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FLD2005-01012 (2)Planning Department 0 100 South Myrtle Avenue •..tii'w t?r Clearwater, Florida 33756 U ?.? Telephone: 727-562-4567 Fax. 727-562-4865 ? SUBMIT ORIGINAL SIGNED AND NOTARIZED APPLICATION ? SUBMIT 14 COPIES OF THE ORIGINAL APPLICATION including 1) collated, 2) stapled and 3) folded sets of site plans ? SUBMIT APPLICATION FEE $ CASE #: DATE RECEIVED: RECEIVED"BY (staff initials): ATLAS PAGE' #: "ZONING DISTRICT: ND USE CLASSIFICATION: MAR 1 ()BUNDING USES OF ADJACENT PROPERTIES: " NORTH- PLAk1Y]%,'C *PKIYUSO (1TH: 7?i fr•' WEST: CVOF C .El's ?. ?; "EAST: NOTE: 14 TOTAL SETS OF INFORMATION REQUIRED (APPLICATIONS PLUS SITE PLAN SETS) ?j n FLEXIBLE DEVELOPMENT APPLICATI 1W ? V I S l Q Residential Infill Project (Revised 2/02/2004) PLEASE TYPE OR PRINT- A. APPLICANT, PROPERTY OWNER AND AGENT INFORMATION: (Code Section 4-202.A) APPLICANT NAM _ L kizE MAILING ADDRESS PHONE NUMBER: /-y`I • S f . ©FAX NUMBER: ? ?. ?9 5Cd PROPERTY OWNER(S): lGf' (Must include ALL owners) AGENT NAME: .6f MAILING ADDRESS:Ia? (?C ???f ,??? yf7? ? &,A-CNLC 1?x PHONE NUMBER: FAX NUMBER: CELL NUMBER: `y V.- E-MAIL ADDRESSc:2?,r&?J. ?CIf .4??".Ctt B. PROPOSED DEVELOPMENT INFORMATION: (Code Section 4-202.A) STREET ADDRESS: V? J 7? LEGAL DESCRIPTION: n 40 12 = Gad /Je 6 PARCEL NUMBER: /TI" C? e'o= PARCEL SIZE: (2,60 &,d ,jr C ? 'p j%L (acres, square f??eeet?t)`` __ ff ` PROPOSED USE(S) AND SIZE(S){S Z:CQ ca f (Y04 Lei ?-?f?,4( (number of dwelling units, hotel rooms or square footage of nonresidential use) DESCRIPTION OF REQUEST(S): ??? Q CCFf ?? ??, ?? (include all requested code deviations; e.g. reduction in required number of parking spaces, specific use, etc.) V CS v\ i Q DOES THIS APPLICATION INVOLVE THE TRANSFFR OF DEVELOPMENT RIGHTS (TDR), A PREY OUSLY 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 Seution 4-202.A.5) l? SUBMIT A COPY OF THE TITLE INSURANCE POLICY, DEED OR AFFIDAVIT ATTESTING TO THE OWNERSHIP OF THE PROPERTY 1 D. E( 1. WRITTEN SUBMITTAL REQUIREMENTS: (Code Section. 3-913.A) Provide complete responses to the six (6) GENERAL APPLICABILITY CRITERIA - Explain how each criteria is achieved, In detail: 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. a- -X4-A eye 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. MAR a 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. 14- 6. The design of the proposed development minimizes adverse effects, including visual, acoustic and olfactory and hours of operation impacts, on adjacent properties. U j U 1. Provide complete responses to the seven (7) RESIDENTIAL INFILL PROJECT CRITERIA-Explain how each criteria is achieved, in detail:: The development or redevelopment of the parcel proposed for development is otherwise impractical without deviations from the intensity and development standards. 2. The development of the parcel proposed for development as a residential infill project will not materially 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.) 3. The uses within the residential infill project are otherwise permitted in the City of Clearwater. J'? ? GZ G I/e0- 4. The uses or mix of use within the residential infill project are compatible with adjacent land uses. MAR PLf'?ii.IN IP,r-. nr on !1YA nrn .,. 5. CRY OF "'_'V, The development of the parcel proposed for development as a residential infill project will upgrade the Immediate vicinity of the parcel proposed for development. .c , r 6. The design of the proposed residential infill 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-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. - E. SUPPLEMENTAL SUBMITTAL REQUIREMENTS: (Code Section 4-202.A) Q,, SIGNED AND SEALED SURVEY (including legal description of property) - One original and 14 copies; CJ" 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); 0'LOCATION MAP OF THE PROPERTY; v i 1? 4U 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 ancdshall be in i"` 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; -Q- GRADING PLAN, as applicable; MINARY PLAT, as required (Note: Building permits will not be issued until evidence of recording a final plat Is provided); OF RECORDED PLAT, as applicable; F. 7' ? J SITE PLAN SUBMITTAL REQUIREMENTS: (Code Section 4-202.A) SITE PLAN with the following information (not to exceed 24" x 3&'): All dimensions; North arrow ` 07J' C^ , Engineering bar scale (minimum scale: one inch equals 50 feet), and date prepared; Location map; Index sheet referencing individual sheets included in package; f4b o 2m Footprint and size of all EXISTING buildings and structures; Footprint and size of all PROPOSED buildings and structures; All required setbacks; ?p?Ln? /? ????v n'T Pl t;°??3C?!PG Dr- ?f'1 atl PAWTlVl + All existing and proposed points of access; ? OF ?? _. Q. ? 11 4 All required sight triangles; Identification of environmentally unique areas, such as watercourses, wetlands, tree masses, W, TE[ 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; 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)(1). 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 writtenitabular form: U N I G I N A L 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. >r i P-- REDUCED SITE PLAN to scale (8 Y2 X 11) and color rendering if possible; OR DEVELOPMENTS OVER ONE ACRE; provide the following additional information on site plan: One-foot contours or spot elevations on site; ~ Offsite elevations if required to evaluate the proposed stormwater management for the parcel; All open space areas; Location of all earth or water retaining walls and earth berms; Lot lines and building lines (dimensioned); Streets and drives (dimensioned); Building and structural setbacks (dimensioned); Structural overhangs; Tree inventory; prepared by a "certified arborist", of all trees 8" DBH or greater, reflecting size, canopy (drip lines) and condition of such trees. G. STORMWATER PLAN SUBMITTAL REQUIREMENTS; (City of Clearwater Design Criteria Manual and 4-202.A.21) ? STORMWATER PLAN including the following requirements: 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; Stormwater calculations for attenuation and water quality; Signature of Florida registered Professional Engineer on all plans and calculations COPY OF PERMIT INQUIRY LETTER OR SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT (SWFWMD) PERMIT SUBMITTAL (SWFWMD approval is required prior to issuance of City Building Permit), if applicable COPY OF STATE AND COUNTY STORMWATER SYSTEM TIE-IN PERMIT APPLICATIONS, if applicable H. LANDSCAPING PLAN SUBMITTAL REQUIREMENTS: (Section 4-1102.A)?\j?,L?.? ? LANDSCAPE PLAN: MAR ' u ry?o? ? All existing and proposed structures; 1`I Names of abutting streets; Drainage and retention areas including, swales, side slopes and bottom elevations; Delineation and dimensions of all required perimeter landscape buffers; PLANNING CIF PARiflR?NT Sight visibility triangles; ?'? ?? ?L, I,% 7 Delineation and dimensions of all parking areas including landscaping islands and curbing; -71 Proposed and required parking spaces; / Existing trees on-site and immediately adjacent to the site, by species, size and locations, including dripiine; % Location, size, description, specifications and quantities of all existing and proposed landscape materials, including botanical and common names; / Typical planting details for trees, palms, shrubs and ground cover plants including Instructions, soil mixes, backfilling, mulching and protective measures; Interior landscaping areas hatched and/or shaded and labeled and Interior landscape coverage, expressing in both square feet and ? percentage covered; Conditions of a previous development approval (e.g. conditions imposed by the Community Development Board); / Irrigation notes. REDUCED LANDSCAPE PLAN to scale (8'/2 X 11) (color rendering If possible); S t'/ IRRIGATION PLAN (required for level two and three approval); U COMPREHENSIVE LANDSCAPE PROGRAM application, as applicable. R? t? CC o BUILDING ELEVATION PLAN SUBMITTAL REQUIREMENTS: (Section 4-202.A.23) Required in the event the application includes a development where design standards are in issue (e.g. Tourist and Downtown Districts) or as part of a Comprehensive Infill Redevelopment Project or a Residential Infill Project. BUILDING ELEVATION DRAWINGS - all sides of all buildings including height dimensions, colors and materials; ?f REDUCED BUILDING ELEVATIONS - four sides of building with colors and materials to scale (8'/z X 11) (black and white and color rendering, if possible) as required. J. SiGNAGE: (Division 19. SIGNS. / Section 3-1806) All EXISTING freestanding and attached signs; Provide photographs and dimensions (area, height, etc.), Indicate whether they will be removed or to remain. La All PROPOSED freestanding and attached signs; Provide details including location, size, height, colors, materials and drawing ? Comprehensive Sign Program application, as applicable (separate application and fee. required). ? Reduced signage proposal (8'/2 X 11) (color), if submitting Comprehensive Sign Program application. K. TRAFFIC IMPACT STUDY: (Section 4-801.C) tCored Tar 111 UNIT COMO 1lZs/e5 300 o Include as required if proposed development will degrade the acceptable level of service for any roadway as adopted in the Comprehensive Plan. Trip generation shall be based on the most recent edition of the Institute of Transportation Engineer's Trip General Manual. Refer to Section 4-801 C of the Community Development Code for exceptions to this requirement. L. SIGNATURE: 1, the undersigned, acknowledge that all representations made in this application are true and accurate to the best of my knowledge and authorize City representatives to visit and photograph the property described in ttis application. STATE OF FLORIDA, COUNTY OF PINELLAS Sworn to a d subscribed before me this day of A.D. 201 ' to me andlor by f L1tTJ 6 who is personally known has produced as Identification. ry public, My commission expires: o0REEN A. WILLIAMS 'eae '• EXPIRES: Octobef 14, 2008 1.,,,N0TARY F! Notary BeM? awl r,- *010 Jan,'21 05 02:38p p,2 01/2112005 12:02 727446 NORTHSIDE ENG SV PAGE 01102 Odom$ ors Loeaeont 2. That this property conseutes the property for which a request for a: (N roae?a 3. That the undersigned (has/have) appointed and (doeVdo) appoint A I / . 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 (Vwie), the undersigned authority, hereby certiry th the e i is true and Creed, opery owner 119'T?°TsOF wuwgr CY F9I?U.J?S "v 1°?oparty Owl ,?O?Vj? Rfe Ehe unders ??app tiftmajoned by a f ws or lip Stye of Ftarida, on day 5 depaaes and says that helshe lolly undsrtltands tha Contents of the aRid" 01st h&khe siRradwhO , hev)ng b6tltt first duly sumrt My CoMmissron Express: j O • ?'¢. d ? a Notary Public S: aPp?k?Qd? forme/de+eglopmeti! r ykWA1Nw4 to Aathoe. Apaat * 170FREEN A. VWLUAMS y! MY COMMISSION # oO 155802 ?piroA EXPIRES: October 14,20W 1,8WO.NOrARY FL Notary service $ B-kV, Ina CITY OF CLEARWATER AFFIDAVIT TO AMORIZE AGENT PLANNING. & DEVELOPMENT SERVICES AIa.MINI5TRA'I70N MUNICIPAL SERVICES BUILI)mr, mo-s 7KTfH•MYRTLE AVENUE, 2"' l LCOR PHONE (7271-W-4561 RAY [79T Fe.] Ific-pe 14AR 1 1U ? IPLWWI 1N^? +!? co of Ctz? 4 1. That (I am/we are) the owner(s) anal record We holder(s) of the following described property: Revised Exhibit "A" to Residential Infill Application MAN 1 U cutiJ Skiff Point PM- 'V'X'O DE-PAV"7-c VT NES Project # 464 CizYOF C?V -?r Description of Request: To raze two duplex/triplex units and construct a 15 unit, five-story condominium (4 levels of living area above one level of parking) with a reduction of the front (east) setback from 15' to 5' (to dumpster), no reduction to building; rear setback (west) from 15' to 7.5 to pavement on the southwest corner, 5' to the pool and 0' to the pool deck from 15' (west); side reduction (north) from 10'-5' to pavement, 7' to building and 6'5" to stairs and (south) from 10' to 5' to pavement, 6.6" to building and 7'3 " to stairs; a height increase from 30' to 49' to roof deck with an additional 3'6" for a mansard (to keep from falling off roof deck) and 6' from roof deck for elevator and stair towers on the east side of the building. Written Submittal Requirements 1. The surrounding area is currently undergoing a transition from predominantly old, run-down duplex/triplex/apartment like units which were built in the late 1960's to a more up-scale residential community, bringing the development back to where it one once was when Island Estates came to be. Progress is underway to replace all the duplex/triplex/apartment structures on this block. 2. The proposed condominium project will not hinder or discourage redevelopment of the surrounding area. The proposed project is bringing new life to an area that was once called a "Prestigious Residential and Shopping Community". More developers are following in replacing dilapidated structures and refurbishing the community. The value will not be impaired to surround properties. We have found that in this area, even the vacant lots keep going up in value. 3. The proposed 15-unit condominium project will create less of an adverse impact to users of the area than the more intense surrounding and existing on-site overnight accommodation and multi-family uses, as the subject site will be occupied by long-term residents as opposed to transient tenants. Visibility triangle requirements will be met providing safe vehicular and pedestrian movement where the driveways meet the right-of-way. Retention areas will be constructed at the rear of the site eliminating runoff onto adjacent properties. 4. This property is located at the end of Skiff Point, on the cul-de-sac where there is a minimal amount of traffic. Future traffic congestion will be minimized with the proposed on-site parking. Currently, the cars parked on the site must back out into the street as there is not adequate parking turn-around. 5. The proposed development is consistent with the vicinity as it is a residential use comparable to other proposed and/or recently developed condominium/townhome uses. ORIGINAL Revised Flexible Development Residential Infill Application Exhibit "N'- Skiff Point Page Two 6. The proposed condominium minimizes any adverse affects on adjacent properties, as the building itself will meet required setbacks. Visually the design of the building will enhance Skiff Point and will be aesthetically pleasing for the cul-de- sac location. Acoustic, olfactory and hours of operation will not be issues as this is not a commercial use and should not generate any more noise or odor over and above what a single-family residence would. 7. In order to take advantage of this particular property's prime location, deviations to the required rear yard setbacks for the proposed deck, and pool are necessary. The irregular shape of the site and the cul-de-sac location make any significant development difficult without variances to the required front and rear setbacks. Additionally, in order to provide adequate on-site parking, side setback reductions to pavement on both the north and south sides of the site are being requested in order to allow vehicles adequate drive area into the parking garage. The requested setbacks are at a minimum, and will enhance this part of Island Estates which needs much needed improvement. The height increase should not be a factor. All of Island Estates is surrounded by water, whether it be inter-coastal or Clearwater Bay, etc. Bringing back the upscale community Island Estates has been known for since its inception will be a boost for the City as a whole. MAR 10 2005 1s ?` 0MGMA '?. G Planning and Development Services 100 South Myrtle Avenue, > . Clearwater, Florida 33756 Telephone: 727-562-4567 U Fax. 727-562-4676' D SUBMIT ORIGINAL SIGNED AND NOTARIZED APPLICATION a SUBMIT 1 COPY OF THE ORIGINAL APPLICATION including folded site plan RECEIVED BY (staff initials): ATLAS PAGE #: ZONING DISTRICT: LAND USE CLASSIFICATION: ZONING & LAND USE CLASSIFICATION OF ADJACENT PROPERTIES: NORTH: I SOUTH: / WEST: / EAST: / COMPREHENSIVE LANDSCAPE PROGRAM REQUIREMENTS meek a 9/z9n?01) D.' APPLICANT, APPLICANT OWNER AND AGENT INFORMATION: (Code Section 4-1001) MAILING ADDRESSiz-? PHONE NUMBER: ??-? ^ S 1 O n(2 FAX NUMBER: -_1 7 PROPERTY OWNER(S): L? (Must include ALL owners) AGENT NAME: (Contact Person) MAILING ADDRESS: n-_) (?Lf I;? ICI .c? t J-!?zVr PHONE NUMBER: FAX NUMBER: The landscaping requirements of-Article 3 Division 12 may be waived or modified as a part of a Level One or Level Two Approval, as the case may be, if the application for development approval includes a Comprehensive Landscape Program, which satisfies th13 following criteria. The use of landscape plans; sections/elevations, renderings and perspectives may be necessary as supplementary Information in addition to the information provided on this worksheet: ORIGINAL 1. - Architectural Theme. a. The landscaping in a Comprehensive Landscape Program shall be designed as a part of the architectural theme of the principal buildings proposed or developed on the parcel proposed forrthe?rdevelopment. . MAR-44 -2495-- PLANNING DEPARTMENT Ci 1 Y OF t? E-Ak -tHi k K n....., n ,1 9 OR b. The design, character, location and/or materials of the landscape treatment proposed,in the Comprehensive Landscape Program shall be demonstrably more attractive than landscaping otherwise permitted on the parcel proposed for development under the minimum landscape standards. 2. Lighting. Any lighting proposed as a part of a Comprehensive Landscape Program is automatically controlled so that the lighting is turned off when the business is closed. Community Character. The landscape treatment proposed in the Comprehensive Landscape Program will enhance the community character of the City of Clearwater. LCI ORIGINAL MAR 10 2005 Pl.p?NR!h!G DEPARTMENT CITY OF CL q, Property Values. The lar i4eatment proposed in the Comprehll?r dscape Program will have a beneficial impact on the value of the property in the immediate vicinity of the par el proposed for development. 1 5. Special Area or Scenic Corridor Plan. The landscape treatment proposed in the Comprehensive Landscape Program is consistent with any special area or scenic corridor plan which the City of Clearwater has prepared and adopted for the area in which the parcel proposed for development is located. Please return checklist for review and verification. 6. That (i/we), the undersigned authority, hereby certify that the foregoing COUNTY OF PMLLAS STATE OF FLORIDA, fore me the undersigned, an officer duly commissioned by the laws of the State of Florida, day of a this personally appeared who having been first duly sworn Felposes and.says that he/she fully understands the contents of the affidavit that he/ he signed. My Commission Expires: 14 ` Notary Public DOREEN A. WILLIAMS MY COMMISSION # DD 155802 06 S: application forms/development• review/comprehensive landscape program application.doc EXPIRES: October 14, 20 TARY Ft Notary Service & BwdkV, Inc, A-800-3 rw-1 L...A N Exhibit "A" to Comprehensive Landscape Program Application Skiff Point - 200-201 Skiff Point Road NES Project No. 464 1. Architectural Theme a. N/A. b. This is a very unusual site to for development in that it is a pie-shaped log which provides 170' radius of water view on the north side of the property. The building itself had to be carefully designed so that units could enjoy views and also so that the project could be financially viable while at the same time coming as close to possible to meeting all required setbacks, parking space and drive aisle dimensions, retention, etc of the City's Code. In order to accommodate all these issues, little area is left on the site to comply with all required landscaping codes. The landscape materials proposed will be a significant improvement to a site where little to no landscaping exists and what is being proposed will provide a tropical and inviting feel to the site as well as the surrounding sites. 2. Lighting.. LNo landscape lighting is proposed as a part of this project. MAR 10 2005 3. Community Character PLANNING DEPARTMENT CI 1Y OF CLEARWATER The proposed landscape along with the proposed Mediterranean style architecture will be a welcome addition to the immediate area. The heavily landscaped entrance is more than many other residential lots in this neighborhood. With such a large amount of single family homes on nearby blocks, the lush landscaping is more than what most neighbors have on site. 4. Property Values The proposed high-end residential project inclusive of the proposed tropical landscaping will be a significant upgrade for the site and immediate area and can only lend towards enhancing surrounding property values. Per the Pinellas County Property Appraiser, the existing just market value of the subject site is $1,465,300.00. Upon completion of the proposed project the property is estimated to be worth approximately $9,700,000.00. 5. Special Area or Scenic Corridor Plan The subject site is within the LMDR district. The property is located on a cul- de-sac and the landscaped entrances along with a wide variety of species on the sides will enhance the property immensely. The proposed landscape plan, ORIGINAL although not meeting the required perimeter plantings due to reductions to setbacks being requested, will provide a design that will help set this site and the area apart from other not-so very well landscaped lots. The landscape design proposed provides a tropical and welcoming atmosphere together with the handsome architecture. The various plant materials used on this site will provide many textures and colors that will further enhance the beauty of the site and architectural design as well as being tolerant to the salt water. % " V MAR 0 INS p1?NING ?? w??r?R CIV OF C f I i f7r r I grM MASONRY Bt U NG ,.. , LLFB_ w 8.7v J211 E-W • • a V? • 1 CA 9 • • 4ft eta-tLt/ ,41x'9 = ' 13'in NnimmoONOO AMO1.S £ • M-3 IId 9NI ins ANNOSVM A 1S ,66.9 NOLLYA313 MOOD AMNOSVM .v ? Y b9 ST 1QB ON01980.1 UN-WAY J N w `? ? o p ??O tiy.a 700d ?Sa °d v DO n, 1d8 NON /1N313Y ?q (d) AdM?dM 0 0 .r v? o c r C'; C O ` r W eJ d CD O • MAR 10 2005 PP1 l "'? +? MR-- 1IMENT - ----------------------- [FBI IR-11 l 11A I - ----------------- -- -------- - - - - - - - *12,-C B.F.E. PROPOSED SIDE (SOUTH) ELEVATION SCALE: 1/8" = 1'-0" ORIGINAL PROPOSED FRONT (EAST) ELEVATION SCALE: 1/8" = 1'-0" s , FM ? FM ELI] .i -- - - ---------- FM :. H FM --- --.- ---- -- _ -- FM ---------------- ----------------------- FM - - --- a. I N , PROPOSED WATER FRONT (WEST) ELEVATION SCALE: 1/8" = 1'-0" l ! Imo' ?? 1?:7I ----------- --- ----- --- L-J 91 - --------------- yy_--#. D TOP OF ROF-6ECK t *jB.F.E?9. MAR V0 2005 PI ANKIT O DEPRINMENT CITY OF CLEAR'J! WATER PROPOSED SIDE (NORTH) ELEVATION SCALE: 1/8" = 1'-0" • • iA! r?1 MAR ? p 2005 PLA?!???t!{? DEP`?M?RT CITY OF CLEpr (81 C ORIGINAL 0 oI ? i I m) i i J I I ? i Y "? I 1 ? I I ?717s ? e U '_ll-4'_. .0 00 fl 4- _ 191-0. 24 0 x ,__19'-0' y 19'-B' _ •_4• ? eux roam GROUND FLOOR PLAN SCALE: 1/8" c 1'-0" • • -71 \ ; I v MAR ,i p 2005 P??a??? ? w??ATyR 03)l Of ORIGINAL PIAN N0919 2ND FLOOR PLAN SCALE: 1/8` = I'-0' C/ • ,ice J DD . MAR i 0 2005 pC??yUl?NT 3RD FLOOR PLAN SCALE: 1/8" = V-0" 60GM4 • J MAR , 0 2005 U"RIGINAL P1f 'i?? ?C Dr.-MR2 7VIENT CITY 4F CLEA,Z Ur lCT 4TH FLOOR PLAN SCALE: 1/8" = V-0* ?J • MAR i 0 2005 Pty DE?ART1 IN' city Or. CL. ORIGINAL PIaN ?N0M 5TH FLOOR PLAN SCALE: 1/8' = 1'-0* 1W [Ldl FUII F19 '91 FE9 ® a W? D 1 B.f.E Z_ 2O U ?q Z a ?i PSWOM Fw" (um Effa m A AL --..i a qliz n n b 1 O N n? O Of. ? V W W H CC ?U ?LL aU 0 0 ff-fl FM FM F M FM ROM= VAM ROM (WO" QMAMMI IJP? c z U G w ? V ? Q SSS !L g? _- O i S a y z o? • i? IL ?+ AS NOiCO emu MW1 W-11I PRWO® MM ( MWM IWATWK • ORIGINAL RECEIVE MpR 10 2005 ENt . p mNOF CLEAE RW TER purom ems (SOOM UWATM POWOM FRW (UM SWAT= - rot . N. PROPOM am (NONM EMATHN U G w U °L LLJ w< tl f a ) ? f N Z ? O Z z V .Z Z a= ?s ? AS NOICD e?.NW NMPOM VAT= PRONE (P"W) UWAZON 0 0 INS M? 10 ENt p?1tdlNGDE4A? Northside 5"is"smx?ea low, CIVIL • LAND PLANNING • ENVIRONMENTAL • TRANSPORTATION • STORMWATER REPORT FOR: SKIFF POINTE ORIGINAL PROJECT Y way: MAR 10 2005 P? ? e) Ramanujachari Kannan, P.?,#386$8 a. . 4: March 2005 Project No. 0464 601 CLEVELAND STREET, SUITE 930 CLEARWATER, FLORIDA 33755 N ESADMI N@MI N DSPRI NG.COM N ESTECH@MI ND5PR1 NG.COM 727 • 443 • 2869 FAX 727 • 446 • 8036 • NORTHSIDE ENGINEERING SERVICES 25 YEAR STORM EVENT PROJECT; SKIFF POINTE (Pond No. 1) PROJECT NO. 464 RUN-OFF COEFFICIENTS PRE-CONSTRUCTION TOTAL DRAINAGE AREA= IMP. AREA TO REMAIN= POND AREA= PERV. AREA= C= 0.35 POST-CONSTRUCTION TOTAL DRAINAGE AREA= IMP. AREA= POND AREA= PERV.AREA= C= 0.69 STORAGE CALCULATION PRE-CONSTRUCTION DRAINAGE AREA = TIME OF CONC. Tc = I @ Tc =60 (25 YEAR EVENT)= Q(out)=CXIXA= POST-CONSTRUCTION 0 10,846 SF 0.25 AC 6,524 SF OF IMP. AREA @ C = 0.45 0 SF OF POND AREA @ C = 1 4,322 SF OF PERV. AREA @ C = 0.2 10,846 SF 0.25 AC 6,781 SF OF IMP. AREA @ C = 0.9 672 SF OF POND AREA @ C = 1 3,393 SF OF PERV. AREA @ C = 0.2 0.25 AC 60 MIN 3.60 IN/HR 0.31 CFS TIME (MIN.)' I (IN/HR) Q(in) CFS) INFLOW CF 60.00 3.60 0.62 221,91 MAX. STORAGE = 2,218 CF WEIR DESIGN TOP. OF WEIR ELEV.= BOT. OF WEIR ELEV.= L=Q/3.3"H^1.5 = MAR 1 0 200 ajj4 4F Cl!EP.1 J;'l7r.R 5.00 FT 4.75 FT H = 0.25 FT or 3" Q = 0.69 CFS 1.67 FT or l'- 8" (MIN) ORIGINAL 0 0 PROJECT NAME : SKIFF POINTE (Pond No. 1) PROJECT NO.: 464 POND'S STAGE STORAGE DATA : T.O.B. EL.= W.Q. EL.= BOTTOM EL.= STAGE ft-NGVD AREA SF AREA AC STORAGE CF 5.00 796 0.018 637 4.75 672 0.015 453 4.50 547 0.013 298 4.25 423 0.010 177 4.00 298 0.007 87 3.75 174 0.004 28 3.50 49 0.001 0 TOTAL WATER QUALITY CALCULATIONS: DRAINAGE AREA = 10,846 SF REQUIRED WATER QUALITY DEPTH = ORIGINAL 0.50 IN REQUIRED WATER QUALITY VOLUME - 452 CF PROPOSED OUTFALL ELEVATION = 4.75 FT AVAILABLE WATER QUALITY = 453 CF NAR 10 2005 ,X?pj? v- 0 0 MODRET SUMMARY OF UNSATURATED & SATURATED INPUT PARAMETERS PROJECT NAME : 464 Skiff Pointe - Pollution Abatement V POLLUTION VOLUME RUNOFF DATA USED UNSATURATED ANALYSIS INCLUDED(o,.,? Pond Bottom Area Pond Volume between Bottom & DHWL Pond Length to Width Ratio (L/W) Elevation of Effective Aquifer Base Elevation of Seasonal High Groundwater Table Elevation of Starting Water Level MAR 10 2005 Elevation of Pond Bottom PLWK!%1 !G Dr2t-'-r-Z 1 M zRT CIS OF Ci.E??`?"ar's?R Design High Water Level Elevation Avg. Effective Storage Coefficient of Soil for Unsaturated Analysis Unsaturated Vertical Hydraulic Conductivity Factor of Safety Saturated Horizontal Hydraulic Conductivity Avg. Effective Storage Coefficient of Soil for Saturated Analysis Avg. Effective Storage Coefficient of Pond/ExfiItration Trench 49.00 ft2 634.00 ft3 12.00 0.00 ft 1.60 ft 3.50 ft 3.50 ft 5.00 ft 0.20 5.00 ft/d 2.00 10.00 ft/d 0.20 1.00 Hydraulic Control Features: Top Bottom Left Right Groundwater Control Features - Y/N N N N N Distance to Edge of Pond 0.00 0.00 0.00 0.00 Elevation of Water Level 0.00 0.00 0.00 0.00 Impervious Barrier - Y/N N N N N Elevation of Barrier Bottom 0.00 0.00 0.00 0.00 ORIGINAL MODRET TIME -RUNOFF INPUT DATA PR03ECT NAME: 464 SKIFF POINTE - POLLUTION ABATEMENT V STRESS PERIOD NUMBER INCREMENT OF TIME (hrs) VOLUME OF RUNOFF (ft3) Unsat 3.65 18.62 1 1.00 433.38 2 24.42 0.00 3 24.42 0.00 4 24.42 0.00 5 24.42 0.00 6 24.42 0.00 7 24.42 0.00 8 24.42 0.00 9 24.42 0.00 ?a X" ??u ,? 01p05 P c? pF C ?R\ G\NM. MODRET SUMMARY OF RESULTS PROJECT NAME : 464 Skiff Pointe - Pollution Abatement V CUMULATIVE TIME (hrs) WATER ELEVATION (feet) INSTANTANEOUS INFILTRATION RATE (ds) AVERAGE INFILTRATION RATE (ds) CUMULATIVE OVERFLOW (ft3) 00.00 - 0.00 1.600 0.000 0.00000 0.00 1.600 0.01107 0.01021 4.65 4.165 0.00935 0.00 0.00482 20.86 3.500 0.00331 0.00 0.00180 53.49 2.788 0.00141 0.00 0.00101. 77.90 2.578 0.00084 0.00 0.00067 102.32 2.439 0.00057 0.00 0.00048 126.74 2.339 0.00043 0.00 0.00037 151.16 2.262 0.00033 0.00 0.00029 175.58 2.201 0.00027 0.00 0.00024 200.00 2.150 0.00 M AK G N _ ,%?I.% rar_?7 ?a?iiiIFR1T P-•.n I?t? /?1 tin 1?ty lrs f ?? Maximum Water Elevation: 4.165 feet @ 4.65 hours Recovery @ 20.859 hours * Time increment when there is no runoff Maximum Infiltration Rate: 2.087 ft/day INFILTRATION : 464 SKIFF POINTE - POLLUTION ABATEMENT V m w c CD E 0 o r1 ? ) 06 ?. ? 0 r.,s rill U Is 0 2 4 6 8 10 12 14 16 18 20 Time (hrs) Total Volume Infiltrated = 452 W NORTHSIDE ENGINEERING SERVICES 25 YEAR STORM EVENT PROJECT: SKIFF POINTE (Pond No. 2) PROJECT NO. 464 RUN-OFF COEFFICIENTS PRE-CONSTRUCTION TOTAL DRAINAGE AREA= IMP. AREA TO REMAIN= POND AREA= PERV.AREA= C= 0.35 POST-CONSTRUCTION TOTAL DRAINAGE AREA= IMP. AREA= POND AREA= PERV.AREA= C= 0.69 STORAGE CALCULATION PRE-CONSTRUCTION DRAINAGE AREA = TIME OF CONC. Tc = I @ Tc =60 (25 YEAR EVENT)= Q(out) = C X I X A= POST-CONSTRUCTION WEIR DESIGN E 10,961 SF 0.25 AC 6,524 SF OF IMP. AREA @ C = 0.45 0 SF OF POND AREA @ C = 1 4,437 SF OF PERV. AREA @ C = 0.2 10,961 SF 0.25 AC 6,781 SF OF IMP. AREA @ C = 0.9 818 SF OF POND AREA @ C = 1 3,362 SF OF PERV. AREA @ C = 0.2 0.25 AC 60 MIN 3.60 IN/HR 0.32 CFS TIME (MIN. I IN/HR Q(in) CFS INFLOW (CF) 60.00 3.60 0.63 2,259 MAX. STORAGE = 2,259 CF ORIGIN AL TOP. OF WEIR ELEV.= 5.00 FT BOT. OF WEIR ELEV.= 4.75 FT H = 0.25 FT or 3" Q = 0.70 CFS L=Q/3.3'H^1.5 = 1.67 FT or l'- 8" MAR 10 2005 PM- NNlRv DE3nnTMENT CRY OF CLE, • PROJECT NAME : SKIFF POINTE (Pond No. 2) PROJECT NO.: 464 POND'S STAGE STORAGE DATA : T.O.B. EL.= W.Q. EL.= BOTTOM EL.= STAGE ft-NGVD AREA SF AREA AC STORAGE CF 5.00 967 0.022 782 4.75 818 0.019 558 4.50 670 0.015 372 4.25 521 0.012 224 4.00 372 0.009 112 3.75 224 0.005 37 3.50 75 0.002 0 TOTAL WATER QUALITY CALCULATIONS: DRAINAGE AREA = REQUIRED WATER QUALITY DEPTH = REQUIRED WATER QUALITY VOLUME _ PROPOSED OUTFALL ELEVATION = AVAILABLE WATER QUALITY = ORIGINAL DD ?aR l 0 2005 10,961 SF 0.50 IN 457 CF 4.75 FT 558 CF • • MODRET SUMMARY OF UNSATURATED & SATURATED INPUT PARAMETERS PROJECT NAME : 464 Skiff Pointe - Pollution Abatement V POLLUTION VOLUME RUNOFF DATA USED UNSATURATED ANALYSIS INCLUDED Pond Bottom Area Pond Volume between Bottom & DHWL Pond Length to Width Ratio (L/W) Elevation of Effective Aquifer Base Elevation of Seasonal High Groundwater Table Elevation of Starting Water Level Elevation of Pond Bottom Design High Water Level Elevation Avg. Effective Storage Coefficient of Soil for Unsaturated Analysis Unsaturated Vertical Hydraulic Conductivity Factor of Safety Saturated Horizontal Hydraulic Conductivity Avg. Effective Storage Coefficient of Soil for Saturated Analysis Avg. Effective Storage Coefficient of Pond/ExfiItration Trench Hydraulic Control Features: Groundwater Control Features - Y/N Distance to Edge of Pond Elevation of Water Level Impervious Barrier - Y/N Elevation of Barrier Bottom 49.00 ft2 634.00 ft3 12.00 0.00 ft 1.60 ft 3.50 ft 3.50 ft 5.00 ft 0.20 5.00 ft/d 2.00 10.00 ft/d 0.20 1.00 Top Bottom Left Right N N N N 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 N N N N 0.00 0.00 0.00 0.00 --. , ?? ._ ... I.i?u.? ?? _.r v I ? _._ _i? MAR 10 2005 ORIGINAL PLl-?N4!'!, 'C- D!"-ioj 70AENT CITY CE CiS" , ;I AJA,: w Z MODRET TIME - RUNOFF INPUT DATA PR03ECT NAME: 464 SKIFF POINTE - POLLUTION ABATEMENT V STRESS PERIOD NUMBER INCREMENT OF TIME (hrs) VOLUME OF RUNOFF (ft3) Unsat 3.65 18.62 1 1.00 438.38 2 24.42 0.00 3 24.42 0.00 4 24.42 0.00 5 24.42 0.00 6 24.42 0.00 7 24.42 0.00 8 24.42 0.00 9 24.42 0.00 J P ? 1 MAR 10 2005 0 RIGINAL R CllY QF CL',7. :'t'jivl • MODRET SUMMARY OF RESULTS • PROJECT NAME: 464 Skiff Pointe - Pollution Abatement V CUMULATIVE TIME (hrs) WATER ELEVATION (feet) INSTANTANEOUS INFILTRATION RATE (ds) AVERAGE INFILTRATION RATE (ds) CUMULATIVE OVERFLOW (ft3) 00.00 - 0.00 1.600 0.000 0.00000 0.00 1.600 0.01112 0.01026 4.65 4.175 0.00939 0.00 0.00484 21.03 3.500 0.00332 0.00 0.00181 53.49 2.792 0.00141 0.00 0.00101. 77.90 2.581 0.00084 0.00 0.00067 102.32 2.442 0.00058 0.00 0.00048 126.74 2.342 0.00043 0.00 0.00037 151.16 2.264 0.00033 0.00 0.00030 175.58 2.203 0.00027 0.00 0.00024 200.00 2.152 0.00 1 / L-A ,. Maximum Water Elevation: 4.175 feet @ 4.65 hours Recovery @ 21.033 hours * Time increment when there is no runoff Maximum Infiltration Rate: 2.097 ft/day INFILTRATION : 464 SKIFF POINTE - POLLUTION ABATEMENT V m L W N E D \0 0 00 Total Volume Infiltrated = 457 It3 0 2 4 6 8 10 12 14 16 18 20 Time (hrs) rrcci hEii B'r hWD RETURN TO: Richards, Gilkey, Fite. SlAiTc-rhrA, C;.ea, wacer. WARRANTY DEED is PINELLAS COUNTY FLORIDA JWTk 2004322703 08;1b2004 at 11:01 AM OFF REC BK: 13784 PG: 100-101 0?,:i'yp*:Dc O R4COFW NG: 31u.su D DOC STAMP: $9800.00 THIS 1IvDEN-TURE. Between FT,OFtENCF L. COIISTNS; u imarr3ed wido and survi..r,n.' unmarried, whose arlri-r ao a^'CaS2dT and PI iEi,A J, COUSINS, ilea: water, lorida 33767, collectively grantor*, and SKIFF PO.TNT op rr.?raa>?m.F N- ??? ? a4c Lticoilicy Company, whose address is ?nn ?'. ?a?u •L_ x'rol-ida, 33'767, grantee*, &, IT'NESSETx , `F iat said grantor, for and in consideration of the Sum of Ten Dollars anr7 ?r ---A a said grantor in hand ?O`'saerations to paid by said grantee, the receipt whereof is hereby acknowledged, has granted, bargained and sold t, f-.hA G,;a _-c-t6 a_ u assigns forever, *-. ...,..._ _. J the following described land, situate, '<.lying and being in Pinellas County, Lot 35, UNIT 5A, ISLAND ESTATES OF CLEARWATER, according to the map or plat thereof as recorded in. Pl.a.t. 1 En hccord' of Pinellas County, Flnr;i da . SUBJECT TO covenants, conditions, easements and restrictions of record; and sub; ect to _ _ ?_ uu oe. ?ucxt? years Tax Parr?1 Tin no nn and said grantor hereby fully warrant the title to said 1anA ana w11.1 (9,P fPnr9 t-),I L..J :11'r -LaWXu1 Cialms of whomsoever, all persons 'L-'r anrt :'grantee,, are used for singular or Plural, as context requires. iias hereunto set grantor's hand and seal the day and year first above written. sep-:LCCLiand delivered Name : (.. + ' _._ _ Na e: / ORIGINAL r ?- '? ---__? _;L' ,? vt vim/ F._ORRnrr? T r, ro4:r.. PAMELA ,7- Cr1rTCTr*_o ._._. Ivy. ?? ? ., ? I ?• I ? MAR 10 zoos PLAUXIE,U'G Dr-PPO1svNT CI r Y OF CLyjRjg %,:R STATE OF i"[ COUN-T'Y I HEREBY CERTIFY that on this day personally appeared before me, an officer dul}% authorized to take acknowled.clPment-s, F*'O!?ENCr T.. nnnr,±•rp,,n _ u. :r. :..-ic.z, ao is personally known to me or who has produced jyg as identification, and. ``1e the rcr= ,.. si;,;eu :jr. and who executed the foregoing warranty Deed and she acknowledged then and there before me that she executed the same or the purpcses therein expressed- WIT TESS my hand anR -f.f.;.cial al It .A _.. s day of Notary Public 1 _I `.:.? !F.IISSIOM.r,DD0.0'g'% COUNTY CE -ILA a ?!1 ,.; :,a w 2<t °: •. :mi?v c:,.:.i«, i3 7 " RrP`'' CFT^?? "hat cn. this day personally appeared before P2.I,IliiLA J. unm 1;; p•.^? s personally known t-c, mA t, as identification, and she is the person dc?arr ,hPd in. an9 ad :.:. r:z Poreoing Gvar:rnnT.tir T7PP..ry. ?_nd shF a.?)rn.0erl.edryed. then. Anri tho,-A 1-47 .v ?,-- ..?-emu {_atc bchi: iJ'_* tike Purposes therein expressed. T . WIT.?ESS?,y hand and official seal this „ r +/r. nnnn.-- daV of Nflt•ar,.s p„ht, My Commission expires: ["0.U.PRATE81? I[ .'? I?%r E^? F(I' C0:'.fAl6CCIrx.l • nn - Tr_?ploea=r*,e une...rsw: rte"; ??AR 1 p 2005 N???9G ?EPA??M??j city OF P S: \SKIFF\COT.ielprg\ ?F- PXLP.Ait-0) B' AND t29` URN TO: Emil G. Pratesi, Esquire Richards, Gilkey, Fite, S1auGhter, ?.z:Jl l:, 1253uParlc. Street Clearwater, Florida 33756 KARLEEN F. LE BLAKER, CLERK OF COURT PINELLAS COUNTY FLORIDA INST# 2004322718 08111IM004 of 11:07 AM Or-IF PLC 'r3IC:13764 PG. 162-1&s DOCTYpe:DEED RECORDING: 818.50 D DOC STAMP: 89800.00 WARRANTY DEED THIS INDENTURE, 'Made this __L.._ day of V1- b 2004, Between LAURZINCE J. MILLER and BARBARA s. MILLER, husand d ...;fq ,,,ti..,?., -,aa_ _ _. N??• Sli_fi t:, int, lI;i:aiwater, Florida 33767, collectively grantor*, and SKIFF POINT nF CI,FADpT?TEp., t,r,0_ a Y.iu ida Limited. LiabiI ty Company, whose address is 200 Brightwater Drive, #2. C'leprw,a l-ar Fin,-;A, ..:s; .. _. J:_.:-_:'.J :..:.-_c. .;c,- yz a :tC for ana in consideration of the sum of Ten Dollars, and other good and valuable ronsic3erations to, sai'd' yiaztor iii Band paid by said grantee, the receipt whereof is hereby acknowledged, has granted, bargained and sold to the said grantee, and grantee's bei.rs and a.ssions forever, the follocr;T- d`''cri , . 1•yinq and being in Pinellas Couniry , Florida, to-wit: Lot 36, UNIT 5A, ISLAND ESTATES OF CLEARWATER, according to the map or plat thereof as recorded in Plat Rook 60. `_, J`r v' u- 1`abiic Records of Pinellas Countv, SUBJECT TO covenants, conditions, easements and restrictions e- reLord; and subject to taxes for the year 2004 and si.ibsec dent-. vearc: SC...'? "?1 ..... 14'..i. v.8 t.,?-1.S..-43:i C:8-00c)-0360 and said grantor hereby fully warrant the title to said land, and will defend the same against the lawful claims of all persons whomsoever. r ^;ing .1 a7' Or DiU.ral . y7 rnnt-F,..? for IN WITNESS WHEREOF, Grantor has here„nt.r, set ;Jc:o,r !first above written. ? Signg?, yea]/ed and delivered Name: c Fa Ikvri L r •n J - Name : ?./.. ? / ;k?..w ? ??n.-? ;s- ,,;.r, ?• MAR 10 2005 R., GINAL PLAKI LT' DE;?, ? WENT 0 C?? OF CLE,",2E,l1, ;1:11 T21TF (1F !?._.f I HEREBY CERTIFY that on this clay nPrcnn=,l,I.. , 3 r Ca C . ;: :e, an o fficer auly authorized to take acknowledgements,I,AURENCE MILLER, wj;iQ iuw zs persor:aily kno;,m zo me or who has produced as ideai:i icati n d person described in anal who o , an he is the executed the fOrP ni a W i n g p rranti n xc iio;=: ;.c Gye? cr:+?n ana there before me that he executed the same for the purposes therein expressed. WIT OSS my hand and official seal this day of 2 0 0 4 . X/ - - ---- - o f n !?',cclaisiss!or!..oca??ss l ' +' N - L a y Pub 1C = i TM, - ri My Commission expires: STATE OF CQUNTX QF ? ?,.•?--xsT :...., ..... I HEREBY CERTIFY that on this day personally appeared before me, an officer. duly authorized to take acknowledaemente nnnanpT v nrtrr r r.+n _ i _ •{:? r? iiy ti,Roouz to me or who has produced y ?rivers as identification, and she is the person described in and who execliv-9 the f `.Jo11_y r'rc litii7ty site ac;;:izvwledged.. then and there before me that she executed the same for the purnosPq thereir. " WITWESS my hand Anti eal t zis v - ? .. ? _ • ??_ ?,e' .?.?? day of ame : dy e ame Notary Public My Loznriission expires: i? l ::^s CO„IdISS!i JFDpO'IGV56 kY.f•19F,S?! o ?,G )RIGNAL MAR 10 20[ EGP/dss PLANN SDEPA T, T ,-a« ,. LI.IER \DEED CITY OF C?,%2l°" FLD2005-01012 200 SKIFF PT Date Received: 01/31/2005 SKIFF POINT OF CLEARWATER ZONING DISTRICT: IEOD LAND USE: RH ATLAS PAGE: 267B PLANNER OF RECORD: MAM CLWCoverSheet i. t Direct all correspondence to. --- Clerk, Water and Navlga Control Authority 31S Court Street Clearwater, FL 33755 0./- ro ?. 4 1W, Phase type, or hand print in BLACK rank 1. PROPERTY OWNER Il`i'FORMAT ION: A. Applicant's Name: aa ?N1& 6? Cy6xU0ay-, Lu B. Mailing Address: A?(N ?j{8 -4cof City: DState: eL, Zip:c?yC C. Telephone No,(s): II. AGENT INFORMATION: ENVIROf!I IWAL WJAGE'ltbi#'' "cc; C1 • r'1rs zoio-()zo()4 Applica,lion iv ter-- i Mev. (OFFICIAL USE ONLY) C01MRIERCL4LL AND AILTLTI-USE-BOCK PERMI'T' APPLICATION PINELLAS COI7i-"ITY WATER AND NA171GATION CONTROL AUTHORM A. Name: ` U?-? ? ? \ 4', 1\ v-!k 4017E-1``.S 5 ??t?J ir?L City: State: ' ?- Zipp^: l `I C. Telephone No.(s): 1 , l S ` - ??+'?Plt1Q J l ??i oe ??. Cow B. Address: M. SITE INFORMATION: A. Construction Site Address: /,-26 City: (' 1 J i,U OU B. Intended Use: S,\ P (w`( V, (A C. Parcel ID Number: / Zvi / 15 / J 33q3 / 006/ 0 3, Dzlzql isv /000/ C)3 D. Incorporated: ( Unincorporated: ? E. Affected waterbody: J - F. Previous Permits: P`y LO`6?S`8? rm X13 0? - ?? H. Obstructions: (dogs, fences, etc.) !'J G. Date applicant assumed property ownership: 11 month/year 1. Attach 8-1/2" X 11" vicinity map showing specific project location. J. All other information pursuant to F.C.O. 90-19 (amended), Section 10.9, as needed. q? i K. Does the project abut residentially zoned property? Yes R . No L. For projects requiring a public hearing, attach a copy of the complete legal description. See c tcv6 des, ???s ro ? ?Qg C:, DdE.^NQo 7FNVIf,G? t /.,aTaalf-S'S6j This prc,:!-t m-)y also require r approvals fronm lorida Dept of Envirc; m . ,tat err ect; r, (813-632-7600) j_?'? and the 1,=. . nr; •„ Corns of 1-nnin P.?r -- 6 M PP.0jJ__ECT DFSCR1Pn0N- M-UL-17-USE Ll tpM L USE ONA. Nature and Sizo of Project.{???? lli? i??1 -w IliGLq l? ??1? ??Y l 6'l?i J )V Gts?CiGe?icYl v? i1r?lD?ld ?l?V ??4??1 01 ? IYIILIfJt._ ?-rJ f 11i??1i S?u3re l .) Ce I tu 0 LP 3. Variance: Yeo ? N0 Amount in variao,-_: Lanath: Width,. Stthad . L R Other. N=-. It is the applicant's responsibility to Clearly damonstrate thatati.yreques" ven. anew are consistent with the variance criteria of the Pinellas County Water and Navigation C-untrol Authority Regulations. The applicant must submit a written varianoo raquost outlining the nature of and need for any variances. The applicant must demonstrate that a literal enfnrcament of the regulations would result in an extreme hardship due to the unique nature of the project and the applicant's property. The hardship must not be cr?attd by action(s) of the proporty owner(s). The granting of the variance must be in harmony with the general intent of the regulations and not infringe upon the property rights of othora. The variance requested must be the .minimum possible to allow for the reasonable use of the applicant's property. Should the applicant fail tb demonstrate that any variance request is consistent with the critaria outlined in the regulations, staff cannot recommend approval of the application. V. CONTRACTOR INFOPMATIOM a certified controctor, state that the look has not been constructed and that it will be built in compliance -with all requirements and standard% set forth in the "Rules and :Regulations" of the Pinellas County Water and Navigation Control Authority, and in accordance with the attached drawings which srcurat,ely renrr.s+ant. all the infnrrnari?r re,,,;?g l to } n .;,rHc? '.i tho a. o.. ^t that 1111s; ?--i- -- -r------ - - -z--- -_ wit. u,rcr. is not built in accordance with the permit or the'informatdon ftirhished is not. correct, 1 3gre4 to either remove the dock or correct the dtficiancy. Signed: Company-Name; Address: V1. OWNER'S SIGNATURE, I hereby apply for a permit to do the above work and suto that the acme will be dons according to the clap or plan attached hereto and made a part hereof,, and agree to abido by the "Rults and Regulations".of tht Pinellas County Water and Navigatom Control Authority for such construction axed, if said construction is within the corporate limits of a municipality, to first secure approval from said m ricipxhty. I fui wu8r slate t4at said coastr-detioa will be mainta4zed in a safe condition at all tiines, should this application bt approved, that I a= the legal owner of the upland from which I herein propose to-construct the improvements, and that the above stated agenJC=tractor may act as nay rtprsaentativ7. I understand that I, not Pinallaa County, am responsible for the accuracy of the information prorided as part of this application and that it is my responsibility to obtain %my necessary permit; and approvals applicable for the proposed activities on either private or sovoraign owned submeyge-d land. Bata t 2Q O?in?ar$ i?i tore Cert. No.: Telephone No.: oc u6rmAr? ?,rs't eJ?3i PLAT 000K _, PAGE _ MAJESTIC,' POINT, A CONDOMINIUM BEING A PART OF SECTION 08, TOWNSHIP 29 SOUTH, RANGE 15, EAST Q-7y B-Q Q-D 0-10 \ CLEARWATER E3Ay? 6-6 D- 1 MANDALAY CFI NEI. !3-S 19-12 Q_ 13 Q-2`? _P DISK .SET IN CCNIER Or stn RAL[ 0 10' 20' 40' L.--. t >mi _i SCALE- P- 20' Gn7A9'c CItpdl rtil P e 0'?A f- c/ e u S I ,?s1de P(?r Gl SI wl no ?j. • rr?g S! n _ CC, y/ _ i% ? r. PAKRS oR,cK nnKns -- p4L(le V?>, '< ? ?' IarU Q? \?\ rho ?? F IB ? ; (sln CZ nnvfns \! fj X01 \° do 3" ?/ 6 S? pQ /P?6j11 ° I D? 1 nIP€1rpRVN m o Cam, y G???e\l? •?h / ufrnt PAVERS PAVERS cnrE ? CTCNT/ON POND \ - cE Ir. A and qq1 b / i •Tlu O, / ``v / N - •^ i [? ?-n P A. I a I Q Q C- ?_ 4 R 4• 4 c•?? d (C?h'L?V ZO y WQ CJ ' DECO PF1VER5 RIVN oRNrlU DECO PAVCRS o a o J a, IIPIMJn 1017.5 I,VLf I INLET S? ,¢ MOPERrY UNf GV Mtli f1000 WSURWCE ILt7C O w 'L ?G ?v 'o G' dA CEMfR Or ?SCARNLL AMP, CLEARWATER 17"'96)"C PMr -, O IJ %'' A}°? R - 170.00 DF PINELtns COUN/Y J 41 jet r7 N N NJ \ ?? N n - 2US65(PJ ?fV 282.50Q PANfI 12IOJC 0102, G, OALCD . h N CONE I 1 Q. 9-J-03 5HOW FRONT IbV.F Of ? ? F?11 ? I n ? Q Q '? L'!I- 251, 10'(AIJ '20'J7'IY (AlJ O'VROING ZONf AL: RCM' IMLr ELEVATOR ?'f• SI8 or OUR&NG ZONE K • ,S 2 ^- ?--- -?- a __ ,? •-... •--.., v / 25IX7'(P) V`V" 0 CONC Rd 1P CONC Rn `L !r IIP r.QNC \,y0 BUILDING fLNnTIONS SJ'• h' DOrTOA1 Of SECOND WAY 7i• s A, I--?- ----- / ?. LOT 37 IN RGV2 OF DUILONJG IS 720 11i1TRL+ ?'} "1'RS? VN? nONCENr (AND IJOI FfEI, F/RSr (G?OUNDJ LOT 3? •?y. __IllLI11L._. `t / y? SKIFF N.V;OOR CON(70 FLOOR IS 5 J FCCf. SECOND 66 4 fn'? ?' TUT BOOK 40 PC, JD f1.OOR IS 19.00 FEET. 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USA 34690 VOICE 727-415-0305 FAX 727-736-2455 INTERNET HNOWITNOVLCOM 0 c 4` _ 4 Wells, Wayne From: Wells, Wayne Sent: Thursday, February 04, 2010 1:39 PM To: 'Brian Anderson' Cc: charlie@hoffmanDevGroup.com Subject: Majestic Point Brian - Thank you. I have revised that C of 0 condition to "met". Wayne From: Brian Anderson [mailto:Brian@gulfsidehomes.com] Sent: Thursday, February 04, 2010 12:04 PM To: Wells, Wayne Cc: charlie@hoffmanDevGroup.com Subject: FW: Majestic Point Importance: High Mr. Wells, Please find the attached recorded Dec and Platt for 200 Skiff Point. Please let me know if you have any additional requirements prior to C.O for 12 of our 14 units. Best regards, Brian Anderson Brun. Anderson. Hoffman Development Group Hoffman Four Properties 941-915-1523 From: Freedman, Robert S. [maiito:rfreedman@caritonfields.com] Sent: Wednesday, February 03, 2010 5:52 PM To: Brian Anderson Cc: charlie@hoffmandevgroup.com Subject: Majestic Point Importance: High Brian, attached is the recorded Declaration of Condominium, which contains the condominium drawings as Exhibit No. 1, for your use in obtaining the certificate of occupancy. Rob Robert S. Freedman , Attorney At Law 4221 W. Boy Scout Boulevard, Suite 1000 Tampa, Florida 33607-5780 direct 813.229.4149 fax 813.229.4133 rfreedman(abcaritonfields.com www. ca ritonfields.com bio ward Confidential: This e-mail contains a communication protected by the attorney-client privilege or constitutes work product. If you do not expect such a communication please delete this message without reading it or any attachment and then notify the sender of this inadvertent delivery. F_ I E-mail message checked by Spyware Doctor (7.0.0.514) Database version: 6.14280 httR://www.pctools.com/spyware-doctor-antivirus/ Wells, Wayne From: Brian Anderson [Brian@gulfsidehomes.com] Sent: Wednesday, February 03, 2010 8:26 AM To: Wells, Wayne Cc: Morris, William D.; dlwalker@pinellascounty.org Subject: RE: 200 Skiff Point/Majestic Point Condominiums BCP2007-05139 Attachments: image001.jpg Thank you for your help with this condition. I will contact Mr. Walker as to our final decision on the vacated slip to insure proper 'removal'. Brian Anderson, CGC, LEED AP Gulfside Homes, In.c. 1829 Laurel Street Sarasota, Florida 34236 0 941.706.2913 F 941.706.2915 GulfsideHomes.com From: Wayne.Wells@myClearwater.com [mailto:Wayne.Wells@myClearwater.com] Sent: Monday, February 01, 2010 5:37 PM To: Brian@gulfsidehomes.com Cc: William.Morris@myClearwater.com; dlwalker@pinellascounty.org Subject: 200 Skiff Point/Majestic Point Condominiums BCP2007-05139 Brian - I have consulted Bill Morris, our Harbormaster, and David Walker, Pinellas County Water and Navigation Control Authority, to weigh in on your question of how to remove one slip; therefore, this response embodies those opinions solicited. In order to remove the one slip, due to the reduction in the number of dwelling units, the following must occur: 1. Railings as described in your email of request below must be installed to cordon off this area, specifically the north side of this removed slip and the west and north sides of the T-walkway to join up with the railings already built along the seawall side of the T-walkway; 2. Removal of the two tie poles from the north side of this removed slip; 3. Installation of a sign at this removed slip that states "No mooring in this location"; 4. Officially revise the Pinellas County Water and Navigation Control Authority permit to reduce the number of slips. David Walker suggested the submission of three pages to the Pinellas County Water and Navigation Control Authority to revise their permit: (1) the cover page with the address and applicant info, (2) the second page with the project info and your signature, and (3) a drawing page where you could white out the extra slip. You would need to notate in the project description and on the drawing that the slip was removed and railing added. If you need a copy of these three pages, contact David Walker and he said he could make them (727-453-3385). Prior to submitting such to the Pinellas County Water and Navigation Control Authority, please call me (727-562-4504) and bring this information to me so I can stamp it approved by the City of Clearwater Planning and Development Department for our records. Let me know if I can be of further assistance. Wayne Wells, AICP `Planner III From: Brian Anderson [mailto:Brian@gulfsidehomes.com] Sent: Wednesday, January 20, 2010 1:54 PM To: Wells, Wayne Cc: 'Brian Anderson' Subject: 200 Skiff Point/Majestic Point Condominiums BCP2007-05139 Mr. Wells, Thank you for your time in discussion of the remaining conditions at our project, 200 Skiff Point. Below is a description of our plans to accommodate the zoning condition of one dock per unit. As you know, we've received approval to combine two smaller units into a larger penthouse. As such, the unit count in the building is now 14, not the 15 originally proposed. To perform accordingly, I suggest 1) Clearly no lift will be installed at the vacated slip. We've completed the lift installation, and there are currently only 14 in place, and only shore pedestals (electric/water) to accommodate 14 lifts are being installed. 2) The side of the finger pier with the 'removed' slip, adjacent to the northern end of the dock assembly, will be cordoned off with railing and mid-rail, as is typical on the dock assembly, to prevent any passage or usage from that side of the walkway. I hope you find the above resolve acceptable, and look forward to your response and/or any additional suggestions you might have. Please feel free to contact me at my personal cell phone number, shown below Brian Anderson Brian Anderson ?LJ?J Hoffman Development Group Hoffman Four Properties 941-915-1523 E-mail message checked by Spyware Doctor (7.0.0.514) Database version: 6.14260 http://www.pctools.com/spyware-doctor-antivirus/- 0 • Wells, Wayne From: Wells, Wayne Sent: Monday, February 01, 2010 5:37 PM To: 'Brian Anderson' Cc: Morris, William D.;'dlwalker@pinellascounty.org' Subject: 200 Skiff Point/Majestic Point Condominiums BCP2007-05139 Attachments: image001.jpg Brian - I have consulted Bill Morris, our Harbormaster, and David Walker, Pinellas County Water and Navigation Control Authority, to weigh in on your question of how to remove one slip; therefore, this response embodies those opinions solicited. in order to remove the one slip, due to the reduction in the number of dwelling units, the following must occur: 1. Railings as described in your email of request below must be installed to cordon off this area, specifically the north side of this removed slip and the west and north sides of the T-walkway to join up with the railings already built along the seawall side of the T-walkway; 2. Removal of the two tie poles from the north side of this removed slip; 3. Installation of a sign at this removed slip that states "No mooring in this location"; 4. Officially revise the Pinellas County Water and Navigation Control Authority permit to reduce the number of slips. David Walker suggested the submission of three pages to the Pinellas County Water and Navigation Control Authority to revise their permit: (1) the cover page with the address and applicant info, (2) the second page with the project info and your signature, and (3) a drawing page where you could white out the extra slip. You would need to notate in the project description and on the drawing that the slip was removed and railing added. If you need a copy of these three pages, contact David Walker and he said he could make them (727- 453-3385). Prior to submitting such to the Pinellas County Water and Navigation Control Authority, please call me (727-562-4504) and bring this information to me so I can stamp it approved by the City of Clearwater Planning and Development Department for our records. Let me know if I can be of further assistance. Wayne Wells, AICP Planner III From: Brian Anderson [mailto:Brian@gulfsidehomes.com] Sent: Wednesday, January 20, 2010 1:54 PM To: Wells, Wayne Cc: 'Brian Anderson' Subject: 200 Skiff Point/Majestic Point Condominiums BCP2007-05139 Mr. Wells, Thank you for your time in discussion of the remaining conditions at our project, 200 Skiff Point. Below is a description of our plans to accommodate the zoning condition of one dock per unit. As you know, we've received approval to combine two smaller units into a larger penthouse. As such, the unit count in the building is now 14, not the 15 originally proposed. To perform accordingly, I suggest 1) Clearly no lift will be installed at the vacated slip. We've completed the lift installation, and there are currently only 14 in place, and only shore pedestals (electric/water) to accommodate 14 lifts are being installed. 2) The side of the finger pie*h the 'removed' slip, adjacent to the noron end of the dock assembly, will be cordoned off with railing and mid-rail, as is typical on the dock assembly, to prevent any passage or usage from that side of the walkway. I hope you find the above resolve acceptable, and look forward to your response and/or any additional suggestions you might have. Please feel free to contact me at my personal cell phone number, shown below. Brian Anderson Brian Anderson Hoffman Development Group Hoffman Four Properties 941-915-1523 uK ?.`'?? ?yy?;, ,?qr.._ -- rwnw.. a??. ?;.c.R?,r,,?¦-- a ...w ?•? We S-t 4 I 11K, 0 0 Wells, Wayne From: Walker, David L [dlwalker@co.pinellas.fl.us] Sent: Monday, February 01, 2010 10:37 AM To: Wells, Wayne Subject: RE: Docks at 200 Skiff Point Wayne, Good morning. I agree with Bill. The tie poles should be removed if it's no longer to be a slip. Also, the rail should continue along the portion of the T-walkway (parallel to the seawall) and meet up with the railing already built along the rear side of this walkway. I think it would also be a good idea to "officially' revise their permit so that anyone down the road issuing future permits (e.g. a repair permit) would know that it was a requirement of the City to remove this slip. The revision on our end would be very simple. Basically it would just need to be three pages: (1) the cover page with the address and applicant info, (2) the second page with the project info and their signature, and (3) a drawing page where they could white out the extra slip. They would just need to notate in the project description and on the drawing that the slip was removed and railing added. If they need a copy of these three pages, let me know and I can make them. Signs are a good idea, probably just one "no mooring in this location" type of sign would do. Hope this helps, Dave 453-3385 From: Wayne.Wells@myClearwater.com [mailto:Wayne.Wells@myClearwater.com] Sent: Monday, February 01, 2010 8:27 AM To: William.Morris@myClearwater.com; Walker, David L Cc: Robert.Tefft@MyClearwater.com Subject: Docks at 200 Skiff Point Bill and David - When the attached dwellings (condos) were approved for this property, there. were to be a maximum of 15 attached dwellings (approved under Case No. FLD2005-01012 on June 21, 2005). A condition of approval for this case was "That boats moored at the docks, lift and/or slips be for the exclusive use by the residents and/or guests of the condominiums and not be permitted to be sub-leased separately from the condominiums." Docks for these attached dwellings were approved July 17, 2007, under Case No. FLD2007- 05017, with a condition that read "That the number of slips not exceed the number of dwelling units, not to exceed 15 slips." The condos have been constructed, as well as the docks. However, the proposal is to reduce the number of units to 14 by combining two units on the top floor. This requires the reduction of the number of slips by one slip. The applicant has suggested the following to remove the one slip on the north side (all slips have lifts except this northernmost slip): 1. Clearly no lift will be installed at the vacated slip. We've completed the lift installation, and there are currently only 14 in place, and only shore pedestals (electric/water) to accommodate 14 lifts are being installed. 2. The side of the finger pier wine 'removed' slip, adjacent to the nor*rn end of the dock assembly, will be cordoned off with railing and mid-rail, as is typical on the dock assembly, to prevent any passage or usage from that side of the walkway. I am looking for some help with a decision. Will this be sufficient to remove such slip? Should a sign also be constructed? Will such railing prevent the mooring of a vessel? I am attaching the applicant's email and some photos of the constructed docks to help. Thanks. Wayne M. Wells, A/CP Planner III City of Clearwater 100 South Myrtle Avenue Clearwater, FL 33756-5520 Phone: 727-562-4504 Fax: 727-562-4865 «200 Skiff Point/Majestic Point Condominiums BCP2007-05139» <<Skiff Point 200 after 01 1.26.10.jpg>> <<Skiff Point 200 after 03 1.26.10.jpg>> • • Wells, Wayne From: Morris, William D. Sent: Monday, February 01, 2010 8:49 AM To: Wells, Wayne; 'dlwalker@pinellascounty.org' Cc: Tefft, Robert Subject: RE: Docks at 200 Skiff Point Wayne; with the Downtown Boat slips, DEP was insistent that the city put railing anywhere we would not be having vessels tie up, so in the eyes of DEP having a railing seems to suffice in restricting the use of an area of dock as a slip. I am a little more concerned about the outer tie poles I see in the one picture. Are they one side of the no longer to be used slip?. I would think that the addition of railings and removal of tie poles would make the area no longer suitable as a slip. Bill M 727-224-7003 cell 727-462-6954 ext 22 office From: Wells, Wayne Sent: Monday, February 01, 2010 8:27 AM To: Morris, William D.; dlwalker@pinellascounty.org Cc: Tefft, Robert Subject: Docks at 200 Skiff Point Bill and David - When the attached dwellings (condos) were approved for this property, there were to be a maximum of 15 attached dwellings (approved under Case No. FLD2005-01012 on June 21, 2005). A condition of approval for.this case was "That boats moored at the docks, lift and/or slips be for the exclusive use by the residents and/or guests of the condominiums and not be permitted to be sub-leased separately from the condominiums." Docks for these attached dwellings were approved July 17, 2007, under Case No. FLD2007-05017, with a condition that read "That the number of slips not exceed the number of dwelling units, not to exceed 15 slips." The condos have been constructed, as well as the docks. However, the proposal is to reduce the number of units to 14 by combining two units on the top floor. This requires the reduction of the number of slips by one slip. The applicant has suggested the following to remove the one slip on the north side (all slips have lifts except this northernmost slip): Clearly no lift will be installed at the vacated slip. We've completed the lift installation, and there are currently only 14 in place, and only shore pedestals (electric/water) to accommodate 14 lifts are being installed. The side of the finger pier with the 'removed' slip, adjacent to the northern end of the dock assembly, will be cordoned off with railing and mid-rail, as is typical on the dock assembly, to prevent any passage or usage from that side of the walkway. I am looking for some help with a decision. Will this be sufficient to remove such slip? Should a sign also be constructed? Will such railing prevent the mooring of a vessel? I am attaching the applicant's email and some photos of the constructed docks to help. Thanks. Wayne M. Wells, A/CP Planner III City of Clearwater 100 South Myrtle Avenue Clearwater, FL 33756-5520 Phone: 727-562-4504 Fax: 727-562-4865 • << Message: 200 Skiff Point/Majestic Point Condominiums BCP2007-05139 >> << File: Skiff Point 200 after 01 1.26.10.jpg >> << File: Skiff Point 200 after 03 1.26.10.jpg >> n • Wells, Wayne From: Brian Anderson [Brian@guIfsidehomes.com] Sent: Wednesday, January 20, 2010 1:54 PM To: Wells, Wayne Cc: 'Brian Anderson' Subject: 200 Skiff Point/Majestic Point Condominiums BCP2007-05139 Attachments: image001.jpg Mr. Wells, Thank you for your time in discussion of the remaining conditions at our project, 200 Skiff Point. Below is a description of our plans to accommodate the zoning condition of one dock per unit. As you know, we've received approval to combine two smaller units into a larger penthouse. As such, the unit count in the building is now 14, not the 15 originally proposed. To perform accordingly, I suggest 1) Clearly no lift will be installed at the vacated slip. We've completed the lift installation, and there are currently only 14 in place, and only shore pedestals (electric/water) to accommodate 14 lifts are being installed. 2) The side of the finger pier with the 'removed' slip, adjacent to the northern end of the dock assembly, will be cordoned off with railing and mid-rail, as is typical on the dock assembly, to prevent any passage or usage from that side of the walkway. I hope you find the above resolve acceptable, and look forward to your response and/or any additional suggestions you might have. Please feel free to contact me at my personal cell phone number, shown below. Brian Anderson Brian Anderson Hoffman Development Group Hoffman Four Properties 941-915-1523 0 0 Wells, Wayne From: Wells, Wayne Sent: Tuesday, January 13, 2009 4:17 PM To: Doreen Williams (E-mail) Subject: 200 Skiff Point Doreen - Following is my landscape comment on Building Permit #BCP2008-08446 to construct the pool, spa and deck at 200 Skiff Point. You may want to show on the landscape plan the location of the pool equipment. "The proposed pool equipment displaces a lot of landscaping proposed to be installed, per Landscape Sheet L1.1. Need to revise Sheet L1.1 under BCP2007-05139, as this mechanical equipment was not disclosed on the plans previously. Specifically, the palm trees originally planned to be planted in this pool equipment area need to be shown to be planted in another acceptable location on-site and the landscaping (shrubs and groundcovers) need to be relocated (most likely you will only want grass inside the pool equipment fencing)." Wayne M. Wells, AICP Planner III City of Clearwater 100 South Myrtle Avenue Clearwater, FL 33756-5520 Phone: 727-562-4504 Fax: 727-562-4865 Page 1 of 2 Wells, Wayne From: Delk, Michael Sent: Wednesday, October 11, 2006 3:23 PM To: 'ddennehy@triomgmt.com' Cc: Wells, Wayne Subject: FW: 200 and 201 Skiff Point Dan - FYI. Let me know if any questions regarding Wayne's response. michael Michael Delk, AICP Planning Director City of Clearwater, FL 727-562-4561 myclearwater.com -----Original Message----- From: Wells, Wayne Sent: Wednesday, October 11, 2006 7:22 AM To: Delk, Michael Subject: RE: 200 and 201 Skiff Point Michael - Mr. Dennehy is correct in that a Foundation Permit #BCP2006-09200 was submitted on September 19, 2006, and,by Code provisions and the Development Order, they have complied by submitting for a construction permit to build the improvements within the allotted time frame. This is assuming issuance of the building permit, actual construction of the foundation and the submission, issuance and construction of the rest of the building and site improvements. Wayne -----Original Message----- From: Delk, Michael Sent: Monday, October 09, 2006 1:03 PM To: Wells, Wayne Subject: FW: 200 and 201 Skiff Point Wayne - FYI. mld -----Original Message----- From: Dan Dennehy [mailto:ddennehy@triomgmt.com] Sent: Monday, October 09, 2006 12:45 PM To: Delk, Michael Cc: 'Doreen Williams'; Marc Greene; 'ROBERT RESCH III' Subject: 200 and 201 Skiff Point 10/11/2006 I/ - - a 0 Michael, Page 2 of 2 I received a copy of your letter to Doreen Williams regarding FLD2005-01012 - 200 and 201 Skiff Point dated October 3, 2006. 1 would like to confirm that a Foundation Permit was applied for on 9/13/06 and a Plans Review Fee was paid on 9/19/06. It is my understanding that the filing of this application automatically stopped the Development Order expiration clock from ticking. The new expiration dates are now tied directly to this application and any subsequent permit that may be issued. Please let me know if my understanding is in error. Thanks. Daniel Dennehy TRIO Management cell 727-278-4400 office 727-466-0484 fax 727-466-0417 1208 S. Myrtle Ave. Clearwater, Fl. 33756 10/11/2006 0 0 ,. S0??;?'rrr d LONG RANGE PLANNING DrvFE.OPMFNr REVIEW Ms. Doreen Williams Northside Engineering Services Inc. 601 Cleveland Street, Suite # 930 Clearwater, Florida 33755 RE: FLD2005-01012 - 200 and 201 Skiff Point Corrected Time Extension Development Order Dear Ms. Williams: October 3, 2006 On June 21, 2005, the Community Development Board (CDB) approved the above application for Flexible Development approval to permit 15 attached dwelling units with reductions to the front (east) setback from 25 feet to 15 feet to building and from 25 feet to three feet to pavement; a reduction to the side (north and south) setbacks from 10 feet to 6.5 feet to building and five feet to parking; a reduction to the rear (south) setback from 15 feet to zero feet to pool deck, five feet to pool and 7.5 feet to parking; and an increase in height from 30 feet to 49 feet to roof deck and additional four feet for parapet (from roof deck to top of parapet) and an additional 16 feet for elevator overrun (from roof deck), as a Residential Infill Project, in the Island Estates Neighborhood Conservation Overlay District (IENCOD)/Medium High Density Residential (MHDR) District under the provisions of Sections 2404.F and 2-1602. C and H. 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 (June 21, 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 June 8, 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 the problem of delays due to architectural and engineering conflicts, along with marking and sales lagging behind schedule. Since the approval of this project, the Code has been amended in the following manner that has a significant effect on this project: 1. The requirement for parking has been amended to two parking spaces per unit. This project was approved with 24 parking spaces for 15 attached dwelling units, at a parking ratio of 1.6 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. The project approved by the CDB included a parapet height of four feet. FRANK I111MARU. MAYOR C ITY OF C LEARWATE R PLANNING DEPARTMENT POST OFFICE Box 4748, CLFARWATER, FI.ORIOA 33758-4748 MUNICIPAL. SERVICES BUILDING, 100 SOUTH MYRTLE. AVENUE:, CLFA4WATER, FLORIDA 33756 TE:Lr;PHONE (727) 562-4567 FAx (727) 562-4865 JCmN i m,%N, CCx NC:u.,wmiwiR 11O)T I IANIII:R)N, CUI'NCII.?1F:>ntia; 13iu.JONSON, CC)UNC 112,1 MBER ® CAtmi::N A. PrnTsr.N, Co NCII.,UE>II9'.It "I:C)UAL EM TOYI\IFN1'AND Ai:HNNIATIvP: Ac: ru)N Eml)i.OVr:W' 1 0 0 June 20, 2006 Williams - Page Two The definition of "Height, building or structure" has been amended to permit structures permanently affixed to the roof that accommodate rooftop occupancy only when the structure complies with the maximum allowable height. In the Medium High Density Residential (MHDR) District the maximum allowable height is 50 feet. The project as approved by the CDB included a building height of 49 feet (to the roof deck), but included an open pavilion on the roof giving rooftop occupancy. This open pavilion exceeds the maximum allowable height of 50 feet. In considering the above changes to the Code, in accordance with the provisions of Section 4407 of the Community Development Code, I APPROVE a six-month time extension to December 21, 2006, to submit an application for a building permit to construct the site improvements on your parcel at 200 and 201 Skiff Point. In the event you are unable to proceed with the project by submitting for the building permit, the CDB may approve one additional extension of time to initiate a building permit application. Such extension shall not exceed one year, shall be for the project originally approved (or as approved through the Minor Revision process) and shall be for good cause shown and documented in writing. The CDB must receive the request for this extension within the time frame granted by the Planning Director (period of validity after the original extension approved by the Planning Director, which means that any time extension request must be submitted with sufficient lead time to be placed on the CDB agenda that precedes the above expiration date). Good causes may include, but are not limited to, an unexpected national crisis (acts of war, significant downturn in the national economy, etc.), excessive weather-related delays, and the like. The CDB may also consider these same Code amendments enumerated above, whether significant progress on the project is being made and whether or not there are additional pending or approved Code amendments that would further significantly affect the project. Please be aware that the issuance of this Development Order does not relieve you of the necessity to obtain any building permits or pay any impact fees that may be required. In order to facilitate the issuance of any permit or license affected by this approval, please bring a copy of this letter with you when applying for any permits or licenses that require this prior development approval. If you have any questions, please do not hesitate to call Wayne M. Wells, AICP, Planner III at 727-562-4504. Sincerely, Michael Delk CP Planning Director S: (Planning DepartmentlCD BIFLEX (FLD)Unactive or Finished ApplicationslSkiffPoint 200 (MHDR & 1EOD) - Approve&Skiff Point 200 Time Extension Corrected Development Order 620.06doc P, t "','. rsA C ITY OF C LEARWAT E R PLANNING DEPARTMENT '-'ATER,Pos-r Orru:r Box 4748, Ci.r,?liwni,:EZ, F,.oainn 33758-474H '?MUNICIPAL SGRVICIS I UILDixc, 100 SOUI'li MYIt-i-ur AvI:.Nn:., CLEARWATER, FLORIDA 33756 11"LEPHOVI: (727) 562-4567 FAX (727) 562-4865 LONG RANGE- PIANNING June 20, 2006 Di.-VE .OPMINi- RI:vII:W Ms. Doreen Williams Northside Engineering Services Inc. 601 Cleveland Street, Suite # 930 Clearwater, Florida 33755 RE: FLD2005-01012 - 200 and 201 Skiff Point Time Extension Development Order Dear Ms. Williams: On June 21, 2005, the Community Development Board (CDB) approved the above application for Flexible Development approval to permit 15 attached dwelling units with reductions to the front (east) setback from 25 feet to 15 feet to building and from 25 feet to three feet to pavement; a reduction to the side (north and south) setbacks from 10 feet to 6.5 feet to building and five feet to parking; a reduction to the rear (south) setback from 15 feet to zero feet to pool deck, five feet to pool and 7.5 feet to parking; and an increase in height from 30 feet to 49 feet to roof deck and additional four feet for parapet (from roof deck to top of parapet) and an additional 16 feet for elevator overrun (from roof deck), as a Residential Infill Project, in the Island Estates Neighborhood Conservation Overlay District (IENCOD)/Medium High Density Residential (MHDR) District under the provisions of Sections 2404.17 and 2-1602. C and H. 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 (June 21, 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 June 8, 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 the problem of delays due to architectural and engineering conflicts, along with marking and sales lagging behind schedule. Since the approval of this project, the Code has been amended in the following manner that has a significant effect on this project: 1. The requirement for parking has been amended to two parking spaces per unit. This project was approved with 24 parking spaces for 15 attached dwelling units, at a parking ratio of 1.6 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. The project approved by the CDB included a parapet height of four feet. FRANK 1111M KI,, NIAMI, .1()f 1-N DORAN, C()I xcn.>u: n(i R I [()VI I I:U111:1 ()X, Ci,i WILME 81.111 R11.1.1()Nu,x, (:f>i x(.n.w: n(rR ® I:.'\ A. I'rn[rsr.n- O XCHAIFNIBEN I it 46 • June 20, 2006 Williams - Page Two 3. The definition of "Height, building or structure" has been amended to permit structures permanently affixed to the roof that accommodate rooftop occupancy only when the structure complies with the maximum allowable height. In the Medium High Density Residential (MHDR) District the maximum allowable height is 50 feet. The project as approved by the CDB included a building height of 49 feet (to the roof deck), but included an open pavilion on the roof giving rooftop occupancy. This open pavilion exceeds the maximum allowable height of 50 feet. In considering the above changes to the Code, in accordance with the provisions of Section 4-407 of the Community Development Code, I APPROVE a six-month time extension to December 21, 2006, to submit an application for a building permit to construct the site improvements on your parcel at 19 - 21 Somerset Street. In the event you are unable to proceed with the project by submitting for the building permit, the CDB may approve one additional extension of time to initiate a building permit application. Such extension shall not exceed one year, shall be for the project originally approved (or as approved through the Minor Revision process) and shall be for good cause shown and documented in writing. The CDB must receive the request for this extension within the time frame granted by the Planning Director (period of validity after the original extension approved by the Planning Director, which means that any time extension request must be submitted with sufficient lead time to be placed on the CDB agenda that precedes the above expiration date). Good causes may include, but are not limited to, an unexpected national crisis (acts of war, significant downturn in the national economy, etc.), excessive weather-related delays, and the like. The CDB may also consider these same Code amendments enumerated above, whether significant progress on the project is being made and whether or not there are additional pending or approved Code amendments that would further significantly affect the project. Please be aware that the issuance of this Development Order does not relieve you of the necessity to obtain any building permits or pay any impact fees that may be required. In order to facilitate the issuance of any permit or license affected by this approval, please bring a copy of this letter with you when applying for any permits or licenses that require this prior development approval. If you have any questions, please do not hesitate to call Wayne M. Wells, AICP, Planner III at 727-562-4504. Siinnc'eerrely, Michael Delk, AICP Planning Director S:IPlanning DepartmentlCD BIFLEX (FLD)Ilnactive or Finished ApplicationslSkiff Point 200 (MHDR & IEOD) - ApprovedlSkiff Point 200 Time Extension Development Order 6.20.06doc Z(MFR19 W(00 S"M" smeea lom June 8, 2006 Mr. Michael Delk Planning Director City of Clearwater Planning Department 100 S. Myrtle Avenue Clearwater, FL 33755 RE: FLD2005-01012 200 Skiff Point Dear Mr. Delk: CIVIL O LAND PLANNING C ENVI RON MENTAL O TRANSPORTATION C The above project was issued an approved Development Order on June 21, 2005. Pursuant to Section 4-407, our application will expire on June 21, 2006 if a building permit application is not applied for. At this time, I would like to request a six month extension due to delays with architectural and engineering conflicts along with marketing and sales being behind schedule. Thank you for your consideration in the extension of our Development Order. We look forward to your favorable response. Sincerely, oreen A. Williams Project Director ORIGINAL RECEIVED JUN 0 8 2006 601 CLEVELAND STREET, SUITE 930 CLEARWATER, FLORIDA 33755 NESADMIN@MINDSPRIN6.COM NESTECH@MINDSPRING.COM 727 • 443 • 2869 FAX 727 • 446 • 8036 PLANNING DEPARTMEN i CITY OF CLEARWATER 9 0 Page 1 of 1 Wells, Wayne From: Dan Dennehy [ddennehy@triomgmt.com] Sent: Friday, June 16, 2006 2:20 PM To: Wells, Wayne Cc: Roland Rogers; Ed Smeltz Subject: 200 Skiff Point (Majestic Point) By fax I am sending you a letter from our surveyor confirming the location of the Florida Power easement on the site. Attached to the letter is a copy of the FPC Easement dated 1/10/61 which delineates the location of the entire FPC easement on Island Estates for the subterranean power lines that feed north Clearwater Beach. The surveyor overlaid the FPC easement on the Island Estates grid including our site. He concludes that the 10' FPC Easement Area A, as described in the 1961 easement, falls within the 12' FPC easement shown on the current survey of our site. The 12' easement runs along the northeast property line. 6' of that easement is within our property line. The building setbacks that have been approved are beyond this easement therefore we conclude that the location of the power line and the easement have no affect on the site plan as approved and there will be no affect on the building plans. Let me know if you have any other thoughts or questions. Thanks. Daniel Dennehy TRIO Management cell 727-278-4400 office 727-466-0484 fax 727-466-0417 1208S. Myrtle Ave. Clearwater, Fl. 33756 6/16/2006 'Jun 16 2006 2:34PM HISASERJET FAX • p.1 RoBEL INVESTMENTS To: Wayne Wells From., Dan Dennehy Fax: 727-562-4576 Pages: 4 Phone: 727-562-4504 Date: June 16, 2006 Re: Florida Power Corporation Easement U JUN 16 2006 QFUELOPM6NT SERVICES OF-P? ADDRESS: 1208 South MyrUe Avenue I Clearwater, Florida 33756 T » 727.466.0484 F)s 727,466,0417 » www-rvbelinvestment&com Jun 16 2006 2:34PM ASERJET FAX h n-16- 2006 2:41PM N STAUB ,tune 16, 2o0s . No•0598 P- 1 p. 2 ]KLEIN & STAUB 8016 Old County Z 54 New Port Richey, Florida a 34 34bS3 Tel: 727) 834-8140 x: (727) 834-8150 SURVEYING, INC• Fa Rogers Beach Development 321 Coronado Drive Clearwater, Florida 33767 JUN 1 6 2006 OF.uELOPMENT SERVIC S DEPT Dear Dan: RE: FLORIDA POWER CORPORATION EASEMENT Attn: Dan Dennehy The 10 toot Florida Power Corporation easement recorded in official records book 1079, page 331 is contained within the 12 foot Florida Power Corporation easement between lots 36 and 37 of the plat of Unit 5A Island Estates of Clearwater according to the map or plat thereof recorded in plat book 60, page 51 of the pub5c records of Pinellas County, Florida. Thomas S Cla cey Please call with any questio '- /?4; n PLS 'Jun 16 2006 2:34PM ASERJET FAX • p.3 3TATF aF FLMnA CQU rm OF 1 aa. PIlY.tsLLAS ? T IMMY C1- RVFT that on this th d^yr of b er A. ). 19601 before me pereenally •opearad M. P_ Halo ILA Charles Ate Phill,ipa Jr. reaoeclively Vi?cce Pronident and _, Secretary of f?7R'I'N F1A2 (X?i4i?A??Y a vorpwation CC the State of rldrida, to Rio kno•n, to by the parryena dgeembed in and 'who exrcated tin tureHoing instrument to the rIA)Ri D1 FIJIVU1 17!UTRATIUM and severally ac.- knowledgad the execution thereof to be the it f rte cot and dead an such officern, ror• tho uooe and purpoams tharcin mantiomidl and that they x'- cixed thereto the official anal of said corpcratione and the said intst:u_ Went ie the not and de:.ed cf ua+d corporation. WIT-M.1 PY alematuro and officja2 need in *aid Cmuity Mild $t.Lta# Me day and year ]act aforeoaid. (IR AMAL CMAL) /s/ jeanette K. Tanner lrotar-j Public yy Co?mnile.eian FrViren I August 21, 1963 104 •d 9Ht M LL131 SOAS 9VINDNOMAN3 Odd 94 I £ 1 (311) 10 l£0- 10,30 ` 'aun 16 2006 2:34PM HOASERJET FAX p.4 1079, Page 331 January 10, 195l nn011 ALL 10,?l f1x tJwt t'or the stua or Cs!s .Dcll.c•r and other valuable Comm ideraticoin, tl:e receipt t+horFOi ;a he.rebp ackno,Q- anpoidr the undersiancd her by p.rarti:u alri conveyn to rLV-'t A !'t111 G):iF l- I.AT:EpHe ite t uceetsnord am! aseirsna" ?' the ii gltt .. p RMrilope land oaaemcnt to 30ndtructg insta-Us operate nr;d N&Lntsin a oubmarine, alactric cable lira Tor the trarigntasion and dtutrlbvtion or sloctriciEkv1 to€ptNtr with other related and ippurtanent racilities ncaeasAry iM corthtation t1wrewlth tar ruch purposes on, over, across, throagh MA Under the SolLuvirkv deoeribsd e aaa?nent areab in Pinalz4s Conntr, 3tato or tckorid&, to wit r ra.WHERT AR.vA „fin 1D-.etet wide A 10-root *do aasemamb arrn lying 5 toot an each side of they followirtq depariberi cm+ter lines F=+,m line of intoresotion ai' H'i.std%rard Paraaee the tenter and Tthe Unit I, Island 1 atatcv, Clearvaters as ha+m o plat a thcreoY erid retarded in Plat hook tab, Puoros 62 and E,3s Public Records of P"41160 Covntro Flortdai run north 1790.33 roetj thence i•teet ??9 lest r a Point of BeainninIt) rust thence MorthIt a 6+ ! 0to the end at eas?ern>rnt mean.. 26 der, rear totid F?aor?nt Arva "B" M Point FAA". 11ASFASN''T AVA non 30-fact Vida A 30-foot wide oasanent ,srca lying 15 foet nn eaeh aide of the !o]loxing dsnorlbed center li>yei 4"rom Point "All .. thus tatabli,ahud in Ebasmant Area "A"v North lop Most 115.5 Saat ton 1171441 point in the >'A,star-3y. ??:7e 1' Mandalay Unit 5 me el,cwn on plat thareaf treat rt co ed in plat, nook Pk, Pace 63, PuW.L flocardn of Pinollss Cr• cram norlcte#eajd point ly,trgi within the tsoundar• ' Leplanade and being the end of easement area of fyr The said aubntdrina olactric cable line ehal,l be constructed WA inatAlleed at the ZDCBL?OA and vithin tha c4aetaeht areas shown on 0mateete Graving Kc. 7..2114, dated 119Tenb,er 2, 29601 attachod heretci, incorporated herota, and by thj.A ralot Once trade a part hareal. UMAtme shall have tltn r1rht to patrol,, inapCot, altar, i.rtpro-rre ret)air or rsplnoo rho swirl at+l•mnr;,?e el , catric Cable lirLr, lne];,tdinl; all ott: rights and r.Tlrr',lr?a, gel P..a; Ito reasonvai rt ly reAs2ary ur ra-tvctticnt for the en;Jot*nent ccr usm of thie 01borrment for tltc purpo:teg chore dcncr-tbe f, 200 'd 91D M 4it:131 SDAS IVINNHIAN3 Odd 9i :£1 1341) Z0 ,£0- '030 .fun 16 2006 2:34PM ISERJET FAX !:,,?.,? ,?,y ;r';• 14 r1a?'y i'It:{:•,;;r,;;:.,r;,,,. 'Lr; :.:,ti.a?, ;' r :t . ;??+, ? ',•,y , :?i y _, 1rh..4'n fv' 1. ,.I ra ,? '. }.. r, .: f•.;'i ?; :` . , , 1, : t t?{SC ?+,. , •?:. aa,i;t d-"??:''... ? '•'. ?t.i,. i:7j., : ?:. .,'] . ? ??..i: ?':. L?.,..... V ^, r M ' innalqltt?? Fb?N:`troa?dti ; I ;t, t.:.,•' 1,• ,;,!;,; :,;,;• ? ? ?. ? •,,;,??• ?',;._+?? t:1?"I ,•• i tti ;• i 3> c_'?i,.'? I:.?(:?: ?? I?r9 dte ? ?? ? id2 Eub •' '?. _ eebit?ed!? pr'"?t?s<}?.?p,oai;}.dt? ax i!?i' `• ;r_ .l:" ts!. {^t: n 11'?,'G ,v ! 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''f ,''.:? •. . p 401 1'r Q?l wr Ltv Q % IBiAgnadjaDcAllrd anti"dell verad' J Z69.1i lae oft HtATt1 ,bJ?L'SA.??A?t't ' '?'ra?;'_:g ,,,r ;•" ?`r ' - . /DMary 1•R I 'Donald ?'° -' , • ? • ' •...:: ,• . , . , ' •1':?;i•,""•?".?:'?_??{ •?•...?, ...._...?...... _ )Jr H • hale ''.: a.:+. " - ? , r17y;1, ply r, •r ? ':. i?/• •??,?1a?pr'-'•'i uJn?,?•'i ', lee ,•: ,Y, ?1:14. jai ae 1' t,i t { iC 1n1 t) :. Charles ? ?p1 : ' ?`ti• 7 r'. u`, .'; .1 1 "..' .,..? r, ' f '.... a .?-.,?? . ? BDlit'A,t7 t4 "j? ti.?.l' • ' i r r4 ..pr a[n',!•j•N f??y' ,\.r1*;,•. '; 1.F 1. { ! r,.• ,. ,.a < tK. i. j• ?•?? •Itl.?t l'',?sri :'t} ? ,,? q• ? 'r :' ? '.. - ? . •. ?. /' • ? • as•?:'r...• \rtA ? r 1. r\' n r:!i :? tr,lai,v, •,L•'•r„I+,?1v '''''!'•i1.7•`` .1.• r. ;?..? ftI'?."' , ,ry I' 71 ^>y'jr.•1 •??..?id, :'rr, t5?.',•i ' ••?: r. 47• .i'f} Si't 9 ! 7 ?.l. 4... d ,r 'S. ••d'•' !: .y. „? ?• •.a?ph, rf t 7;L...\/,? :It. .?.'•.. .? 'i; '.:y. r ,Y1t ? '1'. 'o .1,,.•St +J 1. .,:, ?. •I !.Z•.. Ni ,. i. .•. rs fy` I. .ar., .ri• ':N• 4. ?•.?ahf?l; ` +i -+,r tom! ,t i.?. '?( ~•• 1? 'I Vii: I 'r,r.'l'e7r?: ??'•?[ 1. •t. fl !'a- 1?{n +i ? Y ?' :a\?. .[; Y'17C'. f'Y:., t?. r.'' •rr. l` r•i'?tiil •!r •?'' i i z ".2 «?JVJ,iJS1,Jr/'I I•.L'i?* \!•?j l'}l. a ? a:'' .?•'• ., ., ,5}.:;h/ . .?'?, ._ _ drr ,r•!^'}, ti.J?,.i.?.Y?..!.:t S'i'i•.. •_ _. .ir 4 1'.\a , a• ••a :. ,'.• '. >drA:?. !Ct '?' tr00 'd 91U M LZ4:131 SOAS 'TY IXENNOMAN3 Odic Li :£I (a0l) Z41£4- ?a 0 0 STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS ISLAND ESTATES CIVIC ASSOCIATION, Appellant, VS. Case No. 05-2475 COMMUNITY DEVELOPMENT BOARD, CITY OF CLEARWATER and SKIFF POINT OF CLEARWATER, LLC, Appellees. FINAL ORDER This case involves an appeal of the Development Order issued by the City of Clearwater (City) authorizing Skiff Point of Clearwater, LLC (Applicant), to construct a five-story, 15- unit residential condominium (the Project) on a 0.5 acre parcel at the end of the cul-de-sac on Skiff Point (the Property). The appeal was brought by Island Estates Civic Association (Association), a civic association whose boundaries include the Property. The Division of Administrative Hearings (DOAH), by contract and pursuant to Sections 4-501.B.1 and 4-505 of the City's Community Development Code (Code), has jurisdiction over this appeal. Oral argument was held in this case on September 21, 2005, before Administrative Law Judge T. Kent Wetherell, II. 0 • At the oral argument, the record of the proceedings before the Community Development Board (Board) was received and argument was presented by the parties. See Code § 4-505.B.1 As allowed by the Code, argument was also presented by several of the individuals who had been granted "party status" by the Board: Frank Dame, Neil Spillane, Kevin Barry, and Carroll Lovett. Id. The parties filed briefs detailing their respective positions, and they were also afforded the opportunity to file proposed final orders, which they did. See Code § 4-505.D. Additionally, Mr. Spillane filed a letter in which he responded to the arguments presented in the Appellees' briefs. Due consideration has been given to the parties' written submittals and oral arguments. Code Section 4-505.D was recently amended to eliminate the requirement that the Final Order include findings of fact. See City Ordinance No. 7413-05, § 21 (effective May 5, 2005). The Final Order is only required to include "conclusions of law and a determination approving, approving with conditions, or denying the requested development application." Code § 4-505.D. A brief procedural history and overview of the Project is also included to provide the context necessary to evaluate the issues raised in the Association's appeal. 