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FLD2005-05051
Clearwater Planning Department 100 South Myrtle Avenue Clearwater, Florida 33756 Telephone: 727-562-4567 Fax: 727-562-4865 O SUBMIT ORIGINAL SIGNED AND NOTARIZED APPLICATION • SUBMIT 14 COPIES OF THE ORIGINAL APPLICATION including 1) collated, 2) stapled and 3) folded sets of site plans O SUBMIT APPLICATION FEE $ CASE #: Q 00S - W w 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 O R I G I N A L Comprehensive Infill Project (Revised 12/30/2004) -PLEASE TYPE OR PRINT-- A. APPLICANT, PROPERTY OWNER/ AND AGENT INF/O1 RM TION: (Code Section 4-202.A) APPLICANT NAME L C/ l C? ?'?lf fr ? /T MAILING ADDRESS. 113 7 PHONE NUMBER:, -tycW L? I L? FAX NUMBER: PROPERTY OWNER(S): / Gt ?(,) ?)??C?.?l i/ ?cJ A / ` /0 _ (Must include ALL owners as listed on the deed - provide original signature(s) on page 6) AGENT NAME/ (J/44} L MAILING ADDRESS: PHONE NUMBER: , y CELL NUMBER:( ` -2 ,LLVw?, 65 _ FAX NUMBER: E-MAIL ADDRES?? B. PROPOSED DEVELOPMENT INFORMATION: (Code 1 ect)ion 4-202.A) 441 STREET ADDRESS of subject site: LEGAL DESCRIPTION: (if not listed ere, pl se not the location f this cb ument i he a bm'ital) -z, n fl[ff PARCEL NUMBER: L? G PARCEL SIZE: / 7SV -1- _ (acres, square feet) / PROPOSED USE(S) AND SIZE(S): JUL 0 8 2005 (number of dwelling units, hotel rooms or square footage of nonresidential use) PLANNING DEPARTNI DESCRIPTION OF REQUEST(S): Attach sheets and be specific when identifying the request (include all requested code deviations; e.g. reduction in required number of parking spaces, specific use, etc.) IT Page 1 of 7 - Flexible Development Comprehensive Infill Application 2005- City of Clearwater ORIGINAL DOES THIS APPLICATION INVOLVE THE TRANSFER OF DEVELOPMENT RIGHTS (TDR), A PREY USLY APPROVED PLANNED UNIT DEVELOPMENT, OR A PREVIOUSLY APPROVED (CERTIFIED) SITE PLAN? YES NO (if yes, attach a copy of the applicable documents) C. PROOF OF OWNERSHIP: (Code Section 4-202.A.5) a- 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) Zprovide 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. 2. The proposed development will not hinder or discourage the appropriate development and use of adjacent land and buildings or significantly impair the value thereof. -- 3. The proposed development will not adversely affect the health or safety or persons residing or working in the neighborhood of the proposed use. '4- YI 4. The proposed development is designed to minimize traffic congestion. 5. The proposed development is consistent with the community character of the immediate vicinity of the parcel proposed for development. 6. The design of the proposed development minimizes adverse effects, including visual, acoustic and olfactory and hours of operation impacts, on adjacent properties. i W_ Provide complete responses to the ten (10) COMPREHENSIVE INFILL REDEVELOPMENT PROJECT CRITERIA (as applicable) - Explain how each criteria is achieved in detail: 2iEr0V1,n The development or redevelopment of the parcel proposed for development is otherwise impractical without d EpEE and development standards. ?INC9 DEPARTM r Page 2 of 7 - Flexible Development Comprehensive Infill Application 2005- City of Clearwater 0 a ORIGINAL 2. The development of the parcel proposed for development as a comprehensive infill redevelopment project or residential infill project will not reduce the fair market value of abutting properties. (Include the existing value of the site and the proposed value of the site with the improvements.) 1 The uses within the comprehensive infill redevelopment project are otherwise permitted in the City of Clearwater. 4. The uses or mix of use within the comprehensive infill redevelopment project are compatible with adjacent land uses. 5. Suitable sites for development or redevelopment of the uses or mix of uses within the comprehensive infill redevelopment project are not otherwise available in the City of Clearwater. 6. The development of the parcel proposed for development as a comprehensive infill redevelopment project will upgrade the immediate vicinity of the parcel proposed for development. 7. The design of the proposed comprehensive infill redevelopment project creates a form and function that enhances the community character of the immediate vicinity of the parcel proposed for development and the City of Clearwater as a whole. 8. Flexibility in regard to lot width, required setbacks, height and off-street parking are justified by the benefits to community character and the immediate vicinity of the parcel proposed for development and the City of Clearwater as a whole. 9. Adequate off-street parking in the immediate vicinity according to the shared parking formula in Division 14 of Article 3 will be available to avoid on-street parking in the immediate vicinity of parcel proposed for development. 10. The design of all buildings complies with the Tourist District or Downtown District design guidelines in Division 5 of Article 3 (as applicable). Use separate sheets as necessary. KAt96 ING DEPARTMENT CITY OI: CLEARMER Page 3 of 7 - Flexible Development Comprehensive Infill Application 2005- City of Clearwater 0 '* ORIGINAL E. STORMWATER PLAN SUBMITTAL REQUIREMENTS: (City of Clearwater Storm Drainage Design C 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 t 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. B-- 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 Clt? 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 J (SWFWMD approval is required prior to issuance of City Building Permit), if applicable Acknowledgement of stormwater plan requirements (Applicant must initial one of the following): Stormwater plan as noted above is included Stormwater plan is not required and explanation narrative is attached. At a minimum, a grading plan and finished floor elevations shall provided. CAUTION - IF APPLICATION REVIEW RESULTS IN THE REQUIREMENT FOR A STORMWATER PLAN AND NONE HAS BEEN SUBMITTED, APPLICATION MUST BE RESUBMITTED AND SIGNIFICANT DELAY MAY OCCUR. If you have questions regarding these requirements, contact the City Public Works Administration Engineering Department at (727) 562-4750. F. UPPLEMENTAL SUBMITTAL REQUIREMENTS: (Code Section 4-202.A) S'- 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 existing 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; P.--'GRADING PLAN, as applicable; dNRELIMINARY PLAT, as required (Note: Building permits will not be issued until evidence of recording a final plat is provided); OF RECORDED PLAT, as applicable; G. SITE PLAN SUBMITTAL REQUIREMENTS: (Section 4-202.A) Cill SITE PLAN with the following information (not to exceed 24" x 36"): (DFCE?VEE) All dimensions; ?'??rl North arrow; Engineering bar scale (minimum scale one inch equals 50 feet), and date prepared; Location map; package; JUL 0 p c) 2005 Index sheet referencing individual sheets included in U Footprint and size of all EXISTING buildings and structures; Footprint and size of all PROPOSED buildings and structures; All required setbacks; PLANNING DEPARTMENT All existing and proposed points of access; CITY OF CLEARWATER _ 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 easements; Location of all street rights-of-way within and adjacent to the site; Page 4 of 7 - Flexible Development Comprehensive Infill Application 2005- City of Clearwater 0 ? ORIGINAL 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 #701); 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 structure heights; Impermeable surface ratio (I.S.R.); and Floor area ratio (F.A.R.) for all nonresidential uses. ?,REDUCED SITE PLAN to scale (8 V2 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 walls and earth berms; Lot lines and building lines (dimensioned); Streets and drives (dimensioned); - Building and structural setbacks (dimensioned); Structural overhangs; - Tree Inventory; prepared by a "certified arborist", of all trees 8" DBH or greater, reflecting size, canopy (drip lines) and condition of such trees. H. LANDSCAPING PLAN SUBMITTAL REQUIREMENTS: (Section 4-1102.A) 2 LANDSCAPE PLAN: _ All existing and proposed structures; Names of abutting streets; Drainage and retention areas including swales, side slopes and bottom elevations; _ Delineation and dimensions of all required perimeter landscape buffers; Sight visibility triangles; T 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. V{ - 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. JUL 4 8 2005 MANNING DEPARNEW Page 5 of 7 - Flexible Development Comprehensive Infill Application 2005- City of Clearw?ZJTV OF CIFARWATER • • ORIGINAL 1. BUILDING ELEVATION PLAN SUBMITTAL REQUIREMENTS: (Section 4-202.A.23) Required in the event the application includes a development where design standards are in issue (e.g. Tourist and Downtown Districts) or as part of a Comprehensive Infill Redevelopment Project or a Residential Infill Project. 6d' BUILDING ELEVATION DRAWINGS - all sides of all buildings including height dimensions, colors and materials; L]/REDUCED BUILDING ELEVATIONS - four sides of building with colors and materials to scale (8 '/2 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 N to remain. All PROPOSED freestanding and attached signs; Provide details including location, size, height, colors, materials and drawing; freestanding signs shall include the street address (numerals) ? Comprehensive Sign Program application, as applicable (separate application and fee required). ? Reduced signage proposal (8 % X 11) (color), if submitting Comprehensive Sign Program application. ;t? IC K. TRAFFIC IMPACT STUDY: (Section 4-202.A.13 and 4-801.C) /L/a y1 a ate' ?? ?? bt i? ? Include if required b the Traffic Operations Manager or his/her designee or if t e4se evel men • 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 s 1 ` 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. Er'-Acknowledgement of traffic impact study requirements (Applicant must initial one of the following): Traffic Impact Study is included. The study must include a summary table of pre- and post-development levels of service for all roadway legs and each turning movement at all intersections identified in the Scoping Meeting. Traffic Impact Study is not required. CAUTION - IF APPLICATION REVIEW RESULTS IN THE REQUIREMENT FOR A TRAFFIC IMPACT STUDY AND NONE HAS BEEN SUBMITTED, APPLICATION MUST BE RESUBMITTED AND SIGNIFICANT DELAY MAY OCCUR. If you have questions regarding these requirements, contact the City Public Works Administration Engineering Department at (727) 562-4750. L. SIGNATU I, the unde ignei applicatio are tr auth orize City rgg describe in this) cknowledge that all representations made in this and accurate to the best of my knowledge and sentatives to visit and photograph the property owneror JUL 4 8 2005 Page 6 WM 'GEPARY ensive Infill Application C11V OF CLEARMER STATE OF FLORIDA, COUNTY OF PINELLAS /' o to gn subscribed before me this day d ` A. D_ 205 to me and/or ! d _Z_,- who is personally known Notary public, My commission expires: '011'bu!PU09 g W!AJOS AMWN U AtP jago1o0:S3HIdX3 d0+ 99t 00 # NOISSINNODAIN SWdIIIIM'V N33800 oP L` J?BAd a??? of by has as 0 ! ORIGINAL uw? s? CITY OF CLEARWATER AFFIDAVIT TO AUTHORIZE AGENT 9= o? PLAN NING & DEVELOPMENT SERVICES ADMINISTRATION MUNICI PAL SERVICES BUILDING, 100 SOUTH-MYRTLE AVENUE, 2" FLOOR PHONE (727)-562-4567 FAX (727) 562-4576 (Name of all property owners) 1. That (I am/we are) the owner(s) and record title holder(s) of the following described property: or General Location) 2. That this property constitutes the property for which a request for a: JUL 0 8 2005 cm car- CI FdRWATER (Nature of request) ''/ - / ,r 3. That the undersigned (has/have) appointed and (does/do) appoinyy&aj& ?? ? k ;Wf- j4XZJ. efJ 1.J e. as (his/their) agent(s) to execute any petitions or Other documents necessary to affect such petttion; 4. That this affidavit has been executed to induce.the City of Clearwater, Florida to consider and act on the above described property; 5. That (1/we), the undersigned authority, hereby certify that the foregoing is true an correct. 772 owner Prope Owner STATE OF FLORIDA, COUNTY OF PINELLAS afore me the undersigned, an officer duly commissioned by the laws of the St to of I lorida, on this day of MAJ 744?CS - personally appeare &1 4 ,1,&/MR? l alIcy who having been first duly sworn de roses and says that he/she fully understands the contents of the affidavit that he/she signed. -A- Notary Public My Cbmmisslon Expires: S: application forms/development review/Affidavit to Authorize Agent ??0 r?% ppREEN A WILLIAMS ,? c MY COMMISSION # DO 155802 4!-rOFt?'V . EXPIRES: October 14, 2006 1-SO03NOTARY FL Notes/ Service 8 Bonding. n,- Mpy 0 5 20? LETTER OF AUTHORIZATION ORIGINAL This letter will serve as authorization for Housh Ghovaee (agent Name) with NoOside Engineering Services, Inc. to act as an agent for (Property Owner's Name) And to execute any and all documents related to securing permits and approvals for the construction on the property generally located at (Property Location) PINELLAS County, State of FLORIDA. Signature of Property Owner Vad A/.. Cl A. w iaz Address of Property Owner IVED -JUL 08 2005 SING DEPARTMENT OF CLEARWATER Print Name of Property Owner CA)4> . Title 33y& -1 City/State/Zip Code g e72 Telephone Number State WjU4A,&,_ The foregoing instrument was acknowledge before me this day County o of , 2? , b , as gz \l'3\ who is personally known to me or who has produced N as identification and who did (did not) take an oath. .t,µrn?, DOREEN A. WILLIAMS MY COMMISSION # DD 15581 ,It I? EXPIRES: October _14,_2?008? 1-800-3-NOTARY Fl Nctwy Service $ & J Commission # Notary Public `?A (SEAL ABOVE) `5. (Name of Notary Typed, Printed or Stamped) 0 0 LETTER OF AUTHORIZATION ORIGINAL This letter will serve as authorization fo4x?t _??th Northside A 1-fe?de? It #44 Engineering Services, Inc. to act-as an agent for C t and to execute any and all documents related to securing permits and approvals for the construction on the property generally located aW&A" ?5 ?'. , lying within County, State of%j1ZUe/A- FUJ-ird t LLLQ Signature of Property Owner Print Name of Property Owner Address of Property O ner City/State/Zip ode 772 7 A-41 - i 122- Telephone Number State b & The foregoing instrument was acknowled a before me this 1 L day 105 ?iJ / rcIL44 At ".W. At/ 41? .6 , by A; Uz , as Z County 04 of" who is personally known to me or who has produced z 1A as identification and who-" (did not) take an oath. -01va DOREEN A. W WAMS . o MY COMMISSION # Do 155802 -iEEXPIRES: October 14,2006 Notary Public ,.W,d..NOTARY F040WYSeM-&8o"din9.1N• Sign tore) Commission # I S S66 L (SEAL ABOVE) ?'*(J'Ajnq? (Name of NotaryTyped, Printed or stamped) RECEIVED JUL 08 2005 PLANNING DEPARTMENT MY OF CLEARWATER RECENEEDD JUL 0 8 2005 Fulvio & Maddalena DiVello 445 Hamden Drive, Clearwater, Florida "Dockside II" QLA ING DEPARIMEW Cny OF CLEARWAIER REVISED EXHIBIT "A" Flexible Development Applicable - Comprehensive Infill Project ORIGINAL DESCRIPTION OF REQUEST: _ ., To raze the existing Seastone Resort II and construct 83 attached dwelling units with site improvements (Building B 31 units and Building A 52 units). The entire site, two buildings was a 111 room hotel. On August 24, 2004, the site was approved through Development Order Case #FLD2004-04023 to construct a maximum 111 units through termination of non-conformity. Building A - proposed: Increase in height from 50' to 92-8". Front (west) setback from 15' -12.5' to building Front (south) setback from 15' -- 10' to pavement and 18.3 to building Side (north) (existing) setback from 10' - 3' to pavement and 76' to building Termination of Non-Conformity 111 hotel rooms x .75 = 83 units, 31 to be constructed on Building B and 52 to be constructed on Building A (current submission) Total Lot Area: 77,954 GENERAL APPLICABILITY CRITERIA 1. The proposed development will be in harmony with the scale, bulk, coverage, density and character of adjacent properties. Just to the north (Harborview Grande) construction has begun for a 55 attached dwelling units with a height of 94'. Our proposed site is for 83 units with a height of 92'8" on Building A and a height of 67' on Building B. On the west side our property, new development is proposed with buildings rising as high as 150' (Best Western/Enchantment). 2. Most of the adjacent land and buildings are currently recently constructed, under new construction or are in the process of reconstructing. All property has and will increase in value. 3. With new walkways and enhanced lighting at the ingress/egress and reconstion of the ingress/egress, the site is going to be safer for persons residing and working in the neighborhood. We are proposing to close two of the curb cuts along Hamden for less access to the site and also a gate to keep cars from cutting through the building to access one street or the other. 4. The number of units is being reduced for what is now existing. The ingress/egress has been reconstructed to also minimize traffic congestion. We have reconstructed one curb cut to align with the new construction of Coronado and two of the curb cuts along Hamden have been eliminated. 5. Adjacent properties to the south and west of our proposed development and even further south of our property all have the same characteristics; attached dwelling,.mid to high-rise, Mediterranean architectural style. 6. The residential proposed units and compatible with other uses in the vicinity. There will be no restaurant which would lead to olfactory odors and no bar to lead to after hour acoustical problems. The development will be run as residential. ? RECE?YED 0 ORIGINAL nip an mos PLANNING DEPARTMENT C1W OF CLEARWATER COMPREHENSIVE INFILL REDEVELOPMENT PROJECT CRITERIA. 1. The redevelopment of the parcel proposed is impractical without deviations from the use. The redevelopment project is keeping with surrounding developments and part II of a project on the same site. The proposed building was designed to keep in alignment of the existing building. With having two fronts and two sides, it made it difficult in keeping with all setbacks. 2. The development of the existing project will not reduce any fair market values of abutting properties. All the surrounding parcels are under construction or have proposed new structures which will be erected within a similar time frame with all parcels being similar in size and stature and all properties will gain an increase in the fair market value. The current site is valued at $7,000,000.00 and the owner anticipates the value after construction and improvements to be valued at approximately $16,000,000.00. 3. Within the Tourist District, the use of attached dwellings is permitted in the City of Clearwater. 4. The proposed project is compatible with adjacent land uses. To the east of our property is a 55 attached unit project and to the immediate south of our property, additional attached dwelling units, condo/hotels are being proposed and all will be consistent with architectural style, height and density. The architectural style of "transitional" Mediterranean is emulated thru the integration of asphalt shingles with stucco wall surfaces and decorative awnings (the awnings color and composition of the arches on the building emulate those on the remaining (445) structure). This construction is indicative of the typical progression of building design in Florida ...the new building awnings shall be compatible with the color and texture of the dimensional radius fiberglass shingles which replaced the metal roof due to the Hurricane. 5. Due to the fact the owner of the property has owned this particular site since 1983, it behooves him to redevelop his existing site than start over at other available sites. 6. The immediate vicinity will be upgrades and fall in line with other surrounding sites which are up for redevelopment. 7. The proposed development will enhance the community character. All parking will be on- site as well as retention. The proposed structure will be in harmony with the proposed redevelopment going on up and down Gulfview Blvd. 8. There is no reduction in lot width the setbacks being requested are in line with City of Clearwater's Code and Beach by Design and less of a variance than the abutting project under construction (Harborview Grande) 9. All parking will be retained on site and will be buffered from the right-of-way and abutting adjacent parcels. 10. The design of the proposed building complies with the Tourist District guidelines. The architecture will be of Mediterranean Architectural style with will be aesthetically pleasing on the Gulf Beaches. Inviting, human scale "places" at the street level will be created with the use of meandering landscaping, 10' wide sidewalk within the right-of way which is not currently present. A sense of a "beach community neighborhood" is created with the proposed architectural style, panoramic view of Clearwater Harbor for the residents on site and the proposed lush landscaping. Jul. o R 2005 . ORIGINAL PIANNING DEPARTMENT NARRATIVE ON THE PROJECT AS ??HtIL?E?O ALL ISSUES: The existing Best Western Seastone Hotel and Suites was subject to last years hurricanes. Having lost the roof, significant flooding destroyed the interior of the building. In replacing the roof, the owner chose a variegated (blue-black) architectural (scalloped) asphalt shingle. Having weathered the storm the owner decided that he would prefer to leave the "hospitality" business, renovate to condominiums and sell. The demolition of the corner building vintage 1960, is in an effort to provide resort type atmosphere utilizing the 10 existing boat slips as a draw for the new upland owners. The Hamden/Coronado/Gulview Intersection is unique and prominent on Clearwater Beach, as such, with the future realization of the Beach walk Project, it is only fitting that a building within scale and context of those surrounding the property (123" high to the west), bermed parking to the South (440) The demolition and repair of the existing buildings, providing a new condominium-resort complex (112 units) complies with a cohesive architectural theme and upgrading the property to current codes (except for the front pavement and small portion of building setback (see land use data) with a particular emphasis on "Beach by Design" The architectural style of "transitional" Medditerrean...is emulated thru the integration of asphalt shingles with stucco wall surfaces and decorative awnings (The awnings Color and Composition of the arches on the new building emulate those on the remaining (445) structure). This construction is indicative of the typical progression of building design in Florida ...the new building awnings shall be compatible with the color and texture of the Dimensional radiu fiberglass shingles... Which replaced the metal Roof due to the Hurricane. The safety of Pedestrian and Vehicular traffic shall be further enhanced by the voluntary closing of (3) access points (1 on Gulfview and 2 on Hamden) allowing for a singular access into the complex aligning with the future improvements within Coronado Drive. The elimination of the 1960's generic Florida hotel/motel and asphalt parking within the street yard setbacks shall provide an appealing interface with the pedestrian scale of the Beach and in keeping with Beach by Design through the construction of a new 10' wide sidewalk and new landscaped berm and street level awnings shall afford screening of the "on site" parking while enhancing the walkway with the cooling effect of palm and tropical plantings. The enlarging of the sidewalk will provide for safer pedestrian access to and from the beach and numerous surrounding business and shops. At this time the existing building and asphalt surroundings are truly a throw back, which the owner is willing to demolish in and effort to establish viable street, pedestrian interface, in keeping with the existing 440 Gulfview concept of berming to hide parking and minimize the over all height of the structure. The utilization of the roof tops for recreation, the Focus of the building facade on the significant pedestrian and vehicular node of Gulfview and Hamden mandate that a architectural integration of the existing and new provide an essential safe, comfortable and street appeal, these are being accomplished with the new building and renovation of the old Seastone Suites and Best Western Resort and suites... The new structural setbacks are less than currently exist, the new landscaping and willingness of the owner to sacrifice an easement to the city for new single pole traffic signals are all evidence a "long time beach resident " trying to work with the city in bettering the total environment of the Beach community. • 0 ORIGINAL The height of the new structure is less than some and comparable with others within the immediate vicinity both existing and proposed. This particular development will exceed the community character of surrounding buildings, as it will provide for more street front landscaping, a predominant entry feature at the most significant intersection on the beach, and eliminate an existing asphalt parking area. The minimal deviations from the required front setback for parking and pavement for re-cycled trash pick up, would result in less parking spaces, in an area where parking is critical. - The Renovation of the existing (grey vinyl siding) to include a full new stucco facade in a beach by design color of Hibiscus Pink (Porter paints) will culminate the integration the architectural appearance of the two structures into one architectural complex with an inviting entry at a vital intersection on Clearwater Beach. Beach By Design - Guideline Compliance • ORIGINAL Dock Side II site layout and building plan is consistent With "Beach By Design" guidelines in the following respects: * Sidewalk - Installs new 10' X 300' sidewalk where no sidewalk currently exists. Existing sidewalk will tie into the newly proposed project just to the east of proposed project and continue with the same Beach By Design theme. • Height - Height is within 100 foot maximum. Proposed height is 92'-8" feet inches to roof deck. • Density - Project qualifies for and properly utilizes Termination of Non-Conforming units. The actual amount of non-conforming units allowed was reduced on site. • Design -- Mediterranean architecture to be incorporated with a "tropical vernacular". The project enhances the community's character. Wedding cake building layout is encouraged in Beach By Design. • Landscaping - Utilizes lush tropical landscaping which exceeds code requirements. • Parking - Plan exceeds parking space requirements. Parking area is aesthetically appealing and is separated from the public Right of Way. • Materials & Colors - Selections reflect Florida and coastal vernacular themes. Colors chosen within "sample" selection of Beach By Design. RECEIVED JUL 0 8 2005 PLANNING DEPARTMENT CIIYOF OLEARWATER 0 0 ORIGINAL TERMINATION OF NON-CONFORMITY STATUS 1. Perimeter buffers are being provided on the property. A large berm with run along the front sides of the property with retaining walls to buffer cars from the right of way. Many of the vehicles will be located under the building. 2. The majority of the on-site parking is being provided within the parking. Those parking spaces outside of the-garage exceed the required 10% parking lot interior landscaping. 3. Any and all existing signage on site will be removed prior to construction and re- location of any utilities will be coordinated with specific utility agencies. 4. The comprehensive landscaping program is not being utilized with this project. All new signage will be addressed under a separate application and will be designed to meet Code. RECEIVED JUL 0 8 2005 PLANNING DEPARTMENT CITY OF CLEARWATER D W W (a) Ln O r LULLS o^? V Q-y dotamr I" - - - - - c.a.mn wte 5puhuton 5n4 20 me HY va app. 0- 3 4Y., 24', 24• 30 0<. 272 v bore Nan Grta Non rm Ieat 3 4Y., 24', 24- 30 ot. 265 JC Aaaraa rJnitsa 54- J„qu 3 4t., I r 390 LAG LaMan, aT. r.rnY IaMana yl.. 7 M. , 12' ap. I M o.c. 100 lenbn arr. d lareare I 1 r M. c I r apt. C o.c. 620 LW Vora n AA nr U c O.L. Ir ht. + IT arr. . I N o.c. 2 F Lyuetrvn OA. ' L."ni Tne dft M. .. d ap., 2 12 a. 21 m NOB Nenm aretlu of OlerYb 5atd.Ma 0 M. , 5' ape„ 2 17 p1n Iw oobn 922 NOr Nerum oNY,mer petite teY Dttrl Ol.- 3 '..:4 ' M. • arr. : W* .c. ac NM rado arr. radourawt 5'. 4' M. , 24 . rr. 3C o.c I OV a.-.+gaaew Im Oe, 14-1912, 5' arr.. 3• ol. 100 rJ Ult-erm um IIMtI FlaYtilorn 3 9N.. 10' M. , 1 N W. W o.c. 22 9 Bbl p1- CJtkw tale 10-IG'C.T. 10C.T.MW.10o.c. 170 TJV reNieb;mromyerenlod. Var. CoMaderar JIII- 3 4Y.. 12'. 10' 3P.- 25 WR ft..'- Wahaytanu rafn 12'. 22 C.T. - 10 C.T. M IN. 10 o.a. 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FERTILIZATION 5wn . w T- Nbat eYfwaft r Melee.M Mflbaf2Plf-0 natwf Ydo e w tl Aaf wl rvm ..If.c.alrwatr -rewrr.r asew.orr.+r..Yenr.eYr? r w..Jesrarlaatr yPPkaa Ws I (ilm Cotter. i -21 ?. f.ls'. ]GYa COttr 5-214NI Mfaa f CynCattr f-Yl pttb Tr+tf:P,at a-SI ywIW, Ts ]enol.rar VZtytdnr G d Aran N 4aJbo. aw oats Ydemn ?etl Vlw Nr.leeY?/t.nlOmr.'a anadsaa HANIDEN DRIVE PHASE II .. pHgSE I °mrz ,e , I . m r ,, dcr a s(w AID a.. onlw IN w,? maw PY7 ? v ? _ - - NUJ + F ` a LiC6$Ig4Y aD °'a" ??^: nm1NG lau. .orm co '^. EQ . `. a..?_ ? ? 1%w.w w+Im rxn?' owl. taw .. _. .. ? .? f 1M ?K u am I iAy f ? f1.IfMC O lOF.XLSTING BURT SlJl'S .w. l+ ? :,v`wm +.? ]o rrt. CLEARWATER 11 ARB0R 42 VCNal? L.(D (MJ e2 eNWlAllm erebtvro. ?Gi1C 1- a GV?V • • I?, to u_ I I IPq,,, " I i II ;a t ,Oi ', ?'N I nI HI' I gyp: I'., VV?I?NI,. I II III , II I ?.P.' I I III ? ,era { I ?i e„I . 7r M II ?? ?, wow r . II I .r II l? i _la. ?I ?`??Ili II no I ww a w .II n '??Illlinl ws ww ? .' *I ? ?-?, , ?¦ ww ova "VII an INS TIOMI, uw• wig ww n rnin ???1 ?i w¦w3',?' ¦w .a•t 4 .? dl 7 ? ?r? w ww ww I?a tl„?' t ??lk,!( I, ,jl I 9 ] t B I 'y V tINI IG.1? ' ' f,Z I? ? yMKLyp.'MyW14.Y.lMn?pl ; ; , f AMI, • 10 • • &Y , h n1 a? u • L CD LL. O 1 r fin: s?.. ? ! tJ ? ^ Y I Product Name: Buttercup Blend SM/U C/T Manufacturer: Monierl_ifetile SKU: 1 BACU6243 ROOF TILES TRIM AND FACIA 2310 SEED PEARL C, ® k" luu W X. c X. c°v !Z a Ew J "O C? BUILDING EXTERIOR WALLS 1022 PINK HIBISCUS PR* AND LAMBERT PAINT COt&S • • 207 No Ln r STAIR a.?l Ir DOCKSIDE II 504 SOUTH GULFVIEW BLVD CLEARWATER BEACH, FLORIDA ORIGINAL. RECEI nMINGDI CROME f ELEVATED (11'-0") GAZEBO RECREATION AREA ALL UNITS 2 BEDROOM, 2 BATH. UNIT B WITH STUDY TOTAL BUILDING SQ FOOTAGE =135,560 TOTAL GROUND FLOOR AREA =15.036 UNIT A (TYP OF 8) 1 ST TO 4TH FLOOR PLAN • 0 0 T IVNIOldO 0 0 n7 n O JA" 0 csar? Lq<Z DOCKSIDE II IVNIOIN 504 SOUTH GULFVIEW BLVD CLEARWATER BEACH, FLORIDA FLOOR PLAN 0 0 i= C7 IV C= O c n OUSE PLAN 9TH FLOOR DOCKSIDE II 504 SOUTH GULFVIEW BLVD CLEARWATER BEACH, FLORIDA lvwoWo 117F F C,0"ENSQR5 0 f POO' 0 DOCKSIDE II O I' 0 v 0 a Fil? Z ROOF PLAN IVN191N 504 SOUTH GULFVIEW BLVD CLEARWATER BEACH, FLORIDA ?repared8y;3nd Relum To:: I R?yNti?tock`. ? •. PIaN??k;?SII'LE; INd? ' 2?29ni US.• HWY. 19 K,S0ITE {b4 CLEARWA3ER, 'FL 33761 ' I incidentitil to the issuance of title insurance policy. Fiie.NUmbBri o0-b9068a - i I ('areal IO#,' 08-29-15-17640-0 0-0040 • WARRANTY DEED (CORPORATE) This WARRANTY DEED, dated by, SEA STONE, LTD., a Florida Limited Partnership whose post office address Is, 445 HAMDEN DRIVE, CLEARWATER FL 34630 hereinaftet Called the GRANTOR, to FULVIO IVELLO and MAUDALENA DIVELLO, husband and wife KARLEEN F. DE BLAKEC, CLERK. OF COURT PI>'E1LAS CEMT.,. FLORIDA 5C158900 02-16-2001 12:01:31 'M11 51 DED-SEA STOKE LTD 0000000000 19: OK: SM: EPG: RECORDIBG 001 PAGES 1 $6.00 DOC STAW - DR219 3 $551650.00 TOTAL: $55,656.00 P CHECK AMT.TERDERED: $55,656.00 CHANGE: $,00 BY EFl1TY CLERfI 1-048114* CO E SK16122D7I PI PO -2963 I aim IRS IN Ito me fuu am ¢l Rim whose poi ,k.office address Is: 445 HAMDEN DRIVE, bLgARWATER', FL .33767 hereinafter called the GRAN EE: (Wherever used lie ein (he terms 'Grantor' and 'Grantee" Included all partles to (his Instrument and the heirs,legaLrepresentaWes and assigns of Indktdu; Is, and the successors and assigns of torporallons.). WITNESSETH: That the GRANTOR, for and in consideration of the sum of $10.00 and other valuable considerations, receipt wh2reof is hereby acknowledged, hereby grants, bargains, sells, allens, remised, releases, conveys and confirms unto the GRANTEE, all that certain land situate In Pinellas- County, Florida, viz: Lot's 4, 5,16, 7, 8, 9, %arrd;11, COLUMBIA SUBDIVISION NO. 5, according to the map or plat thereof, as recorded In Plat Bddk 31, Page 111.6; Nbiic Records of Pinellas County, Florida, also that unpiatted part of government lot foul of Section 8, Towhshil? 29 South, Range 15 East, described as follows: Begin at the Southeast:cdrner of Lot Eleven (11), COLUMBIA SUBDIVISION NO. FIVE (5) and run thence South 54'25'30" E East, sixtrtive I and eighteen. hundredths (65.18) feet, thence North, 12°34'30" East, two hundred seventeeA-and twenty( seven hundredths (217.27) feet, thence North 54'25'30" West, sixty-five and eighteen ?r hundredtlfrs (65.18) feei tb the Easterly Ilri Lot Nine (4) of said Subdivision, thence South/two hundred seventeen and twenty-seven hundredths (217.27) feet to the point of beginning. 12'34`30" Best, SUBJECT TO covenants, ? condilions, restrictions, reservations, limitations, easements and agreements of record, if any; taxes and assessments I+ the year 2001 and subsequent years; and to all applicable zoning ordinances and/or ' p' restrictions. and prohibition's imposed by governmental authorities,. if any. i ' TO with all the tengments, hereditaments and appurtenances thereto belonging or In anywise appertaining. I II+ TO. HAVE AND TO HOLD, the same In fee simple forbver. AND THE GRANTOR Hereby covenants with said ,GRANTEE that except as noted, the GRANTOR Is lawfully seized of said lands ih simple; (fiat Ma GRANTOR has good right and lawful authority to sell and convey said land; that the GRANTOR hereby fully wairants the title to said. land and will defend the, same against the lawful claims of all persons whomsoever. ; j , i IN WITNESS WHEREOF, GRANTOR has signed and seated these presents the date set forth above. SIG E PRESENCE OF THE FOLLOWING TWO WITNESSES: II Witness SIGN: SEA STONE, LTD., a Florida Limited Partnership by, Its sole general partner Print Name J?{Y ! a\ By: SEVEN SEAS EQUITIES, INC., a Florida Print Name: TEl? iv' e T T IMP M R N t;?Gts corporation ?? Witness CK AMT SIGN Z Os oR2i ?/j . OS' ;-DON L. SEATON, Ptesident ' INT I, FEES '1- MTF i I PIC State of FL I REV 66 County of. Pinellas. I TOTAL 5fn n THE FORGOING INSTRUMENT was acknowledged before me on February /c_,,2001 by: DON L. S?ATON i of SEA STONE, LTD.,: A F.orida Limited Partnership; on behalf of th rporatlon, who, personally appeared before me, and who Is p uced a Drivel's ntiflcailon, and who did riot take an oath 11-1-1 d RAY PBACOCK ' Notary Seal l? I?Y@tlMM1551®NAt€/tStlf Signature. • TMP?'f FJtrIM€5'Junll?i011 Print Name: o Notary Public .. 11eCLNOrIAY•. ft NMW 4etier i 6&ian0.1P6 ORIGINAL MEMVED, JUL 0 R 2005 • PLANNING DEPARTMENT CnYOF CLEARWATEP :,L-WL tyy : °KhN I HuNNtLLS i'A; This Instrument Prepmrtd by and Return To; KENT RUNNELLS, P.A: KENT 8. RUNNELLS, ESQUIRE 101 MAIM STREET, SUITE A SAFETY HAR90R, FL 34695 Property Appraiser's Parcel I.D. Number(s): 08/29/15/17640/00010040 ORIGINAL THIS WARRANTY DEED, made the _ i day of -A.D. 2004, by FULVIO DiVELLO and MADDALENA DiVELLO, as tenants by the entireties, hereinafter tolled the Grantors, to FULVIO DiVELLO, as Trustee of the DiVELLO LAND TRUST, dated a , 20D4, with full power and authority either to protect, to conserve, to lease and to se , to convey, to encumber and to otltetwise manage and dispose of the real property herein described, hereinafter called the Grantee. The Grantee's post offica adrlrecs is 400 Island Way, No. 703, Clearwater, Fiorids 33767. (whsrRrer used herein the terms "?ranlor"and prsntco" include all the parties to this inslrumont and the heirs. legal repr itiuarires ttad alalEnt at ludiridualt, red the tlue"aars and Aulgas of corporallont) `r WITNESSETH, That the Grantor, for and in consideration of the sum of ten dollars ($ 10,00) and uther good and valuable consideration, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases and conveys and confirms unto the Grantee all that certain land situate in Pinellas County, and more fully described as follows: SEE EYMBIT "A" This deed was prepared without the bcnefit of a tide search of the Subject property and the prepurcr or this conveyance does nat gvarantm mArrhtnntabalty or m wkelabilily prtitio. The Gmntor hereby rtpmenu and warrants that the above-referenced property is not the homestead property or the Ontnlor. Together, with all the tenements, hereditaments and appurtenances thereto belonging oy in anywise appertaining, TO HAVE AND TO HO1<,D, the same in fee simple forever. And the Grantor hereby covenants with said Grantee that the Grantor is lawfl?lly seized of said land in fee simple; that the Grantor has good right and lawful authority to sell and convey said land, and hereby warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances, except takes accruing subsequent to December 31, 2003, RECHVED .1111_ . Q R 2005 PLANNING DEPARTMENT CITY OF CLEARWATER lelle4Ub/V; ivlay-5-U9:zu; rage 2i4 KARLEEN F. DE B AKeFt. CLERK OF COURT PINEI.tA$ COUNTY FLORIDA INSTt1 200038429 DD)im M4 at 03:19 PM orr nt:o DK; 97x64 Fa: 2090.2"ll Doc7Yo:13EED RECORMO: 327.00 - .A seni dy: KtNT PUNNELLS PA; • 7277240879; May•3.010 20; Page 314 IN WITNESS WHEREOF, the said Ocantor has signed and scaled these presents the day and year first above written. Signed, sealed and delivered in the presence Witness Signature KEKt I,RUNNELlS Printcd Witness Signaturc Witnc Signature Printed Witness Signature Witness Signature KENT ELAuNN! 1g Printed Witness Signature Wim Ss Signature Printed Witness Signature ORIGINAL FULVID DiVE.LLO VdL -- MADDALENA DiV LLO RECEIVED J HL U R 7005 STATE Of FLORIDA ) COUNTY OF PINELLAS ) PLANNING DEPARTMENT CHYOF CLEARMER I HEREBY CERTIFY that on this day, before me, an officer duly authorized to administer oaths and take acknowledgments, personally appeared FULVIO DiVELLO and MADDALENA MELLO, known to me to be the persons described in and who executed the foregoing instrument, who acknowledged before mo that they executed this Deed, or that 1 relied upon the following forms of identification of the above-named person; .'&!! vgo1Z A'g'46", WITNESS, my official hand and seal this 0 day of , 2004 K#m Ftvffl (s my C^M+M 60191007 (SEAL) t:Vi•+"or My owe Notory . ublic gnat a Printed Notmy Signature Sent By: KLN7 BUNNELL$ PA; 1277240879; May-a-un ayo ' L1EGAILD_1~ S H11LP1I0N Lots 4, 5, 6, 7, 8, 9, to and 1 i, COLUMBIA SUBDIVIS10N No. 5, according to Inc maP u, Plat that thereof, as recorded in Plat book 3lPof Sec6tion Bic P , Township 29 SoulthS Range 15'E? dad sc ibed unplatted part of government lot four as follows- Bogin at the Southeast corner of Lot Eleven (11), COLUMBIA SUBDIVISION NO. FIVE (5) and run thence South 54°25'30" east, sixty-fiver and eighteen hundredths (65.18) feet; thencc Noah 12°34'30" Bast, two hundred seventeen and twenty-seven hundredths (217,27) feet, thence North W25W' West, sixty-Vivo and eighteen hundredths (65.18) feet to the Easterly Mine: of Lat Nine (9) of said Subdivision, thence South 12°34'30" two hundred seventeen :tnd twenty seven hundredths (217.27) feet to the point of beginning. ORIGINAL ?r RECEIVED Ii li._ u P 2005 PLANNING DEPARTMENT CITY OF CLEARWATER 4 EXHIBIT "A" Horthside 16"4" SMI&Ia la. E ORIGINAL STORMWATER REPORT FOR: Dockside II PROJECT RECEIVED JUI OR 2005 PLANNING DEPARTMENT Ci1YOF CLEARWATER 601 CLEVELAND STREET, SUITE 930 CLEARWATER, FLORIDA 33755 N ESADMI N@MI N DSP RI NG.COM N ESTECH@MI N DSPRI NG.COM 727 • 443 • 2869 FAX 727 • 446 • 8036 CIVIL 0 LAND PLANNING • ENVIRONMENTAL 0 TRANSPORTATION • Ram A. Go'el,. P.E.447!43j A6 a'a•:?,?R +tJa w., July 2005 Project No. 0529 0 SEASTONE RESORT DOCKSIDE II ORIGINAL DRAINAGE NARRATIVE & CALCULATIONS Existing Seastone Resort is proposed to be modified into two portions to the east as designated. Phase I has been approved by CDB and a Development Order has been issued. The proposed modifications to this phase includes: removing the most easterly driveway and constructing a new driveway further to the west as indicated on the plans. Also the retention pond is proposed to accommodate both phases. Phase II includes total demolition of the 5-story building and constructing a new 52 unit condominium building with it's associated parking. The total site consists of 77,954 square feet (1.79 acres), a total of 83 units for Phase I and II. Water Quality Required 77954 x %2 x 1/12 = 3,248 c.f. Water Quality Provided 30 x 60 x 2 = 3,600 c.f. RECEIVED 11 1L U R 2005 PANNING DEPARTMENT CHY OF CLEARWATER 10', JD1 a--- 3 OO Mcm PHASE II -I-PHASE I I HAMDEN DRIVE ' svmM .............. ..... .. MAP= Affil .",.. ,... ?l _ ... .,_.,.. ,.. I . ..... - - - - aarnwrcm'ec m NEW Of 4' 1 0'"'E n 5 - ?? T ®R of FT i I I9• TI' ID" ?N -- r ---- -«-Y ---?... ° ' YI' to, I ? IO' 3 - -- I , - , ? C 4. I N i ?-? PON - ---- ------ 1 c-i S. I2° 34' 30" NN. 349.00' (P) 349.20 (C), - - 1?? ?JJ ..... x 22118 65' TO BACK OF SEAWALL !i n ss t c• RECEIVED 2005 PLANNING DEPARTMENT MY OF CLEARMER C L E A R W A T E R H A R B O R s C) • ORIGINAL FLD2005-05051 445 HAMDEN DR Date Received: 05/26/2005 DOCKSIDE II ZONING DISTRICT: T LAND USE: RFH ATLAS PAGE: 276A PLANNER OF RECORD: WW • 144 - p CLW CoverSheet 0 0 ORIGINAL FLD2005-05051 445 HAMDEN DR Date Received: 05/26/2005 SEA STONE II ZONING DISTRICT: T LAND USE: RFH ATLAS PAGE: 276A PLANNER OF RECORD: NOT ENTERED R E C CE W ? D k AY 2 ; 2005 PLANININ 0 PAWMENT CITY OF (EARIANTE CLW CoverSheet a ? ? ? • Page 1 of 2 Wells, Wayne From: Kent Runnells [kbriaw@tampabay.rr.com] Sent: Tuesday, January 02, 2007 2:04 PM To: Wells, Wayne; Garriott, Kevin Cc: housh@northsideengineering.com Subject: RE: C.O. on 445 Hamden Dr., Dockside Condos Wayne: thank you for your timely response; however, i am confused by your comment regarding your previous e mail, which i already possessed. I understand the issues set forth in the previous a mail regarding the options for using the property, but i did not understand those issues to be intertwined with the issuance of the c.o. My understanding regarding the c.o., gleaned not only from your a mail but, more importantly, from the meeting we had with you and Gina a month or so ago, was that the letter explaining the change of use was the only requirement for the issuance of the c.o. No matter what the ultimate use is for the southern building, the northern building is going to be a condo project. Please let me know if i missed something at our meetings or if something has changed. thanks, kent Kent Runnells Kent Runnells, P.A. 101 Main Street, Suite A Safety Harbor, FL 34695 Voice: 727-726-2728 Fax: 727-724-0879 This message and any attachments are solely for the intended recipient and may contain information that is confidential or legally privileged under applicable law. If you are not the intended recipient, any disclosure, copying, use or distribution of the information included in the message and any attachments is prohibited. If you have received this communication in error, please notify us by reply e-mail and immediately and permanently delete this message and any attachments. Thank you. From: Wayne.Wells@myClearwater.com [mailto:Wayne.Wells@myC[earwater.com] Sent: Tuesday, January 02, 2007 1:21 PM To: kbriaw@tampabay.rr.com; Kevin.Garriott@myClearwater.com Cc: housh@northsideengineering.com Subject: C.O. on 445 Hamden Dr., Dockside Condos Kent - We are in receipt of the letter. Attached is an email sent out previously outlining the options for this property. The request for a time extension for this project by the CDB is scheduled for their January 16, 2007, agenda, starting at 1:00 pm. Wayne -----Original Message----- From: Kent Runnells [mailto:kbrlaw@tampabay.rr.com] Sent: Tuesday, January 02, 2007 11:35 AM To: Wells, Wayne; Garriott, Kevin Cc: housh@northsideengineering.com Subject: C.O. on 445 Hamdem Dr., Dockside Condos 1/3/2007 Page 2 of 2 wayne and kevin: fulvio told me he delivered to both of you the letter explaining the change of use and requesting the c.o. If you need anything else from us in order to issue the c.o., pleae advise asap, as fulvio is under some pressure to get this done. thanks, kent Kent Runnells Kent Runnells, P.A. 101 Main Street, Suite A Safety Harbor, FL 34695 Voice: 727-726-2728 Fax: 727-724-0879 This message and any attachments are solely for the intended recipient and may contain information that is confidential or legally privileged under applicable law. If you are not the intended recipient, any disclosure, copying, use or distribution of the information included in the message and any attachments is prohibited. If you have received this communication in error, please notify us by reply e-mail and immediately and permanently delete this message and any attachments. Thank you. 1/3/2007 Wells, Wayne From: Delk, Michael Sent: Wednesday, March 07, 2007 2:42 PM To: Dougall-Sides, Leslie Cc: Wells, Wayne Subject: 445 Hamden - Dockside Agreement Leslie - After all our review, Wayne points out that the 60 days commences from "acceptance by the CDB". It was not our intent to have CDB approve agreement. Can we revise as scrivener's error and keep same dates? michael Michael Delk, AICP Planning Director City of Clearwater, FL 727-562-4561 myclearwater.com x,,.•,. r Page 1 of 2 Wells, Wayne From: Dougall-Sides, Leslie Sent: Thursday, March 08, 2007 10:29 AM To: 'kbrlaw@tampabay.rr.com' Cc: Delk, Michael; Wells, Wayne Subject: GM07-1420-010 DiVello 445 Hamden Dr. Declaration of Restrictions : FW: Declaration of Restrictions Dockside Importance: High IblNumAttach: 0 MessageGUID: (FEE82F6A-57FB-4018-9C42-75CFE1A22CC7) OriginalDate: None Originator: SQL Style: DiVello 445 Hamden Dr. Declaration of Restrictions Kent, in reviewing the document Planning staff noticed that Section 1.1 states the amended application will be filed within 60 days of execution of the Declaration of Restrictions by Declarant and "acceptance by the CDB". I believe this was originally supposed to be "acceptance by the City" since the CDB would not and could not be ruling/acting on the application prior to its being filed. Are you able to record a Corrective Declaration with Section 1.1 simply stating "Declarant agrees to file, within sixty (60) days of February 22, 2007, its Amended Application...."? Thanks for any assistance you can provide to clarify this language. Leslie K. Dougall-Sides Assistant City Attorney City of Clearwater P.O. Box 4748 Clearwater, Florida 33758 (727) 562-4010 phone (727) 562-4021 fax Board Certified in City, County and Local Government Law Admitted in Florida, Oregon, and the District of Columbia Senior Professional in Human Resources -----Original Message----- From: Dougall-Sides, Leslie Sent: Thursday, February 22, 2007 3:02 PM To: 'Kent Runnells' Subject: RE: Declaration of Restrictions Dockside Will do; you're very welcome! Leslie K. Dougall-Sides Assistant City Attorney City of Clearwater P.O. Box 4748 Clearwater, Florida 33758 (727) 562-4010 phone 3/8/2007 Page 2 of 2 (727) 562-4021 fax Board Certified in City, County and Local Government Law Admitted in Florida, Oregon, and the District of Columbia Senior Professional in Human Resources -----Original Message----- From: Kent Runnells [mailto:kbrlaw@tampabay.rr.com] Sent: Thursday, February 22, 2007 2:46 PM To: Dougall-Sides, Leslie Cc: housh@northsideengineering.com; 'Ken Arsenault' Subject: FW: Declaration of Restrictions Dockside Leslie: the recorded declaration is attached. fulvio will be there in 5 minutes to pick up the c.o. just kidding. please advise the building dept that this has been done. thanks for all your help. kent Kent Runnells Kent Runnells, P.A. 101 Main Street, Suite A Safety Harbor, FL 34695 Voice: 727-726-2728 Fax: 727-724-0879 This message and any attachments are solely for the intended recipient and may contain information that is confidential or legally privileged under applicable law. If you are not the intended recipient, any disclosure, copying, use or distribution of the information included in the message and any attachments is prohibited. If you have received this communication in error, please notify us by reply e-mail and immediately and permanently delete this message and any attachments. Thank you. From: Kent Runnells, P.A. [mailto:krpalaw@tampabay.rr.com] Sent: Thursday, February 22, 2007 2:38 PM To: Kent Runnells Subject: Declaration of Restrictions Kent Runnells Kent Runnells, P.A. 101 Main Street, Suite A Safety Harbor, FL 34695 Voice: 727-726-2728 Fax: 727-724-0879 This message and any attachments are solely for the intended recipient and may contain information that is confidential or legally privileged under applicable law. If you are not the intended recipient, any disclosure, copying, use or distribution of the information included in the message and any attachments is prohibited. If you have received this communication in error, please notify us by reply e-mail and immediately and permanently delete this message and any attachments. Thank you. 3/8/2007 Wells, Wayne From: Dougall-Sides, Leslie Sent: Thursday, February 22, 2007 3:35 PM To: Garriott, Kevin Cc: Delk, Michael; Wells, Wayne Subject: Declaration of Restrictions, 445 Hamden Drive Importance: High The Declaration has been recorded [see attached]; therefore you should expect to see the developer/rep in to pick up the referenced Certificate of Occupancy shortly. Dec of Restrictions 2-22-07. pd... v M '02-22-2007 13:26 HI SEAS MOTEL 4433955 6 0 PAGE:1 KEN BURKE, CLERK OF COURT PINELLAS COUNTY FLORIDA INSTAL 200706MI 82/2V2007 at 12:7 PM OFF REC BK: 15648 PG: SM-818 pocType.RST RECORDING: $36.60 Prepared by and return to: Kcnt Runnells, Y.A. 101 Main St., Suite A Safety Harbor, FL 34695 DECLARATION OF RESTRICTIONS THIS DECLARATION OF RESTRICTIONS is made this QA day of Fr, L-3, 6:1, 2007, by Fulvio DiVello, as Trustee of the DiVello Land Trust dated August 10, 2004, hereinafter referred to as "Declarant." WITNESSETH WHEREAS, Declarant is the sole owner of certain lands in Pinellas County, Florida, more particularly described on Exhibit "A" attached hereto, and incorporated herein by reference, and called the "Property" in this Declaration; and WHEREAS, for a period of many years, all of the Property has been improved with a hotel facility, and used as an overnight accommodation use; and W1IFREAS, Declarant has made application to the City of Clearwatcr, Florida Community Development Board ("CDB") Application No. FLD2005-05051 ("Application"), to change the lawfully permitted use of the Property to attached residential use ("Residential Use"); and WHEREAS, pursuant to the Application, the CDB approved the use of the entire Property solely and exclusively as a Residential Use, (the "C:DB Approval") and not for any Hotel Use on any part of the Property; and WHEREAS, notwithstanding such CDB Approval exclusively for Residential Use, Declarant now desires to continue to use a part of the Property (that part being more fully described in Exhibit "B" attached hereto and being incorporated herein by reference, and further being referred to herein as the "Hotel Parcel") for a hotel use ("Hotel Use"), into the foreseeable future, in lieu of Residential Use; and WHEREAS, by virtue of the fact that Deelarant's current anti desired continuation of such Hotel Use on the Hotel Parcel would be inconsistent with the mandates of the Development ()rder issued in connection with Case No. FLD2005-05051 (the "Development Order' ), the City of Clearwater has not issued a Certificate of occupancy ("C.O.") for Residential Use on that part f'Beni%\DivelloDocksWuLuuiKwiwit, `•D&nfRexriciinu Page I 02-22*2007 13:26 HI SE05 MOTEL W433955 • PAGE:2 of the property currently improved with thirty-one (31) residential condominium units (which property is more fully described on Exhibit "C" attached hereto and incorporated herein by reference, and which is hereinafter referred to as the "Residential Parcel"), but has expressed its willingness to issue such C.O. as an accommodation to Declarant in consideration of the obligations and undertakings of Declarant set forth herein; and WHEREAS, on January lb, 2007, pursuant to the request of the Declarant, the CDB did extend to February 16, 2008, the deadline for the Declarant to comply with the Development Order entered by the CDB pursuant to the Application, (the "Development Order") to allow time for the Declarant to amend its Application to request a Flexible Development Application to allow for the continued Hotel Use of the Hotel Parcel notwithstanding the requirements of the Development Order (the "Amended Application"); and WHEREAS, Declarant now desires to amend the Application to allow Declarant to continue to operate the Hotel Parcel as an overnight accommodation unless/until some other use is approved; and WHEREAS, Declarant has not yet had the opportunity to bring before CDB its Amended Application requesting that the Hotel Use be allowed to continue; and WHEREAS, in order to allow for the City to issue the C.O. fur the Residential Parcel while Declarant's Amended Application is pending, Declarant is willing to renounce prospectively certain rights with respect to the use of the Hotel Parcel, which rights include the right to construct on the Hotel Parcel fifty-two (52) attached residential condominium units, and Declarant is also willing to agree to all of the terms and conditions set forth herein; NOW, THEREFORE, in consideration of the above recitals which are true and correct, and intending to be legally bound to the terms hereof, Declarant declares that the Hotel Parcel and Residential Parcel described above shall be held, sold and conveyed subject to the following conditions and restrictions, all of which are for the purpose of protecting the value and desirability of the Hotel Parcel and the Residential Parcel, and all of which will run with the Property and be binding upon all persons having any right, title or interest therein, or of any part therein, and their respective heirs, successors and assigns, and which will inure to the benefit of Declarant, his successors and assigns forever. ARTICLE 1 RESTRICTIONS ON USE OF THE PROPERTY Section 1.1. Declarant agrees to file, within sixty (60) days of the execution by Declarant and acceptance by the CDB of this Declaration of Restrictions, its Amended Application regarding the continued Hotel Use of the Hotel Parcel, and upon filing such Application Declarant shall make every reasonable effort to conclude the process of development approval within 120 days of application submittal, notwithstanding delay that may occur from time to time 01anlWVcJ(oU*ckz1dA.uenR"I wiurtTw of ROttricUA.IS Page 2 02-22-2007 13:26 HI SEAS MOTEL *433955 PAGE:3 due to stal'f or project representative need for additional time to resolve issues which may arise. Said Application shall include, pursuant to Community Development Code Section 4-202(6.), a description of the property which is the subject of the Application documenting that a property line has been established along the existing lot lines. Section 1.2 In the event the CDB grants the Declarant's request under the Amended Application to allow for Hotel Use, then and in said event the Property shall henceforth, in perpetuity, be limited to such uses and densities as are allowed, from time to time, under all applicable zoning and land use laws, ordinances, rules and regulations promulgated by any Federal, State, County, Municipal or quasi-governmental agency having jurisdiction and control over such matters with respect to the Property, including, but not being limited to, the limitations on the density of residential condominium units set firth in the Development Order entered in connection with the Amended Application. Section 1.3. Declarant acknowledges the existence of unresolved issues regarding the Hotel Use of the Hotel Parcel, including, but not being limited to, meeting all applicable parking, ingress and egress requirements, which requirements will be met by Declarant through one or more casement or joint use agreements with respect to and by and between the Hotel Parcel and the Residential Parcel. Section 1.4. In order to allow for the City to issue the C.O. for the Residential Parcel, Declarant hereby renounces prospectively certain rights with respect to the use of the Hotel Parcel, which rights include the right to construct on the Hotel Parcel tiny-two (52) attached residential condominium units. Declarant acknowledges that the restrictions on use hereby imposed will reduce considerably from fifty-two (52), to a number which may not be ascertainable at this time but is estimated to be twenty-two (22), the number of attached residential condominium units which are allowed to be built, constructed and improved on the Hotel Parcel. In consideration of Declarant's deducting said units from the Hotel Parcel, Declarant is maintaining units on the Residential Parcel which were subject to the Termination of Nonconformity determination. Declarant shall continue to operate an overnight accommodation use on the Hotel Parcel unless and until some other use is approved. Section 1.5. In the event the CDB does not grant the rights requested under the Amended Application, or Declarant withdraws its Amended Application, then Declarant shall remain entitled to and vested under all rights granted under the Development Order, and shall remain bound to the terms and conditions thereof, and this Declaration of Restrictions shall be null and void, save and except for any rights acknowledged or granted herein to the City of Clearwater to enforce its rules, laws, and ordinances with respect to the Property. Section 1.6. Upon the issuance of the C:.O. for the condominium units on the Residential Parcel, there shall be no further rental of the ten (10) boat slips connected to the Property, and the use of said boat slips shall henceforth be limited to use by owners of said condominium units or by guests of the Hotel located on the Hotel Parcel; provided, however, that the Hotel Parcel guest use shall be limited to two of said slips, and that such limited use shall take effect twelve (12) CYaaulprvp?bunetalaet MnRMraaurdD.c cf Reuieiiona Page 3 02-2J-2007 13:27 HI SEAS MOTEL *4433955 . PAGE:4 months after the issuance of the C.O. The aforesaid limitations on the use of the boat slips shall be incorporated into the Amended Application and be subject to any required federal, state, and local approvals. ARTICLE 11 GENERAL PROVISIONS Section 2.1. Enforcement. The City of Clearwater shall have the right to enforce, by any appropriate proceeding, all conditions and restrictions now or hereafter imposed by, or pursuant to, the provisions of this Declaration. Each party shall bear its own costs and expenses thus incurred, including reasonable attorneys' tees for all trial and appellate proceedings, if any, in any litigation involving this Declaration. Section 2.2. Severability. invalidation of any particular provision of this Declaration by judgment or court order will not affect any other provision, all of which will remain in full force and effect; provided, however, any court of competent jurisdiction is hereby empowered, to the extent practicable, to reform any otherwise invalid provision of this Declaration when necessary to avoid a finding of invalidity while otherwise effectuating Declarant's intent. Section 2.3. Compliance with Law. Declarant acknowledges that, whether or not the Amended Application shall be granted, the Property shall at all times be subject to all applicable laws, rules, ordinances, and regulations, and all lawful remedies, including but not limited to state and local law requirements concerning condominium development and code enforcement proceedings and penalties established thereunder. Section 2.4. Successors and Assigns. Declarant declares that the Hotel Parcel and Residential Parcel described above shall be held, sold and conveyed subject to the conditions and restrictions stated in this Declaration of Restrictions, all of which are for the purpose of protecting the value and desirability of the Hotel Parcel and the Residential Parcel, and all of which will run with the Property and be binding upon all persons having any right, title or interest therein, or of any part therein, and their respective heirs, successors and assigns, and which will inure to the benefit of Declarant, his successors and assigns forever. (litnuTi'VeIWDutkoid#L#$nNalrvcturtAM of Ralridium Page 4 02-22-2007 13:27 HI SEAS MOTEL 0433955 • PAGE:5 IN WITNESS WHEREOF, Declarant has executed this Declaration the date stated above. DECLARANT: Witness (Print Namc l y ?? ? I l X1 K _) l 4ms (Print Name ) COUNTY OF PINELLAS) PLelllie, L* STATE OF FLORIDA ) A ivio DiVello, as Trustee of the DiVello lv? Land Trust dated August 10, 2004 The foregoing instrument was acknowledged before me this day of tkbjVA?j, 2007, by Fulvio DiVello, who is personally known to me or who produced ?? -.,. .1 as identification. NOTARY PUBLIC: - STATE OF FLORIDA My Commission Expires: MARIA GIONIS NOTARY PUBLIC - STATE OF FLORIDA COMMISSION N DD391333 MY COMMISSION EXPIREES JAN. 31, 2000 CUrnisWivellOUock*W-I-%aP Iroclone\DOC H HCSWC,11M 4 + ape 5 02-22-2007 13:27 HI SEAS MD*279933955 • PRGE:6 ©UNT1+• FI.-UFS?B?t-_.8K-X69--?•PC??038..._. LEGAL DES .RlPIDON Lots 4, 5, 6, 7, 8, 9, 10 and 11, COI,UMBLA SUBDIVISION) NO. 5. according to the map or plat thereof, as recorded in Plat book 31,1'ngc 16, Public Records of Pinellas county, Florida, also that w'plattcd pan of government lot four of Section B, 't'ownship 29 South, Range 15 Last, described as follows: Begin at the Southeast comer of Lot Eleven (11), COLUMBIA SUBDIVISION NO. FIVE (5) and nun thence South 54°25'30" east, sixty-five and eighteen hundredths (65.18) feet; thence North 12'34'30" East, two hundred seventeen and twenty-seven hundredths (217.27) feet, thence North 54'25'30" West, sixty-five and eighteen lututdredths (65.18) feet to the Easterly Nine of I.ot Nine (9) of said Subdivision, thence South 12"34'30" two hundred seventeen and twenty seven hundredths (217.27) feet to the point of beginning. G 02-22-2007 13:27 HI SEAS MOTE04433955 Kul EIIN 8016 D1.0 COUNTY ROAD No. 54 LEGAL DESCRIPTION: • PAGE,7 & S-r,&,XJB SVRV EYll`ZG. yNC PROFESSIONAL SURVEYORS AND MAPPERS NEW PORT RICHEY, FLORIDA 34653 OFFICE: 727-834-8140 FAX: 721-834-8150 SKETCH AND LEGAL DESCRIPTION: CYHIBIT "A" f. 41c. 1?'I-Oklw Q" A PARCEI. OF LAND LYING IN SECTION S. TOWNSHIP 29 SOUTH, RANGE 15 EAST. PINELLAS COUNTY, FLORIDA. BEING MORE PARTICULARLY DECRIBED AS FOLLOWS: LOTS 9, 10 AND 11 OF COLUMBIA SUBDIVISION No. 5, ACCORDING TO THE MAP OR PLAT THEREOF, AS RECORDED IN PLAT BOOK 31, PAGE 16 AND THAT POR I'ION OF LAND LYING BETWEEN LO I 11 Of SAID COLUMBIA SUBDIVISION No. 5, AND I OT 1, BLOCK A OF BAYSIDE SUBDIVISION No. 4. ACCORDINC TO THE MAP OR PLAT THEREOF, AS RECORDED IN PLAT BOOK 38, PAGES 38-39 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA. BEING FURTHER DESCRIBED AS FOLI.OWS, (THE FOLLOWING 13EING ONF IN 1 HE SAME) BEGINNING AT THE NORT'HWFST CORNER OF LOT 9 Of' COLUMBIA SUBDIVISION No. 5, ACCORDING TO THE MAP OR PLAT THEREOF, AS RECORDED IN PLAT BOOK 31, PAGE 16 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA: THENCE SOUTH 77° 25130" EAST, ALONG THE NORTH LINE OF SAID LOT 9, A DISTANCE OF 120.00 FEET: THENCE.. SOUL H 12°34'30" WEST, A DISTANCL OF 24.41 FEET; TFIENCE SOUTH 54 ° 25'30" EAST, A DISTANCE OF 65.18 FCE I 'fO THE WEST BOUNDARY OF SAID BAYSIDE SUBDIVISION No. 4: THENCE SOUTH 12° 34'30" WEST, ALONG SAID WEST BOUNDARY, A DISTANCE OF 217.27 FFET TO THE NORTHERLY RIGHT-OF-WAY LINE OF CULFVIEW BOULEVARD; THENCE NORTH 54' 25'30" WEST. ALONG SAID NORTHERLY RIGHT-OF-WAY LINE, A DISTANCE OF 195.bl FEET TO THE EASTERLY RIGHT-OF-WAY LINE OF HAMDEN DRIVE; THENCE NORTH 12° :14'30" EAST, ALONG SAID EASTERLY RICH I -OF-WAY LINE A DISTANCF OF 190.16 FEET TO I HE POINT OF BEGINNING. CONTAINING 38,365 SQUARE FEET. OR 0.8945 ACRES MORE OR I,ESS. NOTES: 1. BEARINGS AND UISTANCF SHOWN HERCON ARE BASED ON THE WEST LINE OF LOTS 4-8, OF (TAYSIDE SIIUDIVISION No. 5. ACCORDING TO THE MAP nR PLAT THEREOF, HAVING A BEARING OF SOUTH 17^31'30" WEST. 2. TIIIS IS NOT A BOUNDARY SURV[Y. BUT ONLY A LEGAL. DESCRIPTION OF THE, GRAPHIC DEPICTION AS SHOWN ON SHEET 2 OF 2 AND IS NULL ANO VOID WITHOUT BOTH SHEETS. "'& I , ze? H /*/Zp/ r BRUCE A. KLEIN DATE: PROFESSIONAL SSURVEYOR AND MAPPER FLORIDA LICENSED No. ?'SN 50b2 PHASE It- BOUNDARY tOD No. 060001.8 DATE: 02/12/07 SHEET: I OF 2 SHEETS 02-2?-2007 13:27 HI SEAS MOTE *4433955 I? H.IE I N 0016 OLD COUNTY ROAD No. 54 11 Jt Ly (DI (M) (N) P.B PG. P.O.B. 3 o 1 j 0 j o 6 ?, r? i " U r_ ! P.O.B. P. N N 1 ?c'?N j -? NORTHWEST ! `Aj CORNER OF S77 o LoT 9 12 zs 3p„e j! rn 1 0 ! p1?Up DUI( O SEU N DIN E'F1AS?-? 0> C ,-? 0 4• (FIB •?, ?' - .? . 74 11 01 -- 30, SE ?q QpOK - P, a. l pcL J sE , CL CAR WAr '4 - 24 UNPL A RTC p Rg pR - S126 4t• '? 34'30„W o _ ?•._, S5465.18, - 25130,,E LEGEND: , ? N , w , ' N W v 0 N 2 0 20 60 100 200 NOTES: ? 40 80 1. BEARINGS AND DIS(ANCE SHOWN HEREON ARE BASCO ON THE WEST LINE Of LOTS 4-8. OF BAYSIDE SUBDIVISION No. 5. ACrpHhINC TO THC MAP OR rLAT THEREOF. HAVING A BEARING Or SOUTH 12034'30" WEST. 2. THIS 15 NOT A BOUNDARY SURVEY, BUT ONLY A GRAPHIC DEPICTION Uf IHE LEGAL DESCRIPTION AS SHOWN ON SHEET 1 OF 2 AND IS NULL AND VOID WITHOUT BOTH SHEETS. PROFESSIONAL SURVEYORS AND MAPPERS NEW POR1 RICHLY. rIORIOA 341653 OFFICES 727-,834-8140 FAX: 727-834-8150 SKETCH AND LEGAL DESCRIPTION: EXHIBIT "A" ! r CaSC)TILITY J•pT 3 S 77 12 0 25'30,. &AYSJUC St-ISDIVISION OC), 2 7. pr" NA . PAGE:B 3 = DEED = MEASURED PLAT PLAT BOOK = PACE POINT OF BEGINNING 0 0 AAY5?0E S 1' BL OCk ?:? P g 3r3L)Pps 1318N39 NO 4 N PHASE 11 - BOUNDARY I JOB No. 060001.8 DATE: 02/12/071 SHEET; 2 OF 2 SHEETS 02-22-2007 13:28 HI SEAS MOTE1074433955 0 PAGE:9 KL.RltN 8c S7rA.LTB SVRV]FY1<NG, ;ENC PROFESSIONAL SURVEYORS AND MAPPERS 8016 OLD COUNTY RDAD No. 54 NEW PORT RICHFY. FLORIOA 34653 OFFICE: 727-834-8140 FAX: 727-834-8150 SKETCH AND LEGAL DESCRIPTION: EXHIBIT "A" DOCKSIDE A CONDOMINIUM LEGAL DESCRIPTION: PHASE I al Pq,., LEGAL UCSCRIPTION: C`. e'l4t1wel al r' I A PARCEL OF LAND LYING IN SECTION 8, TOWNSI IIP 29 SOUTH, RANGE 15 EAST, PINELLAS COUNTY, FLORIDA. ACING MORE PARTICULARLY DESCRIBED AS FOLLOWS: LOTS 4, 5, 6, 7 AND 8 OF COLUMBIA SUBDIVISION No. 5, ACCORDING TO THE MAP OR PLAT 1 HEREOF, AS RECORDED IN PLAT BOOK 31, PAGE 16 OF THE PUBLIC REORDS OF PINCLLAS COUNTY, FLORIDA. BEING FURTHER DESCRIBED AS. (THE FOLLOWINC BEING ONE IN TIME SAME) BEGINNING AT THE SOU I HWEST CORNER OF LOT 8 OF COLUMBIA SUBDIVISION No. 5, ACCORDING TO THh. MAP OR PLAT THEREOF, AS RECORDED IN PLAT BOOK 31, PAGE 16 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA: THENCE NORTH 12° 34'30" EAST, ALONG THE EASTERLY RIGHT-OF-WAY LINE OF HAMDEN DRIVE, BEING A 60.00 FOOT RIGHT-OF-WAY, A DISTANCE OF 325.00 FEET; ]HENCE SOUTH 77°25'30" EAST, ALONG TIME NORTH LINE: OF SAII) LOT 4, A DIS I ANCE OF 219.50 FEET; THENCC SOUTH 12°34'30" WEST, A DISTANCE OF 347,90 FEET; 11-IFNCE NOR I I1 77°25':50" WEST, A DISTANCE OF 35.00 F'FFT; THENCE NORTH 32° 25'30" WEST, A DISTANCE OF 32.39 FEET TO THE EASTERLY EXTENSION OF THE SOUTH LINE OF SAID LOT B. THENCE NORTH 77° 25'30" WEST, ALONG THE EASTERLY EX TENSION OF SAIDD LOT 8, A DISTANCE OF 161,50 FEET TO THE POINT OF i3LGINNING. CONTAINING 72,401 SOI)ARE FEET, OR 1.6621 ACRES MORE OR LESS. // c II BRUCE A. KLEIN DATE! PROFESSIONAL SSURVFYOR AND MAPPER FLORIDA LICENSF,D No. PSM 5052 PHASE I • BOUNDARY JOB No. 060001.9 DATE! 02/12/07 SHFFT: IOF 2 SHFFTS 02-22t-2007 13:28 HI SEAS MOTEL 433955 • PAGE:10 K 1- IR 11 N PROFESS)ONAL SI.•IRVEY0RS AND MAPPERS 8016 OLD COUNTY ROAD No. 54 Nrw PORT RICHEY. FLORIDA 54651 OFFICE: 797-834-8140 FAX: 727-834-8150 SKETCH AND I FGAI. DESCRIPTION: EXHIBIT "A" 0 MENT_ -,-,, 1 L0F 3 577" 251,30,219.5 ? 0. W ell z ° Z -3 q Z/ % j g ? Z c„ / Q I C CL , a , T? 4 .. ! N % N OLj P.O.B. SOUTHWEST CORNER OF r LOT 8 I N7 ? rn 7 2S'30„W _ 1 " 32.39' N320 25'30"W ASE 11 'QO 4 et 9 i0-- QAY'IOf p' B• 27' PCS 1 4 N0..3 SE r ? noCK /r P.R. cllNE CLeARwq r U/4p? A R tD aeOR LEGEND: ( D) = DEED (M) MEASURED (P) = PLAT P.B. = PLAT BOOK PG. = PAGE P.Q.B. = POINT OF BEGINNING \-!L 35.00' X177° 25'30"W \ Q O &AY L07- 1 S10r 5( 0cK w S DIV P4. 