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FLD2006-06038
w ea tG ? Q Planning Department o / 1 Myrtle Avenue 100 W ? N a ?aivate? l ' V. Clearwater, Florida 33756 C learwater, Telephone: 727-562.4567 LU go ?- U c Fax: 727-562-4865 0 ? W Z LA_ O Z ?. ? SUBMIT ORIGINAL SIGNED AND NOTARIZED APPLICAT ION g (y a ? SUBMIT 14 COPIES OF THE ORIGINAL APPLICATION including 1) collated, 2) stapled and 3) folded sets of site plans ? SUBMIT APPLICATION FEE $ 0 CASE #: DATE RECEIVED: RECEIVED BY (staff initials): ATLAS PAGE #: ZONING DISTRICT: LAND USE CLASSIFICATION: SURROUNDING USES OF ADJACENT PROPERTIES: NORTH: SOUTH: WEST: EAST: * NOTE: 15 TOTAL SETS OF INFORMATION REQUIRED (APPLICATIONS PLUS SITE PLAN SETS) FLEXIBLE DEVELOPMENT APPLICATION (Revised 2/02/2004) PLEASE TYPE OR PRINT- A. APPLICANT, PROPERTY OWNER AND AGENT INFORMATION: (Code Section 4-202.A) APPLICANT NAME: Wisne Development, LLC, Alan L. Wisne, Manager MAILING ADDRESS: 600 San Marco Drive, Fort Lauderdale, Florida 33301 PHONE NUMBER: 954-781-1900 FAX NUMBER: 954-781-9955 PROPERTY OWNER(S): Wisne Development, LLC (Must include ALL owners as listed on the deed - provide original signature(s) on page 6) AGENT NAME: Sherry Bagley and/or Bill Woods, Woods Consulting MAILING ADDRESS: 1714 County Road 1, Suite 22, Dunedin, FL 34698 PHONE NUMBER: 727-786-5747 CELL NUMBER: 727-871-0084 FAX NUMBER: 727-786-7479 E-MAIL ADDRESS: billwoods@woodsconsulting.org B. PROPOSED DEVELOPMENT INFORMATION: (Code Section 4-202.A) 1Z0't- + ?Z-04 S.?rS?'t ?c'.?? ? 3tU0 ?G??M 31v?' STREE7ADDRESS of subject site: Project located off of Sunset Drive in Clearwater. o address assigned to parcel. Z.;o L S .?•n? LEGAL DESCRIPTION: PARCEL NUMBER: PARCEL SIZE: Lots 7 and 8 and Palm Bluff Preserve Tract "B" Pool and Rec Area (if not listed here, please note the 1 tion of this dgcument in the submittal) 17-0 Jr Svv+SrL? ?r, 09/29/15/65472/000/0002 0 5 IM I JS 11,1422-110 0 0 )00'70 . 1. -} Oe 80 0.482 acres ( 7_.t, 9 SS. 9 L (acres, square feet) PROPOSED USE(S) AND SIZE(S): Construct a 998.5 sf, 6 slip multi-use dock to be used by the homeowners of Palm Bluff Preserve. (number of dwelling units, hotel rooms or square footage of nonresidential use) DESCRIPTION OF REQUEST(S): Construct a 998.5 sf, 6 slip multi-use dock to be used by the homeowners of Palm Bluff Preserve. Attach sheets and be specific when identifying the request (include all requested code deviations: e.g. reduction in required number of parking spaces, specific use, etc.) Request length variance of 47.3 ft. Dock length is 187.2 ft, measured from the seawall to the most waterward structure. 75% of the property width, as measured at the waterfront, is 139.9 ft (0.75 x 186.6 ft = 139.9 ft). 187.2 ft - 139.9 ft = 47.3 ft. 93 c C d ccC3, vv Oe Page 1 of 6 - Flexible Development Application- City of Clearwater DOES THIS APPLICATION INVOLVE THEWNSFER OF DEVELOPMENT RIGHTS (TDR), A PREVIOUSLY APPROVED PLANNED UNIT DEVELOPMENT, OR A PREVIOUSLY APPROVED (CERTIFIED) SITE PLAN? YES NO ° (if yes, attach a copy of the applicable documents) C. PROOF OF OWNERSHIP: (Code Section 4-202.A.5) El SUBMIT A COPY OF THE TITLE INSURANCE POLICY, DEED TO THE PROPERTY OR SIGN AFFIDAVIT ATTESTING OWNERSHIP (see page 6) D. WRITTEN SUBMITTAL REQUIREMENTS: (Code Section 3-913.A) El Provide complete responses to the six (6) GENERAL APPLICABILITY CRITERIA - Explain how each criteria is achieved, in detail: 1. The proposed development of the land will be in harmony with the scale bulk, coverage, density and character of adjacent properties in which it is located. The development is for single family homes which are in character with the neighborhood. To minimize environemntal impact a single docking structure is proposed having 6 slips. Please see attached response to Pre-DRC comments. 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. The dock will not hinder the construction of docks on the adjacent properties. Please see attached response to Pre-DRC comments. 3. The proposed development will not adversely affect the health or safety or persons residing or working in the neighborhood of the proposed use. The dock is for the exclusive use of the homeowners. The construction of the dock should have no negative impact on the health and safety of persons working or residing in the neighborhood. Please see attached response to Pre-DRC comments. 4. The proposed development is designed to minimize traffic congestion. The docks are for the exclusive use of the upland property owners and, as such, should not generate any additional traffic to the site. Please see attached response to Pre-DRC comments. 5. The proposed development is consistent with the community character of the immediate vicinity of the parcel proposed for development. As noted in item 1, the dock has been designed to minimize environmental impacts and is in harmony as to scale with other docks in the the area. Please see attached response to Pre-DRC comments. 6. The design of the proposed development minimizes adverse effects, including visual, acoustic and olfactory and hours of operation impacts, on adjacent properties. The proposed dock will not have any adverse impacts acoustically or visually. Please see attached response to Pre-DRC comments. za UU LL 0 Provide complete responses to the applicable flexibility criteria for the specific land use as listed in each Zoning Distrigthicf;4 requested (use separate sheets as necessary) - Explain how each criteria is achieved, in detail: (1? W ? Page 2 of 6 -- Flexible Development Application- City of Clearwater 0 0 E. 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 F. SUPPLEMENTAL SUBMITTAL REQUIREMENTS: (Code Section 4.202.A) Q SIGNED AND SEALED SURVEY (including legal description of property) - One original and 14 copies; ? TREE SURVEY (including existing trees on site and within 25' of the adjacent site, by species, size (DBH 4" or greater), and location, including drip lines and indicating trees to be removed) - please design around the existing trees; Q LOCATION MAP OF THE PROPERTY; ? PARKING DEMAND STUDY in conjunction with a request to make deviations to the parking standards (ie. Reduce number of spaces). Prior to the submittal of this application, the methodology of such study shall be approved by the Community Development Coordinator and shall be in accordance with accepted traffic engineering principles. The findings of the study will be used in determining whether or not deviations to the parking standards are approved; ? GRADING PLAN, as applicable; ? PRELIMINARY PLAT, as required (Note: Building permits will not be issued until evidence of recording a final plat is provided); COPY OF RECORDED PLAT, as G. SITE PLAN SUBMITTAL REQUIREMENTS: (Section 4-202.A) Q SITE PLAN with the following information (not to exceed 24" x 36"): All dimensions; North arrow; Engineering bar scale (minimum scale one inch equals 50 feet), and date prepared; _ Location map; _ Index sheet referencing individual sheets included in package; Footprint and size of all EXISTING buildings and structures; Footprint and size of all PROPOSED buildings and structures; All required setbacks; _ All existing and proposed points of access; _ All required sight triangles; - Identification of environmentally unique areas, such as watercourses, wetlands, tree masses, and specimen trees, including description and location of understory, ground cover vegetation and wildlife habitats, etc: Location of all public and private 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 an d lift stations, gas and water lines; _ All parking spaces, driveways, loading areas and vehicular use areas; - Depiction by shading or crosshatching of all required parking lot interior landscaped areas; _.. Location of all solid waste containers, recycling or trash handling areas and outside mechanical equipment and all required screening (per Section 3-201(D)(i) and Index #701): Location of all landscape material; _ Location of all onsite and offsite storm-water management facilities; _ Location of all outdoor lighting fixtures; and Z _ Location of all existing and proposed sidewalks, Ly U-1 o Q ? SITE DATA TABLE for existing, required, and proposed development, in wntten/tabular form: r i feet and acre L d ? y LU n square _ an a ea s; lli it N f EXISTING d b W J um er o we ng un s: lli it N f PROPOSED d b Z we ng un = um er o s; LU fl d h O W O Gross oor area devote to eac use; C Z ..7..., ... ..,.,r,.,,,,.. ,. rF,,,.,?...,.,- ...y ?., .wv, 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. Q REDUCED SITE PLAN to scale (8'/z X 11) and color rendering if possible; ? _ _ _ _ FOR DEVELOPMENTS OVER ONE ACRE, provide the following additional information on site plan: One-foot contours or spot elevations on site, Offsite elevations if required to evaluate the proposed stormwater management for the parcel; All open space areas; Location of all earth or water retaining walls and earth berms; Lot lines and building lines (dimensioned); Streets and drives (dimensioned); Building and structural setbacks (dimensioned); o Structural overhangs; p N Tree Inventory; prepared b a "certified arborist° of all trees 8" DBH or reater, rreflecting size. canopy (drip line condi on .- Z M to LM Q Q 3 trees, ,_^ V LLI J H LANDSCAPING PLAN SUBMITTAL REQUIREMENTS: (Section 4-1102.A) O iX U_J z Q ? LANDSCAPE PLAN: t!J Z s All existing and proposed structures; Names of abutting streets; Drainage and retention areas including swales, side slopes and bottom elevations; Delineation and dimensions of all required perimeter landscape buffers: Sight visibility triangles; _ Delineation and dimensions of all parking areas including landscaping islands and curbing; _ Proposed and required parking spaces; _ Existing trees on-site and immediately adjacent to the site, by species, size and locations, including driplrne (as indicated on required tree survey); Plant schedule with a key (symbol or label) indicating the size, description, specifications and quantities of all existing and proposed landscape materials, including botanical and common names; _ Location, size, and quantities of all existing and proposed landscape materials, indicated by a key relating to the plant schedule; Typical planting details for trees, palms, shrubs and ground cover plants including instructions, soil mixes, backfilling, mulching a nd 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); ? IRRIGATION PLAN (required for level two and three approval); ? COMPREHENSIVE LANDSCAPE PROGRAM application, as applicable. 1. BUILDING ELEVATION PLAN SUBMITTAL REQUIREMENTS: (Section 4-202.A.23) Required in the event the application includes a development where design standards are in issue (e.g. Tourist and Downtown Districts) or as part of a Comprehensive Infill Redevelopment Project or a Residential Infll Project. ? BUILDING ELEVATION DRAWINGS - all sides of all buildings including height dimensions, colors and materials; ? REDUCED BUILDING ELEVATIONS - four sides of building with colors and materials to scale (8 % 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. ? All PROPOSED freestanding and attached signs; Provide details including location, size, height, colors, materials and drawing; freestanding signs shall include the street address (numerals) ? Comprehensive Sign Program application, as applicable (separate application and fee required). ? Reduced signage proposal (8'%X 11) (color), if submitting Comprehensive Sign Program application. Page 4 of 6 -- Flexible Development Application- City of Clearwater K. TRAFFIC IMPACT STUDY: (Section 4-202.A.13 and 4-801.C) include as required if proposed development will degrade the acceptab'e level of service for any roadway as adopted in the Comprehensive Plan. Trip generation shalt be based on the most recent edition of the Institute of Transportation Engineers Trip General Manual. Refer to Section 4801 C of the Community Development Code for exceptions to this requirement. L. SIGNATURE: t, the undersigned, acknowledge that all representations made in this application are true and accurate to the best of my knowledge and authorize City representatives to visit and photograph the property described in this application. Signature of property ovmer or representative Alan L. Wsne. Manager, Wisne Development, LLC STATE OF FLORIDA, COUNTY OF PINELLAS to arlo subscribed before me this day of C! -fK A.D. 2004 to me and/or by who is personally known has produced ?4-r ; as My commission expires: LANE BARNETTDELOREY MY COMMISSION DD561204 EXPIRES: Jun 6.2010 (407) 39"153 INCOMPLETE LETTER O(. / 2'1 / O4 COMPLETE LETTER 0.7 / /O (o PHOTOGRAPHS MAPS DRC DATE STAFF REPORT / 1 ? O t? ?+ AGENDA Q CONSENT AGENDA CDB DATE DEVELOPMENT ORDER ORIGINAL RECEIVED OF-C 14 2066 PLANNING DEPARTMENT CITY OF CLEARWATER Page 5 of 6 - Flex;ble Development Application- City of Clearwater 0 0 AFFIDAVIT TO AUTHORIZE AGENT: Wisne Development, LLC (Names of ail property owners on deed - please PRINT full names) f That (I amiare are) the owner(s) and record title holder(s) of the following described property (address or general location): 09129115/65472/000/0002 2. That this property constitutes the property for which a request for a. (describe request) Multi-family residential dock with 6 slips with a dock length variance of 47.3 feet (see response to item B, sheet 1 of 6. 3. That the undersigned (has/have) appointed and (does/do) aapoink Sherry Bagley and/or Bill Woods, Woods Consulting as (hisriteir) agent(s) to execute any petitions or other documents necessary to affect such petition; 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 site visits to the property are necessary by City representatives in order to process this application and the owner authorizes City representatives to visit and photograph the property described in this application; 6 That (Ihate), the undersigned authority, hereby certify that the foregoing is true and correct. operty Owner Alan L Wisne, Manager Property Owner Wisne Development, LLC Property Owner Properly Owner SI*All' 01" FLORIDA, COUNTY OF PINELLAS 14-1k- efore m . the undersigned, an officer duly commissioned bi the laws of he Tate of Florida, on this !( day of 2dL 6 personally appeared ???- «+? who haven been first duty sworn Deposes and says that he/she fully understands the contents of the affidavit [fiat he/she signed. ?f)9,?F 5r\RNETTDELOREY Notary Public P.1y Commission Expires: MY COMMISSION # DD561204 'cr tole EXPIRES: June 6.2010 ORIGINAL 5 if?ammng Depanrtenlt4pplication Form sidevelopment reviewitle.rrole tlevelopment :pplicaOon 2001 rlor, RECEPIED DEC 141006 PLANNING DEPARTMENT CITY OF CLEARWATER Page 6 of 6 - Flexible Development Application- City of Clearvaier SCALE:NTS MULTI-FAMILY DOCK Oplication # (OFFICIAL USE ONLY) TABLE OF CONTENTS SHEET 0 - TABLE OF CONTENTS SHEET 1 - LOCATION MAP SHEET 2 - EXISTING CONDITIONS WITH COLOR AERIAL SHEET 3 - PROPOSED DOCK SHEET 4 - SETBACKS SHEET 5 - BENTHIC / BATHYMETRY SHEET 6 - PROPOSED DOCK DETAILS SHEET 7 - PROPOSED DOCK DETAILS SHEET 8 - PROPOSED DOCK DETAILS SHEET 9 - CROSS SECTION A - A' SHEET 10 - WATERWAY WIDTH SHEET 11 - FIRE PROTECTION NOTATIONS SHEET 12 - FIRE PROTECTION SCHEMATIC SHEET 13 - FIRE HYDRANT LOCATION 1- z W J N < Q (? LJJ ?' QW U '- O ot >; z ? Z z PALM BLUFF TOTAL SQUARE FEET 998.5 253 9' WOODS CONSULTING . WATERWAY WIDTH 3 1714 COUNTY ROAD 1, SUITE 22 TABLE OF CONTENTS WATERFRONT WIDTH 186.6' MHW +1.3' MLW -0.7, DUNEDIN FL 34698 PH. (727) 786786--7479 5747 FAX (727) *ELEI/.4T10NS REFERENCE NO110-1929 FAX SHEET _Q_ Tue, 12 Dec 2006 - 4:37pm P:\Palm Bluff Feasibility Study (237-05)\Cad\MASTER REV 3.dwg MUNICIPALITY ENGINEER'S SEAL, m40 O ? e (} ?. O K O ` =Fvv :vr ;4? ? awI? •• U i ?•• 3 O(v w? \ to W SCALE:NTS MULTI-FAMILY DOCK pplication # (OFFICIAL USE ONLY) - - PROJECT LOCATION 1202 SUNSET DR ('. POOL & RECREATI ON AREA. ' PARCEL ID NO., C LEARWAjTER EACH 09-29-15-65472-000-0002 940 FT I INN% II `SLY i tom. , d1 a- ? W oT D REV 6! ' i p? = `• i? 3w "" ? ' ` OLEYEL g PALM BLUFF WOODS CONSULTING TOTAL SQUARE FEET 998.5 WATERWAY WIDTH 3253.9' 1714 COUNW ROAD 1• SUITE 22 LOCATION MAP DUNEDIN FL 34698 WATERFRONT WIDTH 186.6' MHW +1.3' MLW -0•7. PH. (727) 786-5747 FAX (727) 786-7479 *,CZCV4)70NS REFERENCE NOW-1929 SHEET -1- Tue, 12 Dec 2006 - 4:37pm P:\Palm Bluff Feasibility Study (237-05)\Cad\MASTER REV 3.dwg MUNICIPALITY ENGLN,EE'R'S;SEAL ,' It ' ?•` ? fi ? ORIGINAL r. * t /y RECEIVED :.Q.• ?' oo'T m DE C 14 2@06 - PLANNING DEPARTMENT CITY OF CLEARWATER ° a .. iu'. 1 11 E PALM BLUFF MULTI-USE DOCK TOTAL SQUARE FEET 998.5 WOODS CONSULTING WATERWAY WIDTH 3253.9' 1714 COUNTY ROAD 1. SUITE 22 EXISTING CONDITIONS WATERFRONT WIDTH 54.17' 7' HW +1 3' MLW -0 DUNEDIN FL 34698 . . M PH. (7275 786-5747 FAX (727) 786-7479 *Rf-kl )70NS REFERENCE NOW-1929 SHEET 2 MUNICIPALITY ENGI EE'R'S SEAL • n Qm? % . 0. ) Lo U • ??? Ho,/ NN i UQ du ?t' u REVISED: 06/28/2006 SCALE: 1" = 60' ¦ MULTI-FAMILY DOCK plication # (OFFICIAL USE ONLY) ¦ ! "A WOODS CONSULTING PALM BLUFF 1714 COUNTY ROAD 1. SUITE 22 EXISTING CONDITIONS DUNEDIN FL 34698 PH. (727) 786-5747 FAX (727) 786-7479 'ELEV. MNS REFERENCE NGPD-1929 rv J tll •I? TOTAL SQUARE FEET 998.5 WATERWAY WIDTH 3253.9' WATERFRONT WIDTH 186.6' MHW +1.3' MLW -0.7' SHEET 2 ` ... ORIGINAL- n?c QECEIVED S9 m oRoo S 9,20 ...i' • 1. ? I-?NN QW t?l\ DEPARTMEII :•'' ?3? N P'7 vuANNING ? 0 W of CLEAR\ REVISED: 06/28/2006 IN SCALE: 1" = 40' i MULTI-FAMILY DOCK O plication # (OFFICIAL USE ONLY) 59. 5 2.5 (TYP.) A' U? D O O O O O O OOOO O I -26.0- 26.0 0 C\I I a 27.8 27.8 0 v I 4.0 cc6 I I Y M I? N Z) I (V lO 0 X 00 > I I D ? m m I ?I D I x D z? z I r - zl m I m SEAWALL A SEE SHT 9 FOR CROSS SECTIOIN PALM BLUFF TOTAL SQUARE FEET 998.5 ' WOODS CONSULTING WATERWAY WIDTH 3253.9 1714 cOUNW ROAD i. SUITE 22 DUNEDIN FL 34698 PROPOSE D DOCK WATERFRONT WIDTH 186.6' MHW +1.3' MLW -0.7' PH. (7275 786-5747 FAX (727) 786-7479 'ELEl6477ONS REFE RENCE NOVO-1929 SHEET 3 Tue, 12 Dec 2006 - 4:38pm P:\Palm Bluff Feasibility Study (237-05)\Cad\MASTER REV 3.dwg , • • 1, S A " STATE MUNICIPALITY ENGINE R'S SEAL, ? ? ORIGINAL RECEIVED ; ; •?.,? ''':• ?, W ;,•• `ri > '" •; om'T o CrEC '14 2@06 r.•i U • j'oaoo :. Co Co PLANNING DEPARTMENT (f = Y GT r K N N CITY OF CLEARWATER TIIt••E / a totu SCALE: 1" = 40' • MULTI-FAMILY DOCK Wplication # (OFFICIAL USE ONLY) . . . . . . 66.1 - j . L 39.0 79 .1 53.1 U 0 ZJ o ° ? I I D D m I rn ? Iv m I D Z I Z I F_ r z I Z m m I SEAWALL PALM BLUFF TOTAL SQUARE FEET 998.5 ' WOODS CONSULTING WATERWAY WIDTH 3253.9 1714 COUNTY ROAD 1, SUITE 22 DUNEDIN FL 34698 SETB ACKS WATERFRONT WIDTH 186.6' MHW +1.3' MLW -0.7 PH. (727 786-5747 FAX (727) 786-7479 '`ELEVAT/ONS REFE RENCE NOW-1929 SHEET 4 Tue, 12 Dec 2006 - 4:38pm P:\Palm Bluff Feasibility Study (237-05)\Cad\MASTER REV 3.dwg STATE MUNICIPALITY ENGINEER'S SEAL Vill Q4 ORIGINAL .... t. RECEIVED ?• , <,t Co ?•';' I j ?, -89, : 66 ANNING DEPARTMENT P L CITY OFCLEARWATER ; • . ,e? Ln ?/ ? ? v SCALE: 1" = 40' . MULTI-FAMILY DOCK Wpliication # (OFFICIAL USE ONLY) w. O y _ w 0,. w N W y w e >...w.?.•-•-.?<?? " J J a Oa w0 ° ` ? w Y Y W cV " w y _? ? DO,ya 4 00.1 wV. J ` w a _ . , J r wp?5"© '- J w ., w w J ,, b a . w_. . J u J w w .. w ° ° ,. V . w J y DO IJZ) ww W. J N wS?. " w r ?1.J . ? ti w " ` ? y es' . w . yLr). . ?.,,.._ V W -. @ a ETpEpTH J o0 J ..w.w" >ywW?" sa wW a - °.- r " Ww uo ."Jw y w00 y w a r x w w J ,pt,_ a a ,t- a. " a .. p.- w . w w + z <, a , e• + w Lr') J ` ?- " • » ` w r J •> . 0 w 7 ' o . J w » w 1 w a a .. w w • w ? w J ? w?. ? w J w J r w.- w w ? y y? CUBAN SHOAL GRASS w Lo , w w m > w w? m ? ? w J ?J J" w w ? a a (HALODULE WRIGHTII) . w J w "y"w`aaw??`.` aw J"www°.??"ww.awyr`waw°w .a w° %" 85 - 100% COVERAGE .wr"a"ywW .y w?n_ aJ?? awwaJJ. r,y J ?•, , aJ. INTERSPERSED WITH .°w " w r J www>"a`,. _ d y w."owb". TURTLE GRASS ya. co (THALASSIA TESTUDINUM) & " MANATEE GRASS y a o ° (SYRINGODIUM FILIFORME) " o u v _ _ . w #. a ? „ w .r ,. w w W*„ w a w w '? w ?" J• ,. " u a. ., ` .:.?., a w •. m ., r .. w v w r v w e" a. v w " v J w .. v a v J" v ?" v a .P ?00 w w J" .J J v ° V a a ... Y` W a J?+ "" J J v W b" ` e µ v W s v+ r y 4 W Y" N O •- N? y J ?• O a > 00 ?" . w DD U-) OD ° SEAWAt-L o 0 7i 0 1 PALM BLUFF TOTAL SQUARE FEET 998.5 ' WOODS CONSULTING WATERWAY WIDTH 3253.9 1714 COUNTY ROAD 1, SUITE 22 BENTHIC / DUNEDIN FL 34698 B ATHYMETRY WATERFRONT WIDTH 186.6' MHW +1.3' MLW -0.7' PH. (727) 786-5747 FAX (727) 786-7479 DATA PRO MEO AS DEPT HS AT MEAN LOGY GYATER SHEET Tue, 12 Dec 2006 - 4:38pm P:\Palm Bluff Feasibility Study (237-05)\Cad\MASTER REV 3.dwg MUNICIPALITY ENGINEER'S SEAL . 7-/ ? r mss r. . ;. ?? U Ij cm ? Y . m \ . ? -ooo o • N es N \ F , K '. STA IU" Cm F L ' •• ?? Ill J 1 \ / ' \? - 1 SCALE: NTS Opplication # (OFFICIAL USE ONLY) GENERAL DOCK NOTES: 1. ALL DECKING TO BE TRIMMED, BOTH SIDES. 2. ALL PILINGS TO BE SEATED W17H A FREE FALLING HAMMER IF WATER JETTING IS /NSTALLA77ON METHOD. ALL PILES TO BE TRIMMED SAME HEIGHT 3. PILING CENTER TO CENTER SPACING ON ALL FIXED DOCKS TO BE 10' NOMINAL. 4' AND NOT TO EXCEED 12' 4. DOCK FRAMING AND DECKING TO BE CONSTRUCTED USING STAINLESS STEEL e e SCREWS (SCREWS TO BE TYPE SPECIFIC FOR MATERIAL UTILIZED) e 5. WOOD DECK BOARD SPACING AT TIME OF INSTALLATION NOT TO EXCEED 1/8" e e TO ALLOW FOR CURING COMPOSITE DECK SPACING NOT TO EXCEED 1/4". 6. ALL DOCK FRAMING OTHER THAN DECKING TO BE MINIMUM GRADE 2 LUMBER. SECTION A-A 7. RASP OR FEA7HER ALL SAWCUTS. NAILING PATTERN 8. ALL CONSTRUC77ON TO MEET OR EXCEED COUNTY REOUIREMENTS LISTED IN AT LAP JOINTS SECTIONS 166-(332, 333, & 334) OF THE PINELLAS COUNTY WATER AND NAVIGATION CONTROL AUTHORITY REGULA77ONS MANUAL NOW. 3' 9. CCA WOOD NOT ACCEPTABLE FOR DECKING OR RAILING MATERIALS. WOOD TREATMENT AS FOLLOWS ARE ACCEPTABLE.- ALKALINE COPPER QUATERNARY (A CO), COPPER AZOLE (CA) AND COPPER BORON AZOLE (CBA). ° 10. 518" GALVANIZED FASTENERS ARE NOT TO BE USED IN WOOD WITH AZOLE e TREATMENTS. USE 3/4" STAINLESS STEEL FASTENERS ONLY (TYPE 304 OR 3 16). SECTION B-B NAILING PATTERN FOR DOUBLE STRINGER LAP JOINT PATTERN FOR DOUBLE STRINGERS A A B B (N78) INTERMEDIATE STRINGER ELEC77?IC CONDUIT LAP JOINT DOUBLE S7RING£RS MIN. 4' OVERLAP PVC WATER LINE MIN. 4' BE7WEEN JOINTS I rjI (N ) I rJ I DOUBLE STRINGERS INTERMEDIATE MIN. 2' OVERLAP STRING RS 00 0 e e e e =IN TERMEDIA 7E STRINGER e • e e I 12' MAX. DC _ I i 10' NOMINAL SPACING O. C. e e e EITHER 5/4"x6" SAWN BRAZILIAN HARDWOOD, TREX HS24 COMPOSITE UTILITY SECTION VIEW ONE SCREW INTO EACH DECKING OR EQUIVALENT (N TS) DECK SCREW PATTERN (N7S) PALM BLUFF WOODS CONSULTING 1714 COUNTY ROAD 1, SUITE 22 DOCK DETAILS DUNEDIN FL 34698 MHW +1.3' MLW -0.7' PH. (727 786-5747 'ELE16471ONS REFERENCE NOW-1929 FAX AX (727 786-7479 SHEET Tue, 12 Dec 2006 - 4:38pm P:\Palm Bluff Feasibility Study (237-05)\Cad\MASTER REV 3.dwg MUNICIPALITY ENGINEER'S SEAL ORIGINAL U RECEIVED > ..... .. > SO M 14 2006 c1 0000 ? 4•=` , r ?a?m =*;11)? ?oLU11), LANNING DEPARTMENT . 1 • • - W n - 1 ? P CITY OF CLEARWATER • .? Qwrn ?S -? LL. / /t , I ? ti U SCALE: NTS pplication # (OFFICIAL USE ONLY) 4.0' EITHER 5/4'x6" SAWN HANDRAIL (WHERE APPLICABLE) BRAZILIAN HARDWOOD, STANCHIONS PLACED 5.0' O.C. OR COMPOSITE DECKING 2" X 6" 2" X 10" INTERMEDIATE STRINGER MAX. 2.0' 2" X 4" O.C. CCA.60 RET. 42" 2"X6" STANCHIONS SEE SHEET 9' FOR ELEVATIONS COUNTERSINK ALL BOLTS RAILING TO BE FASTENED TO STRINGERS ADJACENT TO BOAT SLIPS. 0 W/ SHORT BOLT, AND FASTENED TO PILE WITH LONGER BOLT WHEN AVAILABLE ALL BOLTING TO BE 5/8" HOT DOUBLE STRINGER 2" X 10" DIPPED GALVANIZED MIN, 3/4' 0 0 #2 S4S CCA.60 RET. STAINLESS STEEL RECOMMENDED 0 0 2" X 10" #2 S4S CCA c .60 RET. ONE EACH SIDE CROSS BRACE 2" X 10" , CCA 2.5 RET 0 0 ONE EACH SIDE IN WATER 0 0 DEPTH OVER 8'. NOTE: DECK BOARDS TO BE TRIMMED BOTH SIDES. 8" TIP PILING 2.5 C.C.A. RET. ' NOTE: PENETRATION SET BUTT DOWN, 8.0 ALL INTERMEDIATE STRINGERS TO BE LAP JOINTED AT BENTS 2.0' MIN. PALM BLUFF WOODS CONSULTING 1714 COUNTY ROAD 1, SUITE 22 DUNEDIN FL 34698 DOCK DETAILS MHW +1.3' MLW -0.7' PH. (7275 786-5747 FAX *ELEk1AT/ONS REFERENCE NOkD-1929 FAX (727) 786-7479 SHEET _L Tue, 12 Dec 2006 - 4:38pm P:\Palm Bluff Feasibility Study (237-05)\Cad\MASTER REV 3.dwg MUNICIPALITY ENGINEER'S SEAL \`\I I 1111I ???? Lu ma ORIGINAL o ? . ;??•''•.. ' y : aN o RECEIVED \ ` Oo0m .. ?f v !U nnn AA _ 0 00 _ J MANNING DEPARTMENT cl? r •//?y "RLKNN o ; w CITY OF CLEARWATER SCALE: NTS pplicotion # (OFFICIAL USE ONLY) RECYCLED PLASTIC CAPS ON ALL JI EXPOSED PILE TIPS, FASTEN WITH 2 5' - S.S. NAILS (TYP.), CAPS SHOULD I BE NO MORE THAN 1/4" LARGER THAN TRIMMED PILE DIMENSION. ELEV. = 10.0' MAX. ROPE STOPS frl ±6.0' EITHER 5/4"x6" SAWN 2" X 10" STRINGER BRAZILIAN HARDWOOD, MAX. 2.3' O.C. CCA .60 RET. OR COMPOSITE DECKING DOUBLE STRINGER 2" X 10" #2 S4S CCA .60 RET. COUNTERSINK ALL BOLTS 2" X 10" #2 S4S CCA ADJACENT TO BOAT SLIPS. 60 RET. ONE EACH SIDE 0 0 0 0 0 o NOTE: ° 0 0 DECK BOARDS TO BE TRIMMED BOTH SI DES. CROSS BRACE o 0 0 NOTE: 2" X 10" , CCA 2.5 RET o ° ALL INTERMEDIATE STRINGERS TO BE ONE EACH SIDE IN WATER LAP JOINTED AT BENTS 2.0' MIN. DEPTH OVER 8'. 8" TIP PILING 2.5 C.C.A. RET. SET BUTT DOWN, 8.0' PENETRATION TYPICAL FINGER PIER NOTE: FINGER PIER PILE BENT AT MAIN DOCK INTERSECTION TO HAVE DOUBLE PILE CAP ON WATERSIDE OF BENT. INTERMEDIATE PILE BENT TO HAVE SINGLE CAP EACH SIDE OF BENT. OUTBOARD PILE BENT TO HAVE DO UBLE PILE CAP ON MAIN DOCK SIDE , NO CAP ON WATERSIDE. PALM BLUFF WOODS CONSULTING 1714 COUNTY ROAD 1, SUITE 22 DUNEDIN FL 34698 DOCK DETAILS MHW +1.3' MLW -0.7' PH. 727) 786-5747 *ELE11A rIONS REFERENCE NGVO-1929 FAX 727) 786-7479 SHEET ? Tue, 12 Dec 2006 - 4:38pm P:\Palm Bluff Feasibility Study (237-05)\Cad\MASTER REV 3.dwg MUNICIPALITY ENGINEER'S'SEAL ORIGINAL ?? ?? j ?' `" m RECEIVED . * ' ' m c ° ° o ° - ?? • ?' . . i u1 n ?• ?? _; a _ ; ?? 2[?U6 fl i{ T : r J wNN v •? r ?• lL?"'? 9,ANNING DEPARTMEN i •''••• `? ? k r?? -I-, nF C'IFAMATER . ; ?'?, ' ?'>a??'`? SCALE: 1" = 10' • MULTI-FAMILY DOCK pplication # (OFFICIAL USE ONLY) SEE SHEET 3 FOR CROSS SECTION LOCATION 175.2' 42" HANDRAIL SEAWALL ELEV + 5.3 NGVD-29 MHW = 1 3' +5.0 MHW . MLW = -07- 10.0 NOMI NAL SEAFLOOR 0 MAX 12 CROSS SECTION A - . A' 4.0' 175.2' 8.0' +10.0' ELEV MAX EV = +4.00' MHW = 1.3' MLW=-0.7' PALM BLUFF TOTAL SQUARE FEET 998.5 ' WOODS CONSULTING WATERWAY WIDTH 3253.9 1714 COUNTY ROAD 1, SUITE 22 DUNEDIN FL 34698 CROSS SECTION WATERFRONT WIDTH 186.6' MHW +1.3' MLW -0.7' PH. (727 786-5747 FAX AX (727) ) 786-7479 *ELE0..4T/ONS REFERENCE NOW-1929 SHEET 9 Tue, 12 Dec 2006 - 4:39pm P:\Palm Bluff Feasibility Study (237-05)\Cad\MASTER REV 3.dwg MUNICIPALITY ENGINEER'S SEAL ORIGINAL ?\.?+'? 111?'d ?•,, 4 ?-i. s RECEIVED it ? ?'• •••• ? 'wn 01C10? ? •. o . O .'.omvm r . ? f , Q':• .. Zip m mv fl o 0 • ICI ti 39 6 °= >kt Lmn PLANNING DEPARTMENT CITY OF CLEARWATER - A / ?? SCALE: NTS SINGLE FAMILY DOCK pplication # (OFFICIAL USE ONLY) ? r .?4^ ^l? 7 i r n?x '•???+ ?sy` "S y u 1 ,?y .} S J • f _: ?.. 'f+ c• ,''~ 2' ° .{ t °r, 1 t a I ? ? A 5? [ r r 3 r ? 1 Y L .t P z y ?. ' W-0 i y t ? r / ? L ? p r 31 f? ? G ? ? p 7 ? i T 1 l fi At ?S,z a 3i ?_ r (Q' PALM BLUFF WOODS CONSULTING 1714 COUNTY ROAD 1. SUfrE 22 WATERWAY WIDTH ' UNEDIN FL 34698 MHW +1.3' MLW -0-7 FAX (727) 86786-5747 7479 *ELEIG4T/ONS REFERENCE NG!?7-1929 SHEET 10 MUNICIPALITY ENGINEER'S SEAL 111111./,/ RIGINAi \\ y'/ \` s?t0 BSI ?'? v > . ' • . • N ,??. '? o m'T °m RECEIVED • • Qcnr oRoo •. ? : n cm 9 N N Q JC t,N'NING DEPARTMEW - ? OF CLEARWATER ku? U // \ /?// X11\ SCALE: NTS . pplicotion # (OFFICIAL USE ONLY) FIRE LINE NOTES 1. ALL FIRE MAINS TO BE 6" OR 4" PVC, AWWA 2. ALL FIRE LINES TO BE PRESSURE TESTED TO 300 PSI FOR 2 HOURS, FLUSHED BEFORE CONNECTING TO STANDPIPE SYSTEM. 3. PIPING THRU SEAWALL TO BE GALVANIZED SC 40 WITH GALVANIZED FITTINGS AND HANGERS. FIRE LINE HANGERS AND ATTACHMENTS TO BE STAINLESS STEEL AND SHALL BE DESIGNED TO RESTRICT VERTICAL MOVEMENT (UP OR DOWN). 4. ALL PIPE COUPLING TO BE COVERED WITH A CORROSION RESISTANT COATING. (NON-PVC COUPLING) 5. ALL UNDERGROUND PIPE TO BE DR14 300 PSI TESTED, ABOVE GROUND AND UNDER DOCKS, TO BE SCHEDULE 80 WITH UV RESISTANCE COATING. 6. SYSTEM TO BE IN ACCORDANCE WITH THE FOLLOWING NFPA STANDARDS, -NFPA 303, 1995 EDITION -NFPA 24, 1995 EDITION -NFPA 14, 2000 EDITION -NFPA-1, 2003 EDITION 7. TRANSITION PIPING BETWEEN UNDERGROUND AND EXPOSED PIPING TO BE DUCTILE IRON WITH APPROPRIATE FITTINGS AND RESTRAINTS 8. FIRE LINE CONTROL VALVES TO BE OS&Y TYPE WITH EPOXY COATING, 300 Ib. WORKING PRESSURE 9. ENTIRE SYSTEM TO BE TESTED AT 300 PSI FOR 2 HOURS. TESTING SHALL BE WITNESSED BY LOCAL FIRE DEPARTMENT PERSONNEL AND A CERTIFICATE OF TESTING AND FLUSHING FURNISHED PALM BLUFF WOODS CONSULTING 1714 COUNTY ROAD 1, SURE 22 FIRE PROTECTION NOTATIONS DUNEDIN FL 34698 MHW +11.3' MLW -0•7. PH. (727) 786-5747 FAX AX (727) 786-7479 '`ELEM71ONS REFERENCE NOW-1929 SHEET ? 1 Tue, 12 Dec 2006 - 4:39pm PAPalm Bluff Feasibility Study (237-05)\Cad\MASTER REV 3.dwg MUNICIPALITY ENGINEER'S1SE.4 F v ORIGINAL RECEIVED w ;,•, ,• < ?, , U t-? m - o ? .•• L , ` Q ?••. A DEC 14 2006 = * 'cow° PLANNING DEPARTMENT CLEARWATER _ :U -??^^ ' •••S „. ,-_`c Nr 1 •'?? ??` •• CITY OF . . C\1 < Woods Consu ting Environmental Permitting Marine Engineering Hydrogeology Land Planning 1714 County Road 1, Suite 22 December 14, 2006 Dunedin, FL 34698 John Schodtler City of Clearwater Planning Department 100 South Myrtle Clearwater, Florida 33756 Re: FLS2006-06038 Palm Bluff Multi-Use Docking Facility Response to DRC Fire Protection Comments Dear John: At the DRC meeting, Mr. Keller made several recommendations as regards fie protection. Please note that fire protection has been addressed on sheets 11,12, and 13 of the enclosed plans. We are providing a new fire hydrant on a 6" fire main to be located 44 feet from the pier/land intersection (please note we inadvertently left off this dimension on the plans, but the plans are to scale). We are also proposing to tap the new 6" main to construct a 4" fire main which will service the Fire Department Connections (FDC's) located at the pier/land intersection and also one on the main access dock. The plans enclosed are for the purpose of making the required commitment to provide the fire protection. The site Engineer, Zayac & Associates, will engineer the fire protection and include the fire protection provisions on the site plan that is under review by the City at this time,. Should you have any questions, please give me a call. My regards, Bill Woods Woods Consulting ORIGINAL RECEIVED PEC 14 2006 PLANNING DEPARTMEN.I CITY OF CLF..ARWATER cc: Roger Larson Mark Thompson (Wisne) PAPalm Bluff Feasibility Study (237-05)\Palm Bluff 26 response to City DRC comments re Fire protection.wpd Office: (727) 786-5747 Fax: (727) 786-7479 Email:billwoods@woodsconsulting.org SCALE: 1" = 40' pplication # (OFFICIAL USE ONLY) > . . . Z r>3 n t . o F-- 59.5 10 LB -ABC FIRE 30.0 EXTINGUISHER FIRE NFPA 303 SECTION 4.2 FJ(TINGUISHER 2 1/2" 0 RISER i i W/ FDV ELECTRIC CONDUIT 1" PVC POTABLE WATER LINE '. 145.2 I I ! FIRE I POTABLE i' WATER ALL ABOVE GND PIPING 4" GALVANIZED PIPE W/ S/S HARDWARE AND UTILITY SECTION VIEW I I HANGERS 1i i i 4" X 1"TAP SEAWALL t 1" GATE VALVE I FOR POTABLE 2 1/2" 0 RISER o d. W/ FDV U? i O o CIf - LL It PALM BLUFF WOODS CONSULTING 1714 COUNTY ROAD 1, SURE 22 FIRE PROTECTION SCHEMATIC MHW +1.3' MLW -0.7 DUNEDIN FL 34698 PH. (727 786-5747 *ELEV.4T10NS REFERENCE NGl?O-1929 SHEET FAX AX (727) ) 786-7479 Thu, 14 Dec 2006 - 4:10pm PAPalm Bluff Feasibility Study (237-05)\Cad\MASTER REV 3.dwg MUNICIPALITY ENGINEER'S SEAL '? ? ORIGINAL v •? : ?. / > l- • RECEIVED ?.•• ?? •`• - ° m ° ' ? 2w. 0 :. Oo?to °o ` 1 5 2006 3o In) y • r fi`_ - ? J Ul e•' r ` < PLANNING DEPARTMENT 1 t r L A E-aF.?? \ =Qr ' CITY OF CLEARWATER '% .SOP ' ?•? 0 W SCALE: 1" = 40' Ipplication # (OFFICIAL USE ONLY) PROPOSED DOCK 4" X 1" TAP Z SEAWALL 1" GATE VALVE 4 ,A I FOR POTABLE 14- 2 1/2 O RISER I W/FDV I I ? I ? I I j - 2.5 x 2.5 x 4 4" CHECK VALVE 3.0' ' - - GND GALVANIZED PIPE .? I TO DOCK j : 4" PVC DR14 FDIC j r I o EXISTING SUNSET DRIVE - FIRE HYDRANT a: ; ! FDC I SIGN: FDC FOR DOCK USE ONLY PALM BLUFF WOODS CONSULTING 1714 COMM ROAD 1, SUITE 22 4 98 FIRE HYDRANT LOCATION MHW +1.3' MLW -0.7' DUNEDIN FL 3 6 PH. (727) 786-5747 IEZE-0471ONS REFERENCE NO0-1929 SHEET FAX (727) 786-7479 Thu, 14 Dec 2006 - 4:10pm P:\Palm Bluff Feasibility Study (237-05)\Cad\MASTER REV 3.dwg MUNICIPALITY ENGINEER'S SEAL NOTE: THE ABOVE SCHEMATIC IS INTENDED ?, \ I I I I i? ORIGINAL TO MAKE THE REQUIRED COMMITMENTS TO THE CITY \ ?/ ° RECEIVED FOR FIRE PROTECTION. ' r om m w n 15 2006 PRIOR TO DOCK CONSTRUCTION, NEERED PLANS TO: G : ?••0. l;i •' ' _ p°?oo No I APPLICANT WILL PROVIDE EN j?c THE CITY TO EFFECT THE PROVISION OF THE NEW; FIRE HYDRANT AND FDC'S f l C PLANNING DEPARTMENT . = •, ?? / =Q ? CITY OF CLEARWATER ?Q \ U SCALE: 1" = 60' • EXHIBIT A f4pplication # (OFFICIAL USE ONLY) 1 WOODS CONSULTING 1714 COUNTY ROAD 1. SURE 22 DUNEDIN FL 34698 PH. (727) 786-5747 FAX (727) 786-7479 PALM BLUFF COMPARISON EXHIBIT TOTAL SQUARE FEET 998.5 WATERWAY WIDTH 3253.9' WATERFRONT WIDTH 186.6' MHW +1.3' MLW -0.7' ca 0 F-I nU w? 2a Qo Z {? gU SCALE: 1 = 200 • EXHIBIT B CHARACTER OF THE AREA COMPARISON APPROXIMATE DIMENSIONS - a w•" J- 3 ? ,. ?!3'6J1?'W??"9S?+SP? L- .a. _. Atli - ..1?' ?,? WOODS CONSULTING PALM BLUFF WATERWAY WIDTH 3253.9' 1714 COUNTY ROAD 1, SUITE 22 COMPARISON EXHIBIT WATERFRONT WIDTH 55.3' DUNEDIN FL 34698 MHW +1.3' MLW -0.7' PH. (727) 786-5747 FAX (727) 786-7479 2005 COUNTY AERIAL N 40 BENTHIC & BATHYMETRY SURVEY 300 Palm Bluff St. & 1206 Osceola Ave., Clearwater Prepared for: Mr. Mark Thompson Wisne Develpoment, LLC 3408 Beacon St. Pompano Beach, FL 33062 Submitted by: Woods Consulting, Inc. 1714 County Road 1, Suite 22 Dunedin, FL, 34698 Office: 727-786-5747 Fax: 727-786-7479 Email: billwoods(c),woodsconsulting.ora October 13, 2005 ORIGINAL RECEIVED JUN 2 6 2006 PLANNING DEPARTMEN I CITY OF CLEARWATER Woods Cons"n g Environmental Permitting Marine Engineering Hydrogeology Land Planning October 13, 2005 Mark Thompson, Coordinator Wisne Development, LLC 3408 Beacon St. Pompano Beach, FL 33062 Re: Benthic Survey Report Dear Mr. Thompson: 1714 County Road 1, Suite 22 Dunedin, FL 34698 Woods Consulting, Inc. performed a Benthic Survey and Bathymetric Study for your Palm Bluff site located at 300 Palm Bluff St. And 1206 Osceola Ave. In Clearwater, FL. Staff, under the guidance of Sherry Bagley, Senior Scientist, performed the Benthic Survey and Bathymetric Study on October 5, 2005. The entire property area was assessed by swimming to note the occurrence of sea grasses, worm tubules, fish, crabs, oysters, algae, etc. and a total of 7 transects were swam to determine depths at Mean Low Water (M LW). . The survey area exhibits a hard sand bottom. A thin layer of green algae was present in the inter-tidal area. Barnacles (Balanomorpha) and oysters (Crassotrea virginica) were present along the existing seawall. Oysters were also attached to all the existing remnant dock pilings. Approximately half of the property is seawalled with the remaining portion in an unhardened state. Dense (85-100% coverage) Cuban Shoal grass (Halodule wrighth) begins 20 to 50 feet from the seawall and Mean High Water line (in the unseawalled portion), extending waterward to over 400 feet (please see the attached benthic survey map). The grass is present for the entire property width. Dense areas of Turtle Grass (Thalassia testudinum) and Manatee Grass (Syringodium filiforme) are interspersed with the Cuban shoal grass. Manatee grass becomes the dominate species at 150 to 200 feet from the shoreline. Striped (black) Mullet (Mugil cephalus) and lightening whelks (Busycon contrarium) were noted during the survey. The bathymetric study shows 1.5 feet of water depth (MLW) was met at approximately 90 feet from the seawall and 200 feet from the Mean High Water Line. 3 feet of water depth (MLW) was not met until over 400 feet from the seawall. These depth contours are displayed on the attached benthic survey map. If you have any questions, please call. My r Bards, ORIGINAL RECEIVED Sherry Bagley JUN 2 6 2006 Senior Scientist Woods Consulting, Inc. PLANNING DEPARTMENI PAPalm Bluff Feasibility Study (237-05)\Benthic\Benthic reportmiod CITY OF CLEARWATER Office: (727) 786-5747 Fax: (727) 786-7479 Email:biIlwoods@woodsconsulting.org W E sw a 0 S ?q W ?? V W V V W W? a V„ J J W„ ? V Y w V ? m w Y i i i i V i.? i G V W V V V V i J i W Y? /t[[(((??(1((( I W 1{j1 W ? V w Y V W„ a y? V Y ?? W V W V . f %i?+? , ?`i ??. ro V J y Y i? V Y W J J ? V V w W V ? ? ? ?? .r ru4 FXI$ I Y ?w V W V W V Y i w W W ?? ... J i '• TNGD I [?y V V 4 y V? Y ?.LO y r ° Y i V W y V W?? w J W W V W W V Y J V i i W frl•.? , OCK W A V W p' V W V W / ff. f W W W w V W r11 =y0 V W W V/ y y y I' V` J V i J v Y -?0y .y ¦ y W a V Y J V V W V i y y V y V y `l.fr i ?? ?' Y J V Y W? w i V i i W W i i i V i W ) p W M6.1.D 1? W ...?..w.,,. V V V J Y J V V Y J i W y V W i? W i i +0's?y V-.`0Y i V V V i V i i ?.I J J I r-JW 1, ? W V y V V W V Y y V V V V W •'?a,.?rp.Dy i y ,? Y y ./ /,,,(((111 ? I1 i V W V W li Y V W i W J ?'.V?,b? r1.4 ?„ W W V Y? 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'?1•S y r1.1) v /? v Y W ? ? ? w\ V V W W p' rt? -p,° V W w ?. /Y ?p V W V -1.?r i e Y i V ? v i\ V y y Y Y? W W V J + w ^r ?p.O ? ?. J W W V a\ Y ?. ?' JAA V V i \V W-+SV wry W Jrp•°I -1.D W v \Y i y V J WI .....?W r° °,° V W i w V \ V V ? p' V -r?'° i V] W 1` V ? W ? V J r1J1 a 1 V w v Y V ?\ ? V Y V Y rp'.l' i } W i ? i r V i Y -I'Y? A-3 J ? J"? a J i + Y a x J -?,e yy0 ? a ? i Y ii i i J -iS ? rl•e l-1 - e J? Y ? W J ? W V J a J W V V Orf• -1,b ? Y i f jS 11 ?'ZD' Yrie y J W J i Y i i J a w i Y -%°w rae i 1?? J?-?....JJ ? V y V W w? W 1` ? V rp.7 =' V v W ? w /.+'?/,) w l W ,Y1•D w i ?' ?? Y ? J I W J V V ? pW yy0 W-y° Y ? J V w! f v Ir a :1•S` ?rQ V ??L ?i?+? J r¢? V V V W w W 5 V y.p.° W -py V? llll. ?JlW J i W Jn i'?'-w.+.y"2Q 2S Y J J w i W W -U4 W V? y? W W a Y J J W` w i i i? W-'.}r..y ` i All. /J ro ? Y w w Z_iZ?° .J .,L+ O ? yc W V J V W W? ` " Y .1.3 y ?1.y W ((//y? a y? v ? J i w J a •`-d .+LL?`fye y f Y a v% W J a-0' Y y,Y' W ViWn J W i V V V W V W V 1- ??_ yr1.D v W Y W W b V i ? W i V W W ? V i i Y i J i ??? V-1.7i ?µ ? i V j•^ V V V Jwo.. V W V V V w Y ? ? ? V J i tV V ?rs-y ±` ? V W f1 V i J i ? ? Y V a YI? WN i ? V V{? W Y W V W i W i W i J W V . V y V V V V V ?+Y ? W i W V ? " V J w V V •` „ w W i ?VVVpff"' V V V V Q w i W V W? V W V W V W W V V ?` V V V V W Q? y Y W y? W W V V S Y /?+? W ?/'?\ V }\?? ,j?+++?( /?}W?+ Y W ?? i V Y . ii W?? i J VA ? i Y' V y V J.y VL??\Y?V'?l \1:- V i y V i V ? J ? V V V J ` ? V J i W ? W ? hW V W W ` i V i V ? V W V V„ V Y „ V J w W J V • J Y W W ? V J W v W i W V V ? w '. ? J W? W i J V Y Y" W? V V ? ? Y i • V V V V W V ?„ V w W J W V . W? V W? V J W W J V J . V W V V ... V W" Y Y W V V ORIGINAL OFf-FIVED It! 2006 A? 300 PALM BLUFF ST. CLEARWATER, FL 33755 09-29-15-65448-000-0100 PROJECT LOCATION pA?M 8L7uF PLAII?NYVG DEPARTMENT OI iY OF OLEARVATER WOODS CONSULTING, INC PALM BLUFF SCALE: 1"=80' 1714 COUNTY ROAD 1, SURE 22 DUNEDIN FL 34698 PH. 727 786-5747 FAX 727 786-7479 BENTHIC SURVEY MAP DEPTHS AT MEAN LOW WATER WATERWAY WIDTH t3.ZUU WATERFRONT WDTH 186' MHW +1.3' MLW -0.7' SHEET 1. Johnson, Pope LLP x/25/2006 1:08 PAGE 2/3Server LETTER OF NO OBJECTION Lot Owner's Name: Wisne Develooment Lot Owner's Address: Lot 7 of the Palm Bluff Subdivision Clearwater, FL 33755 cer* that I am the owner of the above property which adjoins the property owned by the applicant who proposes to Construct a:. Multi-Use Dock at the following address: Pool & Recreation Area (Tract°B") of the Palm Bluff Subdivision; Clearwater, FL 33755 I have no obj r t /osed structure(s) and DO NOT object to the variance in the length or the s' backs tha ay be required by the City of Clearwater, the Pinellas County WatCl and a ation, the rm Corps of Engineers, the Department of Environmental Probe do gency, or the S uthw Florida Water Management Dis=trict. I a co have no obl do t the encro of a_ tie pilings or docking structur into. Jr s within my rip tarr ' / Member ORIGINAL RECEIVED NO TAR 2 7 2006 TAR PLANNING DEPARTMENT STATE O FLORIDA, ,G'o COUNTY, BEFORE ME, the I@i?WATER authority, p rsonally. appeared John Breco well known to me, or who provided a valid Fla _da Driver's license to be the person who executed the foregoing instrument and that hets a acknowledged to tne. under oath, that he/she signed the same freely and volunta ' for the purps expressed herein, Witness my hand and official seal this day of Z3 G--- X 0 66 Notary Public NICKPALMISANO e,? o pDm? Notary Public, state ot Flo6da My commission expires: (-? commission# DD50980 Z My comm. expires June 11, 2010 Johnson, Pope UP /25/2006 1:08 PAGE 3/3 Server LETTER OF NO OBJECTION Lot Owner's Name.: Wisne. DeveloRment Lot Owner's Address: Lot 8 of the Palm Bluff Subdivision Clearwater. FL 33755 I certify that I am the owner of the ab©ve property which adjoins the property owned by the applicant who proposes to construct a: . Multi-Use Dock at the following address; Pool & Recreation Ares (Tract "B") of the `Palm Bluff Subdivision, Clearwater, FL 3,3755 I have no/6bioction to the proposed. stru re(s) and DO NOT abject to. the variance in the length or; he side se acks that may be quired by the City of Clearwater, the Pinellas County Water a'nd' Navig I rmy C s of .:Engirleers, the Department of Environmental Protectiara' A ene the So . f Florida Water Management District. I also have no objection' to the ncroachrnent a ny tie pilings or docking structures 0o area within my ing Member STATE OktLORUyA' Ul`d,-j rc 6 COUNTY, BEFORE ME, the undersigned autho ` , personally appeaTed John Greco , well known to me, or who Provided a I* Florida Driver's License to be the person who executed the foregoing instrument and that he/she acknowledged to me, under oath, that he/she signed the saute freely and voluntarily for the p i- i uses expressed herein. Witness my hand and official seal this??day of dG f 20 O14 - Notary Public hlpA .0 NICK PALMISANO Notary Public, State of Florida Commission# DD561980 My comm. expires June 11, 2010 My commission expires: D v ORIGINAL RECEIVED OC 2 7 2006 PLANNING DEPARTMENT CITY OF CLEARWATER 0 . % EXHIBIT "A" LEGAL DESCRIPTION LOTS 10, 11, 12, 13, 14, 15, 16, 18 AND THE SOUTH 5.00 FEET OF LOT 17, PALM BLUFF, ACCORDING TO THE MAP OR PLAT THEREOF, AS RECORDED IN PLAT BOOK 5, PAGE 14, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, TOGETHER WITH ANY AND ALL RIPARIAN AND LITTORAL RIGHTS THEREUNTO APPERTAINING. TOGETHER WITH PARCEL 3 BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF LOT 10 OF PALM BLUFF, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 14, PINELLAS COUNTY RECORDS, SAME BEING AT AVERAGE HIGH WATER LINE CLEARWATER BAY; THENCE WESTERLY 705 FEET ON AND ALONG THE PROJECTED SOUTH LINE OF SAID LOT 10; THENCE IN A NORTHERLY COURSE TO A POINT OPPOSITE TO AND PARRALLEL WITH THE PROJECTED NORTH LINE OF THE SOUTH 38.3 FEET OF LOT 11 OF SAID SUBDIVISION; THENCE EASTERLY 705 FEET TO THE NORTHWEST CORNER OF SAID 38.3 FEET OF LOT 11, SAME BEING AT THE AVERAGE HIGH WATER LINE OF CLEARWATER BAY; THENCE I.N A SOUTHERLY COURSE ALONG AVERAGE HIGH WATER LINE TO A POINT OF BEGINNING; ALL LYING AND BEING IN SECTION 9, TOWNSHIP 29 SOUTH, RANGE 15 EAST, COUNTY OF PINELLAS, STATE OF FLORIDA. TOGETHER WITH PARCEL 4 BEING DESCRIBED AS FOLLOWS: FROM THE SOUTHEAST CORNER OF GOVERNMENT LOT 2, SECTION 9, TOWNSHIP 29 SOUTH, RANGE 15 EAST, RUN NORTH 830.4 FEET ALONG THE EAST LINE OF SAID SECTION 9; THENCE N79000'W, 1323.96 FEET TO POINT OF BEGINNING; SAME BEING AT NORTHWEST CORNER OF LOT 17, PALM BLUFF AND AVERAGE HIGH WATER LINE OF CLEARWATER BAY; THENCE N79°00'W, 1612.7 FEET TO EAST SIDE OF CHANNEL; THENCE S21113'E, 184.2 FEET; THENCE S80°07'E, 1503 FEET TO THE SOUTHWEST CORNER OF PROPERTY FORMERLY OWNED BY A.A. LINCOLN AND WILLIAM P. RICHARDS, SAME BEING AT AVERAGE HIGH WATER LINE, CLEARWATER BAY; THENCE N15°54'E, 127 FEET TO POINT OF BEGINNING, ALL LYING AND BEING IN SECTION 9, TOWNSHIP 29 SOUTH, RANGE 15 EAST, PINELLAS COUNTY, FLORIDA. LESS THAT PART THEREOF CONVEYED BY WARRANTY DEED RECORDED IN DEED BOOK 1385, PAGE 195, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA. ORIGINAL RECEIVED 7 2006 PLANNING DEPARTMENT CITY OF CLEARWATER Division of Corporations Pu -1c Florida Limited Liability WISNE DEVELOPMENT, LLC PRINCIPAL ADDRESS 600 SAN MARCO DRIVE FORT LAUDERDALE FL 33301 MAILING ADDRESS 27145 SHERATON DRIVE NOVI MI 48377 Changed 07/18/2005 Document Number FEI Number Date Filed L04000029267 APPLIED 04/15/2004 State Status FL ACTIVE Total Contribution 0.00 Registered Aizent Effective Date 04/15/2004 zM CO W W Q ?u N Q ? LU d, Q W U O? ?? ZO ® Z '4' L) a Name & Address CAROLAN, J.P. 111 390 N. ORANGE AVENUE, STE. 1500 ORLANDO FL 32801 11 Manav,er/Member Detail Name & Address Title WISNE, ALAN L 600 SAN MARCO DRIVE MGR FORT LAUDERDALE FL 33301 Annual Reports http://www.sunbiz.org/scripts/cordet.exe?al =DETFIL&n1=LO4000029267&n2=NAMF... 12/11/2006 I#: 2004370307 BK: 13834 PG 6, 09/17/2004 at 12:04 PM, RE NG 3 PAGES $27.00 D DOC STAMP COLLECTIOI 0500.00 KARLEEN F. DE BLAKERIWRK OF COURT PINELLAS COUNTY, FL BY DEPUTY CLERK: CLKDMC6 This Warranty Deed" Made this 15th day of July, 2004 by HANS JOACHIM PERLEBERG ANDBETTINA PERLEBERG, HUSBAND A . F)VIfIFt hereinafter called the grantor, to WISNE DEVELOPME whose post office address is: ; 3408 BEAC014 P-T12iET POMPANO B4'CH 'FL 33602 hereinafter called the gmul1 `- (Whenever used herein' 4-to=4'grantor' and 'grantee' include all the parties to this Instrument and the heirs, legal representatives and assigns of individuals;'aria 04 suocessors and assigns of corporations) WItnesseth, that the grantor, for and in consideration of the sum of $10.00 and other valuable considerations, receipt whereof is hereby acknowledged, he grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the grantee, all that certain land situate in PINELLAS County?a viz: Pamel1' Begin on the{V edt line of Osceola Avenue at the Southeast comer of Lot 14, Palm Bluff Subdivision, according to the Map or Plat tfteneof; as recorded in Plat Book 5, Page 14, of the Public Records of Pinellas County, Florida, then go N15022'41' E a dista.md of'97.73', thence N80004'57'W a distance of 373.35', thence S07044'33'W a distance of 105.53'. Thence S81°23'01'E a'distance of 356.09' to the Point of Beginning. Together with any and all riparian and littoral rights thereunto appeftaihing, i.: Pte: Commehoe on the West line of Osceola Avenue at the Southeast comer of Lot 14, palm Bluff Subdivision, according to the Map or Plat thereof, as recorded in Plat Book 5, age 14, of the Public Records of Pinellas County, Florida, then go N15022'41'E a distance of 97.73' to a point of beginning, thence continue N15022'41'E a distance of 119.87'. Thence N79000'00'W a distance of 149.94' thence S15023'09'W a distance of 44.75', thence N79°10'52*W a distance of 129.32'. Thence S17°24'09'W a distance of 80.79', thence go S80904'57"E a distance of 326.72 to the Point of Beginning, together with any and all riparian and littoral rights thereunto appertaining. Parcel 3: Beginning at the Southwest comer of Lot 10 of PALM BLUFF, according to the plat thereof recorded in Plat Book 5, Page 14, Pinellas County Records, same being at average high water line Clearwater Bay; thence Westerly 705 feet on and along the projected South line of said Lot 10; thence in a Northerly course to a point opposite to and parallel with the projected North line of the South 38.3 feet of Lot 11 of said subdivision; thence Easterly 705 feet to the Northwest comer of said 38.3 feet of Lot 11, same being at the average high water line of Clearwater Bay; thence in a Southerly course along average high water line to a Point of Beginning; all lying and being in Section 9, Township 29 South, Range 15 East, County of Pinellas, State of Florida. Pamel 4: From the Southeast of Government Lot 2, Section 9, Township 29 South, Range 15 East, run North 830.4 feet along the East line of said Section 9; thence North 79 degrees 00' West 1323.96 feet to Point of Beginning; same being at Northwest comer of Lot 17, PALM BLUFF SUBDIVISION and average high water line of Clearwater Bay; thence North 79 degrees 00' West 1612.7 feet to East side of channel; thence South 21 degrees 13' East 184.2 feel; thence South 80 degrees 07' East, 1503.9 feet to the Southwest comer of property formerly owned by A.A. LINCOLN AND WILLIAM P. RICHARDS, same being at average high water line, Clearwater Bay; thence North 15 degrees 54' East 127 feet to Point of Beginning, all lying and being in Section 9, Township 29 South, Range 15 East, Pinellas County, Florida. Less that part thereof conveyed by Warranty Deed recorded in Deed Book 1385, page 195, Public Records of Pinellas County, Florida. Subject to covenants, restrictions, easements of record and taxes for the current year. Parcel Identification Number. 