2 • • I. Procedural Historv and Protect Overview On March 10, 2005, the Applicant filed a sworn flexible development application seeking approval of the Project as a "residential infill project." The Project requires Level Two approval under the Code because it proposes reductions in the minimum setbacks and an increase in the maximum height specified in the Code. The Property is composed of two pie-shaped lots. The width of the Property varies from 70 feet in the front to 250 feet in the rear along the Intracoastal Waterway. The average width of the lot, as calculated by City planning department staff, is 160 feet. The Property is zoned Medium High Density Residential (MHDR). The immediately adjacent parcels and the entire "finger" of land around Skiff Point on which the Property is located are also zoned MHDR. All of the parcels on Skiff Point are developed with multi-family residential attached dwellings, except for one parcel which is developed with a single-family residence. Attached, condominium-style dwelling units "dominate" Skiff Point. The "finger" of land around Dolphin Point, which is to the south of the Property, is also zoned MHDR and is developed with multi-family residential attached dwellings. The "finger" of land around Palm Island Southwest, which is to the north of the 3 0 • Property, is zoned Low Medium Density Residential and is developed with single-family residences. The Property is currently developed with two residential buildings, comprised of a two-story building and a one-story building containing a total of six attached dwelling units. Those buildings will be demolished to construct the Project. The adjacent parcel immediately to the north of the Property is developed with a three-story condominium building with nine units. The adjacent parcel immediately to the south of the Property was developed with a two-story multi-family residential building, but it was represented at the oral argument that that building was recently demolished. There is conflicting testimony in the record as to whether the structures on the adjacent properties are elevated above the base flood elevation, as is required under the Code for new construction. The Project will have parking on the ground floor, which is consistent with the condominium on the immediately adjacent parcel to the north of the Property as well as other condominiums in the Skiff Point/Dolphin Point area of Island Estates. The condominium units in the Project will be on the four floors above the parking. All of the parking for the Project will be on-site. No deviation from the parking requirements in the Code was requested, and the 24 on-site parking spaces exceed the 4 requirements of the Code by one space. There will be deed restrictions requiring owners of the units in the Project to park on-site. The Project will have a Mediterranean-style design, which is consistent with the condominium on the parcel immediately to the north of the Property. The Project will also have extensive landscaping and underground utilities. The total height of the Project will be 71 feet, but for purposes of calculating height under the Code, the Project will be 49 feet. The Code calculates height from the base flood elevation, rather than ground level, and excludes certain aesthetic features on the roof. The Project is considerably higher than the 30-foot to 35- foot buildings on the immediately adjacent properties, but the Project's height is not inconsistent with the development in the surrounding neighborhood. The analysis prepared by the Applicant's planner identified several buildings within 500 feet of the Project that are over four stories in height, and she testified that the Skiff Point/Dolphin Point area of Island Estates "is dominated by buildings that are multi-story, particularly those that are over four stories in height." The application was considered by the Board at three separate meetings: April 19, 2005; May 17, 2005; and June 21, 2005. The Board heard testimony at each of the meetings from 5 0 0 City planning department staff, the Applicant, and persons and groups (including the Association) with "party status". The testimony was sworn,2 and the opportunity for cross-examination was provided at each meeting. The Board also heard "public comment" on the Project at each meeting from individuals who did not have "party status." At the conclusion of the April meeting, the Board granted the Applicant's request for a continuance so that the Applicant "could take some time to discuss this with the neighbors and maybe have a plan that may meet the Board's concerns, also." No changes were made to the Project after the meeting. At the conclusion of the May meeting, the Board voted on a motion to deny the application. The vote was three to three, and because four votes are necessary for the Board to take action, consideration of the Project automatically carried over the Board's next meeting. At the conclusion of the June meeting, a motion to deny the application failed by a vote of four to two. A subsequent motion to approve the application passed by the same vote. The motion for approval was based upon the proposed findings of fact and conclusions of law in the staff report prepared by the City planning department. The staff report, which was prepared by planner Mark Parry in advance of the April meeting, recommended approval of the 6 0 0 Project. The staff report was updated prior to the May and June meetings, but no substantive changes were made in the report or to the staff recommendation of approval. The staff report included an analysis of the Project as well as findings that the Project was consistent with each of the criteria in Code Sections 2-404.F. and 3-913. In making those findings, the planning department staff received input from other City departments (e.g., fire, utilities, stormwater, traffic, etc.) that reviewed the application. The Project received favorable endorsements from the other City departments, and no problem areas were identified. Among other things, the staff report states that the Project's setbacks "are comparable to other developments in the area" and that "[t]he proposed building of four stories over ground level parking is consistent with other developments in the area." Consistent with those statements, Mr. Parry testified at the June Board meeting that "staff has found that the request for increased height is compatible with the surrounding neighborhood" and that there area other buildings in the area that are taller 30 feet, which is the height requirement from which the Applicant is seeking a deviation. Mr. Parry and other members of the City planning department staff (e.g., Mr. Thompson and Ms. Clayton) also testified at.the Board meetings and were subject to cross-examination regarding 7 0 • the staff report and the Project's compliance with the applicable criteria in the Code. Representatives of the Applicant, including attorney Troy Purdue, architect Robert Resch, engineer Housh Ghovaee, and planner Ethel Hammer, also testified at the Board meetings and were subject to cross- examination regarding the nature of the Project, the character of the adjacent and surrounding development, and the Project's compliance with the applicable requirements in the Code. Extensive testimony was presented by individuals opposed to the Project at each of the Board meetings. The testimony primarily focused on the incompatibility of the Project with the development on the adjacent parcels and the inconsistency of the Project with the character of the surrounding area because of its height and bulk. On June 23, 2005, the City issued a Development Order approving the flexible development application for the Project with conditions. The "bases for approval" set forth in the Development Order are that the Project complies with the requirements of Code Sections 2-404.F and 3-913 and that the Project "is compatible with the surrounding area and will enhance other redevelopment efforts." On or about June 30, 2005, the Association timely filed an Appeal Application contesting the Development Order and the 8 0 • Board's approval of the Project. The appeal was transferred to DOAH on July 12, 2005. II. Scope of Appeal and Standard of Review In this appeal, the burden is on the Association to show that: [1] the decision of the [Board] cannot be sustained by substantial competent evidence before the board, or [2] that the decision of the board departs from the essential requirements of law. City Code § 4-505.C. The scope of review in this appeal is limited to those two issues. See, e.g., Belniak v. Top Flight Development, LLC, Case No. 04-2953, at 14-15 (DOAH Nov. 23, 2004). The Association does not argue that the Board's approval of the Project departs from the essential requirements of law. It only argues that the Board's decision is not supported by competent substantial evidence. When used as an appellate standard of review (as is the case in Code Section 4-505.C), competent substantial evidence has been construed to be "legally sufficient evidence" or evidence that is "sufficiently relevant and material that a reasonable mind would accept it as adequate to support the conclusion reached." DeGroot v. Sheffield , 95 So. 2d 912, 916 (Fla. 1957). 9 0 • In determining whether the Board's decision is supported by competent substantial evidence, the undersigned is not permitted to second-guess the wisdom of the Board's decision, reweigh conflicting testimony presented to the Board, or substitute his judgment for that of the Board as to the credibility of witnesses. See, e.g., Haines City Community Development v. Heggs, 658 So. 2d 523, 530 (Fla. 1995); Belniak, supra, at 13-15. Moreover, it is immaterial that the record contains evidence supporting the view of the Association so long as there is competent substantial evidence supporting the findings (both implicit and explicit) made by the Board in reaching its decision. See, e.g., Florida Power & Light Co. v. City of Dania, 761 So. 2d 1089, 1093 (Fla. 2000); Collier Medical Center, Inc. v. Dept. of Health & Rehabilitative Servs., 462 So. 2d 83, 85 (Fla. 1st DCA 1985); Belniak, supra, at 15. On these points, the Florida Supreme Court has admonished that: the `competent substantial evidence' standard cannot be used by a reviewing court as a mechanism for exerting covert control over the policy determinations and factual findings of the local agency. Rather, this standard requires the reviewing court to defer to the agency's superior technical expertise and special vantage point in such matters. The issue before the court is not whether the agency's decision is the `best' decision or the `right' decision or even a `wise decision, for these are technical and policy-based determinations properly within the purview of the agency. The circuit court has not training or experience -- and is inherently unsuited -- to sit as a roving `super agency' with plenary oversight in such matters. 10 0 • Dusseau v. Metropolitan Dade County, 794 So. 2d 1270, 1275-76 (Fla. 2001). III. Analysis of the Association's Arguments and Conclusions of Law The "basis of appeal" set forth in the Appeal Application filed by the Association was that the Project failed to comply with Code Section 4-204.F (Criteria Nos. 1 and 7), Code Section 3-913 (Criteria Nos. 1, 3, 4, 5, and 6), and Code Section 4-404; and that the Board failed to comply with its procedural rules by not allowing cross-examination at the June meeting. In its initial brief, the Association argued that the Project fails to comply with Code Section 4-204.F.6 (in addition to Criteria Nos. 1 and 7), all six criteria in Code Section 3-913 (not just the five criteria identified in the Appeal Application), and Code Section 4-404. The Association's briefs do not discuss the cross-examination issue. At oral argument, the Association also argued that the Project fails to comply with the Code Section 2- 1602, which relates to the Island Estates Neighborhood Conservation Overlay District (IENCOD). The Association is deemed to have abandoned the cross- examination issue by not raising the issue in its briefs.3 The Association is also deemed to have waived any argument regarding the Project's compliance with Code Sections 4-204.F.6 and 3- 913.2 by not specifically referencing those Code provisions in its Appeal Application.4 See Code § 4-502.B. (requiring Appeal 11 E • Application to "identify[] with specificity the basis for the appeal"). Similarly, the Association is deemed to have waived any argument regarding the Project's compliance with Code Section 2-1602, by not identifying that issue in its Appeal Application and/or by not raising the issue in its briefs.5 The Association's remaining arguments will be discussed in turn. A. Code § 2-404.F. (Criteria No. 1 and 7 Code Section 2-404.F sets forth the "flexibility criteria" that must be met in order for a residential infill project to be approved with variations from the development standards in Code Section 2-404, Table 2-404. The criteria include: 1. The development or redevelopment of the parcel proposed for development is otherwise impractical without deviations from one or more of the following: intensity; other development standards. 7. Flexibility in regard to lot width, required setbacks, height and off-street parking are justified by benefits to community character and to the immediate vicinity of the parcel proposed for 12 • development and the City of Clearwater as a whole. Code § 2-404.F. The record contains competent substantial evidence that development of the Property would be impractical without the deviations in the height or setback requirements in the Code. For example, there was testimony that the irregular shape of the Property and its location at the end of a cul-de-sac make development of the Property difficult without deviations from the Code, and that reducing the height of the Project would result in more building coverage on the Property, which in turn would reduce the view corridors across the Property. Additionally, there is competent substantial evidence that reducing the number of units in the Project was not a viable alternative to the deviations that were requested. On this point, the sworn application states that financial viability was a consideration in the design of the Project, and City planning department staff testified that "the area has generally been undeveloped, and what [the Applicant] would be doing [is] more appropriately develop[ing] the site according to the underlying land use and the zoning criteria." The record also contains competent substantial evidence that the deviations from the setback and height requirements in the Code are justified by benefits to "community character" and 13 0 • to the immediate vicinity of the Property. For example, there is testimony and evidence in the record that the Project will have greater setbacks than the buildings currently on the Property, that the Project will have underground utilities (rather than the existing, "unsightly" overhead power lines described by Mr. Spillane in his testimony at the Board's April meeting) and extensive landscaping, and that the Project will have less lot coverage and better view corridors than an alternative design with a lower building. Additionally, there is testimony in the record that the neighborhood is in transition and that the Project would enhance the area because, according to City planning department staff, "it is an attractive looking building." On these points, it is immaterial for purposes of the undersigned's review that there was extensive testimony from representatives of the Association and others opposed to the Project regarding the negative impacts on the "community character" of Skiff Point because of the Project's size and bulk. It was the Board's duty to weigh the conflicting testimony and evidence on this subjective criteria, and the undersigned is without authority to reweigh that testimony and evidence. See Dusseau, 794 So. 2d at 1275-76. 14 B. Code § 3-913 (Criteria No. 1, 3, 4, 5, and 6 Code Section 3-913 identifies the "general standards" that must be met for a Level Two use to be approved. The application must "meet each and every one of the . . . criteria." The criteria at issue in this appeal provide: 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. 3. The proposed development will not hinder or discourage the appropriate development and use of adjacent land and buildings or significantly impair the value thereof. 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. Code § 3-913. There was conflicting testimony presented to the Board regarding the Project's compliance with the criteria in Code Section 3-913. However, as noted above, it was the Board's duty to weigh the conflicting testimony on these subjective criteria, 15 • • and the undersigned is without authority to reweigh that testimony. See Dusseau, 794 So. 2d at 1275-76. The record contains competent substantial evidence regarding the Project's compliance with each of the criteria in Code Section 3-913, particularly those subjective criteria relating to the Project's "harmony" with the adjacent properties and its consistency with the "community character" of Skiff Point. For example, the staff report states that "[t]he proposed building of four stories over ground level parking is consistent with other developments in the area." Similar testimony was presented by City planning department staff and the Applicant's planner at the June Board meeting. There is also testimony in the record that the Project will have "no adverse affects" on the values of adjacent properties and will improve view corridors, and that the Project is respectful of and adheres to the existing character of the neighborhood and the adjacent properties. As to minimization of traffic congestion, there is testimony in the record from City planning department staff and representatives of the Applicant that the Project meets the parking requirements in the Code and that the Project's on-site parking will be an improvement to the existing parking situation on the Property. In making these conclusions, the undersigned did not overlook the Association's argument that the evaluation of the 16 0 0 Project's compatibility with the "community character" and its "harmony" with surrounding development under Code Section 3-913 should be limited to the existing development on the parcels abutting the Property (as compared to existing development in Island Estates in the general vicinity of the Property, or as the City and the Board argued in their brief and at oral argument, the development potential of the abutting properties). Even though some of the testimony and evidence in the record focuses on the compatibility of the Project with the existing development in the broader Skiff Point/Dolphin Point area of Island Estates, there is also testimony and evidence regarding the compatibility of the Project with the development on the abutting parcels. For example, Mr. Parry testified at the June Board meeting that, in his expert opinion, the proposed five- story building is compatible with the three-story condominium building on the parcel immediately to the north of the Property. Thus, even if the Association's interpretation of Code Section 3-913 is correct, there is competent substantial evidence to support the Board's ultimate findings that the Project satisfies the criteria in that section of the Code. C. Code § 4-404 Code Section 4-404 requires an applicant for a Level Two approval to "demonstrate to the [Board] that all required criteria for approval are met." That section does not impose 17 0 • any additional requirements beyond those found elsewhere in the Code. The Association's argument on this issue simply makes reference in a summary fashion to the criteria in Code Section 3-913 that the Association argues were not met by the Applicant. Because, as discussed above, there is competent substantial evidence to support the Board's determination that Project complies with Code Section 3-913 (as well as Code Section 2- 404.F), the Association's argument regarding the Project's non- compliance with Code Section 4-404 is rejected. IV. Determination Based upon the foregoing, the Board's decision is affirmed, and it is determined that the flexible development application for the Project is approved with the conditions set forth in the Development Order. DONE AND ORDERED this 13th day of October, 2005, in Tallahassee, Leon County, Florida. J?A T. KENT WETHERELL, II Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us 18 0 0 Filed with the Clerk of the Division of Administrative Hearings this 13th day of October, 2005. ENDNOTES 1/ The "record before the community development board" is defined by Code Section 4-505.A, but with the agreement of the parties, the record received at the oral argument also included the transcripts of the Board hearings in the Appendix prepared by the parties as part of this appeal. Three photographs were tendered at the oral argument by Neil Spillane, one of the individuals who had been granted "party status" by the Board. According to Mr. Spillane, he showed the photographs to the Board during its hearings on the Project. The City, the Board, and the Applicant objected to the photographs being part of the record upon which the undersigned's decision will be based because the photographs were not part of the record upon which the Board made its decision. The photographs were apparently not handed to the City Clerk at the Board's hearing, which according to counsel for the City, is required for a document to become part of the record before the Board. The objection was sustained at the oral argument, and Mr. Spillane's tender of the photographs was treated as a proffer so that the photographs would be included in the record of this appeal in the event of subsequent judicial review. However, the photographs have not been considered by the undersigned in preparing this Final Order. Upon reflection, the tender of the photographs should have been treated as a motion to supplement the record, but the ruling would have been the same. See Code § 4-505.A (motion to supplement the record must be filed "within 10 days of filing the notice of appeal"). 2/ The transcripts included in the Appendix filed as part of this appeal do not reflect that any of the witnesses, except for the Applicant's planner, were sworn prior to their testimony. However, it was represented at oral argument, that the Board's practice is to swear all individuals who intend to make presentations to the Board en masse at the start of the meeting, and that the practice was followed in this case. 3/ In making this conclusion, the undersigned did not overlook the fact that the cross-examination issue was raised in Mr. Spillane's letter. Aside from the fact that Mr. Spillane is not a direct party to this appeal, his letter is tantamount to a reply brief, and it is well-settled that issues raised for the 19 0 0 first time in a reply brief will not be considered. See, e.g., Williams v. State, 845 So. 2d 987, 989 (Fla. 1st DCA 2003). Furthermore, the Board's alleged failure to provide cross- examination is effectively a procedural due process claim, which is beyond the scope of this appeal. See Belniak, supra, at 14- 15. Finally, the record does not support the claims in Mr. Spillane's letter, but rather shows that he and others with "party status" conducted extensive cross-examination of City staff and the witnesses presented by the Applicant, including attorney Troy Purdue when he presented factual testimony at the April and May Board meetings. 4/ Even if it was concluded that the issue had not been waived, the Association's argument that the Project failed to comply with Code Section 2-404.F.6 would be rejected because, as discussed in connection with Code Section 2-404.F.7, there is competent substantial evidence in the record that the Project will enhance "community character." 5/ Even if it was concluded that the issue had not been waived, the Association's argument that the Project failed to comply with Code Section 2-1602 would be rejected. Mr. Parry testified at the May Board meeting that "when it comes to multi-family dwellings, the [IENCOD] pretty much defaults back to the MHDR district section within the Code for things light height, setbacks and all of your site plan parameters ." Moreover, there is competent substantial evidence in the record that the Project satisfies the "additional development standards" in Code Section 2-1602.H and that the Project is consistent with "the protection of the existing established character within the [IENCOD]" under Code Section 2-1602.A. On the latter point, for example, the Applicant's planner, Ms. Hammer, testified based upon her analysis that the Skiff Point/Dolphin Point area of Island Estates "is dominated by buildings that are multi-story, particularly those that are over four stories in height" and City planning department staff testified that the proposed five-story building is compatible with the adjacent three-story building and that the Project will enhance the "community character." The Applicant's attorney, Mr. Purdue, provided testimony consistent with that of Ms. Harmer at the May Board meeting. 20 0 0 COPIES FURNISHED: Cynthia Goudeau, City Clerk Official Records and Legislative Services Clearwater City Hall, Second Floor 112 South Osceola Avenue Clearwater, Florida 33756 Leslie K. Dougall-Sides, Esquire City of Clearwater Post Office Box 4748 Clearwater, Florida 33758-4748 Gina K. Grimes, Esquire Hill Ward & Henderson 3700 Bank of America Plaza 101 East Kennedy Boulevard Tampa, Florida 33602-5195 Darryl R. Richards, Esquire Johnson, Pope, Bokor, Ruppel & Burns, LLP Post Office Box 1368 Clearwater, Florida 33757-1368 Don McCreery Island Estates Civic Association 140 Island Way, No. 239 Clearwater, Florida 33767-2216 NOTICE OF RIGHT TO JUDICIAL REVIEW This decision is final and is subject to judicial review by filing a petition for common law certiorari with the appropriate circuit court in accordance with Section 4-505.D of the City of Clearwater Community Development Code. 21 ,?fOJ STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS ISLAND ESTATES CIVIC ASSOCIATION, ) Petitioner, ) ) VS. COMMUNITY DEVELOPMENT BOARD, ) CITY OF CLEARWATER and SKIFF ) POINT OF CLEARWATER, LLC, ) Respondents. ) Case No. 05-2475 NOTICE OF ORAL ARGUMENT Oral Argument will be held in this case at the City Hall, Large Conference Room 313, 112 South Osceola Avenue, Clearwater, Florida, on August 23, 2005, at 1:00 p.m., or as soon thereafter as can be heard. Continuances will be granted only by order of the Administrative Law Judge for good cause shown. ISSUE: As stated in the Appeal Application. AUTHORITY: Section 4-505 City of Clearwater, Community Development Code. All parties have the right to present oral argument. fy?ja ?S fs I.n.?-?'`a- J nd? • The Agency shall be responsible for making arrangements for the court reporter. July 18, 2005 /171 CHARLES A. STAMPELOS Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us COPIES FURNISHED: Leslie K. Dougall-Sides, Esquire City of Clearwater Post Office Box 4748 Clearwater, Florida 33758-4748 Gina K. Grimes, Esquire Hill Ward & Henderson 3700 Bank of America Plaza 101 East Kennedy Boulevard Tampa, Florida 33602-5195 Troy J. Perdue, Esquire Johnson, Pope, Bokor, Ruppel & Burns, LLP Post Office Box 1368 Clearwater, Florida 33757-1368 Frank Dame Island Estates Civic Association 140 Island Way, No. 239 Clearwater, Florida 33767-2216 ROOM CONFIRMATION COPY: Betty Blunt, City Manager's Office City Hall 112 South Osceola Avenue Clearwater, Florida 33758-4748 (727) 562-4040 2 ?J • In accordance with the Americans with Disabilities Act, persons needing a special accommodation to participate in this proceeding should contact the Judge's secretary no later than seven days prior to the hearing. The Judge's secretary may be contacted at the address or telephone numbers above, via 1-800- 955-8771 (TDD), or 1-800-955-8770 (Voice) Florida Relay Service. 3 ac- STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS ISLAND ESTATES CIVIC ASSOCIATION, Petitioner, VS. Case No. 05-2475 COMMUNITY DEVELOPMENT BOARD, ) CITY OF CLEARWATER and SKIFF ) POINT OF CLEARWATER, LLC, ) Respondents. ) NOTICE OF ORAL ARGUMENT Oral Argument will be held in this case at the City Hall, Large Conference Room 313, 112 South Osceola Avenue, Clearwater, Florida, on August 23, 2005, at 1:00 p.m., or as soon thereafter as can be heard. Continuances will be granted only by order of the Administrative Law Judge for good cause shown. ISSUE: As stated in the Appeal Application. AUTHORITY: Section 4-505 City of Clearwater, Community Development Code. All parties have the right to present oral argument. • The Agency shall be responsible for making arrangements for the court reporter. July 18, 2005 n1?? " CHARLES A. STAMPELOS Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us COPIES FURNISHED: Leslie K. Dougall-Sides, Esquire City of Clearwater Post Office Box 4748 Clearwater, Florida 33758-4748 Gina K. Grimes, Esquire Hill Ward & Henderson 3700 Bank of America Plaza 101 East Kennedy Boulevard Tampa, Florida 33602-5195 Troy J. Perdue, Esquire Johnson, Pope, Bokor, Ruppel & Burns, LLP Post Office Box 1368 Clearwater, Florida 33757-1368 Frank Dame Island Estates Civic Association 140 Island Way, No. 239 Clearwater, Florida 33767--2216 ROOM CONFIRMATION COPY: Betty Blunt, City Manager's Office City Hall 112 South Osceola Avenue Clearwater, Florida 33758-4748 (727) 562-4040 2 0 • In accordance with the Americans with Disabilities Act, needing a special accommodation to participate in this proceeding should contact the Judge's secretary no later seven days prior to the hearing. The Judge's secretary contacted at the address or telephone numbers above, via 955-8771 (TDD), or 1-800-955-8770 (Voice) Florida Relay persons than may be 1-800- Service. 3 July 5, 2005 Leslie K. Dougall-Sides PO Box 4748 Clearwater, Fl 33758-4748 0 l? V ? lJ 1'J ? 'ti R W { JUL - 5 2Z PLANNING & DEVELOPMENT SERVICES i CITY OF CLEARWATER Re: CDB Case No. FLD2005-01012-00-201 Skiff Pt. Dear Ms Dougall-Sides, Thank you for your prompt reply to my letter of June 27, 2005. After reviewing CDB Code Sections 4-206H and 4-502B I wish to request the following: A rehearing of our case at the next meeting of the CDB on the basis that: 1. A mistake was made in the June 21, 2005 hearing when I asked Ms. Gina Grimes if I could cross examine Mr. Troy Purdue, the representative of the applicant. In the May 17, 2005 CDB meeting, Mr. Purdue spoke at length describing the nature of the neighborhood. Also in the April 19, 2005 he spent extensive time attempting to describe how the neighborhood was run down and not in character. These were in no way legal arguments. In the June 21, 2005 meeting Mr. Frank Dame was not allowed to cross examine Mr. Purdue or Mr. Housh Ghovaee. It was your decision not to allow the cross-examination of either of these participants on the basis that they did not testify on direct. They had in fact done so on two previous occasions. Prior to Mr. Dame's cross-examination, I asked if I could cross-examine Mr. Purdue. Ms Grimes can be heard on tape stating that she did not "think" I could cross examine them. 2. The applicant's expert witness, Ms Hammer, presented a packet of information to each member of the CDB, but not to Mr. Frank Dame or to any other participants with party status. Mr. Dame requested this information after the meeting, but has yet to receive it. If the above rehearing is granted, we would like to request a delay in the appeal which we filed on June 30, 2005. Since this appeal was filed through the City, does the request to delay the appeal go through your office as well? Please advise. S Nei' V. Spillane 222 Skiff Point Clearwater, F133767 727-461-0035 CC: Mayor Frank Hibbard Pamela K. Akin, City Attorney Michael L. Delk, Planning Director Gina K Grimes, Esquire Frank Dame, President IECA 2 0 • C I'I'Y OF C LEARWATE R POST OFFICE BOX 4748, CLEARWATER, FLORIDA 33758-4748 CITY HALL, 112 SOUTH OSCEOLA AVENUE, CLEARWATER, FLORIDA 33756 TELEPHONE (727) 562-4010 FAX (727) 562-4021 CITY ATTORNEYS OFFICE July 11, 2005 VIA UPS Robert S. Cohen, Director and Chief Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Tallahassee, Florida 32399-1550 Re: Island Estates Civic Association vs. Community Development Board, City of Clearwater, and Skiff Point of Clearwater, LLC, Appeal of Community Development Board (CDB) Decision in Case No. FLD2005-01012 Dear Judge Cohen: Enclosed are two copies of the following items regarding the above-referenced case before the Community Development Board, whose decision is being appealed by Island Estates Civic Association: 1. Planning Department file on application, including agenda packet for CDB meeting; 2. City Clerk file containing any exhibits introduced and verbatim cassette recording of CDB hearing. For the convenience of the parties and witnesses please schedule the hearing in Clearwater. The Council Chambers on the third floor of City Hall, 112 South Osceola Avenue, Clearwater, Florida is usually available. You may contact Carolyn Brink, City Manager's Office at (727) 562-4042 to arrange a location. ECEN g FFID -?I? JUL 1 2 2005 _.r ,..f PLANNING & DEVELOPMENT SERVICES FRANK HIBBARD, MAYOR ^ - ,., ? . -j' "!A- . BII.I. JoNsoN, VICE-?MAYOR JOHN DORAN, COUNC?R1EiMBER - -- Hour HAMILTON, COUNCILMEMBER CARLEN A. PE"ITRsEPJ, Cot. C.uuAIEmmR "EQUAL, EmPI.OYr. l;: ;'I' F!!D AF -IRMIATIVE ACTIoi l EN1I1LM rR" 0 Robert S. Cohen, Director and Chief Judge Division of Administrative Hearings Page Two July 11, 2005 Please advise the parties as soon as an administrative law judge is assigned to this case. Very truly yours, Leslie K. Dougall-Sides Assistant City Attorney Enclosures Copy to: Frank Dame, President, Island Estates Civic Association, Representative for Appellant Gina K. Grimes, Esq., Hill Ward & Henderson, P.A., Attorney for CDB (w/enclosures) Troy J. Perdue, Esq., Johnson, Pope Bokor Ruppel & Burns LLP, Attorney for Skiff Point of Clearwater, LLC (w/enclosures) Cynthia Goudeau, City Clerk ?Michael L. Delk, Planning Director 0 Address and Telephone Numbers re: Island Estates Civic Association vs. Community Development Board, City of Clearwater, and Skiff Point of Clearwater, LLC, Appeal of Community Development Board (CDB) Decision in Case No. FLD2005-01012 FRANK DAME PRESIDENT ISLAND ESTATES CIVIC ASSOCIATION 140 ISLAND WAY #239 CLEARWATER, FL 33767-2216 Telephone: 727-692-2655 Representative for Appellant GINA K GRIMES ESQUIRE HILL, WARD & HENDERSON 3700 BANK OF AMERICA PLAZA 101 EAST KENNEDY BOULEVARD TAMPA, FL 33602-5195 Telephone: (813) 221-3900 Attorney for CDB TROY J. PERDUE, ESQUIRE JOHNSON, POPE, BOKOR, RUPPEL & BURNS, LLP POST OFFICE BOX 1368 CLEARWATER, FLORIDA 33757-1368 Telephone: 727-461-1818 Attorney for Skiff Point of Clearwater, LLC 0. 0 C ITY OF C LEARWATE R POST OFFICE BOX 4748, CLEARWATER, FLORIDA 33758-4748 CITY HALL, 112 SOUTH OSCEOLA AVENUE, CLEARWATER, FLORIDA 33756 TELEPHONE (727) 562-4010 FAx (727) 562-4021 CITY ATTORNEYS OFFICE July 6, 2005 Mr. Neil V. Spillane 222 Skiff Point Clearwater, FL 33767 Re: CDB Case No. FLD2005-01012-200/201 Skiff Point Dear Mr. Spillane, I am in receipt of your correspondence dated July 5, 2005. My records reflect that you were granted party status as an individual in the above case. Mr. Dame was granted party status as a representative of Island Estates Civic Association. I am forwarding your apparent individual request for a rehearing, as well as your public records request on behalf of Mr. Dame, to the City Clerk for any appropriate action. Any request for action regarding the appeal will have to be addressed to the Division of Administrative Hearings by the party which filed the appeal. The City is currently gathering copies of its file materials in order to forward them to DOAH for assignment of a case number and an Administrative Law Judge. No case will be opened by DOAH until it receives the City materials. Very truly yours, s 'C° Leslie K. Dougall-Sides Assistant City Attorney C: Mayor Frank Hibbard Pamela K. Akin, City Attorney N4iE ael-i: _Delk PPlanning'D_ irectar Gina K. Grimes, Esquire Troy J. Perdue, Esquire FRANK HIB BARD, I\11AYOR (f ? ???U V ? r3.n JUL 7 2005 k J. PLANNING & DEVELOPMENT SERVICES Ch" r CLEARWATER BILI. JoNsoN, VICE-MAYOR JotiN DORAN, Counc"u.mrmw- R Horr HAMILTON, COUNCILMEMIBER CAvzreN A. PFTERSFfi, COUNCIL MExIIr:R "EQ11M, EMPLOYMENT AND Aj-FIRmAT,-w AC :ION EMPLOYER" i 16 v C I? ITY OF C LEARWATER 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 LONG RANGE PLANNING DEVELOPMENT REVIEW June 23, 2005 Mr. Housh Ghovaee Northside Engineering 601 Cleveland Street, Suite 930 Clearwater, FL 33785 N-11E RE: Development Order - Case FL - - 200 Skiff Point (Skiff Point Condominiums). Dear Mr. Ghovaee: This letter constitutes a Development Order pursuant to Section 4-206.D.6 of the Community Development Code. On June 21, 2005, the Community Development Board reviewed your Flexible Development application to permit 15 attached dwelling units with reductions to the front (east) setback from 25 feet to 15 feet to building and from 25 feet to three feet to pavement; a reduction to the side (north and south) setbacks from 10 feet to 6.5 feet to building and five feet to parking; a reduction to the rear (south) setback from 15 feet to zero feet to pool deck, five feet to pool and 7.5 feet to parking; and an increase in height from 30 feet to 49 feet to roof deck and additional four feet for parapet (from roof deck to top of parapet) and an additional 16 feet for elevator overrun (from roof deck), as a Residential Infill Project, in the Island Estates Neighborhood Conservation Overlay District (IENCOD)/Medium High Density Residential (MHDR) District under the provisions of Sections 2-404.F and 2-1602. C and H. The proposal includes constructing a 15-unit, five-story (four stories over ground level parking) residential condominium building. The Community Development Board (CDB) APPROVED the application with the following bases and conditions: Bases for Approval: 1. The proposal complies with the Flexible Development criteria as a Residential Infill Project per Sections 2-404.F.G. 1 through 7 and 2-1602. C and H. 2. The proposal is in compliance with other standards in the Code including the General Applicability Criteria per Section 3-913 1 through 6. 3. The development is compatible with the surrounding area and will enhance other redevelopment efforts. BRIAN J. AUNGST, MAYOR FRANK HIBBARD, VICE MAYOR HOPI' HA.\IICCON, COUNCIL?IEMBER BI1.1. JONSON, COUNCILMEMBER CARLEN A. PETERSEN, COUNCILME\IBER "EQUAL EMPLOYMENT AND AFFIR;`tiATIVE ACTION EMPLOYER" i w June 23, 2005 Ghovaee - Page Two 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 boats moored at the docks, lift and/or slips be for the exclusive use by the residents and/or guests of the condominiums and not be permitted to be sub-leased separately from the condominiums; 3. That any future attached sign meet all the requirements of Code and be designed to match the exterior materials and color of the building; 4. That all applicable requirements of Chapter 39 of the Building Code be met related to seawall setbacks; 5. That a condominium plat be recorded prior to the issuance of the first Certificate of Occupancy; ' _ ' r- 1 6. That all proposed utilities (from the _ right-©f may 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; 7. That a right-of-way permit be obtained from the City prior to open cutting the roadway within the Skiff Point right-of-way for a water connection prior to the issuance of a building permit. Contact Don Melone (727.562.4798) for permit information; 8. That all street restoration shall be in accordance with Engineering Standard Detail #104. Revise Sheet C6.1 using City details prior to the issuance of any permits; 9. That revised plans be submitted to and approved by Staff prior to the issuance of any permits which indicates that ductile iron pipe be installed between any tap and water meter and tap and backflow preventor device and at least one joint of ductile iron pipe be installed on the service side of any backflow preventor device. 10. That all Fire Department requirements be met prior to the issuance of any permits; and 11. That all Parks and Recreation fees be paid 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 (June 21, 2006). All required certificates of occupancy shall be obtained within two years of the date of issuance of the building permit. Time frames do not change with successive owners. The Community Development Coordinator may grant an extension of time to initiate a building permit 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. June 23, 2005 Ghovaee - Page Three The issuance of this Development Order does not relieve you of the necessity to obtain any building permits or pay any impact fees that may be required. In order to facilitate the issuance of any permit or license affected by this approval, please bring a copy of this letter with you when applying for any permits or licenses that require this prior development approval. Additionally, an appeal of a Level Two approval (Flexible Development) may be initiated pursuant to Section 4-502.13 by the applicant or by any person granted party status within 14 days of the date of this Development Order. 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 July 5, 2005 (14 days from the date of approval by the CDB). If you have any questions, please do not hesitate to call Mark T. Parry, Consulting Planner at 727.562.4558. Zoning information is available through the City's website at http://www.myclearwater.com/ via the "Zoning/Parcel Maps (GIS)" link and "City Codes" link both under "Services". Very truly yours, Michael Delk, CP Planning Director S:IPlanning DepartmentlC D BIFLEX (FLD)Unactive or Finished ApplicationslSkiiffPoint 200 (MHDR & IEOD) - ApprovedlSkiffPoint 200 Development Order.doc ZO)FRMR cm 5"a" SwAaa Ise. 19 CIVIL O LAND PLANNING O ENVIRONMENTAL O TRANSPORTATION C LETTER OF T RA ICI S M I TTA L Date: March 9, 2005 To: City of Clearwater Planning Department 100 S. Myrtle Avenue Clearwater, Florida 33758-4748 Attn: Sherry L. Watkins, Administrative Analyst Reference: Skiff Point/200-201 Skiff Point NES Project #464 We Transmit: (X) Enclosed () Under Separate Cover (X)Originals () Mail () Courier (X) Prints Q Pick-up (X) Hand Delivered () Addendum () Shop Drawings () Per Your Request () For Your Review & Comment () Specifications Q For Your Use (X) For Your Approval (X) Applications () For Your Files ( ) For Your Information () Floppy Disk COPIES DATE DESCRIPTION 15 3/05 Civil & Landscape Drawings (9 sheets) 1 sets signed & sealed 15 3/05 8'1/2x11" Civil Site Plan 15 3/05 8'1/2x11" Colored Landscape Plan 15 3105 Flex Development Res. Infill Application) 15 3/05 Letters of Authorization 15 3/05 Warrant Deeds 15 3/05 Surveys 1 signed & sealed 15 3/05 Stormwater Report 1 signed & sealed 15 3/05 8.5x11" Colored Renderings Architectural 15 3/05 8.5x11" Building Elevations 1 3/05 Color Chart 15 3/05 24x36 Architectural Drawings 1 3/05 Comprehensive Landscape Application & Sheet L1.1 Comments: Community Development Board Submittal for 4/19/05 hearing Copi To: File oreen K I iams , Project Director J i r L 601 CLEVELAND STREET, SUITE 930 CLEARWATER, FLORIDA 33755 N ESADMI N@MI N DSPRI N6.COM NESTECH@MINDSPRING.COM 727 - 443 - 2869 FAX 727 - 446 - 8036 Horthside March 7, 2005 Mr. Marc Mariano City of Clearwater Planning Department 100 S. Myrtle Avenue Clearwater, FL 33756 REC 00uVED MAR 0 2005 PLANNING DEPARTMENT CITY OF CLEARWATER CIVIL • LAND PLANNING • ENVIRONMENTAL • TRANSPORTATION • RE: FDL2005-01012 j? 200 Skiff Point DRC Comments Responses /Afl Dear Mr. Mariano Listed below are our responses to the February 25, 2005 Conditions reports. Engineering 1. It is understood that the City will provide and install water tap, set water meter and B.F.P.D. at the cost of the applicant. 2. Double detector check valve w/bypass meter 3. Sheet C6.1 detail has been changed to City standard. 4. See Sheet C showing fire supply line to stand pipe at a minimum of 4" in diameter. 5. Sheet Detail Sheet C6.1 for domestic water backflow prevention device. 1. Applicant shall secure right-of-way permit prior to open cutting Skiff Point for water connection prior to building permit. 2. Street restoration will be in accordance with Engineering Standard Detail # 104, See Sheet C6.1 for City detail. 3. Ductile iron pipe to be installed between tap and water main and between tap and backflow preventor device. Fire I . Adequate water supply for fire protection is being provided. 2. Per NFPA-241, when underground water mains and hydrants are installed, they will be complete. 3. All underground water mains and hydrants to be installed will be complete and in service prior to construction. 4. Stand pipes have been noted on drawings. Land Resources 1. See Sheet C2.1, 18" Ficus tree to be removed on northerly property line. LandscaninQ 1. Plant materials which are in conflict with utilities have been adjusted. See Sheet L1.1 2. Due to site constraints, a comprehensive landscape application was submitted. 601 CLEVELAND STREET, SUITE 930 CLEARWATER, FLORIDA 33755 N E$ADMI N@MI N DS PRI NC.COM NESTECH@MINDSPRING.COM 727 - 443 - 2869 FAX 727 - 446 - 8036 Mr. Marc Maconi Skiff Point - FLD2005-01012 DRC Response Comments March 7, 2005 Page Two Parks and Recreation 1. Site data table now reflects the existing 15 rooms. R E %,"Ca E ? V ED", Stormwater 1. Roof drains will drain into pond. This will be coordinated with architectural plans prior to issuance of building permit. 2. Swale detail at the property line has been noted. Solid Waste 1. Designated maintenance personnel will roll out dumpster to staging area. Recycling will not be provided for this property. Traffic Eniineerin 1. Accessible isle to the right of the handicap space has been deleted. 2. Openings cannot be placed in walls due to structural design of this particular project. Mirrors will be installed on walls. 3. Accessible ramps have been installed. 4. "Do not enter" signs have been noted on drawings. 5. Accessible path to public sidewalk has been noted on Sheet C3.1 PlanninP 1. Architectural drawings have been revised to show 15 units. 2. Correct floor plans have been revised to show 15 units. 3. See sheet C3.1 for setback dimensions. 4. See architectural drawings. 5. All zoning comments have been addressed on this submittal. 6. Two docks are existing. Any changes to docks will be through a separate permit. 7. See revised Flex Development Application for six General Applicability criteria. 8. Waterfront sight visibility triangles have been added to drawing sheets. This concludes the DRC response comments. All drawings and applicable material are attached. Sincerely, ore4A4illiam's6-4? Project Director • MAR i 0 2005 PLANNING DEPARTMENT CITY OF CLEARWATER Clearwater U FAX COVER MEMO CITY OF CLEARWATER PLANNING DEPARTMENT 100 S. MYRTLE AVE., 2"d Floor CLEARWATER, FL 33756 (727) 562-4567 FAX: (727) 562-4865 C1C ' Sex TO: Ennar-vce FAX: Phone: DATE: SUBJECT: MESSAGE: _ TA ?ps?n• .7r NUMBER OF PAGES(INCLUDING THIS PAGE) 11:2 am Case Numbe : FLD2005- 1012 -- 200 SKIFF PT ` Owner(s) Skiff Point Of Clearwater Llc 200 Brightwater Dr # 2 Clearwater, FI 33767 TELEPHONE: No Phone, FAX: No Fax, E-MAIL: No Email representative Northside Engineering Services Inc. 601 Cleveland Street Clearwater, Fl 33755 TELEPHONE: 727-443-2869, FAX: 727-446-8036, E-MAIL: debra@northsideengineering.com Location: 2 parcels of land totaling 0.500-acres locate amt th- western terminus of of Skiff Point, approximately 300 west of Labrador Way. Atlas Page: 267B Zoning District: IEOD, Island Estates Neighborhood Overlay District Request: Flexible Development approval to permit 15 attached dwelling units with reductions to the front (east) setback from 25 feet to 15 feet to building and from 25 feet to three feet to pavement; a reduction to the side (north and south) setbacks from 10 feet to 6.5 feet to building and five feet to parking; a reduction to the rear (south) setback from 15 feet to zero feet to pool deck, five feet to pool and 7.5 feet to parking; and an increase in height from 30 feet to 49 feet to roof deck and additional four feet for parapet (from roof deck to top of parapet) and an additional 16 feet for elevator overrun (from roof deck), as a Residential Infill Project, in the Island Estates Neighborhood Conservation Overlay District (IENCOD) / Medium High Density Residential (MHDR) District under the provisions of Sections 2-404(F) and 2-1602(C). Proposed Use: Attached dwellings Neighborhood Clearwater Neighborhoods Coalition Association(s): 2544 Frisco Drive Clearwater, 17133761 TELEPHONE: 727-725-3345, FAX: No Fax, E-MAIL: Djw@gte.net Neighborhood Dolphin Cove Condo Association Association(s): 255 Dolphin Point Clearwater, Fl 33767 TELEPHONE: 727-442-7880, FAX: No Fax, E-MAIL: dlphincoveI@netzero.com Neighborhood Village On Island Estates Association(s): 240 Windward Passage Unit 803 Clearwater, F133767 TELEPHONE: 727-461-3861, FAX: No Fax, E-MAIL: narctom@msn.com Presenter: Marc Mariano, Consulting Planner Notes: Development Review Agenda - Thursday, March 3, 2005 - Page 8 wwllullmm?? 0 0 Feb. 28 2005 11:38AM YOUR LOGO CityOfClearwater-Plan Dept YOUR FAX NO. 727 562 4865 NO. OTHER FACSIMILE START TIME USAGE TIME MODE PAGES RESULT 01 94468036 Feb.28 11:34AM 01'13 SND 02 OK TO TURN OFF REPORT, PRESS 'MENU' #04. THEN SELECT OFF BY USING '+' OR '-'. FOR FAX ADVANTAGE ASSISTANCE, PLEASE CALL 1-800-HELP-FAX (435-7329). 0 CITY OF CLEAIiWATER PLANNING DEPARTMENT Post Office Box 4748, Clearwater, Florida 33758-4748 Municipal Services Building, 100 South Myrtle Avenue, Clearwater, Florida 33756 Telephone (727) 5624567 Fax (727) 5624576 February 25, 2005 NORTHSIDE ENGINEERING SERVICES 601 CLEVELAND STREET SUITE 930 CLEARWATER FL 33755 RE: FLD2005-01012 LOCATED AT 200 SKIFF PT - SKIFF POINT OF CLEARWATER Dear NORTHSIDE ENGINEERING SERVICES INC.: The following are comments generated at the City's Pre-Development Review Committee (PRE-DRC) meeting regarding your case number: FLD2005-01012. These comments are generated early to give you assistance in preparing for the upcoming DRC Meeting on March 3, 2005. Please be prepared to address these comments and any others that may be generated at the DRC meeting. If you have any questions about times or location, please contact Sherry Watkins, at 727-562-4582. Sincerely,' Marc Mariano Consultant Planner Cc: File 0 Conditions Associated Wip FLD2005-01012 200 SKIFF PT Engi Initials Missing Initials Missing 02/16/2005 1) The City of Clearwater will provide water tap, set the water meter and a B.F.P.D. (back flow Not Met preventor device) if applicable. Applicant is responsible for all associated fees and all other installation fees. 2) Double detector check valve with bypass meter shall be required for any internal fire protection line. 3) Detail sheet C6.1, not per City standards. 4) Show fire supply line to stand pipe, needs to be a minimum of 4" in diameter. Tap off on service side of the backflow preventor. 5) Show domestic water backflow prevention device on the plans. All of the above to be addressed prior to CDB. The following to be addressed prior to building permit: 1) Applicant shall secure a right-of-way permit prior to open cutting Skiff Point street for water connection. Contact Don Melone (727.562.4798) for permit information. 2) Street restoration shall be in accordance with Engineering Standard Detail #104. Revise Sheet C6.1 using City detail. 3) Ductile iron pipe must be installed between any tap and water meter. Ductile iron pipe must be installed between any tap and backflow preventor device. At least one joint of ductile iron pipe shall be installed on the service side of any backflow preventor device. General Note: DRC review is a prerequisite for Building Permit Review, additional comments may be forthcoming upon submittal of a Building Permit Application. Environmental Condition Heather Faessler 562-4897 02/17/2005 No Issues. Not Met Fire Condition Ann Downes-Blackburn 562-4327 xt 3025 02/16/2005 This DRC Review by Fire is not an approval or review of any construction plans or documents Not Met other than site work. 02/16/2005 Ensure adequate water supply for Fire Protection. Please acknowledge PRIOR TO CDB. Not Met 02/16/2005 Where underground water mains and hydrants are to be installed, they shall be installed, Not Met completed, and in service prior to construction as per NFPA-241. Please acknowledge PRIOR TO CDB. 02/16/2005 Provide a Standpipe water supply with 2 1/2 inch connection and 1 1/2 inch adaptor with Not Met breakable cover and chain within 100 feet of any peir/land intersection as per NFPA-303. Line from tap needs to be 4" for rear hydrant. Please acknowledge PRIOR TO CDB. Landscape Perimeter Conditi Arden Dittmer 562-4604 02/10/2005 Plan does not meet the requirements of perimeter plantings in Code Section 3-1202.D. Not Met Landscape Arden Dittmer 562-4604 02/10/2005 It appears there may be a conflict between the proposed plant materials in the area of the buried Not Met utilities. Please adjust the design around the utilities or vise versa. Land Resource Condition Rick Albee 562-4741 02/25/2005 Show the 18" Ficus tree on the northerly property line to be removed prior to building permit. Not Met Parks & Recs Condition Print Date: 02/25/2005 CaseConditons Page 1 of 3 FLD2005-01012 200 SKIFF PT Parks & Recs Condition i The number of hotel motel rooms need to be identified on the site data table. Open Space and Not Met 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. Storm Water Condition Brian Barker 562-4779 02/16/2005 1. Roof drains shall drain directly into pond. Not Met 2. Provide swale detail at the property line. All of the above to be addressed prior to any building permits. Solid Waste Service That dumpster service be arranged with the Solid Waste Department prior to the issuance of an Not Met occupational license or certificate of occupancy. Please contact Tom Glenn - 727-562-4930. Dumpsters and recycling carts be rolled out to staging area by on site maintenance personel Traffic Eng Condition Bennett Elbo 562-4775 02/14/2005 1. Accessible aisle must be located where users are not compelled to walk or wheel behind any Not Met parked vehicles. (Florida Accessibility Code For Building Construction Chapter 11 Section 11-4.6.2 (1)). 2. Walls and/or objects must not impede the motorist's line of sight when backing out of a parking space (Community Development Code Section 3-1402, A.). 3. Install accessible ramps where necessary. 4. Install signage i.e. "Do Not Enter signs" where appropriate per current MUTCD standards. 5. Provide an accessible path from public sidewalk to an accessible entrance. (Florida Accessibility Code For Building Construction Chapter 11, Section 11.4.3.2) All of the above to be addressed prior to CDB. 1. General note: Transporation Impact Fees to be determined and paid prior to C.O. Zoning Condition Sufficiency Requirement: Sheet A-1 remains incorrect. Correct title and replace A-1 to indicate Not Met Floor plans 2,3 and 4. Reduced site-plans and site-data table indicate 15 units. Historical Comment: 2/3/05 KLG Site plan indicates 15 units while floor plans indicate 16 units. Either provide correct floor plans or correct the site data table. There is inadequate parking for 16 Units. 16 Units will require a parking demand study. The methodology of such study shall be approved by the Community Development Coordinator and shall be in accordance with accepted traffic engineering principals. The findings of the study will be used in determining whether or not deviations to the parking standards are approved; Condition of Development Order: Site not eligible for more than 15 dwelling units. Not Met Provide setback from front (east) property line to trash staging area. Not Met The center of the front (east) elevation needs additional architectural treatment - it seems flat. Not Met Same thing for the stairwells; All zoning comments to be address prior to CDB review unless otherwise indicated; Not Met Clarify whether the two docks are existing or proposed; Not Met Provide the six General Applicability criteria (Section 3-913.A); Not Met Print Date: 02/25/2005 CaseConditons Page 2 of 3 FLD2005-01012 200 SKIFF PT Zoning Condition Sight visibility triangles must be included at the corner of the rear (waterfront) lot line. See Article Not Met 3, Divison 9, Section 3-904 of the code. Print Date: 02/25/2005 CaseConditons Page 3 of 3 Feb. 25 2005 03:53PM YOUR LOGO CityOfClearwater-Plan Dept YOUR FAX NO. 727 562 4865 NO. OTHER FACSIMILE START TIME USAGE TIME MODE PAGES RESULT 01 94468036 Feb.25 03:51PM 01'52 SND 05 OK TO TURN OFF REPORT, PRESS 'MENU' #04. THEN SELECT OFF BY USING '+' OR '-'. FOR FAX ADVANTAGE ASSISTANCE, PLEASE CALL 1-800-HEM-FAX C435-7329). LJ `Clearwater U Fax Cover Sheet City of Clearwater Planning Department 100 S. Myrtle Ave., 2nd Floor Clearwater, FL 33756 Telephone: (727) 562-4567 Fax: (727) 562-4865 To• ?n o vo t- Fax: g01b Phone: j From: (I ..r Date: 2?z Subject: Message: Number of pages including cover sheet) ?LL CITY OF CLAR RWATER o ea rater PLANNING DEPARTMENT MUNICIPAL SERVICES BUILDING 100 SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756 TELEPHONE: (727) 562-4567 FAX: (727) 562-4576 WWW.MYCLEARWATER.COM February 07, 2005 Northside Engineering Services Inc. 601 Cleveland Street Suite 930 Clearwater, 17133755 RE: FLD2005-01012 -- 200 SKIFF PT -- Letter of Completeness Dear Northside Engineering Services Inc. : The Planning Staff has entered your application into the Department's filing system and assigned the case number: FLD2005-01012. 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 March 03, 2005, in the Planning Department conference room - Room 216 - on the second floor of the Municipal Services Building. The building is located at 100 South Myrtle Avenue in downtown Clearwater. Please call Sherry Watkins, Administrative Analyst, at 727-562-4582 no earlier than one week prior to the meeting date for the approximate time that your case will be reviewed. You or your representative (as applicable) must be present to answer any questions that the DRC may have regarding your application. Additional comments may be generated by the DRC at the time of the meeting. If you have any questions, please do not hesitate to contact me at 727-562-4626 or Marc.Mariano@myclearwater.com. Sincerely yours, Marc Mariano Consulting Planner Letter of Completeness - FLD2005-01012 - 200 SKIFF PT 0 CIVIL 0 o ° LAND PLANNING G ENVIRONMENTAL 10 smkC& loco TRANSPORTATION 10 February 3,2005 Mr. Marc Mariano Consulting Planner City of Clearwater Planning Department 100 S. Myrtle Avenue IVNIONO Clearwater, FL 33756 RE: FLD2005-01012 - 200 Skiff Point Letter of Incompleteness 1. The architect has revisedawings showing 15 units for this redevelopment. No parking demand study should be required. 2. All site triangles have been added to sheet C3.1. 3. Reduced elevations were provided in the first package, new reduced elevations will be provided. 4. All site triangles have been added to Sheet L1.1. 5. Proposed freestanding sign is not being proposed at this time, it will be at a later date. New page of application has been submitted. 6. There is no required parking lot interior landscaped areas. We have complied with all items which were deemed incomplete and have resubmitted such items for completeness. Sincerely, ?) azZ4? Doreen A. Williams Project Director Q Z W c? N ? Q W o LM o W ? v Co u .. V a 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 mission Report Trs *' ?41 Date/Time Local ID Local Name Company Logo Th i s document Was confirmed. (reduced sample and details below) Document Size Letter-S am FAX COVER MEMO CITY OF CLEARWATER PLANNING DEPARTMENT 100 S. MYRTLE AVE.; 2°a Floor . CLEARWATER, FL 33756 (727) 562-4567 FAX: (727) 562-4865 TO- c?0aak 6AOwle FAX: ?! }?7 F6one: 1 Z7- qq 3- 2160 . FROM /S- acne:_ 72 9-SS2-V -3g DATE: ZAGS- SU=CT: 12.DZ0CS'-01n2 IkWSAGE: LRfikr D? kmtiu EO 2LXlS-'. n Ial-2 NUMBER OF PAGESQNCLUDING = PAGE) J Total Pages Scanned 3 Total Pages Confirmed _ 3 2- 3-05; 2:31PM 7275624796 No. Doc Remote Station Start Time Duration Pages Mode Comments Results 1 27 917274468036 2- 3-05; 2:29PM 1116" 3/ 3 EC CP 14.4 Notes : EC: Error Correct RE: Resend PD: Polled by Remote MB: Receive to Mailbox BC: Broadcast Send MP: Multi-Poll PG: Polling a Remote PI: Power Interruption CP: Completed RM: Receive to Memory DR: Documen t Removed TM: Terminated by user HS: Host Scan HP: Host Print FO: Forced Output WT: Waiting Transfer HF: Host Fax HR: Host Receive FM: Forward Mailbox Doc. WS: Waiting Send CITY OF CLEARWATER Clearwater PLANNING DEPARTMENT MUNICIPAL SERVICES BUILDING 100 SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756 TELEPHONE: (727) 562-4567 FAX: (727) 562-4576 WWW.MYCLEARWATER.COM February 03, 2005 Northside Engineering Services Inc. 601 Cleveland Street Suite 930 Clearwater, F133755 RE: FLD2005-01012 -- 200 SKIFF PT -- Letter of Incompleteness Dear Northside Engineering Services Inc. : The Planning Staff has entered your application into the Department's filing system and assigned the case number: FLD2005-01012. After a preliminary review of the submitted documents, staff has determined that the application is Incomplete with the following comments. 1. Site plan indicates 15 units while floor plans indicate 16 units. Either provide correct floor plans or correct the site data table. There is inadequate parking for 16 Units. 16 Units will require a parking demand study. The methodology of such study shall be approved by the Community Development Coordinator and shall be in accordance with accepted traffic engineering principals. The findings of the study will be used in determining whether or not deviations to the parking standards are approved; 2. ALL Sight triangles required C3.1. 3. Provide reduced elevations 4. Provide All Sight visability triangles L1.1 5. Proposed freestanding and attached signage is checked on application but materials are not present. If proposing signage at this time provide details including location, size, height, colors, materials and drawing. 6. Depict by shading or crosshatching all rquired parking lot interior landscaped areas. 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 February 7, 2004 (12:00 Noon) If you have any questions, please do not hesitate to contact me at 727-562-4626 or Marc.Mariano@myclearwater.com. Sincerely yours, Marc Mariano Consulting Planner Letter of Incompleteness - FLD2005-01012 - 200 SKIFF PT Wells, Wayne From: Reid, Debbie Sent: Wednesday, November 14, 2007 10:19 AM To: Wells, Wayne Subject: 200 Skiff Point Good Morning!! Just wanted to let you know that 200 Skiff Point did come in and pay the additional fees due for that additional unit (from 14 to 15). I think I caught all the holds we have on the FLD's and BCP's, but if you see something I missed, just let me know! Thanks!! -10 Debbie O ? • Wells, Wayne From: Reid, Debbie Sent: Friday, August 24, 2007 11:41 AM To: Wells, Wayne Subject: RE: BCP2007-05139, 200 Skiff Point Wayne, thanks for the suggestion! Since we have not been contacted to confirm anything different, we will go that they are building the 15 units (still can't figure out why they told us differently!!) since that is what everything is showing!! Anyway, I have updated my condition that we are owed $14,470.40 for additional open space, rec land and rec facility fees prior to the issuance of that permit. Debbie O -----Original Message----- From: Wells, Wayne Sent: Thursday, August 23, 2007 8:09 AM To: Reid, Debbie Subject: BCP2007-05139, 200 Skiff Point Deb - You have the following condition on this permit: P&R impact fees paid on 4/4/07 based on 14 proposed residential units. Permit applied for references 15 proposed residential units - clarification needed on actual number of units being built as additional P&R impact fees could apply. I would suggest you revise your condition to be stronger. The building permit application is for 15 attached dwelling units. They have paid for 14. Just tell them they need to pay for one additional unit of $_ prior to the issuance of the permit. Calculate the amount owed and tell them they need to pay this amount. Wayne ` 0 0 Page 1 of 2 Tefft, Robert From: Delk, Michael Sent: Thursday, July 07, 2005 2:34 PM To: Tefft, Robert Cc: Thompson, Neil; Clayton, Gina Subject: FW: CDB Case No. FLD2005-0101200-201 Skiff Pt. FYI. For case file. -----Original Message----- From: Frank Dame [mailto:fdame@floridaboatersguide.com] Sent: Thursday, July 07, 2005 12:35 PM To: GGrimes@hwhlaw.com Cc: Dougall-Sides, Leslie; Delk, Michael; fdame@yahoo.com Subject: RE: CDB Case No. FLD2005-0101200-201 Skiff Pt. Gina K. Grimes Hill, Ward & Henderson P.O. Box 2231 Tampa, FL 33601 Dear Ms. Grimes: You may recall, I am Frank L. Dame, president of the Island Estates Civic Association. I was one of the parties who, at the June 21 st CDB meeting, intended and attempted to cross examine witnesses from Northside Engineering but was denied this cross examination over your objection. These persons, in fact had not testified at the June 21St continuance hearing of subject case but who did in fact testify at the previous two hearings. It is my understanding that in a continued hearing, all former witnesses are still sworn witnesses and that cross examination may have been appropriate. If this is a correct interpretation, their testimony may have had some bearing and influence on the Board's final decision to approve this project. Upon reviewing the CDC Division 2, Section 4-206.1-1, after a final decision has been made by the CDB, if a decision was made based on a mistake, fraud or misrepresentation a rehearing may be in order. I do not believe there is any fraud or misrepresentation, but if there was a procedural error made in denying the cross examination, then it might be appropriate to ask for a rehearing. As you are probably aware, the Island Estates Civic Association filed an appeal of this decision to a hearing officer on 6/30/05 to protect our interests. Since Section 4-206.1-1 indicates a request for rehearing must be made at the next CDB meeting that isn't scheduled until 7/19/05 and is after the 14 day deadline to file for an appeal, we had no choice but to file the appeal. It is our intent to do what is right for all parties involved and minimize the costs to the City and related parties. If in your determination, you may have made a procedural error in your objection, then we may consider asking the hearing officer for a delay of hearing to allow us to request a rehearing at the upcoming CDB meeting to be held on July 19th. I wrote a letter to the City's attorney, Ms. Pamela Akin on Tuesday, 7/5 with regard to this matter. Since she is on vacation, Ms. Leslie Dougall-Sides received and acted upon it. She was going to forward a copy to you, the Planning Department and the City Clerk. In case this did not happen, I have attached a copy of my letter to Pam for your convenience. Please let me know your thoughts on this matter at your earliest convenience. Thank you for your consideration and attention to this issue. 7/11/2005 Page 2 of 2 Very truly yours, Frank L. Dame, President Island Estates Civic Association 140 Island Way, #239 Clearwater, FL 33767 P 727-692-2655 F 727-442-8337 Email: fdame@yahoo.com 7/11/2005 i CDB Meeting Date Case Numbers: Agenda Item: Owner/Applicant: Representative: Address: June 21, 2005 FLD2005-01012 E-1 Roland Rogers; Skiff Point of Clearwater, LLC Mr. Housh Ghovaee; Northside En ins eering Services, Inc. 200 Skiff Point CITY OF CLEARWATER PLANNING DEPARTMENT STAFF REPORT GENERAL INFORMATION: REQUEST: Flexible Development approval to permit 15 attached dwelling units with reductions to the front (east) setback from 25 feet to 15 feet to building and from 25 feet to three feet to pavement; a reduction to the side (north and south) setbacks from 10 feet to 6.5 feet to building and five feet to parking; a reduction to the rear (south) setback from 15 feet to zero feet to pool deck, five feet to pool and 7.5 feet to parking; and an increase in height from 30 feet to 49 feet to roof deck and additional four feet for parapet (from roof deck to top of parapet) and an additional 16 feet for elevator overrun (from roof deck), as a Residential Infill Project, in the Island Estates Neighborhood Conservation Overlay District (IENCOD)/Medium High Density Residential (MHDR) District under the provisions of Sections 2-4041 and 2-1602. C and H. EXISTING ZONING/ Medium High Density Residential (MHDR)/Island Estates LAND USE: Neighborhood Conservation Overlay (IENCOD) District; Residential High (RH) Future Land Use Plan classification PROPERTY SIZE: 0.50 acres; 21,820 square feet PROPERTY USE: Current Use: Attached dwellings (six units) Proposed Use: Attached dwellings (15 units - condominium) ADJACENT ZONING/ North: Preservation District; Intracoastal waterway LAND USES: East: Medium High Density Residential District; Attached dwellings South: Medium High Density Residential District; Attached dwellings West: Preservation District; Intracoastal waterway Staff Report - Community Development Board - June 21, 2005 Case FLD2005-01012 - Page 1 • 0 CHARACTER OF THE IMMEDIATE VICINITY: Attached dwellings (condominium-style) dominate Skiff Point. UPDATE: This Flexible Development case was reviewed at the April 19, 2005 Community Development Board (CDB) meeting. The CDB approved a continuance of this case to the May 17, 2005 CDB meeting to allow the applicant to further review and possible make some revisions to the building design. The applicant did not resubmit any new data for that meeting and the application, supporting materials, Staff report and recommendation did not changed with the exception of the provision of the correct number of existing dwelling units (six) where the original Staff report (April 19, 2005) listed an incorrect number (15 units). The application was reviewed a second time at the May 17, 2005 CDB meeting where a motion to deny the application was made and seconded. The final vote on that motion was three in support of the denial and three against the denial resulting in an automatic continuance to the June 21, 2005 CDB meeting. The applicant did not resubmit any new data for this meeting and the application, supporting materials, Staff report and recommendation have not changed. ANALYSIS: Site Location and Existing Conditions: The pie-shaped site is 0.50 acres located at the western terminus of Skiff Point, approximately 300 west of Larbord Way. It is located within a highly developed area of Island Estates and has frontage along Clearwater Bay. The site is currently developed with two residential buildings; a two-story building located on the north side of the site and a one-story building located on the south side of the site. The buildings contain a total of six dwellings. Vehicle access to the site is from one, undefined existing driveway along most of the front property line (Skiff point), where parking spaces "back out" into the right-of-way. The site also contains two existing docks approximately 35 feet in length to be retained for resident and guest usage only and will not be sub-leased. All existing improvements (buildings,. pavement, walkways and decks) will be removed as part of the site's redevelopment. Properties along Skiff Point have been developed with attached dwellings (condominiums both owner occupied and rented). Proposal: The proposal includes constructing a 15-unit, five-story (four stories over ground level parking) residential condominium building. A total of 15 dwelling units are permitted for the subject property, based on the maximum of 30 units per acre. The first level will be utilized for parking. The next three levels will contain four units on each floor, while the top floor (fifth level) will have three units. The proposal includes 24 parking spaces under the building where 23 parking spaces are required (1.5 spaces per unit). Staff Report - Community Development Board - June 21, 2005 Case FLD2005-01012 - Page 2 A 0 0 The request is being processed as a Residential Infill Project to permit attached dwellings within the Medium High Density Residential District due to setback reductions on each side of the site due to the irregular shape of the property. The proposed setbacks are comparable to other developments in the area. The building will be located 6.5 feet from the side property lines, 15 feet from the front property line and 18 feet from the rear property line. The proposal includes increases to building height from 30 feet to 49 feet (to roof deck) with an additional four feet (from roof deck for perimeter parapets) and an additional 16 feet (from roof deck) for an elevator shaft. The proposed building of four stories over ground level parking is consistent with other developments in the area. Code provisions allow parapet walls to extend a maximum of 30-inches above the roof deck. The applicant is requesting to increase the parapet to a total of four feet from the roof deck. This four-foot high parapet is located on all facades of the building, will screen from view rooftop air condensing units and will be in proportion with the building fagade. The proposal also includes architectural embellishments to provide visual interest and screening for the stairwells (on the northeast and southeast corners of the building) and elevator shaft (centrally located along the east fagade). The waterside side of the roof will be enclosed for safety and Building Code purposes with a railing, which will not block water views from residents and guests while on the roof deck. Code provisions allow, and the proposal includes, elevator towers, stair towers and mechanical equipment rooms to be a maximum of 16 feet above the roof deck. The proposed rooftop pavillion will, therefore, be lower than the elevator and stairwell towers proposed on the front side of the building. The Mediterranean-style of architecture of the building will include soft yellow stucco for the main building color, accented by the elevator and trash towers in darker shades. The parapet walls will contain barrel tile roofing. Banding, decorative tile and other architectural features will provide additional aesthetic interest. The windows, door frames and railings will be white in color. The landscape plan utilizes colorful groundcovers (dwarf jasmine and muhley grass), shrubs (hibiscus, variegated arboricola, Indian hawthorne and sea grape) and trees (Mexican Fan Palm, cabbage palm and magnolia). The applicant is not proposing any signs with this development. Any future attached signs should be designed to match the exterior materials and color of the building. Dumpsters will be placed within a staging area adjacent to the building and driveway on pickup days. All required Parks and Recreation fees will be required to be paid prior to the issuance of any building permits. On-site utility facilities (electric and communication lines) will be required to be placed underground as part of the site redevelopment. Provisions for the placement of conduits for the future undergrounding of existing aboveground utility facilities in the public right-of-way should be completed prior to the issuance of the first certificate of occupancy in a manner acceptable to the utility companies and the City. Code Enforcement Analysis: There are no outstanding enforcement issues associated with this site. Staff Report - Community Development Board - June 21, 2005 Case FLD2005-01012 - Page 3 0 0 COMPLIANCE WITH STANDARDS AND CRITERIA: (Sections 2-401.1 and 2-404): STANDARD PROPOSED CONSISTENT INCONSISTENT MAXIMUM DENSITY (30 dwelling units per 15 dwelling units X acre) (15 dwelling units maximum IMPERVIOUS SURFACE RATIO 0.62 X ISR 0.85 maximum LOT AREA (15,000 sq. feet minimum for 0.50 acre; 21,820 square feet X attached dwellings) LOT WIDTH (150 feet minimum for 160 feet* X attached dwellings) FRONT SETBACK 15 feet (to building); three feet (to X** 10-25 feet pavement) REAR SETBACK 18 feet to building; zero feet (to pool X** 10-15 feet deck and boardwalk SIDE SETBACK North: 6.5 feet (to building); five feet (0-10 feet) (pavement) X** South: 6.5 feet (to building); five feet to pavement) HEIGHT (30 feet) 49 feet (to roof deck) with an additional four feet (from roof deck for perimeter parapets) and an additional 16 feet (from roof deck for X** a roof top pavillion) - total height is 65 feet to the top of the elevator/stairwell shafts PARKING SPACES (one per unit; 15 24 spaces X spaces required) *The site is pie-shaped with a curved front property line. The property ranges between approximately 70 and 250 feet in width depending on the location at which the lot width is measured. Staff has used the average width to determine the lot width of the subject site. **See discussion under Analysis. In addition, the Code provides that the development standards for residential infill projects are guidelines and may be varied based on the criteria specified in Section 2-404.F. Staff Report - Community Development Board - June 21, 2005 Case FLD2005-01012 - Page 4 COMPLIANCE WITH FLEXIBILITY CRITERIA (Section 2-404.F): Consistent Inconsistent 1. The development or redevelopment of the parcel proposed for development is otherwise impractical without deviations from the use, X intensity and development standards. 2. The development of the parcel proposed for development as a Residential Infill Project will not reduce the fair market value of X abutting properties. 3. The uses within the Residential Infill Project are otherwise permitted X in the district. 4. The uses within the Residential Infill Project are compatible with X adjacent land uses. 5. The development of the parcel proposed for development as a Residential Infill Project will upgrade the immediate vicinity of the X parcel proposed for development. 6. The design of the proposed Residential Infill 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 X Clearwater as a whole. 7. 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 X City of Clearwater as a whole. COMPLIANCE WITH GENERAL STANDARDS (Section 3-913): Consistent Inconsistent 1. Development of the land will be in harmony with the scale, bulk, coverage, density and character of adjacent properties. X 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, including visual, acoustic and olfactory and hours of operation X impacts on adjacent properties. Staff Report - Community Development Board - June 21, 2005 Case FLD2005-01012 - Page 5 SUMMARY AND RECOMMENDATION: The Development Review Committee reviewed the application and supporting materials on March 3, 2005. The Planning Department recommends APPROVAL of the Flexible Development request to permit 15 attached dwelling units with reductions to the front (east) setback from 25 feet to 15 feet to building and from 25 feet to three feet to pavement; a reduction to the side (north and south) setbacks from 10 feet to 6.5 feet to building and five feet to parking; a reduction to the rear (south) setback from 15 feet to zero feet to pool deck, five feet to pool and 7.5 feet to parking; and an increase in height from 30 feet to 49 feet to roof deck and additional four feet for parapet (from roof deck to top of parapet) and an additional 16 feet for elevator overrun (from roof deck), as a Residential Infill Project, in the Island Estates Neighborhood Conservation Overlay District (IENCOD)/Medium High Density Residential (MHDR) District under the provisions of Sections 2-4041 and 2-1602. C and H, for the site at 200 and 201 Skiff Point, based on the following recommended findings of fact, recommended conclusions of law and with conditions: Recommended Findings of Fact: 1. Subject property is 21,820 square feet (0.50 acres), approximately 160 feet wide, Medium High Density Residential (MHDR) District; 2. Parcel is further subject to the requirements of Section 2-1602. C and H (Island Estates Neighborhood Conservation Overlay District (IENCOD); 3. Applicant seeks relief from minimum front, rear and side setbacks as a Residential Infill Project under Code provisions of Section 2-404.F.; 4. The proposed, five-story building design and architectural style is residential in character with regard to size and scale 5. Proposed landscaping mitigates setback reductions, buffering adjacent uses, adhering to neighborhood character. Recommended Conclusions of Law: 1. Staff finds the proposal compliant with the Flexible Development criteria as a Residential Infill Project per Section 2-404.F. 1 through 7; 2. Staff further finds the proposal compliant with the standards of the General Applicability Criteria per Section 3-913. 1 through 6; therefore 3. Staff recommends Board approval of FLD2005-01012 based on the above-recommended findings of fact and conditions proposed. 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 boats moored at the docks, lift and/or slips be for the exclusive use by the residents and/or guests of the condominiums and not be permitted to be sub-leased separately from the condominiums; 3. That any future attached sign meet all the requirements of Code and be designed to match the exterior materials and color of the building; 4. That all applicable requirements of Chapter 39 of the Building Code be met related to seawall setbacks; 5. That a condominium plat be recorded prior to the issuance of the first Certificate of Occupancy; Staff Report - Community Development Board - June 21, 2005 Case FLD2005-01 01 2 - Page 6 6. 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; 7. That a right-of-way permit be obtained from the City prior to open cutting the roadway within the Skiff Point right-of-way for a water connection prior to the issuance of a building permit. Contact Don Melone (727.562.4798) for permit information; 8. That all street restoration shall be in accordance with Engineering Standard Detail #104. Revise Sheet C6.1 using City details prior to the issuance of any permits; 9. That revised plans be submitted to and approved by Staff prior to the issuance of any permits which indicates that ductile iron pipe be installed between any tap and water meter and tap and backflow preventor device and at least one joint of ductile iron pipe be installed on the service side of any backflow preventor device. 