38 PGS1318 3to 'I u 9 V) *-, i 0 20 60 100 200 40 HO _ NOTES: 1r 1. BEARINGS AND DISTANCE SHOWN HERCON ARE.. BASED ON IHE WEST LINE OF LOTS 4-6. OF BAYSIDE SUBDIVISION Nn. ?,. ACCORDING TO THE MAP OR PLAT THEREOF. HAVING A BEARING OF SOUTH 12'34'30" WEST, 2. HIS 15 NUf A BOUNDARY SURVEY. BUT ONLY A GRAPHIC DEPICTION OF THE LEGAL DESCRIPTION AS SHOWN ON SHEET 1 OF 2 AND IS NUII AND VOID WITHOUT BOTH SHEETS. PHASE I - BOUNDARY - JOB No, 060001.9 1 DATE: 02/12/071 SHEET; 2 OF 2 SHEETS r' U Page 1 of 3 Wells, Wayne From: Dougall-Sides, Leslie Sent: Thursday, February 22, 2007 11:23 AM To: 'Kent Runnells' Cc: Delk, Michael; Wells, Wayne; Garriott, Kevin Subject: GM07-1420-010 DiVello 445 Hamden Dr. Declaration of Restrictions Importance: High IbINumAttach: 0 MessageGUID: {B8EE166E-584E-488A-8853-6E8344A0014C} OriginalDate: None Originator: SQL Style: DiVello 445 Hamden Dr. Declaration of Restrictions Please provide evidence of execution/recordation to my office with copy to Michael Delk. City Attorneys' fax no: 562-4021; Planning fax no.: 562-4865. As you know, there can be a time lag between submission for recordation and actual recordation so it would be best to submit asap. Planning and Building are aware that the request for C.O. will be forthcoming, so have the applicant contact Building for pickup after providing the above documentation. Here is the general contact information, I am not sure which Building employee will be handling: http_//www.myclearwater.com/ oq v/depts/devel svc/Building/index.asp Please feel free to contact me if any issues arise. Thanks for your cooperation. Leslie -----Original Message----- From: Kent Runnells [mai Ito: kbrlaw@tampabay. rr.com] Sent: Thursday, February 22, 2007 10:47 AM To: Dougall-Sides, Leslie Cc: 'Mark'; housh@northsideengineering.com; 'Ken Arsenault' Subject: RE: Declaration of Restrictions Thanks Leslie. I was unaware of the 7 day use you indicated. I will advise my client accordingly. Please let me know how you want to handle the logisticis of executing the Declaration and picking up the C.O. Thanks again for the quick turnaround, Kent Kent Runnells Kent Runnells, P.A. 101 Main Street, Suite A Safety Harbor, FL 34695 Voice: 727-726-2728 Fax: 727-724-0879 This message and any attachments are solely for the intended recipient and may contain information that is confidential or legally privileged under applicable law. If you are not the intended recipient, any disclosure, copying, use or distribution of the information included in the message and any attachments is prohibited. If you have received this communication in error, please notify us by reply e-mail and immediately and permanently delete this message and any attachments. Thank you. 2/22/2007 • 0 Page 2 of 3 From: Leslie. Dougall-Sides@myClearwater.com [mailto:Leslie. Dougall-Sides@myClearwater.com] Sent: Thursday, February 22, 2007 10:35 AM To: kbrlaw@tampabay.rr.com Cc: michael.delk@MyClearwater.com; Wayne.Wells@myClearwater.com Subject: RE: Declaration of Restrictions Importance: High Kent, we have no problem with the two revisions. On another topic, it has come to the City's attention that the 445 Hamden property is being marketed as allowing "short-term" [7-day minimum] rentals. See website: httt//www.docksideclearwaterbeach.com/ Please be advised that the Community Development Code treats such a use as Overnight Accommodations. The use is available in the "T" Zoning District through Flexible Standard [Sec. 2-802] or Flexible [Sec. 2- 803] development approval under certain conditions. The requested C.O. on the Residential Parcel does not include the overnight accommodations use. You may wish to advise the project's marketers accordingly. -----Original Message----- From: Kent Runnells [ma ilto: kbrlaw@tampa bay. rr.com] Sent: Wednesday, February 21, 2007 12:06 PM To: Dougall-Sides, Leslie; Delk, Michael Cc: 'Ken Arsenault'; 'Mark'; housh@northsideengineering.com Subject: FW: Declaration of Restrictions Leslie: I hate to throw a fly in the ointment at the last minute, but last night I finally got a response from Fulvio's condo lawyer, who had not yet commented on the document. He raised some points with respect to the document, and its possilbe impact on condo sales. I have addressed his concerns: Please review my revisions to sec 1.3 (eliminating the reference to "issues" surrounding the Residental Parcel) and also the change to Sec. 1.5 addressing the prospect of a withdrawal of the Amended Application for whatever reason. My intent here is that if the Amended Application is withdrawn, Fulvio will be right back where he started, and will have to demo the hotel building and commence construction of the condo project on the southern parcel withing the time required under the Development Order, as extended. Again, my apologies for this last minute issue. Thanks, Kent Kent Runnells Kent Runnells, P.A. 101 Main Street, Suite A Safety Harbor, FL 34695 Voice: 727-726-2728 Fax: 727-724-0879 This message and any attachments are solely for the intended recipient and may contain information that is confidential or legally privileged under applicable law. If you are not the intended recipient, any disclosure, copying, use or distribution of the information included in the message and any attachments is prohibited. If you have received this communication in error, please notify us by reply e-mail and immediately and permanently delete this message and any attachments. Thank you. From: Kent Runnells, P.A. [mailto:krpalaw@tampabay.rr.com] Sent: Wednesday, February 21, 2007 11:57 AM To: Kent Runnells Subject: Declaration of Restrictions 2/22/2007 0 0 Page 3 of 3 Kent Runnells Kent Runnells, P.A. 101 Main Street, Suite A Safety Harbor, FL 34695 Voice: 727-726-2728 Fax: 727-724-0879 This message and any attachments are solely for the intended recipient and may contain information that is confidential or legally privileged under applicable law. If you are not the intended recipient, any disclosure, copying, use or distribution of the information included in the message and any attachments is prohibited. If you have received this communication in error, please notify us by reply e-mail and immediately and permanently delete this message and any attachments. Thank you. 2/22/2007 do 0 Wells, Wayne From: Dougall-Sides, Leslie Sent: Thursday, February 22, 2007 10:35 AM To: 'Kent Runnells' Cc: Delk, Michael; Wells, Wayne Subject: RE: Declaration of Restrictions Importance: High Kent, we have no problem with the two revisions. • Page 1 of 2 On another topic, it has come to the City's attention that the 445 Hamden property is being marketed as allowing "short-term" [7-day minimum] rentals. See website: http://www.docksideclearwaterbeach.com/ Please be advised that the Community Development Code treats such a use as Overnight Accommodations. The use is available in the "T" Zoning District through Flexible Standard [Sec. 2-802] or Flexible [Sec. 2-803] development approval under certain conditions. The requested C.O. on the Residential Parcel does not include the overnight accommodations use. You may wish to advise the project's marketers accordingly. -----Original Message----- From: Kent Runnells [mailto:kbrlaw@tampabay.rr.com] Sent: Wednesday, February 21, 2007 12:06 PM To: Dougall-Sides, Leslie; Delk, Michael Cc: 'Ken Arsenault'; 'Mark'; housh@northsideengineering.com Subject: FW: Declaration of Restrictions Leslie: I hate to throw a fly in the ointment at the last minute, but last night I finally got a response from Fulvio's condo lawyer, who had not yet commented on the document. He raised some points with respect to the document, and its possilbe impact on condo sales. I have addressed his concerns. Please review my revisions to sec 1.3 (eliminating the reference to "issues" surrounding the Residental Parcel) and also the change to Sec. 1.5 addressing the prospect of a withdrawal of the Amended Application for whatever reason. My intent here is that if the Amended Application is withdrawn, Fulvio will be right back where he started, and will have to demo the hotel building and commence construction of the condo project on the southern parcel withing the time required under the Development Order, as extended. Again, my apologies for this last minute issue. Thanks, Kent Kent Runnells Kent Runnells, P.A. 101 Main Street, Suite A Safety Harbor, FL 34695 Voice: 727-726-2728 Fax: 727-724-0879 This message and any attachments are solely for the intended recipient and may contain information that is confidential or legally privileged under applicable law. If you are not the intended recipient, any disclosure, copying, use or distribution of the information included in the message and any attachments is prohibited. If you have received this communication in error, please notify us by reply e-mail and immediately and permanently delete this message and any attachments. Thank you. From: Kent Runnells, P.A. [mailto:krpalaw@tampabay.rr.com] Sent: Wednesday, February 21, 2007 11:57 AM 2/22/2007 t . • Page 2 of 2 To: Kent Runnells Subject: Declaration of Restrictions Kent Runnells Kent Runnells, P.A. 101 Main Street, Suite A Safety Harbor, FL 34695 Voice: 727-726-2728 Fax: 727-724-0879 This message and any attachments are solely for the intended recipient and may contain information that is confidential or legally privileged under applicable law. If you are not the intended recipient, any disclosure, copying, use or distribution of the information included in the message and any attachments is prohibited. If you have received this communication in error, please notify us by reply e-mail and immediately and permanently delete this message and any attachments. Thank you. 2/22/2007 0 0 Wells, Wayne From: Delk, Michael Sent: Wednesday, February 21, 2007 4:57 PM To: Dougall-Sides, Leslie Cc: Wells, Wayne Subject: FW: 445 Hamden Leslie - FYI. It has come to our attention that as we work hard to accommodate their need they advertise the project in a manner inconsistent with the approved use. Please note the seven day minimum rental being advertised for what is condominium residential development. I find this troubling. mld www.docksideclearwaterbeach.com 0 0 Wells, Wayne From: Dougall-Sides, Leslie Sent: Wednesday, February 21, 2007 11:18 AM To: 'kbrlaw@tampabay.rr.com' Cc: Akin, Pam; Delk, Michael; Wells, Wayne; Garriott, Kevin Subject: GM07-1420-010 DiVello 445 Hamden Dr. Declaration of Restrictions: Dockside Condominiums IblNumAttach: 2 MessageGUID: {8CFOF632-F4B1-4BF9-8254-7596FF6B79F3) OriginalDate: None Originator: SQL Style: DiVello 445 Hamden Dr. Declaration of Restrictions Kent, I made one change re strikethru and underline commas in Sec. 1.4, line 6. Attached are the Final Version and Exhibits A, B, B-1, C, and C-1. Please provide documentation of execution and recordation of the Declaration of Restrictions to me once completed. Michael, please undertake final review and if acceptable, advise Building that once documentation of execution and recordation is received by the City and assuming that all Building requirements are met, the applicable C.O. should issue. DEC OF Exhibits A, B, B-1, -RICrIONS FINAL 2- C, and C-1... Leslie K. Dougall-Sides Assistant City Attorney City of Clearwater P.O. Box 4748 Clearwater, Florida 33758 (727)562-4010 phone (727) 562-4021 fax Board Certified in City, County and Local Government Law Admitted in Florida, Oregon, and the District of Columbia Senior Professional in Human Resources 0 0 DECLARATION OF RESTRICTIONS THIS DECLARATION OF RESTRICTIONS is made this day of , 2007, by Fulvio DiVello, as Trustee of the DiVello Land Trust dated August 10, 2004, hereinafter referred to as "Declarant." WITNESSETH WHEREAS, Declarant is the sole owner of certain lands in Pinellas County, Florida, more particularly described on Exhibit "A" attached hereto, and incorporated herein by reference, and called the "Property" in this Declaration; and WHEREAS, for a period of many years, all of the Property has been improved with a hotel facility, and used as an overnight accommodation use; and WHEREAS, Declarant has made application to the City of Clearwater, Florida Community Development Board ("CDB") Application No. FLD2005-05051 ("Application"), to change the lawfully permitted use of the Property to attached residential use ("Residential Use"); and WHEREAS, pursuant to the Application, the CDB approved the use of the entire Property solely and exclusively as a Residential Use, (the "CDB Approval") and not for any Hotel Use on any part of the Property; and WHEREAS, notwithstanding such CDB Approval exclusively for Residential Use, Declarant now desires to continue to use a part of the Property (that part being more fully described in Exhibit "B" attached hereto and being incorporated herein by reference, and further being referred to herein as the "Hotel Parcel") for a hotel use ("Hotel Use"), into the foreseeable future, in lieu of Residential Use; and WHEREAS, by virtue of the fact that Declarant's current and desired continuation of such Hotel Use on the Hotel Parcel would be inconsistent with the mandates of the Development Order issued in connection with Case No. FLD2005-05051 (the "Development Order"), the City of Clearwater has not issued a Certificate of Occupancy ("C.O.") for Residential Use on that part of the property currently improved with thirty-one (31) residential condominium units (which property is more fully described on Exhibit "C" attached hereto and incorporated herein by reference, and which is hereinafter referred to as the "Residential Parcel"), but has expressed its willingness to issue such C.O. as an accommodation to Declarant in consideration of the obligations and undertakings of Declarant set forth herein; and WHEREAS, on January 16, 2007, pursuant to the request of the Declarant, the CDB did extend to February 16, 2008, the deadline for the Declarant to comply with the Development Order entered by the CDB pursuant to the Application, (the "Development Order") to allow time Clients\DiVelloDocksideLoanRestructure\DecotRestrictions Page 1 0 0 for the Declarant to amend its Application to request a Flexible Development Application to allow for the continued Hotel Use of the Hotel Parcel notwithstanding the requirements of the Development Order (the "Amended Application"); and WHEREAS, Declarant now desires to amend the Application to allow Declarant to continue to operate the Hotel Parcel as an overnight accommodation unless/until some other use is approved; and WHEREAS, Declarant has not yet had the opportunity to bring before CDB its Amended Application requesting that the Hotel Use be allowed to continue; and WHEREAS, in order to allow for the City to issue the C.O. for the Residential Parcel while Declarant's Amended Application is pending, Declarant is willing to renounce prospectively certain rights with respect to the use of the Hotel Parcel, which rights include the right to construct on the Hotel Parcel fifty-two (52) attached residential condominium units, and Declarant is also willing to agree to all of the terms and conditions set forth herein; NOW, THEREFORE, in consideration of the above recitals which are true and correct, and intending to be legally bound to the terms hereof, Declarant declares that the Hotel Parcel and Residential Parcel described above shall be held, sold and conveyed subject to the following conditions and restrictions, all of which are for the purpose of protecting the value and desirability of the Hotel Parcel and the Residential Parcel, and all of which will run with the Property and be binding upon all persons having any right, title or interest therein, or of any part therein, and their respective heirs, successors and assigns, and which will inure to the benefit of Declarant, his successors and assigns forever. ARTICLE I RESTRICTIONS ON USE OF THE PROPERTY Section 1.1. Declarant agrees to file, within sixty (60) days of the execution by Declarant and acceptance by the CDB of this Declaration of Restrictions, its Amended Application regarding the continued Hotel Use of the Hotel Parcel, and upon filing such Application Declarant shall make every reasonable effort to conclude the process of development approval within 120 days of application submittal, notwithstanding delay that may occur from time to time due to staff or project representative need for additional time to resolve issues which may arise. Said Application shall include, pursuant to Community Development Code Section 4-202(6.), a description of the property which is the subject of the Application documenting that a property line has been established along the existing lot lines. Section 1.2 In the event the CDB grants the Declarant's request under the Amended Application to allow for Hotel Use, then and in said event the Property shall henceforth, in perpetuity, be limited to such uses and densities as are allowed, from time to time, under all applicable zoning and land use laws, ordinances, rules and regulations promulgated by any Federal, State, County, Municipal or quasi-governmental agency having jurisdiction and control Clients\DiVelloDocksideLoanRestructure\DecofRestrictions Page 2 0 0 over such matters with respect to the Property, including, but not being limited to, the limitations on the density of residential condominium units set forth in the Development Order entered in connection with the Amended Application. Section 1.3. Declarant acknowledges the existence of unresolved issues regarding the Residential Use of the Residential Parcel and the Hotel Use of the Hotel Parcel, including, but not being limited to, meeting all applicable parking, ingress and egress requirements, which requirements will be met by Declarant through one or more easement or joint use agreements with respect to and by and between the Hotel Parcel and the Residential Parcel. Section 1.4. In order to allow for the City to issue the C.O. for the Residential Parcel, Declarant hereby renounces prospectively certain rights with respect to the use of the Hotel Parcel, which rights include the right to construct on the Hotel Parcel fifty-two (52) attached residential condominium units. Declarant acknowledges that the restrictions on use hereby imposed will reduce considerably from fifty-two (52), to a number which may not be ascertainable at this time but is estimated to be twenty-two (22), the number of attached residential condominium units which are allowed to be built, constructed and improved on the Hotel Parcel. In consideration of Declarant's deducting said units from the Hotel Parcel, Declarant is maintaining units on the Residential Parcel which were subject to the Termination of Nonconformity determination. Declarant shall continue to operate an overnight accommodation use on the Hotel Parcel unless and until some other use is approved. Section 1.5. In the event the CDB does not grant the rights requested under the Amended Application, then Declarant shall remain entitled to and vested under all rights granted under the Development Order, and this Declaration of Restrictions shall be null and void, save and except for any rights acknowledged or granted herein to the City of Clearwater to enforce its rules, laws, and ordinances with respect to the Property. Section 1.6. Upon the issuance of the C.O. for the condominium units on the Residential Parcel, there shall be no further rental of the ten (10) boat slips connected to the Property, and the use of said boat slips shall henceforth be limited to use by owners of said condominium units or by guests of the Hotel located on the Hotel Parcel; provided, however, that the Hotel Parcel guest use shall be limited to two of said slips, and that such limited use shall take effect twelve (12) months after the issuance of the C.O. The aforesaid limitations on the use of the boat slips shall be incorporated into the Amended Application and be subject to any required federal, state, and local approvals. ARTICLE II GENERAL PROVISIONS Section 2.1. Enforcement. The City of Clearwater shall have the right to enforce, by any appropriate proceeding, all conditions and restrictions now or hereafter imposed by, or pursuant to, the provisions of this Declaration. Each party shall bear its own costs and expenses thus Clients\DlVelloDocksideLoanRestructure\Dec of Restrictions Page 3 0 0 incurred, including reasonable attorneys' fees for all trial and appellate proceedings, if any, in any litigation involving this Declaration. Section 2.2. Severability. Invalidation of any particular provision of this Declaration by judgment or court order will not affect any other provision, all of which will remain in full force and effect; provided, however, any court of competent jurisdiction is hereby empowered, to the extent practicable, to reform any otherwise invalid provision of this Declaration when necessary to avoid a finding of invalidity while otherwise effectuating Declarant's intent. Section 2.3. Compliance with Law. Declarant acknowledges that, whether or not the Amended Application shall be granted, the Property shall at all times be subject to all applicable laws, rules, ordinances, and regulations, and all lawful remedies, including but not limited to state and local law requirements concerning condominium development and code enforcement proceedings and penalties established thereunder. Section 2.4. Successors and Assigns. Declarant declares that the Hotel Parcel and Residential Parcel described above shall be held, sold and conveyed subject to the conditions and restrictions stated in this Declaration of Restrictions, all of which are for the purpose of protecting the value and desirability of the Hotel Parcel and the Residential Parcel, and all of which will run with the Property and be binding upon all persons having any right, title or interest therein, or of any part therein, and their respective heirs, successors and assigns, and which will inure to the benefit of Declarant, his successors and assigns forever. Clients\DiVelloDocksideLoanRestructure\DecofRestrictions Page 4 0 1 0 IN WITNESS WHEREOF, Declarant has executed this Declaration the date stated above. DECLARANT: Fulvio DiVello, as Trustee of the DiVello Land Trust dated August 10, 2004 Witness (Print Name ) Witness (Print Name STATE OF FLORIDA ) COUNTY OF PINELLAS) The foregoing instrument was acknowledged before, me this day of 52007, by Fulvio DiVello, who is personally known to me or who produced as identification. NOTARY PUBLIC - STATE OF FLORIDA My Commission Expires: Clients\DiVelloDocksideLoanRestructure\Dec of Restrictions Page 5 EXHIBIT "A" LEGAL DESCRIPTION OF OVERALL PARCEL (the Property) Clients\DiVelloDocksideLoanRestructure\Dec of Restrictions Page 6 EXHIBIT "B" LEGAL DESCRIPTION OF HOTEL PARCEL :J Clients\DiVelloDocksideLoanRestructure\DecofRestrictions Page 7 EXHIBIT "C" LEGAL DESCRIPTION OF RESIDENTIAL PARCEL • Clients\DiVeltoDocksideLoanRestructure\Dec of Restrictions Page 8 LEGAL DESCRIPTION Lots 4, 5, 6, 7, 8, 9, 10 and 11, COLUMBIA SUBDIVISION NO. 5, according to the map or plat thereof, as recorded in Plat book 31, Page 16, Public Records of Pinellas county, Florida, also that unplatted part of government lot four of Section B, Township 29 South, Range 15 East, described as follows: Begin at the Southeast comer of Lot Eleven (11), COLUMBIA SUBDIVISION NO. FIVE (5) and run thence South 54°25'30" east, sixty-five and eighteen hundredths (65.18) feet; thence North 12°34'30" East, two hundred seventeen and twenty-seven hundredths (217.27) feet, thence North 54°25'30" West, sixty-five and eighteen hundredths (65.18) feet to the Easterly Nine of Lot Nine (9) of said Subdivision, thence South 12°34'30" two hundred seventeen and twenty seven hundredths (217.27) feet to the point of beginning. x I ¢ ?43 ( 7- O ve?a // /'C? J Ce % ? ]E i' ][ N 8016 OLD COUNTY ROAD No. 54 LEGAL DESCRIPTION: JV S-CA?.TjB SUIE VIE-f-IWO, ][N(C PROFESSIONAL SURVEYORS AND MAPPERS NEW PORT RICHEY. FLORIDA 34653 OFFICE: 727-834-8140 FAX: 727-834-8150 SKETCH AND LEGAL DESCRIPTION: EXHIBIT "A" A/0 TEL CMG A PARCEL OF LAND LYING IN SECTION 8, TOWNSHIP 29 SOUTH, RANGE 15 EAST, PINELLAS COUNTY, FLORIDA. BEING MORE PARTICULARLY DECRIBED AS FOLLOWS: LOTS 9, 10 AND 11 OF COLUMBIA SUBDIVISION No. 5, ACCORDING TO THE MAP OR PLAT THEREOF, AS RECORDED IN PLAT BOOK 31, PAGE 16 AND THAT PORTION OF LAND LYING BETWEEN LOT 11 OF SAID COLUMBIA SUBDIVISION No. 5, AND LOT 1, BLOCK A OF BAYSIDE SUBDIVISION No. 4, ACCORDING TO THE MAP OR PLAT THEREOF, AS RECORDED IN PLAT BOOK 38, PAGES 38-39 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA. BEING FURTHER DESCRIBED AS FOLLOWS, (THE FOLLOWING BEING ONE IN THE SAME): BEGINNING AT THE NORTHWEST CORNER OF LOT 9 OF COLUMBIA SUBDIVISION No. 5, ACCORDING TO THE MAP OR PLAT THEREOF, AS RECORDED IN PLAT BOOK 31, PAGE 16 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA; THENCE SOUTH 77° 25'30" EAST, ALONG THE NORTH LINE OF SAID LOT 9, A DISTANCE OF 120.00 FEET; THENCE SOUTH 12 34'30" WEST, A DISTANCE OF 24.41 FEET; THENCE SOUTH 54° 25'30" EAST, A DISTANCE OF 65.18 FEET TO THE WEST BOUNDARY OF SAID BAYSIDE SUBDIVISION No. 4; THENCE SOUTH 12° 34'30" WEST, ALONG SAID WEST BOUNDARY, A DISTANCE OF 217.27 FEET TO THE NORTHERLY RIGHT-OF-WAY LINE OF GULFVIEW BOULEVARD; THENCE NORTH 54° 25'30" WEST, ALONG SAID NORTHERLY RIGHT-OF-WAY LINE, A DISTANCE OF 195.54 FEET TO THE EASTERLY RIGHT-OF-WAY LINE OF HAMDEN DRIVE; THENCE NORTH 12° 34'30" EAST, ALONG SAID EASTERLY RIGHT-OF-WAY LINE A DISTANCE OF 190.16 FEET TO THE POINT OF BEGINNING. CONTAINING 38,965 SQUARE FEET, OR 0.8945 ACRES MORE OR LESS. NOTES: 1. BEARINGS AND DISTANCE SHOWN HEREON ARE BASED ON THE WEST LINE OF LOTS 4-8, OF BAYSIDE SUBDIVISION No. 5. ACCORDING TO THE MAP OR PLAT THEREOF, HAVING A BEARING OF SOUTH 12°34'30".WEST. 2. THIS IS NOT A BOUNDARY SURVEY, BUT ONLY A LEGAL DESCRIPTION OF THE GRAPHIC DEPICTION AS SHOWN ON SHEET 2 OF 2 AND IS NULL AND VOID WITHOUT BOTH SHEETS. Z91-1,; H f, ; &. 4. BRUCE A. KLEIN PROFESSIONAL SSURVEYOR AND MAPPER FLORIDA LICENSED No. PSM 5052 DATE: PHASE II - BOUNDARY JOB No. 060001.8 1 DATE: 02/12/07 SHEET: 1 OF 2 SHEETS ]E I-F-I[N S7rAUB SLTII$VIE'YlWG, ]INC PROFESSIONAL SURVEYORS AND MAPPERS 8016 OLD COUNTY ROAD No. 54 NEW PORT RICHEY, FLORIDA 34653 OFFICE: 727-834-8140 FAX: 727-834-8150 SKETCH AND LEGAL DESCRIPTION: EXHIBIT "A" 1 I 1 1 ?I W ?-w/ 2.0, L/ T/L / Ty EASEMENT- LOT 3 S'77° 25'30,,C 00 p ?QI o / i Z c) Q- r O G,zl L Q? Q 1 ,° J 7 P.O.B. 1 Z • Q X NORTHWEST / L = i CORNER OF S7 7 ° I LOT 9 I 25'3n„ 1 _' _20.00' E i (o ===- I' W I PROP i Z UIL NGD \ I PHASE ll 01- C?`/-f//S'Oti 0 /9 S S , r e0( / 'QO 0 0 N rl) 3 , O r r , a N i r , r .? N Lu O M V N Z 0 20 60 100 200 NOTES: 40 80 ? 1. BEARINGS AND DISTANCE SHOWN HEREON ARE BASED ON THE WEST LINE OF LOTS 4-81 OF BAYSIDE SUBDIVISION No. 5. ACCORDING TO THE MAP OR PLAT THEREOF, HAVING A BEARING OF SOUTH 12034'30" WEST. 2. THIS IS NOT A BOUNDARY SURVEY. BUT ONLY A GRAPHIC DEPICTION OF THE LEGAL DESCRIPTION AS SHOWN ON SHEET 1 OF 2 AND IS NULL AND VOID WITHOUT BOTH SHEETS. gA'rSIOE P. B 22 8 PI GSION No , SETBACK CK , P. B• 31, PGL INGE CL EAR WA TER UNP A Ep RBOR 4 7' 0 W _ S 120, 4 3 6 25 8 S5430 "E LEGEND: (D) (M) (P) P. B. PG. P. 0.B 3 = DEED = MEASURED = PLAT = PLAT BOOK = PAGE = POINT OF BEGINNING \ O O u LOT = BAYS/0E S 1, BLOCK w p B' 38. PCS 110N No. 38-'3 9 cn PHASE 11 - BOUNDARY JOB No. 060001.8 DATE: 02/12/07 SHEET: 2 OF 2 SHEETS ][?]L,TEIIN - S-rATJB SUP, VIEYWC3, ][N(C PROFESSIONAL SURVEYORS AND MAPPERS 8016 OLD COUNTY ROAD No. 54 NEW PORT RICHEY, FLORIDA 34653 OFFICE: 727-834-8140 FAX: 727-834-8150 SKETCH AND LEGAL DESCRIPTION: EXHIBIT "A" DOCKSIDE - A CONDOMINIUM LEGAL DESCRIPTION: PHASE I LEGAL DESCRIPTION: Cs/e-A4 Qlfae4ea/ of C? A PARCEL OF LAND LYING IN SECTION 8, TOWNSHIP 29 SOUTH, RANGE 15 EAST, PINELLAS COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: LOTS 4, 5, 6, 7 AND 8 OF COLUMBIA SUBDIVISION No. 5, ACCORDING TO THE MAP OR PLAT THEREOF, AS RECORDED IN PLAT BOOK 31, PAGE 16 OF THE PUBLIC REORDS OF PINELLAS COUNTY, FLORIDA. BEING FURTHER DESCRIBED AS, (THE FOLLOWING BEING ONE IN THE SAME): BEGINNING AT THE SOUTHWEST CORNER OF LOT 8 OF COLUMBIA SUBDIVISION No. 5, ACCORDING TO THE MAP OR PLAT THEREOF, AS RECORDED IN PLAT BOOK 31, PAGE 16 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA; THENCE NORTH 12° 34'30" EAST, ALONG THE EASTERLY RIGHT-OF-WAY LINE OF HAMDEN DRIVE, BEING A 60.00 FOOT RIGHT-OF-WAY, A DISTANCE OF 325.00 FEET; THENCE SOUTH 77° 25'30" EAST, ALONG THE NORTH LINE OF SAID LOT 4, A DISTANCE OF 219.50 FEET; THENCE SOUTH 12° 34'30" WEST, A DISTANCE OF 347.90 FEET; THENCE NORTH 77° 25'30" WEST, A DISTANCE OF 35.00 FEET; THENCE NORTH 32° 25'30" WEST, A DISTANCE OF 32.39 FEET TO THE EASTERLY EXTENSION OF THE SOUTH LINE OF SAID LOT 8; THENCE NORTH 77° 25'30" WEST, ALONG THE EASTERLY EXTENSION OF SAIDD LOT 8, A DISTANCE OF 161.60 FEET TO THE POINT OF BEGINNING. CONTAINING 72,401 SQUARE FEET, OR 1.6621 ACRES MORE OR LESS. BRUCE A. KLEIN PROFESSIONAL SSURVEYOR AND MAPPER FLORIDA LICENSED No. PSM 5052 DATE: PHASE I- BOUNDARY J JOB No. 060001.9 1 DATE: 02/12/07 1 SHEET: 1 OF 2 SHEETS KILBl1ST (OW SrAlTJB SLTa-"V1E'Y]W(3, 11"%,ZC PROFESSIONAL SURVEYORS AND MAPPERS 8016 OLD COUNTY ROAD No. 54 NEW PORT RICHEY, FLORIDA 34653 OFFICE: 727-834-8140 FAX: 727-834-8150 SKETCH AND LEGAL DESCRIPTION: EXHIBIT "A" 2. o, U T/L EASEMENTY 1 ti, 1 ' 1 LOT 3 S77-25,,30,,C . 219.50 3 wl C) If Q / o Z O Q-/ ' Lil F- i- N X -J/ = to -'z d? It z toQl ?° L N ti P.O.B. SOUTHWEST % CORNER OF LOT 8 / I o N772o 25 30„w 2 /LLJ 0 32.39' N320 25'30"W l N PROP %I I Z PH??S?NG IN &0 S ? 'QO 6 rn 2 3 5 _S_ 8 -_ 9 '10 eAYSIpE P- S 2 7B p1 Gs ION No 3 74 SET O POCK P, B, eACPG 6 LINE CL EA??P? ER HARE ATTED oR LEGEND: (D) = DEED (M) = MEASURED (P) = PLAT P.B. = PLAT BOOK PG. = PAGE P.O.B. = POINT OF BEGINNING ' 35.00' 77° 25'30"W 0 0 LOT 1, SAYS IDE SVBBL OCK A B 38PCS.13?8- ON < g o 4 < 0 20 60 100 200 NOTES: G ,G`? /-/- ,, 40 80 I' _ ' 1. BEARINGS AND DISTANCE SHOWN HEREON ARE BASED ON THE WEST LINE OF LOTS 4-8. OF BAYSIDE SUBDIVISION No. 5. ACCORDING TO THE MAP OR PLAT THEREOF. HAVING A BEARING OF SOUTH 12°34'30" WEST. 2. THIS IS NOT A BOUNDARY SURVEY, BUT ONLY A GRAPHIC DEPICTION OF THE LEGAL DESCRIPTION AS SHOWN ON SHEET 1 OF 2 AND IS NULL AND VOID WITHOUT BOTH SHEETS. PHASE I - BOUNDARY JOB No. 060001.9 DATE: 02/12/07 SHEET: 2 OF 2 SHEETS yv el{ome to DockSide ClearwoBeach Page 1 of 2 > Nome Dockside Features Floor Plans View Contract About Clearwater Beach Co Condo Sus on Famous Ceroe ac Fir. Lowest Price Per Square Foot for Waterfront Living on Clearwater Beach! HOW; 1U, at r r a knr Development. Value, appreciation and. an opportunity to own your own on ominilum in one r of the, remten ones f florid. is Ati awaiting you of a air1 priced 1> Views from your Living Room and Private Balconies (Some units are without balconies) (Pictures were taken in the model 601) Attention Boaters! Park your boat directly in front of your condo! Deep Water Boat Slips Available Some slips accommodate 60 ft Boats! Contact Information Corporate Office: http://www.docksideclearwaterbeach.com/ It and Bedrooms PeN o e Seven Day f in,imut n No Minimum days for use of great Rental Investment, or o NE iHurr they won't last long Qt th" EXIoy tte (reanwterBear?; Telephone: (727) 584-7355 2/21/2007 We1M ome to DockSide Clearw#f Beach • Page 2 of 2 A vliw rrom th4 T" 645 Bayway Blvd. (727) 449-2616 Clearwater Beach, FL 33767 FAX: (727) 585-2083 Sales & General Information: info _ viewpoint-realty.com Immigration & International Investments: immigration .viewpoint-realty.coi Copyright 2006 - All Rights Reserved Site Design and Maintenance by Webpaage-Builders. Inc. For Website questions, e-mail webmaster@viewpoint-realty.com http://www.docksideclearwaterbeach.com/ 2/21/2007 Page 1 of 2 Wells, Wayne From: Dougall-Sides, Leslie Sent: Tuesday, February 20, 2007 5:34 PM To: 'kbrlaw@tampabay.rr.com' Cc: Delk, Michael; Wells, Wayne; Garriott, Kevin Subject: RE: DEC OF RESTRICTIONS Importance: High Kent, we just got out of our 1:00 CDB meeting. I will review your final version [attached] against my Friday version, plus comments, tonight and if ok and Planning notifies Kevin Garriott to release C.O., you should be able to receive tomorrow. Leslie K. Dougall-Sides Assistant City Attorney City of Clearwater P.O. Box 4748 Clearwater, Florida 33758 (727) 562-4010 phone (727) 562-4021 fax Board Certified in City, County and Local Government Law Admitted in Florida, Oregon, and the District of Columbia Senior Professional in Human Resources -----Original Message----- From: Kent Runnells [mailto:kbrlaw@tampabay.rr.com] Sent: Tuesday, February 20, 2007 4:45 PM To: Dougall-Sides, Leslie Cc: 'Mark'; housh@northsideengineering.com; 'Ken Arsenault' Subject: FW: DEC OF RESTRICTIONS Leslie: here is the document in what i believe to be final, execution form. pleae indicate your apporval so that i may move forward with having fulvio execute it. thanks, kent Kent Runnells Kent Runnells, P.A. 101 Main Street, Suite A Safety Harbor, FL 34695 Voice: 727-726-2728 Fax: 727-724-0879 This message and any attachments are solely for the intended recipient and may contain information that is confidential or legally privileged under applicable law. If you are not the intended recipient, any disclosure, copying, use or distribution of the information included in the message and any attachments is prohibited. If you have received this communication in error, please notify us by reply e-mail and immediately and permanently delete this message and any attachments. Thank you. i From: Kent Runnells, P.A. [mailto:krpalaw@tampabay.rr.com] Sent: Tuesday, February 20, 2007 4:24 PM 2/20/2007 4,, W 0 . Page 2 of 2 To: Kent Runnells Subject: DEC OF RESTRICTIONS Kent Runnells Kent Runnells, P.A. 101 Main Street, Suite A Safety Harbor, FL 34695 Voice: 727-726-2728 Fax: 727-724-0879 This message and any attachments are solely for the intended recipient and may contain information that is confidential or legally privileged under applicable law. If you are not the intended recipient, any disclosure, copying, use or distribution of the information included in the message and any attachments is prohibited. If you have received this communication in error, please notify us by reply e-mail and immediately and permanently delete this message and any attachments. Thank you. 2/20/2007 0 • DECLARATION OF RESTRICTIONS THIS DECLARATION OF RESTRICTIONS is made this day of , 2007, by Fulvio DiVello, as Trustee of the DiVello Land Trust dated August 10, 2004, hereinafter referred to as "Declarant." WITNESSETH WHEREAS, Declarant is the sole owner of certain lands in Pinellas County, Florida, more particularly described on Exhibit "A" attached hereto, and incorporated herein by reference, and called the "Property" in this Declaration; and WHEREAS, for a period of many years, all of the Property has been improved with a hotel facility, and used as an overnight accommodation use; and WHEREAS, Declarant has made application to the City of Clearwater, Florida Community Development Board ("CDB") Application No. FLD2005-05051 ("Application"), to change the lawfully permitted use of the Property to attached residential use ("Residential Use"); and WHEREAS, pursuant to the Application, the CDB approved the use of the entire Property solely and exclusively as a Residential Use, (the "CDB Approval") and not for any Hotel Use on any part of the Property; and WHEREAS, notwithstanding such CDB Approval exclusively for Residential Use, Declarant now desires to continue to use a part of the Property (that part being more fully described in Exhibit "B" attached hereto and being incorporated herein by reference, and further being referred to herein as the "Hotel Parcel") for a hotel use ("Hotel Use"), into the foreseeable future, in lieu of Residential Use; and WHEREAS, by virtue of the fact that Declarant's current and desired continuation of such Hotel Use on the Hotel Parcel would be inconsistent with the mandates of the Development Order issued in connection with Case No. FLD2005-05051 (the "Development Order"), the City of Clearwater has not issued a Certificate of Occupancy ("C.O.") for Residential Use on that part of the property currently improved with thirty-one (31) residential condominium units (which property is more fully described on Exhibit "C" attached hereto and incorporated herein by reference, and which is hereinafter referred to as the "Residential Parcel"), but has expressed its willingness to issue such C.O. as an accommodation to Declarant in consideration of the obligations and undertakings of Declarant set forth herein; and WHEREAS, on January 16, 2007, pursuant to the request of the Declarant, the CDB did extend to February 16, 2008, the deadline for the Declarant to comply with the Development Order entered by the CDB pursuant to the Application, (the "Development Order") to allow time Clients\DiVelloDocksideLoanRestructure\DecotRestrictions Page 1 I • • for the Declarant to amend its Application to request a Flexible Development Application to allow for the continued Hotel Use of the Hotel Parcel notwithstanding the requirements of the Development Order (the "Amended Application"); and WHEREAS, Declarant now desires to amend the Application to allow Declarant to continue to operate the Hotel Parcel as an overnight accommodation unless/until some other use is approved; and WHEREAS, Declarant has not yet had the opportunity to bring before CDB its Amended Application requesting that the Hotel Use be allowed to continue; and WHEREAS, in order to allow for the City to issue the C.O. for the Residential Parcel while Declarant's Amended Application is pending, Declarant is willing to renounce prospectively certain rights with respect to the use of the Hotel Parcel, which rights include the right to construct on the Hotel Parcel fifty-two (52) attached residential condominium units, and Declarant is also willing to agree to all of the terms and conditions set forth herein; NOW, THEREFORE, in consideration of the above recitals which are true and correct, and intending to be legally bound to the terms hereof, Declarant declares that the Hotel Parcel and Residential Parcel described above shall be held, sold and conveyed subject to the following conditions and restrictions, all of which are for the purpose of protecting the value and desirability of the Hotel Parcel and the Residential Parcel, and all of which will run with the Property and be binding upon all persons having any right, title or interest therein, or of any part therein, and their respective heirs, successors and assigns, and which will inure to the benefit of Declarant, his successors and assigns forever. ARTICLE I RESTRICTIONS ON USE OF THE PROPERTY Section 1.1. Declarant agrees to file, within sixty (60) days of the execution by Declarant and acceptance by the CDB of this Declaration of Restrictions, its Amended Application regarding the continued Hotel Use of the Hotel Parcel, and upon filing such Application Declarant shall make every reasonable effort to conclude the process of development approval within 120 days of application submittal, notwithstanding delay that may occur from time to time due to staff or project representative need for additional time to resolve issues which may arise. Said Application shall include, pursuant to Community Development Code Section 4-202(6.), a description of the property which is the subject of the Application documenting that a property line has been established along the existing lot lines. Section 1.2 In the event the CDB grants the Declarant's request under the Amended Application to allow for Hotel Use, then and in said event the Property shall henceforth, in perpetuity, be limited to such uses and densities as are allowed, from time to time, under all applicable zoning and land use laws, ordinances, rules and regulations promulgated by any Federal, State, County, Municipal or quasi-governmental agency having jurisdiction and control Clients\DiVelloDocksideLoanRestructure\Dec of Restrictions Page 2 1.. • • over such matters with respect to the Property, including, but not being limited to, the limitations on the density of residential condominium units set forth in the Development Order entered in connection with the Amended Application. Section 1.3. Declarant acknowledges the existence of unresolved issues regarding the Residential Use of the Residential Parcel and the Hotel Use of the Hotel Parcel, including, but not being limited to, meeting all applicable parking, ingress and egress requirements, which requirements will be met by Declarant through one or more easement or joint use agreements with respect to and by and between the Hotel Parcel and the Residential Parcel. Section 1.4. In order to allow for the City to issue the C.O. for the Residential Parcel, Declarant hereby renounces prospectively certain rights with respect to the use of the Hotel Parcel, which rights include the right to construct on the Hotel Parcel fifty-two (52) attached residential condominium units. Declarant acknowledges that the restrictions on use hereby imposed will reduce considerably from fifty-two (52), to a number which may not be ascertainable at this time; but is estimated to be twenty-two (22)1 the number of attached residential condominium units which are allowed to be built, constructed and improved on the Hotel Parcel. In consideration of Declarant's deducting said units from the Hotel Parcel, Declarant is maintaining units on the Residential Parcel which were subject to the Termination of Nonconformity determination. Declarant shall continue to operate an overnight accommodation use on the Hotel Parcel unless and until some other use is approved. Section 1.5. In the event the CDB does not grant the rights requested under the Amended Application, then Declarant shall remain entitled to and vested under all rights granted under the Development Order, and this Declaration of Restrictions shall be null and void, save and except for any rights acknowledged or granted herein to the City of Clearwater to enforce its rules, laws, and ordinances with respect to the Property. Section 1.6. Upon the issuance of the C.O. for the condominium units on the Residential Parcel, there shall be no further rental of the ten (10) boat slips connected to the Property, and the use of said boat slips shall henceforth be limited to use by owners of said condominium units or by guests of the Hotel located on the Hotel Parcel; provided, however, that the Hotel Parcel guest use shall be limited to two of said slips, and that such limited use shall take effect twelve (12) months after the issuance of the C.O. The aforesaid limitations on the use of the boat slips shall be incorporated into the Amended Application and be subject to any required federal, state, and local approvals. ARTICLE II GENERAL PROVISIONS Section 2.1. Enforcement. The City of Clearwater shall have the right to enforce, by any appropriate proceeding, all conditions and restrictions now or hereafter imposed by, or pursuant to, the provisions of this Declaration. Each party shall bear its own costs and expenses thus Clients\DiVeHoDocksideLoanRestructure\Dec of Restrictions Page 3 1, ? t incurred, including reasonable attorneys' fees for all trial and appellate proceedings, if any, in any litigation involving this Declaration. Section 2.2. Severability. Invalidation of any particular provision of this Declaration by judgment or court order will not affect any other provision, all of which will remain in full force and effect; provided, however, any court of competent jurisdiction is hereby empowered, to the extent practicable, to reform any otherwise invalid provision of this Declaration when necessary to avoid a finding of invalidity while otherwise effectuating Declarant's intent. Section 2.3. Compliance with Law. Declarant acknowledges that, whether or not the Amended Application shall be granted, the Property shall at all times be subject to all applicable laws, rules, ordinances, and regulations, and all lawful remedies, including but not limited to state and local law requirements concerning condominium development and code enforcement proceedings and penalties established thereunder. Section 2.4. Successors and Assigns.. Declarant declares that the Hotel Parcel and Residential Parcel described above shall be held, sold and conveyed subject to the conditions and restrictions stated in this Declaration of Restrictions, all of which are for the purpose of protecting the value and desirability of the Hotel Parcel and the Residential Parcel, and all of which will run with the Property and be binding upon all persons having any right, title or interest therein, or of any part therein, and their respective heirs, successors and assigns, and which will inure to the benefit of Declarant, his successors and assigns forever. Clients\DiVelloDocksideLoanRestructure\DecofRestrictions Page 4 IN WITNESS WHEREOF, Declarant has executed this Declaration the date stated above. DECLARANT: Fulvio DiVello, as Trustee of the DiVello Land Trust dated August 10, 2004 Witness (Print Name ) Witness (Print Name STATE OF FLORIDA ) COUNTY OF PINELLAS ) The foregoing instrument was acknowledged before me this day of , 2007, by Fulvio DiVello, who is personally known to me or who produced as identification. Clients\DiVelloDocksideLoanRestructure\Dec of Restrictions NOTARY PUBLIC - STATE OF FLORIDA My Commission Expires: Page 5 EXHIBIT "A" LEGAL DESCRIPTION OF OVERALL PARCEL (the Property) CHents\DiVelloDocksideLoanRestructure\Dee of Restrictions Page 6 • EXHIBIT "B" LEGAL DESCRIPTION OF HOTEL PARCEL • Ctients\DiVelloDocksideLoanRestructure\DeeofRestrictions Page 7 0 EXHIBIT "C" LEGAL DESCRIPTION OF RESIDENTIAL PARCEL 0 Clients\DiVelloDocksideLoanRestructure\Dec of Restrictions Page 8 • Page 1 of X L Wells, Wayne From: Dougall-Sides, Leslie Sent: Tuesday, February 20, 2007 12:38 PM To: 'Kent Runnells' Cc: Wells, Wayne; Delk, Michael Subject: RE: dockside condos I would prefer leaving it out for the reasons previously expressed. Leslie K. Dougall-Sides Assistant City Attorney City of Clearwater P.O. Box 4748 Clearwater, Florida 33758 (727) 562-4010 phone (727) 562-4021 fax Board Certified in City, County and Local Government Law Admitted in Florida, Oregon, and the District of Columbia Senior Professional in Human Resources -----Original Message----- From: Kent Runnells [mailto:kbrlaw@tampabay.rr.com] Sent: Tuesday, February 20, 2007 12:17 PM To: Dougall-Sides, Leslie Cc: Wells, Wayne; Delk, Michael Subject: RE: dockside condos i will do as you suggest. one question: is 1.7 in or out? kent Kent Runnells Kent Runnells, P.A. 101 Main Street, Suite A Safety Harbor, FL 34695 Voice: 727-726-2728 Fax: 727-724-0879 This message and any attachments are solely for the intended recipient and may contain information that is confidential or legally privileged under applicable law. If you are not the intended recipient, any disclosure, copying, use or distribution of the information included in the message and any attachments is prohibited. If you have received this communication in error, please notify us by reply e-mail and immediately and permanently delete this message and any attachments. Thank you. From: Leslie. Dougall-Sides@myClearwater.com [mailto:Leslie. Dougall-Sides@myClearwater.com] Sent: Tuesday, February 20, 2007 11:45 AM To: kbrlaw@tampabay.rr.com Cc: Wayne.Wells@myClearwater.com; michael.delk@MyClearwater.com Subject: RE: dockside condos 2/20/2007 - . 9 . Page 2 oft Z-- Kent, I tried changing the version that I had e-mailed out at 5:28 Friday 2/16 but could not change your redlining. You should have the "clean" version from your e-mail to us dated 2/16 at 10:38 a.m. That version does not contain my changes. As Michael, Wayne, and I all have the CDB meeting this p.m. from 1:00 on, it might be quicker if you are able to incorporate my changes into that "clean" version. Additionally, I received the following comments from Wayne this a.m. and concur with # 2, please incorporate change # 2: Leslie - I have reviewed the attached document and have the following comments: 1. Section 1.7 could stay in the document. 2. Section 2.4 - In the second line, rather than "subject to the following conditions and restrictions" it should be "subject to the aforementioned conditions and restrictions". Correct, since there isn't any conditions and restrictions after this Section? Wayne Leslie K. Dougall-Sides Assistant City Attorney City of Clearwater P.O. Box 4748 Clearwater, Florida 33758 (727) 562-4010 phone (727) 562-4021 fax Board Certified in City, County and Local Government Law Admitted in Florida, Oregon, and the District of Columbia Senior Professional in Human Resources -----Original Message----- From: Kent Runnells [mailto:kbrlaw@tampabay.rr.com] Sent: Monday, February 19, 2007 2:52 PM To: Dougall-Sides, Leslie Cc: seastone@tampabay.rr.com; housh@northsideengineering.com; 'Ken Arsenault' Subject: dockside condos Leslie: i just got the legals e-mailed to me by the surveyor; i just need to clean them up a little (dlete the surveyor's notes, etc.) and then i will send them out. you should have everything by late today or first thing tomorrow am. at this point, i think the clean draft of the dec is only on your system, so please get that to me at your earliest convenience. thanks a million, kent Kent Runnells Kent Runnells, P.A. 101 Main Street, Suite A Safety Harbor, FL 34695 Voice: 727-726-2728 Fax: 727-724-0879 This message and any attachments are solely for the intended recipient and may contain information that is confidential or legally privileged under applicable law. If you are not the intended recipient, any disclosure, copying, use or distribution of the information included in the message and any attachments is prohibited. If you have received this communication in error, please notify us by reply e-mail and immediately and permanently delete this message and any attachments. Thank you. 2/20/2007 ,?, . • Page 1 of 3 Wells, Wayne From: Wells, Wayne Sent: Tuesday, February 20, 2007 10:49 AM To: Dougall-Sides, Leslie Cc: Delk, Michael Subject: RE: GM07-1420-009 Dockside Condos old Sea Stone : FW: Dockside condos Leslie - I have reviewed the attached document and have the following comments: 1. Section 1.7 could stay in the document. 2. Section 2.4 - In the second line, rather than "subject to the following conditions and restrictions" it should be "subject to the aforementioned conditions and restrictions". Correct, since there isn't any conditions and restrictions after this Section? Wayne -----Original Message----- From: Dougall-Sides, Leslie Sent: Monday, February 19, 2007 12:55 PM To: Wells, Wayne Cc: Delk, Michael Subject: FW: GM07-1420-009 Dockside Condos old Sea Stone : FW: Dockside condos Importance: High Received your Sunday e-mail, am resending Friday's email with attachment. The further comment I had made was that we may wish to delete Sec. 1.7 from the document; however, I did not do so on the official draft. From: Dougall-Sides, Leslie Sent: Fri 2/16/2007 5:27 PM To: Delk, Michael; Wells, Wayne; kbrlaw@tampabay.rr.com Subject: RE: GM07-1420-009 Dockside Condos old Sea Stone : FW: Dockside condos Please review and comment on the attached Draft. My changes are shown in black underline and strikethru. Leslie K. Dougall-Sides Assistant City Attorney City of Clearwater P.O. Box 4748 Clearwater, Florida 33758 (727) 562-4010 phone (727) 562-4021 fax Board Certified in City, County and Local Government Law Admitted in Florida, Oregon, and the District of Columbia Senior Professional in Human Resources -----Original Message----- 2/20/2007 Id. • • Page 2 of 3 From: Dougall-Sides, Leslie Sent: Friday, February 16, 2007 1:30 PM To: Delk, Michael; Wells, Wayne Subject: GM07-1420-009 Dockside Condos old Sea Stone : FW: Dockside condos Importance: High I will be working on Dockside later this p.m. and will call you and/or forward draft language. -----Original Message----- From: Dougall-Sides, Leslie Sent: Friday, February 16, 2007 1:29 PM To: 'Kent Runnells' Subject: RE: Dockside condos Importance: High Kent, I understand your concern and at this point will draft suggested language re the remaining points, with input from Michael and Wayne. I am in a seminar until 2:30 and Michael is, I understand, on a site visit until later this p.m. I will forward the revisions/clarifications as soon as available. Leslie K. Dougall-Sides Assistant City Attorney City of Clearwater P.O. Box 4748 Clearwater, Florida 33758 (727) 562-4010 phone (727) 562-4021 fax Board Certified in City, County and Local Government Law Admitted in Florida, Oregon, and the District of Columbia Senior Professional in Human Resources -----Original Message----- From: Kent Runnells [mailto:kbrlaw@tampabay.rr.com] Sent: Friday, February 16, 2007 10:38 AM To: Dougall-Sides, Leslie; Delk, Michael Cc: seastone@tampabay.rr.com; housh@northsideengineering.com; 'Ken Arsenault' Subject: Dockside condos Leslie and Michael: I have attached a redline and clean version of the revised Declaration which incorporate all of your collective comments, with the exception of Wayne's comments regarding section 1.4. 1 am still unclear exactly what Wayne is looking for. Please provide some assistance/direction regarding the density transfer language, as apparently I have a mental block on this issue and am unable to grasp the dynamics of this concept. Please also advise what is required, both as to language and as to timing, regarding the recording of the plat or unity of title. And, especially, please provide clarification of Wayne's comment that " . . . the ability to convert from one use to another was eliminated by City Council." Does that remark not beg the essential question, that being Fulvio's ability to retain the hotel use for the time being, while the amended application is processed to determine whether the hotel use may be retained in perpetuity? I am not trying to be obtuse, but i must say that in trying to draft a document that encompasses these requirements i feel like a little kid trying to pick up a ball of mercury as it glides across the floor. I am happy to do all of the drafting work, but would really appreciate a little more direction and clarification. Would it be possible for you all to propose some language? Please also clarify the logistics and timing of the actual issuance of the c.o.; will the execution 2/20/2007 2/20/2007 • Page 3 of 3 and delivery/recordation of the Declaration, with appropriate legal descriptions attached, be adequate for issuance of the c.o.? My concern here is driven by a conversation I had yesterday with Fulvio's bank. By the end of this month, his loan is being moved to the bank's special assets division because he cannot comply with the bank's requirement that he obtain a new appraisal. This appraisal is required to increase his interest reserve, which is essentially money he borrows from the bank to cover interest payments as they accrue in the future. He needs to increase his interest reserve because he has exhausted his resources carrying the empty condo building since he completed construction five months ago (which in terms of money is about a quarter million dollars ago). He cannot get a current appraisal without his c.o. So the bottom line is that Fulvio is very near the end of the line on this project unless he gets his c.o. now. And of course, his property tax bill is due in less than six weeks. I realize that Fulvio's finances are his problem, not the City's; but i wanted you to know the pressure he is under and the peril he faces unless he gets the c.o. soon. If you will please be very specific in a short turnaround time as to precisely what you require, we will do it immediatley. Of course, while i realize that any communications we have are probably public records and subject to no privilege, it would be greatly appreciated if you could keep the contents of the foregoing paragraph as private as possible. We do not want a sense of financial panic to engulf this project, adding to our current problems, which are substantial. As always, thanks for your prompt response and attention. It is appreciated and does not go unnoticed. But we need to put this c.o. issue to bed immediately. Kent Kent Runnells Kent Runnells, P.A. 101 Main Street, Suite A Safety Harbor, FL 34695 Voice: 727-726-2728 Fax: 727-724-0879 This message and any attachments are solely for the intended recipient and may contain information that is confidential or legally privileged under applicable law. If you are not the intended recipient, any disclosure, copying, use or distribution of the information included in the message and any attachments is prohibited. If you have received this communication in error, please notify us by reply e-mail and immediately and permanently delete this message and any attachments. Thank you. From: Kent Runnells, P.A. [mailto:krpalaw@tampabay.rr.com] Sent: Friday, February 16, 2007 10:01 AM To: Kent Runnells Subject: Divello Kent Runnells Kent Runnells, P.A. 101 Main Street, Suite A Safety Harbor, FL 34695 Voice: 727-726-2728 Fax: 727-724-0879 This message and any attachments are solely for the intended recipient and may contain information that is confidential or legally privileged under applicable law. If you are not the intended recipient, any disclosure, copying, use or distribution of the information included in the message and any attachments is prohibited. If you have received this communication in error, please notify us by reply e-mail and immediately and permanently delete this message and any attachments. Thank you. Y • • Page 1 of 3 Wells, Wayne From: Dougall-Sides, Leslie Sent: Monday, February 19, 2007 12:55 PM To: Wells, Wayne Cc: Delk, Michael Subject: FW: GM07-1420-009 Dockside Condos old Sea Stone : FW: Dockside condos Importance: High Received your Sunday e-mail, am resending Friday's email with attachment. The further comment I had made was that we may wish to delete Sec. 1.7 from the document; however, I did not do so on the official draft. From: Dougall-Sides, Leslie Sent: Fri 2/16/2007 5:27 PM To: Delk, Michael; Wells, Wayne; kbrlaw@tampabay.rr.com Subject: RE: GM07-1420-009 Dockside Condos old Sea Stone : FW: Dockside condos Please review and comment on the attached Draft. My changes are shown in black underline and strikethru. Leslie K. Dougall-Sides Assistant City Attorney City of Clearwater P.O. Box 4748 Clearwater, Florida 33758 (727) 562-4010 phone (727) 562-4021 fax Board Certified in City, County and Local Government Law Admitted in Florida, Oregon, and the District of Columbia Senior Professional in Human Resources -----Original Message----- From: Dougall-Sides, Leslie Sent: Friday, February 16, 2007 1:30 PM To: Delk, Michael; Wells, Wayne Subject: GM07-1420-009 Dockside Condos old Sea Stone : FW: Dockside condos Importance: High I will be working on Dockside later this p.m. and will call you and/or forward draft language. -----Original Message----- From: Dougall-Sides, Leslie Sent: Friday, February 16, 2007 1:29 PM To: 'Kent Runnells' Subject: RE: Dockside condos importance: High Kent, I understand your concern and at this point will draft suggested language re the remaining points, with input from Michael and Wayne. 2/20/2007 -V1 101 0 Page 2 of 3 I am in a seminar until 2:30 and Michael is, I understand, on a site visit until later this p.m. I will forward the revisions/clarifications as soon as available. Leslie K. Dougall-Sides Assistant City Attorney City of Clearwater P.O. Box 4748 Clearwater, Florida 33758 (727) 562-4010 phone (727) 562-4021 fax Board Certified in City, County and Local Government Law Admitted in Florida, Oregon, and the District of Columbia Senior Professional in Human Resources -----Original Message----- From: Kent Runnells [mailto:kbrlaw@tampabay.rr.com] Sent: Friday, February 16, 2007 10:38 AM To: Dougall-Sides, Leslie; Delk, Michael Cc: seastone@tampabay.rr.com; housh@northsideengineering.com; 'Ken Arsenault' Subject: Dockside condos Leslie and Michael: I have attached a redline and clean version of the revised Declaration which incorporate all of your collective comments, with the exception of Wayne's comments regarding section 1.4. 1 am still unclear exactly what Wayne is looking for. Please provide some assistance/direction regarding the density transfer language, as apparently I have a mental block on this issue and am unable to grasp the dynamics of this concept. Please also advise what is required, both as to language and as to timing, regarding the recording of the plat or unity of title. And, especially, please provide clarification of Wayne's comment that " ... the ability to convert from one use to another was eliminated by City Council." Does that remark not beg the essential question, that being Fulvio's ability to retain the hotel use for the time being, while the amended application is processed to determine whether the hotel use may be retained in perpetuity? I am not trying to be obtuse, but i must say that in trying to draft a document that encompasses these requirements i feel like a little kid trying to pick up a ball of mercury as it glides across the floor. I am happy to do all of the drafting work, but I would really appreciate a little more direction and clarification. Would it be possible for you all to propose some language? Please also clarify the logistics and timing of the actual issuance of the c.o.; will the execution and delivery/recordation of the Declaration, with appropriate legal descriptions attached, be adequate for issuance of the c.o.? My concern here is driven by a conversation I had yesterday with Fulvio's bank. By the end of this month, his loan is being moved to the bank's special assets division because he cannot comply with the bank's requirement that he obtain a new appraisal. This appraisal is required to increase his interest reserve, which is essentially money he borrows from the bank to cover interest payments as they accrue in the future. He needs to increase his interest reserve because he has exhausted his resources carrying the empty condo building since he completed construction five months ago (which in terms of money is about a quarter million dollars ago). He cannot get a current appraisal without his c.o. So the bottom line is that Fulvio is very near the end of the line on this project unless he gets his c.o. now. And of course, his property tax bill is due in less than six weeks. I realize that Fulvio's finances are his problem, not the City's; but i wanted you to know the pressure he is under and the peril he faces unless he gets the c.o. soon. If you will please be very specific in a short turnaround time as to precisely what you require, we will do it immediatley. Of course, while i realize that any communications we have are probably public records and subject to no privilege, it would be greatly appreciated if you could keep the contents of the foregoing paragraph as private as possible. We do not want a sense of financial panic to engulf this project, adding to our current problems, which are substantial. 2/20/2007 • 0 Page 3 of 3 As always, thanks for your prompt response and attention. It is appreciated and does not go unnoticed. But we need to put this c.o. issue to bed immediately. Kent Kent Runnells Kent Runnells, P.A. 101 Main Street, Suite A Safety Harbor, FL 34695 Voice: 727-726-2728 Fax: 727-724-0879 This message and any attachments are solely for the intended recipient and may contain information that is confidential or legally privileged under applicable law. If you are not the intended recipient, any disclosure, copying, use or distribution of the information included in the message and any attachments is prohibited. If you have received this communication in error, please notify us by reply e-mail and immediately and permanently delete this message and any attachments. Thank you. From: Kent Runnells, P.A. [mailto:krpalaw@tampabay.rr.com] Sent: Friday, February 16, 2007 10:01 AM To: Kent Runnells Subject: Divello Kent Runnells Kent Runnells, P.A. 101 Main Street, Suite A Safety Harbor, FL 34695 Voice: 727-726-2728 Fax: 727-724-0879 This message and any attachments are solely for the intended recipient and may contain information that is confidential or legally privileged under applicable law. If you are not the intended recipient, any disclosure, copying, use or distribution of the information included in the message and any attachments is prohibited. If you have received this communication in error, please notify us by reply e-mail and immediately and permanently delete this message and any attachments. Thank you. 2/20/2007 DECLARATION OF RESTRICTIONS THIS DECLARATION OF RESTRICTIONS is made this day of , 2007, by Fulvio DiVello, as Trustee of the DiVello Land Trust dated August 10, 2004, hereinafter referred to as "Declarant." WITNESSETH WHEREAS, Declarant is the sole owner of certain lands in Pinellas County, Florida, more particularly described on Exhibit "A" attached hereto, and incorporated herein by reference, and called the "Property" in this Declaration; and WHEREAS, for a period of many years, all of the Property has been improved with a hotel facility, and used as an overnight accommodation use; and WHEREAS, Declarant has made application to the City of Clearwater, Florida Community Development Board ("CDB") Application No. FLD2005-05051 ("Application"), to change the lawfully permitted use of the Property to attached residential use ("Residential Use"); and WHEREAS, pursuant to the Application, the CDB approved the use of the entire Property solely and exclusively as a Residential Use, (the "CDB Approval") and not for any Hotel Use on any part of the Property; and WHEREAS, notwithstanding such CDB Approval exclusively for Residential Use, Declarant now desires to continue to use a part of the Property (that part being more fully described in Exhibit "B" attached hereto and being incorporated herein by reference, and further being referred to herein as the "Hotel Parcel") for a hotel use ("Hotel Use"), into the foreseeable future, in lieu of Residential Use; and WHEREAS, by virtue of the fact that Declarant's current and desired continuation of such Hotel Use on the Hotel Parcel would be inconsistent with the mandates of the Development Order issued in connection with Case No. FLD2005-05051 (the "Development Order"), the City of Clearwater has withheld th- °f not issued a Certificate of Occupancy ("C.O.") for Residential Use on that part of the property currently improved with thirty-one (31) residential condominium units (which property is more fully described on Exhibit "C" attached hereto and incorporated herein by reference, and which is hereinafter referred to as the "Residential Parcel"), but has expressed its willingness to issue such C.O. as an accommodation to Declarant in consideration of the obligations and undertakings of Declarant set forth herein; and WHEREAS, on January 16, 2007, pursuant to the request of the Declarant, the CDB did extend to February 16, 2008, the deadline for the Declarant to comply with the Development Order entered by the CDB pursuant to the Application, (the "Development Order") to allow time Clients\DiVelloDocksideLoanRestructure\DecotRestrictions Page 1 for the Declarant to amend its Application to request a Flexible Development Application to allow for the continued Hotel Use of the Hotel Parcel notwithstanding the requirements of the Development Order (the "Amended Application"); and WHEREAS, Declarant now desires to amend the Application to allow the Hate A r^°' Declarant to continue being used to operate the Hotel Parcel as a Hotel an overnight accommodation unless/until some other use is approved; and WHEREAS, Declarant has not yet had the opportunity to bring before CDB its Amended Application requesting that the Hotel Use be allowed to continue; and WHEREAS, in order to allow for the City to issue the C.O. for the Residential Parcel while Declarant's Amended Application is pending, Declarant is willing to renounce prospectively certain rights with respect to the use of the Hotel Parcel, which rights include the right to construct on the Hotel Parcel fifty-two (52) attached residential condominium units, and Declarant is also willing to agree to all of the terms and conditions set forth herein; NOW, THEREFORE, in consideration of the above recitals which are true and correct, and intending to be legally bound to the terms hereof, Declarant declares that the Hotel Parcel and Residential Parcel described above shall be held, sold and conveyed subject to the following conditions and restrictions, all of which are for the purpose of protecting the value and desirability of the Hotel Parcel and the Residential Parcel, and all of which will run with the Property and be binding upon all persons having any right, title or interest therein, or of any part therein, and their respective heirs, successors and assigns, and which will inure to the benefit of Declarant, his successors and assigns forever. ARTICLE I RESTRICTIONS ON USE OF THE PROPERTY Section 1.1. Declarant agrees to file, within sixty (60) days of the execution by Declarant and acceptance by the CDB of this Declaration of Restrictions, its Amended Application regarding the continued Hotel Use of the Hotel Parcel, and upon filing such Application Declarant shall make every reasonable effort to conclude the process of development approval within 120 days of application submittal, notwithstanding delay that may occur from time to time due to staff or project representative need for additional time to resolve issues which may arise. Said Application shall include pursuant to Community Development Code Section 4-202(6.), a description of the property which is the subject of the Application documenting that a property line has been established along the existing lot lines. Section 1.2 In the event the CDB grants the Declarant's request under the Amended Application to allow for Hotel Use, then and in said event the Property shall henceforth, in perpetuity, be limited to such uses and densities as are allowed, from time to time, under all applicable zoning and land use laws, ordinances, rules and regulations promulgated by any Federal, State, County, Municipal or quasi-governmental agency having jurisdiction and control Clients\DiVelloDocksideLoanRestructure\Dec of Restrictions Page 2 over such matters with respect to the Property, including, but not being limited to, the limitations on the density of residential condominium units set forth in the Development Order entered in connection with the Amended Application. Section 1.3. Declarant acknowledges the existence of unresolved issues regarding the Residential Use of the Residential Parcel and the Hotel Use of the Hotel Parcel, including, but not being limited to, meeting all applicable parking, ingress and egress requirements, which requirements will be met by Declarant through one or more easement or joint use agreements with respect to and by and between the Hotel Parcel and the Residential Parcel. Section 1.4. In order to allow for the City to issue the C.O. for the Residential Parcel, Declarant hereby renounces protectively certain rights with respect to the use of the Hotel Parcel which rights include the right to construct on the Hotel Parcel fifty-two (52) attached residential condominium units. Declarant acknowledges that the restrictions on use hereby imposed will reduce considerably from fifty-two (52), to a number which may not be ascertainable at this time; but is estimated to be twenty-two (22)1 the number of attached residential condominium units which are allowed to be built, constructed and improved on the Hotel Parcel. In consideration of Declarant's deducting said units from the Hotel Parcel, Declarant is maintaining units on the Residential Parcel which were subject to the Termination of Nonconformity determination. Declarant shall continue to operate an overnight accommodation use on the Hotel Parcel unless and until some other use is approved. and. ft" "thee a 1'" ewle` g DeyelepmepA Ofder to be built and improved on the Residential Pafeel, the fitiffiber- of Fesidential the GDB of a ti-ansfer of allowed residential density units ffeni the 44 by of the allowanee Par-eel t 41 Residential Par-eel. Section 1.5. In the event the CDB does not grant the rights requested under the Amended Application, then Declarant shall remain entitled to and vested under all rights granted under the Development Order, and this Declaration of Restrictions shall be null and void, save and except for any rights acknowledged or granted herein to the City of Clearwater to enforce its rules, laws, and ordinances with respect to the Property. Section 1.6. Upon the issuance of the C.O. for the condominium units on the Residential Parcel, there shall be no further rental of the ten (10) boat slips connected to the Property, and the use of said boat slips shall henceforth be limited to dw-use by owners of said condominium units or by guests of the Hotel located on the Hotel Parcel; provided, however, that the Hotel Parcel guest use shall be limited to two of said slips., and that such limited use shall take effect twelve (12) months after the issuance of the C.O. The aforesaid limitations on the use of the boat slips shall be incorporated into the Amended Application and be subject to any required federal, state, and local approvals. Section 1.7. Upon the proper execution and recordation of this Declaration and Declarant's meeting of any other Code conditions for issuance the C.O. for Residential Use on Clients\DiVelloDocksideLoanRestructure\Dec of Restrictions Page 3 • • that part of the property currently improved with thirty-one 31) residential condominiums (the Residential Parcel), shall be issued by the City. ARTICLE II GENERAL PROVISIONS Section 2.1. Enforcement. The City of Clearwater shall have the right to enforce, by any appropriate proceeding, all conditions and restrictions now or hereafter imposed by, or pursuant to, the provisions of this Declaration. The pr-evailing pafty in any litigation involving t4is tkus ineuffed, ineluding r-easenable attefneys' fees for- all trial and appellate pr-eeeedings, if an-y.