The URL can be used to link to this page

FLS2007-09044FLS2007-09044. 61 BRIGHTWATER DR UNITS ISLAND TOWNHOMES PLANNER OF RECORD: NOT ENTERED ATLAS # 276A ZONING: T LAND USE: RFH RECEIVED: 09/04/2007 INCOMPLETE: COMPLETE: MAPS: PHOTOS: STAFF REPORT: DRC : CDB: CLWCoverSheet FROM : rwater I- FAX NO. :7275624865 Planning Department 100 South Myrtle Avenue Clearwater, Florida 33756 Telephone: 727.5624567 Fax: 727- 562 -4865 U SUBMIT ORIGINAL SIGNED AND NOTARIZED APPLICATION ❑ SUBMIT 14 COPIES OF THE ORIGINAL APPLICATION -Plans and application are required to be collated, stapled, and folded into sets o� SUBMIT APPLICATION FEE $ GI S `p.. 04 2007 11:06AM P2 CASE #: _ RECEIVED BY (staff initials): DATE RECEIVED: —•„ �„ ORIGINAL RECEIVED SEP 0 4 2007 PLANNING DEPARTMENT CffOF CLEARWATER * NOTE: 15 TOTAL SETS OF INFORMATION REQUIRED (APPLICATIONS PLUS SITE PLAN SETS) FLEXIBLE STANDARD DEVELOPMENT APPLICATION (Revised 10/30 /2006) - ,P1.FA,S.R TYPE OR PRINT- A. APPLICANT, PROPERTY OWNER AND AGENT INFORMATION: (Code Section 4- 202.A) APPLICANT NAME: L�P.e- C-01 ' LYL U%`'�t�pyV,Q� MAILING ADDRESS: L(o._L— _l�7.1_... _Ltitr.'`4- fir..._.__ y'! _.__-.'.._.._._.__' ._.._..._�.__._ ................ ......_.,,. PHONE NUMBER; 17-7 - L) N L — $ 3 a1 FAX NUMBER: PROPERTY OWNER(S): List ALL bwners on the deed -::� G . AGENT NAME: 6VN .......... MAILING ADDRESS; PHONE NUMBER: -7Z7—(, g 3 O �— FAX NUM�PFi: Z^1 "ql - 6 36 1 CELL NUMBER: .... _S �_...._..- ..... 9 0 E -MAIL ADDRESS: B. PROPOSED DEVELOPMENT INFORMATION: (Code Section 4- 202.A) PROJECT NAME: PROJECT VALUATION: $ 1 5 /x1. 0 T L�,.Y�t-a�.. *LS STREET ADDRESS PARCEL NUMBER($), o gL t �1 . b �- co a /' /0 / jv .1.691 ,,.,,.,...,Lr...._..._ %y �S r PARCEL SIZE (acres): Y -7 PARCE SIZE (square feet): 20 m.,- . ..,..,,....• ................... _. ., - _ - .,.,,,.. LEGAL DESCRIPTION: . ... ..-. ...... ...,.,..,..,, . ss ��..... ...Z_.................... a ... ...... _ ............. PROPOSED USE(S): DESCRIPTION OF REQUEST: Specifically identify the request ! -- (Include number of units or square footage of non - residential use and all�yt — .fin•.... ,,,,_, A'r -G.� . -., -_. requested code devlaflons: o.g_ reduction In requirr rl number of -- �, .1 . ✓.,.. _,. - -� /l I✓► 6FL^1 _.... -._...__...._._._ ... ............................... C:ww ntenis anti SettinowerovargnanpV nrnl 1Wfng .Vfnmpnmry Intam t rilaa%OLUBSTImible Slantiertl DuytAuprfrent (FLS) 2006AW, Prq,,z 1 of 7 FROM : FAX NO. :7275624865 .1 �p. 04 2007 11:07AM P3 ORIGINAL RECEIVED SEP04 ZUUI_ DOES THIS APPLICATION INVOLVE THE TRANSFER OF DEVELOPMENT RIGHTS (TDR),A TEVIOUSLY APPROVED %,Itfi L6 �AR I DEVELOPMENT, OR A PREVIOUSLY APPROVED (CERTIFIED) SITE PLAN? YES _ NO--)Qif yes, attRoh H copy of thd C. PROOF OF OWNERSHIP: (Code Section 4-202.A-S) 9k SUBMIT A COPY OF THE TITLE INSURANCE POLICY, DEED TO THE PROPERTY OR SIGN Arr-IDAVIT ATTESTING OWNERSHIP (see page 7) D. WRITTEN SUBMITTAL REQUIREMENTS: (Code Section 3.913.A) dProvidv completo responses to the six (6) GENERAL APPLICABILITY CRITERIA - Explain how each criteria Is achieved, in detail: i. The proposed development of the land will bf§ in harmony wlih the scale, bulk, coverage, density and character of adjacent properties in which It Is located. ---2A 4- 0-ve 41124011z� C-4z- a r 1-2,19 -. ba 2. The proposed development will not hinder or discourage the appropriate development and use of adjacent land and buildings or significantly Impair the value thereof. 3. The proposed development will not adversely affect the health or safety or parsons residing or working in the neighborhood of the proposed uso. 77)L .0evW,- Lteid yw--(- AA-oy--' —4-11 6c._. 4. The proposed development is designed to minimize traffic congestion. WIN t------ 91�6-r ............ 4 5, The proposed dAvolopmant Is consistent with the community 0110rAoter of the Immediate vicinity of the parcel proposed for development. 6. The design of the proposed development minimizes adverse effects, including visual, acotistIc and olfactory and hours of operation impacts, on adjaE:ant properties. . ......... . ..... ... . KkA_-try A'C 'e _ LJO A_ GADr rnaida ivid Wtln%8WK0KfKq'1-;0nkLnwl SntfingnW=pomry Inkomot FilazOLK30SAFluxibla Standard DevelOPMAnt (H-S) WMAM Paeo 2 of 7 Wayne Wells City of Clearwater ORIGINAL RECEIVED SEP 0 4 2007 PLANNING DEPARTMENT CITY OF CLEARWATER Re: Island Townhomes: 161 Brightwater Drive 9/04/07 Mr. Wells, Attached is the application for the Level 1 approval for the above referenced project. If you need anything else please contact me @ 638 -3907. As you are aware the project is completed so I have briefly overviewed items D 1 -6 on the attached application. I have enclosed the most recent survey, elevation certificate, deed. All improvements have been completed as approved via the Development Order dated 1 -28 -2003 and subsequent approvals for the docks and pool. The request is to allow the existing units to be used for Timeshare use. This use is allowed for under current Tourist zoning and "Beach by Design" in the "Small Hotel District ". Per your request the following overviews item J; 1 -6 as it applies to Overnight Accommodations. Location: 161 Brightwater Drive, Clearwater Beach, F133767 Height: Structure Height: 3 Story Townhome, Aprox. 40ft. Signs: All future signage, if any, will comply with all required codes Setbacks: All setbacks meet all minimum allowable standards, and have created an attractive development. Design: The newly completed structure complies with all Tourist Guidelines stated in Division 5 Article 3. Lot Width: 180 feet, exceeds minimum standard As to any additional services required, a licensed management company will provide for the management of the association as well as provide check in/out, maid service, maintenance and other related operational procedures. Due to the size of the units and garage areas, all cleaning equipment and supplies will be housed in each unit. Each unit is fully furnished with washer dryer facilities. The will. be no adverse impact to the surrounding buildings and or level of service on Brightwater drive, due to existing parking and internal unit storage areas. This use will provide for a "Second Home" at a more affordable price to the general public and enhance Tourist development for Clearwater Beach. cerely, Ron Augustine Clearwater Townhomes Inc. FROM FAX NO. :7275624865 P. 04 2007 11:07AM P4 ORIGINAL RECEIVED SEP 0 4 2007 WRITTEN SUBMITTAL REQUIREMENTS: (Flexibility Criteria) PLANNING DEPAR EN' ❑ Provide complete responses to the applicable Flexibility critorla for the specific Use as listed in each Zoning District to w(* QWWAI ER requested (use separate sheets as necessary) — Explain how each criteria is achieved, in detail.. STORMWATER PLAN SUBMITT Manual and 4.202.A.21) NTS: (City of Clearwater Storm Drainage Design Criteria O A STORMWATER NARRATIVE MUST BE SUBMITTED WITH ALL APPLICATIONS. All applications that involve addition or rnodifuoation of impervious surface, Including buildings, must Include a stormwater plan that demonstrates compliance with the City of Clearwater Storm Orainap Design Criteria manual. A reduction In Impervious surface area does not qualify as an exemption to this requirement. ❑ If a plan is not required, the narrative shall provide an explanation as to why the site is exempt. ❑ At a minimum, the STORMWATER PI -AN shall include the rollowing; W Existing topography extending 50 feet beyond all property lines; ❑ Proposed grading including finished floor elevations of all structures; ❑ All adjacent alreets and municipal storm systems; V Proposed stormwater detentiontretention area including top of bank, toe of slope and outlet control atn,oture; ❑ A narrative describing the proposed stormwater control plan Including all calculations and data necessary to demonstrate compliance with the City manual_ ❑ Proposed stormwator dotentionlretention area including top of bank, toe of slope and outlot control structure; to Signature and seal of Florida Registered Profeseional Engineer on all plans and calculations. ❑ COPY OF PERMIT INQUIRY I.,FTTFR OR SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT (SWFWMD) PERMIT SUBMITTAL (SWFWMD approval is required prior to issuance of City Building Permit), if applicable ❑ ACKNOWLEDGEMENT OF STORMWATER PLAN REQUIREMENTS (Applicant must initial one of the following): Stormwater plan as noted above is included Stormweter plan is not required and explanation narrative is attached. Al a minimum, a grading plan and fInIshed floor elevations shall be provided, CAUTION — IF APPLICATION REVIEW RESULTS IN THE REQUIREMENT FOR A STORMWATER PLAN AND NONE HAS BEEN SUBMITTED, APPLICATION MUST BE RESUBMITTED AND SIGNIFICANT DELAY MAY OCCUR. If you have questions regarding these requirements, contact the City Public Works Administration Engineerinn Department at (77.7) 562 -4750. F. SUPPLEMENTAL SUBMITTAL REQUIREMENTS: (Code Section 4- 202.A) U SIGNED AND SEALED SURVEY (including legal deswiptinn of property) — One original and 14 copies; C1 TREE SURVEY (including existing trees on site and within 25' ur It',e adjacent site, by gperles, size (DBH 4" or greater), and location, Including drip lines and indicating tress to be removed) — pleaso design around the existing trees; ❑ TREE INVENTORY; prepared by a "certified arborist", of all trees 4" DBH or greater, rellacting size, canopy (drip lines) and condition of such trees; ❑ LOCATION MAP OF THE PROPERTY; ❑ PARKING DEMAND STUDY In conjunction with a request to make deviations to the parking standards (la. Reduce number of spaces). Prior to the submittal of this application, the methodology of such study shall be approved by the Community Dovoloprnent 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; U GRADING PLAN, as applicable; ❑ PRELIMINARY PLAT, as required (Note: Building permits will not he Issued until evidence of recording a final plat is provided); q cot?Y. OF RECORDED PLAT,.as- applicable;. aA�11111 Gi %R'r- .bi. siaiide` eu�avevewavrrr�rt (r i ) * ,r fns t ^'.a.. i i j FROM FAX NO. :7275624865 p. 04 2007 11 :08AM P5 G. SITE PLAN SUBMITTAL REQUIREMENTS: (Section 4- 202.A) ❑ SITP PLAN with the following information (not to exceed 24"x 35 "): ORIGINAL Index sheet referencing individual sheets included in package; RECEIVED North arrow; c q Engineering bar scale (minimum 90010 one Inch equals 50 real), and date prepared; SEP ®4 2001 All dimensions; - -.._. PLANNING DEPARTMENT _ Footprint and size of all EXISTING buildings and structures; CITY OF CLEARWATER 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 mosses, 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 silo; Location of existing public and private utilities, including fire hydrants, storm and sanitary sewer lines, manholes and lift stations, gas _ and water lines; All parking spaces, driveways, loading areas and vehicular use areas; Depiction by shading or crosshatching of all required parking lot Interior landscaped areas; Location of all solid waste containers, recycling or trash handling areas end outside mechanical equipment and all required screening _r— (per Section 3- 201(D)(i) and Index #701); Location of all landscape material; L.ocatlon of all onsite and offslte storm-water manag0ment facllltles; Location of all outdoor Ilghting fixtures; and I "oC.lition of 911 exlsting and proposed sidewalks, ❑ SITE DATA TABLE for existing, required, and proposed development, in wntton/tabular form; EXISTING REQUIRED PROPOSED Land area in square feet and acres; Number or EXISTING dwelling units; _ Number of PROPOSED dwelling units; Gross floor area devoted to each use; Parking sparea: total number, presontod In tabular form with the number of required spaces; Total paved area, including all paved parking spaces & driveways, expressed in square feel & pareentago of the paved vehicular area; Offlcial 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. Cl REDUCED COLOR SITE PLAN to scale (8'/: X 11); U FOR DEVELOPMENTS OVER ONE ACRE, provide the following addltlonal Information on site plan, One -foot contours or spot elevations on site; Offsite elevations if required to evaluate the proposed stormwater managemant 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 setbAnk0 (dimensioned); at1.uetnr@J1 ov@rhsng$,;. nc�T a pI pp� K't[�yy. Imabla Sbt d, rd Develapmmlll CX31l1goarnnpManrd 9rM R.lk _ atL�6% f5 ldil)i . ,. 'fl? rF7 lr� 1: i!it z,hlu Sbindard Develapimd Ho t, a' C° FROM : FAX NO. :7275624865 p. 04 2007 11:08AM P6 H. LANDSCAPING PLAN SUBMITTAL REQUIREMENTS: (Section 4- 1102.A) ORIGINAL ❑ LANDSCAPE PLAN with the following information (not to exceed 24° x 3F "); RECEIVED �! All existing and proposed strictures; SEp 0 4 2007 Names of Abutting streets; Drainage and retention areas including swales, side elopes And bottom elevations; PLANNING DEPARTMENT Delineation and dimensions of all required perimeter landscape buffem; CITY OF CLEARWATER Sight visibility trignglas; _ Delineation and dimensions of all parking areas Including landscaping iRlands and curbing; - Existing trees on -site and immediately adjacent to the site, by species, size and locations, including driplines (as Indicated on required _ tree survey); _ Location, size, and quantitles of all existing and proposed landscape materials, indicated by a key relating to the plant schedule; Plant schedule with a key (symbol or label) indicating the size, description, specifications, quantities, and spacing requirements of all existing and proposed landscape materials, including botanical and common names; - ^ Typicai planting details for trees, palms, shrubs and ground cower plants including Instructions, soil mixes, backfllling, mulching and protective measures; Interior landscaping areas hatched and /or ehadad and labeled and Interior landscape coverage, expressing In both square feet anti percentage covered; Conditions of a previous development approval (o.g. conditions imposed by the Community Development Board); Irrigation notes. ❑ REDUCED COLOR LANDSCAPE PLAN to scale (8 Yv. X 11); U COMPREHENSIVE LANDSCAPE PROGRAM application, as applicabla. Landscape associated with the Comprehanaiva Landscape Program shall exceed minimum Code requirements to offset the areas where minimum Code will not be met. I. BUILDING ELEVATION PLAN SUBMITTAL REQUIREMENTS. (Section 4- 202.A.23) ❑ BUILDING ELEVATION DRAWINGS - with the following information: All sides of all buildings; Dimensions; Colors (provide one full sized set of tn1orad elevations): and Materials, ❑ RFOLICED BUILDING ELEVATIONS - same as above to scale on 8 '/� X 11. J. SIGNAGE: (Division 19. SIGNS /Section 3 -1806) 0 All EXISTING freestanding and attached signs; Provide photographs and dimensions (area, height, etc.), indicate whether they will be removed or to remain. t:l All PROPOSED freestanding and attached signs; Provide details including locatinn, sizo, height, colors, materials and drawing; freestanding signs shall Include the street address (numorals) ❑ Comprehensive Sign Program application, as applicable (sepArAte application and foe required), U Reduced signage proposal (8 % X 11) (color), if submitting Comprehensive Sign Program application. tN" m-p--ftta°dbin stmdni M"rfR-0 IF") IMAIM Page Sof7 FROM : FAX NO. :7275624865 p. 04 2007 11:08AM P7 ORIGINAL RECEIVED K. TRAFFIC IMPACT STUDY: (Section 4- 202.A.13 and 4 -801.C) SEP 0 4 2007 Lt Include If required by the Traffic Operations Manager or his /her designee or if the proposed development: PLANNING DEPARTMENT ■ Will degrade the acceptable level of awivice for any roadway as Adopted in the Comprehensive plan. CITY OF CLEARWATER • Will generate 100 or more new vehicle directional hips per hour and /or 1000 or more new vehicle trips per day, Will affect a nearby roadway segment and/or intersection with live (5) reportable accidents within the prior twelve (12) month period or that is on the City's annual list of most hazardous Intersections. Trip generation shall be based on the most nwcant edition of the Institute of Transportation Engineer's (17E) Trip General Manual. The Traffic Impact Study must be prepared in accordance with a °Smpinq Meeting" held with the Traffic., Operations Manager and tie Planning Dapartment's Development Review Manager or their designee (727 - 5624750) Refer to Section 4801 C of the Community Development Code for exceptions to Ihls requirement. U Acknowledgement of traffic impact study requirements (Applicant must initial one of the following): Traffic Impact Study is included. The study must include a summary table of pre- and post - development levels of service for all roadway legs and ean75 turning movement at all intersections Identified In the Scoping M6etirig. Traffic Impact Study Is not required. CAUTION — IF APPLICATION REVIEW RESULTS IN THE REQUIREMENT FOR A TRAFFIC IMPACT STUDY AND NONE WAS BEEN SUBMITTED, APPLICATION MUST BE RESUBMITTED AND SIGNIFICANT DELAY MAY OCCUR. If you have questions regarding these requirements, contact the City Public Works Administration Engineering Department at (727) 562- 4750. L, FIRE FLOW CALCULATIONS( WATER STUDY: Provide Fire Flow Calculations. Water Study by a FIRE PROTECTION ENGINEER to Assure an adequate water supply is available and to determine If any upgrades are required by the developer due to the Impact of this projecL The water supply must be Able to support the needs of any required fire sprinkler, standpipe and /or fire pump. If a fire pump Is required the water supply must be able to supply 150 °,f, or its rated capacity. Compliance with the 2004 Florida Fire Prevention Code to include NFPA 13, MFPA 14, NFPA 20, NFPA 251, and MFPA 1142 (Annex H) is required. O Acknowledgement of fire flow calculations /water study requirements (Applicant must initial ona of the following): Fire Flow CaldulationsMater Study is included. Fire Flow CalculatIons/Water Study is not required_ CAUTION -- IF APPLICATION REVIEW RESULTS IN THE REQUIREMENT FOR A FIRE FLOW CALCULATIONS/ WATER STUDY AND NONE WAS BEEN SUBMITTED, APPLICATION MUST BE RESUBMITTED AND SIGNIFICANT DELAY MAY OCCUR. If you have questions regarding these requirements, contact the City Eire Prevention Department at (727) 562 -4334. M. SIGNATURE: I, the undersigned, acknowledge that all representations made In this application are true and accurate to the best of illy knowledga and authorize City representatives to visit and photograph the property des bed this a ' .aticNt. Signature of property STATE OF FLORIDA, COUNTY OF PINELL/y 5 rn to and subscribed before me this ay of A.D. to a anrllor by fi pgrsonally kno rodured _... as ntlficatlan I ,.... .. _......._._. . ..,......,,...._ ........ ............_.._..._........... ry public, My commission expires: c:1Dw..,w,ts and ;xshinpclTenip—Y Ihlernet F#RW)t.K' Ke"" MMISSION # DD 409645 Pagc G of 7 PIRES: July 16, 2009 Thn, Notary Public Underwriters FROM : FAX NO. :7275624865 ?. 04 2007 11:08AM 1`13 ORIGINAL ',).FCEIVED N. AFFIDAVIT TO AUTHORIZE AGENT: SEP 0 4 2007 1. Provide names of all property owners on deed - PRINT full names: PLANNING LAPARTMENT CITY OF CLEARWATER 2. That (I am/we are) the owner(a) and record t1fle hoider(s) of the following dasc4lbed property (address or general location): law 5 -7, 6, 3. That this property constitutes the property for which a request for a; (describe request) .... . ..... .......... 4. Th 7znderRi'gned (has/have) aAlintedand ( does/do2 ) appoint: (does /dc) 0 7 1 . .. ... .... as (his/their) agarit(s) tu execute any Petitions or othor document, necessary to affect such petition; 5. That this affidavit has been executed to Induce the City of Clearwater, Florida to consider and act on the above described property: S. That site visits to the property are necessary by City reprosentatvos in order to provess this application and the owner authorizes City representatives to visit and photograph the property described in this application: 7. That (1/wo), the undersigned authority, hereby cartiry that the foregoing is true and correct. Property Owner .......... Property Owner OF FLORIDA, Y OF PINELLAS Before mo the undersigned, an officer duly commissioned by the laws of the 5tata of Florida, on this day of personally appeared who having been first duly sworn Deposes and says that he/she fully understands the contents of the affidavit that ha /she signed. RONALD M. AOGUSTINE MY COMMISSION # DO 409645 EXPIRES: July 16, 2009 B-ded Thru NoWry PuWlc Unclerwritem , I Notary Public Signature Notary Seal /Stamp My Commission Expireu; __,-7 — 't (z, - 0 '1 --------- - 20MAUD att -W A)4'177 ORIGINAL RECEIVED SEP 0 6 2007 PLANNING DEPARTMENT Wayne Wells CITY OF CLEARwnT9R City of Clearwater Planning Department Re: Island Townhomes: 161 Brightwater Drive 9/06/07 FLS 2007 -09044 Mr. Wells, As per your request dated 9 -05 -07 enclosed is the letter of authorization from Clearwater Townhomes Inc, I have also attached the State Corporate Registration that reflects Angelika Marcordes as the President, Director, Secretary and Treasurer for Clearwater Townhomes Inc. We are only representing units 6,7,8,9,10, these units are owned by Clearwater Townhomes Inc., I should have made that clear in my initial submission. Thank you for your personal attention to this matter. cerely, Ron Augustin Clearwater Townhomes Inc. ORIGINAL RECEIVED SEP 06 2007 PLANNING DEPARTMENT CITY OF CLEARWATER I Angelika Marcordes with this document am giving permission to release documents and information to undersigned agents of Endeavor of Clearwater. Clearwater Island Town Homes Inc. Angelika Marcordes 7-�ca? registered agents. Icon Augustine www.sunbiz.org - Departmen* `State Page 1 of 2 Home Contact Us E- Filing Services Document Searches Forms Help Previous on List Next on List Return To List No Events No Name History Entity Name Searc Detail by Entity Name Florida Profit Corporation CLEARWATER TOWNHOMES, INC. Filing Information Document Number P02000130376 FEI Number 510439006 Date Filed 12/10/2002 State FL Status ACTIVE Principal Address 321 CORONADO DRIVE CLEARWATER FL 33767 Changed 07/05/2006 Mailing Address 321 CORONADO DRIVE CLEARWATER FL 33767 Changed 07/05/2006 Reaistered Aaent Name & Address SMELTZ, ED 2840 WESTBAY DR #203 BELLEAIR BLUFFS FL 33770 US Name Changed: 08/13/2007 Address Changed: 08/13/2007 Officer /Director Detail Name $ Address Title P MARCORDES, ANGELIKA C/O 321 CORONADO DRIVE CLEARWATER FL 33767 Title D ORIGINAL RECEIVED SEP 0 6 2007 PLANNING DEPARTMENT CITY OF CLEARWATER http: / / www.sunbiz.org/ scripts /cordet.exe ?action= DETFIL &inq doc number--P0200013037... 9/5/2007 www.sunbiz.org - Department `State MARCORDES, ANGELIKA C/O 321 CORONADO DRIVE CLEARWATER FL 33767 Title S T MARCORDES, ANGELIKA C/O 321 CORONADO DRIVE CLEARWATER FL 33767 Annual Reports Report Year Filed Date 2006 04/28/2006 2006 07/05/2006 2007 02/05/2007 Document Images 08/13/2007 -- Reg. Agent Chance 02/05/2007 -- ANNUAL REPORT 07/05/2006 -- ANNUAL REPORT 04/28/2006 -- ANNUAL REPORT 04/28/2005 ANNUAL REPORT 02/20/2004 -- ANNUAL REPORT 03/24/2003 -- ANNUAL REPORT 12/10/2002 -- Domestic Profit Note: This is not official record. See documents if question or conflict. Page 2 of 2 Ski' 0 6 2007 PLANNING DEPARTMENT CITY OF CLEARWATER Home Contact us Document Searches E- Filing Services Forms Help Copyright and Privacy Policies Copyright © 2007 State of Florida, Department of State. http: / / www.sunbiz.org/ scripts /cordbt.exe ?action= DETFIL &inq doc number= P0200013037... 9/5/2007 ORIGINAL PECENED 0 4 2007 :JMENT WATER U.S. DEPARTMENT OF HOMELAND SECURITY = LE��T! ©i!� CERTIFICATE F�EXDires MB No. 1660 -0008 Federal Emergency Management Agency February 28. 2009 National Flood Insurance Program Important: Read the instructions on pages 1 -8. SECTION A - PROPERTY INFORMATION For Insurance Company Use: Al. Building Owner's Name Clearwater Townhomes, Inc. Lott No. 10 Policy Number A2. Building Street Address (including Apt., Unit, Suite, and /or Bidg. No.) or P.O. Route and Box No. ! Company NAIC Number 161 Brightwater Drive City Clearwater State FL ZIP Code 33767 A3. Property Description (Lot and Block Numbers, Tax Parcel Number, Legal Description, etc.) Lot 10 Island Townhomes Plat Book 127, Page 46 -47 A4. Building Use (e.g., Residential, Non - Residential, Addition, Accessory, etc.) Residential A5. Latitude /Longitude: Lat. 82 ^49'22 Long. 27 ^58'17 Horizontal Datum: ❑ NAD 1927 ® NAD 1983 A6. Attach at least 2 photographs of the building if the Certificate is being used to obtain flood insurance. AT Building Diagram Number 7 A8. For a building with a crawl space or enclosure(s), provide A9. For a building with an attached garage, provide: a) Square footage of crawl space or enclosure(s) N/A sq ft a) Square footage of attached garage 941 sq ft b) No. of permanent flood openings in the crawl space or b) No. of permanent flood openings in the attached garage enclosure(s) walls within 1.0 foot above adjacent grade N/A walls within 1.0 foot above adjacent grade 14 c) Total net area of flood openings in A8.b N/A sq in c) Total net area of flood openings in A9.b 1280 sq in SECTION B - FLOOD INSURANCE RATE MAP (FIRM) INFORMATION B1. NFIP Community Name & Community Number B2. County Name B3. State City of Clearwater 125096 Pinellas Florida B4. Map /Panel Number B5. Suffix B6. FIRM Index B7. FIRM Panel B8. Flood B9. Base Flood Elevation(s) (Zone i Date Effective /Revised Date Zone(s) AO, use base flood depth) 12103CO102G G Sept. 03, 2003 Sept. 03, 2003 AE EL. 11.0 B10. Indicate the source of the Base Flood Elevation (BFE) data or base flood depth entered in Item B9. ❑ FIS Profile ❑ FIRM ❑ Community Determined ❑ Other (Describe) B11. Indicate elevation datum used for BFE in Item B9: ❑ NGVD 1929 © NAVD 1988 ❑ Other (Describe) B12. Is the building located in a Coastal Barrier Resources System (CBRS) area or Otherwise Protected Area (OPA)? ❑Yes ❑No Designation Date ❑ CBRS ❑ OPA SECTION C - BUILDING ELEVATION INFORMATION (SURVEY REQUIRED) Cl. Building elevations are based on: ❑ Construction Drawings' ❑ Building Under Construction' Qi Finished Construction 'A new Elevation Certificate will be required when construction of the building is complete. C2. Elevations- Zones Al -A30, AE, AH, A (with BFE), VE, V1 -V30, V (with BFE), AR, AR /A, AP, /AE, AR /Al -A30, AR /AH, AR /AO. Complete Items C2.a -g below according to the building diagram specified in Item A7. Benchmark Utilized LP-15 EL. =4.91 Vertical Datum NAVD1988 Conversion /Comments N/A b) Top of the next higher floor c) Bottom of the lowest horizontal structural member (V Zones only) d) Attached garage (top of slab) e) Lowest elevation of machinery or equipment servicing the building (Describe type of equipment in Comments) f) Lowest adjacent (finished) grade (LAG) g) Highest adjacent (finished) grade (HAG) Ct 15.67 ® feet N /A. © feet 5.50 © feet i 1.00 © feet 4.2 Z feet 5.1 © feet eck the measurement used. ❑ meters (Puerto Rico only) ❑ meters (Puerto Rico only) ❑ meters (Puerto Rico only) ❑ meters (Puerto Rico only) ❑ meters (Puerto Rico only) ❑ meters (Puerto Pico only) SECTION D - SURVEYOR, ENGINEER, OR ARCHITECT CERTIFICATION This certification is to be signed and sealed by a land surveyor, engineer, or architect authorized by law to certify elevation information. I certify that the information on this Certificate represents my best efforts to interpret the data available. I understand that any false statement may be punishable by fine or imprisonment under 18 U.S. Code, Section 1001, E Check here if comments are provided on back of form. Certifier's Name BRUCE A. KLEIN Title PRESIDENT Address 8086fQLD QOUNTY ROAD No. 54 Signature License Number 5052 Company Name KLEIN & STAUB SURVEYING, INC. City NEWPORT RICHEY State FL ZIP Code 34653 Date 07/26/07 Telephone 727 - 834 -8140 I ORIGINAL RECEIVED SEP 0 4 2007 PLANNINt, ,MEM CITY Of CLEaRbyATER FEMA Form 81 -31, February 2006 See reverse side for continuation. Replaces all previous editions IMPORTANT: In these spaces, copy the c :ponding information from Section A. For Insurance Company Use: Building Street Address (including Apt., Unit, Suite, and /or Bldg. No.) or P.O. Route and Box No. Policy Number 161 BRIGHTWATER DRIVE LOT No 10 City CLEARWATER State FL ZIP Code 33767 I Company NAIC Number SECTION D - SURVEYOR, ENGINEER, OR ARCHITECT CERTIFICATION (CONTINUED) Copy both sides of this Elevation Certificate for (1) community official, (2) insurance agent/company, and (3) building owner. Comments ALL A/C UNITS ARE ON THE P,OOF Signature;, ) —r ' % ` Date 07/26/07 Check here if attachments SECTION E - BUILDING ELEVATION INFORMATION (SURVEY NOT REQUIRED) FOR ZONE AO AND ZONE A (WITHOUT BFE) For Zones AO and A (without BFE), complete Items E1 -E5. If the Certificate is intended to support a LOMA or LOMR -F request, complete Sections A, B. and C. For Items E1 -E4, use natural grade, if available. Check the measurement used. In Puerto Rico only, enter meters. E1. Provide elevation information for the following and check the appropriate boxes to show whether the elevation is above or below the highest adjacent grade (HAG) and the lowest adjacent grade (LAG). a) Top of bottom floor (including basement, crawl space, or enclosure) is ❑ feet ❑ meters ❑ above or ❑ below the HAG. b) Top of bottom floor (including basement, crawl space, or enclosure) is ❑ feet El meters ❑ above or [D below the LAG. E2. For Building Diagrams 6 -8 with permanent flood openings provided in Section A Items 8 and /or 9 (see page 8 of Instructions), the next higher floor (elevation C2.1b in the diagrams) of the building is ❑ feet ❑ meters ❑ above or ❑ below the HAG. E3. Attached garage (top of slab) is ❑ feet ❑ meters ❑ above or ❑ below the HAG. E4. Top of platform of machinery and /or equipment servicing the building is ❑ feet ❑ meters ❑ above or ❑ below the HAG. E5. Zone AO only: If no flood depth number is available, is the top of the bottom floor elevated in accordance with the community's floodplain management ordinance? El Yes ❑ No ❑ Unknown. The local official must certify this information in Section G. SECTION F - PROPERTY OWNER (OR OWNER'S REPRESENTATIVE) CERTIFICATION The property owner or owner's authorized representative who completes Sections A, B, and E for Zone A (without a FEMA- issued or community- issued BFE) or Zone AO must sign here. The statements in Sections A; B. and E are correct to the best of my knowledge. Property Owner's or Owner's Authorized Representative's Name Address City State ZIP Code Signature Date Telephone Comments ❑ Check here if attachments SECTION G - COMMUNITY INFORMATION (OPTIONAL) The local official who is authorized by law or ordinance to administer the community's floodplain management ordinance can complete Sections A, B, C (or E), G1. ❑ The information in Section C was taken from other documentation that has been signed and sealed by a licensed surveyor, engineer, or architect who is authorized by law to certify elevation information. (Indicate the source and date of the elevation data in the Comments area below.) G2. ❑ A community official completed Section E for a building located in Zone A (without a FEMA- issued or community - issued BFE) or Zone AO. G3. ❑ The following information (Items G4. -G9.) is provided for community floodplain management purposes. G4. Permit Number G5. Date Permit issued G6. Date Certificate Of Compliance/Occupancy Issued G7. T his permit has been issued for: ❑ New Construction ❑ Substantial Improvement G8. Elevation of as -built lowest floor (including basement) of the building: . ❑ feet ❑ meters (PR) Datum G9. BFE or (in Zone AO) depth of flooding at the building site: ❑ feet ❑ meters (PR) Datum Local Official's Name Title Community Name Telephone Signature Date Comments ❑ Check here if attachments FEMA Form 81 -31, February 2006 Replaces all previous editions Building Photographs See Instructions for Item A6. For Insurance Company Use: Building Street Address (including Apt., Unit, Suite, and /or Bldg. No.) or P.O. Route and Box No. Policy Number 161 Brightwater Drive, Lot No. 1 City Clearwater State FL ZIP Code 33767 Company NAIC Number If using the Elevation Certificate to obtain NFIP flood insurance, affix at least two building photographs below according to the instructions for Item A6. Identify all photographs with: date taken; "Front View" and "Rear View "; and, if required, "Right Side View" and "Left Side View." If submitting more photographs than will fit on this page, use the Continuation Page, following. Front Left Side Front x ul 1 ar , c.