yacht Clubs. There will be no adverse impact upon the recreational or commercial use of the waterway and the dock does not impose any navigational hazards. There is a deep-water channel running between the applicant's seawall and a wide sea grass bed and mangrove island estuarine type environment over 350 feet to the east. The proposed dock is located a safe distance from this natural marine habitat, grass flats or marine life and, therefore, does not pose any adverse impacts. Studies provided by the applicant do not indicate any evidence of hard-bottom communities (e.g., oysters, soft corals, bryozoans, and tunicates), or any evidence of marine sea grass, within the area of the proposed floating dock. The City's Harbor Master (William Morris) does not oppose this request, but reserves the right, should Dunedin Pass ever be re-opened either by act of nature or legislation, to require a re-evaluation of the dock location at such time. Such re-evaluation would include, but not be limited to, waterway depths and dynamics such that if the dock or vessels moored on the outboard (east) side encroaches into a proposed channel, such dock be moved back (west) so as not have moored vessels encroach on the Mandalay Channel. Since the Club is adjacent to detached dwellings, the commercial dock is required to locate within the center one-third of the property. The applicant is requesting a setback reduction on the north side from 226.13 feet to 3.3 feet for the relocated floating dock. The detached dwelling lot directly to the north does not have the physical dwelling on it, rather it is on the west side of Eldorado Avenue and their dock is on the east side of Eldorado Avenue. A letter of "no objection" to the relocated floating dock from the property owner to the north has been submitted. The dock for the detached dwelling lot to the south is at an approximate zero setback to the common property line. Staff Report - Community Development Board - December 20, 2005 Case FLD2005-09094 - Page 2 of 7 0 0 The proposed dock (including the existing fixed slips) is proportional to its upland waterfront lot width, in harmony with the scale and character of the surrounding single-family docks. The proposed dock is in harmony with the scale and character of the Yacht Club, which has a 678.4- foot waterfront lot width, which is much greater than surrounding detached dwelling lot widths. The Club is located within a large detached dwelling area. The Club is a unique circumstance not generally found within the community. Most docks, obviously, in the vicinity are in a length, width and set back in relation to the detached dwelling character of those lots. The proposed dock is proportionally compatible with the other docks within the neighborhood. Prior to the signoff by the Planning Department for the County building permit for the new and relocated floating dock, a building permit to install fire risers on the floating dock acceptable to the Fire Department must be submitted. Prior to completion of the docks, the fire riser permit must be finalized. Dock supported signage will need to be permanently installed warning boaters of the existence of protected sea grasses and manatees in the vicinity. Lighting should be installed at the ends of the floating dock to make the dock more visible to recreational boaters at night. Code Enforcement Analysis: There are no outstanding enforcement issues associated with this site. COMPLIANCE WITH STANDARDS AND CRITERIA: Section 3-601.C.3): STANDARD PERMITTED PROPOSED CONSISTENT INCONSISTENT REQUIRED SETBACKS One third of North: 3.3 feet X* (minimum) the waterfront (relocated floating property width dock) (678.4 feet South: 203 feet width; 226.13 (existing dock) feet setback required) LENGTH (maximum) 75 percent of 175 feet (new X the width of floating dock) the property 508.8 feet) WIDTH (maximum) 75 percent of 432 feet X the width of the property (508.8 feet * Reduction requested on north side. Staff Report - Community Development Board - December 20, 2005 Case FLD2005-09094 - Page 3 of 7 0 0 COMPLIANCE WITH FLEXIBILITY CRITERIA (Section 3-601.C.3): Consistent Inconsistent 1. The proposed dock shall be subordinate to and contribute to the X comfort, convenience or necessities of the users or the occupants of the principal use of the property. 2. The proposed dock shall be in harmony with the scale and character of X adjacent properties and the neighborhood in general. 3. The proposed dock shall be compatible with dock patterns in the X* general vicinity. 4. Impacts on Existing Water Recreation Activities. The use of the X proposed dock shall not adversely impact the health, safety or well being of persons currently using the adjacent waterways for recreational and/or commercial uses. Furthermore, it shall not hinder or discourage the existing uses of the adjacent waterway by uses including but not limited to non-motorized boats and motorized boats. 5. Impacts on Navigation. The existence and use of the proposed dock shall X not have a detrimental effect on the use of adjacent waters for navigation, transportation, recreational or other public conveniences. 6. Docks shall be sited to ensure that boat access routes avoid injury to X marine grassbeds or other aquatic resources in the surrounding areas. 7. Docks shall not have an adverse impact upon natural marine habitats, X grass flats suitable as nursery feeding grounds for marine life, or established marine soil suitable for producing plant growth of a type useful as nursery or feeding grounds for marine life; manatee sanctuaries; natural reefs and any such artificial reef which has developed an associated flora and fauna which have been determined to be approaching a typical natural assemblage structure in both density and diversity; oyster beds; clam beds; known sea turtle nesting site; commercial or sport fisheries or shell fisheries areas; and habitats desirable as juvenile fish habitat. 8. All turning basin, access channels, boat mooring areas and any other X area associated with a dock shall have adequate circulation and existing water depths to ensure that a minimum of a one foot clearance is provided between the lowest member of a vessel (e.g. skegs, rudder, prop) and the bottom of the water body at mean or ordinary low water (-0.95 NGVD datum). 9. The dock shall not effectively -cause erosion, extraordinary storm X drainage, shoaling of channels, or adversely affect the water quality presently existing in the area or limit progress that is being made toward improvement of water quality in the area in which the dock is proposed to be located. 10. The dock shall not have a material adverse impact upon the X conservation of wildlife, marine life, and other natural resources, including beaches and shores, so as to be contrary to the public interest. Staff Report - Community Development Board - December 20, 2005 Case FLD2005-09094 - Page 4 of 7 • • Consistent Inconsistent 11. The dock shall not have an adverse impact on vegetated areas; X vegetative, terrestrial, or aquatic habitats critical to the support of listed species providing one or more of the requirements to sustain their existence, such as range, nesting or feeding grounds; habitats which display biological or physical attributes which would serve to make them rare within the confines of the City; designated preservation areas such as those identified in the comprehensive land use plan, national wildlife refuges, Florida outstanding waters or other designated reservation areas, and bird sanctuaries. 12. Impacts on Wetlands Habitat/Uplands. The dock shall not have a X material adverse affect upon the uplands surrounding. *See discussion under Analysis. C.OMPT.TANCF WTTTT (i'FNFRAT. CTANT)ART)C Nt-rtinn 3_9131- 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW: FINDINGS OF FACT 1. The subject 2.813 acres is zoned Institutional (1) District; 2. The current use of the upland is a "social and community center" (Carlouel Yacht Club); 3. The site currently contains a dock of 12 slips, approximately in the center of the waterfront property, and a 10-foot long by 250-foot wide floating dock on the north side of the property located four feet from the seawall. The Community Development Board (CDB) approved the existing floating dock on January 21, 2003 (Case No. FLD2002-10033); 4. The proposal is to relocate the existing floating dock approximately 75 feet out from the seawall and provide access to it by another floating dock, as well as extending the floating access dock approximately and additional 50 feet from the approved 10-foot long by 250- foot wide floating dock; Staff Report - Community Development Board - December 20, 2005 Case FLD2005-09094 - Page 5 of 7 0 0 5. The proposed dock complies with maximum dock width and maximum dock length requirements of the Code; 6. The proposal includes a reduction to the minimum side (north) setback from 226.13 feet to 3.3 feet; 7. The existing floating dock was approved at a side (north) setback of six feet; 8. The abutting property owner to the north has submitted a letter indicating he does not oppose this request; 9. There will be no adverse impact upon the recreational or commercial use of the waterway and the dock does not impose any navigational hazards; 10. Fire protection is required for these docks, which must be permitted prior to or in conjunction with the dock construction; 11. The Club is located within a large detached dwelling area. The proposed dock (including the existing fixed slips) is proportional to its upland waterfront lot width, in harmony with the scale and character of the surrounding single-family docks. The proposed dock is proportionally compatible with the other docks within the neighborhood; 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 of Section 3-601; 2. Staff further concludes that the proposal is in compliance with the General Applicability criteria per Section 3-913; and 3. Based on the above findings and the 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 Flexible Development approval for the expansion of an existing commercial dock (10' x 107' floating dock addition to an existing 10' x 250' floating dock for transient vessel mooring), with a reduction in side (north) setback from 226.13 feet to 3.3 feet, under the provisions of Section 3-601, for the site at 1091 Eldorado Avenue, with the following bases and conditions: Bases for Approval: 1. The proposal complies with the Flexible Development criteria under the provisions of Section 3-601. 2. The proposal is in compliance with other standards in the Code including the general applicability criteria per Section 3-913. 3. The dock development is compatible with the surrounding area. Conditions of Approval: 1. That the floating dock be for the exclusive use by members and guests of the Carlouel Yacht Club, that boats moored be transient and that there be no commercial activities at the docks (bait sales, vending, etc.); Staff Report - Community Development Board - December 20, 2005 Case FLD2005-09094 - Page 6 of 7 0 0 2. That the City reserves the right, should Dunedin Pass ever be re-opened either by act of nature or legislation, to require a re-evaluation of the dock location at such time. Such re-evaluation would include, but not be limited to, waterway depths and dynamics such that if the dock or vessels moored on the outboard (east) side encroaches into a proposed channel, such dock be moved back (west) so as not have moored vessels encroach on said channel; 3. That dock-supported signage be permanently installed containing wording warning boaters of the existence of protected sea grasses and manatees in the vicinity; 4. That lighting be installed at the ends of the floating dock to make the dock more visible to recreational boaters at night; 5. That a building permit to install fire risers on the floating dock acceptable to the Fire Department be submitted prior to Planning Department sign-off on the County dock permit application. Prior to completion of the docks, the fire riser permit shall be finalized; and 6. That a copy of the SWFWMD and/or FDEP Permit, Corps of Engineer's Permit and proof of permission to use State submerged land, if applicable, be submitted to the Planning Department prior to commencement of construction. Prepared by: Planning Department Staff: A4 e,4_ n. /VA - Wayne p. Wells, AICP, Planner III ATTACHMENTS: Location Map Aerial Map Zoning Map Existing Surrounding Uses Map Application S: (Planning DepartmentlC D BIFLEX (FLD) (Pending cases) Up for the next CDBIEIdorado 1091 Carlouel Yacht Club Dock Addition (I) - 12.20.05 CDB - WWIEldorado 1091 StaffReport.doc Staff Report - Community Development Board - December 20, 2005 Case FLD2005-09094 - Page 7 of 7 0 0 Resume Wayne M. Wells, AICP 100 South Myrtle Avenue Clearwater, FL 33756 727-562-4504 wayne.wells(&myclearwater.com PROFESSIONAL EXPERIENCE • Planner III Planning Department, City of Clearwater, FL November 2001 to Present As part of the Development Review Division, prepared and presented staff reports for Flexible Standard Development (staff-level cases), Flexible Development (public hearing cases) and Plats before the Development Review Committee and the Community Development Board and Development Agreements before the City Council; reviewed building permits for Code conformance; prepared and/or assisted preparation of Code amendments; provided public information (via telephone, mail, email, zoning counter or predevelopment meetings). • Zoning Coordinator Zoning Division, City of Pinellas Park, FL March 1989 to November 2001 Acting Zoning Director, Represented the Zoning Division on cases and issues before the City Council, Community Redevelopment Agency, Planning and Zoning Commission, Board of Adjustment and outside agencies;- Prepared and presented staff reports for land use plan amendments, rezoned, planned unit developments, conditional uses, variances and site plans; reviewed final site plans and building permits for Code conformance; prepared and/or assisted preparation of Code amendments; provided public information (via telephone, mail, zoning counter or predevelopment meetings). • Program Manager, Zoning Branch Manatee County Department of Planning and Development June 1984 to March 1989 Bradenton, FL Trained and supervised three employees; Prepared and presented variances and appeals to the Board of Zoning Appeals; Coordinated final site plan and building permit review for Code conformance; Assisted in preparation of Code amendments; Provided public information (via telephone, mail, zoning counter or predevelopment meetings). Interim Code Enforcement Manager- Managed the Code Enforcement Section; supervised six employees; prosecuted cases before the Code Enforcement Board; investigated and prepared cases of alleged violations of land use and building codes. Planner II, Current Planning Section - Prepared and presented staff reports for rezones, planned developments, special permits, plats and mobile home parks to Planning Commission and Board of County Commissioners; reviewed final site plans and building permits for Code enforcement; assisted in preparation of Code amendments; provided public information (via telephone, mail, zoning counter or predevelopment meetings). 