FLD2005-06057; TDR2005-07023 (2)
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) 562-4576
LONG RANGE PLANNING
DEVELOPMENT REVIEW
September 30, 2005
Mr. E. D. Armstrong III, Esquire
Johnson, Pope, Bokor, Ruppel & Burns, LLP
P. O. Box 1368
Clearwater, FL 33757-1368
RE: Development Order - Case Nos. FLD2005-06057/TDR2005-07023 - 691 South Gulfview
Boulevard
Dear Mr. Armstrong:
This letter constitutes a Development Order pursuant to Section 4-206.D.6 of the Community
Development Code. On September 20, 2005, the Community Development Board reviewed your
requests for (1) Termination of Status of Nonconformity for density (110 existing overnight
accommodation units to be converted to 82 attached dwellings units, where a maximum of 40 dwelling
units are permitted under current Code); (2) Flexible Development approval to permit 90 attached
dwellings with reductions to the front (north) setback from 15 feet to seven feet (to entry sidewalk) and
from 15 feet to zero feet (to trash staging area), reductions to the side (west) setback from 10 feet to three
feet (to trash staging area), reductions to the rear (south) setback from 20 feet to 15.7 feet ( to sidewalk)
and from 20 feet to 14 feet (to cantilevered balconies), an increase to building height from 35 feet to 150
feet (to roof deck), a deviation to allow a building within visibility triangles 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; and (3) Transfer of Development Rights (TDR2005-07023) of three dwelling units
from 125 Brightwater Drive, four dwelling units from 161 Brightwater Drive and one dwelling unit from
321 Coronado Drive, under the provisions of Section 4-1402. The Community Development Board
(CDB) APPROVED the application with the following bases and conditions:
Bases for Approval:
1. The proposal complies with the Termination of Status of Nonconformity for density per Section 6-
109;
2. The proposal complies with the Flexible Development criteria as a Comprehensive Infill
Redevelopment Project per Section 2-803.C;
3. The proposal is in compliance with other standards in the Code including the General Applicability
Criteria per Section 3-913;
4. The proposal complies with the Transfer of Development Rights per Section 3-1403;
5. The proposal complies with Beach by Design; and
6. The development is compatible with the surrounding area and will enhance other redevelopment
efforts.
BRIAN J. AUNGST, MAYOR-COMMISSIONER
HoYT HAMILTON, VICE MAYOR-COMMISSIONER WHITNEY GRAY, COMMISSIONER
FRANK HIBBARD, COMMISSIONER BiujoNsON, COMMISSIONER
"EQUAL. EMPLOYMF,NT AND AFFIRMATIVE ACTION EMPLOYER"
September 30, 2005
Armstrong - Page 2
Conditions of Approval:
1. That the final design and color of the building be consistent with the conceptual elevations submitted
to, or as modified by, the CDB;
2. That, prior to the issuance of any permits, a Unity of Title be recorded in the public records;
3. That application for a building permit shall be made within two years of Flexible Development
approval (September 20, 2007) and all required certificates of occupancy shall be obtained within
two years of the date of issuance of the building permit;
4. That a special warranty deed, specifying the number of dwelling units being conveyed or sold from
125 Brightwater Drive, 161 Brightwater Drive and 321 Coronado Drive and being transferred to this
site, be recorded prior to the issuance of any permits for this project. The special warranty deed shall
also contain a covenant restricting in perpetuity the use of all platted lots at 125 Brightwater Drive,
161 Brightwater Drive and 321 Coronado Drive due to the transfer of development rights. Any
mortgage holder of the sending site (125 Brightwater Drive, 161 Brightwater Drive and 321
Coronado Drive) shall consent to the transfer of development rights prior to the issuance of any
permits;
5. That the spa and private dining club be accessory uses for the exclusive use of residents and their
guests;
6. That all appropriate civil and landscape plans be amended prior to the issuance of any permits to