10. That all Fire Department requirements be met prior to the issuance of any permits; and 11. That all Parks and Recreation fees be paid prior to the issuance of any permits. Prepared by: Planning Department Staff: Mark T. Parry, Consulting Planner ATTACHMENTS: Aerial Photograph of Site and Vicinity Location Map Future Land Use Map Zoning Atlas Map Application S: (Planning DepartmentlC D BIFLEX (FLD)IPending casesl Up for the next CDBISkiffPoint 200 (MHDR & IEOD) - 3.3.05 DRC - MTPISkiff Point 200 Staff Report revised for 05-17-05 CDB.doc Staff Report - Community Development Board - June 21, 2005 Case FLD2005-01.012 - Page 7 FAX MESSAGE CITY OF CLEARWATER PLANNING DEPARTMENT MUNICIPAL SERVICES BUILDING PLANNING DEPARTMENT 100 S MYRTLE AVE. P O BOX 4748 CLEARWATER, FL 33758-4748 OFFICE PHONE - (727) 562-4567 FAX PHONE - (727) 562-4576 TO: Frank Dame FAX #: 727-442.8337 FROM: Mark T. Parry, Planning Department, City of Clearwater DATE: Thursday 19, 2005 MESSAGE: Frank, Here is the application for 200 Skiff Point you requested. Let me know if you have any questions or need anything else. Mark T. Parry Should you have any questions, please do not hesitate in contacting me directly at 727.562.4558. NUMBER OF PAGES (INCLUDING THIS PAGE): Ten (10) CDB Meeting Date: Case Numbers: FLD200S -01f)12 Agenda Item: E2 Owner/Applicant: Roland Rogers; Skiff Point of Clearwater, LLC Representative: Mr. Housh Ghovaee; Northside Engineering Services, Inc. Address: 200 Skiff Point CITY OF CLEARWATER PLANNING DEPARTMENT STAFF REPORT GENERAL INFORMATION: REQUEST: Flexible Development approval to permit 15 attached dwelling units with reductions to the front (east) setback from 25 feet to 15 feet to building and from 25 feet to three feet to pavement; a reduction to the side (north and south) setbacks from 10 feet to 6.5 feet to building and five feet to parking; a reduction to the rear (south) setback from 15 feet to zero feet to pool deck, five feet to pool and 7.5 feet to parking; and an increase in height from 30 feet to 49 feet to roof deck and additional four feet for parapet (from roof deck to top of parapet) and an additional 16 feet for elevator overrun (from roof deck), as a Residential Infill Project, in the Island Estates Neighborhood Conservation Overlay District (IENCOD)/Medium High Density Residential (MHDR) District under the provisions of Sections 2-404.F and 2-1602. C and H. EXISTING ZONING/ Medium High Density Residential (MHDR)/Island Estates LAND USE: Neighborhood Conservation Overlay (IENCOD) District; Residential High (RH) Future Land Use Plan classification PROPERTY SIZE: 0.50 acres; 21,820 square feet PROPERTY USE: Current Use: Attached dwellings (six units) Proposed Use: Attached dwellings (15 units - condominium) ADJACENT ZONING/ North: Preservation District; Intracoastal waterway LAND USES: East: Medium High Density Residential District; Attached dwellings South: Medium High Density Residential District; Attached dwellings West: Preservation District; Intracoastal waterway Staff Report - Community Development Board - April 19, 2005 Case FLD2005-01012 - Page 1 C 0 4 - - N CHARACTER OF THE IMMEDIATE VICINITY: Attached dwellings (condominium-style) dominate Skiff Point. UPDATE: This Flexible Development case was reviewed at the April 19, 2005 Community Development Board (CDB) meeting. The CDB approved a continuance of this case to the May 17, 2005 CDB meeting to allow the applicant to further review and possible make some revisions to the building design. The applicant did not resubmit any new data. The application, supporting materials, Staff report and recommendation have not changed with the exception of providing the correct number of existing dwelling units (six) where the previous Staff report listed an incorrect number (15). ANALYSIS: Site Location and Existing Conditions: The pie-shaped site is 0.50 acres located at the western terminus of Skiff Point, approximately 300 west of Labrador Way. It is located within a highly developed area of Island Estates and has frontage along Clearwater Bay. The site is currently developed with two residential buildings; a two-story building located on the north side of the site and a one-story building located on the south side of the site. The buildings contain a total of six dwellings. Vehicle access to the site is from one, undefined existing driveway along most of the front property line (Skiff point), where parking spaces "back out" into the right-of-way. The site also contains two existing docks approximately 35 feet in length to be retained for resident and guest usage only and will not be sub-leased. All existing improvements (buildings, pavement, walkways and decks) will be removed as part of the site's redevelopment. Properties along Skiff Point have been developed with attached dwellings (condominiums both owner occupied and rented). Proposal: The proposal includes constructing a 15-unit, five-story (four stories over ground level parking) residential condominium building. A total of 15 dwelling units are permitted for the subject property, based on the maximum of 30 units per acre. The first level will be utilized for parking. The next three levels will contain four units on each floor, while the top floor (fifth level) will have three units. The proposal includes 24 parking spaces under the building where 23 parking spaces are required (1.5 spaces per unit). The request is being processed as a Residential Infill Project to permit attached dwellings within the Medium High Density Residential District due to setback reductions on each side of the site due to the irregular shape of the property. The proposed setbacks are comparable to other developments in the area. The building will be located 6.5 feet from the side property lines, 15 feet from the front property line and 18 feet from the rear property line. The proposal includes increases to building height from 30 feet to 49 feet (to roof deck) with an additional four feet (from roof deck for perimeter parapets) and an additional 16 feet (from roof deck) for an elevator shaft. The proposed building of four stories over ground level parking is Staff Report - Community Development Board - April 19, 2005 Case .FLD2005-01012 - Page 2 consistent with other developments in the area. Code provisions allow parapet walls to extend a maximum of 30-inches above the roof deck. The applicant is requesting to increase the parapet to a total of four feet from the roof deck. This four-foot high parapet is located on all facades of the building, will screen from view rooftop air condensing units and will be in proportion with the building fagade. The proposal also includes architectural embellishments to provide visual interest and screening for the stairwells (on the northeast and southeast corners of the building) and elevator shaft (centrally located along the east fagade). The waterside side of the roof will be enclosed for safety and Building Code purposes with a railing, which will not block water views from residents and guests while on the roof deck. Code provisions allow, and the proposal includes, elevator towers, stair towers and mechanical equipment rooms to be a maximum of 16 feet above the roof deck. The proposed rooftop pavillion will, therefore, be lower than the elevator and stairwell towers proposed on the front side of the building. The Mediterranean-style of architecture of the building will include soft yellow stucco for the main building color, accented by the elevator and trash towers in darker shades. The parapet walls will contain barrel tile roofing. Banding, decorative tile and other architectural features will provide additional aesthetic interest. The windows, door frames and railings will be white in color. The landscape plan utilizes colorful groundcovers (dwarf jasmine and muhley grass), shrubs (hibiscus, variegated arboricola, Indian hawthorne and sea grape) and trees (Mexican Fan Palm, cabbage palm and magnolia). The applicant is not proposing any signs with this development. Any future attached signs should be designed to match the exterior materials and color of the building. Dumpsters will be placed within a staging area adjacent to the building and driveway on pickup days. All required Parks and Recreation fees will be required to be paid prior to the issuance of any building permits. On-site utility facilities (electric and communication lines) will be required to be placed underground as part of the site redevelopment. Provisions for the placement of conduits for the future undergrounding of existing aboveground utility facilities in the public right-of-way should be completed prior to the issuance of the first certificate of occupancy in a manner acceptable to the utility companies and the City. Code Enforcement Analysis: There are no outstanding enforcement issues associated with this site. C nMPT,TANCF WFT19 STANDARDS AND C".RITFRIA: (Sections 2-401.1 and 2-4041: STANDARD PROPOSED CONSISTENT INCONSISTENT MAXIMUM DENSITY (30 dwelling units per 15 dwelling units X acre) (15 dwelling units maximum IMPERVIOUS 0.62 X SURFACE RATIO Staff Report - Community Development Board - April 19, 2005 Case FLD2005-01012 - Page 3 • (ISR) (0.85 maximum) LOT AREA (15,000 sq. feet minimum for 0.50 acre; 21,820 square feet X attached dwellings) LOT WIDTH (150 feet minimum for 160 feet* X attached dwellings) FRONT SETBACK 15 feet (to building); three feet (to X** 10-25 feet pavement) REAR SETBACK 18 feet to building; zero feet (to pool X** 10-15 feet deck and boardwalk) SIDE SETBACK North: 6.5 feet (to building); five feet X** (0-10 feet) (pavement) South: 6.5 feet (to building); five feet to pavement) HEIGHT (30 feet) 49 feet (to roof deck) with an X** additional four feet (from roof deck for perimeter parapets) and an additional 16 feet (from roof deck for a roof top pavillion) - total height is 65 feet to the top of the elevator/stairwell shafts PARKING SPACES 24 spaces X (one per unit; 15 spaces required) * I he site is pie-shaped with a curved front property line. The property ranges between approximately 70 and 250 feet in width depending on the location at which the lot width is measured. Staff has used the average width to determine the lot width of the subject site. **See discussion under Analysis. In addition, the Code provides that the development standards for residential infill projects are guidelines and may be varied based on the criteria specified in Section 2-404.F. C OMPT.TANCT WTTTT FT.FXTRTT,TTV C'RTTF.RTA /CPrtinn 7_dfld Fl- 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 Residential Infill Project will not reduce the fair market value of abutting properties. 3. The uses within the Residential Infill Project are otherwise permitted X in the district. 4. The uses within the Residential Infill Project are compatible with X adjacent land uses. Staff Report - Community Development Board - April 19, 2005 Case FLD2005-01012 - Page 4 0 0 5. The development of the parcel proposed for development as a Residential Infill Project will upgrade the immediate vicinity of the parcel proposed for development. X 6. The design of the proposed Residential Infill Project creates a form X 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. 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. SUMMARY AND RECOMMENDATION: The Development Review Committee reviewed the application and supporting materials on March 3, 2005. The Planning Department recommends APPROVAL of the Flexible Development request to permit 15 attached dwelling units with reductions to the front (east) setback from 25 feet to 15 feet to building and from 25 feet to three feet to pavement; a reduction to the side (north and south) setbacks from 10 feet to 6.5 feet to building and five feet to parking; a reduction to the rear (south) setback from 15 feet to zero feet to pool deck, five feet to pool and 7.5 feet to parking; and an increase in height from 30 feet to 49 feet to roof deck and additional four feet for parapet (from roof deck to top of parapet) and an additional 16 feet for elevator overrun (from roof deck), as a Residential Infill Project, in the Island Estates Neighborhood Conservation Overlay District (IENCOD)/Medium High Density Residential (MHDR) District under the provisions of Sections 2-4041 and 2-1602. C and H, for the site at 200 and 201 Skiff Point, based on the following recommended findings of fact, recommended conclusions of law and with conditions: Staff Report - Community Development Board - April 19, 2005 Case FLD2005-01012 - Page 5 Recommended Findings of Fact: 1. Subject property is 21,820 square feet (0.50 acres), approximately 160 feet wide, Medium High Density Residential (MHDR) District; 2. Parcel is further subject to the requirements of Section 2-1602. C and H (Island Estates Neighborhood Conservation Overlay District (IENCOD); 3. Applicant seeks relief from minimum front, rear and side setbacks as a Residential Infill Project under Code provisions of Section 2-404.F.; 4. The proposed, five-story building design and architectural style is residential in character with regard to size and scale 5. Proposed landscaping mitigates setback reductions, buffering adjacent uses, adhering to neighborhood character. Recommended Conclusions of Law: 1. Staff finds the proposal compliant with the Flexible Development criteria as a Residential Infill Project per Section 2-404.F. 1 through 7; 2. Staff further finds the proposal compliant with the standards of the General Applicability Criteria per Section 3-913. 1 through 6; therefore 3. Staff recommends Board approval of FLD2005-01012 based on the above-recommended findings of fact and conditions proposed. 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 boats moored at the docks, lift and/or slips be for the exclusive use by the residents and/or guests of the condominiums and not be permitted to be sub-leased separately from the condominiums; 3. That any future attached sign meet all the requirements of Code and be designed to match the exterior materials and color of the building; 4. That all applicable requirements of Chapter 39 of the Building Code be met related to seawall setbacks; 5. That a condominium plat be recorded prior to the issuance of the first Certificate of Occupancy; 6. 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; 7. That a right-of-way permit be obtained from the City prior to open cutting the roadway within the Skiff Point right-of-way for a water connection prior to the issuance of a building permit. Contact Don Melone (727.562.4798) for permit information; 8. That all street restoration shall be in accordance with Engineering Standard Detail #104. Revise Sheet C6.1 using City details prior to the issuance of any permits; 9. That revised plans be submitted to and approved by Staff prior to the issuance of any permits which indicates that ductile iron pipe be installed between any tap and water meter and tap and Staff Report - Community Development Board - April 19, 2005 Case FLD2005-01012 - Page 6 0 0 backflow preventor device and at least one joint of ductile iron pipe be installed on the service side of any backflow preventor device. 10. That all Fire Department requirements be met prior to the issuance of any permits; and 11. That all Parks and Recreation fees be paid prior to the issuance of any permits. Prepared by: Planning Department Staff: Mar?TPa, Consulting Planne ATTACHMENTS: Aerial Photograph of Site and Vicinity Location Map Future Land Use Map Zoning Atlas Map Application S:IPlanning DepartmentlC D BIFLEX (FLD)Tending casesl Up for the next CDBISkiffPoint 200 (MHDA & IEOD) 3.3.05 DRC - MTPISkiff Point 200 Stafj'Report revised.for 05-17-05 CDB.doc Staff Report - Community Development Board - April 19, 2005 Case FLD2005-01012 - Page 7 0 0 CDB Meeting Date: April 19, 2005 Case Numbers: FLD2005-01012 Agenda Item: E8 Owner/Applicant: Roland Rogers; Skiff Point of Clearwater, LLC Representative: Mr. Housh Ghovaee; Northside Engineering Services, Inc. Address: 200 Skiff Point CITY OF CLEARWATER PLANNING DEPARTMENT STAFF REPORT GENERAL INFORMATION: REQUEST: Flexible Development approval to permit 15 attached dwelling units with reductions to the front (east) setback from 25 feet to 15 feet to building and from 25 feet to three feet to pavement; a reduction to the side (north and south) setbacks from 10 feet to 6.5 feet to building and five feet to parking; a reduction to the rear (south) setback from 15 feet to zero feet to pool deck, five feet to pool and 7.5 feet to parking; and an increase in height from 30 feet to 49 feet to roof deck and additional four feet for parapet (from roof deck to top of parapet) and an additional 16 feet for elevator overrun (from roof deck), as a Residential Infill Project, in the Island Estates Neighborhood Conservation Overlay District (IENCOD)/Medium High Density Residential (MHDR) District under the provisions of Sections 2-404.17 and 2-1602. C and H. EXISTING ZONING/ Medium High Density Residential (MHDR)/Island Estates LAND USE: Neighborhood Conservation Overlay (IENCOD) District; Residential High (RH) Future Land Use Plan classification PROPERTY SIZE: 0.50 acres; 21,820 square feet PROPERTY USE: Current Use: Attached dwellings (15 units) 4- Proposed Use: Attached dwellings (15 units - condominium) ADJACENT ZONING/ North: Preservation District; Intracoastal waterway LAND USES: East: Medium High Density Residential District; Attached dwellings South: Medium High Density Residential District; Attached dwellings West: Preservation District; Intracoastal waterway Staff Report - Community Development Board - April 19, 2005 Case FLD2005-01012 - Page 1 CHARACTER OF THE IMMEDIATE VICINITY: Attached dwellings (condominium-style) dominate Skiff Point. ANALYSIS: Site Location and Existing Conditions: The pie-shaped site is 0.50 acres located at the western terminus of Skiff Point, approximately 300 west of Labrador Way. It is located within a highly developed area of Island Estates and has frontage along Clearwater Bay. The site is currently developed with two residential buildings; a two-story building located on the north side of the site and a one-story building located on the south side of the site. The buildings contain a total of 15 dwellings. Vehicle access to the site is from one, undefined, existing driveway along most of the front property line (Skiff point), where parking spaces "back out" into the right-of-way. The site also contains two existing docks approximately 35 feet in length to be retained for resident and guest usage only and will not be sub-leased. All existing improvements (buildings, pavement, walkways and decks) will be removed as part of the site's redevelopment. Properties along Skiff Point have been developed with attached dwellings (condominiums both owner occupied and rented). Proposal: The proposal includes constructing a 15-unit, five-story (four stories over ground level parking) residential condominium building. A total of 15 dwelling units are permitted for the subject property, based on the maximum of 30 units per acre. The first level will be utilized for parking. The next three levels will contain four units on each floor, while the top floor (fifth level) will have three units. The proposal includes 24 parking spaces under the building where 23 parking spaces are required (1.5 spaces per unit). The request is being processed as a Residential Infill Project to permit attached dwellings within the Medium High Density Residential District due to setback reductions on each side of the site due to the irregular shape of the property. The proposed setbacks are comparable to other developments in the area. The building will be located 6.5 feet from the side property lines, 15 feet from the front property line and 18 feet from the rear property line. The proposal includes increases to building height from 30 feet to 49 feet (to roof deck) with an additional four feet (from roof deck for perimeter parapets) and an additional 16 feet (from roof deck) for an elevator shaft. The proposed building of four stories over ground level parking is consistent with other developments in the area. Code provisions allow parapet walls to extend a maximum of 30-inches above the roof deck. The applicant is requesting to increase the parapet to a total of four feet from the roof deck. This four-foot high parapet is located on all facades of the building, will screen from view rooftop air condensing units and will be in proportion with the building facade. The proposal also includes architectural embellishments to provide visual interest and screening for the stairwells (on the northeast and southeast corners of the building) and elevator shaft (centrally located along the east facade). The waterside side of the roof will be Staff Report - Community Development Board - April 19, 2005 Case FLD2005-01012 - Page 2 • • enclosed for safety and Building Code purposes with a railing, which will not block water views from residents and guests while on the roof deck. Code provisions allow, and the proposal includes, elevator towers, stair towers and mechanical equipment rooms to be a maximum of 16 feet above the roof deck. The proposed rooftop pavillion will, therefore, be lower than the elevator and stairwell towers proposed on the front side of the building. The Mediterranean-style of architecture of the building will include soft yellow stucco for the main building color, accented by the elevator and trash towers in darker shades. The parapet walls will contain barrel tile roofing. Banding, decorative tile and other architectural features will provide additional aesthetic interest. The windows, door frames and railings will be white in color. The landscape plan utilizes colorful groundcovers (dwarf jasmine and muhley grass), shrubs (hibiscus, variegated arboricola, Indian hawthorne and sea grape) and trees (Mexican Fan Palm, cabbage palm and magnolia). The applicant is not proposing any signs with this development. Any future attached signs should be designed to match the exterior materials and color of the building. Dumpsters will be placed within a staging area adjacent to the building and driveway on pickup days. All required Parks and Recreation fees will be required to be paid prior to the issuance of any building permits. On-site utility facilities (electric and communication lines) will be required to be placed underground as part of the site redevelopment. Provisions for the placement of conduits for the future undergrounding of existing aboveground utility facilities in the public right-of-way should be completed prior to the issuance of the first certificate of occupancy in a manner acceptable to the utility companies and the City. Code Enforcement Analysis: There are no outstanding enforcement issues associated with this site. C OMPLIANC"F. WITH STANDARDS AND CRITERIA: (Sections 2-401.1 and 2-404): STANDARD PROPOSED CONSISTENT INCONSISTENT MAXIMUM DENSITY (30 dwelling units per 15 dwelling units X acre) (15 dwelling units maximum IMPERVIOUS SURFACE RATIO 0.62 X ISR 0.85 maximum LOT AREA (15,000 sq. feet minimum for 0.50 acre; 21,820 square feet X attached dwellings) LOT WIDTH (150 feet minimum for 160 feet* X attached dwellings) Staff Report - Community Development Board - April 19, 2005 Case FLD2005-01012 - Page 3 FRONT SETBACK 15 feet (to building); three feet (to X** 10-25 feet pavement) REAR SETBACK 18 feet to building; zero feet (to pool X** 10-15 feet deck and boardwalk SIDE SETBACK North: 6.5 feet (to building); five feet X** (0-10 feet) (pavement) South: 6.5 feet (to building); five feet (to pavement) HEIGHT (30 feet) 49 feet (to roof deck) with an X** additional four feet (from roof deck for perimeter parapets) and an additional 16 feet (from roof deck for a roof top pavillion) - total height is 65 feet to the top of the elevator/stairwell shafts PARKING SPACES 24 spaces X (one per unit; 15 spaces required) *The site is pie-shaped with a curved front property line. The property ranges between approximately 70 and 250 feet in width depending on the location at which the lot width is measured. Staff has used the average width to determine the lot width of the subject site. **See discussion under Analysis. In addition, the Code provides that the development standards for residential infill projects are guidelines and may be varied based on the criteria specified in Section 2-404.F. COMPLIANCE WITH FLEXIBILITY CRITERIA (Section 2-404.F): 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 Residential Infill Project will not reduce the fair market value of abutting properties. 3. The uses within the Residential Infill Project are otherwise permitted X in the district. 4. The uses within the Residential Infill Project are compatible with X adjacent land uses. 5. The development of the parcel proposed for development as a X Residential Infill Project will upgrade the immediate vicinity of the parcel proposed for development. 6. The design of the proposed Residential Infill Project creates a form and function that enhances the community character of the immediate X vicinity of the parcel proposed for development and the City of Clearwater as a whole. Staff Report - Community Development Board - April 19, 2005 Case FLD2005-01012 - Page 4 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. 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. SUMMARY AND RECOMMENDATION: The Development Review Committee reviewed the application and supporting materials on March 3, 2005. The Planning Department recommends APPROVAL of the Flexible Development request to permit 15 attached dwelling units with reductions to the front (east) setback from 25 feet to 15 feet to building and from 25 feet to three feet to pavement; a reduction to the side (north and south) setbacks from 10 feet to 6.5 feet to building and five feet to parking; a reduction to the rear (south) setback from 15 feet to zero feet to pool deck, five feet to pool and 7.5 feet to parking; and an increase in height from 30 feet to 49 feet to roof deck and additional four feet for parapet (from roof deck to top of parapet) and an additional 16 feet for elevator overrun (from roof deck), as a Residential Infill Project, in the Island Estates Neighborhood Conservation Overlay District (IENCOD)/Medium High Density Residential (MHDR) District under the provisions of Sections 2404.17 and 2-1602. C and H, for the site at 200 and 201 Skiff Point, based on the following recommended findings of fact, recommended conclusions of law and with conditions: Recommended Findings of Fact: 1. Subject property is 21,820 square feet (0.50 acres), approximately 160 feet wide, Medium High Density Residential (MHDR) District; 2. Parcel is further subject to the requirements of Section 2-1602. C and H (Island Estates Neighborhood Conservation Overlay District (IENCOD); 3. Applicant seeks relief from minimum front, rear and side setbacks as a Residential Infill Project under Code provisions of Section 2-404.F.; 4. The proposed, five-story building design and architectural style is residential in character with regard to size and scale 5. Proposed landscaping mitigates setback reductions, buffering adjacent uses, adhering to neighborhood character. Staff Report - Community Development Board - April 19, 2005 Case FLD2005-01012 - Page 5 Recommended Conclusions of Law: 1. Staff finds the proposal compliant with the Flexible Development criteria as a Residential Infill Project per Section 2-44.F. 1 through 7; 2. Staff further finds the proposal compliant with the standards of the General Applicability Criteria per Section 3-913. 1 through 6; therefore 3. Staff recommends Board approval of FLD2005-01012 based on the above-recommended findings of fact and conditions proposed. 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 boats moored at the docks, lift and/or slips be for the exclusive use by the residents and/or guests of the condominiums and not be permitted to be sub-leased separately from the condominiums; 3. That any future attached sign meet all the requirements of Code and be designed to match the exterior materials and color of the building; 4. That all applicable requirements of Chapter 39 of the Building Code be met related to seawall setbacks; 5. That a condominium plat be recorded prior to the issuance of the first Certificate of Occupancy; 6. 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; 7. That a right-of-way permit be obtained from the City prior to open cutting the roadway within the Skiff Point right-of-way for a water connection prior to the issuance of a building permit. Contact Don Melone (727.562.4798) for permit information; 8. That all street restoration shall be in accordance with Engineering Standard Detail #104. Revise Sheet C6.1 using City details prior to the issuance of any permits; 9. That revised plans be submitted to and approved by Staff prior to the issuance of any permits which indicates that ductile iron pipe be installed between any tap and water meter and tap and backflow preventor device and at least one joint of ductile iron pipe be installed on the service side of any backflow preventor device. 10. That all Fire Department requirements be met prior to the issuance of any permits; and 11. That all Parks and Recreation fees be paid prior to the issuance of any permits. Staff Report - Community Development Board - April 19, 2005 Case FLD2005-01012 - Page 6 Prepared by: Planning Department Staff: Mark T. Parry, Planner III ATTACHMENTS: Aerial Photograph of Site and Vicinity Location Map Future Land Use Map Zoning Atlas Map Application S.•IPlanning DepartmentlC D BIFLEX (FLD)IPending cases)Up_for the next CDBISkii fPoint 200 (MHDR & IEOD) - 3.3.05 DRC - MTPISkii f Point 200 Sta/f Report revised 04-05-05.doc Staff Report - Community Development Board - April 19, 2005 Case FLD2005-01012 - Page 7 0 0 as ?-- I ? I - 1 le- affil , nfraL? ?- IS S N M t- 460 -"\ \ 459 ,r- S' e- Eaml- \ ;-iy f- II ;;--ngl ?fami - \_- 450 N ti0.1 ; 1 ? es1 ? _ } l , wt -GS1 nli 44911-- 441®M. i ik 1?1 43 440 ' I J ?'Multi-fa side mid'ent \ FF pt SKI Multi-fgnily"\ , \ > residential ( 0 `\ M 1? faun 1 \ \ re ' d?ntrl v? ?` ; \ / ' \ / Tee u16 1fa ily _ _- - 3 ` - ti- 354 \\-=Retail,`,,-? 1 \ 1 \ 2 ? • ? 1 , O ? y, ry a 34 r d l 04 "Y Existing Surrounding Uses Owner: Skiff Point of Clearwater, LLC Cases: FLD2005-01012 Site: 200 & 201 Skiff Point Pro Si eperty : 0.500 I 08/29/15/43398/000/0350 PIN: 08/29/15/43398/000/0360 Atlas Page: 2676 9 0 a 1 _ • AN r .1. ,F I P 0 . 1 i ? ,r a- 3? i'j ?M1 Irv? V 411 1. fit.. , 10 ti r Aerial Photograph Owner. Skiff Point of Clearwater, LLC Cases: FLD2005-01012 Site: 200 & 201 Skiff Point Property 0 500 Size (Acres): . PIN: 08/29/15/43398/000/0350 08/29/15/43398/000/0360 Atlas Page: 2678 a 0 U g MANGO ST 9 D De- 0 ?EN\a p? IRIS ? ¢? 0 O Z ?> 5 ASTER a ACACIA ST I? N _ -ERt£i Si O° ?p PROJECT o IDO SITE ppS?'GE GIENGRLE ?• O Al Y 1?N HEILWOOD O BAY A AVALON W O NE O Aniv1? z K CO D ?S s L M BAY ESPLANADE N.TJ PN ' SE ?O U` P-MAY 3.. BAYMONT ST KIFF pOi m Q Q O ?I LH Co W m 4 £ y O O y akahYN o a OINT P P PAYA T A S pp > k pORY PASSAGE o Qd5 > D 4 < ? us aaa Pia 50 ?*? p o O cm,ewe BIYa o WINDWARD P SAGE S? FIRSTCC By Si DR W( ? O THIRD ST N L 0 0 9L U 2 Q BRIGHT WATER DR FIFTH BAVSIDE OT Location Map Owner: Skiff Point of Clearwater, LLC Cases: FLD2005-01012 Site: 200 8L 201 Skiff Point Property Size(Acres): 0.500 08/29/15/43398/000/0350 PIN: 08/29/15/43398/000/0360 Atlas Page: 2676 240.- \ r-- I I I I r-? 1 I r?r- I I I f'- \ ??- 11 \ MI ""I IS .7 A?- -?20 1 460 r_ 459 I W _ \ 1 \ tY- l \ ?\\ r? I II IrN_1 \- ." > I i ll 1 1 1 - 450 N 449, 7- 40 ''\ \ ®M. ` i ?? _44&?\\ D 43 4?-00 r l l ` -- . \- N 1I / P 11 . _I! 201 ` 1 ` ` r tir r N 0 l J rr' 1 ( -?'- 1\ \ 0 \11 \1 \ ? 111 11 \., HDJ? \1 ?, \1 ; \ \ I` \ 1 1 , 1 / N N-- ! 354 1_?,- \ f?-I ,.• \?-'? ry O /? ?^,/ r7b1 1 11 II ?v \ 3 42 1 i \ Zoning Map Owner: Skiff Point of Clearwater, LLC I Cases: FLD2005-01012 Site: 200 & 201 Skiff Point Property 0.500 Size(Acres): 08/29/15/43398/000/0350 PIN: 08/29/15/43398/000/0360 Atlas Page: 2676 9 0 41 FLD2005-01012 Sldff Point of Clearwater 200 & 201 Skiff Point u FLD2005-01012 Skiff Point of Clearwater 200 & 201 Skiff Point 0 Mal 14 FLD2005-01012 Skiff Point of Clearwater 200 & 201 Skiff Point I#: 2010031003 BK: 16821 PG: 1217, 02/03/2010 at 02:55 PM, RECORDING 91 PAGES $775.00 KEN BURKE, CLERK OF COURT PINELLAS COUNTY, FL BY DEPUTY CLERK: CLKDMC5 PREPARED BY AND TO BE RETURNED TO: Robert S. Freedman, Esquire Carlton Fields, P.A. 4221 W. Boy Scout Boulevard, Suite 1000 Tampa, Florida 33607 (813) 223-7000 DECLARATION OF CONDOMINIUM FOR MAJESTIC POINT, A CONDOMINIUM Table of Contents SECTION 1: INTRODUCTION AND SUBMISSION ......................................................... ........ I SECTION 2: DEFINITIONS .......................................................................................... ........1 SECTION 3: DESCRIPTION OF CONDOMINIUM ........................................................... ........4 SECTION 4: RESTRAINT UPON SEPARATION AND PARTITION OF COMMON ELEMENTS ...... 13 SECTION 5: OWNERSHIP OF COMMON ELEMENTS AND COMMON SURPLUS AND SHARE OF COMMON EXPENSES; VOTING RIGHTS ................................... ......13 SECTION 6: AMENDMENTS ....................................................................................... ......14 SECTION 7: MAINTENANCE AND REPAIRS ................................................................. ......15 SECTION 8: ADDITIONS, ALTERATIONS OR IMPROVEMENTS BY THE ASSOCIATION ...... ......17 SECTION 9: ADDITIONS, ALTERATIONS OR IMPROVEMENTS BY UNIT OWNER .............. ......17 SECTION 10: ADDITIONS, ALTERATIONS OR IMPROVEMENTS BY DEVELOPER .................. ......18 SECTION 11: OPERATION OF THE CONDOMINIUM BY THE ASSOCIATION; POWERS AND DUTIES ........................................................................................... ......18 SECTION 12: PROFESSIONAL MANAGEMENT OF THE CONDOMINIUM ......................... ......21 SECTION 13: DETERMINATION OF ASSESSMENTS ........................................................ ......22 SECTION 14: COLLECTION OF ASSESSMENTS .............................................................. ......22 SECTION 15: INSURANCE ........................................................................................... ......25 SECTION 16: RECONSTRUCTION OR REPAIR AFTER FIRE OR OTHER CASUALTY ............... ......28 SECTION 17: CONDEMNATION .................................................................................. ......30 SECTION 18: OCCUPANCY AND USE RESTRICTIONS .................................................... ......31 SECTION 19: SELLING, LEASING AND MORTGAGING OF UNITS .................................... ......37 SECTION 20: COMPLIANCE AND DEFAULT ................................................................... ......38 SECTION 21: TERMINATION OF CONDOMINIUM ......................................................... ......38 SECTION 22: ADDITIONAL RIGHTS OF MORTGAGEES AND OTHERS ............................... ......39 SECTION 23: DISCLAIMER OF WARRANTIES .................................................................. ......41 SECTION 24: MEDIATION AND ARBITRATION ............................................................... ......41 SECTION 25: ADDITIONAL PROVISIONS ....................................................................... ......41 ORIGINAL OF EXHIBIT NO. 1 CONSISTING OF THE CONDOMINIUM DRAWINGS IS RECORDED IN CONDOMINIUM BOOK. /S , PAGE, SO , OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA. 15978050.3 PINELLAS COUNTY FL OFF. REC. BK 16821 PG 1218 SKIFF POINT PROPERTIES, LLC, a Florida limited liability company, hereby declares as follows: Section 1: Introduction and Submission 1.1 The Land. The Developer owns the fee title to certain land located in Pinellas County, Florida, as more particularly described in Exhibit No. 1 hereto (the "JgDd"). 1.2 Submission ,Statement. The Developer hereby submits (a) the land together with all improvements from time to time erected or to be installed thereon and (b) the easements and provisions contained in that certain Declaration and Grant of Easements recorded in Official Records Book 6/ 8d / Page X6213 , public records of the County ("Declaration and Grant of Easements"), to the condominium form of ownership and use in the manner provided for in the Florida Condominium Act as it exists on the date hereof, subject to the reservations, easements and restrictions of record. 1.3 Pronertx Subject to Certain Restrictions and Easements. The Condominium Property (as defined hereinafter) is subject to the covenants, conditions, restrictions, and reserved rights of the Developer contained in this Declaration. The Condominium Property also is subject to (a) the Declaration and Grant of Easements, and (b) all other instruments of record which were in existence prior to recording of this Declaration. 1.4 Name. The name by which this condominium is to be identified is MAJESTIC POINT, A CONDOMINIUM (the "Condominium"). 1.5 Disclosure Pertaining to Submerged Lands. A portion of the Land constitutes submerged lands. Fee simple title to such portion of the land was conveyed to Developer by deed of conveyance recorded in Official Records Book 16750, Page 35, public records of the County. Developer, to the best of its knowledge, is not aware of any existing or potential claims that have been or may be made against the submerged lands by the state of Florida or any other governmental agency. Each Unit Owner, by virtue of taking title to a Condominium Parcel, acknowledges and agrees, and shall be deemed to have acknowledged and agreed, that (o) Developer has submitted such submerged lands to condominium ownership based upon Developer's understanding, to the best of its knowledge, that no existing or potential claims have been or may be made against the submerged lands by the state of Florida or any other governmental agency, (b) in the event any such claim pertaining to the submerged lands subsequent to recording of this Declaration, Developer and its successors and assigns shall be held harmless in such regard, and (c) such Unit Owner shall cooperate and execute any and all documents that may become necessary in connection with the use, operation and maintenance of such submerged lands. Section 2: Definitions For purposes of this Declaration and the exhibits attached hereto, the following terms shall have the respective meanings ascribed to them in this Section, except where the context clearly indicates a different meaning or a specific limited meaning is detailed: 2.1 "6!2" or "Condominium Act" or "Florida Condominium Act" means the Florida Condominium Act (Chapter 718, Florida Statutes) as it exists on the dote hereof. 2.2 "Articles" or "Articles of incorporation" means the Articles of Incorporation of the Association, as amended from time to time. A certified copy of the original Articles of Incorporation is attached hereto as Exhibit No. 2. 2.3 "Assessment," as further described and defined in Sections 13 and 14 hereof, means a share of the funds required for the payment of certain Common Expenses as provided in this Declaration and which from time to time is assessed against the Unit Owner. 15978050.3 - 1 - PINELLAS COUNTY FL OFF. REC. EK 16821 PG 1219 2.4 "Association" or "Condominium Association" means MAJESTIC POINT CONDOMINIUM ASSOCIATION, INC., a Florida corporation not-for-profit, the sole entity responsible for the operation of the Condominium. Where utilized herein or in the exhibits attached hereto, the term "Corporation" shall be deemed to be synonymous with the term "Association." 2.5 "Association Prop" means the property, real and personal, in which title or ownership is vested in, or which is dedicated on a recorded plat or leased to, the Association for the use and benefit of its members. 2.6 "Building" means the structure in which the Units and certain of the Common Elements are located on the Condominium Property. 27 "Board" or "Board of Directors" means the board of directors of the Association. 2.8 "gat Lift" means the physical structure which holds a Unit Owner's Vessel above the surface of the water and within the boundaries of the Boat Slip, together with all lines, facilities, equipment and the like related or connected thereto (including all electrical wiring necessary for the operation of the lift, but specifically excluding any electrical or utility lines up to the point of connection to the structure, which are Common Elements maintained by the Association) that existed prior to Developer's conveyance of a Boat Unit to a Boat Unit Owner or as shall exist thereafter. All Boat Lifts, whether installed by Developer or by the Unit Owner with regard to the Boat Slip, are the responsibility of the Unit Owner, regardless of whether or not wholly contained within the boundaries of a Boat Slip. 2.9 "Boat Slip" means and refers to a docking slip located within the submerged lands which constitute a portion of the Condominium Property within which a Vessel may be located from time to time. Boat Slips are numerically designated on the Condominium Plat and shall be assigned as Limited Common Elements pursuant to the terms hereof. 2.10 "By-Laws" mean the By-Laws of the Association, as amended from time to time. A copy of the original By-Laws is attached hereto as Exhibit No. 3. 2.11 "Qty" means the City of Clearwater. 2.12 "Common Elements" mean and include: (a) the portions of the Condominium Property which are not included within the Units; (b) easements over, under, across, and through Units for conduits, ducts, plumbing, wiring and other facilities for the furnishing of utility and other services to the Units and the Common Elements; (c) an easement of support in every portion of a Unit which contributes to the support of the Unit or other improvements on all other Units, Common Elements or Limited Common Elements; (d) the property and installations required for the furnishing of utilities and other services to more than one Unit (as and to the extent applicable) or to the Common Elements; (e) any hallways, foyers, doors, elevators, stairwells, alarm systems, access systems, or security systems not contained within a specific Unit, or designated as a Limited Common Element to a specific Unit or group of units; and (f) any other parts of the Condominium Property designated as Common Elements pursuant to this Declaration or the Act. 2.13 "Common Expenses" mean all expenses incurred by the Association to accomplish its duties as contemplated by this Declaration and the Act which shall be assessed or imposed against Units in the Condominium by the Association as authorized by the Act. Pursuant to the Act, if approved by the Board of Directors, "Common Expenses" shall include the cost of a master television antenna system or duly franchised cable television service obtained pursuant to a bulk contract. For all purposes of this Declaration, "Common Expenses" also shall include all reserves required by the Act or otherwise established by the Association, regardless of when reserve funds are expended. i 15978050.3 - 2 - PINELLAS COUNTY FL OFF. REC. BK 16821 PG 1220 2.14 "Common Surplus" means the excess of all receipts of the Association collected on behalf of the Association, including, but not limited to, Assessments, rents, profits and revenues on account of the Common Elements, over and above the amount of Common Expenses. 2.15 "Condominium Parcel" means a Unit together with the undivided share in the Common Elements which is appurtenant to said Unit. 2.16 "Condominium Plal" means the condominium drawings required by Section 718.104 of the Act and recorded in the Condominium Book and Page identified on the first (1st) page hereof and constituting Exhibit No. 1 hereto. 2.17 "Condominium Prooertv" means the Land and improvements constructed thereon which have been submitted to condominium ownership under this Declaration, subject to the limitations thereof and exclusions therefrom. 2.18 "County" means Pinellas County, State of Florida. 2.19 "Declaration" or "Declaration of Condominium" means this instrument, as it may be amended from time to time. 2.20 "Developar" means Skiff Point Properties, LLC, a Florida limited liability company, and its successors and such of its assigns as to which its rights hereunder are assigned by written instrument recorded in the public records of the County. Such assignment may be made on an exclusive or nonexclusive basis and may be an assignment of all or only portions of its rights of Developer hereunder; provided, however, that no such assignment shall make any assignee the "Developer" for purposes hereof unless such assignment is an assignment of all of Developer's rights hereunder and is exclusive, except as to any previously assigned rights. 2.21 "Development Order" means any development order or agreement issued by the City, County or other opplicable governmental body, as has been or may be amended from time to time, together with any other development order(s) as may be issued from time to time by the City, County or other applicable governmental body pertaining to all or a portion of the Condominium Property. 2.22 "Institutional First Mortgagee" means a bank, savings and loan association, insurance company, credit union, real estate or mortgage investment trust, pension fund, an agency of the United States Government, mortgage banker, the Federal National Mortgage Association ("EN1A"), the Federal Home Loan Mortgage Corporation ("FHLMC") or any other lender generally recognized as an institutional lender, or the Developer, holding a first mortgage on a Unit or Units. A "Moiority of Institutional First Mortgagees" shall mean and refer to Institutional First Mortgagee(s) of Units with regard to at least 51% of the voting interests which ore appurtenant to Units subject to mortgages held by Institutional First Mortgagees. 2.23 "Limited Common Elements" mean those Common Elements, the use of which is reserved to a certain Unit or Units to the exclusion of other Units and as shown on the Condominium Plat or otherwise specified in this Declaration. References herein to Common Elements also shall include all Limited Common Elements unless the context would prohibit or it is otherwise expressly provided. 2.24 "Management Agreement" means and refers to any agreement entered into by the Association from time to time for the operation and administration of the Condominium and the management of the Condominium Property. 2.25 "Management Firm" means and refers to any entity undertaking management services on or pertaining to the Condominium Property pursuant to a Management Agreement. Any Management Firm 15978050.3 -3. PINELLAS COUNTY FL OFF. REC. BK 16821 PG 1221 must be a professional community association manager duly licensed under Florida low to provide management services to condominium projects. 2.26 "Parking Space" means and refers to on area within the Condominium Property for the parking of motorized vehicles. Certain Parking Spaces shall be assigned as Limited Common Elements appurtenant to the Units, and other Parking Spaces shall be unassigned Common Elements. In no manner shall a Parking Space be deemed to mean or include a Boat Slip. 2.27 "Penthouse Unit" means and refers to a Unit located on the top floor of the Building 2.28 "Primary Institutional First MoggoM" means the Institutional First Mortgagee which owns, at the relevant time, Unit mortgages securing a greater aggregate indebtedness than is owed to any other Institutional First Mortgagee. 2.29 "Rules and Regulations" means those certain rules and regulations promulgated by the Board of Directors from time to time pertaining to use of the Condominium Property. The initial Rules and Regulations constitute Exhibit No. 4 attached hereto and made a part hereof. Any amendments or modifications to the Rules and Regulations subsequent to the recording of this Declarotion need not be recorded in the public records of the County, but shall be maintained in the official records of the Association. 2.30 ", to and Unit" means and refers to a Unit located on the floors of the Building other than the top floor. 2.31 "Uri" or "Condominium Unit" means and refers to that portion of the Condominium Property which is subject to exclusive ownership and is referred herein to each of the separate and identified Units delineated in the Condominium Plat. The physical boundaries of each Unit are as delineated in the Condominium Plat and are as more particularly described in Section 3.2 of this Declaration. The term "Unit" is often used synonymously herein with "Condominium Parcel" when meaning the sum total of an Owner's ownership interest in the Condominium. There shall be two types of Units within the Condominium, each of which is residential in nature - Penthouse Units and Standard Units. 2.32 "Unit Owner" or "Owner of a Unit" or "Owner" means the record owner of legal title to a Condominium Parcel. 2.33 "Vehi le" means and refers to a Unit Owner's automobile or other means of transportation which is permitted pursuant to Section] 8.9 hereof. 2.34 "vessel" means and refers to a leisure or recreational motor boat, yacht, jet skis, wet bikes, wove-runners or other water croft which is self-propelled and in a seaworthy condition, which shall be contained within a Boat Slip and upon a Boat lift-; provided, however, that this term shall exclude any houseboat, sailboat, floating home, house-like barge, seaplane, non-displacement (i.e., air cushion) or commercial marine vessels. In the event of any dispute as to whether a particular vessel or boat is permitted to be kept in a Boat Slip or otherwise operated within the Condominium Property, the determination of a majority of the Board of Directors made in its sole discretion shall be dispositive. 2.35 "Voting Interest" means the vote(s) allocated to a Unit. There are a total of 16 Voting Interests in the Association. 3.1 Identification of Units. The Condominium contains 1 Building containing 14 Units as depicted on the Condominium Plat. Each Unit in the Condominium shall be identified by a separate 15978050.3 - 4 - PINELLAS COUNTY FL OFF. REC. BK 16821 PG 1222 numerical designation as shown on the Condominium Plat, which exists as Exhibit No. 1 hereto, and which consists of a survey of the Land subjected to condominium ownership under this Declaration, a graphic description of the improvements located thereon (including the Units and the Building), and a plot plan thereof. A reduced-in-size copy of the Condominium Plot together with a copy of the legal description contained on the Condominium Plat, is attached to this Declaration for convenience. The Condominium Plot, together with this Declaration, is sufficient in detail to identify the Common Elements and each Unit and their relative locations and dimensions, in accordance with the requirements of Section 718.104(4)(e), Florida Statutes. There shall pass with a Unit as appurtenances thereto: (a) an undivided shore in the Common Elements and Common Surplus; (b) the exclusive right to use such portion of the Common Elements as may be the limited Common Elements for such Unit; (c) on exclusive easement for the use of the air space occupied by the Unit as it exists at any particular time and as the Unit may lawfully be altered or reconstructed from time to time, provided that an easement in air space which is vacated shall be terminated automatically; (d) membership in the Association with the full voting rights appurtenant thereto; and (e) other appurtenances as may be provided by this Declaration or the Act. Time-share estates or interests will not be created with respect to any of the Units in the Condominium. 3.2 Unit Boundaries: Permitted Improvements. 3.2.1 Bounclarie . Each Unit shall include that part of the Building that lies within the following boundaries: 3.2.1.1 Upper and Lower Boundaries. The upper and lower boundaries of the Unit shall be the following boundaries extended to their intersections with the perimeter boundaries: 3.2.1.1.1 Upper Boundaries. The horizontal plane of the unfinished lower surface of the ceiling of the Unit. 3.2.1.1.2 Lower Boundaries. The horizontal plane of the unfinished upper surface of the floor of the Unit. 3.2.1.2 Perimeter Boundaries. The perimeter boundaries of the Unit shall be the vertical planes of the unfinished interior surfaces of the drywall walls bounding the Unit as depicted on the Condominium Plat extended to their intersections with each other and with the upper and lower boundaries. 3.2.1.3 Interior Walls. No portion of the non-structural interior portition walls within a Unit shall be considered part of the boundary of a Unit. 3.2.1.4 Additional Items Included within the Units. To the extent the following items exist for the use of a Unit, such items shall be considered to be a part of the Unit, regardless of whether or not such item in whole or in part exists within the physical boundaries described above: 3.2.1.4.1 oil kitchen items and fixtures, including, but not necessarily limited to, ovens, refrigerators, freezers, trash compactors, sinks, ranges, cabinets, dishwashers and exhaust fans; 3.2.1.4.2 all bathroom and plumbing fixtures, including, but not necessarily limited to, sinks, tubs, showers, toilets, vanities, bidets, exhaust fans and medicine or other related storage cabinets; 3.2.1.4.3 all electrical and lighting fixtures, including, but not necessarily limited to, outlets, switches, lamps, bulbs, outlet, switch and control boxes, telephone outlets, 15978050.3 -5- PINELLAS COUNTY FL OFF. REC. BK 16821 PG 1223 circuit breakers, cable television or other communications jacks or outlets, circuit breakers and circuit breaker panels; 3.2.1.4.4 all clothes washers and dryers, water heaters, heating equipment and air conditioning equipment which serve a Unit; and 3.2.1.4.5 all pipes, ducts, wiring, facilities, cables and conduits of any kind, nature or type which service a particular Unit. Any utility lines which are located within a Unit and which provide service to more than one Unit shall be considered to be Common Elements, notwithstanding their physical location being within the Unit's boundaries. If a wall or roof surface overhangs or part of a Unit encroaches unto the Common Elements, the overhanging or encroaching specific portion of such Unit shall be a part of the Unit. Notwithstanding the fact that no Unit may be divided or partitioned for purposes of sale or lease, a Unit may be combined with the laterally-adjacent Unit or the Unit lying directly above or beneath a particular Unit in order to permit occupancy of such areas as one residential living space. Such a combination of Units shall be for purposes of occupancy and use only and shall not be deemed an amendment to this Declaration. Further, any such combination shall not materially alter or modify the configuration or size of a Unit. 3.2.2 Permitted Improvements. All Units shall be one-story and shall constitute a single residence for purposes of occupancy. 3.2.3 till Lines. Any utility lines which are located within a Unit and which provide service to more than one Unit shall be considered to be Common Elements, notwithstanding their physical location being within the applicable Unit's boundaries. If a wall or roof surface overhangs or part of a Unit encroaches unto the Common Elements, the overhanging or encroaching specific portion of such Unit shall be a part of such Unit. 3.2.4 Combination of Units. Notwithstanding the fact that no Unit may be divided or partitioned for purposes of sale or lease, a Unit may be combined with a laterallyadjocent Unit or a Unit lying directly above or beneath a particular Unit in order to permit combined occupancy of such areas for the purposes intended. Such a combination of Units shall be for purposes of occupancy and use only and shall not be deemed an amendment to this Declaration. Further, any such combination shall not materially alter or modify the configuration or size of a Unit. 3.2.5 Exclusigns from Units. For purposes of clarity and confirmation to the Owners of the Units, no balconies, terraces or lonais are or shall be contained within the boundaries of a Unit. 3.3 Limited Common Elements. 3.3.1 Definition of Limited Common Elements. To the extent applicable and subject to the provisions of this Declaration, each Unit shall have, as Limited Common Elements appurtenant thereto, such portions of the Common Elements as are defined herein and/or shown on the Condominium Plat, including, but not limited to, the following: 3.3.1.1 any area(s) labeled as a Limited Common Element on the Condominium Plat and contiguous to a Unit or identified as being appurtenant to a Unit, such as, but not necessarily limited to, covered decks, balconies, patio areas and lanais; 3.3.1.2 each Standard Unit shall be assigned 1 Parking Space and each Penthouse Unit shall be assigned 2 Parking Spaces, the assignment of which as an appurtenant Limited Common Element shall be made by the Developer in its sole discretion for so long as Developer owns any 15978050.3 -6- PINELLAS COUNTY FL OFF. REC. BK 16821 PG 1224 Unit in the Condominium, subject to the provisions of the Act as may be applicable. Such assignment shall be by an unrecorded written instrument given to the purchaser at closing. Further information pertaining to Limited Common Element Parking Spaces is contained in Section 3.3.3 hereof; 3.3.1.3 1 Boot Slip, the assignment of which as an appurtenant limited Common Element shall be made by the Developer in its sole discretion for so long as Developer owns any Unit in the Condominium, subject to the provisions of the Act as may be applicable. A Boat Slip shall be deemed to have the following boundaries: 3.3.1.3.1 Upper and owQr Boundaries. The upper and lower boundaries of the Boot Slip shall be the following boundaries extended to their intersections with the perimeter boundaries: (a) Upper BoT undaries. The upper boundary of the Boat Slip is the plane(s) measured forty (40) feet above the surface of the waters at any given time. (b) ]Lower Boundaries. The lower boundary of the Boat Slip is the plane(s) measured one foot above the upper surface of the submerged lands at any given time. 3.3.1.3.2 Perimeter Boundaries. The perimeter boundaries of the Boat Slip shall be the vertical planes coincident to the perimeter boundaries of the Boat Slip as depicted on the Condominium Plat extended to their intersections with each other and with the upper and lower boundaries. Further information pertaining to Limited Common Element Boat Slips is contained in Section 3.3.4 hereof; 3.3.1.4 the structure(s) located on a portion of the Building or otherwise within the Condominium Property on which is located any air-conditioning equipment which serves the Unit; 3.3.1.5 any security installation designed to serve one particular Unit or a grouping of Units, to the exclusion of other Units; and 3.3.1.6 the mailbox which exclusively serves a Unit. 3.3.2 Maintenance of Limited Common Elements. The Limited Common Elements shall be maintained, repaired or replaced by the Association as port of the Common Expenses; provided, however, that: 3.3.2.1 a Unit Owner may utilize the portions of the Limited Common Element covered decks, balconies, patio areas and lanais which are appurtenant to the Unit and which are for the exclusive use of such Unit Owner, and such Unit Owner shall be responsible for (a) all structures pertaining thereto, and (b) the maintenance of all items placed within such covered decks, balconies, patio areas and Ianais by such Unit Owner (no items shall be placed within such Limited Common Element covered decks, balconies, patio areas and lanais except in accordance with the Rules and Regulations and subject to prior written approval by the Association). In the event a covered deck, balcony, patio area or lanai contains screening and structures associated therewith, the Unit Owner shall be solely responsible for the maintenance, repair, replacement and reconstruction of all portions of such screening and the structures associated therewith in accordance with the Rules and Regulations; 3.3.2.2 each Unit Owner shall be solely responsible for the maintenance, repair, and replacement of all air-conditioning equipment and all wiring and piping related thereto which serve the Unit and which are constructed on the Limited Common Elements or, as may be applicable, the 15978050.3 -7- PINELLAS COUNTY FL OFF. REC. BK 16821 PG 1225 Common Elements (for purposes of reference herein, the Unit Owner shall be the owner of all such air- conditioning equipment and all wiring and piping related thereto regardless of such equipment, wiring and piping being located outside of the physical boundaries of the Unit); 3.3.2.3 each Unit Owner shall be solely responsible for the Vessel placed within the Boat Slip appurtenant to such Owner's Unit; and 3.3.2.4 each Unit Owner shall be solely responsible for maintaining, repairing, replacing and/or reconstructing the Boat Lift pertaining to such Unit Owner's Boat Slip, in accordance with the Rules and Regulations. Should any maintenance, repair or replacement of a portion of the Limited Common Elements which is the responsibility of the Association be caused by the lessees, servants, guests, invitees or licensees of a Unit Owner, then such Unit Owner shall be responsible therefor and the Association shall have the right to levy a fine against the Owner of such Unit. 3.3.3 Specific Provisions Pertaining to Limited Common Element Parking SRoces. 3.3.3.1 Developer hereby reserves the right, in its sole discretion, to assign previously unassigned Parking Spaces as Limited Common Elements to Units being conveyed or already conveyed by Developer, as long as Developer holds any Units for sale in the ordinary course of business. 3.3.3.2 As noted in Section 3.3.1.2 hereof, each Standard Unit shall be assigned 1 limited Common Element Parking Space and each Penthouse Unit shall be assigned 2 Limited Common Element Parking Spaces. Each Unit shall have of all times at least 1 Parking Space assigned thereto as a Limited Common Element, and Developer, in its sole discretion, shall be entitled to assign additional Parking Spaces to a Unit as a limited Common Element thereto for so long as Developer is the owner of at least one Unit. Thereafter, in the event that 2 or more Unit Owners wish to exchange Limited Common Element Parking Spaces, they may do so by surrendering their assignment instruments to the Association, which shall re-issue assignment instruments reflecting the exchange; provided, however, that each Unit shall at all times have no less than 1 Limited Common Element Parking Space. Assignments can only be changed with the written consent of the holder; provided, however, the Association shall have the absolute right to make assignments or reassignments of Parking Spaces to accommodate the needs of handicapped persons. 3.3.3.3 In all situations, the Developer shall be entitled to receive compensation for the assignment of Limited Common Element Parking Spaces, and no Unit Owner, the Association or any other party shall be entitled to claim any portion of any such compensation. 3.3.3.4 The assignment of a Limited Common Element Parking Space shall be by an unrecorded written instrument given to the purchaser at closing, and all such Parking Space assignments shall be recorded in a log kept by the Association. 3.3.3.5 Except with regard to Developer's reserved right to make such Parking Space assignments, the Association shall have the power (a) to assign Parking Spaces which are left unassigned but only after Developer no longer owns any Units or has voluntarily relinquished such reserved right in whole or in part, and (b) to reassign Limited Common Element Parking Spaces upon the request of the Unit Owner wishing to transfer such assignment and the Unit Owner wishing to be transferred such assignment, in accordance with the provisions hereof. 3.3.3.6 No transfer of a Parking Space assignment may result in a Unit being left without at least 1 Parking Space assigned as a Limited Common Element. 15978050.3 - 8 - PINELLAS COUNTY FL OFF. REC. BK 16821 PG 1226 3.3.3.7 A Unit Owner shall not be permitted to lease or otherwise permit the use of a Parking Space by a non-resident of the Condominium. 3.3.4 Specific Provisions Pertaining to limited Common Element Boot Slios. 3.3.4.1 As described in Section 3.3.1.3 hereof, the Developer, in its sole discretion, shall assign one Boat Slip to a Unit as a limited Common Element appurtenant to such Unit (which shall pass with title to the Unit). 3.3.4.2 Assignment of Limited Common Element Boat Slips will initially be assigned by the Developer by an unrecorded written instrument given to the purchaser at closing. Thereafter, in the event that 2 or more Unit Owners wish to exchange limited Common Element Boat Slips, they may do so by surrendering their assignment instruments to the Association, which shall re-issue assignment instruments reflecting the exchange; provided, however, that each Unit shall at all times have not less than 1 Boot Slip. Assignments can only be changed with the written consent of the holder; provided, however, the Association shall have the absolute right to make assignments or reassignments of Boat Slips to accommodate the needs of handicapped persons. 3.3.4.3 In all situations, the Developer shall be entitled to receive compensation for the assignment of Limited Common Element Boat Slips, and no Unit Owner, the Association or any other party shall be entitled to claim any portion of any such compensation. 3.3.4.4 The assignment of a limited Common Element Boat Slip shall be by an unrecorded written instrument given to the purchaser at closing, and all such Boat Slip assignments shall be recorded in a log kept by the Association. 3.3.4.5 Except with regard to Developer's reserved right to make such Boat Slip assignments, the Association shall have the power (a) to assign Boat Slips which are left unassigned but only after Developer no longer owns any Units or has voluntarily relinquished such reserved right in whole or in part, and (b) to reassign Limited Common Element Boat Slips upon the request of the Unit Owner wishing to transfer such assignment and the Unit Owner wishing to be transferred such assignment, in accordance with the provisions hereof. 3.3.4.6 A Boat Slip shall constitute a limited Common Element appurtenant to a Unit, subject to severance as contemplated herein. 3.3.4.7 A Unit Owner shall not be permitted to lease or otherwise permit the use of a Boot Slip by a non-resident of the Condominium. 3.3.4.8 Notwithstanding any provision herein to the contrary, a "Y99911 Owner" (defined herein to mean the owner of a vessel, which may or may not necessarily be a Unit Owner) shall be liable for all damages to a Boat Slip or Vessel of another Vessel Owner or to the Condominium Property where the cause of such damage is (a) the failure of such Vessel Owner to secure the Vessel within the Boot Slip or upon the Boat lift, or (b) the result of a Vessel Owner failing to operate or maneuver (or, if required by the Association, remove) a Vessel within the Condominium Properly. For purposes of this subsection, the term "Vessel Owner" shall be deemed to include any and all family members, guests, tenants, invitees, lessees and licensees of the owner of the Vessel. 3.4 Easements- In addition to any easements previously recorded in the public records of the County, or easements created under the Act or other sections of this Declaration, the following easements are hereby created or reserved: 15978050.3 -9 PINELLAS COUNTY FL OFF. REC. BK 16821 PG 1227 3.4.1 There shall be on easement of support in every portion of a Unit which contributes to the support of any other Unit or Common Element or limited Common Element. 3.4.2 Easements are hereby created over, under, across, and through Units for conduits, ducts, plumbing, wiring and other facilities for the furnishing of utility and other services to the Units and the Common Elements; provided, however, that such easements do not interfere with the reasonable use of the Units for residential purposes as contemplated herein. Such easements created under this subsection are hereby granted to the Association with the power of assignment. 3.4.3 Easements ore hereby reserved unto the Developer and to the respective utility providers under, through, across and over the Condominium Property as may be required from time to time for the construction, use, maintenance and operation of all utilities (whether public or private), cable television systems, communications and security systems, and other services which may serve the Condominium, with the power to relocate any such existing easements in any portion of the Condominium Property and/or the Association Property; provided, however, that such easements do not interfere with the reasonable use of the Units for residential purposes as contemplated herein. Such easements created under this subsection are hereby granted to the Association with the power of assignment. 3.4.4 An easement is reserved unto the Developer and granted to the City and the County and their respective agencies and other applicable governmental agencies over, across and through the Common Elements for the purpose of providing drainage and for the installation, operation, use and maintenance of drainage facilities; provided, however, that the Association shall be responsible for the continuous maintenance of the easements and rights-of-way of the drainage system located on the Condominium Property. This obligation shall run with the land as do other provisions of the Declaration, and any Unit Owner may enforce this covenant and will be entitled to costs and fees, pursuant to Section 20.3 of the Declaration, which result from such enforcement. 3.4.5 If: (a) any portion of the Common Elements encroaches upon any Unit; (b) any Unit encroaches upon any other Unit or upon any portion of the Common Elements; or (c) any encroachment shall hereafter occur as a result of (i) construction of the improvements; (ii) settling or shifting of the improvements; (iii) any alteration or repair to the Common Elements mode by or with the consent of the Association or Developer, as appropriate, or (iv) any repair or restoration of the improvements (or any portion thereof) or any Unit after damage by fire or other casualty or any taking by condemnation or eminent domain proceedings of all or any portion of any Unit or the Common Elements; then, in any such event, a valid easement shall exist for such encroachment and for the maintenance of the some so long as the improvements shall stand. 3.4.6 An easement in favor of each Unit Owner and resident shall exist for pedestrian traffic over, through and across sidewalks, streets, paths, walks, and other portions of the Common Elements as from time to time may be intended and designated for such purpose and use and for vehicular and pedestrian traffic over, through and across such portions of the Common Elements as from time to time may be paved and intended for such purposes. None of the easements specified in this subsection shall be encumbered by any leasehold or lien other than those on the Condominium Parcels. Any such lien encumbering such easements (other than those on Condominium Parcels) automatically shall be subordinate to the rights of Unit Owners and the Association with respect to such easements. 3.4.7 Each Boat Unit Owner and the Boat Unit Owner's Family, Guests, employees, invitees, lessees and licensees shall have the right to proceed over, across and through the waters of the Property for the purpose of ingress and egress of the Boat Unit Owner's Vessel to and from the Boat Unit Owner's Boat Unit and the adjacent waters. This easement shall include the right to proceed over, across and through the waters within another Boat Unit Owner's Boat Unit in order to facilitate docking and navigation within the Property; provided, however, that no Boat Unit Owner shall be required to remove or 15978050.3 -10- PINELLAS COUNTY FL OFF. REC. BK 16821 PG 1228 move the Boat Unit Owner's Vessel from the Boat Unit Owner's Boat Unit in order to facilitate the use of this easement by another Boat Unit Owner. 3.4.8 An easement in favor of each Unit Owner and resident shall exist for ingress and egress of Vessels over, across and through those portions of the Condominium Property constituting submerged lands, provided that such easement shall not permit a Vessel to encroach or otherwise impede the use of all Boat Slips other than the Boat Slip pertaining to the Vessel. 3.4.9 The Association shall have a perpetual, non-exclusive easement over, across and through the area of each Boat Slip during reasonable hours, when necessary, to maintain, repair or replace any elements providing such services and to replace those items and areas, as detailed in Section 7.1 herein or as otherwise contemplated herein, for which the Association is responsible, and to remove any improvements and Vessels interfering with such facilities or easements herein reserved. 3.4. 10 The Developer shall have the right, in its sole discretion from time to time, to enter the Condominium Property and to take all other action necessary or convenient for the purpose of completing the construction thereof, or any part thereof, or any improvements or Units located or to be located thereon, and for repair, replacement and maintenance purposes or where the Developer, in its sole discretion, determines that it is required or desires to do so; provided, however, that such easements do not interfere with the reasonable use of the Units for residential purposes as contemplated herein. 3.4.1 1 A Unit Owner shall have a perpetual, exclusive easement pertaining to light and electrical supplies serving any balconies, patios, and lonois, if any, associated with a specific Unit. 3.4.12 For as long as there are any unsold Units, the Developer shall have the right to use any such Units and parts of the Common Elements for model apartments and sales, management and construction offices, to show model Units and the Common Elements to prospective purchasers and tenants of Units and to erect on the Condominium Property signs and other promotional material to advertise Units for sale or lease. In addition, on easement is hereby granted to any Management Firm to utilize any office space within the Condominium Property in order to perform the services required of it pursuant to any Management Agreement; provided, however, that such usage shall not interfere with the reserved and easement rights of the Developer as otherwise provided in the Declaration. An easement is hereby granted to any Management Firm to use unassigned Parking Spaces for purposes associated with the management and operation of the Condominium Property. 3.A. 13 If not previously existing, any other easements described or shown on the Condominium Plat are hereby created. 3.4.14 Until such time as the Developer completes and sells all of the Units in the Condominium, the Developer reserves the right to prohibit access to any portion of the Common Elements or uncompleted Units to any of the occupants of the Condominium, and to utilize various portions of the Common Elements or the Units in connection with such construction and development. No Unit Owner or such Owner's guests or invitees shall in any way interfere or hamper the Developer, its employees, successors or assigns, in connection with such construction. Thereafter, during such time as the Developer, its successors or assigns, own any Units and is carrying on any business in connection therewith, including the selling, renting or leasing of such Units, the Unit Owners, their guests and invitees shall in no way interfere with such activities or prevent access to such Units by the Developer, its employees or its successors or assigns. A Unit Owner shall do nothing within or outside his Unit that interferes with or impairs, or may interfere with or impair, the provision of services contemplated or the use of the easements created under this Section. The Association has the irrevocable right of access to each Unit during reasonable hours, when necessary, to maintain, repair or replace those items and areas, as detailed in Section 7 herein or as 15978050.3 PINELLAS COUNTY FL OFF. REC. BK 16821 PG 1229 otherwise contemplated herein, for which the Association is responsible, and to remove any improvements interfering with or impairing such facilities or easements herein reserved, pursuant to the Declaration or as necessary to prevent damage to the Common Elements or to a Unit or Units. Wherever in this Section or elsewhere in this Declaration an easement is granted or reserved to any party, such easement shall also benefit such party's successors, designees, grantees, assigns, agents, employees, licensees, invitees and guests, and all easements referred to herein shall be nonexclusive easements unless otherwise stated. 3.5 Special Easements Rights to Grant Easements and Reserved Rights. 3.5.1 Developer hereby reserves unto itself and its successors and its assigns, and grants to the Association with the power to assign, non-exclusive easements over, under and through the Condominium Property for the construction, maintenance and operation of electric, gas or other utility, cable television, security systems, communications service or other easements pertaining to the construction, maintenance and operation of other equipment, conduits, pipes, lines and similar installations servicing the Condominium Property or other property with the power to relocate any such existing easements in any portion of the Condominium Property and/or Association Property; provided, however, that such easements do not interfere with the reasonable use of the Units for residential purposes as contemplated herein. 3.5.2 Developer hereby reserves unto itself and its successors and its assigns, and grants to the Association with the power to assign, nonexclusive easements over, under, upon and through the Condominium Property for the purposes of access to, constructing or maintaining improvements upon, providing utility services to or across, or providing drainage to or from the Condominium Property, any other property which may become part of the Condominium Property pursuant to this Declaration, or any other property adjacent to the Condominium Property; provided, however, that such easements do not interfere with the reasonable use of the Units for residential purposes as contemplated herein. 3.5.3 Developer hereby reserves unto itself and its successors and its assigns non- exclusive easements over, upon, and through the Condominium Property for vehicular and/or pedestrian traffic by the Developer, its designees, successors, assigns, licensees, lessees, invitees, and guests within the Condominium Property; provided, however, that such easements do not interfere with the reasonable use of the Units for residential purposes as contemplated herein. 3.5.4 Developer hereby reserves unto itself, with the power to assign, a perpetual, exclusive easement upon the roof structure and surface of the Building to permit the installation, maintenance, repair, replacement and/or reconstruction of communications facilities, equipment, towers, switching or relay stations and accompanying or related lines, pipes and facilities (pertaining to, but not necessarily limited to, telephone, television, internet or cellular communications systems) as may be constructed and installed by Developer or a third party having entered into a contractual agreement with Developer for the provisions of such services. In such regard, Developer further reserves unto itself, with the power to assign, a perpetual, non-exclusive easement over, across, under and through the Condominium Property to permit the installation, construction, maintenance, repair, replacement and/or reconstruction of all lines, pipes, facilities and equipment as may be necessary to provide the services contemplated under this subsection (provided, however, that such easements do not interfere with the reasonable use of the Units for residential purposes as contemplated herein). There shall be permitted to be constructed on the roof surface a deck for use of the Unit Owners, provided that (a) the use of such decking shall in no manner interfere, directly or indirectly, with the easements reserved hereunder to Developer, and (b) Developer shall be permitted to modify the location and size of such decking if and to the extent necessary to enable the proper exercise of Developer's reserved rights under this subsection (the costs of modification of any such decking shall be borne by Developer). 15978050.5 - 12- PINZLLAS COUNTY FL OFF. REC. BK 16821 PG 1230 3.6 Incidental Damage. Any damage to any Unit caused by, or as a result of, the carrying out of the maintenance responsibilities of the Association or another Unit Owner, or the negligence thereof, shall be repaired promptly by the Association as a Common Expense, or the Unit Owner, as the case may be. Any damage to any part of the Common Elements caused by or the result of any intentional act of a Unit Owner, the Unit Owner's family, agents, contractors, invitees, licensees or tenants, or by such Unit Owner in carrying out his maintenance responsibilities, if any, shall be repaired promptly at the expense of such Unit Owner. Section 4: Restraint upon Separation and Partition of Common Elements The undivided share in the Common Elements and Common Surplus which is appurtenant to a Unit, and the exclusive right to use all appropriate appurtenant limited Common Elements, shall not be separated from such Unit and shall pass with the title to the Unit, whether or not separately described. The appurtenant shore in the Common Elements and Common Surplus, and the exclusive right to use all Limited Common Elements appurtenant to a Unit, cannot be conveyed or encumbered, except together with such Unit. The respective shares in the Common Elements appurtenant to Units shall remain undivided, and no action for partition of the Common Elements, the Condominium Property, or any port thereof, shall lie, except as provided herein with respect to termination of the Condominium. Section 5: Ctwnership of gommon Elements and Common Surplus and Share of Common Expenses; Voting Rights 5.1 Ownership Shares. The undivided share in the Common Elements and Common Surplus appurtenant to each Unit, as well as the undivided share of the Common Expenses to be paid with respect to each Unit, shall be computed on the following basis: 5. 1.1 The allocation of percentage shores in the Common Elements and Common Surplus, and the percentage share of the Common Expenses, appurtenant to each Unit is set forth in Exhibit No. 5 attached hereto and made a part hereof by this reference. The allocation of percentage shores has been established by the Developer in the following monner: 5.1.1.1 The approximate area of each Unit has been measured in square feet based upon the interior surface of the walls bounding the Unit, but excluding balconies, terraces, patios and porches. Such area for each such Unit is hereafter referred to as its "Unit Area." 5.1.1.2 The total of the Unit Area of all Units has been computed and is hereinafter referred to as the "Total Unit Area." 5.1.1.3 The Total Unit Area has been divided into the Unit Area of each Unit to determine the allocation of percentage shores for each Unit as set forth on Exhibit No. 5 to this Declaration. 5.1.2 The foregoing methods of calculation were undertaken in order to establish a fair and equitable method of allocating sales values and assessment percentages to Units within the Condominium and every purchaser of a Unit, whether from the Developer or otherwise, hereby agrees to be bound by such calculations and hereby irrevocably waives the right to assert that the formula used or the measurements made were unfair, inequitable, or otherwise in error. 5.2 tin . Each Unit Owner shall be a member of the Association. A Penthouse Unit shall be entitled to 2 votes to be cost by its Owner in accordance with the provisions of the By-Laws and the Articles of Incorporation. A Standard Unit shall be entitled to 1 vote to be cast by its Owner in accordance with the provisions of the By-Laws and the Articles of Incorporation. Membership in the Association shall automatically terminate upon the termination of ownership of a Condominium Parcel, and the subsequent Owner(s) taking title shall automatically become entitled to membership. 15978050.3 - 13 PINELLAS COUNTY FL OFF. REC. BK 16821 PG 1231 Section 6: Amendments 6.1 Amendment by Unit Owners. Except as otherwise provided in Section 6 hereinbelow or elsewhere in this Declaration or the exhibits attached hereto, this Declaration (including the Condominium Plat) may be amended by affirmative vote of the Owners of at least 75% of the total Voting Interests, such votes to be cost at on Association meeting duly called for such purpose pursuant to the By-laws and at which a quorum is present; provided, however, that (a) no amendment to this Declaration shall be made which affects any of the rights and privileges provided to the Developer as defined herein without the written consent of such Developer, and (b) no amendment may change the configuration or size of a Unit without the written consent of the affected Unit Owner(s) and the lienholder(s) on such affected Unit(s). All amendments under this Section 6.1 shall be recorded and certified as required by the Act. 6.2 Amendment by Developer. 6.2.1 Amendment to Condominium Plans and Decloration. The Developer reserves the right to make whatever changes it may deem necessary in the Condominium Plat and this Declaration until such time as the Developer transfers control of the Association to the non-Developer Unit Owners in accordance with the applicable provisions of the Act. The amendment reflecting such changes need only be executed by the Developer; provided, however, that no such amendment unilaterally approved by the Developer shall change the configuration or size of any Unit in any material fashion, materially alter or modify the appurtenances to the Unit, or change the proportion or percentage by which the Unit Owner shares the Common Expenses and owns the Common Surplus, unless such amendment is also approved by at least a majority of the total Voting Interests. 6.2.2 Special Amendment. Developer reserves the right and power to record a special amendment ("Special Amendment") to this Declaration at any time and from time to time which amends the Declaration and any provision therein (a) to comply with requirements of the FNMA, FHLMC, the Government National Mortgage Association, the Department of Housing and Urban Development, the Federal Housing Administration, the Veteran's Administration, or any other governmental agency or any other public, quasi-public or private entity which performs (or may in the future perform) functions similar to those currently performed by such entities; (b) to induce any of such agencies or entities to make, purchase, sell, insure, guarantee or otherwise deal with first mortgages covering Units; and (c) to bring this Declaration into compliance with applicable laws, ordinances or governmental regulations. In furtherance of the foregoing, a power coupled with an interest is hereby reserved and granted to the Developer to make or consent to a Special Amendment on behalf of each Unit Owner and the Association. Each deed, mortgage, trust deed, other evidence of obligation, or other instrument affecting a Unit and the acceptance thereof shall be deemed to be o grant and acknowledgement of, and a consent to the reservation of, the power of the Developer to make, execute and record Special Amendments. The right and power to make Special Amendments hereunder shall terminate on the earlier of (x) December 31, 2015, or (y) the date that Developer no longer owns any Units in the Condominium. 6.2.3 Scrivener's Amendment. This Declaration and all exhibits hereto, where applicable, may be amended unilaterally by the Developer for the purposes set forth pursuant to Section 718.1 10(5), Florida Statutes, to correct scrivener's errors. 6.3 Amendment Pertaining to Stormwater Management System. Notwithstanding any provisions to the contrary contained in this Section 6, any amendment which will affect the stormwater management system, including the management portion of the Common Elements, serving the Condominium must have the prior written approval of the applicoble water management district in order to be effective and binding. 