0 0 • Planner I Alachua County Department of Planning and Development June 1980 to June 1984 Gainesville, FL Prepared and presented staff reports for rezones and special permits to Planning Commission and Board of County Commissioners; reviewed site plans and plats for Code conformance; assisted in preparation of Code amendments; provided public information (via telephone, mail, zoning counter or predevelopment meetings). Intern - Compiled and coordinated the Alachua County Information and Data Book; drafted ordinance revisions; general research. • Graduate Assistant University of Florida Department of Urban and Regional Planning 1979 to 1981 Gainesville, FL Coordinated downtown study for Mayo, FL; coordinated graphics for Jefferson County Comprehensive Plan. • Planning Technician Planning Division, City of St. Petersburg, FL 1977 to 1979 Prepared primarily graphics, for both publication and presentation; Division photographer for 1 %2 years; worked on historic survey and report. EDUCATION Master of Arts in Urban and Regional Planning (Degree not conferred; course work completed, thesis not completed), University of Florida, 1981 Bachelor of Design in Architecture, University of Florida, 1976 LICENSES & CERTIFICATES American Institute of Certified Planners American Planning Association, Suncoast Section 0 0 Wells, Wayne From: Morris, William D. Sent: Monday, December 12, 2005 2:14 PM To: Wells, Wayne Cc: Yellin, Catherine Subject: RE: FLD2005-090094, 1091 Eldorado Avenue, Carlouel Yacht Club Wayne, looks good to me we refer to the fire risers as Stand Pipes out here but what ever keeps the firemarshall happy is what we do. Bill M -----Original Message----- From: Wells, Wayne Sent: Monday, December 12, 2005 8:47 AM To: Morris, William D. Cc: Yellin, Catherine Subject: FLD2005-090094, 1091 Eldorado Avenue, Carlouel Yacht Club Bill - I have proposed the following conditions to be included in the Staff Report for the above referenced case. These are all the conditions, but I want you to look at specifically #2 and #4 and comment/approve. I am trying to finalize this Staff Report this morning. If you could look at it quickly and respond, I would appreciate it. Wayne Conditions of Approval: 1. That the floating dock be for the exclusive use by members and guests of the Carlouel Yacht Club, that boats moored be transient and that there be no commercial activities at the docks (bait sales, vending, etc.); 2. That the City reserves the right, should Dunedin Pass ever be re-opened either by act of nature or legislation, to require a re-evaluation of the dock location at such time. Such re-evaluation would include, but not be limited to, waterway depths and dynamics such that if the dock or vessels moored on the outboard (east) side encroaches into a proposed channel, such dock be moved back (west) so as not have moored vessels encroach on said channel; 3. That dock-supported signage be permanently installed containing wording warning boaters of the existence of protected sea grasses and manatees in the vicinity; 4. That lighting be installed at the ends of the floating dock to make the dock more visible to recreational boaters at night; 5. That a building permit to install fire risers on the floating dock acceptable to the Fire Department be submitted prior to Planning Department sign-off on the County dock permit application. Prior to completion of the docks, the fire riser permit shall be finalized; and 6. That a copy of the SWFWMD and/or FDEP Permit, Corps of Engineer's Permit and proof of permission to use State submerged land, if applicable, be submitted to the Planning Department prior to commencement of construction. (toe 0. • Conditions Associated With ??: a• FLD2005-09094 ??,•' 1091 ELDORADO AVE Fire Condition Leonard Rickard 562-4327 x3062 11/09/2005 11/13/05 - WW Include as a condition in the Staff Report: "That a building permit to install the fire risers on the docks acceptable to the Fire Department be submitted prior to Planning Department sign-off on the County dock permit application. Prior to completion of the docks, the fire riser permit shall be finalize." 11/9/05 - LR SHOW FIRE PROTECTION IN ACCORDANCE WITH WITH NFPA 303. PRIOR TO CDB Harbor Master Condition Wayne Wells, AICP 727-562-4504 10/25/2005 11/13/05 - WW Include as a condition in the Staff Report. 10/25/05 - WW per Bi. Morris Representatives from the Carlouel Yacht Club have submitted a request to relocate a previously permitted 10' wide by 212.9' long metal floating dock, and an additional 10' wide by 101.7' long metal floating dock extension further into the Mandalay Channel waterway. The City does not oppose this request but reserves the right, should Dunedin Pass ever be re-opened either by act of nature or legislation, to require a re-evaluation of the dock location at such time. If in the future the pass is opened and the waterway depths and dynamics are such that vessels moored on the outboard (east ) side of the dock or the dock itself encroach on a proposed channel we would request that said dock be moved back (west) so as not have moored vessels encroach on said channel. I would like to thank Carlouel Yacht Club for their efforts to accommodate more boaters as it not only relieves some traffic burden from the roadways, it provides a much needed increase in access to one of our many waterfront activities. Their presentation to and cooperation with the City of Clearwater Marine Advisory Board were very much appreciated. The City of Clearwater supports Carlouel Yacht Club's request contingent on their willingness to relocate the docks if necessary as stated above. Zoning Condition Wayne Wells, AICP 727-562-4504 Not Met Not Met 10/25/2005 Potential condition of approval to be included in Staff Report: Not Met "That the floating dock be for the exclusive use by members and guests of the Carlouel Yacht Club, that boats moored be transient and that there be no commercial activities at the docks (bait sales, vending, etc.);" 10/25/2005 Potential condition of approval to be included in Staff Report: Not Met "That floating and dock-supported signage be permanently installed containing wording warning boaters of the existence of protected sea grasses and manatees in the vicinity." 10/25/2005 Potential condition of approval to be included in the Staff Report: Not Met "That a copy of the SWFWMD and/or FDEP Permit, Corps of Engineer's Permit and proof of permission to use State submerged land, if applicable, be submitted to the Planning Department prior to commencement of construction." Print Date: 11/13/2005 CaseConditons Page 1 of 2 • FLD2005-09094 1091 ELDORADO AVE U CaseConditons Print Date: 11/13/2005 Page 2 of 2 9 0 Wells, Wayne From: Albee, Rick Sent: Monday, November 21, 2005 9:32 AM To: Watkins, Sherry; DRC Members Subject: RE: Resubmittals for the December 20, 2005, CDB meeting: Sorry if my delay caused any inconveniences. 475 East Shore- No Issues. 400 Poinsettia- Revised condition to be met at building permit. 400 Jones- Condition met. 201 Brightwater- No Issues. 170 Brightwater- No Issues. 279 Windward- No Issues. 907 Ft Harrison- No Issues. 1091 Eldorado- No Issues. 161 Brightwater- No Issues. 2190 NE Coachman- No Issues. 1559 Union- No Issues. -----Original Message----- From: Watkins, Sherry Sent: Tuesday, November 08, 2005 3:53 PM To: DRC Members Subject: Resubmittals for the December 20, 2005, CDB meeting: DRC Members, Plans for the following cases have been resubmitted for the December 20, 2005, CDB meeting: 1. FLD2005-10105; 475 East Shore Drive John 2. FLD2005-09096: 400 Poinsettia John 3. FLD2005-09098: 400 Jones Street Robert 4. FLD2005-09102: 201 Brightwater Wayne 5. FLD2005-09101: 170 Brightwater Drive Wayne 6. FLD2005-09093: 279 Windward Passage Wayne 7. FLD2005-07074: 907 S Ft Harrison Wayne 8. FLD2005-09094: 1091 Eldorado Avenue Wayne 9. FLD2005-09095: 161 Brightwater Dr Wayne 10. LUZ2005-09011/ANX2005-09033 2190 NE Coachman Cky 11. LUZ2005-09012/ANX2005-09034 1559 Union Street Sharon 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 Thursday November 10, 2005. Sherry L Watkins Planning Department Administrative Analyst (727) 562-4582 sherry.watkins@rn yclearzvater. corn 0 9 Wells, Wayne From: Kambourolias, Sam Sent: Wednesday, November 16, 2005 2:04 PM To: Wells, Wayne Cc: Watkins, Sherry Subject: FLD2005-09094 Wayne i change property size from 3.523 to 2.813. wl -1 rwFn? ?L0 aerial.doc existing.doc FLD Map request location.doc zone.doc form.doc • 0 Wells, Wayne From: Wells, Wayne Sent: Monday, November 14, 2005 9:14 AM To: Kambourolias, Sam Cc: Herman, Jason Subject: Map Request for FLD2005-09094, 1091 Eldorado Avenue Sam - Attached is a map request for Case FLD2005-09094 for the property at 1091 Eldorado Avenue. I will bring over the paperwork. The survey that I will bring over you may keep. Thanks- Wayne FLD Map request form.doc r • Wells, Wayne From: Wells, Wayne Sent: Sunday, November 13, 2005 4:52 PM To: Rickard, Leonard Subject: FLD2005-09094, 1091 Eldorado Drive Lenny - For my purposes for this case, I have revised your condition from "met" to "not met" and added the comment "11/13/05 - WW Include as a condition in the Staff Report." I will add to the Staff Report the following condition: "That a building permit to install the fire risers on the docks acceptable to the Fire Department be submitted prior to Planning Department sign-off on the County dock permit application. Prior to completion of the docks, the fire riser permit shall be finalize." I realized that, since we do not issue any permit for the docks but just sign off at the Zoning counter for the County permit, that we needed this type of condition. Wayne Wells, Wayne From: Rice, Scott Sent: Wednesday, November 09, 2005 11:07 AM To: Wells, Wayne; Watkins, Sherry Subject: FLD2005-09094 - 1091 Eldorado Conditions met. Approval condition: Comply with the current Transportation Impact Fee Ordinance and fee schedule. D. Scott Rice Land DeveL Engr. Manager 727-562-4781 scott.rice@MyClearwater.com • • ' 1 Wells, Wayne From: Watkins, Sherry Sent: Wednesday, November 09, 2005 3:22 PM To: Planning Subject: FW: Resubmittals for the December 20, 2005, CDB meeting: FYI Shemj L Watkins Planning Department Administrative Analyst (727) 562-4552 slierry.zvatkins@i-nyclearivater.com -----Original Message----- From: Reid, Debbie Sent: Wednesday, November 09, 2005 3:08 PM To: Watkins, Sherry Subject: FW: Resubmittals for the December 20, 2005, CDB meeting: Sherry, P&R has no issues with the below cases. Debbie 0 -----Original Message----- From: Kader, Art Sent: Wednesday, November 09, 2005 8:36 AM To: Reid, Debbie Subject: FW: Resubmittals for the December 20, 2005, CDB meeting: -----Original Message----- From: Watkins, Sherry Sent: Tuesday, November 08, 2005 3:53 PM To: DRC Members Subject: Resubmittals for the December 20, 2005, CDB meeting: DRC Members, Plans for the following cases have been resubmitted for the December 20, 2005, CDB meeting: 475 East Shore Drive John 400 Poinsettia John 400 Jones Street Robert 201 Brightwater Wayne 170 Brightwater Drive Wayne 279 Windward Passage Wayne t: 907 S Ft Harrison Wayne 8. FLD2005-09094: 1091 Eldorado Avenue Wayne 9. FLD2005-09095: 161 Brightwater Dr Wayne 10. LUZ2005-090111ANX2005-09033 2190 NE Co achman Cky 11. LUZ2005-090121ANX2005-09034 1559 Union Street Sharon 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 Thursday November 10, 2005. Sherry L Watkins Planning Department Administrative Analyst (727) 562-4582 sherry. watkins@ni yeleanuater.cortt • 1-1 • s Wells, Wayne From: Watkins, Sherry Sent: Tuesday, November 08, 2005 3:53 PM To: DRC Members Subject: Resubmittals for the December 20, 2005, CDB meeting: DRC Members, Plans for the following cases have been resubmitted for the December 20, 2005, CDB meeting: 1. FLD2005-10105; 475 East Shore Drive John 2. FLD2005-09096: 400 Poinsettia John 3. FLD2005-09098: 400 Jones Street Robert 4. FLD2005-09102: 201 Brightwater Wayne 5. FLD2005-09101: 170 Brightwater Drive Wayne 6. FLD2005-09093: 279 Windward Passage Wayne 7. FLD2005-07074: 907 S Ft Harrison Wayne 8. FLD2005-09094: 1091 Eldorado Avenue Wayne 9. FLD2005-09095: 161 Brightwater Dr Wayne 10. LUZ2005-09011/ANX2005-09033 2190 NE Co achman Cky 11. LUZ2005-09012/ANX2005-09034 1559 Union Street Sharon 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 Thursday November 10, 2005. Shem L Watkins Planning Department Administrative Analyst (727) 562-4582 sherry.zvatkins @mycleanvater. corn g1jilr4je Avdt,. /oil ? 