- Each party shall bear its own costs and expenses thus incurred, including reasonable attorneys' fees for all trial and appellate proceedin shy. in any litigation involving this Declaration. Section 2.2. Severability. Invalidation of any particular provision of this Declaration by judgment or court order will not affect any other provision, all of which will remain in full force and effect; provided, however, any court of competent jurisdiction is hereby empowered, to the extent practicable, to reform any otherwise invalid provision of this Declaration when necessary to avoid a finding of invalidity while otherwise effectuating Declarant's intent. Section 2.3. Compliance with Law. Declarant acknowledges that, whether or not the Amended Application shall be granted, the Property shall at all times be subject to all applicable laws, rules, ordinances, and regulations, and all lawful remedies, including but not limited to state and local law requirements concerning condominium development and code enforcement proceedings and penalties established thereunder. Section 2.4. Successors and Assigns. Declarant declares that the Hotel Parcel and Residential Parcel described above shall be held, sold and conveyed subject to the following conditions and restrictions, all of which are for the purpose of protecting the value and desirability of the Hotel Parcel and the Residential Parcel, and all of which will run with the Property and be binding upon all persons having any right, title or interest therein, or of any part therein, and their respective heirs, successors and assigns, and which will inure to the benefit of Declarant, his successors and assigns forever. IN WITNESS WHEREOF, Declarant has executed this Declaration the date stated above. Clients\DiVelloDocksideLoanRestructure\Dec of Restrictions Page 4 • DECLARANT: Fulvio DiVello, as Trustee of the DiVello Land Trust dated August 10, 2004 Witness (Print Name Witness (Print Name ) STATE OF FLORIDA ) COUNTY OF PINELLAS) The foregoing instrument was acknowledged before me this day of , 2007, by Fulvio DiVello, who is personally known to me or who produced as identification. NOTARY PUBLIC - STATE OF FLORIDA My Commission Expires: Clients\DiVelloDocksideLoanRestructure\Dec of Restrictions Page 5 EXHIBIT "A" LEGAL DESCRIPTION OF OVERALL PARCEL (the Property) Clients\DiVelloDocksideLoanRestructure\Dec of Restrictions Page 6 LJ EXHIBIT "B" LEGAL DESCRIPTION OF HOTEL PARCEL Clients\DiVelloDocksideLoanRestructure\Dec of Restrictions Page 7 EXHIBIT "C" LEGAL DESCRIPTION OF RESIDENTIAL PARCEL Clients\DiVelloDocksideLoanRestructure\Dec of Restrictions Page 8 0 0 Wells, Wayne From: Kent Runnells [kbrlaw@tampabay.rr.com] Sent: Sunday, February 18, 2007 10:22 AM To: Dougall-Sides, Leslie; Delk, Michael; Wells, Wayne Cc: seastone@tampabay.rr.com; housh@northsideengineering.com; 'Ken Arsenault' Subject: RE: GM07-1420-009 Dockside Condos old Sea Stone : FW: Dockside condos Hi Leslie. I hope Fulvio's taxes.don't go up now that you are working on Sunday! I have reviewed all of your changes and understand and approve all of them, including your thought, upon reflection, that sec. 1.7 would be more appropriately addressed by a letter from the City, which I hope we can get on Tuesday. I should also have legal descriptions in hand by Tuesday. Alternatively, it would be acceptable to us if you merely delete the provision, and do not issue a letter, but just give us the C.O. when we execute the Declaration. Of course, logistically your "letter" approach may make more sense. Whatever you want to do is fine with us. On behalf of Fulvio, let me express his sincere thanks for your efforts in getting all of this done. Have a nice long weekend, will talk to you on Monday. Thanks, Kent Kent Runnells Kent Runnells, P.A. 101 Main Street, Suite A Safety Harbor, FL 34695 Voice: 727-726-2728 Fax: 727-724-0879 This message and any attachments are solely for the intended recipient and may contain information that is confidential or legally privileged under applicable law. If you are not the intended recipient, any disclosure, copying, use or distribution of the information included in the message and any attachments is prohibited. If you have received this communication in error, please notify us by reply e-mail and immediately and permanently delete this message and any attachments. Thank you. -----Original Message----- From: Leslie.Dougall-Sides@myClearwater.com [mailto:Leslie.Dougall-Sides@myClearwater.com] Sent: Sunday, February 18, 2007 9:15 AM To: michael.delk@MyClearwater.com; Wayne.Wells@myClearwater.com; kbrlaw@tampabay.rr.com Subject: RE: GM07-1420-009 Dockside Condos old Sea Stone : FW: Dockside condos one further thought, since the Declaration is executed only by the developer, Section 1.7 relating to the City's issuance of C.O. should be in a separate document, perhaps a letter from the City. From: Dougall-Sides, Leslie Sent: Fri 2/16/2007 5:27 PM To: Delk, Michael; Wells, Wayne; kbrlaw@tampabay.rr.com Subject: RE: GM07-1420-009 Dockside Condos old Sea Stone : FW: Dockside condos Please review and comment on the attached Draft. My changes are shown in black underline and strikethru. Leslie K. Dougall-Sides 1 Assistant City Attorney City of Clearwater P.O. Box 4748 Clearwater, Florida 33758 (727) 562-4010 phone (727) 562-4021 fax Board Certified in City, Florida, Oregon, and the Resources 0 9 County and Local Government Law Admitted in District of Columbia Senior Professional in Human -----Original Message----- From: Dougall-Sides, Leslie Sent: Friday, February 16, 2007 1:30 PM To: Delk, Michael; Wells, Wayne Subject: GM07-1420-009 Dockside Condos old Sea Stone : FW: Dockside condos Importance: High I will be working on Dockside later this p.m. and will call you and/or forward draft language. -----Original Message----- From: Dougall-Sides, Leslie Sent: Friday, February 16, 2007 1:29 PM To: 'Kent Runnells' Subject: RE: Dockside condos Importance: High Kent, I understand your concern and at this point will draft suggested language re the remaining points, with input from Michael and Wayne. I am in a seminar until 2:30 and Michael is, I understand, on a site visit until later this p.m. I will forward the revisions/clarifications as soon as available. Leslie K. Dougall-Sides Assistant City Attorney City of Clearwater P.O. Box 4748 Clearwater, Florida 33758 (727) 562-4010 phone (727) 562-4021 fax Board Certified in City, County and Local Government Law Admitted in Florida, Oregon, and the District of Columbia Senior Professional in Human Resources -----Original Message----- From: Kent Runnells [mailto:kbrlaw@tampabay.rr.com] Sent: Friday, February 16, 2007 10:38 AM To: Dougall-Sides, Leslie; Delk, Michael Cc: seastone@tampabay.rr.com; housh@northsideengineering.com; 'Ken Arsenault' Subject: Dockside condos Leslie and Michael: I have attached a redline and clean version of the revised Declaration which incorporate all of your collective comments, with the exception of Wayne's comments regarding section 1.4. I am still unclear exactly what Wayne is looking for. Please provide some assistance/direction regarding the density transfer language, as apparently I have a mental block on this issue and am unable to grasp the dynamics of this concept. Please also advise what is required, both as to language and as to timing, regarding the recording of the plat or unity of title. And, especially, please provide clarification of Wayne's comment that " 2 A ability to convert fro m• use to another was eliminated Cit y y the Council." Does that remark not beg the essential question, that being Fulvio's ability to retain the hotel use for the time being, while the amended application is processed to determine whether the hotel use may be retained in perpetuity? I am not trying to be obtuse, but i must say that in trying to draft a document that encompasses these requirements i feel like a little kid trying to pick up a ball of mercury as it glides across. the floor. I am happy to do all of the drafting work, but I would really appreciate a little more direction and clarification. Would it be possible for you all to propose some language? Please also clarify the logistics and timing of the actual issuance of the c.o.; will the execution and delivery/recordation of the Declaration, with appropriate legal descriptions attached, be adequate for issuance of the c.o.? My concern here is driven by a conversation I had yesterday with Fulvio's bank. By the end of this month, his loan is being moved to the bank's special assets division because he cannot comply with the bank's requirement that he obtain a new appraisal. This appraisal is required to increase his interest reserve, which is essentially money he borrows from the bank to cover interest payments as they accrue in the future. He needs to increase his interest reserve because he has exhausted his resources carrying the empty condo building since he completed construction five months ago (which in terms of money is about a quarter million dollars ago). He cannot get a current appraisal without his c.o. So the bottom line is that Fulvio is very near the end of the line on this project unless he gets his c.o. now. And of course, his property tax bill is due in less than six weeks. I realize that Fulvio's finances are his problem, not the City's; but i wanted you to know the pressure he is under and the peril he faces unless he gets the c.o. soon. If you will please be very specific in a short turnaround time as to precisely what you require, we will do it immediatley. of course, while i realize that any communications we have are probably public records and subject to no privilege, it would be greatly appreciated if you could keep the contents of the foregoing paragraph as private as possible. We do not want a sense of financial panic to engulf this project, adding to our current problems, which are substantial. As always, thanks for your prompt response and attention. It is appreciated and does not go unnoticed. But we need to put this c.o. issue to bed immediately. Kent Kent Runnells Kent Runnells, P.A. 101 Main Street, Suite A Safety Harbor, FL 34695 Voice: 727-726-2728 Fax: 727-724-0879 This message and any attachments are solely for the intended recipient and may contain information that is confidential or legally privileged under applicable law. If you are not the intended recipient, any disclosure, copying, use or distribution of the information included in the message and any attachments is prohibited. If you have received this communication in error, please notify us by reply e-mail and immediately and permanently delete this message and any attachments. Thank you. From: Kent Runnells, P.A. [mailto:krpalaw@tampabay.rr.com] Sent: Friday, February 16, 2007 10:01 AM To: Kent Runnells Subject: Divello 3 1 0 • Kent Runnells Kent Runnells, P.A. 101 Main Street, Suite A Safety Harbor, FL 34695 Voice: 727-726-2728 Fax: 727-724-0879 This message and any attachments are solely for the intended recipient and may contain information that is confidential or legally privileged under applicable law. If you are not the intended recipient, any disclosure, copying, use or distribution of the information included in the message and.any attachments is prohibited. If you have received this communication in error, please notify us by reply e-mail and immediately and permanently delete this message and any attachments. Thank you. 0 i Wells, Wayne From: Dougall-Sides, Leslie Sent: Thursday, February 15, 2007 3:16 PM To: 'Kent Runnells' Cc: Delk, Michael; Wells, Wayne Subject: FW: 445 Hamden Drive - Declaration of Restrictions - Draft #2 Importance: High I agree with Michael's and Wayne's comments. Change terminology to "Hotel Parcel" and "Residential Parcel". Additionally, my notes include the following: "continue to operate overnight accommodation on Southern parcel unless/until some other use is approved." Leslie K. Dougall-Sides Assistant City Attorney City of Clearwater P.O. Box 4748 Clearwater, Florida 33758 (727) 562-4010 phone (727) 562-4021 fax Board Certified in City, County and Local Government Law Admitted in Florida, Oregon, and the District of Columbia Senior Professional in Human Resources -----Original Message----- From: Delk, Michael Sent: Thursday, February 15, 2007 2:47 PM To: 'Kent Runnells' Cc: Dougall-Sides, Leslie Subject: FW: 445 Hamden Drive - Declaration of Restrictions - Draft #2 FYI We are very close to being done. Kent - Please advise. Several are really minor. A couple of them somewhat more significant. can see us ready to sign off assuming legal is comfortable. Michael Delk, AICP Planning Director City of Clearwater, FL 727-562-4561 myclearwater.com -----Original Message----- From: Wells, Wayne Sent: Thursday, February.15, 2007 11:30 AM To: Delk, Michael Subject: 445 Hamden Drive - Declaration of Restrictions - Draft #2 Michael - I have reviewed the newest draft of the Declaration of Restrictions submitted by Kent Runnells for the above address and offer the following comments: 1. Eighth WHEREAS (first WHEREAS on Page 2) - Amend "Hotel Property" to "Hotel Parcel". I? U 2. Tenth WHEREAS (third WHEREAS on Page 2) - Amend "Residential Property" to "Residential Parcel". 3. NOW, THEREFORE paragraph - Amend at the end of Line 2 "Hotel Property" to "Hotel Parcel", amend on the fourth/fifth line "Hotel Property" to "Hotel Parcel" and amend on the fifth line "Residential Property" to "Residential Parcel". 4. Section 1.1 - This section needs to deal with the time frame to submit an Amended Application to the Planning Department for consideration by the CDB (60 days?). This Section should include your comment from yesterday regarding "Every reasonable effort shall be made to conclude the process of development approval within 120 days of application submittal, notwithstanding delay that may occur from time to time due to staff or project representative need for additional time to resolve issues which may arise" (I have added the underlined word). 5. Section 1.4 - On the fourth line, the word on needs to be added between "improved" and "the Hotel Property" so as to read "improved on the Hotel Property". Amend "Hotel Property" to "Hotel Parcel". I am unclear as to the language in the last sentence, specifically the last two lines, regarding the transfer of allowed residential density from the Hotel Parcel (?). It was my understanding that the density for the Hotel Use on the Hotel Parcel exceeded the maximum density permitted and that, as part of the Amended Application, a Termination of Status of Nonconformity for the Hotel Use on the Hotel Parcel would be necessary. As such, then there is no density to transfer to the Residential Parcel. Additionally, it was my understanding that the ability to convert from one use to another was eliminated by City Council. The original option #2 under my email of December 14, 2006, dealt with how density would be calculated on the Residential Parcel. I am unclear if any later determination has changed the method of calculation from this option #2 (?). 6. My comments from the review of the original Declaration of Restrictions regarding "4. The Declarant needs a "lot" in order to record a condominium plat with the Clerk of the Circuit Court. Code requires the recording of a condominium plat prior to the issuance of the first Certificate of Occupancy. There seems to be a disconnect in procedure." still are applicable. It would appear that either a Release of Unity of Title (if the Residential Parcel and Hotel Parcel are based on platted lot lines) or a Release of Unity of Title and Minor Lot Adjustment (if the Residential Parcel and Hotel Parcel are not based on platted lot lines) is also needed. 7. My comments from the review of the original Declaration of Restrictions regarding "9. The approval of FLD2005-05051 by the CDB included the following condition relating to the existing docks: "That boats moored at the existing dock, lifts and/or slips be for the exclusive use by the residents and/or guests of the condominiums and not be permitted to be sub- leased separately from the condominiums;" There has been no discussion regarding the use of the docks. It is unclear whose boats are presently moored in the slips. If the slips are being rented, then this is a marina. Need to resolve this issue." still are applicable. Potentially this issue would be part of the Amended Application. Wayne 0 0 Wells, Wayne From: Wells, Wayne Sent: Thursday, February 15, 2007 11:30 AM To: Delk, Michael Subject: 445 Hamden Drive - Declaration of Restrictions - Draft #2 Michael - I have reviewed the newest draft of the Declaration of Restrictions submitted by Kent Runnells for the above address and offer the following comments: 1. Eighth WHEREAS (first WHEREAS on Page 2) - Amend "Hotel Property" to "Hotel Parcel". 2. Tenth WHEREAS (third WHEREAS on Page 2) - Amend "Residential Property" to "Residential Parcel". 3. NOW, THEREFORE paragraph - Amend at the end of Line 2 "Hotel Property" to "Hotel Parcel", amend on the fourth/fifth line "Hotel Property" to "Hotel Parcel" and amend on the fifth line "Residential Property" to "Residential Parcel". 4. Section 1.1 - This section needs to deal with the time frame to submit an Amended Application to the Planning Department for consideration by the CDB (60 days?). This Section should include your comment from yesterday regarding "Every reasonable effort shall be made to conclude the process of development approval within 120 days of application submittal, notwithstanding delay that may occur from time to time due to staff or project representative need for additional time to resolve issues which may arise" (I have added the underlined word). 5. Section 1.4 - On the fourth line, the word on needs to be added between "improved" and "the Hotel Property" so as to read "improved on the Hotel Property". Amend "Hotel Property" to "Hotel Parcel". I am unclear as to the language in the last sentence, specifically the last two lines, regarding the transfer of allowed residential density from the Hotel Parcel (?). It was my understanding that the density for the Hotel Use on the Hotel Parcel exceeded the maximum density permitted and that, as part of the Amended Application, a Termination of Status of Nonconformity for the Hotel Use on the Hotel Parcel would be necessary. As such, then there is no density to transfer to the Residential Parcel. Additionally, it was my understanding that the ability to convert from one use to another was eliminated by City Council. The original option #2 under my email of December 14, 2006, dealt with how density would be calculated on the Residential Parcel. I am unclear if any later determination has changed the method of calculation from this option #2 (?). 6. My comments from the review of the original Declaration of Restrictions regarding "4. The Declarant needs a "lot" in order to record a condominium plat with the Clerk of the Circuit Court. Code requires the recording of a condominium plat prior to the issuance of the first Certificate of Occupancy. There seems to be a disconnect in procedure." still are applicable. It would appear that either a Release of Unity of Title (if the Residential Parcel and Hotel Parcel are based on platted lot lines) or a Release of Unity of Title and Minor Lot Adjustment (if the Residential Parcel and Hotel Parcel are not based on platted lot lines) is also needed. 7. My comments from the review of the original Declaration of Restrictions regarding "9. The approval of FLD2005-05051 by the CDB included the following condition relating to the existing docks: "That boats moored at the existing dock, lifts and/or slips be for the exclusive use by the residents and/or guests of the condominiums and not be permitted to be sub- leased separately from the condominiums; There has been no discussion regarding the use of the docks. It is unclear whose boats are presently moored in the slips. If the slips are being rented, then this is a marina. Need to resolve this issue." still are applicable. Potentially this issue would be part of the Amended Application. Wayne IV 0 • Page 1 of 2 Wells, Wayne From: Delk, Michael Sent: Wednesday, February 14, 2007 5:18 PM To: Dougall-Sides, Leslie Cc: Wells, Wayne Subject: FW: dockside FYI mld -----Original Message----- From: Kent Runnells [mailto:kbrlaw@tampabay.rr.com] Sent: Wednesday, February 14, 2007 5:05 PM To: Delk, Michael Subject: RE: dockside consider it done. thanks, kent Kent Runnells Kent Runnells, P.A. 101 Main Street, Suite A Safety Harbor, FL 34695 Voice: 727-726-2728 Fax: 727-724-0879 This message and any attachments are solely for the intended recipient and may contain information that is confidential or legally privileged under applicable law. If you are not the intended recipient, any disclosure, copying, use or distribution of the information included in the message and any attachments is prohibited. If you have received this communication in error, please notify us by reply e-mail and immediately and permanently delete this message and any attachments. Thank you. From: michael.delk@MyClearwater.com [mailto:michael.delk@MyClearwater.com] Sent: Wednesday, February 14, 2007 4:58 PM To: kbrlaw@tampabay.rr.com Cc: Leslie.DougalI-Sides@myClearwater.com; Wayne.Wells@myClearwater.com Subject: RE: dockside Kent - I reviewed and think we are getting much closer subject to Leslie being otherwise comfortable. One comment off hand, can we add some language to the 60 day application paragraph that recognizes "every reasonable effort shall be made to conclude the process of development approval within 120 days of application, notwithstanding delay that may occur from time to time due to staff or project representative need for additional time to resolve issues which may arise? I should point out that the basic process about 90 days or so, so I've added a little time in anyway. I don't want to be unreasonable here but on the other hand neither one of us would want it to drag on indefinably. mld Michael Delk, AICP 2/15/2007 ?4 0 • Page 2 of 2 Planning Director City of Clearwater, FL 727-562-4561 myclearwater.com -----Original Message----- From: Kent Runnells [mailto:kbrlaw@tampabay.rr.com] Sent: Wednesday, February 14, 2007 12:09 PM To: Dougall-Sides, Leslie; Delk, Michael Cc: housh@northsideengineering.com; seastone@tampabay.rr.com; 'Ken Arsenault' Subject: dockside Leslie and michael: i don't want to be a pest--all right, i will fess up, i do want to be a pest, but not so much of a pest that you backburner my request. so on the theory that the politely squeaky wheel gets oiled, any progress on reviewing my revised declaration? thanks as always, kent Kent Runnells Kent Runnells, P.A. 101 Main Street, Suite A Safety Harbor, FL 34695 Voice: 727-726-2728 Fax: 727-724-0879 This message and any attachments are solely for the intended recipient and may contain information that is confidential or legally privileged under applicable law. If you are not the intended recipient, any disclosure, copying, use or distribution of the information included in the message and any attachments is prohibited. If you have received this communication in error, please notify us by reply e-mail and immediately and permanently delete this message and any attachments. Thank you. 2/15/2007 0 • Page 1 of 2 Wells, Wayne From: Delk, Michael Sent: Tuesday, February 13, 2007 1:12 PM To: Wells, Wayne Subject: FW: dockside condominiums Wayne - FYI. Timing is critical for us. mld -----Original Message----- From: Kent Runnells [mailto:kbriaw@tampabay.rr.com] Sent: Monday, February 12, 2007 5:03 PM To: Dougall-Sides, Leslie; Delk, Michael Cc: housh@northsideengineering.com; 'Ken Arsenault'; seastone@tampabay.rr.com Subject: dockside condominiums Leslie and Michael: attached please find a revised Declaration of Restrictions which I think addresses all of the issues the three of us discussed on Friday afternoon. Inasmuch as this document bears scant resemblance to the original document, I have not provided it in redline format indicating the changes. Your very prompt review and comment on this document is greatly appreciated. Obviously, we will provide the three legal descriptions as soon as we have them. I would request that you commence your review process asap notwithstanding the absence of the precise legal descriptions. As always, thanks for your prompt attention. Kent Kent Runnells Kent Runnells, P.A. 101 Main Street, Suite A Safety Harbor, FL 34695 Voice: 727-726-2728 Fax: 727-724-0879 This message and any attachments are solely for the intended recipient and may contain information that is confidential or legally privileged under applicable law. If you are not the intended recipient, any disclosure, copying, use or distribution of the information included in the message and any attachments is prohibited. If you have received this communication in error, please notify us by reply e-mail and immediately and permanently delete this message and any attachments. Thank you. From: Kent Runnells, P.A. [mailto:krpalaw@tampabay.rr.com] Sent: Monday, February 12, 2007 4:56 PM To: Kent Runnells Subject: DiVello Kent Runnells Kent Runnells, P.A. 101 Main Street, Suite A Safety Harbor, FL 34695 Voice: 727-726-2728 Fax: 727-724-0879 This message and any attachments are solely for the intended recipient and may contain information that is confidential or legally privileged under applicable law. If you are not the intended recipient, any disclosure, copying, use or distribution of 2/13/2007 • • Page 2 of 2 the information included in the message and any attachments is prohibited. If you have received this communication in error, please notify us by reply e-mail and immediately and permanently delete this message and any attachments. Thank you. 2/13/2007 U DECLARATION OF RESTRICTIONS THIS DECLARATION OF RESTRICTIONS is made this day of , 2007, by Fulvio DiVello, as Trustee of the DiVello Land Trust dated August 10, 2004, hereinafter referred to as "Declarant." WITNESSETH WHEREAS, Declarant is the sole owner of certain lands in Pinellas County, Florida, more particularly described on Exhibit "A" attached hereto, and incorporated herein by reference, and called the "Property" in this Declaration; and WHEREAS, for a period of many years, all of the Property has been improved with a hotel facility, and used as an overnight accommodation use; and WHEREAS, Declarant has made application to the City of Clearwater, Florida Community Development Board ("CDB") Application No. FLD2005-05051 ("Application"), to change the lawfully permitted use of the Property to attached residential use (`.`Residential Use"); and WHEREAS, pursuant to the Application, the CDB approved the use of the entire Property solely and exclusively as a Residential Use, (the "CDB Approval") and not for any Hotel Use on any part of the Property; and WHEREAS, notwithstanding such CDB Approval exclusively for Residential Use, Declarant now desires to continue to use a part of the Property (that part being more fully described in Exhibit "B" attached hereto and being incorporated herein by reference, and further being referred to herein as the "Hotel Parcel") for a hotel use ("Hotel Use"), into the foreseeable future, in lieu of Residential Use; and WHEREAS, by virtue of the fact that Declarant's current and desired continuation of such Hotel Use on the Hotel Parcel would be inconsistent with the mandates of the Development Order, the City of Clearwater has withheld the issuance of a Certificate of Occupancy ("C.O.") for Residential Use on that part of the property currently improved with thirty-one (31) residential condominium units (which property is more fully described on Exhibit "C" attached hereto and incorporated herein by reference, and which is hereinafter referred to as the "Residential Parcel"), but has expressed its willingness to issue such C.O. as an accommodation to Declarant in consideration of the obligations and undertakings of Declarant set forth herein; and WHEREAS, on January 16, 2007, pursuant to the request of the Declarant, the CDB did extend to February 16, 2008, the deadline for the Declarant to comply with the Development Order entered by the CDB pursuant to the Application, (the "Development Order") to allow time Clients\DiVelloDocksideLoanRestructure\DecofRestrictions Page 1 • • for the Declarant to amend its Application to request a Flexible Development Application to allow for the continued Hotel Use of the Hotel Parcel notwithstanding the requirements of the Development Order (the "Amended Application"); and pc.r,_,O WHEREAS, Declarant now desires to amend the Application to allow the Hotel P4ep- to continue being used as a Hotel Use; and WHEREAS, Declarant has not yet had the opportunity to bring before CDB its Amended Application requesting that the Hotel Use be allowed to continue; and Y ar-c e 1 WHEREAS, in order to allow for the City to issue the C.O. for the Residential RrepeEy while Declarant's Amended Application is pending, Declarant is willing to renounce prospectively certain rights with respect to the use of the Hotel Parcel, which rights include the right to construct on the Hotel Parcel fifty-two (52) attached residential condominium units, and Declarant is also willing to agree to all of the terms and conditions set forth herein; NOW, THEREFORE, in consideration of the above recitals which are true and correct, and intending to be legally bound to the terms hereof, Declarant declares that the Hotel Pr-y ?pct` described above shall be held, sold and conveyed subject to the following conditions and restrictions, all of which are ?W, urpose of protecting the value and desirability of the Hotel P?y and the Residential and all of which will run with the Property and be binding upon all persons having any right, title or interest therein, or of any part therein, and their respective heirs, successors and assigns, and which will inure to the benefit of Declarant, his successors and assigns forever. ARTICLE I RESTRICTIONS ON USE OF THE PROPERTY Section 1.1. Declarant agrees to file, within sixty (60) days of the execution by Declarant 7 and acceptance by the CDB of this Declaration of strictions, its Amended Application regarding the continued Hotel Use of the Hotel Parcel. Section 1.2 In the event the CDB grants the Declarant's request under the Amended Application to allow for Hotel Use, then and in said event the Property shall henceforth, in perpetuity, be limited to such uses and densities as are allowed, from time to time, under all applicable zoning and land use laws, ordinances, rules and regulations promulgated by any Federal, State, County, Municipal or quasi-governmental agency having jurisdiction and control over such matters with respect to the Property, including, but not being limited to, the limitations on the density of residential condominium units set forth in the Development Order entered in connection with the Amended Application. Section 1.3. Declarant acknowledges the existence of unresolved issues regarding the Residential Use of the Residential Parcel and the Hotel Use of the Hotel Parcel, including, but not being limited to, meeting all applicable parking, ingress and egress requirements, which Clients\DiVelloDocksideLoanRestructure\Dec of Restrictions Page 2 • • requirements will be met through one or more easement or joint use agreements with respect to and by and between the Hotel Parcel and the Residential Parcel. Section 1.4. Declarant acknowledges that the restrictions n use hereby imposed will reduce considerably from fifty-two (52), to a number which m not be ascertainable at this time, but is estimated to be twenty-two (22) the number of att ched residential condominium units which are allowed to be built, constructed and improved the Hotel Property, and further acknowledges that in order to achieve the number of residential condominiums units allowed under the Development Order to be built and improved on the Residential Parcel, the number of residential condominium units allowed on the Hotel Property, has been reduced, in perpetuity, in 7 consideration of the allowance by the CDB of a transfer of allowed residential density units from ' the Hotel Parcel to the Residential Parcel. Section 1.5. In the event the CDB does not grant the rights requested under the Amended Application, then Declarant shall remain entitled to and vested under all rights granted under the Development Order, and this Declaration of Restrictions shall be null and void, save and except for any rights acknowledged or granted herein to the City of Clearwater to enforce its rules, laws, and ordinances with respect to the Property. ARTICLE II GENERAL PROVISIONS Section 2.1. Enforcement. The City of Clearwater shall have the right to enforce, by any appropriate proceeding, all conditions and restrictions now or hereafter imposed by, or pursuant to, the provisions of this Declaration. The prevailing party in any litigation involving this Declaration shall have the right to recover from the non-prevailing party all costs and expenses thus incurred, including reasonable attorneys' fees for all trial and appellate proceedings, if any. Section 2.2. Severability. Invalidation of any particular provision of this Declaration by judgment or court order will not affect any other provision, all of which will remain in full force and effect; provided, however, any court of competent jurisdiction is hereby empowered, to the extent practicable, to reform any otherwise invalid provision of this Declaration when necessary to avoid a finding of invalidity while otherwise effectuating Declarant's intent. Section 2.3. Compliance with Law. Declarant acknowledges that, whether or not the Amended Application shall be granted, the Property shall at all times be subject to all applicable laws, rules, ordinances, and regulations, and all lawful remedies, including but not limited to code enforcement proceedings and penalties established thereunder. Clients\DiVelloDocksideLoanRestructure\Dec of Restrictions Page 3 • • IN WITNESS WHEREOF, Declarant has executed this Declaration the date stated above. DECLARANT: Fulvio DiVello, as Trustee of the DiVello Land Trust dated August 10, 2004 Witness (Print Name Witness (Print Name STATE OF FLORIDA ) COUNTY OF PINELLAS} The foregoing instrument was acknowledged before me this day of , 2007, by Fulvio DiVello, who is personally known to me or who produced as identification. NOTARY PUBLIC - STATE OF FLORIDA My Commission Expires: Clients\DiVelloDocksideLoanRestructure\DecofRestrictions Page 4 EXHIBIT "A" LEGAL DESCRIPTION OF OVERALL PARCEL (the Property) Cllents\DiVelloDocksideLoanRestructure\DecofRestrictions Page 5 • EXHIBIT "B" LEGAL DESCRIPTION OF HOTEL PARCEL LJ Clients\DiVelloDocksideLoanRestructure\Dec of Restrictions Page 6 0 0 EXHIBIT "C" LEGAL DESCRIPTION OF RESIDENTIAL PARCEL Clients\DiVelloDocksideLoanRestructureMDec of Restrictions Page 7 Wells, Wayne From: Wells, Wayne Sent: Friday, February 09, 2007 10:27 AM To: Delk, Michael Subject: 445 Hamden Drive - Declaration of Restrictions - Response to Kent Runnells Michael - have read Mr. Runnells letter dated February 5, 2007, and have the following comments: 1. Regarding my prior Comment #3 (from January 25, 2007), the purpose of this Declaration of Restrictions is to provide some interim measure of relief to the property owner and it is not intended to grant approvals that are necessary to be properly granted by the CDB. The Declaration will provide the Planning Director with some assurances that the necessary submission of an application to revise the original, approved FLD case to what they want today, in consideration for the release of Certificates of Occupancy for the units in the northern building. Absent this Declaration of Restrictions giving the Planning Director certain assurances, the applicant would be submitting a FLD request to amend the prior approved project to permit Mixed Use over the total property, including the ability to create two lots (one for the attached dwelling northern building and one for the overnight accommodation southern building), doing the Release of Unity of Title and Minor Lot Adjustment after CDB approval and before recording a condominium plat in order to sell the condominium units, all prior to the issuance of Certificates of Occupancy for the units in the northern building (option stated in my December 14, 2006, email). Mr. Runnells appears to assume that the action of memorializing the Declaration of Restrictions where we as Staff are willing to stick our necks out to assist the property owner "in advance" of proper CDB action negates the need to submit for the Mixed Use FLD application. This is not true. 2. Regarding density calculations, relating to my prior Comment #6 (from January 25, 2007), 1 am unclear why Mr. Runnells is dividing 52 dwelling units by.75. Conversion factors for nonconformities have been eliminated by City Council. The original approval for Termination of Nonconformity related to density was based on the overall parcel having 111 overnight accommodation units, not any specific number in one building versus the other. Our discussions have included the current permitted density of 30 dwelling units per acre, since the conversion factors previously allowed have been eliminated from the Code by City Council. My email of December 14, 2006, outlined the issue of density. CDB approval is still necessary to approve Mixed Use over the original parcel. Again, as stated in Comment #10 (from January 25, 2007), the Declaration of Restrictions needs to acknowledge that a FLD application would be filed by a certain date, in due consideration of issuing the Certificates of Occupancy for the units in the northern building after recording the Declaration of Restrictions. 3. Comment #2 (from January 25, 2007) is still valid. 4. Comment #4 (from January 25, 2007) is still valid. 5. Comment #7 (from January 25, 2007) is still valid. We are still at the two options listed in the December 14, 2006, email. The Declaration of Restrictions is meant as an interim measure, prior to the soon-to-be-submitted FLD application to permit Mixed Use over the entire property, to provide assurances in consideration of the issuance of Certificates of Occupancy for the units in the northern building. 6. Comment #9 (from January 25, 2007) - This issue is still valid. The approvals granted under FLD2005-05051, changing the use of the property to residential, included the condition of approval as previously stated. The proposed change to have mixed use for the docks will need to be included in the FLD application to be filed so that issues of dual use (condominium use versus hotel use), including appropriate conditions of approval, needs to be addressed. If the property owner desires some time frame to deal with the issues of existing boats moored at the docks, then that could be part of the request. Alternately, if they want a marina, then we need to deal with that request appropriately through the FLD process. Wayne 1a • 0 Page 1 of 4 Wells, Wayne From: Delk, Michael Sent: Thursday, February 08, 2007 4:30 PM To: 'Kent Runnells' Cc: Dougall-Sides, Leslie; Wells, Wayne Subject: RE: Dockside condominiums Kent - We certainly do not want to punish 'forthrightness" as you have stated. I appreciate your client telling us where he intends to take the property. Certainly we are willing to sign the CO's for the use for which they were permitted. We do however still have concerns about it from a DO and approval standpoint as condos. Regardless, we have a sense of urgency here about your clients position. Wayne has a deadline for CDB reports which has hurt us from a timing standpoint. But, we are scheduled to meet with Leslie at 1:30 tomorrow afternoon on this issue. Please let me know if you are available at that time as we may want to conference call with you. Additionally, it is not normally the city's practice to draft an agreement in these circumstances. I would encourage you to address what comments you are willing to in a revised draft and forward it to us. We will develop a response to the other items tomorrow and advise you accordingly. One last comment, I don't know if I read your letter correctly but would be concerned if you remove from the table the restriction on residential (condo) density on the south parcel. It seemed you had concern about retaining the hotel units. If we can agree on the general approach, the hotel units can be terminated as a non-conformity and rebuilt at the existing density. They just cannot any longer be converted to condo units. This part is important to us. We'll be following up with you tomorrow. mid Michael Delk, AICP Planning Director City of Clearwater, FL 727-562-4561 myclearwater.com -----Original Message----- From: Kent Runnells [mailto:kbrlaw@tampabay.rr.com] Sent: Thursday, February 08, 2007 4:17 PM To: Delk, Michael; seastone@tampabay.rr.com; housh@northsideengineering.com; 'Ken Arsenault' Subject: RE: Dockside condominiums thanks michael. please allow me to pose a question: assuming fulvio had never intimated to the city that he wanted to continue his hotel use, and had just asked for an extension of his 2/16 deadline for mundane purposes (ie, finish up his engineering, etc. to build the condo project as approved), what then would it have taken to get his c.o.? would he not then have been more or less entitled to it as a matter of right upon proper completion of the north building, once he submitted the letter requesting that the c.o. be issued for a condo notwithstanding the fact that his original building permit application was for the restoration of a hotel? clearly; he had, during the construction process, gone through all of the proper channels and procedures to get permission to convert to a condo prior to completion of the project. i mean, it's not like he was trying to slip one over on the city. the point is, it would appear to me that, technically, that is precisely where we are at this moment, given the fact that no application has been submitted to go back to a hotel use on the southern building; we have merely, in extreme good faith, placed all of our cards on the table, and told the city where he wants to go on this project. if that be the case, why, then, is he not still 2/8/2007 ??- , . • Page 2 of 4 entitled to the issuance of a c.o. upon supplying to kevin garriot the letter requested back in october? it almost looks like he is being punished for being forthright about his intentions. I am not trying to be difficult oir quarrelsome, but merely trying to figure out a way that the city must, with things as they currently sit, legally issue a c.o. I can not overstate the urgency with which fulvio needs the c.o. nor the economic loss he will suffer until he gets c.o.'d. thanks for listening. kent Kent Runnells Kent Runnells, P.A. 101 Main Street, Suite A Safety Harbor, FL 34695 Voice: 727-726-2728 Fax: 727-724-0879 This message and any attachments are solely for the intended recipient and may contain information that is confidential or legally privileged under applicable law. If you are not the intended recipient, any disclosure, copying, use or distribution of the information included in the message and any attachments is prohibited. If you have received this communication in error, please notify us by reply e-mail and immediately and permanently delete this message and any attachments. Thank you. From: michael.delk@MyClearwater.com [mailto:michael.delk@MyClearwater.com] Sent: Thursday, February 08, 2007 3:41 PM To: kbrlaw@tampabay.rr.com Subject: RE: Dockside condominiums Kent - We'll get comments to Leslie ASAP. We know time is of the essence. mld Michael Delk, AICP Planning Director City of Clearwater, FL 727-562-4561 myclearwater.com -----Original Message----- From: Kent Runnells [mailto:kbrlaw@tampabay.rr.com] Sent: Thursday, February 08, 2007 11:54 AM To: Delk, Michael; Dougall-Sides, Leslie Cc: housh@northsideengineering.com; seastone@tampabay.rr.com Subject: RE: Dockside condominiums Leslie and Michael: I do not mean to be a pest, but i am anxiously awaiting a response to my letter of monday. As you may know, Fulvio's building has been cempleted since October, and he has incurred about a quarter million dollars in carrying costs on condos he can't sell because he cannot get his C.O. Please do whatever you can to make this a top priority before he is forced to throw in the towel and face personal financial ruin. He simply cannot hold on much longer. Thank you, kent Kent Runnells Kent Runnells, P.A. 101 Main Street, Suite A Safety Harbor, FL 34695 Voice: 727-726-2728 Fax: 727-724-0879 This message and any attachments are solely for the intended recipient and may contain information that is confidential or legally privileged under applicable law. If you are not the intended recipient, any disclosure, 2/8/2007 rX • ?? • Page 3 of 4 copying, use or distribution of the information included in the message and any attachments is prohibited. If you have received this communication in error, please notify us by reply e-mail and immediately and permanently delete this message and any attachments. Thank you. From: michael.delk@MyClearwater.com [mailto:michael.delk@MyClearwater.com] Sent: Monday, February 05, 2007 4:55 PM To: Leslie.Dougall-Sides@MyClearwater.com Cc: kbrlaw@tampabay.rr.com Subject: FW: Dockside Leslie - FYI. mld -----Original Message----- From: Kent Runnells [mailto:kbrlaw@tampabay.rr.com] Sent: Monday, February 05, 2007 4:51 PM To: seastone@tampabay.rr.com; housh@northsideengineering.com; Delk, Michael Subject: FW: Dockside michael: i wanted to a mail this to leslie, as well as fax it to her, but i don't have her a addy. please e it to her at your earliest convenience. thanks, kent Kent Runnells Kent Runnells, P.A. 101 Main Street, Suite A Safety Harbor, FL 34695 Voice: 727-726-2728 Fax: 727-724-0879 This message and any attachments are solely for the intended recipient and may contain information that is confidential or legally privileged under applicable law. If you are not the intended recipient, any disclosure, copying, use or distribution of the information included in the message and any attachments is prohibited. If you have received this communication in error, please notify us by reply e-mail and immediately and permanently delete this message and any attachments. Thank you. From: Kent Runnells, P.A. [mailto:krpalaw@tampabay.rr.com] Sent: Monday, February 05, 2007 4:38 PM To: Kent Runnells Subject: Dockside Kent Runnells Kent Runnells, P.A. 101 Main Street, Suite A Safety Harbor, FL 34695 Voice: 727-726-2728 Fax: 727-724-0879 This message and any attachments are solely for the intended recipient and may contain information that is confidential or legally privileged under applicable law. If you are not the intended recipient, any disclosure, copying, use or distribution of the information included in the message and any attachments is prohibited. If 2/8/2007 0 0 . Page 4 of 4 you have received this communication in error, please notify us by reply e-mail and immediately and permanently delete this message and any attachments. Thank you. 2/8/2007 '41 .,; . • Page 1 of 3 Wells, Wayne From: Delk, Michael Sent: Thursday, February 08, 2007 3:53 PM To: Dougall-Sides, Leslie Cc: Akin, Pam; Wells, Wayne Subject: RE: Dockside condominiums FYI. While I await Wayne weighing in on the most recent draft, it appears to me now that the applicant is unwilling to give up residential density on the southerly portion of the property to keep the terminated and converted units on the north. If I am reading it correctly then I am once again hesitant to alter our original CDB approval. That was not the direction I thought they had expressed a willingness to go. mld -----Original Message----- From: Dougall-Sides, Leslie Sent: Thursday, February 08, 2007 1:07 PM To: Delk, Michael Cc: Akin, Pam Subject: FW: Dockside condominiums Any Planning comments to last draft [see my e-mail of Tues.a.m.]? Let's talk this afternoon... Leslie K. Dougall-Sides Assistant City Attorney City of Clearwater P.O. Box 4748 Clearwater, Florida 33758 (727) 562-4010 phone (727) 562-4021 fax Board Certified in City, County and Local Government Law Admitted in Florida, Oregon, and the District of Columbia Senior Professional in Human Resources -----Original Message----- From: Kent Runnells [mailto:kbrlaw@tampabay.rr.com] Sent: Thursday, February 08, 2007 11:54 AM To: Delk, Michael; Dougall-Sides, Leslie Cc: housh@northsideengineering.com; seastone@tampabay.rr.com Subject: RE: Dockside condominiums Leslie and Michael: I do not mean to be a pest, but i am anxiously awaiting a response to my letter of monday. As you may know, Fulvio's building has been cempleted since October, and he has incurred about a quarter million dollars in carrying costs on condos he can't sell because he cannot get his C.O. Please do whatever you can to make this a top priority before he is forced to throw in the towel and face personal financial ruin. He simply cannot hold on much longer. Thank you, kent Kent Runnells Kent Runnells, P.A. 101 Main Street, Suite A 2/8/2007 1# 0 • Page 2 of 3 Safety Harbor, FL 34695 Voice: 727-726-2728 Fax: 727-724-0879 This message and any attachments are solely for the intended recipient and may contain information that is confidential or legally privileged under applicable law. If you are not the intended recipient, any disclosure, copying, use or distribution of the information included in the message and any attachments is prohibited. If you have received this communication in error, please notify us by reply e-mail and immediately and permanently delete this message and any attachments. Thank you. From: michael.delk@MyClearwater.com [mailto:michael.delk@MyClearwater.com] Sent: Monday, February 05, 2007 4:55 PM To: Leslie. Dougall-Sides@MyClearwater.com Cc: kbrlaw@tampabay.rr.com Subject: FW: Dockside Leslie - FYI. mid -----Original Message----- From: Kent Runnells [mailto: kbrlaw@tampa bay. rr.com] Sent: Monday, February 05, 2007 4:51 PM To: seastone@tampabay.rr.com; housh@northsideengineering.com; Delk, Michael Subject: FW: Dockside michael: i wanted to a mail this to leslie, as well as fax it to her, but i don't have her a addy. please a it to her at your earliest convenience. thanks, kent Kent Runnells Kent Runnells, P.A. 101 Main Street, Suite A Safety Harbor, FL 34695 Voice: 727-726-2728 Fax: 727-724-0879 This message and any attachments are solely for the intended recipient and may contain information that is confidential or legally privileged under applicable law. If you are not the intended recipient, any disclosure, copying, use or distribution of the information included in the message and any attachments is prohibited. If you have received this communication in error, please notify us by reply e-mail and immediately and permanently delete this message and any attachments. Thank you. From: Kent Runnells, P.A. [mailto:krpalaw@tampabay.rr.com] Sent: Monday, February 05, 2007 4:38 PM To: Kent Runnells Subject: Dockside Kent Runnells Kent Runnells, P.A. 101 Main Street, Suite A Safety Harbor, FL 34695 2/8/2007 0 • Page 3 of 3 Voice: 727-726-2728 Fax: 727-724-0879 This message and any attachments are solely for the intended recipient and may contain information that is confidential or legally privileged under applicable law. If you are not the intended recipient, any disclosure, copying, use or distribution of the information included in the message and any attachments is prohibited. If you have received this communication in error, please notify us by reply e-mail and immediately and permanently delete this message and any attachments. Thank you. 2/8/2007 0 . 9 Page 1 of 1 Wells, Wayne From: Delk, Michael Sent: Tuesday, February 06, 2007 10:01 AM To: Wells, Wayne Cc: Dougall-Sides, Leslie Subject: FW: Dockside Wayne - Mr. Runnells has provided another draft for our consideration. Leslie will await our review based on your earlier comments. michael -----Original Message----- From: Kent Runnells [mailto:kbrlaw@tampabay.rr.com] Sent: Monday, February 05, 2007 4:51 PM To: seastone@tampabay.rr.com; housh@northsideengineering.com; Delk, Michael Subject: FW: Dockside michael: i wanted to a mail this to leslie, as well as fax it to her, but i don't have her a addy. please a it to her at your earliest convenience. thanks, kent Kent Runnells Kent Runnells, P.A. 101 Main Street, Suite A Safety Harbor, FL 34695 Voice: 727-726-2728 Fax: 727-724-0879 This message and any attachments are solely for the intended recipient and may contain information that is confidential or legally privileged under applicable law. If you are not the intended recipient, any disclosure, copying, use or distribution of the information included in the message and any attachments is prohibited. If you have received this communication in error, please notify us by reply e-mail and immediately and permanently delete this message and any attachments. Thank you. From: Kent Runnells, P.A. [mailto:krpalaw@tampabay.rr.com] Sent: Monday, February 05, 2007 4:38 PM To: Kent Runnells Subject: Dockside Kent Runnells Kent Runnells, P.A. 101 Main Street, Suite A Safety Harbor, FL 34695 Voice: 727-726-2728 Fax: 727-724-0879 This message and any attachments are solely for the intended recipient and may contain information that is confidential or legally privileged under applicable law. If you are not the intended recipient, any disclosure, copying, use or distribution of the information included in the message and any attachments is prohibited. If you have received this communication in error, please notify us by reply e-mail and immediately and permanently delete this message and any attachments. Thank you. 2/8/2007 A? Page 1 of 2 Wells, Wayne From: Dougall-Sides, Leslie Sent: Tuesday, February 06, 2007 9:15 AM To: Delk, Michael Cc: Akin, Pam; Wells, Wayne Subject: RE: Dockside Importance: High Since the attached letter is addressed to me, please provide Planning's comments on these latest proposals so that I may respond. Leslie K. Dougall-Sides Assistant City Attorney City of Clearwater P.O. Box 4748 Clearwater, Florida 33758 (727) 562-4010 phone (727) 562-4018 fax Board Certified in City, County and Local Government Law Admitted in Florida, Oregon, and the District of Columbia Senior Professional in Human Resources -----Original Message----- From: Delk, Michael Sent: Monday, February 05, 2007 4:55 PM To: Dougall-Sides, Leslie Cc: 'kbrlaw@tampabay.rr.com' Subject: FW: Dockside Leslie - FYI. mid -----Original Message----- From: Kent Runnells [mailto:kbrlaw@tampabay.rr.com] Sent: Monday, February 05, 2007 4:51 PM To: seastone@tampabay.rr.com; housh@northsideengineering.com; Delk, Michael Subject: FW: Dockside michael: i wanted to a mail this to leslie, as well as fax it to her, but i don't have her a addy. please a it to her at your earliest convenience. thanks, kent Kent Runnells Kent Runnells, P.A. 101 Main Street, Suite A Safety Harbor, FL 34695 Voice: 727-726-2728 Fax: 727-724-0879 2/15/2007 Page 2 of 2 . This message and any attachments are solely for the intended recipient and may contain information that is confidential or legally privileged under applicable law. If you are not the intended recipient, any disclosure, copying, use or distribution of the information included in the message and any attachments is prohibited. If you have received this communication in error, please notify us by reply e-mail and immediately and permanently delete this message and any attachments. Thank you. From: Kent Runnells, P.A. [mailto:krpalaw@tampabay.rr.com] Sent: Monday, February 05, 2007 4:38 PM To: Kent Runnells Subject: Dockside Kent Runnells Kent Runnells, P.A. 101 Main Street, Suite A Safety Harbor, FL 34695 Voice: 727-726-2728 Fax: 727-724-0879 This message and any attachments are solely for the intended recipient and may contain information that is confidential or legally privileged under applicable law. If you are not the intended recipient, any disclosure, copying, use or distribution of the information included in the message and any attachments is prohibited. If you have received this communication in error, please notify us by reply e-mail and immediately and permanently delete this message and any attachments. Thank you. 2/15/2007 0 • KENT RUNNELLS, P.A. ATTORNEY AT LAW 101 MAIN STREET, SUITE A SAFETY HARBOR, FL 34695 VOICE (727) 726-2728 • FAX (727) 724-0879 VIA FACSIMILE (727) 562-4021 February 5, 2007 Leslie Dougall-Sides Office of the City Attorney City of Clearwater P. O. Box 4748 Clearwater, FL 33758-4748 RE: Dockside Condominiums Dear Leslie: Friday I had the opportunity to meet with Fulvio and Housh to discuss the issues raised in your ten comments of January 30, 2007. I do not anticipate any trouble in adequately responding to your items numbered 1, 5, and 8. I do not believe there are any substantive issues on these items, and it will be a straight forward process for me to revise the declarations and restrictions consistent with your comments. As to the more substantive items on your list, please consider the following: As Fulvio, Housh, and I reviewed the revised survey, especially in the context of your comment number 3 regarding the unity of title/minor lot adjustment issues, it occurred to us that there may be a simple solution to this issue. As currently drawn, the proposed condominium parcel does in fact contain a boundary line which is not on an existing platted property line (the southern boundary line of lot 8). However, this new proposed lot line is only about 15 feet away from the existing lot 8 boundary line, so it appears the quickest and best approach would be to relocate the proposed condominium boundary line so that it is over the platted boundary line for lot 8, thus eliminating the need for a minor lot adjustment. This will increase the setback, so no setback issues will be created. If this is done, and Unity of Title is filed separating the new condominium parcel from the hotel parcel over this existing (and other existing) platted lot lines, it would appear many of our problems may thus be solved. Would it not then be the case, since Unity of Title has been filed splitting the two properties, that the condominium project will be on one parcel and the hotel will be on another parcel, thus eliminating the mixed use concern in its entirety? This concern having been eliminated, it would appear we are then left with addressing the issue of density. • Leslie Dougall-Sides February 5, 2007 Page 2 According to calculations performed by Housh, this calculation is roughly as follows: 83 residential units are permitted on the overall parcel, but 31 have been used on the north parcel, leaving 52 residential units for the southern parcel. Dividing 52 by .75 yields 69 overnight accommodation units, where 62 currently exist, resulting in the hotel parcel being less dense than allowed. This having been accomplished, we would now ask (in the context ofyour comment number 6) whether it is still necessary to go back in front of the CDB, for Unity of Title, I believe, is handled at a staff level, and once Unity of Title has been filed and the mixed use concern eliminated, it is unclear what remains for the CDB to address. In this same vein, then, in the context of your comment number 10, would there be any reason to submit a new Flexible Development Application? As for your other comments, I believe number 2 was not a direct question or requirement, but rather framed the issue set forth fully in number 3, and has been subsumed in my answer to issue number 3. As for comment number 4, the Unity of Title condominium lot would comprise the lot to be recorded in connection with the condominium. We anticipate being able to do this as early as this week. Regarding your comment number 7, the answer is no, the word "not" is not missing from the language supplied. My thought here was that the purpose of Fulvio's filing this declaration was to provide to the City certain assurances regarding density, but that if the desired result (i.e. keeping the hotel in operation) was not achieved, Fulvio would still reserve the right to go back to "Plan A", and construct 52 residential units on the hotel parcel. Of course, once the hotel parcel is allowed to remain as exists, Fulvio would have no objection to reducing the residential unit density on that parcel to the 22 units provided for in your comment number 6. However, he cannot allow himself to be forced into a position where he gives up 30 density units on the hotel parcel and is subsequently denied the ability to continue to operate the hotel on that parcel, and then forced to build a 22 unit condominium project. I do not believe this result was ever your intention, so I hope that if you find the current structure of this paragraph problematic you can suggest an alternative approach which will similarly preserve Fulvio's density rights. Regarding your comment number 9 on the docks, it is not the intention to operate these docs as a marina. As you know, the plan is to sell 8 of these docks to condominium owners, and reserve 2 docks for the exclusive of the hotel and its guests; however, it is Fulvios belief that this is currently legally being operated as a marina, with some of the slips being rented, and he would need time to remove the current tenants from those slips. He anticipates one year would be adequate time to undertake that process. Please consider and respond to these comments at your very earliest convenience so that I may incorporate your comments into my next draft document. I want to spare you the exercise of reviewing a document which is fatally flawed for lack of having incorporated your requirements. Once again, I thank you for your continued support and cooperation, and would emphasize the urgency in getting this matter to a point where C.O.'s for condominium units can be issued, e . 0 0 Leslie Dougall-Sides February 5, 2007 Page 3 hopefully this week. I cannot overstate the urgency associated with Fulvio obtaining C.O.'s on this project. Sincerely yours, KENT B. RUNNELLS KBR/mm cc: Fulvio DiVello Housh Ghovaee Michael Delk (via e-mail) Leslie Dougall-Sides (via e-mail) Dc*.kside Condo's & Hotel Ap .sals for Fifth Third Bank Page 1 of 2 Wells, Wayne From: Delk, Michael Sent: Friday, February 02, 2007 1:15 PM To: 'Craig.Miller@53.com' Cc: Wells, Wayne Subject: RE: Dockside Condo's & Hotel Appraisals for Fifth Third Bank Mr. Craig: At this time, the parent site has not be delineated or separated. Doing so will require an evaluation of each individual parcel and may result in the need for cross parking and access easements. For this and other reasons, we have not signed off on Certificates of Occupancy for the "condominium" portion of the site. These renovations originally occurred as part of a repair/renovation of overnight accommodations resulting from storm damage. In the long term, we support the project as a mixed use of condominiums and 62 or more hotel units. However, we need to alter our original approval. In order to facilitate this process in the interim, the applicant has indicated through their attorney a willingness to enter into a development agreement that will stipulate to certain conditions which may allow the condominium CO's to be issued. This matter is presently in review by both the applicant's and City attorneys. Michael Delk, AICP Planning Director City of Clearwater, FL 727-562-4561 myclearwater.com [Delk, Michael] -----Original Message----- From: Wells, Wayne Sent: Thursday, February 01, 2007 7:09 PM To: Delk, Michael Subject: FW: Dockside Condo's & Hotel Appraisals for Fifth Third Bank Michael - Any pointers as to how to answer his questions/concerns, so that I can email him a response? Wayne -----Original Message----- From: Miller, Craig [mailto:Craig.Miller@53.com] Sent: Wednesday, January 31, 2007 2:30 PM To: Wells, Wayne Subject: Dockside Condo's & Hotel Appraisals for Fifth Third Bank 2/15/2007 Doikside Condo's & Hotel ApSsals for Fifth Third Bank • Page 2 of 2 Dear Mr. Wells: I am a commercial real estate appraiser with Fifth Third Bank in Tampa. We (Fifth Third Bank) are considering a financing transaction and my job is to oversee the appraisal of real estate, which would be our collateral. In December, you and I spoke about the status of development approvals on two properties owned by our customer, Mr. Fulvio DiVello. The two properties include a residential condominium building and a hotel on Clearwater Beach. I had contacted you in order to find out if the condominium building conversion (which was formerly part of the hotel) could be completed and units sold to prospective end users. Secondly, was trying to find out if the hotel would continue to operate as a 62-unit hotel. You returned my call and explained that the City had concerns about how the two properties would be divided and if there would be sufficient parking available for both the hotel and the condominium building. There were other concerns involving the number of hotel units the City would approve. You said that the matter would be discussed at a meeting in a week or so. Fifth Third Bank stopped the appraisal of the two properties until we could determine if the condominium building and hotel property would be allowed to move forward as the developer intends. That is to say, we stopped the appraisals until we can determine if the condominium building will be allowed to sell 31 units and the hotel will be allowed to operate with 62 rooms. Our appraisals would be based on the income potential of the two properties, so those factors would impact the valuation. At this point, our customer Mr. Fulvio DiVello tells us that the condominium is approved for 31 units and the hotel can continue to operate with 62 rooms. I am asking you if this information is correct. Can you tell me if the parent site has been delineated into the condominium site and the hotel site? And lastly, has the City determined the number of required parking spaces for each site? know you are very busy, but I was hoping you could help me with this information so we could complete our appraisals. Thanks very much for your consideration. Craig Miller Fifth Third Bank Real Estate Valuation Group 201 E. Kennedy Blvd., Suite 2000 Tampa, FL 33602 (813) 306-2419 This e-mail transmission contains information that is confidential and may be p It is intended only for the addressee(s) named above. If you receive this e-mai please do not read, copy or disseminate it.in any manner. If you are not the i recipient, any disclosure, copying, distribution or use of the contents of this is prohibited. Please reply to the message immediately by informing the sender message was misdirected. After replying, please erase it from your computer sys assistance in correcting this error is appreciated. 