09=11545"IlU01IMM100, 0 8 /2 1111 5MG448/000/0130 ORIGINAL RECEW6 JUN 2 6 2006 Together with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. PLANNING DEPARTMENT To Have and to Hold, the same in fee simple forever. And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has 90ON OF CLEARWATER right and lawful authority to sell and convey said land; that the grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever, and that said land is free of all encumbrances except taxes accruing subsequent to December 31, 2003 In Witness Whereof, the said grantor has signed and sealed these presents the day and year first above written. PINELLAS COUNTY FL OFF. REC.?13834 PG 1567 ?7-1 Signed, d ( a delivered in our presence'`:,, r A lAL In AI AI wKnoes: (Signature) Name: e2 Z1 Lams: (Signature) Print Name: HANS JOACHIM PERLEBERG -1 nc. 16t) BETTIN PERLEBERG -ti Province of Country of The foregoing instrument a?9Ciiowledged before me this day of July, 2004, by HANS JOACHIM PERLEBERG AND BETTINA PERLEBERG, HUSBAN4ANRIWIFE, who is personally known to me or who has produced as identification. NOTARY PUBLIC Wioabrrs) Print Name: My Commission Eli Me:, stemp!$ . Prepared by ilid i{atiirned to: J Jacquellarr/i iNr?tailEsr Sunbelt TItI Agei?oy 405 S. Auidrt(:Ave: Clearw4tar,FC 85765 File Nufibee .-746040588 14 ORIGINAL RECEWD JUN 2 6 2006 PLANNING DEPARTMENT CITY OF CLEARWATER PINELLAS COUNTY FL OFF. REC. %, PG 1568 i4 2 J Urkundenrolle Nr. Y0,3,2-"Mr das Jahr 2004 t Die vor mir 1) des Herrn Id nr -Jd'achim Perleberg, geb. am 02.05.1948, wohnhaft;$ahr' ribergring 19, 45259 Essen, - ausgewipson-&rch Vorlage seines giiltigen Reisepasses Nr 2) der FpV-8eftina Perleberg, geb. am 10.02.1958, wohn'hAft I$ahrenbergring 19, 45259 Essen, - aosgewiesen durch Vorlage ihres g0ltigen Reisepasses Nr. 3) derZ.eugin Petra Hoffmann, geb. am 24.12.1966, diepstansassig Am Handelshof 1, 45127 Essen, detri Notar von Person bekannt - 1);,#;/ Zeugin Mareike Schroder, geb. am 12.07.1984, ' dienstansassig Am Handelshof 1, 45127 Essen, -d Notar von Person bekannt - ,,,-.beglaubige ich hiermit. • 5041477314- 5041508155- Die Beteiligten erklarten im Hinblick auf § 3 Abs. 1 Satz 1 Nr. 7 BeurkG vor Beglau- bigung and auf Befragen des beglaubigenden Notars, daB weder der beglaubigende Notar noch Personen, mit denen sich dieser zur gemeinsamen Berufsausiibung verbunden hat, auBerhalb ihrer Amtstatigkeit mit dieser Angelegenheit befaf3t waren oder Sind. Essen, den 13. Juli 2004 ORIGINAL RECEIVED JUN 2 6 2006 PLANNING DEPARTMENT CITY OF CLEARWATER r Line Items: Receipt #: 1200600000000006502 Date: 06/26/2006 6/26/2006 8:55:53AM Case No Tran Code Description Revenue Account No Amount Paid FLD2006-06038 04 Flexible Commercial 010-341262 1,205.00 Line Item Total: $1,205.00 • Payments: Method Payer Initials Check No Confirm No How Received Amount Paid Check WISNE DEV LLC R_D 1817 In Person 1,205.00 Payment Total: $1,205.00 I-- W CQ CZ) N LJ i Q j CD CV ui Q in 00 Z O aV • THIS IS NOT A PERMIT. This is a receipt for an application for a permit. This application will be reviewed and you will be notified as to the outcome of the application. cReceipt.rpt Page 1 of 1 ?;al1 h so FLD2006-06038A 202 SUNSET DR RECREATION PALM BLUFF DEVELOPMENT PLANNER OF RECORD: JVS ATLAS # 268B ZONING: LMDR LAND USE: RU RECEIVED: 10/27/2006 INCOMPLETE: COMPLETE: MAPS: PHOTOS: STAFF REPORT: nRC: -T CDB: ORIGINAL RECEIVED . 2 7 10061 PLANNING DEPARTMENT CITY OF CLEARWATER CLWCoverSheet Pagel of 3 Wells, Wayne From: Wells, Wayne Sent: Monday, April 28, 2008 9:06 AM To: 'Bill Woods' Subject: Palm Bluff - 1202 Sunset Drive - Case No. FLD2006-06038 re Fire Protection Bill - Actually, I was not the planner for this case. John Schodtler was the case planner, but he is no longer with us. I have read the email train and understand what is happening. What I have provided is the FLD DRC comments. What might be of greater importance is the approved site construction plans for the subdivision that hopefully shows what was approved on the utilities plan (assuming it showed the line to and onto the docks). I don't know the BCP number. You might want to check with our Building Department for this information. You would need to see what was shown on the plans and whether the Fire Department signed off on it. Hope this helps. Wayne -----Original Message----- From: Bill Woods [maiIto: bil[woods@woodsconsulting.org] Sent: Monday, April 28, 2008 8:46 AM To: 'Dyce Geoffrey H.' Cc: DianneHio; Wells, Wayne Subject: RE: Palm Bluff - 1202 Sunset Drive - Case No. FLD2006-06038 re Fire Protection Jeffrey, Dianne is sending you correspondence sent to us by the City Planner, Wayne Wells, that clearly states the Fire Marshall approved the plans. However, in this case,in my opinion, the "buck" does not stop with the PE as the plans the PE signed were approved by the City. Unfortunately you were pressured and went forward without obtaining the required sprinkler permit. The city will most likely take the position that they no longer approve Schedule 80 PVC and, had you applied for the sprinkler permit, they would have had you made a change in material. I certainly understand your position and it may be you have to take it to the City attorney. I do not know how we can help more than our showing you the information Dianne is sending. I am also planning to call Wayne Wells personally this morning. I would recommend you send the information to the Fire Marshal and also to whomever he reports to as. proof that the City approved the plans as reviewed. Please give me a call after your review the material Dianne is forwarding. Also, is there any change that Carl Couglin and come in on this and help us out? My regards, Bill Woods From: Dyce Geoffrey H. [mailto:GHDyce@VASC.com] Sent: Sunday, April 27, 2008 11:44 AM To: Bill Woods Subject: RE: Palm Bluff - 1202 Sunset Drive - Case No. FLD2006-06038 re Fire Protection Bill. 4/28/2008 Page 2 of 3 I'm sitting here on a Sunday trying to figure out why I don't just retire. You and I both know there isn't a damn thing wrong with schedule 80 pvc on docks. Lenny Rickert, the assistant fire marshal, is saying he will not approve the material as there is nothing in the approvals saying it can be used on marine standpipes. I have a feeling he may be very friendly with another contractor who lost the job and a game is now being played. The owner insisted on a hurried installation and was going to cover the dock unless we put the pipe in. The City of Clearwater was in no hurry to approve the drawings so as usual we were in between the rock and the hard place. We have nothing in writing to verify this, but I believe we were supposed to get a courtesy inspection by Jim Keller, an inspector, before the pipe was covered. I don't know who Wayne Wells is. I only know we installed the specified material for the job and Rickert has a short memory. I have been working on docks for the past 7 years and have installed this material each and every time with no problems. Even the Belle Harbor project has schedule 80 pvc and that is in Clearwater. Lenny says he wasn't here for that but was in Dunedin at the time. I have news for him...there is schedule 80 pvc on docks in Dunedin. I don't like the game that is being played. I asked Rickert why the pipe wasn't OK if approved by a PE? It appears he's the bottom line and will advise you PE's as to what is right. We need a meeting to come up with a solution. We have to talk this Monday. Sorry this has gotten to this point. Geoff Dyce From: Bill Woods [mailto:billwoods@woodsconsulting.org] Sent: Friday, April 25, 2008 7:28 PM To: Dyce Geoffrey H. Cc: DianneHio Subject: FW: Palm Bluff - 1202 Sunset Drive - Case No. FLD2006-06038 re Fire Protection Jeff, please see the comments of Wayne Wells below.. He was the planner we worked with at the City of Clwr for the Palm Bluff Project. I will plan to call you on Monday as I am home this date as my wife had knee surgery. My regards, Bill Woods From: Wayne.Wells@myClearwater.com [mailto:Wayne.Wells@myClearwater.com] Sent: Friday, April 25, 2008 7:01 PM To: diannehio@woodsconsulting.org Cc: billwoods@woodsconsulting.org Subject: Palm Bluff - 1202 Sunset Drive - Case No. FLD2006-06038 Diane - I don't see any specific correspondence from the Fire Department approving the fire protection design. I am attaching a copy of all DRC comments from all departments. Look at the Fire Department comments, specifically the first comment. It looks like they "approved".of the design on 12/20/06 and marked the comment as "met". Hope this helps. Wayne -----Original Message----- From: Dianne Hio [mailto:diannehio@woodsconsulting.org] Sent: Friday, April 18, 2008 2:48 PM To: Wells, Wayne Cc: 'Bill Woods' Subject: Palm Bluff - 1202 Sunset Drive - Case No. FLD2006-06038 Hi Wayne, 4/28/2008 -8 9 Page 3 of 3 Bill is out of town and asked that I contact you for your assistance regarding the above referenced project. Bill believes there was correspondence indicating the Fire Marshall had approved the design for the fire protection on the docks, but is unable to locate documentation in our files. Do you recall this having occurred or do you have any correspondence as such? Thanks for your help. Dianne Dianne Hio Senior Permitting Specialist Woods Consulting 1714 County Road 1, Suite 22 Dunedin, Florida 34698 Phone: (727) 786-5747 Ext. 3 Fax: (727) 786-7479 diannehio@ woodsconsultingo_ wiww,.woodsconsulting. org 4/28/2008 • .J Page 1 of 3 Wells, Wayne From: Dianne Hio [diannehio@woodsconsulting.org] Sent: Monday, April 28, 2008 8:53 AM To: 'Bill Woods'; 'Dyce Geoffrey H.' Cc: Wells, Wayne Subject: RE: Palm Bluff -.1202 Sunset Drive - Case No. FLD2006-06038 re Fire Protection Geoff, Attached are the DRC comments that I received from the City. Thanks, Dianne From: Bill Woods [mailto:billwoods@woodsconsulting.org] Sent: Monday, April 28, 2008 8:46 AM To: 'Dyce Geoffrey H.' Cc: DianneHio; Wayne.Wells@myClearwater.com Subject: RE: Palm Bluff - 1202 Sunset Drive - Case No. FLD2006-06038 re Fire Protection Jeffrey, Dianne is sending you correspondence sent to us by the City Planner, Wayne Wells, that clearly states the Fire Marshall approved the plans. However, in this case,in my opinion, the "buck" does not stop with the PE as the plans the PE signed were approved by the City. Unfortunately you were pressured and went forward without obtaining the required sprinkler permit. The city will most likely take the position that they no longer approve Schedule 80 PVC and, had you applied for the sprinkler permit, they would have had you made a change in material. I certainly understand your position and it may be you have to take it to the City attorney. I do not know how we can help more than our showing you the information Dianne is sending. I am also planning to call Wayne Wells personally this morning. I would recommend you send the information to the Fire Marshal and also to whomever he reports to as proof that the City approved the plans as reviewed. Please give me a call after your review the material Dianne is forwarding. Also, is there any change that Carl Couglin and come in on this and help us out? My regards, Bill Woods From: Dyce Geoffrey H. [mailto:GHDyce@VASC.com] Sent: Sunday, April 27, 2008 11:44 AM To: Bill Woods Subject: RE: Palm Bluff - 1202 Sunset Drive - Case No. FLD2006-06038 re Fire Protection Bill. I'm sitting here on a Sunday trying to figure out why I don't just retire. You and I both know there isn't a damn thing wrong with schedule 80 pvc on docks. Lenny Rickert, the assistant fire marshal, is saying 4/28/2008 • • Page 2 of 3 he will not approve the material as there is nothing in the approvals saying it can be used on marine standpipes. I have a feeling he may be very friendly with another contractor who lost the job and a game is now being played. The owner insisted on a hurried installation and was going to cover the dock unless we put the pipe in. The City of Clearwater was in no hurry to approve the drawings so as usual we were in between the rock and the hard place. We have nothing in writing to verify this, but I believe we were supposed to get a courtesy inspection by Jim Keller, an inspector, before the pipe was covered. I don't know who Wayne Wells is. I only know we installed the specified material for the job and Rickert has a short memory. I have been working on docks for the past 7 years and have installed this material each and every time with no problems. Even the Belle Harbor project has schedule 80 pvc and that is in Clearwater. Lenny says he wasn't here for that but was in Dunedin at the time. I have news for him...there is schedule 80 pvc on docks in Dunedin. 1 don't like the game that is being played. I asked Rickert why the pipe wasn't OK if approved by a PE? It appears he's the bottom line and will advise you PE's as to what is right. We need a meeting to come up with a solution. We have to talk this Monday. Sorry this has gotten to this point. Geoff Dyce From: Bill Woods [mailto:billwoods@woodsconsulting.org] Sent: Friday, April 25, 2008 7:28 PM To: Dyce Geoffrey H. Cc: DianneHio Subject: FW: Palm Bluff - 1202 Sunset Drive - Case No. FLD2006-06038 re Fire Protection Jeff, please see the comments of Wayne Wells below.. He was the planner we worked with at the City of Clwr for the Palm Bluff Project. I will plan to call you on Monday as I am home this date as my wife had knee surgery. My regards, Bill Woods From: Wayne.Wells@myClearwater.com [mailto:Wayne.Wells@myClearwater.com] Sent: Friday, April 25, 2008 7:01 PM To: diannehio@woodsconsulting.org Cc: billwoods@woodsconsulting.org Subject: Palm Bluff - 1202 Sunset Drive - Case No. FLD2006-06038 Diane - I don't see any specific correspondence from the Fire Department approving the fire protection design. I am attaching a copy of all DRC comments from all departments. Look at the Fire Department comments, specifically the first comment. It looks like they "approved" of the design on 12/20/06 and marked the comment as "met". Hope this helps. Wayne -----Original Message----- From: Dianne Hio [mailto:diannehio@woodsconsulting.org] Sent: Friday, April 18, 2008 2:48 PM To: Wells, Wayne Cc: 'Bill Woods' Subject: Palm Bluff - 1202 Sunset Drive - Case No. FLD2006-06038 Hi Wayne, Bill is out of town and asked that I contact you for your assistance regarding the above referenced project. Bill believes there was correspondence indicating the Fire Marshall had approved the design for the fire protection on the docks, but is unable to locate 4/28/2008 Page 3 of 3 9 documentation in our files. Do you recall this having occurred or do you have any correspondence as such? Thanks for your help. Dianne Dianne Hio Senior Permitting Specialist Woods Consulting 1714 County Road 1, Suite 22 Dunedin, Florida 34698 Phone: (727) 786-5747 Ext. 3 Fax. (727) 786-7479 diannehio@woodsconsulting org www. woodsconsulting. m 4/28/2008 Page 1 of 1 Wells, Wayne From: Wells, Wayne Sent: Friday, April 25, 2008 7:01 PM To: 'Dianne Hio' Cc: 'Bill Woods' Subject: Palm Bluff - 1202 Sunset Drive - Case No. FLD2006-06038 Diane - don't see any specific correspondence from the Fire Department approving the fire protection design. I am attaching a copy of all DRC comments from all departments. Look at the Fire Department comments, specifically the first comment. It looks like they "approved" of the design on 12/20/06 and marked the comment as "met". Hope this helps. Wayne -----Original Message----- From: Dianne Hio [mailto:diannehio@woodsconsulting.org] Sent: Friday, April 18, 2008 2:48 PM To: Wells, Wayne Cc: 'Bill Woods' Subject: Palm Bluff - 1202 Sunset Drive - Case No. FLD2006-06038 Hi Wayne, Bill is out of town and asked that I contact you for your assistance regarding the above referenced project. Bill believes there was correspondence indicating the Fire Marshall had approved the design for the fire protection on the docks, but is unable to locate documentation in our files. Do you recall this having occurred or do you have any correspondence as such? Thanks for your help. Dianne Dianne Hio Senior Permitting Specialist Woods Consulting 1714 County Road 1, Suite 22 Dunedin, Florida 34698 Phone: (727) 786-5747 Ext. 3 Fax: (727) 786-7479 dia n n e h io (o-)_ woodscons ulting. org www. woodsconsulting. org 4/25/2008 t • • ,AAP Conditions Associated With '??.,' , z FLD2006-06038 1202 SUNSET DR RECREATION AREA R.4Oq Engineering Condition Steve Doherty 562-4773 07/24/2006 No Issues. Environmental Condition Heather Faessle 562-4897 07/19/2006 THESE COMMENTS HAVE BEEN SUPERSEDED BY THOSE ENTERED ON THIS DAY, 11/8/06. 1. Any multi-use dock with a deck area exceeding 500 square feet shall be treated as a commercial dock (Community Development Code Section 3-601.C.3.). 8/21/06 - ACKNOWLEDGED. 2. As designed, the proposed dock could have an adverse impact on the vegetated area as described in the October 13, 2005 letter included with the application (Community Development Code Section 3-601.C.3.f.ii.). To minimize the impact of the proposed dock upon sea grasses in this area, please reduce the length of proposed dock. The length of the commercial and multi-use docks shall not extend from the mean high water line or seawall of the applicant's property more than 75 percent of the width of the applicant's property measured at the waterfront property line (Community Development Code Section 3-601.C.3.h.ii.). 8/21/06 - THE ENVIRONMENTAL DIVISION HAS SUGGESTED THAT THIS DOCK BE MODIFIED TO INCLUDE MORE THAN TWO BOAT SLIPS AND PROVIDE THE ONLY BOAT SLIPS FOR PALM BLUFF SUBDIVISION ALTHOUGH THE APPLICANT HAS STATED THAT THE COUNTY WOULD NOT APPROVE THIS APPROACH, OUR COMMUNICATION WITH THE COUNTY INDICATES THAT THEY WOULD IN FACT APPROVE A DOCK WITH UP TO SIX SLIPS AT THIS LOCATION. 3. Describe how the dock has been designed to minimize disturbance of sea grass and encourage future growth. 8/21/06 - THE DOCK SIZE AND HEIGHT HAVE BEEN DESIGNED TO MINIMIZE SEA GRASS DISTURBANCE. 4. Describe the measures/Best Management Practices that will be employed during construction to minimize impacts to the sea grass bed. 8/21/06 - SEE APPLICANTS LETTER OF 8/2/06. 5. What techniques will be used to repair/replace sea grass areas damaged during construction. 8/21/06 - APPLICANT STATES THAT MINIMAL IMPACT WILL OCCUR AND THAT NO REPAIR/REPLACE MEASURES WILL BE REQUIRED. 8/21/06 - IN AN EMAIL TO THE CITY DATED, 8/18/06, THE APPLICANT STATED THAT HE WILL SUBMIT A REDESIGN OF THIS DOCK IF HIS CLIENT WILL FUND THE EFFORT. 11/08/2006 Provide copies of SWFWMD and/or FDEP Permit, Corps of Engineers Permit and Submerged Land Lease prior to the commencement of construction. 12/15/06 - ACKNOWLEDGED Fire Condition James Keller 562-4327 x3062 11/13/2006 Must meet NFPA 303 Chapter 4 Fire Protection.-4.3.4* An approved water supply shall be provided within 100ft. (30.5m) of the pier / land intersection or fire department connection serving fire protection systems. FDC can be at the street within 100ft of fire hydrant and provide 2 1/2 " hose valves on the dock as this dock is 187.3 feet a second 2 1/2" hose valve must also be provided. Acknowledge PRIOR to C.D.B. 12/7/2006 DRC meeting, revised 100ft to fire hydrant to 40 ft.(JFK) 12/15/2006 Site inspection of proposed fire hydrant on re-vised plan will not work as the Fire Engine will not be able to have access to connect to this fire hydrant and then to the Fire Department Connection. Due to the length of the 4" line this must be a wet system to the dock. Access to docks on plan insufficiant, MUST provide on plan fire department access to docks 12/20/2006 Revised plan shows FDC next to fire hydrant 2 1/2 hose valves placed at seawall and on dock. 11/13/2006 Must meet NFPA 303 Chapter 4 Fire Protection. 4.2 Portable Fire Extinguishers.Acknowledge PRIOR to C.D.B. Met Met Met Met Met CaseConditons Print Date: 04/2512008 Page 1 of 5 t . • FLD2006-06038 1202 SUNSET DR RECREATION AREA Fire Condition James Keller 562-4327 x3062 12/20/2006 Revised plan meets the requirments 07/19/2006 NOISSUES Met Harbor Master Condition 11/17/2016 John, this dock is in keeping with the character and scope of the docks in adjacent properties and Met is large only due to the requirements of the County to be in sufficient water depth to not disturb the benthic organisms and sea grasses which may be in the area. I see no problem with navigation or access to the docks of adjoining properties that would cause any problem with its proposed design, size and location, Bill M 11/17/06 Land Resource Condition Rick Albee 727-562-4741 07/20/2006 No Issues. Met Parks & Recs Condition Debbie Reid 562-4818 11/07/2006 No issues - multi-use private dock. Met Storm Water Condition Bob Maran 562-4592 11/07/2006 No Issues Met Traffic Eng Condition Bennett Elbo 562-4775 07/18/2006 No Issues. Met General Applicability Criteria #1 John Schodtler 727-562-4547 06/26/2006 Re-clarify. How is the proposed 180 foot long dock in harmony with the scale, bulk, coverage, Met density, and character of the two adjacent properties? Reply to each seperately. General Applicability Criteria #6 John Schodtler 727-562-4547 06/26/2006 re-clarify. How does the proposed 180 foot long dock minimize adverse effects, including visual, Met acoustic, olfactory, and hours of operation impacts, on adjacent properties? Reply to each seperately. Zoning Condition John Schodtler 727-562-4547 07/24/2006 The address assigned to Tract "B" also known as the "Pool and Recreation Area" is 1202 Sunset Met Drive. Revise all applications to reflect the new address. 06/26/2006 None of the plans submitted indicate how you are coming up with 54.2 feet of waterfront width. Met Revise plans to show this dimensioned. 07/24/2006 Pursuant to Section 3-601.C.3 Any multi-use dock with a deck area exceeding 500 square feet Met shall be treated as a commercial dock. All commercial docks shall be reviewed for compliance with the following criteria. Impacts on natural resources: Explain how the dock will not have an adverse impact on vegetated areas; vegetative, terrestrial, or aquatic habitats critical to the support of listed species providing one or more of the requirements to sustain their existence, such as range, nesting or feeding grounds; habitats which display biological or physical attributes which would serve to make them rare within the confines of the city; designated preservation areas such as those identified in the comprehensive land use plan, national wildlife refuges, Florida outstanding waters or other designated preservation areas, and bird sanctuaries, Print Date: 04/25/2008 CaseConditons Page 2 of 5 • • FLD2006-06038 1202 SUNSET DR RECREATION AREA Zoning Condition John Schodtler 727-562-4547 07/28/2006 According to the State Division of Corporations, the registered agent and manager listed for Met Wisne Development LLC are not as show on the application. It is unclear what John Breco's relationship/title with Wisne Development LLC. The addresses for the agent and manager are not as indicated on the application. Clarify/Revise. 07/24/2006 Pursuant to Section 3-601.C.3 Any multi-use dock with a deck area exceeding 500 square feet Met shall be treated as a commercial dock. All commercial docks shall be reviewed for compliance with the following criteria. Explain how the Use and compatibility of the proposed dock will be subordinate to and contribute to the comfort, convenience or necessities of the users or the occupants of the principal use of the property. 07/24/2006 Pursuant to Section 3-601.C.3 Any multi-use dock with a deck area exceeding 500 square feet Met shall be treated as a commercial dock. All commercial docks shall be reviewed for compliance with the following criteria. Impacts on natural resources: Explain how the dock will not have a material adverse impact upon the conservation of wildlife, marine life, and other natural resources, including beaches and shores, so as to be contrary to the public interest. 06/26/2006 Note: The application you have submitted is out of date. You may obtain the updated applications Met through the zoning counter or from our website: www.myclearwater.com 06/26/2006 All of the site plans submitted in the County Water Nav application appear to have incomplete Met southern upland property lines. Explain or revise. 07/24/2006 Pursuant to Section 3-601.C.3 Any multi-use dock with a deck area exceeding 500 square feet Met shall be treated as a commercial dock. All commercial docks shall be reviewed for compliance with the following criteria. Impacts on marine environment: Explain how the poropsed docks will not have an adverse impact upon natural marine habitats, grass flats suitable as nursery feeding grounds for marine life, or established marine soil suitable for producing plant growth of a type useful as nursery or feeding grounds for marine life; manatee sanctuaries; natural reefs and any such artificial reef which has developed an associated flora and fauna which have been determined to be approaching a typical natural assemblage structure in both density and diversity; oyster beds; clam beds; known sea turtle nesting site; commercial or sport fisheries or shell fisheries areas; and habitats desirable as juvenile fish habitat. 07/24/2006 Pursuant to Section 3-601.C.3 Any multi-use dock with a deck area exceeding 500 square feet Met shall be treated as a commercial dock. All commercial docks shall be reviewed for compliance with the following criteria. Impacts on marine environment: Explain how the proposed docks shall be sited to ensure that boat access routes avoid injury to marine grassbeds or other aquatic resources in the surrounding areas. 06/26/2006 Provide one signed & sealed and 14 copies of the property survey for Tract "B" Pool and Rec Met Area. The survey submitted (of the formerly 300 Palm Bluff & 1206 Oceola) is no longer accurate do to the subdivision replatting approved under PLT2004-00014. 07/24/2006 Pursuant to Section 3-601.C.3 Any multi-use dock with a deck area exceeding 500 square feet Met shall be treated as a commercial dock. All commercial docks shall be reviewed for compliance with the following criteria. Impacts on water quality: Explain how all turning basin, access channels, boat mooring areas and any other area associated with a dock shall will have adequate circulation and existing water depths to ensure that a minimum of a one foot clearance is provided between the lowest member of a vessel (e.g. skegs, rudder, prop) and the bottom of the waterbody at mean or ordinary low water (-0.95 NGVD datum). 07/24/2006 Pursuant to Section 3-601.C.3 Any multi-use dock with a deck area exceeding 500 square feet Met shall be treated as a commercial dock. All commercial docks shall be reviewed for compliance with the following criteria. Impacts on water quality: Explain how the dock will not effectively cause erosion, extraordinary storm drainage, shoaling of channels, or adversely affect the water quality presently existing in the area or limit progress that is being made toward improvement of water quality in the area in which the dock is proposed to be located. Print Date: 04/25/2008 CaseConditons Page 3 of 5 R FLD2006-06038 1202 SUNSET DR RECREATION AREA Zoning Condition John Schodtler 727-562-4547 07/24/2006 Pursuant to Section 3-601.C.3 Any multi-use dock with a deck area exceeding 500 square feet Met shall be treated as a commercial dock. All commercial docks shall be reviewed for compliance with the following criteria. Impacts on navigation: Explain how existence and use of the proposed dock will not have a detrimental effect on the use of adjacent waters for navigation, transportation, recreational or other public conveniences. 07/24/2006 Pursuant to Section 3-601.C.3 Any multi-use dock with a deck area exceeding 500 square feet Met shall be treated as a commercial dock. All commercial docks shall be reviewed for compliance with the following criteria. Impacts on existing water recreation activities: Explain how the use of the proposed dock will not adversely impact the health, safety or well being of persons currently using the adjacent waterways for recreational and/or commercial uses. Furthermore, it shall not hinder or discourage the existing uses of the adjacent waterway by uses including but not limited to non-motorized boats and motorized boats. 07/24/2006 Pursuant to Section 3-601.C.3 Any multi-use dock with a deck area exceeding 500 square feet Met shall be treated as a commercial dock. All commercial docks shall be reviewed for compliance with the following criteria. Impacts on wetlands habitat/uplands: Explain how the dock will not have a material adverse affect upon the uplands surrounding. 07/25/2006 11/17/06 The dock system is proposed with a minimum of three steps/stairs to provide initial Met access to the entire system. Additionally, there are a minimum of four steps/stairs providing access to the actual head. How is handicapped access to be provided to the dock and on the dock? 07/25/06 How will handicapped access be provided to and from the multi-use dock system? 07/11/2006 Clarify/Explain. Why does the dock system need to be elevated two to three steps above the Met seawall (see sheet 9 of water/nav application). This seawall is easily two feet tall than existing grade at this location. 07/24/2006 Pursuant to Section 3-601.C.3 Any multi-use dock with a deck area exceeding 500 square feet Met shall be treated as a commercial dock. All commercial docks shall be reviewed for compliance with the following criteria. Explain how the Use and compatibility of the proposed dock will be compatible with dock patterns in the general vicinity. 10/30/2006 Lots 7 & 8 need to be included in this request. This is due to the dock and wetslips extending Met over the north and south extended property lines. Adding lots 7 & 8 will allow the proposal to meet setback and width requirements. The request to increase to dock length is lessened as the width of the waterfront would go from 54.17 feet to 186.61 feet allowing a length of 139.96 feet vs 40.63 feet. (Adding lots 7 & 8 lessen the amount of requests for variation from Code.) 07/24/2006 Pursuant to Section 3-601.C.3 Any multi-use dock with a deck area exceeding 500 square feet Met shall be treated as a commercial dock. All commercial docks shall be reviewed for compliance with the following criteria. Explain how the Use and compatibility of the proposed dock will be in harmony with the scale and character of adjacent properties and the neighborhood in general. 01/16/2007 Condition of approval included in the Development Order: Not Met That boats moored at the docks be for the exclusive use by the residents and/or guests of the detached dwellings located within Palm Bluff Preserve and not be permitted to be sub-leased separately from the individual detached dwelling unit owners; 01/16/2007 Condition of approval included in the Development Order: Not Met That with this approval of docks that may be used by the owners of Lots 7 and 8 and that deviate from the requirements of CDC Code Section 3-601.C., the owners of Lots 7 and 8 may not in the future request a deviation from the requirements of CDC Code Section 3-601.C. for docks on their property; 01/16/2007 Condition of approval included in the Development Order: Not Met That all Fire Department requirements be met prior to the issuance of any permits; CaseConditons Print Date: 04/25/2008 Page 4 of 5 0 0 FLD2006-06038 1202 SUNSET DR RECREATION AREA ZONING CONDITION - D.O. Wayne Wells, AICP 727-562-4504 01/16/2007 Condition of approval included in the Development Order: Not Met That a copy of the SWFWMD and/or FDEP Permit, Corps of Engineer's Permit and proof of permission to use State submerged land, if applicable, be submitted to the Planning Department prior to commencement of construction. Print Date: 04/25/2008 CaseConditons Page 5 of 5 • A ?t . .t , ,t LONG FANG1, PIA\\I\G DI3VELOP\•ll3\T REVIEW • CITY Of" CL.E.ARWATER PLANNING DFPAF<TMENi Posy OTI'CC:E Box 4748, CLrARwArhR FI.omDA 33758-4748 MUNICIPAL SERVICES 13UILDIVG, 100 SOUTH MYR]"u? AVENUE, CLEARWATER, FLORIDA 33756 Tra.rPi io; I: (727) 562-4567 . FAx (72T 562-4865 January 17, 2007 Mr. Bill Woods Woods Consulting, Inc. 1714 County Road 1, Suite 22 Dunedin, FL 34698 RE: Development Order - Case FLD2006-06038 1202 Sunset Drive Dear Mr. Woods: This letter constitutes a Development Order pursuant to Section 4-206.D.6 of the Community Development Code. On January 16, 2007, the Community Development Board reviewed your request for Flexible Development approval to permit a 999 square-foot multi-use dock with six slips for the residents of Palm Bluff Preserve subdivision, located in the Low Medium Density Residential District, with an increase to the maximum dock length from 139.9 feet to 187.2 feet, under the provisions of Section 3-601. The Community Development Board (CDB) APPROVED the application with the following Findings of Fact, Conclusions of Law and Conditions of Approval: Findings of Fact: 1. That the 0.482 acres located on the west side of Sunset Drive, approximately 60 feet north of Palm Bluff Street; 2. That the property was approved on November 12, 2004, by the Development Review Committee (DRC) for the development of the upland with 8 detached dwellings; 3. That a building permit has been submitted to construct the site improvements; 4. That the proposal consists of the construction of a 999 square-foot, six wet slip multi-use dock as an amenity for the an 8 unit detached dwelling development; 5. That due to the design and orientation of the docks, for slips 6 - 8 the maximum length of boats is 20 feet; 6. That the proposed docks comply with the setback, width, and length standards of Section 3-601.C.3.h of the Community Development Code; 7. That the development proposal is compatible with dock patterns of the surrounding area; and 8. That there are no outstanding Code Enforcement issues associated with the subject property. Conclusions of Law: 1. That the development proposal is consistent with the commercial dock review criteria as per Section 3-601.C.3 of the Community Development Code; and 2. That the development proposal is consistent with the General Applicability criteria as per Section 3- 913.A of the Community Development Code. FRAIh I I11MARD, MAYOR lcmx D()i;vn, COI CH yIE.vIRh:R I ic»-i I kmI[.rCcn?sC!i.>nt?ns.?:R BILL JONSON, 0WINCIL>IhNMR ? ("ANIF:R A. PF1FRSF\• Col NULMENHUT' "I:cn:Ai. E\IITOY\IFN1' A,\:D ArTnc\IAnvI•: Ac:nw,' I;\mlc» i:R" January 17, 2007 Woods - Page Two Conditions of Approval: 1. That boats moored at the docks be for the exclusive use by the residents and/or guests of the detached dwellings located within Palm Bluff Preserve and not be permitted to be sub-leased separately from the individual detached dwelling unit owners; 2. That with this approval of docks that may be used by the owners of Lots 7 and 8 and that deviate from the requirements of CDC Code Section 3-601.C., the owners of Lots 7 and 8 may not in the future request a deviation from the requirements of CDC Code Section 3-601.C. for docks on their property; 3. That all Fire Department requirements be met prior to the issuance of any permits; and 4. That a copy of the SWFWMD and/or FDEP Permit, Corps of Engineer's Permit and proof of permission to use State submerged land, if applicable, be submitted to the Planning Department prior to commencement of construction. Pursuant to Section 4-407, an application for a building permit shall be made within one year of Flexible Development approval (January 16, 2008). All required certificates of occupancy shall be obtained within two years of the date of issuance of the building permit. Time frames do not change with successive owners. The Community Development Coordinator may grant an extension of time for a period not to exceed one year and only within the original period of validity. The Community Development Board may approve one additional extension of time after the community development coordinator's extension to initiate a building permit application. The issuance of this Development Order does not relieve you of the necessity to obtain any building permits or pay any impact fees that may be required. In order to facilitate the issuance of any permit or license affected by this approval, please bring a copy of this letter with you when applying for any permits or licenses that require this prior development approval. Additionally, an appeal of a Level Two approval (Flexible Development) may be initiated pursuant to Section 4-502.B by the applicant or by any person granted party status within 14 days of the date of the CDB meeting. The filing of an application/notice of appeal shall stay the effect of the decision pending the final determination of the case. The appeal period for your case expires on January 30, 2007 (14 days from the date of the CDB meeting). If you have any questions, please do not hesitate to call Wayne M. Wells, Planner III, at 727-562-4504. You can access zoning information for parcels within the City through our website: www.myclearwater.com/gov/depts/planning. Sincerely, i Mich el Del P Planning Director S: (Planning Department) C D BIFLEX (FLD)Ilnactive or Finished ApplicationslSunset Drive 1202 Palm Bluff Preserve -Dock Rec Area (LMDR) - ApproveMunset Drive 1202 Development Order 1.17.07.doc 0 0 Wells, Wayne From: Wells, Wayne Sent: Thursday, January 11, 2007 2:32 PM To: Bill Woods (E-mail) Cc: Sherry Bagley (E-mail) Subject: FLD2006-06038 - 1202 Sunset Drive Bill/Sherry - Attached is the Staff Report for the above referenced cases, scheduled to be heard by the Community Development Board (CDB) at 1:00 pm on Tuesday, January 16, 2007. Wayne FLD2006-06038 Staff Report.doc... LL 0 le?irwatcr 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: ? ? L.L- ?JU'?? S N 6 I J L..6 (6FAX• 78 . _ ??'? Phone• \ 124 FROM: JoNtj S4+10cxTi.6v2. -Phone:. 566 44S4'07 DATE: 12- Z SUBJECT: *401I46 OF N400" 44406 O CAS!' ' ?1,?2v - 06U?Q 1VUlVll EK "r rA%ff1!z(11-1%_LUlJ11rV lnla rtHVr.J • Dec. 26 2006 04:42PM YOUR LOGO YOUR FAX NO. 7:75624865 NO. OTHER FACSIMILE START TIME USAGE TIME MODE PAGES RESULT 01 97867479 Dec.26 04:41PM 00'40 . SND P1 OK TO TURN OFF REPORT, PRESS 'MENU' #04. THEN SELECT OFF BY USING '+' OR FOR FAX ADVANTAGE ASSISTANCE, PLEASE CALL 1-BOO-HELP-FAX (435-7329). • Woods Consu ing Environmental Permitting Marine Engineering Hydrogeology Land Planning 1714 County Road 1, Suite 22 December 11, 2006 Dunedin, FL 34698 John Schodtler City of Clearwater Planning Department 100 South Myrtle Clearwater, Florida 33756 Re: FLb2006-06038 Palm Bluff Multi-Use Docking Facility Response to Pre-DRC comments 12 b 2 SsQrts ? - Dear John: Woods Consulting is in receipt of your pre-DRC comments (attached for your reference) dated July 28, 2006. Since we received the comments we have held meeting with City personnel and have decided with the City's concurrence to take another approach, that being to permit a single 6 slip dock on the multi-family common element lot. Thus our plans are revised to reflect this new approach. The city also informed us they would support the two single family lots applying for observation piers (no slips) with the requirement that the piers not require variances. The client has decided to not attempt to permit piers. In responding to the pre-DRC questions, the responses reflect the above noted change in approach. To preface the responses, it should be realized that the mooring structure that is being addressed is a six slip docking facility that is in character with a large number of such docking facilities that the City of Clearwater has approved in the recent past. Please refer to the attached Exhibit B, which shows the proposed structure in comparison with the adjacent structures in the area. The proposed structure is in character with the majority of the surrounding structures. ORIGINAL City of Clearwater Questions RECEIVED DEC 14 2006 Please note the Applicant responses are in italics. PLANNING DEPARTMENT Environmental Condition CITY OF CLEARWATER 1. Any multi-use dock with a deck area exceeding 500 square feet shall be treated as a commercial dock. As the proposed dock exceeds 500 square feet, we understand that it shall be treated as a commercial dock. 2. As designed, the proposed dock could have an adverse impact on the vegetated area as described in the October 13, 2005 letter included with the application. To minimize the impact of the proposed dock upon sea grasses in this area, please reduce the , Office: (727) 786-5747 Fax: (727) 786-7479 Email:billwoods@woodsconsulting.org I length of proposed dock. The length of commercial and multi-use docks shall not extend from the mean high water line or seawall of the applicant's property more than 75 percent of the width of the applicant's property measured at the waterfront property line. A multi-use dock is required to have a minimum of 24 inches of water at mean low water by the SWFWMD and the Florida Administrative Code (Section 18-20, F.A.C.). The length of the proposed multi-use dock must extend from the mean high water line more than 75 percent of the width of the applicant's property measure at the waterfront property line in order to attain the above-referenced minimum depth criteria. The dock as designed extends 186.6 feet form the seawall which is 47.3 feet further than the length determined as 75% of the width of the waterfront (139.9 feet). Thus a length variance of 47.3 feet is being requested. 3. Describe how the dock has been designed to minimize disturbance to sea grass and encourage future growth. The dock has been designed in accordance with the criteria jointly developed by the National Marine Fisheries and the US Army Corps of Engineers (termed the "SAV regulations'). To summarize the criteria as they apply to this proposed dock, a) the criteria require the dock walkout to be no wider than 4 feet and be railed on both sides. Woods Consulting also places "No Mooring" signs on both sides of the walkout dock; b) the criteria require that the access dock, when located over seagrass, to be elevated to a height of 5 feet over mean high water. Please note that the finger piers are designed at a lower elevation for safety reasons for persons egressing and ingressing boats. Please note that the above discussed design methods were employed for the purpose of minimizing impact to the seagrasses once the dock has been constructed. The elevated walkout is specifically designed to provide adequate sunlight penetration to avoid shading impacts and encourage future growth of seagrass in the area. 4. Describe the measures/Best Management Practices that will be employed during construction to minimize impacts to the sea grass bed. The dock will be constructed from the land side and from a shallow draft barge. (The shallow draft barge only requires 6 inches of water to operate). For installation of the pilings that are located close to the land, where the water is too shallow for the barge to operate, pilings are hand set and installed via jetting. The pump for jetting is either located on the land or on the boom of the barge which is moored further offshore. The jetting method uses a 3 inch pump reduced to a 1-114 inch `jet pipe" to set the pile. This methodology, which is accepted by SWFWMD and the Department of Environmental Protection (DEP), has a very minimal impact on the seagrasses. This method has been demonstrated to DEP personnel by the firm of Speeler Enterprises. The DEP requested the demonstration and had several individuals record the turbidity during the pile setting operation. Due to the extremely low recorded turbidity, the DEP does not require ORIGINAL RECEIVED Fr, PLANNING DEPARTMENT turbidity curtains to be deployed. Woods Consulting, however, has proposed turbidity curtains to further minimize potential impacts. Once the area of work has sufficient depth, the piles are set from the barge and are first jetted as discussed above and then are driven, if driving is necessary to gain proper penetration. Please note that Todd Malecott, owner of Speeler Enterprises, made an overture to Bill Woods on August 1, 2006, that his firm would be pleased to have a pile jetting/pile driving demonstration for City of Clearwater personnel, if they wished to have one. Once the piles are set, the workers work from temporary scaffolding (boards nailed temporarily to the pilings) which allows them to stand and place the pile caps, stringers and deck boards. Thus, during the construction operation, there are no personnel standing on the grass. What techniques will be used to repair/replace sea grass areas damaged during construction? Construction of the dock will have very minimal impact to the seagrasses such that "repair/replace" of the seagrass should not be required. The impact of hand setting the piles is similar to the impact of several people walking or swimming over the grass flats. There will be no permanent impacts. General Applicability Criteria #1 Reclarify. How is the proposed 180 foot long dock in harmony with the scale, bulk, coverage, density, and character of the two adjacent properties? Reply to each separately. Please see Exhibits A and B. The question is somewhat confusing as to what the reviewer means in stating the two adjacent properties. Exhibit A depicts the existing dock at 1208 Sunset Drive which is the existing dock immediately adjacent to the site on the north. This dock was permitted through the City of Clearwater and Pinellas County in 1986 (Permit P13394). The dock is 1,902 sf in area and extends 212 feet from the shoreline. Note the walkout exceeds the 4 foot width criteria and the head size is approximately 642 sf in area, much greater than the 100 sf County guideline/criteria. This dock has a much greater area than the proposed dock (1, 902 sf versus 729 so. Please refer to Exhibit B. Also, please refer to sheet 3 of the plans. The total length of the dock as measured from the seawall is 187.2 feet and the dock is 998.5 sf in area. The dock located at 1100 N. Osceola Drive, which is the closest existing dock to the south of the proposed multi-use dock site, extends 145 feet and has an area of 1,200 sf. ORIGINAL, RECEIVED 4, ?01 NPLAN!MkIt.