° � •. Sr � sr ..; IS All Photos Taken 7/24/2007 Left Rear wIEF t .. ^ J rig Lwr I Left Side ORIGINAL RECEIVED SEP 0 4 2007 PLANMNr _ PLI-1VARTMENT CITY OF C:LEARWATER S Building Photographs Continuation Page For Insurance Company Use: Building Street Address (including Apt., Unit, Suite, and /or Bldg. No.) or P.O. Route and Box No. Policy Number 161 Brightwater Drive Lot No. 1 City Clearwater State FL ZIP Code 33767 Company NAIC Number If submitting more photographs than will fit on the preceding page, affix the additional photographs below. Identify all photographs with: date taken; "Front View" and "Rear View "; and, if required, "Right Side View" and "Left Side View." i Right Rear F! All Photos Taken 7/24/2007 Right Side Rear ly I ORIGINAL RECEIVE[ SEP 0 4 2007 PLANNING UEPQ)MENT CITY OF CLEARWATER �F Right Side Rear ly I ORIGINAL RECEIVE[ SEP 0 4 2007 PLANNING UEPQ)MENT CITY OF CLEARWATER 1 This InstrurnenfTr ° Return to i : E RAG Paul Camp Lane Lane & Associates, P.A. 5301 Conroy Road, Ste. 140 Orlando; Florida 32811 Parcel Identification Numbers 03- 10eS83 MAR-1.6-2003 1 :C P INELLAS CC eK 1260S PG :3r6 111111111111111111111111111 IIIIi IIIII IIIII IIII IIII 08- 29 -15- 04932- 000 - 0140; 08- 29 -15= 04932- 000 -0150 08- 29 -15- 04932- 000 -0160 WARRANTY DEED ORIGINAL RECEWD SEP 0 4 2007 PLANNING ukl'AWMENT CITY OF CLEARWATER This WARRANTY DEED, made the' day of a!!,_ 2003, by BRIGHTWAT.ER INVESTMENT'ESTABLISHMENT, a Liechtenstein Est9lishmeit, whose address is Zollstrasse 9, FL -9490 Vaduz, Liechtenstein, hereinafter called GRANTOR, to CLEARWATER TOWNHOMES, INC., a .Florida Corporation, hereinafter called GRANTEE, whose address is 5301 Conroy Road, Suite 140, Orlando, Florida 32811. WITNESSETH: That GRANTOR, for and in consideration of the sum of Ten Dollars and other good and valuable consideration, receipt whereof is ,hereby acknowledged, hereby grants, bargains, sells, alienates, remises, releases, conveys, and confirms unto �_ GRANTEE, all that certain land situated in Pinellas County, Florida, viz: 05 -- - 1wri Lots 14, 15, and 16 Bayside Subdivision No.2, according to the map or plat thereof as recorded in Plat Book 27 Page 32 of the Public Records, of P Pinellas County, Florida. gether with all of the tenements., hereditaments, and appurtenances thereto belonging rA.L nor_ In anywise appertaining. To Have and to .Hold, the same in fee simple .forever. This conveyance is also subject to easements, restrictions, limitations and conditions of record if any now exist, but any such interests that may have been terminated are not hereby re- imposed, and 'is subject also to applicable zoning ordinances and taxes. GRANTOR hereby covenants with GRANTEE that GRANTOR is lawfully seized of said land in fee simple; that the GRANTOR has good right and lawful authority to sell and convey this land.; and -that the GRANTOR hereby fully warrants the title to the land and will defend the same against the lawful claims of all persons whomsoever. PINELLPS COUNTY FLP. OFF.REC.BK 1260S PG 376 In Witness Whereof GRANTOR has signed and sealed these presents the day and year first above written. Signed, sealed, and delivered in our presence: x Witness— Seq +r,'c- e kat'setr X Witness 4-L" Aj 0 GRAN-FOR Andreas Schu'di, Director P-0 " 2 F:: R =r> Z� C7:3 CM Z-1 •`lo Receipt #: 1200700000000007742 q Date: 09 /04/2007 r Line Items: Case No Tran Code Description FLS2007 -09044 Fire - Prelim Site Plan FLS2007 -09044 03 Flex Std - Commercial Pavments: Revenue Account No 010 - 342501 010 - 341262 Line Item Total: 9/4/2007 3:57:17PM Amount Paid 200.00 475.00 $675.00 Initials Check No Confirm No How Received Amount Paid Check ENDEAVOR OF CLWR LLC R_D 1109 In Person Payment Total: 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. Page 1 of I 675.00 $675.00 cReceipt.rpt k' ebb p �05v PLANNING DEPARTMENT CITY OF CLEARWATER POST OFFICE BOX 4748, CLEARWATER, FLORIDA 33758 -4748 MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756 TELEPHONE (727) 562 -4567 FAX (727) 562 -4865 December 10, 2007 Mr. Ron Augustine Clearwater Townhomes, Inc. 161 Brightwater Drive, #10 Clearwater, FL 33767 Re: FLS2007 -09044 —161 Brightwater Drive Dear Mr. Augustine: This letter constitutes a Development Order pursuant to Section 4 -202.E of the Community Development Code. On October 4, 2007, the Development Review Committee (DRC) reviewed your Flexible Standard Development application to permit overnight accommodations (timeshares) in existing Units 6, 7, 8, 9 and 10 in the Tourist District where 10 attached dwellings (townhomes) were previously approved and constructed under FLD2002- 11042, under the provisions of Section 2- 703.M. The DRC DENIED this application based upon the following Findings of Fact and Conclusions of Law. Findings of Fact: 1. That the 0.478 acres is located on the south side of Brightwater Drive, approximately 800 feet east of Hamden Drive; 2. That the subject property is located within the Tourist (T) District; 3. That the subject property is located within the Small Motel District of Beach by Design; 4. That the subject property was approved for the development of 10 attached dwellings (townhomes) under Case Nos. FLD2002- 1 1 042/PLT2002- 11005; 5. That the subject property was developed with 10 attached dwellings (townhomes), each unit with parking . designed to back into the public right -of -way; 6. That the applicant desires to permit half of the units the ability to sell the units as a timeshare /interval ownership; 7. That the proposal creates a Mixed Use of the property (five overnight accommodation [timeshare /interval ownership] units and five attached dwellings), which is a use not listed in the Tourist District and must be processed as a Level 2 application for Comprehensive Infill Redevelopment Project to the Community Development Board; 8. That existing parking for the units, where it is designed to back into the public right -of -way, is nonconforming and approval to remain .in its constructed configuration and be permitted for the proposed overnight accommodation (timeshares /interval ownership) -units must be through the Termination of Status of Nonconformity provisions, which is a Level 2 application to the Community Development Board; 9. That Staff does not have the Code authority through a Level 1 application to approve a Mixed Use of the property, nor the parking configuration (backing into the right -of -way) for overnight accommodation (timeshare /interval ownership) units; and 10. That there are no active Code Enforcement violations associated with the subject property. FRANK HIBBARD, MAYOR JOHN DORAN, COUNCILMEMBER J.B. JOHNSON, COUNCILMEMBER BILL JONSON, COUNCILMEMBER CARLEN A. PETERSEN, COUNCILMEMBER "EQUAL EMPLOYMENT AND AFFIRMATIVE ACTION EMPLOYER" iy December 10, 2007 Augustine — Page Two Conclusions of Law: N 1. That the development proposal creates a Mixed Use of the property (five overnight accommodation [timeshare /interval ownership] units and five attached dwellings), which is a use not listed in the Tourist District and must be processed as a Level 2 application for Comprehensive Infill Redevelopment Project to the Community Development Board; and 2. That parking for the proposed overnight accommodation units would back in to the right -of -way of Brightwater Drive, which such configuration is not permitted under the provisions of Section 3- 14O2.C. In light of such circumstances, you were allowed to'apply in an expedited manner for Level 2 approval under Case No. FLD2OO7- 11037, to be heard by the Community Development Board on December 18, 2007. Fees Paid under this Level 1 application were applied to the Level 2 application. Should you have any questions, please do not hesitate to contact Wayne M. Wells, AICP, Planner III at (727) 562 -4504 or via e -mail at wayne.wells@,Myclearwater.com. Sincerely, Michael Delk, AICP Planning Director S: Planning Department)C D BIFlex Standard (FLS)Unactive or Finished Cases lBrightwater 161 Island Townhomes (T) - Denied0rightwater 161 Development Order Denial12.10.07.doc Page 1 of 1 Wells, Wayne From: Rjsk1234 @aol.com Sent: Monday, October 15, 2007 8:42 AM To: Wells, Wayne . Subject: 161 Brightwater Wayne, Clearwater Townhomes Inc. has closed on unit #1, units 2,3,4,5, based on our conversations with them, are aware of the program and are supportive. Please contact me after your meeting... thanks... Ron See what's new at AOL.com and Make AOL Your Homepage. 10/15/2007 Wells, Wayne From: Wells, Wayne Sent: Thursday, October 04, 2007 9:16 AM To: 'Rjsk1234 @aol.com' . Subject: FLS2007- 09044, 161 Brightwater Drive Ron - Attached are the DRC comments for the above referenced application, to be heard by the DRC at 12:45 pm. Wayne draft 10.4.07 rc action agend. Page 1 of 1 Wells, Wayne From: Rjsk1234 @aol.com Sent: Thursday, October 04, 2007 8:42 AM To: Wells, Wayne Subject: -Re: 161 Brightwater Drive Timeshare Application Wayne, Thank you for sending the e-mail to me. As you are aware we are NOT asking for a change in zoning, or looking to provide overnight accommodations. Many of the units on Brightwater and Clearwater Beach, are currently owned by multiple parties via LLC's /partnerships and other forms of joint ownership. Those owners than share the cost and then use the properties as they agree. No different than what we are asking for under a managed program. As to comment #3, this is irrelevant and inaccurate. In conclusion, we feel, and our research reflects, that we will add value to the street and Clearwater Beach by providing an affordable alternative to ownership. Sincerely, Ron Augustine See what's new at AOL.com and Make AOL Your Homepage. 10/4/2007 From: Wells, Wayne. Sent: Wednesday, October 03, 2007 5:58 PM To: 'Rjskl234 @aol.com' Subject: 161 Brightwater Drive Timeshare Application Ron - This email came in this afternoon. She came in today and got a copy of your application material. Thought you should have this. Wayne - - - -- Original Message - - - -- - From: Gina C [mailto:gina @affluentmedia.com] Sent: Wednesday, October 03, 2007 4:24 PM To: Wells, Wayne Subject: 161 Brightwater Drive Timeshare Application Wayne, Thank you very much for the time you spent with me regarding the proposed timeshare application for 161 Brightwater Drive. I am qualified to comment as my family owns two townhomes at 125 and Zoo Brightwater. I would like you to consider the following regarding this application. . 1. If the city is going to grant the approval, they should do it for the entire street as it would not be fair to the people that have invested in residential units that did not anticipate this change in zoning. 2. So as not to be a hindrance, every other owner on the street should have the right to do this also simultaneously. 3. As you know, Brightwater Drive has suffered immensely by two projects under construction stopping. The $6 million in deposits in litigation by approx. 30 innocent purchasers of property who put down 2o% deposits and have had to hire lawyers to get their funds back has been very upsetting. This is all going on in the local courts. The unsightly halt of construction (first floor not finished of a six story building) has cast our street in a very bad light. You may not be aware, but the 50% owners of the company or companies (Ron Augustine and Danny Patel) that did this are the same people that are trying to do this timeshare deal. I do not know them personally, but a lot of people have been hurt. They were partners with Roland Rogers. In conclusion, what is good for one is good for all, and this would be the only equitable way to not have their units on our street devalued. We should be given the same treatment now so it's a level playing field. I think this is what they would do in Norway. Wenche Damore 727-447 -1767 Affluent Media Zoo Brightwater Drive, 10/3/2007 Clearwater Beach, FL 33767 tel: 727- 466 -0433 ginaoaffluentmedia.com fax: 727- 466 -6914 10/3/2007 Page 2 of 2 Page 1 of 1 Wells, Wayne From: Rjsk1234 @aol.com Sent: Tuesday, October 02, 20073:02 PM To: Wells, Wayne Cc: esmeltz @gulfcoastbeachclub.com Subject: 161 Brightwater In response to the a -mails you gave me today... As to Linda Fletcher .... we are not changing from a residential use, as to all other investors or property owners wanting to do the same thing, I doubt this is the case. As to Parker Manor ... we will not allow for overnight rentals or any other form of transient accommodations The proposed use is for owners and or their guests, like any other second home ownership. In fact, the use agreement and recorded HOA documents prohibit rentals less than 120 days. The allowable zoning happens to cover overnight accommodations, however that has never been the intent. As per our discussions ,since there is not a specific zoning for fractional ownership, it falls under this zoning criteria. If there is any other questions staff may have please give me a call Ron Augustine 638 -3907 See what's new at AOL.com and Make AOL Your Homepage. 10/2/2007 ORIGINAL RECEIVED OCOT 02 2007 PLANNING DEPARTMENT CITY OF CLEARWATER City of Clearwater Planning Department Wayne Wells 10 -01 -07 Re: 161 Brightwater Dr. Clearwater, Fl. Wayne, Per your request attached is a copy of the recorded HOA Documents for the above referenced property. I have highlighted a number of restrictions that will continue to govern the use of the property. 2.01- no hotel or motel 2.02- parking 2.04- as to signage 2.09- as to occupancy 2.22- parking ordinances 7.03 - allows for joint owners 11.02- no transient and or hotel rentals -120 day, minimum As to parking, the units allow for three (3) cars in the garage, with ample room for an additional car in the driveway. The ingress and egress from the property allows for the required safety site triangles, from each unit, as per the approved plans. The HOA Documents require all vehicular parking to either be in the garage or the driveway. Since only one owner will occupy a unit at a time, the intensity and or daily trip count will not be any different than a "Second Home" owner or in many cases that of a permanent resident. Some owners may not even have a car with them on vacation. In summary, we meet and or exceed all zoning, use and parking requirements, and feel the proposed use has no adverse impact, and will in fact, add value to Brightwater Drive. in ely, Clearwater To nhomes Inc. Oct 0107 02:,55p LANE & RSSC I RTES, P. A. This document prepared by & Return to: Lane &,Associates, P.A. Paul Camp Lane, Attorney 7087 Grand National Drive Suite 100 Orlando, Florida 32819 001 - 407 - 3160372 P.1 ORIGINAL RECEIVED OCT 0 2 2007 PLANNING DEPARTMENT KEN BURKE, CLERK OF COURT CITY OF CLEARWATER PINELLAS COUNTY FLORIDA INSTI't 2006447495 0313012006 at 03:47 PM OFF REC BK: 15022 PG: 631 -661 DocType:CONDO RECORDING: $265:00 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR ISLAND TOWNHOMES THIS DECLARATION, made on the date hereinafter set forth, by CLEARWATER TOWNHOMES, INC. a Florida Corporation, hereinafter referred to as ' "Developer". WHEREAS, Developer is the owner of the land described in Exhibit "A" attached hereto, which it intends to develop under the name ISLAND TOWNHOMES, to be used for multi- family townhome residences with :fee simple ownership along with areas designated by way of Easement for common recreation and other needs; and WHEREAS, the Developer desires to provide covenants, conditions and restrictions concerning the use of the property encumbered by this Declaration. NOW, THEREFORE, for and in consideration of the premises and for other good and valuable consideration, Developer, for itself and its successors, grantees and assigns, does hereby restrict the ,use, as hereinafter provided, of all the property and improvements now included or to be constructed in the future on the property described in .Exhibit "A" (being hereinafter sometimes referred to as the ".Land "), and does hereby place upon the Land the following Covenants to run With the title to the Land, and the grantees., their heirs, successors and assigns, of and under .any deed conveying the Land, or any parts or portions thereof, shall be deemed, by the .acceptance of such deed, to have agreed to all of the Covenants and to have covenanted and agreed to observe, comply with, and be bound. by the Covenants, Conditions and Restrictions hereinafter set forth. ARTICLE I - DEFINITIONS Section 1.09. The following words and terms, when used in this Declaration or any supplemental or amendatory declaration (unless the context shall .prohibit or clearly indicate otherwise), shall have the following meanings: (a) "Articles' means the Articles of Incorporation of the Association. (b) "Assessment" means any periodic assessment, special assessment or other charge as described in Article Vlll. l ,�c) "Association" shall mean and refer to CLEARWATER ISLAND TOWNHOMES OWNERS' ASSOCIATION, INC., a' Florida nonprofit corporation, together with its successors, legal representatives and assigns. (d) "Board" or "Board of Directors" shall mean and refer to the Board of Directors of the Association. (e) "Bylaws" shall mean and refer to the Bylaws of the Association, as same may be amended from time to time. (f) "Common Area" shall mean all real property owned or to be owned by the Association for the common use and enjoyment of members of the Association, including, but not limited to, all of the property described in the plat of ISLAND TOWNHOMES as recorded in Plat Book 127, Pages 46 - 47 , public records of Pinellas County, Florida other than Lots 1 -10, inclusive, together with the property which is the subject of the sovereignty submerged land lease, sea walls, dock walks, recreation buildings, swimming amenity, landscape, and elements of the surface water management for the development such as, but not limited to, pipes, culverts, wells and other structures. (g) "Covenants" shall mean and refer to the covenants, restrictions, easements, affirmative obligations, charges and liens created and imposed by this Declaration. (h) " Declaration" s hall m ean. a nd refer to this D eclaration, together with any supplements or amendments hereto. (i) "Developer" shall mean and refer to CLEARWATER TOWNHOMES, INC., a Florida corporation, together with its successors., legal representatives, grantees and assigns, including the purchaser of its interest at a foreclosure sale. Any rights specifically reserved to CLEARWATER TOWNHOMES, INC. in any instrument of conveyance shall not inure to the benefit of its successors or, assigns, unless such rights are assigned by CLEARWATER TOWNHOMES, INC. in a recorded instrument to such successor or assignee, or such successor or assignee accepts the obligations of Developer. 0) "Development" shall mean ISLAND TOWNHOMES residential community, located on Brightwater Drive in Clearwater Beach, Pinellas County, Florida, on the real property described in Exhibit "A" attached hereto, and such additions thereto as may hereafter be brought within the jurisdiction of the Association or encumbered by this Declaration. (k) A D ock S pace s hall m ean a n a rea o f t he submerged land designated exclusively for the docking, mooring or storage of a .boat as depicted in Exhibit B. attached hereto, the use of which space 'has been assigned to a Member or it shall mean the exclusive right to use said space as the context so requires. The Association shall have the right to approve any modifications to the Dock Space including, but not limited to, the installation of any lifting mechanism, davits, electrical systems or supplemental mooring poles; and shall h ave t he right t o impose a bond to insure all costs associated with such installation are paid by the Member. 2 (1) "Drainage System" shall mean all structures, including culverts, pipes and swales, required to collect and convey rainfall runoff from Island Townhomes to the water management tracts (i.e., "Drainage System" "Lake" and "Pond" as hereinafter defined) and /or related facilities on and /or adjacent to the Land. The Drainage System is located upon and designed to serve the Land and to tie into off -site drainage facilities and waterways. (m) "Dwelling" shall mean and refer to a single family attached townhome residence located on a Lot. The word Dwelling may, when the context so requires, be used interchangeably herein with the words Lot and Unit. (n) "First Mortgagee" shall mean and refer to any institutional lender who holds a first mortgage on a Lot or Dwelling Unit and who has notified the Association in writing of its interest in.the Lot or Dwelling Unit. (o) "Institutional Lender" shall mean and refer to one or more commercial or savings banks, savings and loan associations, mortgage companies, insurance companies, pension funds or business trust, including, but not limited to, real estate investment trusts and any other fender engaged in financing the purchase, construction or improvement of real estate, or any assignee of loans made by such lender, or any private or governmental institution which has insured the Joan of the lender, or any combination of the foregoing entities. (p) "Land" shall mean and refer to all of the lands and improvements described in Exhibit "A" and any additions or amendments thereto. (q) A Limited Common Area shall mean all that part of the property within the Marina Area improved as a Dock Space and assigned to the exclusive use of a Member. (r) "Lot" shall mean and refer to any area of real property, which is included in Exhibit "A," and is designated as such on a recorded Plat or conveyed by the Developer to an Owner, whether or not said Lot is improved with a Dwelling Unit. A Lot may include any portion or portions of any other :Lots designated and described on 'the Plat when intended to be used together for one Dwelling. The word "Lot" may, when the context so requires, be used interchangeably herein with the words "Unit" or "Dwelling ". -(s) "Marina Area" shall mean that boat docking and mooring facility constructed upon the Land consisting of Dock Spaces, boardwalks, catwalks, tie poles and other improvements for the use of Members of the Association. The submerged lands under the Marina Area are not owned by the Developer and will not be transferred to the Association. In connection with the Docks and Marina area, Association or Developer has or will enter into a Submerged Land Lease with the State of Florida for the submerged lands adjacent to the Land. All expenses associated with any such Submerged Land Lease, including but not limited to rental payments, shall be and are a Common Expense. (t) "Member" shall mean and refer to those Owners entitled to membership as set forth in Article VII. 3 (u) "Notice" shall mean and refer to: (i) Written notice delivered personally or mailed to the last known address of the intended recipient, in the manner set forth in the Bylaws of the Association; or (ii) Notice published at least once each week for two consecutive weeks in a newspaper having general circulation in Pinellas County, Florida; or (iii) Notice given -in any other manner provided in the Bylaws of the Association. (v) "Owner" shall mean and refer to the record owner, whether one or more persons or entities, of fee simple title to any Lot which is a part of the "Land ". (w) "Plat" shall mean and refer to any recorded or unrecorded subdivision map or maps of all or a portion of the Land. (x) "Regulations" shall mean and refer to any rules or regulations respecting the use of the Land that have been adopted by the Association from time to time in accordance with its Articles of Incorporation and Bylaws. (y) "Unit" shall mean and refer to a single family Dwelling Unit situated upon the Land. The word "Unit" may, when the context requires, be used interchangeably herein with the words "Lot" or "Dwelling ". ARTICLE II - RESTRICTIONS Section 2.01 - Lots. The Lots and Units shall be used for residential purposes only. No buildings or other improvements at any t ime s ituate o n a ny L of s hall b e u sed f or a ny business, commercial, amusement, school, clubhouse, charitable, philanthropic or manufacturing purposes, or as a professional office. No building or other improvements situate on any Lot shall be rented or leased separately from the rental or lease of the entire Lot and no part of any such 'building shall be used for the purpose of renting rooms therein or as a boarding house, hotel, motel, tourist or motor court or any other type of transient accommodation. Section 2.02 - Vehicular Parking. No vehicle shall be parked on any part of the Land, except on .paved streets, :paved driveways and in garages. No commercial vehicles, except those present on :business, and no trailers, boats, trucks, recreational vehicles, mobile homes or motorcycles may be parked in the Development unless parked inside garages and concealed from public view or are approved by the Association. All vehicles parked within the Development must be in good condition and repair, and no vehicle which does not contain a current license plate or which cannot operate under its own power shall be parked within the Development outside of an enclosed garage more than twenty -four (24) hours, and no major repair of any vehicle shall be made within the Development. No garage shall be permanently enclosed or converted to other usage other than for the parking of vehicles without the approval of the Architectural Review Board. Any and all approved enclosures or conversions must be in compliance with all building codes, laws, rules and regulations. All 4 garage doors shall remain closed except when entering or exiting the garage. No driveways are a part of the common area and the exclusive use of such shall be reserved to the Owner of said Lot on. which it is located for him or herself and the guests, and invitees thereof. Section 2.03 - Unit Plates and Mailboxes. A mailbox and the number of the residence shall be centrally located for all Units in the Common Area or on the Unit. The size, location, design, style and type of material for each such mailbox and number of the residence shall be as designated.by Developer or approved by the Architectural Review Board. Except for name plates of uniform size and design approved by the Architectural Review Board; no Owner may cause any name plate to be affixed to any Unit, which may be seen from the Common Area. Section 2.04 -_Signs. No sign of any character shall be displayed or placed upon any Lot, except as such may be approved by the Architectural Review Board or no more than one For Sale sign measuring no more than 12 "x8" place in one window of an unit. The Association may enter upon any Lot and summarily remove and destroy any signs erected in violation of this paragraph. Section 2.05 - Aerials. No exterior radio or television mast, tower, pole, wire, aerial, satellite receiving station or dish, antenna or appurtenances thereto, nor any other exterior electronic or electromagnetic radiation equipment, structures, devices of any kind shall be installed or maintained on the exterior of any .Dwelling or on any portion of any Lot, except as may be approved by the Architectural Review Board, and except where permitted by the Federal Telecommunications Act of 1996, as amended, provided the same is not visible from any street and does not materially adversely affect any reception of any electronic products. Section 2.06 - Electrical Interference. No electrical machinery, devices or apparatus of any sort shall be used or maintained in any. Dwelling which causes interference with normal telephone, television or radio reception of any other Dwellings. Section 2.07 - Animals. N o h orses, mules, p onies, d onkeys, b urros, c attle, s heep, goats, swine, rodents, venomous reptiles, pigeons, pheasants, game birds., game fowl, poultry or guineas shall be kept, permitted, raised or maintained on any Lot, except as permitted in this Section. No pitbull terriers are permitted within the Development. Household pets less than 75 pounds may be kept on a single Lot for the pleasure and use of the occupants. Barking and noise from pets is not allowed. If any of such permitted animals shall, in the sole and exclusive opinion of the Association, become dangerous or an annoyance or nuisance 'in the Development, they may not thereafter be kept in the Development. Section 2.08 Nuisances.. No illegal, noxious or offensive activity shall be permitted or carried o n a ny p art o ft he 'Land o r D evelo,pment, n or s hall a nything b e p ermitted or done thereon which is or may become a nuisance or a source of embarrassment, discomfort or annoyance to the neighborhood or Development. No Occupant may play or suffer to be played any musical instrument, tape player, CD or DVD player, phonograph, radio, television or other similar electronic device in a Unit between the hours of 11:00 P.M. and the following 8:00 A.M., if the same shall in any manner disturb or annoy the other occupants of the Development. No