2/15/2007 FAV: Declaration o-IRestrictior#&DiVello, 445 Hamden Drive • Page 1 of 3 s Wells, Wayne From: Wells, Wayne Sent: Tuesday, January 30, 2007 11:57 AM To: 'kbrlaw@tampabay.rr.com' Cc: Housh Ghovaee (E-mail); Delk, Michael; Dougall-Sides, Leslie; Akin, Pam Subject: FW: Declaration of Restrictions - DiVello, 445 Hamden Drive , Kent - I am forwarding an email from Leslie Dougall-Sides regarding the review of the proposed Declaration of Restrictions. Wayne -----Original Message----- From: Dougall-Sides, Leslie Sent: Monday, January 29, 2007 10:06 PM To: Delk, Michael Cc: Wells, Wayne; Akin, Pam Subject: RE: Declaration of Restrictions - DiVello, 445 Hamden Drive I agree with Wayne's comments. The Declaration as drafted is not sufficiently specific and needs further work. Leslie From: Delk, Michael Sent: Mon 1/29/2007 9:09 AM To: Dougall-Sides, Leslie Cc: Wells, Wayne Subject: FW: Declaration of Restrictions - DiVello, 445 Hamden Drive Leslie - FYI. Wayne's comments on teh draft legal document. michael -----Original Message----- From: Wells, Wayne Sent: Thursday, January 25, 2007 11:15 AM To: Delk, Michael Subject: Declaration of Restrictions - DiVello, 445 Hamden Drive Michael - I have reviewed the proposed Declaration of Restrictions submitted by Kent Runnells and have the following comments. You have indicated you want to discuss prior to sending to Leslie (?). Let me know: 1. The "Whereas" section does not recognize that the CDB approved a project that was purely residential over the 1/30/2007 FIN': Declaration of Restrictio*iVello, 445 Hamden Drive • Page 2 of 3 entire property. There needs to be at least one (possibly more) "Whereas" statements that refer to the approvals granted by the CDB and the conundrum that precipitates this Declaration of Restrictions. 2. The document "assumes" the property has been subdivided into two lots (the "Property" and the "Other Property"). The approval granted by the CDB, however, was for the recording of a Unity of Title reflecting this as one development lot, not two, and densities were based on the overall property. 3. The overall property's legal description is a number of platted lots and an unplatted portion under one parcel number (08/29/15/17640/000/0040). Based on this legal description and to desiring two lots, Code requires a request for a Release of Unity of Title of the overall property to allow the creation of two lots. It is unknown where this new "common" lot line between the two lots is proposed. IF the new "common" lot line between the two lots occurs on an existing platted property line, then only a Release of Unity of Title request will need to be approved and two new Unity of Titles will be required to be recorded based on the legal descriptions of the two proposed lots. IF the new "common" lot line between the two lots does not occur on an existing platted property line, then a request for a Release of Unity of Title and Minor Lot Adjustment will be necessary to create the two proposed lots. One of these options would need to occur prior the recording of a deed (from the Declarant to the Declarant) in the public records to effect a change in the Property Appraiser parcel numbering (a parcel number for the northern lot and a parcel number for the southern lot). An alternative to the above is to plat the property into two lots, which would require the review and approval of a preliminary and final plat. In order to record a condominium plat there has to be a legal description of the "lot" or "parcel" that is the subject of the plat. There is NO discussion in the Declaration of Restrictions that speaks to when this creation of two lots is to occur. Would this be as part of the new Flexible Development application that would be submitted? 4. The Declarant needs a "lot" in order to record a condominium plat with the Clerk of the Circuit Court. Code requires the recording of a condominium plat prior to the issuance of the first Certificate of Occupancy. There seems to be a disconnect in procedure. 5. The fifth "Whereas" on Page 1 and Article 1, Section 2 on Page 2 refers to 51 attached dwelling units. The overall property was approved for 83 attached dwelling units. The northern building was to have 31 attached dwelling units. The southern building was to have 52 (not 51) attached dwelling units. 6. Prior discussions have involved the density that would be created on the two lots. Preliminary calculations indicated the northern lot with its 31 attached dwelling units would exceed the maximum permitted number of dwelling units otherwise. permitted at 30 dwelling units per acre by potentially six dwelling units. To incentivise the retainage of the 62 overnight accommodation units on the southern lot, it was my understanding that the deed restriction would reduce the future redevelopment of the southern lot for attached dwellings by six dwelling units less than what would otherwise be permitted by the allowable density (in other words, if the southern lot permitted 28 dwelling units based on a maximum allowable density of 30 dwelling units per acre, then only a maximum of 22 dwelling units could be constructed on the southern lot; 28 - 6 = 22). 7. Unclear as to what is intended for Article 1, Section 3 on Page 2. Should there be a "not" between "shall" and "have" on the second line? Why would the City otherwise allow the Declarant to amend or release the restrictive covenant prior to the City approving a new Flexible Development application? Sounds to me that he would get his cake and be able to eat it too. 8. The Declaration of Restrictions does not provide any language that the Declarant will diligently work with the City to provide any necessary cross parking agreements or easements, cross-access easements, etc. to deal with shared facilities or to work with the City to resolve any setback, landscaping or any other issues that may arise. 9. The approval of FLD2005-05051 by the CDB included the following condition relating to the existing docks: "That boats moored at the existing dock, lifts and/or slips be for the exclusive use by the residents and/or guests of the condominiums and not be permitted to be sub-leased separately from the condominiums;" There has been no discussion regarding the use of the docks. It is unclear whose boats are presently moored in the slips. If the slips are being rented, then this is a marina. Need to resolve this issue. 10. There is nothing in the Declaration of Restrictions that requires the Declarant to submit a new Flexible Development application (and possibly plat) by any time frame. It would seem that in consideration of the City issuing Certificates of Occupancies allowing the Declarant the ability to sell the dwelling units in the northern 1/30/2007 445 Hamden Drive Page 3 of 3 FV: Declaration of Restrictio DiVello, 0 0 building. that a Flexible Development application should be filed SOON (QUICKLY). Wayne 1/30/2007 FWV: Declaration of Restrictio*iVello, 445 Hamden Drive • Page 1 of 2 Wells, Wayne From: Dougall-Sides, Leslie Sent: Monday, January 29, 2007 10:06 PM To: Delk, Michael Cc: Wells, Wayne; Akin, Pam Subject: RE: Declaration of Restrictions - DiVello, 445 Hamden Drive I agree with Wayne's comments. The Declaration as drafted is not sufficiently specific and needs further work. Leslie From: Delk, Michael Sent: Mon 1/29/2007 9:09 AM To: Dougall-Sides, Leslie Cc: Wells, Wayne Subject: FW: Declaration of Restrictions - DiVello, 445 Hamden Drive Leslie - FYI. Wayne's comments on teh draft legal document. michael -----Original Message----- From: Wells, Wayne Sent: Thursday, January 25, 2007 11:15 AM To: Delk, Michael Subject: Declaration of Restrictions - DiVello, 445 Hamden Drive Michael - I have reviewed the proposed Declaration of Restrictions submitted by Kent Runnells and have the following comments. You have indicated you want to discuss prior to sending to Leslie (?). Let me know: 1. The "Whereas" section does not recognize that the CDB approved a project that was purely residential over the entire property. There needs to be at least one (possibly more) "Whereas" statements that refer to the approvals granted by the CDB and the conundrum that precipitates this Declaration of Restrictions. 2. The document "assumes" the property has been subdivided into two lots (the "Property" and the "Other Property"). The approval granted by the CDB, however, was for the recording of a Unity of Title reflecting this as one development lot, not two, and densities were based on the overall property. 3. The overall property's legal description is a number of platted lots and an unplatted portion under one parcel number (08/29/15/17640/000/0040). Based on this legal description and to desiring two lots, Code requires a request for a Release of Unity of Title of the overall property to allow the creation of two lots. It is unknown where this new "common" lot line between the two lots is proposed. IF the new "common" lot line between the two lots occurs on an existing platted property line, then only a Release of Unity of Title request will need to be approved and two new Unity of Titles will be required to be recorded based on the legal descriptions of the two proposed lots. IF the new "common" lot line between the two lots does not occur on an existing platted property line, then.a request for a Release of Unity of Title and Minor Lot Adjustment will be necessary to create the two proposed 1/30/2007 FW: Declaration of Restriction DiVello, 445 Hamden Drive • Page 2 of 2 lots. One of these options would need to occur prior the recording of a deed (from the Declarant to the Declarant) in the public records to effect a change in the Property Appraiser parcel numbering (a parcel number for the northern lot and a parcel number for the southern lot). An alternative to the above is to plat the property into two lots, which would require the review and approval of a preliminary and final plat. In order to record a condominium plat there has to be a legal description of the "lot" or "parcel" that is the subject of the plat. There is NO discussion in the Declaration of Restrictions that speaks to when this creation of two lots is to occur. Would this be as part of the new Flexible Development application that would be submitted? 4. The Declarant needs a "lot" in order to record a condominium plat with the Clerk of the Circuit Court. Code requires the recording of a condominium plat prior to the issuance of the first Certificate of Occupancy. There seems to be a disconnect in procedure. 5. The fifth "Whereas" on Page 1 and Article 1, Section 2 on Page 2 refers to 51 attached dwelling units. The overall property was approved for 83 attached dwelling units. The northern building was to have 31 attached dwelling units. The southern building was to have 52 (not 51) attached dwelling units. 6. Prior discussions have involved the density that would be created on the two lots. Preliminary calculations indicated the northern lot with its 31 attached dwelling units would exceed the maximum permitted number of dwelling units otherwise permitted at 30 dwelling units per acre by potentially six dwelling units. To incentivise the retainage of the 62 overnight accommodation units on the southern lot, it was my understanding that the deed restriction would reduce the future redevelopment of the southern lot for attached dwellings by six dwelling units less than what would otherwise be permitted by the allowable density (in other words, if the southern lot permitted 28 dwelling units based on a maximum allowable density of 30 dwelling units per acre, then only a maximum of 22 dwelling units could be constructed on the southern lot; 28 - 6 = 22). 7. Unclear as to what is intended for Article 1, Section 3 on Page 2. Should there be a "not" between "shall" and "have" on the second line? Why would the City otherwise allow the Declarant to amend or release the restrictive covenant prior to the City approving a new Flexible Development application? Sounds to me that he would get his cake and be able to eat it too. 8. The Declaration of Restrictions does not provide any language that the Declarant will diligently work with the City to provide any necessary cross parking agreements or easements, cross-access easements, etc. to deal with shared facilities or to work with the City to resolve any setback, landscaping or any other issues that may arise. 9. The approval of FLD2005-05051 by the CDB included the following condition relating to the existing docks: "That boats moored at the existing dock, lifts and/or slips be for the exclusive use by the residents and/or guests of the condominiums and not be permitted to be sub-leased separately from the condominiums;" There has been no discussion regarding the use of the docks. It is unclear whose boats are presently moored in the slips. If the slips are being rented, then this is a marina. Need to resolve this issue. 10. There is nothing in the Declaration of Restrictions that requires the Declarant to submit a new Flexible Development application (and possibly plat) by any time frame. It would seem that in consideration of the City issuing Certificates of Occupancies allowing the Declarant the ability to sell the dwelling units in the northern building that a Flexible Development application should be filed SOON (QUICKLY). Wayne 1/30/2007 • Wells,' Wayne From: Delk, Michael Sent: Monday, January 29, 2007 11:13 AM To: 'Kent Runnells' Cc: Wells, Wayne Subject: FW: Declaration of Restrictions - DiVello, 445 Hamden Drive Mr. Runnells - FYI. Leslie is out today but I did send these comments to her. I pass along to you "FYI" in the event that we might be able to keep things moving to a resolution as soon as practical. Michael Delk, AICP Planning Director City of Clearwater, FL 727-562-4561 myclearwater.com -----Original Message----- From: Wells, Wayne Sent: Thursday, January 25, 2007 11:15 AM To:' Delk, Michael Subject: Declaration of Restrictions - DiVello, 445 Hamden Drive Michael - I have reviewed the proposed Declaration of Restrictions submitted by Kent Runnells and have the following comments. You have indicated you want to discuss prior to sending to Leslie (?). Let me know: 1. The "Whereas" section does not recognize that the CDB approved a project that was purely residential over the entire property. There needs to be at least one (possibly more) "Whereas" statements that refer to the approvals granted by the CDB and the conundrum that precipitates this Declaration of Restrictions. 2. The document "assumes" the property has been subdivided into two lots (the "Property" and the "Other Property"). The approval granted by the CDB, however, was for the recording of a Unity of Title reflecting this as one development lot, not two, and densities were based on the overall property. 3. The overall property's legal description is a number of platted lots and an unplatted portion under one parcel number (08/29/15/17640/000/0040). Based on this legal description and to desiring two lots, Code requires a request for a Release of Unity of Title of the overall property to allow the creation of two lots. It is unknown where this new "common" lot line between the two lots is proposed. IF the new "common" lot line between the two lots occurs on an existing platted property line, then only a Release of Unity of Title request will need to be approved and two new Unity of Titles will be required to be recorded based on the legal descriptions of the two proposed lots. IF the new "common" lot line between the two lots does not occur on an existing platted property line, then a request for a Release of Unity of Title and Minor Lot Adjustment will be necessary to create the two proposed lots. One of these options would need to occur prior the recording of a deed (from the Declarant to the Declarant) in the public records to effect a change in the Property Appraiser parcel numbering (a parcel number for the northern lot and a parcel number for the southern lot). An alternative to the above is to plat the property into two lots, which would require the review and approval of a preliminary and final plat. In order to record a condominium plat there has to be a legal description of the "lot" or "parcel" that is the subject of the plat. There is NO discussion in the Declaration of Restrictions that speaks to when this creation of two lots is to occur. Would this be as part of the new Flexible Development application that would be submitted? 4. The Declarant needs a "lot" in order to record a condominium plat with the Clerk of the Circuit Court. Code requires the recording of a condominium plat prior to the issuance of the first Certificate of Occupancy. There seems to be a disconnect in procedure. 5. The fifth "Whereas" on Page 1 and Article 1, Section 2 on Page 2 refers to 51 attached dwelling units. The overall property was approved for 83 attached dwelling units. The northern building was to have 31 attached dwelling units. The southern building was to have 52 (not 51) attached dwelling units. 6. Prior discussions have involved the density that would be created on the two lots. Preliminary calculations indicated the northern lot with its 31 attached dwelling units would exceed the maximum permitted- number of dwelling units otherwise permitted at 30 dwelling units per acre by potentially six dwelling units. To incentivise the retainage of the 62 overnight accommodation units on the southern lot, it was my understanding that the deed restriction would reduce the future redevelopment of the southern lot for attached dwellings by six dwelling units less than what would otherwise be permitted by the allowable density (in other words, if the southern lot permitted 28 dwelling units based on a maximum allowable density of 30 dwelling units per acre, then only a maximum of 22 dwelling units could be constructed on the southern lot; 28-6=22). 7. Unclear as to what is intended for Article 1, Section 3 on Page 2. Should there be a "not" between "shall" and "have" on the second line? Why would the City otherwise allow the Declarant to amend or release the restrictive covenant prior to the City approving a new Flexible Development application? Sounds to me that he would get his cake and be able to eat it too. 8. The Declaration of Restrictions does not provide any language that the Declarant will diligently work with the City to provide any necessary cross parking agreements oi• easements, cross-access easements, etc. to deal with shared facilities or to work with the City to resolve any setback, landscaping or any other issues that may arise. 9. The approval of FLD2005-05051 by the CDB included the following condition relating to the existing docks: "That boats moored at the existing dock, lifts and/or slips be for the exclusive use by the residents and/or guests of the condominiums and not be permitted to be sub-leased separately from the condominiums;" There has been no discussion regarding the use of the docks. It is unclear whose boats are presently moored in the slips. If the slips are being rented,,then this is a marina. Need to resolve this issue. 10. There is nothing in the Declaration of Restrictions that requires the Declarant to submit a new Flexible Development application (and possibly plat) by any time frame. It would seem that in consideration of the City issuing Certificates of Occupancies allowing the Declarant the ability to sell the dwelling units in the northern building that a Flexible Development application should be filed SOON (QUICKLY). Wayne Wells, Wayne From: Wells, Wayne Sent: Thursday, January 25, 2007 11:15 AM To: Delk, Michael Subject: Declaration of Restrictions - DiVello, 445 Hamden Drive Michael - I have reviewed the proposed Declaration of Restrictions submitted by Kent Runnells and have the following comments. You have indicated you want to discuss prior to sending to Leslie (?). Let me know: 1. The "Whereas" section does not recognize that the CDB approved a project that was purely residential over the entire property. There needs to be at least one (possibly more) "Whereas" statements that refer to the approvals granted by the CDB and the conundrum that precipitates this Declaration of Restrictions. 2. The document "assumes" the property has been subdivided into two lots (the "Property" and the "Other Property"). The approval granted by the CDB, however, was for the recording of a Unity of Title reflecting this as one development lot, not two, and densities were based on the overall property. 3. The overall property's legal description is a number of platted lots and an unplatted portion under one parcel number (08/29/15/17640/000/0040). Based on this legal description and to desiring two lots, Code requires a request for a Release of Unity of Title of the overall property to allow the creation of two lots. It is unknown where this new "common" lot line between the two lots is proposed. IF the new "common" lot line between the two lots occurs on an existing platted property line, then only a Release of Unity of Title request will need to be approved and two new Unity of Titles will be required to be recorded based on the legal descriptions of the two proposed lots. IF the new "common" lot line between the two lots does not occur on an existing platted property line, then a request for a Release of Unity of Title and Minor Lot Adjustment will be necessary to create the two proposed lots. One of these options would need to occur prior the recording of a deed (from the Declarant to the Declarant) in the public records to effect a change in the Property Appraiser parcel numbering (a parcel number for the northern lot and a parcel number for the southern lot). An alternative to the above is to plat the property into two lots, which would require the review and approval of a preliminary and final plat. In order to record a condominium plat there has to be a legal description of the "lot" or "parcel" that is the subject of the plat. There is NO discussion in the Declaration of Restrictions that speaks to when this creation of two lots is to occur. Would this be as part of the new Flexible Development application that would be submitted? 4. The Declarant needs a "lot" in order to record a condominium plat with the Clerk of the Circuit Court. Code requires the recording of a condominium plat prior to the issuance of the first Certificate of Occupancy. There seems to be a disconnect in procedure. 5. The fifth "Whereas" on Page 1 and Article 1, Section 2 on Page 2 refers to 51 attached dwelling units. The overall property was approved for 83 attached dwelling units. The northern building was to have 31 attached dwelling units. The southern building was to have 52 (not 51) attached dwelling units. 6. Prior discussions have involved the density that would be created on the two lots. Preliminary calculations indicated the northern lot with its 31 attached dwelling units would exceed the maximum permitted number of dwelling units otherwise permitted at 30 dwelling units per acre by potentially six dwelling units. To incentivise the retainage of the 62 overnight accommodation units on the southern lot, it was my understanding that the deed restriction would reduce the future redevelopment of the southern lot for attached dwellings by six dwelling units less than what would otherwise be permitted by the allowable density (in other words, if the southern lot permitted 28 dwelling units based on a maximum allowable density of 30 dwelling units per acre, then only a maximum of 22 dwelling units could be constructed on the southern lot; 28-6=22). 7. Unclear as to what is intended for Article 1, Section 3 on Page 2. Should there be a "not" between "shall" and "have" on the second line? Why would the City otherwise allow the Declarant to amend or release the restrictive covenant prior to the City approving a new Flexible Development application? Sounds to me that he would get his cake and be able to eat it too. 8. The Declaration of Restrictions does not provide any language that the Declarant will diligently work with the City to provide any necessary cross parking agreements or easements, cross-access easements, etc. to deal with shared facilities or to work with the City to resolve any setback, landscaping or any other issues that may arise. r o the existing docks: "That boats 9. The approval of FLD2005-05051 by t'ne CDB included the following condition relV t moored at the existing dock, lifts and/or slips be for the exclusive use by the residents and/or guests of the condominiums and not be permitted to be sub-leased separately from the condominiums;" There has been no discussion regarding the use of the docks. It is unclear whose boats are presently moored in the slips. If the slips are being rented, then this is a marina. Need to resolve this issue. 10. There is nothing in the Declaration of Restrictions that requires the Declarant to submit a new Flexible Development application (and possibly plat) by any time frame. It would seem that in consideration of the City issuing Certificates of Occupancies allowing the Declarant the ability to sell the dwelling units in the northern building that a Flexible Development application should be filed SOON (QUICKLY). Wayne Wells, Wayne From: Wells, Wayne Sent: Thursday, January 25, 2007 11:15 AM To: Delk, Michael Subject: Declaration of Restrictions - DiVello, 445 Hamden Drive Michael - I have reviewed the proposed Declaration of Restrictions submitted by Kent Runnells and have the following comments. You have indicated you want to discuss prior to sending to Leslie (?). Let me know: 1. The "Whereas" section does not recognize that the CDB approved a project that was purely residential over the entire property. There needs to be at least one (possibly more) "Whereas" statements that refer to the approvals granted by the CDB and the conundrum that precipitates this Declaration of Restrictions. 2. The document "assumes" the property has been subdivided into two lots (the "Property" and the "Other Property"). The approval granted by the CDB, however, was for the recording of a Unity of Title reflecting this as one development lot, not two, and densities were based on the overall property. 3. The overall property's legal description is a number of platted lots and an unplatted portion under one parcel number (08/29/15/17640/000/0040). Based on this legal description and to desiring two lots, Code requires a request for a Release of Unity of Title of the overall property to allow the creation of two lots. It is unknown where this new "common" lot line between the two lots is proposed. IF the new "common" lot line between the two lots occurs on an existing platted property line, then only a Release of Unity of Title request will need to be approved and two new Unity of Titles will be required to be recorded based on the legal descriptions of the two proposed lots. IF the new "common" lot line between the two lots does not occur on an existing platted property line, then a request for a Release of Unity of Title and Minor Lot Adjustment will be necessary to create the two proposed lots. One of these options would need to occur prior the recording of a deed (from the Declarant to the Declarant) in the public records to effect a change in the Property Appraiser parcel numbering (a parcel number for the northern lot and a parcel number for the southern lot). An alternative to the above is to plat the property into two lots, which would require the review and approval of a preliminary and final plat. In order to record a condominium plat there has to be a legal description of the "lot" or "parcel" that is the subject of the plat. There is NO discussion in the Declaration of Restrictions that speaks to when this creation of two lots is to occur. Would this be as part of the new Flexible Development application that would be submitted? 4. The Declarant needs a "lot" in order to record a condominium plat with the Clerk of the Circuit Court. Code requires the recording of a condominium plat prior to the issuance of the first Certificate of Occupancy. There seems to be a disconnect in procedure. 5. The fifth "Whereas" on Page 1 and Article 1, Section 2 on Page 2 refers to 51 attached dwelling units. The overall property was approved for 83 attached dwelling units. The northern building was to have 31 attached dwelling units. The southern building was to have 52 (not 51) attached dwelling units. 6. Prior discussions have involved the density that would be created on the two lots. Preliminary calculations indicated the northern lot with its 31 attached dwelling units would exceed the maximum permitted number of dwelling units otherwise permitted at 30 dwelling units per acre by potentially six dwelling units. To incentivise the retainage of the 62 overnight accommodation units on the southern lot, it was my understanding that the deed restriction would reduce the future redevelopment of the southern lot for attached dwellings by six dwelling units less than what would otherwise be permitted by the allowable density (in other words, if the southern lot permitted 28 dwelling units based on a maximum allowable density of 30 dwelling units per acre, then only a maximum of 22 dwelling units could be constructed on the southern lot; 28-6=22). 7. Unclear as to what is intended for Article 1, Section 3 on Page 2. Should there be a "not" between "shall" and "have" on the second line? Why would the City otherwise allow the Declarant to amend or release the restrictive covenant prior to the City approving a new Flexible Development application? Sounds to me that he would get his cake and be able to eat it too. 8. The Declaration of Restrictions does not provide any language that the Declarant will diligently work with the City to provide any necessary cross parking agreements or easements, cross-access easements, etc. to deal with shared facilities or to work with the City to resolve any setback, landscaping or any other issues that may arise. 9. The approval of FLD2005-05051 byRe CDB included the following condition relating to the existing docks: "That boats moored at the existing dock, lifts and/or slips be for the exclusive use by the residents and/or guests of the condominiums and not be permitted to be sub-leased separately from the condominiums;" There has been no discussion regarding the use of the docks. It is unclear whose boats are presently moored in the slips. If the slips are being rented, then this is a marina. Need to resolve this issue. 10. There is. nothing in the Declaration of Restrictions that requires the Declarant to submit a new Flexible Development application (and possibly plat) by any time frame. It would seem that in consideration of the City issuing Certificates of Occupancies allowing the Declarant the ability to sell the dwelling units in the northern building that a Flexible Development application should be filed SOON (QUICKLY). Wayne A Page 1 of 2 Wells, Wayne From: Delk, Michael Sent: Friday, January 19, 2007 9:40 AM To: Wells, Wayne Subject: FW: divello/hamden Wayne - Can we sit down go over a few of these things? I didn't get with you on as Leslie suggests. My fault for getting sidetracked. mld -----Original Message----- From: Dougall-Sides, Leslie Sent: Thursday, January 18, 2007 5:36 PM To: Wells, Wayne Cc: Delk, Michael Subject: RE: divello/hamden Wayne, I asked Michael to flesh out, or have staff work on, the bullet points from his email as to what points should be covered, and was then going to forward them to Kent. I have not heard back on this. The points were: What is needed now is some agreement or assurance with them that they will in fact restrict condo density on the southerly portion, agree to work with us on cross parking, access, etc., to deal with shared facilities, and to go back to the CDB to accommodate structures which may no longer meet district setback requirement for divide parcels. -----Original Message----- From: Wells, Wayne Sent: Thursday, January 18, 2007 5:32 PM To: 'Kent Runnells' Cc: Delk, Michael; Dougall-Sides, Leslie; Housh Ghovaee (E-mail) Subject: RE: divello/hamden I know that Mr. Delk has had conversations with Leslie Dougall-Sides. Obviously, whatever comes out of their conversations would seem like what is, or is not, possible. -----Original Message----- From: Kent Runnells [mailto: kbrlaw@tam pa bay. rr.com] Sent: Wednesday, January 17, 2007 1:22 PM To: Wells, Wayne Subject: divello/hamden wayne. thanks for the fair treatment yesterday, it was appreciated. one question, however: it is still possible for fulvio to get c.o.'d as condos if we can make leslie, staff, etc. comfortable on the restrictive covenant restricting the future development of the southern building, correct? thanks, kent 1/22/2007 Page 2 of 2 0 Kent Runnells Kent Runnells, P.A. 101 Main Street, Suite A Safety Harbor, FL 34695 Voice: 727-726-2728 Fax: 727-724-0879 This message and any attachments are solely for the intended recipient and may contain information that is confidential or legally privileged under applicable law. If you are not the intended recipient, any disclosure, copying, use or distribution of the information included in the message and any attachments is prohibited. If you have received this communication in error, please notify us by reply e-mail and immediately and permanently delete this message and any attachments. Thank you. 1/22/2007 • January 18, 2007 Les ' Dougall-Sides Office the City Attorney City of Cl rwater P. O. Box 47)k8 Clearwater, FL133758-4748 KENT RUNNELLS, P.A. ATTORNEY AT LAW 101 MAIN STREET, SUITE A SAFETY HARBOR, FL 34695 VOICE (727) 726-2728 • FAX (727) 724-0879 RE: 445 Hamden, Clearwater Beach Dear Leslie: RECEIVED JAN 2 2 2007 PLANNING DEPARTMENT CITY OF CLEARWATER Enclosed herewith please find the Declaration of Restrictions proposed for the property owned by Fulvio DiVello. I have not yet had an opportunity to provide the legal descriptions for the respective properties, but they are referenced by exhibit in the document. At your very earliest convenience, please provide your comments on this document. I would also request some clarification from you or Michael regarding the logistics of the issuance of the C.O. It was my understanding from our previous conversations that once this Declaration is signed and recorded, the C.O. could be issued. Again, please let me express my gratitude for the tremendous help Fulvio and I have received on this matter. Of course, time is truly of the essence as you are aware, so your prompt response will be greatly appreciated. Respectfully yo s, KENT B. RUNNELLS KBR/mm cc: Fulvio DiVello Michael Delk Ken Arsenault enclosure 0 0 DECLARATION OF RESTRICTIONS THIS DECLARATION OF RESTRICTIONS is made this day of , 2007, by Fulvio DiVello, as Trustee of the DiVello Land Trust dated August 10, 2004, hereinafter referred to as "Declarant." WITNESSETH WHEREAS, Declarant is the sole owner of certain lands in Pinellas County, Florida, more particularly described on Exhibit "A" attached hereto, and incorporated herein by reference, and called the "Property" in this Declaration; and The Property is currently used as an overnight accommodation use ("Hotel Use"), but is subject to a change in use to attached residential housing ("Residential Use") pursuant to the City of Clearwater, Florida Community Development Board ("CDB") Application No. FLD2005- 05051 ("Application"), and WHEREAS, Declarant desires to amend the Application to allow the Property to continue being used as a Hotel Use; and WHEREAS, Declarant has not yet had the opportunity to bring before CDB its amended Application requesting that the Hotel Use be allowed to continue; and WHEREAS, until such time as the Application has been amended as aforesaid, the City of Clearwater ("Clearwater") is not able to issue for other property contiguous with this Property (which property is described in Exhibit "B" attached hereto and referred to herein as the "Other Property") a Certificate of Occupancy (the "C.O."); and WHEREAS, in order to allow for the City to issue the C.O. for the Other Property, Declarant is willing to renounce prospectively certain rights with respect to the use of the Property, which rights include the right to construct on the Property fifty-one (51) attached residential condominium units; NOW, THEREFORE, Declarant declares that all of the Property described above shall be held, sold and conveyed subject to the following conditions and restrictions, all of which are for the purpose of protecting the value and desirability of the Property and the Other Property, and all of which will run with the Property and be binding upon all persons having any right, title or interest therein, or of any part therein, and their respective heirs, successors and assigns, and which will inure to the benefit of Declarant, his successors and assigns forever. CADocuments and Settings\Sharon\Desktop\Declar of Restrictions DiVello.doc Page 1 0 0 ARTICLE I RESTRICTIONS ON USE OF THE PROPERTY Section 1. In the event the City grants the Declarant's request to amend the Application to allow for Hotel Use, then and in said event the Property shall henceforth, in perpetuity, be limited to such uses and densities as are allowed, from time to time, under all applicable zoning and land use laws, ordinances, rules and regulations promulgated by any Federal, State, County, Municipal or quasi-governmental agency having jurisdiction and control over such matters with respect to the Property. Section 2. Declarant acknowledges that the restrictions on use hereby imposed will reduce considerably from fifty-one, to a number which may not be ascertainable at this time, the number of attached residential condominium units which are allowed to be built, constructed or improved on the Property. Section 3. Until such time as the City has granted Declarant the right to use the Property in a Hotel Use having no less than sixty-two rentable hotel rooms, Declarant shall have the right to amend or release this restrictive covenant. ARTICLE II GENERAL PROVISIONS Section 1. Enforcement. The City of Clearwater shall have the right to enforce, by any appropriate proceeding, all conditions and restrictions now or hereafter imposed by, or pursuant to, the provisions of this Declaration. The prevailing party in any litigation involving this Declaration, has the right to recover all costs and expenses incurred, including reasonable attorneys' fees for all trial and appellate proceedings, if any. Section 2. Severability. Invalidation of any particular provision of this Declaration by judgment or court order will not affect any other provision, all of which will remain in full force and effect; provided, however, any court of competent jurisdiction is hereby empowered, to the extent practicable, to reform any otherwise invalid provision of this Declaration when necessary to avoid a finding of invalidity while otherwise effectuating Declarant's intent. CADocuments and Settings\Sharon\Desktop\Declar of Restrictions DiVello.doc Page 2 IN WITNESS WHEREOF, Declarant has executed this Declaration the date stated above. DECLARANT: Fulvio DiVello, as Trustee of the DiVello Land Trust dated August 10, 2004 Witness (Print Name Witness (Print Name STATE OF FLORIDA ) COUNTY OF PINELLAS } The foregoing instrument was acknowledged before me this day of , 2007, by Fulvio DiVello, who is personally known to me or who produced as identification. NOTARY PUBLIC - STATE OF FLORIDA My Commission Expires: CADocuments and Settings\Sharon\Desktop\Declar of Restrictions DiVello.doc Page 3 • EXHIBIT "A" LEGAL DESCRIPTION OF HOTEL PARCEL • CADocuments and Settings\Sharon\Desktop\Declar of Restrictions DiVello.doc Page 4 • EXHIBIT "B" LEGAL DESCRIPTION OF CONDOMINIUM PARCEL r ? L_J CADocuments and Settings\Sharon\Desktop\Declar of Restrictions DiVello.doc Page 5 Pinellas County Property Appraiser Information: 08 29 15 17640 000 0040 Page 2 of 6 • 08 / 29 / 15 / 17040 / 000 / 0040 24-Jan-2007 Jim Smith, CFA Pinellas County Property Appraiser 17:23:23 Ownership Information Non-Residential Property Address, Use, and Sales DI UELLO LAND TRUST OBK: 13769 OPG: 2036 DI UELLO, FULUIO THE 400 ISLAND WAY # 703 CLEARWATER FL 33767-2134 EVAC: A EUAC Comparable sales value as Prop Addr: 445 HAMDEN DR of Jan 1, 2006, based on Census Tract: 260.02 4 2005 - : sales from 200 0 Sale Date OR Book/Page Price (Qual/UnQ) Vac/Imp Plat Information 2 /2,001 11,227/2,563 7,950,000 (Q) I 1952: Book 031 Pgs 016- 10/1,986 6,350/ 984 560,000 (U) U 0000: Book Pgs - 11/1,983 5,636/2,187 422,500 (U) U 0000: Book Pgs - 0 /0 0/ 0 0 { ) 2006 Value EXEMPTIONS Just/Market: 9,957,900 Homestead: NO Ownership ,% .000 Govt Exem: NO Use %: .000 Assessed/Cap: 9,957,900 Institutional Exem: NO Tax Exempt %: .000 Historic Exem: 0 Taxable: 9,957,900 Agricultural: 0 2006 Tax Information District: Cu Seawall: Frontage: Bay Clearwater View: 06 Millage: 21.7640 Land Size Unit Land Land Land Front x Depth Price Units Meth 06 Taxes: 216,723.74 1) 240 x 120 150.00 78A01.00 S Special Tax .00 2) 0 x 0 .00 .00 3) 0 x 0 .00 .00 Without the Save-Our-Homes 4) 0 x 0 ..00 .00 cap, 2006 taxes will be : 5) 0 x 0 .00 .00 216, 723. 74 6) 0 x 0 . 00 . 00 Without any exemptions, 2006 taxes will be 216, 723.74 Short Legal COLUMBIA SUB NO. 5 LOTS 4 TH RU 11 INCL AND Description RIP RTS AND LAND ADJ SE'LY DESC BEG SE CDR LOT 11 TH Building Information http://136.174.187.13/htbin/cgi-scr3?o=1 &a=1 &b=1 &c=1 &r=.16&s=4&t3=1 &u=0&p=08... 1/24/2007 Pinellas County Property Apprer Information: 08 29 15 17640 000 00 040 Page 3 of 6 Property_ and Land Use Code descriptions . Building 1 . Bu ldina 2 Building #1 08 / 29 / 15 / 17 040 / 000 / 0040 :01 24-Jan-2007 Jim Smith, CFA Pinellas County Property Appraiser 17:23:23 Commercial Card 01 of 2 Improvement Type: Motel/Hotel > 3 St Property Address: 445 HAMDEN DR Prop Use: 312 Land Use: 39 Structural. E1qBmE3 nts Foundation Special Footing Floor System Structural Slab Exterior Wall Conc Block/Stucco Height Factor 0 Party Wall None Structural Frame Concrete Reinforced Roof Frame Gable & Hip Roof Cover Custom Cabinet & Mill Average Floor Finish Carpet Interior Finish Drywall Total Units 44 Heating & Air Heating&Cooling Pckg Fixtures 209 Bath Tile Floor + Half Wall Electric Average Shape Factor Rectangle Quality Average Year Built 11988 Effective Age 10 Other Depreciation 0 Function Depreciation 70 Economic Depreciation 0 Sub AroB as Description Factor Area Description Factor Area 1) Base Area 1.00 41,481 7) .00 0 2) Open Porch .30 8,734 8) .00 0 3) Utility .55 538 9) .00 0 4) Carport .30 12,891 10) .00 0 5) .00 0 11) .00 0 6) .00 0 12) .00 0 C omm(--r v i a l E x t r a F at ur s Description Dimensions Price 1) DOCK 4248SF 30.00 2) SPA/JAC/HT 15,000.00 3) COHC PAVE i2800SF 4.00 4) ELEU PASS 6STOPS 30,000.00 5) ELEU STOP 6STOPS 3,500.00 6) .00 Units Value RCD Year 4,248 127,440 82,840 1,992 i 15,000 9,750 1,992 121800 51,200 51,200 999 2 60,000 39,000 1,992 12 42,000 27,300 1,992 0 0 0 0 TOTAL RECORD VALUE: 210,090 Building #2 http://136.174.187.13/htbin/cgi-scr3?o=1 &a=1 &b=1 &c=1 &r=.16&s=4&t3=1 &u=0&p=08... 1/24/2007 Pinellas County Property App 1 er Information: 08 29 15 17640 000 004 Page 4 of 6 08 / 29 / 15 / 17040 / 000 / 0040 :02 24-Jan-2007 Jim Smith, CFA Pinellas County Property Appraiser 17:23:24 Commercial Card 02 of 2 Improvement Type: Motel/Hotel > 3 St Property Address: 504 S GULFUIEW BLVD Prop Use: 312 Land Use: 39 Structural E1EE:m4B nts Foundation Special Footing Floor System Slab on Grade Exterior Wall Conc Block/Stucco Height Factor 0 Party Wall None Structural Frame Concrete Reinforced Roof Frame Reinforced Concrete Roof Cover B.uilt Up/Composition Cabinet & Mill Average Floor Finish Carpet Combination Interior Finish Drywall Total Units 62 Heating & Air Heating&Cooling Pckg Fixtures 201 Bath Tile Floor and Wall Electric Average Shape Factor Rectangle Quality Average Year Built 1,974 Effective Age 20 Other Depreciation 5 Function Depreciation 0 Economic Depreciation 0 Sub Aromas Description Factor Area Description Factor Area 1) Base Area 1.00 20,700 7) . 00 0 2) Utility .55 700 8) .00 0 3) Open Porch .30 7,300 9) .00 0 4) Utility .40 2,295 10) .00 0 5) Canopy .25 405 11) .00 0 6) .00 0 12) .00 0 Commercial Extra FoBatursEm- Description Dimensions Price 1) ASPHALT 12200SF 1.75 2) FENCE 40OLF 5.00 3) ASPHALT 1000SF 1.75 4) DOCK 1284SF 30.00 5) CONC PAVE 730SF 4.00 6) ELEU PASS 5-STOP 30,000.00 Units Value RCD Year 12,200 21,350 21,350 999 400 21000 880 1,974 11000 1,750 11750 999 1,284 38,520 16,950 1,974 730 2,920 21920 999 2 60,000 26,400 1,974 TOTAL RECORD VALUE: 70,250 Map With Property Address (non-vacant) Fil [_+1 R http://136.174.187.13/htbin/cgi-scr3?o=1 &a=l &b=1 &c=1 &r=.16&s=4&t3=1 &u=0&p=08... 1/24/2007 Pinellas County Property Appser Information: 08 29 15 17640 000 OQ40 Page 5 of 6 U L r V i G %Nu 5.? BLVD 77' ?t#?viD j j ClR IIEW -F'VIEW 3LUD -, L- 6@jW I 455 GULF'VIEW BLVD L All 1/8 Mile Aerial Photograph (2002) http://136.174.187.13/htbin/egi-scr3?o=1 &a=1 &b=1 &c=1 &r=.16&s=4&t3=1 &u=0&p=08... 1/24/2007 Pinellas County Property App ser Information: 08 29 15 17640 000 0 40 Back to Search. Page . An explanation of this screen Page 6 of 6 http://136.174.187.13/htbin/cgi-scr3?o=1 &a=1 &b=1 &c=1 &r=.16&s=4&t3=1 &u=0&p=08... 1/24/2007 0 0 Page 1 of 1 Wells, Wayne From: Wells, Wayne Sent: Thursday, January 18, 2007 5:32 PM To: .'Kent Runnells' Cc: Delk, Michael; Dougall-Sides, Leslie; Housh Ghovaee (E-mail) Subject: RE: divello/hamden I know that Mr. Delk has had conversations with Leslie Dougall-Sides. Obviously, whatever comes out of their conversations would seem like what is, or is not, possible. -----Original Message----- From: Kent Runnells [mailto:kbrlaw@tampabay.rr.com] Sent: Wednesday, January 17, 2007 1:22 PM To: Wells, Wayne Subject: divello/hamden wayne. thanks for the fair treatment yesterday, it was appreciated. one question, however: it is still possible for fulvio to get c.o.'d as condos if we can make leslie, staff, etc. comfortable on the restrictive covenant restricting the future development of the southern building, correct? thanks, kent Kent Runnells Kent Runnells, P.A. 101 Main Street, Suite A Safety Harbor, FL 34695 Voice: 727-726-2728 Fax: 727-724-0879 This message and any attachments are solely for the intended recipient and may contain information that is confidential or legally privileged under applicable law. If you are not the intended recipient, any disclosure, copying, use or distribution of the information included in the message and any attachments is prohibited. If you have received this communication in error, please notify us by reply e-mail and immediately and permanently delete this message and any attachments. Thank you. 1/18/2007 LONG RA-.\'G[-'. PIA\\ING DEVELOP:MEVT REviEw 0 0 C IT Y OF C LEARWATE R PLANNING DEPARTMENT Posy OFFU:J:: Box 4748, CLEARWATER, FLORIDA 33758-4748 MtINICIPAL SFRVICEs Bijiff>ING, 100 SOUTH MvRTu- AVENUE, CLEARWATER, FI.ORIDA 33756 TI'.u PHONE (727) 562-4567 FAx (727) 562-4865 January 17, 2007 Mr. Kent Runnells, P.A. 101 Main Street, Suite A Safety Harbor, FL 34695 RE: FLD2005-05051 - 445 Hamden Drive and 504 South Gulfview Boulevard Time Extension Development Order Dear Mr. Runnells: On January 16, 2007, the Community Development Board (CDB) APPROVED your request to extend the time frame for the Development Order for the above referenced case. Pursuant to Section 4-407, an application for a building permit to construct the site improvements on your parcel at 445 Hamden Drive and 504 South Gulfview Boulevard shall be submitted by February 16, 2008. All required certificates of occupancy shall be obtained within two years of the date of issuance of the building permit. Time frames do not change with successive owners. Should you be unable to apply for a building permit to construct the improvements approved under the above referenced case, you will need to re-apply for development approval in accordance with the requirements of the Community Development Code. Please be aware that the issuance of this Development Order does not relieve you of the necessity to obtain any building permits or pay any impact fees that may be required. In order to facilitate the issuance of any permit or license affected by this approval, please bring a copy of this letter with you when applying for any permits or licenses that require this prior development approval. If you have any questions, please do not hesitate to call Wayne M. Wells, AICP, Planner III at 727-562-4504. Sincere , Michael Delk, AI P Planning Director S: IPlanning Departmentl C D BIFLEX (FLD) lInactive or Finished Applications Wamden 445 Dockside II (7) 2005 - ApprovedlHamden 445 CDB Time Extension Development Order].] 7.07.doc PRA.\F I IJIMARD, NIAVOJt Jc,icn Dorn,, 1 Ic>vr f L >uJ:rc x, Co nc:n.wc.\ntriI 13111JO\SON, C()IaAlt.?IENIRb:R C,Vt1.P., A. 1'FrP.Itsf'\. Cc I \CJJ..IFN1HP:k "I"01 JAI. ENIPLOYMEN F A:\I) Ai;i:iI LAl1Vi{ AcTrc>x I:?IrLO?i:R 0 • Page 1 of 4 Wells, Wayne From: Delk, Michael Sent: Friday, January 12, 2007 11:13 AM To: Wells, Wayne Subject: FW: C.O. on 445 Hamden Dr., Dockside Condos Importance: High For file. mld -----Original Message----- From: Dougall-Sides, Leslie Sent: Thursday, January 11, 2007 11:23 AM To: Delk, Michael Subject: FW: C.O. on 445 Hamden Dr., Dockside Condos Importance: High FYI. Please call if you have any questions. -----Original Message----- From: Dougall-Sides, Leslie Sent: Thursday, January 11, 2007 11:21 AM To: Akin, Pam Subject: RE: C.O. on 445 Hamden Dr., Dockside Condos Importance: High I met with Michael, Gina, and Wayne on December 5. Michael, Garry, and I then met with the developers on December 21. Michael's analysis is correct that a C.O. may not be issued at this time for the overall project, or for the condo use, because the application and CDB approval were for a particular unified site plan which the developer now wants to change. The change involves a condo plat and a conveyance of a portion of the entire approved development; i.e., the two parcels would no longer be tied together. A density reduction is involved because the new application would be under the current Code, whereas the previous application was prior to the amendments on termination of non conformities. The appropriate mechanism to implement these changes is to go back before the CDB. The only pending C.O. relates only to a building permit for repairing storm damage to several floors of the existing overnight accommodation use; that permit was applied for prior to the existing CDB approval. They can't get a C.O. for condo use now, because of not having met the prior CDB conditions, as well as having to go back to CDB to implement the changed plan. Re Michael's statement: What is needed now is some agreement or assurance with them that they will in fact restrict condo density on the southerly portion, agree to work with us on cross parking, access, etc., to deal with shared facilities, and to go back to the CDB to accommodate structures which may no longer meet district setback requirement for divide parcels. We did not get so far at the December 21 meeting as to discuss a written agreement as a legal mechanism for memorializing the developer's commitments. If the developer submits a draft of such an agreement the City would consider it. Such a document would need to be.recorded as a restrictive covenant, and it is unclear what effect that would have on the project financing. My impression at this point is that the City will consider a draft written agreement submitted by the developer. The practice with other developers has been for them to submit a draft for the City's consideration. 1/15/2007 0 • Page 2 of 4 -----Original Message----- From: Akin, Pam Sent: Thursday, January 11, 2007 10:14 AM To: Dougall-Sides, Leslie Subject: FW: C.O. on 445 Hamden Dr., Dockside Condos Could you update me on this please? Pamela Akin, City Attorney 112 5. Osceola Ave Clearwater, Florida 33758 727 562-4010 -----Original Message----- From: Delk, Michael Sent: Thursday, January 11, 2007 9:39 AM To: Akin, Pam Subject: FW: C.O. on 445 Hamden Dr., Dockside Condos Pam - A little additional background. michael -----Original Message----- From: Wells, Wayne Sent: Wednesday, January 03, 2007 7:32 PM To: 'Kent Runnells'; Garriott, Kevin Cc: housh@northsideengineering.com; Delk, Michael; Clayton, Gina; Thompson, Neil Subject: RE: C.O. on 445 Hamden Dr., Dockside Condos Kent - I have talked with Gina Clayton regarding your concerns. Our recollection was that we needed to discuss the issues with Leslie Dougall-Sides, Assistant City Attorney, to determine the options, including the issuance of the Certificates of Occupancy. The options outlined in the previous email came out of our discussions with Ms. Dougall-Sides and Michael Delk, Planning Director. Wayne -----Original Message----- From: Kent Runnells [mailto:kbrlaw@tampabay.rr.com] Sent: Tuesday, January 02, 2007 2:04 PM To: Wells, Wayne; Garriott, Kevin Cc: housh@northsideengineering.com Subject: RE: C.O. on 445 Hamden Dr., Dockside Condos Wayne: thank you for your timely response; however, i am confused by your comment regarding your previous a mail, which i already possessed. I understand the issues set forth in the previous e mail regarding the options for using the property, but i did not understand those issues to be intertwined with the issuance of the c.o. My understanding regarding the c.o., gleaned not only 1/15/2007 • Page 3 of 4 from your a mail but, more importantly, from the meeting we had with you and Gina a month or so ago, was that the letter explaining the change of use was the only requirement for the issuance of the c.o. No matter what the ultimate use is for the southern building, the northern building is going to be a condo project. Please let me know if i missed something at our meetings or if something has changed. thanks, kent Kent Runnells Kent Runnells, P.A. 101 Main Street, Suite A Safety Harbor, FL 34695 Voice: 727-726-2728 Fax: 727-724-0879 This message and any attachments are solely for the intended recipient and may contain information that is confidential or legally privileged under applicable law. If you are not the intended recipient, any disclosure, copying, use or distribution of the information included in the message and any attachments is prohibited. If you have received this communication in error, please notify us by reply e-mail and immediately and permanently delete this message and any attachments. Thank you. From: Wayne.Wells@myClearwater.com [mailto:Wayne.Wells@myClearwater.com] Sent: Tuesday, January 02, 2007 1:21 PM To: kbrlaw@tampabay.rr.com; Kevin.Garriott@myClearwater.com Cc: housh@northsideengineering.com Subject: C.O. on 445 Hamden Dr., Dockside Condos Kent - We are in receipt of the letter. Attached is an email sent out previously outlining the options for this property. The request for a time extension for this project by the CDB is scheduled for their January 16, 2007, agenda, starting at 1:00 pm. Wayne -----Original Message----- From: Kent Runnells [mailto:kbrlaw@tampabay.rr.com] Sent: Tuesday, January 02, 2007 11:35 AM To: Wells, Wayne; Garriott, Kevin Cc: housh@northsideengineering.com Subject: C.O. on 445 Hamdem Dr., Dockside Condos wayne and kevin: fulvio told me he delivered to both of you the letter explaining the change of use and requesting the c.o. If you need anything else from us in order to issue the c.o., pleae advise asap, as fulvio is under some pressure to get this done. thanks, kent Kent Runnells Kent Runnells, P.A. 101 Main Street, Suite A Safety Harbor, FL 34695 Voice: 727-726-2728 Fax: 727-724-0879 1/15/2007 Page 4 of 4 This message and any attachments are solely for the intended recipient and may contain information that is confidential or legally privileged under applicable law. If you are not the intended recipient, any disclosure, copying, use or distribution of the information included in the message and any attachments is prohibited. If you have received this communication in error, please notify us by reply e-mail and immediately and permanently delete this message and any attachments. Thank you. 1/15/2007 • • Wells, Wayne From: Wells, Wayne Sent: Thursday, January 11, 2007 4:56 PM To: 'kbrlaw@tampabay.rr.com' Cc: Housh Ghovaee (E-mail) Subject: FLD2005-05051 - 445 Hamden Drive and 504 South Gulfview Boulevard Kent - Attached is the Memorandum regarding the Time Extension request being sent to the Community Development Board to be heard at 1:00 pm on Tuesday, January 16, 2007. The meeting will be held in Council Chambers in City Hall, 112 S. Osceola Avenue. Wayne Hamden 445 Time Extension Memo... . % • Page 1 of 4 Wells, Wayne From: Delk, Michael Sent: Thursday, January 11, 2007 4:45 PM To: Wells, Wayne Subject: FW: C.O. on 445 Hamden Dr., Dockside Condos Importance: High Wayne - I need to discuss this with you. mld -----Original Message----- From: Dougall-Sides, Leslie Sent: Thursday, January 11, 2007 11:23 AM To: Delk, Michael Subject: FW: C.O. on 445 Hamden Dr., Dockside Condos Importance: High FYI. Please call if you have any questions. -----Original Message----- From: Dougall-Sides, Leslie Sent: Thursday, January 11, 2007 11:21 AM To: Akin, Pam Subject: RE: C.O. on 445 Hamden Dr., Dockside Condos Importance: High I met with Michael, Gina, and Wayne on December 5. Michael, Garry, and I then met with the developers on December 21. Michael's analysis is correct that a C.O. may not be issued at this time for the overall project, or for the condo use, because the application and CDB approval were for a particular unified site plan which the developer now wants to change. The change involves a condo plat and a conveyance of a portion of the entire approved development; i.e., the two parcels would no longer be tied together. A density reduction is involved because the new application would be under the current Code, whereas the previous application was prior to the amendments on termination of non conformities. The appropriate mechanism to implement these changes is to go back before the CDB. The only pending C.O. relates only to a building permit for repairing storm damage to several floors of the existing overnight accommodation use; that permit was applied for prior to the existing CDB approval. They can't get a C.O. for condo use now, because of not having met the prior CDB conditions, as well as having to go back to CDB to implement the changed plan. Re Michael's statement: What is needed now is some agreement or assurance with them that they will in fact restrict condo density on the southerly portion, agree to work with us on cross parking, access, etc., to deal with shared facilities, and to go back to the CDB to accommodate structures which may no longer meet district setback requirement for divide parcels. We did not get so far at the December 21 meeting as to discuss a written agreement as a legal mechanism for memorializing the developer's commitments. If the developer submits a draft of such an agreement the City would consider it. Such a document would need to be recorded as a restrictive covenant, and it is unclear what effect that would have on the project financing. My impression at this point is that the City will consider a draft written agreement submitted by the developer. The practice with other developers has been for them to submit a draft for the City's consideration. 2/15/2007 0 • Page 2 of 4 -----Original Message----- From: Akin, Pam Sent: Thursday, January 11, 2007 10:14 AM To: Dougall-Sides, Leslie Subject: FW: C.O. on 445 Hamden Dr., Dockside Condos Could you update me on this please? Pamela Akin, City Attorney 112 S. Osceola Ave Clearwater, Florida 33758 727 562-4010 -----Original Message----- From: Delk, Michael Sent: Thursday, January 11, 2007 9:39 AM To: Akin, Pam Subject: FW: C.O. on 445 Hamden Dr., Dockside Condos Pam - A little additional background. michael -----Original Message----- From: Wells, Wayne Sent: Wednesday, January 03, 2007 7:32 PM To: 'Kent Runnells'; Garriott, Kevin Cc: housh@northsideengineering.com; Delk, Michael; Clayton, Gina; Thompson, Neil Subject: RE: C.O. on 445 Hamden Dr., Dockside Condos Kent - I have talked with Gina Clayton regarding your concerns. Our recollection was that we needed to discuss the issues with Leslie Dougall-Sides, Assistant City Attorney, to determine the options, including the issuance of the Certificates of Occupancy. The options outlined in the previous email came out of our discussions with Ms. Dougall-Sides and Michael Delk, Planning Director. Wayne -----Original Message----- From: Kent Runnells [mailto:kbrlaw@tampabay.rr.com] Sent: Tuesday, January 02, 2007 2:04 PM To: Wells, Wayne; Garriott, Kevin Cc: housh@northsideengineering.com Subject: RE: C.O. on 445 Hamden Dr., Dockside Condos Wayne: thank you for your timely response; however, i am confused by your comment regarding your previous a mail, which i already possessed. I understand the issues set forth in the previous e mail regarding the options for using the property, but i did not understand those issues to be intertwined with the issuance of the c.o. My understanding regarding the c.o., gleaned not only 2/15/2007 0 • Page 3 of 4 from your a mail but, more importantly, from the meeting we had with you and Gina a month or so ago, was that the letter explaining the change of use was the only requirement for the issuance of the c.o. No matter what the ultimate use is for the southern building, the northern building is going to be a condo project. Please let me know if i missed something at our meetings or if something has changed. thanks, kent Kent Runnells Kent Runnells, P.A. 101 Main Street, Suite A Safety Harbor, FL 34695 Voice: 727-726-2728 Fax: 727-724-0879 This message and any attachments are solely for the intended recipient and may contain information that is confidential or legally privileged under applicable law. If you are not the intended recipient, any disclosure, copying, use or distribution of the information included in the message and any attachments is prohibited. If you have received this communication in error, please notify us by reply e-mail and immediately and permanently delete this message and any attachments. Thank you. From: Wayne.Wells@myClearwater.com [mailto:Wayne.Wells@myClearwater.com] Sent: Tuesday, January 02, 2007 1:21 PM To: kbrlaw@tampabay.rr.com; Kevin.Garriott@myClearwater.com Cc: housh@northsideengineering.com Subject: C.O. on 445 Hamden Dr., Dockside Condos Kent - We are in receipt of the letter. Attached is an email sent out previously outlining the options for this property. The request for a time extension for this project by the CDB is scheduled for their January 16, 2007, agenda, starting at 1:00 pm. Wayne -----Original Message----- From: Kent Runnells [mailto:kbrlaw@tampabay.rr.com] Sent: Tuesday, January 02, 2007 11:35 AM To: Wells, Wayne; Garriott, Kevin Cc: housh@northsideengineering.com Subject: C.O. on 445 Hamdem Dr., Dockside Condos wayne and kevin: fulvio told me he delivered to both of you the letter explaining the change of use and requesting the c.o. If you need anything else from us in order to issue the c.o., pleae advise asap, as fulvio is under some pressure to get this done. thanks, kent Kent Runnells Kent Runnells, P.A. 101 Main Street, Suite A Safety Harbor, FL 34695 Voice: 727-726-2728 Fax: 727-724-0879 2/15/2007 4 0 0 Page 4 of 4 This message and any attachments are solely for the intended recipient and may contain information that is confidential or legally privileged under applicable law. If you are not the intended recipient, any disclosure, copying, use or distribution of the information included in the message and any attachments is prohibited. If you have received this communication in error, please notify us by reply e-mail and immediately and permanently delete this message and any attachments. Thank you. 2/15/2007 • • Page 1 of 2 sJ Wells, Wayne From: Delk, Michael Sent: Thursday, January 04, 2007 9:06 AM To: Dougall-Sides, Leslie Cc: - Wells, Wayne Subject: FW: C.O. on 445 Hamden Dr., Dockside Condos Leslie - They are still wanting a CO. I'd like to assist them IF they will limit density. Is your recollection same as mine that such an agreement of sorts was a caveat to getting a CO as condo rather than overnight accommodation given their development agreement? I don't want to take a position adverse to what we took during the meeting we held a couple of weeks ago. michael -----Original Message----- From: Wells, Wayne Sent: Wednesday, January 03, 2007 7:32 PM To: 'Kent Runnells'; Garriott, Kevin Cc: housh@northsideengineering.com; Delk, Michael; Clayton, Gina; Thompson, Neil Subject: RE: C.O. on 445 Hamden Dr., Dockside Condos Kent - I have talked with Gina Clayton regarding your concerns. Our recollection was that we needed to discuss the issues with Leslie Dougall-Sides, Assistant City Attorney, to determine the options, including the issuance of the Certificates of Occupancy. The options outlined in the previous email came out of our discussions with Ms. Dougall-Sides and Michael Delk, Planning Director. Wayne -----Original Message----- From: Kent Runnells [mailto:kbrlaw@tampabay.rr.com] Sent: Tuesday, January 02, 2007 2:04 PM To: Wells, Wayne; Garriott, Kevin Cc: housh@northsideengineering.com Subject: RE: C.O. on 445 Hamden Dr., Dockside Condos Wayne: thank you for your timely response; however, i am confused by your comment regarding your previous a mail, which i already possessed. I understand the issues set forth in the previous a mail regarding the options for using the property, but i did not understand those issues to be intertwined with the issuance of the c.o. My understanding regarding the c.o., gleaned not only from your a mail but, more importantly, from the meeting we had with you and Gina a month or so ago, was that the letter explaining the change of use was the only requirement for the issuance of the c.o. No matter what the ultimate use is for the southern building, the northern building is going to be a condo project. Please let me know if i missed something at our meetings or if something has changed. thanks, kent Kent Runnells Kent Runnells, P.A. 101 Main Street,, Suite A Safety Harbor, FL 34695 Voice: 727-726-2728 1/4/2007 9 Page 2 of 2 Fax: 727-724-0879 This message and any attachments are solely for the intended recipient and may contain information that is confidential or-legally privileged under applicable law. If you are not the intended recipient, any disclosure, copying, use or distribution of the information included in the message and any attachments is prohibited. If you have received this communication in error, please notify us by reply e-mail and immediately and permanently delete this message and any attachments. Thank you. From: Wayne.Wells@myClearwater.com [mailto:Wayne.Wells@myClearwater.com] Sent: Tuesday, January 02, 2007 1:21 PM To: kbrlaw@tampabay.rr.com; Kevin.Garriott@myClearwater.com Cc: housh@northsideengineering.com Subject: C.O. on 445 Hamden Dr., Dockside Condos Kent - We are in receipt of the letter. Attached is an email sent out previously outlining the options for this property. The request for a time extension for this project by the CDB is scheduled for their January 16, 2007, agenda, starting at 1:00 pm. Wayne -----Original Message----- From: Kent Runnells [mailto:kbrlaw@tampabay.rr.com] Sent: Tuesday, January 02, 2007 11:35 AM To: Wells, Wayne; Garriott, Kevin Cc: housh@northsideengineering.com Subject: C.O. on 445 Hamdem Dr., Dockside Condos wayne and kevin: fulvio told me he delivered to both of you the letter explaining the change of use and requesting the c.o. If you need anything else from us in order to issue the c.o., pleae advise asap, as fulvio is under some pressure to get this done. thanks, kent Kent Runnells Kent Runnells, P.A. 101 Main Street, Suite A Safety Harbor, FL 34695 Voice: 727-726-2728 Fax: 727-724-0879 This message and any attachments are solely for the intended recipient and may contain information that is confidential or legally privileged under applicable law. If you are not the intended recipient, any disclosure, copying, use or distribution of the information included in the message and any attachments is prohibited. If you have received this communication in error, please notify us by reply e-mail and immediately and permanently delete this message and any attachments. Thank you. 1/4/2007 ?,, -? • ? Page 1 of 3 Wells, Wayne From: Kent Runnells [kbrlaw@tampabay.rr.com] Sent: Thursday, January 04, 2007 10:25 AM To: Wells, Wayne; Garriott, Kevin Cc: housh@northsideengineering.com; Delk, Michael; Clayton, Gina; Thompson, Neil Subject: RE: C.O. on 445 Hamden Dr., Dockside Condos wayne: unfortunately, our recollections are inconsistent. of course, yours controls. please advise of anything i can do to accelerate this process. the building is complete, inspections have been passed, and fulvio is in urgent need of the c.o., and, again, no matter what ultimately happens to the south building, the north building is going to be condos. i guess i would pose the question this way: if there had been no discussion of reverting back to an overnight accomodation use in the southern building, and it was scheduled for demo at this time, would there be any hold up on getting the c.o. for the northern building? i would guess the answer would be no, which would suggest that the c.o. should issue at this time. it does not seem fair to hold up the northern building project pending the outcome of the southern building project; simply holding up the southern project until it is clearly defined should be adequate protection for the city. thanks, kent Kent Runnells Kent Runnells, P.A. 101 Main Street, Suite A Safety Harbor, FL 34695 Voice: 727-726-2728 Fax: 727-724-0879 This message and any attachments are solely for the intended recipient and may contain information that is confidential or legally privileged under applicable law. If you are not the intended recipient, any disclosure, copying, use or distribution of the information included in the message and any attachments is prohibited. If you have received this communication in error, please notify us by reply e-mail and immediately and permanently delete this message and any attachments. Thank you. From: Wayne.Wells@myClearwater.com [mailto:Wayne.Wells@myClearwater.com] Sent: Wednesday, January 03, 2007 7:32 PM To: kbrlaw@tampabay.rr.com; Kevin.Garriott@myClearwater.com Cc: housh@northsideengineering.com; michael.delk@MyClearwater.com; Gina.Clayton@myClearwater.com; neil.thompson@MyClearwater.com Subject: RE: C.O. on 445 Hamden Dr., Dockside Condos Kent - I have talked with Gina Clayton regarding your concerns. Our recollection was that we needed to discuss the issues with Leslie Dougall-Sides, Assistant City Attorney, to determine the options, including the issuance of the Certificates of Occupancy. The options outlined in the previous email came out of our discussions with Ms. Dougall-Sides and Michael Delk, Planning Director. Wayne -----Original Message----- From: Kent Runnells [mailto:kbrlaw@tampabay.rr.com] Sent: Tuesday, January 02, 2007 2:04 PM To: Wells, Wayne; Garriott, Kevin Cc: housh@northsideengineering.com Subject: RE: C.O. on 445 Hamden Dr., Dockside Condos 1/4/2007 N ,? • • Page 2 of 3 Wayne: thank you for your timely response; however, i am confused by your comment regarding your previous a mail, which i already possessed. I understand the issues set forth in the previous a mail regarding the options for using the property, but i did not understand those issues to be intertwined with the issuance of the c.o. My understanding regarding the c.o., gleaned not only from your a mail but, more importantly, from the meeting we had with you and Gina a month or so ago, was that the letter explaining the change of use was the only requirement for the issuance of the c.o. No matter what the ultimate use is for the southern building, the northern building is going to be a condo project. Please let me know if i missed something at our meetings or if something has changed. thanks, kent Kent Runnells Kent Runnells, P.A. 101 Main Street, Suite A Safety Harbor, FL 34695 Voice: 727-726-2728 Fax: 727-724-0879 This message and any attachments are solely for the intended recipient and may contain information that is confidential or legally privileged under applicable law. If you are not the intended recipient, any disclosure, copying, use or distribution of the information included in the message and any attachments is prohibited. If you have received this communication in error, please notify us by reply e-mail and immediately and permanently delete this message and any attachments. Thank you. From: Wayne.Wells@myClearwater.com [mailto:Wayne.Wells@myC[earwater.com] Sent: Tuesday, January 02, 2007 1:21 PM To: kbrlaw@tampabay.rr.com; Kevin.Garriott@myClearwater.com Cc: housh@northsideengineering.com Subject: C.O. on 445 Hamden Dr., Dockside Condos Kent - We are in receipt of the letter. Attached is an email sent out previously outlining the options for this property. The request for a time extension for this project by the CDB is scheduled for their January 16, 2007, agenda, starting at 1:00 pm. Wayne -----Original Message----- From: Kent Runnells [mailto:kbrlaw@tampabay.rr.com] Sent: Tuesday, January 02, 2007 11:35 AM To: Wells, Wayne; Garriott, Kevin Cc: housh@northsideengineering.com Subject: C.O. on 445 Hamdem Dr., Dockside Condos wayne and kevin: fulvio told me he delivered to both of you the letter explaining the change of use and requesting the c.o. If you need anything else from us in order to issue the c.o., pleae advise asap, as fulvio is under some pressure to get this done. thanks, kent Kent Runnells Kent Runnells, P.A. 101 Main Street, Suite A 1/4/2007 .,? 