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FLD2008-02002
I/ 4 'Clearwater Planning Department 100 South Myrtle Avenue Clearwater, Florida 33756 Telephone: 727 - 562 -4567 Fax: 727 - 562 -4865 ❑ 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 ❑ SUBMIT FIRE PRELIMARY SITE PLAN: $200.00 ❑ SUBMIT APPLICATION FEE $ CA REI DA' 1590 GULF BLVD FLD2008 -02002 BELLEVIEW BILTMORE CABANA Cl_UB Zoning: C atlas# 31 1A 4 2000 P1A!deN141:(: C` EAT.�ZWIER * NOTE: 15 TOTAL SETS OF INFORMATION REQUIRED (APPLICATIONS PLUS SITE PLAN SETS) FLEXIBLE DEVELOPMENT APPLICATION Comprehensive Infill Redevelopment Project (Revised 04/24/2007) PLEASE TYPE OR PRINT— A. APPLICANT, PROPERTY OWNER AND AGENT INFORMATION: (Code Section 4- 202.A) APPLICANT NAME: Belleview Biltmore Owner, LLC MAILING ADDRESS: 10880 Wilshire Boulevard, Suite 1750, Los Angeles, CA 90024 PHONE NUMBER: 310- 234 -2140 FAX NUMBER: 310- 234 -2150 CELL NUMBER EMAIL: PROPERTY OWNER(S): Belleview Biltmore Owner, LLC List ALL owners on the deed AGENT NAME: Richard Heisenbottle / R.J. Heisenbottle Architects, P.A. _ MAILING ADDRESS: 2199 Ponce de Leon Boulevard, Suite 400, Coral Gables, Florida 33134 PHONE NUMBER: 305 -446 -7799, Ext. 14 FAX NUMBER: 305 -446 -9275 CELL NUMBER: EMAIL: rirharAai)riha nnf B. PROPOSED DEVELOPMENT INFORMATION: (Code Section 4- 202.A) PROJECT NAME: STREET ADDRESS PARCEL NUMBER(S): PARCEL SIZE (acres): LEGAL DESCRIPTION: PROPOSED USE(S): Cabana Club 1590 Gulf Boulevard 19- 29 -15- 00000 - 340 -0110 1.38 Acres See Exhibit A - Attached PROJECT VALUATION: $ 25 Million PARCEL SIZE (square feet): 60,112.8 S.f. Overniqht Accommodations (38 Hotel Rooms and Accessory Uses) DESCRIPTION OF REQUEST: Specifically identify the request (include number of units or square footage of non - residential use and all requested code deviations; e.g. reduction in required number of parking spaces, specific use, etc.) See Exhibit B - Attached CADocuments and Settings\derek.ferguson\ Desktop\ planningforms _0707\Comprehensive Infill Project (FLD).04- 24- 07.doc Page 1 of 8 K: \Belleview Biltmore\Cabana Club \Permits \Flexible Development Application - Comp. Infill Redev. Project.pdf . 0 0 DOES THIS APPLICATION INVOLVE THE TRANSFER OF DEVELOPMENT RIGHTS (TDR), A PREVIOUSLY APPROVED PLANNED UNI DEVELOPMENT, OR A PREVIOUSLY APPROVED (CERTIFIED) SITE PLAN? YES __ NO _X (if yes, attach a copy of the applicable documents) C. PROOF OF OWNERSHIP: (Code Section 4- 202.A.5) X SUBMIT A COPY OF THE TITLE INSURANCE POLICY, DEED TO THE PROPERTY OR SIGN AFFIDAVIT ATTESTING OWNERSHIP (see page 7) D. ❑ 1. WRITTEN SUBMITTAL REQUIREMENTS: (Code Section 3- 913.A) Provide complete responses to the six (6) GENERAL APPLICABILITY CRITERIA — Explain how each criteria is achieved, in detail: The proposed development of the land will be in harmony with the scale, bulk, coverage, density and character of adjacent properties in which it is located. See Exhibit B - Attached for responses to Criteria 1 - 6. 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 of persons residing or working in the neighborhood of the proposed use. 4. The proposed development is designed to minimize traffic congestion. 5. The proposed development is consistent with the community character of the immediate vicinity of the parcel proposed for development. 6. The design of the proposed development minimizes adverse effects, including visual, acoustic and olfactory and hours of operation impacts, on adjacent properties. C: \Documents and Settings \derek.ferguson\ Desktop\ planningforms- 0707\Comprehensive Infill Project (FLD) 04- 24- 07.doc Page 2 of 8 - 011, lze8-lt`llvuDI , & 10 -Slly cm WRITTEN SUBMITTAL REQUIREMENTS: (Comprehensive Infill Redevelopment Project Criteria) ❑ Provide complete responses to the six (6) COMPREHENSIVE INFILL REDEVELOPMENT PROJECT CRITERIA — Explain how each criteria is achieved, in detail: 1. The development or redevelopment is otherwise impractical without deviations from the use and /or development standards set forth in this zoning district. See Exhibit B - Attached for responses to Criteria 1 - 6. 2. The development or redevelopment will be consistent with the goals and policies of the Comprehensive Plan, as well as with the general purpose, intent and basic planning objectives of this Code, and with the intent and purpose of this zoning district 3. The development or redevelopment will not impede the normal and orderly development and improvement of surrounding properties. 4. Adjoining properties will not suffer substantial detriment as a result of the proposed development. 5. The proposed use shall otherwise be permitted by the underlying future land use category, be compatible with adjacent land uses, will not substantially alter the essential use characteristics of the neighborhood; and shall demonstrate compliance with one or more of the following objectives: a. The proposed use is permitted in this zoning district as a minimum standard, flexible standard or flexible development use; b. The proposed use would be a significant economic contributor to the City's economic base by diversifying the local economy or by creating jobs; c. The development proposal accommodates the expansion or redevelopment of an existing economic contributor; d. The proposed use provides for the provision of affordable housing; e. The proposed use provides for development or redevelopment in an area that is characterized by other similar development and where a land use plan amendment and rezoning would result in a spot land use or zoning designation; or f. The proposed use provides for the development of a new and /or preservation of a working waterfront use. 6. Flexibility with regard to use, lot width, required setbacks, height and off - street parking are justified based on demonstrated compliance with all of the following design objectives: a. The proposed development will not impede the normal and orderly development and improvement of the surrounding properties for uses permitted in this zoning district; b. The proposed development complies with applicable design guidelines adopted by the City; C. The design, scale and intensity of the proposed development supports the established or emerging character of an area; d. In order to form a cohesive, visually interesting and attractive appearance, the proposed development incorporates a substantial number of the following design elements: ❑ Changes in horizontal building planes; ❑ Use of architectural details such as columns, cornices, stringcourses, pilasters, porticos, balconies, railings, awnings, etc.; ❑ Variety in materials, colors and textures; ❑ Distinctive fenestration patterns; ❑ Building stepbacks; and ❑ Distinctive roofs forms. e. The proposed development provides for appropriate buffers, enhanced landscape design and appropriate distances between buildings. C: \Documents and Settings\derek.ferguson\ Desktop\ planningforms _0707\Comprehensive Infill Project (FLD) 04- 24- 07.doc Page 3 of 8 KABelleview Biltmore \Cabana Club \Permits \Flexible Development Application - Comp. Infill Redev. Project.pdf • ORa.r,,1Na RECEi7>,rD t,\,14 2008 PLANN',',-'G M- PNOMENT CITY OF CLE -p"", I :R • E. STORMWATER PLAN SUBMITTAL REQUIREMENTS: (City of Clearwater Storm Drainage Design Criteria Manual and 4- 202.A.21) ❑ A STORMWATER NARRATIVE MUST BE SUBMITTED WITH ALL APPLICATIONS. All applications that involve addition or modification of impervious surface, including buildings, must include a stormwater plan that demonstrates compliance with the City of Clearwater Storm Drainage 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 PLAN shall include the following; ❑ Existing topography extending 50 feet beyond all property lines; ❑ Proposed grading including finished floor elevations of all structures; ❑ All adjacent streets and municipal storm systems; ❑ Proposed stormwater detention /retention area including top of bank, toe of slope and outlet control structure; ❑ A narrative describing the proposed stormwater control plan including ail calculations and data necessary to demonstrate compliance with the City manual. ❑ Proposed stormwater detention /retention area including top of bank, toe of slope and outlet control structure; ❑ Signature and seal of Florida Registered Professional Engineer on all plans and calculations. ❑ COPY OF PERMIT INQUIRY LETTER OR SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT (SWFWMD) PERMIT SUBMITTAL (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): x Stormwater plan as noted above is included Stormwater plan is not required and explanation narrative is attached. At a minimum, a grading plan and finished floor elevations shall 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 Engineering Department at (727) 5624750. F. SUPPLEMENTAL SUBMITTAL REQUIREMENTS: (Code Section 4- 202.A) • SIGNED AND SEALED SURVEY (including legal description of property) - One original and 14 copies; • TREE SURVEY (including existing trees on site and within 25' of the adjacent site, by species, size (DBH 4" or greater), and location, including drip lines and indicating trees to be removed) - please design around the existing trees; ❑ TREE INVENTORY; prepared by a "certified arborist ", of all trees 4" DBH or greater, reflecting 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 (ie. Reduce number of spaces). Prior to the submittal of this application, the methodology of such study shall be approved by the Community Development Coordinator and shall be in accordance with accepted traffic engineering principles. The findings of the study will be used in determining whether or not deviations to the parking standards are approved; ❑ GRADING PLAN, as applicable; ❑ PRELIMINARY PLAT, as required (Note: Building permits will not be issued until evidence of recording a final plat is provided); ❑ COPY OF RECORDED PLAT, as applicable; ORO REMW Elk 14 2000 C:\Documents and Settings\derek.ferguson\ Desktop \planningforms - 0707 \Comprehensive Infill Project (FLD O i 4 d r�r�YER Page 4 of 8 0 0 G. SITE PLAN SUBMITTAL REQUIREMENTS,: (Section 4- 202.A) 0 u 0 C] SITE PLAN with the following information (not to exceed 24" x 36 "): Index sheet referencing individual sheets included in package; North arrow; Engineering bar scale (minimum scale one inch equals 50 feet), and date prepared; All dimensions; Footprint and size of all EXISTING buildings and structures; Footprint and size of all PROPOSED buildings and structures; All required setbacks; All existing and proposed points of access; All required sight triangles; Identification of environmentally unique areas, such as watercourses, wetlands, tree masses, and specimen trees, including description and location of understory, ground cover vegetation and wildlife habitats, etc; Location of all public and private easements; Location of all street rights -of -way within and adjacent to the site; Location of existing public and private utilities, including fire hydrants, storm and sanitary sewer lines, manholes and lift stations, gas and water lines; All parking spaces, driveways, loading areas and vehicular use areas; Depiction by shading or crosshatching of all required parking lot interior landscaped areas; Location of all solid waste containers, recycling or trash handling areas and outside mechanical equipment and all required screening (per Section 3- 201(D)(i) and Index #701); Location of all landscape material; Location of all onsite and offsite storm -water management facilities; Location of all outdoor lighting fixtures; and Location of all existing and proposed sidewalks. SITE DATA TABLE for existing, required, and proposed development, in written /tabular form: EXISTING REQUIRED PROPOSED Land area in square feet and acres; Number of EXISTING dwelling units; Number of PROPOSED dwelling units; Gross floor area devoted to each use; Parking spaces: total number, presented in tabular form with the number of required spaces; Total paved area, including all paved parking spaces & driveways, expressed in square feet & percentage of the paved vehicular area; Official records book and page numbers of all existing utility easement; _ Building and structure heights; Impermeable surface ratio (I.S.R.); and Floor area ratio (F.A.R.) for all nonresidential uses. REDUCED COLOR SITE PLAN to scale (8 % X 11); FOR DEVELOPMENTS OVER ONE ACRE, provide the following additional information on site plan: One -foot contours or spot elevations on site; Offsite elevations if required to evaluate the proposed stormwater management for the parcel; All open space areas; Location of all earth or water retaining walls and earth berms; Lot lines and building lines (dimensioned); Streets and drives (dimensioned); Building and structural setbacks (dimensioned); . Structural overhangs; OP-10"A CIM fIJL 14 2000 CIN OF CUATU `i EP C:\Documents and Settings \derek.ferguson\ Desktop\ planningforms _0707\Comprehensive Infill Project (FLD) 04- 24- 07.doc Page 5 of 8 • H. LANDSCAPING PLAN SUBMITTAL REQUIREMENTS: (Section 4- 1102.A) ❑ LANDSCAPE PLAN with the following information (not to exceed 24" x 36 "): All existing and proposed structures; Names of abutting streets; Drainage and retention areas including swales, side slopes and bottom elevations; Delineation and dimensions of all required perimeter landscape buffers; Sight visibility triangles; Delineation and dimensions of all parking areas including landscaping islands and curbing; 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 quantities 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; Typical planting details for trees, palms, shrubs and ground cover plants including instructions, soil mixes, backfilling, mulching and protective measures; Interior landscaping areas hatched and/or shaded and labeled and interior landscape coverage, expressing in both square feet and percentage covered; Conditions of a previous development approval (e.g. conditions imposed by the Community Development Board); Irrigation notes. ❑ REDUCED COLOR LANDSCAPE PLAN to scale (8 % X 11); ❑ COMPREHENSIVE LANDSCAPE PROGRAM application, as applicable. Landscape associated with the Comprehensive Landscape Program shall exceed minimum Code requirements to offset the areas where minimum Code will not be met. I. BUILDING ELEVATION PLAN SUBMITTAL REQUIREMENTS: (Section 4- 202.A.23) ❑ BUILDING ELEVATION DRAWINGS —with the following information; All sides of all buildings; Dimensioned; Colors (provide one full sized set of colored elevations); Materials; Sight visibility triangles; ❑ REDUCED BUILDING ELEVATIONS — same as above to scale on 8'/z X 11. J►'L, 4 2000 PIAN IViS MRARTMENT J. SIGNAGE: (Division 19. SIGNS f Section 3 -1806) TO BE PROVIDED AT A LATER DATE IN SEPARATE APPLICATION. ❑ All EXISTING freestanding and attached signs; Provide photographs and dimensions (area, height, etc.), indicate whether they will be removed or to remain. ❑ All PROPOSED freestanding and attached signs; Provide details including location, size, height, colors, materials and drawing; freestanding signs shall include the street address (numerals) ❑ Comprehensive Sign Program application, as applicable (separate application and fee required). ❑ Reduced signage proposal (8 % X 11) (color), if submitting Comprehensive Sign Program application. C: \Documents and Settings \derek.ferguson\ Desktop\ planningforms _0707\Comprehensive Infill Project (FLD) 04- 24- 07.doc Page 6 of 8 • • omloi RKG `'._i? 14 2008 K. TRAFFIC IMPACT STUDY: (Section 4- 202.A.13 and 4- 801.C) PL`+NNM,,t"'G GOCAWMAENT C: ° OF CtE-A! nJalECR O Include if required by the Traffic Operations Manager or his/her designee or if the proposed development: Will degrade the acceptable level of service for any roadway as adopted in the Comprehensive Plan. Will generate 100 or more new vehicle directional trips per hour and /or 1000 or more new vehicle trips per day. Will affect a nearby roadway segment and /or intersection with five (5) reportable accidents within the prior twelve (12) month period or that is on the City's annual list of most hazardous intersections. Trip generation shall be based on the most recent edition of the Institute of Transportation Engineer's (ITE) Trip General Manual. The Traffic Impact Study must be prepared in accordance with a " Scoping Meeting" held with the Traffic Operations Manager and the Planning Department's Development Review Manager or their designee (727- 562 -4750) Refer to Section 4-801 C of the Community Development Code for exceptions to this requirement. X Acknowledgement of traffic impact study requirements (Applicant must initial one of the following): Traffic Impact Study is included: The study must include a summary table of pre- and post - development levels of service for all roadway legs and each turning movement at all intersections identified in the Scoping Meeting. K Traffic Impact Study is not required. See Exhibit C - Attached CAUTION — IF APPLICATION REVIEW RESULTS IN THE REQUIREMENT FOR A TRAFFIC IMPACT STUDY AND NONE HAS BEEN SUBMITTED, APPLICATION MUST BE RESUBMITTED AND SIGNIFICANT DELAY MAY OCCUR. If you have questions regarding these requirements, contact the City Public Works Administration Engineering Department at (727) 562- 4750. L. 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 project. 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% of its rated capacity. Compliance with the 2004 Florida Fire Prevention Code to include NFPA 13, MFPA 14, NFPA 20, NFPA 291, and MFPA 1142 (Annex H) is required. Ilf Acknowledgement of fire flow calculations /water study requirements (Applicant must initial one of the following): X Fire Flow Calculations/Water 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 HAS BEEN SUBMITTED, APPLICATION MUST BE RESUBMITTED AND SIGNIFICANT DELAY MAY OCCUR. If you have questions regarding these requirements, contact the City Fire Prevention Department at (727) 5624334. M. SIGNATURE: I, the undersigned, acknowledge that all representations made in this application are true and accurate to the best of my knowledge and author' a City representatives to visit and photograph the propAy described in this application. of j%perty owner or representative STATE OF FLORIDA, COUNTY OF PIN1E), LAS Sworn to and subscribed before me this �°,JS� day of A.D. 20�- to me and /or by fir. �tjraE�g- - - -- who is personally known has produce_ ----- _ --- ___ as ide ' lc i otary. ublic, My mission expires: Ott 1(4 ,.•`tipYrp, •,, CRYSTAL NEDRICK CADocuments and Settings\derek.ferguson\ Desktop\ planningforms- 0707\Comprehensive Infill Project (F 'V7WCOMMISSION A DD 579059" Page 7 of 8 :; EXPIRES: July 30, 2010 '%f; q� N,;p`• Bonded Thru Notary Public Underwriters nore \Cabana Club \Permits \Flexible Development Application - Comp. Infll Redev. Project.pdf N. AFFIDAVIT TO AUTHORIZE AGENT: 1. Provide names of all property owners on deed — PRINT full names: Belleview Biltmore Owner, LLC 2. That (I am /we are) the owner(s) and record title holder(s) of the following described property (address or general location): 1590 Gulf Boulevard, Parcel #19- 29- 15- 00000- 340 -0110 3. That this property constitutes the property for which a request for a: (describe request) Flexible Development Approval for a Comprehensive Infill'Redevelopment Project. 4. That the undersigned (has /have) appointed and (does/do) appoint: Richard J. Heisenbottle Thomas Revnolds as (his /their) agent(s) to execute any petitions or other documents 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; 6. That site visits to the property are necessary by City representatives in order to process this application and the owner authorizes City representatives to visit and photograph the property described in this application; 7. That (I/we), the undersigned authority, hereby certify that the foregoing is true and correct. Belleview Biltmore Owner, LLC Property wner Property Owner BY: Joseph Penner, Fund Manager P e Property Owner STATE OF FLORIDA, COUNTY OF PINELLAS B fore me the undersigned, an officer duly commissioned by the laws of the State of Florida, on this day of C �; �� personally appeared J oS2pI PP_/' }J -,E�- who having been first duly sworn poses and says that he /she fully understands the contents of the affidavit that he /sh �Igned. ;;fir Pj •, CRYSTAL WIEDRICK MY COMMISSION # DD 579059 ^:Q EXPIRES: July 30, 2010 Banded Thru Notary Public Underwriters Notary Pkiblic Signature Notary Seal /Stamp ommission Expires: 4 2000 CADocuments and Settings \derek.ferguson\ Desktop\ planningforms _0707\Comprehensive Infill Project (FLD) 04- 24- 07.doc Page 8 of 8 KABelleview Biltmore \Cabana Club \Permits \Flexible Development Application - Comp. Infill Redev. Project.pdf • • EXHIBIT A LEGAL DESCRIPTION,`� 1- 4 2006 P3ANX ""4.'G DEP' T EN7 Belleview Biltmore Cabana Club CITY OF CtP- VJAsER 1590 Gulf Boulevard PARCEL VI - CABANA CLUB PROPERTY - LEASEHOLD ESTATE: BEING A PART OF THE SOUTH 474.02 FEET OF GOVERNMENT LOT 2 IN SECTION 19, TOWNSHIP 29 SOUTH, RANGE 15 EAST, PINELLAS COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF SAID SECTION 19; THENCE NORTH 89 DEG. 04'07" WEST, ALONG THE SOUTH LINE OF SAID SECTION FOR 2351.90 FEET TO A POINT ON THE WESTERLY RIGHT OF WAY LINE OF GULF BOULEVARD (STATE ROAD 699) A 100 FOOT RIGHT OF WAY; SAID POINT BEING THE POINT OF BEGINNING (P.O.B.); THENCE CONTINUE NORTH 89 DEG. 04'07" WEST FOR 400.09 FEET TO A POINT ON THE EROSION CONTROL LINE AS ESTABLISHED IN BULKHEAD PLAT BOOK 2, PAGE 65 AND ALSO RECORDED IN OR BOOK 5141, PAGE 1590, THENCE NORTH 24 DEG. 39'22" EAST, ALONG SAID EROSION CONTROL LINE FOR 217.93 FEET; THENCE SOUTH 68 DEG. 10'45" EAST, FOR 100.35 FEET; THENCE SOUTH 20 DEG. 00'14" EAST FOR 7.66 FEET; THENCE SOUTH 65 DEG. 00'14" EAST, FOR 16.00 FEET; THENCE SOUTH 24 DEG. 59'46" WEST FOR 4.00 FEET; THENCE SOUTH 65 DEG. 00'14" EAST FOR 41.00 FEET; THENCE NORTH 24 DEG. 59,46" EAST FOR 56.96 FEET; THENCE SOUTH 65 DEG. 00'14" EAST FOR 50.25 FEET; THENCE SOUTH 58 DEG. 01'40" EAST FOR 165.71 FEET TO A POINT ON THE AFOREDESCRIBED WEST RIGHT OF WAY LINE OF GULF BOULEVARD; THENCE SOUTH 31 DEG. 58'20" WEST FOR 88.41 FEET TO THE POINT OF BEGINNING. TOGETHER WITH THE RIGHTS OF INGRESS AND EGRESS AS RECITED IN THAT CERTAIN CORRECTIVE WARRANTY DEED RECORDED IN OFFICIAL RECORDS BOOK 5785, PAGE 1279, ON JUNE 19, 1984, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA. TOGETHER WITH THE REVERSIONARY INTEREST SET FORTH IN THAT CERTAIN CORRECTIVE WARRANTY DEED RECORDED IN OFFICIAL RECORDS BOOK 5785, PAGE 1279, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA. 4 2066 EXHIBIT B��GtzG RESPONSES TO FLEXIBLE DEVELOPMENT APPLICATTUN IROPKU ",r" COMPREHENSIVE INFILL REDEVELOPMENT PROJECT Belleview Biltmore Cabana Club 1590 Gulf Boulevard SECTION B. DESCRIPTION OF REQUEST Request In June, 2007, Belleview Biltmore Owner, LLC purchased the Belleview Biltmore Hotel and the Belleview Biltmore Golf Course and Club located in the Town of Belleair as well as the Cabana Club located within the City of Clearwater. The owner has submitted site plans to the Town of Belleair for historic restoration and new construction at the Belleview Biltmore Hotel and the Golf Course. The owner also wishes to gain approval for overnight accommodation use (hotel) on the Cabana Club site located on Sand Key in Clearwater, Florida. The owner desires to rebuild the site with a boutique hotel and accessory uses containing 38 hotel rooms. While both the Belleview Biltmore Hotel and this site will be operated by the same hotel operator, the Cabana Club offers the beachfront experience not available at the Belleview Biltmore Hotel. The applicant, Belleview Biltmore Owner, LLC, requests Flexible Development Approval of a Comprehensive Infill Redevelopment Project in accordance with the plans submitted with the application, including relief as follows: a. A reduction in the lot width to 88' where 200' is required. b. A reduction in the front setback (east) along Gulf Boulevard for structures other than buildings to 5' to pavement, where 25' is required. C. A reduction in the side setback (north) for buildings to 0' where 0' -10' is required. d. A reduction to allow buildings located 0' landward/east of the CCCL on the western side of the property, where 10' -20' is required. e. An increase in the maximum height from the allowable height of 25' to the proposed height of 67'. f. Approval to allow cabana "breakaway - style" structures 25 feet seaward /west of the CCCL. The site plan shows various non - habitable improvements seaward of the Coastal Construction Control Line (CCCL). These improvements include trees, landscape and temporary cabanas. The applicant acknowledges that these improvements require a permit by the Florida Department of Environmental Protection prior to construction. Page 1 of 16 Revised 7 -14 -08 R,EC 1� J aL 14 2000 History of Site C17V OF Cup,, f .Ze.. The improvements and site now known as the Belleview Biltmore Cabana Club were originally built in 1983 along with the Cabana Club Condominiums to the immediate north of the site, which were completed in 1984. Due to the projects being designed and constructed within the same timeframe, the Condominium and the Cabana Club share a common wall along their shared north and northwest common property lines. In addition, the two properties share one entry drive from Gulf Boulevard and this shared driveway will be maintained in this site plan. The width of the project site and the current location of the shared driveway make it difficult, if not impossible, to permit a separate driveway to serve solely the project site. In November, 2002, the Clearwater Community Development Board approved a Flexible Development application to allow the re- establishment and renovation of the site as a beach club and pool in association with and for the benefit of the guests of the Belleview Biltmore Hotel and a restaurant both for Hotel guests as well as for the general public. The approved use has been in operation by the Belleview Biltmore Hotel since that approval as a restaurant (for hotel guests and the public) and as a pool and beach amenity for hotel guests only. As shown on the site's survey, the owner has the rights to submerged lands and an ingress /egress easement to the dock location on the Clearwater Harbor east of Gulf Boulevard. We have removed all references to this dock in this narrative due to community concerns and we will evaluate other options. We reserve our right to bring this issue back to the City in the future after we have completed our assessment of the available alternatives. Description of Proposed Proiect The new owner of the site desires to demolish the existing building and construct a new 38 room boutique hotel as well as accessory uses including a restaurant, pool, men's and women's locker rooms, exercise room and beachfront cabanas. The Cabana Club will be operated and marketed by the same hotel operator as the Belleview Biltmore Hotel but will have a complete staff to serve this hotel, including check -in services. Guests arriving at the Cabana Club may arrive via personal car, taxi or hotel - provided shuttle and will check in at the Cabana Club for their stay. Although the Belleview Biltmore Hotel is within the Town of Belleair, it is important for the Cabana Club to reflect the architecture of the historic hotel for identification and marketing purposes. It should be noted that the Cabana Club's design reflects architectural features of both the historic hotel as well as the Cabana Club Condominiums located to the immediate north of the site. These architectural components will be discussed in more detail in the Criteria sections to follow. Page 2 of 16 Revised 7 -14 -08 It is expected that some of the guests at the Belleview Biltmore Hotel would desire to visit the beach for part of the day. These guests will be transported by the Hotel operator via van to the Cabana Club property on the beach. As is typical for hotels and allowed by the Clearwater's Development Code, the Cabana Club will have several accessory uses including a restaurant, men's and women's locker rooms and an exercise room. All of these accessory uses are located on the first habitable floor with access solely through the main entrance of the hotel. The proposed hotel restaurant will be located in the same general location as the current restaurant on the north side of the site. The hotel will be fully staffed 24 hours as is typical for hotel operations. At this time, it is premature for the owner to establish hours of operation for the accessory restaurant. Although the Cabana Club restaurant will be open to the public like other. hotel operations, it will be operated with priority given first to Cabana Club or Belleview Biltmore Hotel guests. It is further understood that as an accessory use, the restaurant will not be allowed to have any external signage advertising it separately from the Cabana Club hotel. The Hotel van will provide service for Belleview Biltmore Hotel guests to visit the Cabana Club's restaurant for a meal. We also expect that guests at the Cabana Club may wish to travel by van or private car to dine in one of the Belleview Biltmore Hotel's restaurants. MCP ��11PIWI!_ JX � 11 4 2000 Page.3 of 16 Revised 7 -14 -08 ORKDIIWI RAC! -.-IV D J (AL 14 2000 SECTION D. WRITTEN SUBMITTAL REQUIREMENTS C1171 OF (A L, .4� „voT�Y Responses to General Applicability Criteria 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 specific uses in the immediate vicinity of the site are: North- existing Cabana Club Condominium with 8 habitable floors in height over one floor of parking. South- existing Dan's Island Condominium with 11 floors in height. East- Gulf Boulevard, then The Harbour condominium with 7 habitable floors over one floor of parking (80 feet high) and The Isle of Sand Key condominium located more than 300 feet to the southeast with 16 floors in height. West -The property is bounded on the west by the Gulf of Mexico. The proposed project is six habitable floors over one floor of parking. As can be seen by the above data, the proposed project is lower in height by one floor than its eastern neighbor, two floors from its northern neighbor and by five floors lower than its southern neighbor. With regard to bulk and coverage, the three adjacent properties (Cabana Club Condominiums, Dan's Island and The Harbour) are oriented with the longest dimension of the building located parallel to Gulf Boulevard, with the longest portion of the building facing the Gulf of Mexico and the Intercoastal Waterway. The proposed project will also be oriented to take advantage of the Gulf of Mexico view but the length and width of the building have been designed to minimize the footprint of the building and its footprint is smaller than all adjacent buildings. The proposed project has also reduced the height and size of restaurant section of the building to a one- story building which height is substantially lower than the adjacent 8 floor Cabana Club Condominiums. The front building setback of the proposed Cabana Club has been located to be generally consistent with its two immediately adjacent neighbors, the Cabana Club Condominiums and Dan's Island. The front of the proposed Cabana Club does not extend closer to Gulf Boulevard than either adjacent property to maintain a consistent view from the street. The two adjacent neighboring residential buildings are also located on or within close proximity to the Coastal Construction Control Line (CCCL) which is also consistent Page 4 of 16 Revised 7 -14 -08 with the pattern of construction of the other buildings along Sand Key as previously documented to the City. The proposed Cabana Club wishes to build in the same location in relationship to the CCCL as the adjacent properties and the balance of the buildings on Sand Key. The character of the adjacent properties is multi - family residential dwellings constructed in the high -rise style. The proposed hotel of 38 hotel rooms will be more similar to the existing residential uses than almost all of the other possible commercial uses that would be permissible by the site's Commercial zoning district. The principal activity of the hotel guests will be to enjoy the beach just as the existing residents enjoy the beach. In contrast, other commercial uses that would be permissible by the site's zoning are nightclub, retail sales and outdoor retail sales, restaurant, automobile service station, offices, vehicle sales and alcoholic beverage sales (i.e., alcoholic package sales). All of these other commercial uses will create substantially more noise and traffic and a peak activity period much later in the evening than the proposed hotel. Our research has determined that a significant portion of the properties on Sand Key do not have status as homestead exempt properties, meaning that the Sand Key residence is not the primary residence for the owner(s). Therefore, it is highly likely that some or all of these non - homestead exempt units are rented to tourists on a transient basis for a weekly, monthly or seasonal term. This transient rental of the adjacent condominiums is similar to the proposed hotel's characteristics in that non - residents/ tourists arrive at the location, live in the hotel/condominium for a period of time and then leave the area to return to their home outside of Clearwater. The condominiums on Sand Key provide a different tourist experience than the hotels on Clearwater Beach but both areas attract and allow tourism. In addition, the County's Sand Key Park attracts a significant number of out -of -state and out -of- County tourists due to its premier beach- front park setting. The site is located on Sand Key which is fully developed with residential condominium uses, hotels and a shopping center. The bulk, coverage, density and character of Sand Key is high -rise multi - family and resort development style with the highest residential and hotel densities in the City. The proposed hotel will be consistent with the existing pattern of development on Sand Key but will be substantially lower in height than all existing buildings that front on the Gulf of Mexico. 2011 K(A ¢p�.!!�� jy JUL �a1. 4 2008 �G Y RANNN.R� MENT CIri 0 F I COW m%V,�R Page 5 of 16 Revised 7 -14 -08 0 0 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 proposed project will enhance this section of Sand Key in many ways: a. Redevelopment of an underutilized site with superior architecture that reflects the historic design of the Belleview Biltmore Hotel as well as the design of the adjacent Cabana Club Condominiums, b. Anticipated substantial increase in the property value of this site as a result of the redevelopment from the current value of approximately $3 million to the projected value of $25 million after construction, c. New construction that meets the current Building Codes, an especially important feature for beachfront construction, d. Establishment of a use consistent with and in keeping with the character of Sand Key and its resort and multifamily uses, e. Removal of the site's development potential as one or more of the commercial uses allowed in the current Commercial zoning district, many of which would be incompatible with the existing residential and resort character of Sand Key. As noted above in the response to Criterion 1, the adjacent properties are constructed with high -rise multi - family residential development. The characteristics of the proposed hotel are more similar to the existing residential development than other permissible commercial uses would be. The guests of the hotel will do many of the same activities that the owners or transient residents of the condominium do, i.e., visit the beach, visit other Page 6 of 16 Revised 7 -14 -08 The proposed Cabana Club has been designed to be compatible with the architecture of the existing Cabana Club Condominiums to the immediate north. The similar features on each building include the building and roof colors, the exterior siding material, the fenestration and the steeply pitched roof lines with multiple dormers. These same architectural features found in the design of the existing Cabana Club Condominium and in the proposed cx� s Cabana Club also exist at the historic Belleview Biltmore Hotel. The owner finds it important that the proposed Cabana Club reflect the historic architecture of the Belleview Biltmore Hotel for identification and marketing 0 purposes. ZZI The current assessed value of the property is approximately $3 million with the existing improvements. The construction value for the proposed improvements is estimated to be $25 million, a substantial improvement over the existing property. The increase in value after construction will likely be reflected in an increased assessment and related increased taxes generated by the improvements. As noted above in the response to Criterion 1, the adjacent properties are constructed with high -rise multi - family residential development. The characteristics of the proposed hotel are more similar to the existing residential development than other permissible commercial uses would be. The guests of the hotel will do many of the same activities that the owners or transient residents of the condominium do, i.e., visit the beach, visit other Page 6 of 16 Revised 7 -14 -08 tourist attractions in the area, visit and shop at retail facilities, go out to lunch. and dinner, etc. The hotel guests will likely do these leisure activities during off -peak hours similar to the activity patterns of the owners and transient guests of the condominium. However, many commercial uses will have hours of operation that open earlier and close later than the typical activity periods of the hotel guests and residents. This difference in activity patterns will likely result in the commercial uses generating more noise and traffic than that of the hotel and condominium uses. Some of the permissible commercial uses in the Commercial zoning district can have external impacts such as outdoor display of goods for sale, which will not occur with the proposed hotel and is generally not consistent with the condominiums. 3. The proposed development will not adversely affect the health or safety of persons residing or working in the neighborhood of the proposed use. It is not expected that the characteristics of the proposed hotel use would generate any negative impacts on the health and safety of the people who live and work in the vicinity of the project. The hotel will be managed by the same hotel operator as the Belleview Biltmore Resort in Belleair and will be a first class four or five star hotel. The very nature of this first class hotel ensures that the operations will be compatible with the residential and resort nature of this section of Sand Key. It is anticipated that some guests from the Belleview Biltmore Hotel will desire to visit the beach for part of the day. These guests will be transported from the Hotel in Belleair via van or may use their private car. 4. The proposed development is designed to minimize traffic congestion. The site currently shares a Gulf Boulevard driveway with the Cabana Club Condominium to the north. The existing driveway is proposed to be maintained in this application and this single driveway will minimize any 7— x potential traffic flow issues along Gulf Boulevard. No additional driveways W R, are proposed as part of this application. cm `" n g on site and rovide e ste aso P ro oses to rovide all re uired arki !4 , 0 parking in excess of code requirements. This parking is achieved by locating dam' 4 F parking underneath the first hotel level as well as at -grade parking in front of :7) Z the building. Finally, the Belleview Biltmore Hotel will provide van service from the airport to assist in minimizing the necessity of guests' renting a personal vehicle and driving to the resort. The Hotel will also operate van Page 7 of 16 Revised 7 -14 -08 transportation for the main hotel guests who wish to visit the Cabana Club to enjoy the beach or eat at the restaurant. 5. The proposed development is consistent with the community character of the immediate vicinity of the parcel proposed for development. As stated earlier, the proposed hotel use is consistent both in use and intensity with the existing development pattern in the immediate vicinity as well as on the balance of Sand Key, namely that of high -rise multifamily and resort development. The proposed hotel will assist in reinvigorating the City's tourism industry and replace hotel rooms recently lost through residential conversion. This proposed hotel would compliment two existing hotels on Sand Key and add to the options for tourists visiting Clearwater. While it is recognized that Sand Key provides a different tourist destination than that of Clearwater Beach, nonetheless, both areas are tourist destinations due to the availability of tourist facilities including the existing hotels, non - homestead exempt condominiums which can be rented to tourists and the County's Sand Key Park, a highly rated and frequently visited tourist destination. Also as stated earlier, the proposed hotel is substantially more similar to the use characteristics of the condominiums than other allowable commercial uses would be. For example, the noise, traffic and peak activity periods for the commercial uses will be less compatible with the existing residential areas. 6. The design of the proposed development minimizes adverse effects, including visual, acoustic and olfactory and hours of operation impacts on adjacent properties. Page 8 of 16 Revised 7 -14 -08 The proposed new structure will improve the visual appeal of this section of Sand Key with the new building reflecting the architecture of the Belleview Biltmore Hotel. The parking lot and landscaping will be enhanced through this application with new paving, new landscape materials and new hardscape materials all in a pleasing design. LU a C= ` " `'' The project has been carefully designed with respect to the existing N condominium buildings on each side. The new restaurant section of the ---.1+ 0 building will be located in virtually the same location as the existing (�r=" (D� � restaurant but constructed with only two floors as compared to the existing �5, f '�' , f ��t• " �� three floors. The new hotel component has been located to the south over the existing pool location and has been separated from the existing Cabana Club 4 condominium buildings to the greatest degree possible. The new design will ensure that existing views from the adjacent Cabana Club condominiums will be maintained since the lowest part of the new hotel is adjacent to the existing condominium. Page 8 of 16 Revised 7 -14 -08 As described above, the front building setback of the proposed Cabana Club has been located to be generally consistent with its two immediately adjacent neighbors, the Cabana Club Condominiums and Dan's Island. The front of the proposed Cabana Club does not extend closer to Gulf Boulevard than either adjacent property to maintain a consistent view from the street. The two adjacent neighboring residential buildings are also located on or within close proximity to the Coastal Construction Control Line (CCCL) which is also consistent with the pattern of construction of the other buildings along Sand Key. The proposed Cabana Club wishes to build in the same location in relationship to the CCCL as the adjacent properties and the balance of the buildings on Sand Key. To the south, the project is separated from the neighboring project, Dan's Island Condominium, by their parking lot. The distance from the closest edge of the Dan's Island building to the project's south property line is approximately 100 feet. The location of the new Cabana Club hotel component has been oriented such that it will not impair the view of the adjacent Dan's Island condominium to the south. The construction of the proposed Cabana Club will not have any detrimental effect on the existing views for the Dan's Island condominiums due to the substantial distance between the buildings and to the current orientation of the windows and balconies of the Dan's Island buildings. There are two residential projects on the east side of Gulf Boulevard in the vicinity of the Cabana Club site: The Harbour and The Isle of Sand Key. The current western views from The Harbour condominium currently are blocked by portions of the two existing Cabana Club Condominium which are 8 floors in height. The Isle of Sand Key is located more than 300 feet south and substantially east of the project site and is constructed with 16 floors in height; no change to the current views from this condominium is expected as a result at ;4, of the project. Although the project is not legally required to maintain view corridors for project nearby property owners, it oject has minimized ed any adverse visual d noted f effects o the n greatest degree rt� possible while allowing a reasonable use of the project site. As described in detail above, construction of the project will result in the views from all of the adjacent residential condominiums being maintained in as close to the existing fashion as possible with the new construction. As described above, the hotel will be a first class hotel operated by the Belleview Biltmore Resort. The nature of this type of hotel and its guests will ensure that there will be minimal impact on the adjacent properties with regard to hours of operation. The hotel will be fully staffed 24 hours per day as is typical of other hotel operations. At this time, it is premature for the owner to establish hours of operation for the restaurant. Page 9 of 16 Revised 7 -14 -08 • Responses to the Comprehensive Infill Redevelopment Project Criteria 1. The development or redevelopment of the parcel proposed for development is otherwise impractical without deviations from the use and /or development standards set forth in this zoning district. The site's irregular shape creates design challenges that necessitate the need for several deviations to the development standards. The site is also substantially smaller than almost all other sites on Sand Key. The current lot width is a pre- existing condition that was created prior to the City's new Community Development Code established in 1999 and is therefore, a legal nonconformity. In addition, due to the existing development on each side of the site, there is no opportunity to expand the lot width site; however, the site does exceed the minimum lot size of the Commercial zoning district. Therefore, the pre- existing condition and compliance with the minimum lot size should justify the deviation requested with regard to lot width. It should also be noted that the Cabana Club Condominium conducted a vote of its members with the following results as stated in the attached correspondence from George Mitrovich, President: "The results of the vote are decisive. I ACCEPT the Belleview Biltmore development plan as currently presented. 74.2 %. Page 10 of 16 Revised 7 -14 -08 The setback reductions requested are the minimum possible to enable a reasonable use of the site. It should also be noted that the requested setback reductions are the same as those approved in 2002 for the existing development. The front setback maintains the same setback for paving as exists on the two adjacent properties, Cabana Club Condominium and Dan's Island. In addition, the proposed Cabana Club and the existing Cabana Club Condominium share a driveway and if the subject site increased the front yard setback to the 25' requirement, it would create an asymmetrical entrance while also having the effect of significantly reducing the amount of parking on the project site. Z� The revised project proposes to meet the setback on the southern property line C= n e both for building and pavement. Therefore, there is no deviation requested on �" 1, AO 01 the southern property line adjacent to Dan's Island. The deviation to the northern setback is still requested due to site constraints. It should be noted - ^4 that the northern portion bf the proposed building will abut the side of the 4 adjacent Cabana Club Condominiums in an area where there are no balconies on this building. In addition, the section of the proposed building that abuts the Cabana Club Condominium will be only two stories in height, the first floor of each building is parking and not a habitable section of either the condominium or the hotel. It should also be noted that the Cabana Club Condominium conducted a vote of its members with the following results as stated in the attached correspondence from George Mitrovich, President: "The results of the vote are decisive. I ACCEPT the Belleview Biltmore development plan as currently presented. 74.2 %. Page 10 of 16 Revised 7 -14 -08 • 17_� I DO NOT ACCEPT the Belleview Biltmore development plan as currently presented and I authorize the Board to fight the development plan using association funds and board time. 25.8% The owners have mandated that the board will not use association funds and or board time to fight the development plan." With regard to the western setback from the CCCL, as has been stated above, the two immediately adjacent neighboring residential buildings are also located on or within close proximity to the Coastal Construction Control Line (CCCL) which is also consistent with the pattern of construction of the other buildings along Sand Key. The proposed Cabana Club wishes to build in the same location in relationship to the CCCL as the adjacent properties and the balance of the buildings on the gulf side of Sand Key. The proposed hotel has been designed to concentrate the hotel rooms in the southern portion of site to allow for an efficient design and for the view corridors expected at a first class beach resort. The proposed height of 67 feet is reasonable considering the high density and high -rise construction throughout Sand Key and immediately adjacent to the site. In fact, the project will be two floors lower than the Cabana Club Condominium to the immediate north and five floors lower than the Dan's Island Condominium to the immediate south. The proposed project is also substantially lower in height than all other buildings on Sand Key with Gulf of Mexico frontage. 2. The development or redevelopment will be consistent with the goals and policies of the Comprehensive Plan, as well as with the general purpose, intent and basic planning objectives of this Code and with the intent and purpose of this zoning district. Page 11 of 16 Revised 7 -14 -08 The project is consistent with the site's plan category since Overnight .. rr �� accommodations are allowed in the Commercial General Plan category at a CX3 �` ; density of 40 rooms per acre. Overnight accommodations are also allowed in cthe Commercial zoning district in all three levels of review: as a Minimum Standard use, as a Flexible Standard use and as a Flexible Use. The site has three land use plan categories/ zoning districts with the portion of the site 0 designated as Commercial land use and zoning is 0.963 acres in size, thus �=- allowing the 38 hotel rooms that are requested. The project is consistent with the goals and policies of the Comprehensive Plan as the Plan encourages redevelopment and reinvigoration of the tourism industry. As described above, the tourism destination provided by Clearwater Beach versus Sand Key has different characteristics, but they are both tourist destinations, nonetheless. The addition of a third hotel on Sand Key will provide another alternative tourist facility to complement the two existing hotels on Sand Key. Page 11 of 16 Revised 7 -14 -08 The redevelopment of this beach club and restaurant to a full service high quality boutique hotel is consistent with the City's desire to encourage new hotel development, increase the number of hotel rooms, add lodging choices for the traveling public and ultimately positively affect the City and County's tourism industry. 3. The development or redevelopment will not impede the normal and orderly development and improvement of surrounding properties. All surrounding properties are completely developed and it is not anticipated that any of these sites will be redeveloped in the foreseeable future. The proposed hotel will certainly not impede the ability of the surrounding properties to enhance their developments in.. accordance with City codes. Please see detailed responses to General Applicability Criteria numbers 1, 2 3, 5 and 6 above. 4. Adjoining properties will not suffer substantial detriment as a result of the proposed development. Please see detailed responses in General Applicability Criteria numbers 3 and 6. 5. The proposed use shall otherwise be permitted by the underlying future land use category, be compatible with adjacent land uses, will not substantially alter the essential use characteristics of the neighborhood; and shall demonstrate compliance with one or more of the following The character of the adjacent properties is multi - family residential dwellings constructed in the high -rise style. The proposed 38- room hotel will be more similar to the existing residential character than almost all of the other Page 12 of 16 Revised 7 -14 -08 objectives: a. The proposed use is permitted in this zoning district as a minimum standard, flexible standard or flexible development use; b. The proposed use would be a significant economic contributor to the City's economic base by diversifying the local economy or by creating jobs; UJ c. The development proposal accommodates the expansion or MIME C= C= 0,, redevelopment of an existing economic contributor; N '' d. The proposed use provides for the provision of affordable housing; in e. The proposed use provides for development or redevelopment an (/"sq`y r area that is characterized by other similar development and where a land use plan amendment and rezoning would result in a spot land use or zoning.designation; or f. The proposed use provides for the development of a new, and /or preservation of a working-waterfront use. The character of the adjacent properties is multi - family residential dwellings constructed in the high -rise style. The proposed 38- room hotel will be more similar to the existing residential character than almost all of the other Page 12 of 16 Revised 7 -14 -08 possible commercial uses that would be permissible by the site's Commercial district. The principal activity of the hotel guests will be to enjoy the beach just as the existing residents enjoy the beach. In contrast, other commercial uses that would be permissible by the site's zoning are nightclub, retail sales and outdoor retail sales, restaurant, automobile service station, offices, vehicle sales and alcoholic beverage sales (i.e., alcoholic package sales). All of these other commercial uses will create substantially more noise and traffic, create a peak activity period much later in the evening than the proposed hotel and will likely have the effect of altering the characteristics of the neighborhood to a significant degree. Therefore, based on many similar characteristics of use shared between a hotel and a condominium, the proposed project will not alter the essential use characteristics of the area. The project meets three of the above criteria: a, b, c as described more fully below. The project meets Criterion a since overnight accommodations are an allowable use in the Commercial zoning district in all three levels of review. The proposed hotel use meets Criterion b as it will make a positive impact on the City's economy by creating new jobs in the construction of the project; creating new jobs for the permanent employees of the hotel, and new ad valorem, sales tax and tourist development taxes. Additionally, the guests of both the Cabana Club and the main Belleview Biltmore Hotel will patronize the retail, restaurant and tourist attractions of Clearwater and Clearwater Beach, thus contributing in another meaningful way to the local economy. The proposed beachfront hotel is the third important component of the redevelopment envisioned by the developer which also includes the renovation of the Belleview Biltmore Hotel and the Golf Course and Club. Therefore, this project meets Criterion c since it will significantly increase the extent and amount of economic contributions generated by the new development. Page 13 of 16 Revised 7 -14 -08 The importance of the connection of this project to the Belleview Biltmore Hotel cannot be overemphasized. The ability to provide a beachfront hotel as Z r- part of the Belleview Biltmore experience is important as well as the ability E�1 f e for guests of the main hotel to visit and enjoy the beach and then return to the main hotel for their lodging. The Belleview Biltmore is historically significant in Florida as one of only two remaining hotels of the H.B. Plant <, Railroad system. This historic significance of the Belleview Biltmore creates � ;,, -3 a draw for tourists from within the state as well as from the balance of the >- United States and foreign visitors. The Cabana Club is a critical part of the redevelopment of the entire project both to assist in the total number of overall rooms in the resort as well as providing a unique beachfront experience. The redevelopment of the Cabana Club as proposed is essential to the overall success of the Belleview Biltmore Hotel as a world -class resort facility. Page 13 of 16 Revised 7 -14 -08 • • 6. Flexibility with regard to use, lot width, required setbacks, height and off - street parking are justified based on demonstrated compliance with all of the following design objectives: a. The proposed development will not impede the normal and orderly development and improvement of the surrounding properties for uses permitted in this zoning district; As stated earlier, all surrounding properties are completely developed and total redevelopment is not likely. The project will not prevent the enhancement or upgrade of any surrounding properties but rather will add a complementary new building and design to Sand Key. As discussed in detail in Comprehensive Infill Criterion number 1, the deviations to setbacks and height are consistent with the existing development pattern. In fact, the project's requested height is lower by a range of two to six floors than the existing adjacent projects and seven floors lower than is typical of the balance of Sand Key Gulf -front properties. b. The proposed development complies with applicable design guidelines adopted by the city; While there are no design guidelines adopted for this section of the City, the project has been designed to a very high level of architectural sophistication. Since the hotel is part of the Belleview Biltmore Hotel complex, the design reflects the historic hotel while adding features that reflect its beachfront location. In order to avoid duplication, please see the detailed discussion on the architectural design in Response 6d below. c. The design, scale and intensity of the proposed development supports the established or emerging character of an area; Page 14 of 16 Revised 7 -14 -08 As described in detail above, the deviations to the front yard and CCCL setbacks are consistent with the development pattern and setbacks for the adjacent residential projects to the immediate north and south. In addition, almost all of the residential buildings on Sand Key are located on or in close proximity to the CCCL, which is the same setback requested by this rZ t project. CIQ While the lot width is less than the Commercial district requirements, the lot width is a legal nonconformity and the site significantly exceeds the � minimum lot size for the Commercial district. There is no opportunity to Fla expand the site's width due to the existing development on either side of the site. Page 14 of 16 Revised 7 -14 -08 0 0 The character of the Sand Key area is established as one of high density, high -rise residential and resort construction. The proposed hotel will contribute positively to the resort element of Sand Key and the design and scale are consistent with the existing pattern. It should be noted that the proposed height of 67 feet (six floors) is substantially lower than all of the condominium and hotel buildings on Sand Key that front on the Gulf of Mexico. d. In order to form a cohesive, visually interesting and attractive appearance, the proposed development incorporates a substantial number of the following design elements: i. Changes in horizontal building planes; ii. Use of architectural details such as columns, cornices, stringcourses, pilasters, porticos, balconies, railings, awnings, etc.; iii. Variety in materials, colors and textures; iv. Distinctive fenestration patterns; v. Building stepbacks; and vi. Distinctive roof forms. The design of the project is 'of paramount importance to the developer and all of the design features mentioned above have been incorporated into the design. Since the Cabana Club will be a part of the Belleview Biltmore Resort, the building has been carefully designed to reflect the Victorian architectural style of the historic Belleview Biltmore Hotel. A second critical element in the design is the developer's desire to be compatible with the existing Cabana Club Condominiums to the north. The design of the new hotel incorporates many of the architectural elements of the Belleview Biltmore and the Cabana Club Condominiums including: an overall asymmetrical design, use of the same highly pitched roof style, use of balconies to achieve changes in horizontal plane, and the use of the similar materials, colors and fenestration. The building's design also proposes a specific base, middle and top to articulate the various functions within the hotel. The base of the building incorporates the ground level parking area and hotel entry and is delineated by the use of brick/rock on the fagade as well as incorporating faux windows to maintain an inviting appearance. The middle of the building includes the six levels of hotel rooms and is characterized by wooden siding and detailed fenestration. The middle of the building also incorporates balconies for all hotel rooms to assist in creating positive /negative space in the design. As discussed previously, the hotel component of the project has been located so as not to extend in front of the existing adjacent residential developments. Page 15 of 16 Revised 7 -14 -08 x.r IN 0 0 The character of the Sand Key area is established as one of high density, high -rise residential and resort construction. The proposed hotel will contribute positively to the resort element of Sand Key and the design and scale are consistent with the existing pattern. It should be noted that the proposed height of 67 feet (six floors) is substantially lower than all of the condominium and hotel buildings on Sand Key that front on the Gulf of Mexico. d. In order to form a cohesive, visually interesting and attractive appearance, the proposed development incorporates a substantial number of the following design elements: i. Changes in horizontal building planes; ii. Use of architectural details such as columns, cornices, stringcourses, pilasters, porticos, balconies, railings, awnings, etc.; iii. Variety in materials, colors and textures; iv. Distinctive fenestration patterns; v. Building stepbacks; and vi. Distinctive roof forms. The design of the project is 'of paramount importance to the developer and all of the design features mentioned above have been incorporated into the design. Since the Cabana Club will be a part of the Belleview Biltmore Resort, the building has been carefully designed to reflect the Victorian architectural style of the historic Belleview Biltmore Hotel. A second critical element in the design is the developer's desire to be compatible with the existing Cabana Club Condominiums to the north. The design of the new hotel incorporates many of the architectural elements of the Belleview Biltmore and the Cabana Club Condominiums including: an overall asymmetrical design, use of the same highly pitched roof style, use of balconies to achieve changes in horizontal plane, and the use of the similar materials, colors and fenestration. The building's design also proposes a specific base, middle and top to articulate the various functions within the hotel. The base of the building incorporates the ground level parking area and hotel entry and is delineated by the use of brick/rock on the fagade as well as incorporating faux windows to maintain an inviting appearance. The middle of the building includes the six levels of hotel rooms and is characterized by wooden siding and detailed fenestration. The middle of the building also incorporates balconies for all hotel rooms to assist in creating positive /negative space in the design. As discussed previously, the hotel component of the project has been located so as not to extend in front of the existing adjacent residential developments. Page 15 of 16 Revised 7 -14 -08 0 0 The top of the building is the distinctive roofline which mimics the historic roofline of the Belleview Biltmore Hotel as well as the Cabana Club Condominium to the north. The main entry to the Cabana Club in the lower portion of the building also incorporates the highly pitched roof style to emphasize the entry location. It should be noted that when the Cabana Club Condominiums and the existing development on this site were constructed, the developer of that project also owned the Belleview Biltmore and incorporated design elements from the historic hotel. In this new construction, the developer created a design that is compatible with the existing Cabana Club Condominiums and also reflects the historic design features of the historic Belleview Biltmore Hotel. e. The proposed development provides for appropriate buffers, enhanced landscape design and appropriate distances between buildings. The project is appropriately located with regard to its neighbors. On the north side of the property, the project proposes to construct the restaurant portion at a height one floor lower than the current 3 story restaurant structure. The orientation and lower height of the new restaurant will maintain the existing views of the adjacent Cabana Club Condominium. To the south, the parking lot of the existing Dan's Island Condominium comprises an effective buffer with a distance of approximately 100 feet from the southern edge of the site as well as providing the code required setback and buffer. The project proposes a Comprehensive Landscape Program to meet the requirements of the City's landscaping requirements; please see the responses to that application for more detailed information regarding the proposed landscape plan. 2008 Ra nom � °r;o Page 16 of 16 Revised 7 -14 -08 • EXHIBIT C TRAFFIC IMPACT LETTER Belleview Biltmore Cabana Club 1590 Gulf Boulevard • RF-CE" ,D 4 � 1,.1.ANNFE' C. `fR, ymrt fi G E ���OF. �eiCVe'rZi.. r� m FLORIDA DESIGN CONSULTANTS, INC. Civil Engineering • Surveying • Transportation Planning & Engineering • Land Planning • Environmental January 31, 2008 Mr. Paul Bertels, Traffic Operations Manager City of Clearwater 100 South Myrtle Avenue, Room 220 Clearwater, Florida 33756 -5520 RE: Belleview Biltmore Cabana Club 1590 Gulf Boulevard Dear Mr. Bertels: This letter is being sent to document that a traffic study is not needed for the above captioned project. The existing facility provided at the Cabana Club is a restaurant that totals 7,653 square feet. This restaurant consists of the following dimensions: Size Location (Square Feet) Lower Level Lounge 102 Main Bar and Lounge 978 Main Dining Room 1,923 Kitchen 1,339 Private Dining Room 1,390 Outside Terrace (3rd Floor) 1,921 7,653 This restaurant will be demolished and will be replaced by a 38 room hotel that will include a restaurant. Using information from the Institute of Transportation Engineers informational report Trip Generation, Seventh Edition, 2003, the trips generated by the existing and proposed land uses have been calculated. The daily trip generation for the existing and proposed development at the Cabana Club is indicated in Table 1. The existing restaurant is estimated to generate 688 trips per day, while the hotel units that will replace it will generate 339 trips per day. Since there will be a net decrease in traffic of 349 trips per day no traffic study should be required. Please contact me if you have any questions concerning this matter. Sinc l oy E P. Vice dent of Transportation File: 2007- 0025 -40.06 . 14 2008 :pcm K:\Belleview Biltmore \Cabana C1ub \Letters \berte1s.01.doc 3030 Starkey Boulevard • New Port Richey, FL 34655 (727) 849 -7588 • Fax: (727) 848 -3648 • (800) 532 -1047 www.fldesign.com Table 1. Belleview Biltmore Cabana Club Development Land Use ITE LUC Size Units Daily Existing Quality Restaurant 931 7,653 Sq. Ft. 688 Proposed Hotel (Occupied Rooms) 310 38 Room 339 Trip Reduction 349 Source: ITE Trip Generation, Seventh Edition, 2003 and FDC Date: Jan. 31, 2008 TATrip Generation \[2003 Trip Gen Rates. xls]Cabana Club 120 E I W CUSAM "IT'iR °Clearwater 0 0 Planning Department 100 South Myrtle Avenue Clearwater, Florida 33756 Telephone: 727 - 562 -4567 Fax: 727 - 562 -4865 O SUBMIT ORIGINAL SIGNED AND NOTARIZED APPLICATION O SUBMIT 14 COPIES OF THE ORIGINAL APPLICATION -Plans and application are required to be collated, stapled and.folded into sets i 1 LJ CASE NUMBER: RECEIVED BY (Staff Initials): DATE RECEIVED: 1590 GULF BLVD FLD2008 -02002 BELLEVIEW BILTMORE CABANA CLUB Zoning: C atlas# 3; 1A * NOTE: A TOTAL OF 15 SETS OF THIS APPLICATION AND ALL SUPPORTING DOCUMENTATION IS REQUIRED TO BE SUBMITTED IN CONJUNCTION WITH 'A COMPLETE LEVEL ONE OR LEVEL TWO APPLICATION. COMPREHENSIVE LANDSCAPE PROGRAM (Revised 04/24/2007) PLEASE TYPE OR PRINT— APPLICANT, PROPERTY OWNER AND AGENT INFORMATION: (Code Section 4- 202.A) APPLICANT NAME: Belleview. Biltmore Owner, LLC MAILING ADDRESS: 10880 Wilshire Boulevard, Suite 1750, Los Anqeles, CA 90024 PHONE NUMBER: 310- 234 -2140 FAX NUMBER: 310- 234 -2150 CELL NUMBER: EMAIL: PROPERTY OWNER(S): Belleview Biltmore Owner, LLC List ALL owners on the deed AGENT NAME: Richard Heisenbottle / R.J. Heisenbottle Architects, P.A. MAILING ADDRESS: 2199 Ponce de Leon Boulevard, Suite 400, Coral Gables, Florida 33134 PHONE NUMBER: 305 -446 -7799, Ext. 14 FAX NUMBER: 305-446-9275_ CELL NUMBER: EMAIL: richard(EDrjhamet 1. ARCHITECTURAL THEME: a. The landscaping in a Comprehensive Landscape Program shall be designed as a part of the architectural theme of the principal buildings proposed or developed on the parcel proposed for the development. See Exhibit "A" Attached for responses to Criteria 1 - 4. OR b. The design, character, location and /or materials of the landscape treatment proposed in the Comprehensive Landscape Program shall be demonstrably more attractive than landscaping otherwise permitted on the parcel proposed for development under the minimum landscape standards. C:\Documents and Settings \derek.ferguson\ Desktop\ planningforms_070TComprehensive Landscape Program 04- 24- 07.doc Page 1 of 2 K: \Belleview Biltmore \Cabana Club \Permits \City of Clearwater Comprehensive Landscape Program Application.pdf 0 0 ao c 0 L4 9 0 2. COMMUNITY CHARACTER: • The landscape treatment proposed in the Comprehensive Landscape Program will enhance the community character of the City of Clearwater. 3. PROPERTY VALUES: The landscape treatment proposed in the Comprehensive Landscape Program will have a beneficial impact on the value of the property in the immediate vicinity of the parcel proposed for development. 4. SPECIAL AREA OR SCENIC CORRIDOR PLAN: The landscape treatment proposed: in the Comprehensive Landscape Program is consistent with any special area or scenic corridor plan which the City of Clearwater has prepared and adopted for the area in which the parcel proposed for development is located. THE LANDSCAPING REQUIREMENTS OF ARTICLE 3, DIVISION 12 MAY BE WAIVED OR MODIFIED AS A PART OF A LEVEL ONE OR LEVEL TWO APPLICATION, AS THE CASE MAY BE, IF THE APPLICATION FOR DEVELOPMENT APPROVAL INCLUDES A COMPREHENSIVE LANDSCAPE PROGRAM, WHICH SATISFIES THE .ABOVE CRITERIA. THE USE OF LANDSCAPE PLANS, SECTIONS / ELEVATIONS, RENDERINGS AND PERSPECTIVES MAY BE NECESSARY TO SUPPLEMENT THE INFORMATION PROVIDED ON THIS WORKSHEET. SIGNATURE: I, the undersigned, acknowledge that all representations made in this application are true and accurate to the best of my knowledge and authorize City representatives to visit and photograph the property described in this application. Of STATE OF FLORIDA, COUNTY OF PINED Sworn to and subscribed before me this day of A.D. 20 to me and /or by �C , who is personally known has as expires: a/a 301 —Q0 %0 CRYSTAL MEDRICK *; + MY COMMISSION # DD 579059 EXPIRES: JUIy 30, 2010 BMW Thru Notary Public Uri gnvftrs C: \Documents and Settings \derek.ferguson\ Desktop\ planningforms _0707\Comprehensive Landscape Program 04- 24- 07.doc Page 2 of 2 • • C30 0 WE jrA6 LJ r 1 LJ EXHIBIT A RESPONSES TO COMPREHENSIVE LANDSCAPE PROGRAM BELLEVIEW BILTMORE CABANA CLUB 1590 Gulf Boulevard 1. ARCHITECTURAL THEME a. The landscaping in a Comprehensive Landscape Program shall be designed as part of the architectural theme of the principal buildings proposed or developed on the parcel proposed for the development, OR b. The design, character, location and /or materials of the landscape treatment proposed in the Comprehensive Landscape Program shall be demonstrably more attractive than landscaping otherwise permitted on the parcel proposed for development under the minimum landscape standards. The purpose of this Comprehensive Landscape Program is to request relief from certain aspects of the landscape code including: a. Reduction ' of the buffer on the front property line (east) to 5' where 15' is required. b. Reduction of the buffer on the side property line (north) to 0' where 10'is required. c. Reduction in width of the internal islands on the north property line to 4.6' where 8' is required. The existing parking lot and landscaping were installed prior to the adoption of the current Community Development Code. This existing design and improvements were re- approved by the Community Development Board in approving a Flexible Development application for the Beach Club in 2002. Complete compliance with the City's landscape code will result in a decrease in the number of parking spaces for this use which desires the maximum amount of parking that can reasonably be accommodated on the site. With regard to the front buffer along Gulf Boulevard, this buffer maintains the same width as exists on the two adjacent properties, Cabana Club Condominium to the north and Dan's Island to the south. In addition, the proposed Cabana Club and the existing Cabana Club Condominium share a driveway and if the subject site increased the buffer to the 15' requirement, it would create an asymmetrical entrance while also having the effect of significantly reducing the amount of parking on the site. In addition, a major re- design of the parking lot to accommodate all of the required landscape codes will create an uneven and incompatible design between the two adjacent properties. Page 1 of 3 Revised 6 -11 -08 .i '.. co With regard to the south side buffer, the applicant has revised the plans to meet the buffer requirements along this property line and no deviations to this requirement are necessary. With regard to the north side buffer, the development proposes to build the new hotel in the same general location as the current restaurant is located. It should be noted that the Cabana Club Condominiums to the north and the existing improvements were designed and constructed in the same time frame as part of one overall project. As a result, along the north and northwest common property line, the two buildings share a common wall. In addition, the driveway configuration along this shared property line does not leave adequate space for full compliance with the buffer requirement. Therefore, complying with -the buffer requirement on the northern property line would make development of this site impractical and the deviation is requested to recognize the existing off -site improvements and their effect on the project site. It should also be noted that the Cabana Club Condominium Board has stated in writing that they are in favor of the proposed hotel and its design. As shown on the enclosed landscape plan, the applicant proposes to install landscape materials in excess of the code requirements both in the buffer areas and in the internal islands. The number of trees provided within each buffer area and the interior islands exceed that of the code requirements. In addition, the overall size of the interior landscaped area within the parking lot also exceeds the code requirements. (Please see the Landscape plan for the specific number of trees required and planted.) Native vegetation is proposed to enhance the site and be consistent with the beach location. 2. COMMUNITY CHARACTER The landscape treatment proposed in the Comprehensive Landscape Program will enhance the community character of the City of Clearwater. The existing plant material has deteriorated over time and the new landscape materials will provide a much - needed upgrade to the site. The new materials will be of a high quality and be compatible with the proposed building design that reflects the historic Belleview Biltmore architecture. 3. PROPERTY VALUES The landscape treatment proposed in the Comprehensive Landscape Program will have a beneficial impact on the value of the property in the immediate vicinity of the parcel proposed for development. The proposed new landscaping will enhance the site with the new materials throughout the site. In addition to the new landscape materials, new irrigation will be installed throughout the site to ensure the continued maintenance of the Page 2 of 3 Revised 6-11-08 E 5-; -x -. 17; e 1 So CA. 0 landscape. The new construction of the site as a first class four or five star hotel with all new site improvements will significantly improve the property values in the area of the project. The current assessed value of the property is approximately $3 million with the existing improvements. The construction value for the proposed hotel is estimated to be $25 million, a substantial improvement over the existing value. The increase in value after construction will Iikely be reflected in an increased assessment and related increased taxes generated by the improvements. 4. SPECIAL AREA OR SCENIC CORRIDOR PLAN The landscape treatment proposed in the Comprehensive Landscape Program is consistent with any special area or scenic corridor plan which the City of Clearwater has prepared and adopted for the area in which the parcel proposed for development is located. This criterion does not apply to this site since is it not located within.a special area or scenic corridor plan. Page 3 of 3 Revised 6 -11 -08 x LU ;) 0 WEST PROPERTY LINE 8 STORY MAS CONDO FIR *S• U WSEAALL / W / 1 STORY PARKING GARAGE LB I o J 7 �f�31 M o.e'w / # 1582 (9 STORY TOTAL) �jb fq� [EASEMENT LINE /I `i�� •�FR� \(C�`� tj ` METAL STAIRS oZ,41 �Fq , \� I (TMP) JcoNC wAU BLDG COI /(0.65' WIDE) 0.2'E1 V VO �� q,� �} n. a \, m � 2 ECL BPS 3, PG 14 / /�ti� SE,q.IP��SI_,_ a e'a , U� / •`� /o ej f .00, CCCL EROSION CONTROL UNE/ o CONC MEAN HIGH WATER LINE CONC SEAWALL �`~`' ! (2.0• WIDE) 1 (SEE DETAIL 2) FACE OF A9 2'IN EASEMENT LINE SEA WALL 5.63• 0.08• W OF IACUrn N29'OS•71'E(( 2 0.8'W l CONC TIE BACK WALL _ �^ 0.930)) ,�y' (t.7 WIDE) 49.63'(C. ECL) ;`;`�a' ti /W DECK DECK 1.4'N N89'"tr*(03) .—•.s 0.0N — --. SN&D 120.80 D3) — — — — — — FOUND BROKEN 102.80�(C) POB(D3 - -~ 1 RIVET 0.345 BAa( BACK N89'"07"W(L.F) OF WALL SJW POB(03) 5• CONC S/W ` OF WALL 0.1'S 0.8•S METAL DECK J A. . r `. r> SEE -&,W DETAIL r SIR ) OW 2.00' / t NORTH SIDE +� WITNESS \tt 1d,}j. COMMON WALL ry .b1 tt .i Ste, '' C /sl 2 STORY MAS BLDG W/ VINYL SIDING N 8 W/ 1 STORY PARKING GARAGE # 1590 i BL (TOTAL 3 STORY) NOTE: IMPROVEMENTS 0,; IN THE GARAGE AREA SUCH AS BUT NOT LIMITED TO COLUMNS, ELEVATOR , CONIC FLOOR, BLDG CO STORAGE AREAS, PUMPS ETC. WERE NOT MAPPED. 0.2'S, 0. META/STAIRS (TYP) "CABANA CLUB BAR & GRILL" ROOF OVERHANG (TIP) -- - - - - -- -------- ® ------- ELEVATED CONC DECK SAND Os QS SQ s� Z coNC STEPS (TYP) 3 a CONC ' CONC WALL (0.7 N1DE) cp rn POOL CONC PAVER (PARKIN(- FLOOD ZONE L SEE LIMITATIONS 13 CONC i BELLEVIEW BILTMORE CABANA CLUB 1590 Gd( Bm&-- d CleiMaOer, Florida . SCHEMATIC DESIGN Ii u 1- 1.2fXI8 PROPOSED N BEACH FRONT HOTEL 1— .... SCAL-E 1116' - T-0' pHEISENBOTTLE .. C n, T, L T. 2199 PONCE DE LEON BLW. SUITE 400 CORAL GABLES, FL 33134 TELEPHONE: 305/446 -7799 FAX: 30 ,5/448 -9275 FLORIDA REGISTRATION NU1r9ER: AR OGID585 C11- Wallace Roberts & Todd, LLC C Gr Aw.n,IN Jp5.41S09aE edxc.u.. ct a,u 7 t %A` R j HEfSENBOTT_E 2199 PONCE DE LEON 1 BLVD., SL TE 400 CORAL GABLES, FL 3,134 TELEPHONE: 303/446 -7799 FAX: 3D5 /446 -9275 FLORIDA REGISRATION NUMBER: AR 00108E5 r EAST ELEVATIOI, R- NDERING 3ELLEVIEW NLTMORE CABANA'=UJB 159C Gulf Boulevard Clear ater, Florida SCHEMATIC DESIGN JULY -4, 2)03 y PROPOSED BEACH FRONT HOTEL RENDERING i Eff 7-11-Is ME BELLEVIEW BILTMORE CABANA CLUB 1590 Gulf Boulevard Clearwater, Florida SCHEMATIC DESIGN JULY 14, 2008 EXISTING CONDOWN11,4I Tff� NEW HOTEL F 101WRM wm on a on :00 WEST ELEVATION R1 HEISENBOTTLE 2199 PONCE DE LEON BLVD., SUITE 400 CORAL GABLES, FL 33134 TELEPHONE. 305/446-7799 FAX 305/446-9275 FLORIDA REGISTRATION NUMBER. AR 0010865 COMI-OSTE RALWc — SYSTEM CCtOR, (I) —TE EL PAINT/COU3R LEGEND SYMBOL SIEKWIN KIM PAW - SM800 UUNOLIS *M O SHERM WUMM PMT - SOW WRIT CM OPENS COARM Ag%&T GWQUE - CHATEAU GREEN -IMAOMTA (4) WWx - R-ATJMCOlLR WMG. TIDY AND M — CRat (D WrE cmcm R R1ASMALi ORDEN WEST ELEVATION R1 HEISENBOTTLE 2199 PONCE DE LEON BLVD., SUITE 400 CORAL GABLES, FL 33134 TELEPHONE. 305/446-7799 FAX 305/446-9275 FLORIDA REGISTRATION NUMBER. AR 0010865 COMI-OSTE RALWc — SYSTEM CCtOR, (I) —TE EL PAINT/COU3R LEGEND SYMBOL SIEKWIN KIM PAW - SM800 UUNOLIS *M O SHERM WUMM PMT - SOW WRIT CM OPENS COARM Ag%&T GWQUE - CHATEAU GREEN -IMAOMTA (4) WWx - R-ATJMCOlLR PROPOSED BEACH FRONT HOTEL ELEVATIONS sc&e- 3/3r - T-W A-6.07 HEISENBO I TLE a r - „ < < . s 2139 PONCE DE LEON BLVD., SUITE 400 CORAL GABLES, FL 33134 TELEPHONE 305/446 -7799 FAX: i05 /446 -9275 FLORIDA REGISTRATION NUMBER: AR OC1O865 WEST - LEVATION RENDERING E ELLE'v IEW BILTM ORE C IJANA CLUB 1590 C-il( 3rulevard Clearwater, Florida SC H:v1ATIC DESICN IULY 14,2006 PROPOSED BEACH FF'ONT HOTEL RENDERING A -6.01 SCHEMATIC DESIGN JULY 14, 2008 RFAC', HEISENBOTTLE 2199 PONCE OF LEON BLVD., SUITE 400 CORAL GABLES, FL 33134 TELEPHONE: 305/446-7799 FAX: 305/446-9275 FLORIDA REGISTRATION NUMBER: AR 0010865 ROOF. S WM SW wwo, D mull =11W MmAppm — I;;- I A , ®r m. XAF, ff gRA BELLEVIEW BILTMORE -2- CABANA CLUB Mwo"Tif Dow, .M TM AW1 VC �mci — 1590 Gulf Boulevard Clearwater, F10Ti(h SCHEMATIC DESIGN JULY 14, 2008 RFAC', HEISENBOTTLE 2199 PONCE OF LEON BLVD., SUITE 400 CORAL GABLES, FL 33134 TELEPHONE: 305/446-7799 FAX: 305/446-9275 FLORIDA REGISTRATION NUMBER: AR 0010865 ROOF. S WM SW wwo, D mull =11W MmAppm — I;;- I M. N.QvD. U- 0--0' PROPOWD BEACH F4q= HOTEL ELEVA'nONS W" s/W - r-& A-6,08 , ®r M. N.QvD. U- 0--0' PROPOWD BEACH F4q= HOTEL ELEVA'nONS W" s/W - r-& A-6,08 DC;M:111 %_aUdIld M DGdQ11 Litt - AUSUIII k- dodlids RESORT Chagas- Home About Us Cabanas Beach Cancun Coronado Moroccan Pacifica Polynesian Tuscan • rage l ul Contact Us I About Us Beach Cabanas Exceed your expectations with the biggest pool cabanas and fabric gazebos under the sun! Wailea Bring the surf to your turf by installing our wild new Bea:h Cabana. At poolside, on Quote Request your grassy commons or even along the sandy shore, th s sleek and cutting -edge Fabric Colors stylish shade structure will definitely float some boats and chase away any wet - blanket attitudes. Features a high -pitch roof line and a bevy of thoughtful touches people love Accent Colors - like four -sided curtains and a cool - looking rigid valancE that hugs the cabana's entire Contact Us perimeter. Inherently wind - resistant too. Guaranteed t) make waves around your FAQs place. 2008 Brochure . Pull -back perimeter side curtains tie off at upright legs. ip 16" High rigid valance is welded for added stabilit, and durability. Upright base plate feet may be mounted directly t) a footing or deck, or may be mounted below the surface. BEACH CABANA and FABRIC GAZEBO FEATURES ► Sunbrella® Awning Grade Solid and Striped Fa'3ric Colors ► 16" High Perimeter Rigid Valance ► Four (4) Sided - Stationary Pull -Back Curtains ► Four (4) Curtain Tie -Backs ► Polyester Powder Coat Painted Frame (Black or White) ► 7' -0" to 8' -0" Upright Leg Clearance ► Four (4) Square Base Plates ► Steel Frame Construction OPTIONAL CABANA_ and FABRIC GAZEBO FEATURES ► Engineering Calculations to 80 MPH Wind Load3 ► Sunbrella® Firesist HUV Flame Retardant Fabres ► Combination Side Curtain and Top Cover Color Selection ► 3" Feature Stripe on the Curtains ► Center Ceiling Fan Mounting Plate (Fan not incuded) ► Roof -Top Air Vent ► Flat- Screen /Television Mounting Plate (Flat- Scffeennv not included) ► Polyester Powder Coat Painted Frame (11 Stardard Colors) ► Up to 10' -0" Upright Leg Clearance ► Installation Services httn:// www .resnrtcahann.._cnm/heaclh_htm 7/11 / ?.nm BELLEVIEW BILTMORE HOTEL & RESORT 15 Belleview Boulevard Clearwater, Florida SCHEMATIC DESIGN JANUARY 25, 1008 2ND FLOOR PLAN R j HEISENBOTTLE N C H i i E C l 5 2199 PONCE OF LEON BLVD., SUITE 400 CORAL GABLES, FL 33134 TELEPHONE: 305/446 -7'99 FAX 305/446 -9275 FLORIDA REGISTRATION NUMBER.: AR 0010865 :i0 4i&A-11l -3RD AND 4TH FLOOR PLANS OISN ABM 'VUE ATTIC FLOOR PLAN 5TH FLOOR PLAN PROPOSED BEACH FRONT HOTEL SCALE 1/16' - T-0' FLORIDA DESIGN CONSULTANTS, INC. 3030 Starkey Boulevard New Port Richey, FL 34655 �o�or C' 677' 1\ I SW 7004 SW 6462 Snowbound Green Trance SW 7005 Pure White SW 6463 Breaktime SW 7006 Extra White SW 6464 Aloe SW 7007 Ceiling Bright White SW 6465 Spearmint SW 6466 Grandview Snowbound SW 7004 Int Base Extra White Green Trance SW 6462 Ext Base Extra White Int Base Extra White T LRV 83 Ext Base Extra White Pure White SW 7005 LRV 76 Int Base Extra White Ext Base Extra White Breaktime SW 6463 LRV 85 Int Base Extra White Extra White SW 7006 Ext Base Extra White Int Base Extra White LRV 67 Ext Base Extra White LRV 85 Ceiling Bright White SW 7007 Aloe SW 6464 Int Base Ceiling Bright White Int Base Extra White Ext Base Extra White Ext Base Extra White LRV 83 LRV 56 i� For interior use only. Spearmint SW 6465 P Optimum color results are achieved Int Base Extra White using the designated Color- Prime`: Ext Base Extra White T Optimum color results are achieved LRV 43 in gallon size only. LRV Light Reflective Value. Grandview SW 6466 Some colors limited to select product lines. Int Base Base Deep Deep Samples approximate the actual paint color. Ext LRV 25 www.sherwin - williams.com 1- 800 - 4SHERWIN Kendal Green SW 6467 Int Base Deep C 6 jt. ©2001 Ext Base Deep The Sherwin - Williams Company LRV 16 657 -2390 CS 2/05 Hunt Club SW 6468 1 Int Base ColorAccents" Ultradeep 0 35777 54327 6 Ext Base Ultradeep LRV 7 I For interior use only. P Optimum color results are achieved using the designated Color - Prime'. t Optimum color results are achieved in gallon size only. LRV Light Reflective Value. Some colors limited to select product lines. Samples approximate the actual paint color. SHERWIN- WILLIAMS. Cl l OR i www.sfierwin- wiliams.com 1- 800 - 4SHERWIN ©2001 The Sherwin - Williams Company 657 -1665 CS 9/05 1IICIII1III11115 February 22, 2008 Owners Cabana Club Condominium Dear Owner: r 1 LJ CONDOMINIUMS I JC NNk . w WN'�UO'EiR � ' CI-.Y This letter is to inform you of the development that is taking place on the restaurant property and to ask what you want your board to do about it. This must be your decision; your board cannot make the decision for you. Attached is a ballot and a self - addressed envelop for you to return your vote. In order to help you decide, also attached is a copy of: ® The March Cabana Club Chronicles newsletter. The Belleview Biltmore plan. ® Several newspaper articles on the subject. The decision you make will have serious long -term ramifications especially in terms of the use of association money and board time. Therefore, it will take 46 "I DO NOT ACCEPT" votes to authorize the board to proceed with the fight against the development. Because I am a Canadian, I am limited to a less than 6 -month stay in the USA. The inordinate amount of time needed to fight the development (and to manage the other major projects we need to undertake this year), I will not be able to effectively lead the effort. Therefore, if you decide to fight the development, it will be with heavy heart that I must resign my position as President of the association. I will continue to ;keep ryour best interests in mind and heart. George A. Mitrovich President Cabana Club Condo Association BALLOT: I ACCEPT the Belleview Biltmore development plan as currently presented. A: OR I DO NOT ACCEPT the Belleview BiItmore development plan as currently presented and I authorize the Board to fight the development plan using association funds and board time. B: Unit # Signature 1582 Gulf Boulevard ° Clearwater, Florida 33767 Phone 727 -536 -5031 • Fax 727 - 535 -1247 ^ E -Mail: CabanaClub@verizon.net FEBRUARY 2008 As you all know, our building is over 25 years old and beginning to show signs of structural aging that MUST be dealt with this year. Larry Walsh, chairman of the maintenance committee, has been working very hard to assess the condition of our building and to make recommendations for its maintenance. With the help of professional engineers, he has determined capital projects that are required this year. These include the following: DRIVEWAYS: The driveways are now completed and are looking great. In 90 days the sealer will be applied and the spot lines and numbers will be painted. The $92,000.00 cost has been budgeted and is coining out of the Reserve Fund. As a good neighbor, Legg Mason (restaurant property) has agreed to pay $38,000.00 as their portion. BALCONIES: Salt, water and weather have caused our balconies to age, thus exposing the rebar, which is rusting, and the concrete is disintegrating. The engineer has conducted an audit of the balconies and has identified numerous defects. An engineer's report has been developed outlining the extent of the problem and a plan to fix them. The cost of $465,000.00 is imbudgeted. GARAGE SUPPORT PILLARS: A comprehensive study of the severity of aging damage to the support pillars under Building 1 is underway. Larry Walsh expects that the unbudgeted cost to fix the problem will be approximately $100,000.00 and should for safety reasons be completed this year. BUILDING FASCIA (STUCCO REPAIR AND PAINTING): The maintenance committee and our building manager are becoming increasingly concerned with the deterioration of the stucco of both buildings and the need to have it repaired, waterproofed and painted. If the stucco fails, water will infiltrate the walls of the building and cause major damage. The sooner this is addressed the better. Larry Walsh estimates that the cost would be approximately $150,000.00 and will be sourced from the Reserve Fund. TOUCH- UPS: The Maintenance committee estimates that the unbudgeted cost of necessary touch -ups needed this year would be approximately $50,000.00. SUMMARY: Currently, your Maintenance Committee has identified these projects as being necessary to complete this year. The source and application of your funds can be summarized as follows: APPLICATION ]Driveways Building Fascia (Stucco Repair And Painting) Balconies Garage Support Pillars Touch -Ups SUBTOTAL TOTAL (estimated) SOURCE OF FUNDS RESERVE FUND UNBUDGETED $92,000.00 $150,000.00 $465,000.00 $100,000.00 $50,000.00 $242,000.00 $615,000.00 $857,000.00 Currently the reserve contains approximately $300,000 and will have to be replenished after the $242,000.00 is paid.. Funding for the unbudgeted amounts will have to be found. • pVANt . 4ING rAPARTMEN" or 0 • • CABANA CLUB CHRONICLES to-ag-tt1w spm t p • MARCH 2008 This Cabana Club Chronicles is devoted to keeping you up to date on issues of current interest. This issue deals with plans to develop the restaurant property next door. For some time now, the newspapers have been telling us that the property is going to be developed. We have heard rumors that the politicians are in favor of this and other like projects because it is in keeping with their development plan for increasing the tax base. A lot of effort has been made by your board to get to the bottom of this issue. The following assessment is the result of their findings based on newspaper articles, meetings with the Belleview Biltmore (the developers of the restaurant property) and politicians who are at the heart of their support_ CURRENTLY: The property adjacent to the Cabana Club Condos has a three -level restaurant that is old, an eyesore and in need of major renovation. Odors coming from the restaurant, noises and traffic coming from the third level bar (that plays loud music on weekends (Th Fr Sa) until after 11:00pm) are very annoying to Building 2 owners. The entrance to the restaurant is an eyesore, the pool is not functional, and unused, while the parking area and the landscaping is in need of a major do over. The Belleview Biltmore is currently bussing over their patrons from their inland hotel to use the beach. THE PROPOSAL: The Belleview Biltmore recognizing that the Cabana Club property is a key element of the their plans to develop the property as a Iow -key 5* hotel - restaurant with everything first class. They plan on tearing down the restaurant and pool. The plan calls for replacing them with a two level restaurant (removing the third floor bar), rebuilding the pool, installing 8 cloth cabanas, and adding a 38 room hotel. The parking lot and the landscaping will all be redone in keeping with a 5* complex. The hotel will be positioned in front of Dan's Island so that it will not interfere with the gulf view of most Cabana Club owners. IMPACT ON CABANA CLUB OWNERS: A summary of the impact of the proposed development follows: Restaurant: Because the restaurant will be one story lower (eliminating the bar), gulf view will be available to additional owners and the weekend noises and traffic will be eliminated. Scrubbers are to be installed to remove odors from kitchen: exhaust. By rebuilding the restaurant to 5* status, it is felt by many that our property values would. increase. Because there is a restaurant there currently, these changes will only make the property better. Pool: The unsightly pool will be replaced with a new exciting pool with lounges, seating, tables for service and 8 cloth cabanas positioned on the east side of the sea wall. Because there is a pool there currently, these changes will only make the property better. Parking And Landscaping: Because the number of parking spots will remain the same, the restaurant employees will be bussed in daily, the weekend bar crowd will no longer exist and hotel parking is under the hotel. Overall traffic should be less with fewer of their patrons needing to use our parking spaces. By upgrading the parking area and its landscaping, changes will only make the property better. The Beach: Because the beach is public property and the Belleview Biltmore is currently bussing patrons over, there should be little impact on beach traffic. Not all 38 -room patrons will be on the beach at one time, especially with their own pool and cabanas. The Hotel: The hotel is new; there will be some impact on the property. It will be 5* (single room rates starting at $450.00 and up), with 6 stories above the ground floor parking, with only 38 rooms and suites. It will be positioned. in front of Dan's Island to minimize interference of Cabana Club owners' gulf view. Other buildings, especially across the street, will have their gulf view reduced. The net result will be a 5* patron using the property. PPN%JR El.pl. A 2nd PLANNW -IG mpART EN i sl'e`t �1i1` f hKVvAoLk 0 0 Construction: Construction is scheduled to commence within 2 years and. should take 12 to 14 months. They plan to surround the property with a decorative 6' fence, work 8:00am to5:00pm, six days a week, use only the first few feet of the driveway, minimize noise and traffic, etc to ease neighbor inconvenience. CONTROVERSY (WHAT TO DO): As in any issue there are those who are for change and those who are apposed to change. This applies to owners of the Cabana Club when it comes to this project. However you feel, bear the following in mind; • These people have aright to develop their property. • As the Belleview Biltmore is spending over $100,000,000.00 on this project they will not be deterred from fighting for their project with lawyers, engineers, former planning committee members, politicians, etc, etc. • The Cabana CIub development is an integral part of the development of the Belleview Biltmore hotel in Largo providing their patrons with Gulf access. Without it, their development plans for the mainland will be set back. • The Belleview Biltmore has the money, desire, skills and people to fight a very strong battle for as long as it takes; years if necessary. Can you match them with money, board time, talent, endurance, etc? Are the owners of the Cabana Club prepared to fight and thus contribute significant money, board time, their personal involvement in going to meetings calling and writing to politicians, etc. Only you can answer these questions. Remember whatever money and board time we contribute to this fight will detract from the very important capital projects that we MUST do this year s The board has committed hundreds of hours and $10,000.00 to date to explore our legal standing regarding this fight_ How far are we prepared to go when we know that in the end we will probably loose ?. Those of you who have dealt with lawyers, court cases, planning committee preparation, specialists, etc know that it could get very expensive the longer it goes on. • This fight could be won only if we are prepared to commit the resources; especially your participation. You must attend the zoning and variance meetings in person. Only the presence of hundreds of voters will make the politicians listen. Just think, a recent meeting before planning committee of Clearwater with hundreds of people present, standing room only, the vote at the end of the meeting was 3 to 3 with one absentee (on purpose ?) and NOTHING was accomplished. o The decision you, as owners, have to make is do we fight or accept the inevitable. Remember, even if we win today, we may be at it again in a year or so. This is not the fast attempt to develop the property and it may not be the last.. Compared to past efforts to build a 13 story condominium, the current proposal seems much more acceptable. 0 If we decide to instruct our Board NOT to fight this issue, that does not stop anyone from fighting the issue themselves. o As good neighbors, the Belleview Biltmore is willing to contribute $38,000.00 to the driveway repair project. Will they still be as cooperative if we decide to fight their development? Bear in mind what your president was quoted as saying in the St Petersburg Times "Quite frankly, the new plans have taken into account an awful lot of the issues that we had in mind that initially were not be to our pleasing" MANNING MPARTMEN, 'l �t-'1,;4.t�fiKVVtaiir. BELLEVIEW BILTMORE HOTEL & RESORT 25 Belleview Boulevard Clearwater, Florida SCHEMATIC DESIGN JANUARY 25, 2008 PO. ZnM PLANNING DEPARTMENT x.11 T l I� (.-7.F AKV' l Rj HEISENBOTTLE 2199 PONCE DE LEON BLVD., SUITE 400 CORAL GABLES, FL 33134 TELEPHONE: 305/446 -7799 FAX: 305 /446 -9275 FLORIDA REGISTRATION NUMBER: AR 0010565 m- .nos.. �...e. -.... PROPOSED BEACH FRONT HOTEL ELEVATIONS SCALE- 1/Or -1-W • • BELLEVIEW BILTMORE HOTEL& RESORT 25 Bellet(lew Boulevard Clearwaler, Y. orida CONCEPT 0ES1G)t,, JANUARY 25, 2008 / C) - 1-y 4, 4, -4 FM FLOOR PUN R] �EISENBOTTLE c " I. 1 c 1 1 1199 PONCE DE LEON BLVD. SUITE 400 CORAL CABLES, FL 3iI34 E: TELEPHON305/445-7799 FAX: 305/446-9275 FLORIDA REGISTRATION NUMBER: AR ODIOB55 .11 V.Ry C - ORISINM k r L. E, I V-" - - JUL 14 2008 PLANN't-'G DPIVTMEN-.' CLLJ.IC V VA '/ VQl ra MGP N PROPOSED SEAeH FRONT HOTEL (B SCAM 1fW - T-W 0 E /yam / 10, • VQl ra MGP N PROPOSED SEAeH FRONT HOTEL (B SCAM 1fW - T-W 0 E :see tr 1 ONSINAL BELLEVIEW BILTMORE , q HOTEL & RESORT 4 2008 256elleview Boulevard Clearwater, Florida /7 PLANNINGDRAA'RT�o_ CONCEPT DESIGN - I f? \• 1� 8"`t� \�li Lid \ \ .uw /- .�� m N SCA, I-c TA) 1 u,T JANUARY 25, 2008 1363 (x SfO:Y TOTN) V} va4 DEIX P� ` . 1 Sfif v n� B 8)O3. l.oa ' ," b0. � rs ecarcm "A 56300,' 9 • �Z n'.• � vi4rr / �\ °gpoo ` aLUrrta {tn) N mtnr cart gp S>> + / '� a F ,CZ --- 1 I n.r r ruxtc+ * 4• �'ro a Mry Z4 � /,p � 11 II I owi>F pw a D / \ u n i i i 3r �� ,�• dJv �� �e4 L•` / 81 ns FDC . 6707 ... IciGiY GROUND R4UGtd' Rj HEISENBOTTLE 2199 PONCE DE LEON BLVD., SUITE 400 CORAL GABLES, FL 33134 TELEPHONE: 305/446 -7799 FA%: 305/446 -9275 FLORIDA REGISTRATION NUMBER: AR 0010865 :: S— W. COx00 M&W(r) W i — .N - —4r(M) TOTAL NUMM 0rL QUE117 ROOM - 39 R0010 IS WrED, ao REMA10 PART M] REOLVID FOR MOTEL - W PANM BPACE6 TOTAL PAFXM PRDWD®N0.t10BA 3ACCE83ME WACEB - 62 SPACE69 TY 4 iR t l8 6A7 i�i>fe, ,C) vuli BEACH CM AREA CALCHLAMM HOTEL GROSS AREA = 36,277 S.F. RESTAURANT GROSS AREA = 4,292 S.F. TOTAL GROSS AREA = 40,569 S.F. POOL k DECK AREA = 5,715 S.F. N PROPOSED BEAeH FRONT HOTEL SCALE 1116' - T-O - C 1 I tit BELLEVIEW BILTMORE HOTEL & RESORT 25 Belleview Boulevard Clearwater, Florida CONCEPT DESIGN JANUARY 25, 2008 4 2000 PLANNING [ ARTME d': %ilY Or ULAR vAI'ER • 2ND FLOOR PLAN SRD - 5TH FLOOR PLANS ROOF PLAN • R j H EIS EN BOTTLE I M[ II 1 T f C i f 2199 PONCE DE LEON BLVD., SUITE wD N PROPOSED CORAL GABLES, FL 33134 BEACH FROM' HOTEL TELEPHONE: 305/446 -7799 FAX- 305/446-9275 FLORIDA REGISTRATION SCALE VW - T-0' NUMBER: All 0010865 BELLEVIEW BILTMORE HOTEL & RESORT 25 Belleview Boulevard Clearwater, Florida CONCEPT DESIG --, JANUARY 25, 200B q5 Fr J k Ok 12 FLOOR J W L q1Vb 1MI , a,00* 1E R I C T S 2199 FPNCE DE LEO BLVD., SUITE 400 1 CORAL CAB , IL 3113, T9frl.,..E: 6-7799 7 /446-92 FLORIDA REGISTRATION NU ER: AIR 0010865 VIC, W x/119 /V O 110,-00-'o 0 PsA) 5 f 57z- � 1v D MA A& 4 L 7 4 PLANNING DFRAMENT 0,1Y cj� c Ak 1,k,j:jj VV I I / 7. / �,�i 4 /� ^ /�f 461 a ' r N PROPOSED BEACH FRONT HOTEL SCALE Vw - T-W. PLANNING ��I��NI Page 2 Be ®; Februarq .7,. 2008 v�'i i F t 3 1 SAND KEY - Legg Mason Real Es- tate Investors, Inc. filed a formal ap- plication with the city of Clearwater Feb. 1 for the redevelopment of the Cabana Club site located on Sand Key. Legg Mason will redevelop the Ca- bana Club site as part of the overall restoration of the historic Belleview Biltmore Hotel properly. "The beachfront location is an inte- grad part of the overall resort -experi- ence we intend to create for our quests," said Joseph Penner, manag- ing director of Legg Mason. Penner added that Legg Mason is fully committed to redeveloping the Cabana Club site with a new property which is consistent in size and scope to the surrounding area of Sand Key. The following improvements to the site are proposed: e The existing two restaurants will be demolished and replaced with a brand new restaurant which will be one story shorter A brand new six- story, 38 -room Victorian style boutique hotel will be constructed on the site o New landscaping will be installed throughout the site • The new hotel building will be constructed over ground level parking • Cabanas will be added on the western side of the property Legg Mason will provide trans- portation to and from the Cabana Club site by both van and boat launch from the main hotel. Addi- tionally, an airport shuttle will be provided to transport guests directly to the hotel. A. �r 8 `WE :1 F _ �:aaee++ t a r wy�k�o� g f of t of t ��"- Al "°r- ...?.a— s b i1 "' - 77 u as� �H � Hlf� � � .T i• � 2 .•1 W:.,1Y � �i�w z���! � �.M. �iJ+ �. Sa. ,.. a .ne„ ;�y .irw •J• '�,. y. �+�Bw �'�+v„�.. ,�+�..:M.*- - .b.::ar.. Eg""r., ,'�'P " °..aa,%A'^"• °°°'.f•. •,,,,�aww °'ir .. ++i°��9C�.:t -.e .. '�„ A rendering depicts the Belleview lliftmore Cabana Out on Sand Key. 0 0 .it. ;'i:tersUUrr �I'imc:' � , CI_W A Victorian -style hotel would take its place on Sand Key. SY JOSE CARDENAS Tunes Staff Writer CLEARWATER — The new owner ofthe Belleview Biltmore Resort & Spa has filed plans to tear down the resort's beach club on Sand Key. Gone would be the existing Cabana Club and its two restaurants. In its place would be a six- floor, Vcta- rian -style boutique hotel with 38 rooms and a new restaurant. Legg Mason Real Estate Investors bought the Cabana Club in June along with the Belleview Biltmore across Clear- water Harbor in Bellea.ir. The Los Angeles company filed rede- velopment plans for the Cabana Club on Fliday with the city of Clearwater. TL hrul already filed pl aiis with the town of Bel- leair to renovate the main resort. Clearwater officials could approve the plans as early as April 15. Representatives of Legg Mason said the combined con- struction cost for both projects could be $150- million. Work could start as early as 2009. The company, which paid nearly $30.3 - million for the historic landmark, hopes guests of the eventually restored Biltmore will have the option to boat across the water and stay at the Cabana Club hotel on the Gulf ofMexico. "The cabana project is an enhance- ment to the overall historic preservation -that begins in Belleair; said George Rah- deft, toe St. Petersburg attorney who rep - resents the company. Bab dert also repre- R See CABANA, 6 Special to the Times The Jtelloview Jilbnor© Resort & Spa's owner Wants to build this pastel on Sand Key where the existing Cabana Club stands. rs 14 7040 cay sir L, TA4EN7 ., CABANA co ri�nued f7I'oan I fl� II l yy sents the St Petersburg Umes. "It will allow guests to enjoy our beaches," he said. The I10 -year -old Biltmore is one of Pinellas County's most sig- nificant hiStOlICstructures. Among other things, Legg Mason aims to make ample res- tnrations to the lobby, the spa, parking lot, ball and dining rooms. The number of rooms would go from 244to4,35. Across the water, otherwork at the Cabana Club would include tearing down two restaurants and replacing them with one. The: hotel would have cabanas on the western side of the hotel. Legg Mason promises a "first- class" hotel. Some Sand Key residents have historically opposed additional development on their island. Though not all neighbors have signed off on the Cabana Club plans, some say the project is acceptable. "Quite frankly, the new plans have taken into account an awful lot of the issues that we had in mind that initially would not be to our pleasing," said George Mitrovich, president of the Cabana Club Condominium Association. Though the condo association members' homes are next to the Cabana Club, Mitrovich said the propor;ed new building will not block the property owners' views of the water. James 'Warnen a Realtor and Sand Key resident, slid the low density of 38 units should satisfy Cabana Club redevelopment © Six -floor, Victorian -style hotel a 38 rooms o New restaurant ®.Transportation between the new hotel and the main Belleview Biltmore resort by both van and boat' some critics. "The issue is going to be view alteration," he said. People "were° very vocal the last time. The, don't want that Building there" Project architect Richard Heisenbottle said Legg Mason is asking for a variance that would allow six floors. But even with the variance, he pointed out, the hotel would be shorter than the buildings nearby. Still, it's not possible to com- pletely address the concerns of people to the east of the hotel whose views would be blocked, Heisenbottle said. But he added that Legg Mason has made modifications to the plans. They included putting additional space between the hotel and the buildings to the north and south to allow for bet- ter views in between. Others have complained of potential noise when the guests From the "IlLmort. arrive at t he Cabana Clubby boat. To address that, 11cisenbot- tle said, Lt: Mason is (xploring switching to a different beat. slip farther away. "We are committed to try to work with the neighbors as much as we can and to mitigate the impact of our project, "he said. Jose Cardenas can be reached at jeardenas,D ptiniay.comor(77 2% 4,45 -4224. 0 L '' .f� • CONDOMINIUMS Owners Cabana Club Condominium Results Of Vote On Legg Mason Building The Motel: 0 As you are aware, you have received an information package that I sent you, a Ballot and a second information package with an opposing view. The results of the vote are decisive. A: I ACCEPT the Belleview Biltmore development plan as currently presented. 74.26/o B: I DO NOT ACCEPT the Belleview Biltmore development plan as currently presented and I authorize the Board to fight the development plan using association funds and board time. 25.8% The owners have mandated that the board will not use association funds and or board time to fight the development plan. For your information. of George A. N itrovich President Cabana Club Condominium Association j U L C' 4 il(q, P IANNj ,,1G 1582 Gulf Boulevard - Clearwater, Florida 33767 Phone 727 -596 -5031 ^ Fax 727 - 595 -1247 a E -Mail: CabanaClub@verizon.net 0 1 0 RESULTS OF LEGG MASON VOTE 1. Total Vote As A Percent Of Respondents By Building BUILDING #1 BUILDING #2 A: B: TOTAL A: B: TOTAL Count 32 12 44 14 4 18 Percent 72.7%27.3%100.0% 77.8%22.2%100.0% 2. Total Vote As A Percent Of Respondents For Both Building BOTH BUILDING A: B: TOTAL Count 46 16 62 Percent 74.2% 25.8%100.0% 3. Total Vote As A Percent Of Owners BOTH BUILDING A: B: TOTAL Count 46 16 90 Percent 51.1%17.5% 68.9% 4. Number Of Owners That Did Not Vote Count 28 Percent 31.1% NOTE: A: I ACCEPT the Belleview Biltmore development plan as currently presented. B: I DO NOT ACCEPT the Belleview Biltmore development plan as currently presented and I authorize the Board to right the development plan using association funds and board time. Ol?1t NAL L 1-4 9Mn PIANNI>C G DRARTMEN1, cil'i Or 0 9 RAHDERT, STEELE, BOLE & REYNOLDS, P.A. ATTORNEYS AT LAW THE ALEXANDER BUILDING 535 CENTRAL AVENUE ST. PETERSBURG, FLORIDA 33701 -3703 GEORGE K. RAHDERT ALISON M. STEELE BRADLEY M. BOLE THOMAS E. REYNOLDS LAYLA K. McDONALD July 14, 2008 MS. ROSEMARY KELLER, President Cabana Club Condominium Board 1582 Gulf Boulevard Clearwater, FL 33767 RE: CABANA CLUB HOTEL Dear Ms. Keller: TELEPHONE: (727) 823 -4191 FACSIMILE: (727) 823 -6189 via E-MAIL ONLY. Kellertoo(aaol.com This office serves as local legal counsel for Legg Mason Real Estate Investors, Inc. I am writing in response to your e -mail dated July 1, 2008, to Wayne Wells of the City of Clearwater Planning Department relative to the proposed Cabana Club Hotel. As you noted in your e -mail, the Cabana Club Condominium unit owners were relatively recently asked to vote on whether they wished for the Association to oppose the development of the proposed Cabana Club Hotel project. The results of that vote were decisive: 74.2% voted to accept the proposed project, while only 25.8% voted to authorize the Association to oppose the same. Copies of the documentation from the Association verifying these results are attached hereto for your convenience of reference. Mr. Mitrovich, the President of the Association at that time, advised that, based upon the outcome of the subject vote, the Association would not oppose this project. You indicate, however, that the unit owners' vote is allegedly invalid because "the information was incomplete and was not based on the current plans." This is frankly inaccurate. The information with respect to the initial plan for the proposed development of the site was in fact fully complete. A full description of all components of the proposed project, in- cluding the building height, parking, landscaping, and amenities, was provided. Moreover, the .1.111L 14 20M q,th MS. ROSEMARY KELLER Cabana Club Condominium Board July 14, 2008 Page Two RE: CABANA CLUB HOTEL • revisions to the development plan, while serving to improve the project, actually decrease the impact thereof upon the Cabana Club Condominiums. The size of the building has been reduced, thereby creating more separation, and fewer variances have been requested. Given that the unit owners voted overwhelmingly to accept the proposed project as initially proposed, it simply stands to reason that they would continue to support an even less intrusive development. Under the circumstances, it is, in my opinion, very clear that a substantial majority of the Cabana Club Condominium unit owners voted to accept the proposed development plan. It is additionally clear that, based upon this vote, the Association declined to oppose the same. The attached documentation does not seem to allow any other interpretation. I must therefore fully stand by the accuracy of the information about this matter which my client submitted to the City of Clearwater. Very truly yours, /J'/ %Ci"" 5. Rery Ouj Thomas E. Reynolds TER/lams Attachment xc (via e- mail): Wayne M. Wells, AICP, Planner H, City of Clearwater Planning Dept. Joseph Penner Richard Heisenbottle Cynthia Tarapani Martin Smith I &'�4w) JUL I A annq 'wotli4 '�' �btlA1d1,�.� • • A BRIEF HISTORY THE BELLEVIEW BILTMORE HOTEL and THE CABANA CLUB BELLEAIR AND CLEARWATER, FLORIDA Submitted to: The City of Clearwater Prepared for: Legg Mason Real Estate Investors, Inc. 10880 Wilshire Boulevard Suite 1750 Los Angeles, California 90024 Prepared by: Cynthia Tarapani, Vice President Florida Design Consultants 3030 Starkey Boulevard New Port Richey, Florida 34655 August 1, 2008 FDC File 2007 -25A -10.01 ORIGINAL RECEIVED AUG 01 2000 PLANNING DEPARTMENT CITY OF CLEARWATER 0 • K Civil Engineering • Surveying • Transportation Planning & Engineering • Land Planning • Environmental August 1, 2008 Mr. Wayne Wells, Planner III City of Clearwater Planning Department 100 S. Myrtle Avenue, 2nd Floor Clearwater, Florida 33756 Re: Cabana Club ICase No. FLD 2008 -02002 I l 0 r n u Dear Wayne: At your request and in support of the pending Flexible Development Application for the Cabana Club, we have researched the history of the Cabana Club as it relates to the Belleview Biltmore Hotel. We offer the following brief history of the Cabana Club. This history is based on several sources: a book entitled The Belleview Mido Resort Hotel, A Century of Hospitality by Prudy Taylor Board and Esther B. Colcord published in 1993; a book entitled The Plant System of Railroads, Steamships and Hotels by Gregg M. Turner and Seth H. Bramson, published in 2004; advertising brochures and postcards in the Belleview Biltmore Hotel archives; and Pinellas County historic aerial photographs. The source for each noted historical event is noted in parentheses in the outline below. A Brief History of the Belleview Biltmore and Cabana Club Year Event 1897 Belleview Biltmore Hotel opens as part of the Henry Plant system (Board Book). 1897 Hotel built on 300 acres in Belleair; Plant also acquires 400 acres on Sand Key (Turner Book, Exhibit 1). 1899 Henry Plant dies (Board Book). 1899 -1918 Henry Plant's son Morton Plant operates the Hotel (Board Book). 1918 Morton Plant dies (Board Book). 1919 John McEntee Bowman purchases the property as makes it part of the Biltmore Hotel chain. In 1925, Bowman completes addition expanding Hotel to 425 rooms (Board Book). 1931 Bowman dies and Hotel ownership reverts to the stock and 3030 Starkey Boulevard • New Port Richey, FL 34655 (727) 849 -7588 • Fax: (727) 848 -3648 • (800) 532 -1047 www.fldesign.com 0 Mr. Wayne Wells, Planner III August 1, 2008 • The Belleview Mido Resort Hotel, A Century of Hospitality, Prudy Taylor Board and Esther B. Colcord, The Donning Company/ Publishers, Virginia Beach, Virginia, 1996 ( "Board Book "). The Plant System of Railroads, Steamships and Hotels, The South's First Great Industrial Enterprise, Gregg M. Turner and Seth H. Bramson, Garrigues House, Publishers, Laurys Station, Pennsylvania, 2004 ( "Turner Book "). Page 2 of 5 bondholders (Board Book). 1939 Arnold Kirkeby purchases the Hotel from the stockholders (Board Book). 1941 Cabana Club constructed by Kirkeby (Board Book, Exhibits 4, 10 and 12). 1944 Kirkeby sells Hotel to Ed C. Wright. Wright's purchase did not include the Cabana Club on Sand Key. The Cabana Club site was sold to Charles Thacher who then leased it to-the Belleview Biltmore (Board Book). 1946 Wright sells hotel to Bernard and Mary Powell, Nora Peabody and Roger L. Stevens (Board Book). 1963 Powell builds new Cabana and Beach Club. Transportation provided by the Hotel by boat or van (Board Book, Exhibits 9, 11 and 13). 1969 Wright's Heirs sell 157 acres on Sand Key and 290 acres in Belleair to U.S. Steel (Board Book). Sept., 1971 U.S. Steel has groundbreaking ceremony on first condominium building in vicinity of Belleair Biltmore Hotel (Board Book, Exhibit 14). 1990 Powell sells Hotel, Cabana Club and Pelican Golf Course to Hideo Kurasawa (Board Book, Exhibit 15). June, 2007 Previous Owner sells Hotel, Cabana Club and Pelican Golf Course to Legg Mason Real Estate Investors, Inc. (Legg Mason Deed) The Belleview Mido Resort Hotel, A Century of Hospitality, Prudy Taylor Board and Esther B. Colcord, The Donning Company/ Publishers, Virginia Beach, Virginia, 1996 ( "Board Book "). The Plant System of Railroads, Steamships and Hotels, The South's First Great Industrial Enterprise, Gregg M. Turner and Seth H. Bramson, Garrigues House, Publishers, Laurys Station, Pennsylvania, 2004 ( "Turner Book "). Page 2 of 5 Mr. Wayne Wells, Planner III August 1, 2008 ' Advertising Brochures and Postcards, The Belleview Biltmore Hotel Archives, Various Years. Aerial Photographs, Pinellas County, Florida, 1965. Exhibits supporting the History Exhibit 1 Excerpt regarding original construction of Hotel Belleview (Turner Book, Page 102). Exhibit 2 Aerial Photograph of Belleview Biltmore Hotel showing dock, undated photograph, ' estimated date is circa 1925. Photograph date estimated at 1925 since picture shows final addition constructed by Bowman which was completed in 1925 (Board Book, Pages 40 and 41). 1 Exhibit 3 Photograph of Belleview Biltmore Hotel Dock, 1930s (Board Book, Page 54). IExhibit 4 Photograph of Cabana Club, 1941 (Board Book, Page 45). Exhibit 5 Aerial Photograph of Belleview Biltmore Hotel showing dock, Undated Photograph, ' estimated to be after 1925 and possibly after 1946. Note growth in trees since 1925 photograph in Exhibit 2. (Board Book, Pages 70 and 71). ' Exhibit 6 Photograph of Fisherman on Belleair Biltmore Dock, undated photograph estimated at after 1946 (Board Book, Page 72). ' Exhibit 7 Color Postcard of the "Gremlin" the Hotel Fishing Cruiser, undated postcard (Belleview Biltmore Hotel Archives). ' Exhibit 8 Photograph of the "Cola" used to transport guests to the Cabana Club, undated photograph (Board Book, Page 73). ' Exhibit 9 Photograph of the Cabana and Beach Club constructed by Owner Powell in 1963 (Board Book, Pages 74 and 75). ' Exhibit 10 Advertising Brochure showing the Beach, the Dock, the Cabana Club and Luncheon, undated. Building design is same as first 1941 Cabana Club shown in Exhibit 4, so Brochure can be dated between original Cabana Club construction in 1941 but before construction of ' 2nd Cabana Club built in 1963. (Belleview Biltmore Hotel Archives). Exhibit 11 Advertising Brochure, undated, showing the design of the 2nd Cabana and Beach Club ' previously dated to 1963 in Exhibit 9 (Belleview Biltmore Hotel Archives). rbottom Exhibit 12 Two Color Postcards: top is the first Cabana and Beach Club mailed on January 2, 1961; is the "Gremlin" Hotel Fishing Boat, mailed on April 22, 1958 (Belleview Biltmore Hotel Archives). Page 3 of 5 Mr. Wayne Wells, Planner III ' August 1, 2008 Exhibit 13 Aerial Photograph from Pinellas County, dated 1965, showing the Cabana Club, Cabanas and ' Dock on the Intercoastal Waterway. Exhibit 14 Excerpt of Belleair Breeze, October, 1971, Volume 12, Number 3, Article and Photograph describing U.S. Steel Groundbreaking for first condominium constructed near Belleview Biltmore Hotel (Board Book, Page 62). Exhibit 15 Photograph of Bernard Powell selling Belleview Biltmore to Hideo Kurosawa, dated April 26, 1990 (Board Book, Page 93). IHistorical Summary ' As early as 1925, there was a dock at the Belleview Biltmore Hotel which by at least the 1930s was transporting guests to the beach at Sand Key or for fishing excursions. There were at least two boats that used the Belleview Biltmore Hotel dock: the "Cola" used to transport guests to the Cabana Club and the ' "Gremlin" used for fishing excursions. The size of the Hotel dock shown in Exhibits 2 and 5 is easily large enough to accommodate these two boats as well as other boats. ' By 1941, the first Cabana Club was constructed which included a building with restaurant facilities and cabanas that were enjoyed by the guests of the Belleview Biltmore Hotel as transported via boat from the Hotel. In 1963, the second Cabana Club was constructed replacing the earlier building on the same site. ' The second Cabana Club also contained restaurant facilities and cabanas on the beach. It is important to note that during this time period, the Belleview Biltmore Hotel was only open for the winter season, so the second Cabana Club was likely constructed during the off - season. The earliest extant advertising brochures ' can be dated to 1948; therefore, the Hotel featured the Cabana Club and the beautiful beach on Sand Key as a component of a visit to the Belleview Biltmore since at least this time period. From the earliest known reference of the Cabana Club in the 1930s, Belleview Biltmore guests have enjoyed the use of the beach and ' restaurant facilities at this site on Sand Key and were transported via boat to the beach. The 1965 historic aerial photograph from Pinellas County clearly shows the Cabana Club and its cabanas on the site in addition to the dock on the Intercoastai Waterway east of the Cabana Club site. Aerial photographs by Pinellas County which pre -date 1965 either no longer exist or are not available on the County's website. Previously submitted historic aerials from Pinellas County demonstrate the continuous existence of a dock in generally the same location as the dock's current location since at least 1965 to the present time. However, based on the Board Book history of the Hotel and Cabana Club, there must have been a dock at the beach site earlier than 1965 since it is documented that Belleview Biltmore Hotel guests ' have been visiting the beach since at least the 1930s and a dock would have been necessary for embarkation. ' This brief history has demonstrated that the Cabana Club and its beach have been an integral part of the Belleview Biltmore Hotel guest experience since at least the 1930s and continuing to the present day. The proposed Cabana Club desires to continue that hospitality with the boutique hotel. IPage 4 of 5 Mr. Wayne Wells, Planner III ' August 1, 2008 I hope that this information is helpful to you in your review of this project. I understand that this historical summary will become part of the official record of the Cabana Club's application and that a copy will be provided to the Community Development Board for their review. Please feel free to call me should you ' have any questions. Thank you. Sincerely, ' Cynthia H. Tarapani Vice President, Planning ' c: Joseph Penner, Legg Mason Real Estate Investors, w/ encl. Richard Heisenbottle, R.J. Heisenbottle Architects, P.A., w/ encl. Thomas Reynolds, Randert, Steele, Bole and Reynolds, w/ encl. ' Amy Maguire, Southern Strategy Group, w/ encl. Octavio Cabrera, Florida Design Consultants, w/o encl. Roy Chapman, Florida Design Consultants, w/o encl. ' :pcm K:\Belleview Biltmore \Cabana C1ub\Letters \we11s.04.doc IPage 5 of 5 r • EXHIBIT I The Plant System of Railroads, Steamships and Hotels The South's First Great Industrial Enterprise byi,-- Gregg 19 7Wraer, and Se * - - H, n Garrigues House, Publishers P. O. BOX 400 Laurys Station, PA 18059 9 .9 Hotel Belleview Four years aft r the Taiinpa Bay Hotel opened, Plant cngagcd Tampa architects Michael Miller and . Ftanels Ketwatd fbi the IIotel Belleview. On a Site selected by 111ant noar Clearwater facing Thn 1r111f Itf A402c100, tho "Belleview" was to become the cen- terpiece of a planned commu- nity named Belleair. In addition to the hotel, the master envisioned a town center, railroad station, shops, and sports facil- ities. The hotel was built on a commanding 300 -acre site that afforded guests an unobstructed view of Gulf waters and Clearwater Harbor. Plant also acquired 400 acres on nearby Sand Key, a barrier island, and in doing so, blocked any development that might intrude on the breathtaking view. Left: Dutch Room of the Hotel Belleview ni-low, i terly walk and ran*aa Qf the Hotel Belleview. 102 Built of Georgia pinewood, the Belleview was a vision of alpine Switzerland. The four -story chalet was outfitted with 145 rooms. Its overhanging roof provided shade from the torrid Florida sun and protec- tion against driving rains. The building measured 300 - feet long and 96 -feet wide. Three huge gables were incorporated into the roof, the center one dominating the other two. The exterior was left unpainted. While one would expect a log interior, the architects substi- tuted a treatment of classical lines and motifs. Plant 1 1 t-Welleview t-,,/&ido Resort Hotel By Prudy Taylor Board & Esther B. Colcord C THE DONNING COMPANY PUBLISHERS r 1 1 1 1 1 1 1 1 is is Copyright © 1996 by Prudy Taylor Board and Esther B. Colcord All rights reserved, including the right to reproduce this work in any form whatsoever without permission in writing from the publisher, except for brief passages in connection with a review. For information, write: The Donning Company /Publishers 184 Business Park Drive, Suite 106 Virginia Beach, VA 23462 Steve Mull, General Manager B. L. Walton Jr., Project Director Laura D. Hill, Project Research Coordinator Richard A. Horwege, Editor Cynthia Dooley, Graphic Designer Dawn V. Kofroth, Production Manager Tony Lillis, Director of Marketing Teri S. Arnold, Marketing Assistant Library of Congress Cataloging -in- Publication Data Board, Prudy Taylor, 1933 – The Belleview Mido Resort Hotel: a century of hospitality / by Prudy Taylor Board and Esther B. Colcord. P. cm. Includes bibliographical references and index. ISBN 0- 89865 -981 -7 (hc : alk. paper) 1. Belleview Mido Resort Hotel (Clearwater, Fla.) 2. Hotels— Florida- Clearwater— History. I. Colcord, Esther B. II. Title. TX941.B45B63 1996 647.94759'6501 —dc20 96 -43081 CIP Printed in the United States of America 1 w 0 aatp,a- Contents Foreword 7 Acknowtedgmento 646. & CHAPTER ONE 1897 -1919 g4. 9r CHAPTER TWO 1919 -1945 gee :3'2 CHAPTER THREE 1946 -1972 gam" CHAPTER FOUR 1973 -1997 CHAPTER FIVE Through the Years in Color g4. >ne Bibliography �a�e 12A Index About the Authors �u�e 72c9 Wi -rr a n, , ,. -- ,. ,r? - -_ _.. =w �, —�I�. ,.Nw follifIll ,a,._ _ I AN- Vio Me f 2. r .P f' ' ' - �� Aga ^_` •z< ,,. .- ' ... -_ j`3iF _ - . - -- g ;e„� . , � �. 5' 1 � _ t T _ ru ; jil RW , h u a,,�fs. _ n,_ : � f � -' � � " ". ' � • GeV., _ .. ,� _ . m � p4 -LAN- em IL AA' - t '4 L NO 1p - f " -A, g W r �n ii I a 4 .. r W! 9 0 EXHIBIT 3 Top of page: Dubbed Coe's Casino after William Coe, the man who built it, this two -story Spanish -style casino was absolutely off limits to local people, but VIP guests including the Duke of Windsor, auto magnate James Studebaker, movie star Tyrone Power, and Meyer Guggenheim were chauffeured to the Casino in Belleview Biltmore limousines. After Coe's death, the casino was sold. In 1949, the new owners had a run -in with the law and closed the casino. Years later, the building was reopened as Trinity College for Seminary students. Evangelist Billy Graham attended Trinity. (Photo from the Belleview, Mido Collection) Above: At this dock photographed in the 1930s, you could board a boat for Sand Key and the Cabana Club, go fshing, take a sightseeing cruise or watch the fishermen bring in the day's catch as this man is doing. (Photo from the Ullman Collection) 54 -....i rl 1.4.. •. 11 t 71 L• I I I I , � oft • 0 EXHIBIT 4 'Above: This natural hazard on the east course Top of page: Sun worshippers gathered was so challenging, it resulted in the fourteenth around the flag in front of the Belleview hole being described by Life magazine as one Biltmore Cabana Club. Added by Arnold of the "Eighteen Great Golf Holes in Amercaicu." Kirkeby for the 1941 winter season, guests (Photo from the Belleview Mido Collection) enjoyed it until the winter season of 1963 when the new Cabana Club was built. 'Left: The west lounge, a sunny room with a (Photo from the Belleview Mido Collection) spectacular view from its wall of windows and comfortable wicker furniture, was a perfect to spend an afternoon relaxing with a tplace friend or a book. (Photo from the Belleview Mido Collection) of black paint to block escaping light. The stained -glass ceiling was not painted black. Submarine scares were common as nervous soldiers and Floridians kept watch on the waters of Clearwater Bay and the Gulf of Mexico beyond. Nor more than a year, the Ndlf-view Biltmore's grounds resonated with the POUiidai ig of feet titdrehing to untson, w1di the cadence of snare drums and bugle calls, with the slangy jive talk of America's GIs who spoke of zoot suits and danced the jitterbug. These warriors -in- training were a far cry from the Belleview's normal roster of refined anal elegant lueot0. 45 70 71 0 0 EXHIBIT 6 Above: it was a good day on ? he Oremlin, the Belleview Bih more's launch, as evidenced by the smiles of these happy fishermen. They were perhaps thinking about getting the Belleview Bihmore chef to cook their "catch of the day." (Photo from the Belleview Mido Collection) 72 i .grt: Edward Everett Horton (right), star of stage, screen, and television, was another of the Belleview, Biltmore's noted guests. Here, he enjoyed an evening in the Starlight Room. After a movie career in which he played the sidekick or butler in the Fred Astaire — Ginger Rogers movies, Horton played recurring roles in the television series "F Troop" and "The Cara Williams Show." He died of cancer in September of I970. (Photo from the Belleview Mido Collection) u u 1 J n n • • EXHIBIT 7 0 EXHIBIT 8 73 Above: Kathy Powell Scrong -ecjl "the wordaTIld buic , L u , , L, { lexa ade, who took the gangs of school kids- at the hotel "back and forth riq the beacli in the Cola, the hotel's private launch (Photo from the Belleview Ado Collection) 'of c --ters d in Left: A cheery, room with marching cui-taims and dust A; as ,,;p; I - qua, protride 1 T le photo no the Belleview Bilmiore dormitory. 1 .1 w J aws Donna Fox, a Belleview BitanoTe ivaivess i-I 1953 relny-rngin har rmm. rtait6 w�w Nrrict. According to af'ol-meremplayee, it was lights our at 11:30 b.7n. Doors were locked and workers who wmn t in thetir rooms were in 3eriQV,5 trnuble ' rt :. IM4firgVAAib LL,;, Arvistaft members wci-e tined twenty-five cents ifthey weren't in the sv Donna P' dining room far breckpast on time. (Photo -OV7te 73 C Below: By the time the brochure from which this page was taken was published in 1972, all traces of wartime had vanished. The ninety -six panes of Tiffany -style glass in the Tiffany Room (top) admitted the brilliant Florida sunshine and the guest rooms (bottom) had been completely refurnished and refurbished. (Photo from the Belleview Mido Collection) IF Above: Flag raising ceremonies were traditionally held at high noon on the opening day of each season in mid January. A color guard, often from the Turner - Brandon American Legion Post 7, ' officiated. The season closed in April. Times changed, the wealthy people who had wintered at the Belleview Biltmore for decades passed on and the hotel's marketing strategy had to change. In the winter of 1986, the Belleview Biltmore began staying open year round. (Photo from the Belleview Mido Collection) 74 LI ic Right: As children were encouraged to Above: Ed C. Wright's purchase of the l nrmm� m�ra qnt{ morn aiaihl,�, rh,. �!' M1 i_ ,�..- V1�9 1 '.6 ° , 1,. � 1� , �'-' leiNll Ell "411 F111MIM1°P p)(1twO-1 'I'd TIL.1 inr'I71C�P RBlf,miaw Rilrmoro rtnff anthmia„ticaily ' ,,, �y„� t)tk Qj)l JJVd,1"j1dh (fl Slltld k ey aaihrrh airoi rotpondod, 01 31111illf i'.IwI1• Moll ill 11'0ii4 1 z� ���T° 3au tO UIUTI'ILJ I IU JILI who itwtd it tv the Iu'I LI&I NVUthfttl bntM3. Art Laster hag- 4 it Belleview Biltmore. In 1963, Powell built Hunt on the lawn,with a personal visit i d�,� and mw rd the i ,ahana and Nei, -h 1 'luh from the Easter Bunny became an annual i; '" - �, l - �; � incorporating man suggestions from guests. 