trash, garbage, rubbish, debris, waste material, or other refuse shall be deposited or allowed to accumulate or remain on any part of the Land, nor upon any land or lands contiguous thereto. No fires for the burning of trash, leaves, clippings or other debris or r efuse s hall b e p ermitted on a ny.p art o f t he L and. No bicycles, cars, trucks, vehicles, tricycles, scooters, wagons, carriages or other items of personal property shall be parked or permitted to stand for any period of time on the Common Area. Section 2.09 - Occupancy. No unit in this Development shall be permanently occupied by more than two individuals per bedroom. Section 2.10 - Clothes Lines. There shall be no exterior clothes lines or clothes poles erected, and no outside clothes drying is permitted, except where such activities are advised or mandated by governmental authorities for any energy conservation purposes, in which event the Association shall have the right to approve the portions of any Lot used for outdoor clothes drying purposes and the types of devices to be employed in this regard, which approval must be in writing. No clothing, bedding or other similar items shall be hung over or on any windows, doors, walls or fences if the same is visible from any street. Section 2.11 - Mechanical Equipment. All exterior mechanical equipment, including, but not limited to, transformers, vents, air conditioning compressors, pool pumps, meters, storage tanks, including, but not limited to, those used for the storage of water, gasoline, oil or other liquid or any gas, and the like, shall be concealed from public view by walls of the same material and color as the building exterior or by an opaque landscaping screen. No solar heater shall be allowed o r visible f rom a ny s treet a nless o therwise a pproved b y t he Architectural Review Board. Section 2.12- Regulations. Reasonable rules and regulations concerning the appearance and use of the Land may be made and amended from time to time by the Developer or the Association as successor to the Developer in the manner provided by the Articles of Incorporation and Bylaws. Copies of the Rules and Regulations and amendments thereto shall be furnished by the Association to all Owners and residents of the Land upon request. - Section 2.13 - Mining. No oil or natural gas drilling, refining, quarrying or mining operations of any kind shall be permitted upon any Lot and no derrick or other structure designed for use in boring for oil or natural gas shall be erected, maintained or permitted on any Lot; nor shall oil wells, tanks, tunnels, mineral excavations or shafts be permitted on any Lot. Section 2.14 - Casualties. In the event a Dwelling or any part thereof is damaged or destroyed by fire, casualty or otherwise, or in the event any improvements upon the Common Area are damaged or destroyed by casualty or otherwise, the Owner thereof or the Association, as the case may :be, shall promptly clear all debris resulting therefrom and - commence either to rebuild or repair the damaged improvements in accordance with the terms and provisions of the .Declaration, or in the case of the Common Area, to grass over and landscape the land previously underlying the improvements in a manner consistent with the surrounding area. C.1 li Section 2.15 - Reconstruction. Any repair, rebuilding or reconstruction on account of casualty or other damage to any Dwelling or Common Area, or any part or parts thereof, shall be substantially in accordance with the plans and specifications for such property and areas as originally constructed except as may be modified to comply with the then current building codes, or with new plans and specifications approved by the Association. Section 2.16 Lighting. All exterior lighting shall be consistent with the character established by the Developer for the Development or, as approved by the Architectural Review Board, and shall be limited to the minimum necessary for safety, identification and decoration. The exterior lighting of buildings for security or decoration shall be I imited to concealed up lighting or down lighting and the style and type of lighting shall be compatible with the building design and materials. The source of lighting shall not be visible from streets or other Common Areas and no colored lenses or lamps are permitted.. Dock space electrical service shall be provided by the Unit owner having the exclusive right to use such dock space. Section 2.17 - :Refuse and Garbage. All garbage and refuse shall be placed in containers or receptacles supplied by -the Association and all wet garbage or loose trash deposited in said receptacles shall first be placed in suitable bags, which shall be securely tied. Section 2.18 - .Exterior Alterations. No Owner, other than the Developer, may change, touch up or modify the exterior of the Dwelling on a Lot, including painting, without the prior written consent of the Architectural Review Board. Section 2.19 - Window Treatments. Window treatments shall consist of draperies, blinds, shutters or other tasteful window coverings, and no newspaper, aluminum foil, sheets or other temporary window treatments are permitted, except for periods not exceeding one (1) week after an Owner moves into a Unit or when permanent window treatments are being cleaned or repaired. Section 220 - Southwest Florida Water Management District. . The following requirements of the Florida 'Department of Environmental Protection ( "DEP ") and the Southwest Florida Water. Management District ( "SWFWMD ") shall apply to the Association and a II L ots a nd O wners.. 1111 ith R espect t o a ny 'L ots which abuts any Lake, Pond or any detention system or water quality system, the Owner of such L of s hall n of r emove n ative vegetation (including cattails) that become established within the Lake, Pond or any detention system or water quality system. As used herein, the term "remove" shall include dredging, application of herbicides or cutting. It shall be the responsibility of said Lot Owner to consult with the SWFW,MD or such governmental entity as has control or authority over such detention system or water quality system with respect to the care and maintenance thereof. It shall be the responsibility of Lot Owners, at their sole expense, to maintain any land area along the rear of their Lot 'to the high water mark of any Lake, Pond, or any detention pond in such a fashion as to be reasonably acceptable to The Association. Notwithstanding anything contained herein to the contrary, any amendment to this Declaration with would affect the surface water management system, including the Drainage System, must have the prior approval of the SWFWMD. 7 A non - exclusive. easement is hereby reserved to the Developer, the Association, their successors and assigns for surface water, drainage and for the installation and maintenance of the surface water management and drainage of the Land. The surface water management and Drainage System of the Land shall be developed, operated, and maintained in conformance with the requirements of any controlling governmental authority. The surface water management and Drainage System shall be owned and operated by the Association except for any portion of the surface water management and Drainage System that has been dedicated to a governmental authority. The Association shall maintain as an operating /common expense the entire surface water management and Drainage System with the Land, including but not limited to all lakes, ponds, retention areas, culverts, pipes, pumps, catch basins and related appurtenances regardless of whether or not same are natural or man -made within the Land or are owned by the Association. Such maintenance shall be performed in conformance with the requirements of any controlling governmental authority, and an easement for such maintenance is hereby created. The Association will have the right, but not the obligation to maintain any portion of the surface water management and Drainage System for the Land which is owned and /or maintained by any controlling governmental authority or which is outside of the Land. The Land shall be required to accept surface water drainage from any other property pursuant to the requirements of any controlling governmental authority, and in connection therewith will have the right, but not the obligation, to maintain any portion of the surface water management system for such other property reasonably required in connection with the maintenance or operation of the surface water management system for the Land. No Owner or any other person shall do anything to adversely affect the surface water management and drainage of the Land or otherwise prejudice any District permits. Section 2.29 -.Amendments and . Modifications by Developer. Notwithstanding any provisions of these restrictions to the contrary, the Developer, its successors and designated assigns, reserves the right, until such time as the Developer relinquishes control of the Architectural Review Board as provided hereafter, to amend, modify. or grant exceptions or variances from any of the restrictions set forth in this Article 11 without notice to or approval by any Lot Owners of the Development or the Association. Section 2.22 - Ordinances. Every Owner, their licensees, guests, invitees and tenants, shall at all times abide by all county, city, and state or other governmental ordinances, rules and regulations, including, but not limited to, ordinances, rules and regulations with regard to pets and leashes, parking ordinances, and ordinances regarding conduct. Section 2..23 - Fonds /Retention /Detention Areas. All ponds /retention /detention areas that are located within the development shall be part of the Common Area and no Owner shall use any pond /retention /detention area or any other drainage facility for private use. Section 2.24 - Dock Space. As part of the Development, spaces for the permanent parking for boats has been provided in what is designated as a Dock .space. Each Dock Space in the Marina Area is hereby restricted to use by the Member who has been assigned the use of such space and his permitted lessees, ,their immediate family, guests and invitees for the purpose of docking a single pleasure or recreational boat or vessel therein (exclusive n of lifeboats or dinghies that are normally carried on board such boat or vessel). The use of any Dock Space for any commercial purpose or venture is expressly prohibited. While docked within any Dock Space, no boat or vessel shall be used or occupied as a temporary or permanent residence. Without limitation of the generality of the foregoing, no person shall occupy any vessel or boat docked within a Dock Space for a period in excess of twenty -four (24) hours during any consecutive seventy -two (72) hour period. At no time shall more than one boat or vessel (exclusive of lifeboats or dinghies carried on boat such boat or vessel) be docked or moored in a Dock Space. Notwithstanding anything to the contrary contained herein or in any rules or regulations from time to time promulgated by the Association, so long as Developer o wns a ny D ock S paces, D eveloper m ay u tilize a D ock Space o r D ock Spaces of its choice for a model, prototype, or other usage for the purpose of selling Units. Further, Developer may assign its commercial usage right to such other persons or entities as it may choose; provided, however, when all such Dock Spaces have been transferred, Developer's right to such commercial usage shall immediately cease. Section 2.25 - Condition of Boats or Vessels. All boats or vessels docked or moored in a Dock Space shall be maintained in a good, safe, clean, sanitary and seaworthy condition at all times. The Association shall have the right, upon reasonable notice, to cause to be removed from the Marina Area any boat or vessel that the Association determines to be a fire, health or safety hazard, and the cost of such removal may be assessed against the Member assigned the Dock Space in which the boat or vessel is docked as a Special Assessment, which may be collected in the same manner as any regular assessment. Section 2.26 - Right of .Entry for Maintenance of Common Areas. Whenever it is necessary to enter upon any Dock Space, or any boat or vessel docked or moored in a Dock Space, for the purpose of performing any maintenance, alteration or repair to any portion of the Common A reas 'o f t he M arina A rea, t he M ember t o w hom t he D ock S pace h as b een assigned shall permit other M embers or their representatives, or any duly constituted and authorized agent of the Association, to enter such Dock Space (or any boat or vessel docked therein) for such purposes, 'provided that such entry shall be made only at reasonable times and with reasonable advance notice. Section 2.27 - Limitation on Alteration to Dock Spaces. No Owner shall permit there to be any improvements, decorations, modifications, lifts, changes or alterations made to his Dock Space without first obtaining the written consent of the Association, which consent may be withheld if the Association determines in its sole discretion that such modifications or alterations would adversely affect or in any manner be detrimental to the Marina Area in part or in its entirety. No modification or alteration shall be permitted that would cause any increase in any insurance premiums paid by the Association, or not be in compliance with all building codes, laws and regulations. Section 2.28 - Proviso.. 'Provided, however, that until Developer has completed all of the contemplated improvements and closed the sales of all of the Lots, neither the Owners nor the Association nor the use of the Land shall interfere with the completion of the contemplated improvements and the sale of the Lots and Units. Developer may make such use of the unsold Lots, Units and Common Area without charge as may facilitate such completion and sale, including, but not limited to, maintenance of a sales office, construction Fv) office, models, the showing of the Land and the display of signs and the use of Lots as parking lots, notwithstanding anything contained herein to the contrary. Section 2.29 — Density. THE LAND HAS DENSITY THAT EXCEEDS THAT WHICH THE DEVELOPER IS CONSTRUCTING AND UTILIZING IN CONNECTION WITH THE LAND. NO OWNER OR ASSOCIATION SHALL ACQUIRE ANY RIGHT TO ANY UNUSED OR UNUTILIZED DENSITY ALL OF WHICH IS RESERVED TO THE DEVELOPER. DEVELOPER RESERVES THE RIGHT TO U SE A ND /OR A SSIGN A NY S UCH U NUSED OR UNUTILIZED DENSITY WITHOUT ANY CONSENT OR.APPROVAL REQUIRED BY ANY OWNER OR THE ASSOCIATION. ARTICLE III - UTILITIES. EASEMENTS AND ROADS Section 3.01 - Easements.. Perpetual easements (herein called "Easements ") for the installation or maintenance of utilities, including storm sewer, sanitary sewer, gas, electricity, water, telephone, cable television and other utilities of every kind and nature now or hereafter constituting utilities (herein generally referred to as "Utilities ") and drainage areas are.hereby reserved to the Developer in and to all utility easement and drainage easement areas (herein called "Easement Areas ") shown on the Plat, which Easements shall include, without limitation, the right of reasonable access over Lots to and from the Easement Areas; and the Developer shall have the right to convey such Easements on an exclusive or nonexclusive basis to any person, corporation or governmental entity (herein called "Utility Providers ") and who shall furnish Utilities or services to the Development. Neither the Easement rights reserved pursuant to this paragraph., nor as shown on the Plat, however, shall impose any obligation on the Developer to maintain such Easement Areas or to install or maintain the Utilities or any retention or detention areas (hereinafter defined)., nor any pipes, lines, culverts, channels or other facilities or improvement that may be located on, in or under such Easements, or which may be .served by them within Easement Areas. No structure, irrigation system, planting or other material shall be placed or permitted to remain which may damage or interfere with access to, or the installation and maintenance of, the Easement Areas or any Utilities or drainage facilities, or which may change the direction of flow or obstruct or retard the flow of water .through drainage channels in any Easement Area, or which may reduce the size of any water retention areas (herein referred to as "Retention or Detention Areas ") which are shown on the Plat or which may be constructed in such Easement Areas. Section 3.02 Walkways and Access Easement. Developer hereby grants and conveys to the Owner of each and every Lot in the Development, their heirs, personal representatives, successors and. assigns, a perpetual, non- exclusive easement appurtenant to each Lot within the Development for the purpose of ingress and egress .by pedestrian and vehicular t raffic o ver a nd a cross a ach a.nd e very w alkway a d efined hereafter; reserving, however, unto the Developer the unrestricted right to grant like non - exclusive easements over the same walkways and to grant easements for utilities to utility companies and public bodies for public utility services within the Development in the same walkways, boardwalks and catwalks which are subject to this grant: The term walkways is used herein to describe the servient tenement which is impressed with the easement shall. include all sidewalks, dock walkways /catwalks and paths as the same may be shown on the Plat or exist from time to time over, through, across and 10 upon the Land and Marina Area, as the same may from time to time be paved or improved and intended for such purposes. Ownership by Developer of both the Lots benefitted by the easement granted and created herein and of the walkways which are subjected to said easement shall not cause any merger or impairment of said easement. Every deed from Developer of any Lot in the Development shall automatically carry with it as an appurtenance to such Lot the easement hereby created, whether or not specifically mentioned in any such deed, and this easement shall thereafter run with title to said Lot in perpetuity. Section 3.03 - Easement for Governmental, Health, -Sanitation and Emergency Services. A non- exclusive easement is hereby granted to the appropriate governmental authorities a nd t o t he a ppropriate p rivate o rganizations s upplying h ealth, sanitation, police services and any emergency service, such as fire, ambulance and rescue services, for the purpose of ingress and egress of pedestrian or vehicular traffic over and across the Common Area and each Lot. Section 3.04 - Reciprocal Easements. There shall be reciprocal, appurtenant easements between each Lot and such portion or portions of the Common Area adjacent thereto, or between adjacent Lots, or both, for lateral and subjacent supports; for electrical, plumbing, sewer, telephone, cable., drainage and other convenience or utility servicing more than one Lot; for overhanging roofs and eaves installed by Developer and for replacement thereof; and for encroachments caused by the willful construction, reconstruction, repair, settling or shifting of any improvements constructed, reconstructed or altered thereon in accordance with the terms of this Declaration. The extent of said easements for lateral and subjacent supports and for overhangs .shall be that reasonably necessary to effectuate the purposes thereof; and said easements of encroachment shall extend to a distance of not more than four (4) feet, as measured from any .point on the common boundary along a line perpendicular to such boundary at such point. Notwithstanding the foregoing, in no event shall there be any easement for overhangs or encroachments if same is caused by the willful misconduct on the part of an Owner, tenant or the Association. Notwithstanding anything contained herein to the contrary, should electrical, plumbing, sewer, telephone, cable or other utility service to a Lot cross through or under another Lot (Survey Lot) and be in need of repair or replacement, this said repair or replacement shall not occur in the Easement in the Survey Lot if said repair or replacement would in any way damage or interfere with the use and enjoyment of the improvements erected on said Survey Lot. In such event, the utility service shall be relocated in the Common Area. ARTICLE IV - PROPERTY RIGHTS Section 4.01 - Owners` Easements of Enjoyment. Every Owner shall have a right and 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 rights of the Developer reserved herein and subject to the following provisions: 11 (a) The right of the Association to levy annual and special assessments and other fees for the use of any recreation facility, if any, situated upon the Common Area. (b) The right of the Association to suspend the voting rights of a Member for any period during which any assessment against his Lot or Unit remains unpaid, and for a period not to exceed sixty (60) days for any infraction of its published rules and regulations. Notwithstanding anything contained herein to the contrary, assessments shall continue during any suspension period. (c) The right of the Association to dedicate or transfer all or any part of the Common Area to any public authority., agency or utility for such purposes and subject to such conditions as may be agreed to by the Members. No such dedication or transfer shall be effective unless an instrument signed by two- thirds (2/3) of each class of Members agreeing to such dedication or transfer has been recorded. (d) The right of the Association., in accordance with its Articles and its Bylaws, to borrow money for the purpose of improving or increasing the Common Area and in aid thereof with the assent of two- thirds (2/3) of each class of Members to mortgage said properties. Said mortgage shall be subordinate to the Members' rights as provided hereinafter. In the event of a default upon any such mortgage, the Lender's rights hereunder shall be limited to .a r ight, a fter t aking p ossession o f s uch a rea, t o c harge a dmission a nd other fees as a condition to continued enjoyment by the Members and, if necessary, to open the enjoyment of such area to a wider public until the mortgage debt is satisfied, whereupon the possession of such area shall be returned to the Association and all rights of the Members hereunder shall be fully restored; provided that under no circumstances shall the rights of the Members of ingress, egress and parking be affected. (e) The right of the Association to take such steps as are reasonably necessary to protect the Common Area against an attempted foreclosure. (f) The right of the Association to grant access to police, fire and other public vehicles. (g) The right of the Developer, without approval of the Association or the Membership, to dedicate easements and rights -of -way over the Common Areas in accordance with the terms of this Declaration. (h) T he r ight o f t he A ssociation t o adopt and enforce at any time rules and regulations governing the use of the Common Area and all facilities situated thereon, including the right to assess late fees against Members as provided hereafter, which rules and regulations shall apply until rescinded or modified as if originally set forth at length in this Declaration. (i) The right of the Developer to complete construction of and installation of all roads, sewer lines, water lines, storm water drainage and other utilities. Section 4.02 Delegation of Use. Any Member may delegate his right of enjoyment to the Common Area and facilities to the 'Members of his family, to his guests and to his 1.2 tenants, subject to such rules and regulations as the Board of Directors may from time to time adopt; provided, however, that there shall be no abrogation of the duty of any Member to pay assessments as provided in Article VIII. Section 4.03 - Limitation Upon Use of Common Areas. No Owner may plant, erect or maintain a ny f ences, h edges, walls or other improvements upon the Common Area. The Board of Directors of the Association may establish reasonable rules and regulations concerning the use of the Common Area. ARTICLE V - ARCHITECTURAL CONTROL Section 5.01 - Members of the Board and Term of Office. The Association shall have an Architectural Review Board (the "ARB ") consisting of three (3) members. The Developer shall be entitled to appoint the initial members to the ARB and replacements thereof until such time as the Developer has approved the plans and construction of improvements for the last Dwelling to be constructed on the Land, or until March 15, 2006, whichever first occurs.. Thereafter, each member of the ARB shall be appointed by.the Board of Directors and shall hold office until such time as he has resigned or has been removed or his successor has been appointed, as provided herein. The Board of Directors shall have the right to appoint and remove (either with or without cause) any and all members of the ARB at any time, except for members of the ARB appointed by the Developer. Section 5.02 - Review of Proposed Construction. (a) E xcept f or t he e xemption i n S ection 9 b elow, n o b uilding, fence, wall or other structure or improvement (including landscaping) shall be commenced, painted, erected or maintained on the Land, nor shall any addition, change or alteration visible from the exterior be made, nor shall any awning, canopy or shutter be attached to or placed upon outside wails or roofs of buildings or other improvements, until the plans and specifications showing the nature, kind, shape, height, materials, color and location of the same shall have been submitted to and approved in writing by the ARB. (b) The ARB shall approve proposals or plans and specifications submitted for its approval only if it deems that the construction, alterations or additions contemplated thereby in the locations indicated will: i) assure harmony of external design, materials and location in relation to the surrounding buildings and topography within the Development; and ii) .protect and conserve the value and desirability of the Development as a residential community; and iii) be consistent with the provisions of this Declaration; and iv) be in the -best interest of the Association and maintain the value and desirability of the Development as a residential community; and 13 v) comply with such other specific designing criteria that the ARB may adopt from time to time. (c) The ARB may condition its approval of proposals and plans and specifications as it deems appropriate, and may require submission of additional plans and specifications or other information prior to approving or disapproving material submitted. The ARB may also issue rules or guidelines setting forth procedures for the submission of plans for approval. The ARB may require such detail in plans and specifications submitted for its. review as it deems proper, including, without limitation, floor plans, site plans, drainage plans, elevation drawings and descriptions or samples of exterior materials and colors. (d) Until receipt by the ARB of any and all required plans and specifications, the A RB m ay p ostpone review of any plans submitted for approval.. The ARB shall have thirty (30) days after delivery of all required materials to approve or reject any such plans, and if not rejected within such thirty (30) day period, said .plans shall be deemed approved. (e) The ARB herein shall be the ultimate deciding body and its decisions shall take precedence over all others. All changes and alterations shall also be subject to all applicable permit requirements and to all applicable governmental laws, statutes, ordinances, rules, regulations, orders and decrees. Section 5.03 - Meetings of the ARB. The ARB shall meet from time to time as necessary to perform its duties hereunder. The ARB may from time to time, by resolution unanimously adopted in writing, designate any ARB representative (who may, but need not be one of its members) to take any action or perform any duties for and on behalf of the ARB, except the granting of variances pursuant to Section 8 hereof. In the absence of such designation, the vote of any two (2) members of the ARB shall constitute an act of the ARB. Section 5.04 - No Waiver of Future Approvals. The approval of the ARB of any proposals or plans and specifications or drawings for any work done or proposed, or in connection with any other matter requiring the approval and consent of the ARB, shall not be deemed to constitute a waiver of any right to withhold approval or consent as to any similar proposals, plans and specifications, drawings or other matters subsequently or additionally submitted. for approval or consent. Section 5.05 - Compensation. The members of the ARB shall receive no compensation for services rendered,, other than reimbursement for expenses incurred by them in the performance of their duties hereunder. The ARB., however, shall have the .power to engage the services of professionals to serve as members of the ARB for compensation for purposes of aiding the ARB in carrying out its functions. Section 5.06 Inspection of Work and Occupancy. Inspection of work and correction of defects therein and permanent occupancy of a Dwelling shall proceed as follows: (a) Upon the completion of any work for which approved plans are required under this Article V, the applicant (the "Applicant ") shall give written notice of completion to the ARB. 14 (b) Within thirty (30) days after receipt of the notice of completion, the ARB or its duly authorized representative may inspect such improvements. If the ARB finds that such work was completed in substantial compliance with the approved plans, it shall so notify the Applicant in writing and permanent occupancy of the improvement shall be granted. if the ARB finds such work was n of c ompleted i n s ubstantial c ompliance w ith t he a pproved plans, it shall notify the Applicant in writing of such noncompliance, specifying the particulars of noncompliance and requiring the Applicant to remedy the same. The ARB shall notify the Applicant within said thirty (30) day period of its approval or disapproval. (c) If, upon the expiration of thirty (30) days from the date of such notification of noncompliance, the Applicant shall have failed to remedy such noncompliance, the ARB shall notify the Board in writing of such failure. The Board shall then determine whether there is a noncompliance and, if so, the nature thereof and the estimated cost of correcting or removing the same. (d) If a noncompliance exists, the Applicant shall remedy or remove the same within a period of not more than forty -five .