indicate the formal, wide stairs at the front of the building and that architectural plans provide
adequate documentation to provide a minimum eight-foot, two-inch clearance at these formal, wide
stairs in the garage area, prior to the issuance of the building permit;
7. That a 10-foot wide sidewalk within the South Gulfview Boulevard right-of-way be designed and
constructed for the site frontage in accordance with Beach Walk design specifications. The
developer and City may agree on an alternate construction schedule or the provision of payment in
lieu of construction;
8. That future signage meet the requirements of the Code and any future freestanding sign be a
monument-style sign a maximum four feet in height, designed to match the exterior materials and
color of the building;
9. That sea-turtle friendly light fixtures be employed with the site design, with compliance
demonstrated on plans acceptable to the Environmental Division, prior to the issuance of building
permits;
10. That all applicable requirements of Chapter 39 of the Building Code be met related to seawall
setbacks;
11. That the storage units on the ground floor be used for storage only, in compliance with all Federal
Emergency Management Administration (FEMA) rules and guidelines. Evidence of this restriction
of use, embodied in condominium documents, homeowner's documents, deed restrictions or like
forms, shall be submitted to the Building Official prior to the issuance of the first Certificate of
Occupancy;
12. That any future freestanding sign be a monument-style sign a maximum four feet in height and be
designed to match the exterior materials and colors of the building;
13. That all proposed utilities (from the right-of-way to the proposed building) be placed underground.
Conduits for the future undergrounding of existing utilities within the abutting right-of-way shall be
installed along the entire site's street frontages prior to the issuance of a Certificate of Occupancy.
The applicant's representative shall coordinate the size and number of conduits with all affected
utility providers (electric, phone, cable, etc.), with the exact location, size and number of conduits to
be approved by the applicant's engineer and the City's Engineering Department prior to the
commencement of work;
September 30, 2005
Armstrong - Page 3
14. That a tree relocation plan for all trees rated #4 or greater be provided prior to the issuance of any
permits;
15. That, prior to the issuance of the Certificate of Occupancy, traffic impact fees be assessed and paid;
16. That all Parks and Recreation fees be paid prior to the issuance of any permits;
17. That a condominium plat be recorded prior to the issuance of the first Certificate of Occupancy; and
18. That all Fire Department requirements be met prior to the issuance of any permits.
Pursuant to Section 4-407, an application for a building permit shall be made and all required certificates
of occupancy shall be obtained within the time frames listed above in Condition #3. Time frames do not
change with successive owners. The Community Development Coordinator may grant an extension of
time for a period not to exceed one year and only within the original period of validity. The Community
Development Board may approve one additional extension of time after the community development
coordinator's extension to initiate a building permit application.
The issuance of this Development Order does not relieve you of the necessity to obtain any building
permits or pay any impact fees that may be required. In order to facilitate the issuance of any permit or
license affected by this approval, please bring a copy of this letter with you when applying for any
permits or licenses that require this prior development approval.
Additionally, an appeal of a Level Two approval (Flexible Development) may be initiated pursuant to
Section 4-502.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 October 4, 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.mvelearwater.com/jzov/depts/planning. *Make Us Your Favorite!