'p g y ' gg ff 1� event. (Photo from the Belleview Mido -- ''t _ -'' It now provided not only a beautiful white Collection) _— = — _ -- = sandy, gently sloping beach across the Intracoastal tl g Waterway from the hotel, but attractive cabanas, dressing rooms, and a complete kitchen 5`• and bar. Transportation by boat or van was provided by the hotel. In the summers, when the hotel was closed, the facility was operated as a club for local guests. It was a popular place M1 for weddings, wedding receptions, banquets, and meetings. (Photo from the Belleview Mido I - Collection) 75 • FA/ • EXHIBIT 10 (3 Pages) ... -,., �1 /iJ1A�11 �_ 0 4�1 of BEGA-1EAUR , IFILORGDA n WATER SPORTS ARE POPULAR AND CONVENIENT THE BEACH ')UN AND SURF AT THE PRIVATE BEACH AND CABANA CLUB ON SAND KEY . .. WITH LUNCHEON AL FRESCO ON "THE SHIP" u 1 0 • EXHIBIT II (4 Pages) r 3 � RFI I FAIR. CLEARWATER, FLORIDA ■ 4FF Vr111R TR/� \ /FI /1 r:Ff�IT n Fur Informatiun, Write ur Call The Belleview Biltmore Hotel $elleair, Clearwater, Florida 33517 Area 813,442-6171 Bernard F. Powell, President WHI RE GOLF SPENDS THE WINTER Tunnia IIUL courts and an t instructor will enhance your enjoyment and improve your game. The putting green— thirty-six holes invite yoq to hmtrc of friendly competition under the palms. The Gremlin— Express CnliSPr— exhilaratiQn of sun -lit sea. Fully equipped for srA,r fishing and pleasure cruising. haw f sw. 'i 7_4 _Iz, TIIE D tf,;)Cz&t ("I[ Ii U= qJ Frach 1Naw, fi�tarPrl and mnmalc tiled pool 5huiiieboai atmosphere ... All in of a half -cent OR I . W-4 W W it = h •J _ i 01 ' POOL Living at its Best ... controlled, fills the king size 'y is your private Beach and Cabana Club ... Sports ... Informality of dress and of ,ix hundred landscaped acres, with a background anal hospitality. 7 TARPON 0 1 Facts About 1� LOCATION On Florida's West Coast, two miles from Clearwater, twenty miles from St. Petersburg, twenty -four miles from Tampa. ' TRANSPORTATION Atlantic Coast Line and Seaboard Air Line Railroads main line sta- tions in Clearwater. Delta, Northwest Orient, Canada Air, United Airlines, Eastern Air Lines and National Air Lines at Tampa International Airport —nine- ' teen miles; Pinellas Airport -10 miles. Limousine service from sta- tion or airport. BUILDING Frame Construction. Electric elevators to all floors. Complete auto- matic sprinkler system. Quoted from the report of the National Fire ' Protection Association,` In all cases where a place of origin was pro- tected, sprinklers either extinguished or controlled the fires satisfac- torily. Not one life was lost in these fires." SERVICES ' SCHOOL ' 'TARIFFS COMMUNITY F-1 SEASON RESERVATIONS Complete hotel service, plus a self- contained shopping center: Barber Shop, Beauty Salon, Children's Shop, Fruit Shop, Florist, Fur Shop, Gift Shop, Gown Shop, Garage, Jeweler, Linen Shop, Limousine Service, Men's Shop, Newsstand, Pharmacist, U- Drivit Autos, Beach Accessories, Current motion pictures shown semi- weekly in Hotel auditorium. Catholic and Protestant Church services in the hotel. In an excellent Tutoring School nearby the children can keep up with their classes at home. Moderate in view of type of accommodations, quality of cuisine and service, and wide variety of entertainment offered. The range of rates is broad, providing rooms and suites to meet every taste. Clearwater and Belleair are attractive, well -kept residential resort cities. The Civic Auditorium offers interesting concerts and lectures during the hinter season. Motion picture theaters and shops are con- veniently located. Several major league baseball clubs train in and near Clearwater, with exhibition games daily during March. From early January until mid- April. Requested in advance. References will be exchanged gladly. For information and reservations, see your travel agent or write direct. Bernard F. Powell, President Donald E. Church, Manager ' Belleview Biltm.ore Belleair, Clearwater, Florida 3317 Tel. Area Code 813 442 -6171 = = m m = = = = = = = = = m m m m m = t 0 f u 0 0 considered comprehensive for site- specific data. PLAN/ Belleview Biltmore Cabana 263 /Historic Aerials / 1965.ai //2 Nun n VOLUME 12, NUMBER 3 OCTOBER, 1971 BELLEAIR, FLORIDA GREEK DANCERS TO ENTERTAIN AT ANNUAL MEETING Of PROPERTY OSIERS ASSN. GROUND BROKEN FOR FIRST U. S. STEEL CONDOMINIUM Ground was broken Sept. 9 for the first eight -story condominium that U.S. Steel Reolty Development Divi- si— will build on the bayfront near ' the Bellevie Biltmore Hotel. The first building will offer 46 units and is the first of three planned in th e Bayshore series. At the time of the groundbreaking, almost one third of the units already reserved, ompa ay offic als said. ' All bedrooms this series feature two large bedrooms and two baths, living - dining areas and wide balconies with a commanding view of Clearwater Bay. Prices will range from $40,900 to $53,400. Other condominiums planned will be as large as three bedrooms with prices ranging upward to $100,000. Joseph Dembeck, president of USS Reolty Development Corporation said that ome, an, to exploit the community, but to share in its growth in such a way as to preserve and enhan ce those features which have giv e it its own unique appeal." RAINY DAY CEREMONY– Joseph Dembeck, president of U.S. Steel Realty Development Corporation, with an assist from two - year -old Lisa Lizak, niece of a project secretary, turned the first spadeful of soggy earth in the rain, marking the beginning of construction on the Bayshore series of condominiums planned for construction near the Belleview Biltmore Hotel. Dn Thursday, October 28, at 8 p.m. ' in the Civic Center, the Belleair Civic 8. Property Owners w'll have its ' annual meeting. The highlight of the evening will be a performance by a ' group of children from Tarpon Springs who will perform traditional Greek ' d costume. Following brief review of the a ' y ar's activities by the President there will be the annual election of officers and directors and such other business as may come before the meeting. Mayor Fred Wilder and Town Manager John Coleman will give brief reports, followed by refreshments. ' All members are urged to attend what promises to be an informative and entertaining evening. GROUND BROKEN FOR FIRST U. S. STEEL CONDOMINIUM Ground was broken Sept. 9 for the first eight -story condominium that U.S. Steel Reolty Development Divi- si— will build on the bayfront near ' the Bellevie Biltmore Hotel. The first building will offer 46 units and is the first of three planned in th e Bayshore series. At the time of the groundbreaking, almost one third of the units already reserved, ompa ay offic als said. ' All bedrooms this series feature two large bedrooms and two baths, living - dining areas and wide balconies with a commanding view of Clearwater Bay. Prices will range from $40,900 to $53,400. Other condominiums planned will be as large as three bedrooms with prices ranging upward to $100,000. Joseph Dembeck, president of USS Reolty Development Corporation said that ome, an, to exploit the community, but to share in its growth in such a way as to preserve and enhan ce those features which have giv e it its own unique appeal." RAINY DAY CEREMONY– Joseph Dembeck, president of U.S. Steel Realty Development Corporation, with an assist from two - year -old Lisa Lizak, niece of a project secretary, turned the first spadeful of soggy earth in the rain, marking the beginning of construction on the Bayshore series of condominiums planned for construction near the Belleview Biltmore Hotel. C�, Working under an umbrella because of a drizzling ' rain, Joseph Dembeck, president of U.S. Steel Realty Development Corporation turned the first spade of sod for an eight -story condominium on September 9, 1969. He was assisted by two -year ' old Lisa Lizak, niece of a project secretary. The story, which made the front page of this issue of the ' Belleair Breeze, reported this was the first of three ninety- six -unit buildings to be built on the bayfront side of the Belleview Biltmore Hotel- (Photo from the Town of Belleair Archives) C�, 'i i a x Left: Another mash auith television fame occurred in February 1993 Who hmfP.ssinnnl aarrPstfer HiA Nnrjnn nnnnirncad in a props coil fir ence at the Belleview Mido that he would star in a two -hour pilot for CBS entitled "Thunder In Paradise." The series, now aired on WTBS, is filmed at different sites in Pinellas County. (Photo from the Belleview Mido Collection) MOW: Un ApnI 2b, 1990, Hideo Kurosawa (standing) , president of Mido Development Company Ltd., and Bernard F. Powell (seated nest to Kurosawa) finalized the purchase and sale of the Belleview for $27.5 million. "It's a place where you can feel the history," Kurosawa soul "1YAPn I son this bnrnl for tho first timai I bbm U01 iioVLI ui«1 attracted by the elegant charm of the historic building." (Photo courtesy of Heritage Village) ' 93 Westenberger r1 'rec S aviee Clearwater, Florida 727- 535- 9' /'/0 N � TES _r t APR ' 01UU� � • s u u Westenberger Tree Service 2030 58th St North Clearwater, Florida 33760 727 -535 =9770 Fax 727-50.7-8733 January 28, 2008 Mike Cullen Wallace Roberts & Todd, LLC 191 Giralda Avenue, Penthouse Coral Gables, FL 33134 RE: Cabana Club (Belleview Biltmore) 1590 Gulf Blvd Clearwater, FL 33767 Dear Mr. Cullen, ENGAGEMENT Per your request, dated January 22, 2408, attached please fin, d the Certified ' Arborist Tree Inventory for the above referenced site. Evaluation was performed at ground level only. Protected Trees on or adjacent to the site were tagged, identified, inventoried (qualitative and quantitative data), and notated on the site plan. A tree site survey was not available at the time of the inventory. Locations were marked as accurate as possible and should be only used as a -guide. 0 A total of 69 palms were tagged starting with number 2601 and ending with 2669. These blue tree tags were placed on the North side of the trunk at approximately 4 -1 /2 feet above grade. Trunk.measurements were made at .this height and recorded as DBH (diameter at breast height). Canopies were measured in ,four directions, North, South, East, and West. A condition value and rating is assigned to each tree to provide an evaluation taking into consideration a tree's health, structure and viability. Finally, recommendations are listed for each tree to promote preservation or removal, if warranted. Immediate attention is needed for the treatment and prevention of Texas Palm Decline affecting the health of the Queen Palm, tree tag #2652 eand Canary Island Date Palm, tree tag #2656 on site. Thus is a very aggressive disease and needs to be managed with a routine maintenance .program. The palms in the area are being exposed and declining sand an astounding rate. An information sheet is attached Treatment is needed as soon as possible. 1 0 0 Also, a Washingtonian Palm, tree tag #2654 by the stairs in the North East corner is of concern. Upon attachment of the tree tag the trunk produced a hollow sign which typically is in response to decay. A hazardous tree assessment' recommended to determine the degree of decay. Since this tree is in a high pedestrian area and located near the building, if the tree were to fail damage to persons and or structures .is potentially possible. Removal is an option; a permit would be needed. ' OPINION ' Best Management Practices for trees on a construction site and Basic Protocol for Site Development'shall be followed and are included in the attached specifications. These recommendations are key components for successful tree preservation. Trees and Palms ' that will remain on or adjacent to the site shall be protected with construction barrier prior to demolition and during construction (when damage is most likely to occur). These trees and :palms, where specified, should receive nutritional support by granular ' fertilization, root-inoculation and/or trunk injection to compensate for construction stress. The goal is to maximize effectiveness of growth regulators within the tree to quickly produce new growth. ' All viable palms to be relocated should be inoculated, pruned, and held on -site, if possible; in a temporary nursery supplied with irrigation and mulch for root ball insulation. RECOMMENDATIONS ' To ensure high survivability, the following recommendations should be followed: All tree protection zones shall be established with a construction barrier (Best is a 6 =fo6t chain link fence with no top rail, eight -foot posts sunk two feet below grade every ten .feet). The minimum distance for a palm is 3 -feet from the trunk and may be included in a group. 'Prior to the erection of the construction barrier: Removal of under story or intertwined vegetation, structures, asphalt, curbs, ' pavers, etc. that are within the tree's protection zone should be supervised by a Certified Arborist (some tree removal and demolition may need to be performed by hand or with the smallest equipment possible). No debris piles, bum pits, equipment or supply storage, ' toilets, or washout areas are to be placed within the tree protection zone. Protection from chemical poisoning is .often overlooked. ' Proper trimming, pruning cuts, shall be performed in accordance to ANSI Standards A300 by a qualified arbonst and not construction personnel. (Palm Pruning. 5:8), ' Nxitritional Treatments (Fertilizer and Disease related injections) should be performed, if recommended, on specified individual trees. SUMMARY Loren Westenberger Certified Arborist, 90-0334 Registered Nursery Tree Grader, 2028 Roadside Vegetation Management Specialist Our intent is to always preserve as many,trees:as possible. The design team should take into consideration any viable tree. All trees remaining on or adjacent to the site shouldbe protected during demolition and construction. The developer `is responsible and shall avoid injuty'to trees during all developmental ;activities. tY Su pervision of-any activity within the dripltne of a preserved tree needs to be ' monitored by a Certified Arborist. Trimming and nutritional support are to be performed prior to the installation of construction barrier. Care shoutd'be taken when removing any hardscapes and under story from the preserved trees. The construction barriers should be ' installed outside the drip line to protect these trees. Heavy equipment shall avoid the root -system, trunk and canopy of the trees to be preserved and inust stay out of the tree protection zone unless, under certain circumstances, steel plates and mulch are used to ' avoid .compaction. If the operator cannot safely move within the allotted space, the equipment should be downsized. Only after these steps are completed and the trees are protected should the demolition or construction contractor proceed with work,outside the fenced areas. Regular monitoring by the Certified Arborist of the preserved trees and the palm relocation nursery is recommended. Notification of any injury to a preserved tree must be ' trade to the Certified Arbodst as soon as possible so evaluation and remedial action can be taken. Any herbicides placed under paving-materials must be safe for use around trees labeled ' and for that use. Any pesticides used on site must be tree =safe and not easily transported by water. Any grading, construction, demolition, or other work that is expected to encounter ' tree roots must be monitored by the consulting Certified Arborst. The City of Clearwater requires a permit and approval for removal of any of the trees/palms on site. Following these construction protocols will help provide the best environment for preserving trees and- protecting those on the adjacent properties. ' Safe, healthy, and well -cared for trees are an asset to an roe or project. Y property rtY P ro' I affirm that my opinion has been made in total good faith based on the facts. presented during my inspection, with no coercion from others. ' Sincerely, 1 Loren Westenberger Certified Arborist, 90-0334 Registered Nursery Tree Grader, 2028 Roadside Vegetation Management Specialist 1 0 . 0 { Best Management Practices ' Construction Impacts to Trees Hire a Certified Arborist Early m the Process, inventory trees and.seleot trees to save Protect those trees you want sa "ve. ' Consider Canopy Conformation: Avoid above ground ui�urtes ,Prune before construction. ' Prune broken or torn limbs t' o form clean cuts. No construction actrvit�es �n the root protection zone_ . Trees may die suddent}r after construction ends or show a slow decline over a period ofyears, ' Schedule routine inspections. When Clearing; Install fences to protect trees from injury. Have construction barrier in place before clearing begins: ' Avoid compaction,. use mulch and/or pads to protect the root zone Most compaction occurs during the 6sti pass .of equipment. Leave'understory vegetation under trees, if possible. ' Perform selective clearing. Eland clear trees or use specialized equipment. Avoid .Grade Changes: Restrict.stripping of topsoil around trees. Re as little as.2 inches of soil removes many important roots. ' Even adding smelt amounts of soil can impede water, nutrient and oxygen uptake, killing the roots. Small diameter roots absorb the most water and nutrients. Even a temporary storage of sand or soil can suffocate a tree. ' Choose appropriate site desigq, maintain grade, root prune at edge of excavation. Don't channel water towards trees. For Utility or Irrigation installation: Consolidate utilities. Alter the route around trees or root excavate and tunnel under the root. system. ' For Pavement Installation; Utilize natural grade. Design traffic patterns to avoid heavy loads to trees. Minimize use of pavement within dripline. Choose pavement with the thinnest section, or permeable materials. Give ample space in planters for root systems. For Footings, Foundations and Walls; Avoid continuous footings next to, trees. Place grade beams above grade. ' Re orient piers. Reinforce the slab: to reduce the need for soil. compaction. Thicken edge of slab to provide supportland stability. i Avoid Dumping, Spilling, Storage, Drainage: ' Seleci a specific area for storage and disposal of building debris, chemicals. port- o-lets. Use plastic tarps to;prevent spills. Clean up splits iminediateiy. ' Use pesticides according to label. Channel water away from trees. i BASIC PROTOCOL FOR :SITE DEVELOPMENT PROTECT THE TREES YOU PLAN TO SAVE ' I. PERFORM TREE INVENTORY.ASSIGN,A NUMBER TO THE TREE, IDENTIFY SPECIES, ASSIGN A SUITABILITY AND .CONDITION <RATING OF THE TREE, MEASURE CANOPY, HEIGHT, DIAMETER AT BREAST HEIGHT .(DBH), IDENTIFY SPECIMEN/PRESERVATION OR HAZARDOUS TREES, MAKE RECOMMENDATIONS /SPECIFICATIONS. 2. WORK WITH CITY ARBORIST, PROJECT ENGINEER, ETC. TO DEVELOP ' APPROVED TREE PRESERVATION PLANS AND /OR MAKE DESIGN CHANGES. ALSO, APPLY FOR ANY AND ALL TREE RELATED PERMITS. KNOW DEVELOPMENT AND BUILDING REGULATIONS CONCERNING TREES IN MUNICIPALITY. 3. BEFORE CONSTRUCTION PERFORM RECOMMENDED /NECESSARY TRIMMING TO ACCOMMODATE CONSTRUCTION, BUILDINGS, ROADS, ETC. REMOVE ANY ' VINES, MISTLETOE, SPANISH MOSS. INSTALL MECHANICAL :SUPPORT, IF REQUIRED. HAND REMOVE ANY UNDESIRED UNDERGROWTH OR MATERIAL. UNDER THE CANOPY. AVOID ANY GRADE .CHANGES TO THE SOIL. ' 4. PROVIDE NUTRITIONAL SUPPORT TO TREES AND PERFORM ROOT PRUNING IF ANY DRIPLINES ARE COMPROMISED .BY CONSTRUCTION OR. EXCAVATION, INSTALL ROOT BARRIER, IF N" EEDED. ' 5.. INSTALL TEMPORARY IRRIGATION MULCH, AND IF NEEDED. 6. INSTALL CONSTRUCTION BARRIERS AROUND TREES TO BE PRESERVED. DRIPLINE SHOULD NOT BE INVADED. HAVE TREE PROTECTION IN PLACE (AND INSPECT TO MAKE SURE IT STAYS IN PLACE) BEFORE CLEARING. 7. AFTER TREESAARE PROTECTED, PERFORM SITE DEMOLITION, HEAVY ' EQUIPMENT REMOVAL OF UNWANTED /MITIGATED TREES, AND CONSTRUCTION. 8. LIMIT SITE PARKING AND STORAGE TO ALREADY DAMAGED AREAS. DO NOT ' STORE EQUIPMENT, MATERIALS, TOILETS, WASH OUT, FUEL, FIRES, ETC. NEAR PROTECTED TREES. MOST TREE ROOTS ARE CONCENTRATED IN THE UPPER FOOT OF SOIL AND CAN EXTEND UP TO THREE TIMES THE DRIPLINE. 9. PERFORM REGULAR MONITORING OF PRESERVED TREES. NOTIFY CERTIFIED ARBORIST OF ANY INJURY AS SOON AS POSSIBLE FOR EVALUATION AND REMEDIAL ACTION I Glossary Dripline-The Wg&.bf the canopy ' • Inoculate-Soil inje6hon of beneficial mycorrhizal fimgi,,biostimulant, beneficial bacteria, vitarn0s. growth & rooting Pg hormones, organic fertilizer, wetting agent, soil conditioners and nutrients, and aerate soil. • Inject-Liquid fertilizercapsuies injected directly into a tree's. vascular system. ' • 5.8 .ANSI A300 Palm Pruning 5.8 I Pahn pooing should be performed when ftnds, fruit, or.loose4jetioles may create a dangerous condition. 5:8.2 Live fie,althi(Oprids,iiii(dating at an angle of 45 degrees or greater from horizontal, with frond tips at or below horizo W, should not be removed. I Hazardous Tree Disclaimer Trees inherently- 'pose acertain degree of hazard and risk from breakage, failure or other causes and conditions. Recommendations that are made by Westen e b rger Tree Service are intended :to minimize. or reduce hazardous conditiom that may be associated with trees. However, there is and there can be no guaranty, or certainty, that efforts to correct unsafe conditions will prevent breakage or failure of a tree. Our recommendations should reduce the risk of tree -failure but. not completely MPI eliminate such risk, especially in . (her the event of a. storm or any o act of God. Some hazardous conditions . in landscapes conditions . I d ap es are apparent while others require detailed inspection and evaluation. a detailed .- 1, -: while . 11 . I :q , , I I I ''on 1 inspection and evaluation should and normally does result in the detection of potentially hazardous conditions, 9, there- can be no guaranty or certainty that al . I hazardous conditions will be detected. Tree Characteristics must be considered when evaluating defects. Also, site factors interact significantly with h defects to predispose trees to failure. The following site . factors should be considered in evaluating failure potential: Exposure, Slope and aspect, Prevailing wind direction, Site changes (Construction, stand thinning, grade changes, etc.), Soil conditions (drai mage, soil volume-, compaction, pavement infringements), Target values and Site use intensity. If serious defects are -found and poses an unacceptable risk of failure of the tree, removal is therefore recommended. If less serious defects are found and do not predispose the tree to a severe or critical risk of failure, remedial treatments pruning, Atments such as - cabling, bracing, etc.. will assist in correcting or compensating for the defect.. I 1 0 0 Factors Considered When Evaluating Suitability For Conservation; Tree tIealth Healthy, vigorous . trees are better able to tolerawsuch as root injuiy, demolition of existing structures, changes, in soil grade and moisture, and soil compaction than are non vigorous trees. Structural Inteanty -Trees With significant wood decay and/or other structural defects or conditions should not be conserved iii areas where damage to people or property is likely. ' Species Response- There is a wide variation in the response of individual species to construction,mpacts and changes in the, environment. Tree Age and Longevity- While °having significant emotional and aesthetic appeal, old trees may have limited physiological capacity to adjust to an altered environment. Young tree are better able to generate new tissue and respond to change: ' Cost - benefit Analysis -The relationship between cost of conservation and the benefits of the tree should be considered. I Survivability /Suitability Rating ' Excellent These are trees. are in excellent health and structural stability and should be preserved: No apparent problems are noted. ' Good- These are trees with good health and structural stability that has the potential for longevity at the site. Minor problems may be noted. These trees are typically assigned a Slight to Moderate Risk Rating. Fair -Trees in this category have fair.health and/ or structural defects that may be abated with treatment. These trees require more intense management and;monitoring and may have shorter lifespan than those in "good" category. Major problems may be Hated. These trees are typically assigned a Moderate to High/Severe Risk Rating. ' Poor - Trees in this category are in poor health or have significant defects in structure that cannot be abated with treatment and cannot be mitigated. These trees can be .expected to decline regardless of management. The species or individual tree may possess either, ' characteristics- that are undesirable in landscape settings or and is generally unsuitable for use in area. Extreme problems may be noted. These trees are typically assigned a High/Severeto Critical Risk Rating. 7 Palm Diseases Caused by Phytoplasmas: -Lethal Yellowing and Texas 'Phoenix Palm Decline Monica L. Elliott and Nigel A, Harrison University of Florida, IFAS, Fort Laude_ rdale Research and Education Center July 2067 Until recently, the only Florida. pa- lm disease caused by a phytoplasina was lethal yellowing 'In October 2006; a second ph plasma disease was confirmed in west central Florida (Sarasota to'Tafnpa). This article describes'the new disease and :pr"ovides an update on the spread of lethal yellowing`. Photos referred to in this article are located at: htto : / /firec.ifas.Lifl.edu /palm j)rod /Iv- tp.shtml Lethal Yellowing'Update The disease was first observed in Florida in the 1970s. Currently, there 'are 36 palm species known to be susceptible to'lethal yellowing..Cbcos nucifera (coconut), Adonidia merril ii (Christmas palm), .Phoenix dactylifera (date palm) and Pritchardia spp.. are highly susceptible and :are not reco_mmended'for widespread landscape use in areas where LY is known to occur. Historically, LY has :occurred only in the southern one -third of Florida, presumably because the. planthopper vector ,( Myndus crudus), which spreads the phytoplasrha, is not cold hardy. Spread of the disease may be a consequence of mild winters during the last decade, thus_ allowing Myndus crudus to spread and persist further north in the state. Texas Phoenix Palm Decline In iate 2006, in the Ruskin /Apollo Beach /Balm area, Phoenix palms with :LY symptoms were sampled. DNA analysis determined the palms were infected with a phytoplasma related to, but'genefically distinct from, the one that causes LY. The signature DNA sequence obtained from this riew strain was a 'perfect match to the signature of a phytoplasma known to cause Texas Phoenix palm decline disease on P. canariensis (Canary Island date palrh) in the Corpus Christi area bl' Texas.The presence of this new phytoplasma strain ha§ been confirmed in symptomatic P: canariensis, P. dacfylifera and P. sylvestris in landscape and field nursery sites'from 'Sarasota Countyto Hillsborough County. It is not known wheri'this phyt'oplasrria arrived on Florida shores, but it was probably before the hurricane seasons of 2004/2005, as it would take considerable time -for.both the pathogen and vector populations to.`increase to significant levels. The phAdplasma was probably moved from Texas to Florida via an infected vector, as very few, if any, mature Canary Island date palms are move_ d from southeast coastal Texas to Florida. The symptoms of this new disease appear to be exactly the same as those associated with lethal yellowing of Phoenix species. The first obvious Symptom ;on mature palms is a premature drop of most or all fruits (Figure 1). Inflorescence (flower) necrosis (death) follows (Figure 2). However; these two symptoms will only be observed if the palm is mature enough to produce fruit, if it is the season for flowering and fruiting, and if no one has trimmed'the flowers or fruits from the palm. 8 r Page 2 • Palm Diseases Caused by Phytoplasmas: Lethal Yellowing and Texas Phoenix Palm Decline The next symptom is discoloration of the foliage, beginning with the oldest leaves. The leaves do not turn yellow (or do so briefly), but quickly turn varying shades of reddish - brown to dark brown or gray (Figure 3). The discoloration begins at leaf tips (Figure 4). The onset of leaf discoloration is usually first recognized as a greater number of dead lower leaves than would be normal. This symptom might be confused with other problems such a early senescence due to nutrient deficiency (e.g., potassium) or Ganoderma butt rot. If someone is continually removing these dying or dead leaves (nobody likes an untidy palml), even this symptom may not be obvious. When less than one -third (and usually less than one - quarter) of the oldest leaves have discolored and become necrotic, the spear leaf dies (Figures 2, 5 and 6). This Indicates the apical meristem (bud or heart) has died. Once this has occurred, there will be no further development of new leaves. The remaining leaves continue to discolor from the oldest to the youngest leaves. Usually by the time the apical meristem dies, mature roots of palms at or near the soil surface are unusually soft in texture and are easily broken. The palm can be easily rocked back and forth in the ground because the root system is decaying. This symptom is not typical for palms affected by lethal yellowing. While you would think it would be fairly obvious when the spear leaf dies, it isn't. Phoenix species have numerous leaves surrounding the spear leaf. Unless you see that the spear leaf is dead (Figure 2 and 5) or find it hanging from the canopy (Figure 7) or on the ground, you will probably need to physically examine the canopy up close to determine if a healthy spear leaf is present or not (Figure 8). Also, we have observed that the young spear leaf on Canary Island date palm is often enclosed in a sheath that is brown and very thin (it tears like paper). Do not confuse this brown sheath for a dead spear leaf. Management of Texas Phoenix decline will be similar to that for lethal yellowing (see http : / /edis.ifas.ufl.edu /PP146), with chemical control based on application of the antibiotic oxytetracycline HCI (often referred to as OTC). If the spear leaf has died, the palm should be removed as soon as possible for two reasons. First, death of the spear leaf indicates the apical meristem (bud) has died, so no new growth will occur. Second, the diseased palm serves as a source of the phytoplasma that can be transmitted to healthy Phoenix palms by an insect vector. If the spear leaf has not died, therapeutic treatment with OTC injections every four months is recommended. The antibiotic can be used preventively to protect palms if Texas Phoenix decline is known to occur in the area. As with lethal yellowing, disease management of Texas Phoenix decline via control of the vector population would not be recommended since the vector is unknown at this time. Use of host resistance represents the most practical long -term solution. However, the complete palm host range of this phytoplasma is not known. Z 0 0 Ii. ImMa", M.. Street A085 USAV 2006 Plus I I I ■ ■ . | \ � � |�# �� � , �� | , { I |� � � St � � � � U| � ■ � ,` 2 | ; .| ■ | § \ : | ■ 26 1-1 1% �. j� ���c • / rJZ E WB. CONDOWNWMS 77. 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"Mwww .' r.W�rwwwwww ww ww #'�MII���r lwMw7 IiWC .E. .� i 1 a" �� s Cwiwwwwwwwl._ rrwwrwwww1 "a w Rw it 1 :, 1 1 •'` 1 �; Wa.°y"t �i IJ - £► .W Tree inventory CabahaVUb Clearwater; Florida 1428/12008 Westenberger Tree,SeNice 1 0 • ,COMMON NAME' DISH HEIGHT(Appkbx) CANOPYINIS NOTES/ ,169 BOTANICAL NAME CONDITION '%o SURVIVABILITY: CAkOPY_ElW,RECOMMENDATlONS 2601 Cgbbage,`Palrn, 1V 20' 61 h Standard, 10:00/2:00 70% Good . , Routine Fertilization' ,(Mar,, J'ure; Sept) Relocate or Cionstrueflon Sameir 1662 CaWAgePalm• JBottle Neck 3061palffietto, 660/0 Good' 'St6ndiard:,Tfl m, 10`Oai , iO 0 0 'Routine Fdrtilizabom(Mar, June, Sept) 2603 Cabbage Palm. 25' 61 'Standard Trim, 1'0 00/2:00. Sabalpalme.tto 800/0 Good Routine FertilkatJ'6n,,.(Mar,,-June, Sept) 'Relocate, or Construction Barrier 2804 Cabbage Palm 1211 25' 6fr 'Bottle Neck Marred. Trunki, Damagq,duriJhg install ,Sabal,palmetth '70% Good Standard Trim, 10.-66/2:60 Routhe Fertfilizatl6ri'mar, June, Sept), Relocate .00bng d'Wn8ArrIer •608 Cabbage Palm 12" 25' 61 Bottle Nack,: Marred Trunk (Gaft-,'Mat.k6),,, Slight Lean. 'SsbW� �palmetto 70% Good. Adjacenf•propdr 6, treefift"15666h easement 2606: Cabbage Palm, 12" 20' V Bottle. Neck; V6rred; Trunk I (Paft.Matkt), 8abal., palmetto 65% Good Adjacent: propery owner's .tree/in beach - easement 2607 'Cabbage Palm 1311 25' 51 Bottle. Neck, Marred Trunk (GatMarks'). Sabal palmetto 651% Good Adjacent, propery owners treeffn beach easement 2608: Cabbage Palm 11" 30' 6 Bottle Neck,.'Ma'rred'Trunk, {Gaff Marks), Sbbalpaltn6tto 65% Good Adjacent propery owneestreefin beach:,easement 2609 Cabbage Palm 10" 30` N 2'[S 5' Marred. Trunk, (Gaft-Varks), Bowed Thank; Sabal)olmetto 60% Good E 3' f WT Adjacent' 'pr6 0dry owher's"treefin beach easement 1428/12008 Westenberger Tree,SeNice 1 0 • Tree Inventory Cabaha'Club Clearwaitor,-#f6Hda '1118/2008 Westenbergor-TteeService 2 40 • 'COMMON NAME DSH HEIGHT(APPKOX) CANOPY N/5 NOTES/ 164 ;BOTANICAL NAME ;CONDITION % ;SURVIVABILITY iCANOPY gk REWMMtWOAIIIONS 2610: Cabbage Palm 12" 250 71 Botft'-Neck; Marred Trunk, Darnagei during install Sabal pae l' ft 750/6 Good Standard Trimi, 10.46012-:00 Routine-,F6rtllIzbtibh' (Mar,. June, Sept)° R61ocate 6r'C6n.§tructi'6n::'Banier '2611 Cabbage Palm 17" TV T fthdard.TrimA0.00/21,0D Watpalih6ft 8511/0 Excellent Routine Fertilization (Mar, -June- Sept)-, 'Relocate ,-otConttrucffon,: Barner 2612: Cabbage Palm 17" 71 Standard "Trim, .1'0"00/2-00 Sabal:palmeito 85% Excellent Routine ,Fertilization (Mar,.June; Sept), Relocate. or Congh- don.9arrier .'2613 Cabbage Palm 11,11 30' T Standard 7ft, 10-002D0 Sabal palmetto, 85% Excellent Routine Fertilization (Mar, June; Sept)' Relocate or Constru.ctlon'Barrier. 2914 Cabbage Palm 30' 40 Bottle. Nedk Marred Trunk (Gaft' Marks) Sabal palmetto 60%, Good Adjacent p�peyvwnee s treefn beach easement- 2616 Cabbage Palm 30' 50 Marred, Ttunk,'(GaWaft). Sabat,palmetto 65% Good Adjacent p- rope- ry'd WneiestreeAn' beach easement 2616 Cabbage Palm 111 :25' N 4'[&S' Marred Trunk GO t, ark s ), Bowed Trunk -Sabal palmetto 70% Good E 5"1 W 5' Adjacent propery o.iAM&r..stfe-e*Tih-beach eas6rherit, 2617 Cabbage Palm. 1311 30' 71 Bowed Trunk Sabal palftieffo 75% Good Standard Trim, 1030012•:00 ,Routine,fOrtilization (Mar,,JUne, Sept). Relocate or,Construdon barner 9618 :Cdbb9ge..Palm, 10 "' 6! Bottle Neck, Marred Trunk (Galt Marks) S061,p4im6tto, 0/16; Good, Adjacent pr6p6ty.",o'Wn'ees. I tre'e"fi 6-beach easement- '1118/2008 Westenbergor-TteeService 2 40 • Tree, Inventory Cab9haClUb -Clearwater; Florida 112812008. Westenbergerjr Tree Service 3 • 1101 dOMM6NI AAME. DBH HEIGHT(pPrOX) CAUOPYNIS, NOTES/ TAG WTANICAL NAME. ;CONDITION N SURVIVABILITY CANOPY E/W RECOMMEND6T1,101SIS, ;Cabbage '.Palm 12o' 30' N-,3'1,S,.V Bottle Neck, Marred Trunk Leans S' !SaWpOhetto �60% Good 8 4`,'fW W yown Adjawntproper %rin,beadh e ntL wttreL 2610 CabbageTaIrn .12" NZ I SA' Bottle Neck; MarredTrunk,,,(Gaft-Marks) Leanot' Saba / palmetto 75% "Good E 4"./,W.4' Adjacent propery, owners tredlih�,156fth easement 2621 Cabbage Palm Marred TrU6k'(Gaft Marks). Sab6tpalrnetto, 60% Good Adjacent pro p PerY owners tree/ih-, beach easement; 2622 Cabbage Palm loop 26' 41 'BOtUe Neck, Marred Trunk -(GaftMatks) SabatpalmOto 600/0 Fair, Adjacent,prbory owners treefiinbeaqh easement, 2621 %Cabbaige.Ralrn. 351 61 Bdt8e Neck, M arr ed Trunk (Gaff tft Saba! palmetfo 60% Good Adjacent ProPeyOwners treelih beach easement. 2624 Cabbage.P91im 910, 20' 41 Marred Trunk (Galt Marks), SOal palmetto. 40% Fair Adjacent prbpOry owner's tree/in-bea0h easement, Cabbage, Palm 101 30' 50 Bottle Neck, Marred. Trunk- (Galt -Marks) Sabal,palmetto: 50% Fair Adjacent, propery, owners treetin beach i easement, 2626 Cabbage Palm 12" 30' 61 Bottle Neck, Marred Trunk !(Gaft Marks), Rqpe Q,2.6'ft, SaMpalmetto 55% Fair Adjacent,propery, owners treelin: beacK easement: 2627 'C'dbbd ' ge.Palm. 13" 01. NJ61 S'61 Bottle Neck, Mare d Truhk(06ft'Markt) Sabafpalmetto� Good S. VV Adjpcentpropery owners treed - beach - A �easerh6nt 2628 CAbbageRaIM. -10" V Bottle Neck, Marred Trunk (Gbft,.Marks) 200/0. Poor Adjacent: pmpery owner's *w/in'!'beach'e0.sem'en t, 2619 Cabbage Palm '910 20' 51 Neck,, Marred Ttunk.(G Marks)oRoOeQ.,'.2-..SIft Bone -S,8681 palmetto Fair, Adjacent propery owners tr'eefin; beachrea.sement . 112812008. Westenbergerjr Tree Service 3 • 1101 'Tree, Inventory Cabana .ClUb, Clearwater, Florida Westen'berger 'Trdeservice 4 COMMON NAME- DBH HEIGHT(APPRoxI CANOPY "NLS .,N-6TES1 BOTLANICALMME CONDITIONX SUKVIVABILITY CANOPY RECOMMENDATIONS' 2630 Cabbage'Pal "m 12" 25' Marred Think (09ft"Mark 6). Sabel palffietto� 70% Good Adjacent Ord I - owner's 1. Pery,1r6eflni,beach:z6asement, 2631 Cabbage Palm.: lift. 15, 7 Unde rsiz ed''Cano-py' Planted tooAdePSabafpalmetto 15% Poor Standard Trim, 10;0'0/2:00° ' C 6 n s t f u c ffl on , Barrier or Remove =2 Cabbage Palm 21 Undersized-Canopy! Plantedlbo deep sabal-palmotto 15% Poor Standard Trim, 10--00/2-00 = S Construction Barrier or Remove :2033 Cabbage:.Palm 15, 31 Undersized. Canopy; Planted too deep Sab#tpalrnofto 15% Poor Standard Trim, 10:`00/2:00 C6nsftcbonr'BaM6r;or Remove 2634 Cabbage Palm 11" 15, 41 UndersizedwCanopy, Planted too. deep: Sabel palmetto 15% Poor Standard Trim, .10: 00/2;00 CoheructionBarder. or Remove 1635 -Cabbage Palm It 201. W011 SZ Uhdiirsized.. an lah ad 6; eep iopy.P t ,to di Saba/ palmetto 450/0 '.Poor E-214W,2' Leans. S, Marred Trunk; Standard THM, 10:02:00: Consftctiorf"Barner"or Admovs 2106; WaighingiPWPAIM: ftMingthni&robusta 1511 210" ROMNO. did boots,: .6 sharpt: close to wglkway --80% Good o Standard Trim, 400/2.bb Routine Fertilization ,!r(Mi§r.,,,,Juhei,,,,Sept) ftlocate .Dr�CdhstrVdiiofi ftftr) 2637 ftshingtorriftifn 1.4" 20' r Standard'TrIm., 1�0:60'/,2:00 Washlngfi&Va<robijsta 85% Exceftnt: koone Fertilization i(Mar, JUne,z&pt) RdlodaWdr.'Con' x #thIft on Bard, er' Westen'berger 'Trdeservice 4 Tree 'nventory Cabana Club CleanNater; Florida. 1128/2,008 'Wettenbet'd 9 rT : Mel.'Servide • E C MMONNAME DBR HEIOHT(APPROX), CANOPYNIS NOTIt9l. .189 BOTANICAL- NAME CONDITION % tUA I ITY CANOPY ENV, RECOMMENDATIONS 2639 Washington. Palm- IT 451 7' Marred, Tapered Trunk We-Wh9tonia- robusta 75% Good. Standard Tfirn, I OfOO/2- "00 Routine Fertlization'..'(Mar; June,, Sept) Relocate-, or,;C,onsttuction Barrier :2639 Washington Palm> 51 Small Fronds WashriVonia robusta 65% Good Standard Trim, 10 :00/2100 Routine Fertilization (Mar, June, Sept) RelocAt6IorConwutU6 Barder 2640 WashingtomPolm ISO 45' 71 Small,Fronds tNa Ingfvnia—robusui 70% Good: Standard TrIM,, 10:00/2:00 Routine FdrtillkAti6n:I(MAr; Juhe, Sepf) Relocgite,dr-Construction Barrier, Wash! ngtoWPalm : 161 20, Small Froncls INasiiirigtonla rabu,sta 76% Good: StAnclard'Urn, 100/2:00 Routine Pertilization ,(Mar, June,, Sept) Relocatwort-onstruction Barrier 2649 Washington ,'Palm 13" 45': Marred"Trunk 70% Good' Standard Trim, 10:00/2:00 RdUtin6f6rtllikatibh(M'6r:, Junt,,,Sept).. ftlocate-or,'C,ond' t ruction Barrier 2643` C'gbbagd Palm 911 30U Marred Trunk, Wat palmetto 60% Good Standard ." Trkh.. W 010 10" O/Z Routine Fertilization . . ;(Mar! June; Sept); Relocate orConstruction Barrier 9644 Cabba-ge PaIrn Slight ..Bow„ Tapered - Trunki,-, Bottle' Neck: Saba l p6lmetto 'Good :Stanclard Trim1 , a " 6W.0 1 0 Routine f OOQ6�n (Mar; Johe,:�' Sept): R6lod6*tr'Co-Insthidoft Barrier 1128/2,008 'Wettenbet'd 9 rT : Mel.'Servide • E Tree Cabana _ . Club Fforrda4 1/28/2008 Westenberger Tree :Service 6' COMMON:NAME: DBH HEIGHT(APPRox) CANOPY NIS` NOTES/ TAG.: BOTANICAL NAME; CONDITION %, SURVIVABILITY CANOPY FO RECOMMENDATIONS 2645 Cabbage :Palm IT " 30" T Marred Trunk Saba/ palmetto 65 % Good Standard Trim,,10t00/2 00 RoutineFerfitization (Mar, June. Sept) Relocate, or.Construction Barrier 2646' Cabbage Palm 11" 20' 7' Bottie.Neck, Marred Trunk'(Gaft Marks), Naits<in Trunk: Saba/palmetto 706% Good`. Standard" Tnm, 10:00(2:,00 Routines Fertilization (Mar; June„ §ept) Relocate; or Construction Bamer • 2647 Cabbage Palm 12" 25' 5' Srrtiali Frond's Sabel palmetto 70% G'oodi Standard "Tnm,a 10001200 Routine t=erdliZatibn (Mar, June;;Sept) Relocate:'or Construdtfon Barrier- 2W Wash ngton Palm 13" .20'= 8' Standard`Trim.10 0012 d0 Wash ingtanlarobusta 80 %0" EXceilent- Routine Fertilitation (Mar; June; Sept) Relocate'orConstjuctiorti Barrier 2649: Washington Palm 41" Sniatl Fronds: Vllash1h9ton"ia:robusta 46 % Fait Standard fith, 10 "00/2:00 Routine`Fertil'izatibn (Mar, Junes Sept) Relocate' "or Construction Barrier 2650 Cabbage.Palm 9" 26'. N 9',,1:9J6'- Lea E,'TooLlose to Building Sa,balpalmetto 70% Good E 9'1 W 6' Standard Tnm, 10:00/2 00 Routine Fertilization (Mar; June;.; Sept) Relocate or Construction Barrier 251 Washington ;Palm IT 40' 6'` Marred Trunk, .Poor Canopy W4.§hingtonia rotS"usta 55% Fair Standard Tnm,10:00/Zs'00 Rout3ne:Ferhl�zation (Mat; June;Sept) Relocate "orGons#ruction l5arrier 1/28/2008 Westenberger Tree :Service 6' Tree Inventory ,y, Cabana Club Gleanwater, Florida COMMON NAME DBH HEIGHT(AppRox) CANOPY NIS: NOTF-S! iaa BOTANICAL-NAME, :CONDITION .%., WkWABILITY, 6ANOPY:-E/W-.'. RECOMMENDATIONS 2652 Queen Palm 10,11 "30' 7' Small,, Canopy :Sy8rusVrh6rfzoffiana 30% Fair Trim,,leava ful'114 shape bud Tdxas:Palrh Decline ,,O.TC.'Treatment;(Every-4,monrth,$)-, RoutimFertillizab''On ' (*Mari June; .'Sept) Relocate. ortoh6truci6mBarriof 2661, Was hingtonl&,robusta 65%q Good -fthddrd7d M, I'0t00/2:00 Rou,firve"'re"iji:666n (Mari R0lodAt0-,-6t"Construction, SMierl 2684, Washington Palm .71 'Tree Declining; Hollow sound WLSN �,robusta 65% Good Leans S', Marr'ed' Tiun'k StAftclard7ft"10,00/2400 F0tll!dtlah(M rt June . Se.p t ) 'Routine Construction BarnerorReno41--; 'HazardousTree AssessrftofltR rInm-6nded."-&** Bird of 'Paradise: (White) V, X, 5 16, -N VIZ. 1,0' Clean Dead Ft6nds/Debift Strefitzia 75% 'Routine-f6itilization"(ar, June Sept): t or, Construction ;; rfBi Aotoca e,-- -'d amer 26.66,. 'Caner y Island'.0ate PaIrm 222' 35.'. 1,21 Bottle Neck: Jx cananen Good Trimil6aveful'tj shape bud 'Texas Palrm decline, OTC Treat thf(Ever dhtht) M y 41 Rouhne.�FertilMZation (Mar;; June, Sept)` Relocate or:C-on*.uctIon''8arrIer 2667' 'Washihjtoh Paim, 45! 61 Marr6d7ruhk Washlngtonia:mbusta 700% Good 'Standard Tri'mi: 10.00/2,00, Routine.'Fertilhzatibn (Mar.. JUhej Sep Relocate or Construction' Barrier r 1128/2008 WeSteriberger Tree Service 7 Tteelft"hto.fyy Cabana Club lUb C 169rW*O,' Florida. Westenberger Tree Service • COMMON ON : NAME; IbBR -HEIGHT( Ro CANOPY,. Nj.s.:N 'CAN6PY_-0UwRECOMMENDATIONS 0 TE94 .90T, QLM:AMME,. ..CONDMON%/:,SU ILITY. DATI W s,!h- f I P. a.irfg on�Pglrrw 11 Marred Trunk, Canopy 1#�lb,ohljhg,to'n.16,-,.-,ro,oti$M. 65% %Good ,Spa Standard TOM, MODYTOO, :R60helF.6ttil� 06n (Mar; June-j,'Sept)' Relocate; or Construction r i5amer 26561. Washington .Palm 1511 351 51 Tapered TW 0 k P pa rts Canopy Wathifiglonki robusM AM Pait, Standard, T Routine /FMOhzfion (,Mgr: June, Sept) 260 'Washington Nim -23"':6tGrade stump 0, find Washfta�fonfrobusfa. 0% CAbb'd, ge * Palm .61 Tger6 —runk "Shall Bud Ssbalpafmefto 25% Poor StandardT b flo, Routine Perrilization'(Mar „June, Sept) tbhWuc.tbry Barrier hor-Re"Mo-i've” 2602- Cbbbagp Palm; 26' T Con'strUbon Sarfi6rff applicabli Sabarpalmelto SM 'Good Adjacent proper Y, ownetl!s-JA Ll= 2603 'Cabbag& Palm 25' 61 Sfijht,Bdw,,'Marred Trunk. Sabal Palmeffo 706/c, Good CoPstrubon Barri6rif"applibable, Adjacent -propery owhoet.trte 2664 Cabbage Palm 26' 61 Bottle Neck S ebdt P almedd , 766% Good Zoristruboft Bardirif applicable Adj6c6rit, ptooery -owner's tree 2666 Cabbage Palm. Oil, 30' 7' BbtUe Neck, Marred Trunk ldift-,Wd* , Sabal; pafmefto ZOOA, 'Good construtoft Barrier ifap OtteaW6 Ad!lacent,'Properyd Vn6ris tree Westenberger Tree Service • 0 1128/20W 1JVestenberger Tree Service g; Tree��;lrventory: Cabana Club GleanNater, Florida:- 0,6WVON"4 A'ME" DSH:; HEIGHT(APPROX) CANOPY VS BOTANICAL ISIAME' CONDITION % SUPWI IUTYI CANOPY 2066 Cabbage 'Palm 30' Marred'Trunk (Gaft,M ft s) S6bbjP6fffi6tt6 60% Good , Constutor-Bahet if Applid able Adjsiaerftorbpeiry owntestree 9667 Cabbage -:Palm 12" Marred Trunk ;-(G0t'.MArk9), Naills- hIrb-Oik. Sbbbl,'Od1mett6 75% Good COWU1900,13W . bfif'aopkable . Ace . nl� I p I it, p . ery �ovirne?slree% goo$ Cabbage ;Palm 30' N 04,SV Bottle Neck, lManed 'Trunk, Sdbalpalmefto 60/0 Fair SS'/ W8 Standard Tfifti. 1V0012. '00 Routine 'FL-r6lizdfion, (Mar .j.u.ne.�,, Sept. }: Relocdte7or:OQn*u*n Barrier Zessr :09bbage,.Palm 11" 35' T Bottle 'N" Neck, Marred 'Trunk ; 1, paf nefto 76% Good. Basal' Injury 5. sid6 Standard' 1*00/2:60 p Voh JUh6 :Sept) '. Reid &. c -bristrueflon Barrier 0 1128/20W 1JVestenberger Tree Service g; EW MW MNP- MW MMP- 101- MW- MM- LIM- 1011- 1011- 00- 1 MiW- MM- NO= 00m MMm- M-w 006a art AF 4e "n;4 ................ F, Y' ll pip • January 30, 2008 City Of Clearwater P.O. BOX 4748 Clearwater,. Florida 33758 Attention: Customer Service Regarding: Belleview Biltmore Cabana Club Dear Sirs, 1.� Please find enclosed Fire Flow & Hydrant worksheet. The project consists of a proposed seven story hotel with approx. 60 rooms. The project tentatively will have a small restaurant, kitchen facility, lobby, support office area. The project is anticipated to be under height requirements of a high rise building per NFPA 101 definition. The hydrant no. closest to property is #10 (Atlas sheet 311 B) The total needed fire flow is 750 GPM. A fire pump is required for the project. The preliminary fire pump rating is anticipated at approx. 750 GPM @ 105 PSI. Please contact our office if you have any questions regarding this project. Sincerely, GARTEK ENGINEERINGG'CORPORATION L � Rodo o Area Project Mechanical Engineer ORIQ'j mL R Eft FE3 04 2000 Ar C17Y Gr. �LFJ�����aTER Gartek Engineering Corporation 7210 S.W. 391h Terrace / Miami, Florida 33155 / (305) 266 -8997 / Fax (305) 264 -9496 / www.gartek- engineedng.com JAN-23 -2.08 01:50P FR0M:CLWTR FI 'VHTH 562 -44F_ Clearwater Fire & Rescue mW a� 1 Z�UU 610 Franklin Street - Clearwater, Florida 33756 ENT Public Works Administration- Engineering Department 100 S. Myrtle Avenue, Suits 200- Clearwater, Florida 33756 _ r _. RImFlow. ,et that ts more than S sterim or more n the Aatlro i k project that vAriom uive Prior Antoc DItC mesung for anY Pmt andlor Firs PumP before any P�ft for This worksheet N required to be submlttsd to -and ,pD� by satthat will require an Aulnnutle INrR Stsndpipa �m with Fonds Buitdlrlp Cods, Dhaptsrli 3W In hlsght &bow the iowset Fire Dept vehicle aOCesa point or for any DMus Pro! now building construction, building mgminalm or fire hydrants will be tsausd:by Ur. City of Clwwster. ,1311,r&8nrl and design moat 1`142 Fire Protection 'C�,mer Florida Fbs Prevsrdlon Code to tnoh�e•t�i1d 11116 KF and deenten,nw of FlrsRMYdrenti► 1L, 16. TO b1 and t1LZ MrMY H} surd A1MWA rr4'tT - Insta(IstJon, Prcjset Name: Project Address: Project Address: enn�ticri -5 S - i Z g Hydrants LCC,uon Of nearest Firs hydrant She of Ylhter Main supplong Fire Flow: tStatic: —7 i par Residual: Psi Distance a, test gauge, rsiat va tD the bees of the riser. Hydrant Test Conducted W. (Indudehedach copy at &caul fed shoet) _r__w.... n.,eAOtlon of He=ard Looped System or Deed-Ond V M? Punt "4& Pei Ftorr 0 . & CA Clem H6ftommt ft vmorst (Etsvation) I: .mtah addt8onsi sheets K reoutred. Dtisl ;Parameties Area s Ifyenrrl Type Area Jar) Den=Ib' (gpMift) Inside nose (gym} outside nose (gym) attach additionat sheets It required, �---�T GPM TOTAL NEEDED FIRE FLOW (N.F.F.): , '� � � i IS EXISTING SYSTEM SUPPLY SUFKCIEW TO MEET N.F.F. ABOVE? � NO YES Cedes and atanderdr NFPA Standard friar Edition and ,mach addttlonal sheets if required. lf,.pro)ect^ Includes • Fins Pump, supply the fotlowtng: ?ump Information: Pump Capacity. Rated Pressure: \ =J Pal Onslta Storage Tank Capcky(?): 0 Chum Promm: \'/ psi Preswra a 150%itow.. / L�+� 70 Pal G VIA !ri" I: .mtah addt8onsi sheets K reoutred. Dtisl ;Parameties Area s Ifyenrrl Type Area Jar) Den=Ib' (gpMift) Inside nose (gym} outside nose (gym) attach additionat sheets It required, �---�T GPM TOTAL NEEDED FIRE FLOW (N.F.F.): , '� � � i IS EXISTING SYSTEM SUPPLY SUFKCIEW TO MEET N.F.F. ABOVE? � NO YES Cedes and atanderdr NFPA Standard friar Edition and ,mach addttlonal sheets if required. lf,.pro)ect^ Includes • Fins Pump, supply the fotlowtng: ?ump Information: Pump Capacity. Rated Pressure: \ =J Pal Onslta Storage Tank Capcky(?): 0 Chum Promm: \'/ psi Preswra a 150%itow.. / L�+� 70 Pal 1 if i -c - c[iCl_; 01 :50P FROM: CLWTP FIR J�lT•d r ��� T0:'_ C52G' 9"96 IP. speDltl�raitfoeihNtcvt tP&W PAR=: srrPenY Name: dllnu Address: P.E. Seal Flat Ptevwmcrn "erne so be addressed Prior to DRC aPPm4t S povide Fin Flow CaMa kb= / Walsr SwdY by a FIRE PROTECTION ENGINEER to assure.- ads4u*" w" sup* avn C? W and ui sdfit* Vre k any The waver soppy moat be able 1n a0ppmt the nabs of arty required kre smmkts: upgrades era tequtred by ttra dsvelaper due b the trnPaa at this ptOJect 16D16 d fb mind capa�Y- Compken� with fM 2004 Ftprloa aWandpipe and/orOre Pump, k a tics pump la rnryhed the wautr sup* must bs able to XMW � ulmd. Fire pMVWMan Code to htdude NFPA 13, NFPA u, NFPA 24, NFPA 281, and NFPA 1142 (M[rnC H) faq k aha9 De a minimum d IS! from building and tna0 have a 11re hydrant within 40'. This hydrant shag not M ioaatad on same main 2- V*wn an FDC b raquMed, drant is in addition to the hydrant that is required tar flrgAghli W as Pile Sprinkler and must be On suPPiY uda of double dw'nor clack valve• This M Purposes that W to be within 300' of bukdbV as the hose taye and On the same aide at meat as the prO� w Provide and show On 0% Plan minimum 30' Wrrdng radius for amnpenOY vehicle Ingress. nd a egress 0"bWOOD and 4- provide and show On the aka PW 24 R width W dnvowaYs I drive siataa Tor amarpanc Y vehkb InP� and ear for width and tsar Parking tms. the drive w.y spat fry an band with ane t+! trafic esclr sift of tsW W provloa and show On site plan a minimum 20 tt width driva+veY on dolt aloe oT tree Isiond with NFPA -t. Firs Depubnent amass roadway must hwe 6 Provide fire dWarmord acoses roadway (wHh turn - around, Y, T or G uPPortjrV M� � re depalIment vehicles (WrOa ds) 244oat dearwidth and 144001 vardc;W clearance, and be capable Of wpportltt0 OR;SIN . RE J W 14 2000 PLANNIM Du,bpjMr. CITY OF C#6FA "''��' ° . 'Du ��7562'4961 PUBLIC ' UTILITIE- 2'..., 0 81.112 0 0 1 el: �: 0 • 142008 !I. DIMMEND' ClEARMATER FLOW TEST CITY OF CLEARWATER WATER DEPARTMENT ILOCATION G61'F L IDATE OF TEST ISTATIC: 71 PSI NUb IRESIDUAL PSI P LIT 0 T- PSI [FLOW ZQ6�2 GPM HYDRANT# GRID # IM=: COEFFF-/iT CUSTOMER REQUESTING TEST REI JUL PJANNIM C-17YOF 142008 !I. DIMMEND' ClEARMATER z M7, 120 (192.7) 110 1758.) 100 (669) 90 (C,2.1) as (552) 70 B3) (•14) 50 (345) 40 (276.) 30 (207.) 20 (138) 10 100 20D 300 4100 500 GOO 700 800 900 (37R.5) (757)(1 1361)(151 4) (1893) (2.271) (26513) (3028) Flow. 9 pm (L-1hin) (Mulliply this Gcalo by. _�-3 ........... . 6rp.w, Tq- (---rp wl 1000 (3765.) • E 0 0 C,P1t� °fl' '. ECE1 --U 1 14 2000 R lR t ' G �0' If),ARW EN BELLEVIEW BILTMORE CABANA CLUB SITE PLAN DRAINAGE CALCULATIONS JANUARY 2008 Prepared for: R.J. Heisenbottle Architects, P.A. 2199 Ponce de Leon Boulevard, Suite 400 Coral Gables, Florida 33134 Prepared by: Florida Design Consultants, Inc. 3030 Starkey Blvd. New Port Richey, Florida 34655 (727) 849 -7588 FDC Job No: 2007 -025A -10.01 ;pcm KABelleview Biltmore \Cabana Club\Reports \Site Plan - Drainage Calculations.doc • • BELLEVIEW BILTMORE CABANA CLUB SITE PLAN DRAINAGE CALCULATIONS TABLE OF CONTENTS I. NARRATIVE General Soil Survey Information Flood Zone Information Existing Conditions Proposed Conditions II. CALCULATIONS Treatment Volume AdICPR Model Side -Drain Filter Drawdown Analysis 14 PLANNkgG; �.Ye i V'r il;�ta.^r1�CVVrry�6�,, • • BELLEVIEW BILTMORE CABANA CLUB SITE PLAN DRAINAGE CALCULATIONS NARRATIVE General: The proposed Belleview Biltmore Cabana Club project is located on a 1.38 -acre site that lies within the jurisdiction of the City of Clearwater, Pinellas County, Florida (Section 19, Township 29 South, Range 15 East). The site is bounded by the Cabana Club condominium to the north, the Dan's Island on Sand Key condominium to the south, Gulf Boulevard to the east, and the Gulf of Mexico to the west. The proposed project consists of the removal of the existing onsite infrastructure, driveways and parking area, pool area, and restaurant. In it's place, the Developer proposes to construct a multi- story hotel facility with onsite restaurant. The required parking spaces will be provided on the ground floor level, with all other facilities located on the upper floors, above the FEMA Velocity Zone (Elevation 14'). Soil Survey Information: According to the SCS Soils Survey of Pinellas County, Florida, the soils types found onsite are Made Land (Ma) and Coastal Beaches (Co). Flood Zone Information: According to FEMA Flood Insurance Rate Map — Community Panel No. 12103C0I 04G, the project site lies within flood zones: VE (Elev. 16'), VE (Elev. 14'), VE (Elev. 13'), VE (Elev. 12'), and AE (Elev. 12'). All elevations are based on NAVD 88 datum. Existing Conditions: The existing Cabana Club site consists of a driveway and parking area to serve a restaurant facility, with an adjoining pool and pool deck area. There is no existing treatment pond or vault located onsite. There are two (2) existing grate inlets; however, on one of the inlets the grate has been covered with plywood. At the other inlet, the structure is completely filled with dirt. Therefore, there appears to be no stormwater treatment. r I I Proposed Conditions: The proposed Cabana Club project consists of the construction of a single building that will include a 38 -unit hotel facility, with a restaurant, and an above ground pool facility. These facilities will be located above the most conservative flood zone elevation (the most conservative flood zone for the proposed building footprint is VE (Elev. 14'). The ground floor will include the driveways and required parking areas. Stormwater treatment will be provided via underground treatment vault. The vault has been sized to treat the volume from the first 3/4" of runoff. (Typical 1/2" of runoff, plus 150% since discharging to an Outstanding Florida Water (OFW)). There is no attenuation required. The calculated treatment volume is provided in the vault between elevation 5.45' and 2.60'. The runoff is routed through a filterdrain system and discharges into the existing MOT stormwater system located within the Gulf Boulevard right -of -way. If any storm event creates a runoff volume greater than the provided treatment volume, the excess discharge leaves the system and the site via a proposed "bubbler" inlet located at the southwest corner of the project, east of the CCCL. JUL 14 ?U#8 Atr :pcm K:\Belleview Biltmore \Cabana Club\Reports \Site Plan - Drainage Calculations. doc: Project: Belleview Biltmore Cabana Club EPN: 263 File No.: 2007 -0025A Title: Treatment Volume Treatment Volume Project Area: 1.38 Acres Area East of the CCCL: 0.96 Acres Treatment Required.: 0.50 Inches Discharge to Outstanding Florida Water 150% Treatment Required.: 0.75 Inches Therefore, Volume Required: 2613.6 CF Underground Treatment Vault Vault Width: 19 Feet Top Treatment Elev. - USE: 5.45 Feet Bottom Elev.: 2.6 Feet Therefore, Depth: 2.85 Feet Length Required: 48.27 Feet Length Provided: 54.00 Feet * Extend to next full parking space width 4kv*k— M. 4 M8 C!TY OF ACA ! MFR • 25Yr / 24Hr Storm Event Report: Input Report Print: 2/1/2008 10:45:36 AM • ----------- -------------- ===========_==== -------- ------------------------------------------- ___= Basins ============ = = = = =� Name: Beach Club Group: BASE Unit Hydrograph: Uh256 Rainfall File: Flmod Rainfall Amount(in): 9.000 Area(ac): 0.960 Curve Number: 98.00 DCIA( %): 0.00 Beach Club: Post - Development Conditions Node: Vault Status: Onsite Type: SCS Unit Hydrograph Peaking Factor: 256.0 Storm Duration(hrs): 24.00 Time of Conc(min): 15.00 Time Shift(hrs): 0.00 Max Allowable Q(cfs): 999999.000 -========---------------------=---------------- ----------------- ___= Nodes _ ______ ___________ - ___________ - - - -- Name: Gulf Base Flow(cfs): 0.000 Init Stage(ft): 2.500 Group: BASE Warn Stage(ft): 2.500 Type: Time /Stage Boundary Condition: Gulf of Mexico Time(hrs) Stage(ft) --------- - - - - -- --------------- 0.00 2.500 24.00 2.500 ------------------------------------------------------------------------------------------ Name: Vault Base Flow(cfs): 0.000 Init Stage(ft): 2.600 Group: BASE Warn Stage(ft): 5.450 Type: Stage /Area Proposed stormwater vault for the Beach Club Stage(ft) Area(ac) --------- - - - - -- --------- - - - - -- 2.600 0.0236 5.450 0.0236 ------------------------------------------------------- Drop Structures = ________- - Name: Vault Discharge Group: BASE UPSTREAM Geometry: Circular Span(in): 18.00 Rise(in): 18.00 Invert(ft): 2.700 Manning's N: 0.012000 Top Clip(in): 0.000 Bot Clip(in): 0.000 From Node: Vault To Node: Gulf DOWNSTREAM Circular 18.00 18.00 3.500 0:012000 0.000 0.000 Upstream FHWA Inlet Edge Description: Circular Concrete: Square edge w/ headwall Length(ft): 272.00 Count: 1 Friction Equation: Average Conveyance Solution Algorithm: Automatic Flow: Both Entrance Loss Coef: 1.000 Exit Loss Coef: 0.500 Outlet Ctrl Spec: Use do or tw Inlet Ctrl Spec: Use do Solution Incs: 10 Downstream FHWA Inlet Edge Description: GKI���M/fL Circular Concrete: Square edge w/ headwalls J4�4 u �u08 Belleview Biltmore Cabana Club EPN: 263 Job No.: 2007 -0025A PIAP,.ltaJ � ` �� �r File: K:\ 263\ PROJDATA \DRNDATA \ -YR \PROPOSED \BEACH CLUB.ICP _ - Interconnected Channel and Pond Routing Model (ICPR) 02002 Streamline Technologies, Inc. 1 of 2 25Yr / 24Hr Storm Event Report: Input Report Print: 2/1/2008 10:45:36 AM "Bubbler" Outfall Control Structure from the proposed stormwater vault * ** Weir 1 of 1 for Drop Structure Vault Discharge-*** Count: 1 Type: Vertical: Mavis Flow: Both Geometry: Rectangular Span(in): 60.00 Rise(in): 9999.00 Bottom Clip(in): 0.000 Top Clip(in): 0.000 Weir Disc Coef: 3.200 Orifice Disc Coef: 0.600 Invert(ft): 5.450 Control Elev(ft): 5.450 Mel lNJ ti ----------------------------------------- ---------------------- -------- Hydrology Simulations Name: 25year Filename: K:\ 263 \ProjData \DrnData \ -Yr \Proposed \25year.R32 Override Defaults: Yes Storm Duration(hrs): 24.00 Rainfall File: Flmod Rainfall Amount(in): 9.00 Time(hrs) Print Inc(min) --------- - - - - -- --------------- 24.000 15.00 --------------------------------------------- ------------------- Routing Simulations Name: 25year Hydrology Sim: 25year Filename: K:\ 263 \ProjData \DrnData \ -Yr \Proposed \25year.I32 Execute: Yes Restart: No Alternative: No Max Delta Z(ft): 1.00 Time Step Optimizer: 10.000 Start Time(hrs): 0.000 Min Calc Time(sec): 0.5000 Boundary Stages: Time(hrs) Print Inc(min) --------- - - - - -- --------------- 24.000 15.000 Group Run --------- - - - - -- - - - -- BASE Yes Patch: No Delta Z Factor: 0.00500 End Time(hrs): 24.00 Max Calc Time(sec): 60.0000 Boundary Flows: ---------------------------------------- --------------------------- Boundary Conditions rte+ jLIL. t 4 iu00 PLANKNG� DEPA' MENT Belleview Biltmore Cabana Club EPN: 263 Job No.: 2007 -0025A File: K:\ 263 \PROJDATA \DRNDATA \ -YR \PROPOSED \BEACH CLUB.ICP Interconnected Channel and Pond Routing Model (ICPR) 02002 Streamline Technologies; Inc. Page 2 of 2 25Yr / 24Hr Storm Event Report: Node Min / Max Print: 2/1/2008 10:46:11 AM Max Time Max Warning Max Delta Max Surf Max Time Max Max Time Max Name Group Simulation Stage Stage Stage Stage Area Inflow Inflow Outflow Outflow hrs ft ft ft ft2 hrs CfS hrs Cfs Gulf BASE 25year 0.00 2.500 2.500 0.0000 0 12.04 4.078 0.00 0.000 Vault BASE 25year 12.04 5.852 5.450 0.0050 1028 12.00 4.123 12.04 4.078 fiG s� (4 a �" Belleview Biltmore Cabana Club EPN: 263 Job No.: 2007 -0025A File: K:\ 263 \PROJDATA \DRNDATA \ -YR \PROPOSED \BEACH CLUB.ICP Interconnected Channel and Pond Routing Model (ICPR) 020 02 Streamline Technologies, Inc. Page 1 of 1 DETENTION PONDS "100" SIDE -DRAIN FILTER DRAWDOWN ANALYSIS E h "h V ^V Lmin Lmax Lavg HYD. AREA FLOW AVG. 7 ET NGVD TOTAL INCR. TOTAL . INCR. GRAD. FILTER Q =KIA FLOW INCR. TOTAL 5.45 - 3.85 XXXXXXXX 2,622 XXXXXXXX 2.00 2.00 2.00 1.9250 82.0 855.5 XXXXXXXX XXXXXXXX 0.0 XXXXXXXX XXXXXXXX 0.28 XXXXXXXX 262 XXXXXXXX XXXXXXXX XXXXXXXX XXXXXXXX XXXXXXXX XXXXXXXX 796.3 0.3 XXXXXXXX 5.17 3.57 XXXXXXXX 2,360 XXXXXXXX 2.00 2.00 2.00 1.7825 76.3 737.1 XXXXXXXX XXXXXXXX 0.3 )O(XXX CXX X)UUUUUO( 0.29 XXXXXXXX 262 XXXXXXXX XXXXXXXX XXXXXXXX XXXXXXXX XXXXXXXX XXXXXXXX 682.3 0.4 XXXXXX" :1.4.88 3.28 XXXXXXXX 2,098 XXXXXXXX 2.00 2.00 2.00 1,6400 70.6 627.5 XXXXXXXX XXXXXXXX 0.7 XXXXXXXX XXXXXXXX 0.29 XXXXXXXX 262 XXXXXXXX XXXXXXXX XXXXXXXX XXXXXXXX XXXXXXXX XXXXXXXX 577.2 0.5 XXXXXXXX . 4.60 3.00 XXXXXXXX 1,835 XXXXXXXX 2.00 2.00 2.00 1.4975 64.9 526.8 XXXXXXXX XXXXXXXX 1.2 XXXXXXXX XXXXXXXX 0.29 XXXXXXXX 262 XXXXXXXX XXXXXXXX XXXXXXXX XXXXXXXX XXXXXXXX XXXXXXXX 480.8 0.5 XXXXXXXX 4.31 2.71 XXX)O(XXX 1,573 XXXXXX)U( 2.00 2.00 2.00 1.3550 59.2 434.8 XXXXXXXX XXXXXXXX 1.7 XXXXXXXX XXXXXXXX 0.29 XXXXXXXX 262 XXXXXXXX XXXXXXXX XXXXXXXX XXXXXXXX XXXXXXXX XXXXXXXX 393.2 0.7. XXXXXXXX 4.03 2.43 XXXXXXXX 1,311 XXXXXXXX 2.00 2.00 2.00 1.2125 53.5 351.6 XXXXXXXX XXXXXXXX 2.4 XXXXXXXX XXXXXXXX 0.29 XXX)0000( 262 XXXXXXXX XXXXXXXX XXXXXXXX XXXXXXXX XXXXXXXX XXXXXXXX 314.4 0.8 XXXXXXXX 3.74 2.14 XXXXXXXX . 1,049 XXXXXXXX 2.00 2.00 2.00 1.0700 47,8 277.2 XXXXXXXX XXXXXXXX 3.2 XXXXXXXX XXXXXXXX 0.29 XXXXXXXX 262 XXXXXXXX XXXXXXXX XXXXXXXX XXXXXXXX XXXXXXXX XXXXXXXX 244.4 1.1 XXXXXXXX 3.46 1.86 XXXXXXXX 787 XXXXXXXX 2.00 2.00 2.00 0.9275 42.1 211.6 XXXXXXXX XXXXXXXX 4.3 XXX)UO(XX xOWUCXX 0.29 XXXXXXXX 262 XXX)ODUO(XXXXXXXX XXXXXXXX XXXXXXXX XXXXX)UO( XXXXXXXX 183.3 1.4 ' XXXXXXX C 3.17 1 1.57 XXX)((XXX 524 XXXXXXXX 2.00 2.00 2.00 0.7850 36.4 154.9 XXXXXXXX XXX)O(XXX 5.7 XXXXXXXX XXXXXXXX 0.29 XXXXXXXX 262 XXXXXXXX XXXXXXXX XXXXXXXX XXXXXXXX XXXXXXXX XXXXXXXX 130.9 2.0 XXXXXXXX 2.89 1.29 XXXXXXXX 262 XXXXXXXX 2.00 2.00 2.00 0.6425 30.7 106.9 XXXXXXXX XXXXXXXX 7.7 X)UO(XXXX XXXXX)OU( 0.29 XXXXXXXX 262 XXXXXXXX XXXXXXXX XXXXXXXX XXXXXXXX XXXXXXXX XXXXXXXX 873 3.0 XXXXXXXX 2.60 1.00 XXX)OOOU( 0 XXX)OODU( 2.00 2.00 2.00 0.5000 25.0 67.8 XXXXXXXX XXXXXXXX 10.7 5.45 DLW (TOP OF TREATMENT VOLUME) 2.6 NWL (BOTTOM OF TREATMENT VOLUME) 1.6 ELEVATION OF CENTERLINE OF PIPE 920 AREA @ DLW (s.f.) 920 AREA @ NWL(s.f.) 2 L min 2 L max 5.42 "K" (f. /hr.) INMIaW30 ON11VWe'! 20 REQUIRED UNDERDRAIN LENGTH 10.7 TIME FOR SYSTEM TO DRAW DOWN (24 HOURS, CITY OF CLEARWATER STD.) • r I #: 2007219528 BK: 15866 �: 882, 06/29/2007 $78.00 D DOC STAMP COL ON $212100.00 KE COUNTY, FL.BY DEPUTY CLERK: CLKDMBI DEED THIS INSTRUMENT PREPARED BY: Joshua F. Laff, Esquire Blank Rome LLP 1 Logan Square Philadelphia, PA 19103 AND UPON RECORDING RETURN TO: Record & Return to: LandAmerica — Cecile Emminger 8928 Brittany Way Tampa, FL 33619 File # —4 aS� Property Appraiser's Parcel T.D. No.: at 03:53 CORDING 9.PAGES N BURKE, CLE OF COURT PINELLAS SPECIAL WARRANTY DEED GR;%111,�1JLLI RECffl 7u. I 14 9008 PLANNIN•° � r'WT1/llrNT CITY Cr C_11[{r c11VJN R THIS Special Warranty Deed between Belleview Biltmore Resort, Ltd., (hereinafter referred to as "Grantor" for and in consideration of the sum of Ten and No /100 Dollars ($10.00) and other. good and valuable consideration to it in hand paid by Belleview Biltmore Owner, LLC, a Delaware limited liability company (hereinafter referred to as "Grantee'), whose mailing address is: 10880 Wilshire Boulevard, Suite 1750, Los Angeles, CA 90024, the receipt and sufficiency of which consideration are hereby acknowledged, and upon and subject to the exceptions, liens, encumbrances, terms and provisions hereinafter set forth and described, has GRANTED, BARGAINED, SOLD and CONVEYED, and by these presents does hereby GRANT, BARGAIN, SELL and CONVEY, unto Grantee all of the real property situated in Pinellas County, Florida, described on Exhibit A attached hereto and made a part hereof (the "Property "). * uSHnSE Psi K£ Sup 3vG�PLVHCJnI HEFT /N �. PA +9v (,IJL This conveyance is made subject and subordinate to all easements, covenants, reservations, and . restrictions of record and to all matters which an accurate survey of the Property would disclose (collectively, the "Permitted Exceptions "). Notwithstanding the foregoing, nothing herein shall serve to reimpose any of such Permitted Exceptions for purposes of the Marketable Record Title Act. TO HAVE AND TO HOLD the Property, subject to the Permitted Exceptions, as aforesaid, unto Grantee, its successors and assigns, forever; and Grantor does hereby covenant with Grantee that, except for the Permitted Exceptions, Grantor will warrant and defend all and singular the Property unto Grantee,. its successors and assigns, against the lawful claims and demands of all persons claiming by, through or under Grantor, but not otherwise. By acceptance of this Special Warranty Deed, Grantee acknowledges and agrees that any 094054.00484/11639451 v-4 PINELLAS COUNTY FL OFF. •. BK 15866 PG 883 • and all liability hereunder of Grantor, its agents, representatives or employees, including the Special Warranty of title herein' contained, shall be limited to and satisfied solely from the Grantor's proceeds from the Property. By acceptance of this Special Warranty Deed, Grantee assumes payment of all real property taxes on the Property for the year 2007 and subsequent years. 07 MMIM IUL Z� (Signatures Appear on the Following Page) 094054.00484/11639451 v.4 PINELLAS COUNTY FL OFF. I. BK 15866 PG 884 • IN WITNEnS WHEREOF, this Special Warranty Deed has been executed by Grantor to be effective as of 2-0 , 2007. Signed, sealed and delivered in the presence of the following witnesses: Typed / Printed Name: .Toss a.% A-r� Typed / Printed Name: -RA/h. Atlelfo%-Al (Deed Signature Pagel 094054.00484/11639451 v.4 GRANTOR: BELLEVIEW BILTMORE RESORT, LTD., a Florida limited partnership By: BH & RMC, LLC, a Florida limited liability pany, General Partner By: Mine: Vincent Sanfilippo Title: Manager MW1W JUL 14 2090 P NING OFMRWENT PZNELLAS COUNTY FL OFF. 0. BK 15866 PG 885 . THE COMMONWEALTH OF PENNSYLVANIA § COUNTY OF PHILADELPHIA § This instrument was acknowledged before me on June 18, 2007, by Vincent Sanfilippo the Vice President of BH & RMC, LLC, a Florida limited liability company, the general partner of Belleview Biltmore Resort, Ltd., a Florida limited partnership. Personally known: V OR Produced identification: Type of identification produced:_ 094054.00484/11639451 v.4 / / X //� � 6 �* Notary ublic in and for the Commonwealth of Pennsylvania Printed /typed Name of Notary My Commission Expires: kk 26110 COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL SHELDON END ER, Notary Public City of Philadelphia, PWa. County My Commission Ex fires Ma 26, 2010 JUL a PINELIAS COUNTY FL OFF. 0 BK 15866 PG 886 0 Exhibit A 094054.00484/11639451 v.4 JUL 14 2W PLANNING DWARTMENT I f .. PINELLAS COUNTY FL OFF. I* BK 15866 PG 887 . 1- d ZL O PLANNING DEPARTMENT t-ti r Vr PARCEL I - HOTEL PROPERTY: BEGIN AT THE NORTHEASTERLY CORNER OF TRACT C OF A REPLAT OF A PART OF TOWN OF BELLEAIR, AS RECORDED IN PLAT BOOK 19, PAGES 87 TO 90, INCLUSIVE, OF THE PINELLAS COUNTY RECORDS AND RUN THENCE SOUTH 38 DEG. 06'30" WEST, 309.11 FEET; THENCE ALONG THE CENTER LINE OF PAVEMENT AND A CURVE TO THE RIGHT, HAVING A RADIUS OF 94.30 FEET, WHOSE CHORD BEARS SOUTH 77 DEG. 43'10" WEST, 66.20 FEET; THENCE ALONG THE CENTER LINE OF PAVEMENT AND A CURVE TO THE RIGHT HAVING A RADIUS OF 318.61 FEET WHOSE CHORD BEARS NORTH 80 DEG. 10'16" WEST, 61.62 FEET TO THE POINT OF BEGINNING; THENCE ALONG THE CENTER LINE OF PAVEMENT AND A CURVE TO THE RIGHT HAVING A RADIUS OF 318.61 FEET, WHOSE CHORD BEARS NORTH 62 DEG. 53'58" WEST, 103.12 FEET; THENCE ALONG THE CENTER LINE OF PAVEMENT AND A CURVE TO THE LEFT HAVING A RADIUS OF 531.11 FEET, WHOSE CHORD BEARS NORTH 54 DEG. 29'00' WEST, 120.00 FEET, THENCE ALONG THE CENTER LINE OF PAVEMENT AND A CURVE TO THE RIGHT, HAVING A RADIUS OF 1000.00 FEET, WHOSE CHORD BEARS NORTH 58 DEG. 34'35" WEST, 82.00 FEET; THENCE ALONG THE CENTER LINE OF PAVEMENT NORTH 53 DEG. 41'25" WEST, 126.00 FEET; THENCE ALONG THE CENTER LINE OF PAVEMENT AND A CURVE TO THE LEFT, HAVING A RADIUS OF 1634.74 FEET, WHOSE CHORD BEARS NORTH 59 DEG. 03'15' WEST, 230.00 FEET; THENCE ALONG THE CENTER LINE OF PAVEMENT NORTH 61 DEG. 03'05" WEST, 200.00 FEET; THENCE ALONG THE CENTER LINE OF PAVEMENT NORTH 62 DEG. 33'48" WEST, 160.00 FEET; THENCE ALONG THE CENTER LINE OF PAVEMENT AND ALONG A CURVE TO THE LEFT, HAVING A RADIUS OF 135.77 FEET, WHOSE CHORD BEARS NORTH 72 DEG. 12'59' WEST, 16.26 FEET; THENCE SOUTH 00 DEG. 18'03" EAST, 211.09 FEET; THENCE NORTH 77 DEG. 45`18" WEST, 201.60 FEET; THENCE ALONG THE CENTER LINE OF PAVEMENT AND A CURVE TO THE RIGHT, HAVING A RADIUS OF 147.23 FEET, WHOSE CHORD BEARS SOUTH 62 DEG. 48'38" WEST, 69.04 FEET; THENCE ALONG THE CENTER LINE OF PAVEMENT SOUTH 81 DEG. 44'48" WEST, 50.00 FEET; THENCE ALONG THE CENTER LINE OF PARKWAY AND A CURVE TO THE LEFT, HAVING A RADIUS OF 381.21 FEET, WHOSE CHORD BEARS SOUTH 64 DEG. 01'27" WEST, 200.00 FEET; THENCE NORTH 78 DEG. 27'26" WEST, 111.94 FEET; THENCE NORTH B -1 DEG. 00'40" WEST, 168.88 FEET; THENCE SOUTH 08 DEG. 52'25" WEST, 285.06 FEET; THENCE ALONG THE CENTER LINE OF PAVEMENT SOUTH 80 DEG. 57'13' EAST, 210 -27 FEET; THENCE ALONG THE CENTER LINE OF PARKWAY AND A CURVE TO THE LEFT, HAVING A RADIUS OF 630.28 FEET, WHOSE CHORD BEARS SOUTH 07 DEG. 26'10" EAST, 280.47 FEET; THENCE ALONG THE CENTER LINE OF PAVEMENT AND A CURVE TO THE LEFT, HAVING A RADIUS OF 2370.72 FEET, WHOSE CHORD BEARS SOUTH 39 DEG, 23'31" EAST, 222.00 FEET; THENCE ALONG CENTER LINE OF PAVEMENT AND CURVE TO THE LEFT HAVING A RADIUS OF 66.65 FEET, WHOSE CHORD BEARS SOUTH 67 DEG. 25'41" EAST, 64.58 FEET, THENCE ALONG THE CENTER LINE OF PAVEMENT AND A CURVE TO THE LEFT, HAVING A RADIUS OF 100.18 FEET, WHOSE CHORD BEARS NORTH 51 DEG. 03'52" EAST, 64.59 FEET; THENCE ALONG CENTER LINE OF PAVEMENT AND A CURVE TO THE RIGHT RAVING A RADIUS OP 309.50 FEET, WHOSE CHORD BEARS NORTH 51. DEG. 38'30" EAST, 200.00 FEET; THENCE ALONG CENTER LINE OF PAVEMENT AND A CURVE TO THE LEFT, HAVING A RADIUS OF 369.22 FEET, WHOSE CHORD BEARS NORTH 55 DEG. 16'38" EAST, 200.00 FEET; THENCE ALONG CENTER LINE OF PAVEMENT AND A CURVE TO THE LEFT, HAVING A RADIUS or 348.90 FEET, WHOSE CHORD BEARS NORTH 24 DEG. 22'08" EAST, 175.00 FEET; THENCE ALONG CENTER LINE OF PAVEMENT AND A CURVE TO THE RIGHT, HAVING A RADIUS OF 49.85 FEET, WHOSE CHORD BEARS NORTH 50 DEG. 17'16" EAST, 84.00 FEET; THENCE ALONG CENTER LINE OF PAVEMENT SOUTH 89 DEG. 18'06" EAST, 119.40 FEET; THENCE ALONG CENTER LINE OF PAVEMENT SOUTH 00 DEG. 21'47' WEST, 116.89 FEET; THENCE NORTH 89 DEG. 45'12" EAST, 162.56 FEET; THENCE SOUTH 00 DEG. 01'23" EAST, 70.95 FEET; THENCE NORTH 89 DEG. 48'47 ". EAST, 326.75 FEET; THENCE NORTH 84 DEG. 27'25" EAST, 135.00 FEET; THENCE NORTH 00 DEG. 48'40" EAST, 190.02 FEET TO THE POINT OF BEGINNING. TOGETHER WITH the rights of ingress and egress in that certain Mutual Grant of Easement recorded in Official Records Book 4540, Page 2170 and re- recorded in Official Records Book 4548, Page 68, Pinellas County Records. TOGETHER WITH the rights of Ingress and egress in the certain Access Road Easement recorded in Official Records Book 5161, Page 2002, Pinellas County Records. TOGETHER WITH the rights of drainage in that certain Drainage Easement Agreement recorded in Official Records Book 5161, Page 2010, and re- recorded in Official Records Book 5584, Page 1043, Pinellas County Records, and modified in Official Records Book 8431, Page 1141. PINELLAS COUNTY FL OFF. }. BK 15866 PG 888 • ©RIB NAL. JUL 14 2000 PLANNING DEPARTMENT '"II i Vt" v��yr(rrh�L.i PARCEL II - WATER TOWER PROPERTY: AN UNDIVIDED 1/2 INTEREST IN THE FOLLOWING DESCRIBED LAND: A PARCEL OF LAND LYING IN SECTION 21, TOWNSHIP 29 SOUTH, RANGE 15 EAST, PINELLAS COUNTY, FLORIDA, ALSO BEING A PORTION OF LAND IN THE MAP OF BELLEAIR AS RECORDED IN PLAT BOOK 1, PAGE 105, PUBLIC RECORDS OF HILLSBOROUGH COUNTY, FLORIDA, OF WHICH PINELLAS COUNTY WAS FORMERLY A PART, DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE CENTERLINES OF SECOND AVENUE (HAMLET AVENUE), A 50 FOOT RIGHT OF WAY AND "D" STREET FOR A POINT OF REFERENCE; THENCE EAST 318.00 FEET TO THE POINT OF BEGINNING; THENCE NORTH 40.00 FEET; THENCE EAST, 50.00 FEET; THENCE SOUTH, 60.00 FEET; THENCE WEST 50.00 FEET; THENCE NORTH 20.00 FEET TO THE POINT OF BEGINNING. PARCEL III - EASEMENTS: A. TOGETHER WITH EASEMENTS CONTAINED IN THAT CERTAIN CONTRACT DATED MARCH 13, 1981 ENTERED INTO BY BERNARD F. POWELL, ROGER L. STEVENS, N.M. PEABODY INVESTMENT CO., AND UNITED STATES STEEL CORPORATION, RECORDED IN OFFICIAL RECORDS BOOK 5161, PAGE 1968, PINELLAS COUNTY RECORDS. B. TOGETHER WITH EASEMENT DESCRIBED IN THE WATER MAIN EASEMENT AGREEMENT, DATED MARCH 13, 1981 BETWEEN UNITED STATES STEEL CORPORATION, AS GRANTOR, AND BERNARD F. POWELL, ROGER L. STEVENS, AND N.M. PEABODY INVESTMENT CO., COLLECTIVELY AS GRANTEE, AS RECORDED IN OFFICIAL RECORDS BOOK 5161, PAGE 2015, PINELLAS COUNTY, RECORDS. C. TOGETHER WITH EASEMENT(S) DESCRIBED IN THE DRAINAGE EASEMENT AGREEMENT DATED MARCH 13, 1981 BETWEEN UNITED STATES STEEL CORPORATION, AS GRANTOR, AND BERNARD F. POWELL, ROGER L. STEVENS AND N.M. PEABODY INVESTMENT CO., COLLECTIVELY AS GRANTEE, AS RECORDED IN OFFICIAL RECORDS BOOK 5161, PAGE 2010, AND RE- RECORDED IN OFFICIAL RECORDS BOOK 5584, PAGE 1043, AND AS MODIFIED BY INSTRUMENT RECORDED IN OFFICIAL RECORDS BOOK 8431, PAGE 1141, PINELLAS COUNTY RECORDS. D. MUTUAL GRANT OF EASEMENT BETWEEN BERNARD F. POWELL, ROGER L. STEVENS, N.M. PEABODY INVESTMENT COMPANY, HOTEL BELLEVIEW BILTMORE OPERATING COMPANY, UNITED STATES STEEL CORPORATION, BELLEVIEW BILTMORE COUNTRY CLUB CORPORATION, BELLEVIEW BILTMORE VILLAS - BAYSHORE I ASSOCIATION, AND BELLEVIEW BILTMORE VILLAS - BAYSHORE II ASSOCIATION, DATED APRIL 29, 1977, RECORDED MAY 16, 1977 IN OFFICIAL RECORDS BOOK 4540, PAGE 2170, AND RE- RECORDED IN OFFICIAL RECORDS BOOK 4548, PAGE 68, PINELLAS COUNTY RECORDS. E. ACCESS ROAD EASEMENT BETWEEN ROGER L STEVENS, BERNARD F. POWELL, N.M. PEABODY INVESTMENT COMPANY, BELLEVIEW BILTMORE, AND U.S. STEEL CORPORATION, DATED MARCH 11, 1981 RECORDED MARCH 16, 1981 IN OFFICIAL RECORDS BOOK 5161, PAGE 2002, PINELLAS COUNTY RECORDS. F. EASEMENT AGREEMENT BETWEEN BELLEVIEW ISLAND DEVELOPMENT CORP., A FLORIDA CORPORATION, AND BELLEVIEW BILTMORE HOTEL ASSOCIATES, LTD., RECORDED MAY 21, 1987, IN OFFICIAL RECORDS BOOK 6529, PAGE 2346, PINELLAS COUNTY RECORDS. G. EASEMENT FOR INGRESS AND EGRESS OVER THAT CERTAIN EASEMENT SET FORTH IN EXHIBIT B OF DEEDS RECORDED IN OFFICIAL RECORDS BOOK 4867, PAGES 1263, 1265 AND 1267 AS FURTHER DESCRIBED AS A 7.00 FOOT WIDE NON - EXCLUSIVE PERPETUAL EASEMENT FOR SIDEWALK AND INGRESS AND EGRESS IN THE PLAT OF THE HARBOUR, A CONDOMINIUM AS RECORDED IN PLAT BOOK 39, PAGE 56, AND IN THE DECLARATION OF SAID CONDOMINIUM RECORDED IN OFFICIAL RECORDS BOOK 4975, PAGE 802, PINELLAS COUNTY RECORDS. H. TOGETHER WITH EASEMENT FOR INGRESS AND EGRESS AS DESCRIBED IN THAT CERTAIN CORRECTIVE WARRANTY DEED RECORDED IN OFFICIAL RECORDS BOOK 5785, PAGE 1279, ON JUNE 19, 1984, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA. PINELLAS COUNTY FL OFF. BK 15866 PG 889 ORK3lNA� 4 2008 • ' , • PLANNING DRARTMEN', PARCEL IV - PELICAN GOLF COURSE PROPERTY: ALL OF PELICAN GOLF COURSE, ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK 53, PAGES 45 AND 46, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, EXCEPT THE PORTIONS THEREOF DESCRIBED AS FOLLOWS: EXCEPTION 1: THAT PART OF THE PELICAN GOLF COURSE, AS RECORDED IN PLAT BOOK 53, PAGES 45 AND 46, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: BEGIN AT THE NORTHEAST CORNER OF ALTHEA ROAD AND GOLF VIEW DRIVE, AS SHOWN ON SAID PLAT OF PELICAN GOLF COURSE, RUN THENCE SOUTH 25 DEG. 17'43" WEST, ALONG THE EASTERLY RIGHT OF WAY LINE OF GOLF VIEW DRIVE, 530.0 FEET FOR A POINT OF BEGINNING; THENCE SOUTH 64 DEG. 42'17" EAST, 80.0 FEET; THENCE SOUTH 04 DEG. 44'21" WEST, 128.16 FEET; THENCE NORTH 64 DEG. 42'17" WEST, 125.0 FEET; THENCE NORTH 25 DEG. 17'43" EAST, ALONG THE EASTERLY RIGHT OF WAY LINE OF GOLF VIEW DRIVE, 120.0 FEET TO THE POINT OF BEGINNING. EXCEPTION 2: THAT PART OF THE PELICAN GOLF COURSE, AS RECORDED IN PLAT BOOK 53, PAGES 45 AND 46, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA DESCRIBED AS FOLLOWS: BEGIN AT THE NORTHEAST CORNER OF ALTHEA ROAD AND GOLF VIEW DRIVE, AS SHOWN ON SAID PLAT OF PELICAN GOLF COURSE, RUN THENCE SOUTH 25 DEG. 17'43" WEST, ALONG THE EASTERLY RIGHT OF WAY LINE OF GOLF VIEW DRIVE, 410.0 FEET FOR A POINT OF BEGINNING; THENCE SOUTH 64 DEG. 42'17" EAST, 125.0 FEET; THENCE SOUTH 45 DEG. 51'05' WEST, 128.16 FEET; THENCE NORTH 64 DEG. 42'17" WEST, 80.0 FEET; THENCE NORTH 25 DEG. 17'43" EAST, ALONG THE EASTERLY RIGHT OF WAY LINE OF GOLF VIEW DRIVE 120.0 FEET TO THE POINT OF BEGINNING. EXCEPTION 3: THAT PART OF THE PELICAN GOLF COURSE, AS RECORDED IN PLAT BOOK 53, PAGES 45 AND 46, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: BEGIN AT THE NORTHEAST CORNER OF ALTHEA ROAD AND GOLF VIEW DRIVE, AS SHOWN ON SAID PLAT OF PELICAN GOLF COURSE, RUN THENCE SOUTH 25 DEG. 17'43" WEST, ALONG THE EASTERLY RIGHT OF WAY LINE OF GOLF VIEW DRIVE, 310.0 FEET FOR A POINT OF BEGINNING; THENCE SOUTH 64 DEG. 42'17" EAST, 125.0 FEET; THENCE SOUTH 25 DEG. 17'43" WEST, 100.0 FEET; THENCE NORTH 64 DEG. 42'17" WEST, 125.0 FEET; THENCE NORTH 25 DEG. 17'43" EAST, ALONG THE EASTERLY RIGHT OF WAY LINE OF GOLF VIEW DRIVE, 100.0 FEET TO THE POINT OF BEGINNING. TOGETHER WITH THOSE CERTAIN RIGHTS, DUTIES AND OBLIGATIONS SET FORTH IN MEMORANDUM OF AGREEMENT BETWEEN POSTEPE COMPANY AND TOWNE OF BELLEAIR RECORDED IN OFFICIAL RECORDS BOOK 6536, PAGE 1095, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA. PARCEL V - SUNSET COTTAGE PROPERTY: BEGIN AT THE NORTHEASTERLY CORNER OF TRACT "C" OF A REPLAT OF A PART OF TOWN OF BELLEAIR AS RECORDED IN PLAT BOOK 19, PAGES 87 TO 90, INCLUSIVE, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, AND RUN THENCE NORTH 281.03 FEET; THENCE WEST 1206.90 FEET TO A POINT ON THE CENTER LINE OF THE PAVEMENT FOR THE POINT OF BEGINNING, THENCE ALONG CENTER LINE OF PAVEMENT AND A CURVE TO THE LEFT WHOSE CHORD BEARS NORTH 82 DEG. 47'25" WEST, 73.07 FEET; THENCE ALONG CENTER LINE OF PAVEMENT AND. A CURVE TO THE LEFT WHOSE CHORD BEARS SOUTH 46 DEG. 51'35" WEST, 89.12 FEET; THENCE ALONG CENTER LINE OF PAVEMENT AND A CURVE TO THE RIGHT WHOSE CHORD BEARS SOUTH 21 DEG. 14'15" WEST, 100.0 FEET; THENCE ALONG CENTER LINE OF PAVEMENT AND A CURVE TO THE RIGHT WHOSE CHORD BEARS SOUTH 43 DEG. 30'54" WEST, 32.2 FEET; THENCE SOUTH 77 DEG. 45'18" EAST, 201.60 FEET; THENCE NORTH 00 DEG. 18'03" WEST, 211.09 FEET TO THE POINT OF BEGINNING. TOGETHER WITH EASEMENT RIGHTS CONTAINED IN THAT CERTAIN CONTRACT DATED MARCH 13, 1981 ENTERED INTO THE BERNARD F. POWELL, ROGER L STEVENS, N.M. PEABODY INVESTMENT CO., AND UNITED STATES STEEL CORPORATION, RECORDED IN OFFICIAL RECORDS BOOK 5161, PAGE 1968, PINELLAS COUNTY RECORDS, TOGETHER WITH RIGHTS IN THE WATER MAIN EASEMENT AGREEMENT DATED MARCH 13, 1981 BETWEEN UNITED STATES STEEL CORPORATION, AS GRANTOR AND BERNARD F. POWELL, ROGER L. PINELLAS COUNTY FL OFF. 19 BK 15866 PG 890 i STEVENS AND N.M. PEABODY INVESTMENTS CO., COLLECTIVELY AS GRANTEE, AS RECORDED IN OFFICIAL RECORDS BOOK 5161, PAGE, 2015, PINELLAS COUNTY RECORDS. TOGETHER WITH RIGHTS IN THE DRAINAGE EASEMENT AGREEMENT DATED MARCH 13, 1981 BETWEEN UNITED STATES STEEL CORPORATION, AS GRANTOR AND BERNARD F. POWELL, ROGER L. STEVENS, AND N.M. PEABODY INVESTMENT CO., COLLECTIVELY AS GRANTEE, AS RECORDED IN OFFICIAL RECORDS BOOK 5161, PAGE 2010 AND RE- RECORDED IN OFFICIAL RECORDS BOOK 5584, PAGE 1043, PINELLAS COUNTY RECORDS.. TOGETHER WITH MUTUAL GRANT OF EASEMENT BETWEEN BERNARD F. POWELL, ROGER L. STEVENS, N.M. PEABODY INVESTMENT COMPANY, HOTEL BELLEVIEW BILTMORE OPERATING COMPANY, UNITED STATES STEEL CORPORATION, BELLEVIEW BILTMORE COUNTRY CLUB CORPORATIONS, BELLEVIEW BILTMORE VILLAS- BAYSHORE I ASSOCIATION AND BELLEVIEW BILTMORE VILLAS- BAYSHORE 11 ASSOCIATION DATED APRIL 29, 1977, RECORDED MAY 16, 1977 IN OFFICIAL RECORDS BOOK 4540, PAGE 2170 AND RE- RECORDED IN OFFICIAL RECORDS BOOK 4548, PAGE 68, PINELLAS COUNTY RECORDS. ONSINi L 14 2008 PIANII,V ML 8824 83O DECLARATION OF EASEMENT • W84FC,1259 This Declaration of Ubement is made this Judday of •.h *'" September, 1988, by Cabana Club Condominium Association, Inc., a Florida not - for - profit corporation ( "Association") • - -- and Bernard P. Powell, Inc., a Florida corporation, Roqer L. ` - - Stevens, Inc., a Florida corporation, and N.M. Peabody Investment_ company, a Delaware corporation. AT�,00 WITNES8ETH : WHEREAS, Association is the entity responsible for the operation of the Cabana Club Condominiums ("Condominium") pursuant to the Declaration of Condominium dated MY 10, 1984 recorded at U.R. Book 5769, Pages 1059 et se Public Records of Pinellas County, Florida, as amendlad from time to time ("Declaration"); and WHEREAS, the legal description of the real property q i ity-1, included in the Condominium is attached here,4,,: ]AiV 11-.ae A' OCondominium Property*); and �f �• r'�Ikm - flco V_V & WH$RBAS,.Cabana Club collectively Duns the " tY ftc described in Exhibit "B' hereto c "Cabana Club property "); sII and TOTAL WHEREAS, the Association and Cabana Club have appli , for and received, subject to certain conditions, a coast& -+ construction permit from the Florida Department of Natural Resources ("DNR') for the construction of a concrete �3 bulkhead/seawall and toe -scour .ock revetment, pursuant to two Section 161.053 of the-Florida Statutes; and WHEREAS, among the aforementioned conditions is a requirement that Cabana Club and the Association declare and establish a perpetual public easement area for pedestrian passage over the Condominium Property and Cabana Club Property, which easement the Association and Cabana Club are mutually desirous of grantinq. 19441250 LfK a -0-04-ts li 301& - Qo0+f,017i NOW THEREFORE# Cabana Club and the Associating he declare that the Condominium Property, all aaA1 W IZIY- a Condominiums, and the Cabana Club Property shall be owned, sold and conveyed subject to the following easement, TaTol, restrictions, covenants and conditions, which CI.RWOM -na; acknowledged to be for the purpose of obtaining the afore- mentioned permit and thereby protecting the value, attrac -•p tiveness and desirability of the Condominium Property and�x the Cabana Club Property: w -- IF a � ._- �e J 1T •R9 .?� �S 00 17:43:44 sr.sQ s1.�4 r►�p' �j Jgr�;wr�g �yy.�, y 1i�0�'r.11� Rrw� Ya •SC�� r� qa �ti 1 2008 to .er». DZIPARTROENT w -- IF a � ._- �e J 1T •R9 .?� �S 00 17:43:44 sr.sQ s1.�4 OR ;848P G 1260 1. A five t5) foot wide perpetual public access ease - Ment aerosa the entire shore - parallel width of the Condominium Property and the Cabana Club Property, — immediately adjacent to and landward of the concrete bulkhead constructed pursuant to the aforementioned permit, for the sole purpose of pedestrian passage along the shoreline when and as the water line rece- des to the toe -scour rock revetment constructed pur- suant to the aforementioned permit. A legal description of the easement area created hereby is attached hereto as Nxhibit "C ". 2. The easement hereby declared shall run with the .lands described in Exhibits "A" and "8" hereto and shall be binding upon all parties having any right, - title or interest in the Condominium property or the Cabana Club Property, or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of the owners of such property and to the public. 3. Cabana Club and the Association each acknowledge aad agree that the DNR shall be vested with full authority to enforce the covenants and agreements set forth herein; and further, that nothing con- tained herein is intended to limit or abridge in any manner or at any time the authority or respon- sibility of the DNR pursuant to the provisions of either Chapter 161, Florida Statutes, or Chapter 16B -33, Florida Administrative Code, or the authority of the State of Florida Board of Trustees of the Internal Improvement Trust Fund as provided by law. IN WITNESS WERRB[)F, the Association and Cabana Club have caused this Declaration of Easement to be executed and deli- vered for recording on the date firth set forth above. WITHEM F A� t CABANA CLUE CONDMITNIUM -z- „, 1 112008 , • ' .:..air . �,i► r ::...,.. i C7 OR684OPG1261 BERNARA F. POWELLt INC., A �• . Florida corporation c By: . ` RQGER I- S-0-4, V Ce P a S; ROGER L. STEVENS, INC., a Florida„ ►,�" °;�,�__ corporation By Z-.A- IMMVA. LARSON, V ce E►xA /. A' . . N.M. PEABODY IMSTMENT COMPAXY r !. � C ' Delaware corporation ' By 1W2 . LARSON, Vice Preai c' .. MOW RECD ' t. 112000 PrMENT apir OF , , c E? LJ STATE OF FLORIDA COUNTY OF MELLAS • OR684OPG 1262 I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledge- ments, personally appeared ROGER A. LARSON, as Vine President of Bernard F. Howell, Inc., a Florida corporation, to me well known to be the person who executed the foregoing instrument on behalf of said corporation, and acknowledged the execution thereof to be his Free act and deed as such officer, for the use and puxpoxe,�-$. therein mentioned that ha affixed thereto the official seal of aa 1i , corporation, and that the instrument is the act and deed of ., Corporation. '• WITNESS my had and official seal in the County and Simi last aforesaid thisday of Sept r, 1988. Notary Publit Ky Commission Expires: STATE OF FLORIDA COUNTY OF PINELLAS l t, 0 I BEREBY CERTIFY that on this day, hef ore me, an off I cer duly = ' authorised in the State and County aforesaid to take acknowledge- meats, personally appeared ROGER A. LARSON, as Vice President of Roger L. Stevens, Inc., a Florida: corporation, to me well known to be the person who executed the foregoing instrument on behalf of said corporation, and acknowledged, the execution thereof to be f his free act and deed as such officer, for the uses and purpose therein mentioned that he affixed thereto the official seal of said corporation, and that the instrument is the act and deed of R� said corporation. WITNESS my n and official seal in the County and State". aforesaid thiso day of Septa er, 1988. • • ,� K• 1. Notary P11 c My Commission Expires= O.1�aM�i 2000 �t ate t '" � � ui'&nENT 0T11114�EA � Fl t:bt0.r 3z • OR6848PG1263 STATE OF FLORIDA y COUNTY OF PINELLAS � I HERSBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledge- ments, personally appeared ROGER A. LARSON, as Vice President of N.M. Peabody Investment Company, a Delaware corporation, to me spell known to be the person who executed the foregoing instrument on behalf of said corporation, and acknowledged the execution thereof to be his free act and deed as such officer, for the uses an purpose therein mentioned that he affixed thereto the offioi ."• seal of said corporation, and that the instrument is the act.. deed of said corporation. WITNESS my han and official seal in the County and aforesaid this day Of Septl9kber, 1988. My Commission Expires: I - 5 - ORI I �zt RECEPa W. 112000 CITY OF c I R • STATE OF FLORIDA COUNTY OF PINELLAS f • OR6848PG 1264 I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the Mate and County aforegaid to take acknowledge- ments, personally appeared PENNY J. WALLINGFORD and. CYNTHIA SMETANA, as President and Vice - President, respectively, of Cabana Club Condominium Association, Inc., a► Florida non-profit cor- poration, to me well known to be the persona who executed the foregoing instrument on behalf of said corporation, and acknowledged the execution thereof to be their free acts and deeds as such officers, for the uses and purposes therein mentioned that -- they affixed thereto the official seal of said corporation, and that the instrument is the act and dosed of said corporation. WITNESS my d and official seal in they County and State last aforesaid this &day of Sept"er, 19,08. My Commission Expires: Exhibits: A - Condominium Property B - Cabana Club Property C - Easement Area Cab- 3 /BLL /tr "3N : , PEM L hams yDu Pubfi„ !hall of lwftlt R pp'�w�.Eii� WIT 6 — g° 1 i 2008 CITY OF CtM'1VVA1`ZR • . OR6848PG 1265 PART OP THE SOUTH 474.42 MET 01? GOVT LOT 2 IN SZCTION 19, TOWNSHIP 19 $00%. MOOS 15 SAM PIMMLLAS COUITi'Y, FLORIDA, $$ING !HORS PARTICULARLY DR$CRIBCD AS FOLLOWS: rOR A POINT Oil REFEMECS (I.O.R.) C= =CE AT THE SOUTHUST CORNESR Of SAID 83MON 19t THENCE 3 83004'07 °W, AI,ONG TUR SOUTH LINX OF $AID SECTION 19p FOR 2351.90 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY BINS OF GULL►' BOULEVARD (CITY ROAD 0699, 100'R/W) i '1?1MM N 31•58120 "$, AloONG SAID RIGHT -OF -WAY FOR 88.41 lZlT FOR A POINT OF BEGINNING (P.O.B.); TMCE N 18601140 8W FOR 163.61 FRET; THENCE H 65;00'140W FOR 50.25 FEET; THXA= 5 24059146 "W FOR 56.96 PEST; TMCE H 63.04'14 "W FOR 41.00 FEET) THENC! N 24059'46"R MR 4,00 PERT; TMMCS N 63000'14° W FOR 16.00 )PIaT; THOCZ R 20.00' 14"' V FOR 7.66 FEET: THENCE E 68.10'45 ■w FOR 43.00 'rm moits OR LLSS TO TR= kZAN HIGH WATER LINE; THSHCH NORTXUAMMY ALONG SAID x9m HIGH WATER Lxlm FOR 333.00 FEET ROIts OR LESS TO A POINT ON THE BOUNDARY LINE RSMLIMM BY INSTRUMENT RECORDED QE =Y 19, 1982, IN THE 01TICIAL RECORD BOOR 53730 PAGE 81, IN THS PUBLIC RSCOMS OF FIPRLLAS COUNT5Cr ftOltIDA; THENCE S 89004'07 03, IMi! 405,00 FEET MORE OR LESS TO THE WESTERLY RIGHT -OF -WAY UPS OF GULF SOU AIW; THENCZ S 31•58'20•N FOR 464.83 FEET &W* TO THE P.O.B. Orzlg�INKAL r:Fa tY`FC:,C� o CITY ow rr df�%,P ". f�- • I - M• • ORS848PG1266 Being a part of the South 474.02 feet of Gwermroent Lot 2 in Section 19, Tts`msljip 29 South, Range 15 bast► Pinellas Gxmty, Florida and being more VwElcularly described a$ >:ollcjvs: Ica at the Southeast corner 0 said Section 19; thecae North 89004107" heat alwq the South line of said section for 2351.90 feet to a . pnInt on the Masterly right- of-way line of Gulf' aulevarcl (State Boca 699) a 106 fwt right- of-wy; said paint Wing the puInt of beginning (P.O.S.); thence Continue Nrsrth 89'04107" west Our 400.09 feet to a point on the ecxxion control line as establ ishad in Bulkhead Plat sere 2, Page 55, and also recorded in official ttKwd Mx* 5141, Page 1590; thence North 24'39122" last alvrg said ewsion control line Gear 217.93 feet; thence South 60'10145" East for 100.35 feet; L•hence South 20'00.14" East fur 7.65 feet; theme South 65'00114" East for 16.00 feet; thpnce SouL-h 24'59146" ilest for 4.00 feet; thence South 65'00.14" But for 41.00 feet; thence Kurth 24'59146" East ror 56.96 feet; thence South 65'00114' cast fur 50.25 feet; thence South $8"01'40" Cast for 165.71 feet ty a point on the ofvradesceil�dd hest rixjht- of -wary line of Gulf arwlevard; theme South 31'58'20" vkst Wr 88.41 feet to the point of beginning. BRIM :O PLNINmuG D ;f'X:'-ROE"4 T •. 0� 848PG 1 267 - y A Or 3 FOOT BTRIP OF ±,ND AND DART OT MX SOM 474.03 dPbT - �g R1h 8P-VWE 1 , p MU CO , noStIDA, 8lIZO lY101t� DAAZiCiJi.ARLY DESCRIBED AS PDLlom. TOR A DOIW of COMMC 97 (p, O.C.) CoDQ� cz AT THE SOUTHIAST C01taR OF 84113 SEC,�IOA 19, TOi 33HIP 29 NOUTH, uni OP38A$IDTiBC�.'tOx is, AAaigSTANCB7op�735sl.90� SOOTo P•OTBT ON MW MIST RZON -or -WAY or Mir J10=v VI a A — 100. 00 FOOT ltx tin- oT -x7,Y, SAIa POM MOO ]BEING Tu BOUMMAST CORM or a PAACM 1010119 AS T= CAgAHA C r'Um; TWC! CONTI=Xo ALO*G SAID I,I9E H 89•09'07nPf' A DISTAROC QF 338.97 FZET TO A PONY OP BSCI9PUj (P.O.S.)! TURKS RUN N 28'20'34•" $, A DISTAM OF 533.97 rXZT.' T7D0CS RUN A 89009'070N, A DISTMCE 9.63 FMtT• THUM RUN 49'aV0732,rA DISTAW.2 o 5.633rs UCK Ta pOZNT of BROINNIXG (P.O.S.), AND COPTAZarm 2669.84 BQUARZ FEXT 0.0153 ACR88 !4083; OR L1 o MOIL.) . ORgw MEMO 112000 PlANX!lJrr;w jr-- CITY of- 'A t Line Items: Case No r 8/28/2008 Receipt #: 1200800000000006920 2:29:28PM Date: 08/28/2008 Tran Code Description Revenue Account No Amount Paid FLD2008 -02002 04 Flex Continuation 001000000341262000 75.00 Line Item Total: $75.00 Payments: Method Payer Initials Check No Confirm No How Received Amount Paid Check RAHDERT, STEELS BOLE jaw 33998 In Person 75.00 Payment Total: $75.00 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 1 cReceipt.rpt SQL" 2/l/2008 ', '� Receipt #: 1200800000000000963 3:23:17PM p = Date: 02 /01/2008 T Line Items: Case No Tran Code Description Revenue Account No Amount Paid FLD2008 -02002 04 Flexible Commercial 010- 341262 1,205.00 FLD2008 -02002 Fire - Prelim Site Plan 010- 342501 200.00 Line Item Total: $1,405.00 Payments: Method Payer Initials Check No Confirm No How Received Amount Paid Check R.J. HEISENBOTTLE VJS 1095 In Person 1,205.00 ARCHITECTS, Check R.J. HEISENBOTTLE VJS 1096 In Person 200.00 ARCHITECTS, Payment Total: $1,405.00 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 1 cReceipt.rpt 0 0- Wells, Wayne From: Wells, Wayne Sent: Tuesday, October 07, 2008 8:25 AM To: 'richard @rjha.net' Cc: 'burntgoose @hotmail.com' Subject: Cabana Club FYI - - - -- Original Message---- - From: Watkins, Sherry Sent: Monday, September 22, 2008 1:05 PM To: Wells, Wayne Subject: FW: - - - -- Original Message---- - From: chviper47 @bellsouth.net [mailto:chviper47 @bellsouth.net] Sent: Monday, September 22, 2008 12:17 PM To: Watkins, Sherry Subject: Dear Sherry Watkins Page 1 of 1 3 years ago after searching along Tampa Bay coastline we settled on Sand Key for our retirement condo because we did not want the commercialism of the other beaches. We loved the uncrowded beaches of Sand Key, DO NOT TAKE THIS AWAY by allowing changes to code .There are plenty of tourism places in the general area, let us residents have our peace that makes SAND KEY special. Thank you so much, best regards helen Blankenship 10/7/2008 0 0 Page 1 of 1 Wells, Wayne From: Wells, Wayne Sent: Tuesday, October 07, 2008 8:20 AM To: 'richard @rjha.net' Cc: 'burntgoose @hotmail.com' Subject: Cabana Club Plans FYI - - - -- Original Message---- - From: Watkins, Sherry Sent: Monday, September 29, 2008 8:02 AM To: Wells, Wayne Subject: FW: Cabana Club Plans - - - -- Original Message---- - From: Larry Edger [mailto:larry@dogtech.com] Sent: Monday, September 29, 2008 3:52 AM To: Watkins, Sherry Subject: Cabana Club Plans We support the building of the new hotel proposed by Legg -Mason with one exception. They do not provide enough parking. Employees use the public park on Gulf Blvd. now. How can there be enough parking for even a larger facility. Larry Edger Backwaters on Sand Key Maggie Mae's 10/7/2008 I 4 CITY OF C L EARWAT ER POST OFFICE BOX 4748 CLEARWATER, FLORIDA 33758 -4748 MUNICIPAL SERVICES BUILDING, 100 SOUTH MYR7LEAVENUE, CI,EARWATER, F�oIUDA 33756 TELEPHONE (727) 5624567 FAx (727) 562 -4865 rkr�A PLANNING DEPARTMENT October 2 September- 17, 2008 Richard Heisenbottle R. J. Heisenbottle Architects, P.A. 2199 Ponce de Leon Boulevard, Suite 400 Coral Gables, FL 33134 RE: Amended Development Order — Case FLD2008 -02002 1590 Gulf Boulevard Dear Mr. Heisenbottle: This letter constitutes an Amended Development Order pursuant to Section 4- 206.D.6 of the Community Development Code. On September 16, 2008, the Community Development Board reviewed your request for Flexible Development approval to permit a 38 -unit overnight accommodation use in the Commercial (C) District with a reduction to the required lot width from 200 to 88.41 feet, a reduction to the front (east) setback from 25 to five feet (to pavement), a reduction to the side (north) setback from 10 to zero feet (to building), a reduction to the rear (west) setback from the Coastal Construction Control Line (CCCL) from 20 to zero feet and an increase to bu.ldi -- 1—; ,t,t 4, M 7C t. A17 Fe 'C 1,0. siv U11111 b —,5n iii -1 v v i�e�, as a �viiiYreu�uoive uuiu Redevelopment Project, under the provisions of Section 2- 704.C; and a reduction to the front (east) perimeter buffer from 15 to five feet (to pavement), a reduction to the side (north) perimeter buffer from 10 to zero feet (to building and pavement) and a reduction to the width of interior landscape islands from eight to 4.6 feet inside curbing, as a Comprehensive Landscape Program, under the provisions of Section 3- 1202.G. The Community Development Board (CDB) APPROVED the application with the following Findings of Fact, Conclusions of Law and Conditions of Approval: Findings of Fact: 1. The 1.38 total acres (0.96 acres zoned Commercial District landward of the Coastal Construction Control Line [CCCL]; 0.42 acres zoned Open Space/Recreation and Preservation Districts seaward of the CCCL) is located on the west side of Gulf Boulevard, approximately 1,100 feet north of the'City limits line between Clearwater and Belleair; 2. The site is irregularly shaped, having previously been part of the Cabana Club residential property to the north as its clubhouse and "members only" restaurant for the condominiums, built in the early 1980's; 3. This parcel was conveyed separately in the early 1990's, litigated and determined to be a legal parcel, and has been operated as a public restaurant with no association to any hotel and with only 49 existing parking spaces until 1998 when it closed; �y� October 2 September- 17, 2008 Heisenbottle — Page 2 4. The City Council on September 21, 2000, denied a land use plan map amendment to change the land use category from Commercial General (CG) to Residential High (RH) and to rezone from Commercial (C) District to High Density Residential (HDR) District. A companion Flexible Development application to permit a 10 -story (99 -foot tall), 20 -unit attached dwelling condominium project with the swimming pool located seaward of the Coastal Construction Control Line was subsequently withdrawn; 5. On November 19, 2002, the CDB approved a Flexible Development application to permit the re- establish of the restaurant use on this property, utilizing the existing setbacks to building and pavement, not only for guests of the hotel but open to the general public. This application included use of the pool and beach, and its restrooms and lockers, for guests of the Belleview Biltmore Hotel only; 6. The site is presently developed with a two -story over an open ground floor restaurant of 7,054 square feet of enclosed floor area and an outdoor cafe on the third floor of 1,916 square feet, with a current Business Tax Receipt (occupational license) permitting a maximum of 305 seats; 7. The upland portion of the site east of the CCCL has historically been zoned commercial (until the Shoppes at Sand Key was recently rezoned to Commercial District) and is the only parcel on Sand Key with commercial land use; 8. There is an existing seawall, presently buried beneath the sand, located approximately 25 feet west of the northwest corner of the existing building/CCCL and approximately 50 feet from the CCCL in the southwest corner of the site. There is an existing perpetual easement for pedestrian passage located adjacent to the east side of the seawall. The subject property extends onto the beach area west of the seawall between 50 — 60 feet; 9. The proposal is to redevelop the site with a 38- room/unit, 67 -foot tall, boutique overnight accommodation use with accessory uses including a restaurant, pool, men's and women's locker rooms exercise room and heanlhfront rnhnnnv; 10. The proposed hotel will be operated by the same hotel operator, as the Belleview Biltmore Hotel in the Town of Belleair, providing guests of the Belleview Biltmore Hotel with a beachfront experience; 11. The proposal includes a reduction to the minimum lot width to that which exists today of 88.41 feet. Since the adjacent properties are developed with residential condominiums, it is highly unlikely, if not impossible, that additional land can be added to the subject property to attain even the 100 feet of lot width required for permissible uses in the Commercial District; . 12. The site design locates the proposed building on the northern portion of the site basically in the same location as the existing building. The taller portion of the building for the 38 hotel rooms is located approximately 30 feet from a property/building corner of the Cabana Club condominiums and 10 feet from the south property line; 13. The surrounding area is dominated by residential development in a built -out condition; 14. The proposed building will be located adjacent to the CCCL at a zero -foot setback, much like the adjacent Cabana Club condominium building; 15. The adjacent Cabana Club condominium building is located at a zero -foot setback on two sides with this site (a third boundary is less than required setbacks) and the condominium building roof eaves overhang the subject site; 16. This site shares a common driveway with the Cabana Club condominiums, which will be maintained in its present location; 17. The proposed structure setbacks are consistent with existing setbacks on adjacent residential properties; October 2 September 17, 2008 Heisenbottle — Page 3 18. The proposed design of the Cabana Club reflects the architecture of the historic Belleview Biltmore Hotel for identification and marketing purposes, as well as the Cabana Club condominium buildings located to the immediate north of the site; 19. Eight, 10 feet x 10 feet, temporary cabana structures are proposed approximately 25 feet seaward (west) of the CCCL. The Florida Department of Environmental Protection must approve of these structures being seaward of the CCCL; 20. The proposal includes an increase to the building height to 67 feet, measured to the midpoint of the pitched roof. The proposed building height is lower than, but consistent with, the majority of the building heights of the surrounding residential buildings; 21. The minimum number of required parking spaces is 38 parking spaces, while 56 parking spaces are proposed for this hotel. Accessory uses are not required additional parking by Code; 22. There is no outstanding Code Enforcement issue associated with the subject property. Conclusions of Law: 1. That the development proposal is consistent with the Standards as per Section 2 -701.1 and Table 2- 704 of the Community Development Code; 2. That the development proposal is consistent with the Flexibility criteria as per Section 2 -704.0 of the Community Development Code; 3. That the development proposal is consistent with the General Standards for Level Two Approvals as per Section 3 -913 of the Community Development Code; and 4. The proposal is compatible with the adjacent land uses. Conditions of Approval: 1. That the final design and color of the building be consistent with the conceptual elevations approved by the CDB; 2. That, prior to the issuance of any permits, in order to maintain the operational, management and marketing characteristics with the Belleview Biltmore Hotel in the Town of Belleair, a deed restriction, acceptable to and enforceable by the City, be recorded in the public records requiring common operation and management by the same hotel operator. Should this common operation and management be discontinued, this site shall be required to reduce the size of the accessory restaurant to a square footage more in line with a 38- room/unit hotel, acceptable to the Planning Department; 3. That, either the site plan reflect the relocation of the public access sidewalk to be within the existing access easement on the Dan's Island condominium property prior to the issuance of any permits, or a public access easement for that portion of the encroaching sidewalk onto the western portion of this property be recorded prior to the issuance of the Certificate of Occupancy for this project; 4. That no structure, landscaping, or other site improvement block, obstruct or impede pedestrian access within the Perpetual Public Easement Area for Pedestrian Passage adjacent to the seawall; 5. That sea -turtle friendly light fixtures be employed with the site design, with compliance demonstrated on plans. acceptable to the Environmental Engineering Division, prior to the issuance of building permits; 6. That, prior to the issuance of any permits, the condition rating of the existing trees be shown on the spreadsheet; 7. That, prior to the issuance of any permits, the civil and landscape plans be amended to widen the landscape island east of the loading space to be eight feet wide inside curbing; 8. That any future freestanding sign be a monument -style sign, designed to match the exterior materials and color of the building, at a maximum height of six feet; • • October 2 September- 17, 2008 Heisenbottle — Page 4 9. That, prior to the issuance of any permits, compliance with all requirements of General Engineering, Traffic Engineering and Stormwater Engineering be met; 10. That any applicable Public Art and Design Impact Fee be paid prior to the issuance of any permits; and 11. That all Parks and Recreation fees be paid prior to the issuance of any permits. Pursuant to Section 4 -407, an application for a building permit or other approvals shall be made within two one years of Flexible Development approval (by September 16, 2010 2999). All required certificates of occupancy shall be obtained within two years of the date of issuance of the initial building permit. The building permit must be obtained within six months of the initial permit application. This timeframe to obtain the initial building permit may be extended for an additional six months for cause by the Community Development Coordinator. Time frames do not change with successive owners. The Community Development Coordinator may grant an extension of time for the Flexible Development approval for a period not to exceed one year and only within the original period of validity. The issuance of this Development Order does not relieve you of the necessity to obtain any building permits or pay any impact fees that may be required. In order to facilitate the issuance of any permit or license affected by this approval, please bring a copy of this letter with you when applying for any permits or licenses that require this prior development approval. Additionally, an appeal of a Level Two approval (Flexible Development) may be initiated pursuant to Section 4 -502.13 by the applicant or by any person granted party status within 14 days of the date of the CDB meeting. The filing of an application/notice of appeal shall stay the effect of the decision pending the final determination of the case. The appeal period for your case expires on September 30, 2008 (14 days from the date of the CDB meetinO. If you have any questions, please do not hesitate to call Wayne M. Wells, Planner III, at 727 -562 -4504. You can access zoning information for parcels within the City through our website: www.myclear-,.N,ater.com/goN,/'depts/planiijU. Sincerely, Michael e Planning Director S: (Planning DepartmentlC D BIFLEX (FLD) (Inactive or Finished ApplicationsIGuf 1590 Belleview Biltmore Cabana Club (C) -Approved 2008 - WWIGuIf 1590 Development OrderAmended 10.2.08.doc 4 • Wells, Wayne From: Wells, Wayne Sent: Wednesday, October 01, 2008 5:34 PM To: 'Cyndi Tarapani' Cc: Tom Reynolds; Richard Heisenbottle Subject: Cabana Club- conditions Cyndi - My bad. In my effort to get things done before I left on vacation, I forgot to fix the DO regarding the two year time frame to submit for a building permit. I have prepared an Amended Development Order for Michael's signature, will get it signed and will mail it tomorrow. Thanks for catching it. Wayne - - - -- Original Message---- - From: Cyndi Tarapani [mailto:CTarapani @ fldesign.com] Sent: Tuesday, September 23, 2008 3:09 PM To: Wells, Wayne Cc: Tom Reynolds; Richard Heisenbottle Subject: Fwd: Cabana Club- conditions Wayne -I realize that you are on vacation but I wanted to send this to you for review upon your return. ,As you can see in the below e- mails, during the review of the Cabana Club, we requested and you and Michael agreed to a two- year time frame to submit for a building permit. However, I noted that the Development Order states that a one -year time frame must be met to apply for a building permit. The DO does also allow two years to obtain a Certificate of Occupancy after permit issuance. Apparently, part of the time -frame section of the DO was revised for a two -year time frame but not both items. When reading this paragraph in context, it appears that this was merely a typo or oversight in the final DO since there is an inconsistency between the one year for building permit application but two years for CO issuance. Obviously, a project of this size and complexity would require two years for each action, i.e., two years to apply for a permit and two years to build the project. Can you please let me know if you can revise year time frame for initial building permit discussed? Thanks in advance for your help. Cyndi Tarapani Vice President, Planning Florida Design Consultants ctarapani @fldesign.com Office: 727 - 849 -7588 Cell: 727 - 234 -7857 Fax: 727 - 848 -3648 the DO to allow the two - application as we have >>> <Wayne.Wells@myClearwater.com> 7/23/2008 3:58 PM >>> Cyndi - I have talked to Michael and we don't have an issue with a two -year time frame to submit for a building permit. A condition of approval will be included regarding such. 1 Wayne - - - -- Original Message---- - From: Cyndi Tarapani [mailto:CTarapani @fldesign.com] Sent: Wednesday, July 23, 2008 10:00 AM To: Wells, Wayne Cc: Joseph Penner; Tom Reynolds; Richard Heisenbottle Subject: Cabana Club - conditions Wayne -we would like to ask for two years to apply for a building permit, instead of the typical one year. The reason for this is that the Cabana Club, the Belleview Biltmore Hotel and Golf club will be designed and built as a group by the same architect, R.J. Heisenbottle, and selected contractor. Due to the size and complexity of the multiple buildings, additional time to prepare the final construction drawings is needed. In. addition, the project may be delayed somewhat due to a legal challenge to the approval of the Belleview Biltmore Hotel in Belleair. Although the buildings are in separate jurisdictions and locations, of necessity, further design will be delayed until the legal challenge has been resolved. Would you please confirm that the two- year time frame is acceptable to the City staff? Thanks. Cyndi Tarapani Vice President, Planning Florida Design Consultants ctarapani @fldesign.com Office: 727 - 849 -7588 Cell: 727 - 234 -7857 Fax: 727 - 848 -3648 2 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 September 17, 2008 Richard Heisenbottle R. J. Heisenbottle Architects, P.A. 2199 Ponce de Leon Boulevard, Suite 400 Coral Gables, FL 33134 RE: Development Order - Case FLD2008 -02002 1590. Gulf Boulevard Dear Mr. Heisenbottle: This letter constitutes a Development Order pursuant to Section 4- 206.D.6 of the Community Development Code. On September 16, 2008, the Community Development Board reviewed your request for Flexible Development approval to permit a 38 -unit overnight accommodation use in the Commercial (C) District with a reduction to the required lot width from 200 to 88.41 feet, a reduction to the front (east) setback from 25 to five feet (to pavement), a reduction to the side (north) setback from 10 to zero feet (to building), a reduction to the rear (west) setback from the Coastal Construction Control Line (CCCL) from 20 to zero feet, to allow proposed temporary cabanas up to 25 feet west of the CCCL and an increase to building height from 25 to 67 feet, as a Comprehensive Infill Redevelopment Project, under the provisions of Section 2- 704.C; and a reduction to the front (east) perimeter buffer from 15 to five feet (to pavement), a reduction to the side (north) perimeter buffer from 10 to zero feet (to building and pavement) and a reduction to the width of interior landscape islands from eight to 4.6 feet inside curbing, as a Comprehensive Landscape Program, under the provisions of Section 3- 1202.G. The Community Development Board (CDB) APPROVED the application with the following Findings of Fact, Conclusions of Law and Conditions of Approval: Findings of Fact: 1. The 1.38 total acres (0.96 acres zoned Commercial District landward of the Coastal Construction Control Line [CCCL]; 0.42 acres zoned Open Space/Recreation and Preservation Districts seaward of the CCCL) is located on the west side of Gulf Boulevard, approximately 1,100 feet north of the City limits line between Clearwater and Belleair; 2. The site is irregularly shaped, having previously been part of the Cabana Club residential property to the north as its clubhouse and "members only" restaurant for the condominiums, built in the early 1980's; This parcel was conveyed separately in the early 1990's, litigated and determined to be a legal parcel, and has been operated as a public restaurant with no association to any hotel and with only 49 existing parking spaces until 1998 when it closed; 9 w, • • September 17, 2008 Heisenbottle — Page 2 4. The City Council on September 21, 2000, denied a land use plan map amendment to change the land use category from Commercial General (CG) to Residential High (RH) and to rezone from Commercial (C) District to High Density Residential (HDR) District. A companion Flexible Development application to permit a 10 -story (99 -foot tall), 20 -unit attached dwelling condominium project with the swimming pool located seaward of the Coastal Construction Control Line was subsequently withdrawn; 5. On November 19, 2002, the CDB approved a Flexible Development application to permit the re- establish of the restaurant use on this property, utilizing the existing setbacks to building and pavement, not only for guests of the hotel but open to the general public. This application included use of the pool and beach, and its restrooms and lockers, for guests of the Belleview Biltmore Hotel only; 6. The site is presently developed with a two -story over an open ground floor restaurant of 7,054 square feet of enclosed floor area and an outdoor cafe on the third floor of 1,916 square feet, with a current Business Tax Receipt (occupational license) permitting a maximum of 305 seats; 7. The upland portion of the site east of the CCCL has historically been zoned commercial (until the Shoppes at Sand Key was recently rezoned to Commercial District) and is the only parcel on Sand Key with commercial land use; 8. There is an existing seawall, presently buried beneath the sand, located approximately 25 feet west of the northwest corner of the existing building/CCCL and approximately 50 feet from the CCCL in the southwest corner of the site. There is an existing perpetual easement for pedestrian passage located adjacent to the east side of the seawall. The subject property extends onto the beach area west of the seawall between 50 — 60 feet; 9. The proposal is to redevelop the site with a 38- room/unit, 67 -foot tall, boutique overnight accommodation use with accessory uses including a restaurant, pool, men's and women's locker rooms, eXpri-iSe rnnm and }6eaobfrnnt �a1)anac• 10. The proposed hotel will be operated by the same hotel operator as the Belleview Biltmore Hotel in the Town of Belleair, providing guests of the Belleview Biltmore Hotel with a beachfront experience; 11. The proposal includes a reduction to the minimum lot width to that which exists today of 88.41 feet. Since the adjacent properties are developed with residential condominiums, it is highly unlikely, if not impossible, that additional land can be added to the subject property to attain even the 100 feet of lot width required for permissible uses in the Commercial District; 12. The site design locates the proposed building on the northern portion of the site basically in the same location as the existing building. The taller portion of the building for the 38 hotel rooms is located approximately 30 feet from a property/building corner of the Cabana Club condominiums and 10 feet from the south property line; 13. The surrounding area is dominated by residential development in a built -out condition; 14. The proposed building will be located adjacent to the CCCL at a zero -foot setback, much like the adjacent Cabana Club condominium building; 15. The adjacent Cabana Club condominium building is located at a zero -foot setback on two sides with this site (a third boundary is less than required setbacks) and the condominium building roof eaves overhang the subject site; 16. This site shares a common driveway with the Cabana Club condominiums, which will be maintained in its present location; 17. The proposed structure setbacks are consistent with existing setbacks on adjacent residential properties; September 17, 2008 Heisenbottle — Page 3 18. The proposed design of the Cabana Club reflects the architecture of the historic Belleview Biltmore Hotel for identification and marketing purposes, as well as the Cabana Club condominium buildings located to the immediate north of the site; 19. Eight, 10 feet x 10 feet, temporary cabana structures are proposed approximately 25 feet seaward (west) of the CCCL. The Florida Department of Environmental Protection must approve of these structures being seaward of the CCCL; 20. The proposal includes an increase to the building height to 67 feet, measured to the midpoint of the pitched roof. The proposed building height is lower than, but consistent with, the majority of the building heights of the surrounding residential buildings; 21. The minimum number of required parking spaces is 38 parking spaces, while 56 parking spaces are proposed for this hotel. Accessory uses are not required additional parking by Code; 22. There is no outstanding Code Enforcement issue associated with the subject property. Conclusions of Law: 1. That the development proposal is consistent with the Standards as per Section 2 -701.1 and Table 2- 704 of the Community Development Code; 2. That the development proposal is consistent with the Flexibility criteria as per Section 2 -704.0 of the Community Development Code; 3. That the development proposal is consistent with the General Standards for Level Two Approvals as per Section 3 -913 of the Community Development Code; and 4. The proposal is compatible with the adjacent land uses. Conditions of Approval: 1. That the final design and color of the building be consistent with the conceptual elevations approved by th P (T1R 2. That, prior to the issuance of any permits, in order to maintain the operational, management and marketing characteristics with the Belleview Biltmore Hotel in the Town of Belleair, a deed restriction, acceptable to and enforceable by the City, be recorded in the public records requiring common operation and management by the same hotel operator. Should this common operation and management be discontinued, this site shall be required to reduce the size of the accessory restaurant to a square footage more in line with a 38- room/unit hotel, acceptable to the Planning Department;. 3. That, either the site plan reflect the relocation of the public access sidewalk to be within the existing access easement on the Dan's Island condominium property prior to the issuance of any permits, or a public access easement for that portion of the encroaching sidewalk onto the western portion of this property be recorded prior to the issuance of the Certificate of Occupancy for this project; 4. That no structure, landscaping, or other site improvement block, obstruct or impede pedestrian access within the Perpetual Public Easement Area for Pedestrian Passage adjacent to the seawall; 5. That sea -turtle friendly light fixtures be employed with the site design, with compliance demonstrated on plans acceptable to the Environmental Engineering Division, prior to the issuance of building permits; 6. That, prior to the issuance of any permits, the condition rating of the existing trees be shown on the spreadsheet; 7. That, prior to the issuance of any permits, the civil and landscape plans be amended to widen the landscape island east of the loading space to be eight feet wide inside curbing; 8. That any future freestanding sign be a monument -style sign, designed to match the exterior materials and color of the building, at a maximum height of six feet; September 17, 2008 Heisenbottle — Page 4 9. That, prior to the issuance of any permits, compliance with all requirements of General Engineering, Traffic Engineering and Stormwater Engineering be met; 10. That any applicable Public Art and Design Impact Fee be paid prior to the issuance of any permits; and 11. That all Parks and Recreation fees be paid prior to the issuance of any permits. Pursuant to Section 4-407, an application for a building permit or other approvals shall be made within one year of Flexible Development approval (by September 16, 2009). All required certificates of occupancy shall be obtained within two years of the date of issuance of the initial building permit. The building permit must be obtained within six months of the initial permit application. This timeframe to obtain the initial building permit may be extended for an additional six months for cause by the Community Development Coordinator. Time frames do not change with successive owners. The Community Development Coordinator may grant an extension of time for the Flexible Development approval for a period not to exceed one year and only within the original period of validity. The issuance of this Development Order does not relieve you of the necessity to obtain any building permits or pay any impact fees that may be required. In order to facilitate the issuance of any permit or license affected by this approval, please bring a copy of this letter with you when applying for any permits or licenses that require this prior development approval. Additionally, an appeal of a Level Two approval (Flexible Development) may be initiated pursuant to Section 4 -502.13 by the applicant or by any person granted party status within 14 days of the date of the CDB meeting. The filing of an application/notice of appeal shall stay the effect of the decision pending the final determination of the case. The appeal period for your case expires on September 30, 2008 (14 rinv.c frnm the r1ntP of tha ('T)R mPPtinol If you have any questions, please do not hesitate to call Wayne M. Wells, Planner III, at 727 -562 -4504. You can access zoning information for parcels within the City through our website: v,,Nr�v.myclearnvater .com/gov /depts /Slannin . Sincerely, Michael ?et 1'c lt5;� Planning Director S.-0anning DepartmentlCD BIFLEX (FLD)Ilnactive or Finished ApplicationslGu1j1590 Belleview Biltmore Cabana Club (C) - Approved - WWI Gu f 1590 Development Order 9.17.08.doc Page 1 of 1 Wells, Wayne. From: Wells, Wayne Sent: Tuesday, September 16, 2008 7:51. AM To:. 'richard @rjha.net' Cc: 'burntgoose @hotmail.com' Subject: Legg Mason - Cabana Club site FYI - - - -- Original Message - - - - -. From: Watkins,. Sherry.. Sent: Tuesday, September 16, 2008.7:18 AM To: Wells, Wayne Subject: FW:. Legg Mason - Cabana Club site - - - -- Original Message---- - From:. Allan & Merry [mai [to: a Ila nmerry@a Ilan merry. net]. Sent: Monday, September 15, 2008 11:29 PM To: Watkins, Sherry; Petersen, Carlen Subject: Legg Mason - Cabana Club. site Ms. Watkins & Ms Petersen, This is a bit late, but I ask the this message be forwarded to each of the Members of the Community Development Board, and to the Mayor and each Council Member.. I wish to be on record as encouraging you all, CD. Board and Council, to reject the current Legg Mason application for redevelopment of the Cabana Club site. I am a resident of Clearwater Beach/north end, but I strongly support the Sand Key property owners opposition to this development. I urge you to let Sand Key, (over developed as it already is), remain "as is," and retain the remaining low density commercial uses there. My personal "theme," as some of you already know, is to plead that Clearwater "hold on and hold out," against the currently subdued but soon enough again relentless, further, "market" densification and "upscaleization" (to coin a word) of both islands. Instead let Clearwater Beach, most especially, retain what we have of the character of a place where a family of modest means can come to the beach for a day, a weekend, or a week, (and dine at the "Columbia" once or twice). And let's strive to recover what's already lost. (The City's zoning code proposals for the beach, announced at the public meeting at the CB. rec center last Jan (or Feb, I've forgotten), to use the "condo lull" to try and attract "mid- price ". replacement hotels, are a step in the right direction, and I applaud that.) . But again, please no more high density. on Sand Key. or Island Estates either.. (I'm a member of the Board of the CB Association, but advocating only my own views here, (although I know that many of my. neighbors concur. And I'm currently mailing from the Seattle WA area, where we spend July -Sept annually, air fares willing.) Thank you for your consideration, Allan and Merry Avery 860 Bruce Ave. ally gmerry @)allaiunerry'net 10/1/2008 Pagel of 2 Wells, Wayne From: Wells, Wayne Sent: Tuesday, September 16, 2008.8:02 AM To: 'richard @rjha.net' Cc: 'burntgoose @hotmail.com' Subject: Cabana Club FYI - - - -- Original. Message--- - From: harvey levin [mailto:harvl57 @hotmail.com] Sent: Monday, September 15, 2008.5:20 PM To: Wells, Wayne Subject: , Dear Mr. Wells, I wrote you one other letter a couple of months ago regarding the Legg Mason entry into our community.. I would like to follow up with one more (my final) letter to once again describe my feelings. To begin with,. like others, I am not thrilled about the changes to the Cabana Club - -as I stated in my previous letter, I go there three or four times a month - -and always take friends. I believe I am a really good customer. I go for two reasons: I love the place - -the service, the views, the food, etc. Also, I like to show my support to the club and have felt a responsibility to show up fairly often. It has been a wonderful experience pulling into the place - -not a lot of traffic,etc.. And both floors offer me something -- casual atmosphere -- especially on the top floor - -two types of music- -one upstairs and one on the main floor - - -and an elegant restaurant setting. But now it could be a hotel - - -and I am not sure I will like the changes -- -more hassle, more people, etc. I am not sure of the zoning requirements, but I would guess that this area is very high density --- Ultimar next door is massive. These people I do not believe have exceeded their codes in asking what they think is proper. I believe I heard that their original proposition had both a floor of lounge and a floor, of restaurant. For someone like myself, that would be far superior to. what they have downsized to. Again, trying to accomodate others, they have sacrificed something that I personally think would be an advantage to the residents of the area -- especially. Sand Key. Owners and guests would have a wonderful bar and restaurant facility oftentimes within walking distance. . I think these people deserve an opportunity to build their hotel - -I believe they are down to merely 38 rooms - -plus the restaurant and parking facilities. These. people are trying to save the Biltmore which is a massive task - -- -and the golf course. The clubhouse of the golf course seems to be in need of repair - -plus it is not overly attractive inside -- imagine a dining place in Bellaire that would upgrade and uplift the entire neighborhood!!! They have made some improvements to the golf course.. But if you have been inside the clubhouse, you would see it is very much need of upgrading - -I have been in the clubhouse at the Bellaire Country Club and there is no comparison. I am not a part of the Legg Mason team. I have heard that they are going to put $100 million into the restoration and improvement of the three properties.. I think that is a very conservative number. I have read . and kept up with many of the other groups that have offered to buy the property. Some had wonderful thoughts but not the financial ability to pull this off. Others would have torn down the hotel and the golf course - -yes, and the Cabana Club. More houses, condos and townhomes- -just what we need. And all probably within the proper building codes. 