(45) days from the date of announcement of the Board ruling. If the Applicant does not comply with the Board ruling within such period, the Board, at its option, may .either remove the noncomplying improvement or remedy the noncompliance, and the Applicant shall reimburse the Association, upon demand, for all expenses incurred in connection therewith. If such expenses are not promptly repaid by the Applicant to the Association, the Board shall levy a special assessment against such Applicant for reimbursement. (e) If for any reason the ARB fails to notify the Applicant of any noncompliance within thirty (30) days after receipt of the written notice of completion from the Applicant, the improvement shall be deemed to have been made in accordance with said approved plans. (f) Permanent occupancy of any improvement for which approved plans are required under this Article V shall be prohibited until such time as a noncompliance has been remedied. This provision shall be enforceable regardless of whether a certificate of occupancy has been issued to the Applicant for the subject improvement. Section 5.07 - Non- Liability of ARB Members. Neither the ARB nor any member thereof, nor its duly authorized ARB representative, shall be liable to the Association or to any Owner or any other person or entity for any loss, damage or injury arising out of or in any way connected with the performance or nonperformance of the ARB's duties hereunder, unless due to the willful misconduct or bad faith of a member and only that member shall have any liability. The ARB shall review and approve or disapprove all plans submitted to it for any proposed improvement, alteration or addition on the basis of aesthetic considerations, the overall benefit or detriment which would result to the immediate vicinity and to the Land, and for compliance with the design review criteria. The ARB shall take into consideration the aesthetic aspects of the architectural designs, placement of buildings, landscaping, color schemes, exterior finishes and materials and similar features, but shall not be responsible for reviewing, nor shall its approval of any plan or design be deemed approval of, any plan or design from the standpoint of structural safety or conformance with building or other codes. 15 Section 5.08 - Variance. The ARB may authorize variances from compliance with any of the design review criteria when circumstances such as topography, natural obstructions, hardship, aesthetic or environmental considerations require. such variance must be evidenced in writing which must be signed by at least two (2) members of the ARB. The granting of such a variance shall not, however, operate to waive any of the terms and provisions of this Declaration for any purpose except as to the particular property and particular provisions covered by the variance, nor shall it affect in any way the Owners obligation to comply with all governmental laws and regulations affecting the Owner's use of the premises. Section 5.09 - Developer's Exemption. The Developer shall be exempt from the provisions of this Article V with respect to alterations and additions to be made by Developer and shall not. be obligated to obtain ARB approval for any construction or changes in construction which the Developer may elect to make at any time. Section 5.10 - Attorneys' Fees. For all purposes necessary to enforce this Article, the Association shall be entitled to collect reasonable attorneys' fees, court costs and other expenses against an Owner, whether or not litigation is instituted, and the Board may assess such amounts in the form of a Special Assessment against the Owner's unit in question. ARTICLE VI - INSURANCE Section 6.01- Insurance, Casualty or Condemnation. Insurance, other than title insurance, which shall be carried upon the Common Area, shall be covered by the following provisions. (a) Authority to Purchase. All insurance policies upon the Common Area shall be purchased by the Association for the benefit of the Association. It shall not be the responsibility or the duty of the Association to obtain insurance coverage upon the personal liability, personal dwelling rUnit, personal property or living expenses of any Owner but the Owner may obtain such insurance at his own expense provided such insurance may not be of a nature to affect policies purchased by the Association. The Association shall insure common areas only, and shall not be required to insure buildings for individual Lots. (b) Coverage: (i) Casualty. All buildings and improvements in the Common Area -and all personal property included in the Common Area shall be insured in an amount equal to the -maximum insurable replacement value, including foundation and excavation costs, as determined by the Board of Directors of the Association. Such coverage shall afford protection against: (1) Loss or damage by fire and other hazards covered by a standard extended coverage endorsement; and 16 (2) Such other risks as from time to time shall be customarily covered with respect to building similar in construction, location and use as the buildings on the land, including but not limited to vandalism and malicious mischief. (ii) Public Liability. In such amounts and such coverage as may be required by the Board of Directors of the Association. (iii) Worker's Compensation Policy. To meet the requirements of law. (iv) Other. Such other insurance as the Board of Directors of the Association shall determine from time to time to be desirable. (c) Premiums. Premiums for the described insurance shall be a common expense, collected from Owners as part of the Annual General Assessment. Premiums shall be paid by the Association. (d) Proceeds. All insurance policies purchased by the Association shall be for the benefit of the Association and its mortgagees as their interests may appear, and shall provide that all proceeds covering property losses shall be paid to the Association. (e) Distribution of Proceeds. Proceeds of insurance policies received by the Association shall be distributed and used by the Association as the Board of Directors may determine. Section 6.02 - Reconstruction or Repair After Casualty. The Board of Directors, in its sole discretion, shall determine whether or not any damaged portion of the Common Area shall be repaired or replaced. Section 6.03 - Condemnation. In the event that any portion of the Common Area shall be made the subject of any condemnation or eminent domain proceeding or is otherwise sought to ,be acquired by a condemning authority, the taking of any portion of the Common Area by condemnation shall be deemed to be a casualty, and the awards for that taking shall be deemed to be proceeds from insurance on account of the casualty and shall be deposited with the Association and shall be distributed to the Association and to any Owner who is directly, adversely affected by the condemnation, as their respective interests may appear. Section .6.04 - Insurance on Lots. Each Owner of a Lot shall obtain insurance coverage upon the Lot insuring the dwelling unit located thereon in an amount equal to the maximum insurable replacement value, excluding foundation and excavation costs. Such coverage shall afford protection against: (a) Loss or damage by fire, hurricane, tornado, windstorm, and other hazards covered by a standard extended coverage endorsement; and (b) Such other .risks as from time to time shall be customarily covered with respect to buildings similar in construction, location and use as the 17 buildings on the land, including but not limited to vandalism and malicious mischief. The Owner shall furnish proof of renewal of such insurance to the Association at the time of purchase of a Lot and shall furnish proof of renewal of such insurance on each anniversary date thereof. If an Owner shall fail to provide such insurance the Association may obtain such insurance and shall assess the Owner for the cost of same. ARTICLE VII - MEMBERSHIP AND VOTING RIGHTS Section 7.01 - Members. Every Owner of a Lot shall be a member of the Association as designated in Section 7.02 of this Article. Membership shall be appurtenant to and may not be separated from ownership of a Lot which is subject to assessment or from occupancy of a Unit. Section 7.02 - Membership Classes and Voting Rights. The Association shall have the following two (2) classes of voting membership: (a) Class A. Class A Members shall be all Owners, except the Developer for so long as the Developer retains Class B voting rights as defined herein, of Lots and shall be entitled to one (1) vote for each such Lot so owned. (b) Class .B. The Class B Member shall be the Developer and shall be entitled to nine (9) votes for each Lot owned. The Class B membership shall cease and be converted to Class A membership when one of the following events occurs: (1) when the total votes outstanding in Class A membership equals or exceeds the total votes outstanding in the Class B membership; (2) on December 31, 2006; or (3) at such time as the Developer shall designate in writing to the Association. Section 7.03 - Joint Owners. When more than one person holds an interest in any Lot, all such persons shall be members of the Association; provided, however, that Owners' vote shall be exercised as provided above or as all such persons among themselves determine, but in no event shall more than one (1) vote be cast with respect to any Lot not owned by the Developer. ARTICLE Vill - ASSESSMENTS Section 8.01 - Purpose of Assessment. The Association shall have the authority to levy assessments against each Lot or Unit to be used exclusively to promote the recreation, health, safety and welfare of the resident in the Development and for the improvement and maintenance of the Common Area, and those portions of each Lot/Dwelling that the 18 Association is required or entitled to maintain or repair, and those easement areas to be maintained by the Association, including, but not limited to, cost of repair, replacement and additions thereto; cost of labor, equipment, materials, management and supervision thereof; the payment of taxes assessed against the Common Area; the procurement and main- tenance of insurance; the employment of attorneys, accountants and other professionals to represent the Association when necessary or useful; the employment of security personnel; the cost of insurance acquired pursuant to Article VI; and such other needs as may arise. Section 8.02 - Creation of Lien. In order to carry out the purposes and obligations hereinafter stated, the Association, by action of its Board of Directors, and without approval of the members except to the extent specifically provided herein, shall have the power to levy and collect assessments in accordance with this Declaration against each Lot. The Developer, for each Lot owned within the Development, hereby covenants, and each Owner of any Lot by acceptance of a deed thereto, whether or not it shall be so expressed in such deed, shall be deemed to covenant and agree to pay to the Association: (1) annual assessment or charges, (2) special assessments for capital improvements, (3) special assessments for emergencies as needed for purposes other than as a capital improvement, and (4) specific assessments against any particular Lot which were established pursuant to the terms of this Declaration. All such assessments, together with interest, costs and reasonable attorneys' fees, shall constitute a lien upon the Lot against which each such assessment is levied and shall run with the land, and shall take priority from the date the notice of lien for delinquent assessments is filed in the Public Records of Pinellas County, which notice shall state the description of the Lot, the Owner's name, the amount due and the date due. The lien shall be prior to and superior in dignity to the creation of any homestead status but subordinate to any first mortgage as hereinafter set forth. Every. Owner of a Lot hereby consent to the imposition of such lien prior to any homestead status until paid in full. Section 8.03 - Special Assessments. In addition to the annual assessment authorized, the Association, through its Board of Directors, may levy in any assessment year a special assessment or assessments for capital improvement or emergency purposes, and any such assessment shall be approved by no less than seventy percent (70 %) of each class of Members. Written notice -of any meeting called for the purpose of making the levy of a special assessment requiring approval of the membership shall be sent to all Members not less than ten (10) days nor more than thirty (30) days in advance of the meeting. In addition to all other remedies :provided in this Declaration, the Board of Directors, in its sole discretion, may levy a special assessment upon an Owner for failure of the Owner, his family, guests, invitees or employees, to comply with any provision of this Declaration or the Articles, Bylaws or rules and regulations of the Association, provided that the following procedures are followed: (a) The Association shall notify the Owner of the infraction or infractions. The notice shall include the date and time of the next Board of Directors meeting at which the Owner shall have the right to present testimony as to why the Special Assessment should not be imposed. 19 (b) The noncompliance shall be presented to the Board of Directors at the meeting described in the notice. At such meeting, a hearing shall be conducted to obtain testimony as to the levying of a Special Assessment in the event that it is determined that a violation has in fact occurred. A written decision of the Board of Directors shall be submitted to the Owner not later than twenty -one (2 1 ) days after the hearing. (c) The Board of Directors may impose the following Special Assessments against the Owner of the Lot.in the event a violation is found: (i) First Noncompliance Violation. A Special Assessment in an amount not in excess of $100.00. (ii) Second Noncompliance. Violation. A Special Assessment in an amount not in excess of $500.00. (iii) Third and Subsequent Noncompliance Violation or Violations which are of a Continuing Nature. A fine in an amount not in excess of $1,000.00 for each violation. (d) A Special Assessment as provided in this Article shall be due and owing not later than thirty (30) days after the written decision as provided in Section (b) above. Section 8.04 - Annual Assessments. Annual assessments shall be determined for each Lot by the Board .of Directors of the Association prior to January 1 st of each year for all assessable property by determining the sum necessary to fulfill the obligations and purpose of said assessment. Written notice of the annual assessment shall then be sent to every Owner subject thereto and the due date shall be established by the Board of Directors, which may be monthly, quarterly or on an annual basis. The Association shall, upon request 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. Notwithstanding anything contained herein to the contrary, the Developer, as a Class B Member, shall not be obligated to pay annual assessments for the period of time that the Developer ;pays any amount of common expenses incurred and not produced by the special and annual assessments collectible from Class A Members. For purposes of this calculation, replacement reserves or capital expenditures shall not be considered as common expenses. Section 8.05 - Uniform Rate of Assessment. Both annual and special assessments shall be fixed at a uniform rate for each Lot and may be collected on a monthly, quarterly or annual basis. Section 8.06 - Commencement of Annual Assessments: Due Dates. The annual assessments provided for herein shall commence as to each Lot at the time of the closing of the. purchase of a Lot. The first annual assessment shall be adjusted according to the number of months remaining in the calendar year. The due dates for assessments shall be established by the Board of Directors of the Association. Section 8.07 - Remedies of the Association for Nonpayment of Assessments. In addition to the foregoing remedies, the Board of Directors may assess a "late fee" of 20% of 20 the delinquent assessment for each Periodic or Special Assessment which is more than ten (10) days delinquent. Any assessment not paid within thirty (30) days after the due date shall bear interest from the due date at the maximum legal rate. The Association may bring an action at law against the Owner personally obligated to pay the same, or file, a lien as hereinabove authorized and foreclose said lien by judicial foreclosure in the same manner in which mortgages on real property may be foreclosed in Florida. In any such foreclosure, the Owner s hall b e required to p ay t he costs and expenses of filing the notice of lien and all reasonable attorneys' fees, which costs, expenses and attorneys' fees shall be secured by the lien being foreclosed. The Owner shall also be required to pay the Association any assessments against the Lot which become due during the period of foreclosure. The Association shall have the right and power to bid at foreclosure sale or other legal sale and to acquire, hold, convey, lease, rent, encumber, use and otherwise deal with the Lot as Owner thereof. N o O caner m ay w aive o r otherwise escape liability for the assessments provided herein by nonuse of the Common Areas. Any suit to recover money judgment for unpaid expenses and assessment hereunder shall not be deemed to be a waiver of the lien securing the same. Upon payment of all sums secured by the lien, which has been the subject of a recorded notice of lien, a release of lien shall be executed by the Association or its representative and recorded in the Public Records of Pinellas County, Florida. Section 8.08 - Subordination of the Lien to Mortgages. The lien of the assessments provided for herein shall be subordinate to the lien of any Institutional Lender recorded prior to the time of recording a notice of lien. The sale or transfer of any Lot shall not affect the assessment lien. Any Institutional Lender which obtains title to a Lot as a result of foreclosure of a first mortgage thereon or by voluntary conveyance in lieu of such foreclosure, shall not be liable for the assessments pertaining to such Lot or chargeable to the former Owner thereof which became due prior to the acquisition of title by said Institutional Lender. Such unpaid assessments shall be deemed a common expense of the Association and collectible from all Owners, including the acquiring institutional Lender, its successor or assign. Any such transfer to or by an Institutional Lender shall not relieve the transferee of responsibility nor the Unit from the lien for assessments made thereafter. No sale or transfer shall release such Lot from liability for any assessment thereafter becoming due. Section 8.09 - Exempt Propert y. All properties dedicated to and accepted by a public authority and all properties owned by the Association shall be exempt from assessments created herein. . Section 8.10 - Rights of Governmental Authorities. In the event any municipality or other governmental authority performs the obligations of the Association for the maintenance of any facilities or land within the "Development," then said municipality or governmental authority shall have legally enforceable liens against all land and each residential Unit in the "Development" and the same enforcement rights afforded the Association. ARTICLE IX - TITLE TO COMMON AREA AND MAINTENANCE OF COMMON AREA AND LOTS Section 9.01. The Developer may retain legal title to the Common Area until such time as it has completed improvements thereon and until such time as, in the opinion of the 21' Developer, the Association is able to maintain the Common Area. The Developer shall convey and t he A ssociation shall accept such c onveyance t o the Common Area free .and clear of all liens and encumbrances, except this Declaration and restrictions of record at the time of the conveyance of the Common Area to the Association, real and personal property taxes for the year in which the conveyance takes place, and any easements created or allowed by the terms of this Declaration. Section 9.02. T he Association shall be responsible for the exclusive management, control and maintenance of the Common Area and all improvements thereon, and shall keep the same in good; clean, attractive and sanitary condition, order and repair, and in particular, shall be responsible for maintenance of the storm water facilities located within the Development, whether on Common Area or the Lot. The Association shall maintain those improvements within the Marina Area initially installed by the Developer. Any improvement made to a Dock Space by the Member shall be maintained by the Member to whom the Dock Space has been assigned. Section 9.03. (a) The Association shall operate, maintain and manage the surface water or storm water management system(s), denoted on the Plat in a manner consistent with the Southwest Florida Water Management District Permit requirements and applicable District rules, and shall assist in the enforcement of the restrictions and covenants contained herein. Maintenance of the surface water or storm water management system(s) shall mean the exercise of practices which allow the systems to provide drainage, water storage, treatment, conveyance or other surface water or stormwater management capabilities as permitted by the Southwest Florida Water Management District. Any repair or reconstruction of the surface water or stormwater management system shall only be permitted as approved by the Southwest Florida Water Management District. (b) No structure of any kind shall be constructed or erected within, nor shall an Owner in any way change, alter, impede, revise or otherwise interfere with the flow and volume of water in any portion of any drainage areas or the Surface Water /Stormwater Management System, nor. shall any grading, alteration, or other modifications to these areas be made without the prior written permission of the Association, City of Clearwater, Pinellas County, and the Southwest Florida Water Management District. (c) No Owner shall in any way deny or prevent ingress and egress by the Declarant, the Association, City of Clearwater, Pinellas County, or the Southwest Florida Water Management District - to any drainage areas or the Surface Water /Stormwater Management System for maintenance or landscape purposes. The right of ingress and egress, and easements therefore are hereby specifically reserved and created in favor of the Declarant, the Association., the Southwest Florida Water Management District, City of Clearwater, Pinellas County, or any appropriate governmental or quasi - governmental agency that may reasonably require such ingress and egress. (d) No Lot shall be increased in size by filling in any drainage areas or other p ortion of t he S urface W ater /Stormwater Management System. No Owner shall fill, dike, rip -rap, block, divert or change the established drainage areas or the Surface Water /Stormwater Management System that have been or may be created by easement 22 without the prior written consent of the Association, City of Clearwater, Pinellas County, and the Southwest Florida Water Management District. (e) No wall, fence, paving, planting or other improvement may be placed by an Owner within a drainage area, drainage easement, or the Surface Water /Stormwater Management System. (f) The Southwest Florida Water Management District, City of Clearwater, Pinellas County, shall have the right to enforce, by a proceeding a t I aw o r i n equity, the provisions contained in this Declaration which relate to the maintenance, operation and repair of the Surface Water /Stormwater Management System. Section 9.04. In addition to the maintenance of the Common Area and Marina Area, the Association shall provide exterior maintenance upon each Lot and the Dwelling located thereon as follows: paint, repair, replacement and care of exterior building surfaces, landscaping, sprinkler systems, sidewalks, paths, docks, dock walkways or other improvements on each Lot outside of a Dwelling. Such exterior maintenance shall not include maintenance repair and replacement of windows, screens and glass, exterior doors, roof, gutters ad downspouts, roof deck, which all shall be the responsibility of each Owner for his particular Dwelling. Furthermore, each Owner shall be responsible for the maintenance and repair of the elevators, carpeting and floor covering, kitchen equipment, heating and air conditioning equipment, whether located inside or outside of his Dwelling, hot water heater (together with electrical and plumbing elements associated therewith) any other contents of the Dwelling and any boat lifts installed or built by Owner. The Association shall be responsible to maintain all portions of a Dwelling contributing to the support of the building in which the Dwelling is located, which portion shall include but not. be limited to load bearing columns, floors and walls, including all conduits, ducts, plumbing, wiring and other facilities for the furnishing of utility services to the Dwelling (including, electrical power, water and sewer disposal) and all such facilities contained within a Dwelling which service part or parts of the Development other than the Dwelling within which contained. The Association shall also maintain all water and sewer lines located on a Lot exterior to the Dwelling. Any maintenance, and repair work or replacement done by Unit Owner to windows, screens, roof, glass or exterior doors of any Dwelling shall conform to the existing design, color and quality of material replaced or repaired. ARTICLE X - PARTY WALLS Section 10.01 - General Rules of Law to Apply. Each wall which is built as a part of the original construction of the Units and placed on the dividing line between the Lots shall constitute a party wall; and, to the extent not inconsistent with the provisions of this Article, the applicable case law of the State of Florida regarding party walls and liability for property damage due to negligence or willful acts or omissions shall apply thereto. Section 10.02 - Sharina of Repair and Maintenance. The cost of reasonable repair and maintenance of any such party wall shall be shared by the Owners who make use of the .party wall in proportion to such use. 23 Section 10.03 - Destruction by Fire or Other Casualty. If a party wall is destroyed or damaged by fire or other casualty and such destruction or damage is not covered by insurance, an Owner who has use of the party wall may restore it; and if the other Owners thereafter make use of the party wall, they shall contribute to the cost of restoration thereof in proportion to their use without prejudice, however, to the right of any such Owner to call for a larger contribution from the others under any rule or law regarding liability for negligent or willful acts or omissions. Section 10.04 - Weatherproofing. Notwithstanding any other provisions of this Article, an Owner who by his negligent or willful act causes any party wall to be exposed to the elements shall bear the whole cost of furnishing the necessary protection against such elements. Section 10.05 - Right to Contribution Runs with Land. The right of any Owner to contribution from any other Owner under this Article shall be appurtenant to the- land which comprises that Owners Lot and shall pass to such Owner's successors in title to said Lot. Section 10.06 - Arbitration. In the event of any dispute arising concerning a party wall or under the provisions of this Article, each party shall choose one arbitrator and such arbitrators shall choose one additional arbitrator, and the decision shall be by a majority of all the arbitrators and said decision shall be enforceable in any court of competent jurisdiction. Should any party refuse to appoint an arbitrator w ithin t en (10) d ays a fter w ritten r equest thereof, the .Board shall select an arbitrator for the refusing party. ARTICLE XI - TRANSFER LEASING AND MORTGAGING OF LOTS Section 11.01 - Sales. Prior to the sale or transfer of a Lot, any member desiring to sell or transfer shall first submit the name of the proposed purchaser and the contract of sale to the Board of Directors of the Association for their approval, or disapproval, which shall be given within thirty (30) days from the date of the submission of the contract of sale. If approved, the approval of the Board shall be in writing and executed in such a manner as to entitle i t t o b e r ecorded i n t he 4P ublic .R ecords o f P inellas C ounty, Florida. If no action is taken w ithin t hirty (30) d ays, the t ransfer s hall b e d eemed t o have been approved by the Board of Directors. If the transfer should be disapproved, the Directors shall have thirty (30) days from the date of disapproval within which to purchase the Lot on the same terms and conditions as contained in the contract of sale. If the Directors fail to exercise their option to purchase within said thirty (30) day period, then the member shall be free to sell and convey to the intended purchaser. If the Directors fail to act within thirty (30) days as above provided or fail to exercise their option within thirty (30) days as herein provided, they shall furnish a certificate to that effect in a form recordable in the Public Records of Pinellas County, Florida. Dock Spaces may be transferred between Members only, provided such transfer has been submitted to the Association. No such transfer shall relieve any Member of any part of any assessment or maintenance fee by virtue of such transfer. 