- Examining docks further to the north, every dock is considerably longer and has considerably more deck area. From examining the two exhibits, it is apparent that the proposed multi-use dock is similar in scale, bulk, coverage and character with other docks in the immediate vicinity. Compared to the existing permitted dock at 1208 Sunset Drive, the proposed multi-use dock is smaller in scale, bulk and coverage. Addressing density, density is set by the size of the lots. Any lot which is a conforming lot as to the size and area requirements of the City of Clearwater's Land Use Code is allowed to apply for a single family two slip dock. The applicant owns three lots and would be entitled to apply for 3 individual docks single family docks. However, as the proposed facility only consists of one dock structure, the density used by this structure is less than would be allowable under the City's Land Use Code. General Applicability Criteria #6 Reclarify. How does the proposed 180 foot long dock minimize adverse effects, including visual, acoustic, olfactory, and hours of operation impacts, on adjacent properties? Reply to each separately. The dock is a multi-use dock with six boat slips, and thus will operate much as 3 single family docks would. The deck area is very minimal and will not support congregation of people on the dock. Hours of operation should be consistent with all other single family docks. No set hours should be required. (Historically the City has not required set hours at multi-use docks). The same is true as for visual, acoustic, and olfactory parameters. There is no reason to believe the dock would pose a problem as to odor or noise. Visually, the dock is in harmony with the existing dock on its north (which is a much larger dock) and the dock to its south. Zoning Conditions Clarify/Explain. Why does the dock system need to be elevated two to three steps above the seawall. This seawall is easily two feet taller than existing grade at this location. As discussed under Environmental Condition, Question 2, above, the National Marine Fisheries and the US Army Corps of Engineers requires the dock, when passing over grass, to be set at an elevation of 5 feet above mean high water. Seawalls are usually at an elevation of approximately 5.0 NGVD-1929. The dock elevation required by the two agencies is approximately 6.5 feet NG VD-1929. ORIGINAL RECEIVED DEC 14 2006 PLANNING DEPARTMENT 2. The address assigned to Tract "B" also knows as the "Pool and Recreation Area" is 1202 Sunset Drive. Revise all applications to reflect the new address. The correction will be made. 3. Pursuant to Section 3-601.C.3. Any multi-use dock with a deck area exceeding 500 square feet shall be treated as a commercial dock. All commercial docks shall be reviewed for compliance with the following criteria. Explain how the use and compatibility of the proposed dock will be subordinate to and contribute to the comfort, convenience or necessities of the users or the occupants of the principal use of the property. The proposed dock is a valuable amenity for the homeowners in the Palm Bluff development. The dock will be extremely convenient for the homeowners in that it will allow friends to visit them by boat or pick them up for boating outings. 4. Pursuant to Section 3-601.C.3. Any multi-use dock with a deck area exceeding 500 square feet shall be treated as a commercial dock. All commercial docks shall be reviewed for compliance with the following criteria. Explain how the use and compatibility of the proposed dock will be in harmony with the scale and character of adjacent properties and neighborhood in general. This has been addressed above under General Applicability Criteria #1. Please refer back to this discussion. 5. Pursuant to Section 3-601.C.3. Any multi-use dock with a deck area exceeding 500 square feet shall be treated as a commercial dock. All commercial docks shall be reviewed for compliance with the following criteria. Explain how the use and compatibility of the proposed dock will be compatible with dock patterns in the general vicinity. This has been addressed above under General Applicability Criteria #1. Please refer back to this discussion. 6. Pursuant to Section 3-601.C.3. Any multi-use dock with a deck area exceeding 500 square feet shall be treated as a commercial dock. All commercial docks shall be W ,m reviewed for compliance with the following criteria. Explain how the use and acompatibility of the proposed dock will not adversely impact the health, safety or well teing of persons currently using . the adjacent waterways for recreational and/or o ommercial uses. Furthermore, it shall not hinder or discourage the existing uses of w z She adjacent waterway by uses including but not limited to non-motorized boats and o z motorized boats. gv c- As the proposed dock is in harmony and general compatibility with docks in the immediate and general area, it should have no detrimental impact on users of the waterway, either by recreational users or commercial users. Specifically the dock does not pose any threat to navigation as all of the docks in this area extend approximately the same length from the shoreline. Also the dock will have a light at its end so it will be visible to all users of the waterway at night. 7. Pursuant to Section 3-601.C.3. Any multi-use dock with a deck area exceeding 500 square feet shall be treated as a commercial dock. All commercial docks shall be reviewed for compliance with the following criteria. Impacts on navigation: Explain how existence and use of the proposed dock will not have a detrimental effect on the use of adjacent waters for navigation, transportation, recreational or other public conveniences. As previously noted, the dock is in scale and harmony with docks in its immediate and general area. Navigation has also been previously addressed. The dock will not adverse impact on navigation or transportation either by its existence or its use. It has a positive impact as regards recreational and public conveniences as members of the public can visit friends at the Palm Bluff development by water or pick up friends by boat for a boating outing. 8. Pursuant to Section 3-601.C.3. Any multi-use dock with a deck area exceeding 500 square feet shall be treated as a commercial dock. All commercial docks shall be reviewed for compliance with the following criteria. Impacts on marine environment: Explain how the proposed docks shall be sited to ensure that boat access routes avoid .injury to marine grassbeds or other aquatic resources in the surrounding areas. The dock was moved waterward to obtain a depth of 24" of water at mean low water (MLIM, which provides approximately 48" of water at mean high tide. Note this is in excess of the requirements of Pinellas County, which is 18" at MLW. The access route will most likely be to the west. Seethe response to the following question. 9. Pursuant to Section 3-601.C.3. Any multi-use dock with a deck area exceeding 500 square feet shall be treated as a commercial dock. All commercial docks shall be reviewed for compliance with the following criteria. Impacts on Marine Environment: Explain how the proposed docks will not have an adverse impact upon natural marine habitats, grass flats suitable as nursery feeding grounds for marine life, established marine soil suitable for producing plant growth of type useful as nursery or feeding grounds for marine life; manatee sanctuaries; natural reefs and any such artificial reef which has developed an associated flora and fauna which have been determined to be approaching a typical natural assemblage structure in both density and diversity; oyster W beds; clam beds; known sea turtle nesting site; commercial or sport fisheries or shell o fisheries areas; and habitats desirable as juvenile fish habitat. N Q ? a -'It must be noted that any structure or boat placed in our waters will have some impact w z .Vo the environment. The responsibly of the dock and boat slip designers and regulators o g v s to limit or minimize adverse impacts. a There are no manatee sanctuaries; natural reefs and any such artificial reef which has developed an associated flora and fauna which have been determined to be approaching a typical natural assemblage structure in both density and diversity; oyster beds; clam beds; known sea turtle nesting site; commercial or sport fisheries or shell fisheries areas; and habitats desirable as juvenile fish habitat in the area of the proposed dock. There are sea grass beds in the immediate area. The depth criteria of 24" at MLW provides up to 48" of water at mean high tide. Boat owners, more than regulators, do not want their running gear to hit the bottom, whether the bottom has seagrass beds or is simply sand, due to the cost of repair of the lower units. The reviewing agencies such as the County and SWFWMD look at the use of the dock as de minimis to sea grass due to the relatively low intensity of use and the small size of the docking structure. It also should be noted that due to the shallow waters of the bay, many boat owners are used to being tide-limited in their boating use. They plan their boat outings around the tide charts. 10. Pursuant to Section 3-601.C.3. Any multi-use dock with a deck area exceeding 500 square feet shall be treated as a commercial dock. All commercial docks shall be reviewed for compliance with the following criteria. Impacts on water quality; Explain how all turning basin, access channels, boat mooring areas and any other area associated with a dock shall will have adequate circulation and existing water depths to ensure that a minimum of one foot clearance is provided between the lowest member of a vessel (e.g. skegs, rudder, prop) and the bottom of the waterbody at mean or ordinary low water (-0.95 NGVD datum). Please see the response to the question immediately preceding this question. The area in question has adequate circulation due to the tidal movement of waters through Clearwater Pass and Hurricane Pass. Woods Consulting has previously performed TIDAL PRISM analyses of multi-use docking structures along the fingers of Clearwater Beach, on the bay side, and has demonstrated to all requesting regulatory agencies (typically SWFWMD and the DEP) that even in these dead-end fingers, there is adequate flushing. As discussed previously, the dock is sited so as to have 24" of water at mean low water, which provides approximately 48" of depth at mean high tide. As boaters are used to being tide limited, and thus plan their day around the higher tide occurrences, and the boats that will use the facility are relatively small, when the boating occurs, there should be up to a minimum of 1 foot below the lowest point of a vessel and the bottom. Again, it must be stressed that this dock is a multi-use dock with only 6 boat slips. The design of the dock has placed the dock in more depth than is required for single family docks in the immediate area as the single family docks only require 18" of water at mean low water. 11. Pursuant to Section 3-601.C.3. Any multi-use dock with a deck area exceeding 500 square feet shall be treated as. a commercial dock. All commercial docks shall be reviewed for compliance with the following criteria. Impacts on water quality: Explain how the dock will not effectively cause erosion..... Again, this is a six slip dock. There is no reason to expect the dock to adversely impact water quality nor is there reason to believe the presence of the mooring facility will create erosion. 12. Pursuant to Section 3-601.C.3. Any multi-use dock with a deck area exceeding 500 square feet shall be treated as a commercial dock. All commercial docks shall be reviewed for compliance with the following criteria. Impacts on natural resources: Explain how the dock will not have material adverse impact upon the conservation of wildlife..... Again, this is a six slip dock. There is no reason to expect the dock to adversely impact the conservation of wildlife. In reality, the dock structures actually represent habitat for marine life. The pilings provide additional substrate for the attachment of benthic organisms and provide shelter for juvenile fish, increasing the diversity of marine life in the vicinity. 13. Pursuant to Section 3-601.C.3. Any multi-use dock with a deck area exceeding 500 square feet shall be treated as a commercial dock. All commercial docks shall be reviewed for compliance with the following criteria. Impacts on natural resources: Explain how the dock will not have adverse impact on vegetated areas; vegetative, terrestrial, or aquatic habitats...... This question has been addressed in many ways in the foregoing discussions. As designed, there is no reason to believe the dock will have adverse impact on vegetated areas, vegetative, terrestrial, or aquatic habitats. 14. Pursuant to Section 3-601.C.3. Any multi-use dock with a deck area exceeding 500 square feet shall be treated as a commercial dock. All commercial docks shall be reviewed for compliance with the following criteria. Impacts on wetlands habitat/uplands: Explain how the dock will not have a material adverse affect upon the uplands surrounding. The dock will be an amenity to the uplands and will serve to enhance the uplands. The dock will not have a material adverse affect upon the uplands surrounding. 15. How will handicapped access be provided to and from the multi-use dock system? This question is an upland site plan question and Woods Consulting will pass through your request to the upland Engineer. Woods Consulting keeps in close communication with the ACCESS group in Washington, the Federal agency that is in the precess of promulgating regulations addressing ADA requirements for marine structures. As of this date, they have not published any ADA criteria. Please note that 14 sets of revised plans are enclosed. Should you require additional information for your review, please give me a call. My regards, Bill Woods Woods Consulting cc: Roger Larson Mark Thompson (Wisne) PAPalm Bluff Feasibility Study (237-05)\Palm Bluff 26 response to City Pre-DRC comments for multi-family WW REV 3.wpd 0 0 Page 1 of 1 Schodtler, John From: Schodtler, John Sent: Monday, November 06, 2006 2:31 PM To: 'Bill Woods' Subject: RE: FLS2006-06038 Palm Bluff Dock Request to Reschedule to 12/7/2006 DRC Meeting Date Bill, I have scheduled you for the December 7, 2006 DRC. We will see you then, enjoy your time off at Thanksgiving. -----Original Message----- From: Bill Woods [maiIto: biIIwoods@woodsconsulting.org] Sent: Monday, November 06, 2006 1:58 PM To: Schodtler, John Subject: RE: FLS2006-06038 Palm Bluff Dock Request to Reschedule to 12/7/2006 DRC Meeting Date John: As I will be out of town for the November DRC meeting date for Palm Bluff, could you please reschedule the DRC for this project for the 12/7 DRC meeting. Please confirm this is possible. My regards, Bill Woods Bill Woods Woods Consulting 1714 County Road 1, Suite 22 Dunedin, FL 34698 Phone: (727) 786-5747 Fax: (727) 786-7479 billwoods(p?woodsconsulting.org www.woodsconsulting.org 11/16/2006 0 0 Page 1 of 1 Schodtler, John From: Bill Woods [billwoods@woodsconsulting.org] Sent: Thursday, November 02, 2006 11:59 AM To: Schodtler, John Subject: FLS2006-06038 Palm Bluff Dock John: Can you advise me s as to the date of the DRC meeting for this project (the Palm Bluff single multi-family dock). Thanks Bill Woods Bill Woods Woods Consulting 1714 County Road 1, Suite 22 Dunedin, FL 34698 Phone: (727) 786-5747 Fax: (727) 786-7479 billwoods@woodsconsulting.org www.woodsconsulting.org 11/16/2006 Woods Consu "19 Environmental Permitting Marine Engineering Hydrogeology Land Planning October 27, 2006 John Schodtler City of Clearwater Planning Department 100 South Myrtle Clearwater, Florida 33756 Re: FLS2006-0603_8 Palm Bluff Multi-Use Docking Facility Encroachment of Multi-Use Docks onto Single Family Lots Dear John: 1714 County Road 1, Suite 22 Dunedin, FL 34698 As stated in our response to the pre-DRC questions, the six slip multi-use dock facility encroaches onto the adjacent single family lots. We would note that the DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR PALM BLUFF PRESERVE specifically addresses this under Article III, Section 7, which reads as follows: Section 7. Easement for the placement of Multi-Use Docks Tie Poles etc. There is hereby created and established an easement in perpetuity on, over and across the submerged lands and use of the surface waters which lie west of Lot 7 and Lot 8 for the placement of dock structure, tie poles and the dock amenities for the construction of the multi-use docks located in the submerged lands of the Common Area lying west of the Common Area uplands. The easement shall be to the extent that it is necessary to construct, maintain, repair and replace the multi-use docks which serve the Subdivision and its Owners and for the reasonable use of the surface waters to ingress, egress and use the multi-use docks. Enclosed is a copy of the Declaration of Covenants for your review. We would also note that Pinellas County (David Walker) has stated that if the County permits the 6 slips multi-use dock on the common area lot, then the county intends to condition the permit with a statement that no dock or pier structure will be allowed on the adjacent single family lots. The Applicant has no issue with the restriction, even though the City of Clearwater has stated they would support the permitting of piers on the single family lots as long as no variances were required. Should you require additional information for your review, please give me a call. My regards, ORIGINAL RECEIVED C_ Bill Woods OC 7 2 7 2006 Woods Consulting cc: John Breco PLANNING DEPARTMENT Roger Larson CITY OF CLEARWATER Ed Armstrong PAPalm Bluff Feasibility Study (237-05)\Palm Bluff 31 Ltr to City re Encrochment of Docks onto SF lots.wpd Office: (727) 786-5747 Fax: (727) 786-7479 Email:billwoods@woodsconsulting.org N This instrument prepared by and to be returned to: Roger A. Larson, Esq. Johnson, Pope, Bokor, Ruppel & Burns, LLP 911 Chestnut Street Clearwater, FL 33756 (727) 461-1818 DECLARATION OF COVENANTS. CONDITIONS AND RESTRICTIONS FOR PALM BLUFF PRESERVE THIS DECLARATION, made on the date hereinafter set forth by WISNE DEVELOPMENT, LLC, a Florida limited liability company, hereinafter referred to as "Declarant", whose mailing address is 3408 Beacon Street, Pompano Beach, Florida 33062. WITNESSETH: WHEREAS, Declarant is the owner of certain real property in Pinellas County, Florida, more particularly described on Exhibit "A" attached hereto and incorporated herein by reference; and WHEREAS, Declarant desires to create an exclusive residential community known as "Palm Bluff Preserve" on the Exhibit "A" land; and WHEREAS, Declarant desires to provide for the preservation of the values and amenities in the community and for the maintenance of the common properties and the Lots; and, to this end, the Declarant desires to subject the real property described in Exhibit "A" to the covenants, restrictions, easements, charges and liens, hereinafter set forth, each and all of which is and are for the benefit of such property and each owner of such property; WHEREAS, Declarant has deemed it desirable, for the efficient preservation of the values and amenities in the community, to create an agency to which should be delegated and assigned the powers of maintaining and administering the common properties and facilities, administering and enforcing the covenants and restrictions, and collecting and disbursing of the assessments and charges hereinafter created; and WHEREAS, the Declarant has incorporated under the laws of the State of Florida, as a not-for-profit corporation, PALM BLUFF PRESERVE HOMEOWNERS ASSOCIATION, INC., for the purpose of exercising the functions stated above, which Association is not intended to be a Condominium Association as such term is defined and described in the Florida Condominium Act (Chapter 718 of the Florida Statutes); NOW, THEREFORE, the Declarant, hereby declares that the real property described in the attached Exhibit "A" shall be held, transferred, sold, conveyed and occupied subject to the following covenants, restrictions, easements, conditions, charges and liens hereinafter set forth which are for the purpose of protecting the value and desirability of, and which shall run with the real property and be binding on all parties having any right, title or interest therein or any part thereof, their respective heirs, personal representatives, successors and assigns, and shall inure to the benefit of each owner thereof. ORIGINAL RECEIVED OCT 2 7 2006 PLANNING DEPARTMENT CITY OF CLEARWATER ft ft ARTICLE I - DEFINITIONS Section 1. "Architectural Control Committee" or the "Committee" shall mean and refer to the person or persons designated from time to time by the Declarant and thereafter the Board to perform the duties as one set forth in Article XI. Section 2. "Articles" shall mean the Articles of Incorporation of PALM BLUFF PRESERVE HOMEOWNERS ASSOCIATION, INC., a Florida non-profit corporation, attached hereto as Exhibit "B" and made a part hereof, including any and all amendments or modifications thereof. Section 3. "Association" shall mean and refer to PALM BLUFF PRESERVE HOMEOWNERS ASSOCIATION, INC., a Florida not for profit corporation, its successors and assigns. Section 4. "Board" shall mean the Board of Directors of the Association. Section 5. "Bylaws" shall mean the Bylaws of the Association attached hereto as Exhibit "C" and made a part hereof, including any and all amendments or modifications thereof. Section 6. "Common Area" shall mean all real property (including the improvements thereon) now or hereafter owned by the Association, for the common use and enjoyment of the Owners. The Common Areas are described on Exhibit "D" attached hereto and incorporated herein by reference. Section 7. "Common Expense" shall mean and refer to any expense for which a general and uniform assessment may be made against the Owners (as hereinafter defined) and shall include, but not be limited to, the expenses of upkeep and maintenance of the Common Area. Section 8. "Community" shall mean Palm Bluff Preserve. Section 9. "County shall mean Pinellas County, Florida. Section 10. "Declarant" shall mean and refer to WISNE DEVELOPMENT, LLC, a Florida limited liability company, its successors and assigns. It shall not include any person or party who purchases a Lot from WISNE DEVELOPMENT, LLC, unless, however, such purchaser is specifically assigned as to such property by separate recorded instrument, some or all of the rights held by WISNE DEVELOPMENT, LLC, as Declarant hereunder with regard thereto. Section 11. "Declaration" shall mean and refer to this DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR PALM BLUFF PRESERVE and any amendments or modifications thereof hereafter made from time to time. Section 12. "Dwelling" shall mean and refer to each and every single-family residential unit constructed on any lot. Section 13. "Developer" shall mean and refer to WISNE • DEVELOPMENT, LLC, a Florida limited liability company, its successors and assigns. Section 14. "FHA" shall mean and refer to the Federal Housing Administration. Section 15. "First Mortgagee" shall mean and refer to an Institutional Lender who holds a first mortgage on a Lot and who has notified the Association of its holdings. Section 16. "FNMA" shall mean and refer to the Federal National Mortgage Association. Section 17. "GNMA" shall mean and refer to the Government National Mortgage As-019 w RECEIVED OCT 2'7 2006 PLANNING DEPARTMENT 2 CITY OF CLEARWATER N Section 18. "HUD" shall mean and refer to the U.S. Department of Housing and Urban Development. Section 19. "Improvement" shall mean all structures or artificially created conditions and appurtenances thereto of every type and kind located upon the Properties which may, but not necessarily, include buildings, lighting, swimming pool, pool equipment building, walkways, sprinkler pipes, road, driveways, parking areas, fences, screening walls, retaining walls, stairs, decks, landscaping hedges, wind breaks, plantings, planted trees and shrubs, poles, signs and flags. Section 20. "Institutional Lender" shall mean and refer to the owner and holder of a mortgage encumbering a Lot or a residential Dwelling, which owner and holder of said mortgage shall be any federally or state chartered bank, insurance company, HUD, VA or FHA approved mortgage lending institution, FNMA, GNMA, recognized pension fund investing in mortgages, and any federally or state chartered savings and loan association or savings bank. Section 21. "Institutional Mortgage" shall mean and refer to any mortgage given or held by an Institutional Lender. Section 22. "Interpretation" Unless the context otherwise requires, the use herein of the singular shall include the plural and vice versa; the use of one gender shall include all genders; and the use of the term "including" shall mean "including without limitation". The headings used herein are for indexing purposes only and shall not be used as a means of interpreting or construing the substantive provisions hereof. Section 23. "Lot" shall mean and refer to the least fractional part of the subdivided lands within any duly recorded plat of any subdivision which prior to or subsequently to such platting is made subject hereto and which has limited fixed boundaries and an assigned number, letter or other name through which it may be identified; provided, however, that "Lot" shall not mean any Common Area. Section 24. "Owner" shall mean and refer to the record owner, whether one or more persons or entities, of the fee simple title to any Lot which is a part of the Properties, including contract sellers, but excluding those having such interest merely as security for the performance of an obligation. The term "Owner" shall include Declarant for so long as Declarant shall hold title to any Lot. Section 25. "Plat" shall mean and refer to the plat of Palm Bluff Preserve recorded in Plat Book 130 at Pages 86 through 88, inclusive, and as thereafter replated as a Replat of Palm Bluff Preserve and recorded in Plat Book pages through , inclusive all of the Public Records of Pinellas County, Florida. Section 26. "Properties" shall mean and refer to that certain real property described on attached Exhibit "A", and made subject to this Declaration. Section 27. Surface Water Management System("SWMS") shall mean to include, but are not limited to all inlets, ditches, swales, culverts, water control structures, retention and detention areas, ponds, lakes, floodplain compensation areas, wetlands and any associated buffer areas and wetland mitigation areas. Section 28. "VA" shall mean and refer to the Veterans Administration. ARTICLE II - PURPOSE Section 1. Operation, Maintenance and Repair of Common Area. The Declarant, in order to insure that the Common Area and other land for which it is responsible hereunder will continue to be maintained in a manner that will contribute to the comfort and enjoyment of the Owners and provide for other matters of concern to them, has organized the Association. The purpose of the Association shall be 3 M M ORIGINAL RECEIVED OCT 2'7 2008 PLANNING DEPARTMENT CITY OF CLEARWATER 40 *0 to operate, manage, maintain, repair and replace the Common Area property, including the streets and the boulevards abutting Palm Bluff Street and Osceola Avenue and as herein after set forth and the multi-use docks constructed in the Common Area submerged lands. The Association shall be responsible for the maintenance, repair and replacement of all property which is owned by, dedicated to, or controlled by the Association including but not limited to the SWMS, conservation tracts and conservation easements, streets, utilities and all of the utility systems located within the Subdivision, the clubhouse, pool and its amenities, including the common multi-use docks and such other facilities and improvements that are owned by dedicated to or controlled by the Association. The Association may contract for such maintenance. ARTICLE III - EASEMENTS Section 1. Easements Reserved in Common Area. The Declarant hereby reserves unto itself, its successors and assigns, whether or not expressed in the deed thereto, the right to grant easements over any of the Common Area, Lots, or any of the Properties for the installation, maintenance, replacement and repair of drainage, water, sanitary sewer, storm sewer, surface water management system, electric and other utility lines and facilities, provided such easements benefit land which is or will become part of the Properties and do not interfere with the Dwellings thereon. The Declarant shall further have the right, but without obligation, to install drainage, as well as water, sanitary sewer, storm sewer and other utility lines and facilities in, on, under and over the Common Area, provided such lines and facilities benefit land, which is or will be within the Properties. The Association shall join in or separately execute any easements for the foregoing purposes, which the Declarant shall direct or request from time to time. The Declarant also hereby reserves for itself and the Association, and its and their grantees, successors, legal representatives and assigns, an easement for ingress and egress, over and across the Properties for the purpose of exercising its and their rights and obligations under this Declaration. Section 2. Easement for Lateral and Subjacent Support. There shall be an appurtenant easement between lands adjacent to the other side of a structure's wall for lateral and subjacent support and for encroachments caused by placement, settling and shifting of any such walls as constructed or reconstructed. Section 3. Easement for Maintenance of Boundary Walls. The Declarant hereby reserves to itself and grants to the Association, its agents and contractors a non-exclusive perpetual easement as to all land adjacent to streets within the Properties or the Lots or streets bounding the perimeter thereof to the extent reasonably necessary to discharge the duties of boundary wall maintenance, if any, under this Declaration. Such right of entry shall be exercised in a peaceful and reasonable manner at reasonable times upon reasonable notice whenever the circumstances permit. There are reserved and established reciprocal appurtenant easements between the lands adjacent to either side of a boundary wall for lateral and subjacent support, and for encroachments caused by the unwillful placement, settling and shifting of any such walls as constructed, repaired or reconstructed. Section 4. Easements Established and Reserved for Utilities and Drainage. (a) There is hereby established and reserved perpetual easements for the installation and maintenance of utilities and drainage areas in favor of the Declarant, the Association, the City of Clearwater and the County in and to all utility easement and drainage easement areas shown on the Plat (which easements shall include, without limitation, the right of reasonable access over Lots to and from the easements areas), and Declarant, Association, the City of Clearwater and the County each shall have the right to convey such easements on an exclusive or non-exclusive basis to any person, corporation or governmental entity. Neither, the easement rights reserved pursuant to this Section or as shown on the Plat shall impose any obligation on Declarant to maintain such easement areas, nor to install or maintain the utilities or improvements that may be located on, in or under such easements, or which may be served by them. All repairs to utilities, not performed by a utility company or governmental agency or the Association and located within a Lot shall be the responsibility of the Owner. Within easement areas, no structure, planting, or other material shall be placed or permitted to remain which may damage or interfere with access to or the installation of the use and maintenance of the easement areas or any utilities or drainage 4 M M facilities, or which may change the direction of flow or obstruct or retard the flow of drainage water in any easement areas, or which may reduce the size of any water retention areas constructed by Declarant in such easement areas. The easement areas of each Lot, whether as reserved hereunder or as shown on the Plat, and all improvements in such easement areas shall be maintained continuously by the Owner of the Lot upon which such easement exists, except for those improvements for which a public authority or utility company or Association is responsible. With regard to specific easements for drainage shown on the Plat, the Declarant shall have the right, without any obligation imposed thereby, to alter or maintain drainage facilities in such easement areas, including slope control areas. (b) The Declarant may designate certain areas of the Properties as "Drainage Easements" on the final plat. No permanent improvements or structures, which obstruct the drainage flow shall be placed or erected upon the Drainage Easements. In addition, no fences, driveways, pools and decks, patios, air conditioners, any impervious surface improvements, utility sheds, sprinkler systems, trees, shrubs, hedges, plants or any other landscaping element other than sod shall be placed or erected upon or within such Drainage Easements. Any structures or improvements placed in the easements shall be at the risk of the Owner. This Paragraph shall not apply to Declarant if such improvements by it are approved by the City of Clearwater or the County. (c) The Declarant, for itself and its successors and assigns, and for the Association hereby reserves an easement ten (10) feet wide running along the rear or side lot line, as the case may be, of any Lot which is parallel to and adjacent to any roads and streets for the purpose of construction of a privacy wall or fence and name monuments for the Properties. Once such fence or monuments, or both, have been erected, the Association, as the case may be, shall have the obligation, at the Association's expense, which shall be a Common Expense, to maintain, repair and replace such wall or fence and monuments in a neat and aesthetic condition. (d) Association and Owners consent hereby to an easement for utilities, including but not limited to telephone, gas, water and electricity, sanitary sewer service, and irrigation, security systems, cable systems and drainage in favor of all lands which abut the Properties, their present Owners and their successors and assigns. The easement set forth in this Paragraph shall include the right to "tie in", join and attach to the existing utilities, sanitary sewer service, irrigation, security systems, cable systems and drainage in the Properties so as to provide access to these services to said abutting lands directly from the Properties. (e) The Board of Directors shall have the right to create new easements for pedestrian and vehicular traffic and utility services across and through the Properties; provided, however, that the creation thereof does not adversely affect the use of any Lot. (f) The creation of new easements as provided for in this Section shall not unreasonably interfere with ingress to and egress from a Lot or residence thereon. (g) In the event that any structure or improvement on any Lot shall encroach upon any of the Common Areas or upon any other Lot for any reason other than the intentional or negligent act of the Owner, or in the event any Common Area shall encroach upon any Lot, then an easement shall exist to the extent of such encroachment for so long as the encroachment shall exist. (h) If ingress and egress to any Dwelling is through the Common Area, any conveyance or encumbrance of the Common Area is subject to the Owner's easement for ingress, egress and utilities. (i) Notwithstanding anything in this Section to the contrary, no easement granted by this Section shall exist under the outside parametrical boundaries of any residential structure or recreational building originally constructed by the Declarant on any portion of the Properties. Section 5. Easement for Marketing and Sale Homes. In addition to the rights reserved elsewhere herein, Declarant reserves an easement for itself or its nominees over, upon, across, and under 5 40 *0 Properties to promote or otherwise facilitate the sale and/or leasing of Homes, and other lands designated by Declarant. Without limiting the foregoing, Declarant specifically reserves the right to use all paved roads and rights of way within Properties for vehicular and pedestrian ingress and egress within the Properties. Declarant has the right to. use all portions of the Properties in connection with its marketing and sales activities, including, without limitation, allowing members of the general public to inspect model homes, installing signs and displays, holding promotional parties and picnics, and using the Properties for every other type of promotional or sales activity that may be employed in the marketing of new and used residential Homes owned by Declarant. The easements created by this Section, and the rights reserved herein in favor of Declarant, shall be construed as broadly as possible and supplement the rights of Declarant set forth in herein. At no time shall Declarant incur any expense whatsoever in connection with its use and enjoyment of such rights and easements. Section 6. Easement for Ingress, Egress, Access and Utilities. The Declarant does hereby declare and establish a non-exlusive easement in perpetuity over, under and across the private street known as Palm Bluff Preserve as shown on the Plat and designated Tract A for ingress, egress, access to Palm Bluff Street, Osceola Avenue and Sunset Drive and for utilities as an appurtenance and benefit to each of the Lots and the Common Area. Provided, however, access to Sunset Drive shall be on an emergency basis only and shall not be used for access except in an emergency. Section 7. Easement for the placement of Multi-Use Docks. Tie Poles etc. There is hereby created and established an easement in perpetuity on, over and across the submerged lands and use of the surface waters which lie west of Lot 7 and Lot 8 for the placement of dock structure, tie poles and the dock amenities for the construction of'the multi-use docks located in the the submerged lands of the Common Area lying west of the Common Area uplands. The easement shall be to the extent that it is necessary to construct, maintain, repair and replace the multi-use docks which serve the Subdivision and its Owners and for the reasonable use of the surface waters to ingress, egress and use the multi-use docks. ARTICLE IV - SURFACE WATER MANAGEMENT SYSTEM. WETLAND AND WILD LIFE HABATAT Section 1. Surface Water Management Systems ("SWMS") Lakes and Wet Retention Ponds. The Association shall be responsible for maintenance of SWMS, ditches, canals, lakes, and water retention ponds in the Properties. All SWMS within the Properties which are accepted by or constructed by the Association or the Declaring, excluding those areas (if any) normally maintained by the County or another governmental agency, will be the ultimate responsibility of the Association, whose agents, employees, contractors and subcontractors may enter any portion of the Common Areas and make whatever alterations, improvements or repairs that are deemed necessary to provide or restore property water management. (a) No construction activities may be conducted relative to any portion of the SWMS. Prohibited activities include, but are not limited to: digging or excavation; depositing fill, debris or any other material or item; constructing or altering any water control structure; or any other construction to modify the SWMS. To the extent there exists within the Properties a wetland mitigation area or a wet detention pond, no vegetation in these areas shall be removed, cut, trimmed or sprayed with herbicide without specific written approval from the South West Florida Water Management District ("District'). Construction and maintenance activities which are consistent with the design and permit conditions approved by the District in the Environmental Resource Permit may be conducted without specific written approval from the District. (b) No Owner or other person or entity shall unreasonably deny or prevent access to water management areas for maintenance, repair, or landscaping purposes by Declarant, the Association, or any appropriate governmental agency that may reasonably require access. Nonexclusive easements therefore are hereby specifically reserved and created. (c) No Lot, Parcel or Common Area shall be increased in size by filling in any lake, pond or other water retention or drainage areas which it abuts. No person shall fill, dike, rip-rap, block, divert or 6 N ? change the established water retention and drainage areas that have been or may be created without the prior written consent of the Association. No person other than the Declarant or the Association may draw water for irrigation or other purposes from any lake, pond or other water management area, nor is any boating, swimming, or wading in such areas allowed. (d) All SWMS and conservation areas, excluding those areas (if any) maintained by the County or another governmental agency, will be the ultimate responsibility of the Association. The Association may enter any Lot, Parcel or Common Area and make whatever alterations, improvements or repairs are deemed necessary to provide, maintain, or restore proper SWMS. The cost shall be a Common Expense. NO PERSON MAY REMOVE NATIVE VEGETATION THAT MAY BECOME ESTABLISHED WITHIN THE CONSERVATION AREAS. "REMOVAL" INCLUDES DREDGING, APPLICATION OF HERBICIDE, PULLING AND CUTTING. (e) Nothing in this Section shall be construed to allow any person to construct any new water management facility, or to alter any SWMS or conservation areas, without first obtaining the necessary permits from all governmental agencies having jurisdiction, including Southwest Florida Water Management District, the Association and the Declarant, its successors and assigns. LOTS MAY CONTAIN OR ABUT CONSERVATION AREAS WHICH ARE PROTECTED UNDER RECORDED CONSERVATION EASEMENTS. THESE AREAS MAY NOT BE ALTERED FROM THEIR PRESENT CONDITIONS EXCEPT IN ACCORDANCE WITH THE RESTORATION PROGRAM INCLUDED IN THE CONSERVATION EASEMENT, OR TO REMOVE EXOTIC OR NUISANCE VEGETATION, INCLUDING, WITHOUT LIMITATION, MELALEUCA, BRAZILIAN PEPPER, AUSTRALIAN PINE, JAPANESE CLIMBING FERN, CATTAILS, PRIMROSE WILLOW, AND GRAPE VINE. THE ASSOCIATION IS RESPONSIBLE FOR PERPETUAL MAINTENANCE OF SIGNAGE REQUIRED BY THE PERMIT ISSUED BY THE DISTRICT, WHICH MAINTENANCE SHALL BE PERFORMED TO THE GREATEST DEGREE LAWFUL BY THE ASSOCIATION. (f) The District has the right to take enforcement measures, including a civil action for injunction and/or penalties, against the Association to compel it to correct any outstanding problems with the SWMS. (g) Any amendment of the Declaration affecting the SWMS or the operation and maintenance of the SWMS shall have the prior written approval of the District. (h) If the Association shall cease to exist, all Lot Owners, shall be jointly and severally responsible for the operation and maintenance of the SWMS in accordance with the requirements of the Environmental Resource Permit, unless and until an alternate entity assumes responsibility as explained in Subsection 2.6.2.2.4.h. of the Environmental Resource Permit. Section 2. Proviso. Notwithstanding any other provision in this Declaration, no amendment of the governing documents by any person, and no termination or amendment of this Declaration, will be effective to change the Association's responsibilities for the SWMS or any conservation areas, unless the amendment has been consented to in writing by the District. Any proposed amendment which would affect the SWMS or any conservation areas must be submitted to the District for a determination of whether the amendment necessitates a modification of the surface water management permit. If the Association ceases to exist, all the Owners, shall be jointly and severally responsible for operation and maintenance of the SWMS facilities in accordance with the requirements of the Environmental Resource Permit, unless and until an alternate entity assumes responsibility. The District shall have the right to take enforcement measures, including a civil action for injunction and/or to compel the correction of any outstanding problems with the SWMS facilities. Section 3. Provision for Budget Expense. In the event the Properties have on site wetland mitigation as defined in the regulations which requires monitoring and maintenance, the Association shall include in its budget an appropriate allocation of funds for monitoring and maintenance of the wetland 7 N ti mitigation area(s) each year until the District determines that the area(s) is successful in accordance with the Environmental Resource Permit. Section 4 Wetland Conservation Area. Some Lots may abut or contain Wetland Conservation Areas, which are protected under the County Land Development Code. The Wetland Conservation Areas must be permanently retained in a natural state, and may not be altered from their present state, except as may be specifically authorized in writing by the County. Unless authorized in writing by the County, and unless specifically conforming to the Management Plan developed and adopted by the County: (a) No structures or construction of any kind may be erected (b) No filling, excavation, dredging, prop-dredging, grading, paving, clearing, timbering, ditching, draining, contamination, or other development shall be permitted. (c) No activity may be done or performed which would adversely affect or impair (i) endangered or threatened species of special concern as to nesting, reproduction, food source, habitat or cover or affect the vegetation itself; (ii) available habitat for fish and aquatic life or result in emigration from adjacent or associated ecosystems and macro habitats; (iii) existing biosystems or ecosystems; or (iv) recovery of an impaired system. (d) No organic or inorganic matter or deleterious substances or chemical compounds may be discharged or placed in the Wetland Conservation Areas. Section 5 Significant Upland Wildlife Habitat Conservation Area. The Significant Upland Wildlife Habitat Conservation Area is protected by the County Land Development Code, as amended, and must be retained in a natural state. No filling, excavating, removal of vegetation or construction of permanent structures or other impervious surfaces shall occur within the Significant Upland Wildlife Habitat Conservation Area unless specifically conforming to a wildlife management plan as approved by the County. Section 6. Non-Liability for Fluctuation of Water Levels. Neither the Declarant, or the Association, nor any officer, director, employee or agent of such entities or persons shall have any liability for aesthetic conditions, damage to lateral plantings or direct or consequential damages of any nature or kind caused by the fluctuation of water levels. Section 7. The SWMS facilities are located on land that is designated common property on the plat, are located on land that is owned by the Association, or is located on land that is subject to an easement in favor of the Association and its successors. Section 8. Environmental Resource Permits and County Permits The permits affecting the Properties are attached to this Second Amendment and are hereby incorporated into the Declaration. The Properties are and shall hereafter be encumbered with the obligations, terms and conditions set forth in these permits. (a) Southwest Florida Water Management District Environmental Resource General Construction Permit No. 46028863.00 - Project Name: Palm Bluff Subdivision. ARTICLE V - PROPERTY RIGHTS OF OWNER Section 1. Owners' Easements of Enjoyment. Every Owner shall have a right and non-exclusive easement of enjoyment in and to the Common Area which shall be appurtenant to and shall pass with the title to every Lot, subject to the following provisions: (a) The right of the Association from time to time in accordance with its Bylaws to establish, modify, amend and rescind reasonable rules and regulations regarding use of the Common Area; 8 (b) The right of the Association to charge reasonable admission and other fees for use of any facilities situated upon the Common Area; (c) The right of the Association to suspend the voting rights and right to use of the Common Area by an Owner for any period during which any regular annual assessment levied under this Declaration against his Lot remains unpaid for a period in excess of ninety (90) days, and for a period not to exceed sixty (60) days for any infraction of its published