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AGREEMENT TO ANNEX W hi 1110 \ CITY OWNED PROPERTY 8 8A \\ o lids : U .4T 7A \\ I MDR ZONING DESIGNATION DA \ 6 ZONE LINE 51 5A \ \?`; m 1 4 1111 4A 3 3A raolrt oso ",a i 2 2a D .aeT carol/e (101 g pW 1A to 1c/&s (lL) 'f.. 14 11 d 13 ad OS/R s1p0 10 >9pfe 9 REVISED: a 04/18/00 We 071, LOT 5 'wed f0 - - - - - - ZONING ATLAS ,add ® ? 238A 3NIN 1/4 OF 2 - 28 S - 18 DE 227A ? 227A GOVT LOT s a, p e CITY OF CLEARWATER of, CITY OF CLEARWATER PINELLAS COUONTY, FLORIDA 5 rodt 5 PREPAREO BY PUBLIC WORKS ADMINISTRATION u 4 5e 4 ENGINEERING 79 10D s utr9e Ave., olaa,wa,ar3.)[T 5575e Ish(813)562-4750. I c (13 5 6-4755 ?. 3 bs ry.c ar ro del so ta 3 2 A5. Dlsclalmer: 1 1050 2 'P 100 03 1 Public Inlwmullm data to furnished by the City of Clearwater Pudic Works Mmnlshaton/Engine°ring. and must be accepted ass ma IP 3201 tot3 1°?Q and used by The recipient with the understanding that the data recessed was collected far the purpose of developng a graphic ao Q infrast-W1G Ineenlary. A. such, the City of Clearwater PWA/E 1Prs 17 r 12 °a fs 1 14 mok•t no worroolles, expressed or IMPlled, concwrnlnq the accuracy, comdeteneva. rNlat,tif y, a sull.1,11 y of this data far 161040 op 11 lorr t 942 any ether particular use. Furthermore, the City of paarwaler PWA/E assumes Iwbaity wna,voawr oaadatra with lne use / O 3 WATER LOT A 15 0 road 1are 10 15 ram B, 1 t, , misuse or soon dplo. PF par 4 /Oar 16 yt 1 9 to /10 a This All- page is subject to pc,TOd1c changes. F of . r ?$ 13 °/ 17 W 10 6 /ols /°H B ?G ae .Q pib . or -tion about blest -,Tslons please Coll PWA/E or visit our Web vie. i 1 B N $999 9 12 /0ya rota 7 19 ri 7 ?' N S /oa ar B rom 6 or. ?b r a t 2 rp oi 1 rare 5 20°rp 7 y g o a o/a 21 13 to ) d roy 6 wy 13 tb° a B '^ //} 2T a1 5 14 ^ roaa r 0 100 200 400 600 J, 15 - It 4gr 9? 7 /op rWr Z 23 12 ?6 ???JJJ 6 r /0 " 24 16 e? 1t , 15 I7 ? ta ° ro 1 3 ° ° SCALE: l = 400' g m 4 ' Po 25 00 oa ? i 17 11 \Po ?c, wPo 2 ao 9 1 ' 0 ? p r $ 1 4 • ad, 4 ,B °se 4 /O r 1 r K evt 9 a? ' P LEGEND: °0 't sit 6 'P 3 °Aj 5 eJ 19 d ° a ° tL O i 3 • a a t y 3 0 a?. Oq ` 2 ?- 7 P ara 6 ara 4 & 6 vao 6 2 ? ° 4 ed vet 2 O BLOCK NUMBER s 1B 5 r asi5 Hl 4 5 I aye 7 art a C t>e °p °ya 1 aye ° 3 6 n art 4 ae °yy 3 1234 LOT ADDRESS ® 8 B •>b 2 Bay B ass 'uNa.? °0 7 ? ? 19 16 20 4 - - --- CITY LIMITS % ". t } '6 v 21 5 LINE y 7 qr 6 B °ae °°s 2 17 2? Fri ace f7 0N 9 ep rot 10a p0 23 r= SHADED AREA - PROPERTY 6 18? 7 °?e ea t °° s L- ' OUTSIDE C E 1 sea 10 0sa7 nrya t1 w t oao 15 tae 5 set B J>R 7 L ARWATER CITY LIMITS 1 f 1a j0I &E. ear d 4 sea as 5 aaa 9 aaa tq g 8 see 2 14 s 12 s 5 a gje 8 A AGREEMENT TO ANNEX ae aa 7 4 4 10 set 5 sea 2 ae 3 13 add 3 a e °f •a °ed 9 ' CITY OWNED PROPERTY trr a to a., ea sal 12 3 1 rao a 4 B • t0 ve 2 ses 11 a ° °ee r 4 3 4 rda 3 °e ? MDR Z ses 9 s 2 tdarr ap ado °^ 3 era n ONING DESIGNATION •p c 3 4 art S wit 15 °ee 2 A Ye ° t. u7 ae 1 °jf 10 see ar? are 10 art 13 S r, AV 12 ZONE LINE R? 4 to 1 11 rd , Barn add, 6 g a o to. 6sae add 1 64, 13 5 a» 5 6 ado Q 5 Iu eo 7 B ass so 11 T' ter pm 6 as J gs ara 4 7 ? ps 5 y°° tat 6 7 . STREET ao r 4 aaolc aria S S ra $5 6 e° 8 8 2L °°/ B aas Z °ri B °da S !1 R, q rra 4 N a°e °jt 3 I? a31393 oa/or/a7 a? 4 a 2 9 aaa WW ara 2 9 •ti ? rte y ? am 4 9 ap ? 7 3 7o aaa B su 2 {{yBBt ip 5 am 60 8 10 w °U 10 tb 3 2 10 Its 3 atr to 3 6 vu 1 Fie eta t at B °/t an I 11 tAp I 2 11 ate ] ab 2 t 4 std 4 ate 9 4 an am 0 044 ^RG1L NE T, Iq' 1 12 I/I .III 1 III 10 °q pIAVA SL 3 an t u 2 014 0 3 if tr/ 2 ' DOI !I/ 1 12 t0I 7 H D R 2 rat 5 t 3 CafMEC1roN t/0)/e) MANDALAY SHORES APT S INS ; 2 t B 7 65 3 2 1 ° t0D 70 °°d y 5 eo GOVT LOl 5 td $ e° 8 w REVISED: KWUNC 9 PLAZA : ? 10/21 /99 ao/ Rl a 11•`a.ve ° s7 *ad °'' 4 C ZONING ATLAS 32 1 43 tat 2 ? --- t 4 - `- ? 249A Sw 4 SEC / 0 2498 32 29 S 5 E 238A 0 0 Flexible Development Application - Map Request Planner Name: Wayne Wells Case Number: FLD2005-09094 Date Requested: November 14, 2005 Date Requested for (date): November 30, 2005 Maps Requested x? Location Map x? Aerial Map x? Zoning Map x? Existing Surrounding Uses Map Required Documents to be submitted to Engineering x? Legal Description x? Survey x? Map with Proposed Site Highlighted Map Name Owner: Carlouel Yacht Club Case: FLD2005-09094 Site: 1091 Eldorado Avenue I Property Size (Acres) : 3.523 PIN: 32/28/15/54720/171/0050 Atlas Pages: 227A & 238A 3:00 pm Case Number: FL132005-090 4 -- 1091 ELDORADO AVE 0 s r,?j Owner(s): Carlouel Yacht Corp he A 1091 Eldorado Ave Clearwater, Fl 33767 TELEPHONE: No Phone, FAX: No Fax, E-MAIL: No Email Representative: Robert M Thompson Jr. 1230 S Myrtle Ave Ste 301 t Clearwater, Fl 33756 TELEPHONE: 727-446-2200, FAX: 727-447-6524, E-MAIL: rcompan3@tampabay.rr.com Location: 3.523 acres located on the east side of Eldorado Avenue, approximately 300 feet north of Bay Esplanade Atlas Page: 227A Zoning District: I, Institutional Request: Flexible Development approval for the expansion of an existing commercial dock (10' x 107' floating dock addition to an existing 10' x 250' floating dock for transient vessel mooring), with a reduction in side (north) setback from 226.13 feet to 3.3 feet, under the provisions of Section 3-601. Proposed Use: Social and community centers Neighborhood Clearwater Neighborhoods Coalition Association(s): Clearwater, F133761 2544 Frisco Drive TELEPHONE: 727-725-3345, FAX: No Fax, E-MAIL: Djw@gte.net Neighborhood Clearwater Beach Association Association(s): Clearwater, F133767 100 Devon Dr TELEPHONE: 443-2168, FAX: No Fax, E-MAIL: papamurphy@aol.com Presenter: Wayne Wells, Planner III Attendees Included: City Staff: Wayne Wells, Neil Thompson, Scott Rice, Lenny Rickard, Bill Morris Applicant/Rep: Robert Thompson, Dave Griswald The DRC reviewed this application with the following comments: General Engineering: 1 . 1) Under no circumstances shall any structure(s) be constructed within the 5 ft. easement. The above to be addressed prior to CDB. General Note: DRC review is a prerequisite for Building Permit Review, additional comments may be forthcoming upon submittal of a Building Permit Application. Environmental: No Issues. Fire: SHOW FIRE PROTECTION IN ACCORDANCE WITH WITH NFPA 303. PRIOR TO CDB Harbor Master: 1 . Representatives from the Carlouel Yacht Club have submitted a request to relocate a previously permitted 10' wide by 212.9' long metal floating dock, and an additional 10' wide by 101.7' long metal floating dock extension further into the Mandalay Channel waterway. The City does not oppose this request but reserves the right, should Dunedin Pass ever be re-opened either by act of nature or legislation, to require a re-evaluation of the dock location at such time. If in the future the pass is opened and the waterway depths and dynamics are such that vessels moored on the outboard (east ) side of the dock or the dock itself encroach on a proposed channel we would request that said dock be moved back (west) so as not have moored vessels encroach on said channel. I would like to thank Carlouel Yacht Club for their efforts to accommodate more boaters as it not only relieves some traffic burden from the roadways, it provides a much needed increase in access to one of our many waterfront activities. Their presentation to and cooperation with the City of Clearwater Marine Advisory Board were very much appreciated. Legal: The City of Clearwater supports Carlouel Yacht Club's request contingent on their willingness to relocate the docks if necessary as stated above. No issues. Development Review Agenda - Thursday, November 3, 2005 - Page 59 Land Resources: • 1 . No Issues. Landscaping: I . No issues. Parks and Recreation: 1 . No issues - relocation of existing floating dock and add new floating dock Stormwater: I . No Issues. Solid Waste: I . No issues. Traffic Engineering: I . General note: Comply with the current Transportation Impact Fee Ordinance and fee schedule. Planning: 1 . Potential condition of approval to be included in Staff Report: "That the floating dock be for the exclusive use by members and guests of the Carlouel Yacht Club, that boats moored be transient and that there be no commercial activities at the docks (bait sales, vending, etc.);" 2 . Potential condition of approval to be included in Staff Report: "That floating and dock-supported signage be permanently installed containing wording warning boaters of the existence of protected sea grasses and manatees in the vicinity." 3 . Revise Page 1 of the application to include in the Description of Request(s) the reduction to the side (north) setback from 226.13 feet to xx feet (unclear as to the number as the "Written Submittal Requriements" states 3.125 feet but the drawing indicates 3.3 feet). 4. Revise the "Written Submittal Requirements" under "g. Dimensional standards" for "Setbacks", which states 3.125 feet, or the drawing, which indicates a side setback of 3.3 feet. Revise one or the other to make consistent. 5 . Potential condition of approval to be included in the Staff Report: "That a copy of the SWFWMD and/or FDEP Permit, Corps of Engineer's Permit and proof of permission to use State submerged land, if applicable, be submitted to the Planning Department prior to commencement of construction." Other: No Comments Notes: To be placed on the 12/20/05 CDB agenda, submit 15 collated copies of the revised plans & application material addressing all above departments' comments by noon, 11/8/05. Packets shall be collated, folded and stapled as appropriate. Development Review Agenda - Thursday, November 3, 2005 - Page 60 3:00 Pm Case Number: FLD2005-090iT4 -- 1091 ELDORADO AVE Owner(s): Carlouel Yacht Corp % t o a or 1091 Eldorado Ave Clearwater, Fl 33767 TELEPHONE: No Phone, FAX: No Fax, E-MAIL: No Email Representative: Robert M Thompson Jr. 1230 S Myrtle Ave Ste 301 Clearwater, F133756 TELEPHONE: 727-446-2200, FAX: 727-447-6524, E-MAIL: rcompan3@tampabay.rr.com Location: 3.523 acres located on the east side of Eldorado Avenue, approximately 300 feet north of Bay Esplanade Atlas Page: 227A Zoning District: I, Institutional Request: Flexible Development approval for the expansion of an existing commercial dock (10' x 107' floating dock addition to an existing 10' x 250' floating dock for transient vessel mooring), with a reduction in side (north) setback from 226.13 feet to 3.3 feet, under the provisions of Section 3-601. Proposed Use: Social and community centers Neighborhood Clearwater Neighborhoods Coalition Association(s): Clearwater, F133761 2544 Frisco Drive TELEPHONE: 727-725-3345, FAX: No Fax, E-MAIL: Djw@gte.net Neighborhood Clearwater Beach Association Association(s): Clearwater, F133767 100 Devon Dr TELEPHONE: 443-2168, FAX: No Fax, E-MAIL: papamurphy@aol.com Presenter: Wayne Wells, Planner III Attendees Included: City Staff: Wayne Wells, Neil Thompson, Scott Rice, Lenny Rickard, Bill Morris Applicant/Rep: Darlene Ress, Robert Thompson The DRC reviewed this application with the following comments: General Engineering: 1 , 1) Under no circumstances shall any structure(s) be constructed within the 5 ft. easement. The above to be addressed prior to CDB. General Note: DRC review is a prerequisite for Building Permit Review, additional comments may be forthcoming upon submittal of a Building Permit Application. Environmental: 1 No Issues. Fire: I . SHOW FIRE PROTECTION IN ACCORDANCE WITH WITH NFPA 303. PRIOR TO CDB Harbor Master: 1 . Representatives from the Carlouel Yacht Club have submitted a request to relocate a previously permitted 10' wide by 212.9' long metal floating dock, and an additional 10' wide by 1017 long metal floating dock extension further into the Mandalay Channel waterway. The City does not oppose this request but reserves the right, should Dunedin Pass ever be re-opened either by act of nature or legislation, to require a re-evaluation of the dock location at such time. If in the future the pass is opened and the waterway depths and dynamics are such that vessels moored on the outboard (east ) side of the dock or the dock itself encroach on a proposed channel we would request that said dock be moved back (west) so as not have moored vessels encroach on said channel. I would like to thank Carlouel Yacht Club for their efforts to accommodate more boaters as it not only relieves some traffic burden from the roadways, it provides a much needed increase in access to one of our many waterfront activities. Their presentation to and cooperation with the City of Clearwater Marine Advisory Board were very much appreciated. Legal: The City of Clearwater supports Carlouel Yacht Club's request contingent on their willingness to relocate the docks if necessary as stated above. No issues. Development Review Agenda - Thursday, November 3, 2005 - Page 57 Land Resources: 1 . No Issues. • Landscaping: I . No issues. Parks and Recreation: 1 . No issues - relocation of existing floating dock and add new floating dock Stormwater: No Issues. Solid Waste: I . No issues. Traffic Engineering: 1 . General note: Comply with the current Transportation Impact Fee Ordinance and fee schedule. Planning: 1 . Potential condition of approval to be included in Staff Report: "That the floating dock be for the exclusive use by members and guests of the Carlouel Yacht Club, that boats moored be transient and that there be no commercial activities at the docks (bait sales, vending, etc.);" 2 . Potential condition of approval to be included in Staff Report: "That floating and dock-supported signage be permanently installed containing wording warning boaters of the existence of protected sea grasses and manatees in the vicinity." 