24 The provisions of this Section shall not be applicable to any sale made by the Developer or its assigns; to any sale or transfer made by an institutional mortgagee acquiring title as a result of the foreclosure of its mortgage or by voluntary acceptance of a transfer of title in lieu of such foreclosure; to a purchaser acquiring title in such foreclosure proceedings, or accepting title in lieu of foreclosure, or to sales made pursuant to order or decree of court in connection with the foreclosure of an institutional first mortgage. Section 11.02 - Leasing. No unit shall be leased or rented by the respective Unit Owner thereof for transient or hotel purposes which are hereby defined as (a) rentals for less than one hundred twenty (120) days or (b) rentals where the occupants of the Unit are to be provided services, such as room service for food, beverage, maid service, furnishing of laundry and linens, and bellboy services. Other than for the foregoing, the Owner or Owners of the respective Units shall have the right to lease the same provided that all such leases are a pproved b y t he A ssociation a nd a re made subject to this Declaration, the Articles of Incorporation, Rules and Regulations, and the Bylaws of the Association. The Board of Directors shall adopt reasonable rules regarding the review and approval or disapproval of proposed leases. The Board of Directors may adopt reasonable rules regarding the use of Units and the common elements by lessees of Units that are more restrictive than the rules that govern the use by Unit Owners. If a lessee violates any of these rules or any other rules of the Association or any term of this Declaration or its exhibits, in addition to any other rights that it may have, the Association has the right to evict the lessee from the Unit and, for the purposes thereof, each Unit Owner, by accepting title to a Unit in this Development authorizes the Association to act on his behalf as his agent in any action brought to evict a lessee under this paragraph. In the event that the Association evicts any lessee or otherwise takes any action to enforce the rules of the Development or the Association, the Board of Directors and the other Unit Owners shall not be liable to the lessee /owner for any loss or damages suffered, arising from or connected therewith. ARTICLE XII - REMEDIES Section 12.01 - Violations. Whenever there shall have been built, or there shall exist on any .Lot, any structure, building, thing or condition which is in violation of the Covenants, Association shall have the right, but not the obligation, to enter upon the property where such violation exists and summarily to abate and remove the same, all at the expense of the Owner of such property, which expense shall be payable by such Owner to Association on demand, and such entry and abatement or removal shall not be deemed a trespass or make Association liable in any way to any person, firm, corporation or other entity for any damages on account thereof. Section 12.02 - Special Assessment for Noncompliance. In addition to the above remedies, there may be levied a Special Assessment for noncompliance as described in Article VIII, Section 8.03 of this Declaration. ARTICLE XIII - MISCELLANEOUS Section 13.01 - Approvals. Wherever in the Covenants the consent or approval of Developer is required to be obtained, no action requiring such consent or approval shall be commenced or undertaken until and after a request in writing seeking the same has been 25 submitted to and approved in writing by Developer. In the event Developer fails to act on any such written request within thirty (30) days after the same has been submitted to Developer as required above, the consent or approval of Developer to the particular action sought in such written request shall be conclusively and irrefutably presumed. However, no action shall be taken by or on behalf of the person or persons submitting such written request which violates any of the Covenants herein contained. Section 13.02 - Assignments. Developer shall have the sole and exclusive right at any time and from time to time to transfer and assign to any person, .firm or corporation, including, but not limited to, the Association, any or all rights, powers, easements, privileges, authorities and reservations given to or reserved by Developer by any part or paragraph of the Covenants 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 Developer under the provisions hereof, the same shall be vested in and be exercised by a committee to be elected or appointed by the Owners of a majority of the 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 13.03 - Developer's Rights. Developer reserves and shall have the sole and exclusive right: (a) To modify and amend these Covenants as may be required by the Federal National Mortgage Association, or other insurer of first mortgages upon the Units or Lots without acquiring the approval or joinder of any other Unit Owner or mortgagee or contract purchaser. (b) T o a mend, modify or grant exceptions or variances from any of the use restrictions set forth in Article 11 of this Declaration of Covenants, Conditions and Restrictions without notice to or approval by other Owners or mortgagees. (c) To amend these Covenants for the purpose of curing any error or ambiguity in or any inconsistency between the provisions contained herein without. acquiring the approval or joinder of any other Unit Owner or mortgagee or contract purchaser. (d) To include in any contract, deed, sublease agreement or other instrument hereafter made any additional covenants and restrictions applicable to the Land which do not lower the standards of the Covenants. (e) Notwithstanding anything contained herein to the contrary in this Declaration, the Articles of Incorporation or Bylaws, the Developer shall be entitled to use any unsold Unit or boat dock as an aide in selling Units or as a sales office, construction office, or parking lot, and shall further be allowed to place on the Development signs advertising the sale of Units, construction trailers and sales trailers. The Developer shall further have the right to complete construction of all improvements to the Common Area contemplated by its development plan and to transact, on the Development, any business to consummate the sale of Units, and all sales office and model furniture shall not be considered Association property and shall remain the property of the Developer. 26 (f) To amend this Declaration to add additional property to be subject hereto, and w hich s hall b e d eveloped i n a similar manner as the property described in Exhibit A, which annexation shall be accomplished by the Developer executing a nd recording in the Public Records of the County in which the subject property is located an amendment executed solely by the Developer. Section 13.04 - Additional Covenants. No Owner, without the prior written approval of Developer, may impose any additional covenants or restrictions on any part of the Land shown on the Plat. Section 13.05 - Termination. These Covenants, Conditions and Restrictions, as amended and added to from time to time, and as provided for herein, shall, subject to the provisions hereof and unless released as herein provided, be deemed to be covenants running with the title to the Land and shall remain in full force and effect for a period of thirty (30) years from the date of recording the original restrictions, and thereafter these Covenants shall be automatically extended for successive periods of ten (10) years each, unless within six (6) months prior to the commencement of any ten (10) year period, an instrument in writing, executed by the Owners representing eighty per cent (80 %) of the votes of Lots has been recorded in the Public Records of Pinellas County, Florida, in which written agreement any of the Covenants provided for herein may be changed, modified, waived or extinguished, in whole or in part, as to all or any part of the property then subject thereto, in the manner and to the extent provided in such written agreement. Section 13.06 - Amendment. Subiect to the provisions of Section_ 13.03(b) hereof, the covenants, conditions and restrictions of this Declaration may be amended by an instrument executed by the then Owners who represent seventy percent (70 %) of the votes of Lots and shall be placed of record in the Office of the Clerk of the Circuit Court where the Land is located. Notwithstanding anything herein contained to the contrary or in Section 13.03, no amendment of this Declaration which in any way alters, changes, limits, diminishes or otherwise affects any I nstitutional L enders p osition, r ight o r e quity a s m ortgagee o f a L of shall b e e ffective w ithout t he j oinder o f t he Institutional L ender, n or s hall a ny amendment affect the rights reserved unto the Developer throughout this Declaration as long as there is a Class B membership, without the Developer's approval, nor shall any amendment which would affect the surface water management system be effective without the prior written approval of the South Florida Water Management District. Section 13.07 - Negli ence. Any Owner shall, liable for the expense of any maintenance, repair or replacement rendered necessary by his act, neglect, carelessness or by that of any member of his family, or by his or her guests, employees or lessees, but only to the extent that such expense is not met by the proceeds of insurance carried by the Association. Such liability shall include any increase in fire insurance rates occasioned by use, misuse or occupancy or abandonment of a Unit interest or its appurtenances. Section 13.08 - Enforcement. If any person, firm, corporation or other entity shall violate or attempt to violate any of the Covenants, it shall be lawful for Developer, the Association or any person or persons owning any Lot: 27 (a) To institute and maintain civil proceedings for the recovery of damages against those so violating or attempting to violate any such covenants or restrictions; or, (b) To institute and maintain a civil proceeding in any court of competent jurisdiction against those so violating or attempting to violate any of the Covenants for the purpose of preventing or enjoining all or any such violations or attempted violations. The remedies contained in this Section 13.08 shall be construed as cumulative of all other remedies now or hereafter provided by, law. The failure of Developer, his grantees, successors or assigns, to enforce any Covenant or any other obligation, right, power, privilege, authority or reservation herein contained, however long continued, shall in no event - be deemed a waiver of the right to enforce the same thereafter as to the same breach or violation, or as to any other breach or violation thereof occurring prior to or subsequent thereto. (c) In any proceeding arising because of alleged failure of an Owner to comply with the terms of this Declaration, its Exhibits or Regulations adopted pursuant thereto, as said d ocuments a nd R egulations m ay be amended from time to time, the prevailing party shall be entitled to recover the costs of the proceeding and such reasonable attorneys' fees as may be awarded by the court. Section 13.09 - Annexation. While at the time of the recording of this Declaration, the covenants, conditions and restrictions contained herein apply only to the property described in Exhibit A, Developer does reserve the right, in its sole discretion, to annex to the terms of this Declaration additional lands that it owns or acquires adjacent to that described in Exhibit A. As provided previously for amendments, said annexation may be accomplished solely by the Developer without the joinder or consent of the Association, Owners or the holders of liens on Lots. There is no obligation on the part of the Developer to make such an annexation, but at the time an amendment of annexation is recorded, said annexed land shall become subject to the terms and conditions of this Declaration. Section 13.10 — Security. The Association may, but shall not support certain activities within the Land designed to make the property safer than it otherwise might be. Additionally, neither Developer nor the Association makes any representations whatsoever as to the security of the Land or the effectiveness of any security gate, or other security device. All Owners agree to hold Developer harmless from any rIOSS or claim arising from the occurrence of any crime or other act. Neither the Association, Developer, nor any successor Developer shall be in any way considered insurers or guarantors of security within the Land. Neither the Association, Developer, nor any successor Developer shall be held - liable for any loss or damage by reason of failure to provide adequate security or ineffectiveness of security measures undertaken, if any. All members, Owners and occupants of any Lot or Unit, tenants, guests and invitees of any Owner acknowledge that the Association, its board and any committee, Developer and any successor Developer do not represent or warrant any security gate or other security devise, will in all cases provide the protection for which the gate or other security devise is intended. Each member, Owner and occupant of any Lot or Unit, and each tenant, guest and invitee of an Owner acknowledges and understands that the Association, its board and committees, Developer, and any successor developer are not insurers and that each .member, Owner, and occupant of any Lot or Unit, and each tenant, guest and invitee of any member or Owner assumes all risks for loss or damage to persons, MM to Lots or Unit, and to the contents of Lots or Unit and further acknowledges that the Association, its board and the committee, Developer, and any successor Developer have made no representations or warranties, expressed or implied, including any warranty of merchantability or fitness for any particular purpose, relative to any security measures undertaken within the Land. Section 13.11 - Severability. The invalidation of any provision or provisions of the Covenants set forth herein by judgment or court order shall not affect or modify any of the other provisions of the Covenants which shall remain in full force and effect. Section 13.12 - Paragraph Headings. The paragraph headings contained in this Declaration are for reference p urposes o my a nd s hall n of i n a ny w ay a ffect t he m eaning, content or interpretation hereof. Section 13.13 - Inapplicability of Condominium Act. It is acknowledged that the Association is not intended to be a condominium association, and is not intended to and shall not be governed by the provisions of Florida Statutes, Chapter 718. Section 13.14 — No Public Right or Dedication. Nothing contained in this Declaration shall be deemed to be a gift or dedication of all or any portion of the Association Property to the public or for any public use. Section 13.15 — No Representations or Warranties. No representations or warranties of any kind, express or implied, have been given or made by Developer or its agents or employees in connection with any portion of the association Property, its physical condition, zoning, compliance w ith a pplicable I aws, f itness f or i ntended u se, o r i n c onnection with the Land, sale, operation, maintenance, cost of maintenance, taxes or regulation therof, except as specifically and expressly set forth in this Declaration. ARTICLE XIV - SPECIAL PROVISIONS TO SATISFY THE REQUIREMENTS OF FEDERAL NATIONAL MORTGAGE .ASSOCIATION Section 14.01 - Association Records. The Association shall allow all Owners, their lenders, insurers and guarantors of first mortgages to inspect, during normal business hours, all of the records of the Association. Section. 14.02 - Association Annual Statement. Upon written request, the Association shall furnish its most recent annual statement to any holder of a first mortgage of a Lot in the Development. Section 14.03 - Notices. Upon written request, the Association shall furnish the following notices to the holder, insurer or guarantor of any mortgage of any Lot . in the Development: (a) Notice of any delinquency in the payment of assessments more than sixty (60) days past due as to the applicable Lot. 29 Oct 01 07 02:55p LRNE & RSSCIRTES,P.R. 00' -407- 3160372 p.2 (a) Notice of any delinquency in the payment of assessments more than sixty (60) days past due as to the applicable Lot. (b) Notice of any lapse, cancellation or material modification of any insurance policy or fidelity bond maintained by the Association. (c) Notice of any proposed action which would require the consent of a percentage of mortgage holders. Section 94.04 - Terms. As used herein, the terms "mortgagee" or "lender" shall be deemed to include the Federal National Mortgage Association, as applicable. IN WITNESS WHEREOF, Developer has caused this instrument to be duly executed the date and year indicated. Signed and sealed in the presence of: , a m Name: STATE OF FLORIDA COUNTY OF ORANGE DEVELOPER: CLEARWATER TOWNHOMES, INC., a Florida corporation By: Name: Paul Camp Lane Director/ President I HEREBY CERTIFY that this day in the next above named State and County before me, an officer duly authorized and acting, personally appeared Paul Camp "Lane, as Director and President of CLEARWATER TOWNHOMES, INC., a .Florida corporation, who is personally known to me or who produced Florida Driver's License as identification, and who executed the foregoing Declaration of Covenants, Conditions and Restrictions, and acknowledged that he executed the same as a director and president of the said corporation for the purposes therein expressed, and that the said instrument is the act and deed of said corporation. WITNESS my hand and official seal this,20kday of / Q'tck , 2006. ' :�;.+t Marjorie R. £vans Ma' rie Zary ans - MyCornrr CO20ss Florida Public E pares January 17 2968 30 THIS PAGE INTENTIONALLY LEFT BLANK 31 Wells, Wayne From: Wells, Wayne Sent: Thursday, September 27, 2007 2:20 PM To: 'Rjsk1234 @aol.com' Subject: 161 Brightwater Drive Ron - Is there any way you could drop off to me within the next couple of days a copy of the recorded homeowners documents for Island Townhomes (161 Brightwater Drive)? I would appreciate it. Wayne Page 1 of 1 Wells, Wayne From: Wells, Wayne Sent: Monday, September 17, 2007 11:31 AM To: 'Rjsk1234 @aol.com' Subject: RE: 161 Brightwater We do not have a consent agenda for DRC. All departments will be reviewing the request and providing any appropriate comments. - - - -- Original Message---- - From: Rjsk1234 @aol.com [mailto:Rjsk1234 @ aol.com] Sent: Monday, September 17, 2007 11:28 AM To: Wells, Wayne Subject: 161 Brightwater can I assume we will be on the consent agenda from staff for the Oct. 4th meeting ... .thanks ... Ron See what's new at AOL.com and Make AOL Your Homepage. 9/17/2007 Page 1 of 1 Wells, Wayne From: Wells, Wayne Sent: Tuesday, September 11, 2007 3:49 PM To:. 'Rjsk1234 @aol.com' Subject: RE: 161 Brightwater Ron - have sent to you a "Letter of Completeness" (see attached) and you are scheduled for the October 4, 2007, DRC meeting. Wayne - - - -- Original Message---- - From: Rjsk1234 @aol.com [mailto:Rjsk1234 @aol.com] Sent: Tuesday, September 11, 2007 10:14 AM To: Wells, Wayne Subject: 161 Brightwater Wayne, I delivered the items you requested to Sherry the next day. Let me know if you need anything else... thanks... Ron See what's new at AOL.com and Make AOL Your Homepage. 9/11/2007 Clearwater September 10, 2007 Ron Augustine 161 Brightwater Dr Unit 9 Clearwater, F133767 CITY OF CLEARWATER PLANNING DEPARTMENT MUNICIPAL SERVICES BUILDING 100 SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756 TELEPHONE: (727) 562 -4567 FAX: (727) 562 -4576 WW W.MYCLEARWATER.COM VIA FAX: 727- 442 -8304 RE: FLS2007 -09044 -- 161 BRIGHTWATER DR UNITS 1 -10 -- Letter of Completeness Dear Ron Augustine : The Planning Staff has entered your application into the Department's filing system and assigned the case number: FLS2007- 09044. 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 October 04, 2007, 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 -4504 or Wayne.Wells@myclearwater.com. Sincerely yours, I\t /�, "% Wavn Wells, AICP Planner III Letter of Completeness - FLS2007 -09044 - 161 BRIGHTWA TER DR UNITS 1 -10 Fax Cover Memo CITY OF CLEARWATER PLANNING DEPARTMENT 100 SOUTH MYRTLE AVENUE, 2ND FLOOR CLEARWATER, FL 33756 (727) 562 -4567 FAX: (727) 562 -4865 TO: I � �/��`r�2 DATE: 9IS'J 0i FAX: J-t? - 8 3o4 TELEPHONE: (a,3 t - 3 } Q'7 FROM: Wayne M. Wells. TELEPHONE: (7127, ) 562 -4504 SUBJECT: MESSAGE: w NUMBER OF SHEETS (INCLUDING THIS PAGE): Z- ��, ,��. 4 ' i i E �' v �� , � •i � '�, ' I { I i ' i I ' ' I 1 i; I f �1 � I 1 i � i II I I I I i ,I ,,, I� I � f t� 4 1 .� ' 1 � I� �' I ', i I 1 , I'. i f i I � 1 s I i ; � i s I � I. I ` I' .i I I ' ', II ( �, I i t �� ' i i 1 � i _ ',� ' ' I i i ' i I � I S'. � � II� I f I� I � f t� �. 1 �� 1� � l l i j � � � �. I � � i I 1 � I � � � i I� j s I i ; � i s I � I ! I ` j ,' F � i !` � � �, I i t �� t i k I � I ! � I I i I I '� � � I ii I ! � � i� I I '� t r � —' { � 1 - ; � � � j � � j � i � 1 � � � ' ' _ _ i I I I i II I ^ I � I � � � I I � I � I i � li k ! 1 'I j- I 1 j' I � �� (' { ,. r c i �I� i i y � � {. � � 'I � ± I I �. 1 '. � I. � i I i - I �. I � I i I � � !� � j� �` ; I! I I. 1� i ..� 1 �' i � T. �. ' I �' � �1 i + �i it � i � 1 I ��1 �I � � � i i � i i. ii �� ; � � � 1 E �i tr '' I 'f } L; � .1 - 1 � I 1 1 � i � � � - � � � �� ,, ,, �I {` � i � 1 , I I j � 'Clearwater September 05, 2007 Ron Augustine 161 Brightwater Dr Unit 9 Clearwater. F133767 CITY OF CLE *RWATER PLANNING DEPARTMENT MUNICIPAL SERVICES BUILDING 100 SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756 TELEPHONE: (727) 562 -4567 FAX: (727) 562 -4576 WW W.MYCLEARWATER.COM VIA FAX: 727 - 442 -8304 RE: FLS2007 -09044 -- 161 BRIGHTWATER DR UNITS 1 -10 -- Letter of Incompleteness Dear Ron Augustine: The Planning Staff has entered your application into the Department's filing system and assigned the case number: FLS2007- 09044. After a preliminary review of the submitted documents, staff has determined that the application is Incomplete with the following comments. 1. Not all units are owned by Clearwater Townhomes Inc. Need to include all property owners names on the application (or attached sheet) and have an affidavit to authorize agent signed by each owner authorizing you to be their agent. 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 noon on Tuesday, September 11, 2007. If you have any questions, please do not hesitate to contact me at 727 -562 -4504 or Wayne.Wells@myclearwater.com. Sincerely yours, kl&L Wa e Wells Planner III Letter oflncompleteness - FLS2007 -09044 - 161 BRIGHTWATER DR UNITS I -10 _T r - Fax Cover Memo CITY OF CLEARWATER PLANNING DEPARTMENT 100 SOUTH MYRTLE AVENUE, 2ND FLOOR CLEARWATER, FL 33756 (727) 562 -4567 FAX: (727) 562 -4865 TO: v�'� DATE: 0 7 FAX: 4-42-- $ 3 G 4 TELEPHONE: 4er L - $ 3 o FROM: Wayne M. Wells TELEPHONE: (727) 562 -4504 SUBJECT: / (a ( bv, Pr-. NUMBER OF SHEETS (INCLUDING THIS PAGE): J TO, ' FAX Sep. 04 2007 11:13AM YOUR LOGO ' ;i i YOUR FAX NO. :17275624865 MODE, CSIMILE ISTART TIME USAGE 'T i mLl bDEl PAGES RESULT Sep. 04 11:06AM 06'58 SNE( 19 OK jl URN OFF REPORT, PRESS I 34. MENU M ' SELECT : OFF USING +9!OR 9-9 it FAX 0435- 7329). Viz"GE ASSISTANCE, PLEASE CALL 1-600- ZONING DISTRICTS § 2 -802 5. Off-street parking: 6. Front setback: a. Adequate parking is available on a a. The reduction in front setback con - shared basis as determined by all tributes to a more active dynamic existing land uses within 1,000 feet street life; of parcel proposed for development, b. The reduction in front setback . re- or parking is available through any sults in an improved site plan or existing or planned and committed unproved design and appearance. parking facilities or the shared park - ing formula in Article 2, Division 14; 7. Off - street parking. b. The physical characteristics of a pro- a. Adequate parking is available on a posed. building are such that the shared basis as determined by all likely uses of the property will re- existing land uses within 1,000 feet quire fewer parking spaces per floor of the parcel proposed for develop - area than otherwise required or that ment, or parking is available through the use of significant portions of the any existing or planned and commit- building will be used for storage or ted parking facilities or the shared other. non - parking demand- generat- parking formula in Article 2, Divi- mg purposes. sion 14; or 6. Height :. The:increased height results in an b. The physical characteristics of a pro- improved site :plan or improved design posed building are such that the and appearance. likely uses of the property will re- quire fewer parking spaces per floor I. Outdoor recreation /entertainment. area than otherwise required or that 1. The parcel proposed for development is the use of significant portions of the building are used for storage or other not contiguous to a parcel of land which is non- parking demand- generating pur- designated as residential in the Zoning Atlas; poses. 2. All signage is a part of a comprehensive �J Overnight accommodations. sign program; Location: The use of the parcel proposed 3. Sound amplification is designed and con - �.G for development will not involve direct strutted to ensure that no amplified sound access to a major arterial street; can be heard to the extent that the sound Height: The increased height results in an is recognizable in terms of the meaning of improved site plan and/or improved de- words or melody when wind conditions sign and appearance; are less than ten miles per hour at a distance of more than 100 feet in all Signs: No sign of any kind is designed or directions or when wind conditions are located so that any portion of the sign is ten miles per hour or greater at a distance more than six feet above the finished of more than 150 feet in all directions; grade of the front lot line of the parcel proposed for development unless such 4. All outdoor lighting is designed and con- signage is a part of an approved compre- structed so that no light falls directly on hensive sign program; land other than the parcel proposed for development; Q Setbacks: 5. The design of all buildings complies with a., The reduction in front setback con- the Tourist District design guidelines in tributes to a more active and dy- Division 5 of Article 3. namic street life; Supp. No. 6 CD2:69 § 2 -802 COMMUNITY DEVELOPMENT CODE b. The reduction in front setback re- sults in an improved site plan or improved design and appearance; c.. The reduction in side and rear set - backs does not prevent access to the rear of any building by emergency vehicles; d. The reduction in side and rear set - backs results in an improved site plan, more efficient parking or im- proved design and appearance; e. The reduction in side and rear set- backs does not reduce the amount of landscaped area otherwise required. The design of all buildings complies with `�• the Tourist District design guidelines in Division 5 of Article 3. 6. Lot width: The reduction in lot width will not result in a building which is out of scale with existing buildings in the imme- diate - vicinity of the parcel proposed for development. K Parking garages and lots. 1. The parcel proposed for development is not contiguous to land designated as 'res- idential in the Zoning Atlas; 2. Access to and from the parking garage or lot shall be based on the findings of a transportation analysis approved by the city; 3. The stacking spaces available for cars waiting to pass through a parking ticket dispensable or booth to enter the garage or lot shall be based on the design and size of, the garage or log;; 4. . Any frontage along a public street is land- scaped or designed to be similar in char- acter and use to other uses fronting on each street for a distance of -250 feet in either direction along the street or the nearest intersections, whichever is less; 5. Parking structures are designed, con- structed and finished so that the struc- ture of the garage is architecturally com- patible the design and character of adjacent principal uses; Supp. No. 6 CD2:70 6. There is an unmet existing demand for additional parking in the immediate vi- cinity of the parcel proposed for develop- ment; 7. Construction of a parking structuremould not otherwise be physically feasible; 8. The front and rear setbacks which are provided are improved as an arcade or with other active pedestrian/commercial areas for sidewalk cafes, sidewalk ven- dors, street furniture or urban amenities; 9. The design of all buildings complies with the Tourist District design guidelines in Division 5 of Article 3. 10. .Front setback: a. The reduction in front setback con- tributes to a more active dynamic street life; b. The reduction in front setback re- sults in an improved site plan or improved design and appearance. 11. Rear setback: a. The reduction in rear setback does not prevent access to the rear of any building by. emergency vehicles; b. The reduction in rear setback re- sults -in an improved site plan, more efficient parking or improved design and appearance; C. The reduction in rear setback re- sults in landscaping in-excess of the minimum required. L. Parks and recreation facilities. 1. The proposed use is compatible with the surrounding properties. 2. Off - street parking is screened from adja- cent parcels of land and any street by a landscaped wall or fence of at least four feet in height. 3. All outdoor lighting is designed so that no light fixtures cast light directly on adja- cent land used for residential proposes. 