rules and regulations; (d) The right of the Association to dedicate or transfer all or any part of the Common Area to any public agency, authority, or utility as provided by its Articles; (e) The right of the Association to grant easements as to the Common Area or any part thereof as provided by its Articles; and, (f) The right of the Association to otherwise deal with the Common Area as provided by its Articles. Section 2. Delegation of Use. Any Owner may delegate, in accordance with the Bylaws, his right of enjoyment to the Common Area and facilities to the members of his family, his tenants, or contract purchasers provided the foregoing actually reside at the Owner's Lot. Section 3. Title to Common Area. The Declarant shall convey to the Association for no consideration title to any Common Area subject to such easements, reservations, conditions and restrictions as may then be of record, including this Declaration. ARTICLE VI- MEMBERSHIP AND VOTING RIGHTS Section 1. Voting Rights. Every Owner of a Lot, which is subject to assessment shall be a member of the Association, subject to and bound by the Association's Articles of Incorporation, Bylaws, Rules and Regulations, and this Declaration. The foregoing does not include persons or entities, holding a leasehold interest or an interest merely as security for the performance of an obligation. Ownership, as defined above, shall be the sole qualification for membership. When, any Lot is owned of record by two or more persons or other legal entity, all such persons or entities shall be members. An Owner of more than one Lot shall be entitled to one membership for each Lot owned. Membership shall be appurtenant to and may not be separated from ownership of any Lot, which is subject to assessment, and it shall be automatically transferred by conveyance of that Lot. The Declarant shall be a member so long as it owns one or more Lots. Section 2. Membership Classifications. The Association shall have two classes of voting membership, Class A, and Class B. All votes shall be cast in the manner provided in the Bylaws. The two classes of voting memberships, and voting rights related thereto, are as follows: (a) Class A. Class A members shall be all Owners of Lots subject to assessment; provided, however, so long as there is Class B membership the Declarant shall not be a Class A member. When more than one person or entity holds an interest in any Lot, the vote for such Lot shall be exercised as such persons determine, but in no event shall more than the number of votes hereinafter designated be cast with respect to such Lot nor shall any split vote be permitted with respect to such Lot. Every Owner of a Lot within the Properties, who is a Class A member, shall be entitled to one (1) vote for that Lot. (b) Class B. The Class B member of the Association shall be the Declarant until such Class B membership is converted to Class A at Declarant's option or as hereinafter set forth. Class B Lots shall be all Lots, owned by the Declarant which have not been converted to Class A as provided below. The Declarant shall be entitled to nine (9) votes for each Class B Lot which it owns. 9 (c) Termination of Class B. From time to time, Class B membership may cease and be converted to Class A membership, and any Class B Lots then subject to the terms of this Declaration shall become Class A Lots upon the happening of any of the following events, whichever occurs earliest: (i) When 90% of the Lots are conveyed to Owners, other than Declarant; or (ii) On December 31, 2015; or (iii) When the Declarant waives in writing its right to Class B membership. Notwithstanding the foregoing, if at any time or times subsequent to any such conversion, additional land is added by the Declarant pursuant to Article XII hereof, such additional land shall automatically be and become Class B Lots. In addition, if following such addition of land, the total votes allocable to all Lots then owned by the Declarant (calculated as if all such Lots are Class B, whether or not they are) shall exceed the remaining total votes outstanding in the remaining Class A membership (i.e., excluding the Declarant), then any Class A Lots owned by the Declarant shall automatically be reconverted to Class B. Any such reconversion shall not occur, however, if either occurrence (ii) or (iii) above shall have taken place. ARTICLE VII -MAINTENANCE AND REPAIR OBLIGATIONS Section 1. Association Responsibilities. The Association, subject to the rights of the Owners set forth in this Declaration, shall be responsible for the exclusive management and control of the Common Area, and shall keep the same in good, clean and proper condition, order and repair. The Association shall also maintain and care for the land designated in Article II hereof, in the manner therein required. The Association shall be responsible for the payment of all costs, charges and expenses incurred in connection with the operation, administration and management of the Common Area, and performance of its other obligations hereunder. Section 2. Manager. The Association may obtain, employ and pay for the services of an entity or person, hereinafter called the "Manager", to assist in managing its affairs and carrying out its responsibilities hereunder to the extent it deems advisable, as well as such other personnel as the Association shall determine to be necessary or desirable, whether such personnel are furnished or employed directly by the Association or by the Manager. Any management agreement must be terminable for cause upon thirty (30) days notice, be for a term not to exceed three (3) years, and be renewable only upon mutual consent of the parties. Section 3. Personal Property for Common Use. The Association may acquire and hold tangible and intangible personal property and may dispose of the same by sale or otherwise, subject to such restrictions, if any, as may from time to time be provided in the Association's Articles or Bylaws. Section 4. Insurance. The Association at all times shall procure and maintain adequate policies of public liability insurance, as well as other insurance that it deems advisable or necessary, including, but not limited to, fire, windstorm, hazard and where appropriate, flood insurance. The Association additionally shall cause all persons responsible for collecting and disbursing Association moneys to be insured or bonded with adequate fidelity insurance or bonds. The Lot Owner shall be obligated to procure and maintain fire, windstorm and all hazard insurance on the contents of the Dwelling and all improvements not the responsibility of the Association, and for the personal property of the Lot Owner and public liability insurance. Section 5. Implied Rights. The Association may exercise any other right or privilege given to it expressly by this Declaration, its Articles or Bylaws, or by law and every other right or privilege reasonably implied from the existence of any right or privilege granted herein or therein or reasonably necessary to effectuate the exercise of any right or privileges granted herein or therein. Section 6. Common Expense. The expenses and costs incurred by the Association in performing the rights, duties, and obligations set forth in this Article, are hereby declared to be Common 10 M y Expenses and shall be paid by Class A members. All expenses of the Association in performing its duties and obligations or in exercising any right or power it has under this Declaration, the Articles of Incorporation or the Bylaws are deemed to be and are hereby Common Expenses. Common Expenses shall be borne by Class A members. Section 7. Suspension of Use Rights; Levy of Fines. The Association may suspend for a reasonable period of time the rights of an Owner or an Owner's tenants, guests, or invitees, or both, to use the Common Areas and facilities and may levy reasonable fines, not to exceed One Hundred and no/100 Dollars ($100.00) per violation per day for each day of a continuing violation not to exceed One Thousand and no/100 Dollars ($1,000.00) in the aggregate, against any Owner or any tenant, guest or invitee for failure to comply with the provisions of this Declaration, the Articles, Bylaws or rules and regulations promulgated by the Association. A fine or suspension may be imposed only after giving such Owner, tenant, guest or invitee at least fourteen (14) days written notice and an opportunity for a hearing before a committee of at least three (3) members of the Association appointed by the Board of Directors who are not officers, directors, or employees of the Association, or the spouse, parent, child, brother, or sister of an officer, director or employee. The committee must approve a proposed fine or suspension by a majority vote. No suspension of the right to use the Common Area shall impair the right of an Owner or Owner's tenant to have vehicular ingress to and egress from such Owner's Lot, including, but not limited to, the right to park. Section 8. Litigation. Notwithstanding the powers granted to the Association pursuant to Florida Statute Chapter 720. The Association may not initiate an action de novo, or by cross claim, or third party complaint, at law or in equity against the Declarant unless the members of the Association entitled to cast votes have approved such action by a vote of 75% of all of the voting membership in the Association, at a duly called meeting of the membership of the Association. This prohibition and/or limitation shall not be construed, however, to preclude the Association from responding to a counterclaim, crossclaim or third party complaint where the Association has been brought as a party in such litigation nor shall it be interpreted to preclude an action on behalf of the Association against a member, other than the Declarant, or occupant, other than the Declarant, to enforce the terms and conditions of the Declaration of Covenants, Conditions and Restrictions. ARTICLE VIII - COVENANT FOR MAINTENANCE ASSESSMENTS Section 1. Creation of the Lien and Personal Obligation for Assessments. The Declarant, for each Lot within the Properties, hereby covenants, and each Owner of any Lot by acceptance of a deed or other conveyance thereto, whether or not it shall be so expressed in such deed or conveyance, is deemed to covenant and agrees to pay to the Association: (1) annual assessments or charges and charges for Common Expenses; and (2) special assessments or charges against a particular Lot as may be provided by the terms of this Declaration. Such assessments and charges, together with interest, costs and reasonable attorney's fees, shall be a charge on the land and shall be a lien upon the property against which such assessment is made. Each such assessment or charge, together with interest, costs, and reasonable attorney's fees shall also be the personal obligation of the person who was the Owner of such property at the time when the assessment fell due. Additionally, there shall be a one time capital contribution fee which shall be paid by each Owner at the time of closing of title for the purchase of their Lot, and such payment shall be paid to the Association to fund its operations account. The Declarant, while in control of the Association, shall use the funds paid to this account by each Owner to pay the operational costs of the Association. Section 2. Purpose of Assessments. The assessments levied by the Association shall be used to promote the recreation, health, safety, and welfare of the residents of the Properties, and for the improvement and maintenance of the Common Area and of the Lots and Dwellings as provided herein, and the carrying out of the other responsibilities and obligations of the Association under this Declaration, the Articles and the Bylaws. Without limiting the generality of the foregoing, such funds may be used for the acquisition, improvement and maintenance of Properties, services and facilities related to the use and enjoyment of the Common Area, including the costs of repair, replacement and additions thereto; the cost of 11 w • labor, equipment, materials, management and supervision thereof; the payment of taxes and assessments made or levied against the Common Area, if any; the procurement and maintenance of insurance; the employment of attorneys, accountants and other professionals to represent the Association when necessary or useful; the maintenance, landscaping and beautification of the Common Area and such public lands as may be designated by the Declarant or the Association; the maintenance, repair and replacement of boundary walls required or permitted to be maintained by the Association; the employment of security personnel to provide services which are not readily available from any governmental authority; and such other needs as may arise, and the maintenance and repair obligations set forth herein to be performed on the Lots and the Dwellings. Section 3. Maximum Annual Assessment for Common Expenses. (a) Initial Assessment. Prior to January 1 of each year immediately following the conveyance by the Declarant of the first Lot to an Owner, the Board shall establish the Maximum Annual Common Expenses Assessment for Common Expenses per Lot. (b) Standard Increases. From and after January 1 of the year immediately following the conveyance by the Declarant of the first Lot to an Owner, the Maximum Annual Assessment for Common Expenses as stated above shall increase each year by fifteen percent (15%) above the Maximum Annual Assessment for the previous year. Notwithstanding the foregoing, the Board shall have the authority to adopt an annual assessment which is less than the Maximum Annual Assessment. (c) Special Increases. From and after January 1 of the year immediately following the conveyance by the Declarant of the first Lot to an Owner, the Maximum Annual Assessment for Common Expenses may be increased above the increase permitted by subsection 3(b) above by a vote of two-thirds (2/3) of each class of Voting Members at a meeting duly called for this purpose. (d) Duty of Board to Fix Amount. The Board of Directors may fix the annual assessment for Common Expenses at an amount not in excess of the maximum annual assessment rate established in this Section. Section 4. Special Assessments for Capital Improvements. In addition to the annual assessments authorized above, the Association may levy, in any assessment year, a special assessment applicable to that year only for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, repair or replacement of a capital improvement, including fixtures and personal property related thereto, provided that any such assessment shall have the assent of two-thirds (2/3) of the votes of each class of members who are voting in person or by proxy at a meeting duly called for this purpose. Section 5. Notice of Meeting and Quorum for Any Action Authorized Under Sections 3 and 4. Written notice of any members meeting called for the purpose of taking any action authorized under Section 3 and 4 of this Article shall be sent to all members not less than thirty (30) days nor more than sixty (60) days in advance of the meeting. At such meeting, the presence of members or of proxies entitled to cast thirty (30%) percent of all the votes of each class of membership shall constitute a quorum. If the required quorum is not present, another meeting may be called subject to the same notice requirement, and the required quorum at the subsequent meeting shall be the presence of members or of proxies entitled to cast twenty (20%) percent of all the votes of each class of membership. No subsequent meeting shall be held more than sixty (60) days following the preceding meeting. Section 6. Declarant's Common Expenses Assessment. Notwithstanding any provision of this Declaration or the Association's Articles or Bylaws to the contrary, as long as there is Class B membership in the Association, the Declarant shall not be obligated for, nor subject to any annual assessment for any Lot which it may own, provided Declarant shall be responsible for paying the difference between the Association's expenses of operation otherwise to be funded by annual assessments and the amount received from Owners, other than the Declarant, in payment of the annual assessments levied against their Class A Lots. Such difference shall be called the "deficiency", and shall not include any reserve for replacements, operating reserve, depreciation reserves, capital expenditures or special assessments. The 12 40 % Declarant may at any time, give thirty (30) days prior written notice to the Association terminating its responsibility for the deficiency, and waiving its right to exclusion from annual assessments. Upon giving such notice, or upon termination of Class B membership, whichever is sooner, each Lot owned by Declarant shall thereafter be assessed at twenty-five percent (25%) of the annual assessment established for Lots owned by Class A members other than Declarant. Declarant shall not be responsible for any reserve for replacements, operating reserves, depreciation reserves, capital expenditures or special assessments. Such assessment shall be prorated as to the remaining months of the year, if applicable. Declarant shall be assessed only for Lots which are subject to the operation of this Declaration. Upon transfer of title of a Lot owned by Declarant, the Lot shall be assessed in the amount established for Lots owned by Owners other than the Declarant, prorated as of and commencing with the date of closing. Notwithstanding the foregoing, any Lots from which the Declarant derives any rental income, or holds an interest as mortgagee or contract Seller, shall be assessed at the same amount as Lots owned by Owners other than the Declarant, prorated as of and commencing with, the month following the execution of the rental agreement or mortgage, or the contract purchaser's entry into possession as the case may be. Section 7. Exemption from Assessments. The assessments, charges and liens provided for or created by this Article VIII shall not apply to the Common Area or any other homeowner's association, any property dedicated to and accepted for maintenance by a public or governmental authority or agency, any property owned by a public or private utility company or public or governmental body or agency, and any property owned by a charitable or non-profit organization except for Lots. Section 8. Date of Commencement of Annual Assessments: Due Dates. The annual assessments for Common Expenses shall commence as to all Lots subject thereto upon the conveyance of the first lot from the Declarant to its purchaser. The Board of Directors shall fix the amount of the Maximum Annual Assessment for Common Expenses against each Lot not later than December 1 of each calendar year for the following calendar year. Written notice of the annual assessment for Common Expenses shall be sent to every Owner subject hereto. Unless otherwise established by the Board of Directors, annual assessments for Common Expenses shall be collected on an annual basis. The due date for special assessments shall be as established by the Board of Directors. Section 9. Lien for Assessments. All sums assessed to any Lot pursuant to this Declaration, including those owned by the Declarant, together with interest and all costs and expenses of collection, including reasonable attorney's fees, shall be secured by a continuing lien on such Lot in favor of the Association. Section 10. Effect of Nonpayment of Assessments: Remedies of the Association. Any assessment not paid within thirty (30) days after the due date shall bear interest from the date of delinquency at the rate of 18% per annum. The Association may bring an action at law against the Owner personally obligated to pay the same, or foreclose the lien against the Lot. No Owner may waive or otherwise escape liability for the assessments provided for herein by non-use of the Common Area, or abandonment of his Lot. Section 11. Foreclosure. The lien for sums assessed pursuant to this Declaration may be enforced by judicial foreclosure by the Association in the same manner in which mortgages on real property may be foreclosed in Florida. In any such foreclosure, the Owner shall be required to pay all costs and expenses of foreclosure, including reasonable attorney's fees. All such costs and expenses shall be secured by the lien being foreclosed. The Owner shall also be required to pay to the Association any assessments against the Lot which shall become due during the period of foreclosure, and the same shall be secured by the lien foreclosed and accounted for as of the date the Owner's title is divested by foreclosure. The Association shall have the right and power to bid at the foreclosure or other legal sale to acquire the Lot foreclosed, and thereafter to hold, convey, lease, rent, encumber, use and otherwise deal with the same as the owner thereof. Section 12. Homestead. By acceptance of a deed thereto, the Owner and spouse thereof, if married, of each Lot shall be deemed to have waived any exemption from liens created by this Declaration or the enforcement thereof by foreclosure or otherwise, which may otherwise have been available by reason 13 so ft of the homestead exemption provisions of Florida law, if for any reason such are applicable. This Section is not intended to limit or restrict in any way the lien or rights granted to the Association by this Declaration, but to be construed in its favor. Section 13. Subordination of the Lien to Mortgages. The lien of the assessments provided for herein shall be subordinate to the lien of any first mortgage which is given to or held by an Institutional Lender, or which is guaranteed or insured by the FHA or VA. The sale or transfer of any Lot pursuant to foreclosure of such a first mortgage or any proceeding in lieu thereof, shall extinguish the lien of such assessments as to payments which became due prior to such sale or transfer. No sale or transfer shall relieve such Lot from liability for any assessments thereafter becoming due or from the lien thereof. The Association shall, upon written request, report to any such first mortgagee of a Lot any assessments remaining unpaid for a period longer than thirty (30) days after the same shall have become due, and shall give such first mortgagee a period of thirty (30) days in which to cure such delinquency before instituting foreclosure proceedings against the Lot;. provided, however, that such first mortgagee first shall have furnished to the Association written notice of the existence of its mortgage, which notice shall designate the Lot encumbered by a proper legal description and shall state the address to which notices pursuant to this Section are to be given. Any such first mortgagee holding a lien on a Lot may pay, but shall not be required to pay, any amounts secured by the lien created by this Article VIII. Mortgagees are not required to collect assessments. Section 14. Special Assessment for Maintenance Obligations of Owners. In the event an Owner shall fail to perform any maintenance, repair or replacement, or fails to obtain proper permission and approval from the Committee required under the terms of this Declaration, or in the event any Owner shall install or construct an improvement, or shall change the exterior appearance of any improvement that is inconsistent with Committee approval or without first seeking and securing permission to do so from the Committee in accordance with Article XI herein, the Association, upon ten (10) days prior written notice sent certified or registered mail, return receipt requested, or hand delivered, may enter upon such Lot and have such work performed, or correct the violation, and the cost thereof, including attorneys fees incurred, with or without trial, shall be specially assessed against such Lot, which assessment shall be secured by the lien set forth in Section 9 of this Article VIII. Section 15. Certificate of Amounts Due. The Association shall upon demand, and for a reasonable charge, furnish a certificate signed by an officer of the Association setting forth whether the assessments on a specified Lot have been paid. A properly executed certificate of the Association as to the status of assessments on a Lot shall be binding upon the Association as of the date of its issuance. Section 16. Cable Television. Declarant may, but shall not be obligated to, coordinate and establish an agreement with one or more cable television service companies for the provision of cable television services to the community and all Dwellings included therein. If such agreement is established, the fees for the cable television service payable to the service provider shall be a common expense payable by the Association and shall be included within the annual budget for which the assessments are levied each year. No Owner may avoid or escape liability for any portion of the assessments by election not to utilize the cable television service. Section 17. Visual Security. Declarant may, but shall not be obligated to, coordinate and establish an agreement with one or more cable television service companies for the provision of a visual security service channel to the community and all Dwellings included therein. If such agreement is established, the fees for the visual security service channel payable to the service provider shall be a common expense payable by the Association and shall be included within the annual budget for which the assessments are levied each year. No Owner may avoid or escape liability for any portion of the assessments by election not to utilize the visual security service channel. ARTICLE IX - USE RESTRICTIONS Section 1. Residential Use. All of the Subdivision shall be known and described as residential property and no more than one Dwelling may be constructed on any Lot, except that more than one Lot may 14 M % be used for one Dwelling, in which event, all Restrictions shall apply to such Lots as if they were a single Lot, subject to the easements indicated on the Plat and the easement reserved in Section 4 of this Article. Section 2. Structures. No residence or structures, of any kind, shall be erected nearer than permitted by the setback lines shown on the Plat. Above ground swimming pools are prohibited. Section 3. Dwelling. No Dwelling shall have a floor square foot area of less than four thousand (4000) square feet, exclusive of screened area, open porches, terraces, patios and garages. All Dwellings shall have at least two (1) inside baths. A "bath", for the purposes of this Declaration, shall be deemed to be a room containing at least one (1) shower or tub, and a toilet and wash basin. All Dwellings shall have at least a three (3) car garage attached to and made part of the Dwelling. Notwithstanding the foregoing restriction on height, in order to maintain the vista view from each Dwelling to Clearwater Harbor to the west the following Lots shall have the following height restrictions: Lots 1, 2, 3 and 4 shall have a height limitation not to exceed forty-five (45) measured above average grade; Lots 5, 6, 7 and 8 shall have a height limitation not to exceed twenty (20) feet above average grade. The height restriction, in each case, shall also limit the placement of trellis, pillars, satellite dishes or other such receiver connections or other structures or improvements, temporary or otherwise. All Dwellings shall be constructed with paver driveways and grassed front, side and rear lawns. Each Dwelling shall be landscaped by the Developer and the configuration of the landscaping shall remain as the Developer has created it except if a change is approved by the Committee.. Section 4. Lot Owner's Responsibility for Boundary Walls. Lot Owners other than Declarant shall not alter or modify any boundary wall installed by the Developer, including, without limitation, the color of such boundary wall. The responsibility for maintenance, repair or painting of the interior and exterior of a wall pursuant to this Article shall not be the responsibility of the Lot Owner, but shall be the responsibility of the Association and shall be a Common Expense. The Association shall have a right of entry upon an Owner's Lot for such purpose and such entry shall not constitute a trespass. Section 5. Use of Accessory Structures. Other than the Dwelling and its attached garage, no tent, shack, barn, utility shed or building shall, at any time, be erected and used on any Lot temporarily or permanently, whether as a residence or for any other purpose; provided, however, temporary buildings, mobile homes, or field construction offices may be used by Declarant and its agents in connection with its operations. No recreation vehicle may be used as a residence or for any other purpose on any of the Lots in the Properties. Section 6. Commercial Uses and Nuisances. No trade, business, profession or other type of commercial activity shall be carried on upon any Lot, except (i) as hereinafter provided for Declarant, (ii) those home businesses approved by the City of Clearwater in its code, and (iii) except that real estate brokers, Owners and their agents may show Dwellings for sale or lease; nor shall anything be done on any Lot which may become a nuisance, or an unreasonable annoyance to the neighborhood. Every person, firm or corporation purchasing a Lot recognizes that Declarant, its agents or designated assigns, have the right to (i) use Lots or houses erected thereon for sales offices, field construction offices, storage facilities, general business offices, and (ii) maintain fluorescent lighted or spotlight furnished model homes in the Properties open to the public for inspection seven (7) days per week for such hours as are deemed necessary. Declarant's rights under the preceding sentence shall terminate on December 31, 2012, unless prior thereto Declarant has indicated its intention to abandon such rights by recording a written instrument among the Public Records of the County. It is the express intention of this Section that the rights granted Declarant to maintain sales offices, general business offices and model homes shall not be restricted or limited to Declarant's sales activity relating to the Properties, but shall benefit Declarant in the construction, development and sale of such other property and Lots which Declarant may own. Section 7. Animals. No animals, livestock, or poultry of any kind shall be raised, bred, or kept on any Lot, except that cats, dogs, and other household pets may be kept provided they are not kept, bred, or maintained for any commercial purposes; provided further that no person owning or in custody of a dog or cat shall allow the dog or cat to stray or go upon another Lot without the consent of the Owner of such Lot; and provided further that no more than a total of two (2) pets may be kept on any Lot. Each dog or cat 15 r % must be on a leash and in full physical control by the Owner or Owner's family member at all times when the dog or cat is outside of the Owner's Lot. All excretions shall be immediately removed from the Property by the owner or caretaker of the pet, placed in a sealed container and placed in the Owner's solid waste container. Section 8. Fences, Walls and Hedges. Construction or planting of any fence, wall or hedgeis prohibited. Except as to fences, walls or hedges originally constructed or planted by Declarant, if any, no fences, walls or hedges of any nature may be erected, constructed or maintained upon any Lot. committee Section 9. Vehicles. Vehicles of every kind are to be parked in the garage of the Dwelling with the garage doors closed. In the event all vehicles cannot be parked in the garage, then such vehicles(s) may only be parked in the driveway of the Lot. The overnight parking of vehicles of any kind in the Common Area is prohibited except in areas designated as parking areas by the Association; provided, however the overnight parking of any of the following vehicles is prohibited upon any areas of the Properties: trucks or vans used for commercial purposes, mobile homes, trailers, boats, boat trailers, truck campers and any trucks or vans weighing more than 3/4 ton unless parked fully within a closed garage. The provisions hereof shall not apply to Declarant or Developer, and their invitees, in connection with the construction, development or marketing of the Properties or marketing of the Lots. No inoperable vehicle may be parked on the Common Area, or on the Property, including, without limitation, designated parking areas. The Board, in its sole discretion, shall determine if a vehicle is inoperable in the event one of the following conditions occur: (i) the vehicle does not have a current license tag from the Florida Department of Motor Vehicles or the proper licensing authority of one of the other United States or a foreign country; or (ii) the vehicle has not been moved for a period of at least seven (7) days. In the event the Board determines a vehicle is inoperable, and it has been able to determine ownership of the vehicle, the Board shall deliver a notice to such owner giving the owner seven (7) days to register the vehicle with the proper licensing authority or to remove the vehicle from the Common Area and the Property. In the event the Board is unable to determine the ownership of the vehicle, it shall place such notice on the windshield of such vehicle. In the event the owner of the inoperable vehicle fails to correct the situation within such 7 day period, the Board may have such vehicle towed away. The cost of towing, storage, any impound fees, and all costs and expenses incurred by the Association in connection with such vehicle shall be the sole cost of the owner of the vehicle. All sums so incurred by the Association, together with interest and all costs and expenses of collection, shall be secured by a continuing lien on such Owner's Lot in favor of the Association. Section 10. Storage. No Lot shall be used for the storage of rubbish, trash, garbage or other waste. Such rubbish, trash, garbage or other waste shall not be kept or stored except in sanitary containers properly concealed from public view. Section 11. Clothes Hanging and Drying. All outdoor clothes hanging and drying activities are prohibited. Section 12. Antennas and Roof Structures. No television, radio, or other electronic towers, aerials, antennas, satellite dishes or devises of any type for the reception or transmission of radio or television broadcasts or other means of communication shall hereafter be erected, constructed, placed or permitted to remain on any Lot or upon any improvements thereon, except that this prohibition shall not apply to those antennas specifically covered by 47 C.F.R. Part 1, Subpart S, Section 1.4000 (or any successor provision) promulgated under the Telecommunications Act of 1996, as amended from time to time. The Association shall be empowered to adopt rules governing the types of antennas that are permissible hereunder and establishing reasonable, non-discriminatory restrictions relating to safety, location and maintenance of antennas. To the extent that reception of an acceptable signal would not be impaired, an antenna permissible pursuant to rules of the Association may only be installed in a side or rear yard location, not visible from the street or neighboring property, and integrated with the Dwelling and surrounding landscape. Antennas shall be installed in compliance with all state and local laws and regulations, including zoning, land use, and building regulations. Such devices nevertheless shall not be positioned above the top of the eve of the roof. 16 w ft Section 13. Street Lighting. In accordance with Article I, Section 7 and Article II, Section 1, hereof, the cost of street lighting, if any, shall be a common expense of the Association. Section 14. Window Treatments. No newspaper, aluminum foil, reflective film, nor any other material, other than usual and customary window treatments, shall be placed over the windows of any Dwelling. Window treatments facing out shall be in white of ivory backing. Section 15. Signs. No sign, billboard or advertising of any kind shall be displayed to public view on any of the Properties without the prior written approval of the Committee. Any such request submitted to the Committee shall be made in writing, accompanied by a drawing or plan for one (1) discreet professionally prepared sign not to exceed twelve (12) inches in width and twelve (12) inches in height, to be placed inat the entry gate in place determined by the Board of Directors. Such sign shall contain no other wording than "For Sale" or "For Rent", the name, address and telephone number of one (1) registered real estate broker, or a telephone number of an Owner or his agent. In no event shall more than one (1) sign ever be placed on any Lot. Notwithstanding the foregoing provisions, the Declarant specifically reserves the right, for itself and its agents, employees, nominees and assigns the right, privilege and easement to construct, place and maintain upon the Properties such signs as it deems appropriate in connection with the development, improvement, construction, marketing and sale of any of the Properties. Except as hereinabove provided, no signs or advertising materials displaying the names or otherwise advertising the identity of contractors, subcontractors, real estate brokers or the like employed in connection with the construction, installation, alteration or other improvement upon or the sale or leasing of the Properties shall be permitted. Section 16: Trees. No Owner shall remove, damage, trim, prune or otherwise alter any tree in the Properties, the trunk of which tree is eight (8) inches or more in diameter at a point twenty-four (24) inches above the adjacent ground level, except as follows: (a) With the express written consent of the Association. (b) If the trimming, pruning or other alteration of such tree is necessary because the tree or a portion thereof creates an eminent danger to person or property and there is not sufficient time to contact the Association or their approval. (c) It is the express intention of this Section 16 that the trees existing on the Properties at the time of the recording of this Declaration, and those permitted to grow on the Properties after said time, be preserved and maintained as best as possible in their natural state and condition. Accordingly, these provisions shall be construed in a manner most favorable to the preservation of that policy and intent. Section 17. Landscaping. No Owner shall remove, damage, trim, prune or otherwise alter any landscaping in the Properties that were installed by the Developer or Declarant except as follows: (a) With the express written consent of the Association. (b) It is the express intention of this Section 17 that the landscaping existing on the Properties at the time of the recording of this Declaration, and those permitted to grow on the Properties after said time, be preserved and maintained as best as possible in their natural state and condition. Accordingly, these provisions shall be construed in a manner most favorable to the preservation of that poli- cy and intent. The Association shall be responsible for the maintenance, care and replacement of the landscaping as a Common Expense. Section 18. Prohibition of Certain Activities. No damage to, or waste of, the Common Area or any part thereof, shall be committed by any Owner or any tenant or invitee of any Owner. No noxious, destructive or offensive activity shall be permitted on or in the Common Area or any part thereof, nor shall anything be done thereon which may be or may become an unreasonable annoyance or nuisance to any 17 0 ft other Owner. No Owner may maintain, treat, landscape, sod, or place or erect any improvement or structure of any kind on the Common Area without the prior written approval of the Board of Directors. Section 19. Rules and Regulations. No Owner or other permitted user shall violate the reasonable Rules and Regulations for the use of the Common Area, as the same are from time to time adopted by the Board. Section 20. Flags and Flagpoles. Other than the Declarant an Owner may display only one removable and portable United States flag or official flag of the State of Florida on the Owner's Dwelling, provided the flag is displayed in a respectful manner, and on Armed Forces Day, Memorial Day, Flag Day, Independence Day, and Veterans Day may display in a respectful manner peortable, removable official flags, not larger than 4 '/ feet by 6 feet, which represent the United States Army, Navy, Air Force, Marine Corps, or Coast Guard, regardless of any declaration rules or requirements dealing with flags or decorations.. Section 20. Above Ground Tanks. The placement or maintaining on a Lot of any and all kinds of above ground fuel tanks are strictly prohibited. This prohibition shall include, but not be limited to, fuel tanks of gas, kerosene, diesel fuel, propane or similar fuels, but shall exclude small attachable tanks for gas grills. In ground tanks may be installed on a Lot provided the tank is permitted by local, state or federal regulations and is installed and maintained in accordance with such regulations. A permit for such in ground tank must be received from the Committee. The Committee may establish rules and regulations for the installation and maintenance of in ground tanks. Section 21. Lot and Dwelling Upkeep. The Association shall be obligated to have the grass regularly cut and irrigated, trees and maintain all landscaping within the Lot including any street trees and the sidewalk, and shall remove all trash and debris from the Lot. This obligation shall include the right of way or tract area lying between the Owner's Lot line and the pavement of the street. The Owner of each Lot shall maintain the Dwelling located thereon in good repair, including, but not limited to the exterior paint and appearance of the Dwelling. No Owner may change the original color of the exterior of his Dwelling without the prior written consent of the Committee. If an Owner of a Lot fails, in the Board's sole discretion, to maintain their Lot or Dwelling, or the right of way or tract area as required herein, the Board, after giving such Owner at least ten (10) days written notice, is hereby authorized, but shall not be hereby obligated, to maintain that Lot, Dwelling or right of way or tract area and said Owners shall reimburse Association for actual costs incurred therewith. Section 23. Wells. The drilling, construction, installation or use of an underground water well of any kind on any Lots is strictly prohibited. This restriction shall not preclude the Declarant from developing wells on the Common Area in conformance with governmental regulations. Section 24. Multi-Use Docks. Dock areas shall be kept in a safe and clean condition. The cleaning of fish is strictly prohibited on the dock area or on the Common Areas. The dock area shall remain uncluttered and free of debris. Dock boxes are prohibited on the dock areas. Boat equipment must be kept on the boat, in the storage space or in the Unit. The dock, dock walk ways and slips are restricted to the use of the Owners, their guests and invitees. No structure, davit, hoist or any other improvement shall be made to any of the docks without the express written permission of the Board of Directors following a duly called meeting. ARTICLE X - ARCHITECTURAL CONTROL Section 1. Members of Committee. The Committee shall consist of three (3) members. The initial members of the Committee shall consist of persons designated by the Declarant from time to time. Each of said persons shall hold office until all Lots planned for the Properties have been conveyed, or sooner at the option of the Declarant. Thereafter, each new member of the Committee shall be appointed by the Board of Directors and shall hold office until such time as such person has resigned or has been removed or a successor has been appointed, as provided herein. Members of the Committee may be removed at any 18 M N time without cause. The Board of Directors shall have the right to appoint and remove all members of the Committee. Section 2. Purpose and Function of Committee. The purpose and function of the Committee shall be to (a) create, establish, develop, foster, maintain, preserve and protect within the Community a unique, pleasant, attractive and harmonious physical environment grounded in and based upon a uniform plan of development and construction with consistent architectural and landscape standards, and (b) review, approve and control the design of any and all buildings, structures, signs and other improvements of any kind, nature or description, including landscaping, to be constructed or installed upon all Properties and all Common Area within the Community. Neither the Declarant nor the Committee, or any of its members, shall have any liability or obligation to any person or party whomsoever or whatsoever to check every detail of any plans and specifications or other materials submitted to and approved by it or to inspect any Improvements constructed upon Properties or Common Area to assure compliance with any plans and specifications approved by it or to assure compliance with the provisions of the Design Review Manual, if any, for the Community or this Declaration. Section 3. All Improvements Subject to Approval. No buildings, structures, walls, fences, pools, patios, paving, driveways, sidewalks, signs, landscaping, planting, irrigation, landscape device or object, or other Improvements of any kind, nature or description, whether purely decorative, functional or otherwise, shall be commenced, constructed, erected, made, placed, installed or maintained upon any of the Properties or Common Area, nor shall any change or addition to or alteration or remodeling of the exterior of any previously approved buildings, structures, or other Improvements of any kind, including, without limitation, the painting of the same (other than painting, with the same color and type of paint which previously existed) shall be made or undertaken upon any Properties or Common area except in compliance and conformance with and pursuant to plans and specifications therefore which shall first have been submitted to and reviewed and approved in writing by the Committee. Section 4. Standards for Review and Approval. Any such review by and approval or disapproval of the Committee shall take into account the objects and purposes of this Declaration and the purposes and function of the Committee. Such review by and approval of the Committee shall also take into account and include the type, kind, nature, design, style, shape, size, height, width, length, scale, color, quality, quantity, texture and materials of the proposed building, structure or other Improvement under review, both in its entirety and as to its individual or component parts, in relation to its compatibility and harmony with other, contiguous, adjacent and nearby structures and other Improvements and in relation to the topography and other physical characteristics of its proposed location and in relation to the character of the Community in general. The Committee shall have the right to refuse to give its approval to the design, placement, construction, erection or installation of any Improvement on Properties or Common Area which it, in its sole and absolute discretion, deems to be unsuitable, unacceptable or inappropriate for the Community. Section 5. Design Standards and Design Review Manual for the Community. The Committee may develop, adopt, promulgate, publish and make available to all Owners and others who may be interested, either directly or through the Association, at a reasonable charge, and may from time to time change, modify and amend, a manual or manuals setting forth detailed architectural and landscape design standards, specifications and criteria to be used