Sincerely,
Mich elk, AIC
Planning Director
S:Wlanning DepartmentICD BIFLEX (FLD)Ilnactive or Finished ApplicationslGulfview S 0691 Enchantment (7) - Approve&Gulfview S 691
Development Order.doc
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- LONG RANGE PLANNING
DEVELOPMENT REVIEW
CITY OF C LEARWAT E R
PLANNING DEPARTMENT
POST OFFICE BOX 4748, CLEARWATER, FLORIDA 33758-4748
MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756
TELEPHONE (727) 562-4567 FAx (727) 562-4576
September 30, 2005
Mr. E. D. Armstrong III, Esquire
Johnson, Pope, Bokor, Ruppel & Burns, LLP
P. O. Box 1368
Clearwater, FL 33757-1368
RE: Development Order - Case Nos. FLD2005-06057/TDR2005-07023 - 691 South Gulfview
Boulevard
Dear Mr. Armstrong:
J
This letter constitutes a Development Order pursuant to Section 4-206.D.6 of the Community
Development Code. On September 20, 2005, the Community Development Board reviewed your
requests for (1) Termination of Status of Nonconformity for density (110 existing overnight
accommodation units to be converted to 82 attached dwellings units, where a maximum of 40 dwelling
units are permitted under current Code); (2) Flexible Development approval to permit 90 attached
dwellings with reductions to the front (north) setback from 15 feet to seven feet (to entry sidewalk) and
from 15 feet to zero feet (to trash staging area), reductions to the side (west) setback from 10 feet to three
feet (to trash staging area), reductions to the rear (south) setback from 20 feet to 15.7 feet ( to sidewalk)
and from 20 feet to 14 feet (to cantilevered balconies), an increase to building height from 35 feet to 150
feet (to roof deck), a deviation to allow a building within visibility triangles 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; and (3) Transfer of Development Rights (TDR2005-07023) of three dwelling units
from 125 Brightwater Drive, four dwelling units from 161 Brightwater Drive and one dwelling unit from
321 Coronado Drive, under the provisions of Section 4-1402. The Community Development Board
(CDB) APPROVED the application with the following bases and conditions:
Bases for Approval:
1. The proposal complies with the Termination of Status of Nonconformity for density per Section 6-
109;
2. The proposal complies with the Flexible Development criteria as a Comprehensive Infill
Redevelopment Project per Section 2-803.C;
3. The proposal is in compliance with other standards in the Code including the General Applicability
Criteria per Section 3-913;
4. The proposal complies with the Transfer of Development Rights per Section 3-1403;
5. The proposal complies with Beach by Design; and
6. The development is compatible with the surrounding area and will enhance other redevelopment
efforts.
BRIAN J. AUNCST, MAYOR-CONIMISSIONu
HOYr HAMILTON, VICF. MAYOR-COMMISSIONER WHITNEY GRAY, COMMISSIONER
FRANK HIBBARD, COMMISSIONER BII.I.JONSON, CONIMISSIONFR
"EQUAL, EMPLOYMFNT AND AFFIRMATIVE ACTION ENtPLOYFR"
.1
September 30, 2005
Armstrong - Page 2
'Conditions of Approval:
1. That the final design and color of the building be consistent with the conceptual elevations submitted
to, or as modified by, the CDB;
2. That, prior to the issuance of any permits, a Unity of Title be recorded in the public records;
3. That application for a building permit shall be made within two years of Flexible Development
approval (September 20, 2007) and all required certificates of occupancy shall be obtained within
two years of the date of issuance of the building permit;
4. That a special warranty deed, specifying the number of dwelling units being conveyed or sold from
125 Brightwater Drive, 161 Brightwater Drive and 321 Coronado Drive and being transferred to this
site, be recorded prior to the issuance of any permits for this project. The special warranty deed shall
also contain a covenant restricting in perpetuity the use of all platted lots at 125 Brightwater Drive,
161 Brightwater Drive and 321 Coronado Drive due to the transfer of development rights. Any
mortgage holder of the sending site (125 Brightwater Drive, 161 Brightwater Drive and 321
Coronado Drive) shall consent to the transfer of development rights prior to the issuance of any
permits;
5. That the spa and private dining club be accessory uses for the exclusive use of residents and their
guests;
6. That all appropriate civil and landscape plans be amended prior to the issuance of any permits to
indicate the formal, wide stairs at the front of the building and that architectural plans provide
adequate documentation to provide a minimum eight-foot, two-inch clearance at these formal, wide
stairs in the garage area, prior to the issuance of the building permit;
7. That a 10-foot wide sidewalk within the South Gulfview Boulevard right-of-way be designed and
constructed for the site frontage in accordance with Beach Walk design specifications. The
developer and City may agree on an alternate construction schedule or the provision of payment in
lieu of construction;
8. That future signage meet the requirements of the Code and any future freestanding sign be a
monument-style sign a maximum four feet in height, designed to match the exterior materials and
color of the building;
9. That sea-turtle friendly light fixtures be employed with the site design, with compliance
demonstrated on plans acceptable to the Environmental Division, prior to the issuance of building
permits;
10. That all applicable requirements of Chapter 39 of the Building Code be met related to seawall
setbacks;
11. That the storage units on the ground floor be used for storage only, in compliance with all Federal
Emergency Management Administration (FEMA) rules and guidelines. Evidence of this restriction
of use, embodied in condominium documents, homeowner's documents, deed restrictions or like
forms, shall be submitted to the Building Official prior to the issuance of the first Certificate of
Occupancy;
12. That any future freestanding sign be a monument-style sign a maximum four feet in height and be
designed to match the exterior materials and colors of the building;