4. Off - street parking: Adequate parking is available on a shared basis as determined CDB Meeting Date: JanuM 21, 2003 Case Number: FLD2002- 11042/PLT2002 -11005 Agenda Item: D5 CITY OF CLEARWATER PLANNING DEPARTMENT STAFF REPORT BACKGROUND INFORMATION: OWNER/APPLICANT: Brightwater Investment Establishment REPRESENTATIVE: Mr. Housh Ghovaee LOCATION: 161 Brightwater Drive REQUEST: Flexible Development approval for attached dwellings within the Tourist District with -reductions of the side (east) setback from 10 feet to 4.5 feet (to building) and from 10 feet to six feet (to pavement), reductions of the side (west) setback from 10 feet to 4.8 feet (to building) and from 10 feet to six feet (to pavement), reductions of the rear (south) setback from 20 feet to 18 feet (to building) and from 20 feet to zero feet (to boardwalk) and to permit parking that is designed to back into the public right -of -way, as a Comprehensive Infill Redevelopment Project, under the provisions of Section 2 -803.0 and Preliminary Plat approval for 10 lots. PLANS REVIEWED: Site plan submitted by Northside Engineering Services, Inc. SITE INFORMATION: PROPERTY SIZE: 0.47 acres; 20,847 square feet DIMENSIONS OF SITE: 180 feet of width by 113 feet of depth PROPERTY USE: Current Use: Vacant Proposed Use: Attached townhome dwellings PLAN CATEGORY: RFH, Resort Facilities High Classification ZONING DISTRICT: T, Tourist District Staff Report — Community Development Board — January 21, 2003 — Case FLD2002-11042/PLT2002- 11005 —Page 1 ADJACENT LAND USES: North: Overnight accommodations West: Overnight accommodations East: Attached dwellings South: Water; Single - family dwellings CHARACTER OF THE IMMEDIATE VICINITY: Multi- family dwellings and overnight accommodation uses dominate the immediate vicinity. ANALYSIS: The rectangular site is 0.47 acres located on the south side of Brightwater Drive, approximately 800 feet east of Hamden Drive, and is currently vacant. It is located along a highly developed area within Clearwater Beach and has frontage along Clearwater Bay. The site is located within the Small Motel District of Beach By Design which provides for the redevelopment of Brightwater Drive with townhomes and timeshares between two and four stories above parking. The proposal includes constructing a 10 -unit three -story townhome building. The building will contain two floors of living area above one floor of ground -level parking. Each unit will be approximately 3,000 square feet in area, including the ground floor garage /storage area. An additional 460 square feet is within lanais. The parking under the building will include two garage spaces per unit.. Unit driveways will be paired in the middle (21 -foot wide), whereas the end units will have a single -wide driveway (nine feet wide). The design requires that cars back out into the right -of -way to exit the site. The Community Development Code prohibits "back out" parking for any uses other than detached dwellings. The driveway length will permit a vehicle to completely "back out" of the garage, thus eliminating the garage walls as a potential view obstruction of the sidewalk and street. The development will operate as, and have the characteristics of, single - family detached homes, including the individual garages. The site is located on Brightwater Drive, which is a cul -de -sac street approximately 1,600 in length and generally used only by persons with a destination on the street. From a traffic standpoint, this concept of "back out' parking for townhomes may be acceptable on a low volume cul -de -sac street such as this. It should not be considered, however, as a precedent for deviation from the Code provision of restricting "back out' movement into the right -of -way for single- family residential uses only, and will be reviewed on a case -by -case basis. The request is to permit attached dwellings within the Tourist District with reductions of the side (east) setback from 10 feet to 4.5 feet (to building) and from 10 feet to six feet (to pavement), reductions of the side (west) setback from 10 feet to 4.8 feet (to building) and from 10 feet to six feet (to pavement) and reductions of the rear (south) setback from 20 feet to 18 feet (to building) and from 20 feet to zero feet (to boardwalk), as a Comprehensive Infill Redevelopment Project, under the provisions of Section 2- 803.C. The reductions in side setback is a function of the unit size and will provide additional landscaping and a more economically, viable project. The reduction in the rear setback for the building is due to the irregular shape of the property. The southwest corner of the building exceeds the minimum setback (21 feet), whereas the southeast corner is at a 18 -foot setback. The rear setback reduction is otherwise to provide pedestrian access to the water and future docks. Staff Report — Community Development Board — January 21, 2003 — Case FLD2002-11042/PLT2002- 11005 — Page 2 The Mediterranean architecture of the buildings will include neutral -color (taupe) stucco, white barrel tile roof, a number of windows on all elevations and balconies on both the rear of the second and third floors. The trim and detail (banding) color will be white. The building will also be articulated with the second -floor unit entries recessed from the front fagade and accessed from the ground/first floor by individual stairs. On the rear of the building, units will be provided with roof -top decks accessed via spiral staircases for additional outdoor living areas. The landscape plan meets the Code requirements, utilizing a variety of a colorful groundcover (lantana), shrubs (including Indian hawthorn and viburnam) and trees (including washingtonia palms, magnolia, Spanish cherry and crape myrtle). Additional landscaping will be possible on the roof -top decks at the rear of the building. Landscaping between the driveways may not accommodate the amount and/or types of landscaping proposed: The landscape plan should be modified and/or clarified prior to the issuance of building permits. Solid waste will be removed via black barrel service for each unit. All required Parks and Recreation fees will be required to be paid prior to the issuance of any building permits. The applicant will be selling the units fee simple, which includes land, and will record a Final Plat prior to the issuance of building permits. No docks are proposed at this time. Future docks over 500 square feet will require Flexible Development Level Two approval through the Community Development Board. CODE ENFORCEMENT ANALYSIS: There are no outstanding enforcement issues associated with this site. A. COMPLIANCE WITH MAXIMUM DEVELOPMENT POTENTIAL STANDARD IN THE TOURIST DISTRICT (Section 2- 801.1): STANDARD REQUIRED/ PERMITTED EXISTING PROPOSED IN COMPLIANCE? DENSITY 30 dwelling units per Vacant 10 dwelling Yes acre (14 units) /40 units overnight accommodation units per acre (18 units IMPERVIOUS 0.95 0.00 0.73 Yes SURFACE RATIO ISR Staff Report — Community Development Board — January 21, 2003 — Case FLD2002-11042/PLT2002- 11005 — Page 3 B. FLEXIBLE DEVELOPMENT STANDARDS FOR COMPREHENSIVE INFILL REDEVELOPMENT PROJECTS IN THE TOURIST DISTRICT (Section 2 -803): STANDARD PERMITTED/ EXISTING PROPOSED IN REQUIRED COMPLIANCE? LOT AREA N/A 20,847 square 20,847 square Yes minimum feet feet LOT WIDTH N/A 180_feet 180 feet Yes minimum FRONT N/A Vacant North: 20 feet to Yes SETBACK 'building REAR N/A Vacant South: 18 feet to Yes SETBACK building; zero feet to boardwalk SIDE N/A Vacant East: 4.5 feet to Yes SETBACK building; six feet to pavement West: 4.8 feet to building; six feet to pavement HEIGHT N/A Vacant 25 feet Yes maximum PARKING Determined by Vacant 20 spaces (two Yes SPACES the Community per dwelling minimum Development unit) Director based on the specific use and/or ITE Manual standards C. FLEXIBILITY CRITERIA FOR COMPREHENSIVE INFILL REDEVELOPMENT PROJECTS IN THE TOURIST DISTRICT (Section 2 -803 (B)): 1. The development or redevelopment of the parcel proposed for development is otherwise impractical without deviations from the use, intensity and development standards. The subject property was developed in the past as overnight accommodations. The existing buildings and other site improvements were demolished in approximately 1985 and the site has remained vacant since that time. The proposal includes the development of the site with attached dwellings. The applicant desires to develop in an emerging, residential neighborhood with direct access to Clearwater Harbor and the Gulf. The subject site is identified in "Beach by Design " as a future residential neighborhood. Staff Report — Community Development Board — January 21, 2003 — Case FLD2002-11042/PLT2002- 11005 — Page 4 The applicant will provide mid - level, luxury townhomes compatible with Beach by Design. A minimum of 10 townhomes of the size proposed is needed to make this project financially feasible. The applicant desires a building residential in character. The requested setback reductions and "back out" parking make the site more marketable and usable resulting in a building consistent with Beach by Design. All surrounding properties along Brightwater Drive currently have "back out" parking into the right -of -way. The .majority of those existing parking spaces for the surrounding properties are located within the right -of -way. While the proposed parking for the townhomes will be within the garages, vehicles will be able to park outside the garage without extending into the right - of -way or over the public sidewalk. 2. The development of the parcel proposed for development as a Comprehensive Infill Redevelopment Project will not reduce the fair market value of abutting properties. The proposed residential townhomes will help stabilize and likely enhance property values in the area. The current assessed valuation of the site is $522,100. With the redevelopment proposal, the assessed valuation is projected at $4,800,000. This increase in property value is expected to have a beneficial effect on surrounding properties. 3. The uses within the Comprehensive Infill Redevelopment Project are otherwise permitted in the City of Clearwater. The City of Clearwater generally permits attached dwellings and specifically within the Tourist District. The request is being processed as a Comprehensive Infill Redevelopment Project due to the proposed reduction in setbacks and the proposed "back out" parking. 4. The use or mix of uses within the Comprehensive Infill Redevelopment Project is compatible with adjacent land uses. Attached dwellings (condos) are located to the east, while overnight accommodation uses dominate the surrounding properties to the north and west. Across the water to the south are single - family dwellings (zoned LMDR). The site is located within the Small Motel District of Beach By Design which recommends the redevelopment of Brightwater Drive with townhomes between two and four stories above parking. The proposal is to construct a 10 -unit, three -story attached dwelling building. The building will contain two floors of living area above one floor of ground -level parking. The proposal will aid in the revitalization of the Brightwater Drive and Clearwater Beach as a whole. This location provides an opportunity to redevelop a portion of Clearwater that is currently undergoing renewed investment and redevelopment. 5. Suitable sites for development or redevelopment of the uses or mix of uses within the Comprehensive Infill Redevelopment Project are not otherwise available in the City of Clearwater. Staff Report — Community Development Board — January 21, 2003 — Case FLD2002-11042/PLT2002- 11005 —Page 5 The location of the site, in relation to Clearwater Harbor and the Gulf of Mexico, makes it uniquely and ideally suited for the proposed attached dwelling development. The applicant desires to locate a multi - family development with a single - family character along waterfront property within an emerging, residential neighborhood. Properties with these characteristics are limited within the City. The developer is also eager to construct a project consistent with and encouraged by Beach by Design and is constructing a similar project at 200 Brightwater Drive. 6. The development of the parcel proposed for development as a Comprehensive Infill Redevelopment Project will upgrade the immediate vicinity of the parcel proposed for development. The development and design of the project will benefit the community both functionally and aesthetically. The Mediterranean architecture and landscape design will set a new standard for the area. It may influence similar redevelopment efforts in the area. 7. The design of the proposed Comprehensive Infill Redevelopment Project creates a form and function which enhances the community character of the immediate vicinity of the parcel proposed for development and the City of Clearwater as a whole. The proposed development will play a role in the continuing positive, redevelopment changes of Clearwater Beach. The City will benefit by having a revitalized site and buildings. The site is located within the Small Motel District of Beach By Design which recommends the redevelopment of Brightwater Drive with townhomes between two and four stories above required parking. The City will benefit by having an attractive building located in a redeveloping area. The proposed building and landscape enhancements will significantly improve the site. The proposal incorporates well - articulated, unified elevations and coordinated architectural elements. 8. Flexibility in regard to lot width, required setbacks, height and off - street parking are justified by the benefits to community character and the immediate vicinity of the parcel proposed for development and the City of Clearwater as a whole. The proposed development will visually enhance the immediate area through the construction of an attractive residential development. The proposed project reflects the City's vision of a revitalized Clearwater Beach and is consistent with Beach by Design. The site is generally unmarketable and unusable without the requested allowance to permit "back out" parking for attached dwellings and the requested side and rear setback reductions. 9. Adequate off - street parking in the immediate vicinity according to the shared parking formula in Division 14 of Article 3 will be available to avoid on- street parking in the immediate vicinity of the parcel proposed for development. Staff Report — Community Development Board — January 21, 2003 — Case FLD2002-11042/PLT2002- 11005 —Page 6 Adequate parking will be provided on -site. The proposal, as part of a Flexible Development for attached dwellings, would require 1.5 spaces per dwelling unit or 15 spaces. The proposal includes two garage spaces per dwelling unit or 20 spaces. D. GENERAL APPLICABILITY (Section 3 -913): Conditions which are imposed by the Community Development Coordinator and the Community Development Board pursuant to a Level One or a Level Two Approval shall ensure that: 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 area is characterized with modest one and two -story multi - family dwellings and overnight accommodations. This proposal includes luxury, attached dwellings with a future dock as an amenity. It will provide a positive redevelopment example for the area. The development complies with density and impervious surface ratio standards within the Tourist District. The site is located within the Small Motel District of Beach By Design. Beach By Design includes the redevelopment of Brightwater Drive with townhomes between two and four stories above required parking. The proposal is consistent and in harmony with the scale, bulk, coverage, density and character of the adjacent properties and with Beach by Design. 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 site is zoned Tourist District and the surrounding area is characterized by overnight accommodation and multi - family dwellings. The character and intensity of the proposed development will be in compliance with that zoning classification. The development complies with density and impervious surface ratio standards within the Tourist District. The proposal is consistent with Beach By Design and will help generate a more appropriate mix of residential uses and encourage the like - redevelopment of other sites. 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 proposed residential use should not create any adverse health or safety impacts in the neighborhood, is permitted in the Tourist District and is encouraged Beach By Design. The proposal includes 10 owner- occupied, attached dwelling units with landscaping and parking spaces in excess of Code requirements, with future docks planned. 4. The proposed development is designed to minimize traffic congestion. The proposal includes developing the site with 10 attached dwellings replacing the former overnight accommodation use demolished in approximately 1985. Vehicle trip generation should decrease over the former use with this proposal, will not have any significant, Staff Report — Community Development Board — January 21, 2003 — Case FLD2002-11042/PLT2002- 11005 —Page 7 negative impact on affected intersections or roadways and with no reduction in level of service (LOS) on Brightwater Drive. A minimum of 20 feet is provided between the garage door and the proposed public sidewalk within the right -of -way, permitting a vehicle to completely and safely "back out" of the garage. From a traffic standpoint, the concept of "back out" parking may be acceptable on a low volume cul -de -sac such as this. It should not be considered a precedent for deviation from the Code provision of permitting "back out" movement into the right -of -way for single - family detached dwellings only. 5. The proposed development is consistent with the community character of the immediate vicinity of the parcel proposed for development. The proposed development is consistent with and will raise the standards of the community character of the immediate vicinity, through attractive architecture and well - designed landscaping. 6. The design of the proposed development minimizes adverse effects; including visual, acoustic and olfactory and hours of operation impacts, on adjacent properties. The proposal includes constructing a new building with attractive architecture and well - designed landscaping. An excess of parking will be provided. The level of service on Brightwater Drive will not be degraded. The site will be serviced by black barrels for trash, which will be stored in the garages on non -trash pickup days. SUMMARY AND RECOMMENDATION: The application and supporting materials were reviewed by the Development Review Committee on December 12, 2002. The Planning Department recommends APPROVAL of the Flexible Development application for attached dwellings within the Tourist District with reductions of the side (east) setback from 10 feet to 4.5 feet (to building) and from 10 feet to six feet (to pavement), reductions of the side (west) setback from 10 feet to 4.8 feet (to building) and from 10 feet to six feet (to pavement), reductions of the rear (south) setback from 20 feet to 18 feet (to building) and from 20 feet to zero feet (to boardwalk) and to permit parking that is designed to back into the public right -of -way, as a Comprehensive Infill Redevelopment Project, under the provisions of Section 2 -803.0 and Preliminary Plat approval for 10 lots for the site at 161 Brightwater Drive, with the following bases and conditions: Bases for Approval: 1. The proposal complies with the Flexible Development criteria as a Comprehensive Infill Redevelopment Project per Section 2- 804.C. 2. The proposal is in compliance with other standards in the Code including the General Applicability Criteria per Section 3 -913. 3. The development is compatible with the surrounding area and will enhance other redevelopment efforts. Staff Report — Community Development Board — January 21, 2003 — Case FLD2002-11042/PLT2002- 11005 — Page 8 e Conditions of Approval: 1. That the final design and color of the building be consistent with the conceptual elevations submitted to, or as modified by, the CDB; 2. That the National Fire Protection Association (NFPA) 303 standards for "marinas and boatyards" be met to the satisfaction of the Fire Department prior to the issuance of building permits; 3. That all Parks and Recreation fees be paid prior to the issuance of any building permits; 4. That all applicable requirements of Chapter 39 of the Building Code be met related to seawall setbacks; 5. That all storm water, water and sewer design standards of the Engineering Department be met prior to the issuance of building permits; and 6. That a revised landscape plan, to the satisfaction of the Planning Department, be submitted prior to the issuance of building permits. Prepared by: Planning Department Staff: Wayne M. Wells, Senior Planner ATTACHMENTS: Aerial Photograph of Site and Vicinity Location Map Future Land Use Map Zoning Atlas Map Application IWS5cIPDSOanningDepartmentlCD BITLEXIPending cases Teviewed and PendingTrightwater 161 Island TownhomesTrightwater 161 Staff Report.doc Staff Report — Community Development Board — January 21, 2003 — Case FLD2002-11042/PLT2002- 11005 — Page 9 t, ORIGINAL RECEIVED AUG 17 2007 Wayne Wells 8/15/07 PLANNING DEPARTMENT City of Clearwater Planning Department CITY OF CLEARWATER Re: Island Townhomes, 161 Brightwater Dr. Clearwater Fl. 33767 Mr:. Wells, The purpose of this correspondence is to provide you with an overview of the above referenced project, and provide the owners plan to market the remainder of the four unsold units. All improvements have been completed in accordance with the Development Order dated 1/28/03 and subsequent approvals for the pool and docks. The Homeowners Association has been established and is currently maintaining the property. It is the owners (Clearwater Townhomes Inc,) intent to market the remaining unsold units (4) as Fractional. It is not the intent to change the use of the property, the Residential Use shall remain as initially approved. The units will be used by the individuar owners on a fractional basis (1/8- 6 weeks- 4maintenance weeks) on a predetermined basis. The intensity and density shall remain the same as if a single owner occupied the unit. The impact will be the same as a "second home ",. owners will be on vacation that will further add to the local tourism economy. The management company will oversee the day -to -day operations. Each unit will have a "lock Box" type key system to allow for after hours entry. Weekly maid service will be provided and a 24 -hour contact if an owner requires assistance. There is ample storage in every unit to allow for owners personal items as well as cleaning supplies. Each unit is fully furnished with a complete appliance package inclusive of washer and dryer. In reviewing the initial development order, the approval allows for this type of ownership at this location. Research reflects this type of ownership is a cost effective way to own a vacation home at a destination location. If you have any other questions please call me at 727/638/3907. Si cerel , r Ron Augustine tz Endeavor Endeavor Encl: Owners Release Project Photo's I Angelika Marcordes with this document am giving permission to release documents and information to undersigned agents of Endeavor of Clearwater. Clearwater Island Town Homes Inc. Endeavor of Clearwater registered agents. 4Angpa Marcordes L, -2 -7 -01 Kon Augustine ORIGINAL RECEIVED AUG 17 2007 PLANNING DEPARIMEM CITY OF CLEARWAIER ORIGINAL RECEIVED AUG 17 2007 PLANNING DEPARTMENT CITY OF CLEARWATER ORIGINAL RECEIVE[ 'AUG 17 2007 PLANNING DEPARIMEN1 CITY OF CLEARWATER WWI ORIGINAL RECEIVE[ 'AUG 17 2007 PLANNING DEPARIMEN1 CITY OF CLEARWATER ORIGINAL RECEIVED 'AUG 17 2007 PLANNING DEPAR'IMEM CITY OF CLEARWATER PLANNING DEPARTMENT 100 SOUTH MYRTLE AVENUE, 2ND. FLOOR CLEARWATER, FL 33756 (727) 562 -4567 FAX: (727) 562 -4865 TO: /—P-s o - .S lex DATE: /2,1-19 7 FAX: 5(o2-- 4 0 2-1 TELEPHONE: �- FROM: Wayne M. Wells TELEPHONE: (727) 562 -4504 r SUBJECT: I<-pn _ .i� e MESSAGE: NUMBER OF SHEETS (INCLUDING THIS PAGE): f Aug. 24 2007 01:53PM YOUR LOGO i : ! j YOUR FAX NO. 7275624865 NO.. OTHER FACSIMILE ' iSTART'TIME ! USAGE TIMEI MODE! :IPAGES RESULT 0 956240210 � 03 1 I i j a TO TURIN OFF T, PRESS 'MENU' #04. i . THENI SELECT OFF �Y US I NG 'I +' 1 OR 9=9. j 1 i rnp g7ov Ord IOHTOf= OK-,q T 4--Tc*jrr- _ PI Ip-nfiG f Ol 1 9 — Amm —wrR P F4X , f d7S -77' OK 12 :45 pm Case Number: FLS2007- 09644 -- 161 BRIGHTWATER DR UNITS 1 -10 Owner(s): Clearwater Townhomes Inc 4, v 7087 Grand National Dr # 100 Orlando, F132819 TELEPHONE: No Phone, FAX: No Fax, E -MAIL: No Email Representative: Ron Augustine C 161 Brightwater Dr Unit 9 Clearwater, F133767 TELEPHONE: 727 - 638 -3907, FAX: 727 - 442 -8304, E -MAIL: Rjskl234 @aol.com Location: 0.478 acres located on the south side of Brightwater Drive, approximately 800 feet east of Hamden Drive. Atlas Page: 276A Zoning District: T, Tourist Request: Flexible Standard Development approval to permit overnight accommodations (timeshares) in existing Units 6, 7, 8, 9 and 10 in the Tourist District where 10 attached dwellings (townhomes) were previously approved and constructed under FLD2002- 11042, under the provisions of Section 2- 703.M. Proposed Use: Overnight accommodations Neighborhood Clearwater Neighborhoods Coalition Association(s): Clearwater, F133758 P O Box 8204 TELEPHONE: No Phone, FAX: No Fax, E -MAIL: No Email Neighborhood Clearwater Beach Association Association(s): Clearwater, F133767 100 Devon Dr TELEPHONE: 443 -2168, FAX: No Fax, E -MAIL: papamurphy @aol.com . Presenter: Wayne Wells, Planner III Attendees Included: City: Wayne Wells, Neil Thompson, Jim Keller Applicant: Ron Augustine, Ed Smeltz The DRC reviewed this application with the following comments: General Engineering: 1 , No issues. Environmental: I , No Issues. Fire: 1 . This will become a mixed occupancy per Florida Fire Prevention Code, NFPA 101. As such the more stringent requirements of the Hotel Occupancy will need to be addressed. A Fire Alarm system will be required to be installed throughout the building and you must provide 75 db- sound level in all sleeping rooms. Also in the units used for for timeshare there must be strobes installed in the sleeping rooms for the hearing impaired. Acknowledge intent to comply PRIOR TO DO Harbor Master: 1 . No issues. Legal: I , No comment. Land Resources: 1 . No Issues. Landscaping: 1 . No issues. Parks and Recreation: 1 . No issues - change of development order (P &R impact fees have been paid on this project). Stormwater: I , No Issues. Solid Waste: 1 , No issues. Traffic Engineering: I , No Issues. Development Review Agenda - Thursday, October 4, 2007 - Page 22 Planning: 1 . This overall property was originally approved as a residential project by the Community Development Board (CDB) as attached dwellings (townhomes) under Case No. FLD2002 -1 1 042 and subsequently constructed as townhomes. The proposed use of timeshares (interval ownership) falls under the use of "overnight accommodations," which is permissable in the "Small Motel District" of Beach by Design and under the Tourist District. The Code defines "overnight accommodations" as "any use that provides transient lodging accommodations to the public, including interval ownership." Interval ownership is defined as "an overnight accommodation, the ownership or contractual use of which is for a specified period of time, designed to be utilized as a temporary place of residence and counted as a hotel room for the purpose of applying the density standards of this development code." Under The Countywide Plan Rules, occupancy of the unit cannot be for less than one month. This proposal would actually make the use of the overall property a mixed use (five attached dwellings and five overnight accommodations). Five of the ten existing townhomes have been sold to individuals .with their intended occupancy as a dwelling, where similarity of use of the other units in this project was anticipated. It is unclear as to the impact of such a change of use of five units on the property value of the five units sold as townhomes. While there still remain some motels on Brightwater Drive, all approved redevelopment projects on Brightwater Drive have been for attached dwelling residential uses. Staff cannot support this proposal where such overnight accommodation usage is for only half the overall original project. Such proposed use is not consistent with the community character of the immediate vicinity of this overall original property, nor with the developed character of this property. 2. The approval granted by the CDB for attached dwellings (townhomes) included permission for parking that is designed to back into the public right -of -way (individual garages), as the parking for townhomes were viewed similar in ownership characteristics as detached dwellings. The Community Development Code in Section 3- 1402.0 does not permit parking that is designed to back into the public right -of -way for overnight accommodation uses. 3 . The Declaration of Covenants, Conditions and Restrictions for Island Townhomes (Declaration), recorded in OR Book 15022, Pages 631 -661, states that the use is for multi - family townhome residences with fee simple ownership. Timeshare ownership would be contrary to the Declaration. Other: No Comments Notes: Staff cannot support the proposal and intends to issue a Development Order of DENIAL for the application. Timeframe to make decision extended by mutual agreement at 10/4/07 DRC meeting. Development Review Agenda - Thursday, October 4, 2007 - Page 23 12:45 pm Case Number: FLS2007 -09044 -- 161 BRIGHTWATER DR UNITS 1 -10 Prot Owner(s): Clearwater Townhomes Inc O' 07 7087 Grand National Dr # 100 Orlando, F1 32819 TELEPHONE: No Phone, FAX: No Fax, E -MAIL: No Email Representative: Ron Augustine 161 Brightwater Dr Unit 9 Clearwater, F133767 TELEPHONE: 727- 638 -3907, FAX: 727 - 442 -8304, E -MAIL: Rjskl234 @aol.com Location: 0.478 acres located on the south side of Brightwater Drive, approximately 800 feet east of Hamden Drive. Atlas Page: 276A Zoning District: T, Tourist Request: Flexible Standard Development approval to permit overnight accommodations (timeshares) in existing Units 6, 7, 8, 9 and 10 in the Tourist District where 10 attached dwellings (townhomes) were previously approved and constructed under FLD2002- 11042, under the provisions of Section 2- 703.M. Proposed Use: Overnight accommodations Neighborhood Clearwater Neighborhoods Coalition Association(s): Clearwater, F133758 P O Box 8204 TELEPHONE: No Phone, FAX: No Fax, E -MAIL: No Email Neighborhood Clearwater Beach Association Association(s): Clearwater, F133767 100 Devon Dr TELEPHONE: 443 -2168, FAX: No Fax, E -MAIL: papamurphy @aol.com Presenter: Wayne Wells, Planner III Attendees Included: City: Wayne Wells, Neil Thompson, Scott Rice, Steve Doherty, Lenny Rickard Applicant: Ron Augustine The DRC reviewed this application with the following comments: General Engineering: 1 . No issues. Environmental: 1 . No Issues. Fire: I . This will become a mixed occupancy per Florida Fire Prevention Code, NFPA 101. As such the more stringent requirements of the Hotel Occupancy will need to be addressed. A Fire Alarm system will be required to be installed throughout the building and you must provide 75 db sound level in all sleeping rooms. Also in the units used for for timeshare there must be strobes installed in the sleeping rooms for the hearing impaired. Acknowledge intent to comply PRIOR TO DO Harbor Master: Legal: No issues. No comment. Land Resources: I , No Issues. Landscaping: I , No issues. Parks and Recreation: 1 . No issues - change of development order (P &R impact fees have been paid on this project). Stormwater: 1 . No Issues. Solid Waste: 1 . No issues. Traffic Engineering: 1 , No Issues. Development Review Agenda - Thursday, October 4, 2007 - Page 22 't �k Planning: 1 . This overall property was originally approved as a residential project by the Community Development Board (CDB) as attached dwellings ( townhomes) under Case No. FLD2002 -11042 and subsequently constructed as townhomes. The proposed use of timeshares (interval ownership) falls under the use of "overnight accommodations," which is permissable in the "Small Motel District" of Beach by Design and under the Tourist District. The Code defines "overnight accommodations" as "any use that provides transient lodging accommodations to the public, including interval ownership." Interval ownership is defined as "an overnight accommodation, the ownership or contractual use of which is for a specified period of time, designed to be utilized as a temporary place of residence and counted as a hotel room for the purpose of applying the density standards of this development code." Under The Countywide Plan Rules, occupancy of the unit cannot be for less than one month. This proposal would actually make the use of the overall property a mixed use (five attached dwellings and five overnight accommodations). Five of the ten existing townhomes have been sold to individuals with their intended occupancy as a dwelling, where similarity of use of the other units in this project was anticipated. It is unclear as to the impact of such a change of use of five units on the property value of the five units sold as townhomes. While there still remain some motels on Brightwater Drive, all approved redevelopment projects on Brightwater Drive have been for attached dwelling residential uses. Staff cannot support this proposal where such overnight accommodation usage is for only half the overall original project. Such proposed use. is not consistent with the community character of the immediate vicinity of this overall original property, nor with the developed character of this property. 