0 0 Page 3 of 3 Safety Harbor, FL 34695 Voice: 727-726-2728 Fax: 727-724-0879 This message and any attachments are solely for the intended recipient and may contain information that is confidential or legally privileged under applicable law. If you are not the intended recipient, any disclosure, copying, use or distribution of the information included in the message and any attachments is prohibited. If you have received this communication in error, please notify us by reply e-mail and immediately and permanently delete this message and any attachments. Thank you. 1/4/2007 Page 1 of 2 Wells, Wayne From: Wells, Wayne Sent: Wednesday, January 03, 2007 7:32 PM To: 'Kent Runnells; Garriott, Kevin Cc: housh@northsideengineering.com; Delk, Michael; Clayton, Gina; Thompson, Neil Subject: RE: C.O. on 445 Hamden Dr., Dockside Condos Kent - I have talked with Gina Clayton regarding your concerns. Our recollection was that we needed to discuss the issues with Leslie Dougall-Sides, Assistant City Attorney, to determine the options, including the issuance of the Certificates of Occupancy. The options outlined in the previous email came out of our discussions with Ms. Dougall-Sides and Michael Delk, Planning Director. Wayne -----Original Message----- From: Kent Runnells [mailto:kbrlaw@tampabay.rr.com] Sent: Tuesday, January 02, 2007 2:04 PM To: Wells, Wayne; Garriott, Kevin Cc: housh@northsideengineering.com Subject: RE: C.O. on 445 Hamden Dr., Dockside Condos Wayne: thank you for your timely response; however, i am confused by your comment regarding your previous a mail, which i already possessed. I understand the issues set forth in the previous a mail regarding the options for using the property, but i did not understand those issues to be intertwined with the issuance of the c.o. My understanding regarding the c.o., gleaned not only from your a mail but, more importantly, from the meeting we had with you and Gina a month or so ago, was that the letter explaining the change of use was the only requirement for the issuance of the c.o. No matter what the ultimate use is for the southern building, the northern building is going to be a condo project. Please let me know if i missed something at our meetings or if something has changed. thanks, kent Kent Runnells Kent Runnells, P.A. 101 Main Street, Suite A Safety Harbor, FL 34695 Voice: 727-726-2728 Fax: 727-724-0879 This message and any attachments are solely for the intended recipient and may contain information that is confidential or legally privileged under applicable law. If you are not the intended recipient, any disclosure, copying, use or distribution of the information included in the message and any attachments is prohibited. If you have received this communication in error, please notify us by reply e-mail and immediately and permanently delete this message and any attachments. Thank you. From: Wayne.Wells@myClearwater.com [mailto:Wayne.Wells@myClearwater.com] Sent: Tuesday, January 02, 2007 1:21 PM To: kbrlaw@tampabay.rr.com; Kevin.Garriott@myClearwater.com Cc: housh@northsideengineering.com Subject:. C.O. on 445 Hamden Dr., Dockside Condos 1/3/2007 9 Page 2 of 2 Kent - We are in receipt of the letter. Attached is an email sent out previously outlining the options for this property. The request for a time extension for this project by the CDB is scheduled for their January 16, 2007, agenda, starting at 1:00 pm. Wayne -----Original Message----- From: Kent Runnells [mailto:kbrlaw@tampabay.rr.com] Sent: Tuesday, January 02, 2007 11:35 AM To: Wells, Wayne; Garriott, Kevin Cc: housh@northsideengineering.com Subject: C.O. on 445 Hamdem Dr., Dockside Condos wayne and kevin: fulvio told me he delivered to both of you the letter explaining the change of use and requesting the c.o. If you need anything else from us in order to issue the c.o., pleae advise asap, as fulvio is under some pressure to get this done. thanks, kent Kent Runnells Kent Runnells, P.A. 101 Main Street, Suite A Safety Harbor, FL 34695 Voice: 727-726-2728 Fax: 727-724-0879 This message and any attachments are solely for the intended recipient and may contain information that is confidential or legally privileged under applicable law. If you are not the intended recipient, any disclosure, copying, use or distribution of the information included in the message and any attachments is prohibited. If you have received this communication in error, please notify us by reply e-mail and immediately and permanently delete this message and any attachments. Thank you. 1/3/2007 0 • Page 1 of 1 Wells, Wayne From: Wells, Wayne Sent: Tuesday, January 02, 2007 1:21 PM To: 'Kent Runnells; Garriott, Kevin Cc: housh@northsideengineering.com Subject: C.O. on 445 Hamden Dr., Dockside Condos Kent - We are in receipt of the letter. Attached is an email sent out previously outlining the options for this property. The request for a time extension for this project by the CDB is scheduled for their January 16, 2007, agenda, starting at 1:00 pm. Wayne -----Original Message----- From: Kent Runnells [mailto:kbrlaw@tampabay.rr.com) Sent: Tuesday, January 02, 2007 11:35 AM To: Wells, Wayne; Garriott, Kevin Cc: housh@northsideengineering.com Subject: C.O. on 445 Hamdem Dr., Dockside Condos wayne and kevin: fulvio told me he delivered to both of you the letter explaining the change of use and requesting the c.o. If you need anything else from us in order to issue the c.o., pleae advise asap, as fulvio is under some pressure to get this done. thanks, kent Kent Runnells Kent Runnells, P.A. 101 Main Street, Suite A Safety Harbor, FL 34695 Voice: 727-726-2728 Fax: 727-724-0879 This message and any attachments are solely for the intended recipient and may contain information that is confidential or legally privileged under applicable law. If you are not the intended recipient, any disclosure, copying, use or distribution of the information included in the message and any attachments is prohibited. If you have received this communication in error, please notify us by reply e-mail and immediately and permanently delete this message and any attachments. Thank you. 1/2/2007 <' P o LONG RANGr PLAN'NIN'G DF.VI;I.OPMrN,i, REVIrW Mr. Kent B. Runnells, P.A. 101 Main Street, Suite A Safety Harbor, FL 34695 Re: Community Development Board Meeting (Case No. FLD2005-05051) Dear Mr. Runnells: December 22, 2006 The request for a time extension for Case No. FLD2005-05051 for property located at 445 Hamden Drive and 504 South Gulfview Boulevard has been scheduled to be reviewed by the Community Development Board on January 16, 2007. 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, Wf/-I.?jd& Waye M. Wells, AICP Planner III Cc: Housh Ghovaee, Northside Engineering Services, Inc. S: (Planning DepartmentICD BIFLEX (FLD)IPending cases)Up for the next CDBIHamden 445 Dockside II (7) 2005 -Approved- 1.16.07 CDB - WWIHamden 445 1.16.07 CDB Letter.doc PRANK I IMBARI), MAYOR is • CITY OF C LEARWA°TER PLANNING DEPARTMENT Posy OPFIci: Box 4748, CLFARWATER, FLORIDA 33758-4748 MUNICIPM. SERVICES BUILDING, 100 SOUTH MYRTLE AVENUE, CuARWA,rF.R, FLORIDA 33756 TELEPHONE (727) 562-4567 FAx (727) 562-4865 Jr?nN i?t)iU?N, C?n,NCn.an:.??iEr.R IIIErr I IANII;fON, C,01'NC1L%1FM1U;1, I3ii.E. Jc)Nsc);?, Ccx Nc:nant:wsiat C\wu? :N A. PI:[ 0)1 Ncu. nt>nsi=.r "FIQUAL EMPLOYMENT ANI) AI'Prn;\IATIvv Ac:EION 11UPLO) R" • KENT RUNNELLS, P.A. ATTORNEY AT LAW 101 MAIN STREET, SUITE A SAFETY HARBOR, FL 34695 VOICE (727) 726-2728 • FAX (727) 724-0879 December 26, 2006 Wayne M. Wells AICP Planner, III City of Clearwater Planning Department P. O. Box 4748 Clearwater, FL 33758-4748 • RE: Community Development Board Meeting (Case Number FLD2005-05051) Dear Mr. Wells: Thank you for your notice of the meeting in front of the Community Development Board on the above referenced matter on January 16, 2007. The purpose of this letter is to modify slightly the request set forth in my previous letter. At the time I wrote the previous letter, I was under the misimpression that the maximum extension period allowed under the code was one year, and that 6 months had already been granted at the staff level, leaving only 6 months available for a potential extension at the Community Development Board level. When I met with the City last week, I learned that the actual potential extension period was one year if granted by the Community Development Board. Given all that my client faces in the way of obstacles on this project, we would respectfully request that the one year extension be granted, extending their deadline through on or about August 16, 2007. Sincerely yours, Kent B. Runnells KBR/mm cc: Fulvio DiVello Hoosh Ghovaee RECEIVEQ c 7 2006 PANNING DEPARTMENT CITY OF CLWWAIER w 0 0 KENT RUNNELLS, P.A. ATTORNEY AT LAW 101 MAIN STREET, SUITE A SAFETY HARBOR, FL 34695 VOICE (727) 726-2728 • FAX (727) 724-0879 VIA HAND DELIVERY November 28, 2006 Community Development Board CIO Michael Delk, AICP Planning Director City of Clearwater P. 0. Box 4748 Clearwater, FL 33758-4748 D No 2 9 2005 ? i PLANNING & DEVELOPMENT SERVICES CITY OF C( FAR.I^/,A'FR RE: Extension Request for Application filed by DiVello, FLD2005-05051 Mr. Delk: On behalf of Fulvio DiVello, as Trustee of the DiVello Land Trust, the owner of the above referenced project, I write this letter respectfully requesting an extension to the current deadline of February 16, 2007, for the undertaking of Phase II of the Dockside Condominium Project. As you know, the condominium market has softened substantially on Clearwater Beach, and a large number of hotel units have also been displaced by condominium units. For these reasons, my client would respectfully request a six month extension to their current building permit application deadline to re- evaluate their project and explore their opportunities for retaining as many hotel units as possible instead of building Phase II of their project. The Seastone Hotel and Suites originally consisted of two separate buildings which were operated as one hundred eleven hotel units. After the six story building was severely damaged by the hurricane two years ago, the owner applied for the conversion of one hundred eleven hotel units into eighty- three condominium units, which was the proper number permitted under the seventy-five percent conversion formula. Immediately thereafter they undertook the restoration of the six story building into thirty-one condominium units, with this process to occur while the other building, which contains sixty-two hotel units, was continued in operation as a hotel facility. The ultimate plan was to demolish the smaller hotel building and replace it with a new building containing fifty-two condominium units. However, given the softening of the condominium market and the relative scarcity of hotel units on Clearwater Beach, it does not appear at this time that this action would be economically feasible nor in the interest of the current redevelopment trends on Clearwater Beach. Since submitting their application for a conversion into all condominium units, the applicable guidelines for density, parking, etc. have changed, making the change in direction into a mixed use project relatively complicated. Because of these complexities, it is not anticipated the property owner will be able to make a determination of precisely what their economically feasible options are by February 16, 2007, their current deadline. If no extension is granted, and no other relief can be Page 2 November 28, 2006 found, they may be in the tenuous position of being forced to demolish a vital and much needed sixty-two room hotel facility in the peak of season, thus eliminating much needed hotel rooms before they head down the path of building condominium units for which a market may not currently exist. Not only would this action be economically risky from the owner's point of view, it offers no benefit to the beach community at large. For the reasons set forth herein, request is hereby made that the current expiration of the February 16, 2007 application deadline be extended to August 16, 2007. Respectfully submitted. KENT B. RUNNELLS Attorney for Fulvio DiVello KBR/mm cc: Fulvio DiVello Housh Ghovaee a. Wells, Wayne 0 0 From: Wells, Wayne zr;a.e. _? 16LMAll. Sent: Thursday, December 14, 2006 1:45 PM S2-t- 511b To: Housh Ghovaee (E-mail) Cc: Planning; Garriott, Kevin; Wagner, James; Doreen Williams (E-mail) \_ Subject: 445 Hamden Drive 1? J 2-z-c ? Following is a summary of points: 4-1 S-- 4-7 1 k C. 41 1. On August 17, 2004, the CDB approved Case No. FLD2004-04023 for the Termination of Status of Nonconformity for density within the Tourist District to permit the relocation of five overnight accommodation units from the southern building (Building A) to the northern building (Building B) and the conversion of five overnight accommodation units in the southern building (Building A) to accessory storage and hotel office usage. 2. In May or June 2005, a storm (hurricane) did damage to both existing overnight accommodation buildings on-site, with the northern building receiving the greater damage. 3. A building permit (BCP2005-06826) to repair the top five floors due to hurricane damage was submitted on June 22, 2005, and was issued on July 19, 2005, for the northern existing overnight accommodation building (issued for a hotel building). 4. On August 16, 2005, the CDB approved Case No. FLD2005-05051 for (1) Termination of Status of Nonconformity for density (111 overnight accommodation units existing to be converted to 83 dwelling units, where 53 dwelling units are permitted today); and (2) Flexible Development approval to permit 83 attached dwellings. This project entailed retaining of the northern building with its conversion to 31 attached dwellings, the demolition of the southern building and the construction of a new southern building with 52 attached dwellings. 5. On July 25, 2006, a request was submitted for a time extension to submit for a building permit under the approval of FLD2005-05051. A six month time extension was granted to February 16, 2007. In the time extension letter, dated August 21, 2006, the following was stated: "The approval of this time extension is based on the current use of the property being an overnight accommodation use and that there has been no building permit request or issuance to convert the use of the property to attached dwellings. Building Permit #BCP2005-06826, applied for on June 22, 2005 and issued on July 19, 2005, was for the interior repair of the top five floors due to hurricane damage for the existing overnight accommodation use and predated the approval of this Flexible Development case to convert the use of the property to attached dwellings. It is noted that a conflict may occur with CDB approvals should such a request be submitted to convert the northern building to attached dwellings while the southern building still operates as an overnight accommodation use and nonresidential uses, which would then be classified as a "mixed use." There have been no CDB approvals for mixed use on this property and there will be issues with density." The bold text was in the letter dated August 21, 2006. It appears that no one read this portion of the letter from the applicant/owner side and questioned it as to how to fix the upcoming problem. 6. Construction has proceeded under BCP2005-06826 with no request to change the use under the building permit from overnight accommodations to attached dwellings. Note: I have talked to Kevin Garriott and he stated that a letter requesting the change of use under this building permit would be acceptable for his office to change the use of the units under BCP2005-06826. 7. The owners now want a Certificate of Occupancy for the northern building under BCP2005-06826 to occupy the building as 31 attached dwellings. 8. Housh Ghovaee has contacted me stating the owners want to sell the units in the northern building as attached dwellings (only one unit may have been sold to-date). A condominium plat has been recorded, but now must be reworked. He said they want to subdivide the property so that the condominium attached dwellings will be on their own lot, separate from the existing southern building that will operate as overnight accommodations with offices on the ground floor. He stated that the northern "lot" to be created would have "excess density" necessary for the southern "lot" should they construct the improvements under FLD2005-05051 so that they could "density average" over the entire site. He also stated that some of the parking on the northern "lot" (attached dwellings) would be necessary for L f the southern "lot" (overnight accommodations and offices), such that a cross pa'PFCing agreement would be necessary. Gina Clayton and Wayne Wells have met with Housh, the property owner and the owner's attorney to discuss the issues and to determine how to accomplish their desires under applicable Code provisions and procedures. After discussion between the Planning Department and the City Attorney's office, the following options are available: OPTION 1. Remain an overnight accommodation use, utilizing both buildings much as the past as an overnight accommodation use. An occupational license would need to reflect the 31 units in the northern building and 62 units in the southern building, as well as the two (?) nonresidential units on the ground floor of the southern building. The approval by the CDB for attached dwellings has not yet expired and a request to extend the time period for one additional year is scheduled to be reviewed by the CDB on January 16, 2007. Such approval by the CDB granting a time extension may "buy" the owner some time to regroup, decide what he wants to do, see what the market is doing and potentially proceed under the prior approval for attached dwellings over the entire property as originally approved. Under this option, the completion of the demolition of the southern building would need to occur prior to the FLD expiration date the CDB may approve as the ability for the City to issue Certificates of Occupancy for attached dwellings in the northern building (after the building permit issue is resolved - see #6 above), so long as an appropriate condominium plat has been recorded. The applicant would also need to submit for a site and building permit to construct the new 52-unit attached dwelling southern building approved by the CDB under FLD2005-05051 prior to the FLD expiration date. OPTION 2. The approval by the CDB under FLD2005-05051 was for 83 attached dwellings. The CDB did not approve "mixed use" of attached dwellings and overnight accommodations. To have both uses, a new FLD application would need to be filed to permit a "mixed use" as a Comprehensive Infill Redevelopment Project. NO CERTIFICATES OF OCCUPANCY AS ATTACHED DWELLING UNITS CAN BE ISSUED IN THE NORTHERN BUILDING UNTIL THE NEW APPLICATION IS APPROVED BY THE CDB AND ALL OTHER ACTIONS NECESSARY ARE COMPLETED (see below). The application would need to be reviewed by the DRC prior to scheduling for the CDB. The proposal would show two lots, providing site data (including density calculations) for each lot. Since the Code has been amended to preclude the termination of nonconforming density and converting it to a different use (such as overnight accommodation units to attached dwellings), the proposal must meet these new rules. As such, the density for the northern lot (attached dwellings) would be based on 30 dwelling units per acre. Based on prior discussions with Housh, it is estimated that this would produce 25 dwelling units. The proposal would need to show how this building would only have 25 dwelling units. Alternately, based on the Transfer of Development Rights (TDR) regulations, a maximum number of dwelling units that can be transferred to this site is 20 percent of the maximum number of units otherwise permitted. If 25 dwelling units are permitted (assumed at this point), then a maximum of five dwelling units could be transferred to this site through TDR. This would permit a maximum of 30 dwelling units, which is not 31 dwelling units, but is closer than 25 dwelling units. The applicant would need to purchase these TDRs from other available sending sites from the area governed by Beach by Design. Under this sub-option, the proposal would need to show how this building would only have 30 dwelling units. This new application would also potentially need to include a Termination of Status of Nonconformity for the overnight accommodation use on the southern lot (we don't know the permitted number of overnight accommodation units permitted until the lot size for the southern lot is determined). The density would need to be calculated based on a mixed use, since potentially the two (?) nonresidential units may still be desired to be retained on the ground floor, and based on 50 overnight accommodation units per acre. If the mixed use density calculation for this southern lot exceeds the maximum allowable, then the proposal would need to include the Termination portion in the request. This Termination portion would be basically to allow what exists to remain in the southern building. Should it be desired in the future to converted the use of the southern lot to attached dwellings, the allowable density for attached dwellings would be 30 dwelling units per acre. Parking calculations would also need to be developed. The attached dwellings would need to be calculated based on two parking spaces per dwelling unit, the overnight accommodation use based on one parking space per unit and (if desired to be retained) the offices on four spaces per 1,000 square feet GFA (or retail at five spaces per 1,000 square feet GFA). We would look at the overall site for providing the required number of parking spaces, but the applicant may need to have a cross-parking agreement for some of the overnight and office (southern lot) parking to occur on the northern lot (attached dwellings), if the case. Additionally, since the northern building (attached dwellings) would need to be on a lot separate from the overnight accommodations (southern lot) for the purposes of filing a condominium plat (as the applicant's attorney has indicated), the application would need to either: a. include a preliminary plat showing the two lots proposed (if this option is chosen, a final plat would need to be accepted and approved by City Council); or b. since the overall property is primarily existing platted lots (with the exception of the parking area east of the southern building), the proposal could show the two lots desired and a Release of Unity of Title and Minor Lot Adjustment request would need to be filed afterCDB approval and prior to the condom iniu• tting (this is assuming that the proposed lot line between the north and south lots would not follow existing platted lot lines). After either "a" or "b" above is approved and recorded, a condominium plat would need to be recorded. After such, the attached dwelling units could be issued Certificates of Occupancy and sold as condominiums. IPP" 0 1 0 Wells, Wayne From: Clayton, Gina Sent: Friday, October 27, 2006 5:54 PM To: Wells, Wayne Cc: Thompson, Neil; 'Housh Ghovaee (E-mail)'; 'Doreen Williams (E-mail)' Subject: RE: 445 Hamden Drive Wayne - I spoke with the Assistant City Attorney regarding this property. There are two ways to proceed with this case: 1. Amend the current permit so that it is consistent with the plans approved by the CDB and build that project; or 2. Revise the site plan. Any new site plan will require to be processed under the current code. The conversion of nonconforming density to another use can not be considered with a new application since the code was revised after the original project was approved. Splitting the lots would also require a new site and would prevent the conversion of nonconforming density. If you have any questions, please let me know. Thanks. Gina -----Original Message----- From: Wells, Wayne Sent: Thursday, October 26, 2006 6:51 PM To: Clayton, Gina Cc: Thompson, Neil; Housh Ghovaee (E-mail); Doreen Williams (E-mail) Subject: 445 Hamden Drive Gina - As we discussed this property today, following is. a summary of points: 1. On August 17, 2004, the CDB approved Case No. FLD2004-04023 for the Termination of Status of Nonconformity for density within the Tourist District to permit the relocation of five overnight accommodation units from the southern building (Building A) to the northern building (Building B) and the conversion of five overnight accommodation units in the southern building (Building A) to accessory storage and hotel office usage. 2. In May or June 2005, a storm (hurricane) did damage to both existing overnight accommodation buildings on-site, with the northern building receiving the greater damage. 3. A building permit (BCP2005-06826) to repair the top five floors due to hurricane damage was submitted on June 22, 2005, and was issued on July 19, 2005, for the northern existing overnight accommodation building (issued for a hotel building). 4. On August 16, 2005, the CDB approved Case No. FLD2005-05051 for (1) Termination of Status of Nonconformity for density (111 overnight accommodation units existing to be converted to 83 dwelling units, where 53 dwelling units are permitted today); and (2) Flexible Development approval to permit 83 attached dwellings. This project entailed retaining of the northern building with its conversion to 31 attached dwellings, the demolition of the southern building and the construction of a new southern building with 52 attached dwellings. 5. On July 25, 2006, a request was submitted for a time extension to submit for a building permit under the approval of FLD2005-05051. A six month time extension was granted to February 16, 2007. In the time extension letter, dated August 21, 2006, the following was stated: "The approval of this time extension is based on the current use of the property being an overnight accommodation use and that there has been no building permit request or issuance to convert the use of the property to attached dwellings. Building Permit #BCP2005-06826, applied for on June 22, 2005 and issued on July 19, 2005, was for the interior repair of the top five floors due to hurricane damage for the existing overnight accommodation use and predated the approval of this Flexible Development case to convert the use of the property to attached dwellings. It is noted that a conflict may occur with CDB approvals should such a request be submitted to convert the northern building to attached dwellings while the southern building still operates as an overnight i accommodation use and nonresidential uses, which would then be classified a• mixed use." There have been no CDB approvals for mixed use on this property and there will be issues with density." The bold text was in the letter dated August 21, 2006. It appears that no one read this portion of the letter from the applicant/owner side and questioned it as to how to fix the upcoming problem. 6. Construction has proceeded under BCP2005-06826 with no request to change the use under the building permit from overnight accommodations to attached dwellings. Note: I have talked to Kevin Garriott today and he stated that a letter requesting the change of use under this building permit would be acceptable. 7. The owners now want a Certificate of Occupancy for the northern building under BCP2005-06826 to occupy the building as 31 attached dwellings. 8. Housh Ghovaee called me tonight regarding this property and the issues at hand. He stated that the owners want to sell the units in the northern building as attached dwellings (only one unit may have been sold to-date). A condominium plat has been recorded, but now must be reworked. He said they want to subdivide the property so that the condominium attached dwellings will be on their own lot, separate from the existing southern building that will operate as overnight accommodations with offices on the ground floor. He stated that the northern "lot" to be created would have "excess density" necessary for the southern "lot" should they construct the improvements under FLD2005- 05051 so that they could "density average" over the entire site. He also stated that some of the parking on the northern "lot" (attached dwellings) would be necessary for the southern "lot" (overnight accommodations and offices), such that a cross parking agreement would be necessary. As we discussed, we don't recall any case like this where only a portion of an approved project has been "constructed" and now we are going to be left with something that wasn't anticipated or approved (by the CDB). The questions now are how to deal with this and what procedures, if any, will be necessary to provide for this new scenario. Wayne Wells, Wayne From: Clayton, Gina Sent: Friday, October 27, 2006 9:49 AM To: Wells, Wayne Subject: RE: 445 Hamden Drive I don't know how he can now create a new and separate lot and maintain any rights under his current plan that included termination. -----Original Message----- From: Wells, Wayne Sent: Thursday, October 26, 2006 6:51 PM To: Clayton, Gina Cc: Thompson, Neil; Housh Ghovaee (E-mail); Doreen Williams (E-mail) Subject: 445 Hamden Drive Gina - As we discussed this property today, following is a summary of points: 1. On August 17, 2004, the CDB approved Case No. FLD2004-04023 for the Termination of Status of Nonconformity for density within the Tourist District to permit the relocation of five overnight accommodation units from the southern building (Building A) to the northern building (Building B) and the conversion of five overnight accommodation units in the southern building (Building A) to accessory storage and hotel office usage. 2. In May or June 2005, a storm (hurricane) did damage to both existing overnight accommodation buildings on-site, with the northern building receiving the greater damage. 3. A building permit (BCP2005-06826) to repair the top five floors due to hurricane damage was submitted on June 22, 2005, and was issued on July 19, 2005, for the northern existing overnight accommodation building (issued for a hotel building). 4. On August 16, 2005, the CDB approved Case No. FLD2005-05051 for (1) Termination of Status of Nonconformity for density (111 overnight accommodation units existing to be converted to 83 dwelling units, where 53 dwelling units are permitted today); and (2) Flexible Development approval to permit 83 attached dwellings. This project entailed retaining of the northern building with its conversion to 31 attached dwellings, the demolition of the southern building and the construction of a new southern building with 52 attached dwellings. 5. On July 25, 2006, a request was submitted for a time extension to submit for a building permit under the approval of FLD2005-05051. A six month time extension was granted to February 16, 2007. In the time extension letter, dated August 21, 2006, the following was stated: "The approval of this time extension is based on the current use of the property being an overnight accommodation use and that there has been no building permit request or issuance to convert the use of the property to attached dwellings. Building Permit #BCP2005-06826, applied for on June 22, 2005 and issued on July 19, 2005, was for the interior repair of the top five floors due to hurricane damage for the existing overnight accommodation use and predated the approval of this Flexible Development case to convert the use of the property to attached dwellings. It is noted that a conflict may occur with CDB approvals should such a request be submitted to convert the northern building to attached dwellings while the southern building still operates as an overnight accommodation use and nonresidential uses, which would then be classified as a "mixed use." There have been no CDB approvals for mixed use on this property and there will be issues with density." The bold text was in the letter dated August 21, 2006. It appears that no one read this portion of the letter from the applicant/owner side and questioned it as to how to fix the upcoming problem. 6. Construction has proceeded under BCP2005-06826 with no request to change the use under the building permit from overnight accommodations to attached dwellings. Note: I have talked to Kevin Garriott today and he stated that a letter requesting the change of use under this building permit would be acceptable. 7. The owners now want a Certifica7e of Occupancy for the northern building un eer BCP2005-06826 to occupy the building as 31 attached dwellings. 8. Housh Ghovaee called me tonight regarding this property and the issues at hand. He stated that the owners want to sell the units in the northern building as attached dwellings (only one unit may have been sold to-date). A condominium plat has been recorded, but now must be reworked. He said they want to subdivide the property so that the condominium attached dwellings will be on their own lot, separate from the existing southern building that will operate as overnight accommodations with offices on the ground floor. He stated that the northern "lot" to be created would have "excess density" necessary for the southern "lot" should they construct the improvements under FLD2005- 05051 so that they could "density average" over the entire site. He also stated that some of the parking on the northern "lot" (attached dwellings) would be necessary for the southern "lot" (overnight accommodations and offices), such that a cross parking agreement would be necessary. As we discussed, we don't recall any case like this where only a portion of an approved project has been "constructed" and now we are going to be left with something that wasn't anticipated or approved (by the CDB). The questions now are how to deal with this and what procedures, if any, will be necessary to provide for this new scenario. Wayne ,• • Page 1 of 7 Wells, Wayne From: The Beachouse [stay@thebeachouse.com] Sent: Saturday, October 14, 2006 4:39 PM To: Wells, Wayne Cc: stay@beachouse.com Subject: Dockside Landscaping Issue Dear Mr. Wells, Below are photos of the Dockside landscaping ...(formally Seastone Suites). These recently planted shrubs and trees butt up to our property and eliminate the pedestrian as well as vehicular water view of the bay. Since the trees are already higher than 3 feet ...and the bushes that have been planted can reach up to 15 feet ...the landscaping is and will be higher than the agreed to height of 3 feet at maturity. As such, we would like the landscaping removed and any future plantings adhere to the agreed height ...as to preserve the integrity of the bay view for all our community. Sincerely, Bill and Helen Sykes The Beachouse 421 Clearwater Beach Clearwater, FL 33767 10/15/2006 10/15/2006 • • Page 2 of 7 10/15/2006 • • Page 3 of 7 r vl ; 0 Page 7 of 7 10/15/2006 7 .+ 4TER, 00 LONG RANGE PLANNING Dryi:1.01WENT Ri-mHW Ms. Doreen Williams Northside Engineering Services Inc. 601 Cleveland Street, Suite # 930 Clearwater, Florida 33755 August 21, 2006 RE: FLD2005-05051 - 445 Hamden Drive and 504 South Gulfview Boulevard Time Extension Development Order Dear Ms. Williams: On August 16, 2005, the Community Development Board (CDB) approved the above application for (1) Termination of Status of Nonconformity for density (111 overnight accommodation units existing to be converted to 83 dwelling units, where 53 dwelling units are permitted today), under the provisions of Section 6-109; and (2) Flexible Development approval to permit 83 attached dwellings with reductions to the front (south along S. Gulfview Blvd.) setback from 15 feet to 10 feet (to pavement) and from 15 feet to zero feet (to trash staging area), reductions to the front (west along Hamden Drive) from 15 feet to 12.5 feet (to building and proposed pavement), from 15 feet to five feet (to existing pavement) and from 15 feet to zero feet (to trash staging area), reductions to the side (north) from 10 feet to three feet (to existing pavement) and from 10 feet to zero feet (to existing pool deck), an increase to building height from 35 feet to 100 feet (to roof deck) with an additional seven feet for perimeter parapets (from roof deck) and an additional 22.5 feet for elevator and stair towers (from roof deck) and a deviation to allow direct access to an arterial street, as a Comprehensive Infill Redevelopment Project, under the provisions of Section 2-803.C. Section 4-407 of the Community Development Code requires the application for a building permit within one year of the date the CDB approved the request (August 16, 2006). This same Section allows an extension of time to initiate a building permit, provided good cause is shown and documented in writing within the original period of validity. The Planning Director may also consider whether significant progress on the project is being made and whether or not there are pending or approved Code amendments that would significantly affect the project. On July 25, 2006, you submitted a request for a six-month time extension to apply for a building permit to construct the improvements on this parcel. Your letter cited a change in architects resulting in a delay to prepare architectural plans. Since the approval of this project, the Code has been amended in the following that affect this project: 1'It:\,\h 1111MAKU. M: M], 10 of C ITY OF C LEARWATE R PLANNING DEPARTMENT Posy Orrlcl: Box 4748, CLP.ARWATI.R, FLORIDA 33758-4748 MUNICIPAL. SERVICES BUILDING, 100 SOUTH MvRTu: AVEN(;r, CLEARWATIT, FLORIDA 33756 TFILE-PI IONr (727) 562-4567 FAx (727) 562-4865 .1()] I'\ Doll' N, Ofl Nl:11 \IIUI1tIT I IM I I1AM11:I'UN, 0U1 NC1 Auf>nl1:r, ISILI. _IONtiU\, C(A N1.11.\II(\IR1T' ® CAH11:N A. PF1 P.F>I(N, (:OI' N(:11_\I1Nh1?It "1:uUA1,l{.?1r1 i?u:?IAND r\rrlr,?t:cr1?1:A(:rutNFIMI M1R" August 21, 2006 Williams - Page Two 1. The requirement for parking has been amended to two parking spaces per unit. This project was approved with 132 parking spaces for 83 attached dwelling units, at a parking ratio of 1.59 parking spaces per dwelling unit. 2. The requirement for parapet height for buildings with flat roofs has been amended to a maximum of 42-inches. This project was approved with a parapet height of seven feet (from roof deck). 3. Section 6-109.B was amended to not allow the conversion of a nonconforming density to a different use. The approval of this project provided for the conversion of nonconforming overnight accommodation density to dwelling unit density. In considering the above changes to the Code and Beach by Design, in accordance with the provisions of Section 4-407 of the Community Development Code, I APPROVE a six-month time extension to February 16, 2007, to submit an application for a building permit to construct the building and site improvements on your parcel at 445 Hamden Drive and 504 South Gulfview Boulevard. The approval of this time extension is based on the current use of the property being an overnight accommodation use and that there has been no building permit request or issuance to convert the use of the property to attached dwellings. Building Permit #BCP2005-06826, applied for on June 22, 2005 and issued on July 19, 2005, was for the interior repair of the top five floors due to hurricane damage for the existing overnight accommodation use and predated the approval of this Flexible Development case to convert the use of the property to attached dwellings. It is noted that a conflict may occur with CDB approvals should such a request be submitted to convert the northern building to attached dwellings while the southern building still operates as an overnight accommodation use and nonresidential uses, which would then be classified as a "mixed use." There have been no CDB approvals for mixed use on this property and there will be issues with density. In the event you are unable to proceed with the project by submitting for the building permit, the CDB may approve one additional extension of time to initiate a building permit application. Such extension shall not exceed one year, shall be for the project originally approved (or as approved through the Minor Revision process) and shall be for good cause shown and documented in writing. The CDB must receive the request for this extension within the time frame granted by the Planning Director (period of validity after the original extension approved by the Planning Director, which means that any time extension request must be submitted with sufficient lead time to be placed on the CDB agenda that precedes the above expiration date). Good causes may include, but are not limited to, an unexpected national crisis (acts of war, significant downturn in the national economy, etc.), excessive weather-related delays, and the like. The CDB may also consider these same Code amendments enumerated above, whether significant progress on the project is being made and whether or not there are additional pending or approved Code amendments that would further significantly affect the project. Please be aware that the issuance of this Development Order does not relieve you of the necessity to obtain any building permits or pay any impact fees that may be required. In order to facilitate the issuance of any permit or license affected by this approval, please bring a copy of this letter with you when applying for any permits or licenses that require this prior development approval., August 21, 2006 Williams - Page Three If you have any questions, please do not hesitate to call Wayne M. Wells, AICP, Planner III at 727-562-4504. Sincerely, Michael DeA , AICP Planning Director S: Wlaaning DepornnentIC D BIFLEX (FLD)Ifnactive or Finished ApplicationslHamden 445 Dockside 11 (T) 2005 - ApprovedWamden 445 Time Ext. Dev. Order 8.21.06.doc Northswitie July 24, 2006 Mr. Michael Delk Planning Director City of Clearwater Planning Department 100 S. Myrtle Avenue Clearwater, FL 33756 RE: Development Order -Case No. FLD2005-05051 445 Hamden Drive and 504 South Gulfview Blvd. Dear Mr. Delk: . CIVIL• LAND PLANNING • ENVIRONMENTAL • TRANSPORTATION • RECEIVED JUL 2 5 2006 PLMNMING M+MMEM CIIYOF CLFAWWAM The above case was issued a Development Order on August 16, 2005 and will be expiring on August 16, 2006. Our client unfortunately had to change architects and plans will not be complete by the August 16, 2006 expiration date. We formally request a six month extension to February 16, 2007. Your favorable response is greatly appreciated. Sincerely, Doreen A. Williams Project Director 601 CLEVELAND STREET, SUITE 930 CLEARWATER, FLORIDA 33755 NESADMIN@MINDSPRIN6.COM NESTECH@MINDSPRIN6.COM 727 • 443 • 2869 FAX 727 • 446 • 8036 File Edit Options Window Help .- W Exit NNtw Open Tocck LLict QBE GGIIS Z_J Q g q? Close Edit Project Group Add Clone Parcel Activity People Fees Valuation Condition. Cace Notes Tag: Document. GIs Case ? r t r r sl?[ ! t ' ?1 _ LIJ] MP Atlas General Name: RICHARD P JOHNSTON Updated: M3f2006 J _ Address: 445 HAMDEN DR Master# 13 CP2004-09678<. 276A PRJ# BCP2006-06$26 Project: SEASTONE SUITES RENOVATION General2 Description: REPAIR TOP (5) STORIES DUE TO HURRICANE DAMAGE - INTERIOR , ORK ONLY (NO SITE WORK) Type of w Work 1 € Fence Type of Perrnit: Inspector. Comments: Repair Resident ial/Commeria1: Commercial Existin Use: Hotel Proposed Use. v Hotel Units Stories: Census: Bin # 437 C-4 Permit Gates Date Received: 62f2006' ROW Target Date: 7/i3/2059: i Comments Sent Date: 6/22/2005 Zoninc Date Issued: 7/19/20051 Tree Date Finaled: F . f Date Expired: 2/11/2007 brectio 0: R eddy :oStart i N l pp2? 0 99 y?Inbox -Microsoft Outlook E?j Inactive or Finished A li... E? Forms and Shell Documen... Tidemark Advantage - 9 l 11:3; AM I ' M1`?X 11. '' ?i i ? 4 • • CITY OF CLEARWATER PLANNING AND DEVELOPMENT SERVICES MUNICIPAL SERVICES BUILDING 100 SOUTH MYRTLE AVE. CLEARWATER, FLORIDA 33756 PHONE (727) 562-4567 FAX (727) 562-4576 CASE SUMMARY BCP2005-06826 445 HAMDEN DR SEASTONE SUITES RENOVATION REPAIR TOP (5) STORIES DUE TO HURRICANE DAMAGE - INTERIOR WORK ONLY (NO SITE WORK) PEOPLE Role: Architect Owner/Property Co - Owner Contractor Contractor Contractor Contractor FEES Permit Fee Plans Review Fee Reinspection Fee (1st) FULVIO DIVELLO 445 HAMDEN DR CLEARWATER, FL 33767 MADDALENA DIVELLO 445 HAMDEN DR CLEARWATER, FL 33767 RICHARD P JOHNSTON RIKLYN CONSTRUCTION INC 5633 FILED SPRING AVE NEW PORT RICHEY, FL 34655 STEPHEN P SIMPSON STEPHEN P SIMPSON ELECTRIC 7490 140TH ST N SEMINOLE, FL 33776 RANDELL K WOLF RANDY WOLF AIR CONDITIONING 12350 S BELCHER RD #6-C LARGO, FL 33773 L C ELLIS JR ELLIS FAMILY INC 2323 C SR 580 CLEARWATER, FL 33763 Assessed Amount $2,972.50 $0.00 $32.00 Amount Paid $2,972.50 $0.00 $32.00 Total $3,004.50 $3,004.50 PHONE: 733-3769 FAX: No Fax PHONE: 804-6116 FAX: No Fax PHONE: No Phone FAX: No Fax PHONE: 727-375-1733 FAX: 727-375-1733 PHONE: 727-394-2001 FAX: No Fax PHONE: 727-531-0188 FAX: 727-531-3758 PHONE: (727) 723-8626 FAX: (727) 723-8639 Balance Due $0.00 $0.00 $0.00 $0.00 rAForms\InfoSummary.rpt BCP2005-06826 • 445 HAMDEN DR CONDITIONS All conditions must be met before a permit can be issued. r:\Forms\InfoSummary.rpt BCP2005-06826 • 445 HAMDEN DR Building Review Met Please confirm there is a 2 hr separation between the parking and 1 st living space floor, that the single story stairwells are 1 hr rated with 1 hr doors and that the enclosed multistory stairwell is a 2 hr rated stairwell with 90 min doors. Met It appears that the occupancy classification of this building is changing from R1 to R1/R2. This will bring into action FBC 3401.2.2 Bldg. as indicated in some of the following conditions. 04/10/2005: New cover page states "renovation of existing R2"? Please contact Jeff Walker Qeff.walker@myclearwater.com) to arrange for a meeting regarding this project on either a Monday or Thursday morning. Met Please provide a corrected original elevation certifitcate: FIRM panel no. and address appear to be incorrect on submitted copy. Met What is the buildings gross area? 04/10/2005: It appears that this building has at least 34,000 sqft of conditioned space. Please provide area of each floor and total for building. This could be incorporated in the requested Life Safety Drawing. Met Please provide a elevation certificate showing the first conditioned floor is above the BFE or provide a completed Substantial Improvement Package showing compliance with all FEMA requirements. Met Submit an asbestos notification statement verifying that a written asbestos survey will be available on-site before demolition of a building, before building renovations or before maintenance on insulated equipment or building systems, as required Pinellas county code, Ch 58-149(d) and Ch 553.79 Florida Statutes. 04/10/2005: No separate demo permit on file with city? Met What percentage of the overnight suites are ADA compliant, FBC 11-9 Bldg. Please indicate which suites they are. Met Please confirm that the exterior stairs are of noncombustible construction, FBC 1014.1.4 Bldg. Met 1 st and 2nd condition floors appear to have wings (north and south) with only one exit each for many of the suites. Please explain how all the requirements of FBC 1026.1.1 Bldg. are met. Met Include all separations, penetrations, shafts, etc and how they will be protected. Include all U/L details. Met Please provide a Life Safety Plan showing occupancy load, no. and location of marked exits, maximum travel distance, egress width requirement, common path, dead end corridor length, corridor width requirement, etc. 04/10/2005: No Life Safety Plan submitted? Met Please provide energy calcs. etc. as per Ch. 13 101.1.3 Bldg. Met Please confirm all stairwells have handrails on both sides. Met Please confirm the trash chute is 2hr rated with 90 min doors, FBC T705.1.2. Where does this chute pass through on 1st conditioned floor and where does it terminate? Met Suite K will require a separate permit. Please provide structural dwgs for new floor system complete with supports. This floor will have to be 1 hr rated. 04/10/2005: Does this project include a unit K? Electrical dwgs. show a unit K? The addition of a Unit K would require 1 hr tenant separation c/w 1/2 hr exit access corridor around the unit with 20min opening protectives on each floor affected by the unit, i.e. 2nd and 3rd. The exit access corridors would complete the exterior balconies connecting the two exit stairways. Met For those marked exits utilizing an exit passageway in the parking floor indicate that the the passageway is a minimum of 44" wide (FBC 1010. 1.2) and that all four of the exceptions of FBC 1010.3 Bldg are met. Otherwise the exit passageway will have to be rated. Met Is this building currently sprinkled or going to be sprinkled? If the later, please submit the Fire dwgs. If the former, is all the building sprinkled, including the egress balconies? Met Address openings within 10 feet of exterior stair - Note sect 1006.2.4 Fla Bld Code - Building Met Please provide a product approval package for this project, complete with manufactures installation instructions, to meet the Florida Product Approval requirements. The covered products are; Windows, Skylights, Exterior doors, Shutters, Roofing, Structural Components, New and Innovative building envelope products. (Note - Go to www.boaf.net and click on Product Approval for details) r:\Forms\I nfoSummary. rpt BCP2005-06826 . 445 HAMDEN DR C OF O CONDITION - ZONING Met Condition of the Development Order for FLD2004-04023: "That the Florida Department of Business and Professional Regulation, Division of Hotels and Restaurants license and the City's occupational license be amended to reflect the change in number of units/rooms, prior to the issuance of the Certificate of Occupancy for the units in the northern building (Building B). Guest stays for both buildings shall not exceed 30 days (except the owner/manager unit). Units/rooms shall not qualify for homestead exemption or home or business occupational licenses;" Electrical Review Met No electrical drawings submitted with these plans. Met How is motor on whirlpool tubs accessed? Note drawings for access method. Met "E" unit needs smoke detector outside all sleeping areas. Show locations on drawings. Met Electrical plan review not completed - still in progress. Met New Drawings submitted on 7/8/05 PM. No indication of what changes are, no clouding, no transmittal/explaination letter - drawings will only be reviewed once changes clearly explained. 1.Please supply load calculation for 1200 amp. new service. 2.Is Fire pump service and Generator service and associated equipment existing? IF not please provide proper drawings. Engineering Review Met Need to submit a scaled drawing showing all site improvements. INTERIOR REMODEL FLOORS 3 - 6. Fire Review Met All questions regarding fire comments should be addressed to Chief of Construction S. C. Strong who can be reached at 727-562-4327 ext 3039. NOTE - Please cloud any/all changes on the plans before returning them for re-review. - Provide a response letter listing the responses to comments, and giving the location of the correction on the plans. NOTE -Additional Conditions may be necessary based on the responses to conditions or to new information not on hand at time of review. NOTE- This review is on hold due to insufficient information available at the time of review (see comments below). NOTE: Resubmit corrected plans to the Building Department. Met A) Provide fire sprinkler system plan. 7/12/05 Condition met as per Chief of Construction S.C.Strong. Met B) F A 1-5 missing from plan set. 7/12/05 Condition met as per Chief of Construction S.C.Strong. Met C) As of January 1, 2005, new Florida Fire Prevention Code implemented 2004 edition, change FFPC 2001 comment. 7/12/05 Condition met as per Chief of Construction S.C.Strong. Met D) Provide smoke alarms direct wire household power interconnected. 7/12/05 Condition met as per Chief of Construction S.C.Strong. rAForms\InfoSummary.rpt BCP2005-06826 . • 445 HAMDEN DR Mechanical Review Met No Mechanical plans submitted - Please address Met How is the condensate from the AHUs drained to storm? Met Is AHU #6 greater than 2000 cfm, and if so a smoke detector is required in the supply duct as per FBC 606 Mech. Met Please confirm window are operable and that ventilation will be provided naturally for all suites. Met What is the purpose of the new shaft? Met Please explain exception to return air balancing for bedrooms as per FBC 601.4 Mech. Met Dryer ducts appear to exceed 25' developed lenght, FBC 504.6 Mech. Please explain exception. 04/10/2005: Are the EF2s listed/labeled for this type of application, i.e. domestic dryer exhaust? Met Please provide detail for how the new CUs are attached to the structure for the 130mph wind load. 04/21/2005: Minimum 12" height above roof does not meet the requirements FBC 1511.7 Bldg. MISC - General Met NEED ALL CONTRACTOR LICENSE INFO TO INCLUDE FL STATE, PINELLAS COUNTY CONSTRUCTION LICENSING BOARD AND OCCUPATIONAL LICENSE FROM RESPECTIVE JURISDICTION (JMP) Plumbing Review Met Provide a CO at the base of all waste or soil stacks, FBC 708.3.4 Plumbing. Met How is the EWH drain pan drained to sewer? Met ISO displays good venting (although dwg. standard line type reversed between vents and sewer) but ISO shows 4" sanitary sewer flowing up one floor? Met Only one ISO shown for complete building renovation? Met No Plumbing isometrics included in plans - Please address Traffic Review Met All parking spaces must comply with current city standards i.e. 90 degree parking must be 9 foot wide x 19 foot in length with a 24 foot drive aisle. INTERIOR REPAIR ONLY FLOORS 3 THRU 6. Met Provide an accessible route from public sidewalk to building's accessible entrance. INTERIOR REPAIR ONLY FLOORS 3 THRU 6. r:\Forms\InfoSummary.rpt B'CP2005-06826 445 HAMDEN DR Zoning Review Met Room counts revised 6/24/05 - WW Sheet S-1 - Revise the room count. Revise the Land Use Data table (93 units have been redlined in, but the reductions through combining units to make larger units reduces Building B by 20 units. 111 units - 20 units = 91 units, not 93). There will be 31 units in Building B. Revise the required parking accordingly. 5/5/05 - WW Revise Sheet S-1 for the room count, since the proposal includes combining two overnight accommodation units/rooms to make one unit/room. Ensure to include all proposed units/rooms on the second floor that are anticipated though a future permit. 3/4/05 - WW Revise Sheet S-1 for the room count (see below). 12/22/04 - WW Revise Sheet S-1 for the room count for Building B from 48 to 49 rooms, as the manager's unit is counted as an overnight accommodation unit - not a dwelling unit (this was mentioned in the Staff Report for FLD2004-04023). Also revise the total number of units from 110 to 111 overnight accommodation units. Met 6/24/05 - WW Combined into another comment. 5/5/05 - WW Sheet S-1 - Since the overall number of overnight accommodation units/rooms are being reduced through the combination of rooms with this proposal, revise the Land Use Data to reflect the proposed number of units/rooms and the "parking required" accodingly. 3/4/05 & 12/22/04 - WW Revise Sheet S-1 for the Land Use Data for "parking required" for overnight accommodation from 110 to 111 spaces and for "total required" from 122 to 123 spaces. Met 3/4/05 - WW See comments dated 3/4/05. 12/22/04 - WW Revise Sheet A-2 to Indicate the eastern line of new balconies for Units 4 & 5. Met detail x'd out 6/24/05 & 5/5/05 - WW Sheet A-6 - If the scope of work has changed and the second floor is no longer included, then remove ('Y' out) Window A from this proposal. 3/4/05 - WW Sheet A-6 - New arched windows in Second Floor Units 201 & 202 are not reflected on the approved plans by the CDB. Unclear why arched windows are only being added to these two units (actually only a portion of Unit 202) and not all units on the Second Floor. Remove arched windows. Met 5/5/05 - WW Scope of work does not include this anymore. 3/4/05 - WW Sheet C-1 - Square-sh box within a parking space southeast of the double elevator is actually a mechanical chase, not a dumpster as noted. Revise. Met 5/5/05 - WW Scope of work does not include any of these changes anymore. 3/4/05 - WW Sheet S-1 - Show all proposed changes on this sheet (chases, trash chute, dumpster, etc.). Met 5/5/05 - WW Scope of work does not include the second floor anymore. 3/4/05 - WW Sheets A-1 & A-2 - A new trash chute next to the double elevators has been added but does not extend to the First or Second Floor. Additionally, the trash chute conflicts with the existing stairs (to remain) on the First Floor. Revise. Met 5/5/05 - WW Scope of work does not include this anymore. 3/4/05 - WW Sheet C-1 - A dumpster has been added under the building that was not shown on the site plans under FLD2004-04023. Advise/revise. r:\Forms\I nfoSummary.rpt B'CP2005-06826 445 HAMDEN DR Met 5/5/05 - WW Scope of work removed this item. 3/4/05 - WW Remove "future pool" from the drawings. No pool in this area was approved under FLD2004-04023. Met 5/5/05 - WW Revise application with new scope of work as outlined in the April 1, 2005, letter from Patricia M. Stough. 3/4/05 - WW Revise application with new scope of work to include renovation to entire building. Met Applicant revised application 6/24/05 & 5/5/05 - WW Revise the City Permit Application reflecting R1 occupancy and the revised scope of work. 3/4/05 - WW Plans submitted do not correctly depict the builidng occupancy. Per the Florida Building Code, R1 is "residential occupancies where the occupants are primarily transient in nature including boarding housing (transient), hotels and motels." R2 is "muliple dwellings where the occupants are primarily permanent in nature, including apartment houses, convents, dormitory facilities which accommodate 6 or more persons of more than 2.5 years of age who stay more than 24 hours, fraternities and sororities, monasteries and rooming houses (not transient)." This property (both buildings) are overnight accommodation units (hotel or motel), not dwellings. Revise all applications, supporting documentation, plans and specifications to reflect a R1 classification. The title for this project has also been changed to "Dockside Condominiums." However, if you are changing to multiple dwellings (R2), then this property must be re-reviewed as a Comprehensive Infill Redevelopment Project by the Community Development Board as a mixed use, as Case FLD2004-04023 was reviewed and approved solely as an overnight accommodation use. Met 5/5/05 - WW Scope of work has removed this from this application. 3/4/05 - WW Sheets A-1 & A-7 - New balcony on east side of Second Floor is not as approved by the CDB. Revise. Met Applicant understands and will provide prior to permit issuance as a condition 6/24/05 & 5/5/05 - WW I have reviewed the submitted Unity of Title. Please pick up a new Unity of Title document from Planning to fill out. Include an Exhibit "A" that is a legal description of the entire property. Resubmit directly to me (not Building) prior to recording (so that it doesn't get date stamped in, etc.) 3/4/05 & 12/22/04 - WW Condition of Development Order for FLD2004-04023: "That a Unity of Title be recorded in the public records prior to the issuance of any permits." Submit Unity of Title for review prior to recording (or, if already recorded, submit recorded copy). Met 6/24/05 & 5/5/05 - WW Sheet E-2 - Unclear why the second floor electrical is included when the scope of work has been revised to only Floors 3-6. Revise. Explantion provided, revised Met 6/24/05 & 5/5/05 - WW Sheet E-5 - Unclear why there are individual meters being proposed, since this is an overnight accommodation use (not condos). Revise. Explanation, correction made Met Sheet C-1 - Unclear why in the letter dated April 1, 2005, from Patricia Stough it states "the site work and other modifications are no longer a part of this applications," but there are still changes being shown (new dumpster and chase). Revise. Met Sheets A-3 and A-4 - Unclear why the new closet on the balcony for Unit D for the washer/dryer isn't being constructed to the edge of the balcony and a portion of the railing removed. Advise/revise. Met Sheet A-6 - Unclear where door #7 (type IV - overhead) is being used on Floors 3-6. Advise or revise to "X" out. Met Plans indicate on Sheets A-2 and A-3 there are existing bay windows in two of the units in the middle of the building. However, based on photos, the bay windows do not appear to be existing but proposed. Advise/revise. r:\Forms\InfoSummary.rpt BCP2005-06826 • 445 HAMDEN DR Met 6/24/05 - WW Revise ALL sheets. 5/5/05 - WW All sheets - Plans and documents refer to Sea Stone Condominiums or Dockside Condominiums. This site has not been approved for condominiums, only an overnight accommodation use. Revise the name on all sheets and documents. May be redlined. Pages revised Met 6/24/05 & 5/5/05 - WW Revise the Notice of Commencement to the scope of work now proposed. Scope revised, Updated Notice provided Met Revise Energy Efficiency Code form to indicate "motel" rather than "multifamily" on all appropriate sheets. Met 6/24/05 & 5/5/05 - WW Unclear why there isn't a plumbing plan for Unit D, since a washer is being added. Also change "scope of work" on Sheet C-1 to reflect this additional plumbing. Scope revised Met Answered, revised Met 6/24/05 & 5/5/05 - WW Sheet 3/6 Fire Sprinkler Plans - Unclear why sprinklers are being added into the upper level of Unit K that is not part of the scope of work now requested. Advise/revise. Answered, revised Met 6/24/05 & 5/5/05 - WW Sheet 2/5 Fire Alarm Plan - Unclear why second floor and upper level of Unit K are included that is not part of the scope of work now requested. Advise/revise. Answered, revised Met 6/24/05 & 5/5/05 - WW Sheets 2 - 6 of 6 - Fire Sprinkler Plans - Unclear why the new washer/dryer room for Unit D's are not being provided with fire sprinklers. Advise/revise. Drawings updated Met Sheet S-1 - There has been a clouded note placed on Building B on 5/11/05 indicating 49 rooms. Does this mean 49 rooms today (existing) or 49 rooms after remodeling (proposed)? Plans indicate 31 rooms proposed after remodeling. ACTIVITIES Application received Electrical Review see conditions Done Date 1 Date 2 Date 3 Disp By 6/22/2005 DONE Ralph Rowe 6/22/2005 6/22/2005 7/12/2005 BJS Recorded NOC 6/23/2005 6/23/2005 DONE Jean Peeke DESCRIPTION IS "INTERIOR MODIFICATIONS & RENOVATION (REPAIR) OF EXIST HOTEL ROOMS TOP (5) FLOORS ONLY" (JMP) Fire Review 6/22/2005 6/27/2005 7/12/2005 DONE Steve Strong See conditions Building Review 6/22/2005 6/22/2005 DONE Jeff Walker Zoning Review 6/22/2005 6/24/2005 7/13/2005 6/24/05 - See conditions Reviewed and amended plans with applicant Mechanical Review 6/22/2005 6/22/2005 Plumbing Review Engineering Review Traffic Review see conditions Log-in Notes 6/22/2005 6/22/2005 6/22/2005 6/22/2005 6/22/2005 6/22/2005 6/27/2005 6/22/2005 case given new case number as of 6/22/2005 to reflect new scope of work. Log-in Notes 6/24/2005 RECEIVED FIRE COPY 6/24/2005 AND PLACED IN FIRE BIN Response to Comments 7/8/2005 7/14/2005 7/8/2005 PAGES E1 THRU E6 BROUGHT IN TO ADDRESS CONDITIONS DONE NCT DONE Jeff Walker DONE Jeff Walker DONE Don Melone DONE Janet McMahan DONE BJS (old case number bcp2004-09618) DONE BJS DONE Calvin Peterson r:\Forms\InfoSummary.rpt BCP2005-06826 445 HAMDEN DR Pick- Up Notification 7/15/2005 DONE BJS Log-in Notes 7/15/2005 DONE BJS sent pick up Pick - Up Notification 7/15/2005 DONE BJS Override - Parcel Holds 7/19/2005 BJS Override - Parcel Holds 7/19/2005 BJS Issue Placard 7/19/2005 DONE BJS 202*1st Rough - Electrical 7/29/2005 8/1/2005 7/29/2005 FAIL J_V Open p.rings & back to back boxes in rated walls 211 Wall Rough - Electrical 8/2/2005 8/3/2005 8/3/2005 PASS J_V Floors 5 & 6 only 211 Wall Rough - Electrical 8/5/2005 8/8/2005 8/8/2005 FAIL J_V No bath fans in units - 4th floor 211 Wall Rough - Electrical 8/10/2005 8/11/2005 8/11/2005 PASS J_V 4th floor only 405 Partial - Mechanical 8/15/2005 8/16/2005 8/17/2005 FAIL Tom Carrick need revised mech. drawings---provide firesafe detail for penetrations--need mounting detail for a/c stands PARTIAL ROUGH ON 6TH AND 5TH FLOORS ONLY- ECA. 302 2nd Rough - Plumbing 9/15/2005 9/16/2005 9/16/2005 PASS Tom Carrick 5&6fldwv Scheduled by IVR on Thursday, September 15, 2005 @ 3:27:00 PM.Contact: 723-8626 304 Tubset/Shower 9/27/2005 9/28/2005 9/28/2005 FAIL Tom Carrick fire safe all penetrations ---support cpvc at min 3" intervals w approved straps Scheduled by IVR on Tuesday, September 27, 2005 @ 3:40:53 PM.Contact: 723-8626 401 1 st Rough -Mechanical 9/27/2005 9/28/2005 9/28/2005 FAIL Tom Carrick fire safe penetrations of slab-- need nail plates at refrig lines Scheduled by IVR on Tuesday, September 27, 2005 @ 2:44:00 PM.Contact: (727)531-0188 304 Tubset/Shower 10/10/2005 10/11/200510/11/2005 COM Mike Coccia Scheduled by IVR on Monday, October 10, 2005 @ 12:43:41 PM.Contact: 723-8626 Tub/show set only 5th 6th floor - no inspection on rated penetrations. Need RFI from engineer regarding approved method UL rating. 401 1st Rough -Mechanical 10/11/2005 10/12/200510/12/2005 CANC Mike Coccia Scheduled by IVR on Tuesday, October 11, 2005 @ 4:28:11 PM.Contact: 531-0188 Not ready for inspection 304 Tubset/Shower 10/11/2005 10/12/200510/12/2005 COM Mike Coccia Scheduled by IVR on Tuesday, October 11, 2005 @ 2:35:20 PM.Contact: 723-8626 Pass/pending - tub/showers, Patti the Architect submitted fax stating PVC penetrations through concrete provide 1 hr rating. Requested specific information on sizing and testing before approval. 304 Tubset/Shower 1 0/1 2/2005 10/13/200510/13/2005 CANC Mike Coccia Scheduled by IVR on Wednesday, October 12, 2005 @ 11:43:30 AM.Contact: 723-8626 Canceled on site - met with Fulvio Divello (owner) on site. Informed him the building department spoke with Patti the Architect regarding floor/wall penetrations and UL testing and approved methods. She is researching the information and would submit ASAP. 401 1 st Rough -Mechanical 10/25/2005 10/26/200510/26/2005 FAIL Tom Carrick need paperwork for multiple pipe penetration 302 2nd Rough - Plumbing 10/26/2005 10/27/200510/27/2005 PASS Tom Carrick 3&4 fl dwv Scheduled by IVR on Wednesday, October 26, 2005 @ 3:31:14 PM.Contact: 723-8626 401 1st Rough -Mechanical 10/31/2005 11/1/2005 11/1/2005 PASS Tom Carrick 3 through 6th floor pending dryer venting info Scheduled by IVR on Monday, October 31, 2005 @ 3:31:12 PM.Contact: (727)804-6116 r:\Forms\lnfoSummary.rpt BCP2005-06826 445 HAMDEN DR 304 Tubset/Shower 10/31/2005 11/1/2005 11/1/2005 PASS Tom Carrick 4th floor Scheduled by IVR on Monday, October 31, 2005 @ 10:36:54 AM.Contact: 723-8626 107*Frame 11/1/2005 11/2/2005 11/2/2005 FAIL John Witkowski Scheduled by IVR on Tuesday, November 01, 2005 @ 4:35:48 PM.Contact: (727)804-6116 LOOKED AT 2 UNITS ON 6TH FLOOR WITH OWNER 1. METHODS OF PROTECTION OF THRU PENETRATIONS NEED TO BE VERIFIED FOR PROPER TESTING AND APPLICATION. SOME PENETRATIONS NOT PROTECTED AT ALL. 2. COMBUSTIVLES NOT PERMITTED IN TYPE 1 AND 2 CONSTRUCTION. 