10/1/2008 Page 2 of 2 0 0 I think we owe it to this group to stay focused, and driven to upgrade our entire community. They are willing to invest a whole lot of time, money and effort to keep our community a premier destination resort. And, yes, they are going to try to make a profit. I hope they do. As far as the view some people are going to lose, I think it is unfortunate. But, Sand Key is zoned for high density and you really can't tell one group that they can't build something when everything else around it is massive. Unfortunately, our world has constant change. Many of the smaller hotels and motels along the beach areas have gone. Many were in need of repair and the change is good.. Most of the building, over time,. will be a tremendous uplift for the entire community. And with every new construction, there has to be somebody negatively impacted. But, without these newer buildings,. many of the old "charming" buildings would fall into states of disrepair and become something that would ultimately deter people coming to our area. Large cities, mountain ski areas and beach communities must always do what is best for the entire communities.. I still think we are extremely lucky to have found a team of dedicated people like the Legg Mason group to help us grow and maintain our community.. Thank you again for letting me ramble-- Harvey Levin 10/1/2008 Page 1 of 1 Wells, Wayne. From:. Wells, Wayne Sent: Tuesday, September 16, 2008 7:08. PM To: 'richard @rjha.net' Cc: 'burntgoose @hotmail.com' Subject: Legg. Mason. Sand. Key Hotel proposal FYI - Received after the start of the CDB meeting. - - - -- Original Message---- - From:. Watkins, Sherry Sent:. Tuesday, September 16, 2008 4:24 PM To: Wells, Wayne Subject:. FW: Legg. Mason Sand Key Hotel proposal. - - - -- Original Message---- - From: HARLAN GREEN [mailto:harlangrn @msn.com]. Sent: Tuesday, September 16, 2008 1:37 PM To: Watkins, Sherry. Cc: harlangrn @msn.com Subject: Legg Mason Sand Key Hotel proposal I would like to respectfully urge to. vote (No) on the Legg Mason. Sand Key Hotel proposal. Sand Key is a very upscale Residential community, that pays a large amount of Clearwater Taxes. Giving. a Private Commercial company variances for a large Hotel, use of Public beach for PRIVATE Hotel. use,conjested parking,. and other variances is unjust to residences of Sand Key.. I am a licensed Realtor with Sand Key Realty, and a 20 year resident of Sand ,Key. The reason I chose Sand Key 20 years ago is that it was residential. and not conjested like Clearwater Beach. We have sufficient Hotel facilities with Sand Key Sheraton,and Marriott Hotel. To allow the Legg Mason project it would chaange the quality of life for the residents of Sand Key, and lower the property. values. Thanks for your cooperation in this matter.. Harlan M. Green 1480 Gulf Blvd.. #209. Clearwater,. Fla 33767 Caroline. L.. Green if it 10/1/2008 i Page 1 of 1 �► Wells, Wayne From: Wells, Wayne Sent: Tuesday, September 16,.2008 7:10 PM To: 'richard @rjha.net' Cc: 'burntgoose @hotmail.com' Subject: Legg Mason Sand Key Hotel. Project FYI - Received after the start of the CDB meeting. - - - -- Original Message - - - - -. From: Watkins, Sherry Sent: Tuesday, September 16, 2008 4:24 PM To: Wells, Wayne Subject: FW: Legg Mason Sand Key Hotel Project - - - -- Original Message - - - - -. From: HARLAN GREEN [mailto:harlangrn @msn.com] Sent: Tuesday, September 16, 2008 1:12 PM To: Watkins, Sherry Subject: Legg Mason Sand Key Hotel. Project Iam respectfully asking you to send this E -Mail. to all concerned asking them to vote (NO) on the Legg. Mason. proposal. To allow variances for a Private. Commercial Company to use Public Beach for their Private use,conjested parking, 10 story . Hotel on small area, and other uses would greatly change the quality of life for the residents of Sand. Key. I am a licensed Realtor at Sand. Key Realty, and know Sand Key residents pay a large share of Clearwater taxes. I am. also a 20. year Sand Key resident. I chose Sand Key, as it was a Beach Front residental community, not a. Commercial, cluttered,crowded, tourist attraction,. like. Clearwater Beach. To allow this commercial project would decrease property values on Sand. Key. We already have adequate Hotel accommodations on. Sand Key with the Sheraton Sand Key Hotel,. and Radisson Suites Hotel. Legg Mason already have Hotel. and Resort Tourist facility in Belleair, Fl. which will benefit from this project. (not Clearwater) Thanks for yor cooperation in this matter, and for your No Vote.. Harlan M. Green .1480 Gulf Blvd. #209 Clearwater, Ff.. 33767, Caroline L. Green if if " if " 10/1/2008 0 9 Wells, Wayne From: Wells, Wayne Sent: Tuesday, September 16, 2008 7:57 AM To: 'richard @rjha. net' Cc: 'burntgoose @hotmail.com' Subject: Opposition Petition Attached opposition petition 1.pdf FYI - See attachment - - - -- Original Message---- - From: Watkins, Sherry Sent: Tuesday, September 16, 2008 7:18 AM To: Wells, Wayne Subject: FW: Opposition Petitio Attached - - - -- Original Message---- - From: lindondan@verizon.net [mailto:lindondan @verizon.net] Sent: Monday, September 15, 2008 4:48 PM To: Watkins, Sherry; Elaine Stevens; Elaine Stevens Subject: Opposition Petitio Attached Sherry, Please find my oppotion petition statement attached for our continued battle with the City of Clearwater zoneing commission. Don Stanley lindondan@verizon.net 1 0 0 Wells, Wayne From: Wells, Wayne Sent: Tuesday, September 16, 2008 8:05 AM To: 'richard @rjha.net' Cc: 'burntgoose @hotmaii.com' Subject: Case# FLD2008 -02002 (1590 Gulf Blvd.) FYI - - - -- Original Message---- - From: Watkins, Sherry Sent: Tuesday, September 16, 2008 8:01 AM To: Wells, Wayne Subject: FW: Case# FLD2008 -02002 (1590 Gulf Blvd.) - - - -- Original Message---- - From: Allan Layne (mailto:allanlayne @gmail.com] Sent: Tuesday, September 16, 2008 7:31 AM To: Watkins, Sherry Subject: Case# FLD2008 -02002 (1590 Gulf Blvd.) Please DO NOT APPROVE, I think it is a bad idea to approve the Legg Mason Hotel for many reasons. The parking is going to be bad sometimes the valet guys double and triple park cars and they even park cars in the city park across the street on several occasions. Also with the addition of a hotel and restaurant in a small location. Are they going to have adequate handicap parking spaces? I guess the citizens of Sand Key should have called the fire department when the valet guys were double and triple park cars so the fire marshal would of shut it down because their parking situation is fire hazard. And do you really believe the employees are going to park over at the hotel on the mainland and take a shuttle to the beach, Legg Mason is lying no one will park over there. Sounds good but it won't last long. So are they planning to pay the employees an extra hour of, work for their ride in the shuttle, I doubt it. Also, if you approve the 25 feet toward the gulf does that mean all the condos up and down the beach can extend a deck out from their property line. In the long run Legg Mason is going to end up screwing the City of Clearwater in many ways because they are not going to keep the property long after they build it. It is a bad decision to approve it. By the way did the city ever get paid for the fire and police service by A/E for the mind freak demo of the spy glass hotel? If not, that was a bad decision by the city. I read somewhere that the guy from Legg Mason made some threats if they didn't get the hotel they would put a nightclub, gas station and some other places in that location. Well if they put any of those at least people will not lose their view of the Gulf of Mexico and either they will not have to go far to get milk, bread, cookies and cigs or gas if it is cheap or would not have far to go home if they happen to get drunk. But still if they did that the enterance from the street is not long enough for a gas station, it would be hard to get in and out of that location. Thanks, Allan Layne • 0 Page 1 of 1 Wells, Wayne From: Wells, Wayne Sent: Monday, September 15, 2008 10:51 AM To: 'richard @rjha.net' Cc: 'burntgoose @hotmail.com' Subject:. Mason. Project FYI - - - -- Original Message--- - From: Watkins, Sherry Sent: Monday, September 15, 2008 8:11 AM. To: Wells, Wayne Subject: FW: Re Mason Project - - - -- Original Message--- - From: DEANA [mailto:deana @netrover.com]. Sent:. Friday, September 12, 2008 8:17 PM To: Watkins, Sherry Subject: Re Mason Project Please be advised, that the board must abide with the By -laws already passed.. The cabanas on the eachwill look like circus tents 10. years from now. The added traffic will crowd and polute the entire Clearwater /Sank Key beaches. Just beware of the damage too many can do, toilets , parking & increased crime to patrol . D.Appleton & Tom Appleton . Sand Key. 10/1/2008 • � Page. 1 of 2 Wells, Wayne From: Wells, Wayne Sent:. Monday, September 15, 2008 10:55 AM To: 'richard @rjha.net' Cc: 'burntgoose @hotmail.com' Subject: Case #:FLD2008 -02002 (1590. Gulf Blvd) a'1' - - - -- Original Message---- - From: JLMART @aol.com [mailto:JLMART @aol.com]. Sent: Monday, September 15, 2008 10:47 AM To: Wells, Wayne Subject: Fwd: Case #:FLD2008 -02002 (1590 Gulf Blvd) had wrong email. John L. Martinez From: JLMART To: michael. Del k @myclearwater.com, Wells.Wayne @myclearwater.com, Sherry.Watkins @myclearwater.com CC: thomas @triangledevelopment.com, fdame @yahoo.com, jordan @behardesign.com, radelson2 @verizon.net, nfritsch @tampabay.rr.com, dana.tallman @urscorp.com, doreen.dipolito@d- mar.com,. Carlen .Petersen @myclearwater.com, Frahk .Hibbard @myclearwater.com, john.doran @myclearwater.com, George. Cretekos@ myclearwater.com,. Paul.Gibson @myclearwater.com Sent: 9/13/2008 9:57:34 A.M. Eastern. Daylight Time Subj: Case #:FLD2008 -02002 (1590 Gulf Blvd) To: Planning Department: The Action /Staff Report by the Planning Dept appalls me for the second timet was. first appalled by the Planning Department's initial action /recommendation on Shoppes! How does the Planner /Department Head not logically apply the: "Standards of Review" is beyond my comprehension! How can so many variances on. the site and negative impacts on surrounding sites be ignored? Why have Codes if Variances are so summarily dismissed ?. I find the staff report incomplete and lacking in objectivity! How can the Planner "PASS" on the environmental impacts? Is it not his job to get/include the "position /regulations" of all environmental departments. before he completes his report ?. Is there a rush (not enough time) to do it right? This is unacceptable performance by our "Trusted" civil service! To the CDB: hope the CDB will objectively apply. the "Standards of Review" and that the CDB will again have the 10/1/2008 Page 2 of 2 courage. to reject the recommendation of approval by the Planning Dept, and send a clear message to. the Planning Dept that this type of analysis is not acceptable performance and is a waste of time and money for all taxpayers! To City Council:. hope that the. CDB. does not again. put the "burden of proof' on you!. Respectfully, John. L. Martinez Landmark Towers I 1230 Gulf Blvd, Apt 407 Clearwater, FL 33767 727 - 595 -1944 Psssst ... Have you heard the news? There's anew fashion bll..plus the latest fall trends and. hair Wiles at StyleList.com. Psssst ... Have you heard the news? There's a new fashion blog_ lus the latest fall trends and hair styles at Sty_IeLst.__com. 10/1/2008 Page 1 of 1 Wells, Wayne From: Wells, Wayne Sent:. Monday,. September 15, 2008 10:57 AM To: 'richard @rjha.net' Cc: 'burntgoose @hotmail.com' Subject:. Legg Mason FYI - - - -- Original Message---- - From: Watkins, Sherry Sent: Monday, September 15, 2008 8:08 AM To: Wells, Wayne Subject: FW: Legg Mason - - - -- Original Message---- - From: Jim and Linda Mathews [mailto:lmathews4 @msn.com] Sent: Saturday, September 13, 2008 8:34 AM To: Watkins, Sherry Subject: Legg Mason Dear Ms. Watkins: I am very much opposed to a another hotel on Sand Key Beach. Please realize that South of the Sheridan. Sand. Key is a residential neighborhood! Thank you in advance for opposing the Legg Mason proposal.. Linda Mathews 1400 Gulf Blvd. #409 Clearwater, FL 33767 10/1/2008 Wells, Wayne. From: Wells, Wayne Sent: Monday, September 15, 2008 1:36 PM To: 'richard @rjha.net' Cc: 'burntgoose @hotmail.com' Subject: Legg- Mason proposal for Sand Key FYI - - - -- Original Message---- - From: Watkins, Sherry Sent: Monday, September 15, 2008 1:32 PM. To:. Wells, Wayne Subject:. FW: Legg -Mason proposal for Sand Key - - - -- Original Message---- - From: Paula Asinof [mailto:pasinof @asinof.com] Sent: Monday, September 15, 2008 1:20 PM To: Watkins, Sherry Cc:. Cynthia L. Remley, Esq. Subject: Legg -Mason proposal for Sand Key Sherry, Page 1 of 1 have already sent in petition and an email. However, with the meeting coming up, I felt another one was warranted. To:. Community Development Board This is the absolutely worst thing you could do to Sand Key. I fervently OPPOSE allowing any such development. Over the past years we have worked hard to have a nice community - making sure parking, traffic, building heights, land use - etc. were appropriate to the community's goals. In one fell swoop, you could destroy all of that work and to benefit who? Certainly not the residents or existing business? This is one big BLACK EYE on the face of the Development Board for even allowing it to get this far. Paula Asinof 1230 Gulf Blvd 1 -404 Clearwater 10/1/2008 0 • Page 1 of 1 Wells, Wayne From: Wells, Wayne Sent: Sunday, September 14, 2008 3:49 PM To: 'richard @rjha.net' Cc: 'burntgoose @hotmail.com' Subject: Cabana Club FYI - - - -- Original Message---- - From: Watkins, Sherry Sent: Friday, September 12, 2008 1:52 PM To: Wells, Wayne Subject: FW: - - - -- Original Message---- - From: Peter Cunzolo [mailto:pcunzolo @execujetcharter.com] Sent:. Friday, September 12, 2008 1:46 PM To:. Hibbard, Frank; Doran, John; Petersen, Carlen; Cretekos, George; Gibson, Paul; Watkins, Sherry Subject: To our esteemed council members: We as residents have done our level. best to. understand what is being allowed to happen on Sand Key. I was at numerous meetings including the marathon that went well into the wee hours. Most of us do not oppose the project for the sake of the rebuilding but we do repeatedly object to the use of our waterways for boat taxi service and most importantly to the requested variances that will take away a large portion of the beach. Please do not allow the variances to be granted because the end result may be a significant loss of our beaches along our coast as a result of future building projects. I respectfully ask that the codes in place remain intact and that the plans be modified to be in line with all of the previous requirements that perhaps other builders needed to comply with. In essence, is helping one company completely stretch the envelope worth all of the other negative impacts.. In other words I would ask that you look at the benefit or risk reward of the potential action. Look at future projects that will use the precedents that you will set. If you can honestly say and. agree that helping one builder at the expense of thousands of residents is worth it, then you must vote your conscience in favor of granting the variances. If not and you can see forward the negative impact on our community you must stand up for the citizens and deny these requests. have met and spoken to. many of you and find each of you to be extremely reasonable. I have the highest respect for your service but I must also say that pushing this through in favor of the builder would negatively affect your residents for years to come. Please, we don't oppose growth or rebuilding, we only oppose the fact that it will come at a great price that we will pay for in. the years to come. Please do not grant approval to the requested variances. Respectfully, Peter Cunzolo Confidential Notice: This email may contain CONFIDENTIAL or PRIVILEGED information and is a private communication between the intended addressee and ExecuJet Charter Service. If you are not the intended recipient, reading, copying, using, or disclosing its contents to others is strictly prohibited. If you have received this email in error, please notify us by replying to this message, and then delete it from your system. Thank you. 10/1/2008 • Page 1 of 1 Wells, Wayne From:. Wells, Wayne Sent: Sunday, September 14, 2008.4:34 PM To: 'richard @rjha.net' Cc: 'burntgoose @hotmail.com' Subject: proposed Belleview Biltmore /Legg. Mason project FYI - - - -- Original Message---- - From: Watkins, Sherry. Sent: Thursday, September 11, 2008.8:33. AM To: Wells, Wayne Subject: FW: proposed Belleview Biltmore /Legg Mason project - - - -- Original Message---- - From: david richardson [mailto:richardson @rrcompany.com] Sent: Thursday, September 11, 2008 8:30 AM To: Watkins, Sherry Subject:. proposed. Belleview Biltmore /Legg Mason project Sherry ............. My wife Nancy and. I own a single family home at the Moorings on Sand Key. We. oppose the erection of the proposed hotel /restaurant complex on the current site of the Cabana Club on Gulf Boulevard. The propsed complex is simply too big for the small parcel of land. in question. If completed as proposed, it will encroach upon and destroy the current character of our surrounding residential neighborhood. We need your help to preserve our neighborhood. Further, we oppose Legg Mason's offer to purchase our "spit of. land" that they would use to moor a water taxi. We ask that you deny all variance requests submitted by Belleview Biltmore/ Legg Mason on this proposed project. We appreciate your support to help us preserve our residential neighborhood. Thank you, David and. Nancy Richardson 1648. Sand Key. Estates Court Clearwater David M Richardson Richardson, Runden llc richardson @rrcompa.com www.r.r...c....om. pa,ny..co...m.... 201 - 323 -5717 10/1/2008 Page 1 of 1 Wells, Wayne. From:. Wells, Wayne Sent: Sunday, September 14, 2008 4:46 PM To: 'richard @rjha.net' Cc: 'burntgoose @hotmail.com' Subject: Legg Mason Proposal Opposition FYI - - - -- Original. Message---- - From: Watkins, Sherry Sent: Wednesday, September 10, 2008 12:45 PM To: Wells, Wayne Subject: FW: Legg Mason Proposal - Opposition - - - -- Original Message--- - From: Paula Asinof [mailto:pasinof @asinof.com] Sent: Wednesday, September 10, 2008 12:30 PM To: Watkins, Sherry Subject: Legg Mason Proposal - Opposition City Manager, Assistant City Manager, Director of Planning and Community Development Board Members You seem to be on an accelerating path to RUIN Sand Key. The Legg Mason proposal is AWFUL. Not enough parking, a ferry from Clearwater Beachl ll l l 1, giving them publicly restored beach, letting them leave cabanas up 'full time', bad environmental impact, disruption of life styles during massive construction, traffic jams, reduction of our property values etc. etc. - need I go on? Is there someone in the city that is getting some personal benefit from this? Is there no one the planning commission that is interested in anything but the short term dollars? If this goes through Sand Key is certainly not a place I want to be. Landmark Towers I - Unit 404 1230 Gulf Blvd Clearwater Paula Asinof 3816 Travis Street - Dallas, TX 75204 214- 526 -8690. 10/1/2008 Wells, Wayne From: Wells, Wayne Sent: Sunday, September 14, 2008 3:53 PM To: 'richard @rjha. net' Cc: 'burntgoose @hotmail.com' Subject: Redevelopment of the Cabana Club FYI - - - -- Original Message---- - From: Watkins, Sherry Sent: Friday, September 12, 2008 1:30 PM To: Wells, Wayne Subject: FW: Redevelopment of the Cabana Club - - - -- Original Message---- - From: John Trufant [ mailto :trufantjandj @sbcglobal.net] Sent: Friday, September 12, 2008 12:20 PM To: Doran, John; Petersen, Carlen; George ..Cretokos@myclearwater.com; Gibson, Paul; Watkins, Sherry Subject: Redevelopment of the Cabana Club > Dear Mr. Doran, Ms. Petersen, Mr. Cretokos, Mr. Gibson, and Ms. Watkins: > > My wife and I own a condominium in Harborage I, which • (as you are likely aware) is within very close proximity • across Gulf Boulevard from the Cabana Club. Our strong • opinion is that the proposal to redevelop this site into a • hotel must be. denied. The citizens of Sand Key have voiced • multiple, well - justified reasons for opposing this • redevelopment, and we agree with all of those reasons. • Foremost, however, is that no further development on Sand • Key should occur that would increase its density. It is, • for the most part, a residential neighborhood; the proposed • redevelopment of the Cabana Club as a hotel diminishes the • residential character and quality of life on Sand Key by • adding more transient population who have no investment in • protecting the safety, comfort and beauty of our • neighborhood. Closely related is that Cabana Club site is • far too small for the proposed redevelopment. I strongly • urge you to vote to deny the redevelopment proposal > Thank you for your consideration of this request. > Sincerely, > John E. and Judith A. Trufant > 1651 Sand Key Estates Court, #65 > Clearwater, FL 33767 1 • 0 Wells, Wayne From: Wells, Wayne Sent: Sunday, September 14, 2008 4:40 PM To: 'richard @rjha. net' Cc: 'burntgoose @hotmail.com' Subject: Biltmore Hotel renovation support FYI - - - -- Original Message---- - From: Cannonfire Photo [ mailto :jcannonCcannonfirephoto.com] Sent: Wednesday, September 10, 2008 8:42 PM To: Wells, Wayne Subject: Biltmore Hotel renovation support Hello. I'm writing this email to voice my support for the Biltmore Hotel's renovation project. This hotel has special meaning to so many generations of native Floridians, and we all have watched with great sadness as recent hurricanes have taken quite a toll on the beauty of the structure. Plus, for several decades the hotel has needed a facelift anyway, so this is a long time coming. The charm and history of this hotel cannot be overstated, and it must not only be saved, but vastly improved, to continue the tradition it has held for years. I want to solidly support the efforts of the hotel ownership and their business partners to proceed with this much - needed renovation and hope you'll do all you can to support them as well. Thank you and God bless! Jason Cannon Forth - Generation Native Floridian and resident Page 1 of 1 Wells, Wayne From: Wells, Wayne Sent: Tuesday, September 09, 2008.12:55 PM To: 'richard @rjha.net' Cc: 'burntgoose @hotmail.com' Subject: Legg. Mason FYI - - - -- Original Message---- - From: Watkins, Sherry Sent: Tuesday, September 09, 2008 10:04 AM To: Wells, Wayne Subject: FW: Legg. Mason. - - - -- Original Message---- - From: Nan & Dick Ruben [mailto:dnruben @verizon.net] Sent: Tuesday, September 09, 2008 9:48. AM To: Watkins, Sherry Cc: Frank Vandyke; Hibbard, Frank; joellen farnham;. george cretekos Subject: Legg Mason I was very disturbed by the recent approval by Wayne Wells for all the deviations in the proposed hotel that Legg Mason is. planning at the Cabana Club site. The city makes rules and then at the first opportunity "multiple deviations" come in to play when it suits them and goes against the people. of the community. Where is the protection to. the local. property owner? Is our investment, our homes, and our neighbor for sale at the whim of the promise of dollars for the city? We residents of Clearwater pay the salaries of people like Wayne Wells .... so why aren't they working to support us instead of Legg. Mason ?. Nancy J. Ruben 1430 Gulf Blvd. #501 Clearwater,. FL 33767 727 - 595 -2736 dnruben @verizon.net 10/1/2008 er1 0 0 RAHDERT, STEELE, BOLE & REYNOLDS, P.A. ATTORNEYS AT LAW THE ALEXANDER BUILDING 535 CENTRAL AVENUE ST. PETERSBURG, FLORIDA 33701 -3703 GEORGE K. RAHDERT ALISON M. STEELE BRADLEY M. BOLE THOMAS E. REYNOLDS LAYLA K. McDONALD LESLIE DOUGALL- SIDES, ESQUIRE Assistant City Attorney CITY OF CLEARWATER 112 S. Osceola Avenue Clearwater, FL 33756 RE: CABANA CLUB September 9, 2008 ORIGINAL RECEIVED SEP 10 2000 PLANNING DEPARTMENT CITY OF CLEARWATER TELEPHONE: (727) 823 -4191 FACSIMILE: (727) 823 -6189 GINA GRIMES, ESQUIRE Attorney for Clearwater CDB Hill, Ward & Henderson, P.A. 101 East Kennedy Blvd., Suite 3700 Tampa, FL 33602 CITY OF CLEARWATER CASE NO. FLD 2008 -02002 Dear Ms. Dougall -Sides and Ms. Grimes: I am writing to you on behalf of my client, Legg Mason Real Estate Investors, Inc. ( "Legg Mason "), which has a Flexible Development Application pending before the Community Development Board ( "CDB "). The hearing is currently scheduled for the September 16, 2008, CDB meeting. Unfortunately, there has been substantial misinformation circulating about various aspects of the development proposal. Accordingly, I would like to provide you with an exhibit and factual information to clarify what Legg Mason actually proposes to do. I have enclosed an exhibit prepared by Florida Design Consultants which has been color coded to highlight certain aspects of the site map to assist you in your review. The enclosed exhibit is based on the survey (without the color coding) that has previously been submitted to the Planning Department as part of our official Flexible Development Application. The property is located on Sand Key and fronts the Gulf of Mexico, which means that the site is subject to both the Coastal Construction Control Line ( "CCCL ") and the Erosion Control Line ( "ECL ") requirements, as well as the City's zoning regulations. Since the CCCL and ECL are not found in all areas of the City, I believe it is important that, prior to the CDB hearing, I summarize the effect of these regulations on the site. The overall size of the site is 1.3 8 acres. The western edge of the property is shown in the color purple on the exhibit. However, it should be noted that only the eastern 0.96 acres is zoned Commercial, with the balance of the property being zoned a combination of the Open Space/ Recreation and Preservation zoning districts. The City has previously determined that the Com- mercial zoning district line is coterminous with the CCCL (see attached letter from Planning Director, Michael Delk, dated April 24, 2008). The CCCL is shown in the color red, and all permanent improvements, including the proposed hotel, parking, pool, and deck, are located east of the CCCL and wholly within the portion of the property zoned Commercial. i LESLIE DOUGALL- SIDES, ESQUIRE GINA GRIMES, ESQUIRE September 9, 2008 Page 2 RE: CABANA CLUB CITY OF CLEARWATER CASE NO. FLD 2008 -02002 Moving west from the CCCL, the next item of note is the seawall, shown in the color turquoise. The seawall was constructed in 1988, and is now completely covered by the sand. As a condition of its approval by the Department of Natural Resources, the owner was required to grant a Permanent Public Easement Area for Pedestrian Passage. This easement was recorded in Pinellas County Official Records Book 6848, page 1259, on September 21, 1988. This ease- ment, which is five (5) feet in width, is located immediately east of and adjacent to the seawall. Legg Mason is aware of the requirements of the easement and will, of course, honor those requirements to the full extent required by law. Continuing west from the seawall, the next item of importance is the Erosion Control Line ( "ECL ") which is shown in the color green. The ECL was surveyed by Seminole Engineer- ing under contract with Pinellas County, and was recorded on February 26, 1997 (Plat Book 3, page 18 contains the ECL for the Cabana Club site). Florida Statutes, § 161.191 (1), provides as follows: "... 161.191 Vesting of title to lands. (1) Upon the filing of a copy of the board of trustees' resolution and the recording of the survey showing the location of the erosion control line and the area of beach to be protected as provided in s.161.181, title to all lands seaward of the erosion control line shall be deemed to be vested in the state by right of its sovereignty, and title to all lands landward of such line shall be vested in the riparian upland owners whose lands either abut the erosion control line or would have abutted the line if it had been located directly on the line of mean high water on the date the board of trustees' survey was recorded... ". Assuming the validity of this statute, the ECL constitutes the demarcation between public beach and private property. There appears to be some misunderstanding about the respective locations of the CCCL and the ECL, and the legal significance of each as it relates to the site. As you can clearly see on the enclosed exhibit, the ECL is located a substantial distance west of the CCCL. Due to the shape of the site, the distance between the CCCL and ECL varies from a minimum of twenty - seven (27) feet at the north property line to fifty -four (54) feet at the south property line. The CCCL and the ECL are in different locations on the site and are not coterminous. It has been stated by opponents of the project that the Cabana Club proposal will "take twenty -five (25) feet of our taxpayer funded public beach." Inasmuch as the project does not propose, and has never proposed, any private use of nor placement of any improvements upon the public beach located seaward of the ECL, this statement is simply incorrect. 1 • LESLIE DOUGALL- SIDES, ESQUIRE GINA GRIMES, ESQUIRE September 9, 2008 Page 3 RE: CABANA CLUB CITY OF CLEARWATER CASE NO. FLD 2008 -02002 There also appears to be some misunderstanding about the proposed temporary cabanas. Legg Mason has proposed to locate temporary canvas cabanas on its property in a landscaped area beginning at the CCCL and continuing west for a maximum width of twenty-five (25) feet. The canvas cabanas are each ten (10) feet by ten (10) feet in size. The purpose of cabanas is to provide shade for hotel guests while they enjoy the beach. Although it was previously Legg Mason's intention to install concrete sleeves for the cabanas and leave them up overnight, input from the public and staff has caused us to revisit this issue. We will therefore make a request at the CDB Meeting to amend the Application to (i) delete the concrete sleeves, and (ii) agree to take the cabanas in every night (or earlier if required by inclement weather). It is critical to note that there are no permanent structures proposed to be located in this landscaped area. The only items that will be placed in this landscaped area are the above - described temporary cabanas, grass and trees. It is also important to note that this landscaped area is wholly located landward of the ECL and totally within the developer's property. Since the landscaped area is located landward of the ECL, by definition, the landscaped area is not located on the public beach. In addition, the trees in the landscaped area have been located out- side of the Perpetual Pedestrian Easement so that there is no perceived or actual interference with public access in the easement. In summary, Legg Mason and its consultants have always been cognizant of the various City, County and State regulations that affect the site and have designed the project to be con- sistent with those regulations. The plans on file with the City demonstrate that all permanent improvements are completely located within the owner's private property. The project does not propose, and has never proposed, any improvements (temporary or permanent) upon the public beach. I thank you for your review of these materials. If you would like to discuss any of these issues, please do not hesitate to contact me. TER/kms Enclosure xc (w /encl): Mayne Wells, City of Clearwater Planning Department Joseph Penner, Legg Mason Real Estate Investors, Inc. Richard Heisenbottle, R.J. Heisenbottle Architects, P.A. Cyndi Tarapani (w /o encl.) 0 0 Wells, Wayne From: Wells, Wayne Sent: Monday, September 08, 2008.10:03 PM To: 'richard @rjha.net' Cc: 'PressInc @aol.com ; 'Cynthia @ProRemLaw.com' Subject: FLD2008 -02002 -1590 Gulf Boulevard Richard - Attached is the Staff Report for the September 16, 2008, CDB meeting, along with the attachments. Wayne M. Wells, A/CP Planner III City of Clearwater 100. South Myrtle Avenue Clearwater, FL 33756 -5520 Phone: 727 - 562 -4504 Fax: 727 - 562 -4865 '-, Gulf 1590 Staff Wells Wayne - C. Tarapani re Tim Haahs Report - 9.16 .... Kpert Witness Rim Haahs Parki:king Analysis 8. Page 1 of 1 Wells, Wayne From: Wells,. Wayne Sent:. Monday, September 08, 2008.8:36 AM To: 'richard @rjha.net' Cc: 'burntgoose @hotmail.com' Subject: Opposition to Cabana club /Legg Mason FYI - - - -- Original Message---- - From: Watkins, Sherry. Sent:. Monday, September 08, 2008 7:59 AM To:. Wells,. Wayne Subject:. FW: Opposition.to Cabana club /Legg Mason - - - -- Original Message---- - From: Om1480 @aol.com [mailto:Om1480 @aol.com] Sent: Saturday,. September 06, 2008 12:28 PM To: Watkins, Sherry Subject: Re: Opposition to Cabana club /Legg Mason I. am strongly opposed to the redevelopment of the Cabana property.. olga milne 1480 gulf blvd. clearwater 33767. Psssst ... Have you heard the news? There's a new fashion blog,,_.plus_the latest fall trends _.and _hair styles at StyleList.com. 10/1/2008 • Wells, Wayne From: Wells, Wayne Sent: Monday, September 08, 2008 3:57 PM To: 'richard @rjha. net' Cc: 'burntgoose @hotmail.com' Subject: Legg Mason /Cabana Club FYI - - - -- Original Message---- - From: Watkins, Sherry Sent: Monday, September 08, 2008 2:06 PM To: Wells, Wayne Subject: FW: Legg Mason /Cabana Club - - - -- Original Message---- - From: Shonnie & Bill Kiser [mailto:SBKiserCwebtv.net] Sent: Monday, September 08, 2008 1:49 PM To: Watkins, Sherry Subject: Legg Mason /Cabana Club • Dear Ms. Watkins; This is to let you know that my wife and I are in favor of Legg Mason's plans to. redevelop the Cabana Club Property. We are long time residents of Sand Key (our condominium is next to the Cabana Club condos)and feel that the plans we've seen will enhance the values and lifestyle of our community. I request that you deliver this E -mail to the appropriate members of the Community Development Board, the City Manager and other officials who will act on this matter. Thank You, William Kiser, 1520 Glf Blvd. Wells, Wayne From: Wells, Wayne Sent: Friday, September 05, 2008 8:30 AM To: 'richard @rjha. net' Cc: 'burntgoose @hotmail.com' Subject: Cabana Club /Legg Mason Proposal Importance: High FYI - - - -- Original Message---- - From: Watkins, Sherry Sent: Friday, September 05, 2008 7:45 AM To: Wells, Wayne . Subject: FW: Cabana Club /Legg Mason Proposal Importance: High • - - - -- Original Message - - - -- From: leelin [mailto:leelin @charter.net] Sent: Thursday, September 04, 2008 6:09 PM To: Watkins, Sherry; Hibbard, Frank; Doran, John; Petersen, Carlen; Cretekos, George; Gibson, Paul Subject: Cabana Club /Legg Mason Proposal Importance: High Dear Ms Watkins, We are writing to encourage you to deny Legg Mason's several requests for variances in order to build their hotel and restaurant. How will our community provide fire and police protection with this increase in density and pedestrian traffic? Who will pay for it? The zoning restrictions currently in place provide safeguards for all of us. And, once Legg Mason's variances are approved, a precedent will be in place for all the other big businesses that would like to exploit a piece of our beautiful key. The variances requested are unbelievable. How would Wayne Wells react if a mere taxpayer requested such variances? Please respect the key, its residents and zoning ordinances that were thoughtfully put in place by our community forefathers. Please don't be influenced by Legg Mason's big bucks and promises of increased tax revenues. Respectfully, Linda and Leland Walter 1480 Gulf Blvd #204 Clearwater, FL 33767 • Page 1 of 1 Karen Sharkey From: Karen Sharkey Sent: Thursday, September 04, 2008 1:33 PM To: 'Wayne.Wells @myClearwater.com' Subject: Belleview Bltmore -- CABANA CLUB Sensitivity: Confidential I have attached hereto for your review the proposed Covenant Running With the Land with respect to the above matter. /s / Thomas E. Reynolds Karen M. Sharkey, Paralegal to Thomas E. Reynolds, Esq. Randert, Steele, Bole & Reynolds, P.A. 535 Central Avenue St. Petersburg, FL 33701 ksharkey@randertlaw.com (727) 823 -4191 (727) 823 -6189 Telefax NOTE: This e-mail may contain PRIVILEGED and CONFIDENTIAL information and is intended only for the use of the specific individual(s) to which it is addressed. If you are not the intended recipient of this e- mail, you are hereby notified that any unauthorized use, dissemination or copying of this e-mail, or the information contained in it or attached to it, is strictly prohibited. If you have received this e-mail in error, please delete it and immediately notify the person named above by reply e-mail. 9/4/2008 This Instrument Prepared By / Return To: Thomas E. Reynolds, Esq. Randert, Steele, Bole & Reynolds, P.A. 535 Central Avenue St. Petersburg, FL 33701 COVENANT RUNNING WITH THE LAND THIS COVENANT RUNNING WITH THE LAND, as hereinafter described, is created and executed this day of August, 2008, by BELLEVIEW BILTMORE OWNER, LLC, a Foreign Limited Liability Company (hereinafter called "OWNER "), upon and subject to the terms hereof. WITNESSETH: WHEREAS, OWNER owns the following- described real property located in Belleair, Pinellas County, Florida: PARCEL I - HOTEL PROPERTY: BEGIN AT THE NORTHEASTERLY CORNER OF TRACT C OF A REPLAT OF A PART OF TOWN OF BELLEAIR, AS RECORDED IN PLAT BOOK 19, PAGES 87 TO 90, INCLUSIVE, OF THE PINELLAS COUNTY RECORDS AND RUN THENCE SOUTH 38 DEG. 06'30" WEST, 309.11 FEET; THENCE ALONG THE CENTER LINE OF PAVEMENT AND A CURVE TO THE RIGHT, HAVING A RADIUS OF 94.30 FEET, WHOSE CHORD BEARS SOUTH 77 DEG. 43'10" WEST, 66.20 FEET; THENCE ALONG THE CENTER LINE OF PAVEMENT AND A CURVE TO THE RIGHT HAVING A RADIUS OF 318.61 FEET WHOSE CHORD BEARS NORTH 80 DEG. 10' 16" WEST, 61.62 FEET TO THE POINT OF BEGINNING; THENCE ALONG THE CENTER LINE OF PAVEMENT AND A CURVE TO THE RIGHT HAVING A RADIUS OF 318.61 FEET, WHOSE CHORD BEARS NORTH 62 DEG. 53'58" WEST,103.12FEET; THENCE ALONG THE CENTER LINE OF PAVEMENT AND A CURVE TO THE LEFT HAVING A RADIUS OF 531.11 FEET, WHOSE CHORD BEARS NORTH 54 DEG. 29'00' WEST, 120.00 FEET, THENCE ALONG THE CENTER LINE OF PAVEMENT AND A CURVE TO THE RIGHT, HAVING A RADIUS OF 1000.00 FEET,'WHOSE CHORD BEARS NORTH 58 DEG. 34'35" WEST, 82.00 FEET; THENCE ALONG THE CENTER LINE OF PAVEMENT NORTH 53 DEG. 41'25" WEST, 126.00 FEET; THENCE ALONG THE CENTER LINE OF PAVEMENT AND A CURVE TO THE LEFT, HAVING A RADIUS OF 1634.74 FEET, WHOSE CHORD BEARS NORTH 59 DEG. 03'15" WEST, 230.00 FEET; THENCE ALONG THE CENTER LINE OF PAVEMENT NORTH 61 DEG. 03'05" WEST, 200.00 FEET; THENCE ALONG THE CENTER LINE OF PAVEMENT NORTH 62 DEG. 33'48" WEST, 160.00 FEET; THENCE ALONG THE CENTER LINE OF PAVEMENT AND ALONG A CURVE TO THE LEFT, HAVING A RADIUS OF 135.77 FEET, WHOSE CHORD BEARS NORTH 72 DEG. 12'59" WEST, 16.26 FEET; THENCE SOUTH 00 DEG. 18'03" EAST, 211.09 FEET; THENCE NORTH 77 DEG. 45'18" WEST, 201.60 FEET; THENCE ALONG THE CENTER LINE OF • • PAVEMENT AND A CURVE TO THE RIGHT, HAVING A RADIUS OF 147.23 FEET, WHOSE CHORD BEARS SOUTH 62 DEG. 48'38" WEST, 69.04 FEET; THENCE ALONG THE CENTER LINE OF PAVEMENT SOUTH 81 DEG. 44'48" WEST, 50.00 FEET; THENCE ALONG THE CENTER LINE OF PAVEMENT SOUTH 81 DEG. 44'48" WEST, 50.00 FEET; THENCE ALONG THE CENTER LINE OF PARKWAY AND A CURVE TO THE LEFT, HAVING A RADIUS OF 381.21 FEET, WHOSE CHORD BEARS SOUTH 64 DEG. 01'27" WEST, 200.00 FEET; THENCE NORTH 78 DEG. 27'26" WEST, 111.94 FEET; THENCE NORTH 81 DEG. 00'40" WEST, 168.88 FEET; THENCE SOUTH 08 DEG. 52'25" WEST, 285.06 FEET; THENCE ALONG THE CENTER LINE OF PAVEMENT SOUTH 80 DEG. 57'13 " EAST, 210.27 FEET; THENCE ALONG THE CENTER LINE OF PARKWAY AND A CURVE TO THE LEFT, HAVING A RADIUS OF 630.28 FEET, WHOSE CHORD BEARS SOUTH 07 DEG. 26'10" EAST, 280.47 FEET; THENCE ALONG THE CENTER LINE OF PAVEMENT AND A CURVE TO THE LEFT, HAVING A RADIUS OF 2370.72 FEET, WHOSE CHORD BEARS SOUTH 39 DEG. 23'31" EAST, 222.00 FEET; THENCE ALONG CENTER LINE OF PAVEMENT AND CURVE TO THE LEFT HAVING A RADIUS OF 66.65 FEET, WHOSE CHORD BEARS SOUTH 67 DEG. 25'41" EAST, 64.58 FEET; THENCE ALONG THE CENTER LINE OF PAVEMENT AND A CURVE, TO THE LEFT, HAVING A RADIUS OF 100.18 FEET, WHOSE CHORD BEARS NORTH 51 DEG. 03'52" EAST, 64.59 FEET; THENCE ALONG CENTER LINE OF PAVEMENT AND A CURVE TO THE RIGHT HAVING A RADIUS OP 309.50 FEET, WHOSE CHORD BEARS NORTH 51. DEG. 38'30" EAST, 200.00 FEET; THENCE ALONG CENTER LINE OF PAVEMENT AND A CURVE TO THE LEFT, HAVING A RADIUS OF 369.22 FEET, WHOSE CHORD BEARS NORTH 55 DEG. 16'38" EAST, 200.00 FEET; THENCE ALONG CENTER LINE OF PAVEMENT AND A CURVE TO THE LEFT, HAVING A RADIUS or 348.90 FEET, WHOSE CHORD BEARS NORTH 24 DEG. 22'08" EAST, 175.00 FEET; THENCE ALONG CENTER LINE OF PAVEMENT AND A CURVE TO THE RIGHT, HAVING A RADIUS OF 49.85 FEET, WHOSE CHORD BEARS NORTH 50 DEG. 17'16" EAST, 84.00 FEET; THENCE ALONG CENTER LINE OF PAVEMENT SOUTH 89 DEG. 18'06" EAST, 119.40 FEET; THENCE ALONG CENTER LINE OF PAVEMENT SOUTH 00 DEG. 21'47" WEST, 116.89 FEET; THENCE NORTH 89 DEG. 45'12" EAST, 162.56 FEET; THENCE SOUTH 00 DEG. 01'23" EAST, 70.95 FEET; THENCE NORTH 89 DEG. 48'47" EAST, 326.75 FEET; THENCE NORTH 84 DEG. 27'25" EAST, 135.00 FEET; THENCE NORTH 00 DEG. 48'40" EAST, 190.02 FEET TO THE POINT OF BEGINNING. TOGETHER WITH the rights of ingress and egress in that certain Mutual Grant of Easement recorded in Official Records Book 4540, Page 2170 and re- recorded in Official Records Book 4548, Page 68, Pinellas County Records. TOGETHER WITH the rights of ingress and egress in the certain Access Road Easement recorded in Official Records Book 5161, Page 2002, Pinellas County Records. TOGETHER WITH the rights of drainage in that certain Drainage Easement Agreement recorded in Official Records Book 5161, Page 2010, and re- recorded in Official Records Book 5584, Page 1043, Pinellas County Records, and modified in Official Records Book 8431, Page 1141. 2 i also known as 25 Belleview Boulevard, Belleair, Florida (hereinafter called the " Belleair Property"); and WHEREAS, OWNER owns and operates the BELLEVIEW BILTMORE HOTEL (hereinafter called the ` BILTMORE RESORT "), which is located on the Belleair Property; and WHEREAS, OWNER also owns the following- described real property located in Clearwater, Pinellas County, Florida: PARCEL VI - CABANA CLUB PROPERTY: BEING A PART OF THE SOUTH 474.02 FEET OF GOVERNMENT LOT 2 IN SECTION 19, TOWNSHIP 29 SOUTH, RANGE 15 EAST, PINELLAS COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF SAID SECTION 19; THENCE NORTH 89 DEG, 04'07" WEST, ALONG THE SOUTH LINE OF SAID SECTION FOR 2351.90 FEET TO A POINT ON THE WESTERLY RIGHT OF WAY LINE OF GULF BOULEVARD (STATE ROAD 699) A 100 FOOT RIGHT OF WAY TO THE POINT OF BEGINNING (P,O.B,); THENCE CONTINUE NORTH 89 DEG. 04'07" WEST FOR 400.09 FEET TO A POINT ON THE EROSION CONTROL LINE AS ESTABLISHED IN BULKHEAD PLAT BOOK 2, PAGE 65, AND ALSO RECORDED IN OFFICIAL RECORDS BOOK 5141, PAGE 1590; THENCE NORTH 24DEG. 39'22" EAST, ALONG SAID EROSION CONTROL LINE FOR 217.93 FEET; THENCE SOUTH 68 DEG. 10'45" EAST, FOR 100.35 FEET; THENCE SOUTH 20 DEG. 00'14" EAST FOR 7.66 FEET; THENCE SOUTH 65 DEG. 00'14" FEET EAST, FOR 16.00 FEET; THENCE SOUTH 24 DEG. 59'46" WEST FOR 4.00 FEET; THENCE SOUTH 65 DEG. 00'14" EAST FOR 41.00 FEET; THENCE NORTH 24 DEG. 59'46 "' EAST FOR 56.96 FEET; THENCE SOUTH 65 DEG, 00'14" EAST FOR 50.25 FEET; THENCE SOUTH 58 DEG, 01'40" EAST FOR 165.71 FEET TO A POINT ON THE AFOREDESCRIBED WEST RIGHT OF WAY LINE OF GULF BOULEVARD; THENCE SOUTH 31 DEG. 58'20" WEST FOR 88.41 FEET TO THE POINT OF BEGINNING. TOGETHER WITH the rights of ingress and egress as recited in that certain Corrective Warranty Deed recorded in Official Records Book 5785, page 1279, on June 19, 1984, Public Records of Pinellas County, Florida. TOGETHER WITH the reversionary interest set forth in that certain Corrective Warranty Deed recorded in Official Records Book 5785, page 1279, Public Records Of Pinellas County, Florida. also known as 1590 Gulf Boulevard, Clearwater, Florida (hereinafter called the "Sand Key Property"); and WHEREAS, the CITY OF CLEARWATER, FLORIDA approved OWNER's application to construct a thirty -eight (38) unit boutique hotel and attendant improvements (hereinafter called 3 the "CABANA CLUB ") on the Sand Key Property to be operated and maintained as a component of the BILTMORE RESORT; and WHEREAS, OWNER agreed that, as a condition of such approval of its application, the BILTMORE RESORT and the CABANA CLUB will be operated and managed as one facility by the same hotel operator, and that if this common operation is discontinued, the City may review the CABANA CLUB for Code compliance with parking requirements as a stand alone facility; and. WHEREAS, OWNER has agreed to record this Covenant Running With the Land in the Public Records of Pinellas County, Florida, to memorialize the foregoing covenant. NOW, THEREFORE, OWNER hereby covenants and agrees as follows: 1. That the BILTMORE RESORT and the CABANA CLUB will be operated and managed as one facility by the same hotel operator. 2. . That if the common operation of the BILTMORE RESORT and the CABANA CLUB as described in Paragraph 1. above is ever discontinued, the CITY OF CLEARWATER, FLORIDA, may in its discretion review the CABANA CLUB for Code compliance with parking requirements as a stand alone facility. 3. That the covenant hereby created shall be a covenant running with the Sand Key Property, fully binding in accordance with its terms, upon OWNER and OWNER's successors (including successors in title) and assigns. IN WITNESS WHEREOF, OWNER has caused this Covenant Running With the Land to be duly executed on the day, month and year first above written. Signed, Sealed and Delivered in the presence of: Print Name Print Name OWNER: BELLEVIEW BILTMORE OWNER, LLC, a Foreign Limited Liability Company Its: 11 STATE OF _ COUNTY OF The foregoing was acknowledged before me by , as of BELLEVIEW BILTMORE OWNER, LLC, a Foreign Limited Liability Company, who is personally known to me or who has produced as identification, who acknowledged before me that he executed the foregoing instrument as such officer upon behalf of said Company for the uses and purposes therein expressed. SWORN TO and subscribed before me at County, , this day of August, 2008. NOTARY PUBLIC My Commission Expires: Pagel of 2 0 Wells, Wayne From: Wells, Wayne Sent: Thursday, September 04, 2008 8:25 AM To: 'richard @rjha.net' Cc: Delk, Michael;. Clayton, Gina; Tefft, Robert; Watkins,. Sherry Subject: FLD2008 -02002 -1590 Gulf Boulevard - Public Records Request FYI - - - -- Original Message---- - From: Cynthia L. Remley, Esq. [mailto:Cynthia @ProRemLaw.com] Sent: Wednesday, September 03, 2008 5:32 PM To:. Wells, Wayne Subject: RE: FLD2008 -02002 -1590 Gulf Boulevard - Public Records Request That is correct. Cynthia From: Wayne. Wells @myClearwater.com [ mailto :Wayne.Wells @myClearwater.com] Sent: Wednesday, September 03, 2008 4:32 PM To: Cynthia @ProRemLaw.com. Subject: FLD2008 -02002 -1590 Gulf Boulevard - Public Records Request Cynthia - To clarify, it was my understanding during our phone conversation that the emails you are desirous of being . copied on are those that are submitted to me in support and opposition to the request. Correct? Wayne - - - -- Original Message---- - From: Cynthia L. Remley,. Esq. [mailto:Cynthia @ProRemLaw.com] Sent: Wednesday, September 03, 2008 1:11 PM To: Wells, Wayne Cc: 'Michael Shipley' Subject: RE:. FLD2008 -02002 -1590 Gulf Boulevard - Public Records Request Hi Wayne: Thank you for calling me back yesterday and discussing this public records request. Beginning with this email, any and all future electronic communications that are submitted for this file will be forwarded to Michael Shipley at his email address of burnt oosehotmai.l.com at the same time that such communications are forwarded to Mr. Heisenbottle as a representative of the applicant, Belleview Biltmore Owner, LLC. I will continue to periodically check with you to see if any additions or changes have been. made to the application file. Thank you for your assistance. Best regards, Cynthia L. Remley SAVE OUR NEIGHBORHOOD 10/1/2008 Page 2 of 2 Direct (727) 215-971.1 e-mail: Cynthia QProRemLaw.com www.mysaWkey.com NOD32 3412 (20080903) Information This message was checked by NOD32 antivirus system.. h_ ttpO eset.com . . . . ..... ........ - 10/1/2008 Page 1 o y-"I Wells, Wayne From: Wells, Wayne Sent: Wednesday, September 03, 2008 5:01 PM To: 'richard @rjha.net' cc: 'burntgoose @hotmail.com' Subject: leggs mason Importance: High FYI. - - - -- Original Message---- - From: Watkins, Sherry Sent: Wednesday, September 03, 2008 2:09 PM To: Wells, Wayne Subject: FW: leggs mason Importance: High - - - -- Original Message---- - From: JBIRD400 @aol.com [mailto:JBIRD400 @ aol.com] Sent: Wednesday, September 03, 2008 1:28 PM To: Watkins, Sherry Subject: leggs mason Dear Sherry Watkins, We are FOR the Leggs Mason proposal for a hotel (Cabana Club) on Sand Key. Please ensure that this is distributed to CDB, the Mayor & Council memebers. thank you. Jay & Gail Jorgensen 190 Sand Key Estates Drive Clearwater, Fl 33767 jayjorgensen 190 sand key estates drive clearwater, florida 33767 cell 727- 460 -5003 residence 727 -593 -1672 10/1/2008 Page 1 of 1 0 0 Wells, Wayne From: Wells, Wayne Sent: Tuesday, September 02, 2008 7:57 AM To: 'richard @rjha.net' Subject: FLD2008 -02002 -1590 Gulf Boulevard - - - -- Original Message---- - From: Wells, Wayne Sent: Tuesday, September 02, 2008 7:57 AM To: 'Cynthia L. Remley, Esq.' Cc: 'richard @rjha.net" Subject: FLD2008 -02002 -1590 Gulf Boulevard No changes. - - - -- Original Message---- - From: Cynthia L. Remley, Esq. [mailto:Cynthia @ProRemLaw.com] Sent: Monday, September 01, 2008 5:33 PM To: Wells, Wayne Subject: FW: FLD2008 -02002 -1590 Gulf Boulevard Hi Wayne: I just need to confine that Legg Mason/Belleview Biltmore has not submitted any additional documents to application file FLD2008 -02002 - 1590 Gulf Boulevard, or that any changes have not been made to it since the Staffs Final Report of August 14, 2008. Thank you for your kind assistance. Cynthia L. Remley SAVE OUR NEIGHBORHOOD Direct (727) 21.5 - 971.1. e -mail: Cyn lUia @ProRemLaw.eom www.mysandkey.com 9/2/2008 C PLANNING DEPARTMENT CITY OF CLEARWATER POST OFFICE Box 4748, CLEAR,VATER, FLORIDA 33758 -4748 MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756 TELEPHONE (727) 562 -4567 FAx (727) 562 -4865 September 2, 2008 Richard Heisenbottle R. J. Heisenbottle Architects, P.A. 2199 Ponce de Leon Boulevard, Suite 400 Coral Gables, FL 33134 Re: Community Development Board Meeting Case No. FLD2008 -02002 — 1590 Gulf Boulevard Dear Mr. Heisenbottle: The Community Development Board (CDB) at their meeting on August 26, 2008, continued the above referenced request to their September 16, 2008, meeting. The request is for Flexible Development approval to permit a 38 -unit overnight accommodation use with a 125 -seat accessory restaurant in the Commercial (C) District with a reduction to the required lot width from 200 to 88.41 feet, a reduction to the front (east) setback from 25 to five feet (to pavement), a reduction to the side (north) setback from 10 to zero _feet (to building), a reduction to the rear (west) setback from the Coastal Construction Control Line (CCCL) from 20 to zero feet, to allow proposed temporary cabanas up to 25 feet west of the CCCL and an increase to building height from 25 to 67 feet, as a Comprehensive Infill Redevelopment Project, under the provisions of Section 2- 704.C; and a reduction to the front (east) perimeter buffer from 15 to five feet (to pavement), a reduction to the side (north) perimeter buffer from 10 to zero feet (to building and pavement) and a reduction to the width of interior landscape islands from eight to 4.6 feet inside curbing, as a Comprehensive Landscape Program, under the provisions of Section 3- 1202.G, for property located at 1590 Gulf Boulevard. If you have any questions, please do not hesitate to call Wayne M. Wells, AICP, Planner III, at 727 -562- 4504. Sincerely, Michae e C Planning Director. S:IPlanning DepartmentlCD BIFLEX(FLD)IPending caseslUp for the next CDBIGulf 1590 Bellevietiv Biltmore Cabana Club (C) - 9.16.08 CDB - WPM Gut( 1590 CDB Continuance Letter 9.2.08.doc 3-11A Because of your previous interest in the zoning of the property commonly called "The Sh... Pagel of 3 Wells, Wayne From: Wells, Wayne Sent: Tuesday, September 02, 2008 8:28 AM To: 'richard @rjha.net' Subject: Cabana Club FYI - - - -- Original Message - - - - -. From: Watkins; Sherry Sent: Tuesday, September 02, 2008 8:18 AM To: Wells, Wayne Subject: FW: cabana club. - - - -- Original Message---- - From: Cretekos,. George Sent: Sunday, August 31, 2008 1:48 PM To: 'Cynthia Remley' Cc: Manni, Diane; Watkins, Sherry_ Subject: cabana club Ms. Cynthia Remley 1591 Gulf Boulevard, #PH -2 Clearwater, FL 33767. Dear Cynthia: Thank you for reiterating your opposition to the proposed redevelopment of the "Cabana Club" property on Sand Key. As you have recalled from my previous letter to you, the Clearwater City Council will not be voting on this proposed plan since the property is already zoned "commercial," and a hotel is a permissible use in that zoning. classification.. Under the charter and ordinances of the city, the Community Development Board (CDB) has the authority to review and approve /reject the site development plan. As you have noted, the next meeting is scheduled for September 16th, and I again encourage you to express in person your opinions during that meeting. In the meantime, I appreciate your insights and have again advised the CDB through its staff representative of your objections.. With warm, personal regards,. I am Sincerely, -- george . george n. cretekos member, clearwater city council 727 -562 -4050 george .cretekos @myclearwater.com. 10/1/2008 Because of your previous interest the zoning of the property commonly called "The Sh... Page 2 of 3 (please note that under florida's public record laws, written communications, including e- mails, to and from members of city council regarding official business are public record and will be made available to all members of the clearwater city council and the press). - - - -- Original Message---- - From: Cynthia Remley [mailto:cremley @verizon.net] Sent: Saturday, August 30, 2008 12:42 PM To: Cretekos, George Subject: RE: shoppes on sand key Dear. George: Thank you for your email sharing with me the progress of the Commercial zone application for the Shoppes which I followed with my attendance at the hearings. As you know, there is another matter coming before the CDB on September 16t", which if approved, would reverse the efforts of Sand Key residents to preserve its residential neighborhood and cause a significant decline to the home value of over 100 families. While. I appreciate and understand that this matter will not becoming before you for a decision, the leadership of our City Council sets the policy tone by which City employees and CDB members make their decisions. For the benefit of our neighborhood, Sand Key, and Clearwater's future as a desirable place to live and work, I hope that all of the deviation requests are denied and that the developer is encouraged to redevelop the Cabana Club Restaurant site within the Code and without deviations. Cynthia. crema_e.y@yerizon._net 727 -215 -9711 From: george .cretekos @myclearwater.com [mailto:george .cretekos @myclearwater.com] Sent: Saturday, July 19, 2008 9:31 AM To: cremley @verizon.net Subject: shoppes on sand key Dear Cynthia: Because of your previous interest in the zoning of the property commonly called "The Shoppes on Sand Key," I. am pleased to inform you. that the Clearwater City Council approved on first reading an ordinance that will officially zone this property "commercial." A second reading and final approval is now scheduled for the City Council's August 7th meeting., While this time frame may seem too lengthy, the City of Clearwater has not been delaying. the process. It is following the procedures that are in place to provide each side an opportunity to exercise the right to. petition his government. Moreover, as you may know, the current property owner's court suit asking that the City Council's denial of his request to have the property zoned "tourist" be overturned is still pending. There is no indication as to when that ruling may be issued.. Therefore, it still may be several more months before this matter is resolved, even if it is assumed that the "commercial zoning ordinance will be approved on August 7th. Again, thank -you for taking time to express your thoughts on this issue, and with warmest, personal regards, I am Sincerely, -- george n. cretekos . member, clearwater city council 10/1/2008 Because of your previous interest the zoning of the property commonl alled "The Sh... Page 3 of 3 george .cretekos @myclearwater.com. 727 - 562 -4050 (please note that any response to this. email address is considered public record and, under state statute, must be made available to all members of the city council and the press) NOD32 3281. (20080718) Information This message was checked by NOD32 antivirus system. http: / /www.eset.com 10/1/2008 Page 1 of 1 Wells, Wayne From: Wells, Wayne Sent:. Tuesday, September 02, 2008.12:50 PM To: 'richard @rjha.net' Subject: Legg Mason /Cabana Club. Redevelopment FYI - - - -- Original Message---- - From: Watkins, Sherry Sent: Tuesday, September 02, 2008.11:46 AM To: Wells, Wayne Subject: FW: Legg Mason /Cabana Club Redevelopment - - - -- Original. Message - - - - -. From:. Norm Englert [mailto:nenglert@earthlink.net] Sent: Tuesday, September 02, 2008 11:36 AM To: Watkins, Sherry Subject:. Legg Mason /Cabana. Club Redevelopment Not all Sand Key residents are opposed to a new 38 room boutique hotel and upscale restaurant on the Cabana Club. property. If done within reasonable bounds, this fulltime 23 -year Sand Key resident is in favor of the change and improvement. I believe it is a very vocal minority in opposition, lead by a. few who have personal issues, such as loss of view. Please make the decision knowing not all of the immediate area residents are opposed. And at least this one -is fully in support. Thank you, Norm Englert 140 Marina del Rey Clearwater, FL 33767 727.510.7951. 10/1/2008 Page 1 of 1 0 Wells, Wayne From: Wells, Wayne Sent: Tuesday, September 02, 2008 2:40 PM To: 'richard @rjha.net' Subject: Opposition to the Legg Mason's application FYI - - - -- Original Message---- - From: Watkins, Sherry. Sent: Tuesday,. September 02,. 2008 1:28 PM To: Wells,. Wayne Subject: FW: Opposition to the Legg Mason's application - - - -- Original Message---- - From: Boshart,. Jon [mailto:JBOSHART @spc.edu] Sent:. Tuesday, September 02, 2008 12:38 PM To: Hibbard, Frank; Doran, John; Petersen, Carlen; Cretekos, George; Gibson, Paul; Watkins, Sherry Subject:. Opposition to the Legg. Mason's application Dear Sirs, As a resident of The Grande on Sand. Key (1170 Gulf Blvd, #206) 1 and my family are very opposed to the Legg Mason's application. Please do not allow this to happen to Sand. Key. Thank you, Jon Boshart Prof. Jon D. Boshart, Ph.D. Chair, Department of Fine. Arts Saint Peter's College 2641 Kennedy Blvd.. Jersey City, NJ 07306 10/1/2008 Page 1 of 2 Wells, Wayne From: Wells, Wayne Sent: Tuesday, September 02, 2008 4:00 PM To:. 'richard @rjha.net' Subject: Please distribute to CDB FYI See. attachment - - - -- Original Message---- - From: Watkins, Sherry Sent: Tuesday, September 02,. 2008 3:29 PM. To:. Wells, Wayne Subject: FW: Please distribute to CDB - - - -- Original Message--- - From: PhyllisZeno @aol.com [mailto:PhyllisZeno @aol.com] Sent: Tuesday, September. 02, 2008 11:19 AM To: Watkins, Sherry Subject: Please distribute to CDB To the CDB After putting five children through college (three of mine, two of his) my huband and I decided we needed to. take life a little easier and we moved to Tampa in 1974.. Sad to say, my husband died shortly, after, and I returned to work again and became Creative Director for AAA Auto Club South. As founding editor of AAA Gong Places, I was happily employed for 29 years, but four years ago at the age of 78, I was ready to retire and take life. a little easier. I bought a condo at the Cabana Club and thought I would spend the rest of my years in quiet and serene surroundings. Little did I know what was about to befall me. Legg Mason announced that they would refurbish the Belleview Biltmore in Belleair and at the same time, build a new 38 -room hotel on Sand Key in the parking lot outside my bedroom windows. At same time, the Cabana Club announced that all of our balconies were going to have to be replaced to the tune of $750,000, and we would be assessed triple our maintenance fee for over a year. When a few us timid souls suggested that we were ready to join other neighboring condos to seek protection from this intrusion on our quiet neighborhood, . our board president sent a survey to our 85 condo owners, reminding them of our upcoming balcony assessments and pointing out that to seek legal assistance would cost us upwards of $125,000. If they chose to fight the adjoining hotel, our president would be forced to. resign, he said, because our building improvements would require all his time, and he was a Canadian citizen.. Our residents wee terrified at the looming expenses, and many of them voted in favor of the hotel. Armed with this ammunition, Legg Mason revised their initial humble plan for a small, boutique hotel and began seeking additional variances that would allow them to build higher and wider, encroaching on our privacy, yet reducing the number of parking places that accommodated the existing restaurant, guaranteeing that our driveway would be flooded with cars, noise and inconvenience. At the same time, LM submitted a proposal stating that Cabana Club residents had responded favorably to. a survey 10/1/2008 Page 2 of 2 and were eagerly awaiting this edifice that would increase our condo value and lower our taxes.. With their new proposal, condo. owners suddenly realized the horror that was about to befall them, but it was too late. Or is it? On Tuesday, September 16, it will all be in the hands of the City Planning Board.. They, and they alone, can grant the demands of these greedy developers and leave an 82- year -old widow. like myself helpless to defend her right to. spend her declining years in peace and quiet.. Won't you please defend our right to life, liberty and the pursuit of happiness when many of us have worked a lifetime to. achieve this goal? Wistfully,. Phyllis W. Zeno It's only a deal if it's where you want to go. Find your travel. deal here_. 10/1/2008 Page 1 of 1 Wells, Wayne ;J From: Wells, Wayne Sent: Sunday, August 31, 2008 10:00 AM To: 'richard @rjha.net' Subject: Cabana Club Hotel FYI - - - -- Original Message-=-- - From: Larry Edger [mailto:larry@dogtech.com] Sent: Sunday, August 31, 2008 8:59 AM To: Wells, Wayne Subject: Cabana Club Hotel Wayne; Just a note to say many of us support the plans for the proposed hotel on Sand Key. The only exception is the limited parking. They cannot build a hotel and a 165 seat restaurant with only 50 parking spots. Employees alone will need most of those. They must cut back somewhere. Larry Edger Backwaters on Sand Key Maggie Mae's 8/31/2008 Page 1 of 1 Wells, Wayne From: Wells, Wayne Sent: Tuesday, August 26, 2008 1:53 PM To:. 'richard @rjha.net' Subject: Cabana,Club, Sand Key FYI - - - -- Original. Message---- - From: Jimmy [mailto:jimmy @cscproperties.com] Sent, Tuesday, August 26, 2008 12:52 PM To: Wells, Wayne Subject: FW: Cabana. Club, Sand Key - - - -- Original Message---- - From: Jimmy. [mailto:jimmy @cscproperties.com] Sent: Tuesday, August 26, 2008 12:46 PM. To: Wayne.Wells @myclerwater.com Cc: msmith @belleviewbiltmore.com. Subject: Cabana Club, Sand Key Wayne, it appears that this project is meeting all requirements, and that the opposition is. sort of "stretching things" to prevent it. As a citizen of Clearwater, and a patron of the Cabana Club, I would like to register my support for this project. MOIR = Jimmy Walker 311. Druid Road West, Clearwater, FL 33756 (727) 446 -3444 o. (727) 446 -5014 f (727) 709 -4700 c . 10/1/2008 Page 1 of 1 Wells, Wayne From: Wells, Wayne Sent: Tuesday, August 26, 2008 2:54 PM To: 'richard @rjha.net' Subject: Support for the Cabana Club redevelopment WA - - - -- Original Message--- - From: Watkins, Sherry. Sent: Tuesday, August 26,. 2008.2:16 PM To: Wells, Wayne Subject: FW: Support for the Cabana Club redevelopment - - - -- Original Message---- - From: BIKERSCAFE @aol.com [mailto:BIKERSCAFE @aol.com] Sent:. Tuesday, August 26, 2008 12:13. PM To: Watkins, Sherry Subject: Support for the Cabana Club redevelopment As an English. Lady who winters close to Sand Key, am I missing something here? I think the protesters of the SON group appear to be a sad bunch of NIMBYs (No In My Back Yard) who seem to have conveniently fogotten the history of sandkey. The Biltmore were ferrying guest over to a cabana on a deserted sand key nearly a century ago. It is they (SON) and. others who have been part of the. sandkey development and that includes those who bought a property or business there, who have built the urban jungle up around a nice small little. cabana club and turned a deserted. beach into the urban environment it is today. Now the Cabana club want to develop, it seems that what was sauce for the goose cannot be sauce for the gander. .I am personally sad that the cabana is not continuing as it is but I accept their right/need to develop. as a business.. It is. one of the last few remaining old world charms of the Pinellas coast, where you can have a drink and light meal watching the sun go down with courteous staff who do. not hassle you to finish up so. they can get there next lot of tipper onto your table. You get a real feeling of causal. laid back tropical charm and it will be sorely missed. Barbara 10/1/2008 • .Page 1 of 2 • Wells, Wayne From:. Wells, Wayne Sent: Monday, August 25, 2008 8:38 AM To: 'richard @rjha.net' Subject: Cabana Club Sand. Key FYI - - - -- Original Message - - - - From: Watkins, Sherry Sent: Monday,. August 25, 2008.8:21 AM To: Wells, Wayne Subject: FW: Cabana. Club Sand Key - - - -- Original Message--- - From: D &D. Hopkins [mailto:dhop166 @msn.com] Sent: Friday, August 15, 2008.5:29. PM To: Watkins, Sherry Subject: Cabana Club Sand Key For the Community Development Bd Aug 19 meet. Re: Cabana Club. Sand. Key Remodel I. have reviewed. the proposed redevelopment of the Cabana club. I am not opposed to. the redevelopment of the property by Legg Mason, however it must be done within existing . codes and standards. am opposed to the granting of any variances from City or State, building. or zoning codes for the redevelopment. I live across Gulf Blvd in the Marina del Rey townhouses, thus I will be. impacted. by any redevelopment. The City and state codes have been established after due consideration by elected authorities and should be followed. In particular I am opposed to the variance of any development seaward of the CCL. This is. a line that is established to reduce impacts on coastal erosion. The Cabana Club location is. at a more. vulnerable. area were coastal erosion has occurred in the past. When the shore was nourished a few years. ago, the shore. line. had eroded up to the seawall at the adjacent Dans Island condo. The. erosion was continuing toward the Cabana Club property. Due to the public monies spent to nourish the beach, the private seawalls were saved Construction beyond the. CCL increases the. risk of shore erosion. I am also opposed. to the encroachment of a tall building onto. the right -of -way for the Public beach access between the CC. and Dans. Island condo.. The code. setback must be maintained on. the south side of the property. I. am also opposed to. any encroachment into. the setback from Gulf Blvd. Any thing closer 10/1/2008 . Page 2 of 2 than the code allows now would be out of character with the existing neighbors. Thank you for your interest in serving the City. David Hopkins 166 Marina del Rey Ct Clearwater 10/1/2008 Page 1 of 2 Wells, Wayne From: Wells, Wayne Sent: Monday, August 25, 2008 8:41 AM To: 'richard @rjha.net' Subject: Please Say No To Legg Mason Expansion. on Sand Key - - - -- Original Message---- - From: Watkins, Sherry Sent: Monday, August 25, 2008 8:22 AM To:. Wells, Wayne Subject: FW: Please Say No To Legg Mason Expansion on. Sand Key - - - -- Original Message---- - From: Daniel [mailto:dzmoore @tampabay.rr.com] Sent:. Friday, August 15, 2008 5:53 PM To:. Watkins, Sherry Subject: Please Say No To Legg Mason Expansion on Sand Key. August 15, 2008 Re: Please Say No to the Legg Mason Request for New Hotel on Sand Key TO: Community Development Board Members City Manager Assistant City Manager Director of Planning My wife and I have been living full time on Sand Key for almost 25 years. The reason we decided on Sand Key was the simple fact it was a private residential beachfront community. When we moved here we expected additional residential condominiums to be built in the future. And as you know, the residential . developers eventually completed the total development of Sand Key. Residential yes, commercial no way. But now, Sand Key Residents are being hammered and hammered and hammered by a commercial developer being financed by the huge investment bank Legg Mason. It appears, as the new owner's of the Belleview Biltmore Hotel located in Belleair, Legg Mason cannot possibly succeed with their Belleair investment unless they convince the City of Clearwater to provide special considerations for a major expansion of their existing restaurant property currently attached to the Cabana Club Condominium, a residential building.. It doesn't surprise me to see an investment banker throw its weight around trying to permanently change Sand Key's residential nature with a hotel development project. They don't give a darn about their neighbors; they want to make money for their investors, period.. However, Sand Key Clearwater residents are fortunate to have the City of Clearwater standing in its path. A true David versus Goliath showdown of the visions for Sand Key. As you already know, Sand Key Clearwater residents oppose the construction of a new hotel property on the south side of Sand Key. Please say no to their requests for the following reasons:. The current location is and has always been a small unobtrusive restaurant; it was originally and purposely built this way because it was located in a residential neighborhood. 10/1/2008 • Page 2 of 2 Legg Mason's plans are way too big and require the use of Public Property for their expansion. Including our fragile renourished beachfront. The blocked vista views will dramatically and adversely affect the value of already de- valued residential properties. The minimal potential for increased revenue to the City of Clearwater can't possibly justify the permanent disruption to our residential community. The decreasing values of the residential condominiums around this new hotel structure must be considered as an eventual loss of tax revenue.. And finally, where does Legg Mason's request end? They want Public Property, they don't really care about their neighbor's objections and they have plans to further disrupt our privacy by operating a ferry service from the Belleview Biltmore to their new, Sand Key hotel. Imagine how terrible it will be for all the residents having a new ferry service weaving through the narrow canals of Sand Key. Obviously, Legg Mason has no concept of the difference between the residential area of Sand Key Clearwater and the tourist area of Clearwater Beach. And if they do know the difference, they just don't care! We sure hope all of you care. Please stand up to these developers and just say no to Legg Mason's hotel project. The City of Clearwater can't be this desperate for revenue. Thank you for your vote in stopping their request. Respectfully, Daniel & Zena Moore Lighthouse Towers Condominium 1290 -305 Gulf Boulevard Clearwater, FL 33767 727 - 595 -1251 10/1/2008 Page 1 of 2 Wells, Wayne From: Wells, Wayne Sent: Monday, August 25, 2008 8:44 AM To: 'richard @rjha.net' Subject: Planning Commission approval of Legg. Mason application - this is so wrong! FYI - - - -- Original Message---- - From:. Watkins, Sherry Sent: Monday, August 25, 2008.8:22 AM. To: Wells, Wayne Subject:. FW: Planning Commission approval of Legg. Mason application - this is so wrong! - - - -- Original Message---- - From: Harry Artz [mailto:artzs @msn.com] Sent: Friday, August 15, 2008 10:26 PM To: Harry Artz; Hibbard, Frank; Gibson, Paul; Doran, John; Cretekos, George; Watkins, Sherry; Petersen, Carlen Cc: jofarnham @yahoo.com; RTARSIN @aol.com Subject: Planning Commission approval of Legg Mason application this is so wrong! Mr. Hibbard - We have just learned that the City's Planning Department has issued its final report "recommending" approval of Legg Mason's application for deviations from the code in order to build a 38 room hotel, 165 seat restaurant and place cabanas, grass and pavers on 25 feet of the beach west of the Coastal Construction Control Line at the Cabana Club restaurant site. Why would the planning commission do this. It seems that they have ignored the current code and the community. We know that the CDB is NOT required to follow the Planning Department's recommendation to grant the deviations for the Cabana Club redevelopment. It is to consider and listen to the concerns of the neighborhood, as well. The CDB did just that when it did NOT follow the City Planning Department's recommendation to zone the Shoppes on Sand Key to tourist and, instead, voted to zone them commercial. It does appear that the Planning Department is not in step with our desires and we hope that each of you help us to work through this. We really hope that the Community Development Board overrules this misguided recommendation and sends both the planning commission 10/1/2008 Page 2 of 2 0 0 and Legg Mason back to the drawing board with a clear message that this is not what the community wants, nor is this in keeping with the codes established for the community. It makes no sense for the planning commission and CDB, the community, and each of you to not be able to work to a reasonable compromise. The variations requested are outrageous and extreme, and not at all variences within reason. This is so dissappointing and we do hope that you all share your outrage and displeasure with the planning commission. Rarely have we felt so strongly as we have with both the shoppes at Sank Key and the Cababan club issues. This is so wrong.. • - Talk to your Yahoo! Friends via Windows Live Messenger. .F_ind_ Out _How 10/1/2008 August 11, 2008 . . Page 1 of 3 Wells, Wayne. From:. Wells, Wayne Sent: Monday, August 25, 2008 8:48 AM To: 'richard @rjha.net' Subject: SON Response to SK Residents FINAL (08 11 08) FYI - - - -- Original Message - - - - -. From: Watkins,. Sherry Sent:. Monday, August 25, 2008 8:23 AM To: Wells, Wayne Subject: FW: SON Response to. SK Residents FINAL (08 11 08) - - - -- Original Message---- - From:. Jim Strenski [ mailto :strenski @jjconsulting.org] Sent: Sunday, August 17,. 2008 3:24 PM To: Watkins, Sherry; Wells, Wayne Cc: Hibbard, Frank; Gibson, Paul; Doran, John; Cretekos, George; Petersen, Carlen Subject: SON Response to SK Residents FINAL (08 11.08) Re: Cabana Club Hotel Plans - -- Please carefully consider the attached response to the 8/6 Martin Smith letter re: Legg Mason's hotel plans. This SON response addresses a variety of important points that deserve the attention of all CDB members, points not addressed by Legg Mason. May I also respectfully question Legg Mason's last minute postponment of the 8/19 CDB. hearing to 9/16/08 ?. It wasn't for lack of a quorum... A nu mber of concerned citizens built their week around the August date. What's to. prevent Legg Mason from asking for additional postponments to suit their needs? Don't citizen's needs dererve respect? Thanks for your time. James B. Strenski, #1205, 1200 Gulf Blvd. August 11, 2008, Dear Concerned Neighbors of Sand Key: We are writing to you in response to. a letter you may have received from Martin Smith, Managing Director of the Belleview Biltmore Resort. Legg Mason owns the Cabana Club Restaurant property and the Belleview Biltmore Resort. Save Our Neighborhood (SON) is assuming Mr. Smith is speaking on behalf of the owner and his employer, Legg Mason. Mr. Smith's letter is very disconcerting and we will do our best to address each issue that is raised and bring to light issues that are not addressed. Use of the Beach: Legg Mason intends to place canvas cabanas, plant grass and install pavers on 25' of beach property west of the Coastal Construction Control Line (CCCL). The purpose of the CCCL is to protect the beach and property and that is why it is regulated by the state. The cabanas would not be removed at night and only in case of storms. This part of the beach is habitat for sea turtle nests and sea oats.. Relying on the legalese argument, Legg Mason is technically correct that this is not a "taking ", but a "use" of the beach because it falls within Legg Mason's property lines.. However, we fail to see the practical difference in terms of the effect on the beach. Historically, this is the narrowest part of the beach on the island. Presently, it measures 110' in comparison to the 900' width at the north end of the island.. Parking: Legg Mason says that 56 parking spaces on the property. exceed the City's code requirement of 38 spaces and the actual parking demand for a hotel of this size. They are correct that the Code requires one 10/1/2008 August 11, 2008 � • Page 2 of 3 parking space per hotel room. What Legg Mason doesn't tell you is that its proposed restaurant is much larger than necessary to serve its hotel patrons. It is defining the restaurant as an "accessory" use and linking it to the Belleview Biltmore Hotel in Belleair to avoid providing parking for restaurant guests. An example of an accessory use restaurant would be "Rusty's" at the Sheraton on Sand Key where the number of hotel rooms exceeds the number of restaurant seats. Legg Mason's July 14th plans show restaurants with 165 seats, which is far more seats than necessary for a 38 room hotel. The restaurant will be open to guests from the 425 room Belleview Biltmore and the public. Applying the common sense test - where do 20 -25 employees, the Cabana Club Hotel guests, the Belleview Biltmore Hotel guests, and the public who frequent the restaurant, park their vehicles? Legg Mason's answer is that it will shuttle its employees and the Belleview Biltmore guests, however, it is disingenuous to claim all employees, managers and hotel guests with vehicles, will use the shuttle. And where will the shuttle buses park? This is another example of Legg Mason's failure to act as a good neighbor. Our community will suffer the results of insufficient parking. Height: According to Legg Mason, the proposed hotel is NOT "100. feet tall" or a 90 -story high restaurant/hotel complex." Legg Mason says it is a "boutique" hotel that is only 67 feet high, or 6 stories over one story of parking). Again, Legg Mason is using the Code language to circumvent the answer to the question that the neighbors have been asking for months - How high will the building be? Practical people think of building height from the ground to the top of the roof. Simple math says 14 feet (parking) + 67 feet (building) + 10 feet (to top of roofline) = 91 feet give or take. Using Dan's Island on the south side of the property as a bench mark, the roof line falls somewhere between the ninth and tenth floor of that neighboring condominium building (90'- 100'). Setbacks and Location of Building: It is impossible to build Legg Mason's proposed hotel/restaurant on this small site without numerous deviations from the City's Code. What is not mentioned in their letter is that the City's Code requires them to have a lot 200 feet wide in order to build a structure of the size proposed. In order to squeeze this oversized building onto this small site, Legg Mason is asking for a reduction of the lot width requirement to 88 feet. As a result they also have to ask for more deviations to the code in the form of "setbacks" for three out of four of the property lines: a. The Code requires that the parking lot pavement be setback 25 feet from Gulf Boulevard. They want that requirement reduced to 5 feet. b. On the north side of the building the Code requires them to be set back from their property line, zero to ten feet.. They want that requirement reduced to Zero. c. On the west/Gulf side, they want to build the hotel building right up to the Coastal Construction Control Line. The Code requires them to build it back 20 feet. The bottom line is that there is nothing "boutique" or "modest" about this proposed hotel on this site. Dock: Legg Mason says it has deleted all references to the use of the dock on Gulf Boulevard from its pending application "due to the community input and concerns" and after evaluating its options will, once, again address this issue. What Legg Mason does not tell you is: 1) they made an offer to purchase an alternative piece of property on the same canal that has not been withdrawn; and 2) that eleven days after making this statement in their July resubmission of their application to the City, their attorney sent a letter to the Condominium property to which the dock at issue abuts threatening to move forward with an application for the permits and to begin using the dock. Thus, their public statements that they are not pursuing use of the dock at this time is disingenuous. There appears to be no reason to believe that Legg Mason has abandoned an earlier stated intention of ferrying its guests from its 425 hotel rooms at the Belleview Biltmore Resort down a canal that is exclusively residential with private marinas and manatees enjoying a habitat that sustains them. Adverse Financial Impact on Neighborhood: What we fail to see in Legg Mason's letter is any reference to the significant financial harm that will be caused to the home value of over 100 families who live in the residential properties that surround this less than one acre piece of commercial property should this hotel /restaurant be constructed as planned. Concerns of the Community: In addition to the contrary positions Legg Mason has taken publicly and privately regarding its consideration of the "community concerns" on the dock issue, Legg Mason denied a request by SON for a public meeting in July on Sand Key, or even in Clearwater, to allow Legg Mason's 10/1/2008 August 11, 2008 � • Page 3 of 3 final building plans to be presented and reviewed with Sand Key residents. Instead, Legg Mason held the meeting at the Belleview Biltmore Resort where the majority of attendees were not Sand Key residents, and attendance was small. . Take It Or Leave It: Legg Mason conducted two public. presentations on Sand Key in February and March before the plans were final in July. At both meetings, residents asked if Legg Mason would consider another redevelopment plan, but that was summarily dismissed with the attitude of "take it or leave it." ; If Legg Mason had been a good neighbor and engaged the community in a true dialogue, they would have learned that the community welcomes redevelopment of this site within the City's Code and without deviations. Ideas. such as a 4 5. star restaurant, private beach club, smaller hotel, spa, or, beach villas have been made.. Legg Mason's letter implies that if you do not accept their proposed hotel, your only option is a gas station, liquor store, nightclub or a used car lot. Again, this is another- disingenuous response as such uses would, be economically unrealistic considering the site is valuable beach front property. SON supports the redevelopment of this site within the parameters of the City's Code, but, without the need for deviations and for our community to be engaged in an open and honest dialogue that does not hide the real intentions of the developer. We hope this response has been informative and helpful. Sincerely, Cynthia L. Remley on behalf of SAVE OUR NEIGHBORHOOD 10/1/2008 0 Page 1 of 1 Wells, Wayne From: Wells, Wayne Sent: Monday, August 25, 2008 11:32 AM To: 'richard @rjha.net' Subject: Legg Mason Proposal File #FLD 2008 -02002 FYI - See attachment. - - - -- Original Message---- - From: Watkins, Sherry Sent: Monday, August 25, 2008 8:30 AM To: Wells, Wayne Subject: FW: Legg Mason Proposal File #FLD 2008 -02002 - - - -- Original Message---- - From: Ardith Shipley [ mailto :wonderchefSO @hotmail.com] Sent: Tuesday, August 19, 2008 6:51 PM To: Hibbard, Frank; Doran, John; Petersen, Carlen; Cretekos, George; Gibson, Paul; Watkins, Sherry Subject:, Legg Mason Proposal File #FLD 2008 -02002 Dear Mayor, City Council and Community Development Board Members: Attached is a copy of our letter to the St. Petersburg Editor that was published on Tuesday, August 19, 2008 which expresses a very limited scope of our overall multiple concerns with the proposal of Legg Mason to squeeze a building on to an 88 foot wide lot that requires 200 feet under the City's code. We were shocked to hear that City Planner, Wayne Wells, "recommended" approval of this and all of the numerous other variances requested by Legg Mason. We thought that variances are only granted when the applicant can establish a need based on safety or ecological reasons and are minor in scope. That's the way that it has always worked in other places that we have lived. We never dreamed that the City would grant variances that sacrifice our neighborhood and property values so that some out -of -state billion dollar company could flip their property and make a quick profit at the expense of so many families. Does the City have a policy on granting variances, or is the only guideline to give developers exactly what they want and ignore the neighborhood and needs of its citizens and residents? Michael & Ardith Shipley Get thousands of games on your PC, your mobile phone, and the web with Windows@. Game with Windows 10/1/2008 Wells, Wayne From: Wells, Wayne Sent: Monday, August 25, 2008 12:58 PM To: 'richard @rjha.net' Subject: Cabana Club FYI - - - -- Original Message---- - From: Watkins, Sherry Sent: Monday, August 25, 2008 8:29 AM To: Wells; Wayne Subject: FW: - - - -- Original Message---- - From: Cheryl Hopler [ mailto:chopler @tampabay.rr.com] Sent: Monday, August 18, 2008 9:41 PM To: Cretekos, George Cc: Manni, Diane; Watkins, Sherry Subject: Re: George, Thanks for the informative letter. Who would need to give them permission to build on 25 feet of the beach? Hopefully, Environmentalists and the State, as I am quite sure that would take years and they would not let it happen. This is my biggest objection as I feel it is ALL of our responsibilities to protect our precious environment especially our limited Coastline and Beach. Maybe I should alert them to this proposed project. I think I will. Cheryl Hopler - - - -- Original Message - - - -- From: < george .cretekos@myclearwater.com> To: <chopler @tampabay.rr.com> Cc: <Diane.Manni@myClearwater.com >; < Sherry .Watkins@myClearwater.com> Sent: Monday, August 18, 2008 9:19 PM Ms. Cheryl Hopler 1340 Gulf Boulevard, #15C Clearwater, FL 33767 Dear Cheryl: Thank you for advising me of your concerns over the proposed redevelopment of the "Cabana Club" property on Sand Key. As you know, a completed application for a change in the development plan, as presented by the Legg -Mason developers, will be considered by the City of Clearwater's Community Development Board. For now, there is no zoning application pending since the property is currently zoned "C" (commercial), which allows for hotel development. Because of.the type of modification being requested, I am told that the City Council will review the application only if the developer requests an increase in density units per acre. In the meantime, I have expressed your concerns directly to the Community Development Board and its staff representative, and you may also wish to attend one of CDB meetings which are held on the third Tuesday of each month. It is this board that has the authority to approve the site plans, and its consideration of the Legg Mason proposal is being postponed until September 16, 2008, at 1:OOpm. Again, thank you for taking time to advise me of your views, and with 1 • • warmest, personal regards, I am Sincerely, -- george george n. cretekos member, clearwater city council 727 - 562 -4050 george .cretekos@myclearwater.com <mailto: george .cretekos@myclearwater.com> (please note that under florida's public record laws, written communications, including e- mails, to and from members of city council regarding official business are public record and will be made available to all members of the clearwater city council and the press) Page 1 of 1 0 0 Wells, Wayne From: Wells, Wayne Sent: Monday,. August 25, 2008 12:54 PM To: 'richard @rjha.net' Subject: Legg Mason trying to build a hotel on Sand. Key (File #FLD2008- 02002) FYI - - - -- Original Message--- - From: Watkins, Sherry Sent: Monday, August 25, 2008 8:29 AM. To:. Wells,. Wayne Subject: FW: Legg Mason trying to build a hotel on Sand. Key (File #FLD2008- 02002) - - - -- Original Message---- - From: BARBGOLF @aol.com [mailto:BARBGOLF @aol.com] Sent: Tuesday, August 19, 2008.8:37 AM To: Watkins, Sherry; Hibbard, Frank; Doran, John;. Petersen, Carlen; Cretekos,. George;. Gibson, Paul Subject: Legg Mason trying to build a hotel on Sand Key (File #FLD2008- 02002) Please give my message to CDB members. What on earth is the matter with Wayne Wells? Why would he approve. an application from a company that is trying to circumvent every rule and code in the book? This company wants to take public beach, supported by public funds, for its own private. use. They want to build a huge building on a lot that's less than half the required size.. They even want to. build it higher than code. They are trying to. get away with less parking than required by not mentioning the restaurant will be larger than a normal hotel restaurant. Where will all the employees park -- they're not all going to ride a trolley! Running a ferry up and down the canal is a terrible idea. We won't have any plant or sea animal life there any more. If people on Sand Key wanted to live in an area like Miami Beach, they would have moved there!. Barbara Ferree, owner of two condos at 1591 Gulf Blvd.. * * * * * * * * * * * * ** It's only a deal if it's where you want to. go. Find your travel deal here. (http: // information. travel.aol.com / deals ?ncid= aoltrv00050000000047) 10/1/2008 0 0 Wells, Wayne From: Wells, Wayne Sent: Thursday. August 21, 2008 2:15 PM To: 'richard @rjha.net' Cc: 'CTarapani @fldesign.com'; 'treynolds @randertlaw.com' Subject: August CDB meeting Richard - The August CDB meeting has been rescheduled for Tuesday, August 26, 2008, at 1:00 pm in City Council Chambers, City Hall. Wayne - - - -- Original Message---- - From: Wells, Wayne Sent: Monday, August 18, 2008 3:31 PM To: ' Cyndi Tarapani' Subject: CDB meeting City offices will be closed tomorrow. I will let you know the date and time of the rescheduled August CDB meeting. - - - -- Original Message---- - From: Cyndi Tarapani [mailto:CTarapani @fldesign.com] Sent: Monday, August 18, 2008 12:09 PM To: Wells, Wayne Cc: treynolds @randertlaw.com; richard @rjha.net Subject: CDB meeting Wayne- will the City cancel the CDB meeting in light of the storm? When will the City make that decision? Thanks- 1 0 0 Wells, Wayne From: Wells, Wayne Sent: Thursday, August 21, 2008 125 PM To: 'Cyndi Tarapani' Cc: Tefft, Robert Subject: August CDB meeting Cyndi - My•understanding from Robert Tefft is that we have at least a quorum of the CDB members. If your question is regarding audience attendance, who knows. We will find out when we get there. Wayne - - - -- Original Message---- - From: Cyndi Tarapani [mailto:CTarapani @ fldesign.com] Sent: Thursday, August 21, 2008 2:31 PM To: Wells, Wayne; richard @rjha.net Cc: treynolds @randertlaw.com Subject: Re: August CDB meeting Wayne -what attendance are you expecting for next week's meeting? Thanks - - - -- Original Message---- - From: <Wayne.Wells@myClearwater.com> To: richard @rjha.net CC: Cyndi Tarapani <CTarapani @fldesign.com> treynolds @randertlaw.com Creation Date: 8/21 2:14 pm Subject: August CDB meeting Richard - The August CDB meeting has been rescheduled for Tuesday, August 26, 2008, at 1:00 pm in City Council Chambers, City Hall. Wayne - - - -- Original Message---- - From: Wells, Wayne Sent: Monday, August 18, 2008 3:31 PM To: 'Cyndi Tarapani' Subject: CDB meeting City offices will be closed tomorrow. I will let you know the date and time of the rescheduled August CDB meeting. - - - -- Original Message---- - From: Cyndi Tarapani [mailto:CTarapani @ fldesign.com] Sent: Monday, August 18, 2008 12:09 PM To: Wells, Wayne Cc: treynolds @randertlaw.com; richard @rjha.net Subject: CDB meeting Wayne- will the City cancel the CDB meeting in light of the storm? When will the City make that decision? Thanks. 1 :7 Wells, Wayne From: Wells, Wayne Sent: Thursday, August 21, 2008 3:51 PM To: 'Cynthia L. Remley, Esq.' Cc: 'richard @rjha.net'; Tefft, Robert Subject: August CDB Meeting • Cynthia - We will have at least a quorum of the CDB members at next Tuesday's meeting. The request by Legg Mason's representatives is to continue the public hearing on their application to the September 16, 2008, CDB meeting. Wayne - - - -- Original Message---- - From: Cynthia L. Remley, Esq. [mailto:Cynthia @ProRemLaw.com] Sent: Thursday, August 21, 2008 3:43 PM To: Wells, Wayne Cc: herbm @asystems.com Subject: RE: August CDB Meeting Importance: High Wayne: We wish to confirm -that all members of the CDB will not be present at the August 26th hearing and that Legg Mason's application will NOT be heard. Thank you. Cynthia - - - -- Original Message---- - From: Wayne.Wells@myClearwater.com [ mailto :Wayne.Wells@myClearwater.com] Sent: Thursday, August 21, 2008 2:12 PM To: Cynthia @ProRemLaw.com; herbm @asystems.com Subject: August CDB Meeting Cynthia /Herb - The August CDB meeting has been rescheduled for Tuesday, August 26, 2008, at 1:00 pm in City Council Chambers, City Hall. Wayne > - - - -- Original Message - - - -- • From: Wells, Wayne • Sent: Monday, August 18, 2008,3:42 PM • To: ' Cynthia @ProRemLaw.com'; 'herbm @asystems.com'. • Subject: August CDB Meeting Canceled > > Please be advised that the City offices will be closed tomorrow, Tuesday, August 19, 2008, due to Tropical Storm Fay. The August CDB meeting-will be rescheduled. As soon as we know the date and time of such rescheduled meeting, I will inform you. Thanks. • Wayne M. Wells, AICP • Planner III • City of Clearwater • 100 South Myrtle Avenue • Clearwater, FL 33756 -5520 • Phone: 727 - 562 -4504 • Fax: 727 - 562 -4865 > NOD32 3375 (20080821) Information 0 1 Page 1 of/ Wells, Wayne. From: Wells, Wayne Sent: Thursday, August 21, 2008 2:04 PM To: 'richard @rjha.net' Subject: Cabana Club AU - - - -- Original Message---- - From: LikeGERE @aol.com [mailto:LikeGERE @ aol.com] Sent: Thursday, August 21, 2008 1:58 PM To: Wells, Wayne Subject: (no subject) Dear Mr. Wells, I am taking the time to write this letter of support for the Belleview Biltmore improvement project because I see it as a genuine benefit to the community. Several months ago a study was conducted to find what would best benefit Clearwater in generating the eroded tourism income. It was determined that more mid priced hotel rooms were badly needed, that past removal of hotels which were replaced by luxury condos had hurt the economy. It appears to me that the addition of rooms at the Cabana Club is a direct positive answer to this dilemma. I'm really confused as to what the objections TRULY are other than people that have way too much time on their hands that oppose any sort of change! I have visited the web site that is listed on those ugly red protest signs (which I doubt are actually legal in their placement) I sent a friendly email to the address on that web site asking how the project would actually damage or inconvenience them and have received no reply. 1 understood their objection to the small strip shopping center south of the Marriott being removed, 1 could understand that some may walk to the restaurants grocery store etc in that center and that they might be unconvinced if it were no longer there, that to me is logical. I live in Indian Rocks Beach and drive by the Cabana Club frequently both by car and by boat. The Cabana Club property is truly a pleasure to the eyes as compared to the looming concrete jungle of condos that line the beach. I look forward to spending a weekend on the beach and relaxing in a cabana on the sand at the Cabana Club, please do all that is possible to allow this restoration and improvement project to get under way. Best personal regards, Byron Dougherty 10/1/2008 RAHDERT, STEELS, BOLE & REYNOLDS, P.A. ATTORNEYS AT LAW THE ALEXANDER BUILDING 535 CENTRAL AVENUE ST. PETERSBURG, FLORIDA 33701 -3703 GEORGE K. RAHDERT ALISON M. STEELE BRADLEY M. BOLE THOMAS E. REYNOLDS LAYLA K. McDONALD WAYNE WELLS, Planner III Community Development Board City of Clearwater 112 S. Osceola Avenue, 3rd Floor Clearwater, FL 33756 -5103 August 18, 2008 TELEPHONE: (727) 823 -4191 FACSIMILE: (727) 823 -6189 via E -MAIL: Wayne. Weils(c MyClearwater.com RE: CASE NO. FLD2008 -02002 Property Address: 1590 Gulf Boulevard Owner: - Belleview Biltmore Owner, LLC Date of Meeting: August 19, 2008 Dear Mr. Wells: This office represents Legg Mason Real Estate Investors, Inc. with respect to the above - referenced case. We have been advised that three (3) of the CDB members will not be able to attend the regular meeting on August 19, 2008. My client believes that it is appropriate to have this case considered at a meeting at which all members are present. Accordingly, pursuant to Article 5, .Section 4 of the CDB Rules and Section 5 =203, of the City Code, ,kve. are herehy reel iF sting.- a'co?'t'_nua,, -ic ,)f th;s case until the next regL h-11y -hed .-d meeting of the CDB. If you need any additional information or documentation in order to process this request for continuance, please contact me. Very truly yours, homas E. Reynol s TER/kms xc via e-mail): Joseph Penner Richard HeisA 4 es ; AM 2 5 AN, - ! Cynthia Tarapani Amy Maguire Martin Smith G. Michael Harris Pt.ANNi; " ; G,_vEt- OPMENT Alan S. Zimmit, Esq. I S E V10ES OF C!- .EARWATER Page 1 of 2 Wells,. Wayne From: Wells, Wayne Sent: Monday, August 18, 2008 10:18 AM To: 'Karen Sharkey' Subject: Belleview Biltmore -- Cabana Club -- CDB Meeting 8/19/08 Sensitivity: Confidential would just bring it to the meeting tomorrow. I assume someone of the applicant team will be in attendance at the meeting. Will you also be sending the original letter of request to continue the meeting, or is the attachment the original ?. If you will be sending the original, I would also just bring it to the meeting tomorrow (unless you have already mailed it).. - - - -- Original. Message - - - - -. From: Karen. Sharkey. [mailto:KSharkey @randertlaw.com] Sent: Monday, August 18, 2008 10:02 AM To: Wells, Wayne Subject:. RE: Belleview Biltmore -- Cabana Club - CDB Meeting 8/19/08 Sensitivity:. Confidential Thank you Mr. Wells.. Do you require the $75.00 check today? Karen M. Sharkey, Paralegal to Thomas E. Reynolds, Esq. Randert, Steele, Bole & Reynolds, P.A. 535 Central Avenue St. Petersburg, FL 33701 ksharkev randertlaw.com (727) 823 -4191 (727) 823 -6189 Telefax NOTE: This e-mail may contain PRIVILEGED and CONFIDENTIAL information and is intended only for the use of the specific individual(s) to which it is addressed. If you are not the intended recipient of this e-mail, you are hereby notified that any unauthorized use, dissemination or copying of this e-mail, or the information contained in it or attached to it, is strictly prohibited. If you have received this e-mail in error, please delete it and immediately notify the person named above by reply e- mail.. From: Wayne.Wells @myClearwater.com [ mailto :Wayne.Wells @myClearwater.com] Sent: Monday, August 18, 2008 9:53 AM To: Karen Sharkey Subject: Belleview Biltmore -- Cabana Club -- CDB Meeting 8/19/08. Sensitivity: Confidential Thank you for the letter. There is a $75.00 fee to continue the application to the September 16th CDB meeting. Please remit a check in that amount to me (made out to City of Clearwater).. . 11. • • Page 2 of 2 - - - -- Original Message - - - - -. From: Karen Sharkey [mailto:KSharkey @randertlaw.com] Sent:. Monday, August 18,. 2008 9:37 AM To: Wells, Wayne Cc: Joe Penner; Richard Heisenbottle; Cyndi Tarapani;. msmith @belleviewbiltmore.com; Maguire, Amy; azimmet @zimmetunice.com; gmh @tampabay.rr.com Subject: Belleview Biltmore -- Cabana Club - CDB Meeting 8/19/08. Importance: High Sensitivity: Confidential Please see attached correspondence. Karen M. Sharkey, Paralegal to Thomas E. Reynolds, Esq. Randert, Steele, Bole & Reynolds, P.A. 535 Central Avenue St. Petersburg, FL 33701. ksharkey@randertlaw.com (727) 823 -4191 (727) 823 -6189 Telefax NOTE: This e-mail may contain PRIVILEGED and CONFIDENTIAL information and is intended only for the use of the specific individual(s) to which it is addressed. If you are not the intended recipient of this e-mail, you are hereby notified that any unauthorized use, dissemination or copying of this e-mail, or the information contained in it or attached to it, is strictly prohibited. If you have received this e-mail in error, please delete it and immediately notify the person named above by reply e-mail. 8/18/2008 . • Page 1 of 1 Wells, Wayne From: Wells, Wayne Sent: Monday, August 18, 2008 8:48 AM To: 'richard @rjha.net' Subject: Cabana Club FYI - - - -- Original Message---- - From: Bruce Larson [mailto:blarson @larsonco.com] Sent: Monday, August 18, 2008 8:16 AM To: Wells, Wayne Subject: Sir, please consider this a vote in support for the proposed improvements to the Cabana Club on Sand Key. Bruce Larson 8/18/2008 0 • Page 1 of 2 Wells, Wayne From: Wells, Wayne Sent: Monday, August 18, 2008 8:46 AM To: 'richard @rjha.net' Subject: Case #FLD2008 -02002 l; - - - -- Original Message---- - From: Julie Pappas [mailto:juliepappas @suncoastsurfrider.org] Sent: Monday, August 18, 2008 6:18 AM To: Wells, Wayne Subject: Re: Case #FLD2008 -02002 Thank you Wayne. I would appreciate any corrections to the information posted on Suncoastsurfrider.org. We want our members to be informed correctly on this issue. The other organization that contacted us is S.O.S. (save our shoppes) Be safe over the next couple of days, sir. Respectfully, Julie Wayne. Wells@myClearwater.com wrote: Julie - I am the case planner for this application. I would appreciate you contacting me regarding the proposal for this property and coming in to view the official record application. I assume that your writing of this email of opposition was written based on factual, current information. Your email indicates other not for profit organizations have contacted you, but your website indicates only S.O.N. (Save Our Neighborhood).. Your website has some misinformation regarding this application. My goal in responding to you is to ensure you have the factual information to make a decision of whether to oppose, support or not to take a position on this application. Please also be aware that the City Council members you have.written your email to will not be voting on this application at all, as the decision on this application rests with the Community Development Board (CDB). Your email will be forwarded to the CDB. Wayne - - - -- Original Message---- - From: Watkins, Sherry Sent: Friday, August 15, 2008 8:08 AM To: Wells, Wayne Subject: FW: Case #FLD2008 -02002 - - - -- Original Message - - - -- From: Julie Pappas [ mailto: juliepappas @suncoastsurfrider.org] Sent: Thursday, August 14, 2008 11:15 PM To: Frank.Hibard @myclearwater.com; Gibson, Paul; Doran, John; Cretekos, George; Watkins, Sherry; Petersen, Carlen Subject: Case #FLD2008 -02002 Dear Clearwater City Council Members, 8/18/2008 Page 2 of 2 i Good evening. My name is Julie Pappas, I am the chapter secretary of Suncoast Chapter of the Surfrider Foundation. We are an international not for profit organization founded in 1984 whose mission is for the protection and enjoyment of the worlds oceans, waves and beaches for all people through conservation, activism, research, and education. Recently, other not for profit organizations contacted our chapter and presented Case #:FLD2008 -02002 (1590 Gulf Blvd.). In brief, the case is about the reconstruction of the Cabana Club Restaurant site, on Sand Key, and the related ferry boat in the intercostals waterway. Our chapter opposes the building proposed plan of going beyond the allowed variances where it comes to infringing on the public beach immediately. west of the site. Encroaching towards the Gulf may inhibit wildlife and shorten the beach.. With the buildings being so near to the shoreline the natural beach dynamics may suffer. Closer buildings mean the possibility. of more lighting on the Gulf side. of the site. Several sea turtles chose the warm sand of Sand Key to nest their eggs this year. False moonlight attracts hatchling sea turtles away from the Gulf. Sand Key, on a regular renourishment schedule, isn't very wide to begin with. But despite this fact, healthy dune . habitat can be seen all up and down the beach. According to the case, the plan calls for twenty-five feet of public beach for semi - permanent, private cabanas. Twenty-five feet on what would be healthy dunes, thus more natural armoring, if they would prohibit people trampling it, as they do now. The encroachment may lead to a narrower beach which would lead to, one could suppose, more manmade beach armoring to gain back the protection of the shore. Clearwater is a fine city. because folks like you have the say in what matters. Consider the health of the beach when deciding to grant the extended variances on this case. We ask you to personally view the area of concern.. And decide on the side of preserving what's natural on the cities proud coastline. Generations of plants, animals and people will benefit far. better in the long run.. Respectfully, Julie Pappas Suncoast Chapter Surfrider Foundation 8/18/2008 LL rwater 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: F- c.[:�Ard Av_i SP.•1bo 4e- DATE: 'Uhl-bob FAX: 3. oS- 9 -`i-(o 92,-7 TELEPHONE: 3%)s- ++� - 77 p 9 FROM: Wayne M. Wells TELEPHONE: (727) 562 -4504 SUBJECT: L t4 y-3 trr S.• ,� o s �' ��3•�i I MESSAGE: L t4fe- r I i Qver� Llh 0 � 1 er 1 `Awrga cL t-i,-ri _ Wool&zl NUMBER OF SHEETS (INCLUDING THIS PAGE): 0' Wells, Wayne From: Cyndi Tarapani [CTarapani @fldesign.com] Sent: Wednesday, August 13, 2008 4:57 PM To: Wells, Wayne Subject: Cabana Club -addl documents PDF PDF, 263 Cabana -C East Elevation lub- Survey.pdf4 -6.06 color le.. Wayne -here are the East Elevation and Survey. you need additional info. Thanks for calling. Cyndi Tarapani Vice President, Planning Florida Design Consultants ctarapani @fldesign.com Office: 727 - 849 -7588 Cell: 727 - 234 -7857 Fax: 727 - 848 -3648 1 Please let me know if • Wells,. Wayne From: Cyndi Tarapani [CTarapani @fldesign.com] Sent: Wednesday, August 13, 2008 4:27 PM To: Wells, Wayne Subject: Cabana Club Graphics PAF.r vDF' .PDF, ;� RDF P,DF. • Color Site plan East rendering West West elevation N -S Elevation 3 x11 reduced .A -6.00 color le..!ring A -6.01 colc4 -6.07 color le.A -6.08 color let.. Wayne -as you requested, please find attached the color graphics for the Cabana Club that were submitted for the CDB hearing. I still need to send you the East Elevation and the survey and will do so tomorrow early. Please let me know if you need further information. Thank you. Cyndi Tarapani vice President, Planning Florida Design Consultants ctarapani@fldesign.com Office: 727 - 849 -7588 Cell: 727 - 234 -7857 Fax: 727 - 848 -3648 0 0 � x O }£ r! rwate r r U 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: Cp/ 2 p DATE: 011-3106 FAX: 30S- - (v - q 2-7S TELEPHONE: 3 v-1-- 1$i6 - 7 711 FROM: Wayne ls M. Wells TELEPHONE: (727 562 -4504 SUBJECT: Le4e r-i d 7r D p o o T ,)l a-V MESSAGE: NUMBER OF SHEETS (INCLUDING THIS PAGE): 14— • • LL - rwater U 0 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: Cl� T7�i S eM �vi�"J� DATE: 0 f / 3b8 SUBJECT:1 FAX: 3 O,S - +4 (o - ?,Z 7J TELEPHONE: 3OS - +4(o - 7 71 FROM: Wayne M. Wells TELEPHONE: (727) 562 -4504 SUBJECT:1 -a MESSAGE: J NUMBER OF SHEETS (INCLUDI-NG THIS PAGE): Page 1 of 1 0 0 Wells, Wayne From: Wells, Wayne Sent: Friday, August 08, 2008 5:29 PM To: 'richard @rjha.net' Subject: Legg Mason's Proposed Cabana Club Hotel FYI - - - -- Original Message---- - From: Watkins, Sherry Sent: Friday, August 08, 2008 2:09 PM To: Wells, Wayne Subject: FW: Legg Mason's Proposed Cabana Club Hotel - - - -- Original Message---- - From: InfanteD @aol.com [mailto:InfanteD @aol.com] Sent: Friday, August 08, 2008 11:44 AM To: Doran, John Cc: Watkins, Sherry Subject: Legg Mason's Proposed Cabana Club Hotel Dear Councilman Doran; As a concerned resident who is committed to maintaining the residential environment of Sand Key, I must protest in the strongest possible terms Legg Mason's proposed Cabana Club Hotel plans. The Legg Mason proposed plan flunks any common sense test. Specifically: • They are seeking numerous deviations from the City Code to build a hotel that is too large for the site. • Their proposal exceeds allowed boundary lines. • Their proposal takes 25 feet of public beach made possible by tax dollars - this is by far the most ludicrous of their requests. • Adequate parking is not provided for in their proposal. • Proposes initiation of a ferry boat into a residential lined canal • Could result in a 10 story tall building where only 4 stories is allowed by Code I respectfully request that you assert the full power of your position to ensure that the Clearwater Community Development Board (CDB) disapprove the Legg Mason request. Please do not underestimate the determination of Sand Key residents to do whatever is required to ensure that Sand Key remain a residential community. Thank you for remaining sensitive to the wishes of the citizens in your community. Sincerely, Don Infante Major General, USA (Ret.) Looking for a car that's sporty, fun and fits in your budget? Read reviews on AOL Autos. .. 11. ' Page 1 of 1 Wells, Wayne. From: Karen Sharkey [KSharkey @randertlaw.coml Sent: Thursday, August 07, 2008 1:25 PM To: azimmet @zimmetunice.com Cc: Joe Penner; Richard Heisenbottle; Cyndi Tarapani; Maguire, Amy; msmith @belleviewbiltmore.com; Wells, Wayne Subject: Belleview Biltmore - Cabana Club Project Sensitivity: Confidential Please see attached correspondence.. Karen M. Sharkey, Paralegal to Thomas E. Reynolds, Esq. Randert, Steele, Bole & Reynolds, P.A. 535 Central Avenue St. Petersburg, FL 33701 ksharkey@randertlaw.com (727) 823 -4191 (727) 823 -6189 Telefax NOTE: This e-mail may contain PRIVILEGED and CONFIDENTIAL information and is intended only for the use of the specific individual(s) to which it is addressed. If you are not the intended recipient of this e- mail, you are hereby notified that any unauthorized use, dissemination or copying of this e-mail, or the information contained in it or attached to it, is strictly prohibited. If you have received this e-mail in error, please delete it and immediately notify the person named above by reply e-mail. 8/11/2008 0 0 RAHDERT, STEELE, BOLE & REYNOLDS, P.A. ATTORNEYS AT LAW THE ALEXANDER BUILDING 535 CENTRAL AVENUE ST. PETERSBURG, FLORIDA 33701 -3703 GEORGE K. RAHDERT TELEPHONE: ALISON M. STEELE (727) 823 -4191 BRADLEY M. BOLE August 7, 2008 THOMAS E. REYNOLDS FACSIMILE: LAYLA K. McDONALD (727) 823 -6189 ALAN S. ZIMMET, ESQ. . via E MAIL ONLY.• Zimmet, Unice & Salzman, P.A. azimmet6a4zimmetunice.com 2570 Coral Landings Blvd., Suite 201 r Palm Harbor, FL 34684 RE: Distribution of Incorrect Information Regarding the Proposed Cabana Club Project Dear Mr. Zimmet: As you know, this office represents Legg Mason Real Estate Investors, Inc. (hereinafter called "Legg Mason ") with respect to the development of the Cabana Club parcel on Sand Key. My client has requested that I contact you regarding the apparent circulation of incorrect information about the project by your clients, including the group which is headed by Cynthia L. Remley. More specifically, they are representing to the residents of Sand Key and other mem- bers of the public the following "mis- information" concerning our proposed development of this parcel: (a) that we are taking twenty -five (25) feet of public beach for the private use of the Hotel; (b) that we are cutting off public access to the beach; (c) that we are proposing to locate permanent habitable structures on the public beach; (d) that we are proposing to construct a "one hundred (100) foot tall" or "ten story high" hotel / restaurant complex on the site; and (e) that we plan to run a ferry from the Belleview Biltmore Hotel in Belleair to the Sand Key dock every thirty (30) minutes, on a twenty -four (24) hour, seven (7) day per week basis. These allegations are of course factually incorrect, and I am sure are causing needless apprehension to those concerned persons who are being misled as a result. I say this in part ALAN S. ZIMMET, ESQ. August 7, 2008 Page 2 RE: . Distribution of Incorrect Information Regarding the Proposed Cabana Club Project because we have received numerous a -mails from other residents voicing the identical, factually inaccurate concerns. Obviously, they have based their comments upon incorrect information supplied directly or indirectly by your clients. Let me set the record straight: (a) My client is not "taking twenty -,five (25) feet" or any other portion of the public beach "for the use of the hotel." No portion of this project is to be constructed upon the public beach. It will be totally contained within our property. Legg Mason has not requested and does not seek the exclusive use of any portion of the public beach. Thus, the entire public beach will remain open to the public. (b) Moreover, public access to the beach across our property is guaranteed by an existing public access easement located next to the seawall for the entire beachfront width of the site. Our project will not in any way block or diminish this easement. In fact, Legg Mason is committed to maintain- ing this access across the property for all beach visitors. The residents of Sand Key will continue to enjoy the public beach just as the hotel guests will enjoy this beach. (c) Legg Mason does not propose to construct any permanent habitable structures on the public beach. We do plan to place a limited number of removable cabanas along the rear of our property in order to provide hotel guests protection from the sun. These cabanas are obviously not perma- nent structures, and they will be located east of the seawall. As such, they will not block public access to the beach in any way. (d) Your clients are grossly exaggerating the height of the proposed boutique hotel. In point of fact, Legg Mason's application calls for this hotel to be six (6) stories over one (1) floor of parking, or approximately sixty -seven (67) feet high. This is of course lower than all of the structures on the adjoining properties, and is significantly shorter than the Sheraton Sand Key Hotel and the existing Sand Key Condominiums which front the Gulf of Mexico. (e) Finally, Legg Mason has deleted all references in its application to use of the existing Belleview Biltmore Hotel dock on the east side of Gulf Boule- vard. Due to community input and concerns, my client is evaluating other options available at this time. Once our analysis has been completed, Legg Mason will again publicly address this issue. I am frankly concerned that the foregoing "mis- information" may be being purposely disseminated solely for the purpose of creating public opposition to the project.. The application • ALAN S. ZIMMET, ESQ. August 7, 2008 Page 3 RE: Distribution of Incorrect Information Regarding the Proposed Cabana Club Project • and plans which we submitted to the City of Clearwater, all of which are public records and readily available to your clients, clearly establish that there is no basis in fact for the subject allegations and in fact verify the accuracy of my responsive statements. In addition, your clients have had extensive contact with Wayne Wells of the City of Clearwater Planning Department regarding this project. They raised most or all of these same issues with him, and he advised them as to what was actually being proposed. Some of your clients have also attended public presentations at which we explained in detail the proposed development of the property. Under the circumstances, it is difficult to attribute the incorrect information to a simple misunderstanding or innocent misinterpretation of the application and plans. Rather, there seems to be a concerted and calculated effort to promote public sentiment against the project through the release of knowingly incorrect information. For obvious reasons, this is causing damages to my client. I believe you will agree with me that, while your clients are certainly entitled to express their respective subjective opinions about the appropriateness, compatibility, etc thereof, they are not free to intentionally make false statements about the factual aspects of the project. This would of course include any such misrepresentations contained in Internet websites. I am therefore hereby making formal demand that your clients immediately cease and desist disseminating or publishing false information about the proposed project. Their wrongful actions in this regard are causing damages to my client. This needs to stop immediately in order to prevent further damages. There is one additional matter which I need to address. Apparently, some of your clients are displaying renderings of the proposed project prepared by Mr. Heisenbottle on an Internet website. These renderings are of course his property, and he has not authorized the display thereof in this manner. Accordingly, please ask your clients to forthwith remove them from the website. If your clients intend to maintain existing websites (with the renderings removed), please ask them to include this correspondence in order that the public may be fully and accurately informed as to the foregoing matters. Very truly yours, ldl 744" s. Rer Oud TER/kms Thomas E. Reynolds xc (via e- mail): Joseph Penner Richard Heisenbottle Cynthia Tarapani Amy Maguire Martin Smith Wayne Wells, Planner III LL M. Wells Al, � Y a low ater r-L-7 Zeq v S - D ZU (J 7- U 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: �..� GGtpJ- 2 Nei so-r 0 41 Q. DATE: v o FAX: 3 0S- -T- TELEPHONE: 30s- - 146 - 7711 FROM: Wayne M. Wells TELEPHONE: (727) 562 -4504 SUBJECT: r-L-7 Zeq v S - D ZU (J 7- Ct✓ L MESSAGE: L. Q- ,-s / op -�kO i ( oo 'd03t)ivw" �rr' U Ts 10 3 f SdS) NUMBER OF SHEETS (INCLUDING THIS PAGE): i' 0 0 Wells, Wayne From: Cyndi Tarapani [CTarapani @fldesign.com] Sent: Wednesday, August 06,.2008.3:39 PM To: Delk, Michael; Wells, Wayne Cc: Tom. Reynolds; Richard. Heisenbottle; Vicky Gagliano Subject: Cabana Club Tim Haahs Icing Analysis 8• Dear Michael and Wayne- Recently, there have been concerns about the accessory use restaurant to be constructed as part of the Cabana Club hotel. I believe one of your concerns is the parking necessary to serve both the hotel and restaurant. We have prepared a parking demand study by Vicky Gagliano of Tim Haahs Engineers Architects to address your concerns. A copy of that study is attached to this e -mail. We intend to provide it at the CDB hearing but I am providing it earlier to you so you can review it now. The firm of Tim Haahs specializes in parking studies such as these and I believe the firm has worked for the City of Clearwater on other parking issues. As you can see in the study, Tim Haahs identifies that 24 spaces will be actually needed for the 38 -room hotel, based on its occupancy and the amount of guests that drive to the hotel, as opposed to taking a shuttle from the airport. The demand for the restaurant is 14 spaces when considering the peak hour, and the proportion of patrons already staying at the hotel. The total parking demand is 38 spaces generally or 42 spaces to meet the highest peak demand. As you are aware, we propose 56 spaces on the .site, which exceeds the parking demand in the Tim Haahs study. I hope you will consider this additional information in your deliberations. We look forward to discussing the project with you on Friday morning and to answer any questions that you may have. Thank you. Cyndi Tarapani Vice President, Planning Florida Design Consultants ctarapani@fldesign.com Office: 727 - 849 -7588 Cell: 727 - 234 -7857 Fax: 727 - 848 -3648 1 Wells, Wayne From: Cyndi Tarapani [CTarapani @fldesign.com] Sent: Wednesday, August 06, 2008 3:39 PM To: Delk, Michael; Wells, Wayne Cc: Tom Reynolds; Richard Heisenbottle; Vicky Gagliano Subject: Cabana Club KM Tim Haahs Ring Analysis 8- Dear Michael and Wayne- Recently, there have been concerns. about the accessory use. restaurant to be constructed as part.of the.Cabana Club hotel. I believe.one of your concerns is the parking necessary to serve both the hotel. and restaurant. We have prepared a parking demand study by Vicky Gagliano of Tim Haahs Engineers Architects to address.your concerns. .A copy of that study is attached to this e- mail. We intend to provide it at.the CDB hearing but I am providing it earlier to you so you can review it now.. The firm of Tim Haahs specializes in parking studies. such as these and I believe.the firm has worked for the City of Clearwater on other parking issues.. As you can see in the study,.Tim Haahs identifies.that 24 spaces will.be actually needed for the.38 -room hotel, based on its occupancy and the amount.of guests that. drive to the hotel, as opposed to taking a shuttle from the airport. The demand for the restaurant is 14 spaces when considering the peak hour, and the proportion of patrons already staying at the.hotel. The total parking.demand is 38 spaces generally or 42 spaces.to meet the highest peak demand. As you are aware, we propose 56 spaces on the site, which exceeds the parking demand in the Tim Haahs study. I hope you will consider this additional. information in your deliberations. We look forward to discussing the project with you on Friday morning and to. answer any questions that you may have. Thank you. Cyndi Tarapani Vice President,. Planning Florida Design Consultants ctarapani@fldesign.com Office: 727 - 849 -7588 Cell: 727- 234 -7857 Fax: 727 - 848 -3648 1 u www.timhaahs.com TIMOTHY HAAHS & ASSOCIATES, INC. 10305 N.W. 41" Street, Suite 201 Miami, FL 33178 T. 305.592.7123 F. 305.592.7113 August 5, 2008 To: Mr. Richard J Heisenbottle, AIA RJ Hesinbottle Architects 340 Minorca Ave., Suite 10 Coral Gables, Florida 33134 RE: Cabana Club — Belleview Biltmore TimHaahs Project No. MIA07109 The Cabana Club at the Belleview Biltmore Hotel & Resort is a 38 -room hotel with 4,981 SF of on -site restaurant space and 56 parking spaces (3 of which are handicap). The club also includes one loading space for deliveries and back of house operations. We have analyzed the parking requirements for the Cabana Club and have created the following parking model: Programming Proposed Shared - Parking Demand Factors 1 space /room key —Based on 90% Hotel 38 -keys 24 Occupancy, 70% Drive Ratio, 100% peak hour adjustment. 10 spaces /1,000 sq.ft. — Based on 90% Restaurant 4,981 sq.ft. 14 peak hour adjustment, 70% captive adjustment typical for resorts. Total 38 After calibrating our shared parking model for this specific resort in this geographic location, we have identified the peak parking demand would occur at 9 pm on a weekend (Saturday) with a need for 38 parking spaces. It is our opinion that the planned 56 parking spaces would adequately support the parking demand at the Cabana Club given the assumptions listed above. PLANNING 1 ENGINEERING 1 ARCHITECTURE 1 PARKING Mr. Richard Heisenbottle, AIA 0 RJ Heisenbottle Architects August 5, 2008 If on a rare occasion, the hotel should experience a 95% drive ratio and the restaurant experience a 60% captive adjustment, we estimate the peak hour demand to increase to 42 spaces, still under the capacity of the proposed parking area. Therefore, it is our opinion that 42 spaces would satisfy the needs for the Cabana Club on most days and 56- spaces is expected to meet the demand needs on the highest peak days. If additional parking is needed beyond the typical or peak, vehicles can be parked using a valet operation thereby increasing the lot capacity by 20 percent or from 56 spaces to 67 spaces. This results in a surplus of 29 spaces over the typical peak parking demand and a surplus of 25 spaces over the special occasion peak demand. If you have any further questions, please do not hesitate to contact myself or Roamy Valera. Sincerely, Vicky agliano Parking Specialist Tirnfia-"'aT ..:.ESVGINE,'E32S ARCif,TEtTS. 0 . Page 1 of 1 Wells, Wayne From: Wells, Wayne Sent: Tuesday, August 05, 2008.11:04 AM To: 'richard @rjha.net' Subject: Cabana Club FYI. - - - -- Original Message---- - From: Watkins, Sherry Sent: Tuesday, August 05, 2008 9:50 AM To: Wells, Wayne Subject: FW: Cabana Club - - - -- Original Message---- - From: Homenetellen @aol.com [mailto:Homenetellen @ aol.com] Sent: Monday, August 04, 2008 8:46 PM To: Watkins, Sherry Subject: Cabana Club We have been vacationing in Clearwater Beach every summer for as long as I can remember. We knew that someday we would end up purchasing and retiring there. Last October we were ready to look for a condo, after researching the area we knew that Clearwater beach was great for vacationing but to live there would be too comotional.. When we. crossed over the. bridge to look at condos in Sand. Key we knew this was the place to live because it is residential. We purchased in the Harbour North. We found an end unit on the 5th floor with a unobstructed view of the gulf and the city park on the side of us. We had to pay more even in a down market because of the views. We were very disturbed to found out not even a year later that they were talking of building the Cabana Club into a resort or hotel. This would greatly affect our investment and make our residential area become like clearwater beach. We are also upset about them talking about taking some of the beautiful undisturbed beach.. The wildlife on the gulf and the inter costal is so precious. Please do not consider this proposal.. Sincerely yours.. Proud new Sandy Key Owners George & Ellen Fattal. 1581. Gulf Blvd 501. N. 973 - 600 -3665. Looking for a car that's sporty,. fun and fits in your budget? Read. reviews on AOL Autos 8/5/2008 Page 1 of 3 Wells,. Wayne From:. Wells, Wayne Sent: Tuesday,. August 05,.2008.2:32 PM To: 'richard @rjha.net' Subject: Legg- Mason hotel plans -. located at 1590 Gulf Blvd.on. Sand. Key FYI - - - -- Original Message---- - From: Watkins, Sherry Sent: Tuesday, August 05, 2008 2:09 PM To: Wells,. Wayne Subject: FW:. Legg -Mason hotel plans - located at 1590 Gulf. Blvd.on Sand Key - - - -- Original Message---- - From: Doran, John Sent: Tuesday,. August 05, 2008 1:52 PM To: 'DufferRose @aol.com' Cc: Watkins,. Sherry; Manni, Diane Subject: RE: Legg -Mason hotel plans located at 1590. Gulf Blvd.on Sand Key Ms. Rose: I appreciate your interest and involvement in your community, but the Legg Mason matter is a matter before the Community Development Board, not the City Council, and, to date, there is nothing to suggest that Legg Mason intends to ask for anything that would come before the City Council. I am forwarding your email to Sherry Watkins in the Planning Department; she will make it available to the CDB, as is most appropriate. There will an opportunity for personal public input at the CDB meeting on August 19, at which time you can address the CDB on this matter, in person, should you choose. john doran Clearwater City. Council Florida has a very broad public records law. Most written communications to and from government officials regarding government business are public records available to the public and to the media upon request. Your e- mail communications may be subject to public disclosure. - - - -- Original Message--- - From: DufferRose @aol.com [mailto:DufferRose @aol.com] Sent: Tuesday, August 05, 2008.12:58 PM To:. Hibbard, Frank; Doran, John;. Petersen,. Carlen; Gibson, Paul;. Cretekos, George Cc:. Cynthia @ProRemLaw.com Subject: Legg -Mason hotel plans - located at 1590 Gulf. Blvd.on Sand Key bear Mayor Hibberb and City Council members, I am an owner of a Cabana Club condominium and reside in Sand Key approximately 8 months of the year. I will very soon be a permanent resident. I am also a lifelong Floridian, raised in Hillsborough County but summering on the Pinellas beaches almost every year of my life.. 8/5/2008 Page 2 of 3 There are three issues that I would like to address about Legg Mason's plans to build at 1590 Gulf Blvd.: 1. Their taking of 25 feet of public beach access: One of the reasons that I love the Florida beaches so much is not just their beauty, but also because of their access to the public ... and that is the variance that Legg -Mason is requesting that alarms me the most: The taking of 25 feet of public beach. It should not be an area taken away from the public for their own use by any private corporation - not for Legg - Mason, not for any condo in the future, and not for any commercial building in the future. Please do not grant them this public beach footage to use for any reason, to build any structure upon, to set up their temporary cabanas on (they have their lounge chairs out on the public beach as if they own that portion of the beach now) - believe me, they already act as if they own all of the beach in front of their very small 88' wide space.. 2. The environmental impact of building on that beach area will be huge as well. I live on this beach and see the sea oats that have been planted there and it is also an area where the sea turtles often nest.. By granting Legg -Mason this particular variance, you could also be setting an unfortunate precedence, not only for Clearwater but for other beach communities in Florida. I believe that the City of Clearwater has already denied Legg -Mason this particular variance in writing this year and yet they persist in asking for it - as if they could not adjust their architectural plans without using this public beach footage. They simply don't want to change their plans because they believe they will be able to steamroll all of their variances through the CDB and then through City Council. '3. The Cabana Club Condominiums owners have bought our condos primarily because our documents say that we cannot rent out our condos for less than a six month period. On my floor alone, there are 6 full -time residents and 2, including myself, who reside here for most of the year (just not quite retirement age yet). We are not "of a transient nature, nor are we non - resident tourists'. Our owners have a great concern about the type and nature of the building that will be built beside us. Most of the condos on Sand Key also have this six month rental requirement, I believe there are only two condos that do not. Please do not be deceived by Legg Mason's Exhibit B, Section D, Response #1, p. 6. That is just not factual. Yes, there are tourists down on Sand Key Park.. The other variances the are asking for are indeed nervy: the CDB will also be asked to approve deviations to the Code - variances that include: .. Replacing the current structure with a 100 -foot (or 10 -story high) hotel /restaurant complex where the Code only allows for a 25 -foot structure Reducing the number of parking spaces to support the proposed complex Eliminating or reducing the set backs from adjacent property lines.. This is just not a good option for that small piece of space. I am certainly'not against Legg Mason refurbishing their restaurant - it needs it. Or completely changing their plans to become a very small boutique restaurant /hotel of perhaps 10 -12 rooms. I actually stayed in a small boutique restaurant /hotel (6 rooms) for my honeymoon in Houston - and it 8/5/2008 Page 3 of 3 0 0 was a moneymaker for that owner, so it can be done. They just don't want to do that. They are trying to ram a very large square peg down a small round hole and it just won't fit ... not unless you bow down and scrape and let them. Please don't. Thank you.. Julie M. Rose 1582 Gulf Boulevard #1207 Clearwater, FL 33767 303 - 358 -7745 Looking for a car that's sporty, fun and fits in your budget? Read reviews on AOL Autos. N 11: Page 1 of 2 Wells, Wayne From: Wells, Wayne Sent: Tuesday, August 05, 2008.11:00 AM To: 'richard @rjha.net' Subject: Opposition to. Legg Mason's Proposal for the Cabana Club Site - - - -- Original Message---- - From: Watkins, Sherry Sent: Tuesday, August 05, 2008 9:51 AM To: Wells, Wayne Subject: FW: Opposition to Legg Mason's Proposal for the Cabana Club Site - - - -- Original Message---- - From: Ken Peek [ma ilto: Ken. Peek@ profilesma il.com] Sent: Tuesday, August 05, 2008 8:35 AM To: Gibson, Paul Cc: Watkins, Sherry; cynthia @proremlaw.com Subject: RE: Opposition to Legg Mason's Proposal for the Cabana Club Site Dear Mr. Gibson,. I thank you for your response and providing me a better understand the organizational responsibilities. I included Sherry Watkins as an addressee on my original email and trust she will inform the appropriate individuals /agencies.. Again, thank you, Ken Peek From: paul.gibson @MyClearwater.com [ mailto :paul.gibson @MyClearwater.com] Sent: Tuesday, August 05, 2008 6:48 AM To: Ken Peek Subject: Opposition to Legg Mason's Proposal for the Cabana Club Site Dear Gen. Peek, The Legg -Mason application for a hotel at the. site. of the Cabana Club kestaurant is not presently a re- zoning or a land use matter. The Community. Development Board ( "CDB ") will therefore be the body reviewing and approving their redevelopment application. I suggest you direct comments and concerns to the CDB (email c/o sherry,watkins cr myclearw,ater..com) and you should feel free to copy the City Council. You can also contact the Planning Department for updates on the application status. Wayne Wells is the City Planner to whom you should contact for Planning Department status. I regret this looks like we are passing the buck. However, only the CDB. has the. legal authority to make the determination.. Best regards, 8/5/2008 Page 2 of 2 Paul Gibson Councilmember City of Clearwater From: Ken Peek [ma ilto : Ken. Peek @profilesmail.com] Sent: Mon 8/4/2008 5:34 PM To: Hibbard, Frank; Doran, John; Petersen, Carlen; Cretekos, George; Gibson, Paul; Watkins, Sherry Subject: Opposition to Legg Mason's Proposal for the Cabana Club Site To All Addressees: I strongly y oppose Legg Mason's proposal to build a hotel with a 125 seat restaurant at the Cabana Club site, (File #FLD2008- 02002),1590 Gulf Blvd., because it seeks MAJOR code deviations:. • That would drastically affect vertical visibility because it seeks a height deviation from 25 feet that is allowed, to approximately 100 feet or 10 stories, • That would cause significant and widespread negative financial impact to surrounding and nearby properties, • That would not be compatible with to the immediate area that is surrounded by residential condos and homes, • That is too massive for this site because the code rewires a lot width of 200 feet and thev want to build it on lot width of only 88 feet, • That does not provide adequate parking, • To seize 25 feet of our public beach restored with taxpayer's dollars for its financial gain by nutting cabanas and other structures on the site that will stay up all night. In addition, Legg Mason has stated its intentions to ferry guests by boat from its more than 500 room Belleview. Biltmore hotel to the Cabana Club site, every hour -on- the -hour, 7 days a week up a canal of private boat docks and residential homes and condos resulting in undue hardship on the environment and our residential neighborhoods. I strongly urge the City to support redevelopment of this site without deviations to its code. . Sincerely,. KENNETH L. PEEK, JR. Ken Peek Lieutenant General, USAF (Retired) Vice President, Government Solutions Profiles International, Inc.. 1- 800 - 960 -9612 Pro tei t nternatiora Imagine gmt Rem 8/5/2008 From: Watkins, Sherry Sent:. Tuesday, August 05, 2008.9:51 AM To:. Wells, Wayne Subject: FW: Opposition to Legg. Mason's Proposal for the Cabana Club Site - - - -- Original Message - - - - -. From:. Ken Peek [ma ilto: Ken. Peek@ profilesma il.com]. Sent:. Tuesday, August 05, 2008.8:35 AM. To:. Gibson, Paul Cc: Watkins, Sherry; Cynthia @proremlaw.com Subject: RE: Opposition to Legg Mason's Proposal for the Cabana Club Site Dear Mr. Gibson., I thank you for your response and providing me a better understand the organizational responsibilities. I included Sherry Watkins as an addressee on my original email and trust she will inform the appropriate individuals /agencies. Again, thank you, Ken Peek From:. paul.gibson @MyClearwater.com [ mailto :paul.gibson @MyClearwater.com] Sent: Tuesday, August 05, 2008 6:48 AM To: Ken Peek Subject: Opposition to Legg. Mason's Proposal for the Cabana Club Site Dear Gen. Peek, The Legg -Mason application for a hotel at the site of the Cabana Club Restaurant is not presently a re- zoning or a land use matter. The Community Development Board ( "CDB ") will therefore be the body reviewing and approving their redevelopment application. I suggest you direct comments and concerns to the CDB (email c/o sherry .watkinspmycleanvater.com) and you should feel free to copy the City Council. You can also contact the Planning Department for updates on the application status.. Wayne Wells is the City Planner to whom you should contact for Planning Department status. I regret this looks like we are passing the buck. However, only the CDB has the legal authority to make the determination. Best regards, Paul Gibson Councilmember City of Clearwater 8/5/2008 Page 2 of 2 From: Ken Peek [ mailto :Ken.Peek @profilesmaii.com] Sent: Mon 8/4/2008 5:34 PM. To: Hibbard, Frank; Doran, John; Petersen, Carlen; Cretekos, George; Gibson, Paul; Watkins, Sherry Subject:. Opposition to Legg Mason's Proposal for the Cabana. Club Site To All Addressees: I strongly oppose Legg Mason's proposal to build a hotel with a 125 seat restaurant at the Cabana Club site, (File #FLD2008- 02002),1590 Gulf Blvd., because it seeks MAJOR code deviations: • That would drastically affect vertical visibility because it seeks a height deviation from 25 feet that is allowed, to approximately 100 feet or 10 stories, • That would cause significant and widespread negative financial impact to surrounding and nearby properties, • That would not be compatible with to the immediate area that is surrounded by residential condos and homes. • That is too massive for this site because the code requires a lot width of 200 feet and they want to build it on lot width of only 88 feet, • That does not provide adequate parking, • To seize 25 feet of our public beach restored with taxpayer's dollars for its financial gain by nutting cabanas and other structures on the site that will stay up all night. In addition, Legg Mason has stated its intentions to ferry guests by boat from its more than 500 room Belleview Biltmore hotel to the Cabana Club site, every hour -on- the -hour, 7 days a week up a canal of private boat docks and residential homes and condos resulting in undue hardship on the environment and our residential neighborhoods. I strongly urge the City to support redevelopment of this site without deviations to its code. Sincerely, KENNETH L. PEEK, JR. Ken Peek Lieutenant General, USAF (Retired) Vice President, Government Solutions Profiles International, Inc. 1- 800 - 960 -9612 " r ,fir . imagine great people 8/5/2008 aV Page 1 of 3 Wells, Wayne From:. Wells, Wayne Sent: Tuesday, August 05, 2008.10:53 AM To:. 