3 . Revise Page 1 of the application to include in the Description of Request(s) the reduction to the side (north) setback from 226.13 feet to xx feet (unclear as to the number as the "Written Submittal Requriements" states 3.125 feet but the drawing indicates 3.3 feet). 4. Revise the "Written Submittal Requirements" under "g. Dimensional standards" for "Setbacks", which states 3.125 feet, or the drawing, which indicates a side setback of 3.3 feet. Revise one or the other to make consistent. 5 . Potential condition of approval to be included in the Staff Report: "That a copy of the SWFWMD and/or FDEP Permit, Corps of Engineer's Permit and proof of permission to use State submerged land, if applicable, be submitted to the Planning Department prior to commencement of construction." Other: No Comments Notes: To be placed on the 12/20/05 CDB agenda, submit 15 collated copies of the revised plans & application material addressing all above departments' comments by noon, 11/8/05. Packets shall be collated, folded and stapled as appropriate. Development Review Agenda - Thursday, November 3, 2005 - Page 58 0 0 Wells, Wayne From: Yellin, Catherine Sent: Wednesday, October 19, 2005 11:34 AM To: Wells, Wayne Cc: Morris, William D. Subject: Case comments for FLD2005-09094 Carlouel Yacht Corp. Carlouel Yacht Club dock exten... In a letter to the DEP dated August 16, 2005, Mr. Morris addressed the Carlouel Yacht Club dock request. He would like to use his stipulations/approval to serve as his comments in the above referenced case. Please see the attached letter. Catherine Yellin, Sr. Staff Ass't to William Morris, Marine & Aviation Director City of Clearwater 727 462-6954 ext 29 727 462-6957 fax • Ms. Cathy D. Litscher Environmental Specialist II Dept. of Environmental Protection 3804 Coconut Palm Drive Tampa, FL 33619 Subject: Carlouel Yacht Club Dock Relocation & Extension Dear Ms. Litscher: • August 16, 2005 Representatives from the Carlouel Yacht Club have submitted a request to relocate a previously permitted 10' wide by 212.9' long metal floating dock, and an additional 10' wide by 101.7' long metal floating dock extension further into the Mandalay Channel waterway. The City does not oppose this request but reserves the right, should Dunedin Pass ever be re-opened either by act of nature or legislation, to require a re- evaluation of the dock location at such time. If in the future the pass is opened and the waterway depths and dynamics are such that vessels moored on the outboard (east ) side of the dock or the dock itself encroach on a proposed channel we would request that said dock be moved back (west) so as not have moored vessels encroach on said channel. I would like to thank Carlouel Yacht Club for their efforts to accommodate more boaters as it not only relieves some traffic burden from the roadways, it provides a much needed increase in access to one of our many waterfront activities. Their presentation to and cooperation with the City of Clearwater Marine Advisory Board were very much appreciated. The City of Clearwater supports Carlouel Yacht Club's request contingent on their willingness to relocate the docks if necessary as stated above. I can be reached at (727) 462-6954 extension 22 if I can be of further assistance. Sincerely, William D. Morris Marine & Aviation Director Pinellas County Property App r Information: 32 28 15 54720 1710 Page 2 of 7 32 / 28 / 15 / 54720 / 171 / 0050 13-Nov-2005 Jim Smith, CFA Pinellas County Property Appraiser 17:04:26 Ownership Information Non-Residential Property Address, Use, and Sales CARLOUEL YACHT CORP OBK: 00479 OPG: 0978 1091 ELDORADO AUE CLEARWATER FL 33767-1007 EVAC: A EUAC Comparable sales value as Prop Addr: 1091 EL DORADO AUE of Jan 1, 2005, based on Census Tract: 260.02 sales from 2003 - 2004: 0 Sale Date OR Book/Pag e Price (Qual/UnQ) Vac/Imp Plat Information 0 /0 0/ 0 0 { ) 1931: Book 020 Pgs 057- 0 /0 01 0 0 { } 0000: Book Pgs - 0 /0 0/ 0 0 { ) 0000: Book Pgs - 0 /0 0/ 0 0 { ) 2005 Value EXEMPTIONS Just/Market: 2,530,000 Homestead: NO Ownership % 000 Govt Exem: NO Use %: .000 Assessed/Cap: 2,530,000 Institutional Exem: NO Tax Exempt %: .000 Historic Exem: 0 Taxable: 2,530,000 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: 58,790.12 1) 688 x 168 25.00 115, 584. 0 S Special Tax .00 2) 0 x 0 .00 .00 3) 0 x 0 00 00 Without the Save-Our-Homes 4) 0 x 0 .00 .00 cap, 2005 taxes will be : 5) 0 x 0 .00 .00 58, 790.12 6) 0 x 0 00 00 Without any exemptions, 2005 taxes will be 58,790.12 Short Legal MANDALAY REPLAT BLK 171, LOTS 6 THRU 11 & Description THAT PART OF LOTS 4 & 5 DESC AS FROM MOST S'LY COR Building Information http://pao.co.pinellas.fl.us/htbin/cgi-scr3?o=1 &a=1 &b=1 &c=l &r=.16&s=4&t3=1 &u=0&... 11/13/2005 Pinellas County Property App*r Information: 32 28 15 54720 171 06 Page 3 of 7 Property_and_Land Use Code descriotions . Building I . Buldnb 2 . B uildi t4 3 Building #1 32 / 28 / 15 / 54720 / 171 ! 0050 :01 13-Nov-2005 Jim Smith, CFA Pinellas County Property Appraiser 17:04:27 Commercial Card 01 of 3 Improvement Type: Rest/Lounge/Drive-in Property Address: 1091 ELDORADO AUE Prop Use: 354 Land Use: 35 Structural Elements Foundation Continuous Footing Floor System Slab on Grade Exterior Wall Siding Average 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 Drywall Total Units 0 Heating & Air Heating&Cooling Pckg Fixtures 14 Bath Tile Floor + Half Wall Electric Average Shape Factor Square Quality Average Year Built 1,935 Effective Age 35 Other Depreciation 0 Function Depreciation 0 Economic Depreciation 0 Sub Areas Description Factor Area Description Factor Area 1) Base Area 1.00 9, 908 7) . 00 0 2) Upper Stry Base Area .90 3,464 8) .00 0 3) Utility .55 2,691 9) 00 0 4) Open Porch 30 1,052 10) 00 0 5) Utility .40 288 11) 00 0 6) Detached Utility .45 420 12) 00 0 Commercial Extra Features Description Dimensions Price 1) POOL 100, 000. 0 2) POOL 25, 000. 00 3) PATIO/DECK 3. 00 4) TENNISCT 20,000.00 5) ASPHALT 14400 1.50 6) FIRESPRINK 11766 1.75 Units Value RCD Year 1 1001000 40,000 1,963 1 25,000 10,000 1,963 2,000 6,000 2,400 1,963 2 40,000 24,800 1,963 14,400 21,600 21,600 999 11,766 20,590 8,240 1,963 TOTAL RECORD VALUE: 107,040 Building #2 http://pao.co.pinellas.fl.us/htbin/cgi-scr3?o=l &a=1 &b=1 &c=1 &r=.16&s=4&t3=1 &u=0&... 11/13/2005 Pinellas County Property Apper Information: 32 28 15 54720 171 06 Page 4 of 7 32 / 28 / 15 / 54720 / 171 / 0050 :02 13-Nov-2005 Jim Smith, CFA Pinellas County Property Appraiser 17:04:28 Commercial Card 02 of 3 Improvement Type: Res Comm Use Property Address: 0 Prop Use: 354 Land Use: 35 Structural E1?ments Foundation Continuous Footing Floor System Slab on Grade Exterior Wall Siding Average Height Factor 0 Party Wall None Structural Frame None Roof Frame Gable & Hip Roof Cover ctllgd mtl Cabinet & Mill Average Floor Finish Uinyl or Cork Tile Interior Finish Wood Walls Total Units 0 Heating & Air None Fixtures 35 Bath Tile None Electric Average Shape Factor Rectangle Quality Average Year Built 11956 Effective Age 40 Other Depreciation 0 Function Depreciation 0 Economic Depreciation 0 Sub Aromas Description Factor Area Description Factor Area 1) Base Area 1. 00 2,864 7) . 00 0 2) Screen Porch .20 429 8) 00 0 3) .00 0 9) 00 0 4) 00 0 10) 00 0 5) 00 0 11) 00 0 6) 00 0 12) 00 0 C omm e r c i a1 E x t r a F e at ur e s Description Dimensions Price Units Value RCD Year 1) DOCK 496 15. 00 496 7,440 2, 980 1, 956 2) FIREPLACE MASSIVE 7,500.00 3 22,500 9,000 1,956 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: 11,980 Building #3 http://pao.co.pinellas.fl.us/htbin/cgi-scr3?o=l &a=1 &b=1 &c=1 &r=.16&s=4&t3=1 &u=0&... 11/13/2005 Pinellas County Property App*r Information: 32 28 15 54720 1710 ?* Page 5 of 7 32./ 28 / 15 / 54720 / 171 / 0050 :03 13-Nov-2005 Jim Smith, CFA Pinellas County Property Appraiser 17:04:28 Commercial Card 03 of 3 Improvement Type: Res Comm Use Property Address: 0 Prop Use: 354 Land Use: 35 Structural Elements Foundation Continuous Footing Floor System Slab on Grade Exterior Wall Siding Average Height Factor 0 Party Wall Hone Structural Frame None Roof Frame Gable & Hip Roof Cover ctllgd mtl Cabinet & Mill Average Floor Finish Uinyl or Cork Tile Interior Finish Wood Walls Total Units 0 Heating & Air None Fixtures 18 Bath Tile None Electric Average Shape Factor Rectangle Quality Average Year Built 1,960 Effective Age 35 Other Depreciation 0 Function Depreciation 0 Economic Depreciation 0 Sub Areas Description Factor Area Description Factor Area 1) Base Area 1. 00 759 7) 00 0 2) Screen Porch 20 152 8) .00 0 3) Open Porch .15 70 9) .00 0 4) .00 0 10) 00 0 5) .00 0 11) .00 0 6) .00 0 12) 00 0 C omm e r c i a 1 E x t r a F s at ur c 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) F+1 [;?] Ff][E FID_ FIE_?] http://pao.co.pinellas.R.us/htbin/cgi-scr3?o=l&a=1 &b=1 &c=1 &r=.16&s=4&t3=1 &u=0&... 11/13/2005 Pinellas County Property App*r Information: 32 28 15 54720 171 0?b r 11001 N,IA.NDA.LA.Y PO INT Ow" LLDRN.DO 17 CARLQUEL YACHT CLUB - IRS ELEjC7reD O hip ELLL 0 FR. 4. D (3 ti71 la?l _I A E_ E L. ,,^' ,A D 0 ELU A EL?'1RA.D AVE b I EL DCfRAC? ^VE I l] ? ?3 ?1? ELD?'}? , -' f- ~ ri 55 `! BAT r?r " ES L.ANA0F,,- f I O S ? ELDOPADO ` /E A 27 A B d 1/8 Mile Aerial Photograph (2002) Page 6 of 7 http://pao.co.pinellas.fl.us/htbin/cgi-scr3?o=l&a:--l &b=1 &c=1 &i=.16&s=4&t3=1 &u=0&... 11/13/2005 Back,t.o _S.earc.h.. Page. An explanation of this screen http://pao.co.pinellas.fl.uslhtbinlcgi-scr3?o=1 &a=1 &b=1 &c=1 &r=.16&s=4&t3=1 &u=0&... 11/13/2005 f Check list for CDB Agenda & Application sent to City Clerks Office FLD2005-09094 Application Form 1091 Eldorado Avenue Parcel ID Letter of Authorization Survey or egaFTWO'9cription Copy of 400 scale Zoning Atlas with property outlined and 500' radius hand drawn from outside perimter of site 2 x 2 Map s required for ANX, LUZ & Z LARGE SCALE AMENDMENTS Sherry Watkins `INITIALS YES or NO i?. 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"Ov.s pilau coil PWA/E or '1'111 ou, We0 Vie. N 140 T4D 440 600 SCALE: I" : 400' LEGEND: © BLOCK NUMBER 1234 LOT ADDRESS --- -- CITY LIMITS LINE SHADED AREA - PROPERTY OUTSIDE CLEARWATER CITY LIMITS ? AGREEMENT TO ANNEX ''``/ CITY OWNED PROPERTY MDR ZONING DESIGNATION 40 ZONE LINE Mow aeo a),393 aror/a REVISED: 04/18/00 ZONING ATLAS NW 1 /4 OF cFf T1ntd ® A 227A cove s 7'a?14 7 ?.? CITY OF CLEARWATER 6 f a -?1? PINEUAS COUORTY. FLORIDA sm1, s??t/ PREPARED Br PUBIJC WORKS ADMINISTRATION too S. Mplle Atr.,MCLw,oter• it 33755 Phi (613)562-1750. Fox: (813)526-1755 r w oft tp to } Mlp://rvr.claorvoly-B.cam englneW/ 2 P• D4elalm- t (010 2 so 00 I Public lhfwmollon data is (urnilned by Ins City or ClearwolH 4d Public Work- A4mhletrulbn/En9lner1lnq. and must 0..... clad 32/04 °Tj \0? and used by the realptent with the undrrslpndhq that the data ps sac- were collected (w the purpow of developing o graphic 17 10 1 Qy Inff-structure invrntary. 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C6 5 KIPUIX PLAZA 413 y !oi 2 4 3 7 4 ? 249A N 0200 490 640 SCALE: I" a: 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 REZOW we ' me3/3 06/o./fir ? ctsmcctmh tro3/f1 REVISED: 10/21/99 ZONING ATLAS . , SW 1 /4 ne een.tavrr _ • CITY OF CLEARWATER NOTICE OF COMMUNITY DEVELOPMENT BOARD PUBLIC HEARINGS The Community Development Board of the City of Clearwater, Florida, will hold public hearings on Tuesday, December 20, 2005, beginning at 2:00 p.m., in the City Council Chambers, in City Hall, 3rd floor, 112 South Osceola Ave, Clearwater, Florida, to consider the following requests: NOTE: All persons wishing to address an item need to be present at the BEGINNING of the meeting. Those cases that are not contested by the applicant, staff, neighboring property owners, etc. will be placed on a consent agenda and approved by a single vote at the beginning of the meeting. 