2. The approval granted by the CDB for attached dwellings (townhomes) included permission for parking that is designed to back into the public right -of -way (individual garages), as the parking for townhomes were viewed similar in ownership characteristics as detached dwellings. The Community Development Code in Section 3- 1402.0 does not permit parking that is designed to back into the public right -of -way for overnight accommodation uses. 3 . The Declaration of Covenants, Conditions and Restrictions for Island Townhomes (Declaration), recorded in OR Book 15022, Pages 631 -661, states that the use is for multi - family townhome residences with fee simple ownership. Timeshare ownership would be contrary to the Declaration. Other: No Comments Notes: Staff cannot support the proposal and intends to issue a Development Order of DENIAL for the application. Development Review Agenda - Thursday, October 4, 2007 - Page 23 Wells, Wayne From: Dougall- Sides, Leslie Sent: Friday, September 14, 2007 4:57 PM To: Wells, Wayne Cc: Akin, Pam; Clayton, Gina Subject: RE: FLS2007- 09044, 161 Brightwater Drive Yes, it is acceptable assuming the backout parking request is permissible to go forward [see Gina's e- mail]. Please discuss with me before filing staff report. Leslie K. Dougall -Sides Assistant City Attorney City of Clearwater P.O. Box 4748 Clearwater, Florida 33758 (727) 562.-4010 phone (727) 562 -4021 fax Board Certified in City, County and Local Government Law Admitted in Florida, Oregon, and the District of Columbia Senior Professional in Human Resources - - - -- Original Message---- - From: Wells, Wayne Sent: Thursday, September 13, 2007 2:55 PM To: Dougall- Sides, Leslie Cc: Clayton, Gina; Thompson, Neil; Delk, Michael; Watkins, Sherry Subject: FLS2007- 09044, 161 Brightwater Drive Leslie - Ron Augustine, whom we have been discussing regarding "fractional ownership," has filed the above referenced application to permit "timeshares" as an overnight accommodation use in Units 6 - 10 of 161 Brightwater Drive. There are a total of 10 townhomes in this building. I need to send out notification letters to surrounding property owners. Following is what I have written as the request to be advertised: "Flexible Standard Development approval to permit overnight accommodations in existing Units 6, 7, 8, 9 and 10 in the Tourist District where 10 attached dwellings (townhomes) were previously approved and constructed under FLD2002- 11042 and to permit parking that is designed to back into the public right -of -way, under the provisions of Section 2- 703.M." Is the way this request is written acceptable for notification purposes to surrounding property owners? I need to send the notification letters out within the next few days. Anything you can do to help the cause is appreciated. Thanks. Wayne Wells, Wayne From: Clayton, Gina Sent: Friday, September 14, 2007 8:03 AM To: Wells, Wayne Subject: RE: FLS2OO7- 09044, 161 Brightwater Drive I threw out the citation because if she just read the overnight accommodation section she won't see that provision. - - - -- Original Message---- - From: Wells, Wayne Sent: Thursday, September 13, 2007 5:17 PM To: Clayton, Gina Subject: RE: FLS2007- 09044, 161 Brightwater Drive Right now I have thrown that in and am waiting to see if Leslie says anything. Suggestion? - - - -- Original Message---- - From: Clayton, Gina Sent: Thursday, September 13, 2007 3:42 PM To: Wells, Wayne; Dougall- Sides, Leslie Cc: Thompson, Neil; Delk, Michael; Watkins, Sherry Subject: RE: FLS2007- 09044, 161 Brightwater Drive Did we decide whether are not they could apply to back out into the right -of -way due to Section 3- 1402.0 - - - -- Original Message---- - From: Wells, Wayne Sent: Thursday, September 13, 2007 2:55 PM To: Dougall- Sides, Leslie Cc: Clayton, Gina; Thompson, Neil; Delk, Michael; Watkins, Sherry Subject: FLS2007- 09044, 161 Brightwater Drive Leslie - Ron Augustine, whom we have been discussing regarding "fractional ownership," has filed the above referenced application to permit "timeshares" as an overnight accommodation use in Units 6 - 10 of 161 'Brightwater Drive. There are a total of 10 townhomes in this building. I need to send out notification letters to surrounding property owners. Following is what I have written as the request to be advertised: "Flexible Standard Development approval to permit overnight accommodations in existing Units 6, 7, 8, 9 and 10 in the Tourist District where 10 attached dwellings (townhomes) were previously approved and constructed under FLD2OO2 -11042 and to permit parking that is designed to back into the public right -of -way, under the provisions of Section 2- 7O3.M." Is the way this request is written acceptable for notification purposes to surrounding property owners? I need to send the notification letters out within the next few days. Anything you can do to help the cause is appreciated. Thanks. Wayne gPinellas County Property App—�ser Information: 08 29 15 65980 000 0oQ0 Page 2 of 4 08 / 29 / 15 / 43454 / 000 / 0010 15 -Oct -2007 Jim Smith, CFA Pinellas County Property Appraiser 09:36:36 Ownership Information Condo /Pud Property Address, Use, and Sales KONDROTAS, DAMIAN OBK: 15225 OPG: 1416 931 WOODSBRIDGE CT SAFETY HARBOR FL 34695 -2958 EVAC: A EUAC Comparable sales value as Prop Addr: 161 BRIGHTWATER DR i of Jan 1, 2007, based on Census Tract: .00 sales from 2005 - 2006: 801,600 Sale Date OR Book /Page Price {Qual /UnQ} Vac /Imp Plat Information 7 /2,006 15,225/1,416 885,300 {Q} I 2003:.Book 127 Pgs 046 -047 0 /0 01 0 0 { } 0000: Book Pgs - 0 /0 0/ 0 0 { } 0000: Book Pgs - 0 /0 0/ 0 0 { } 2007 Value EXEMPTIONS Just /Market: 681,400 Homestead: NO Ownership % .000 Govt Exem: NO Use %: .000 Assessed /Cap: 681,400 Institutional Exem: NO Tax Exempt: .000 Historic Exem: 0 Taxable:. 681,400 Agricultural: 0 2007 Tax Information District: Cu Seawall: Frontage: Clearwater View: Intrac F 06 Tax: 5,549.82 Land Size Unit Land Land Land 07 Prop Tax: 13,585.13 Front x Depth Price Units Meth 07 Millage: 19.9371 1} 0 x 0 .00 .00 07 Spec Asmt: .00 2} 0 x 0 .00 .00 3} 0 x 0 .00 .00 Without the Save -Our -Homes 4} 0 x 0 .00 .00 cap, 2007 taxes will be 5} 0 x 0 .00 .00 13, 585.13 6} 0 x 0 . 00 . 00 Without any exemptions, 2007 taxes will be 13, 585.13 Short Legal ISLAND TOWNHOMES LOT i Description (CU PLAT 127 PG'S 46 & 47) Building Information http: // 136 .174.187.13 /htbin/cgi- click ?o =1 &a =1 &b =l &c =1 &r= .16 &s= 4 &u= 0 &p= 08 +29... 10/15/2007 Pinellas County Property Apr 'ser Information: 08 29 15 65980 000 0^10 08 / 29 / 15 / 43454 / 000 / 0010 Page 3 of 4 15 -Oct -2007 Jim Smith, CFA Pinellas County Property Appraiser 09:36:36 General Information Property Use: 233 Yr Blt: 2,006 Apt #: 1 Size: 2,260 Floor: 01 RECREATION SITE DATA View iww -full Building twnhse Swimming Pool Location corner Balcony /Porch opn Marina os CondolPlanne:d Un1t Extra FE3atur Description Dimensions Price Units Value RCD Year 1) . 00 0- 0 0 0 2) .00 0 0 0' 0 3) .00 0 0 0 0 4) .00 0 0 0 0 5) .00 0 0 0 0 6) .00 0 0 0 0 TOTAL RECORD VALUE: 0 http : //l 36.174.187.'l 3/htbin/cgi- click? o =1 &a =1 &b =1 &c =1 &r= .16 &s= 4 &u= 0 &p= 08 +29... 10/15/2007 Pinellas County Property Apr -,iser Information: 08 29 15 65980 000 ("'10 .i an 3639.8* r 04932 � Page 4 of 4 04932 65980* 43454 ��34Ubd* 1'� U 8,4YSIDE w Pinellas County Property Appraiser Parcel Information I� L http: // 136 .174.187.13 /htbin/cgi- click ?o =1 &a =1 &b =1 &c =1 &r= .16 &s= 4 &u= 0 &p= 08 +29... 10/15/2007 Property Appraiser General Ins --'nation: 08/29/15/43454/000 /0060 Car(' ' Interactive Map of this Comparable Sales Back to Query New Tax Collector parcel Listing Results Search Information 08/29/15/43454/000 /0060 Data Current as of September 10, SUPER EXEMPTION 2007 CALCULATOR [11:17 am Monday September 10] Condo / PUD Property Owner, Address, and Sales Print Floor: 01 of 01 Property Use: 233 Square footage: year Built: 2006 2260 ISLAND TOWNHOMES LOT 6 (CW PLAT 127 PG'S 46 & 47) Pagel of 3 Question/Comment about 2007 Exemptions Homestead: No Use: 0% Ownership: 0% Tax Exempt: 0% Government: No Institutional: No Agricultural: $0 Historic: $0 2007 Value Comparable Sales value based on sales from 2005 -2006: $785,900 Just/Market Value: $668,000 Assessed Value/ SOH Cap: $668,000 History Taxable Value: $668,000 A significant taxable value increase may occur when sold. Click here for details. Owner /Mailing Property Address Address CLEARWATER TOWNHOMES INC 7087 GRAND NATIONAL 161 BRIGHTWATER DR DR STE 100 Apt 6 ORLANDO FL 32819- 8316 Parcel Information Book/Page: Land Use: Single Family 12609/0375 (01) Census Tract: .00 Evacuation Zone: A 2007 Tax Information Tax District: CW Proposed Millage: 19.9371 Non Ad Valorem Assessments: $.00 Estimated Taxes: $13,318.00 Estimated Taxes without Save -Our- $13,318.00 Homes cap: Estimated Taxes without any $13,318.00 exemptions: Sale Date Book/Page Price Q/_U V/I No Recent Sales Plat Year Plat Book/Page(s) 2003 127/ 046 - 047 Recreation Swimming Pool Marina Site Data Exterior Wall: Masonry Parking/Garage: Two car garage attached Quality: Above Average Balcony/Porch: Open Porch View: Intracoastal Water Way - Full Building: Townhouse http: / /www.pcpao.org/ general_ condet .php ?pn = 1529084345400000601 9/10/2007 Property Appraiser General In-F--nation: 08/29/15/43454/000 /0070 Car,' ' Interactive Map of this Comparable Sales Back to Query New Tax Collector parcel Listing Results Search Information 08/29/15/43454/000 /0070 Data Current as of September 10, SUPER EXEMPTION 2007 CALCULATOR [11:18 am Monday September 10] Condo / PUD Property Owner, Address, and Sales Print Floor: 01 of 01 Property Use: 233 Square footage: year Built: 2006 2260 ISLAND TOWNHOMES LOT 7 (CW PLAT 127 PG'S 46 & 47) 2007 Exemptions Homestead: No Use: 0% Ownership: 0% Government: No Institutional: No Agricultural: $0 2007 Value Comparable Sales value based on sales from 2005 -2006: $785,900 Just /Market Value: $668,000 Assessed Value/ SOH Cap_$668,000 History Taxable Value: $668,000 A significant taxable value increase may occur when sold. Click here for details. Owner/Mailing Property Address Address CLEARWATER TOWNHOMES INC 7087 GRAND NATIONAL 161 BRIGHTWATER DR DR STE 100 Apt 7 ORLANDO FL 32819- 8316 Parcel Information Book/Page: Land Use: Single Family 1.2609/0375. (01) Census Tract: .00 Evacuation Zone: A Pagel of 3 Question/Comment about this page Tax Exempt: 0% Historic: $0 2007 Tax Information Tax District: CW Proposed Millage: 19.9371 Non Ad Valorem Assessments: $.00 Estimated Taxes: $13,318.00 Estimated Taxes without Save -Our- $13,318.00 Homes cap: Estimated Taxes without any $13,318.00 exemptions: Sale Date Book/Page Price X V/I No Recent Sales Plat Year Plat Book/Page(s) 2003 127/..046 - 047 Recreation Swimming Pool Marina Site Data Exterior Wall: Masonry Parking/Garage: Two car garage attached Quality: Above Average Balcony/Porch: Open Porch View: Intracoastal Water Way - Full Building: Townhouse http: / /www.pcpao.org /general _ condet.php ?pn = 1529084345400000701 9/10/2007 Property Appraiser General In-" - nation: 08/29/15/43454/000 /0080 Carr' ' Interactive Map of this Comparable Sales Back to Query New Tax Collector parcel Listen' Results Search Information 08/29/15/43454/000 /0080 Data Current as of September 10, SUPER EXEMPTION 2007 CALCULATOR [11:19 am Monday September 10] Condo / PUD Property Owner, Address, and Sales Print Floor: 01 of 01 Property Use: 233 Square footage: year Built: 2006 2260 ISLAND TOWNHOMES LOT 8 (CW PLAT 127 PG'S 46 & 47) Pagel of 3 Question/Comment about this page 2007 Exemptions Homestead: No Use: 0% Ownership: 0% Tax Exempt: 0% Government: No Institutional: No Agricultural: $0 Historic: $0 2007 Value Comparable Sales value based on sales from 2005 -2006: $785,900 Just/Market Value: $668,000 Assessed Value/ SOH Cap: $668,000 Hist oriy Taxable Value: $668,000 A significant taxable value increase may occur when sold: Click here for details. Owner /Mailing Property Address Address CLEARWATER TOWNHOMES INC 7087 GRAND NATIONAL 161 BRIGHTWATER DR DR STE 100 Apt 8 ORLANDO FL 32819- 8316 Parcel Information Book/Page: Land Use: Single Family 1.2609/0375. (01) Census Tract: .00 Evacuation Zone: A 2007 Tax Information Tax District: CW Proposed Millage: 19.9371 Non Ad Valorem Assessments: $.00 Estimated Taxes: $13,318.00 Estimated Taxes without Save -Our- $13,318.00 Homes cap: Estimated Taxes without any $13,318.00 exemptions: Sale Date Book/Page Price QX V/I No Recent Sales Plat Year Plat Book/Page(s) 2003 127/ 046....- ._047 Recreation Swimming Pool Marina Site Data Exterior Wall: Masonry Parking/Garage: Two car garage attached Quality: Above Average Balcony/Porch: Open Porch View: Intracoastal Water Way - Full Building: Townhouse http: / /www.pcpao.org/general _ condet.php ?pn= 1529084345400000801 9/10/2007 Property Appraiser General In" ~nation: 08/29/15/43454/000 /0090 Carr' ' Interactive Map of this Comparable Sales Back to Query New Tax Collector parcel Listing Results Search Information 08/29/15/43454/000 /0090 Data Current as of September 10, SUPER EXEMPTION 2007 CALCULATOR [11:19 am Monday September 10] Condo / PUD Property Owner, Address, and Sales Print Floor: 01 of 01 Property Use: 233 Square footage: year Built: 2006 2260 ISLAND TOWNHOMES LOT 9 (CW PLAT 127 PG'S 46 & 47) Page 1 of 3 Question/Comment about this-page 2007 Exemptions Homestead: No Use: 0% Ownership: 0% Tax Exempt: 0% Government: No Institutional: No Agricultural: $0 Historic: $0 2007 Value Comparable Sales value based on sales from 2005 -2006: $785,900 Just/Market Value: $668,000 Assessed Value/ SOH Cap: $668,000 Histor Taxable Value: $668,000 A significant taxable value increase may occur when sold. Click here for details. Owner /Mailing Property Address Address CLEARWATER TOWNHOMES INC 7087 GRAND NATIONAL 161 BRIGHTWATER DR DR STE 100 Apt 9 ORLANDO FL 32819- 8316 Parcel Information Book/Page: Land Use: Single Family 126090375 (01) Census Tract: .00 Evacuation Zone: A 2007 Tax Information Tax District: CW Proposed Millage: 19.9371 Non Ad Valorem Assessments: $.00 Estimated Taxes: $13,318.00 Estimated Taxes without Save -Our- $13,318.00 Homes cap: Estimated Taxes without any $13,318.00 exemptions: Sale Date Book/Page Price Q/U V/I No Recent Sales Plat Year Plat Book/Page(s) 2003 127/...046 .._047 Recreation Swimming Pool Marina Site Data Exterior Wall: Masonry Parking /Garage: Two car garage attached Quality: Above Average Balcony/Porch: Open Porch View: Intracoastal Water Way - Full Building: Townhouse http: / /www.pcpao.org/general _ condet.php ?pn= 1529084345400000901 9/10/2007 Property Appraiser General Inf-- nation: 08/29/15/43454/000 /0100 Cary' Interactive Map of this Comparable Sales Back to Query New Tax Collector parcel Listing Results Search Information 08/29/15/43454/000 /0100 Data Current as of September 10, SUPER EXEMPTION 2007 CA_ LCULATOR [ 11:23 am Monday September 10] Condo / PUD Property Owner, Address, and Sales Print Floor: 01 of 01 Property Use: 233 Square footage: year Built: 2006 2260 ISLAND TOWNHOMES LOT 10 (CW PLAT 127 PG'S 46 & 47) Page 1 of 3 Question/Comment about this page 2007 Exemptions Homestead: No Use: 0% Ownership: 0% Tax Exempt: 0% Government: No Institutional: No Agricultural: $0 Historic: $0 2007 Value Comparable Sales value based on sales from 2005 -2006: $801,600 Just/Market Value: $681,400 Assessed Value/ SOH Cap: $681,400 History Taxable Value: $681,400 A significant taxable value increase may occur when sold. Click here for details. Owner /Mailing Property Address Address CLEARWATER TOWNHOMES INC 7087 GRAND NATIONAL 161 BRIGHTWATER DR DR STE 100 Apt 10 ORLANDO FL 32819- 8316 Parcel Information Book/Page: Land Use: Single Family 12609/0375_ (01) Census Tract: .00 Evacuation Zone: A 2007 Tax Information Tax District: CW Proposed Millage: 19.9371 Non Ad Valorem Assessments: $.00 Estimated Taxes: $13,585.10 Estimated Taxes without Save -Our. $13,585.10 Homes cap Estimated Taxes without any $13,585.10 exemptions: Sale Date Book/Page Price Q/U V/1 No Recent Sales Plat Year Plat Book/Page(s) 2003 127/ 046= 047 Recreation Swimming Pool Marina Site Data Exterior Wall: Masonry Parking /Garage: Two car garage attached Quality: Above Average Balcony/Porch: Open Porch View: Intracoastal Water Way - Full Building: Townhouse http: / /www.pcpao.org /general _ condet.php ?pn = 1529084345400001001 9/10/2007 1. Pinellas County Property Appr - -qer Information: 08 29 15 43454 000 0010 Page 2 of 5 08 / 29 / 15 1 43454 / 000 / 0010 05- Sep -2007 Jim Smith, CFA Pinellas County Property Appraiser 11:53:35 Ownership Information Condo /Pud Property Address, Use, and Sales KOHDROTAS, DAMIAN OBK: 15225 OPG: 1416 931 WOODSBRIDGE CT SAFETY HARBOR FL 34695 -2958 EVAC: A EVAC Comparable sales value as Prop Addr: 161 BRIGHTWATER DR i of Jan 1, 2007, based on Census Tract: .00 sales from 2005 - 2006: 801,600 Sale Date OR Book /Page Price {Qual /UnQ} Vac /Imp Plat Information 7 /2,006 15,22511,416 885,300 {Q} I 2003: Book 127 Pgs 046 -047 0 /0 01 0 0 { } 0000: Book Pgs - 0 /0 01 0 0 { } 0000: Book Pgs - 0 10 01 0 0 { } 2007 Value EXEMPTIONS Just /Market: 681,400 Homestead: NO Ownership % .000 Govt Exem: NO Use %: .000 Assessed /Cap: 681,400 Institutional Exem: HO Tax Exempt %: .000 Historic Exem: 0 Taxable: 681,400 Agricultural: 0 2007 Tax Information District: Cu Seawall: Frontage: Clearwater View: Intrac F 06 Tax: 5,549.82 Land Size Unit Land Land Land 07 Prop Tax: 13,5$5.13 Front x Depth Price Units Meth 07 Millage: 19.9371 1} 0 x 0 .00 .00 07 Spec Asmt: .00 2} 0 x 0 .00 .00 3} 0 x 0 .00 .00 Without the Save -Our -Homes 4} 0 x 0 .00 .00 cap, 2007 taxes will be 5} 0 x 0 .00 .00 13, 585.13 6} 0 x 0 .00 . 00 Without any exemptions, 2007 taxes will be 13, 585.13 Short Legal ISLAND TOWNHOMES LOT i Description (CW PLAT 127 PG'S 46 & 47) Building Information http: // 136 .174.187.13 /htbinlcgi- scr3 ?o =1 &a =1 &b =1 &c =1 &r= .16 &s= 4 &t3 =1 &u= 0 &p= 08 +... 9/5/2007 P.jiellas County Property Appr - ;-,er Information: 08 29 15 43454 000 0010 Property and Land Use Code descriptions 08 29 / 15 43454 1 000 1 0010 Page 3 of 5 05- Sep -2007 Jim Smith, CFA Pinellas County Property Appraiser 11:53:35 General Information Property Use: 233 Yr Blt: 2,006 Apt #: 1 Size: 2,260 Floor: 01 RECREATION SITE DATA View iww -full Building twnhse Swimming Pool Location corner Balcony /Porch opn Marina E3 s Condo! Planrt4ed Urt1t Extra FqBatur Description Dimensions Price Units Value RCD Year 1) .00 0 0 0 0 2) .00 0 0 0 0 3) .00 0 0 0 0 4) .00 0 0 0 0 5) .00 0 0 0 0 6) .00 0 0 0 0 TOTAL RECORD VALUE: 0 Map With Property Address (non- vacant) F*_1 FE Fil 41 FQ Il-N http:H 136 .174.187.131htbinlcgi- scr3 ?o =1 &a =1 &b =1 &c =1 &r= .16 &s= 4 &t3 =1 &u= 0 &p= 08 +... 9/5/2007 „;. PiDellas County Property Appr -' cer Information: 08 29 15 43454 000 0010 F- FT,A 0n , 36398* 1 04932 ----------- Page 4 of 5 FWATPP UKIVL I 170 174 13A SIDE 16 I�1 146 15C� 154 160 16c G6D A1' I t YSI Y D B.A'�1 DE BAYSID AYSI YSI 'C�R DR D DR D� DR D I� pR I DR DR DR ' A L 1/8 Mile Aerial Photograph (2002) http: // 136 .174.187.13 /htbin/cgi- scr3 ?o =1 &a =1 &b =1 &c =l &r= .16 &s= 4 &t3 =1 &u= 0 &p= 08 +... 9/5/2007 P ;,nellas County Property Appr -',er Information: 08 29 15 43454 000 0010 Page 5 of 5 Pinellas County Property Appraiser Parcel Information Back to Search Page An explanation of this screen http: // 136 .174.187.13 /htbin/cgi- scr3 ?o =1 &a =1 &b =1 &c =1 &r= .16 &s= 4 &t3 =1 &u= 0 &p= 08 +... 9/5/2007 Property Appraiser General In-" - nation: 08/29/15/43454/000 /0010 Car(' ' Interactive Map of this Comparable Sales Back to Query New Tax Collector narcel Listine Results Search Information Page 1 of 2 Question/Comment about this page 08/29/15/43454/000 /0010 Data Current as of September 10,; SUPER EXEMPTION 2007, i CALCULATOR [11:34 am Monday September 10 Condo / PUD Property Owner, Address, and Sales Print Floor: 01 of 01 Property Use: 233 Square footage: year Built: 2006 ISLAND TOWNHOMES LOT 1 (CW PLAT 127 PG'S 46 & 47) 2007 Exemptions Homestead: No Use: 0% Ownership: 0% Tax Exempt: 0% Government: No Institutional: No Agricultural: $0 Historic: $0 2007 Value 2007 Tax Information Comparable Sales value based on sales from Tax District: CW 2005 -2006: $801,600 Proposed Millage: 19.9371 Just/Market Value: $681,400 Non Ad Valorem Assessments: $.00 Assessed Value/ SOH Cap: $681,400 Estimated Taxes: $13,585.10 History Taxable Value: $681,400 Estimated Taxes without Save =Our- A significant taxable value increase may Homes cap. . occur when sold. Click here for details. Estimated Taxes without an $13,585.10 exemptions: Owner /Mailing Property Address Sale Date Book/Page Price Q/U V/1 Address 7/2006 15225/1416 $885,300 Q I KONDROTAS, DAMIAN Plat Year Plat Book/Page(s) 931 WOODSBRIDGE CT 161 BRIGHTWATER DR SAFETY HARBOR FL Apt 1 2003 127/ 046.. - 047 34695 -2958 Parcel Information Book/Page: Land Use: Single Family 15225/1416 (01) Census Tract: .00 Evacuation Zone: A Recreation Swimming Pool Marina Site Data Exterior Wall: Masonry Parking/Garage: Two car garage attached Quality: Above Average Balcony/Porch: Open Porch View: Intracoastal Water Way - Full Building: Townhouse Location: Corner http://www.pcpao.org/general—condet.php?pn=1529084345400000101 9/10/2007 Property Appraiser General Ins- --nation: 08/29/15/43454/000 /0020 Carr' Interactive Map of this Comparable Sales Back to Query New Tax Collector parcel Listing Results Search Information Page 1 of 3 Question/Comment about this page 08/29/15/43454/000 /0020 Data Current as of September 10, 0 SUPER EXEMPTION 2007 v CALCULATOR 11:23 am Monday September* 10] M Condo / PUD Property Owner, Address, and Sales Print`' Floor: 01 of 01 Property Use: 233 Square footage: Year Built: 2006 ISLAND TOWNHOMES LOT 2 (CW PLAT 127 PG'S 46 & 47) 2007 Exemptions Homestead: Yes Use: 100% Ownership: 100% Tax Exempt: 0% Government: No Institutional: No Agricultural: $0 Historic: $0 2007 Value 2007 Tax Information Comparable Sales value based on sales from Tax District: CW 2005 -2006: $785,900 Proposed Millage: 19.9371 Just/Market Value: $668,000 Non Ad Valorem Assessments: $.00 Assessed Value/ SOH Cap: $668,000 Estimated Taxes: $12,819.50 History Taxable Value: $643,000 Estimated Taxes without Save -Our- $12,819.50 A significant taxable value increase may Homes cap: occur when sold. Click here for details. Estimated Taxes without an $13,318.00 exemptions: Owner/Mailing Property Address /U Sale Date Book/Page Price Q V/I Address 4/2006 15061/506 $735,000 Q I TEMPLEMAN, WILLIAM Plat Year Plat Book/Page(s) J JR TEMPLEMAN, SHARON 2003 127/ 046 - 047 J 161 BRIGHTWATER DR 161 BRIGHTWATER DR Apt 2 #2 CLEARWATER FL 33767 -2458 Parcel Information Book/Page: Land Use: Single Family 1.5061 /0506 (01) Census Tract: .00 Evacuation Zone: A Recreation Swimming Pool Marina Site Data Exterior Wall: Masonry Parking /Garage: Two car garage attached Quality: Above Average Balcony/Porch: Open Porch http://www.pcpao.org/general—condet.php?pn=l 529084345400000201 9/10/2007 Property Appraiser General In- '- -nation: 08/29/15/43454/000 /0030 Car(' Interactive Map of this Comparable Sales Back to Query New Tax Collector parcel Listing Results Search Information 08/29/15/43454/000 /0030 Data Current as of September 10, SUPER EXEMPTION 2007 CALCULATOR [11:24 am Monday September 10] Condo / PUD Property Owner, Address, and Sales Print Floor: 01 of 01 Property Use: 233 Square footage: year Built: 2006 2260 ISLAND TOWNHOMES LOT 3 (CW PLAT 127 PG'S 46 & 47) Page 1 of 2 Question/Comment about this page 2007 Exemptions Homestead: No Use: 0% Ownership: 0% Tax Exempt: 0% Government: No Institutional: No Agricultural: $0 Historic: $0 2007 Value Comparable Sales value based on sales from 2005 -2006: $785,900 Just /Market Value: $668,000 Assessed Value/ SOH Cap_$668,000 History Taxable Value: $668,000 A significant taxable value increase may occur when sold. Click here for details. Owner /Mailing Address HERNANDEZ, KATHLEEN M 31 WOODLAND DR KINGS PARK NY 11754- 3230 Property Address 161 BRIGHTWATER DR Apt 3 Parcel Information Book/Page: Land Use: Single Family .1: 5.194/01:95. (01) Census Tract: .00 Evacuation Zone: A Exterior Wall: Masonry Quality: Above Average View: Intracoastal Water Way - Full Location: Interior 2007 Tax Information Tax District: CW Proposed Millage: 19.9371 Non Ad Valorem Assessments: $.00 Estimated Taxes: $13,318.00 Estimated Taxes without Save -Our- $13,318.00 Homes cap: Estimated Taxes without any $13,318.00 exemptions: Sale Date Book/Page 6/2006 15194/195 Plat Year 2003 Recreation Swimming Pool Marina Price _Q U V/I $935,000 Q I Plat Book/Page(s) 127/ 046 - 047 Site Data Parking /Garage: Two car garage attached Balcony/Porch: Open Porch Building: Townhouse http: / /www.pcpao.org/general _ condet.php ?pn= 1529084345400000301 9/10/2007 Property Appraiser General In"-nation: 08/29/15/43454/000 /0040 Car(' Interactive Map of this Comparable Sales Back to Query New Tax Collector parcel Listing . Results Search Information Page 1 of 2 Question/Comment about this page 08/29/15/43454/000 /0040 Data Current as of September 10,s SUPER EXEMPTION 2007 " CALCULATOR [11:24 am Monday September 10] Condo / PUD Property Owner, Address, and Sales Print `" Floor: 01 of 01 Property Use: 233 Square footage: year Built: 2006 2260 ISLAND TOWNHOMES LOT 4 (CW PLAT 127 PG'S 46 & 47) 2007 Exemptions Homestead: No Use: 0% Ownership: 0% Tax Exempt: 0% Government: No Institutional: No Agricultural: $0 Historic: $0 2007 Value 2007 Tax Information Comparable Sales value based on sales from Tax District: CW 2005 -2006: $785,900 Proposed Millage: 19.9371 Just/Market Value: $668,000 Non Ad Valorem Assessments: $.00 Assessed Value/ SOH Cap: $668,000 Estimated Taxes: $13,318.00 History Taxable Value: $668,000 Estimated Taxes without Save -Our- $13,318.00 A significant taxable value increase may Homes cap: occur when sold. Click here for details. Estimated Taxes without any $13,318.00 exemptions: Owner/Mailing Property ddress y Sale Date Book/Page Price Q/_U_ V/1 Address 6/2006 15195/2312 $799,000 Q I CHEN, CHUNG J Plat Year Plat Book/Page(s) 12476 BENTBROOK DR 161 BRIGHTWATER DR CHESTERLAND OH Apt 4 2003 127/ 046 -..047 44026 -2459 Parcel Information Book/Page: Land Use: Single Family 15.195/23.12. (01) Census Tract: .00 Evacuation Zone: A Recreation Swimming Pool Marina Site Data Exterior Wall: Masonry Parking /Garage: Two car garage attached Quality: Above Average Balcony/Porch: Open Porch View: Intracoastal Water Way - Full Building: Townhouse Location: Interior http://www.pcpao.org/general-condet.php?pn=l 529084345400000401 9/10/2007 Property Appraiser General In-r -nation: 08/29/15/43454/000 /0050 Carr' I- Interactive Map of this Comparable Sales Back to Query New Tax Collector narcel Listing Results Search Information Page 1 of 2 Question/Comment about this page 08/29/15/43454/000 /0050 Data Current as of September 10, SUPER EXEMPTION 2007 CALCULATOR [ 11:34 am Monday September 10] Condo / PUD Property Owner, Address, and Sales Print Floor: 01 of 01 Property Use: 233 Square footage: year Built: 2006 2260 ISLAND TOWNHOMES LOT 5 (CW PLAT 127 PG'S 46 & 47) 2007 Exemptions Homestead: No Use: 0% Ownership: 0% Tax Exempt: 0% Government: No Institutional: No Agricultural: $0 Historic: $0 2007 Value 2007 Tax Information Comparable Sales value based on sales from Tax District: CW 2005 -2006: $785,900 Proposed Millage: 19.9371 Just/Market Value: $668,000 Non Ad Valorem Assessments: $.00 Assessed Value/ SOH Cap: $668,000 Estimated Taxes: $13,318.00 History Taxable Value: $668,000 Estimated Taxes without Save -Our- $13,318.00 A significant taxable value increase may Homes cap: occur when sold. Click here for details. Estimated Taxes without any $13,318.00 exemptions: Owner /Mailing Property Address Sale Date Book/Page Price QWX V/I Address 8/2006 15304/1223 $850,000 Q I BUNDY, DAVID J 4/2006 15053/1012 $849,000 Q I BUNDY, NANCY J 161 BRIGHTWATER DR 1325 STOOPS FERRY DR Plat Year Plat Book/Page(s) Apt 5 MOON TOWNSHIP PA 2003 127/ 046 - 047 15108 -8919 Parcel Information Book/Page: Land Use: Single Family 1.5304/1.223 (01) Census Tract: .00 Evacuation Zone: A Recreation Swimming Pool Marina Site Data Exterior Wall: Masonry Parking /Garage: Two car garage attached Quality: Above Average Balcony/Porch: Open Porch View: Intracoastal Water Way - Full Building: Townhouse Location: Interior http: / /www.pcpao.org /general _ condet.php ?pn = 1529084345400000501 9/10/2007 FS.. " f Nancy and David Bundy 1325 Stoopsferry Road Moon Twp PA 15108 City of Clearwater Planning Dept 100 South Myrtle Ave Clearwater FL 33756 Mr. Wayne Wells, As property owners of 161 Brightwater Drive Unit #5, we want to express our concerns over the possible approval for Flexible Standard Development or in other words [TIME SHARE DEVELOPMENT.] We were surprised when we came to OUR HOME several . weeks ago, to see a for sale sign for $197.500.00 on one of the units. That evening we removed one of the advertisements from a box located outside of the unit. This is the manner in which we became aware of the Flexible Standard Development. We were told by the development principals that this application was previously approved, only to find out that this was a mistruth. Due to medical issues we had not resided in our home for an extended length of time. Although parties involved had access to our phone numbers we were never contacted to be given any notice of this situation. Let us state in no uncertain terms that we are in complete disapproval of this change as are other homeowners in the complex., This would greatly reduce the value in selling our home to a third party buyer, not to speak of the impossibility. We would be limited virtually to only being able to sell to the Flexible Standard Development principals or be forced to sell at a gross inadequacy in property value. We purchased in good faith that 10 homeowners would reside in this development. This application is merely for the monetary gain of the development principals. These units can be sold for their original intended usages; however substantial profits can be gained by changing to Flexible Standard Development. We strongly urge you to protect our investment and the integrity of Brightwater Drive by rejecting the application. We have contacted an appraiser who is going to provide expert testimony to the negative impact in property values, as well as obtaining legal counsel for representation in regards to this issue. We may be reached at 412 - 262 -1067 for any additional information or questions. Thank you for your understanding and concern. Sincerely, David and Nancy Bundy Page 1 of 1 Wells, Wayne From: bundy123 @comcast.net Sent: Tuesday, October 30, 2007 10:44 AM To: Wells, Wayne Subject: flexible standard developement application ' attached is our response to the application for flexible standard development at 161 brightwater drive clearwater florida david and nancy bundy 10/30/2007 Page 1 of 1 Wells, Wayne From: Wells, Wayne Sent: Thursday, October 18, 2007 2:39 PM To: 'AliRob @aol.com' Cc: 'Rjsk1234 @aol.com'; Delk, Michael Subject: RE: Fractional ownership of townhomes and /or condos on Brightwater Drive Mr. Miller - Under its present application, the City cannot approve the Flexible Standard Development request. However, the applicant will be re- applying for a Flexible Development application for a decision by the Community Development Board (CDB) after a public hearing, potentially at their December 18, 2007, meeting. Upon submission of this new application, notices will be sent to surrounding property owners explaining the request and the date /time of the public hearing by the CDB. Your comments on such new application may be submitted for consideration by the CDB. Should you have any questions, feel free to email or phone me (562- 4504). Wayne - - - -- Original Message---- - From: AliRob @aol.com [mailto:AliRob @aol.com] Sent: Thursday, October 18, 2007 2:20 PM To: Wells, Wayne Subject: Fractional ownership of townhomes and /or condos on Brightwater Drive Wayne, I see this is or was before the city for approval. I support this because it should help absorb some of the property that is for sale on the beach and also provide the kind of owners and residents we need for the Clearwater Beach of the future. Best regards, Larry Miller 205 Brightwater Drive, # 402 Clearwater Beach, FL 33767 727 - 244 -2617 See what's new at AOL.com and Make AOL Your Homepage. 