'richard @rjha.net' Subject: Opposition to Legg Mason's Proposal for the Cabana Club Site FYI - - - -- Original Message---- - From: Watkins, Sherry Sent: Tuesday, August 05, 2008 9:51 AM To: Wells, Wayne Subject: FW: Opposition to Legg Mason's Proposal for the Cabana Club Site - - - -- Original Message---- - From: Ken Peek [ mailto :Ken.Peek @profilesmaii.com] Sent: Tuesday, August 05, 2008 8:52 AM To: Cretekos, George Cc: Watkins, Sherry; Cynthia @proremlaw.com Subject: RE: Opposition to Legg Mason's Proposal for the Cabana Club Site Dear Mr. Cretekos, Thank you for your response and understanding of my concerns. I believe Sherry Watkins will make appropriate distribution of my concerns to the CDB Members who. should make the necessary prudent judgments. Again, thank. you. Ken Peek From: george .cretekos @myclearwater.com [ mailto: george .cretekos @myclearwater.com] Sent: Monday, August 04, 2008 8:13 PM To: Ken Peek Cc: Diane.Manni @myClearwater.com Subject: RE: Opposition to Legg Mason's Proposal for the Cabana Club Site General Kenneth. L. Peek, Jr. 1660 Gulf Boulevard Clearwater, FL 33767 Dear General Peek: Thank you for advising me of your concerns over the proposed redevelopment of the "Cabana Club" property on Sand Key. It is my understanding that a completed application for a change in the development plan, as presented by the Legg -Mason developers, will be considered by the City of Clearwater's Community Development Board. For now, there is no zoning application pending since the property is currently zoned "C" (commercial), which allows for hotel development. Because of the type of modification being requested, I am told that the City Council will review the application only if the developer requests an increase in density units per acre. In the meantime, I am pleased you have expressed your concerns directly to the Community Development Board and its staff representative, and you may also wish to attend one of CDB meetings which are held on the third Tuesday of each month (August 19th). It is this board that will approve the site plans. 8/5/2008 IT Page 2 of 3 Again, thank you for taking time to advise me of your views, and with warmest, personal regards, I am Sincerely, -- george n. cretekos george n. cretekos member, clearwater city council ,george.cretekos@myclearwater.com 727 -562 -4050 (please note that any response to this email address is considered public record and, under state statute, must be made available to all members of the city council and the press). From: Ken Peek [ mailto :Ken.Peek @profilesmaii.com] Sent: Mon 8/4/2008 5:34 PM To: Hibbard, Frank; Doran, John; Petersen, Carlen; Cretekos, George; Gibson, Paul; Watkins, Sherry Subject: Opposition to Legg Mason's Proposal for the Cabana Club Site To All Addressees: I strongly oppose Legg Mason's proposal to build a hotel with a 125 seat restaurant at the Cabana Club site, (File #FLD2008- 02002), 1590 Gulf Blvd., because it seeks MAJOR code deviations: • That would drastically affect vertical visibility because it seeks a height deviation from 25 feet that is allowed, to approximately 100 feet or 10 stories, • That would cause significant and widespread negative financial impact to surrounding and nearby properties, • That would not be compatible with to the immediate area that is surrounded by residential condos and homes.. • That is too massive for this site because the code requires a lot width of 200 feet and they want to build it on lot width of only 88 feet, • That does not provide adequate parking, • To seize 25 feet of our public beach restored with taxpayer's dollars for its financial gain by putting cabanas and other structures on the site that will stay up all night. In addition, Legg Mason has stated its intentions to ferry guests by boat from its more than 500 room Belleview Biltmore hotel to. the. Cabana Club site, every hour -on- the -hour, 7 days a week up. a canal of private boat docks and residential homes and condos resulting in undue hardship on the environment and our residential neighborhoods. I strongly urge the City to support redevelopment of this site without deviations to its code. Sincerely,. KENNETH L. PEEK, JR. Ken Peek 8/5/2008 Page 3 of 3 Lieutenant General, USAF (Retired). Vice President, Government Solutions. Profiles International, Inc. 1- 800 - 960 -9612. Prafll+es Irate iortal' imagine great peopte 8/5/2008 Page 1. of 1 Wells, Wayne From: Wells,. Wayne Sent:. Monday, August 04,. 2008 1:28. PM To: 'richard @rjha.net' Subject: Cabana. Club. Site FYI. - - - -- Original Message---- - From: Watkins, Sherry Sent: Monday, August 04, 2008 12:58 PM To: Wells, Wayne Subject: FW: Cabana Club Site - - - -- Original Message---- - From: JudyandFrank Burke [ mailto:jcbfmb1591 @earthlink.net] Sent: Monday, August 04, 2008 12:10 PM To: Hibbard, Frank; Cretekos, George; Petersen, Carlen; Doran, John; Gibson, Paul Cc: Watkins, Sherry Subject: Cabana Club Site To Whom It May Concern, I. am writing to you about my concerns in regard to Legg Mason's proposal to build a hotel on the Cabana. Club site. The File is #: FLD2008- 02002, 1590. Gulf Blvd. The hotel /restaurant will greatly exceed the. height that the code allows by approximately 75 feet. Obviously it would drastically reduce the vertical visibility of those of us who reside in the area. This in turn would have a negative financial impact on the surrounding properties which are our residences... What Legg Mason proposes should be built on. a lot that is. at least 200. feet and yet they have only 88 feet to work with thus the request for so many variances. Not only the height variance but set back variances, the reduction of parking spaces required for such an undertaking and the audacity to ask for 25 feet of public beach for the hotel's personal use. There are. codes in place for a reason and they seem to be asking for all of them to be thrown out the window so they can get their way and build whatever they want. I support their right to redevelop this site but it seems only logical and correct to do so without deviations from the codes that presently exist. urge every member of the board to think what it would be like to have a hotel plopped down in the. middle of your very nice residential area and vote against these code variations that are being requested by Legg Mason. Thank you, Judy Burke. 1591 Gulf Blvd. JudyandFrank Burke jcbfmb1.59�earthlink.net Earthl-ink Revolves. Around You. :0 11: C Wells, Wayne From: Wells, Wayne Sent: Monday, August 04, 2008.11:20 AM To: 'richard @rjha.net' Subject: Cabana Club Legg Mason FYI ----- Original.Message ----- From: Watkins, Sherry Sent: Monday, August 04, 2008 10:19.AM To: Wells, Wayne Subject: FW:. Cabana Club Legg Masori 0 - - - -- Original Message---- - From: jpsaltis @tampabay.rr.com [ mailto :jpsaltis @tampabay.rr.com] Sent: Sunday, August.03,.2008.7:37. PM To: Watkins,.Sherry Subject: Cabana Club Legg. Mason DEAR MS. WATKINS. WE WOULD. LIKE TO.EXPRESS.OUR DISATISFACTION AS TO THE MONSTEROUS BLDG ETC THAT IS BEING PRESENTED. FOR APPROVAL. WE ARE TOTALLY AGAINST T HIS.. NON- CONFORMING PROJECT AND HOPE THAT YOU WILL VIEW IT. AS SUCH, AND NOT APPROVE OF THE VARIANCES THAT THEY ARE REQUESTING.. ..THANK YOU JOHN AND HELEN PSALTIS . 1600 GULF. BLVD APT 1115 CLWTR DAN'S ISLAND 2 TEL 727 - 595 -5586 1 From: Wells, Wayne Sent: Monday, August 04,. 2008 11:18 AM To: 'richard @rjha.net' Subject:. Legg Mason's. Cabana Club. Application - - - -- Original Message---- - From: Watkins, Sherry Sent: Monday, August 04, 2008 10:19 AM To: Wells, Wayne - Subject: FW: Legg Mason's Cabana Club Application - - - -- Original Message---- - From: Nardi, Michel [mailto:mnardi @nardilaw.com] Sent: Sunday, August 03, 2008 11:10 AM To: Cretekos, George Cc: 'Cynthia L. Remley, Esq.'; Watkins, Sherry Subject: RE: Legg Mason's Cabana Club Application Dear Mr. Cretekos:. Thank you for your response. I. shall never forget your gracious support in our efforts to secure funding for the Sand Key. Beach many years ago. I am concerned that our community leaders are becoming blinded by the big . money promises of Legg Mason and are quietly forsaking the best interests of their "real" constituents. I would therefore appreciate your keeping a vigilant eye on the Legg. Mason application. I can not emphasize enough the importance of preserving the beach for the public.. Over the years I have. watched the depth of the beach diminish as a result of various storms. In. addition to the numerous Code deviations requested in the Legg Mason application to maximize their profits as part of the construction of their hotel /restaurant, they have requested 25 feet of the public beach. for the. hotel's use. In principle I am totally opposed to anyone have exclusive use. of our beach. However, should their plan be accepted, it may in fact jeopardize our ability to qualify for state or federal funding in the event of additional renourishment efforts. Would Legg Mason be willing to put up a bond. adequate to indemnify the City against losses caused by their use of the beach. and our inability to obtain state and federal. funding for renourishment? Who will be willing to indemnify. the residents whose home values will be negatively impacted by the City's granting Legg Mason's Code exceptions? Needless. to say, I can appreciate the City's desire to rectify the hotel room shortage caused by the short sightedness of the. leaders who permitted the construction of countless. condominiums on Clearwater Beach in exchange for the destruction of the hotels and supporting businesses. But one mistake should. not be compounded by. permitting another.. Legg Mason's proposal is a slippery. slope.. Thank you again. All the best - Michel Michel Nardi Michel Nardi, P.A. 2366 Sunset Point Rd. Clearwater, FL 33765 (727) 446 -8911. The information contained in this transmission may be attorney /client privileged and therefore confidential. This 8/4/2008 IV 0 0 Page 2 of 3 information is intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copy of this communication is strictly prohibited. From: george .cretekos @myclearwater.com [mai Ito: george.cretekos@myclearwater.com] Sent: Thursday, July 31, 2008 10:31 PM To: mnardi @nardilaw.com Subject: RE: Legg Mason's Cabana Club Application Ms. Michel Nardi 2236 Sunset Point Road. Clearwater, FL 33765. Dear Ms. Nardi: Thank you for advising me of your concerns over the proposed redevelopment of the "Cabana Club" property on Sand Key. It is my understanding that a completed application for a change in the development plan, as presented by the Legg -Mason developers, will be considered by the City of Clearwater's Community Development Board. For now, there is no a zoning application pending since the property is currently zoned "C" (commercial), which allows for hotel development. Because of the type of modification being requested, I am told that the City Council will review the application only if the developer requests an increase in density units per acre. In the meantime, I am pleased to note that you have expressed your concerns directly to the Community Development Board and its staff representative, and you may also wish to attend one of CDB meetings which are held on the third Tuesday of each month. It is this board that will approve the site plans. Again, thank you for taking time to advise me of your views, and with warmest, personal regards, I am Sincerely, -- george george n. cretekos member, clearwater city council 727- 562 -4050 george.cretekos @ myclearwater.com (please note that under florida's public record laws, written communications, including e- mails, to and from members of city council regarding official business are public record and will be made available to all members of the clearwater city council and the press) - - - -- Original Message---- - From: Nardi, Michel [mailto:mnardi @nardilaw.com] Sent: Thursday, July 31, 2008 2:30 PM To: Hibbard, Frank; Gibson, Paul; Cretekos, George; Carlen.Peter @myclearwater.com; Doran, John; Watkins, Sherry Cc: 'Cynthia L. Remley,'Esq.'; JanBchNews @aol.com Subject: Legg Mason's Cabana Club Application Dear Mayor and City Council Members: 8/4/2008 V41, 0 • Page 3 of 3 am a full time resident of the City of Clearwater and have lived. on Sand Key. since 1991.. I was also Chairman of the. original Beach Renourishment Committee for the Sand. Key. Civic Association. that was largely responsible for orchestrating the necessary requirements to qualify for federal, state. and local funding for the beach that we. are all able to enjoy today.. It is therefore appalling to me. that anyone in Clearwater would entertain Legg Mason's proposal to construct anything on the beach for the. exclusive use of their commercial interests! What is the matter with all. of you ?. The beach belongs to the public and should remain that way. In order to. qualify. for the necessary, funding for the beach renourishment,. we. were required to provide adequate public parking and easements so that the public could readily access. the beach. This could. not have. been accomplished without the generosity of many of the condominiums that donated land to provide. access. Dans Island was one of the key players in this scenario;. it contributed the land for the easement that borders on the Cabana. Club property. Now Legg. Mason -. a foreign entity -. comes along and wants the City to. bend all. of the. rules so that they can make more. money than if they had to live within the existing rules. They are still .going to. be. able to make money without the exceptions. But that is not enough.. They want to make more.. AND they want to have exclusive use of the beach in front of the Cabana. Club. that was always intended for the public enjoyment and the protection of the homes of Sand. Key residents. In fact, we would never have qualified . for the funding if the beach was to be used for private purposes. Should this be allowed - then every building along the beach should be entitled to similar. treatment. Is this where the City really wants to go? I hope. not. The. beach should belong to everyone. -. not Legg Mason or anyone else that comes along and wants to make a quick buck at the expense of the residents of Clearwater. Michel Nardi Michel Nardi, P.A. 2366 Sunset Point Rd. Clearwater, FL 33765. (727) 446 -8911. The information contained in this transmission may be attorney /client privileged and therefore confidential. This information is intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copy of this communication is strictly prohibited. 8/4/2008 0 0 Page 1 of 1 Wells, Wayne From:. Wells, Wayne Sent: Monday,. August 04, 2008 11:13 AM To:. 'richard @rjha.net' Subject:. Cabana Club. Rezoning - - - -- Original Message---- - From: Watkins, Sherry Sent: Monday, August 04, 2008 10:20 AM To: Wells, Wayne Subject: FW: Cabanna Club Rezoning - - - -- Original Message---- - From: lynblackman [mailto:lynblackman @roadrunner.com] Sent: Sunday, August 03, 2008 10:14 AM To: Watkins, Sherry Subject: Fw: Cabanna Club Rezoning ------ Original Message - - - -- From:. jyRNackman To: Paul.Gibson(a-)-myclearwater.com _ Sent: Sunday, August 03, 2008 10:12 AM Subject: Fw: Cabanna_ Club Rezoning - - -- Original Message. ------ From:. lynblackman.. To: Fra.nk.HibbarO@myclearwater.com Sent: Saturday,. August 02, 2008 10:28 AM Subject: Cabanna Club Rezoning. Dear. Sir: Please do not consider the application to build a hotel at the Cabanna Club. site. It cannot possibly do anything but hurt the residences on Sand Key, and. is. only going to make money for soneone or some corporation. Please use the authority trusted to you to block such a needless and harmful development. Thank You Brice. Blackman resident 1480 Gulf. Blvd.. 8/4/2008 W: Page 1 of 2 c • Wells, Wayne From: Wells, Wayne Sent:. Friday, August 01, 2008.5:25 PM To: 'richard @rjha.net' Subject:. Save our neighborhood FYI - - - -- Original Message---- - From: Watkins, Sherry Sent: Friday, August 01, 2008 3:03 PM To: Wells, Wayne Subject: FW: Save our neighborhood - - - -- Original Message---- - From: Donnas Abrams [ma ilto : donna. I.abrams @gmail.com] Sent: Friday, August 01, 2008 11:39 AM To: Hibbard @myclearwater.com; Doran, John; Carlen .Petersen @mclearwater.com; Gibson, Paul; Cretekos, George; Watkins, Sherry Subject: Save our neighborhood Dear. City. of Clearwater Representatives:. (please forward this to. the. members of CDB) We are full. time residents of Dan's Island on sand. Key located on the south /west side of the Cabana Club. We purchased our unit in 1999 after researching our surroundings. The Cabana club Condos and ATTACHED restaurant were first class ... until management changed hands a few times and things started to deteriorate. (living in PH since 1971. and dining at the cabana club. restaurant many times). We are certainly not against a 5 star restaurant with outdoor pool /dining facility. being reconstructed ... Sand Key residents . would love nothing better. However,. when many of us purchased our units knowing that our view would not be obstructed (as other buildings have been) and our units would not be shadowed out because of the closeness of what a NEW building would do (as. it is ATTAC H ED); we felt we spent our money wisely on a fine life . time investment!!! Approve improvement to a 5 star restaurant for sure... certainly do not allow variances to deeply hinder the investment that Dan's Island. Residents have. worked hard to. maintain.. Among the variances is taking 25 feet of public beach and. using it for the hotel's use .... is outlandish!. Clearwater, and especially Sand Key residents, have been paying high taxes to keep our beaches sparkling for the city's image.. Renourishment has been a huge expense. but one that we all know is necessary. Putting up a wa l 1. to benefit a 5. star hotel on the mainland is selfish. A wall that would be seen from the $M plus homes from the. south to the luxury condos from the north. It will tremendously affect our seawalls, turtle nestings,. and we are sure you. can visualize the rest.. And we can't even image how the other luxury condos across the way feel about having a taxi boat shuttling back and forth,. 24. hours a day, in. their backyards. Please really give heartfelt thought into your decisions; come and visit the area and see for yourselves; think about how you would feel if your home was next door and something as vast as this was being proposed (after you did your homework to purchase) and certainly not from the city's pocketbook.. Thank you for your time and consideration in this huge decision to be made.. 8/1/2008 Page 2 of 2 Donna and Dan Abrams. 1600 Gulf Blvd.. Dan's Island #PH4. Clearwater, FL. 33767 8/1/2008 :E: Legg Mason's Cabana Club plication Page 1 of,.4'3 Wells, Wayne From: Wells, Wayne Sent: Friday, August 01, 2008.5:20 PM To: 'richard @rjha.net' Subject: Legg Mason's Cabana Club. Application FYI - - - -- Original Message---- - From:. Watkins, Sherry.. Sent: Friday,. August 01, 2008 3:04 PM To: Wells, Wayne Subject: FW: Legg Mason's Cabana Club. Application - - - -- Original Message - - - - -. From: Manni,. Diane Sent: Friday, August 01, 2008 10:49 AM To: Gibson, Paul Cc: mnardi @nardilaw.com;. Watkins,. Sherry Subject: RE: Legg Mason's Cabana. Club Application Dear Mr. Nardi: Please forward any information you wish to share with the Community Development Board, please contact Sherry Watkins at sherry .watkins(a_)myclearwater.com. Sherry will distribute. Sincerely, Diane Manni Executive Assistant to the City. Council - - - -- Original Message---- - From: Gibson, Paul Sent: Friday, August 01, 2008.8:07 AM To: Manni, Diane Cc: mnardi @nardilaw.com Subject: Legg Mason's Cabana Club. Application. Diane, Please forward the CDB emails addresses to Mr. Nardi., Thanks. Paul. From: Nardi, Michel [mailto:mnardi @nardilaw.com] Sent: Thu 7/31/2008.4:46 PM. To: Gibson, Paul Subject: RE: Legg Mason's Cabana Club Application Dear Mr. Gibson Thank you for. your immediate response and your 8/1/2008 E: Legg Mason's Cabana Club pplication Page 2 of)3 suggestions. If you happen to have the email addresses of those on the CDB, I would appreciate your forwarding my email to them since I have no idea how I might reach them. All the best -. Michel Nardi Michel Nardi, P.A. 2366 Sunset Point Rd.. Clearwater, FL 33765. (727) 446 -8911 The information contained in this transmission may. be attorney /client privileged and therefore confidential. This information is intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copy of this communication is strictly prohibited. - - - -- Original Message - - - - -. From: paul.gibson @MyClearwater.com [mailto:Paul.gibson@ yClearwater.com] Sent: Thursday, July 31, 2008 3:59 PM To: mnardi @nardilaw.com Subject: Legg Mason's Cabana Club. Application Dear Mr. Nardi, The Legg -Mason application for a hotel at the site of the Cabana Club. Restaurant is not presently a re- zoning or a land use matter.. The Community Development Board ( "CDB ") will therefore be the body reviewing their redevelopment application. I suggest you direct comments and concerns to the CDB and you should feel free to copy the City. Council.. You can also contact the Planning Department for updates on the application status.. Wayne Wells is the City Planner to whom you should contact for Planning Department status.. I regret this looks like we are passing the buck. However, only the CDB has the legal authority to make the determination. Best regards, Paul Gibson Councilmember City of Clearwater From: Nardi, Michel [ mail. to- mnardi ..Cn.a..rdil_a_....om.]. Sent: Thu 7/31/2008 2:30 PM To: Hibbard, Frank; Gibson, Paul; Cretekos, George; Carlen.Peter @myclearwater.com; Doran, John; Watkins, Sherry Cc: 'Cynthia L. Remley, Esq.'; JanBcbNews @aol.com Subject: Legg Mason's. Cabana Club. Application 8/1/2008 `kE:. Legg Mason's Cabana Clu plication Page 3 of/ ,3 Dear Mayor and City. Council Members:. I am a full time resident of the City of Clearwater and have lived on Sand Key since 1991. I was also Chairman of the ori ginal Beach Renourishment Committee for the Sand Key Civic Association that was largely responsible for orchestrating the necessary requirements to qualify for federal, state. and local funding for the. beach that we are all able to enjoy today. It is therefore appalling to me that anyone in Clearwater would entertain Legg Mason's proposal to construct anything on the beach for the exclusive use of their commercial interests!. What is the matter with all of you? The beach belongs to the public and should remain that way. In order to qualify for the necessary funding for the beach renourishment, we were. required to. provide adequate public parking and easements so that the public could readily access the beach.. This could not have. been accomplished without the. generosity. of many of the condominiums that donated land to provide access. Dans Island was one of the key players in this scenario; it contributed the land for the easement that borders on the Cabana Club property. Now Legg Mason -. a foreign entity - comes along and wants the City to bend all of the rules so that they can make more money than if they had to live within the existing rules. They are still going to be able to make money without the exceptions. But that is not enough. They want to make more. AND they want to have exclusive use of the beach in front of the Cabana Club that was always intended for the public. enjoyment and the protection of the homes of Sand Key residents. In fact, we would never have qualified for the funding if the beach was to be used for private purposes. Should this be allowed then every, building along the beach should be entitled to similar treatment. Is this where the City really wants to go ?. I hope not. The. beach should belong to everyone - not Legg Mason or anyone . else that comes along and wants to make a quick buck at the expense of the residents of Clearwater. Michel Nardi Michel Nardi, P.A. 2366 Sunset Point Rd. Clearwater, FL 33765. (727) 446 -8911. 8/1/2008 Page_ 1 of Z-- Wells, Wayne From:. Wells, Wayne Sent: Friday,. August 01, 2008 3:12 PM To:. 'richard @rjha.net' Subject: Legg Mason FYI - - - -- Original Message---- - From: Watkins, Sherry Sent: Friday, August 01, 2008 3:03 PM To: Wells, Wayne Subject: FW: Legg Mason - - - -- Original Message---- - From: Manni, Diane Sent: Friday, August 01, 2008 11:55 AM To: Akin, Pam; Cretekos, George; Doran, John; Gibson, Paul; Goudeau, Cyndie; Hibbard, Frank; Manni, Diane; Petersen, Carlen; Reporter; Wagenfohr, Carl; Wills, Anne Cc: Watkins, Sherry Subject: FW: Legg Mason - - - -- Original Message---- - From: Doran, John Sent: Friday, August 01, 2008 11:46 AM To: 'Mimicarmel47 @aol.com' Cc: Manni, Diane Subject: RE: Legg Mason Mr. and Mrs. Hays: I appreciate your interest and involvement in your community, but the Legg Mason matter is a matter before the Community. Development Board, not the City Council, and, to date, there is nothing to suggest that Legg Mason. intends to ask for anything that would come before the City Council. I note that your email is going to Sherry Watkins,. who will make it available to the CDB, as is most appropriate. john doran Clearwater City Council Florida has a very. broad public records law.. Most written communications to and from government officials regarding government business are public records available to the public and to the media upon request.. Your e -mail. communications may be subject to. public disclosure. - - - -- Original Message---- - From: Mimicarmel47 @aol.com [mailto:Mimicarmel47 @ aol.com] Sent: Friday, August 01, 2008 11:35 AM 8/1/2008 7 ! Page 2 ofY Z To: Hibbard, Frank; Doran, John; Petersen, Carlen; Gibson, Paul; George.Cretek @myclearwater.com; Watkins, Sherry; don @gosfs.com Subject: Legg Mason August 1, 2008 To Whom It May Concern: My husband and I join the majority of residents of Sand Key in opposing the deviations to the Code - variances included, that would allow Legg Mason to build a 10 -story high restaurant /hotel complex in place of the existing Cabana Club Restaurant (located at 1590 Gulf Blvd.) As a neighbor of the site'(Dan's Island, 1600 Gulf Blvd. #915) the building of a 10 -story structure would radically decrease the value of our property. It would be an obstruction that would definitely change the ambiance of our living environment by a decrease in the amount of light and of privacy. When one walks into our units in Dan's Island it is the light from the doors and windows that draws you in, which is why we purchased the unit we did. If a structure is allowed to go onto that small piece of property, which I'm sure was never intended to house a hotel, it will change the amount of light into our unit forever. Never in a million years did we think anyone would try to put a tall structure on that property with the limited beach front, the close property lines and the parking issues a building like that would have. I also do not know how you can consider ig•ving Legg Mason 25 feet of public beach for the hotel's private use. The beach belongs to all of us. In closing, please do not approve Legg Mason's application and the deviations to the Code - variances that include: Replacing the current structure with a 100 -foot (or 10 -story high) hotel /restaurant complex where the Code only allows for a 25 -foot structure Taking 25 feet of public beach and using it for the hotel's use Reducing the number of parking spaces to support the proposed complex Eliminating or reducing the set backs from adjacent property lines. Sincerely, Don and Jo Ann Hays 8/1/2008 From:. Wells,. Wayne Sent: Friday, August 01,. 2008 5:13 PM To: 'richard @rjha.net' Subject:. Sand Key FYI - - - -- Original Message---- - From: Watkins, Sherry Sent: Friday, August 01, 2008 4:00 PM To: Wells, Wayne Subject: FW: Sand Key - - - -- Original Message---- - From: allan Jayne [ma ilto:al Ian layne @gmail.com] Sent: Friday, August 01, 2008 1:54 PM To: Hibbard, Frank; Doran, John; Gibson, Paul; Cretekos, George; Petersen, Carlen; Watkins, Sherry Cc: Cynthia @ProRemLaw.com Subject: Sand Key To. whom it may concern: I currently live in Clearwater on Sand Key. I am concerned about the City. of Clearwater decisions about the Sand Key community.. I believe the decision to build a hotel at 1590 Gulf Blvd is a BAD. decision.. I do. not think the lot where they plan to build is big enough to support a hotel and even parking. It's like putting 50 lbs of junk in a 5 lb bag. I feel if Legg Mason wants to. build a hotel at 1590 Gulf Blvd they should purchase the condos located at 1586 Gulf Blvd which would be a great building to. convert into. a hotel and pay each owner one hundred thousand dollars over what each of the resident's current mortgage or if the property has no. mortgage then two hundred thousand dollars over market value.. They could even convert 1586 Gulf Blvd into, a hotel for less money than building one. I believe 1586. Gulf Blvd has 8 stories and 32 units. But if I was a tourist and I came to visit the hotel at that location I would be disappointed because me personally I would stay at the Hilton on Clearwater Beach where there is beautiful white soft sand.. Also, The residents of 1621 Gulf Blvd property value would be GREATLY HURT because that building has the most beautiful view of the Gulf of Mexico to be on the east side of Gulf Blvd. How would you like to live at 1600 Gulf Blvd which is another beautiful building and you had a view of north and you could see the Gulf of Mexico and the City of Clearwater, then they build a hotel and now your view is a hotel and the city or you live at 1591 Gulf Blvd with a good view of the Gulf of Mexico. and then you have a view of a hotel. To. sum it up Legg Mason is a DEVELOPER and they DO NOT even LIVE around Clearwater, they HAVE MORE MONEY. than Clearwater, they are not going to keep the property forever they are only going to keep it till someone purchases it from them. Then they are going to sit back and laugh and see how bad they screwed the residents of Sand Key and the City of Clearwater. I feel if the City of Clearwater decision to let Legg Mason build a hotel at 1590 Gulf Blvd the out come will be like. the decision when they made the round about on Clearwater Beach with the waterfall in the center of the round about.. How much did that cost the tax payers. Please DO NOT APPROVE the building of a hotel by Legg Mason on Sand Key. I love going across the street to the beach but if I was a tourist I would not want to go to the beach on Sand Key because it does not have beautiful soft white sand. Sand Key is the BEST kept secret to Clearwater Beach.. Also, keep in mind that the small shops located on the northeast of Sand Key are good for the community. PLEASE LEAVE SAND KEY THE WAY IT IS. THAT IS. WHY I MOVED TO SAND. 8/1/2008 a IRPage 2 of 2 1.14 Allan Layne. 1591. Gulf Blvd., Unit 305. Clearwater, FL 33767. EZMQ 1 1 • Wells, Wayne From: Cyndi Tarapani [CTarapani @fldesign.com] Sent: Friday, August 01, 2008.4:24 PM To: Delk, Michael;. Wells, Wayne Cc: Tom. Reynolds; Richard Heisenbottle Subject: RE: Unity of Title • Michael -I am somewhat confused by your statement.that the. Cabana Club's restaurant.is. "non - accessory.". We have always intended it and have continuously stated that it will. be accessory and will. abide by all. of the accessory requirements including no. outside signage and access to the restaurant. SOLELY through the. hotel lobby...We have never stated that the restaurant. will.have 125 seats so am not.sure where.that information comes from - perhaps. counting the.chairs. ..The.exact number of.seats will be determined through final.interior design which will come. much later in the process.. We propose a small accessory restaurant inside the hotel. and a service area located _on the pool patio to serve hotel.guests who.are on the. pool. patio. I would suggest that.this proposal is. consistent with other hotels. in Clearwater with regard to accessory restaurants... The connection between the Cabana Club and the Belleview Biltmore Hotel is today and will continually be a formal matter,.not a casual connection. Legg. Mason purchased the Belleview, the Cabana Club and the golf club as. a package and envisions the.three properties.combined together to.create a 4 -5 star resort. As. we have stated many times and also in our final resubmittal for the CDB, the two hotels will be operated, managed and marketed together. There is no intention on the part of the owner to separate these two hotels since the two together create a combined resort of the Belleview historic hotel. with many amenities (multiple restaurants, spa, golf course,. banquet.facilities, etc), the Cabana Club which adds.the.beach experience and the Golf club which adds that recreational amenity... Further,. as suggested by Wayne. in our last.DRC, we proposed a site plan condition to insure the continued joint operation and management of the two.hotels with the City enforcement method built in. The condition that we proposed is as follows: "The Belleview Biltmore Resort, located in the Town of.Belleair, and the Cabana Club Hotel will be operated and managed as one facility by the same hotel operator. .Should this. common operation and management be discontinued, the City may review the. Cabana Club Hotel for parking compliance." .(See Heisenbottle. response.letter dated July 4,.2008,. Page 23, Response.to Planning Comment No. 11) This condition allows the City the ability to review for.compliance.and then, if violations exist, take any enforcement actions. deemed necessary. We are so committed to this continued joint operation that we wholeheartedly agree to this condition and do not fear any review for lack of.compliance. It should also be noted that it. is in our best business.interests to make sure the project works in all ways, especially with regard to parking.or.the.hotel will not be.the successful 4 star hotel that is.planned. I would also point out.that the project EXCEEDS the parking. requirement of.the City's.code and we are not requesting any deviations for parking. As we state in our application narrative, we do propose to use vans to /from the airport and vans to /from the Belleview Biltmore historic hotel. Since.the. City staff had continuing concerns.about.the dock,.in our last submittal, we deleted references.to the boat shuttle. Also at Wayne's request, we prepared a detailed summary of the historic and long term links between the Belleair Hotel. and the Cabana Club. This summary 1 was. delivered to Wayne toda0d I. encourage you to. review A. see that.the two properties. have been operated and marketed together since at least the. 1930s with the Cabana Club serving as the beach experience for the Belleview historically and continuously since that time.. After you have had a chance to review the new historical summary and our proposed condition re parking, may we meet to discuss.further? We had anticipated staff.support based on previous conversations.and we would like the opportunity to explain and resolve any concerns you may have... I. will call.you early next. week to. discuss.further. .Thank you... Cyndi.Tarapani Vice President,. Planning Florida Design Consultants ctarapani @fldesign.com Office: 727- 849 -7588 Cell: 727- 234 -7857 Fax:. 727 - 848 -3648 >>> <michael.delk@MyClearwater.com> 8/1/2008.2:05. PM >>>' The connection between the.Cabana Club. and Biltmore needs.to be more than casual. That is.the.basis of. the support for an otherwise non - accessory. restaurant. .There needs. to. be a clear.understanding as. to how parking demand for 38 rooms. and 125 seats.is balanced against.a 54 space lot. What is commitment for shuttles, boat access, etc.? mld Michael. L. Delk, AICP Planning Director City of Clearwater, Florida myclearwater.com ----- Original.Message ----- From: Cyndi.Tarapani. [mailto:CTarapani @fldesign.com] Sent: Friday,.August 01, 2008.11:13 AM To:. Wells, Wayne Cc:. Delk, Michael; Tom Reynolds; Richard Heisenbottle Subject:.Re:.Unity of Title Wayne -I wanted to let you know that I wanted a copy of.the City's Unity of Title. document.for another project,. not for the. Cabana Club. I also want to clarify that we still do.not wish to have a Unity of Title that connects.the. Cabana Club with the Belleview Biltmore Hotel in Belleair. As.an alternative.to the.Unity of Title that will resolve the City's concerns about.possible future parking concerns,. we previously discussed and confirmed in our CDB resubmittal, that we would be agreeable to. a condition of.site.plan approval that allows the City to review the.project.for parking compliance should the common operation and management of.the two.hotels be discontinued.. We are still agreeable.to that condition.. Please let me know if your opinion on this issue has changed. Thank you.. Cyndi. Tarapani Vice. President, Planning Florida Design Consultants 2 ctarapani @fldesign.com • • Office: 727 - 849 -7588 Cell: 727 - 234 -7857 Fax:.727- 848 -3648 >>> <Wayne.Wells@myClearwater.com> 7/24/2008.5:13. PM >>> Cyndi - I am attaching.the standard Declaration of Unity of Title document for your use... Should you find this. difficult to use,.get creative as. to. a different document.that would be recorded in the.public record and would accomplish the.same intent of.tying. the. Cabana Club as proposed with its accessory restaurant to the Belleview Biltmore property (restrictive covenant,.etc.). Wayne - - - -- Original. Message---- - From:.Cyndi. Tarapani [ mailto:CTarapani @fldesign.com). Sent: Thursday,. July 24, 2008 3:14 PM To: Wells,.Wayne Subject: Unity of. Title Wayne - do.you have a sample Unity of Title document that you can send me? Thank you. Cyndi Tarapani Vice. President, Planning Florida Design Consultants ctarapani @fldesign.com Office:.727- 849 -7588 Cell: 727 - 234 -7857 Fax: 727 - 848 -3648 3 Page 1 of 2 Wells, Wayne From:. Wells, Wayne Sent: Friday, August 01, 2008 1:20. PM To: 'richard @rjha.net' Subject:. Cabana FYI - - - -- Original Message---- - From: Wells, Wayne Sent: Friday, August 01, 2008 12:53 PM To: 'richard @r]ha.net" Subject: cabana FYI - - - -- Original Message---- - From: Watkins, Sherry Sent: Friday, August 01, 2008 8:30 AM To: Wells, Wayne Subject: FW: cabana - - - -- Original Message---- - From: Doran, John Sent: Wednesday, July 30, 2008 7:36 PM To: 'RThac44 @aol.com' Cc: Manni, Diane; Watkins, Sherry Subject: RE: cabana Ms.Thacker: Thank you for your interest and involvement in your community and for your specific comments, but the Legg Mason matter is a matter before the Community Development Board, not the City Council, and, to date, there is nothing to suggest that Legg Mason intends to ask for anything that would come before. the City Council. will forward your email to Sherry Watkins in our planning department for distribution to the members of the CDB. john doran Clearwater City Council.. Florida has a very broad. public records law.. Most written communications to and. from government officials regarding government business are public records available to the public and to. the media upon request. Your e- mail communications may be subject to public disclosure. - - - -- Original Message---- - From: RThac44 @aol.com [mailto:RThac44 @aol.com] Sent: Wednesday, July 30, 2008 5:44 PM To: Doran, John Subject: cabana Mr Doran, I would love to see Clearwater let Legg Mason build a first class hotel on the Cabana Club property .... It will certainly be better that what is there now. Pls. don't let all the. negative people :Q 11: 0 0 Page 2 of 2 have such a strong influence on Clearwater. Change is always better.. thank you for doing such a hard job. babs thacker * * * * * * * * * * * * ** Get fantasy football with free live scoring. Sign up for FanHouse Fantasy Football today. ( http: / /www.fanhouse.com /fantasyaffair ?ncid= aolspr00050000000020) . 8/1/2008 . Page 1 of ,/L Wells, Wayne. From:. Wells, Wayne Sent: Friday, August 01, 2008 3:12 PM To:. 'richard @rjha.net' Subject: Legg Mason FYI - - - -- Original Message---- - From: Watkins, Sherry Sent: Friday, August 01, 2008 3:03 PM To: Wells, Wayne Subject: FW: Legg Mason - - - -- Original Message---- - From: Manni, Diane Sent: Friday, August 01, 2008 11:55 AM To: Akin, Pam; Cretekos, George; Doran, John; Gibson, Paul; Goudeau, Cyndie; Hibbard, Frank; Manni, Diane; Petersen, Carlen; Reporter; Wagenfohr, Carl; Wills, Anne Cc: Watkins, Sherry Subject: FW: Legg Mason - - - -- Original Message - - - -- From: Doran, John Sent: Friday, August 01, 2008 11:46 AM To: 'Mimicarmel47 @aol.com' Cc: Manni, Diane Subject: RE: Legg Mason Mr. and Mrs. Hays: I appreciate your interest and involvement in your community, but the Legg. Mason matter is a matter before the Community Development Board, not the City Council, and, to date, there is nothing to suggest that Legg Mason. intends to ask for anything that would come before the City Council. I. note that your email. is going to Sherry. Watkins, who will make it available to the CDB, as is most appropriate. john doran Clearwater City. Council Florida has a very broad public records law... Most written communications to and from government officials regarding government business are. public records available to the public and to the. media_ upon request. Your e -mail. communications may be subject to public disclosure. - - - -- Original Message---- - From: Mimicarmel47 @aol.com [mailto:Mimicarmel47 @aol.com] Sent: Friday, August 01, 2008 11:35 AM 8/1/2008 ' Page 2 of/Z- To: Hibbard, Frank; Doran, John; Petersen, Carlen; Gibson, Paul; George.Cretek @myclearwater.com; Watkins,. Sherry; don @gosfs.com Subject: Legg Mason August 1, 2008 To Whom It May Concern: My husband and I join the majority of residents of Sand Key in opposing the deviations to the Code - variances included, that would allow Legg Mason to build a 10 -story high restaurant/ hotel complex in place of the existing Cabana Club Restaurant (located at 1590 Gulf Blvd.) As a neighbor of the site (Dan's Island, 1600 Gulf Blvd. #915) the building of a 10 -story structure would radically decrease the value of our property. It would be an obstruction that would definitely change the ambiance of our living environment by a decrease in the amount of light and of privacy. When one walks into our units in ban's Island it is the light from the doors and windows that draws you in, which is why we purchased the unit we did. If a structure is allowed to go onto that small piece of property, which I'm sure was never intended to house a hotel, it will change the amount of light into our unit forever. Never in a million years did we think anyone would try to put a tall structure on that property with the limited beach front, the close property lines and the parking issues a building like that would have. I also .do not know how you can consider ig ving Legg Mason 25 feet of public beach for the hotel's private use. The beach belongs to all of us. In closing, please do not approve Legg Mason's application and the deviations to the Code - variances that include: Replacing the current structure with a 100 -foot (or 10 -story high) hotel /restaurant complex where the Code only allows for a 25 -foot structure Taking 25 feet of public beach and using it for the hotel's use Reducing the number of parking spaces to support the proposed complex Eliminating or reducing the set backs from adjacent property lines. Sincerely, bon and Jo Ann Hays 8/1/2008 Page. 1 of 2 Wells, Wayne From: Wells, Wayne Sent:. Friday, August 01, 2008 1:07 PM To: 'richard @rjha.net' Subject: Legg Mason; SOS; Rezoning Notices; and Hotel Density FYI - - - -- Original Message--- - From: Watkins, Sherry . Sent: Friday,. August 01, 2008 8:39. AM To:. Wells, Wayne Subject: FW:. Legg Mason; SOS; Rezoning Notices; and Hotel Density. - - - -- Original Message---- - From:. Doran, John. Sent:. Thursday, July. 31, 2008 12:30 PM. To: 'Norm Englert'. Cc: Watkins, Sherry; Manni, Diane Subject: RE:. Legg Mason; SOS; Rezoning Notices; and Hotel Density Norm:. Thank you for your interest and involvement in your community and for your specific comments, but the Legg Mason matter is a matter before the Community Development Board, not the City. Council, and, to date, there is nothing to suggest that Legg Mason intends. to ask for anything that would come before. the City Council.. am forwarding your email to Sherry. Watkins in our planning department for distribution to. the members of the CDB. john doran Clearwater City. Council Florida has a very broad public records law. Most written communications to. and from government officials regarding government business are public records available to the public and to the media upon request. Your e- mail communications may be subject to public disclosure. - - - -- Original Message---- - From:. Norm Englert [mailto:nenglert@earthlink.net]. Sent:. Thursday,. July. 31, 2008 12:21 PM To:. Hibbard, Frank; Gibson, Paul;. Doran, John; Cretekos, George;. Petersen, Carlen Subject: Legg. Mason; SOS;. Rezoning Notices; and Hotel Density. Please know that some residents of Sand. Key. are fully in favor of having a. 38 -room boutique hotel. with fine dining in our neighborhood.. Thanks, Norm Englert 140 Marina del Rey 8/1/2008 • . Page 2 of 2 Clearwater, FL 33767 727.510.7951 8/1/2008 From:. Wells, Wayne Sent: Friday, August 01, 2008 1:03. PM To:. 'richard @rjha.net' Subject:. Legg Mason's Cabana Club Application FYI - - - -- Original Message---- - From: Watkins, Sherry Sent: Friday, August 01, 2008 8:36 AM To: Wells, Wayne Subject: FW: Legg Mason's Cabana Club Application - - - -- Original Message---- - From: Doran, John Sent: Thursday, July 31, 2008 5:15 PM To: 'Nardi, Michel' Cc: Watkins, Sherry; Manni, Diane Subject: RE: Legg Mason's Cabana Club Application Ms. Nardi: Your earlier email was copied to Sherry Watkins, with the Planning. Department. My understanding is that she will distribute all the communications to the members of the CDB. I am copying her on. this response and your latest email.. john doran Clearwater City Council Florida has a very broad public records law. Most written. communications to and from government officials regarding government business are public records available to the public and to the. media upon request. Your e- mail communications may be subject to public disclosure.. - - - -- Original Message---- - From: Nardi, Michel [mailto:mnardi @nardilaw.com] Sent: Thursday, July 31, 2008 4:57 PM To: Doran, John Cc: Manni, Diane Subject: RE: Legg Mason's Cabana Club Application Dear. Mr.. Doran: Thank you for your immediate response.. I. understand that this matter is currently before the CDB. However, this issue touches on. all Clearwater residents. Privatizing portions of our beach to. accommodate outside commercial interests should not be entertained on any level. Where do you draw the line? I would appreciate your forwarding my email to all members of the CDB, if you have them available. Thank you again. All the best,. 8/1/2008 Page 2 of 3 Michel Nardi. Michel Nardi, P.A. 2366 Sunset Point Rd.. Clearwater, FL 33765 (727)446 -8911. The information contained in this transmission may be attorney /client privileged and therefore confidential. This information is intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copy of this communication is strictly prohibited. From: john.doran @MyClearwater.com [ mailto :john.doran @MyClearwater.com] Sent: Thursday, July 31, 2008 3:45 PM To: mnardi @nardilaw.com Cc: Diane.Manni @myClearwater.com Subject: RE: Legg Mason's Cabana Club Application. Ms. Nardi: I appreciate your interest and longstanding involvement in your community, but the. Legg Mason matter is a. matter before the Community Development Board, not the City Council, and, to date, there is nothing to suggest that Legg Mason intends to ask for anything that would come before the City Council. I note that your email is going to Sherry Watkins, who. will. make it available to the CDB, as is most appropriate. john doran Clearwater City Council Florida has a very broad public records law. Most written communications to and from government officials regarding. government business are public records available to the public and to the media upon request. Your e -mail communications may be subject to public disclosure. - - - -- Original Message---- - From: Nardi, Michel [mailto:mnardi @nardilaw.com] Sent: Thursday, July 31, 2008 2:30 PM To: Hibbard, Frank; Gibson, Paul; Cretekos, George; Carlen.Peter @myclearwater.com; Doran, John; Watkins, Sherry Cc: 'Cynthia L. Remley, Esq.'; JanBchNews @aol.com Subject: Legg Mason's Cabana Club Application Dear Mayor and City. Council Members:. I am a full time resident of the City of Clearwater and have lived on Sand. Key since 1991. 1 was also Chairman of the. original. Beach. Renourishment Committee for the Sand. Key Civic Association that was. largely responsible for orchestrating the. necessary requirements to qualify for federal, state . and local funding for the beach that we are all able to enjoy today. It is therefore appalling to me that anyone in Clearwater would entertain. Legg Mason's. proposal to construct anything on the beach for the exclusive use of their commercial interests! What is the matter with all of you ?. The beach belongs to the public and should remain that way. In order to qualify for the necessary funding for 8/1/2008 . • Page 3 of 3 the beach renourishment, we were required to provide adequate public parking and easements so that the public could readily access the beach. This could not have. been accomplished without the generosity. of many of the condominiums that donated land. to provide. access. Dans. Island was one of the key players in this scenario; it contributed the land. for the. easement that borders on. the Cabana Club property. Now Legg Mason - a foreign entity -. comes along and wants the City to. bend all of the rules so that they can make more money than if they had to live within the existing rules. They are still going to be able to make money without the exceptions. But that is not enough. They want to. make more.. AND they want to have exclusive use of the beach in front of the Cabana Club. that was always intended for the public enjoyment and the protection of the homes of Sand Key. residents. In fact, we would never have qualified for the funding if the beach. was to be used for private purposes.. Should this. be allowed -. then every. building along the. beach should. be entitled to similar treatment. Is this where the City really wants to go ?. I. hope. not. The beach. should belong to everyone -. not Legg Mason. or anyone else that comes along and wants. to make a quick buck at the expense of the. residents of Clearwater. Michel Nardi Michel Nardi, P.A. 2366 Sunset Point Rd. Clearwater, FL 33765 (727) 446 -8911 The information contained in this transmission may be attorney /client privileged and therefore confidential. This information is intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copy of this communication is strictly prohibited. 8/1/2008 • • Page 1 of 1 Wells, Wayne From: Wells, Wayne Sent: Friday, August 01, 2008 1:00 PM To: 'richard @rjha.net' Subject: File #FLD2008 -02002 FYI - - - -- Original Message---- - From: Watkins, Sherry Sent: Friday, August 01, 2008 8:36 AM To: Wells, Wayne Subject: FW: FIIe #FLD2008- 02002 - - - -- Original Message---- - From: BARBGOLF @aol.com [mailto:BARBGOLF @aol.com] Sent: Thursday, July 31, 2008 5:46 PM To: Hibbard, Frank; Doran, John; CarlenPetersen @myclearwater.com; Gibson, Paul; Cretekos, George; Watkins, Sherry Subject: Re: FIIe #FLD2008 -02002 can't believe all. the deviations that you are considering allowing Legg Mason to have to. build a hotel /restaurant at 1590 Gulf Blvd.: 1. They want to build. 25'. higher than code. WRONG!. 2. They want to take 25'. of PUBLIC beach for their hotel's use. Beach that has been restored with RESIDENT'S. tax money for PUBLIC USE. WRONG! WRONG! 3. Code. calls. for a lot width of 200' for a building their size and. they only have 88 feet.. WRONG! 4. They have not planned for adequate parking, so cars will be touring the neighborhood looking for places to park - -maybe in our parking lots or in the Sand Key. Park. WRONG! 5. They're talking about running a ferry up. and down the canal across the street every 1/2 hour! Think of the effect on the residents facing the canal and the wear and tear on their docks.. WRONG! Have you seen the beautiful. picture of the dolphins in the canal that was taken in June by several Sand Key residents ? ?. Unfortunately,. that won't happen with a stupid ferry. churning up the water all the time! WRONG! 6. You may be looking at increased taxes on the property, but have you considered how much. LESS taxes you will be getting from the surrounding condos as our values plummet! I already lost one lessee, because they did not like the idea of a hotel being across the street.. WRONG! THIS IS NOT RIGHT!.. I AM SORRY THAT I WILL BE OUT OF TOWN AND. UNABLE TO ATTEND. THE AUGUST 19th MEETING. I. certainly hope enough other residents are able to come to impress upon you what a horrific decision it would be to allow. Legg Mason. to get away with this... Barbara I. Ferree, owner of Condos 305 and 404 at 1591 Gulf Blvd. * * * * * * * * * * * * ** Get fantasy football with free live scoring. Sign up for FanHouse Fantasy Football today. ( http: / /www.fanhouse.com /fantasyaffair ?ncid= aolspr00050000000020) 8/1/2008 0 Wells, Wayne From: Wells, Wayne Sent: Friday, August 01, 2008.12:42 PM To: 'richard @rjha.net' Subject: Cabana Club/ Legg Mason Proposal FYI - - - -- Original Message---- - From: Watkins, Sherry Sent: Friday, August 01, 2008 8:30 AM To: Wells, Wayne Subject: FW: Cabana Club/ Legg Mason Proposal • - - - -- Original Message---- - From: leelin [mailto:leelin @charter.net] Sent: Wednesday, July 30, 2008 5:57 PM To: Gibson, Paul; John.Doran @myclearwalter.com; George @myclearwater.com; Watkins, Sherry; Petersen, Carlen Subject: Fw: Cabana Club/ Legg Mason Proposal - - - -- Original Message - - - -- From: "leelin" <leelin @charter.net> To: < Frank.Hibbard @myclearwater.com> Sent: Wednesday, July 30, 2008 5:48 PM Subject: Cabana Club/ Legg Mason Proposal • Dear Sir: • We are writing to oppose the proposed Cabana Club /Legg Mason Plan to build • a hotel and restaurant resort in the place of the current Cabana Club site • at 1590 Gulf Blvd. The planned complex would destroy the quiet and • peaceful atmosphere of the island with its many deviations from the codes • protecting the island and the businesses we depend upon there. The • increases in traffic, both on land and in the beach area and would bring • negative financial and compatibility effects to our community. • Please vote NO on this redevelopment proposal and the proposed rezoning • variances. > Thank you, > Leland R Walter > Linda L Walter > 1480 Gulf Blvd. > Apt. 204 > Clearwater, FL 33767 1 From: Wells, Wayne Sent: Friday, August 01, 2008 12:56 PM To: 'richard @rjha.net' Subject: Legg Mason; SOS;. Rezoning Notices;. and Hotel. Density FYI - - - -- Original Message---- - From: Watkins, Sherry Sent: Friday, August 01, 2008 8:35 AM To: Wells, Wayne Subject: FW: Legg Mason; SOS; Rezoning Notices; and Hotel Density - - - -- Original Message---- - From: Cretekos, George Sent: Thursday, July 31, 2008 10:38 PM To: 'Norm Englert' Cc: Manni, Diane; Watkins, Sherry Subject: RE: Legg Mason; SOS; Rezoning Notices; and Hotel Density Mr. Norm Englert 140 Marina del Rey. Clearwater, FL 33767 Dear Mr. Englert:. Thank you for advising me. of your support for the proposed redevelopment of the "Cabana Club" property on Sand. Key. It is my understanding that a. completed application for a change in the development plan, as presented by the Legg -Mason developers, will be considered by the City of Clearwater's Community Development Board... For now, there is no. a zoning application pending since. the property is currently zoned "C ". (commercial), which allows for hotel development. Because of the type of modification being requested, I am told that the City. Council will review the application only if the developer requests an increase in. density units per acre... In the. meantime,. I have forwarded your comments directly to the Community Development Board and its staff representative, and you may also wish to attend one of CDB meetings which are held on. the third. Tuesday of each month. It is this board that will approve the site plans.. Again, thank you for taking time to advise me of your views, and with warmest,. personal. regards, I am Sincerely, -- george n, cretekos member, clearwater city council. 727 -562 -4050 . george.cretekosCa myclearwater.com (please note that under florida's public record. laws, written communications, including e- mails, to 8/1/2008 ILI (. Page 2 of 2 x and from members of city council regarding official business are public record and will be. made available to all members of the clearwater city council and the. press) - - - -- Original Message---- - From: Norm Englert [mailto:nenglert@earthlink.net] Sent: Thursday, July 31, 2008 12:21 PM To: Hibbard, Frank; Gibson, Paul; Doran, John; Cretekos, George; Petersen, Carlen Subject: Legg Mason; SOS; Rezoning Notices; and Hotel Density Please know that some residents of Sand. Key are fully in favor of having a. 38 -room boutique hotel with fine dining in our neighborhood.. Thanks,. Norm Englert 140 Marina del Rey Clearwater, FL 33767 727.510.7951. 8/1/2008 Page 1 ofZ( 0 0 Wells, Wayne From:. Wells,. Wayne Sent:. Friday, August 01, 2008.12:53 PM To: 'richard @rjha.net" Subject: cabana FYI - - - -- Original Message---- - From: Watkins, Sherry Sent: Friday, August 01, 2008 8:30 AM To: Wells, Wayne Subject: FW: cabana - - - -- Original Message---- - From: Doran, John Sent: Wednesday, July 30, 2008 7:36 PM To: 'RThac44 @aol.com' Cc: Manni, Diane; Watkins, Sherry Subject: RE: cabana Ms.Thacker: Thank you for your interest and involvement in your community and for your specific comments, but the. Legg Mason matter is a matter before. the Community Development Board, not the City Council, and, to date, there is nothing to suggest that Legg Mason intends. to ask for anything that would come before the City. Council. I will. forward your email. to. Sherry Watkins in our planning department for distribution to the members of the CDB., john doran Clearwater City Council Florida has a very broad public records law. Most written communications to and. from government officials regarding. government business are public records available to the public and to the media upon request. Your e- mail communications may be subject to public disclosure. - - - -- Original Message---- - From: RThac44 @aol.com [mailto:RThac44 @aol.com] Sent: Wednesday, July 30, 2008 5:44 PM To: Doran, John Subject: cabana Mr Doran, I would love to see. Clearwater let Legg. Mason build a first class hotel on the Cabana Club property .... It will certainly be better that what is there now. Pls.. don't let all the negative people have such a strong influence on Clearwater. Change is always better.. thank you for doing such. a hard job. babs thacker * * * * * * * * * * * * ** Get fantasy football with free live scoring. Sign up for FanHouse Fantasy Football 8/1/2008 Page 1. of 1 Wells, Wayne From: Wells, Wayne Sent:. Friday, August 01, 2008 12:49 PM To: 'richard @rjha.net' Subject: Opposition to. Cabana Club. / Legg Mason. proposal FYI - - - -- Original Message---- - From: Watkins, Sherry Sent: Friday, August 01, 2008 8:30 AM To: Wells, Wayne Subject: FW: Opposition to Cabana Club / Legg Mason proposal - - - -- Original Message---- - From: daberryman @aol.com [mailto:daberryman @aol.com] Sent: Wednesday, July 30, 2008 6:26 PM To: Hibbard, Frank; Gibson, Paul; Doran, John; Cretekos, George; Watkins, Sherry; Petersen, Carlen Subject: Opposition to Cabana Club / Legg Mason proposal Dear Council Members: As home owners on Sand Key for many years, we strongly urge you to reject the requested exemptions for the development at the Cabana Club by Legg Mason. The exemptions requested are substantial and inappropriate. This should not be allowed to happen on this beach front and in this residential area. It does not fit in with the neighborhood and will have a negative impact on the area. We believe that the parking is inadequate and the proposed hourly ferry service to be extremely inappropriate. As long time owners and significant taxpayers we ask that you do the right thing to protect our homes, neighborhood and investment. PLEASE, DO NOT ALLOW THIS TO HAPPEN. Respectfully, Dwight and Nancy Berryman 1480 Gulf Blvd. #1207 Clearwater Beach, FL. The Famous, the Infamous, the Lame - in your browser. Get the TMZ Toolbar Now! 8/1/2008 • • Wells, Wayne From: Cyndi Tarapani [CTarapani @fldesign.com] Sent: Wednesday, July 30, 2008 11:51 AM To: Wells, Wayne Subject: Re: Cabana Club Wayne -I forgot.to mention that.in my original. e -mail that I. will certainly provide you with 15 sets.to make distribution easy.. Also, some of the pictures are in color.. Thanks. Cyndi.Tarapani Vice. President,. Planning Florida Design Consultants ctarapani @fldesign.com Office:. 727- 849 -7588 Cell: 727- 234 -7857 Fax: 727- 848 -3648 >>> <Wayne.Wells@myClearwater.com> 7/30/2008.11:47 AM >>> Cyndi - Will. you be submitting a total.of 15 copies of.such information,. so that. all.the CDB members. will get.such information? Wayne - - - -- Original Message---- - From: Cyndi. Tarapani. [mailto:CTarapani @fldesign.com] Sent: Wednesday,.July 30, 2008.9;15.AM To:.Wells, Wayne Cc:. Tom Reynolds; Richard Heisenbottle Subject: Cabana Club Wayne -I wanted to let you know that I.had not forgotten about your request to prepare a history of.the. Cabana Club to include in the package. L expect to have the letter to.,you by Friday,. August 1. In addition to the history, I am attaching pictures and exhibits.that confirm this history. If.you have.any questions, please let.me know.. Thanks. Cyndi Tarapani Vice President; Planning Florida Design Consultants ctarapani @fldesign.com Office: 727- 849 -7588 Cell:. 727 - 234 -7857 Fax:. 727 - 848 -3648 1 Wells, Wayne From: Sent: To: Cc: Subject: In Unity of Title )eclaration 200. Cyndi - 0 Wells, Wayne Thursday, July 24, 2008 5:14 PM 'Cyndi Tarapani' Delk, Michael Unity. of Title I am attaching the standard Declaration of. Unity of Title document for your use.. Should you find this difficult to.use, get creative as to.a different document that. would be. recorded in the public record and would accomplish the same intent of tying. the Cabana Club as proposed with its.accessory.restaurant to. the Belleview Biltmore property (restrictive.covenant, etc.). Wayne - - - -- Original Message---- - From: Cyndi.Tarapani [mailto:CTarapani @fldesign.com] Sent:.Thursday, July 24,.2008 3:14 PM To:. Wells,.Wayne Subject: Unity of.Title Wayne -do you have a sample. Unity of.Title document that you can send me? Thank you.. Cyndi. Tarapani Vice President,. Planning Florida Design Consultants ctarapani @fldesign.com Office: 727- 849 -7588 Cell: 727- 234 -7857 Fax: 727 - 848 -3648 1 e PLANNING DEPARTMENT W Y 0 9 C ITY OF C LEARWATER 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 July 23, 2008 Richard Heisenbottle R. J. Heisenbottle Architects, P.A. 2199 Ponce de Leon Boulevard, Suite 400 Coral Gables, FL 33134 Re: Community Development Board Meeting (Case No. FLD2008- 02002) Dear Mr. Heisenbottle: You have filed Case No. FLD2008 -02002 for property located generally at 1590 Gulf Boulevard for Flexible Development approval to permit a 38 -unit overnight accommodation use with a 125 -seat accessory restaurant in the Commercial (C) District with a reduction to the required lot width from 200 to 88.41 feet, a reduction to the front (east) setback from 25 to five feet (to pavement), a reduction to the side (north) setback from 10 to zero feet (to building), a reduction to the rear (west) setback from the Coastal Construction Control Line (CCCL) from 20 to zero feet, to allow proposed temporary cabanas up to 25 feet west of the CCCL and an increase to building height from 25 to 67 feet, as a Comprehensive Infill Redevelopment Project, under the provisions of Section 2- 704.C; and a reduction to the front (east) perimeter buffer from 15 to five feet (to pavement), a reduction to the side (north) perimeter buffer from 10 to zero feet (to building and pavement) and a reduction to the width of interior landscape islands from eight to 4.6 feet inside curbing, as a Comprehensive Landscape Program, under the provisions of Section 3- 1202.G. This case has been scheduled for review by the Community Development Board on August 19, 2008. The meeting will take place at 1:00 p.m. in the City Council Chambers, 3rd floor of City Hall at 112 S. Osceola Avenue, Clearwater. If you have any questions, please do not hesitate to call me at 727 -562 -4504. S'. cerely, M. h&L Wayn M. Wells, AICP Planner III S: (Planning DepartmentlC D BIFLEX (FLD)IPending cases) Up for the next CDBI Gulf 1590 Belleview Billinore Cabana Club (C) - 8.19.08 CDB - WWIGulf 1590 CDB Letter 7.23.08.doc 9 "EQUAL EMPLOYMENT AND AFFIRMATIVE ACTION EMPLOYER'S Wells, Wayne From: Wells, Wayne Sent: Wednesday, July 23, 2008 3:58 PM To: 'Cyndi Tarapani' Cc: Joseph Penner; Tom Reynolds; Richard Heisenbottle; Delk, Michael Subject: Cabana Club- conditions Cyndi - I have talked to Michael and we don't have an issue with a two -year time frame to submit for a building permit. A condition of approval will be included regarding such. Wayne - - - -- Original Message---- - From: Cyndi Tarapani [mailto:CTarapani @fldesign:com] Sent: Wednesday, July 23, 2008 10:00 AM To: Wells, Wayne Cc: Joseph Penner; Tom Reynolds; Richard Heisenbottle Subject: Cabana Club- conditions Wayne -we would like to ask for two years to apply for a building permit, instead of the typical one year. The reason for this is that the.Cabana Club, the Belleview Biltmore Hotel and Golf club will be designed and built as a group by the same architect,'R.J. Heisenbottle, and selected contractor. Due to the size and complexity of the multiple buildings, additional time to prepare the final construction drawings is needed. In addition, the project may be delayed somewhat due to a legal challenge to the approval of the Belleview Biltmore Hotel in Belleair. Although the buildings are in separate jurisdictions and locations, of necessity, further design will be delayed until the legal challenge has been resolved. Would you please confirm that the two- year time frame is acceptable to the City staff? Thanks. Cyndi Tarapani Vice President, Planning Florida Design Consultants ctarapani @fldesign.com Office: 727- 849 -7588 Cell: 727 - 234 -7857 Fax: 727 - 848 -3648 0 Wells, Wayne • From: Cyndi Tarapani [CTarapani @fldesign.com] Sent: Monday, July 14, 2008.10:49 AM To: Delk, Michael Cc: Clayton, Gina;. Wells, Wayne; Tom. Reynolds;. Richard Heisenbottle Subject: Cabana Club Michael - I. would like to ask you to follow upon our conversation from this morning regarding the Cabana Club.. As. we discussed, our plans. show temporary cabanas. west of.the CCCL and up.to the seawall...We also show grass and trees.in this. area, but we have carefully relocated the trees so that, they are NOT within the five feet wide Public. Easement to insure that we. do not. have any impediments. to.the public.using.the easement.. On the DRC agenda from the July 3 agenda,.the. request for this.project includes "to allow proposed improvements.up.to 49.5 feet west of. the CCCL. "..As.I. mentioned this.morning,. I am unclear as to why the. City is advertising this. request since it.is.our understanding that the improvements.are subject.to the approval. of the Florida Dept. of Environmental. Protection and are not. within the jurisdiction of the City—would you please let me know if.this request should be deleted ?. Please also note that we did not include this request in our original application since we did not.believe.it to.be within the.City's jurisdiction, but have only now included it.at the.City's. insistence... Also, as I read the request.language from the DRC agenda,. I note another item that seems inapplicable to this.project.. Our application is for a Comprehensive Infill.Project as a Flexible. Use in the Commercial district. The DRC agenda also includes a request. to allow "a deviation to allow direct access.to.an arterial street (Gulf Boulevard). "..This. condition regarding.direct access.is.found only in the Overnight. Accommodation use in the Flex Standard conditions,. NOT as a condition for the Comprehensive Infill. Project. Again, I would ask that you look into this issue, since it.is.unclear why the.project would need a deviation to a condition that does.not apply to it. I would also note that.there. are other conditions in the.Overnight Accommodation Flexible.Standard use but.this is.the only one that.is.included as. a deviation in the. request language. Thanks for your help. If you need further information from me or our team, please let me know.. Cyndi Tarapani Vice President, Planning Florida Design Consultants ctarapahi @fldesign.com Office: 727 - 849 -7588 Cell: 727- 234_ -7857 Fax: 727 - 848 -3648 Q �1 2199 PONCE DE LEON BOULEVARD SUITE 400 CORAL GABLES FLORIDA 33134 305.446.7799 305.446.9775 FAX HEISENBOFF1 F A R C H I T E C T S www.rjha.net A Professional Association AAC001513 3r 0, O July 14, 2008 Mr. Wayne Wells, Planner II City of Clearwater Planning Department Municipal Services Building 100 South Myrtle Avenue Clearwater, FL 33756 RE: Belleview Biltmore Cabana Club FLD2008 -02002 —1590 Gulf Boulevard Response to DRC Comments of July 3, 2008 Dear Mr. Wells: ORIGINAL RECEIVED JUL 15 2000 PLANNING DEPARTMENT CITY OF CLEARWATER On behalf of our Client, Legg Mason Real Estate Investors (Legg Mason), I am pleased to submit the enclosed information for the above referenced project in response to the review comments received at the City of Clearwater Development Review Committee (DRC) meeting of July 3, 2008. We understand that this application will be scheduled for review by the Community Development Board on August 19, 2008. Enclosed please find the following documents to comprise a complete application: 1. Flexible Development Application, 15 copies. 2. Exhibits to Application including General Applicability Responses, Comprehensive Infill Redevelopment Project Responses, Recorded Deed and Fire Flow Calculations Worksheet. 3. Reduced Color Building Elevations and Renderings, 15 copies. 4. Reduced Color Landscape Plan, 15 copies. 5. Comprehensive Landscape Program Application and Responses, 15 copies. 6. Resort Cabanas manufacturer's cut sheet, 15 copies. 7. Site Plan, 15 copies each of Civil, Architectural and Landscape Plans. 8. Boundary Survey, 15 copies. To facilitate your review, the comments are restated below (in bold) followed by our responses: GENERAL ENGINEERING: Comment No. 1: Prior to the issuance of a Building Permit: 1. Separate taps on the existing water main shall be provided for potable, fire and irrigation water connections. 2. The City of Clearwater will provide water tap, (Clearwater Code of Ordinances Section 32.095), set the water meter (Clearwater Code of Ordinances Section 32.096) and set the B.F.P.D. (back flow preventor device). The applicant is responsible for the water main extension from the 0 i Mr. Wayne Wells, Planner II July 14, 2008 Page 2 tap to the device. Applicant is also responsible for all associated fees and all other installation fees. 3. The applicant proposes to cut and cap at the property line a 6 -inch water main that terminates in the applicant's property at a Fire Hydrant Assembly (FHA). Rather than cut and cap this water line applicant shall instead install either a FHA or a permanent blow -off assembly at the property line to facilitate flushing of the line to prevent stagnation. Applicant shall coordinate all activities related to the shortening of this water main with the Public Utilities Department prior to any work taking place. Prior to the issuance of a Certificate of Occupancy: 1. Applicant shall submit 5 sets of as -built drawings that are signed and sealed by a professional registered in the State of Florida. The Construction Services Inspector will field inspect as-built drawings for accuracy. Note: Reclaimed water is not presently available to this site. General Note: DRC review is a prerequisite for Building Permit Review; additional comments may be forthcoming upon submittal of a Building Permit Application. Response No. 1: 1. Comment acknowledged. At the time of Construction Plan preparation, separate taps will be provided for the domestic water service, the building fire service, the irrigation service, and the fire hydrant service. 2. Comment acknowledged. At the time of Construction Plan preparation, a note will be added to the plans stating, "The City of Clearwater will provide the water taps, set the water meter, and set the BFPD (back flow preventor device). The Developer / Applicant acknowledges responsibility for the remainder of the installation and all applicable fees. 3. Comment acknowledged. At the time of Construction Plan preparation, a Permanent Blow -Off will be added to the existing watermain at the property line so that the line can be flushed to prevent stagnation. See Sheet C- 2. 1. Comment acknowledged and as -built plans will be 0 i Mr. Wayne Wells, Planner II July 14, 2008 Page 3 provided. ENVIRONMENTAL: Comment No. 1: Prior to building permit, provide a copy of the approved Florida Department of Environmental Protection (FDEP) permit for construction beyond the Coastal Construction Control Line (CCCL). COMMENT ACKNOWLEDGED 6/1 1/08. Prior to building permit, provide outdoor lighting specifications that will protect the sea turtle nesting beach from light pollution, according to Ord. No. 6928 -02. COIVB ENT ACKNOWLEDGED 6/11/08. Response No. 1: Comment acknowledged. These items will be addressed prior to issuance of the building permit. FIRE: Comment No. 1: No Issues Response No. 1: No further response required. HARBOR MASTER: Comment No. 1: No issues. Response No. 1: No further response required. LEGAL: Comment No. 1: Raised/elevated cabana area shall not block or impede Perpetual Public Easement Area for Pedestrian Passage. No structure, landscaping, or other site improvement shall block, obstruct, or impede access to any easement existing on the subject property. Response No. 1: The temporary cabana area (area west of the Coastal Construction Control Line (CCCL)) will be left generally at its current elevation. The previously shown stairs and elevated area has been removed from all of the plan sheets (Civil, Architectural, Landscape Architectural). Therefore, there are no impediments to the Perpetual Public Easement Area for Pedestrian Passage. See the enclosed Site Plans. 0 . Mr. Wayne Wells, Planner II July 14, 2008 Page 4 LAND RESOURCES: Comment No. 1: 4/23/08 -Show all trees with their canopies, on all of the civil plans prior to CDB. Response No. 1: All existing trees and their canopies were previously shown on the Existing Conditions Plan. See Sheet C -2. All existing trees to remain and their canopies have been added to all of the Civil and Landscape Architectural plan sheets. See enclosed Site Plans. Comment No. 2: Show the condition rating of the trees, on the spreadsheet prior to building permit. Response No. 2: Comment acknowledged. LANDSCAPING: Comment No. 1: Sheet C -3 - Dimension the width of the interior landscape area west of Space #12. Response No. 1: The width of the interior landscape area west of parking space #12 has been dimensioned. See Sheet C -3. Comment No. 2: Sheet L -6.02 - Plant Schedule must be revised to indicate the caliper of the GT and MG trees at a minimum 2.5" caliper and the palms must be. noted that the size (height) is "ct" (clear trunk). Response No. 2: On Sheet L -6.02, the plant schedule has been revised to indicate the GT and MG trees at a minimum of 2.5" caliper and palm heights are noted as C.T. (clear trunk). Comment No. 3: 6/25/08 - WW It is our determination that the foundation planting area and location for the "little gem" magnolias trees proposed is inadequate for these trees and either accent or palm trees should rather be used (see comment below). The area south of the garage entrance between the accessible path sidewalk and the trash staging area also qualifies as a foundation planting area where the required trees can be planted. The trees added at the rear of the building adjacent to the Cabana Club Condos is not a foundation planting area, but rather a perimeter buffer area. Revise. Response No. 3: The "little gem" magnolias have been replaced with groupings of Sabal palms for a total of 12 palm trees to fulfill the requirement for foundation landscaping. The heights of the i r Mr. Wayne Wells, Planner II July 14, 2008 Page 5 palms have been specified at different heights on the plan. Comment No. 4: Sheet C -3 - Cannot count perimeter buffers or foundation landscape areas also as interior landscape area (no double counting; I, may have misled you on prior comments for the northeast side of the building). The area on the northwest side of the restaurant portion of the building does not count as interior landscape area, as well as the east and south perimeter buffers. Cannot count area west of the building as interior landscape area. Revise crosshatching on this sheet and revise calculations on Sheet C -1. Response No. 4: The Interior Landscaped Areas have been revised pursuant to the above comment. Areas that are considered Perimeter Buffers and Foundations Landscaping have been removed accordingly. See Sheet C -3 and the Land Use Data table on the Cover Sheet, for revised area calculations. Comment No. 5: Sheet C -3 - Dimension the width/depth of the foundation landscape area, on either side of the porte cochere and on the south side of the entrance to the garage (next to trash staging area) (Code requirement is five feet; any reduction must be requested as part of a Comprehensive Landscape Program). Response No. 5: Dimensions have been added to the foundation landscape areas in front of the proposed building entrance and adjacent to the entrance to the covered parking area. The foundation landscaping has been revised to meet the City's requirements. See Sheet C -3. Comment No. 6: 6125/08 - WW The planting areas/islands next to Space #1 will still need to be planted with either accent or palm trees (two accent = one shade; three palms = one shade) to count as interior landscape area. The planting areas/islands next to Space #23 (formerly #28) is only indicated on Sheet L -6.02 to have one palm (not two as indicated in your response letter). It must contain three palms (planted outside the visibility triangle). Response No. 6: The planting area next to space #1 has been planted with 3 Sabal palms. The planting area next to space #23 has been planted with 3 Sabal palms and the location for future signage moved to accommodate them. PARKS AND RECREATION: Comment No. 1: The Public Art and Design Impact Fee is due and payable on this project prior to issuance of building permit. This fee � s Mr. Wayne Wells, Planner II July 14, 2008 Page 6 could be substantial and it is recommended that you contact Chris Hubbard at 727 - 562 -4837 to calculate the assessment. Response No. 1: Comment acknowledged. The Public Art and Design Impact Fee will be paid prior to the issuance of the building permit. Comment No. 2: Open space/recreation impact fees are due prior to the issuance of building permits or final plat (if applicable) whichever occurs first. These fees could be substantial and it is recommended that you contact Art Kader at 727 -562- 4824 to calculate the assessment. Response No. 2: Comment acknowledged. The Open Space / Recreation Impact Fees will be paid prior to the issuance of the building permit. STORMWATER: Comment No. 1: Below comments were acknowledged in writing on 6/11/08. The following shall be addressed at Building Permit Application. 1. Provide a copy of the approved SWFWMD permit. 2. Provide a copy of the approved permit from Pinellas County to tie into their drainage system for Gulf Boulevard (C.R. 183). 3. Provide a specification supporting the permeability rate K in the drawdown analysis. 4. Show how the roof runoff will be directed to the proposed vault. 5. Include in the drainage report the maintenance plan for the on -site stormwater facility. 6. Provide the design elevations of all storm structures in feet, not in Lat + Long format. 7. Show pipe sizes, slopes, and type of pipe material is to be used. 8. Identify all storm structures depicted on the plan and provide a detail for each type of structure to be used. Response No. 1: 1. Comment acknowledged. At the time of Construction Plan preparation, a SWFWMD ERP will be applied for. A copy of the approved SWFWMD Permit will be provided upon receipt, prior to issuance of the building permit. 2. Comment acknowledged. At the time of Construction Mr. Wa ne Wells, Planner II Y July 14, 2008 Page 7 Plan preparation, a Pinellas County Right -of -Way Permit will be applied for. A copy of the approved Permit will be provided upon receipt, prior to issuance of the building permit. 3. Comment acknowledged. At the time of Construction Plan preparation, the proposed Stormwater Management System will be designed with the use of information provided by a geotechnical firm. This information will be provided with the Construction Plan submittal. 4. Comment acknowledged. At the time of Construction Plan preparation, the roof drains will be shown tying directly into the proposed Stormwater Management System. 5. Comment acknowledged. At the time of Construction Plan preparation, a proposed Maintenance and Operation Checklist will be provided directly to the Developer. A copy of the Checklist will be included in the proposed Stormwater Management Report. 6. Comment acknowledged. At the time of Construction Plan preparation, all design elevations for the Stormwater Management System structures will be provided in feet. 7. Comment acknowledged. At the time of Construction Plan preparation, all pipe sizes, slopes, and type of material will be shown. 8. Comment acknowledged. At the time of Construction Plan preparation, all storm structures shown will have a detail provided. Comment General Note: 1. DRC review is a prerequisite for Building Permit Review; additional comments may be forthcoming upon submittal of a Building Permit Application. Response: 1. Comment acknowledged. SOLID WASTE: Comment No. 1: No issues. Mr. Wayne Wells, Planner II • July 14, 2008 Page 8 Response No. 1: No further response required. TRAFFIC ENGINEERING: Comment No. 1: Prior to the issuance of a Building Permit: 1. Include with plans FDOT INDEX 304, (page 6 of 6) depicting "Truncated domes for ramps ". Response No. 1: 1. FDOT Index 304 (Page 6 of 6) has been added. to the Plans. See Sheet C -8. Comment: General Note(s): 1. Applicant shall comply with the current Transportation Impact Fee Ordinance and pay the required fee, if any, prior to the issuance of a Certificate of Occupancy (C.O.). 2. DRC review is a prerequisite for Building Permit Review; additional comments may be forthcoming upon submittal of a Building Permit Application. Response: 1. Comment acknowledged. The Transportation Impact Fee will be paid prior to the issuance of the Certificate of Occupancy (C.O.). 2. Comment acknowledged. PLANNING: Comment No. 1: 7/2/08 — WW Please add as a note on Sheet C -6. 4/29/08 — WW Per Section 3 -911, all electric and communication lines on- site must be placed underground. Response No. 1: A note has been added to the plans stating, "All electronic and communication lines on -site must be placed underground." See Sheet C -6. Comment No. 2: 7/2/08 - WW While we continue to receive many emails from concerned citizens, please specifically address through the application materials (written material and/or drawings) recently submitted emails from Todd Pressman (June 15th and June 25th) and Cynthia Remley (July 1st, including the attachments). DRC M[ Adana 1.1 Mr. WaneWells, Planner II Wayne July 14, 2008 Page 9 Response No. 2: Todd Pressman E -mail dated .Tune 15, 2008 Conservation Element, Objective 25.6 and Policies 25.6.3, 25.6.4 and 25.6.6 Comment: It is critical to note that a formal City public sidewalk access lies abutting along this entire project site on the South. Response: The sidewalk referenced in this comment is located almost totally on the property to the south, Dan's Island Condominium. In addition, the sidewalk is within and subject to a public access easement dedicated by the developer of Dan's Island, which easement is totally located within the Dan's Island property. The Cabana Club project will not have any effect on the public access easement since this easement is completely located outside of the project's property boundary. Conservation Needs Summary Comment: I believe this ties into again the desire to further intensify -by many fold- a Commercial operation on what is designated a non - commercial corridor. Some scenic non- commercial corridors on the main land in the County and City have not remained in this director character. However, this area of Gulf Blvd. is solely residential. Response: According to the adopted Pinellas County Countywide Scenic/Non- Commercial Corridor Master Plan published by the Pinellas Planning Council and dated August 16, 1994, Gulf Boulevard is NOT a designated Scenic/Non- Commercial Corridor. Therefore, the comment is inapplicable to the project. In addition, it should be noted that the comment is excerpted from an introductory section of the Conservation Element, NOT the adopted Goals, Objectives and Policies section that governs land use decisions. Future Land Use Comment on Policy 1.1.1: I find it personally objectionable that it appears that the applicant may be seeking to not include improvements past approximately 49' from the CCCL line in all plans submitted to the City. It appears to me that the City has a right to review, comment and make a recommendation of those plans. Further, it is believed that the requested 0' set back appears to not be in line with this element. Response: The Applicant acknowledges that the City has a right to review, comment and make a recommendation on the improvements seaward of the CCCL. The Applicant has also Mr. Wayne W*1 ells, Planner II • July 14, 2008 Page 10 acknowledged previously and continues to state that he is aware that these improvements require a permit approved by the State Department of Environmental Protection. We believe that these improvements will not have any negative impact on any surrounding properties and will only serve to enhance the project by providing a shaded area for the hotel guests. Based on our research, we have identified improvements seaward of the CCCL on other properties located on Sand Key; therefore, the City has recognized that these improvements are consistent with the City's Comprehensive Plan and Land Development Code. Comment on Policy 3.2.3: The project is not located as indicated above. It is not located at any intersection. The obvious purpose of this element, in my mind, is that more impacting uses are located at points that can support the use and not be harmed by their activities. Further, the concern of commercial impacts is a serious liveable issue to this residential neighborhood, as supported by the recent City Commission vote not allowing higher hotel density specifically on Commercially zoned parcels. These concerns are further raised by the applicant seeking significantly more impacts to the site, including an approximate 137 seat restaurant, 38 room hotel, bus and boat shuttles, the approximately 260% increase in height (and use...) and strong attractions for the general public above and beyond hotel guests. What is planned for the site far exceeds any ability whatsoever, in my opinion, to minimize any intrusions. Response: The site's existing Comprehensive Plan Category is General Commercial and the existing zoning is Commercial. The Applicant has not requested an amendment of either the existing Plan Category or the zoning district. The Applicant has the right to request development of this permitted use within the existing zoning district. It should also be noted that this comment does not accurately reflect the entirety of the Policy in the context of the Future Land Use Element. Goal 3 of the Future Land Use Element to which Policy 3.2.3 is subordinate reads as follows: "A sufficient variety and amount of future land use categories shall be provided to accommodate public demand and promote infill development." The plain reading of Goal 3 and Policy 3.2.3 makes it clear that Mr. WaW0 ells, Planner II • Wayne July 14, 2008 Page 11 these statements provide guidance to the City when an amendment to a site's Future Land Use Plan category is requested, which is clearly not the case for this application. Therefore, this comment misstates the meaning of Goal 3 and Policy 3.2.3. as applied to this site and the cited Goal and Policy have no bearing on this application. Coastal Management Element Comment on Policy 23.1.2: I have been informed by Nicole Elko, in the Pinellas County's Coastal Management Department, that the CCCL line is located 20' Gulfward of the Ultimar project (to the North of the project site and Cabana Condo's) and 10' Gulfward of the Dan's Island project (to the South of the project site). She communicated that before the last beach renourishment, waves were hitting against the Dan's Island CCCL line. It appears that the proposal by Legg Mason would obviously have problems with that circumstance. The proposed zero foot setback, and the approximately 49' Gulf ward proposal, and as I understand, a then proposed elevated structure, would literally be, in my opinion, so out of character, so far beyond what is present on Sand Key and that it could literally be termed a monstrosity. Response: This comment is misleading since it references a situation that occurred prior to the beach renourishment and that renourishment has actually occurred. Most importantly, the project will comply with all local and state building requirements and will only build the improvements seaward of the CCCL upon approval by the City and the State Department of Environmental Protection. The comment is further misleading since the specific Policy 23.1.2 states that: "Development applications shall be reviewed to ensure that proposed new development or redevelopment will not encroach on or remove wetlands or beaches..." The site does not contain any wetlands and the Project will not encroach on or remove beaches, as demonstrated in the application materials. If the proposed 6- story hotel with 38 rooms is a "monstrosity" according to the writer, I wonder how the writer would characterize the 21 -story The Grande Condominium, the 20- story Meridian on Sand Key, the 18 -story Landmark Towers One, the 17 -story Harbour Light Towers, the 18 -story Lighthouse Towers, two condominiums at the 17 -story Crescent Beach Club One and Two, the two condominiums of Mr. WaW0 ells, Planner II • Wayne July 14, 2008 Page 12 19 -story Ultimar Two and Three, and the 11 -story Dan's Island, and the 16 -story Isle of Sand Key (in which the writer owns a non - homestead unit). B. Todd Pressman E -mail dated June 25, 2008 Comment on General Applicability Criteria Item 1: Response: We stand by our analysis in the narrative and believe that the project is in harmony with the adjacent properties as demonstrated by the submitted plans and narrative. Comment on General Applicability Criteria Item 2: Response: The project that was previously denied on this site was a Future Land Use Plan amendment from Commercial to High Density Residential and a related site plan for residential use. These two applications are not the same request nor does it request the same proposed use, as the writer incorrectly states. We stand by our analysis in the narrative discussing the various Commercial uses that are permissible in the Commercial zoning district as compared to the proposed hotel. The narrative describes in detail how the other permissible commercial uses in the district would be more intrusive, more intensive and generally out of character with the area. In comparison, the proposed boutique hotel will have only minimal impact. ' Comment on General Applicability Criteria Item 4: Response: The City Code requires one parking space per hotel room and the project is providing 56 parking spaces, in excess of the code requirement. The City has confirmed previously that the parking calculation for the project is correct and therefore, no revisions are necessary. With regard to the accessory restaurant, the restaurant by its function, location and design will be accessory to the hotel. The restaurant may only be accessed through the hotel lobby and will not have any exterior signage. The Applicant requests the ability to operate an accessory restaurant within the hotel the same as the City has approved accessory restaurants at many other hotels throughout the City. Comment on General Applicability Criteria Item 6: Response: We stand by our analysis in the narrative that the Mr. WaneWells, Planner II • Wayne July 14, 2008 Page 13 project complies with the Criterion requiring that the project "minimizes adverse effects...." We also stand by our analysis that the setbacks proposed are consistent with the immediately surrounding area as well as the entirety of Sand Key. We think it is disingenuous and inaccurate to state that this proposal is inconsistent with the height of the immediate area and Sand Key in general when the proposed building is 6 stories in height as compared to the typical height on Sand Key of 17 -22 stories. As we have demonstrated, the project at 6 stories is lower in height than all adjacent properties including Cabana Club Condominium at 8 stories, The Harbour at 7 stories, Dan's Island at 11 stories and the Isle of Sand Key at 16 stories. Comment on General Applicability Criteria Item 6C: Response: Our response to Criterion 6c is extensive, detailed and documents that the design, scale and intensity of the proposed development supports the established or emerging character of an area (i.e., the Sand Key area in which the project is located). Comment on General Applicability Criteria Item 6d: Response: The writer's statement on the purpose of the roof design is inaccurate. The clear and obvious purpose of the roof design was to be consistent with the Cabana Club Condominium design to the north and to replicate the architectural features of the historic Belleview Biltmore Hotel, both of which have the same pitched roof design. We disagree with the writer's statement that the roof design provides an opportunity to gain extra height to which the project is not entitled. The roof is designed to provide aesthetic and architectural consistency, not to add height for the sole sake of adding height. C. Cynthia Remley E -mail dated July 1, 2008 Comment 1: Boat Dock - Comment No. 6: with respect to Legg Mason's purported right to use a dock, please see the attached memo from Alan Zimmet. Response 1 : We have removed all references in the narrative to the boat dock located on the east side of Gulf Boulevard. It should be noted that while our legal counsel disagrees with Mr. Zimmet's opinion regarding the dock, we are not responding to his opinion due to the fact that we have removed all references to the dock. Due to community concerns, we are evaluating Mr. Wa3'n �Wells, Planner II July 14, 2008 Page 14 1. Traffic: other options at this time. We reserve our right to bring this issue back to the City in the future after we have completed our assessment of the available alternatives. Comment 2: Traffic, parking, Comprehensive Infill Redevelopment Criteria, Height, Coastal Construction Control Line and Public Access Easement- Please see the attached "LM Issues" document. It appears that the City should be requiring a Traffic Impact Study for this proposed project since it appears to generate in excess of 1,000 vehicle trips /day. Using ITE 7th Edition, motel rooms general 9.11 trips a day /room and a high turnover sit down restaurant generates 127.15 vehicle trips a day /1,000 sf. Or 6.21 trips /seat on Saturdays. Based on this, 38 motel rooms generate 346.18 trips a day and a 125 seat restaurant generates 776.25 trips a day for a total of 1122 vehicle trips a day. Additionally, the information from the applicant indicates that their guests will be dropped off on the opposite side of Gulf Blvd. and will have to cross Gulf Blvd. The applicant has not addressed any safety issues regarding this plan. Response 1: The City has determined that a traffic study is not required for this project. The method of calculating the trips for the hotel is inaccurate as stated above since a hotel, by City definition, may include accessory uses such as a restaurant. The City does not calculate the trip generation for accessory uses in addition to the hotel. The Applicant has removed all references to the boat dock from the narrative. However, it should be noted that residents on the east side of Gulf Boulevard currently cross this street to walk along the public access easement and reach the beach. If there are existing safety issues for residents, the residents should pursue this concern with the City. 2. Parking: If the restaurant is going to be open to the public, it should provide parking in addition to the motel guest parking to accommodate these patrons. Section 1401(C) of the City land development regulations allow the Community Development Director to require a Parking Demand Study. It seems appropriate to request this study from the Mr. Wagyn e Wells, Planner II 9 July 14, 2008 Page 15 applicant given the apparent shortage of spaces for both a restaurant and a hotel. Under Section 1405 of the City development regulations, a matrix is provided for the percentage of parking for different land use types need during different times of the day. This is provided to show that shared parking can accommodate the site's needs. Based on that matrix, both restaurants and overnight accommodations need 100 percent of their required number of spaces in the evenings, which implies that the proposed number of spaces is insufficient to meet the anticipated demand. Under the City's Comprehensive Infill Redevelopment Project criteria, the Development Coordinator at the City decides upon the required number of parking spaces based on either ITE or the specific uses. Response 2: This comment is inaccurate and is not consistent with the City's code and policies on the method of calculating parking spaces. As stated in the response to Comment 1 above, the City does not require additional parking for accessory uses in a hotel. The Code requires one space per hotel room, which is 38 spaces for the proposed project. The project - proposes to construct a total of 56 parking spaces, which exceeds the code requirement. 3. Comprehensive Infill Redevelopment Criteria: The development code states that in order to qualify as a Comprehensive Infill Redevelopment Project, the project must meet certain specific criteria. There are criteria that state that the proposed project must provide redevelopment in an area characterized by other similar developments. It also requires that setback, lot width, and height variances must support the established or emerging character of the area. Since the site is a commercial site in an otherwise exclusively residential area, it cannot meet the setback, lot width requirements or the height limitations, and the proposed development does not appear to meet these criteria. Response 3: The writer misstates the Comprehensive Infill Redevelopment Project criteria above. The Criteria that references the "established or emerging character of the area" is Criterion 6c and is quoted below: "Flexibility with regard to use, lot width, required setbacks, Mr. Wayne W0 ells, Planner II July 14, 2008 Page 16 4. 5. Height: height and demonstrated objectives: 0 off - street parking are justified based on compliance with all of the following design c. The design, scale and intensity of the proposed development supports the established or emerging character of an area." Our response to Criterion c is extensive, detailed and documents that the design, scale and intensity of the proposed development supports the established or emerging character of an area (i.e., the Sand Key area in which the project is located). While the applicant is providing the height of the proposed building as defined in code, they have yet to provide a real height for the project. It would be beneficial and enlightening to know exactly how high the building will be, as measured from existing finished grade to the peak of the highest roofline. That is the only way that the height can be meaningfully measured relative to other structures in the area. Response 4: The height of the proposed building is shown consistent with the City Code method of measuring height; therefore, no revisions are required. Coastal Construction Control Line The applicant claims that the proposed CCCL setback is the same as the adjoining properties, but that is questionable based on looking at the existing building line. It would be appropriate for the applicant to provide a plan view drawing of the site plan with the Coastal Construction Control Line shown so that it is clear what portions of the development are seaward of that line. It would also be beneficial to have a drawing that shows the proposed site plan and the existing adjacent buildings and show the CCCL along all of these to show that the setbacks are identical, as stated by the applicant. Response 5: The drawing suggested by the writer is not a City application requirement. The location of the CCCL on the project site is clearly shown on the survey and all plans. We stand by the statement in our narrative that "The two adjacent neighboring residential buildings are also located on or within close proximity to the Coastal Construction Control Mr. Wayne 0 lls, Planner II • Yn July 14, 2008 Page 17 or within close proximity to the Coastal Construction Control Line (CCCL) which is also consistent with the pattern of construction of the other buildings along Sand Key as previously documented" (General Applicability Criteria No. 1, page 5 -6). This statement is based on our aerial photography interpretation. 6. Public Access Easement When questioned about the blockage of the existing public access easement, the applicant responded that break -away structures would be in there. Breakaway is not the same thing as clear passage. The applicant needs to address where they infringe upon the public access easement by showing it on the site plan, along with the CCCL line. Response 6: The plans have been clearly revised to eliminate any trees, shrubbery or cabanas from the public easement along the seawall. Therefore, there is no infringement or blockage within this public access easement. Comment 3: Restaurant size- We believe that the Applicant should provide the square footage of the proposed new restaurant, calculated as the City does, to include restrooms and all kitchen, preparation, lobby, storage and service areas. Response 3: We have confirmed with the City as to the proper method of calculating the size of the accessory restaurant. The size of the restaurant is 4,981 square feet and is clearly shown on the architectural plans. Comment 4: Adverse Effects on Adjacent Properties with respect to Visual, Acoustic, Olfactory and Hours of Operation- Exhibit. B, Criteria and Response No. 6: The comments completely omit any mention of the Isle of Sand Key Condominium Building which is adjacent to the asset and south of the proposed development. The applicant has not accurately commented on the adverse impact, especially visual, to all of the surrounding and adjacent properties. Response 4: We stand by our analysis in the narrative and believe that we have documented that the project will minimize impacts on the surrounding area. Comment 5: Turtle Nest -CMA has identified 3 Sea Turtle Nests on Sand Key, one of which is located near this property. It is not clear how the Applicant's proposed plans Mr. Wa y Wells, Planner II • n July 14, 2008 Page 18 will protect and preserve the habitat of sea turtles and other wild life. Response 5: The project will absolutely comply with all requirements regarding sea turtle habitat. The writer states that the nest is "located near this property." If the writer can provide more detailed information about the specific location of the nest, the Applicant will investigate its location to evaluate it and insure compliance. Comment 6: Public Access Easement OR6848 -We do not understand how the City can allow this easement to be obstructed in any manner. Response 6: The Applicant has responded to this issue several times in this letter. The plans have been revised to clearly show that there will not be any trees, shrubbery or cabanas within the public access easement; therefore, there will not be any obstruction located in the easement area. Comment 7: Meetings with Adjacent Property Owners: - Comment No. 44: Applicant's representations concerning past meetings and current discussions, is not accurate. There have been only two public presentations by the applicant to all Sand Key residents (1) February 4a`, Banquet Room on the 3`d Floor of the Cabana Club Restaurant; and (2),March 5a' at a public meeting of the SKCA held at the Clearwater Sailing Center located on Sand Key. Presentations were conducted before the Applicant had completed and disclosed its development plan included the area up to and seaward of the CCCL. The applicant has refused the request of the residents' attorney to conduct another public meeting on Sand Key to support the greatest attendance possible by the residents who will be impacted by this proposed development. Response 7: The comment regarding the timing of the presentation with regard to completing the development plan is inaccurate. Legg Mason submitted its original application to the City of Clearwater on February 1, 2008 which preceeds both public presentations mentioned by the writer. The original submittal and all subsequent revised plans have clearly shown that non - habitable improvements were proposed seaward of the CCCL. The comment with regard to another public meeting is also completely inaccurate. The actual situation is that Applicant's attorney initiated a discussion with the residents' attorney to Mr. Wayne W*1 ells, Planner II • July 14, 2008 Page 19 invite the residents to a meeting to discuss the project. This meeting was held on July 8, 2008, a date selected by the residents, and was attended by approximately 24 persons, exclusive of the Legg Mason team in attendance. Comment 8: Cabana Club Condominium Board - Applicant represents in Exhibit A, Comment 1, p. 2 and in Exhibit B, Comment 1, p.11, "... that the Cabana Club Condominium Board has stated in writing that they are in favor of the proposed hotel and its design.: We believe that there is no document supporting the inference and claim that the Board voted upon and put into writing, favorable approval of the "proposed hotel and its design." Numerous Cabana Club Condominium residents. have expressed their opposition in petitions and donations to the legal fund of a neighborhood group that opposes the plans and seeks redevelopment of this site without variances. Response 8: This statement is misleading and inaccurate. Please see the attached correspondence relating to this issue: a. February 22, 2008 Letter from George Mitrovich, President, Cabana Club Condominium Association to Owners of the Condominium asking them to vote on the project. Also attached to the letter is the Cabana Club Chronicles newsletter, the Belleview Biltmore plan and several newspaper articles on the subject. b. Undated Letter from George Mitrovich, President, Cabana Club Condominium Association to the Owners reporting the results of the vote. c. July 14, Letter from Thomas Reynolds to Rosemary Keller, President, Cabana Club Condominium Board. To summarize the Cabana Club Condominium's position, the undated Letter from George Mitrovich to the Owners with the results of the vote stated as follows: "The results of the vote are decisive. I ACCEPT the Belleview Biltmore development plan as currently presented. 74.2 %. I DO NOT ACCEPT the Belleview Biltmore development plan as currently presented and I authorize the Board to fight the development plan using association funds and board time. 25.8% The owners have mandated that the board will not use association funds and or board time to fight the development plan." Mr. WaW0 ells, Planner II • Wayne July 14, 2008 Page 20 Comment No. 3: 7/2/08 - WW Please expand discussion in the last paragraph of this response (page 7 of 17) how this proposal is more similar in characteristics to the surrounding residential properties, different than other commercial uses permissible in the Commercial District. Response No. 3: The response to General Applicability Criteria #2 has been revised to respond to this comment. Comment No. 4: 7/2108 - WW The proposal includes a 1.6 -foot cap on the seawall, necessitating the installation of steps on the north and south sides of the property to access this proposed higher elevation for the "temporary cabana structures ", a concrete or paver area for the "temporary cabana structures" and landscaping. These improvements do appear to impede this easement area (see also Legal comments). Response No. 4: The temporary cabana area (area west of the Coastal Construction Control Line (CCCL) to the seawall) will be left generally at its current elevation. The previously shown stairs and elevated area have been removed from all of the plan sheets (Civil, Architectural, Landscape Architectural). The only improvement within. the Public Access Easement is grass, to insure that there are no impediments to the public use of the easement. See the enclosed Site Plans. Comment No. 5: 7/2/08 - WW The westernmost stairs are shown to be demolished on Sheet C -2. Plans still show the other stairs at the back of the building close to the elevator that appear to be retained (see Sheet C -3, C -4. C -6, C -7, L -6.03, A -6.02 and A -6.03 (stairs on L -6.03 & A -6.03 appear to be a rear exit from the kitchen). If these stairs are to be retained (as it appears), are these stairs a required egress per the Building and Fire Codes? If a required egress, there must be an accessible path to a public way, and as such, none is shown. If not a required egress, all appropriate plans (including Sheet L- 6.02) must show the stairs and required landing. Advise /revise. Response No. 5: The referenced westernmost stairs are not a required egress and have been removed from all applicable plans. Comment No. 6: 7/2/08 & 4/29/08 - WW Potential condition of approval: Mr. Wayne Planner II July 14, 2008 Page 21 That prior to issuance of permits for any proposed structures west of the Coastal Construction Control Line (CCCL), the applicant submit a copy of the Florida Department of Environmental Protection approval for that construction west of the CCCL. Response No. 6: Comment acknowledged. If there are any items located westward of the Coastal Construction Control Line (CCCL) that are considered "proposed structures," a Florida Department of Environmental Protection (FDEP) Permit will be applied for. The Developer acknowledges that this may be made a Condition of Approval. Comment No. 7: 7/2/08 - WW a. Plans indicate the cabanas as "temporary structures ". Elaborate as to what is meant by "temporary ". Exhibit B indicates these cabanas as "breakaway- style ", which would appear to mean more than "temporary ". Will there be "foundations" that the cabanas will be attached to ?; b. Response to prior DRC comments indicates there will be no impervious surfaces west of the CCCL. Last paragraph for Exhibit B under Request indicates "hardscape" improvements planned west of CCCL. Plans (civil, landscape and architectural) are unclear as to the surface of the area surrounding the cabanas, but appears to be paved/concrete surfaces, much like other portions of the site. If sand surface, indicate such on the plans; and C. Building codes have seawall setbacks. Based on discussion in "a" above, proposed cabanas may have issues with seawall setbacks. Need to discuss type of cabana structure (foundations ?) with Development Services. Response No. 7: a. The attached Resort Cabanas manufacturer cut sheet illustrates the style and temporary nature of the proposed cabana structures. The cabanas are constructed from flame retardant fabrics. Although the cabanas can be designed for 80 mph winds, we expect that the cabanas will be disassembled and removed during hazardous weather conditions. The cabanas can be installed with or without foundations; however, a foundation with a sleeve is preferred and will be utilized if found acceptable by the Florida Department of Environmental Protection. See enclosed cut sheet from Resort Cabanas and refer to manufacturer's web site: www.resortcabanas.com. Mr. Wa ne Wells, Planner II • Y July 14, 2008 Page 22 b. Exhibit B has been revised to eliminate any references to "hardscape" which is consistent with the submitted revised plans. As stated previously, the only improvements west of the CCCL will be grass, landscaping and the temporary cabanas. C. We acknowledge the comment and will coordinate with the Development Services Department regarding the seawall setbacks. Comment No. 8: 7/2/08 & 4/29/08 - WW Potential condition of approval: That all applicable requirements of Chapter 39 of the Building Code be met related to seawall setbacks; Response No. 8: The Developer acknowledges that this statement as a potential Condition of Approval. Comment No. 9: 7/2/08 - WW Include as a condition of approval prior to the issuance of the building permit. 4/29/08 - WW Show the location of any outdoor electric meters and boxes on the building. By Electric Code, these must be located above BFE. Show any platforms providing ability of Progress Energy employees to read the meters. Prior to the issuance of the Certificate of Occupancy, all such outdoor boxes and other equipment on the building must be painted the same color as the building. Response No. 9: The Developer acknowledges that this may be a Condition of Approval. Comment No. 10: 7/2/08 - WW It is unclear of the specific location of the dock that is owned by the Biltmore across Gulf Blvd. from the subject property. Such dock has not yet been determined to he a nonconformity. Response No. 10: We have removed all references in the narrative to the boat dock located on the east side of Gulf Boulevard. Please also see Response No.1 to Ms. Remley's e-mail dated July 1, 2008 on page 12 of this letter. Comment No. 11: 7/2/08- WW The response to the prior DRC comments indicates valet parking could be provided in peak periods to increase Mr. Wa0 Wells, Planner II • Wayne July 14, 2008 Page 23 available on -site parking. Valet parking normally anticipates parking vehicles in locations contrary to Code provisions regarding required backup areas for each parking space (i.e.: stacking). So far, the application is not requesting to provide valet parking at peak periods and the site has been designed to meet Code provisions. The concern is not the hotel parking, but for the "accessory" restaurant that appears larger than that "normal" for a 38- room hotel. If the "accessory" restaurant has been sized to accommodate not only the guests of the Cabana Club hotel but also other hotel guests from the Belleview Biltmore, then potentially any approval of this application should be conditioned on the common marketing and operation of the Cabana Club and the Biltmore together. Any future desire to sell off this hotel from the Biltmore could require a reduction to the size 'of the restaurant to a more "normal" size, the provision of additional parking for a non - accessory restaurant or a request to reduce such required parking for a non - accessory restaurant (commensurate with a Parking Reduction Study justifying such reduction request). Response No. 11: All proposed parking within the project meets the City's codes regarding dimensions and location. Upon peak visitation to the hotel, the hotel operator may choose to utilize some or all of the parking as a valet operation. With regard to the connection between the Belleview Biltmore and the Cabana Club, the Applicant states that both hotels will be operated, managed and marketed by the same entity. There is no intention to separate the two properties for separate operation, management nor marketing. To confirm this intent, the applicant proposes the following language as a condition of approval: "The Belleview Biltmore Resort, located in the Town of Belleair, and the Cabana Club Hotel will be operated and managed as one facility by the same hotel operator. Should this common operation and management be discontinued, the City may review the Cabana Club Hotel for parking compliance." Comment No. 12: Potential condition of approval: That, prior to the issuance of any permits, a Declaration of Unity of Title be recorded tying this property with the Belleview Biltmore property in the Town of Belleair; (Note: This condition may be expanded to address the issue of the Mr. Wa0 49 Wells, Planner II Wayne July 14, 2008 Page 24 size of the "accessory" restaurant in relation to parking requirements.) Response No. 12: Based on the proposed condition of approval discussed in Response No. 12 above, the Applicant believes, and the City staff agreed in concept at the July 3, DRC meeting, that the need for a Unity of Title document is no longer necessary. Comment No. 13: Response to Comprehensive Infill Redevelopment Project criteria #2 — Response No. 13: Erroneous comment. No response required. Comment No. 14: Provide a drawing of a typical "temporary cabana structure" in plan and elevation view. What type and color of cover material will the cabana structure be made of and what provisions are being made to remove these structures in the event of a hurricane event? Will the cabanas have a covering over the top and sides or only over the top? Response No. 14: The proposed cabanas will be consistent with the attached cut sheet from Resort Cabanas. The cabanas are constructed from flame retardant fabrics and the selected color will be compatible with the colors of the hotel. Although the cabanas can be designed for 80 mph winds, we expect that the cabanas will be disassembled and removed during hazardous weather conditions. The cabanas can be installed with or without foundations; however, a foundation with a sleeve is preferred and will be utilized if found acceptable by the Florida Department of Environmental Protection. See enclosed cut sheet from Resort Cabanas and refer to manufacturer's web site: www.resortcabanas.com. OTHER: Comment: No Comments Response: No further response required. If you have any questions, please feel free to contact our office. Very Truly Yours, hitects PA FAIA Mr. Wayne W0 0 ells, Planner II July 14, 2008 Page 25 Enclosures c: Joseph Penner, Legg Mason Real Estate Investors, Inc., w /encl. Thomas Reynolds, Randert, Steele, Bole and Reynolds, P.A., w /encl. Octavio Cabrera, P.E., Florida Design Consultants, w/o encl. Cynthia H. Tarapani, AICP, FDC, w /encl. Jeffrey W. Denny, P.E., Florida Design Consultants, w/o encl. Roy E. Chapman, P.E., Florida Design Consultants, w/o encl. Ron Hare, Skanska USA, w /encl. Gerry Marston, Wallace Roberts Todd, w /encl. Mel Garcia, Gartek Engineering Corporation, w /encl. Douglas Wood, Douglas Wood & Associates, w /encl. :Pcm K:\Belleview Biltmore\Cabana C1ub\Letters \wells.03.doc 2199 PONCE DE LEON BOULEVARD SUITE400 CORAL CABLES FLORIDA 33134 305.446.7799 305.446.9275 FAX HEISENBOTTLE A R C H I T E C T S www.dha.net A Professional Association AAC001513 July 14; 3 Mr. Wayne Wells, Planner H City of Clearwater Planning Department Municipal Services Building 100 South Myrtle Avenue Clearwater, FL 33756 1590 GULF BLVD FLD2008 -02002 BELLEVIEW BILTMORE CABANA CLUB Zoning: C a1!as# 311.A W&M P;ECD 1 1 s ra RE: Belleview Biltmore Cabana Club 7�' 8 FLD2008 -02002 —1590 Gulf Boulevardl��i's Response to DRC Comments of July 3, 2008 Cn" OF OWeb�� "4;;i Dear Mr. Wells: On behalf of our Client, Legg Mason Real Estate Investors (Legg Mason), I am pleased to submit the enclosed information for the above referenced project in response to the review comments received at the City of Clearwater Development Review Committee (DRC) meeting of July 3, 2008. We understand that this application will be scheduled for review by the Community Development Board on August 19, 2008. Enclosed please find the following documents to comprise a complete application: 1. Flexible Development Application, 15 copies. 2. Exhibits to Application including General Applicability Responses, Comprehensive Infill Redevelopment Project Responses, Recorded Deed and Fire Flow Calculations Worksheet. 3. Reduced Color Building Elevations and Renderings, 15 copies. 4. Reduced Color Landscape Plan, 15 copies. 5. Comprehensive Landscape Program Application and Responses, 15 copies. 6. Resort Cabanas manufacturer's cut sheet, 15 copies. 7. Site Plan, 15 copies each of Civil, Architectural and Landscape Plans. 8. Boundary Survey, 15 copies. To facilitate your review, the comments are restated below (in bold) followed by our responses: GENERAL ENGINEERING: Comment No. 1: Prior to the issuance of a Building Permit: 1. Separate taps on the existing water main shall be provided for potable, fire and irrigation water connections. 2. The City of Clearwater will provide water tap, (Clearwater Code of Ordinances Section 32.095), set the water meter (Clearwater Code of Ordinances Section 32.096) and set the B.F.P.D. (back flow preventor device). The applicant is responsible for the water main extension from the Mr. WayVells, Planner II July 14, 2008 Page 2 tap to the device. Applicant is also responsible for all associated fees and all other installation fees. 3. The applicant proposes to cut and cap at the property line a 6 -inch water main that terminates in the applicant's property at a Fire Hydrant Assembly (FHA). Rather than cut and cap this water line applicant shall instead install either a FHA or a permanent blow -off assembly at the property line to facilitate flushing of the line to prevent stagnation. Applicant shall coordinate all activities related to the shortening of this water main with the Public Utilities Department prior to any work taking place. Prior to the issuance of a Certificate of Occupancy: 1. Applicant shall submit 5 sets of as -built drawings that are signed and sealed by a professional registered in the State of Florida. The Construction Services Inspector will field inspect as -built drawings for accuracy. Note: Reclaimed water is not presently available to this site. General Note: DRC review is a prerequisite for Building Permit Review; additional comments may be forthcoming upon submittal of a Building Permit Application. Response No. 1: 1. Comment acknowledged. At the time of Construction Plan preparation, separate taps will be provided for the domestic water service, the .building fire service, the irrigation service, and the fire hydrant service. 2. Comment acknowledged. At the time of Construction Plan preparation, a note will be added to the plans stating, "The City of Clearwater will provide the water taps, set the water meter, and set the BFPD (back flow t preventor device). The Developer / Applicant acknowledges responsibility for the remainder of the 4 2008 installation and all applicable fees. iENT 3. Comment acknowledged. At the time of Construction Plan preparation, a Permanent Blow -Off will be added to the existing watermain at the property line so that the line can be flushed to prevent stagnation. See Sheet C- 2. Comment acknowledged and as -built plans will be Mr. Wa*ells, Planner H July 14, 2008 Page 3 provided. ENVIRONMENTAL: Comment No. 1: Prior to building permit, provide a copy of the approved Florida Department of Environmental Protection (FDEP) permit for construction beyond the Coastal Construction Control Line (CCCL). COMMENT ACKNOWLEDGED 6/11/08. Prior to building permit, provide outdoor lighting specifications that will protect the sea turtle nesting beach from light pollution, according to Ord. No. 6928 -02. COMMENT ACKNOWLEDGED 6/11/08. Response No. 1: Comment acknowledged. These items will be addressed prior to issuance of the building permit. FIRE: Comment No. 1: No Issues Response No. 1: No further response required. HARBOR MASTER: Comment No. 1: Response No. 1: LEGAL: Comment No. 1: )C) E�1ff FppF�f[•R(.'+ pp��ryry..��,i`f j;,,,,i,�yy�{{,..m9i' Ryppy..++N CIN OF Response No. 1: No issues. No further response required. Raised/elevated cabana area shall not block or impede Perpetual Public Easement Area for Pedestrian Passage. No structure, landscaping, or other site improvement shall block, obstruct, or impede access to any easement existing on the subject property. The temporary cabana area (area west of the Coastal Construction Control Line (CCCL)) will be left generally at its current elevation. The previously shown stairs and elevated area has been removed from all of the plan sheets (Civil, Architectural, Landscape Architectural). Therefore, there are no impediments to the Perpetual Public Easement Area for Pedestrian Passage. See the enclosed Site Plans. Mr: Way ells, Planner II July 14, 2008 Page 4 LAND RESOURCES: Comment No. 1: 4/23/08 -Show all trees with their canopies, on all of the civil plans prior to CDB. Response No. 1: All existing trees and their canopies were previously shown on the Existing Conditions Plan. See Sheet C -2. All existing trees to remain and their canopies have been added to all of the Civil and Landscape Architectural plan sheets. See enclosed Site Plans. Comment No. 2: Show the condition rating of the trees on the spreadsheet prior to building permit. Response No. 2: Comment acknowledged. LANDSCAPING: Comment No. 1: Sheet C -3 - Dimension the width of the interior landscape area west of Space #12. Response No. 1: The width of the interior landscape area west of parking space #12 has been dimensioned. See Sheet C -3. Comment No. 2: Sheet L -6.02 - Plant Schedule must be revised to indicate the caliper of the GT and MG trees at a minimum 2.5" caliper and the palms must be noted that the size (height) is "ct" (clear trunk). Response No. 2: On Sheet L -6.02, the plant schedule has been revised to indicate the GT and MG trees at a minimum of 2.5" caliper and palm heights are noted as C.T. (clear trunk). Comment No. 3: r &.1 6/25/08 - WW It is our determination that the foundation planting area and location for the "little gem" magnolias trees proposed is inadequate for these trees and either accent or palm trees should rather be used (see comment below). The area south of the garage entrance between the accessible path sidewalk and the trash staging area also qualifies as a foundation planting area where the required trees can be planted. The trees added at the rear of the building adjacent to the Cabana Club Condos is not a foundation planting area, but rather a perimeter buffer area. Revise. Response No. 3: The "little gem" magnolias have been replaced with groupings of Sabal pahns for a total of 12 palm trees to fulfill the requirement for foundation landscaping. The heights of the Mr. Way *ells, Planner H July 14, 2008 Page 5 palms have been specified at different heights on the plan. Comment No. 4: Sheet C -3 - Cannot count perimeter buffers or foundation landscape areas also as interior landscape area (no double counting; I may have misled you on prior comments for the northeast side of the building). The area on the northwest side of the restaurant portion of the building does not count as interior landscape area, as well as the east and south perimeter buffers. Cannot count area west of the building as interior landscape area. Revise crosshatching on this sheet and revise calculations on Sheet C -1. Response No. 4: The Interior Landscaped Areas have been revised pursuant to the above comment. Areas that are considered Perimeter Buffers and Foundations Landscaping have been removed accordingly. See Sheet C -3 and the Land Use Data table on the Cover Sheet, for revised area calculations. Comment No. 5: Sheet C -3 - Dimension the width/depth of the foundation landscape area, on either side of the porte cochere and on the south side of the entrance to the garage (next to trash staging area) (Code requirement is five feet; any reduction must be requested as part of a Comprehensive Landscape Program). Response No. 5: Dimensions have been added to the foundation landscape areas in front of the proposed building entrance and adjacent to the entrance to the covered parking area. The foundation landscaping has been revised to meet the City's requirements. See Sheet C -3. Comment No. 6: 5' attT,: OWL 4 2000 C1 7-1, OF CO, El' 6125/08 - WW The planting areas/islands next to Space #1 will still need to be planted with either accent or palm trees (two accent = one shade; three palms = one shade) to count as interior landscape area. The planting areas /islands next to Space #23 (formerly #28) is only indicated on Sheet L -6.02 to have one pahn (not two as indicated in your response letter). It must contain three palms (planted outside the visibility triangle). Response No. 6: The planting area next to space #1 has been planted with 3 Sabal palms. The planting area next to space #23 has been planted with 3 Sabal palms and the location for future signage moved to accommodate them. PARKS AND RECREATION: Comment No. 1: The Public Art and Design Impact Fee is due and payable on this project prior to issuance of building permit. This fee Mr. Way ells, Planner H July 14, 2008 Page 6 could be substantial and it is recommended that you contact Chris Hubbard at 727 - 562 -4837 to calculate the assessment. Response No. 1: Comment acknowledged. The Public Art and Design Impact Fee will be paid prior to the issuance of the building permit. Comment No. 2: Open space/recreation impact fees are due prior to the issuance of building permits or final plat (if applicable) Whichever occurs first. These fees could be substantial and it is recommended that you contact Art Kader at 727 -562- 4824 to calculate the assessment. Response No. 2: STORMWATER: Comment No. 1: J4t.,1 4 2003 6 n, A Are A O r,..