304 Tubset/Shower 11/15/2005 11/16/200511/17/2005 PASS Tom Carrick 3rd fl Scheduled by IVR on Tuesday, November 15, 2005 @ 12:51:46 PM.Contact: 723-8626 107*Frame 12/5/2005 12/6/2005 12/6/2005 FAIL John Witkowski Scheduled by IVR on Monday, December 05, 2005 @ 4:00:53 PM.Contact: (727)415-4711 MISSING OR IMPROPERLY DONE FIRE PROTECTION AT THRU PENETRATIONS. 530 Fire Other 12/5/2005 12/6/2005 12/5/2005 CNCL Scheduled by IVR on Monday, December 05, 2005 @ 3:54:58 PM.Contact: (727)415-4711 107*Frame 12/7/2005 12/8/2005 12/8/2005 PASS John Witkowski Scheduled by IVR on Wednesday, December 07, 2005 @ 3:25:06 PM.Contact: (727)415-4711 6th floor units only 301 1 st Rough -Plumbing 12/8/2005 12/9/2005 12/9/2005 PASS Tom Carrick owner's suite Scheduled by IVR on Thursday, December 08, 2005 @ 3:54:32 PM.Contact: 723-8626 107*Frame 12/9/2005 12/12/200512/12/2005 PASS John Witkowski Scheduled by IVR on Friday, December 09, 2005 @ 5:02:09 PM.Contact: (727)415-4711 5TH FLOOR 109*Drywall-Screw/Nailing 12/13/2005 12/14/200512/14/2005 FAIL John Witkowski Scheduled by IVR on Tuesday, December 13, 2005 @ 3:22:23 PM.Contact: (727)415-4711 6TH FLOOR, PARTY WALLS, DRYWALL IS NOT CONTINUOUS AND VOIDS NOT PORTECTED PROPERLY WALKED WITH OWNER AND SUPER 107*Frame 12/13/2005 12/14/200512/13/2005 CNCL Scheduled by IVR on Tuesday, December 13, 2005 @ 3:14:09 PM.Contact: (727)415-4711 109*Drywall-Screw/Nailing 12/14/2005 12/15/200512/15/2005 FAIL John Witkowski Scheduled by IVR on Wednesday, December 14, 2005 @ 3:00:41 PM.Contact: (727)415-4711 6TH FLOOR RATED WALL INSP INTERSECTING WALLS COVERED AND UNABLE TO ISNPECT PENETRATIONS 3RD NOTICE THIS HAS BEEN GONE OVER IN GREAT DETAIL SEVERAL TIMES PRIOR TO THIS INSP. 301 1 st Rough -Plumbing 1 2/1 6/2005 12/19/200512/19/2005 PASS Tom Carrick Scheduled by IVR on Friday, December 16, 2005 @ 9:05:23 AM.Contact: 723-8626 109*Drywall-Screw/Nailing 12/21/2005 12/22/200512/22/2005 PASS John Witkowski Scheduled by IVR on Wednesday, December 21, 2005 @ 9:23:53 AM.Contact: 415-4711 6TH FLOOR UNITS OK LESS THE NORTHERN MOST UNIT. ELEC. NOT COMPLETE AND V OIDS IN BLOCK SHAFT NOT FILLED. 109*Drywall-Screw/Nailing 12/22/200512/23/200512/22/2005 CNCL Scheduled by IVR on Thursday, December 22, 2005 @ 12:24:27 PM.Contact: 415-4711 222 Fire Alarm Electrical Insp 12/27/2005 12/28/200512/28/2005 PASS J_V Rough OK 202*1st Rough - Electrical 12/27/2005 12/28/200512/28/2005 PASS J_V Floors 2 & 3 109*Drywall-Screw/Nailing 1/4/2006 1/5/2006 1/5/2006 PASS John Witkowski Scheduled by IVR on Wednesday, January 04, 2006 @ 4:18:05 PM.Contact: 415-4711 5TH FLOOR UNITS 107*Frame 1/5/2006 1/6/2006 1/5/2006 PASS John Witkowski 4TH FLOOR UNITS LESS NORTH END UNIT. 107*Frame 1/9/2006 1/10/2006 1/10/2006 COM Robbie Ackerman Scheduled by IVR on Monday, January 09, 2006 @ 2:30:52 PM.Contact: 415-4711( MEET WITH CONTR. ON JOB SITE TWO SMALL RATED WALLS ONLY ON THE 3TH FLOOR NORTH SIDE.) 107*Frame 1/11/2006 1/12/2006 1/12/2006 PASS John Witkowski Scheduled by IVR on Wednesday, January 11, 2006 @ 3:57:43 PM.Contact: 415-4711 3RD FLOOR LESS COMMON AREAS r:\Forms\lnfoSummary.rpt BCP2005-06826 445 HAMDEN DR C] • 109*Drywall-Screw/Nailing 1/29/2006 1/30/2006 1/30/2006 PASS John Witkowski Scheduled by IVR on Sunday, January 29, 2006 @ 7:30:44 AM.Contact: 415-4711 4T FLOOR UNITS 107"Frame 1/31/2006 2/1/2006 2/1/2006 FAIL John Witkowski Scheduled by IVR on Tuesday, January 31, 2006 @ 2:05:28 PM.Contact: 415-4711 2ND AND 3RD FLOOR CENTER AREA. NO PLANS MISSING ALMOST ALL FRAMING DETAILS, DIFFERENT RATED ASSEMBLIES, ASSEMBLIES INCOMPLETE. NOT READY FOR INSPECTION NEED ALL MEP INSP PRIOR TO FRAME OWNER REP AWARE OF SAME 401 1 st Rough -Mechanical 2/6/2006 2/7/2006 2/7/2006 PASS Tom Carrick Scheduled by IVR on Monday, February 06, 2006 @ 2:05:07 PM.Contact: 531-0188 302 2nd Rough - Plumbing 2/8/2006 2/9/2006 2/9/2006 PASS Tom Carrick Scheduled by IVR on Wednesday, February 08, 2006 @ 4:40:04 PM.Contact: (727)723-8626 301 1 st Rough -Plumbing 2/8/2006 2/9/2006 2/9/2006 PASS Tom Carrick Scheduled by IVR on Wednesday, February 08, 2006 @ 4:39:09 PM.Contact: (727)723-8626 302 2nd Rough - Plumbing 2/9/2006 2/10/2006 2/10/2006 PASS Tom Carrick Scheduled by IVR on Thursday, February 09, 2006 @ 2:00:05 PM.Contact: 723-8626 109*Drywall-Screw/Nailing 2/9/2006 2/10/2006 2/10/2006 PASS John Witkowski Scheduled by IVR on Thursday, February 09, 2006 @ 1:23:44 PM.Contact: 415-4711 3RD FLOOR UNITS 301 1 st Rough -Plumbing 2/9/2006 2/10/2006 2/10/2006 PASS Tom Carrick Scheduled by IVR on Thursday, February 09, 2006 @ 1:59:33 PM.Contact: 723-8626 221 Underground Electric 2/10/2006 2/13/2006 2/13/2006 PASS DGN REQUESTED BY CONTRACTOR (JMP) 301 1st Rough -Plumbing 2/23/2006 2/24/2006 2/24/2006 PASS Tom Carrick Scheduled by IVR on Thursday, February 23, 2006 @ 1:07:55 PM.Contact: 723-8626 302 2nd Rough - Plumbing 2/23/2006 2/24/2006 2/24/2006 PASS Tom Carrick Scheduled by IVR on Thursday, February 23, 2006 @ 1:07:19 PM.Contact: 723-8626 107*Frame 2/28/2006 3/1/2006 3/1/2006 COM John Witkowski Scheduled by IVR on Tuesday, February 28, 2006 @ 11:29:44 AM.Contact: 415-4711 COURTESY WALK 2ND FLOOR PENETRATIONS IN RATED WALLS NOT DONE, COVERED OR MISSING 107*Frame 3/6/2006 3/7/2006 3/7/2006 FRE1 John Witkowski Scheduled by IVR on Monday, March 06, 2006 @ 12:30:39 PM.Contact: 415-47111 PARTIAL INSP ONLY VIOLATIONS TOO NUMEROUS 1. ANGLE WALLS AT CEILING DECK, NOT FIRE PROTECTED OR INCOMPLETE. 2. PVC PIPES GREATER THAN 2" THRU RATED WALLS NEED TESTED METHODS OF PROTECTION 3. ALL STAIR TOWERS, NOT FRAMED/1 ST LAYERED AS A 2HR. WALL AND PROTECTED. 4. VERIFY TYPE OF RATED MECCHANICAL SHAFT WALLS AND GET READY FOR 1 ST FRAME INSPECTION 5. VERIFY LOCATIONS OF US 492 AND UL 493 AND READY FOR 1ST FRAME INSPECTION 6. MISSING DRYWALL BEHIND TUB/RATED WALL 7. MULTI LAYER SHAFT WALL CORNERS MUS BE STAGGERED/SHIP LAPPED. Red Tag 3/7/2006 3/8/2006 DONE R_D RIKLYN CONSTRUCTION INC 305 Final - Plumbing 3/8/2006 3/9/2006 3/9/2006 6th fl. model Scheduled by IVR on Wednesday, March 08, 2006 @ 1:27:41 PM.Contact: 723-8626 Red Tag CLEARED 3/8/2006 404 Final - Mechanical 3/9/2006 3/10/2006 3/9/2006 6th fl model 107*Frame 3/17/2006 3/20/2006 3/20/2006 Scheduled by IVR on Friday, March 17, 2006 @ 9:21:02 AM.Contact: 415-4711 1. 2ND FLOOR- 4 UNITS PVC PENETRATIONS NOT PORTECTED NUMEROUS LOCATIONS 2. NO STAIR 2 HR. WALLS INCOMPLETE 3RD NOTICE COM Tom Carrick DONE R_D COM Tom Carrick FAIL John Witkowski r:\Forms\lnfoSummary.rpt B'CP2005-06826 445 HAMDEN DR 107*Frame 3/24/2006 3/27/2006 3/27/2006 Scheduled by IVR on Friday, March 24, 2006 @ 3:28:06 PM.Contact: 415-4711 UNITS 201 THRU 206 109*Drywall-Screw/Nailing 4/18/2006 4/19/2006 4/19/2006 Scheduled by IVR on Tuesday, April 18, 2006 @ 1:50:10 PM.Contact: 415-4711 UNITS 203 THRU 206 107*Frame 4/19/2006 4/20/2006 4/19/2006 K UNIT 109*Drywall-Screw/Nailing 5/8/2006 5/9/2006 5/9/2006 Scheduled by IVR on Monday, May 08, 2006 @ 10:40:55 AM.Contact: 415-4711 UNITS 101 AND 102 AND K-UNIT 205*Temporary Electric 6/10/2006 6/12/2006 6/12/2006 Need posts for protection of service conduits 205*Temporary Electric 6/17/2006 6/19/2006 6/19/2006 Service OK 204*Final - Electrical 6/19/2006 6/20/2006 6/20/2006 No contact on site. Could not make insp. 350 1 st Rough - Gas 6/26/2006 6/27/2006 6/27/2006 Scheduled by IVR on Monday, June 26, 2006 @ 12:46:21 PM.Contact: 723-8626 (Wrong inspection called in by contractor) 204*Final - Electrical 6/27/2006 6/28/2006 6/28/2006 Unit 601 310 Partial - Plumbing 6/27/2006 6/28/2006 6/27/2006 (6th floor only) Progress Energy Release 6/28/2006 Heidi @ 2:15 pm for unit 601 404 Final - Mechanical 7/7/2006 7/10/2006 7/10/2006 Scheduled by IVR on Friday, July 07, 2006 @ 5:12:06 PM.Contact: 531-0188 Final mech on 5th & 6th Floors only 204*Final - Electrical 7/10/2006 7/11/2006 7/11/2006 6th floor 305 Final - Plumbing 7/21/2006 7/24/2006 7/25/2006 5th fl final Scheduled by IVR on Friday, July 21, 2006 @ 4:50:21 PM.Contact: 723-8626 404 Final - Mechanical 7/23/2006 7/24/2006 7/24/2006 3rd floor except units 304 and center unit 4th floor O.K. 204*Final - Electrical 7/24/2006 7/25/2006 7/25/2006 Units 501 - 506 404 Final - Mechanical 8/5/2006 8/7/2006 8/7/2006 Scheduled by IVR on Saturday, August 05, 2006 @ 12:23:06 PM.Contact: 441-1722 Final mechancial 3 & 4th floors only -Includes unit-K 204*Final - Electrical 8/7/2006 8/8/2006 8/8/2006 4th floor units 401-406 OK for final 305 Final - Plumbing 8/7/2006 8/7/2006 8/7/2006 Final Plumbing done on 3 & 4th floors - except unit K 204*Final - Electrical 8/10/2006 8/11/2006 8/11/2006 Units 301 - 306 PASS PASS PASS PASS FAIL PASS FAIL CANC PASS PASS DONE COM PASS COM PASS PASS COM PASS PASS PASS John Witkowski John Witkowski John Witkowski John Witkowski J _V J _V J _V Mike Coccia J _V Mike Coccia J _V Mike Coccia J _V Tom Carrick DGN J _V Mike Coccia DGN Mike Coccia J _V r:\Forms\lnfoSummary.rpt r File Edit Options Window Help V In 0 0 A e Exit Now Open Task List OBE GIS People Fees Valuation Conditions Close Edit Project Group Add Clone Parcel Activity Case Notec Tags Documents GIS Case : r r r r - m : I -11731 A Name: RICHARD P JOHNSTON Updated: 7/11/2006 MAL Atlas General Address: 446 HAMDEN DR Mast er# 13 CP505-06 82G 2764 PRJ# BCP2005-068264 'Project:SETUNESUITES RENOVATION Ga?2' Description: PLAN AMENDMENT: "MODIFY MECH DUCTWORK UTILIZING FLEX DUCT; _ - SUBMIT UL APPROVED PENETRATIONS WITH (1) HR FLOOR Type of Work Tye of Permit: Inspector Comments: Plan Amendment, Residential/Commerial: Commercial Existin Use: Hotel Proposed Use: Hotel Units: Stories: Census: Bin # F?' _ 437; FILE JA Fence Permit Dates Date Received: B 020005 Rcrw Target Date 9111,/2005 Comments Sent Date: 904,/2005 Zoning .... - Date Issued -- - Tree Date Finaled:? Date Expired: -- -- - _-- ' Dlrectlons ;Start ?Inbox -Microsoft Outlook E Inactive or Finished k li... Forms and Shell Dacumen.." QTidemark Advantage `al ?' 11;37 AM PP [.•- rrs rr? $r'w r4. CITY OF CLEARWATER PLANNING AND DEVELOPMENT SERVICES Q`MUNICIPAL SERVICES BUILDING , 100 SOUTH MYRTLE AVE. CLEARWATER, FLORIDA 33756 PHONE (727) 562-4567 FAX (727) 562-4576 CASE SUMMARY BCP2005-06826A 445 HAMDEN DR SEASTONE SUITES RENOVATION PLAN AMENDMENT: "MODIFY MECH DUCTWORK UTILIZING FLEX DUCT; SUBMIT UL APPROVED PENETRATIONS WITH (1) HR FLOOR ASSEMBLIES; EXIST PLUMB PENETRATION REMAIN W/CRACKS OR OPENINGS FIRE CAULKED PER ATTACHED DETAILS" PEOPLE Role: Owner/Property DI VELLO LAND TRUST 400 ISLAND WAY # 703 CLEARWATER, FL 33767 Co - Owner FULVIO DI VELLO THE 400 ISLAND WAY # 703 CLEARWATER, FL 33767 Contractor RICHARD P JOHNSTON RIKLYN CONSTRUCTION INC 5633 FILED SPRING AVE NEW PORT RICHEY, FL 34655 FEES Assessed Amount Amount Paid Plan Amend-Review Fee/hr $53.00 $53.00 Total $53.00 $53.00 ACTIVITIES Date 1 Date 2 Date 3 Application received 8/22/2005 Fire Review 8/22/2005 Mechanical Review 8/22/2005 9/24/2005 PHONE: 727-804-6116 FAX: No Fax PHONE: 727-804-6116 FAX: No Fax PHONE: 727-375-1733 FAX: 727-375-1733 Balance Due $0.00 $0.00 Done Disp By Jean Peeke DONE LR DONE Neil Legters Response to Comments 9/12/2005 9/16/2005 9/12/2005 DONE C_O RECEIVED MECHANICAL REVISION (C_0)9/12/2005 PLACED IN FILE. Pick - Up Notification 9/24/2005 DONE C_O LETTER SENT 9/24/05 DIRT Review 9/24/2005 9/24/2005 DONE C_O NEED TO UPDATE LICENSE INFORMATION, (OCL FROM NEW PORT RICHEY), TO BE ABLE TO P/U PERMIT 9/24/05 Log-in Notes 10/28/2005 C_O P/U LETTER SENT 9/24/05 rAForms\InfoSummary.rpt BCP2005-06826A • 445 HAMDEN DR 5 Month Letter 7/11/2006 DONE MAL r:\Forms\InfoSummary.rpt File Edit Options Window Help V In 0 Exit New Open Task List QBE GIs D I_ I S?1L ?"J ?` Clove Edit Project Group Add Clone Parcel Activity People Feez Valuation Condition: Cave Notes Tag. Document: GIs Cave -101 X1 Name: RICHARD P JOHNSTON Updated: 709/2006 MAL Atlas cenerai Address: 445 HAMDEN DR Master#113CP2005-0G8261i 276A `PRJ# BCP2005-06826C .Project: SEASTt R SUITES General 2 Description; REMOVE EXISTING LANDSCAPE PLANTINGS DUE TO AGE AND FPPERANCE AND REPLANT NEW Type of Work Type of Permit: Inspector Comments: Fence Plan Amendment Permit Dates Residential/Commerial: Date Received: r 7 2800061 ROW Commercial Target Date: 8080006; Existin Use: .j Comments Sent Date: -honing pt, Condo ---- Proposed Use: Date Issued: pt Condo _ u Date Finaled: Tree Units: Stories: Census Bin # Date Expired I 434`, G-4 Directions 21 11 l P eady Tidemark Advantage 11:38 AM I[I 'Start ( I, OInbox - Microsoft Outlook Inactive or Finished Appli... I Forms and Shell Documen... .400'?e- CITY OF CLEARWATER PLANNING AND DEVELOPMENT SERVICES MUNICIPAL SERVICES BUILDING 100 SOUTH MYRTLE AVE. CLEARWATER, FLORIDA 33756 PHONE (727) 562-4567 FAX (727) 562-4576 CASE SUMMARY . S ?'?j BCP2005-06826C C- 445 HAMDEN DR SEASTONE SUITES REMOVE EXISTING LANDSCAPE PLANTINGS DUE TO AGE AND APPERANCE AND REPLANT NEW PEOPLE Role: Owner/Property DI VELLO LAND TRUST 400 ISLAND WAY # 703 CLEARWATER, FL 33767 Contractor RICHARD P JOHNSTON RIKLYN CONSTRUCTION INC 5633 FILED SPRING AVE NEW PORT RICHEY, FL 34655 Co - Owner FULVIO DI VELLO THE 400 ISLAND WAY # 703 CLEARWATER, FL 33767 FEES Assessed Amount $0.00 Total $0.00 PHONE: 727-804-6116 FAX: No Fax PHONE: 727-375-1733 FAX: 727-375-1733 PHONE: No Phone FAX: No Fax Amount Paid Balance Due $0.00 $0.00 $0.00 $0.00 CONDITIONS All conditions must be met before a permit can be issued. Land Resource Review Not Met Preserve ALL trees rated #3 or better on the tree inventory prepared by Alan Mayberry dated 7/12/05. Revise and resubmit plans. Not Met Apply for a Tree Removal permit. ACTIVITIES Application received Engineering Review Fire Review Date 1 Date 2 Date 3 7/28/2006 7/28/2006 7/28/2006 7/28/2006 7/31/2006 Done Disp By CAK DONE Don Melone DONE LR rAForms\InfoSummary.rpt 1BY;4.-#P2O-06826C 445 HAMDEN DR Land Resource Review See Conditions. • 7/28/2006 8/3/2006 DIRT Review 7/28/2006 Signature on application does not have authority to pull permits/ p/u Landscape Review 8/3/2006 0 HOLD Rick Albee HOLD r:\Forms\lnfoSummary.rpt File Edit Options Window Help Exit New Open Task List GBE GIs " O L•J 47 ® C? "7E31 Cl i ?* Close Edit Project Group Add Clone Parcel Activity People Fee. Valuation Conditions Case Notes Tag. Documents GIS Case - r r r r .. Cx+ i ! 1 1 1 I?? .?J7 Name: RICHARD P JOHNSTON Updated: 10!4/2005 C _O Atlas General Address: 445 HAMDEN DR Master# BCP20Q5-10012 27EA PRJ# BCP2005-10042 Proiect: DOCKSIDE CONDO General2 Description: , REIv O"-,/E VIN'r`L SIDING AND APPLY STUCCO TO EXTERIOR OF BLDG Type of )Aeork Type of Permit: Inspector Comments: Fence Remodel Permit Dates Residential/Commerial: Date Received: 10/4/2005 ROW Commercial ? Target Date: 10/25/2005 Existing Use: Zoning Comments Sent Date: pt, Condo Proposed Use: Date Issued: 10/10/2005 _ pt, Condo Date Finaled: Tree Units: Stories: Census Bin # 4/8/20p6 D t E i d -- _ .4371 FILE - a e xp re : Directions l R eady j Start P I F` ' ®Inbox - Microsoft Outlook I ES11nactive or Finished Appli_. EA' Forms and Shell Documen... REITidernark Advantage ... ?17 ) _ 11:43 AM CITY OF CLEARWATER PLANNING AND DEVELOPMENT SERVICES MUNICIPAL SERVICES BUILDING 100 SOUTH MYRTLE AVE. CLEARWATER, FLORIDA 33756 PHONE (727) 562-4567 FAX (727) 562-4576 CASE SUMMARY BCP2005-08014 445 HAMDEN DR DOCKSIDE CONDOS / SEASTONE SUI INSTALL NEW FIRE ALARM SYSTEM PEOPLE Role: Owner/Property Co - Owner Contractor FEES Permit Fee Plans Review Fee ACTIVITIES Application received DI VELLO LAND TRUST 400 ISLAND WAY # 703 CLEARWATER, FL 33767 FULVIO DI VELLO THE 400 ISLAND WAY # 703 CLEARWATER, FL 33767 ROBERT J SHANNON S A I INC 2595 24TH AVE N ST PETERSBURG, FL 33713 Assessed Amount $120.00 $90.80 Total $210.80 Date 1 Date 2 PHONE: 727-323-4300 FAX: No Fax PHONE: No Phone FAX: No Fax PHONE: (727) 323-4300 FAX: No Fax Amount Paid Balance Due $120.00 $0.00 $90.80 $0.00 $210.80 $0.00 Date 3 8/1/2005 Done Disp By CAK Recorded NOC 8/1/2005 DONE CAK SEE BCP2005-06826 FOR NOC Fire Review 8/1/2005 8/2/2005 DONE LR Reviewed & approved. Alarm must have 75 db in bedrooms at pillow level to pass inspection or additional devices will be required. NFPA 72, 7.4.4.1 Pick - Up Notification 8/4/2005 DONE BJS Log-in Notes 8/4/2005 DONE BJS PICK UP SENT Override - Parcel Holds 8/25/2005 C_O Override - Parcel Holds 8/25/2005 C_O ?U n? I rAForms\InfoSummary.rpt BGP2005-08014 ? . 445 HAMDEN DR Override - Parcel Holds 8/25/2005 C_O Issue Placard 8/25/2005 DONE Lien Letter Sent 9/2/2005 Permit Expiration Letter Sent 1/17/2006 Expired on 21-FEB-2006 2/21/2006 DONE Override - Parcel Holds 6/5/2006 CRM Override - Parcel Holds 6/5/2006 CRM Override - Parcel Holds 6/5/2006 CRM EXTEND EXPIRATION DATE 6/5/2006 DONE KAW r:\Forms\I nfoSu mmary.rpt File Edit Options Window Help -h9J--• t' V ?Q 0 2 Exit New Open Tack List QBE GIs 3 2 0 ? #:r Clo-,e Edit Project Group Add Clone Parcel Activity People Fee,- Valuation Conditionc Cave Notes Tag-, Document. GIs Cace Name: RICHARD P JOHNSTON Updated: 10/412005 C 0 Atlas General Address: 445 HAMDEN DR Master## BCP2005-10012 276A a PRJ# BCP2005-10042 "Project [tOCKSIDE CONDO General e Description: REMOVE'V115J'r'L SIDING AND APPLY STUCCO TO EXTERIOR OF BLDG Type of - Work, F Type of Pprrnit: Inspector Comments: Fence Remodel Permit Dates Residential/Comrnerial: Date Received: 10/412005 Commercial Target Date: 10125/2005 Existin Use: Comments Sent Date: y Zoning pt, Cando Proposed Use: Date Issued: 10110120051 pt, Condo Date Finaled: r Tree Units: Stories: Census- Bin # Date Expired: 4/812006 43T,! FILE directions Ready P Start ! l Inbox - Microsoft Outlook Inactive or Finished A li... Forms and Shell Documen,,. Tidemark Advantage ... ??., - 11:43 AM I u` - J 'fir -- 51 pp ?p I l wi • +'CITY OF CLEARWATER PLANNING AND DEVELOPMENT SERVICES MUNICIPAL SERVICES BUILDING 100 SOUTH MYRTLE AVE. CLEARWATER, FLORIDA 33756 PHONE (727) 562-4567 FAX (727) 562-4576 CASE SUMMARY I j 3vp/ , BCP2005-10042 4e'? ?S 445 HAMDEN DR J ?( fnb DOCKSIDE CONDO G-? REMOVE VINYL SIDING AND APPLY STUCCO TO EXTERIOR OF BLDG PEOPLE Role: Owner/Property Co - Owner Contractor FEES Permit Fee Plans Review Fee CONDITIONS DI VELLO LAND TRUST 400 ISLAND WAY # 703 CLEARWATER, FL 33767 FULVIO DI VELLO THE 400 ISLAND WAY # 703 CLEARWATER, FL 33767 RICHARD P JOHNSTON RIKLYN CONSTRUCTION INC 5633 FILED SPRING AVE NEW PORT RICHEY, FL 34655 Assessed Amount $170.75 $118.10 Total $288.85 PHONE: 727-804-6116 FAX: No Fax PHONE: 727-804-6116 FAX: No Fax PHONE: 727-375-1733 FAX: 727-375-1733 Amount Paid Balance Due $170.75 $0.00 $118.10 $0.00 $288.85 $0.00 All conditions must be met before a permit can be issued. MISC - General Met NEED RECORDED NOTICE OF COMMENCEMENT PRIOR TO ISSUSANCE OF PERMIT Met NEED NOTARIZED LETTER OF AUTHORIZATION FROM LICENSE HOLDER NOTING INDIVIDUAL(S) AUTHORIZED TO PULL PERMITS IF ISSUED TO OTHER THAN LICENSE HOLDER ACTIVITIES Application received Zoning Review Date 1 Date 2 Date 3 10/4/2005 10/4/2005 10/7/2005 Done Disp By Jean Peeke DONE WW r:\Form s\InfoSummary.rpt BGP2005.10042 445 HAMDEN DR Building Review 10/4/2005 10/4/2005 10/4/2005 DONE Tom Chaplinsky Recorded NOC 10/5/2005 10/5/2005 DONE CAK DIRT Review 10/4/2005 10/5/2005 10/5/2005 DONE CAK SEE CONDITIONS Pick - Up Notification 10/7/2005 DONE C_O FAXED 10/7/05 Override - Parcel Holds 10/10/2005 MAL Override - Parcel Holds 10/10/2005 MAL Override - Parcel Holds 10/10/2005 MAL Issue Placard 10/10/2005 DONE MAL 110*Final 10/10/2005 10/11/200510/11/2005 FAIL John Witkowski STUCCO COMPLETED WITHOUT REQUESTING OR OBTAINING LATH INSP. TRIED TO CALL CONTR THIS AM BUT IT WOULD NOT ACCEPT MY CALL AND I LEFT MSG. TRIED TO CALL AGAIN THIS PM. WOULD NOT ACCEPT CALL, LFT MSG WITH CALL INTERCEPT. STILL WOULD NOT ACCEPT MESSAGE. FAX SQUEEL KEPT COMING ON. 130*Lathing for Stucco 10/26/2005 10/27/2005 FAIL Stucco appears to be done, no one in manager office, no permit posted. JB 130*Lathing for Stucco 10/31/2005 11/1/2005 11/1/2005 FAIL John Witkowski PEOPLE CAN BE LOCATED ATSEASTONE RESORT NEXT DOOR ON CORNER THIS INSPECTION WILL BE DONE AT THE TIME OF FRAME INSP. I HAVE ALREADY NOTIFIED CON TR WEEKS AGO OF THIS. THIS IS NOT A SEPARATE INSPECTION IN THIS PATICULAR CASE. Permit Expiration Letter Sent 3/20/2006 Expired on 08-APR-2006 4/8/2006 DONE r:\Forms\InfoSummary.rpt 0 0 Wells, Wayne From: Patricia Stough [parch@gate.net] Sent: Saturday, October 08, 2005 12:04 PM To: Wells, Wayne; Delk, Michael; Garriott, Kevin; Thompson, Neil Subject: Re: 445 Hamden THANK Page 1 of 2 Youl 11 Patti Patti the Architect, Inc 1634 San Roy Drive Dunedin, FI 34698 (727)733-3769 On Oct 7, 2005, at 8:36 AM, Patricia Stough wrote: Dear Gentlemen, Last October this building was hit by a Hurricane. The building department assisted us in a rapid response to permit the dry and and subsequent repairs and replacement of the roof. All interior walls were water damaged and need to be replaced. We are in the midst of that work at this time. Thanks to the BUILDING Department's common sense approach. We were also told that the replacement of the deteriorated and damaged vinyl siding did not need permitting. We proceeded on this determination (which is clarified on the web site,a s an item not needing permitting). This Past Week John Witkowski, due to the magnitude of the stucco area, requested that we apply for a permit. We immediately responded to his request, and the BUILDING department, immediately reviewed the plans, to keep progress going. IN the course of malting submittal, Mr Wells, decided that planning needs to review the 10/9/2005 41 0 Page 2 of 2 plans. The plans have been approved by DRC, and CDB. He has not yet reviewed our submittal, and is probably in a quandary on if this is Dockside or Seastone, and how many more hoops can he make us jump thru before planning approval is giving. The ONLY reason it took MORE THAN 6 months on our "emergency" permit, was the PLANNING department pettiness of revising title blocks etc. We respectfully request you help in allowing Mr Divello to continue making this building what the CDB intended it to be... The city is requesting the release of ROW at the intersection of Coronado and Gulf blvd. (Earl Barrett) Please do not make us play games and hold up this ROW request (for $1.00), when you are costing the owner thousands of dollars each day... I did not want to write this. However, I know the Panning Department is very busy, and we simply cannot wait another week to be told we need to submit revised drawings further information etc.. Please approve the stucco submittal, as it is a separate permit. Thank you... Patti Patti the Architect, Inc 1634 San Roy Drive Dunedin, FI 34698 (727)733-3769 10/9/2005 y • • Page 1 of 2 Wells, Wayne From: Patricia Stough [parch@gate.net] Sent: Friday, October 07, 2005 8:37 AM To: Wells, Wayne; Thompson, Neil; Delk, Michael; Kevin Garriott Subject: 445 Hamden Dear Gentlemen, Last October this building was hit by a Hurricane. The building department assisted us in a rapid response to permit the dry and and subsequent repairs and replacement of the roof. All interior walls were water damaged and need to be replaced. We are in the midst of that work at this time. Thanks to the BUILDING Department's common sense approach. We were also told that the replacement of the deteriorated and damaged vinyl siding did not need permitting. We proceeded on this determination (which is clarified on the web site,a s an item not needing permitting). This Past Week John Witkowski, due to the magnitude of the stucco area, requested that we apply for a permit. We immediately responded to his request, and the BUILDING department, immediately reviewed the plans, to keep progress going. IN the course of making submittal, Mr Wells, decided that planning needs to review the plans. The plans have been approved by DRC, and CDB. He has not yet reviewed our submittal, and is probably in a quandary on if this is Dockside or Seastone, and how many more hoops can he make us jump thru before planning approval is giving. The ONLY reason it took MORE THAN 6 months on our "emergency" permit, was the PLANNING department pettiness of revising title blocks etc. We respectfully request you help in allowing Mr Divello to continue making this building what the CDB intended it to be... The city is requesting the release of ROW at the intersection of Coronado and Gulf blvd. (Earl Barrett) Please do not make us play games and hold up this ROW request (for $1.00), when you are costing the owner thousands of dollars each day... I did not want to write this. However, I know the Panning Department is very busy, and we simply cannot wait another week to be told we need to submit revised drawings further information etc.. Please approve the stucco submittal, as it is a separate permit...... Thank you... Patti 10/9/2005 0 • Page 2 of 2 Patti the Architect, Inc 1634 San Roy Drive Dunedin, FI 34698 (727)733-3769 10/9/2005 • CITY OF CLEARWATER PLANNING DEPARTMENT POST OFFICE Box 4748, CLEARWATER, FLORIDA 33758-4748 MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756 TELEPHONE (727) 562-4567 FAX (727) 562-4865 LONG RANGE PLANNING DEVELOPMENT REVIEW August 22, 2005 Mr. Housh Ghovaee Northside Engineering Services Inc. 601 Cleveland Street, Suite # 930 Clearwater, Florida 33755 RE: Development Order - Case No. FLD2005-05051 - 445 Hamden Drive and 504 South Gulfview Boulevard Dear Mr. Ghovaee: This letter constitutes a Development Order pursuant to Section 4-206.D.6 of the Community Development Code. On August 16, 2005, the Community Development Board reviewed your request for (1) Termination of Status of Nonconformity for density (111 overnight accommodation units existing to be converted to 83 dwelling units, where 53 dwelling units are permitted today), under the provisions of Section 6-109; and (2) Flexible Development approval to permit 83 attached dwellings with reductions to the front (south along S. Gulfview Blvd.) setback from 15 feet to 10 feet (to pavement) and from 15 feet to zero feet (to trash staging area), reductions to the front (west along Hamden Drive) from 15 feet to 12.5 feet (to building and proposed pavement), from 15 feet to five feet (to existing pavement) and from 15 feet to zero feet (to trash staging area), reductions to the side (north) from 10 feet to three feet (to existing pavement) and from 10 feet to zero feet (to existing pool deck), an increase to building height from 35 feet to 100 feet (to roof deck) with an additional seven feet for perimeter parapets (from roof deck) and an additional 22.5 feet for elevator and stair towers (from roof deck) and a deviation to allow direct access to an arterial street, as a Comprehensive Infill Redevelopment Project, under the provisions of Section 2-803.C. 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 to Terminate the Status of Nonconformity for density per Section 6-109.C. 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 development is consistent and compatible with the surrounding area. Conditions of Approval: 1. That the final design and color of the buildings be consistent with the conceptual elevations submitted to, or as modified by, the CDB; 2. That a Unity of Title be recorded in the public records prior to the issuance of any permits; FRANK HIBBARD, MAYOR BILE. JONSON, VICE-MAYOR JOHN DORAN, COUNCILMFMBP.R HOYT HAMILTON, COUNCILMEMBER ® CARLFN A. PETERSEN, COUNCIL MFMBER "EQUAL EMPLOYMENT AND AmRMATIVF. ACTION EMPLOYER" S 1 0 0 August 22, 2005 Ghovaee - Page 2 3. That, prior to the issuance of the building permit for the new, southern building, building plans be revised to indicate the height of the elevator and stair towers a maximum of 16 feet above the roof deck; 4. That, prior to the issuance of any permits, cross sections of the stormwater treatment pond and revised drainage calculations demonstrating compliance with City Design Criteria be submitted, acceptable to the Engineering Department, and include the SWFWMD permit; 5. That boats moored at the existing dock, lifts and/or slips be for the exclusive use by the residents and/or guests of the condominiums and not be permitted to be sub-leased separately from the condominiums; 6. That hedges and other landscaping (not including trees) on the northern portion of the site be maintained to a maximum height of three feet to provide continued views of the water by adjacent property owners and tenants/guests. Landscape materials along the north and east sides of the property shall be of a type that minimizes insect and maintenance debris impacts on the neighbor to the north. Landscape plans shall show compliance with these requirements prior to the issuance of building permits for the relocated units/rooms in the northern building (Building B); 7. That revised site and landscape plans be submitted showing all landscaped areas protected from vehicular traffic by curbing and wheel stops, including the existing northern parking area, prior to the issuance of any permits; 8. That the landscape plan be revised prior to the issuance of any permits to indicate landscaping of that area at the intersection between the rights-of-way lines and the main sidewalk from the new southern building; 9. That future signage meet the requirements of the Code and any freestanding sign be a monument- style sign a maximum four feet in height, designed to match the exterior materials and colors of the building. Prior to the issuance of the first Certificate of Occupancy in the northern building, existing signage must be brought into compliance with current Code requirements; 10. That all applicable requirements of Chapter 39 of the Building Code be met related to seawall setbacks; 11. That all proposed utilities (from the right-of-way to the proposed buildings) be placed underground; 12. That a condominium plat be recorded prior to the issuance of the first Certificate of Occupancy; 13. That all Parks and Recreation fees be paid prior to the issuance of any permits; and 14. That all Fire Department requirements be met prior to the issuance of any permits. Pursuant to Section 4-407, an application for a building permit shall be made within one year of Flexible Development approval (August 16, 2006). All required certificates of occupancy shall be obtained within one 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. • • ?i. August 22, 2005 Ghovaee - Page 3 Additionally, an appeal of a Level Two approval (Flexible Development) may be initiated pursuant to Section 4-502.B by the applicant or by any person granted party status within 14 days of the date of the CDB meeting. The filing of an application/notice of appeal shall stay the effect of the decision pending the final determination of the case. The appeal period for your case expires on August 30, 2005 (14 days from the date of the CDB meeting). If you have any questions, please do not hesitate to call Wayne M. Wells, Planner III, at 727-562-4504. You can access zoning information for parcels within the City through our website: www.myclearwater.com/ og v/depts/plannin7. *Make Us Your Favorite! Sincerely, Michael el P Planning Director S: (Planning DepartmenhC D BIFLEX (FLD) Unactive or Finished ApplicationslHamden 445 Dockside H (T) - ApprovedWamden 445 Development Order.doc 0 0 Wells, Wayne From: Wells, Wayne Sent: Thursday, August 11, 2005 4:48 PM To: Doreen Williams (E-mail) Subject: Staff Reports for 8.16.05 CDB Doreen - Attached are the Staff Reports for 415 Island Way, 405 Island Way and 445 Hamden Drive. Wayne Island Way 415 Island Way 405 Hamden 445 Staff Report fo... Staff Report.do... dockside II Staff R.. 0 • Wells, Wayne From: Patricia Stough [parch@gate.net] Sent: Thursday, August 11, 2005 10:37 AM To: Wells, Wayne; Mark Jensen Subject: Dockside II Sq Footage t Dockside II DRC render2 _ 2. 1... 0 0 wart UNIT C UNIT A j? (TYP OF 16) (TYP OF 8) ` 1,610 sq n 1,561 sq ft j i SOP UNIT B rya / a` ? (TYP OF 27) 2,143 sq ft 9 \ UNIT B a Y5 o tix ,; C I fv.l ? e ELEVATED GAZEBO RECREATION AREA UNIT B _..._-._?: UNIT C o -? Y? ALL UNITS 2 BEDROOM, 2 BATH. t UNIT B WITH STUDY r TOTAL BUILDING SQ FOOTAGE = 135,560 UNIT A - - TOTAL GROUND FLOOR AREA = 15.036 1 ST TO 4TH DOCKSIDE It\-. FLOOR PLAN 504 SOUTH GULFVIEW BLVD CLEARWATER BEACH, FLORIDA Northside low* CIVIL • LAND PLANNING • ENVIRONMENTAL • TRANSPORTATION • ORIGINAL Fire July 8, 2005 Mr. Wayne Wells Planner III City of Clearwater Planning Department 100 S. Myrtle Avenue Clearwater, FL 33756 RE: FLD2005-05051 - 445 Hamden Dr. DRC Response Dear Mr. Wells: Listed below are our responses to the Development Review meeting held on June 30, 2005. General Engineering 1. Any new concrete driveway apron(s) constructed within the right-of-way have been noted on drawing sheet C2.1. 2. A separate right-of-way permit will be required for all work within the right-of-way of the adjacent street(s) that are assigned to the City is noted on drawing sheet C2.1. 3. Doghouse manhole shall be installed on slab either poured in place or precast under existing sewer line has been noted on drawing sheet C3.1. Environmental 1. The pond is existing with four fenced walls, the pond will be revised to accommodate additional load and will go from triangular to square for added volume. 2. See attached revised calculations and narrative. 1. It is understood that Fire is not an approval or review of any construction plans or documents other than site work. 2. Underground water mains and hydrants to be installed, completed and in service prior to construction as per NFPA-241. 3. We acknowledge that the high-rise building will have to meet all fire code requirements for a high rise building including fire command room, pressurized stairwells, elevator lobbies, fire alarm with voice evacuation, fire fighter phones, etc. 4. See hydrants on sheet C3.1. 5. Water connection detail corresponds with grading drainage and utility plan. Harbor Master 1. There are no live aboards. The docks are currently rented to the public. After development, the slips will be sold to the condo owners. RE"'C??n 1??lJ 601 CLEVELAND STREET, SUITE 930 CLEARWATER, FLORIDA 33755 .1l0L 0R 2005 N ESADMI N@MI N DSPRI NG.COM NESTECH@MINDSPRING.COM PAST Pd%sDEfARTMgg 727 • 443 • 2869 FAX 727 • 446 • 8036 CITVOF CLE"ATER ?r 9 0 Mr. Wayne Wells July 8, 2005 Page Two Landscaping 1. See revised Landscape Plan for compliance. 2. Landscape and Civil Plans have been coordinated. 3. See corrected Site Table Sheet C2.1. 4. Civil and Landscape Plans have been coordinated. 5. See revised Landscape Plan. 6. All interior landscaped areas have been cubed or wheel stops placed. Parks and Recreation 1. Impact fees to be paid prior to issuance of building permit. ORIGINAL RECEIVED JUL 0 8 2005 PLANNING DEPARTMENT CITY OF CIFARWATER Stormwater 1. Topo is now depicted on plan south to east and north of site. 2. Atlases were obtained from the City and storm drain pipe sizes, type of pipe and invert elevations are shown. Official Record numbers have also been noted. 3. Structural encroachment of City storm drain running under existing pool and deck has been or will be resolved with City. 4. The raised deck has been revised and accepted by the City as to not cause a maintenance issue. SWFWMD permit to be obtained prior to issuance of building permit. Solid Waste 1. Trash pickup and recycling has been worked out with Tom Glenn. The trash staging is to be located at southern portion of Gulfview Boulevard. Traffic Engineering 1. One-way directional arrows are shown where necessary. 2. Garage vertical clearance height is at 11'. 3. See revised plan for handicap parking space dimensions in Phase I building, which comply with handicap standards. 4. Columns are not in spaces. See sheet C3.1. These were inlet from utility layer. The following to be addressed prior to building permit: 1. Handicap stall and sign is to comply with City Standard, see added detail. Planning 1. Page one of the application has been revised from 50 units to 83 units. 2. Pond is existing and a 42" fence will remain. See C3.1 for retention fencing. 3. Site Table on sheet C 1.1 has been revised. 4. O.R. Book and Page for utility easements have been noted. 5. Sheet L-1 and C2.1 regarding retention pond landscaping has been coordinated. 6. See revised Architectural Plan for the building elevations for the new Building A. 7. There will not be a sign - to be under separate permit. 8. Application has been revised regarding arterial street verbiage. A deviation has been requested in the application. F Mr. Wayne Wells July 8, 2005 Page Three ORIGINAL Three four foot high berm determined by grades. 101 Sheet C-1 has been revised to reflect the correct building heights: Building A is 92' 8" from roof to deck and Building B is 62' at the center of top. The existing building to be demolished is at 46'. 11. Interior landscaping has been cross-hatched. 12. The proposed building coverage has been added to the Data Sheet. 13. Slide gate is now shown on C2.1. 14. A three foot block wall for detail with six inch curb has been placed in front of building wall. 15. Existing elevation within B and revised elevation is provided to be accessible to 2"d level. 16. Civil and Landscape Plans have been coordinated. 17. Civil and Landscape Plans have been coordinated. 18. Civil and Landscape Plans have been coordinated. 19. Plan has been revised to clearly show berm and retaining walls. 20. Civil and Landscape Plans have been coordinated. 21. Acknowledged - see Architectural Plans. 22. Acknowledged - see Architectural Plans. 23. Civil and Landscape Plans have been coordinated. 24. No spaces are required; the docks are for owners solely. 25. Civil and Landscape Plans have been coordinated. 26. Civil and Landscape Plans have been coordinated. 27. A note had been added to indicate the removal of the southern driveway on Hamden Drive and the partially removed driveway on South Gulfview Boulevard close to the intersection; a note has also been added to for any removed portion of the easternmost driveway on S. Gulfview Boulevard that will not be used as part of this redevelopment. 28. Civil and Landscape Plans have been coordinated. 29. Sliding gate is indicated on the south side of Building A to impede traffic flow through the building from Hamden Drive to Gulfview Boulevard or vice versa. 30. See Architectural Plan for roof materials and color. 31. See Architectural Plans for window sizes and styles. 32. See Architectural Plan for the portrayed in Elevation 2. 33. Acknowledged - see Architectural Plans. 34. See Architectural Plan for awning detail. 35. See Architectural Plan for railing detail. 36. See Architectural Plan for the Penthouse floor plan. 37. See Architectural Plan for color samples. 38. Exhibit A has been revised. 39. Comprehensive Infill narrative has been revised regarding any adjacent project height. 40. Comprehensive Infill narrative has been revised regarding building lighting. 41. Comprehensive Infill narrative has been revised regarding traffic congestion. 42. Comprehensive Infill narrative has been revised regarding the consistency of the community character. 43. Comprehensive Infill narrative has been revised regarding the eliminated restaurant and meeting rooms. RD ECEVED ,i1 H, OR 2005 PLAMNG DEPARTMENT CffYOF CLEARWATER 1 4 ORIGINAL Mr. Wayne Wells July 8, 2005 Page Four 44. Comprehensive Infill narrative has been revised regarding set backs, parking and landscaping Code requirements. Residential is Zero - 15' and the building has two sides and two fronts therefore, we cannot move the existing building, we aligned the new building to the existing building. 45. Comprehensive Infill narrative has been revised regarding "upgrade the immediate vicinity". 46. Comprehensive Infill narrative has been revised regarding parking and retention statement. 47. Comprehensive Infill narrative has been revised regarding the "flexibility". 48. Comprehensive Infill narrative has been revised to add a detailed analysis to show compliance with Beach by Design design guidelines. If there are any additional comments or concerns, please contact our office. Si cerel d'D? reen A. Williams Project Director RECEIVED #?Vrivlft ?'oFc, DojNr jr? • CIVIL 0 LAND PLANNING ENVIRONMENTAL o TRA.1? aN AL ®LETTER OF TRANSMITTAL Date: July 8, 2005 To: City of Clearwater Planning Department 100 S. Myrtle Avenue Clearwater, Florida 33758-4748 Attn: Sherry L. Watkins, Administrative Analyst Reference: 445 Hamden Dr NES Project #529 We Transmit: (X) Enclosed () Mail () Pick-up () Under Separate Cover () Courier (X) Hand Delivered (X)Originals (X) Prints () Addendum () Shop Drawings () Specifications (X) Applications ( ) Floppy Disk () Per Your Request (X) For Your Review & Comment () For Your Use () For Your Approval () For Your Files () For Your Information COPIES DESCRIPTION 15 Flex Development (Comprehensive Infill Application) 15 Letters of Authorization 15 Warrant Deeds 15 Surveys 2 Comprehensive Landscape Application 15 Stormwater Report 1 signed & sealed 15 Civil & Landscape Drawings (3 sheets) (1) sets signed & sealed 15 8'1/2x11" Civil Site Plan 15 8'1 /2x11 " Colored Landscape Plan 15 8.5x11" Colored Renderings (Architectural) 15 8.5x11" Building Elevations 15 Color Charts 15 24x36 Architectural Drawings By: e? F _ (?P? Doreen,k Williams, Project Director 601 CLEVELAND STREET, SUITE 930 CLEARWATER, FLORIDA 33755 NESADMIN@MINDSPRING.COM N ESTECH@MI N DS PRI NG.COM 727 • 443 • 2869 FAX 727 • 446 • 8036 Copies To: FILE RECE N. Pe lzer ??? A. Haines JUL 0 R 2005 PWNG DEPARRO lIT CRY OF CLEARWATER 0 0 Wells, Wayne From: Wells, Wayne Sent: Tuesday, June 28, 2005 5:12 PM To: Doreen Williams (E-mail) Subject: FLD2005-05051, 445 Hamden Drive - Draft DRC comments draft 6.30.05 dre action agend... 9 CITY OF CLFORWATER o r ljlearwater PLANNINGDEPARTMENT MUNICIPAL SERVICES BUILDING 100 SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756 TELEPHONE: (727) 562-4567 FAX: (727) 562-4576 W W W. MYC LEAR W ATER. C OM June 09, 2005 Di Vello Land Trust 400 Island Way # 703 Clearwater, Fl 33767 RE: FLD2005-05051 -- 445 HAMDEN DR -- Letter of Completeness Dear Di Vello Land Trust : The Planning Staff has entered your application into the Department's filing system and assigned the case number: FLD2005-05051. 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 June 30, 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, kar M. G Wayne Wells, AICP Planner III Letter of Completeness - FLD2005-05051 - 445 HAMDEN DR 0 0 Wells, Wayne , From: Wells, Wayne Sent: Thursday, June 09, 2005 12:20 PM To: Doreen Williams (E-mail) Subject: FLD2005-05051, 445 Hamden Drive letter of mpleteness 6.9.05.. • Ol Wells, Wayne From: Wells, Wayne Sent: Thursday, June 09, 2005 12:20 PM To: Doreen Williams (E-mail) Subject: FLD2005-05051, 445 Hamden Drive letter of mpieteness 6.9.05.. 1 I Northside loco June 6, 2005 Mr. Wayne Wells City of Clearwater 100 S. Myrtle Avenue Clearwater, FL 33756 RE: FLD2005-05051 445 Hamden Drive Dear Mr. Wells: Please find listed below our responses to the letter of incompleteness. ORIGINAL 1. The project will be referred to as Dockside II 2. Site Data sheet currently reflects the correct proposed density. 3. Sheet C 1.1 has been crosshatched. 4. The correct lot area is 77,954 square feet. The previous application under FLD2004- 04023 was completed by a surveyor who is no longer with us. The current surveyor, L.R. Penny has verified the square footage as 77,954. 5. Exhibit A to the application has been revised to reflect the correct information. 6. Drawing sheets C2.1, C3.1, L-1 and IR-1 have been revised to reflect the columns, building outlines, etc. 7. Architectural to provide Building B floor plan. 8. See Sheet C3.1 for parking layout for Phase I (Building B) 9. See Sheet C3.1 for additional handicap parking space. 10. Page one of the application has been revised to reflect 82 attached dwelling units being proposed. 11. All drawings have been revised to show the entire site. 12. Retention pond retaining wall has been revised. 13. Per a conversation with Patti Stough and Rick Albee, a tree inventory will be provided prior to DRC. 14. Site plan, Sheet C3.1 has called out all building dimensions. 15. Landscape plan has been revised to be in compliance with previously approved conditions on FLD2004-04023 application. 16. Site Data table has been revised to reflect the height of Building B. 17. All setbacks for Phase I and II have been indicated on Sheet C 1.1 and C2.1 18. The width and radii of the proposed ingress/egress has been indicated on Sheet C3.1. All site visibility triangles have been shown. 19. The prior FLD case did include parking for a 10 slip marina along with 1 parking space per 2 slips. The landscape and civil plans have been coordinated. All slips to be rented for personal boat use only; no commercial. 601 CLEVELAND STREET, SUITE 930 CLEARWATER, FLORIDA 33755 N ESADMI N@MI N DS P RI NG.COM NESTECH@MINDSPRING.COM 727 - 443 - 2869 FAX 727 - 446 - 8036 CIVIL • LAND PLANNING • ENVIRONMENTAL • TRANSPORTATION • 0 0 Mr. Wayne Wells June 6, 2005 Page Two 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. 35. Fire risers have been noted on plan. -?" Fire risers have been noted on plan. PtANNIN g g PME? Fire risers have been noted on plan. Gt7v Survey to show OR book and page prior to CDB All parking lot interior landscaping has been depicted by shading. Solid waste room has been noted, as well as trashing staging area. All mechanical equipment will be located on the roof. No outdoor lighting provided. All lighting will be under the building. All h/c accessible routes from building and egress stairs are shown on site plan. OR Book and Pages will be shown on survy prior to DRC per phone conversation with Scott Rice and Housh Ghovaee June 62 Sheets L-1 and C2.1 now have matching retention ponds. Waterfront visibility signs have been indicated on sheets C2.1 and L-1. Architect has completed all building elevations. Sign program to be under separate permit. The site sits at the corner of Hamden Drive and Gulfview Blvd. The major arterial in this case is Gulfview Blvd. No direct access will be provided to Gulfview Blvd., from this site. The plans have been revised to show all off-street parking abutting adjacent property or right-of-way with a 4' high landscaped buffer. Comprehensive Landscape Program has been removed from this submittal. If any additional comments arise, please feel free to contact our office. Sincerely, oreen A. Williams Project Director ORIGINAL _k `Clearwater June 02, 2005 Di Vello Land Trust 400 Island Way # 703 Clearwater, F133767 • CITY OF CLEfRWATER PLANNING DEPARTMENT MUNICIPAL SERVICES BUILDING 100 SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756 TELEPHONE: (727) 562-4567 FAX: (727) 562-4576 W W W.MYCLEARWATER. COM RE: FLD2005-05051 -- 445 HAMDEN DR -- Letter of Incompleteness Dear Di Vello Land Trust : The Planning Staff has entered your application into the Department's filing system and assigned the case number: FLD2005-05051. After a preliminary review of the submitted documents, staff has determined that the application is Incomplete with the following comments. Jl. Ensure consistency of project name, as the civil plans state Dockside II, the landscape plans state Dockside,. the architectural plans state Dockside II, Exhibit A of the application states Dockside II and the letter of transmittal states Sea Stone II. J2. The approval of FLD2004-04023, approved by the CDB on August 17, 2004, approved 111 hotel/motel units. There has been NO prior approval for any dwelling units on this property. Revise the site data on Sheet C1.1 for existing density (111 motel units), proposed density (82 attached dwelling units) and required density. Phase I has NOT been previously approved by the CDB. Revise. J 3. Sheet C 1.1 - crosshatch or shade the project site. 14. Sheet C1.1 - The lot area previously under FLD2004-04023 was 78,965 square feet. The site data table indicates a lesser square footage (77,954 square feet). Where did the 1,011 square feet go? J5. Revise Exhibit A to the application for the Description of Request. Under FLD2004-04023, the approval allowed a maximum of 111 hotel/motel units (not 110 units). A Unity of Title was also required, as this is one site. There is no Building B sitting on certain lots, nor is there any lot area (square footage or acreage) associated with Building A or B. There has been NO prior approval to have 31 attached dwellings in Building B. Revise the Desciption of Request. Also, under the responses to criteria, the restaurant was eliminated under FLD2004-04023, not under this application. Revise all responses appropriately to indicate the proposed use of this property is for 82 attached dwellings, where the prior approval was for 111 hotel/motel units. 16. Clearly indicate on Sheets C2.1, C3.1, L-1 and IR-1 the location of the existing and proposed building outlines. Ensure all column locations are shown. Based on the West elevation on Sheet C-1, it appears that a proposed deck area with the elevated gazebo recreation area comes close to Building B, which the site plans do not indicate. Revise. 7. Provide proposed floor plans for dwellings in Building B. 8. Show parking layout for Phase I (under Building B). For 125 parking spaces, five handicap parking spaces are required. Only four are shown. I Revise Page 1 of the application to indicate 82 attached dwelling units as the proposed use. Provide the parcel size on Page 1. Letter of Incompleteness - FLD2005-05051 - 445 HAMDEN DR LL CITY OF CLE RWATER o Clearwater PLANNING DEPARTMENT MUNICIPAL SERVICES BUILDING 0 100 SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756 TELEPHONE: (727) 562-4567 FAX: (727) 562-4576 W W W .MYCLEARWATER. COM June 02, 2005 J11. This proposal is for the redevelopment of the entire site. Provide civil, landscape and irrigation plans for the entire site. 0 The proposal appears to propose a four-walled retention pond of a depth of 2.5 feet. Per Stormwater Engineering, there can only be two vertical walls. Revise. Also show any required fencing of the pond. ?, 13 Provide a tree Inventory; prepared by a "certified arborist", of all trees 8" DBH or greater, reflecting size, canopy (drip lines) and condition of such trees. X14. Provide building dimensions on the site plan. 15. Landscape plans should be showing compliance with the previously approved condition on FLD2004-04023: That hedges and other landscaping (not including trees) on the northern portion of the site be maintained to a maximum height of three feet to provide continued views of the water by adjacent property owners and tenants/guests. Landscape materials along the north and east sides of the property shall be of a type that minimizes insect and maintenance debris impacts on the neighbor to the north. Landscape plans shall show compliance with these requirements prior to the issuance of building permits for the relocated units/rooms in the northern building (Building B); t::J Provide the building height to the midpoint of the pitched roof for the existing Building B in the site data table on Sheet C1.1. 17 Provide the existing/proposed setbacks for Phase 1 within the site data table on Sheet C1.1 and on Sheet C2.1. J18. The proposal includes relocating the driveway under Building B. Dimension the proposed width and radii. Show the required visibility triangles on Sheet C2.1. J19. The prior FLD case included parking for a 10 slip marina. Landscape plan Sheet L-1 appears to include parking for the marina. If the marina is to be included in this proposal to convert the property to attached dwellings, then parking must be provided for the marina and the application needs to indicate the inclusion of the marina. Need to detail what type of boats are planned to be berthed in the marina (personal versus commercial boats). If the slips are to be converted to use by the owners or guests of the owners of the condominiums, then the application needs to specifically state such. 120. Need to provide fire risers for the existing boat dock. The survey and the site plan Sheet C2.1 indicate a 10-foot wide drainage easement from Hamden Drive to the seawall. Based on the Hamden (West) elevation on Sheet C-1, it appears that an elevated deck is proposed over this easement. Stormwater Engineering has advised that the deck will not be allowed over this easement. This comment is provided as it impacts the site and building design. J22. Depict by shading or crosshatching all required parking lot interior landscaped areas. 123. Show the location of all solid waste containers, recycling or trash handling areas (including trash staging areas) and outside mechanical equipment (also for Building B) and all required screening (per Section 3-201(D)(i) and Index #701). fZ4. Show the location of all outdoor lighting fixtures. 25. Ensure all required handicap accessible routes from the buildings and from egress stairs are shown on the site plan. Letter of Incompleteness - FLD2005-05051 - 445 HAMDEN DR 'Clearwater • CITY OF CLEqfRWATER 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 June 02, 2005 2 Provide the Official Records Book and page numbers of all existing utility easements. 7 The retention pond on the landscape plan Sheet L-1 is different than that shown on Sheet C2.1. Revise. 128. Indicate all waterfront visibility triangles on Sheets C2.1 and-L-1. 29. Ensure the building elevations are complete for the new Building A, as they are incomplete at certain elevations and at the ground elevation (no columns shown). 30 Prior use was for overnight accommodations. A Comprehensive Sign Program (CSP) was approved through the CDB for certain signage. With the change to residential, all signage will be required to be brought into conformance with Residential standards (freestanding signage cannot exceed four feet in height; not the six feet approved through the CSP). There also appears to be attached signage on Building B on the awning, based on the elevations. Indicate what is proposed with this application. 31 Application will need to include a deviation to the following attached dwelling criteria: "The use of the parcel proposed for development will not involve direct access to an arterial street;" ® Proposal will need to show compliance with the following attached dwelling criteria for both buildings (or need to request deviation from): "Off-street parking within the footprint of the residential building is designed and constructed to create a street level facade comparable to the architectural character and finishes of a residential building without parking on the ground level." J33. A Comprehensive Landscape Program application has been submitted, but does not indicate what landscaping requirements are being asked to be waived or modified. Revise or remove application. 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 Monday, June 6, 2005. If you have any questions, please do not hesitate to contact me at 727-562-4504 or Wayne.Wells@myclearwater.com. Sincerely yours, M. w" Warn Wells Planner III Letter of /ncompleleness - FLD2005-05051 - 445 HAMDEN DR H-orthside 4) CIVIL • LAND PLANNING • s,??,;, ,,;,,,, ?+'?'f' '5mg?& lo c, ENVIRONMENTAL • ?I??' TRANSPORTATION • LETTER OF TRANSMITTAL ORIGINAL Date: May 26, 2005 To: City of Clearwater Planning Department 100 S. Myrtle Avenue Clearwater, Florida 33758-4748 Attn: Sherry L. Watkins, Administrative Analyst Reference: Sea Stone II - 445 Hamden Dr NES Project #529 We Transmit: (X) Enclosed () Under Separate Cover O Mail O Courier () Pick-up (X) Hand Delivered () Per Your Request (X) For Your Review & Comment Q For Your Use () For Your Approval () For Your Files {) For Your Information (X)Originals (X) Prints () Addendum () Shop Drawings () Specifications (X) Applications () Floppy Disk COPIES DATE DESCRIPTION 15 5/26/05 Civil & Landscape Drawings (3 sheets) (3) sets signed & sealed 15 5/26/05 8'1/2x11" Civil Site Plan 15 5/26/05 8'1/2x11" Colored Landscape Plan 15 5/26/05 Flex Development (Comprehensive Infill Application) 15 5/26/05 Letters of Authorization 15 5/26/05 Warranty Deeds 15 5/26/05 Surveys 1 signed & sealed) 15 5/26/05 Stormwater Report 3 signed & sealed) 15 5/26/05 8.5x11" Colored Renderings (Architectural) 15 5/26/05 8.5x11 ° Building Elevations 15 5/26/05 Color Charts 15 5/26/05 24x36 Architectural Drawings 1 5/26105 Ck #1099 in the amount of $1,205.00 2 5/26/05 Comprehensive Landscape Application Comments: Design Review Committee for May 26, 2005 deadline C To: Fi RECE? L y: 28 2005 _'11A -0 6 0? CLEVELAND Doreen AI Williams, Project Director CLEARWATER, FLORIDA 33755 PLANNING DEPARTMENT NESADMIN@MINDSPRING.COM CITYQF CLEARWATER NESTECH@MINDSPRING.COM 727 • 443 • 2869 FAX 727 • 446 • 8036 MEMORANDUM TO: Community Development Board FROM: Wayne M. Wells, AICP 1_ ' m Planning III (V RE: Request for Time Extension FLD2005-05051 - 445 Hamden Drive and 504 South Gulfview Boulevard DATE: December 28, 2006 Attached is information related to the request by Kent Runnells, on behalf of Fulvio DiVello, Trustee for DiVello Land Trust, for an extension of time relative to the above referenced project located at 445 Hamden Drive and 504 South Gulfview Boulevard. A one-year extension is being requested which would expire on February 16, 2008. Pursuant to Section 4-407 of the Community Development Code, extensions of time "shall be for good cause shown and documented in writing." The Code further delineates that good cause "may include but are not limited to an unexpected national crisis (acts of war, significant downturn in the national economy, etc.), excessive weather-related delays, and the like." In this particular case, the applicant has indicated that the project is being delayed for economic reasons as it relates to deteriorating market conditions. It should be noted that, pursuant to Section 4-407, the Planning Director has previously granted a six-month extension. The Code further directs that the Community Development Board may consider whether significant progress on the project is being made and whether or not there are pending or approved code amendments which would significantly affect the project. It should be noted by the Board that in the intervening period subsequent to the original approval, the Code has been amended in the following that affect this project: 1. The requirement for parking has been amended to two parking spaces per unit. This project was approved with 132 parking spaces for 83 attached dwelling units, at a parking ratio of 1.59 parking spaces per dwelling unit. 2. The requirement for parapet height for buildings with flat roofs has been amended to a maximum of 42-inches. This project was approved with a parapet height of seven feet (from roof deck). 3. Section 6-1093 was amended to not allow the conversion of a nonconforming density to a different use. The approval of this project provided for the conversion of nonconforming overnight accommodation density to dwelling unit density. Attachments: Letters of Request Email to Housh Ghovaee re Certificate of Occupancy issues December 14, 2006 Time Extension Development Order June 20, 2006 Maps and Photos S: IPlanning DepartmentlC D BIFLEX (FLD)Ilnactive or Finished ApplicationslHamden 445 Dockside 11 (T) 2005 - ApprovedlHamden 445 Time Extension Memorandum for 1. 16.07 CDB.doc KENT RUNNELLS, P.A. ATTORNEY AT LAW 101 MAIN STREET, SUITE A SAFETY HARBOR, FL 34695 VOICE (727) 726-2728 • FAX (727) 724-0879 December 26, 2006 Wayne M. Wells AICP Planner, III City of Clearwater Planning Department P. O. Box 4748 Clearwater, FL 33758-4748 0 RE: Community Development Board Meeting (Case Number FLD2005-05051) Dear Mr. Wells: Thank you for your notice of the meeting in front of the Community Development Board on the above referenced matter on January 16, 2007. The purpose of this letter is to modify slightly the request set forth in my previous letter. At the time I wrote the previous letter, I was under the misimpression that the maximum extension period allowed under the code was one year, and that 6 months had already been granted at the staff level, leaving only 6 months available for a potential extension at the Community Development Board level. When I met with the City last week, I learned that the actual potential extension period was one year if granted by the Community Development Board. Given all that my client faces in the way of obstacles on this project, we would respectfully request that the one year extension be granted, extending their deadline through on or about August 16, 2007. Sincerely yours, Kent B. Runnells KBR/mm cc: Fulvio DiVello Hoosh Ghovaee RE EIVEE DE 2 7 2006 PLANNING DEPARTMENT I:ITY OF CLEARWATER, 0 0 KENT RUNNELLS, P.A. ATTORNEY AT LAW 101 MAIN STREET, SUITE A SAFETY HARBOR, FL 34695 VOICE (727) 726-2728 • FAX (727) 724-0879 VIA HAND DELIVERY November 28, 2006 Community Development Board C/O Michael Delk, AICP Planning Director City of Clearwater P. O. Box 4748 Clearwater, FL 33758-4748 , r )u ,0 i 3 PLANNING & DEVELOPP:-1E_ NT SERVICES T'v 0. r r RE: Extension Request for Application filed by DiVello, FLD2005-05051 Mr. Delk: On behalf of Fulvio DiVello, as Trustee of the DiVello Land Trust, the owner of the above referenced project, I write this letter respectfully requesting an extension to the current deadline of February 16, 2007, for the undertaking of Phase II of the Dockside Condominium Project. As you know, the condominium market has softened substantially on Clearwater Beach, and a large number of hotel units have also been displaced by condominium units. For these reasons, my client would respectfully request a six month extension to their current building permit application deadline to re- evaluate their project and explore their opportunities for retaining as many hotel units as possible instead of building Phase II of their project. The Seastone Hotel and Suites originally consisted of two separate buildings which were operated as one hundred eleven hotel units. After the six story building was severely damaged by the hurricane two years ago, the owner applied for the conversion of one hundred eleven hotel units into eighty- three condominium units, which was the proper number permitted under the seventy-five percent conversion formula. Immediately thereafter they undertook the restoration of the six story building into thirty-one condominium units, with this process to occur while the other building, which contains sixty-two hotel units, was continued in operation as a hotel facility. The ultimate plan was to demolish the smaller hotel building and replace it with a new building containing fifty-two condominium units. However, given the softening of the condominium market and the relative scarcity of hotel units on Clearwater Beach, it does not appear at this time that this action would be economically feasible nor in the interest of the current redevelopment trends on Clearwater Beach. Since submitting their application for a conversion into all condominium units, the applicable guidelines for density, parking, etc. have changed, making the change in direction into a mixed use project relatively complicated. Because of these complexities, it is not anticipated the property owner will be able to make a determination of precisely what their economically feasible options are by February 16, 2007, their current deadline. If no extension is granted, and no other relief can be 0 0 Page 2 November 28, 2006 found, they may be in the tenuous position of being forced to demolish a vital and much needed sixty-two room hotel facility in the peak of season, thus eliminating much needed hotel rooms before they head down the path of building condominium units for which a market may not currently exist. Not only would this action be economically risky from the. owner's point of view, it offers no benefit to the beach community at large. For the reasons set forth herein, request is hereby made that the current expiration of the February 16, 2007 application deadline be extended to August 16, 2007. Respectfully submitted. r KENT B. RUNNELLS Attorney for Fulvio DiVello KBR/mm cc: Fulvio DiVello Housh Ghovaee 0 0 From: Wells, Wayne Sent: Thursday, December 14, 2006 1:45 PM To: Housh Ghovaee (E-mail) Cc: Planning; Garriott, Kevin; Wagner, James; Doreen Williams (E-mail) Subject: 445 Hamden Drive Following is a summary of points: 1. On August 17, 2004, the CDB approved Case No. FLD2004-04023 for the Termination of Status of Nonconformity for density within the Tourist District to permit the relocation of five overnight accommodation units from the southern building (Building A) to the northern building (Building B) and the conversion of five overnight accommodation units in the southern building (Building A) to accessory storage and hotel office usage. 2. In May or June 2005, a storm (hurricane) did damage to both existing overnight accommodation buildings on-site, with the northern building receiving the greater damage. 3. A building permit (BCP2005-06826) to repair the top five floors due to hurricane damage was submitted on June 22, 2005, and was issued on July 19, 2005, for the northern existing overnight accommodation building (issued for a hotel building). 4. On August 16, 2005, the CDB approved Case No. FLD2005-05051 for (1) Termination of Status of Nonconformity for density (111 overnight accommodation units existing to be converted to 83 dwelling units, where 53 dwelling units are permitted today); and (2) Flexible Development approval to permit 83 attached dwellings. This project entailed retaining of the northern building with its conversion to 31 attached dwellings, the demolition of the southern building and the construction of a new southern building with 52 attached dwellings. 5. On July 25, 2006, a request was submitted for a time extension to submit for a building permit under the approval of FLD2005-05051. A six month time extension was granted to February 16, 2007. In the time extension letter, dated August 21, 2006, the following was stated: "The approval of this time extension is based on the current use of the property being an overnight accommodation use and that there has been no building permit request or issuance to convert the use of the property to attached dwellings. Building Permit #BCP2005-06826, applied for on June 22, 2005 and issued on July 19, 2005, was for the interior repair of the top five floors due to hurricane damage for the existing overnight accommodation use and predated the approval of this Flexible Development case to convert the use of the property to attached dwellings. It is noted that a conflict may occur with CDB approvals should such a request be submitted to convert the northern building to attached dwellings while the southern building still operates as an overnight accommodation use and nonresidential uses, which would then be classified as a "mixed use." There have been no CDB approvals for mixed use on this property and there will be issues with density." The bold text was in the letter dated August 21, 2006. It appears that no one read this portion of the letter from the applicant/owner side and questioned it as to how to fix the upcoming problem. 6. Construction has proceeded under BCP2005-06826 with no request to change the use under the building permit from overnight accommodations to attached dwellings. Note: I have talked to Kevin Garriott and he stated that a letter requesting the change of use under this building permit would be acceptable for his office to change the use of the units under BCP2005-06826. 7. The owners now want a Certificate of Occupancy for the northern building under • 0 BCP2005-06826 to occupy the building as 31 attached dwellings. 