1. (Cont'd from 10-18-05) KP 23 Enterprises Inc, Peter & Kelly L Nascarella, and KP 26 LLC are requesting Flexible Development approval (1) to permit vehicle sales/display and an automobile service station in the Commercial District with reductions to the front (east) setback from 25 ft to 5 ft (to pavement), from 25 ft to 13.7 ft (to existing building) and from 5 ft to zero ft to retain existing signage (to the leading edge of the sign), reductions to the side (south) setback from 10 ft to 5.8 ft (to carport) and from 10 ft to 3.9 ft (to pavement), reductions to the rear (west) setback from 20 ft to 3.5 ft (to pavement and existing building), a reduction to required parking from 55 spaces to 30 spaces, an increase to sign ht from 14 ft to 15 ft (for existing signage), a deviation to allow vehicle sales/display contiguous to residentially-zoned property, a deviation to allow the display of vehicles for sale outdoors and a deviation to allow direct access to a major arterial street, as a Comprehensive Infill Redevelopment Project, under the provisions of Sec 2- 704.C, and reductions to the landscape buffer width along South Missouri Ave from 15 ft to 5 ft (to pavement) and from 15 ft to 13.7 ft (to existing building), a reduction to the landscape buffer width along the south property line from 5 ft to 3.9 ft (to pavement), a reduction to the landscape buffer width along the west property line adjacent to single family dwellings from 12 ft to 5.8 ft (to pavement), a reduction to the landscape buffer width along the west property line adjacent to a nonresidential use from 5 ft to 3.5 ft (to pavement and existing building), a reduction to the foundation landscaping adjacent to buildings from 5 ft to zero ft and a reduction to reduce the interior landscape area from 10 percent to 7.45 percent of the vehicular use area, as a Comprehensive Landscape Program, under the provisions of Sec 3-1202.G; and (2),to permit non-residential off-street parking in the Low Medium Density Residential District, with a deviation to allow landscaping on the inside of a perimeter fence, as a Residential Infill Project, under the provisions of Sec 2-204.E. (Proposed Use: Vehicles display and sales) at 1460, 1470, & 1480 S Missouri Ave, , A H Duncan's Resub Parts of Lots 11-13, and Zephyr Hills Sub Lots 7-10. Assigned Planner: Wayne M. Wells, AICP, Planner III. FLD2003-08039 2. (Cont'd from 10-18-05) Patrick E & Toni V Hickey are requesting Flexible Development approval to permit a doctor's office in the Office (O) District with a reduction to the minimum lot width of 100 ft to 64.08 ft, a reduction to the front (west) setback from 25 ft to 16 ft (to pavement), reductions to the side (north) setback from 20 ft to 10.7 ft (to existing building), from 20 ft to 1-ft (to pavement) and from 20 ft to 5 ft (to sidewalk) and reductions to the side (south) setback from 20 ft to 7.1 ft (to existing building), from 20 ft to 9.7 ft (to pavement) and from 20 ft to 7.3 ft (to sidewalk), as a Comprehensive Infill Redevelopment Project, under the provisions of Sec 2-1004.B, and reductions to the landscape buffer along the north property line from 12 ft to 10.7 ft (to existing building), from 12 ft to 1-ft (to pavement) and from 12 ft to 5 ft (to sidewalk), reductions to the landscape buffer along the south property line from 12 ft to 7.1 ft (to existing building), from 12 ft to 9.7 ft (to pavement) and from 12 ft to 7.3 ft (to sidewalk) and a reduction to foundation landscaping from 5 ft to zero ft, as a Comprehensive Landscape Program, under the • provisions of Sec 3-1202.G. (Proposed Use: Doctor's office) at 107 McMullen Booth Rd, Sec 16-29-16, M&B 21.05. Assigned Planner: Wayne M. Wells, AICP, Planner III. FLD2005- 07077 3. (Cont'd from 10-18-05) Lenny Cristino is requesting Flexible Development approval to permit the expansion of a restaurant with a reduction to lot width from 100 ft to 96 ft, reductions to the front (west) setback from 25 ft to 15 ft (to existing outdoor seating deck), from 25 ft to 22 ft (to canopy), and from 25 ft to 9 ft (to pavement), a reduction to the side (south) setback from 10 ft to 5.8 ft (to existing building), a reduction to the side (north) setback from 10 ft to zero ft (to existing pavement), reductions of the rear (east) setback from 20 ft to 14.3 ft (to building), from 20 ft to 4 ft (to existing pavement) and from 20 ft to zero ft (to dumpster enclosure) and a reduction of parking spaces from 43 spaces to 9 spaces, under the provisions of Sec 2-704.M, and a reduction to the front (west) landscape buffer from 15 ft to 9 ft (along S Ft Harrison Ave), and a reduction to the rear (east) landscape buffer from 5 ft to zero ft (to dumpster enclosure), as part of a Comprehensive Landscape Program under the provisions of Sec 3-1202.G. (Proposed Use: Restaurant) at 1101 S Ft Harrison Ave, Magnolia Park Blk 39, Lot 1, parts of Lot 2 & Vac Lotus Path Adj on N. Assigned Planner: Michael H. Reynolds, AICP, Planner III. FLD2005-06053 4. (Cont'd from 11-15-05) Peter Pan Developments LLC (Panayiotis Vasiloudes, Petrit Meroli, Somerset Condominium) are requesting Flexible Development approval to permit 8 attached dwellings in the Medium High Density Residential (MHDR) District with a reduction to the minimum lot area from 15,000 sq ft to 13,087 sq ft, reductions to the minimum lot width from 150 ft to 120 ft along Bay Esplanade and from 150 ft to 110 ft along Somerset St, a reduction to the front (west) setback from 25 ft to 22 ft (to water feature), reductions to the front (south) setback from 25 ft to 11 ft (to building and pavement) and from 25 ft to zero ft (to trash staging area), a reduction to the side (north) setback from 10 ft to 3.1 ft (to pavement), a reduction to the side (east) setback from 10 ft to zero ft (to pool deck), an increase to building ht from 30 ft to 46.83 ft (to roof deck) with an additional 4.17 ft for perimeter parapets (from roof deck) and to permit the building within the visibility triangles, as a Residential Infill Project, under the provisions of Sec 2-404.F, and a reduction to the landscape buffer along Bay Esplanade from 5 ft to 3 ft (for the retention pond planting area), a reduction to the landscape buffer along Somerset St from 10 ft to zero ft (to trash staging area) and a reduction to the landscape buffer along the north property line from 10 ft to 3.1 ft (to pavement), as a Comprehensive Landscape Plan, under the provisions of Sec 3-1202.G. [Proposed Use: Attached dwellings (8 condominiums)] at 693- 699 Bay Esplanade, Mandalay Unit No. 5 Replat, Blk 76 & unplatted Blk 76. Assigned Planner: Wayne M. Wells, AICP, Planner III. FLD2005-08090 5. Clearwater Townhomes Inc (Roland Rogers) are requesting (1) Flexible Development approval to permit the addition of a pool to a previously approved attached dwelling project (FLD2002-1 1 042, approved January 21, 2003) in the Tourist District with a reduction to the rear (east) setback from 20 ft to zero ft (to pool deck), as a Comprehensive Infill Redevelopment Project, under the provisions of Sec 2-803.C; and (2) Preliminary Plat approval revising the previously recorded plat to provide for the proposed pool (PLT2005-00026). (Proposed Use: Addition of pool to townhomes) at 161 Brightwater Dr, Island Townhomes, Lots 1-10. Assigned Planner: Wayne M. Wells, AICP, Planner III. FLD2005-09095/PLT2005-00026 6. Carlouel Yacht Corp. is requesting Flexible Development approval for the expansion of an existing commercial dock (10' x 107' floating dock addition to an existing 10' x 250' floating dock for transient vessel mooring), with a reduction in side (north) setback from 226.13 ft to 3.3 ft, under the provisions of Sec 3-601. (Proposed Use: Expansion of an existing commercial dock) • 0 at 1091 Eldorado Ave Mandalay Replat Blk 171, Lots 6-11 & part of Lots 4 & 5. Assigned Planner: Wayne M. Wells, AICP, Planner III. FLD2005-09094 7. Miriam L Cebula, & Harley P and Sharon R Evans (GFB Development, LLC) are requesting Flexible Development approval to permit 27 attached dwelling units in the High Density Residential (HDR) District with an increase to ht from 30 ft to 79 ft (to roof deck) with an increase to the ht of the parapet from 30 inches to 90 inches (from roof deck), a reduction to the front (west) setback from 25 ft to 21 ft (to building) and 12 ft (to pavement), a reduction to the rear (east) setback from 15 ft to zero ft (to pavement), a reduction to the side (north) setback from 10 ft to 3 ft (to pavement), and a reduction to the side (south) setback from 10 ft to 7 ft (to building) and 8 ft (to pavement) as part of a Residential Infill Project under the provisions of Sec 2-504.17. (Proposed Use: Attached Dwellings) at 125 & 143 Island Way, Island Estates of Clearwater, Lots 4 & 5. Assigned Planner: Robert G. Tefft, Planner III. FLD2005-07062 8. Georgia Street Properties LLC, 302-308 N Osceola Properties LLC, Belvedere Land Trust, Church of Scientology Flag Svc Org Inc, Osceola-Jones Properties LLC, & Triangle S A Land LLC (Triangle Old Bay Holdings, LLC, Triangle Development Company LLC) are requesting Flexible Development approval to permit a mixed-use development (324 attached dwelling units and 26,124 sq ft of non-residential floor area), an increase in the permitted ht from 30 ft to 169 ft (to roof deck) with an additional 28 ft for architectural embellishments (from roof deck) for that portion of the development on the west side of N Osceola Ave, an additional 21 ft (from roof deck) for architectural embellishments for that portion of the development on the east side of N Osceola Ave as a Comprehensive Infill Redevelopment Project, under the provisions of Sec 2-903.C. (Proposed Use: Mixed-use) at 302, 303, 304, 308 and 309 North Osceola Ave; 410 Jones St; and 410 N Ft Harrison Ave, A. B. & Jennie Cate's Sub Lots 1-7 & Vac Alley Betw & Bergen's Repl Blk A-B & Vac Alley, Lots 8-11 & Subm Land, Sec 09-29-15, M&B 43- 03, Sec 09-29-15, M&B 43.04, Sec 09-29-15, M&B 43-05, Sec 09-29-15, M&B 43-06, Clovis C Lutz Sub Tract A-B, Subm Land, & 10 Ft Strip of Land Adj N of Tract A, Belvedere Apts Co-op Apt 2 A, Jones' Sub of Nicholson's Blk 2, part of Lots 1-2. Assigned Planner: Robert G. Tefft, Planner III. FLD2005-09098 9. Flamingo Bay of Clearwater, LLC is requesting (1) Flexible Development approval to permit 27 attached dwellings in the Tourist District with reductions to the front (south) setback from 15 ft to 2.27 ft (to sidewalk) and from 15 ft to zero ft (to trash staging area), reductions to the rear (north) setback from 20 ft to 18 ft (to building) and from 20 ft to zero ft (to pool deck and boardwalk), an increase to building ht from 35 ft to 45.67 ft (to roof deck) with an additional 5.5 ft for parapets (from roof deck) and with an additional 16 ft for a roof top pavilion (from roof deck), as part of a Comprehensive Infill Redevelopment Project, under the provisions of Sec 2- 803.C (retaining 5 existing boat docks for sole use by the property owners); and (2) the Transfer of Development Rights for 2 units from 28 Idlewild St and 2 units from 321 Coronado Dr, under the provisions of Sec 4-1403 (TDR2005-09027). [Proposed Use: Attached dwellings (27 condominiums)] at 170, 174, 180, & 188 Brightwater Dr, Bayside Sub No.2, Lots 36-40. Assigned Planner: Wayne M. Wells, AICP, Planner III. FLD2005-09101/TDR2005-09027 10. LaBella Vista of Clearwater, LLC is requesting (1) Flexible Development approval to permit 18 attached dwellings in the Tourist District with reductions to the front (north) setback from 15 ft to 10.8 ft (to building) and from 15 ft to zero ft (to sidewalk and dumpster staging area), a reduction to the side (east) setback from 10 ft to 7 ft (to pavement and wall), reductions to the side (west) setback from 10 ft to 8.8 ft (to building) and from 10 ft to 7 ft (to pavement and wall), reductions to the rear (south) setback from 20 ft to 18 ft (to building) and from 20 ft to zero ft (to pool deck and boardwalk) and increases to building ht from 35 ft to 45.67 (to roof deck) with an additional 5.5 ft for parapets (from roof deck) and with an additional 14.25 ft for a roof top pavilion (from roof deck), as part of a Comprehensive Infill Redevelopment Project, under the provisions of Sec 2-803.C (retaining three existing boat docks for sole use by the property owners); and (2) the Transfer of Development Rights for 3 units from 200 Brightwater Dr, under the provisions of Sec 4-1403 (TDR2005-09026). (Proposed Use: Attached dwellings [18 condominiums]) at 193, 199, & 201 Brightwater Dr, Bayside Sub No. 2, Lots 24 & 25, and part of Lots 23 & 26. Assigned Planner: Wayne M. Wells, AICP, Planner III. FLD2005- 09102/TDR2005-09026 11. Shaul & Meir Lew Partnership (C/O L&L Wings Inc.) are requesting a Flexible Development approval (FLS2003-09046) for redevelopment of an existing retail sales establishment and includes a reduction to front (south along Marianne St) setback from 25 ft to 10.75 ft (to building) and a reduction to front (south along Marianne St) setback from 25 ft to zero ft (to pavement), per Sec 2-803.K. (Proposed Use: Remodel of existing Retail Sales Store) at 400 Poinsettia Ave, Barbour-Morrow Sub, Blk A, Lots 29-33 Incl. Assigned Planner: John Schodtler, Planner I. FLD2005-09096 12. Parkdale, LLC (Maria Nikolova & Belleair Harbor, LLC) are requesting a Flexible Development approval to construct a 2 unit attached dwelling building in the Tourist Marina Residential District and includes a minimum lot area reduction from 10,000 sq ft to 8,171 sq ft, a minimum lot width reduction from 100 ft to 60 ft, the rear, waterfront (east) setback from 