10/18/2007 -F Page 1 of 1 Wells, Wayne From: Gina C [gina @affluentmedia.com] Sent: Wednesday, October 03, 2007 4:24 PM To: Wells, Wayne Subject: 161 Brightwater Drive Timeshare Application Wayne, Thank you very much for the time you spent with me regarding the proposed timeshare application for 161 Brightwater Drive. I am qualified to comment as my family owns two townhomes at 125 and Zoo Brightwater. I would like you to consider the following regarding this application. 1. If the city is going to grant the approval, they should do it for the entire street as it would not be fair to the people that have invested in residential units that did not anticipate this change in zoning. 2. So as not to be a hindrance, every other owner on the street should have the right to do this also simultaneously. 3. As you know, Brightwater Drive has suffered immensely by two projects under construction stopping. The $6 million in deposits in litigation by approx. 30 innocent purchasers of property who put down 2o% deposits and have had to hire lawyers to get their funds back has been very upsetting. This is all going on in the local courts. The unsightly halt of construction (first floor not finished of a six story building) has cast our street in a very bad light. You may not be aware, but the 50% owners of the company or companies (Ron Augustine and Danny Patel) that did this are the same people that are trying to do this timeshare deal. I do not know them personally, but a lot of people have been hurt. They were partners with Roland Rogers. In conclusion, what is good for one is good for all, and this would be the only equitable way to not have their units on our street devalued. We should be given the same treatment now so it's a level playing field. I think this is what they would do in Norway. Wenche Damore 727-447 -1767 Affluent Media Zoo Brightwater Drive, A7 Clearwater Beach, FL 33767 tel: 727- 466 -0433 gina(a)affluentmedia.com fax: 727- 466 -6914 10/3/2007 Email to & from L. Fletcher re application 10.2.07 From: wells, Wayne sent: Tuesday, October 02, 2007 9:18 AM To: 'lfletcher9 @tampabay.rr.com' Cc: Watkins, sherry subject: 161 Brightwater Dr. units 1 -10 Linda - Brightwater Drive is zoned Tourist District, which permits both residential and overnight accommodation uses. Brightwater Drive is also located within the small Motel District of Beach by Design. The small Motel District contemplates residential and timeshare uses. The property in question was approved by the Community Development Board (CDB) for townhomes on January 21, 2003, and was constructed as such. The applicant is requesting to permit within the existing units 6 -10 of these townhomes the ability to have timeshare rentals (overnight accommodations). The file for this application is available for review during business hours (Monday - Friday, 8:00 am to 4:30 pm, except on Wednesdays we close at 2:30 pm). should you have any objections to this request, you would need to submit such written competent substantial evidence that the application should be denied prior to or at the Development Review committee meeting (may be by email). The Development Review Committee is scheduled to review this application on October 4, 2007. Wayne ----- origfinal Message---- - From: lfletcher9 @tampabay.rr.com [mailto :lfletcher9 @tampabay.rr.com] sent: Monday, October 01, 2007 7:45 PM To: wells, Wayne subject: 161 Brightwater Dr. units 1 -10 i am interested in more information about the flexible standard develoment application for the townhouse next to mine. when I bought on Brightwater Dr I was under the impression that this was a residential street not a tourist district. if these people get approval to do this every other investor on the street that can't sell their property will want to do the same thing. Linda Fletcher Page 1 Page 1 of 1 Wells, Wayne From: Parkermanor @aol.com Sent: Monday, October 01, 2007 9:37 AM To: Wells, Wayne Subject: Re: 161 Brightwater Drive Dear Wayne, Definitely glad that it is not 116 Brightwater. That would be even worse! Thank you for your response, although we were hoping for something more positve -like it wasn't going to happen. Anyway, thank you for your courtesy. Sincerely, Bud and Dawn Marks www.parkermanor.com 727.446.6562 See what's new at AOL.com and Make AOL Your Homepage. 10/1/2007 Page 1 of 1 Wells, Wayne From: Wells, Wayne Sent: Monday, October 01, 2007 9:08 AM To: 'Parkermanor @aol.com' Subject: 161 Brightwater Drive Oops - My response deals with 161 Brightwater Drive, not 116 Brightwater Drive. - - - -- Original Message---- - From: Wells, Wayne Sent: Monday, October 01, 2007 9:02 AM To: 'Parkermanor @aol.com' Subject: RE: 161 Brightwater Drive Bud & Dawn Marks - The property at 116 Brightwater Drive was approved and permitted as 10 townhome dwelling units with parking designed to allow vehicles to back into the right -of -way. It is the owners' desire to be able to have.Units 6 -10 as timeshare rentals (overnight accommodations). Should you have any objections to this request, you would need to submit such written competent substantial evidence that such should be denied prior to or at the Development Review Committee meeting. Wayne - - - -- Original Message---- - From: Parkermanor @aol.com [mailto:Parkermanor @aol.com] Sent: Sunday, September 30, 2007 1:42 PM To: Wells, Wayne Subject: 161 Brightwater Drive Dear Wayne, One night rentals for townhouses? Please tell us that you are kidding. Sincerely, Bud and Dawn Marks www.parkermanor.com 115 Brightwater Drive Clearwater Beach, FL 33767 727.446.6562 See what's new at AOL.com and Make AOL Your Homepage. 10/1/2007 LL CITY OF CLEARWATER e PLANNING DEPARTMENT MUNICIPAL SERVICES BUILDING 0 100 SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756 TELEPHONE: (727) 562 -4567 FAX: (727) 562 -4576 W W W.MYCLEARWATER. COM September 20, 2007 RE: NOTICE OF FILING OF AN APPLICATION FOR FLEXIBLE STANDARD DEVELOPMENT APPROVAL AT 161 BRIGHTWATER DR UNITS 1 -10 (FLS2007- 09044) To Surrounding Property Owners: As a property owner within 500 feet of 161 BRIGHTWATER DR UNITS 1 -10, the City of Clearwater Planning Department gives notice that an application for Flexible Standard Development approval to permit overnight accommodations (timeshares) in existing Units 6, 7, 8, 9 and 10 in the Tourist District where 10 attached dwellings (townhomes) were previously approved and constructed under FLD2002- 11042, under the provisions of Section 2- 703.M.. On October 04, 2007, the Development Review Committee (composed of the City's professional staff) will review and determine whether the application demonstrates compliance with the City's Community Development Code. Following that review and determiniation, the Planning Director will issue a Development Order approving, approving with conditions, or denying the application. The earliest date that the City will make a decision on the application will be October 04, 2007. The City encourages you to participate in the review of this application. You may contact me at 727 -562 -4504 or Wayne.Wells @myclearwater.com for further information, visit our office to review the files and/or submit written comments to be considered in the City's review of the application. Please be advised that the applicant may submit additional or new information regarding this case; which you may review during regular business hours. However, no further notice will be provided to you should the application be amended. An appeal of the decision of the Planning Director may be initiated by the applicant or property owners within the required notice area who present competent substantial evidence at, or prior to, the Development Review Committee meeting on October 04, 2007. An appeal must be filed, including an appeal fee, with the Planning Department within seven days of the date of the Development Order. Thank you for your interest in the City of Clearwater's development review process. You may access our Planning Department through the City's website: www.myclearwater.com. Sincere y yours, tv- /'I. Iva Wayne Vlls Planner III Letter of Notification - FLS2007 -09044 -161 BRIGHTWATER DR UNITS 1 -10 FL INT IMP FUND THE 184 BRIGHTWATER DR CLEARWATER FL 33767 - 2410 KOEGLER, JEAN A 135 BRIGHTWATER DR # 4 CLEARWATER FL 33767 - 2402 LENART, DIANE THE 8542 1/2 LAWRENCE CHICAGO IL 60706 - 2956 FLAMINGO BAY CLEARWATER LLC 200 BRIGHT DR # 2 CLE TER FL -2452 C ' ON OF CLEAR R LLC 200 GHTW R DR #2 C EARWATER FL 3 - 2452 CINNAMON BAY OF CLEARWATER LLC 200 BRIGHTWATER DR # 2 CLEARWATER FL 33767 - 2452 CONTI, CAMILLO CONTI, LIVIA 136 BAYSIDE DR CLEARWATER FL 33767 - 2501 SPRING TIDE INVESTMENTS VI LLC 622 BYPASS DR CLEARWATER FL 33764 - 5002 HAWKINS, KEVIN 297 EASTLEIGH DR BELLEAIR FL 33756 - 2501 ALVERSON, LOUISE W 444 MILLERSBURG RD PARIS KY 40361 - 2145 BASKIN, H H EST OWENS, W D EST 516 N FT HARRISON AVE CLEARWATER FL 33755 - 3905 ZURAWSKI, BOGDAN ZURAWSKI, ANNA 139 BRIGHTWATER DR CLEARWATER FL 33767 - 2402 LABELLA VISTA OF CLEARWATER LL 200 BRIGHTWATER DR # 2 CLEARWATER FL 33767 - 2452 FL INGO LEARWATER LLC 20 GH TER 1 # 2 CLEARWATER F 33767 - 2452 C AMON BAY Q�-- CLE LLC 200 BRIGHT DR # 2 CLEARWATER FL 33767 - 2452 BAUSTERT, DELBERT V BAUSTERT, MARY LOU PO BOX 3128 CLEARWATER FL 33767 - 8128 GREENBERG, AARON 142 BAYSIDE DR CLEARWATER FL 33767 - 2501 MARTINOS, GEORGIOS D MARTINOS, DOROTHY PO BOX 5940 MILLER PLACE NY 11764 - 1225 BARNHART, RANDALL E BARNHART, DEBORAH E 143 BAYSIDE DR CLEARWATER FL 33767 - 2502 ZILISCH, JAMES R ZILISCH, JANICE E 7028 WILLOW TRACE LN MATTHEWS NC 28104 - MARKS, IRWIN J MARKS, DAWN D 115 BRIGHTWATER DR CLEARWATER FL 33767 - 2402 BEACH BUM INVESTMENTS LLC 200 BRIGHTWATER DR # 2 CLEARWATER FL 33767 - 2452 TWIN PALMS CLEARWATER LLC 200 BRIGHTWATER DR # 2 CLEARWATER FL 33767 - 2452 FLAMINGO BAY CLEARWATER LLC 200 BRIGHTWATER DR # 2 CLEARWATER FL 33767 - 2452 C ON BAS' OF CLE LLC 20 G WATER DR # 2 CLEARWATE L 33767 - 2452 BARROWS, SCOTT O BARROWS, JUDY L 130 BAYSIDE DR CLEARWATER FL 33767 - 2501 BELLEAIR POINT INVESTMENTS LLC. 101 CORONADO DR CLEARWATER FL 33767 - 2429 THOMAS, BRIAN THOMAS, NADINE 160 BAYSIDE DR CLEARWATER FL 33767 - 2501 BMGLLC 950 MISSOURI AVE N LARGO FL 33770 - 1812 JONES, C GRETCHEN 181 BAYSIDE DR CLEARWATER FL 33767 - 2502 NATHAN, DAVID H NATHAN, R JOAN 175 BAYSIDE DR CLEARWATER FL 33767 - 2502 DI GIOVANNI, AGOSTINO DI GIOVANNI, MARIANN 163 BAYSIDE DR CLEARWATER FL 33767 - 2502 SMITH, KEVIN SMITH, CHRISTINE 170 BAYSIDE DR CLEARWATER FL 33767 - 2501 PETTY, JAMES R PETTY, SUSAN G 182 BAYSIDE DR CLEARWATER FL 33767 - 2501 PRESTON, KATIE TRUST 125 BRIGHTWATER DR # 5 CLEARWATER FL 33767 - 2430 LONG, JAY K 125 BRIGHTWATER DR # 2 CLEARWATER FL 33767 - 2430 LENEART, RENEE THE 8556 W WINNEMAC AVE CHICAGO IL 60656 - 2925 LEN T, RE NE THE 8556 W AC AVE C O IL 606 - 2925 LEN NEE THE 8556 EMAC AVE C CAGO IL 60 2925 L NEART,RENEE 855 AC AVE C G 56 - 2925 NATHAN, DAVID H RACKSTEIN, ANDREW D NATHAN, JOAN RACKSTEIN, PATRICIA K 1016 PONCE DE LEON BLVD 305 BLUFF VIEW DR STE 7 BELLEAIR BLUFFS FL 33770 - CLEARWATER FL 33756 - 1069 1306 HORTZ, ERICH W SHERMAN, JUDY 162 BAYSIDE DR SHERMAN, RICHARD CLEARWATER FL 33767 - 2501 166 BAYSIDE DR CLEARWATER FL 33767 - 2501 CAGLE, JOHN D SPRING TIDE INVESTMENTS IX CAGLE, JEANNINE D LLC 174 BAYSIDE DR 622 BYPASS DR STE 100 CLEARWATER FL 33767 - 2501 CLEARWATER FL 33764-5002 GULATI, DUSITYANT K COSMANO, MICHAEL 186 BAYSIDE DR COSMANO, NANCY CLEARWATER FL 33767 - 2501 125 BRIGHTWATER DR # 6 CLEARWATER FL 33767 - 2430 WESEMAN, JASON NINI, RICHARD 125 BRIGHTWATER DR # 4 NINI, MEGAN CLEARWATER FL 33767 - 2430 7638 DEVINS RIDGE CLARKSTON MI 48348 - 4351 DAMORE, KARIN W BRIGHTWATER ON THE BAY 125 BRIGHTWATER DR # 1 INC CLEARWATER FL 33767 - 2430 175 BRIGHTWATER DR CLEARWATER FL 33767 - 2411 LENE T, RE LE T, RENEE 8556 W MAC AVE 8556 W AC AVE C AGO IL - 2925 CHICA O IL - 2925 LE T, RE RE L T, THE 8556 V MAC AVE 8556 W SAC AVE CHICAGO IL 60656 - 2925 C AGO IL 60656 - 2925 LE q T, RENEE THE LE T, 8. 6 C AVE 8556 MAC AVE G� GO IL 6 25 AGO IL 6-2925 I:E T, RENEE THE NEART, RENEE THE 8556 W AC AVE 8556 C AVE CHI GO IL 60 - 2925 CHI AGO IL 6925 BRENNAN, KEVIN P DIFERDINANDO, RITA H CAVANAUGH, MICHAEL C 130 BRIGHTWATER DR # 1 9220 RUMSEY RD # 101 300 S SCHMALE CLEARWATER FL 33767 - 2453 COLUMBIA MD 21045 - 1956 CAROL STREAM IL 60188 - 2702 GOOSEN, EDWIN P GOOSEN, ODESSA L 130 BRIGHTWATER DR # 4 CLEARWATER FL 33767 - 2453 BROWN, THOMAS E BROWN, SUSAN J 201 OCEANHEAD AVE MARBLEHEAD MA 01945 - LIN, LANG 140 BRIGHTWATER DR # 1 CLEARWATER FL 33767 - 2424 PORTER, DAVID PORTER, ANGELA 140 BRIGHTWATER DR # 4 CLEARWATER FL 33767 - KONDROTAS, DAMIAN 931 WOODSBRIDGE CT SAFETY HARBOR FL 34695 - 2958 CHEN,CHUNGJ 12476 BENTBROOK DR CHESTERLAND OH 44026 - 2459 CLEARWATER TOWNHOMES INC 7087 GRA AL DR STE 1 O ANDO FL 32819 - 8316 CL;7G WATER TO OMES INC 708 TIONAL DR STE O NDO FL 32819 - 8 ST SOMEWHERE PROPERTIES LLC 10101 KINGSITYRE WAY TAMPA FL 33647 - 2867 STANTON, BRIAN J STANTON, DORIS 130 BRIGHTWATER DR # 5 CLEARWATER FL 33767 - 2453 WILLIAMS, EUGENE C WILLIAMS, LYNNE M 130 BRIGHTWATER DR # 8 CLEARWATER FL 33767 - 2453 BOTSOLAS, CAROL M BOTSOLAS, C J JR 14542 EAGLE POINTE DR CLEARWATER FL 33762 - 2255 ROSE ESTATE HOLDINGS LLC PO BOX 20047 ST PETERSBURG FL 33742 - 0047 TEMPLEMAN, WILLIAM J JR TEMPLEMAN, SHARON J 161 BRIGHTWATER DR # 2 CLEARWATER FL 33767 - 2458 BUNDY, DAVID J BUNDY, NANCY J 1325 STOOPS FERRY DR MOON TOWNSHIP PA 15108 - 8919 CLEARWATER TOWNHOMES INC 7087 G ATIONAL DR OfG -ANDO FL 32819 - 8316 PARADISE COVE TOWNHOMES HOMEOW 8234 SANDBERRY BLVD ORLANDO FL 32819 - 6919 YARED, ISSAM 1402 HADLEIGH PL LOUISVILLE KY 40222 - 5651 STANTON, ELIZABETH 42 10TH ST CARLE PLACE NY 11514 - PATEL, PANKAJ LIVING TRUST 130 BRIGHTWATER DR # 9 CLEARWATER FL 33767 - 2453 MARSZALEK, ROMAN MARSZALEK, HENRYKA 1313 W FRANCES PARK RIDGE IL 60068 - 5007 CAVANAUGH, MICHAEL C 300 S SCHMALE CAROL STREAM IL 60188 - 2702 HERNANDEZ, KATHLEEN M 31 WOODLAND DR KINGS PARK NY 11754 - 3230 CLEARWATER TOWNHOMES INC 7087 GRAND NATIONAL DR STE 100 ORLANDO FL 32819 - 8316 C EARWATER TO MES IN 7087 G ATIONAL DR STE O ANDO FL 328 9 8316 MC ANALLY, GARRY 35 S PARK PL STE 350 NEWARK OH 43055 - 5565 SCINTA, RICHARD J JR 8616 FOREST RUN LN ORLANDO FL 32836 - 5968 FLETCHER, LINDA M 145 BRIGHTWATER DR # 5 CLEARWATER FL 33767 - 2456 GIVENS, SUZANNE M 26 W 451 JEWELL RD WINFIELD IL 60190 - ROSS - JOHNSON, PAMELA ROSS - JOHNSON, IAN 181 BRIGHTWATER DR # 6 CLEARWATER FL 33767 - 2447 ROGERS, SINDY 181 BRIGHTWATER DR # 3 CLEARWATER FL 33767 - 2447 LOZICKI, MICHAEL LOZICKI, GIA 10210 WATERSIDE DR TAMPA FL 33647 - 3193 WITHERS, JOHN W 954 MASON HEADLEY RD LEXINGTON KY 40504 - 2247 STANGE, SCOTT C 181 BRIGHTWATER DR # 5 CLEARWATER FL 33767 - 2447 ANDERSON, CRAIG S 181 BRIGHTWATER DR # 5 CLEARWATER FL 33767 - 2447 SMYTH, ROBERT E SMYTH, GAIL M 3045 OAK HILL RD CLEARWATER FL 33759 - 1320 VILLA DEL SOL OF CLEARWATER BE HOMEOWNERS ASSN INC 163 BAYSIDE DR CLEARWATER FL 33767 - 2502 BRAUN, DUSTIN S BRAUN, CYNTHIA R 2143 PAYNE AVE ALCOA TN 37701 - THOMAS, MARK S THOMAS, TERESITA T 181 BRIGHTWATER DR # 1 CLEARWATER FL 33767 - 2447 Clearwater Neighborhood Coalition Wayne Wells - PO Box 8204 FLS2007 -09044 Clearwater, F133758 President Joe Evich Clearwater Beach Neighborhood Assoc. 100 Devon Drive Clearwater, F133767 President Jay Keyes I � w p PLANNING DEPARTMENT CITY OF kC.,4LEARWATER POST OFFICE BOX 4748, CLEARWATER, FLORIDA 3375 -4748 MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756 TELEPHONE (727) 562-4567 FAX (727) 562 -4865 December 10, 2007 Mr. Ron Augustine Clearwater Townhomes, Inc. 161 Brightwater Drive, #10 Clearwater, FL 33767 Re: FLS2007 -09044 —161 Brightwater Drive Dear Mr. Augustine: This letter constitutes a Development Order pursuant to Section 4 -202.E of the Community Development Code. On October 4, 2007, the Development Review Committee (DRC) reviewed your Flexible Standard Development application to permit overnight accommodations (timeshares) in existing Units 6, 7, 8, 9 and 10 in the Tourist District where 10 attached dwellings ( townhomes) were previously approved and constructed under FLD2002- 11042, under the provisions of Section 2- 703.M. The DRC DENIED this application based upon the following Findings of Fact and Conclusions of Law. Findings of Fact: 1. That the 0.478 acres is located on the south side of Brightwater Drive, approximately 800 feet east of Hamden Drive; 2. That the subject property is located within the Tourist (T) District; 3. That the subject property is located within the Small Motel District of Beach by Design; 4. That the subject property was approved for the development of 10 attached dwellings (townhomes) under Case Nos. FLD2002- 11042/PLT2002- 11005; 5. That the subject property was developed with 10 attached dwellings (townhomes), each unit with parking designed to back into the public right -of -way; 6. That the applicant desires to permit half of the units the ability to sell the units as a timeshare /interval ownership; 7. That the proposal creates a Mixed Use of the property (five overnight accommodation [timeshare /interval ownership] units and five attached dwellings), which is a use not listed in the Tourist District and must be processed as a Level 2 application for Comprehensive Infill Redevelopment Project to the Community Development Board; 8. That existing parking for the units, where it is designed to back into the public right -of -way, is nonconforming and approval to remain in its constructed configuration and be permitted for the proposed overnight accommodation (timeshares /interval ownership) units must be through the Termination of Status of Nonconformity provisions, which is a Level 2 application to the Community Development Board; 9. That Staff does not have the Code authority through a Level 1 application to approve a Mixed Use of the property, nor the parking configuration (backing into the right -of -way) for overnight accommodation (timeshare /interval ownership) units; and 10. That there are no active Code Enforcement violations associated with the subject property. FRANK HIBBARD, MAYOR JOHN DORAN, COUNCILMEMBER J.B. JOHNSON, COUNCILMEMBER BILL JONSON, COUNCILMEMBER CARLEN A. PETERSEN, COUNCILMEMBER "EQUAL EMPLOYMENT AND AFFIRMATIVE ACTION EMPLOYER" December 10, 2007 Augustine — Page Two Conclusions of Law: 1. That the development proposal creates a Mixed Use of the property (five overnight accommodation [timeshare /interval ownership] units and five attached dwellings), which is a use not listed in the Tourist District and must be processed as a Level 2 application for Comprehensive Infill Redevelopment Project to the Community Development Board; and 2. That parking for the proposed overnight accommodation units would back in to the right -of -way of Brightwater Drive, which such configuration is not permitted under the provisions of Section 3- 1402.C. In light of such circumstances, you were allowed to apply in an expedited manner for Level 2 approval under Case No. FLD2007- 11037, to be heard by the Community Development Board on December 18, 2007. Fees paid under this Level 1 application were applied to the Level 2 application. Should you have any questions, please do not hesitate to contact Wayne M. Wells, AICP, Planner III at (727) 562 -4504 or via e -mail at wayne.wellsL&Inyclearwater.com. Sincerely, Michael Delk, AICP Planning Director S:IPlanningDepartmentICD BTlex Standard (FLS)Unactive or Finished Cases0rightwater 161 Island Townhomes (T) - Denied0rightwater 161 Development Order Denial 11.10.07.doc ^: CITY OF CLEARWATER ,. ^, �••• �r Q PLANNING DEPARTMENT o + 2 �® 9TEF,,, Posr OMCE Box 4748 , ..1 ®wrncv BOWES CLEARWATER, FLORIDA 3375" 748 co 02 1M 00.334 UJ 0004229492 SEP 24 2007 CL LL MAILED FROM ZIPCODE 33602 BROWN, THOMAS E BROWN, SUSAN J 201 OCEANHEAD AVE MARBLEHEAD MA 01945 - BROW201 X 010 NOC A 5060 09-09/29/07 1°ORWARD TIMr MXP RTN TO SEND MPOWN RO sox 2567 FJVANNXS MA 02601 -7. 67 RUTURN . 70 SENDER CITY OF CLEARWATER �. PLANNING DEPARTMENT = Q: -= !JTEFtE�° POST OITICE Box 4748 CLEARWATER, FLORIDA 337'558-4748 SHERMAN, JUDY SHERMAN, RICHARD 166 BAYSIDE DR CLEARWATER FL 33767 - 2501 PN J j � ��f ®wrnrcv eovvfs ou to)-- 02 iM 00.334 UJ co 0004229492 SEP 24 2007 gLa ! ' , MAILED FROM ZIPCODE 33602 NXX1E 313.7 OM .1 00 Ogf29/07 OE:TURN TO SEN0MR NOT DELIVERABLE AS ADDRESSED UNldMLE. TO FOPWARD DC:. 337- SG474949 *0601- O.OS53 -25-03 CITY OF CLEARWATER PLANNING DEPARTMENT POST OFFICE Box 4748 CLEARWATER, FLORIDA 337584748 y"fil��8 .� fA inmEV BOVVES 02 1M $00-33 4 to � 000 229492 SEP 24 2007 n MAILED FROM ZIPCODE 33602 CINNAMON BAY OF CLEARWATER LLC 200 BRIGHTWATER DR # 2 "C;LEARVjATER FL 33767 - 2452 'RETURN TO SENDER NA.T : DEL iV ERABLE AS ADDRESSED UNABLE TO PORWARD '$G: 337S0474648. %x'0601- O0S5'5- :2S -i33 r; J CITY OF CLEARWATER Q PI.ANNaVG DEPARTMENT !gTERIV- Posr ONCE Box 4748 CLEARWATER, FLORIDA 3375584748 �ospottt �® Ou 2 aI� $00-33 4 0 N 0004229492 SEP 24 2007 aRT MAILED FROM ZIPCODE 33502 FLAMINGO BAY CLEARWATER LLC 200 BRIGHTWATER DR # 2 CLEARWATER fIT -33.7.6.72452 'MXXZM .3'39 ME 1 00 Ood�0/01 RETURN TO SENDER NOT Dr- L.XVrRABL.E AS ADORPESSIE0 UNABLE TO .FORWARD BC: '337594,74848 - 005jJ619)- 23 -03 .)) I]'l) i. ��) �1. 1. 1. �i�' 1�1►1):) 1�1I�� 11f�11f'��l)�1l�)i:lliflflll)I� TWIN PALMS LLC CLEARWATER -- 200 BRIGHTWATER DR # 2 CLEARWATER FL 33767 - 2452 NXXSE 337 DE i Oo Q9. /29'/O'i RETURN TO SENDER NOT DELIVERABLE AS ADDRESSED •UNABLE TO FORWARD BO: .33759474048 *0601- 00557 -25 -03 CITY OF CLEARWATER PLANNING DEM"UNT c� '� �. � ® �;j7ERE�' Pose O�cE Box 4748 �� WTNCYBOVYES CLEARWATER, FLORIDA 337584748 � Nr 02 1M $ 00.334 tug 0004229492 SEP 24 2007 dl5 MAI ED FROM ZIPGODE 33602 TWIN PALMS LLC CLEARWATER -- 200 BRIGHTWATER DR # 2 CLEARWATER FL 33767 - 2452 NXXSE 337 DE i Oo Q9. /29'/O'i RETURN TO SENDER NOT DELIVERABLE AS ADDRESSED •UNABLE TO FORWARD BO: .33759474048 *0601- 00557 -25 -03 CITY OF CLEARWATER Q PLANMG DEPARTMENT - y9TERE , POST OITICE Box 4748 CLEARWATER, FLORIDA 337'558 -4748 C PO/RWATER AVID PONGELA 14WATER DR # 4 CL FL 33767 - +ax E 307 DE 1 00 09.> 20/017 RETURN TO SENDER NOT i9IaL3VETdf -a LE A ADDRESSED UNdAF3LE TO FORWARD aC- :3:3759474649 xl7 O L- OAS4�- PdS -A3 �0 V y� 02 1M ��.34 UAW " ;. RIK 0004229492 SEP 24 2007 MAILED FROM ZiPCOIDE 33502 +ax E 307 DE 1 00 09.> 20/017 RETURN TO SENDER NOT i9IaL3VETdf -a LE A ADDRESSED UNdAF3LE TO FORWARD aC- :3:3759474649 xl7 O L- OAS4�- PdS -A3 `' CITY OF CLEARWATER Y ��in Q; PLANNING DEPARTMENT ate r z` ♦�� ® RMEY BOWES lgTEF,`�v�� POST OFFICE Box 4748 $00-33 4 CLEARWATER, FLORIDA 337558-4748 U)� 02 1M UJO 0004229492 SEP 24 2007 Ir a,fi 1 11 MAILED FROM ZIP CODE 33602 FL INT IMP FUND THE 184 BRIGHTWATER DR CLEARWATER FL 33767 - 2410 RETljRN TO SMNDER NAT , {7Ete x V RA13�E AS .; ADDRESSEO UN;AD!_E TO .FORWARD SC a: 3,9 t7.594y 7 4949 THOMAS, MARK S THOMAS, -TERESITA T 181 BRIGHTWATER DR # 1 CLEARWATER FL 33767 - 2447 NXXXM 33.7. OE' 1. A® 09/29/07 ..RETURN TO • SENUER NOT 0EL XVERABL C AS ADDRESSED uNAsL_E: TO FORWARD 9E: 33 75047494$ *0601- 'OO.S @O -2S -03 CITY OF CLEARWATER y��, PLANNING DEMKIMENT N e !}TEF;;••• POSE OFFICE BOX 474$ O, ry soaves 4 s� 0�.�7� ol CLEARWATER, FLORIDA ATER, FL RIDA 3 3 7 58 -4748 �, - 02 1M w� 0004229492 SEP 24 2007 du. MAILED FROM ZIPCODE 33502 THOMAS, MARK S THOMAS, -TERESITA T 181 BRIGHTWATER DR # 1 CLEARWATER FL 33767 - 2447 NXXXM 33.7. OE' 1. A® 09/29/07 ..RETURN TO • SENUER NOT 0EL XVERABL C AS ADDRESSED uNAsL_E: TO FORWARD 9E: 33 75047494$ *0601- 'OO.S @O -2S -03 CITY OF CLEARWATER PLANNING DEBU MENT ;�7EN,E POST OFFICE BOX 4748 CLEARWATER, FLORIDA 337584748 PO � J 7 ®wrn,cv muwes O v 02 1M $ 00.33 0004229492 SEP 24 2007 9LU, MAILED FROM ZIPCOiDE 33602 WESEMAN, JASON 125 BRIGHTWATER DR # 4 CLEARWATER FL 33767 - 2430 Da�7CxE: 227 Da 1 AO 09/20/07 RETURN TO SENDER NOT DEL_ZVEP ADL:E AS ADDRESSED UNAE9L E: TO .FORWARD BC: 337SG474949 *0601- OOS45=2S -03 �� •'aim: CITY OF CLEARWATER Q PLANMG DEMKIWNT wN wS +j ~• Sid � :y9TERE '° POST OITICE Box 4748 �u ® PITNEY BOWES CLEARWATER, FLORIDA 3375" 748 o� 02 1M $ 00.33 Ua� • 0004229492 SEP 24 2007 G.U. MAMED FROM ZIP CODE 33602 CINNAMON BAY OF CLEARWATER LLC 200 BRIGHTWATER DR # 2 CLEARWATER FL 33767 - 2452 t4X-XX e 337 OIL .� . •OO 00/28/07 RETURN TO SENDER NAT. DEteIVERfaBIsie AS A0.DRlvSSlmfl UNA01 -C TO .FORWARD oC c. 337SO4743040 *.dso;L -oos_ a- -2S -03 ;;''ai CITY OF CLEARWATER �. :... Q PLANNING `DEPARTMENT °- ?g7EREOF POST OFFICE Box 4748 CLEARWATER, FLORIDA 33758-4748 5�, PON Luo {w�� 1-4[ / ® PIMEV sow" 0 V 00.334 02 iM 0004229492 SEP 24 2007 G.U. a MAILED FROM ZIPCODE 33602 FLWINGO BAY CLEARWATER LLC 200 BRI.GHTwATER DP, 7 2452 CLEARNV ATER F L 33767-2452 - Nixxl S37 00 1 00 RETURN TO SENDER NOT. .DELIVI RABI -E AS : ADORGSSCO UNAGLE:. TO '47.OMWARO 'Gc' 337SG474948 *OGO1- OOss9- 2S -•Q3 CITY OF CLEARWATER PLANNING DEPARTMENT PosT OFFICE Box 4748 CLEARWATER, FLORIDA 337584748 1=9==mv PITNEV ROW" 0 02 1M $00-334 Na 0004229492 SEP 24 2007 MAILED FROM ZIPCODE 33602 CINNAMON BAY OF CLEARWATER LLC 200 BRIGHTWATER DR 112 CLEARWATER FL 33767 - 2452 RE:TU;4N TO -SENDF-IR NOT iDr_-LXVE:RA8LG:. AS ADDRESSMD UNIADLE TO FORWARD sc- . :337SO474949 11 LABELLA VISTA OF CLEARWATER LL 200 BRIGHTWATER DR # 2 CLEARWATER FL 33767 - 2452 14XX1C S37 ICE 1 :00 09,/29/07 :RETURN TO SENDER NOT DELIVERAMI.X AS ADDRESSED IUN ®LE: TO FORWARD 9C, 337 SO474948 x'0601- OOS64- 2.5 -03 1,1.,1, l 1 11 H 1.11 I1 11,.1l 13111 11 ,1 11:1 ;1.11,1,:,1 CITY OF CLEARWATER�r�F o: PLANNING DEPARTMENT Q r= E ''' Posy ONCE Box 4748 'Ec 'U)#- ' o - 4 1M ��.33 CLEARWATER, FLORIDA 3375"748 IN •, 02 0004229492 SEP 24 2007 MAILED FROM ZIPCODE 33602 11 LABELLA VISTA OF CLEARWATER LL 200 BRIGHTWATER DR # 2 CLEARWATER FL 33767 - 2452 14XX1C S37 ICE 1 :00 09,/29/07 :RETURN TO SENDER NOT DELIVERAMI.X AS ADDRESSED IUN ®LE: TO FORWARD 9C, 337 SO474948 x'0601- OOS64- 2.5 -03 1,1.,1, l 1 11 H 1.11 I1 11,.1l 13111 11 ,1 11:1 ;1.11,1,:,1 CITY OF CLEARWATER Q PLANNING DEPARTMENT Posr OmcE Box 4748 CLEARWATER, FLORIDA 33758 -4748 -BEACH BUM INVESTMENTS LLC 200 BRIGHTWATER DR # 2 I CLEARWATER FL_3.3767 - 2452 ,PC% Y,.•• # d ' Pco Q > Mrncr Bowes $00-33 MAILEDFROM ZIPCODE 33602 Ou 4 wN 000 229492 SEP 24 2007 M5 �� NXXIE 3Z7 DE 1. 00 09/2O/07 RETUFM TO SENDER NOT DELIVERABLE ..:AS AIDORESSED UNAa LE' Tg FORWARD BC : 33 j7SS474948 )l! *O607. - OOS66 -2S -03 lil) t1111t.l- Fll') l :l131i)lllll..lf)71l11l�al'� llll:il:l)'�.It 1- �1'lid . CITY OF CLEARWATER a PLANMG DEPARTMENT Posr OFFICE Box 4748 CiLEARWATER, FLORIDA 33758-4748 C�NAMON BAY OF CLEAR�VATER LLC 200 BRIGHTWATER DR # 2 CLEARWATER FT . '1174-7 CIS* z � �® lg to Z �� a � � oarraErBOWES 0 02 1M $00-33 4 0004229492 SEP 24 2007 CUE MAILED FROM ZJPCODE 33602 raIxIF ck-3 IN: .1 are 09.1�k8dol RETURN . TO SENDER NOT DEL ZVERAOLE AS ". ADORF_'SSEO UNAEL£ TO! 'FrORWA'RD 43C: 337SG474949 xosoi- oosss -25 -03 jia�:iii.t��jii.i�.i �.�i�►��t�3i��i ��,dill irl"llill"Al."Ll"i CITY OF CLEARWATER F-4 PLANNING DEPARTMENT POST OITIcE Box 4748 CLEARWATER, FLORIDA 33758-4748 ®wrroev nowfs 40.334 . 02 1M U)11-- i 0004229492 SEP24 2007 �Ia MAILED FROM ZIPCODE 33602 FLAMINGO Bpy CLEARW ATER LLC TER DR # 2 200 BRIGRTWA 33767 _2452 CLEW p'TER FL F a1= "9644748� 337 DE 1. 00 "/28/07 RETURN :T,,.SENoaR NOT DELIVERABLE AS AIDORESSED UN,AaL• E . TO 'FORWARD 0c:. o �°sa47neQS *0601- oosss -2s -oa 11 11,„11, 1:,,,1°,' 1;, 1, 1,, 1„ I„ 11 :1,11,�,,1) „'1,r1,�11,;1,1,1,�1 CITY OF CLEARWATER �`�� _ S: PLANNING DEPARTMENT Q . • zo VDIV o -mmommoD PATNEV RouvEs '•jTER; POST OFFICE BOX 474$ U 00.34 0 02 1M CLEARWATER, FLORIDA 3375 &4748 i • 000 229492 SEP24 2007 25 MAILED FROM Z(PCODE 33502 COSMANO, MICHAEL COSMANO, NANCY 125 BRIGHTWATER DR # 6 CLEARWATER FL 33767 - 2430 All- 037 taEE 1 Soel 07- 09/261P7 RETORN TO SENDER'. OOSMANO MOVED LEFT. NO ADDRESS L4NABLE TO FORWARD RETURN TO SENDER DC. :437 - 94.7.4949 O fl1- QL>,45 -2� -60