8. Housh Ghovaee has contacted me stating the owners want to sell the units in the northern building as attached dwellings (only one unit may have been sold to-date). A condominium plat has been recorded, but now must be reworked. He said they want to subdivide the property so that the condominium attached dwellings will be on their own lot, separate from the existing southern building that will operate as overnight accommodations with offices on the ground floor. He stated that the northern "lot" to be created would have "excess density" necessary for the southern "lot" should they construct the improvements under FLD2005- 05051 so that they could "density average" over the entire site. He also stated that some of the parking on the northern "lot" (attached dwellings) would be necessary for the southern "lot" (overnight accommodations and offices), such that a cross parking agreement would be necessary. Gina Clayton and Wayne Wells have met with Housh, the property owner and the owner's attorney to discuss the issues and to determine how to accomplish their desires under applicable Code provisions and procedures. After discussion between the Planning Department and the City Attorney's office, the following options are available: OPTION 1. Remain an overnight accommodation use, utilizing both buildings much as the past as an overnight accommodation use. An occupational license would need to reflect the 31 units in the northern building and 62 units in the southern building, as well as the two (?) nonresidential units on the ground floor of the southern building. The approval by the CDB for attached dwellings has not yet expired and a request to extend the time period for one additional year is scheduled to be reviewed by the CDB on January 16, 2007. Such approval by the CDB granting a time extension may "buy" the owner some time to regroup, decide what he wants to do, see what the market is doing and potentially proceed under the prior approval for attached dwellings over the entire property as originally approved. Under this option, the completion of the demolition of the southern building would need to occur prior to the FLD expiration date the CDB may approve as the ability for the City to issue Certificates of Occupancy for attached dwellings in the northern building (after the building permit issue is resolved - see #6 above), so long as an appropriate condominium plat has been recorded. The applicant would also need to submit for a site and building permit to construct the new 52-unit attached dwelling southern building approved by the CDB under FLD2005-05051 prior to the FLD expiration date. OPTION 2. The approval by the.CDB under FLD2005-05051 was for 83 attached dwellings. The CDB did not approve "mixed use" of attached dwellings and overnight accommodations. To have both uses, a new FLD application would need to be filed to permit a "mixed use" as . a Comprehensive Infill Redevelopment Project. NO CERTIFICATES OF OCCUPANCY AS ATTACHED DWELLING UNITS CAN BE ISSUED IN THE NORTHERN BUILDING UNTIL THE NEW APPLICATION IS APPROVED BY THE CDB AND ALL OTHER ACTIONS NECESSARY ARE COMPLETED (see below). The application would need to be reviewed by the DRC prior to scheduling for the CDB. The proposal would show two lots, providing site data (including density calculations) for each lot. Since the Code has been amended to preclude the termination of nonconforming density and converting it to a different use (such as overnight accommodation units to attached dwellings), the proposal must meet these new rules. As such, the density for the northern lot (attached dwellings) would be based on 30 dwelling units per acre. Based on prior discussions with Housh, it is estimated that this would produce 25 dwelling units. The proposal would need to show how this building would only have 25 dwelling units. Alternately, based on the Transfer of Development Rights (TDR) regulations, a maximum number of dwelling units that can be transferred to this site is 20 percent of the maximum number of units otherwise permitted. If 25 dwelling units are permitted (assumed at this point), then a maximum of five dwelling units could be transferred to this site through TDR. This would permit a maximum of 30 dwelling units, which is not 31 dwelling units, but is closer than 25 dwelling units. The applicant would need to purchase these TDRs from other available sending sites from the area governed by Beach by Design. Under this sub-option, the proposal would need to show how this building would only have 30 dwelling units. This new application would also potentially need to include a Termination of Status of Nonconformity for the overnight accommodation use on the southern lot (we don't know the permitted number of overnight accommodation units permitted until the lot size for the southern lot is determined). The density would need to be calculated based on a mixed use, since potentially the two (?) nonresidential units may still be desired to be retained on the ground floor, and based on 50 overnight accommodation units per acre. If the mixed use density calculation for this southern lot exceeds the maximum allowable, then the proposal would need to include the Termination portion in the request. This Termination portion would be basically to allow what exists to remain in the southern building. Should it be desired in the future to converted the use of the southern lot to attached dwellings, the allowable density for attached dwellings would be 30 dwelling units per acre. Parking calculations would also need to be developed. The attached dwellings would need to be calculated based on two parking spaces per dwelling unit, the overnight accommodation use based on one parking space per unit and (if desired to be retained) the offices on four spaces per 1,000 square feet GFA (or retail at five spaces per 1,000 square feet GFA). We would look at the overall site for providing the required number of parking spaces, but the applicant may need to have a cross-parking agreement for some of the overnight and office (southern lot) parking to occur on the northern lot (attached dwellings), if the case. Additionally, since the northern building (attached dwellings) would need to be on a lot separate from the overnight accommodations (southern lot) for the purposes of filing a condominium plat (as the applicant's attorney has indicated), the application would need to either: a. include a preliminary plat showing the two lots proposed (if this option is chosen, a final plat would need to be accepted and approved by City Council); or b. since the overall property is primarily existing platted lots (with the exception of the parking area east of the southern building), the proposal could show the two lots desired and a Release of Unity of Title and Minor Lot Adjustment request would need to be filed after CDB approval and prior to the condominium platting (this is assuming that the proposed lot line between the north and south lots would not follow existing platted lot lines). After either "a" or "b" above is approved and recorded, a condominium plat would need to be recorded. After such, the attached dwelling units could be issued Certificates of Occupancy and sold as condominiums. • PAPAYA Srly- ? 7 ?Y ?? u ?Z D t t `_ O c. ewe WBIDWARD p E 0 CZ1 Fftr er no D ? yxx a Q ftQFfT WAWR DR 94YSIDE PROJECT SITE eLw s? Location Map Owner: I Divello Land Trust Case: FLD2005-05051 Site: 445 Hamden Drive Property 1 79 504 South Gulfview Boulevard Size(Acres): . PIN: 08/29/15/17640/000/0040 Atlas Page: 276A • • nl -------__ O F? Sr 3501 LMDR ? 411 1 y OS/R ; 1 409 ` 2 I > 1 1 j I j ?- i-? r- 410 J 412 _ e L rll ' __ i 420 _ 41s BAY 103 o' om I mm ,, °? 1 _ . ! I `430 t pp5 1 t i ' ? ! I .,; \ , P ? yy 445 `V L--- " j I 1 1 1 I ? Z ? 4 / r r w ` I SA YWA V 84 MD Zoning Map Owner. Divello Land Trust Case: FLD2005-05051 Site: 445 Hamden Drive Property 1 79 504 South Gulfview Boulevard Size(Acres): . PIN: 08/29/15/17640/000/0040 i Atlas Page: 276A 1? S 3501 107-- _ - - - - - I I L-_ 1 ; h-'`?J ro °?_I / 406 411 J-7 1 ! ?? ? _ 1 to A 1 409 I ?' f ( `/o O igh -- ! 410 1 fin 1- 412 b L 1 11 __r - F L-- ? ? ? 1.. ?O 4I5 BA yI<+' oil I 1 com• I 0 l,?'' - ?' 4 ? I 1 3 \ 1!`318 1' ?i \ \ 1 '--J p??. I --- j e •?? -, 1 I I __ J _ I ?ry3 -t 1 I \ 43o 1 V? 1 I \ q 1 ( \ rh h+? / .? - wml qd I -J ? i? 445 06 \i r? _ I f L I / / 1 I ?? Attached D 4velliogs , Att ac d bwell' Overr/igut ; `• e ; Accfammodat' ns ?`O Existing Surrounding Uses Map Owner. Divello Land Trust Case: FLD2005-05051 Site: 445 Hamden Drive Property 1 79 504 South Gulfview Boulevard Size(Acres): . PIN: 08/29/15/17640/000/0040 Atlas Page: 276A • r: 97 r 1 is vow ' } r 4 VP 0 Y A ° ,t???,' • - w, ?\`?. r? ? i ? ? p t Aerial Map Owner. Divello Land Trust Case: FLD2005-05051 Site: 445 Hamden Drive Property 1 79 504 South Gulfview Boulevard Size(Acres): . PIN: 08/29/15/17640/000/0040 Atlas Page: 276A NOW View looking northeast from Hamden Drive at west side of Building B (northern building) s View looking northwest from S. Gulfview Blvd. toward intersection with Hamden Drive 445 Hamden Drive and 504 South Gulfview Boulevard FLD2005-05051 1 of 3 View looking northwest at east side of Building B (northern building) View looking east from Hamden Drive at west side of Buildine A (southern bwldinu) View looking southwest at east and north sides of Buildins A (southern buildinp-) r 4r. View looking southeast at west side of Building A (southern building) and intersection it 1! View looking east on S. Gulfview Blvd at project to east (under construction - 514 S. Gulfview Blvd.) View looking southeast at 415-421 Hamden Drive (subject property on right) 445 Hamden Drive and 504 South Gulfview Boulevard FLD2005-05051 2 of 3 NOM View looking northeast from intersection of Hamden Drive and S. Gulfview Blvd. View looking south at Ramada Inn on south side of S. Gulfview Blvd. M E View looking northwest at motels on west side of Hamden Drive parking area of subject property (adjacent to seawal 445 Hamden Drive and 504 South Gulfview Boulevard FLD2005-05051 3 of 3 View looking southwest at motels on west side of Hamden Drive View looking south along east side of northern View looking east at parking/landscaping of east side of northern parking area of 445 Hamden Dr. Wells, Wayne From: Wells, Wayne Sent: Wednesday, February 21, 2007 4:30 PM To: Delk, Michael Cc: Dougall-Sides, Leslie; Clayton, Gina Subject: 445 Hamden Michael - It has come to my attention, through Kathy Milam who is considering buying a condominium in this building, that they are advertising these attached dwelling condos for "minimum seven day rental" and "great rental investment". See www.docksideclearwaterbeach.com. It seems that while they are talking to us about attached dwellings, they are advertising what we consider overnight accommodations. This is interesting as they are wanting us to issue COs for the very units they are advertising as a horse of a different color. Wayne • • Wells, Wayne From: Wells, Wayne Sent: Wednesday, January 10, 2007 1:12 PM To: Garriott, Kevin Cc: Delk, Michael; Clayton, Gina; Thompson, Neil; Dougall-Sides, Leslie Subject: Sea Stone I am attaching the email. from December 14, 2006, which outlined the issues and the options. EFM? T-J Email to H. ;hovaee re CO issu.. -----Original Message----- From: Garriott, Kevin Sent: Wednesday, January 10, 2007 12:56 PM To: Wells, Wayne Subject: RE: Sea Stone Is there some issue needing resolved for you at this point. It appears that building inspections have been done and completed. Thanks. -----Original Message----- From: Akin, Pam Sent: Wednesday, January 10, 2007 11:24 AM To: Delk, Michael; Garriott, Kevin; Kronschnabl, Jeff Cc: Dougall-Sides, Leslie; Brumback, Garry Subject: Sea Stone The Mayor called to ask me about the Sea Stone Hotel and condos on the beach. Housh told him that we were holding up the c.o. Anyone know anything about this? Pamela Akin, City Attorney 112 5. Osceola Ave Clearwater, Florida 33758 727 562-4010 Wells, Wayne From: Wells, Wayne Sent: Friday, December 29, 2006 2:42 PM To: Garriott, Kevin Cc: Wagner, James; Legters, Neil; Delk, Michael; Clayton, Gina; Thompson, Neil Subject: BCP2005-06826, 445 Hamden Drive Kevin - A letter from Richard P. Johnston, Riklyn Construction, Inc., was submitted today to you requesting to modify the use on the above referenced permit from hotel to attached dwellings AND requesting the issuance of Certificates of Occupancy. As a reminder, I copied you on an email to Housh Ghovaee on December 14, 2006, outlining the zoning and permitting issues for this property, whereas NO Certificates of Occupancy for attached dwellings (condos) can be issued at this time. Option 1 in this referenced email outlined remaining as a hotel/motel. In discussions with Michael Delk, issuing Certificate of Occupancies for units in this building under this Option 1 as a HOTEL is acceptable. Should you have questions, see Michael Delk, Gina Clayton or myself. Wayne RIKLYN CONSTRUCTION, INC. 563317MMSPRING AVENUE NEWPORT RICHEY, FIORIDA 34655 VOICE (727, 421-4664 VIA HAND DELIVERY December 27, 2006 Kevin Garriott City of Clearwater Building Department 310 Court St. Clearwater, FL 33756 RE: Request for Certificate of Occupancy Under BCP2005.06826 Dockside Condominiums/DiVello Mr. Garriott: ORIGINAL RECEIVED DEC 2 9 2006 PLANNING DEPARTMENT CITY OF CLEARWATER You may recall the situation on the above referenced building permit, where the project was originally submitted as a restoration of an existing hotel after storm damage, but was subsequently approved by the CDB as a condominium project, and proceeded to completion on that basis. At the direction of Wayne Wells in the Planning Department, we respectfully notify you of the change of use of the northern building on this site, from hotel overnight accommodation to its current use as a condominium. This use has been approved by the CDB, and it is our understanding that this letter advising you of the change of use is all that will be required for the certificate of occupancy to issue, for all inspections have been passed and construction is now fully complete. At your earliest convenience, please issue a certificate of occupancy on this building. Should you require further insight, Wayne Wells would be most helpful. Thank you IzIcb.ar•d P. Johnston President • • Page 1 of 7 Wells, Wayne From: Wells, Wayne Sent: Tuesday, November 21, 2006 7:00 PM To: 'The Beachouse' Subject: RE: Dockside Landscaping Issue Bill - In a meeting we had with Housh Ghovaee, Fulvio DiVello and Mr. DiVello's attorney, Mr. DiVello agreed to relocate the ligustrum trees that were planted next to your pool area to other areas on the site. Thought I would finally get around to letting you know. Have a Happy Thanksgiving. Wayne PS: The cake/pie was great. -----Original Message----- From: The Beachouse [mailto:stay@thebeachouse.com] Sent: Saturday, October 14, 2006 4:39 PM To: Wells, Wayne Cc: stay@beachouse.com Subject: Dockside Landscaping Issue Dear Mr. Wells, Below are photos of the Dockside landscaping ...(formally Seastone Suites). These recently planted shrubs and trees butt up to our property and eliminate the pedestrian as well as vehicular water view of the bay. Since the trees are already higher than 3 feet-and the bushes that have been planted can reach up to 15 feet ...the landscaping is and will be higher than the agreed to height of 3 feet at maturity. As such, we would like the landscaping removed and any future plantings adhere to the agreed height ...as to preserve the integrity of the bay view for all our community. Sincerely, Bill and Helen Sykes The Beachouse 421 Clearwater Beach Clearwater, FL 33767 4/1/2007 4/1/2007 1 0 Page 3 of 7 v l# 4/1/2007 • • Page 5 of 7 ?V 4/1/2007 U • Page 7 of 7 >>. 4/1/2007 • f Wells, Wayne From: Rice, Scott Sent: Tuesday, January 24, 2006 10:09 AM To: Quillen, Michael Cc: Wells, Wayne Subject: RE: Fulvio Divello Mike, The project is FLD2005-11111 - 1001 S Ft Harrison and was reviewed at DRC on 1/5/06. As submitted this project produced many concerns from Engineering - Land Resources - Traffic - Planning. At DRC, Patti Stough dominated the discussion with a new proposed layout that could address. most of the issues with the exception of Planning. Planning's major concerns are: Building too large for area. Building height not in harmony with area. Proposed density too high. Lack of amenities As we understand, the development team is redesigning the project in accordance with our comments with the intent to resubmit. Since this project must go to CDB, it is 2 - 3 months from receiving a DO. D. Scott Rice Land Devel. Engr. Manager 727-562-4781 scott.rice@MyClearwater.com -----Original Message----- From: Quillen, Michael Sent: Thursday, January 19, 2006 11:05 AM To: Rice, Scott Subject: Fulvio Divello Owns the property at 504 S. Gulfview where we are trying to get an easement for a traffic signal as part of Beach Walk. Issues on that property are worked out and we thought everything was fine. Now he says he has another project in for review somewhere on Fort Harrison and he is getting jerked around by Wayne Wells and is holding the easement hostage until that is resolved. Is there any way you could figure out what and where that project is and what the issue is? Thanks. M.Q. Wells, Wayne From: Garriott, Kevin Sent: Friday, September 02, 2005 4:50 PM To: Wells, Wayne Subject: RE: 445 Hamden Drive Forwarded on to inspectors and Neil. -----Original Message----- From: Wells, Wayne Sent: Friday, September 02,.2005 2:18 PM To: Garriott, Kevin Subject: 445 Hamden Drive Kevin - Just drove by the above address this morning. As you can see in the attached picture, there is exterior work on the building being performed. There are no permits for such work that have been issued, nor any permits in received status. Under FLD2005-05051, approved by the Community Development Board on August 16, 2005, the exterior will be reclad with a stucco finish. There has already been one stop work order issued on this property for unpermitted work. This looks like another one. Could you please handle? Wayne << File: Hamden 445 9.2.05.JPG >> CDB Meeting Date: August 16, 2005 Case Number: FLD2005-05051 Agenda Item: F8 Owners/Applicants: DiVello Land Trust, Fulvio DiVello Trustee Representative: Housh Ghovaee, Northside Engineering Services, Inc. Address: 445 Hamden Drive and 504 South Gulfview Boulevard CITY OF CLEARWATER PLANNING DEPARTMENT STAFF REPORT BACKGROUND INFORMATION: ORIGINAL REQUEST: (1) Termination of Status of Nonconformity for density (111 overnight accommodation units existing to be converted to 83 dwelling units, where 53 dwelling units are permitted today), under the provisions of Section 6-109; (2) Flexible Development approval to permit 83 attached dwellings with reductions to the front (south along S. Gulfview Blvd.) setback from 15 feet to 10 feet (to pavement) and from 15 feet to zero feet (to trash staging area), reductions to the front (west along Hamden Drive) from 15 feet to 12.5 feet (to building and proposed pavement), from 15 feet to five feet (to existing pavement) and from 15 feet to zero feet (to trash staging area), reductions to the side (north) from 10 feet to three feet (to existing pavement) and from 10 feet to zero feet (to existing pool deck), an increase to building height from 35 feet to 100 feet (to roof deck) with an additional seven feet for perimeter parapets (from roof deck) and an additional 22.5 feet for elevator and stair towers (from roof deck) and a deviation to allow direct access to an arterial street, as a Comprehensive Infill Redevelopment Project, under the provisions of Section 2-803.C. EXISTING ZONING/ Tourist (T) District; Resort Facilities High (RFH) Category LAND USE: PROPERTY SIZE: 1.789 acres PROPERTY USE: Current Use: Overnight accommodation and office uses Proposed Use: Attached dwellings (83 condominiums) ADJACENT ZONING/ North: Tourist District/ Overnight accommodations LAND USES: East: Tourist and Preservation Districts/ Attached dwellings (under construction) and water South: Tourist District/ Overnight accommodations West: Tourist District/ Overnight accommodations Staff Report - Community Development Board - August 16, 2005 Case FLD2005-05051 - Page 1 of 11 CHARACTER OF THE IMMEDIATE VICINITY: Attached dwellings and overnight accommodation uses dominate the immediate vicinity. ANALYSIS: Site Location and Existing Conditions: This site of 1.789 acres is located at the northeast corner of Hamden Drive and South Gulfview Boulevard. This site was or developed as two separate overnight accommodation uses, but combined a number of years ago. The property is presently developed with two buildings (Building A - southern building; Building B - northern building). The southern building was constructed in 1974 and the northern building was constructed in 1988. The southern building (Building A) has a real estate office on the west side of the ground floor. The first floor of the northern building (Building B) has been developed with the business office for the motel and restaurant/banquet facilities. The property has an occupational license for 116 hotel units. Under current density provisions, the site could only be developed with a maximum of 72 hotel units/rooms or 53 dwelling units. The site is developed with 123 parking spaces, in either open, paved parking areas or on the ground floor under the northern building (Building B). On August 17, 2004, the Community Development Board (CDB) approved the Termination of Status of Nonconformity for density to allow the relocation of five hotel units/rooms from the southern to the northern building and the elimination of the accessory office and restaurant in the northern building (Case FLD2004-04023). The following conditions of approval were adopted by the CDB: 1. That a maximum of 111 total units/rooms be provided at this hotel/motel (including the owner/manager unit); 2. That the Florida Department of Business and Professional Regulation, Division of Hotels and Restaurants license and the City's occupational license be amended to reflect the change in number of units/rooms, prior to the issuance of the Certificate of Occupancy for the units in the northern building (Building B). Guest stays for both buildings shall not exceed 30 days (except the owner/manager unit). Units/rooms shall not qualify for homestead exemption or home or business occupational licenses; 3. That no more than one unit be leased for a non-hotel/motel business use on the west side of the southern building (Building A) and its use be limited to office-type uses; 4. That the final design and color of the modifications to both the southern and northern buildings be consistent with the conceptual elevations submitted to, or as modified by, the CDB; 5. That hedges and other landscaping (not including trees) on the northern portion of the site be maintained to a maximum height of three feet to provide continued views of the water by adjacent property owners and tenants/guests. Landscape materials along the north and east sides of the property shall be of a type that minimizes insect and maintenance debris impacts on the neighbor to the north. Landscape plans shall show compliance with these requirements prior to the issuance of building permits for the relocated units/rooms in the northern building (Building B); Staff Report - Community Development Board - August 16, 2005 Case FLD2005-05051 - Page 2 of 11 r a 6. That, prior to the issuance of permits for the northern building units, the Planning Department approve the Comprehensive Sign Program (SGN2004-07010). Installation and final inspection of signage under the Comprehensive Sign Program shall occur prior to the issuance of a Certificate of Occupancy for the relocated units in the northern building (Building B); and 7. That a Unity of Title be recorded in the public records prior to the issuance of any permits. Proposal: The applicant is requesting to Terminate the Status of a Nonconformity for density, for the purpose of converting these 111 overnight accommodation units/rooms to 83 dwelling units. The existing northern building will be converted through the combination of rooms to 31 dwelling units on five living floors. This existing northern building was damaged during the hurricanes last year, including interior wall damage due to water intrusion and removal of the roof decking and materials. The existing southern building will be demolished and replaced by a residential building of nine living floors over ground level parking. The existing southern building received some hurricane damage, but not to the extent of the northern building. Under the Termination of Status of Nonconformity provisions, there are four required improvements: 1. Installation of perimeter buffers. Perimeter buffers are not required in the Tourist District. 2. Improvement of off-street parking lots. The applicant is removing all existing improvements from the southern portion of the site and is providing parking that meets Code provisions. 3. Removal of nonconforming signs, outdoor lighting or other accessory structures. The applicant is removing the southern building and all other improvements on the southern portion of the site, except the pool and pool deck. Nonconforming signage will need to be removed as part of any approval. 4. Use of Comprehensive Sign Program and Comprehensive Landscape Programs to satisfy requirements. The Comprehensive Sign Program is not available under the Code to residential properties. The Comprehensive Landscape Program is not necessary with this proposal. The request is being processed as a Comprehensive Infill Redevelopment Project due primarily to a deviation to allow direct access to an arterial street. The height increase and setback reductions otherwise could have been a Flexible Development request for "attached dwellings." The criteria for attached dwellings prohibit direct access to an arterial street. South Gulfview Boulevard is an arterial street and the proposal provides driveway access to it, much as the existing overnight accommodation use presently also has a driveway to access this site. The proposal includes reductions to the front (south along South Gulfview Blvd.) setback from 15 feet to 10 feet (to pavement) and from 15 feet to zero feet (to trash staging area), reductions to the front (west along Hamden Drive) from 15 feet to 12.5 feet (to building and proposed pavement), from 15 feet to five feet (to existing pavement) and from 15 feet to zero feet (to trash staging area) and reductions to the side (north) from 10 feet to three feet (to existing pavement) and from 10 feet to zero feet (to existing pool deck). With the redesign of the southern portion of the site, the applicant is significantly increasing the amount of landscaping along South Gulfview Boulevard and Hamden Drive. The actual new building meets or exceeds the required front setback from Staff Report - Community Development Board - August 16, 2005 Case FLD2005-05051 - Page 3 of 11 • • both South Gulfview Boulevard and Hamden Drive. New parking spaces within this southern area are partially located under the building, with only the front of the spaces projecting from the building facade, at a front setback of 18.3 feet to South Gulfview Boulevard and a front setback of 12.5 feet to Hamden Drive. The applicant is proposing to cover the front of these spaces with an awning. The applicant is proposing to locate the corner of new open parking at a front setback from South Gulfview Boulevard at 10 feet, where 15 feet is required. Due to the angle of the property line and the parking lot design, approximately half of this parking space meets the required setback. New trash staging areas are located adjacent to the South Gulfview Boulevard and Hamden Drive rights-of-way at a zero-foot setback. Trash collection rooms are being provided on the ground floor within both the northern and southern buildings. Dumpsters will be rolled out to the staging area on collection days. The location of the trash staging areas within the front setback is necessary to eliminate the necessity of the trash truck coming on-site. Setback reductions otherwise are to existing parking areas on the northern portion of the site and to the existing pool deck. These existing "non-building structures" are being maintained in their present locations. The existing northern building will have six dwelling units per floor for Levels 3 - 6, with units ranging from 614 to 1,436 square feet of living area, and seven dwelling units on Level 2, with units ranging from 786 to 2,255 square feet of living area. The units proposed on Level 2 will be constructed essentially in the same layout as approved under FLD2004-04023 last year, with the addition of balconies to the east side of the building. The prior metal roofing material has been replaced with blue-black shingles. The existing exterior siding will be replaced with a stucco finish to match the proposed southern building. Otherwise, this northern building will be unchanged from that which exists today. As stated earlier, the existing southern building will be demolished and replaced by a new residential building of nine living floors over ground level parking. Units in the building are oriented on a diagonal to the site toward the intersection of Hamden Drive and South Gulfview Boulevard, with the main entrance to this building at the intersection, allowing maximum views of the water at the rear of the units. There are seven units per floor planned for Levels 2 - 5, five units per floor for Levels 6 - 9 and four units on Level 10 (penthouse level). Units will range between 1,561 square feet and 2,143 square feet. The building is stepped horizontally at Level 6, allowing the end units on Level 6 to have a deck area above the end units on Level 5. The building will have unit access along exterior walkways facing the street intersection or along Hamden Drive and South Gulfview Boulevard. The building will be of Mediterranean architecture, incorporating "tropical vernacular" themes, with barrel tile roofing over the entry feature and elevator and stair towers. There is a second level recreation deck with a gazebo planned connecting between the new southern building and the existing northern building. The existing pool and deck adjacent to the existing docks is being retained and incorporated into the site design. The proposal includes an increase to building height for the new, southern building from 35 feet to 100 feet (to roof deck) with an additional seven feet for perimeter parapets (from roof deck) and an additional 22.5 feet for elevator and stair towers (from roof deck). There are no changes to the height of 62 feet for the existing northern building. The proposed.height of the new, southern building is compatible and consistent with existing, under construction or approved projects surrounding this site. The building directly to the east (Harborview Grande, 514 South Gulfview Staff Report - Community Development Board - August 16, 2005 Case FLD2005-05051 - Page 4 of 11 0 s Boulevard), which is currently still under construction, was approved at 93 feet in height (midpoint of all roofs). The property to the south (Entrada, 521 South Gulfview Boulevard), which was approved by the CDB on January 18, 2005, (but not yet constructed) was approved at a height of 128 feet (to highest roof deck) with an additional 16 feet for the pinnacle facade focal point (from highest roof deck). The existing residential buildings in the 440 West complex to the southwest across South Gulfview Boulevard are 157 feet in height. The proposal includes an additional 22.5 feet for elevator and stair towers (measured from the roof deck at 100 feet above BFE). Code restricts these building elements to 16 feet as of right. While Staff has advertised this additional height, these building elements are excessive. There has been no justification submitted that requires these building elements at the proposed height. Based on other projects, the maximum height of the elevator and stair towers should be restricted to 16 feet above the roof deck. The site presently has 123 parking spaces. Based on the proposed change in use to 83 attached dwellings, 125 parking spaces are required. The applicant is providing 132 parking spaces. With the prior application, the applicant provided parking for the marina that was part of the property. The use of these slips is being changed with this application to accessory docks for sole use of the residents and their guests, which eliminates any additional parking requirement. Parking on the northern portion of the site will be unchanged from as it exists. The proposal includes the closing of the northernmost driveway on Hamden Drive, relocating driveway access to the existing northern building to align with the centerline of Coronado Drive. An existing driveway on Hamden Drive for the existing southern building will be closed with this proposal, as well as the westernmost driveway on South Gulfview Boulevard close to the intersection with Hamden Drive. The driveway access on South Gulfview Boulevard near the eastern property line is essentially in the same location as it exists today. The applicant is required to bring the site into full compliance with the requirements of the Landscape Code. The proposal includes augmenting the existing landscaped areas on the northern portion of the site where necessary to have continuous hedging where deficient. Complementary landscaping will be installed where the northernmost driveway on Hamden Drive is being removed. All landscaped area must be protected from vehicular traffic by curbing and wheel stops, including the existing northern parking area. Revised site and landscape plans will be required showing compliance with this requirement prior to the issuance of any permits. Part of the site design for the southern portion of the site is to provide a landscaped berm along South Gulfview Boulevard and Hamden Drive between the parking and building and the right-of-way line. A four-foot high retaining wall adjacent to the parking spaces will facilitate this berming. Significant landscape material will be installed along the street frontages of South Gulfview Boulevard and Hamden Drive on this southern portion of the site, which will have a considerable impact on the visual aesthetics at this intersection from the existing conditions. Foundation and interior landscaping requirements will be met with this proposal. The landscape plan must be revised prior to the issuance of any permits indicating the landscaping of the area at the intersection between the rights-of-way lines and the main sidewalk from the new southern building. While the northern portion of the site has existing landscaping along the perimeter and interior of the site, neighbors to the north and west have previously submitted letters outlining their concerns Staff Report - Community Development Board - August 16, 2005 Case FLD2005-05051 - Page 5 of 11 • s regarding the landscaping of this northern area. Their concerns dealt with the continued ability to view the water east of the subject property unobstructed by tall landscaping. Maintenance of the landscaping to a maximum height of three feet would continue to provide these views of the water, which is also sufficient to provide any necessary screening of views of the parking lot from the Hamden Drive right-of-way and from the motel to the north. Due to the proximity of a pool/spa on the motel property to the north, care should also be taken in the type of landscaping along the north and east (water) sides of the subject property to maintain water views, minimize negative impacts due to insects on the landscape material and to minimize debris due to maintenance of this landscape material. A condition of approval previously included under the prior approval should also be included in any approval of this request. Due to the change in use for this property, and the demolition of the existing southern building and the construction of a new southern building, all signage will be required to be brought into compliance with Code requirements for residential developments. The Comprehensive Sign Program is not available under the Code to residential properties. Therefore, the previous Comprehensive Sign Program (SGN2004-07010) will no longer be applicable. The maximum height in the Tourist District of a freestanding sign is four feet. Prior to the issuance of the first Certificate of Occupancy in the northern building, existing signage will be required to be brought into compliance with current Code requirements. All applicable Code requirements and criteria including, but not limited to, General Applicability criteria (Section 3-913) and Comprehensive Infill Redevelopment Project criteria (Section 2- 803.C) have been met. Code Enforcement Analysis: There are no outstanding enforcement issues associated with this site. Staff Report - Community Development Board - August 16, 2005 Case FLD2005-05051 - Page 6 of 11 • • COMPLIANCE WITH STANDARDS AND CRITERIA (Sections 2-801.1 and 2-803): STANDARD PROPOSED CONSISTENT INCONSISTENT DENSITY (40 83 dwelling units* X** rooms/acre max. - 72 rooms; 30 dwelling units/acre max. - 53 dwellings) (111 rooms existing) IMPERVIOUS 0.87 X SURFACE RATIO (ISR) (0.95 maximum LOT AREA (10,000 - 77,954 square feet (1.789 acres) X 20,000 square feet minimum LOT WIDTH (100 - Hamden Drive: 515 feet X 150 feet minimum S. Gulfview Blvd: 195 feet FRONT SETBACK Hamden Drive: 12.5 feet (to building X** (0 - 15 feet) and proposed pavement), five feet (to existing pavement) and zero feet (to trash staging area) S. Gulfview Blvd: 10 feet (to pavement) and zero feet (to trash staging area) REAR SETBACK N/A X SIDE SETBACK (0 - East: seven feet (to existing pavement) X** 10 feet) North: three feet (to existing pavement) and zero feet (to existing pool deck) HEIGHT (35 -100 Building _A (southern): 100 feet (to X** feet) roof deck) with an additional seven feet for perimeter parapets (from roof deck) and an additional 22.5 feet for elevator and stair towers (from roof deck) Building B (northern): 62 feet (existing) PARKING SPACES 132 spaces X (1.5 spaces per dwelling unit (125 spaces required) *Includes the Termination of Status of Nonconformity for 111 existing overnight accommodation units/rooms. **See discussion for reductions under Analysis. Staff Report - Community Development Board - August 16, 2005 Case FLD2005-05051 - Page 7 of 11 C • COMPLIANCE WITH COMPREHENSIVE INFILL REDEVELOPMENT PROJECT FLEXIBILITY CRITERIA (Section 2-803.C): Consistent Inconsistent 1. The development or redevelopment of the parcel proposed for X development is otherwise impractical without deviations from the use, intensity and development standards. 2. The development of the parcel proposed for development as. a X Comprehensive Infill Redevelopment Project will not reduce the fair market value of abutting properties. 3. The uses within the Comprehensive Infill Redevelopment Project are. X otherwise permitted in the City of Clearwater. 4. The use or mix of uses within the Comprehensive Infill X Redevelopment Project are compatible with adjacent land uses. 5. The development of the parcel proposed for development as a X Comprehensive Infill Redevelopment Project will upgrade the immediate vicinity of the parcel proposed for development. 6. The design of the proposed Comprehensive Infill Redevelopment X Project creates a form and function that enhances the community character of the immediate vicinity of the parcel proposed for development and the City of Clearwater as a whole. 7. Flexibility in regard to lot width, required setbacks, height and off- X street parking are justified by the benefits to community character and the immediate vicinity of the parcel proposed for development and the City of Clearwater as a whole. 8. Adequate off-street parking in the immediate vicinity according to the X shared parking formula in Division 14 of Article 3 will be available to avoid on-street parking in the immediate vicinity of the parcel proposed for development. 9. The design of all buildings complies with the Tourist District design X guidelines in Division 5 of Article 3. * See discussion under Analysis. COMPLIANCE WITH GENERAL STANDARDS Section 3-913): Consistent Inconsistent 1. Development of the land will be in harmony with the scale, bulk, X coverage, density and character of adjacent properties. 2. Development will not hinder or discourage development and use of X adjacent land and buildings or significantly impair the value thereof. 3. Development will not adversely affect the health or safety of persons X residing or working in the neighborhood. 4. Development is designed to minimize traffic congestion. X 5. Development is consistent with the community character of the X immediate vicinity. 6. Design of the proposed development minimizes adverse effects, X including visual, acoustic and olfactory and hours of operation impacts on adjacent properties. Staff Report - Community Development Board - August 16, 2005 Case FLD2005-05051 - Page 8 of 11 • FINDINGS OF FACT AND CONCLUSIONS OF LAW: FINDINGS OF FACT 1. The subject 1.789 acres is zoned Tourist District and has 515 feet of lot width along Hamden Drive and 195 feet of lot width along South Gulfview Boulevard; 2. The current use of the site is for 111 overnight accommodation units/rooms, which is nonconforming to current density limitations; 3. Based on current Land Use Category density limitations of 30 dwelling units per acre, the subject site may be redeveloped with a maximum of 53 dwelling units; 4. The proposal includes a request for Termination of Status of Nonconformity to allow the conversion of the 111 overnight accommodation units/rooms to 83 dwelling units on the property; 5. The existing northern building will be retained in its existing location and configuration, converting this building to 31 dwelling units, with changes to the exterior finish material from the existing siding to be replaced with a stucco finish to match the proposed southern building; 6. The applicant proposes to demolish the existing southern building and construct a new building with 52 dwelling units in a 10-Level residential building 100 feet in height, which is consistent and compatible with the developed, developing or approved character of surrounding properties; 7. All buildings meet required setbacks. Setback reductions requested are to non-building elements (pavement, trash staging areas and existing pool deck). Even with reductions requested, the landscape area is significantly increased over existing conditions on the southern portion of the site; 8. Parking provided meets and exceeds the minimum requirements of the Code; 9. The proposal reduces the number of driveways on Hamden Drive and South Gulfview Boulevard and represents an improvement over the existing conditions; 10. The proposal is compatible with the surrounding development, will enhance the character of the immediate vicinity and will improve the appearance of this site and the surrounding area; and 11. There are no active code enforcement cases for this property. CONCLUSIONS OF LAW 1. Staff concludes that the proposal complies with the Flexible Development criteria to Terminate the Status of Nonconformity for density per Section 6-109.C; 2. Staff concludes that the proposal complies with the Flexible Development criteria as a Comprehensive Infill Redevelopment Project per Section 2-803.C; 3. Staff further concludes that the proposal is in compliance with the General Applicability criteria per Section 3-913 and the other standards of the Code; and 4. Based on the above findings and proposed conditions, Staff recommends approval of this application. SUMMARY AND RECOMMENDATION: The Development Review Committee reviewed the application and supporting materials on June 30, 2005. The Planning Department recommends APPROVAL of the application for (1) Staff Report - Community Development Board - August 16, 2005 Case FLD2005-05051 - Page 9 of 11 0 r Termination of Status of Nonconformity for density (111 overnight accommodation units existing to be converted to 83 dwelling units, where 53 dwelling units are permitted today), under the provisions of Section 6-109; (2) Flexible Development application to permit 83 attached dwellings with reductions to the front (south along S. Gulfview Blvd.) setback from 15 feet to 10 feet (to pavement) and from 15 feet to zero feet (to trash staging area), reductions to the front (west along Hamden Drive) from 15 feet to 12.5 feet (to building and proposed pavement), from 15 feet to five feet (to existing pavement) and from 15 feet to zero feet (to trash staging area), reductions to the side (north) from 10 feet to three feet (to existing pavement) and from 10 feet to zero feet (to existing pool deck), an increase to building height from 35 feet to 100 feet (to roof deck) with an additional seven feet for perimeter parapets (from roof deck) and an additional 22.5 feet for elevator and stair towers (from roof deck) and a deviation to allow direct access to an arterial street, as a Comprehensive Infill Redevelopment Project, under the provisions of Section 2-803.C for the site at 445 Hamden Drive and 504 South Gulfview Boulevard, with the following bases and conditions: Bases for Approval: 1. The proposal complies with the Flexible Development criteria to Terminate the Status of Nonconformity for density per Section 6-109.C. 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 development is consistent and compatible with the surrounding area. Conditions of Approval: 1. That the final design and color of the buildings be consistent with the conceptual elevations submitted to, or as modified by, the CDB; 2. That a Unity of Title be recorded in the public records prior to the issuance of any permits; 3. That, prior to the issuance of the building permit for the new, southern building, building plans be revised to indicate the height of the elevator and stair towers a maximum of 16 feet above the roof deck; 4. That, prior to the issuance of any permits, cross sections of the stormwater treatment pond and revised drainage calculations demonstrating compliance with City Design Criteria be submitted, acceptable to the Engineering Department, and include the SWFWMD permit; 5. That boats moored at the existing dock, lifts and/or slips be for the exclusive use by the residents and/or guests of the condominiums and not be permitted to be sub-leased separately from the condominiums; 6. That hedges and other landscaping (not including trees) on the northern portion of the site be maintained to a maximum height of three feet to provide continued views of the water by adjacent property owners and tenants/guests. Landscape materials along the north and east sides of the property shall be of a type that minimizes insect and maintenance debris impacts on the neighbor to the north. Landscape plans shall show compliance with these requirements prior to the issuance of building permits for the relocated units/rooms in the northern building (Building B); Staff Report - Community Development Board - August 16, 2005 Case FLD2005-05051 - Page 10 of 11 7. That revised site and landscape plans be submitted showing all landscaped areas protected from vehicular traffic by curbing and wheel stops, including the existing northern parking area, prior to the issuance of any permits; 8. That the landscape plan be revised prior to the issuance of any permits to indicate landscaping of that area at the intersection between the rights-of-way lines and the main sidewalk from the new southern building; 9. That future signage meet the requirements of the Code and any freestanding sign be a monument-style sign a maximum four feet in height, designed to match the exterior materials and colors of the building. Prior to the issuance of the first Certificate of Occupancy in the northern building, existing signage must be brought into compliance with current Code requirements; 10. That all applicable requirements of Chapter 39 of the Building Code be met related to seawall setbacks; 11. That all proposed utilities (from the right-of-way to the proposed buildings) be placed underground; 12. That a condominium plat be recorded prior to the issuance of the first Certificate of Occupancy; 13. That all Parks and Recreation fees be paid prior to the issuance of any permits; and 14. That all Fire Department requirements be met prior to the issuance of any permits. Prepared by: Planning Department Staff: 1Vz4t'C Wayne . Wells, AICP, Planner III ATTACHMENTS: Location Map Aerial Map Zoning Map Existing Surrounding Uses Map Application Staff Report - Community Development Board - August 16, 2005 Case FLD2005-05051 - Page 11 of 11 0 0 Wells, Wayne From: Rice, Scott Sent: Thursday, August 11, 2005 11:19 AM To: Wells, Wayne Subject: FLD2005-05051 - 445 Hamden Wayne, Permit Plan has been updated on this application. Conditions of approval: Prior to issuance of a building permit, provide cross sections of stormwater treatment pond and calculations that demonstrate compliance with City of Clearwater Design Criteria. Prior to issuance of a building permit the applicant shall obtain a SWFWMD permit. The Transportation Impact Fee to be determined and paid prior to Certificate of Occupancy (Ordinance No. 86- 43, Section 150). D. Scott Rice Land DeveL Engr. 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As such, the City of Clearwater PWA/E mokes no -antles, egpressed or Implied, concerning the accuroey. rnmdeleneas. rdiablllty, or sultabtlRy of thls data for any other pmlauly use. furthermore, the CRT of Clearwater PWA/E assumes no liability whatsoever assodaled wllh the use of miwse of s en data. T This alias page Is wD? cE to perlodb anengo. yof Nfpmallon about lolefl revisions pl- colt PWA/E ar visit aw WeD site. N 0 100 200 400 600 SCALE: I' = 400' LEGEND: O BLOCK NUMBER N v 1234 LOT ADDRESS E71 EA ??--- CITY LIMITS LINE J0 r--l SHADED AREA - PROPERTY dg L--1 OUTSIDE CLEARWATER CITY LIMITS te29 28 • AGREEMENT TO ANNEX ? CITY OWNED PROPERTY MDR ZONING DESIGNATION ZONE LINE E foe 0 REVISED: 03/08/99 ZONING ATLAS SW 1/4 OF SECTION 2 76 A A 8 - 29S-15 E 0 f> - F o s? ? 76A 2768 rA e 6 7 ,>4 9 ? ,e CITY OF CLEARWATER Cd -- -- -- " -- ' -- -- -- -- -- ?- e r PmU mtFWMDA 1o A " ?1?I VAr Lb R AWL loan YAM ,?y 9 aae, ,6 ?• wa Co-op ? P PREPARED BY i e PUHIdC WORKS ADMINISTRATION ENGINEERING ? ? a 10tmDC1 CEFARNATER 22/02 , e e • 1 1 es9Np 19 PODIT ,pD s „ le , t e, Il 73756 7,y,?_ c Ph.: Ie13)562-1750,fos: (613)526-s735 yy a dg?r 20 TOWMMUSB ' I es r ?r 21 2 3 ?•r 22 QO-? h11p:IIrn"eclear?rpler-fLCaml<ngt`evI i a ` '>+ o < •eesd Os S 23 2d s N 25 1r2a 5 6 k i l BBL C , Distlalmer. ? 1 pip ``? 1 1T 23 7 0 LS Q 0 6 ?? 2 r C p 22 ' Pubile Mfwmatbn data Is fumithed by the City of Cleareoter Public Wprlte AdmhMration/Englneering, and mu91 De accepted d d t ll N t t 3 ?a z? 4 Ol $1 a dCd i0 ! Ol-8Aa r n rd? ?,! 20 H ( )' he re pkn an use w h he underoldndNg tool Inc data by eeeived wm collected far !ne vumott of deMOpt+ Me of Cl- mler graphic Infrastructure tnventwy As such the Cit + q /9 Jib ' 6 5 . , y -sad or Im mpkes no -hills sc smi Oed on it A S t 18 ? R A? 8 I 6 ' a 17 16 1 2 .?PL°r 1,.° w 'a 3 To p p , o c ng . " oeeuracy. Cpmbld-ess. rellabMly. of su11*111ty, of this data far any ether parlleulw ux. fwlhermare, the City of Clewwaler PWA/E a h t li bilit M d t .r 6 4 1, 6 6 ssumes m y w a a soever oss ole th he use or misuse of wclh data , i 9 . , I O 10 ii />Op3 12 i1 10 6 T i S 11 CONTINEVT eR e 9 Thie A11of page 1, aueject to periodic Mdnge>. fw hfor_11 n about hies! r,V.I ns please -11 PWA/E w TONERS 2 •? CONDO Mlt OW Web 31 d e-e rd 16 17 V $ , Q I IV ?` B 19 1 a »? 0 rr> i I z 2 r O 100 200 400 600 LJ 44. SCALE: 1" 600' J `p,>py r3f LEGEND: 0 I n., 156 e © BLOCK NUMBER ,?r N 00 1234 LOT ADDRESS P -- CITY LIMITS LINE --- o 1 - SHADED AREA -PROPERTY LOUTSIDE CLEARWATER CITY LIM TS ehl I figci? A AGREEMENT TO ANNEX ? CITY OWNED PROPERTY E I to MDR ZONING DESIGNATION d _ s op p`'f( ep? f >cvq ZONE LINE I G N ? r ? Iii A? ? t RIMME call qq yy rr i i r? 0 m 4388 M/67y,7 tl l r, vt E e J 'I !SAND KEY COUNTY PARK Q $ OS/R r o II ' y 23/01 I h r 1 , - -- I l I p REVISED: 3 ??f? `, ' zap :,p 03/08/99. Z ' ZONING ATLAS NW 1/4 OF SECTION A S 2 8 5 A ?294A 17 - 29 -15E ? - v . .? ? 7A 2678 ,q g 7p?ar - . CITY OF CLEARWATER it ? - _ ., • , , s s oov, (o Jv" AND VICINITY 2 : no 32/02 32/D3 PINEUAS COUNTY, FLORIDA a,e m 3 $ so "as >: 90 2 PREPARED BY s PUBIJC WORKS ADMINISTRATION FIRST STREET a4 3 WATER L07 A d S ENCINEERINC 7i9 100 & Myrtle Ave., Clewxoler, F( 33755 Pn.: .: (813)562-475D. Fa.: (673)526-1755 ° - n s0 e 4 M1p://xwx.cle.rxaler-lLCam/en9>^eer/ 5 01 ror 52 1 ` 6 96 7 m O 100 5 6 e 1 1 r 0 W N( D 53 99 m rrr Disclaimer: Public h1l)-ation data is fumfshed by the City of Clearwatef 7 7 .ti \ 1? ..7 M B Public Worko Administration/Engtnewing, and must be accepted and used by the redolent With the underetanding that the data received wad coll d r t th f e 54 tJ e 9 be. Trr- d/S tb? 2 y 7as a ec e w e purpose o deMODwg a oraphic Infrosbuclure invmlw As such the Cit of Cl t PWA E r 10 rte ?} > ? w 5 y. , y earwa er / makes no MwIOn U@s, arDreseed or 1lnpded. conoeming the \ tiv 11 102 ttr era e 1 9 4 It $ r) 12 accuracy. eomgetenns. rell.blIfty, ar suitability of Ihfl data for any other particular use Furthermore the Cit f Cl t \J' ?7 1° 13 (.? 14 R P ( \Q o,a. 1101.1.7 10 e4 53 52 ?QCo 'Ry ?'; $ 1S 16 17 to 19 I20 1 I 23 TI 25 2F 27 128 . , y o earwa er PWA mes no IlobAil use m1- of such data. Y wnatsoewr ossodaled wHh the w , ?` Y q e 11 10 5 I04 r 1(p ,?qqr--tre rM 51 $ C F $ I$ ; (fti 29 s tJp M NOTE' This A11 f b t r? p i 5Z 50 p R _ 12 ?' o Pe 49 D S1R? B 70 48 ?7 4t? :p II pIE Jg C ? 3 ? rJJ 30 ns pope s jee to perlodM cl+onges. To, Information about -1slonS ;I.. Ieo .;sIt ll a. our Web weo u con PWA/E w 7NE 105 "a Jpr 1 ? ao. tel 45 44 43 d2 4 40 !9 38 ?37 35 34 33I 32 31 N i' 05-1 105 804 9.J I'D I - 14 h sae 6D Jaa 4\I (E) 3 em 61 OB alt 1 to ' 16 Jra 1 9 .1. ft 4N Jfa err 62 1 0 J20 dy, t-2 1 Je 3 TA 0 100 200 400 600 63 't a1W sei 18 8IJ 6N SCALE: 1" _= 600' 1 64 1 ar e 19 11 Jtr 711. atr 3A eat are 65 20 114 ON am 4 IA PA<Y1tPPPJi 1.r 66 Jso ea 101 LEGEND: 15 ats 9 h ? rar 2t s1fs Jra 67 10 gy5 57 56 T Y 22 n6 R 4fJ 8 54 93 5T p E 43 42 48 47 46 45 It 4 1 R $ P ° 1 68 O BLOCK NUMBER 4/ 117 547 y . jc 5 5D 49 0 39 A E Dy,° k Jgt1 23 0 ' ?X A 38 ?. ` N ` S Jn 69 118 J4 7 T1 A; : ?Y E. $ E g ?! C 8 e 7 36 35 goo 24 Jer 70 119 Joe a0 eai 1 ° C°? s k 6 ?iNA1ER 0(gVE .$ 8A X34 33 8 1 s4r 2 $ C 9 A C= + $ ?a? 25 17 1 ' W 1234 LOT ADDRESS CITY LIMITS LINE ?? E 4r 1 4 V tJ 9 is, 71 120 Jaa 5 6 11 /2 NTIFA E $ 8 7 6 4e 9A 9 1 D '? 2 13 to 15 16 ON 7116 BAY pp a ,? ° 70 26 1 S FIFTH A 4 21 tO r771.1 SHADED AREA -PROPERTY 22 2J @° ?` aSo tOA ° ?e29 26% 4 .r 72 STREET J OUTSIDE CLEARWA TER CITY LIMITS A 121 e 1 2d 25 S s ' 1 $ D 2 48 27 73 172 12 IA T6 ? AGREEMENT TO ANNEX 7 r .e. ,Tw_1o> 105 4oe 2 28 74 $ r u51t ? a 3 ' CITY OWNED PROPERTY ? 4ro 4aa t ti t T9 ,,,g 7S 124 10 125 2 3 4 MDR ZONING DESIGNATION J 4 `f 30 76 (7 ° 5 6 I UB N A 4m ?. 14 /6 ae • 9 R B b° ?? 4 ' 7 . 17 .t 8.: 19 8 10 11 12 13 E' w 77 126 5 '? 4tD Ore [ 8 j ° 21 T2 w ZONE LINE V 51 7g 727 a 2 a 191 ?§ $ BAY9DE ? A 8 a 32 79 12BJJO efe 1 S A 4 3 10 % ? ?? "11 a r fs1A 2 1 OF 3 ? E e ? 2 4 5 BD 129 1p7 14 1 ` ? A 4 ? dqs E 37 6 7 B 9 10 11 12 13 14 15 e3'r 8 1T 11 10 ! O 420 4e' B7 130 A S M yaC ' ?9i?, p 34 131 d, S ° B2 ,? B a b 132 35 116 83 O 84 1 3 7 S 36 A40 g 134 E $ 3 ' $ 6 8 6 ° °4 F 97 4J 9 G 440 NEST 0 .F D CONDO r 0 ' 4 1 2sl 22-27 S ' 3 ; %, T q s 8 3 N j ° 3e 4 6 REVISED: tir 6 ??Y?AY>lyDRyq 7 03/08/99 6 6e-e4 ZONING ATLAS 10 LAI ? 285A SW 1 /4 OF SECTION 2 7 6 A . 2858 4 8 - 29 s - 15 E 0 • tf 0 • Wells, Wayne From: Wells, Wayne Sent: Monday, July 11, 2005 2:20 PM To: Doreen Williams (E-mail) Subject: FW: FLD2005-05051 - 445 Hamden Drive - REVISION 1 Doreen - Need to address ASAP. Wayne -----Original Message----- From: Rice, Scott Sent: Monday, July 11, 2005 2:19 PM To: Wells, Wayne c: Barker, Brian A.; Faessler, Heather; Maran, Robert (Bob) Subject: FLD2005-05051 - 445 Hamden Drive - REVISION 1 Wayne, Several issue remain to be resolved prior to scheduling this for CDB: Environmental 1. In no circumstance will vertical walls on detention ponds be permitted on more than two sides- revise plans and submit cross-sectional details with plan. 7/11/05 - SHOW THAT TWO SIDES OF THE POND WILL BE GRADED TO SLOPE AND PROVIDE CROSS-SECTIONS. 2. Provide calculations to satisfy City standard water quality treatment requirements for 1/2 inch of rainfall. 7/11/05 - FROM SHEET C3.1, IT APPEARS THAT THE POND HAS AN IRREGULAR SHAPE (TWO RECTANGLES APPROX. 25X 37AND 30'X 23'). THESE DIMENSIONS CONFLICT WITH SUBMITTED STORMWATER CALCULATIONS. Stormwater 2. There are two existing city storm drain pipes running through this site. Show size, type of pipe and invert elevations along with the easement description including O.R. Number. 7/11/05 - INSUFFICIENT RESPONSE. EASEMENT INFO ON 15-INCH PIPE NOT SUPPLIED OR NOT LEGIBLE, SUPPLY INVERT ELEVATIONS ON BOTH PIPES, IDENTIFY LOCATION, DIAMETER AND TYPE OF PIPE OF STORM DRAIN ALONG EASTERN PROPERTY BOUNDARY (16" CI WATER MAIN?). 3. From a site inspection it appears that the existing swimming pool and deck was built over the city storm drain. It is recommended that the applicant meet with the City Engineer to resolve this structural encroachment. 7/11/05 - THIS ENCROACHMENT OF THE POOL INTO THE EASEMENT WILL BE TOLERATED PROVIDED THE EXISTING STORM PIPE IS LINED WITH A CURED-IN-PLACE LINER. THIS NEEDS TO BE SHOWN ON THE DRAWINGS. A LETTER REQUESTING THAT THE ENCROACHMENT BE TOLERATED SHALL BE SUBMITTED TO THE CITY ENGINEER. 4. It appears that a raised deck is proposed over the existing city storm pipe that is north of the proposed condominium. This would not be acceptable as it presents a problem for maintenance or future replacement of the storm pipe. 7/11/05 - 15" RC PIPE SHALL BE REPLACED WITH 15" DI PIPE FROM STORM MANHOLE IN HAMDEN DRIVE ROW TO OUTLET. AS SHOWN ON THE DRAWINGS, THE "DECK" SHALL BE LIMITED TO A 9' WALKWAY. D. Scott Rice Land Deveh Engr. Manager 727-562-4781 scott.rice@MyClearwater.com Wells, Wayne From: Watkins, Sherry Sent: Monday, July 11, 2005 9:14 AM To: Wells, Wayne Subject: FW: FYI -----Original Message----- From: Blackburn, Anne Sent: Monday, July 11, 2005 8:03 AM To: Watkins, Sherry Subject: Hi Sherry, I finished with FLD2005-05051 for 445 Hamden Dr. and Fire's conditions are met. Thanks for all your help, Anne 0 0 Wells, Wayne From: Rice, Scott Sent: Monday, July 11, 2005 2:19 PM To: Wells, Wayne Cc: Barker, Brian A.; Faessler, Heather; Maran, Robert (Bob) Subject: FLD2005-05051 - 445 Hamden Drive - REVISION 1 Wayne, Several issue remain to be resolved prior to scheduling this for CDB: Environmental 1. In no circumstance will vertical walls on detention ponds be permitted on more than two sides- revise plans and submit cross-sectional details with plan. 7/11/05 - SHOW THAT TWO SIDES OF THE POND WILL BE GRADED TO SLOPE AND PROVIDE CROSS-SECTIONS. 2. Provide calculations to satisfy City standard water quality treatment requirements for 1/2 inch of rainfall. 7/11/05 - FROM SHEET C3.1, IT APPEARS THAT THE POND HAS AN IRREGULAR SHAPE (TWO RECTANGLES APPROX. 25'X 37' AND 30'X 23'). THESE DIMENSIONS CONFLICT WITH SUBMITTED STORMWATER CALCULATIONS. Stormwater 2. There are two existing city storm drain pipes running through this site. Show size, type of pipe and invert elevations along with the easement description including O.R. Number. 7/11/05 - INSUFFICIENT RESPONSE. EASEMENT INFO ON 15-INCH PIPE NOT SUPPLIED OR NOT LEGIBLE, SUPPLY INVERT ELEVATIONS ON BOTH PIPES, IDENTIFY LOCATION, DIAMETER AND TYPE OF PIPE OF STORM DRAIN ALONG EASTERN PROPERTY BOUNDARY (16" Cl WATER MAIN?). 3. From a site inspection it appears that the existing swimming pool and deck was built over the city storm drain. It is recommended that the applicant meet with the City Engineer to resolve this structural encroachment. 7/11/05 - THIS ENCROACHMENT OF THE POOL INTO THE EASEMENT WILL BE TOLERATED PROVIDED THE EXISTING STORM PIPE IS LINED WITH A CURED-IN-PLACE LINER. THIS NEEDS TO BE SHOWN ON THE DRAWINGS. A LETTER REQUESTING THAT THE ENCROACHMENT BE TOLERATED SHALL BE SUBMITTED TO THE CITY ENGINEER. 4. It appears that a raised deck is proposed over the existing city storm pipe that is north of the proposed condominium. This would not be acceptable as it presents a problem for maintenance or future replacement of the storm pipe. 7/11/05 - 15" RC PIPE SHALL BE REPLACED WITH 15" DI PIPE FROM STORM MANHOLE IN HAMDEN DRIVE ROW TO OUTLET. AS SHOWN ON THE DRAWINGS, THE "DECK" SHALL BE LIMITED TO A 9' WALKWAY. D. Scott Rice Land Devel. Engr. Manager 727-562-4781 scott.rice@MyClearwater.com • Wells, Wayne From: Watkins, Sherry Sent: Friday, July 08, 2005 12:45 PM To: Planning; DRC Members; Gluski, Roberta; Herman, Sandra; Hufford, Diane; Jeffries, Teresa A.; Pulizotto, Lynne; Reid, Debbie; Strong, Steve Subject: FW: Plans for the following cases have been resubmitted for the August 16, 2005, CDB meeting: Importance: High Good Afternoon, Case- FLD2005-05051- 445 Hamden Drive has arrived it is also in the same location Thank you Sherry Watkins -----Original Message----- From: Watkins, Sherry Sent: Friday, July 08, 2005 7:56 AM To: Planning; DRC Members; Gluski, Roberta; Herman, Sandra; Hufford, Diane; Jeffries, Teresa A.; Pulizotto, Lynne; Reid, Debbie; Strong, Steve Subject: Plans for the following cases have been resubmitted for the August 16, 2005, CDB meeting: Importance: High DRC Members, Plans for the following cases have been resubmitted for the August 16, 2005, CDB meeting: 1. FLD2005-05037 -1105 Druid Road Planner Wayne Wells 2. FLD2005-05046 - 700 Druid Road Planner Wayne Wells 3. FLD2005-05044 - 629 Bay Esplanade Planner Robert Tefft 4. FLD2005-05043 - 651 Bay Esplanade Planner Robert Tefft 5. FLD2005-05042 -1254 Grove Street Planner Robert Tefft 6. FLD2005-06052 -1415 San Juan Court Planner John Schodlter 7. FLD2005-05038 -1520 Saturn Avenue Planner Robert Tefft 8. LUZ2005-05009 -1532 S Highland Avenue Planner Mike Reynolds 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 12:00 pm on Tuesday, July 13, 2004. We also have 2 cases coming by noon today and Adams Mark & Opus due by Monday, July 11,2005 by Noon I will keep you up to date as those other 4 cases come in. Thank you and Have a great day, Sherry Watkins I 1:05 pm Case Number: FLD2005-0501 -- 445 HAMDEN DR 0 rap; 1%& ( Owner(s): Di Vello Land Trust 400 Island Way # 703 • Clearwater, F133767 TELEPHONE: No Phone, FAX: No Fax, E-MAIL: No Email PAC Representative: Northside Engineering Services Inc. ? 601 Cleveland Street Clearwater, F133755 TELEPHONE: 727-443-2869, FAX: 727-446-8036, E-MAIL: debra@northsideengineering.com Location: 1.79 acres located at the northeast corner of Hamden Drive and South Gulfview Boulevard. Atlas Page: 276A Zoning District: T, Tourist Request: Flexible Development approval to permit 83 attached dwellings and a 10-slip marina with reductions to the front (south along S. Gulfview Blvd.) setback from 15 feet to 10 feet (to pavement) and from 15 feet to zero feet (to trash staging area), reductions to the front (west along Hamden Drive) from 15 feet to 12.5 feet (to building and proposed pavement) and from 15 feet to 5.9 feet (to existing pavement), reductions to the side (north) from 10 feet to three feet (to existing pavement) and from 10 feet to zero feet (to existing pool deck), an increase to building height from 35 feet to 100 feet (to roof deck) with an additional xx feet for perimeter parapets (from roof deck) and a deviation to allow direct access to an arterial street, as a Comprehensive Infill Redevelopment Project, under the provisions of Section 2-803.C. Proposed Use: Attached dwellings Neighborhood Clearwater Neighborhoods Coalition Association(s): Clearwater, Fl 33761 2544 Frisco Drive TELEPHONE: 727-725-3345, FAX: No Fax, E-MAIL: Djw@gte.net Neighborhood Clearwater Beach Association Association(s): Clearwater, F133767 100 Devon Dr TELEPHONE: 443-2168, FAX: No Fax, E-MAIL: papamurphy@aol.com Presenter: Wayne Wells, Planner III Attendees Included: City Staff: Wayne Wells, Neil Thompson, Scott Rice, Ann Downs-Blackburn Applicant/Rep: Housh Ghovaee, Doreen Williams, Patti Stough, Fulvio Divello, Mark Jenson Other: Norma Carlough The DRC reviewed this application with the following comments: General Engineering: 1 . The following to be addressed prior to building permit: 1. Any new concrete driveway apron(s) constructed within the right-of-way shall be a minimum 6" thick fibrous concrete, and a minimum 3000 psi with 6" x 6" / 10 x 10 w.w.f. [sidewalks shall NOT to be constructed within this apron area(s)]. 2. A separate right-of-way permit will be required for all work within the right-of-way of any of the adjacent street(s) that are assigned to the city. See Don Melone (727) 562-4798 in Room #220 at the MSB (Municipal Services Building). 3. Doghouse manhole shall be installed on slab either poured in place or precast under existing sewer line. 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. In no circumstance will vertical walls on detention ponds be permitted on more than two sides- revise plans and submit cross-sectional details with plan. 2. Provide calculations to satisfy City standard water quality treatment requirements for 1/2 inch of rainfall. Fire: Development Review Agenda - Thursday, June 30, 2005 - Page 29 1 , This DRC Review by Fire is not an aproval or review of any constr1 ion plans or documents other than site work. 2. Where underground water mains and hydrants are to be installed, they shall be installed, completed and in service prior to construction as per NFPA-241. Please respond PRIOR TO CDB. 3. NOTE: Preliminary plans for building indicated a high rise building. As such the building will have to meet all the fire code requirements for a high rise building including fire command room, pressurized stairwells, elevator lobbies, fire alarm with voice evacuation, fire fight8r " phones, etc. Please respond to this comment PRIOR TO CDB. 4. Show on the plans a hydrant on the same side of the street, withing 300 ft of the most remote point of the building for fire fighting purposes, in addition to the hydrant dedicated to the sprinkler system. PRIOR TO CDB. 5 , Detail of 'water connection detail' on page C3.1 of the Grading, Drainage, and Utilities Site Plan does not match the plan on the same page. Please provide corrected plan with detail in agreement PRIOR TO CDB. Harbor Master: 1 . Planning had received a complaint of live aboards at this property. This hotel has had two Commercial docks that have done fishing charters in the past. The have no legal live aboard slips. City Ordinance Section 33.054 prohibits live aboards at any location within the city in excess of 72 hours with some noted exceptions that require pump out facilities and the site being designated a Marina Facility as of October 13, 1985, for which conditional use approval would be required. If they are allowing live aboards, it is a code violation and should be handled accordingly. Past management has been agreeable to monitor, where weekends have been a problem when the family gets a room and their kids stay on the boat (particularly during spring break). With no changes to the dock, in light of this ordinance, the best they could get is a temporary permit to live aboard for 15 days and there are a list of requirements that have to be met. J Legal: 1 . No issues. / Land Resources: v/ 1 . No Issues. Landscaping: 0 Landscape plans should be showing compliance with the previously approved condition on FLD2004-04023: That hedges and other landscaping (not including trees) on the northern portion of the site be maintained to a maximum height of three feet to provide continued views of the water by adjacent property owners and tenants/guests. Landscape materials along the north and east sides of the property shall be of a type that minimizes insect and maintenance debris impacts on the neighbor to the north. Landscape plans shall show compliance with these requirements prior to the issuance of building permits for the relocated units/rooms in the northern building (Building B); 2 . Sheets L-1 and IR-1 - Coordinate sidewalks and landscaping at the intersection of Hamden Drive and S. Gulfview Blvd., as the sidewalks are shown differently on Sheet C2.2. 3. Per Section 3-1202.E.I Code requires a minimum of 10% interior green space of gross vehicular use area (area not under Buildings A or B). Provide in the Site Data table on Sheet C1.1 the eixsting, proposed and required amounts of interior green space. With 27,628 square feet of vehicular use area, a minimum of 2,763 square feet of interior green space is required to be provided. Ensure interior green space areas being calculated toward this requirement are indicated with cross hatching or shading with the square footages of each area on Sheet C2.1. J 4. Sheet L-1 - Landscaping on east side of southern portion of the site is either being shown to be planted off-site or the landscape area is greater in width than that proposed on Sheet C2.1. Revise/coordinate. J 5 . Sheet L-1 indicates shell adjacent to the seawall along the east side of the property. Section 3-12043 only permits inorganic mulch, such as gravel or rock, to be used where washouts occur. Unless this can be documented, then this eastern portion must be replaced with materials permited by Code. Per Section 3-1204.D. all landscaping must be protected from vehicular and pedestrian traffic by the installation of curbing and wheel stops, or other protective devices along the perimeter of any landscaping which adjoins vehicular use areas and sidewalks. These protective devices shall have a minimum height of six inches above grade. Include northern portion of site. Development Review Agenda - Thursday, June 30, 2005 - Page 30 Parks and Recreation: . • 1 . Open space/recreation impact fees are due prior to issuance of building permits or final plat (if applicable) whichever occurs first. These fees could be substantial and it is recommended that you contact Art Kader at 727-562-4824 to calculate the assessment. Stormwater: Prior to CDB: 1. The site plan is to properly address section E (Stormwater Plan Submittal). The plan does not depict 50 foot of adjacent topography to the east and north of the site. 2. There are two existing city storm drain pipes running through this site. Show size, type of pipe and invert elevations along with the easement description including O.R. Number. 3. From a site inspection it appears that the existing swimming pool and deck was built over the city storm drain. It is recommended that the applicant meet with the City Engineer to resolve this structural encroachment. 4. It appears that a raised deck is proposed over the existing city storm pipe that is north of the proposed condominium. This would not be acceptable as it presents a problem for maintenance or future replacement of the storm pipe. 5. Prior to issuance of a building permit the applicant is to obtain a SWFWMD permit. Solid Waste: 1 . Address how both trash pickup and recycling will be handled. No areas for recycling indicated. Trash staging area is not acceptable (right at street intersection). Prefer a Hamden Drive location for the trash staging area. Revise. Traffic Engineering: 1 . 1. All drive aisle with two way traffic must be 24' wide. 2. Parking garage vertical clear height must be 8' 2' at entrance, exit and the route leading to the H/C van parking space. 3. H/C parking spaces in Phase I building do not comply with City's H/C standard. (Accessible aisle must be 5 ft. wide.) 4. Remove any columns that encroach into the minimum standard parking space i.e. parking spaces must be 9' wide by 19' long clear of any objects. All of the above to be addressed prior to CDB. The following to be addressed prior to building permit: 1. Provide handicap parking stall and sign details compliant with City's standard. (Part C Section 100, Index No. 118) General note: The Transportation Impact Fee to be determined and paid prior to Certificate of Occupancy (Ordinance No. 86-43, Section 150) Planning: Development Review Agenda - Thursday, June 30, 2005 - Page 31 6/9/05 & 6/2/05 -0 • Revise Page 1 of the application to indicate 83 attached dwelling units as the proposed use. Provide the parcel size on Page 1. )2. 