6.4 Execution and Recording. An amendment, other than amendments made by the Developer alone pursuant ?o the Act or this Declaration, shall be evidenced by o certificate of the Association which 15978050.3 - 14 - PINELLAS COUNTY FL OFF. REC. BK 16821 PG 1232 shall include recording data identifying the Declaration and shall be executed with the some formalities required for the execution of a deed. Amendments by the Developer must be evidenced by a similar certificate executed by the Developer alone. An amendment of the Declaration is effective when the applicable certificate is properly recorded in the public records of the County. 6.5 Limitation. No amendment may be adopted which would eliminate, modify, prejudice, abridge or otherwise adversely affect any rights, benefits, privileges or priorities granted or reserved to the Developer without the consent of said Developer in each instance. The provisions of this paragraph may not be amended in any manner. 6.6 Procedure. No provision of this Declaration shall be revised or amended by reference to its title or number only. Proposals to amend existing provisions of this Declaration shall contain the full text of the provision to be amended, new words shall be inserted in the text underlined, and words to be deleted shall be lined through with hyphens. However, if the proposed change is so extensive that this procedure would hinder, rather than assist, the understanding of the proposed amendment, it is not necessary to use underlining and hyphens as indicators of words added or deleted, but, rather, a notation must be inserted immediately preceding the proposed amendment in substantially the following language: "Substantial rewording of Declaration. See provision for present text." Nonmaterial errors or omissions in the amendment process shall not invalidate an otherwise properly promulgated amendment. Section 7: Maintenance and Repairs 7.1 Common Elements. Except as otherwise provided in this Declaration, the Association shall manage, maintain, repair and replace, all of the Common Elements as defined herein, including, but not limited to, the following: 7.1.1 electrical wiring up to the circuit breaker panel within or serving each Unit; 7.1.2 water pipes up to the individual Unit; 7.1.3 cable television lines up to the wall outlets in the Unit; 7.1.4 air-conditioning condensation drain lines, up to the point where they enter the Unit; 7.1.5 sewer lines, up to the point where they enter the Unit; 7.1.6 all installations, fixtures and equipment located within one Unit, or located outside the Unit, for the furnishing of utilities to more than one Unit or the Common Elements; 7.1.7 the exterior surface of the main entrance door to the Unit; 7.1.8 all exterior Building walls, including painting, waterproofing, and caulking; 7.1.9 all portions of the Building, except as otherwise provided herein to the contrary; 7.1.10 all landscaping, lawn and grass areas and sprinkler systems within the Condominium Property; 7.1.11 any and all gates, walls, stairways, elevators and fencing located on the Condominium Property; Property; 7.1.12 all access control structures and features, if any, as located on the Condominium 15978050.3 - 15- PINELLAS COUNTY FL OF'F. REC. BK 161321 PG 1233 Elements; 7.1.13 any parking areas and all trash receptacle areas located within the Common 7.1.14 all dock structures, lines, pipes and equipment, except for Boat Lifts (which are maintained by the Unit Owner pursuant to the applicable provisions hereof); 7.1.15 all seawalls within or pertaining to the Condominium Property; 7.1.16 all recreation areas and amenities serving the Units; and 7.1.17 any and all limited access systems which serve more than one Unit. All incidental damage caused to a Unit or a Limited Common Element by work performed or ordered to be performed by the Association shall be promptly repaired by and at the, expense of the Association, which shall restore the Unit or the Limited Common Element as nearly as practical to its condition before the damage, and the cost shall be a Common Expense, except the Association shall not be responsible for the damage to any alteration or addition to the Common Elements made by a Unit Owner or his predecessor in title or for damage to paint, wallpaper, paneling, flooring or carpet which, of necessity, must be cut or removed to gain access to work areas located behind them. The Association shall not perform such maintenance required of a Unit Owner pursuant to Section 3.3 herein or as otherwise contemplated herein. The costs of such maintenance activities shall be Common Expenses for which Assessments shall be levied in accordance with Sections 13 and 14 hereof. 7.2 ni . The responsibility for maintenance, repair and replacement within the Units shall be shared by the Association and the Unit Owners as follows: 7.2.1 By the Association. The Association shall be responsible for maintaining, repairing and replacing (a) all walls serving as the exterior boundaries of the Unit, as such walls ore contained within the physical boundaries of a Unit as provided in Section 3.2 herein; provided, however, that the Association shall not be responsible for maintaining that portion of the dwelling bounded by the unfinished surfaces of the perimeter walls, floors and ceilings (hereinafter referred to as "Interior oce"); (b) all load- bearing walls contained with the Interior Space except for the finished surfaces thereof; and (c) all piping, lines and equipment which are contained within a Unit's boundaries but which serve other Units. The costs of the foregoing maintenance shall constitute Common Expenses. 7.2.2 By the Unit Owner. Each Owner of a Unit shall maintain, repair and replace everything within the confines of or deemed to be a part of the Owner's Unit, including the permitted improvements, which is not to be maintained by the Association pursuant to Section 7.2.1 hereof, including, but not limited to: 7.2.2.1 All exterior doors, windows and screens of any Unit; provided, however, that the painting of the exterior doors shall be a Common Expense, which surfaces shall be maintained in such manner as to preserve a uniform appearance in the Condominium; floors and ceilings; 7.2.2.2 Paint finish, covering, wallpaper and decoration of all interior walls, 7.2.2.3 All built-in shelves, cabinets, counters, storage areas and closets; 7.2.2.4 Any and all appliances and mechanical, ventilating, heating and air conditioning equipment contained within and serving the Unit; 7.2.2.5 All bathroom fixtures, equipment and apparatuses; 15978050.3 - 16 - PINELLAS COUNTY FL OFF. REC. BK 16821 PG 1234 7.2.2.6 All electrical, plumbing, telephone and television fixtures, apparatuses, equipment, outlets, switches, wires, pipes and conduits above the concrete slab serving only the respective Unit, and all electric lines between the Unit and its individual service panel or meter; dividers; respective Unit; and 7.2.2.7 All interior doors, non-lood-bearing walls, partitions, and room 7.2.2.8 All furniture, furnishings and personal property contained within the 7.2.2.9 All other maintenance or repair of or replacements involving o Unit as contemplated and authorized hereunder. 7.3 Approvals or Modifications Notwithstanding the provisions of Section 7.1 and 7.2 herein, all modifications to the exterior of a Unit must be approved in writing by the Board, or a committee designated by the Board and headed by an officer of the Association, prior to commencement of such work so as to maintain the character and to preserve the aesthetic and architectural qualities of the Condominium. Such activity is further governed by the Rules and Regulations and the applicable provisions of this Declaration. Section 8: Additions Alterations or Improvements by Cho Association Whenever, in the judgment of the Board of Directors, the Common Elements, or any part thereof, shall require capital additions, alterations or improvements (as distinguished from maintenance, repairs and replacements) costing in excess of $20,000.00 in the aggregate in any calendar year, the Association may proceed with such additions, alterations or improvements only if the making of such additions, alterations or improvements shall have been approved by a majority of the total Voting Interests. Any such additions, alterations or improvements to such Common Elements, or any part thereof, costing in the aggregate $20,000.00 or less in a calendar year may be made by the Board of Directors without approval of the Association membership. The cost and expense of any such additions, alterations or improvements to such Common Elements shall be as a "Capital Improvement Assessment" of the Unit Owners as provided in Section 13.2 hereof. For purposes of this Section, "aggregate in any calendar year" shall include the total debt incurred in that year, if such debt is incurred to perform the above-stated purposes, regardless of whether the repayment of any part of that debt is made beyond that year. Section 9: Additions Alterations or Improvements by Unit Owner 9.1 To the Common Elements. After the completion of the improvements included in the Common Elements which are set forth in this Declaration, or which are contemplated by the Developer in the completion of the development as set forth herein, there shall be no alterations or additions to Common Elements or to the Limited Common Elements of this Condominium (other than those contemplated under Section 3.3 herein), except as otherwise contemplated under this Declaration or as otherwise authorized by the Board of Directors and approved by not less than 75% of the total Voting Interests; provided, however, that no alterations or additions may be mode involuntarily to the Limited Common Elements of any particular Unit if such alteration or addition will adversely affect or prejudice the rights of such Unit Owner unless such Unit Owner's consent first has been obtained. The cost of the foregoing shall be assessed as Common Expenses unless otherwise provided herein. 9.2 To the Units. Except as otherwise reserved by the Developer or otherwise provided herein, no Unit Owner shall make any alteration or improvement to such Owner's Unit except in accordance with this Section 9.2_ The Owner of a Unit may make alterations and improvements to a Unit so long as such alterations or improvements are not visible from the outside of the Unit, do not impair the structural integrity of the Buildings, do not otherwise violate the terms of this Declaration, and are in compliance with all applicable building codes and laws. The Owner of a Unit may not expand, enlarge or relocate the 15978050.3 - 17 - PINELLAS COUNTY FL OFF. REC. BK 16821 PG 1235 boundaries of such Owner's Unit. Other alterations or improvements to a Unit which are not discussed in this Declaration may be made only if prior approval in writing is obtained from the Board or a committee designated by the Board in accordance with the 8y-Laws. 9.3 Indemnification by Unit Owner. A Unit Owner making or causing to be made any additions, alterations or improvements to the Unit or the Limited Common Elements as contemplated herein agrees, and shall be deemed to have agreed, for such Owner, and such Owner's heirs, personal representatives, successors and assigns, as appropriate, to hold the Association and all other Unit Owners harmless from and to indemnify them for any liability or damage to the Condominium Property and expenses arising therefrom, and shall be solely responsible for the maintenance, repair and insurance thereof from and after that date of installation or construction thereof as may be required by the Association. Section 10: Additions, Alterations or Improvements by Developer The foregoing restrictions of Sections 8 and 9 shall not apply to Developer-owned Units. The Developer shall have the additional right, without the consent or approval of the Board of Directors or other Unit Owners, to make alterations, additions or improvements, structural and non-structural, interior and exterior, ordinary and extraordinary, in, to and upon any Unit owned by it, to the proposed or already constructed Unit located or to be located thereon and Limited Common Elements appurtenant thereto. Such Unit shall include, without limitation: (i) the removal of walls, floors, ceilings and other structural portions of the Unit; (ii) changes to the layout or number of rooms in any Developer-owned Units; and (iii) changes to the size and/or number of Developer-owned Units by combining separate Developer-owned Units or otherwise. Any amendments to this Declaration or the Condominium Plat required by actions taken pursuant to this Section 10 may be effected by the Developer alone without the consent of any other person; provided, however, if any such amendment shall change the configuration or size of any Unit in any material fashion, materially alter or modify the appurtenances to the Unit, or change the proportion or percentage by which the Unit Owner shares the Common Expenses and owns the Common Surplus, the execution of the amendment to the Declaration effecting such change must be joined in by the record Owners of the Unit, all record owners of liens on the affected Unit, and at least a majority of the total Voting Interests. Without limiting the generality of Section 6.5 hereof, the provisions of this Section may not be added to, amended or deleted unless by, or with the prior written consent of, the Developer. Section 11: Operation of the Condominium by the Association, Powers and Duties 11.1 Powers and Duties. The Association shall be the entity responsible for the operation of the Condominium. The powers and duties of the Association shall include those set forth in the By-Laws and Articles of Incorporation as amended from time to time. In addition, the Association shall have all the powers and duties set forth in the Act, as well as all powers and duties granted to or imposed upon it by this Declaration, including, without limitation: 1 1.1.1 The irrevocable right to have access to any portion of each Unit and its Limited Common Elements from time to time during reasonable hours as may be necessary for the maintenance, repair or replacement of such portions thereof as required by this Declaration or the Act, for performing extermination services, or at any time and by force, if necessary, for making emergency repairs therein necessary to prevent damage to the Common Elements or to any other Unit or Units. 1 1.1.2 The power to make and collect Assessments and other related expenses authorized under the Act against Unit Owners, to lease, maintain, repair and replace the Common Elements, and to grant, modify or cancel easements pertaining to the Common Elements. ) 5978050.3 . Is- PINELLAS COUNTY FL OFF. REC. BK 16821 PG 1236 1 1.1.3 The duty to maintain accounting records, according to good accounting practices, which shall be open to inspection by Unit Owners or their authorized representatives at reasonable times upon prior request. 11.1.4 The power to enter into a Management Agreement (thereby employing a Management Firm, which may be an affiliate of the Developer) to assist the Association in carrying out its powers and duties by performing such functions as the submission of proposals, collection of Assessments, preparation of records, enforcement of the Rules and Regulations, and perform the maintenance, repair and replacement required of the Association with such funds as shall be made available by the Association for such purposes. The Association shall also have the power to join with other condominium associations and entities in contracting for the maintenance and repair of the Condominium Property and other condominium properties and other type properties, and may contract for or may join with other condominium associations in contracting for the management of such properties, as may be more specifically provided for by the Articles of Incorporation and By-Laws. H. 1.5 The power to borrow money, execute promissory notes and other evidences of indebtedness and to give as security therefor mortgages and security interests in property owned by the Association, if any. Such actions must be approved by a majority of the entire Board of Directors and the Owners of all the Units or by such greater percentage of the Board or Unit Owners as may be specified in the By-laws with respect to certain borrowing, and no such action shall be permitted while the Developer owns any Unit without the prior written consent of the Developer. 11. 1.6 The power to adopt and amend the Rules and Regulations concerning the details of the operation and use of the Condominium Property. 11. 1.7 The power to acquire, lease, mortgage, and convey real and personal property and to grant, modify and cancel easements regarding such property, provided that such action may be done only upon the approval of a majority of the Board of Directors. The requirements of Section 8 pertaining to the Unit Owners' approval of costs in excess of the threshold amount stated therein (including the proviso as to the debt incurred) shall also apply to this acquisition and dealing with Associotionowned property; provided, however, that the acquisition of a Unit as a result of a foreclosure of the lien for Assessments shall be exempt from these requirements. 11. The power to acquire or enter into agreements acquiring leaseholds, memberships or other possessory or use interests in lands or facilities for recreational purposes as long as such arrangements are also approved at least a majority of the total Voting Interests. 11.1.9 All of the powers which a corporation not-for-profit in the State of Florida may exercise pursuant to this Declaration, the Articles of Incorporation and By-Laws, Chapter 617, Florida Statutes and the Act, in all cases except as expressly limited or restricted in the Act or the documents of the Condominium. 11.2 nfli t. In the event of conflict among the powers and duties of the Association or the terms and provisions of this Declaration or the exhibits attached hereto, this Declaration shall take precedence over the Articles of Incorporation, By-laws and applicable Rules and Regulations; the Articles of Incorporation shall take precedence over the By-lows and applicable Rules and Regulations; and the By-Lows shall take precedence over applicable Rules and Regulations, all as amended from time to time. Notwithstanding anything in this Declaration or its exhibits to the contrary, the Association shall at all times be the entity having ultimate authority over the Condominium, consistent with the Act_ 11.3 limitation of Liability of Association. Notwithstanding the duty of the Association to maintain and repair parts of the Condominium Property, the Association shall not be liable to Unit Owners for injury or damage, other than for the cost of maintenance and repair, caused by any latent condition of 15978050.3 - 19 - PINELLAS COUNTY FL OFF. REC. BK 16821 PG 1237 the Condominium Property. Further, the Association shall not be liable for any such injury or damage caused by defects in design or workmanship or any other reason connected with any additions, alterations or improvements done by or on behalf of any Unit Owners, regardless of whether or not some shall have been approved by the Association pursuant to the provisions hereof. NOTWITHSTANDING ANYTHING CONTAINED HEREIN OR IN THE ARTICLES OF INCORPORATION, BY-LAWS, ANY RULES OR REGULATIONS OF THE ASSOCIATION OR ANY OTHER DOCUMENT GOVERNING OR BINDING THE ASSOCIATION (COLLECTIVELY, THE "ASSOCIATION DOCUMENTS"), THE ASSOCIATION SHALL NOT BE LIABLE OR RESPONSIBLE FOR, OR IN ANY MANNER BE A GUARANTOR OR INSURER OF, THE HEALTH, SAFETY OR WELFARE OF ANY OWNER, OCCUPANT OR USER OF ANY PORTION OF THE CONDOMINIUM PROPERTY, INCLUDING, WITHOUT LIMITATION, RESIDENTS AND THEIR FAMILIES, GUESTS, INVITEES, AGENTS, SERVANTS, CONTRACTORS OR SUBCONTRACTORS OR FOR ANY PROPERTY OF ANY SUCH PERSONS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING: (a) IT IS THE EXPRESS INTENT OF THE ASSOCIATION DOCUMENTS THAT THE VARIOUS PROVISIONS THEREOF WHICH ARE ENFORCEABLE BY THE ASSOCIATION AND WHICH GOVERN OR REGULATE THE USES OF THE CONDOMINIUM PROPERTY HAVE BEEN WRITTEN, AND ARE TO BE INTERPRETED AND ENFORCED, FOR THE SOLE PURPOSE OF ENHANCING AND MAINTAINING THE ENJOYMENT OF THE CONDOMINIUM PROPERTY AND THE VALUE THEREOF; (b) THE ASSOCIATION IS NOT EMPOWERED, AND HAS NOT BEEN CREATED, TO ACT AS AN ENTITY WHICH ENFORCES OR ENSURES THE COMPLIANCE WITH THE LAWS OF THE UNITED STATES, STATE OF FLORIDA, CITY OF CLEARWATER, PINELLAS COUNTY AND/OR ANY OTHER JURISDICTION OR THE PREVENTION OF TORTIOUS ACTIVITIES; AND (c) ANY PROVISIONS OF THE ASSOCIATION DOCUMENTS SETTING FORTH THE USES OF ASSESSMENTS WHICH RELATE TO HEALTH, SAFETY AND/OR WELFARE SHALL BE INTERPRETED AND APPLIED ONLY AS LIMITATIONS ON THE USES OF ASSESSMENT FUNDS AND NOT AS CREATING A DUTY OF THE ASSOCIATION TO PROTECT OR FURTHER THE HEALTH, SAFETY OR WELFARE OF ANY PERSON(S), EVEN IF ASSESSMENT FUNDS ARE CHOSEN TO BE USED FOR ANY SUCH REASON. EACH UNIT OWNER (BY VIRTUE OF HIS ACCEPTANCE OF TITLE TO HIS UNIT) AND EACH OTHER PERSON HAVING AN INTEREST IN OR LIEN UPON, OR MAKING ANY USE OF, ANY PORTION OF THE CONDOMINIUM PROPERTY (BY VIRTUE OF ACCEPTING SUCH INTEREST OR LIEN OR MAKING SUCH USES) SHALL BE BOUND BY THIS PROVISION AND SHALL BE DEEMED TO HAVE AUTOMATICALLY WAIVED ANY AND ALL RIGHTS, CLAIMS, DEMANDS AND CAUSES OF ACTION AGAINST THE ASSOCIATION ARISING FROM OR CONNECTED WITH ANY MATTER FOR WHICH THE LIABILITY OF THE ASSOCIATION HAS BEEN DISCLAIMED IN THIS PROVISION. AS USED IN THIS SECTION, "ASSOCIATION" SHALL INCLUDE WITHIN ITS MEANING ALL OF THE ASSOCIATION'S DIRECTORS, OFFICERS, COMMITTEE AND BOARD MEMBERS, EMPLOYEES, AGENTS, CONTRACTORS (INCLUDING MANAGEMENT FIRMS), SUBCONTRACTORS, SUCCESSORS AND ASSIGNS. THE PROVISIONS OF THIS ARTICLE SHALL ALSO INURE TO THE BENEFIT OF THE DEVELOPER AND ITS AFFILIATES, WHICH SHALL BE FULLY PROTECTED HEREBY. 15978050.3 -20- PINELLAS COUNTY FL OFF. REC. BK 16821 PG 1238 11.4 Restraint Upon Assignment of Shares in Assets. The share of a Unit Owner in the funds and assets of the Association cannot be assigned, hypothecated or transferred in any manner except as an appurtenance to his Unit. 11.5 Approval or Disapproval of Matters. Whenever the decision of a Unit Owner is required upon any matter, whether or not the subject of on Association meeting, that decision shall be expressed by the some person who would cast the vote for that Unit if at an Association meeting, unless the joinder of all record Owners of the Unit is specifically required by this Declaration or by low. 11.6 Acts of the Association. Unless the approval or action of Unit Owners, and/or a certain specific percentage of the Board of Directors is specifically required in this Declaration, the Articles of Incorporation or the By-laws, applicable Rules and Regulations or applicable law, all approvals or actions required or permitted to be given or taken by the Association shall be given or taken by the Board of Directors, without the consent of Unit Owners, and the Board may so approve and act through the proper officers of the Association without a specific resolution. When an approval or action of the Association is permitted to be given or taken hereunder or thereunder, such action or approval may be conditioned in any manner the Association deems appropriate or the Association may refuse to take or give such action or approval without the necessity of establishing the reasonableness of such conditions or refusal. 11.7 Amendment of By-lows. No modification of or amendment to the By-Laws of said Association shall be valid unless set forth in or annexed to a duly recorded amendment to this Declaration. The By-Laws may be amended in the manner provided for therein, but no amendment of said By-laws shall be adopted which would affect or impair the validity or priority of any mortgage covering any Condominium Parcel(s), or which would change the provisions of the By-Laws with respect to institutional mortgages without the written approval of all Institutional First Mortgagees of record. No amendment shall change the rights and privileges of the Developer and the Management Firm without their respective written consent. Any amendment to the By-Laws, as provided herein, shall be executed by the parties as required in this Section 11 and in Section 6 above, and said amendment shall be recorded in the public records of the County. 11.8 Binding _Effect of Condominium Documents. Every Owner, whether having acquired ownership of a Unit by gib, conveyance or transfer by operation of law, or otherwise, shall be bound by the Articles of Incorporation, the By-laws, the provisions of this Declaration and the Management Agreement (if any). Membership in the Association shall automatically terminate upon the termination of ownership of a Condominium Parcel, and the subsequent Owner(s) taking title shall automatically become entitled to membership. 11.9 Eligibility of Directors. No person shall be entitled to serve on the Board of Directors if they have not met the eligibility requirements contained in the Act or as are provided in the By-laws. Section 12:- Professional Management of the Condominium The Association may enter into a Management Agreement for the management and maintenance of the Condominium Property. Pursuant to such Management Agreement, the Association may authorize a Management Firm to assist the Association in carrying out the Association's powers and duties by performing such functions as the submission of proposals, collection of Assessments, preparation of records, enforcement of rules and maintenance, repair and replacement of the Common Elements with funds as shall be made available by the Association for such purposes. The Association and its directors and its officers shall, however, retain at all times the powers and duties granted by the Condominium documents and the Act, including, but not limited to, the making of Assessments, promulgation of rules and execution of contracts on behalf of the Association. Each Unit Owner, such Owner's heirs, successors and assigns shall be bound by any such Management Agreement for the purposes therein expressed, and, by virtue of said party's taking title to a Condominium Parcel, said Owner hereby covenants and promises to perform each 15978050.3 - 21 - PINELLAS COUNTY FL OFF. REC. BK 16821 PG 1239 and every of the covenants, promises and undertakings to be performed by Unit Owners in the cases provided therefor in any such Management Agreement. It is specifically recognized that some or all of the persons comprising the original Board of Directors and officers of the Association are or may be stockholders, officers and directors of any entity which contracts to provide management services for the Condominium, and that such circumstance shall not and cannot be construed or considered as a breach of their duties and obligations to the Association, nor as possible grounds to invalidate any such management agreement, in whole or in part. Section 13: Determination of Assessments 13.1 Qgnerol Assessment. The Board of Directors shall from time to time, and at least annually, prepare and adopt a budget for the Condominium ("Budget"), determine the amount payable by the Unit Owners to meet the Common Expenses, and allocate and assess such expenses among the Unit Owners in accordance with the provisions of this Declaration and the By-Laws ("General Assessment"). The Board of Directors shall then advise all Unit Owners promptly in writing of the amount of the General Assessment payable by each of them. The Budget shall include the reserves required by law or determined appropriate by the Board, the costs of carrying out the powers and duties of the Association and any other expenses designated as Common Expenses by the Act, this Declaration, the Articles of Incorporation, the By-Laws or applicable Rules and Regulations. Incidental income to the Association, if any, may be used to pay regular or extraordinary Association expenses and liabilities, to fund reserve accounts, or otherwise as the Board shall determine from time to time, and need not be restricted or accumulated. Any adopted Budget shall be subject to change by the Board of Directors, and the amount of the General Assessment shall be changed in accordance with such revised Budget to cover actual expenses at any time. 13.2 S ' pecial Assessments and Capitol Improvement Assessments. In addition to General Assessments, the Board of Directors may levy "Special Assessments" and "Capital Improvement Assessments" on the following terms and conditions: 13.2.1 "Special Assessments" shall mean amounts levied against each Owner and such Owner's Unit, representing a portion of the costs incurred by the Association for specific purposes of a nonrecurring nature which are not in the nature of capital improvements. 13.2.2 "Capital Improvement Assessments" shall mean and refer to amounts levied against each Owner and his Unit, representing a portion of the costs incurred by the Association for the acquisition, installation, construction or replacement (as distinguished from maintenance, repairs and replacement) of any capital improvements located or to be located within the Common Elements. 13.2.3 Special Assessments and Capital Improvement Assessments may be levied by the Board of Directors and shall be payable in lump sums or installments, in the discretion of the Board; provided that if such Special Assessments and Capital Improvement Assessments, in the aggregate in any year, exceed $20,000.00 or cause the total Assessments levied to exceed 115% of Assessments for the proceeding calendar year, the Board must obtain approval of at least a majority of the Voting Interests pertaining to Units represented at a meeting duly called, noticed and held in accordance with the By-Laws and the Act. Section 14: Collection of Assessments The General Assessment, Limited Common Element Assessments, Special Assessments and Capital Improvement Assessments (collectively, the "Assessments") shall be collected as follows: 14.1 Liability for Assessments. A Unit Owner, regardless of how title is acquired, including by purchase at a judicial sale or by deed in lieu of foreclosure, shall be liable for all Assessments coming due 15976050.3 -22- PINELLAS COUNTY FL OFF. REC. BK 16821 PG 1240 while such person (as defined in Section 1.01(3), Florida Statutes) is the Owner of the Unit. Additionally, a Unit Owner shall be jointly and severally liable with the previous owner for all unpaid Assessments that came due up to the time of the conveyance, without prejudice to any right such Unit Owner may have to recover from the previous owner the amounts paid by such Unit Owner. The liability for Assessments may not be avoided by waiver of the use or enjoyment of any Common Elements or by the abandonment of the Unit for which the Assessments are made or otherwise. 14.2 Default in Payment of Assessments. Assessments and installments thereof not paid within 10 days from the date when they are due shall bear interest at the rate established from time to time by the Board of Directors from due date until paid (provided, however, that no such rote shall exceed the maximum allowed by law). In the event the Board has not established such rate, the interest rate shall be 15%. Each delinquent payment shall be subject to an administrative late fee in an amount not to exceed the greater of $25.00 or 5% of each delinquent installment. The Association has a lien on each Condominium Parcel for any unpaid Assessments on such Condominium Parcel, with interest thereon and for reasonable attorney's fees and costs incurred by the Association incident to the collection of the Assessment or enforcement of the lien. The lien shall be effective on the earliest date allowed by law, which shall be no later than as of the recording of the claim of lien. Such lien shall be evidenced by the recording of a claim of lien in the public records of the County, stating the description of the Condominium Parcel, the name of the record Owner, the name and address of the Association, the amount(s) due and the due dates. The claim of lien shall not be released until all sums secured by such claim of lien (or such other amount as to which the Association shall agree by way of settlement) have been fully paid or until it is barred by low. The claim of lien shall secure (whether or not stated therein) all unpaid Assessments, interest thereon, the administrative late fee (if permitted under applicable law), and costs and attorneys' fees which are due and which may accrue subsequent to the recording of the claim of lien and prior to the entry of a final judgment of foreclosure thereof. A claim of lien shall be signed and acknowledged by an officer or authorized agent of the Association. Upon payment, the person making the payment is entitled to a satisfaction of the lien in recordable form. The Association or its assignee may bring an action to foreclose a lien for unpaid Assessments in the manner a mortgage of real property is foreclosed in Florida, and may also bring an action at law to recover a money judgment for the unpaid Assessments and other amounts due without waiving any claim of lien. The Association is entitled to recover its costs and reasonable attorneys' fees incurred in either a lien foreclosure action or an action to recover a money judgment for unpaid Assessments. As an additional right and remedy of the Association, upon default in the payment of Assessments as aforesaid and after 30 days' prior written notice to the applicable Unit Owner and the recording of a claim of lien, the Association may declare the balance of General Assessment installments due for the remainder of the fiscal year and payments of other known Assessments to be accelerated and shall thereupon be immediately due and payable. In the event that the amount of such accelerated installments or payments changes, the Unit Owner or the Association, as appropriate, shall be obligated to pay or reimburse to the other the amount of increase or decrease within 10 days of same taking effect. Any payments received by the Association from a delinquent Unit Owner shall be applied first to any interest accrued as provided above, then to any administrative late fee, then to any costs and reasonable attorneys' fees incurred in collection as aforesaid and then to the delinquent and any accelerated Assessments. The foregoing application of funds received shall be applicable despite any restrictive endorsement, designation or instruction placed on or accompanying a payment. 14.3 Notice of Intention to Foreclose Lien. Unless otherwise required by the Act or other applicable law, no foreclosure judgment may be entered until at least 30 days offer the Association gives written notice to the Unit Owner of its intention to foreclose its lien to collect the unpaid Assessments. If this notice is not given at least 30 days before the foreclosure action is filed, and if the unpaid Assessments, including those coming due after the claim of lien is recorded, are paid before the entry of a final judgment of foreclosure, the Association shall not recover attorneys' fees or costs. The notice must be given by 15978050.3 -23- PINELLAS COUNTY FL OFF. REC. BK 16821 PG 1241 delivery of a copy of it to the Unit Owner or by certified or registered mail, return receipt requested, addressed to the Unit Owner at the last known address, and upon such mailing, the notice shall be deemed to have been given. If after diligent search and inquiry the Association cannot find the Unit Owner or a mailing address at which the Unit Owner will receive the notice, the court may proceed with the foreclosure action and may award attorneys' fees and costs as permitted by law. The notice requirements of this subsection ore satisfied if the Unit Owner records a Notice of Contest of lien as provided in the Act. 14.4 Appointment of Receiver to Collect Rental. If the Unit Owner remains in possession of the Unit after a foreclosure judgment has been entered, the court in its discretion may require the Unit Owner to pay a reasonable rental for the Unit. If the Unit is rented or leased during the pendency of the foreclosure action, the Association is entitled to the appointment of a receiver to collect the rent, the expenses of such receiver to be paid by the party which does not prevail in the foreclosure action. 14.5 Institutional First Mortgagee. In the event an Institutional First Mortgagee or other purchaser shall obtain title to a Unit by foreclosure, or by deed in lieu of foreclosure, such Institutional First Mortgagee or other purchaser, its successors and assigns, shall be liable for Assessments or other related expenses authorized under the Act secured by the claim of lien only to the extent provided by the Act. If, due to the applicable provisions of the Act, any unpaid share of the Assessments or other related expenses authorized under the Act are not required to be paid, then such unpaid share or other related expenses authorized under the Act shall be deemed to be a Common Expense collectible from all of the Unit Owners, including such acquirer, and such acquirer's successors and assigns. 14.6 Certificate of Unpaid Assessments. Within 15 days after request by a Unit Owner or mortgagee of a Unit, the Association shall provide a certificate stating all Assessments and other monies owed to the Association by the Unit Owner with respect to such Owner's Unit. Any person other than the Unit Owner who relies upon such certificate shall be protected thereby. 14.7 Installments. General Assessments shall be collected monthly or quarterly, in advance, as determined from time to time by the Board of Directors. Initially, General Assessments will be collected monthly. 14.8 Developer's Guarantee with Optional Activation. At the time of recording of this Declaration, the Developer has the option of either activating the below guarantee of Assessments by checking the box contained on the signature page, or leaving such box empty, in which event the Developer will pay Assessments on Developer-owned Units. If the guarantee is activated, the following provisions shall apply: Developer guarantees, pursuant to Section 718.1 16(9)((3)2., Florida Statutes, that the Assessment for Common Expenses imposed upon the Unit Owners will not increase over the following dollar amounts for the Unit types noted below, and will pay any amounts of Common Expenses incurred during the below period(s) not produced by the Assessments at the guaranteed level receivable from other Unit Owners for the applicable guarantee period. Commencing upon the date of recordation of this Declaration in the public records of the County and ending on December 31, 2010, the following is the level of guarantee of Assessments for the Units of the Condominium: Unit Number Monthly Annuoll Unit Number Monthly Annually 15978050.3 -24- PINELLAS COUNTY FL OFF. REC. BK 16821 PG 1242 303 592.09 304,403 7,10 594.06 7,128.71 301 592.42 7,10201,202,203,204 A 595.70 7,148.42 401,402 593.07 7,11302 596.36 7,156.31 404 593.40 501,502 7,12 1,215.06 14,580.73 The following is the level of guarantee of Assessments for each Unit type and Unit in the Condominium for the period commencing on January 1, 2011, and ending on December 31, 2011: Unit Number Month) Unit Number Monthly I Annual) 303 617.09 304,403 619.06 7,428.72 301 617.42 17,409.04 201,202,203,204 620.70 7,448.40 401,402 618.07 302 621.36 7,456.32 618.40 501,502 1,265.06 15,180.72 Commencing on January 1, 2012, the Developer shall have the option to extend the guarantee of Assessments, at the level set for the period commencing on January 1, 2011, and ending on December 31, 2011, for additional periods of one (1) month each. Notwithstanding any provision to the contrary, the guarantee of Assessments shall automatically terminate on the date of the meeting of Unit Owners at which transfer of control of the Association to Unit Owners other than the Developer occurs. In exchange for this guarantee, the Developer shall be excused from the payment of Assessments for all Units it owns. Section 15: Insurance Insurance covering the Condominium Property and the Association Property shall be governed by the following provisions: 15.1 Durance Trustee. The Board of Directors shall hove the option, in its sole discretion, of appointing an Insurance Trustee hereunder. If the Board of Directors fails or elects not to appoint such Insurance Trustee, the Board of Directors will perform directly all obligations imposed upon such Insurance Trustee by this Declaration. Fees and expenses of any Insurance Trustee are Common Expenses. 15.2 Purchase. Custody and Payment. 15.2.1 PurchoA . All insurance policies purchased by the Association shall be issued by an insurance company authorized to do business in Florida meeting all criteria established by the Board or the Act and any rules promulgated thereunder. 15.2.2 Named Insured. Under all insurance policies purchased by the Association, the named insured shall be the Association, individually, and as agent for Owners of Units covered by the policy, without naming them, and as agent for their mortgagees, without naming them. The Unit Owners and their mortgagees shall be deemed additional insureds. 15.2.3 Custody of Policies and Payment of Proceeds. All insurance policies purchased by the Association shall provide that payments for losses made by the insurer shall be paid to the Insurance Trustee, and such policies and endorsements thereto shall be deposited with the Insurance Trustee. 15.2.4 Copies _to Mortgagees. One copy of each insurance policy, or a certificate evidencing such policy, and all endorsements thereto, shall be furnished by the Association upon request to each Institutional First Mortgagee who holds a mortgage upon a Unit covered by the policy. Copies or 15978050.3 -25- PINELLAS COUNTY FL OFF. REC. BK 16821 PG 1243 certificates shall be furnished not less than 10 days prior to the beginning of the term of the policy, or not less than 10 days prior to the expiration of each preceding policy that is being renewed or replaced, as appropriate. 15.2.5 Exceptions from Association Res onsibili!y: Unit Owner's Personol Coverage. Except as specifically provided herein or by the Act, the Association shall not be responsible to Unit Owners to obtain insurance coverage upon any and all property lying within the boundaries of their Unit (i.e., personal property and permitted fixtures contained therein), and for their personal liability and living expense and for any other risks not otherwise insured in accordance herewith. Unit Owners may be required to purchase flood insurance for their respective Unit(s) if such insurance is required by their mortgagee(s). In the event flood insurance is required, such insurance shall not be for the lesser of 100% of the current replacement cost of the Units as contained within the Buildings, or the maximum amount of flood insurance available with regard to such property. The Association shall have no obligation to purchase flood insurance on the Units. However, the Association may obtain flood insurance on the Buildings and any other improvements constructed on the Condominium Property. The Unit Owner shall be solely responsible for insuring any and all equipment, machinery, fixtures, furniture and the like installed and/or placed upon or within the Limited Common Elements appurtenant to such Owner's Unit, including, but not necessarily limited to, air-conditioning equipment, automobiles, and any furniture or other items placed on a balcony adjacent to a Unit. The Association shall have no responsibility to, but may upon the determination of 2/3 of the total Voting Interests, obtain insurance on behalf of the applicable Unit Owners with regard to the Limited Common Elements. Unless the Association elects otherwise, the insurance purchased by the Association shall not cover claims against a Unit Owner due to accidents occurring within such Owner's Unit (except as may pertain to party walls as described hereinabove, which are to be solely maintained by the Association). It shall be the obligation of the individual Unit Owner, if such Unit Owner so desires, to purchase and pay for insurance as to all such and other risks not covered by insurance carried by the Association. 15.2.6 Coverage Responsibilities of Association. The Association shall use its best efforts to obtain and maintain adequate insurance covering the following: 15.2.6.1 Casualty. Insurance covering loss or damage to the Common Elements and all other portions of the Condominium Property which the Association is responsible to maintain under the terms of this Declaration, and all items for which the Association is required under applicable provisions of the Act to insure against loss or damage by fire and against loss or damage by risks now or hereafter embraced by standard extended coverage and vandalism and malicious mischief endorsements (collectively, the "Insured Property"). Such policies may contain reasonable deductible provisions as determined by the Board of Directors. Such coverage shall afford protection against such other risks as from time to time are customarily covered with respect to buildings and improvements similar to the Insured Property in construction, location and use, including, but not limited to, vandalism and malicious mischief. 15.2.6.2 i h . Comprehensive general public liability and automobile liability insurance covering loss or damage resulting from accidents or occurrences on or about or in connection with the Insured Property or adjoining driveways and walkways, or any work, matters or things related to the Insured Property, with such coverage as shall be required by the Board of Directors of the Association, but with combined single limit liability of not less than $1,000,000.00 per occurrence, and with a cross liability endorsement to cover liabilities of the Unit Owners as a group to any Unit Owner, and vice versa. applicable. 15.2.6.3 Worker's Compensation and other mandatory insurance, when 15978050.3 -26- PINELLAS COUNTY FL OFF. REC. BK 16821 PG 1244 15.2.6.4 Fidelity Insurance, if required by the Act or FNMA/FHLMC, covering all persons who control or disburse Association funds, such insurance to be in the amount required by law. 15.2.6.5 Association Propgdy. Appropriate additional policy provisions, policies or endorsements extending the applicable portions of the coverage described above to all Association Property, where such coverage is available. 15.2.6.6 Unit Walls. The Association shall be required to insure, for full replacement value, oil walls for which the Association has maintenance responsibility pursuant to Section 7.2.1 hereof. 15.2.6.7 Other. Such Other Insurance as the Board of Directors shall determine from time to time to be desirable. When appropriate and obtainable, each of the foregoing policies shall waive the insurer's right to: (i) subrogation against the Association, its officers, members of the Board, the Developer, any Management Firm and its respective employees and agents, and against the Unit Owners individually and as a group; (ii) to pay only a fraction of any loss in the event of coinsurance or if other insurance carriers have issued coverage upon the some risk; and (iii) avoid liability for a loss that is caused by an act of the Board of Directors, a member of the Board of Directors, any Management Firm and its respective employees and agents, one or more Unit Owners or as a result of contractual undertakings. Additionally, each policy shall provide that any insurance trust agreement will be recognized, that the insurance provided shall not be prejudiced by any act or omissions of a Management Firm or the individual Unit Owners that are not under the control of the Association, and that the policy shall be primary, even if a Unit Owner has other insurance that covers the some loss. Every casualty insurance policy obtained by the Association shall have the agreed amount and inflation guard endorsement unless the Board finds such endorsement is unobtainable or economically infeasible. 15.3 Additional Provisions. All policies of insurance shall provide that such policies may not be canceled or substantially modified without at least 30 days' prior written notice to all of the named insureds, including all mortgagees of Units. Prior to obtaining any policy of casualty insurance or any renewal thereof, the Board of Directors may wish to obtain an appraisal from a fire insurance company, or other competent appraiser, of the full insurable replacement value of the Insured Property (exclusive of foundations), without deduction for depreciation, for the purpose of determining the amount of insurance to be effected pursuant to this Section. 15.4 Premiums. Premiums upon insurance policies purchased by the Association shall be paid by the Association as a Common Expense, except that the costs of fidelity bonding for the Management Firm employees may be paid by the Management Firm pursuant to the Management Agreement. Premiums may be financed in such manner as the Board of Directors deems appropriate. 15.5 Insurance Trustee: Share of Proceeds. All insurance policies obtained by or on behalf of the Association shall be for the benefit of the Association, any Management Firm, the Unit Owners and their mortgogees, as their respective interests may appear, and shall provide that all proceeds covering losses to the Insured Property shall be paid to the Insurance Trustee, which may be designated by the Board of Directors and which, if so appointed, shall be a bank or trust company in Florida with trust powers, with its principal place of business in the State of Florida. The Insurance Trustee shall not be liable for payment of premiums, nor for the renewal or the sufficiency of policies, nor For the failure to collect any insurance proceeds. The duty of the Insurance Trustee shall be to receive such proceeds as are paid and to hold the same in trust for the purposes elsewhere stated herein, and for the benefit of the Unit Owners and their 15978050.3 -27- PINELLAS COUNTY FL OFF. REC. BK 16821 PG 1245 respective mortgagees in the following shares, but shares need not be set forth on the records of the Insurance Trustee: 15.5.1 Insured Prppe . Proceeds on account of damage to the Insured Property shall be held by the Association for each Unit Owner as tenants in common on the basis of the fair market value of each Unit, relative to the other Units in the Condominium, immediately prior to the event of casualty (such fair market value shall be determined by an MAIcertified appraiser selected by the Board of Directors in its sole discretion); provided, however, that prior to any distributions to the Unit Owners, such proceeds shall first be distributed in accordance with the provisions of Section 15.6 herein. 15.5.2 Mortaa aees. No mortgagee shall have any right to determine or participate in the determination as to whether or not any damaged property shall be reconstructed or repaired, and no mortgagee shall have any right to apply or have applied to the reduction of a mortgage debt any insurance proceeds, except for actual distributions thereof made to the Unit Owner and mortgagee pursuant to the provisions of this Declaration. 15.6 Distribution of Proceeds. Proceeds of insurance policies received by the Insurance Trustee shall be distributed to or for the benefit of the beneficial owners thereof in the following manner: 15.6.1 Expenses of the Trust. All expenses of the insurance Trustee shall be first paid or provision shall be made therefor. 15.6.2 Reconstruction or Rem. If the damaged property for which the proceeds are paid is to be repaired or reconstructed, the remaining proceeds shall be paid to defray the cost thereof as elsewhere provided herein. Any proceeds remaining after defraying such costs shall be distributed to each Unit Owner, by check made payable jointly to such Unit Owner and its respective mortgagee(s), in accordance with the provisions of Section 15.6.1 herein. 15.6.3 Failure to Reconstruct or Repgir. If it is determined in the manner elsewhere provided that the damaged property for which the proceeds are paid shall not be reconstructed or repaired, the remaining proceeds shall be allocated among the beneficial owners as provided in Section 15.6.1 herein, and distributed to each Unit Owner by check made payable jointly to such Unit Owner and its respective mortgagee(s). If there is no mortgage on the Unit, all distributions shall be made directly to the Unit Owner. 15.6.4 Certificate. In making distributions to Unit Owners and their mortgagees, the Insurance Trustee (if appointed) may rely upon a certificate of the Association made by its President and Secretary as to the names of the Unit Owners and their mortgagees and their respective shares of the distribution. 15.7 Association as Agent. The Association is hereby irrevocably appointed as agent and attorney-in-fact for each Unit Owner and for each owner of a mortgage or other lien upon a Unit and for each owner of any other interest in the Condominium Property to adjust all claims arising under insurance policies purchased by the Association and to execute and deliver releases upon the payment of claims. 15.8 Presumption as to Damaged Property. In the event of a dispute or lack of certainty as to whether damaged property constitutes a Unit(s) or Common Elements, such property shall be presumed to be Common Elements. Section 16: Reconstruction or Repair ARer Fire or Other Casualty 16.1 Determination to Reconstruct or Repair. Subject to the immediately following subsection, in the event of damage to or destruction of the Insured Property as a result of fire or other casualty, the Board 15978050.3 -28- PINELLAS COUNTY FL OFF. REC. 13K 16821 PG 1246 of Directors shall arrange for the prompt repair and restoration of the Insured Property, and the Insurance Trustee shall disburse the proceeds of all insurance policies to the contractors engaged in such repair and restoration in appropriate progress payments. If the Insurance Trustee has not been appointed, then the Board of Directors shall act as if it were the Insurance Trustee hereunder. If 75% or more of the Insured Property is substantially damaged or destroyed and if Unit Owners owning 80% of the applicable interests in the Common Elements duly and promptly resolve not to proceed with the repair or restoration thereof and a Majority of Institutional First Mortgagees approve such resolution, the Condominium Property shall not be repaired and the net proceeds of insurance resulting from such damage or destruction shall be distributed to each Unit Owner, by check made payable to such Unit Owner and its respective mortgogee(s), in accordance with the provisions of Section 15.6.1 herein. Whenever in this Section 16 the words "promptly repair" are used, it shall mean that repairs are to begin not more than 60 days from the date the Insurance Trustee (if appointed) notifies the Board of Directors and Unit Owners that it holds proceeds of insurance on account of such damage or destruction sufficient to pay the estimated cost of such work, or not more than 90 days after the Insurance Trustee (if appointed) notifies the Board of Directors and the Unit Owners that such proceeds of insurance are insufficient to pay the estimated costs of such work. The Insurance Trustee (if appointed) may rely upon a certificate of the Association made by its President and Secretary to determine whether or not the damaged property is to be reconstructed or repaired. 16.2 Pins and Specificotions. Any reconstruction or repair must be made substantially in accordance with the plans and specifications for the original improvements and the then applicable building and other codes; or if not, then in accordance with the plans and specifications approved by the Board of Directors and the then-applicable building and other codes. 16.3 Disbursement. The proceeds of insurance collected on account of a casualty, and the sums collected from Unit Owners on account of such casualty, shall constitute a construction fund which shall be disbursed in payment of the costs of reconstruction and repair in the following manner and order: 16.3.1 Association - Lesser Damage. If the amount of the estimated costs of reconstruction and repair which are the responsibility of the Association is less than $100,000.00, then the construction fund shall be disbursed in payment of such costs upon the order of the Board of Directors; provided, however, that upon request to the Insurance Trustee (if appointed) by an Institutional First Mortgagee which is a beneficiary of an insurance policy, the proceeds of which are included in the construction fund, such fund shall be disbursed in the manner provided below for the reconstruction and repair of major damage. 16.3.2 Association - Major Damage. If the amount of the estimated costs of reconstruction and repair which are the responsibility of the Association is more than $100,000.00, then the construction fund shall be disbursed in payment of such costs in the manner contemplated by subsection 16.3.1 above, but then only upon the further approval of an architect or engineer qualified to practice in Florida and employed by the Association to supervise the work. 16.3.3 Unit Owners. If there is a balance of insurance proceeds after payment of all costs of reconstruction and repair that are the responsibility of the Association, this balance shall be distributed to each Unit Owner, by check made payable jointly to such Unit Owner and its respective mortgagee(s), in accordance with the provisions of Section 15.6.1 herein. 16.3.4 Certificate. Notwithstanding the provisions herein, the Insurance Trustee shall not be required to determine whether or not sums paid by Unit Owners upon Assessments shall be deposited by the Association with the Insurance Trustee, nor to determine whether the disbursements from the construction fund are to be made upon the order of the Association alone or upon the additional approval of an architect, engineer or otherwise, nor whether a disbursement is to be made from the construction fund, nor 15978050.3 -29- PINELLAS COUNTY FL OFF. REC. BK 16821 PG 1247 to determine whether surplus funds to be distributed are less than the Assessments paid by Unit Owners, nor to determine the payees nor the amounts to be paid. The Insurance Trustee may rely upon a certificate of the Association, made by its President and Secretary, as to any or all of such matters and stating that the sums to be paid are due and properly payable, and stating the names of the payees and the amounts to be paid. 16.4 Assessments. If the proceeds of the insurance are not sufficient to defray the estimated costs of reconstruction and repair to be effected by the Association, or if at any time during reconstruction and repair, or upon completion of reconstruction and repair, the funds for the payment of the costs of reconstruction and repair are insufficient, Assessments shall be levied against the Unit Owners in sufficient amounts to provide funds for the payment of such costs. Such Assessments on account of damage to the Insured Property shall be in proportion to all of the Owners' respective shares in the Common Elements, as determined by the Association. 16.5 Responsibilities of Unit Owners. If damage occurs to the Units, the maintenance and responsibility of which lies solely upon the respective Unit Owners, then each Unit Owner shall be solely responsible for all necessary reconstruction and repair to its respective Unit, which reconstruction and repair shall be effected promptly and in accordance with guidelines established by the Board of Directors. Each Unit Owner shall have the absolute responsibility of applying insurance proceeds, arising as a result of flood, fire or other casualty damage to the Unit, to the repair and/or reconstruction of such Unit; provided, however, that no Unit Owner shall hove the responsibility of applying insurance proceeds to the repair and/or reconstruction of the respective Units if the Condominium is terminated in accordance with the provisions of Section 21 herein. 16.6 Benefit of Mortgagees. Certain provisions in this Section are for the benefit of mortgagees of Units and may be enforced by any of them. Section 17: Condemnation Any condemnation of any portion(s) of the Condominium Property shall be governed by the following provisions: 17.1 Deposit of Certain Condemnation Awards with Insurance Trustee. Condemnation awards pertaining to the taking of Common Elements shall be paid over by each Unit Owner to the Insurance Trustee for use as noted hereinafter in this Section. In the event the Unit Owner foils to turn over such award as required, the defaulting Unit Owner shall be charged the maximum interest which does not constitute usury under Florida law until such amount is fully paid. Condemnation awards pertaining to the condemnation of Units shall not be the property of the Association. 17.2 Determination Whether to Continue Condominium. Whether the Condominium will be continued after condemnation will be determined in the manner provided for in Section 16 herein for determining whether damaged property will be reconstructed and repaired after casualty. For this purpose, the taking by eminent domain also shall be deemed to be a casualty. 17.3 Disbursement of Funds. If the Condominium is terminated following a condemnation, the proceeds of the awards pertaining to the condemnation of Common Elements will be deemed to be insurance proceeds and shall be owned and distributed in the manner provided with respect to the ownership and distribution of insurance proceeds if the Condominium is terminated after a casualty. If the Condominium is not terminated after condemnation, the size of the Condominium will be reduced and the property damaged by the taking will be made usable in the manner provided below. The proceeds of any such awards shall be used for these purposes and shall be disbursed in the manner provided for 159713050.3 -30- PINELLAS COUNTY FL OFF. REC. BK 16821 PG 1248 disbursement of funds by the Insurance Trustee after a casualty, or as elsewhere in this Section specifically provided. 17.4 Condemnation of Common Elements. Awards for the taking of portions of the Common Elements shall be used to render the remaining portion of the Common Elements usable in the manner approved by the Board of Directors of the Association; provided, however, that if the cost of such work shall exceed the balance of the funds from the awards for the taking, the work shall be approved in the manner elsewhere required for capital improvements to the Common Elements. The balance of the awards for the taking of Common Elements, if any, shall be distributed, after adjustments to these shares effected pursuant hereto by reason of the taking, to each Unit Owner by check made payable jointly to such Unit Owner and its respective mortgagee(s), in accordance with the provisions of Section 15.6 herein. 17.5 Condemnation of a Unit. If there is a taking of a Unit, the respective Unit Owner shall not be required to utilize any portion of the condemnation award with regard to reconstruction of its Unit. Following such taking of a Unit and the recording of a deed to the condemning authority, (a) the affected Unit Owner shall no longer have an ownership interest in its Unit or an undivided ownership interest in the Common Elements, and (b) such Unit Owner shall no longer be responsible for the payment of Common Expenses. The following changes shall be made in the Condominium following a taking as described in this Section 17.5: 17.5.1 Addition to Common Elements. The remaining portion of the Unit, if any, shall become part of the Common Elements and shall be placed in a condition allowing, to the extent possible, for use by all of the Unit Owners in the manner approved by the Board of Directors. 17.5.2 Adjustment of Shares. The shares in the Common Elements, Common Expenses and Common Surplus appurtenant to the Units that continue as part of the Condominium shall be adjusted to distribute the shares in the Common Elements, Common Expenses and Common Surplus among the reduced number of Unit Owners (and among reduced Units). This distribution shall be determined by taking the fractional share of each Unit Owner in proportion to the number of Units remaining in the Condominium. 17.5.3 Assessments. In the event the Association does not have the funds necessary to alter the remaining portion of the condemned Unit for use as a part of the Common Elements, the additional funds for such purposes shall be raised by Assessments against all of the Unit Owners who will continue as Owners of Units after the changes in the Condominium effected by the taking. The Assessments shall be made in proportion to the applicable percentage shares of those Owners after all adjustments to such shares effected pursuant hereto by reason of the taking. 17.6 Amendment of Declaration. The changes in Units, in the Common Elements and in the ownership of the Common Elements and share in the Common Expenses and Common Surplus that are effected by the taking shall be evidenced by an amendment to this Declaration that is only required to be approved by, and executed upon the direction of, a majority of all members of the Board of Directors. Section IS, Occupa?x an Use Restrictions In order to provide for congenial occupancy of the Condominium Property and for the protection of the values of the Units, the use of the Condominium Property shall be restricted to and shall be in accordance with the following provisions, in addition to the Rules and Regulations: 18.1 Occupon. Each Unit shall be used as a single family residence only, except as may be otherwise herein expressly provided. The provisions of this subsection shall not be applicable to Units used 15978050.3 -31 - PINELLAS COUNTY FL OFF. REC. EK 16821 PG 1249 by the Developer for model apartments, guest accommodations, sales or other offices or management services. 18.2 Antennae and Satellite Dishes. Satellite dishes, aerials and antennas and all lines and equipment related thereto located wholly within the physical boundaries of a Unit shall be permitted without any requirement for approval from the Board of Directors. Satellite dishes, aerials and antennas shall not be permitted on the Common Elements except to the extent required to be permitted by applicable law (including, but not limited to, the Federal Telecommunications Act of 1996). The Association shall have the right and authority, in its sole discretion and from time to time, to promulgate Rules and Regulations concerning the size and location of and safety restrictions pertaining to the installation of satellite dishes, aerials and antennas and all lines and equipment related thereto which shall be permitted on the Common Elements. Notwithstanding any provision to the contrary, the Association, in its discretion and from time to time, shall have the power and ability to erect or install any satellite dish, antenna or aerial or any similar structure on the Common Elements, provided that such satellite dish, aerial or antenna be solely utilized for the reception of television or radio signals to be utilized by the residents of the Condominium or for security purposes. 18.3 Specific Prohibited Uses. 18.3.1 No sign, advertisement, notice or other lettering shall be exhibited, displayed, inscribed, painted or affixed in, on or upon any part of the Unit, Limited Common Elements or Condominium Property by any Unit Owner or occupant without prior written consent of the Developer for so long as the Developer owns any Units. The foregoing includes signs within a Unit which are visible from outside the Unit. The foregoing provisions shall in no manner be utilized to violate the applicable provisions of Section 718.113 of the Act. 18.3.2 No person shall use the Common Elements or any part thereof, or a Unit, or the Condominium Property, or any part thereof, in any manner contrary to or not in accordance with the Rules and Regulations or any other rules and regulations set forth in the By-Laws or properly pertaining thereto and promulgated from time to time by the Association. 18.3.3 The Unit Owner shall not permit or suffer anything to be done or kept in such Owner's Unit which will increase the rate of insurance on the Condominium Property, or which will obstruct or interfere with the rights of other Unit Owners, or annoy them by unreasonable noises, or otherwise, nor shall the Unit Owners commit or permit any nuisance, immoral or illegal acts in or about the Condominium Property. 18.4 Nuisances. No nuisances (as reasonably determined by the Association) shall be allowed on the Condominium Property, nor shall any use or practice be allowed which is a source of annoyance to residents or occupants of Units or which interferes with the peaceful possession or proper use of the Condominium Property by its residents or occupants. No activity specifically permitted by this Declaration shall be deemed a nuisance. 18.5 Weight. Sound and Other Restrictions. 18.5.1 The installation of all hard and/or heavy surface floor coverings, such as tile, marble, wood, and the like, shall be permitted on a Limited Common Element balcony, terrace, patio or lonai only with the prior written approval of the Board. Additionally, the floor coverings (and insulation and adhesive material therefor) installed on any balcony, terrace, patio and/or lanai shall not exceed a thickness that will result in the finish level of the balconies, terraces, patios and/or lanais being above the bottom of the scuppers or diminish the required height of the rails (as established by the applicable building 15978050.3 - 32 - PINELLAS COUNTY FL OFF. REC. BK 16821 PG 1250 code). The Board will have the right to specify the exoct material to be used on balconies, terraces, patios and/or lanais. 18.5.2 The installation of any improvement or heavy object which would or could meet or exceed the weight load for the floor surface of a Unit must be submitted to and approved by the Board. 18.5.3 Any use guidelines set forth by the Association shall be consistent with good design practices for the waterproofing and overall structural design of the Buildings. Unit Owners will be held strictly liable for violations of these restrictions and for all damages resulting therefrom, and the Association has the right to require immediate removal of violations. Applicable warranties of the Developer, if any, shall be voided by violations of these restrictions and requirements. 18.6 All Units shall have the floors covered with wall-to-wall carpeting installed over padding, except carpeting is not required in entry foyer, kitchens, bathrooms, family room or laundry rooms, subject to the exceptions set forth below. A Unit Owner, other than Developer, who desires to install in place of carpeting any hard-surface floor covering (e.g., marble, slate, ceramic tile, wood) shall also install a sound- absorbent underlayment beneath it, if applicable as determined by the Board in its absolute discretion. In the event said absorption underlayment is required by the Board, the types of materials required may include padding or o resilient sound absorbing underlayment of fiber board, cork or other acceptable material in accordance with the Rules and Regulations, as amended from time to time. The Unit Owner, other than the Developer, shall obtain written approval of the Board prior to any such installation. If the installation is made without such prior written approval, the Board may, in addition to exercising all other remedies provided in this Declaration, require the offending Unit Owner to cover all such hard-surface flooring with carpeting, or require the removal of such hard-surface flooring at the expense of the offending Unit Owner. Each Unit Owner, by acceptance of a deed or other conveyance of their Unit, hereby acknowledges and agrees that sound and impact noise transmission in a building such as within the Condominium is very difficult to control, and that noises from adjoining or nearby Units and/or mechanical equipment can be heard in another Unit. The Developer does not make any representation or warranty as to the level of sound or impact noise transmission between and among Units and the other portion of the Condominium Property, and each Unit Owner herein waives and expressly releases, to the extent not prohibited by applicable law as of the date of this Declaration, any such warranty and claims for loss or damages resulting from sound or impact noise transmission. 18.6.1 No jacuui or spa (other than as part of a standard built-in tub contained within a bathroom area) shall be permitted in any Unit or upon any Limited Common Element balcony, terrace or lanai. 18.7 Pte. 18.7.1 No more than 2 dogs, cots or birds (two being the maximum number of such animals in any combination, but specifically excluding in all events reptiles, pot bellied pigs and other livestock or wildlife) and/or a reasonable quantity of fish shall be permitted to be contained in a Unit, except that pets that are of a known vicious breed such as "Pit Bulls," "Bull Terriers," "Chows," ""German Shepherds," "Rottweilers" or other like breeds are not permitted. 18.7.2 Pets shall not be permitted upon the Common Elements except pursuant to Rules and Regulations or as contained in this Declaration or in the By-Laws. 18.7.3 The Unit Owner shall indemnify the Association and the Developer and hold them harmless from and against any loss or liability of any kind or character whatsoever arising from such Unit Owner's having any pet upon the Condominium Property. All Unit Owners are required to clean up all pet droppings deposited on the Common Elements. 15978050.3 -33- PINELLAS COUNTY FL OFF. REC. BK 16821 PG 1251 18.7.4 Any complaints filed by residents of damage caused by a pet shall be submitted in writing to the Board, which shall determine the amount of the damage and notify the applicable Unit Owner who owns the pet in writing to make the necessary repair, replacement or removal (as the case may be). If such Unit Owner fails to properly act within 15 days from the date of such notice, or fails to otherwise reach an agreement in writing with the Board as to the payment for such damage or remedying any other violation within 15 days from the date of such notice, such Unit Owner shall be required to permanently remove the pet from the Condominium Property. Payment for damages pursuant to this . subsection shall not be in lieu of any right of action which the person sustaining the damage shall be entitled to independently. Any pet complaint filed with the Association, whether or not such complaint involves damage as described in the above paragraph, shall be verified by a designated member of the Board of Directors. Each verified pet complaint shall constitute an infraction for purposes of this subsection. The Board shall take action with regard to such infractions as follows: 18.7.4.1 If the complaint is the first infraction, the Board shall notify the Unit Owner of the infraction in writing and formally request that no such infraction again occur. 18.7.4.2 If the complaint is the second infraction, the Board shall notify the Unit Owner and warn such Unit Owner that the next infraction will cause a penalty fine to be levied. 18.7.4.3 If the complaint is the third infraction, the Board shall notify the Unit Owner of the continuing violation and refer the matter to a committee of 3 Unit Owners, none of whom shall be presently serving on the Board or be related to a director or the offending Unit Owner, for a determination as to a fine for the continuing infraction. Such committee shall, within 7 days following issuance of the notice of third infraction to the offending Unit Owner, determine whether a fine should be levied for such continuing infraction and provide a recommendation thereon to the Board. The amount of any fine shall not exceed the maximum amount allowed under the applicable provisions of Section 718.303 of the Act. If a fine is recommended by such committee, the Board shall issue a written notice to the offending Unit Owner advising such Unit Owner of the levying of the fine. However, such fine shall not become due and owing until such Unit Owner has received such written notice and has been given the opportunity to request a hearing before the committee of Unit Owners described in this subsection at a time and date which shall not be more than 30 days after the date of such notice. In the event the offending Unit Owner elects not to seek such a hearing, the recommendation of a fine made by the committee shall become binding upon the Association and the Unit Owner. If such a hearing is held, the decision of the committee as to whether to rescind, modify or ratify the proposed fine shall be binding upon the Association and the Unit Owner. All decisions made by such committee shall be made by majority vote. 18.7.4.4 If the complaint is the fourth infraction, the Board shall notify the Unit owner and demand that the pet be removed from the Condominium Property within 30 days from notice. Prior to taking the action contemplated in this subsection, such Unit Owner shall have the some opportunity for notice and a hearing as provided in subsection 18.7.4.3 above. Infractions for purposes of this Section shall accumulate only on the basis of separate 12 month periods with each new period commencing on the annual anniversary date of this Declaration ("Infraction P r' "). In other words, the number of infractions in any Infraction Period shall not be carried forward into the next Infraction Period for purposes of the enforcement of this Section. For purposes of this Section only, the term "Unit Owner" shall be deemed to include a tenant or lessee of o Unit Owner. 18.8 Parking and Vehicular Restrictions. 18.8.1 No vehicle shall be parked anywhere but on paved areas intended for that purpose. 15978050.3 -34- PINELLAS COUNTY FL OFF. REC. BK 16821 PG 1252 18.8.2 Parking on lawns or landscaped areas is prohibited, unless specifically approved or designated for such purpose. 18.8.3 No unlicensed vehicle or vehicle which cannot operate on its own power shall remain on the Condominium Property for more than 12 hours, except as otherwise specifically permitted by the Board. 18.8.4 No repair, except for emergency repair, of vehicles shall be made within or upon the Condominium Property, except as otherwise specifically permitted by the Board. 18.8.5 No "commercial vehicle" (a) shall be permitted to be parked within the Condominium Property for a period of more than 4 hours per day unless such commercial vehicle is temporarily present and necessary in the actual construction, maintenance or repair of a Unit or other improvements of the Condominium Property, or (ii) shall be permitted to be parked overnight or stored in the Condominium Property except as otherwise specifically permitted by the Board. For purposes hereof, a "commercial vehicle" means a vehicle which is determined by the Association to be for a commercial purpose (and the Association shall take into consideration, among other factors, lettering, graphics or signage located on or affixed to the exterior of the vehicle which identifies a business or commercial enterprise, but the existence of such lettering, graphics or signage shall not be dispositive). 18.8.6 For purposes of clarity, no Owner or resident of a Unit shall be permitted to park a limousine or like vehicle upon any portion of the Condominium Property, regardless of whether or not such limousine or like vehicle is intended by such Owner or resident to be that person's primary vehicle and mode of transportation. 18.8.7 No boats, jet skis, wove runners, boat trailers, trailers of any kind, campers, motor homes, mobile homes, truck campers, buses, limousines or any like vehicles shall be permitted to be parked in any Parking Space. 18.8.8 No Vehicle shall be used as a domicile or residence, temporarily or permanently. 18.8.9 Additional restrictions and provisions pertaining to Parking Spaces and Vehicles may be contained in the Rules and Regulations. 18.9 i n . 18.9.1 No sign, advertisement, notice or other lettering shall be exhibited, displayed, inscribed, pointed or affixed in, on or upon any part of a Unit, the Limited Common Elements or Condominium Property by any Unit Owner or occupant without prior written consent of the Developer for so long as the Developer holds any Units for sale in the ordinary course of business (and thereafter, only with the express written permission of the Association). The foregoing includes signs within a Unit which are visible from outside the Unit. 18.9.2 Developer is exempt from the provisions of this Section. 18.9.3 Notwithstanding anything herein contained to the contrary, the provisions of this Section shall not be amended without the affirmative vote of at least 75% of the total Voting Interests. Further, any amendment to this Section which would serve to prejudice the rights of Developer shall only be effective upon the written consent of Developer for so long as Developer owns any Units in the Condominium. 18.10 No Improper Uses. No improper, offensive, hazardous or unlawful use shall be made of the Condominium Property or any part thereof, and all valid laws, zoning ordinances and regulations of all 15978050.3 -35- PINELLAS COUNTY FL OFF. REC. BK 16821 PG 1253 governmental bodies having jurisdiction thereover shall be observed. Violations of laws, orders, rules, regulations or requirements of any governmental agency having jurisdiction thereover, relating to any portion of the Condominium Property, shall be corrected by, and at the sole expense of, the party obligated to maintain or repair such portion of the Condominium Property, as elsewhere herein set forth. Notwithstanding the foregoing and any provisions of this Declaration, the Articles of Incorporation or By-Laws, the Association shall not be liable to any person(s) for its failure to enforce the provisions of this Section. No activity specifically permitted by this Declaration shall be deemed a violation of this Section 18. 18.11 Keys to Units Delivered to the Association. In order to facilitate access to Units by the Association for the purposes specifically and generally enumerated herein, it shall be the responsibility of all Unit Owners to deliver a set of keys to their respective Units to the Association to use in the performance of its functions. No Unit Owner shall change the locks to his or her Unit without so notifying the Association and delivering to the Association a new set of keys to such Unit. 18.12 Impact Resistant Glass. All windows within the Building are composed of impact resistant glass. Accordingly, no exterior storm shutters shall be permitted to be attached to the Building in any fashion. Replacement of any and all windows shall be in accordance with City and Country codes and specifications for impact resistant glass. 18.13 Extended Vacation or Absences. In the event a Unit will not be occupied for an extended period of time (defined for purposes hereof to be not less than 7 consecutive days in duration), the Unit must be prepared prior to departure by: 18.13.1 notifying the Association of such absence and the anticipated date of return; 18.13.2 removing all removable furniture, plants and other items of personal property from the exterior of the Unit (i.e., from within the area of the Limited Common Elements); and 18.13.3 designating a person or entity to care for the Unit and its appurtenant Limited Common Elements during such period of absence (both in terms of routine care and in the event of damage) and providing necessary access to the Unit (the Owner is required to provide the Association with the name and telephone number of the designated person or entity). The Association hereby disclaims any responsibility with regard to each unoccupied Unit, and the Owner hereby acknowledges and agrees that the Association has no duty with regard to any unoccupied Unit under this Section. 18.14 Life Safe Systems. No Unit Owner shall make any additions, alterations or improvements to the life safety systems, and/or to any other portion of the Condominium Property which may impair the life safety systems or access to the life safety systems, without first receiving the prior written approval of the Board. In that regard, no lock, chain or other device or combination thereof shall be installed or maintained at any time on or in connection with any door on which panic hardware or fire exit hardware is required. Stairwell identification and emergency sign age shall not be altered or removed by any Unit Owner whatsoever. No barrier including, but not limited to personally, shall impede the free movement of ingress and egress to and from all emergency ingress and egress passageways. 18.15 Effect on Developer. If and the extent specifically stated in this Section 18, the provisions and limitations set forth in this Section 18 shall not apply to the Developer nor to Units owned by the Developer. 15978050.3 -36- PINELLAS COUNTY FL OFF. REC. BK 16821 PG 1254 Section 19: Selling, Leasing and Mortgaging of Units Units may be made subject to mortgages without restrictions, but sales and leases thereof shall be subject to the provisions of this Section: 19.1 aI m. In connection with the conveyance of each Unit, other than conveyance by the Developer or Institutional Mortgagees, on officer of the Association shall execute and acknowledge a certificate stating that all Assessments levied against such Unit have been paid in full, or if not paid in full, the amounts due and owing. The Board of Directors shall furnish such certificate upon receipt from the Unit Owner of a request form (which will be prepared by the Association) setting forth the proposed purchaser's name, notice address and dote of closing. Payment of outstanding Assessments shall be in accordance with the Act. Each new Unit Owner receiving o conveyance from any party except the Developer shall notify the Association and the Management Firm promptly after becoming a new Owner by delivering a copy of the deed to the Unit to the Association and the Management Firm. 19.2 leases. 