20 ft to zero ft (to pool deck), and the rear, waterfront (east) setback from 20 ft. to 10 ft (to pool), as a Comprehensive Infill Project under the provisions of Sec 2-803.C. (Proposed Use: A 2 unit attached dwelling) at 475 East Shore Dr, Clearwater Beach Park, 1 S` Add Replat, Blk C, Lot 5 & Submerged Land E to Channel. Assigned Planner: John Schodtler, Planner I. FLD2005-10105 13. Magnolia Park Realty & BKB Properties Inc. are requesting a (1) Flexible Development to permit a Mixed Use of offices (5,250 square feet) and nine attached dwellings in the Commercial and Office Districts with a reduction to the minimum lot width in the Commercial District from 100 feet to 79.5 feet, a reduction to the front (west) setback in the Commercial District from 25 feet to 10 feet (to building), reductions to the front (south) setback in the Office District from 35 feet to 8.18 feet (to building) and from 35 feet to 16.34 feet (to pavement), a reduction to the side (north) setback in the Commercial District from 10 feet to zero feet (to pavement), a reduction to the side (north) setback in the Office District from 20 feet to 8.02 feet (to building), reductions to the side (south) setback in the Commercial District from 10 feet to seven feet (to building), from 10 feet to four feet (to pavement) and from 10 feet to three feet (to sidewalk), a reduction to the side (south) setback in the Office District from 20 feet to zero feet (to pavement), a reduction to the side (west) in the Office District from 20 feet to *one foot (to pavement), reductions to the side (east) setback in the Office District from 20 feet to 7.3 feet (to building), from 20 feet to 5.4 feet (to pavement) and from 20 feet to 4.2 feet (to sidewalk), an increase to building height for offices in the Commercial District from 25 feet to 31 feet (to flat roof), an increase to building height for townhomes in the Office District from 30 feet to 37.5 feet (to midpoint of roof) and to permit buildings within the visibility triangles, as a Comprehensive Infill Redevelopment Project, under the provisions of Sections 2-704.17 and 2-1004.13, and a reduction to the landscape buffer along the west property line along South Ft. Harrison Avenue from 15 feet to 10 feet (to building), a reduction to the landscape buffer along the south property line along Magnolia Drive from 10 feet to 8.18 feet (to building), a reduction to the landscape buffer along the north property line in the Commercial District from five feet to zero feet (to pavement), a reduction to the landscape buffer along the north property line in the Office District from 10 feet to 8.02 feet (to building), a reduction to the landscape buffer along the south property line in the Commercial and Office Districts from five feet to zero feet (to pavement), a reduction to the landscape buffer along the west property line in the Office District from 10 feet to one foot (to pavement) and reductions to the landscape buffer along the east property line in the Office District from 10 feet to 7.3 feet (to building), from 10 feet to 5.4 feet (to pavement) and from 10 feet to 4.2 feet (to sidewalk), as a Comprehensive Landscape Program, under the provisions of Section 3-1202.G; and (2) Preliminary Plat approval for a 10-lot subdivision. (Proposed Use: Mixed Use of offices (5,250 square feet) and nine attached dwellings.) at 907 S Ft. Harrison Ave, Magnolia Park, Blk 33, Lots 4, & 7-8, and part of lots 5 & 6, and Sec 16-29- 15, M&B 44.01. Assigned Planner: Wayne M. Wells, AICP, Planner III. FLD2005- 07074/PLT2005-00027 Interested parties may appear and be heard at the hearing or file written notice of approval or objection with the Planning Director or City Clerk prior to the hearing. Any person who decides to appeal any decision made by the Board or Council, with respect to any matter considered at such hearings, will need to request a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based per Florida Statute 286.0105. Community Development Code Sec 4-206 states that party status shall be granted by the Board in quasi-judicial cases if the person requesting such status demonstrates that s/he is substantially affected. Party status entitles parties to personally testify, present evidence, argument and witnesses, cross-examine witnesses, appeal the decision and speak on reconsideration requests, and needs to be requested and obtained during the case discussion before the CDB. An oath will be administered swearing in all persons giving testimony in quasi-judicial public hearing cases. If you wish to speak at the meeting, please wait to be recognized, then state and spell your name and provide your address. Persons without party status speaking before the CDB shall be limited to three minutes unless an individual is representing a group in which case the Chairperson may authorize a reasonable amount of time up to 10 minutes. Five days prior to the meeting, staff reports and recommendations on the above requests will be available for review by interested parties between the hours of 8:30 a.m. and 4:30 p.m., weekdays, at the City of Clearwater, Planning Department, 100 S. Myrtle Ave., Clearwater, FL 33756. Please contact the case presenter, at 562-4567 to discuss any questions or concerns about the project and/or to better understand the proposal and review the site plan. Michael Delk Planning Director Cynthia E. Goudeau, CMC City Clerk City of Clearwater P.O. Box 4748, Clearwater, FL 33758-4748 NOTE: Applicant or representative must be present at the hearing. A COPY OF THIS AD IN LARGE PRINT IS AVAILABLE IN OFFICIAL RECORDS AND LEGISLATIVE SERVICES. ANY PERSON WITH A DISABILITY REQUIRING REASONABLE ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS MEETING SHOULD CALL (727) 562-4093 WITH THEIR REQUEST. Ad: 12/04/05 O$'lo 9f ?? 9 / FLD2 O09094 =42 ALLEMANN, BEVERLY B ANDREWS DAYTON T THE ALLEMANN, FRANK V 1044 MANDALAY AVE CLEARWATER FL 33767 - 1040 1 ATHANASIOU, GEORGE ATHANASIOU, ROSE 1018 BAY ESPLANADE DR CLEARWATER FL 33767 - 1009 BROWN, HERBERT G BROWN, DIANE F 17757 US HIGHWAY 19 N # 325 CLEARWATER FL 33764 - 3503 BURCHENAL, MARTHA L 2832 HARVEY RD MASON OH 45040 - 9645 CARLOUEL YACHT CORP 1091 ELDORADO AVE CLEARWATER FL 33767 - 1007 DEXTER PROPERTIES 612 DRUID RD E CLEARWATER FL 33756 - 3912 FISHER, ROBIN L SARRANTONIO, PHILIP 47 FIELDSTONE RUN FARMINGTON CT 06032 - 2741 HEYE, HANS F 611 DRUID RD # 200 CLEARWATER FL 33756 - 3946 ANDREWS, BETTY JO THE 440 COUNTRY CLUB RD BELLEAIR FL 33756 - 1005 BENECCHI, ROY J BENECCHI, GAIE A 5937 VICE LN BURLINGTON KY 41005 - 8516 BUCK, ROBERT L JR BUCK, RIKKI C 210 PALM ISLAND SW CLEARWATER FL 33767 - 1940 CARLOUEL CO P O BOX 1669 CLEARWATER FL 33757 - 1669 Clearwater Beach Association Jay Keyes 100 Devon Drive Clearwater, FL 33767 DUSHAS, EVANGELIA 1090 EL DORADO AVE CLEARWATER FL 33767 - GOLDMAN, DAVID S GOLDMAN, LENORE D 851 INDIAN ROCKS RD CLEARWATER FL 33756 - 1084 J S T CLEARWATER PO BOX 12444 ATLANTA GA 30355 - 2444 w? SARNOLD, LEEIE JR v ARNOLD, DEBORAH B 1049 BAY ESPLANADE CLEARWATER FL 33767 - 1029 BEYER, PATRICK BEYER,KATHY 1100 MANDALAY POINT RD CLEARWATER FL 33767 - 1042 BURCHENAL, ANN K THE 1058 ELDORADO AVE CLEARWATER FL 33767 - 1023 CARLOUEL GARDEN IMP ASSN INC PO BOX 3442 CLEARWATER FL 33767 - 8442 Clearwater Neighborhoods Coalition Doug Williams, President 2544 Frisco Drive Clearwater, FL 33761 FIFTH THIRD BANK THE 38 FOUNTAIN SQ PLZ CINCINNATI OH 45263 - 0001 HAMPSEY, JAMES P HAMPSEY, KRISTINE M 1031 BAY ESPLANADE CLEARWATER FL 33767 - 1006 JONES, BETH B ATTN: TRUST DEPT MD1 COM45- 3228 38 FOUNTAIN SQ PLZ CINCINNATI OH 45202 - 3102 LATIMER, JACQUELINE S LEA, CLARK PERSONAL RESIDENCE LEONARD, RUTH T THE PO BOX 3696 LEA, MOLLY PERSONAL RESIDENCE LEONARD, JAMES B THE CLEARWATER FL 33767 - 8696 5 AMBLESIDE DR 251 PINE RD BELLEAIR FL 33756 - 1909 CLEARWATER FL 33756 - 1016 MARIANI, BARBARA C MARIANI, TIMOTHY K THE MILBY, JAMES D 1076 ELDORADO AVE 1550 S HIGHLAND AVE MILBY, KATHLEEN C CLEARWATER FL 33767 - 1023 CLEARWATER FL 33756 - 2353 1021 BAY ESPLANADE CLEARWATER FL 33767 - 1006 POOLE, WILLIAM E III 0 POOLE, BONNIE K 1055 BAY ESPLANADE CLEARWATER FL 33767 - 1029 Robert M. Thompson Jr. IN 230 South Myrtle Avenue Suite 301 Clearwater, FL 33756 REED, ELIZABETH T 1104 MAN DALAY PT CLEARWATER FL 33767 - 1042 ROWAN, CAREY T ROWAN, PAMELA B 1035 BAY ESPLANADE CLEARWATER FL 33767 - 1006 0 .-^ RICH, LYNNE H 27549 ASHBY DR EASTON MD 21601 - 5703 SPENCER, SALLY A 4 BAYBROOK PL CLEARWATER FL 33756 - 1402 THAYER, STELLA F VASILOUDES, PANAYIOTIS WOODRUFF, CHRISTIAN H RANKIN, THOMPSON L PEEK, DANIEL C WOODRUFF, CHRISTINE 101 E KENNEDY BLVD #3460 5210 WEBB RD 1078 ELDORADO AVE TAMPA FL 33602 - 5151 TAMPA FL 33615 - 4518 CLEARWATER FL 33767 - 1023 • - tFLID2Qft09102 = 58 ANASTASOPOULOS, ANASTASIOS BAKER, GARY H ANASTASOPOULOS, MARIA BAKER, KAREN L 246 BAYSIDE DR 178 BAYSIDE DR CLEARWATER FL 33767 - 2503 CLEARWATER FL 33767 - 2501 BRIGHTWATER ON THE BAY INC 175 BRIGHTWATER DR CLEARWATER FL 33767 - 2411 BRIGHTWATER POINT 701 SPOTTIS WOOD LN CLEARWATER FL 33756 - 5267 BRINSON, VENIE W 210 BRIGHTWATER DR CLEARWATER FL 33767 - 2426 CAGLE, JOHN D CAGLE, JEANNINE D 174 BAYSIDE DR CLEARWATER FL 33767 - 2501 Clearwater Neighborhoods Coalition Doug Williams, President 2544 Frisco Drive Clearwater, FL 33761 DECADE PROPERTIES INC 719 W 24130 RIVERWOOD DR WAUKESHA WI 53118 - FALLER, LISA M 228 BAYSIDE DR CLEARWATER FL 33767 - 2503 GULATI, DUSITYANT K 186 BAYSIDE DR CLEARWATER FL 33767 - 2501 HORTZ, ERICH W 162 BAYSIDE DR CLEARWATER BEACH FL 33767 - 2501 BURKE, STEPHEN BURKE, KATHLEEN 206 BAYSIDE DR CLEARWATER FL 33767 - 2503 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 DONOVAN, T PATRICK DONOVAN,ACROLYN 200 BAYSIDE DR CLEARWATER FL 33767 - 2503 FLINT IMP FUND THE 184 BRIGHTWATER DR CLEARWATER FL 33767 - 2410 HARMONY WATERS LLC 2247 OVERBROOK AVE BELLEAIR BLUFFS FL 33770 - 2077 BALLA, SHEMZI BALLA, SABRIJE 215 BAYSIDE DR CLEARWATER FL 33767 - 2504 BRIGHTWATER TOWNHOMES HOMEOWNE 200-208 BRIGHTWATER DR CLEARWATER FL 33767 - 2452 CADDICK, JACK W THE 70 CHERRY RD KINGSTON RI 02881 - 1702 Clearwater Beach Association Jay Keyes 100 Devon Drive Clearwater, FL 33767 DA MORE, TALIA L DA MORE, KARIN W 200 BRIGHTWATER DR # 7 CLEARWATER FL 33767 - 2452 DOUGLAS, MELODIE A THE 3001 WOODSONG LN CLEARWATER FL 33761 - 2024 FLAMINGO BAY CLEARWATER LLC 200 BRIGHTWATER DR # 2 CLEARWATER FL 33767 - 2452 HLEPAS, PETER HLEPAS, TOULA 8044 ST STEPHENS GREEN OAKBROOK IL 60523 - Housh Ghovaee, Northside Engineering JANAKAS, TED Services, Inc. 757 N NORTHWEST HWY 601 Cleveland Street, Suite 930 PARK RIDGE IL 60068 - 2541 Clearwater, FL 33755 JOHNSON, EDWARD W JONES, C GRETCHEN KATSOURAKIS, ETHEL 232 BAYSIDE DR 181 BAYSIDE DR KATSOURAKIS, ANTHONY N CLEARWATER FL 33767 - 2503 CLEARWATER FL 33767 - 2502 287 PARK DR CAMPBELL OH 44405 - 1259 LABELLA VISTA OF CLEARWATER L 0 LAFFERTY, ROBERT W 10 LAM, DAVID # 2 MC CLURE, MADGE M LAM, KRISTEN M 200 200 BRIGHTWATER DR # 1 216 BAYSIDE DR CLEARWATER BRIGHTWATTFL 33767 ER R DR DR - 2452 CLEARWATER FL 33767 - 2452 CLEARWATER FL 33767 - 2503 LANGIEWICZ, JANUSZ THE LAWSON, JOHN R LEDING, WILLIAM J LANGIEWICZ, JANINA THE 200 BRIGHTWATER DR # 8 LEDING, BARBARA A 31 STONERIDGE DR CLEARWATER FL 33767 - 2452 PO BOX 3881 BARRINGTON IL 60010 - 9593 CLEARWATER FL 33767 - 8881 LENART, DIANE THE LENEART, RENEE THE MERCURIS, CHERYL R 8542 1/2 LAWRENCE 8556 W WINNEMAC AVE 1746 SANTA BARBARA DR CHICAGO IL 60706 - 2956 CHICAGO IL 60656 - 2925 DUNEDIN FL 34698 - 3329 MILLER, LAURENCE J NATHAN, DAVID H NATHAN, DAVID H MILLER, BARBARA S NATHAN, JOAN NATHAN, R JOAN 200 BRIGHTWATER DR # 4 1016 PONCE DE LEON BLVD STE 7 175 BAYSIDE DR CLEARWATER FL 33767 - 2452 CLEARWATER FL 33756 - 1069 CLEARWATER FL 33767 - 2502 PLOCH, MARK C QUALLICH, JASON G REID, YOLANDA F 222 BAYSIDE DR QUALLICH, MONOLOM P 223 BAYSIDE DR CLEARWATER FL 33767 - 2503 182 BAYSIDE DR CLEARWATER FL 33767 - 2504 CLEARWATER FL 33767 - 2501 ROGERS, ROLAND J SCHOOLEY, DALE L SHERMAN, RICHARD 200 BRIGHTWATER DR # 2 SCHOOLEY, SHERYL A SHERMAN, JUDY CLEARWATER FL 33767 - 2452 200 BRIGHTWATER DR # 10 PO BOX 2424 CLEARWATER FL 33767 - 2452 HEATH OH 43056 - 0424 SMITH, KEVIN TIMCO PRODUCTS INC TWIN PALMS CLEARWATER LLC SMITH, CHRISTINE PO BOX 804 200 BRIGHTWATER DR # 2 170 BAYSIDE DR MARYSVILLE OH 43040 - 0804 CLEARWATER FL 33767 - 2452 CLEARWATER FL 33767 - 2501 TZEKAS, IMER UNGER, ANNE E VILLA DEL SOL OF CLEARWATER BE TZEKAS, BETIJE BILLING, DAVID R 163 BAYSIDE DR 231 BAYSIDE DR 227 BAYSIDE DR CLEARWATER FL 33767 - 2502 CLEARWATER FL 33767 - 2504 CLEARWATER FL 33767 - 2504 VILLA DEL SOL OF CLEARWATER BE HOMEOWNERS ASSN INC 163 BAYSIDE DR CLEARWATER FL 33767 - 2502 FLD20MV9094 = 42 ALLEMANN, BEVERLY B ANDREWS, DAYTON T THE ALLEMANN, FRANK V ANDREWS, BETTY JO THE 1044 MANDALAY AVE 440 COUNTRY CLUB RD CLEARWATER FL 33767 - 1040 BELLEAIR FL 33756 - 1005 ATHANASIOU, GEORGE ATHANASIOU, ROSE 1018 BAY ESPLANADE DR CLEARWATER FL 33767 - 1009 BENECCHI, ROY J BENECCHI, GAIE A 5937 VICE LN BURLINGTON KY 41005 - 8516 BROWN, HERBERT G BROWN, DIANE F 17757 US HIGHWAY 19 N # 325 CLEARWATER FL 33764 - 3503 BURCHENAL, MARTHA L 2832 HARVEY RD MASON OH 45040 - 9645 CARLOUEL YACHT CORP 1091 ELDORADO AVE CLEARWATER FL 33767 - 1007 DEXTER PROPERTIES 612 DRUID RD E CLEARWATER FL 33756 - 3912 FISHER, ROBIN L SARRANTONIO, PHILIP 47 FIELDSTONE RUN FARMINGTON CT 06032 - 2741 HEYE, HANS F 611 DRUID RD # 200 