^ 5, A U11f OF Comment acknowledged. The Open Space / Recreation Impact Fees will be paid prior to the issuance of the building permit. Below comments were acknowledged in writing on 6/11/08. The following shall be addressed at Building Permit Application. 1. Provide a copy of the approved SWFWMD permit. 2. Provide a copy of the approved permit from Pinellas County to tie into their drainage system for Gulf Boulevard (C.R.183). 3. Provide a specification supporting the permeability rate K in the drawdown analysis. 4. Show how the roof runoff will be directed to the proposed vault. 5. Include in the drainage report the maintenance plan for the on -site stormwater facility. 6. Provide the design elevations of all storm structures in feet, not in Lat + Long format. 7. Show pipe sizes, slopes, and type of pipe material is to be used. 8. Identify all storm structures depicted on the plan and provide a detail for each type of structure to be used. Response No. 1: 1. Comment acknowledged. At the time of Construction Plan preparation, a SWFWMD ERP will be applied for. A copy of the approved SWFWMD Permit will be provided upon receipt, prior to issuance of the building permit. 2. Comment acknowledged. At the time of Construction Mr. Wayells, Planner II July 14, 2008 Page 7 Plan preparation, a Pinellas County Right -of -Way Permit will be applied for. A copy of the approved Permit will be provided upon receipt, prior to issuance of the building permit. 3. Comment acknowledged. At the time of Construction Plan preparation, the proposed Stormwater Management System will be designed with the use of information provided by a geotechnical firm. This information will be provided with the Construction Plan submittal. 8. Comment acknowledged. At the time of Construction Plan preparation, all storm structures shown will have a detail provided. Comment General Note: 1. DRC review is a prerequisite for Building Permit Review; additional comments may be forthcoming upon submittal of a Building Permit Application. Response: 1. Comment acknowledged. SOLID WASTE: Comment No. 1: No issues. 4. Comment acknowledged. At the time of Construction Plan preparation, the roof drains will be shown tying directly into the proposed Stormwater Management System. 5. Comment acknowledged. At the time of Construction Plan preparation, a proposed Maintenance and ED Operation Checklist will be provided directly to the Developer. A copy of the Checklist will be included in 3 U1.1 2006 the proposed Stormwater Management Report. r �; .l. , ..` 6. Comment acknowledged. At the time of Construction �� Plan preparation, all design elevations for the Stormwater Management System structures will be provided in feet. 7. Comment acknowledged. At the time of Construction Plan preparation, all pipe sizes, slopes, and type of material will be shown. 8. Comment acknowledged. At the time of Construction Plan preparation, all storm structures shown will have a detail provided. Comment General Note: 1. DRC review is a prerequisite for Building Permit Review; additional comments may be forthcoming upon submittal of a Building Permit Application. Response: 1. Comment acknowledged. SOLID WASTE: Comment No. 1: No issues. Mr. Way ells, Planner H n July 14, 2008 Page 8 Response No. 1: No further response required. TRAFFIC ENGINEERING: Comment No. 1: Prior to the issuance of a Building Permit: 1. Include with plans FDOT INDEX 304, (page 6 of 6) depicting "Truncated domes for ramps ". Response No. 1: 1. MOT Index 304 (Page 6 of 6) has been added to the Plans. See Sheet C -8. Comment: General Note(s): 1. Applicant shall comply with the current Transportation Impact Fee Ordinance and pay the required fee, if any, prior to the issuance of a b Certificate of Occupancy (C.O.). . 14 200 2. DRC review is a prerequisite for Building Permit C T -A' G`INVENT Review; additional comments may be forthcoming upon submittal of a Building Permit Application. Response: 1. Comment acknowledged. The Transportation Impact Fee will be paid prior to the issuance of the Certificate of Occupancy (C.O.). 2. Comment acknowledged. PLANNING: Comment No. 1: 7/2/08 — WW Please add as a note on Sheet C -6. 4/29/08 — WW Per Section 3 -911, all electric and communication lines on- site must be placed underground. Response No. 1: A note has been added to the plans stating, "All electronic and communication lines on -site must be placed underground." See Sheet C -6. Comment No. 2: 7/2/08 - WW While we continue to receive many emails from concerned citizens, please specifically address through the application materials (written material and/or drawings) recently submitted emails from Todd Pressman (June 15th and June 25th) and Cynthia Remley (July 1st, including . the attachments). DRC AW.n.W-1d Mr. WayW, ells, Planner II July 14, 2008 Page 9 Response No. 2: Todd Pressman E -mail dated June 15, 2008 Conservation Element, Objective 25.6 and Policies 25.6.3, 25.6.4 and 25.6.6 Comment: It is critical to note that a formal City public sidewalk access lies abutting along this entire project site on the South. Response: The sidewalk referenced in this comment is located almost. totally oil the property to the south, Dan's Island Condominium. In addition, the sidewalk is within and subject to a public access easement dedicated by the developer of Dan's Island, which easement is totally located within the Dan's Island property. The Cabana Club project will not have any effect on the public access easement since this easement is completely located outside of the project's property boundary. Conservation Needs Summary Comment: I believe this ties into again the desire to further 2008 intensify -by many fold- a Commercial operation on what is �sef;uE,�l designated a non - commercial corridor. Some scenic non - ov, r x commercial corridors on the main land in the County and City have not remained in this director character: However, this area of Gulf Blvd. is solely residential. Response: According to the adopted Pinellas County Countywide Scenic/Non- Commercial Corridor Master Plan published by the Pinellas Planning Council and dated August 16, 1994, Gulf Boulevard is NOT a designated Scenic/Non- Commercial Corridor. Therefore, the comment is inapplicable to the project. In addition, it should be noted that the comment is excerpted from an introductory section of the Conservation Element, NOT the adopted Goals, Objectives and Policies section that governs land use decisions. Future Land Use Comment on Policy 1.1.1: I find it personally objectionable that it appears that the applicant may be seeking to not include improvements past approximately 49' from the CCCL line in all plans submitted to the City. It appears to me that the City has a right to review, comment and make a recommendation of those plans. Further, it is believed that the requested 0' set back appears to not be in line with this element. Response: The Applicant acknowledges that the City has a right to review, comment and make a recommendation on the improvements seaward of the CCCL. The Applicant has also Mr. Wayiells, Planner II July 14, 2008 Page 10 acknowledged previously and continues to state that he is aware that these improvements require a permit approved by the State Department of Environmental Protection. We believe that these improvements will not have any negative impact on any surrounding properties and will only serve to enhance the project by providing a shaded area for the hotel guests. Based on our research, we have identified improvements seaward of the CCCL on other properties located on Sand Key; therefore, the City has recogni2ed that these improvements are consistent with the City's Comprehensive Plan and Land Development Code. Comment on Policy 3.2.3: The project is not located as indicated above. It is not located at any intersection. The obvious purpose of this element, in my mind, is that more impacting uses are located at points that can support the use and not be harmed by their activities. Further, the concern of commercial impacts is a serious liveable issue to this residential neighborhood, as supported by the recent 41 City Commission vote not allowing higher hotel density specifically on Commercially zoned parcels. These concerns are further raised by the applicant seeking significantly more impacts to the site, including an approximate 137 seat restaurant, 38 room hotel, bus and boat shuttles, the approximately 260% increase in height (and use...) and strong attractions for the general public above and beyond hotel guests. What is planned for the site far exceeds any ability whatsoever, in my opinion, to minimize any intrusions. Response: The site's existing Comprehensive Plan Category is General Commercial and the existing zoning is Commercial. The Applicant has not requested an amendment of either the existing Plan Category or the zoning district. The Applicant has the right to request development of this permitted use within the existing zoning district. It should also be noted that this comment does not accurately reflect the entirety of the Policy in the context of the Future Land Use Element. Goal 3 of the Future Land Use Element to which Policy 3.2.3 is subordinate reads as follows: "A sufficient variety and amount of future land use categories shall be provided to accommodate public demand and promote infill development." The plain reading of Goal 3 and Policy 3.2.3 makes it clear that Mr. WayWells, Planner H • July 14, 2008 Page 11 these statements provide guidance to the City when an amendment to a site's Future Land Use Plan category is requested, which is clearly not the case for this application. Therefore, this comment misstates the meaning of Goal 3 and Policy 3.2.3. as applied to this site and the cited Goal and Policy have no bearing on this application. The comment is further misleading since the specific Policy 23.1.2 states that: "Development applications shall be reviewed to ensure that proposed new development or redevelopment will not encroach on or remove wetlands or beaches..." The site does not contain any wetlands and the Project will not encroach on or remove beaches, as demonstrated in the application materials. If the proposed 6- story hotel with 38 rooms is a "monstrosity" according to the writer, I wonder how the writer would characterize the 21 -story The Grande Condominium, the 20- story Meridian on Sand Key, the 18 -story Landmark Towers One, the 17 -story Harbour Light Towers, the 18 -story Lighthouse Towers, two condominiums at the 17 -story Crescent Beach Club One and Two, the two condominiums of Coastal Management Element Comment on Policy 23.1.2: I have been informed by Nicole Elko, in the Pinellas County's Coastal Management Department, that the CCCL line is located 20' Gulfward of the Ultimar project (to -the North of the project site and Cabana Condo's) and 10' Gulfward of the Dan's Island project (to the South of the project site). She communicated that before the last beach renourishment, waves were hitting against the Dan's Island CCCL line. It appears that the proposal by Legg Mason would obviously have problems with that circumstance. The proposed zero foot setback, and the approximately 49' Gulf ward proposal, and as I understand, a then proposed elevated structure, would literally be, in my opinion, so out of character, so far beyond what is present on Sand Key and `RF04'44 that it could literally be termed a monstrosity. i Response: This comment is misleading since it references a JUG situation that occurred prior to the beach renourishment and that renourishment has actually occurred. Most importantly, �;;F`n', h . the project will comply with all local and state building requirements and will only build the improvements seaward of the CCCL upon approval by the City and the State Department of Environmental Protection. The comment is further misleading since the specific Policy 23.1.2 states that: "Development applications shall be reviewed to ensure that proposed new development or redevelopment will not encroach on or remove wetlands or beaches..." The site does not contain any wetlands and the Project will not encroach on or remove beaches, as demonstrated in the application materials. If the proposed 6- story hotel with 38 rooms is a "monstrosity" according to the writer, I wonder how the writer would characterize the 21 -story The Grande Condominium, the 20- story Meridian on Sand Key, the 18 -story Landmark Towers One, the 17 -story Harbour Light Towers, the 18 -story Lighthouse Towers, two condominiums at the 17 -story Crescent Beach Club One and Two, the two condominiums of Mr. Wa*ells, Planner 11 40 July 14, 2008 Page. 12 /per D 2006 0-46, 011, ti... • Ce etM � • r :Id 19 -story Ultimar Two and Three, and the 11 -story Dan's Island, and the 16 -story Isle of Sand Key (in which the writer owns a non - homestead unit). B. Todd Pressman E -mail dated June 25, 2008 Comment on General Applicability Criteria Item 1: Response: We stand by our analysis in the narrative and believe that the project is in harmony with the adjacent properties as demonstrated by the submitted plans and narrative. Comment on General Applicability Criteria Item 2: Response: The project that was previously denied on this site was a Future Land Use Plan amendment from Commercial to High Density Residential and a related site plan for residential use. These two applications are not the same request nor does it request the same proposed use, as the writer incorrectly states. We stand by our analysis in the narrative discussing the various Commercial uses that are permissible in the Commercial zoning district as compared to the proposed hotel. The narrative describes in detail how the other permissible commercial uses in the district would be more intrusive, more intensive and generally out of character with the area. In comparison, the proposed boutique hotel will have only minimal impact. Comment on General Applicability Criteria Item 4: Response: The City Code requires one parking space per hotel room and the project is providing 56 parking spaces, in excess of the code requirement. The City has confirmed previously that the parking calculation for the project is correct and therefore, no revisions are necessary. With regard to the accessory restaurant, the restaurant by its function, location and design will be accessory to the hotel. The restaurant may only be accessed through the hotel lobby and will not have any exterior signage. The Applicant requests the ability to operate an accessory restaurant within the hotel the same as the City has approved accessory restaurants at many other hotels throughout the City. Comment on General Applicability Criteria Item 6: Response: We stand by our analysis in the narrative that the Mr. Way*Vells, Planner. H July 14, 2008 Page 13 project complies with the Criterion requiring that the project "minimizes adverse effects...." We also stand by our analysis that the setbacks proposed are consistent with the immediately surrounding area as well as the entirety of Sand Key. We think it is disingenuous and inaccurate to state that this proposal is inconsistent with the height of the immediate area and Sand Key in general when the proposed building is 6 stories in height as compared to the typical height on Sand Key of 17 -22 stories. As we have demonstrated, the project at 6 stories is lower in height than all adjacent properties including Cabana Club Condominium at 8 stories, The Harbour at 7 stories, Dan's Island at 11 stories and the Isle of Sand Key at 16 stories. Comment on General Applicability Criteria Item 6C: Response: Our response to Criterion 6c is extensive, detailed and documents that the design, scale and intensity of the proposed development supports the established or emerging C? UL character of an area (i.e., the Sand Key area in which the project is located). 14 2000 Comment on General Applicability Criteria Item 6d: Response:. The writer's statement on the purpose of the roof design is inaccurate. The clear and obvious purpose of the roof design was to be consistent with the Cabana Club Condominium design to the north and to replicate the architectural features of the historic Belleview Biltmore Hotel, both of which have the same pitched roof design. We disagree with the writer's statement that the roof design provides an opportunity to gain extra height to which the project is not entitled. The roof is designed to provide aesthetic and architectural consistency, not to add height for the sole sake of adding height. C. Cynthia Remley E -mail dated July 1, 2008 Comment 1: Boat Dock - Comment No. 6: with respect to Legg Mason's purported right to use a dock, please see the attached memo from Alan Zimmet. Response 1 : We have removed all references in the narrative to the boat dock located on the east side of Gulf Boulevard. It should be noted that while our legal counsel disagrees with Mr. Zimmet's opinion regarding the dock, we are not responding to his opinion due to the fact that we have removed all references to the dock. Due to community concerns, we are evaluating Mr. Way ells, Planner H July 14, 2008 Page 14 1. Traffic: other options at this time. We reserve our right to bring this issue back to the City in the future after we have completed our assessment of the available alternatives. Comment 2: Traffic, parking, Comprehensive Infill Redevelopment Criteria, Height, Coastal Construction Control Line and Public Access Easement- Please see the attached "LM Issues" document. It appears that the City should be requiring a Traffic Impact Study for this proposed project since it appears to generate in excess of 1,000 vehicle trips /day. Using ITE 7a' Edition, motel rooms general 9.11 trips a day /room and a high turnover sit down restaurant generates 127.15 vehicle trips a day /1,000 sf. Or 6.21 trips /seat on Saturdays. Based on this, 38 motel rooms ' generate 346.18 trips a day and a 125 seat restaurant generates 776.25 trips a day for a total of 1122 vehicle trips a day. Additionally, the information from the applicant indicates OR131W that their guests will be dropped off on the opposite side of Gulf Blvd. and will have to cross Gulf Blvd. The applicant JUL 1 42008 has not addressed any safety issues regarding this plan. PLA1' 4';'G AUWNT Response 1: The City has determined that a traffic study is not required for this project. The method of calculating the trips for the hotel is inaccurate as stated above since a hotel, by City definition, may include accessory uses such as a restaurant. The City does not calculate the trip generation for accessory uses in addition to the hotel. The Applicant has. removed all references to the boat dock from the narrative. However, it should be noted that residents on the east side of Gulf Boulevard currently cross this street to walk along the public access easement and reach the beach. If there are existing safety issues for residents, the residents should pursue this concern with the City. 2. Parking: If the restaurant is going to be open to the public, it should provide parking in addition to the motel guest parking to accommodate these patrons. Section 1401(C) of the City land development regulations allow the Community Development Director to require a Parking Demand Study. It seems appropriate to request this study from the Mr. WayWells, Planner II July 14, 2008 Page 15 applicant given the apparent shortage of spaces for both a restaurant and a hotel. Under Section 1405 of the City development regulations, a matrix is provided for the percentage of parking for different land use types need during different times of the day. This is provided to show that shared parking can accommodate the site's needs. Based on that matrix, both restaurants and overnight accommodations need 100 percent of their required number Of spaces in the evenings, which implies that the proposed number of spaces is insufficient to meet the anticipated demand. Under the City's Comprehensive Infill Redevelopment Project criteria, the Development Coordinator at the City ®RIOII. decides upon the required number of parking spaces based h11#.O"$ tik on either ITE or the specific uses. 147 �QR Response 2: This comment. is inaccurate and is not consistent PLANNUG DEPARI 7lENx with the City's code and policies on the method of calculating �` �✓�- e_i S� r dYl. ��< parking spaces. As stated in the response to Comment 1 above, the City does not require additional parking for accessory uses in a hotel. The Code requires one space per hotel room, which is 38 spaces for the proposed project. The project proposes to construct a total of 56 parking spaces, which exceeds the code requirement. 3. Comprehensive Infill Redevelopment Criteria: The development code states that in order to qualify as a Comprehensive Infill Redevelopment Project, the project must meet certain specific criteria. There are criteria that state that the proposed project must provide redevelopment in an area characterized by other similar developments. It also requires that setback, lot width, and height variances must support the established or emerging character of the area. Since the site is a commercial site in an otherwise exclusively residential area, it cannot meet the setback, lot width requirements or the height limitations, and the proposed development does not appear to meet these criteria. Response 3: The writer misstates the Comprehensive Infill Redevelopment Project criteria above. The Criteria that references the "established or emerging character of the area" is Criterion 6c and is quoted below: "Flexibility with regard to use, lot width, required setbacks, Mr. WayWells, Planner II • July 14, 2008 Page 16 4. Height: height and off -street parking are justified based on demonstrated compliance with all of the following design . objectives: c. The design, scale and intensity of the proposed development supports the established or emerging character of an area." Our response to Criterion c is extensive, detailed and documents that the design, scale and intensity of the proposed development supports the established or emerging character O an area (i.e., the Sand Key area in which the project is located). While the applicant is providing the height of the proposed building as defined in code, they have yet to provide a real height for the project. It would be beneficial and enlightening to know exactly how high the building will be, as measured from existing finished grade to the peak of the highest roofline. That is the only way that the height can be meaningfully measured relative to other structures in the area. Response 4: The height of the proposed building is shown consistent with the City Code method of measuring height; therefore, no revisions are required. 5. Coastal Construction Control Line The applicant claims that the proposed CCCL setback is the same as the adjoining properties, but that is questionable based on looking at the existing building line. It would be appropriate for the applicant to provide a plan view drawing of the site plan with the Coastal Construction Control Line shown so that it is clear what portions of the ORIGINAL development are seaward of that line. It would also be beneficial to have a drawing that shows the proposed site ,v 14 2On8 plan and the existing adjacent buildings and show the CCCL along all of these to show that the setbacks are PLANN64G lEiMMENT identical, as stated by the applicant. Response 5: The drawing suggested by the writer is not a City application requirement. The location of the CCCL on the project site is clearly shown on the survey and all plans. We stand by the statement in our narrative that "The two adjacent neighboring residential buildings are also located on or within close proximity to the Coastal Construction Control Mr. Way ells, Planner II • July 14, 2008 Page 17 6. ORIGIN ko"faevixJ 4 2008 PtANNICIG I ARTMEN", l lit^ yr �. 'o ik4wkiLk or within close proximity to the Coastal Construction Control Line (CCCL) which is also consistent with the pattern of construction of the other buildings along Sand Key as previously documented" (General Applicability Criteria No. 1, page 5 -6). This statement is based on our aerial photography interpretation. Public Access Easement When questioned about the blockage of the existing public access easement, the applicant responded that break -away structures would be in there. Breakaway is not the same thing as clear passage. The applicant needs to address where they infringe upon the public access easement by showing it on the site plan, along with the CCCL line. Response 6: The plans have been clearly revised to eliminate any trees, shrubbery or cabanas from the public easement along the seawall. Therefore, there is no infringement or blockage within this public access easement. Comment 3: Restaurant size- We believe that the Applicant should provide the square footage of the proposed new restaurant, calculated as the City does, to include restrooms and all kitchen, preparation, lobby, storage and service areas. Response 3: We have confirmed with the City as to the proper method of calculating the size of the accessory restaurant. The size of the restaurant is 4,981 square feet and is clearly shown on the architectural plans. Comment 4: Adverse Effects on Adjacent Properties with respect to Visual, Acoustic, Olfactory and Hours of Operation - Exhibit B, Criteria and Response No. 6: The comments completely omit any mention of the Isle of Sand Key Condominium Building which is adjacent to the asset and south of the proposed development. The applicant has not accurately commented on the adverse impact, especially visual, to all of the surrounding and adjacent properties. Response 4: We stand by our analysis in the narrative and believe that we have documented that the project will minimize impacts on the surrounding area. Comment 5: Turtle Nest -CMA has identified 3 Sea Turtle Nests on Sand Key, one of which is located near this property. It is not clear how the Applicant's proposed plans Mr. Waywells, Planner H July 14, 2008 Page 18 will protect and preserve the habitat of sea turtles and other wild life. Response 5: The project will absolutely comply with all requirements regarding sea turtle habitat. The writer states that the nest is "located near this property." If the writer can provide more detailed information about the specific location of the nest, the Applicant will investigate its location to evaluate it and insure compliance. Comment 6: Public Access Easement OR6848 -We do not understand how the City can allow this easement to be obstructed in any manner. Response 6: The Applicant has responded to this issue several times in this letter. The plans have been revised to clearly show that there will not be any trees, shrubbery or cabanas within the public access easement; therefore, there will not be any obstruction located in the easement area. Comment 7: Meetings with Adjacent Property Owners: - Comment No. 44: Applicant's representations concerning past meetings and current discussions, is not accurate. There have been only two public presentations by the applicant to all Sand Key residents (1) February 4a', Banquet Room on the 3rd Floor of the Cabana Club Restaurant; and (2) March 5a' at a public meeting of the SKCA held at the Clearwater Sailing Center located on Sand Key. Presentations were conducted before the Applicant had completed and disclosed its development plan included the area up to and seaward of the CCCL. The applicant has refused the request of the residents' attorney to conduct another public meeting on Sand Key to support the greatest attendance possible by the residents who will be impacted by this proposed development. ORIOl ®Ril 4 Response 7: The comment regarding the timing of the presentation with regard to completing the development plan is _giIL �4 %fin- inaccurate. Legg Mason submitted its original application to PLANWIG DPARDAENT the City of Clearwater on February 1, 2008 which preceeds C fl, '1 iz CI 4VA19L_ i2. both public presentations mentioned by the writer. The original submittal and all subsequent revised plans have clearly shown that non - habitable improvements . were proposed seaward of the CCCL. The comment with regard to another public meeting is also completely inaccurate. The actual situation is that Applicant's attorney initiated a discussion with the residents' attorney to Mr. WayWells, Planner II July 14, 2008 Page 19 JUL 14 2000 PLMNWG DWRIMENT invite the residents to a meeting to discuss the project. This meeting was held on July 8, 2008, a date selected by the residents, and was attended by approximately 24 persons, exclusive of the Legg Mason team in attendance. Comment 8: Cabana Club Condominium Board - Applicant represents in Exhibit A, Comment 1, p. 2 and in Exhibit B, Comment 1, p.11, "... that the Cabana Club Condominium Board has stated in writing that they are in favor of the proposed hotel and its design.: We believe that there is no document supporting the inference and claim that the Board voted upon and put into writing, favorable approval of the "proposed hotel and its design." Numerous Cabana Club Condominium residents have expressed their opposition in petitions and donations to the legal fund of a neighborhood group that opposes the plans and seeks redevelopment of this site without variances. Response 8: This statement is misleading and inaccurate. Please see the attached correspondence relating to this issue: a. February 22, 2008 Letter from George Mitrovich, President, Cabana Club Condominium Association to Owners of the Condominium asking them to vote on the project. Also attached to the letter is the Cabana Club Chronicles newsletter, the Belleview Biltmore plan and several newspaper articles on the subject. b. Undated Letter from George Mitrovich, President, Cabana Club Condominium Association to the Owners reporting the results of the vote. c. July 14, Letter from Thomas Reynolds to Rosemary Keller, President, Cabana -Club Condominium Board. To summarize the Cabana Club Condominium's position, the undated Letter from George Mitrovich to the Owners with the results of the vote stated as follows: "The results of the vote are decisive. I ACCEPT the Belleview Biltmore development plan as currently presented. 74.2 %. I DO NOT ACCEPT the Belleview. Biltmore development plan as currently presented and I authorize the Board to fight the development plan using association funds and board time. 25.8% The owners have mandated that the board will not use association funds and or board time to fight the development plan." Mr. Wayrells, Planner II • July 14, 2008 Page 20 Comment No. 3: 7/2/08 - WW Please expand discussion in the last paragraph of this response (page 7 of 17) how this proposal is more similar in characteristics to the surrounding residential properties, different than other commercial uses permissible in the Commercial District. Response No. 3: The response to General Applicability Criteria #2 has been revised to respond to this comment. Comment No. 4: 7/2108 - WW The proposal includes a 1.6 -foot cap on the seawall, necessitating the installation of steps on the north and south sides of the property to access this proposed higher elevation for the "temporary cabana structures ", a concrete or paver area for the "temporary cabana structures" and landscaping. These improvements do appear to impede this easement area (see also Legal comments). Response No. 4: The temporary cabana area (area west of the Coastal Construction Control Line (CCCL) to the seawall) will be left generally at its current elevation. The previously shown stairs and elevated area have been removed from all of the plan sheets (Civil, Architectural, Landscape Architectural). The only improvement within the Public Access Easement is grass, to insure that there are no impediments to the public use of the easement. See the enclosed Site Plans. Comment No. 5: 7/2/08 - WW The westernmost stairs are shown to be demolished on Sheet C -2. Plans still show the other stairs at the back of the building close to the elevator that appear to be retained ORI (see Sheet C -3, C -4. C -6, C -7, L -6.03, A -6.02 and A -6.03 o,* (stairs on L -6.03 & A -6.03 appear to be a rear exit from the lug �� kitchen). If these stairs are to be retained (as it appears), are these stairs a required egress per the Building and Fire PLANNWlG TMENT Codes? If a required egress, there must be an accessible v, i m path to a public way, and as such, none is shown. If not a required egress, all appropriate plans (including Sheet L- 6.02) must show the stairs and required landing. Advise/revise. Response No. 5: The referenced westernmost stairs are not a required egress and have been removed from all applicable plans. Comment No. 6: 7/2/08 & 4/29/08 - WW Potential condition of approval: Mr. Wayells, Planner II • July 14, 2008 Page 21 That prior to issuance of permits for any proposed structures west of the Coastal Construction Control Line (CCCL), the applicant submit a copy of the Florida Department of Environmental Protection approval for that construction west of the CCCL. Response No. 6: Comment acknowledged. If there are any items located westward of the Coastal Construction Control Line (CCCL) that are considered "proposed structures," a Florida Department of Environmental Protection (FDEP) Permit will be applied for. The Developer acknowledges that this may be made a Condition of Approval. Comment No. 7: op9 IRAL kr �L X14 ?909 PLANNING DEPARTMENT ENT Ci'I V^ +per CL:r -K'V'V I'L Response No. 7: 7/2/08 - WW a. Plans indicate the cabanas as "temporary structures ". Elaborate as to what is meant by "temporary ". Exhibit B indicates these cabanas as "breakaway- style ", which would appear to mean more than "temporary ". Will there be "foundations" that the cabanas will be attached to ?; b. Response to prior DRC comments indicates there will be no impervious surfaces west of the CCCL. Last paragraph for Exhibit B under Request indicates "hardscape" improvements planned west of CCCL. Plans (civil, landscape and architectural) are unclear as to the surface of the area surrounding the cabanas, but appears to be paved/concrete surfaces, much like other portions of the site. If sand surface, indicate such on the plans; and C. Building codes have seawall setbacks. Based on discussion in "a" above, proposed cabanas may have issues with seawall setbacks. Need to discuss type of cabana structure (foundations ?) with Development Services. a. The attached Resort Cabanas manufacturer cut sheet illustrates the style and temporary nature of the proposed cabana structures. The cabanas are constructed from flame retardant fabrics. Although the cabanas can be designed for 80 mph winds, we expect that the cabanas will be disassembled and removed during hazardous weather conditions. The cabanas can be installed with or without foundations; however, a foundation with a sleeve is preferred and will be utilized if found acceptable by the Florida Department of Environmental Protection. See enclosed cut sheet from Resort Cabanas and refer to manufacturer's web site: www.resortcabanas.com. Mr. WayWells, Planner Il July 14, 2008 Page 22 b. Exhibit B has been revised to eliminate any references to "hardscape" which is consistent with the submitted revised plans. As stated previously, the only improvements west of the. CCCL will be grass, landscaping and the temporary cabanas. C. We acknowledge the comment and will coordinate with the Development Services Department regarding the seawall setbacks. Comment No. 8: 7/2/08 & 4/29/08 - WW Potential condition of approval: That all applicable requirements of Chapter 39 of the Building Code be met related to seawall setbacks; Response No. 8: The Developer acknowledges that this statement as a potential Condition of Approval. Comment No. 9: 7/2/08 - WW Include as a condition of approval prior to the issuance of the building permit. opiAI L 4/29/08 - WW Show the location of any outdoor electric meters and boxes on the building. By Electric Code, these must be located above BFE. Show any platforms providing ability of @AiVfV�C1� ['{'2TCVI�IV Progress Energy employees to read. the meters. Prior to the issuance of the Certificate of Occupancy, all such outdoor boxes and other equipment on the building must be painted the same color as the building. Response No. 9: The Developer acknowledges that this may be a Condition of Approval. Comment No. 10: 7/2/08 - WW It is unclear of the specific location of the dock that is owned by the Biltmore across Gulf Blvd. from the subject property. Such dock has not yet been determined to he a nonconformity. Response No. 10: We have removed all references in the narrative to the boat dock located on the east side of Gulf Boulevard. Please also see Response No.1 to Ms. Remley's e-mail dated July 1, 2008 on page 12 of this letter. Comment No. 11: 7/2/08 - WW The response to the prior DRC comments indicates. valet parking could be provided in peak periods to increase Response No. 11: All proposed parking within the project meets the City's codes regarding dimensions and location. Upon peak visitation to the hotel, the hotel operator may choose to utilize some or all of the parking as a valet operation. With regard to the connection between the Belleview Biltmore and the Cabana Club, the Applicant states that both hotels will be operated, managed and marketed by the same entity. There is no intention to separate the two properties for separate operation, management nor marketing. To confirm this intent, the applicant proposes the following language as a condition of approval: "The Belleview Biltmore Resort, located in the Town of Belleair, and the Cabana Club Hotel will be operated and managed as one facility by the same hotel operator. Should this common operation and management be discontinued, the City may review the Cabana Club Hotel for parking compliance." Comment No. 12: Potential condition of approval: That, prior to the issuance of any permits, a Declaration of Unity of Title be recorded tying this property with the Belleview Biltmore property in the Town of Belleair; (Note: This condition may be expanded to address the issue of the Mr. Waysells, Planner II July 14, 2008 Page 23 available on -site parking. Valet parking normally anticipates parking vehicles in locations contrary to Code provisions regarding required backup areas for each parking space (i.e.: stacking). So far, the application is not requesting to provide valet parking at peak periods and the site has been designed to meet Code provisions. The concern is not the hotel parking, but for the "accessory" restaurant that appears larger than that "normal" for a 38- room hotel. If the "accessory" restaurant has been sized to accommodate not only the guests of the Cabana Club hotel but also other hotel guests from the Belleview Biltmore, then potentially any approval of this application should be conditioned on the common marketing and operation of the 4 Cabana Club and the Biltmore together. Any future desire to sell off this hotel from the Biltmore could require a Pte_ ���,� pI���' reduction to the size 'of the restaurant to a more CGY Or CU- AkVAVAIrk "normal" size, the provision of additional parking for a non - accessory restaurant or a request to reduce such required parking for a non - accessory restaurant (commensurate with a Parking Reduction Study justifying such reduction request). Response No. 11: All proposed parking within the project meets the City's codes regarding dimensions and location. Upon peak visitation to the hotel, the hotel operator may choose to utilize some or all of the parking as a valet operation. With regard to the connection between the Belleview Biltmore and the Cabana Club, the Applicant states that both hotels will be operated, managed and marketed by the same entity. There is no intention to separate the two properties for separate operation, management nor marketing. To confirm this intent, the applicant proposes the following language as a condition of approval: "The Belleview Biltmore Resort, located in the Town of Belleair, and the Cabana Club Hotel will be operated and managed as one facility by the same hotel operator. Should this common operation and management be discontinued, the City may review the Cabana Club Hotel for parking compliance." Comment No. 12: Potential condition of approval: That, prior to the issuance of any permits, a Declaration of Unity of Title be recorded tying this property with the Belleview Biltmore property in the Town of Belleair; (Note: This condition may be expanded to address the issue of the Mr. Waywells, Planner H July 14, 2008 Page 24 size of the "accessory" restaurant in relation to parking requirements.) Response No. 12: Based on the proposed condition of approval discussed in Response No. 12 above, the Applicant believes, and the City staff agreed in concept at the July 3, DRC meeting, that the need for a Unity of Title document is no longer necessary. Comment No. 13: Response to Comprehensive Infill Redevelopment Project criteria #2 - Response No. 13: Erroneous comment. No response required. Comment No. 14: Provide a drawing of a typical "temporary cabana structure" in plan and elevation view. What type and color of cover material will the cabana structure be made of and what provisions are being made to remove these structures in the event of a hurricane event? Will the cabanas have a covering over the top and sides or only over the top? Response No. 14: JUL 14 2904 PLANN'"G 'ARTMENT VVMlk OTHER: Comment: Response: The proposed cabanas will be consistent with the attached cut sheet from Resort Cabanas. The cabanas are constructed from flame retardant fabrics and the selected color will be compatible with the colors of the hotel. Although the cabanas can be designed for 80 mph winds, we expect that the cabanas will be disassembled and removed during hazardous weather conditions. The cabanas can be installed with or without foundations; however, a foundation with a sleeve is preferred and will be utilized if found acceptable by the Florida Department of Environmental Protection. See enclosed cut sheet from Resort Cabanas and refer to manufacturer's web site: www.resortcabanas.com. No Comments No further response required. If you have any questions, please feel free to contact our office. Very Truly Yours, Mtects PA FAIA Mr. Waysells, Planner II July 14, 2008 Page 25 Enclosures c: Joseph Penner, Legg Mason Real Estate Investors, Inc., w /encl. Thomas Reynolds, Randert, Steele, Bole and Reynolds, P.A., w /encl. Octavio Cabrera, P.E., Florida Design Consultants, w/o encl. Cynthia H. Tarapani, AICP, FDC, w /encl. Jeffrey W. Denny, P.E., Florida Design Consultants, w/o encl. Roy E. Chapman, P.E., Florida Design Consultants, w/o encl. Ron Hare, Skanska USA, w /encl. Gerry Marston, Wallace Roberts Todd, w /encl. Mel Garcia, Gartek Engineering Corporation, w /encl. Douglas Wood, Douglas Wood & Associates, w /encl. :pcm K:\Belleview Biltmore \Cabana Club\l etters\wells.01doc �RIIR, PANN* -MMENT VV ILK t 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 C; CIA Hec'S O DATE: -7 �0 FAX: app"- 4-4 - 2--7r TELEPHONE: 3 OS 6 - 7799 FROM: Wayne M. Wells TELEPHONE: (727 ) 562 -4504 SUBJECT: fo - Ll T W . EL—,D yo u - 0 Z-0 O -L- NUMBER OF SHEETS (INCLUDING THIS PAGE): 3 . Page 1 of 1 Wells, Wayne. From: Wells, Wayne Sent:. Sunday, July 13, 2008.4:36 PM To: 'richard @rjha.net' Subject: Pressman: Legg mason Traffic FYI. - - - -- Original Message---- - From: PressInc @aol.com [mailto:PressInc @ aol.com] Sent: Saturday, July 12, 2008 7:16 PM To: Wells, Wayne Subject: Re: Pressman: Legg mason Traffic While I could not disagree with you. more. I .do appreciate your response. and communication. In a message dated 7 /11/2008 1:59:11 P.M. Eastern Daylight Time, Wayne.Wells @myClearwater.com writes: Todd -. The Planning Department has determined. the restaurant accessory to the overnight accommodation use. The Code does not require additional parking for accessory uses.. No. Traffic Impact Study was required for this application, due to the change from the existing restaurant to. a proposed hotel. Wayne. - - - -- Original Message - - - -- Todd Pressman, President. Pressman & Assoc., Inc. 28870 U.S.. Highway 19, N., #300 Clearwater, FL 33761 Cell, 727 - 804 - 1760. Ofc. 727- 726- 8683.. Fx. 727 - 669 - 8114.. Alt. Fx. 727- 725 -2933. Get the scoop on last night's hottest shows and the live music scene in your area -. Check out TourTracker.com! 7/13/2008 From: Wells, Wayne Sent:. Sunday, July 13, 2008 3:37 PM To:. 'richard @rjha.net' Subject: Pressman:, Legg Mason Richard -. Is Mr.. Pressman correct in his information relative to. the height of the. restaurant, lower portion of the building? How much lower will the proposed restaurant portion be over the existing condition? You may wish to provide more. definitive. height comparisons in your submittal (graphic and written).. Wayne. - - - -- Original Message---- - From: PressInc @aol.com [mailto:PressInc @aol.com] Sent: Wednesday, July 09, 2008.12:13, AM To:. Wells, Wayne Subject: Pressman: Legg Mason Wayne, I have sent a couple of emails to you on selected and specific issues in the last few days,. but I have not heard back. Have you gotten those emails in the last few days? The main email was regarding parking that I am particularly concerned with. wanted to be make you aware of one other crucial point that came out Tuesday night when speaking with the Legg Mason people. They have made a really big deal about lowering the height of the existing restaurant by a floor. In my opinion, . they have tried to present this as. a lowering of that over all. restaurant structure. that may leave the impression. in a reader's mind that it will improve view corridors and be less height than what is there now. You need to be aware that per our discussion this evening, as I understood it, the total height of the proposed restaurant will be the same as it is now. This is obviously critical in regard to their efforts to try and minimize impacts of the view corridors with the project... They stated in their last submittal: e. The proposed development provides for appropriate buffers, enhanced landscape design and appropriate distances between buildings. The project is appropriately located with regard to its neighbors. On the north side of the property, the project proposes to construct the restaurant portion at a height one floor lower than the current 3 story restaurant structure. The orientation and lower height of the new restaurant will maintain the existing views of the adjacent Cabana Club Condominium.. Please be very careful on this point! I would absolutely urge you to confirm this information with them if it is any kind of an important point in your analysis.. Thank you ... I am trying to keep it to a minimum.. Todd. Pressman, President, Pressman & Assoc., Inc. 28870. U.S. Highway 19, N., #300 Clearwater, FL 33761 7/13/2008 FWI 0 0 Page 2 of 2 Cell,. 727 - 804 - 1760. Ofc. 727 - 726 - 8683. Fx.. 727 - 669 - 8114.. Alt. Fx. 727- 725 -2933 Gas prices getting you down? Search AOL Autos for fuel - efficient used. cars.. 7/13/2008 Wells, Wayne From: Wells, Wayne Sent: Thursday; July 10, 2008.2:04 PM To: 'Cyndi Tarapani' Cc: Juan Alcala; Richard. Heisenbottle Subject: Cabana Club Cyndi. - Your calculation would be correct.for the accessory. restaurant. Wayne - - - -- Original Message ----- From:.Cyndi Tarapani. [mailto:CTarapani @fldesign.com] Sent: Thursday, July 10, 2008,1:44 PM To:.Wells, Wayne Cc: Juan Alcala; Richard Heisenbottle Subject: Cabana Club Wayne -we have.one technical.question needed for our resubmittal. Regarding the. restaurant, we are.stating in the.narrative and showing on the plans the size of the restaurant. To calculate the size of the restaurant,.we have included the following areas as.shown on the first floor. plan: Kitchen, 952 sf Restaurant, 2,938.sf Pool Bar and grill, 1,096 sf Total = 4,986 sf I am also attaching a portion of. the first floor plan that shows these areas.outlined in red with the sizes calculated by Heisenbottle's.staff in CAD.for.accuracy. Would you please confirm that this an appropriate calculation for the. restaurant size ?. Your timely response would be helpful.so that. we can finalize.our. narrative and plans for resubmittal. Thanks. as always.for your help. . Cyndi Tarapani Vice President,. Planning Florida Design Consultants ctarapani @fldesign.com. Office: 727 - 849 -7588 Cell: 727- 234 -7857 Fax:.727- 848 -3648 1 ry METAL ECK EXISTING �, • .. • . S JU`J07- 2008(MOM) 10:12 P. 001!003 7 2 0.T O R oV f' Amy Maguire Art Shand maguire@sosstrategy.com dsosstrategy.com Shand a7 ostragegy.com CONFIDENTIAL FAX MESSAGE DATE: DELIVER THE FOLLOWING PAGES TO: r.711I FIRM /COMPANY: CITY/ STATE: PHONE NUMBER: TELEFAX NUMBER: FROM: NAa U► PROJECT NAME: COMMENTS: TRANSMITTING PAGES INCLUDING COVER SHEET. CALL IMMEDIATELY IF ALL PAGES ARE NOT RECEIVED TELEPHONE NO. 727-539-7790 FAX NO. 727-539-7791 CONFIDENTIALITY NOTICE This message (including any attachments) contains information that may be confidential. Unless you are the Intended recipient (or authorized to receive for the intended recipient), you may not read, print, retain, use, copy, distribute or disclose to anyone the message or any information contained In the message. If you have received the message in error, please advise the sender by reply Fax, e-mail, or phone and destroy all copies of the original message (including any attachments). Belleair Oaks • 2240 gelleair Road, Suite 15o - Clearwater, FL 33764 (P) 727 - 535 -7790 • M 727.539 -7791 - www.sostrategy.com Members: abcleary@aol.com akhiLdas@yahoo.com atdipato@tampabay. m com annebede@myspdng.com arlenemuss@aol.com Ashokk@aol.00rn bbmkh726 @aol.com bells ma rlen 1 999 @yahoo.com SemleByte @aol.com betseylu4e@aol.com bobandpatrogowicz@tampabay.rr.com aom cobanaclub@verizon.net coseandsahli @msn.com cdevaney@earthlink.net Cme4rk@aol.com Craig Junldns @mail.t€p4.00m cresmntheachi@aot.com DagSundse @aol.com dblc54 @yahoo.com delbasso@servebase. cam DHOP166@msn.com dtckcrowl @aol.com dlm773@verizon.net dnjsawyer@yahoo.com DonaldVanW @aol.00m dougpras@aol.com eagleflyi ng @earth link. net ebu rzu mato@ n atio nsrec. eo m ehkmsmba@aol.com Elaine. 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From: Wells, Wayne Sent:. Monday, July 07, 2008.9:38 AM To: 'Maguire, Amy' Subject: Tuesday's. Open. House Amy - Thank you... Please do not send the. invitation to. the CDB. members.. The CDB members'. email addresses are:. Jordan Behar iordan a�behardesign.com), Dana Tallman (danatallman (cburscorp.com), Frank Dame (fdame @y_ahoo.com), Thomas Coates (tomas @tri_angled_evel_opment tom.), Richard. Adelson (radelson2@verizon_,net), Doreen DiPolito ( doreen di_polito @d -mar com) and Nick Fritsch (nfritsch c)tam abay.rr_com). Wayne - - - -- Original Message---- - From: Maguire, Amy [mailto:maguire @sostrategy.com] Sent: Sunday, July 06, 2008 3:26 PM To: Wells, Wayne Subject: Tuesday's Open House Wayne, It was so nice to meet you in person on Thursday. I hope you had a nice weekend. I have sent this to most of the folks that have sent any correspondence to us. I am sending it out again in a mass email Monday. 1 am assuming that you do not recommend that CDB members receive a copy of the invite. Can you please provide me their email addresses so I remove them from the list. Thank you 7/7/2008 q 0 • Off Page 2 of 3 7/7/2008 71 7: 2 r �7. _7 7�1 41 AT THE BELLEVIEW BILTMORE I History In June, X)07. Legg Mason R'fr-11 EsUite Investors, Or— pure. Kts,, -d the R(11' t•vww 8,11nwe Hotel and the W leview BiArnore Golf Cou meand Ctvb 1-ocated in the Town of Se4 fea if as rre U as the Ca barns Club located an Saud Key i n the C sty c4! Ocafwater, Florida. The owntf i-. own rnitted to a hi-ftric ft-vof-ition of the 8elteview&tmoreasatour- sa.)rrewt property. On May 2u, 2b08. The Town fA- of W lea it Commission voted to approve the site plan and rwce-,iary varij noes 1 -1 W. .. I for the Bvllvvji w Biltmore Not. 4 -i nd Gott Mh t, INA Ito mom( L 1.11 411*12at Mktg n. MAV, j I r �7. _7 7�1 41 AT THE BELLEVIEW BILTMORE I History In June, X)07. Legg Mason R'fr-11 EsUite Investors, Or— pure. Kts,, -d the R(11' t•vww 8,11nwe Hotel and the W leview BiArnore Golf Cou meand Ctvb 1-ocated in the Town of Se4 fea if as rre U as the Ca barns Club located an Saud Key i n the C sty c4! Ocafwater, Florida. The owntf i-. own rnitted to a hi-ftric ft-vof-ition of the 8elteview&tmoreasatour- sa.)rrewt property. On May 2u, 2b08. The Town fA- of W lea it Commission voted to approve the site plan and rwce-,iary varij noes 1 -1 W. .. I for the Bvllvvji w Biltmore Not. 4 -i nd Gott Mh t, INA Page 3 of 3 No virus found in this outgoing message. Checked by AVG. Version: 7.5.524 / Virus Database: 270.4.5/1537 - Release Date: 7/6/2008 5:26 AM No virus found in this outgoing message. Checked by AVG. Version: 7.5.524 / Virus Database: 270.4.5/1537 - Release Date: 7/6/2008 5:26 AM 7/7/2008 Page 1 of 2 Y Wells, Wayne. From: Wells, Wayne Sent:. Sunday, July 06, 2008.1:25 PM To: 'richard @rjha.net' Subject:. Case #FLD2008 -02002 (1590. Gulf Blvd.) Please distribute to interested parties FYI - - - -- Original Message---- - From: ETONAVE @aol.com [mai Ito: ETONAVE@aol.com] Sent: Sunday, July 06, 2008 1:13 PM To: Wells, Wayne; Watkins, Sherry; Hibbard @myclearwater.com; Doran, John; Petersen, Carlen; George.Creteko @myclearwater.com; Gibson, Paul Cc: JennyPaschall @aol.com; iskmanager @verizon.net Subject: Re: Case #FLD2008 -02002 (1590 Gulf Blvd.) Please distribute to interested parties Dear Sirs and Madam, Sand Key is congested enough! Mr. Mason's planned structure as well as his contingent expansion plans jeopardize the peace and harmony of this delicately balanced Key. Furthermore, aside from the hotels and park on the northern end of Sand Key, the bulk of Sand Key is used mainly by its occupants, creating a wonderful lifestyle as well as minimizing crime and maximizing safety. The impact on the area due to additional automobile traffic and parking must betaken into consideration. Adjusting height restrictions is yet another issue. Additionally, the absolutely ludicrous plan to ferry people, dropping them off on what to date has been a secure /gated area, i.e., Isle of Sand Key, The Harborage and the Moorings, is an affront to all of us who live in that community. At the moment, children can play safely in a guarded, secure area. Once open to the public, our children and grandchildren could be subject to predators who would gain access to what was a relatively safe haven. The ferry symbolizes the potential negative impact Mr. Mason's plan could have on Sand Key. To approve his planned construction, as well as contingent construction and subsequent amenities, would be to give one individual and his corporation an advantage at the cost of significant disadvantage for the entire tax - paying population of Sand Key and Bellair. Give your constituents the consideration they deserve .... and reject Mr. Mason's proposal. Respectfully, 7/6/2008 Page 2 of 2 Ron & Jenny Lyon 1621 Gulf Blvd #1103 Clearwater Beach, Florida 33767 Gas prices getting you. down? Search AOL Autos for fuel - efficient used cars. 7/6/2008 W 0 Wells, Wayne From: Wells, Wayne Sent: Wednesday, July 02, 2008 7:00 PM To: 'richard @rjha.net' Cc: Cyndi Tarapani (E- mail); 'Presslnc @aol.com ; 'Cynthia @ProRemLaw.com' Subject: FLD2008- 02002, 1590 Gulf Blvd. Richard - I apologize for the lateness of the DRC comments. It has been hectic with the loss of staff in our office. Attached are the Draft DRC comments for the above referenced application, to be reviewed at 1:00 am on July 3, 2008, at our offices. Wayne K Wells, AICP Planner III City of Clearwater 100 South Myrtle Avenue Clearwater, FL 33756 -5520 Phone: 727 - 562 -4504 Fax: 727 - 562 -4865 Im Draft 7.3.08 C Action Agend Page 1 of 1 Wells, Wayne From: Wells, Wayne Sent: Wednesday, July 02, 2008 7:31 AM To: 'richard @rjha.net' Subject: LEGG MASON ON SAND KEY FYI - - - -- Original Message---- - From: saschellstar @aol.com [mailto:saschellstar @aol.com] Sent: Tuesday, July 01, 2008 5:22 PM To: Wells, Wayne Subject: LEGG MASON ON SAND KEY my wife and i reside at 1581 gulf blvd unit 404.. it is not a rental unit but our residence. we just want to go on record as opposed to the legg mason hotel across the street from us. they are asking for variances in the building codes. they are trying to misrepresent that the building will not bring more transient guests to the island. they are trying to downplay the size of the structure. i attended both the meeting at the cabana club and the SKCA sailing center. whats odd is that at the first meeting back in February at the cabana club is that when asked if they needed any variences they said we need one to the set back.. later somoene asked what about a variance to the height.. they said oh yeah we forgot we want a variance for height as well. when asked what is the variance they said from 25 to 66 feet. 2 1/2 times the code. and they "forgot" to mention that to us. their presentation was filled with lies and half truths. then they want to shuttle in employees by bus and by water. using the dock located next to our swimming pool. a dock that they lift in disrepair for years until it finally simply fell in. we are a island of residential buildings not a tourist area like clearwater beach. please do not grant them the variances they seek. thanks so much steve and joanne schell. Gas prices getting you down? Search AOL Autos for fuel - efficient used cars. 7/2/2008 . Pagel of 2 Wells, Wayne From: Wells, Wayne Sent: Wednesday, July 02, 2008 7:29 AM To: 'richard @rjha.net' Subject: App FLD 2008 -02202 1590 Gulf Blvd. FYI (photo is attached) - - - -- Original Message---- - From: Ardith Shipley [ mailto :wonderchef50 @hotmail.com] Sent: Tuesday, July 01, 2008 8:38 PM To: Wells, Wayne Subject: FW: App FLD 2008 -02202 1590 Gulf Blvd. Wayne, I mistakenly sent you the first draft without the photo. My apologies. Ardith Shipley From: wonderchef50 @hotmail.com To: wayne.wells @myclearwater.com Subject: App FLD 2008 -02202 1590 Gulf Blvd. Date: Tue, 1 Jul 2008 20:24:28 -0400 Wayne, I am writing to you once again to further reiterate my opposition as well as my husbands, to the above project. First, I would like to say that the residents of Sand Key appreciate the enormous amount of work that you, as well as others have given to this project. We are very passionate about our neighborhood and would find nothing more satisfactory than having Legg Mason build a nice two story, five star restaurant that all residents and tourists of this area would enjoy. I know that no one is required to maintain view corridors for adjacent property owners, but for Legg Mason to address this in their application and say that this project "does not have a detrimental effect of any current views ", is outrageous to those of us who will be adversely impacted to a tremendous extent. They are referring to the Isle of Sand Key as 'The Harborage ". Obviously they are unfamiliar with what buildings are located where. I have attached a photo from our unit for your consideration. This was taken from the Isle of Sand Key, Unit #1202. From this 12th floor vantage point, if this "boutique hotel" is built, virtually all of our view in that direction will be obstructed. True, we may be able to see a tiny sliver of the gulf above the building, but that is debatable. As well, all of the units in our building on the northwest and north side of the building will be greatly impacted also. In addition, units on the southwest side will also be impacted. This proposal would not be a concern to many property owners if we could be assured that no height or setback variances would be granted for this project and that the new building would retain the 'look and feel' of the current building. Although there are many more issues to consider, including water, infrastructure, the impact of a boat coming into the area hourly and it's impact on the manatees and dolphins as well as increased traffic and 7/2/2008 �! Page 2 of 2 a parking issues. We purchased our property with a structure already at the proposed sight and was assured by our realtor that everything was "grandfathered" in and if anything was torn down that the new structure could not be built any higher than the previous structure. Many believe that this issue of view should not be addressed as those of us who will be impacted will sound 'spoiled or entitled'. The very reason we purchased this unit was because of the exceptional view. That is generally the first consideration when looking to purchase beach property. The price on this unit was considerably higher specifically because of that view and therefore the taxes are higher because of that view. How can this not be a consideration? A large percentage of unit owners at the Isle of Sand key ARE homesteaded properties and are either full time residents or this is their primary home, as it is ours. I believe that there are currently only six properties that are rented out and our condo by -laws require a minimum of a three month lease. This is NOT transient rental as stated by Legg Mason. Martin Smith, at the Sand Key Civic Association meeting said that they wanted to build this 'boutique hotel' and market it to wealthy Europeans as having a beautiful view of the Gulf - just what they are proposing to take from us! I have attended both meetings that Legg Mason presented at on Sand Key. They presume to state that they have had 'numerous' meetings with adjacent property owners, yet they do not know that the Isle of Sand Key is the condo directly across the street and a little south of the proposed development. At both meetings I specifically asked what the current height zoning was for this property. At both meetings I was told by the Legg Mason attorney that it is 25'. When asked what variance they were asking for they replied that they were asking for an ADDITIONAL 68' on the height. They are calling this a "6 story boutique hotel ". How can a 6 story hotel end up being nearly 94' high ? ? ?? Legg Mason's attitude at these meetings seemed to me to be condescending to the concerns of the residents and completely non - flexible. It is they who are asking for multiple variances, .a bigger footprint, and are really not willing at all to meet with the residents again. I was contacted by Amy McGuire (whom I assume is running a PR campagne for Legg Mason) via e-mail and I wrote back to her asking about specifics and the inconsistencies of the information that was being disseminated by herself and Legg Mason. I have never received an answer back from her. I truly believe that they want only 'their information' out there and that it is definitely skewed to omit and deceive. Best Regards, Ardith Shipley Watch "Cause Effect," a show about real people making a real difference. Learn more. Do more with your photos with Windows Live Photo Gallery. Get Windows Live-Free. 7/2/2008 From:. Wells,. Wayne Sent:. Tuesday, July 01, 2008 1:24 PM To: 'richard @rjha.net' Subject: Case #: FLD2008 -02002 (1590 Gulf Blvd.) Importance: High FYI. There are two attachments to. the email to also look at.. - - - -- Original Message---- - From: Cynthia L. Remley, Esq. [mailto:Cynthia @ProRemLaw.com] Sent: Tuesday, July 01, 2008 12:45 PM To: Wells, Wayne Subject: Case #: FLD2008 -02002 (1590 Gulf Blvd.) Importance: High Hi Wayne:. We wanted to share with you some comments about Legg Mason's Responses to you of June 11, 2008:. 1. Boat Dock - Comment No.. 6: With respect to Legg Mason's purported right to use a dock, please see the attached memo from Alan Zimmet.. 2. Traffic, Parking, Comprehensive Infill Redevelopment Criteria, Height, Coastal Construction Control Line and Public Access Easement -. Please see the attached "LM Issues" document. 3. Restaurant Size - We believe that the Applicant should provide the square footage of the proposed new restaurant, calculated as the Cityy does, to. include restrooms and all kitchen, preparation, lobby, storage, and service areas... 4.. Adverse Effects on Adjacent Properties with respect to Visual, Acoustic, Olfactory. and Hours of Operation Exhibit B, Criteria and Response No. 6: The comments completely omit any mention of the Isle of Sand Key Condominium Building which is adjacent to the east and south of the proposed development. The Applicant has not accurately commented on the adverse impact,. especially visual, to all of the surrounding and adjacent properties.. 5. Turtle Nest - CMA has identified 3. Sea Turtle Nests on Sand Key, one of which is located near this property. It is not clear how the Applicant's proposed plans will protect and preserve the habitat of sea turtles and other wild life.. 6.. Public. Access Easement OR6848. -. We do not understand how the City can allow this easement to. be obstructed in any manner. 7. Meetings. With Adjacent Property Owners - Comment No. 44:. Applicant's representations . concerning past meetings and current discussions, is not accurate. There have been only two public presentations by the Applicant to all Sand Key residents: (1) February. 4th, Banquet Room on the. 3rd floor of the Cabana Club Restaurant; and (2). March 5th, at a public meeting of the SKCA held at the Clearwater Sailing Center located on Sand Key. Presentations were conducted BEFORE the Applicant had completed and disclosed that its development plans included the area up. to and seaward of the CCCL. The Applicant has refused the request of the residents'. attorney to conduct another public meeting on Sand Key to support the greatest attendance possible by the residents who will be impacted by this proposed development. 7/l/2008. r Page 2 of 2 8. Cabana Club. Condominium Board -. Applicant represents in Exhibit A, Comment 1, p. 2 and in Exhibit B, Comment 1, p. l 1, "....that the Cabana Club. Condominium Board has stated in writing that they are in favor of the proposed hotel and its design." . We believe that there is no document supporting the inference and claim that the Board voted upon and put into. writing, favorable approval of the "proposed hotel and its design." Numerous Cabana Club. Condominium residents have expressed their opposition in petitions and donations to the legal fund of a neighborhood group that opposes the plans and seeks redevelopment of this site without variances. Cynthia L.. Remley SAVE OUR NEIGHBORHOOD. Direct (727) 215 -9711. e- mail: Cynthia�a� ProRemLaw.com 7/1/2008 Page 1 of 2 Wells, Wayne From: Wells, Wayne Sent: Tuesday, July 01, 2008 1:19 PM To:. 'richard @rjha.net' Subject:. The Cabana Club. Hotel. proposed by. Legg Mason FYI.. Make sure you see the. attached letter to this. email (looks like the same information). - - - -- Original Message---- - From: PhyllisZeno @aol.com [mailto:PhyllisZeno @ aol.com) Sent: Tuesday, July 01, 2008 1:13 PM To: Wells, Wayne Subject: THe Cabana Club Hotel proposed by Legg Mason 1.586 Gulf Boulevard, #2501. Clearwater, Florida 33767. July 1, 2008 Mr.. Wayne. Wells Planning Dept. PO Box 4748 Clearwater, FL 33758 -4748. Re: FLD2008 -02002 — 1590 Gulf Boulevard Dear. Mr. Wells:. I have reviewed comments made to you by Legg Mason claiming that "the Cabana Club. Condominium Board has stated in writing that they are in favor of the proposed hotel and its design." From December 2005. through January 2008,1 was secretary of the board of the Cabana Club Condominium Association, at which time I became Acting President until I resigned in March 2008 for personal reasons.. Since. my resignation I have attended all Cabana Club. Condominium Association meetings. At no time when I was a member of the Board, or when I attended as unit owner, did the Board ever entertain a motion about the plans of Legg Mason to build its proposed hotel, and it certainly has not made a statement in writing that it is in favor of the Cabana Club Hotel being built on the property adjacent to our condominium.. The statements that appear in Legg Mason's submittal are totally false. See below:. 1. Exhibit A, Comment to Response #1, p. 2, last sentence of the 1St full paragraph. 2. Exhibit B, Comment to Response #l, p.. 11, last sentence of the 3rd. full paragraph.. Also the statements that the majority of our Cabana Club. Condominiums are maintained for short term rental purposes is equally false. Our condominium rules state that our condos shall not be rented for less than six months and one day. Although some of the units have absentee owners, they remain vacant when the owners are not present.. The condo owners in the south end of the Cabana Club who are directly affected by a hotel 7/1/2008 ` Page 2 of 2 next door include myself, (2501) Shamsah Shidi (2201) , Richard Wright (2401); all of whom maintain homestead exemptions. Ted Zorbas, Penthouse; Billy Mitchell, 2701, are absentee owners who do not rent their units.. Ed Mortellaro, 2601, has just rented his unit for one year. All of us are opposed to any easements or variances for the hotel next door as are many other residents in Building II as well as current board members who reside in Building I. We urgently ask that you deny Legg Mason's requests and that they be made to correct such inaccurate and false statements.. Sincerely,. Phyllis W. Zeno Former Secretary and Presiding President, Cabana Club Condominium Aswsociation Gas prices getting you down ?. Search AOL Autos for fuel - efficient used cars.. 7/1/2008 40 40 Page 1 of 1 Wells, Wayne From: Wells, Wayne Sent: Tuesday, July 01, 2008 4:22 PM To: 'richard @rjha.net' Subject: LEGG MASON APPLICATION , #FLD 2008 -02202 FYI - - - -- Original Message---- - From: Marysunshinezta @aol.com [mailto:Marysunshinezta @aol.com] Sent: Tuesday, July 01, 2008 3:22 PM To: Wells, Wayne Cc: Cynthia @ProRemLaw.com Subject: LEGG MASON APPLICATION #FLD 2008 -02202 Dear Mr. Wells, would like to respond to the statements issued by Legg Mason in regard to their proposed development of property on Gulf Boulevard immediately across from my (homestead exempt - -for many years) condo home in The Harbour. As a five generation Floridian and home owner in Pinellas County, I object to the Legg Mason assertion that we are not a neighborhood simply because many of the residents here are retired and -- yes - -do spend portions of each year in other places.. The majority of homeowners in my condominium do not rent their units, and we greatly enjoy the benefits of residential life in this lovely area. We do NOT want this to change. Granted, Sand Key Park (some several blocks away , adjacent to two large Sand Key hotels) does have frequent non - resident visitors. We, at Sand Key's other end, are residential. I would like, with all due respect to Legg Mason's carefully- worded proposal(s), to have any and all zoning change applications denied. If this firm truly wishes to preserve the ambiance of our community, they will not need increased height for their proposed structure, or any of the several other wished -for zoning changes. I did attend two meetings with the Legg Mason representatives (2/4/08; 3/5/08) and, frankly, I was appalled at their seeming disregard to our community's objections of their proposals. If Legg Mason defines "numerous meetings" by the number TWO, then we also have a problem of math disagreement. Please consider my objection to the Legg Mason project and it's adverse impact to.what I consider my HOME. Sincerely, Mary G. Barcellona 1591 Gulf Blvd Clearwater, FI 33767 Gas prices getting you down? Search AOL Autos for fuel - efficient used cars. 7/1/2008 • 0 Page 1 of 1 Wells, Wayne From: Wells, Wayne Sent: Tuesday, July 01, 2008 4:21 PM To: 'richard @rjha.net' Subject: Cabana Club Beach Hotel FYI - - - -- Original Message---- - From: Kellertoo @aol.com [mailto:Kellertoo @aol.com] Sent: Tuesday, July 01, 2008 3:09 PM To: Wells, Wayne Cc: Kellertoo @aol.com Subject: RE: Cabana Club Beach Hotel Dear Mr. Wells: I understand that Legg Mason has told you that the Cabana Club Condominium board has stated in writing that they are in favor of the proposed hotel and its design. I am the President of the Cabana Club Condominium Association, Inc. Please be advised that the Board has never made a motion or voted to approve the building of the proposed Cabana Club Hotel. The Board never put anything in writing to approve the hotel. A survey of our residents, that was done months ago, is no longer valid because the information was incomplete and was not based on the current plans. Sincerely, Rosemary Keller President, Cabana Club condominium Board Gas prices getting you down? Search AOL Autos for fuel - efficient used,,,,,ca,rs. 7/1/2008 From: Wells, Wayne Sent: Friday,. June 27, 2008 8:08 AM To:. 'richard @rjha.net' Subject: Pressman: Legg mason Elevations FYI - - - -- Original. Message - - - -- From:. PressInc @aol.com [mailto:PressInc @ aol.com] Sent: Thursday, June 26, 2008 9:09 PM To: Wells, Wayne Cc: Cynthia @ProRemLaw.com Subject: Pressman: Legg mason Elevations Wayne, in regard to how the site plans and elevations that were submitted by Legg Mason, I have one critical concern on how the elevations look and are portrayed for the proposed site. This. specifically refers to the proposed Gulfward expansion of their plans. Critically, and on such a crucial component, my opinion is that it is impossible to determine and see the encroachment of their proposal past the CCCL line in any reasonable fashion - particularly as it relates to the other existing structures out there.. This is a pivotal element for the public to see and. understand. Sheet A -6.01, the reduced color elevation, in my opinion is misleading. 1) It shows their Gulfward expansion as equal to some kind of line with Dan's Island's rear existing site. As a neighbor, there is no green area or grass that exists back there and it is my opinion that this elevation is made up to make it look like the 25' gulf ward expansion is equal. to. what Dan's Island has -. which is absolutely and totally not the case as I understand it. 2) They are also proposing a "composite railing system" that is not shown. The resulting effect of this sheet shows that it is completely open to the public with no barricade - which is not the case as. I understand it. 3) 1 have seen different numbers assigned to the elevation of this Gulfward expansion - that needs to clearly be depicted and readable and understood versus neighboring properties. This must all be corrected and accurately depicted, in my opinion. This must also include the neighbor to the North, the Cabana Club rear existing area and rear existing development lines.. All of the above also should be included sheet A -6.08, in my estimation. The cover reduced color sheet of the. same packet - no sheet number. This sheet does not depict the 2 neighboring properties and there is zero ability to determine how far the Gulfward expansion or the affect of the expansion is proposed. without a clear and direct reference to the 2 neighboring properties and their rear existing development lines. would ask in the most serious regard that these be corrected and accurately depicted, in my opinion, in order for the public to begin. to understand what is proposed here.. What is proposed is an expansion onto public lands which appears to be a precedent on Sand Key and on the most precious resource the City has and the public must have a clear and unequivocal accurate view of what is proposed. Thank you. Todd Pressman, President, Pressman & Assoc., Inc. 28870 U.S. Highway 19, N., #300 Clearwater, FL 33761 6/27/2008 • • Page 2 of 2 Cell, 727 - 804 -1760. Ofc. 727 - 726 -8683. Fx. 727 - 669 -8114. Alt. Fx. 727 - 725 -2933 Gas prices getting you down? Search AOL Autos for fuel - efficient used cars. 6/27/2008 From:. Richard. Heisenbottle [richard @rjha.net] Sent:. Friday, June. 27, 2008 8:49 AM To: Wells, Wayne Cc: Cyndi Tarapani; Joe Penner; Thomas Reynolds; Maguire, Amy; Juan. Alcala; O. Cabrera Subject:. RE: Pressman:. Legg mason Elevations Wayne,. Thank you again for continuing to forward me all correspondence regarding the project.. I will address the issues discussed below in greater detail later, but for now let me assure you that there is no intention. on our part to, expand on to. public land, our plans. are very clear in that regard. Richard J. Heisenbottle,. FAIA President R.J. Heisenbottle Architects, PA 2199 Ponce de Leon Boulevard Suite 400. Coral. Gables, FL 33134. Tel. 305 - 446 -7799. ext. 14 Fax 305 - 446 -9275 Cell 786 - 218 -6722 E -mail rich ard a riha.net From: Wayne.Wells @myClearwater.com [ mailto :Wayne.Wells @myClearwater.com] Sent: Friday, June 27, 2008 8:08 AM To: Richard Heisenbottle Subject: Pressman: Legg mason Elevations FYI - - - -- Original Message---- - From: PressInc @aol.com [mailto:PressInc @aol.com] Sent: Thursday, June 26, 2008 9:09 PM To: Wells, Wayne Cc: Cynthia @ProRemLaw.com Subject: Pressman: Legg mason Elevations Wayne, in regard to how the site plans and elevations that were submitted by. Legg Mason,. I have one critical concern on how the elevations look and are portrayed for the proposed site. This specifically refers to the proposed Gulfward expansion of their plans. Critically, and on such a crucial component, my opinion is that it is impossible to. determine and see the encroachment of their proposal past the CCCL line. in any reasonable fashion - particularly as it relates to the other existing structures out there. This is a pivotal element for the public to see and. understand. . Sheet A -6.01, the. reduced color elevation, in. my opinion is misleading. 1) It shows their Gulfward expansion . as. equal to some kind of line with Dan's Island's rear existing site. As a neighbor, there is no. green area or grass that exists. back there and it is my opinion. that this elevation is made up to make it look like the 25' gulf 6/27/2008 +_ Page 2 of 2 ward expansion is equal to. what Dan's Island has - which. is absolutely and totally not the case as I understand it.. 2) They are also proposing a "composite railing system that is not shown. The. resulting effect of this sheet shows that it is completely open to the public with no barricade -. which is not the case as I. understand it.. 3) 1 have seen different numbers assigned to the elevation of this Gulfward expansion. - that needs to clearly be depicted and readable. and understood versus. neighboring properties. This must all be corrected and accurately depicted, in my opinion.. This must also include the neighbor to the North, the Cabana Club rear existing area and. rear existing development lines. All. of the. above also should be included sheet A- 6.08,. in my estimation. The cover reduced color sheet of the same packet - no sheet number. This sheet does not depict the 2 neighboring properties and there is. zero ability to determine how far the Gulfward expansion or the affect of the expansion is. proposed. without a clear and. direct reference to the 2 neighboring properties and their rear existing development lines. would ask in the most serious regard that these be. corrected. and accurately depicted, in my opinion, in order for the public to begin. to. understand what is proposed here. What is proposed is an expansion onto public lands which appears to be a precedent on. Sand Key and on the most precious resource the City has and the public must have a clear and unequivocal accurate view of what is proposed... Thank you. Todd Pressman, President, Pressman & Assoc., Inc. 28870 U.S. Highway 19, N., #300 Clearwater, FL 33761 Cell, 727 - 804 -1760. Ofc. 727- 726 -8683. Fx. 727 - 669 -8114. Alt. Fx. 727 - 725 -2933 Gas prices getting you down ?. Search. AOL Autos for fuel - efficient used cars.. 6/27/2008 i 0 Wells, Wayne From: Wells, Wayne Sent: Wednesday,. June 25, 2008.4:17. PM To: 'richard @rjha.net' Subject: Case #FLD2008 -02002 (1590 Gulf Blvd.) Richard - Attached is a Letter of Response submitted by Todd Pressman today (6/25/08). There are 16 pages and includes color photos.. This was submitted to us as a hard. copy and on a DVD.. I am sending to you what was on the DVD. (same as the hard copy). Wayne M. Wells, AICP Planner III . City of Clearwater 100 South Myrtle Avenue Clearwater, FL 33756 -5520 Phone: 727- 562 -4504 Fax: 727 - 562 -4865 Letter of ponse from T. F Wells,. Wayne • From: Wells, Wayne Sent: Thursday, June 19, 2008 11:38 AM To: 'Cyndi Tarapani; Watkins, Sherry Cc: Karen Sharkey; Richard Heisenbottle; Albee, Rick; Buysse, Beverly A.; Buzzell, William; Clayton, Gina; Doherty, Steve; Dougall- Sides, Leslie; Glenn, Tom; Gluski, Roberta; Kader, Art; Keller, James; Kurleman, Scott; Morris, William D.; Reid, Debbie; Rice, Scott; Rickard, Leonard; Tefft, Robert Subject: July 3 DRC- Cabana Club Cyndi. - We will work with your scheduling issue.. I am including Sherry in with this response so. she can help.coordinate.the.DRC schedule. Wayne - - - -- Original Message---- - From: Cyndi.Tarapani [mailto:CTarapani@fldesign.com] Sent: Thursday,. June 19, 2008.9:05 AM To: Wells, Wayne Cc:. Karen Sharkey;. Richard Heisenbottle Subject: July 3 DRC- Cabana Club Wayne -I. have a scheduling favor to. ask of you. The attorney for the Cabana Club has an pre- existing meeting on the morning of. July 3. Since his. meeting is related to litigation, it is very difficult to move or reschedule that meeting. Therefore, I was.hoping that the Cabana Club could be scheduled for the afternoon of the DRC meeting, as.opposed to the morning.. Would you please let me know if that is possible? .Thanks so much for your help.. PS -any early comments on our resubmittal ?. Cyndi Tarapani Vice. President, Planning Florida Design Consultants ctarapani@fldesign.com Office: 727- 849 -7588 Cell: 727 - 234 -7857 Fax: 727- 848 -3648 r� 2199 PONCE DE LEON BOULEVARD SUITE 400 CORAL CABLES FLORIDA 33134 305.446.7799 305.446.9275 FAX • June 11, 2008 Mr. Wayne Wells, Planner III City of Clearwater Planning Department Municipal Services Building 100 South Myrtle Avenue Clearwater, FL 33756 Re: Belleview Biltmore Cabana Club FLD2008 -02002 —1590 Gulf Boulevard Response to DRC Comments of May 1, 2008 Dear Mr. Wells: 9' 112000 pl-ANNs`ti4G MIMENT Oily OF C� WA FR On behalf of our Client, Legg Mason Real Estate Investors, we are pleased to submit the following documents and responses for the above referenced project pursuant to the comments received at the City of Clearwater Development Review Committee meeting of May 1, 2008. Enclosed please find the following: HEISENBOTTLE 1. Revised Exhibit B to Comprehensive Infill Redevelopment Project A R C H i T E C T 5 Application, 15 copies. 2. Revised Site Plan, including Civil, Architectural and Landscape Plans, 15 signed and sealed copies. 3. Revised Color Site Plan, reduced to 812" x 11 ", five copies. 4. Revised Color Building Elevations and Renderings, reduced to 81 /z" x 11 ", five copies. 5. Revised Fire Flow and Hydrant Work sheet, five copies. 6. Revised Exhibit A to Comprehensive Landscape Program, 15 copies. 7. Recorded Perpetual Public Easement Area for Pedestrian Passage (O.R. Book 6848, Page 1259), five copies. 8. Graphic indicating the location and sizes of the three land use plan categories/ zoning districts, one copy. 9. Historic Aerial Photographs, 1957 to 2007, one copy. 10. City of Clearwater - Water Atlas 311B, two copies. Also attached; please find our responses to your comments, to facilitate your review, the comments are restated (in bold) followed by our responses. If you have any questions, please feel free to contact our office. www.rjha.net Page 1 of 41 6/11/08 A Professional Association AAC001513 2199 PONCE DE LEON BOULEVARD SLIME 400 CORAL CABLES FLORIDA 33134 305.446.7799 305.446.9275 FAX HEISENBOTTLE A R C H I T E C T S Very Truly Y J. Heisen ottle Architects, PA Richard J. eisenbottle, FAIR President Joseph Penner, Legg Mason Real Estate Investors, Inc., w /encl. Thomas Reynolds, Randert, Steele, Bole and Reynolds, P.A., w /encl. Cynthia H. Tarapani, AICP, FDC, w /encl. Octavio Cabrera, P.E., Florida Design Consultants, w/o encl. Roy E. Chapman, P.E., Florida Design Consultants, w/o encl. Ron Hare, Skanska USA, w /encl. Gerry Marston, Wallace Roberts Todd, w /encl. Mel Garcia, Gartek Engineering Corporation, w /encl. Douglas Wood, Douglas Wood & Associates, w /encl. www.dha.net Page Z of 41 6 /11/08 A Professional Association AACW1513 r•. 0 ORWINM RECOYM 1 11200 GENERAL ENGINEERING: PLANNING PAPMIENl 1. Prior to review by the Community Development Board: CITY OF Ct EA-FN XER Comment No. 1: How is solid waste to be removed from the site? Show dumpster enclosure or staging area for solid waste pick up. Response No. 1: Solid waste will be removed from the site via "rollout" dumpster. The trash staging area has been relocated and indicated on the proposed plans. Additionally, the route via the Porte - Cochere has been widened (to 20') and raised (to 14' clearance) in order to accommodate a garbage truck. See Sheet C -3. Comment No. 2: Provide a minimum vertical clearance of 14' -0" under proposed Porte - Cochere to provide adequate clearance for emergency and solid waste vehicles. Response No. 2: The proposed Porte - Cochere has been widened (to 20') and raised (to 14' clearance) in order, to accommodate emergency, solid waste, and delivery vehicles. See Sheet C -3. Comment No. 3: Off - street loading space shall have a minimum vertical clearance of 14' -0 ". Proposed loading space beneath building will need to be relocated. (Community Development Code Sec. 3- 1406.A.1) Response No. 3: The proposed loading area (12' x 35') has been relocated and indicated on the proposed plans. Additionally, the route via the Porte - Cochere has been widened (to 20') and raised (to 14' clearance) in order to accommodate the appropriate vehicles. See Sheet C -3 and A -6.02. Comment No. 4: An existing Fire Hydrant Assembly (F.H.A.) is proposed to be removed from the northerly portion of the subject property. Describe on the plans how the 6 -inch water main serving this F.H.A. is to be brought out of service. Page 3 of 41 6/11/08 Response No. 4: A note has been added to the plans stating "Remove existing fire hydrant assembly and existing 6" fire line. Cap the 6" fire line at the property line." See Sheet C -2. Comment No. 5: A "Perpetual Public Easement Area for Pedestrian Passage" is shown on the survey as having been recorded in O.R. Book 6848, page 1259. Please provide a copy of this recorded document for determination of impact of proposed construction in this area of the site. Response No. 5: See enclosed copy of the recorded Perpetual Public Easement Area for Pedestrian Passage (O.R. Book 6848, Page 1259). The Applicant proposes to grade the area between the CCCL and the seawall to approximate elevation 7.0'. Existing grades in this area vary between elevation 5.4' to elevation 8.4', and can vary due to the sandy terrain and coastal. breezes. Proposed amenities will be a temporary structure as it is located in a velocity zone. Therefore, there will be no impacts to the existing Perpetual Public Easement Area for Pedestrian Passage. See Sheets C -3 and C -4. Prior to the issuance of a Building Permit: Comment No. 1: City records indicate a 6 -inch water main and a 4- inch main connection already exist serving this parcel. Can these existing facilities be utilized for the proposed improvements? The 10 -inch water main shown on the utility plan is a 12 -inch water main per City Water Atlas. Confirm actual size of water main and revise the utility plan if necessary. Response No. 1: According to information provided on City of Clearwater Water Atlas Sheet 311B, there is an existing 8" watermain and existing 6" watermain serving the existing site. Water Atlas Sheet 311 B also indicates that these two services are provided by an existing 10" watermain that runs along the northwest side Gulf Boulevard. See enclosed copy of Water Atlas 311B. A note has been added to the Site Plan Page 4 of 41 6/11/08 (and will be included on the Construction Plans) UJ stating "The location of the existing utilities are Wp, approximate as shown and it is the Contractor's � ^ responsibility to determine the exact location of the utilities prior to construction in their vicinity. The �g Contractor shall notify all concerned public agencies and utility companies in the area before beginning L3 construction, including "Sunshine" at (800) 432 - 4770." See Sheet C -2. The Applicant intends to remove all of the existing watermain and install new equipment/material. Comment No. 2: If a new connection is to be made, the City of Clearwater will provide water tap, (Clearwater Code of Ordinances Section 32.095), set the water meter (Clearwater Code of Ordinances Section 32.096) and set the B.F.P.D. (back flow preventor device). The applicant is responsible for the water main extension from the tap to the device. Applicant is also responsible for all associated fees and all other installation fees. Response No. 2: Comment acknowledged. The Applicant will be responsible for all construction aside from that of the City of Clearwater, as well as all associated fees. Comment No. 3: Show on the plan a'4-inch tap on the 10 -inch main. (3" x 10" tap is not available). Response No. 3: The tap on the existing watermain has been revised to a 4 ", as well as a 4" domestic service. See Sheet C -6. Comment No. 4: Fire Hydrant shall be connected to an unrestricted water line. Response No. 4: The fire protection layout has been revised. A separate tap to the existing watermain has been provided for the purpose of serving two (2) proposed fire hydrants onsite. There are no restrictions on this line. See Sheet C -6. Page 5 of 41 6/11/08 Comment No. 5: All fire hydrant assemblies installed greater than 10 ft. from a water main shall be constructed with ductile iron pipe and shall have a gate valve at the tee on the branch line, and at the fire hydrant assembly (F.H.A.). Response No. 5: Neither of the two (2) proposed fire hydrants onsite are greater than 10' from the watermain that serves it. See Sheet C -6. Comment No. 6: Show on the utility plan double detector check valve with bypass meter for the internal fire protection line. Response No. 6: The fire protection layout has been revised. A double detector check valve with bypass meter has been added to the internal fire protection line. See Sheet C -6. Comment No. 7: Show on the plan a double sweep clean -out for the Response No. 9: Comment acknowledged. Concurrent with Construction Plan preparation and submittal, FDC will also apply for and obtain the appropriate Right of Way Use Permit from Pinellas County. A copy of the approved permit will be provided upon receipt. Page 6 of 41 6/11/08 sanitary sewer lateral and include Clearwater Contract Specifications and Standards Detail #305, pg. 1/3 on the plans. Response No. 7: A double sweep clean out has been added to the sanitary sewer service. See Sheet C -6. City of Clearwater Detail #305 has also been added to the . Plans. See Sheet C -11. Comment No. 8: Gulf Boulevard is County Road 183, note State Road 699. Revise plans accordingly. Response No. 8: The Plans have been revised to reference Gulf Boulevard as County Road 183. Comment No. 9: Applicant shall provide a copy of an approved right -of -way permit from the Pinellas County. Response No. 9: Comment acknowledged. Concurrent with Construction Plan preparation and submittal, FDC will also apply for and obtain the appropriate Right of Way Use Permit from Pinellas County. A copy of the approved permit will be provided upon receipt. Page 6 of 41 6/11/08 0 0 Comment No. 10: Turning radii at all driveways shall be a minimum of 30 feet per City of Clearwater Contract Response No. 11: City of Clearwater Detail 4307 (Grease Interceptor) has been added to the Plans. See Sheet C -11. Prior to the issuance of a Certificate of Occupancy: Comment No. 1: Prior to fire hydrant leads and other unrestricted water lines being brought into service, contractor shall have conducted a hydrostatic pressure test in accordance with Section IV, paragraph 41.4.1. of the City of Clearwater Contract Specifications and Standards. Testing shall not be done prior to giving City Construction In_ spector a minimum 48 hours notice of the time the installation is ready for hydrostatic testing. As -built drawings shall be submitted prior to the hydrostatic test. Response No. 1: Comment acknowledged. Pressure tests shall be conducted and passed prior to issuance of the Certificate of Occupancy. As -built drawings will be provided. Comment No. 2: Applicant shall sterilize all unrestricted water lines in accordance with City of Clearwater Contract Specifications and Standards paragraphs 41.5. through 41.5.4. A bacterial test shall be conducted with satisfactory results prior to the water systems being brought into service. All such testing shall be arranged and inspected by the City's Construction Inspector. As -built drawings shall be submitted prior to the bacterial test. Page 7 of 41 6/11/08 Specifications and Standards index #108. Response No. 10: Additional call -outs have been added to the Plan to "= reference the minimum 30' radii at the entrance drive. See Sheet C -3. City of Clearwater Detail #108 has also been added to the Plans. See Sheet C -9. CM r 0 �a Comment No. 11: Provide City of Clearwater Contact Specifications CL and Standards Index #307 (Grease Interceptor). Response No. 11: City of Clearwater Detail 4307 (Grease Interceptor) has been added to the Plans. See Sheet C -11. Prior to the issuance of a Certificate of Occupancy: Comment No. 1: Prior to fire hydrant leads and other unrestricted water lines being brought into service, contractor shall have conducted a hydrostatic pressure test in accordance with Section IV, paragraph 41.4.1. of the City of Clearwater Contract Specifications and Standards. Testing shall not be done prior to giving City Construction In_ spector a minimum 48 hours notice of the time the installation is ready for hydrostatic testing. As -built drawings shall be submitted prior to the hydrostatic test. Response No. 1: Comment acknowledged. Pressure tests shall be conducted and passed prior to issuance of the Certificate of Occupancy. As -built drawings will be provided. Comment No. 2: Applicant shall sterilize all unrestricted water lines in accordance with City of Clearwater Contract Specifications and Standards paragraphs 41.5. through 41.5.4. A bacterial test shall be conducted with satisfactory results prior to the water systems being brought into service. All such testing shall be arranged and inspected by the City's Construction Inspector. As -built drawings shall be submitted prior to the bacterial test. Page 7 of 41 6/11/08 Response No. 2: Comment acknowledged. Bacteriological tests shall be conducted and passed prior to issuance of the Certificate of Occupancy. As -built drawings will be provided. Comment No. 3: Applicant shall deed or dedicate an easement over all unrestricted water lines and appurtenances proposed to be located on private property to the City of Clearwater. Response No. 3: Comment acknowledged. The Applicant shall deed or dedicate an easement over all unrestricted watermains and appurtenances located on private property to the City of Clearwater prior to issuance of the Certificate of Occupancy. Comment No. 4: Applicant shall bring all substandard sidewalks and sidewalk ramps adjacent to or a part of the project up to standard, including A.D.A. (Truncated domes per D.O.T. Index #304). Response No. 4: Comment acknowledged. The Applicant shall ensure that all sidewalks and ramps located within the proposed property and/or part of the proposed project are up to ADA standards prior to issuance of the Certificate of Occupancy. Where related to the proposed development, the sidewalk ramps have been called out as FDOT Index 304, for construction. See Sheet C -3. General Note: DRC review is a prerequisite for Building Permit Review; additional comments may be forthcoming upon submittal of a Building Permit Application. Response: Comment acknowledged. Page 8 of 41 6/11/08 Environmental: Comment No. 1: Prior to building permit, provide a copy of the approved Florida Department of Environmental Protection (FDEP) permit for construction beyond the Coastal Construction Control Line (CCCL). Prior to building permit, provide outdoor lighting specifications that will protect the sea turtle nesting beach from light pollution, according to Ord. No. 928.02. Response No. 1: Comment acknowledged. A copy of the FDEP Permit to construct beyond the CCCL will be forwarded upon receipt. Comment acknowledged. As part of the Construction Plan submittal and approval process, outdoor lighting specifications will be prepared and provided for the purpose of protecting the sea turtle nesting beach from light pollution. Fire: Comment No. 1: The south stair must enter directly to the outside. Per NFPA 101,7.7.2 50% of exists can exit through the building on level of exit discharge. The north stair exits through a vestibule that is also used as an elevator lobby and as such does not meet the criteria for NFPA 101,7.7.2.5(3). Show a door and a path of egress to a public way on the south side of building PRIOR TO CDB. Response No. 1: The south stair has been revised and now exists Page 9 of 41 6/11/08 F directly outside to the south. The north stair still exists L through a vestibule. Therefore, the 50% NFPA rule NFPA 101,7.7.2 is met. See Sheet C -3. Comment No. 2: Increase separation between FDC and Hydrant to a 0 no less than 25' and no more than 50'. Show on plan PRIOR TO CDB. Page 9 of 41 6/11/08 • • Response No. 2: Pursuant to a meeting with the City of Clearwater Fire Department on May 28, 2008, the fire department connection and fire hydrant have been relocated to along Gulf Boulevard. As requested per this comment, the distance between them is 25'. Also pursuant to the May 28th meeting, an additional fire hydrant has been provided within the same landscape island as the previously submitted Site Plan. Thus, there will be two (2) hydrants protecting the site. See Sheet C -6. Comment No. 3: Provide 30' turn radii at entrance. Show on plan PRIOR TO CDB. Response No. 3: Additional call -outs have been added to the Plan to reference the minimum 30' radii at the entrance drive. See Sheet C -3. City of Clearwater Detail #108 has also been added to the Plans. See Sheet C -9. Comment No. 4: The T -turn shown on page C -7 of 11 shows landscape islands and parts of parking spaces inside the T. When the issue of the height of the Porte - Cochere and the width of the road are taken care of for Emergency vehicles to drive through a T -turn will not be required. Show all changes PRIOR TO CDB. Response No. 4: The Fire Access Plan has been revised. At the aforementioned meeting with the City of Clearwater Fire Department on May 28th, it was explained that the project site is physically not large enough to provide a one -way circular movement for required emergency vehicles. However, a revised Fire Truck Turning Movement has been provided further into the site. The new movement will not include the use of any proposed parking spaces, sidewalks or landscape areas. See Sheet C -7. Comment No. 5: Add a fire hydrant to the south parking area as the proposed hydrant is dedicated for use by the FDC. Show on plan PRIOR TO CDB. Response No. 5: As previously discussed, pursuant to a meeting with the City of Clearwater Fire Department on May 28, Page 10 of 41 6/11/08 77 ex Pia 1 C5 0a 0 0 2008, the fire department connection and fire hydrant have been relocated to along Gulf Boulevard. Additionally, a second fire hydrant has been provided within the same landscape island as the previously submitted Site Plan. Thus, there will be two (2) hydrants protecting the site. See Sheet C -6. Comment No. 6: Porte - Cochere must be a minimum of 14' high and 1 way drive aisle must be minimum 20' wide. Show on plan page C -3 PRIOR TO CDB. Response No. 6: The proposed Porte - Cochere has been widened to 20' and raised to a vertical clearance of 14' in order to accommodate emergency, solid waste, delivery vehicles. Also, the revised Fire Truck Turning Movement has been added to the plans. See Sheets C- 3 and C -7. Comment No. 7: Fire Flow and Hydrant worksheet is incomplete. Information not provided to determine if existing waterline is capable of providing 150% capacity of fire pump. Provide PRIOR TO DRC. Response No. 7: Revised fire flow and hydrant worksheet will be submitted along with copy of fire flow test to substantiate water line has capacity to provide 150% flow of fire pump rated capacity. Comment No. 8: The proposed fire hydrant on East side of fire systems must be run off of an unrestricted line. Only the private fire line for the systems can be on the restricted line. Show on plan PRIOR TO CDB. Response No. 8: The fire protection layout has been revised. A separate tap to the existing 10" watermain has been provided for the purpose of serving two (2) proposed fire hydrants onsite. There are no restrictions on this line. See Sheet C -6. Page 11 of 41 6/11/08 Harbor Master: Comment No. 1: No issues. Response No. 1: No responses required. Legal: Comment No. 1: No issues. Response No. 1: No responses required. Land Resources: Comment No. 1: Show all trees with their canopies, on all of the civil plans prior to CDB. Response No. 1: The canopies have been added to all trees within, and adjacent to the proposed site. The canopies are pursuant to the Tree Inventory report as prepared by Westenberger Tree Service. See Sheet C -2. Comment No. 2: Show the condition rating of the trees on the spreadsheet prior to building permit. Response No. 2: The comment has been acknowledged and the tree condition rating will be added to the spreadsheet prior to the building permit submittal. Comment No. 3: The demo plan shows all of the trees are to ' be removed which is not the case. Revise prior to building permit. Response No. 3: The Existing Conditions and Demolition Plan has been revised. The trees to be removed on the Civil Plans now match the trees to be removed as delineated on the Landscape Architect Plan. See Sheet C -2. Page 12 of 41 6/11/08 i Landscaping: Comment No. 1: i Sheets C -3, C -4, C -9 and L -6.02 — Unclear why the stormwater vault has been designed as such, with the filterdrain in the interior landscape island at the southeast corner of the site. There doesn't appear to be any magic as to the size (dimensions) of the vault, such that the vault could be extended northward farther into the parking lot and the filterdrain could be within the pavement area and not within the landscape area. Based on the details on Sheet C -9, the filterdrain is at the grade of the interior landscape area, which would allow the mulch to spill over into the access grates and fill the filterdrain. Sheet L -6.02 is not coordinated with the civil plans and doesn't recognize the filterdrain at all, showing confederate jasmine planted over the access grates. Revise vault and filterdrain design to remove the filterdrain from the interior landscape island. Response No. 1: The proposed stormwater treatment vault has been reconfigured. The filterdrain has been moved from the interior landscape island and placed within the parking area. See Sheets C -3, C -4 and C -9. The revised treatment vault has also been coordinated with the Landscape Architect. Their plans have been revised accordingly. See Sheet L -6.02. Page 13 of 41 6/11/08 Comment No. 2: Remove excess sidewalk leading to the Porte - Cochere. If pedestrians are being encourage /directed to the striped pedestrian crosswalk, the north /south sidewalk is unnecessary. Removal of such sidewalk produces a larger, more cohesive interior landscape area. Revise. C= L L c' Response No. 2: The only proposed sidewalk directing pedestrians to the_ striped crosswalk is along the three (3) handicap 6 parking spaces, which allow wheelchair /ADA access C14 .. to the entrance from the handicap spaces. The area ® ,, adjacent to the proposed building and southwest of the Z Porte- Cochere will be a part of the accessible route from the building entrance to the existing side walk just outside the southern property boundary, which Page 13 of 41 6/11/08 0 connects to the existing sidewalk along Gulf Boulevard. See Sheet C -3. Comment No. 3: J In accordance 'with Section 3- 1204.D, where parking spaces abut landscape areas curbing is required (spaces 1 -23). Additionally, wheel stops are required (spaces 1 -11). Revise all appropriate sheets. Response No. 3: The plans have been revised to include curbing along the fronts of parking spaces 1 — 23, and wheel stops have been included along all parking spaces (1 — 53). See Sheet C -3. Comment No. 4: Unclear why the landscape island next to Space #1 cannot be widened to be eight -foot inside the required curbing by shifting the three parking spaces to the south. Revise. Response No. 4: Currently the space between parking space #3 and #4 is 1.4'. At the western end of the row of parking spaces #4 — #11, the landscape island width is 8.6'. The shifting of parking spaces #1, #2 and #3 to make a minimum 8' -wide landscape island would essentially eliminate parking space #4, reducing the total number of available parking spaces onsite. The 100% Cocoplum hedge adjacent to parking space #1 provides adequate screening between the space and the entrance / exit drive. Extra landscaping is located in the northern portion of this island that makes up for any deficiency in the width of the landscape island adjacent to parking space #1. See Sheet C -3. Comment No. 5: J Sheet C -3 — On the northeast side of the building next to the north property line, unclear why not all of the area is crosshatched as interior landscaping. Dashed line represents a roof overhang and has nothing to do with the ability to plant landscaping in this area. Revise. Additionally, while Sheet C -3 is counting this area as an interior landscape area, Sheet L -6.02 is not showing any landscaping within this interior landscape area. Revise. Page 14 of 41 6/11/08 CM V r2 � h T r • Response No. 5: The limits of the interior landscape area along the northeast side of the proposed building have been revised to include the area below the roof overhang. See Sheet C -3. This area has also been coordinated with the Landscape Architect. Their plans have been revised accordingly. See Sheet L -6.02. Comment No. 6: V Sheet L -6.02 — Plan has been correlated to the first floor architectural plan ( ?), not to the ground floor plan (see Sheet A- 6.02). There are doors into the elevator vestibule that conflict with proposed foundation landscaping. Revise to show ground floor architectural floor plan. Response No. 6: The sheet L -6.02 has been revised to show ground floor plan of the building. All conflicts have been addressed. Comment No. 7: Sheet L -6.02 — Foundation landscaping includes four magnolia trees. These shade trees require a planting area of a minimum of eight fee (preferably larger) and will not work well adjacent to the building. Revise to accent or palm trees that will work better in a small area adjacent to the building. Code provisions set out two accent trees = one shade tree (planted relatively close to each other) and three palms = one shade tree (clustered together). By Code, one shade tree per 40 feet of building foundation is required (total building facing the street is 160 feet; required is four shade trees, eight accent trees or 12 palms). If all trees cannot be planted in the foundation planting area, a Comprehensive Landscape Program application must be submitted detailing the changes requested and the landscape plan must show where the trees will be otherwise planted to offset the areas where minimum Code will not be met. Revise. Response No. 7: The proposed magnolia trees are of the `little gem' variety which are smaller in aspect than southern magnolias. In addition to the 4 magnolias provided on the southeast and northeast sides, 4 magnolias have been provided at the rear of the building adjacent to the Cabana Club Condos. Page 15 of 41 6/11/08 0 Comment No. 8 :4 Sheet L -6.02 — The interior landscape area west of Space #11, which is only 5.5 feet wide, is too narrow and provides an insufficient planting area for a live oak tree and a thornless honey locust tree. Revise to accent or palm trees. Response No. 8: The interior landscape area west of space 41 has been increased with the removal of previously proposed sidewalk and now has a varying, curved width with a maximum width of 9 feet. The landscape area now contains one live oak tree. Comment No. 9: Sheet L -6.02 — The planting areas /islands next to Space #1 and Space #28 are being counted as interior landscape area, but do not contain any trees as required by Section 3- 1202.E.1. Revise to show appropriate trees within these areas /islands (note: any tree[s] in the island next to Space #28 must be planted outside the visibility triangle). Revise. Response No. 9: The planting area next to parking space #28 has been revised to contain 2 sabal palms, both outside of the visibility triangle. The planting area next to space #1 is adjacent to the live oak in the triangular planting area and will be shaded over time. Comment No. 10: Sheet L -6.02 — Plant Schedule must be revised for the following: a. Indicate the caliper of shade and accent trees (minimum 2.5' for shade trees; 2" for accent trees); b. Indicate the height of AG, CI and MC at the time of planting (minimum of 18 -24 "); and c. Live oaks are specified at 16 -18' at time of planting. Experience has indicated that small trees (minimum of 10' tall and 2.5" caliper at time of planting) acclimate better to the site quicker and survive better in the longer timeframe. Page 16 of 41 6/11/08 Response No. 10: Sheet L -6.02 has been revised as requested. a. The caliper of shade and accent trees has been indicated (minimum 2.5' for shade trees; 2" for accent trees); b. The height of AG, Cl and MC at the time of planting has been indicated (minimum of 18 -24 "); and c. Live oaks have been specified at 10 -12' at time of planting. Comment No. 11: V Sheet C -3 — Dimension the width of the interior landscape area west of Space #12 (adjacent to the building). Response No. 11: Due to the relocation of the loading area, the parking space numbering has been revised. The landscape island referenced is now adjacent to parking space #53. The island has been dimensioned and also includes the 5' concrete accessible path. See Sheet C -3. Comment No. 12: Sheet L -6.02 — Unclear why the triangular area behind (to the 'rear of) the building on the northwest corner adjacent to the Cabana Club Condos is not being landscaped. Revise. Response No. 12: The triangular area in the northwest corner adjacent to the Cabana Club Condos has been revised to include landscaping on sheet L =6.02. Comment No. 13: J Sheets C -4 and C -6 — Need to coordinate location of stormwater lines and utility lines with proposed trees (see Sheet L -6.02) to ensure trees can be planted (due to depth of stormwater, water and sewer lines) and that the tree roots will not create future issues with these lines. Page 17 of 41 6/11/08 a Response No. 13: Pursuant to numerous review comments included and addressed herein, the stormwater and utility systems have been revised. The layouts have been coordinated with the Landscape Architect, who have also revised Ntheir plans accordingly. See Sheets C -3, C -6 and 5 L m L -6.02. Page 17 of 41 6/11/08 0 1 Comment No.. 14: f Sheet L -6.02 — Per Section 3- 1204.13, all landscaped areas must be covered with shrubs and groundcover must have three inches of organic mulch. Revise Details #3 and #5. Response No. 14: Planting details have been renamed Sheet L -6.04 and revised to specify 3 inches of organic much in details #3 and #5. Comment No. 15: f Sheet L -6.04 — Irrigation notes must include the source of irrigation water, must be an automatic system, must provide 100. percent coverage to all landscaped areas and must have a rain sensor /shutoff device (see Section 3- 1202.C). Response No. 15: Irrigation service will be provided by a separate tap and meter off of the proposed domestic service line. The irrigation tap will be located before the domestic meter in the landscape buffer area adjacent to CR 183. See Sheet C -6. The irrigation notes are now located on sheet L -6.05 and have been revised to require 100 percent coverage, an automatic system, and a rain sensor /shutoff device. Comment No. 16: J Responses to the Comprehensive Landscape Program criteria — Must provide justification that the landscaping associated with this application must exceed minimum Code requirements to offset the areas where minimum Code will not be met. a. Architectural Theme — Revised the requested front buffer stated from 10 feet to 15 feet, as the minimum buffer along Gulf Blvd is 15 feet. The fact that the existing improvements were constructed prior to the adoption of this Code, and the fact that the 2002 FLD. application provided for the re- establishment of the restaurant within the existing building using the existing parking facilities, are facts only. The additional fact is that the application seeks to demolish the primary structure to which the parking is accessory to. Sections 3- 1202.A.3 and 3- 1401.B.3 require parking. lots to be brought into full compliance with Code provisions when certain improvement thresholds Page 18 of 41 6/11/08 0 0 are crossed, which this proposal so crosses. The application has not yet justified the re- establishment of a zero -foot setback for the building, as the existing building is being demolished, nor has it justified the reduction to the required buffers along the east, north and south (except for the common driveway). Unclear how compliance with landscape buffers would create an "incompatible design" between the two properties. Application has not justified the reduction to the interior landscape island width, as it only is being requested for the one landscape island and the site can be redesigned so the requirement can be met. The submitted plan provides the required number of trees, but because of the requested zero -foot buffer along the north, the trees have been planted in excess in other locations of the site to make up for the inability to plant within the required buffers. b. Community Character — Unclear of what is meant by "high quality', as all plants must be Florida Grade #1. Response No. 16: a. The landscape buffers in several areas have been increased along several boundaries of the site. The south buffer has been increased to 10 feet adjacent to the publicly accessible ADA route. To the north, a 4 foot landscape buffer has been provided for foundation planting along the building. Page 19 of 41 Exhibit A to the Comprehensive Landscape Program has been revised with regard to the required buffer width and additional justification has been provided for the reduction in the required buffers along the north and east sides of the project. The buffer along the south side of the site has been revised to be 10 feet in width; therefore, no deviation to this south buffer is required. b. Community character — "high quality" refers to the aesthetic character of the landscaping. All plant materials are specified as Florida Grade #1 on sheets L -6.02 and L -6.03. 6/11/08 2:. 1.� �A 2 , C= - < Q �q 0 2"0 0 0 are crossed, which this proposal so crosses. The application has not yet justified the re- establishment of a zero -foot setback for the building, as the existing building is being demolished, nor has it justified the reduction to the required buffers along the east, north and south (except for the common driveway). Unclear how compliance with landscape buffers would create an "incompatible design" between the two properties. Application has not justified the reduction to the interior landscape island width, as it only is being requested for the one landscape island and the site can be redesigned so the requirement can be met. The submitted plan provides the required number of trees, but because of the requested zero -foot buffer along the north, the trees have been planted in excess in other locations of the site to make up for the inability to plant within the required buffers. b. Community Character — Unclear of what is meant by "high quality', as all plants must be Florida Grade #1. Response No. 16: a. The landscape buffers in several areas have been increased along several boundaries of the site. The south buffer has been increased to 10 feet adjacent to the publicly accessible ADA route. To the north, a 4 foot landscape buffer has been provided for foundation planting along the building. Page 19 of 41 Exhibit A to the Comprehensive Landscape Program has been revised with regard to the required buffer width and additional justification has been provided for the reduction in the required buffers along the north and east sides of the project. The buffer along the south side of the site has been revised to be 10 feet in width; therefore, no deviation to this south buffer is required. b. Community character — "high quality" refers to the aesthetic character of the landscaping. All plant materials are specified as Florida Grade #1 on sheets L -6.02 and L -6.03. 6/11/08 • s Comment No. 17: Sheet L -6.02 — Section 3- 1202.E.1 requires interior landscape areas to have shrubs in 50% of the area and groundcover otherwise in lieu of turf. Many of the interior landscape areas only have groundcovers (no shrubs). Revise. Response No. 17: Interior landscape areas have been revised to include an average minimum of 50% shrubs. 100% shrubs have been provided adjacent to the loading area for additional screening. Parks and Recreation: Comment No. 1: The Public Art and Design Impact Fee is due and payable on this project prior to issuance of building permit. This fee could be substantial and it is recommended that you contact Chris Hubbard at 727 -562 -4837 to calculate the assessment. Response No. 1: Comment acknowledged. The Applicant will contact Mr. Hubbard and the fee will be paid prior to the issuance of the Building Permit. Comment No. 2: Open space /recreation impact fees are due prior to the issuance of building permits or final plat (if applicable) whichever occurs first. These fees could be substantial and it is recommended that you contact Art Kader at 727 -562 -4824 to calculate the assessment. Response No. 2: Comment acknowledged. The Applicant has already contacted Mr. Kader and received an assessment regarding these impact fees. The fee will be paid prior to the issuance of the Building Permit or Final Plat (whichever comes first). Page 20 of 41 6/11/08 0 0 Stormwater• Comment No. 1: The following shall be addressed at Building Permit Application. 1. Provide a copy of the approved SWFWIVID permit. 2. Provide a copy of the approved permit from Pinellas County to tie into their drainage system for Gulf Boulevard (C.R. 183).. 3. Provide a specification supporting the permeability rate K in the drawdown analysis. 4. Show how the roof runoff will be directed to the proposed vault. 5. Include in the drainage report the maintenance plan for the on -site stormwater facility. 6. Provide the design elevations of all storm structures in feet, not in Lat + Long format. 7. Show pipe sizes, slopes, and type of pipe material is to be used. 8. Identify all storm structures depicted on the plan and provide a detail for each type of structure to be used. Response No. 1: Comment acknowledged. At the . time of the Construction Plan design and submittal, all of the above requested information will be provided. General Note: Comment No. 1: DRC review is a prerequisite for Building Permit Review; additional comments may be forthcoming upon submittal of a Building Permit Application. Response No. 1: Comment acknowledged. r' Solid Waste: Comment No. 1: How will solid waste and recycling be handled. Will need staging area for Dumpsters. an Page 21 of 41 6/11/08 0 0 Response No. 1: Solid waste will be removed from the site via "rollout" dumpster. The solid waste collection area has been relocated and indicated on the proposed plans. Additionally, the route via the Porte- Cochere has been widened (to 20') and raised (to 14' clearance) in order to accommodate a garbage truck. See Sheet C -3. Traffic Engineering: Comment No. 1: 1. Provide an accessible path from a building's accessible entrance to a public sidewalk compliance with Florida Accessibility Code for Building Construction Chapter 11, Section 11- 4.3.2. 2. On the handicapped parking sign detail change the Florida Statute number to read" "F.S. 318.18 ". 3. Provide wheel stops where parking stalls abut a sidewalk to prevent a parked vehicle from over hanging into the pedestrian walkway. The above to be addressed prior to a Community Development Board (CDB) hearing. Response No. 1: 1. An accessible path has been provided, running southwest / south from the proposed Porte - Cochere to the existing sidewalk located just outside of the southern property boundary, which connects to the existing sidewalk located along Gulf Boulevard. See Sheet C -3. 2. The handicap parking sign has been revised to read "F.S.318.18 ". See Handicap Sign Detail on Sheet C -8.. 3. Wheel stops have been provided for all of the proposed parking spaces (1 — 53). See Sheet C -3. Page 22 of 41 6/11/08 General Note(s): Comment No. 1: Applicant shall comply with the current Transportation Impact Fee Ordinance and fee schedule and paid prior to a Certificate of Occupancy (C.O.). Response No. 1: Comment acknowledged. The Transportation Impact Fee will be paid prior to issuance of the Certificate of Occupancy. Comment No. 2: DRC review is a prerequisite for Building Permit Review; additional comments may be forthcoming upon submittal of a Building Permit Application. Response No. 2: Comment acknowledged. Planning: Comment No. 1: Sheet C -3 — A loading space is required for this proposal. The loading space provided does not meet the Code requirements for length (35 feet) and is located under the building where there is insufficient height clearance (14 feet). Relocate to meet Code requirements. Page 23 of 41 6/11/08 Response No. 1: The proposed loading area (12' x 35') has been relocated from its previous location under the proposed pool deck area to along the southern property boundary; the revised location is indicated on the proposed plans. Additionally, the route via the Porte - Cochere has been widened (to 20') and raised (to 14' clearance) in order to accommodate the delivery vehicles. See Sheet C -3. LU E "d Comment No. 2: Sheets C3, L -6.02 and A -6.06 — Show the location 4 Hof.= s and setback for any proposed freestanding signage. M .--i g•, 9 No freestanding sign design is required to be submitted at this time. On the building elevation(s), 0 show the location of any proposed attached signage - • . (i.e.: "sign"). Nospecific design of attached si na e %a is required to be submitted at this time. Purpose to show such at this time is to ensure proper location Page 23 of 41 6/11/08 0 0 with regard to other structures and landscaping. Specific signage designs and details will be required later for permitting prior to construction. Response No. 2: A callout has been added to the Site Plan stating "Proposed sign by others ". See Sheet C -3. Any proposed sign will be applied for at a later date, under separate cover. Comment No. 3: Sheet C -1— Land Use Data — a. Need to indicate the property has Open Space/Recreation District (and possibly Preservation District) and Preservation land use in addition to the Commercial District and CG land use; b. Need to indicate the square footage and acreage of that portion zoned OS/R District (an possibly P District); C. Calculation for Density needs to be based on only that area zoned Commercial District (east of CCCL); and d. Calculation for ISR needs to identify that which is zoned Commercial District and that which is zoned OS/R, since there are different maximums. Response No. 3: a. The Land Use Data Table has been revised to indicate the existence of OS/R and P Zoning Districts in addition to the C Zoning District. See Sheet C -1. b. The Land Use Data Table has been revised to include the square footage and acreage of each Zoning District (C, OS/R, P). See Sheet C -l. C. The number of allowable units is based on the area east of the CCCL which is the C Zoning District. See Land Use Data on Sheet C -1. d. The Land Use Data Table has been revised to include the ISR calculation for each Zoning District (C, OS/R, P). See Sheet C -1. Comment No. 4: Unclear where trash will be picked up by the solid waste truck. A dumpster enclosure ( ?) is shown under the building. No trash staging area is shown on the plans. Show location of the trash staging area (which does not conflict with site vehicular maneuvering and provides necessary truck access). Page 24 of 41 6/11/08 Response No. 4: Solid waste will be removed from the site via "rollout" dumpster. The solid waste collection area has been relocated and indicated on the proposed plans. Additionally, the route via the Porte - Cochere has been widened (to 20') and raised (to 14' clearance) in order to accommodate a garbage truck. See Sheet C -3. Comment N There is a disconnect between the civil plans and the landscape /architectural plans. The landscape /architectural plans show a raised /elevated cabana structure west of the CCCL (approximately 6.5 feet above grade) with brick walls. The civil plans fail to show such structure. The Description of Request in Exhibit B to the application barely discussed such. As such: Page 25 of 41 6/11/08 a. The civil plans need to show any structures, whether raised /elevated or at grade, with the distance /dimensions of such structure from the CCCL; b. The amount of impervious surface west of the CCCL (area zoned OS/R) must be indicated on Sheet C -1, along with dimensions indicating the "setbacks (other structures)" west /seaward of the CCCL in the Land Use Data; C. It is unclear how such raised /elevated structure complies with FEMA requirements for structures within a V -Zone allowing wave action to flow under the building, as the raised /elevated structure is shown with fill material. Any walls must breakaway to allow wave action. Fill goes against such requirement (based on discussions with our Building Official). Structure is also close LU k,tj to the existing seawall and will need variances to the Building Code requirement for seawall setbacks (18 c feet required). - Li 9 Staff is not supportive of such raised/elevated 0 U- structure. /� Page 25 of 41 6/11/08 0 0 Response No. 5: The civil, architect, and landscape architect plans have all been coordinated regarding the proposed cabana structures located seaward of the CCCL. The proposed cabanas will be set essentially to existing grade. There will be no proposed impervious surfaces. The cabanas will be temporary structures for providing shade for guests. Therefore, there are no impacts to the V -Zone or seawall setbacks. Dimensions from the CCCL to the farthest corner of the proposed cabana structures have been added to the civil plans. See Sheet C -3. Comment No o Need to provide documentation that the existing (commercial) boat slip being used by the Belleview Biltmore to transport hotel guests between this site and the main hotel in the City of Belleair was legally established, meeting all City Code provisions at the time of establishment, as it is apparently located at -'a multi -use dock associated with a residential use, where the upland is zoned High Density Residential (HDR) District. Response No. 6: We have researched the history of the boat dock located at the Harbour Condominium through the use of historic aerial photographs. The source of the historic aerial photographs is Pinellas County and we have overlaid the current property lines on all aerial photographs for comparative purposes. The results of our research are as follows. The 1957 aerial photograph does not show a dock nor any development in the area. The 1965 aerial photograph shows a dock in the current location as well as a building and horseshoe- shaped cabanas on the Cabana Club site. From the data available from the Belieview Biltmore archives, the Cabana Club site was owned by the Biltmore Hotel owner and these improvements as well as the dock were built for the enjoyment of guests of the Biltmore Hotel. To show the continuation of the dock and Cabana Club development over time, we have printed aerial Page 26 of 41 6/11/08 photographs for the years 1965, 1975, 1980, 1984, 1990, 1994, 2000 and 2007. Based on this information, it is confirmed that the dock was first constructed between 1957 and 1965 and has been in existence ever since. (Note: there are no additional Pinellas County aerial photographs between the years 1957 and 1965 to further define the year of construction.) Sand Key was annexed into the City of Clearwater in 1963 and due to the lack of more specific data, it cannot be determined if the dock was under the jurisdiction of the City at the time of its construction. We also conducted research at the Pinellas County Water and Navigation Authority office on the dock. However, their records do not have any more detailed information on the construction of the dock. We have included a copy of the aerial photographs for your review and the project file. Comment No. 7: i/ Exhibit B, Section B, Description of Request — Needs to include a request to have structures located at "x" distance seaward of the CCCL (plans need to provide a dimension for such). Response No. 7: Exhibit B, Description of Request, has been revised to identify the distance that structures are located seaward of the CCCL and the distance is shown on the civil site plan. Page 27 of 41 6/11/08 Comment No. 8: V The Staff Report for the 2002 FLD application to reopen the restaurant stated "The site is irregularly shaped, having previously been part of the Cabana Club residential property to the north as its clubhouse and "members only" restaurant for the c. a condominiums, built in the early 19801. This parcel in the 1990's, V J was conveyed separately early �tr litigated and determined to be a legal parcel, and 77 has been operated as a public restaurant until 1998 when it closed." The current restaurant structure was previously constructed adjacent to /touching the Cabana Club condominiums at a zero -foot side (north) setback and at a 2.9 -foot rear (west) setback Page 27 of 41 6/11/08 0 0 (north side of the site). Until a few years ago, the fire suppression system was linked to the condominiums (physically separated only a few years ago). The 2002 FLD application recognized the -existing zero -foot side (north) setback and the 3.5 -foot rear (west) setback (north side of the site) conditions to the Cabana Club condominiums. However, the submitted application includes the complete demolition of the existing restaurant building. The proposal is to construct a new building at a zero - foot side (north) setback and a 3.5 -foot rear (west) setback (north side of the site) to the adjacent residential condominium project. Insufficient documentation has been submitted justifying why the site .cannot be developed /redeveloped meeting the required 10 -foot side (north) setback and a 20- foot rear (west) setback (north side of the site) and how much development /redevelopment is otherwise impractical without such deviation (see Response to Comprehensive Infill Redevelopment Project criteria #1). Additionally, the same justification is necessary for the reduction to the south side setback from 10 feet to five feet, especially for the building, as it is a vertical structure (different than a horizontal structure such as parking). It is unclear why a project cannot be designed to meet the 10 -foot side setback (north and south) and the 20 -foot rear (west) setback (north side of the site) requirements. Response No. 8: Exhibit B, Responses to Flexible Development Application, has been revised to add more clarity and detail as to why the project is not practical without the requested deviations. Please note that this Exhibit B and all plans have been revised to eliminate the flexibility request for the south property line setback and this 10' setback along the south property line for both structure and parking are now being met. Comment No. 9: 4 Note: Minimum length of parking spaces is 18 feet. May reduce parking stall length to this dimension. Page 28 of 41 6/11/08 Response No. 9: All proposed parking spaces have been reduced to a length of 18'. See Sheet C -3. Comment No. 10: J Since all required handicap parking spaces are located outside of the parking garage, the vertical clearance of 8' -2" in the parking garage for parking spaces is not required. Response No. 10: J The building height is driven by the depth of the pool structure and flood elevation level, therefore the 8' -2" vertical clearance may be maintained. Also for the purpose of allowing adequate clearance for all standard non - commercial vehicles, see Sheet C -3. Comment No. 11: J Sheets C -3, C -4, C -6, C -7, L -6.02 and A -6.02 — Show the sidewalk (and egress door) from the southern stairwell to the public access /ADA accessible path sidewalk on the adjacent property. Additionally, on Sheets L -6.02 and A -6.02 show the sidewalk connector to the public access /ADA accessible path sidewalk on the adjacent property to the west of Space #12. Response No. 11: V The accessible path has been revised. The route now runs along the proposed building frontage, southwest and south from the entrance and Porte - Cochere. The route then runs across the entrance to the covered parking area under the building to the sidewalk connector leading to the existing public access /ADA accessible path sidewalk. The southern stairwell egress leads to a connector southward to the existing public access /ADA accessible path sidewalk located just outside of the southern property line. See Sheets C -3 and sheet L -6.02. Page 29 of 41 6/11/08 Comment No. 12: Need to provide written justification that the proposed 125 -seat restaurant and health spa are t 3 � actually accessory to the 38 -room proposed hotel. " o.) ,L Response No. 12: First, it should be clarified that there is no "health spa" C= = in this facility but rather a small exercise room is - provided for the guests of the hotel. Second, Exhibit Page 29 of 41 6/11/08 0 0 B, Responses to Flexible Development Application, has been revised to confirm that the restaurant and exercise room are accessory to the hotel. Comment No. 13: y Site is located within a Velocity flood zone. Based on the architectural plans, it appears that the pool will be at the first floor elevation, with the pool sunk below this first floor and not elevated above the first floor. Plans are unclear if the bottom of the, swimming pool is above the BFE for the Velocity flood zone. If below the BFE for the velocity flood zone, it would appear to conflict with FEMA requirements allowing flow- through wave action under the structure, and may compromise the hotel structurally. Advise /revise. V Response No. 13: The underside of the pool structure is above the BFE level in accordance with FEMA requirements. Comment No. 14: J Sheet C -4 — Emergency stormwater outflow is blocked by proposed raised /elevated cabana area, which is not shown on the civil plans (see landscape and architectural plans). Revise. Response No. 14: The stormwater system was been revised and there is no longer an emergency stormwater outflow to the west. The outfall from the proposed stormwater treatment vault will be to the east, directly connecting to an existing curb inlet located along Gulf Boulevard. See Sheet C -4. Comment No. 15: V Civil and architectural plans — Unclear why a sidewalk is proposed on the northwest side (rear) of the building (going to the Cabana Club Condos). This sidewalk does not go to any door for the hotel/restaurant. Remove. Response No. 15: The side walk was an existing side walk and _ it has been removed in current drawings. Comment No 16: Per Section 3 -911, all electric and communication lines on -site must be placed underground. Page 30 of 41 6/11/08 'Z cm .. �X C� • Response No. 16: Comment acknowledged. Comment No. 5 Show the location of any outdoor electric meters and boxes on the building. By Electric Code, these must be located above BFE. Show any platforms providing ability of Progress Energy employees-to read the meters. Prior to the issuance of the Certificate of Occupancy, all such outdoor boxes and other equipment on the building must be painted the same color as the building. Response No. 17: All required information regarding electric meters and boxes will be provided at permit application date. All such outdoor boxes and other equipment will comply with the electrical codes. Comment No. 18: J Sheets C -3, L -6.02, A -6.02, A -6.03, A -6.05 and A- 6.06 — Plans indicate either through dashed lines or through actual roof plan/elevation (Sheets A -6.05 and A -6.06) the proposed roof extending off -site onto the Cabana Club Condo property in two locations. One is along the north property line west of the shared entrance driveway and the second is on the west side close to the CCCL. Existing building roof overhang may be in similar location, but is nonconformity. Existing building is being demolished. Remove encroaching roof overhang from adjacent property and redesign building (all sheets). I Response No. 18: The building has been reduced in size in order not to have any overhangs extending into adjacent properties, refer to sheets A -6.02, A -6.03 and A -6.05. Comment No 19: There are two existing, metal stairs that appear to lead from the existing restaurant building that are unclear whether they are being removed. The first is at the northwest corner of the restaurant building that attaches to a metal deck (close to the CCCL) and goes onto the Cabana Club Condo property. The second is at the corner of the existing restaurant building and the Cabana Club Condo Page 31 of 41 6/11/08 0 0 building and is along the northwest rear property line with a dimension of 56.96'. Remove both stairs and metal deck next to CCCL. Response No. 19: The existing metal stairs will be removed. Comment No. 20:4 Sheet C -1 — General Note #15 — Responsibility to roll out dumpster on trash day is by the "condominium" maintenance personnel. What "condominium "? Response No. 20: General Note #15 has been revised to reference "hotel" personnel instead of "condominium" personnel. See Sheet C -1. Comment No. 21:d Survey and civil plans indicate the proposed building will be located within and must meet the BFE of 14 feet (see Survey and Sheet C -1). However, the elevations on Sheets A -6.06, A -6.07 and A -6.08 indicate the flood elevation at 15, which reduces the building height by one foot. Advise as to why this was done (meeting a certain code ?) or revise where the height is measured from, revised the height to 66' -7" on the elevations, revise the site data on Sheet C -1 and revise all written material, including request. Response No. 21: Elevations discrepancy has been corrected. Comment No. 224 Sheets A -6.06, A -6.07 and A -6.08 — Revise the scale of the drawings in the bottom right corner of each sheet from 1/32" =1' -0" to 3/32" = 1' -0 ". Response No. 22: Scale has been changed on requested sheets. Comment No. 23: Sheets C -3, C -4 and C -6 — Civil plans are not coordinated with the landscape and architectural plans for the foundation landscape area around the Porte - Cochere area. Revise to show the foundation landscape area. Dimension the width (distance from the building; must be a minimum of five feet in width). Also revise Sheets L -6.02 and A -6.02 to Page 32 of 41 6/11/08 0 0 show door openings and actual planting areas versus concrete sidewalk (coordinate all plans). Response No. 23: The areas on either side of the Porte - Cochere have been revised to show the limits of the proposed concrete walkways and the limits of the proposed landscape areas. See Sheets C -3, C -4 and C -6. The civil plans have been coordinated with the landscape plans and the architectural plans. See Sheets L -6.02 and A -6.02. Comment No. 24: v Sheets A -6.06 and A -6.07 — Indicate the width of the building overhang on the north and south sides of the hotel building. Response No. 24: Building overhangs width is provided on the above listed sheets where requested. Comment No. 25: V Sheet A -6.08 — North Elevation — Show what the eastern, lower portion of the building that is not covered by the Cabana Club Condos will look like. Response No. 25: The eastern lower portion of the building is now shown on sheet A -6.08. Comment No. 26: 4rovide documentation that the square footage of openings on the south side of the building, at a setback of five feet, meets the Building Code maximum allowable percentages. Response No. 26: The south setback has been increased to the required ten feet. Comment No. 27: Exhibit B to the application — Revise the request to that indicated by Staff (and as modified by the Z , redesign of any site/building components based on LU F the DRC comments). a Response No. 27: Exhibit B has been revised to be consistent with the ,.