by the Committee as a guide or standard for determining compliance with this Declaration and the acceptability of those components of development, construction and improvement of any Properties or Common Area requiring review and approval by the Committee. Until the Declarant's delegation of the architectural and landscape review and control functions to the Association, any such Design Review Manual must be approved by the Declarant in writing prior to its adoption and promulgation. Any such single Design Review Manual or separate Architectural Design Standards Manual and separate Landscape Design Standards Manual may include a detailed interpretation or explanation of acceptable standards, specifications and criteria for a number of typical design elements, including, without limitation, site planning, architectural design, building materials, building construction, landscaping, irrigation, and such other design elements as the Committee shall, in its discretion, determine. Such Design Review Manual, if created by the Committee shall be used by the Committee and other affected persons only as a guide and shall not be binding upon the Committee in connection with the 19 M y exercise of its review and approval functions and ultimate approval or refusal to approve plans and specifications submitted to it pursuant to this Declaration. Section 6. Procedure for Design Review. The Committee may develop, adopt, promulgate, publish and make available to all Owners, their architects and contractors and others who may be interested, either directly or through the Association, at a reasonable charge, and either included within or separate and apart from the Design Review Manual, reasonable and practical rules and regulations governing the submission of plans and specifications to the Committee for its review and approval. Unless such rules and regulations are complied with in connection with the submission of plans and specifications requiring review and approval by the Committee, plans and specifications shall not be deemed to have been submitted to the Committee. Additionally, the Committee shall be entitled, in its discretion, to establish, determine, charge and assess a reasonable fee in connection with and for its review, consideration and approval of plans and specifications pursuant to this Article, taking into consideration actual costs and expenses incurred during the review process, including the fees of professional consultants, if any, to and members of the Committee as well as taking into account the costs and expenses associated with the development, formulation and publication of any Design Review Manual adopted by the Committee pursuant to this Declaration. The initial Design Review Fee shall be Fifty Dollars ($50.00). However, such Design Review Fee may be increased or decreased by the Committee from time to time. Section 7. Time Limitation on Review. The Committee shall either approve or disapprove any plans, specifications or other materials submitted to it within thirty (30) days after the same have been duly submitted in accordance with any rules and regulations regarding such submission as shall have been adopted by the Committee. The failure of the Committee to either approve or disapprove the same within such thirty (30) day period shall be deemed to be and constitute an approval of such plans, specifications and other materials; subject, however, at all times to the covenants, conditions, restrictions and other requirements contained in this Declaration and also subject to the provisions of the Design Review Manual. Section 8. Duration of Approval. Any approval of plans, specifications and other materials, whether by the Committee or by the Declarant or the Board of Directors of the Association following appeal, shall be effective for a period of one (1) year from the effective date of such approval. If construction or installation of the building, structure or other Improvement for which plans, specifications and other materials have been approved, has not commenced within said one (1) year period, such approval shall expire, and no construction shall thereafter commence without a resubmission and approval of the plans, specifications and other materials previously approved. The prior approval shall not be binding upon the Committee on resubmission in any respect. Section 9. Inspection of Construction. Any member of the Committee or any officer, director, employee or agent of the Declarant or Association may, but shall not be obligated to, at any reasonable time, enter upon, without being deemed guilty of trespass, any Properties or Common Area and any building, structure or other Improvement located thereon, in order to inspect any building, structure or other Improvement constructed, erected or installed or then being constructed, erected or installed thereon in order to ascertain and determine whether or not any such building, structure or other Improvement has been or is being constructed, erected, made, placed or installed in compliance with this Declaration and the plans, specifications and other materials approved by the Committee. Section 10. Evidence of Compliance. Upon a request therefore from, and at the expense of, any Owner upon whose Lot the construction, erection, placement or installation of any building, structure or other Improvement has been completed or is in the process, the Committee shall cause an inspection of such Lot and the Improvements then located thereon to be undertaken within thirty (30) days, and if such inspection reveals that the buildings, structures or other Improvements located on such Lot are in compliance with plans, specifications and other materials approved by the Committee, the Committee shall direct the Association through its President, Secretary or other officer of the Association thereunto duly authorized, upon the payment by the requesting Owner of a reasonable fee approximating the actual costs associated with such inspection and the preparation of such notice, to provide to such Owner a written statement of such compliance in recordable form. Such written statement of compliance shall be 20 so ? conclusive evidence of compliance of the inspected Improvements with the provisions of this Article as of the date of such inspection. Section 11. Interior Alterations Exempt. Nothing contained in this Article shall be construed so as to require the submission to or approval of the Committee of any plans, specifications or other materials for the reconstruction or alteration of the interior of any building, structure or other Improvement constructed on Properties or Common Area after having been previously approved by the Committee, unless any proposed interior construction or alteration will have the effect of changing or altering the exterior appearance of such building, structure or other Improvement. Section 12. Declarant Exempt. The Declarant shall be exempt from compliance with the provisions of this Article. Section 13. Exculpation for Approval or Disapproval of Plans. The Declarant, any and all members of the Committee and any and all officers, directors, employees, agents and members of the Association, shall not, either jointly or severally, be liable or accountable in damages or otherwise to any Owner or other person or party whomsoever or whatsoever by reason or on account of any decision, approval or disapproval of any plans, specifications or other materials required to be submitted for review and approval pursuant to the provisions of this Article, or for any mistake in judgment, negligence, misfeasance or nonfeasance related to or in connection with any such decision, approval or disapproval. Each person who shall submit plans, specifications or other materials to the Committee for consent or approval pursuant to the provisions of this Article, by the submission thereof, and each Owner by acquiring title to any Lot or any interest therein, shall be deemed to have agreed that he or it shall not be entitled to and shall not bring any action, proceeding or suit against the Declarant, the Committee, the Association nor any individual member, officer, director, employee or agent of any of them for the purpose of recovering any such damages or other relief on account of any such decision, approval or disapproval. Additionally, plans, specifications and other materials submitted to and approved by the Committee, or by Declarant or Board of Directors of the Association on appeal, shall be reviewed and approved only as to their compliance with the provisions of this Declaration and their acceptability of design, style, materials, appearance and location in light of the standards for review and approval specified in this Declaration and the Design Review Manual, and shall not be reviewed or approved for their compliance with any applicable Governmental Regulations, including, without limitation, any applicable building or zoning laws, ordinances, rules or regulations. By the approval of any such plans, specifications or materials, neither the Declarant, the Committee, the Association, nor any individual member, officer, director, employee or agent of any of them, shall assume or incur any liability or responsibility whatsoever for any violation of Governmental Regulations or any defect in the design or construction of any building, structure or other Improvement, constructed, erected, placed or installed pursuant to or in accordance with any such plans, specifications or other materials approved pursuant to this Article. ARTICLE XI - GENERAL PLAN OF DEVELOPER Section 1. General Plan of Development. The Declarant has on file with the Developer at its business office, presently located at 3408 Beacon Street, Pompano Beach, Florida 33062 a copy of the general plan of development (the "General Plan") for the land which is subject to this Declaration, showing a general indication of the size and location of developments; the approximate size and location of Common Area, if any; and the general nature of any proposed Common Area facilities and improvements, if any. Such General Plan shall not bind the Declarant to make any such Common Areas or adhere to the General Plan. Such General Plan may be amended or modified by the Declarant, in whole or in part, at any time, or discontinued. As used herein, the term "General Plan" shall mean such general plan of development together with any amendments or modifications thereof hereafter made. Section 2. Deed Restrictions. In addition to this Declaration, the Declarant may record for parts of the Properties additional deed restrictions applicable thereto either by master instrument or individually recorded instruments. Such deed restrictions may vary as to different parts of the Properties in accordance with the Declarant's development plan and the location, topography and intended use of the land made subject thereto. To the extent that part of the Properties is made subject to such additional deed 21 so M restrictions, such land shall be subject to additional deed restrictions and this Declaration. The Association shall have the duty and power to enforce such deed restrictions if expressly provided for therein, and to exercise any authority granted to it by them. Nothing contained in this Section 1 shall require the Declarant to impose uniform deed restrictions or to impose additional deed restrictions of any kind on all or any part of the Properties. Section 3. Duration. The covenants, conditions and restrictions of this Declaration shall run with and bind the land and shall inure to the benefit of and be enforceable by the Association, or the Owner of any land subject to this Declaration, their respective legal representatives, heirs, successors and assigns, for a term of twenty-five (25) years from the date this Declaration is recorded in the public records of the County , after which time the covenants, conditions and restrictions contained in this Declaration shall be automatically extended for successive periods of ten (10) years unless prior to the end of such twenty five (25) year period, or each successive ten (10) year period, an instrument signed by the then owners of eighty percent (80%) of the Lots agreeing to terminate the covenants, conditions and restrictions at the end of such twenty-five (25) year or ten (10) year period has been recorded in the Public Records of the County. Provided, however, that no such agreement to terminate the covenants, conditions and restrictions shall be effective unless made and recorded at least ninety (90) days in advance of the effective date of such change. This Section may not be amended. Section 4. Enforcement. The Association, the Declarant and any Owner, shall each have the right to enforce, by any proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens and charges now or hereafter imposed by the provisions of this Declaration or as may be expressly authorized by deed restrictions as described in Section 2 of this Article. Failure of the Association, Declarant, or any Owner to enforce any covenant or restriction herein or therein contained shall in no event be deemed a waiver of the right to do so thereafter. If a person or party is found in the proceedings to be in violation of or attempting to violate the provisions of this Declaration or such deed restrictions, he shall bear all expenses of the litigation, including court costs and reasonable attorney's fees, including those on appeal, incurred by the party enforcing them. Declarant and Association shall not be obligated to enforce this Declaration or such deed restrictions and shall not in any way or manner be held liable or responsible for any violation of this Declaration or such deed restrictions by any person other than itself. Section 5. Severability. Invalidation of any one of these covenants or restrictions by law, judgment or court order shall in no way effect any other provisions of this Declaration, and such other provisions shall remain in full force and effect. Section 6. Amendment. This Declaration may be amended from time to time by recording among the Public Records of County, by: (a) An instrument signed by the Declarant, as provided in Section 7 of this Article; or (b) A vote of two-thirds (2/3) of the Voting Members, at a meeting called for such purpose; or (c) An instrument signed by the duly authorized officers of the Association provided such amendment by the Association officers has been approved in the manner provided in Paragraph (b) of this Section; or (d) An instrument signed by two-thirds (2/3) of the Voting Members approving such amendment. Notwithstanding anything herein to the contrary, so long as the Declarant, or its assigns shall own any Lot no amendment shall diminish, discontinue or in any way adversely affect the rights of the Declarant under this Declaration, nor shall any amendment pursuant to (b) or (c) above be valid unless approved by the Declarant, as evidenced by its written joinder. No amendment to Article VII Section 8 shall be valid unless approved by seventy-five (75%) percent of the membership. 22 M N Section 7. Exception. Notwithstanding any provision of this Article to the contrary, the Declarant shall have the right to amend this Declaration, from time to time, so long as Declarant owns a Lot within the Properties, to make such changes, modifications and additions therein and thereto as may be requested or required by HUD, FHA, VA, FNMA, GNMA, or any other governmental agency or body as a condition to, or in connection with such agency's or body's agreement to make, purchase, accept, insure, guaranty or otherwise approve loans secured by mortgages on Lots or any other amendment which Declarant deems necessary provided such amendment does not destroy or substantially alter the general plan or scheme of development of the Properties. Any such amendment shall be executed by the Declarant and shall be effective upon its recording in the Public Records of the County. No approval or joinder of the Association, other Owners, or any other party shall be required or necessary to such amendment. Section 8. Notice. Any notice required to be sent to any Owner under the provisions of this instrument shall be deemed to have been properly sent when personally delivered or mailed, postpaid, to the last known address of said Owner. Section 9. Assignments. Declarant shall have the sole and exclusive right at any time and from time to time to transfer and assign to, and to withdraw from such person, firm, or corporation as it shall select, any or all rights, powers, easements, privileges, authorities, and reservations given to or reserved by Declarant by any part or paragraph of this Declaration or under the provisions of the plat. If at any time hereafter there shall be no person, firm, or corporation entitled to exercise the rights, powers, easements, privileges, authorities, and reservations given to or reserved by Declarant under the provisions hereof, the same shall be vested in and exercised by a committee to be elected or appointed by the Owners of a majority of Lots. Nothing herein contained, however, shall be construed as conferring any rights, powers, easements, privileges, authorities or reservations in said committee, except in the event aforesaid. Section 10. Withdrawal. Anything herein to the contrary notwithstanding, the Declarant reserves the absolute right to amend this Declaration at any time, without prior notice and without the consent of any person or entity, for the purpose of removing certain portions of the Properties from the provisions of this Declaration. Section 11. Warranties. Declarant makes no warranties, express or implied, as to the improvements located in, on or under the Common Area. Each owner of a Lot, other than Declarant, by acceptance of a deed or other conveyance thereto, whether or not it shall be so expressed in such deed or conveyance, is deemed to acknowledge and agree that there are no warranties of merchantability, fitness or otherwise, either express or implied, made or given, with respect to the improvements in, on or under the Common Area, all such warranties being specifically excluded. ARTICLE XII - WAIVER OF JURY TRIAL In the event there is a dispute concerning the rights, obligations or remedies of an Owner or Declarant under this Declaration, such matter will be submitted to a court of competent jurisdiction. DECLARANT AND ALL OWNERS HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE THE RIGHT EITHER MAY HAVE TO A TRIAL BY JURY WTH RESPECT TO ANY DISPUTE CONCERNING THE RIGHTS, OBLIGATIONS OR REMEDIES OF DECLARANT OR ANY OWNER UNDER THE DECLARATION OR ANY LITIGATION (INCLUDING BUT NOT LIMITED TO ANY COUNTERCLAIMS, CROSS-CLAIMS OR THIRD-PARTY CLAIMS) BASED HEREON, OR ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS DECLARATION, OR ANY COURSE OF CONDUCT, COURSE OF DEALING, STATEMENTS (WHETHER VERBAL OR WRITTEN) OR ACTIONS OF EITHER PARTY. DECLARANT HEREBY CERTIFIES THAT, NEITHER ANY REPRESENTATIVE NOR AGENT OF DECLARANT NOR DECLARANT'S COUNSEL HAS REPRESENTED, EXPRESSLY OR IMPLICITYLY, THAT DECLARANT WOULD NOT, IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THE FORGOING WAIVER. 23 M N ARTICLE XIII - DISCLOSURES Section 1. Water Levels. By acceptance of a deed to a home or Lot, each Owner acknowledges that the water levels of all waterbodies may vary. There is no guarantee by Declarant or Association that water levels will be constant or aesthetically pleasing at any particular time. Section 2. Owner's Obligation to Indemnify and Release of Association. Each Owner agrees to indemnify and hold harmless Declarant, Association, their officers, partners, agents, employees, affiliates, directors and attorneys (collectively, "Indemnified Parties") against all actions, injury, claims, loss, liability, damages, costs and expenses of any kind or nature whatsoever ("Losses") incurred by or asserted against any of the Indemnified Parties from and after the date hereof, whether direct, indirect, or consequential, as a result of or in any way related to the Common Areas, including, without limitation, use of waterbodies within the Community by Owners, and their guests, family members, invitees, or agents, or the interpretation of this Declaration and/or exhibits attached hereto and/or from any act or omission of Declarant, Association, or of any of the Indemnified Parties. Should any Owner bring suit against Declarant, Association, or any of the Indemnified Parties for any claim or matter and fail to obtain judgment therein against such Indemnified Parties, such Owner shall be liable to such parties for all Losses, costs and expenses incurred by the Indemnified Parties in the defense of such suit, including attorneys' fees and paraprofessional fees at trial and upon appeal. Notwithstanding anything to the contrary in the Declaration of Covenants, Conditions and Restrictions, Articles, Bylaws or any exhibits thereto or any other document affecting the Properties ("Community Documents"), neither the Association shall not be liable or responsible for, or in any manner a guarantor or insurer of, the health, safety or welfare of any Owner, occupant or user of any portion of Properties including, without limitation, residents and their families, guests, lessees, licensees, invitees, agents, servants, contractors, and/or subcontractors or for any property of any such persons. Without limiting the generality of the foregoing: It is the express intent of the Community Documents that the various provisions thereof which are enforceable by Association and which govern or regulate the uses of Properties have been written, and are to be interpreted and enforced, for the sole purpose of enhancing and maintaining the enjoyment of the Community and the value thereof. The Association is not empowered, nor been created, to act as an agency which enforces or ensures the compliance with the laws of the State of Florida and/or County or prevents tortuous activities. The provisions of the Community Documents setting forth the uses of assessments which relate to health, safety, and welfare shall be interpreted and applied only as limitations on the uses of assessment funds and not as creating a duty of Association to protect or further the health, safety, or welfare of any persons(s), even if assessment funds are chosen to be used for any such reason. Each Owner (by virtue of his acceptance of title to a home) and each other person having an interest in or lien upon, or making a use of, any portion of the Properties (by virtue of accepting such interest or lien or making such use) shall be bound by this section and shall be deemed to have automatically waived any and all rights, claims, demands and causes of action against Association arising from or connected with any matter for which the liability of the Association has been disclaimed in this section or otherwise. As used in this section, "Association" shall include within its meaning all of Association's directors, officers, committee and board members, employees, agents, contractors (including management companies, subcontractors, successors and assigns). 24 w w IN WITNESS WHEREOF, the undersigned, being the Declarant herein has caused this Declaration to be executed by its duly authorized officers and affixed its corporate seal as of this day of , 2006 Signed, sealed and delivered in the presence of: Printed Name: Printed Name: WISNE DEVELOPMENT, LLC a Florida limited liability company By: John Breco Managing Member "DECLARANT" STATE OF FLORIDA ) COUNTY OF The foregoing instrument was acknowledged before me this day of , 2006, by WJohn Breco, as Managing Member of WISNE DEVELOPMENT, LLC, a Florida limited liability company, on behalf of the company, who ? is personally known to me or who ? has produced a drivers license as identification. Exhibit "A" - Legal Description Exhibit "B" - Articles of Incorporation Exhibit "C" - Bylaws Exhibit "D" - Common Areas #344891 v1 - Palm BIAPreserveDeclaration Notary Public Printed Name: My commission expires: 25 N EXHIBIT "B" ARTICLES OF INCORPORATION w EXHIBIT "C" BYLAWS N EXHIBIT "D" COMMON AREA M Tracts A and B of Palm Bluff Preserve per map or plat thereof recorded in Plat Book 130, pages 86 through 88, inclusive of the Public Records of Pinellas County, Florida Woods Consu Ong Environmental Permitting Marine Engineering Hydrogeology Land Planning October 27, 2006 John Schodtler City of Clearwater Planning Department 100 South Myrtle Clearwater, Florida 33756 Re: FLS2006-06038 Palm Bluff Multi-Use Docking Facility Response to Pre-DRC comments Dear John: 1714 County Road 1, Suite 22 Dunedin, FL 34698 Woods Consulting is in receipt of your pre-DRC comments (attached for your reference) dated July 28, 2006. Since we received the comments we have held meeting with City personnel and have decided with the City's concurrence to take another approach, that being to permit a single 6 slip dock on the multi-family common element lot. Thus our plans are revised to reflect this new approach. The city also informed us they would support the two single family lots applying for observation piers (no slips) with the requirement that the piers not require variances. The client has decided to not attempt to permit piers. In responding to the pre-DRC questions, the responses reflect the above noted change in approach. Please note that as shown on sheet 4 of the enclosed plans, the proposed 6 slip docking facility encroaches on the single family lots. On the south, the encroachment of structure is 6.4 feet and structure and tie piles, 19.7 feet. On the north, the encroachment is 13.9 feet for the tie piles; there is no encroachment of structure on the north side. Please note revised letters of no objection are enclosed for the affected lots. To preface the responses, it should be realized that the mooring structure that is being addressed is a six slip docking facility that is in character with a large number of such docking facilities that the City of Clearwater has approved in the recent past. Please refer to the attached Exhibit B, which shows the proposed structure in comparison with the adjacent structures in the area. The proposed structure is in character with the majority of the surrounding structures. ORIGINAL City of Clearwater Questions RECEIVED Wf w'7 2006 Please note the Applicant responses are in italics. PLANNING DEPARTMENT Environmental Condition CITY OF CLEARWATER 1. Any multi-use dock with a deck area exceeding 500 square feet shall be treated as a commercial dock. Office: (727) 786-5747 Fax: (727) 786-7479 Email:billwoods@woodsconsulting.org 0 rf Woods Consu ilng Environmental Permitting Marine Engineering Hydrogeology Land Planning As the proposed dock exceeds 500 square feet, we understand that it shall be treated as a commercial dock. 1714 County Road 1, Suite 22 Dunedin, FL 34698 2. As designed, the proposed dock could have an adverse impact on the vegetated area as described in the October 13, 2005 letter included with the application. To minimize the impact of the proposed dock upon sea grasses in this area, please reduce the length of proposed dock. The length of commercial and multi-use docks shall not extend from the mean high water line or seawall of the applicant's property more than 75 percent of the width of the applicant's property measured at the waterfront property line. A multi-use dock is required to have a minimum of 24 inches of water at mean low water by the SWFWMD and the Florida Administrative Code (Section 18-20, F.A. C.). The length of the proposed multi-use dock must extend from the mean high water line more than 75 percent of the width of the applicant's property measure at the waterfront property line in order to attain the above-referenced minimum depth criteria. Please note that letters of no objection have been obtained and submitted from both adjacent property owners, as required by the City Zoning Department to waive this criteria. 3. Describe how the dock has been designed to minimize disturbance to sea grass and encourage future growth. The dock has been designed in accordance with the criteria jointly developed by the National Marine Fisheries and the US Army Corps of Engineers (termed the "SAV regulations'). To summarize the criteria as they apply to this proposed dock, a) the criteria require the dock walkout to be no wider than 4 feet and be railed on both sides. Woods Consulting also places "No Mooring" signs on both sides of the walkout dock; b) the criteria require that the access dock, when located over seagrass, to be elevated to a height of 5 feet over mean high water. Please note that the finger piers are designed at a lower elevation for safety reasons for persons egressing and igressing boats. Please note that the above discussed design methods were employed for the purpose of minimizing impact to the seagrasses once the dock has been constructed. The elevated walkout is specifically designed to provide adequate sunlight penetration to avoid shading impacts and encourage future growth of seagrass in the area. 4. Describe the measures/Best Management Practices that will be employed during construction to minimize impacts to the sea grass bed. The dock will be constructed from the land side and from a shallow draft barge. (The shallow draft barge only requires 6 inches of water to operate). For installation of the pilings that are located close to the land, where the water is too shallow for the barge to operate, pilings are hand set and installed via jetting. The pump for jetting is either located on the land or on the boom of the barge which is moored further offshore. The jetting method uses a 3 inch pump reduced to a 1-1/4 inch `jet pipe" to set the pile. This Office: (727) 786-5747 Fax: (727) 786-7479 Email:billwoods@woodsconsulting.org methodology, which is accepted by SWFWMD and the Department of Environmental Protection (DEP), has a very minimal impact on the seagrasses. This method has been demonstrated to DEP personnel by the firm of Speeler Enterprises. The DEP requested the demonstration and had several individuals record the turbidity during the pile setting operation. Due to the extremely low recorded turbidity, the DEP does not require turbidity curtains to be deployed. Woods Consulting, however, has proposed turbidity curtains to further minimize potential impacts. Once the area of work has sufficient depth, the piles are set from the barge and are first jetted as discussed above and then are driven, if driving is necessary to gain proper penetration. Please note that Todd Malecott, owner of Speeler Enterprises, made an overture to Bill Woods on August 1, 2006, that his firm would be pleased to have a pile jetting/pile driving demonstration for City of Clearwater personnel, if they wished to have one. Once the piles are set, the workers work from temporary scaffolding (boards nailed temporarily to the pilings) which allows them to stand and place the pile caps, stringers and deck boards. Thus, during the construction operation, there are no personnel standing on the grass. What techniques will be used to repair/replace sea grass areas damaged during construction? Construction of the dock will have very minimal impact to the seagrasses such that "repair/replace" of the seagrass should not be required. The impact of hand setting the piles is similar to the impact of several people walking or swimming over the grasbl &AL There will be no permanent impacts. RECEIVED General Applicability Criteria #1 t =' , ; 2006 PLAir'Nft .:J&ARit Reclarify. How is the proposed 180 foot long dock in harmony with the sgaleC Pyj&RWA coverage, density, and character of the two adjacent properties? Reply to each separately. Please see Exhibits A and B. The question is somewhat confusing as to what the reviewer means in stating the two adjacent properties. Exhibit A depicts the existing dock at 1208 Sunset Drive which is the existing dock immediately adjacent to the site on the north. This dock was permitted through the City of Clearwater and Pinellas County in 1986 (Permit P13394). The dock is 1,902 sf in area and extends 212 feet from the shoreline. Note the walkout exceeds the 4 foot width criteria and the head size is approximately 642 sf in area, much greater than the 100 sf County guideline%riteria. This dock has a much greater area than the proposed dock (1, 902 sf versus 729 so. Please refer to Exhibit B. Also, please refer to sheet 3 of the plans. The total length of the dock as measured from the seawall is 187.2 feet and the dock is 998.5 sf in area. The dock located at 1100 N. Osceola Drive, which is the closest existing dock to the south of the proposed multi-use dock site, extends 145 feet and has an area of 1, 200 sf. Examining docks further to the north, every dock is considerably longer and has considerably more deck area. From examining the two exhibits, it is apparent that the proposed multi-use dock is similar in scale, bulk, coverage and character with other docks in the immediate vicinity. Compared to the existing permitted dock at 1208 Sunset Drive, the proposed multi-use dock is smaller in scale, bulk and coverage. Addressing density, density is set by the size of the lots. Any lot which is a conforming lot as to the size and area requirements of the City of Clearwater's Land Use Code is allowed to apply for a single family two slip dock. The applicant owns three lots and would be entitled to apply for 3 individual docks single family docks. However, as the proposed facility only consists of one dock structure, the density used by this structure is less than would be allowable under the City's Land Use Code. General Applicability Criteria #6 Reclarify. How does the proposed 180 foot long dock minimize adverse effects, including visual, acoustic, olfactory, and hours of operation impacts, on adjacent properties? Reply to each separately. The dock is a multi-use dock with six boat slips, and thus will operate much as 3 single family docks would. The deck area is very minimal and will not support congregation of people on the dock. Hours of operation should be consistent with all other single family docks. No set hours should be required. (Historically the City has not required set hours at multi-use docks). The same is true as for visual, acoustic, and olfactory parameters. There is no reason to believe the dock would pose a problem as to odor or noise. Visually, the dock is in harmony with the existing dock on its north (which is a much larger dock) and the dock to its south. Zoning Conditions Clarify/Explain. Why does the dock system need to be elevated two to three steps above the seawall. This seawall is easily two feet taller than existing grade at this location. As discussed under Environmental Condition, Question 2, above, the National Marine Fisheries and the US Army Corps of Engineers requires the dock, when passing over grass, to be set at an elevation of 5 feet above mean high water. Seawalls are usually at an elevation of approximately 5.0 NGVD-1929. The dock elevation required by the two agencies is approximately 6.5 feet NGVD-1929. ORIGINAL RECEIVED OC T 2,'7 2000 PLANNING DEPARTMENT 2. The address assigned to Tract "B" also knows as the "Pool and Recreation Area" is 1202 Sunset Drive. Revise all applications to reflect the new address. The correction will be made. 3. Pursuant to Section 3-601.C.3. Any multi-use dock with a deck area exceeding 500 square feet shall be treated as a commercial dock. All commercial docks shall be reviewed for compliance with the following criteria. Explain how the use and compatibility of the proposed dock will be subordinate to and contribute to the comfort, convenience or necessities of the users or the occupants of the principal use of the property. The proposed dock is a valuable amenity for the homeowners in the Palm Bluff development. The dock will be extremely convenient for the homeowners in that it will allow friends to visit them by boat or pick them up for boating outings. 4. Pursuant to Section 3-601.C.3. Any multi-use dock with a deck area exceeding 500 square feet shall be treated as a commercial dock. All commercial docks shall be reviewed for compliance with the following criteria. Explain how the use and compatibility of the proposed dock will be in harmony with the scale and character of adjacent properties and neighborhood in general. This has been addressed above under General Applicability Criteria #1. Please refer back to this discussion. 5. Pursuant to Section 3-601.C.3. Any multi-use dock with a deck area exceeding 500 square feet shall be treated as a commercial dock. All commercial docks shall be reviewed for compliance with the following criteria. Explain how the use and compatibility of the proposed dock will be compatible with dock patterns in the general vicinity. This has been addressed above under General Applicability Criteria #1. Please refer back to this discussion. 6. Pursuant to Section 3-601.C.3. Any multi-use dock with a deck area exceeding 500 square feet shall be treated as a commercial dock. All commercial docks shall be reviewed for compliance with the following criteria. Explain how the use and compatibility of the proposed dock will not adversely impact the health, safety or well being of persons currently using the adjacent waterways for recreational and/or commercial uses. Furthermore, it shall not hinder or discourage the existing uses of the adjacent waterway by uses including but not limited to non-motorized boats and motorized boats. As the proposed dock is in harmony and general compatibility with docks in the immediate and general area, it should have no detrimental impact on users of the waterway, either by recreational users or commercial users. Specifically the dock does not pose any threat to navigation as all of the docks in this area extend approximately the same length from the shoreline. Also the dock will have a light at its end so it will be visible to all users of the waterway at night. 7. Pursuant to Section 3-601.C.3. Any multi-use dock with a deck area exceeding 500 square feet shall be treated as a commercial dock. All commercial docks shall be reviewed for compliance with the following criteria. Impacts on navigation: Explain how existence and use of the proposed dock will not have a detrimental effect on the use of adjacent waters for navigation, transportation, recreational or other public conveniences. As previously noted, the dock is in scale and harmony with docks in its immediate and general area. Navigation has also been previously addressed. The dock will not adverse impact on navigation or transportation either by its existence or its use. It has a positive impact as regards recreational and public conveniences as members of the public can visit friends at the Palm Bluff development by water or pick up friends by boat for a boating outing. 8. Pursuant to Section 3-601.C.3. Any multi-use dock with a deck area exceeding 500 square feet shall be treated as a commercial dock. All commercial docks shall be reviewed for compliance with the following criteria. Impacts on marine environment: Explain how the proposed docks shall be sited to ensure that boat access routes avoid injury to marine grassbeds or other aquatic resources in the surrounding areas. The dock was moved waterward to obtain a depth of 24" of water at mean low water (MLM, which provides approximately 48" of water at mean high tide. Note this is in excess of the requirements of Pinellas County, which is 18" at MLW. The access route will most likely be to the west. See the response to the following question. 9. Pursuant to Section 3-601.C.3. Any multi-use dock with a deck area exceeding 500 square feet shall be treated as a commercial dock. All commercial docks shall be reviewed for compliance with the following criteria. Impacts on Marine Environment: Explain how the proposed docks will not have an adverse impact upon natural marine habitats, grass flats suitable as nursery feeding grounds for marine life, established marine soil suitable for producing plant growth of type useful as nursery or feeding grounds for marine life; manatee sanctuaries; natural reefs and any such artificial reef which has developed an associated flora and fauna which have been determined to be approaching a typical natural assemblage structure in both density and diversity; oyster beds; clam beds; known sea turtle nesting site; commercial or sport fisheries or shell fisheries areas; and habitats desirable as juvenile fish habitat. It must be noted that any structure or boat placed in our waters will have some impact to the environment. The responsibly of the dock and boat slip designers and regulators is to limit or minimize adverse impacts. There are no manatee sanctuaries; natural reefs and any such artificial reef which has developed an associated flora and fauna which have been determined to be approaching a typical natural assemblage structure in both density and diversity; oyster beds; clam beds, known sea turtle nesting site; commercial or sport fisheries or shell fisheries areas; and habitats desirable as juvenile fish habitat in the area of the proposed dock. There are sea grass beds in the immediate area. The depth criteria of 24" at MLW provides up to 48" of water at mean high tide. Boat owners, more than regulators, do not want their running gear to hit the bottom, whether the bottom has seagrass beds or is simply sand, due to the cost of repair of the lower units. The reviewing agencies such as the County and SWFWMD look at the use of the dock as de minimis to sea grass due to the relatively low intensity of use and the small size of the docking structure. It also should be noted that due to the shallow waters of the bay, many boat owners are used to being tide-limited in their boating use. They plan their boat outings around the tide charts. 10. Pursuant to Section 3-601.C.3. Any multi-use dock with a deck area exceeding 500 square feet shall be treated as a commercial dock. All commercial docks shall be reviewed for compliance with the following criteria. Impacts on water quality; Explain how all turning basin, access channels, boat mooring areas and any other area associated with a dock shall will have adequate circulation and existing water depths to ensure that a minimum of one foot clearance is provided between the lowest member of a vessel (e.g. skegs, rudder, prop) and the bottom of the waterbody at mean or ordinary low water (-0.95 NGVD datum). Please see the response to the question immediately preceding this question. The area in question has adequate circulation due to the tidal movement of waters through Clearwater Pass and Hurricane Pass. Woods Consulting has previously performed TIDAL PRISM analyses of multi-use docking structures along the fingers of Clearwater Beach, on the bay side, and has demonstrated to all requesting regulatory agencies (typically SWFWMD and the DEP) that even in these dead-end fingers, there is adequate flushing. As discussed previously, the dock is sited so as to have 24" of water at mean low water, which provides approximately 48" of depth at mean high tide. As boaters are used to being tide limited, and thus plan their day around the higher tide occurrences, and the boats that will use the facility are relatively small, when the boating occurs, there should be up to a minimum of 1 foot below the lowest point of a vessel and the bottom. Again, it must be stressed that this dock is a multi-use dock with only 6 boat slips. The design of the dock has placed the dock in more depth than is required for single family docks in the immediate area as the single family docks only require 18" of water at mean low water. 11. Pursuant to Section 3-601.C.3. Any multi-use dock with a deck area exceeding 500 square feet shall be treated as a commercial dock. All commercial docks shall be reviewed for compliance with the following criteria. Impacts on water quality: Explain how the dock will not effectively cause erosion..... Again, this is a six slip dock. There is no reason to expect the dock to adversely impact water quality nor is there reason to believe the presence of the mooring facility will create erosion. 12. Pursuant to Section 3-601.C.3. Any multi-use dock with a deck area exceeding 500 square feet shall be treated as a commercial dock. All commercial docks shall be reviewed for compliance with the following criteria. Impacts on natural resources: Explain how the dock will not have material adverse impact upon the conservation of wildlife..... Again, this is a six slip dock. There is no reason to expect the dock to adversely impact the conservation of wildlife. In reality, the dock structures actually represent habitat for marine life. The pilings provide additional substrate for the attachment of benthic organisms and provide shelter for juvenile fish, increasing the diversity of marine life in the vicinity. 13. Pursuant to Section 3-601.C.3. Any multi-use dock with a deck area exceeding 500 square feet shall be treated as a commercial dock. All commercial docks shall be reviewed for compliance with the following criteria. Impacts on natural resources: Explain how the dock will not have adverse impact on vegetated areas; vegetative, terrestrial, or aquatic habitats...... This question has been addressed in many ways in the foregoing discussions. As designed, there is no reason to believe the dock will have adverse impact on vegetated' areas; vegetative, terrestrial, or aquatic habitats. 14. Pursuant to Section 3-601.C.3. Any multi-use dock with a deck area exceeding 500 square feet shall be treated as a commercial dock. All commercial docks shall be reviewed for compliance with the following criteria. Impacts on wetlands habitat/uplands: Explain how the dock will not have a material adverse affect upon the uplands surrounding. The dock will be an amenity to the uplands and will serve to enhance the uplands. The dock will not have a material adverse affect upon the uplands surrounding. 