19.2.1 Except as otherwise permitted by the Developer with regard to Units still owned by the Developer, no more than 1 lease or rental of a Unit in any 12 month period shall be permitted, and any and all leases shall be for a minimum term of not less than 6 months in duration. No Unit Owner may lease or rent a Unit if delinquent in the payment of any Assessments. If all Assessments are paid up to date, a Unit Owner may rent or lease a Unit without further approval. However, the Unit Owner renting or leasing a Unit shall promptly notify the Association and any Management Firm of each renter and the term of such rental or lease, and the Unit Owner shall insure that the tenant will provide to the Association and any Management Firm such information as deemed to be necessary from time to time to ensure the health, safety and welfare of the occupants of the Condominium. The sub-leasing or sub-renting of a Unit Owner's interest shall be subject to the some limitations as are applicable to the leasing or renting thereof. The Association shall have the right to require upon notice to all Unit Owners that a substantially uniform form of lease or sub-lease be used by all Unit Owners (including the Developer) intending to rent or lease after said notice and to provide such form as a Common Expense. Entire Units only may be rented, provided the occupancy is only by the lessee, his family and guests; no individual rooms may be rented and no transient tenants (other than as permitted pursuant to this Section 19.2. 1) may be accommodated. The provisions of this paragraph pertaining to transient tenants shall not be applicable to the Developer. A tenant of a Unit shall hove all of the use rights in the Association Property and Common Elements otherwise readily available for use generally by Unit Owners, and the Owner of the leased Unit shall not have such rights, except as a guest. This shall not, however, interfere with access rights of an Owner as landlord pursuant to applicable law. Each tenant shall comply with all provisions of this Declaration, the By-laws and any and all Rules and Regulations as promulgated from time to time, and the lease executed by the tenant shall so require such compliance. 19.2.2 The tenant of a Unit may be required to place in escrow with the Association a reasonable sum, not to exceed the equivalent of one month's rental, which may be used by the Association to repair any damage to the Common Elements and/or Association Property resulting from acts or omissions of the tenant (as determined in the sole discretion of the Association). Payment of interest, claims against the deposit, refunds and disputes regarding the disposition of the deposit shall be handled in the some fashion as provided in part II of Chapter 83, Florida Statutes. When a Unit is leased, a tenant shall have all use rights in the Association Property and those Common Elements otherwise readily available for use generally by the Unit Owner, and the Owner of the leased Unit shall not have such rights, except as a guest, unless such rights are waived in writing by the tenant. Nothing herein shall interfere with the access rights of the Unit Owner as a landlord pursuant to Chapter 83, Florida Statutes. The Association shall have the right to adopt rules to prohibit dual usage by a Unit Owner and a tenant of Association Property and Common Elements otherwise readily available for use generally by Owners. 15978050.3 -37- PINELLAS COUNTY FL OFF. REC. EK 16821 PG 1255 19.3 Continuing Liability. The liability of any Unit Owner under this Declaration shall continue, notwithstanding the fact that the Unit Owner may have leased, rented or sub-let said interest as provided herein. Every purchaser, tenant or lessee shall take subject to this Declaration, the Articles of Incorporation, the By-Laws, and the Management Agreement (if any), as well as the provisions of the Act. 19.4 No Severance of Ownership. No part of the Common Elements may be sold, conveyed or otherwise disposed of, except as an appurtenance to the Unit in connection with a sale, conveyance or other disposition of the Unit to which such interest is appurtenant, and any sale, conveyance or other disposition of a Unit shall be deemed to include that Unit's appurtenant interest in the Common Elements. 19.5 Gifts and Devises, etc. Any Unit Owner shall be free to convey or transfer such Owner's Unit by gift, to devise such Owner's Unit by will, or to have such Owner's Unit pass by intestacy, without restriction; provided, however, that each succeeding Unit Owner shall be bound by, and such Owner's Unit subject to, the provisions of this Section. Section 20: Compliancg and Default Each Unit Owner and every occupant of a Unit and the Association shall be governed by and shall comply with the terms of this Declaration of Condominium and all exhibits annexed hereto, and the Rules and Regulations, as the some may be amended from time to time. The Association (and Unit Owners, if appropriate) shall be entitled to the following relief in addition to the remedies provided by the Act: 20.1 Negligenc . A Unit Owner shall be liable for the expense of any maintenance, repair or replacement made necessary by his negligence or by that of any member of his family or his or their guests, employees, agents or lessees, but only to the extent such expense is not met by the proceeds of insurance actually collected in respect of such negligence by the Association. 20.2 Compliance. In the event a Unit Owner or occupant fails to maintain a Unit or fails to cause such Unit to be maintained, or fails to observe and perform all of the provisions of the Declaration, the By-laws, the Articles of Incorporation, applicable Rules and Regulations, or any other agreement, document or instrument affecting the Condominium Property or administered by the Association, in the manner required, the Association shall have the right to proceed in a court of equity to require performance and/or compliance, to impose any applicable fines or to sue in a court of low for damages. 20.3 Costs and Attorneys Fees. In any proceeding arising because of an alleged failure of a Unit Owner or the Association to comply with the requirements of the Act, this Declaration, the Articles of Incorporation, the By-laws or the Rules and Regulations, as the some may be amended from time to time, the prevailing party shall be entitled to recover the costs of the proceeding and such reasonable attorneys' fees (including appellate attorneys' fees). 20.4 No Waiver of Ri9b.U. The failure of the Association or any Unit Owner to enforce any covenant, restriction or other provision of the Act, this Declaration, the Articles of Incorporation, the By-Laws or the Rules and Regulations, as the some may be amended from time to time, shall not constitute a waiver of their right to do so thereafter. Section 21: Termination of Condominium The Condominium shall continue until (i) terminated. by casualty loss, condemnation or eminent domain, as more particularly provided elsewhere in this Declaration, or (ii) such time as termination of the condominium form of ownership is authorized by (a) a vote of Owners owning not less than 80% of the Units, and (b) the Primary Institutional First Mortgagee. Upon such termination, the former Condominium Property shall be subject to an action for portition by any Owner, and the net proceeds of sale shall be divided among all Owners in proportion to their respective interests in the Common Elements; provided, 15978050.3 -38- PINELLAS COUNTY FL OFF. REC. BK 16821 PG 1256 however, that no payment shall be made to on Owner until all mortgages and liens on such Owner's Unit, in the order of their priority, have been satisfied out of such Owner's share of such net proceeds. Upon such termination, all funds of the Association, including, but not limited to, reserves, insurance proceeds, and condemnation awards, shall be divided among all Owners in proportion to their respective interests in the Common Elements; provided, however, that no payment shall be made to an Owner until all mortgages and liens on such Owner's Unit, in the order of their priority, have been satisfied out of such Owner's share of such net proceeds. The termination of the Condominium shall be effective upon a certificate of the Association, executed by its President and Secretary, certifying the basis of the termination being recorded among the public records of the County. SSoction 22: AdditiRnal Rights of Mortgagees and Others The following provisions are intended for the benefit of each holder of a first mortgage upon a Unit, and, to the extent that any other provisions of this Declaration conflicts with the following provisions, if at all, the following provisions shall control: 22.1 The Association shall furnish to each Institutional First Mortgagee and any holder, insurer or guarantor of a first mortgage a written notice of any default by the Owner of such Unit in the performance of such Owner's obligations under this Declaration that has not been cured within 60 days. 22.2 Each Institutional First Mortgagee and any holder, insurer or guarantor of a first mortgage on a Unit shall: 22.2.1 have the right to examine current copies of this Declaration, the By-laws, the Rules and Regulations and the books, records and financial statements of the Association during normal business hours; 22.2.2 have the right to receive, without any charge and within a reasonable time after such request, the annual audited financial statement which is prepared and distributed by the Association to the Owners at the end of its fiscal year; provided, however, that in the event an audited financial statement is not available, the holders of 51 % or more of the first mortgages in the Units shall be entitled to have such an audited statement prepared at their expense; 22.2.3 have the right to receive written notices of all meetings of the Association and to designate a representative to attend all such meetings; 22.2.4 be furnished with written notice of any decision by the Owners to make a material amendment adverse to the Institutional First Mortgagees to the Declaration, the By-Laws or Articles and such amendment shall require the approval of at least fifty-one percent (51 %) of the votes of Units that are subject to mortgages; 22.2.5 be furnished with written notice of any lapse, cancellation or material modification of any insurance policy or fidelity bond maintained by the Association; and 22.2.6 be furnished with written notice of any action which would require the consent of a specified number of Institutional First Mortgagees 22.3 No provision of this Declaration or the Articles or any similar instrument pertaining to the Condominium Property or the Units therein shall be deemed to give an Owner or any other party priority over any rights of the Institutional First Mortgagees pursuant to their mortgages in the case of distribution to Owners of insurance proceeds or condemnation awards for losses to or a taking of the Units, and/or the Common Elements, or any portion thereof or interest therein. In such event, the holder of any first mortgage on a Unit shall be entitled, upon specific written request, to timely written notice of any such loss. 15979050.3 -39- PINELLAS COUNTY FL OFF. REC. BK 16821 PG 1257 22.4 Each Institutional First Mortgagee or holder, insurer or guarantor of a mortgage on a Unit shall be furnished notice in writing by the Association of any damage to or destruction or taking of the Common Elements if such damage or destruction or taking affects either a material portion of the Condominium or the Unit securing such Institutional First Mortgagee's mortgage. 22.5 If any Unit or portion thereof or the Common Elements or any portion thereof is made the subject matter of any condemnation or eminent domain proceeding or is otherwise sought to be acquired by a condemning authority, then the holder, insurer or guarantor of any first mortgage on a Unit shall be furnished with timely written notice of any such proceeding or proposed acquisition and no provisions of any document will entitle an Owner or other party to priority over such holder with respect to the distribution to such Unit of the proceeds of any award or settlement. 22.6 Any holder of a first mortgage on a Unit who receives a written request to approve additions or amendments and fails to deliver or mail to the requesting party a negative response within 60 days shall be deemed to have approved such request, provided that the notice was delivered by certified or registered mail, with a return receipt requested. 22.7 In the event professional management has been previously required by any holder, insurer or guarantor of a first mortgage on a Unit, any decision to establish self management by the Association shall require the prior consent of Owners in accordance with Section 718.302(1), Florida Statutes. 22.8 As required by Section 718.1 10, Florida Statutes, any mortgagee consent required under this Section shall not be unreasonably withheld and shall otherwise be deemed to apply to the extent applicable. 22.9 The consent of Owners holding at least 75% of the total Voting Interests and the approval of the holders of first mortgages on Units which represent at least 51% of the votes of Units that are subject to first mortgages shall be required to add or amend any material provisions of this Declaration which establish, provide for, govern or regulate any of the following: 22.9.1 Voting rights; 22.9.2 Increases in Assessments that raise the Assessments by more than twenty- five percent (25%) over the previous Assessment amount, Assessment liens or the priority of Assessment liens; 22.9.3 Reductions in reserves for maintenance, repair and replacement of the Common Elements; 22.9.4 Hazard or fidelity insurance requirements; 22.9.5 Rights to use of the Common Elements; 22.9.6 Responsibility for maintenance and repair of the Condominium Property; 22.9.7 Boundaries of any Unit; 22.9.8 The reallocation of interests in the Common Elements or Limited Common Elements or the rights to their use; 22.9.9 Convertibility of Units into Common Elements or of Common Elements into Units; 22.9.10 Leasing of Units; 40 15978050.3 PINELLAS COUNTY FL OFF. REC. EK 16821 PG 1258 22.9.1 1 Imposition of any right of first refusal or similar restriction on the right of a Unit Owner to sell, transfer, or otherwise convey his or her Unit; 22.9.12 The expansion or contraction of the Condominium Property, or the addition, annexation, or withdrawal of property to or from the Condominium; 22.9.13 Restoration or repair of the Condominium (after damage or partial condemnation) in a manner other than as provided in this Declaration; or 22.9.14 Any provisions which are for the express benefit of holders, insurers or guarantors of First mortgages on the Units. DEVELOPER HEREBY DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED WARRANTIES AS TO DESIGN, CONSTRUCTION, FURNISHING AND EQUIPPING OF THE CONDOMINIUM PROPERTY, EXCEPT ONLY THOSE SET FORTH IN SECTION 718.203 OF THE ACT. AS TO SUCH WARRANTIES WHICH CANNOT BE DISCLAIMED, AND TO OTHER CLAIMS, IF ANY, WHICH CAN BE MADE AS TO THE AFORESAID MATTERS, ALL INCIDENTAL AND CONSEQUENTIAL DAMAGES ARISING THEREFROM ARE HEREBY DISCLAIMED. ALL UNR OWNERS, BY VIRTUE OF THEIR ACCEPTANCE OF TITLE TO THEIR RESPECTIVE UNITS (WHETHER FROM THE DEVELOPER OR ANOTHER PARTY), SHALL BE DEEMED TO HAVE AUTOMATICALLY WAIVED ALL OF THE AFORESAID DISCLAIMED WARRANTIES AND INCIDENTAL AND CONSEQUENTIAL DAMAGES. Section 24: Mediation and Arbitration All issues or disputes which are recognized by the Act or by administrative rules promulgated under the Act as being appropriate or required for mediation or arbitration shall be submitted to such alternative resolution procedures prior to institution of civil litigation proceedings. Section 25: Additional Provisions 25.1 Notices. All notices to the Association required or desired hereunder or under the By-laws shall be sent by first class mail to the Association in care of its office at the Condominium, or to such other address as the Association may hereafter designate from time to time by notice in writing to all Unit Owners. Except as provided specifically in the Act, all notices to any Unit Owner shall be sent by first class mail to the address of such Unit Owner appearing in the Association's records at the time the notice is transmitted. Where a Unit is owned by more than one person, the Association shall provide notice, for meetings and all other purposes, to that one address which the Developer initially identifies for that purpose and thereafter as one or more of the Owners of the Unit shall so advise the Association in writing, or if no address is given or the Owners of the Unit do not agree, to the address provided in the deed of record. All notices to mortgagees of Units shall be sent by first class mail to their respective addresses, or such other address as may be designated by them from time to time, in writing to the Association. All notices shall be deemed to have been given when mailed in a postage prepaid sealed wrapper, except notices of a change of address, which shall be deemed to have been given when received, or 5 business days after proper mailing, whichever shall first occur. 25.2 Interpretation. The Board of Directors shall be responsible for interpreting the provisions hereof and of any of the exhibits attached hereto. Such interpretation shall be binding upon all parties 15978050.3 - 41 - PINELLAS COUNTY FL OFF. REC. EK 16821 PG 1259 unless wholly unreasonable. An opinion of legal counsel to the Association, or the legal counsel having drafted this Declaration, that any interpretation adopted by the Association is not unreasonable shall conclusively establish the validity of such interpretation. 25.3 Binding Effect of Section 718.303. Florida Statutes. The provisions of Section 718.303(1) of the Condominium Act pertaining to obligations of Owners, waiver, and levy of fine against Units by Association shall be in full force and effect for this Condominium and are incorporated herein. The Management Firm, for as long as the Management Agreement remains in effect, shall assist the Association in the prosecution of any action pursuant to the statute oforedescribed. 25.4 Right of Developer to Add Recreational and Commonly Used Facilities. If Developer elects to add or expand any recreational or commonly used facilities, Developer shall pay all the expenses relating to the construction or the providing of such addition or expansion. All costs of maintenance, repair and replacement relating to the addition or expansion of the recreational or commonly used facilities shall be a Common Expense. 25.5 Right of Developer to Convey Pry to the Association. The Developer hereby reserves the right to convey to the Association any real property contiguous to the Condominium Property free and clear of liens and encumbrances, including, but not limited to, wetlands, parking spaces, portions of Phase II, or other parcels more suitable to become Association Property rather than Common Elements. All costs and expenses associated with such Association Property shall be Common Expenses. The Association shall be required to accept any such conveyance from the Developer. 25.6 Exhibits. There are hereby incorporated in this Declaration all materials contained in the exhibits annexed hereto, except that as to such exhibits, any conflicting provisions set forth therein as to their amendment, modification, enforcement and other matters shall control over those hereof. 25.7 Signature of President and Secretary. Wherever the signature of the President of the Association is required hereunder, the signature of a Vice-President may be substituted therefor, and, wherever the signature of the Secretary of the Association is required hereunder, the signature of on Assistant Secretary may be substituted therefor, provided that the some person may not execute any single instrument on behalf of the Association in 2 separate capacities. 25.8 Seyerobili . The invalidity in whole or in part of any covenant or restriction, or any section, subsection, sentence, clause, phrase or word, or other provision of this Declaration, the exhibits annexed hereto, or applicable Rules and Regulations, as the same may be amended from time to time, shall not affect the validity of the remaining portions thereof which shall remain in full force and effect. 25.9 Waiver. No provisions contained in this Declaration shall be deemed to have been waived by reason of any failure to enforce the some, without regard to the number of violations or breaches which may occur. 25.10 Ratification. Each Unit Owner, by reason of having acquired ownership (whether by purchase, gift, operation of law or otherwise), and each occupant of a Unit, by reason of his occupancy, shall be deemed to have acknowledged and agreed that all of the provisions of this Declaration, the Articles of Incorporation, the By-laws, and applicable Rules and Regulations, are fair and reasonable in all material respects. 25.11 Gender: Plurality. For convenience and ease of reference, the third person singular impersonal form of pronoun "it" has been used herein without regard to the proper grammatical person or gender of the party being referred to. All such references shall be deemed to include the singular or plural person and the masculine, feminine or neuter gender, as required by the context. 15978050.3 -42. PINELLAS COUNTY FL OFF. REC. BK 16821 PG 1260 25.12 Captions. The captions herein and in the exhibits annexed hereto are inserted only as a matter of convenience and for ease of reference and in no way define or limit the scope of the particular document or any provision thereof. [SIGNATURE APPEARS ON THE FOLLOWING PAGE] 15978050.3 -43- PINELLAS COUNTY FL OFF. REC. BK 16821 PG 1261 IN WITNESS WHEREOF, the Developer has caused this Declaration to be duly executed and its corporate seal to be hereunto affixed this d Q day of January, 2010. WITNESSES: By: Name: Print Name: i` V GL Name: Print Name: rLe?JK?^ HOFFMAN ONE PROPERTIES, LLC, a Florida limited liability company, its managing member By: Charles E ra 'ngton, its managing member Developer hereby activates the guarantee in Section 14.8 above SKIFF POINT PROPERTIES, LLC, a Florida limited liability company STATE OF FLORIDA COUNTY OF ??`SBo40CJ(rf>? (Corporate Seal) The foregoing instrument was acknowledged before me this 20 day of January, 2010, by Charles E. Brasington, as managing member of HOFFMAN ONE PROPERTIES, LLC, a Florida limited liability company, as managing member of SKIFF POINT PROPERTIES, LLC, a Florida limited liability company. He CT is personally known to me or ? has produced as identification. My Commission Expires: (AFFIX NOTARY SEAL) RMFtT 8 FREEDMAN Notary /u00o - SWe of Ftortd k • My COMM. E1**$ tae 10.2014 tiOrMHSON • DD 95"47 IN" Tft* Nd" MtIrY Ault i'EG?Er/w..Yw Name: ;06m ?r 1 Frl edn•-+ (Legibly Printed) Notary Public, State of Florida (Commission Number, if any) 15978050.3 PINELLAS COUNTY FL OFF. REC. BK 16821 PG 1262 EXHIBIT NO. 1 TO DECLARATION OF CONDOMINIUM The legal description of the Condominium, as submitted to condominium ownership pursuant to the recording of the Declaration of Condominium to which this exhibit is attached, is as follows and is provided for the sake of clarity: LOTS 35 AND 36, ISLAND ESTATES OF CLEARWATER, UNIT 5A AS RECORDED IN PLAT BOOK 60, PAGE 51, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA. TOGETHER WITH A 60 FOOT WIDE CORRIDOR LYING WITHIN A PORTION OF MANDALAY CHANNEL AND A PORTION OF UNIT 5A ISLAND ESTATES OF CLEARWATER, AS RECORDED IN PLAT BOOK 60, PAGE 51, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, LYING WATERWARD OF LOT 35 AND LOT 36, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEASTERN CORNER OF SAID LOT 35, THENCE S55°49'59"W ALONG THE SOUTHERN MOST BOUNDARY OF SAID LOT 35 A DISTANCE OF 120 FEET, MORE OR LESS, TO A POINT ON THE MEAN HIGH WATER LINE, SAID LINE BEING ON THE FACE OF A CONCRETE SEAWALL AND SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE NORTHERLY ALONG THE AFOREMENTIONED MEAN HIGH WATER LINE AND FACE OF CONCRETE SEAWALL, ON A CURVE TO THE RIGHT A DISTANCE OF 284 FEET, MORE OR LESS, TO A POINT ON THE NORTHWESTERLY EXTENSION OF THE NORTHEASTERN MOST BOUNDARY LINE OF SAID LOT 36, SAID POINT BEING N26°56'48"W, A DISTANCE OF 120 FEET, MORE OR LESS, FROM THE EASTERN MOST CORNER OF SAID LOT 36; THENCE DEPARTING FROM AFOREMENTIONED MEAN HIGH WATER LINE AND FACE OF CONCRETE SEAWALL, ALONG SAID NORTHWESTERLY EXTENSION OF THE NORTHEASTERN MOST BOUNDARY LINE OF SAID LOT 36, N26°56'48"W, A DISTANCE OF 60 FEET; THENCE DEPARTING FROM SAID NORTHWESTERLY EXTENSION, SOUTHERLY ALONG A CURVE TO THE LEFT THAT IS PARALLEL TO AND 60 FEET OFFSET WESTERLY FROM THE AFOREMENTIONED MEAN HIGH WATER LINE AND FACE OF CONCRETE SEAWALL, A DISTANCE OF 384 FEET, MORE OR LESS, TO A POINT ON THE SOUTHWESTERLY EXTENSION OF THE SOUTHERN MOST BOUNDARY OF THE AFOREMENTIONED LOT 35; THENCE N55°49'59"W ALONG SAID SOUTHWESTERLY EXTENSION, A DISTANCE OF 60 FEET TO THE POINT OF BEGINNING. The original Condominium drawings (which constitute Exhibit No. 1 to the Declaration of Condominium) and the certificate of substantial completion as issued by the surveyor for the condominium improvements ore attached hereinafter. 16236279.1 PLAT BOOK - PAGE _ MAJESTIC POINT, A CONDOMINIUM BEING A PART OF SECTION 08, TOWNSHIP 29 SOUTH, RANGE 15, EAST CITY OF CLEARWATER, PINELLAS COUNTY, FLORIDA LAT 2758'55.34'N - LONG 8249'10.25-W LEGAL DESCRIPTION: LOTS 35 AND 36, ISLAND ESTATES OF CLEARWATER. UNIT SA AS RECORDED IN PLAT BOOK 60, PACE 51, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA. SITE MAP 1 ? ` SITE 'WR VAT Y 7 P A I STATE ROAD 60 GULF OF CLEARWATER CLEARWATER MEXICO BEACH I I SURVEYOR'S CERTIFICATE: THIS CERTIFICATE 15 BEING MADE PURSUANT TO FLORIDA STATUTE CHAPTER 718.104 (4XE). I NEREBY CERTIFY ON THE 13TH DAY OF NOVEMBER. 2009. THAT A LAND SURVEY WAS MADE ON THE LANDS SHOWN AND DESCRIBED AS MAJESTIC POINT, A CONDOIIINNM, MORE PARTIO7AARLY DESCRIBED M EXHIBIT A ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE AND 00 FURTHER CERTIFY THAT THE CONSTRUCTION OF THE IMPROVEMENTS, INCLUDING. BUT NOT LIMITED TO. LANDSCAPING, UTUTY SCRNCES AND ACCESS TO THE UNITS DESCRIDCO N THE CONDOMINIUM PLAT OF MA.CSTIC PONT, A CONDOWNUM ARE SUBSTANTIALLY COMPLETE. 50 THAT THIS MATERIAL TOGETHER W M THE PROVISIONS OF THE DECLARATION RELATING TO MATTERS OF SURVEY DESCRIBING THE CONDOMINIUM PROPERTY IS AM ACCURATE REPRESENTATION OF THE LOCATION AND DIMENSIONS OF THE IMPROVEMENTS, AND THAT THE CONOOM SURVEY REPRESENTED ON THE PLAT MEETS THE REOUWEMENTS OF THE FL A BE= OF AND SURVEYORS AND MAPPERS SET FORTH IN CHAPTER 61G17-6. SECTI .0 ICRIDA STATUTES DATE: DECEMBER 2, 2009 aU H. HYATT, / 4636 FLORIDA REG$ D PROFESSIONAL SURVEYOR AND MAPPER /4636 NOT Vµ10 WTHOUT THE 54MANK AM THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SEE PAGE 2 FOR NOTES SURVEYOR AND YAPPER PACE T OF 7 KNOW IT NOW, INC (CFFIFl -t011 NOOEIIERG AVE.) YAA 1497 MAN /ItT TIC AEG. IF 6911 DUNEDIH, FLORIDA, USA 34605 VOICE 727-415-5.705 FAY 727-736-24555 INTERNET ItN00114OW.CON ro H r 0 H ro r 0 M Nl n w x GO N N ro 0 r N 07 W TOGETHER WITH A 60 FOOT WIDE CORRIDOR LYING WITHIN A PORTION OF MANDALAY CHANNEL AND A PORTION OF UNIT 5A ISLAND ESTATES OF CLEARWATER, AS RECORDED N PLAT BOOK 60, PAGE 51, OF THE PUBLIC RECORDS OF PINELLAS COUNTY. FLORIDA, LYING WATERWARD OF LOT 35 AND LOT 36, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: PLAT BOOK - PAGE _ MAJESTIC POINT, A CONDOMINIUM BEING A PART OF SECTION 08, TOWNSHIP 29 SOUTH, RANGE 15, EAST CITY OF CLEARWATER, PINELLAS COUNTY, FLORIDA LAT 275W55.34'N - LONG' W4910.25V NOTES: 1. UNLESS OTHERWISE STATED. THE LEGAL DESCRIPTION AS SHOWN WAS PROVIDED TO KNOW IT NOW, INC. FOR THIS PROJECT. 2. THERE MAY BE ADDITIONAL RESTRICTIONS. EASEMENTS OR OTHER MATTERS OF RECORD THAT ARE NOT SHOWN HEREON THAT MAY BE FOUND IN THE PUBLIC RECORDS OF THIS COUNTY. 3. UNDERGROUND IMPROVEMENTS AND BUILDING FOUNDATIONS HAVE NOT BEEN LOCATED EXCEPT AS SHOWN HEREIN 4. FEMA FLOOD ZONE IS YE AND AE - COMMUNITY NAME AND NUMBER, CLEARWATER. 125096. PINELLAS COUNTY, MAP/PANEL NUMBER 121030 0102, SUFFIX C. DATED 9-3-03: BASE ELEVATION IS 12.0 FEET ZONE AE. FRONT AREA OF SITE AND BASE ELEVATION OF 13.0 FEET ZONE VE. REAR AREA OF SITE, 5. CERTAIN RIGHTS, RESTRICTIONS AND OBUGATIONS MAY APPLY WHICH CAN BE FOUND WITHIN THE DECLARATION OF CONDOMINIUM OR WITHIN THE PUBLIC RECORDS OF THIS COUNTY. 6. ELEVATIONS SHOWN ARE BASED ON NORTH AMERICAN VERTICAL DATUM OF 1986 U9NC CITY OF CLEARWATER BENCH MARK H-04 WITH PUBLISHED ELEVATION OF 4.499 FEET TIED TO CITY OF CLEARWATER BENCH MARK I - 03.5 WITH PUBLISHED ELEVATION OF 6.491 FEET. 7. IN ACCORDANCE WITH SECTION 3.2.1 OF THE DECLARATION OF CONDOMINIUM, EACH UNIT SHALL INCLUDE THAT PART OF THE BUILDING THAT LIES WITHIN THE FOLLOWING BOUNDARIES: UPPER AND LOWER BOUNDARIES. THE UPPER AND LOWER BOUNDARIES OF THE UNIT SHALL BE THE FOLLOWING BOUNDARIES EXTENDED TO THEIR INTERSECTIONS WITH THE PERIMETER BOUNDARIES: UPPER BOUNDARIES. THE HORIZONTAL PLANE OF THE UNFINISHED LOWER SURFACE OF THE CEILING OF THE UNIT. LOWER BOUNDARIES. THE HORIZONTAL PLANE OF THE UNFINISHED UPPER SURFACE OF THE FLOOR OF THE UNIT. PERIMETER BOUNDARIES. THE PERIMETER BOUNDARIES OF THE UNIT SHALL BE THE VERTICAL PLANES OF THE UNFINISHED INTERIOR SURFACES OF THE DRYWALL WALLS BOUNDING THE UNIT AS DEPICTED ON THESE CONDOMINIUM DRAWINGS EXTENDED TO THEIR INTERSECTIONS WITH EACH OTHER AND WITH THE UPPER AND LOWER BOUNDARIES. B. PURSUANT TO SECTION 2.11 OF THE DECLARATION OF CONDOMINIUM. ?COMMON ELEMENTS? MEAN AND INCLUDE: (A) THE PORTIONS OF THE CONDOMINIUM PROPERTY WHICH ARE NOT INCLUDED WITHIN THE UNITS; (B) EASEMENTS OVER, UNDER. ACROSS. AND THROUGH UNITS FOR CONDUITS. DUCTS, PLUNGING. WIRING AND OTHER FACILITIES FOR THE FURNISHING OF UTILITY AND OTHER SERVICES TO THE UNITS AND THE COMMON ELEMENTS; (C) AN EASEMENT OF SUPPORT IN EVERY PORTION OF A UNIT WHICH CONTRIBUTES TO THE SUPPORT OF THE UNIT OR OTHER IMPROVEMENTS ON ALL OTHER UNITS, COMMON ELEMENTS OR LIMITED COMMON ELEMENTS; (0) THE PROPERTY AND INSTALLATIONS REQUIRED FOR THE FURNISHING OF UTILITIES AND OTHER SERVICES TO MORE THAN ONE UNIT (AS AND TO THE EXTENT APPLICABLE) OR TO THE COMMON ELEMENTS; (E) ANY HALLWAYS, FOYERS, DOORS, ELEVATORS. STAIRWELLS, ALARM SYSTEMS. ACCESS SYSTEMS, OR SECURITY SYSTEMS NOT CONTAINED WITHIN A SPECIFIC UNIT, OR DESIGNATED AS A LIMITED COMMON ELEMENT TO A SPECIFIC UNIT OR GROUP OF UNITS; AND (F) ANY OTHER PARTS OF THE CONDOMINIUM PROPERTY DESIGNATED AS COMMON ELEMENTS PURSUANT TO THE DECLARATION OF CONDOMINIUM OR THE FLORIDA CONDOMINIUM ACT. 9. PURSUANT TO SECTION 3.3 OF THE DECLARATION OF CONDOMINIUM, ?UNITED COMMON ELEMENTS? MEAN AND INCLUDE (A) ANY AREA(S) LABELED AS A LIMITED COMMON ELEMENT ON THESE CONDOMINIUM DRAWINGS AND CONTIGUOUS TO A UNIT OR IDENTIFIED AS BEING APPURTENANT TO A UNIT, SUCH AS, BUT NOT NECESSARILY UNITED TO, COVERED DECKS. BALCONIES AND LANAIS; (8) PARKING SPACES AS MAY BE ASSIGNED TO A PARTICULAR UNIT PURSUANT TO THE DECLARATION OF CONDOMINIUM (AS DEFINED IN THE DECLARATION OF CONDOMINIUM, EACH ?STANDARD UNIT? SHALL BE ASSIGNED I PARKING SPACE AND EACH ?PENTHOUSE UNIT? SHALL BE ASSIGNED 2 PARKING SPACES AS LIMITED COMMON ELEMENTS); (C) 1 ?BOAT SUP? (AS DEFINED IN THE DECLARATION OF CONDOMINIUM): (0) THE STRUCTURE(S) LOCATED ON A PORTION OF THE BUILDING OR OTHERWISE WITHIN THE CONDOMINIUM PROPERTY ON WHICH IS LOCATED ANY AIR-CONDITIONING EQUIPMENT WHICH SERVES THE UNIT; (E) ANY SECURITY INSTALLATION DESIGNED TO SERVE ONE PARTICULAR UNIT OR A GROUPING OF UNITS, TO THE EXCLUSION OF OTHER UNITS: AND (F) THE MAILBOX WHICH EXCLUSIVELY SERVES A UNIT. 10. THE CONDOMINIUM IMPROVEMENTS SHOWN HEREON ARE EXISTING KNOW IT NOW, INC. (OFTCE .2011 H OELWRO AVE.) NNL . 1497 MAIN St III= FLORIDA REG. 9 6912 DUNEDIN. FLORIDA, USA 34093 VOICE 727-415-3305 FAX 727-736-2455 INTERNET KNOWTNON.COM NOTES PAGE 2 OF 7 to H z m r m 0 0 K ro r 0 ro ?n n x N OD N I ro N N i?. PLAT BOOK _• PAGE _ MAJES TIC POINT, A CONDOMINIUM BEING A PART OF SECTION 08, TOWNSHIP 29 SOUTH, RANGE 15, EAST 0 10' 20' 40• B 7 B-B B-9 6-10-? B-6 B-11 srxE. r. to• B-< 6-5 ----1111. .? 8-12 B-13 ?. JJJ-------- 1 -r-+?? B-3 • + B-14 B-1 B-1 ? A ® A1K76 a6cN A44fRS ? ???o?Q?` ??? s d sw Roa O ® b?\ ??P? ??6?50 O P?J ® A"n PAWRS ® Acre Q QPG p Gf ?0 A? r h b b Or N "? S y? P P wry /A J Q. a 0. a c a/ i a as 4 ® g o i DECO AVERS -awA ~ DECO PAVERS o .? t tmo tors a ® ALT par PR°RErn uc w d g!n[? O F YApj 'u. R0094RE IE J O O A N 01 PKILAS COL? 02 'ax) - 7 .??{1/ a' tea. I `? PAha 17,O7C O1W. C WED 9-3-03 90- mow, N r Of S A DA C - JOW AE RCN NArr 4 Q. 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MAE . 1497 MAIN ST, 1771 FLORIOA REr. 1 6912 M94M FLOWOA, USA 74690 VOCE 777-413-6-306 FAX 727-736-7453 INTERNET NN0MTNON.COM ro H r C) 0 H ?C r 0 ro ro 00 r oti OD N r ro c? r N 0\ O3 PLAT BOOK PAGE MAJESTIC POINT, A CONDOMINIUM BEING A PART OF SECTION 08, TOWNSHIP 29 SOUTH, RANGE 15, EAST 1F?iD FLOOR - SMW RESM11TUL FLOOR o s' To* N. saLE. r. ,o' NO7E. CL - CLOSET UWITO COMMON ELCMD475 ADJACENT 70 THE UWT FOR a ICH THEY SEINE C.E. - COMMON ELEMENTS THE CONDOMINIUM IMPROVEMENTS SHOWN HEREON ARE EXISTING PAGE 5 [IF 7 KNOW IT NOW, INC. (OMCE .7011 HC10ELGERG AVE.) MAIL . 1497 MAM ST. µ21 FLORIDA REQ IT 9912 "EDW. FLORIO& USA 34a96 VOICE 727-CS-5305 FAX 777-736-2455 INTERNET KNOWTNOW.CCM ro H r C) 0 H K n7 r 0 M E? w x r Ol GO N I-? ro H+ N Ol J PLAT 8001( ,•_, PACE „_ MAJESTIC POINT, A CONDOMINIUM BEING A PART OF SECTION 08, TOWNSHIP 29 SOUTH, RANGE 15, EAST FOLMH FICCIR - TWO NNIV eIN1L FLOOR NOTE CL -CLOSET ® TO` HE uW(FOR N THEY ELEMENTS ADJSERVEACENT C.E. • COAWON ELEMENTS 0 S. TO' 20' SCALE: ?•. t0' THE CONDOMINIUM IMPROVEMENTS SHOWN HEREON ARE EXISTING PAGE 6 OF 7 KNOW IT NOW, INC. (UTICE .2011 HEIDCLWK AVE.) MML . 1497 MAN 37. /721 7LOROA REG. / 6917 DUNEDIN. flOR10A. USA 34695 VOICE 727-413-675 PAX 727-736-2453 INTERNET IOIOMTNOW.COM ro H z p7 r n 0 H ?G r 0 n od x 1? 01 Go N r ro c? N 0% OD PLAT BOOK - PACE _ MAJESTIC POINT, A CONDOMINIUM BEING A PART OF SECTION 08, TOWNSHIP 29 SOUTH, RANGE 15, EAST F7TM FLOW - FOURIM FfM9)aa%L PLOOIR 0 5• 1w 20' SCUT 1•- 10' fort ?D1iwo soi ..-. NOTE: CL - CLOSET EYTED COMMON ELEMENTS ADJACENT To i t -a ro w+.Cn nc sERK C.E. - COMMON ELEMENn THE CONDOMINIUM IMPROVEMENTS SHOWN HEREON ARE EXISTING PAGE 7 OP 7 KNOW IT NOW, INC. (01TK:E -1011 NDDELF£RO AK.) MAX. s 1497 MAW ST. E321 FLOR10A REG. E 0912 DUNEDIN, 7LMDA. USA WO v= 717-415-9705 EAX 727-730-1455 WTERNET KNOMMDw.COM ro H z 01 r C) H K r 0 11 hj Vj ?o x co N N ro c? N O1 to PINELLAS COUNTY FL OFF. REC. BK 16821 PG 1270 EXHIBIT NO. 2 TO DECLARATION OF CONDOMINIUM PINELLAS COUNTY FL OFF. REC. HK 16821 PG 1271 850-617-6381 1/20/2010 5:09:35 PM PACE 1/002 Fax Server f tatc. 1.110r lba trvartment of Otate I certify the attached is a true and correct copy of the Articles of Incorporation of MAJESTIC POINT CONDOMINIUM ASSOCIATION, INC., a Florida corporation, filed on January 19, 2010, as shown by the records of this office. I further certify the document was electronically received under FAX audit number H10000011822. This certificate is issued in accordance with section 15.16, Florida Statutes, and authenticated by the code noted below The document number of this corporation is N10000000559. Authentication Code: 510A00001606-012010-N10000D00559-1/1 Given under my hand and the Great Seal of the State of Florida, at Tallahassee, the Capital, this the Twentieth day of January, 2010 f Jkurt 6. Arotmnina $bzrrrtarp Of gate PINELLAS COUNTY FL OFF. REC. BK 16821 PC 1272 850-617-6381 1/20/2010 5:09:35 PM PACE 2/002 Fax Server January 20, 2010 FLORMA DEPARTMENT OF STATE Ihvnion of Corporations MAJESTIC POINT CONDOMINIUM ASSOCIATION, INC. 15550 MCGREGOR BLVD., SUITE 101 FT. MYERS, FL 33908 The Articles of Incorporation for MAJESTIC POINT CONDOMINIUM ASSOCIATION, INC. were filed on January 19, 2010, and assigned document number N10DD0000559. Please refer to this number whenever corresponding with this office. Enclosed is the certification requested. To be official, the certification for a certified copy must be attached to the original document that was electronically submitted and filed under FAX audit number 810000011822. A corporation annual report/uniform business report will be due this office between January 1 and May 1 of the year following the calendar year of the file/effective date year. A Federal Employer Identification (FEI) number will be required before this report can be filed. Please apply NOW with the Internal Revenue Service by calling 1-800-829-4933 and requesting form SS-4 or by going to their website at www.irs.ustreas.gov. Please be aware if the corporate address changes, it is the responsibility of the corporation to notify this office. Should you have questions regarding corporations, please contact this office at (850) 245-6995. Wanda Cunningham Regulatory Specialist II New Filings Section Division of Corporations Letter Number: SlOA00001606 P.O BOX 6327 - Tallahassee, Flonda 32314 PINELLAS COUNTY FL OFF. REC. BK 16821 PG 1273 Audit No. H 10000011822 3 ARTICLES OF INCORPORATION OF MAJESTIC POINT CONDOMINIUM ASSOCIATION, INC. THE UNDERSIGNED INCORPORATOR, being a natural person competent to contract, for the purpose of forming a corporation not-for-profit under the laws of the State of Florida, does hereby adopt, subscribe and acknowledge the following Articles of Incorporation. ARTICLE 1: PURPOSE AND POWERS The name of the corporation shall be MAJESTIC POINT CONDOMINIUM ASSOCIATION, INC. For convenience, the corporation shall be referred to in this instrument as the "Corporation." Section 1 Purpose. The purpose for which the Corporation is organized is to provide an entity for the operation and governance of Majestic Point, A Condominium (the "Condominium"), located upon lands in Pinellas County, Florida, said property being described in the duly recorded Declaration of Condominium applicable thereto. The Corporation shall not be operated for profit and shall make no distribution of income to its members, directors or officers. Section 2 Powers. The Corporation shall have oil of the common-law and statutory powers of a corporation not-for-profit which are not in conflict with the terms of these Articles. The Corporation shall have all of the powers and duties contemplated in the Declaration of Condominium and the Florida Condominium Act together with all of the powers and the duties reasonably necessary to operate the Condominium pursuant to the Declaration as it may be amended from time to time, and such other documents or agreements that may exist from time to time pertaining to the Condominium. The powers and duties, which the fay-laws may set forth in more detail, shall include, but shall not be limited to, the following specific powers and duties: (a) To make and collect Assessments against members as Unit Owners to defray the costs, expenses and losses of the Condominium, and to make such other Special Assessments against Unit Owners as the Declaration of Condominium shall provide, and to enforce such levy of Assessments through a lien and the foreclosure thereof or by other action pursuant to the Declaration of Condominium. (b) To use the proceeds of the Assessments in the exercise of its powers and duties, and as provided in the Declaration of Condominium. (c) To maintain, repair, replace and operate the Condominium Property. (d) To purchase insurance and enter into contracts for services, utilities and other purposes as may be deemed appropriate. Property. le) To reconstruct improvements after casualty and further improve the Condominium (f) To make and amend reasonable rules and regulations. 15938663.2 PINELLAS COUNTY FL OFF. REC. BK 16821 PG 1274 Audit No. H 10000011822 3 (g) To perform such functions as may be specified in the Declaration of Condominium and the By-lows. (h) To enforce by legal means the provisions of the Florida Condominium Act, the Declaration of Condominium, these Articles, the By-Lows of the Corporation and such rules and regulations as may be promulgated. (i) To employ personnel to perform the services required for proper operation of the Condominium. (j) To lease, maintain, repair and replace the Common Elements as some are defined in the Declaration of Condominium, and to enter into license agreements for the use of parking spaces as contemplated in the Declaration. (k) To acquire or enter into agreements acquiring leaseholds, memberships or other possessory or use interests in lands or facilities and to pay the rental, membership fees, operational, replacement and other expenses as Common Expenses. (1) To purchase a Unit or Units of the Condominium for any purpose and to hold, lease, mortgage or convey such Units on terms and conditions approved by the Board of Directors. (m) To exercise such other power and authority to do and perform every act and thing necessary and proper in the conduct of its business for the accomplishment of its purposes as set forth herein and as permitted by the applicable laws of the State of Florida. (n) To contract for the management and maintenance of the Condominium Property and to authorize a management agent to assist the Corporation in carrying out its powers and duties by performing such functions as the submission of proposals, collection of Assessments, and other sums due from Unit Owners, preparation of records, enforcement of rules and maintenance, repair and the replacement of the Common Elements with funds as shall be made available by the Corporation for such purposes. The Corporation and its officers shall, however, retain at all times the powers and duties granted by the Condominium documents and the Florida Condominium Act, including, but not limited to, the making of Assessments, promulgation of rules and execution of contracts on behalf of the Corporation. (o) To bring suit as may be necessary to protect the Corporation's interests, the interests of the Corporation's Members, or the Condominium Property. SKIFF POINT PROPERTIES, LLC, a Florida limited liability company, shall make and declare or has made and declared a certain Declaration of Condominium submitting to condominium ownership certain property described therein under the terms, covenants, and conditions expressed more fully therein; the Condominium is to be known as MAJESTIC POINT, A CONDOMINIUM. The term for which this Corporation shall exist shall be perpetual. 15938663.2 PINELLAS COUNTY FL OFF. REC. BK 16821 PG 1275 Audit No. H 10000011822 3 ARTICLE V: INCORPQRATOR The name and address of the incorporator of this Corporation is as follows: Robert S. Freedman Carlton Fields, P.A. 4221 W. Boy Scout Boulevard, Suite 1000 Tampa, Florida 33607 The officers of the Corporation shall be a President, Vice President, Secretary and Treasurer and such other officers as the Board of Directors may from time to time determine. The officers of this. Corporation shall be elected for a term of one year, and until a successor shall be elected and qualified, by the Board of Directors at their annual meeting and in accordance with the provisions provided therefor in the By-laws of the Corporation. Until transfer of the control of the Corporation to the Unit Owners other than the Developer has been accomplished, the officers need not be directors or members. The names of the persons who shall serve as the first officers are: Charles E. Brosington President Brian Anderson Vice President Dean Howe Secretary-Treasurer ARTICLE VII DIRECTORS The affairs of the Corporation shall be managed by a Board of Directors composed of not less than 3 directors. Until control of the Corporation is transferred to Unit Owners other than the Developer, the Developer shall be entitled to designate non-member directors to the extent permitted by the Florida Condominium Act. Except for non-member directors appointed by the Developer, all directors shall be elected at the annual membership meeting of the Corporation. The first Board of Directors shall be comprised of 3 persons who shall serve until their respective successors ore elected (or designated) and qualified. The names and addresses of the members of the Board of Directors who shall serve as the first directors are: Charles E. Brosington 15550 McGregor Blvd, Suite 101 Fort Myers, Florida 33908 Brian Anderson 15550 McGregor Blvd, Suite 101 Fort Myers, Florida 33908 Dean Howe 15550 McGregor Blvd, Suite 101 Fort Myers, Florida 33908 15938663.2 3 PINELLAS COUNTY FL OFF. REC. BK 16821 PG 1276 Audit No. H 10000011822 3 ARTICLE Vitt: BY-LAWS The initial By-Laws of the Corporation shall be attached as on exhibit to the Declaration of Condominium for the Condominium and shall be adopted by the first Board of Directors. ARTICLE IX: MEMBERS Membership in the Corporation shall automatically consist of and be limited to all of the record owners of Units in the Condominium. Transfer of Unit ownership, either voluntary or by operation of law, shall terminate membership in the Corporation and said membership is to become vested in the transferee. If Unit ownership is vested in more than one person then all of the persons so owning said Unit shall be members eligible to hold office, attend meetings, etc. The Owner of a Penthouse Unit shall be entitled to cast 2 votes on Association matters. The Owner of a Standard Unit shall be entitled to cost 1 vote on Association matters. The manner of designating voting members and exercising voting rights shall be determined by the By-Lows. Amendments to these Articles of Incorporation shall be made in the following manner: (a) The Board of Directors shall adopt a resolution setting forth the proposed amendment and, if there are members of the Corporation, the Board shall direct that it be submitted to a vote at a meeting of the members, which may be either the annual or a special meeting. If there are no members of the Corporation, the amendment shall be adopted by a vote of the majority of directors and the provisions for odoption by members shall not apply. (b) Written notice setting forth the proposed amendment or a summary of the changes to be effected thereby shall be given to each member of record entitled to vote thereon within the time and in the manner provided herein for the giving of notice of meetings of members. If the meeting is an annual meeting, the proposed amendment or such summary may be included in the notice of such annual meeting. (c) At such meeting, a vote of the members entitled to vote thereon shall be taken on the proposed amendment. The proposed amendment shall be adopted upon receiving the affirmative vote of a majority of the total Voting Interests. No amendment to these Articles of Incorporation shall be made which affects any of the rights and privileges provided to the Developer in the Condominium documents without the written consent of the Developer. ARTICLE XI: PRINCIPAL PLACE OF BUSINESS The principal place of business of the Corporation shall be 15550 McGregor Blvd, Suite 101, Fort Myers, Florida 33908, or of such other place or places as may be designated from time to time. ARTICLE XII: REGISTERED OFFICE AND AGENT The street address of the initial registered office of the Corporation and the name of the initial registered agent at that address are: 15938663.2 PINELLAS COUNTY FL OFF. REC. BK 16821 PG 1277 Audit No. H 10000011822 3 CFRA, LLC 4221 W. Boy Scout Boulevard, Suite 1000 Tompo, Florida 33607 The Corporation shall indemnify every director and every officer, his heirs, executors and administrators, against all loss, cost and expense reasonably incurred by him in connection with any action, suit or proceeding to which he may be mode a party by reason of his being or having been a director or officer of the Corporation, including reasonable counsel fees, except as to matters wherein he shall be finally adjudged in such action, suit or proceedings to be liable for or guilty of gross negligence or willful misconduct. The foregoing rights shall be in addition to and not exclusive of all other rights to which such director or officer may be entitled. IN WITNESS WHEREOF, the subscribing Incorporator hos hereunto set his hand and seal and caused these Articles of Incorporation to be executed this cloy of January, 2010. Rober Freedman, Incorporator STATE OF FLORIDA COUNTY OF HILLSBOROUGH Ilk The foregoing instrument was acknowledged before me this day of January, 2010, by Robert S. Freedman, being known to me to be the person who executed the foregoing Articles of Incorporation of MAJESTIC POINT CONDOMINIUM ASSOCIATION, INC. He is personally known to me. My Commission Expires: igns u ,01 ??\\i )AFFIX NOTARY SEAL) Name:l (Legibly Printed) AdEfth. 11EMA 14RRA-LUNMNII QP N@Mry P*k - R M N rMtW Notary Public, State of Florida tw Cowes. Erylna F* t, MS CowaMUbn I OD ISI110 1o"oietnrouperrao"'r1'? (Commission Number, if any) 15938663.2 PINELLAS COUNTY FL OFF. REC. BK 16821 PG 1278 Audit No. H 10000011822 3 ACCEPTANCE OF DESIGNATION OF REGISTERED AGENT The undersigned, having been named as registered agent and to accept service of process for MAJESTIC POINT CONDOMINIUM ASSOCIATION, INC.., hereby accepts the appointment as registered agent and agrees to act in such capacity. The undersigned Further agrees to comply with the provisions of all stotutes relating to the proper and complete performance of his dviies and is familiar with and accepts the obligations of his position as registered agent. CFRA, 11 , Registered Agent By: Robert S. Freedman 15938683.2 PINELLAS COUNTY FL OFF. REC. BK 16821 PG 1279 EXHIBIT NO. 3 TO DECLARATION OF CONDOMINIUM PINELLAS COUNTY FL OFF. REC. BK 16821 PG 1280 BY-LAWS OF MAJESTIC POINT CONDOMINIUM ASSOCIATION, INC. ARTICLE li IDENTITY MAJESTIC POINT CONDOMINIUM ASSOCIATION, INC. ("Association") is a not-For-profit corporation, organized and existing pursuant to the laws of the State of Florida for purposes of operating and administering the Majestic Point, A Condominium located in Pinellas County, Florida ("Condominium"). Section 1. Principal Office. The principal office of the Association shall be at 15550 McGregor Boulevard, Suite 101, Fort Myers, Florida 33908, or at such other place as may be subsequently designated by the Board of Directors of the Association. Section 2. Definitions. As used herein, the word "Condominium Association" shall be the equivalent of "Association," as defined in the Declaration of Condominium to which these By-Laws are attached, and all other terms used herein shall have the some definitions as attributed to them in said Declaration of Condominium. As used herein, in the Declaration of Condominium, or in the Florida Condominium Act, the terms "Board of Directors" and "Board of Administration" shall be synonymous. ARTICLE 11• MEMBERSHIP AND VOTING PROVISIONS Section 1. Membership in the Association. Membership in the Association shall be limited to Owners of Units in the Condominium. Transfer of Unit ownership, either voluntary or by operation of law, shall terminate membership in the Association, and said membership shall become vested in the transferee. If Unit ownership is vested in more than one person, then all of the persons so owning said Unit shall be members eligible to hold office, attend meetings, etc., but, as hereinafter indicated, the vote of a Unit shall be cost by the "voting member." If Unit ownership is vested in a corporation, general partnership, limited partnership, limited liability company or other entity (for purposes herein, the foregoing are collectively defined as an "J;nfLty"), said Entity shall designate an individual as its "voting member" pursuant to the provisions of Section 5 of this Article. Any application for the transfer of membership, or for a conveyance of an interest in, or to encumber or lease a Condominium Parcel, where the approval of the Board of Directors is required by these By-Laws and the Declaration, shall be accompanied by application fee in an amount to be set by the Association to cover the cost of contacting the references given by the applicant and such other costs of investigation that may be incurred. Section 2. Vofina. (A) The Owner(s) of each Standard Unit shall be entitled to one vote for each Standard Unit owned, and the Owner(s) of a Penthouse Unit shall be entitled to two votes for each Penthouse Unit owned. Any 2 Units which have been combined into one combined living area shall be deemed to be 2 Units (as if they had not been so combined) and shall therefore be entitled to the votes attributable to such Units, as determined based upon whether the Units ore Standard Units or Penthouse Units. In no manner shall a Penthouse Unit be considered to be the combination of more then one Unit for purposes of voting. The vote of a Unit shall not be divisible. (B) A majority of the members who are present in person or by proxy pursuant to applicable Florida low and are entitled to vote under Section 5 of this Article at a meeting at which a quorum is present shall decide any question (except the election of members of the Board of Directors which 15938711.2 PINELLAS COUNTY FL OFF. REC. BK 16821 PG 1281 must be by written ballot or voting machine), unless the Declaration, Articles of Incorporation, By-Laws, or agreement entered into by the Association provides otherwise, in which event the voting percentage required in said documents shall control. Section 3. Quorum. The presence in person, or by limited or general proxy pursuant to applicable Florida law, of a majority of the members entitled to vote under Section 5 hereof shall constitute a quorum. Section 4. Proxies. Votes may be cost in person or may be cast by limited or general proxy in certain circumstances in accordance with applicable Florida law. All proxies shall be in writing and signed by the person entitled to vote (as set forth below in Section 5) and shall be filed with the secretary of the Association not less than 3 days prior to the meeting in which they are to be used. Proxies shall be valid only for the particular meeting designated therein. Where a Unit is owned jointly by a husband and wife, and if they hove not designated one of them as a voting member, a proxy must be signed by both husband and wife where a third person is designated. Section 5. Designation of Voting Member. If a Unit is owned by one person, such person's right to vote shall be established by the recorded title to the Unit. If a Unit is owned by more than one person, the person entitled to cast the vote for the Unit shall be designated in a certificate, signed by all of the recorded Owners of the Unit and filed with the secretary of the Association. If a Unit is owned by on Entity, the individual entitled to cast the vote of the Unit for such Entity shall be designated in a certificate for this purpose, signed by (a) in the case of a corporation, the president or vice president, attested to by the secretary or assistant secretary of the corporation, (b) in the case of a general partnership, the general partners, (c) in the case of a limited partnership, the general partner(s) thereof on behalf of the limited partnership (if the general partner is a corporation, the president or vice president of such corporation shall execute such certificate and the secretary of such corporation shall attest thereto), (d) in the case of a limited liability company, the manager thereof, or (e) in the case of a legal entity other than as described above, the individual authorized to execute the certificate in accordance with such legal entity's governing documents. Such certificate shall be filed with the secretary of the Association. The person designated in such certificate who is entitled to cast the vote for a Unit shall be known as the "voting member." If such a certificate is required and is not filed with the secretary of the Association for a Unit owned by more than one person or by an Entity, the vote of the Unit concerned may not be cast and shall not be considered in determining the requirement for a quorum or for any purpose requiring the approval of a person entitled to cast the vote for the Unit. Unless the certificate shall otherwise provide, such certificates shall be valid until revoked or until superseded by a subsequent certificate, or until a change in the ownership of the Unit concerned. Notwithstanding the foregoing, if a Unit is owned jointly by a husband and wife, the following 3 provisions are applicable thereto: certificate. (A) They may, but they shall not be required to, designate a voting member by (B) If they do not designate a voting member, and if both are present at a meeting and are unable to concur in their decision upon any subject requiring a vote, they shall lose their right to vote on that subject at that meeting. (C) Where they do not designate a voting member, and only one is present at a meeting, the person present may cast the Unit vote, just as though he or she owned the Unit individually, and without establishing the concurrence of the absent person. 1593871 1.2 -2- PINELLAS COUNTY FL OFF. REC. BK 16821 PG 1282 ARTICLE III: MEETINGS OF THE MEMBERSHIP Section 1. Place. All meetings of the Association membership shall be held at such place and at such time as shall be designated by and stated in the notice of the meeting. Section 2. Notices. It shall be the duty of the secretary to (a) mail, hand deliver or electronically transmit a written notice of each annual or special meeting, stating the time and place thereof and an identification of agenda items to each Unit Owner of record at least 14 but not more than 30 days prior to such meeting, and (b) post at a conspicuous place on the property a copy of the notice of said meeting at least 14 continuous days preceding said meeting (in the alternative to posting, or as an addition to posting, the Association may, in accordance with reasonable rules promulgated in accordance with these By-Laws, post and repeatedly broadcast the notice and the agenda on a closed-circuit cable television system, in accordance with the applicable provisions of Section 718.1 12, Florida Statutes). Notice of any annual or special meeting shall state the purpose thereof and said meeting shall be confined to the matters stated in said notice. All notices shall be mailed, hand delivered or electronically transmitted to the address of the Unit Owner last furnished to the Association and shall be posted and/or broadcast as hereinbefore set forth. An officer of the Association shall provide an affidavit, to be included in the official records of the Association, affirming that notices of the Association meeting were mailed, hand delivered or electronically transmitted in accordance with this section, to each Unit Owner at the address last furnished to the Association. Notices of meetings of the membership may be delivered by electronic transmission to Owners who consent to receive notice in such manner. Section 3. Annual Meeting. The annual meeting for the purpose of electing directors and transacting any other business authorized to be transacted by the members shall be held once in each calendar year at such time and on such date in each calendar year as the Board of Directors shall determine. Notice of such meeting shall be provided in accordance with applicable provisions of Section 718.1 12, Florida Statutes. At the annual meeting, the members shall elect, by plurality vote, a Board of Directors and shall transact such other business as may have been stated in the notice for said meeting. The election of the Board of Directors at the annual meeting shall be conducted in accordance with applicable provisions of the Florida Condominium Act. Cumulative voting shall be prohibited. Section 4. Special Meeting. Special meetings of the members for any purpose or purposes, unless otherwise prescribed by statute, may be called by the president, and shall be called by the president or secretary at the request in writing of a majority of the Board of Directors. Except for the purpose of removing a director governed by the provisions of Section 3 of Article IV hereof, a special meeting must be called by the president or secretary upon the request in writing of voting members representing 10% of the members' total Yates, which request shall state the purpose or purposes of the proposed meeting. Business transacted at all special meetings shall be confined to the matters stated in the notice thereof. Section 5. Waiver and Consent. Any approval by Unit Owners called for by the Florida Condominium Act, the Declaration or these By-Laws shall be made at a duly noticed meeting of Unit Owners and shall be subject to all requirements of the Florida Condominium Act or the Declaration relating to Unit Owner decision making, except that Unit Owners may take action by written agreement, without meetings, on any matters for which the vote of members at a meeting is required or permitted by any provision of these By-laws, or on matters for which action by written agreement without meeting is expressly allowed by the Declaration, or any Florida statute which provides for Unit Owner action. Section 6. Adjourned Meeting. If any meeting of members cannot be organized because o quorum of voting members is not present, either in person or by proxy, the meeting may be adjourned from time to time until a quorum is present. 1593871 1.2 - 3 - PINELLAS COUNTY FL OFF. REC. BK 16821 PG 1283 Section 7. Approval or Disop2rovol. Approval or disapproval of a Unit Owner upon any matter, whether or not the subject of an Association meeting, shall be by the voting members; provided, however, that where a Unit is owned jointly by a husband and wife, and they have not designated one of them as a voting member, their joint approval or disapproval shall be required where they are both present, or in the event only one is present, the person present may cast the vote without establishing the concurrence of the absent person. ARTICLE IV: DIRECTORS Section 1. Number. Term and Qualifications; Transfer of Control. The affairs of the Association shall be governed by a Board of Directors, serving without compensation, composed of not less than 3 nor more than 5 directors. There shall never be less than 3 directors. The term of each director's service shall extend until the next annual meeting of the members, and such Board members may stand for reelection unless otherwise permitted by these Bylaws, and thereafter until his successor is duly elected and qualified, or until he is removed in the manner provided in Section 3 below. All directors shall be members of the Association; provided, however, that all directors that the Developer is entitled to elect or designate need not be members. The individual designated as the voting member for a Unit owned by on Entity shall be deemed to be o member of the Association so as to qualify to become a director of the Association. In accordance with the Florida Condominium Act, unit owners other than the Developer, at such time as such owners own 15% or more of the units in the Condominium, are entitled to elect no less than one-third of the members of the board of directors. Unit owners other than the Developer are entitled to elect not less than a majority of the members of the Board of Directors (a) 3 years after 50 percent of the units in the Condominium have been conveyed to purchasers; (b) 3 months after 90 percent of the units in the Condominium have been conveyed to purchasers; (c) when all the units that will be operated ultimately by the Association have been completed, some of them have been conveyed to purchasers, and none of the others are being offered for sale by the Developer in the ordinary course of business; (d) when some of the units have been conveyed to purchasers and none of the others are being constructed or offered for sale by the Developer in the ordinary course of business; (e) when the Developer files a petition seeking protection in bankruptcy; (f) when a receiver for the Developer is appointed by a circuit court and is not discharged within 30 days after such appointment; (g) 7 years after recordation of the Declaration; or (h) upon such time as the Developer shall determine in its sole discretion. Developer is entitled (but not obligated) to elect at least 1 member of the Board of Directors as long as the Developer holds for sole in the ordinary course of business 5% of the Units that will be operated ultimately by the Association. Following the time the Developer relinquishes control of the Association, the Developer may exercise the right to vote any Developer-owned Units in the some manner as any other Unit Owner except for purposes of reacquiring control of the Association or selecting the majority members of the Board of Directors. Section 2. First Board of Directors. The first Board of Directors named in the Articles of Incorporation shall hold office and serve until their successors have been elected and qualified. Section 3. Removal of Directors. Any removal of a director or directors of the Board by recall shall be done in accordance with the provisions of Section 718.112(2)(1), Florida Statutes, or the rules promulgated thereunder, or in accordance with any other applicable provisions of the Florida Condominium Act. Section 4. Vgconcies on Directorate. If the office of any director or directors becomes vacant by reason of death, resignation, retirement, disqualification or otherwise or should a vacancy be created by on enlargement of the Board or should a director be removed by the procedure of Section 3 of this Article and a successor not be elected at the meeting, a majority of the remaining directors, though less than a 1593871 1.2 - 4 - PINELLAS COUNTY FL OFF. REC. BK 16821 PG 1284 quorum, shall choose a successor or successors, who shall hold office for the balance of the unexpired term in respect to which such vacancy occurred. The election held for the purpose of filling said vacancy may be held at any regular or special meeting of the Board of Directors. Notwithstanding the above, only the Developer may elect to fill a vacancy on the Board previously occupied by a Board member elected or appointed by the Developer, in which case a quorum for purposes of that election shall consist of a majority of Units owned by the Developer. Only Unit Owners other than the Developer may elect to fill a vacancy on the Board previously occupied by o Board member elected or appointed by Unit Owners other than the Developer. Section 5. Disqualification and Resignation of Directors. Any director may resign at any time by sending a written notice of such resignation to the secretary of the Association. Unless otherwise specified therein, such resignation shall take effect upon receipt thereof by the secretary. Commencing with the directors elected by the Unit Owners other than the Developer, the transfer of title of the Unit owned by a director shall automatically constitute a resignation, effective when such resignation is accepted by the Board of Directors. Section 6. Regular Meetings. The Board of Directors may establish a schedule of regular meetings to be held at such time and place as the Board of Directors may designate. Notice of such regular meetings (which shall specifically incorporate an identification of agenda items) shall, nevertheless, be given to each director personally or by mail, telephone or telegraph at least 5 days prior to the day named for such meeting and shall be posted in accordance with the procedures of Section 718.112, Florida Statutes. Section 7. Special Meeting. Special meetings of the Board of Directors may be called by the president, and in his absence, by the vice president or secretary, or by a majority of the members of the Board of Directors, by giving 5 days' notice, in writing which shall specifically incorporate an identification of agenda items, to all of the members of the Board of Directors of the time and place of said meeting and shall be posted in accordance with the procedures of Section 718.112, Florida Statutes. All notices of special meetings shall state the purpose of the meeting. Section B. Directors' Waiver of Notice. Before or at any meeting of the Board of Directors, any director may waive notice of such meeting and such waiver shall be deemed equivalent to the giving of notice. Attendance by a director at any meeting of the Board shall be a waiver of notice by him of the time and place thereof. If all of the directors are present at any meeting of the Board, no notice shall be required and any business may be transacted at such meeting. Owners shall be given proper notice pursuant to applicable Florida law. Section 9. Quorum. At all meetings of the Board of Directors, a majority of the directors constitute a quorum for the transaction of business, and the acts of the majority of the directors present at such meetings at which a quorum is present shall be the acts of the Board of Directors. If at any meeting of the Board of Directors there be less than a quorum present, the majority of those present may adjourn the meeting from time to time. At such adjourned meeting, and provided a quorum is then present, any business may be transacted which might have been transacted at the meeting as originally called. Proper notice of any adjourned meeting shall be given in accordance with applicable Florida law. Section 10. Notice of Board Meetings. All Board meetings, regular or special, shall be properly noticed pursuant to applicable Florida low. (which may include delivery of notices by electronic transmission to Owners who consent to receive notice in such manner) 1593871 1.2 - 5 . PINELLAS COUNTY FL OFF. REC. BK 16821 PG 1285 Section 11. Notice to Developer. Until the earlier of (a) December 31, 2013, or (b) the date upon which Developer no longer owns any units in the Condominium, the Developer shall be entitled to attend the director's meetings and it may designate such person(s) as it desires to attend such meetings on its behalf. Such entitlement may be cancelled by Developer by delivering written notice to the Association. Section 12. Powers and Duties. The Board of Directors shall have the powers and duties necessary for the administration of the affairs of the Association and may do all such acts and things as are not by low or by the Declaration, or these By-laws, directed to be exercised and done by Unit Owners. These powers shall specifically include, but shall not be limited to, the following: (A) To exercise all powers specifically set forth in the Declaration, the Articles of Incorporation, these By-laws, and in the Florida Condominium Act, and all powers incidental thereto. (B) To adopt a budget and make and collect Assessments, including Special Assessments, enforce a lien for nonpayment thereof, and use and expend the Assessments to carry out the purposes and powers of the Association, subject to the provisions of the Declaration to which these By-laws are attached and, where applicable, recognizing obligations of the Association contained in the provisions of the Declaration. The Board of Directors shall also have the power to levy a fine against the Owner of a Unit for the purposes specified in the Declaration. (C) To employ, dismiss and control the personnel necessary for the maintenance and operation of the Condominium, including the right and power to employ attorneys, accountants, contractors, and other professionals, as the need arises, subject to any applicable provisions of the Declaration. (D) To make and amend regulations respecting the operation and use of the Common Elements and Condominium Property and facilities and the use and maintenance of the Units therein. (E) To contract for the management and maintenance of the Condominium Property and to authorize a management agent to assist the Association in carrying out its powers and duties by performing such Functions as the submission of proposals, collection of Assessments and other sums due from Unit Owners, preparation of records, enforcement of rules and maintenance, repair and replacement of the Common Elements with funds as shall be made available by the Association for such purposes. The Association, its directors and officers shall, however, retain at all times the powers and duties granted by the Condominium documents and the Florida Condominium Act, including, but not limited to, the making of Assessments, promulgation of rules and execution of contracts on behalf of the Association. (F) To enter into agreements acquiring leaseholds, memberships or other possessory or use interests regarding recreation area(s) and facilities for the use and enjoyment of the members of the Association as provided for in the Declaration. (G) To further improve the Condominium Property, both real and personal, and the right to purchase realty and items of furniture, furnishings, fixtures and equipment for the foregoing, and the right to acquire and enter into agreements pursuant to the Florida Condominium Act, subject to the provisions of the Declaration and these By-lows. (H) To enter into such agreements or arrangements, as deemed appropriate, with such firms or companies as it may deem for and on behalf of the Unit Owners to provide certain services and/or maintenance otherwise the individual responsibility of the Unit Owners and to increase the Assessments due or otherwise charge each Unit Owner a share of the amount charged for said maintenance and service. 1593871 1.2 -6. PINELLAS COUNTY FL OFF. REC. BK 16821 PG 1286 (1) To designate one or more committees which, to the extent provided in the resolution designating said committee, shall have the powers of the Board of Directors in the management and affairs and business of the Association. Such committee shall consist of at least 3 members of the Association. The committee or committees shall have such name or names as may be determined from time to time by the Board of Directors, and said committee(s) shall keep regular minutes of their proceedings and report the same to the Board of Directors, as required. Section 13. Proviso. The validity of any delegation of power and/or duty by the Board of Directors, as hereinbefore provided, shall not affect the remainder of said delegations, or the other provisions of these By-laws or the Condominium documents and its exhibits. Section 1. Elective Officers. The principal officers of the Association shall be a President, a Vice President, a Secretary and a Treasurer, all of whom shall be elected by the Board of Directors and shall serve without compensation. One person may not hold more than one of the aforementioned offices, except one person may be both Secretary and Treasurer. The President and Vice President shall be members of the Board of Directors. Notwithstanding the foregoing, the restriction as to one person holding only one of the aforementioned offices or the President and Vice President being members of the Board of Directors shall not apply until control of the Association shall be transferred to the Unit Owners other than the Developer. Section 2. Election. The officers of the Association designated in Section 1 above shall be elected annually by the Board of Directors at the organizational meeting of each new Board following the meeting of the members. Officers may be elected by secret ballot pursuant to applicable Florida law. Section 3. Appointive Officers. The Board may appoint assistant secretaries and assistant treasurers and such other officers as the Board of Directors deems necessary. Section 4. Term. The officers of the Association shall hold office until their successors are chosen and qualified in their stead. Any officer elected or appointed by the Board of Directors may be removed at any time, with or without cause, by the Board of Directors; provided, however, that no officer shall be removed except by the affirmative vote for removal by a majority of the whole Board of Directors. If the office of any officer becomes vacant for any reason, the vacancy shall be filled by the Board of Directors. Section 5. The President. The President shall be the chief executive officer of the Association. He shall preside at all meetings of the Unit Owners and of the Board of Directors. He shall have executive powers and general supervision over the affairs of the Association and other officers. He shall sign all written contracts to perform all of the duties incident to his office and which may be delegated to him from time to time by the Board of Directors. Section 6. The Vice President. The Vice President shall perform all of the duties of the President in his absence and such other duties as may be required of him from time to time by the Board of Directors. Section 7. The Secretary. The Secretary shall issue notices of all Board of Directors' meetings and all meetings of the Unit Owners; he shall attend and keep the minutes of same; he shall have charge of all of the Association's books, records and papers, including roster of members and mortgagees except 15938711.2 -7- PINELLAS COUNTY FL OFF. REC. BK 16821 PG 1287 those kept by the Treasurer. If appointed, an assistant secretary shall perform the duties of the Secretary when the Secretary is absent. Section 8. The Treasurer. (A) The Treasurer shall have custody of the Association's funds and securities and shall keep full and accurate accounts of receipts and disbursements in books belonging to the Association, and shall deposit all monies and other valuable effects in the name of and to the credit of the Association in such depositories as may be designated from time to time by the Board of Directors. The books shall reflect an account for each Unit which shall designate the name and current moiling address of the Unit Owner, the amount of each Assessment, the dates and amounts in which the Assessment come due, the amount paid upon the account and the balance due. (B) The Treasurer shall disburse the funds of the Association as may be ordered by the Board of Directors in accordance with these By-lows, making proper vouchers for such disbursements, and shall render to the President and Board of Directors at the regular meetings of the Board of Directors, or whenever they may require it, an account of all of his transactions as the Treasurer and of the financial condition of the Association. (C) The Treasurer shall collect the Assessments and shall promptly report the status of collections and of all delinquencies to the Board of Directors and, when requested, to the Developer or other entity designated by the Board of Directors. (D) The Treasurer shall give status reports to potential transferees on which reports the transferees may rely. (E) If appointed, an assistant treasurer shall perform the duties of the Treasurer when the Treasurer is absent. Section 9. Proviso. Notwithstanding any provisions to the contrary in these By-Laws, the Association shall maintain separate accounting records for this Association, shall keep such records according to good accounting practices, shall open such records for inspection by Unit Owners or their authorized representatives at reasonable times and shall supply written summaries of such records at least annually to the Unit Owners or their authorized representatives. In the event the Board of Directors designates a Management Firm to operate the Condominium on behalf of the Association, said Management Firm shall be required to follow the aforesaid provisions. ARTICLE VI: FINANCES AND ASSESSMENTS Section 1. Depositories. The funds of the Association shall be deposited in such banks and depositories as may be determined by the Board of Directors from time to time upon resolutions approved by the Board of Directors and shall be withdrawn only upon checks and demands for money signed by such officer or officers of the Association as may be designated by the Board of Directors. Obligations of the Association shall be signed by at least 2 officers of the Association; provided, however, that the provisions of any Management Agreement, entered into by the Association and a Management Firm designated by the Association to operate the Condominium, relative to the subject matter in this Section 1 shall supersede the provisions hereof. The foregoing is further subject to the applicable provisions under the Declaration. 15938711.2 - 8 - PINELLAS COUNTY FL OFF. REC. BK 16821 PG 1288 Section 2. Fidelity Bonds. The Association shall obtain fidelity bonds for officers and directors of the Association and other individuals only to the extent required by applicable Florida law. Section 3. Fiscal Or Calendar Year. The Association shall be on a calendar year basis beginning on the first day of January of a particular year and ending on December 31 of the same year. Notwithstanding the Foregoing, the Board of Directors is authorized to change to a different fiscal year in accordance with the provisions and regulations from time to time prescribed by the Internal Revenue Code of the United States of America as such time as the Board of Directors deems it advisable. The setting of a fiscal year, as provided herein, shall not affect the applicable provisions of Article III, Section 3, of these By-Laws requiring an annual meeting in each calendar year. Section 4. Determination of Assessments. (A) The Board of Directors shall fix and determine from time to time the sum or sums necessary and adequate for the Common Expenses. Common Expenses shall include expenses for the operation, maintenance, repair or replacement of the Common Elements and the Limited Common Elements, cost of carrying out the powers and duties of the Association, all insurance premiums and expenses relating thereto, including fire insurance and extended coverage, obligations of the Association pursuant to the Declaration, water and sewer and any other expenses designated as Common Expenses from time to time by the Board of Directors, or under the provisions of the Declaration. The Board of Directors is specifically empowered, on behalf of the Association, to make and collect Assessments and to lease, maintain, repair and replace the Common Elements and Limited Common Elements; provided, however, the Association shall not charge any fee against a Unit Owner for the use of Common Elements or Association Property unless such use is the subject of a lease between the Association and the Unit Owner. Funds for the payment of Common Expenses shall be assessed against the Unit Owners in the proportions or percentages of sharing Common Expenses as provided in the Declaration and exhibits attached thereto. Said Assessments shall be payable monthly in advance and shall be due on the first (1st) day of each month in advance unless otherwise ordered by the Board*of Directors. Special Assessments, should such be required by the Board of Directors, shall be levied in the some manner as hereinbefore provided for regular Assessments and shall be payable in the manner determined by the Board of Directors. (B) All funds due from Unit Owners not as Common Expenses, including sums due as users of cable television service or pursuant to other applicable agreements or arrangements pertaining to all or substantially all Units, may be collected by the Association or its agents. (C) An annual budget and level of Assessment for Common Expenses sufficient to fund such budget shall be proposed and adopted by the Board of Directors. The Board shall mail, or cause to be mailed, to each Unit Owner a notice of the Board of Directors meeting at which the budget will be considered not less than 14 days prior to said meeting. Such notice shall include a copy of the proposed annual budget and Assessment as well as the time and place for the meeting which shall be open to the Unit Owners. If the Association shall fail for any reason to adopt a budget and authorize an Assessment prior to the beginning of the new fiscal year, the budget and assessment for the previous year shall be increased by 15% and shall continue in effect until changed by the Association. If the adopted budget requires an Assessment against the Unit Owners in any fiscal year exceeding 115% of the assessments for the preceding year, the Board, upon written application of 10% of the Unit Owners to the Board received within 21 days of adoption of the budget, shall call a special meeting of the Unit Owners within 60 days of such written application, and the Board shall provide not less than 14 days' written notice to each Unit Owner of such special meeting. At this special meeting, Unit Owners shall consider and enact a budget upon the vote of at least a majority of the total Voting Interests. If a special 1593871 1.2 -9- PINELLAS COUNTY FL OFF. REC. BK 16821 PG 1289 meeting of the Unit Owners has been called pursuant to this section and a quorum is not attained or a substitute budget is not adopted by the Unit Owners, the budget adopted by the Board shall go into effect as scheduled. In determining whether Assessments exceed 115% of similar Assessments in the preceding year, any authorized provisions for reasonable reserves for repair or replacement of the Condominium Property, anticipated expenses by the Association which are not anticipated to be incurred on a regular or annual basis, or assessments for betterments to the Condominium Property shall be excluded from the computation. However, as long as the Developer is in control of the Board of Directors, the Board shall not impose an assessment for any year greater than 115% of the prior fiscal year's Assessment without prior approval of at least a majority of the total Voting Interests. (D) All Assessments shall be payable to the Association, subject, however, to the provisions of a Management Agreement for as long as it shall remain in effect providing for collection of such Assessments directly by the Management Firm, and also subject to any specific applicable provisions in the Declaration. Section 5. Application of Payments and Comminalina of Funds. Reserve and operating funds collected by the Association or by the Management Firm may not be commingled in a single fund except for purposes of investment, in which event separate accountings must be maintained for each fund and the combined account cannot at any time, be less than the amount identified as reserve funds in the combined account. All Assessment payments collected shall be applied (1) pursuant to the applicable provisions of the Declaration, or (2) as provided by a Management Agreement as long as the Management Agreement remains in effect, or thereafter, as the Board of Directors determines in its sole discretion. All funds shall be maintained in a separate account in the name of the Association. If so designated by the Board, a Management Firm shall maintain separate accounting records for each condominium it manages pursuant to the provisions of such Management Agreement and the Florida Condominium Act. Section 6. Acceleration of Assessment Installments Upon Default. If a Unit Owner shall be in default in the payment of an installment of any Assessment, the Management Firm or the Board of Directors may accelerate the monthly installment for the next 3 months upon notice thereof to the Unit Owner and, thereupon, the unpaid installments of the Assessment together with the monthly Assessments for the next three months shall become due upon the date stated in the notice, but not less than 14 days after delivery of or the mailing of such notice to the Unit Owner. The acceleration of installments may be repeated at the end of each 3 month period thereafter if at the end of such period there remains any sums due and unpaid. ARTICLE VII: UNAUDITED FINANCIAL STATEMENTS In addition to any reporting requirements contained in the Florida Condominium Act or any applicable provision of Florida law, the Board, or its agents, shall (1) render to the members of the Association an unaudited statement for each fiscal year no later than 4 months next thereafter, and (2) perform internal audits of the Association's financial records for the purpose of verifying the some but no independent or external audit shall be required of it. l • .. ' .. ?P.I.1rI??1?l?tl Section 1. 