� revised site plans. Page 33 of 41 6/11/08 0 0 Comment No 28: Potential condition of approval: That prior to issuance of permits for any proposed structures west of the Coastal Construction Control Line (CCCL), the applicant submit a copy of the Florida Department of Environment Protection approval for that construction west. of the CCCL; Response No. 28: Condition acknowledged. A copy of the FDEP Permit to construct beyond the CCCL will be forwarded upon receipt. Comment No. 294 History of Site — Second Paragraph — The 2002 CDB approval was not for the renovation of the site for a restaurant and pool, but was for the re- establishment of a restaurant at this location, as there had been a restaurant and pool on the site, but had been closed since 1998. This written material tends to indicate the site has been operated as an amenity for the Belleview Biltmore Hotel guests, however, the restaurant is open to the public also and not solely for the Belleview Biltmore Hotel guests. Revise how this is stated. Response No. 29: Exhibit B, History of Site, has been revised to respond to this comment and to note that the restaurant is open to both Belleview Biltmore guests as well as the general public. Comment N . s Potential condition of approval: That all applicable requirements of Chapter 39 of the Building Code be met related to seawall setbacks; Response No. 30: Condition acknowledged.. All applicable requirements of Chapter 39 of the Building Code will be met regarding seawall setbacks. Comment No 31: History of Site — The written material appears to indicate that the Belleview Biltmore Cabana Club will operate essentially as an annex to the main Page 34 of 41 6/11/08 hotel in the City of Belleair, including the provision of transportation of guests between the main hotel and this site. In the event the Belleview Biltmore Cabana Club performs poorly and Mason Legg desires to sell this site to a different owner /operation, how will this site operate differently and are there any anticipated parking issues? Response No. 31: The Cabana Club will be marketed and operated by the same hotel operator as the Belleview Biltmore Hotel in Belleair. Legg Mason does not anticipate that the two hotels will be sold to different operators since the beach location provides a very attractive amenity for the main hotel site. If such a sale should occur, although not anticipated, the Cabana Club contains all of the ancillary support facilities necessary to operate a hotel, therefore, we do not anticipate any operational difficulties if the properties should be separated. It should be noted that the Cabana Club exceeds the City's parking requirements for a hotel of this size. In addition, if needed during a peak period, the hotel operator can increase the available parking on site through a valet operation. It should also be noted that guests of the Cabana Club will arrive and check -in at the Cabana Club site itself, not at the Belleview Biltmore Hotel site. Boat and van transportation will be provided between the two hotels for Biltmore guests coming to the beach or for guests of either hotel traveling to the other hotel for dinner. ✓Re Page 35 of 41 6/11/08 Comment No. 32: sponse to General Applicability criteria #1 — It should be noted that this property is zoned Commercial District, surrounded by properties zoned High Density Residential (HDR) District. As the majority of Sand Key was developed in the 1980's and 1990's, the heights of many of the a r� residential projects on Sand Key exceed current ' h � <n L. v �` - P-+n regulations. In fact, recently constructed its 0 � residential buildings on Sand Key were limited to f 80 feet in height (1350 and 1370 Gulf Blvd). While the character of this building will be different (hotel versus residential), and the height has been discussed, need to also discuss how this proposal is Page 35 of 41 6/11/08 0 0 in harmony with the scale, bulk, coverage and character (generally) of adjacent properties, not Sand Key in general. Response No. 32: Exhibit B, Responses to Flexible Development Application, has been revised to provide more clarity and detail as to how the project is in harmony with the adjacent properties. Comment No. <% Response to General Applicability criteria #2 — a. It is unclear how the architecture of this proposal, if such that it reflects that of the historic Belleview Biltmore Hotel in the City of Belleair, has any bearing on this location, as this site is not part of, or adjacent to, the main hotel in the City of Belleair where such comparison would be readily noted; b. Response needs to discuss HOW the adjacent land and buildings are developed (residentially) and HOW this proposal will not hinder or discourage this existing or future development potential; and C. Need to discuss HOW construction of this proposal will substantially increase the surrounding property values. Response No. 33: Exhibit B, Responses to Flexible Development Application, has been revised to respond to these comments. Comment No. 34: J Response to General Applicability criteria #3 — This site is approximately 9 /10's of a mile from the retail and hotel area north on Sand Key. This section of Sand Key is not resort in nature, but residential. If deemed to be legally established, need to discuss how guests that are transported to and from the site by boat will safely get to and from this hotel crossing Gulf Blvd. Response No. 34: Exhibit B, Responses to Flexible Development Application, has been revised to respond to these comments. Page 36 of 41 6/11/08 Comment No. 35: Response to General Applicability criteria #5 — This site is approximately 9 /10s of a mile from the retail and hotel area north on Sand Key. This section of Sand Key is not resort in nature, but residential. Need to discuss HOW this proposal is consistent with the character of the immediate vicinity. Much of the applicant's narrative and responses to criteria discuss how this hotel is to provide a beach experience for the guests to the Belleview Biltmore Hotel in the City of Belleair. It is unclear how this desire to construct in essence an "annex" to the main hotel would "help reinvigorate the City's tourism industry and replace hotel rooms recently lost through residential conversions" (which occurred on Clearwater Beach), especially in this location of Sand Key. Recent City Council decision to not intensify hotel development through increased densities are not available to this property. Need to discuss HOW this proposed hotel is consistent with the community character of the immediate vicinity. Response No. 35: Exhibit B, Responses to Flexible Development Application, has been revised to respond to these comments. Page 37 of 41 6/11/08 Comment No. 36: J Response to General Applicability criteria #6 — a. Based on DRC comments regarding the proposed location of the loading space, may need to revise comments regarding such; b. Need to discuss, and potentially provide any visual material necessary (aerials, perspective drawings, photographs, etc), HOW the visual effects on the adjacent properties (Cabana Club condos, Dan's Island, The Harbor and The Harborage) will be minimized by this proposal, including looking at orientation of units ET F `,.,, a m; (windows/balconies); an t- C-4 & *,� C. Need to discuss the hours of operation of the tp F,41 j.�� C5 ' o hotel and restaurant. :�J € ' 0 Response No. 36: Exhibit B, Responses to Flexible Development Application, has been revised to respond to these `�- comments. Page 37 of 41 6/11/08 0 0 Comment No. 37: J Response to Comprehensive Infill Redevelopment Project criteria #1- a. The 2002 FLD case recognized the existing conditions of where the building and parking areas were located to re- establish a restaurant at this location. See other Planning comment related to this criteria for what must be discussed in this response; b. Response needs to discuss in detail HOW the redevelopment of this, parcel is otherwise impractical without the reductions and increases requested, discussing ALL of the reductions and increases. Response No. 37: Exhibit B, Responses to Flexible Development Application, has been revised to respond to these comments. Comment No. 38: Response to Comprehensive Infill Redevelopment Project criteria #2 — Based on recent City Council decisions regarding increased hotel densities, may want to revise Paragraph 2 discussion. Response No. 38:� Exhibit B, Responses to Flexible Development Application, has been revised to eliminate the references to the increased hotel densities, since the increased densities do not apply to this site. Comment No. 39: J Response to Comprehensive Infill Redevelopment Project criteria #3 — Provide a response to the criteria (even if it means copying portions of the response to other criteria). Response No. 39: Exhibit B, Responses to Flexible Development Application, has been revised to respond to these comments. Comment No. 40: v Response to Comprehensive Infill Redevelopment Project criteria #5 — Need to address HOW this proposal is compatible with the adjacent land uses and HOW the-proposal will not substantially alter Page 38 of 41 6/11/08 O 7-04 LM w 0 0 0 the essential use characteristics of the neighborhood. Response No. 40: Exhibit B, Responses to Flexible Development Application, has been revised to respond to these comments. Comment No. 41: V Response to Comprehensive Infill Redevelopment Project criteria #6 — a. Need to discuss HOW the flexibility requested with regard to setbacks, lot width and height are justified in relation to criteria "a "' . c. Need to discuss HOW the flexibility requested with regard to setbacks and lot width are justified in relation to criteria "c "; d. Second Paragraph — Unclear how the recessed balconies constitute a "building stepback ", as the front of the balconies are at the same location as the second floor and the front (east) and rear (west) of the building read in one plane; - This response should also discuss how the hotel portion has been moved to the "center" of the property away from the Cabana Club condos; - Greater discussion could be provided about the proposed colors of the building, use of shutters, type /design of the railings, use of dormers on the roof, etc.; and e. See other Planning comments regarding the proposed setbacks, especially on the north (zero feet to building) and south (five feet to building), and how this eliminates or reduces the buffers required by Code. Response needs to provide adequate justification for such reductions requested. Unclear why required setbacks on the north and south cannot be met. Response No. 41: Exhibit B, Responses to Flexible Development Application, has been revised to respond to these comments. Page 39 of 41 6/11/08 Comment No. 42: J The reduced colored copy (8.5" x 11 ") of the birds' eye view of the site is not the same as that indicated on Sheet A -6.05 for the hotel lobby area (stairs and roof line), the mansard roof is diminished in scale and the main roof for the hotel is different. Revise. The reduced colored copy (8.5" x 11 ") of the east elevation does not depict the same roof line as that indicated on Sheet A6.06. Revise. Response No. 42: Nether of our two color perspective renderings should be referred to as a 'Birds Eye Views." Both the front and rear renderings are taken from just slightly above normal eye level. Accordingly, you are looking up at the buildings, which may give the impression that the hotel roof is different from the elevation sheet A -6.06. The roofs are exactly the same, however, perspective causes the closer roof element, the gable, to rise up and the elements further away, the ridge, to fall back. Thus the ridge and the gable do not appear to align in the perspective, even though they align in elevation. The mansard roof at the entrance is not diminished in scale and is identical to the elevation Sheet 6.06. Comment N 1. 43: There exists a "Perpetual Public Easement Area for Pedestrian Passage" that the raised /elevated cabana area blocks. Unclear how the purpose of this easement is not being extinguished. Advise. Response No. 43: See enclosed copy of the recorded Perpetual Public Easement Area for Pedestrian Passage (O.R. Book 6848, Page 1259). The Applicant proposed to grade the area between the CCCL and the seawall to approximate elevation 7.0'. Existing grades in this area vary between elevation 5.4' to elevation 8.4', and can vary due to the sandy terrain and coastal breezes. The proposed cabana -style amenities will be a "breakaway - style" structure as it is located in a velocity zone. Therefore, there will be no impacts to the existing Perpetual Public Easement Area for Pedestrian Passage. See Sheets C -3 and C -4. Page 40 of 41 6/11/08 10 - 0 0 Comment No-_(44D As there have been many emails and letters of support and opposition (mostly) submitted to -date (which you have copies of), need to consider and respond to applicable concerns raised through redesigned plans, revised written material and any other appropriate materials. Response No. 44: Comment acknowledged. We have had numerous meetings with adjacent property owners, Sand Key residents and the Sand Key Civic Association both prior to and subsequent to submittal of the site plan to the City. In addition, we have offered to meet again with all interested parties and are waiting for confirmation from the residents' attorney that they will meet with the Cabana Club team. Other: No Comments. Page 41 of 41 6/11/08 cm ¢C¢ty iL$ fL o - 0 0 Comment No-_(44D As there have been many emails and letters of support and opposition (mostly) submitted to -date (which you have copies of), need to consider and respond to applicable concerns raised through redesigned plans, revised written material and any other appropriate materials. Response No. 44: Comment acknowledged. We have had numerous meetings with adjacent property owners, Sand Key residents and the Sand Key Civic Association both prior to and subsequent to submittal of the site plan to the City. In addition, we have offered to meet again with all interested parties and are waiting for confirmation from the residents' attorney that they will meet with the Cabana Club team. Other: No Comments. Page 41 of 41 6/11/08 0 0 Wells, Wayne From: Wells, Wayne Sent: Friday, June 06, 2008 9:57 AM To: 'Cyndi Tarapani' Cc: Jeff Denny; O Cabrera; Watkins, Sherry Subject: Cabana Club resubmittal Cyndi - 1. Resubmit by noon, as the offices close at 2:30 pm on Wednesdays. 2. No.need to. resubmit the survey, as all departments already have the survey from the original submission. Wayne ----- Original.Message ----- From: Cyndi. Tarapani [mailto:CTarapani @fldesign.com] Sent:.Friday, June 06,.2008 9:32 AM To: Wells,. Wayne Cc: Jeff. Denny;. O Cabrera Subject: Cabana Club. resubmittal Wayne -as you know, we are resubmitting on Wednesday for the Cabana Club. I have two quick questions: 1. Do we need to resubmit by noon or by 5 pm ?. My notes are not clear on the time. 2. Do we need to resubmit copies of the survey or will the DRC staff still.have that? I do expect to resubmit a complete. new set of civil, architectural and landscape plans. Thanks for your help. Cyndi Tarapani Vice President, Planning Florida Design Consultants ctarapani @fldesign.com Office: 727 - 849 -7588 Cell: 727 - 234 -7857 Fax: 727 - 848 -3648 1 - • � Pagel of 2 Wells, Wayne From: Wells, Wayne Sent: Monday, May 19, 2008 4:03 PM To: 'richard @rjha.net' Subject: 05/18/08 Legg Mason UPDATE; Is Sand Key Nothing But Vacation Rentals? Importance: High FYI - Look at the attachments also. - - - -- Original Message---- - From: Watkins, Sherry Sent: Monday, May 19, 2008 8:28 AM To: Delk, Michael; Clayton, Gina; Wells, Wayne; Everitt, Steven; Porter, Catherine Subject: FW: 05/18/08 Legg Mason UPDATE; Is Sand Key Nothing But Vacation Rentals? Importance: High Good Morning I received this email from Nick this morning. FYI Thank you, Sherry Watkins Administrative Analyst Planning Department 727 -562 -4582 - - - -- Original Message---- - From: nicholas Fritsch [mailto:nfritsch @tampabay.rr.com] Sent: Sunday, May 18, 2008 1:55 PM To: Gina Grimes; Watkins, Sherry Subject: Fw: 05/18/08 Legg Mason UPDATE; Is Sand Key Nothing But Vacation Rentals? forwarded as requested. nick - - - -- Original Message - - - -- From: Cynthia_.L._Remley,_Es.q._ To: 'Cynthia L...-Remml_ey_,_ Esq.' Sent: Sunday, May 18, 2008 1:18 PM Subject: FW: 05/18/08 Legg Mason UPDATE; Is Sand Key Nothing But Vacation Rentals? Dear Concerned Neighbors of Sand Key and fellow Save Our Neighborhood ( "SON ") and Save our Shoppes Committee (SOS) members: If you attended the April 17th City Council hearing, or read the Clearwater Times on April 27th, (see article attached) you may have been surprised to hear City Council member and fellow Sand Key resident, George Cretekos, characterize our neighborhood as predominately vacation rental condominiums. This misperception of Sand Key as a place that encourages overnight accommodations has been frustrating to all of us in our fight to preserve Sand Key's residential character. SOS and SON Volunteers worked very hard to compile data about the minimum rental requirement periods of condominium and neighborhood associations on Sand Key. That information is attached to this email for your review. In sum, only the building that Mr. Cretekos lives in, Crescent Beach Club, and Lighthouse Towers, 5/19/2008 Page 2 of 2 0 0 allow 14 day rental periods. 75% of the 2988 units on Sand Key require a minimum rental period of 90 days or more with an average minimal required rental period of 104 days. Sand Key condominium units are not "time share ". or "vacation" rentals as either background checks and/or pre -lease interviews and initial orientations are mandated by the homeowner associations. This information and data was emailed to Mr. Cretekos, fellow City Council members, the Mayor, Sand Key Civic Association, and the print media. We asked the Mayor and City Council for their support in correcting this misperception of Sand Key as a tourist community of overnight accommodations. You can help us by forwarding this information to your Sand Key friends, homeowner association boards and neighbors. JoEllen Farnham (SOS) and I thank you for your continued support. Cynthia L. Remley SAVE OUR NEIOHBORHOOD Direct (727) 215 -9711 e -mail: Cynthia@vProRemLaw.com More information is available at tiv- vw.saveourshoppes_com. 5/19/2008 Pagel of 2 Wells, Wayne From:. Wells, Wayne Sent: Sunday, May 18, 2008 3:51 PM To: 'richard @rjha.net' Subject: Pressman: legg. Mason FYI - - - -- Original. Message--- - From: PressInc @aol.com [mailto:PressInc @aol.com] Sent: Saturday, May 17, 2008.2:32 PM To: Wells, Wayne Subject: Pressman: legg Mason Wayne, below is a letter to the St. Pete Times Editor that was printed this past Friday I wanted to be sure to get it in the official file. Thanks.. 0 News LM KEEP HOTEL OUT OF SOUTH SAND KEY St. Petersburg Times - St. Petersburg, Fla. Author: Anonymous Date: May 16, 2008 Start Page: 2 Text Word Count: 1032 Document Text Please, Clearwater mayor and City Council, save our neighborhood by not allowing Legg Mason to build a hotel in our beautiful residential neighborhood at the south end of Sand Key. This is one of the best residential neighborhoods in the country. This is not Clearwater Beach, where the tourists should be. Would you like a big . hotel close to your home with a big influx of people, noise,. cars and visitor - dispensed trash? I don't think so. If the area changes into. a tourist hangout, like it will certainly do with a hotel, my wife and I. will sell our beautiful Sand. Key condo and move up to the north Georgia mountains, where we have a serene,. quiet timeshare residence without annoying crowds nearby. We sure. don't want to spend the rest of our retirement years in a commercial area with a big hotel. Please keep this beautiful area at the south end of Sand Key residential like it is now and has always been! . Also, this will. be a test of whether our city government is for the local people (who drastically oppose this plan) or for the contractors with possible financial influence. on. our government, which is supposed to. be for the people. 5/18/2008 Page 2mf2 Bernie Browne, Clearwater Wondering what's for Dinner Tonight? Get new twists on family favorites at AOL Food. 5/l0/2000 `� • � -Page 1 of 2 Wells, Wayne From:. Wells, Wayne Sent: Tuesday, May 13, 2008.9:49 AM To: 'richard @rjha.net' Subject:. UPDATE: Legg Mason's Lobbying Activities FYI. - - - -- Original Message---- - From: Watkins, Sherry Sent: Tuesday, May 13, 2008 9:19 AM To: Wells, Wayne Subject: FW: UPDATE: Legg Mason's Lobbying Activities FYI - - - -- Original Message---- - From: Melendez, Becky Sent: Tuesday, May 13, 2008 8:56 AM To: Watkins, Sherry Subject: FW: UPDATE: Legg Mason's Lobbying Activities Sherry, I am on a email list from Sand Key, do you want to share information below with Planning, thanks - - - -- Original Message---- - From: Cynthia L. Remley, Esq. [mailto:Cynthia @ProRemLaw.com] Sent: Monday, May 12, 2008 10:38 PM To: Cynthia @proremlaw.com Subject: UPDATE: Legg Mason's Lobbying Activities Dear Concerned. Neighbors of Sand Key, Save Our Neighborhood ( "SON ") and Save our Shoppes (SOS) members: If you sent an email to the City opposing Legg Mason's project, you may have been sent the attached email from an Amy McGuire, with Southern Strategy Group (SSG). Persons farni liar with SSG report that it is a lobbying and public relations firm, hired by Legg Mason to spread its propaganda. Although we are not responding directly to SSG regarding the inaccuracies in the email, which is attached, we believe our residents and supporters deserve accurate. and correct infonnation. (1) Height: Legg Mason (L/M) claims: "The. new Cabana Club will be significantly lower in height than the surrounding condominium buildings on Sand Key.. To. clarify, the Cabana Club will be 2 stories shorter than the. property to. the North and 6 stories shorter than the property to the South." This is not accurate. The building to the south of the Cabana Club is Dan's Island and it stands 12 stories tall above its garage. When a straight parallel line is drawn across the roof top of the proposed hotel (see attached West view drawing that was not supplied by SSG), it touches the 11 th floor of Dan's Island.. (2) Additional Rooms: L/M states it "does not plan to amend the application for redevelopment of the Cabana Club site previously submitted to. the City to. add additional rooms even if the increase in hotel room density now under consideration were to. be adopted." L/M fails to state that the City has already made its decision about the increased hotel density ordinance and it specifically chose to exclude Commercially zoned sites like the. Cabana Club. site. L/M cannot seek additional hotel rooms, even if they wanted to. They are not acting out of kindness, as they imply. (3) Variances: L/M omits that it seek 4 types of significant variances: (i) HEIGHT: To go from the 5/13/2008 Page 2 of 2 allowed 25 feet up to the 1 lth floor. of Dan's Island; (ii) SET. BACK VARIANCES: For all 4 sides of the building, including a 0 setback to the seawall which will cause a 15 foot wall (see West View) to protrude 20 feet beyond Dan's Island and 10 feet beyond the Cabana Club. Condos; (iii) PARKING VARIANCES: A reduction on the number of required parking spaces to less than 61 while neighboring condos are already experiencing encroachment by L/M due to. an inadequate number of approximately 58 parking spaces for.its current restaurant; (iv) PERMISSION TO ENCROACH ON OUR PUBLICLY FUNDED BEACH:. L/M seeks a permit to make "improvements" up. to 49.5 feet west of the Coastal Construction. Control. Line, the area that is public. beach and only exists because of a taxpayer funded beach restoration project done in 2004.. We thank you for your continued support and for your donations to the SON Legal Fund. Cynthia L. Remley SAVE OUR NEIGHBORHOOD Direct (727) 215 -9711. e- mail: Cynthia @,ProRemLaw.com 5/13/2008 • Wells, Wayne From: Wells,. Wayne Sent: Monday,. May 12, 2008.5:44 PM To: 'richard @rjha.net' Subject:. Case # FLD2008- 02002.1590 Gulf. Blvd FYI - - - -- Original Message---- - From: SWalton514 @aol.com [mailto:SWalton514 @ aol.com] Sent: Monday, May 12, 2008 5:03 PM To: Wells, Wayne Cc: PressInc @aol.com Subject: Case # FLD2008 -02002 1590 Gulf Blvd See attached. 0 Wondering what's for Dinner Tonight? Get new twists on family favorites at AOL Food. 5/12/2008 Page 1 of 1 • Page 1 of 1 Wells, Wayne From: Wells, Wayne Sent: Sunday, May 11, 2008 2:55 PM To:. 'richard @rjha.net' Subject: Attached letter re: 1590 Gulf Blvd. Project FYI - - - -- Original Message ---- -. From:. Raymond Borkman [mailto:rborkman @msn.com] Sent: Sunday, May 11, 2008 2:31 PM. To: Wells, Wayne Subject: Attached letter re:1590 Gulf Blvd Project Mr. Wells, Please take the time to read the attached letter regarding a proposed project at 1590 Gulf Blvd in Clearwater. R. F. Borkman 1621 Gulf Blvd. Clearwater 5/11/2008 • Page 1 of 1 Wells,. Wayne From: Wells, Wayne Sent: Sunday, May 11, 2008.1:59 PM To: 'richard @rjha.net' Subject: Legg /Mason Cabana Hotel Proposal FYI - - - -- Original Message - - - - -. From: Frank Van Dyke [mailto:frankvd @comcast.net]. Sent:. Saturday, May 10, 2008.7:20 PM To: Wells, Wayne Subject: Legg /Mason Cabana Hotel Proposal I simply want to express my opposition to the proposed construction of the hotel on the current Cabana Club property. Its presence would not be compatible with our current residential neighborhood. Please stop commercializing Sand Key ..... Put the hotels where they belong .... in downtown Clearwater Beach .... that is where all of the rooms have been lost....not on Sand Key! We are not and never want to be a Tourist Destination... we did not invest our savings here for that type of living. Thanks for listening, and please be responsive to our input.. Frank Van Dyke VP SB I Condo Association 5/11/2008 Page 1 of 2 0 0 Wells, Wayne. From: Wells, Wayne Sent: Sunday, May 11, 2008.2:50 PM To: 'Maguire,. Amy' Cc: 'rich ard @rjha.net'; 'ctarapani @fldesign.com'; Delk, Michael;: Clayton, Gina; Dougall- Sides, Leslie;. 'gina.grimes @myclearwater.com'; Watkins, Sherry Subject: Cabana Club Amy - On Friday, May 9th, you sent emails to a number of individuals that oppose the Cabana Club Flexible Development application (FLD2008- 02002). Perhaps you are unaware that you have also sent emails to the Community Development Board (CDB) members that have not yet commented on the application, and will not until they vote after a public hearing to approve or deny the application (see email below). The CDB members you sent emails to were Jordan Behar (jordan. @.beha.rde.sign..,,com) (twice), Dana Tallman (da natal I man a, u rscorp. com), Frank Dame (fdame yahoo.com),. Thomas Coates ( tomas( -)triangledevelopment.com), Richard Adelson (radelson2 @verizon.net), Doreen DiPolito (doreen.dipolito. @d mar_com) and Nick Fritsch (nfritschCwtampabay.rr.Com). The CDB will conduct a Quasi - Judicial Hearing on this application, once it has been scheduled for such and duly noticed in accordance with City regulations. Section 4- 206.D.2 states: 2. Ex parte communications and expert opinions. Except as provided in this subsection, no member of the community development board or the city commission shall engage in any ex parte communications with any person in regard to the substance of a quasi - judicial matter which is to be considered by the board or commission, as. the case may be. a. Members of the community development board may conduct personal investigations with regard to a quasi - judicial matter pending before them provided that the existence of such investigation or site visit, is disclosed at a public hearing and made a part of the record before final action on the matter. In addition, Section 4- 206.D.3.c states: c. Disclosure of the substance of the subject of any ex parte communications, including the identity of the person, group, or entity with whom the communication took place and all written communications to the community development board, or the hearing officer, if any, which shall be made a part of the record. The CDB members will need to each disclose this email. you have sent to them and the email will be required to be made part of the hearing record when such application is on their agenda. Please do not send any future . emails or letters to the CDB members but please direct such to me. Should you have any questions, feel free to contact me by email or by phone (562- 4504). Wayne Wells, AICP Planner III - - - -- Original Message---- - From: Maguire, Amy [mailto:maguire @sostrategy.com] Sent: Friday, May 09, 2008 5:42 PM To: jordan @behardesign.com Cc! Wells, Wayne Subject: FW: Cabana Club Thank you for your recent comments regarding the. Cabana Club. We thought the following information may address some of your concerns. In addition, please find some 5/11/2008 ' C� Page 2 of 2 renderings of the proposed. boutique hotel. These visuals illustrate how the. proposed 38 room hotel. and restaurant compliment the look and feel of Sand Key. The new Cabana Club. will. be significantly lower in. height than the surrounding condominium buildings. on Sand Key. To clarify, the Cabana Club will be 2 stories shorter than the property to the North and 6 stories shorter than the property to the South. The Cabana Club. property will be operated as. the. beachfront hotel complimenting an annex use. for the main hotel, the Belleview Biltmore, which is poised for a major restoration and redevelopment. Legg. Mason does not plan to amend the application for redevelopment of the Cabana Club site previously submitted to the City to add. additional rooms even if the increase in hotel room density now under consideration were to. be adopted. Legg Mason recognizes the site. is not eligible for any increased hotel density for the site and intends to proceed with the project as currently designed with 38 rooms. For additional information about both projects I urge you to go to htt : / /www.belleviewbiltmore.com/ renaissance -and- restoration - cabanaclub.shtml where you will find a complete overview of the project. Thank you and please contact me as we would welcome. the opportunity to meet with. you or any of your neighbors to discuss the project in detail. Amy Maguire Southern Strategy Group 2240 Belleair Road, Suite 150 Clearwater., FL 33764 727 - 539 -7790 5/11/2008 Page 1 of 1 Wells, Wayne From: Wells, Wayne Sent: Friday, May 09, 2008.4:25 PM To: 'richard @rjha.net' Subject:. Opposition to the cabana club hotel FYI - - - -- Original Message---- - From: saschellstar @aol.com [mailto:saschellstar @aol.com]. Sent: Friday,. May 09, 2008.4:19. PM. To: Wells, Wayne Subject: opposition to the cabana club hotel. my wife and i just wanted to go on record in opposition to the cabana club hotel on gulf blvd. we are owner /residents (clearwater residents) at 1581 gulf blvd unit 404 .. thank you steve schell. Wondering what's for Dinner Tonight? Get new twists on family favorites at AOL Food. 5/9/2008 • Page 1 of 1 Wells,. Wayne From: Wells, Wayne Sent: Friday, May 09, 2008 1:02 PM To: 'richard @rjha.net' Subject: Case #FLD2008 -02002 (1590 Gulf Blvd.) I�'1J - - - -- Original Message---- - From: MILDRED DORTCH [ mailto :mildreddortch @hotmail.com] Sent: Friday, May 09, 2008 12:47 PM To: mildreddortch @hotmail.com Subject: Case # FLD2008 -02002 (1590 Gulf Blvd.) We are deeply disturbed about the hotel which LEGG MASON is proposing to build in our neighborhood and their plan to bring guests from the Belleview Biltmore Hotel across private residential property to gain access to the gulf view property. We would like to keep Sand Key as a residential neighborhood. Changing the zoning and variances LM is requesting would drastically change this area. Increased traffic and limited parking spaces would create havoc. The devaluation of the condo units in the surrounding area would be devastating. Please consider this when you are looking at the above proposal. Changing the area to a tourist area might seem appealing to you for the possible tourist tax revenue - but the devaluation of the hundreds of condos which would be impacted would negate such an increase from the tourist traffic. Activity for such a hotel and restaurant would create noise and traffic 24 hours a day which would change this environment forever. Please do not allow them to exceed the code standards which now exist. The project is much too large and the building would be too big for the site they have. The view we now have and the lifestyle of existing home- owners would be greatly impacted. Thank you very much for listening to the voice of current residents of Sand Key. We trust you will make the right decision. Please share this message with all CLEARWATER COMMUNITY DEVELOPMENT BOARD (CDB) MEMBERS, THE CITY MANAGER, THE ASST. CITY MANAGER AND THE DIRECTOR OF PLANNING. 5/9/2008 ]Re: Cabana Club Pagel of 2 • Wells,. Wayne From: Wells, Wayne Sent: Friday, May 09, 2008 9:35 AM To: 'Maguire, Amy' Subject: Cabana Club Don't worry about what you have already sent. I suggest this for future emails.. - - - -- Original Message---- - From: Maguire, Amy [mailto:maguire @sostrategy.com] Sent: Friday, May 09, 2008 9:32 AM To: Wells, Wayne Cc: Isolari @audeshand.com Subject: Re: Cabana Club So sorry . I didn't think of that. What can I give you for the ones sent yesterday? Linda will you please help Wayne with his request. I purposely did not email the council members so. not to. fill up their email but I am keeping a record and will be telling the council of our replies. - - - -- Original Message - - - -- From: Wayne.Wells @myClearwater.com <Wayne.Wells @myClearwater.com> To: Maguire, Amy Cc: Sherry.Watkins @myClearwater.com < Sherry.Watkins @myClearwater.com >; Gina.Claytori @myClearwater.com <Gina. Clayton @myClearwater.com> Sent: Fri May 09 08:08:14 2008. Subject: Cabana Club Amy - If you would be so kind to include the person's name in your response it would extremely help me with recordkeeping. With the past 20 or so email responses from you to neighbor's opposition emails that you have copied me on that you sent out yesterday, without such name information I am having to research all incoming emails of opposition to match up an email address to. a name so that I can then file it appropriately, which is time consuming. Thanks. Wayne - - - -- Original Message--- - From: Maguire, Amy [maiilto:magqjre c �Qqna -tegy coin] - . Sent: Thursday, May. 08, 2008 5:13 PM To: crescentbeachl @aol.com Cc: Wells, Wayne. Subject:. FW: Cabana Club. Thank you for your recent comments regarding the Cabana Club.. We thought the following information may address . some of your concerns. In addition, please find some renderings of the proposed boutique hotel.. These visuals . illustrate how the proposed 38 room hotel and restaurant compliment the look and feel of Sand Key.. The new Cabana Club will be significantly lower in height than the surrounding condominium buildings on Sand Key. To clarify, the Cabana Club will be 2 stories shorter than the property. to the North and 6 stories shorter than the property to the South. The Cabana Club property will be operated as the beachfront hotel complimenting an annex use for the main hotel, the Belleview Biltmore, which is poised for a major restoration and redevelopment. Legg Mason does not plan to amend the application for redevelopment of the Cabana Club site previously submitted to the City to add additional rooms even if the increase in hotel room density. now under consideration were to be adopted. Legg Mason recognizes the site is not eligible for any increased hotel density for the site and intends to proceed with 5/9/2008 Re: Cabana Club Page 2 of 2 the project as currently designed with 38 rooms. For additional information about both projects I urge you to go to HYPERLINK "ht tp_ / /'ortal.mx10 ic.com/redir /? 5eXWo VcQsLCzBcSDtZdBOXUVcS028uuvVCnC24zVGRz _bV 7UraBdxrO -MgbN- Ae�VNSsGMbSQxIdIuSgWwedTWZQQkPhOMeupdTdGWhrB7M1iJ9NSvAiTbC n3hOO- rhjhKyLtiOOedFCzASbC4zh09gg S6Cy0ifr86y3NcQghZo- nQdPYfDwedECQn3gtTOSnbLIK6ZAtQ " http:// www. bellevietivbiltmore .com/renaissance- and - restoration- cabanaclub.shtml where you will find a complete overview of the project.. Thank you and please contact me as we would welcome the opportunity to meet with you or any of your neighbors to discuss the project in detail. Amy Maguire Southern Strategy. Group 2240 Belleair. Road, Suite 150 Clearwater, FL 33764 727 -539 -7790 No virus found in this incoming message.. Checked by AVG.. Version: 7.5.524 / Virus Database: 269.23.11/1422 - Release Date: 5/8/2008.5:24 PM 5/9/2008 >i BELLEVIEW BILTMORE CABANA CLUB 1590 Gulf Boulevard Clearwater, Florida SCHEMATIC DESIGN FEBRUARY 1, 2008 REVISED: APRIL 10, 2008 PJrRfCXO61EMW elraaL 1 *Q r•L11r! PAM - illl mi10116 MR _ lcM1ILUArerwe- 8 o1w J OEMM IMM AWHAL7 OWRE o1 TM amt 4 R j HEISENBOTTLE R C n I T E C T 5 2199- PONCEnEAffON-8LUD- 4PJRe -QO COITAL GABLES, FL 33134 0 9 Wells, Wayne From: Wells, Wayne Sent: Wednesday, May 07, 2008 1:25 PM To: 'Cyndi Tarapani' Subject: Cabana Club Cyndi - We are not aware of the filing of any appeal at this time. It looks like the appeal period would end tomorrow (14 days from the date of the April 24th letter). Wayne - - - =- Original Message---- - From: Cyndi Tarapani [mailto:CTarapani @fldesign.com] Sent: Wednesday, May 07, 2008 8:17 AM To: Wells, Wayne Subject: Cabana Club Wayne -have you heard any rumblings about one of the Sand Key people filing an appeal of Michael's zoning interpretation? Thanks for your help. Cyndi Tarapani Vice President, Planning Florida Design Consultants ctarapani@fldesign.com Office: 727 - 849 -7588, Cell: 727 - 234 -7857 Fax: 727 - 848 -3648 1 0 0 Wells, Wayne From: Wells, Wayne Sent: Tuesday, April 29, 2008.7:48 PM To: 'richard @rjha.net' Subject: FLD2008- 02002, 1590 Gulf. Blvd.. Richard - Attached are the Draft DRC comments for the above referenced application, to be reviewed at 9:55 am. on May 1, 2008, at our offices. Wayne M. Wells, AICP Planner III City of Clearwater 100 South Myrtle Avenue Clearwater, FL 33756 -5520 Phone: 727- 562 -4504 Fax: 727 - 562 -4865 Im- draft 5.1.08 c action agenda 0 i Page 1 of 1 Wells, Wayne From: Wells, Wayne Sent: Sunday, April 27, 2008 6:30 PM To: 'richard @rjha.net' Subject: Opposition to the Legg Mason hotel. Reference Case No. Case #: FLD2008 -02002 ( 1590 Gulf Blvd. ) — Legg Mason's Application FYI - - - -- Original Message---- - From: Taso Hinaris [mailto:taso1929 @att.net] Sent: Saturday, April 26, 2008 4:49 PM To: Wells, Wayne Cc: Cynthia @ProRemLaw.com Subject: Opposition to the Legg Mason hotel. Reference Case No. Case #: FLD2008 -02002 ( 1590 Gulf Blvd.) - Legg Mason's Application My wife and myself moved to Sand Key many years ago because of the quiet residential area. We have watched as other places in Florida have become overly commercial and have lost their positive qualities. We hope this doesn't happen here that is why we stronlgy oppose the Legg Mason hotel. Our apartment at 1621 Gulf faces North and we enjoy a lovely view of the intracoastal waterway and an unobstructed view of the Gulf. I can't tell you how much my wife and me enjoy sitting on our balcony on nice winter days looking at the waves coming in and the boats out in the Gulf. We are strongly opposed to the proposed hotel by Legg Mason. Our peaceful vistas and quiet neighborhood will be negatively impacted by the new building. We would hate to leave Sand Key but the prospect of this obstruction is causing us to seriously think about relocating to another area where hopefully we can find the same level of enjoyment we have here. Thank you for your consideration. Please let us know if you have any questions. Regards, Taso and Suzanne Hinaris 1621 Gulf Blvd # 1104 4/27/2008 • • Page 1 of 1 Wells, Wayne From: Wells, Wayne Sent: Sunday, April 27, 2008 6:28 PM To: 'richard @rjha.net' Subject: FLD2008 -02002 (1590 Gulf Blvd. FYI - - - -- Original Message---- - From: dougpras @aol.com [mailto:dougpras @ aol.com] Sent: Sunday, April 27, 2008 12:40 PM To: Wells, Wayne Subject: FLD2008 -02002 (1590 Gulf Blvd. I am writing to voice my concern for the attempted construction of a hotel in sand key. I currently own a condo across the street from the purposed hotel, 1591 unit 204. I have lived there for 6 years in relative. security. I am a quadripeleigic and have my condo outfitted to allow me to live alone and fuction. The fact that they want to put a hotel at 1590 is quite trying to say the least. This is a residental area with a nice park next door with tennis courts and parking. The hotel they are planning has no where near the parking allotment and this adrea cannot handle more tourist than already come, especially during winter months. I am concerned that a hotel will comprimise my safety and quality of life, no matter if they claim it a five star resort. Five star people still get drunk and make noise, and when they have no parking, will overflow into our private lot. This already occurs regularly from the place thats there now. Please allow us our personal space. Iam sure you would not like a hotel constructed next to your house thank you for your time doug pras sand key resident and tax payer Plan your next roadtrip with Mai)Quest_com.: America's #1 Mapping Site. 4/27/2008 • Wells, Wayne From: Wells, Wayne Sent: Sunday, April 27, 2008.6:26 PM To: 'richard @rjha.net' Subject: FW: hotels FYI - - - -- Original Message---- - From: Gene and /or Laura [mailto:ehkmsmba @aol.com] Sent: Sunday, April 27, 2008 3:37 PM To: Wells, Wayne Subject: hotels We have been "residents of Sand Key since Dec. 1999. We say no to more 'hotels or adding more rooms to existing hotels on Sand Key. We are a residential area not a tourist destination. Eugene and Laura Koziara Sand Key 1 Wells, Wayne From: Clayton, Gina Sent: Thursday, April 24, 2008 1:56 PM To: Wells, Wayne; Delk, Michael Subject: FW: Cabana club FYI - - - -- Original Message---- - From: Cyndi. Tarapani. [mailto:CTarapani @fldesign.com] Sent: Thursday, April 24_2008 11:37 AM To:. Clayton, Gina Subject: RE: Cabana club I will have to find out from the attorney how long they have had this ownership of the dock and easement for access. I believe it has been decades since the hotel historically had a launch that brought guests. to the beach.. I will get.back to you. Thanks. Cyndi Tarapani Vice. President, Planning Florida Design Consultants ctarapani @fldesign.coni Office: 727- 849 -7588 Cell: 727 - 234 -7857 Fax: 727- 848 -3648 >>>. < Gina .Clayton @myClearwater.com >.4 /24/2008.11:31 AM >>> Cyndi - how and when did the Bellview get the dock that they currently own? Thanks! - - - -- Original Message---- - From: Cyndi. Tarapani. [ mailto:CTarapani @fldesign.com]. Sent: Wednesday, April.23, 2008 4:02 PM To: Clayton, Gina Subject: RE: Cabana club I haven't.discussed that in great detail with my client but. I don't think they would want the liability of.others.docking there. Also, the dock may not be.large enough for other boats. to dock and walk to the restaurant. So.I believe you can safely assume that.only the hotel boat will dock there. Thanks. 1 Cyndi Tarapani Vice. President, Planning Florida Design Consultants ctarapani @fldesign.com Office:.727- 849 -7588 Cell: 727 - 234 -7857 Fax: 727- 848 -3648 >>> <Gina.Clayton @myClearwater.com> 4/23/2008.2:51 PM >>> thanks. do.you have any thoughts.on if.the dock would be secured so that only hotel guests could use the dock or will.others be allowed to dock there to go to the restaurant.. 1 - - - -- Original Message ----- From:.Cyndi Tarapani [ mailto:CTarapani @fldesign.com]. Sent: Wednesday, April.23,.2008.2:31 PM To: Clayton, Gina Subject:. RE: Cabana club Gina -I wanted you to. know that if. we can use this.site for a new dock, we would not need the dock further east.that all of. the condo owners are complaining about. We pursued this. new dock solely in response to. the neighbors' concerns. We do own the dock located further east as well as an easement to cross.the dock towards. Gulf.Boulevard. But we.would make arrangements.to not use that old dock if we are approved to.use the new dock. I don't know if this makes. a difference to your deliberations but wanted to let you.know. Also, to confirm our purpose in this.dock is to provide an amenity for hotel guests -a novelty - to ride a small boat from the historic.hotel. in Belleair over to the beach. We do not expect or plan for this dock to be the major transportation carrier of guests back and forth. Also, hotel employees would NOT use the boat as.their.method of transportation to the beach hotel -they would be transported via van. Historically, the hotel did have a launch that transported hotel guests from the historic hotel to the.beach so.this would be no. different than what.has occurred in the.past.. I hope this additional information will.be helpful. Please let me know if you have further questions. Thanks. Cyndi Tarapani Vice President, Planning Florida Design Consultants ctarapani @fldesign.com Office: 727 - 849 -7588 Cell: 727- 234 -7857 Fax: 727 - 848 -3648 >>> < Gina. Clayton @myClearwater.com >.4 /23/2008 1:28. PM >>> no sorry. I will. follow -up again with Michael... - - - -- Original Message---- - From:. Cyndi. Tarapani. [mailto:CTarapani @fldesign.com] Sent:.Wednesday, April 23, 2008 11:43.AM To: Clayton, Gina Subject: Re: Cabana club any more on this issue? We would be interested in your thoughts. so we can make some decisions on this.property. Thanks for your help.. . Cyndi Tarapani Vice President, Planning 2 ;Florida Design Consultants • • ctarapani@fldesign.com Office: 727- 849 -7588 Cell:.727- 234 -7857 Fax: 727- 848 -3648 >>> <Gina.Clayton@myClearwater.com> 4/9/2008.2:38. PM >>> FYI.- just wanted to let you know we. are having some internal conversations. about. the.use of.the.property we discussed for commercial docks.. The issue is can you have this..accessory use for the commercial business.on a residentially zoned property... Just.wanted to.give you a heads. up. : Gina 3 �t y ILI r PLANNING DEPARTMENT CITY OF CLEARWATER POST OFFICE Box 4748, CLEARWATER, FLORIDA 33758 -4748 MUNICIPAL, SERVICES BUILDING, LOO SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756 TI?I.rPHONr (727) 562 -4567 FAx (727) 562 -4865 April 24, 2008 Ms. Cynthia H. Tarapani Vice President of Planning Florida Design Consultants, Inc. 3030 Starkey Boulevard New Port Richey, Florida 34655 Re: Request for Zoning Interpretation Belleview Biltmore Beach Club, 1590 Gulf Boulevard Dear Ms. Tarapani, The purpose of this letter is to respond to your request for a zoning interpretation based upon Mr. Thomas Reynolds' letter of March 7, 2008: As you are aware, in a letter dated September 17, 2007, it was the decision of this office to decline an administrative interpretation in response to an earlier similar request. In the current instance, your request has been modified, additional information has been provided, and as a result, I have concluded that the matter falls within the purview afforded by Section 1- 109.B.5 for an administrative interpretation. We have reviewed the additional materials you have provided in support of an interpretive determination of a Commercial zoning district line coterminous with the established Coastal Construction Control Line (CCCL). After reviewing those materials, in addition to search of relevant City and County records, as well as review by other affected city departments, I hereby grant the request for a interpretative determination of a commercial zoning district line coterminous with the CCCL for the above reference Cabana Club property located at 1590 Gulf Boulevard. This interpretation is based upon the CCCL line as depicted on the Boundary Survey performed by Florida Design Consultants, Inc., dated April 13, 2007. Section 1- 109B.5, provides that where the boundary line is unclear, the Community Development Coordinator shall determine it's location using certain criteria, including historical development patterns. With regard to historical development in the immediate area, such patterns suggest that for purpose of development approval, the line of demarcation between upland and,jurisdictional zoning district lines has more or less been located at the Coastal. Construction Control Line. Such a determination also appears to be supported by the Pinellas County Countywide Future Land Use Map. is "EQUAL EMPI.OYMFNT AND AFFIRMATIVE ACTION EMPLOYER" • In my capacity as Community Development Coordinator under Article 5, Division 7 of the Community Development Code, I have the ability and responsibility to issue administrative interpretations of the Code. In this particular instance, the request appears to fall into an appropriate range of administrative interpretation the authority of which is delineated by the Community Development Code. Such an interpretation is of a limited extent and no further approvals, formal or implied may emanate from this interpretation. Approvals of development plans that may take into account such determination are subject entirely upon full compliance with any and all additional development review and permitting considerations. Very truly yours, J r Mic ae . Delk;?-11CP Planning Director cc: Jill Silverboard, Assistant City Manager Leslie Dougall- Sides, Assistant City Attorney ;Wayne Wells, AICP Wells, Wayne From: Clayton, Gina Sent: Wednesday, April 23, 2008 1:30 PM To: Delk, Michael; Wells, Wayne Subject: FW: Cabana Club. zoning history <vnRtr 1 Pam Akin Itr 7 -08 re Cabana We need to discuss the zoning of the property they want to buy for docks so they can make a decision whether or not to proceed with a purchase. - - - -- Original Message---- - From: Cyndi Tarapani [mailto:CTarapani @fldesign.com] Sent: Thursday, March 13, 2008 2:50 PM To: Clayton, Gina; Delk, Michael Cc: Tom Reynolds; Richard Heisenbottle Subject: Cabana Club zoning history Dear Michael and Gina, In talking with Gina today, she indicated that she had not seen the recent correspondence on our research on the zoning line for the Cabana Club so I have attached the letter for your review. In the original letter sent to Pam Akin last Friday, the relevant ordinances were attached- please let me know if you would like a copy of them. The letter and research speaks for itself but I would ask you to seriously consider the previous approvals of twenty sites with improvements built up to the CCCL on this section of Sand Key. We would like the same ability as those twenty developers -to build to the CCCL. Thanks for your help on this matter. Please let me know if you need additional information or if I can answer any questions. Thanks again. Cyndi Tarapani Vice President, Planning Florida Design Consultants ctarapani @fldesign.com Office: 727 - 849 -7588 Cell: 727 - 234 -7857 Fax: 727-848-3648 1 • RAHDERT, STEELE, BOLE & REYNOLDS, P.A. ATTORNEYS AT LAW THE ALEXANDER BUILDING 535 CENTRAL AVENUE ST. PETERSBURG, FLORIDA 33701 -3703 GEORGE K. RAHDERT TELEPHONE: ALISON M. STEELE (727) 823 -4191 BRADLEY M. BOLE THOMAS E. REYNOLDS FACSIMILE: LAYLA K. McDONALD (727) 823 -6189 March 7, 2008 Pamela Akin, Esquire City Attorney . City of Clearwater City Hall, 112 S. Osceola Avenue 3rd Floor Clearwater, Florida 33756 -5103 Re: Belleview Biltmore Cabana Club Zoning History Dear Ms. Akin: On February 14, 2008, I met with you to discuss the zoning history of the Belleview Biltmore Cabana Club site on Sand Key (hereinafter called the "Cabana Club site "). Octavio Cabrera and Cyndi Tarapani from Florida Design Consultants, and Michael Delk and Gina Clayton from the Planning Department, also attended the meeting. You requested additional information regarding the adoption of certain zoning districts. We have now completed our research and provide the following additional information to you for your review. Our research was conducted at the offices of the Official Records and Legislative Affairs for the City of Clearwater, and all documents submitted with this letter are found in the records of that department. By way of background, our previous research confirmed that as of 1979, the Cabana Club site was zoned CG, General Business and AL, Aquatic Lands. On the 1985 zoning maps, a zoning district designated as OS/R was shown on the property for the first time in addi- tion to the existing CG and AL -C districts. In our meeting, you asked about the genesis of the OS /R district, including the method by which this district was adopted as part of the zoning code and the method by which this new zoning district was applied to properties on the zoning map. In order to fully understand this issue, we reviewed four zoning codes and amending ordinances on file in the City's offices beginning with the 1980 Code Before Supple- ments and ending with the 1992 Code With Supplements. These four codes were represented to us as the only available City Codes that covered the applicable time frame. We also reviewed ordinances that revised the pertinent zoning districts in question, as well as copies of all documents referenced therein. The following table is a summary of that historical research: tem P4 Code and wdf6l - r .. 1141 ;' Provisions d.x , 1 1980 Code Before Ordinance No. 2261 adopted this New Code Supplements of Ordinances which supercedes all previous Adopted 12 -11 -80 and codes. Effective 2 -9 -81 Code Preface states that the sources of the Code are the 1962 Code of Ordinances as supplemented through 8- 16 -79. CG and AL zoning districts exist. NO OS /R district exists in this code. (See Table of Contents) 2a 1980 Code With This includes all supplements that amended Supplements the 1980 Code through 1990. CG district exists. AL district. has been divided into AL- Coastal and AL- Interior by Ordinance 4035 -85 on 8- 29 =85 (Item 2b)_ OS/R district added by Ordinance 4035 -85 on 8 -29 -85 (Item 2b). Ord. 4035 -85 repealed the previous zoning atlas and previous Chapter 131, Zoning, and adopted a new zoning atlas and new Zoning Code (Item 2b). This ordinance is stored on microfiche and neither the new zoning atlas nor the new zoning code was attached to the adopting ordinance. The atlas and code are adopted by reference and are not included in the body of the ordinance. Per Code Sec. 135.159, The OS/R district "is created to reserve land areas for parks, open space, active and passive recreation purposes and other public uses as provided herein." Page 2 of 8 3 1992 Code Before Code Preface states that this code is a Supplements complete recodification of the ordinances of the City. Sources are the 1980 Code as supplemented through 9- 20 -90. CG district exists. AL- Coastal and AL- Interior districts exist. OS/R district exists. 4a 1992 Code With CG and OS/R districts exist. Supplements AL- Coastal and AL- Interior replaced by P, Preservation. Ordinance 5296 -92 adopted on 9 -16 -93 renamed AL -C and AL -I districts as Preservation (Item 4b). See pages 24 and 25 of Ordinance 5296 -93. No other substantive changes to intent or application of district. Based on the above new research and our previous research on the zoning and site development, we offer the following findings and conclusions: Site Development History The Cabana Club was constructed in 1983. The OS /R zoning district was adopted and placed on the site in 1985, two years after construction had occurred. When constructed in 1983 and existing in the same location today, the Cabana Club building is located west of the new OS /R zoning line. Conclusion: The site was constructed in compliance with the Zoning Code at the time of construction. AL and AL -C Zoning History The Code definition of property subject to the AL (and future AL -C) district has remained constant from its original adoption in 1979 through and including the renaming of the AL district to Preservation in 1993. The definition is that AL applies to property that is seaward of the Mean High Water Line (See Section 135.66 of the Zoning Code). At the time of the origination of the AL district in 1979, the Mean High Water Line (MHWL) had not been surveyed for this site. In fact, the MHWL for Sand Key was surveyed and established by plat for the first time on February 26, 1997, some eighteen years later. Page 3 of 8 The location of the AL district on the 1979 Zoning Map is inconsistent with the intent of the AL district since the AL line on the Map is not coterminous with the MHWL but is substantially inland/ east of the MHWL. When there is a conflict, the specific language and intent of the district should supercede the conceptual representation on the Zoning Map. This is consistent with the City's rules of interpretation regarding zoning lines as discussed in the section below. Conclusion: The Zoning.Map should be viewed as a "conceptual depiction" of the zoning districts and the language of the district should govern the location of the AL district. In this instance, the appropriate location of the AL line is coterminous with the MHWL which is substantially west/ seaward of the shown location. It is under- standable how this inconsistency developed since the MHWL was not available at the time of the AL district origination. Accordingly, the conceptual AL line could not. have been intended to be a "sealed" depiction of the AL boundary line. OS/R Zoning History The OS /R zoning district was added to the site in 1985, two years after the site had been developed with a restaurant. The intent of the OS/R district was to provide for parks, open spaces and active and passive recreation purposes. However, at the time that the OS/R district was applied to part of the Cabana Club site, the property was currently occupied with a restaurant and was definitely not in use as a park. We did not find a copy in the Clerk's office of the Zoning Map adopted in 1985 that adopted the OS/R district and assigned that district to a portion of the Cabana Club site. Nor did we find legal descriptions used in the 1985 ordinance to apply the various zoning districts to properties. Since the October, 1985 ordinance was a comprehensive document that adopted an entirely new zoning code and applied it City-wide to all properties, we would not expect that legal descriptions were used in the Ordinance to rezone the entire City. Since legal descriptions were not used and the 1985 Zoning Map was not on file in the Clerk's office, the only Zoning Map that we found that references this 1985 Ordinance is the map on file in the Planning Department. We have compared the new 1985 Zoning Map to the Map in effect immediately prior to the adoption thereof. The Zoning Map in effect prior to the replacement Code and Maps showed the zoning districts in color and we could not find a legend for the colors (Reference Map Item 5A provided to you at our February 14, 2008, meeting). This Map shows part of the Cabana Club as "red" and part of it as "green." This Map does NOT show names of the districts and it does NOT show the AL district which was in effect at the time. The comprehensive 1985 Code and Map does not use colors to depict the zoning but rather uses the typical format with lines and names shown for each district. This map Page 4 of 8 • • does show the CG district in virtually the same location as the immediately previous map. It also shows the new OS /R district in virtually the same location as the "green" color on the immediately prior Map. The AL district is shown west of the OS/R but it again is not located coterminously with the MHWL. Conclusion: The intent of the OS /R district is inconsistent with the use on the property at the time that the OS /R district originated. There is no available evidence of the Zoning Map adopted in 1985 showing the location of all zoning districts nor did the adopting Ordinance use legal descriptions to so locate the districts. Based on our comparison of the new comprehensive 1985 Map and the Map in effect immediately prior, it seems likely that the creator of the new 1985 Map inferred that all property shown as "green" on the old Map should be designated as OS/R. It should be noted that the color green is typically used in by planning professionals throughout the United States to depict Parks and Open Spaces. It should also be noted that this new 1985 Map again shows the AL zoning district in a location inconsistent with the intent of the AL district. Sand Key Development History At our meeting on February 14, we provided you with Figure 1, Building Analysis and the Sand Key Building Analysis Table that showed the location of improvements, as compared to the zoning lines. As we discussed at our meeting, this information was developed based on high resolution aerial photography for Sand Key and survey field documentation for four sites. As shown on Figure 1 and the Table, twenty of the twenty -one sites on Sand Key are constructed with improvements located within the OS /R zoning district. Additionally, 12 of these sites have residential buildings located within the area which the City is now characterizing as the OS/R zoning district. These sites were developed over an extended period of time from the earliest construction in 1973 to the most recent in 2004. It should also be noted that the City's Community Development Board previously approved the Cabana Club as a Flexible Development in 2002 and the site plan showed the building in its original location which is partially within the purported OS/R zoning district. If the City had applied the same OS/R zoning line for these twenty previously constructed sites as it now proposes for the Cabana Club site, then none of the improvements on these twenty sites could have been constructed in their current location. Figure 1 also demonstrates that no improvements appear to be located west of the CCCL. Conclusion: Based on this data, there is only one logical conclusion that explains the approved construction pattern. The conclusion is that the City used the CCCL as the line to mark the edge of development. In other words, construction of all principal residential buildings and accessory structures must be located east/ landward of the CCCL. This decision appears to have been made either without reference to the Page 5 of 8 . 1 0 0 OS/R line or is a tacit acknowledgement that the OS/R zoning line is incorrect on the Zoning Map. City Code Provisions on Zoning Interpretation The currently effective Community. Development Code contains a specific provision (Section 1 -109B) regarding interpretation of district boundaries. The applicable sections of that code provision read as follows: B. Interpretation of district boundaries. Where uncertainty exists as to the boundaries of zoning districts as shown on the zoning atlas, the following rules shall apply: 4. Shore, seawall or bulkhead lines. Zoning district boundary lines shall be construed to follow such shore, seawall or bulkhead lines and in the event of change in the shore, seawall or bulkhead lines, shall be construed as following the changed shore, seawall or bulkhead line; boundaries indicated as approximately following the centerlines of streams, rivers, canals, lakes of other bodies of water shall be construed to follow such centerlines. 5. Boundary line unclear. When the exact location of a zoning district boundary line is not clear, its location shall be determined by the community development coordinator using the following criteria in order of importance: the appropriate ordinance as passed by the City Commission; the Future Land Use Plan (FLUP) boundary line; and historical development patterns. On the Cabana Club site, the survey prepared by Florida Design Consultants shows the locations of the CCCL and the seawall, the latter of which is located approximately 48 feet west of the CCCL. The OS /R zoning district line is east of both the CCCL and the seawall. In other words, the OS/R line does not follow either the CCCL nor the seawall as stated in subsection B.4. above. With regard to subsection B.S., there are several ordinances adopted by the City Commission that apply, but the principal relevant ordinance is the ordinance that adopted the AL district in 1979. The clear and specific intent as to the appropriate location of the AL district was not applied to the Cabana Club site. In this case, the Future Land Use Plan is not overly helpful since the incorrect application of the AL district occurred prior to Comprehensive Planning in Clearwater and since the Plan was based on the Zoning Maps which contained the error, thus compounding the discrepancy. Based on Figure 1 provided to you in our meeting, the historical development patterns are clear on Sand Key: the CCCL was used as the demarcation line for the edge of development, NOT the OS/ R zoning line. Page 6 of 8 Conclusion: The appropriate edge for the OS/R district should be the CCCL for this site and for the balance of Sand Key since that line has historically been used as the edge of the developable area as demonstrated by the construction pattern. Locating the OS/R zoning line coterminous with the CCCL is also consistent with the City's rules for interpretation of zoning boundaries. Applicable Legal Principles As I am sure you are aware, the Florida courts have held that zoning regulations are subject to the same rules of construction as are state statutes. Thomson v. Village of Tequesta Board ofAdjustment, 546 So.2d 457 (Fla. 4`h DCA 1989). It is a well - established principle of Florida law that an administrative agency's interpretation of statutes with which it is legislatively charged to administer shall be accorded great weight and should not be overturned unless clearly erroneous. Brenner v. Department of Banking and Finance, 892 So.2d 1129 (Fla. 3rd DCA 2004). If an agency's interpretation of its governing statutes and rules is one of several permissible interpretations, it must be upheld despite the existence of reasonable alternatives. Pershing Industries, Inc. v. Department of Banking and Finance, 591 So.2d 991 (Fla. I" DCA 1991). By analogy, the City staff's long- standing interpretation of the CCCL as the line to mark the edge of development is dispositive of the intent of the applicable Zoning Code provisions hereinabove described. Thus, even if there are other possible interpretations, the existing interpretation should continue to be applied. There is one other well - established legal principle which I believe is applicable in this case. Florida courts have long recognized that zoning regulations are to be construed broadly in favor of the property owner absent their clear intent to the contrary. City of Hallendale v. Prospect Hall College, Inc., 414 So.2d 239 (Fla. 4`h DCA 1982). In this instance, the preclusion of the development of my client's property in a manner which is consistent with the development of surrounding properties would most assuredly run afoul of this legal principle. Summary We appreciate your review of this data as we know that you understand the importance of this issue to my client. We are merely requesting that the City treat the Cabana Club site the same as the rest of the properties on Sand Key, namely to allow development to be constructed up to the CCCL. We believe that we have provided you with the data to show that the CCCL was historically used on Sand Key as the edge of development and we ask for the same right and privilege. Should you not agree that the CCCL is the appropriate edge for development, we ask for the same right granted to others who disagree with a City determination on their development rights to seek an appeal of the City's decision to the Community Development Code. Although we certainly recognize that this is a relatively complicated issue, we would request that you provide a response as quickly as possible. As I explained at our earlier meeting, time is truly of the essence to our client. Any material delay in moving forward Page 7 of 8 • with the application process will substantially hinder our client's ability to complete the project. We would be happy to discuss any of these matters with you or answer any questions at your convenience. Thank you for your consideration. Sincerely, /d'/ %&Uu" 5. Re"Ouj Thomas E. Reynolds xc: Joseph Penner, Legg Mason Real Estate Investors Richard Heisenbottle, R.J. Heisenbottle Architects Octavio Cabrera, P.E., Florida Design Consultants Cyndi Tarapani, Florida Design Consultants Page 8 of 8 Page 1. of 1 Wells, Wayne From: Wells, Wayne Sent: Wednesday, April 23, 2008 7:58 AM To: 'richard @rjha.net' Subject: Harbour Condo residents' Opposition Letter Importance: High FYI - - - -- Original Message---- - From: Mike Novak [ mailto :mnovakjr @tampabay.rr.com] Sent: Tuesday, April 22, 2008 8:22 PM To: Wells, Wayne Cc: Hibbard, Frank; John. Doran @myclearwater.ocm; Bill.Horne @myclearwater.com Subject: Harbour Condo residents' Opposition Letter Importance: High Dear Mr. Wells: As President of The Harbour Condominium Association, Inc. I have attached a letter which expresses the strong opposition of our residents to Legg Mason's Proposal to build the Cabana Club Hotel - FLD2008 -02002 at 1590 Gulf Blvd. Sincerely, Michael T. Novak President The Harbour Condominium Association, Inc. 1581 & 1591 Gulf Blvd. Clearwater, FL 33767 I 4/23/2008 0 • Page 1. of 1 Wells, Wayne. From: Wells, Wayne Sent: Monday, April 21, 2008 4:20 PM To: 'richard @rjha.net' Subject: Ref. Case #FLD2008 -02002 (1590 Gulf Blvd.) FYI. She also sent an email on March 16, 2008, in opposition. - - - -- Original Message - - - - -. From: BARBGOLF @aol.com [mailto:BARBGOLF @aol.com] Sent: Monday, April 21, 2008.3:58 PM To: Wells, Wayne Subject: Ref. Case #FLD2008 -02002 (1590 Gulf Blvd.) Sand Key is a residential community, not a tourist area. Let them go to Clearwater Beach. Allowing Legg Mason to build a hotel in the parking lot of the Cabana Club will lower the value of our condo homes even more than the present economy already has. I have already lost one condo lessee, because they are afraid of what the increased traffic and noise will be like, if a hotel is allowed on the Cabana Club property - -which in itself is utterly ridiculous. There is not enough parking space on that lot, in the first place. The city may get more tax money from a hotel on the property, but that will be negated by the lower taxes they get on all the condos whose values are lowered, to say nothing of the quality of life on Sand Key. The City Commission 8 years ago was smart enough to realize that was not the right thing... I wish the present City Commission was that smart. Barbara I. Ferree, owner, 1591 Gulf Blvd. * * * * * * * * * * * * ** Need a new ride? Check out the largest site. for U.S.. used car listings. at AOL Autos. (http: / /autos.aol.com/ used ?NCID= aolcmp00300000002851) 4/21/2008 Page 1 of 1 Wells, Wayne From: Wells, Wayne Sent: Monday, April 21, 2008 9:23 AM To: 'richard @rjha.net' Subject: FLD2008- 02002,1590 GULF BLVD FYI. The same email was sent previously on March 25, 2008. - - - -- Original Message---- - From: Bob & Patti Rogowicz [mailto: bobandpatrogowicz @tampabay.rr.com] Sent: Monday, April 21, 2008 9:13 AM To: Wells, Wayne Subject: #: FLD2008- 02002,1590 GULF BLVD DEAR MR. WAYNE WELLS, MY WIFE AND I ARE IN TOTAL OPPOSITION TO THE CABANNA CLUB PROPOSAL TO THE CITY OF CLEARWATER, UNDER FILE# FLD2008- 2002,1590 GULF BLVD.. THE PROPOSAL WOULD DRASTICALLY AFFECT VERTICAL VISABILITY,CRITICALLY CAUSE SIGNIFICANT AND WIDESPREAD NEGATIVE FINANCIAL IMPACTS,AND IS NOT COMPATIBLE TO THE IMMEDIATE AREA.(OUT OF SYNC) IT ALSO SEEKS +TO FORCE FAR TOO MUCH ON THE SITE WITH TOO MANY VARIANCES THAT WOULD BE DEVASTATING TO SURROUNDING PROPERTY OWNERS.WE URGE THE DIRECTION TO DEVELOP TO CODE STANDARDS ONLY. THANK YOU, BOB AND PATTI ROGOWICZ, RESIDENTS AND OWNERS, 1621 GULF BLVD #808, 1621 GULF BLVD. #PH -B 4/21/2008 Page 1 of 1 Wells, Wayne From: Wells, Wayne Sent: Sunday, April 20, 2008 6:58 PM To: 'richard @rjha.net' Subject: Todd: Photo FYI - - - -- Original Message---- - From: PressInc @aol.com [mai Ito: PressInc@aol.com] Sent: Sunday, April 20, 2008 6:35 PM To: Wells, Wayne Subject: Todd: Photo This is a photo from 1591 Gulf Blvd., the Southern of 2 harbor condo buildings... showing the vertical visibility issue from that point. Thanks. Todd Pressman, President, Pressman & Assoc., Inc. 28870 U.S. Highway 19, N., #300 Clearwater, FL 33761 Cell, 727 - 804 - 1760. Ofc. 727 - 726 -8683. Fx. 727 - 669 - 8114.. Alt.. Fx.. 727- 725 -2933 Need a new ride? Check out the largest site for U.S. used car listings at AOL Autos. 4/20/2008 Page 1 of 1 Wells, Wayne From: Wells,. Wayne Sent: Sunday, April 20, 2008 7:01. PM To: 'richard @rjha.net' Subject: Pressman: Legg. Mason on Sand key FYI. Just trying to keep you abreast of what's coming to us. - - - -- Original Message---- - From: PressInc @aol.com [mailto:PressInc @aol.com] Sent: Saturday, April 19, 2008 9:38 PM To: Delk, Michael Cc: Clayton, Gina; Cynthia @ProRemLaw.com; Wells, Wayne Subject: Pressman: Legg Mason on Sand key Mike, there is a committee of leaders, heading the opposition of this issue, on South Sand. Key that want to meet with you grior to developing your department's recommendation on the pending application. I am making this communication to try and set that up. I am hoping that I might be able to get some. days and times that we can choose from that will work for you. Thank you very much. Todd Pressman, President, Pressman & Assoc., Inc. 28870 U.S. Highway 19, N., #300 Clearwater, FL 33761 Cell, 727 - 804 -1760. Ofc. 727 - 726 -8683. Fx. 727 - 669 -8114. Alt. Fx. 727 - 725 -2933 Need a new ride? Check out the largest site for U.S. used car listings at AOL Autos. 4/20/2008 Page 1 of 1 0 10 Wells, Wayne From:. Wells, Wayne Sent: Friday, April 18,. 2008.7:24 AM To: 'richard @rjha.net' Subject:. Todd: Distances map FYI - - - -- Original Message---- - From: PressInc @aol.com [mailto:PressInc @ aol.com] Sent: Thursday, April 17, 2008 11:55 PM To: Wells, Wayne Subject: Todd: Distances map Attached is a map that documents the distance to hotel /resort/commercial in the City from the project site. Thanks. Todd Pressman, President, Pressman & Assoc., Inc. 28870 U.S. Highway 19, N., #300 Clearwater, FL 33761 Cell, 727- 804 -1760. Ofc. 727 - 726 -8683. Fx. 727 - 669 -8114. Alt. Fx. 727- 725 -2933 Need a new ride? Check out the largest site for U.S. used car listings at AOL Autos.. 4/18/2008 Page 1 of 1 0 0 Wells, Wayne From: Wells, Wayne Sent: Friday, April 18, 2008 7:48 AM To: 'richard @rjha.net' Subject: Todd: Photo #2 FYI - - - -- Original Message---- - From: PressInc @aol.com [mailto:PressInc @aol.com] Sent: Thursday, April 17, 2008 11:17 PM To: Wells, Wayne Subject: Todd: Photo Wayne, another photo from the South side of Isle of Sand Key mid to lower floor. Thanks. Todd Pressman, President, Pressman & Assoc., Inc. 28870 U.S. Highway 19, N., #300 Clearwater, FL 33761 Cell, 727 - 804 -1760. Ofc. 727 - 726 -8683. Fx. 727 - 669 -8114. Alt. Fx. 727 - 725 -2933 Need a new ride? Check out the largest site for U.S. used car listings at AOL Autos. 4/18/2008 Page 1 of 1 Wells, Wayne From:. Wells, Wayne Sent: Friday, April 18, 2008 7:45 AM To: 'richard @rjha.net' Subject:. Todd: Photo #1 - - - -- Original Message--- - From: PressInc @aol.com [ma i Ito: PressInc@aol.com] Sent: Thursday, April 17, 2008 10:28 PM To:. Wells, Wayne Subject: Todd: Photo This is a photo westward from Condo, Harbor South.. From the aerial. I showed you thought it may not have appeared there was not much blockage of vertical visibility. You can see in the attached that there is - and would significant. Thanks. I'll be sending a few more photo's tonight. Todd Pressman, President, Pressman & Assoc., Inc. 28870 U.S. Highway 19, N., #300 Clearwater, FL 33761 Cell, 727- 804 -1760. Ofc. 727 - 726 -8683. Fx. 727 - 669 -8114. Alt. Fx. 727 - 725 -2933. Need a new ride? Check out the largest site. for U.S. used car listings at AOL Autos. 4/18/2008 Page 1 of 1 Wells, Wayne From:. Wells, Wayne Sent: Friday, April 18, 2008.7:58 AM To: 'richard @rjha.net' Subject:. Pressman:. The Harbors Opposition to Legg mason FYI. - - - -- Original. Message---- - From: PressInc @aol.com [mailto:PressInc @ aol.com]. Sent: Thursday, April 17, 2008 10:59 PM To: Wells, Wayne; mnovakjr @tampabay.rr.com Subject: Pressman: The Harbors Opposotion to Legg mason Wayne, I am CC'ing Mike Novak here, he is the President of the Harbor Condominiums. That includes both the North and South. Harbor Condo's, which run as the. 2 buildings North of the Isle of Sand key, 3 of the major buildings that are partially and completely blocked in visibility by the legg mason project. Wayne I wanted you to know that their President, Mike Novak, is communicating their opposition to the Legg Mason project and will have a formal letter to you very soon. Wayne, this is joined by the Isle of Sand Key Assoc. letter I gave you, and the Sand Key Civic Assoc. Todd Pressman, President, Pressman & Assoc., Inc. 28870 U.S. Highway 19, N., #300 Clearwater, FL 33761 Cell, 727 - 804 -1760. Ofc. 727 - 726 -8683. Fx. 727 - 669 -8114. Alt. Fx. 727 - 725 -2933. Need a new ride ?. Check out the largest site for U.S. used car listings at AOL Autos. 4/18/2008 ;� � x � • Page 1 of 3 Wells, Wayne From: Wells, Wayne Sent: Friday, April 18, 2008 10:48 AM To: 'richard @rjha.net' Subject: The Shoppes of Sand Key FYI - - - -- Original Message - - - - -. From:. Peter Cunzolo [mailto:pcunzolo @execujetcharter.com] Sent: Friday,. April 18, 2008 9:39 AM To: Gibson, Paul; Wells,. Wayne; Hibbard, Frank; Petersen, Carlen; Doran, John; Cretekos, George Cc: Manni, Diane Subject: RE: The Shoppes of Sand Key Mr. Gibson: I was present last evening until the bitter end. For a brief moment I almost believed that you and the fellow council members understood the situation, especially you sir. Eventually you too acquiesced which was very disappointing. You yourself found the traffic study to be flawed. Any of you that drive that area should know that the report of vehicle traffic did not match the findings. A statement offered by Mr. Doran regarding equal treatment of homes along SR 60 to those on Sand Key was then in his next breath contradicted by his comment of the difference being in property values. One of my issues is that none of you cared to address my concern of the ferry system that Legg Mason wants to install that runs to the Cabana Club from the Biltmore that will travel directly in the canal behind my house. How.does that preserve my future enjoyment of my home? How do their guests possibly traversing our private property make my family feel secure? I don't expect any of you to understand because clearly your vote tells me you did not quite get it. Allowing the density increase that you passed puts the precedent on the books. It is naive to think that no one will try to push that envelope. The situation that was allowed to be created on Clearwater Beach was done so by flawed voting. Now, it is expected to be properly addressed by more flawed voting. Even in the admitted absence of necessary surveys regarding CCCL's. Even now none of you know exactly where that line actually stands. What would have been the harm in postponing a vote and pursuing the necessary due diligence? Why hastily even move to a vote when perhaps a compromise could have been struck as a result of more information?. If then the outcome was the same, even would understand and have more of an appreciation and understanding for this outcome. In the military there is a saying that "Having lost sight of our objective we will now redouble our efforts." I could not have put it better myself. Another flawed vote will only make this worse. You were our go to guys.. What now ?. What do we do if our worst fears are realized? None of this is meant to be any sort of indignation. I will openly say I listened carefully and at no time disrespected any of you with comments or outbursts. I will not do so now either but the fact is you all blew it last night and failed us as residents and your constituents. I will also tell you that we can agree to disagree so as to save you the effort of even having to respond. Nonetheless, thank you for your time and considerations last evening. Sincerely, Peter Cunzolo Confidential Notice: This email may contain CONFIDENTIAL or PRIVILEGED information and is a private 4/18/2008 Page 2 of 3 communication between the intended addressee and ExecuJet Charter Service. If you are not the intended recipient, reading, copying, using, or disclosing its contents to others is strictly prohibited. If you have received this email in error, please notify us by replying to this message, and then delete it from your system. Thank you. From: paul.gibson @MyClearwater.com [ mailto :paul.gibson @MyClearwater.com] Sent: Friday, April 18, 2008 8:17 AM To:. pcunzolo @execujetcharter.com Cc:. Diane.Manni @MyClearwater.com Subject: The Shoppes of Sand. Key Dear Mr. Cunzolo, I assume your email concerns The Shoppes of Sand Key, as the Sheraton and Marriott properties are already zoned Tourist. You should. note that the City Council is in the process of zoning the Shoppes of Sand Key as Commercial and excluding Commercial from the increased density permitted by the county. Your voices (and emails) were heard. Best regards, Paul Gibson City Councilmember From: Peter Cunzolo [ mailto :pcunzolo @execujetcharter.com] Sent: Thu 4/17/2008 8:42 AM To: Hibbard, Frank; Wells, Wayne; Watkins, Sherry; Doran, John; Petersen, Carlen; Cretekos, George; Gibson, Paul; Manni, Diane; jofarnum @yahoo.com; saveourshopsatsandkey @live.com Subject: Mr. and Mrs. Peter Cunzolo 107 Marina Del Rey Court Clearwater, FL 33767 Dear Mayor and members of the City Council: Please accept this letter as a compilation of thoughts as to why rezoning efforts to a T classification on Sand Key is not in the best interest of the residents or the residential community. Sand Key is and has always been predominantly a residential community and in my opinion probably one of the crown jewels of Pinellas County. When one considers the commercial aspects of beach going and tourism Clearwater Beach is what comes to mind. Building more hotels would dramatically change the area and in some ways probably not for the better. Development, change and progress are not something I oppose entirely but it must be done in areas that are zoned for that purpose. To change a residential area is something that will either force people to move or cause people to no longer wish to reside on Sand Key and that only would further the decline in property values. Adding high density commercial buildings would more than likely further strain the current infrastructure that is already in place. The discussions of providing a ferry service to and from the Biltmore for guests to use facilities at the Cabana Club are absurd and unconscionable. Increased use by a commercial vehicle may allow for damage to our properties 4/18/2008 Page 3. of 3 and possible the sea walls. The thought that our residential canal will be frequented by a commercial ferry service operating until late hours makes this resemble a city or commercial dock which will drastically hurt our property values. This takes away our privacy and possibly our security as residents along these and particularly our own waterway. This area is not suited for commercial purposes and completely detracts from our residential community.. The thought of Gulf Blvd. now being traversed by those same ferry passengers is only a recipe that will cause for an increase 'in traffic and pedestrian accidents. Increased water usage, increased electrical usage and increased vehicle emissions do not seem to be a step in the right direction for the community or the environment. The type of vehicle traffic that the residents would be subjected to is very detrimental to the community and those residents that are enjoying the neighborhood. It is clear we as residents understand tourism and the benefits as well as the detriments associated with the same. That said it is also clear why almost all of us on Sand Key chose to live here as opposed to Clearwater Beach. We are a residential area and not a tourist attraction. That is and always has been Clearwater Beach and this is how it should remain. If there is an area in need of more hotel rooms I would hope that the board could consider pointing developers in the direction of Clearwater that could very much use the extra capacity. I respectfully request that you reconsider the increase hotel rooms on Sand Key and not change the demographics of our neighborhood and community. I will also take this time to thank you in advance for allowing me the opportunity to share my views on this subject. Sincerely, Peter R. Cunzolo Confidential Notice: This email may contain CONFIDENTIAL or PRIVILEGED information and is a private communication between the intended addressee and ExecuJet Charter Service. If you are not. the intended. recipient, reading, copying, using, or disclosing its contents to others is strictly prohibited. If you have received this email in error, please notify us by replying to this message, and then delete it from your system. Thank you. 4/18/2008 Ll Wells, Wayne From: Wells, Wayne Sent: Friday, April 18, 2008 5:14 PM To: 'richard @rjha.net' Subject: Save Our Neighborhood FYI • - - - -- Original Message---- - From: Chris Evans [ mailto :evans.chris0l @comcast.net] Sent: Friday, April 18, 2008 3:21 PM To: Wells, Wayne; Frank. Hibbard @myclearwater.com; Doran, John;. Cretekos, George; Carlen .Peterson @myclearwater.com; Gibson, Paul Subject: Save Our Neighborhood . RE: case #FLD2008- 02002, 1590 Gulf Blvd. Dear Sir: SAVE OUR NEIGHBORHOOD! I CERTAINLY HOPE SO! Please represent the homeowners on Sand Key. We could have bought right on Clearwater Beach. We didn't. Residential or tourist? No question for us. We have been visiting Sand Key for near 37 years and bought on Sand Key for our retirement. We paid for the view and want to keep it. We paid for the condo and want it to maintain /increase it's value. More traffic! Just what we don't need. We have watched Gulf Blvd. grow and change over the years. Where does it end? Look around on Sand Key. There is space between the buildings adding to the character of Sand Key. Do you really believe that the Legg Mason hotel even fits on the property - ten feet or so less height than its next door neighbors AND less than 10 feet from the public walkway to the beach! Please consider your choices and its impact on YOUR tax paying citizens of Sand Key. You have a choice to make. Use you common sense and your heart. Support the residents of Sand Key. IF YOU HAVE A VOTE, VOTE TO MAINTAIN THE CURRENT EASEMENTS AND ZONING CODES. IF YOU DON'T VOTE IN THIS ISSUE, YOUR OPINION IS PRICELESS. VOTE /OPINE WITH AN EYE.ON THE LONG TERM PICTURE. VOTE /OPINE WITH INTEGRITY. With gratitude, Maria C. & Arthur K. Evans 1591 Gulf Blvd. #401 1 From: Wells, Wayne Sent: Thursday, April 17, 2008 6:16 PM To: 'Press Inc @aol.com' Cc: 'richard @rjha.net' Subject: Pressman: Legg /Mason FYI - - - -- Original Message - - - - -. From: Patni, Himanshu Sent: Thursday, April 17, 2008 5:03 PM To: 'richard @rjha.net' Cc: Elbo, Bennett; Wells, Wayne Subject: RE: Pressman: Legg /Mason We have looked at the existing and proposed uses for this site in terms of the anticipated trip generation using the Institute of Transportation Engineers Trip Generation Manual and agree with the conclusion of the consultant that this proposed development would not require a traffic impact study. ITE also takes into account facilities such as restaurants as part of the Hotel land use type /trip rate and the trips or location of the development to not satisfy any of our criteria to require a traffic impact study at this time. Himanshu Patni, E.I. Traffic Operations City of Clearwater (727) 562 -4560 - - - -- Original Message---- - From: Elbo, Bennett Sent: Thursday, April 17, 2008 4:36 PM To: Patni, Himanshu Subject: FW: Pressman: Legg /Mason - - - -- Original Message----= From: Wells, Wayne Sent: Thursday, April 17, 2008 12:57 PM. To:. Elbo, Bennett Subject:. Pressman: Legg /Mason FLD2008- 02002, 1590 Gulf Blvd., on the next DRC agenda. - - - -- Original. Message---- - From: Elbo, Bennett Sent: Thursday, April 17, 2008 12:41 PM To: Wells, Wayne Subject:. RE: Pressman: Legg /Mason. What project are we talking about ? ?? 4/18/2008 Page 2 of 2 - - - -- Original Message - - - - -. From: Wells, Wayne Sent: Thursday, April 17, 2008.7:17 AM To:. Elbo, Bennett Cc: 'richard @dha.net' Subject:. Pressman: Legg /Mason Bennett - Could you please respond to this email to Todd Pressman? Please also reply to ALL so that the applicant (Cc above) and myself will get the response. Thanks. Wayne - - - -- Original Message---- - From: PressInc @aol.com [ma i Ito: PressInc@aol.com] Sent: Wednesday, April 16, 2008 7:26 PM To: Wells,. Wayne Subject: Pressman: Legg /Mason Wayne, I have been looking over the applicant's contention that there is no need for a traffic study. I have a number of points to relay to you for your consideration: 1) The calculation does not appear to take into account the new restaurant proposed? They seem to only balance the new hotel rooms from the restaurant to be demolished. I looked thru the materials and I was not able to find a square footage listed for the new restaurant or bar or lobby areas or kitchen or outside terraces or private dining rooms. 2) The applicant has made it clear in public meetings that they intend to bring patrons of the Bellaire hotel to the Beach for the Beach experience. As far as I am of the opinion, I do not see that as a normal hotel activity and I am wondering if that triggers another trip generation for that use? Todd Pressman, President, Pressman & Assoc., Inc. 28870 U.S. Highway 19, N., #300 Clearwater, FL 33761 Cell, 727- 804 -1760. Ofc. 727 - 726 -8683. Fx. 727 - 669 -8114. Alt. Fx. 727 - 725 -2933 Need a new ride? Check out the largest site for U.S. used car listings at AO,L Autos. 4/18/2008 Page 1 of 2 Wells, Wayne From: Wells, Wayne Sent: Thursday, April 17, 2008 9:23 AM To: 'richard @rjha.net' Subject: Email of Opposition from Mr & Mrs Peter Cunzolo FYI. While this email pertains primarily to rezoning cases on. north Sand Key to be decided by City Council, the author references the Cabana Club property. - - - -- Original Message---- - From: Peter Cunzolo [ mailto :pcunzolo @execujetcharter.com] Sent: Thursday, April 17, 2008 8:42 AM To: Hibbard, Frank; Wells, Wayne; Watkins, Sherry; Doran, John; Petersen, Carlen; Cretekos, George; Gibson, Paul; Manni, Diane; jofarnum @yahoo.com; saveourshopsatsandkey @live.com Subject: Mr. and Mrs. Peter Cunzolo 107 Marina Del Rey Court Clearwater, FL 33767 Dear Mayor and members of the City Council: Please accept this letter as a compilation of thoughts as to why rezoning efforts to a T classification on Sand Key is not in the best interest of the residents or the residential community. Sand Key is and has always been predominantly a residential community and in my opinion probably one of the crown jewels of Pinellas County. When one considers the commercial aspects of beach going and tourism Clearwater Beach is what comes to mind. Building more hotels would dramatically change the area and in some ways probably not for the. better. Development, change and progress are not something I oppose entirely but it must be done in areas that are zoned for that purpose. To change a residential area is something that will either force people to move or cause people to no longer wish to reside on Sand Key and that only would further the decline in property values.. Adding high density commercial buildings would more than likely further strain the current infrastructure that is already in place. The discussions of providing a ferry service to and from the Biltmore for guests to use facilities at the Cabana Club are absurd and unconscionable. Increased use by a commercial vehicle may allow for damage to our properties and possible the sea walls. The thought that our residential canal will be frequented by a commercial ferry service operating until late hours makes this resemble a city or commercial dock which will drastically hurt our property values. This takes away our privacy and possibly our security as residents along these and particularly our own waterway. This area is not suited for commercial purposes and completely detracts from our residential community. The thought of Gulf Blvd. now being traversed by those same ferry passengers is only a recipe that will cause for an increase in traffic and pedestrian accidents. . Increased water usage, increased electrical usage and increased vehicle emissions do not seem to be a step in the right direction for the community or the environment. The type of vehicle traffic that the residents would be subjected to is very detrimental to the community and those residents that are enjoying the neighborhood. It is clear we as residents understand tourism and the benefits as well as the detriments associated with the same. That said it is also clear why almost all of us on Sand Key chose to live here as opposed to Clearwater Beach. We are a residential area and not a tourist attraction. That is and always has been Clearwater Beach and this is how it should remain. If there is an area in need of more hotel rooms I would hope that the board could consider pointing developers in the direction of Clearwater that could very much use the extra capacity.. 4/17/2008 Page 2 of 2 I respectfully request that you reconsider the increase hotel rooms on Sand Key and not change the demographics of our neighborhood and community. I will also take this time to thank you in advance for allowing me the opportunity to share my views on this subject. Sincerely, Peter R. Cunzolo . Peter R. Cunzolo President ExecuJet Charter Service, Inc. Phone:.813- 490 -0208. Fax: 813- 490 -0217 pcunzolo @execujetcharter.com www.execuietcharter.com Confidential Notice: This email may contain CONFIDENTIAL or PRIVILEGED information and is a private communication between the intended addressee and ExecuJet Charter Service. If you are not the intended recipient, reading, copying, using, or disclosing its contents to others is strictly prohibited. If you have received this email in error, please notify us by replying to this message, and then delete it from your system. Thank you. 4/17/2008 Page 1 of 1 w Wells, Wayne From:. Wells, Wayne Sent: Thursday, April 17, 2008 7:57 AM To:. 'Maguire,. Amy' Cc: Richard He.isenbottle; Joe Penner Subject: Thank you Amy- Thank you for your email. I will continue to forward emails and letters in support or opposition to the request to Mr. Heisenbottle, as he is. my contact for this application. Wayne - - - -- Original Message---- - From: Maguire, Amy [mailto:maguire @sostrategy.com] Sent: Wednesday, April 16, 2008 10:14 PM To: Wells, Wayne Cc: Richard Heisenbottle; Joe Penner Subject: Thank you Mr. Wells, Thank you for forwarding recent emails. I am working with Richard, Joe and the entire Legg Mason team. I am copied you on 2 recent emails to Mr. and Mrs. Hanson. We hope to talk to as many neighbors as we can to clarify any misinformation. Please send me any emails you receive or direct the individuals to me with questions. Thank you Amy Amy Maguire -------------------------------- Southern Strategy Group. 2240. Belleair Road, Suite 150 Clearwater, FL 33764 Telephone: 727.539.7790. Facsimile: 727.539.7791 Cellular: 727.656.8413 -------------------------------- STRATEGY GROUP Tallahassee I Jacksonville I Orlando I Tampa Bay I Baton Rouge I Shreveport I. Columbia I Montgomery I. Jackson Frankfort I Los Angelos Nashville Lansing I Madison I Phoenix I Washington, DC No virus found in this outgoing message. Checked by AVG. Version: 7.5.524 / Virus Database: 269.23.0/1381 - Release Date: 4/16/2008 9:34 AM 4/17/2008 f { Page 1. of 2 Wells, Wayne From: Wells, Wayne Sent: Wednesday, April 16, 2008 5:49 PM To: 'richard @rjha.net' Subject:. Please stop. the building on Sand Key FYI - - - -- Original Message---- - From: eunice hanson [ mailto :eunicehanson @hotmail.com]. Sent: Wednesday, April 16, 2008 8:56 AM To: Wells, Wayne Subject: Please stop the building on Sand Key Eunice E. Hanson 1591. Gulf Blvd., Condo 304 Clearwater, Fl 33767 April 16, 2008 Dear Mr. Wayne Wells: Mr. George Cretos has advised me to email you my concerns regarding hotel development on Sand Key.. We need your assistance to help Sand Key.. As you are aware, the Legg Mason Company is attempting to build yet anotherr high rise hotel on the beach next to 1586 Gulf Blvd. I am 77 years old and have enjoyed the tranquility and beauty of owning a condo at the Harbour on Sand Key for the past 17. years.. The sunsets across the Gulf of Mexico have. been a real inspiration and a spiritual experience in enjoying God's creation. My late husband and I purchased this property in 1991 because it was and has continued to. be a residential neighborhood, not a tourist community. We felt the cost in taxes were well worth the returns from our residential environment. Now this will be taken away if Legg Mason is permitted to build a new hotel beside. the Cabana Club. I and my neighbors oppose the construction of this hotel because: • The hotel will make irreversible changes to. our neighborhood and devalue our property.. This loss in property value will be. a proportional loss in tax revenue for Pinellas County. • We do not want or need any more hotels on Sand Key. • More hotels on Sand Key increases population density, traffic, noise pollution, and air pollution.. • It also creates ecological problems such as further beach erosion and water consumption in the midst of ordinances 4/16/2008 . Page 2 of 2 for water restriction. • An increase in the. population of tourists to. a hotel could also. compromise our safety as more people who are not vested in our neighborhood migrate in and out of Sand Key on a daily basis. • We support Legg Mason's renewal of the Belleview Biltmore Country. Club, but not building on Sand Key.. • The solution is to exclude Sand Key from the City wide increase in hotel rooms. Please work to preclude the construction of any more hotels on Sand Key. Thank you for your careful consideration in the very serious and important decision. Sincerely,. Eunice E. Hanson Use video conversation to talk face -to -face with Windows Live Messenger. Get started! Get in touch in an instant. Get Windows Live Messenger now.. 4/16/2008 . • Page 1 of 1 Wells, Wayne From: Wells, Wayne Sent: Wednesday,. April 16,. 2008 5:47 PM To: 'richard @rjha.net' Subject:. no more building on. sand key - - - -- Original Message---- - From: steven hanson [ mailto :emailshanson @hotmail.com] Sent: Wednesday, April 16, 2008 9:23 AM To: Wells, Wayne Subject: no more building on sand key Dear Mr. Wells: Mr. George Cretekos suggested I contact you regarding the following issue. I am writing to express my strong opposition to any further Hotel building on Sand Key, specifically at the Shopps On Sand Key or next to the Cabana Club at 1586 Gulf Blvd. You have certainly heard all the arguments so I will not recant them to you. However, please do not let the short sighted voracity of a few individuals supersede the welfare of the rest of the community on Sand Key. This is a residential community not a tourist destination. It should remain as such. Thank you for your time and attention to this matter. Sincerely, Steven Hanson Use video conversation to talk face -to -face with Windows Live Messenger. ..Get started! 4/16/2008 • Page 1 of 1 • Wells, Wayne From: Wells, Wayne Sent:. Tuesday, April 15, 2008 9:54 AM To: 'richard @rjha.net' Subject:, FLD2008 -02002 (1590 Gulf. Blvd.) - Hell No! FYI. - - - -- Original Message - - - - From: Watkins, Sherry. Sent: Tuesday, April 15, 2008 8:13. AM To: Wells, Wayne Subject: FW: Case #:FLD2008 -02002 (1590 Gulf Blvd.) - Hell No! - - - -- Original Message---- - From: BernieByte @aol.com [ma ilto: Bern ieByte@aol.com] Sent: Monday, April 14, 2008 5:09 PM To:. Watkins, Sherry Subject: Case #:FLD2008 -02002 (1590 Gulf Blvd.) - Hell No! Dear Sherry: All but the Northern end of Sand. Key is residential. Tearing down the Cabana Club on the South end next to Bellaire Beach to build a hotel there is something none of us Sand. Key residents want including this resident of the Harborage II condo. across the street.. Would you like. a hotel across the street for your house? Besides, the Cabana. Club is a great restaurant and bar that my wife and I, our neighbors' and all of our relatives really enjoy. Please don't screw up our beautiful residential neighborhood with a hotel! The place for that is Clearwater Beach!. Please don't do it, and providing copies to the major and council members would really be appreciated. Sincerely, Bernard (Bernie) Browne Retired Aerospace /Defense Engineer and Manager Also, Author /Publisher 3 books and sole Inventor of "Instant Musician, Recording Artist and Composer (Patent # 6,740,802 ) 240 Sand Key Estates. Drive #68 Clearwater, FI 33767 727- 593 -3717 It's Tax Time! Get tips, forms and advice. on AOL Money. & Finance.. 4/15/2008 V 0 Wells, Wayne From: Wells,. Wayne Sent: Monday, April 14, 2008.10:48 AM To: 'richard @rjha.net' Subject: FLD2008- 02002, 1590. Gulf Blvd. Richard - • Just wanted to let you know that I am. sending to you in the mail. today a package dropped off by Todd Pressman this morning.. It includes a letter of opposition from Mr. Pressman,. along with two aerial photographs showing the views of the beach /water from projects across Gulf Blvd, and a lengthy petition from residents of Sand Key. Wayne M. Wells, A/CP Planner III City of Clearwater 100 South Myrtle Avenue Clearwater, FL 33756 -5520 Phone:. 727 - 562 -4504 Fax: 727 - 562 -48.65 Wells, Wayne From: Wells, Wayne Sent: Monday, April 14, 2008 7:39 AM To: 'richard @rjha.net' Subject: Construction of Legg Mason Hotels FYI - - - -- Original Message---- - From: Yong Sun [mailto:y_ sun @yahoo.com] Sent: Sunday, April 13, 2008 5:17 PM To: Wells, Wayne Subject: Reference: Construction of Legg Mason Hotels April 12, 2008 Reference: Construction of Legg Mason Hotels Dear Wayne Wells I have heard that Legg Mason will build a hotel at 1590 Gulf Blvd. This is really a very bad idea because Sand Key is a residential neighborhood rather than a tourist community. I strongly oppose this proposal because it will severely impact this remarkably.beautiful Sand Key and make irreversible, changes to our neighborhood. Sand Key has very beautiful and attractive scenery. It has been a very good landmark for Clearwater. The proposal of building a hotel here is just not making any sense. It will permanently destroy the beautiful site and make Sand Key less attractive. If more hotels are needed Clearwater beach is the right place to build more hotels rather than Sand Key. This project from Legg Mason is too large for this limited residential space. The building is too big and the proposal is way out of character. It will increase traffic and density and will compromise our safety., I hope you will help us to stop this nonsense project and exclude Sand Key from city wide increase in hotel rooms. Sincerely yours, Yong Sun, Ph.D Do You Yahoo!? Tired of spam? Yahoo! Mail has the best spam protection around http: / /mail.yahoo.com 1 3030 Starkey Boulevard New Port Richey, Florida 34655 ORIGINAL. RECEIVED APR 112008 Letter of Transmittal PLANNING CLE RWATE CITY OF EAWATER Attn: Wayne Wells Date: April 11, 2008 Planning Department Municipal Services Building Address: 100 S. Myrtle Avenue Job No: 2007 -25A -10.01 Clearwater, Florida 33756 Re: Belleview Biltmore Cabana Club From: Cyndi Tarapani Copies Date No. I Description 1 4 -10 -08 1 Original Response Letter from R. Heisenbottle These are Transmitted as Checked Below: ❑ For Approval ❑ For Your Signature ® As Requested ❑ Approved as noted ❑ For Review and Comment ❑ Other: ® For your use ❑ Returned for Revision Comments: Wayne- enclosed is the original response letter for the Cabana Club. Due to Fed Ex delivery times, we were only able to provide copies of the signed letter yesterday with the resubmittal package. I did want you to have the original letter for your file. Thanks. ❑ Please print name below and Signed: return via fax as having been received. If enclosures are not as noted, kindly inform us at once Phone: (727) 849 -7588 — Fax: (727) 848 -3648 • • From: Wells, Wayne Sent: Thursday, April 10, 2008 7:36 PM To: 'richard @rjha.net' Subject: FLD2008- 02002, 1590 Gulf Blvd, Belleview Biltmore Cabana Club Richard - Attached is a Letter of Completeness for the above referenced project. The original letter is being mailed. Wayne M. Wells, A/CP Planner III City of Clearwater 100 South Myrtle Avenue Clearwater, FL 33756 -5520 Phone: 727 - 562 -4504 Fax: 727- 562 -4865 P" letter of pleteness 4.10.1 I . LL April 10, 2008 R J Heisenbottle Architects 2199 Ponce De Leon Blvd Suite 400 Coral Gables, Fl 33134 CI'T'Y OF CLEARWATER PLAN NING.DEPARTMENT MUNICIPAL SERVICES BUILDING 100 SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756 TELEPHONE: (727) 562 -4567 FAX:. (727) 562 -4576 W W W . MYCLEARW ATER. COM VIA FAX:. No Fax RE: FLD2008 -02002 -- 1590. GULF BLVD. -- Letter of Completeness Dear R J Heisenbottle Architects : The Planning Staff has entered your application into the Department's filing system and assigned the case number:. FLD2008- 02002. 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 sufficiencv on May 01, 2008, 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, Wavne Wells. AICP Planner III Letter of Completeness - FLD2008 -02002 - 1590 GULF BLVD 340 MINORCA AVENUE CORAL GABLES FLORIDA 33134 305.446.7799 HEISENBOTTLE A R C H I T E C T S A Professional Association AAC001513 • VIA HAND DELIVERY April 10, 2008 Mr. Wayne Wells, Planner III City of Clearwater Planning Department Municipal Services Building 100 South Myrtle Avenue Clearwater, Florida 33756 RE: Belleview Biltmore Cabana Club FLD2008 -02002 —1590 GULF BLVD Response to Letter of Incompleteness Dear Mr. Wells: • pQR IWON APR 112000 PLANNING DEPARTMENT CITY OF C"WATER On behalf of our Client, Legg Mason Real Estate Investors, we are pleased to submit the following documents and responses for the above referenced project pursuant to the Letter of Incompleteness received from the City of Clearwater, dated April 1, 2008. Enclosed please find the following documents: 1. Revised Flexible Development Application, fifteen copies. 2. Revised Site Plan, including Civil, Architectural and Landscape Plans, fifteen signed and sealed copies. 3. Tree Inventory and Arborist's Report, two copies. 4. Color Site Plans, reduced to 81/2" x 11 ", five copies. 5. Color Building Elevations and Renderings, reduced to 8 1 /2" x 11", five copies. - To facilitate your review, the comments are restated below (in bold) followed by our responses: Comment No. 1: On Page 4 of the application, complete the following: ACKNOWLEDGEMENT OF STORMWATER PLAN REQUIREMENTS (Applicant must initial one of the following): Stormwater plan as noted above is included. Stormwater plan is not required and explanation narrative is attached. At a minimum, a grading plan and finished floor elevations shall be provided. 0 0 Response No. 1: The Flexible Development Application has been revised to indicate that a Stormwater Plan is included. See enclosed revised Application. Comment No. 2: On Sheet C -4, Provide the proposed finished floor elevations of all structures. Response No. 2: The proposed_ finished floor elevation (FFE) and additional FFE Note have been added to the Civil Plans. See Sheet C -4. Comment No. 3: While a Tree Disposition Schedule has been submitted as Sheet L -1 as the tree survey, it states under the Schedule to see the arborist's report. No arborist's report was submitted. Submit two copies. Additionally, only trees on -site have been included. Survey needs to include trees within 25 feet of the property line. Response No. 3: A Tree Inventory by Certified Arborist as prepared and provide by Westenberger Tree Service in included in this submittal package (two copies of report provided). The site plan has been updated to include the existing trees within 25 feet of the property line as identified and located by Florida Design Consultants. See the Existing Conditions and Demolition Plan (Sheet C -2). Comment No. 4: Sheet C -3 — Provide all dimensions, including, but not limited to, proposed setbacks from property lines to structures, width of landscape areas and driveway width. Response No. 4: Additional dimensions for the property setbacks, driveway widths, parking space depths and landscape sizes have been added to the plans. See Sheet C -3. Comment No. 5: Sheet L -2 — Indicate required sight triangles (and show compliance with its standards). Response No. 5: The sight triangle has been indicated on Sheet L -6.01. No Trees are to be located within the sigh triangle and shrubs and/or ground covers shall not exceed 18" in height. • • Comment No. 6: As a courtesy comment (not for completeness), while a loading space is indicated on Sheet C -3, it does not meet the Code requirements for length (35 feet) and is located under the building where there is insufficient height clearance (14 feet). Redesigning to meet Code requirements will impact site design. Response No. 6: Pursuant to Article 3 of the Development Standards, Section 3 -1406, an exception to the requirements may be permitted for a Flexible Development Application, depending on the size of the site and the timing and frequency of deliveries. Comment No. 7: As a courtesy comment (not for completeness), Section 3- 1406.B requires "Stacking spaces" Provisions must be made for stacking and transition of incoming traffic from a public street, such that traffic may not back -up into the public street system." Since Gulf Blvd. is a state right -of- way, Section 3- 1406.B.1 requires such stacking spaces meet the following: "The minimum distance between a state right -of -way and the first parking space or aisleway in a parking lot shall be as set forth in the Florida Department of Transportation (FDOT) Driveway Handbook." Provide documentation such meets this requirement. Alternately, Section 3- 1406.B.6 states "Additional stacking may be required as a condition of site plan approval. The length of the stacking area may be reduced when supported by a traffic study." This traffic study deals solely with the stacking length at the driveway. Response No. 7: The Florida Department of Transportation's System Planning Office Driveway Handbook, March 2005, has been reviewed to determine whether sufficient driveway length will be provided. According to that document, the driveway length is the distance from the edge of the traveled way to the first conflict point. There will be a raised curb on the Cabana Club property to guide drivers into the center of the parking aisle closest to Gulf Boulevard. The distance from the northwest side of this raised curb to the face of curb on Gulf Boulevard is approximately 42 feet. According to Exhibit 36 of the FDOT Driveway Handbook, smaller commercial developments should have a driveway length of 30 feet. It also indicates that smaller commercial developments would include a convenience store with gas pumps, as an example. According to the Institute of Transportation Engineers informational report Trip Generation, Seventh Edition, 2003, a convenience market with gas pumps having a building size of 2,500 square feet would generate over 2,000 vehicle trips per day. The proposed 38 -room hotel is projected to generate 339 trips per day, while the existing 7,653 square feet restaurant generates approximately 688 trips per day. Therefore, the proposed land use of a hotel would fit into the FDOT Driveway Handbook's Smaller Commercial Development category. The proposed 42 feet long driveway length exceeds the 30 feet length requirement indicated in the FDOT Driveway Hand book for this land use and should therefore be acceptable. Comment No. 8: Show the location of all outdoor lighting fixtures. If none, note such. If to be located on the building, note such. Response No. 8: Outdoor lighting fixtures are shown on plan. Refer to sheet A -6.02 Comment No. 9: Dimension all parking areas including landscaping islands and landscape areas. Response No. 9: Additional dimensions for the property setbacks, driveway widths, parking space depths and landscape sizes have been added to the plans. See Sheet C -3. Comment No. 10: On Sheet L -2, show the plant material name /symbol and quantities of all existing and proposed landscape materials by each planting area, indicated by a key relating to the plant schedule. Response No. 10: L -2 is now renamed L -6.02 and shows plant material names and quantities relating to the plant schedule at the bottom of the sheet. 0 • Comment No. 11: On Sheet L -2, the Plant schedule with a key (symbol or label) must indicate the size, specifications, total quantities, and spacing requirements of all existing and proposed landscape materials. Response No. 11: The size, specifications, total quantities, and spacing requirements of all existing and proposed landscape materials have been indicated on Sheet L -6.02. Comment No. 12: Provide irrigation notes. Response No. 12: Irrigation notes are provided on a new Sheet labeled L- 6.04. Comment No. 13: Provide reduced copy site plans (8.5" x 1199). Response No. 13: Enclosed please find full sets of the Cabana Club Site Plans, reduced to 8 -1/2" x 11 ". Comment No. 14: On the building elevations, provide the proposed colors of the various elements of the facade. Provide color swatches /samples of the proposed colors. Response No. 14: Proposed colors are noted on the elevations and color swatches are enclosed. Please refer to sheets: A -6.06, A -6.07 and A -6.08. Comment No. 15: Provide reduced building elevations (all sides — only the front has been submitted) — 8.5" x 11 ". Response No. 15: Enclosed please find reduced building elevations as requested. Comment No. 16: Show on the site plan and landscape plan the location and setback for any proposed freestanding signage. On the building elevations, show the location of any proposed attached signage. • • Response No. 16: It is premature at this point in the development process to prepare specific plans for the project's signage. Any future plan for signs on the site will be addressed and submitted as a separate application. Comment No. 17: On Page 7 of the application, complete the following: Acknowledgement of traffic impact study requirements (Applicant must initial one of the following): Traffic Impact Study is included. The study must include a summary table of pre- and post - development levels of service for all roadway legs and each turning movement at all intersections identified in the Scoping Meeting. Traffic Impact Study is not required. Response No. 17: The Flexible Development Application has been revised to indicate that a Traffic Impact Study is not required. See enclosed revised Application. Comment No. 18: On Page 7 of the application, complete the following: Acknowledgement of fire flow calculations /water study requirements (Applicant must initial one of the following): Fire Flow Calculations/Water Study is included. Fire Flow Calculations/Water Study is not required. Response No. 18: The Flexible Development Application has been revised to indicate that Fire Flow Calculations are included. See enclosed revised Application. . 0 0 If you have any questions, please feel free to contact our office. Very Truly Yours, R.J. Heisenbottl—e Architects, PA Heisenbottle, FAIA c: Jose Penner, Legg Mason Real Estate Investors, Inc., w /encl. omas Reynolds, Randert, Steele, Bole and Reynolds, P.A., w /encl. Cynthia H. Tarapani, AICP, FDC, w /encl. O.C. Cabrera, P.E., Florida Design Consultants, w/o encl. Roy Chapman, P.E., Florida Design Consultants, w/o encl. Ron Ham, Skanska USA, w /encl. Gerry Marston, Wallace Roberts Todd, w /encl. Mel Garcia, Gartek Engineering Corporation, w /encl. Douglas Wood, Douglas Wood & Associates, w /encl. 340 MINORCA AVENUE CORAL CABLES FLORIDA 33134 305.446.7799 HEISENBOULE A R C H I T E C T S • 0 VIA HAND DELIVERY April 10, 2008 Mr. Wayne Wells, Planner III City of Clearwater Planning Department Municipal Services Building 100 South Myrtle Avenue Clearwater, Florida 33756 RE: Belleview Biltmore Cabana Club FLD2008 -02002 —1590 GULF BLVD Response to Letter of Incompleteness Dear Mr. Wells: On behalf of our Client, Legg Mason Real Estate Investors, we are pleased to submit the following documents and responses for the above referenced project pursuant to the Letter of Incompleteness received from the City of Clearwater, dated April 1, 2008. Enclosed please find the following documents: 1. Revised Flexible Development Application, fifteen copies. 2. Revised Site Plan, including Civil, Architectural and Landscape Plans, fifteen signed and sealed copies. 3. Tree Inventory and Arborist's Report, two copies. 4. Color Site Plans, reduced to 8' /z" x 11 ", five copies. 5. Color Building Elevations and Renderings, reduced to 8 1 /a" x 1 F% five copies. To facilitate your review, the comments are restated below (in bold) followed by our responses: Comment No. 1: On Page 4 of the application, complete the following: ORMW ACKNOWLEDGEMENT OF STORMWATER REy PLAN REQUIREMENTS (Applicant must initial AP j ® one of the following): 2008 Stormwater plan as noted above is included. PLANNING ,) Stormwater plan is not required and explanation � narrative is attached. At a minimum, a grading plan and finished floor elevations shall be provided. A Professional Association AAC001513 Response No. 1: The Flexible Development Application has been revised to indicate that a Stormwater Plan is included. See enclosed revised Application. Comment No. 2: On Sheet C -4, Provide the proposed finished floor elevations of all structures. Response No. 2: The proposed finished floor elevation (FFE) and additional FFE Note have been added to the Civil Plans. See Sheet C -4. Comment No. 3: While a Tree Disposition Schedule has been submitted as Sheet L -1 as the tree survey, it states under the Schedule to see the arborist's report. No arborist's report was submitted. Submit two copies. Additionally, only trees on -site have been included. Survey needs to include trees within 25 feet of the property line. Response No. 3: A Tree Inventory by Certified Arborist as prepared and provide by Westenberger Tree Service in included in this submittal package (two copies of report provided). The site plan has been updated to include the existing trees within 25 feet of the property line as identified and located by Florida Design Consultants. See the Existing Conditions and Demolition Plan (Sheet C -2). Comment No. 4: Sheet C -3 — Provide all dimensions, including, but not limited to, proposed setbacks from property lines to structures, width of landscape areas and driveway width. Response No. 4: Additional dimensions for the property setbacks, driveway widths, parking space depths and landscape sizes have been added to the plans. See Sheet C -3. Comment No. 5: Response No. 5: OMIUA ., REM APR 10 2000 PLANNNG i ' 1'i`v ENT CITY OF" CLEMNAVAIER Sheet L -2 — Indicate required sight triangles (and show compliance with its standards). The sight triangle has been indicated on Sheet L -6.01. No Trees are to be located within the sigh triangle and shrubs and/or ground covers shall not exceed 18" in height. Comment No. 6: As a courtesy comment (not for completeness), while a loading space is indicated on Sheet C -3, it does not meet the Code requirements for length (35 feet) and is located under the building where there is insufficient height clearance (14 feet). Redesigning to meet Code requirements will impact site design. Response No. 6: Pursuant to Article 3 of the Development Standards, Section 3 -1406, an exception to the requirements may be permitted for a Flexible Development Application, depending on the size of the site and the timing and frequency of deliveries. Comment No. 7: As a courtesy comment (not for completeness), Section 3- 1406.B requires "Stacking spaces" Provisions must be made for stacking and transition of incoming traffic from a public street, such that traffic may not back -up into the public street system." Since Gulf Blvd. is a state right -of- way, Section 3- 1406.B.1 requires such stacking spaces meet the following: "The minimum distance between a state right -of -way and the first parking space or aisleway in a parking lot shall be as set forth in the Florida Department of Transportation (FDOT) Driveway Handbook." Provide documentation such meets this requirement. Alternately, Section 3- 1406.B.6 states "Additional stacking may be required as a condition of site plan approval. The length of the stacking area may be reduced when supported by a .traffic study." This traffic study deals solely with the stacking length at the driveway. Response No. 7: The Florida Department of Transportation's System Planning Office Driveway Handbook, March 2005, has been reviewed to determine whether sufficient driveway length will be provided. According to that document, the driveway length is the distance from the edge of the traveled way to the first conflict point. RE ' There will be a raised curb on the Cabana Club property to guide drivers into the center of the parking APR 1 ® Zoo aisle closest to Gulf Boulevard. The distance from the PLAl+pG",�IEIV� northwest side of this raised curb to the face of curb on CITY E?F WM''!