15. How will handicapped access be provided to and from the multi-use dock system? This question is an upland site plan question and Woods Consulting will pass through your request to the upland Engineer. Woods Consulting keeps in close communication with the ACCESS group in Washington, the Federal agency that is in the precess of promulgating regulations addressing ADA requirements for marine structures. As of this date, they have not published any ADA criteria. Please note that 14 sets of revised plans are enclosed. Should you require additional information for your review, please give me a call. My regards, Bill Woods Woods Consulting cc: John Breco Roger Larson Ed Armstrong P1Palm Bluff Feasibility Study (237-05)1Palm Bluff 26 response to City Pre-DRC comments for multi-family WW REV 2.wpd 0 0 Page 1 of 1 Schodtler, John From: Patty Consoli [pattyconsoli@woodsconsulting.org] Sent: Tuesday, October 24, 2006 3:47 PM To: Schodtler, John Cc: Bill Woods Sr. Subject: FLD 2006-06038 ( 1202 Sunset Dr. recreation area ) John, We will be submitting the necessary documents for case number FLD2006-06038 (Our project Palm Bluff) before the deadline of Friday October 27, 2006 (12:00 noon). Thank you. My Regards, Patty Consoli Woods Consulting 1714 County Road 1 Dunedin, Florida 34698 Office: (727) 786-5747 Fax: (727) 786-7479 www.woodsconsulting.org 11/16/2006 r r • CITY OF CLEARWATER PLANNING DEPARTMENT Post Office Box 4748, Clearwater, Florida 33758-4748 Municipal Services Building, 100 South Myrtle Avenue, Clearwater, Florida 33756 Telephone (727) 562-4567 Fax (727) 562-4576 September 27, 2006 MR. BILL WOODS - WOODS CONSULTING, INC. VIA FAX: 727-786-7479 1714 CR 1 SUITE 22 DUNEDIN, FL 34698 RE: FLD2006-06038 (Located at 1202 SUNSET DR RECREATION AREA) Dear : MR. BILL WOODS - WOODS CONSULTING, INC. There has been no activity with regards to your application, case number: FLD2006-06038 in the last thirty (30) days. Please find attached comments related to this case that are still outstanding. Please contact our office with the status of your resubmittal prior to : Friday, October 27, 2006 (12:00 noon). Please contact Sherry Watkins, at 727-562-4582 should you have any questions. Thank you for your assistance in this matter. Sincerely, John Schodder, Planner II cc: File 30 Day No Activity Letter Sep. 27 2006 03:16PM YOUR LOGO YOUR FAX NO. 7275624865 NO. OTHER FACSIMILE START TIME USAGE TIME MODE PAGES RESULT 01 97867479 Sep.27 03:15PM 00'41 SND 01 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 0 Woods Consulting Environmental Permitting Marine Engineering Hydrogeology Land Planning 1714 County Road 1, Suite 22 Dunedin, FL 34698 August 25, 2006 Sent via Fax 727-562-4865 and US Mail Mr. Scott Rice City of Clearwater P.O. Box 4748 Clearwater, Florida 33756-4748 RE: FLD2006-06037, FLS2006-07048 and FLS2006-06038 Private Dock And Mufti-use Dock Applications Dear Mr. Rice and Mr. Schodtler, Woods Consulting would like to withdraw the private dock applications FLD2006-06037 for Lot 8 and FLD2006-07046 changed to FLS2006-07048 for Lot 7 of the Palm Bluff Subdivision. These were scheduled for the August 31, 2006 DRC meeting. We would also request a continuance for the multi-use dock application FLS2 for Lot 2. We are preparing revisions to this application per the City's request. n or have any questions please call. My regards, perry Bagley Senior Scientist Woods Consulting Cc: Mr. John Schodtler PAPalm Bluff Feasibility Study (237-05)IPalm Bluff 27 withdrawal Itr to elty.doc !06 10,38 Office: (727) 786-5747 Fax: (727) 786-7479 Email:billwoods@woodsconsulting.org WOOdS COnSL/jt1n Environmental Permitting Marine Engineering Hydrogeology Land Planning 1714 County Road 1 Suite 22 Dunedin, Florida 34698 FAX TRANSMISSION MEMO DATE : August 25, 2006 NO. OF PAGES _ 2 (Including this page) TO Scott Rice and John Schodtler FAX NUMBER 727-562-4865 FROM : Sherry Bagley REGARDING FLD2006-06037, FL82006-07048 and FLS2006-06038 Private Dock And Multi-use Dock Applications MESSAGE If you have any questions please call. My regards, Sherry Bagley Woods Consulting PAPalm Bluff Feasibility Study (237-05)Walm Bluff 30 Fax to City.wpd Office: (727) 786-5747 Fax: (727) 786-7479 Email: billwoodsawoodsconsulting.org 0 0 Schodtler, John From: Rice, Scott Sent: Thursday, August 17, 2006 3:52 PM To: 'billwoods@woodsconsulting.org' Cc: Chesney, Ed; Faessler, Heather; Schodtler, John; Thompson, Neil Subject: Dock Applications - Palm Bluff Subdivision Mr. Woods, Since our meeting of August 2, 2006, we have had discussions of the proposed docks for the Palm Bluff subdivision with Pinellas County (David Walker) and FDEP (Ted Murray). Both have indicated that their agencies would permit a dock with more than two slips originating from the common area of the subdivision. With the willingness of these agencies to permit a multi-use dock with up to six slips at this location, the same number of slips as proposed in the three applications currently pending with the City could be permitted with less disruption to the sea grass bed than the three proposed docks with two slips each. This is the approach that was described in my Email to you dated July 11, 2006. The two adjacent lots in the subdivision would then be limited to observational docks with lengths of no more than half of the width of the property measured at the waterfront property line. If you have any questions or need additional information please contact me. D. Scott Rice Land DeveL Engr. Manager 727-562-4781 scott.rice@MyClearwater..com Schodtler, John From: billwoods@woodsconsulting.org Sent: Thursday, August 17, 2006 6:45 PM To: Rice, Scott Cc: Chesney, Ed; Faessler, Heather; Schodtler, John; Thompson, Neil Subject: Re: Dock Applications - Palm Bluff Subdivision Scott I received your email after I sent a letter to you this afternoon via email. I will consider your email and get back with you in the near future. My regards, Bill Woods -----Original message----- From: Scott.Rice@myClearwater.com Date: Thu, 17 Aug 2006 15:57:46 -0400 To: billwoods@woodsconsulting.org Subject: Dock Applications - Palm Bluff Subdivision > Mr. Woods, > Since our meeting of August 2, 2006, we have had discussions of the proposed docks for the Palm Bluff subdivision with Pinellas County (David Walker) and FDEP (Ted Murray). Both have indicated that their agencies would permit a dock with more than two slips originating from the common area of the subdivision. > With the willingness of these agencies to permit a multi-use dock with up to six slips at this location, the same number of slips as proposed in the three applications currently pending with the City could be permitted with less disruption to the sea grass bed than the three proposed docks with two slips each. This is the approach that was described in my Email to you dated July 11, 2006. The two adjacent lots in the subdivision would then be limited to observational docks with lengths of no more than half of the width of the property measured at the waterfront property line. > If you have any questions or need additional information please contact me. > D. Scott Rice > Land Devel. Engr. Manager > 727-562-4781 > scott.rice@MyClearwater..com 1 P 0 0 Woods Consulting l-r f .. nr t? rrraiffir g Marine Engineering /-ly&Ogeology L nd Plarinin, August 17, 2006 Scott Rice City of Clearwater 100, South Myrtle Clearwater, Florida. 33756 Re; Palm Bluff Proposed Mutti-Family Dock Dear Scott. 1714 County Road 1, Suite 22 Dunedin, FL 34698 I spoke with Dave Walker and he informed me he spoke with Heather recently. Dave noted that the county would like to see one deck if there was a way to pull it off but, there were many other issues. He also noted that it was his understanding that Heather planned to call the DEP. would like to explain these issues because we feel we have a very strong understanding of whet the agencies rewire and what they will accept because we work with them on a daily basis. The working knowledge of the DEPISWFWMD regulations and policies we have acquired has come from experience and not from just reading the regulations. If casual questions are asked of a reviewer you will not get the complete. answer as they will quote the rules in 18-20 and 18-21, F.A.C;, which may be, and often are, interpreted much different in practice than the way they read. For a slip multi-family residential dock, the regulations contained in Section 18-20, F.A.C., state that 2 feet of water at mean low water (M1. W) is required to approve a dock application. In reality, there is a policy which requires a minimum 1 foot of clearance between the vessels moored at the facility and the bottom. In order to obtain the 1 foot of clearance the clock facility could not be built in 2 feet of water but would have to be built in 3 feet o€water. This is not evident in the rules, We would note, however, that for every single dock application we have gained approval for from the DEP or SWFWIID where grass is present, we have had to meet the 3 foot at MLW depth requirement. For the Palm Bluff project to obtain this depth, the dock would have to extend some 100 or more feet waterward beyond the proposed location. This would violate the County's requirement that a dock not exceed 300 feet in length. While one could ask the BOCC for a variance to this requirement, other rules a nd regulations must be taken into account and, in all likelihood, the variance would not be Granted as the dock would then represent a navigation hazard as it extends significantly further waterward than the existing docks to its north and south. We do not believe the County would support this length due to the navigation hazard presented to mariners. I am sure the city would also not want to permit a stmcttire that would pose a safety issue to its citizens. Thus a dock extending to this length would not, in our opinion, be permittable by the City or the County. Criioe,; (727) 766-5747 Faax: (727) 786-7471 Email'billwoodsC woodsconsulting.org a U In addition, the ether permitting agencies, the Army Corps and the DEP/SWEWMD, also address navigation issues and, in our opinion, neither agency would support the dock. extending significantly further than the existing docks. Sherry Bagley, who worked for David Walker for several years before joining our firm, and I met with Dave Walker at a pre-application meeting and it would appear we have a difference of opinion as to the outcome of the discussion we had with David. I have discussed this difference with him. Our firm designed the three dock option from our knowledge of the County's past actions in this area of dense seagrass for both multi-use and single-family applications, a policy wherein they will only allow a two slip dock, the same as if the upland use is a single family residence, no matter what is built on the uplands. We are not aware of a single instance where the county has deviated from this policy. This is and was their unwritten policy. The meeting was held to ensure this policy was still in effect in an attempt to preempt the need for numerous revisions. The three dock design was presented to David.. The single dock structure versus the three dock'structu're designs was also discussed at the meeting. David informed us he would have to deliberate this with Will Davis, his superior, in order to determine what the County's position would be. He later called and said to submit the three dock design so a formal review could be done. In order to submit the three dock design, we must have the City's signoff before it can be accepted by the County Clerk's office. We were therefore under the impression that this design was the design preferred by the County. In summary, we respectfully request the City to approve the three docks as submitted and. allow us to proceed with permitting at the County, Should the City require one dock with 6 slips, the result will be that no slips can be permitted for this development. Should you have any questions, please give me a cal. My regards, Bill' Woods Woods Consulting CC' David Walker ;John Brew Neil Thompson Ed Armstrong P,Ta`m Slu`f'easibility Study (237.05))Palm Ci'_ 29 Lehr to City re interface with Pinellas county.4ti d Woods ConsuAn Environmental Permitting Marine Engineering Hydrogeology Land Planning August 2, 2006 1714 County Road 1, Suite 22 Dunedin, FL 34698 John Schodtler City of Clearwater Planning Department 100 South Myrtle Clearwater, Florida 33756 Re: FL?2006-07046 - 1202 Sunset Drive Response to Pre-DRC comments Dear John: Woods Consulting is in receipt of your pre-DRC comments (attached for your reference) dated July 28, 2006 and the applicant offers the following information in responses, To preface the responses, it should be realized that the mooring structure that is being addressed is a two slip docking facility that is in character with a large number of such docking facilities that the City of Clearwater has approved in the recent past. Please refer to the attached Exhibit B, which shows the proposed structure in comparison with the adjacent structures in the area. The proposed structure is in character with, and is smaller than, the majority of the surrounding structures. It should also be realized that the majority of the shorelines in the Clearwater area have grass beds. In the past, docks were allowed to be placed in grass beds with no requirements to move the docks to deeper water. In today's environment, dock designs are reviewed by up to 7 federal, state, and local agencies. The result of this intense regulatory scrutiny is that docks are now sited to limit or minimize adverse impacts to the environment. The particular dock which is the subject of this report, has already been approved by the Southwest Florida Water Management District (SWFWMD). Per a telephone conversation with Cynthia Wood, on March 30, 2006 the US Army Corps of Engineers has indicated they will be issuing their permit. The County has indicated in meetings and subsequent discussions that the dock, as designed, will be administratively approved by the County's Water and Navigation Control Authority. City of Clearwater Questions Please note the Applicant responses are in italics. Environmental Condition 1. Any multi-use dock with a deck area exceeding 500 square feet shall be treated as a commercial dock. As the proposed dock exceeds 5010 square feet, we understand that it shall be treated as a commercial dock. 2. As designed, the proposed dock could have an adverse impact on the vegetated area as described in the October 13, 2005 letter included with the application. To minimize the impact of the proposed dock upon sea grasses in this area, please reduce the length of proposed dock. The length of commercial and multi-use docks shall not extend from the mean high water line or seawall of the applicant's Office: (727) 786-5747 Fax: (727) 786-7479 Email:biIWoods@woodsconsulting.org property more than 75 percent of the width of the applicant's property measured at the waterfront property line. A multi-use dock is required to have a minimum of 24 inches of water at mean low water by the SWFWMD and the Florida Administrative Code (Section 18-20, F.A.C.). The dock has to be the length as shown in order to achieve the required depth. The length of the proposed multi-use dock must extend from the mean high water line more than 75 percent of the width of the applicant's property measure at the waterfront property line in order to attain the above-referenced minimum depth criteria. Please note that letters of no objection have been obtained and submitted from both adjacent property owners, as required by the City Zoning Department to waive this criteria. 3. Describe how the dock has been designed to minimize disturbance to sea grass and encourage future growth. The dock has been designed in accordance with the criteria jointly developed by the National Marine Fisheries and the US Army Corps of Engineers (termed the "SAV regulations'). To summarize the criteria as they apply to this proposed dock, a) the criteria require the dock walkout to be no wider than 4 feet and be railed on both sides. Woods Consulting also places "No Mooring" signs on both sides of the walkout dock; b) the criteria require that the dock, when located over seagrass, to be elevated to a height of 5 feet over mean high .water; c) the head of the dock is limited to 120 square feet. by the SAV regulations. However, Woods Consulting designed the head of the dock to not exceed 100 square feet. Pinellas County has a policy that they will allow docks to terminate in a grassed area as long as the terminal head of the dock does not exceed 100 square feet in area. Woods Consulting personnel met with David Walker of the Pinellas County Department of Environmental Management prior to submitting dock applications to. the City of Clearwater. At the meeting, the design of all three docks was discussed with Mr. Walker, who concurred that the County should approve the docks if the head sizes did not exceed the 100 square feet over grass threshold. Note that the County has a long standing policy for docks located in grass as regards the allowable 100 square feet head size, so .Mr. Walker was being consistent with this policy. Mr. Walker also noted in a discussion with Bill Woods on August 1 that he would be pleased to discuss their policy with City of Clearwater personnel. Please note that all of the above discussed design methods were employed for the purpose of minimizing impact to the seagrasses once the dock has been constructed. The elevated walkout is specifically designed to provide adequate sunlight penetration to avoid shading impacts and encourage future growth of seagrass in the area. 4. Describe the measures/Best Management Practices that will be employed during construction to minimize impacts to the sea grass bed. The dock will be constructed from the ignd life and from a shallow draft barge. (The shallow draft barge only requires 6 inches of water to operate). For installation of the pilings that are located close to the land, where the water is too shallow for the barge to operate, pilings are hand set and installed via jetting. The pump for jetting is either located on the land or on the boom of the barge which is moored further offshore. The jetting method uses a 3 inch pump reduced to a 1- 114 inch `jet pipe" to set the pile. This methodology, which is accepted by SWFWMD and the Department of Environmental Protection (DEP), has a very minimal impact on the seagrasses. This method has been demonstrated to DEP personnel by the firm of Speeler Enterprises. The DEP requested the demonstration and had several individuals record the turbidity during the pile setting operation. Due to the extremely low recorded turbidity, the DEP does not require turbidity curtains to be deployed. Woods Consulting, however, has proposed turbidity curtains to further minimize potential impacts. Once the area of work has sufficient depth, the piles are set from the barge and are first jetted as discussed above and then are driven, if driving is necessary to gain proper penetration. Please note that Todd Malecott, owner of Speeler Enterprises, made an overture to Bill Woods on August 1, 2006, that his firm would, be pleased to have a pile jetting/pile driving demonstration for City of Clearwater personnel, if they wished to have one. Once the piles are set, the workers work from temporary scaffolding (boards nailed temporarily to the pilings) which allows them to stand and place the pile caps, stringers and deck boards. Thus, during the construction operation, there are no personnel standing on the grass. 5. What techniques will be used to repair/replace sea grass areas damaged during construction? Construction of the dock will have very minimal impact to the seagrasses such that "repair/replace" of the seagrass should not be required. The impact of hand setting the piles is similar to the impact of several people walking or swimming over the grass flats. There will be no permanent impacts. General Applicability Criteria #1 Reclarify. How is the proposed 180 foot long dock in harmony with the scale, bulk, coverage, density, and character of the two adjacent properties? Reply to each separately. Please see Exhibits A and B. The question is somewhat confusing as to what the reviewer means in stating the two adjacent properties. Exhibit A depicts the existing dock. at 1208 Sunset Drive which is the existing dock immediately adjacent to the site on the north. This dock was permitted through the City of Clearwater and Pinellas County in 1986 (Permit P13394). The dock is 1,902 sf in area and extends 212 feet from the shoreline. Note the walkout exceeds the 4 foot width criteria and the head size is approximately 642 sf in area, much greater than the 100 sf County guideline%riteria. This dock has a much greater area than the proposed dock (1, 902 sf versus 729 so. Please refer to Exhibit B. Note that the proposed multi-use dock is 174 feet in length (729 so. The single family dock proposed for Lot 8, which is immediately adjacent to the multi- use site on its north (and is also part of the Palm Bluff development), extends waterward 212.4 feet and has an area of 934 sf. The second proposed single family dock, which has been submitted to the City for Lot 7, and is adjacent to the multi-use lot on the south side, is 174 feet in length and 731 sf in area. The dock located at 1100 N. Osceola Drive, which is the closest existing dock to the south of the proposed multi-use dock site, extends 145 feet and has an area of 1,200 sf. Examining docks further to the north, every dock is considerably longer and has considerably more deck area (up to a factor of 2). From examining the two exhibits, it is apparent that the proposed multi-use dock is similar in scale, bulk, coverage and character with other docks in the immediate vicinity. Compared to the existing permitted dock at 1208 Sunset Drive, the proposed multi-use dock is smaller in scale, bulk and coverage. Addressing density, density is set by the size of the lots. Any lot which is a conforming lot as to the size and area requirements of the City of Clearwater's Land Use Code is allowed to apply for a single family two slip dock. The density of the 3 docks proposed as part of the Palm Bluff development appear to be more dense than the surrounding area as the lots are smaller. This is to be expected now and in the future due to the tremendous increase in cost of waterfront lots. General Applicability Criteria #6 Reclarify. How does the proposed 180 foot long dock minimize adverse effects, including visual, acoustic, olfactory, and hours of operation impacts, on adjacent properties? Reply to each separately. The dock is a multi-use dock with only 2 boat slips, and thus will operate much as a single family dock. The deck area is very minimal and will not support congregation of people on the dock. Hours of operation should be consistent with all other single family docks. No set hours should be required. (Historically the City has not required set hours at multi-use docks). The same is true as for visual, acoustic, and olfactory parameters. There is no reason to believe the dock would pose a problem as to odor or noise. Visually, the dock is in harmony with the existing dock on its north (which is a much larger dock) and the dock to its south. Zoning Conditions Clarify/Explain. Why does the dock system need to be elevated two to three steps above the seawall. This seawall is easily two feet taller than existing grade at this location. As discussed under Environmental Condition, Question 2, above, the National Marine Fisheries and the US Army Corps of Engineers requires the dock, when passing over grass, to be set at an elevation of 5 feet above mean high water. Seawalls are usually at an elevation of apprrooxima!!e 5.0 NGVD-1929. The dock elevation required yy"Fe Two agencies is approximate7y 6.5 feet NGVD-1929. Note the dock has already received a permit from the Southwest Florida Water Management District (SWFWMD). Per a telephone conversation with Cynthia Wood, on March 30, 2006 the US Army Corps of Engineers has indicated they will be issuing their permit. 2. The address assigned to Tract "B" also knows as the "Pool and Recreation Area" is 1202 Sunset Drive. Revise all applications to reflect the new address. The correction will be made. 3. Pursuant to Section 3-601.C.3. Any multi-use dock with a deck area exceeding 500 square feet shall be treated as a commercial dock. All commercial docks shall be reviewed for compliance with the following criteria. Explain how the use and compatibility of the proposed dock will be subordinate to and contribute to the comfort, convenience or necessities of the users or the occupants of the principal use of the property. The proposed dock is a valuable amenity for the homeowners in the Palm Bluff development. The dock will be extremely convenient for the homeowners in that it will allow friends to visit them by boat or pick them up for boating outings. 4. Pursuant to Section 3-601.C.3. Any multi-use dock with a deck area exceeding 500 square feet shall be treated as a commercial dock. All commercial docks shall be reviewed for compliance with the following criteria. Explain how the use and compatibility of the proposed dock will be in harmony with the scale and character of adjacent properties and neighborhood in general. This has been addressed above under General Applicability Criteria #1. Please refer back to this discussion. 5. Pursuant to Section 3-601.C.3. Any multi-use dock with a deck area exceeding 500 square feet shall be treated as a commercial dock. All commercial docks shall be reviewed for compliance with the following criteria. Explain how the use and compatibility of the proposed dock will be compatible with dock patterns in the general vicinity. This has been addressed above under General Applicability Criteria #1. Please refer back to this discussion. 6. Pursuant to Section 3-601.C.3. Any multi-use dock with a deck area exceeding 500 square feet shall be treated as a commercial dock. All commercial docks shall be reviewed for compliance with the following criteria. Explain how the use and compatibility of the proposed dock will not adversely impact the health, safety or well being of persons currently using the adjacent waterways for recreational and/or commercial uses. Furthermore, it shall not hinder or discourage the existing uses of the adjacent waterway by uses including but not limited to non- motorized boats and motorized boats. As the proposed dock is in harmony and general compatibility with docks in the immediate and general area, it should have no detrimental impact on users of the waterway, either by recreational users or commercial users. Specifically the dock does not pose any threat to navigation as all of the docks in this area extend approximately the same length from the shoreline. Also the dock will have a light at its end so it will be visible to all users of the waterway at night. 7. Pursuant to Section 3-601.C.3. Any multi-use dock with a deck area exceeding 500 square feet shall be treated as a commercial dock. All commercial docks shall be reviewed for compliance with the following criteria. Impacts on navigation: Explain how existence and use of the proposed dock will not have a detrimental effect on the use of adjacent waters for navigation, transportation, recreational or other public conveniences. As previously noted, the dock is in scale and harmony with docks in its immediate and general area. Navigation has also been previously addressed. The dock will not adverse impact on navigation or transportation either by its existence or its use. It has a positive impact as regards recreational and public conveniences as members of the public can visit friends at the Palm Bluff development by water or pick up friends by boat for a boating outing. 8. Pursuant to Section 3-601.C.3. Any multi-use dock with a deck area exceeding 500 square feet shall be treated as a commercial dock. All commercial docks shall be reviewed for compliance with the following criteria. Impacts on marine environment: Explain how the proposed docks shall be sited to ensure that boat access routes avoid injury to marine grassbeds or other aquatic resources in the surrounding. areas, The dock was moved waterward to obtain a depth of 24" of water at mean low water (MLW), which provides approximately 48" of water at mean high tide. Note this is in excess of the requirements of Pinellas County, which is 18" at MLW. The access route will most likely be to the west. See the response to the following question. 9. Pursuant to Section 3-601.C.3. Any multi-use dock with a deck area exceeding 500 square feet shall be treated as a commercial dock. All commercial docks shall be reviewed for compliance with the following criteria. Impacts on Marine Environment: Explain how the proposed docks will not have an adverse impact upon natural marine habitats, grass flats suitable as nursery feeding grounds for marine life, established marine soil suitable for producing plant growth of type useful as nursery or feeding grounds for marine life; manatee sanctuaries; natural reefs and any such artificial reef which has developed an associated flora and fauna which have been determined to be approaching a typical natural assemblage structure in both density and diversity; oyster beds; clam beds; known sea turtle nesting site; commercial or sport fisheries or shell fisheries areas; and habitats desirable as juvenile fish habitat. It must be noted that any structure or boat placed in our waters will have some impact to the environment. The responsibly of the dock and boat slip designers and regulators is to limit or minimize adverse impacts. There are no manatee sanctuaries; natural reefs and any such artificial reef which has developed an associated flora and fauna which have been determined to be approaching a typical natural assemblage structure in both density and diversity; oyster beds; clam beds; known sea turtle nesting site; commercial or sport fisheries or shell fisheries areas; and habitats desirable as juvenile fish habitat in the area of the proposed dock. There are sea grass beds in the immediate area. The depth criteria of 24" at MLW provides up to 48" of water at mean high tide. Boat owners, more than regulators, do not want their running gear to hit the bottom, whether the bottom has seagrass beds or is simply sand, due to the cost of repair of the lower units. Also, the proposed dock has only 2 slips, which is the same as a single family dock. The County allows, as discussed previously, a maximum of 100 square foot impact to sea grass beds by the head of the dock itself. The reviewing agencies such as the County and SWFWMD look at the use of the dock as de minimis to sea grass due to the relatively low intensity of use and the small size of the docking structure. It also should be noted that due to the shallow waters of the bay, many boat owners are used to being tide-limited in their boating use. They plan their boat outings around the tide charts. 10. Pursuant to Section 3-601:C.3. Any multi-use dock with a deck area exceeding 500 square feet shall be treated as a commercial dock. All commercial docks shall be reviewed for compliance with the following criteria. Impacts on water quality; Explain how all turning basin, access channels, boat mooring areas and any other area associated with a dock shall will have adequate circulation and existing water depths to ensure that a minimum of one foot clearance is provided between the lowest member of a vessel (e.g. skegs, rudder, prop) and the bottom of the waterbody at mean or ordinary low water (495 NGVD datum). Please see the response to the question immediately preceding this question. The area in question has adequate circulation due to the tidal movement of waters through Clearwater Pass and Hurricane Pass. Woods Consulting has previously performed TIDAL PRISM analyses of multi-use docking structures along the fingers of Clearwater Beach, on the bay side, and has demonstrated to all requesting regulatory agencies (typically SWFWMD and the DEP) that even in these dead-end fingers, there is adequate flushing. As discussed previously, the dock is sited so as to have 24" of water at mean low water, which provides approximately 48" of depth at mean high tide. As boaters are used to being tide limited, and thus plan their day around the higher tide occurrences, and the boats that will use the facility are relatively small, when the boating occurs, there should be up to a minimum of 1 foot below the lowest point of a vessel and the bottom. Again, it must be stressed that this dock is a multi-use dock with only 2 boat slips. The design of the dock has placed the dock in more depth than is required for single family docks in the immediate area. 10. Pursuant to Section 3-601.C.3. Any multi-use dock with a deck area exceeding 500 square feet shall be treated as a commercial dock. All commercial docks shall be reviewed for compliance with the following criteria. Impacts on water quality: Explain how the dock will not effectively cause erosion..... Again, this is a two slip dock. There is no reason to expect the dock to adversely impact water quality nor is there reason to believe the presence of the mooring facility will create erosion. 12. Pursuant to Section 3-601.C.3. Any multi-use dock with a deck area exceeding 500 square feet shall be treated as a commercial dock. All commercial docks shall be reviewed for compliance with the following criteria. Impacts on natural resources: Explain how the dock will not have material adverse impact upon the conservation of wildlife..,.. . • Again, this is a two slip dock. There is no reason to expect the dock to adversely impact the conservation of wildlife. In reality, the dock structures actually represent habitat for marine life. The pilings provide additional substrate for the attachment of benthic organisms and provide shelter for juvenile fish, increasing the diversity of marine life in the vicinity. 13. Pursuant to Section 3-601,C.3. Any multi-use dock with a deck area exceeding 500 square feet shall be treated as a commercial dock. All commercial docks shall be reviewed for compliance with the following criteria. Impacts on natural resources: Explain how the dock will not have adverse impact on vegetated areas; vegetative, terrestrial, or aquatic habitats...... This question has been addressed in many ways in the foregoing discussions. As designed, there is no reason to believe the dock will have adverse impact on vegetated areas; vegetative, terrestrial, or aquatic habitats. 14. Pursuant to Section 3-601.C.3. Any multi-use dock with a deck area exceeding 500 square feet shall be treated as a commercial dock. All commercial docks shall be reviewed for compliance with the following criteria. Impacts on wetlands habitat/uplands: Explain how the dock will not have a material adverse affect upon the uplands surrounding. The dock will be an amenity to the uplands and will serve to enhance the uplands. The dock will not have a material adverse affect upon the uplands surrounding. 15. How will handicapped access be provided to and from the multi-use dock system? This question is an upland site plan question and Woods Consulting will pass through your request to the upland Engineer. Woods Consulting keeps in close communication with the ACCESS group in Washington, the Federal agency that is in the precess of promulgating regulations addressing ADA requirements for marine structures. As of this date, they have not published any ADA criteria. Please note that revised plans are being provided to DRC for their review. The head for the lot 2 dock was inadvertently designed to be 120 sf in area whereas it needs to be limited to 100 sf to meet the County's policy for docks located over grass. Should you require additional information for your review, please feel free to contact me. My regards, II 1o4o *G(?) Woods Consulting cc: John Breco Roger Larson Ed Armstrong PAPalm Bluff Feasibility Study (237-05)\Palm Bluff 26 response to City Pre-DRC comments for multi-family AC REV.wpd FROM : 0 FAX NO. :7275624865 QUI. 28 2006 10:17AM P1 CITY OF CLEARWATER PLANNING DEPARTMENT Post Office 13oX 474.9, C:leti.rwater, Florida 33758-4748 Municipal Services Rtiilding, 100 South Myrtle A.vcmie, Clearwater, Horida 33756 Telephone (727) 562-4567 Fax (727) 562-4576 July 28, 2006 MR. BILL WOODS - WOODS CONSULTING, INC. 1714 CR.1 SUI.TI 22 DUN -'3)TN, FL 34698 R)?: FLD2006-06038 LOCATED AT - 1,202 SUNSET DR RECREATION ARRA Dear : MR. BILL W<:>ODS - WOODS CONSULTING, INC. The following are comm.enis, generated at the City's Pre-Development Revicw Committee (PRE-DRC) meeting regarding your cise number:. These comments tire generated early to give you assistance in preparing responses to the comments for the upcot»ing DRC Meeting on. Thursday, August 3, 2006 Please be prepared to addrewy these comments anal any others that may be generated. at the DR.C meeting. Resubmittals will not be accepted at the meeting, please make arrangements to resubmit to Sherry Watkins after the DRC meeting. if you have any questions about titnes or location, please contact Sherry Watkins, at 727-562-4582. Sincerely, John Schod.tler, Planner 11 cc: File TAC Pre-LAC Commeiun Mail CXit. FROM : 0 FAX NO. :7275624865 01. 28 2006 10:17AM P2 r tKr+ty ?u?G21C, ?~rof Conditions Associated With FLD2006-06038 1202 SUNSET OR RECREATION AREA Engineering Condition Steve Doherty $62-4773 07/24/2006 No Issues. Not Met Environmental Condition Heather Faessie 562-4897 07/1912006 1. Any multi-use dock with a deck area exceeding 500 square feet shall be treated as a Not Met commercial dock (Community Development Code Section 3-601.C.3.). 2. As designed, the proposed dock could have an adverse impact on the vegetated area as described in the October 13, 2005 letter included with the application (Community Development Code Section 3-601.C.311i,). To minimize the impact of the proposed dock upon sea grasses in this area, please reduce the length of proposed dock. The length of commercial and multi-use docks shall not extend from the mean high water line or seawall of the applicant's property more than 75 percent of the width of the applicant's property measured at the waterfront property line (Community Development Code Section 3.601.C.3.h.ii.). 3. Describe how the dock has been designed to minimize disturbance to sea grass and encourage future growth. 4. Describe the measures/Best Management Practices that will be employed during construction to minimize impacts to the sea grass bed. 5. What techniques will be used to repair/replace sea grass areas damaged during construction. Fire Condition Leonard Rickard 562-4327 x3062 07/19/2006 NO ISSUES Not Met Land Resource Condition Rick Albee 727-562-4741 07/20/2006 No Issues. Not Met Parks & Recs Condition Debbie Reid 562.4818 07/2112006 No issues - multi-use private dock. Not Met Storm Water Condition Bob Maran 5624592 07/25/2006 No Issues Not Met Traffic Eng Condition Sennett Elbo 562-4775 07/18/2006 No Issues. Not Met General Applicability Criteria #1 John Schodtler 727-562-4547 06/26/2006 Re-clarify. How is the proposed 180 foot long dock in harmony with the scale, bulk, coverage, Not Met density, and character of the two adjacent properties? Reply to each seperately. General Applicability Criteria #6 John Schodtler 727-662-4547 06126/2006 re-clarify. How does the proposed 180 foot long dock minimize adverse effects, including visual, Not Met acoustic, olfactory, and hours of operation Impacts, on adjacent properties? Reply to each seperately. Zoning Condition John Schodtler 727-562-4547 07/1112006 Clarify/Explain. Why does the dock system need to be elevated two to three steps above the Not Met seawall (see sheet 9 of water/nev application). This seawall is easily two feet tall than existing grade at this location. Print Date; 07/28/2006 CaseConditons Page 1 of 3 FROM : 0 FAX NO. :7275624865 .0 28 2006 10:18AM P3 FLD2006-06038 1202 SUNSET DR RECREATION AREA Zoning Condition John Schodtler 727-562-4547 07/24/2006 The address assigned to Tract "B" also known as the "Pool and Recreation Area" is 1202 Sunset Not Met Drive. Revise all applications to reflect the new address. 07/24/2006 Pursuant to Section 3-601.C.3 Any multi-use dock with a deck area exceeding 500 square feet Not Met shall be treated as a commercial dock. All commercial docks shall be reviewed for compliance with the following criteria. Explain how the Use and compatibility of the proposed dock will be subordinate to and contribute to the comfort, convenience or necessities of the users or the occupants of the principal use of the property. 07/24/2006 Pursuant to Section 3-601.C.3 Any multi-use dock with a deck area exceeding 500 square feet Not Met shall be treated as a commercial dock. All commercial docks shall be reviewed for compliance with the following criteria. Explain how the Use and compatibility of the proposed dock will be in harmony with the scale and character of adjacent properties and the neighborhood In general. 07/24/2006 Pursuant to Section 3-601.0.3 Any multi-use dock with a deck area exceeding 500 square feet Not Met shall be treated as a commercial dock. All commercial docks shall be reviewed for compliance with the following criteria. Explain how the Use and compatibility of the proposed dock will be compatible with dock patterns in the general vicinity. 07/24/2006 Pursuant to Section 3-601.C.3 Any multi-use dock with a deck area exceeding 500 square feet Not Met shall be treated as a commercial dock. All commercial docks shall be reviewed for compliance with the following criteria. Impacts on existing water recreation activities: Explain how the use of the proposed dock will not adversely Impact the health, safety or well being of persons currently using the adjacent waterways for recreational and/or commercial uses. Furthermore, it shall not hinder or discourage the existing uses of the adjacent waterway by uses including but not limited to non-motorized boats and motorized boats. 07/24/2006 Pursuant to Section 3-601.C.3 Any multi-use dock with a deck area exceeding 500 square feet 'Not Met shall be treated as a commercial dock. All commercial docks shall be reviewed for compliance with the following criteria. Impacts on navigation: Explain how existence and use of the proposed dock will not have a detrimental effect on the use of adjacent waters for navigation, transportation, recreational or other public conveniences. 07/24/2006 Pursuant to Section 3-601.0.3 Any multi-use dock with a deck area exceeding 500 square feet Not Met shall be treated as a commercial dock. All commercial docks shall be reviewed for compliance with the following criteria. Impacts on marine environment: Explain how the proposed docks shall be sited to ensure that boat access routes avoid injury to marine grassbeds or other aquatic, resources in the surrounding areas. 07/24/2006 Pursuant to Section 3-601.0.3 Any multi-use dock with a deck area exceeding 500 square feet Not Met shall be treated as a commercial dock. All commercial docks shall be reviewed for compliance with the following criteria. Impacts on marine environment: Explain how the poropsed docks will not have an adverse impact upon natural- marine habitats, grass flats suitable as nursery feeding grounds for marine life, or established marine soil suitable for producing plant growth of a type useful as nursery or feeding grounds for marine life; manatee sanctuaries; natural reefs and any such artificial reef which has developed an associated flora and fauna which have been determined to be approaching a typical natural assemblage structure in both density and diversity, oyster beds; clam beds; known sea turtle nesting site; commercial or sport fisheries or shell fisheries areas; and habitats desirable as juvenile fish habitat. 07/24/2006 Pursuant to Section 3-601.C.3 Any multi-use dock with a deck area exceeding 500 square feet Not Met shall be treated as a commercial dock. All commercial docks shall be reviewed for compliance with the following criteria. Impacts on water quality: Explain how all turning basin, access channels, boat mooring areas and any other area associated with a dock shall will have adequate circulation and existing water depths to ensure that a minimum of a one foot clearance is provided between the lowest member of a vessel (e.g, skegs, rudder, prop) and the bottom of the waterbody at mean or ordinary low water (-0.95 NGVO datum). CaseConditons Print Date; 07/28/2006 Page 2 of 3 FROM : 0 FAX NO. :7275624865 4pul. 28 2006 10:18AM P4 Zoning Condition FLD2006-06038 1202 SUNSET DR RECREATION AREA John Schodtier 727-562-4547 07/24/2006 Pursuant to Section 3-601.0,3 Any multi-use dock with a deck area exceeding 500 square feet Not Met shall be treated as a commercial dock. All commercial docks shall be reviewed for compliance with the following criteria. Impacts on water quality: Explain how the dock will not effectively cause erosion, extraordinary storm drainage, shoaling of channels, or adversely affect the water quality presently existing in the area or limit progress that is being made toward improvement of water quality in the area in which the dock is proposed to be located. 07/24/2006 Pursuant to Section 3-601.C.3 Any multi-use dock with a deck area exceeding 500 square feet Not Met shall be treated as a commercial dock. All commercial docks shall be reviewed for compliance with the following criteria. Impacts on natural resources: Explain how the dock will not have a material adverse impact upon the conservation of wildlife, marine life, and other natural resources, including beaches and shores, so as to be contrary to the public interest, 07/24/2006 Pursuant to Section 3-601.0.3 Any multi-use dock with a deck area exceeding 500 square feet Not Met shall be treated as a commercial dock. All commercial docks shall be reviewed for compliance with the following criteria. Impacts on natural resources: Explain how the dock will not have an adverse impact on vegetated areas; vegetative, terrestrial, or aquatic habitats critical to the support of listed species providing one or more of the requirements to sustain their existence, such as range, nesting or feeding grounds; habitats which display biological or physical attributes which would serve to make them rare within the confines of the city; designated preservation areas such as those identified In the comprehensive land use plan, national wildlife refuges, Florida outstanding waters or other designated preservation areas, and bird sanctuaries, 07/24/2006 Pursuant to Section 3-601.C.3 Any multi-use dock with a deck area exceeding 500 square feet Not Met shall be treated as a commercial dock. All commercial docks shall be reviewed for compliance with the following criteria. Impacts on wetlands habitat/uplands: Explain how the dock will not have a material adverse affect upon the uplands surrounding. 07/25/2006 How will handicapped access be provided to and from the multi-use dock system? Not Met Print Date: 07/28/2006 CaseConditons Page 3 of 3 SCALE: 1" = 60' EXHIBIT A 1 i ' III %,W IM Y MAIr jo -- WOODS CONSULTING 1714 COUNTY ROAD 1. SUITE 22 DUNEDIN FL 34698 PH. (727) 786-5747 FAX (727) 786-7479 a .y PALM BLUFF ¦ COMPARISON EXHIBIT ''ELEl44T/ONS REFERENCE NOkD-1929 0 WATERWAY WIDTH 3253.9' WATERFRONT WIDTH 55.3' MHW +1.3' MLW -0.7' SHEET ?_ 0 ` 0 CITY OF CLEARWATER PLANNING DEPARTMENT Post Office Box 4748, Clearwater, Florida 33758-4748 Municipal Services Building, 100 South Myrtle Avenue, Clearwater, Florida 33756 Telephone (727) 5624567 Fax (727) 562-4576 July 28, 2006 MR. BILL WOODS - WOODS CONSULTING, INC. 1714 CR 1 SUITE 22 DUNEDIN, FL 34698 RE: FLD2006-06038 LOCATED AT - 1202 SUNSET DR RECREATION AREA Dear : MR. BILL WOODS - WOODS CONSULTING, INC. The following are comments generated at the City's Pre-Development Review Committee (PRE-DRC) meeting regarding your case number: . These comments are generated early to give you assistance in preparing responses to the comments for the upcoming DRC Meeting on: Thursday, August 3, 2006 Please be prepared to address these comments and any others that may be generated at the DRC meeting. Resubmittals will not be accepted at the meeting, please make arrangements to resubmit to Sherry Watkins after the DRC meeting. If you have any questions about times or location, please contact Sherry Watkins, at 727-562-4582. Sincerely, ro"?? ?. L4A.- John Schodtler, Planner II cc: File DRC Pre-DRC Comments Mail Out F Conditions Associated With FLD2006-06038 1202 SUNSET DR RECREATION AREA Engineering Condition Steve Doherty 562-4773 07/24/2006 No Issues. Environmental Condition Heather Faessle 562-4897 07/19/2006 1. Any multi-use dock with a deck area exceeding 500 square feet shall be treated as a commercial dock (Community Development Code Section 3-601.C.3.). 2. As designed, the proposed dock could have an adverse impact on the vegetated area as described in the October 13, 2005 letter included with the application (Community Development Code Section 3-601.C.3.f.ii.). To minimize the impact of the proposed dock upon sea grasses in this area, please reduce the length of proposed dock. The length of commercial and multi-use docks shall not extend from the mean high water line or seawall of the applicant's property more than 75 percent of the width of the applicant's property measured at the waterfront property line (Community Development Code Section 3-601.C.3.h.ii.). 3. Describe how the dock has been designed to minimize disturbance to sea grass and encourage future growth. 