CLEARWATER FL 33756 - 3946 BUCK, ROBERT L JR BUCK, RIKKI C 210 PALM ISLAND SW CLEARWATER FL 33767 - 1940 CARLOUEL CO P O BOX 1669 CLEARWATER FL 33757 - 1669 Clearwater Beach Association Jay Keyes 100 Devon Drive Clearwater, FL 33767 DUSHAS, EVANGELIA 1090 EL DORADO AVE CLEARWATER FL 33767 - GOLDMAN, DAVID S GOLDMAN, LENORE D 851 INDIAN ROCKS RD CLEARWATER FL 33756 - IARNOLD, LEE E JR ARNOLD, DEBORAH B 1049 BAY ESPLANADE CLEARWATER FL 33767 - 1029 BEYER, PATRICK BEYER,KATHY 1100 MANDALAY POINT RD CLEARWATER FL 33767 - 1042 BURCHENAL, ANN K THE 1058 ELDORADO AVE CLEARWATER FL 33767 - 1023 CARLOUEL GARDEN IMP ASSN INC PO BOX 3442 CLEARWATER FL 33767 - 8442 Clearwater Neighborhoods Coalition Doug Williams, President 2544 Frisco Drive Clearwater, FL 33761 FIFTH THIRD BANK THE 38 FOUNTAIN SQ PLZ CINCINNATI OH 45263 - 0001 HAMPSEY, JAMES P HAMPSEY, KRISTINE M 1031 BAY ESPLANADE 1084 CLEARWATER FL 33767 - 1006 J S T CLEARWATER PO BOX 12444 ATLANTA GA 30355 - 2444 JONES, BETH B ATTN: TRUST DEPT MD1 COM45- 3228 38 FOUNTAIN SQ PLZ CINCINNATI OH 45202 - 3102 LATIMER, JACQUELINE S LEA, CLARK PERSONAL RESIDENCE LEONARD, RUTH T THE PO BOX 3696 LEA, MOLLY PERSONAL RESIDENCE LEONARD, JAMES B THE CLEARWATER FL 33767 - 8696 5 AMBLESIDE DR 251 PINE RD BELLEAIR FL 33756 - 1909 CLEARWATER FL 33756 - 1016 MARIANI, BARBARA C MARIANI, TIMOTHY K THE MILBY, JAMES D 1076 ELDORADO AVE 1550 S HIGHLAND AVE MILBY, KATHLEEN C CLEARWATER FL 33767 - 1023 CLEARWATER FL 33756 - 2353 1021 BAY ESPLANADE CLEARWATER FL 33767 - 1006 POOLE, WILLIAM E III • 4 REED, ELIZABETH T RICH, LYNNE H POOLE, BONNIE K 1104 MANDALAY PT 27549 ASHBY DR 1055 CLEBAYARWATER FL ESPLANADE 33767 - 1029 CLEARWATER FL 33767 - 1042 EASTON MD 21601 - 5703 LE Robert M. Thompson Jr. 1230 South Myrtle Avenue Suite 301 Clearwater, FL 33756 ROWAN, CAREY T ROWAN, PAMELA B 1035 BAY ESPLANADE CLEARWATER FL 33767 - 1006 SPENCER, SALLY A 4 BAYBROOK PL CLEARWATER FL 33756 - 1402 THAYER, STELLA F VASILOUDES, PANAYIOTIS WOODRUFF, CHRISTIAN H RANKIN, THOMPSON L PEEK, DANIEL C WOODRUFF, CHRISTINE 101 E KENNEDY BLVD #3460 5210 WEBB RD 1078 ELDORADO AVE TAMPA FL 33602 - 5151 TAMPA FL 33615 - 4518 CLEARWATER FL 33767 - 1023 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, March 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, neighboring property owners, etc. will be placed on a consent agenda and approved by a single vote at the beginning of the meeting. (Cont'd from 01-17-06) Carlouel Yacht Corp is requesting Flexible Development approval for the expansion of an existing commercial dock by adding 3 floating docks (2 10' x 70' and 1 10' x 76' floating dock additions) to the existing 10' x 250' floating dock for transient vessel mooring, with a reduction in side (north) setback from 226.13 ft to 76 ft, under the provisions of Sec 3-601. (Proposed Use: Expansion of an existing commercial dock) at 1091 Eldorado Ave Mandalay Replat Blk 171, Lots 6-11 & part of Lots 4 & 5. Assigned Planner: cWayno_1Vf,- Wells-;- M$, Planner III. FDD2005=0909°4 Interested parties may appear and be heard at the hearing. or file written notice of approval or objection with the Planning Director or City Clerk prior to the hearing. Any person who decides to appeal any decision made by the Board or Council, with respect to any matter considered at such hearings, will need to request a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based per Florida Statute 286.0105. Community Development Code Sec 4-206 states that party status shall be granted by the Board in quasi-judicial cases if the person requesting such status demonstrates that s/he is substantially affected. Party status entitles parties to personally testify, present evidence, argument and witnesses, cross-examine witnesses, appeal the decision and speak on reconsideration requests, and needs to be requested and obtained during the case discussion before the CDB. An oath will be administered swearing in all persons giving testimony in quasi-judicial public hearing cases. If you wish to speak at the meeting, please wait to be recognized, then state and spell your name and provide your address. Persons without party status speaking before the CDB shall be limited to three minutes unless an individual is representing a group in which case the Chairperson may authorize a reasonable amount of time up to 10 minutes. Five days prior to the meeting, staff reports and recommendations on the above requests will be available for review by interested parties between the hours of 8:30 a.m. and 4:30 p.m., weekdays, at the City of Clearwater, Planning Department, 100 S. Myrtle Ave., Clearwater, FL 33756. Please contact the case presenter, at 562-4567 to discuss any questions or concerns about the project and/or to better understand the proposal and review the site plan. Michael Delk Planning Director Cynthia E. Goudeau, CMC City Clerk City of Clearwater P.O. Box 4748, Clearwater, FL 33758-4748 0 0 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 REQUIRING REASONABLE ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS MEETING SHOULD CALL (727) 562-4093 WITH THEIR REQUEST. Ad: 03/06/06 FLD2005-694, 42 ALLEMANN, BEVERLY B ANDREWS, DAYTON T THE ALLEMANN, FRANK V ANDREWS, BETTY JO THE 1044 MANDALAY AVE 440 COUNTRY CLUB RD CLEARWATER FL 33767 - 1040 BELLEAIR FL 33756 - 1005 ATHANASIOU, GEORGE BENECCHI, ROY J ATHANASIOU, ROSE BENECCHI, GAIE A 1018 BAY ESPLANADE DR 5937 VICE LN CLEARWATER FL 33767 - 1009 BURLINGTON KY 41005 - 8516 ,Val *ARNOLD, LEE E JF ARNOLD, DEBORAH B 1049 BAY ESPLANADE CLEARWATER FL 33767 - 1029 BEYER, PATRICK BEYER,KATHY 1100 MANDALAY POINT RD CLEARWATER FL 33767 - 1042 BROWN, HERBERT G BUCK, ROBERT L JR BURCHENAL, ANN K THE BROWN, DIANE F BUCK, RIKKI C 1058 ELDORADO AVE 17757 US HIGHWAY 19 N # 325 210 PALM ISLAND SW CLEARWATER FL 33767 - 1023 CLEARWATER FL 33764 - 3503 CLEARWATER FL 33767 - 1940 BURCHENAL, MARTHA L CARLOUEL CO CARLOUEL GARDEN IMP ASSN INC 2832 HARVEY RD P O BOX 1669 PO BOX 3442 MASON OH 45040 - 9645 CLEARWATER FL 33757 - 1669 CLEARWATER FL 33767 - 8442 CARLOUEL YACHT CORP DEXTER PROPERTIES DUSHAS, EVANGELIA 1091 ELDORADO AVE 612 DRUID RD E 1090 EL DORADO AVE CLEARWATER FL 33767 - 1007 CLEARWATER FL 33756 - 3912 CLEARWATER FL 33767 - FIFTH THIRD BANK THE FISHER, ROBIN L GOLDMAN, DAVID S 38 FOUNTAIN SQ PLZ SARRANTONIO, PHILIP GOLDMAN, LENORE D CINCINNATI OH 45263 - 0001 47 FIELDSTONE RUN 851 INDIAN ROCKS RD FARMINGTON CT 06032 - 2741 CLEARWATER FL 33756 - 1084 HAMPSEY, JAMES P HEYE, HANS F J S T CLEARWATER HAMPSEY, KRISTINE M 611 DRUID RD # 200 PO BOX 12444 1031 BAY ESPLANADE CLEARWATER FL 33756 - 3946 ATLANTA GA 30355 - 2444 CLEARWATER FL 33767 - 1006 JONES, BETH B LEA, CLARK PERSONAL RESIDENCE ATTN: TRUST DEPT MD1COM45- LATIMER, JACQUELINE S PO BOX 3696 LEA, MOLLY PERSONAL RESIDENCE 3228 CLEARWATER FL 33767 - 8696 5 AMBLESIDE DR 38 FOUNTAIN SQ PLZ BELLEAIR FL 33756 - 1909 CINCINNATI OH 45202 - 3102 LEONARD, RUTH T THE MARIAN 1, BARBARA C MARIANI, TIMOTHY K THE LEONARD, JAMES B THE 1076 ELDORADO AVE 1550 S HIGHLAND AVE 251 PINE RD CLEARWATER FL 33767 - 1023 CLEARWATER FL 33756 - 2353 CLEARWATER FL 33756 - 1016 MILBY, JAMES D POOLE, WILLIAM E III REED, ELIZABETH T MILBY, KATHLEEN C POOLE, BONNIE K 1104 MANDALAY PT 1021 BAY ESPLANADE 1055 BAY ESPLANADE CLEARWATER FL 33767 - 1042 CLEARWATER FL 33767 - 1006 CLEARWATER FL 33767 - 1029 f y, RICH, LYNNE H 27549 ASHBY DR EASTON MD 21601 - 5703 SPENCER, SALLY A 4 BAYBROOK PL CLEARWATER FL 33756 - 1402 • Robert M Thompson, Jr 1230 S Myrtle Ave, Suite 301 Clearwater, FL 33756 THAYER, STELLA F RANKIN, THOMPSON L 101 E KENNEDY BLVD #3460 TAMPA FL 33602 - 5151 OROWAN, CAREY T` ROWAN, PAMELA B 1035 BAY ESPLANADE CLEARWATER FL 33767 - 1006 VASILOUDES, PANAYIOTIS PEEK, DANIEL C 5210 WEBB RD TAMPA FL 33615 - 4518 WOODRUFF, CHRISTIAN H WOODRUFF, CHRISTINE Clearwater Beach Association Clearwater Neighborhoods Coalition 1078 ELDORADO AVE Jay Keyes Sondra Kerr, President CLEARWATER FL 33767 - 1023 100 Devon Drive P.O. Box 8204 Clearwater, FL 33767 Clearwater, FL 33758 0 ell 16 020 o <- Wayne M. Wells City of Clearwater 100 South Myrtle Avenue Clearwater, Florida 33756 Re: Carlouel Yacht Corporation Application No. FLD 2005-09 094 / 1091 Eldorado Avenue, Clearwater Beach, Florida Dear Mr. Wells: 7- l am the owner of the property located at //0.4/ 6m-??'y Clearwater Beach, Florida. I am familiar with the application referenced above. Please place this letter in support of the application of Carlouel Yacht Corporation for its application with respect to its flexible development plan. I am familiar with the revised application and I find the plan to be reasonable. Sincerely, 9 E I= k f? uhlyk m. m aoas 1F.D, PLANNING & DEVELOPMENT SERVICES CITY OF CLEARWATER 'k - a?,;Tt J':? U A-, 11D el eV,& MeGq X 7107 d -?Qe,yef' i?6 Fr-AA . WE --7 Mar-15-06 01:46pm From-RICHARD *EY ATTYS 72T=446-3741* T-706 P.02/02 F-391 Wayne M. Wells City of Clearwater 100 South Myrtle Avenue Clearwater, Florida 33756 Re: Carlouel Yacht Corporation Application No. FLD 2005-09? 094 / 1091 Eldorado Avenue, Clearwater Beach, Florida Dear Mr. Wells: I am the owner of the property located at Clearwater Beach, Florida. I am familiar with the application referenced above. Please place this letter in support of the application of Carlouel Yacht Corporation for its application with respect to its flexible development plan. I am familiar witli the revised application and I find the plan to be reasonable. Sincerely, D 20 2006 PLANNING & DEVELOPMENT SERVICES C"Y QP CLEARWATER lao',-. J d?L rXAA Florida 337 CjVWWUhfar w wam M. wmib • r Wayne M. Wells City of Clearwater 100 South Myrtle Avenue Clearwater, Florida 33756 Re: Carlouel Yacht Corporation Application No. FLD 2005-09 094 / 1091 Eldorado Avenue, Clearwater Beach, Florida Dear Mr. Wells: I am the owner of the property located at I O !jO E L -Oo e'- A-D b A. U e)y V, Clearwater Beach, Florida. I am familiar with the application referenced above. Please place this letter in support of the application of Carlouel Yacht Corporation for its application with respect to its flexible development plan. I am familiar with the revised application and I find the plan to be reasonable. Sincerely, e'!tO kn AS eS /^? /06 D 70 'CG. Dy L A-1» zq?f2e"VUp A?: lg2 x,e , Florida 3 6 TIMOTHY K. MARIANI Attorney at Law JORDAN HILLS PROFESSIONAL CENTRE 1550 South Highland Avenue - Suite B Clearwater, Florida 33756 Timothy K. Mariani* *Board Certified Wills, Trusts & Estates Mr. Wayne M. Wells City of Clearwater 100 South Myrtle Avenue Clearwater, FL 33756 March 14, 2006 Telephone (727) 441-4727 Facsimile (727) 443-4959 E-Mail Address TIM@ABMLAW.COM Re: Carlouel Yacht Club Application No. FLD 2005-09 094/1091 Eldorado Avenue, Clearwater Beach, Florida Dear Mr. Wells: I am legal counsel and co-attorney-in-fact under a power of attorney for Barbara C. Mariani the owner of the property located at 1076 Eldorado Avenue, Clearwater Beach, Florida. I am familiar with the application referenced above. Please place this letter in support of the application of Carlouel Yacht Club for the application with respect to its flexible development plan. I am familiar with the revised application and I find the plan to be reasonable. Sincerely, Timothy K. Mariani As Co-Attorney-in-Fact I, Barbara Mariani Schmitz, as co-attorney-in-fact for Barbara C. Mariani, hereby join in this letter and consent to approval of the plan and application submitted by Carlouel Yacht Club. Barbara Mariani Schmitz As Co-Attorney-in-Fact DURABLE POWER OF ATTORNEY ALFORD, BARBER k MARIANI ATTORNEYS AT LAW 1550 SOUTH HIGHLAND AVENUE CLEARWATER, FLORIDA 33756 (727) 441-4727 KNOW ALL MEN BY THESE PRESENTS: That, I, BARBARA C. MARIAN!, residing in Pinellas County, Florida, have made, constituted and appointed and by these presents do make, constitute and appoint my children, TIMOTHY K. MARIANI and BARBARA MARIANI SCHMITZ, my true and lawful ATTORNEY IN FACT, to act in my name and in my place and stead to do the following: BANKING: To open and close checking and savings accounts, including the purchase, redemption and collection of interest in savings certificates and certificates of deposit, and make deposits, withdrawals and hypothecations in all accounts. SECURITIES: To ope., a:id close stock L-r0kcrage accounts and deal in them Mcludir_0 purchase, sale and hypothecations of securities in or through them; to open and close mutual fiend plan accounts and deal in them including time or other purchase plans, sale and hypothecation; the authority to execute stock powers or similar documents on my behalf and delegate to a transfer agent or similar person the authority to register any stocks, bonds or other securities either into or out of my name or a nominee's name. REAL PROPERTY: To grant, bargain, sell, convey, rent, lease for any term, or exchange any real estate or interests in real estate, including but not limited to my homestead real property, for such price and upon such terms and conditions as my attorney in fact shall deem proper, with or without the taking back of a purchase money mortgage, and to collect and receive the proceeds from any such sale. In furtherance of the foregoing, my attorney in fact shall have the power, to enter into any contract or contracts for the sale or lease of the premises, or any part thereof, with such persons and on such terms as my attorney in fact shall in my attorney in fact's discretion elect and to execute, acknowledge, and deliver in my name such deeds or conveyances, with such covenants or conditions as my attorney in fact may deem proper, and such other documents that may be required for the transfer of the property or any part thereof or of any interest therein. This power shall include all real property owned by me now and shall also include such other property as may in the future constitute my homestead. INVESTMENTS: To invest in all types of real and personal property, including purchase, sale and hypothecation, individually, or with others. PERSONAL PROPERTY: To enter into agreements for the sale of any and all tangible and intangible personal property which I may own or have any interest in and to make, execute, acknowledge and deliver a bill of sale and all other documents required in order to effectuate a full and complete transfer of title to the personal property sold. This power shall include the sale of any motor vehicles which I may own or in which I have any interest, and the execution and delivery of the documents issued by the State and evidence of the ownership of such motor vehicles. 