'Violations In the event of a violation (other than the non-payment of an Assessment) by the Unit Owner in any of the provisions of the Declaration, of these By-Laws, or of the applicable portions of the Florida Condominium Act, the Association, by direction of its Board of Directors, may notify the Unit Owner by written notice of said breach, transmitted by mail or delivered in person. If such violation shall continue for a period of 30 days from the date of the notice in the case of violations involving alterations and structural changes to the Unit and 5 days from the dote of the notice in the case of 15938711.2 - 10 - PINELLAS COUNTY FL OFF. REC. BK 16821 PG 1290 all other violations, the Association, through its Board of Directors, shall have the right to treat such violation as on intentional and inexcusable and material breach of the Declaration, of the By-Laws, or of the pertinent provisions of the Florida Condominium Act, and the Association may then, of its option, have the following elections: (A) An action at law to recover for its damage on behalf of the Association or on behalf of the other Unit Owners; (B) An action in equity to enforce performance on the part of the Unit Owner; or (C) An action in equity for such equitable relief as may be necessary under the circumstances, including injunctive relief. Failure on the port of the Association to maintain such action at low or in equity within 30 days from date of a written request, signed by a Unit Owner, sent to the Board of Directors, shall authorize any Unit Owner to bring an action in equity or suit at low on account of the violation in the manner provided for in the Florida Condominium Act. Section 2. Fines. In addition to the remedies as identified in Section 1 above, the Association may levy a fine not to exceed the maximum amount allowed by the Florida Condominium Act against any Owner, resident, guest or invitee, for failure to abide by any provisions of the Declaration, these By-laws or the rules of the Association. No fine will become a lien ogainst a Unit. A fine may be levied on the basis of a continuing violation, with a single notice and an opportunity for a hearing, provided that no such fine shall exceed the maximum aggregate amount allowed under the Florida Condominium Act. No fine may be levied except after giving reasonable notice and an opportunity for a hearing, to be held not less than 14 days after reasonable notice, to the Owner, resident, guest or invitee. Reasonable notice shall include the following: A statement of the dote, time and place of the hearing; a statement as to the provisions of the Declaration, these Bylows or the rules of the Association which have allegedly been violated; and a short and plain statement of the matters asserted by the Association. A hearing shall be held before a committee of other Unit Owners. At the sole discretion of the Board of Directors, this committee may be either a standing committee appointed by the Board of Directors for the purpose of addressing all fine situations, or a committee appointed by the Board of Directors for the particular hearing. At such hearing, the party against whom the fine may be levied shall have the opportunity to respond to, to present evidence relating to, and to provide written and oral argument on all issues involved, and shall have an opportunity to review, challenge and respond to any material considered by the committee. A fine may not be levied if more than 75% of the members of the committee disagree with such fine. The notice and hearing procedures shall also satisfy any other requirements of the Florida Condominium Act or the regulations promulgated thereunder. Section 3. Nagliaence or Carelessness of Unit Owner. Etc. Any Unit Owner shall be liable for the expense of any maintenance, repair or replacement rendered necessary by his act, neglect or carelessness, or by that of any member of his family, or his or their guests, employees, agents or lessees, but only to the extent that such expense is not met by the proceeds of insurance carried by the Association. Nothing herein contained, however, shall be construed so as to modify any waiver by insurance company of rights of subrogation. Section 4. Costs and Attorneys Fees. In any proceeding brought by the Association pursuant to this Article, the Association, if it is the prevailing party, shall be entitled to recover the costs of the proceeding and such reasonable attorneys' fees as may be determined by the court. 15938711.2 - 1 1 - PINELLAS COUNTY FL OFF. REC. BK 16821 PG 1291 Section S. No Waiver of Rights. The failure of the Association or of a Unit Owner to enforce any right, provision, covenant or condition which may be granted by the Condominium documents shall not constitute a waiver of the right of the Association or Unit Owner to enforce such right, provision, covenant or condition in the future. Section b. Election of Remedies. All rights, remedies and privileges granted to the Association or Unit Owner pursuant to any terms, provisions, covenants or conditions of the Condominium documents shall be deemed to be cumulative and the exercise of any one or more shall not be deemed to constitute an election of remedies, nor shall it preclude the party thus exercising the some from exercising such other and additional rights, remedies or privileges as may be granted to such other party by Condominium documents, or at law or in equity. ARTICLE IX: ACQUISITION OF UNITS At any foreclosure sale of a Unit, the Board of Directors may, with the authorization and approval by the affirmative vote of voting members costing not less than 75% of the total votes of the members present of any regular or special meeting of the members wherein said matter is voted upon, acquire in the name of the Association or its designee a Condominium Parcel being foreclosed. The term "foreclosure," as used in this section, shall mean and include any foreclosure of any lien, excluding the Association's lien for Assessments. The power of the Board of Directors to acquire a Condominium Parcel at any foreclosure sale shall never be interpreted as any requirement or obligation on the part of the Board of Directors or of the Association to do so at any foreclosure sale. The provisions hereof are permissive in nature and for the purpose of setting forth the power in the Board of Directors to do so should the requisite approval of the voting members be obtained. Once general authority to purchase a Unit at a foreclosure sale is obtained, the Board of Directors shall not be required to obtain the specific approval of Unit Owners regarding the sum the Board of Directors determines to bid at such foreclosure sale unless the limit of such authority has been established in the original authorization. The By-Laws may be altered, amended or added to at any duly called meeting of the Unit Owners, provided: (A) Notice of the meeting shall contain a statement of the proposed amendment; and (B) The amendment is approved upon the affirmative vote of two-thirds (2/3) of the votes cast at a duly-called and duly-noticed meeting of the Association membership called in whole or in part for such purpose. Said amendment shall be recorded and certified as required by the Florida Condominium Act. Notwithstanding the foregoing, these By-laws may only be amended with the written approval when required of the parties specified in Article VIII of the Declaration to which these By-Laws are attached. (C) No amendment to these By-Laws shall be made which affects any of the rights and privileges provided to the Developer in the Condominium documents without the written consent of the Developer. 15938711.2 - 12- PINELLAS COUNTY FL OFF. REC. BK 16821 PG 1292 ARTICLE XI: NOTICES Whatever notices are required to be sent hereunder shall be posted, delivered or sent in accordance with the applicable provisions as to some as set forth in the Declaration to which these By-Laws and other exhibits are attached. ARTICLE Me INDEMNIFICATION The Association shall indemnify every director and every officer, his heirs, executors and administrators, against all loss, cost and expense reasonably incurred by him in connection with any action, suit or proceeding to which he may be made a party by reason of his being or having been a director or officer of the Association, including reasonable counsel fees, except as to matters wherein he shall be finally adjudged in such action, suit or proceeding to be liable for or guilty of gross negligence or willful misconduct. The foregoing rights shall be in addition to and not exclusive of all other rights to which such director or officer may be entitled. ARTICLE XIII• LIABIUTY SURVIVES TERMINATION OF MEMBERSHIP The termination of membership in the Condominium shall not relieve or release any such former Owner or member from any liability or obligations incurred under or in any way connected with the Condominium during the period of such ownership and membership, or impair any rights or remedies which the Association may have against such former Owner and member arising out of or in any way connected with such ownership and membership, and the covenants and obligations incident thereto. ARTICLE XIV: LIMITATION OF LIABILITY Notwithstanding the duty of the Association to maintain and repair parts of the Condominium Property, the Association shall not be liable for injury or damage by a latent condition in the Condominium Property, nor for injury or damage caused by the elements or by other Owners or persons. ARTICLE XV: PARLIAMENTARY RULES Roberts' Rules of Order latest edition) shall govern the conduct of the Association's meetings when not in conflict with the Florida Condominium Act, the Declaration, or these By-Laws. ARTICLE XVI: MORTGAGE REGISTER The Association, or its agents, may maintain a register of all mortgages and at the request of a mortgagee, the Association shall forward copies of all notices for unpaid Assessments or violations served upon a Unit Owner to said mortgagee. If a register is maintained, the Association or its agent maintaining some may make such charge as it deems appropriate against the applicable Unit for supplying the information provided herein. The Board of Directors shall promulgate rules and regulations to govern the use of the Units, Common Elements, Limited Common Elements, and any other Condominium Property, and also the conduct of all residents thereof. The Unit Owners shall, at all times, obey said rules and regulations and shall use their best efforts to see that they are faithfully observed by their families, guests, invitees, servants, lessees and persons over whom they exercise control and supervision. In the event of any conflict between the rules 1593871 1.2 - 13- PINELLAS COUNTY FL OFF. REC. BK 16821 PG 1293 and regulations adopted or amended by the Board and the Condominium documents or the Florida Condominium Act, the latter shall prevail. If any unreconciled conflict should exist or hereafter arise with respect to the interpretation of these Bylaws and the Declaration, the provisions of said Declaration shall prevail. All issues or disputes which are recognized by the Florida Condominium Act or by administrative rules promulgated under the Florida Condominium Act as being appropriate or required for mediation or arbitration shall be submitted to such alternative resolution procedures prior to institution of civil litigation proceedings. ARTICLE IX• EMERGENCY POWERS The Association shall exercise any and all emergency power as may be required for the protection and maintenance of the Condominium Property as permitted under Section 718.1265, Florida Statutes. In the event that these By-laws are inconsistent with the applicable provisions of the Florida Condominium Act, the provisions of the Florida Condominium Act shall apply. 1593871 1.2 - 14- PINELLAS COUNTY FL OFF. REC. BK 16821 PG 1294 EXHIBIT NO. 4 TO DECLARATION OF CONDOMINIUM PINELLAS COUNTY FL OFF. REC. BK 16621 PG 1295 Unless otherwise defined in this document, all defined terms shall have the some meaning as used in the Declaration of Condominium. A. GENERAL RULE 1. Passenger automobiles, sport/utility vehicles, mini-trucks, vans, golf carts and motorcycles (used for personal transportation and not commercially) that do not exceed the size of one Parking Space may be parked in the areas provided for that purpose. Certain Limited Common Element Parking Spaces are assigned, and no Unit Owner or occupant may park more than one (1) vehicle in a Parking Space unless additional Parking Spaces have been assigned to the Unit. Commercial vehicles, trucks, campers, motor homes, trailers, boats and boat trailers are prohibited- Bicycles shall be parked only in the bike storage areas or as may otherwise be designated by the Board. Vehicle maintenance, except car washing in the designated area, if any, is not permitted on the Condominium Property. All vehicles must be currently licensed and no inoperable or unsightly vehicles may be kept on the Condominium Property. Notwithstanding the foregoing, the Developer shall be exempt from this regulation for vehicles which are engaged in any activity relating to construction, maintenance or marketing of Units, as are commercial vehicles used by vendors of the Association while engaged in work at the Condominium. 2. Recreational facilities will be used in such a manner as to respect the rights of others, and the Board may regulate duration of use, hours of opening and closing and schedule their use. 3. No exterior radio, television or data reception antenna or any exterior wiring for any purpose may be installed without the written consent of the Board. 4. To maintain harmony of the exterior appearance of the Building, no one shall make any changes to, place anything upon, affix anything to (meaning that no penetrations shall be permitted in exterior walls) or exhibit anything from any part of the Condominium Property or Association property visible from the exterior of the Building or from the Common Elements without the prior written consent of the Board. All curtains, shades, drapes and blinds shall be white or off-white in color or lined with material of these colors. 5. No the or other floor covering material shall be installed on a limited Common Element covered deck, balcony, patio area or lanai without the prior written consent of the Board. b. Any desire of a Unit Owner to modify the point colors contained within any limited Common Element area shall be first approved by the Board, and the Board may withhold approval for any reason if the Board deems such change in color to not be harmonious with the other colors of the Building. 7. All Common Elements inside and outside the Building will be used for their designated purposes only, and nothing belonging to Unit Owners, their family, tenants or guests shall be kept therein or thereon without the approval of the Board, and such areas shall at all times be kept free of obstruction. Owners are financially responsible to the Association for damage to the Common Elements caused by themselves, their tenants, guests and family members. 8. Pets shall be permitted on the Condominium Property as referenced in the Declaration of Condominium and only upon the following conditions: 15939250.2 PINELLAS COUNTY FL OFF. REC. BK 16821 PG 1296 at all times. On all portions of the Common Elements, pets shall be under hand-leash or carried b. No pets may be kept in or upon any limited Common Element appurtenant to a Unit, including but not limited to covered areas, balconies, patios or lanais, when the owner of the pet is not in the Unit. C. No pet may be left unattended on the Common Elements of the Condominium. d. Messes made by pets must be removed by Unit Owners or handlers immediately. The Board shall designate the portions of the Condominium Property which shall be used to accommodate the reasonable requirements of Unit Owners who keep pets. e. Pets that ore vicious, noisy or otherwise unpleasant will not be permitted in the Condominium. In the event that a pet has become a nuisance or unreasonably disturbing in the opinion of the Board, written notice shall be given to the Unit Owner or other person responsible for the pet and the pet must be removed from the Condominium Property within three (3) days. f. Guests and tenants are not permitted to have pets unless prior written approval has been received from the Board of Directors. g. The Board of Directors has the authority and discretion to make exceptions to the limitations in this regulation in individual cases and to impose conditions concerning the exceptions. 9. Disposition of garbage and trash shall be only by use of receptacles approved by the Association or by use of garbage disposal units. Food and vegetable $crops are to be disposed of in the individual Unit residence garbage disposals. 10. All persons occupying Units other than the Unit Owners shall be registered with the Association or other designate of the Association at or before the time of their occupancy of the Unit. This includes renters and house guests. Except as otherwise permitted by the Developer with regard to Units still owned by the Developer, no more than 1 lease or rental of a Unit in any 12 month period shall be permitted, and any and all leases shall be for a minimum term of not less than 6 months in duration. A copy of these Rules and Regulations must be given to the tenants and guests by the Unit Owner, or the Unit Owner's agent. No Unit may be permanently occupied by more persons than the number of bedrooms times two, nor may more persons, including guests, occupy a Unit overnight than the number of bedrooms times two, plus two. This regulation may not be amended in a way that would be detrimental to the sales of Units by the Developer so long as the Developer holds Units for sale in the ordinary course of business. 11. The Association shall retain a pass key to the Units, and the Unit Owners shall provide the Association with a new or extra key whenever locks are changed or added for the use of the Association pursuant to its statutory right of access to the Units. Duplication of Unit Owners' keys to Common Element facilities is restricted in the interest of security. Such keys shall be duplicated only with the assistance of the Resident Manager. Changing of locks must be done through the Association. 12. Children shall be under the direct control of a responsible adult. Children under the age of 12 may not use the pool unless accompanied by an adult: nor shall they be permitted to run, play tog or 15939250.2 -2 PINELLAS COUNTY FL OFF. REC. BK 16821 PG 1297 act boisterously on the Condominium Property. Skateboarding, 'Big Wheels, Scooters or loud or obnoxious toys ore prohibited. Children may be removed from the Common Elements for misbehavior by or on the instructions of the Board. 13. No person under the age of 16 may use the swimming pool unless accompanied by a supervising adult. 14. Loud and disturbing noises are prohibited. All radios, televisions, tape machines, compact disc players, stereos, singing and playing of musical instruments, etc. shall be regulated to sound levels that will not disturb others and if used at or in the vicinity of the pool shall be used only with earphones. No vocal or instrumental practice is permitted after 10:00 p.m. or before 9:00 a. m. 15. Use of barbecue grills shall only be allowed in areas designated as safe and appropriate by the Board cif the Board elects to permit grills on the Common Elements). Grills shall not be used on balconies. 16. Illegal and immoral practices are prohibited. 17. Lawns, shrubbery or other exterior plantings shall not be altered, moved or added to without permission of the Association. 18. No glass of any kind shall be permitted in the pool area. Any liquid refreshments consumed near the pool area shall be in paper or plastic containers. 19. Laundry, bathing apparel, beach and porch accessories shall not be maintained outside of the Units or Limited Common Element balconies and terraces, and such apparel and accessories shall not be exposed to view. 20. No nuisance of any type or kind shall be maintained upon the Condominium Property. 21. Nothing shall be done or kept in any Unit or in the Common Elements which will increase the rate of insurance on the Building or contents thereof or upon any portion of the Condominium Property, without the prior written consent of the Board. No Unit Owner shall permit anything to be done or kept in his Unit or in the Common Elements which will result in the cancellation of insurance on the Building, or contents thereof, or which would be in violation of any law or building code. 22. Persons moving furniture and other property into and out of Units must notify the Association in advance and use the designated access door into the Building and the designated service elevator. All such moving must be Mondays through Saturdays between the hours of 8:00 A.M. and 5:00 P.M. Moving vans and trucks used for this purpose shall only remain on the Condominium Property when actually in use. 23. Repair, construction, decorating or re-modeling work shall only be carried on Mondays through Fridays between the hours of 8:00 A.M. and 5:00 P.M. and Saturday between the hours of 8:00 A.M. and 12:00 P.M., and the rules for decorators and subcontractors set forth herein must be complied with. 24. These Rules and Regulations shall apply equally to Unit Owners, their families, guests, staff, invitees and lessees. 15939250.2 - 3 - PINELLAS COUNTY FL OFF. REC. EK 16821 PG 1298 25. The Board may impose a fine for each violation of these Rules and Regulations or any of the Condominium documents, the amount of such fine to be set by the Board in accordance with the provisions of Chapter 718, Florida Statutes. 26. Any Association personnel are not permitted to do private work for Unit Owners, their families, tenants or guests while on duty. If both parties are agreeable, staff may assist such persons privately when off duty. 27. In the event that a Unit Owner elects to replace any tile installed on a Unit's covered deck or balcony, such covered deck or balcony shall first be re-waterproofed with a substance and pursuant to a method equal or exceeding the original waterproofing performed to the covered deck or balcony prior to installation of such replacement tile. 28. These Rules and Regulations do not purport to constitute all of the restrictions affecting the Condominium Property. Reference should be made to the Condominium documents for further information. B. RULES PERTAINING TO THE BOAT SLIPS. 1. Each Vessel Owner (as described in Section 3.3.4.8 of the Declaration), as a condition of use of a Boat Slip, assumes the sole responsibility for his or her property, including, without limitation, Vessels. The Association and Developer shall not be responsible for any loss or damage to Vessels or any other private property used or stored on the Condominium Property. 2. To the extent not prohibited by law, any Vessel Owner, licensee, guest or other person who, in any manner, makes use of or accepts the use of any apparatus, appliance, facility, privilege or service whatsoever owned, leased or operated by the Association, or other activity operated, organized, arranged or sponsored by the Association on the Condominium Property, which use shall include, but not be limited to, docking or storing a Vessel in the Condominium Property, shall do so at his or her own risk, and shall hold the Association and Developer and their respective employees, officers, directors, representatives and agents (collectively, "Association Parties") harmless from any and all resulting loss, cost, claim, injury, damage or liability sustained or incurred by him, her or it, and/or from any act or omission of the Association Parties. 3. The Vessels docked in, berthed in, stored in or plying the waters of the Condominium Property shall strictly comply, at all times, with the regulations, rules, directives, laws, statutes and ordinances of all appropriate governmental, or quasi-governmental, bodies, now existing or subsequently promulgated or in force. 4. Children will be the direct responsibility of their parents or legal guardians, including full supervision of them while within the Condominium Property and including full compliance by them of these Rules and Regulations and ail other rules and regulations of the Association. All children under 12 years of age must be accompanied by a responsible adult when entering and/or utilizing the Condominium Property. Applicable rules, regulations and recommendations promulgated by government agencies applicable to children (including, without limitation, those requiring the use of personal floatation devices) shall be complied with at all times. 5. Pets or other animals are permitted in the vicinity of the Boat Slips and aboard Vessels only in accordance with the Declaration and the Rules and Regulations. Pets ore not permitted to reside on a Vessel. 15939250.2 -4- PINELLAS COUNTY FL OFF. REC. BK 16821 PG 1299 6. All Vessels may be operated within the submerged lands portion of the Condominium Property only at idle speed and solely for the purpose of ingress and egress to and from a Boat Slip in connection with use and operation outside of the Condominium Property. 7. No person shall be permitted to live aboard any Vessel moored within the Condominium Property. 8. No floating home or house-like barge shall be permitted in the Condominium Property, except that a house boat or pontoon boat may be stored in a Boat Lift if the Boat Lift is designed for such storage and the house boat or pontoon boat otherwise complies with the Declaration and these Rules and Regulations. 9. No Vessel shall be used for business, immoral, illegal or transient guest purposes. 10. No Vessel shall be permitted in the Condominium Property which shall be used for purposes other than the recreation of its owner and its owner's invitees, guests and family. This restriction does not apply to the Association. 11. No commercial Vessels or Vessels with commercial identification shall be permitted in the Condominium Property. 12. No Vessel may be stored in a Boat Slip or upon a Boat Lift which exceeds the Maximum Permitted Vessel length established for a given Boat Slip. 13. All operators of Vessels shall observe all posted or unposted speed limits for all applicable governmental, or quasi-governmental, agencies and other rules when in the waters of the Condominium Property. 14. Each Vessel Owner is solely responsible for the proper storing of the Vessel. All Vessels shall be contained within a Boat Lift at all times, except when a Vessel is being prepared for embarking and following disembarking, or when a Vessel Owner or such Vessel Owner's employees or agents are performing any maintenance as may be permitted under this Declaration and all rules, restrictions and regulations of the Association as established and amended from time-to-time. At any time when a Vessel Owner's Vessel is not contained within a Boat Lift, such Vessel (including all bowsprints, booms, pulpits and other projections and overhangs) must be moored close to the main dock using mooring lines in good condition and sufficiently strong to secure the Vessel, consistent with good boating practice. Any special storing or mooring rules or procedures issued by the Association shall be complied with at all times. 15. The installation and operation of Boat lifts shall be subject to the Boat Lift Specifications, which shall be established and amended from time to time by the Developer, so long as the Developer owns any Boat Slip, and thereafter by the Board. Specific details pertaining to the Boat Lift Specifications shall be provided by the Developer upon request. A Boat Lift may be upgraded by a Unit Owner with the prior written permission of the Association and so long as the upgrade is in accordance with the Boat Lift Specifications. 16. No nuisances shall be allowed upon the Condominium Property, nor shall any use or practice be allowed which is a source of annoyance or which interferes with the peaceful and proper use of the Condominium Property. No sound reproduction or amplification equipment, speakers, bull horns, musical instruments, bells, loud boilers, sirens or radios shall be used in or upon the Condominium Property 15939250.2 -5- PINELLAS COUNTY FL OFF. REC. BK 16821 PG 1300 except in such a way as to ovoid nuisance or annoyance. Neither engines nor other motors shall be run within a Boot Slip for more than 10 minutes in any one hour. Generators shall not be operated between the hours of 8:00 p.m. and 8:00 a.m. Generators are only to be used in emergencies or when electricity is unavailable. 17. No Vessel which is inoperable or unseaworthy shall be kept, maintained or stored in the Condominium Property for more than 24 hours. 18. Each Vessel must have such sanitary equipment on board as is required by all applicable federal, state and local authorities. No Vessel shall be deemed to be in compliance with this paragraph if such equipment is not Fully operational or if such equipment such as a holding tank or approved marine sanitary system is bypassed or altered contrary to such requirements. In no event shall any person discharge or permit to be discharged any sewage or any other substance (other than bilge water) into the waters of the Condominium Property. 19. The Association may permit police, U.S. Coast Guard and similar watercraft to tie-up to and be kept on any portion(s) of the Condominium Property, including unoccupied Boat Slips. 20. Sailboat owners are required to tie off halyards. If this is not done and the slapping of halyards occurs, the management staff shall be authorized to tie off halyards. 21. No repairing, power sanding or painting of Vessels or motor work shall be done within the Condominium Property and no other work shall be performed in or about the Condominium Property which may result in damage, scarring or staining to the Condominium Property, surface of the docks and piers or other Vessels or which may obstruct passage of normal vehicular and pedestrian traffic. Only routine maintenance of Vessels shall be permitted on the Condominium Property, including but not necessarily limited to cleaning, waxing and minor cosmetic work, oil subject to the rules and regulations of the Association as established and amended from time to time. 22. Vessels operating during the nighttime shall be properly equipped with navigational lights as required by all governmental, or quasi-governmental, agencies. 23. No flammable, combustible or explosive fluids, chemicals or substances (other than fuel and oil in a Vessel's engine system) shall be kept in any Vessel. Solvents and cleaning substances in quantities appropriate for recreational boating uses may be kept in Vessels, if stored in a safe manner and in accordance with applicable fire codes and insurance requirements. 24. No charcoal burners, gas welders, gas torches any open flame-producing equipment, except within a Vessel (i.e., cook stoves, lamps and lanterns), shall be used within the Condominium Property. 25. No fuel shall be sold or purveyed within the Condominium Property. Vessels shall not be fueled within the Condominium Property. 26. No refuse, solid or liquid, shall be thrown overboard From Vessels or docks or piers. All garbage and trash shall be removed from the Condominium Property by the persons responsible for the existence of such garbage or trash. No oil bilge shall be discharged into the waters in or about the Condominium Property. 15939250.2 -6- PINELLAS COUNTY FL OFF. REC. BK 16821 PG 1301 27. No laundry or other item of an unsightly nature shall be hung or spread in public view within the Condominium Property. 28. No recreational swimming or diving shall be permitted within the waters of the Condominium Property. Diving shall be permitted solely for the purpose of maintaining and repairing the Condominium Property. 29. Recreational fishing shall be permitted on any of the docks located within the Condominium Property, provided that any persons utilizing such areas for recreational fishing shall keep the some in a clean and orderly condition, free of all rubbish, trash and waste including, but not limited to, discarded tackle, monofilament fishing line or unused bait. 30. Fish or other marine life of any kind shall not be cleaned, prepared or processed in any manner at the Condominium Property. 31. Each Vessel Owner and occupant shall keep his or her own Boat Slip in an orderly, operable and clean condition, free of all gear and equipment. No unsightly or dilapidated Vessel shall be kept in the Condominium Property. Vessel decks shall be kept free and clear of debris, bottles, papers, trash and other unsightly material at all times. 32. No dock boxes or similar storage containers or facilities shall be permitted on the docks or anywhere else within the Condominium Property. All mooring lines, gear and equipment shall be stored aboard a Unit Owner's Vessel, or off site. Any dock box constructed on the Condominium Property in violation of this Section will be subject to removal and disposal by the Association, including all contents therein. This Section may not be amended without the consent of the Developer as long as it owns any Boat Slip. 33. All Vessels shall be kept and maintained in a constant state of readiness for evacuation in case of fire, hurricane or other emergency. 34. During hurricanes and other high velocity wind threats, each Vessel Owner and Vessel owner shall be responsible for following all safety precautions that may be issued or recommended by the National Hurricane Center, National Weather Service, U.S. Coast Guard, the Association or any other applicable agency. If a Vessel sinks as a result of a storm, or for any other reason, the owner of such Vessel must remove the sunken Vessel from the Condominium Property immediately after the occurrence of such event. If not so removed within 24 hours after the sinking, the Association may (but shall not be obligated to) remove some and impose a charge against the Vessel Owner for the cost of said removal. Each Vessel Owner shall be deemed to have agreed to indemnify and hold harmless the Association Parties and Developer for and from any and all loss or damage incurred in connection with the exercise or non- exercise of the Association's rights pursuant to these Rules and Regulations, unless such loss or damage is proximately caused by any of the Association Parties' gross negligence or willful misconduct. If a Vessel Owner plans to be absent during the hurricane season, such Vessel Owner must prepare his or her Boat Slip and secure or remove, as appropriate, his or her Vessel prior to departure in accordance with the standards established by the Board of Directors (or in the absence of such standards, with all due care). Such Vessel Owner shall also designate a responsible firm or individual to core for his or her Boat Slip and Vessel should there be a hurricane or other storm, and furnish the Association with the name(s), address and telephone number of such firm or individual. Such firm or individual shall be subject to the approval of the Association. The Vessel Owner shall be liable for any and all damages caused to the Condominium Property or to the Boat Slips, Vessels or other property of others for such Vessel Owner's improper 15939250.2 -7- PINELLAS COUNTY FL OFF. REC. EK 16821 PG 1302 preparation or failure or removal, as the case may be, of his or her Boat Slip and Vessel for hurricanes and other storms. Notwithstanding anything contained in these Rules and Regulations to the contrary, the Association may also levy fines in accordance with the rules and regulations if the Vessel Owner fails to abide by the provisions of this paragraph. Notwithstanding the right of the Association to enforce the foregoing requirements, the Association and Developer shall not be liable to any Vessel Owner or other person or entity for any damage to persons or property caused by a Vessel Owner's failure to comply with such requirements. 35. Water siphons shall not be used except in case of emergency and fresh water may not be used as a coolant for air conditioners or other machinery. Air conditioners shall be turned off on unattended Vessels. Water supply hoses of unattended Vessels shall be disconnected at the Condominium Property and stowed aboard. No person may use either the electrical power or fresh water, if furnished at a Boat Slip, for any purpose other than to supply power and water to the Vessel officially assigned to that Boat Slip. 36. All Vessels shall have adequate, permanently installed electrical or mechanical bilge pumps in constant state of readiness (unless such Vessel, such as, but not necessarily limited to, a jet ski, wave runner or similar watercraft, was not designed to have a bilge pump). Switches shall be labeled and installed in readily discernible locations near the helm. 37. The docks, piers, seawalls, and like portions of the Condominium Property pertaining to the Boat Slips shall not be obstructed nor used for any purpose other than for ingress and egress, nor shall any carts, tables, maritime equipment or any other objects be stored anywhere on the Condominium Property, except in the Vessels. 38. In the event that a Vessel shall not be removed as required in these Rules and Regulations or in the event that a Vessel Owner shall fail to pay any applicable Assessments and fees when due, or in the event that a Vessel Owner shall fail to comply with any other of his or her obligations under the Declaration within seven days of written notice from the Association detailing such failure, then the Association (acting through its agents, representatives and/or employees) may at its sole discretion: (i) board and remove the Vessel from the Condominium Property; (ii) anchor or store the Vessel as it sees fit at the Vessel Owner's expense; and/or (iii) bar the use of the Vessel by the offending party, his or her agents, invitees, guests, family and employees. The Association, in the exercise of such discretionary authority and/or in performance of any upkeep, maintenance, management, reconstruction, operation or repair of the Condominium Property shall not be liable or responsible to any Vessel Owner nor to any owner of a Vessel nor to any person or entity that may hold a security interest in a Vessel or its contents, except as may be caused by the gross negligence or malicious wanton act of the Association. 39. The Association shall have the right to inspect any Vessel in the Condominium Property to determine its seaworthiness, cleanliness and compliance with all applicable City, County, state and federal fire, safety and other regulations. The Association shall have the right (but shall not be required) to remove any Vessel which fails to comply with said regulations from the Condominium Property. Each Vessel Owner shall be deemed to automatically agree to indemnify and hold harmless the Association Parties for and from any and all loss or damage incurred in connection with the exercise or non-exercise of the Association's rights contained in these Rules and Regulations, unless such loss or damage is proximately caused by any of the aforesaid parties' gross negligence or willful misconduct. 15939250.2 - 8 - PINELLAS COUNTY FL OFF. REC. BK 16821 PG 1303 40. All Vessels shall be maintained within a Boat Slip such that the bow of the Vessel first enters the boundaries of the Boat Slip when being parked, and that the stern of the Vessel is the first portion to leave the Boat Slip. C. RULES FOR DECORATORS, CONTRACTORS AND SUB-CONTRACTORS 1. The Unit Owner must pre-register with the Association and provide the name, address, telephone number and fax number of the Unit Owner's representative who will be overseeing the work being done in the Unit whether it be the interior decorator, the general contractor, or the Unit Owner. 2. Prior to commencing work, the Unit Owner's representative must submit to the Association a list of names, addresses and telephone numbers of all subcontractors who will be working in the Unit, together with a schedule for their work. 3. The Association will coordinate with the Unit Owner's for the issuance of access temporary passes to the Condominium property as may be necessary for such installations. 4. Work hours are Mondays through Fridays between the hours of 8:00 A.M. and 5:00 P.M. and Saturday between the hours of 8:00 A.M. and 12:00 P.M. 5. The contractor and all subcontractors must have Type "B" licenses in Pinellas County and submit proof of some for the Association's files. b. Prior to authorization for access, the contractors and all subcontractors must produce from their insurance carrier a Certificate of Insurance of general liability of no less than $250,000 per occurrence and no less than $500,000 aggregate, and provide proof of Worker's Compensation coverage for the Association's files. 7. All vehicles and persons will enter the Building only at locations approved by the Board. There, they will be registered by access personnel, unless the Association makes other arrangements. 8. After unloading, workers must park their vehicles in the designated parking areas as determined by the Association. 9. Work preparations will not be allowed in the garage, i.e., mixing of paints, mud, grout, etc. 10. The trash chute is not to be used, nor is any trash to be left in Units or hallways. The Association shall provide information on disposal of trash. 11. All trash and debris shall be hauled off by the workers on a doily basis unless a dumpster is specifically designated for their use. 12. Grout, paint, wall mud or any other material may not be poured down Building drains, sinks, toilets or bathtubs. Check with the Association for location of cleaning area. 13. Subcontractors are not to use carts owned by the Association (Supply your own). 14. Breaks and lunches, if taken inside the Building, should be confined to the Owner's Unit. 15939250.2 -9- PINELLAS COUNTY FL OFF. REC. BK 16821 PG 1304 15. No radios will be allowed in the Building unless used with headphones. 16. Access to the individual Condominium Units must be coordinated through the Unit Owner, decorator or other designee. 17. Do not tamper with or hang extension cords from any of the sprinkler heads. 18. Unit smoke alarms are to be left in place. They are to be properly protected during the interior finish work which generates heavy airborne particles, i.e. sanding and painting. 19. Workers are not to wander around in areas other than the specific area or Unit to which they are assigned. 20. FLOORING. Each Unit Owner who elects to install in any portion of his Unit hard surface flooring materials (i.e., tile, marble, wood) shall first be required to install an approved sound underlayment material and perimeter sound isolation material installed in accordance with the procedures as generally provided below. Each Unit Owner is required to submit for approval to the Board of Directors or its representative the proposed hard surface floor underlayment material. Written approval for the proposed materials is required prior to installation of hard surface flooring, and then the installed sound proofing must be inspected and approved prior to installation of the hard flooring. Installation procedures shall meet or exceed the following: A. Isolation Barrier 1. At the perimeter of the entire floor, and the: periphery of all protrusions to that floor fiberglass board (6-15 pcf) not less than 3/8 of an inch (9.525 millimeters) thick, to minimize flanking, should be used within 1 /4 inches (6.35 millimeters) of the finished surface. 2. Closed cell polyethylene foam (2.7 - 9 pcf) not less than 114 of an inch thick (6.35 millimeters) may also be used as the perimeter isolation barriers. 3. The fiberglass board of the polyethylene foam can be cut into strips and held in place with a few spots of acoustical sealant. If the strips are too tall, they can easily be trimmed within the 1 /4 inch of the finished surface after the file is grouted, therefore keeping any hard residue out of the perimeter grout joints. B. After the tile is set and grouted, additional time should be spent to check the perimeter of the entire floor and the periphery for any protrusions such as pipes, so as not to have any of the mortar, bond coat, or grout, touching the walls or any protrusions that penetrate the floor. Should any of the hard material from the installation make contact between the tile or setting bed and the wall, or a penetrating protrusion, a large reduction in the sound rating will occur. After grouting, but before the edges are caulked, trim the polyethylene sheeting back to the top of the fiberglass or polyethylene foam edging. C. A sealant is required at the perimeter of the entire floor, and the periphery of all protrusions to that floor. 1. This joint shall be 1/4 inch wide (6.35 millimeters) from the finished top of the tile. This joint must be filled with an elostomeric sealant or an acoustical sealant. Hard gamut is na e t le. 15939250.2 - t0 - PINELLAS COUNTY FL OFF. REC. BK 16821 PG 1305 2. This caulking can be done before or after grouting as long as the hard grout is left out of the joint between the floor and the wall and around the periphery of any protrusion. 3. If USG acoustical sealant is used, the joint can be painted to conform with the color of the grout used in the field. 4. Dow-Corning and G.E. Silicone sealant comes in a variety of colors to harmonize with the color of the tile. 21. Each Unit Owner is responsible for his decorator's, contractor's and subcontractor's action and inactions while on the Condominium Property. Decorators, contractors, and subcontractors are on the Condominium Property at their own risk and agree to indemnify and hold harmless the Condominium Association, the Developer for any liability or damages which might arise in connection with their activities on the Condominium Property. 22. Should a decorator, contractor or subcontractor discover a defect in a Unit, they must notify the Association immediately so the defect may be verified and corrected prior to doing any work which might be impacted by the defect. 23. Smoking, while discouraged, will only be allowed in the individual Units with the Unit Owner's permission. Activities will be monitored during the day. Non-compliance may result in you or your firm being barred from the Building. If you have any questions please contact the Resident Manager. D. RULES FOR OWNER PARTICIPATION IN BOARD OF DIRECTORS MEETINGS, A BUDGET COMMITTEE MEETING AND A MEETING OF ANY COMMITTEE AUTHORIZED TO TAKE ACTION ON BEHALF OF THE BOARD, AND OF THE LOCATION FOR POSTING NOTICES OF MEETINGS 1. THE RIGHT TO SPEAK: 1. To the maximum extent practical, the posted Board meeting agenda for each meeting shall list the substance of the matters and actions to be considered by the Board. 2. Roberts Rules of Order (latest edition) shall govern the conduct of the Association meeting when not in conflict with the Declaration of Condominium, the Articles of Incorporation or the By- Laws. 3. After each motion is made and seconded by the Board members the meeting Chairperson will permit Unit Owner participation regarding the motion on the floor, which time may be limited depending on the complexity and effect on the Association. 4. Unit Owner participation will not be permitted after reports of officers or committees unless a motion is made to act upon the report, or the Chair determines that it is appropriate or is in the best interest of the Association. 15939250.2 . 11 - PINELLAS COUNTY FL OFF. REC. BK 16821 PG 1306 5. A Unit Owner wishing to speak must first raise his or her hand and wait to be recognized by the Chair. 6. While a Unit Owner is speaking, he or she must address only the Choir; no one else is permitted to speak at the some time. 7. A Unit Owner may speak only once for not more than three (3) minutes and only on the subject or motion on the floor. 8. The Chair may, by asking if there be any objection and hearing none, permit a Unit Owner to speak for longer than three (3) minutes, or to speak more than once on the some subject. The objection, if any, may be that of a Board member only and if there is an objection then the question will be decided by a vote of the Board. 9. The Chair will have the sole authority and responsibility to see to it that all Unit Owner participation is relevant to the subject or motion on the floor. II. THE RIGHT TO VIDEOTAPE OR AUDIOTAPE: 1. The audio and video equipment and devices which Unit Owners are authorized to utilize at any such meeting must not produce distracting sound or light emissions. 2. Audio or video equipment shall be assembled and placed in position in advance of the commencement of the meeting in a location that is acceptable to the Board or the Committee. 3. Anyone videotaping or recording a meeting shall not be permitted to move about the meeting room in order to facilitate the recording. 4. At least 24 hours advance written notice shall be given to the Board by any Unit Owner desiring to utilize any audio and/or video equipment to record a meeting. III. ALL NOTICES OF MEMBERSHIP, DIRECTORS AND COMMITTEE MEETINGS AT WHICH OWNERS ARE ENTITLED TO PARTICIPATE WILL BE POSTED ON THE CONDOMINIUM PROPERTY. 15939250.2 - 12 - PINELLAS COUNTY FL OFF. REC. BK 16821 PG 1307 EXHIBIT NO. 5 TO DECLARATION OF CONDOMINIUM UNDIVIDED OWNERSHIP INTEREST IN THE COMMON ELEMENTS AND COMMON SURPLUS AND UNDIVIDED SHARE OF COMMON EXPENSES NIT NUMBER NDIVIDUAL UNIT SO. FT. OF UNITS SQUARE FOOTAGE OF ALL UNITS OF SAME TYPE NDIVIDUAL PERCENTAGE TOTAL PERCENTAGE FOR ALL UNITS QE SAME TYPE 201,202,203,204 1,813 4 7,252 0.062302405 0.24921 301 1,803 1 1,803 0.061958763 0.06196 302 1,815 1 1,815 0.062371134 0.06237 303 1,802 1 1,802 0.061924399 0.06192 304,403 1,808 2 3,616 0.062130584 0.12426 401,402 1,805 2 3,610 0.062027491 0.12405 404 1,806 1 1,806 0.062061856 0.06206 501,502 3,698 2 7,396 0.127079038 0.25416 Totals 14 29,100 1.00000 STATE OF RORIB : - PINFL.LP. S COUNTY WR ,t1 t hereby cehi y that the fore ;ring is a true c ,.....Q4p, r copy as rocorAea i, of i0al rocot 9 of P ne Go ntv '-y C1 Z .a ThiSy t t??OUllf ?`? By: Deputy Clerk 15938825.1 r • 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, June 21, 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. (font from 05-17-05) Skiff Point of Clearwater, LLC is requesting Flexible Development approval to permit 15 attached dwelling units with reductions to the front (east) setback from 25 ft to 15 ft to building and from 25 ft to 3 ft to pavement; a reduction to the side (north and south) setbacks from 10 ft to 6.5 ft to building and 5 ft to parking; a reduction to the rear (south) setback from 15 ft to zero ft to pool deck, 5 ft to pool and 7.5 ft to parking; and an increase in height from 30 ft to 49 ft to roof deck and additional 4 ft for parapet (from roof deck to top of parapet) and an additional 16 ft for elevator overrun (from roof deck), as a Residential Infill Project, in the Island Estates Neighborhood Conservation Overlay District (JENCOD)/Medium High Density Residential (MHDR) District under the provisions of Sec. 2-404.17 and 2-1602. C and H. (Proposed Use: Attached dwellings (15 dwelling units) at 200 and 201 Skiff Point, Island Estates of Clearwater Unit 5-A, Lots 35 & 36. Assigned Planner: Mark T. Parry, Consulting Planner. FLD2005-01012 2. Brightwater Cove, LLC is requesting (1) Flexible Development approval to permit 9 attached dwellings (townhomes) with a reduction to the side (east) setback from 10.ft to 6 ft (to building), as a Comprehensive Infill Redevelopment Project, under the provisions of Sec. 2- 803.C, as an amendment to a previously approved Comprehensive Infill Redevelopment Project (Case No. FLD2003-02007 [which permitted attached dwellings within the Tourist District with reductions of the side (east and west) setbacks from 10 ft to 7 ft and 6 ft, respectively, (to building), reduction in the rear (north) setback from 20 ft to zero ft (to pavement) and 13 ft (to pool) and to permit parking that is designed to back into the public right-of-way, as a Comprehensive Infill Redevelopment Project, under the provisions of Sec. 2-803.C]); and (2) Preliminary Plat for the replatting of 9 townhome lots. [Proposed Use: Attached dwellings (9 townhomes)] at 130 Brightwater Dr, Brightwater Cove No. 2, Lot 1. Assigned Planner: Wayne M. Wells, AICP, Planner III. FLD2003-02007A/PLT2005-00013 3. Del Mar Development, LLC (Rob Szasz) are requesting Flexible Development approval to permit a 322.5 sq-ft addition to a previously approved 497 sq-ft multi-use dock for a total of 14 slips (10 existing; 4 proposed), under the provisions of Sec. 3-601. (Proposed Use: Dock addition to a condominium project) at 1860 N Ft Harrison Ave, Villa Del Mar of Clearwater Condo Unit 106. Assigned Planner: Wayne M. Wells, AICP, Planner III. FLD2005-03025 4. Clearwater Retail Partners, LLC is requesting Flexible Development approval to permit retail sales and services with a reduction to the front (west along US Highway 19 N) setback from 25 ft to 17.17 ft (to pavement), reductions to the side (north) setback from 10 ft to 5.59 ft (to building) and from 10 ft to 9.5 ft (to pavement), a reduction to the side (south) setback from 10 ft to 5.21 ft (to pavement), a reduction to the rear (east) setback from 20 ft to zero ft (to pavement), increases to building height of an additional 6 ft for perimeter parapets (from roof deck - roof 0 0 A deck at 18.67-ft height) and an additional 13.83 ft for architectural embellishments (from roof deck) and a deviation to allow direct access to a major arterial street (US Highway 19 N), as a Comprehensive Infill Redevelopment Project, under the provisions of Sec. 2-704.C; and a reduction to the interior landscaping requirement from 10 percent to 6.8 percent, as a Comprehensive Landscape Program, under the provisions of Sec. 3-1202.G. (Proposed Use: Retail sales and services (7,350 sq ft) at 18419 US Hwy 19 N, Sec. 20-29-16, M&B 33.04. Assigned Planner: Wayne M. Wells, AICP, Planner III. FLD2005-02017 5. Adelheid Hanghofer & Ocean Breeze, LLC are requesting (1) Flexible Development approval to permit 14 attached dwellings in the Medium High Density Residential (MHDR) District and the Tourist (T) District with a reduction to lot area in the MHDR District from 15,000 sq ft to 8,700 sq ft and in the T District from 10,000 sq ft to 8,700 sq ft, a reduction to lot width in the MHDR District from 150 ft to 100 ft, reductions to the front (north along Somerset Street) in the MHDR District from 25 ft to 13.67 ft (to building) and from 25 ft to zero ft (to trash staging area) and in the T District from 15 ft to 13.67 ft (to building), a reduction to the front (east along Mandalay Avenue) in the T District from 15 ft to 10 ft (to building), an increase to building height in the MHDR District from 30 ft and in the T District from 35 ft to 50.25 ft (to roof deck) with perimeter parapets of 5.25 ft (from roof deck) and rooftop, open pavilions of 11.75 ft (from roof deck) and to allow a building within the required sight visibility triangles, as a Residential Infill Project in the MHDR District, under the provisions of Sec. 2-404.F and 2-803.B; (2) Reduction to the landscape buffer along Somerset St from 10 ft to zero ft (to trash staging area), as a Comprehensive Landscape Program, under the provisions of Sec. 3-1202.G; and (3) Transfer of Development Rights (TDR2005-01016) of 2 dwelling units to this site from 200 Brightwater Dr, under the provisions of Sec. 4-1402. [Proposed Use: Attached dwellings (14 condominiums)] at 19 & 21 Somerset St, Clearwater Beach Rev Blk 2, lots 6-9. Assigned Planner: Wayne M. Wells, AICP, Planner III. FLD2005-01006/TDR2005-01016 6. Warner Hospitality, Scott A Warner, & Patricia A Kellan (Newkirk Ventures, Inc.) are requesting (1) Termination of Status of Nonconformity for density (16 existing attached dwelling units; 16 attached dwelling units proposed), under the provisions of Sec. 6-109; and (2) Flexible Development approval to permit 16 attached dwellings with reductions to the front (south) setback from 15 ft to 9 ft (to pavement) and from 15 ft to 3 ft (to trash staging area), reductions to the side (east) setback from 10 ft to 7.8 ft (to building) and from 10 ft to 5 ft (to pavement), reductions to the side (west) setback from 10 ft to 8.5 ft (to building) and from 10 ft to 5.3 ft (to pavement), a reduction to the rear (north) setback from 20 ft to 10 ft (to building and pavement) and an increase to building height from 35 ft to 87.3 ft (to roof deck) with perimeter parapets of 5.67 ft (from roof deck), under the provisions of Sec. 2-803.B. [Proposed Use: Attached dwellings (16 condominiums)] at 706 Bayway Blvd, Bel Crest Condo Units 1 & 17. Assigned Planner: Wayne M. Wells, AICP, Planner 111. FLD2005-03031 7. Clara & Dorothy Boldog, Americana Gulf Motels, Ltd, Ptr, Lucca Development, LLC, Thomas J & Stasia Wilk, & US-Euro-Trade, Inc. are requesting Flexible Development approval to permit attached dwellings in the Tourist District (Parcels A and B) and an increase in height from 30 ft to 148 ft (as measured from base flood elevation to the roof deck) (Parcel A), an increase in the height of a parapet wall from 30 inches (2.5 ft) to 7 ft (Parcel B), permit a building within the required sight visibility triangles along Coronado Drive and 5th Street and an increase in height from 30 ft to 64 ft (as measured from base flood elevation to the roof deck) (Parcel B) as part of a Comprehensive Infill Redevelopment Project under the provisions of Sec. 2-803.C., a Termination of the status of a nonconformity (equivalent of 119 hotel units [116 hotel units and 3 dwelling units] where 93 hotel units are permitted) within the Tourist District under the provisions of Sec. 6-109.C (Parcels A, B and C), Preliminary Plat and a Transfer of Development Rights (TDR2005-03020) of 18 hotel units from 401 Coronado/406 Hamden Drives (donor site) to 325 South Gulfview Blvd (receiver site - Parcels A, B and C) under the provisions of Sec. 4- 1402 and 4-1403. [Proposed Use: Attached dwellings (102 units)] at 325 S Gulfview Blvd, 326, 345, 347 & 353 Coronado Dr, & 346 Hamden Dr, Lloyd-White-Skinner Sub, Lots 63-66, & 112-117, Columbia Sub No 2 Blk A, Lots 12-14, & Collumbia Sub No 3 Lots 8, 9 & 9A. Assigned Planner: Mark T. Parry, Consulting Planner. FLD2005-02021/TDR2005- 03020/PLT2005-00010 8. Harold Barian (Dave Smart) are requesting Flexible Development approval to reduce the front (north) setback from 25 ft to 17 ft (to pavement), under the provisions of Sec. 2-404, to reduce the front (north) landscape buffer from 15 ft to 7 ft and reduce the front (west) landscape buffer from 10 ft to 5 ft as part of a Comprehensive Landscape Program under the provision of Sec. 3-1202.G. and a Preliminary Plat. [Proposed Use: Attached dwellings (10 townhome units)] at 1413 Sunset Pt Rd & 1871 Kings Hwy, Brentwood Estates Lots B & C. Assigned Planner: Mark T. Parry, Consulting Planner. FLD2005-03026/PLT2005-00009 9. Beach & Gulf Sands, Inc., & North Clearwater Beach Development (Anthony Menna) are requesting Flexible Development approval to permit 13 attached dwellings in the Tourist District and an increase in height from 35 ft to 64 ft (as measured from base flood elevation to the roof deck), an increase in the height 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 ft (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. 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: Mark T. Parry, Consulting Planner. FLD2005-03032/TDR2005-03019 10. Beckett Lake Lodee is requesting Flexible Development approval to permit the transfer of 1 dwelling unit (TDR2005-04021) from the portion of the subject site within the Preservation (P) district and Preservation (P) future land use plan (FLUP) category to a portion of the site within the Medium Density Residential (MDR) district and Residential Low Medium (RLM) FLUP category under the provisions of Sec. 4-1402 - 1403 and to allow an assisted living facility on the site located at 2271 Montclair Rd as a Residential Infill Project without fronting on a major arterial street approved by the Community Development Board on March 21, 2000) by expanding the number of beds from 144 beds to 180 beds, reduce the front (north) setback from 25 ft to 23 ft, not providing a landscaped wall or fence which will screen parking from adjacent parcels of land as required by Sec. 3-304.A.2 and a reduction in the required number of parking spaces from 90 spaces (1 space per 2 residents) to 72 spaces (1 space per 2.5 residents), as a Residential Infill Project, under the provisions of Sec. 2-304.G.. (Proposed Use: 180-bed Assisted Living Facility) at 2155 Montclair Rd, Sec. 01-29-15, M&B 14.01. Assigned Planner: Mark T. Parry, Consulting Planner FLD2005-03030 11. Boos Development Group, Inc (Boos Florida Development, LLC, Robert B Boos) are requesting Flexible Development approval to permit a fence\wall 6 ft in height within the front (north and south) setbacks along East Palmetto and Marilyn Streets, respectively on a property 0 0 within the Medium High Density Residential District (MHDR) (pending case ANX2005-03009), under the provisions of Sec. 3-804.A.1. (Proposed Use: 144 attached dwellings) at 2077 E Palmetto St & 2093 Palmetto St, Pinellas Groves SE '/4, Lots 3-4, 12-14, & Part of Lot 5. Assigned Planner: Mark T. Parry, Consulting Planner FLD2005-03028 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: 06/05/05 Mat' Ih 'arr? - ZOO - FW2ccG- CA 7- HACKING, G EDWARD POLLARD, WILLIAM F JR UNGER, JEFF HACKING, SALLY S POLLARD, EUNICE K UNGER, LISA A 440 ISLAND WAY 450 ISLAND WAY # 6-A 235 PALM ISL SW CLEARWATER FL 33767 - 2100 CLEARWATER FL 33767 - 2100 CLEARWATER FL 33767 - 1941 WOOD, DIANNE C LOVETT, CARROLL V CHACONAS, NICHOLAS 229 PALM ISL SW LOVETT, JOAN W CHACONAS, STEPHANIE H CLEARWATER FL 33767 - 1941 223 PALM ISL SW 217 PALM ISL SW CLEARWATER FL 33767 - 1941 CLEARWATER FL 33767 - 1941 HOURIGAN, TAMMIE BARAN, GARY J LONGENECKER, ROSEMARY W HOURIGAN, KEVIN BRRAN, LINDA D LIVING 211 PALM ISL SW 205 PALM ISL SW LONGENECKER, ROBERT L THE CLEARWATER FL 33767 - 1941 CLEARWATER FL 33767 - 1941 201 PALM ISLAND SW CLEARWATER FL 33767 - BEDNARSKI, JERRY A BUCK, ROBERT L FERNANDEZ, JOHN D BEDNARSKI, IRENE BUCK, RIKKI C FERNANDEZ, LINDA D 200 PALM ISL SW 210 PALM IS SW 216 PALM ISL SW CLEARWATER FL 33767 - 1940 CLEARWATER FL 33767 - 1940 CLEARWATER FL 33767 - 1940 MARCONI, MARK GARVIN, DONALD A FL INT IMP FUND THE BELLAMY, KAYLENE 4256 SANCTUARY WAY 347 FOREST LAKE RD 222 PALM ISL SW BONITA SPGS FL 34134 - 8700 LAWRENCEVILLE GA 30045 - 6005 CLEARWATER FL 33767 - 1940 DOLPHIN APT CONDO ASSN POWERS, JILL CURRY, JOHN M 210 DOLPHIN PT COPE, RICHARD W 210 DOLPHIN POINT RD # B CLEARWATER FL 33767 - 2106 210 DOLPHIN PT # A CLEARWATER FL 33767 - 2106 CLEARWATER FL 33767 - 2106 ATKINSON, LOUISE B MAC KAY, BRIAN R DOLPHIN POINT CONDO ASSN 210 DOLPHIN PT # C MAC KAY, CATHI B 1173 NE CLEVELAND ST CLEARWATER FL 33767 - 2106 210 DOLPHIN PT # D CLEARWATER FL 33755 - 4815 CLEARWATER FL 33767 - 2106 CURRENT OWNER COLE, ALLAN COLLINS, WOODROW M 205 DOLPHIN POINT # 1 COLE, SHEILA 2817 EMERALD DR CLEARWATER FL 33767 - 2105 205 DOLPHIN PT # 2 JONESBORO GA 30236 - 5303 CLEARWATER FL 33767 - GREEN, LINDA CLARK, ALLAN E COLE, ALLAN 205 DOLPHIN PT # 4 CLARK, JACQUELINE COLE, SHEILA CLEARWATER FL 33767 - 2105 108 QUEENSLINE DR 205 DOLPHIN PT # 6 NEPEAN ON K2H 7J5 00030 - CLEARWATER FL 33767 - CANADA DONOVAN, MERRY LENZ, JOHN M DOLPHIN'S LANDING HMOWNS 205 DOLPHIN PT # 7 LENZ, MARGARET M ASSN CLEARWATER FL 33767 - 2105 205 DOLPHIN PT # 8 372 LARBOARD WAY CLEARWATER FL 33767 - 2105 CLEARWATER FL 33767 - 2147 ORSATTI, CHARLES T 372 LARBOARD WAY CLEARWATER FL 33767 - KRATZ, CHARLES J KRATZ, NANCY A 246 DOLPHIN PT CLEARWATER FL 33767 - 2103 BATTLE CREEK HOSPITALITY INC 798 NINA DR TIERRA VERDE FL 33715 - SCHAEFER, NANCY E SCHAEFER, JAMES O 2330 STAGECOACH DR LAS CRUCES NM 88011 - 9002 POOK, PEACHES 234 DOLPHIN PT # 1 CLEARWATER FL 33767 - 2110 HINDMAN, JOHN R HINDMAN, CAROL S 234 DOLPHIN PT # 4 CLEARWATER FL 33767 - 2110 ISLAND VIEW CONDO ASSN INC 241 SKIFF PT STE 2 CLEARWATER FL 33767 - 2159 LONG, GARY C LONG, JACQUELINE A 241 SKIFF POINT # 3 CLEARWATER FL 33767 - 2159 NEWHOUSE, ROBERT D 231 SKIFF PT # 6 CLEARWATER FL 33767 - 2158 19 ASSAAD, NABEL ASSAAD, SAMIA 222 DOLPHIN PT CLEARWATER FL 33767 - 2107 CAVANAUGH, JAMES D CAVANAUGH, DOLORES M 1579 ALEXANDER RD CLEARWATER FL 33756 - 1907 SKIFF POINT OF CLEARWATER LLC 200 BRIGHTWATER DR # 2 CLEARWATER FL 33767 - SCHAEFER, NANCY E SCHAEFER, JAMES O 2330 STAGECOACH DR LAS CRUCES NM 88011 - 9002 POOK, PEACHES 234 DOLPHIN PT # 1 CLEARWATER FL 33767 - 21 10 PHILLIPS, BARBARA W ZUMBAUGH, GARY W 234 DOLPHIN PT # 5 CLEARWATER FL 33767 - 2110 LONG, GARY C LONG, JACQUELINE A THE 241 SKIFF PT # 3 CLEARWATER FL 33767 - 2159 JOHNSON, ROBERT JOHNSON, LINDA 241 SKIFF PT # 4 CLEARWATER FL 33767 - 2159 WHITE, JARED 231 SKIFF PT # 7 CLEARWATER FL 33767 - 2158 ?M J H PROPERTIES INC 2035 PHILIPPE PKWY SAFETY HARBOR FL 34695 - 2200 TOEWS, DORIS P 221 SKIFF PT CLEARWATER FL 33767 - 2157 SKIFF POINT OF CLEARWATER LLC 200 BRIGHTWATER DR # 2 CLEARWATER FL 33767 - ISLAND MOORINGS CONDO ASSN INC 234 DOLPHIN PT STE 4 CLEARWATER FL 33767 - 21 10 TYLER, ELIZABETH L DAVIS, RICHARD A 234 DOLPHIN PT # 3 CLEARWATER FL 33767 - 2110 SAKAYAN, GEORGE G SAKAYAN, MELINDA M 234 DOLPHIN PT # 6 CLEARWATER FL 33767 - 21 10 FLOYD, ROBERT E FLOYD, JUDITH L 208 SHORE DR PALM HARBOR FL 34683 - 5440 MERCER, ERIC 231 SKIFF PT # 5 CLEARWATER FL 33767 - 2158 DAUGHTRY, JAMES E 210 PALM ISL NW CLEARWATER FL 33767 - 1934 ISLE OF CLEARWATER CONDO MERCURIS, KOSTA B DAILY, TIMOTHY C ASSN MERCURIS, SHARON DAILY, CHRISTINA D PO BOX 838 200 DOLPHIN PT # 101 2950 MEADOW HILL DR CLEARWATER FL 33757 - 0838 CLEARWATER FL 33767 - 2101 CLEARWATER FL 33761 - 2825 ® • HILLEBOE, CHARLES R CURRENT OWNER MEYER, WARREN HILLEBOE, JUDITH B 200 DOLPHIN PT # 201 MEYER, LE ANN 200 DOLPHIN POINT # 103 CLEARWATER FL 33767 - 2101 3930 WHITESIDE ST CLEARWATER FL 33767 - 2101 LOS ANGELES CA 90063 - 1615 BUCHANAN, VIRGINIA S CARTER, DENNIS V HEDGES, ANNA BELLE 200 DOLPHIN PT # 203 CARTER, KAREN L 200 DOLPHIN PT # 302 CLEARWATER FL 33767 - 2101 200 DOLPHIN PT # 301 CLEARWATER FL 33767 - 2102 CLEARWATER FL 33767 - 2102 MC ARDLE, THOMAS H ALESSANDRINO, FRANK A KENNEDY, J SCOTT MC ARDLE, DONA F ALESSANDRINO, PATRICIA A KENNEDY, BEVERLY L 3610 VALLEY DR 200 DOLPHIN PT # 401 200 DOLPHIN PT # 402 MIDLAND MI 48640 - 6606 CLEARWATER FL 33767 - 2102 CLEARWATER FL 33767 - 2102 TILLER, CHRIS M B R CONDO ASSN INC MOYNAHAN, FRANK J TILLER, ANN 430 LARBOARD WAY MOYNAHAN, LUCILLE R 200 DOLPHIN PT # 403 CLEARWATER FL 33767 - 2153 430 LARBOARD WAY # 6 CLEARWATER FL 33767 - 2102 CLEARWATER FL 33767 - 2153 REKER, ROSE M BAKER, JOSEPH R JR REKER, ROSE M THE 430 LARBOARD WAY # 2 BAKER, EDITH 430 LARBOARD WAY # 2 CLEARWATER FL 33767 - 2153 430 LARBOARD WAY # 5 CLEARWATER FL 33767 - 2153 CLEARWATER FL 33767 - 2153 BAKER, JOSEPH R JR MOYNAHAN, FRANK J SEA ISLAND CONDO I ASSN INC BAKER, EDITH MOYNAHAN, LUCILLE R 400 LARBOARD WAY APT 202 430 LARBOARD WAY # 5 430 LARBOARD WAY # 6 CLEARWATER FL 33767 - 2188 CLEARWATER FL 33767 - 2153 CLEARWATER FL 33767 - 2153 BOUFFARD, PAUL E KEE, JOHN ROBERT PEREZ, FRANK BOUFFARD, WENDY L 35 DELAWARE AVE 400 LARBOARD WAY # 103 421 PALM IS SE OTTOWA ON K2P-OZ3; 00030 - CLEARWATER FL 33767 - 2149 CLEARWATER FL 33767 - 1939 CANADA BAXTER, ROGER L WINK, JOSEPH CHACONAS, NICK 400 LARBOARD WAY # 104 400 LARBOARD WAY # 105 CHACONAS, STEPHANIE CLEARWATER FL 33767 - 2149 CLEARWATER FL 33767 - 2187 400 LARBOARD WAY # 106 . - CLEARWATER FL 33767 - 2150 SMYTH, GREGORY B PLESKO-EVANS, FAYE L ALBERTERNST, KLAUS 8 COMMANCHE DR EVANS, AICY L ALBERTERNST, URSULA NEPEAN ON K2E 6E9 00030 - 400 LARBOARD WAY # 108 400 LARBOARD WAY # 201 CANADA CLEARWATER FL 33767 - 2150 CLEARWATER FL 33767 - 2188 MILLER, THOMAS J THE HAYLER, GARY F CLINE, AUSTIN L JR MILLER, QUINTON T THE HAYLER, MURIEL L CLINE, GENIEVEVE J 400 LARBOARD WAY # 202 123 E GLO14AVEN PL 400 LARBOARD WAY # 204 CLEARWATER FL 33767 - 2188 SIMPSONVILLE SC 29681 - CLEARWATER FL 33767 - 2188 GIGANTE, DONNA M DIVINE, LAWRENCE H THE WINK, STANLEY J 400 LARBOARD WAY # 205 DIVINE, DIANA M THE WINK, WANDA T CLEARWATER FL 33767 - 2187 195 LAKESHORE DR 400 LARBOARD WAY # 207 BLUE EYE MO 65611 - 7119 CLEARWATER FL 33767 - 2187 GERLACH, ROBERT W SEA ISLAND APTS 2 CONDO ASSN MEVIG, KARLEEN K GERLACH, NANCY L I MEVIG, ROBERT D 400 LARBOARD WAY # 208 270 SKIFF PT 270 SKIFF PT # A-1 CLEARWATER FL 33767 - 2187 CLEARWATER FL 33767 - 2177 CLEARWATER FL 33767 - 2160 HINTZ, BRUCE T ALLEN, C STEVEN STRATTON, PEGGY E THE 270 SKIFF PT # A-2 ALLEN, ROBIN S 1279 CRESTVIEW AVE SW CLEARWATER FL 33767 - 2160 270 SKIFF PT # A-3 NEW PHILADELPHIA OH 44663 - CLEARWATER FL 33767 - 2161 9642 BAYES, FRANCES GATES, JEAN H THE HESS, STEPHEN T BAYES, JAMES M 270 SKIFF PT # B-1 270 SKIFF PT # B2 270 SKIFF PT # A-5 CLEARWATER FL 33767 - 2160 CLEARWATER FL 33767 - 2160 CLEARWATER FL 33767 - 2161 HINTZ, BRUCE T HARMS, GREGORY WALZ, MARK R 17 ELIZABETH ST 25950 PALOMITA DR 270 SKIFF POINT # B-5 FLORAL PARK NY 11001 - 2014 VALENCIA CA 91355 - CLEARWATER FL 33767 - 2161 SKIFF HARBOR TWNHM ASSN INC MC CREAKY, ROBERT H DOHRMAN, EDWARD R 2106 DREW ST #103 212 SKIFF PT # 212 DOHRMAN, MARGARITA CLEARWATER FL 33765 - 3238 CLEARWATER FL 33767 - 2155 214 SKIFF PT # 214 CLEARWATER FL 33767 - 2155 SCHNEIDER, FRANCIS J THE NOLAN, EDWIN J PIBER, GUSTI A 514 WARREN AVE NOLAN, JOAN R 220 SKIFF PT HO-HO-KUS NJ 07423 - 218 SKIFF PT # 218 CLEARWATER FL 33767 - 2155 CLEARWATER FL 33767 - 2155 SPILLANE, CORNELIUS V JOHNSON, WILLIAM H SPILLANE, M DIANNE JOHNSON, SUZANNE R 222 SKIFF PT # 222 224 SKIFF PT # 224 CLEARWATER FL 33767 - 2155 CLEARWATER FL 33767 - 2155 WILLIAMS, DANIEL D SKIFF POINT CONDO ASSN INC PO BOX 1213 298 SKIFF PT # 402 NORMANDY BEACH NJ 08739 - CLEARWATER FL 33767 - 2163 TRUST # 226-072904 226 SKIFF PT # 226 CLEARWATER FL 33767 - 2155 MC NEILL, BARBARA K THE 1655 LEE RD CLEARWATER FL 33765 - 1700 NOVAK, LESLIE F OHM, EDITH B MATTIMOE, JOHN, G NOVAK, LINDA N 298 SKIFF PT # 103 MATTIMOE, MARGARET M 298 SKIFF PT # 102 CLEARWATER FL 33767 - 2162 2624 BARRINGTON DR CLEARWATER FL 33767 - 2162 TOLEDO OH 43606 - 3024 MANN, PHILIP C BEADLE, JAMES E GADDIS, SUSAN L 298 SKIFF PT # 202 BEADLE, JACQUELINE J 298 SKIFF PT # 301 CLEARWATER FL 33767 - 2162 PO BOX 381 CLEARWATER FL 33767 - AUGUSTA MI 49012 - 0381 REMARK, MARIANNE THE HARRIS, STACY B WETHERELL, GAYLE 11513 STREAMVIEW AVE MEADOWS, ROBIN B WETHERELL, STEVEN UNIONTOWN OH 44685 - 8214 22835 SHERIDAN ST 298 SKIFF PT # 401 DEARBORN MI 48128 - 1834 CLEARWATER FL 33767 - 2163 MALATESTA, JANE BEALE, THERESA M CLIPPER COVE & CUTTER COVE 298 SKIFF PT # 402 298 SKIFF PT CON CLEARWATER FL 33767 - 2163 CLEARWATER FL 33767 - 2178 600 BYPASS DR STE 215 CLEARWATER FL 33764 - 5075 F P C CORP GROSSMAN, PETER M WEBBER, PAUL W& BENNA L 355 HOLLOW HILL DR 400 ISLAND WAY # 102 REV L WAUCONDA EL 60084 - 9794 CLEARWATER FL 33767 - 2132 WEBBER, PAUL W BEN 234 DOLPHIN POINT RD # 5 CLEARWATER FL 33767 - 2110 DE VITO, CARMINE M SHEA, FRANK SEITHER, ELIZABETH C DE VITO, ELIZABETH SHEA, PATRICIA A 132 ISLAND WAY 400 ISLAND WAY # 104 400 ISLAND WAY # 105 CLEARWATER FL 33767 - 2216 CLEARWATER FL 33767 - 2132 CLEARWATER FL 33767 - 2132 CARROLL, BARBARA L ALEXIOU, NICHOLAS G WALTON, FLORENCE D THE 400 ISLAND WAY # 201 ALEXIOU, ANTHIE 400 ISLAND WAY # 203 CLEARWATER FL 33767 - 2132 400 ISLAND WAY # 202 CLEARWATER FL 33767 - 2132 CLEARWATER FL 33767 - 2132 CINELLI, DAVID ZEVGOLIS, GEORGE P THOMAS, WILLIAM E CINELLI, RICCARDO ZEVGOLIS, BEBA H THOMAS, JOAN F 2975 DE BLOIS 2031 HERITAGE PINES DR 6394 LONG POINT RD DUVERNAY LAVAL PQ H7E 5G6 CARY NC 27519 - 7132 BREWERTON NY 13029 - 8623 00030- CANADA LAMBOUSIS, THEDORE D PRAY, JOHN I JR DEVOL, KENNETH L 400 ISLAND WAY # 207 PRAY, DIANE E DEVOL, JOANNE C CLEARWATER FL 33767 - 2132 999 CIRCLE DR 400 ISLAND WAY # 209 DOVER DE 19901 - CLEARWATER FL 33767 - 2132 SAVINO, DANIEL POULIS, ASPACIA THE MC CARY, TRACY B SAVINO, MARIA 1339 WESTBROOK ST BALLANCE, TERESA 297 DELMAR AVE PORTLAND ME 04102 - 1618 400 ISLAND WAY # 212 STATEN ISLAND NY 10312 - 2837 CLEARWATER FL 33767 - 2132 BAGAN, LAURENCE J RICHARDSON, BEATRICE THE ZACKEY, GEORGETTE M BAGAN, ROSEMARY C DETERS, MARY THE HECQUET, PHILIP O 400 ISLAND WAY # 301 2000 15TH AVE SE # 533 3 SALTERNE MEADOWS CLEARWATER FL 33767 - 2132 SAINT CLOUD MN 56304 - 2428 BUDLEIGH SALTERON DEVON EX96SP 00009 - TTNTTF.T) KTWTDOM YOUNG, MARY A FOLEY, THOMAS J 400 ISLAND WAY # 304 FOLEY, MARQUERITE CLEARWATER FL 33767 - 2132 27 RIDGEWOOD RD WORCESTER MA 01606 - 2506 SORENSEN, BETHANY A 640 S BAYWAY BLVD # 306 CLEARWATER FL 33767 - 2605 MARTINEZ, MANUEL GANDINO, MARK 400 ISLAND WAY # 310 CLEARWATER FL 33767 - 2133 MOLINARO, FIFI 400 ISLAND WAY # 401 CLEARWATER FL 33767 - 2133 ALEXIOU, VICKI 400 ISLAND WAY # 202 CLEARWATER FL 33767 - 2132 HARNARAYAN, SASTRI 400 ISLAND WAY # 407 CLEARWATER FL 33767 - 2133 PETERMAN, GISELA M 400 ISLAND WAY # 410 CLEARWATER FL 33767 - 2133 BODAN, EILEEN 400 ISLAND WAY # 501 CLEARWATER FL 33767 - 2133 GODELAS, SAM T THE 621 ROSE DR MELROSE PARK IL 60160 - 2310 MULRENNAN, JAMES MULRENNAN, MARGARET 400 ISLAND WAY # 308 CLEARWATER FL 33767 - 2132 KARAVELIS FAMILY TRUST KARAVELIS, LEONIDAS THE 400 ISLAND WAY # 311 CLEARWATER FL 33767 - 2133 TRAIFOROS, PETER TRAIFOROS, ANGIE 5 RED OAKS CRES TORONTO ON M4G IA8 00030 - CANADA CARLSON, CAROL M 400 ISLAND WAY # 405 CLEARWATER FL 33767 - 2133 BARNES, MARIA S 1995 BELLEAIR RD CLEARWATER FL 33764 - 2536 GIAVARAS, STAVROS GIAVARAS, MARY K 400 ISLAND WAY # 411 CLEARWATER FL 33767 - 2133 KARAGAN, NICK KARAGAN, ELAINE 400 ISLAND WAY # 502 CLEARWATER FL 33767 - 2133 WAMBSER, JOHN R WAMBSER, PHYLLIS A 2 BAY CLUB DR BAYSIDE NY 11360 - 2917 BITCHAKAS, NORA J 400 E MILL ST PORT ALLEGANY PA 16743 - 1311 BLANKENBURG, IRENE 400 ISLAND WAY # 309 CLEARWATER FL 33767 - 2132 KATSAMAKIS, CLIFFORD KATSAMAKIS, PERICLES 160 PARKSIDE DR ROSLYN NY 11577 - 2210 KERINS, ROBERT J KERINS, NELLY H 400 ISLAND WAY # 403 CLEARWATER FL 33767 - 2133 LIAPAKIS, MICHAEL ZERVOUDIS, ELENI C 400 ISLAND WAY CLEARWATER FL 33767 - 2174 POULOS, JAMES POULOS, RINE 400 ISLAND WAY # 409 CLEARWATER FL 33767 - 2133 COTHALIS, KOSTAS COTHALIS, ELENI 400 ISLAND WAY # 412 CLEARWATER FL 33767 - 2133 SEALOCK, ERIC SEALOCK, PATRICIA 400 ISLAND WAY # 503 CLEARWATER FL 33767 - 2133 MYERS, MARLENE L 400 ISLAND WAY # 506 CLEARWATER FL 33767 - 2133 CURRAN, MYRTLE S VASIL, CYRUS THE WARSH, JOANNE 400 ISLAND WAY # 507 400 ISLAND WAY # 508 400 ISLAND WAY # 509 CLEARWATER FL 33767 - 2133 CLEARWATER FL 33767 - 2133 CLEARWATER FL 33767 - 2133 FRANGOS, GEORGE IOVINE, MICHAEL G KIOUSIS, TOM PONIROS, MARIA THE IOVINE, AGNES A KIOUSIS, FIFIKA 590 WASHINGTON AVE 47-12 168TH ST 400 ISLAND WAY # 512 WASHINGTON TWP NJ 07676 - 4317 FLUSHING NY 11358 - 3716 CLEARWATER FL 33767 - 2133 BUCCINA, JOSEPH B THE HALIABALIS, CHRISTOS NESSAS, PETER 400 ISLAND WAY # 601 HALIABALIS, MARY NESSAS, ATHENA CLEARWATER FL 33767 - 2134 37 WEST CEDARVIEW AVE 400 ISLAND WAY # 603 STATEN ISLAND NY 10306 - 1721 CLEARWATER FL 33767 - 2134 POMPILIO, FRANK R THE BENDS, DINO J RATSOS, NIKI POMPILIO, ANGELA THE BENDS, GLADYS G 400 ISLAND WAY # 606 133 VANCE CT 400 ISLAND WAY # 605 CLEARWATER FL 33767 - 2134 BARRINGTON EL 60010 - 1537 CLEARWATER FL 33767 - 2134 GONSKE, EDWIN G THEODOR, THOMAS REGAN, FRANK J GONSKE, ELTA J THEODOR, NIKE 10717 DALTON AVE 400 ISLAND WAY # 607 11300 RTE 71 TAMPA FL 33615 - 3502 CLEARWATER FL 33767 - 2134 YORKVILLE IL 60560 - MUNDY, ALAN E RAFTERY, BRIAN J THEOFII,IS, HELEN B 400 ISLAND WAY # 610 400 ISLAND WAY # 611 400 ISLAND WAY # 612 CLEARWATER FL 33767 - 2134 CLEARWATER FL 33767 - 2134 CLEARWATER FL 33767 - 2134 MONTERISI, FRANK VODDE, LEO B DI VELLO, MADDALENA LIVING MONTERISI, LUISE 1601 S HARRISON ST TRU 14950 POWELLS COVE BLVD FORT WAYNE IN 46802 - 5208 DI VELLO, MADDALENA THE WHITESTONE NY 11357 - 1147 400 ISLAND WAY # 703 CLEARWATER FL 33767 - JETT, GAYLE ANN LOPEZ, JOSEPH A THE ZIAS, GEORGE ZIMMER, DALE EDWARD LOPEZ, HERMELINDA THE ZIAS, KALITSA 3130 MONROE WAY 8613 S KOSTNER AVE 400 ISLAND WAY # 706 ALPHARETTA GA 30004 - CHICAGO EL 60652 - 3542 CLEARWATER FL 33767 - 2134 PRIHODA, JAMES J THE MC DONAGH, BRIDGET M CUZZOLINO, JOHN PRIHODA, KATHLEEN A THE MC DONAGH, JULIA A CUZZOLINO, CONCETTA 400 ISLAND WAY # 707 400 ISLAND WAY # 708 98 MURRAY HILL TER CLEARWATER FL 33767 - 2134 CLEARWATER FL 33767 - 2134 MARLBORO NJ 07746 - 1751 FREDRICK, DAVID W LIAKOPOULOS, ODYSSEAS LE GERE, EDMOND J FREDRICK, MERRY L LIAKOPOULOS, CHRISTINE LE GERE, DIANA 1105 GATEWAY BLVD 9005 N ORIOLE 400 ISLAND WAY # 712 WAVERLY IA 50677 - 1462 MORTON GROVE EL 60053 - 1855 CLEARWATER FL 33767 - 2134 LIVANOS, ARETI ETCELL, GEORGE J KAPLANIS, ANNA 400 ISLAND WAY # 801 400 ISLAND WAY # 802 400 ISLAND WAY # 803 CLEARWATER FL 33767 - 2134 CLEARWATER FL 33767 - 2134 CLEARWATER FL 33767 - 2134 TAGLIA, ANTHONY ISTAGLIA EXCHANGE TRUST *KILGO, EDWARD TAGLIA, MARY 6 COTTAGE ST STE 3 1227 DIVISADERO ST 400 ISLAND WAY # 804 PEPPERELL MAO 1463 - SAN FRANCISCO CA 94115 - CLEARWATER FL 33767 - 2135 ALEXOPOULOS, ANGELA FRISQUE, ALVIN J THE ZANTAL, PETER 400 ISLAND WAY # 807 129 ACACIA CIR # 502E ZANTAL, LORETTA A CLEARWATER FL 33767 - 2135 INDIAN HEAD PARK IL 60525 - 400 ISLAND WAY #809 9057 CLEARWATER FL 33767 - 2135 FORD, CLARENCE H ARMSTRONG, MARGARET G MIRELLI, VINCENT FORD, VIRGINIA R 400 ISLAND WAY # 811 KIPP, TERESA 400 ISLAND WAY # 810 CLEARWATER FL 33767 - 2135 10104 EAST BEXHILL DR CLEARWATER FL 33767 - 2135 KENSINGTON MD 20895 - NOLTE, CARL DRUMMOND, JAMES A LYONS, JUDITH A NOLTE, FRIEDA H DRUMMOND, SANDRA K 400 ISLAND WAY # 903 400 ISLAND WAY # 901 625 HIDDEN LN CLEARWATER FL 33767 - 2135 CLEARWATER FL 33767 - 2135 GROSSE POINTE WOODS MI 48236 -1520 LANGELIER, RAYMOND J FOUAD, MOHAMED H PANTELIS, KYRIACOS LANGELIER, MARGARET MOHAMED, NADIA 400 ISLAND WAY #1507 115 DENISE DR 400 ISLAND WAY # 905 CLEARWATER FL 33767 - 2137 SCHENECTADY NY 12309 - 1137 CLEARWATER FL 33767 - 2135 BUCCINA, ROSE M CASE, WALTER A STEPHENS, MARY C BUCCINA, JOAN B CASE, NANCY K 400 ISLAND WAY # 909 400 ISLAND WAY # 907 400 ISLAND WAY # 908 CLEARWATER FL 33767 - 2135 CLEARWATER FL 33767 - 2135 CLEARWATER FL 33767 - 2135 BRUNO, SALVATORE J WOJCIK, ELSIE M HERRIN, MARGARET A BRUNO, VIOLA 28359 FORESTBROOK DR 400 ISLAND WAY # 912 400 ISLAND WAY # 910 FARMINGTN HLS MI 48334 - 5214 CLEARWATER FL 33767 - 2135 CLEARWATER FL 33767 - 2135 LOULOUSIS, CHRIS MURPHY, ALEIDA METALA, ELIZABETH THE LOULOUSIS, BARBARA 400 ISLAND WAY # 1002 400 ISLAND WAY # 1003 3007 KENSINGTON AVE CLEARWATER FL 33767 - 2135 CLEARWATER FL 33767 - 2135 WESTCHESTER IL 60154 - 5136 SOULIOS, SOCRATIS KAHANU, DRAGO BRICE, TRACY SOULIOS, EVDOXIA KAHANU, DOROTHY 400 ISLAND WAY # 1006 8827 PONTIAC ST 400 ISLAND WAY # 1005 CLEARWATER FL 33767 - 2135 QUEENS VLG NY 11427 - 2719 CLEARWATER FL 33767 - 2135 HUSNI, FAROUK Y THE 876164 ONTARIO INC ROUSKAS, MICHAEL HUSNI, ISIS N THE 8 BOWES CT 400 ISLAND WAY # 1009 400 ISLAND WAY # 1007 BOLTON ON L7E 1A4 00030 - CLEARWATER FL 33767 - 2136 CLEARWATER FL 33767 - 2136 CANADA • • KOMETAS, ERMENE MARTINELLI, NICHOLAS W BARRY, KEVIN P 400 ISLAND WAY # 1010 111 EAST RD BARRY, DORISANN P CLEARWATER FL 33767 - 2136 BROAD BROOK CT 06016 - 9582 400 ISLAND WAY # 1012 CLEARWATER FL 33767 - PETERS, ROBERT S PETERS, DONNA E 44600 JOHN ALDEN PLYMOUTH MI 48170 - 3715 GARRETT, KEN GARRETT, DARLENE 64600 SR 331 BREMEN IN 46506 - DANA, MAYER 702 PONCE DE LEON BLVD CLEARWATER FL 33756 - LAMORGESE, ORONZO LAMORGESE, CARMELA 4604 104TH ST CORONA NY 11368 - 2813 SCOPIS, JOHN W SCOPIS, ELEANORA 400 ISLAND WAY # 1107 CLEARWATER FL 33767 - 2136 SHAMGAR, M 400 ISLAND WAY # 1110 CLEARWATER FL 33767 - 2136 O'NEII L, MARION P 400 ISLAND WAY # 1201 CLEARWATER FL 33767 - 2136 FAJEINC 33 ROSELAWN CRE MONT ROYAL PQ H3P 11-18 00030 - CANADA TENEDIOS, CHRIS TENEDIOS, STEVE 4235 ARIEL AVE TOLEDO OH 43623 - 3716 CARDULLIAS, PETER J II 2685 SOUTH RD CINCINNATI OH 45233 - 4314 RAYMON, FAYE B 400 ISLAND WAY # 1105 CLEARWATER FL 33767 - 2136 FIFFY, JAMES FIFFY, JOANNA 400 ISLAND WAY # 1108 CLEARWATER FL 33767 - 2136 WASFY, GAMAL M WASFY, FATMA G 400 ISLAND WAY # 1111 CLEARWATER FL 33767 - 2136 PIGOTT, LEO P THE 400 ISLAND WAY # 1202 CLEARWATER FL 33767 - 2136 PETERS, MARGARET A PETERS, JAMES F 400 ISLAND WAY # 1205 CLEARWATER FL 33767 - 2136 FARHAT, ANDRE J FARHAT, BRIDGET A 14 HARBOR HEIGHTS RD SCITUATE MA 02066 - 1320 CARLIN, MARGARET 40 FAHY AVE STATEN ISLAND NY 10314 - 7201 FRANGO, PETER E FRANGO, MARY 17377 SUMMIT DR NORTHVILLE MI 48167 - 3203 TANIOS, ISHAC S TANIOS, MARY M 618 E OLIVE ST ARLINGTON HEIGHTS IL 60004 - 4951 MAZIAN, FLORENCE I 400 ISLAND WAY # 1112 CLEARWATER FL 33767 - 2136 GED, HELEN E 400 ISLAND WAY # 1203 CLEARWATER FL 33767 - 2136 ZELONY, FRANCES 400 ISLAND WAY # 1206 CLEARWATER FL 33767 - 2136 MANGAS, RICHARD L MANGAS, MURIEL 90 DEERFIELD RD WEST CALDWELL NJ 07006 - 8133 HERBOLD, HENRY J 400 ISLAND WAY # 1212 CLEARWATER FL 33767 - 2137 BESTENLEHNER, FRANCIS G PONIROS, MARKOS THE MC LAUGHLIN, EDA B REILLY, CAROL B 400 ISLAND WAY # 1402 400 ISLAND WAY # 1403 400 ISLAND WAY # 1401 CLEARWATER FL 33767 - 2137 CLEARWATER FL 33767 - 2137 CLEARWATER FL 33767 - 2137 PANETTA, JOHN D 196 ELIOT ST NATICK MA 01760 - 5509 SHAW, LEROY J 400 ISLAND WAY # 1701 CLEARWATER FL 33767 - 2131 KILGO, AMELIA A KILGO, ROBERT M 2416 FOXHEAD WAY CLEARWATER FL 33759 - SULLIVAN, SHERRI 400 ISLAND WAY # 1707 CLEARWATER FL 33767 - 2131 OCOLE,ALLEN COLE, SHELLA 252 DOLPHIN PT CLEARWATER FL 33767 - BUSTARD, ROBERT G SEYFARTH, EILEEN C 1239 CASTLE HILL AVE BRONX NY 10462 - 4813 OWENS, RUSSELL I SCHERR, MARIE A 400 ISLAND WAY # 1705 CLEARWATER FL 33767 - 2131 RATHMELL, JOHN T RATHMELL, JANET D 400 ISLAND WAY # 1708 CLEARWATER FL 33767 - 2131 COLBERT, ROBERT L HOUSH GHOVAEE 3 YEARDLEYS GRANT NORTHSIDE ENGINEERING WILLIAMSBURG VA 23185 - 6529 SERVICES, INC 601 CLEVELAND ST, SUITE 930 CLEARWATER, FL 33755 DOLPHIN COVE CONDO ASSOC 255 DOLPHIN POINT CLEARWATER, FL 33767 4VODDE, LEO B 1601 S HARRISON ST FORT WAYNE IN 46802 - 5208 ZERVOUDIS, STEVE ZERVOUDIS, ANGELA 400 ISLAND WAY # 1703 CLEARWATER FL 33767 - 2131 LAYTON, HORACE L 400 ISLAND WAY # 1706 CLEARWATER FL 33767 - 2131 POUGAKIOTOU, NIOVI PO BOX 50411 THESSALONIKI 00010 - GREECE DOUG WILLIAMS, PRESIDENT CLEARWATER NEIGHBORHOODS COALITION 2544 FRISCO DRIVE CLEARWATER, FL 33761 200 Skiff FLD2005-01012 Mark Parry FRARY, TIMOTHY E ?PUORTO, JOHN W .KELLY, ROSEMARIE LAPPIN-FRARY, BERNADETTE CHAPPUIS, ISABELLE 400 ISLAND WAY # 1406 400 ISLAND WAY # 1404 400 ISLAND WAY # 1405 CLEARWATER FL 33767 - 2137 CLEARWATER FL 33767 - 2137 CLEARWATER FL 33767 - 2137 LIGNELL, SUE C HUEY, CHARLES E STREEM, RONALD M THE 400 ISLAND WAY # 1407 400 ISLAND WAY # 1408 400 ISLAND WAY # 1409 CLEARWATER FL 33767 - 2137 CLEARWATER FL 33767 - 2137 CLEARWATER FL 33767 - 2137 BOCTOR, IBRAHIM BHAME, WILLIAM N THE POULOS, PETER BOCTOR, MARY 400 ISLAND WAY # 1411 POULOS, CHRISOULA 400 ISLAND WAY # 1410 CLEARWATER FL 33767 - 2137 400 ISLAND WAY # 1412 CLEARWATER FL 33767 - 2137 CLEARWATER FL 33767 - 2137 HENDERSON, OTIS W RIORDAN, ROBERT LYNCH, JAMES F JR. HENDERSON, IRENE RIORDAN, KATHLEEN LYNCH, PATRICIA A 400 ISLAND WAY # 1501 40 COLUMBUS AVE 400 ISLAND WAY # 1503 CLEARWATER FL 33767 - 2137 HASBROUCK HTS NJ 07604 - 1023 CLEARWATER FL 33767 - 2137 ABDEL-MALAK, FAHMY MC CASLAND, JAMES A MICHALAKIS, MARIO ABDEL-MALAK, WEDAD MC CASLAND, MARIE J MICHALAKIS, HELEN 4076 WELLINGTON PKWY 1509 PRICE CIR 45 94TH ST PALM HARBOR FL 34685 - 1174 CLEARWATER FL 33764 - 2511 BROOKLYN NY 11209 - 6603 DANA, MAYER FARHAT, ANDRE J SOTTILE, VINCENT J DANA, LILY FARHAT, BRIDGET A 400 ISLAND WAY # 1509 702 PONCE DE LEON BLVD 14 HARBOR HEIGHTS RD CLEARWATER FL 33767 - 2137 BELLEAIR FL 33756 - 1004 SCITUATE MA 02066 - 1320 DANA, MARCOS KUEHL, STEPHEN J BRUNNER, JOHN R 400 ISLAND WAY # 1510 400 ISLAND WAY # 1511 BRUNNER, PATRICE A CLEARWATER FL 33767 - 2137 CLEARWATER FL 33767 - 2137 400 ISLAND WAY # 1512 CLEARWATER FL 33767 - 2137 MAREK, MILDRED E KATTAN, HISHAM A KEDAN, ELLA THE 4833 E TRINDLE RD # 505 JENNINGS, BONITA J 2354 HADDON HALL PL MECHANICSBURG PA 17050 - 3652 400 ISLAND WAY # 1602 CLEARWATER FL 33764 - 7510 CLEARWATER FL 33767 - 2131 TSETSEKAS, JOHN NOVAK, JOHN H KOSTAKIS, PETER T TSETSEKAS, HARRIET NOVAK, JUDY A PO BOX 614 400 ISLAND WAY # 1604 400 ISLAND WAY # 1605 MILLER PLACE NY 11764 - 0614 CLEARWATER FL 33767 - 2131 CLEARWATER FL 33767 - 2131 GITTELMAN, LEON SUTPHEN, ELAINE BLUESTONE, SEYMOUR S GITTELMAN, ELIZABETH 400 ISLAND WAY # 1608 400 ISLAND WAY # 1609 400 ISLAND WAY # 1607 CLEARWATER FL 33767 - 2131 CLEARWATER FL 33767 - 2131 CLEARWATER FL 33767 - 2131 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, May 17, 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 04-19-05) Clearwater Yacht Club, Inc. is requesting Flexible Development approval to permit a 3 story, 18,500 sq ft Yacht Club with offices, exercise room, restaurant and parking garage structure, with reductions to the front (south) setback from 15 ft to zero ft to pavement and 4 ft to building structure; to permit a building within the sight visibility triangles along Bayway Blvd, a reduction of rear (north) setback from 20 ft to zero ft to paver deck and 18 ft to building and an increase in building height from 25 ft to 46.5 ft to mean roof height, as a Comprehensive Infill Project, under the provisions of Sec 2-803.E. (Proposed Use: Marina) at 830 Bayway Blvd, Bayside Sub No 6' Unit A, Blk D, Lots 5-11 Incl. FLD2005-01008 n AR? 0 (Cont. from 04-19-05) Skiff Point of Clearwater, LLC is requesting Flexible Development approval to permit 15 attached dwelling units with reductions to the front (east) setback from 25 ft to 15 ft to building and from 25 ft to 3 ft to pavement; a reduction to the side (north and south) setbacks from 10 ft to 6.5 ft to building and 5 ft to parking; a reduction to the rear (south) setback from 15 ft to zero ft to pool deck, 5 ft to pool and 7.5 ft to parking; and an increase in height from 30 ft to 49 ft to roof deck and additional 4 ft for parapet (from roof deck to top of parapet) and an additional 16 ft for elevator overrun (from roof deck), as a Residential Infill Project, in the Island Estates Neighborhood Conservation Overlay District (IENCOD) / Medium High Density Residential (MHDR) District under the provisions of Secs 2-404(F) and 2-1602(C). [Proposed Use: Attached dwellings (15 dwelling units)] at 200 and 201 Skiff Point, Island Estates of Clearwater, Unit 5-A, Lots 35-36. FLD2005-01012 3. K & P Clearwater Estate, LLC is requesting Flexible Development approval to modify the location of an elevated pedestrian walkway over South Gulfview Blvd, as a Comprehensive Infill Redevelopment Project, under the provisions of Sec 2-803.C (previously approved under Case No. FLD2004-02013, approved by the Community Development Board on October 19, 2004, for a (1) Flexible Development application to Terminate the Status of a Nonconformity for density within the Tourist District, under the provisions of Sec 6-109.C; (2) Flexible Development application to permit 350 overnight accommodation units and 75 attached dwellings as a mixed use (with increase in density of 250 hotel rooms from the Beach by Design density pool), with a reduction to the front (east along Coronado Dr) setback from 15 ft to zero ft (to building), a reduction to the front (south along proposed Second St) setback from 15 ft to zero ft (to building), a reduction to the front (west and north along South Gulfview Blvd) setback from 15 ft to zero ft (to building), an increase to the building height from 35 ft to 150 ft (to roof deck) with an additional 5 ft for perimeter parapets (from roof deck) and an additional 33 ft for elevator, stair, mechanical rooms/architectural embellishments (from roof deck), deviations to allow stacked parking, allow access to a major arterial St and allow a building within the required sight visibility triangles at the intersection of Coronado Dr and proposed Second St, as a Comprehensive Infill Redevelopment Project, under the provisions of Sec 2-803.C, and to eliminate the required foundation landscaping along Coronado Dr and proposed Second St, as a Comprehensive Landscape Program, under the provisions of Sec 3-1202.G; and (3) the vacation of a portion the right-of-way for Gulfview Blvd between Coronado Dr and proposed Second St, the vacation of the First St right-of-way between Coronado Dr and Gulfview Blvd, the dedication of right-of-way for proposed Second St between Coronado Ave and Gulfview Blvd and the dedication of right-of-way for Coronado Dr between proposed Second St and Gulfview Blvd). (Proposed Use: Hotel of 350 rooms (127.78 rooms/acre), 75 attached dwellings (27.38 units/acre) and a maximum of 37,000 sq ft (0.31 FAR) of amenities accessory to the hotel, at a height of 150 ft (to roof deck) with an additional 5 ft for perimeter parapets (from roof deck) and an additional 33 ft for elevator, stair, mechanical rooms/architectural embellishments (from roof deck) at 100 Coronado Dr and 201, 215 and 219 South Gulfview Blvd, Lloyd-White-Skinner Sub, Lots 44-55, 90-100, 102, and parts of lots 56 and 101, & Vac St and Columbia Sub Blk A. FLD2004-02013A 4. GTE Federal Credit Union is requesting Flexible Development approval to modify an adopted condition of approval relating to hours of operation for a retail sales (financial services), as a Comprehensive Infill Redevelopment Project, under the provisions of Sec 2-1304.C (previously approved under Case No. FLD2003-09047, approved by the Community Development Board on December 16, 2003, a Flexible Development application to permit retail sales [financial services] with deviations to allow direct access to a major arterial St [North Belcher Rd], to allow the use as a permitted use and in a separate, primary building and to allow the use to serve patrons beyond the industrial area, as a Comprehensive Infill Redevelopment Project, under the provisions of Sec 2-1304.C). (Proposed Use: Credit Union) at 1750 North Belcher Rd, Belcal Commercial Condo, Unit 1. FLD2003-09047A 5. Corbett Development, Inc. is requesting Flexible Development approval to permit offices with a reduction to the minimum lot area from 20,000 sq ft to 14,810 sq ft, a reduction to the front (west) setback from 20 ft to 15.5 ft (to pavement), a reduction to the front (south) setback from 20 ft to 10 ft (to pavement), a reduction to the side (north) setback from 15 ft to 5 ft (to pavement), reductions to the side (east) setback from 15 ft to 9 ft (to building and garage) and from 15 ft to 5 ft (to pavement) and to increase the size of an accessory garage structure from 10 percent to 15 percent of the gross floor area of the primary structure, as a Comprehensive Infill Redevelopment Project, under the provisions of Secs 2-1304.C and 3-201. (Proposed Use: A two-story, 4,000 sq-ft office building with an accessory 600 sq-ft garage) at 1315 South Fort Harrison Ave, Belleair, Blk 13, Lots 9-11 Incl & W '/z Vac Alley. FLD2005-02019 6. Power Legal Advisory, Inc. is requesting (1) Flexible Development approval to permit 2 attached dwellings with a reduction to the minimum lot area from 15,000 sq ft to 9,486 sq ft, a reduction to the minimum lot width from 150 ft to 70 ft and a deviation to permit parking that is designed to back into the public right-of-way, as a Residential Infill Project, under the provisions of Sec 2-404.F; and (2) Preliminary Plat approval for a 2 lot subdivision, under the provisions of Sec 4-702 (PLT2005-00005). (Proposed Use: 2 attached dwellings) at 111 Kenwood Ave, R.H. Padgett's Estates Re Sub, Lot 10. FLD2005-02023 7. SSpinecare Properties, LLC is requesting Flexible Development approval to permit a 2 story, 45,000 sq ft medical clinic with non-residential off-street parking in the Low Medium Density Residential District under the provisions of Sec 2-204.C; a reduction to the front (west) setback from 25 ft to 15 ft to pavement; a reduction to the side (south) setback from 10 ft to 4 ft to parking; and an increase in building height from 30 ft to 35 ft for top of parapet and to 43 ft for elevator/stair tower; as a Comprehensive Infill Project, under the provisions of Sec 2-1204.A and a Comprehensive Landscape Program under the provisions of Sec 3-1202.G. (Proposed Use:. 