4. Describe the measures/Best Management Practices that will be employed during construction to minimize impacts to the sea grass bed. 5. What techniques will be used to repair/replace sea grass areas damaged during construction. Fire Condition 07/19/2006 NOISSUES Land Resource Condition 07/20/2006 No Issues. Leonard Rickard 562-4327 x3062 Rick Albee Parks & Recs Condition Debbie Reid 07/21/2006 No issues - multi-use private dock. Storm Water Condition Bob Maran 07/25/2006 No Issues Traffic Eng Condition 07/18/2006 No Issues. Bennett Elbo Not Met Not Met Not Met 727-562-4741 562-4818 Not Met Not Met 562-4592 Not Met 562-4775 General Applicability Criteria #1 John Schodtler Not Met 727-562-4547 06/26/2006 Re-clarify. How is the proposed 180 foot long dock in harmony with the scale, bulk, coverage, density, and character of the two adjacent properties? Reply to each seperately. Not Met General Applicability Criteria #6 John Schodtler 727-562-4547 06/26/2006 re-clarify. How does the proposed 180 foot long dock minimize adverse effects, including visual, Not Met acoustic, olfactory, and hours of operation impacts, on adjacent properties? Reply to each seperately. Zoning Condition 07/11/2006 Clarify/Explain. Why does the dock system need to be elevated two to three steps above the seawall (see sheet 9 of water/nav application). This seawall is easily two feet tall than existing grade at this location. John Schodtler 727-562-4547 Not Met CaseConditons Print Date: 07/28/2006 Page 1 of 3 FLD2006-06038 1202 SUNSET DR RECREATION AREA Zoning Condition John Schodtler 727-562-4547 07/24/2006 . The address assigned to Tract "B" also known as the "Pool and Recreation Area" is 1202 Sunset Not Met Drive. Revise all applications to reflect the new address. 07/24/2006 Pursuant to Section 3-601.C.3 Any multi-use dock with a deck area exceeding 500 square feet Not Met shall be treated as a commercial dock. All commercial docks shall be reviewed for compliance with the following criteria. Explain how the Use and compatibility of the proposed dock will be subordinate to and contribute to the comfort, convenience or necessities of the users or the occupants of the principal use of the property. 07/24/2006 Pursuant to Section 3-601.C.3 Any multi-use dock with a deck area exceeding 500 square feet Not Met shall be treated as a commercial dock. All commercial docks shall be reviewed for compliance with the following criteria. Explain how the Use and compatibility of the proposed dock will be in harmony with the scale and character of adjacent properties and the neighborhood in general. 07/24/2006 Pursuant to Section 3-601.C.3 Any multi-use dock with a deck area exceeding 500 square feet Not Met shall be treated as a commercial dock. All commercial docks shall be reviewed for compliance with the following criteria. Explain how the Use and compatibility of the proposed dock will be compatible with dock patterns in the general vicinity. 07/24/2006 Pursuant to Section 3-601.C.3 Any multi-use dock with a deck area exceeding 500 square feet Not Met shall be treated as a commercial dock. All commercial docks shall be reviewed for compliance with the following criteria. Impacts on existing water recreation activities: Explain how the use of the proposed dock will not adversely impact the health, safety or well being of persons currently using the adjacent waterways for recreational and/or commercial uses. Furthermore, it shall not hinder or discourage the existing uses of the adjacent waterway by uses including but not limited to non-motorized boats and motorized boats. 07/24/2006 Pursuant to Section 3-601.C.3 Any multi-use dock with a deck area exceeding 500 square feet Not Met shall be treated as a commercial dock. All commercial docks shall be reviewed for compliance with the following criteria. Impacts on navigation: Explain how existence and use of the proposed dock will not have a detrimental effect on the use of adjacent waters for navigation, transportation, recreational or other public conveniences. 07/24/2006 Pursuant to Section 3-601.C.3 Any multi-use dock with a deck area exceeding 500 square feet Not Met shall be treated as a commercial dock. All commercial docks shall be reviewed for compliance with the following criteria. Impacts on marine environment: Explain how the proposed docks shall be sited to ensure that boat access routes avoid injury to marine grassbeds or other aquatic resources in the surrounding areas. 07/24/2006 Pursuant to Section 3-601.C.3 Any multi-use dock with a deck area exceeding 500 square feet Not Met shall be treated as a commercial dock. All commercial docks shall be reviewed for compliance with the following criteria. Impacts on marine environment: Explain how the poropsed docks will not have an adverse impact upon natural marine -habitats, grass flats suitable as nursery feeding grounds for marine life, or established marine soil suitable for producing plant growth of a type useful as nursery or feeding grounds for marine life; manatee sanctuaries; natural reefs and any such artificial reef which has developed an associated flora and fauna which have been determined to be approaching a typical natural assemblage structure in both density and diversity; oyster beds; clam beds; known sea turtle nesting site; commercial or sport fisheries or shell fisheries areas; and habitats desirable as juvenile fish habitat. 07/24/2006 Pursuant to Section 3-601.C.3 Any multi-use dock with a deck area exceeding 500 square feet Not Met shall be treated as a commercial dock. All commercial docks shall be reviewed for compliance with the following criteria. Impacts on water quality: Explain how all turning basin, access channels, boat mooring areas and any other area associated with a dock shall will have adequate circulation and existing water depths to ensure that a minimum of a one foot clearance is provided between the lowest member of a vessel (e.g. skegs, rudder, prop) and the bottom of the waterbody at mean or ordinary low water (-0.95 NGVD datum). CaseConditons Print Date: 07/28/2006 Page 2 of 3 FLD2006-06038 1202 SUNSET DR RECREATION AREA Zoning Condition John Schodtler 727-562-4547 07/24/2006 Pursuant to Section 3-601.C.3 Any multi-use dock with a deck area exceeding 500 square feet Not Met shall be treated as a commercial dock. All commercial docks shall be reviewed for compliance with the following criteria. Impacts on water quality: Explain how the dock will not effectively cause erosion, extraordinary storm drainage, shoaling of channels, or adversely affect the water quality presently existing in the area or limit progress that is being made toward improvement of water quality in the area in which the dock is proposed to be located. 07/24/2006 Pursuant to Section 3-601.C.3 Any multi-use dock with a deck area exceeding 500 square feet Not Met shall be treated as a commercial dock. All commercial docks shall be reviewed for compliance with the following criteria. Impacts on natural resources: Explain how the dock will not have a material adverse impact upon the conservation of wildlife, marine life, and other natural resources, including beaches and shores, so as to be contrary to the public interest. 07/24/2006 Pursuant to Section 3-601.C.3 Any multi-use dock with a deck area exceeding 500 square feet Not Met shall be treated as a commercial dock. All commercial docks shall be reviewed for compliance with the following criteria. Impacts on natural resources: Explain how the dock will not have an adverse impact on vegetated areas; vegetative, terrestrial, or aquatic habitats critical to the support of listed species providing one or more of the requirements to sustain their existence, such as range, nesting or feeding grounds; habitats which display biological or physical attributes which would serve to make them rare within the confines of the city; designated preservation areas such as those identified in the comprehensive land use plan, national wildlife refuges, Florida outstanding waters or other designated preservation areas, and bird sanctuaries, 07/24/2006 Pursuant to Section 3-601.C.3 Any multi-use dock with a deck area exceeding 500 square feet Not Met shall be treated as a commercial dock. All commercial docks shall be reviewed for compliance with the following criteria. Impacts on wetlands habitat/uplands: Explain how the dock will not have a material adverse affect upon the uplands surrounding. 07/25/2006 How will handicapped access be provided to and from the multi-use dock system? Not Met Print Date: 07/28/2006 CaseConditons Page 3 of 3 Jul. 28 2006 10:18AM YOUR LOGO YOUR FASO NO. 7275624865 NO. OTHER FACSIMILE START TIME USAGE TIME MODE PAGES RESULT 01 97867479 Jul.28 10:17AM 01'50 SND 04 OK TO TURN OFF REPORT, PRESS 'MENU' #04. THEN SELECT OFF BY USING '+' OR '-'. FOR FAX ADVANTAGE ASSISTANCE, PLEASE CALL 1-800-HELP-FAX (435-7329). LL? ,... OCITY OF CLEVRWATER ° earwater July 11, 2006 PLANNING DEPARTMENT MUNICIPAL SERVICES BUILDING ° 100 SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756 TELEPHONE: (727) 562-4567 FAX: (727) 562-4576 W W W. MY C LEARW ATER. C OM Mr. Bill Woods - Woods Consulting, Inc. 1714 Cr 1 Suite 22 Dunedin, F134698 POOL t F-EL AREA RE: FLD2006-06038 -- 300 PALM BLUFF ST -- Letter of Completeness Dear Mr. Bill Woods - Woods Consulting, Inc. : The Planning Staff has entered your application into the Department's filing system and assigned the case number: FLD2006-06038. 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 August 03, 2006, 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. You will be contacted by the Planning Department's Administrative Analyst within 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 727-562-4547 or John. Schodtler@myclearwater.com. Sincerely yours, John Schodtler Planner II Letter of Completeness - FLD2006-06038 - 300 PALM BL UFF ST Jul. 11 2006 01:45PM YOUR LOGO YOUR FAX NO. 7275624865 NO. OTHER FACSIMILE START TIME USAGE TIME MODE PAGES RESULT 01 97867479 Jul.11 01:44PM 01'02 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 0435-7329). Clearwater 0 June 26, 2006 Woods Consulting, Inc. 1714 Cr 1 Suite 22 Dunedin, Fl 34698 6 't , 1 0 CITY OF CLEARWATER PLANNING DEPARTMENT MUNICIPAL SERVICES BUILDING 100 SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756 TELEP14ONE: (727) 562-4567 FAX: (727) 562-4576 W W W . MYC LEARW ATER. C OM col, ? Ric- X11 RE: FLD2006-06038 -- 300 PALM BLUFF ST -- Letter of Incompleteness Dear Woods Consulting, Inc. : The Planning Staff has entered your application into the Department's filing system and assigned the case number: FLD2006-06038. After a preliminary review of the submitted documents, staff has determined that the application is Incomplete with the following comments. I . Provide one signed & sealed and 14 copies of the property survey for Tract "B" Pool and Rec Area. The survey submitted (of the formerly 300 Palm Bluff & 1206 Oceola) is no longer accurate do to the subdivision replatting approved under PLT2004-00014. 2. All of the site plans submitted in the County Water Nav application appear to have incomplete southern upland property lines. Explain or revise. 3. None of the plans submitted indicate how you are coming up with 54.2 feet of waterfront width. Revise plans to show this dimensioned. 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 Tuesday, July 11, 2006 (12:00 noon) If you have any questions, please do not hesitate to contact me at 727-562-4547 or John. Schodtler@myclearwater.com. Sincerely yours, John Schodtler Planner II Letter oflncompleteness - FLD2006-06038 - 300 PALMBLUFF ST Jun. 27 2006 04:04PM YOUR LOGO YOUR FAX NO. 7275624865 NO. OTHER FACSIMILE START TIME USAGE TIME MODE PAGES RESULT 01 97867479 Jun.27 04:03PM 00'45 SND 01 OK TO TURN OFF REPORT, PRESS 'MB'JJ' #04. THEN SELECT OFF BY USING '+' OR '-'. FOR FAX ADVANTAGE ASSISTANCE, PLEASE CALL 1-800-HELP-FAX C435-7329). Woods Cons ling Environmental Permitting Marine Engineering Hydrogeology Land Planning June 6, 2006 City of Clearwater Planning Department 100 South Myrtle Clearwater, Florida 33756 1714 County Road 1, Suite 22 Dunedin, FL 34698 Re: Palm Bluff by Wisne Development, LLC Lot 2,Previously 300 Palm Bluff St. and 1206 Osceola Ave., Clearwater Submittal of Flexible Development Application for Dock/Boat Slips Dear Sir/Madam: Please find enclosed an application for a multi-use private dock at Lot 2 of the Palm Bluff single family home development, located at what was previously 300 Palm Bluff St. and 1206 Osceola Ave., Clearwater, Florida. The proposed dock will be for the exclusive use of the homeowners of the 6 single family homes in the development. The proposed dock structure consists of 750 square feet of deck area and will provide 2 boat slips. As required, one original and 14 copies of this submittal are enclosed. Please note that this package contains original notarized letters of authorized agent forms. Should you require additional information for your review, please feel free to contact me. My regards, Sherry Bagley Senior Scientist Woods Consulting ORIGINAL RECE JUN 2 6 2006 cc: John Breco PLANNING DEPARTMENT CITY OF CLEARwATER PAPalm Bluff Feasibility Study (237-05)\Palm Bluff 14 CLW Lot 2 submittal.doc Office: (727) 786-5747 Fax: (727) 786-7479 Email:billwoods@woodsconsulting.org il 6 Application # (OFFICIAL. USE ONLY) COMMERCIAL AND MULTI-USE DOCK PERMIT APPLICATION PINELLAS COUNTY WATER AND NA.VIGN11ON CONTROL AUTHORITY Please type, or hang! print in BLACK ink 1. PROPERTY OWNER INFORMATION: A. Applicant's Name: Wisne Development, LLC, Alan L. Wisne, Manager B. Mailing Address: 600 San Marco Drive City: Ft. Lauderdale C. Telephone No.(s): 954-781-7900 II. AGENT INFORMATION: A. Name: Woods Consulting, Sherry Bagley or Bill Woods B. Address: 1714 County Road 1, Suite 22 City: Dunedin State: _FL Zip: 33301 State: FL Zip: 34698 C. Telephone No.(s): (727) 786-5747, Fax: (727) 786-7479 III. SITE INFORMATION: A. Construction Site Address: 1202 Sunset Dr., Pool & Recreation Area City: Clearwater, FI 33755 13. Intended Use. Construct a 998.5 sq ft 6 slip multi-use dock C. Parcel. ID Number: 09 I_ 29 / 15 / 65472 / 000 / 0002 Clearwater D. Incorporated: N Unincorporated: L7 E. Previous Permits: None F. Date applicant assumed property ownership: month/year G. Obstructions: (dogs, fences, etc.) Fences - open during business hours H. Attach 8-112" X 11" vicinity map showing specific project location. T_ All other information pursuant to P.C.O. 90-19 (amended), Section 10.8, as needed. J. Does the project abut residentially zoned property? Yes ¦ No 13 K. For projects requiring a public hearing, attach a copy of the complete legal description. Application # _..?_---.--.----...--------(OFFICIAL USE ONLY) IV. PROJECT DESClti:C'`I'ION: MULTI-USIA. A CC)IVI3 IMICIAL 0 A. Nature and Size of Project: Construct a 998.5 sq ft 6 slip multi-use dock Square feet: 998.5 B. Variance: Yes 0 No ¦ Amount in variance: Length: Width: Setbacks: L R Other: ^-?- NOTE: It is the applicant's responsibility to clearly demonstrate that any requested variances are consistent with the variance criteria of the Pinellas County Water and Navigation Control Authority Regulations. The applicant must subunit a written variance request outlining the nature of and need for any variances. The applicant must demonstrate that a literal enforcement of the regulations would result in an extreme hardship due to the unique nature of the project and the applicant's property. The hardship must not be created by action(s) of the property owner(s). The granting of the variance must be in harmony with the general intent of the regulations and not infringe upon the property rights of others. The variance requested must be the minimum possible to allow for the reasonable use of the applicant's property. Should the applicant fail to demonstrate that any variance request is consistent with the criteria outlined in the regulations, staff cannot recommend approval of the application. V. CONTRACTOR INFORMATION: I, Not selected at this time a certified contractor, state that the dock has not been constructed and that it will be built in compliance with all requirements and standards set forth in the "Rules and Regulations" of the Pinellas County Water and Navigation Control Authority, and in accordance with the attached drawings which accurately represent all the information required to be furnished. In the event that this dock is not built in accordance with the permit or the information furnished is not correct, I agree to either remove the dock or correct the deficiency. Signed: Company Nance: Cert. No.: Telephone No.: Address: VI. OWNER'S SIGNATURE: I hereby apply for a permit to do the above work and state that the same will be done according to the reap or plan attached hereto and made a part hereof, and agree to abide by the "Mules and Regulations" of the Pinellas County Water and Navigation Control Authority for such construction and, if said construction is within the corporate limits of a municipality, to first secure approval from said municipality. I further state that said construction will be maintained in a safe condition at all times, should this application be approved, that I am the legal owner of the upland from which I herein propose to construct the improvements, and that the above stated agent/contractor,may act as my representative. I understand that 1, not Pinellas County, am responsible for the accuracy of the information provided as part of this application and that it is my responsibility to obtain any necessary pei•rnits and approvals applicable for the proposed activities on either private or sovereign owned sub egged land. Date )/gal Owner's Signature Applk:atlon # (OFFICIAL. USE ONLY) DISCLOSUItE FORM in order to alleviate any potential conflict of interest with Pinellas County staff, it is required that the Authority be provided with a listing of PERSONS being party to a trust, corporation, or partnership, as well as anyone who may have beneficial interest in the application which would be affected by any decision rendered by the Authority. (Attach additional sheets If necessary.) A. PROPERTY OWNERS: Name. Wisne Development ,LLC Name: Address: 600 San Marco Drive Address: Ft_ a iriprdate FL 3,3., Q1 Name: Address: Name: Address: B. REPRESENTATIVES- Name: Sherry Bagley, Woods Consulting Address: 1714 County Road 1, Suite 22 Dunedin, _FL 34698 Name: Bill Woods, Woods Consulting Address: 1714 County Road_1, Suite 22 _ Dunedin, FL 34698 Name: Address: Name: Address: C. OTHER PERSONS HAVING OWNERSHIP INTEREST IN THE SUBJECT PROPERTY: Interest is: contingent ? absolute M Name: D. DOES A CONTRACT FOR SALE EXIST TOR TILE SUBJECT PROPERTY? Moo, the contract is: contingent ? absolute Q specific interest held Name of parties to the contract: YEs ? NO 0 E. DOES AN OPTION TO PURCHASE EXIST FOR THE SUBJECT PROPERTY? YES NO Name of parties to the option: F. OWNER'S SIGNATURE: I hereby certify that the information stated above is complete, accurate, and true to the beat of my knowledge. X Aw -- 41-MIC f Date' Z -ZaG?7 PALMBLVFFPRESER VE - ONE BEINGA REPLAT OFPALMBLVFFPRESERVE, ASRECORDED INPLATBOOK 130, PAGES 86-88, PUBLICRECORDS OFPINELLAS COUNTY, FLORIDA, LYINGIN lp V SECTION9, TOWNSHIP29 SOUTH, RANGE 15EAST, CITY OF CLEAR WA TEA PINELLASCOUNTY, FLORIDA /sec. 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' ?O1nent POB Porcel 4 ?-(Water Lot B) Northwest Comer ?a''1/RSr Lot 17 LOr 74 •? /g-, Nq ? yo`?B [OT » 3782736E a^v 4?.a p tl 173.60' io c6? Q aQa ?u ? LOT 8 O [or 1S f 1 .\21'2' ® .sA1 A? t5 POOL RECREAAO N AREA NACT 8) [OT 11 LOT 7 [or To •.?4 tJ' STr?39I QD `Ow y% . Y •R/ 9B, S7 1 4207' ?£??7 ?- ® ® Nl 3J?39 - E SIB 46 jjl E A LOT 6 c v2 • LOT 12 p^, LOT 5 hh 4 h 1 FND PLED D1SC NORMHEST CARNER aµ SEC 9-29-15 mmnAm CORNER REGARD x1772551 GRAPHIC SCALE t SeC ? t0 R LOr 73 `49.73• tot 1e LOT 1 -Ac UfJily Ecse,Oripinoye e»1 6%f LOT 2 LOT 76 h rB. wl h N ti VQI 2 Q II O , loin U 1N1y Eol?°? W ` Q' f W [oT 13 O LOT 4 r° p h/ v COT 14 u j = O LOT 3 A, 1iED ?POEt Porcel 3 j £D?aAemrnl h Il (w=ter Lot A) N80'45'03- 4785. ®? y y l W 2Lto?' nW 1 AU AW aAMerr P q=B L U S2S9' 329. OR MAW AlCom JaW nc PAW F F 59' ACA _ P1DMLVAW mrexa I' 11104.94' PAM _ AMMP rr e+/lnvr.....?,m. T R +00/ -'lama c NAr .A PLtrwmr IVAAl IA6D lt/tle/01 OHMW AM A40M M?W Mr ?A- PEC _'N)? 6magicaQv SHEET 2 OF 3 PREPARED BY: LB 7466 Pa 28M GEODATA SERVICES, C. 1822 DREW ST. S01TE B CLEARWATER• FLORIDA 33765 P PHONE CURVE TABLE CARVE LENG]H R,1ON3 Ct10RD CHORD BEnR1NG DELTA CI IJ.]6 ]).E 11.62 NOl•IJIb'W 2r5rJl• CZ t.16 3.00 ].2] N5r1o35T 91•Il'3T c3 23.56 J)?3 2).11 NI91v6J'E )6.6100• c3 1011 1206 10.21 N56vrIrE Ir2606• cs 10.0] 3106 10.01 NJ6•1t10.6 IT3951' c6 41n 1302 NIr45'i2 Ir06'sr C] 3206 ZL31' NMWNT 3rMsr CI g ]S.n 33.52 sovrlrw r r4r CIO 5.w ],T) ( ` KEY MAP fND R.R. EAST 1/4 CARVER At' SEC 9-19-15 0O 0 F z z 0 o m 111 (727) 7163 v.ao 1z66. sn•It6n-w Jrm'J1- Abe h Swb CER7Y7M CARNFIP RECORD pV&927 l Not Sel ?Undarroter) 0 s m? ate. m (^ °- n 's 7r 'a PALMBL UFFPRESER VE - ONE BEINGA REPLATOFPALMBLUFFPRESERVE, ASRECORDEDINPLATBOOK 130, PAGES 8688, PUBLICRECORDS OFPINELLAS COUNTY, FLORIDA, LYING IN SECTION9, TOWNSRW 29 SOUTH, RANGE ISEAST, CITY OF CLEAR WA TER PINELLASCOUNTY,, FLORIDA C L R.9 R fig T R R DEED BOOK 1385. PgGE 195 (1VOT /NC B A Y LUDED) \ 1612 ?. \ UHPLA T TED GRAPHIC SCALE 1:vm7 . 1.6 - m rl POB Parcel 4 (Water Lot B) Northwest Comer Lot 17 LOT g - ? Y ? [OT pace) 4\\\ 'a iv $ A voter Lot B = . a e) ?W aD H8007'pO.W v / i ° c 152293' e 1 / ? `LOT g z COAIyOyAREA E (7RACT RQ C1ED NDR>H LME ?? w° 7ERLY W7H 43' OF LDT 71 UN P L A T T E D SBD Not (U T E 8 nder ;; A ^ AR LE N C A3MXLA"M a-s?t i.?ta tsstaeRz ?ir' LLnanrA Ab.u.r.t m-W ter C- k- .7es 44r ?-aea„ trs AM= f -MVWKWtrmn-ar-ar rAVn - MM AKK AND AM to . AVXNK ALLOD A AW 'a- PAW ..GA - RENIVWr ARAIMM rrivr i tAt - /0Wa49XrAUVM0Mr A0MMW A>En - maw mmr QIYImmC m,N AAT POW Als - AT&7ss Ya mm s[awmr lQAN" ACW jva? , ? OF 1ae- camwKnovr SHEET 3 OF 3 Parcel 3 wafer Lot A LOT 7 Set y KEY MAP SDnft NPLATTED C z 'r )r `4 T L' R BA Y Art M soar - PAZl _ STREET - '?? REPOOL & 4i b~ 7 AR nON am °?o o j 11 rn ' V EA l l (MAC, m a- o ti E c o o0 03WO o-,ra?U1° LOT 7 a"ope& / ***I? POB Parcel 3 (Water Lot A) ' I SCALL:NTS 0I MULTI-FAMILY DOCK Opplication # (OFFICIAL USE ONLY) TABLE OF CONTENTS SHEET 0 - TABLE OF CONTENTS SHEET 1 - LOCATION MAP SHEET 2 - EXISTING CONDITIONS WITH COLOR AERIAL SHEET 2A - EXISTING SITE PLAN SHEET 2B - PROPOSED SITE PLAN SHEET 3 - PROPOSED DOCK SHEET 4 - SETBACKS SHEET 5 - BENTHIC / BATHYMETRY SHEET 6 - PROPOSED DOCK DETAILS SHEET 7 - PROPOSED DOCK DETAILS SHEET 8 - PROPOSED DOCK DETAILS SHEET 9 - CROSS SECTION A - A' SHEET 10 - WATERWAY WIDTH SHEET 11 - FIRE PROTECTION NOTATIONS SHEET 12 - FIRE PROTECTION SCHEMATIC SHEET 13 - FIRE HYDRANT LOCATION 998-5 WOODS CONSULTING PALM BLUFF WATERWAY WIDTHEET 3253.9' TOTAL SQUARE 1714 COUNTY ROAD 1. SUITE 22 TABLE OF CONTENTS WATERFRONT WIDTH 186.6' DUNEDIN FL 34698 MHW +11.3' MLW -0.7' PH. (727) 786-5747 FAX (727) 786-7479 °`ELE11,4T70N5 REFERENCE N6'W-1929 SHEET 0 Tue, 23 Jan 2007 - 2:38pm P:\Palm Bluff Feasibility Study (237-05)\Cad\MASTER REV 3.dwg MUNICIPALITY ENGINEER'S SEAL * 58? --3O?o U_ H?NN ?• F =Fnn • u 3 • SCALE:NTS 0 N 9UE S CLEARWATER REACH MULTI-FAMILY DOCK Ppplication # ` (OFFICIAL USE ONLY) ?5!tiI -` ?I°} f1j Ern 1 3 D Rev ST. R -? t 4 i OLIVEL iA29 i , o0 PALM BLUFF TOTAL SQUARE FEET 998.5 PROJECT LOCATION ' 1202 SUNSET DR i ' ICI POOL & RECREATION AREA. PARCEL ID NO. I g 09-29-15-65472-000.-0002 s I 1 ?? Fl- ry j , t W ti I l ? _ i II ? 940 FT g WOODS CONSULTING WATERWAY WIDTH 3253.9' 1714 COUNN ROAD 1. SURE 22 LOCATION MAP WATERFRONT WIDTH 186.6' DUNEDIN FL 34696 MFiW +t.3' MLW -0.7' PH. (727 786-5747 FAX (727 786-7479 #ELEIIAMNS REFERENCE NOW-1929 SHEET Mon, 22 Jan 2007 - 1:02pm P:\Palm Bluff Feasibility Study (237-05)\Cad\MASTER REV 3.dwg t / ` •.•?, C s•• ? omvm ? 8 2, 3 g1 0 , LL n Q i i • • V ` •• ••••?rT.? O Q r to J / \ ///I lit I I I \\?` PALM BLUFF TOTAL SQUARE FEET 998.5 WOODS CONSULTING ' WATERWAY WIDTH 3253.9 1714 COUNW ROAD 1. SURE 22 EXISTING CONDITIONS WATERFRONT WIDTH 186.6' DUNEDIN FL 34698 MHW +1.3' MLW -0.7' PH. (7275 786-5747 FAX (727) 786-7479 "ELEt1A/70NSREFERENCEN6kV-1929 SHEET MUNICIPALITY ENG E 'S s? I _Wu • : ? Oo?rci ^ , _ * t t ; 9: N 5 > 7k - V _ . = Q? N N N a F _?`r u3 •. 1 ? o?W ......• u NAL ? /? REVISED: 06/28/2006 1\\\?? ?? a SCALE: 1" = 40' 0 MULTI-FAMILY DOCK ?Wpiication # (OFFICIAL USE ONLY) .. t w Y _ , .y V - w .Y •. Iwy.) . ... V.i. r r .. s .. .v > u ?. 1 e .p .N ,Y W b?N e s ... CN (V° N cli Y r ?w v r a r w . . r ° ?W w 9. F ". .,Y ° .e oY O s W,W, ww _ rci W r Y 3 w r w yr. _ Yy w w CV Y N ? ? ?Y ? © ® y ` ? w ^ yy l y;?^?3 W .. « . r ., , .. _ L/ r p ` w ww e , w b O w O, _ pY Y W W w p- rNw r W . .> 00 _ _ U v ` { ww..w»y? .w .:NYtl W Y . .,.r.?W?IY. wY rrr. y, wa ..vy? • .,? yY„ w W . w O V w w mow Y WCVW? w?w w WU7 wwwwYy .w? !`? ?_. V w E y Y . _ _ . -. .> q w Y? Y Y ? r r? ?pTW @°??? Y2?OE ? ? , w Y ? w w? -. w w ? b N r s w W r _ w w W r r w w ., w Y .? w _, a w .?,,?.- ? w o a r w v Y v r w ,. v v+ v _ y^?. +-DVy ? ; Y •Iy1 .9 W ?. .r y .. y bo Y r' W r r co ? L Y .r t i Y .,' - w W + 3' Y rL i W i Y .S- w w W v w d u Y'- w .• r Y r r ? w ` ,,y rw. > r _ r ?_.... / ? " ?_-,-"• ? .. .n r i r Y s w v w a w i? w 4 o- y ? Y r V p w w Y _ '• v Y w w v b _ w v w V Y y Y _ W .Y _ -+y Y w r W + .. y _ ay y v W v t v w K. ., w w y .r a w Y ?'- v t W a. :Q "' W v Y w w r v .fY1 a w W r 1 F1 w ... y' .rt .. w ,< .Y .r v a. ?y-?W -: • J a _ b ?r? v .a ( _ u r .•, y .v .tO .s _ y a v v r w .r r w a r ..«.? \r w w M w w ` b w r a w ? W r W w y w w ." y w` w w w w r tl"? LL CUBAN SHOAL GRASS `. w aoow. 'LO' y w (HALODULE WRIGHTII) yYy w w ".°wWYr_ww`w Yr_ww" 'w"_r<"w _w..°WW_". 85 - 100% COVERAGE <"w a r JY _?? a W. ?V„ Y A K r W `,I"') y" _?W _ y w .° - INTERSPERSED WITH b".w `.Y r`w v"Wwe`.Y..°Ww.eW, w w, Yw w.Y?ww" TURTLE GRASS Y w ewaYr yY aW Y,,?ww?.°?i" WOY'wY00 ?Yy-yw?,W Y?WY rv (THALASSIA TESTUDINUM) & m r Y r y -" w Y w ?` . =- Y Y MANATEE GRASS W . ` W w ow ` _ ` W W ®° (SYRINGODIUM FILIFORME) Y Y'? _ ? wYk°? o_wb°.rwtly,?rwt ? w w _ Y > r a. y w < /y?. Y a /y?w? 4 Y a w w Y w 4 v w rDO W w y. Y Y w ry Y v w W y w 1 v Y w ? W .. w_ w rt .d u. w s< r ... •? rM_ Y r Y `. ,Dp b W a w w W '" DQ Y w w .. ?"? m y Y w s r r tl w a'fy\Y W r w w? Y .- W r _+ .r Y v y a Y ? w? •?y19 w r w w v 00 W W • J 41,!'1 y W w v w W • " M' W• y ti w• X...._.- W Y• + ,4 _ y w w v w E} '-..._.. .-- K r 4 w y (?=-,.•_.... . W Y w w w a v- w w w p W W U7 U7 DO U7 O 0 DO 6 PALM BLUFF TOTAL SQUARE FEET 998.5 WOODS CONSULTING WATERWAY WIDTH 3253.9' 1714 COUNTY ROAD 1, SUITE 22 B EN TH I C / BATH YM E TR Y WATERFRONT WIDTH 186.6' DUNEDIN FL 34698 MHW +1.3' MLW -0.7' PH. 727) 786-5747 FAX 727) 786-7479 DATA PRO MSP AS OEPTh'S AT MEAN LOIy K/?4TER SHEET _5 Mon, 22 Jan 2007 - 1:18pm P:\Palm Bluff Feasibility Study (237-05)\Cad\MASTER REV 3.dwg MUNICIPALITY ENGINE&`S SEAL A \\\\\ II11? ?/ JI N 00 01 No 1 * - o0"D FW-KNN ST O ; =?C^ / % • ` \ J in iu ///??/ I1111\\\\ l..) SCALE: NTS 0 Oplication # (OFFICIAL USE ONLY) GENERAL DOCK NOTES: 1. ALL DECKING TO BE TRIMMED, BOTH SIDES 2. ALL PILINGS TO BE SEATED WITH A FREE FALLING HAMMER IF WATER ?ET77NG IS INSTALLATION METHOD. ALL PILES TO BE TRIMMED SAME HEIGHT 3. PILING CENTER TO CENTER SPACING ON ALL FIXED DOCKS TO BE 10" NOMINAL. AND NOT TO EXCEED 12: 4. DOCK FRAMING AND DECKING TO BE CONSTRUCTED USING STAINLESS STEEL SCREWS (SCREWS TO BE TYPE SPECIFIC FOR MATERIAL UTILIZED) 5 WOOD DECK BOARD SPACING AT 77ME OF INSTALLATION NOT TO EXCEED 1/8" TO ALLOW FOR CURING, COMPOS17F DECK SPACING NOT TO EXCEED 114-. 6. ALL DOCK FRAMING OTHER THAN DECKING TO BE MINIMUM GRADE 2 LUMBER. 7 RASP OR FEA 7HER ALL SAWCUIS. 8. ALL CONSTRUCTION TO MEET OR EXCEED COUNTY REOUIREMENTS LISTED IN SECTIONS 166-(332, 333, & 334) OF 7HE PINELLAS COUNTY WATER AND IVA WGA 77ON CONTROL AUTHORITY REGULA TIONS MANUAL 9 CCA WOOD NOT ACCEPTABLE FOR DECKING OR RAILING MATERIALS. WOOD 7REATMENT AS FOLLOWS ARE ACCEPTABLE.- ALKALINE COPPER QUATERNARY (A CO), COPPER AZOLE (CA) AND COPPER BORON AZOLE (CBA). 10. 5/8- GAL VANIZED FASTENERS ARE NOT TO BE USED IN WOOD WITH AZOLE TREATMENTS. USE 314" STAINLESS S7-ft FASTENERS ONLY (TYPE 304 OR 316). e e e e e SECTION A-A NAILING PATTERN AT LAP JOINTS NOM. J' e SECTION B-B NAILING PATTERN FOR DOUBLE STRINGER MIN. 4' BETWEEN JOINTS STRINGERS TE INTERMEDIATE STRINGER LAP JOINT y I (NTs) I I^I MIN. 2' OVERLAP INTERMEDIA7E S7RINGER ONE SCREW INTO EACH 12' MAX. 0. C?': I 10' NOMINAL SPACING O.C. EITHER 5/4"x6" SAWN BRAZILIAN HARDWOOD, TREX HS24 COMPOSITE DECKING OR EQUIVALENT 7RIC CONDUIT DOUSL€ S7RINGERS \ MIN. 4 OVERLAP rPVC WATER LINE UTILITY SECTION VIEW (N K5) WOODS CONSULTING PALM BLUFF 1714 COUNTY ROAD 1, SURE 22 DOCK DETAILS DUNEDIN FL 34698 MHW +1.3' MLW -0.7' PH. (727 786-5747 *ELEIIATIONS REFERENCE NOVO-1929 FAX (727) ) 786-77479 479 _ SHEET Mon, 22 Jan 2007 - 1:02pm PAPalm Bluff Feasibility Study (237-05)\Cad\MASTER REV 3.dwg MUNICIPALITY ENGINEER'S SEAL \\\\ IiIIII \ .•• •• •• > I` omTm o 0. C * - 3pQ - i =Qz F ?^ F-KNN - =Fry •• F // ••• \\ ? J III ?\\ U /iii?l\ LAP JOINT PATTERN FOR DOUBLE STRINGERS A A B B (N 7S) DECK SCREW PATTERN (N7s) SCALE: NTS , 2" X 10" INTERMEDIATE STRINGER MAX. 2.0' O.C. CCA.60 RET. 4.0' EITHER 5/4"x6" SAWN BRAZILIAN HARDWOOD, OR COMPOSITE . DECKING SEE SHEET 9' FOR ELEVATIONS COUNTERSINK ALL BOLTS ADJACENT TO BOAT SLIPS. 0 ALL BOLTING TO BE 5/8" HOT 0 0 DIPPED GALVANIZED MIN, 3/4" 0 0 STAINLESS STEEL RECOMMENDED 0 0 0 CROSS BRACE 2" X 10" , CCA 2.5 RET 0 0 ONE EACH SIDE IN WATER 0 0 DEPTH OVER 8'. 8" TIP PILING 2.5 C.C.A. RET. SET BUTT DOWN, 8.0' PENETRATION ication # (OFFICIAL USE ONLY) HANDRAIL (WHERE APPLICABLE) STANCHIONS PLACED 5.0' O.C. ?2"X6" 2" x 4" 42" - 2" X 6" STANCHIONS RAILING TO BE FASTENED TO STRINGERS W/ SHORT BOLT, AND FASTENED TO PILE WITH LONGER BOLT WHEN AVAILABLE DOUBLE STRINGER 2" X 10" #2 S4S CCA.60 RET. - 2" X 10" #2 S4S CCA .60 RET. ONE EACH SIDE NOTE: DECK BOARDS TO BE TRIMMED BOTH SIDES. NOTE: ALL INTERMEDIATE STRINGERS TO BE LAP JOINTED AT BENTS 2.0' MIN. WOODS CONSULTING PALM BLUFF 1714 COUNTY ROAD 1, SUITE 22 DOCK DETAILS DUNEDIN FL 34698 MHW +1.3- MLW -0.7' PH. (727 786-7747 'ELEli. MNS REFERENCE N00-19-99 FAX (727 786-7479 SHEET 7 Mon, 22 Jan 2007 - 1:02pm P:\Palm Bluff Feasibility Study (237-05)\Cad\MASTER REV 3.dwg r °mv0 oo1 - 7k ! O. * - 3pco0 KNN T F _LU L') LU '? ?? -u SCALE: NTS plication # (OFFICIAL USE ONLY) RECYCLED PLASTIC CAPS ON ALL EXPOSED PILE TIPS, FASTEN WITH 2.5' S.S. NAILS (TYP.), CAPS SHOULD BE NO MORE THAN 1/4" LARGER THAN TRIMMED PILE DIMENSION. ELEV. = 10.0' MAX. ROPE STOPS 0 ±6.0' EITHER 5/4"x6" SAWN 2" X 10" STRINGER BRAZILIAN HARDWOOD, MAX. 2.3' O.C. CCA.60 RET. OR COMPOSITE DECKING DOUBLE STRINGER 2" X 10" #2 S4S CCA.60 RET. COUNTERSINK ALL BOLTS 2" X 10" #2 S4S CCA ADJACENT TO BOAT SLIPS. .60 RET. ONE EACH SIDE 0 0 0 0 0 o NOTE: 0 0 DECK BOARDS TO BE TRIMMED BOTH SIDES. CROSS BRACE o 0 0 NOTE: 2" X 10", CCA 2.5 RET o o ALL INTERMEDIATE STRINGERS TO BE ONE EACH SIDE IN WATER DEPTH OVER 8'. LAP JOINTED AT BENTS 2.0' MIN. 8" TIP PILING 2.5 C.C.A. RET. SET BUTT DOWN. 8.0' PENETRATION TYPICAL FINGER PIER NOTE: FINGER PIER PILE BENT AT MAIN DOCK INTERSECTION TO HAVE DOUBLE PILE CAP ON WATERSIDE OF BENT. INTERMEDIATE PILE BENT TO HAVE SINGLE CAP EACH SIDE OF BENT. OUTBOARD PILE BENT TO HAVE DOUBLE PILE CAP ON MAIN DOCK SIDE, NO CAP ON WATERSIDE. WOODS CONSULTING PALM BLUFF 1714 COUNTY ROAD 4698E 22 DOCK DETAILS DUNEDIN 3 MHW +13' MLW -07' PH. AX 727 786-5777 RZ-0471ONS REFERENCE NG11D-1929 FAX ?727? 786-7479 SHEET 8 Mon, 22 Jan 2007 - 1:02pm P:\Palm Bluff Feasibility Study (237-05)\CadWIASTER REV 3.dwg MUNICIPALITY ENGINEER'S SEAL \\\IIW SI? ???? A w? E •• ? om-O ? ? ?. cn O ` ' J . r o ° 5 : * m ?0$ . 0 In In ---' 2 : AT 'OF . <U- - N t LU ` rr ? ? =e i •? ? \ / ••••• N• 'n N cz 1-- IL X 1 1 1 1 1\ SCALE: NTS SINGLE FAMILY DOCK application # (OFFICIAL USE ONLY) yes x -F 1 rx ? 3 x i F ' ? T Yh? 7 - . _ E ? ? .. 8 i ? .1 d ? S& ? 1` .l?K . "S' ?. j??$ tr?• t,•i .?V?(3 Ate' ¢ _ -z?" .} t d?a 1?` ? ? ? 4Y^ '9ct, {i .t+ ii'fJ? Lo--! ? ? §? ^ 7 £5^- d i1 7r£ ..} ? i S' Y ? k !?.. a f ' n,; A ' , I r t ail, .. ipf . J .. C?. tK ? 4`• ?ia . ' ti ' ''? r' ? y ? ,'s? an m? .c .? t } a r1 ' <?"ug ???,,yyy?? $ ?. ? ? -? A?? k N,4 j, k S n ,A t$ - `? P yY'y'£ 4I L,s 4 C t 1}??y?7?y?ge .} M # i a. _ a?i' S'4F"?YI , a vZirl?y 11 a ? } -f !q l0? \ 3 1 r.P S t v i f lay Y'?Si 15Q.NP F L ,a °y T ! 5:? 1i^ fig A T S t f y ?,s A. F°`?3S 'f Jr ^YkY Ix!t[?iJAk ji' f f ,,i3 tf.." { •?d ,.. Jdn S ?.. ^ ?'i .4 m ?I?str T^+-.Y'h?t"rFF?,'p - x ? { ( z a , t 04 4A $s }t ., I - NV F F r + - of x _ ?v A li lait 3,11 .....'.T+'.?:a, Y.-,y x' '3F 1! PALM BLUFF WOODS CONSULTING 1714 COUNW ROAD 1. SURE 22 WATERWAY WIDTH DUNEDIN FL 34698 MHW +11 MLW -0.7' PH. (727 786-5747 * ELf 17ONS REFERENCE NOW-1929 FAX AX (727 786-77479 479 SHEET 10 MUNICIPALITY ENGINEER'S SEAL \\,IIIII/,j WASf? u > % mn oQ 0E/000 W . I -?NN OF I = Q L0 lu ? V \ _ J SCALE: NTS 0 FIRE LINE NOTES 1. ALL FIRE MAINS TO BE 6" OR 4" PVC, AWWA plication # (OFFICIAL USE ONLY) 2. ALL FIRE LINES TO BE PRESSURE TESTED TO 300 PSI FOR 2 HOURS, FLUSHED BEFORE CONNECTING TO STANDPIPE SYSTEM. 3. PIPING THRU SEAWALL TO BE GALVANIZED SC 40 WITH GALVANIZED FITTINGS AND HANGERS. FIRE LINE HANGERS AND ATTACHMENTS TO BE STAINLESS STEEL AND SHALL BE DESIGNED TO RESTRICT VERTICAL MOVEMENT (UP OR DOWN). 4. ALL PIPE COUPLING TO BE COVERED WITH A CORROSION RESISTANT COATING. (NON-PVC COUPLING) 5. ALL UNDERGROUND PIPE TO BE DR14 300 PSI TESTED, ABOVE GROUND AND UNDER DOCKS, TO BE SCHEDULE 80 WITH UV RESISTANCE COATING. 6. SYSTEM TO BE IN ACCORDANCE WITH THE FOLLOWING NFPA STANDARDS, -NFPA 303, 1995 EDITION -NFPA 24, 1995 EDITION -NFPA 14, 2000 EDITION -NFPA-1, 2003 EDITION 7. TRANSITION PIPING BETWEEN UNDERGROUND AND EXPOSED PIPING TO BE DUCTILE IRON WITH APPROPRIATE FITTINGS AND RESTRAINTS 8. FIRE LINE CONTROL VALVES TO BE OS&Y TYPE WITH EPOXY COATING, 300 Ib. WORKING PRESSURE 9. ENTIRE SYSTEM TO BE TESTED AT 300 PSI FOR 2 HOURS. TESTING SHALL BE WITNESSED BY LOCAL FIRE DEPARTMENT PERSONNEL AND A CERTIFICATE OF TESTING AND FLUSHING FURNISHED WOODS CONSULTING PALM BLUFF 1714 COMM ROAD 1, SUITE 22 FIRE PROTECTION NOTATIONS DUNEDIN FL 34696 MHW +1.3- MLW -0.7' PH. AX (727 766-5747 *ELElG4T10NS REFERENCE NCIID-1929 FAX (727 786-7479 SHEET ?L I Mon, 22 Jan 2007 - 1:02pm P:\Palm Bluff Feasibility Study (237-05)\Cad\MASTER REV 3.dwg . I S SEAL \ Std SV6 OF HKNN W =urn % P, •; v a Oil, Lnuj 100 SCALE: 1" = 40' plication # (OFFICIAL USE ONLY) I-- 59.5 2 10 LB - ABC FIRE EXTINGUISHER NFPA 303 SECTION 4.2 tLl V PVC POTABLE 145.2 30.0 2 1/2" 0 RISER W/ FDV FIRE/ POTABLE WATER ALL ABOVE GND PIPING 4" GALVANIZED PIPE W/ S/S HARDWARE AND UTILITY SECTION VIEW I 1 HANGERS Li i ii i ! 4" X 1 "TAP SEAWALL 1" GATE VALVE FOR POTABLE 2 1/2" 0 RISER o W1 FDV U- 2 00 IY = WOODS CONSULTING PALM BLUFF 1714 COUNTY ROAD 1, SURE 22 FIRE PROTECTION SCHEMATIC DUNEDIN FL 34698 MHW +1.3' MLW -0.7' PH. 727) 786-5747 ''EZE-04T10NS REFERENCE NOW-1929 FAX 727) 786-7479 SHEET 12 Mon, 22 Jan 2007 - 1:02pm P:\Palm Bluff Feasibility Study (237-05)\Cad\MASTER REV 3.dwg • ??\IIIII/// \ •• •• i > r oz 0 o N . 1 _ ?Oco om = S • • S IF • WO = Q -,-- N?NN tuCC • : = I/ LU Lr) I SCALE: 1" = 40' PROPOSED DOCK ---- SEAWALL ? z 2.5 x 2.5 x 4 4" CHECK VALVE /-i4" GALVANIZED PIP TO DOCK 4" PVC DR14 FDC plication # (OFFICIAL USE ONLY) 4"X 1"TAP 1" GATE VALVE I FOR POTABLE 2 1/2 0 RISER I W/ FDV • i ? I `t I 1 SUNSET DRIVE 0 FDC EXISTING FIRE HYDRANT SIGN: FDC FOR DOCK USE ONLY WOODS CONSULTING PALM BLUFF 1714 COUNW ROAD 1, SufTE 22 FIRE HYDRANT LOCATION DUNEDIN FL 34698 MHW +1.3' MLW -0.7' PH. AX 727) 786-5747 *EZE-OA T/ONS REFERENCE NCkD-1929 FAX 727) 786-7479 SHEET Mon, 22 Jan 2007 - 1:02pm P:\Palm Bluff Feasibility Study (237-05)\Cad\MASTER REV 3.dwg MUNICIPALITY ENGINEER'S SEAL NOTE: THE ABOVE SCHEMATIC IS INTENDED I I I I 1 / TO MAKE THE REQUIRED COMMITMENTS TO THE `??? WASH ? CITY t W + om I OR FIRE PROTECTION. ?0 ?? ?.• (i A ?• ? ? S ° n m PRIOR TO DOCK CONSTRUCTION, APPLICANT WILL PROVIDE ENGINEERED PLANS TO i i ?N? THE CITY TO EFFECT THE PROVISION OF THE NEW Q FIRE HYDRANT AND FDC'S. - F- NN P K " IF , : U Q /P • j •••• ••••• N w '- \\\ U // 7 11 1 1 1 i\\ MINIMIZATION EXf-IOT AS PERMITTED (AND PROPOSED) AS PROPOSED NUMBER OF DOCKS = 3 NUMBER OF SLIPS = 6 TOTAL SQ FT = 21394 TOTAL TERMINAL PLATFORM SQ FT = 297 ELEV. OVER SAV = 6.3' NGVD-29 NUMBER OF DOCKS = 1 NUMBER OF SLIPS = 6 TOTAL SQ FT = 999 TOTAL TERMINAL PLATFORM SQ FT = 297 ELEV. OVER SAV = 6.3' NGVD-29 WOODS CONSULTING 1714 COUNTY ROAD t. SUITE 22 PALM BLUFF DUNEDIN FL 34698 PH. (727) 786-5747 FAX (727) 786-7478 MINIMIZATION EXHIBIT Tue, 23 Jan 2007 - 2:34pm PAPalm Bluff Feasibility Study (237-05)\Cad\MASTER REV 3.dwg n 09) n. n• .n n. r? CDB Meeting Date: January 16, 2007 • Case Number: FLD2006-06038 Agenda Item: E4 Owner: Wisne Development, LLC Applicant: Woods Consulting Representative: Sherry Bagl`y, Woods Consulting Address: 1202 Sunset Drive, 1204 Sunset Drive, & 300 Palm Bluff Street CITY OF CLEARWATER PLANNING DEPARTMENT STAFF REPORT GENERAL INFORMATION: REQUEST: Flexible Development approval to permit a 999 square-foot multi-use dock with six slips for the residents of Palm Bluff Preserve subdivision, located in the Low Medium Density Residential District, with an increase to the maximum dock length from 139.9 feet to 187.2 feet, under the provisions of Section 3-601. CURRENT ZONING: Low Medium Density Residential (LMDR) District CURRENT FUTURE LAND Residential Urban (RU) Category USE CATEGORY: PROPERTY USE: Current Use: Detached dwellings Proposed Use: Multi-use dock for six slips totaling 999 square feet (in association with an approved 8-unit single family residential project) EXISTING North: Low Medium Density Detached dwellings SURROUNDING ZONING Residential District AND USES: South: Low Medium Density Detached dwellings Residential District East: Low Medium Density Attached dwellings Residential District West: Preservation Clearwater Harbor ANALYSIS: Site Location and Existing Conditions: The 0.482 acres located on the west side of Sunset Drive, approximately 60 feet north of Palm Bluff Street. The site has approximately 140 feet of frontage on Sunset Drive and was formerly developed with three detached dwellings. On November 12, 2004, the Development Review Committee (DRC) approved with conditions Case Numbers FLS2004-09064, PLT2004-00014, a proposal to plat nine residential lots and construct eight new-detached dwelling units. Building Permit #BCP2005-06418 has been submitted to construct site improvements. Detached dwellings to the north, south, and west dominate the area around this site. Attached dwellings (apartments) exist to the south and east of this site on the both sides of Osceola Avenue. The Intercoastal Waterway exists to the west of the site. Community Development Board - January 16, 2007 FLD2006-06038 - Page 1 of 5 • • Development Proposal: The development proposal consists of the construction of a 999 square-foot, six wet slip multi-use dock as an amenity to an approved 8-unit detached dwelling development on the upland portion of lot 7, lot 8 and the pool and recreation area also know as Tract "B" of the subject property. The docks will be accessed via a common recreation area located in the center of the subdivision. Pursuant to Section 3-601.C.2 of the Community Development Code, a multi-use dock is defined as any dock owned in common or used by the residents of a multi-family development, condominium, cooperative apartment, mobile home park or attached zero lot line development. However, pursuant to Section 3.601.C.3 of the Community Development Code, any multi-use dock with a deck area exceeding 500 square feet shall be treated as a commercial dock. As the proposed dock exceeds this threshold (999 square feet), the dock is treated as commercial and is subject to the relevant review criteria. Code Enforcement Analysis: There are no outstanding Code Enforcement issues associated with the subject property. COMPLIANCE WITH STANDARDS: With regards to setbacks, the dimensional standards criteria set forth in Section 3-601.C.3.h of the Community Development Code state that docks shall be located no closer to any property line as extended into the water than the distance equivalent to ten percent of the width of the waterfront property line. The width of the waterfront property line is 186.61 feet; therefore the proposed dock must be set back from the north and south property lines a minimum of 18.6 feet. As proposed, the dock will be set back from the north and south property lines in excess of this requirement with distances of 55.7 feet and 70.44 feet, respectively. With regards to length, commercial docks shall not extend from the mean high water line or seawall of the subject property more than 75 percent of the width of the subject property as measured along the waterfront property line; thus the length of the dock cannot exceed 139.96 feet. As proposed, the dock has a length of 187.2 feet. The same threshold that applies to length also applies to width; therefore the width of the proposed dock cannot exceed 187.2 feet. The dock has a proposed width of 59.5 feet; thus compliance with this standard is achieved. The proposed docks are consistent with existing docks and meet today's Codes; wherein the additional length requested takes into account the water depth at mean low water. The Harbor Master has indicates that the proposed dock is in keeping with the character and scope of the docks in adjacent properties and is large only due to the requirements of the County to be in sufficient water depth to not disturb the benthic organisms and sea grasses which may be in the area. I see no problem with navigation or access to the docks of adjoining properties that would cause any problem with its proposed design, size, and location. The following table depicts the development proposals consistency with the standards and criteria as per Section 3-601.C.3.h of the Community Development Code: Standard Proposed Consistent Inconsistent Setbacks 10% of the width of the subject North: 55.7 feet X (Minimum) property (18.6 feet) South: 70.44 feet X Length 5% of the width of the subject 187.2 feet X (Maximum) property (139.96 feet) Width 5% of the width of the subject 9.5 feet X Maximum property 139.96 feet) Community Development Board - January 16, 2007 FLD2006-06038 - Page 2 of 5 0 0 COMPLIANCE WITH FLEXIBILITY CRITERIA FOR COMMERCIAL DOCKS (SECTION 3- 601.C.3.a-2): The development proposal has been found to be consistent with the criteria for commercial docks. Specific responses to each of these criteria have been provided by the applicant and are included with their application. The individual criteria for commercial docks are set forth in the following table: Consistent Inconsistent 1. The proposed dock shall be subordinate to and contribute to the comfort, X convenience or necessities of the users or the occupants of the principal use of the property. 2. The proposed dock shall be in harmony with the scale and character of adjacent X properties and the neighborhood in general. 3. The proposed dock shall be compatible with dock patterns in the general vicinity. X 4. Impacts on Existing Water Recreation Activities. The use of the proposed dock X shall not adversely impact the health, safety or well being of persons currently using the adjacent waterways for recreational and/or commercial uses. Furthermore, it shall not hinder or discourage the existing uses of the adjacent waterway by uses including but not limited to non-motorized boats and motorized boats. 5. Impacts on Navigation. The existence and use of the proposed dock shall not have a X detrimental effect on the use of adjacent waters for navigation, transportation, recreational or other public conveniences. 6. Docks shall be sited to ensure that boat access routes avoid injury to marine X grassbeds or other aquatic resources in the surrounding areas. 7. Docks shall not have an adverse impact upon natural marine habitats, grass flats X suitable as nursery feeding grounds for marine life, or established marine soil suitable for producing plant growth of a type useful as nursery or feeding grounds for marine life; manatee sanctuaries; natural reefs and any such artificial reef which has developed an associated flora and fauna which have been determined to be approaching a typical natural assemblage structure in both density and diversity; oyster beds; clam beds; known sea turtle nesting site; commercial or sport fisheries or shell fisheries areas; and habitats desirable as juvenile fish habitat. 8. All turning basin, access channels, boat mooring areas and any other area associated X with a dock shall have adequate circulation and existing water depths to ensure that a minimum of a one foot clearance is provided between the lowest member of a vessel (e.g. skegs, rudder, prop) and the bottom of the water body at mean or ordinary low water (-0.95 NGVD datum). 9. The dock shall not effectively cause erosion, extraordinary storm drainage, shoaling X of channels, or adversely affect the water quality presently existing in the area or limit progress that is being made toward improvement of water quality in the area in which the dock is proposed to be located. 10. The dock shall not have a material adverse impact upon the conservation of X wildlife, marine life, and other natural resources, including beaches and shores, so as to be contrary to the public interest. 11. The dock shall not have an adverse impact on vegetated areas; vegetative, terrestrial, X or aquatic habitats critical to the support of listed species providing one or more of the requirements to sustain their existence, such as range, nesting or feeding grounds; habitats which display biological or physical attributes which would serve to make them rare within the confines of the City; designated preservation areas such as those identified in the comprehensive land use plan, national wildlife refuges, Florida outstanding waters or other designated preservation areas, and bird sanctuaries. 12. Impacts on Wetlands Habitat/Uplands. The dock shall not have a material adverse X affect upon the uplands surrounding. Community Development Board - January 16, 2007 FLD2006-06038 - Page 3 of 5 0 0 COMPLIANCE WITH GENERAL STANDARDS FOR LEVEL TWO APPROVALS: The following table depicts the consistency of the development proposal with the General Standards for Level Two Approvals as per Section 3-913.A of the Community Development Code: Consistent Inconsistent 1. The proposed development of the land will be in harmony with the scale, bulk, X coverage, density and character of adjacent properties in which it is located. 2. The proposed development will not hinder or discourage development and use of X adjacent land and buildings or significantly impair the value thereof. 3. The proposed development will not adversely affect the health or safety of persons X residing or working in the neighborhood. 4. The proposed development is designed to minimize traffic congestion. X 5. The proposed development is consistent with the community character of the X immediate vicinity. 