�e Gulf Boulevard is approximately 42 feet. e ER According to Exhibit 36 of the FDOT Driveway Handbook, smaller commercial developments should have a driveway length of 30 feet. It also indicates that smaller commercial developments would include a convenience store with gas pumps, as an example. According to the Institute of Transportation Engineers informational report Trip Generation, Seventh Edition, 2003, a convenience market with gas pumps having a building size of 2,500 square feet would generate over 2,000 vehicle trips per day. The proposed 38 -room hotel is projected to generate 339 trips per day, while the existing 7,653 square feet restaurant generates approximately 688 trips per day. Therefore, the proposed land use of a hotel would fit into the FDOT Driveway Handbook's Smaller Commercial Development category. The proposed 42 feet long driveway length exceeds the 30 feet length requirement indicated in the FDOT Driveway Hand book for this land use and should therefore be acceptable. Comment No. 8: Show the location of all outdoor lighting fixtures. If none, note such. If to be located on the building, note such. Response No. 8: Outdoor lighting fixtures are shown on plan. Refer to sheet A -6.02 Comment No. 9: Dimension all parking areas including landscaping islands and landscape areas. Response No. 9: Additional dimensions for the property setbacks, driveway widths, parking space depths and landscape sizes have been added to the plans. See Sheet C -3. Comment No. 10: On Sheet L -2, show the plant material name /symbol and quantities of all existing and proposed landscape materials by each planting area, indicated by a key relating to the plant schedule. Response No. 10: L -2 is now renamed L -6.02 and shows plant material 01MMAL names and quantities relating to the plant schedule at R-F the bottom of the sheet. APR 10 2008 P1ANN G PA 7UV?Eiq Ctr� () C M O"h a'A f"EP • • Comment No. 11: On Sheet L -2, the Plant schedule with a key (symbol or label) must indicate the size, specifications, total quantities, and spacing requirements of all existing and proposed landscape materials. Response No. 11: The .size, specifications, total quantities, and spacing requirements of all existing and proposed landscape materials have been indicated on Sheet L -6.02. Comment No. 12: Provide irrigation notes. Response No. 12: Irrigation notes are provided on a new Sheet labeled L- 6.04. Comment No. 13: Provide reduced copy site plans (8.5" x 11 "). Response No. 13: Enclosed please find full sets of the Cabana Club Site Plans, reduced to 8 -1/2" x 11 ". Comment No. 14: On the building elevations, provide the proposed colors of the various elements of the facade. Provide color swatches /samples of the proposed colors. Response No. 14: Comment No. 15: Response No. 15: Comment No. 16: APR ' Q 2000 PLANNR -4G ITIMENT ER Proposed colors are noted on the elevations and color swatches are enclosed. Please refer to sheets: A -6.06, A -6.07 and A -6.08. Provide reduced building elevations (all sides — only the front has been submitted) — 8.5" x 11 ". Enclosed please find reduced building elevations as requested. Show on the site plan and landscape plan the location and setback for any proposed freestanding signage. On the building elevations, show the location of any proposed attached signage. I • Response No. 16: It is premature at this point in the development process to prepare specific plans for the project's signage. Any future plan for signs on the site will be addressed and submitted as a separate application. Comment No. 17: On Page 7 of the application, complete the following: Acknowledgement of traffic impact study requirements (Applicant must initial one of the following): Traffic Impact Study is included. The study must include a summary table of pre- and post - development levels of service for all roadway legs and each turning movement at all intersections identified in the Scoping Meeting. Traffic Impact Study is not required. Response No. 17: The Flexible Development Application has been revised to indicate that a Traffic Impact Study is not required. See enclosed revised Application. Comment No. 18: On Page 7 of the application, complete the following: Acknowledgement of fire flow calculations /water study requirements (Applicant must initial one of the following): Fire Flow Calculations/Water Study is included. Fire Flow Calculations/Water Study is not required. Response No. 18: The Flexible Development Application has been revised to indicate that Fire Flow Calculations are included. See enclosed revised Application. omraq. RE AP? 0 2000 C171Y O: , If you have any questions, please feel free to contact our office. Very Truly Yours, R.J. Heisenbottie Architects. PA c: Jose Penner, Legg Mason Real Estate Investors, Inc., w /encl. omas Reynolds, Randert, Steele, Bole and Reynolds, P.A., w /encl. Cynthia H. Tarapani, AICP, FDC, w /encl. O.C. Cabrera, P.E., Florida Design Consultants, w/o encl. Roy Chapman, P.E., Florida Design Consultants, w/o encl. Ron Ham, Skanska USA, w /encl. Gerry Marston, Wallace Roberts Todd, w /encl. Mel Garcia, Gartek Engineering Corporation, w /encl. Douglas Wood, Douglas Wood & Associates, w /encl. A PI ANN 10 2008 gg q p Cirf OF CL NZ4,i ER FLORIDA DESIGN CONSULTMITS, INC. ENGINEERS, ENVIRONMENTAUSTS, SURVEYORS 8 PLANNERS 3030 Starkey Boulevard New Port Richey, Florida 34655 Letter of Transmittal Attn: Wayne Wells Date: April 10, 2008 Planning Department Municipal Services Building Address: 100 S. Myrtle Avenue Job No: 2007 -25A -10.01 Clearwater, Florida 33756 Re: Belleview Biltmore Cabana Club From: Cyndi Tarapani Copies Date No. Description 1 n.d. 1 Roof Shingle Sample Board, Owens Corning 1 n.d. 2 Building Color Samples, Sherwin - Williams These are Transmitted as Checked Below: ❑ For Approval ❑ For Your Signature ® As Requested ❑ Approved as noted ❑ For Review and Comment ❑ Other: ® For your use ❑ Returned for Revision Comments: Wayne- please include these samples as part of the resubmittal for the Flexible Development Application for the Cabana Club. c: Richard Heisenbottle, w/o encl. Tom Reynolds, w/o encl. ❑ Please print name below and Signed: return via fax as having been received. If enclosures are not as noted, kindly inform us at once Phone: (727) 849 -7588 — Fax: (727) 848 -3648 From:. Wells, Wayne Sent: Thursday, April 10, 2008.7:44 AM To: 'richard @rjha.net' Subject: Cabana Club Owners Vote To Support Legg Mason. Hotel. Project FYI - - - -- Original Message---- - From: George A. Mitrovich [mailto:g.mitrovich @verizon.net] Sent: Wednesday, April 09, 2008 6:12.PM To: Wells, Wayne Subject: Cabana Club Owners Vote To Support Legg Mason Hotel Project Cabana Club Condominium Results Of Vote On Legg Mason Building The Hotel: Cabana Club Owners have received an information package that I sent out, a Ballot and a second information package with an opposing view. The results of the vote are decisive. A: I ACCEPT the Belleview Biltmore development plan as currently presented. 74.2% B: I DO NOT ACCEPT the Belleview Biltmore development plan as currently presented and I authorize the Board to fight the development plan using association funds and board time. 25.8% The owners have mandated that the. board will not use association funds and or board time to fight the development plan. Details of the vote follow: 1. Total Vote As A Percent Of Respondents By Building BUILDING #1 BUILDING #2. A: B: TOTAL A:. B: TOTAL Count 32 12 44 14 4 18 Percent 72.7% 27.3% 100.0% 77.8% 22.2% 100.0% 2. Total Vote As A Percent Of Respondents For Both Building BOTH BUILDING A: B: TOTAL Count 46 .16 .62 Percent 74.2% 25.8% 100.0% 4/10/2008 Page 2 of 2 3. Total Vote. As A Percent Of Owners BOTH BUILDING. A: B: TOTAL. Count 46 .16 .90. Percent .51.1% 17.5% 4. Number Of Owners That Did Not Vote Count 28 Percent 31.1% NOTE: A: I ACCEPT the Belleview Biltmore development plan as currently. presented. B: I DO. NOT ACCEPT the Belleview. Biltmore development plan as currently presented and I authorize. the Board to fight the development plan using association funds and. board time. For your information. George A. Mitrovich Past President Cabana Club Condominium Association 4/10/2008 Wells, Wayne From: Wells, Wayne Sent: Wednesday, April 09,. 2008 11:56 AM To: 'richard @rjha. net' Subject: Cabana Club Owners Vote to support Legg Mason Project. FYI - - - -- Original Message---- - From: Delk, Michael Sent: Wednesday, April 09, 2008 11:31 AM To: Clayton, Gina Cc: Everitt, Steven; Wells, Wayne; Tefft, Robert; Thompson, Neil; Porter, Catherine Subject: FW: Cabana Club Owners Vote to support Legg Mason Project. FYI Michael L. Delk, AICP Planning Director City of Clearwater, Florida myclearwater.com - - - -- Original Message---- - From: Silverboard, Jill Sent: Wednesday, April 09, 2008 11:25 AM To: Horne, William; Delk, Michael Subject: FW: Cabana Club Owners Vote to support Legg Mason Project. FYI - Information Neighborhood Services received on the subject. Jill - - - -- Original Message---- - From: Kronschnabl, Jeff Sent: Wednesday, April 09, 2008 10:45 AM To: Silverboard, Jill Cc: Melendez, Becky; Brown, Shelby; Bates, Dan Subject: FW: Cabana Club Owners Vote to support Legg Mason Project. FYI - - - -- Original Message---- - From: Melendez, Becky Sent: Wednesday, April 09, 2008 10:25 AM To: Kronschnabl, Jeff Subject: FW: Cabana Club Owners Vote to support Legg Mason Project. I am on an email list for Sand Key... does anyone need this information ?? - - - -- Original Message---- - From: George A. Mitrovich [ mailto:g.mitrovich @verizon.net] Sent: Wednesday, April 09, 2008 10:01 AM To: mtdooleyfl @aol.com; linda- 1o555 @msn.com; jacalio @aol.com; herbm @asystems.com; donaldvanw @aol.com; rsimoni2 @tampabay.rr.com; eburzumato @nationsrec.com; caseandsahli @msn.com; gkoenigl @tampabay.rr.com Cc: johnsomers @comcast.net; Robshea @tampabay.rr.com; rzyla @tampabay.rr.com; fbartolini @tampabay.rr.com; arlenemuss @aol.com; 1 DHOP166 @msn.com; rtarsin @aol.com; pressinc @aol.com; betseylurie @aol.com; crescentbeachl @aol.com; abcleary @aol.com; rthac44 @aol.com; mchayka @tampabay.rr.com; wcorderl @tampabay.rr.com; szens @tampabay.rr.com; rjrx007 @aol.com; cabanaclub @verizon.net; marsha111270 @yahoo.com; lrsumer @tampabay.rr.com; RMW767 @aol.com; aldipalo @tampabay.rr.com; southbeach3 @verizon.net; larry @dogtech.com; jofarnham @yahoo.com; Melendez, Becky; anneberle @myspring.com; judith c simmons @yahoo.com; Cretekos, George; papamurphy @aol.com; lighthousetowers @ verizon.net; dickcrowl @aol.com; nfritsch @tampabay.rr.com; Andrews, Wayne; eagleflying @earthlink.net; Doran, John; ejgillesjr @aol.com; dlm773 @verizon.net Subject: Re: Cabana Club Owners Vote to support Legg Mason Project. Cabana Club Condominium Results Of Vote On Legg Mason Building The Hotel: Cabana Club Owners have received an information package that I sent out, a Ballot and a second information package with an opposing view. The results of the vote are decisive. A: I ACCEPT the Belleview Biltmore development plan as currently presented. 74.20 B: I DO NOT ACCEPT the Belleview Biltmore development plan as currently presented and I authorize the Board to fight the development plan using association funds and board time. 25.8 % The owners have mandated that the board will not use association funds and or board time to fight the development plan. Details of the vote follow: 1. Total Vote As A Percent Of Respondents By Building BUILDING #1 BUILDING #2 A: B: TOTAL A: B: TOTAL Count 32 4 18 Percent 72.7% 100.0% 12 44 27.3% 100.0% 14 77.8% 22.2% 2. Total Vote As A Percent Of Respondents For Both Building BOTH BUILDING A: B: TOTAL Count 46 16 62 Percent 74.2% 25.8% 100.0% 3. Total Vote As A Percent Of Owners BOTH BUILDING A: B: TOTAL Count 46 16 90 Percent 51.1% 17.5% 68.9% 4. Number Of Owners That Did Not Vote Count 28 Percent 31.1% NOTE: A: I ACCEPT the Belleview Biltmore development plan as currently presented. B: I DO NOT ACCEPT the Belleview Biltmore development plan as currently presented and I authorize the Board to fight the development plan using association funds and board time. For your information. 2 I/' O George A. Mitrovich Past President Cabana Club Condominium Association �J I� Wells, Wayne From: Wells, Wayne Sent: Thursday, April 03, 2008 5:36 PM To: 'richard @rjha.net' Subject: FLD2008 -02002 (1590 GULF BLVD) FYI - - - -- Original Message - - - -- From: JBIRD400 @aol.com [mailto:3BIRD400 @aol.com] Sent: Thursday, April 03, 2008 10:44 AM To: Watkins, Sherry Cc: Wells, Wayne; Hibbard, Frank; Doran, John; carlen.cretekos @myclearwater.com; Gibson, Paul Subject: FLD2008 -02002 (1590 GULF BLVD) Page 1 of 2 SHERRY, PLEASE INSURE THAT THE FOLLOWING IS DISTRIBUTED TO APPLICABLE CDB MEMBERS, DIRECTOR OF PLANNING, CITY MANAGER, ASST. CITY MANAGER. THANK YOU. JAY & GAIL JORGENSEN 190 SAND KEYESTATES DRIVE CLEARWATER, FLORIDA 33767 RE: CASE #: FLD2008 -02002 (1590 GULF BLVD) TO: PLANNING DEPT, WA YNE WELLS CLEARWATER COMMUNITYDEVELOPMENT BORAD CITYMANAGER ASST. CITYMANAGER DIRECTOR OF PLANNING MAYOR FRANK HIBBARD CITYCOUNCIL MEMBERS ( DORAN,PETERSON,CRETEKOS,GIBSON) SHERRY WATKINS LADIES & GENTELMEN, WE ARE WRITING TO EXPRESS OUR DEEP CONCERNS REGARDING THE LEGG MASONPROPOSED HOTEL CONSTRUCTIONAT THE CURRENT LOCATION OF THE CABANA CLUB, 1590 GULF BLVD. While we welcome a proposed hotel as a replacement for the deteriorating facilities currently occupying the site, we are Opposed to the granting of variances that would allow them to build a larger version of the hotel. Granted, a five star hotel would be a welcome change and upgrade for Sand Key, but not at the cost of squeezing a towering structure onto the limited acreage 4/3/2008 F Page 2 of 2 available. The amended Leggs Mason proposal would also have adverse financial affects on the residents and owners of the adjacent condominiums as well as those that are situated on the Intracoastal side of Gulf Blvd. Please consider the above when making your decision on the matter. Thank you, Jay Jorgensen Gail Jorgensen 190 Sand Key Estates Drive Clearwater, Fl 33 76 7 727 -593 -1672 Planning your summer road trip? Check out AOL Travel Guides. 4/3/2008 Wells, Wayne • From: Wells, Wayne Sent: Wednesday, April 02, 2008 11:53 AM To: 'Cyndi Tarapani' Cc: Watkins, Sherry Subject: Belleview- Cabana Club Cyndi - • As you may be aware at this time, I have completed the "completeness" review for this project and have sent a Letter of Incompleteness citing those items not addressed with the original submission. All other 14 copies of the original application package are still with Sherry Watkins. When submitting the additional information necessary to make the application "complete ", it will be your option to remove the individual sheets with the incomplete information and insert the new revised sheets or submitting a complete new, revised package of sheets (whichever works better /easier for you). Any new information that wasn't part of the original application package will need to inserted into each package (original and 14 copies). Sherry will give to me the new original information for my case file. When you resubmit, it is your responsibility to update the application packages with the new information. If you have any questions, feel free to email or call me. Wayne - - - -- Original Message---- - From: Cyndi Tarapani [mailto:CTarapani @fldesign.com] Sent: Friday, March 28, 2008 12:01 PM To: Clayton, Gina; Wells, Wayne Cc: O Cabrera; richard@rjha.net Subject: RE: Belleview- Cabana Club Wayne -can you please let me know if you still have the complete application or if you need anything else? Our client really needs to re -start the process on your next deadline of April 1 so if you need anything at all, please let me know immediately so I can get it to you. Thanks so much for your help. >>> <Gina.Clayton @myClearwater.com> 3/27/2008 8:34 AM >>> I believe Wayne still has the file. Wayne please let us know if that is incorrect. - - - -- Original Message---- - From: Cyndi Tarapani [mailto:CTarapani @fldesign.com] Sent: Thursday, March 27, 2008 8:26 AM To: Clayton, Gina Cc: O Cabrera; Richard Heisenbottle Subject: Belleview- Cabana Club Gina -just wanted to check and make sure that the Department still has the original submittal we made in February for the Cabana Club. If so, we would request that submittal package to be re- started for the April 1 deadline, as we discussed yesterday. need anything extra, would you please ask Wayne to let me know. so much. 'arapani 'esident, Planning 1 F lorida Design Consultants tarapani @fldesign.com ffice: 727 - 849 -7588 Cell: 727 - 234 -7857 Fax: 727 - 848 -3648 Cyndi Tarapani Vice President, Planning Florida Design Consultants ctarapani @fldesign.com Office: 727 - 849 -7588 Cell: 727 - 234 -7857 Fax: 727 - 848 -3648 1� V . . 0 0 Page 1 of 1 Wells, Wayne From: Wells, Wayne Sent: Wednesday, April 02, 2008 1:23 PM To: 'richard @rjha.net' Subject: Support of cabana FYI - - - -- Original Message---- - From: harvey goodman [mailto:hdgnyse @hotmail.com] Sent: Wednesday, April 02, 2008 10:08 AM To: Wells, Wayne Subject: support of cabana Dear Mr Wells My wife and I are members of the Belleview Biltmore Golf Club and as such, fully support the new plans for the Cabana Project. We are in fact ardent supporters of this plan Sincerely Harvey Goodman Harvey Goodman Go Gators! Any Time, Any Place, Any Sport 4/2/2008 Wells, Wayne 0 From: Wells, Wayne Sent: Tuesday, April 01, 2008 2:41 PM To: 'richard @rjha.net' Subject: FLD2008- 02002, 1590 Gulf Blvd, Belleview Biltmore Cabana Club Richard - Attached is a Letter of Incompleteness for the above referenced project. Please disregard the next paragraph after Comment #18, rather resubmission must be by noon on Thursday, April 10, 2008. The original letter is being mailed. Wayne M. Wells, AICP Planner III City of Clearwater 100 South Myrtle Avenue Clearwater, FL 33756 -5520 Phone: 727- 562 -4504 Fax: 727 - 562 -4865 9lls Letter of )mpleteness 4.1 F�t 0 vater PLANNING DEPARTMENT �CITYOFCLAARWATER ° ea MUNICIPAL SERVICES BUILDING 0 100 SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756 April 01, 2008 R J Heisenbottle Architects 2199 Ponce De Leon Blvd Suite 400 Coral Gables. Fl 33134 TELEPHONE: (727) 562 -4567 FAX: (727) 562 -4576 W W W. MYCLEARWATER. COM VIA FAX: No Fax RE: FLD2008 -02002 -- 1590 GULF BLVD -- Letter of Incompleteness Dear R J Heisenbottle Architects : The Planning Staff has entered your application into the Department's filing system and assigned the case number: FLD2008- 02002. After a preliminary review of the submitted documents, staff has determined that the application is Incomplete with the following comments. 1. On Page 4 of the application, complete the following: ACKNOWLEDGEMENT OF STORMWATER PLAN REQUIREMENTS (Applicant must initial one of the following): Stormwater plan as noted above is included. Stormwater plan is not required and explanation narrative is attached. At a minimum, a grading plan and finished floor elevations shall be provided. 2. On Sheet C -4, Provide the proposed finished floor elevations of all structures. 3. While a Tree Disposition Schedule has been submitted as Sheet L -1 as the tree survey, it states under the Schedule to see the arborist's report. No arborist's report was submitted. Submit two copies. Additionally, only trees on -site have been included. Survey needs to include trees within 25 feet of the property line. 4. Sheet C -3 - Provide all dimensions, including, but not limited to, proposed setbacks from property lines to structures, width of landscape areas and driveway width. 5. Sheet L -2 - Indicate required sight triangles (and show compliance with its standards). 6. As a courtesy comment (not for completeness), while a loading space is indicated on Sheet C -3, it does not meet the Code requirements for length (35 feet) and is located under the building where there is insufficient height clearance (14 feet). Redesigning to meet Code requirements will impact site design. 7. As a courtesy comment (not for completeness), Section 3- 1406.B requires "Stacking spaces: Provisions must be made for stacking and transition of incoming traffic from a public street, such that traffic may not back -up into the public street system." Since Gulf Blvd. is a state right -of -way, Section 3- 1406.B.1 requires such stacking spaces meet the following: "The minimum distance between a state right -of -way and the first parking space or aisleway in a parking lot shall be as set forth in the Florida Department of Transportation (FDOT) Driveway Handbook." Provide documentation such meets this requirement. Alternately, Section 3- 1406.13.6 states "Additional stacking may be required as a condition of site plan approval. The length of the stacking area may be reduced when supported by a traffic study." This traffic study deals solely with the stacking length at the driveway. Letter of Incompleteness - FLD2008 -02002 - 1590 GULF BLVD 0 C ITY OF CLARWATER ° earwater PLANNING DEPARTMENT MUNICIPAL SERVICES BUILDING 100 SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33.756 TELEPHONE: (727) 562 -4567 FAX: (727) 562 -4576 W W W . MYCLEARWATER. C OM April 01, 2008 8. Show the location of all outdoor lighting fixtures. If none, note such. If to be located on the building, note such. 9. Dimension all parking areas including landscaping islands and landscape areas. 10. On Sheet L -2, show the plant material name /symbol and quantities of all existing and proposed landscape materials by each planting area, indicated by a key relating to the plant schedule. 11. On Sheet L -2, the Plant schedule with a key (symbol or label) must indicate the size, specifications, total quantities, and spacing requirements of all existing and proposed landscape materials. 12. Provide irrigation notes. 13. Provide reduced copy site plans (8.5" x 11 14. On the building elevations, provide the proposed colors of the various elements of the facade. Provide color swatches /samples of the proposed colors. 15. Provide reduced building elevations (all sides - only the front has been submitted) - 8.5" x 11 V. 16. Show on the site plan and landscape plan the location and setback for any proposed freestanding signage. On the building elevations, show the location of any proposed attached signage. 17. On Page 7 of the application, complete the following: Acknowledgement of traffic impact study requirements (Applicant must initial one of the following): _Traffic Impact Study is included. The study must include a summary table of pre- and post - development levels of service for all roadway legs and each turning movement at all intersections identified in the Scoping Meeting. _Traffic Impact Study is not required. 18. On Page 7 of the application, complete the following: Acknowledgement of fire flow calculations /water study requirements (Applicant must initial one of the following): _Fire Flow Calculations /Water Study is included. _Fire Flow Calculations /Water Study is not required. - - -- - - -- -- -- - - 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 Thursday, April 10, 2008. If you have any questions, please do not hesitate to contact me at 727 -562 -4504 or Wayne.Wells@myclearwater.com. Letter oflncompleteness - FLD2008 -02002 - 1590 GULF BLVD ` S CITY OF CLEORWATER Clearwater PLANNING DEPARTMENT MUNICIPAL SERVICES BUILDING 100 SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756 TELEPHONE: (727) 562 -4567 FAX: (727) 562 -4576 W W W.MYCLEARWATER. C OM April 01, 2008 Sincerely yours, Wav I Wells Planner III Letter of Incompleteness - FLD2008 -02002 - 1590 GULF BLVD ;., � • Page 1 of 1 Wells, Wayne From: Wells, Wayne Sent: Tuesday, March 25, 2008 1:14 PM To: 'richard @rjha.net' Subject: Proposed Hotel FYI - - - -- Original Message---- - From: Tina Coonce [mailto:cmc @tct.ty] Sent: Tuesday, March 25, 2008 12:14 PM To: Wells, Wayne Subject: Proposed Hotel Re Case #:FLD2008 -02002 (1590 Gulf Blvd.) I am writing to inform you of my opposition to Legg Mason's proposed hotel at the Cabana Club Restaurant Site. Thank you for your consideration. Tina Coonce Cabana Club Condominium Owner 5/2008 r 0 Page 1 of 1 Wells, Wayne From: Wells, Wayne Sent: Tuesday, March 25, 2008 1:14 PM To: 'richard @rjha.net' Subject: #FLD2008- 02002,1590 GULF BLVD.. FYI - - - -- Original Message---- - From: Bob & Patti Rogowicz [ma i Ito: bobandpatrogowicz @tampa bay. rr.corn] Sent: Tuesday, March 25, 2008 10:24 AM To: Wells, Wayne Subject: #FLD2008- 02002,1590 GULF BLVD. DEAR MR. WELLS, WE ARE IN OPPOSITION TO THE CABANA CLUB PROPOSAL TO THE CITY, UNDER FILE #FLD2008- 02002,1590 GULF BLVD. THE PROPOSAL WOULD DRASTICALLY AFFECT VERTICAL VISABILITY,WOULD CRITICALLY CAUSE SIGNIFICANT AND WIDESPREAD NEGATIVE FINANCIAL IMPACTS, IS NOT COMPATIBLE TO THE IMMEDIATE AREA, SEEKS TO FORCE FAR TO MUCH ON THE SITE WITH TOO MANY VARIANCES AND WOULD BE DEVASTATING TO SURROUNDING PROPERTY OWNERS. WE URGE THE DIRECTION TO DEVELOP TO CODE STANDARDS ONLY. THANK YOU, BOB AND PATTI ROGOWICZ, RESIDENTS AND OWNERS, 1621 GULF BLVD #808, 1621 GULF BLVD #PH -B 3/25/2008 FLD2008 -02002 - 1590 Gulf V. Page 1 of 1 Wells, Wayne From: Wells, Wayne Sent: Sunday, March 23, 2008 4:20 PM To: 'richard @rjha.net' Subject: FLD2008 -02002 - 1590 Gulf Blvd. FYI - - - -- Original Message---- - From: Gibson, Paul Sent: Sunday, March 23, 2008 9:48 AM To: Craig_Junkins @mail.ffpl.com; Wells, Wayne; Watkins, Sherry; Doran, John; Petersen, Carlen; Cretekos, George Cc: Hibbard, Frank Subject: RE: FLD2008 -02002 - 1590 Gulf Blvd. Dear Mr. and Mrs. Junkins, The Legg -Mason application for a hotel at the site of the Cabana Club Restaurant is not presently a re- zoning matter. Legg -Mason may apply for more hotel room density if the proposed increase in density units is adopted, at•which time the application would become a matter for the City Council. The Community Development Board ( "CDB ") will be the body reviewing the redevelopment application, if one is filed. I suggest you direct comments and concerns to the CDB and you should feel free to copy the City Council. You can also contact the Planning Department for updates on the application status. Wayne Wells is the City Planner to whom you should contact for Planning Department status. Best regards, Paul Gibson Councilmember City of Clearwater From: Craig_Junkins @mail.ffpl.com [ mailto :Craig_Junkins @mail.ffpl.com] Sent: Fri 3/14/2008 12:03 PM To: Wells, Wayne; Watkins, Sherry; Doran, John; Petersen, Carlen; Cretekos, George; Gibson, Paul Cc: Hibbard, Frank Subject: FLD2008 -02002 - 1590 Gulf Blvd. In advance of your hearings on this matter, we wanted to let you know we are opposed to Legg Mason's plan to build a hotel at the Cabana Club location. We believe the increase in density would adveresly impact what is clearly a residential neighborhood and negatively impact our property value. We implore you to vote against this proposal. Thank you, Craig and Cathy Junkins 1635 Sand Key Estates Ct. 727 -596 -8260 /23/2008 • 0 Page 1 of 1 Wells, Wayne From: Wells, Wayne Sent: Sunday, March 23, 2008 4:14 PM To: 'richard @rjha.net' Subject: Case #:FLD2008 -02002 (159- Gulf Blvd.) FYI - - - -- Original Message---- - From: bbmitch726 @aol.com [ma i Ito: bbm itch 726 @aol.com] Sent: Sunday, March 23, 2008 10:36 AM To: Wells,.Wayne Subject: case #:FLD2008 -02002 (159- Gulf Blvd.) Dear Mr Wells, We reside in condo number 2701 , cabana club condo building number 2. Our condo is the closest to the proposed hotel building. We would like very much to see this project completed. We feel that this Hotel will improve our quality of life and make our property more valuable. Billy and Betty Mitchell Create a Home Theater Like the Pros. Watch the video on AOL Home. 2008 • • Page 1 of 1 Wells, Wayne From: Wells, Wayne Sent: Sunday, March 23, 2008 4:51 PM To: 'richard @rjha.net' Subject: Deny Cabana Club Rezoning/Variance - Case # FLD2008 -02002 (1590 Gulf Blvd) FYI - - - -- Original Message---- - From: MPaysan @aol.com [mailto:MPaysan @aol.com] Sent: Friday, March 21, 2008 7:52 AM To: Wells, Wayne Subject: Fwd: Deny Cabana Club Rezoning /Variance - Case # FLD2008 -02002 (1590 Gulf Blvd) Create a Home Theater Like the Pros. Watch the video on AOL Home. 3/23/2008 0 a Wells, Wayne From: Wells, Wayne Sent: Thursday, March 20, 2008 11:03 AM To: 'richard @rjha.net' Subject: CASE# FLD2OO8- 02002[1590 GULF BLVD Importance: High FYI - - - -- Original Message---- - From: Luciano Veronesi [mailto: veronellsandkey @tampabay.rr.com] Sent: Thursday, March 20, 2008 10:05 AM To: Wells, Wayne Subject: CASE# FLD2008- 02002[1590 GULF BLVD Importance: High SIR, I WOULD NOT LIKE TO SEE ANOTHER HOTEL PRESENT ON SAND KEY. I THINK WE HAVE ENOUGH HIGH PRICE HOTELS AND MEDIUM PRICE HOTELS FOR WHEN FAMILY COME TO VISIT. CLEARWATER BEACH AREA IS THE PLACE FOR MORE HOTELS. I WOULD LIKE TO KEEP THIS AREA MORE RESIDENTIAL SINCE THIS IS MY PERMANENT RESIDENT. LORRAINE ARGO VERONESI Page 1 of 2 Wells, Wayne From: Wells, Wayne Sent: Thursday, March 20, 2008 11:00 AM To: 'richard @rjha.net' Subject: Case #: FLD2008 -02002 (1590 Gulf Blvd.) FYI - - - -- Original Message---- - From: Peter Cunzolo [mailto:pcunzolo @gmail.com] Sent: Wednesday, March 19, 2008 5:41 PM To: Hibbard, Frank Cc: Wells, Wayne; Watkins, Sherry; Doran, John; Petersen, Carlen; Cretekos, George; Gibson, Paul; Manni, Diane Subject: Case # : FLD2008 -02002 (1590 Gulf Blvd.) Dear Mayor and members of the City Council: Please accept this letter as a,compilation of thoughts as to why rezoning efforts to a T classification on Sand Key is not in the best interest of the residents or the residential community. Sand Key is and has always been predominantly a residential community and in my opinion probably one of the crown jewels of Pinellas County. When one considers the commercial aspects of beach going and tourism Clearwater Beach is what comes to mind. Building more hotels would dramatically change the area and in some ways probably not for the better. The Shoppes on Sand Key added to the list of benefits and excellent reasons for my family to personally purchase residential property on Sand Key as opposed to other beach communities. The amenities offered and the convenience of the same were a tremendous benefit and without them we more than likely would have purchased elsewhere. The ability to enjoy the area and take a family walk for ice cream or a morning coffee is an experience I would miss and hate to lose. Development, change and progress are not something I oppose entirely but it must be done in areas that are zoned for that purpose. To change a residential area is something that will either force people to move or cause people to no longer wish to reside on Sand Key and that only would further the decline in property values. Adding high density commercial buildings would more than likely further strain the current infrastructure that, is already in place. Increased water usage, increased electrical usage, increased vehicle emissions do not seem to be a step in the right direction for the community or the environment. The type of vehicle traffic that the residents would be subjected to is very detrimental to the community and those residents that are enjoying the neighborhood. It is clear we as residents understand tourism and the benefits as well as the detriments associated with the same. That said it is also clear why almost all of us on Sand Key chose to live here as opposed to Clearwater Beach. We are a residential area and not a tourist attraction. That is and always has been Clearwater Beach and this is how it should remain. If there is an area in need of more hotel rooms I would hope that the board could consider pointing developers in the direction of Clearwater that could very much use the extra capacity. I respectfully request that you reconsider the increase hotel rooms on Sand Key and not change the demographics of our neighborhood and community. I will also take this time to thank you in advance 'For allowing me the opportunity to share my views on this subject. 11: Page 2 of 2 Sincerely, Peter R. Cunzolo 3/20/2008 - Page 1 of 1 Wells, Wayne From: Wells, Wayne Sent: Wednesday, March 19, 2008 5:42 PM To: 'richard @rjha.net' Subject: CASE #: FLD2008 -02002 (1590 Gulf Blvd) FYI - - - -- Original Message---- - From: Peter Schuster [mailto:email @pschuster.com] Sent: Wednesday, March 19, 2008 4:22 PM To: Wells, Wayne; Watkins, Sherry; Hibbard, Frank; Doran, John; Petersen, Carlen; Cretekos, George; Gibson, Paul Subject: CASE #: FLD2008 -02002 (1590 Gulf Blvd) To Whom It May Concern: As the owner of properties located at 1616 Sand Key Estates Court and 1451 Gulf Blvd (Unit 104), 1 oppose all points regarding Legg Mason's proposed hotel at the Cabana Club Restaurant site, and particularly the usage of ferry transportation through our residential areas. The use is inconsistent with the current long term residential environment. Property values, which have already substantially decreased, will do so even more as a result of this project. Peter Schuster 3/19/2008 . 0 Page 1 of 1 Wells, Wayne From: Wells, Wayne Sent: Wednesday, March 19, 2008 5:39 PM To: 'richard @rjha.net' Subject: CASE #FLD2008 -02002 (1590 GULF BLVD. FYI - - - -- Original Message---- - From: AUDBIRDI3 @aol.com [mailto:AUDBIRDI3 @aol.com] Sent: Wednesday, March 19, 2008 5:32 PM To: Wells, Wayne; Watkins, Sherry; Hibbard, Frank; Doran, John; Petersen, Carlen; Cretekos, George; Gibson, Paul Subject: RE: CASE #FLD2008 -02002 (1590 GULF BLVD. TO THOSE DETERMINING OUR FUTURE ON SAND KEY, WE PURCHASED HERE 21 YEARS AGO AS THE AREA WAS ONE OF THE LESS POPULATED ONES NEAR THE WATER. THE CURRENT "DENSITY PLAN" IS UNACCEPTABLE FOR THE MAJORITY OF OWNERS. WE LIVE HERE ALL YEAR. THIS IS OUR HOME AND COMMUNITY. TO INCREASE THE NUMBER OF HOTELS AND THEIR CAPACITY I.E. THE CABANA CLUB AND PLAN FOR THE SHOPPES, WOULD CHANGE THE AMBIENCE OF SAND KEY TO THE HORROR OF CLEARWATER BEACH. WE ON SAND KEY ARE MOSTLY CONDO OWNERS WITH A THREE TO SIX MONTHS RENTAL REQUIREMENT IN THE BUILDING AND ONLY TO BE RENTED TWICE A YEAR. THE TRANSIENT CROWD BROUGHT WITH THE PURPOSED DENSITY WOULD BRING TRASH TO OUR BEACHES, CRIME, TRESPASSING, LOWER PROPERTY VALUE, AND UNBEARABLE TRAFFIC TO OUR ONLY ROAD, GULF BLVD. PLEASE CHOOSE WISELY. THANK YOU, BILL AND AUDREY PETERSON SHERRY WATKINS, PLEASE DISTRIBUTE THIS REQUEST TO THE CDB MEMBERS, CITY MANAGER, ASST. CITY MANAGER AND DIR. OF PLANNING. THANK YOU. Create a Home Theater Like the Pros. Watch the video on AOL Home. 3/19/2008 Page 1 of 1 Wells, Wayne From: Wells, Wayne Sent: Tuesday, March 18, 2008 7:30 AM To: 'richard @rjha.net' Subject: Case # FLD2008 -02002 (1590 Gulf Boulevard) FYI - - - -- Original Message---- - From: Luigi Del Basso [mailto:1.delbasso @servebase.com] Sent: Tuesday, March 18, 2008 6:08 AM To: Wells, Wayne Subject: Case # FLD2008 -02002 (1590 Gulf Boulevard) Dear Mr Wells. As a resident at 219 Sand Key Estates Drive, I wish to voice my objection to the application by Legg Mason to build a 5 star hotel. We purchased our property in Sand Key as this is not a tourist community. We are concerned with all aspects including height, population density, traffic and noise. Regards Luigi Del Basso CEO www.servebase.com f Please consider the environment before printing this e-mail The views expressed in this email are those of the individual and not necessarily those of Servebase. Should you receive this email in error, do not disclose, copy or take any action in reliance of this transmission but please notify the sender as soon as possible and delete it. 3/18/2008 ` Page 1 of 2 Wells, Wayne From: Wells, Wayne Sent: Monday, March 17, 2008 12:01 PM To: 'richard @rjha.net' Subject: SOS Save Our Shoppes FYI - - - -- Original Message---- - From: Everitt, Steven Sent: Monday, March 17, 2008 11:55 AM To: Michael Foley (E- mail); Wells, Wayne Subject: FW: SOS Save Our Shoppes - - - -- Original Message---- - From: Watkins, Sherry Sent: Monday, March 17, 2008 11:50 AM To: Everitt, Steven Subject: FW: SOS Save Our Shoppes - - - -- Original Message---- - From: Stevens, Elaine F [mailto: Elaine. F.Stevens@questdiagnostics.com] Sent: Monday, March 17, 2008 10:22 AM To: Hibbard, Frank Cc: Watkins, Sherry Subject: SOS Save Our Shoppes I will be attending the upcoming City Council meeting to see first hand how our local government act to represent the people. As you must be aware, the "ground swell" protesting the rezoning the area that now houses the Shoppes of Sand Key is continuing to grow. Many of our frequent visitors are appalled that the city would rezone the property enabling further development of condos or hotels on Sand Key. They as well as the residents use these shops which provide us with a sense of community. We have enough development on the key and I worry about evacuation in the event of a hurricane. Our roads can barely handle the traffic today. Just try to get on and off the road on any day during the season. It is next to impossible. At the CDB meeting, it was suggested that there would be less traffic with a hotel. Mr.. Evertt could not confirm that the data included the trips taken once people arrive. They are likely to have rental cars and go in and out during the day and evening to visit local attractions and restaurants. The data presented was what I would call very high level and decisions should not be made on that analysis. He agreed that a more detailed study would need to be done. All this said, I encourage you to listen to the will of the people and vote against zoning this land as Tourist but instead opt for the more restricted Business option. I would also like to voice my objection to the zoning changes requested by the Biltmore for construction adjacent to the Cabana Club. Sand Key is saturated and it is time to conserve the little space that we have. Please vote NO and stop the madness. Thank you for your consideration Elaine Stevens Landmark Towers 1 3/17/2008 O r Page 2 of 2 ------------------------------------------ The contents of this message, together with any attachments, are intended only for the use of the person (s) to which they are addressed and may contain confidential and/or privileged information. Further, any medical information herein is confidential and protected by law. It is unlawful for unauthorized persons to use, review, copy, disclose, or disseminate confidential medical information. If you are not the intended recipient, immediately advise the sender and delete this message and any attachments. Any distribution, or copying of this message, or any attachment, is prohibited. 3/17/2008 a� Page 1 of 1 Wells, Wayne From: Wells, Wayne Sent: Monday, March 17, 2008 9:27 AM To: 'richard @rjha.net' Subject: Case #: FLD2008 -02002 (1590 Gulf Blvd.) FYI - - - -- Original Message---- - From: BARBGOLF @aol.com [mailto:BARBGOLF @aol.com] Sent: Sunday, March 16, 2008 1:54 PM To: Hibbard, Frank; Doran, John; Petersen, Carlen; Cretekos, George; Gibson, Paul; Wells, Wayne Subject: Re: Case #: FLD2008 -02002 (1590 Gulf Blvd.) I am sending the following email at the request of Mr. and Mrs. Ernest Mortham, who reside at 1591 Gulf Blvd. They do not own a computer and asked me to express their opposition on the above matter. To the Mayor, City Council, and Planning Dept. We cannot believe that you are seriously considering allowing Legg Mason to build a hotel for the Belleview Biltmore on the site of the Cabana Club Restaurant. A similar proposal was defeated about 7 -8 years ago and the reasons have not been changed since. There is not enough room for a decent building, not enough parking unless they encroach on the parking area of the Cabana Club owners, not enough entry driveway room. You would be taking away the residential feeling of the area. Among other things, you would be taking away our beautiful view of the lovely sunsets, which is one of the reasons we bought here 25 years ago. Even though we do not have individual home sites, these condos are our homes. In the case of the Harbour Condominium, if people are boated out to this location, they have to walk across our property. From past experience, many are noisy and inconsiderate, regardless of the time of day or night. We would never have bought here, if there had been a hotel across the street. It was bad enough when the restaurant was more active. The traffic will be even worse. You would be contributing to an even worse housing market on Sand Key if you were to allow this hotel to be built. You will be getting less tax money as prices go down. We can't imagine how awful it will be if there were a hotel across the street. Ernest and Thirza Mortham, 1591 Gulf Blvd., sent by Barbara Ferree, 1591 Gulf Blvd. * * * * * * * * * * * ** *It's Tax Time! Get tips, forms, and advice on AOL Money & Finance. (http: / /money.aol.com /tax ?NCID= aolprf00030000000001) / 11: 0 • Page 1 of 1 Wells, Wayne From: Wells, Wayne Sent: Monday, March 17, 2008 9:25 AM To: 'richard @rjha.net' Subject: Case #: FLD2008 -02002 (1590 Gulf Blvd.) FYI - - - -- Original Message---- - From: BARBGOLF @aol.com [mailto:BARBGOLF @aol.com] Sent: Sunday, March 16, 2008 1:20 PM To: Wells, Wayne; Hibbard, Frank; Doran, John; Petersen, Carlen; Cretekos, George; Gibson, Paul Subject: Re: Case #: FLD2008 -02002 (1590 Gulf Blvd.) To the Mayor, City Council, and Planning Dept. I cannot believe that you are seriously considering allowing Legg Mason to build a hotel for the Belleview Biltmore on the site of the Cabana Club Restaurant. A similar proposal was defeated about 7 -8 years ago and the reasons have not been changed since. There is not enough room for a decent building, not enough parking unless they encroach on the parking area of the Cabana Club owners, not enough entry driveway room. You would be taking away the residential feeling of the area. Even though we do not have individual home sites, these condos are our homes. In the case of the Harbour Condominium, if people are boated out to this location, they have to walk across our property. From past experience, many are noisy and inconsiderate, regardless of the time of day or night. I lived there for over 23 years and would never have bought there, if there had been a hotel across the street. It was bad enough when the restaurant was more active. You would be contributing to an even worse housing market on Sand Key if you were to allow this hotel to be built. Even though I do not live there at the present time, I still own property there and shudder to think how awful it would be if there were a hotel across the street. Barbara Ferree, 1591 Gulf Blvd. * * * * * * * * * * * * ** It's Tax Time! Get tips, forms, and advice on AOL Money & Finance. (http://money.aol.com/tax?NCID=aolprf00030000000001) ',- 17/2008 0 . Page 1 of 1 Wells, Wayne From: Wells, Wayne Sent: Monday, March 17, 2008 9:13 AM To: 'richard @rjha.net' Subject: Case # FLD2008 -02002 (1590 Gulf Boulevard) FYI - - - -- Original Message---- - From: Smithwjr @aol.com [mailto:Smithwjr @aol.com] Sent: Saturday, March 15, 2008 1:29 PM To: Wells, Wayne Subject: Case # FLD2008 -02002 (1590 Gulf Boulevard) Dear Mr. Wells: Please accept this e-mail as documenting our objection to the project proposed by Legg Mason and outlined in the above referenced case. Specifically, the reasons for our objection are detailed in the accompanying attachment. Thank you for your consideration. Lenore J. Smith Wondel Smith, Jr. 230 Sand Key Estates Drive Clearwater, FL 33767 It's Tax Time! Get tips,..forms and advice on AOL Money & Finance. 3/17/2008 Wells, Wayne From: Wells, Wayne Sent: Monday, March 17, 2008 8:40 AM To: 'Cyndi Tarapani' Cc: Richard Heisenbottle Subject: SKCA ZONING COMMENT LETTER i Letter of ,osition from Sai Sorry, when replying, and including the applicant so you will see the reply comment, the attachment doesn't get attached anymore. See this attachment. - - - -- Original Message---- - From: Cyndi Tarapani [mailto:CTarapani @ fldesign.com] Sent: Monday, March 17, 2008 8:36 AM To: Wells, Wayne Cc: Richard Heisenbottle Subject: Re: SKCA ZONING COMMENT LETTER Wayne -the original letter from the Sand Key Civic Association was NOT attached to the e -mail that I received. Can you please send me that letter for our file? Thanks. Cyndi Tarapani vice President, Planning Florida Design Consultants ctarapani @fldesign.com Office: 727 - 849 -7588 Cell: 727 - 234 -7857 Fax: 727 - 848 -3648 >>> <Wayne.Wells @myClearwater.com> 3/14/2008 4:25 PM >>> Mr. van Weezel - As the Planning Department planner assigned to this case, please be advised that your letter contains an error, in that no amendments were resubmitted in March for this application. This application remains in an "incomplete" status. Until a "complete" application has been filed, this case will not be scheduled for Development Review Committee (DRC) review. In addition, there appears to be some misinformation circulating on Sand Key regarding this application, which was acknowledged by Mr. Zimmet, a local attorney, in a phone conversation with'me, today. Except for Mr. Zimmet today, I have only had discussion with Todd Pressman, apparently an owner at 1621 Gulf Blvd. I am receiving many emails and letters from Sand Key residents. Please be advised that, regarding the application for the Cabana Club site at 1590 Gulf Blvd, the Community Development Board (CDB) will take sole action on this application. City Council will not vote on this Flexible Development application. The CDB will conduct a Quasi - Judicial Hearing on this application, once it has been scheduled for such and duly noticed in accordance with City regulations. Section 4- 206.D.2 states: 2. Ex parte communications and expert opinions. Except as provided in this subsection, no member of the community development board or the city commission shall engage in any ex parte communications with any person in regard to the substance of a quasi - judicial matter which is to 1 be considered by the board ocommission, as the case may be • a. Members of the community development board may conduct personal investigations with regard to a quasi - judicial matter pending before them provided that the existence of such investigation or site visit, is disclosed at a public hearing and made a part of the record before final action on the matter. In addition, Section 4- 206.D.3.c states: C. Disclosure of the substance of the subject of any ex parte communications, including the identity of the person, group, or entity with whom the communication took place and all written communications to the community development board, or the hearing officer, if any, which shall be made a part of the record. The CDB members will need to each disclose your this letter and email you have sent to them and this letter and email will be required to be made part of the hearing record when such application is on their agenda. It is recommended that future emails and letters be directed to me. The Planning Department will ensure that all letters and emails sent in regarding this application will be forwarded to the CDB as part of their package they receive from us for all such applications on their agenda. Should you have any questions regarding this application, feel free to contact me by email or by phone (562- 4504). Wayne Wells, AICP Planner III - - - -- Original Message---- - From: DonaldVanW @aol.com [mailto:DonaldVanW @ aol.com] Sent: Friday, March 14, 2008 2:44 PM To: nfritsch @tampabay.rr.com Cc: doreen.dipolito @d - mar.com; radelson2 @verizon.net; thomas @triangledevelopment.com; fdame @yahoo.com; danatallman @urscorp.com; jordan @behardesign.com; Watkins, Sherry; Hibbard, Frank; Doran, John; Petersen, Carlen; Cretekos, George; Gibson, Paul; gina.grimes @myclearwater.com; Wells, Wayne; Everitt, Steven; JACALIO @aol.com Subject: SKCA ZONING COMMENT LETTER Dear Mr. Fritsch: The attached letter is submitted on behalf of the Board of Directors of the Sand Key Civic Association ("SKCA"). The letter further addresses several zoning related issues impacting the residents of Sand Key that are scheduled for future Community Development Board ( "CDB") meetings. The SKCA Board would sincerely appreciate the CDB's consideration of our comments during deliberations on the relevant applications. As mentioned in our.letter, the Board supports the development of a comprehensive zoning overlay /plan for Sand Key, and is prepared to work together with City of Clearwater officials to undertake and complete such a plan. Donald van Weezel Board Secretary It's Tax Time! Get 2 AY f � 6 0 <http: / /money.aol.com /tax ?Nc = aolprf00030000000001> tips, forms and advice on AOL Money & Finance. Page 1 of 2 Wells, Wayne From:. Wells, Wayne Sent: Monday, March 17, 2008 9:09 AM To: 'richard @rjha.net' Subject: Legg Mason Proposal FYI - - - -- Original Message---- - From: greenwdassoc @aol.com [mailto:greenwdassoc @ aol.com] Sent: Saturday, March 15, 2008 10:20 AM To: Wells, Wayne Subject: Legg Mason Proposal Wayne Wellls Planning Dept. Clearwater Dear Mr. Wells, Re: Case #: FLD2008 -02002 (1590 Gulf Blvd.) Please consider the concerns that we have listed below. Sand Key Is A Residential Neighborhood - NOT A Tourist Community Sand Key is a residential neighborhood. We want to keep it that way. This new hotel will change our unique neighborhood forever. I want to Oppose Zoning Changes and Variances LM must obtain a zoning change to build a structure within zoned "Open Space" LM is requesting a variance of an additional 65'. The current zoning is 25' so the aggregate height of the building will be 90' high. and a set back variance from 10 feet to 5 feet. This will bring the hotel to nearly the height of Dan's Island and could be taller if the hotel density code is changed. The hotel will create a tremendous density that is not consistent with the current residential character of Sand Key. Traffic & Garage Facilities Will Adversely Impact Our Residential Community Increased traffic that includes hotel busing of employees, including early in the morning and late at night. Parking spaces LM has allotted are not adequate and could spill into our neighborhood building lots and parks. Hotel guests will share a common driveway with the Cabana Club owners. A Ferry Will Transport Guests Between Bellview Biltmore's Almost 500 Room Hotel and The Cabana Club Hotel The boat will land at a dock abutting The Harbour condominium property Guests will cross residential property and Gulf Blvd. to arrive at the hotel Guest traffic will result in increased liability for surrounding residences. A Hotel, Even A "5 Star Hotel," Will Decrease The Value Of Our Properties In 2000 a similar structure would have devalued the condo units in four 3/17/2008 ' i • • Page 2 of 2 surrounding buildings in the aggregate of $5,000,000. This hotel complex will undermine Clearwater's tax base since property values have sky rocketed since 2000. For all these reasons, we ask that you not allow Legg Mason to move forward with their proposal.. Thank you in advance for understanding our concerns. C. Skardon Bliss and Janet Greenwood Owners Unit 302 The Harbour Sand Key Janet Greenwood, Ph.D., CEP Psychologist /Educational Consultant Greenwood Associates, Inc. 310 South Brevard Ave. Tampa, FL 33606 813 254 -5303 Supercharge your AIM. Get the AIM toolbar for your browser. 3/17/2008 F-1 iit- Wells, Wayne From: Wells, Wayne Sent: Friday, March 14, 2008 12:00 PM To: 'richard @rjha.net' Subject: FLD2OO8 -02002 - 1590 Gulf Blvd. Importance: High FYI - - - -- Original Message---- - From: Craig_Junkins @mail.ffpl.com [ mailto :Craig_Junkins @mail.ffpl.com] Sent: Friday, March 14, 2008 12:03 PM To: Wells, Wayne; Watkins, Sherry; Doran, John; Petersen, Carlen; Cretekos, George; Gibson, Paul Cc: Hibbard, Frank Subject: FLD2008 -02002 - 1590 Gulf Blvd. Importance: High In advance of your hearings on this matter, we wanted to let you know we are opposed to Legg Mason's plan to build a hotel at the Cabana Club location. We believe the increase in density would adveresly impact what is clearly a residential neighborhood and negatively impact our property value. We implore you to vote against this proposal. Thank you, Craig and Cathy Junkins 1635 Sand Key Estates Ct. 727 - 596 -8260 1 A � • Page 1 of 2 Wells, Wayne From: Wells, Wayne Sent: Friday, March 14, 2008 4:26 PM To: 'DonaldVanW @aol.com'; nfritsch @tampabay.rr.com Cc: doreen.dipolito @d - mar.com; radelson2 @verizon.net; thomas @triangledevelopment.com; fdame @yahoo.com; danatallman @urscorp.com; jordan @behardesign.com; Watkins, Sherry; Hibbard, Frank; Doran, John; Petersen, Carlen; Cretekos, George; Gibson, Paul; gina.grimes @myclearwater.com; Everitt, Steven; JACALIO @aol.com; 'CTarapani @fldesign.com'; 'richard @rjha.net' Subject: SKCA ZONING COMMENT LETTER Mr. van Weezel - As the Planning Department planner assigned to this case, please be advised that your letter contains an error, in that no amendments were resubmitted in March for this application. This application remains in an "incomplete" status. Until a "complete" application has been filed, this case will not be scheduled for Development Review Committee (DRC) review. In addition, there appears to be some misinformation circulating on Sand Key regarding this application, which was acknowledged by Mr. Zimmet, a local attorney, in a phone conversation with me today. Except for Mr. Zimmet today, I have only had discussion with Todd Pressman, apparently an owner at 1621 Gulf Blvd. I am receiving many emails and letters from Sand Key residents. Please be advised that, regarding the application for the Cabana Club site at 1590 Gulf Blvd, the Community Development Board (CDB) will take sole action on this application. City Council will not vote on this Flexible Development application. The CDB will conduct a Quasi - Judicial Hearing on this application, once it has been scheduled for such and duly noticed in accordance with City regulations. Section 4- 206.D.2 states: 2. Ex parte communications and expert opinions. Except as provided in this subsection, no member of the community development board or the city commission shall engage in any ex parte communications with any person in regard to the substance of a quasi - judicial matter which is to be considered by the board or commission, as the case may be. a. Members of the community development board may conduct personal investigations with regard to a quasi - judicial matter pending before them provided that the existence of such investigation or site visit, is disclosed at a public hearing and made a part of the record before final action on the matter. In addition, Section 4- 206.D.3.c states: c. Disclosure of the substance of the subject of any ex parte communications, including the identity of the person, group, or entity with whom the communication took place and all written communications to the community development board, or the hearing officer, if any, which shall be made a part of the record. The CDB members will need to each disclose your this letter and email you have sent to them and this letter and email will be required to be made part of the hearing record when such application is on their agenda. It is recommended that future emails - and letters be directed to me. The Planning Department will ensure that all letters and emails sent in regarding this application will be forwarded to the CDB as part of their package they receive from us for all such applications on their agenda. Should you have any questions regarding this application, feel free to contact me by email or by phone (562- 4504). Wayne Wells, AICP Planner III - - - -- Original Message---- - From: DonaldVanW @aol.com [ma i Ito: Dona ldVanW @ aol.com] 3/17/2008 W, : A Page 2 of 2 Sent: Friday, March 14, 2008 2:44 PM To: nfritsch @tampabay.rr.com Cc: doreen.dipolito @d - mar.com; radelson2 @verizon.net; thomas @triangledevelopment.com; fdame @yahoo.com; danata lima n @urscorp.com; jordan @behardesign.com; Watkins, Sherry; Hibbard, Frank; Doran, John; Petersen, Carlen; Cretekos, George; Gibson, Paul; gina.grimes @myclearwater.com; Wells, Wayne; Everitt, Steven; JACALIO @aol.com Subject: SKCA ZONING COMMENT LETTER Dear Mr. Fritsch: The attached letter is submitted on behalf of the Board of Directors of the Sand Key Civic Association ( "SKCA "). The letter further addresses several zoning related issues impacting the residents of Sand Key that are scheduled for future Community Development Board ( "CDB ") meetings. The SKCA Board would sincerely appreciate the CDB's consideration of our comments during deliberations on the relevant applications. As mentioned in our letter, the Board supports the development of a comprehensive zoning overlay /plan for Sand Key, and is prepared to work together with City of Clearwater officials to undertake and complete such a plan. Donald van Weezel Board Secretary It's Tax Time! Gets, forms and advice on AOL Money & Finance_ 3/17/2008 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 CIA ALA 4ei S e A �o e DATE: 3 0� FAX: 3 OS- # i'J - Z% TELEPHONE: 7 7 9 g FROM: Wayne M. Wells TELEPHONE: (727) 562 -4504 SUBJECT: MESSAGE: NUMBER OF SHEETS (INCLUDING THIS PAGE): Z- Page 1 of 1 Wells, Wayne From: Wells, Wayne Sent: Wednesday, March 12, 2008 4:34 PM To: 'richard @rjha.net' Subject: Cabana Club Restaurant Building FYI - - - -- Original Message---- - From: wruhl @bellsouth.net [mailto:wruhl @bellsouth.net] Sent: Wednesday, March 12, 2008 2:36 PM To: Wells, Wayne Subject: Cabana Club Restaurant Building -------- - - - - -- Forwarded Message: -------- - - - - -- From: wruhl @bellsouth.net To: wruhl @bellsouth.net Date: Wed, 12 Mar 2008 18:03:07 +0000 I wish to express my feelings concerning case number FLD2008 -02002 (1590 Gulf Blvd). My wife and I own a unit at 1621 Gulf Blvd., across the street from The Cabana Club Restaurant. We will be directly affected if you allow Legg Mason a variance. We bought in ISK in 1995 because this is a very desirable residential community. We believe the height and set back restrictions now in place should be enforced, and that the highest responsibility of government is to protect it's citizens. For obvious reasons this residential area is not a place for a hotel. We are asking you to require any developer,even Legg Mason, to keep our community a very desirable place to live. They can develop their without changing the existing regulations, and we ask you to use your considerable influence to assure we are not adversely affected. Thank You Owner in ISK, 1621 Gulf Blvd. 3/12/2008 0 0 Wells, Wayne From: Wells, Wayne Sent: Wednesday, March 12, 2008 1:51 PM To: 'richard @rjha.net' Subject: Cabana club FYI - - - -- Original Message---- - From: Cretekos, George Sent: Wednesday, March 12, 2008 1:43 PM To: Wells, Wayne Subject: FW: cabana club fyi - -gnc - - - -- Original Message---- - From: Cretekos, George Sent: Wednesday, March 12, 2008 1:41 PM To: 'wonderchef50 @hotmail.com' Subject: cabana club Mrs. Ardith Shipley 1621 Gulf Boulevard Clearwater, FL 33767 Dear Mrs. Shipley: Thank you for expressing your concerns over the proposed redevelopment of the "Cabana Club" property on Sand Key. It is my understanding that once a completed application for a change in the development plan has been presented by the Legg -Mason developers , it will be considered by the City of Clearwater's Community Development Board. There is no zoning application pending since the property is currently zoned "C" (commercial). I am told that the City Council will review the application only if the developer requests an increase in density to 60 units per acre instead of the allowed base density of 40 units per acre. In the meantime, you may wish to express your concerns directly to the Community Development Board's staff representative (wayne.wells @myclearwater.com) who will make sure that your concerns are made known to the board or by attending one of its meetings which are held on the third Tuesday of each month. Again, thank you for taking time to advise me of your views, and with warmest, personal regards, I am Sincerely, -- george n. cretekos member, clearwater city council 727 - 562 -4050 george.cretekos @myclearwater.com (please note that under florida's public record laws, written communications, including e- mails, to and from members of city council regarding official business are public record and will be made available to all members of the clearwater city council and the press) Wells, Wayne From: Wells, Wayne Sent: Tuesday, March 11, 2008 5:05 PM To: 'richard @rjha.net' Cc: Clayton, Gina Subject: Cabana Club Richard - Thought you might want to know where Todd Pressman is coming from. Wayne - - - -- Original Message---- - From: 7278041760 [mailto:pressinc @ aol.com) Sent: Tuesday, March 11, 2008 4:56 PM To: Wells, Wayne Subject: RE: Cabana Club No, I am in Isle of Sand Key, 1621 G ulf blvd... and paying TONS of city property taxes! - - - -- Original Message---- - From: <Wayne.Wells @myClearwater.com> Sent: Tuesday, March 11, 2008 3:07 PM To: PressInc @aol.com <PressInc @aol.com> Subject: Cabana Club Todd - You have indicated in your emails that you are "a citizen affected by the Cabana proposal." Could you please elaborate as to how you are affected? Do you own a unit in the Cabana Club condominiums? Wayne M. Wells, AICP Planner III City of Clearwater 100 _South Myrtle Avenue Clearwater, FL 33756 -5520 Phone: 727 - 562 -4504 Fax: 727 - 562 -4865 FLAGS (XAOL- GOODCHECK -DONE XAOL- RECEIVED XAOL- GOOD)) 1 Page 1 of 1 Wells, Wayne From: Wells, Wayne Sent: Tuesday, March 11, 2008 4:17 PM To: 'richard @rjha.net' Subject: Cabana Club FLD2008 -02002 - 1590 Gulf Blvd FYI - - - -- Original Message---- - From: PhyllisZeno @aol.com [mailto:PhyllisZeno @aol.com] Sent: Tuesday, March 11, 2008 3:51 PM To: Wells, Wayne Subject: Cabana Club FLD2008- 02002. 1590 Gulf Blvd/ Dear Mr. Wells: am a resident of the Cabana Club as well as vice president of the Board. As the owner of a three bedroom unit on the south end of Building 2 at the Cabana Club, it is extremely disheartening to think that you would allow the altering of variances to permit Legg Mason to erect a seven story hotel .just 25 feet from three of my bedroom windows. The noise, the traffic, the excessive numbers of people on the beach at night, disrupting our serenity is unspeakable. I bought this condo in the year 2,001, thinking my children would eventually retire and live here, but all three families are so horrified at the thought of living next to a hotel, that they will probably put me in a nursing home and get rid of this lovely residence. Please don't let them destroy it for me. Sincerely, Phyllis W. Zeno Cabana Club It's Tax Time! Get tips forms and advice on AOL Money & Finance. 3/11/2008 • Page 1 of 1 Wells, Wayne From: Wells, Wayne Sent. Tuesday, March 11, 2008 3:46 PM To: 'richard @rjha.net' Subject: Case #: FLD2008 -02002 ( 1590 Gulf Blvd.) FYI - - - -- Original Message---- - From: Debbie Ryan [mailto:debjryan @gmail.com] Sent: Tuesday, March 11, 2008 3:36 PM To: Wells, Wayne; Doran, John; Petersen, Carlen; geopge .cretekos @myclearwater.com; paul.gobson @myclearwater.com Cc: Watkins, Sherry Subject: case #: FLD2008 -02002 ( 1590 Gulf Blvd.) I would like to take this opportunity to oppose Legg Mason's proposal to build a" 5 Star" hotel and 2 restaurants to replace the Cabana Club Restaurant. One huge concern is that the reisdential community that Sand Key uniquely is will be changed forever and that the sheer inumber of tourists brought in by this proposal will increase traffic, noise, and cause parking space problems within this quiet community. The proposed ferry will bring tourist guests right in front of my house by traveling the canal that currently houses private marinas and boat slips of the residents of Marina del Rey, Harbour, and The Moorings. The reason my family bought here on Sand Key, like most of our neighbors on this part of the island, is because of the more permanent, residential character of the area and bringing a hotel like this into Sand Key will destroy the nature of this community. Additionally, we know our property values would be devalued if a building of this nature is allowed. There doesn't seem to be anything good about this proposal other than money in the pockets of the developer. 3/11/2008 Page 1 of 5 Wells, Wayne From: Wells, Wayne Sent: Tuesday, March 1 1, 2008 3:02 PM To: 'richard @rjha.net' Subject: Pressman FYI - - - -- Original Message---- - From: Clayton, Gina Sent: Tuesday, March 11, 2008 2:40 PM To: Wells, Wayne Subject: FW: Pressman - - - -- Original Message-=-- - From: PressInc @aol.com [mailto:PressInc @aol.com] Sent: Tuesday, March 11, 2008 1:32 PM To: Clayton, Gina Cc: Mtdooleyfl @aol.com; WONDERCHEF50 @HOTMAIL.COM; Cynthia @ProRemLaw.com; mnovakjr @tampabay.rr.com Subject: Re: Pressman I would take the greatest liberty possible in suggesting that you need to clarify this with the Sand Key Civic Assoc. and that newspaper. The Assoc. web site carries an article on the matter that quotes Mr. Delk as stating otherwise. To Others, the City Planner's comments (Gina Clayton) are in bold black below. Bottom line: the proposed hotel density issue coming theu the City will be in effect on areas on Sand Key unless specifically removed by the City Commission. I only have the one contact for the Assoc., if you have another contact for the Association, please pass this along. Thanks. In a message dated 3/11/2008 1:20:26 P.M. Eastern Daylight Time, Gina.Clayton @myClearwater.com writes: - - - -- Original Message---- - From: PressInc @aol.com [mailto:PressInc @aol.com] Sent: Tuesday, March 11, 2008 11:11 AM To: Clayton, Gina Cc: mike.delk @myclearwater.com; Cynthia @ProRemLaw.com; WONDERCHEF50 @HOTMAIL.COM Subject: Re: Pressman Thanks, Gina. My comments in red below. Also, the article that quotes Mike Delk saying Sand Key is not affected is copied below, and a link is attached. 3/1.1/2008 0 0 Page 2 of 5 This is causing huge confusion misconceptions and misunderstandings. Please respond to my comments below. Thank you. In a message dated 3/11/2008 8:43:12 A.M. Eastern Daylight Time, Gina.Clayton @rhyClearwater.com writes: Todd - see my comments below. - - - -- Original Message---- - From: PressInc @aol.com [mailto:PressInc @aol.com] Sent: Monday, March 10, 2008 9:04 PM To: Clayton, Gina Subject: Pressman The Mayor said I should ask you on this...thanks: Mayor: There is confusion and misinformation throughout Sand Key on the currently proposed density issue. The public is confused and has been hearing conflicting information regarding this issue. I had seen an article in the paper quoting Mr. Delk as saying the proposed ordinance could not be applied on sand Key. [Clayton, Gina] I believe the paper was referencing the Clearwater Beach proposal. No - I may be wrong here - it seems the article was definitively stating some comments about Sand Key. See copy below and the link to the story - that is on the Sand Key Assoc. web site. [Clayton, Gina] Regardless of what the paper said the PPC adopted alternative densities could apply to any property with a Resort Facilities Hight, Commercial General, Industrial Limited and Commercial Limited and Residential /Office Retail Land use category. We are proposing some different for Clearwater Beach. The simple question and clarification is, can the proposed hotel density increase ordinance coming thru the City right now, at the CDB this March 20th, be applied and used on Sand Key? This question would include the "T" zoned site under contention next to the Marriot and the Cabana Club proposal at the South end of the City on Sand Key? [Clayton, Gina] The proposed amendments to the Comp. Plan and Code would make the alternative hotel densities (consistent with those approved by the PPC) available to properties designated: Resort Facilities High, Commercial General, Commercial Limited, Residential /Office /Retail and Industrial Limited. I would ask with great liberty for the many citizens involved that you specifically state if the alternative density plan would be applicable to the 2 sites currently under contention on Sand Key: 1590 Gulf Blvd., the pending Cabana Hotel project at 1590 Gulf Blvd. and the "T zoned site also proposed for hotel, next to the Marriot, referred to as the "The Shoppes Issue ". [Clayton, Gina] There are several properties on Sand Key that would be eligible for increasedhotel density. The Marriott, the Shoppes and the Cabana 3/11/2008 Page 3 of 5 Secondly, Gina, again for the many citizens involved, can the Council, and a recommendation by staff, exclude geographical areas that are deemed not fit to.be included under the alternative hotel density proposal? In other words, can the Council, and the staff thru a recommendation, seek to exclude all of Sand Key from the pending alternative hotel density plan? This question is asked of course, if the alternative hotel density ordinance can be applied in anyway to Sand Key. [Clayton, Gina] City Council has authority to apply the recently adopted changes how they choose. I will communicate my extreme objection to the Cabana Club proposal and I can well assure you that there are many, many, many citizens also against and upset about that Cabana Club proposal. I want to be clear that as a citizen affected by the Cabana proposal, I am 100% against the proposal if it applies to Sand Key in any form, as is virtually every citizen I have spoken to. I hope to hear back very soon. Thank you. Todd Pressman, President, Pressman & Assoc., Inc. 28870 U.S. Highway 19, N., #300 Clearwater, FL 33761 Cell, 727 - 804 -1760. Ofc. 727 - 726 -8683. Fx. 727 -669 -8114. Alt. Fx. 727 - 725 -2933 It's Tax Time! Get tips, forms and advice on AOL Money & Finance. 0 Higher hotel density may rejuvenate tourism By LESTER k. DAILEY Article published on Wednesday, Feb. 20, 2008 Y CLEARWATER lx, http: / /www.tbnweekly.com /pubs /clearwater_ citizen/ content _articles /022008_cit- 03.txt# — Developers know that it Photo by LESTER DAILEY takes 150 to 210 Clearwater's planning director, Michael Delk, answers hotel rooms per residents' questions. acre to be profitable, but it only takes 30 condominium units. That's why the condo - building boom of the last few years has resulted in a shortage of affordable hotel rooms on Clearwater Beach and a subsequent decline in tourism. 3/11/2008 Page 4 of 5 "Tourism is what drives the engine in Clearwater and many of our gulf -side communities; this is a tourist destination," Sheila Cole, executive director of the Clearwater Beach Chamber of Commerce, told the audience at a meeting in the Clearwater Beach Recreation Center on Feb. 13 to address the problem. "It's important to the economic viability of the area that tourism remain its number one industry ... (But) we are short about 1,200 rooms. How do you tell people that there's no room at the inn ?" Last fall, the.Pinellas Planning Council agreed to allow Pinellas cities to increase the density in areas zoned tourist or commercial from the previous 50 units per acre to 75 units on parcels of one acre or less, 100 units on parcels of 1 -3 acres or 125 units per acre on parcels of three or more acres. Next month, Clearwater planners will likely ask the City Council to adopt the new PPC guidelines. In addition, the city's Planning Department has come up with a proposal to create a density pool of 1,385 rooms that can be given to developers as an incentive to build mid -size, mid -price hotels that would otherwise be barred by density restrictions. "The pool issue would apply only to the area covered by Beach by Design," said Michael Delk, Clearwater's planning director. "It would not analy anvwhere else in the city." But several Sand Key residents either thought the plan would apply to their island or feared the spillover effect if nearby Clearwater Beach is more densely developed So many of them denounced the plan that one Clearwater Beach resident complained that Sand Key residents were hogging the microphone. "I want Clearwater Beach to be a resort," Sand Key resident Gene Gillespie said. "I think everybody on Sand Key deplores the loss of hotel rooms here." But he and other Sand Key residents expressed fear that the density pool would destroy the residential ambiance of their island and drive up the taxable values of properties on both Clearwater Beach and Sand Key. Belk reiterated that the density pool would not apply to Sand Key, and the new PPC density limits, if adopted by Clearwater, would apply only to the island's two hotels. The Shoppes on Sand Key would not be affected unless the_ city both adopts the PPC limits and grants the owner's request to rezone the shopping center to tourist. The reaction-to the proposed density pool was mixed. "I'd like to be able to get on and off the island," Clearwater Beach Neighborhood Association member Allen Avery told the planners. "But we do need those replaced hotel units. I think the formula you've come up with is about the best 3/11/2008 ' Page 5 of 5 you can do, and I support it." Former Clearwater Councilman David Hemerick disagreed. "I think it is a terrible idea to increase the density on Clearwater Beach," Hemerick said, adding that increased density would "create a disparity, not Lpa�rity. Article published on Wednesday. Feb. 20, 2008 LINK: http: / /www.tbnweekly.com /pubs /clearwater citizen /content articles /022008 cit- 03.txt Todd Pressman, President, Pressman & Assoc., Inc. 28870 U.S. Highway 19, N., #300 Clearwater, FL 33761 Cell, 727 - 804 -1760. Ofc. 727 - 726 -8683. Fx. 727 - 669 -8114. Alt. Fx. 727 - 725 -2933 It's Tax Time! Get tips, . forms and advice on AOL Money & Finance. Todd Pressman, President, Pressman & Assoc., Inc. 28870 U.S. Highway 19, N., #300 Clearwater, FL 33761 Cell, 727 - 804 -1760. Ofc. 727 - 726 -8683. Fx. 727 - 669 -8114. Alt. Fx. 727 - 725 -2933 It's Tax Time! Get tips, forms and advice on AOL Money & Finance. 3/11/2008 ., � :, . • Pagel of 3 Wells, Wayne From: Wells, Wayne Sent: Tuesday, March . 1, 2008 10:03 AM To: 'richard @rjha.net' Subject: Shoppes on Sand Key /Hotel rooms increase Richard - While this is more related to a proposed density change for hotels and a rezoning application for the Shoppes on Sand Key, this email also refers to the Cabana Club. Thought you should know. Wayne - - - -- Original Message---- - From: Watkins, Sherry Sent: Tuesday, March 11, 2008 9:16 AM To: Wells, Wayne; Everitt, St given; Tefft, Robert Cc: Clayton, Gina; Thompson, Neil; Porter, Catherine; Delk, Michael Subject: FW: Shoppes on Send Key /Hotel rooms increase FYI Sherry Watkins Administrative Analyst Planning Department 727 -562 -4582 - - - -- Original Message---- - From: DufferRose @aol.com [mailto:DufferRose @aol.com] Sent: Tuesday, March 11, 2008 6:44 AM To: Watkins, Sherry Cc: saveourshopsatsandkey @live.com Subject: Shoppes on Sand Key /Hotel rooms increase Dear Ms. Watkins: Could you send my email on i o all the members of the Clearwater Community Development Board (CDB) Members The City Manager The Assistant City Mangier and The Director of Planning? Thank you. To: Clearwater Community Development Board (CDB) Members The City Manager The Assistant City Manager The Director of Planning I am a resident and propertt owner on Sand Key, Clearwater, Florida (1582 Gulf Boulevard, #1207, Sand Key, Clearwater, 33767). I have heard that the City of Clearwater is considering increasing the number of hotel rooms that can be placed on a parcel of land per acre.. 3/11/2008 Page 2 of 3 • Please do not increase the number of hotel rooms for Sand Key. There are already a sufficient number of hotel rooms available on Sand Key and it A RESIDENTIAL ISLAND, NOT A "TOURIST" DESTINATION ISLAND. That is why I purchased my condo to retire in, about 6 years ago. I am a native Floridian, though currently a Denver, Co. resAent, but I am here at least 6 months per year. We chose Sand Key for its quiet, residential and safe ambiance. Please respect all of the residents of Sand Key's wish to remain living i 1 what Sand Key is, a neighborhood composed of good neighbors: to the City of Clearwater and to each other. We bring the City of Clearwater a very large portion of its revenue and we use very little of its resources. We pay to groom our own bcaches. We use next to none of your fire and police departments and schools. We are very good neighbors (and citizens) to the City of Clearwater. Clearwater Beach can certainly handle more hotel rooms since they lost so many in the past few years (to large condo projects). I am also sending this letter to ask you to take much careful thought and consideration into the final decision and to deny a "Tourist" zoning for the Shoppes on Sand Key. Every resident I have spoken to agrees with me and we do not want to lose our small shops and restaurants on Sand Key where we shop, bank and dine out. Please vote to deny the new designation of "tourist," rather than the previous designation of "commercial" for the zoning on that parcel of land. Sand Key is a very quiet, residential neighborhood and these shops are an important part of our entire community. A new hotel wiI negatively impact the traffic and water usage in the North end of Sand Key and will also impact those of us who drive north into Clearwater to spend out tax dollars (backed -up traffic? We'll head south and spend our dollars in Largo or Indian Rocks /St Pete). You could also potentially be driving away any new buyers from Sand Key. We have already been dealing with the construction of the Bellaire Bridge (delays, congestion, noise, etc.) and will be for another 2 years. Add in the construction of another hotel (and then another if the Cabana Club hotel project proceeds) and it is no longer the desirable residential destination that is has been for so long. Adding hotel rooms to increase taxes doesn't make much sense when the City's revenue will go down as our condo property taxes decre,zse due to our condos' devalued prices. That could be just one of the results of Sand Key becoming just another tourist beach town like Clearwater Beach. Please add the new hotels to Clearwater Beach -where they were lost due to the condo projects there! They will be well supported by the current restaurants, put -putt golf, fun parks, T -shirt and souvenir shops already in place. The Shoppes on Sand Key are also a major contributor to the quality of life to the Sand Key residents. We consider it our "town square" - it's where we gather as a community. Please let's keep Sand Key residential and safe and not add another hotel. I have always felt safe when I walk my dog late at night and again that is a factor for me especially. Adding more transients to our neighborhood reduces my feelings of security (which was one reason I live here instead of Longboat Key). Thank you for taking the time to study this issue and come down on the side of the your Sand Key constituents. We packed your meeting rooms at the Feb. 19th Public Hearing for a reason - we are very much against this zoning. Plnase consider how strongly public opinion is to deny the zoning for "tourist" on 3/11/2008 � � • Page 3 of 3 this parcel of land. I am completing a petition and mailing it in - I was out of town and unable to attend the first meeting, but I will attend the City Council 'ublic Meeting on March 20th with many other who are very impassioned about this issue. Sincerely, Julie M. Rose It's Tax Time! Get tips, forms and advice on AOL Money & Finance. 3/11/2008 . • Page 1 of 1 Wells, Wayne From: Wells, Wayne Sent: Tuesday, March 11, 2008 11:53 AM To: 'richard @rjha.net' Subject: FW: Case #FLD2008 -02002 FYI - - - -- Original Message---- - From: realtwin2l @aol.com [mailto:realtwin2l @aol.com] Sent: Tuesday, March 11, 2008 11:28 AM To: Wells, Wayne; sherry.watkins @clearwater.com; Hibbard, Frank Subject: Case #FLD2008 - 020`)2 To whom it may concern, We are opposed to the proposed hotel at the Cabana Club restaurant site. There is no reason to modify zoning of this property. We are happy with the existing zoning, set backs and density. Denise Rossi Donna Rossi Robert Barth 1621 Gulf Blvd # 605 Clearwater FL 33767 Supercharge your AIM. Get the AIM toolbar for your browser. 3/11/2008 10 0 Page 1 of 1 Wells, Wayne From: Wells, Wayne Sent: Tuesday, March 11, 2008 12:04 PM To: 'richard @rjha.net' Subject: CASE #FLD2008 -02002 (1590 GULF BLVD) FYI - - - -- Original Message---- - From: Bob & Patti Rogowicz [ma i Ito: bobandpatrogowicz @tampa bay. rr.com] Sent: Tuesday, March 11, 2008 12:00 PM To: Wells, Wayne Cc: Watkins, Sherry Subject: CASE #FLD2008 -02002 (1590 GULF BLVD) MR. WAYNE WELLS, MY WIFE AND I WOULD LIKE TO GO ON RECORD THAT WE BOTH OPPOSE THE DEVELOPMENT OF THE CABANNA CLUB PROJECT. AS OWNERS OF TWO CONDO'S AT 1621 GULF BLVD,(UNITS 808 AND PH -B) WE ARE AGAINST MORE HOTELS, HEIGHT VARIANCES, THAT WILL DESTROY THE VIEW ON BOTH UNITS AND SET BACK VARIANCES. WE ALSO DISAGREE WITH LEGG MASON PURCHASING A BOAT SLIP THAT WILL ALLOW A FERRY TO TRANSPORT GUESTS BETWEEN BELLEVIEW BILTMORE'S ALMOST 500 ROOM HOTEL AND THE CABANNA CLUB HOTEL.GUEST TRAFFIC WILL RESULT IN INCREASED LIABILITY FOR SURROUNDING RESIDENCES & INCREASED NOISE TO THE PEACE & DIGNITY OF SAND KEY. WE BOTH LOVE SAND KEY AND WE ARE CONFIDENT THAT WE HAVE OFFICIALS THAT WILL MAKE THE RIGHT DECISION TO OPPOSE HIGH -RISE BUILDINGS,OVERDEVELOPMENT AND INCREASED LIABILITY. THANK YOU, BOB AND PATTI ROGOWICZ, 1621 GULF BLVD,# 808 727 - 798 -7351 3/11/2008 • Wells, Wayne From: Wells, Wayne Sent: Tuesday, March 11, 2008 7:45 AM To: 'richard @rjha.net' Subject: Email of opposition re Cabana Club Richard - 0 Forwarded is an email I received in opposition to the Cabana Club application. Wayne - - - -- Original Message---- - From: Yong Sun [mailto:y__sun@yahoo.com] Sent: Monday, March 10, 2008 7:18 PM To: Wells, Wayne Subject: Reference: FLD2008- 02002, 1590 Gulf Blvd. March 10, 2008 Reference: FLD2008- 02002, 1590 Gulf Blvd. Dear Wayne Wells, I have heard that a hotel will be build at 1590 Gulf Blvd. This is really a very bad idea. I strongly oppose this proposal bec&use it will severely badly impact this remarkably beautiful area in Sand Key. This project will damage and impact.Sand Key in a very bad way. Sand Key has very beautiful and attractive scenery. It has been a very good landmark for Clearwater beach. The proposal of building a hotel here is just not making any sense. It will permanently destroy the beautiful site and make Sand Key less attractive. This project is too larc,e for this small site. The building is too big. The proposal is way out of character. I hope you will help us to stop this nonsense project that will destroy this beautiful community. Sincerely yours, Yong Sun, Ph.D Looking for last minute shopping deals? Find them fast with Yahoo! Search. http: / /tools. search. yahoo .com /newsearch /category.php? category= shopping 1 � 40 • Page 1 of 2 Wells, Wayne From: Wells, Wayne Sent: Monday, March 10, 2008 7:35 AM To: 'richard @rjha.net' Subject: Legg Mason's Proposed Hotel- Case #FLD2008 -02002 FYI - - - -- Original Message---- - From: Martin J Curry [mailto:mjcurryl021 @verizon.net] Sent: Sunday, March 09, 2008 8:01 PM To: Wells, Wayne; Hibbard, Frank; George.Creteko @myclearwater.com; Gibson, Paul; Doran, John; Petersen, Carlen Subject: Legg Mason's Proposed Hotel - Case #FLD2008 -02002 As full -time residents at the Isle of Sand Key Condominium, we want to convey our strong objection to the construction of a hotel on the site of the present Cabana Club Grill and Bar. Our objection is based on the following: 1. The decision to buy our unit on the second floor of ISK was based on our expectation of a modest view of the gulf. Any variance to the present height would destroy what view we have now. 2. The decision made years back, which allowed a bar and grill to operate in a purely ressidential area, was a foolish mistake by the City. Let's not compound it. Loud outdoor music at the Cabana has been a nusiance! 3. Increased pedestrian and vehicular traffic, noise and parking problems are uneeded. 4. A proposed ferry with its attendant problems - pedestrian traffic, noise from loud talking and at times raucous behavior is unwelcomed. This is truly a residential area. Please do that you can to support the continuation of this designation. Sincerely, 3/10/2008 0 Page 2 of 2 Martin & Josephine Curry Margaret Corbo Isle of Sand Key 1621 Gulf Blvd Unit 204 Clearwater FL 33767 3/10/2008 't r • • RAHDERT, STEELE, BOLE & REYNOLDS, P.A. ATTORNEYS AT LAW THE ALEXANDER BUILDING 535 CENTRAL AVENUE ST. PETERSBURG, FLORIDA 33701 -3703 GEORGE K. RAHDERT TELEPHONE: ALISON M. STEELE (727) 823 -4191 BRADLEY M. BOLE THOMAS E. REYNOLDS FACSIMILE: LAYLA K. McDONALD (727) 823 -6189 March 7, 2008 Pamela Akin, Esquire City Attorney - City of Clearwater City Hall, 112 S. Osceola Avenue 3rd Floor Clearwater, Florida 33756 -5103 Re: Belleview Biltmore Cabana Club Zoning History Dear Ms. Akin: On February 14, 2008, I met with you to discuss the zoning history of the Belleview Biltmore Cabana Club site on Sand Key (hereinafter called the "Cabana Club site "). Octavio Cabrera and Cyndi Tarapani from Florida Design Consultants, and Michael Delk and Gina Clayton from the Planning Department, also attended the meeting. You requested additional information regarding the adoption of certain zoning districts. We have now completed our research and provide the following additional information to you for your review. Our research was conducted at the offices of the Official Records and Legislative Affairs for the City of Clearwater, and all documents submitted with this letter are found in the records of that department. By way of background, our previous research confirmed that as of 1979, the Cabana Club site was zoned CG, General Business and AL, Aquatic Lands. On the 1985 zoning maps, a zoning district designated as OS /R was shown on the property for the first time in addi- tion to the existing CG and AL -C districts. In our meeting, you asked about the genesis of the OS/R district, including the method by which this district was adopted as part of the zoning code and the method by which this new zoning district was applied to properties on the zoning map. In order to fully understand this issue, we reviewed four zoning codes and amending ordinances on file in the City's offices beginning with the 1980 Code Before Supple- ments and ending with the 1992 Code With Supplements. These four codes were represented to us as the only available City Codes that covered the applicable time frame. We also reviewed ordinances that revised the pertinent zoning districts in question, as well as copies of all documents referenced therein. The following table is a summary of that historical research: 1980 Code Before Ordinance No. 2261 adopted this New Code Supplements of Ordinances which supercedes all previous Adopted 12 -11 -80 and codes. Effective 2 -9 -81 Code Preface states that the sources,of the Code are the 1962 Code of Ordinances as supplemented through 8- 16 -79. CG and AL zoning districts exist. NO OS/R district exists in this code. (See Table of Contents) 2a 1980 Code With This includes all supplements that amended Supplements I the 1980 Code through 1990. CG district exists. AL district has been divided into AL- Coastal and AL- Interior by Ordinance 4035 -85 on 8- 29-85 (Item 2b)_ OS/R district added by Ordinance 4035 -85 on 8 -29 -85 (Item 2b). Ord. 4035 -85 repealed the previous zoning atlas and previous Chapter 131, Zoning, and adopted a new zoning atlas and new Zoning Code (Item 2b). This ordinance is stored on microfiche and neither the new zoning atlas nor the new zoning code was attached to the adopting ordinance. The atlas and code are adopted by reference and are not included in the body of the ordinance. Per Code Sec. 135.159, The OS/R district "is created to reserve land areas for parks, open space, active and passive recreation purposes and other public uses as provided herein." Page 2 of 8 3 1992 Code Before Code Preface states that this code is a Supplements complete recodification of the ordinances of the City. Sources are the 1980 Code as supplemented through 9- 20 -90. CG district exists. AL- Coastal and AL- Interior districts exist. OS/R district exists. 4a 1992 Code With CG and OS/R districts exist. Supplements AL- Coastal and AL- Interior replaced by P, Preservation. Ordinance 5296 -92 adopted on 9 -16-93 renamed AL -C and AL -I districts as Preservation (Item 4b). See pages 24 and 25 of Ordinance 5296 -93. No other substantive changes to intent or application of district. Based on the above new research and our previous research on the zoning and site development, we offer the following findings and conclusions: Site Development History The Cabana Club was constructed in 1983. The OS/R zoning district was adopted and placed on the site in 1985, two years after construction had occurred. When constructed in 1983 and existing in the same location today, the Cabana Club building is located west of the new OS/R zoning line. Conclusion: The site was constructed in compliance with the Zoning Code at the time of construction. AL and AL -C Zoning History The Code definition of property subject to the AL (and future AL -C) district has remained constant from its original adoption in 1979 through and including the renaming of the AL district to Preservation in 1993. The definition is that AL applies to property that is seaward of the Mean High Water Line (See Section 135.66 of the Zoning Code). At the time of the origination of the AL district in 1979, the Mean High Water Line (MHWL) had not been surveyed for this site. In fact, the MHWL for Sand Key was surveyed and established by plat for the first time on February 26, 1997, some eighteen years later. Page 3 of 8 The location of the AL district on the 1979 Zoning Map is inconsistent with the intent of the AL district since the AL line on the Map is not coterminous with the MHWL but is substantially inland/ east of the MHWL. When there is a conflict, the specific language and intent of the district should supercede the conceptual representation on the Zoning Map. This is consistent with the City's rules of interpretation regarding zoning lines as discussed in the section below. Conclusion: The Zoning Map should be viewed as a "conceptual depiction" of the zoning districts and the language of the district should govern the location of the AL district. In this instance, the appropriate location of the AL line is coterminous with the MHWL which is substantially west/ seaward of the shown location. It is under- standable how this inconsistency developed since the MHWL was not available at the time of the AL district origination. Accordingly, the conceptual AL line could not have been intended to be a "sealed" depiction of the AL boundary line. rl %jSIR Zoning History The OS/R zoning district was added to the site in 1985, two years after the site had been developed with a restaurant. The intent of the OS/R district was to provide for parks, open spaces and active and passive recreation purposes. However, at the time that the OS/R district was applied to part of the Cabana Club site, the property was currently occupied with a restaurant and was definitely not in use as a park. We did not find a copy in the Clerk's office of the Zoning Map adopted in 1985 that adopted the OS/R district and assigned that district to a portion of the Cabana Club site. Nor did we find legal descriptions used in the 1985 ordinance to apply the various zoning districts to properties. Since the October, 1985 ordinance was a comprehensive document that adopted an entirely new zoning code and applied it City -wide to all properties, we would not expect that legal descriptions were used in the Ordinance to rezone the entire City. Since legal descriptions were not used and the 1985 Zoning Map was not on file in the Clerk's office, the only Zoning Map that we found that references this 1985 Ordinance is the map on file in the Planning Department. We have compared the new 1985 Zoning Map to the Map in effect immediately prior to the adoption-thereof. The Zoning Map in effect prior to the replacement Code and Maps showed the zoning districts in color and we could not find a legend for the colors (Reference Map Item 5A provided to you at our February 14, 2008, meeting). This Map shows part of the Cabana Club as "red" and part of it as "green." This Map does NOT show names of the districts and it does NOT show the AL district which was in effect at the time. The comprehensive 1985 Code and Map does not use colors to depict the zoning but rather uses the typical format with lines and names shown for each district. This map Page 4 of 8 does show the CG district in virtually the same location as the immediately previous map. It also shows the new OS/R district in virtually the same location as the "green" color on the immediately prior Map. The AL district is shown west of the OS/R but it again is not located coterminously with the MHWL. Conclusion: The intent of the OS/R district is inconsistent with the use on the property at the time that the OS/R district originated. There is no available evidence of the Zoning Map adopted in 1985 showing the location of all zoning districts nor did the adopting Ordinance use legal descriptions to so locate the districts. Based on our comparison of the new comprehensive 1985 Map and the Map in effect immediately prior, it seems likely that the creator of the new 1985 Map inferred that all property shown as "green" on the old Map should be designated as OS/R. It should be noted that the color green is typically used in by planning professionals throughout the United States to depict Parks and Open Spaces. It should also be noted that this new 1985 Map again shows the AL zoning district in a location inconsistent with the intent of the AL district. Sand Key Development History At our meeting on February 14, we provided you with Figure 1, Building Analysis and the Sand Key Building Analysis Table that showed the location of improvements as compared to the zoning lines. As we discussed at our meeting, this information was developed based on high resolution aerial photography for Sand Key and survey field documentation for four sites. As shown on Figure 1 and the Table, twenty of the twenty -one sites on Sand Key are constructed with improvements located within the OS /R zoning district. Additionally, 12 of these sites have residential buildings located within the area which the City is now characterizing as the OS/R zoning district. These sites were developed over an extended period of time from the earliest construction in 1973 to the most recent in 2004. It should also be noted that the City's Community Development Board previously approved the Cabana Club as a Flexible Development in 2002 and the site plan showed the building in its original location which is partially within the purported OS/R zoning district. If the City had applied the same OS/R zoning line for these twenty previously constructed sites as it now proposes for the Cabana Club site, then none of the improvements on these twenty sites could have been constructed in their current location. Figure 1 also demonstrates that no improvements appear to be located west of the CCCL. Conclusion: Based on this data, there is only one logical conclusion that explains the approved construction pattern. The conclusion is that the City used the CCCL as the line to mark the edge of development. In other words, construction of all principal residential buildings and accessory structures must be located east/ landward of the CCCL. This decision appears to have been made either without reference to the Page 5 of 8 OS/R line or is a tacit acknowledgement that the OS/R zoning line is incorrect on the Zoning Map. City Code Provisions on Zoning Interpretation The currently effective Community Development Code contains a specific provision (Section 1 -109B) regarding interpretation of district boundaries. The applicable sections of that code provision read as follows: B. Interpretation of district boundaries. Where uncertainty exists as to the boundaries of zoning districts as shown on the zoning atlas, the following rules shall apply: 4. Shore, seawall or bulkhead lines. Zoning district boundary lines shall be construed to follow such shore, seawall or bulkhead lines and in the event of change in the shore, seawall or bulkhead lines, shall be construed as following the changed shore, seawall or bulkhead line; boundaries indicated as approximately following the centerlines of streams, rivers, canals, lakes of other bodies of water shall be construed to follow such centerlines. 5. Boundary line unclear. When the exact location of a zoning district boundary line is not clear, its location shall be determined by the community development coordinator using the following criteria in order of importance: the appropriate ordinance as passed by the City Commission; the Future Land Use Plan (FLUP) boundary line; and historical development patterns. On the Cabana Club site, the survey prepared by Florida Design Consultants shows the locations of the CCCL and the seawall, the latter of which is located approximately 48 feet west of the CCCL. The OS/R zoning district line is east of both the CCCL and the seawall. In other words, the OS/R line does not follow either the CCCL nor the seawall as stated in subsection B.4. above. With regard to subsection B.S., there are several ordinances adopted by the City Commission that apply, but the principal relevant ordinance is the ordinance that adopted the AL district in 1979. The clear and specific intent as to the appropriate location of the AL district was not applied to the Cabana Club site. In this case, the Future Land Use Plan is not overly helpful since the incorrect application of the AL district occurred prior to Comprehensive Planning in Clearwater and since the Plan was based on the Zoning Maps which contained the error, thus compounding the discrepancy. Based on Figure 1 provided to you in our meeting, the historical development patterns are clear on Sand Key: the CCCL was used as the demarcation line for the edge of development, NOT the OS/ R zoning line. Page 6of8 Conclusion: The appropriate edge for the OS/R district should be the CCCL for this site and for the balance of Sand Key since that line has historically been used as the edge of the developable area as demonstrated by the construction pattern. Locating the OS/R zoning line coterminous with the CCCL is also consistent with the City's rules for interpretation of zoning boundaries. Applicable Legal Principles As I am sure you are aware, the Florida courts have held that zoning regulations are subject to the same rules of construction as are state statutes. Thomson v. Village of Tequesta Board of Adjustment, 546 So.2d 457 (Fla. 4' DCA 1989). It is a well - established principle of Florida law that an administrative agency's interpretation of statutes with which it is legislatively charged to administer shall be accorded great weight and should not be overturned unless clearly erroneous. Brenner v. Department of Banking and Finance, 892 So.2d 1129 (Fla. 3`d DCA 2004). If an agency's interpretation of its governing statutes and rules is one of several permissible interpretations, it must be upheld despite the existence of reasonable alternatives. Pershing Industries, Inc. v. Department of Banking and Finance, 591 So.2d 991 (Fla. ? DCA 1991). By analogy, the City staffs long- standing interpretation of the CCCL as the line to mark the edge of development is diapositive of the intent of the applicable Zoning Code provisions hereinabove described. Thus, even if there are other possible interpretations, the existing interpretation should continue to be applied. There is one other well - established legal principle which I believe is applicable in this case. Florida courts have long recognized that zoning regulations are to be construed broadly in favor of the property owner absent their clear intent to the contrary. City of Hallendale v. Prospect Hall College, Inc., 414 So.2d 239 (Fla. e DCA 1982). In this instance, the preclusion of the development of my client's property in a manner which is consistent with the development of surrounding properties would most assuredly run afoul of this legal principle. Summary We appreciate your review of this data as we know that you understand the importance of this issue to my client. We are merely requesting that the City treat the Cabana Club site the same as the rest of the properties on Sand Key, namely to allow development to be constructed up to the CCCL. We believe that we have provided you with the data to show that the CCCL was historically used on Sand Key as the edge of development and we ask for the same right and privilege. Should you not agree that the CCCL is the appropriate edge for development, we ask for the same right granted to others who disagree with a City determination on their development rights to seek an appeal of the City's decision to the Community Development Code. Although we certainly recognize that this is a relatively complicated issue, we would request that you provide a response as quickly as possible. As I explained at our earlier meeting, time is truly of the essence to our client. Any material delay in moving forward Page 7 of 8 r� A i t with the application process will substantially hinder our client's ability to complete the project. We would be happy to discuss any of these matters with you or answer any questions at your convenience. Thank you for your consideration. Sincerely, /J/ 74M44 5, ReVwU4 Thomas E. Reynolds xc: Joseph Penner, Legg Mason Real Estate Investors Richard Heisenbottle, R.J. Heisenbottle Architects Octavio Cabrera, P.E., Florida Design Consultants Cyndi Tarapani, Florida Design Consultants Page 8 of 8 i Delk, Michael From: Quillen, Michael Sent: Tuesday, April 22, 2008 3:31 PM To: Delk, Michael Subject: Cabana Club CCL Line • As requested I have reviewed the survey prepared by Florida Design Consultants for the subject property. The depicted location of the Coastal Construction Control Line appears accurate based on available information. Michael D. Quillen, P.E. Director of Engineering City of Clearwater michael. quillenLmyclearwater. com 727 - 552 -4743 Page 1 of 1 Wells, Wayne From: Wells, Wayne Sent: Wednesday, March 05, 2008 4:51 PM To: 'richard @rjha.net' Subject: FLD2008- 02002, 1590 Gulf Blvd, _Belleview Biltmore Cabana Club FYI - - - -- Original Message---- - From: Ed Koch [mailto:ekoch @earthlink.net] Sent: Wednesday, March 05, 2008 12:06 PM To: Wells, Wayne Cc: Hibbard, Frank; Doran, John; Cretekos, George; Petersen, Carlen; Gibson, Paul Subject: Attached Re: Case #FLb2008 -02002 (1590 Gulf Blvd) Ed Koch 2630 W. Bay Dr. #103, Belleair Bluffs, Fl. 33770 Office: (727) 582 -9848 Cell: (727) 420 -1397 Toll Free: (800) 860 -7973 Fax: (727) 582 -9626 Email: ekoch(cDearthl ink. net "This message may contain confidential and/ orproprietary information and is intended solely for the. person / entity to whom it was originally addressed. Any use by others is strictly prohibited by law" 3/5/2008 r. Wells, Wayne From: Wells, Wayne Sent: Monday, February 11, 2008 3:09 PM To: 'richard @rjha.net' Subject: Email of opposition from Phyllis Zeno Richard - Attached is an email I received in opposition to the Cabana Club application. Wayne Wayne M. Wells, AICP Planner III City of Clearwater 100 South Myrtle Avenue Clearwater, FL 33756 -5520 Phone: 727 - 562 -4504 Fax: 727-562-4865 in Email from yllis Zeno oppo: I • . Page 1 of 1 Wells, Wayne From: Wells, Wayne Sent: Monday, February 11, 2008 3:02 PM To: 'richard @rjha.net' Subject: Opposition to Legg Mason's for Variances to Build Hotel on Sand Key Richard - This is a letter of opposition to your request. As other letters (positive or negative) are submitted, I will forward them to you. Wayne - - - -- Original Message---- - From: Cynthia Remley [mailto:cremley @verizon.net] Sent: Monday, February 11, 2008 1:17 PM To: Wells, Wayne Cc: 'Mike Novak' Subject: Opposition to Legg Mason's for Variances to Build Hotel on Sand Key Dear Mr. Wells: On behalf of Mike Novak, President of The Harbour Condominium Association, the attached letter is respectfully submitted. Cynthia L. Remley THE HARBOUR 1591 Gulf Boulevard, Penthouse 2 Clearwater, Florida 33767 -2997 e -mail: cremley_@verizon.net 2/11/2008 C ITY OF CLEARWATER POST OFFICE BOX 4748, CLEARWATER, FLORIDA 33758 -4748 MUNICIPAL. SERVICES BUILDING, 100 SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756 -��X, k, N , QpI�� TELEPHONE (727) 562-4567 FAX (727) 562 -4865 PLANNING DEPARTMENT February 8, 2008 Richard Heisenbottle R. J. Heisenbottle Architects, P.A. 2199 Ponce de Leon Boulevard Suite 400 Coral Gables, FL 33134 Re: Case No. FLD2008 -02002 1590 Gulf Boulevard, Belleview Biltmore Cabana Club Dear Mr. Heisenbottle: On February 1, 2008, the above referenced application was filed with the Planning Department. While performing a completeness review, a major project design issue has been discovered. By a prior letter to Ms. Cynthia H. Tarapani with Florida Design Consultants, Inc. dated September 17, 2007 (see attached), a Zoning Interpretation was issued by Michael Delk, City of Clearwater Planning Director, that the depth of the Commercial (C) District on the property was 270 feet from the front property line as measured along the south property line. The northern boundary of the C District is located at a corner of property coinciding with a building corner of the Cabana Club Condominiums. I am including a copy of the City Zoning Atlas Sheet 311B showing the zoning district boundaries. This C District boundary line does not coincide with the Coastal Construction Control Line (CCCL). The site design and site data for this project is based on the lot area east of the CCCL, not the zoning district boundary line. The CCCL is a minimum of 25 feet westward of the C District boundary line. The entire western row of parking spaces and a portion of the drive aisle in the parking garage, the western portion of the pool deck, a portion of the pool itself and a majority of the restaurant is located westward of the C District within the Open Space/ Recreation (OS /R) District. The overnight accommodation use as proposed is not permitted within the OS /R District. Additionally, the proposed density of the overnight accommodation use has been predicated on the land area east of the CCCL, not the land area within the C District where the use is permitted. The proposed density for any overnight accommodation use must be calculated based on the land area zoned C District only. As such, this application has been deemed incomplete. No further development review of this project will be taken until the deficiencies are corrected and the application is deemed complete. Redesign of the overnight accommodation project to comply with W "EQUAL EMPLOYMENT AND AFFIRMATIVE ACTION EMPLOYER" February 8, 2008 Heisenbottle — Page 2 Code provisions where it located solely within the C District is necessary. As this will constitute a major redesign of this project, it is recommended to withdrawn the request at this time and submit a new application at a later date. We will refund the application fees paid for this project. It is also recommended to pick up from Sherry Watkins in our office the 14 project packages to allow for reuse of any materials for such future application. Should you have any questions, feel free to contact me by phone (727 -562 -4504) or by email (wayne.wells@myclearwater.com). mcerely, OuJr-e-m - W&L Wayie M. Wells, AICP Planner III Attachments S: (Planning DepartmentlCD BIFLEX (FLD)IlncompletelGulf 1590 Belleview Biltinore Cabana Club (C) - WwLetter of Incompleteness 2.8.08.doc September 17, 2007 Ms. Cynthia H. Tarapani Vice President of Planning Florida Design Consultants, Inc. 3030 Starkey Boulevard New Port Richey, Florida 34655 Re: Request for Zoning Interpretation Belleview Biltmore Beach Club, 1590 Gulf Boulevard Dear Ms. Tarapani, After meeting with you and project principals and reviewing the additional materials you submitted regarding title insurance and property appraisal, City Planning and legal staff has reviewed all materials available to it at this juncture. The materials reflect the following legislative action concerning the property • The site was zoned CG to a depth of 270' in 1979. The Zoning Atlas was adopted by the then -City Commission by Ordinance No. 1872 dated February 1, 1979. • In 1985, a Zoning Atlas was adopted by the then -City Commission by Ordinance No. 4035 effective October 14, 1985. The lot depth appears to be the same with, however, the subject parcel shown as distinct from the Cabana Club site. • The Community Development Code effective March 8, 1999 provided in Section 1 -106H. that the CG site would become C. It therefore appears that the site has been acted upon legislatively, as opposed to administratively, at the point of the original lot depth change in 1979 as well as on at least two subsequent occasions. In my capacity as Community Development Coordinator under Article 5, Division 7 of the Community Development Code, I have the ability and responsibility to issue administrative interpretations of the Code but cannot amend actions taken by the City Council as governing body. I must therefore deny your request for an administrative interpretation relocating the zoning line for the subject parcel from a depth .of 400' to a depth of 270'. Notwithstanding this denial, we would nonetheless consider supporting an updating amendment for the purpose of achieving a consistent delineation of zoning /jurisdictional boundaries. Of course, such a change must be consistent with the City's Comprehensive Plan and take into account the ability to accommodate any increases in density. This review and change, if any, will need to occur after a thorough evaluation of beachfront properties and how they may be affected. I would note that in the event that the Pinellas County Board of County Commissioners determines to modify the Pinellas County Code /Countywide Rules to allow additional hotel density countywide, the City of Clearwater anticipates consideration of a corresponding increase to around 60 units per acre. Additionally, Planning and legal staff would be glad to discuss with you whether there is an appropriate vehicle for City Council action such as land use plan amendment/rezoning or zoning atlas amendment by ordinance. However, staff would need definitive evidence that the change in lot depth was in error before determining to support such a request. Very truly yours, Michael L. Delk Planning Director P, Civil Engineering • Surveying • Transportation Planning & Engineering • Land Planning • Environmental VIA HAND DELIVERY February 1; 2008 Ms. Gina Clayton, Assistant Director City of Clearwater Planning Department 100 S. Myrtle Avenue Clearwater, Florida 33756 Re: Belleview Biltmore Cabana Club 1590 Gulf Boulevard Dear Gina: ORIGINX REf:lc :g 0 4 2000 LAN Cf1W % MMil ��ATER On behalf of my client, Legg Mason Real Estate Investors, Inc., I am pleased to submit a Flexible Development application for a Comprehensive Infill Redevelopment Project for the Belleview Biltmore Cabana Club. Enclosed please find the following documents to form a complete application: I . Flexible Development Application, Original and 14 copies. 2. Exhibits to Application including General Applicability Responses, Comprehensive Infill Redevelopment Project Responses, Recorded Deed and Fire Flow Calculations Worksheet. 3. Site Plan, 15 copies each of Civil, Architectural and Landscape Plans. 4. Reduced Color Building Elevations, 5 copies. 5. Reduced Color Landscape Plan, 5 copies. 6. Boundary Survey, 15 copies. 7. Comprehensive Landscape Program Application and Responses, Original and 14 copies. 8. Application Fees totaling $1,405 payable to the City of Clearwater. Please do not hesitate to call me if you have any questions. Thank you for your review of this application. Sincerely, Cynthia Tarapani, AICP Vice President, Planning c: Joseph Penner, Legg Mason Real Estate Investors, Inc., w/ attchmt. Richard Heisenbottle, R.J. Heisenbottle Architects, P.A., w/ attchmt. Thomas Reynolds, Randert, Steele, Bole and Reynolds, P.A., w/ attchmt. O.C. Cabrera, P.E., Florida Design Consultants, w /attchmt. Roy Chapman, P.E., Florida Design Consultants, w/ attchmt. Ron Harn, Skanska USA, w/ attchmt. Gerry Marston, Wallace Roberts Todd, w/ attchmt. Mel Garcia, Gartek Engineering Corporation, w/ attchmt. Douglas Wood, Douglas Wood & Associates, w/ attchmt. :pcm - K:\Belleview Biltmore \Cabana ClubTetters\clayton.01.doc 3030 Starkey Boulevard • New Port Richey, FL 34655 (727) 849 -7588 • Fax: (727) 848 -3648 • (800) 532 -1047 www.fldesign.com €�Gs� 3 04 22000 �, CCU S 9 �s zo S �c 1 0 303B 'Clearwater r---1 z Leber J re3a 1 Prepared by: O Engineering Department Geographic Technology Division 100 S. 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Jun 12, 2007 SE 114 of 19 -29 -15 . MDR - - r33t5 - _ �311B 31x6 1 0 considered comprehensive for site- specific data. PLAN /BELLEVIEW BILTMORE CABANA CLUB /HISTORIC AERIALS /1975.MXD 1 6/02/2008 T T I,?;, w--- wmpiciienai —ivi aue- aNeunc uaia' PLAN /BELLEVIEWBILTMORE CABANA CLUB /HISTORICAERIALS /1975.MXD 1 6/02/2008 Gooz T I L, considered comprehensive for site- specitic data. PLAN/BELLEVIEW BILTMORE CABANA CLUBIHISTORIC AERIALS /1975.MXD 1 6102/2008 QQ Y0o4 %% T 4 C.o .. consiaereacomprenens [Verorsue- specmcaaia. PLAN/BELLEVIEWBILTMORE CABANA CLUBMISTORIC AERIALS/1975.MXD 1 6/02/2008 L�J3U�z�- } r� „� eooz � � . P .. �, ^_.� ���., considered comprehensive for site - specific data. PLAN/BELLEVIEWBILTMORE CABANA CLU B/H ISTO RIC AER IALS/l 975. MX D 1 6/0212008 MON& K-1,10Elym 12008 ClIv `" - .- ..`,.,p -- -.. PLAN /BELLEVIEWBILTMORECABANA CLUB /HISTORICAERIALS /1975.MXD 1 6/02/2008 OR *'' AL C., 4'1 1112008 PLANN.1#1",7 07 i WIN I bli k was = skal � i I �1 QRWNAL r"-"c J `''i 12008 considered comprehensive for site- speceic data. PLAN /BELLEVIEW BILTMORE CABANA CLUB /HISTORIC AERIALS /1975 MXD 1 6/02/2008 r� .- E1%i [ ? 12008 consiaerea comprenensive Tor sne- speciTic aaia. PLAN /BELLEVIEW BILTMORE CABANA CLUB /HISTORIC AERIALS /1975.MXD 1 6/02/2008 M -It r,- y;E-i, �w " , t 112008 P1JY 1I : r•:% to % I 1 PLAN /BELLEVIEW BILTMORE CABANA CLUBMISTORIC AERIALS /1975.MXD 1 6/02/2008 12006 Page.32 Citizen, February 8, 2008 EVENTS, from page 22 5 Bay Drive. Call Ruth Johnson at 736 - the Palm Harbor Senior Activity Center, - esota Club meets the first Mon- 4623. 1500 16th St. , The 60 -man chorus x day of the month, October through Native New Yorkers of Tampa Bay seeks tenors, leads, baritones and bass' April, at the Palms of Largo` dining meets monthly on different; Sundays at es. Call 773 -0049: room. Call Ron Schowalter, president, various locations. Call Arlyne Popick at Palm Harbor Newcomers Alumnae + at 637 -6909. 345 -5558 or e -mail ATP1946 @aol.com. and Friends Club meets first Thurs- Moms' Club of Seminole meets first Navy SEABEE Veterans of America, days, 11 a.m., at East Lake Woodlands <° Mondays, 10 a.m., at Seminole Commu- ' Island X -1, meets fourth Saturdays, Country Club, '300 East Lake Fairway, , "' At nity Library, 9200 113th St. N. E -mail 12:30 p.m., at, the Largo Library, 120 Oldsmar. For reservations, call Dot Cop $ J jenn.hornyak@verizon.net. Central Park Drive. Call 391-7886. ley at 372-0740. t- Mothers and More of Largo /Semi- New Neighbors meets first Tuesdays, Parents of adopted children are t r, Hole meets last Mondays, '7 p.m., at 7 p.m: atKissm Cuzzms Restaurant, welcome to join a playgroup and sup ! g �. Seminole Community Library, Room A, 28910 U.S. 19 N.,<Clearwater. This is a port group that is currently being orga- 1 .� - t 9200 113th St: N. E -mail creativemom- woman's group for meeting new friends, ; nized. Children of all ages are welcome. my2Qyah6o.com. social activities and informative pro- The group will meet one of two times a Multicultural Bible Study and grams. Cost is $4.50, and includes month for playdates. Call Elaine at 688 Prayer Fellowship meets Sundays, 11 dessert, beverage and program.' Call 2355. ;: `44: », a.m., at the Comfort hm,` 26508 U.S. 19 796 -2006. Parkinson's Support Groups .` N., Clearwater. Free. Call 352 -684- Newcomer Club of Pinellas, a social e Clearwater, meets second Thurs- t 6970.' club for persons new to the area, or days, except the months of June, July 1 ma Multiple Sclerosis Giggle Group those who are recently widowed; di- and August, 1 :30 p.m., at the "Clearwa- ; lose create ,� r 4 1 ,� meets periodically for caring and shar- voreed'ar refixed, meets first Wednes- ter East Library; 2251 Drew St., Room ing. Call 799 - 2491. days, 11 :30 a.m., at various restaurants A. Call 712 -8740 or 461 -7527. election NarAnon meets Wednesdays, 7 p.m., and clubs throughout Pinellas. Call Vi- • Movers and Shakers, for persons Past Rotary International president Herbert G. Brown, left® PINELLAS CO Al- in room 102 at St. Paul's' Methodist vian at 569 -8869. with Parkinson's who are under 65 joins Andy Burwell at a recent Rotary Meeting. though it wasn't a ,wide - Church, "1199 Highland Ave., Largo; Newcomers Club of _Greater years of age, family and friends; meets g Wednesdays, 8 p.m., at St. Mark's Dunedin meets second Thursdays, second Thursdays, 6:30 p.m., at Semi- spread problem, Officials Methodist Church, 6801 38th Ave. N., 11;30 a.m., at various locatins. For in nole Community Library, 9200 113th say confusion associated St. Petersburg; and Mondays, 7:30 p.m. formation on the next meeting; call Ros- St. N. Call 596 -2167. ® ® With closed primary elec- and Saturdays, 8 p.m., in the first shel- alin Dano at 733 -1942. • Barrington; meets fourth Mondays, tions is an ongoing one. Beach, at the end of 58th St. S. Call "You Can Do It" group, meets Sundays, Seminole Blvd., Largo. Call 687-8423 or One example came from ter Left of the rec building at Gulfport Nicotine Anonymous, Clearwater's 1 m., at Barrington Senior Living, 90i 686-5857. noon, in The Board Room on the first 391-8214. a Iad „ `known onl as National Alliance on Mental illness floor at Morton Plant Hospital. The only • Suncoast, meets second and fourth C WATER —Past Rotary International press- " Pe Y Who sent in the fol support group meets third Thursdays, requirement for membership is a desire Mondays at St. Luke's United Methodist dent Herbert G. Brown recently received recogni- 7:30 p.m., at Hospice, 5771 Roosevelt to stop using nicotine; or, having been a Church, 4444 Fifth Ave. N., St. Peters- tion as a life member of the Endowment Trust Towing e -mail on Jan. 29 Blvd., Building 100,` Clearwater. The smoker, to encourage and give support burg. Fund of the Rotary Club Of Clearwater. about an issue at Precinct group also hosts an education meeting to those who are still struggling with P.E.O. Sisterhood Clearwater Reel- Robert Andy Burwell made the presentation at 190. on first Thursdays, 7 p.m.; and a con- nicotine , ' addiction. E -mail procity Council meets third Saturdays, "I am. writing tonight sumer support group on Mondays, 6:30 pelican@gte.net. noon, at the First United Methodist the Rotary Club's weekly meeting at the Belle pp p y p about some problems at p.m., atHospice. Call 731 -3434. North` Pinellas Children's Hospi Church, Douglas Avenue' and Main Country Club. Rotarian ph Flick helped the IZO- National Active d Retired Feder- tal' G d meets third Mondays, at Palm Street in Dunedin. The, philanthropic terry Club establish the Trust in .1991 as a means Precinct 190. (Gandy aril I- al Employees Association, Clearwater Harbor Parks and Recreation Center, educational organization provides op- to provide perpetual annual ftmds to local charities 275) where many people Chapter 259, meets for refreshments 150 16th St. Social time begins at 9:30 portunities for higher education far, to help `families in need. tried to vote and were and socializing ilrst Wednesdays (except a.m. followed by the meeting at 10. Call women through scholarships and found to have. had their July and August), l p.m., at the Clear- ' 943 -2464. grants. Call Gertrude Westlund at 791- At a Separate event, City Manager Bill Horne, water East Library, 2251 Drew St. North Pinellas County Democratic 3304. Clearwater ater Rotarian, hosted Mitchell Scott Klav s, party` affiliation changed Meeting begins at 1:30, Blue Club meets second Wednesdays, 7 p.m., Announcements are submitted by the a urologist with Morton Plant. without their knowledge. Cross /Blue .Shield Rep will cover at the Clearwater Countryside Library. public; information is subject to change. Klavans has practiced in Pinellas County for 16 Each person had changed FEHBP changes. Call 599 -2031. Call Joyce at 538 -0043. To place an item in the ongoing calendar Y their address through the National Association of Retired Overeaters Anonymous meets Tues- or networking leads, send it at least two years and has been president 'of the medical' staff, D (Department Of Motor Federal Employees, Largo- Seminole days, 7 :30 p.m., at St. Paul's Life En- weeks in advance to Calendar /Leads, chief of surgery and, chairman of urology at Morton Chapter 845, meets monthly at various richment Center, 1199 Highland Ave., Tampa Bay Newspapers, 9911 Seminole Plant Hospital, He spoke about the DaVinei Robotic Vehicles) and only today g y p. Radical Prostatectoy, a less invasive technique of discovered that their times. Speakers begin at noon, followed Largo; and Wednesdays, 7:30 m., at Blvd., Seminole, FL 33772, or e -mail edi- party by a business meeting. Call 517 -0389. Anona United Methodist Church, 13233 tonal@TBNweekly.com. Please include - affiliation had been - National Association of Retired d Indian Rocks Road, Largo. Call 800- date, time, lace and hone number and prostate- renlOVal with a robotic assisted laparo g p p changed to Independent. . sca is approach. e was instrumental in s Veteran Railroad Employees Inc., ' 544 -6353. don't to send a nohJication when p PP g Both Republicans and De- Unit 44, meets third Thursdays, 11:30 Palm Harbor Men's Barbershop the information changes, or the group the.robotics program at Marton Plant Mease and is a.m., at Farmer's Kitchen, 3500 East Chorus meets Mondays, 6:45 p.m., at stops meeting. currently one of the directors. mocrais had s problem." Nancy Whitlock, co u- nications director for the' zeilas County Supervisor ! of Elections Office, can rnq. fl, t i "�. }� r: firmed on Feb: 1 that a few t , : �� M,,,, " rr complaints had been re- :m .. ��_. ° ��:� ceived about voter registra- C�o .,..:: M : .�., tioris .Hat designating a a .N _ .._ _ M.. „_. • affiliation:. Weight Lot' link � ���' ��9 �� P said. people who claimed their registration ;. Lusters t� wh� Out had been changed were al- ". lowed to vote On a provi- sional ballot, She said 334 I lost eleven pounds the first e 's the easiest diet provisional ballot certificate Ready to finally sod those Stubborn x e ever done!"' envelopes g ' examination by the Caor pounds and Inc es? Frustrated at the ... ••• . ........... ........ n- vassing EQard. lack of success with other weight loss "Nothing taste's s good as thin feels." "Less than expected,,' t Whitlock said. > .............. .............................o .....4............... ®................... programs and diets and tired of trying � ; q ass See PINELLAS, page 4 t' < never t is i v them t0` It alone? Try 1'5C1'i t� °..; nothing MAE' r "• . : Y € ® r(Jewee 1 ei t dl iC 'S ® i management - o ( < ®1 Co d '. o ll t . iP2 :s °is�ila �'°` f� v'$ P , #' �R . !z i sl e f ' _Significant weight loss is be achieved under the, ' >. ballot to your choose r supervision of a physiciamwith years of experience in nutrition and ,. ; z , , favorite metabolic support. Prescriptions program begins with a thorough t d ,,�l�t _Prf,;:t1;11;tr`' �` ., . i. R i esses medical evaluation, an effective diet plan aided by prescription appetite ; restaurants suppressants, regular exercise, supplemental inj ections for metabolic ; , � �� !(.i'? ..�'��t °t , . support and weekly checkups and counseling to assess your progress' w -« # - :, F activities. See page 12. -sources, are our own Our best referral; patients! Best of all, when you reach your weight goals, Prescription's medical staff will teach you an effective method to avoid re- gaining the weight Our results speak for themselves: We kly, g t you've lost, even while still eating the foods you like! ter; -K.G, of St. Petersburg lost 103 pounds and cancelled her w ...... _ { knee replacement surgery! Business Page I$ a Briefs , Page 3 o -A.G. of St. Petersburg losf 0 pounds has gone Classifieds , ...P es 24 -31 from a size 28 to a size 12 and she's not through yet. r Community .Pages 16 -17 ?, ?q a€�,, it'll � •wi ' , 46 P a = € K.F. o St. Petersburg sa s, I;ve one from a size 7�C a 1b to a maize f g y t,Pg County .Page 10 . and 1 m on myway to a size $il, f Crossword ........ Pale 27 St, 8 St w tl tMi� At lr� y v� r rfilri`�ir ^tltllb p 11' 111am M. B11ackshear, Jr., M.D. ._ Fdunding Membdr & Past rsi e" Y r r, " r r r rr rrr n t` r ■mss° *Mown 1R �#" Page 2 Citizen, February 8, 2008 A'" 713 Y, Do vou suffer from widespread rb MUSCUIOSKeletal The Clinical Research Group of St. Petersburg, Inc. is currently conducting a research study to determine how well an investigational medication taken at night for fibromyalgia may relieve your pain. , You ;n f Must- its ;' 9 a .o: y.. • Be Over 18 years of age •]Experience widespread body ' the pains. s and in a a s or at least three months • Be able to complete � uestionnairesf; ' and Other Stud Y t P rocedres � - r , Participants will be in the study for 27 weeks and they will receive study related medical care, study related medication, and study related testing all at no cost. Participants may also P Y receive compensation for their time and travel up to $900.00, Clinical Research Group of t. Petersburg, Inc. 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(727)393- 7567 (727)644 -6037 (727)595 -0429. 100 tablets treats entire home, Designsl Affordable Rates! ; Sherwin Williams, $950. GREATER IMAGE A. BOYD FARMER. FAMILY DEBRIS HAULING Landscape Services. FREE Business 30+ Yrs. Residential Removal of all types of debris. Est. Licensed and ' Insured. & Commercial. NO JOB TOO Small or large loads. FREE Professional, Dependable and ' . SMALLI 2 Coats Paint, Power ' Estimates. (727)512 -9951. Affordable: (727)812 -2317. Wash. & Prep Work: Quality 51 hVt'5 RIVER ROCK Quartz, Granite Now Available In Many Patterns /- Colors, Acrylic, Re- seals, Stain. Since 1986. Lic /Ins.: #C -8452. Free Estimates (727)581-7902. 1 SPARKLING POOL SVC. Lowest Prices; Dependable, Quality Maintenance. 15 Yrs. Experience.: Owner Operated. Scott(727)409 -0307 A XTREME PRESSURE CLEANING! Lic . /Ins. We Guaranteed. Senior Discounts. ;Clean Anything!!! Big / Small LANDSCAPE NEED A #C -8626. (727)458 - 3650.- Jobs, LOW PRICES! Free HEEE HAUL Facelift; Clean -up? 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Stone - Patios, Palms, With Outstanding Service. 100 tablets treats entire home, Designsl Affordable Rates! ; Sherwin Williams, $950. Planting, Sodding. Clean -ups, Interiors/ Exteriors. less than $5. -Sold at Publix, WHAT DOES YOUR HOME Tree /Palm, Hedge Trimming, Stump- grinding, Xeriscaping. Faux Art Designs, Texturing, Crown Molding, hardware stores. SAY ABOUTYOU ? ' (727)319 -8195. , Remov Popcorn Removal. i, SHAPE UP FOR Service & Re Reclaimed pair, I -CGrn ° K:= De6igners,room by.room ,room recommendations make the MASTER GARDENER (727)460 -6252, PIANO TUNING SERVICES SERVICES most of your furnishings. Carolyn MCComber Landscape design,` installation & lighting. Reasonable Rates. FROM THE au FROM B oeTI P g A BEAUTIFUL JOB! (727)688 -8508 Excellent References. 25 C d't d ' t d Woman's Painting Co. Mary (727)517 -1010. ■ Y' K i' ty: r - �. ". I Tickets o $20 Adult 9 $10 Student i Reservations rec• • - • a DIRECTV SATELLITE TELE- vision. Free equipment. Free 4 room installation. Free HD or- DVR Receiver Upgrade, Packages from $29.99/mo, Call Direct Satellite TV for de- tails. (800)380 -8939. NEED HOME PHONE Svc? Fast activation! No ID, every- one approved! From $16.49lmo. +taxes! Call now! (866)447 -2488. American Dial Tone. Since 1998. Se Habla Espanol E07MA _W, ..TROPICAL TILE & MARBLE o " Custom Design Floors And Showers. 20 Yrs, Exp. C -5861 Insured (727)418-4355. ° R, I ::= - EDDIE'S PROFESSIONAL : _ TREE SERVICES. Complete Service + Stump Removal. Firewood. : Lie./Ins. Senior Y ears. re i car s acce e . P ° ° ( 10 '.i..,, MasterGarden r n e La dscaping. , Leonard Inc: Far All Your Painting Needs.. 25 Years. e. ur uccess e- pends' On Your Satisfaction! t : ' « Estimates. (727)687-6077. ALL ruu rt t rttt nttu5: Stump Removal; Trim, Prune, ,, ; -, :;:: ` cam. (727)542 -5485. #C- 4075:(727)595 -8312. ALL -- ` Interior.! Ext. Small Jobs Elevations. Firewood.' TRIM HOME IMPROVEMENT Specializing: " Bathrooms, PICTURE PERFECT Free! 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(727}560 - 5915. =� " � (727)545 -5885. RABBITT_'S Property Service All Phase - s Property. Clean-up, AFFORDABLE PAINTING B HOME RENOVATIONS Y FAUCETS TO WATER �. m G Landscaping, Tree/ 'Shrubs 1 P g, Tim Barrett Painting, Inc., 20 s _.... Additions Bath & Kitchen 9. Heaters. No Too oo SmaIL f- land QTroesca in Serv' Trimmed/ Removed. Ica: • Land- • , .,,. remodels, carpentry, flooring, _Years Expenence. Honest And ' Sewer And Drain Cleaning.`. • -e � CHIMNEY CAPS, KITCHENS v a seeping Design. Bobcat Dependable, Insured. • cabinets more. Insured. P #RF0049545 Racks Plumbing -. SENT 10CA IL . g 6 BBQ Backgrounds, Copper ORS DISCOUNTS Services. 727 541 -90 9 PP 98 #C -9762. f ) Owner Operated. - #GBC1255512. Free P (727)397 -7809 (727)595 -9611 Stainless Aluminum. All Types Family Owned &Operated: ALL SURFACEPR YP Estimates. 727 596 -9006. (727)391-6694. ESSURE ( ) of Sheet Metal. 000026472. 18 Yrs Locally. Prompt & STEVE'S FULL SERVICE Cleaning, Inca Shingle/ Tile • NelsonCanstructfonRenos.com 9. g Landscaping, Lawn Care, McDaniel Plumbing (727)623 -2462 Reliable. Visa/MG. ` p 9. a e, Roofs, Driveways, Pool Decks - »�»� AFFORDABLE QUALITY. Total `Service Remodeling, Free Estimates (727)541-1711 Tree Trimmin Clean -u s � ode ng. g & Mo 0 S D • \ • P ' Enhancing Curb Appeal) Free PAINTING! Water Heater Repair/ Re- e. ur uccess e- pends' On Your Satisfaction! t : ' www.treeology.com. .. Estimates. (727)687-6077. Owner- Operated, " British Tradesman,:. Years -Exp. placement.` Sewers .Cleaned. . #RF0080900. Insured. Com. /Res. Free Estimates. - ; ,,: ,- ALL SPRINKLERS, Shallow SO CHEAP IT'S ALMOST .' -- ` Interior.! Ext. Small Jobs (727)584 -3046. alisurfacepressurecleanin .com _ (727)543 -3276 •- Wells Pumps. ` Free Esti- P mates. Free! Jimmy Tree. ee: Hazardous Y Removals, '< Stump Grinding, r �; g Welcome. Senor Discounts. "A ". (727)668 -4141. Residential/ Commer -, JayMare Plumbing, Inc. AN AFFORDABLE LAWN License #010218: Insured. ALL YOUR PLUMBING " MILDEW PROBLEMS ARE • • cial. #G -5918. Williams Pump Co. (727)381 -7132. www.wil- Trimming. Licensed/ g Insured For ., Your - Protection! Service Just For You! Brian Keegan, Inc. (727)519- 3681. Needs! 24 -Hrs. No- Overtime Saturdays. Senior Discounts! Potential Health Problems! Free Estimates. Licensed. )lams um com an .cam. p P P Y 727 517- 6711; ( ) Owner-Operated, Insured. Call For Free #08670. VALCO- PLUMBING. (727)596 -9500. Insured. We Do Windows Tool RICHARDSON IRRIGATION :" a r ` Estimate. (727)398 -0956. PHIL'S Painting & Pressure 40 gal. water heater (standard (727)866 -6071: _ . Service & Re Reclaimed pair, I a t f �ss ti ® FLORIDA'S S &S PLUMBING , $1 e o'; Water, Hook - Work.; C -9(727)424-1072. 68. kFree Quality Estimates.' `.. TRANS F R PRECIOUS' •Repipes - Repairs •Filters Operated Since 1985. Quality Work: Free Estimates.: 08438 Call PHOTOS , SLIDES, B -16MM A .LAWN SERVICE YOU HAVINGTROUBLE -Fixtures -Remodel -Heaters LOWEST PRICES ON ALL Insured. (727)327- 7926. ' Movies To Video /DVD. Format CAN AFFORD! _$55 /Month. SELLING YOUR HOUSE? Insured. #CFC - 057189. Jim Slaughter, (727)392- 0705. Phases of Remodeling And, Room Additions. Insurance 1 s Change/ Duplication. SEA VOSS VIDEO PRODUCTIONS Hedge, Tree, Palm Trimming, Leaf Raking, Clean -Ups. Give it a fresh look w /paint!! Specialist! CBC054546. HOUSE NEED A FACE LIFT. (727)397 6201. (727 }319 -8195. Call Creative Painting, 9. C7813. GLEN MYERS PLUMBING (727)410 7323 Full Service Stucco & Painting 7 : °� ` Service, Inc. Dependable (727)393-4840. AII Work Done "By Glen ". (7 27) - Compan C & E Construction e or Replace. Family Owned - And Operated. -Since 1964. HENRY'S LAWN SERVICE" RC0066692 /ins: Strickland #CFC057544.- 727 443 -6318, .° ( ) ` ° e ® e " Y (727)565 -6602. CRG1327256. 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Family Owned & 'installation) , $499.00 +Tax: Workmanship Day Service Most Cases. Prompt, Dependable Service. Pressure Washing Now Avail Operated Since 1985. Quality Work: Free Estimates.: 08438 Honest & Dependable. Owners on All Jobs. Sinks, Faucets, - Id Time Integrity Call (727)559 -2407, Cell (571)238-7734. BOSCO &SONS LLC. t7ESI DEXTIAL SERVICES FREE ESTIMATES. (727)582 -9227. Insured. (727)327- 7926. ' Disposals, Toilets, Softeners, Many Other Services. Call Licensed & insured' o #CCC056850 Fast, Free Window Estimates! Over 20 Years Experience. Alan, Serving Your Home ur (727)424 -2224. Improvement Needs - JIMMY WILLETT'S LAWN AAA SUNSHINE PAINTING Interior/ Exterior. Pressure Dave, 727 642 -1399 or Stu, ( ) (813)855 -4205. A Christian Owned Co. _� PLUG IT - -IN! $40 FLAT FEE' #RR0067529. Cll (727)743 -4082 CRC1329579, Insured Service, Inc. Dependable Cleaning, 30 yrs. experience. (7 27) - Per Jack. NO Trip' Charge. WINDOWS, DOORS, MORE' Monthly Lawn - Care. Trees ,Quality! 25% Off Labor!! LIGHTNING PLUMBING Save $$$$!!! Verizon Retiree. NO rebates/ gimmicks. Goad WANTED: 20: HOMES TO Trimmed, Total Property Clean -ups. (727)545 -5885. ' #CGC016769. (727)623 -7716. Softeners, Heaters ' = (727)642 -0496. prices. Quality work since show off our neyv Lifetime Ex- terior Paint. Cal to see if r a e rt i ° f Drain Cleaning. No Overtime Weekends i- CFC1427467 727 688 ( ) _..,.. SAVE! PHONE JACKS; Roadrunner Networking; 1980. License #C - 9303. Collin, (727)421-2888• your home qualifies. (Lid. ,° -3366 Surround Sound, Modem, Ca- � #GBC010111} (800 )961 -8547. A -2 -Z MOVING, INC. PAPERHANGING There in a flash! �� 'ARK ROOFING ble TV or Satellite Jacks In_ i(1!° e1 ®' i - (, T 24'. Box Truck. Established Pinellas 1986. Local/ State- feltlltl'ill@tOUCFt" SMALL JOBSPECIALIST Re Roofs, New Roofs, stalled. Lowest Prices! Visa/MG. License #G 8715. ALL WINDOWS /SCREENS , ' Q .. ` rJUCiyp (727)593 -87%3 Senior Discount. CFC057034 Repairs. All Roof Types, (727)547 -8001: R�UNBtial/ E P � QUALITY HEALTH wide. ' FLMM660. Free Esti- , mates: (727)584-2302. Call Charlie, (727 522 -2508 ) Licensed. &Insured. Your (0$�C @Sf Buys j/ Commercial, Commercial. Insurance. Major medical Pre- & Wallpaper Install. r ® (727)793-4915 Can Be FGt[/ltL� l/t Pressure Cleaning: Licensed, Insured. Free estimates. dental coverage, Affordable. d Affordable. Local agent. Call, Dr Professional MOVING Your Professional Local & Removal. � e FL. Lic #CCC1326623 f/t@ �laSSlfleQiSlt _ (727 }393 -1214 (727)866 -7110. Tom (727)422 -6346 1 Moving Specialist. One Piece/ Entire Home. Save Money! Mitch: 397 -2032, COMPLETE POOL RENOVATIONS DENNIS OBERHEU Roofing Contractor, Your W,•d ° ' _, ° r IM -1034. (727)392 -5856. WALLPAPER REMOVAL. Interior Resurfacing, Tile, 9. Re- i Coping, Pavers, Acrylic roofing Specialist, 1 Crystal Island Litescapes a Surfaces Refin !shed ToYour Decks & Total Remodeling. 26 Yrs: Exp. ( #CCC1325810) Enhance Your Home's t . ` Requirements. 30 Yrs, Exp. CPC1457371" (727)322 -8038 9 Beauty & Security. High Quality Landscape Lighting BY THE ROOM, AVERAGE ' Reasonable Rates. Brian Keegan, ( ®27)519 -3681 Days, (727)831-5509. Evenings, (727)430 -1152. R Owens Corning referred Contractor g r Certii►ed Installer & Customized Christmas Size, Low as $60. Exteriors also. #C -7799. Hollingsworth or A Whole New Roof, Roof Roof Masters, (727)546 -8783 - r - fw Lighting. Free Estimates. g• Insured. (727)504-5015. Painting, (727)397 -8189. ' Lic #C °3091. ® •••• •••.•••.•...o..•.•....