0 4 Medical Clinic) at 3280 McMullen Booth Rd, Geiger Tract, Lot 1, & Sec 21-28-16, M&B 22.01. FLD2005-01014 8. Four Seasons Development, LLC, (Pierre Cournoyer) are requesting Preliminary Plat approval for 4 residential townhome lots to be called "Four Seasons Townhomes" as previously approved under FLD2002-12044. (Proposed Use: Attached Dwellings) at 100 North Lady Marv Dr, Brookwood Terrace Revised, Blk 2, Lots 15-16 & part of Lot 14. PLT2005-00003 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 Cynthia E. Goudeau, CMC City Clerk City of Clearwater P.O. Box 4748, Clearwater, FL 33758-4748 NOTE: Applicant or representative must be present at the hearing. A COPY OF THIS AD IN LARGE PRINT IS AVAILABLE IN OFFICIAL RECORDS AND LEGISLATIVE SERVICES. ANY PERSON WITH A DISABILITY REQUIRING REASONABLE ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS MEETING SHOULD CALL (727) 562-4093 WITH THEIR REQUEST. Ad: 05-01-05 go . 00 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, April 19, 2005, beginning at 1:00 PM, 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 1/18/05) LBJ, LLC (BJE, Inc.) are requesting (1) Flexible Development approval to permit a mixed use (proposed parking garage and attached dwellings in conjunction with existing retail sales) with a reduction to the front (east) setback from 25 ft to 4.77 ft (to building), a reduction to the side (north) setback from 10 ft to 2.91 ft (to building), reductions to the side (south) setback from 10 ft to zero ft (to dumpster enclosure), from 10 ft to 1.74 ft (to pavement) and from 10 ft to 2.6 ft (to building), a reduction to the rear (west) setback from 20 ft to 0.5 ft (to building), to increase the building height from 35 ft to 70 ft (to roof deck) with an additional 4 ft for perimeter parapets (from roof deck) and an additional 16 ft for rooftop pavilion (from roof deck) and to permit a building within the visibility triangles, as a Comprehensive Infill Redevelopment Project, under the provisions of Sec 2-803.C., and a reduction to the width of foundation landscaping along Poinsettia Avenue from 5 ft to 4.77 ft, as a Comprehensive Landscape Program under the provisions of Sec 3-1202.G; and (2) Transfer of Development Rights of 4 units from 656 Bayway Blvd, under the provisions of Sec 4-1402. [Proposed Use: Mixed use (4 level parking garage with 355 parking spaces and 28 attached dwelling units [condominium] in conjunction with 37,940 sq ft of existing retail sales)] at 483 Mandalay Ave, Clearwater Beach Park, ls` Add Replat, Blk A, Lots 2-7, & 15 ft Vac Alley on W & Lot 8. FLD2004-09072/TDR2005-01015 2. (cont. from 3/22/05) Liberty Bank (Liberty Realty Group) are requesting Flexible Development approval (1) to permit retail sales and service (bank) and offices in the Commercial District with a reduction to the front (north) setback from 25 to 23.5 ft (to pavement), a reduction to the front (east) setback from 25 ft 20 ft (to building), an increase to building height from 25 ft to 28 ft (to roof deck) with an additional 3.33 ft for parapet (from roof deck) and an additional 8.83 ft for architectural embellishments (from roof deck), a reduction to required parking from 38 to 35 spaces and a deviation to allow direct access to a major arterial street (Gulf to Bay), as a Comprehensive Infill Redevelopment Project, under the provisions of Sec 2-704.C; (2) to permit non-residential parking in the Medium Density Residential District with a reduction to front (east) setback from 25 ft to 15 ft (to pavement) and a deviation to place landscaping on the inside of the buffer fence along the west and south sides of the property, as a Residential Infill Project, under the provisions of 2-304.G. (Proposed Use: Bank and office space) at 1611 Gulf to Bay Blvd, Longview Sub, Lots 34, 19-21. FLD2004-11080 3. (cont. from 3/22/05) Haddon House Inn, Inc. (Haddon House of Clearwater, LLC) are requesting (1) Flexible Development approval to permit 14 attached dwellings with reductions to the front (south) setback from 25 ft to 15 ft (to building) and from 25 ft to 4.2 ft (to trash staging area), a reduction to the front (west) setback from 25 ft to 8 ft from the Coastal Construction Control Line (to pool deck), reductions to the side (north) setback from 10 ft to 5.9 ft (to building), from 10 ft to 5 ft (to pool deck) and from 10 ft to 2 ft (to sidewalk), a reduction to the 0 0 0 0 side (west) setback from 10 ft to 3.2 ft (to sidewalk), a reduction to the side (east) setback from 10 ft to 6 ft (to sidewalk), and an increase to height from 30 ft to 64 ft (to roof deck) with an additional 4.16 ft for perimeter parapet (from roof deck) and an additional 15.83 ft for a rooftop pavilion (from roof deck), as a Residential Infill Project, under the provisions of Sec 2-404.17; (2) a reduction to the landscape buffer along Idlewild Street from 10 ft to 4.2 ft (to trash staging area), a reduction to the landscape buffer along the north property line from 10 ft to 5.9 ft (to building), from 10 ft to 5 ft (to pool deck) and from 10 ft to 2 ft (to sidewalk), a reduction to the landscape buffer along the west property line from 10 ft to 3.2 ft (to sidewalk) and a reduction to the landscape buffer along the eastern property line from 10 ft to 6 ft (to sidewalk), as a Comprehensive Landscape Program, under the provisions of Sec 3-1202.G; (3) Transfer of Development Rights for one dwelling unit from 321 Coronado Drive, under the provisions of Sec 4-1403. [Proposed Use: Attached dwellings (14 condominiums)] at 12 Idlewild St, Clearwater Beach Rev, Blk3, Lots 1, 13-15 & W 1/2 of Lot 12. FLD2004-10076 4. George C Clark Investments (Global Financial Investments, LLC / Equity Investments, LLC / KB Home - Tampa, LLC) are requesting Flexible Development approval with reduction of the front (east) setback along Lawson Rd from 25 ft to 18 ft (to building), from 25 ft to 14 ft (to pavement), reductions to front (west) setback along Lawson Rd from 25 ft to 7 ft (to patios), from 25 ft to 11 ft to (building) and from 25 ft to 10 ft (to pavement), a reduction of the front (south) setback along Blackburn St from 25 ft to 10 ft (to pavement), and a reduction to a landscape buffer from 10 ft to 7 ft (to patios) along the east side of Lawson Rd, as a Residential Infill Project, under the provisions of Sec 2-304.G. and Preliminary Plat approval for 248 lots, and as a Comprehensive Landscape Program, under the provisions of Sec 3-1202.G. (Proposed Use: A residential development of 248 attached dwellings) at 2520 Sunset Point Rd, Blackburn's Sub, Pt of Lots 10-12 & Vac St. FLD2004-02011A/PLT2004-00007A 5. Bay Harbor, LLC (Baywatch Suites, Inc.) are requesting Flexible Development approval to construct a 1,376 sq ft multi-use dock facility to provide 8 slips as an amenity to 19 condominium units. The request includes an increase of the width of the dock from 75 percent of the lot width (135 ft) to 77 percent of the lot width (139 ft), and a reduction of the side (west) setbacks from 17.98 ft to 10.3 ft to the dock, per Sec 3-601.C.3. (Proposed Use: Construct a multi-use dock of 1,376 sq ft for 8 slips) at 600 Bayway Blvd, Bayside Sub No. 5, Blk A, Lots 6-8 & Riparian Rts. FLD2005-01010 6. MSPA Acquisition H, LP is requesting (1) Termination of Status of Nonconformity for density to allow the continuation of an existing 217-room/unit hotel (where 74 rooms/units are permitted today) and for height to allow the existing 155-ft high building (where a maximum height of 150 ft is permitted today); (2) Flexible Development approval to permit a 217-room/unit overnight accommodation use with a reduction to the rear (west) setback from 20 ft to zero ft (to patio/pool decking and tiki bars) and to allow patio/pool decking seaward (westward) of the Coastal Construction Control Line, an increase to building height from 35 ft to 155 ft (to existing roof deck) and a reduction to required parking from 217 to 201 spaces (existing), as a Comprehensive Infill Redevelopment Project, under the provisions of Sec 2-803.C; (3) a reduction to the required interior landscape area, as a Comprehensive Landscape Program, under the provisions of See 3-1202.G; and (4) Comprehensive Sign Program approval, under the provisions of Sec 3-1807 (SGN2005-01016). (Proposed Use: Retain existing 217-room overnight accommodation use) at 430 South Gulfview Blvd, Lloyd-White-Skinner Sub, Lots 33- 35 & Pt of Lot 36 & Subm Land on W. FLD2005-01005/SGN2005-01016 7. Sunspree Green, LLC is requesting (1) Termination of Status of Nonconformity for density for the existing 105-room hotel tower, located on 2.383 acres (density to be converted to 78 0 0 . . dwelling units); (2) Flexible Development approval to permit attached dwellings with reductions to the front (north along S. Gulfview Blvd.) from 15 ft to 11.88 ft (to security guard house) and from 15 ft to 6.42 ft (to pavement), a reduction to the front (east along Gulf Blvd.) from 15 ft to zero ft (to pavement), a reduction to the side (west) setback from 10 ft to 4.29 ft (to pavement), a reduction to the side (south) setback from 10 ft to zero ft (to boardwalk), an increase to building height from 35 ft to 150 ft (to roof deck) with an additional 11 - 21 ft for decorative mansard architectural embellishments, an increase to fence height within the front setback from 6 ft to 7 ft and a deviation to allow a building within visibility triangles, as a Comprehensive Infill Redevelopment Project, under the provisions of Sec 2-803.C; (3) Transfer of Development Rights of 10 units from 41 Devon Dr and 3 units from the Sandpearl project located generally at 500 Mandalay Ave, under the provisions of Sec 4-1402 (TDR2005-01017); and (4) Preliminary Plat for 1 lot (PLT2005-00002). [Proposed Use: Attached dwellings (149 dwelling units)] at 715 S. Gulfview Blvd, Bayside Shores, Blk D, Lots 1-2 & Accreted Land to S. FLD2005- 01016/TDR2005-01017/PLT2005-00002 8. Panaroma on Clearwater Beach, LLC is requesting (1) Termination of Status of Nonconformity for density (15 overnight accommodation units, to be converted to 11 dwelling units, plus 8 existing dwelling units), under the provisions of Sec 6-109; (2) Flexible Development approval to permit a total of 15 attached dwellings in the Medium High Density Residential (MHDR) District and Tourist (T) District with a reduction in the T District from 10,000 sq ft to 4,350 sq ft, a reduction to lot width in the T District from 100 ft to 50 ft, reductions to the front (north along Avalon St - MHDR District) setback from 25 ft to 10 ft (to building) and from 25 ft to zero ft (to trash staging area), a reduction to the front (south along Kendall St - T District) from 15 ft to 10 ft (to building), a reduction to the side (west - MHDR District) from 10 ft to 7 ft (to building), a reduction to the side (west - T District) from 10 ft to 3 ft (to building and pavement), a reduction to the rear (south - MHDR District) from 15 ft to 10 ft (to building), an increase to building height in the MHDR District from 30 ft and in the T District from 35 ft to 52.67 ft (to roof deck) with perimeter parapets of 3.67 ft (from roof deck), as a Residential Infill Project in the MHDR District and as a Comprehensive Infill Redevelopment Project in the T District, under the provisions of Secs 24041 and 2-803.C; and (3) Reduction to the side (west) landscape buffer in the MHDR District from 10 ft to 7 ft (to building), as a Comprehensive Landscape Plan, under the provisions of Sec 3-1202.G. [Proposed Use: Attached dwellings (15 dwelling units)] at 15 - 27 Avalon St and 16 Kendall St, Clearwater Beach Rev, Blk7, Lots 6-8, 14 & Pt of Lot 5. FLD2005-01007 9. Robert M Pennock, Melodie A Ferguson, Robert M Pennock II THE REM, & Melodie A Ferguson THE REM are requesting Flexible Development approval to permit 5 attached dwelling units with a reduction to the minimum lot width from 100 ft to 51 ft; an increase in height from 35 ft to 59 ft to top of roof deck, an additional 3.5 ft to the top of mansard roof (from roof deck) and an additional 11.75 ft for stair/elevator tower (from roof deck) and architectural embellishment; a reduction in the rear (south) setback from 20 ft to zero ft to pool deck, 3.5 ft to pool and 18 ft to building as a Flexible Development project, under the provisions of Sec 2- 803.B. [Proposed Use: Attached dwellings (5 dwelling units)] at 665 Bay Esplanade, Mandalay Unit No 5 Replat, Blk 77, Lot 6. FLD2005-01009 10. Clearwater Yacht Club, Inc. is requesting Flexible Development approval to permit a 3 story, 18,500 sq ft Yacht Club with offices, exercise room, restaurant and parking garage structure, with reductions to the front (south) setback from 15 ft to zero ft to pavement and 4 ft to building structure; to permit a building within the sight visibility triangles along Bayway Blvd, a reduction of rear (north) setback from 20 ft to zero ft to paver deck and 18 ft to building and an increase in building height from 25 ft to 46.5 ft to mean roof height, as a Comprehensive Infill 0 0 00 Project, under the provisions of Sec 2-803.E. (Proposed Use: Marina) at 830 Bayway Blvd, Bayside Sub No 6 Unit A, Blk D, Lots 5-11 Incl. FLD2005-01008 M Q Skiff Point of Clearwater, LLC is requesting Flexible Development approval to permit 15 attached dwelling units with reductions to the front (east) setback from 25 ft to 15 ft to building and from 25 ft to 3 ft to pavement; a reduction to the side (north and south) setbacks from 10 ft to 6.5 ft to building and 5 ft to parking; a reduction to the rear (south) setback from 15 ft to zero ft to pool deck, 5 ft to pool and 7.5 ft to parking; and an increase in height from 30 ft to 49 ft to roof deck and additional 4 ft for parapet (from roof deck to top of parapet) and an additional 16 ft for elevator overrun (from roof deck), as a Residential Infill Project, in the Island Estates Neighborhood Conservation Overlay District (IENCOD) / Medium High Density Residential (MHDR) District under the provisions of Secs 2-404(F) and 2-1602(C). [Proposed Use: Attached dwellings (15 dwelling units)] at 200 and 201 Skiff Point, Island Estates of Clearwater, Unit 5-A, Lots 35-36. FLD2005-01012 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. 5 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. Cyndi Tarapani 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 0 0 REASONABLE ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS MEETING SHOULD CALL (727) 562-4093 WITH THEIR REQUEST. Ad: 04/03/05 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, April 19, 2005, beginning at 1:00 PM, 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 Clearwater Yacht Club. Inc. is requesting Flexible Development approval to permit a 3 story, 18,500 sq ft Yacht Club with offices, exercise room, restaurant and parking garage structure, with reductions to the front (south) setback from 15 ft to zero ft to pavement and 4 ft to building structure; to permit a building within the sight visibility triangles along Bayway Blvd, a reduction of rear (north) setback from 20 ft to zero ft to paver deck and 18 ft to building and an increase in building height from 25 ft to 46.5 ft to mean roof height, as a Comprehensive Infill Project, under the provisions of Sec 2-803.E. (Proposed Use: Marina) at 830 Bayway Blvd, Bayside Sub No 6 Unit A, Blk D, Lots 5-11 Incl. FLD2005-01008 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 ublic hearing cases. If you wish to s - ---- - g Y peak 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. 5 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. Cyndi Tarapani Cynthia E. Goudeau, CMC Planning Director City Clerk City of Clearwater ?=L0 ?a 06" o /o ??- m Tp 876164 ONTARIO INC ABDEL-MALAK, FAHMY • ALBERTERNST, KLAUS 8 BOWES CT ABDEL-MALAK, WEDAD ALBERTERNST, URSULA BOLTON ON L7E 1A4 00030 - 4076 WELLINGTON PKWY 400 LARBOARD WAY # 201 CANADA PALM HARBOR FL 34685 - 1174 CLEARWATER FL 33767 - 2188 ALESSANDRINO, FRANK A ALEXIOU, NICHOLAS G ALEXIOU, VICKI ALESSANDRINO, PATRICIA A ALEXIOU, ANTHIE 400 ISLAND WAY # 202 200 DOLPHIN PT # 401 400 ISLAND WAY # 202 CLEARWATER FL 33767 - 2132 CLEARWATER FL 33767 - 2102 CLEARWATER FL 33767 - 2132 ALEXOPOULOS, ANGELA ALLEN, C STEVEN ARMSTRONG, MARGARET G 400 ISLAND WAY # 807 ALLEN ROBIN S 400 ISLAND WAY # 811 CLEARWATER FL 33767 - 2135 270 SKIFF PT # A-3 CLEARWATER FL 33767 - 2135 CLEARWATER FL 33767 - 2161 ASSAAD, NABIL ATKINSON, LOUISE B BAGAN, LAURENCE J ASSAAD, SAMIA 210 DOLPHIN PT # C BAGAN, ROSEMARY C 222 DOLPHIN PT CLEARWATER FL 33767 - 2106 400 ISLAND WAY # 301 CLEARWATER FL 33767 - 2107 CLEARWATER FL 33767 - 2132 BAKER, JOSEPH R JR BARAN, GARY J BARNES, MARIA S BAKER, EDITH BARAN, LINDA D 1995 BELLEAIR RD 430 LARBOARD WAY # 5 205 PALM ISL SW CLEARWATER FL 33764 - 2536 CLEARWATER FL 33767 - 2153 CLEARWATER FL 33767 - 1941 BARRY, KEVIN P BATTLE CREEK HOSPITALITY INC BAXTER, ROGER L BARRY, DORISANN P 798 NINA DR 400 LARBOARD WAY # 104 400 ISLAND WAY # 1012 TIERRA VERDE FL 33715 - CLEARWATER FL 33767 - 2149 CLEARWATER FL 33767 - BAYES, FRANCES BEADLE, JAMES E BEALE, THERESA M BAYES, JAMES M BEADLE, JACQUELINE J 298 SKIFF PT 270 SKIFF PT # A-5 PO BOX 381 CLEARWATER FL 33767 - 2178 CLEARWATER FL 33767 - 2161 AUGUSTA MI 49012 - 0381 BEDNARSKI, JERRY A BENOS, DINO J BESTENLEHNER, FRANCIS G BEDNARSKI, IRENE BENOS, GLADYS G REILLY, CAROL B 200 PALM ISL SW 400 ISLAND WAY # 605 400 ISLAND WAY # 1401 CLEARWATER FL 33767 - 1940 CLEARWATER FL 33767 - 2134 CLEARWATER FL 33767 - 2137 BHAME, WILLIAM N THE BITCHAKAS, NORA J BLANKENBURG, IRENE 400 ISLAND WAY # 1411 400 E MILL ST 400 ISLAND WAY # 309 CLEARWATER FL 33767 - 2137 PORT ALLEGANY PA 33767 - 2132 CLEARWATER FL 33767 - 2132 BLUESTONE, SEYMOUR S BOCTOR, IBRAHIM BODAN, EILEEN 400 ISLAND WAY # 1609 BOCTOR,MARY 400 ISLAND WAY # 501 CLEARWATER FL 33767 - 2131 400 ISLAND WAY # 1410 CLEARWATER FL 33767 - 2133 CLEARWATER FL 33767 - 2137 BOUFFARD, PAUL E BOUFFARD, WENDY L 421 PALM IS SE CLEARWATER FL 33767 - 2147 BRUNO, SALVATORE J BRUNO, VIOLA 400 ISLAND WAY # 910 CLEARWATER FL 33767 - 2135 BUCHANAN, VIRGINIA S 200 DOLPHIN PT # 203 CLEARWATER FL 33767 - 2101 CARDULLIAS, PETER J II 2685 SOUTH RD CINCINNATI OH 45233 - 4314 CARROLL, BARBARA L 400 ISLAND WAY # 201 CLEARWATER FL 33767 - 2132 CAVANAUGH, JAMES D CAVANAUGH, DOLORES M 1579 ALEXANDER RD CLEARWATER FL 33756 - 1907 • BRICE, TRACY 400 ISLAND WAY # 1006 CLEARWATER FL 33767 - 2135 BUCCINA, JOSEPH B THE 400 ISLAND WAY # 601 CLEARWATER FL 33767 - 2134 BUCK, ROBERT L BUCK, RIKKI C 210 PALM IS SW CLEARWATER FL 33767 - 1940 CARLIN, MARGARET 40 FAHY AVE STATEN ISLAND NY 10314 - 7201 CARTER, DENNIS V CARTER, KAREN L 200 DOLPHIN PT # 301 CLEARWATER FL 33767 - 2102 CHACONAS, NICHOLAS CHACONAS, STEPHANIE H 217 PALM ISL SW CLEARWATER FL 33767 - 1941 CINELLI, DAVID CLEARWATER NEIGHBORHOODS CINELLI, RICCARDO COALITION 2975 DE BLOIS DOUG WILLIAMS, PRESIDENT DUVERNAY LAVAL PQ WE 5G6 00030 - 2544 FRISCO DRIVE CANADA CLEARWATER, FL 33761 CLIPPER COVE & CUTTER COVE CON 600 BYPASS DR STE 215 CLEARWATER FL 33764 - 5075 COTHALIS, KOSTAS COTHALIS, ELENI 400 ISLAND WAY # 412 CLEARWATER FL 33767 - 2133 COLBERT, ROBERT L 3 YEARDLEYS GRANT WILLIAMSBURG VA 23185 - 6529 CURRAN, MYRTLE S 400 ISLAND WAY # 507 CLEARWATER FL 33767 - 2133 • BRUNNER, JOHN R BRUNNER, PATRICE A 400 ISLAND WAY # 1512 CLEARWATER FL 33767 - 2137 BUCCINA, ROSE M BUCCINA, JOAN B 400 ISLAND WAY # 907 CLEARWATER FL 33767 - 2135 BUSTARD, ROBERT G SEYFARTH, EILEEN C 1239 CASTLE HILL AVE BRONX NY 10462 - 4813 CARLSON, CAROL M 400 ISLAND WAY # 405 CLEARWATER FL 33767 - 2133 CASE, WALTER A CASE, NANCY K 400 ISLAND WAY # 908 CLEARWATER FL 33767 - 2135 CHACONAS, NICK CHACONAS, STEPHANIE 400 LARBOARD WAY # 106 CLEARWATER FL 33767 - 2150 CLINE, AUSTIN L JR CLINE, GENIEVEVE J 400 LARBOARD WAY # 204 CLEARWATER FL 33767 - 2188 COLE, ALLEN COLE, SHELLA 252 DOLPHIN PT CLEARWATER FL 33767 - CURRENT OWNER 200 DOLPHIN PT # 201 CLEARWATER FL 33767 - 2101 CURRY, JOHN M CUZZOLINO, JOHN DAILY, TIMOTHY C 210 DOLPHIN POINT RD # B CUZZOLINO, CONCETTA DAILY, CHRISTINA D CLEARWATER FL 33767 - 2106 98 MURRAY HILL TER 2950 MEADOW HILL DR MARLBORO NJ 07746 - 1751 CLEARWATER FL 33761 - 2825 DANA, MARCOS 400 ISLAND WAY # 1510 CLEARWATER FL 33767 - 2137 DAUGHTRY, JAMES E 210 PALM ISL NW CLEARWATER FL 33767 - 1934 DI VELLO, MADDALENA LIVING TRU DI VELLO, MADDALENA THE 400 ISLAND WAY # 703 CLEARWATER FL 33767 - DOLPHIN APT CONDO ASSN 210 DOLPHIN PT CLEARWATER FL 33767 - 2106 • DANA, MAYER 702 PONCE DE LEON BLVD CLEARWATER FL 33756 - DE VITO, CARMINE M DE VITO, ELIZABETH 400 ISLAND WAY # 104 CLEARWATER FL 33767 - 2132 DIVINE, LAWRENCE H THE DIVINE, DIANA M THE 400 LARBOARD WAY CLEARWATER FL 33767 - 2187 DOLPHIN COVE CONDO ASSOCIATION 255 DOLPHIN POINT CLEARWATER, FL 33767 DRUMMOND, JAMES A DRUMMOND, SANDRA K ETCELL, GEORGE J 625 HIDDEN LN 400 ISLAND WAY # 802 GROSSE POINTE WOODS MI 48236 - CLEARWATER FL 33767 - 2134 1520 F P C CORP 355 HOLLOW HILL DR WAUCONDA IL 60084 - 9794 FIFFY, JAMES FIFFY, JOANNA 400 ISLAND WAY # 1108 CLEARWATER FL 33767 - 2136 FOLEY, THOMAS J FOLEY, MARQUERITE 27 RIDGEWOOD RD WORCESTER MA 01606 - 2506 FRANGO, PETER E FRANGO, MARY 17377 SUMMIT DR NORTHVILLE MI 48167 - 3203 FARHAT, ANDRE J FARHAT, BRIDGET A 14 HARBOR HEIGHTS RD SCITUATE MA 02066 - 1320 FLINT IMP FUND THE 347 FOREST LAKE RD LAWRENCEVILLE GA 30045 - 6005 FORD, CLARENCE H FORD, VIRGINIA R 400 ISLAND WAY # 810 CLEARWATER FL 33767 - 2135 FRANGOS, GEORGE PONIROS, MARIA THE 590 WASHINGTON AVE WASHINGTON TWP NJ 07676 - 4317 • DANA, MAYER DANA, LILY 702 PONCE DE LEON BLVD BELLEAIR FL 33756 - 1004 DEVOL, KENNETH L DEVOL, JOANNE C 400 ISLAND WAY # 209 CLEARWATER FL 33767 - 2132 DOHRMAN, EDWARD R DOHRMAN, MARGARITA 214 SKIFF PT # 214 CLEARWATER FL 33767 - 2155 DOLPHIN'S LANDING HMOWNS ASSN 372 LARBOARD WAY CLEARWATER FL 33767 - 2147 FAJEINC 33 ROSELAWN CRE MONT ROYAL PQ H3P 1 H8 00030 - CANADA FERNANDEZ, JOHN D FERNANDEZ, LINDA D 216 PALM ISL SW CLEARWATER FL 33767 - 1940 FLOYD, ROBERT E FLOYD, JUDITH L 208 SHORE DR PALM HARBOR FL 34683 - 5440 FOUAD, MOHAMED H MOHAMED, NADIA 400 ISLAND WAY # 905 CLEARWATER FL 33767 - 2135 FRARY, TIMOTHY E LAPPIN-FRARY, BERNADETTE 400 ISLAND WAY # 1404 CLEARWATER FL 33767 - 2137 FREDRICK, DAVID W FRISQUE, ALVIN J THE GADDIS, SUSAN L FREDRICK, MERRY L 129 ACACIA CIR # 502E 298 SKIFF PT # 301 1105 GATEWAY BLVD INDIAN HEAD PARK IL 60525 - 9057 CLEARWATER FL 33767 - WAVERLY IA 50677 - 1462 GARRETT, KEN • • RETT, DARLENE GATES, JEAN H THE GED, HELEN E GAR GAR T D 270 SKIFF PT # B-1 400 ISLAND WAY # 1203 64600 SR 331 BREMEN IN 46506 - CLEARWATER FL 33767 - 2160 CLEARWATER FL 33767 - 2136 GERLACH, ROBERT W GIAVARAS, STAVROS GITTELMAN, LEON GERLACH, NANCY L GIAVARAS, MARY K GITTELMAN, ELIZABETH 400 LARBOARD WAY # 208 400 ISLAND WAY # 411 400 ISLAND WAY # 1607 CLEARWATER FL 33767 - 2187 CLEARWATER FL 33767 - 2133 CLEARWATER FL 33767 - 2131 GODELAS, SAM T THE GONSKE, EDWIN G GROSSMAN, PETER M GONSKE, ELTA J 621 ROSE DR 400 ISLAND WAY # 102 MELROSE PARK IL 60160 - 2310 400 ISLAND WAY # 607 CLEARWATER FL 33767 - 2132 CLEARWATER FL 33767 - 2134 HACKING, G EDWARD HALIABALIS, CHRISTOS HARMS, GREGORY HACKING, SALLY S HALIABALIS, MARY 25950 PALOMITA DR 440 ISLAND WAY 37 WEST CEDARVIEW AVE VALENCIA CA 91355 - CLEARWATER FL 33767 - 2100 STATEN ISLAND NY 10306 - 1721 HARNARAYAN, SASTRI HARRIS, STACY B HAYLER, GARY F 400 ISLAND WAY # 407 MEADOWS, ROBIN B HAYLER, MURIEL L CLEARWATER FL 33767 - 2133 22835 SHERIDAN ST 123 E GLOHAVEN PL DEARBORN MI 48128 - 1834 SIMPSONVILLE SC 29681 - HEDGES, ANNA BELLE HENDERSON, OTIS W HERBOLD, HENRY J 200 DOLPHIN PT # 302 HENDERSON, IRENE 400 ISLAND WAY # 1212 CLEARWATER FL 33767 - 2102 400 ISLAND WAY # 1501 CLEARWATER FL 33767 - 2137 CLEARWATER FL 33767 - 2137 HERRIN, MARGARET A HESS, STEPHEN T HILLEBOE, CHARLES R 400 ISLAND WAY # 912 270 SKIFF PT # B2 HILLEBOE, JUDITH B CLEARWATER FL 33767 - 2135 CLEARWATER FL 33767 - 2160 200 DOLPHIN POINT # 103 CLEARWATER FL 33767 - 2101 HINDMAN, JOHN R HINTZ, BRUCE T HINTZ, BRUCE T HINDMAN, CAROL S 17 ELIZABETH ST 270 SKIFF PT # A-2 234 DOLPHIN PT # 4 FLORAL PARK NY 11001 - 2014 CLEARWATER FL 33767 - 2160 CLEARWATER FL 33767 - 2110 HOURIGAN, TAMMIE HUEY, CHARLES E HUSNI, FAROUK Y THE HOURIGAN, KEVIN HUSNI, ISIS N THE 400 ISLAND WAY # 1408 211 PALM ISL SW CLEARWATER FL 33767 - 2137 400 ISLAND WAY # 1007 CLEARWATER FL 33767 - 1941 CLEARWATER FL 33767 - 2136 (OVINE, MICHAEL G ISLAND ESTATES CIVIC ISLAND MOORINGS CONDO ASSN IOVINE, AGNES A ASSOCIATION 76 INC 47-12 168TH ST 140 ISLAND WAY, 239 234 DOLPHIN PT STE 4 FLUSHING NY 11358 - 3716 CLEARWATER FL 33767 CLEARWATER FL 33767 - 2110 ISLAND VIEW CONDO ASSN INC 241 SKIFF PT STE 2 CLEARWATER FL 33767 - 2159 JOHNSON,ROBERT JOHNSON, LINDA 241 SKIFF PT # 4 CLEARWATER FL 33767 • ISLE OF CLEARWATER CONDO ASSN PO BOX 838 CLEARWATER FL 33757 - 0838 JOHNSON, WILLIAM H JOHNSON, SUZANNE R 224 SKIFF PT # 224 -2159 CLEARWATER FL 33767 - 2155 KAPLANIS, ANNA 400 ISLAND WAY # 803 CLEARWATER FL 33767 - 2134 KATSAMAKIS, CLIFFORD KATSAMAKIS, PERICLES 160 PARKSIDE DR ROSLYN NY 11577 - 2210 KEE, JOHN ROBERT 35 DELAWARE AVE OTTOWA ON K2P-OZ3 00030- CANADA KERINS, ROBERT J KERINS, NELLY H 400 ISLAND WAY # 403 CLEARWATER FL 33767 KARAGAN, NICK KARAGAN, ELAINE 2046 BIRCHWOOD LN HIGHLAND IN 46322 - 3537 KATTAN, HISHAM A JENNINGS, BONITA J 400 ISLAND WAY # 1602 CLEARWATER FL 33767 - 2131 KELLY, ROSEMARIE 400 ISLAND WAY # 1406 CLEARWATER FL 33767 - 2137 KILGO, AMELIA A KILGO, ROBERT M 2416 FOXHEAD WAY -2133 CLEARWATER FL 33759 - KIOUSIS, TOM KIOUSIS, FIFIKA 400 ISLAND WAY # 512 CLEARWATER FL 33767 - 2133 KRATZ, CHARLES J KRATZ, NANCY A 246 DOLPHIN PT CLEARWATER FL 33767 - 2103 LAMORGESE, ORONZO LAMORGESE, CARMELA 4604 104TH ST CORONA NY 11368 - 2813 KOMETAS, ERMENE 400 ISLAND WAY # 1010 CLEARWATER FL 33767 - 2136 KUEHL, STEPHEN J 400 ISLAND WAY # 1511 CLEARWATER FL 33767 - 2137 LANGELIER, RAYMOND J LANGELIER, MARGARET 115 DENISE DR SCHENECTADY NY 12309 - 1137 • JETT, GAYLE ANN ZIMMER, DALE EDWARD 3130 MONROE WAY ALPHARETTA GA 30004 - KAHANU,DRAGO KAHANU,DOROTHY 3205 WYNNFIELD CT MOBILE AL 36695 - 2539 KARAVELIS FAMILY TRUST KARAVELIS, LEONIDAS THE 400 ISLAND WAY # 311 CLEARWATER FL 33767 - 2133 KEDAN, ELLA THE 2354 HADDON HALL PL CLEARWATER FL 33764 - 7510 KENNEDY, J SCOTT KENNEDY, BEVERLY L 200 DOLPHIN PT # 402 CLEARWATER FL 33767 - 2102 KILGO, EDWARD 1227 DIVISADERO ST SAN FRANCISCO CA 94115 - KOSTAKIS, PETER T PO BOX 614 MILLER PLACE NY 11764 - 0614 LAMBOUSIS, THEDORE D 7171 W GUNNISON ST HARWOOD HTS IL 60706 - 3892 LAYTON, HORACE L 400 ISLAND WAY # 1706 CLEARWATER FL 33767 - 2131 LE GERE, EDMOND J LIAKOPOULOS, ODYSSEAS LIAPAKIS, MICHAEL LE GERE, DIANA LIAKOPOULOS, CHRISTINE ZERVOUDIS, ELENI C 2 LAKE RIDGE DR 9005 N ORIOLE 400 ISLAND WAY MIDDLETOWN NY 10940 - 2156 MORTON GROVE IL 60053 - 1855 CLEARWATER FL 33767 - 2174 LIGNELL, SUE C LIVANOS, ARETI LONG, GARY C 400 ISLAND WAY # 1407 400 ISLAND WAY # 801 LONG, JACQUELINE A THE CLEARWATER FL 33767 - 2137 CLEARWATER FL 33767 - 2134 241 SKIFF PT # 3 CLEARWATER FL 33767 - 2159 LONGENECKER, ROSEMARY W LOPEZ, JOSEPH A THE LOULOUSIS, CHRIS LIVING LOPEZ, HERMELINDA THE LOULOUSIS, BARBARA LONGENECKER, ROBERT L THE 8613 S KOSTNER AVE 3007 KENSINGTON AVE 201 PALM ISLAND SW CHICAGO IL 60652 - 3542 WESTCHESTER IL 60154 - 5136 CLEARWATER FL 33767 LOVETT, CARROLL V LYNCH, JAMES F JR LYONS, JUDITH A LOVETT, JOAN W LYNCH, PATRICIA A 400 ISLAND WAY # 903 223 PALM ISL SW 400 ISLAND WAY #1503 CLEARWATER FL 33767 - 2135 CLEARWATER FL 33767 - 1941 CLEARWATER FL 33767 - 2137 M B R CONDO ASSN INC M J H PROPERTIES INC MAC KAY, BRIAN R 430 LARBOARD WAY 2035 PHILIPPE PKWY MAC KAY, CATHI B CLEARWATER FL 33767 - 2153 SAFETY HARBOR FL 34695 - 2200 210 DOLPHIN PT # D CLEARWATER FL 33767 - 2106 MALATESTA, JANE MANGAS, RICHARD L MANN, PHILIP C 298 SKIFF PT # 402 MANGAS, MURIEL 298 SKIFF PT # 202 CLEARWATER FL 33767 -'2163 90 DEERFIELD RD CLEARWATER FL 33767 - 2162 WEST CALDWELL NJ 07006 - 8133 MARCONI, MARK MAREK, MILDRED E MARTINELLI, NICHOLAS W BELLAMY, KAYLENE 4833 E TRINDLE RD # 505 111 EAST RD 222 PALM ISL SW MECHANICSBURG PA 17050 - 3652 BROAD BROOK CT 06016 - 9582 CLEARWATER FL 33767 - 1940 MATTIMOE, JOHN G FLORENCE I MC ARDLE, THOMAS H MAZIAN MATTIMOE, MARGARET M , 400 ISLAND WAY # 1112 MC ARDLE, DONA F 2624 BARRINGTON DR CLEARWATER FL 33767 - 2136 3610 VALLEY DR TOLEDO OH 43606 - 3024 MIDLAND MI 48640 - 6606 MC CARY, TRACY B MC CASLAND, JAMES A MC CREARY, ROBERT H BALLANCE, TERESA MC CASLAND, MARIE J 212 SKIFF PT # 212 400 ISLAND WAY # 212 1509 PRICE CIR CLEARWATER FL 33767 - 2155 CLEARWATER FL 33767 - 2132 CLEARWATER FL 33764 - 2511 MC DONAGH, BRIDGET M MC LAUGHLIN, EDA B MC NEILL, BARBARA K THE MC DONAGH, JULIA A 400 ISLAND WAY # 1403 1655 LEE RD 400 ISLAND WAY # 708 CLEARWATER FL 33767 - 2137 CLEARWATER FL 33765 - 1700 CLEARWATER FL 33767 - 2134 MERCER, ERIC MERCURIS, KOSTA B METALA, ELIZABETH THE MERCURIS, SHARON 231 SKIFF PT # 5 400 ISLAND WAY # 1003 CLEARWATER FL 33767 - 2158 200 DOLPHIN PT # 101 CLEARWATER FL 33767 - 2135 CLEARWATER FL 33767 - 2101 MEVIG, KARLEEN K MEVIG, ROBERT D 270 SKIFF PT # A-1 CLEARWATER FL 33767 - 2160 MILLER, THOMAS J THE MILLER, QUINTON T THE 400 LARBOARD WAY # 202 CLEARWATER FL 33767 - 2188 MONTERISI, FRANK MONTERISI, LUISE 14950 POWELLS COVE BLVD WHITESTONE NY 11357 - 1147 MUNDY, ALAN E 400 ISLAND WAY # 610 CLEARWATER FL 33767 - 2134 NESSAS, PETER NESSAS,ATHENA 400 ISLAND WAY # 603 CLEARWATER FL 33767 - 2134 NOLTE, CARL NOLTE, FRIEDA H 400 ISLAND WAY # 901 CLEARWATER FL 33767 - 2135 NOVAK, LESLIE F NOVAK, LINDA N 298 SKIFF PT # 102 CLEARWATER FL 33767 - 2162 ORSATTI, CHARLES T 2200 TUSCANY TRCE PALM HARBOR FL 34683 - 7737 PANTELIS, KYRIACOS 400 ISLAND WAY CLEARWATER FL 33767 - 2135 MEYER, WARREN MICHALAKIS, MARIO MEYER, LE ANN MICHALAKIS, HELEN 3930 WHITESIDE ST 45 94TH ST LOS ANGELES CA 90063 - 1615 BROOKLYN NY 11209 - 6603 MIRELLI, VINCENT MOLINARO, FIFI KIPP, TERESA 400 ISLAND WAY # 401 10104 EAST BEXHILL DR CLEARWATER FL 33767 - 2133 KENSINGTON MD 20895 - MOYNAHAN, FRANK J MULRENNAN, JAMES MOYNAHAN, LUCILLE R MULRENNAN, MARGARET 430 LARBOARD WAY # 6 400 ISLAND WAY # 308 CLEARWATER FL 33767 - 2153 CLEARWATER FL 33767 - 2132 MURPHY, ALEIDA MYERS, MARLENE L 400 ISLAND WAY # 1002 400 ISLAND WAY # 506 CLEARWATER FL 33767 - 2135 CLEARWATER FL 33767 - 2133 NEWHOUSE, ROBERT D NOLAN, EDWIN J 231 SKIFF PT # 6 NOLAN, JOAN R CLEARWATER FL 33767 - 2158 218 SKIFF PT # 218 CLEARWATER FL 33767 - 2155 NORTHSIDE ENGINEERING NOVAK, JOHN H SERVICES, INC. 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2133 PRAY, JOHN I JR PRAY, DIANE E 999 CIRCLE DR DOVER DE 19901 - RAFTERY, BRIAN J 400 ISLAND WAY # 611 CLEARWATER FL 33767 - 2134 RAYMON, FAYE B 400 ISLAND WAY # 1105 CLEARWATER FL 33767 - 2136 REMARK, MARIANNE THE 11513 STREAMVIEW AVE UNIONTOWN OH 44685 - 8214 ROUSKAS, MICHAEL 400 ISLAND WAY # 1009 CLEARWATER FL 33767 - 2136 • • PIGOTT, LEO P THE PLESKO-EVANS, FAYE L AICY L 400 ISLAND WAY # 1202 EVANS, 400 LARBOARD WAY # 108 CLEARWATER FL 33767 - 2136 CLEARWATER FL 33767 - 2150 POMPILIO, FRANK R THE PONIROS, MARKOS THE POMPILIO, ANGELA THE 400 ISLAND WAY # 1402 133 VANCE CT CLEARWATER FL 33767 - 2137 BARRINGTON IL 60010 - 1537 POUGAKIOTOU, NIOVI POULIS, ASPACIA THE PO BOX 50411 1339 WESTBROOK ST THESSALONIKI 54013 - PORTLAND ME 04102 - 1618 GREECE POULOS, PETER POWERS, JILL POULOS, CHRISOULA COPE, RICHARD W 400 ISLAND WAY # 1412 210 DOLPHIN PT # A CLEARWATER FL 33767 - 2137 CLEARWATER FL 33767 - 2106 PRIHODA, JAMES J THE PUORTO, JOHN W PRIHODA, KATHLEEN A THE CHAPPUIS, ISABELLE 400 ISLAND WAY # 707 400 ISLAND WAY # 1405 CLEARWATER FL 33767 - 2134 CLEARWATER FL 33767 - 2137 RATHMELL, JOHN T RATHMELL, JANET D 400 ISLAND WAY # 1708 CLEARWATER FL 33767 - 2131 REGAN,FRANK J 10717 DALTON AVE TAMPA FL 33767 - 2134 RICHARDSON, BEATRICE THE DETERS, MARY THE 2000 15TH AVE SE # 533 SAINT CLOUD MN 56304 - 2428 SAKAYAN, GEORGE G SAKAYAN, MELINDA M 234 DOLPHIN PT # 6 CLEARWATER FL 33767 RATSOS, NIKI 400 ISLAND WAY # 606 CLEARWATER FL 33767 - 2134 REKER, ROSE M THE 430 LARBOARD WAY # 2 CLEARWATER FL 33767 - 2153 RIORDAN, ROBERT RIORDAN, KATHLEEN 40 COLUMBUS AVE HASBROUCK HTS NJ 07604 - 1023 SAVINO, DANIEL SAVINO, MARIA 297 DELMAR AVE -2110 STATEN ISLAND NY 10312 - 2837 SCHAEFER, NANCY E SCHNEIDER, FRANCIS J THE SCOPIS, JOHN W SCHAEFER' JAMES O 514 WARREN AVE SCOPIS' ELEANORA 2330 STAGECOACH DR HO-HO-KUS NJ 07423 - 400 ISLAND WAY # 1107 LAS CRUCES NM 88011 - 9002 CLEARWATER FL 33767 - 2136 SEA ISLAND APTS 2 CONDO ASSN 1 270 SKIFF PT CLEARWATER FL 33767 - 2177 SEITHER, ELIZABETH C 132 ISLAND WAY CLEARWATER FL 33767 - 2216 SHEA, FRANK SHEA, PATRICIA A 400 ISLAND WAY # 105 CLEARWATER FL 33767 - 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2100 POOK, PEACHES 234 DOLPHIN PT # 1 CLEARWATER FL 33767 - 2110 POULOS, JAMES POULOS, RINE 400 ISLAND WAY # 409 CLEARWATER FL 33767 - 2133 PRAY, JOHN IJR PRAY, DIANE E 999 CIRCLE DR DOVER DE 19901 - RAFTERY, BRIAN J 400 ISLAND WAY # 611 CLEARWATER FL 33767 - 2134 • OWENS, RUSSELL I SCHERR, MARIE A 400 ISLAND WAY # 1705 CLEARWATER FL 33767 - 2131 PEREZ, FRANK 400 LARBOARD WAY # 103 CLEARWATER FL 33767 - 2149 PETERS, ROBERT S PETERS, DONNA E 44600 JOHN ALDEN PLYMOUTH MI 48170 - 3715 PIGOTT, LEO P THE 400 ISLAND WAY # 1202 CLEARWATER FL 33767 - 2136 POMPILIO, FRANK R THE POMPILIO, ANGELA THE 133 VANCE CT BARRINGTON IL 60010 - 1537 POUGAKIOTOU, NIOVI PO BOX 50411 THESSALONIKI 54013 - GREECE POULOS, PETER POULOS, CHRISOULA 400 ISLAND WAY # 1412 CLEARWATER FL 33767 - 2137 PRIHODA, JAMES J THE PRIHODA, KATHLEEN A THE 400 ISLAND WAY # 707 CLEARWATER FL 33767 - 2134 RATHMELL, JOHN T RATHMELL, JANET D 400 ISLAND WAY # 1708 CLEARWATER FL 33767 - 2131 RATSOS, NIKI RAYMON, FAYE B REGAN, FRANK J 400 ISLAND WAY # 606 400 ISLAND WAY # 1105 10717 DALTON AVE CLEARWATER FL 33767 - 2134 CLEARWATER FL 33767 - 2136 TAMPA FL 33767 - 2134 I o' • REKER, ROSE M THE REKER, ROSE M REMARK, MARIANNE THE 430 LARBOARD WAY # 2 430 LARBOARD WAY # 2 11513 STREAMVIEW AVE CLEARWATER FL 33767 - 2153 CLEARWATER FL 33767 - 2153 UNIONTOWN OH 44685 - 8214 RICHARDSON, BEATRICE THE RIORDAN, ROBERT INC DETERS, MARY THE 2681 CRYSTAL TAL CIR RIORDAN, KATHLEEN 2000 15TH AVE SE # 533 2681 C 40 COLUMBUS AVE SAINT CLOUD MN 56304 - 2428 DUNEDIN FL 346698 98 - HASBROUCK HTS NJ 07604 - 1023 ROUSKAS, MICHAEL SAKAYAN, GEORGE G SAVINO, DANIEL 400 ISLAND WAY # 1009 SAKAYAN, MELINDA M SAVINO, MARIA CLEARWATER FL 33767 - 2136 234 DOLPHIN PT # 6 297 DELMAR AVE CLEARWATER FL 33767 - 2110 STATEN ISLAND NY 10312 - 2837 SCHAEFER, NANCY E SCHNEIDER, FRANCIS J THE SCOPIS, JOHN W SCHAEFER, JAMES O 514 WARREN AVE SCOPIS, ELEANORA 2330 STAGECOACH DR HO-HO-KUS NJ 07423 - 400 ISLAND WAY # 1107 LAS CRUCES NM 88011 - 9002 CLEARWATER FL 33767 - 2136 SEA ISLAND APTS 2 CONDO ASSN I SEA 1SLAND CONDO I ASSN INC SEALOCK, ERIC 270 SKIFF PT 400 LARBOARD WAY APT 202 SEALOCK, PATRICIA CLEARWATER FL 33767 - 2177 CLEARWATER FL 33767 - 2188 400 ISLAND WAY # 503 CLEARWATER FL 33767 - 2133 SEITHER, ELIZABETH C SHAMGAR, M SHAW, LEROY J 132 ISLAND WAY 400 ISLAND WAY # 1110 400 ISLAND WAY # 1701 CLEARWATER FL 33767 - 2216 CLEARWATER FL 33767 - 2136 CLEARWATER FL 33767 - 2131 SHEA, FRANK SKIFF HARBOR TWNHM ASSN INC SKIFF POINT CONDO ASSN INC SHEA, PATRICIA A 2106 DREW ST #103 298 SKIFF PT # 402 400 ISLAND WAY # 105 CLEARWATER FL 33765 - 3238 CLEARWATER FL 33767 - 2163 CLEARWATER FL 33767 - 2132 SKIFF POINT OF CLEARWATER LLC SKIFF POINT OF CLEARWATER LLC SMYTH, GREGORY B 200 BRIGHTWATER DR # 2 200 BRIGHTWATER DR # 200 8 COMMANCHE DR CLEARWATER FL 33767 - CLEARWATER FL 33767 - NEPEAN ON K2E 6E9 00030 - CANADA SORENSEN, BETHANY A SOTTILE, VINCENT J SOULIOS, SOCRATIS 640 S BAYWAY BLVD # 306 400 ISLAND WAY # 1509 SOULIOS, EVDOXIA CLEARWATER FL 33767 - 2605 CLEARWATER FL 33767 - 2137 8827 PONTIAC ST QUEENS VLG NY 11427 - 2719 SPILLANE, CORNELIUS V STEPHENS, MARY C STRATTON, PEGGY E THE SPILLANE, M DIANNE 400 ISLAND WAY # 909 1279 CRESTVIEW AVE SW 222 SKIFF PT # 222 CLEARWATER FL 33767 - 2135 NEW PHILADELPHIA OH 44663 - 9642 CLEARWATER FL 33767 - 2155 STREEM, RONALD M THE SULLIVAN, SHERRI SUTPHEN, ELAINE 400 ISLAND WAY # 1409 400 ISLAND WAY # 1707 400 ISLAND WAY # 1608 CLEARWATER FL 33767 - 2137 CLEARWATER FL 33767 - 2131 CLEARWATER FL 33767 - 2131 TAGLIA EXCHANGE TRUST TAGLIA, ANTHONY TANIOS, ISHAC S 6 COTTAGE ST STE 3 TAGLIA, MARY TANIOS, MARY M PEPPERELL MA 01463 - 400 ISLAND WAY # 804 618 E OLIVE ST CLEARWATER FL 33767 - 2135 ARLINGTON HEIGHTS IL 60004 - 4951 TENEDIOS, CHRIS THEODOR, THOMAS THEOFILIS, HELEN B TENEDIOS, STEVE THEODOR, NIKE 400 ISLAND WAY # 612 4235 ARIEL AVE 11300 RTE 71 CLEARWATER FL 33767 - 2134 TOLEDO OH 43623 - 3716 YORKVILLE IL 60560 - THOMAS, WILLIAM E TILLER, CHRIS TOEWS, DORIS P THOMAS, JOAN F TILLER, ANN 221 SKIFF PT 6394 LONG POINT RD 200 DOLPHIN PT # 403 CLEARWATER FL 33767 - 2157 BREWERTON NY 13029 - 8623 CLEARWATER FL 33767 - 2102 TRAIFOROS, PETER TSETSEKAS, JOHN TSETSEKAS, HARRIET TRAIFOROS, ANGIE 226 TRUST # SKIFF P PT T # # 2 2 2 26 6 5 RED OAKS CRIES CLEARWATER FL 33767 - 2155 400 ISLAND WAY # 1604 TORONTO ON M4G 1A8 00030 - CLEARWATER FL 33767 - 2131 CANADA TYLER, ELIZABETH L UNGER, JEFF VASIL, CYRUS THE DAVIS, RICHARD A UNGER, LISA A 400 ISLAND WAY # 508 234 DOLPHIN PT # 3 235 PALM ISL SW CLEARWATER FL 33767 - 2133 CLEARWATER FL 33767 - 2110 CLEARWATER FL 33767 - 1941 VODDE, LEO B WALTON, FLORENCE D THE WALZ, MARK R 1601 S HARRISON ST 400 ISLAND WAY # 203 270 SKIFF POINT # B-5 FORT WAYNE IN 46802 - 5208 CLEARWATER FL 33767 - 2132 CLEARWATER FL 33767 - 2161 WAMBSER, JOHN R WARSH, JOANNE WASFY, GAMAL M WAMBSER, PHYLLIS A WASFY, FATMA G 400 ISLAND WAY # 509 2 BAY CLUB DR CLEARWATER FL 33767 - 2133 400 ISLAND WAY # 1111 BAYSIDE NY 11360 - 2917 CLEARWATER FL 33767 - 2136 WEBBER, PAUL W & BENNA L REV L WETHERELL, GAYLE WEBBER, PAUL W BEN WETHERELL, STEVEN 234 DOLPHIN POINT RD # 5 298 SKIFF PT # 401 CLEARWATER FL 33767 - 2110 CLEARWATER FL 33767 - 2163 WILLIAMS, DANIEL D WINK, JOSEPH PO BOX 1213 400 LARBOARD WAY # 105 NORMANDY BEACH NJ 08739 - CLEARWATER FL 33767 - 2187 WHITE, JARED 231 SKIFF PT # 7 CLEARWATER FL 33767 - 2158 WINK, STANLEY J WINK, WANDA T 400 LARBOARD WAY # 207 CLEARWATER FL 33767 - 2187 WITHERS, WARREN CLAY WITHERS, SUSAN 400 LARBOARD WAY # 205 CLEARWATER FL 33767 - 2187 YOUNG, MARY A 400 ISLAND WAY # 304 CLEARWATER FL 33767 - 2132 ZELONY, FRANCES 400 ISLAND WAY # 1206 CLEARWATER FL 33767 - 2136 ZIAS, GEORGE ZIAS, KALITSA 400 ISLAND WAY # 706 CLEARWATER FL 33767 - 2134 WOJCIK, ELSIE M 28359 FORESTBROOK DR FARMINGTN HLS MI 48334 - 5214 ZACKEY, GEORGETTE M HECQUET, PHILIP O 3 SALTERNE MEADOWS BUDLEIGH SALTERON DEVON EX96SP 00009 - UNITED KINGDOM ZERVOUDIS, STEVE ZERVOUDIS, ANGELA 400 ISLAND WAY # 1703 CLEARWATER FL 33767 - 2131 WOOD, DIANNE C 229 PALM ISL SW CLEARWATER FL 33767 - 1941 ZANTAL, PETER ZANTAL, LORETTA A 400 ISLAND WAY #809 CLEARWATER FL 33767 - 2135 ZEVGOLIS, GEORGE P ZEVGOLIS, BEBA H 2031 HERITAGE PINES DR CARY NC 27519 - 7132 FLD2005-01012 200 & 201 Skiff Point Mr. & Mrs. Vito LaGioia 21 W 310 Temple Drive Itasca, IL 60143 April 8, 2005 City of Clearwater Cyndi Tarapani, Planning Director Post Office Box 4748 Clearwater, Florida 33758-4748 Dt . ? ? 2005 Dear Ms. Tarapani: As a resident of the Yacht House Condominium at 851 Bayway Blvd., I am adamantly opposed to the request to the approval to permit a 3 story, 18,500 sq. ft. Yacht Club structure from being built. This plan would obstruct our view and add more traffic and noise to the area. I feel that this proposal will definitely decrease my real estate value of our unit. There for I am objecting to the proposal at 830 Bayway Blvd., Bayside Sub No 6 Unit A, Blk D, Lots 5-11 Incl. FLD2005-01008. Su ce ly, Vito LaGio' 851 Ba y Blvd. Clearw er Beach, Fl 33767 ?Q 4-26-05; 1:20PM;city manes, er 95624257 # 3 ? q 6,/, C April 18, 2005 •. G Community Development Board City of Clearwater City Hall 0, 112 South Osceola Ave Clearwater FL. 33758 Gentlemen and/or Ladies As a resident of the Skiff Harbour Townhomes on Skiff?Point, Island Estates, Clearwater, my wife and I are quite con regarding the development of 200 and 201 Skiff Point. 200 and 201 adjacent to the Skiff Harbour Townhomes and we will be adversely impac by such a large development that is seemingly uncontrolled by any zoning, development, or planning board of the City of Clearwater, or any other city government entity for that matter. I have been -a resident of the City of Clearwater for about-29_ years-and it seems that for-the last two.'decades or so real estate firms and developers seem to have held sway over most of the city government. Witness the article about the dismissal of Cyndi Tarapani in the Clearwater Times on April 16,2005. Various people considered Ms Tarapani one of the best city planners. She claims that Mr. Horne forced her out because she resisted some uncontrolled development and now the developers will have their way with the city. I don't doubt it. She's right. And it gets worse every year. Just take a look at the nightmare on Brightwaters Drive on Clearwater Beach. Even some commissioners express regret. Brightwaters Drive is a prime example of developers greed enabled by an apathetic and corrupt city government that only wants to amass millions more in tax revenues, citizens be damned. If enough families move there with teen-age children, for example, there will be so many cars on the street that a fire truck probably won't be able to negotiate the street and then function properly: Bad luck for those who live on the eastern end. A sinular scenario is about io .occur on Skiff Point..The developers are, requesting extreme deviations from the building codes-not only..in:height, but also'' on the setbacks on all four sides. The deviations are, of course, for the sole purpose of maximizing the number of units and therefore the developers profit. Present residents be damned. If the developers receive 4-26-05; 1:21PM•city mare ;95624257 # F ? such extreme consideration, what considerations will the residents receive from the city government? The government should represent the people and not the special interests. I'm naive of course! It doesn't work that way any more. Does it? But give the residents something. Aren't there any pangs of conscience? Throw us a bone. After 15 units are built by the Rogers group and 15 more by the Liberty Group at the end of Skiff Point on a very small parcel of land there will be an extreme parking problem. Can't the city require the developer to provide at least a few more parking slots; somehow? Or require that the documents of condominium not allow more cars than there are parking slots; somehow? What about the overhead wires? They are now an ugly mess. With another 30 units in one small area we won't be able to see the sky through the wires. Give the residents something. Have the developer place all electrical, cable and phone wires underground on Skiff Point. Place the wires underground so that fire trucks can pass and raise their booms and ladders; and now to a height of five stories. What about a commitment from the developer to protect the beautiful property of the Skiff Harbour Townhomes and other properties adjacent to the development. Will a proper plywood bulkhead be built between our pool area and the construction site? I hope so. It is sad to see such uncontrolled development in what was once a neat and clean city. But what's done is done. One can only hope that in the future the city government and the associated boards will have the backbone to be more considerate of the residents than of the special interests. The developers will extract the most money possible and then move on to retire elsewhere, and in their old age will probably not even remember the name "Clearwater". The residents and their children are left with the dregs. 1 urge the mayor, commissioners, and all relevant board members to take a walking tour to see the mess on Brightwaters Drive and then walk along Skiff Point to see what has the potential to be even a larger nightmare. Thanking you for your consideration in advance, I remain CC: Commissioners City Manager Clearwater Gazette 214 Skiff Pt. Clearwater, FL 33767 M +, Carroll & Joan Lovett 223 Palm Island, SW Clearwater, FL 33767 City of Clearwater Cyndi Tarapani, Planning Director P. O. Box 4748 Clearwater, FL 33758-4748 Re: Community Development Board Public Hearing April 19, 2005 200 & 201 Skiff Point, Island Estates of Clearwater °---Unit 5-A, Lots 35 & 36. FLD2005-01012 i i L? R , 1005 f I Dear Cyndi Tarapani: PLANNING & 1) VL-LCi',,.,rNTSVCS Because we will be traveling on Tuesday April 19, 2005, we will be unable to attend the Community Development Board Hearing. We hope that you will take this letter into due consideration prior and during the meeting. We are writing to express our serious objection to the requested Flexible Development at 200 and 201 Skiff Point, Island Estates. As neighbors of Skiff Point, we are very concerned about the development of a building that will be approximately two times as high as most other buildings in the area - sticking out like a sore thumb. The current setbacks are in place for good reason: to maintain the beauty of this area and to ensure that a reasonable (but not excessive) number of people can live comfortably on Island Estates. Skiff Point of Clearwater, LLC has requested extreme variances (in every possible direction, as noted in the table below) to the current setbacks for what would seem to be the sole purpose of increasing their profits on the property. Normally, when variances are requested, it is because of a hardship. Unfortunately, in this case, if the requested variances were to be approved, the hardship would be borne by the neighborhood because of the impact on the local neighborhood. Developers such as Skiff Point of Clearwater, LLC tend to stay in an area such as ours only for the short term - while they build their structure and sell the corresponding units. Then, they leave, while the neighbors must endure any and all negative consequences of the new building. In this case, the negative consequences to us are a seriously restricted view of the water, more congestion due to the local population increase, parking problems, and the eyesore of such a huge building. Moreover, because of the requested reduction in side setback*e new building would be less acASible to emergency response personnel. This would cause safety hazards for the occupants of the new building but also - in the case of a fire that might spread to adjacent structures additional hazards to the neighbors. It should be noted that the magnitude of the variances being requested is quite large. As the table below shows, the requested setbacks represent a 61% reduction on average. That is, the variances requested are cutting our current setbacks in more than half. In addition, the requested height of the new building is a full 217% of the current maximum height (when the elevator is included). Front East Setback (25' reduced to 15') = 40% reduction in set back Front East to Pavement (25' reduced to 3') = 88% reduction North setback (10' reduced to 6.5') = 35% reduction South setback parking (10' reduced to 5') = 50% reduction Rear south setback (15' reduced to 0') = 100% reduction Rear south to pool (15' reduced to 5') = 67% reduction Rear to parking (15' reduced to 7.5') = 50% reduction Average 61 % reduction Height (30' increased to 65') = 217% increase These are not insignificant changes! We should be clear in stating that we are not against all development projects on Island Estates. In this case, however, it is the size and scope of the project that make our objections so strong. If the size of the project were reduced (either fewer or smaller units), the ceiling heights were decreased, the elevator to the roof were eliminated, or otherwise a structure was built more in keeping with its local surroundings, then we would not have major objections. Finally, in considering this requested flexible development, the Community Development Board should keep in mind the problems of a slippery slope: were the Board to approve such a large set of variances in this case, the zoning codes in general would likely become meaningless as more and more requests were made based on such an extreme precedent. Just because it's their right to request these changes, it doesn't mean that they're right. Respectfully, 4ffelovett Jan Lovett ? ?" aR 0 6 2005 A 1 Cyndi Tarapani ? T V S Planning Director pIANNING & DF1? ??(?? ° a?adeau, CMC City Clerk City of Clearwater P.O. Box 4748, Clearwater, FL 33758-4748 NOTE: Applicant or representative must be present at the hearing. YOU ARE BEING SENT THIS NOTICE IF YOU ARE THE APPLICANT OR OWN PROPERTY WITHIN 200 FT OF THE SUBJECT PROPERTY. A COPY OF THIS AD IN LARGE PRINT IS AVAILABLE IN OFFICIAL RECORDS AND LEGISLATIVE SERVICES. ANY PERSON WITH A DISABILITY REQUIRING REASONABLE ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS MEETING SHOULD CALL (727) 562-4093 WITH THEIR REQUEST. Ad: 04/03/05 S'??v?,r? bb?ee?Y ? tf?s ?cou?sl ,?r,V.??ex?bl?d?JO?DPvrzl?t u???oJ? ? iS?nin? ??? ??3 Cf?wwa??? H-331e1 • CITY OF CLEARWATER NOTICE OF COMMUNITY DEVELOPMENT BOARD s 3t APR 0 a 2005 & D- _ _ .. _ _ .1T SVCS fi1+UR.TNGS.. -?iR The Community Development Board of the City of Clearwater, Florida, will hold public hearings on Tuesday, April 19, 2005, beginning at 1:00 PM, 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. Skiff Point of Clearwater, LLC is requesting Flexible Development approval to permit 15 attached dwelling units with reductions to the front (east) setback from 25 ft to 15 ft to building and from 25 ft to 3 ft to pavement; a reduction to the side (north and south) setbacks from 10 ft to 6.5 ft to building and 5 ft to parking; a reduction to the rear (south) setback from 15 ft to zero ft to pool deck, 5 ft to pool and 7.5 ft to parking; and an increase in height from 30 ft to 49 ft to roof deck and additional 4 ft for parapet (from roof deck to top of parapet) and an additional 16 ft for elevator overrun (from roof deck), as a Residential Infill Project, in the Island Estates Neighborhood Conservation Overlay District (IENCOD) / Medium High Density Residential (MHDR) District under the provisions of Secs 2-404(F) and 2-1602(C). [Proposed Use: Attached dwellings (15 dwelling units)] at 200 and 201 Skiff Point, Island Estates of Clearwater, Unit 5-A, Lots 35-36. FLD2005-01012 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 l DB. 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. 5 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. 117 Judith A. Lyons 400 Island Way Apt, 903 Clearwater, FL 33767 pm X18 J ;. 'J ,'? ? `°°m. •?.,?"'"",v„-?..® ?yur. Wu?ln a?Q ?a?k ?tlv?V) iny ?i(ea`u? U Gri?u7 u? e?"lift .l.i.3?1 .5'6 .i.0. 1 W3 JUN 2 0 2005 Michael Delk PLANNING & DEVELOPMENT Planning Director SERVICES P.O. Box 4748, Clearwater, FL 33758-4748 NOTE: Applicant or representative must be present at the hearing. Cynthia E. Goudeau, CMC City Clerk YOU ARE BEING SENT THIS NOTICE IF YOU ARE THE APPLICANT OR OWN PROPERTY WITHIN 200 FT OF THE SUBJECT PROPERTY. A COPY OF THIS AD IN LARGE PRINT IS AVAILABLE IN OFFICIAL RECORDS AND LEGISLATIVE SERVICES. ANY PERSON WITH A DISABILITY REQUIRING REASONABLE ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS MEETING SHOULD CALL (727) 562-4093 WITH THEIR REQUEST. Ad: 06/05/05 11MUna,t?- <Ci? , UV?#(?u ? ak?l? ?u u?N?yv? III,I, Z?9?? VK"_j t V-1 WkIV) 14vDS1 fX&Pj? uNU?u.VU?I?. J- I?vr b(?P?sed Aud)pwtv Gl?p?aJt?-'?X? >?? hoLa??GukJUt? DA C aUye b wdriuvl Vmuw?Y? WIC I/Jb?k?cd Ve(c??n,ud? h? dwzlbp riodcs?? cup o?i ?-b„?I?rS?. ?JLi'v??lne ?ws ?I'-v1" 1M?. -Yi?,Vi ?'^'''?d ????S ?}?Jt ?0?17?'2d Dln ?-?'6?'" hNu??I `?14? - Vlrs?" ?h SAY A VPf? lAnR`(?u?1LJe- py'b Jt ?U,?I? ?- C -1 U i __CITY OF CLEAR ATER NOTICE OF, COMMUNITY DEVELOPMENT BOARD PUBLIC HEARINGS The Community;-:Development'Board of thy` City of Clearwater, Florida, will hold public hearings on Tuesday,?June 21, 2005, beginning at 1:00 p.m., in the City Council Chambers, in City Hall, 3rd flog 112 South Osceola Ave, Clearwater, Florida, to consider the following 4 ,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. (font from 05-17-05) Skiff Point of Clearwater, LLC is requesting Flexible Development ~? approval to permit 15 attached dwelling units with reductions to the front (east) setback from 25 ft to i5 ft to building and from 25 ft to 3 ft to pavement; a reduction to the side (north and south) '. .. ?,a,.. ..+t setbacks from 10 ft to 6.5 ft to building and 5 ft to parking; a reduction to the rear (south) setback from 15 ft to zero ft to pool deck, 5 ft to pool and 7.5 ft to parking; and an increase in height from 30 ft to 49 ft to roof deck and additional 4 ft for parapet (from roof deck to top of parapet) and an additional 16 ft for elevator overrun (from roof deck), as a Residential Infill Project, in the Island Estates Neighborhood Conservation Overlay District (IENCOD)/Medium High Density Residential (MHDR) District under the provisions of Sec. 2-404.F and 2-1602. C and H. (Proposed Use: Attached dwellings (15 dwelling units) at 200 and 201 Skiff Point, Island Estates of Clearwater Unit 5-A, Lots 35 & 36. Assigned Planner: Mark T. Parry, Consulting Planner.- FLD2005-01012 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. I e Michael Delk • Planning Department Director City of Clearwater - City Hall 112 South Osceola Ave. Clearwater, FL 33758 Re: Request for Flexible Development Approval Properties at 200 and 201 Skiff Point, Island Estates of Clearwater Case Number: FLD2005-01012 Dear Mr. Delk, May 14, 2005 d31VMdd310 30 J1110 1N3W M30 E)NINNV7d 031 'A' 13 0 3b My name is Eric Mercer, we have been resident and owner of 231 Skiff Point Apartment #5 for the past 4 years. WE STRONGLY OPPOSE GRANTING FLEXIBLE DEVELOPMENT APPROVAL FOR THE ABOVE REQUEST! is Reason for Opposition: The proposed development will destroy existing residential character of the Skiff Point neighborhood in the following ways: 1. Proposed number of dwellings will be increased to 15 units. This is a three-fold increase from present 5 units to 15 units. 2. Proposed height of the development is 71 ft. Existing buildings heights are 30 ft. m Almost two and half times increase in building size. 3. Proposed parking spaces have been reduced from 2-3 cars per dwelling to 1.5 cars per dwelling. 4. Proposed dwelling setbacks are reduced from 25 ft. to 3 ft. pavement. We are above all very disappointed and indeed concerned about your Planning Department APPROVAL of this Flexible Development Request. is The City Planning Department committed a number of errors and misstatements in their • evaluation of the Request, included in their Staff Report and as presente ikECEIVED Meeting April 19, 2005; Including: A. - NUMBER OF DWELLINGS AT EXISTING LOCATION MAY 10 2005 Planning Department Count: 15 dwellings ACTUAL Count: 5 dwellings PLANNING DEPARTMENT CITY OF CLEARWATER 200 Skiff Point, consist of one-story building. Initially it was occupied as one family residence. 201 Skiff Point, consist of a two-story building. Initially two families occupied it. B. -SETBACK REDUCTION Planning Department presented that the reduction of the present 25 ft Setback to 3 ft. - to pavement is "consistent and comparable" to other dwellings in the neighborhood. Not correct ! MIMIMUM ACTUAL SETBACKS ARE 25 ft! C. - PARKING AND TRAFFIC CONGESTION is Planning Department claims that the development is designed to "minimize parking and traffic congestion." Opposite is true! Only 1.5 parking spaces are proposed per dwelling and no additional parking is available on the small Skiff Point cul-de-sac. The inevitable parking and traffic congestion will be horrendous. C. -HARMONIOUS LAND DEVELOPMENT Planning Department claims that the development of this land "will be in Harmony with the scale, bulk, coverage, density and character of adjacent properties." What a joke! Again, how could they claim this proposed massive bulk- with a height rising two and a half times higher than all other adjacent buildings, with three times higher resident density, reduced per- dwelling parking, drastic reduction of building setbacks etc. - is harmonious with the established community of Skiff Point! 0 Y 9 0 Finally, according to the Island Estate Neighborhood Overlay District (IENCOD), • developers and the Planning Department cannot pursue alterations of existing code without citizenry approval. Why does the Planning Department claim that the Island Estate Neighborhood Overlay District does not apply to Skiff Point development? CONCLUSION Upon reviewing Planning Department APPROVAL of this Flexible Development Request and their subsequent defense of the approval at the CDB Meeting on April 19, 2005, it would appear that Planning Department with their numerous errors, misstatements of facts, and their biased recommendations have been less than fair to the citizenry and residents of Skiff Point and Clearwater. It is clear that the information provided in the Planning Department report is Incorrect and favors the position of the developers, not the citizens and residents of Skiff Point. We therefore ask you to review the errors and misstatements in the report and provide a more balanced and fair recommendation to the Community Development Board. • Thank you for your consideration, Eric Mercer & Claudia Mercer 231 Skiff Point #5 Clearwater, FL 33767 Gad: cl - nY7 e, C" RECEIVED W"Y 1 j 2005 PLANNING DEPARTMENT CITY OF CLEARWATER 0 June 9, 2005 Clearwater Community Development Board Attn: Mr Gildersleeve, I D C? ? f JUN ! 0 5 VLANINtNG S pyG ,,SLOPMEN? t C!n?OF ?EAAWA i Having reviewed the May 17d CDB meeting film, I find I have numerous questions and comments. First, a member of the Board made comments, referring to their interpretation of Beach by Design as the criteria which they said, should be used to decide the standards for Island Estates. I have reviewed the Beach by Design document, and find that there is no reference to Island Estates. The document very clearly shows both by description and by the maps included that the document is designed only for Clearwater Beach as a tourist destination, which Island Estates is not. Secondly, every member of the Board stated that the issue of Skiff Point bothered them, and they were struggling with what was the correct position to take. This bothers me that every Board member knows that allowing Rogers Development to build this five story condo project will open the floodgates allowing every other developer in the area to rush in and buy every two story unit on Island Estates. This is exactly what Mr. Roland Rogers told me last week that he expects to happen. If that were to happen Skiff Point would have every two story unit on the street purchased and replaced by 5 story condo buildings. This area will look similar, or worse than Brightwater Drive. Brightwater Drive only has 2 and 3 stories above garage, not 4 stories above garage as being requested for Skiff Point. I find it difficult to understand how the Planning Dept. can on one hand, say that the City objective is to eliminate all back out parking in non single family areas while approving numerous 0 0 projects submitted by Roger's and other developers on Brightwater Drive. Where is the consistency in our planning rules? Had the developer's been turned down for back out parking on Brightwaters'; they would have instead devised a plan that would have included first floor non back out parking. Brightwater Drive is the equivalent of a normal two block long street. There is not one on street, or overflow parking space available on, or even within a reasonable walking distance. Yes, this meets city code, but does it in any way seem logical. If anyone on this street has a party, or just invites a few friends over, where do they park? The CDB must do more than rubberstamp decisions made by the Planning Department. Hopefully the CDB has professional members, who can see beyond one project. I believe that the Planning Department's function is to review projects and confirm that an applicant's project meets city code. I also believe that it is the responsibility of the CDB to use it's expertise to look at the long range effects of what is being presented and assure the citizens of Clearwater that they are making their best effort to see that Clearwater is not only a nice destination for visitor's, but also a quality living location for locals. The developer would like to have you believe that Skiff Point is like the beach in that most owners are only part time residents. This is not true. Over 94% of Skiff Point residents are full time. Many also have more than 2 vehicles per household. The city planners unfortunately do not get out and find out what the real current situations are; instead they are using outdated averages which are not applicable to locations like Skiff Point. . In the case of Skiff Point, letting Rogers build their unit will most likely result in multiplying the problems (parking, height, setbacks, safety, traffic, etc..) by a factor of 7 (the number of 2 story units on Skiff Point). This I believe is the issue that the board should be concerned with, and not just one buildings approval. There will also be a carryover affect for every other remaining two r. - 0 story building on Island Estates and also on the Island Estates total infrastructure. Lastly, the residents of Skiff Point are not intimidated by false threats by Rogers or other developers, that they would build some ugly monstrosity and cram in more units, with less desirable tenants, if the city turns down their current plan. They know, as well as we do, that what Rogers displayed as an alternative, would not be saleable in this market. I would appreciate someone from the Board or the City writing back and giving me your thoughts on my concerns. Very ruly Yours, Nei V. Spillane 222 Skiff Point Clearwater, Fl 33767 CC: CDB Board Members Mr. J.B. Johnson Mr. A Plisko Mr. T. Coates Mrs. K. Milam Mr. D Dennehy Mr. D. Tallman Mr. N. Fritsch Mrs.Gina Grimes Board Attorney Mr. Michael Delk City Planning Director f Mr. Mark Parry Project Manager I AA CITY OF C LEARWATER PLANNING DEPARTMENT w? --V R?. POST OFFICE BOX 4748, CLEARWATER, FLORIDA 33758-4748 ®;` " J, I } I I MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756 TELEPHONE (727) 562-4567 FAx (727) 562-4576 LONG RANGE PLANNING DEVELOPMENT REVIEW June 23, 2005 Mr. Housh Ghovaee Northside Engineering 601 Cleveland Street, Suite 930 Clearwater, FL 33785 . Lea RE: Development Order - Case 12 - 200 Skiff Point (Skiff Point Condominiums). Dear Mr. Ghovaee: This letter constitutes' a Development Order pursuant to Section 4-206.D.6 of the Community Development Code. On June 21, 2005, the Community Development Board reviewed your Flexible Development application to permit 15 attached dwelling units with reductions to the front (east) setback from 25 feet to 15 feet to building and from 25 feet to three feet to pavement; a reduction to the side (north and south) setbacks from 10 feet to 6.5 feet to building and five feet to parking; a reduction to the rear (south) setback from 15 feet to zero feet to pool deck, five feet to pool and 7.5 feet to parking; and an increase in height from 30 feet to 49 feet to roof deck and additional four feet for parapet (from roof deck to top of parapet) and an additional 16 feet for elevator overrun (from roof deck), as a Residential Infill Project, in the Island Estates Neighborhood Conservation Overlay District (IENCOD)/Medium High Density Residential (MHDR) District under the provisions of Sections 2-404.17 and 2-1602. C and H. The proposal includes constructing a 15-unit, five-story (four stories over ground level parking) residential condominium building. The Community Development Board (CDB) APPROVED the application with the following bases and conditions: Bases for Approval: 1. The proposal complies with the Flexible Development criteria as a Residential Infill Project per Sections 2-404.F.G. 1 through 7 and 2-1602. C and H. 2. The proposal is in compliance with other standards in the Code including the General Applicability Criteria per Section 3-913 1 through 6. 3. The development is compatible with the surrounding area and will enhance other redevelopment efforts. BRIAN J. AUNGSI', MAYOR FRANK HIBBARD, VICE MAYOR HOPI' HAMILTON, COUNCIUMENIBER BILI. JONSON, COUNCILNIBIBER C.ARLEN A. PETERSEN, COUN'CIf_mE.\IBGR "EQUAL EMPLOYMENT AND AFPIRN-LA'17vE ACTION EMPLOYER i - i - 4 PA _4 . y 41 June 23, 2005 Ghovaee - Page Two 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 boats moored at the docks, lift and/or slips be for the exclusive use by the residents and/or guests of the condominiums and not be permitted to be sub-leased separately from the condominiums; 3. That any future attached sign meet all the requirements of Code and be designed to match the exterior materials and color of the building; 4. That all applicable requirements of Chapter 39 of the Building Code be met related to seawall setbacks; 5. That a condominium plat be recorded, prior., to -the issuance of the first Certificate of Occupancy; { 6. That all proposed utilities (from the right-of-way to the proposed building) be placed underground. Conduits for the future undergroun7i'ng 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; 7. That a right-of-way permit be obtained from the City prior to open cutting the roadway within the Skiff Point right-of-way for a water connection prior to the issuance of a building permit. Contact Don Melone (727.562.4798) for permit information; 8. That all street restoration shall be in accordance with Engineering Standard Detail #104. Revise Sheet C6.1 using City details prior to the issuance of any permits; 9. That revised plans be submitted to and approved by Staff prior to the issuance of any permits which indicates that ductile iron pipe be installed between any tap and water meter and tap and backflow preventor device and at least one joint of ductile iron pipe be installed on the service side of any backflow preventor device. 10. That all Fire Department requirements be met prior to the issuance of any permits; and 11. That all Parks and Recreation fees be paid 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 (June 21, 2006). All required certificates of occupancy shall be obtained within two years of the date of issuance of the building permit. Time frames do not change with successive owners. The Community Development Coordinator may grant an extension of time to initiate a building permit 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. i. June 23, 2005 Ghovaee - Page Three 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 this Development Order. 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 July 5, 2005 (14 days from the date of approval by the CDB). If you have any questions, please do not hesitate to call Mark T. Parry, Consulting Planner at 727.562.4558. Zoning information is available through the City's website at http://www.myclearwater.com/ via the "Zoning/Parcel Maps (GIS)" link and "City Codes" link both under "Services". Very truly yours, Michael Delk, CP Planning Director S:IPlanning DepartmentlCD BIFLEX (FLD)Unactive or Finished ApplicationslSkiffPoint 200 (MHDR & IEOD) -ApprovedlSkiffPoint 200 Development Order. doc aoo~- o ~o ~a - 7 LOTS 35 AND 36 OF UNIT 5A ISLAND ESTATES OF CLEARWATER ACCORDING TO THE MAP . ~ ' If^~~~ '~B •q ® ~ I? ~;j 1 OR PLAT THEREOF, AS RECORDED IN PLAT BOOK 60, PAGE 51, OF THE PUBLIC RECORDS - - OF PINELLAS COUNTY, FLORIDA. EXIST. ELEVATION ~ } ~ ~ CONTAINING 0.50 ACRES, MORE OR LESS. EXIST. CONTOUR f ~ NEW ELEVATION ^,'~~.~t~ ~ I ~b ®a~ NEW CONTOUR a~ ~~~~4yaa ~ .i k ~ EXIST. STORM SEWER ~~~p ~ ~ ~j~ a n ~R:.ot ~ ~ NEW STORM SEWER ~ ~ ~ ~ ,7,'~' ~ i ~ ® ~ a ~ ~ NEW UNDERDRAIN I ~ ~~~~~~r~~, EXIST. SAN. SEWER ~ ~ ' NEW SAN. SEWER ~ ~ I EXIST. WATER SERVICE t;,F ~~~~~~~I~r~ G ~V~~a~,~t~ NEW WATER SERVICE ~Y~ , I~~a~ ~I. ~r~ P a ti x I : ~ r K ' NEW INLET p ~ ~ 6 ~ f k ¦ 1 ll', ~ Y~. d a ~'1 gy'p', ~ SS r 5 ~ NEW SAN. MANHOLE ~ 'r~ 1 ~ . ~ k~e ~ I ~ © ~ 5,a v.,. ' ^a~ ; NEW CLEAN-OUT(C.O.) ~ ~ Q ~ ~ i ~ ~ ~ ~ 5,,. t:~~fti. ' NEW BUILDING AREA i I i~ ~ ~ ~ ; , FJ 1 S:yi... ' NEW ASPHALT ...............__..._.._._.._...1 ~i ~,k~~x. ~ ; , fx ~ ~ w 1< ~ d ~ NEW CONCRETE ~ ~ ~ _ 1 ' ~ TEMP. SILT BARRIER j~ ~ a rtMr , ar j - ~ POINT OF CONNECTIOPI ~ ~ ~ OF NEW UTILITY TO EXIS~1~. ~ ~ f ~ r M METER I >~~~.~~~~;~r d ~JY - r > t!7,r ~r~ = 1~1~ ~ B.F.P.D. BACICFI.OW PREVEN i10N Df ~~1l,C: ~~I i F.H.A. FIRE HYDRANT ASSEMBLY ~ ~ ~ v 5 FF R'T r ~ H~~~~" F.D.C. FIRE DEPARTMENT CONI~IE(;TION ~ ~ S. ~ ~ , Kf~ppO ' ~ ~ fSai Div y ~.J~(q r, H , c. J 5 ; 41 3 ~ &~~"~'y7 ~ r~" 'P 4 h ~ _ ~ ~ ~ f >~~r ,I~~ sr~ T.B.O. TEMPORARY BLOW-OFF ti>Y ~ ~I~u r~`~~ae~~ ~N~ ~t ~ ` a~ ~ r " ~ ~"~s~ ~ ~ ~ a~ ~ T.V. TAP AND VALVE ~ t~~ ' ~ ~ ~ r I ~ ~ ~~h 4~~ ~~~m.. 064 0 L- ~ Ip ;ll~~ o I~f 4 ',c ~~IF , ~~f. ~ ~ H~: B.J.V. rl r~~~~ ' ,yP,. 0 ~ ~ ~ 1 , , ~ 6y H.G. r ,.hx , ~ k ` ` ~ g ~ a A k-0 ~Y~'d far ~al C3 ~Prt 9 Yv .a , s~ 1{R~1 { f~ ~ ~ ff~~\ III _ k m ad, ~ a ~Yr`y`,~ 't 1yr~ `1 ~ Dote Descri tion ' - Vi _ ;a 1 ~ ~ al`, I i x 'I ii ' ~'1 ~ [ . ~ ~1'~ N.T.S. NORTH 1.. -100' ~ 1 ,I , ~ _z_~ _ _ d 1 . `x g ~~I ~ _ - ~~3. 1 - i / t~ ~ iil M U 43 -~y d (0 V ~ t I ! ~ ro R ~ ) ISTING E PROPOSED P REI EC o, ~ , REQUIRED ° ` a SITE PLAN APPRQUED ~ ~ m MHDR MHDR MHDR CASE # 1~ZCbS•O/or Z Q ZONING: ~r _ CASE TYPE _ ~r P 0 DRC DATE d 3 , o_~_~_' RH RH LAND USE: RH CDB DATE ~ . ( o S r7 d~. L~~ •n 0 w.. SI ~ f GNATURE Pel o HOTEL ATTACHED DWELLINGS ATTACHI DATE A~•z . ATTACHED DWELLINGS . s.. ~ ~ ,r, + USAGE: (15 UNITS) c 21 820 S.F, 21 820 S.F. ~ ' N LOT AREA: 0.50 AC. 0.50 AC. 15,00 y' ~ 15,000 S.F. MIN. Q ~ ~~~i~. ~~T~ m 30 l N 15 UNITS DENSITY: 1, 30 UNITS/ACRE Y 15 UNITS ~ ~ ~~~Q~ ~~~~~~0~~~~:~ - BUILDING COVERAGE: 8,231 S.F. 10,410 S.F. o ° N (S.F. & / OF GROSS SITE) 38.0% 48.0% ~ ~ m GROSS FLOOR AREA (S.F.): 8,231 S.F. 10,410 S.F. 3 F.A.R.: 0.380 0.480 N/A f~~II f~ I~ > FRONT: 19.8' 10.5' 1 0 10'-25' P Gil{ ~ E~ ~ ~ BLDG. ~ ~ SETBACKS: SIDE: 4.8 7 C - - 0 -T10 ~~i.~ ~T~~~~B~~ ~ Ear ~ 6~J ~ ~ W REAR: 13.3 ~ 5 u9 0'-15' 1~3 ~ ~ ~ ~L 1 & 2 STORY 2 STORY ~ BLDG. HEIGHT: m I ~r ° THE ABOVE DESCRIBED PROPERTY APPEARS TO LIE WITHIN FLOOD PAVED VEHICULAR USE AREA: N ~ n ~ 2,944 S:F. 1,012 S.F. a, ZONE AE & VE PER FLOOD INSURANCE RATE MAP 12103C0102G (V.U.A.) MAP REVISED: 09 03 2003 ~ ~ d IMPERVIOUS SURFACE RATIO: 13,047 S.F. 13,561 S. . ~1 7 ® c~' o ' a I.S.R. 0.60 0.62 ( ) 0.95 MAX. ~ ~ a ~ ~~f r~Gr~ii ~ ~ ~ 1 ~~~.1~ U ,.....____._..V.......~.._ M.._._.._.. 0 OPEN SPACE: 8,773 S.F. 8,259 S.F. 5% MIN. , , ~ ~ 40.0% 38.0% o (S.F. & / OF GROSS SITE) o ~ I;i ~ I~.~= ~ ~ ~ ~ ~ PARKING: 24 .,u• FRVICF AND SNAI I REMAIN THE P(';Dr'ERTY DF~ _ Vi TNIC t1RAWINf: IC AN INSTRIII~FAfT ~,~~~~,*~r~ y~,~~~ ~ V~, SURVEY INFORMATION PROVIDED BY A SIGNED & SEALED SURVEY BY: - - - ENGINEER, AND SHALL NOT BE REPRODUCED, PUBLISHED OR USED IN ANY WAY PJITHOUT °THOMAS S. CLANCEY a PLS No. 4024 PARKING CALCULATIONS: 1.5 SPACES PER UNIT: 15 UNITS 1.5 = 22.5 = 23 SPACES REQUIRED THE CONSENT OF THE ENGINEER. (C)COPYRIGHT 2005 NOT PUBLISHED FLORIDA REGISTERED SURVEYOR 01RED ~ Q k o DATED: 08/05/2004 4 i r t m a~ RAMANUJACHARQ KAPaBM P.E.443863~ COPIES OF THESE PLANS ARE NOT VALID UNLESS t~ z m EblBOSSED WITH THE SIGNING ENGINEER'S SEAl. p~id1 I. S.W.F.W.M.D. /EROSION CONTROL NOTES CLEARING AND GRUBBING NOTES ICON'TI WATER/SEWER CLEARAN E RI " ~ ~ ' C OUQ~~e.~~~3 u ~ ICON TG CONTRACT R'S REI 0 IACTOR'S RESPONSIBILITY NOTE P90TE TO C0~9TR1~CT0R 5. ALL CONSTRUCTION DEBRIS AND OTHER WASTE MATERIAL SHA 8 A. THE SEWER SHALL BE ENCASED IN CONCRETE FOR 20 FEET CENTERED ON THE 1. DURING CONSTRUCTION SEDIMENT IS TO REMAIN ON SITE. THE CONTRACTOR IS LL E DISPOSED OF THE CONTRACTOR SHALL PROVIDE CERTIFIED RECORD DRAW- ~ OFF-SITE IN ACCORDANCE WITH APPLICABLE REGULATIONS. 0 " CROSSING (10 FT. LINEAR SEPARATION BETWEEN JOINTS); RESPONSIBLE FOR THE INSTALLATION OF EROSION AND SEDIMENT CONTROL DEVICES " NLY GRADING BY IT 15 THE CONTRACTORS F ®0 0 CONTRACTORS RESPONSIBWTY TO PERFORM A SURVEY (ACCOMPANIED BY INGS, SIGNED AND SEALED BY A PROFESSIONAL LAND SURVEYOR. y = 'y'%' I G ALL HASES OF LAND CLEARING AND CONSTRUCTION HAND IS PERMITTED WITHIN THE CANOPY LINE OF TREES THAT ARE TO REMAIN. B. THE SEWER SHALL BE INSTALLED WITH D.I.P. FOR 20 FEET CENTERED ON THE PRIOR TO INITIATING AND DUR N P CROSSING (10 Ff. LINEAR SEPARATION BETWEEN JOINTS); THE ARCHITECT AND OWNEI TO PREVENT SOIL EROSION AND SILTATION. 6. THE CONTRACTOR IS TO OBTAIN ALL NECESSARY PERMITS FOR REMOVING ANY' C. THE SEWER SHALL BE DESIGNED AND CONSTRUCTED EQUAL TO WATER PIPE, AND SITE IMMEDIATELY UPC iECT AND OWNER) OF THE ENTIRE PROJECT AREA INCLUDING BUILDING(S) THE RECORD DRAWINGS SHALL SHOW FINAL GRADES FOR ti' ~ co v ' EXISTING STRUCTURES. AND BE PRESSURE TESTED AT 150 PSI TO ASSURE WATER TIGHTNESS PRIOR TO AND WRITTEN CORRESPOND IMMEDIATELY UPON OCCUPYING THE WORK AREA AND BY PHOTOGRAPHIC RETENTION BASIN(S), CONTROL STRUCTURE(S), INLETS ~ ~ d EN CORRESPONDENCE DETAILING ANY AREAS THAT ARE NOT IN A FIRST & PIPES WITH TOP & BOTTOM ELEVATIONS, INVERTS ~ ~ Q d' Z 2. THE RETENTION AREAS SHALL BE ROUGH GRADED PRIOR TO CONSTRUCTION, WITH ALL BACKFILLING; OR STORM WATER DIRECTED TO IT. AFTER COMPLETION OF ALL WORK, REMOVE DEBRIS 7, IT IS THE CONTRACTOR'S RESPONSIBILITY TO NOTIFY ALL UTILITY COMPANIES TO D. EITHER THE WATER MAIN OR THE SEWER LINE MAY BE ENCASED IN A WATERTIGHT -CLASS CONDITION (SURFACI JDITION (SURFACES THAT ARE UNBROKEN, NON-CRACKED, NON-RUSTING, DIMENSIONING OF SLOT & BAFFLE. LOCATIONS OF ALL UTILITIES ~ ~ AND SILTATION FROM THE BOTTOM OF THE REFENTION BASIN, ANO FINE GRADE THE CARRIER PIPE WHICH EXTENDS 10 FEET ON BOTH SIDES OF THE CROSSING, MEASURED WITHOUT CHIPS, WITHOUT ; INCLUDING THE SANITARY SEWER AND WATER PIPING. THE F°~ ~ ' ~ ^ HIPS, WITHOUT SPLINTERS, OF TEXTURE MATCHING ITS SURROUNDING, 3 h v? FNAL SIX 6 INCHES AND SOD. CONTRACTOR TO MAINTAIN THE SIDE SLOPE REQUIRED DISCONNECT OR REMOVE THEIR FACILITIES PRIOR TO REMOVING OR DEMOLISHING. O PERPENDICULAR TO THE WATER MAIN. THE CARRIER PIPE SHALL BE OF MATERIALS WITH NEW APPEARING FlNI; AND SHOWN ON PLAN, AND. NOTIFY ENGINEER FOR AN INSPECTION PRIOR TO SODDING. APPEARING FlNISHES, AND OPERATING AS ORIGINALLY DESIGNED OR CONTRACTOR SHALL PROVIDE TWO COPIES OF THE CERTIFIED ~qK , n 3° ®N APPROVED BY THE DEPARTMENT FOR USE IN WATER MAIN CONSTRUCTION. 8. THE CONTRACTOR WILL BE RESPONSIBLE FOR MAKING A VISUAL INSPECTION OF THE INTENDED TO OPERATE) Wf 3. THE RETENTION ARE?S AND OUTFALL CONTROL STRUCTURES SHALL BE CONSTRUCTED SITE AND WILL BE RESPONSIBLE FOR THE DEMOLITION AND REMOVAL OF ALL CONCLUSION OF THE PROJ TO OPERATE) WHICH WILL REMAIN IN THEIR.PRESENT CONDITION AT THE RECORD DRAWINGS TO THE ENGINEER. ° ~ v$ EARLY IN THE CONSTRUCTION PERIOD TO MITIGATE ANY ADVERSE WATER QUANTITY UNDERGROUND AND ABOVE GRQUND STRUCTURES THAT WILI_ NOT BE INCORPORATED TH WN A IN OF THE PROJECT. THE CONTRACTOR WILL BE RESPONSIBLE FOR PROVIDING THE AFOREMENTIONED RECORD DRAWING SHALL BE SUFFICIENT ~ ' ENOUGH IN DETAIL TO BE ACCEPTABLE BY AGENCIES HAVING ~ ~ R A COMPLETE PROJECT IN FRST CLASS CONDITION MEETING INDUSTRY WIDE v~ ~ IN PARTS .OFF: SITE.' WITH THE NEW FACILITIES. SHOULD ANY DISCREPANCIES EXIST WITH THE PLANS. E 0 ER COMPLETE F THE CONTRACTOR SHALL BE RESPONSIBLE FOR CAWNG THE OWNER AND REQUESTING ONE OF THESE METHODS SHALL ALSO BE UTILIZED WHEN .THERE IS NO ALTERNAI1VE TO STANDARDS IN QUALITY ANI i IN QUALITY AND PERFORMANCE THROUGHOUT THE ENTIRE PROJECT AREA JURISDICTION. ~ ~ V 4. AFTER COMPLETION OF THE PROJECT, THE OWNER WILL BE RESPONSIBLE FOR THE A CLARIFICATION OF THE PLANS PRIOR TO DEMOLITION. SEWERS CROSSING OVER WATER MAINS. IN SUCH INSTANCES, ADEQUATE STRUCTURAL BUILDING(S) AND SITE (REI AND SITE (REGARDLESS OF WHETHER AN AREA 15 SPECIFlCALLY IDENTIFIED V•~ ~ ' ~ ~ . OPERATION AND MAINTENANCE OF THE STORMWATER FACILITIES, ACTIONS INCLUDED SUPPORT SHALL BE PROVIDED FOR THE SEWER TO MAINTAIN LINE AND GRADE. SHALL BE REGULAR MOWING OF THE BOTTOM AND SIDE SLOPES, PLUS PERIODIC WITHIN THE DRAWINGS AND :DRAWINGS AND SPECIFICATIONS OR NOT) UNLESS A PARTICULAR AREA HAS GE6>OERAL C®B~$TR99CTI0~8 F~OTE~S ~ ~ ~ INSPECTIONS AND REMOVAL ,OF DEBRIS, TRASH, ETC. THAT MAY BLOCK THE 9. DURING CONSTRUCTION, ALL STORM SEWER INLETS IN THE VICINITY OF THE BEEN DESCRIBED IN THE P PROJECT SHALL BE PROTECTED BY SEDIMENT TRAPS 5UCH AS SECURED HAY BALES, HORIZONTAL SEPARATION BETWEEN PARALLEL LINES OPENINGS IN THE CONTROL STRUCTURES.'