1 BOOK PAGE(S) 0006'71 9 0 POWER TO BORROW: To borrow monies for the preservation of my property, both real and personal, and for my care and maintenance, and in conjunction with such borrowing to mortgage any real property, including homestead real property, or pledge any personal property which I may own as security for the monies borrowed. TRANSFERS TO TRUST: To transfer assets to the then acting Trustee of any Revocable Trust executed by me as Grantor as the same may be amended, to be held and administered as provided therein. GIFTS-RESTRICTED: To continue to complete any gifts or gift program of mine with any of my real estate or personal property, to my spouse, any of my chi ldren, their spouses, or their descendants, or to any charitable organization. GIFT-RESTRICTED AMOUNT. To hake any sucl; gifts as my agent may deern proper either outright, in trust, and in custodianship, (including gifts to my agent) and including charitable gifts and charitable pledges, all in the sole discretion of my agent; provided, however, that-no gifts to a single donee in any one calendar year shall exceed the sum of Ten Thousand Dollars ($10,000.00). MISCELLANEOUS: To receive and process social security benefits, medicare and other insurance benefits; to sell and encumber my residence and furnishings and equipment therein; to sign and file income and intangible and other tax returns. GENERAL POWERS: In addition to all of the foregoing powers, I do hereby further give and grant unto my said Attorney the full and general power and authority, without limitation, to do and perform all acts and take all such proceedings as may be required to completely manage my personal and business affairs and govern my property. DURABLE: This durable power of attorney shall not be affected by the subsequent incapacity of the principal except as provided in by Section 709.08 Florida Statutes. This durable power of attorney shall be nondelegable and shall be valid until such time as I shall die, revoke the power, or be adjudged incapacitated. The powers conferred upon my attorney-in-fact extend to all of my right, title, and interest ALFORD,BARBER & MARIANI ATTORNEYS AT LAW 1550 SOUTH HIGHLAND AVENUE GLEARWATER, RLOWDA 33756 1727) 441.4727 in property in which I may have an interest jointly with another person, whether in an estate by the entirety, joint tenancy, or tenancy in common. THIRD PARTY RELIANCE: Any third party may rely upon the authority granted in this durable power of attorney until the third party has received notice of revocation, partial or complete termination of the durable power of attorney by adjudication of incapacity carved out by a court of law, or my death. 0000"12 r 0 0 NOTICE OF REVOCATION OR TERMINATION: Any act which is done under this power between the revocation of this instrument and notice of that revocation to my attorney-m- fact shall be valid unless the person claiming the benefit of the act had notice of that revocation. No notice, including, but not limited to, notice of revocation, partial or complete termination, suspensions or otherwise will be effective until written notice is served upon the attorney-in-fact and any third party relying upon this durable power of attorney. NOTICE OF SERVICE: Notice shall be in writing and served on the person to be bound by such notice. Service may be in any form of mail that requires a signed receipt or by personal delivery as provided for service of process. In the case of a financial institution as defined in Florida Statutes Chapter 655, notice must be served during regular business hours upon an officer or manager of the financial institution at the financial institution's principal place of business in this state and the office where the power of attorney was presented, handled or administered. DAMAGES AND COSTS: In any judicial action to interpret this instrument or enforce the actions and decisions of my attorney-in-fact, including but not limited to, the unreasonable refusal of a third party to allow an attorney-in-fact to act pursuant to this power, and challenges to the proper exercise of authority by the attorney-in-fact, the prevailing party shall be entitled to damages and costs, including reasonable attomey's fees. . IN WITNESS WHEREOF, I have hereunto set my hand and seal this r-60ay of u-? , 1999. Sealed and Delivered in Presence of- BARBARA C. MARIANI ALFORD, BARBER & MARIAM ATTORNEYS AT LAW 1550 SOUTH HIGHLAND AVENUE CLEARWATER, FLORIDA 33756 (.7271441-4727 ame: STATE OF FLORIDA COUNTY OF PINELLAS Sworn to and subscribed before me this Z 30'( day of 1.999, by BARBARA C. MARIANI, who is personally known to me or who has produced a Flor, a Driver's License as identification. tary Public, State of Florida ,AK My Commission expires: 6 73 ?M.:Gt'• LINDA R. CHAMBERLAIN MY COMMISSION N CC 515891 EXPIRES: December 5. 1999 `? R °' Bonded Tt- NOtarY Pub0c UndenNdters March 7, 2006 Wayne, • 'MAR 0 'r 2106 ?L"".;aav„s!a 5 OFVELO k,;ENT Here is the first list of residents in opposition to the expansion of docks at Carlouel Yacht Club. The petition is still being circulated and additional names will be presented later. If you have any questions, please contact Dr. Cary Rowan at (727) 443-0202 or on his mobile telephone (727) 452-5764. Ed Hart February 11, 2006 Mr. Wayne Wells City of Clearwater Planning Specialist Dear Mr. Wells: • • MAR 0 7 2006 PLAtdNINGR ()EVEL1/1"tvc,4 P,Y C V. As neighbors of the Carlouel Yacht Club (CYC), located at 1091 Eldorado Avenue, Clearwater Beach, Florida, we oppose the club's plan to increase its docking facilities. Some of our objections are listed below: 1. Carlouel made no effort to communicate to the neighborhood any intentions of building additional dock facilities. The first knowledge the neighborhood had of the expansion was in December, 2005, when certain neighbors received a notice to owner as required by law from the City of Clearwater announcing the scheduled hearing before the Community Development Board (CDB). 2. There has been no vote of the membership to increase dock facilities. Most members of CYC are not even aware that an expansion is being considered. 3. There are major objections to the increase in dock facilities by the surrounding neighbors. This will have a negative effect on our neighborhood and property values. 4. The first plans submitted by the city encroached on the neighbor to the north to within 3.3 feet of the property line. This encroachment was unacceptable to the adjacent property owner. Letter of objection to the proposed plans have been submitted by adjacent neighbors, both north and south. 5. The unique character of this neighborhood is the integration of natural beauty within a peaceful residential environment. Carlouel Yacht Club is the exception to that rule, although many members of CYC are members because of the uniqueness of this environment. While most neighbors accept that we cannot decrease the commercial nature of Carlouel Yacht Club, there is little desire to increase the size or commercial use of the facility. CYC should strive to improve the quality of the experience for its members, not increase the size of this commercial facility. 6. There is misinformation within the documents submitted by CYC. An example of such misinformation is in the Flexible Development Application Written Submittal Requirements. It states that "the proposed structure will have no adverse impact or discourage the existing uses of the adjacent waterway, as the waterway width is 3000+ ft." What this fails to mention is that the majority of that width is not navigable, because of the shoaling, and this shoaling has increased in recent years. 7. The new plans make no effort to stay within the middle third of the property which is required by code. No hardship has been demonstrated to seek this variance. It makes no sense to ask for another variance to this code before exploring ways to stay within the guidelines of the code. 8. The neighborhood believes that there may be safety issues concerning floating docks, especially in rough water. Recent winter storms have demonstrated that this waterway is prone to significant changes with rough waves and high winds. Before expansion of these docks is considered, we believe that the city should study the safety issues surrounding floating docks in navigable waterways. 9. To suggest that this dock facility is consistent and compatible with neighboring docks is quite a stretch. This is a residential neighborhood. There are no other "commercial" docks within a mile of this site. Construction of additional commercial facilities in this residential neighborhood should be discouraged. 10. Most members of Carlouel Yacht Club are not even aware of what the board has started on their behalf. This latest plan has been put together in haste with no time to understand the long term effect of the plan on the neighborhood or the waterway, or whether the club will authorize the expenditure of the funds necessary to complete this project. The list of objections can be further outlined, but this should give sufficient info rmation for staff to review this application. There is considerable opposition to further expansion of CYC, which is the only commercial structure in an otherwise peaceful residential neighborhood. If you need additional information, please contact Dr. Cary Rowan at (727) 443- 0202. Sincerely, 0 0 The following neighborhood members have affirmed their objections to this dock expansion by affixing their names: Print Name Address Signature Uk\,Na O ?? boo C-1.boKAv!/ oA,,, r na..? ?c D 103 loop 8C?M-M60 f 0 l 0 ? c ba ?2rd-?D ? '? ;QkA ?V.13T- 1-667- 9400 OW ??l ? ?U 4 •? y? m c, s? E I!"U O)nrMe ?cul?l ?n¢?rceue s? ?t Vu,X.-?j- 1 / -qayKc • The following neighborhood members and friends have affirmed their objections to this dock expansion by affixing their names: Print Name Address Signature &ririnI=n q5& E I ado od o eve q? 5 A,J 6""o-1S s? Irr O GE ' rn E-? e. ? K..?-?1?.?, q8 ? j3?-k ?e flv-e . (1' ?? u,c,.?.,`o??o..?t?.:' -vv if X378 1' DJU._-p ftt-P . 01ANs Ayes A 19-06 ??yv &09 ocu, n Cam- ?- -- The following neighborhood members have affirmed their objections to this dock expansion by affixing their names: 1-1 / W6 z 9 0 MR. WAYNE WELLS PLANNER 111 OF THE CITY OF CLEARWATER 100 S. MYRTLE AVE. CLEARWATER, FLA. 33756 DEAR MR. WELLS, AS A NEIGHBOR ADJACENT TO THE CARLOUEL YACHT CLUB WE HAVE NOT RECEIVED OR APPROVED THE CLUB'S PLAN FOR MOVING THE EXISTING FLOATING DOCK OR ANY CHANGE TO THE PLAN THEY PROPOSE. SINCERELY, 1440'? ?' 1?? WILLIAM E. POOLE 111 BONNIE K. POOLE 1055 BAY ESPLANADE CLEARWATER, FLA. 33767 JANUARY 16, 2006 0 0 Mr. Wayne Wells Planning Department City of Clearwater 100 S. Myrtle Avenue Clearwater, FL 33756 RE: Carlouel Yacht Club Dock Expansion Dear Mr. Wells: I, Patrick Beyer, the neighbor adjacent to the Carlouel Yacht Club on the north side, hereby revoke and rescind my letter dated June 8, 2005, (a copy of which is enclosed) to Ms. Mistie T. Forehand of the Florida Department of Environmental Protection, Southwest District, Tampa, Florida. Dated: this 13th Day of January 2006 AwZ(& Patrick Beyer ?J/ 1100 Mandalay Point Road Clearwater Beach, FL 33767 • Wells, Wayne From: Thompson, Neil Sent: Friday, January 13, 2006 2:35 PM To: Wells, Wayne Subject: FLD2005-09094 Carlouel Yacht Club Wayne, took a call from Pat Buyer (TBE I think) representing that he is the north adjacent property owner to the club. He had previously agreed to the dock, but claims that the design now does not conform to the design he agreed to. He wants to rescind his letter(?). Is that letter a prerequisite and does that knock it off the agenda? He also claimed the other adjacent property will be rescinding. He claims they all need more time to hammer out the design issues. Neil 729 CITY OF CLEARWATER Sep 20/05 M09742 mber Reference Audit No Gross Amt v PO N I i N I D t Disct/RT Net Amt Is . nvo ce o n a e u 9202005 Sep 20/05 N/A PERMIT CD2895 1,205.00 ------------- 0.00 -------------- 1,205.00 --------------- 1,205.00 0.00 1,205.00 Distribution 01-16220-00 1,205.00 ORIGINAL CARLOUEL YACHT CLUB • 1091 ELDORADO AVENUE • CLEARWATER BEACH, FL 33767 R SEP 23 2005 H CHECK M 0 0 9 7