13. That all proposed utilities (from the right-of-way to the proposed building) be placed underground.
Conduits for the future undergrounding of existing utilities within the abutting right-of-way shall be
installed along the entire site's street frontages prior to the issuance of a Certificate of Occupancy.
The applicant's representative shall coordinate the size and number of conduits with all affected
utility providers (electric, phone, cable, etc.), with the exact location, size and number of conduits to
be approved by the applicant's engineer and the City's Engineering Department prior to the
commencement of work;
-it
September 30, 2005
Armstrong - Page 3
Y 14. That a tree relocation plan for all trees rated #4 or greater be provided prior to the issuance of any
permits;
15. That, prior to the issuance of the Certificate of Occupancy, traffic impact fees be assessed and paid;
16. That all Parks and Recreation fees be paid prior to the issuance of any permits;
17. That a condominium plat be recorded prior to the issuance of the first Certificate of Occupancy; and
18. That all Fire Department requirements be met prior to the issuance of any permits.
Pursuant to Section 4-407, an application for a building permit shall be made and all required certificates
of occupancy shall be obtained within the time frames listed above in Condition #3. Time frames do not
change with successive owners. The Community Development Coordinator may grant an extension of
time for a period not to exceed one year and only within the original period of validity. The Community
Development Board may approve one additional extension of time after the community development
coordinator's extension to initiate a building permit application.
The issuance of this Development Order does not relieve you of the necessity to obtain any building
permits or pay any impact fees that may be required. In order to facilitate the issuance of any permit or
license affected by this approval, please bring a copy of this letter with you when applying for any
permits or licenses that require this prior development approval.
Additionally, an appeal of a Level Two approval (Flexible Development) may be initiated pursuant to
Section 4-502.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 October 4, 2005 (14 days
from the date of the CDB meeting).
If you have any questions, please do not hesitate to call Wayne M. Wells, Planner III, at 727-562-4504.
You can access zoning information for parcels within the City through our website:
www.myclearwater.com/ og v/depts/planning. *Make Us Your Favorite!
Sincerely,
Mich lk, AIC .
Planning Director
S:IPlannitig DepartmentlCD BIFLEX (FLD)Ilnactive or Finished Applications IGulfview S 0691 Enchantment (7) - Approve&Gulfview S 691
Development Order.doc
T
.?.- CITY OF CLEARWATER
PLANNING DEPARTMENT
rear ! yI Y4" `? 1?t OST OFPiCI: BOX 4748, CLF.ARWA'I'F.R FLOwDn 33758-4748
IVA j* °YER,0$ P
fd??'.r?f f /0 MUNICIPM. SFRVICi?S BUILDING, 100 SOUTH MYRTLE AVENUE, CLFARWATER, FLORIDA 33756
Ti?LFPHONE (727) 562-4567 FAX (727) 562-4865
LONG RANGF PLANNING
DFVFLOPMENT RFVIFW
Mr. Jeff R. Mendenhall
Collman & Karsky Architects
4301 Anchor Plaza Parkway, Suite 100
Tampa, Florida 33634-7525
Re: Development Order - Minor Revision
FLD2005-05047 - 691 South Gulfview Boulevard - Enchantment
Dear Mr. Mendenhall:
September 26, 2006
On September 20, 2005, the Community Development Board (CDB) approved with 18 conditions the
above referenced case, which was a request for (1) Termination of Status of Nonconformity for density
(110 existing overnight accommodation units to be converted to 82 attached dwellings units, where a
maximum of 40 dwelling units are permitted under current Code); (2) Flexible Development approval to
permit 90 attached dwellings with reductions to the front (north) setback from 15 feet to seven feet (to
entry sidewalk) and from 15 feet to zero feet (to trash staging area), reductions to the side (west) setback
from 10 feet to three feet (to trash staging area), reductions to the rear (south) setback from 20 feet to 15.7
feet ( to sidewalk) and from 20 feet to 14 feet (to cantilevered balconies), an increase to building height
from 35 feet to 150 feet (to roof deck), a deviation to allow a building within visibility triangles 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; and (3) Transfer of Development Rights (TDR2005-07023) of
three dwelling units from 125 Brightwater Drive, four dwelling units from 161 Brightwater Drive and one
dwelling unit from 321 Coronado Drive, under the provisions of Section 4-1402.