6/9/05 & 6/2/05 - WW The proposal appears to propose a four-walled retention pond of a depth of 2.5 feet. Will there be any required fencing of the pond, and if so, what is proposed? )3. 6/9/05 & 6/2/05 - WW Provide the existing/proposed setbacks for Phase 1 within the site data table on Sheet C1.1 and I on Sheet C2.1. r/ 4. 6/9/05 & 6/2/05 - WW Provide the Official Records Book and page numbers of all existing utility easements. J5. 6/9/05 & 6/2/05 - WW The retention pond on the landscape plan Sheet L-1 is different than that shown on Sheet C2.1. Revise. J6. 6/9/05 & 6/2/05 - WW Ensure the building elevations are complete for the new Building A, as they are incomplete at certain elevations and at the ground elevation (no columns shown). This makes it very difficult to understand the proposal when incomplete. J 7. 6/9/05 & 6/2/05 - WW Prior use was for overnight accommodations. A Comprehensive Sign Program (CSP) was approved through the CDB for certain signage. With the change to residential, all signage will be required to be brought into conformance with Residential standards (freestanding signage cannot exceed four feet in height; not the six feet approved through the CSP). There also appears to be attached signage on Building B on the awning, based on the elevations, as well as Building A a the top of the stair towers. Indicate what is proposed with this application or remove signage from elevations. 8O 6/9/05 & 6/2/05 - WW Application will need to include a deviation to the following attached dwelling criteria: "The use of the parcel proposed for development will not involve direct access to an arterial street;" 9Q 6/9/05 & 6/2/05 - WW Proposal will need to show compliance with the following attached dwelling criteria for both buildings (or need to request deviation from): "Off-street parking within the footprint of the residential building is designed and constructed to create a street level facade comparable to the architectural character and finishes of a residential building without parking on the ground level." 10 ; 6/9/05 - WW Clarify on the site data table the heights for Building A and Building B. Revise and/or clarify on Sheet C-1 the building heights for Building A and Building B, measured from BFE. Indicate the height of the proposed parapets and the height of the elevator/stair towers (from roof deck to top of parapet or tower) on the elevations and in the site data table. Also indicate the height of each floor on the elevations. 6/2/05 - WW Provide the building height to the midpoint of the pitched roof for the existing Building B in the r site data table on Sheet C1.1. i l l . Provide the vehicular use area in the site data table on Sheet C1.1 based on those paved areas outside of or not under the existing and proposed building. Provide the required 10% interior landscape area. Crosshatch or shade the areas being counted toward interior landscape area on the site plan Sheet C2.1 or other appropriate sheets. 12. Provide the proposed building coverage. 13 . Sheet C2.1 - Plan indicates a sliding gate on the southeast side of Building A, but the depiction is of a swing gate. Revise. 14 . Sheet C2.1 - Plan indicates a four-foot high landscape wall along a portion of Hamden Drive. Plan is not clear as to where the wall begins and ends. If a wall is proposed to screen the under building parking, then the wall should be placed close to the building with landscaping on the outside. If a wall is proposed, then it should be constructed along the building or parking spaces for both buildings along both Hamden Drive and S. Gulfview Blvd for consistency purposes. Landscape plan doesn't indicate any wall. Provide a detail of what the wall will look like. J15. There is a raised recreational deck over a portion of the parking between Buildings A and B, with stairs from the pool area. According to the Plans Reviewers in Development Services Department, this raised recreational deck will be required to meet ADA/Fair Housing requirement for accessibility (elevator access). Advise/revise. Development Review Agenda - Thursday, June 30, 2005 - Page 32 6 . Sheet C2.1 - With tTie raised recreational deck between Buildings A 913, there are stairs from the ground accessing the deck on the east side. It is unclear how these stairs relate to other ground improvements, such as sidewalks or the pool deck, as landscaping shown on Sheet L-1 precludes such access to the stairs. Advise/revise all appropriate sheets. 17 Show the required sidewalk from the stairs on the south side of Building A on all appropriate sheets. 18. Sheet L-1 - This sheet indicates 133 parking spaces required in a note a the bottom of the sheet. This note is confusing as to the information portrayed. Remove. Also, on the drawing at the upper left corner it indicates 135 spaces provided, yet this conflicts with that indicated on Sheet C 1.1. Remove. Sheet L-1 is indicating a retaining wall on the south and west sides of Building A, yet the grading plan Sheet C3.1 doesn't indicate such. Provide details/cross sections to clearly identify what is proposed in these locations. J 20 . Sheet C1.1 - Revise the Site Data table for existing parking from 97 spaces to 123 spaces. J21 . Floor Plans for Building A - Revise "5th to 8th Floor Plan" to "6th to 8th Floor Plan." Provide the unit square footages for dwelling units in both buildings. 23 . Sheets C2.1 and C3.1 - On the plan within the building outline where it states "(Bldg. B) Ex 6-story to remain (D.O. issued)," remove the verbiage "(D.O. issued)" as the prior development order was for overnight accommodations, which has no bearing on this proposal. 124. Indicate the location of the marina parking and show/indicate how these spaces access the dock. 25. Sheet C2.1 - indicate the width of drive aisles, parking stall lengths and parking stall widths for the northern portion of the site. .?? Indicate on Sheet C2.1 the removal of pavement within the right-of-way and back to the first parking space for the existing northern driveway on Hamden Drive, to be consistent with that shown on Sheet L-1. 27 Sheet C2.1 - Indicate the removal of the existing southern driveway on Hamden Drive and the partially removed driveway on S. Gulfview Blvd. close to the intersection. Remove any portion of the easternmost driveway on S. Gulfview Blvd. that will not be used as part of this redevelopment (driveway is presently closer to the east property line). 28. Sheet C2.1 - Plan indicates "10 proposed boat slips." Change "proposed" to "existing." 129. Unclear why a sliding gate is indicated on the south side of Building A, but there are no other gates being proposed to restrict access. J 30. With the existing development of the two buildings, the buildings relate to each other through siding, roof materials and colors of exterior finish materials. With this proposal, is there any attempt to have these two buildings have the same roof materials and/or color of roof materials, as Building A is proposed with barrel tile (buttercup blend) and Building B is proposed with blue-black shingles? J31 . Building elevations for Building A present an appearance of inconsistent window sizes and styles. Arched windows are only proposed on the fourth level on the west side and do not line up with any windows on Levels 1 - 3. Bay windows don't seem to fit with the majority of the windows proposed and appear "pasted" on. Doors with arched window above also seem ill-fitted, where a smaller window similar to most windows (long vertical window with smaller window above) would be a better fit and provide continuity to the building design. Arches on the ground level, only seen in Elevation 2 on Sheet C-1, don't seem to relate to anything of the rest of the building. There appears to be an arch under the gable roof over the main entrance, seen in Elevation 2 on Sheet C-1, that isn't shown in the colored perspective drawing. Building elevations are confusing, since they are incomplete. JY2 . Unclear what elevation is portrayed in Elevation 2 on Sheet C-1. Is this the NW elevation? 33 . Indicate on Sheets C-1 and C-2 the materials and colors of the exterior finishes for both buildings. J34 . Are awnings proposed on Building B? If so, what color and material is proposed? If so and only on the first living level, why not the entire building? Or, why only on the first living level? J35. Railings on the fifth level for the decks for the end units are inconsistent for the east and west elevations, and use two different materials. Railings on the top of the 9th floor are also the same way. Railings for the rear balconies have horizontal members rather than vertical. From an appearance standpoint, railings should all be vertical and should be consistent in their design. J36. Regarding the 8.5"x11" floor plans submitted, there are two different floor plans submitted for the penthouse, 9th floor. Which one is correct (three or four units)? If four units, what is meant by Unit D "1200 w/ loft," since there is no loft indicated on the building elevations? Is the roof of the penthouse, 9th floor a common recreational element? Development Review Agenda - Thursday, June 30, 2005 - Page 33 J37. Color samples don appear to be correct, as the pink hibiscus looks yellow. Submit better color samples. J38. Revise Exhibit A for "description of request" - The proposal is to demolish the existing southern building only. A new southern building (Building A) for attached dwellings with 52 units is proposed and the northern existing building (Building B) will be remodeled and converted to 31 attached dwelling units. Under FLD2004-04023, that proposal was not to construct 111 rooms, but to relocate five rooms from the southern building to the northern building. Include all reductions, increases and deviations as part of the request. Under FLD2004-04023 the Termination of Nonconforming density was approved. This proposal is to convert the terminated density of hotel rooms to dwelling units. Revise. 39 . General Applicability criteria #1 - Provide a detailed analysis of how this proposal "will be in harmony with the scale, bulk, coverage, density and character of adjacent properties." Be sure of the directions (north, west, etc.) of other projects, as presently stated the directions are incorrect. I am unaware of any adjacent project "rising as high as 150'." 40 General Applicability criteria #3 - Unclear what "enhanced lighting" this proposal is installing that will make the area safer, since it has been indicated that only under building lighting is proposed. Revise. 41 . General Applicability criteria #4 - Provide a detailed analysis as to how this proposed development will "minimize traffic congestion." Unclear of the statement that the number of units are being reduced, since the proposal is to convert from hotel to attached dwellings. The trip generation rates and time of day generation is different for attached dwellings than overnight accommodations. How will the reconstruction of the "ingress/egress" minimize traffic congestion? Be specific. The restaurant and meeting rooms were eliminated under the prior approval, not under this proposal. General Applicability criteria #4 - Provide a detailed analysis as to how this proposed development will be "consistent with the community character of the immediate vicinity." Unclear as to what is meant by "further south," since beyond the property to the south is the Gulf of Mexico. Is the proposed building "mediterranean" in style? J43 . General Applicability criteria #6 - The restaurant and meeting rooms were eliminated under the prior request, not with this proposal. /44. Comprehensive Infill Redevelopment Project criteria #1 - Provide a detailed analysis as to how this proposed development "is otherwise impractical without deviations from the use, intensity and development standards." Why can't Code setbacks, etc. be met? Since the valuation of the improvements for this project exceed 25% of the current building value, based on the Property Appraiser, all parking and landscaping are to be brought into full compliance with Code provisions, which includes setbacks. /45. Comprehensive Infill Redevelopment Project criteria #6 - Provide a detailed analysis as to how this proposed development will "upgrade the immediate vicinity." Provide specifics. J46 . Comprehensive Infill Redevelopment Project criteria #7 - Provide a detailed analysis as to how this proposed development "creates a form and function that enhances the community character of the immediate vicinity of the parcel proposed for development and the City of Clearwater as a whole." Be specific. Unclear how the second sentence assists in answering the criteria, since all parking and retention are required to be on-site and exist as such today with the present development. J47 . Comprehensive Infill Redevelopment Project criteria #8 - Provide a detailed analysis as to how "flexibility" for this proposed development "in regard to...required setbacks, height... are justified by the benefits to community character and the immediate vicinity of the parcel proposed for development and the City of Clearwater as a whole." 48. Comprehensive Infill Redevelopment Project criteria #10 - Provide a detailed analysis as to how the project complies with Beach by Design design guidelines. An analysis was provided with the original submittal date stamped in on May 26, 2005, but was not included in the resubmission date stamped in on June 7, 2005. Other: No Comments Notes: To be placed on the 8/16/05 CDB agenda, submit 15 collated copies of the revised plans & application material addressing all above departments' comments by noon, 7/7/05. Packets shall be collated, folded and stapled as appropriate. Development Review Agenda - Thursday, June 30, 2005 - Page 34 1:05 pm Case Number: FLD2005-050P1 -- 445 HAMDEN DR 1 0 Dft" Owner(s): Di Vello Land Y rust 400 Island Way # 703 Clearwater, F133767 TELEPHONE: No Phone, FAX: No Fax, E-MAIL: No Email Representative: Northside Engineering Services Inc. 601 Cleveland Street Clearwater, FI 33755 TELEPHONE: 727-443-2869, FAX: 727-446-8036, E-MAIL: debra@northsideengineering.com Location: 1.79 acres located at the northeast corner of Hamden Drive and South Gulfview Boulevard. Atlas Page: 276A Zoning District: T, Tourist Request: Flexible Development approval to permit 83 attached dwellings and a 10-slip marina with reductions to the front (south along S. Gulfview Blvd.) setback from 15 feet to 10 feet (to pavement) and from 15 feet to zero feet (to trash staging area), reductions to the front (west along Hamden Drive) from 15 feet to 12.5 feet (to building and proposed pavement) and from 15 feet to 5.9 feet (to existing pavement), reductions to the side (north) from 10 feet to three feet (to existing pavement) and from 10 feet to zero feet (to existing pool deck), an increase to building height from 35 feet to 100 feet (to roof deck) with an additional xx feet for perimeter parapets (from roof deck) and a deviation to allow direct access to an arterial street, as a Comprehensive Infill Redevelopment Project, under the provisions of Section 2-803.C. Proposed Use: Attached dwellings Neighborhood Clearwater Neighborhoods Coalition Association(s): Clearwater, F133761 2544 Frisco Drive TELEPHONE: 727-725-3345, FAX: No Fax, E-MAIL: Djw@gte.net Neighborhood Clearwater Beach Association Association(s): Clearwater, Fl 33767 100 Devon Dr TELEPHONE: 443-2168, FAX: No Fax, E-MAIL: papamurphy@aol.com Presenter: Wayne Wells, Planner III Attendees Included: City Staff: Wayne Wells, Neil Thompson, Scott Rice, Ann Blackburn Applicant/Rep: Housh Ghovaee, Doreen Williams, Patti Stough The DRC reviewed this application with the following comments: General Engineering: 1 . The following to be addressed prior to building permit: 1. Any new concrete driveway apron(s) constructed within the right-of-way shall be a minimum 6" thick fibrous concrete, and a minimum 3000 psi with 6" x 6" / 10 x 10 w.w.f. [sidewalks shall NOT to be constructed within this apron area(s)]. 2. A separate right-of-way permit will be required for all work within the right-of-way of any of the adjacent street(s) that are assigned to the city. See Don Melone (727) 562-4798 in Room #220 at the MSB (Municipal Services Building). 3. Doghouse manhole shall be installed on slab either poured in place or precast under existing sewer line. 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. In no circumstance will vertical walls on detention ponds be permitted on more than two sides- revise plans and submit cross-sectional details with plan. 2. Provide calculations to satisfy City standard water quality treatment requirements for 1/2 inch of rainfall. Fire: Development Review Agenda - Thursday, June 30, 2005 - Page 32 1 . This DRC Review by Fire is not an aproval or review of any construe ion plans or documents other than site work. 2. Where underground water mains and hydrants are to be installed, they shall be installed, completed and in service prior to construction as per NFPA-241. Please respond PRIOR TO CDB. 3 . NOTE: Preliminary plans for building indicated a high rise building. As such the building will have to meet all the fire code requirements for a high rise building including fire command room, pressurized stairwells, elevator lobbies, fire alarm with voice evacuation, fire fighter phones, etc. Please respond to this comment PRIOR TO CDB. 4. Show on the plans a hydrant on the same side of the street, withing 300 ft of the most remote point of the building for fire fighting purposes, in addition to the hydrant dedicated to the sprinkler system. PRIOR TO CDB. 5 . Detail of 'water connection detail' on page C3.1 of the Grading, Drainage, and Utilities Site Plan does not match the plan on the same page. Please provide corrected plan with detail in agreement PRIOR TO CDB. Harbor Master: 1 . Planning had received a complaint of live aboards at this property. This hotel has had two Commercial docks that have done fishing charters in the past. The have no legal live aboard slips. City Ordinance Section 33.054 prohibits live aboards at any location within the city in excess of 72 hours with some noted exceptions that require pump out facilities and the site being designated a Marina Facility as of October 13, 1985, for which conditional use approval would be required. If they are allowing live aboards, it is a code violation and should be handled accordingly. Past management has been agreeable to monitor, where weekends have been a problem when the family gets a room and their kids stay on the boat (particularly during spring break). With no changes to the dock, in light of this ordinance, the best they could get is a temporary permit to live aboard for 15 days and there are a list of requirements that have to be met. Legal: 1 No issues. Land Resources: 1 . No Issues. Landscaping: 1 . Landscape plans should be showing compliance with the previously approved condition on FLD2004-04023: That hedges and other landscaping (not including trees) on the northern portion of the site be maintained to a maximum height of three feet to provide continued views of the water by adjacent property owners and tenants/guests. Landscape materials along the north and east sides of the property shall be of a type that minimizes insect and maintenance debris impacts on the neighbor to the north. Landscape plans shall show compliance with these requirements prior to the issuance of building permits for the relocated units/rooms in the northern building (Building B); 2. Sheets L-1 and IR-1 - Coordinate sidewalks and landscaping at the intersection of Hamden Drive and S. Gulfview Blvd., as the sidewalks are shown differently on Sheet C2.2. 3 . Per Section 3-1202.E.1 Code requires a minimum of 10% interior green space of gross vehicular use area (area not under Buildings A or B). Provide in the Site Data table on Sheet C1.1 the eixsting, proposed and required amounts of interior green space. With 27,628 square feet of vehicular use area, a minimum of 2,763 square feet of interior green space is required to be provided. Ensure interior green space areas being calculated toward this requirement are indicated with cross hatching or shading with the square footages of each area on Sheet C2.1. 4. Sheet L-1 - Landscaping on east side of southern portion of the site is either being shown to be planted off-site or the landscape area is greater in width than that proposed on Sheet C2.1. Revise/coordinate. 5 . Sheet L-1 indicates shell adjacent to the seawall along the east side of the property. Section 3-1204.13 only permits inorganic mulch, such as gravel or rock, to be used where washouts occur. Unless this can be documented, then this eastern portion must be replaced with materials permited by Code. 6. Per Section 3-1204.D. all landscaping must be protected from vehicular and pedestrian traffic by the installation of curbing and wheel stops, or other protective devices along the perimeter of any landscaping which adjoins vehicular use areas and sidewalks. These protective devices shall have a minimum height of six inches above grade. Include northern portion of site. Development Review Agenda - Thursday, June 30, 2005 - Page 33 Parks and Recreation: 1 . Open space/recreation impact fees are due prior to issuance of building permits or final plat (if applicable) whichever occurs first. These fees could be substantial and it is recommended that you contact Art Kader at 727-562-4824 to calculate the assessment. Stormwater: 1 . Prior to CDB: 1. The site plan is to properly address section E (Stormwater Plan Submittal). The plan does not depict 50 foot of adjacent topography to the east and north of the site. 2. There are two existing city storm drain pipes running through this site. Show size, type of pipe and invert elevations along with the easement description including O.R. Number. 3. From a site inspection it appears that the existing swimming pool and deck was built over the city storm drain. It is recommended that the applicant meet with the City Engineer to resolve this structural encroachment. 4. It appears that a raised deck is proposed over the existing city storm pipe that is north of the proposed condominium. This would not be acceptable as it presents a problem for maintenance or future replacement of the storm pipe. 5. Prior to issuance of a building permit the applicant is to obtain a SWFWMD permit. Solid Waste: 1 . Address how both trash pickup and recycling will be handled. No areas for recycling indicated. Trash staging area is not acceptable (right at street intersection). Prefer a Hamden Drive location for the trash staging area. Revise. Traffic Engineering: 1 . 1. All drive aisle with two way traffic must be 24' wide. 2. Parking garage vertical clear height must be 8' 2' at entrance, exit and the route leading to the H/C van parking space. 3. H/C parking spaces in Phase I building do not comply with City's H/C standard. (Accessible aisle must be 5 ft. wide.) 4. Remove any columns that encroach into the minimum standard parking space i.e. parking spaces must be 9' wide by 19' long clear of any objects. All of the above to be addressed prior to CDB. The following to be addressed prior to building permit: 1. Provide handicap parking stall and sign details compliant with City's standard. (Part C Section 100, Index No. 118) General note: The Transportation Impact Fee to be determined and paid prior to Certificate of Occupancy (Ordinance No. 86-43, Section 150) Planning: Development Review Agenda - Thursday, June 30, 2005 - Page 34 1 . 6/9/05 & 6/2/05 - 0 • Revise Page 1 of the application to indicate 83 attached dwelling units as the proposed use. Provide the parcel size on Page 1. 2. 6/9/05 & 6/2/05 - WW The proposal appears to propose a four-walled retention pond of a depth of 2.5 feet. Will there be any required fencing of the pond, and if so, what is proposed? 3 . 6/9/05 & 6/2/05 - WW Provide the existing/proposed setbacks for Phase 1 within the site data table on Sheet C1.1 and on Sheet C2.1. 4. 6/9/05 & 6/2/05 - WW Provide the Official Records Book and page numbers of all existing utility easements. 5 . 6/9/05 & 6/2/05 - WW The retention pond on the landscape plan Sheet L-1 is different than that shown on Sheet C2.1. Revise. 6. 6/9/05 & 6/2/05 - WW Ensure the building elevations are complete for the new Building A, as they are incomplete at certain elevations and at the ground elevation (no columns shown). This makes it very difficult to understand the proposal when incomplete. 7. 6/9/05 & 6/2/05 - WW Prior use was for overnight accommodations. A Comprehensive Sign Program (CSP) was approved through the CDB for certain signage. With the change to residential, all signage will be required to be brought into conformance with Residential standards (freestanding signage cannot exceed four feet in height; not the six feet approved through the CSP). There also appears to be attached signage on Building B on the awning, based on the elevations, as well as Building A a the top of the stair towers. Indicate what is proposed with this application or remove signage from elevations. 8. 6/9/05 & 6/2/05 - WW Application will need to include a deviation to the following attached dwelling criteria: "The use of the parcel proposed for development will not involve direct access to an arterial street;" 9. 6/9/05 & 6/2/05 - WW Proposal will need to show compliance with the following attached dwelling criteria for both buildings (or need to request deviation from): "Off-street parking within the footprint of the residential building is designed and constructed to create a street level facade comparable to the architectural character and finishes of a residential building without parking on the ground level." 10. 6/9/05 - WW Clarify on the site data table the heights for Building A and Building B. Revise and/or clarify on Sheet C-1 the building heights for Building A and Building B, measured from BFE. Indicate the height of the proposed parapets and the height of the elevator/stair towers (from roof deck to top of parapet or tower) on the elevations and in the site data table. Also indicate the height of each floor on the elevations. 6/2/05 - WW Provide the building height to the midpoint of the pitched roof for the existing Building B in the site data table on Sheet C1.1. 11 . Provide the vehicular use area in the site data table on Sheet C1.1 based on those paved areas outside of or not under the existing and proposed building. Provide the required 10% interior landscape area. Crosshatch or shade the areas being counted toward interior landscape area on the site plan Sheet C2.1 or other appropriate sheets. 12. Provide the proposed building coverage. 13. Sheet C2.1 - Plan indicates a sliding gate on the southeast side of Building A, but the depiction is of a swing gate. Revise. 14. Sheet C2.1 - Plan indicates a four-foot high landscape wall along a portion of Hamden Drive. Plan is not clear as to where the wall begins and ends. If a wall is proposed to screen the under building parking, then the wall should be placed close to the building with landscaping on the outside. If a wall is proposed, then it should be constructed along the building or parking spaces for both buildings along both Hamden Drive and S. Gulfview Blvd for consistency purposes. Landscape plan doesn't indicate any wall. Provide a detail of what the wall will look like. 15. There is a raised recreational deck over a portion of the parking between Buildings A and B, with stairs from the pool area. According to the Plans Reviewers in Development Services Department, this raised recreational deck will be required to meet ADA/Fair Housing requirement for accessibility (elevator access). Advise/revise. Development Review Agenda - Thursday, June 30, 2005 - Page 35 16. Sheet C2.1 - Withthe raised recreational deck between Buildings A W, there are stairs from the ground accessing the deck on the east side. It is unclear how these stairs relate to other ground improvements, such as sidewalks or the pool deck, as landscaping shown on Sheet L-1 precludes such access to the stairs. Advise/revise all appropriate sheets. 17. Show the required sidewalk from the stairs on the south side of Building A on all appropriate sheets. 18. Sheet L-1 - This sheet indicates 133 parking spaces required in a note a the bottom of the sheet. This note is confusing as to the information portrayed. Remove. Also, on the drawing at the upper left corner it indicates 135 spaces provided, yet this conflicts with that indicated on Sheet C 1.1. Remove. 19. Sheet L-1 is indicating a retaining wall on the south and west sides of Building A, yet the grading plan Sheet C3.1 doesn't indicate such. Provide details/cross sections to clearly identify what is proposed in these locations. 20. Sheet C1.1 - Revise the Site Data table for existing parking from 97 spaces to 123 spaces. 21 . Floor Plans for Building A - Revise "5th to 8th Floor Plan" to "6th to 8th Floor Plan." 22. Provide the unit square footages for dwelling units in both buildings. 23 . Sheets C2.1 and C3.1 - On the plan within the building outline where it states "(Bldg. B) Ex 6-story to remain (D.O. issued)," remove the verbiage "(D.O. issued)" as the prior development order was for overnight accommodations, which has no bearing on this proposal. 24. Indicate the location of the marina parking and show/indicate how these spaces access the dock. 25 . Sheet C2.1 - indicate the width of drive aisles, parking stall lengths and parking stall widths for the northern portion of the site. 26. Indicate on Sheet C2.1 the removal of pavement within the right-of-way and back to the first parking space for the existing northern driveway on Hamden Drive, to be consistent with that shown on Sheet L-1. 27. Sheet C2.1 - Indicate the removal of the existing southern driveway on Hamden Drive and the partially removed driveway on S. Gulfview Blvd. close to the intersection. Remove any portion of the easternmost driveway on S. Gulfview Blvd. that will not be used as part of this redevelopment (driveway is presently closer to the east property line). 28. Sheet C2.1 - Plan indicates "10 proposed boat slips." Change "proposed" to "existing." 29. Unclear why a sliding gate is indicated on the south side of Building A, but there are no other gates being proposed to restrict access. 30. With the existing development of the two buildings, the buildings relate to each other through siding, roof materials and colors of exterior finish materials. With this proposal, is there any attempt to have these two buildings have the same roof materials and/or color of roof materials, as Building A is proposed with barrel tile (buttercup blend) and Building B is proposed with blue-black shingles? 31 . Building elevations for Building A present an appearance of inconsistent window sizes and styles. Arched windows are only proposed on the fourth level on the west side and do not line up with any windows on Levels 1 - 3. Bay windows don't seem to fit with the majority of the windows proposed and appear "pasted" on. Doors with arched window above also seem ill-fitted, where a smaller window similar to most windows (long vertical window with smaller window above) would be a better fit and provide continuity to the building design. Arches on the ground level, only seen in Elevation 2 on Sheet C-1, don't seem to relate to anything of the rest of the building. There appears to be an arch under the gable roof over the main entrance, seen in Elevation 2 on Sheet C-1, that isn't shown in the colored perspective drawing. Building elevations are confusing, since they are incomplete. 32 . Unclear what elevation is portrayed in Elevation 2 on Sheet C-1. Is this the NW elevation? 33 . Indicate on Sheets C-1 and C-2 the materials and colors of the exterior fmishes for both buildings. 34. Are awnings proposed on Building B? If so, what color and material is proposed? If so and only on the first living level, why not the entire building? Or, why only on the first living level? 35 . Railings on the fifth level for the decks for the end units are inconsistent for the east and west elevations, and use two different materials. Railings on the top of the 9th floor are also the same way. Railings for the rear balconies have horizontal members rather than vertical. From an appearance standpoint, railings should all be vertical and should be consistent in their design. 36. Regarding the 8.5"x11" floor plans submitted, there are two different floor plans submitted for the penthouse, 9th floor. Which one is correct (three or four units)? If four units, what is meant by Unit D "1200 w/ loft," since there is no loft indicated on the building elevations? Is the roof of the penthouse, 9th floor a common recreational element? Development Review Agenda - Thursday, June 30, 2005 - Page 36 37. Color samples donpear to be correct, as the pink hibiscus looks yellow. Submit better color samples. 38. Revise Exhibit A for "description of request" - The proposal is to demolish the existing southern building only. A new southern building (Building A) for attached dwellings with 52 units is proposed and the northern existing building (Building B) will be remodeled and converted to 31 attached dwelling units. Under FLD2004-04023, that proposal was not to construct 111 rooms, but to relocate five rooms from the southern building to the northern building. Include all reductions, increases and deviations as part of the request. Under FLD2004-04023 the Termination of Nonconforming density was approved. This proposal is to convert the terminated density of hotel rooms to dwelling units. Revise. 39. General Applicability criteria #1 - Provide a detailed analysis of how this proposal "will be in harmony with the scale, bulk, coverage, density and character of adjacent properties." Be sure of the directions (north, west, etc.) of other projects, as presently stated the directions are incorrect. I am unaware of any adjacent project "rising as high as 150'." 40. General Applicability criteria #3 - Unclear what "enhanced lighting" this proposal is installing that will make the area safer, since it has been indicated that only under building lighting is proposed. Revise. 41 . General Applicability criteria #4 - Provide a detailed analysis as to how this proposed development will "minimize traffic congestion." Unclear of the statement that the number of units are being reduced, since the proposal is to convert from hotel to attached dwellings. The trip generation rates and time of day generation is different for attached dwellings than overnight accommodations. How will the reconstruction of the "ingress/egress" minimize traffic congestion? Be specific. The restaurant and meeting rooms were eliminated under the prior approval, not under this proposal. 42. General Applicability criteria #4 - Provide a detailed analysis as to how this proposed development will be "consistent with the community character of the immediate vicinity." Unclear as to what is meant by "further south," since beyond the property to the south is the Gulf of Mexico. Is the proposed building "mediterranean" in style? 43. General Applicability criteria #6 - The restaurant and meeting rooms were eliminated under the prior request, not with this proposal. 44. Comprehensive Infill Redevelopment Project criteria #1 - Provide a detailed analysis as to how this proposed development "is otherwise impractical without deviations from the use, intensity and development standards." Why can't Code setbacks, etc. be met? Since the valuation of the improvements for this project exceed 25% of the current building value, based on the Property Appraiser, all parking and landscaping are to be brought into full compliance with Code provisions, which includes setbacks. 45 . Comprehensive Infill Redevelopment Project criteria #6 - Provide a detailed analysis as to how this proposed development will "upgrade the immediate vicinity." Provide specifics. 46. Comprehensive Infill Redevelopment Project criteria #7 - Provide a detailed analysis as to how this proposed development "creates a form and function that enhances the community character of the immediate vicinity of the parcel proposed for development and the City of Clearwater as a whole." Be specific. Unclear how the second sentence assists in answering the criteria, since all parking and retention are required to be on-site and exist as such today with the present development. 47. Comprehensive Infill Redevelopment Project criteria #8 - Provide a detailed analysis as to how "flexibility" for this proposed development "in regard to...required setbacks, height... are justified by the benefits to community character and the immediate vicinity of the parcel proposed for development and the City of Clearwater as a whole." 48. Comprehensive Infill Redevelopment Project criteria #10 - Provide a detailed analysis as to how the project complies with Beach by Design design guidelines. An analysis was provided with the original submittal date stamped in on May 26, 2005, but was not included in the resubmission date stamped in on June 7, 2005. Other: No Comments Notes: Development Review Agenda - Thursday, June 30, 2005 - Page 37 11 • Community Response Team Planning Dept. Cases - DRC Case No. rLID Sq yv?TJ r? / Location: Oct Current Use: -B eeting Date: S &- 5ffy) f- ?T-r,? ,F,r' Active Code Enforcement Case' nC 1 yes: ,,,o-Address number((yeV(no) (vacant land) ,n- Landscaping (ye (no) Overgrow ((yes) (no) p,-Debris (ye (no-)---, .,'inoperative vehicle(s, (yes (no) 7?Uoed?, ?v0 Building(s) (good , (fair) poor (vacant land) .,p, Fencing (none) (good) (dilapidated) (broken and/or missing pieces) Paint good) (fair) (poor) (garish) Crass Parking (ye Z?- (no) ,e' Residential Parking Violations (yes) (no) "9,Signage (none) (ok) not ok) (billboard) .,e--Parking (n/a) (striped) (handicapped) (needs repaving) ?F-- ,o--Dumpste eTfblosed) (n t enclosed) .,2K Outdoor storage (yes,) o) Comments/Status eport (attach any pertinent documents): ?- SjD?e??? ? e S Reviewed by: J )e Telephone: a ?atC. 7i / Revised 0 29-0L ; 02-04-03 0 0 Wells, Wayne From: Wells, Wayne Sent: Monday, June 06, 2005 10:59 AM To: Delk, Michael Subject: RE: 445 Hamden This prior case was and the current case is mine. They have already Terminated the Status of the Nonconforming density (by CDB condition they are to have a maximum of 111 overnight accommodation units). They are proposing to tear down the southern building and convert the 111 overnight accommodation units to 82 attached dwelling units, based on the 40/30 rule. There are no units left over. I am not aware of any closing of Hamden Drive and I would doubt Engineering would support vacating any portion of Hamden Drive. -----Original Message----- From: Delk, Michael Sent: Monday, June 06, 2005 10:50 AM To: Planning Subject: 445 Hamden Who is handling or familiar with the above address which apparently is trying to permit a combing of motel units into larger suite type units? 1 believe unit counts are going from 45 to 31. Can they maintain the 14 lost units for TDR or future use? Also, is there a provision regarding the closing of Hamden if public parking is provided? I would appreciate any assistance someone can give me regarding this. Thanks. mld ,Pinellas County Property App r Information: 08 29 15 17640 000 0 Page 2 of 6 08 / 29 / 15 / 17840 / 000 / 0040 02-Jun-2005 Jim Smith, CFA Pinellas County Property Appraiser 08:31:48 Ownership Information Non-Residential Property Address, Use, and Sales DI UELLO LAND TRUST OBK: 13769 OPG: 2036 DI UELLO, FULUIO THE 400 ISLAND WAY # 703 CLEARWATER FL 33767 EVACUATION ZONE: A Comparable sales value as Prop Addr: 445 HAMDEN DR of Jan 1, 2004, based on Census Tract: 260.02 sales from 2002 - 2003: 0 Sale Date OR Book/Page Price (Qual/UnQ) Vac/Imp Plat Information 2 /2,001 11,227/2,563 7,950,000 (Q) I 1952: Book 031 Pgs 016- 10/1,986 6,3501 984 560,000 (U) U 0000: Book Pgs - 31/1,983 5,63612,187 422,500 (U) U 0000: Book Pgs - 0 /0 0/ 0 0 2004 Value EXEMPTIONS Just/Market: 7,000,000 Homestead: NO Ownership % .000 Govt Exem: NO Use %: .000 Assessed/Cap: 7,000,000 Institutional Exem: NO Tax Exempt %: .000 Historic Exem: 0 Taxable: 7,000,000 Agricultural: 0 2004 Tax Information District: CW Seawall: Frontage: Bay Clearwater View: 04 Millage: 22.9694 Land Size Unit Land Land Land Front x Depth Price Units Meth 04 Taxes: 160,785.80 1} 240 x 120 70. 00 78, 101. 00 S Special Tax .00 2} 0 x 0 .00 .00 3} 0 x 0 .00 .00 Without the Save-Our-Homes 4} 0 x 0 .00 .00 cap, 2004 taxes will be : 5} 0 x 0 .00 .00 160, 785.80 6} 0 x 0 .00 .00 Without any exemptions, 2004 taxes will be 160, 785.80 Short Legal COLUMBIA SUB NO. 5 LOTS 4 TH RU 11 INCL AND Description RIP RTS AND LAND ADJ SC LY DESC BEG SE CDR LOT 11 TH Building Information http://pao.co.pinellas.fl.us/htbin/cgi-scr3?o=1 &a=1 &b=1 &c=1 &r=.16&s=4&t3=1 &u=0&p... 6/2/2005 ,Pinellas County Property App*r Information: 08 29 15 17640 000 00 Page 3 of 6 Property and Land Use Code descri t_ p ions . Building.l . Building. 2 Building #1 08 / 29 / 18 / 17 840 / 000 / 0040 :01 02-Jun-2005 Jim Smith, CFA Pinellas County Property Appraiser 08:31:47 Commercial Card 01 of 2 Improvement Type: Motel/Hotel 7 3 St Property Address: 445 HAMDEH DR Prop Use: 312 Land Use: 39 S?ru??ura1 E1?m?nts Foundation Special Footing Floor System Structural Slab Exterior Wall Conc Block/Stucco Height Factor 0 Party Wall Hone Structural Frame Concrete Reinforced Roof Frame Gable & Hip Roof Cover Custom Cabinet & Mill Average Floor Finish Carpet Interior Finish Drywall Total Units 0 Heating & Air Heating&Cooling Pckg Fixtures 209 Bath Tile Floor + Half Wall Electric Average Shape Factor Rectangle Quality Average Year Built 11988 Effective Age 10 Other Depreciation 5 Function Depreciation 0 Economic Depreciation 0 Sub Ar4eas Description Factor Area Description Factor Area 1) Base Area 1.00 41,481 7) .00 0 2) Open Porch .30 8,734 8) .00 0 3) Utility .55 538 9) .00 0 4) Carport .30 12,891 10) .00 0 5) .00 0 11) .00 0 6) .00 0 12) .00 0 Cc)mmercial Extra Features Description Dimensions Price 1) DOCK 4248SF 20.00 2) SPA/JAC/HT 10, 000.00 3) COHC PAVE 12800SF 3.00 4) ELEU PASS 6STOPS 30,000.00 5) ELEU STOP 6STOPS 3,500.00 6) . 00 Units Value RCD Year 4,248 84,960 60,320 1,992 1 10,000 7,100 1,992 12,800 38,400 38,400 999 2 60,000 42,600 1,992 12 42,000 29,820 1,992 0 0 0 0 TOTAL RECORD VALUE: 178,240 Building #2 http://pao.co.pinellas. fl.uslhtbinlcgi-scr3?o=1 &a=1 &b=1 &c=1 &r=.16&s=4&t3=1 &u=0&p... 6/2/2005 _?Pinellas County Property App*r Information: 08 29 15 17640 000 00 Page 4 of 6 08 / 20 / 15 / 17640 / 000 / 0040 :02 02-Jun-2005 Jim Smith, CFA Pinellas County Property Appraiser 08:31:49 Commercial Card 02 of 2 Improvement Type: Motel/Hotel > 3 St Property Address: 504 S GULFUIEW BLVD Prop Use: 312 Land Use: 39 Structural Elements Foundation Special Footing Floor System Slab on Grade Exterior Wall Cone Block/Stucco Height Factor 0 Party Wall None Structural Frame Concrete Reinforced Roof Frame Reinforced Concrete Roof Cover Built Up/Composition Cabinet & Mill Average Floor Finish Carpet Combination Interior Finish Drywall Total Units 0 Heating & Air Heating&Cooling Pckg Fixtures 201 Bath Tile Floor and Wall Electric Average Shape Factor Rectangle Quality Average Year Built 1,974 Effective Age 20 Other Depreciation 5 Function Depreciation 0 Economic Depreciation 0 Sub Ar$as Description Factor Area Description Factor Area 1) Base Area 1.00 20,700 7) .00 .0 2) Utility .55 700 8) .00 0 3) Open Porch .30 7,300 9) .00 0 4) Utility .40 2,295 10) .00 0 5) Canopy .25 405 11) .00 0 6) .00 0 12) .00 0 Commercial Extra Fsatur?s Description Dimensions Price 1) ASPHALT 12200SF 1.50 2) FENCE 400LF 5.00 3) ASPHALT 1000SF 1.50 4) DOCK 1284SF 20.00 5) CONC PAVE 730SF 3.00 6) ELEU PASS 5-STOP 30,000.00 Units Value RCD Year 12,200 18,300 18,300 999 400 2,000 960 1,974 11000 1,500 1,500 999 1,284 25,680 12,330 1,974 730 21190 21190 999 2 60,000 28,800 1,974 TOTAL RECORD VALUE: 64,080 Map With Property Address (non-vacant) 5.1 F." FQ Fq_1 http://pao.co.pinellas. fl.uslhtbinlcgi-scr3?o=1 &a=1 &b=1 &c=1 &r=.16&s=4&t3=1 &u=0&p... 6/2/2005 Pinellas County Property App r Information: 08 29 15 17640 000 0? Page 5 of 6 U L r V iCK, .. -, CTRL AYSID Wftd BLVD L '-ffi OD I DR DR a?a unti.ncr.DW -FVIEW 3LVD.4 L_ _I .10 Nr/ JU F- - 77 5004 6k 1/8 Mile Aerial Photograph (2002) http://pao.co.pinellas.fl.us/htbin/cgi-scr3?o=1 &a=1 &b=1 &c=1 &r=.16&s=4&t3=1 &u=0&p... 6/2/2005 ? Pinellas County Property App0r Information: 08 29 15 17640 000 0?a Page 6 of 6 J r rv ;yam. xl^ Back to Search .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&p... 6/2/2005 IOV/ 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, August 16, 2005, 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. 1. (Cont from 07-19-05) Home Energy, LLC. is requesting a Flexible Development approval to permit 20 attached dwellings with a reduction to the minimum lot width from 150 ft to 144.63 ft, reductions to the front (west) setback from 25 ft to 12 ft (to pavement) and from 25 ft to zero ft (to trash staging area), reductions to the side (north) setback from 10 ft to 5 feet (to patios) and from 10 ft to 8 feet (to pavement), reductions to the side (south) setback from 10 ft to 5 ft (to patios) and from 10 ft to 7.6 ft (to pavement), a reduction to the rear (east) setback from 15 ft to zero ft (to pool deck), an increase to building ht from 30 ft to 43.17 ft (to roof deck) with perimeter parapets of 5.5 ft (from roof deck) and an additional 13.67 ft for an open rooftop pavilion (from roof deck), as a Residential Infill Project, under the provisions of Sec 2-404.17, with reductions to the landscape buffer along Island Way from 15 ft to 12 ft (to pavement) and from 15 ft to zero ft (to trash staging area), reductions to the landscape buffer along the north side from 10 ft to 5 ft (to patios) and from 10 ft to 8 feet (to pavement) and reductions to the landscape buffer along the south side from 10 ft to 5 ft (to patios) and from 10 ft to 7.6 ft (to pavement), as a Comprehensive Landscape Program, under the provisions of Sec 3-1202.G. (Proposed Use: Attached dwellings [4 townhomes and 16 condominiums]) at 415 Island Way, Island Estates of Clearwater, Unit 2, Lot 17 and part of Lot 16. Assigned Planner: Wayne M. Wells, AICP, Planner III. FLD2005-04035 2. (Cont from 07-19-05) Beach & Gulf Sands, Inc., & North Clearwater Beach Development (Anthony Menna) are requesting a Flexible Development approval to permit 13 attached dwellings in the Tourist District and an increase in ht from 35 ft to 64 ft (as measured from base flood elevation to the roof deck), an increase in the ht of a parapet wall from 30 inches to 42 inches, permit 2 parking spaces within the required sight visibility triangles along Bay Esplanade, a reduction in the front (north) setback from 15 ft to 5 ft (to pavement) and 3 ft (to trash staging area), reduction in the side (east) setback from 10 ft to zero ft (to pool deck), 10 ft (to pool) and 7 ft (to building), reduction in the side (west) setback from 10 ft to 3 feet (to trash staging area) and a reduction the rear (south) setback from 20 ft to zero ft to pool deck, 8 ft (to pool) and 10 ft (to building), as part of a Comprehensive Infill Redevelopment Project under the provisions of Sec 2-803.C., Transfer of Development Rights (TDR2005-03019) of 2 dwelling units from 116 Brightwater Dr (donor site) to 657 Bay Esplanade (receiver site) under the provisions of Sec's 4- 1402 and 4-1403 and a request for Termination of Status of Nonconformity under the provisions of Sec 6-109. (Proposed Use: Attached dwellings [13 condominium units]) at 657 & 663 Bay Esplanade, Mandalay Unit No 5 Replat Blk 77, Lots 4 & 5. Assigned Planner: Robert G. Tefft, Planner 111. FLD2005-03032/TDR2005-03019 3. Religious Community Services, Inc. (The Haven of RCS) are requesting a Flexible Development approval to permit a white PVC fence 6 ft in ht within the front (east) setback along North Saturn Ave without substantial grill work and masonry columns and without a 3 foot wide landscape strip on the street side of the fence as otherwise required by Sec's 3-804.A.1 and 3 on a property within the Medium Density Residential (MDR) district, as part of a Residential Infill Project under the provisions of Sec 2-304.G. (Proposed Use: Community Residential Homes) at 1520 N Saturn Ave, Sec 02-29-15, M&B 44.01. Assigned Planner: Robert G. Tefft, Planner III. FLD2005-05038 4. Ardent International Ltd Liability Co, Panaviotis Vasiloudes, and Helen Vasiloudes (M313 Development, LLC/Robert Szasz) are requesting a Flexible Development approval to permit 14 attached dwellings in the Tourist District, an increase in ht from 35 ft to 59 ft (as measured from base flood elevation to the roof deck), an increase in the ht of a parapet wall from 30 inches to 42 inches and a reduction the rear (south) setback from 20 ft to 7 ft to pool deck and 11 ft (to pool), as part of a Comprehensive Infill Redevelopment Project under the provisions of Sec 2-803.C. (Proposed Use: Attached Dwellings) at 651 & 655 Bay Esplanade and 50 Royal Way, Mandalay Unit No. 5 Replat Blk 77, Lots 1-3. Assigned Planner: Robert G. Tefft, Planner III. FLD2005-05043 5. TSE TSE, LLC (1\43B Development, LLC/Robert Szasz) are requesting a Flexible Development approval to permit 20 attached dwellings in the Tourist District, an increase in ht from 35 ft to 58 ft (as measured from base flood elevation to the roof deck), an increase in the ht of a parapet wall from 30 inches to 42 inches and a reduction the rear (north) setback from 20 ft to 3.33 ft to pool deck and 6 ft (to pool), as part of a Comprehensive Infill Redevelopment Project under the provisions of Sec 2-803.C. (Proposed Use: Attached Dwellings) at 629, 635 & 637 Bay Esplanade, Mandalay Unit No. 5 Replat Blk 78, Lots 8-11 & Rip Rts. Assigned Planner: Robert G. Tefft, Planner III. FLD2005-05044 6. First Baptist Church of Clearwater (Opus South Corporation, Opus South Contractor's LLC/John Franklin Wade) are requesting a Flexible Development approval to allow a mixed-use development of 157 attached dwelling units (which includes an increase in density of 31 dwelling units from the Clearwater Downtown Redevelopment Plan Public Amenities Incentive Pool) and 10,022 sq ft of non-residential use, with an increase to the permitted ht from 30 ft to 271 ft (to roof deck) and an additional 22 ft for architectural embellishments and mechanical equipment (from roof deck), to reduce the non-residential parking requirement from 41 parking spaces to zero (0) parking spaces, and to allow a building within the required sight visibility triangle at the intersection of Cleveland St and North Osceola Ave, as a Comprehensive Infill Redevelopment Project, under the provisions of Sec 2-903.C., and to eliminate the required foundation landscaping along N Osceola Ave, as a Comprehensive Landscape Program, under the provisions of Sec 3-1202.G. (Proposed Use: Mixed-use [169 attached dwellings and 10,022 sq ft non- residential floor area]) at 331 Cleveland St, John R Davey's Resub Blk A, Part of Lots 1-3 & unplatted parcel. Assigned Planner: Robert G. Tefft, Planner III. FLD2005-05048 7. Clearwater Land Ltd (Druid Courtyard Clearwater, LLC/Nicholas F Ferraioli) are requesting a Flexible Development approval to permit 47 attached dwellings with reductions to the front (north) setback from 25 ft to 10 ft (to entry feature columns) and from 25 ft to 18.5 ft (to pavement), reductions to the front (west) setback from 25 ft to 4 ft (to entry feature columns) and from 25 ft to 15 ft (to pavement and pool deck), a reduction to the side (east) setback from 10 ft to 2 ft (to entry feature column), a reduction to the side (south) setback from 10 ft to 1.9 ft (to entry feature column) and an increase to building ht from 30 ft to 55 ft (to roof deck) with an additional 6 ft for perimeter parapets, under the provisions of Sec 2-504.A. (Proposed Use: Attached dwellings [47 condominiums]) at 1105 Druid Rd, Sec 15-29-15, M&B 34.03. Assigned Planner: rW_ayne.M-Wells; AIGP. FLD2005-05037 0 0 8. Relimious Community Services, Inc. is requesting a Flexible Development approval to permit the expansion and renovation of floor area of an existing social/public service agency with a reduction to lot width from 100 ft to 58 ft (along Myrtle Ave), a reduction to the front (south along Druid Rd) setback from 25 ft to 5 ft (to existing pavement), a reduction to the front (east along Myrtle Ave) setback from 25 ft to 15 ft (to existing pavement), a reduction to the side (east) setback from 10 ft to zero ft (to existing pavement) and a reduction to the side (west) setback from 10 ft to zero ft (to existing pavement), as a Comprehensive Infill Redevelopment Project, under the provisions of Sec 2-704.C, with a reduction to the landscape buffer along Druid Rd (south) from 10 ft to 5 ft (to existing pavement), a reduction to the landscape buffer along the east from 5 ft to zero ft (to existing pavement), a reduction to the landscape buffer along the west from 5 ft to zero ft (to existing pavement), a reduction to the landscape buffer along the north from 10 ft to 5 ft (to existing pavement) and a reduction to interior landscape area from 10 percent to 7.4 percent, as a Comprehensive Landscape Program, under the provisions of Sec 3-1202.G. (Proposed Use: Expansion and renovation of the RCS food bank) at 700 Druid Rd, Magnolia Park, Blk 26, Lots 9 & 10 & parts of Lots 1-5 & 8. Assigned Planner: Wayne M. Wells, AICP, Planner III. FLD2005-05046 9. Ronald and Karen Kozan (Newkirk Ventures, Inc.) are requesting (1) Termination of Status of Nonconformity for density (26 existing and proposed attached dwelling units; 20 dwelling units maximum under land use category), under the provisions of Sec 6-109; (2) Flexible Development approval to permit 26 attached dwelling units with a reduction to the minimum lot width from 150 ft to 144.65 ft, reductions to the front (west) setback from 25 ft to 23 ft (to building) from 25 ft to 20 ft (to balcony), from 25 ft to 10 ft (to pavement) and from 25 ft to zero ft (to trash staging area), reductions to the side (north) setback from 10 ft to 6.1 ft (to balconies) and from 10 ft to 5.4 ft (to sidewalk), reductions to the side (south) setback from 10 ft to 6.1 ft (to balconies) and from 10 ft to 5 ft (to sidewalk) and an increase to building height from 30 ft to 46 ft (to roof deck) with perimeter parapets of 6 ft (from roof deck), as a Residential Infill Project, under the provisions of Sec 2-404.F, and reductions to the landscape buffer along Island Way from 15 ft to 10 ft (to pavement) and from 15 ft to zero ft (to trash staging area), a reduction to the landscape buffer along the north side from. 10 ft to 5.4 ft (to sidewalk) and a reduction to the landscape buffer along the south side from 10 ft to 5 ft (to sidewalk), as a Comprehensive Landscape Program, under the provisions of Sec 3-1202.G. (Proposed Use: Attached dwellings [26 condominiums]) at 405 Island Way, Island Estates of Clearwater, Unit 2, Lot 15 and part of Lot 16. Assigned Planner: Wayne M. Wells, AICP, Planner III. FLD2005-05045 10. Camille Courtney & Elina Honicky (Henry C. Kyle, III & Robert Elder) are requesting a Flexible Development approval to allow an addition to an existing single-family residence with a reduction to the front setback from 25 ft to 20.3 ft (to building), under the provisions of Sec 2- 304.G. (Proposed Use: Detached Dwelling) at 1415 San Juan Court, Blvd Heights, Blk K, Lot 17 and part of Lot 18. Assigned Planner: John Schodtler, Planner 1. FLD2005-05052 11. DiVello Land Trust, Fulvio DiVello Trustee (Maddalina DiVello & Housh Ghovaee, Northside Engineering Services, Inc.) are requesting (1) Termination of Status of Nonconformity for density (111 overnight accommodation units existing to be converted to 83 dwelling units), under the provisions of Sec 6-109; (2) Flexible Development approval to permit 83 attached dwellings with reductions to the front (south along S. Gulfview Blvd.) setback from 15 ft to 10 ft (to pavement) and from 15 ft to zero ft (to trash staging area), reductions to the front (west along Hamden Dr) from 15 ft to 12.5 ft (to building and proposed pavement), from 15 ft to 5 ft (to existing pavement) and from 15 ft to zero ft (to trash staging area), reductions to the side (north) from 10 ft to 3 ft (to existing pavement) and from 10 ft to zero ft (to existing pool deck), an increase to building height from 35 ft to 100 ft (to roof deck) with an additional 7 ft for perimeter parapets (from roof deck) and an additional 22.5 ft for elevator and stair towers (from roof deck) and a deviation to allow direct access to an arterial street, as a Comprehensive Infill Redevelopment Project, under the provisions of Sec 2-803.C. (Proposed Use: Attached dwellings [83 condominiums]) at 445 Hamden Dr and 504 S Gulfview Blvd, Columbia Sub No. 5, Lots 4-11, and RIP rts and land adj to Lot 11. Assigned Planner: Wayne M. Wells, AICP, Planner III. FLD2005-05051 12. TW/Beach Residences - Clearwater, LLC (E. D. Armstrong III, Esq., Johnson, Pope, Bokor, Ruppel & Burns, LLP) are requesting (1) Termination of Status of Nonconformity for density (217 overnight accommodation units existing to be converted.to 112 dwelling units; where 56 dwelling units are permitted today), under the provisions of Sec 6-109; (2) Flexible Development approval to permit a mixed use of 112 attached dwelling units, 78 overnight accommodation rooms/units and 2,910 sq ft of retail sales with reductions to the front (east) setback from 15 ft to 6 ft (to patios/seating areas) and from 15 ft to zero ft (to trash staging area), reductions to the side (north) setback from 10 ft to 5 ft from the Coastal Construction Control Line (CCCL) (to building) and from 10 ft to 4 ft (to pavement), a reduction to the side (south) setback from 10 ft to 2 ft (to trash staging area), a reduction to the rear (west) setback from 20 ft to 8 ft from the CCCL (to building), increases to building height from 35 ft 100 ft for the overnight accommodation building tower and from 35 ft to 150 ft for the residential tower (to roof deck) with an additional 6 ft for perimeter parapets (from roof deck) and an additional 24 ft for architectural embellishments (from roof deck), a reduction to driveway spacing from 125 ft to 90 ft and a deviation to allow direct access to a arterial street, as a Comprehensive Infill Redevelopment Project, under the provisions of Sec 2-803.C; and (3) Transfer of Development Rights (TDR2005-05022) of 4 dwelling units from 557 and 579 Cyprus Ave, 2 dwelling units from 625-627 Bay Esplanade, 2 dwelling units from 665 Bay Esplanade and 3 dwelling units from 667 Bay Esplanade, under the provisions of Sec 4-1402. (Proposed Use: Mixed use of 112 attached dwellings [condominiums], 78 overnight accommodation rooms/units and 2,910 sq ft of retail sales) at 430 South Gulfview Blvd, Lloyd-White-Skinner Sub, Lots 33-35, part of Lot 36 and subm land on W. Assigned Planner: Wayne M. Wells, AICP, Planner III. FLD2005- 05047/TDR2005-05022 Interested parties may appear and be heard at the hearings or file written notice of approval or objection with the Planning Interested parties may appear and be heard at the hearing or file written notice of approval or objection with the Planning Director or City Clerk prior to the hearing. Any person who decides to appeal any decision made by the Board or Council, with respect to any matter considered at such hearings, will need to request a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based per Florida Statute 286.0105. Community Development Code Sec 4-206 states that party status shall be granted by the Board in quasi-judicial cases if the person requesting such status demonstrates that s/he is substantially affected. Party status entitles parties to personally testify, present evidence, argument and witnesses, cross-examine witnesses, appeal the decision and speak on reconsideration requests, and needs to be requested and obtained during the case discussion before the CDB. An oath will be administered swearing in all persons giving testimony in quasi-judicial public hearing cases. If you wish to speak at the meeting, please wait to be recognized, then state and spell your name and provide your address. Persons without party status speaking before the CDB shall be limited to three minutes unless an individual is representing a group in which case the Chairperson may authorize a reasonable amount of time up to 10 minutes. • • 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 City of Clearwater P.O. Box 4748, Clearwater, FL 33758-4748 NOTE: Applicant or representative must be present at the hearing. Cynthia E. Goudeau, CMC City Clerk A COPY OF THIS AD IN LARGE PRINT IS AVAILABLE IN OFFICIAL RECORDS AND LEGISLATIVE SERVICES. ANY PERSON WITH A DISABILITY REQUIRING REASONABLE ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS MEETING SHOULD CALL (727) 562-4093 WITH THEIR REQUEST. Ad: 07/31/05 FLD2005-05051 = X70 1216352 ONTARIO INC 27 HARROWSMITH PL RICHMOND HILL ON L4E 2A1 00030 CANADA ACOSTA, JOHN F 609 OLIVER CT NORTH BRUNSWICK NJ 08902 - 4544 ALEXANDER, ANN W 6200 SW 37TH WAY GAINESVILLE FL 32608 - 5106 ANDERSON, JOHN C ANDERSON, REGINA W 440 S GULFVIEW BLVD #1702 CLEARWATER FL 33767 - 2519 ARQUILLA, MICHAEL P THE 1253 RICHFIELD CT WOODRIDGE IL 60517 - 7709 BAILEY, BEVERLY BAILEY, H AUBREY 103 KINGSBURY WOODS MIDDLESBORO KY 40965 - BANOUB, ATEF BANOUB, AMAL 486 KENT PL W HEMPSTEAD NY 11552 - 3340 BATIANIS, THOMAI 440 S GULFVIEW BLVD #1504 CLEARWATER FL 33767 - 2518 BERGER, RALPH F THE RYAN-BERGER, ELIZABETH E 7131 ASHVILLE PARK COLUMBUS OH 43235 - 5013 v q vi 440 WEST, INC. 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THOMAS, FRANKLIN J THOMAS, NABIL S TIDD, JAMES A THOMAS, JOYCE E THOMAS, SAMIA TIDD, VICKI A 8364 GOLDEN PRAIRIE DR 440 GULFVIEW BLVD # 504 5861 ROGERS RD TAMPA FL 33647 - 3241 CLEARWATER FL 33767 - JAMESTOWN OH 45335 - 8713 TIDSWELL INC TIKRITI, GARY D THE TRAKAS, ANNA THE 419 CORONADO DR 2849 CHANCERY LN 1616 SHERIDAN RD # 10G CLEARWATER FL 33767 - 2506 CLEARWATER FL 33759 - 1427 WILMETTE IL 60091 - 1851 USHER, CEDRIC VASILAROS, JACK TRUHAN, JOSEPH G USHER, SHEILA VASILAROS, SOPHIA 440 S GULFVIEW BLVD #1007 40 CASTLE AVE 119 BAYSIDE DR CLEARWATER FL 33767 - 2516 CLONTARF DUBLIN 3 00003- CLEARWATER FL 33767 - 2502 IRELAND SOPHIA VASILAROS VASILAROS, SOPHIA WARD, THOMAS G , 111 BAYSIDE DR VASILAROS, JACK 2817 ROEHAMPTON CLOSE CLEARWATER FL 33767 - 111 BAYSIDE DR CLEARWATER FL 33767 - 2502 TARPON SPRINGS FL 34688 - 8426 RENATE THE WECHSLER WEEDEN, SAM W WEIS, JAY B , 450 S GULFVIEW BLVD # 1101 WEEDEN, BETTIE I WEIS, ERIK J CLEARWATER FL 33767 - 2528 440 S GULFVIEW BLVD #703 2227 7TH ST NW CLEARWATER FL 33767 - 2513 ROCHESTER MN 55901 - 0206 WERTH, KENNETH D WHITE, FREDERICK T WILLARD, GILLIAN M WERTH, PAMELA A WHITE, LINDA M 440 S GULFVIEW BLVD #807 120 BARRINGTON CIR 440 S GULFVIEW BLVD # 1806 CLEARWATER FL 33767 - 2514 ALPENA M149707 - 4101 CLEARWATER FL 33767 - 2520 WOOLUM, KAYETTE WOOLUM, KERRY L WYROZEMSKI, WALTER 201 DEAN HILL DR WINKLER, DWIGHT L WYROZEMSKI, MARY PINEVILLE KY 40977 - 528 KENTUCKY AVE 450 S GULFVIEW BLVD # 1107 PINEVILLE KY 40977 - 1343 CLEARWATER FL 33767 - YANTEK, MINERVA YOWELL, KENNETH P ZAMMIT, ALFRED G 450 S GULFVIEW BLVD #1008 YOWELL, CINDY W ZAMMIT, DAVID CLEARWATER FL 33767 - 2528 132 ALBEMARLE DR 1900 THE COLLEGE WAY # 1805 PENLLYN PA 19422 - 1127 MISSISSAUGA ON L5L 5Y8 00030 - CANADA ZIELINSKI, DETLEF R ZIMMERMANN GUNDER ZUGALJ, IVON J , ZIELINSKI, MONIKA 12912 CASTLEMAINE DR ZUGALJ, MILKA 440 S GULFVIEW BLVD #805 TAMPA FL 33626 - 4470 1044 E 165TH ST CLEARWATER FL 33767 - 2513 SOUTH HOLLAND IL 60473 - 2573 LONG RANGE PLANNING DEVELOPMENT REVIEW C I TY OF C LEARWA°TE R PLANNING DEPARTMENT POST OFFICE Box 4748, CLEARWATER, FLORIDA 33758-4748 MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756 TELEPHONE (727) 562-4567 FAX (727) 562-4865 August 22, 2005 Mr. Housh Ghovaee Northside Engineering Services Inc. 601 Cleveland Street, Suite # 930 Clearwater, Florida 33755 RE: Development Order - Case No. FLD2005-05051 - 445 Hamden Drive and 504 South Gulfview Boulevard Dear Mr. Ghovaee: This letter constitutes a Development Order pursuant to Section 4-206.D.6 of the Community Development Code. On August 16, 2005, the Community Development Board reviewed your request for (1) Termination of Status of Nonconformity for density (111 overnight accommodation units existing to be converted to 83 dwelling units, where 53 dwelling units are permitted today), under the provisions of Section 6-109; and (2) Flexible Development approval to permit 83 attached dwellings with reductions to the front (south along S. Gulfview Blvd.) setback from 15 feet to 10 feet (to pavement) and from 15 feet to zero feet (to trash staging area), reductions to the front (west along Hamden Drive) from 15 feet to 12.5 feet (to building and proposed pavement), from 15 feet to five feet (to existing pavement) and from 15 feet to zero feet (to trash staging area), reductions to the side (north) from 10 feet to three feet (to existing pavement) and from 10 feet to zero feet (to existing pool deck), an increase to building height from 35 feet to 100 feet (to roof deck) with an additional seven feet for perimeter parapets (from roof deck) and an additional 22.5 feet for elevator and stair towers (from roof deck) and a deviation to allow direct access to an arterial street, as a Comprehensive Infill Redevelopment Project, under the provisions of Section 2-803.C. 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 to Terminate the Status of Nonconformity for density per Section 6-109.C. 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 development is consistent and compatible with the surrounding area. Conditions of Approval: 1. That the final design and color of the buildings be consistent with the conceptual elevations submitted to, or as modified by, the CDB; 2. That a Unity of Title be recorded in the public records prior to the issuance of any permits; FRANK HIBBARD, MAYOR BILL. JONSON, VICE-MAYOR JCII-IN DORAN, COUNCII.MEMBF.R HOYT HAMILTON, COUNCILMEMBPR CARLEN A. PETERSI.N, COUNCILNIEMBI-T r "EQUAL. FMPLOYMENT AND AFFIRMA:nvi'. ACTION EMPI.OYI?RBI I` a August 22, 2005 Ghovaee - Page 2 3. That, prior to the issuance of the building permit for the new, southern building, building plans be revised to indicate the height of the elevator and stair towers a maximum of 16 feet above the roof deck; 4. That, prior to the issuance of any permits, cross sections of the stormwater treatment pond and revised drainage calculations demonstrating compliance with City Design Criteria be submitted, acceptable to the Engineering Department, and include the SWFWMD permit; 5. That boats moored at the existing dock, lifts and/or slips be for the exclusive use by the residents and/or guests of the condominiums and not be permitted to be sub-leased separately from the condominiums; 6. That hedges and other landscaping (not including trees) on the northern portion of the site be maintained to a maximum height of three feet to provide continued views of the water by adjacent property owners and tenants/guests. Landscape materials along the north and east sides of the property shall be of a type that minimizes insect and maintenance debris impacts on the neighbor to the north. Landscape plans shall show compliance with these requirements prior to the issuance of building permits for the relocated units/rooms in the northern building (Building B); 7. That revised site and landscape plans be submitted showing all landscaped areas protected from vehicular traffic by curbing and wheel stops, including the existing northern parking area, prior to the issuance of any permits; 8. That the landscape plan be revised prior to the issuance of any permits to indicate landscaping of that area at the intersection between the rights-of-way lines and the main sidewalk from the new southern building; 9. That future signage meet the requirements of the Code and any freestanding sign be a monument- style sign a maximum four feet in height, designed to match the exterior materials and colors of the building. Prior to the issuance of the first Certificate of Occupancy in the northern building, existing signage must be brought into compliance with current Code requirements; 10. That all applicable requirements of Chapter 39 of the Building Code be met related to seawall setbacks; 11. That all proposed utilities (from the right-of-way to the proposed buildings) be placed underground; 12. That a condominium plat be recorded prior to the issuance of the first Certificate of Occupancy; 13. That all Parks and Recreation fees be paid prior to the issuance of any permits; and 14. That all Fire Department requirements be met prior to the issuance of any permits. Pursuant to Section 4-407, an application for a building permit shall be made within one year of Flexible Development approval (August 16, 2006). All required certificates of occupancy shall be obtained within one 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. r\ August 22, 2005 Ghovaee - Page 3 Additionally, an appeal of a Level Two approval (Flexible Development) may be initiated pursuant to Section 4-502.13 by the applicant or by any person granted party status within 14 days of the date of the CDB meeting. The filing of an application/notice of appeal shall stay the effect of the decision pending the final determination of the case. The appeal period for your case expires on August 30, 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.mvclearwater.com/eov/del)ts/plannin;!. *Make Us Your Favorite! Sincerely, Michae el , A P Planning Director S:IPlanning Departme;WC D BIFLEX (FLD)Vnactive or Finished Applications Wamden 445 Dockside I/ (T) - Approvedwamden 445 Development Order.doc "AA