. BRIBED IN THE AFOREMENTIONED PHOTOGRAPHS AND WRITTEN DETAILS. ® ~ ~ SOD, STONE, ETC. WHICH SHALL BE MAINTAINED AND MODIFED AS REQUIRED BY CONTRACTOR HAS THE RES 1R HAS THE RESPONSIBILITY TO PROTECT THE EXISTING BUILDING(S), 1. ALL THE WORK PERFORMED SHALL COMPLY WITH THE REGULATIONS AND ORDINANCES OF 3 ~ ~ 5. ALL DISTURBED CONDI110NS SHALL BE RESTORED TO NATURAL CONDITIONS OR BETTER. CONSTRUCTION PROGRESS. GRAVITY SEWERS OR FORCE MAINS SHALL BE INSTALLED AT LEAST 10 FEET HORIZONTALLY UTILITIES AND SITE THROU( FROM ANY EXISTING OR PROPOSED WATER MAIN. THE DISTANCE SHALL BE MEASURED EDGE .ND SITE THROUGHOUT THE PROJECT TIME FRAME. SHOULD, DURING THE THE VARIOUS GOVERNMENTAL AGENCIES HAVING JURISDIC110N OVER THE WORK. . ~ . ~ F THE WORK, ANY AREA OF THE BUILDING(S) AND/OR UTILITIES AND/OR 2. ALL ELEVATIONS ARE REFERENCED FROM NATIONAL GEODETIC VERTICAL DATUM. ~ ~ ~~`1 6. ALL SIDE SLOPES OF RETENTION OR SWALE AREAS SHALL BE STABILIZED BY VEGETATION 10. ALL EROSION AND SILTATION CONTROL METHODS SHALL BE IMPLEMENTED PRIOR TO TO EDGE. IN CASES WHERE IT IS NOT PRACTICAL TO MAINTAIN A 10 FT. SEPARATION, THE COURSE OF THE WORK, AP OR OTHER MATERIALS TO MINIMIZE EROSION AND PROTECT THE STORMWATER BASIN. THE START OF CONSTRUCTION AND MAINTAINED UNTIL CONSTRUCTION IS COMPLETE. WATER MAIN SHALL BE INSTALLED IN A SEPARATE TRENCH OR ON AN UNDISTURBED EARTH THE BUILDING(S) AND/OR ~ ING(S) AND/OR UTILITIES AND/OR THE SITE BECOME DAMAGED AND THAT o ~ ~ SHELF LOCATED ON ONE SIDE OF THE SEWER AND AT AN ELEVATION SO THAT THE BOTTOM AREA WAS NOT SPECIFlCAU NOT SPECIFICAU.Y CALLED OUT TO 8E A PART OF THE CONSTRUCTION, THE 3. LOCATIONS, ELEVATIONS, AND DIMENSIONS OF EXISTING UTILITIES, STRUCTURES, fe~Yu. ~ ~ W 11. WHEN CONSTRUCTION IS COMPLETED, THE RETENTION DETENTION AREAS WILL BE OF THE WATER MAIN IS AT LEAST 18 INCHES ABOVE THE TOP OF THE SEWER, AND THE NOTE: REQUIRED EROSION CONTROL MEASURES MUST REMAIN INTACT THROUGHOUT / CONTRACTOR SHALL REPAIF 1R SHALL REPAIR AND/OR REPLACE THE DAMAGED AREA TO THE SATISFACTION AND OTHER FEATURES ARE SHOWN ACCORDING TO THE BEST INFORMATION AVAILABLE AT THE TIME OF PREPARATION OF THESE PLANS. THE CONTRACTOR WILL VERIFY s non b'rY CONSTRUCTION. FAILURE TO INSTALL OR PROPERLY MAINTAIN THESE BARRICADES WILL RESHAPED, CLEANED OF SILT, MUD AND DEBRIS, AND RE-SODDED IN .ACCORDANCE WATER AND SEWER JOINTS SHALL BE STAGGERED. OF THE ARCHITECT AND OV RESULT IN ENFORCEMENT ACTION WHICH MAY INCLUDE CITATIONS, AS PROVIDED BY CHAPTERS TO THE PLANS. ;CHITECT AND OWNER AT NO ADDITIONAL COST TO THE OWNER. THE LOCATIONS, ELEVATIONS, AND DIMENSIONS OF ALL EXISTING UTILITIES, • IF IT IS IMPOSSIBLE TO OBTAIN PROPER HORIZONTAL AND VERTICAL SEPARATION AS •400-4 & 400-40 F.A.C. CAN RESULT IN A PENALTY NOT TO EXCEED $10,000 PER 12. CONTRACTOR IS TO PROVIDE EROSION CONTROL SEDIMEN DESCRIBED BOTH THE WATER MAIN AND SEWER MUST BE CONSTRUC D 0 STRUCTURES AND OTHER FEATURES AFFECTING THIS WORK PRIOR TO CONSTRUCTION. •s', OFFENSE WITH EACH DATE DURING WHICH SUCH VIOLATION OCCURS CONSTITUTING A / TAT10N BARRIER (HAY ~ TE F SLIP-ON OR AS A PART OF THESE DOC BALES OR SILTATION CURTAIN} TO PREVENT SILTATION OF ADJACENT PROPERTY, MECHANICAL JOINT PIPE COMPLYING WITH PUBLIC WATER SUPPLY DESIGN STANDARDS OF THE pROVIDED, AND ANY ADDITP OFFENSE. DEPARTMENT AND BE PRESSURE TESTED TO 150 S ' OF THESE DOCUMENTS, A SITE SURVEY AND/OR SITE DATA, WHEN s ,r~ ~ AND ANY ADDITIONAL INFORMATION THAT MAY BE PROVIDED IS FOR 4. THE CONTRACTOR SHALL CHECK THE PLANS FOR CONFLICTS AND DISCREPANCIES w STREETS, STORM SEWERS, WATERWAYS, AND EXISTING WETLANDS. P I TO ASSURE WATERTIGHTNESS BEFORE BACKFlLLING. INFORMA110NAL PURPOSES PRIOR TO CONSTRUCTION. THE CONTRACTOR SHALL NOTIFY THE OWNERS ENGINEER ~ i~~;,.~h )NAL PURPOSES ONLY, THE OWNER AND HIS AGENT ASSUME NO RESPONSIBILITY OF ANY CONFLICTS OR DISCREPANCIES BEFORE PERFORMING ANY WORK IN THE FOR THEIR PREPARATION, PREPARATION, COMPLETENESS NOR ACCURATENESS AND THE CONTRACTOR AFFECTED AREA. q MAINTENANCE AND OPERATIONS INSPECTIONS FOR STORM WATER DISCHARGE FACILITY WATER SYSTEM NOTES SANITARY SEWER/RECLAIMED WATER & POTABLE WATER/RECLAIMED WATER SEPARATIONS - 1. PER ARTICLE 41.03(8)(1) CITP OF CLEARWATER CONTRACT SPECIFICATIONS IS FULLY RESPONSIBLE WH ~ ~ RESPONSIBLE WHEN USING SAID SOURCES. THE CONTRACTOR SHOULD ~ ~ 5. THE CONTRACTOR SHALL EXERCISE EXTREME CAUTION IN AREAS OF BURIED ~~`~f)#' 1. ALL SODDED AREAS SHALL BE MOWED AND MAINTAINED PROPERLY. AND STANDARDS, THE DEPTH OF COVER OVER THE WATERMAIN SHALL WHEN THE RECLAIMED WATER LINE IS TRANSPORTING WATER FOR PUBLIC ACCESS IRRIGATION: USE-5UCH INFORMATION OI INFORMATION ONLY AS A GUIDE TO THE SUSPECTED LOCATION OF UTILITIES, AND SHALL PROVIDE AT LEAST 48 HOURS NOTICE TO THE VARIOUS , ,~,`~Y.n.s BE A MINIMUM OF 30" AND A MAXIMUM OF 42" BELOW FINISHED GRADE. UNDERGROUND SERVICES, I 2. UNDER NO CIRCUMSTANCES SHALL THE RETENTION AREA BE FILLED WITH ANY OTHER 2. ALL WATER SYSTEM WORK SHALL CONFORM WITH LOCAL REGU 0 MAXIMUM OBTAINABLE SEPARATION OF RECLAIMED WATER LINES AND DOMESTIC WATER LINES UND SERVICES, INCLUDING BUT NOT LIMITED T0:• UTILITY COMPANIES, IN ORDER TO PERMIT MARKING THE LOCATIONS OF EXISTING UNDERGROUND UTILITIES, IN ADVANCE OF CONSTRUCTION, BY CALLING "SUNSHINE" ~fi ~ SUBSTANCE THAN STORMWATER. LAT RY STANDARDS AND SHALL BE PRACTICED. A MINIMUM HORIZONTAL SEP SPECIFICATIONS. ARATION OF 5 FEET (CENTER TO AT 1-800-432-4770. MINIMUM OF 2 DAYS AND MAXIMUM OF 5 DAYS PRIOR TO THE 3. SWALE AREAS SHALL BE KEPT CLEAN AND FREE OF ANY OBSTRUCTIONS. 3. ALL DUCTILE IRON PIPE SHALL BE CLASS 50 WITH A RATING WATER WORKING CENTER) OR 3 FEET (OUTSIDE TO OUTSIDE) SHAU_ BE MAINTAINED BETWEEN RECWMED START OF CONSTRUCTION THE CONTRACTOR IS RESPONSIBLE FOR CONTACTING ALL `kz~ ~ ~ ~ PRESSURE OF 350 PSI IN ACCORDANCE WITH ANSI A 21.50 WATER LINES AND EITHER POTABLE WATER MAINS OR SANITARY SEWER LINES. AN 18-INCH WATER SUPPLY 4. IF DAMAGE TO THE SYSTEM DOES OCCUR, THE SYSTEM SHALL BE RECONSTRUCTED (AWWA C 150) AND ANSI A 21.31 (AWWA C 151 AND PIPE SHALL RECEIVE VERTICAL SEPARATION SHALL BE MAINTAINED AT CROSSINGS. 'PLY SANITARY SEWER UTILITIES NOT INCLUDED IN THE "SUNSHINE" PROGRAM. i3 ~r~~„~"~~y~~ ~ n IN ACCORDANCE WITH THE APPROVED PLAN. ) STORM SEWER EXTERIOR BITUMINOUS COATING IN ACCORDANCE WITH ANSI A 21.6, 1 21.8 OR A UER NATURAL AND LP GA5 LINES 6. CONTRACTOR IS SOLELY RESPONSIBLE FOR CONSTRUCTION SAFETY. ~ s~ ~ 21.51 AND SHALL BE MORTAR LINED, STANDARD THICKNESS, AND BITUMINOUS WHEN RECLAIMED WATER LINE IS TRANSPORTING WATER FOR NON-PUBLIC ACCESS IRRIGATION, ELECTRICAL POWER OPERATION & MAINTENANCE OF THE STORMWATER SYSTEM SEALED IN ACCORDANCE WITH ANSI A AWWA C 104-71 . IRRIGATION ONES . POWER RECLAIMED WATER SUPPLY SPECIAL PRECAUTIONS MAY BE REQUIRED IN THE VICINITY OF ' ~ ~ i ~ ' • ~ POWER UNES AND OTHER UTILITIES. ~ ' s ~ ~ Q UNES T.V. CABLES ( ) THE RECLAIMED WATER MAIN SHALL BE TREATED UI<E A SANITARY SEWER, AND A 10 FEET HORIZONTAL AND 18 INCH VERTICAL SEPARATION SHALL BE MAINTANED BETWEEN THE RECLAIMED FIBER OPTIC CABLES 7. ALL UNDERGROUND UTILITIES MUST BE IN PLACE AND TESTED AND INSPECTED PRIOR ~ ~ C CABLES TELEPHONE CABLES TO BASE AND SURFACE CONSTRUCTION. >V w 0 THE OWNER SHALL PERIODICALLY MONITOR THE STORMWATER SYSTEM (PIPE CONVEYANCE 4. ALL FTTINGS LARGER THAN 2" SHALL BE DUCTILE IRON CLASS 53 IN ACCORDANCE WATER MAIN AND ALL EXISTING OR PROPOSED POTABLE WATER MtJNS NO MINIMUM SEP ARATION FlRE ALARM SYSTEM CABLE SYSTEM AND RETENTION POND) FOR SILT AND SEDIMENTATION BUILD UP. THE PIPE WITH AWWA C-'i 10 WITH A PRESSURE RATING OF 350 PSI. JOINTS SHALL BE IS REQUIRED BETWEEN THE RECLAIMED WATER MAIN AND SANITARY SEWERS, OTHER THAN THAT d SYSTEM CABLES SECURITY WIRING ~ ® ~ ' CONVEYANCE SYSTEM SHALL BE FLUSHED, AS DEEMED NECESSARY NO LESS THAN TWICE A MECHANICAL JOINTS IN ACCORDANCE WITH AWWA C-111. FITTINGS SHALL BE NECESSARY TO ENSURE STRUCTURAL INTEGRITY AND PROTECTION OF THE LINES THEMSELVES. CONTROL WIRING VIRING SITE UNDERGROUND MECHANICAL g, IT IS THE CONTRACTOR'S RESPONSIBILITY TO BECOME FAMILIAR WITH THE PERMIT ~ ® ~ YEAR. ALL MATERIAL SHALL BE COLLECTED DOWNSTREAM AND REMOVED. THE RETENTION CEMENT MORTAR LINED AND .COATED IN ACCORDANCE WITH AWWA C-104. POND SHALL BE KEPT MOWED AND THE BOTTOM FREE OF DEBRIS. IF WATER STANDS IN SYSTEMS INCLUDING INSULATION AND INSPECTION REQUIREMENTS OF THE VARIOUS GOVERNMENTAL AGENCIES. THE ~,''ua~ ~ ~ rc Q a 5. ALL PVC WATER MAINS 4" THROUGH 12" SHALL BE IN ACCORDANCE WITH AWWA THE POND MORE THAN 48 HOURS THE OWNER SHALL RAKE AND/OR SCARIFY THE POND C-900. PIPE SHALL BE CLASS 150 AND MEET THE REQUIREMENTS OF SDR 18 IN NOTE: WHEN IT IS IMPOSSIBLE TO OBTAIN PROPER HORIZONTAL AND VERTICAL SEPARATIONS CONTRACTOR SHALL OBTAIN All NECESSARY PERMITS PRIOR TO CONSTRUCTION, AND . s ~ ~ ~ W BOTTOM, AS DEEMED NECESSARY AND NO LESS THAN TWICE A YEAR TO RESTORE THE AS S1IPULATED ABOVE, DEP MAY ALLOW DEVIATION ON A CASE-BY-CASE BASIS IF SUPPORTED IT WILL BE THE CONTRACT( PERCOLATION CHARACTERISTICS OFT 0 D ACCORDANCE WITH ASTM D-2241. HE P N . THE OWNER WILL BE RESPONSIBLE TO MAKE BY DATA FROM THE DESIGN ENGINEER. APPROVAL FOR THE DEVIATION MUST BE OBTAINED OF THE UNDERGROUND SEf THE CONTRACTOR'S RESPONSIBILITY TO DETERMINE THE SPECIFlC LOCATION SCHEDULE INSPECTIONS ACCORDING TO AGENCY INSTRUCTION. ~ ~ I~ SURE THAT TO THE BEST OF HIS ABILITY NOTHING ENTERS THE SYSTEM BESIDES n. " PRIOR TO CONSTRUCTION. IDERGROUND SERVICES BY CAREFUL HAND EXCAVATION ONLY UNLESS 9. THE CONTRACTOR SHALL SUBMIT FOR APPROVAL TO THE OWNER'S ENGINEER; SHOP ~m~ ~ ~ ® 9 Q STORMWATER THAT COULD DETERIORATE THE FUNCTIONING CAPABILITIES OF THE SYSTEM, LE. _ 6. WATER MAIN PL LNG OF LESS THAN 4 SHALL BE PER ASTM 02241-89, OTHER MEANS ARE APPROV GASOLINE, OIL, GREASE, CHEMICALS, ETC. " WORK. THE CONTRACTOR sNS ARE APPROVED BY ARCHITECT AND OWNER BEFORE BEGINNING THE DRAWINGS ON ALL PRECAST AND MANUFACTURED ITEMS FOR THIS SITE. J FAILURE TO OBTAIN APPROVAL BEFORE INSTALLATION MAY RESULT IN REMOVAL AND IE CONTRACTOR SHALL REPLACE OR REPAIR, PER SPECIFICATIONS, ANY ~ V ~ 7. ALL FTTINGS 2 AiJD SMALLER SHALL BE SCHEDULE 40 PVC WITH SOLVENT WELDED GRADING AND DRAINAGE NOTES A SLEEVE TYPE JOINTS. ND ALL DAMAGED UNDERG REPLACEMENT AT THE CONTRACTOR'S EXPENSE. ALL SHOP DRAWINGS ARE TO BE ~ AMAGED UNDERGROUND SERVICES AS LISTED ABOVE AT NO ADDITIONAL REVIEWED AND APPROVED BY THE CONTRACTOR PRIOR TO SUBMITTAL TO THE ~36 ~ o J THE POND UNDERDRAIN SYSTEM SHALL BE INSPECTED ANNUALLY AND RETROFITTED AND 1. ALL DELETERIOUS SUBSTANCE MATERIAL LE. MUCK PEAT BURT D D B COST TO THE OWNER. HE OWNER. OWNER'S ENGINEER. ~ ~O,V FLUSHED SEMI-ANNUALLY. CLOGGED OR SPENT FILTER MATERIAL SHALL BE DISPOSED OF IN 8. ALL GATE VALVES 2" OR LARGER SHALL BE RESIDENT SEAT OR RESIDENT WEDGE ~ ( ~ ~ E E RIS), IS ALL MANNERS AS WITH THE HANDLING OF HAZARDOUS WASTE. THE SPENT FlLTER MATERIAL MEETING THE REQUIREMENTS OF AWWA C509. TO BE EXCAVATED IN ACCORDANCE WITH THESE PLANS, OR AS DIRECTED BY THE 10. AT LEAST THREE (3) WORKING DAYS PRIOR TO CONSTRUCTION, THE CONTRACTOR OWNER'S ENGINEER, OR OWNER'S SOIL TESTING COMPANY. DELETERIOUS MATERIAL SHALL BE DISPOSED OF IN A PERMITTED FACILITY. IS TO BE STOCKPILED OR REMOVED FROM THE SITE AS DIRECTED 8Y THE OWNER. SHALL NOTIFY THE ENGINEER AND APPROPRIATE AGENCIES, AND SUPPLY THEM WIThI ~ ~ r• 9. ALL FIRE HYDRANTS SHALL MEET THE CITY OF CLEARWATER STANDARDS EXCAVATED AREAS ARE TO BE BACKFlLLED WITH APPROVED MATERIALS AND EROSION AND SILTATION CONTROL NOTES AND SPECIFIC~iiIONS. ALL REQUIRED SHOP DRAWINGS, THE CONTRACTOR'S NAME, STARTING DATE, ~d ~ ` t, PROJECTED SCHEDULE, AND OTHER INFORMATION AS REQUIRED. ANY WORK ~ a ` ~ ' ~ ` ~ COMPACTED AS SHOWN ON THESE PLANS. 10. THE CONTRACTOR IS TO INSTALL TEMPORARY BLOW-OFFS AT THE END Of WATER PERFORMED PRIOR TO NOTIFYING THE ENGINEER, OR WITHOUT AGENCY INSPECTOR , 1. SEDIMENT TRAPPING MEASURES: SEDIMENT BASINS AND TRAPS, PERIMETER BERMS, SERVICE LATER:?LS TO ASSURE ADEQUATE FLUSHING AND DISINFECTION. 2. THE CONTRACTOR SHALL BE RESPONSIBLE FOR PROTECTING EXCAVATING AGAINST FlLTER FENCES, BERMS, SEDIMENT BARRIERS, VEGETATVE BUFFERS AND OTHER COLLAPSE AND WILL PROVIDE BRACING, SHEETING, OR SHORING, AS NECESSARY. PRESENT, MAY BE SUBJECT TO REMOVAL AND REPLACEMENT AT THE CONTRACTOR'S w ' EXPENSE.. ~®~~'I.. 0464 MEASURES INTENDED TO TRAP SEDIMENT AND/OR PREVENT THE TRANSPORT OF 11: PER ARTICLE 20, CITY OF CLEARWATER CONTRACT SPECIFICATIONS AND STANDARDS, TRENCHES SHALL BE KEPT DRY WHILE PIPE AND APPURTENANCES ARE BEING 11. BACKFILL MATERIAL SHALL BE SOLIDLY TAMPED AROUND PIPES IN 6" LAYERS UP SEDIMENT ONTO ADJACENT PROPERTIES, OR INTO EXISTING WATER BODIES, MUST BE D.LP. WATER MAINS TO BE INTERIOR POLYDNED IN ACCORDANCE WITH THE PLACED, DEWATERING SHALL BE USED AS REQUIRED. INSTALLED, CONSTRUCTED OR, IN THE CASE OF VEGETATIVE BUFFERS, PROTECTED MANUFACTURERS RECOMMENDATIONS. TO A LEVEL OF AT LEAST ONE FOOT ABOVE THE TOP OF THE PIPE. IN AREAS TO 12. MATERIALS AND CONSTRUCT 0 - I N METHODS FOR WATER DISTRIBUTION SYSTEM SH 3. ALL STORM SEWER PIPE SHALL BE REINFORCED CONCRETE FROM DISTURBANCE, AS A FIRST STEP IN THE LAND ALTERATION PROCESS. SUCH ALL. CLASS III (ASTM C 76) 1. TRENCH EXCAVATION BE PAVED, BACKFILL SHALL BE COMPACTED TO 100% MAXIMUM DENSITY AS ~PaL",n ~y. B•~•V• EXCAVATION DETERMINED BY AASHTO T-99. SYSTEMS SHALL BE FULLY OPERATIVE AND INSPECTED BY THE ENGINEER BEFORE BE IN ACCORDANCE WITH. THE LOCAL REGULATORY AGENCY CODES. UNLESS OTHERWISE NOTED ON PLANS. - INCLUDE OSHA STANDA )E OSHA STANDARD 29 CFR, SECTION 1926.650 SUBPART P, WHICH IS 12. SITE WORK CONCRETE SHALL HAVE A COMPRESSIVE STRENGTH OF AT LEAST 3,000 c(1~CE1~d ~y. H.G. • ANY OTHER DISTURBANCE OF THE SITE BEGINS. " ~ 13. THE IRRIGATION SYSTEM SHALL HAVE COLOR PIPING AND LABELING ON THE 4. PVC STORM PIPE, t2 AND SMALLER SHALL CONFORM TO AVANA C-900, CLASS 150 NOW A PART OF LAW.. 2. PROTECTION OF EXISTING STORM SEWER SYSTEMS: DURING CONSTRUCTION, ALL PIPE TU INSURE DIFFERENTIATION FROM POTABLE WATER PIPING. STANDARDS, UNLESS OTHERWISE NOTED. -THE CONTRACTOR SHAT A PART OF LAWS OF FLORIDA CHAPTER 90-96. P.S.I. IN 28 LAYS, UNLESS OTHERWISE NOTED. N' STORM SEWER INLETS IN THE VICINITY OF THE PROJECT SHALL BE PROTECTED BY WITH THIS LAW. ONTRACTOR SHALL PROVIDE WRITTEN ASSURANCE OF COMPLIANCE THIS LAW. 13. ALL PRIVATE AND PUBLIC PROPERTY AFFECTED BY THE WORK SHALL BE RESTORED SEDIMENT TRAPS SUCH AS SECURED HAY BALES, 500, STONE, ETC., WHICH SHALL BE 5. ALL DRAINAGE STRUCTURE GRATES AND COVERS WITHIN TRAFFIC AREAS SHALL BE 'ABATE COST ITEM IDENTIFIING THE COST OF COMPLIANCE. TO A,l;.ONOlTION EQUAL TO OR BETTER THAN EXISTING CONDITIONS UNLESS ®~t~. O9I30I04 MAINTAINED AND MODIFIED AS REQUIRED BY CONSTRUCTION PROGRESS ND TRAFFIC RATED FOR H-20 LOADINGS. _ A SEPARATE COST ITE! A WHICH WATER SYS S ®~~l TESTING AND INSPECTION REQUIREMENTS A TRENCH SAFETY SYS MU5T BE APPROVED BY THE ENGINEER BEFORE INSTALLATION. APPROVED BY THE EN NCH SAFETY SYSTEM SHALL BE DESIGNED BY THE CONTRACTOR, AND SPECIFICAC.LY EXEMPTED BY THE PLANS. ADDITIONAL COSTS ARE INCIDENTAL TO )VED BY THE ENGINEER. OTHER CONSTRUCTION AND NO EXTRA COMPENSATION IS TO BE ALLOWED. 6. THE CONTRACTOR IS TO SOD THE RETENTION/DETENTION POh~, A5 INDICATED ON 3. SEDIMENTATION BASIN:. THE CONTRACTOR WILL BE REQUIRED TO PROHIBIT DISCHARGE PLANS WITHIN ONE WEEK OLEO I ~ 2. ALL RETENTION AREAS ~ F WNG CONSTRUCTION OF THE FOND. ENTION AREAS, STORM SEWER PIPING, STORM SEWER STRUCTURES, ETC. '~~99~9®~~, OF SILT THROUGH THE'OUTFA~~ STRUCTURE DURING CONSTRUCTION OF ANY RETENTION 1.. ALL COMPONENTS OF THE WATER SYSTEM, INCLUDING FITTINGS, HYDRANTS, MUST BE IN PLACE AS F L IN PLACE AS PART OF THE FIRST PHASE OF CONSTRUCTION. 14. ALL DISTLRBED AREAS WHICH ARE NOT TO BE SODDED, ARE TO BE SEEDED AND No. Date DesCri tion AREA AND WILL BE REQUIRED TO CLEAN OUT THE RETENTION AREA BEFORE INSTALDNG CONNECTIONt r•`~iU VALVES SHALL REMAIN UNCOVERED UNTiL PROPERLY PRESSURE 7. MATERIALS AND .CONSTRUCTION METHODS FOR STREETS AND STORM DRAINAGE IT IS THE RESPONSIBWTI ' ANY PERMANENT SUBDRAIN PIPE. ' IN ADDITION, PERMANENT RETENTION AREAS MUST TESTED ANO ACCEPTED BY THE OWNER'S ENGINEER. PRESSURE TESTS TO BE IN CONSTRUCTION SHALL BE IN ACCORDANCE WITH THE LOCAL RL•'GULATORY AGENCY. DRAINAGE THROUGHOUT f RESPONSIBWTY OF THE CONTRACTOR TO ACCOMMODATE POSITIVE MULCHED TD DOT STANDARDS, AND MAINTAINED UNTIL A SATISFACTORY STAND OF n THROUGHOUT CONSTRUCTION TO AVOID FLOODING OF THE ADJACENT GRASS, ACCEPTABLE TO THE REGULATORY AGENCY AND ENGINEER OF RECORD, HAVE / 1 BE TOTALLY CLEANED OUT AND OPERATE PROPERLY AT FINAL INSPECTION AND AT ACCORDANCE :WITH. WATER DEPARTMENT SPECIFCATIONS. CONTRACTOR TO NOTIFY PROPERTIES. ANY FLO01 TES. ANY FLOODING THAT MAY OCCUR DUE TO HIS WORK WILL BE BEEN OBT';(NED. ANY WASHOUTS, REGRADING, RESEEDING,' AND GRASSING WORK, THE END OF THE WARRANTY. PERIOD. OWNER'S ~`Gi~1cEf1`"AND WATER DEPARTMENT INSPECTORS 48 HOURS IN ADVANCE OF 8. ALL STORM STRUCTURES SHALL BE GROUTED TO"THE INVERT THE SOLE RESPONSIBIDT PERFORTrt~NG T%siS. ELEVATIONS} OF THE STORM PIPES(S}. E RESPONSIBILITY OF THE CONTRACTOR AND OTHER EROSION WORK REQUIRED, WILL 8E PERFORMED BY THE CONTRACTOR, 4. SWALES, DITCHES AND CHANNELS: ALL SWALES, DITCHES AND CHANNELS LEADING STORM PIPE SHALL BE SAW-CUT EVEN WITH THE STRUCTURE WALL(S). 3. THE USE OF ELECTRONIC FROM THE SITE SHALL BE SODDED WITHIN (3) DAYS OF EXCAVATION. ALL OTHER 2. NEW WATEF~ MAINS GROUT AROUND PIPES FOR WATER TIGHT AND SMOOTH FINISH, PURPOSES ONLY AND Ni OF ELECTRONICALLY STORED DATA IS INTENDED FOR INFORMATIONAL AT HIS 1 EX('ENSE, UNTIL THE SYSTEM IS ACCEPTED FOR MAINTENANCE, BY THE REGUI, ,u,,,AGENCY AND ENGINEER OF RECORD. ES ONLY AND NOT TO BE USED FOR CONSTRUCTION. CONTRACTOR ~ _ ' INTERIOR SWALES, ETC., INCLUDING DETENTION AREAS WILL BE SODDED PRIOR TO MUST UTIDZE SIGNED AP 11UZE SIGNED AND SEALED DOCUMENTS FOR CONSTRUCTION. 15. THc SOILS. ENGINEER IS TO SUPPLY THE ENGINEER WITH A PHOTOCOPY OF ALL ISSU"ONCE of A CERTIFlCATE OF OCCUPANCY. AFTER r,OMPLETIUN OF INSTALLATION OF NEW WATER MAINS, PRESSURE TESTING SHALL 5. PROTECTION AND STABIDZATION OF SOI S 0 BE PERFORMED IN ACCORDANCE WITH THE LOCAL JURISDICTION WATER SYSTEM COMPACTION TESTS, AND ASPHALT RESULTS. THE SOILS ENGINEER IS TO CERTIFY L T CKPILES: FlLL MATERIAL STOCKPILES D PAVING, GRADING A DRAINAGE TESTING Ai~D INSPfe:CT10N REQUIREMENTS SHALL BE PROTECTED AT ALL TIMES BY ON-SITE. DRAINAGE .CONTROLS WHICH .STAN ARDS AND .SPECIFICATIONS. CONTRACTOR TO PERFORM CHLORINATION. TO THE EIJ ~INEER OF RECORD, IN WRITING, THAT ALL TEST{NG REQUIREMENTS, REQUIREOyBY THE LOCAL REGULATORY AGENCY, AND THE FLORIDA DEPARTMENT OF n I PREVENT EROSION OF THE STOCKPILED MATERIAL. CONTROL OF DUST FROM SUCH SAMPLING OF NEW WATER MAINS SHALL CONFORM WITH COUNTY PUBLIC HEALTH UNIT TRANSPORTATION- (FOOT), FOR THE IMPROVEMENTS, AS REQUIRED BY THE ~ STOCKPILED MATERIAL, .MAY BE REQUIRED,' DEPENDING UPON THEIR LOCATION AND THE REQUIREMENTS AIdD RESU 1. THE STORM DRAINAGE PIPING AND FlLTR,A110N SYSTEM SHALL, BE SUBJECT TO A .EXPECTED LENGTH -0F TIME THE STOCKPILES WILL BE PRESENT. IN N0 CAS S LTS FORWARDED TO THE ENGINEER. UNDER NO CIRCUMSTANCES VISUAL INSPECTiO BY 0 ' E HALL S N THE WNER S SOILS ENGINEER PRI01; TO THE PLACEMENT OF ENGINEERING CONSTRUCTION DRAWINGS, HAVE BEEN SATISFIED. UNSTABILIZED STOCKPILE REMAIN AFTER THIRTY. (30) CALENDAR DAYS. HALL A NEW WATER SYSTEM BE PLACED INTO SERVICE UNTIL CERTIFlCATION Bl' THE BACKFILL. 16. THE COp;TRACTOR SHALL MAINTAIN A COPY OF THE APPROVED PLANS AND PERMITS ENGINEER HAS BEEN COMPLETED AND A RELEASE FROM COUNTY PUBLIC HEALTH UNIT 6. MAINTENANCE: ALL EROSION AND SILTATION CONTROL DEVICES SHALL BE CHECKED , _ 2. THE CONTRACTOR SHALL MAINTAIN THE STORM DRAINAGE SYSTEMS UNTIL FINAL AT THE CONSTRUCTION SITE. I REGULARLY, ESPECIALLY AFTER EACH RAINFALL AND WILL BE CLEANED OUT HAS BEEN ISSJtU. ACCEPTANCE OF THE PROJECT. AND/OR REPAIRED AS REQUIRED. 17. THESE DRAWINGS MAY NOT INCLUDE NECESSARY COMPONENTS FOR CONSTRUCTION ~ - 3. THE CONTRACTOR IS RESPONSIBLE FOR COORDINATING THE APPLICABLE TESTING WITH THE SOILS ENGINEER. TESTS WILL BE REQUIRED PURSUANT WITH THE SAFETY. THE CONTRACTOR IS SOLELY RESPONSIBLE FOR MEANS AND METHODS FOR ) .CONSTRUCTION SITE SAFETY. Q / FILTER MEDIUM SPECIFICATIONS SANITARY SEVPER NOTES r• • TESTING SCHEDULE FOUND IN THE ENGINEERING CONSTRUCTION DRAWINGS. UPON 18. ALL SODDING, SEEDING AND MULCHING SHALL INCLUDE WATERING AND W COMPLETION OF THE WORK, THE SOILS ENGINEER MUST SUBMIT CERTIFICATIONS TO THE FILTER SAND SHALL BE WASHED MATERIAL MEETING F.D.O.T. ROAD AND BRIDGE 1. ALL SANITARY SEWER MAINS & LATERAL SHALL HAVE A MINIMUM OF 36 INCHES OF THE OWNER'S ENGINEER STATING THAT ALL REQUIREMENTS HAVE BEEN MET. FERTILIZATION. THE CONTRACTOR SHALL BE RESPONSIBLE FOR MAINTAINING TFIESE ' SPECIFICATIONS FOR SILICA SAND AND QUARTZ GRAVELS OR MIXTURES THEREOF LESS COVER. _ THAN ONE (1) PERCENT SILT, CLAY AND ORGANIC MATTER), UNLESS FILTER CLOTH IS AREAS UNTIL THE PROJECT IS COMPLETED AND ACCEPTED BY THE OWNER. _ ~ USED WHICH 15 SUITABLE TO RETAIN THE SILT, CLAY AND ORGANIC MATTER WITHIN THE 2. ALL SANITARY SEWER MAINS & SERVICE LATERALS SHALL BE CONSTRUCTED OF PAVING NOTES 19. ALL PIPE LENGTHS ARE PLUS OR MINUS. PIPE MEASUREMENTS ARE CENTER TO j FILTER; CALCIUM CARBONATE AGGREGATE IS NOT AN ACCEPTABLE SUBSTITUTE; AND HAVE POLYVINYL CHLORIDE PIPE, SDR 35 OR AS OTHERWISE INDICATED ON THE AN EFFECTNE GRAIN SIZE OF 0.20 TO 0.55 MILOMETERS IN DIAMETER; A UNIFORMITY CONSTRUCTION DRAWINGS. 1. PRIOR TO CONSTRUCTING CONCRETE PAVEMENT, THE CONTRACTOR 15 TO SUBMIT A CENTER OF STRUCTURES OR .FITTINGS. PIPE MEASUREMENTS FOR MITERED END COEFFICIENT OF 1.5 OR GREATER. PROPOSED JOINTING PATTERN TO THE OWNER'S ENGINEER FOR APPROVAL. SECTIONS ARE TO THE END OF PIPE. Fq RATE OF 0.125 CM SEC. OR GREATER. IF THE PERMEABILITY RATE OF THE FlL 3. ALL SANITARY SEWER WORK SHALL CONFORM WITH LOCAL REGULATORY STANDARDS " / TER AND SPECIFCATIONS. 2. THE CONTRACTOR IS TO PROVIDE A 1 2 BITUMINOUS EXPANSION JOINT MATERIAL / SAND IS LESS THAN 0.125 CM/SEC. A REPLACEMENT OF THE FlLTER SYSTEM WILL WITH SEALER, AT ABUTMENT OF CONCRETE AND ANY STRUCTURE. 1 e u d 1 ~ _ 20. EXISTING PAVEMENT SHALL BE SAW-CUT WhIERE NEW PAVEMENT IS TO BE ADDED Y BE REQUIRED AT THE CONTRACTORS EXPENSE. THE CONTRACTOR SHALL HAVE THE 4. PRIOR TO COMMENCING WORK WHICH REQUIRES CONNECTING NEW WORK TO EXISTING OR EXISTING PAVEMENT TO BE ELIMINATED. ~ ~4a SAND TESTED AND APPROVED BY THE ENGINEER PRIOR TO INSTALLAITON: IT IS LINES OR APPURTENANCES, THE CONTRACTOR SHALL VERIFY LOCATION AND ' 3. ALL PAVEMENT MARKINGS SHALL BE MADE WITH TRAFFIC PAINT IN ACCORDANCE RECOMMENDED THAT .THE CONTRACTOR HAVE THE FILTER SAND TESTED AND APPROVED. ELEVATION OF EXISTING CONNECTION POINT AND NOTIFY OWNER'S TO FOOT STANDARD SPECIFlCAl10NS 971-12. PARKING STAR STRIPING 21. ADJUSTMENTS OF INLETS, JUNCTION BOXES, MANHOLE TOPS, WATER VALVES, WATER i• I ENGINEER OF TO BE 4" WIDE PAINTED WHITE STRIPES. ANY CONFLICTS OR DISCREPANCIES. METERS, ETC., SHALL BE INCLUDED IN THE CONTRACTOR'S BID AND NO CLAIM ~ ~ ~ ~ ~ 5 2, THE PERFORATED PIPE SHALL CONSIST OF POLYVINYL CHLORIDE PVC CONFORMING TO ASTM D 3033, HAVE MINIMUM OF SIXTEEN (16) 3/8 INCH DIAM ER ERFORATIONS 5.: PVC PIPE AND FITTINGS SHALL CONFORM TO ASTM SPECIFICATIONS DESIGNATION 4• THE CONTRACTOR IS TO INSTALL EXTRA BASE MATERIAL WHEN THE DISTANCE SHALL BE MADE AGAINST THE OWNER OR ENGINEER FOR THESE ADJUSTMENTS, ~ ' IF REQUIRED, P~e~~'.rysl °t~ ~~`,G ~'I ~~r ' PER LINEAR FOOT OF PIPE AND BE ON THE BOTTOM 135' OF THE PIPE. D-3034-77C, MA SDR 35. INSTALLATION OF SDR 35 PIPE SHALL BE IN STRICT BETWEEN THE .PAVEMENT ELEVATION AND THE TOP OF THE PIPE OR BELL IS LESS 22. ALL BACKFILL OVER ANY PIPE (STORM SEWER, SANITARY SEWER, OR WATERLINES) C~~~ ( ' ~~+m6~~ c r. ACCORDANCE WITH THE REQUIREMENTS OF ASTM SPECIFICATION SECTION 02321. THAN TWELVE (12) INCHES: 3. THE CONTRACTOR SHALL PROVIDE DEWAIERING MEASURES AS REQUIRED DURING ALL SANITARY SEWER PIPELINES SHALL BE SOLID GREEN IN COLOR. " THAT 15 INSTALLED UNDER ROADWAYS OR WITHIN THE EMBANKMENT OF THE ROADWAY, I THE INSTALLATION OF THE UNDERDRAIN AND ALL OF ITS COMPONENTS. 5. STANDARD INDEXES REFER TO THE LATEST EDITION OF FOOT ROADWAY AND SHALL BE COMPACTED IN ACCORDANCE WITH F.D.O.T. STANDARD SPECIFICATIONS, 6. ALL PVC FORCE MAINS SHALL BE CLASS 2000, SDR 21, COLOR GREEN, WITH A TRAFFC DESIGN STANDARDS." 4. THE CONTRACTOR SHALL NOT BACKFILL THE DRAIN PIPE UNTIL THE ENGINEER HAS " VERIFIED AND. APPROVED THE DRAIN PIPE GRADES AND INSTALLATION OF FILTER MEDIA. GREEN MAGNETIC TAPE A MINIMUM OF 2 WIDE, PLACED 1 FOOT BELOW THE SECTION 125-8.3, LATEST EDITION. PROPOSED GRADE. THE PRINTING ON THE MAGNETIC TAPE SHOULD READ 6. PAVEMENT IN THE PROPERTY SHALL CONSIST OF 1-1/2" ASPHALT, 23. THE CONTRACTOR PERFORMING TRENCH EXCAVATION, IN EXCESS OF 5' FEET IN DEPTH, 5, SWFWMD REQUIRES AS-BUILT CERTIFlCA110N BY THE ENGINEER FOR THIS FILTER SYSTEM. "FORCEMAIN". TYPE S-3, ON 6" LIMEROCK BASE COMPACTED TO 98~ OF TEST REPORTS FROM AN APPROVED LABORATORY ON GRADUATION AND PERMEABILTY MAXIMUM DENSITY ON SUB-BASE COMPACTED TO 98% OF M SHALL COMPLY WITH -THE OCCUPATIONAL SAFEfI' AND HEALTH ADMINISTRATION'S , SHALL BE INCLUDED IN 111E AS-BUILT SUBMITTAL 7. ALL DUCTILE IRON PIPE SHALL BE CLASS 52 IN ACCORDANCE WITH ANSI A 21.50 ~ AXIMUM (OSHA) TRENCH EXCAVATION SAFETY STANDARDS, 29 C.F.R., S.1926.650, SUBPART P, INCLUDING ALL SUBSEQUENT REVISIONS OR UPDATES TO THE STANDARDS AS ~ ~ ~ I , (AWWA C 150) AND ANSI A2t.51 AWWA C 151. DUCTILE IRON PIPE SHALL DENSITY PER AASHTO T-180. ( ) , RECEIVE INTERIOR AND EXTERIOR BITUMINOUS COATING IN ACCORDANCE WITH ANSI ADOPTED BY THE DEPARTMENT OF LABOR AND EMPLOYMENT SECURITY IDLES). 1 A21.6,A21.8,ORA21.51. " 7. PAVEMENT IN R.O.W. SHALL CONSIST OF 2 ASPHALT, TYPE S-1 CLEARING AND GRUBBING NOTES " u 24. CONTRACTOR TO COORDINATE THE POINTS OF CONNECTIONS OF THE UTILITIES WITH 8. ALL SANITARY SEWER GRAVITY MAINS OR SANITARY SEWER FORCEMAINS THAT ON 8 LIMEROCK BASE COMPACTED TO 98% OF MAXIMUM DENSITY, DIFFERENT SUBS. SITE CONTRACTOR TO CONSTRUCT THE UNDERGROUND INFRASTRUCTURES ~ REQUIRE D.LP. ARE TO BE POLYLINED OR EPOXY DNED. ON 10-1/2" SUB-BASE STABILIZED TO 40 l9R AND COMPACTED TO 1. PRIOR TO ANY SITE CLEARING, ALL TREES SHOWN TO REMAIN ON 111E CONSTRUCTION 98~ OF MAXIMUM DENSITY PER i.e. SANITARY SEWER, STORM SEWER, WATER LINES, FIRE UNES, ETC., TO 5' OUTSIDE AASHTO T-180. PLANS SHALL BE PROTECTED IN ACCORDANCE WITH THE .LOCAL REGULATORY AGENCY S 9. ALL SANITARY SEWER COVERS SHALL BE TRAFFlC RATED FOR H-20 LOADING. TREE ORDINANCE AND DETAILS CONTAINED IN THESE PLANS. IT SHALL BE THE OF THE BLDG(S). THE PLUMBING CONTRACTOR TO CONNECT AND MEET THE INVERT ~ ~ M CONTRACTOR'S RESPONSIBILITY TO MAINTAIN THESE TREES IN GOOD CONDI110N. NO ELEVATIONS OF THE SAID UTILITIES. ANY UTILITY WORK PERFORMED WITHIN 5' OF THE ~ ~ M BLDG. SHALL BE THE RESPONSIBILITY OF THE PLUMBING CONTRACTOR. ALL WORK TREES SHOWN TO REMAIN SHALL BE REMOVED WITHOUT WRITTEN APPROVAL FROM THE owNER. SANITARY SEWER TESTING AND INSPECTION REQUIREMENTS SHALL COMPLY WITH AU_ APPLICABLE FEDERAL, STATE, AND LOCAL CODES, ~ ~ ® ~ 2. THE CONTRACTOR IS TO PREPARE THE SITE PRIOR TO BEGINNING ACTUAL ORDINANCES AND REQUIREMENTS. rte! I,~., CONSTRUCTION IN ACCORDANCE, WITH THE SOILS TESTING REPORT. COPIES OF THE 1. ALL GRAVITY SEWER PIPING SHALL BE SUBJECT TO A TELEVISION INSPECTION BY 25. ALL WORK SHALL BE PERFORMED AND FINISHED IN A WORKMANLIKE MANNER TO ~ ' ~ ~ ~ SOILS REPORT ARE AVAILABLE THROUGH THE OWNER OR THE OWNER'S CONTRACTOR. • CONTRACTOR TO NO11FY THE ENGINEER 48 HOURS IN THE SOILS TESTING ~ ADVANCE TO SCHEDULE INSPEC110N. COMPANY. QUESTIONS REGARDING SITE PREPARATION REQUIREMENI~S DESCRIBED IN COMPLETE SAI1SFACTION OF THE ARCHITECT/ENGINEER IN ACCORDANCE WITH Q o I THE'SOILS REPORT ARE TO BE DIRECTED TO THE SOILS TESTING COMPANY. THE BEST RECOGNIZED TRADE PRACTICES. ~ J 2. THE CONTRACTOR SHALL PERFORM AN EXFlLTRA170N TEST ON ALL GRAVITY SEWERS INSTALLED IN ACCORDANCE WITH THE REGULATION AGENCY HAVING JURISDIC110N. 26. DEVIATIONS TO THESE PLANS AND SPECIFCATIONS WITHOUT CONSENT OF THE ENGINEER ~ 3. THE CONTRACTOR SHALL CLEAR AND GRUB, ONLY THOSE POR110NS OF THE SITE, MAXIMUM ALLOWABLE LEAKAGE RATE: 100 GPD PER INCH PIPE DIAMETER PER MILE. NECESSARY FOR CONSTRUCITON. DISTURBED AREAS WILL BE SEEDED, MULCHED, OR TEST RESULTS ARE TO BE SUBMITTED TO THE REGULATORY AGENCY FOR APPROVAL MAY BE CAUSE FOR THE WORK.'TO 8E UNACCEPTABLE. DEVIATIONS SHALL RECEIVE ~ W WRITTEN APPROVAL FROM THE .ENGINEER. ~ ~ PLANTED WITH OTHER APPROVED LANDSCAPE MATERIAL IMMEDIATELY FOLLOWING COORDINAl10N AND N011FICATION OF ALL PARTIES IS THE CO ' NTRACTOR S CONSTRUCTION. RESPONSIBILITY. 27. SIGNS, BUFFER WALLS & FENCES ARE SUBJECT TO SEPARATE SUBMITTAL(S) AND ~ ~ •4. THE TOP 4" TO 6" OF GROUND REMOVED DURING CLEARING AND GRUBBING SH ~ 3. ALL FO ALL BE RCE MAINS SHALL BE SUBJECT TO A HYDROSTATIC PRESSURE TEST IN PERMITTING. DEVIATIONS SHALL RECEIVE WRITTEN APPROVAL FROM THE ENGINEER. ~ ~ ' ~ ~ STOCKPILED AT A SITE DESIGNATED BY 111E OWNER TO BE USED .FOR LANDSCAPING ACCORDANCE WITH THE REGULATORY AGENCY HAVING JURISDICTION. SAID TESTS PURP05ES, UNLESS OTHERWISE DIRECTED. BY THE OWNER. ARE TO BE CREATED BY THE ENGINEER OF RECORD AND SUBMITTED TO THE ® ~ ~ , REGULATORY AGENCY FOR APPROVAL COORDINATION AND NOIIFlCATION OF ALL PARTIES IS THE CONTRACTOR'S RESPONSIBILITY. ®J c~ v 11TATER/SEWER CLEARANCE REQUIREMENTS VERTICAL CLEARANCE AT CROSSINGS THIS DRAWING IS AN INSTRUMENT OF SERVICE AND SHALL REMAIN THE PROPERTY OF THE ENGINEER, AND SHALL NOT BE REPRODUCED, PUBLISHED OR' USED IN ANY WAY WITHOUT THE CONSENT OF THE ENGINEER. (9)COPYRIGHT 2004 NOT PUBLISHED GRAVITY SEWERS OR FORCE MAINS CROSSING UNDER WATER MAINS SHALL BE LAID TO PROVIDE A MINIMUM VERTICAL DISTANCE OF 18 INCHES BETWEEN THE INVERT OF THE UPPER PIPE AND THE CROWN OF THE LOWER PIPE. THE CROSSING SHALL BE ARRANGED SO THAT THE SEWER MAR 0 9 2l10 k JOINTS AND WATER JOINTS WILL BE EQUAL DISTANT FROM THE POINT OF CROSSING WITH NO LESS THAN 10 FEET BETWEEN ANY TWO JOINTS. WHERE THE MINIMUM 18 INCH SEPARATION m CANNOT BE MAINTAINED, ONE OF THE FOLLOWING METHODS OF PROTECTION SHALL BE 2 RAMANUJACHARI KANNAN P.E. 38688 i UTILIZED: COPIES OF THESE PLANS ARE NOT VAUD UNLESS EMBOSSED WITH THE SIGNING ENGINEER'S SEAL I i ' j ® rv~ i 00 !p ,s r V - , ~ ~ z ~ ~ I ~ O No ~ ~ ~ • i Q ~g 4 ~ ~W .t. ' e. r , ~ N W ® Ng j i ~ N ~ ~ ~ ~ 5.4 ~~F ~ k. P WAY ( ) I WATER 3' , ~ a• ?<f..• . ~ ~ .n 86 s. ~•.o I I r y,,Q 5 7 f ~ - , t 9 / ` ~ 1 4 G~ nS 9 , ~p0 ` ~ ~ i - ~ ~ ~ ' i 1' ~ 4,9 0 ` 5.7 p`!, I ~ 7 ~QE o ~ ~ ~ EQpp ' ~ ~ ~ ~ Q• 10 o L ppd~~ W rr ~yo ~ , o ~ ~F ~0 oL_.. I _ ~ ~ 5.72 F~hp~ ~ ~f- ;I Z ~ ~ ~ _ ~ L ~ ~ 3 STORY CONDOMINIUM aP ~ z ~ ~ ~ 1 0 _ a ~ _ L L L s.o LLF.EL - 6.44 577 ~ ~ LL-I.~LLLL ~ ~z~z=zzs ~ W ~ ` ~ i i ~ ~ 4 f~ ~ ~ Y ~ , ; - ~.-~STQR~' . ASQNR~Y F~UIL~11N~ ~ ~io" DEMOLITION NOTES ~ , t 0 log, ~ s 0 4 o L ~ ~ F.L. ~4~ L ~ ~ ~ , ~ ~ o• •A # ry - ~L.LLI._~~~ LEQ~~p DEMOLITION OF THE SITE INCLUDES t ~ ~ ~ ~ THE REMOVAL/RELOCATION OF ~ ~ ~ ~~..f ~ .....,~~~LL _LL~L.I ..L.~~~L REMOVE: .ALL EXISTING STRUCTURES WITHIN ~ ® ~ ~ ~ :.r - ~ ~o ^ ~ . ~ Qtin . PROJECT AREA, PAVING AND ~ „b' ~ ~ 'o BASE, UTILITY LINES (SANITARY Q - r I ter....: 1 4 caricRErE SEWER, STORM PIPES, WATER ~3~ ~ 0 ~ *-y ~ LINES, POWER POLES, OVERHEAD ~ ~ v ' ~ AND UNDERGROUND POWER AND ' I~sPH. & BASE TELEPHONE CABLES, GAS LINES, ` LLLLLLI_I_I_LLLLLLL TREES, SHRUBS, ETC.) AND IS LL L LL I_L.LLLLL L L L I_ ~ I Ili i I i J I L I I_LLLLLLLLLLLLU_L NOT LIMITED TO WHAT'S SHOWN. ~ N a , 4 61 BUILDING Q,, Q ~ , 5.88 _ ~.C®mm.; ; 0464 4 I• ~ V N M N b ` 4. ~f k O~ V - _ ~ - _ : a~a~?aD By: B.J.V. ` 3 I I QP C(IRD . WOOD DECKS Q p PAD ip' ~ I I~ I ~ •a//, ~o 2 r , ~ \ m G~~~:c~~d By: H.G. Q ~ 7 • 5 ' i >I ~ _ .f,~' ~ 4.94 ~ ~ ~ 4 1 REMOVE CONCRETE PADS AND CONCRETE WALKS TO THE - Q` ••~•..CpN SOD EDyCE ha6~ "a ~ \ ~ NEAREST EXPANSION JOINT. b ~ 20 RE,~~OVE ASPHALT AND BASE. ~~~~@~ ®a$e: 09~30104~ ~ • 4 ~r4, a a93 . V I II I 3~ REttAOVE EXISTING STRUCTURE AND FOOTING. ~ fi ~ ~ ~ srn ° * ®REMOVE/RELOCATE TREE. ~ No. Date Descri tion ` ~ ~ \ ` W ~ ^ - 6' ~ II ~f` 24'~ SANITARY MANHOiE RIM E1E ~ ~ ~ 5? REMOVE WOODEN DECK MANHOLE RIM E1EV. 5.51' nn ' ~ ' - ~ I_ ~ L ~ L L ~ L. L ~oF" J I,~c EX. 6" INV. NOR]'H 6" CLAY PIPE E fr' W ! I _ . _c~. 6.3 5.66 Q ...I~ , ~ .A , ~ INV. SOUTHEAST 8" CLOY Pd ~ 6" CLAY PIPE ELEV. 1,29' L\ ~1EAST 8~CL4YPIPE ELEV. 0.96', ©;REM~OVE FENCE AND GATE AND ASSOCIATED POSTS. (ro °oD sock ~ _ L L ~ L ~ L L, 5 7 ~ ~ ~ ~ ; ~ 5S : INV. souTHwEST s^ ciAr P~ RiMAIN) I \ 4 ~ ~ ~,3.._ • INV. WEST 6" CLAY PIPE EL ]WEST 6 CLAY P1Pf ELEV. 1,39 Q I II II II II ' 585 ~ N 5.28 •4 - - -LL __LLI~L~~ 6.67 . 4 O ~ 4 1 ..e.--~-_ ~ ~ • . , 1- ~ INV. NORTHWEST s CLAY P, 6" CLAY PIPE ELEV. 1.28' ~wESr s" CLAY PIPE ELEV. 1.30' 7 AL(:, CAVITY & EXCAVATION RESULTING FROM REMOVAL OF W - , L L _ ~ L ~ L :;.'•r:.'J CONCRETE.' / O 11 a DDD ~ 2 ~ 1 ~ y . s~/~ TREES, SHRUBS, PIPES, INLETS, GREASE TRAPS, SIGN, 4 t\ n AND POLE BASE-SHALL BE FILLED WITH APPROVED 6p' ~ r SUITABLE MATERIAL AND COMPACTED IN 12" LIFTS TO i ~ f i' 4.74 ASpyq~~Th'T pF 9~% OF MAX DENSITY. Q L1 LST~ RY) MASOL RY B ll~l INQL ~ I_ L L L p~~FMFNr 8 OFF-SITE DISPOSAL OF STRUCTURES, UTILITIES AND L~ F.E . T . 0 .93 ~ 4 I In~~ II II II I S a CONSTRUCTION DEBRIS SHALL OCCUR IN SOLID WASTE DISPOSAL FACILITIES APPROVED BY F.D.E.P., AND PINELLAS COUNTY. o, a ~ - L. ~ ~ o 9 CONTRACTOR SHALL COORDINATE WITH PINELLAS COUNTY .,~..L-~I-~L~LL-._~l ~ti HEALTH DEPARTMENT -ENGINEERING DIVISION BEFORE DEMOLITION TO REMOVE AND DISPOSE PROPERLY ASBESTOS CONTAINING MATERIAL (ACM), IF ANY, IN THE BUILDING. ~ ~ T _~L~~L~~I ' i o -3.72 ~ ~p1~i ~ / 10 REMOVE METAL STAIRS AND 'DISPOSE AS DIRECTED ' ~~~LL. BY OWNER /ARCHITECT n_ ~ V~ . 59 ~ ~ ~ j/:; ~ MASONRY GARAGE ~ ~ ~ ~ ~ y FLOOR ELEVATION 5.95 a~I~~~ m ~ i o m ~~a ~ ~ ~ } ~~~0 ~~~a ~~~1~ ~ ~ i ~ G,4~t~ I t ~ s s ~ 5 ~ 1 STORY MASONRY BUILDING ~,~j~ Q 2~q~~ ~ ~ LLF - ' i 5 .EL. - 6.71 u- ~ X211 E-W ' 3.71 g~n .;i y1G r1~,.95 ~9~ ~ ~5.:~. i ~®~c~~~~~~~~a ~ n v ~ m 3 v y 0 4.7 A ' 1 . M y ' ~ ~ ^,1 _ W 1 ' , i I L ~ I ~ i ~ ~ Y I I n;. a~ 0 ~ i ® 6a.. ~ a t~ ~Y 9 nay ~ ~ F J ~ v 5 L ] J ~ I J a r ® ~ ~ i ` ~ ® J Z ' f ~ i 7 y n . ~ i ll i _ I i THIS DRAWWt: IS AN'INSINIIAAFNT OF SFRNCF dN11CH611RFlAdW TNF PRnPFR1V~T~4lG~ ~ I~:~. ~ ENGINEER, AND SHALL NDT BE REPRODUCED, PUBU®ED DR USED IN ANY SVAY SVITHOUT- Z I i THE CONSENT OF THE ENGINEER. COPYRIGHT 2005 NOT PUBLISHED D, I OR ~ J 2a0~ ~ I 0 ~ li rs, D RAMANUJACHARI UNMAN, P.E.IM8688 COPIES OF THESE PLANS ARE NOT VAUD UNLESS n I U EMBOSSED WITH THE SIGNING ENGINEER'S SEAL 1 i I r _ _ _ _ _ I Z ~ ~ oo v, C~ a ~z. N ~ ~ ~ ~ ..a R u? a. ~°z I i ~ Z x~ i ~N ' ~W • NZ 5~4 F ~ p~ 0~ t~ t5~' ~ 4 i ' a tW N W v I p ~ Z i -VJAY() WATCR I J ~n T ~ ~ ~ / ~ s '~'q 5. 8 6' 5 7 5~ r, y S 1 ~ 5 71 ~ 'i~ _V Z ~ CONC. SPILLWAY p~~~' ;r' W I (SEE DETAIL) bG i' ~ 1 1 4.9_ a 1 5 74 ~ \ G i ~ 0ti . 5~ ~ 5 7 ~ ~ i ~4~' 1 ~~Q o~cK V a ~ c ~r <y ~R~pO 5.72 . LY Z ~P ~~,o~, Z M J .f \ 5, ,0 ~ ~ 3 STORY CONDOMINIUM ~ 4"~ ° s.os_ LLF,EL, - 6.44' Z . Q E„ Q ' '2 1>a 5.77 ~ 'I ~ I : •1 X212-22e ~ 11'• a ~ ° RETENTlONPOND 2 ~ ~i 1 . = # ~ TOB 5.0 ; / ~ ~ a s 1 ~ BOT 3.5 ~ oo ~ / ~+.5 1 ' ~ , a a r.._- 18~ 6. Z o~ z• O' ,`r. ~ ~ ~ ~ ~ ~ ~ aW 9 I `sa, Sf l r. w3 1~ ° 1~~ 1 ~ I ~ P~ Qj ~h f I,? ~ 5„ 1 c^ MAR 10 7QD~ ~ ~ a V 1 ~ EB #5936 ~t~~~~~~~~~~ ~~~e~~~~a~~~~r h s ~ 1 ^ ~ 55 l~ ~ rv ~ PO L ~ ~ ;~5 .75 ti, t ~ .5 i N ~p ~ ~ ~ ~ 5 ~ u - l,1 ` i z~ ~ f v ~ o--- ~ a ~ \ N o..a .6 5.4 ~ v1 Q ~5 \ u ,f~ \ C NES Comm.: 0464 C_ v ~ .7 ~ 04 ~ 3 _ ~ 5.5 0/ 4,. 4.. ~6.1 1 _ ~ 1 ~ 6UR8 -L. - .U.,~ 6 ~~5> Q Drawn By: B.J.V. Q ~ ~ ~ PODC~~ : a,~~,•~~ ~ 5.6 o-0- ( tt~ C~ y M~, 5.8 Checked By:... H.G. ~ ~ 5.8 0 ~ h: ~ ~y. 0 ~ 4.94 a t~ ~ `u ~ - ~ ~ J' - ~ ~'~k'€ nom... r \ - 3,Sg 6 ~k.. 6., . ~ . ~ ~\:,Y 4k b~ 5.03 - ~ n Issue Dafie: 09130104 l_ 1 06.-6- .Revisions: 12'.61 , , . . G~~~ I ~ ~I No. Date Descri tian ~r~ ~ +5.4 ~ SG ~PE~R~UT "24~ \ jam' I ~I_ . 0--_ 8 II ~ ~ ~ v ~n!`~6 3 ~ \ ,~p .66 ~.r EK. IM1'1~1~. I' ~ ~ 7 7 i (l~b kEd~DOCK ~ 5.5 ~~9_ o-~~- r JO t ~ r) / ' . 85 ~ ; w 5.28 A "~~fll~l ~ ~.~i o9 Y 11 N Y ! i~ h' 7 I~ ~V°b~ sr 3.6 . , . Oyu, ~ f .a, y fP5 t' ~t,r' 1 ~11 (J ~ ~ V a ` 6 27 ,i' 6. x f ~ f 0- ' - S ~ ~ n n6.D n 6o,FF j 5.3 ~ 0 4.74 '.I gspyq~~r T of ~~/V ~ ~ RETE ~ 1 ~L Q NTION POND #1 o TOB 5.0 d i`~ i F / 52 ~ 5.93 ~ BOT 3.5 + i~ iv 75 ~ • a' i 4,62 o ~ ~ ~ G. ' ; a Gp~ E 0 , .2 5.fi~~~ p0 v ~ I~ 1, A i Q\ { ¢ 5.0 ~ o , ~ N , cn ~ n -s.7~ ~ 5.6 °y ; ~ ~ 5, o s ~ 5 9 r 0 1n ~ ~ MA50NRY GARAGE ~ ~ ~ ~ FLOOR ELLVATION 5.95 ~ m ~ D i i m t ~ Z 'N p~ I. 5• , ~ a ° ' do p9 o~ g"' 1 STO~tY MASONRY BUILDING J ~ ~ 5 ¢ : LLF,EL. = 6.711 5 I O. cv ; x{211 E-W (\j a01 3.71 M R G•~0 p 5s ~~l ~ ,~p o~ ' o pN``' S~' NOTE: ALL ROOF RUNOFF SHALL BE o, G ~ ~ ~ N DIRECTED TOWARDS A POND AREA. M " ~ W 3 v a 4 7 3 a~ Z. :M ~ e~ Z' a~ c, .o ~ ~O W ' EX. EX. GROUND GROUND 'Y D I- ? ~ ~ ' Z a~ I PROPOSED PROPOSED ~ GRADE R GRADE R NEW 6 CURB 5. NEW 6 CURB 5, NORTH o< c.~ ~ ~ ~ N ' NEW ASPH. NEW ASP ~ r I H. , ~ FLAT FLAT .O I Z cn ~ SCALE. 1 X20 ~ a I , o. T.C./6. T.C. 6. ° 9~ / 9~ i~ D ~ N ~ ° M.E. --0~1- I M.E. ,a 0 5.5 5.5 .5 5 5 5. ~ °o ~ ¢ 0 20 0 10 20 40 ~ ~ N v . ~ N SECTION A-A - SECTION B B 1_'~" ~ i U n.i.a• N. Us. N THIS DRAWING IS AN INSTRUMENT OF SERVICE AND SHALL REMAIN THE PROPERTY OF THE I ENGINEER, AND SHALL NOT BE REPRODUCED, PUBLISHED OR USED IN ANY WAY WITHOUT p THE CONSENT OF THE ENGINEER. (C)COPYRIGHT 2005 NOT PUBLISHED I CL N i U 0 w ro ¦ C4 a~ RAMANUJACHARI KANNAN, P.E. #38688 N COPIES OF THESE PLANS ARE NOT VALID UNLESS EMBOSSED WITH THE SIGNING ENGINEER'S SEAL N iT i Z •o ~ ' ~ 0 'co ' a ~ a~ z ~ ~'hN 0 No H ~Z. z K~ ~ ~v L Q? W I. F: I ~ NZ '~:`d':i ~ Q I z W ^W V ~ 0 5.4 i AY (p~ O WATERW .n 5.8 ~ s. ~~'q 5 88 5 ~ ~~n 9 ~ s 5 ~ ~ \ ~ .s i W o~°~ ~y b G \ n~ I 9 0 \ ~ M ~ o~•c 5 s^ ~y \ ~EQ V 0? oac¢ I ~4 ~ \ ~ j ~QF ~D ~ 5.72 y~ w ~ Ir ~ ~'Nj fir ' 3 STORY CONDOMINIUM 5 5.0 ~ WM i ~ _ 'Z M \ .o LLF,EL. = 6.44 F Q W~ ~ .2 ~'p+ 5 n 212-228 1. .1 w D ~ cn ~ \ 85 ~ \ 6i. a RETENTIONPOND #2 ~3 \ ono o TOB 5.0 0 , , sa Z o'~ BOT 3.5 ~ o ( 9 ~ aW. 1 ~ 5• a ry O• 1 \ J , ~ n,~ ~ ~ \ w ~j~~~E¢ ~ W ~ z 5.4 , ^ .3 5.6 rn \ do 3 a o . y \ P ~~R 10 205 W > ~a I EB #5936. I V 5 5 s \ a~F~~'~ ~~~~~~~~~N~ ~ 0 0 5.92 ,l5 ~ PD L ~ P~~~~~exo~~ ~ ~ ~ DECK J 5. CIS ~d"~~"o'e~~~r~~ r o 5.5 ~i ~ ~ 9 v v J ~ \ ',I N ~ 3.B 4, w ri > .55 ~ ~ Z S J s.o5 ~ ~ NES Comm.: 0464 Q- N 5.4 + \ a. csW ~ ~ ~ 5.7 ~ ~ ~.s I~ ~ 3 5 J ~ ODRB Drawn By: B.J.V. V \6 ~80 ~I°a°aa v Checked By: H.G. J 5.65 ~X ~'W PODI ~ J I ?a 2 ~I Q 5.8 a a J 5. 5.8 ~ , 0 x494 a°aa ~ ~ h 5 R~ ~ • • NEW \ NEW 6~f6" Q O ~ J aao .g, ~y ¦ ¦ ¦ ¦Segi¦¦¦¦¦¦•~ ¦e¦¦¦ - Issue Date: 09130104 1 ~ G 5.03 _ O6 ~ 1 J~/~ E EO .53 0 5. - J o s.o • , ~ ~ ~ LIFf NEB' 6 D.1.P. W. - ~ ~ - x• Revisions: e ; " D.LR w. - , - d ~ ~.1. No. Date Descri tion 5.65 ~ ~ c~~~ iA y 3s MIN. COVER J ~ iION N. COVER - ' m 5.6 - - • J +5.4 0~ U 24' II \ SANITARY MANHOLE RIM ! 'Y MANHOLE RIM ELEV• 5.51 ~ - I~ < EX. 6 INV. NORTH 6 CLAY P1Pi ~ 55 sue,~ ~.ss IC.O. ~n° ~ ~ ~ INK SOUTHEAST 8" CLAY iRTH 8" CLAY PIPE fLEV• 1.29' ~UTNEAST 8" CLAY PIPE ELEV, 0,96' ~ oD D o. 0 4 INV. sourHwESr s" cLAr Uo Reti °CK 9 5.5, s-.4._ 1 a' _.i' ~UTHWEST 6" CLAY PIPE ELEV. 1.39' ~ iAIN) ~ J 5 85 N ~ 5.26 !NK WEST 6 CLAY PIPf s,o 1 0 ~ y, 1NK NORTHWEST' 6 CLAY ST 8" CLAY PIPE ELEV. 1.28' ~RTHWEST 6" CLAY PJPE ELEI! 1.30' . r ; 1 ~ 6. 1 0 N fX WOOD Si ~ ij ~i EPS .6 ~11 1 o s.2~ t ~ U ' i 1 n I 0 1 `0 h~ STAND PIPE o- 8'. ,74 'r J 5.3 1 0~- i ASpy ~~NT ~F ~T'~ AST W~~ " ~ ~ h~ETENTION POND ~7 r ~ ! . 1 yn~ pA~F'~FNT TOB 5.0 r 1 5.93 % BOT 3.5 r +52 0-- k r 5.75 r 4.62 1 ~ ~ / / _ r - , 3 •a .2 0 r 5:~,~ 0 5 0• Q ~ 1 ~ .o ~Q r ~ ~ ? ? ~ ? l~• ~ 0 ~ ~ ~ ~ ~ a,9 MASONRY GA GE Ew 6x2" 7EE N ~ , •NEW 6x2" lEE ? . FLOOR ELEVATION 5.95 NEw s" rE NEW 6" TEE ~ ~ NEW 2" D.I,P. ¦ ¦ 'S~ ~1 "DOM. W • ¦ ~.----NEW 6" D,LP. 36" MIN. COVER ~ ~ 36 MIN. COVER ? 5. 19 NEW s NEW 6" G.V. I y N~}y R s" DCV DCVA ~ ~ t B.F~ ~0~ 1 STORY MASONRY BUILDING a. ~ 1 5 LLF.EL. = 6.71 N~' 1 ~ 3s M! ~ NEW 8" D.LP. ~ 36" MlN. COVER ~ 9 X211 E-W " • ~ 1 3 71 NEW 6 PVC DR 18 F-~' . ~ ~ 1 5 9 36 MlN. COVER ~ I o ~{y g ~ ~ ~OR i JO M ~I, 1 NfW I NEW 4" PVC DR 14 F t ~ NfW y 7~P~AST DCVA ~ 36" MIN. COVER 1 69f4" 7E r 8 A4" 1GG ! 1 FIRE NEW 1.~'~ ,~-4" FIRE FDC i ~ ~ t p 4, 7 " M Q. ~ M W Q NOTES: STANDPIPE SHALL HAVE 2-1 2" CONNECTION / 'ONNECTlON W W F., p AND 1-1/2 ADAPTER W1TH BREAKABLE COVER AND CHAIN WITHIN 100' OF ANY SABLE z ~ ANY PElR LAND INTERSECTION AS PER. NFPA-303. / NFPA-303. ~ Z L1NE TAP SHALL BE 4 FOR REAR HYDRANT. HYDRANT. ~ ~ NORTH ~ 4 ~ UNDERGROUND WATER MAINS AND HYDRANTS lYDRANTS W_ O• N ~ _ ARE TO BE INSTALLED, COMPLETED, AND IN SERVICE PR10R TO CONSTRUCTION AS PER. NFPA S PER.NNFPA -241. ~ SCALES 1'20' I- ~ r- 4 J N ~ Q ~ ~ ~ O J 20 0 10 Za 40 ~ ~ ~ v THIS DRAWING IS AN INSTRUMENT OF SERVICE AND SHALL REMAIN THE PROPERTY OF. THE ENGINEER, AND SHALL NOT BE REPRODUCED, PUBLISHED OR USED IN ANY WAY WITHOUT THE CONSENT OF THE ENGINEER. CCOPYRIGHT 20M NOT PUBLISHED i~R 0 9 2aQ9 ¦ RAMANUJACHARI KANNAN, P.E. #38688 COPIES OF THESE PLANS ARE NOT VALID UNLESS EMBOSSED WITH, THE SIGNING ENGINEERS SEAL I I 2'1/2"x2-1/2`x1/2' TOP OF SKIMMER NON TRAFFC GRATE ELEV. 4.75 ANGLE AT ELEV. 5.0 4, POST OPTIONS: 2"x4" OR 2.5"DIAM. 4`x3/8"0 BOT. ELEV. 4.5 WOOD; 1.33LBS./FT. --6' MAX.--I MIN. STEEL ~ t _ ANCHOR STUD 12" 2' 12' FlLTER FABRIC IN z M ` 8 2'-11 3 16' 2 IIII _ = 3" I'8' T- CONFORMANCE WITH 13'x3"x5 ifi" 6"x6'x~10 to" SEC. 985 F.D.O.T. O ~ V . SPECS. OR EQUAL ~ F ~ GRATE FRAME W/5ND. STEEL QE W.W.M. = 3000 PSI FRAME W/2 ANCHOR STUDS 5~0 ~ - CONCRETE " coNC ~ EXIST. SURFACE MIN. 18" EXIST. ~ Q ~ V PER SIDE -EQUAL CENTERS. 5~~ SECTION A, - A, • GALVANIZE AFTER FABRICATION ~ IIII dll I Ii I I i I I i III~III GROUND t. SAW-CUT EXIST. , ~ N.rs. ANCHOR M ' STANDARD DETAIL I iV & BASEF PAVEMENT 12"L O N N .4 PAVELTEM 20' ~ , N v Z NEW SURFACE I PRINCIPAL POST ~-PAVEMENT NOTE: SILT FENCE SMALL NOT , OPT~IONAL POSITION, CANTED Z X _ i - CAST IRON RETICULINE • 12 BE TRENCHED IN WHERE POSITION ~ 20' TOWARD FLOW ~ Q = GRATE, TRAFFIC TYPE fi» 18 SPACES " • ~ 0 ®3 16x2" FBx55+/~ ~ _•R ~4 EXIST. BASE ADJACENT TO TREES DESINGED ~ ~ V a (H-20 LOADING) W/2 SIDED I 19 BARS ~ N GRATE SEAT 8` MASONRY OR I g• ~ 4" A2 . '``ti, ~ ~ BOT. OF ~ N ~ / ®1 4x6 FBx40 / - i NEW BASE TO REMAIN: w FlLTER FABRIC ~ w 2 ANCHOR APPROVED R.C. / ms`s 'Cr' to PREFAB - - - STRAIGHT: 2"x3/16` `ti,.. . • • RETENTION G Apr 6x6 x10 W.W.M. w_ I B" CONC. WALL REBCULINE: 1 1 4'x3 ifi` » BASIN ~ , x~1o w.w.M. THE SILT FENCE MUST ~ SILT ~ 0?~. 1111111= _IIII) I NEW SUBBASE BE SECURED THROUGH THE FLOW EXISL ~ N PLACEMENT OF FILL OVER IIII.IIII= I IIII-IIII III=IIII- GROUND ~ N w SEE FOOT INDIX 201 4D00 PSI @ ~ / a: I FOR EYE BOLT AND / FOOT INDEX X232 33 33' THE LOWER LIP OF , Z 1 CHAIN L 28 DAYS BOTTOM OF ETENRON BASIN ~ COMPACTED / Oj GRQUND N N ._0.. I {~4 ~ X12" O.C.E.W. / 15' PVC 6" THICK PAVEMENT TRANSITION DETAIL THE BARRICADE. ~ M FOOT F 2 0" x 4 INV. ELEV. 2.1 _ 3000 PSI CONC, - FLUME DETAIL =ui ~Ila" N.T.S. ~ • i ~ ^ _ . warE: SECTION A, - A, _ N.TS. I. CUT PIPE FLUSH N.TS. SILT BARRIER DETAIL z ~ ~ w/INDDE FACE OF N.T.S. W n w WALL e. MORTAR BOTTOM TO NEW BLDG. IMTCH INVERT OF E DETAIL ourFAU. PIPE. CONTROL STRUCTURE NEw BLDG. INL T ROOF DRAIN FlLL GROUND AROUND ~ Z ' N.T.S. F.D.O,T. INDEX %:i~ N.T.S. 6" 3000 PSI ~ PLACE SOD 1/2" O BLDG. TO 3" BELOW BELOW PAVEMENT CONCRETE I I ..I FlN. GROUND FIN. FLOOR ELEVATION & SOD NEW ASPHALT FIN. GRADE PRIOR " P/L 6x6, 10x10 W.W.M. .I FIN. FL. MAX. SLOPE 4:1 AND BASE TO SODDING O'" sEE PLAN . ° FIN, FL. 5 UTILITY (i.e. SANITARY . " MIN. SLOPE 2~ W - ° ' SEWER, WATER SERVICE, PLACE SUU I/2" ° " r ' B0.0W PAVEMENT - - - - - - - T' FIRE LINE OR STORM :RVICE, - - - ,,,Mr- POSITNE DRAINAGE z )RM ; umWUnnvgnavun vum« ~ W - FN. GRADE PRIOR III=IIII_IIII=IIII=IIII_IIII-IIII= - _ I I DRNN BY SITE CONTRACTOR I , ro sooDlNC FINISH GRADE TO 8" COMPACTED To 5' FROM BLDG. :ON1TiACTOR •e: ~ IIII I I I - » . ~:•Il NEW ASPHALT POSRNE UFtrVNAGt (4.1 IdAX) 1 BELOW ~ • 1•r::• COMPACTED GROUND ~ ~ M • EDGE OF WALK SUBBASE TO 95~ AND BASE MEET En. MAX. DENSITY. MEDIUM BROOM „ ,.~u~,, „~u,,,,, ~ - FINISH CONC. WALK ~ ` PLACEMENT OF V w CONCRETE PAVING DETAIL 11DL0Y WITHIN 5' DF BLDG. • BY PWMBING CONTRACTOR. coMPACrEO GROUND EXPANSION JOINT N.T.S. CON E SOD AT PAVEMENT ~ ~ Z ~ h FlNAL N Ctx)N BY PWMBING Y PWMBING GROUND PREPARATION N.rs. Z ~ M ; 1-1/2" RADIUS cDNTRACroR uNLess oTHEr1WISE COORDINATED BY THE G.C. P/I- AT ALL BUILDINGS sEE PLAN VERTICAL CURB N.rs. ~ J W p PLACE SOD I/2" _ n : BELOW PAVEMFNr = •.--.4 .i:. PAVING UTILITY CONNECTION PLACE CONC, d H ~ IIII__ - - s i FlN. GRADE PRIOR I "III I ~•-':-y' AT ALL 6UILDINGS SLAB/WALK 0 ' N O 4" BELOW FLOOR NEW ASPHALT TO SODDING COMPACTED FlLL (I I- BASE AND BASE POSfTNE ORAIWiGE (4:1 61AX) OR UNDISNRBED N,T,$, GRADE GRADE I ELEV. EXCEPT AT ' j Z D NEW BLDG. DOORS REMAIN FLUSH ` sDIL - - 1n MEET Ex. Y • _ _ COMPACTED z WATER MAIN IIII IIII SUBBASE MEDIUM BROOM ~ STORM DPo „ , ~ , ~ ? WATER MAIN ~ ~,i"~ 4~~~~ Q ~ ~ ' ~ STORM DRAIN I EXPANSION JOINT ~~11i," ~ 9 ~ ~ _ i I I I I = FlNISH CONC. WALK I - ~ - NOTE: COMPACTED GftOUNU =III » FlNISH GRADE TO IIII ' • N PROVIDE 1/4 N 1B" MIN. ,B" MIN. VERTICAL CLEARANCE I PERPFOOT 1/4" ~ O ~ w a I-6--II I I I CONTROL JOINTS 1 BELOW GROUND TRANSITION ®4'O.C. 5' O.C., EDGE OF WALK 3 I I FIN. FL. 1 D:1 MAX. SLOPE ~ ~ ~ ~ V ~ 8' O.C., OR 12' O.C. s L~DER VARIES SEE PLAN ~IDU~IR AT THE PROPERTY LINE N t ~ N.rs. & 1/2 BITUMINOUS SOD SLOPE 1/4" PER FOOT SOD GRADE - ~ ~Ilt~ll~l ~ NOTES: ~l3'°~~~d1~®~ cr~ ~w~~~ #5936 V ~ V EXPANSION JOINTS GRADE CURBlWALK DETAIL ®40' o.c. FOR 4' 1111=u11_ ~ 4w ~ =111_111 ~ ? ,D a' ~~mr i. PROVIDE 5'x5'x4` N.T.S. SIDEWALKS, 50 O.C. IIII~II1= 1111=IIII n ~ FOR 5 OR GREATER. WsroM Ra~N WATfR MAIN OR ~ THICK CONC. SLAB STORM DRAIN D.LP. IS USED W PLACE OF P.V.C. COMPACTED FILL OR FOR A MIN. OF 10' EACH WAY 0 ALL EMERGENCY EXITS. + FROM ~ OF WATER MAIN WHEN UNDISTURBED SOIL THE UERTICAL CLEARANCE BETWEEN~\ , ,a a 2 CONFORM TO ABOVE WATER & SEWER MNNS 15 iTf" OR LiSS = DEFNL FOR PLACING WHEN SIDEWALK IS TO BE REMOVED &/OR NOTE: 1fi OR MORE VEF 15" OR MORE VERTICAL CL I M ~ ~ WALKS AT THE BLDGS. NEW SIDEWALK IS TO PROVIDE 1/4" BE ADDED, Cr IS TO CONTROL JOINTS _ WATER hWN ~ ~ NES Comm.: 04fi4 BE REMOVED TO THE ® 4'O.C., 5' O.C., NEAREST EXPANSION ,D' MIN. PLACEMENT OF CONCRETE JOINT. 8' O.C., OR 12' O.C. P.V.C. OR V.C.P. & 1/2" BITUMINOUS SAN. SEWER GRAVITY NAIN LEYCiER°cRavm~iaAlN .I~ HDRIZONraL cIFARANCE, ~ SLAB AT ALL BUILDINGS Drawn By, B.,LV. - EXPANSION JOIN CONCRETE ENCASEMENT OF STORM SEWER + N.T.S. Checked B SANITARY SEWER GRAVITY OR SAN. SEWER Y' H,G, ® 40' O.C. FOR 4' SIDEWALKS, 50' O.C. MAIN IS NOT PERMITTED, GRAVITY MAIN ~ FOR 5 OR GREATER. VERTICAL CLI VERTICAL CLEARANCE ' HORIZONTAL CLEARANCE v CONCRETE WALK DETAIL WATER MAIN & SANITARY ' Issue Date: 09130104 i;LEAN~UT PLUG N.TS. CHARLOTTE Pipe And Foundry CorTpa See NOTE For Traffic Bearing Cover, SEWER CLEARANCES ~ Revisions: Part No. 106 Dr Equal N.T.S. No. Dote Descri tion 4 ~ ' FEMALE ADAPTER Concrete Pad 8 TEMPNRAf~Y BLNWNFF 2' Ball valve/ R CHARLOTTE Pipe And Foundry CoPlpany FBDr Type s-s Aspn. conc. pntch Thick i. 1 6 Sq. Part No. 101 Dr Equal to be 2' min. thickness or match If this point exlsting for thickness In excess Is within 4' of nn :AND SAMPLE TAP 4' Mln. exlsting Hose Blbb~~ ~ 6° or' 8"- 1/8 Ben Pntch Resurface full Monolithic Slob ,Joint, then / width of street on the Joint. T+2 (B Mln. Replnce Bas Lon Itudlnal 3,000 psi Compncted s a a ons Fiber Mesh 3/4' Galvanize oncre e • d' ~ ~T.. r' ~ . . 4• 1° •t. Plu / / 2' Galvanlze Existing Concrete - Replacement i • base material Undisturbed Exist shall be ~ Bnse Sewer Lateral approved by W w the En Ineer 12' Trench 12' 18' Trench IB' 2' Corporatl~ - per y rtce 6 Width fi Mln, Width Mln. 22 Varies Varies ~ I~M1NA~ CLEANDUT DETAIL Undlsturbed Trench ~ ndlsturbed Trench Slde - Compacted a Compncted Tapping Saddle-? o I N.Y.S. Backflll BackFlll i , CITY ~F CLEARWATER, FLORIDA T=Thickness T=ti' until W Q of original exceeds 6, then i ENGINEERING DEPARTMENT Base T=8' NCTEI Clearl~,.~ ~ I luy Cover To Be REDRAVN BY STANDARD U.S. I ourldry %623 Dr Equal anBr _ CLEAN DUT 11/075 Restra(ned 2' TNP CNNNECTIDN ~ sia Revised Per U1XItX!c R,SF. W,~,S, (sanitary) 304 ASPHALT STREET AND C7NCRETE REPLACEMENT Tapped Plug j REV, nATE DESCR~T[RN 1 DPI REQUIRED FOR UTILITY DRIVEWAY REPLACEMENT CITY OF CLEARWATER, FLORIDA REQUIRED FOR UTILITY CONSTRUCTION END C~NNECTI~N PUBLIC WENGNEERIANCSTTtATION C~NSTRUCTI~N ~ TEMP BLDWDFF B.V.D. 06/E~/91 a~cxm er AND SAMPLE TAP CITY OF CLEARWATER, FLORIDA PUBLIC WORKS ADMINISTRATION x~v oah os~bx nPa. oES~ a'r 2 DF 2 ENGINEERING i I R~;,o ~ STREET ANB DRIVEWAY 1 4/4/2UOY ~ a z ~,8, owam ar REPLACEMENT FDR ~ CONCRETE & ASPHALTIC Rv UA1E APP. PAAYNOXY CAR CONCRETE SURFACES L LF L i aiseXim PERYR F~~~W. J ~ OXIY TOOLED GROOVES ~ ~ ~ h t25517RE 3/8„ WIDE, 3/8" 5~ J • M F.S.918.14 I DEEP, 3" O:C. TO Q~~ . ~ M 12" BE MADE AT INITIAL -<~'=~:;y .:.=:;;:;;.4._ ' ~ °EWFX :i%'--i':1 !i•4G~:'h "s 4 ii-?i: ~4~ POURING ~..;~"~~=~:.....F..... '~`h±~~. ~P CURB ~ LLI ~ p - g' S' g' SIGN ~o`~ ` 4 4 4 ~>ti.:'viiR 4 F'S (\jv~^ I4 ~ ~ ~ ~ 4 t S •ph Lri A r` ~1'~ WHEEL .a.. STOP EACH PARKING BLUE _-_~;~_~~;;~:~~~y~,;;~:r~~° CURB '\2' ,i°4!r?\:h;:"z~ i:; i~tGii:'i::a'i:~::i ~ ~ O O _ _ - - - ~~y,.<-... f..-.r.•--~~~s=:>:._;.,.: 1/2" WIDE Fs.aie.u •~a : - - ~•~s. ~ =Y~~:.-. 4x_e:::v=s' ` - M-P:`-~i~~;RAM t.:~_;>~ SPACE SHALL BE BACKGROUND tt~:'ti~:,.~.;.,:~~~~..V<~ _ , w.~~ ~:y~ ~s:ry~~,~.::~:,. WHITE BORDER ~~:{:e;:~:~~~s.Y,ts•CONC. -~WALK~S~':~sY_r~~:vj. s~'~t ~~.e ~.•e~.~s;.t t ~:.y;~:~~~;~t,•`',~, CONSPICUOUSLY ~s~. rsr~ c o s~.s,:s:~<:~~.'s,:.x•,::;~~:~?~s~~~s'~xs~s:~=:~~ DOWN.: ~t :DOWN> ~ ~ ~ ~>er ``s STRIPED IN BLUE AND SYMBOL o ~`~~`ti FLUSH CURB ~ u,. ~ ' ~ SIGN SPECIFICATIONS GALVANIZED METAL ~ ' AND WHITE PAINT, ~ S SIGN POST WITH 3 8" ;W 'w E'' . ; ? . I" AND SHALL BE POSTED R N / " C) ~ ' ~ ~ `.a ~ AND INTAINED ITH A PARKING BY 1 • 18 x12 LOGO SIGN HOLES DRILLED _ ~ s";:~ ,w MA W Tn r ° ON 1 CENTERS ;._,:r ~ - k~ FLUSH ;CURB ~ ~ ~ ~ Q ~ a PERMANENT, ABOVE- DISABLED 2• 2 SIGN COMBINA710N _ _ _ ~ - .s. FLUSH CURB ~ GRADE SIGN BEARING WHITE 1" SERIES "C" EF ECT SHE NG s0~' W THE INTERNATIONAL BACKGROUND R L ~ ~ FlNISHED PERMIT LETTERS ° RAMP DETAIL - ~ SYMBOL OF ACCESSIBILLITY 3. LETTERS TO BE GROUND . , AND THE CAPTION ONLY 1/2 BLACK „ N ° - ' "PARKING BY DISABLED BORDER _ ~x' CURB N.T.S. ~ W <.sEE . 12 5 12 PERMIT ONLY". 1.5" 4. SIGN TO BE MADE OF ~ ° " ALUMINUM 1 "DROP I srrE PtnN SUCH SIGNS SHALL NOT X255 FINE 1 p BE OBSCURED BY A ~ WHITE ~ 1N R j o,~ 3000 PSI CONC. C. . lar. _ VCLIi/~~ ~ OADVCR ,•~r- BACKGROUND _ _ .N 5. POST TO BE MADE OF .:I, SYMBOL s s v ' II " h.S. 315.14 1 GALVANIZED STEEL N 18 'c s n° SPACE. ALL HANDICAPPED SYMBOL SHALL BE 5 FT. " PARKING SPACES MUST CURB HIGH & WHITE PAINT COLOR THIS DRAWING IS AN INSTRUMENT OF SERVICE AND SHALL REMAIN THE PROPERTY OF THE m 3 BE SIGNED & MARKED 3 SEE DETAIL 6 3 6. SIGNAGE PER A.D.A. m IN ACCORDANCE WITH ENGINEER, AND SHALL NOT BE REPRODUCED, PUBLISHED OR USED IN ANY WAY WITHOUT THE CONSENT OF THE ENGINEER. (C)COPYRIGHT 2004 NOT PUBLISHED THE STANDARDS REQUIREMENTS 4 N 2 12 WARt920~ ADOPTED BY THE HANDICAPPED PAVEMENT SYMBOL DEPARTMENT OF HANDICAP PARKING SIGN DETAIL N.T.S. TRANSPORTATION N.T.S. HANDICAP RAMP DETAIL ¦ 6 C6 AND A.D.A. SIGN POST DETAIL N.T.S. RAMANUJACHARI KANNAN. P.E. # 38688 HANDICAP PARKING STRIPING DETAIL N.T.S. COPIES OF THESE PLANS ARE NOT VAUD UNLESS N.T.S. EMBOSSED WITH THE SIGNING ENGINEER'S SEAL IF ~a~u~ Z M o ~ O o0 °a' F did' Z 0 3 Minimum Mulch . DA®E~'~~ t~~~~~E~ER~T ADD 3 B+B. CT SEE PLAN 3" Soil Saucer 0 r^i" ~.WN®SC~PI6~C PER~ITR~ 3GAL. 12'HT X 12"SPR 5 SP SABAL PALM INDIAN HAWTHORNE IH ~~~liaill~ ~{I~ ~;1'11i ill,li~.ll.~,,~ ,i,, ~ d vZ i f~ 1~~.~T; ' Remove Container 15 3GAL. 12"HTX 12"SPR IH INDIA • AWTHORNE ~.~1' ~i{ & i~~ Ili- from Rootbcll WAY (P) r 1. A HABITAT MANAGEMENT AND LANDSCAPING PERMIT IS REQUIRED WATER hll Mm,' 6e Ml0 ' ~ .all Planting Soil Mixture _:QI a t FOR THE DEVELOPMENT OF THIS PROJECT. APPLICATION SHOULD NOT V.. ~~ili 1~~=d1 I'3:a1~ 11~_ Existing Soil ~ ~ (lE ili ,iL III ,IP ~lir~l , ~ ~ BE MADE UNTIL FINAL ADMINISTRATIVE APPROVAL HAS BEEN GRANTED. 61 3GAL. 14"HTX14SPR ~ s MG MUHLEY GRASS a. AN APPLICAl1UN ANU AN EXTRA COPY OF THE APPROVED FINAL ~1pGt • fV Z APPLICATION PLAN MUST BE SUBMITTED TO THIS DEPARTMENT IN 3GAL 14"HTX14"SPR 15 ~ ~Gt ~ ORDER TO PROCESS THE PERMIT. MUHLEY GRASS MG o~~ 1 SNUB PLAMWG DETAIL Q ~ 6 C 1~ i ,A P~ N.T.S. Q • ~ b. ALL EXOTIC SPECIES, LE., BRAZILIAN PEPPER (SCHINUS TEREBIN- ~ THIFOLIUS), PUNK TREES (MELALEUCA QUINQUENERVIA), AND CHINESE ~Gt 1tiGt oo~G 1 211YCAL. 10'NT h Q TALLOW (SAPIUM SEBIFERUM) MUST BE REMOVED AS A CONDITION OF ti ~R~ MG MAGNOLIA "DDBLANCHARD' W N~ SITE DEVELOPMENT. WHERE NECESSARY DUE TO THEIR PROXIMITY TO ~ G ~o~ t ~ PROTECTED PLANT MATERIAL, HAND REMOVAL WILL BE REQUIRED. fro ~OOQ 1G _ 1 h 3 AL, 24'HTX2d'SPR SHOULD THIS REMOVAL BE TO A DEGREE THAT A POTENTIAL FOR ~'F,~ ~Gt 1 30 v ED THE AREA MUST BE RESTABILIZED WITH SUITABLE 3GAL. 16 HTX16 SPR 17 NJ~k 1 t 6~C SG SE~;Gg~g~Y CONDOMINIUM EROSION IS CREAT SELLOUM PS 'G ~ _ • z MATERIAL. 1G kGt 2 B+B"F, S .PLAN ® 1oGt r~, 0 c. ONCE FINAL ADMINISTRATIVE APPROVAL (FAA) HA5 BEEN GRANTED, A 3GAL. 12"HTX12'SPR 50 ~ •Gt ~ WASH ONI ALM 1 c5` r'~ BARRICADE INSPECTION CAN BE SCHEDULED. WHEN THE BARRICADES INDIAN HAIM1RHORNE IH 12 B+B. CT EE PLAN 11" HAVE BEEN APPROVED THE PERMIT CAN BE TYPED AND RELEASED. RETENTIONP 2 SP SABAL PALM 6 B+B.. CT SEE PLAN c~1 a. D.. _V W TOB 5.O a .SABAL PALM 'FREE ~~`~'EC~"~~~ ~iND ~RESER~lW41®R~o BOT 3.5 o - , 6 o' © ~ ~ ~ ~ NOTE: ALL TREE STAKES AND SUPPORT WIRES O ViiLL BE REMOVED AFTER 1 COMPLETE • k1 TREE BARRICADES AND EROSION CONTROL. MEASURE REQUIREMENTS: h~ ~ ~ 1 1 65 3GAL. 18'HT X 18"SPR S OR HAYBALES SHALL BE ^ - m, Gt RH ¦ 1. TREE BARRICADES AND/OR SILT SCREEN 3GAL. 14"HTX 14"SPR 16 ~ ~ 'C 8 RED HOT" HIBISCUS ~ GROWING SEASON. V ~ i O~Ir~ REQUIRED ALONG THE EDGES OF VEGETATED AREAS TO BE PROTECTED , For Cabbage Potm Irrotatlatlon: For Cabbage Palmr. ~ ~ ~ Trlm All Fronde at Time All Tronla W be Smooth and ~ F MUHLEY GRASS MG ~ , 1 5.4 ° PRIOR TO 7HE ISSUANCE OF HABITAT MANAGEMENT AND LANDSCAPE ~ - ' •Gt ,3 2 °y 37 3GAL. 14"HTX14'SPR PERMITS. THE LOCATION .FOR EROSION CONTROL MEASURES ARE SHOWN ~ 10 ` , p VA VARIEGATEDARBORICOLA VVVV I~ ~ w of Dlggtng and PlarrBnq All Bum Marko Bnrdred Away Fa Pdm kwtdatbm For Waehingtarr Palle: ON THE CONSTRUCTION DRAWINGS. ~ ^ ZCt ~ t~mw~row of tronMdsro Leow au boob on trunk ~ " M P ~ 2 layero Burlap Pad at Z : F B+B. CT SEE PLAN 3 m 1 " 2G BLE -REFS UST BE RETAINED WHEREVER POSSIBLE. SP ~ ~ • . ' Support Contact - No Q ~ Nails in froe Wood 2. ALL DESIRA 1 M SABAL PALM h 3GA . 16 HTX 16 SPR 60 ; • , ~ • 1 75 1 GAL. 12 RUNNERS IT WILL BE REQUIRED THAT PROPOSED IMPROVEMENTS (i.e. BUILDINGS, o~ ~ 5 5 .CAST IRON PLANT CI ~Gt •.:.,r„ MJ ^ 6 • MINIMA JASMINE WALKWAYS, DRIVEWAYS, POND BANKS, DRAINAGE SYSTEMS, ETC.) BE ~ ~ POOL J G Y ' _5 ~ ~ Iran v ~ . F 2' x 4' Brace (Yegow Plne) " O ADJUSTED TO RETAIN DESIRABLE TREES. GRADE CHANGES MUST BE ~ ~ DECK , SENSITNE TO TREES REMAINING. IN GENERAL, NO GRADE CHANGES , J 2Gt Space Throe at 120' Typical Q SHOULD OCCUR WITHIN THE CANOPY DRIP LINE OF PINE TREES AND ~ ~ ! 8 Remove after one'growing eeoton. q Q ~y, ' ~ 2' x 4' Stake (Ye~ow Pins) b ~V !v ~O J 2/3 THE CANOPY DRIP LINE OF HARDWOOD TREES TO BE SAVED. S SPA J 5,55 Throe Fiat long ~ Z Remove offer one growing season. ~ Q F ~ q'G ~.W~dD~~~~~~~ N ~ 5.4 ti , sW Q u + ,Gt ~ o Soutar RGn J Q ~ Q , 5.7 16 1. EACI-I LANDSCAPING AND REPLANT TREE MUST BE PLANTED WITHIN J ~1r-~nY Flnteh Croda ~ w Q A MINIMUM FIVE (5) FOOT BY TEN (10) FOOT OPEN SPACE PLANTER ~ J J I ~~i ~'I ~f I 3' Midmum Mulch ~ S'r'i ~~~I 4,~ 4I-`iF~ G' • W III':;a~~ jII~~: Rootbaq 18' Minimum '~~~;;~r~ ~ ~ ~ CI 3GAL.18'HTX'Fa#~PR WITH SUITABLE GROUND COVER. LANDSCAPE TREES MUST BE PLANTED ~ P ~ • IN SAME VICINITY AS VEHICULAR USE AREAS IN ORDER TO BREAK THE ~1 w POOL 1 5.65 J RH ~ E 1*~Hlgl$CUS 1 - I i Radlue From Trunk . V ~ ~i ~ I ( _ Washed-In and Tamped AR 10 2005 EB #5936 ~ c Q 5.8 ? w. MONOTONY OF UNBROKEN EXPANSES OF PAVING. TREES MUST NOT J p ~ " -f ~ I ~ ~ 1 i~ k Planting Soe Mlxturo 8E PLANTED WITHIN MAINTENANCE EASEMENTS. ~ ~ 16 3GAL. fi4"H1F X 4 SPR ~ O ~ J vA ~ ~ I l ~ Fxted Shc ~ ~ I~ i ~1 I(I: ~ V V. `li ~ VARIEGATED ARB RICOII~, ~ ~ 2. THE USE OF XERISCAPE DESIGN MUST BE UTILIZED FOR THE ~ Q' i 5 ~ ? ~ ~ ,l,~,;,il {LI~~:;,'G III-1l~-,, P~Q~~ea~~a~~~~~~~~~~~NT REQUIRED LANDSCAPE DESIGN. THE DESIGN DEMONSTRATES THE USE S ~ N ~ ¦ +/y ~ 4GAlz 12"~tU E S OF A LOW VOLUME IRRIGATION SYSTEM, ORGANIC MULCHES, DROUGHT ' MINIMA JASMINE AND COLD TOLERANT PLANT MATERIAL, ZONING OF PLANT MATERIAL ? ^ 2 MJ EO a ~ PALM STAKNG 8~ PLANING DETA~. ~ ~ ~ ~ N.T.S. BY WATER REQUIREMENTS, SOIL AMENDMENTS (IF NECESSARY) AND THE - r;~,. ' ~ ^ E PRACTICAL USE OF TURF. 18 AL. 16" B'SPR 5.65 ~ " ` ~ ~~R LIFE \~~~~k, 6 ¦„~CL • ~ iATIDN PS SELLOUM W 3. NEW LANDSCAPING MUST BE PROTECTED FROM VEHICULAR MOVE- 5.6 m NES Comm.: 0464 MENT BY WHEEL STOPS, RAILROAD TIES, OR OTHER SUITABLE BARRIER, J +5,4 rn U 24' B+B. SEE PLAN 12 II ~ ~ SANITARY MAN OLE RIM E! WHERE POSSIBLE, THE AREA BETWEEN THE BARRIER AND LANDSCAPE 5 < EX. 6" INV. NORTH 6y CLAY PIPE MANffOLE RIM ELEV. 5.51' ` ` \ \ ~ Drawn By: B.J.V. ,TH 6 CLAY PIPE ELEV. 1.29 MATERIAL SHOULD REMAIN A5 GREENSPACE. , 5 WAS INGTONIA PALM ~ 16 G 1 ~ - , fR, IYDDD 1GG J q'Gt 1 ss ; • fNV. SOUTHEAST 8 p CLAY IrH~asr B° CLAY PIPE ELEV. 0.96' Checked By: H,G~ . ro °pcK ~ " !NV SOUTHWEST 6 CLAY 4. LARGE TREE SPECIES PROPOSED FOR INSTALLATION MUST BE A l REd1AIN) " 5.5 J 1 N 75 3GAL 1 HTX B P 1NU WEST 6 CLAY PIPE iTHWEST 6" CLAY PIPE ELEM. 1,39' ~T 6" CLAY PIPE ELEV. 1.2B' MINIMUM OF 20 FEET AWAY FROM BUILDINGS, SIGNS, FENCES, LIGHT t 40 3GAL. 12 HTX 12 SN 5,7 ,G RH "RED - IBISCUS INU NORTHWEST 6" CLAY IH INDIAN HAWTHOR ~ t ?THWEST 6" C1AY PIPE ELEV. 1.30' , POLES, UTILITY LINES AND ANY OTHER OBSTRUCTIONS THAT MAY fk• woOD 5 ~ q,G O _ IMPAIR NATURAL GROWTH. rEPS ~ ~ _ b. Issue Date: 09130104 E-----I 5. TREES PROPUSED FOR INSTALLATION MUST NOT BE IN CONFLICT 25 3GAL. 16'HTXI6SPR CI CAST IRON PLANT ~-NEW ZO'x20' gSPh'q~/TNT OF ~,1,~~' ' Revisions: WITH PROPOSED OR EXISTING UTWTY LINES OR STRUCTURES, EASE- 5.3 " MENTS OR OTFIER AREAS WHICH MAY REQUIRE EXCAVATION IN THE SIGHT TRIANGLE (TYP.) EVENT OF SYSTEM FAILURE. THESE FEATURES SUCH AS THE WATER 1t~r1-N110N POND ~1 , LINES MUST REMAIN OUTSIDE THE 5 X 10' PLANTER AREA. TOB 5.0 6Gt 1 GAL. 12"RUNNERS P~~EMFNT ' w1~6 REMOVED aFfER~ COMPPLETE tiWRES No. Dote Descri tion GROWING SEAON. Bo r 3.5 +5.2 , _ • ~Gt MINIMA JASMINE 6. SOILS Wffl-iIN PLANTER BEDS MUST BE SUITABLE FOR PROPOSED - 12 B+B. CT SEE PLAN - " '•,c• ~ ~ Remove Dead and Injurod Twigs, Trim No Leadaro, ' Retain Natural Shape. PLANTED MATERIAL WITH REGARDS TO pH, SOIL TEXTURE, SOIL gP_ • STRUCTURE, AND SEASONAL HIGH WATER TABLE. ¦ ,Gt ~ ` SABAl4PALM ~ _ _ _ , ` J/4' - 2 Ply Reinforoed ~ ` ! ~ Rubber or Plastic Hoee 3GAL. 14 HTX 14 SPR 1 os ,Z - 1 ~ t; 7. ALL LANDSCAPE. MAl"ERIAL MUST BE FLORIDA GRADE 1 OR BETTER. MUHLEY GRASS MG kC ~0 ' ~ ~ ~ ~ Tope BV L~engr'tli Tagging ~ ; ~ ~ 40 3GAL. 14"HTX 14'SPR 8. ALL REQUIRED TREES MUST BE A MINIMUM OF 6' HIGH, 1-1/2" 2 - s-.--_._ 5.0 t vA VARIEGATED ARBORICOLA 3 - 12 Guaga Galvanized Wiros ~ ~ Spaced 12D Around Tree an CALIPER AT TIME OF PLANTING. ~ 16G ~ ~ i Sei At A 45Angle With 3- ~ 58 \ ~ Rem~ovle after one gmwin9 aeasan. N ,~Gt 5 B+B. CT SEE PLAN 9. ALL HEDGES MUST BE 24" HIGH AT THE TIME OF PLANTING ~ ~ 12Gt ~ SP s~" „ ~ ~c~ ~ ,Gt BAL PALM 4 Mm. y ty„ Mound io Form Sourer PLANTED AT 30 ON CENTER, AND BE MAINTAINED AT A MINIM M OF 2 O 3 IN HEIGHT. ~ MASONRY GARAGE ~tf~,~ f ~l}i ~l 3' Minimum Mulch Layer N ~ , , ~ FLOOR ELEVATION .5.95 •i Remove Budap From , iii Around Top OT Boll 10. WHERE LANDSCAPE OR REPLANT TREES ARE PROPOSED TO BE ~ 1~'G G 2 112"CAL. 10 HT i ~~1~~ PLANTED IN THE PERIMETER BUFFER, THE BUFFER MUST BE A MINIMUM 3GAL. 12'HTX12"SPR 41 ~ MG MA LIA"DDBLANCHARD" OF 5 WIDE. INDIAN HAWTHORNE IH )l3 u„ Y ~ Planting Soil Mixturo . ~ ~ 7dll~i i i;ira~ii Ilz,)~~a .lHlll it7 ~ r k I 1 9,~ IC.~ ~h ~i. ~-dl~ ail 30 3GAL. 24"HTX 2 R Prodde o minimum 5'x10' - sG ~G~ SEA GRAPE unot®tructed planting area YREE ~~R~~ PL~~TINC DE`~~IL$ 1 STORY MASONRY UILD G ~ LLF.EL. = 6.7 5 TREE STAKNG & PLANING DETAq. . 211 E-W ~ N.T.S. 1. THE ROOT MA55 FORM OF EACH TREE PROPOSED FOR INSTALLATION SHALL BE BALLED OR BURLAPPED, BARE ROOT TREES ARE NOT AC- NEW 20x20 • CEPTABLE. ALL NONBIODEGRADABLE WRAPPINGS WILL BE REMOVED SIGHT IRUINGLE AND BURLAP WILL BE FOLDED DOWN TO ENHANCE WATER A850RPTION. ~~P~ IF WIRE BASKETS ARE USED IN CONJUNCTION WITH BALLED AND BURLAPPED TREES. TFIE FIRST FEW ROWS OF EACH BASKET WILL BE REMOVED A7 THE TIME OF INSTALLATION. 2. SUPPORTING APPARATUS SHALL BE REMOVED AFTER 1 COMPLETE GROWING SEASON. ALSO THE FLEXIBLE ATTACHMENTS SHALL BE USED WHERE SUPPORT WIRES ARE WRAPPED AROUND TREE TRUNKS/STEMS TO PREVENT CAMBIAL DAMAGE. 3. PLANTING HOLES ASSOCIATED WITH PROPOSED TREES MUST SLOPE (NOT COMPACTED) AND A MINIMUM OF 18-24 INCHES WIDER THAN THE DIAMETER OF THE ROOT BALL. TREES SHALL BE INSTALLED SUCH THAT THE TOP OF THE ROOT MASS IS LEVEL WITH THE SURFACE OF THE PLANTING HOLE. TREES SHOULD BE INSTALLED 3 - 5 INCHES ABOVE GRADE ON SITES CONTAINING CLAY. A 2 - 3 INCH LAYER OF i ORGANIC MULCH MUST ALSO BE PLACED OVER THE ENTIRE SURFACE OF EACH PLANTING HOLE. TO PREVENT FUNGAL INFECTION MULCH SHOULD BE PULLED BACK A FEW INCHES FROM THE BASE OF EACH qPE TABLE ~ Z TREE. Quantify Symbol Scientific Name Common A Common Name Code Name Planting Size Spacing O. h 4. IF ON SIIE SOIL (.UNDITIONS ARE SUCH THAT SOIL AMENDMENTS WILL BE NECESSARY, THE PLANTING MUST INCLUDE SOIL MIXTURE 13 Washingtonia robusta Mexican fa THROUGHOUT THE ENTIRE SECTION OF EACH PLANTER AREA TO A DEPTH CONSISTENT WITIi THE ROOT DEVELOPMENT OF PROP05ED 41 Sobal almetto Palmetfo Mexican fan palm WR B & B, 10'CT+ j PER PLAN LLtI ~ cM PIANT MATERIAL. P Palmetto SP B & B, 10'CT+ j PER PLAN ~ ~ W Q _ 3 Ma noJia Grandiflora "DD Blanca " g h rd DD BJanchc 5. PLANTERS ADJACENT TO OR WIThIIN VEHICULAR USE AREAS MUST BE CONSTRUCTED SUCH THAT LIMEROCI(, ASPHALT, CONCRETE OR ANY DD Blanchard magnolia MG 2 1/2"CaL, 10"hf PER PLAN ~ Z ~ OTHER OBSTRUCTIONS DO NOT EXTEND UNDER THE SURFACE INTO THE PLANTING AREAS. „ „ - 111 Schefflera Arboricola tr~netfe varie aced W z o°. ° variegated arboricola UA 3-Ga1,14 "X 14" 30"OC NORTH O. 9 6. THE PRACIICL OF TREE TRUNK WRAPPING AND THE APPLICATION OF PAINTS TAR ONTO PRUNED TREE BRANCHES IS NOT RECOMMENDED 3O Coccoloba uvifera Sea Grape a o Sea Grape SG 3-Ga1.,24"X24" 36"OC 0. ~ w BY TH INTERNATIONAL SOCIETY OF ARBORICULTURAL. 172 Muhlenbergia capillaris Muhle ra V N F- Muhley grass MG 3-Ga1,14"X14" 30"OC SCALEr 1'20' ~ ~ r- a y9 7. PLEASE NUPE THA"f THE USE OF FERTILIZERS DURING PLANT INSTALLATION IS NOT APPROVED. SCIENTIFIC EVIDENCE INDICATES 151 RaphioleplS indlCa Indian haw THAT FERTILIZATION SPECIFICALLY, THE APPLICATION OF NITROGEN Indian hawthorn lH 3-Ga1.,12'X12" ! 30NOC ~ LL. c°~ OF TREES/SHRUBS (THIN THE FIRST GROWING SEASON INHIBITS OOT Selloum philodendron PS 3=GaL,18"X 18" ; 36"OC ~ G o 35 Philodendron selloum Selloum pi R WTH. THE LANDSCAPE BUFFER STRIP MUST BE CONSTRUCTED SUITABLE FOR PLANT MATERIAL INSTALLATION. O W 275 x Trachelospermum asiaticum Minima Jas Minima Jasmine MJ 1-Gal, 12"spr 18" OC Q ~ N V zo o io 20 4o J x x x x u 170 x x x x x Hibiscus spp. Hibiscus 1 Hibiscus "Red Hot" RH 3-GaL, i8"X18" 30"OC 185 10/ 1 Aspidistra Elatior Cast Iron Cast Iron Plant _ Cr 3-GaL,16"x1s" 3o"or~ EDRA U .9 BUTLER NURSERY INC. 75TH ST. N. PINELLAS PARK FL. 33781 27)544-0445 FAX.-(727)541-5027 MAIL: BUTLERSNURSERY©MSN.COM ¦ L BY.R. BELKO D BY.• C. BUTLER y I ~ , ~ V ~ . I V IRRIGATION NOTES ~ ° ~ i . ~ ~ < ~z` 1. SHALLOW WELLS, OPEN SURFACE WATER BODIES, OR RECLAIMED ~ ~ ~ I WATER MUST BE USED AS ~ A SOURCE OF IRRIGATION WATER. THE DIST- d? ^ N RIBUTION SYSTEM FOR IRRIGATION MUST NOT BE CONNECTED TO a N ~ I COUNTY OR MUNICIPAL WATER SOURCES, UNLESS IT CAN BE DEMON- n STRAYED THAT THESE SOURCES ARE NOT AVAILABLE. v? WAY (P) I WATER Z x~ Q s 2: IRRIGATION SYSTEMS MUST UTILIZE -LOW VOLUME DESIGNS SUCH AS ~ W ~ 5 ~ LOW TRAJECTORY HEADS OR SOAKER HOSES TO PROVIDE. DIRECT AP- ~ F o~c o PLICATION AND LOW EVAPORATION. SYSTEMS THAT OVERSPR Y ® A AREAS 00 uu 6 o F 1' ~p THAT DO NOT REQUIRE IRRIGATION, SUCH AS PAVED AREAS WILL NOT ~ ~ Z ! o c~ I ~ ~~o BE ACCEPTABLE. HIGH IRRIGATION NEED AREAS MUST NOT OVERSPRAY r ~ LOW NEED AREAS. ~ Q e~' ~y ~~e Q F~ co~cR rra woo Z N~ Vii, ° ' ~N~°~c~, 3. HIGH WATER DEMAND LANDSCAPE AREAS SUCH AS TURF MUST BE W . ,0 3 STORY CONDOMINIUM SERVED BY A SEPARATE IRRIGATION ZONE THAN LOW WATER NEED ~ " PLANTER BEDS, OR MULCHED AREAS WITH TREES. IN NO CASE, SHALL - Z LLF.EL. = 6.44 ~ •2 r'6, ANY PLANTED VEGETATION AREA BE MORE THAN 50' FROM A WATER ~ , ti 212-228 ~ s SUPPLY HOSE BIBB. ~ ~ 6'. ~•EN~ l0 ON Rf' T NP D ,~2 r~, ~ „ TOD 5.0 0 10 DOT 3.5 ~ .6 4. AUTOMATIC IRRIGATION SYSTEMS MUST BE OPERATED BY AN IRRI- V~ z GATION SYSTEMS OPERATED BY AN IRRIGATION CONTROLLER O R I I ~ ~ ~ W ~ ~ - CAPABLE OF DIFFERENTIATING BETWEEN THE SCHEDULES OF HIGH AND l! ` r. ~ ii LOW WATER. DEMAND AREAS. CONTROLLERS MUST HAVE MULTIPLE ~ ~ ~ o ~ 5.4 , ~.2 00 CYCLE START CAPACITY AND A FLEXIE~LE CALENDAR PROGRAM ABLE TO ~ M BE SET TO COMPLY WITH LOCAL OR WATER MANAGEMENT DISTRICT V o? IMPOSED RESTRICTIONS. z H a~ ~ c., Z NM ~ 5. AUTOMATIC IRRIGATION SYSTEMS MUST BE EQUIPPED WITH RAIN M SENSOR DEVICE OR SWITCH WHICH WILL OVERRIDE THE IRRIGATION Q F Q ~~1 Foal ~ ~ DECK ~ CYCLE OF THE SPRINKLER, SYSTEM WHEN ADEQUATE RAINFALL HAS , ^ ~~W 7 ~ w 0 , OCCURRED. ~ ~ ~ ~ H ~'~G~ d ~ ~ i 1•! f~ it' ~ ~ ~ ~~'r' ~ ~ 0. 'I _r SPA ~ 5.5 Ci ~ - nr -.1 MAR i 0 2gg5 Z ° 'I a7 ~ oP `aW ~ ~ E ~~RB 'i ~ _ r. P1~~~~~~~~a~ ~~~~~T~~NT W 'j I ~.8 A ~ 2 IRRIGATION NOTES tCONTINUEDI C9Tls `~``~'~et~~~~ ~ ~ 3 ' ' ~ 5.6 `o 0 d vQ r THE IRRIGATION CONTRACTOR SHALL PROVIDE AN UNDERGROUND IRRI- EB 5936 ~ 'G ~ h ~ \ t i ~ ~ w GATION SYSTEM TO COVER 100% OF ALL ON SITE PLANTING AREA. V ~o ~ O~s~r~~~~~rrr~~~~~~~~r~r~~ ~ C~ a THIS SYSTEM SHALL CONTAIN BUT NOT LIMITED TO THE FOLLOWING: 1 1. UNDERGROUND PIPING, SHALL BE PVC SCHEDULE 40 OR BETTER. 5.65 ~ ^ ur-r `e.,C•1. 2. SEVEN (7) DAY PROGRAMMABLE TIME CLOCK TO ACTIVATE ZONES. a- ^ 3. SPRINKLER HEADS; COMPATIBLE WITH THE TYPE OF PLANTING. 4. ELECTRIC VALVES. NES COrrlm.: 0464 . ~ : II ~ ~ SANI]ARY MANHOLE R1M ELEV. 5.51 r 5 5 ,r, , REX,~6" INV. NORIN 6" CLAY PIPE ELEV. 1.29' 5. GAUGE 14 OF COPPER WIRE. ~ ~ ~ ~ ; INV. SOU7NEAS?• 8 u CLAY PIPE E1EV. 0,96 ~ 5S uc~, r : • INU SOUTHWESJ' 6 CLAY PIPE ELEV., 1.39 6. FIBERGLASS OR PLASTIC ZONE-VALVE BOXES. Drawn By: B.J.V. 1 (ro rtr~cairn L . 5.5 ~ ~ i ~ N r; : • © INV. WEST 6 C1~lY P1PE ELEV. 1.28 5.7 ~ ~ 1NV. NORTHWEST' 6 CLAY P1PE ELEV. 1.30 If11UIlfIO) " 1 _ ~ / ti~ ' f.x. IC~Ip]~- o WHERE PIPING IS UNDER 'DRIVEWAY AND CONCRETE WALKS, THE PIPES Checked By: H.G. goon srEP, a ~ v i' SHALL BE INSTALLED INI SCHEDUCC 40 SLEEVES 18" BELOW GRADE. ~ so R/ b.3 ASp ~h'T ~ I yq~T F W f MATERIALS SUPPLIED SFIALL BE Er~UAL TO THOSE MANUFACTURED BY Issue Date: 09130104 ` RAIN BIRD CO. OR APPROVED EQUAL , ti~CI~~~NIIr~N PUIdD ~ ~ pq~E qY ~ n ~E ToD 5, a Nr i Revisions: DOl' ,3.5 +5.2 ~ No. Dote Descri tion THE CONTRACTOR SHALL SUBMIT SYSTEM LAY-OUT ALONG WITH 54 CATALOG SHEETS OF ALL COMPONL"NTS IN THE SYSTEM TO THE 2 - p OWNER FOR APPROVAL PRIOR TO INSTALLATION. 0~ 1~ i j 5,0 i,. ~ _ 0 O THE ENTIRE SYSTEM SHALL BE G~~ARANTEED BY THE CONTRACTOR FOR ONE YEAR FROM THE DATE OF ACCEPTANCE BY THE ARCHITECT/ ENGINEER. O 1 ~n~ MA50NRY GARAGE - O r o FLOOR ELEVATION 5.95 ANY AND ALL USE OF HOSE BIBBS IN ASSOCIATION WITH ~1 NON-POTABLE WATER SUPPLIES. SHALL BE IN FULL COMPLIANCE WITH SBCCI STANDARD PLUMBING CODE, CHAPTER VI CRITERIA 1 STORY MASONRY BUILDING REFERENCE COLOR CODING OF ABOVE GRADE RISER PIPING ~ / / g5 5 LLF.EL. = 6.71 AND LABEL/TAGGING OF OUTLETS AS NON-POTABLE WATER SUPPLY. 211 E-W I ' ANY BUILDING TO BE DEMOLISHED' IS SUBJECT TO NOTIFICATION I TO THE AIR TOXICS SECTION OF THE COUNTY DEPARTMENT OF ENVIRONMENTAL MANAGEMENT PRIOR TO ANY DEMOLITION OF I BUILDINGS. i i i I IRRIGATION SYMBOLS z J ~ RAIN BIRD FULL CIRCLE GEAR DRIVE a h W ~ r~ W ~ o ~ I- ? ~ ~jRAIN BIRD ADJ. ANGLE GEAR DRIVE Z Z °a ° NORTH O ~ ~ H y ~ NETAFIM DRIP IRRIGATION sCALE~ 1~~20~ Q ly o ~i ~~I 20 0 10 2 40 ~ ~ ~ ~ ~ v 0 i BUTLER'S NURSERY, INC. 7011 75TH ST. N. PINELLAS PARK FL. 33781 PH. (727)544-0445 FAX.-(727)541-5027 EER I E-MAIL: BUTLERSNURSERY@MSN.COM IRI o DRAWNBY.• R. BELKO CHECKED BY.• C. BUTLER 4 i ' ~ k ~ ~ ~ O M c ~ ~i U M ~ .moo W c I~ N n, :D N i LIL ~ ~ ~ ~ o ~ ~ ~ 0 • _ ~ m=mQ IL U ~ oC ' ° m Q. JJ• Q T L W I^ T v ~ ~ co O o ~ n/ \ LIL d^• N cD I~ C D ~B A E i 137fi-4" i i 34'-4" I ° 34'-4" i 34'-4" i 34'-4" i I N N j j I I i i j I i I I I I I a I I ' I i o I I I ~ I I I I I I I o I I I I I I i ~ ,I ~--i I i I i j j I I i j e I ' I o ~ I I I I ~ ~ I o I i o I I I ~ I ~ o 0 I I j I I ~ I ~ I I I i ~ CO I (U j I I I I I I I I i i i I I i i L_~ i I I i i ~ j I i i ' j ~ I I i I I I I Z I I i I I I I I Q i I I I i ! J i I I I i i \ ~ I i I I I i i ~ i i I i \ ~ i I I i I i 33,_8„ 33'-g" a . i " 33,_8„ I ~ ~ O 8 33 8 8" ? ~ i I i I I I I _ - ~ E i i i ~ Q I I ° ' ` ~ ,I I z v z ~ i ~ i i I i i _ ~ o a o ~ ~ I M i ~ i I i N I ~ I I ~ N I `r ~d' O I I ~ ~ i I N I I I I ~ I I I I I I ~ ~ ~ I I I ' I I I I I I I j I I I i j i j i ~ I i j j j I I I I I I j i i I I i i I I I I a I I - I I o I I I . I I I I I i i I I ~ I o I i i ~ i o i j i I I i ° ~ I . I o I i I i o I N o r i N I t , a ro r_ n r_ a I Z> o 0 12-0 8 6 4 2 0 i I I I I - J i I ~ N i I ~ e ! I ~ mo ~ ~ i I I - o - i I i i _ ° zo I I z of i 2'-f i - 2 -6 ~ - i ° I ELEVATOR I a X10" 6,_0" ,_4 ~ ~ ~ t ~ . ~ E ~ , < < I ! I `-4 6'-0" 6`J10" o s I Du~PS~`ER - 6 ~10 6 In i In i ~ a j' i I i N i in in ~ i W Y~ i ~ I--- cn Q i I r iii', I ~ ~ I I oo Z ~ a a a ~ ~ I I e a d' ~ ~~~~L~f~~~Gs~. ~ O O W pp I ~Id' I 0~ I o ~--i I ~ ~ ' ~ J ~I I MAR ~ 0 Y00~ ~ o v I I N - - = i ~ li N n n r a n n n a a r_ n a r_ " r_i ~ ~,r ~~~s~~~r,p~~ D~~~~~~~~NT Y ,_2" 6,_~" 6,_2" 8" ~ i ~ 8 6 2 6-0 6 2 8 8 10 8 8 11 4 8 6 2 6 ,0000 an~r~p V / l~ 4 19 8 19 0 24 0 1 0 19'-8" 18'-4" li r a ~ 138 -0 i i I Date: 2~23~05 ! scope: AS NOTED Drawn: RWH i _ SITE P~,AN AppR4UE® yob: 04-114 PLAN NORTH CASE # Fc ~ ~S • n ~o r Z CASE TYPE r.~_ DRC DATE ~ ~ ~o~ •05 f;R~TTNTI FT,(1~R PT,AN UUB DATE ~ l ~ oS~ Z,,os SIGNATURE SCALE; 1 /8 = 1 -Q DATE i% • Z3 -oS Sheet: A-1 k 00 x ~ o M O " v ~ } U °M~ V / ~ C U ~ ~ N N ~ I~ ~ o OL ~ ; L° ~ H ~Um~mQ 3 0 m a=' Q W ~,~W ~ o~ o o~ 34'-4" 34'-8" 34`-8" 34'-4" ~ ~ N 20'-0" 14'-4" 20,_0„ 29 -4" 20,_0„ " 14'-4N 20'-0" a O I I I N I ~ ~ I j i i - I i i i j i i i i i i j I o i i i j MASTER i MASTER I SUITE SUITE i I i Q I I COVERED DECK I COVERED DECK DECK j ~ ~ o i i I I i N i i I I - _ i i I I j I I I I i r-------------------~ r-------------------~ I i I MASTER I i i I I I ~ I MASTER SUITE I I I I COVERED DECK I ~ I I I I SUITE COVERED DECK ~ i i GRAND SALON i i I; I GRAND SALON I SALON i i i I I I i t ~ i o I I _ _ I i i I CLO. ~ I~ L0. ; I I I I CLO, ~ i; CLO, ~ I I I I I I I i~ 1 l ' I I j ~ I I I ~ I I ~ i I I I I I L_~ l i; ' r-------------- ~ I I I I I L---------, I I r--------- ~ I I i I i I / I ® ® I ® ~ I I ~ I i i I I ~ i I I i l j I i~ - ~ i i GRAND SALON i ! ~ ~ I ~ j ~ ~ ~ ~ I I i f i i GRAND SALON i l Z I I ~ ~ I I ! CLO. - ~ ~ ~ , r I I I I ~ CLO. I ~ I ` ~ I ; ~ l i L0. ; i i 1 Q ~ I ~ CLO. ~ ~ i I i i i i I I I ~ i I I 1 ~ d ' I I I I I ~ low; I ~ I~ ~ I jowi I ' ~ i i ~ I ~ I j ~ I ~ © \ I I I I i I - ® i ` - I i ~ ;kk i DININGI j DINING i ~ - o ~ ~ I l \,x I I i I I I ~ ~ i - i i i / 0 I J i s ~ O I \ , I l- - I I I I I ~ 'I ~ y I i I I I ow i I ~ I I I I I I I i 'KIT E i I ~ v . I I j I I ~ i ~ ~ . ow I l i ~ I CH N I I I~ ~ ) I I ~ ~ I I ~ 'i, i J I l I DININGI ~ ~ ak,~ ~ I ~ ~ I I~ i i I ~ ~ N ~ ' I DINING i ~ ~ i j l I I j ; ~k i i ~ i ~ - I I I ~ i ~ i ~ I , - ; J I I ~ I j i i ~ i t0 ' o~ac . I I r - - j - - , I I l i i I J`, I _ I i NVAC .`ii ~•l. I I I I I 7 ~ I I i I F'`~, xr iJ ' I I i I i l~ i i ~ I i t i ~ ~ j _ - h J i I ,LAUNDRY. , 8}1 ~ I I i I ~ I ~ \ I . ;ARY /DEN i I ~ ' I I ' - '•j , I . , I I LIBRARY /DEN BEDROOM #2 BEDROOM #2 LIBRARY /DEN I n i ~ I I I ~ . • I i i I i I ~ ~ I i ~ i I ~ i I • I I _ _ I i I ~ I ~ - - ~ j ~ - - - i r I i - i I i I j, ; i ~ ' ; I I o ~ 'Z > LIBRARY /DEN i BEDROOM #2 i I I BEDROOM #2 j LIBRARY /DEN ~ Q I ~ I i ' i 00 I ; I i i 0 m o i i i i ~ z~ i I i i i Z O I I I ~ e i i Q ~ ~ i = FIRE PUMP ROOM o I ELEVATOR I i i o U~ I I I I I N i i ! I ? i i ~ ``r W Y ~ i I ~~117~~ I z i I - I I ~ ~ L o~ a 5,_8.. 12._8" o ~ N ~ I a i o I 0 OU I ' I ~ I MAR 10 2005 Uy 18'-4" 19'-8" 19'-0" 24'-0" 19'-0" 19'-8" 18'-4" Q9.~a~~m~°~O D~Po~~'i~~NT CITY 0~ CL~~?~N9e~T~~ ' 138'-0" Date: FEB. 23, 2005 scale; AS NOTED PLAN NORTH Drawn, RWH 2ND FLOOR PL AN Job: 04-114 SCALE: 1 8" _ " / 1 0 Sheet: A-2 ~ k ~ o M p p 00 'T 'p_ V I ~ ~y ~ C r n ~ C uJ C I~ N W ~.J N ~m W m ~ ~ ° OL o n ~ = m N LL. U m t m ~ t ~ ~ Q m a Q ~ W NSW ~ o~ rn I o~ " 34'-8" " 34 4 34 8 34'-4" ~ ~ ~ „ " 80,_OH Z9 _4y 20 0 14 4 20 0 " 14'-4" 20'-0" 0 I I I N I I ~ ~ I i i i i i i i i i i I I ' I i i i MASTER- i MASTER 0 I I COVERED DECK SUITE ~ SUITE I I COVERED DECK I `I i o DECK I ~ i I I l I I j N i I I I I I I - . j I I i I I I I I I • I ~ r-------------------~ r-------------------~ I MASTER I I I I I I I I j I I I I MASTER SUITE COVERED DECK ~ COVERED DECK SUITE I I I I I l I I I I I GRAND SALON I I; I GRAND SALON I i I I ~ ~ I I i I I I ; I ~ I I I SALON I I I i ~ I I CLO. ~ L0. I I _ _ I I ~ CLO, ! i CLO. I I I i - - i I I ~ ; I' i I I I I I I I I I I I I I I I I r-------------------~ , I I i r-------------------~ I I ~ I I ~ I I I I I I I I ® ® ® ~ I / I ~ _ ~ I / I I I I I I I GRAND SALON I ~ ~ ; ~ ~ I ~ I I I l l ~ ~ ~ / I i i GRAND SALON i ~ z I I I i CLD, I Q I / ~ I / I I I I CLO. ~ .Ikl Q I ~ ~ / f ' O I ~ L0, i i i Q ~ / A / I O I I ; ~ I i~ I ~ I! CLO. ; i i i I .__I I , I i i ~ I I I ~ I l i . ow ; I 1 ~ a ( i I I ~ ~ I ; ow ; ' ; I I ; ~I I I I i I I I ~ ~ I I I ~ _ ~ I I I; I ® I I I I I ' ~--------J i ® ® I ~ ~ ~ I ~ I I~ I ` I I~ i OININGI i ®INING I i I ' ~ I O ~ j ~ ~ u I; I I I I I~~ ~ ~ .~.x~ i t I I I I I i ! i - ~ ~ ~ :T. .t~`. ~ ~ l I I I I I I 4 O I ~ l x I I I I I ~ i J r~ _ _ ,I I: ~ I I i I I I Q I y~ I - - _ _ i I " is " ~ : i----i I \ ~ •,(1r1A~J ' i I ~ I ~ I - I i ~O i LL o l ~ T, , l ow I I 1 'RA' I I I I I I I I ~ / ~ I I I ~ ` j~ I ~ i I ~ ` c l I I h i j I ~ I ~ I i DININGI I ---~I-- I / , ~ ~ I - 1,--- i I I I I ~ a I , - II-- ~ DINING i I ~ d' I I _ I _ I ' - , I I I i ~ a -I I - j I I I ~O - ; I I i - - , I i I - - I ~H4AC - / ~ I I ~ I I X ~ I I I I j l i i I T' I I l ~ c l ~-';-;i-;'hl • ' ~ > ; r~ I LIBRARY DEN BEDROOM 2 I BEDROOM 2 LIBRARY DEN I tARY /DEN i j ~ I i -i i a k, , I ; I I I ~ ~ I _ I ~ i ~ I ~X _ I ' I I I j \ ~ j I I I I r I ~ I I _ i I e I I ~ z ~ I o - j ',r ; LIBRARY DEN BEDROOM 2 I ~ >l . ~ I I BEDROOM #2 ~ LIBRARY /DEN C j ~ r. ~ ~ I I I ~ I G m a j i ! i O I ~ ~ j I I i ~ ; i ~ zo i i i z 0 J I I e ~ . I I ELEVATOR ~ ~ i i OI~INq o ALL I I I i i ~ L ~ ~ tY I I ! N i ~ W Y~ I I - - I j j . I I ~ Z r e I e 5~_8,~ 12,_8~~ o O N Q ~ ~ o I o ~~nt~~~~k~w ~ J . i I - I LL o MAR 1 Q 200 li N Y PLA~~~~~~~~ D~~~V~°~I~ENT L~ 18'-4" 19'-8" 19'-0" ~4'-0" " 19 0 19_8" 18_4" ~I~ (;1~~,~~n~~~~ 138'-0" Date: FEB. 23, 2005 scale: AS NOTED PLAN NORTH Drown: RWH 4TH FLOOR PLAN yob: 04-114 SCALE: 1 8" = 1'-0" Sheet: A_4 i ~ ~ ti- M O TTn ~ ~ (.J~ ~ `.J ~ ~ ~ I t ~j J C N IJL ~ ~ m . o = m a ~ ~Um~mQ oL ' ° Q m n. W N ~ W ~ r ~ I 0 0~ 34'-4" 34'-8" 34'-8" 34'-4" ~ ~ N 20'-0" 14`-4" 20'-0" 29 -4" 20'-0" 14'-4" ~0'-0" a 0 I I N i i I i i i i i i I i i i i i i ! i ~ i i i i MASTER GUEST I ° I I SUITE SUITE j i COVERED DECK i COVERED DECK ! i i o IECK ! ~ i I j I I j N I I j I I i I j - I I I ' I I ( r-------------------~ ~ r-------------------~ MASTER I I I i I I SUITE i i i I COVERED DECK i I I I I I I I MASTER SUITE COVERED DECK I I I I I ~ I I I I ~ I I i I DINING I i Ili 1 I I I 0 I I i i ; CLO. ~ L0. ; I I ' I I ! ; CLO, i CLO. I j I I I I I I I I I' I ~ I I ' I I I I ' I j I I I I r-------------------r I I ~ ~_J I I I I I I I , I I r--------------------i I I I I j`-------- I I I I I I i I i I i I I I ! j ~ I I I I GRAND SALON I ~ I ~ j , ~ I I i I ~ ~ , / ! i j ! i GRAND SALON i i Z I I 1 ~ CLO. I I ~ ~ - I I ~ CLO, i I ~ : ~ ~ i j' GRAND SALON 1N ! I L0, ! i I I Q I I I I ~ ~ I~ _ I ~ p d ' I I , ~ I i CLO. ~ ~ i i i J I!i ' . I ~ ~ ~ ~ ' I I ~ uW i I ~ i r j I I i.-1' i I I I I ' I I i i i ~I i I i---------~ I i i', i ~ I ~ ~ I i ~ i ---J / O ~ ~ I ~ ~ BREAKF ST I I ~ ~ ~ I I I ~ I i I I i ~ ~ l i ~ ~ ~~~,n I; r j I j ; i~ 'a i I T, I I I I I I - ~ I i ~ I I I I I O ~ I I I ~ ~ , I I i rrrrJ rrr I J ! rr, ~ OQ - - i ~ o I I 0 I ~ I I I I rl'J~ r I I i "i i ~ I I I I ` I I I----; I i i ~iVx , I ~ ~ I I I I n; , / ~ I I~ a ~ I i I I I ~ ~ aw I' ~ j 'KITCHEN I I I v~ , I ! i i I----~ j i I i I I ,X ~ I ~ I i I DININGi ~ ~ I / ~ ~ I I I ~ ~ ~ - . i I I I I ®I DINING i i d- I I ~ / ~ ~ ~ I I I I ! I I !i ~ I I I - ~ - I I ~ _ _ I ~ I ! i ® I ~ T j ~ I I ~,i i I ' I I - - , I I i / x - - I I I I I I L'AUN~RY'•. . > . ~ ~ BA7~1 I I I l~ ~ I I• . I• • I ' ;.i l / j I LIBRARY I I i BEDROOM #3 ! DEN j ~ ~ I i I , i I~"~~puw''~ 1, - i l ~ I I , I • I I I _ ~ I I ~ I ~ r I i i ~r-->-' . I I I I - - i ~ I I - ' I ' I ~ ` I I I j - I ~ I I ~ ! i i I ~ ~ i i a o LIBRARY /DEN ~ ' BEDROOM #2 i I I j BEDROOM #2 LIBRARY /DEN Z J I I I ' i DD I ! ! ~ m Q I I i ~ ~ ! Q j i ' i O i ~ i p z~ I I - a ELEVATOR I i i ~ Z OJ i i o Q I i i U I I N I _ i ~ LL i ~ ~ I I I I i a 5,_8" 12,_8„ o MaR `1 Q 2005 Z ~ ~ I o i o I ° ~A ~~~W~ a~~~~~ ~~~~lT ~ ~ I ~ i C~~ C~~;~~v~f~oDZsR ~ o v IL N Y 18'-4" 19'-8" 19'-0" 24'-0" 19'-0" 19'-8" 18'-4" 138'-0" O~R Date: FEB.23, 2005 scale; AS NOTED PLAN NORTH Drawn; RWH 5TH FLOOR PLAN yob: 04-114 SCALE: 1 8" = 1'-0" SheetA- 5 r 4 ~ k a 0 ~ v I e M ~ o ~p ~ ~ ' ~ I T^ p DO Z I I ~ I I I I ~ M C I I I I ~ I I I I ~ ~ ~ ~ C I i I I ~ I I ~ ~ C ~ N ~ WW~~.mQ I I _ .I.____._ - .---.._____I_ _ _ I _ ~ TOP OF OL F- ~ ~ - - T------- i 7------- -------1 ROOF DECK . o I ~ 'L:- I I _ o ~ ~ I c m Q I I o Q- U ; a i I L- ~ c a _.i I I I-------- I I I ~ ~ I.IL m I I I I I I a I I I 1 --------1 - - L------- I W ~~W o~ ~ ~ I ~ ~ I I I I I I I I 0 M I I I ~ a O ~ ~ O I I-------- 1.C. i cD f~ I I I I I I i ~ I I I I I I ' I I I I I ~ - ` --------I I I ~ I I -------T ~ ` i I I I I I I a ~ O I I I I ~ I I I I I I I I ~ I ~ I I I I I I I I I I I I I I _ I I I I \ I I I ~ I a I ~ I I I I I I O I I I -~----I _ ~ ~ I I I-------- I I I ~ ~ I ~--I I I I I I I I I I I ' L - --~-------1 L------- ----t a I I I I I I O I I I I I e In o 12r_O~ I-~--•--~--•--•--'r I I I•-- I I I I o ~ B.F.E. ~ 1 I I I - I i i Z I I ~o O - Q O w J w 1f f !f SCALE: 1 ~8 = 1 -0 C~ _ Q ~ Z ~ _ J o W CC C~ ' r o F I . ~0 ,-I o d- o z ~ ~ i - ,J m - ' ~ Z ~ a z 00 o ~ ~ . 0 ~ I.L 4, `~~:.a W MAR ~ 0 205 Imo- vYi Q ~~en~~~ ~~~`~A~~'E~NT o ~ ~ „J ~ SOU L.~ N Y _ (n 0 ~~IGI~IAL a ~ ~ Date: FEB. 23, 2005 ~ ~ 12'-0' - - - ~ - - ~ - ~ scope: AS NOTED a ~ B.F.E. o ~ Drawn; RWH dob; 04-114 PROPOSED SIDE (SOUTH) ELEVATION Sheet: A-8 SCALE: 1/8" = 1'-0" d h 0o x ~ ~ ~ o M a O "fin ~ ~ 1 ~ ~ a ~ I ~ ~ M c U o ~ I ~ v J , C~ N r n C _ I I I ~ wU m " 'm o I I _ I _ _ TOP OF ~ ~ - - - --T~ - - - -i - ROOF DECK ~ _ ~ m y j j m ~ m I r ~ o I; j; ;I I ~ I I I Ir- ~ I a ~ ~ J II II I ~I j i II j II ~ ~ ~ o ~L ~ ~ as ~ j II I II II I ~ I II I II j II I ~ ~ ~ I ~ LJG, Q ~ i l i li l i li I it ~ ~ ~l..l yrnW I it I ~I j h~ I I I ~ I I I I ~ i i. i I 01 I , . - - - I. I- = 1- 1- 1 ' O M I I I I II II ~ I ~ I I II ~ I ~I I~ I I I I ~ ~ d' N I ~ it O ~ ~ I II I II II I j l I I ~ I I I I I I I I I~ ~ i I II I II II I I • ~ I I I ~ I I I ~ I I I I ii i I ~ i I' ~ i I I II I I II I II 1 1 I ii i I I I it I I JI ~ I~ I I I - I ~ I I I- I I_.~. _ .i.. - I i~ i I --------I•-----------"-- ----t------------------- - I _ - 1- ~-I o 0 --i i I I I I i ~ ~ i r i O I I. - i I I r I • i I II, i I ll If I I~ I II I II II I I I II ~ I II II I ~ I it i i ~ I ~ ~ I~ j ~ j~ ~ ~j ~ ~ ~ I I ~ ~ ~ I I II I I II II I I I I II I I II II I I ~ jl j II I ' I II I II II I I ~II I I ~I I~ I I ~ j~ j ___________________~___________________J_ _ L.. L t ' I _ _ - 1- --i I I I I I r I ~ ~ r ~ j r- j 0 ~ i i i ,I ~ I j Ij I I Ij I jl j l I I II I II I II I II I ~ I I! I II II I I II ~ I II II I I ii i I ~ I" it I it i II I . f II i j ~ Ij I II I II ~ I II I ~I I I~ I 4:;. j i I~ i I - I- 1- 1_' C I I j ~ - I I, j j i i o i lI'1 I ~ I j j I ~ u1 ~ f f - - - -•I- -I~- - -I-• I I j j j i ~i z ~B,F,E, i i o ~ I j i i i i ~ j j ~ j ~ ~ ~ I i ~ ~ i i ; W i J W WATER FRONT WEST ELEVATION PROPOSED ' SCALE: 1 /8 1 -0 ~ . z v - J o - 0 W ~ > 0 t0 ~ r a 0 I r-~- i o I . .--I r-I z ~ - ~ _m 0 a 0 ~~v, , . .--I a 0 I ~ lQ J ~ oU ~ N - \C` ~ - - - 0~ ~ a 0 a - o Date: - - FEB, 23, 2005 q ~ ~ a ~ 12 ~ _ _ . _ ~ scale: AS NOTED B.F.E. ~ .-•I a ~ o Drawn; RWH Job. 04-114 PROPOSED SIDE (NORTH) ELEVATION Sheet: A-9 SCALE: 1/8" = 1 '-0" • I ;I I OUNTY FLORIDA SECTION 8 ~ TOWNSHIP 29 SOUTH. RANGE 15 EAST, PINELLAS C . 0 5.4 ~ ; AY ~P) • WATERVI sNln ~ ~ o 6 ~ z ~ 5~~ 6 \ \ \ \ I ~ ~ I ,6 - \ ~ 0 4s \ y o~,c ' y \ e~°~' ~g~' coy \ MQNIUM BOOK 48 PAGE-. 38 ~ CONDO , ~Q 6 ~ 5.72 °oc 3 STORY CONDOMINIUM _ k \ ONS: . ATI VI BBRE A • END:. LE G a. / LLF.EL - 6.44 .TIONS:.' D = DELTA ~ 6 I a6'c #212-228 Q = Rl1BBER TREE _ NGTH A ARC`,LENGTH ti• 1 F~' ~ ~ " - = SEAGRAPES CB - CHORD''BEARING :BEARING • ,w..,o. I ~ ~ 11 = CITRUS TREE CH = CHORD;DISTANCE C SCALE \ GRAPHI = FOUND'NAIL AND DISK ;DISTANCE ` zo ao 2 STORY MASONRY BUILDING \ 0 = PhIM TREE FNLD zo o Q.,,, q5 S, ~ FCM FOUND ,CONCRETE MONUME NAIL' AND ;DISK :CONCRETE'MONUMENT 0 0~0•;•' LLF.EL. = 6.42 ~ ~ 8 i FIR = FOUND''IRON`ROD ~ 0 0 4.5 ~ •018 PINE TREE _ 'IRON 'ROD #200 / \ I FCIR _ FOUND: CAPPED IRON ROD. ~ ry ^ o, _ , ~ _ ~ FIP - FOUNDr'IRON;PIPE ' CAPPED' IRON ROD. IRON' PIPE ~ / A r FICUS TREE FPIP _ FOUND:?PINCHED;JRON'PIPE (1N FEET) ^ ~ ~ ti;i , ~ \ _ R .TREE _ ;.PINCHED IRON PIPE 3 CLDA _ M c4 • : p ~ CB CHORD: BEARING 1 inch - .20 feet , ~ • ~ ~ ~ ~ \ n _ eg. ~ ~ o -Q- - UTILITY POLE ORB = OFFlCIAL` RECORDS BOOK :BEARING L RECORDS BOOK ?M s 5 . 6 \ ti~ o--o PG = PAGE ~ ~c,..> • y 69 ~ , , = LIGHT POLE PB = PEAT B00K y~ 70. ~ ~ , • ; . ~ : ~ . 1 \ ~ = WATER METER , P _ PLAT LOOK ( m• h Q1 M , v a, , , \ E-- - GUY ANCHOR = MEASURED G, N o '.o~.~~ M RED I1 • h°' , . : • i0 \ ss = SANITARY MANHOLE = FIELD, - b Q F \ ' • cod... • e Q = ELECTRIC MANHOLE R RADIAL: 1,4, ~ . ~ , • , . ' y \ C = CALCULATED -ATED ' ~o~ ~ ~.5 = UNKNOWN METER p _ DEED , CpN. ' . ^ : 6 \ - U LVE COVER FND FOUND': ~ ~ , c~ „ ; ® - WATER A - V _ ~ O ; p 4.4 ; i i. • ~ , LLF.EL - LOWEST LIVING FLOOR ELE' r LIVING FLOOR ELEVATION ~ ~ 0 5.8 = EXISTING SPOT ELEVATION = ~ DCK STRUCII Z ~ ; - . • , . • C.B.S. CONCRETE BL M h / 10.8': : - ETE: BLOCK STRUCTURE V ~ gryF B N , i , • • CONC.. CONCRETE M fh'C ' C5w' 5 $ NMAR SCIR - • . SEL'CAPPED .5 8 IRON- R~ ETE \PPED:5/8":IRON' ROD LB 6928 Q E 1~K Rop K ~ • • • SC Q 1 • - 4.00' ~ ~ ° • 4 A/C' AIR: CONDIIIQNER )NDIIIONER V 8 • ZL/ 3, 5 O i 5 ~ 4" 4. 5. 6" P LB _ LICENSED:BUSINESS G ON . ~Q ~ i ID _ DENTiFI ATl ' ED } BUSINESS ICATION :,i• ~ 48,0'. 616 Q~' ~ ' , • . PLS = PROFESSIONAL LAND SURV SSIONAL LAND SURVEYOR Q PAD ` ` , 0 X4.94 • • PSM - PROFESSIONAL SURVEYOR ti~ ~ ' SNLD : _ 'N L & DISK L6 6929 ' y~ SET. AI SSIONAL SURVEYOR & MAPPER AIL & ,DISK LB.6928 ~ h' h 5" ~ rp Ok 'CAR pORi ' + EL.' - ` ; ATION - ELEV , ' woo ;a 4,y; O 22.8' ~ 4 4 ~ U ~ ~ WM WATER': METER. RON i _ Q RED wAlJi • ; : ~ ~ e S ~ , ~ TPD = TELEPHONE `PEDISTAL METER• i 10NE ' PEDISTAL l 3 p b~ ~.D3 y \ CAN = CABLE ,N BOX 7.1 a X5.06 TV BOX o _ E E POLE'° PP POWER ~ ! " 5 8.1R CHMARK LIFt CG CURB>ANDiGUTTER I POLE' AND`GUTTER ,i 2,8' ~ E , ,ON ROD ~ ~ ATION ~ CSW = CONCRETE'SIDEWALK IETE 'SIDEWALK J.5' l ~ n°' {~12 S'~' ~ ~ = NCHMARK /y / 2.8 . o m~ ~ . TBM TEMPORARY BE IRARY BENCHMARK ~o 1 ~ ~ ' ~ OHW ` i ~J ~ ELEV. - ELEVATION _ o ~ • ; L: , • I ~ • ~ - SPH ALT PAVEM 1 ~ ~ SANITARY MANHOLE RIM ELEV. 5.~1 EOP EAGE -,0 TION OFASP,.HALT PAVEMENT . I - ~ : w ~ INV. NORTH 6 CLAY PIPE ELEV.. 1.29 OHW OVEf~HEAD WIRES ' 8.1 ~ - - - IEAD 'WIRES _ _ _ _ _ _ _ ~ ' ~ ae u~ wM ~ INV. SOUTHEAST 8; CUif PIPE ELEV. 0,9fi ~ I kd 5 0 ~ ~ ~ o-4s0 ~ INV, SOUTHWEST 6 CLAY PIPE ELEV~ 1.39 woon noc ~ I , ~ ~ w. N ~ 5.26 INV. WEST 6 CLAY PIPE,ELEV. 1.28 _ , _ t"'~ ( ~ O, r. a INV. NORTHWEST 6 PIPE ELEV. 1.30 I N • , O~ 11 ~J OOD ~ - i e; CONCRETE WgljQ 6 26 py x,31 j 2 v 0 IEpS 3.66. . 4 11 ~ y 1 5 g 6 0 1 ~ 3 1 .o G i r ~ , ; 0 4.74 p ~ ~ P F L ~ ~ W ~ ~ ~ T 1 STORY MA50NRY BUILDING o ~ye• ~ • ' AA I 19 LLF.EL = 6.40 1 a'. •o. #2D1 Q ALSO FND 5 8" 3.3 i 3 c>5 ' 0.09' S, 0.11 E IR Ip ~ ` , , • ~ „ t ALSO FCIR 1,2" PL5 31 ~ / 34 .4 ~ ~ 1.00' S, 0.35 W 38 b ~ .a 4" 1 I O i ~ • i I , 1 I \ J ~0 1 ~ I ~ h ~ ~ ~ NOTES: DMPLETED ON'AUGUST 5, 2004, WHICH IS THE ~ ~ n , ~ ORIDA REGISTERED. SURVEYOR.AND MAPPER. FIELDWORK WAS COMPLETED ON`:AUGU S 3 0 3.72 ~ ^ • 1. THIS IS BOUNDARY SURVEY MADE ON THE GROUND UNDER THE SUPERVISION, OF A FL 4 ~ ~ ya ~ I DATE OF SURVEY.. MARK F-3 WITH AN ELEVATION OF 2.72 FEET 3~ o ~ MASONRY GARAGE ~ OF 1968. THE ORIGINATING BENCHMARK; WAS PINELLAS COUNTY BENCHMARK F-3 WITH;AN F~ ~ I FLOOR ELEVATION 5.95 2. ELEVATIONS SHOWN HEREON REFER TO THE NORTH AMERICAN VERTICAL DATUM (3.508 FEET 1929 DATUM)... ~ 1~ ? 1 S T _ y' ~1 0 I T BEARING OF 5 55'49 59 W. ~ ~ Ry 3. BEARINGS ARE BASED ON THE SOUTHERLY LINE OF LOT 35 HAVING A PLA ~ n ~ 6 9 ; I ~F qs • '4J ~ 'F( Oiy 4. ALL BEARINGS AND DISTANCES ARE PLAT AND FlELD MEASURED UNLESS OTHERWISE NOTED. )THERWISE NOTED. (O~J ~ lr G e(/j ~ GROUND UTILITIES UNDERGROUND ENCROACHMENTS OR UNDERGROUND FOUNDATIONS' WERE MEASURED AS PART OF THIS SURVEY, UNLESS OTHERWISE NOTED. 5 ~ F~ ~1' 5. NO UNDER , ~ ~ N~ 6. THIS SURVEY DOES NOT REFLECT OR DETERMINE OWNERSHIP 3.71 ? , ALSO FND K-CUT °yF ~.9 7, LL MATTERS OF PUBLIC RECORD THAT CAN BE GRAPHICALLY bEPICTED PS SHOWN ON OLD REPUBLIC NATIONAL TITLE".INSURANCE COMPANY S TITLE E COMPANY'S TITLE COMMITMENT NUMBER 1.2o S, 0.92E ~ THIS SURVEY SNOWS A oyF FQ 04080699-BAQ, EFFECTNE DATE.OF JULY 29,200 . ~ ~J I GED IN SIZE DUE TO REPRODUCTION. THIS SHOULD BE 1'AKEN.INTO CONSIC TAKEN. INTO CONSIDERATION WHEN OBTAINING ~ ~ /Q ~ 8. ATTENTION IS DIRECTED TO THE FACT THAT THIS SURVEY MAY HAVE BEEN REDUCED OR ENLAR ~ SCALED DATA. ti k; P~ n, ~ ~ ~ 9. FLOOD ZONE INFORMATION; ~ E ? ~ 125096 0102 G ~ E ~ p I COMMUNffY PANEL NUMBER: ? , ~ FLOOD ZONE: AE (EL 12) AND VE (EL 13) off-- RENSED MAP DATE:. SEPTEMBER 3, 2ao3 ED TOc CERTIFI G~~AN~_MAR, 1 Q 2005 4. ~ ~10 ~ 10. FLOOD ZONE LINES AS SHOWN ON THIS SURVEY ARE APPROXIMATE ONLY. ` SKIFF POINT OF CLEARWATER, LLC ~s- , s o Pu Pin~avaa~G COLONIAL 63ANK, N.A. 0 ryRS i DESCRIPTION: ~ RICHARDS' GILKEY, FITE,;SLAUGHTER, ° PRATE$I WARD;~E~I, ~VARDCWOAC` CL LOTS 35 AND 36 OF UNIT 5A ISLAND ESTATES OF CLEARWATER ACCORDING TO THE MAP OR PLAT THEREOF, . ~S, ! ' OLD REPUFJLIC-NATIONAL TITLE-INSURANCE COMPANY ' NPANY, AS.RECORDED IN PLAT BOOK 60, PAGE 51, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA. 1) ~y FNLD AT END of PLATTED CURVE ° o . I ' . CONTAINING 0.50 ACRES, MORE OR LESS. 0 SCALE: ~ " ' ISLAND ESTATES OF CLEARWATER KLEIN & STAUB SURVEYING, • UNIT SA 1 1t • 20~ FIELD BOOK: 99150 AND 38 DRAWN sY: LOTS 35 PROFES510NAL SURVEYORS AND MAPPERS BOUNDARY ~C , TSC. • 30 ~0 N BY:' TSC: PAGES: 59-70 • PLAT ,HOOK 80, PAGE 51 • O P O GRAP HI C AS S.'CIANCEY ` PLS No: 4024 51GNATURE' ATE CHECKED BY: ' I 8016 OLD COUNTY ROAD No. 54 T THOM BAK KED BY: BAK FOR: ' ' NEW PORT RICHIE, FLORIDA 34653 FLORIDA` REGISTERED.. SURVEYOR ROGERS BEACH DEVELOPMENT -8150 SURVEY E sICNATURE AND' oRICINAL RAISEO JOB No.: GHTWATER DRIVE UNIT 2 OFFICE: 727 834-8140 FAX: 727 834 Nor vau0 wITHO~R rH 04004 200 BRI , SEAL OF A fLORIOA LiCENSED`SURVEYOR`AND MAPPER NO'` 040041.2 SHEET No.: 1 OF ' 1 I 6Y: CLEARWATER FLORIDA 33767 LB 6928 IL NO.: REVISION , 'i I '