A proposal has been submitted to revise the approved project with the following:
• Plans approved by the CDB had Levels 3 - 11 stepped back approximately 16 feet for the
eastern tower and nine feet for the western tower from the front of the building on Levels 1 - 2,
and then Levels 12 - 16 were further stepped back an approximately 16 feet for the eastern
tower and 17 feet for the western tower. The proposed plans bring the front of Levels 3 - 11 to
almost the same setback as Levels 1 - 2, while Levels 11 - 15 still further steps back
approximately 17 feet for the eastern tower and 10 feet for the western tower (six-foot step back
for Levels 11 - 12 and an additional four feet for Levels 13 - 15).
• Removed one floor of the building while still maintaining the same number of units through a
redistribution of units per floor and the same building height;
• Reconfigured the parking areas to provide better circulation, fewer dead ends and ramps less
steep than on the approved plans, while maintaining at least two parking spaces per unit;
• Increased the rear setback to proposed balconies;
• Resolved structural issues from the approved plans to provide constructability of the building;
PRANK I IMBARD, MAYOR
)III D<ncAN, C(riT'CILMh:Ni?i?'.?< 110)_1 I IANIII:I'0N, Ccx Ncu.wt>usi;I;
BILLJONSON, 0WNCHAWN11icR CAKI.FN A. Pr FRS1::N. Ccx Nr.n.Nlr:?n+eR
"I"Q11AL EMPLOYMI{NT AND APPiItNIATM: Ac'i ioN 11,M]'L I6 W'
'I
September 26, 2006
Mendenhall - Page 2
In accordance with Section 4-406.A of the Code, the revisions proposed are deemed to be a Minor
Revision and are APPROVED with the following conditions that must be addressed on the site,
landscape and building plans for building permits:
1. Due to structure side setback requirements of 10 feet, Sheets C3.1, C4.1, L1.1, A200 and A300
must be revised to show the sidewalk from the rear exit corridors to the front along the east side
of the property to be adjacent to the building rather than adjacent to the property line;
2. A sidewalk connector must be shown on Sheets C3.1, C4.1, L1.1, A200 and A300 from the
circular stairs at the southwest corner to the sidewalk along the rear of the building;
3. Reconcile the number of openings in the wall on the northernmost west side, as shown on Sheets
A300 and A301, with the west elevation on Sheet A402; and
4.. Revise Sheet A401 to show the square footage requirement of 60 percent openings and decoration
to be 19,449.37 square feet.
Should you have any questions, feel free to contact Wayne M. Wells, AICP, Planner III, at 727-562-4504.
Sincerely,
?`'//mar rCP;Z
Michael Delk, Planning Director
Cc: Ed Hooper
S: (Planning Department)C D BIFLEX (FLD) IInactive or Finished ApplicationsIGulfview S 0691 Enchantment (7) - Approve&Gulfview S691
Minor Revisions Development Order 9.26 06.doc