6. The design of the proposed development minimizes adverse effects, including X visual. acoustic and olfactorv and hours of operation impacts on adjacent properties. SUMMARY AND RECOMMENDATION: The Development Review Committee (DRC) reviewed the application and supporting materials at its meeting of December 7, 2006, and deemed the development proposal to be sufficient to move forward to the Community Development Board (CDB), based upon the following findings of fact and conclusions of law: Findings of Fact: 1. That the 0.482 acres located on the west side of Sunset Drive, approximately 60 feet north of Palm Bluff Street; 2. That the property was approved on November 12, 2004, by the Development Review Committee (DRC) for the development of the upland with 8 detached dwellings; 3. That a building permit has been submitted to construct the site improvements; 4. That the proposal consists of the construction of a 999 square-foot, six wet slip multi-use dock as an amenity for the an 8 unit detached dwelling development; 5. That due to the design and orientation of the docks, for slips 6 - 8 the maximum length of boats is 20 feet; 6. That the proposed docks comply with the setback, width, and length standards of Section 3-601.C.3.h of the Community Development Code; 7. That the development proposal is compatible with dock patterns of the surrounding area; and 8. That there are no outstanding Code Enforcement issues associated with the subject property. Conclusions of Law: 1. That the development proposal is consistent with the commercial dock review criteria as per Section 3-601.C.3 of the Community Development Code; and 2. That the development proposal is consistent with the General Applicability criteria as per Section 3- 913.A of the Community Development Code. Based upon the above, the Planning Department recommends APPROVAL of the Flexible Development approval to permit a 999 square-foot multi-use dock with six slips for the residents of Palm Bluff Preserve subdivision, located in the Low Medium Density Residential District, with an increase to the Community Development Board - January 16, 2007 FLD2006-06038 - Page 4 of 5 0 0 maximum dock length from 139.9 feet to 187.2 feet, under the provisions of Section 3-601, with the following conditions: Conditions of Approval: 1. That boats moored at the docks be for the exclusive use by the residents and/or guests of the detached dwellings located within Palm Bluff Preserve and not be permitted to be sub-leased separately from the individual detached dwelling unit owners; 2. That with this approval of docks that may be used by the owners of Lots 7 and 8 and that deviate from the requirements of CDC Code Section 3-601.C., the owners of Lots 7 and 8 may not in the future request a deviation from the requirements of CDC Code Section 3-601.C. for docks on their property; 3. That all Fire Department requirements be met prior to the issuance of any permits; and 4. That a copy of the SWFWMD and/or FDEP Permit, Corps of Engineer's Permit and proof of permission to use State submerged land, if applicable, be submitted to the Planning Department prior to commencement of construction. Prepared by Planning Department Staff: Jo chodtler, Planner H ATTACHMENTS: ? Location Map ? Aerial Map ? Zoning Map ? Existing Surrounding Uses Map ? Photographs of Site and Vicinity S:\Planning Department\C D B\FLEX (FLD)\Pending cases\Reviewed and Pending\Sunset Dr 1202 Palm Bluff Preserve - Dock Rec Area (LMDR)JVS\FLD2006-06038 Staff Report.doc Community Development Board - January 16, 2007 FLD2006-06038 - Page 5 of 5 • • John V. Schodtler 100 South Myrtle Avenue Clearwater, FL 33756 727-562-4547 iohn.schodtlern myclearwater.com PROFESSIONAL EXPERIENCE • Planner II City of Clearwater, Clearwater, Florida 2005 to present • Planner I City of Clearwater, Clearwater, Florida 2004 to 2005 • Development Review Specialist/Associate Planner City of Clearwater, Clearwater, Florida 1998 to 2004 Duties consist of assisting customers with planning related issues and basic zoning information. Processing and reviewing Flexible Development and Flexible Standard cases (variances and conditional uses). Creating custom Crystal reports for the Planning Department. Computer Systems Administrator. Duties consist of maintaining the department PC's software and networking systems and trouble shooting difficulties at the departmental level and acting as liaison to the Information Technologies Department for larger scale problems. • Customer Service Representative City of Clearwater, Clearwater, Florida 1996 to 1998 Duties consist of assisting, directing and informing customers with occupational licenses and building permits. Additional duties involve greeting customer, reviewing building plans, accounting and general data entry. • Library Assistant/Receptionist Bush Ross Gardner Warren & Rudy, P.A. Tampa, Florida 1995 to 1996 Duties consist of maintaining and updating index file records of library materials and warehoused library materials; review, distribution and filing of incoming publications; ordering new publications and distribution of requested case law. Additional duties involve providing back up support for receptionist and other support staff duties such as assembling closing binders and pleading indexes; mailroom duties including faxing and photocopying. • Inventory Control Manager Sound Advice Retail Outlet, Clearwater, Florida 1992 to 1995 Duties consisted of various stockroom, shipping and receiving services in an unsupervised capacity; occasional maintenance and service driver duties. EDUCATION Bachelors of Arts in Business Management with a minor in Human Development, Eckerd College, St. Petersburg, FL, SUNSET POINT RD YO ?/RD 2 PONT OR Z I O IV S?r0 3 P? CALUMETO'f . • y '.' _ VENETIAN Np(OMIS LEBEAU CARQE r IROQUOIS PRINCESS Q '6 D OSAGE e?o o ? a ? o a GT Lr7 FAI WjONT Q FAIRMl7lT 2 T 3? ?9 Au R.. - PROJECT SITE MARSHW ° a oaa SELL ST os IN ETvGk, Q F-= TANGERNE ST ST x ENGNAN S1 Q?Q aS LASALLE O BLUFF Si PALM BLUFF ST PALM BLUFF Sr S4LIN0 ?o R ENS IT p i METTO S ME O W ^ o CEDAR ST 0 ?J S PA1 MFTTO a N+Rm? g NICM = OLSO ST N a L7 NICNOLSON ST w_ NIC}1QSOH II = F1 V Lam! ? I El = Fl?l JLI/ _. ? ELDRIOGE ST EIDRIDGE 2 ? ?m®?? O L`.-J ST MAPLE O g LEE ST l a T PLAZA GEORGIA ? HART S T "'rK5l)nl JONES ? ?= ? I ?F-1 FU-1 El Hw0?? ; s a z DREW IT S.R. S!q K ?a?a= GROV= 6T 6 ?mm, 143dORIGCS F11 ? LAURA a LAURA I N.C GROVE ST C Location .Map Owner. Wisne Development, LLC Case: FLD2006-06038 Sites: 1202 Sunset Drive - Recreation Area Property Size Acres : 0.116 Atlas Page: 268B PINS: 09-29-15-65472-000-0002 S:\Planning Department\C D B\FLEX (FLD)\Pending cases\Up for the next DRC\Sunset Dr 1202 Palm Bluff Preserve - Dock Rec Area (LMDR) 08-03-06 (JVS)\Map Request Form.doc 0 0 1 1406 4 5 _ 1 14 1402 v V 1407 4 e8 ,?j 140Trjp 8 1 - $ Q 13 140 1407 7 7za 2 1402 1401 1405 6 58 12 `-- --?,_ 3 14 - 731 1309 01 5 74pz- 49 1308 130 4 _ 57 9 48 '-I7 '---? 39 1310 -----`-'1g?9p 55 51 40 -1305- ` r 48 54 41 1304 --- S 130 5 -1301 - 42 1302 1212 43 1300 1 E ' ' '--- ss 77 SA gT 130 N `-' 1216 --- -- 1217 es 70 1216 300 --_-_- 59 1216 76 - P - 1 1215 67 1212- 7 1212 60 1214 a _- 74 -_ -- 206 - 72 1213 86 61 1. 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Wisne Development, LLC Case: FLD2006-06038 Sites: 1202 Sunset Drive - Recreation Area, 1204 Property Sunset Drive, 300 Palm Bluff Size Acres : 0.482 Atlas Page: 268B PINS: 09-29-15-65472-000-0002, 09-29-15-654 72-000-000 7, 09-29-15-65472-000-0008 S:\Planning Department\C D B\FLEX (FLD) \Pending cases\Vp for the next DRC\Sunset Dr 1202 Palm Bluff Preserve - Dock Rec Area (LMDR) 08-03-06 (JVS)\Map Request Form.doc 0 0 121406 411 14 f 5 7402 f40Rv 8 4 14071j2 1 8 Q 13 140 1407 7 1402 2 1 1401 1405 6 58 12 _ 3 131 1309 5 ?T40, 1309 ?_ 57 49 1308 4 7 _ 39 1310 55 ????' BP 51 1 40 1?3 1305 46 ? 52 41 1304 3 130 ??L? 5 ??? _42 1302 1212 78 ?.,? 77? ???? 6s ? ????? 1216 70 ??" 1216 ? 1217 88 ? 300 76 ? 59 1216 1 ? 1215 67 _ ?iyr 1212? 3 7 1212 80 721 `4p 4 Q 1216 WA TER 74 ? 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Wisne Development, LLC Case: FLD2006-06038 Sites: 1202 Sunset Drive - Recreation Area, 1204 Property Sunset Drive, 300 Palm Bluff Size Acres : 0.482 Atlas Page: 268B PINS: 09-29-15-65472-000-0002, 09-29-15-6 54 72-000-000 7, 09-29-15-65472-000-0008 S.\Planning Department\C D B\FLEX (FLD)\Pending cases\Up for the next DRC\Sunset Dr 1202 Palm Bluff Preserve - Dock Rec Area (LMDR) 08-03-06 (JVS)\Map Request Form.doc ^ 1402 / \ 147 14 1 5 "---1.4 !' ^ J 1407 4 ,$ r4a71{? 1 13 14 14 c 4f 47 7 1446 ? ? 140 2 1441 1405 6 58 12 ?- 3 1401 -_ -_ ' -_ 131 1309 5 2 --Ab2 - 1 08 57 49 13? 4 3 ---- RI FR _ ft48 7 -- 39 1310 55 51 40 1303 46 sa 52 41 1304 S 13 L- 42 1341 0 - - 30 -` 1212 _ 78 43 r3a0 77 69 ENGMA 130 N S 1 _-- rile T iii ' 1?17 6s " 7o s ? 30o _ ? r?1s CFR ?,s 67 ' a -?^ 12137 CFR 60 1214 -fQ4Z 6 74 ?OB -72 66 61 121? 1215 7 - 300 17 1 73 65 1?13 8 - ?? W 1?a __ _ 1214 3 8 1 f 1 64 63 9 ' 1Za 1T1Nj --- 1205 2 1207 19 r?aB Q 2 .. 1 20 1206 10 r?0 r?3 z1 1 0 7$ 6 22 1?a1 r 9 fij ?07 5 4 3 10 ' A 1VIFR '- ti 12os 8 1 / 26 27 1203 i 7 tt 303 6 / pAL)4wf p , --- F A Sr 1012 5 I 7 ° i , 3 6 a 110;' 9 I / I q 28 ..__ / 29 30 ? ! 5 / Mo _ 39 32_ -- Q ' I i7 110 1100 1 14 11 CFR 1 - _ 45 V 5 4 1 I 2 33 - _ 34 1102 ;ip3"___4 13 1102 t V CFR - 3 36 1100 - - 1016 1015 13 1016 u 1 2 t 14 40 304 2 A far?- 1013 ---- 26 27 1010 .0 12 15 1011 j 1100 Existing Use Map Owner. Wisne Development, LLC Case: FLD2006-06038 Sites: 1202 Sunset Drive - Recreation Area, 1204 Property Sunset Drive, 300 Palm Bluff Size Acres : 0.482 Atlas Page: 268B PINS: 09-29-15-65472-000-0002, 09-29-15-65472-000-0007, 09-29-15-65472-000-0008 SAPlanning Department\C D B\FLEX (FLD)\Pending cases\Up for the next DRC\Sunset Dr 1202 Palm Bluff Preserve - Dock Rec Area (LMDR) 08-03-06 (JVS)\Map Request Form.doc Aerial Map Owner. Wisne Development, LLC Case: FLD2006-06038 Sites: 1202 Sunset Drive - Recreation Area, 1204 Property Sunset Drive, 300 Palm Bluff Size(Acres): 0.482 Atlas PINS: 09-29-15-65472-000-0002, 09-29-15-654 72-000-000 7, 09-29-15-65472-000-0008 S:\Planning Department\C D B\FLEX (FLD) \Pending cases\Up for the next DRC\Sunset Dr 1202 Palm Bluff Preserve - Dock Rec Area (LMDR) 08-03-06 (JVS) \Map Request Form.doc 0 FLD2006-0603 8 1202 Sunset Drive 7/24/2006 • Dock systems south of the subject property - lengths exceed 150 feet. Subject Property - remains of existing dock system. 1 f Subject Property - remains of existing dock system. • • h• Subject Property - location of proposed dock entry. :.?Y?+rrxx? - Subject Property - location of proposed dock system. a +" Subject Property - location of proposed dock system with a length of 187.2 feet. Dock systems north of the subject property. 2 LI Dock systems north of the subject property - lengths exceed 150 feet. • FLD2006-06038 1202 Sunset Drive 7/24/2006 Dock systems south of the subject property -lengths exceed 150 feet. low i Subject Property - remains of existing dock system. a r ?5 2 Y - Subject Property - remains of existing dock system. a f .. ? • e. 1,:' a •.''?' t 4?V"t ' 4?.. Subject Property -location of proposed dock entry. I ;- W1 .L „y ? " ? ??.: ..?_l..?sr-. y!` _-r3?}ia ??-?9K'?'?.;.,?y•?1:=.??`, 1?_.. T'??'c'--,..r.'--' ar WWI do; Awl l ' .y wt ?". ?5 Y".? t •??'q Subject Property - location of proposed dock system with a length of 187.2 feet. z- :7 Subject Property -location of proposed dock system. t 77. i 1 Dock systems north of the subject property. Dock systems north of the subject property -lengths exceed 150 feet. 'Clearwater • 0 Printed: 11/30/2006 Times are subject to change DRAFT ACTION AGENDA DEVELOPMENT REVIEW COMMITTEE Thursday, December 7, 2006 8:30 a.m. STAFF REVIEW 9.00 am Case Number: FLD2006-06038 -- 1202 SUNSET DR RECREATION AREA Owner(s): Wisne Dev Llc 3408 Beacon St Pompano Beach, F] 33062 TELEPHONE: No Phone, FAX: No Fax, E-MAIL: No Email Representative: Bill Woods - Woods Consulting, Inc. 1714 Cr 1 Dunedin, Fl 34698 TELEPHONE: 727-786-5747, FAX: 727-786-7479, E-MAIL: billwoods@woodsconsulting.org Location: 0.482 acres lot located on the west side of Sunset Road approximately 60 feet north of Palm Bluff Street. Atlas Page: 268B Zoning District: LMDR, Low Medium Density Residential Request: Flexible Development approval to permit a 999 square-foot multi-use dock for the residents of Palm Bluff Preserve subdivision, located in the Low Medium Density Residential District, with an increase to the maximum dock length from 139.9 feet to 187.2 feet, under the provisions of Section 3-601. Proposed Use: Detached dwelling Neighborhood Clearwater Neighborhoods Coalition Association(s): Clearwater, Fl 33758 P O Box 8204 TELEPHONE: No Phone, FAX: No Fax, E-MAIL: No Email Neighborhood Old Clearwater Bay Neighborhood Association(s): Clearwater, 17133767 1828 Venetian Point Drive TELEPHONE: 461-0564, FAX: No Fax, E-MAIL: southern@tampabay.rr.com Neighborhood North Greenwood Association, Inc. Association(s): Clearwater, Fl 33755 1201 Douglas Road TELEPHONE: 560-4382, FAX: No Fax, E-MAIL: WADENWADE@AOL.COM Presenter: 'J.6bn,Scbodtler, Planner II Attendees Included: The DRC reviewed this application with the following comments: General Engineering: 1 No Issues. Environmental: ] . Provide copies of SWFWMD and/or FDEP Permit, Corps of Engineer's Permit and Submerged Land Lease prior to the commencement of construction. Fire: ] . Must meet NFPA 303 Chapter 4 Fire Protection.-4.3.4* An approved water supply shall be provided within 100ft. (30.5m) of the pier / land intersection or fire department connection serving fire protection systems. FDC can be at the street within 100ft of fire hydrant and provide 2 1/2 " hose valves on the dock as this dock is 187.3 feet a second 2 1/2" hose valve must also be provided. Acknowledge PRIOR to C.D.B. 2 . Must meet NFPA 303 Chapter 4 Fire Protection. 4.2 Portable Fire Extinguishers. Acknowledge PRIOR to C.D.B. f. ?J Development Review Agenda - Thursday, December 7, 2006 - Page 1 Harbor Master: . • 1 . John, this dock is in keeping with the character and scope of the docks in adjacent properties and is large only due to the requirements of the County to be in sufficient water depth to not disturb the benthic organisms and sea grasses which may be in the area. I see no problem with navigation or access to the docks of adjoining properties that would cause any problem with its proposed design, size and location, Bill M 11/17/06 Legal: No Comments Land Resources: No Issues. Landscaping: No Comments Parks and Recreation: 1 . No issues - multi-use private dock. Stormwater: No Issues Solid Waste: No Comments Traffic Engineering: I . No Issues. Planning: 1 . According to the State Division of Corporations, the registered agent and manager listed for Wisne Development LLC are not as show on the application. It is unclear what John Breco's relationship/title with Wisne Development LLC. The addresses for the agent and manager are not as indicated on the application. Clarify/Revise. 2 . Lots 7 & 8 need to be included in this request. This is due to the dock and wetslips extending over the north and south extended property lines. Adding lots 7 & 8 will allow the proposal to meet setback and width requirements. The request to increase to dock length is lessened as the width of the waterfront would go from 54.17 feet to 186.61 feet allowing a length of 139.96 feet vs 40.63 feet. (Adding lots 7 & 8 lessen the amount of requests for variation from Code.) Other: No Comments Notes Development Review Agenda - Thursday, December 7, 2006 - Page 2 • • Schodtler, John From: Morris, William D. Sent: Friday, November 17, 2006 11:38 AM To: Schodtler, John Cc: Wells, Wayne Subject: FLD2006-06038 1202 Sunset Dr. John, this dock is in keeping with the character and scope of the docks in adjacent properties and is large only due to the requirements of the County to be in sufficient water depth to not disturb the benthic organisms and sea grasses which may be in the area. I see no problem with navigation or access to the docks of adjoining properties that would cause any problem with its proposed design, size and location, Bill M 1 ? Fr?rrs' •. Conditions Associated With FLD2006-06038 1202 SUNSET DR RECREATION AREA Engineering Condition Steve Doherty 562-4773 07/24/2006 No Issues. Not Met Environmental Condition Heather Faessle 562-4897 11/08/2006 Provide copies of SWFWMD and/or FDEP Permit, Corps of Engineer's Permit and Submerged Not Met Land Lease prior to the commencement of construction. Fire Condition James Keller 562-4327 x3062 11/13/2006 Must meet NFPA 303 Chapter 4 Fire Protection.-4.3.4' An approved water supply shall be Not Met provided within 100ft. (30.5m) of the pier / land intersection or fire department connection serving fire protection systems. FDC can be at the street within 100ft of fire hydrant and provide 2 1/2 " hose valves on the dock as this dock is 187.3 feet a second 2 1/2" hose valve must also be provided. Acknowledge PRIOR to C.D.B. 11/13/2006 Must meet NFPA 303 Chapter 4 Fire Protection. 4.2 Portable Fire Extinguishers.Acknowledge Not Met PRIOR to C.D.B. Harbor Master Condition 11/17/2016 John, this dock is in keeping with the character and scope of the docks in adjacent properties and Not Met is large only due to the requirements of the County to be in sufficient water depth to not disturb the benthic organisms and sea grasses which may be in the area. I see no problem with navigation or access to the docks of adjoining properties that would cause any problem with its proposed design, size and location, Bill M 11/17/06 Land Resource Condition 07/20/2006 No Issues. Rick Albee 727-562-4741 Parks & Recs Condition Debbie Reid 11/07/2006 No issues - multi-use private dock. Storm Water Condition Bob Maran 11/07/2006 No Issues Not Met Not Met Not Met Traffic Eng Condition Bennett Elbo 562-4775 07/18/2006 No Issues. Not Met Zoning Condition John Schodtler 727-562-4547 07/28/2006 According to the State Division of Corporations, the registered agent and manager listed for Not Met Wisne Development LLC are not as show on the application. It is unclear what John Breco's relationship/title with Wisne Development LLC. The addresses for the agent and manager are not as indicated on the application. Clarify/Revise. 10/30/2006 Lots 7 & 8 need to be included in this request. This is due to the dock and wetslips extending Not Met over the north and south extended property lines. Adding lots 7 & 8 will allow the proposal to meet setback and width requirements. The request to increase to dock length is lessened as the width of the waterfront would go from 54.17 feet to 186.61 feet allowing a length of 139.96 feet vs 40.63 feet. (Adding lots 7 & 8 lessen the amount of requests for variation from Code.) Print Date: 11/17/2006 562-4818 562-4592 CaseConditons Page 1 of 2 Case Number: FLD2006-06038 -- 1202 SUNSET DR RECREATION AREA Owner(s): Wisne Dev Llc 3408 Beacon St Pompano Beach, F] 33062 TELEPHONE: No Phone, FAX: No Fax, E-MAIL: No Email Representative: Mr. Bill Woods - Woods Consulting, Inc. 1714 Cr 1 Dunedin, F134698 TELEPHONE: 727-786-5747, FAX: 727-786-7479, E-MAIL: billwoods@woodsconsulting.org Location: 0.116 acres lot located on the west side of Sunset Road approximately 60 feet north of Palm Bluff Street. Atlas Page: 268B Zoning District: LMDR, Low Medium Density Residential Request: Flexible Development approval to permit a 750 square-foot multi-use dock for two slips associated with the Palm Bluff Preserve subdivision, located in the Low Medium Density Residential District, under the provisions of Section 3-601. Proposed Use: Open space Neighborhood Clearwater Neighborhoods Coalition Association(s): Clearwater, Fl 33758 P O Box 8204 TELEPHONE: No Phone, FAX: No Fax, E-MAIL: No Email Neighborhood Old Clearwater Bay Neighborhood Association(s): Clearwater, FI 33767 1828 Venetian Point Drive TELEPHONE: 461-0564, FAX: No Fax, E-MAIL: southern@tampabay.rr.com Neighborhood North Greenwood Association, Inc. Association(s): Clearwater, Fl 33755 1201 Douglas Road TELEPHONE: 560-4382, FAX: No Fax, E-MAIL: WADENWADE@AOL.COM Presenter: John Schodtler, Planner II Attendees Included: The DRC reviewed this application with the following comments: General Engineering: I . No Issues. Environmental: I , 1. Any multi-use dock with a deck area exceeding 500 square feet shall be treated as a commercial dock. Community Development Code Section 3-601(C)(3). 2. Due to the presence of the sea grasses in this area, please revise length of proposed dock. The length of commercial and multi-use docks shall not extend from the mean high water line or seawall of the applicant's property more than 75 percent of the width of the applicant's property measured at the waterfront property line (Community Development Code Section Fire: 3-601.C.3.h.ii.). ?G?.W???1,?U`?l 1\ ? ??5+ `-- I I , NO ISSUES U G - fI Harbor Master: No Comments Legal: 2S n No Comments Land Resources: t l I , No Issues. Landscaping: No Comments Parks and Recreation: l? I . No issues - multi-use private dock. Stormwater: I . No Issues ,d F-a-?-? cGfz.? s psi z Development Review Agenda - Thursday, August 3, 2006 - Page 36 0 Solid Waste: No Comments Traffic Engineering: I . No Issues. Planning: Development Review Agenda - Thursday, August 3, 2006 - Page 37 0 • 1 . Re-clarify. How is the proposed 180 foot long dock in harmony with the scale, bulk, coverage, density, and character of the two adjacent properties? Reply to each seperately. 2. re-clarify. How does the proposed 180 foot long dock minimize adverse effects, including visual, acoustic, olfactory, and hours of operation impacts, on adjacent properties? Reply to each seperately. 3 . Clarify/Explain. Why does the dock system need to be elevated two to three steps above the seawall (see sheet 9 of water/nav application). This seawall is easily two feet tall than existing grade at this location. 4. The address assigned to Tract "B" also known as the "Pool and Recreation Area" is 1202 Sunset Drive. Revise all applications to reflect the new address. 5 . Pursuant to Section 3-601.C.3 Any multi-use dock with a deck area exceeding 500 square feet shall be treated as a commercial dock. All commercial docks shall be reviewed for compliance with the following criteria. Explain how the Use and compatibility of the proposed dock will be subordinate to and contribute to the comfort, convenience or necessities of the users or the occupants of the principal use of the property. 6. Pursuant to Section 3-601.C.3 Any multi-use dock with a deck area exceeding 500 square feet shall be treated as a commercial dock. All commercial docks shall be reviewed for compliance with the following criteria. Explain how the Use and compatibility of the proposed dock will be in harmony with the scale and character of adjacent properties and the neighborhood in general. 7. Pursuant to Section 3-601.C.3 Any multi-use dock with a deck area exceeding 500 square feet shall be treated as a commercial dock. All commercial docks shall be reviewed for compliance with the following criteria. Explain how the Use and compatibility of the proposed dock will be compatible with dock patterns in the general vicinity. 8. Pursuant to Section 3-601.C.3 Any multi-use dock with a deck area exceeding 500 square feet shall be treated as a commercial dock. All commercial docks shall be reviewed for compliance with the following criteria. Impacts on existing water recreation activities: Explain how the use of the proposed dock will not adversely impact the health, safety or well being of persons currently using the adjacent waterways for recreational and/or commercial uses. Furthermore, it shall not hinder or discourage the existing uses of the adjacent waterway by uses including but not limited to non-motorized boats and motorized boats. 9. Pursuant to Section 3-601.C.3 Any multi-use dock with a deck area exceeding 500 square feet shall be treated as a commercial dock. All commercial docks shall be reviewed for compliance with the following criteria. Impacts on navigation: Explain how existence and use of the proposed dock will not have a detrimental effect on the use of adjacent waters for navigation, transportation, recreational or other public conveniences. 10. Pursuant to Section 3-601.C.3 Any multi-use dock with a deck area exceeding 500 square feet shall be treated as a commercial dock. All commercial docks shall be reviewed for compliance with the following criteria. Impacts on marine environment: Explain how the proposed docks shall be sited to ensure that boat access routes avoid injury to marine grassbeds or other aquatic resources in the surrounding areas. 11 . Pursuant to Section 3-601.C.3 Any multi-use dock with a deck area exceeding 500 square feet shall be treated as a commercial dock. All commercial docks shall be reviewed for compliance with the following criteria. Impacts on marine environment: Explain how the poropsed docks will not have an adverse impact upon natural marine habitats, grass flats suitable as nursery feeding grounds for marine life, or established marine soil suitable for producing plant growth of a type useful as nursery or feeding grounds for marine life; manatee sanctuaries; natural reefs and any such artificial reef which has developed an associated flora and fauna which have been determined to be approaching a typical natural assemblage structure in both density and diversity; oyster beds; clam beds; known sea turtle nesting site; commercial or sport fisheries or shell fisheries areas; and habitats desirable as juvenile fish habitat. 12. Pursuant to Section 3-601.C.3 Any multi-use dock with a deck area exceeding 500 square feet shall be treated as a commercial dock. All commercial docks shall be reviewed for compliance with the following criteria. Impacts on water quality: Explain how all turning basin, access channels, boat mooring areas and any other area associated with a dock shall will have adequate circulation and existing water depths to ensure that a minimum of a one foot clearance is provided between the lowest member of a vessel (e.g. skegs, rudder, prop) and the bottom of the waterbody at mean or ordinary low water (-0.95 NGVD datum). Development Review Agenda - Thursday, August 3, 2006 - Page 38 13 . Pursuant to Section 3-601.C.3 Any multi-use dock with a deck area exceeding 500 square feet shall be treated as a commercial dock. All commercial docks shall be reviewed for compliance with the following criteria. Impacts on water quality: Explain how the dock will not effectively cause erosion, extraordinary storm drainage, shoaling of channels, or adversely affect the water quality presently existing in the area or limit progress that is being made toward improvement of water quality in the area in which the dock is proposed to be located. 14. Pursuant to Section 3-601.C.3 Any multi-use dock with a deck area exceeding 500 square feet shall be treated as a commercial dock. All commercial docks shall be reviewed for compliance with the following criteria. Impacts on natural resources: Explain how the dock will not have a material adverse impact upon the conservation of wildlife, marine life, and other natural resources, including beaches and shores, so as to be contrary to the public interest. 15 . Pursuant to Section 3-601.C.3 Any multi-use dock with a deck area exceeding 500 square feet shall be treated as a commercial dock. All commercial docks shall be reviewed for compliance with the following criteria. Impacts on natural resources: Explain how the dock will not have an adverse impact on vegetated areas; vegetative, terrestrial, or aquatic habitats critical to the support of listed species providing one or more of the requirements to sustain their existence, such as range, nesting or feeding grounds; habitats which display biological or physical attributes which would serve to make them rare within the confines of the city; designated preservation areas such as those identified in the comprehensive land use plan, national wildlife refuges, Florida outstanding waters or other designated preservation areas, and bird sanctuaries, 16. Pursuant to Section 3-601.C.3 Any multi-use dock with a deck area exceeding 500 square feet shall be treated as a commercial dock. All commercial docks shall be reviewed for compliance with the following criteria. Impacts on wetlands habitat/uplands: Explain how the dock will not have a material adverse affect upon the uplands surrounding. 17. How will handicapped access be provided to and from the multi-use dock system? Other: No Comments Notes: Development Review Agenda - Thursday, August 3, 2006 - Page 39 Schodtler, John From: Morris, William D. Sent: Friday, July 21, 2006 5:06 PM To: Schodtler, John Cc: Buysse, Beverly A.; Wells, Wayne Subject: RE: Case FLD2006-06037 300 Palm Bluff Street John the same comments apply to FLD2006-06038 300 Palm Bluff street, Bill M -----Original Message----- From: Morris, William D. Sent: Friday, July 21, 2006 4:59 PM To: Schodtler, John Cc: Buysse, Beverly A.; Wells, Wayne Subject: Case FLD2006-06037 300 Palm Bluff Street John, These are docks that due to the lack of adequate water depth the County more than likely directed they be put out the distance they are. As you look at the adjoining properties they are in keeping with the length and general character of existing permitted docks. The is no navigation issue with their length as the are well less than 25% the width of the waterway and while long in length are in very shallow water it is a waterway not usually transited unless you are coming in straight to these docks from the channel. I do not see any problem with these docks as proposed. This may be a "vista" Issue for an adjoining property, but they are in keeping with what is currently existing in adjoining properties if they have a dock. Bill M Division of Corporations • Page J of 2 f ? r lf'I ! fh'17,711TITt'17f orSiPlY T)it2P?it-i Public Inquiry Florida Limited Liability WISNE DEVELOPMENT, LLC PRINCIPAL ADDRESS 600 SAN MARCO DRIVE FORT LAUDERDALE FL 33301 MAILING ADDRESS 27145 SHERATON DRIVE NOVI MI 48377 Changed 07/18/2005 Document Number FEI Number Date Filed L04000029267 APPLIED 04/15/2004 State Status Effective Date FL ACTIVE 04/15/2004 Total Contribution 0.00 Reizistered Aiient Name & Address CAROLAN, J.P. III 390 N. ORANGE AVENUE, STE. 1500 ORLANDO FL 32801 Manager/Member Detail Ti l t e Name & Address WISNE, ALAN L 600 SAN MARCO DRIVE MGR FORT LAUDERDALE FL 33301 Annual Reports http://www. sunbiz.org/scripts/cordet.exe?a 1=DETFIL&n 1=LO4000029267&n2=NAMF... 10/30/2006 Division of Corporations Page 2 of 2 ? i Report Year II Filed Date 2005 07/18/2005 2006 01/06/2006 to List?Next Filing Previous Filing Return' No Events No Name History Information Document Images Listed below are the images available for this filing. 01 /06/2006 -- ANNUAL REPORT 07/18/2005 -- ANNUAL REPORT 04/15/2004 -- Florida Limited Liabilites THIS IS NOT OFFICIAL RECORD; SEE DOCUMENTS IF QUESTION OR CONFLICT Corporations Inquiry Corporations Help http://www. sunbiz.org/scripts/cordet.exe?a 1=DETFIL&n 1=LO4000029267&n2=NAMF... 10/30/2006 D2006-06038: 36 ? ?N '34 J Ili - ANU INDUSTRIES INC 8123 RIVER COUNTRY DR SPRING HILL FL 34607 - 2132 CARNEGIE, DANIEL C CARNEGIE, BRENDA K 1217 N OSCEOLA AVE CLEARWATER FL 33755 - 2439 FETROW, DENNIS J 304 BUNKERS COVE RD PANAMA CITY FL 32401 - 3912 JEDE CORP INC 2919 WEST BAY DR BELLEAIR BLUFFS FL 33770 - 2621 MALKA, DANIEL G YACOBI, ETSION 1313 N OSCEOLA CLEARWATER FL 33755 - 2442 North Greenwood Association, Inc Jonathon Wade 1201 Douglas Road Clearwater, FL 33755 POOK, PEACHES 234 DOLPHIN POINT RD # 1 CLEARWATER FL 33767 - 2110 RIHAN, VALERIA 407 ENGMAN ST CLEARWATER FIL 33755 - 2404 SCHOENHERR, KARIN 1217 SUNSET DR CLEARWATER FL 33755 - 2450 BERC, CAROL A THE 1100 OSCEOLA AVE N CLEARWATER FL 33755 - 3042 CARNEGIE, DANIEL C CARNEGIE, BRENDA K 4409 WORTHINGTON CIR PALM HARBOR FL 34685 - BLEASDALE, GE^R- E T 1216 N FORT HARRISON AVE CLEARWATER FL 33755 - 2416 Clearwater Neighborhoods Coalition Sondra Kerr, President P.O. Box 8204 1159 Clearwater, FL 33758 FITZGERALD, ANNA I MALKA, DANNY 1611 SUMMERDALE DR S CLEARWATER FL 33764 - 6501 LEE, ROBIN G 300 ENGMANN ST CLEARWATER FL 33755 - 2401 MALKA, DANIEL G YACOBI, ETSION 1613 N OSCEOLA CLEARWATER FL 33755 - 2448 Old Clearwater Bay Neighborhood Association Kathy Milam 828 Venetian Point Drive Clearwater, FL 33767 PRESIDIO PROPERTIES INC 300 N OSCEOLA AVE # 6B CLEARWATER FL 33755 - 3917 RUGO, RAFFAELE 304 SPRING CT CLEARWATER FL 33755 - 3055 Sherry Bagley, Woods Consulting 1714 Country Road 1, Suite 22 Dunedin, FL 34698 GUTHRIE, JOHN M 1302 SUNSET DR CLEARWATER FL 33755 - 2451 LEWIS, RONALD L THE LEWIS, STEPHANI K THE 1498 DE TRACEY ST SAN JOSE CA 95128 - 4442 MC D"OUGALL, JAMES 1 1213 N OSCEOLA AVE CLEARWATER FL 33755 - 2439 PANOUTSAKOS, EVANGELIA 1016 N FORT HARRISON AVE CLEARWATER FL 33755 - 3017 PURCELL, LEE H PURCELL, JANET L 1012 N OSCEOLA AVE CLEARWATER FL 33755 - 3064 RUGO, RAFFAELE 304 SPRING CT CLEARWATER FL 33755 - 3055 SHROCK, KARL M SHROCK, SHIRLEY S 308 ENGMAN ST CLEARWATER FL 33755 - 2400 SOAVE, CARLA L WARE, JOHN M WELLS, DEBORAH ROY, MICHAEL R 303 PALM BLUFF DR 1208 SUNSET DR PO BOX 2364 CLEARWATER FL 33757 - 2364 CLEARWATER FL 33755 - 3048 CLEARWATER FL 33755 - 2449 WELLS, DEBORAH 2919 WEST BAY DR BELLEAIR BLUFFS FL 33770 - 2621 WISNE DEV LLC YACOBI, EVA 3408 BEACON ST 404 PALM BLUFF ST POMPANO BEACH FL 33062 - 2923 CLEARWATER FL 33755 - 3049 • 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, January 16, 2007, 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'd from 12-19-06) New Horizons Properties, LLC and Affordable Dental, LLC (Mako Condominiums) are requesting Flexible Development approval to permit 11 attached dwellings within the Medium High Density Residential (MHDR) District / Island Estates Neighborhood Conservation Overlay District (IENCOD) with an increase to height from 30 ft to 46.2 ft (roof deck) with an additional 10.3 ft for a mechanical equipment enclosure, a reduction to the front (south) setback from 25 ft to 15.3 ft (to building) and zero ft (to pavement), a reduction to the rear (north) setback from 15 ft to zero feet (to pavement), a reduction to the side (east) setback from 10 ft to 5 ft (to building/pavement), and a reduction to the side (west) setback from 10 ft to 5 ft (to pavement) as a Residential Infill Project under the provisions of Sec. 2404.17 of the Community Development Code; and a reduction to the perimeter landscape buffer widths along the east and west sides of the property from 10 ft to 5 ft as part of a Comprehensive Landscape Plan under the provisions of Sec. 3-1202.G of the Community Development Code. (Proposed Use: Attached Dwellings [I I units]) at 240-250 Skiff Pt., Island Estates of Clearwater Unit 5-A, Lots 40 & 41. Assigned Planner: Robert G. Tefft, Planner III. FLD2006-07045 2. City of Clearwater and Florida Power are requesting to amend conditions of approval to revise the completion dates for the upgrading of existing paved and unpaved parking lots for Bright House Networks Field required under Case Numbers FLD2002-07021A and FLD2004- 07055 (approved by the Community Development Board on April 15, 2003, and October 19, 2004, respectively). (Proposed Use: Bright House Networks Field and Joe DiMaggio Complex.) at 601 Old Coachman Rd and 2450 Drew St, Sec. 07/29/16, M & Bs 41.01, 41.02 & 43.01 Assigned Planner: Wayne M. Wells, AICP, Planner III. FLD2002-07021B/FLD2004-07055A 3. Tropicana Resort Land Trust and Flamingo Bay Condo Developers LLC are requesting Flexible Development approval to permit a commercial dock in conjunction with existing hotels/motels at 300, 316 and 326 Hamden Dr. for 20 slips totaling 2,734 sq ft, under the provisions: of Sec.3-601.C.3. (Proposed Use: Commercial dock) at 3K-316 & 326 Hamden Dr,.. Columbia Sub No 3 Lots 1 & IA & RIP RTS and Blk A, Lot 3 of Columbia Sub Replat, Lots 2 & 2A, 3 & 3A Lots 4 & 4A & RIP RTS. Assigned Planner: Wayne.M. Wells, AICP, Planner III. FLD2006-10054 4. Marv G Realty, Inc (Gionis by the Sea) is requesting a Flexible Development approval to permit a mixed use (9 attached dwellings and 4,350 sq ft of retail floor area) in the Tourist District with a reduction to the front (east along Mandalay Ave) setback from 15 ft to zero feet (to building), reductions to the front (north along Baymont St) from 15 ft to 13 ft (to building) and from 15 ft to zero ft (to trash staging area), a reduction to the side (west) setback from 10 ft to 5.5 ft (to pavement), a reduction to the side (south) setback from 10 ft to 6 ft (to sidewalk), an increase to building height from 35 ft to 80.17 ft (to midpoint of pitched roof), a reduction to required parking from 40 spaces (22 spaces for retail sales; 18 spaces for attached dwellings) to 19 spaces and a deviation to allow the building within a sight visibility triangle, as a Comprehensive Infill Redevelopment Project, under the provisions of Sec. 2-803.C, and to eliminate the required foundation landscaping along Mandalay Ave and Baymont St, as a Comprehensive Landscape Program, under the provisions of Sec. 3-1202.G. (Proposed Use: Mixed Use [9 attached dwellings and 4,350 sq ft of retail floor area]) at 490 Mandalay Ave, Clearwater Beach Park, Lots 57-63 & part of lot 64. Assigned Planner: Wayne M. Wells, AICP, Planner III.. FLD2006-10057 5. United Dominion Realty Trust (Bay Cove) are requesting Flexible Development approval to redevelop an existing attached dwelling complex in the Medium High Density Residential District with a reduction from 2 parking spaces to 1.92 parking spaces (an increase from the existing 1.90 parking space), a reduction to the waterfront (east) setback from 25 ft to 8 feet (to stairwell/entryway), a reduction to the waterfront (east) setback from 15 ft to 2 feet (to sidewalk), a reduction to the side (north & south) setbacks from 10 ft to 5 feet (to existing parking/drive aisles), an increase in fence height from 3 ft to 6 ft, as a Residential Infill Project, per Sec. 2- 404.F. Also included is a reduction to an existing perimeter landscape buffer along the side (north and south) setbacks from 10 ft to 5 ft as a Comprehensive Landscape Program, per Sec 3- 1202.G. (Proposed Use: Attached Dwellings) at 19135 US Highway 19 N, Sec 20/29/16, M & B 23.04. Assigned Planner: John Schodtler, Planner II. FLD2006-09052 6. Rottlund Homes of Florida. Inc. is requesting Flexible Development application to construct a subdivision perimeter wall in the Low Density Residential (LDR) District with an increase to the maximum wall ht from 3 ft to 8 ft along the front (west) boundary and an increase to the maximum wall ht from 3 ft to 6 ft along the front (south) boundary of the subdivision, as a Residential Infill Project, pursuant to Sec. 2-103.B.. (Proposed Use: Detached Dwellings) at 26952 d Ave. S, Chautauqua, Sec A Unit 1, Blk 37, Lots 1-7, Lots 8-16 & Vac 80ft r/w lying E of Lots 15 & 16 & E of N '`/2, Sec 32/28/16, M & Bs 31.04 & 31.05. Assigned Planner: John Schodtler, Planner H. FLD2006-10056 7. Wisne Development, LLC. (Alan L. Wisne) are requesting Flexible Development approval to permit a 999 sq-ft multi-use dock with 6 slips for the residents of Palm Bluff Preserve subdivision, located in the Low Medium Density Residential District, with an increase to the maximum dock length from 139.9 ft to 187.2 ft, under the provisions of Sec. 3-601. (Proposed Use: Multi-use dock with 6 slips for 8 detached dwellings) at 1202 Sunset Dr., Palm Bluff Preserve Tract `B' Pool & Rec Area. Assigned Planner: John Schodtler, Planner II. FLD2006- 06038 8. Alice H & Ronald P Nisk, THE are requesting Flexible Development approval (1) 'to permit an automobile service station in the Commercial (C) District contiguous to a parcel of land zoned residential with a reduction to the front (south) setback from 25 ft to 15-49 ft (to air/vacuum pad), reductions to the front (west) setback from 25 ft to 15 ft (to pavement), reductions to the side (north) setback from 10 ft to 6 ft (to sidewalk), and to permit off-street parking in the Office (O) District with outdoor lighting remaining on from dusk to dawn with a reduction to the front (west) setback from 25 feet to 18 feet as a Comprehensive Infill Redevelopment Program under the provisions of Sec. 2-704.C; (2) to permit nonresidential off-street parking in the Low Medium Density Residential (LMDR) District with outdoor lighting remaining on from dusk to dawn as Residential Infill Project, under the provisions of Sec. 2-204.E; (3) to permit a wall 6 ft high in the front setback in the Office (O) District as a Comprehensive Infill Redevelopment Project • a F under the provisions of Sec. 2-1004.B.and (4) to permit a wall 6 ft high in the front setback in the Low Medium Density Residential (LMDR) District as a Residential Infill Project under the provisions of Sec. 2-204.E. (Related to ANX2006-10039). (Proposed Use: Automobile Service Station) at 205 N Belcher Rd., Temple Terrace, I" Add Blk D, Lots 1 & 2, Lot 30 & part of Lot 29 & Sec 07/29/16, M&B 33.12. Assigned Planner: A. Scott Kurleman, Planner H. FLD2006- 10058 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 Cynthia E. Goudeau, MMC Planning Director 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. To learn more about presenting to Clearwater boards and City Council, go to http://clearwater.granicus.comNiewPublisher.php?view id=11 and click on "Resident Engagement Video." You can also check the informational video out from any Clearwater public library. Ad: 01/04/07 ? ? 1 1 Y? c U?. -D e u F--L- ? -0 L Deri J ? C 0 s 5f-e 0- rI s J ? y S' eclaY (KA) „? VV. a ry\ v 0 \/\- RECEIV , 7 y JAN 17 2...: e-? ? - ! FUNNING pEPAFrE,.: • _. 1 Y11 1 //?` ? S E CITY OF CLE61RVYA7i_!? -- C-+ 6(A s 0 )(-wo ui a S IA 1) ? 0- 1f GLV?GL???? ? COK "L 0- &C) 0-k M--E) V\? a- ? i, v\, e- lie v- e- a -1 a ? a e- - a -::\7 o' e-, e C re-a-:?7? re-s a y COY r vv 2.- S e C t-C s S CA -d,-- Q S S Iti ©a ?-? ?? ?? S Imo. \A) I It 61? S 0 ?Ja 11CFS CL CS AA- I' S \"-e C?- -?D P?P- e- s . ~ aoo ~ 6 ~3~ ORIGINAL RECEIVED JllL 112006 " PIANNING DEPARTMENT RWATER SECTION 09, TWP. 29 S., RGE. 15 E. PINELLAS COUNTY, FLORIDA N N 3 - State Plane Coordinates W Desc: NW COR Nth: 1327275.63900 ~O Est: 399268.14300 J ~ ~ 00 W (D N. ~ ~z. O FND PCE I / D D SC NORTHWEST CORNER OF SEC. 9, TWP. 29 S., RGE. 15 E. CERT/F1ED CORNER RECORD D #072551 EEp eoo K1 GRAPHIC SCALE 385 60 0 30 60 120 , PAG E1 coMM g5 16 , ON A (NO 12 RFA (Ilt T ~ q N CT CC B) UpE I I I { IN FEET ) ~Or 8 NBO 07, u a a R 00 W 4 1 inch = 60 ft. M 00 S80• , OBE (D Stote Plane Coordinates v POB (Parcel 4) Desc: FOP 1 1/2" 0 NW CORNER Nth: 1325646.84889 l 1522, 9 LOT 17 Est: 398314.03187 f ''1 N J PF a 1503 , t PROPpgeD LOT UNF n v, , g p ( ~-o o.o~ EA v STE FOP 1 1/2" I a . ~ RL Y coM,u N ON A RE c~ ~h q ~r~ ,1$76'21 f(M) S1g• 1-~ pM'~pN ARFq (A?gCT "B) 2>'3g"E(M) vW,~u~Q 14g•23'(M) N8 O 0 010 ~ OW FOP 1 1T2"'`,,\\ 113,60' a° ~a~ ~ h Witness (C) 2 y ~ FOP 1 1/2 ~ ~ PROPa~ ~ 5,~~) /h DoT --7_ ~ DoT ~ a 'ROPp~ 7Q ~o I $ ~F P 1 1/2" ~ I D Lpt UN~ J`~ •.f~ Z at UN~ ~D5 4$, ~ ~ Il Or ~ PgR~E~ P a ROr Z ~N RECREpTjO LOT 2 ~ 1 j CEO s AREA N Q ~ N 3 ~ (r~gcr N N N WES ~RL LEGAL DESCRIPTION 1'(D c~ 1,. a a ~ o, / Q m l ai o LOTS 10 11 12 13 14 15 16 18 AND THE SOUTH 5.00 FEET OF LOT 17 PALM BLUFF ACCORDING TO THE MAP N ~ ~ ; ~ N , F OR PLAT THEREOF, AS RECORDED IN PLAT BOOK 5, PAGE 14, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, ~ ~ $ ~ m 2 FLORIDA, TOGETHER WITH ANY AND ALL RIPARIAN AND LITTORAL RIGHTS THEREUNTO APPERTAINING. o 0 ~45~~0) Lor ~ SOT s ~ " ~ ~ ° ~ . - 1' ~ LOT 5 LOt 4 t0T' 3 ~ ~ v N _ , TOGETHER WITH "PARCEL 3" BEING DESCRIBED AS FOLLOWS: - ~ - o o _ FlR-1~2^._ _ _ ~ ~ ^ - W z 2 4? Z POB (Parcel 3) ~ I BEGINNING AT THE SOUTHWEST CORNER OF LOT 10 OF PALM BLUFF, ACCORDING TO THE MAP OR PLAT THEREOF SW CORNER ~ _ N8p4S'03"w(M) V RECORDED IN PLAT BOOK 5, PAGE 14, PINELLAS COUNTY RECORDS, SAME BEING AT AVERAGE HIGH WATER LINE LOT 10 p _ 0 CLEARWATER BAY; THENCE WESTERLY 705 FEET ON' AND ALONG THE PROJECTED SOUTH LINE OF SAID LOT 10' C ~ _ ~ U ~ - 329, 5g f M j ~ Nso~oo oo"E a THENCE IN A NORTHERLY COURSE TO A POINT OPPOSITE TO AND PARALLEL WITH THE PROJECTED NORTH LINE OF THE SOUTH 38.3 FEET OF LOT 11 OF SAID SUBDIVISION; THENCE EASTERLY 705 FEET TO THE NORTHWEST CORNER OF SAID 38.3 FEET OF LOT 11, SAME BEING AT THE AVERAGE HIGH WATER LINE OF CLEARWATER BAY; THENCE IN ( 5~ ~ ~ 3 ~N A SOUTHERLY COURSE ALONG AVERAGE HIGH WATER LINE TO A POINT OF BEGINNING; ALL LYING AND BEING IN ~i ~ ~o SECTION 9, TOWNSHIP 29 SOUTH, RANGE 15 EAST, COUNTY OF PINELLAS, STATE OF FLORIDA. 0 State Plane Coordinates TOGETHER WITH "PARCEL 4" BEING DESCRIBED AS FOLLOWS: Desc.' FOP 1 1/2" FND R, R. SPIKE Nth: 1325437.57853 Est: 398254.15210 EAST 1/4 CORNER OF FROM THE SOUTHEAST CORNER OF GOVERNMENT LOT 2, SECTION 9, TOWNSHIP 29 SOUTH, RANGE 15 EAST, RUN SEC. 9, TWP. 29 S„ RGE. 15 E. CERTIFIED CORNER RECORD NORTH 830.4 FEET ALONG THE EAST LINE OF SAID SECTION 9; THENCE N79°00'W, 1323.96 FEET TO POINT OF #081927 BEGINNING; SAME BEING AT NORTHWEST CORNER OF LOT 17, PALM BLUFF AND AVERAGE HIGH WATER LINE OF CLEARWATER BAY• THENCE N79'00'W 1612.7 FEET TO EAST SIDE OF CHANNEL• THENCE S21'13'E 184.2 FEET' THENCE S80'07'E, 1503.9 FEET TO THE SOUTHWEST CORNER OF PROPERTY FORMERLY OWNED BY A. A. LINCOLN AND WILLIAM P. RICHARDS, SAME BEING AT AVERAGE HIGH WATER LINE, CLEARWATER BAY; THENCE N15'54'E 127 FEET TO POINT OF BEGINNING, ALL LYING AND BEING IN SECTION 9, TOWNSHIP 29 SOUTH, RANGE 15 EAST, PINELLAS COUNTY, FLORIDA. LESS THAT PART THEREOF CONVEYED BY WARRANTY DEED RECORDED IN DEED BOOK 1385, PAGE 195, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA. NOTES: 1. STATE PLANE COORDINA' COORDINATES ON THIS DRAWING ARE BASED ON NAD 1983/90 IN THE State Plane Coordinates FLORIDA WEST ZONE AN[ ~T ZONE AND ORIGINATE FROM HORIZONTAL CONTROL MARK PCDSM GPS 68 Desc: E QUARTER COR WITH VALUES PROVIDED PROVIDED BY THE NATIONAL GEODETIC SURVEY. Nth; 1324621.91000 2. FIELD OBSERVATIONS WEI NATIONS WERE MADE BY "SOKKIA STRATUS" RECEIVERS AND THE RESULTING Est: 399255.08000 DATA WAS ADJUSTED US ~DJUSTED USING "SOKKIA SPECTRUM 3.3" SOFTWARE. 3. LOT LINES SHOWN OVER -TOWN OVER PARCELS 3 & 4 REPRESENT PROPOSED LOT LINES AS PER "A REPEAT OF PALM BLL )F PALM BLUFF PRESERVE", WHICH IS NOT YET RECORDED AS PER THE DATE OF THIS SPECIAL I IS SPECIAL PURPOSE SURVEY. SYMBOL LEGEND P.O.C. =Point of Commencement F.I.R. =Found Iron Rod & Cap D/W =Driveway P.O.B. =Point of Beginning F.P.P. =Found Pinched Pipe M.O.L. =More or Less ~ =Water Meter (D =Data per Description F.O.P. =Found Open Pipe 8c Cap =Plus or Minus (more or less) ~ =Fire Hydrant (M =Measured Data P.C.P. =Permanent Control Point Ac, =Acres } =Utility Pole (C =Calculated Data F.C.M. =Found Concrete Monument C.P.B. =Condominium Plat Book =Guy Anchor PG. s =Page (s) S.I.R. =Set Iron & Cap L.S. # 2865 D.B. =Deed Book pd =Water Valve ( 0.. =Official Record Book LB =Corporate Certificate Number PP =POWER POLE -Q- =Sign P.B. =Plat Book P,L.S. =Professional Land Surveyor WV =Water Valve S = Sanitar Manhole SSMH = S niter ~ y {R) -Radial Line & Direction C.S. =Concrete Slab a y Sewer Manhole = FPMH =Florida Power Co. Manhole QD =Storm Manhole R =Radius CONC. Concrete 6 =Delta An le S/W =Sidewalk Pkg. =Parking QG =Grease Trap = g = L P = Li ht Pale = Li ht ole C Top of Curb ~ Centerline / 9 ~ 9 P OHW =Overhead Wires I, DENNIS J. EYRE, THE SURVEYOR IN RESPONSIBLE CHARGE, HEREBY E =Edge of Pavement R/W =Right-of-Way ® =Well ARGE, HEREBY CERTIFY THAT ADD PLAT LOlS• July 10, 2006 CIP =Cast Iron Pipe N C = No Ca FHA =Fire Hydrant Assembly - THE SURVEY REPRESENTED HEREON AND THAT SAID ABOVE GROUND / P LA _ ~ -Centerline ARE ACCURATE TO THE BEST OF MY KNOWLEDGE AND BELIEF. I FUR 30VE GROUND SURVEY AND SKETCH STA7F PLANE C40RDS.• October 6, 2004 SMH =Storm Sewer Manhole C.B.S. =Concrete Block Structure -Landscape Area _ _ C/C =Covered Concrete =Handicap THAT THIS SURVEY MEETS THE MINIMUM TECHNICAL STANDARDS IN SE BELIEF. I FURTHER CERTIFY ununES' September 13, 2004 ANDARDS IN SECTtO `~47~+,p~7, PARCELS 3&4: September 13, 2004 M.E.S. -Mitered End Section G.E. -Grate Elevation EI = lev ~ FLORIDA STATUTES (OR RULE CHAPTER 61G17--6..., F.A.C.) SURVEY ,A.C.) SURVE~„NbT~V?~Llr~ TREE CANOPIES• August 16, 2004 , T.0.6. =Top of Bank GJ, =Grate Inlet - E anon ~ =Floodlight UN S CMP -Corrugated Metal Pipe LE S SEALED WITH AN EMBOSSED SEAL. T.O.S. =Toe of Slope LE. =Invert Elevation _ ti ~'f ORAWNBY C.W.~J.V.E.~J.S.B. CONTOURS& 4YELL; June 15, 2004 GE~DATA SERVICES ING. ~ S UPDATE.' Moy 2D, 2004 ) R[`P - Qcln fnrncrl rnnnrn~c pine _ ~ ~ ~ - nd 7T• dnril. 19 ~n~n a n r n r. n r ~ ~ , n r ~ , , , n G = Gutter WM = Water Meter - " F" GV = Gate Valve S m ME 0-- A. CHECKED BY. SCALE. 1" = 60' CLEARWATER, FL 33765 tk' ENNIS ~J.RE, P.L.. R RE%'(IR~. 28jg••`lPHONE: (727) 734-0929 006 F f~~ •~1~,; JOB NO.: 2630 SHEET I of 1 LB 7466 DA TE: 10 2006 % o y > f~ w lot