•a ®•••••• LOWEST PRICES! REPAIR . Commercial pResidenflal or Replace. Family Owned - And Operated. -Since 1964. seat® Rc- oosss,a orr c -7269 RC0066692 /ins: Strickland Roofing. (727)381 - 7663. e " 0 e •. e LOWEST PRICES! 24l7 AvveAll ins ISA Good Roof Repair & ReRoof Specialist. #CG0001695. (727)410 -7323. Remove-Replace- Repair a Shingle® Tile r o One Ply Systems • Commercial /Residential m NEW. ROOFS, RE- ROOFING, Lie. # RC0045580, Insured. 32 Yes. in Pinellas Co. Fiat Roofs, Repairs. 25+ Yrs. 5.% OFF WAD! Pinellas CAL OW M ROOFING, , FREE ESTIMATE CALL KEN WALKER; 447.7172 (727)584 -6387. LIJI Belcher). Furniture, Jewelry, Heritage Presbyterian Apts. clothing something for every- Supplies. • _- , GO! EVERYTHING MUST GO. Miscellaneous. 10200 122nd Ave. N. Largo. g Page 30 Citizen7Today, February 8, 2008 S MHP INDOOR ST. BRENDAN CATHOLIC Saturday, am -6pm. Sunda y' Y Couches, coffee :tables, TV FQR tG BARGAINS Sat:, Feb. 9th, 8:30am -rpm: note Blvd., Park Entrance off Februar y 8, 2008 Citizen Page 3 ® To Piace an lid,' �•� „� Visit The Good Samaritan Something for Ever one! 9 y 104th or 106th Ave N., Largo: a>exx EWSPAPERS � :B� Briefs Thrift 'Shop, 2167 N.E. (727)527 -1359. Watch for signs. ONLY! 8AM -2PM.' Discover , tropics, Tools, Books, Clothes, ♦ m Fax: 399-20 . ,� < -. ,.. , . .,,- n,_ ,,..', , w fi, 3 � • -.. -.€ ,,. n � 3 - 3. t- vim. :h ♦: BEACON wT LEADER. CITIZEN � wiC TVs, furniture, tools, China, Cli'C��C density a discussed �t the opportunity for tourists PP Y sts to determine where chaired the St. Petersburg Cha bar of g m Cam brand clothing, children's .. _ , . , ..,,- �;�� :: �, _ _ . _- .; 4 ,3° Seminole. Furniture and lots • public CCtl the want to travel and what the want to do Y Y. , • merce s Entrepreneurial Academy Alumni As- P Y v'c ou Series. Senior Discount. John; 727 459 -0010. ( ) - 1EJEg�T.�'4C 8- 4.10539111thTer.; Largo: ..,.. <..'• . :.,..,. .,.,: ', .. .. ,wVc.+mn.,Ew*,a , ,.. ..: ,. ,..,..- : xsmmm,•gq RE :::7= ('t >../ I..EARWATER - T he Cit of Clearwater s department will host a IC meeting when the et there. Consequently, greater ef- Y g � g y4 forts must be made to draw them to our area. ....chambers sociation an d sat as a erenriial ud e, far the P J g Small Busin ess Awards. she nas AFFORDABLE QUALITY A BARON SERVICES, INC. JIM'S HANDY SERVICE puter design. 30 years. Specialist. Service Plus. Residential, ' Work.` 24 -Hour . Service. Minor repairs. Professional, planning public #C-9055.(727)391-0959. Free in -home consultation. �- FLEA MARKET & Bake Sale. Experienced, References, HOLIDAY SHORES PARK, SATURDAY 8AM -2PM, 12385 y SATURDAY 8 -1. PARKWIDE to discuss a proposed Increase to the maxi° We' want to create an experience. when eo- P - won several major community awards in reco - j tY g - -, 1 Saturday earn. Cando- wide, i Village Clubhouse Woodside g , - ' r Sat. 2/9, 8am -2pm. No early -, Julia St., Seminole. Ladies it please! m birds, p ease, 300 homes in Pants & Jeans (Size 18}, „� R A Sale at Embassy, Enter y' off East Bay & US 19 (Behind mum allowable density for hotel uses, or le et. here that Will cause them to return P get. ,, again, nation of her leadership in the community. P C _ munity. tual! Licensed, Insured. 4215 East Bay block east of Y ( ark.. Household, furniture, Quali Dress Fabric, Graft p tY $ALE Wend 's . Y.� overnight accommodations, on Wednesday, g Y � again she said. g in and The HerOeS' Campaign 1S a grassra0$S, ,corn -: LIJI Belcher). Furniture, Jewelry, Heritage Presbyterian Apts. clothing something for every- Supplies. • _- , GO! EVERYTHING MUST GO. Miscellaneous. 10200 122nd Ave. N. Largo. g one. 8am -11am, Breakfast. 11:30 -2pm Lunch. Off Semi - S MHP INDOOR ST. BRENDAN CATHOLIC Saturday, am -6pm. Sunda y' Y Couches, coffee :tables, TV FQR tG BARGAINS Sat:, Feb. 9th, 8:30am -rpm: note Blvd., Park Entrance off 249 Jasper Street NW, Largo. 9Jasp St 8am- Noon. 245 Dory. Pas- bureau, bunk beds; household Visit The Good Samaritan Something for Ever one! 9 y 104th or 106th Ave N., Largo: Off, Missouri. Sat. .Feb. 9th sage. Island Estates Elec- g (island ' items, Fri., Sat., Sun. 8 -2. Thrift 'Shop, 2167 N.E. (727)527 -1359. Watch for signs. ONLY! 8AM -2PM.' Discover , tropics, Tools, Books, Clothes, 12340 Windtree . Boulevard, Coachman, Clearwater. Tues.- MULTI- FAMILY: Furniture, Same day repairs. Prompt, collectibles, antiques, radios Jewelry & Much More. Seminole. (Windtree Oaks Friday, " Noon -4pm, Sat. appliances, home decor, name MOVING SALE! FRI.- SAT, TVs, furniture, tools, China, Est Family Owned/operated. ' - - Subdivision). 10am -5_1)m. (7277)447 -9581. brand clothing, children's gam -1 pm. 13150 87th Place, clothing. Snacks & Prizes: PROFESSIONAL Handyman. Lic Lic #C -2791 (727 }579 8574. Experienced. Professional : ALL WOOD, MICA Cabinet items '& MUCH MORE! Sat. Seminole. Furniture and lots penalties are assessed for eadyMhdrawals #a Must maintain a minimum balance of X2,500 in rho account each day to obtain the stated APY. Damply R r , ; v'c ou Series. Senior Discount. John; 727 459 -0010. ( ) - 1EJEg�T.�'4C 8- 4.10539111thTer.; Largo: more! Call Classified 9%- 556 3 t She made a plea LO unicipahtles LO help munity -based fundraiser through which local Feb. I3, 6 p.., at Clearwater Beach Recre- - g ation Complex, lex 69 B Esplanade'., 'out. business Owners, Corporations,. schools, civic R< The proposed in r Its Important to reach out to communities clubs and individuals pledge to raise $1,000 cease will be presented and g discussed with the City Council in March. The to determine what people cam experience once for local Red Cross services. , the et here she said.' Beginning city would like to bran the public's feedback to Y g � g g on Monday, Feb. 18 and running: . e g P Samborn said there are 84,000 jobs involved. through March 7, more than 150 volunteers the discussion with the council. For more in- g in tourism in Pinellas Count and man of from all walks of life throughout Hillsborough, formation, call 562 -4567. .. Y Y g g , them could be lost if there is a major setback Pinellas and Pasco counties will turn the ta- r • -a J., moA u ses r arimenis uonaos. AKUHtH S UUUH5. bALts. BAVER S HEAT & A/C 1 obs. 27 Yrs. Ex p. #C6138: . . Improvement -- ° -- N- eeds. Beaches Beileair Seminole w /Quat Y Servicei Famrl Y C usf o C olo rs .Professional, Honest Service Remodeling, Tie Wall s Insured. ( 727 4i0 _ 1553. Largo. References Ex en Owned & Operated. Custom and DAt Affordable Rates, Fee f 2nd Opinions! ' #CMC056915: 4550. S iz es M ade to Or der. d roo Floors Windows Doors . ALLY OU R HOME enced. ( 727 ) 22 LicCBG1254866 / Insured . ms Doors & lAffordable. (727)687 3060 , Im Improvement Needs. t 727 584 -7770. sofas & Chairs • Cal! (727)544-5861. Remodeling, ng, Te, Walls, Detailed Perfecb omst. ding • Artwork Repairs ,. = .y. .- ^. u. 4 ■ t , 1 .• . . - ues( °", `-' , , -�- �..-.i - +�.•.,�,, �„*� • �, - , . - . . ' . . I Very Reliable, Hardworking, i h, A EPAI B OM Y 9 Patio Door Repair Specialist I. Floors, Windows, Doors. 'CARPET RS YT p p i Call Today For Ii,,,, h .', .. 4:, ROTHERS •. � -. [Deg , 10 . Years te. References. "I Get Them Shdm : A am" 1'!l LICCBC1254868! Insured. Over 30Yrs: Exp. in Pinellas.. g g Hel in others witfi minor Free Estimate. Call Caroline, f. P repairs. s -" --- Affordable! 727 687 -3060. Installation Avail. Free Est: No Installations.. Angie s List � - t ) V' r h sr yal'n R l home Our success de (727)504 0809. 2007 Super Service Award! �, rt0u S m Dorn 13010V u gham 4 ago „ (727)5881591 P -- : ends an our satisfaction. Af w P Y Deli C & E CONSTRUCTION ' ". <, 727 733 °4353. -• - -:_ F . ( D �.- ° ,° .,. ,.. -A GREAT GIRL FRIDAY. � .._ I ,;, ��.� ar"- C�.. ---�` fordab e, experienced, froe es IrsHard ToSrovATeaae Full service Contractor Special- t: •' o *Cheese S. Missouri Ave. No Time To Clean. We Do It , . timates. (727)580 7031. Hales Air Conditioning izin in Custom Renovations, 6 , • ° - < g Your Way! Supplies Included. • Pierogt Clearwater* 727 475 2805 Repair/ Replacement Specialist. Room Additions, Custom QUALITY "CARPET" ) t rya .�I -' ( } Lic /Ins. (727)584 -5464. St <- ��4�`t. `.. ' '• AN EXPERIENCED, • KlelbaSa $39 Service Call On Repairs Free Est. On Replacement Entryways, Decks, Saabs,' Etc. #GRC1327256 :' Repairs, Re- stretches. Wood Laminate, Carpet, Tile. Sales / AAA SERVICES, ALL TYPES DRAPERIES Custom Treatments "& Acces- BRUCE'S FURNITURE • • Dependable Handyman! Affordable Rates. Minor Homo Full Line ®f (727)398-5515. #CAC055503 ' www.candeconsfruction:com. Service, Credit cards accepted P of cleaning commercial( rasa- sories.' Your Fabric- Or Ours. Repair And Refinishing. Specializing In Capin Don't P g g' Repairs: No Job Too Small. , Euro Goods ' www.halesac.com (727)565 -6602. 20 -Years Experience. dential, renovation clean -ups, Simple Curtains To Exclusive Buy New, "Renew "I Free (727)742-3643. ( } o Flesh Breads monthly service. Free''esti- Damage: Ceilings, Texturing. (727)527 -1359. errand running. Call Sharon, Designs: (727 }397 -5708. Raom Additions; Repairs- & ' i Contemporary Look. .•„ , Y 0(727)443 °5546 .. EStlmateS. (727)439-7324. DOYOU NEED HELP'' _. Exterior and Interior. v ALUMINUM/ VINYL. FASCIA; ` Soffit, Screen Rooms, Doors, ; i •� „.' °... ..,, . , POPCORN CEILING? P• Deli Y 0(727)443 °5546 .. EStlmateS. (727)439-7324. DOYOU NEED HELP'' _. Exterior and Interior. v ALUMINUM/ VINYL. FASCIA; ` Soffit, Screen Rooms, Doors, ; y ' g; „.' °... ..,, . , POPCORN CEILING? AFFORDABLE QUALITY Service. ' Houses, offices, - - DRYWALL 4< � °`° 35 Years Experience in Minor Homo Repairs. Call Gene, " Windows; Gutters. Since 1952 ' ANNA'S CLEANING AND HOUSEKEEPING. Removal & Re- Texturing. apartments. One time; weekly,` .BLEVINS CLOPAY DOORS BOWESTILE.COMPANY Affordable, Reliable, Detailed. Water - Damage Repairs. No Job Too Small. Free Estimates fixed? Hire your own NYC inside and Out. www.mrhandyman.com No Job Too Small! Water - Expert Tile Installation (727)735 -4189. #C- 2443.' Bonded Aluminum, Gulf -Front Construction Give Your Home A Fresh, - monthly service. Free''esti- Damage: Ceilings, Texturing. Hurricane Doors m stack, DRYWALL REPAIR AND, (727)596-8030. - Raom Additions; Repairs- & ' i Contemporary Look. mates. Licensed & insured. A Free Estimates. #C -7872! Ins: Same day repairs. Prompt, e _ Remodeling. Since -1971, (727)596- 9006 #CSC1255512 i'- Brilliant Cleaning, Inc. (727 }365 -8499 (727)638 -4342. Honest and Affordable. FREE estimates (727)784 -8481 Est Family Owned/operated. 398 -3961. Lic, #RR0065811. ClassicrinishDrywall corn Fre o" Estimates; All Work Guaranteed. #C -8910. Cali DOWN UNDER Construction phones always answered. o.u,n..o•.en n,: TUB GONST." INC. ABOUT TIME YOU GOT those minor 'annoyances ANNA'S CLEANING AND HOUSEKEEPING. Hang/,.- Finish /, Texture, Fire/ C -9699 For All Your Home Repairs Additions, Renovations, BOWESTILE.COMPANY Affordable, Reliable, Detailed. Water - Damage Repairs. No Job Too Small. Free Estimates fixed? Hire your own NYC inside and Out. www.mrhandyman.com Stucco, Drywall, Masonry, Carpentry, Resit Comm. - Expert Tile Installation Supplies included Call (727)442 -5451. oBCO5ss43/Ins. (727)341.1415 . JEFF & MIKE'S Lic #CGC - 1513681' Since 1977. #C -1806. Floors, Bath Remodeling Backs lashes. 26Years P B &E HOUSE CLEANING Svc. DRYWALL REPAIR AND, Seamless Guttering. , (727)525 -4400 (727)644 -5688. Pinellas Family Owned. Reasonable Rates. Senior Popcorn Removal. No jab too small #C -8493. Call Partridge Fascia, Screen Rooms. Free , , Free HANDY ANDY Home Service Quality Tile Workmanship. Floors, Walls, Showers & Happy House Gleaning. (727)638-7522. 727 638 -7522: Insured, Lic #C -6341. Discounts.- Trustworthy, De- Plastering at (727)709 -2019. Est Family Owned/operated. All Types Minor Home Repair: Free' Est. • Kevin or Mike: pendable. References Avail- PROFESSIONAL Handyman. Lic Lic #C -2791 (727 }579 8574. Experienced. Professional : ALL WOOD, MICA Cabinet (727)946 -8281 (727)539-8281 able.? Free Estimates. (727)365- 5525. penalties are assessed for eadyMhdrawals #a Must maintain a minimum balance of X2,500 in rho account each day to obtain the stated APY. Damply • ' < r , ; v'c ou Series. Senior Discount. John; 727 459 -0010. ( ) Countertops. Reface / re- CQTRCINETlLE, INC. place. Free estimates, com- Bathroom Remodeling CHARLY'S CLEANING - AFFORDABLE QUALITY A BARON SERVICES, INC. JIM'S HANDY SERVICE puter design. 30 years. Specialist. Service Plus. Residential, ' Work.` 24 -Hour . Service. Minor repairs. Professional, Prompt, Reliable, Affordable. #C-9055.(727)391-0959. Free in -home consultation. Offices, Motels. Clean Your #ER0009230. Free Estimates. ` Experienced, References, 35 years experience. Quality Work Guaranteed! House, Wash & Detail. Your Senior' Citizen Discount. Lic #00-1500: Ins. Free Est. All minor repairs. Complete Custom Cabinets: C -7922, Insured. Cara Reliable, Honest, Punc- HOBBS ELECTRIC. Darryl, (727)215 -0685. (727)638 -8957, Kitchens Baths. Low' Rates Bob, (727)423 -3754. tual! Licensed, Insured. (727)441 -2788. opera CALL TODAY FIXED TODAY. Don't Get Dogged! To Gat Appliance Repair. p Pp P , Y 7am -10 m 7-Days. 10 /OFF P REPAIR. (727)541 -5760 LORICCO'S APPLIANCE Repairs On All Major P 1 Appliances, Gas Appliances. Maytag Specialist.. 10 Off Service Call, (727)393 - 2774, d `e , f #C9265 (727)481 -3196, (727)399 -0770. HOLLEY'S CLEANING SVC. 20 Years Comma /Residential Experience. - _ Complimentary _ Estimates. Licensed, insured, III ■ -DAMAGE, :Rotted - Bonded. Refs.(727)535-8933. •: Wood Replaced. 30- Years. r bit KYSTL LAN Ex erience. Lic: /Ins. Guaran- p t 2 Same Address. hOCK teed. 25-Yrs. s. S ( 9, Housekee in Inc.. The Per- C-5875. C -5875. 727 686 -3109- feet Gift! Gift Certificates Now New Installation " Available. Insured &' Bonded. - (727)455-7691. AL TYPES INTERIOR! Repair WOW EXTERIOR TRIM. DOORS, Floors,Walls Crown Molding, Soffit, Fascia. Sh ®wars -Tubs The Experience Goes On! re Estimates ` °28 Years In Business x• F CLOCKS Repaired! Restored #C -5676 Ins /Ref: Bill - Lulucki 20'YrS: EXp. 40 Years Experience. Free 1. Electrical Services, Inc. Minor home repairs. 28 years Also Available Weekends! experience. Free Estimates. (727)447-1540. Call Brian , (727)434-5246. B &B Electrical tions of S u A.R.C. We have the solution! All Honest Dependable, Fair: electrical' repairs /installations. All types of minor repairs. "Fuses to Breakers, Senior Senior discount. 30 years Discounts! #ER13012577. experience. (727)461 - 3337. (727)546-7047. QUALITY HANDYMAN AFFORDABLE! Services, Small jobs. Quality Y Let Us Check Your Shorts! workmanship. Affordable No Job Too Small. Senior prices. Senior discount. Lic. Discount. Evenings/ Wknds. Ins. Steve (727)678 -8082. #ER0013513s(727)251 -3378- FAMILY MAN- ALL MINOR k • • a Fre o" Estimates; All Work Guaranteed. #C -8910. Cali Visit our showroom at Belleair Flooring Phone/ Fax, (727)535 -5304. Cell 646 371 -2269. ( ) PROMPT SERVICE A BEST IN MINOR HOME Repairs. Immediate response, ABOUT TIME YOU GOT those minor 'annoyances PINELLAS COUNTY BRANCH OFFICES Nursery a " (727)367-1450. 100 Indian Rocks Rd. 2175 Road 727.536.6229 1875 Belcher Road 727. 791.6115 FAIR PRICE professional work, reasonable fixed? Hire your own NYC try ** 3- D APPLIANCE www.acuarid h � .corn .,�. (727)581 -9099 DO YOU NEED A HELPING Hand.: Cleaning, Laundry, All our electrical needs, New Y rates; references. Hauling service also available. i Super SUPER MARIO, LLC. 19 years exp. Fully insured: FREE SERVICE CALL With DETAILED HOME Cabinets New & Services. Refaced. HUSBAND & WIFE TEAM- Errands, Handy Services. & Old, Panel Upgrades, Free Estimates, Licensed /Insured. (727)458- 4322. (727)793- 8141: repair. Prompt, experYservice; P Wood & Formica. Counter - Quality Tile Workmanship. Floors, Walls, Showers & Happy House Gleaning. (727)638-7522. 727 638 -7522: Charles,' Master Electrician, A DEPENDABLE, THE DUNEDIN HANDYMAN all brands. Family awned t d 727 446 9235 tops, Wall Units. Free' Est. Bathtubs Exper'd #G -5760 The patient and any other person responsible for payment have the right to refuse to pay, cancel - EC13001155. - Montgomery PROFESSIONAL Handyman. JS & JR, Inc. Polite & Courte- opera CALL TODAY FIXED TODAY. Don't Get Dogged! To Gat Appliance Repair. p Pp P , Y 7am -10 m 7-Days. 10 /OFF P REPAIR. (727)541 -5760 LORICCO'S APPLIANCE Repairs On All Major P 1 Appliances, Gas Appliances. Maytag Specialist.. 10 Off Service Call, (727)393 - 2774, d `e , f #C9265 (727)481 -3196, (727)399 -0770. HOLLEY'S CLEANING SVC. 20 Years Comma /Residential Experience. - _ Complimentary _ Estimates. Licensed, insured, III ■ -DAMAGE, :Rotted - Bonded. Refs.(727)535-8933. •: Wood Replaced. 30- Years. r bit KYSTL LAN Ex erience. Lic: /Ins. Guaran- p t 2 Same Address. hOCK teed. 25-Yrs. s. S ( 9, Housekee in Inc.. The Per- C-5875. C -5875. 727 686 -3109- feet Gift! Gift Certificates Now New Installation " Available. Insured &' Bonded. - (727)455-7691. AL TYPES INTERIOR! Repair WOW EXTERIOR TRIM. DOORS, Floors,Walls Crown Molding, Soffit, Fascia. Sh ®wars -Tubs The Experience Goes On! re Estimates ` °28 Years In Business x• F CLOCKS Repaired! Restored #C -5676 Ins /Ref: Bill - Lulucki 20'YrS: EXp. 40 Years Experience. Free 1. Electrical Services, Inc. Minor home repairs. 28 years Also Available Weekends! experience. Free Estimates. (727)447-1540. Call Brian , (727)434-5246. B &B Electrical tions of S u A.R.C. We have the solution! All Honest Dependable, Fair: electrical' repairs /installations. All types of minor repairs. "Fuses to Breakers, Senior Senior discount. 30 years Discounts! #ER13012577. experience. (727)461 - 3337. (727)546-7047. QUALITY HANDYMAN AFFORDABLE! Services, Small jobs. Quality Y Let Us Check Your Shorts! workmanship. Affordable No Job Too Small. Senior prices. Senior discount. Lic. Discount. Evenings/ Wknds. Ins. Steve (727)678 -8082. #ER0013513s(727)251 -3378- FAMILY MAN- ALL MINOR ous Service. The BEST for LESSI We Do It All For You: =f. No Job Too Small. 15 Years •�+,��,; .�.: £ {, „ �" � , : � f ,r e€< � , y .�,� u ... .fi. .: ..,- ice' - Experience. Free Estimates. �- , ,art r All Work Guaranteed & In- sured. , < bias relocated D t , .,, en al Practice t Ce 0 „ 1527 S.`HI bland Ave: Clearwater. , _ I rwater. (727)851-5889 u _ , , ° , VOTED FLORIDA'S FINEST n man. all Now, W �� ,,� _ Had C o e . �.., Y _ .., Answer W Make Your Li We e ou Life t 70, Easier. (e ar tls.c Lic. #DN12094 i ' #• a ...,.. Nurse .,... :;:` :, .° Rd. - insurance As I __ ry g .> CEMENT/ CONCRETE (727)518 -1894 (866)235 -1900 ■ p r s r ® ®• Driveways, Sidewalks, Patios.`" " o Window's O • Professional, Affordable, Free Estimates. Insured. ® Remodeling.o* Bath Remodeling Lic #CRC058463. MC/Visa: STATUES, FOUNTAINS, @ McConnell Construction Planters; Balusters. Wh I I t th P bl• Sn I i ® (727)539 -0421, o esa e o e u is a a, 'ti® Pinellas Cast Stone, Largo. .{ • 1 -` CONCRETE`N BLOCK www.pinellascaststone.com �s a • Handyman Services ,. State- Certified Contractor. (727)531-634a n I ia ea I �' Treated over 150,000 patients: e t.- DR. SARA SHIU ®18 years ye of age or older PINELLAS COUNTY BRANCH OFFICES Nursery • . -, ® Health 2175 Road 727.536.6229 1875 Belcher Road 727. 791.6115 A (Value $282 N } �' ® Have trouble falling asleep before www.acuarid h � .corn .,�. • p 1 �[)oi Exam • D 2 • o , 5(} m 0 74 Bltewmgs DQ330 Panoramic D1110 Praphy ous Service. The BEST for LESSI We Do It All For You: =f. No Job Too Small. 15 Years •�+,��,; .�.: £ {, „ �" � , : � f ,r e€< � , y .�,� u ... .fi. .: ..,- ice' - Experience. Free Estimates. �- , ,art r All Work Guaranteed & In- sured. , < bias relocated D t , .,, en al Practice t Ce 0 „ 1527 S.`HI bland Ave: Clearwater. , _ I rwater. (727)851-5889 u _ , , ° , VOTED FLORIDA'S FINEST n man. all Now, W �� ,,� _ Had C o e . �.., Y _ .., Answer W Make Your Li We e ou Life t 70, Easier. (e ar tls.c Lic. #DN12094 i ' #• a ...,.. Nurse .,... :;:` :, .° Rd. - insurance As I __ ry g .> CEMENT/ CONCRETE (727)518 -1894 (866)235 -1900 ■ p r s r ® ®• Driveways, Sidewalks, Patios.`" " o Window's O • Professional, Affordable, Free Estimates. Insured. ® Remodeling.o* Bath Remodeling Lic #CRC058463. MC/Visa: STATUES, FOUNTAINS, @ McConnell Construction Planters; Balusters. Wh I I t th P bl• Sn I i ® (727)539 -0421, o esa e o e u is a a, 'ti® Pinellas Cast Stone, Largo. .{ • 1 -` CONCRETE`N BLOCK www.pinellascaststone.com �s a • Handyman Services ,. State- Certified Contractor. (727)531-634a n I ia ea I - 0 Digital ay a ®18 years ye of age or older PINELLAS COUNTY BRANCH OFFICES Nursery • . -, ® Health 2175 Road 727.536.6229 1875 Belcher Road 727. 791.6115 A (Value $282 N } �' ® Have trouble falling asleep before ;. 2575 Ulmerton Rd. 727.556.2755 6750 Gut ort Blvd 727.3 -2265 44 • p 1 �[)oi Exam • D 2 • o , 5(} m 0 74 Bltewmgs DQ330 Panoramic D1110 Praphy rrudnlght for at least 3 months ' NOW OPEN 83 Mandalay , '; 4 y Avenue.... 72? 448 0961 1 *Minimum fee only. Cannot be used with insurance. 1 Volunteers who qualify will receive study medication and study related medical care at no cost. . < Call us - we will mail an account application to you, 1 Periodontal treatment maybe. required. Expires 2/23/08. 1 . You may be compensated for your time and travel. or visit us online at interves tb .cool 6 ® ° - - - - - -- ® ® - - " - ®° .. Call the to download an application form ` -',• - l/fSA = Clinical Research Group Of t. Petersburg, Inc. 0 The patient and any other person responsible for payment have the right to refuse to pay, cancel - Neil Z. Feldman, •' Medical irect ®r * Annual Percentage Yield {APY) is accurdte as of date of publication, and may change thereafter.. Minimum deposit required to open the CD and earn the stated APY is $2,500. Substantial �■ I payment or be reimbursed for payment for any other service, examination or treatment that is performed as a result of and within 72 hours of responding to the advertisement for the free, o > • e r e ,� s • `." -i penalties are assessed for eadyMhdrawals #a Must maintain a minimum balance of X2,500 in rho account each day to obtain the stated APY. Damply discounted fee or reduced fee service examination or treatment ^ • I I o° registration and !. affiliation not • 't to Pinellas , "People r were calling into the state • • Sterling Ivy, commu- Division of Elections,, • - that • ` problems re- to participate • r Whitlocksaid. Ivy agreed that lack of education about how • -• primary works causes problems. "People . who move to the state from states online at www.,vote pinellas.com, r public libraries. primary .The next- election ` • • tio . I tit police Chief Sid I ffleffi told reasons there are several cops" that of should not be "When citizens are hav- good day, you dont hear them • i • said. ` "But when things go wrong, they want a cop there and they want • - Extra clubs also available. 1995. 65K Original Miles, ° r 3 WHEEL WALKER, Merits, black, 59 "x50 ", fits 32 "' TV, (727)492 -3482. W340R g ed Side Rails, tate. IRS tax deductible. Free t ry �. t` 1 t > t t } 1 Y doors;, storage, $50.1 (727)392-2070. •. } d.. „ ,, I • pick-up/ tow. Any model or condition. Help underprivi- b ® $ TREADMILL„ GOOD COND., HP 3970 SCANNER, $20; HP DeskJet 694C printer, $20; } ri f ... °,_, ....; �_•• N., CHIHUAHUA: 1.5 YRS OLD, 'Sable/ ACURA 2006 TL, , WHITE/ Black Leather.' Upgraded le ed children. 800 69 -7 11 3 9 g (' ) or www.outreachcenter.org. WANTED: ANTIQUES, (727)398 -3944. 51bs, Female, White. Sport Package, Navigation, DONATE YOUR CAR TO Watches, Musical Instruments, ' AKC, ` . Spayed, All Shots. Loaded;` ? 13,500K ' Mint! American Assoc. for Cancer Old Cameras, Fountain Pens, HUNTING OUTFIT: GORTEX AWESOME! $600 /Firm. . $28,500.(727)224 -8690 Research - Saving Lives Picture Frames; Paintings, . . Through Research. Fast, tree Corkscrews, Lighters, Glzmos, Wool jacket, pants, hat, glove. .42 Lg. $100.1(721)395-00166. �w n CADILLAC, 2005 STS, ONLY towing. Non- Runners. accept- Gadgets. (727)953 - 8610. FERRETT, FEMALE, 4 Years •old, fun. To a loving home with another ferrett, $50. 12K Miles, Driven By My, Mom. $26,900 OBO. Call Michael, able. Please call before the tax Year ends. (800)728 -0801. ♦ °' )' �° " JVC 26" COLORED TV, . 2002. Excellent Condition! $ao/o.B.Q. (727)812-7104. 732 604-8266. ( ) (727)596 -1374: Ira ,i •'- - r `a .ice 'i r' r, r .:• TEA CUP POMERANIAN TOYOTA 1999 CAMRY LE 4 cylinder,, 65,000 miles, g 4� t .��.. 18' REGAL,i 1995 Bow - rider; 8:30 -12. Anona_Senior's ga- rage sale. Something for eve- PADDOCK RIDING BOOTS, Brown. Like New. Zipper front. AKC, Male, 11 Weeks, 3 lbs. Leather Seats. Sunroof. Great Valanti, 182SE. Mercury In- ryone. 13233 Indian Rocks Size 5. $20. (727)459 - 4220. Adorable. $500, Includes Sup - condition. Good on ` Gas. board ' w/1997 ° Continental oil REFRIGERATOR, 17 CU. FT. plies. (727)479 -8879. $7995 O.B.O. (727)692 -4977, Trailer. $1,200 (727 953 - 8898.' ) trance on Wilcox Rd., - Magic Chet Excellent cond!- JEEP GRAND CHEROKEE . . . .. . ... . ! - # # • ,� •rte • -•- - ` . .. _ � r • •r , • •• r i -r t- r # r •_ , flklwtn , fm mar, I ii,11511; 1111111111 we .. . . . 1W ARM registration and !. affiliation not • 't to Pinellas , "People r were calling into the state • • Sterling Ivy, commu- Division of Elections,, • - that • ` problems re- to participate • r Whitlocksaid. Ivy agreed that lack of education about how • -• primary works causes problems. "People . who move to the state from states online at www.,vote pinellas.com, r public libraries. primary .The next- election ` • • tio . I tit police Chief Sid I ffleffi told reasons there are several cops" that of should not be "When citizens are hav- good day, you dont hear them • i • said. ` "But when things go wrong, they want a cop there and they want • - February 8; 2008 Citizen/Today, Page'29 « ' Te Place an Ad rampa Bay NEWSPAPERS BEACON • LEADER + BEE CITIZEN enranr�r.TB�lelVeekt «�ca�m 4 d ��.. � . • � .,..� ... Fax: 399 -2042 F7 -71 �b 0rrr% r ♦LI:.. Making Dreams Come True! NEED. IMMEDIATE HELP BIMINI TOP, 8'6 BEAM, BUNK BEDS: TOP BUNK NEW MOTORIZED Wheel- . ,.- ATtMAAiNE . Work from home F/T or P/T. with bills? Debt Consolidation, stainless steel frame, black Twin Size, Bottom Bunk- Full chairs & full line of Medical Health insurance available ' be personal, business loans from sumbrella,: ' $200, Nautical, : Size. Dark Pine.- $150. Equipment. No cost rf eligible. immediately! Seven year $3K- $300K. Bad credit OK. No child's bunk bed; white w/ lass Y• y g (727)593 -1699. Medicare, .Medicaid &Private Id publicly traded - « o p c y ded company. fens. Gall (888)212 7945.. bead trim, $200 (727)560- Insurance. An Accredited Fa www.bardmoortravel.com chit : Call 877 667 -7088 or COUCH 4 TABLES Recliner Y ( ) PEP= ENTERTAINMENT ENTER (727)430-1640 ). C Entertainment Center, Love (954)3351564 or .visit our t Il :, , 53 x45 x17 , wood/ lass, 25 website www.hel in hands - A CASH COW!!!! ° ••' - glass, , Seat: $75 Each. Dinette Set, P 9 27 ". BEAUTIFUL 1967 WEEK- Zenith TV. Perfect condition: medicale ui ment.com. Hab- 30 vending machines. You ap- ABOUTTO. LOSE $600. (727)470 976f. q P We specialize to ender 268. Excellent condition. , = One price, $200 O.B.O. lamos Espanol. rave each location. Entire ' Full cabin, shower. New tnaxle P YOUR HOME. 727 595 -9270. DINING _ ROOM, STANLEY business- 7 I ( ) cars for less than $10,9 0 HURRY.. -you can do somethin about � .;, ,_. aluminum float:. on - trailer. 9 Pecan finish.- 84 double n'ti - - 800 836 - 3464.. #602428. • i ENTIRE CONDO: ALL, - Fur - � $15'000 O.B.O. ( ) it. Free Consultation. Rosalyn , • Y pedestal table plus two 18 �• r a , $b,oao with less o Carlton; RElMAX Action First, rnshings like new. Beach style, Cap- (727)644-0400. �� (727)460-0943. N �o livin r i ' - leaves, 4 side chairs; 2 JC'S BUILDINGS Garages, ' ' g oom, d nmg room, bed yam s chairs 6 -ft. lighted hutch � t�tati 100,000 Ri6les. $10 Start -up Fee. Set Your room, kitchen. Whirlpool appli- w! la s front. $1,50-. barns, carports, starting $595. DONATIONS NEEDED ;•m_ ; Own Hours. (727)215-6339 $$ACCESS LAWSUIT CASH ances; W /D; refrigerator, oven, g $ $ ' Galvanized steel, 2 styles, 13 Preview our inventory at of BOATS & RVS ( ) Now! As seen on TV. Injury g (727)595-6373. Y ry Hab(o espanol (727)543; 7340 1 Y microwave,'. dishwasher: Cell- ' • :colors: Free installation /quote TAX DEDUCTIBLE 501(G3) Lawsuit Dragging? Need ing ' fixtures; fans, etc. All DINING TABLE, 36 "X60 ", 8 ' on any size. FL. certified war- outhorizedoutasoies.com HELPS SPECIAL NEEDS CLEANING FRANCHISE For $500- $500K+ within 48 /hrs? 3 500 O.B.Q. Will separate. rant avail. Open Saturdays. Sale. Commercial Buildings, L ( P Chairs. Rattan & Glass. Like Y P y or visit our display area Children & Adults • - 9 ow rates. Apply now by ` (727)393 -3333: New. From Leaders. :$550 (386)736 -0398 (866)736 -7308 - - Night ,Work. $53,000/Year. phone! (800)568 -8321 or visit O.B.O. (727)392 -0699: icscarportsandgarages.com at 8220 Ulmerton Road, FREE PICKUP $13,000 OBO. Call Lu, www.FastCaseCash.com. ESTATE ".SALE INCLUDING FL Dept. of Ag. Rg #CH16520 (727)466 -9446, Days. two Bose 501 speakers, excel - ' ENTERTAINMENT CENTER, Largo - Call Dennis 727 638 -4685 CASH LOANS AND GRANTS! lent condition 300 O.B.O. LUMBER l LIQUIDATORS ) MEDICAL ID SALES $1,000 to $300,000 available. $ Beautiful; Solid Wood (Oak); Hardwood Flooring From $.99/ Authorized ILLNESS FORCES SALE. (727)392 -3430. 61 "x41 ", Fits 32" TV, Doors SF. Exotics, Oak, Bamboo, Potential 6 Figure Income. Personal or Business use. Great family. fun. 1994- 25' Full/ art -time from home. Visit : Poor Credit and Low Income . FIBERGLASS 3 RISE STEPS w /btass Handles, $150. Preflnlshed & Unfinished. Bel - P, •. 4 0!S Monterey cruiser, 250hp medicatdynamiesine.com accepted. Same Da Process- w/2 Aluminum Railings, $125; (727)595 -4067. lawood w/50 Year Prefinish, w /stainless steel prop, remote Y Plus a Lot More! We Deliver 8220 Ulmerton Rd., P P., (727)452-8147. mg. Call 24 hours. Fiberglass 3: Rise Steps w/1 LIVING ROOM SECTIONAL light,: stove, refrigerator, Aluminum anywhere; 5 _Florida Locations. - (800)539 1516. umi um :Railing; ` $1pQ Yw Suite 9 Largo stand-up shower & head PET GROOMING, ST. PETE. sofa wlsleeper,' neutral color, . 9 P , Entrance Wood Platform 800- flooring, (800- 356 - 6746). sleeps four, kept high & dry.. , Established clientele, low EZ MORTGAGE LOANS Deck; Approx. 5'x4'x2', $50. $375,(727)587-6609. 727 -531 -4 Excellent condition w /low overhead, high potential, FHA; VA & First Time Home- SAWMILLS ": FROM ONLY 727 595-.1902. ( ) MEMORY FOAM ALL VISCID Est. 1984 n� Acre red hours, 'Priced below market. $18,000 Gall after 2pm, buyers OK! All situations con- $2,990. Convert your logs to -� P New Thera -Pe V) Mattresses (727)595- 7078. (727)399-1172.. . sideeed. "Purchase & Refi- FREE, DIRECTV 4 ROOM valuable lumber with your Nor- ' I k System! Checks Accepted! (As -seen on TV)., High Den- wood portable band sawmill Hance. Law Fixed Rates. Resl y p p a d sa m IL 2000 18' KEY LARGO, 120h ALL CASH CANDY ROUTE.. P 250+ Channels! Starts 2 I $34 25 yr. Warranty. King $4 9. l Have Fun. and .Get Paid!' 0 denfial & Commercial. $ 9 99. : Log. skidders also available. ♦ r r ' ti. Johnson, custom canvas T -top 3 $349, Queen $399, King here! s. „ . , , (813)8542300 x401: Get Im Free HBO /ShowfimelCinemax Free ' information; ..call • :...•.; - -.. -. >:, -,., , with :trailer & all electronics. - -., Machines; Free Gandy, All for.. I I Fast free delivery anywhere! mediate approvals G & Starz 3 months. Free, , - 800 -578 -1363 ext. `300 N. Read to fish! 5 700 O.B.O. $9,995. (888)629 -9968; PP TheraPedic, Dormia, Aire & FORD 2005 ESCAPE JEEP. Y $ , www.WestshoreMortgage.com We're local installers! www.norwoodindustries.com. Sunroof Automatic 4 Wheel (727)251- 2290.' not be under Gall us: We will Electric ,Adjustables. Best i (800 )973 -9044, (800)216 -7149 Drive, Aluminum Wheels. Very not be undersold. NEED A LOAN? No Credit? Price! Call anytime. 7924 W. STEEL BUILDINGS, 5 only. Y 2000' VECTOR Hydrosports Bad. Credit? Bankruptcy? GREAT DEAL ON A Washer Hillsborough - (across- from Must move now! 25'x30', Clean Car! (727)742-3643. 20' CC w/T -Top,' Electronics, AMERICA'S FAVORITE Co F- , ,.. . • Repo? Foreclosure? Personal, & Dryer, electric; white, good Wing House) (813)889- 9020, 30'x40% 40 x50 , 45 x80 , 175HP Johnson _ w/Trailer. fee Distributor. Guaranteed ♦ g „ • • • Auto Consolidation Business condition. Reduced: to 125. Polk 863299 -4811 Pinellas. :. ' • °, _:;, : Excellent i accounts. Multi- Billion In $ ( ) 80x150 :Will sell for balance „ .,,,.. Condition! $17,000. $ d al . Loans : Available. "Helpin (727)391- 8062." (727)525 -6500, 7101 U.S, owed. Free . delivery! (727 }251 - 4763. try. Unlimited profit potential.. g TOYOTA 2000 SIENNA People w /Credit Problems Hwy. 19 N. Hernando. (800)462-7930 x98. • - Free info. 2417. (800)729 -4212 SPA 4 SEATS + LOUNGER _ Mini van r. $ 800. miles. Ma- , Since 1991. (800 )654 - 1816. (352 )688 3454, .3021 Coin 2 3HP pumps +2HP air in ec- roan color. $7,800.' Very good FIRE YOUR BOSS & BE Your. Financial Specialty "Services. P P 1 mercial Spring Hill: Toll -free. � -•• .. Y g tor. 88 "x88 "x34 $795. P g condition. (727)595 -5575. Own Bass. Say good-bye to o (800)287 5337 or visit website ,.,. _ „„ BOAT- MOTOR: NISSAN ' PAYMENTS GONE UP. (727)581 7507.. ; -_� our commute and Ion hours. www.mattressdr.com. _ -_ ,. ..:... Y g -.:,. 15 4 Stroke Outboard: et v r Y • In Foreclosure. Mortgage e U •,.... � -�� g,�-. T�������u L r r 9 9 P -. Make CEO income from any- timp ... . ..:. Y v, _ ;..: - .,, 15 Hrs, Like New. Call Pete, where. No ex erience neces- side Down. Problems Refi ; ,,, NICE SOFA.& ed w /coAT, P nancin ? . Governmenk Assis- : 1 - f � (727)319 -6979: sar . 20K -80K g "- $ 95, ancy daybed w /cover, Y $ (monthly). tance Available. Free Consul- ** $95; ualit PC desk $195 50 DlTech Motor Scooter; The Trainor available, Don't Be- E quality 9 tation. 24 Hr. Rec'd. Message. Italian motor scooter is in great �. f lieve, Don't Call! 9. (727)5241367.. or visit website WASHER/ DRYER $900(SET. , g a r ® shape; a few scratches, with 650 954 -8031 or visit website (866)495-3863 (. . ( ) All Appliances $50 U :Same � .PRESTIGE BOAT DETAIL www.USAForeclosureBailOut.com: PP P SOFA SLEEPER ;AND only 1,725 total miles, purrs' www.wealthwithinte rat .biz. a Quality Work! Best Price! 9 Y Da Service/ Delivery. 100/ SAVE $28000 OFF MSRP likea kitten. The color isVen- tY ce SAVEYOUR HOME y y Oak Pia Off White; $250; GOOGLE CLICKERS NEEDED . Warranty. 13)5 :5.; Missouri Oak Piano w /Bench Antique 21' Phoenix Cruiser 2005, ice white - it's silver/white -Mobile -Full Service +Mainte- • -`": FROM FORECLOSURE, q nance Plans -Free Estimates $$$ Weekly. New limited time Ave. (727 }446 -9235. Tuned, $250. (727)596 -7976. 6,000 miles, 12mpg, extended ' metal' flake:. Scooter comes r Our work is FREE to home warrant Perfect , condition. - - (727)403 -2053 opportunity. For free. mforma , Y with everything helmet, own owners, No obligation. FRIGIDAIRE Refn erat r M I tlon pall (800)706 -1824 x4196.. g a , UST . SEEI. $49,000. " ers manual,. gaggles, bright. a r Pe sonal service on with ...,,., White 4 Years Old Excellent -- _ , -. .. _- A (630)205-0473 (727)781-4345. .. <, . _.......,,, riders vest and a Batter Ten „ Y Ten- honesty and ant n Condition! „ _ . �,.. e We I _ 9 t Y n i _ . Co d lion. 68 1/4 Hx29 1/4 W ® r e _ . ,, der, to keep the battery HAMMOND ORGAN,.. T243, _ y ,: , <.:,.. BOA ;: SLIPS, work hard to protect our _ _. T S PS, CLEARWATER , ,...... P Y 250. 727 586 2476. T , $ L charged ' The n i I , _ ( ) � . _ e ne s ' dual keyboard, 13 note pedal �� , ,. -. 9 g , -- Y p , -„ .. Beach private dock one slip credit for your future buying , , , ... -.. ., . P P 49.38cc, DlTech fuel.mected; E PAY CASK NOW . ; ,.. ,.-. ;, ;: board, good condition, Leslie ` .. 1 ,. over. We offer fast; effective 32 ROYAL wet, 40 ,one w /lif4 w /roof; 23'. P OY L INTERNATIONAL ♦ r electronic I nation and ets un far owner financed mortgage I r f` - - 9 9 , � s Bakers, $350 727 392 3430 negotiations with o r _, P ( ) 727 446 -2811. , u .,, Trailer. Permanent Alu i ( ) Y m Hum believable as milea a -90m .�, _notes, business notes; court , g 9 Pg _.. Call Bngette or 24 PIECES OF WOOD FOR Awning. 4x7 Shed„ Storage and tops out at around' 45+ settlements, annuities & lottery " " YAMAHA CLAVINOVA Plan p TREASURE ISLAND, Private . Deborah, (727)698-9622. _ o Box: Bickle Park 5640 I- , fireplace; 16 18 long. y Semi- mph: Great for daily commutes pock: Minutes To Gulf. 1 -30 , payments. Call Krlstie at: www.fastfreesolutions.cam. 727 393 -0187. Model CVP20, 88 :keys, Hale Blvd, Lot 109.:$6 000. (727 )507 -9050 ( ) x • • � and around :town chores. $185 /Mo. Also .Lift 10'-30', a excellent condition, - matching (727)393 -7495. Won't last long. Private owner, ? . " stand and pedals, - 375. 9 $275/Ma. Larger Boats $. P $ $2,200 O.B.O. 727,)501-4256. 7. - , ( 27 542 7994. ,:. 1 �.kt1 � ,, , , ;; . , . � (727)392 3430. � ( ) . � .., ..,,;� , ..�, ..<.:;, 4 ,,,o.,.k, ,, 99 SALEM, MADE 8Y GIGANTIC ARCADE & PIN AB ROLLER: _BRAND NEW, Forest River. 29' with 12' slide - HONDA 1995 MAGNA 750, WET SLIPS. FOR RENT $CASH$ IMMEDIATE CASH Still In Box. $35. I very clean low miles garage for Structured Settlements, ball Auction: Assets of Bir- ♦ : 9 r ® j y and many extras. Asking Y 9 9e Up To 50' Available. mm ham Vending. 300+ (727)578 -1017, , ; _ kept, nice ride, - $3,500: Annuities Lawsuits ` Inheri- g g - $6,500. O.B.O. Call 9AM -9PM. P ABC Marina, Madeira Beach. tances Mortgage Notes and coin- operated arcade video ESTATE SALES (727)482 -1660. (727)742-5141. (727)393 -2090. ADULT 3 WHEEL BIKE games, "pinball machines, , .Conducted &,Estates Cleaned Cash Flow. JG Wentworth' #1 ,- . new tires. 85. C n i r ,,,. � .... Jukeboxes, etc. Sat, :Feb. 9th $ a delve . Out;, PR's; Guardians, Trust 1- 800 -794 - 7310:. • r , t : Officers @ 10AM 4102 L.B. McLeod (727)518-7376. � &- Individuals. Selling �: ..: -, �;.. �,..�u,..,- .,,��)s �,,�:.:a•�,,:�,. ... CONSOLIDATE BILLS Rd., Suite B; Orlando, FL. BEACH SCENE PICTURE Your China, Crystal, Silver, 4'X6' MESH Wl3' FULL 4 WHEELS & TIRES FOR L &M DOCKSIDE. $2,000 - $200,000 <7% Average (714)535 -7000 or visit website oil 3 arts' main part, 30'x30" Glassware, Jewelry Or Any- Enclosed box. Tailgate. 3/4 "_ " Chrysler / Jeep. Goodyear Complete Boat Repairs, Rate. Good /Bad Credit. Solu www.superauctions,com. 2 side parts, 1"x30 ", $35; thing, Of Value! 30 Years In Marine plywood floor. Excel- tires, mounted. and balanced., MERCRUISER/ CRUSADER, ions for. all our financial Seminole. 727 433 -0494. P215/65R17 750, • t y (727)251- 0511. ' • . ( ) lent condition. „ $700.. $ Eta Engine/ Electrical Repair. _ needs. Speak to a live opera- (727)391- 9920: (727 }319 -3049. Mercury Outdrive' Service. 4 for. CHERRY ENTERTAINMENT (866}618 2455 or visit , . 727 501 -1727. �* „ „ • ' r z ( ) Unit 85 Hx3 Wx2 D , . ♦ t r r www.PaylessSolutions.com. ��f�t��i 6 0 Excel,, ,,�, Y �J , . - 2001 6X16 2 AXLE W( CREDIT REPAIR! LEGALLY - lent Condition. $75:; Cash & HOME GYM. ZUMA WEIGHT electric brakes. Fold. down T 1111�►F�IN Carry. (727)812 -9683. Fitness. Center, Bodyguard ate! "ram ' $1,295. 060. THINKING ABOUT Full Service Marine ` remove negative information g P y Treadmill, New. Crasstram u. _ SELLING OR TRADING . from credit, reports! Charge DINING TABLE & 4 CHAIRS, (727)581 8586. j ill P M _ V Repair & Boat Storage.: Like New.: $3,000. W ay ore Than Trade in - offs collections bankr t i " '`•' Walnut 2 Extra Leaves. Good (727)546-2628 , up c es, . + I $ `: , : � E , =c on Goad, Glean; ( ) (727)638-4154. re os medical bills eta Raise Cond. $100.(727)392-1247. • Scores. 100 %` Satisfaction. + e Low-Mileage Vehicles. . JEWELRY EQUIPMENT FOR ELECTRIC COOK May- : s e e m e r '';-; Harold Corey, Auto Broker ,'- ' 'Member BBB - � Y ; ' �.�..."" 888 687 1300 ) ( A i v , Sale. F ce m to 4 burner : cr m fi i �. _. (727)595-9393, _ a t g Machine, $600. g, ea n sh, a,,- ' 954 689 7990 (888)687-1400 ( ), _ � G�A6�ES�RiES�LES (727)546 0614. $75; (727)560 -9057. MENS GOLF CLUBS. 2 Sets, AA RATED DONATION. Do- " or visit www.usicr.com.- complete w/bags. $100 each: (. ) ! ENTERTAINMENT CENTER, Extra clubs also available. 1995. 65K Original Miles, ° r 3 WHEEL WALKER, Merits, black, 59 "x50 ", fits 32 "' TV, (727)492 -3482. W340R g ed Side Rails, tate. IRS tax deductible. Free Table, dark walnut w/1 chair, doors;, storage, $50.1 (727)392-2070. •. } d.. „ ,, I • pick-up/ tow. Any model or condition. Help underprivi- b ® $ TREADMILL„ GOOD COND., HP 3970 SCANNER, $20; HP DeskJet 694C printer, $20; } ri f ... °,_, ....; �_•• N., CHIHUAHUA: 1.5 YRS OLD, 'Sable/ ACURA 2006 TL, , WHITE/ Black Leather.' Upgraded le ed children. 800 69 -7 11 3 9 g (' ) or www.outreachcenter.org. WANTED: ANTIQUES, (727)398 -3944. 51bs, Female, White. Sport Package, Navigation, DONATE YOUR CAR TO Watches, Musical Instruments, ' AKC, ` . Spayed, All Shots. Loaded;` ? 13,500K ' Mint! American Assoc. for Cancer Old Cameras, Fountain Pens, HUNTING OUTFIT: GORTEX AWESOME! $600 /Firm. . $28,500.(727)224 -8690 Research - Saving Lives Picture Frames; Paintings, . . Through Research. Fast, tree Corkscrews, Lighters, Glzmos, Wool jacket, pants, hat, glove. .42 Lg. $100.1(721)395-00166. CADILLAC, 2005 STS, ONLY towing. Non- Runners. accept- Gadgets. (727)953 - 8610. FERRETT, FEMALE, 4 Years •old, fun. To a loving home with another ferrett, $50. 12K Miles, Driven By My, Mom. $26,900 OBO. Call Michael, able. Please call before the tax Year ends. (800)728 -0801. ♦ °' )' �° " JVC 26" COLORED TV, . 2002. Excellent Condition! $ao/o.B.Q. (727)812-7104. 732 604-8266. ( ) (727)596 -1374: a• I ° r • "' ANONA UMC SAT Feb. 9th TEA CUP POMERANIAN TOYOTA 1999 CAMRY LE 4 cylinder,, 65,000 miles, g 4� t .��.. 18' REGAL,i 1995 Bow - rider; 8:30 -12. Anona_Senior's ga- rage sale. Something for eve- PADDOCK RIDING BOOTS, Brown. Like New. Zipper front. AKC, Male, 11 Weeks, 3 lbs. Leather Seats. Sunroof. Great Valanti, 182SE. Mercury In- ryone. 13233 Indian Rocks Size 5. $20. (727)459 - 4220. Adorable. $500, Includes Sup - condition. Good on ` Gas. board ' w/1997 ° Continental Road.' Fellowship Halt en. REFRIGERATOR, 17 CU. FT. plies. (727)479 -8879. $7995 O.B.O. (727)692 -4977, Trailer. $1,200 (727 953 - 8898.' ) trance on Wilcox Rd., - Magic Chet Excellent cond!- February 8; 2008 Citizen/Today, Page'29 « ' Te Place an Ad rampa Bay NEWSPAPERS BEACON • LEADER + BEE CITIZEN enranr�r.TB�lelVeekt «�ca�m 4 d ��.. � . • � .,..� ... Fax: 399 -2042 F7 -71 �b 0rrr% r ♦LI:.. Making Dreams Come True! NEED. IMMEDIATE HELP BIMINI TOP, 8'6 BEAM, BUNK BEDS: TOP BUNK NEW MOTORIZED Wheel- . ,.- ATtMAAiNE . Work from home F/T or P/T. with bills? Debt Consolidation, stainless steel frame, black Twin Size, Bottom Bunk- Full chairs & full line of Medical Health insurance available ' be personal, business loans from sumbrella,: ' $200, Nautical, : Size. Dark Pine.- $150. Equipment. No cost rf eligible. immediately! Seven year $3K- $300K. Bad credit OK. No child's bunk bed; white w/ lass Y• y g (727)593 -1699. Medicare, .Medicaid &Private Id publicly traded - « o p c y ded company. fens. Gall (888)212 7945.. bead trim, $200 (727)560- Insurance. An Accredited Fa www.bardmoortravel.com chit : Call 877 667 -7088 or COUCH 4 TABLES Recliner Y ( ) PEP= ENTERTAINMENT ENTER (727)430-1640 ). C Entertainment Center, Love (954)3351564 or .visit our t Il :, , 53 x45 x17 , wood/ lass, 25 website www.hel in hands - A CASH COW!!!! ° ••' - glass, , Seat: $75 Each. Dinette Set, P 9 27 ". BEAUTIFUL 1967 WEEK- Zenith TV. Perfect condition: medicale ui ment.com. Hab- 30 vending machines. You ap- ABOUTTO. LOSE $600. (727)470 976f. q P We specialize to ender 268. Excellent condition. , = One price, $200 O.B.O. lamos Espanol. rave each location. Entire ' Full cabin, shower. New tnaxle P YOUR HOME. 727 595 -9270. DINING _ ROOM, STANLEY business- 7 I ( ) cars for less than $10,9 0 HURRY.. -you can do somethin about � .;, ,_. aluminum float:. on - trailer. 9 Pecan finish.- 84 double n'ti - - 800 836 - 3464.. #602428. • i ENTIRE CONDO: ALL, - Fur - � $15'000 O.B.O. ( ) it. Free Consultation. Rosalyn , • Y pedestal table plus two 18 �• r a , $b,oao with less o Carlton; RElMAX Action First, rnshings like new. Beach style, Cap- (727)644-0400. �� (727)460-0943. N �o livin r i ' - leaves, 4 side chairs; 2 JC'S BUILDINGS Garages, ' ' g oom, d nmg room, bed yam s chairs 6 -ft. lighted hutch � t�tati 100,000 Ri6les. $10 Start -up Fee. Set Your room, kitchen. Whirlpool appli- w! la s front. $1,50-. barns, carports, starting $595. DONATIONS NEEDED ;•m_ ; Own Hours. (727)215-6339 $$ACCESS LAWSUIT CASH ances; W /D; refrigerator, oven, g $ $ ' Galvanized steel, 2 styles, 13 Preview our inventory at of BOATS & RVS ( ) Now! As seen on TV. Injury g (727)595-6373. Y ry Hab(o espanol (727)543; 7340 1 Y microwave,'. dishwasher: Cell- ' • :colors: Free installation /quote TAX DEDUCTIBLE 501(G3) Lawsuit Dragging? Need ing ' fixtures; fans, etc. All DINING TABLE, 36 "X60 ", 8 ' on any size. FL. certified war- outhorizedoutasoies.com HELPS SPECIAL NEEDS CLEANING FRANCHISE For $500- $500K+ within 48 /hrs? 3 500 O.B.Q. Will separate. rant avail. Open Saturdays. Sale. Commercial Buildings, L ( P Chairs. Rattan & Glass. Like Y P y or visit our display area Children & Adults • - 9 ow rates. Apply now by ` (727)393 -3333: New. From Leaders. :$550 (386)736 -0398 (866)736 -7308 - - Night ,Work. $53,000/Year. phone! (800)568 -8321 or visit O.B.O. (727)392 -0699: icscarportsandgarages.com at 8220 Ulmerton Road, FREE PICKUP $13,000 OBO. Call Lu, www.FastCaseCash.com. ESTATE ".SALE INCLUDING FL Dept. of Ag. Rg #CH16520 (727)466 -9446, Days. two Bose 501 speakers, excel - ' ENTERTAINMENT CENTER, Largo - Call Dennis 727 638 -4685 CASH LOANS AND GRANTS! lent condition 300 O.B.O. LUMBER l LIQUIDATORS ) MEDICAL ID SALES $1,000 to $300,000 available. $ Beautiful; Solid Wood (Oak); Hardwood Flooring From $.99/ Authorized ILLNESS FORCES SALE. (727)392 -3430. 61 "x41 ", Fits 32" TV, Doors SF. Exotics, Oak, Bamboo, Potential 6 Figure Income. Personal or Business use. Great family. fun. 1994- 25' Full/ art -time from home. Visit : Poor Credit and Low Income . FIBERGLASS 3 RISE STEPS w /btass Handles, $150. Preflnlshed & Unfinished. Bel - P, •. 4 0!S Monterey cruiser, 250hp medicatdynamiesine.com accepted. Same Da Process- w/2 Aluminum Railings, $125; (727)595 -4067. lawood w/50 Year Prefinish, w /stainless steel prop, remote Y Plus a Lot More! We Deliver 8220 Ulmerton Rd., P P., (727)452-8147. mg. Call 24 hours. Fiberglass 3: Rise Steps w/1 LIVING ROOM SECTIONAL light,: stove, refrigerator, Aluminum anywhere; 5 _Florida Locations. - (800)539 1516. umi um :Railing; ` $1pQ Yw Suite 9 Largo stand-up shower & head PET GROOMING, ST. PETE. sofa wlsleeper,' neutral color, . 9 P , Entrance Wood Platform 800- flooring, (800- 356 - 6746). sleeps four, kept high & dry.. , Established clientele, low EZ MORTGAGE LOANS Deck; Approx. 5'x4'x2', $50. $375,(727)587-6609. 727 -531 -4 Excellent condition w /low overhead, high potential, FHA; VA & First Time Home- SAWMILLS ": FROM ONLY 727 595-.1902. ( ) MEMORY FOAM ALL VISCID Est. 1984 n� Acre red hours, 'Priced below market. $18,000 Gall after 2pm, buyers OK! All situations con- $2,990. Convert your logs to -� P New Thera -Pe V) Mattresses (727)595- 7078. (727)399-1172.. . sideeed. "Purchase & Refi- FREE, DIRECTV 4 ROOM valuable lumber with your Nor- ' I k System! Checks Accepted! (As -seen on TV)., High Den- wood portable band sawmill Hance. Law Fixed Rates. Resl y p p a d sa m IL 2000 18' KEY LARGO, 120h ALL CASH CANDY ROUTE.. P 250+ Channels! Starts 2 I $34 25 yr. Warranty. King $4 9. l Have Fun. and .Get Paid!' 0 denfial & Commercial. $ 9 99. : Log. skidders also available. ♦ r r ' ti. Johnson, custom canvas T -top 3 $349, Queen $399, King here! s. „ . , , (813)8542300 x401: Get Im Free HBO /ShowfimelCinemax Free ' information; ..call • :...•.; - -.. -. >:, -,., , with :trailer & all electronics. - -., Machines; Free Gandy, All for.. I I Fast free delivery anywhere! mediate approvals G & Starz 3 months. Free, , - 800 -578 -1363 ext. `300 N. Read to fish! 5 700 O.B.O. $9,995. (888)629 -9968; PP TheraPedic, Dormia, Aire & FORD 2005 ESCAPE JEEP. Y $ , www.WestshoreMortgage.com We're local installers! www.norwoodindustries.com. Sunroof Automatic 4 Wheel (727)251- 2290.' not be under Gall us: We will Electric ,Adjustables. Best i (800 )973 -9044, (800)216 -7149 Drive, Aluminum Wheels. Very not be undersold. NEED A LOAN? No Credit? Price! Call anytime. 7924 W. STEEL BUILDINGS, 5 only. Y 2000' VECTOR Hydrosports Bad. Credit? Bankruptcy? GREAT DEAL ON A Washer Hillsborough - (across- from Must move now! 25'x30', Clean Car! (727)742-3643. 20' CC w/T -Top,' Electronics, AMERICA'S FAVORITE Co F- , ,.. . • Repo? Foreclosure? Personal, & Dryer, electric; white, good Wing House) (813)889- 9020, 30'x40% 40 x50 , 45 x80 , 175HP Johnson _ w/Trailer. fee Distributor. Guaranteed ♦ g „ • • • Auto Consolidation Business condition. Reduced: to 125. Polk 863299 -4811 Pinellas. :. ' • °, _:;, : Excellent i accounts. Multi- Billion In $ ( ) 80x150 :Will sell for balance „ .,,,.. Condition! $17,000. $ d al . Loans : Available. "Helpin (727)391- 8062." (727)525 -6500, 7101 U.S, owed. Free . delivery! (727 }251 - 4763. try. Unlimited profit potential.. g TOYOTA 2000 SIENNA People w /Credit Problems Hwy. 19 N. Hernando. (800)462-7930 x98. • - Free info. 2417. (800)729 -4212 SPA 4 SEATS + LOUNGER _ Mini van r. $ 800. miles. Ma- , Since 1991. (800 )654 - 1816. (352 )688 3454, .3021 Coin 2 3HP pumps +2HP air in ec- roan color. $7,800.' Very good FIRE YOUR BOSS & BE Your. Financial Specialty "Services. P P 1 mercial Spring Hill: Toll -free. � -•• .. Y g tor. 88 "x88 "x34 $795. P g condition. (727)595 -5575. Own Bass. Say good-bye to o (800)287 5337 or visit website ,.,. _ „„ BOAT- MOTOR: NISSAN ' PAYMENTS GONE UP. (727)581 7507.. ; -_� our commute and Ion hours. www.mattressdr.com. _ -_ ,. ..:... Y g -.:,. 15 4 Stroke Outboard: et v r Y • In Foreclosure. Mortgage e U •,.... � -�� g,�-. T�������u L r r 9 9 P -. Make CEO income from any- timp ... . ..:. Y v, _ ;..: - .,, 15 Hrs, Like New. Call Pete, where. No ex erience neces- side Down. Problems Refi ; ,,, NICE SOFA.& ed w /coAT, P nancin ? . Governmenk Assis- : 1 - f � (727)319 -6979: sar . 20K -80K g "- $ 95, ancy daybed w /cover, Y $ (monthly). tance Available. Free Consul- ** $95; ualit PC desk $195 50 DlTech Motor Scooter; The Trainor available, Don't Be- E quality 9 tation. 24 Hr. Rec'd. Message. Italian motor scooter is in great �. f lieve, Don't Call! 9. (727)5241367.. or visit website WASHER/ DRYER $900(SET. , g a r ® shape; a few scratches, with 650 954 -8031 or visit website (866)495-3863 (. . ( ) All Appliances $50 U :Same � .PRESTIGE BOAT DETAIL www.USAForeclosureBailOut.com: PP P SOFA SLEEPER ;AND only 1,725 total miles, purrs' www.wealthwithinte rat .biz. a Quality Work! Best Price! 9 Y Da Service/ Delivery. 100/ SAVE $28000 OFF MSRP likea kitten. The color isVen- tY ce SAVEYOUR HOME y y Oak Pia Off White; $250; GOOGLE CLICKERS NEEDED . Warranty. 13)5 :5.; Missouri Oak Piano w /Bench Antique 21' Phoenix Cruiser 2005, ice white - it's silver/white -Mobile -Full Service +Mainte- • -`": FROM FORECLOSURE, q nance Plans -Free Estimates $$$ Weekly. New limited time Ave. (727 }446 -9235. Tuned, $250. (727)596 -7976. 6,000 miles, 12mpg, extended ' metal' flake:. Scooter comes r Our work is FREE to home warrant Perfect , condition. - - (727)403 -2053 opportunity. For free. mforma , Y with everything helmet, own owners, No obligation. FRIGIDAIRE Refn erat r M I tlon pall (800)706 -1824 x4196.. g a , UST . SEEI. $49,000. " ers manual,. gaggles, bright. a r Pe sonal service on with ...,,., White 4 Years Old Excellent -- _ , -. .. _- A (630)205-0473 (727)781-4345. .. <, . _.......,,, riders vest and a Batter Ten „ Y Ten- honesty and ant n Condition! „ _ . �,.. e We I _ 9 t Y n i _ . Co d lion. 68 1/4 Hx29 1/4 W ® r e _ . ,, der, to keep the battery HAMMOND ORGAN,.. T243, _ y ,: , <.:,.. BOA ;: SLIPS, work hard to protect our _ _. T S PS, CLEARWATER , ,...... P Y 250. 727 586 2476. T , $ L charged ' The n i I , _ ( ) � . _ e ne s ' dual keyboard, 13 note pedal �� , ,. -. 9 g , -- Y p , -„ .. Beach private dock one slip credit for your future buying , , , ... -.. ., . P P 49.38cc, DlTech fuel.mected; E PAY CASK NOW . ; ,.. ,.-. ;, ;: board, good condition, Leslie ` .. 1 ,. over. We offer fast; effective 32 ROYAL wet, 40 ,one w /lif4 w /roof; 23'. P OY L INTERNATIONAL ♦ r electronic I nation and ets un far owner financed mortgage I r f` - - 9 9 , � s Bakers, $350 727 392 3430 negotiations with o r _, P ( ) 727 446 -2811. , u .,, Trailer. Permanent Alu i ( ) Y m Hum believable as milea a -90m .�, _notes, business notes; court , g 9 Pg _.. Call Bngette or 24 PIECES OF WOOD FOR Awning. 4x7 Shed„ Storage and tops out at around' 45+ settlements, annuities & lottery " " YAMAHA CLAVINOVA Plan p TREASURE ISLAND, Private . Deborah, (727)698-9622. _ o Box: Bickle Park 5640 I- , fireplace; 16 18 long. y Semi- mph: Great for daily commutes pock: Minutes To Gulf. 1 -30 , payments. Call Krlstie at: www.fastfreesolutions.cam. 727 393 -0187. Model CVP20, 88 :keys, Hale Blvd, Lot 109.:$6 000. (727 )507 -9050 ( ) x • • � and around :town chores. $185 /Mo. Also .Lift 10'-30', a excellent condition, - matching (727)393 -7495. Won't last long. Private owner, ? . " stand and pedals, - 375. 9 $275/Ma. Larger Boats $. P $ $2,200 O.B.O. 727,)501-4256. 7. - , ( 27 542 7994. ,:. 1 �.kt1 � ,, , , ;; . , . � (727)392 3430. � ( ) . � .., ..,,;� , ..�, ..<.:;, 4 ,,,o.,.k, ,, 99 SALEM, MADE 8Y GIGANTIC ARCADE & PIN AB ROLLER: _BRAND NEW, Forest River. 29' with 12' slide - HONDA 1995 MAGNA 750, WET SLIPS. FOR RENT $CASH$ IMMEDIATE CASH Still In Box. $35. I very clean low miles garage for Structured Settlements, ball Auction: Assets of Bir- ♦ : 9 r ® j y and many extras. Asking Y 9 9e Up To 50' Available. mm ham Vending. 300+ (727)578 -1017, , ; _ kept, nice ride, - $3,500: Annuities Lawsuits ` Inheri- g g - $6,500. O.B.O. Call 9AM -9PM. P ABC Marina, Madeira Beach. tances Mortgage Notes and coin- operated arcade video ESTATE SALES (727)482 -1660. (727)742-5141. (727)393 -2090. ADULT 3 WHEEL BIKE games, "pinball machines, , .Conducted &,Estates Cleaned Cash Flow. JG Wentworth' #1 ,- . new tires. 85. C n i r ,,,. � .... Jukeboxes, etc. Sat, :Feb. 9th $ a delve . Out;, PR's; Guardians, Trust 1- 800 -794 - 7310:. • r , t : Officers @ 10AM 4102 L.B. McLeod (727)518-7376. � &- Individuals. Selling �: ..: -, �;.. �,..�u,..,- .,,��)s �,,�:.:a•�,,:�,. ... CONSOLIDATE BILLS Rd., Suite B; Orlando, FL. BEACH SCENE PICTURE Your China, Crystal, Silver, 4'X6' MESH Wl3' FULL 4 WHEELS & TIRES FOR L &M DOCKSIDE. $2,000 - $200,000 <7% Average (714)535 -7000 or visit website oil 3 arts' main part, 30'x30" Glassware, Jewelry Or Any- Enclosed box. Tailgate. 3/4 "_ " Chrysler / Jeep. Goodyear Complete Boat Repairs, Rate. Good /Bad Credit. Solu www.superauctions,com. 2 side parts, 1"x30 ", $35; thing, Of Value! 30 Years In Marine plywood floor. Excel- tires, mounted. and balanced., MERCRUISER/ CRUSADER, ions for. all our financial Seminole. 727 433 -0494. P215/65R17 750, • t y (727)251- 0511. ' • . ( ) lent condition. „ $700.. $ Eta Engine/ Electrical Repair. _ needs. Speak to a live opera- (727)391- 9920: (727 }319 -3049. Mercury Outdrive' Service. 4 for. CHERRY ENTERTAINMENT (866}618 2455 or visit , . 727 501 -1727. �* „ „ • ' r z ( ) Unit 85 Hx3 Wx2 D , . ♦ t r r www.PaylessSolutions.com. ��f�t��i 6 0 Excel,, ,,�, Y �J , . - 2001 6X16 2 AXLE W( CREDIT REPAIR! LEGALLY - lent Condition. $75:; Cash & HOME GYM. ZUMA WEIGHT electric brakes. Fold. down T 1111�►F�IN Carry. (727)812 -9683. Fitness. Center, Bodyguard ate! "ram ' $1,295. 060. THINKING ABOUT Full Service Marine ` remove negative information g P y Treadmill, New. Crasstram u. _ SELLING OR TRADING . from credit, reports! Charge DINING TABLE & 4 CHAIRS, (727)581 8586. j ill P M _ V Repair & Boat Storage.: Like New.: $3,000. W ay ore Than Trade in - offs collections bankr t i " '`•' Walnut 2 Extra Leaves. Good (727)546-2628 , up c es, . + I $ `: , : � E , =c on Goad, Glean; ( ) (727)638-4154. re os medical bills eta Raise Cond. $100.(727)392-1247. • Scores. 100 %` Satisfaction. + e Low-Mileage Vehicles. . JEWELRY EQUIPMENT FOR ELECTRIC COOK May- : s e e m e r '';-; Harold Corey, Auto Broker ,'- ' 'Member BBB - � Y ; ' �.�..."" 888 687 1300 ) ( A i v , Sale. F ce m to 4 burner : cr m fi i �. _. (727)595-9393, _ a t g Machine, $600. g, ea n sh, a,,- ' 954 689 7990 (888)687-1400 ( ), _ � G�A6�ES�RiES�LES (727)546 0614. $75; (727)560 -9057. MENS GOLF CLUBS. 2 Sets, AA RATED DONATION. Do- " or visit www.usicr.com.- complete w/bags. $100 each: (. ) ! ENTERTAINMENT CENTER, Extra clubs also available. 1995. 65K Original Miles, ° nate your car,. boat or real es- 3 WHEEL WALKER, Merits, black, 59 "x50 ", fits 32 "' TV, (727)492 -3482. W340R g ed Side Rails, tate. IRS tax deductible. Free Table, dark walnut w/1 chair, doors;, storage, $50.1 (727)392-2070. •. } d.. „ ,, I • pick-up/ tow. Any model or condition. Help underprivi- b ® $ TREADMILL„ GOOD COND., HP 3970 SCANNER, $20; HP DeskJet 694C printer, $20; } ri f ... °,_, ....; �_•• N., CHIHUAHUA: 1.5 YRS OLD, 'Sable/ ACURA 2006 TL, , WHITE/ Black Leather.' Upgraded le ed children. 800 69 -7 11 3 9 g (' ) or www.outreachcenter.org. WANTED: ANTIQUES, (727)398 -3944. 51bs, Female, White. Sport Package, Navigation, DONATE YOUR CAR TO Watches, Musical Instruments, ' AKC, ` . Spayed, All Shots. Loaded;` ? 13,500K ' Mint! American Assoc. for Cancer Old Cameras, Fountain Pens, HUNTING OUTFIT: GORTEX AWESOME! $600 /Firm. . $28,500.(727)224 -8690 Research - Saving Lives Picture Frames; Paintings, thinsulate, red, , waterproof. (727)394 -9687. Through Research. Fast, tree Corkscrews, Lighters, Glzmos, Wool jacket, pants, hat, glove. .42 Lg. $100.1(721)395-00166. CADILLAC, 2005 STS, ONLY towing. Non- Runners. accept- Gadgets. (727)953 - 8610. FERRETT, FEMALE, 4 Years •old, fun. To a loving home with another ferrett, $50. 12K Miles, Driven By My, Mom. $26,900 OBO. Call Michael, able. Please call before the tax Year ends. (800)728 -0801. ♦ °' )' �° " JVC 26" COLORED TV, . 2002. Excellent Condition! $ao/o.B.Q. (727)812-7104. 732 604-8266. ( ) (727)596 -1374: a• I ° r • "' ANONA UMC SAT Feb. 9th TEA CUP POMERANIAN TOYOTA 1999 CAMRY LE 4 cylinder,, 65,000 miles, g 4� t .��.. 18' REGAL,i 1995 Bow - rider; 8:30 -12. Anona_Senior's ga- rage sale. Something for eve- PADDOCK RIDING BOOTS, Brown. Like New. Zipper front. AKC, Male, 11 Weeks, 3 lbs. Leather Seats. Sunroof. Great Valanti, 182SE. Mercury In- ryone. 13233 Indian Rocks Size 5. $20. (727)459 - 4220. Adorable. $500, Includes Sup - condition. Good on ` Gas. board ' w/1997 ° Continental Road.' Fellowship Halt en. REFRIGERATOR, 17 CU. FT. plies. (727)479 -8879. $7995 O.B.O. (727)692 -4977, Trailer. $1,200 (727 953 - 8898.' ) trance on Wilcox Rd., - Magic Chet Excellent cond!- JEEP GRAND CHEROKEE tion, runs great. $100. MU, 1995. 65K Original Miles, ° " x42' 3 WHEEL WALKER, Merits, 6c Y Garage Kept. Private 42 ROUND, DINETTE W340R g ed Side Rails, Owner. $5,400 O.B.O. (239)994 -7121. Table, dark walnut w/1 chair, Half. Both New. $150 Each. , $25.(727)345-5083. (727)586 -1289. - MERCURY 2002 GRAND TREADMILL„ GOOD COND., Exquisite carved wood. Two S Marquis, silver, 42K, new tires, $7,900. Call (727)398 - 3932. ELECTRIC SCOOTER, Must Sell! $65. Call Rascal, fold and go. Used 2 (727)392 -7740. ' y years, new battery, $600. UPRIGHT FREEZER, KEN- ( (608)359 -9383, more, good condition, works G GO ' GO HANDICAPPED (727)204 -2652 s scooter. Light weight. Like new w /charger & owner's manual. " ®i dt f f $ $395.OBO. (727)504 -2272. BAR AICOMARBLE TOP N NEW ,FEATHERWEIGHT & Exquisite carved wood. Two S Scooter -Type Motorized highback Hooker rattan leather W t ..,' ' y the Public Works Department r 777'7 7' 7!77 7 receiving accreditation, the ti Departments 2008 gala strategic. Plan was recognized by f the Com "rehensive.OAt 'ddd 6 reatmenfi i a Accreditation SiteVisitTeam s a Model Practice. Mode ` 1 �X ires.� 31 08: p z ` are those exceeding the ench- g: b, Thsofferrsand..fororthodontare ,. :. ..:, y h 4 i Does not apply to Gonem! Uontistry or CosmetiE Sernues mark previously established: and — — — --- '-' -W- --- sets a new level of best manage- 15950 Bay Vista Dr., Suite 390, Clearwater ment practice for peers to www.mysolufonz.com 727-535 -6400 attempt to meet. �!r , r } ! �x{n. t , ,�*�— �'�^- h^r-ru+�!^'fT' ...N3��,`i't'� r '� ,� x , �a 1- •^"�^�•�,Yi'n�+�'C""i� x" r,' �G�'„ i{' AL" � `Yrx>�'s4�^',K"+^"x'+4F+'+~* -.+ fa:' -. "�:�,,'�' i ?, d"o lk R' R Tee 1h Br Mause-o` 'a Ve goz'elteom-, e Jul., „ !9 i�, �t � !s j 7i 3 {4 t .. . r t, '�P ��i•'� 4 zy �'rZ $� 3rf j:� L.. - r' • • # + • • ... P`�•f�'1 ... > .. .fi. k, { ?�f , rs' ,i �,+. Af t '. {X 6 �� "'gg. "s°° I\ • - . . • I • • • • �+ •. 1nR°b}'A' , ^• �j '.in Xt ew`P vg + M e.. Ili 1 1 .l - • • � •• •1 yy , I' + I + l l I I M 111 ' • - . •. •• • • • r, r r r r r r � r rr � _• • �, rli • ' r r r r r � r rr �• -r _ r r r r•r•r r;�t r,rr r r. .. ,.• , -• r• r rrr r r r• rr r' rr• r - �- r, rr 777'7 7' 7!77 7 receiving accreditation, the ti Departments 2008 gala strategic. Plan was recognized by f the Com "rehensive.OAt 'ddd 6 reatmenfi i a Accreditation SiteVisitTeam s a Model Practice. Mode ` 1 �X ires.� 31 08: p z ` are those exceeding the ench- g: b, Thsofferrsand..fororthodontare ,. :. ..:, y h 4 i Does not apply to Gonem! Uontistry or CosmetiE Sernues mark previously established: and — — — --- '-' -W- --- sets a new level of best manage- 15950 Bay Vista Dr., Suite 390, Clearwater ment practice for peers to www.mysolufonz.com 727-535 -6400 attempt to meet. A 77 yu {g k S �➢d x fS 3 f. -NkILE MAR Ib FM Al 1� ! r v x a �i w �n ri �q aa t _/f i` gg f - -r >3 a y Herpetologist and Artist. Local artist Silas Beach holds his 5- foot -long cyclura iguana in front . of the original ]Fre c y's on Clearwater Beach. In background is his "fish" e marker signage which was commissioned by the city. LOS. -05 Coll Beach, Photo/Text by Donna Malloy Beside Mother Nature, not many artists can claim pub- lic exposure to their work on a daily basis. But local artist Silas Clifton Gatewood, alias Silas Beach, can. Fob• twenty - seven miles, from Clearwater Beach to St. Petersburg Beach, motorists Cruising down Gulf Boulevard breeze by Silas' art every day. His colorful "fish" mile markers are a true testament to his enduring artistic talent, A Florida Cracker, baby boomer Silas was born in St. Petersburg in 1952. As a child, Silas was enamored with nature. His knowledge and "fascination of creatures influ- enced his `parents to invest in a pet shop when Silas was in high school, stated Silas.l Although Silas briefly, studied Zoology in college, his free spirit could not be contained for long inside the four classroom walls. Naturally, his first job was at the former Aquatarium in St. Petersburg'' beach, three blocks. away, from the London Wax Museum. "I'd do anything to work at an animal tourist attraction" stated Silas.True to his word, Silas began working with the maintenance crew, at the Aquatarium. Then one day he noticed the artist employed by the underwater aquarium and thought: "I. could do better, than that!" Working in acrylics, Silas picked up his paint brush and has never put it down. Silas' favorite subject to paint! is Colorful palm trees, evidenced on his website: .silasbeach.com. It didn't take long far the owner of the Aquatarium to promote Silas to the care of the dolphins and sharks. But never one to stay in one place too long, Silas was then hired by, the famous Sunken Gardens tourist attraction in St. Petersburg•Again; he was willing to commence work as a maintenance man with the understanding he would graduate. to animal training in the future. Recognizing his natural talents, in no time Silas was "training all the exotic birds" at Sunken Gardens. "I practi- cally ran' the place" stated Silas. But after five years at Sunken Gardens, it was time for Silas to set sail for Costa Rica in his Morgan Outland 41. Sailing kept Silas enter - tained for about a year, but as they say, all goad things must come to an end. Silas returned to Florida in the mid- 1970's to Pinellas County A Chance meeting with Jahn Baird, the "epicenter of Ann Arbor, Michigan relocaters" brought Silas face to face with co- owners Mike Preston and the former Peter Lawson of Frenchy's restaurant on Clearwater Beach. See 83 world of Once again, the real proba- modern resorts. Biltmore existing bility is that the board restor-ation Architect • business and succeed given unveiled plans for its likely development scenario. We have; all I seen audience at the historic business small landmark hotelTues • ay enues ebb, cutbacks are made • • •r r a • code meeting. The appellants also take issue with what they assert will be a parking problem in the: neigh- borhood as a result , of the renovation plans: Durin g the ! presenta- tion of the Cabana Club portion of the Biltmore oroiect. the architect a a.r oases. data. tax axav uxasa.e akutuat Morton Plant Mease Triathlon to be held on Sunday, July 13 at Sand Key Park and in the cities of Clearwater and Belleair. The. following .locations, 'bridges and streets will be impacted from approximately 7 a.m.. to' 10 a.m. during the triathlon: On Sand Key Sand .Key Park, Sand Key Bridge, S. Gilfview Blvd:, Hamden Dr., Coronado Dr., Memorial Cause- way Bridge, Gulf Blvd. City of Clearwater - Palm Ave., Turner . Street, Bay Ave., ' Druid Rd. W., Druid Rd. S., . Belleview` Blvd., Indian Rocks . Rd. ' City' of Belleair - West Bay Dr., Belleair Causeway Bridge , Police, officers from the cities of Clearwater' and Belleair will assist with direct- ing traffic.' Additionally, the United States Coast Guard has authorized the temporary clo- sure of the Belleair Causeway Bridge ,during a portion of the triathlon between approxi- mately, 7:15 a.m. and 9:30 a.m. The bridge will remain in the lowered 'position except in instances to allow for the pas - sage of boating vessels in dis- tress, public vessels of the United States and tugboats �!r , r } ! �x{n. t , ,�*�— �'�^- h^r-ru+�!^'fT' ...N3��,`i't'� r '� ,� x , �a 1- •^"�^�•�,Yi'n�+�'C""i� x" r,' �G�'„ i{' AL" � `Yrx>�'s4�^',K"+^"x'+4F+'+~* -.+ fa:' -. "�:�,,'�' i ?, d"o lk R' R Tee 1h Br Mause-o` 'a Ve goz'elteom-, e Jul., „ !9 i�, �t � !s j 7i 3 {4 t .. A 77 yu {g k S �➢d x fS 3 f. -NkILE MAR Ib FM Al 1� ! r v x a �i w �n ri �q aa t _/f i` gg f - -r >3 a y Herpetologist and Artist. Local artist Silas Beach holds his 5- foot -long cyclura iguana in front . of the original ]Fre c y's on Clearwater Beach. In background is his "fish" e marker signage which was commissioned by the city. LOS. -05 Coll Beach, Photo/Text by Donna Malloy Beside Mother Nature, not many artists can claim pub- lic exposure to their work on a daily basis. But local artist Silas Clifton Gatewood, alias Silas Beach, can. Fob• twenty - seven miles, from Clearwater Beach to St. Petersburg Beach, motorists Cruising down Gulf Boulevard breeze by Silas' art every day. His colorful "fish" mile markers are a true testament to his enduring artistic talent, A Florida Cracker, baby boomer Silas was born in St. Petersburg in 1952. As a child, Silas was enamored with nature. His knowledge and "fascination of creatures influ- enced his `parents to invest in a pet shop when Silas was in high school, stated Silas.l Although Silas briefly, studied Zoology in college, his free spirit could not be contained for long inside the four classroom walls. Naturally, his first job was at the former Aquatarium in St. Petersburg'' beach, three blocks. away, from the London Wax Museum. "I'd do anything to work at an animal tourist attraction" stated Silas.True to his word, Silas began working with the maintenance crew, at the Aquatarium. Then one day he noticed the artist employed by the underwater aquarium and thought: "I. could do better, than that!" Working in acrylics, Silas picked up his paint brush and has never put it down. Silas' favorite subject to paint! is Colorful palm trees, evidenced on his website: .silasbeach.com. It didn't take long far the owner of the Aquatarium to promote Silas to the care of the dolphins and sharks. But never one to stay in one place too long, Silas was then hired by, the famous Sunken Gardens tourist attraction in St. Petersburg•Again; he was willing to commence work as a maintenance man with the understanding he would graduate. to animal training in the future. Recognizing his natural talents, in no time Silas was "training all the exotic birds" at Sunken Gardens. "I practi- cally ran' the place" stated Silas. But after five years at Sunken Gardens, it was time for Silas to set sail for Costa Rica in his Morgan Outland 41. Sailing kept Silas enter - tained for about a year, but as they say, all goad things must come to an end. Silas returned to Florida in the mid- 1970's to Pinellas County A Chance meeting with Jahn Baird, the "epicenter of Ann Arbor, Michigan relocaters" brought Silas face to face with co- owners Mike Preston and the former Peter Lawson of Frenchy's restaurant on Clearwater Beach. See 83 world of Once again, the real proba- modern resorts. Biltmore existing bility is that the board restor-ation Architect • business and succeed given unveiled plans for its likely development scenario. We have; all I seen audience at the historic business small landmark hotelTues • ay enues ebb, cutbacks are made • • •r r a • code meeting. The appellants also take issue with what they assert will be a parking problem in the: neigh- borhood as a result , of the renovation plans: Durin g the ! presenta- tion of the Cabana Club portion of the Biltmore oroiect. the architect a a.r oases. data. tax axav uxasa.e akutuat Morton Plant Mease Triathlon to be held on Sunday, July 13 at Sand Key Park and in the cities of Clearwater and Belleair. The. following .locations, 'bridges and streets will be impacted from approximately 7 a.m.. to' 10 a.m. during the triathlon: On Sand Key Sand .Key Park, Sand Key Bridge, S. Gilfview Blvd:, Hamden Dr., Coronado Dr., Memorial Cause- way Bridge, Gulf Blvd. City of Clearwater - Palm Ave., Turner . Street, Bay Ave., ' Druid Rd. W., Druid Rd. S., . Belleview` Blvd., Indian Rocks . Rd. ' City' of Belleair - West Bay Dr., Belleair Causeway Bridge , Police, officers from the cities of Clearwater' and Belleair will assist with direct- ing traffic.' Additionally, the United States Coast Guard has authorized the temporary clo- sure of the Belleair Causeway Bridge ,during a portion of the triathlon between approxi- mately, 7:15 a.m. and 9:30 a.m. The bridge will remain in the lowered 'position except in instances to allow for the pas - sage of boating vessels in dis- tress, public vessels of the United States and tugboats f" r f" 9 tho rids of folks the fireworks display pre- officers' playing partisan sented r politic t i_ d / l , i in a 4. i ,,. _ I Take a moment , CLEARWATER Pinellas • f - • officers try to • f: out of a hectic; day to t forniti'tig So . .. .steel i. `. pears. z available i -6723, savor a delicious lunch. 858 -4245 cell or $77 735 723 EZ Pay system to continue too erate it with for the board p Seawall,' all utilities, aved street, Dock ermit. Asking p p g ft # u f. DGo Baker, Bob' Sargent, - agreement. It could be modified with strong- � _ _ - compete What are some - possible safeguards that p bFantastic -to Go urtnet terday and those'�bf Nicole Jones, Eric Customer Information System ea BeHeair B ch City HaR — The current demanding positions have been; on the mar-, She" riff Jim, co, oats staff says there are a`cou le of interested parties Y p p * homemade i will - ; ; • • r • • • • • • • - • • , and sandwiches to 4 . Reduced to 1 , ®Li Light and Bright, charming slit g g � g . p act t l ' ' •s ' should be invited to bid also. This is the most , Lizabeth Moody, Shaye Schuelie, Ken and.best wishes to the, following couples n Tarr An e it a viable option that would likely be the best win - p Y i�r Airhandler new in 2005. OK to lease small et ermined. g P p some students and M and credit card Payments Funds on hand for the development are executives are known as Y starting Fridayjuly 11, at 5 p.m. $3,370,000. Ritalin and Provigil, according to recent news tJYt�2.G',C'Cf6�2♦ to find something for Gazette 'July 10, 2008 Clearwater PqLA5 I -. 111.9 k- Ml11Lly t_t L41H1r, LIlL. VIUL114111 Wall CUM WaD :Staff Writers... a POW.} So . .. .steel i. `. pears. z available i -6723, - New 858 -4245 cell or $77 735 723 r Renee Bur ell ! � to continue too erate it with for the board p Seawall,' all utilities, aved street, Dock ermit. Asking p p g ft Nancy Randolph and Kathy Baker, Bob' Sargent, cm, Wagenfolir ! execs and the spiral downward continues. agreement. It could be modified with strong- � - 1 I T I, 2.1 CONDO. 5th floor, What are some - possible safeguards that p bFantastic er options to protect the city. Something like terday and those'�bf Nicole Jones, Eric Michael Cromwen and Paul Pizor `this: The city would conduct annual in- depth . tion. Asking 875,000. g She" riff Jim, co, oats staff says there are a`cou le of interested parties Y p p examinations of both the facility and finan- " i Pruitt and Joan Craft -earlier this week ... recently had birthdays ... � Congratulations CALLING ALL , -' / ; TR. F' h � y - However with due re spect, the club board could be included b the city than could be Y tY . Reduced to 1 , ®Li Light and Bright, charming slit g g � g . p act t l ' ' •s ' should be invited to bid also. This is the most , Lizabeth Moody, Shaye Schuelie, Ken and.best wishes to the, following couples n Tarr An e it a viable option that would likely be the best win - p Y =21 Airhandler new in 2005. OK to lease small et ermined. g P p Ball Lopez , win for all parties. city, club and their Donna ally, • limit the fin - wOUld lzm financial burden far the tax «. Hawi, Barbara Applegate and Steve celebrating wedding anniversaries: John avers when the likely "in- evitable closin p Y Y closing, & g; itive outcome for all is much more robable, Lucille Weiss p occurs: If, we are going out an alzmb lets t g g r3' , mol closet, Upstairs Game room includes Pool table et ( ) p 9 W Chandler turn a year older tomorrow ... and Kirsten Miller,, Stephen� and Bar &Fire lace. Downstairs has another Fireplace, &Wet Bar CONTA T US: - b ca Pool & Spa. Priced at only 609 Y caged g p Y$ 000, 9 i.. Friends and clative will be singing Theresa Marcu (July 10); 11 I • 727461 56 a . 9 y l, ,. , ... ic Co venientl 'located offering a Fireplace, Y � email - llic ol•c 0 Address "Happy Birthday" on Saturday, to JiH' Doreen Paine, Ken � and Becky "with Family Room Central A/ plus garage with Washer -Dr er Y p g � Y Hookups: ' The Beach Art Center will .be presenting a Clearwater Marina p g call 727-596-4331 or check out the w site web TAMARAC. BY THE GULF 55+ RETIRED COMMUNITY nd Fine Arts Festival at Oktoberfest on Saturday, Suite 32 2 Floor � Y, ( ) Berry, Carol, Nelson, Nan Smith, Humphryes (July 12); Frank and Camille October 18th. If you are interested in par- P. ®.'Box 3025. Y p mation and application. Limited space avail- pp p . 2 Baths.,.. Small pet OK, Monthly fees pays for lawn care, Clearwater Beach, FL 33767: tzczpating as a vendor at this event, please . able. Lorraine Clement, Bunny Smith, Sean Knight, Phillip and Dawn;Doganierol .. ,. of the Movies' TOWNHOUSE 'IN GATED LAKE FRONT COMMUNITY hursda Y Y Maguire, Laura Nelson,, Brad Permar (July 14); � James and Kathy , Rinehart, 1 . 2Br./2.5 Baths /Gain e built in 2004, .Great floor g 8.aa a.m.. — 3.00 . p Freda s.oa Noon « .. «.. ` :;, ,'� �:' ..... + € t - -. .� ;. `= , %.. ,. ..,.,, r l _,,. . _ ':. .; ., .;:,,. ,a ..vim,... f'S �� ,,�� _ ._ and Paul Burks ... Bring out the cake and Howard and Ann Roome (July 15); Ed I -. 111.9 k- Ml11Lly t_t L41H1r, LIlL. VIUL114111 Wall CUM WaD :Staff Writers... a POW.} 1JVLLV111 L1.11i.: 1.v LSat .11/1 cc 1"c "I a,.ua11Na1�y11 spending in those - .tossup.. states. . .. .steel i. .. c.f Pollack : pears. z available i -6723, - New 858 -4245 cell or $77 735 723 r Renee Bur ell ! � to continue too erate it with for the board p Seawall,' all utilities, aved street, Dock ermit. Asking p p g - ° "Sandi Fahy, wear "thin" .worsening the ,customer experi significant modifications to the development $249 000: 9 cm, Wagenfolir ! execs and the spiral downward continues. agreement. It could be modified with strong- � - 1 I T I, 2.1 CONDO. 5th floor, What are some - possible safeguards that p bFantastic er options to protect the city. Something like Waterviews totally upgraded to model -like condi- Contrib ting Writers.. might limit further taxpayer bailout? The . `this: The city would conduct annual in- depth . tion. Asking 875,000. g She" riff Jim, co, oats staff says there are a`cou le of interested parties Y p p examinations of both the facility and finan- " i Keath L,. Estes - : who would like to bid ono operating the facility � g e - czal re cords. A 30 day termination clause CALLING ALL , -' / ; TR. F' h � y - However with due re spect, the club board could be included b the city than could be Y tY . Reduced to 1 , ®Li Light and Bright, charming slit g g � g . p act t l ' ' •s ' should be invited to bid also. This is the most , d upon verification of substantial mad - enac.te ,p ubs ," . • plan 'condo with updated baths New roof in 2007 AC /H and p p g ' _ n Tarr An e it a viable option that would likely be the best win - p Y . _ • equaczes in either of those two areas.' This Airhandler new in 2005. OK to lease small et ermined. g P p Ball Lopez , win for all parties. city, club and their Donna ally, • limit the fin - wOUld lzm financial burden far the tax «. I KEY Y: • board and es eciall we taxpayers. A more os- Kara To M. Rodgers p Y h avers when the likely "in- evitable closin p Y Y closing, T If. 3 Br /2 Ba /2 car Gara e.. BR has 1 Q0 s . ft. ®' q g; itive outcome for all is much more robable, Lucille Weiss p occurs: If, we are going out an alzmb lets t g g r3' , mol closet, Upstairs Game room includes Pool table et ( ) p 9 W A far less attractive possibility, would e to minimize our zin uries when we fall. _ 1 Bar &Fire lace. Downstairs has another Fireplace, &Wet Bar CONTA T US: - b ca Pool & Spa. Priced at only 609 Y caged g p Y$ 000, 9 no 77 73 Rodis, k Izi,srde'tlae.t=lolzda .I 1 2 DR, CBS HOME IN CLEARWATER REDUCED TO. - • 727461 56 a . 9 y l, ,. , ... ic Co venientl 'located offering a Fireplace, Y � email - llic ol•c 0 Address -' "with Family Room Central A/ plus garage with Washer -Dr er Y p g � Y Hookups: ' The Beach Art Center will .be presenting a Clearwater Marina p g call 727-596-4331 or check out the w site web TAMARAC. BY THE GULF 55+ RETIRED COMMUNITY nd Fine Arts Festival at Oktoberfest on Saturday, Suite 32 2 Floor � Y, ( ) at www.beachartcenter.org. for more infar g � � _ T Price Was $21a QQQ 2BR 0 9 9 October 18th. If you are interested in par- P. ®.'Box 3025. Y p mation and application. Limited space avail- pp p . 2 Baths.,.. Small pet OK, Monthly fees pays for lawn care, Clearwater Beach, FL 33767: tzczpating as a vendor at this event, please . able. -sewer-trash and more. Walk to pool &'clubhouse. wa t r H t ottrs. Office : .. ,. of the Movies' TOWNHOUSE 'IN GATED LAKE FRONT COMMUNITY hursda Y Y ...... _ . , a , .._ _ . , . a� 1 . 2Br./2.5 Baths /Gain e built in 2004, .Great floor g 8.aa a.m.. — 3.00 . p Freda s.oa Noon « .. «.. ` :;, ,'� �:' ..... + € t - -. .� ;. `= , %.. ,. ..,.,, r l _,,. . _ ':. .; ., .;:,,. ,a ..vim,... f'S �� ,,�� _ ._ noon watching some of your in 1 in H A f Pinellas Tr it plan. Pool &.Dock use inc l. O fees. a class b Y a:m. r � ,. , l , .. the auditorium at the, Largo F .day BEST I LOCATION, 02007 Clearwater Gazette LL . All rights' ' _ . . Ext ra v iew s . reserved. Reproduction m whole or art is strictly o b ted. a , . .. .. _. „ ..... .. ,..,. a �. ., .. . Fireplace, Bay windows, Fo er s, Den , Crown moldings, over- .. ,._ _ , . ..... ......... ... _. > . .,., sized 2 car Garage. Wes t of Indian Rocks Road. ADVERTISING F I DEL IGHTFUL T I / DEADLINE r; 1. s uea kY clean F r Spacious, us a o p en a b ri ht 9 .. f `y. �.. r� �,g� � i c � -_, - ' °;,i has• a nt h dr home close to downtown, d ive to Honeymoon Island: 9 9 short s o MondayCLEARWATER . . BEACH COMMERCIAL'STRIP SALE, $2,100,000 - Land Only, Good Income ®:Call for Opinions expressed are not ara,. � R, � � a � ' . ° ,' ' "` „' ` "-" � „_��: r� �'`� �, � ' Details. necessarily those of the < CRISIS ff s THE RENTAL CONNECTION Cleanvater Gazette or its advertisers. : , y r� CLEARWATER BEACH Letters to the editor and news of your organization or club is wel- " { insurance 1” 1 BR unfurnished Apt. - $700 per mo. come, but we reserve the right to ' edit submissions. Clearwater s hurricane 1i •f .. .. : r. l f ficl - $600 per mo. Gazette reserves the right to ” Our new patented windscreen system will protect PLEASE CALL WE HAVE OTHER RENTALS refuse, advertising deemed unac- your entire home as well as turn your lanai or balconv 'into a All rentals for less than 6 months add 12% Taxes. IJ }her or editor: trot in adver- in will not be le beyond the advertisement Weil pay you TOP DOLLARfor unwanted Diamonds & jewelry ! huge, urricane Proof protected then call me to setup free on-site storm-room. evaluation and quote for your prep pears. z available i -6723, tali ifl r ett 858 -4245 cell or $77 735 723 Road). action v , starts at .m. with chorus p ! _ and and . quartet .:.demonstrations, local ? ! ; Star Sidon ' > 'fit= Crossroads Christian Church Weil pay you TOP DOLLARfor unwanted Diamonds & jewelry ! 1645 Seminole Blvd, < Larga b 1 t north of (just a little i a I g l Colo Q(f Ulznertan The Road). action v , starts at .m. with chorus p ! _ and and . quartet .:.demonstrations, 251 West Bay Drive * Largo, FL' 33770 Y g _ I sin -a -Ions and refreshments. - g g, (Corner` of West Bay and Seminole Blvd. Y ) Don't miss out on this free fun time. Call Clyde Hall at ( 727) Cr 7 7 7 i 2 - or` o 7 1 4 far 999 7 7 7 5 ( } 9 9 more information. ' relaxin g. massage 3 °uvenatin Safety Harbor. reJ g facials'' .. . 4) eels, waxin an rnore s« Garden Club to Meet SAFETY HARBOR The LMi M #37$92 MM #. i411Q ` Safe H Safety arbor Garden Club will .., Am: meet 9.3 0 e W Y u a.m. dnesda 1 J Y L, Pot 16 in the Commission Room s , .� . at the Safety Harbor. City Hall, °k3 t.. ��., � ; '. �, ' 521 dlfvtew ,]31yd A s. p�g V Main g., St. The .. S 7S Baker k Izi,srde'tlae.t=lolzda .I i will e 1- p b well-known known gardening y l, ,. , ... ic , expert, Stan DeFreitaS, Green Thumb; local author u or of r iitti�'rtt v n irflrr e v tt e c _ttsstt many books on gardening in Florida : For information,, call` 813-891-0555. k ��� a .� �• � a ,�� Silver Screen NEW C), Classics —A History, of the Movies' offee BET LARGO - En °la Y an after- Hot Iced noon watching some of your C1GCili2Gt and fe er J favorite film classic films ms in F CZ �d S/i't ODflal.ed etc. pp. the auditorium at the, Largo F .day p }. Ak Fc- /.rt -. ce- -t ft 1 :�, _.�N._.,a:r':I�.s, x«.....• 5ra= rs.. n;' .. >.,,zait�..v:>lr....a..=r::t� , - i July, 10, 2008 Clearwdter Gazette Poq� A3 d SA E-OWNED, ROLEX WATCHES , �� �,� r, ; is 1 .; � �,, � :�; �i . is _ _ • — 12istorante Italiano • • , . #, • r `. + fib, r.` i # :•`r , r � : i • _ , r'� i • rr • " TUl .. - N A Bar # , • .: ' .. 1 ► • • i - ' > i a �lYz - •r '� • 7.. ► _ . fi F 727-726-558, 5' '� ' eservatrons: # # • - ! - ! xi �twtuwYncenzos.us infn(iUincenzos.us • ,# . ` i .. .. '. •.. • 5 of McMullen &' Enterprise - : >Corner 245� McMullen Booth 80207 Clearwater, E L 33759 r � • • • r • , , r + Bu Ni ronf person who ._ i • # # • • . • • r -, • r, r s!�wrote he ba�ok '�� I �� • # ` ! i ` - r • Rolex - The . #; • , .. • , ,.. - • - — ` ! " # , : . ,ter .. i e} etthe author ,_ .. r r , r , • y, I. I �.` • , , -., ! .. - i : _ :: • is � - : , !.. • , • • =.. - _ _ � _ • • •. * Y �I� d SA E-OWNED, ROLEX WATCHES , �� �,� r, ; is 1 .; � �,, � :�; �i . is _ _ • — + Bu Ni ronf person who ._ i • # # • • . • • r -, • r, r s!�wrote he ba�ok '�� I �� • # ` ! i ` - r • Rolex - The Pr fessional s: Handbook , i e} etthe author ,_ .. r r , r , • • • • • 1 Page A4 Clearwater Gazette July 10, 000 - , r, FRESH 1.ilM"EL ORANGEsi��-', U - EXP. 219/08 lay 10, IdIC lAU., U 1.,f 'Ful4 VfUi3n. W11111111711II&WRIMME DOUGLAS R. CLIFFORD, I Times $23. In addition to termer, Jose Cardenas can be reached at A the event features James 1 1111 117,77-1 1111� r-� N � % , � // I d'h o A-1 Window & Doors Island One lesorts with local veterinarians in Pinel- The UpperTampa Bay unty to offe r low-cost spay/ Regional Chambbr6f Com- "hurt" "pain"to neuter for cats and dogs. for or parents during the cl S. YL Moms RMEDIMMMOM 1% Ind Nuch, NOV810 Absolute Re-Bath •J & R Carpet A.D.T. Action 1 Security Nature Coast Humane • merce will hosttaxforum Any cat or dog at least 8 weeks for small businesses from Signing babies talk sooner, have bigger voc- A.D.T. Security Services Society old can be signed up. Special 9 a�rnl. to noon Friday atthe ularies and throw fewer tantrums, says Monta Vancecr's MLY T All About Grills of Trinity New Horizon Builders Allen Engineering & - of Florida LLC Construction Services Outcast Watersports American Hurricane Outa-Sight Canine Specialists, Inc. Service American Laser Pacific Lots of Costa Rica Centers Panda Construction Inc. A-Niks Positive First A.D.T. Security Impressions Services Premier Gifts Tampa BaArea Air Progress Energy Conditioning Privacy On Demand Bath Fitter ProTech Coating Bay Area Pool Services Renovations Rodman & Co., Inc. Books Are Fun Rooms With A View Bozzi Builders St. Petersburg Times Bright Smile Shop San Antonio Building Brighter Ideas Supply Brinks Home Security Senica Air & Plumbing Cabinets Etc., Inc. Southeast Personnel CAT 5 Screens, LLC Leasing Certified Water South Florida Water Coldwell Banker Stanek Windows Action Realty Sunshine Garage Door • A0 depending on weight. SPOT offers low-cost spay/neu- wow, - 545-3463 for more information. COUNTYtVIDE Are you good at negotiating? The Long-Terin Care Ombuds- man Program administered • • -1 & Uffir-M *61MI-ROM I I ir-11 MM klAUMMI I 1Q4 I of all professional and cultural at negotiating and advocating. Mileage and meal reimburse- UP W • pseronineatWNMK utb hamber.com under ca - endarof events. Pinellas deaths Brancato, Marie D. A Victorian-style hotel would take its place on Sand Key- Brosius Greta b. mc�re �r�forrna ion, calf. V renovate leair to the main resort. Clearwater )fficials could approve the plans as early as April 15. Representatives of Legg Mason said the combined con- struction cost for both projects could be $150-million. Work could start as early as 2009. The company, which paid nearly $30.3- million for the historic landmark, hopes guests of the eventually restored Biltmore will have the option to boat across the water and stay at the Cabana Club hotel on the Gulf of Mexico. "The cabana project is an enhance- ment to the overall historic preservation ATOYIADEANS I Times that begins in Belleair," said George Rah- Mark Marquardt has his forehead marked with 'ashes shaped like a cross, dert, the St. Petersburg attorney who rep which worshi 'ers traditionall don t wash off until after sundown, at an resents the company. Ralidert also repre- See CABANA, I 6 Ash Wednesday service at St. Cecilia !s Catholic Church in Clearwater. I I ' I ❑ 2 1 Thursday, February 7, 2008 1 St. Petersburg Times CLVV I 0 1 11 I � � I I ® . I � I I I I � I I C, LI W , St. I PI etersbuI rg Tim. es I TI � hursday, February 7. , -21 101 0"8 I I I I 1 1I 1 5 - 1-11 '1171 I r-Al KrTlrP � Portrait Packag'e Specla , " 1, ,�� I I 111,'e , I I , I I , 1')� , 1, , I ez. r ,' , I , ,� _ki�:, �5i,, Pac"ge Includes: � I ii " 1� I i "- ", � �,',`, 1�i -10 I I Onh I .�,�,',� ,i� 11 One x,113 I � tll, I I Y I I I �, , ,"'A � TWo-8 x 10's , I I�,: ,�_,,,, I ) � I I '11111"T , x,, 1��1,11_11 ,� f"", I I I I I 1 '(71, �. P, t I , Four-5 x 7's I ; , I I I I I I ' �', ", �� � . I � N Four-3, x 5's . � I I I I I , I V I I 1 ' I . I I � P", ,� 4Z , ' I I I I ,� Y_ , I � I " '1_ :` :� 32 Wallets I ,� I � , , 11 I �,,_ : k I , " � I " ; k 1'I 1, k _a 1 I _,I I , PLUS I ,6 FREE � F ,� Personalized , r f , _� 1 ! , , ; : Portrait Cards � k I t I' s , I I I I , I I Clearwater 2663 Mall I I . I I � I I 1R7R&07 11 �,Gulf to Bay Boulevard, Suite 970 1 . I'll. . onnova-1,90nar, Clearwater, FL 33759 - 727-726.8292 � . I � Studio Hours: Tuesday - Sunday 9'a.m. - 6 p.m. I We've totally re-invented the studio experience. www.Poaraitlnnovations.com I 4pointinents Highly Rocarranuencled. Walk-ins are welcome but may be limited based on availability. No subject fee or additional dmrgm Only one $9.95 Portrait Pad,ag I favouire posc, per finiiily or group during each promotional period please. Offer nor valid for business purpos., 'Td.',' individual your subjects or unaccompanied minors. Offer subject to change at any time. I I . 1 623064-01 F- For breaking news 24/7.2mmpM1bM7.00M 1 rs0005 1111 ... _ - � I - � I - - � - I - I I - I �� " , I , wow , f'�l��,,,,��,,,�,�,�,'�,�,�,��l""�:,,,,, ' I I Roz Glisson, Louis Gould, received degrees '�`;" " '_11 I I � " " ,�,i, to power the state for the future. people fear that the electricity Sion to build the nuclear plant, � Courtesy of the Sterling Society of the Dunedin Fine Art Center , from the i,i;t�,,,,*�,�,, �'`,t�,,,,, ., - , r I I - I E�ii, �;,�l,',i , �,,, i��,,,,�""�,�', �_.11111111�,, �, , �,:. " , , ",, " , . ,��,�','��,,�,�, "!, ,�, ,� " , �_ ; ,�,,��:",�,,�.��,s,-�,,�,,�"""�, � �,, � I � University of Massachu etts Ul_,. ,_ , To help meet that need, Progress surging through the lines could much less defined exactly where" I ' '. ' Glendle and Cenie Neal of Ruth Bessmer, left, and Syd Entel track the donations to the , , , Vivien Sldnner Grant, Jea- ' s ,z- t, , 'L � ,___j Energy Florida is considering , somehow affect their health. , the transmission lines would gO.T • Clearwater celebrated their 60th Dunedin Fine Ails and Cultural Center. They and others involved netts Hale, Shirley Heine,. and Southern Connecticut Irene Ormirod, I I I I building a nuclear power plant One of the neighborhoods that But public information meet- wedding anniversary on Oct. 13, in the project were honored at a recent luncheon. of Littlejohn Leschot, Pat State College in New Haven. . I in Levy County, which is north of could be impacted if the lines go ings are being organized already' 2007, with family and friends at Lloveras, Betty Jean Moore, He worked. as a 'physical home. , I I Citrus County. Ifthe plant is built across northeast Pinellas is Cres- in potentially affected counties;',','�, the Boizao Steakhouse in Timpa. anniversary with a cruise to the The couple came here in 1970 Joyce Mullett, Barbara education director in three � She was married in Worces- , I I I I ,: 1111 ' . - and Progress Energy won't � cent Oaks at the intersection including Pinellas, Pasco, Hills -�! The couple were married Mediterranean and a five-day from Springfield, Ohio. Nielsen, Cynthia Nilson, YMCAs early in his career., ter on Aug. 4,1926, to James A. I ,, I : even decide whether to pursue of East Lake Road and Trinity borough and Hernando. J!, Oct. 11, 1947, by a justice of the stay in Tuscany. . They are Episcopalians. Betty Proefke, Wray Regis- -1 and retired after 25 years on I Oirnrod, who worked for many , I I , the idea until later this year - Boulevard. A representative of Progress Energy might fac6`� I peace in Rossville, Ga- . Mr. Vonore is a veteran of the Mr. McGregor, 97, and Mrs. .ter, Pat Riley, Yvonne White, the faculty of the University years as'a YMCA physical direc- I" . the power generated there would Progress Energy met with Cres- opposition to its plans, but it isf, They lived in Albany, Ky., until Korean War and a member of McGregor, 93, are active in coon- Ginny Hood Williams and of New Haven in the depart- tor, and after a career change, have to be transmitted through- cent Oaks residents at the Janu- less likely to also face suspicionu 1 1955, and came to Clearwater in . the American Legion. He was try clubs up north, I Charlotte Wright. I ,� mart of athletics and physi- retired in 1969 as chief met-, - I . ': out West Central Florida. ary meeting of their homeown- if it shares all the details with the 1978 from New Castle, Ind. employed by Matrix, ;i medical The couple have three daugh- I I I I I . cal education. , allurgist at the 'New England ', I I I ill ' electronics' company, � - The power company has ere association. The re resents public, starting now. ; , Mr. Neal retired from the as national tars, Janet Grafflin, Springfield, PHU student wins - I Mrs. Ormrod is a home High Carbon Wire Co. Mill- , I I I � J" Chrysler Corp. in New Castle, service manager. I Nancy Nowak, Xenia, Ohio and I � �'� I n I iaker. I � � . I I bury, Mass. , � I I 11 I I I ',: .1al , where he also built homes and Mrs: Vanore was employed by Ruth Glover, Naples, Fla.; Ohio, VFW essay contest ' I ' ;1 I , I I . Mr. Ormrod is involved in Mrs. Ormrod was a home- `; 1� � I I � I I ,n I , �,,,,�', . ' Share your opinions I go to tampabay.com/letters � 'A � apartments. MeadoxMedicals. grandchildren; and 15 great- MarissaLyons, 15, was recent- • - many Tampa Bay civic orga- maker and an'officer in the '701mir Reagen ) L,' I . I , I L� From 1978 to 1982, Mr. and They moved to this area in grandchildren. ly awarded first place in the Voice , nizations, and both are active Republican Club of Worcester 'I, /"), � I I I I I � . I . . ° ,�, Mrs. Neal owned the Sandpiper May 1986 from Ringwood, N.J. I of Democra- I I I in their mobile home commu- County. She and her husband, �,':'� I , 000 . I W� 1, , � , , ", .1 - I '' xi��,��'.��',�"'N', � I Motel on Clear water Beach. Mr. and Mrs. Vanore are of the �® cy competition `:' �"�� ' nity, where they serve as cam- were active in the Order of the, ' I ' , �. " ' , , ,, I 11 1. I " : I sll, 11, : . � I I I I , k,ll .q 11, � ern S . I ""Zi , "." , ,;,� ��, _�N,� I , x I !�t, I I , I , I faces of those trying to enter the - , '' � � '' M �� Harb� - I 1�ff - kik-:" � , , - I I � �i �Vs, ,V,-�,11 One shut the door in the eager Mr. Neal has been a Mason for Christian faith. ,,,�7 "ll I I ",1 ... I ' �`- by both Palm - mitte6 And special event vol- East tar, achieving, the ,,,,, Mbbard romps to victory 1.)I""-7.)"!,f.lv-,�,,,',,,,,-r, ,Z,,'�'7_,,,'['!_1) i 'M R-" � I "I "I I 1_7L , �,�,iii " " I I story, Jan. 30 . more than 50 years. They enjoy working out at Bal- , " or Veter 11 1 ',4 � I , � � f, 11.11, I unteers. high honor of Worthy Matron, ; I I You may submit a letter to I I , f j,;,� , I ,i � : I e I . north door of the conference The Neals are active mem- ly's. 1"", � �h" � I,%, , I I I I I � I �, �� vir,+n I I , , , � 111, I I .,�_ I ans of Foreign �,,, "," I � I 'The couple are in' good and Worthy Patron for the state-, Mayor's i %, 11" � , the editorfor possible publi-, a;',;,"" k��41" , , , :1, ", � , "" � . n,1777 ,� , - % '1 __�_ - - �� I I � 'I, 1�4 � , ry room, with what can only b6,9 hers of Calvary Baptist Church in The couple have a son and a 1 �,-�,14�7 "" " L", , , ", i �� Wars Post 1658 , , - '' � , � I I 1'�",�, ;1 I I �11. ,,, 11 "r � J , health and regularly visit with of Massachusetts. � , ", � "� ,��i , � i, , 5 "' I � cation through our Web site I 'k,�� , , " -4-= I , - I I I described as a hateful look and,,F Clearwater. grandson. . � f , -Z _�;'�,�,,��',,:�, "i" 1"� 11111 / I �,,� �_ I I i 1 �� ��,_ ;,,, I .1 I - � i�,,--,3 and Florida -, I I - 7"', ,, 0 ren, 20 grand- Thecouple came here in 1970, "� hardlya'romp atWWW.tampabay.corn/let- , ., , t, L " � - � _�',,;! � ' their five child . "`� � I 11 111 -, "", - �, �,,k � . I � ' I � no explanation. Then the lady in The couple have a son and two - 1, - , I � ,�,�_,� 11'111_,�11?" , , ,""', I'll VFW District 21 1 � 11\ 1, I r " r - - � i7 - , , �, , � " , , I ,�11 - 1, "", � - 1� .,,-,��' " I e , , '4�'1'11�., -, I I I - I ters, orb` yfaxing itto (727) charge, who introduced Corwiniv grandchildren. . 000 � I :,": - li;;� , _'. ii,�_, - , ,,,,, children, three great-grand- fromWorcester. , '/ " 1,; - for her written - , z , ' chfldren, as well as'Mr. Orm- They enjoyed traveling and �,,. , I suppose a nation that would , : ,�,_ ", 4" `,:_,_�,, i- ,,, � 445-4119, or by mailing it to ' '7=,-n',- -=- -.--,- 17� - , ", , " __ , I I 1 ,�,z� "' ", , ,. 1,;,,,�,,' � ", , � , � , . I - , 1� ", 1� - ��'11 �� ,, -��,,�,;t, ;��,��, 11 -,;" �' :,� I ,),� `i,7,:, • ) I ",_,,`��U,4',? ,,,;,�ir(�",,�o':;�,,,�,,��l.-I'l�?,��:1, �111 �il'j,, 11,�, �,;,.��, - , I declare a 51 percent to 49 percent I shushed the prematurely sheer " I . A, - - � \ 1.�, �41 � I I ;=,,,= speech and re- arse Lyons , rod's mother, Irene Onurod of visited many foreign coon ,,, I Letters, 710 Court St., Clear-, 000 11 .11,��i,iit'4-, -�� ',,��!,, `,�'!�"t,i ;*_4g`_.,,N�.' V ,�,,�!t-` "Ill I I 11 . 11 - � WUN&'W.fp,�,�, P& ". I - I 11.11. lr=m , margin a landslide victory could � ing crowd with irritation, wav-t� I . i, - I .. 11 �, - -, J,. I, � 1_1111D�_`�` - - - � , �,�, � , - , - _ - - - -, , , " , "", �, , - __ �, � �, �, , ., , _', , ; '� '' Springs; - - _ - tries. Jh their.V,avel trailer, they _.' � _ : . " I :.� � corded oral pre � _T%rpon Sprin I water, FL 3�756. You I ��""4:,��!�'t,�n��!,�� ;,Z,��.�-, 4"T, � � - , 1, , "".., I must . .�I'�,",",�,,-,��",k;"A,;��""�- � , t, �, I �11 , ,� ','�`,". 1� , 1� , 41- "t", � "' I I I I falso accent the above headline . I ��� ,�', � - ,,, I �, " " , I . 127 - �`,,','A"��,�r, ." �", ,. " " I "I. tnUrpel thp TTirtif-I Qfni until i,!� " 'I, sentation on the theme "How You I from the St. Petersburg Times. Personally, I think Rita Garvey made a very respectable shm- ,ing of 40 percent in her recent ,challenge for mayor of Clearwa- ter. We are so, unable to reach a consensus on anything that we feel anything more than 50 per- cent is a mandate. .I - 'N , "a S", *0 I I ta , Ste and length. I I I I . I . 11 0 111111111111111111101111111111111111 I I - prcArv-ymwcfv3!�, out of control. . She also ordered an elderl l•i, #,T;Qwi # spot where she missed the vide • 2• P I I I • ,1 �1111 I W'. � 1. I I 000 , I f_ ll�"" �",,,"""",-,-"�, , "', --��, � " 1 Andy and Freida Kowalski Would Honor an American Vet- I � I � . Mr. Ormrod's death in 1988. . , , I I I , "�', f, , ,, I I I � .�4 _/,f,,` - I )I I 1, � "� I I I '1� ,f"lt,�.,,,,��,�,,,�,�,,I,r!,,_I � ` I eran " 1111. 1 1111, e,. . , And speaking of Irene For the past 14 years, Mrs..: , ",;� r 'I'lo,' :I �_, 14..�11111'! "�,il� , ,� I 1, - ,�; 11 7 "I""i � I �, ,� . Andy and F)reida Kowalsld The Palm Harbor University � , Ormrod, the Tarpon Springs Ormrod has maintained her ;� .�,1�14 ��,�', _ I ... �"� , , 11"� , 11 ; �� I I li'll, � of Largo celebrated their 70th High School student was pre- i resident recently celebrated own home in Tarpon Springs. � I , I I I I I ,��, � , i �" 11 , � � . I ��,"'iz I , , wedding anniversary at their, sented with a congratulatory let- her 100th birthday with She enjoys good health and, " � - Allan and Ann McGregor daughter's home with family ter and certificate from state Rep. , friends and family, many com- takes dailywalks. � I I I "I, members. . Tom Anderson with cash rewards � ing from out of state, _ , , When asked for her secret to Allan and Ann McGregor The couple were wed Jan. 7, and a paid trip to Orlando to : Irene' Blanche Quillia was longevity, she will always say, "a "' I I I I • . Fb . I 1 ,, I - • . . . . . . I a I . . . * IIIIIIIIIIIIIII - - - I 9 Fn . am proud to say I voted for City t we offer in Pinellas County, but I in Tampa, Pinellas Park and Bridge St., Tampa, (813) 831-6988 1 Commission candidates Mark to how efficiently and well run, I I Clearwater, offer one- and two- o Freedom Village III, 1167 Taylor and Robin Fornino. I read Librarians need the mobile collection was. Th0 bedroom apartments. Heritage Turner St., Clearwater, (727) 443-1 m past weeks of finger pointing bookonmanners signage was excellent, the staff Oaks in Palm Harbor offers one- 6799 : and name calling • behalf • helpful and courteous, and I wag', bedroom apartments for people o Heritage Oaks of Palm Har- ! I some past and current commis- A damper was put on the impressed • the scope of item ski - 62 and older with low inco bar 2351 Alderman Road, Palm I Sion members and the "ugliness" standing room only appearance that we are able to recycle - . All four properties feature Harbor, (727) 787-0792 1 ,of our residents regarding the of Jeff Corwin recently at the something I believe is so impor-- well-maintained buildings with For general information about .1 decisions of our elected officials. Clearwater Library by the rude- tant in our very disposable so6� community rooms and common 'Goodwill apartments, visit the , I I I I read the St. Petersburg Times ness • and bad manners of • the ety. Keep • up the good work! '� � I areas. I Housing page at www.goodwill- editorial recommendations for library ladies in charge. MelodyUrso, Dunedin ,� r) I I I On-site Goodwill service coor- suncoast.com. I dinators at each facility help res- ' ; idents connect with community COUNTYWIDE i I I ,I � resources and services. rui,?r-eivr, ?,i Litpw i � I .t -, I . I I . - 1111 -1 � I I I I � .. I I i J I-- ' -, 1. . . li-11 1� --, 111i, ...., - I .1- .. 5. I I I Mease • Countryside • Hospital, I Maue, Susan K. and Robert : � Safety Harbor. A., Clearwater, a girl, 8 pounds 4 1 ; I I i I � I I I i I Cuthiiie, Jessyka Ann and �ounces, 7:55 a.m. Jan. 29,2008, � Brandon Douglas Thomas, Tar- Mease Countryside Hospital, , i I 11 I pan Springs, a boy, 2 pounds 2 SafetyHarbor. , I■� I I I .. I I i2 ounces, 9:31 Nov. 29,2007, Metz, Christina and Philip I IW u Safety Harbor. pounds 4 ounces; 12:34 .- J4 i I J I Harman, Nicole Starr and John 3,2008, Labor ofLove Birth Cen- ,� Copyright @2008 PuzzleJunction.com 02107 ��Jz Patrick Hoffman, Dunedin, a girl, • ter, Dunedin. I , I I I I I I I I I I I I I 11 �&Wffrkfff& ",V# [S17 � I � , 1-i I . CATARACT SURGERY ... , 11 , '. I 1: MAKING YOUR LWE BRIGHTER � I � I "I (727)938-2020 - StLukesCataract.com I , , < Main Office: 43309 U.S. Hwy. 19 N., Tarpon Springs � I � ,4 The Patient And Any other Person Responsible For Payment Has A Right To Refuse To Pay, Cancel : Payment, Or Be Reimbumed For Payment For Any Other Service, Examination, Or Treatment That Is Performed As A Result Of And Within 72 Hours Of Responding To The Advertisement For The Free, --- , Discounted Fee, Or Reduced Fee service, Examination, Or Treatment. .U'1.r :,, ,g ,,, ,,,�,, ". � :,, �,_ . 111 , '. � , �_- ,�_Ij " � 3 g , ______.11�_� � - , - � - � - - � -1-111ii'll.rM..1,01 � i-e-2 . ..I, 'g� lo, 4! 161 11� I . I- I I I I I I � I ` I 1 � � I � I �.111 11 I CITY OF CLEARWATER PUBLIC HEARING NOTICE I LAND USE PLAN AND ZONING ATLAS AMENDMENTS I . 11 I 11 � m more than 65 currencles NOTE. � . American Express Travelers Cheques BEGINNING of the Community Development Board meetina. Those cases that . arc not contested b�tho ap�orcant staff gert owners etc. will r be placed en a consent agenda and y of the meeting. � B The City of Clearwater, Florida, proposes to adopt the following ordinances: I 1 1 825 Court St., Clearwater I I ORDINANCE NO, 7920 -08 . 1 I 1 4 11121-11 I . AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE I LAND USE PLAN ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY,- TO I I CHANGE THE LAND USE DESIGNATION FOR CERTAIN REAL PROPERTY LOCATED � � AT THE SOUTHWEST CORNER OF THE INTERSECTION OF STATE ROAD 590 AND . .LEGAL NOTICE MCMULLEN BOOTH ROAD, CONSISTING OF LOT 1, SOUTH OAKS FASHION SQUARE, WHOSE POST OFFICE ADDRESS IS 1500,1510,1520,.1530,1540,1550,1560,1570, I IN THE CIRCUIT COURT FOR 1580, 1590, 1600, 1610, AND 1620 MCMULLEN BOOTH ROAD, FROM INDUSTRIAL P I PROBATE DIVISION I LIMITED (IL) TO COMMERCIAL GENERAL (CG); PROVIDING AN EFFECTIVE DATE, I I I I I F File No. 07008534ES I I ORDINANCE NO. 7921-08 r D Division: 003 1 .1 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING D Deceased, I I I ATLAS OF THE CITY BY REZONING CERTAIN PROPERTY AT THE SOUTHWEST N NOTICE TO CREDITORS CORNER OF THE INTERSECTION OF STATE ROAD 590 AND MCMULLEN BOOTH 1 1 I � , ROAD, CONSISTING OF LOT 1, SOUTH OAKS FASHION SQUARE, WHOSE POST Y You are hereby notified that an Order of Sum- OFFICE ADDRESS IS 1500, 1510, 1520, 1530, 1540,1550, 1560, 1570, 1580, 1590 m estate of Doris Lynn Green, deceased, File 1600, 1610, AND 1620 MCMULLEN BOOTH ROAD, FROM INDUSTRIAL RESEARCH e Number 07008534ES, b the Circuit Court AND TECHNOLOGY (IRT) TO COMMERCIAL (C); PROVIDING AN EFFECTIVE DATE. • f for Pinellas County, Flori a, Probate Division, I t the address of which Is 315 Court Street, I I The proposed ordinances will affect the land area shown on the map in this R Room 106, Clearwater, Florida 33756; that I I 9, 2007; that the total value of the estate is � of those to whom it has been assigned b ..�. , � � I s such order are: Ethan A. Green, 3506 SoutK I I Depew Street #8, Denver, CO 80235; Derek I t C. Green, c/o David Small, his guardian, � I 1490 West Dry Creek Way, Littleton, CO 1 8 Drive, Holiday, FL 34691• Brenda Robertson , :6.. : , - I and David . Small, 1490 Dry Creek Way, I I.. Littleton, CO 80120. - ... I I A ALL INTERESTED PERSONS ARE NOTIFIED * .. THAT All creditors of the estate of the dece- 7, 0 / an � � those far whom provision for full payment Tuesday, February 19, 2008 before the Community Development Board, at 1:00 p.m. i istration must file their claims with this court Thursday, March 20, 2008 before the City Council (1st Reading), at 6:00 p.m. W WITHIN THE TIME PERIODS SET FORTH IN I I S BATE CODE, ALL CLAIMS AND DEMANDS , I NOT SO FILED WILL BE FOREVER BARRED. All public hearings on the ordinances will be held in Council Chambers, 3rd floor of City N NOTWITHSTANDING ANY OTHER APPLI- Hall, 112 South Osceola Ave, Clearwater, Florida. (Goral Tov ADA Compliant, LTD) C CABLE TIME PERIOD, ANY CLAIM FILED I � , or objection with the Planning Director or City Clerk prior to the hearing; Any person F f who decides to appeal any decision made by the Board or Council, with respect.to any A Attorney for Personal'Representative: I matter considered at such hearings, will need to request a record of the proceedings C I . and, for such purpose, may need to ensure that a verbatim record of the proceedings is F Florida Bar No. 955980 � made, which record includes the testimony and evidence upon which the appeal is to be C � I based per Florida Statute 286.0105. Community Development Code Sec 4-206 states 2 . that party status shall be granted by the Board in quasi-judicial cases if the person T Telephone: 813/935-9922 1 I I requesting such status demonstrates that s/he is substantially affected. Party status F I entities parties to personally testify, present evidence, argument and witnesses, cross- I I examine witnesses, appeal the decision and speak on reconsideration requests, and P Personal Representative: needs to be requested and obtained during the case discussion before the CDB. D 1490 Dry Creek Way An oath will be administered swearing in all persons giving testimony I I n quasi-judicial L Littleton, CO 80120 1 1 1 public hearing cases. If you wish to speak at the meeting, please wait to be recognized, 1 1 02/07, 02/14/08 I 635= then state and spell your name and provide your address. Persons without party status speaking before the CDB shall be limited to three minutes unless an Individual is I I representing a group in which case the Chairperson may authorize a reasonable amount I of time up to 10 minutes. The Community Development Board will review the case and .111_1�1 make a recommendation to the City Council for final disposition. � �1;1�,,�i, .�,�_;,! . Five days prior to the CDB meeting, staff reports and recommendations on the above , ". ; . , 4 a.m. and 4:30 p.m., weekdays, at the City of Clearwater, Planning Department, 100 S. , _ . Myrtle Ave., Clearwater, FL 33756, Please contact the Planning Department 562-4567 , , 4, ,1 to discuss any questions or concerns about the project and/or to better understand , ,�# 1 the proposal. I ill - I -,= . I -W., I'll � J-A�.,�- _� " I 1z, I Planning Director I City Clerk I , I � I , ,�� '� I P.O. Box 4748, Clearwater, FL 33758-4748 - �!�;,ii .1 A COPY OF THIS AD IN LARGE PRINT , I I & ON WITH - R DER TO PARTICIPATE IN THIS MEETING , I !I SHOULD REQUEST. * 1 I I "I ck on, Resident , - I , En , I - I . ' Itam , 6 - 6 �_;" : I. " ,-1, 1111 � . Dr. BrombrI7 D.D. \,r - . , . Do You Have: .I [�rL I • Missing teeth ® Dark, yellow or stained teeth I - Unattractive smile - Headaches I NEW I - Bleeding gums - Need new dentures I P - Can't chew ® Broken or worn teeth J. 13110NDOZ . -03. , I SPECIAL - a P,AUIRMK DE , r FREE Complete E�xam I � - ,, F I r I Mail 7 - I The patient and any other �enson responsible for payment has a right to refuse to cancel t be reimbursed for payment for any other service, examination or Irealresnt which is performed 5ultofoadwithin7 h I I I -------- �, , I I I I 11 I I I I - I 11 - ,"': , l , , V I , .�v i�,,`: I ,�', "� ,����, I �`�i� "I ,�,_ , I I � , ie 1 0,11 I � I - � I - - � - I - I I - I �� " , I , wow , f'�l��,,,,��,,,�,�,�,'�,�,�,��l""�:,,,,, ' I I Roz Glisson, Louis Gould, received degrees '�`;" " '_11 I I � " " ,�,i, to power the state for the future. people fear that the electricity Sion to build the nuclear plant, � Courtesy of the Sterling Society of the Dunedin Fine Art Center , from the i,i;t�,,,,*�,�,, �'`,t�,,,,, ., - , r I I - I E�ii, �;,�l,',i , �,,, i��,,,,�""�,�', �_.11111111�,, �, , �,:. " , , ",, " , . ,��,�','��,,�,�, "!, ,�, ,� " , �_ ; ,�,,��:",�,,�.��,s,-�,,�,,�"""�, � �,, � I � University of Massachu etts Ul_,. ,_ , To help meet that need, Progress surging through the lines could much less defined exactly where" I ' '. ' Glendle and Cenie Neal of Ruth Bessmer, left, and Syd Entel track the donations to the , , , Vivien Sldnner Grant, Jea- ' s ,z- t, , 'L � ,___j Energy Florida is considering , somehow affect their health. , the transmission lines would gO.T • Clearwater celebrated their 60th Dunedin Fine Ails and Cultural Center. They and others involved netts Hale, Shirley Heine,. and Southern Connecticut Irene Ormirod, I I I I building a nuclear power plant One of the neighborhoods that But public information meet- wedding anniversary on Oct. 13, in the project were honored at a recent luncheon. of Littlejohn Leschot, Pat State College in New Haven. . I in Levy County, which is north of could be impacted if the lines go ings are being organized already' 2007, with family and friends at Lloveras, Betty Jean Moore, He worked. as a 'physical home. , I I Citrus County. Ifthe plant is built across northeast Pinellas is Cres- in potentially affected counties;',','�, the Boizao Steakhouse in Timpa. anniversary with a cruise to the The couple came here in 1970 Joyce Mullett, Barbara education director in three � She was married in Worces- , I I I I ,: 1111 ' . - and Progress Energy won't � cent Oaks at the intersection including Pinellas, Pasco, Hills -�! The couple were married Mediterranean and a five-day from Springfield, Ohio. Nielsen, Cynthia Nilson, YMCAs early in his career., ter on Aug. 4,1926, to James A. I ,, I : even decide whether to pursue of East Lake Road and Trinity borough and Hernando. J!, Oct. 11, 1947, by a justice of the stay in Tuscany. . They are Episcopalians. Betty Proefke, Wray Regis- -1 and retired after 25 years on I Oirnrod, who worked for many , I I , the idea until later this year - Boulevard. A representative of Progress Energy might fac6`� I peace in Rossville, Ga- . Mr. Vonore is a veteran of the Mr. McGregor, 97, and Mrs. .ter, Pat Riley, Yvonne White, the faculty of the University years as'a YMCA physical direc- I" . the power generated there would Progress Energy met with Cres- opposition to its plans, but it isf, They lived in Albany, Ky., until Korean War and a member of McGregor, 93, are active in coon- Ginny Hood Williams and of New Haven in the depart- tor, and after a career change, have to be transmitted through- cent Oaks residents at the Janu- less likely to also face suspicionu 1 1955, and came to Clearwater in . the American Legion. He was try clubs up north, I Charlotte Wright. I ,� mart of athletics and physi- retired in 1969 as chief met-, - I . ': out West Central Florida. ary meeting of their homeown- if it shares all the details with the 1978 from New Castle, Ind. employed by Matrix, ;i medical The couple have three daugh- I I I I I . cal education. , allurgist at the 'New England ', I I I ill ' electronics' company, � - The power company has ere association. The re resents public, starting now. ; , Mr. Neal retired from the as national tars, Janet Grafflin, Springfield, PHU student wins - I Mrs. Ormrod is a home High Carbon Wire Co. Mill- , I I I � J" Chrysler Corp. in New Castle, service manager. I Nancy Nowak, Xenia, Ohio and I � �'� I n I iaker. I � � . I I bury, Mass. , � I I 11 I I I ',: .1al , where he also built homes and Mrs: Vanore was employed by Ruth Glover, Naples, Fla.; Ohio, VFW essay contest ' I ' ;1 I , I I . Mr. Ormrod is involved in Mrs. Ormrod was a home- `; 1� � I I � I I ,n I , �,,,,�', . ' Share your opinions I go to tampabay.com/letters � 'A � apartments. MeadoxMedicals. grandchildren; and 15 great- MarissaLyons, 15, was recent- • - many Tampa Bay civic orga- maker and an'officer in the '701mir Reagen ) L,' I . I , I L� From 1978 to 1982, Mr. and They moved to this area in grandchildren. ly awarded first place in the Voice , nizations, and both are active Republican Club of Worcester 'I, /"), � I I I I I � . I . . ° ,�, Mrs. Neal owned the Sandpiper May 1986 from Ringwood, N.J. I of Democra- I I I in their mobile home commu- County. She and her husband, �,':'� I , 000 . I W� 1, , � , , ", .1 - I '' xi��,��'.��',�"'N', � I Motel on Clear water Beach. Mr. and Mrs. Vanore are of the �® cy competition `:' �"�� ' nity, where they serve as cam- were active in the Order of the, ' I ' , �. " ' , , ,, I 11 1. I " : I sll, 11, : . � I I I I , k,ll .q 11, � ern S . I ""Zi , "." , ,;,� ��, _�N,� I , x I !�t, I I , I , I faces of those trying to enter the - , '' � � '' M �� Harb� - I 1�ff - kik-:" � , , - I I � �i �Vs, ,V,-�,11 One shut the door in the eager Mr. Neal has been a Mason for Christian faith. ,,,�7 "ll I I ",1 ... I ' �`- by both Palm - mitte6 And special event vol- East tar, achieving, the ,,,,, Mbbard romps to victory 1.)I""-7.)"!,f.lv-,�,,,',,,,,-r, ,Z,,'�'7_,,,'['!_1) i 'M R-" � I "I "I I 1_7L , �,�,iii " " I I story, Jan. 30 . more than 50 years. They enjoy working out at Bal- , " or Veter 11 1 ',4 � I , � � f, 11.11, I unteers. high honor of Worthy Matron, ; I I You may submit a letter to I I , f j,;,� , I ,i � : I e I . north door of the conference The Neals are active mem- ly's. 1"", � �h" � I,%, , I I I I I � I �, �� vir,+n I I , , , � 111, I I .,�_ I ans of Foreign �,,, "," I � I 'The couple are in' good and Worthy Patron for the state-, Mayor's i %, 11" � , the editorfor possible publi-, a;',;,"" k��41" , , , :1, ", � , "" � . n,1777 ,� , - % '1 __�_ - - �� I I � 'I, 1�4 � , ry room, with what can only b6,9 hers of Calvary Baptist Church in The couple have a son and a 1 �,-�,14�7 "" " L", , , ", i �� Wars Post 1658 , , - '' � , � I I 1'�",�, ;1 I I �11. ,,, 11 "r � J , health and regularly visit with of Massachusetts. � , ", � "� ,��i , � i, , 5 "' I � cation through our Web site I 'k,�� , , " -4-= I , - I I I described as a hateful look and,,F Clearwater. grandson. . � f , -Z _�;'�,�,,��',,:�, "i" 1"� 11111 / I �,,� �_ I I i 1 �� ��,_ ;,,, I .1 I - � i�,,--,3 and Florida -, I I - 7"', ,, 0 ren, 20 grand- Thecouple came here in 1970, "� hardlya'romp atWWW.tampabay.corn/let- , ., , t, L " � - � _�',,;! � ' their five child . "`� � I 11 111 -, "", - �, �,,k � . I � ' I � no explanation. Then the lady in The couple have a son and two - 1, - , I � ,�,�_,� 11'111_,�11?" , , ,""', I'll VFW District 21 1 � 11\ 1, I r " r - - � i7 - , , �, , � " , , I ,�11 - 1, "", � - 1� .,,-,��' " I e , , '4�'1'11�., -, I I I - I ters, orb` yfaxing itto (727) charge, who introduced Corwiniv grandchildren. . 000 � I :,": - li;;� , _'. ii,�_, - , ,,,,, children, three great-grand- fromWorcester. , '/ " 1,; - for her written - , z , ' chfldren, as well as'Mr. Orm- They enjoyed traveling and �,,. , I suppose a nation that would , : ,�,_ ", 4" `,:_,_�,, i- ,,, � 445-4119, or by mailing it to ' '7=,-n',- -=- -.--,- 17� - , ", , " __ , I I 1 ,�,z� "' ", , ,. 1,;,,,�,,' � ", , � , � , . I - , 1� ", 1� - ��'11 �� ,, -��,,�,;t, ;��,��, 11 -,;" �' :,� I ,),� `i,7,:, • ) I ",_,,`��U,4',? ,,,;,�ir(�",,�o':;�,,,�,,��l.-I'l�?,��:1, �111 �il'j,, 11,�, �,;,.��, - , I declare a 51 percent to 49 percent I shushed the prematurely sheer " I . A, - - � \ 1.�, �41 � I I ;=,,,= speech and re- arse Lyons , rod's mother, Irene Onurod of visited many foreign coon ,,, I Letters, 710 Court St., Clear-, 000 11 .11,��i,iit'4-, -�� ',,��!,, `,�'!�"t,i ;*_4g`_.,,N�.' V ,�,,�!t-` "Ill I I 11 . 11 - � WUN&'W.fp,�,�, P& ". I - I 11.11. lr=m , margin a landslide victory could � ing crowd with irritation, wav-t� I . i, - I .. 11 �, - -, J,. I, � 1_1111D�_`�` - - - � , �,�, � , - , - _ - - - -, , , " , "", �, , - __ �, � �, �, , ., , _', , ; '� '' Springs; - - _ - tries. Jh their.V,avel trailer, they _.' � _ : . " I :.� � corded oral pre � _T%rpon Sprin I water, FL 3�756. You I ��""4:,��!�'t,�n��!,�� ;,Z,��.�-, 4"T, � � - , 1, , "".., I must . .�I'�,",",�,,-,��",k;"A,;��""�- � , t, �, I �11 , ,� ','�`,". 1� , 1� , 41- "t", � "' I I I I falso accent the above headline . I ��� ,�', � - ,,, I �, " " , I . 127 - �`,,','A"��,�r, ." �", ,. " " I "I. tnUrpel thp TTirtif-I Qfni until i,!� " 'I, sentation on the theme "How You I from the St. Petersburg Times. Personally, I think Rita Garvey made a very respectable shm- ,ing of 40 percent in her recent ,challenge for mayor of Clearwa- ter. We are so, unable to reach a consensus on anything that we feel anything more than 50 per- cent is a mandate. .I - 'N , "a S", *0 I I ta , Ste and length. I I I I . I . 11 0 111111111111111111101111111111111111 I I - prcArv-ymwcfv3!�, out of control. . She also ordered an elderl l•i, #,T;Qwi # spot where she missed the vide • 2• P I I I • ,1 �1111 I W'. � 1. I I 000 , I f_ ll�"" �",,,"""",-,-"�, , "', --��, � " 1 Andy and Freida Kowalski Would Honor an American Vet- I � I � . Mr. Ormrod's death in 1988. . , , I I I , "�', f, , ,, I I I � .�4 _/,f,,` - I )I I 1, � "� I I I '1� ,f"lt,�.,,,,��,�,,,�,�,,I,r!,,_I � ` I eran " 1111. 1 1111, e,. . , And speaking of Irene For the past 14 years, Mrs..: , ",;� r 'I'lo,' :I �_, 14..�11111'! "�,il� , ,� I 1, - ,�; 11 7 "I""i � I �, ,� . Andy and F)reida Kowalsld The Palm Harbor University � , Ormrod, the Tarpon Springs Ormrod has maintained her ;� .�,1�14 ��,�', _ I ... �"� , , 11"� , 11 ; �� I I li'll, � of Largo celebrated their 70th High School student was pre- i resident recently celebrated own home in Tarpon Springs. � I , I I I I I ,��, � , i �" 11 , � � . I ��,"'iz I , , wedding anniversary at their, sented with a congratulatory let- her 100th birthday with She enjoys good health and, " � - Allan and Ann McGregor daughter's home with family ter and certificate from state Rep. , friends and family, many com- takes dailywalks. � I I I "I, members. . Tom Anderson with cash rewards � ing from out of state, _ , , When asked for her secret to Allan and Ann McGregor The couple were wed Jan. 7, and a paid trip to Orlando to : Irene' Blanche Quillia was longevity, she will always say, "a "' I I I I • . Fb . I 1 ,, I - • . . . . . . I a I . . . * IIIIIIIIIIIIIII - - - I 9 Fn . am proud to say I voted for City t we offer in Pinellas County, but I in Tampa, Pinellas Park and Bridge St., Tampa, (813) 831-6988 1 Commission candidates Mark to how efficiently and well run, I I Clearwater, offer one- and two- o Freedom Village III, 1167 Taylor and Robin Fornino. I read Librarians need the mobile collection was. Th0 bedroom apartments. Heritage Turner St., Clearwater, (727) 443-1 m past weeks of finger pointing bookonmanners signage was excellent, the staff Oaks in Palm Harbor offers one- 6799 : and name calling • behalf • helpful and courteous, and I wag', bedroom apartments for people o Heritage Oaks of Palm Har- ! I some past and current commis- A damper was put on the impressed • the scope of item ski - 62 and older with low inco bar 2351 Alderman Road, Palm I Sion members and the "ugliness" standing room only appearance that we are able to recycle - . All four properties feature Harbor, (727) 787-0792 1 ,of our residents regarding the of Jeff Corwin recently at the something I believe is so impor-- well-maintained buildings with For general information about .1 decisions of our elected officials. Clearwater Library by the rude- tant in our very disposable so6� community rooms and common 'Goodwill apartments, visit the , I I I I read the St. Petersburg Times ness • and bad manners of • the ety. Keep • up the good work! '� � I areas. I Housing page at www.goodwill- editorial recommendations for library ladies in charge. MelodyUrso, Dunedin ,� r) I I I On-site Goodwill service coor- suncoast.com. I dinators at each facility help res- ' ; idents connect with community COUNTYWIDE i I I ,I � resources and services. rui,?r-eivr, ?,i Litpw i � I .t -, I . I I . - 1111 -1 � I I I I � .. I I i J I-- ' -, 1. . . li-11 1� --, 111i, ...., - I .1- .. 5. I I I Mease • Countryside • Hospital, I Maue, Susan K. and Robert : � Safety Harbor. A., Clearwater, a girl, 8 pounds 4 1 ; I I i I � I I I i I Cuthiiie, Jessyka Ann and �ounces, 7:55 a.m. Jan. 29,2008, � Brandon Douglas Thomas, Tar- Mease Countryside Hospital, , i I 11 I pan Springs, a boy, 2 pounds 2 SafetyHarbor. , I■� I I I .. I I i2 ounces, 9:31 Nov. 29,2007, Metz, Christina and Philip I IW u Safety Harbor. pounds 4 ounces; 12:34 .- J4 i I J I Harman, Nicole Starr and John 3,2008, Labor ofLove Birth Cen- ,� Copyright @2008 PuzzleJunction.com 02107 ��Jz Patrick Hoffman, Dunedin, a girl, • ter, Dunedin. I , I I I I I I I I I I I I I 11 �&Wffrkfff& ",V# [S17 � I � , 1-i I . CATARACT SURGERY ... , 11 , '. I 1: MAKING YOUR LWE BRIGHTER � I � I "I (727)938-2020 - StLukesCataract.com I , , < Main Office: 43309 U.S. Hwy. 19 N., Tarpon Springs � I � ,4 The Patient And Any other Person Responsible For Payment Has A Right To Refuse To Pay, Cancel : Payment, Or Be Reimbumed For Payment For Any Other Service, Examination, Or Treatment That Is Performed As A Result Of And Within 72 Hours Of Responding To The Advertisement For The Free, --- , Discounted Fee, Or Reduced Fee service, Examination, Or Treatment. .U'1.r :,, ,g ,,, ,,,�,, ". � :,, �,_ . 111 , '. � , �_- ,�_Ij " � 3 g , ______.11�_� � - , - � - � - - � -1-111ii'll.rM..1,01 � i-e-2 . ..I, 'g� lo, 4! 161 11� I . I- I I I I I I � I ` I 1 � � I � I from the St. Petersburg Times. Personally, I think Rita Garvey made a very respectable shm- ,ing of 40 percent in her recent ,challenge for mayor of Clearwa- ter. We are so, unable to reach a consensus on anything that we feel anything more than 50 per- cent is a mandate. .I - 'N , "a S", *0 I I ta , Ste and length. I I I I . I . 11 0 111111111111111111101111111111111111 I I - prcArv-ymwcfv3!�, out of control. . She also ordered an elderl l•i, #,T;Qwi # spot where she missed the vide • 2• P I I I • ,1 �1111 I W'. � 1. I I 000 , I f_ ll�"" �",,,"""",-,-"�, , "', --��, � " 1 Andy and Freida Kowalski Would Honor an American Vet- I � I � . Mr. Ormrod's death in 1988. . , , I I I , "�', f, , ,, I I I � .�4 _/,f,,` - I )I I 1, � "� I I I '1� ,f"lt,�.,,,,��,�,,,�,�,,I,r!,,_I � ` I eran " 1111. 1 1111, e,. . , And speaking of Irene For the past 14 years, Mrs..: , ",;� r 'I'lo,' :I �_, 14..�11111'! "�,il� , ,� I 1, - ,�; 11 7 "I""i � I �, ,� . Andy and F)reida Kowalsld The Palm Harbor University � , Ormrod, the Tarpon Springs Ormrod has maintained her ;� .�,1�14 ��,�', _ I ... �"� , , 11"� , 11 ; �� I I li'll, � of Largo celebrated their 70th High School student was pre- i resident recently celebrated own home in Tarpon Springs. � I , I I I I I ,��, � , i �" 11 , � � . I ��,"'iz I , , wedding anniversary at their, sented with a congratulatory let- her 100th birthday with She enjoys good health and, " � - Allan and Ann McGregor daughter's home with family ter and certificate from state Rep. , friends and family, many com- takes dailywalks. � I I I "I, members. . Tom Anderson with cash rewards � ing from out of state, _ , , When asked for her secret to Allan and Ann McGregor The couple were wed Jan. 7, and a paid trip to Orlando to : Irene' Blanche Quillia was longevity, she will always say, "a "' I I I I • . Fb . I 1 ,, I - • . . . . . . I a I . . . * IIIIIIIIIIIIIII - - - I 9 Fn . am proud to say I voted for City t we offer in Pinellas County, but I in Tampa, Pinellas Park and Bridge St., Tampa, (813) 831-6988 1 Commission candidates Mark to how efficiently and well run, I I Clearwater, offer one- and two- o Freedom Village III, 1167 Taylor and Robin Fornino. I read Librarians need the mobile collection was. Th0 bedroom apartments. Heritage Turner St., Clearwater, (727) 443-1 m past weeks of finger pointing bookonmanners signage was excellent, the staff Oaks in Palm Harbor offers one- 6799 : and name calling • behalf • helpful and courteous, and I wag', bedroom apartments for people o Heritage Oaks of Palm Har- ! I some past and current commis- A damper was put on the impressed • the scope of item ski - 62 and older with low inco bar 2351 Alderman Road, Palm I Sion members and the "ugliness" standing room only appearance that we are able to recycle - . All four properties feature Harbor, (727) 787-0792 1 ,of our residents regarding the of Jeff Corwin recently at the something I believe is so impor-- well-maintained buildings with For general information about .1 decisions of our elected officials. Clearwater Library by the rude- tant in our very disposable so6� community rooms and common 'Goodwill apartments, visit the , I I I I read the St. Petersburg Times ness • and bad manners of • the ety. Keep • up the good work! '� � I areas. I Housing page at www.goodwill- editorial recommendations for library ladies in charge. MelodyUrso, Dunedin ,� r) I I I On-site Goodwill service coor- suncoast.com. I dinators at each facility help res- ' ; idents connect with community COUNTYWIDE i I I ,I � resources and services. rui,?r-eivr, ?,i Litpw i � I .t -, I . I I . - 1111 -1 � I I I I � .. I I i J I-- ' -, 1. . . li-11 1� --, 111i, ...., - I .1- .. 5. I I I Mease • Countryside • Hospital, I Maue, Susan K. and Robert : � Safety Harbor. A., Clearwater, a girl, 8 pounds 4 1 ; I I i I � I I I i I Cuthiiie, Jessyka Ann and �ounces, 7:55 a.m. Jan. 29,2008, � Brandon Douglas Thomas, Tar- Mease Countryside Hospital, , i I 11 I pan Springs, a boy, 2 pounds 2 SafetyHarbor. , I■� I I I .. I I i2 ounces, 9:31 Nov. 29,2007, Metz, Christina and Philip I IW u Safety Harbor. pounds 4 ounces; 12:34 .- J4 i I J I Harman, Nicole Starr and John 3,2008, Labor ofLove Birth Cen- ,� Copyright @2008 PuzzleJunction.com 02107 ��Jz Patrick Hoffman, Dunedin, a girl, • ter, Dunedin. I , I I I I I I I I I I I I I 11 �&Wffrkfff& ",V# [S17 � I � , 1-i I . CATARACT SURGERY ... , 11 , '. I 1: MAKING YOUR LWE BRIGHTER � I � I "I (727)938-2020 - StLukesCataract.com I , , < Main Office: 43309 U.S. Hwy. 19 N., Tarpon Springs � I � ,4 The Patient And Any other Person Responsible For Payment Has A Right To Refuse To Pay, Cancel : Payment, Or Be Reimbumed For Payment For Any Other Service, Examination, Or Treatment That Is Performed As A Result Of And Within 72 Hours Of Responding To The Advertisement For The Free, --- , Discounted Fee, Or Reduced Fee service, Examination, Or Treatment. .U'1.r :,, ,g ,,, ,,,�,, ". � :,, �,_ . 111 , '. � , �_- ,�_Ij " � 3 g , ______.11�_� � - , - � - � - - � -1-111ii'll.rM..1,01 � i-e-2 . ..I, 'g� lo, 4! 161 11� I . I- I I I I I I � I ` I 1 � � I � I am proud to say I voted for City t we offer in Pinellas County, but I in Tampa, Pinellas Park and Bridge St., Tampa, (813) 831-6988 1 Commission candidates Mark to how efficiently and well run, I I Clearwater, offer one- and two- o Freedom Village III, 1167 Taylor and Robin Fornino. I read Librarians need the mobile collection was. Th0 bedroom apartments. Heritage Turner St., Clearwater, (727) 443-1 m past weeks of finger pointing bookonmanners signage was excellent, the staff Oaks in Palm Harbor offers one- 6799 : and name calling • behalf • helpful and courteous, and I wag', bedroom apartments for people o Heritage Oaks of Palm Har- ! I some past and current commis- A damper was put on the impressed • the scope of item ski - 62 and older with low inco bar 2351 Alderman Road, Palm I Sion members and the "ugliness" standing room only appearance that we are able to recycle - . All four properties feature Harbor, (727) 787-0792 1 ,of our residents regarding the of Jeff Corwin recently at the something I believe is so impor-- well-maintained buildings with For general information about .1 decisions of our elected officials. Clearwater Library by the rude- tant in our very disposable so6� community rooms and common 'Goodwill apartments, visit the , I I I I read the St. Petersburg Times ness • and bad manners of • the ety. Keep • up the good work! '� � I areas. I Housing page at www.goodwill- editorial recommendations for library ladies in charge. MelodyUrso, Dunedin ,� r) I I I On-site Goodwill service coor- suncoast.com. I dinators at each facility help res- ' ; idents connect with community COUNTYWIDE i I I ,I � resources and services. rui,?r-eivr, ?,i Litpw i � I .t -, I . I I . - 1111 -1 � I I I I � .. I I i J I-- ' -, 1. . . li-11 1� --, 111i, ...., - I .1- .. 5. I I I Mease • Countryside • Hospital, I Maue, Susan K. and Robert : � Safety Harbor. A., Clearwater, a girl, 8 pounds 4 1 ; I I i I � I I I i I Cuthiiie, Jessyka Ann and �ounces, 7:55 a.m. Jan. 29,2008, � Brandon Douglas Thomas, Tar- Mease Countryside Hospital, , i I 11 I pan Springs, a boy, 2 pounds 2 SafetyHarbor. , I■� I I I .. I I i2 ounces, 9:31 Nov. 29,2007, Metz, Christina and Philip I IW u Safety Harbor. pounds 4 ounces; 12:34 .- J4 i I J I Harman, Nicole Starr and John 3,2008, Labor ofLove Birth Cen- ,� Copyright @2008 PuzzleJunction.com 02107 ��Jz Patrick Hoffman, Dunedin, a girl, • ter, Dunedin. I , I I I I I I I I I I I I I 11 �&Wffrkfff& ",V# [S17 � I � , 1-i I . CATARACT SURGERY ... , 11 , '. I 1: MAKING YOUR LWE BRIGHTER � I � I "I (727)938-2020 - StLukesCataract.com I , , < Main Office: 43309 U.S. Hwy. 19 N., Tarpon Springs � I � ,4 The Patient And Any other Person Responsible For Payment Has A Right To Refuse To Pay, Cancel : Payment, Or Be Reimbumed For Payment For Any Other Service, Examination, Or Treatment That Is Performed As A Result Of And Within 72 Hours Of Responding To The Advertisement For The Free, --- , Discounted Fee, Or Reduced Fee service, Examination, Or Treatment. .U'1.r :,, ,g ,,, ,,,�,, ". � :,, �,_ . 111 , '. � , �_- ,�_Ij " � 3 g , ______.11�_� � - , - � - � - - � -1-111ii'll.rM..1,01 � i-e-2 . ..I, 'g� lo, 4! 161 11� I . I- I I I I I I � I ` I 1 � � I � I .t -, I . I I . - 1111 -1 � I I I I � .. I I i J I-- ' -, 1. . . li-11 1� --, 111i, ...., - I .1- .. 5. I I I Mease • Countryside • Hospital, I Maue, Susan K. and Robert : � Safety Harbor. A., Clearwater, a girl, 8 pounds 4 1 ; I I i I � I I I i I Cuthiiie, Jessyka Ann and �ounces, 7:55 a.m. Jan. 29,2008, � Brandon Douglas Thomas, Tar- Mease Countryside Hospital, , i I 11 I pan Springs, a boy, 2 pounds 2 SafetyHarbor. , I■� I I I .. I I i2 ounces, 9:31 Nov. 29,2007, Metz, Christina and Philip I IW u Safety Harbor. pounds 4 ounces; 12:34 .- J4 i I J I Harman, Nicole Starr and John 3,2008, Labor ofLove Birth Cen- ,� Copyright @2008 PuzzleJunction.com 02107 ��Jz Patrick Hoffman, Dunedin, a girl, • ter, Dunedin. I , I I I I I I I I I I I I I 11 �&Wffrkfff& ",V# [S17 � I � , 1-i I . CATARACT SURGERY ... , 11 , '. I 1: MAKING YOUR LWE BRIGHTER � I � I "I (727)938-2020 - StLukesCataract.com I , , < Main Office: 43309 U.S. Hwy. 19 N., Tarpon Springs � I � ,4 The Patient And Any other Person Responsible For Payment Has A Right To Refuse To Pay, Cancel : Payment, Or Be Reimbumed For Payment For Any Other Service, Examination, Or Treatment That Is Performed As A Result Of And Within 72 Hours Of Responding To The Advertisement For The Free, --- , Discounted Fee, Or Reduced Fee service, Examination, Or Treatment. .U'1.r :,, ,g ,,, ,,,�,, ". � :,, �,_ . 111 , '. � , �_- ,�_Ij " � 3 g , ______.11�_� � - , - � - � - - � -1-111ii'll.rM..1,01 � i-e-2 . ..I, 'g� lo, 4! 161 11� I . I- I I I I I I � I ` I 1 � � I � I 11 �&Wffrkfff& ",V# [S17 � I � , 1-i I . CATARACT SURGERY ... , 11 , '. I 1: MAKING YOUR LWE BRIGHTER � I � I "I (727)938-2020 - StLukesCataract.com I , , < Main Office: 43309 U.S. Hwy. 19 N., Tarpon Springs � I � ,4 The Patient And Any other Person Responsible For Payment Has A Right To Refuse To Pay, Cancel : Payment, Or Be Reimbumed For Payment For Any Other Service, Examination, Or Treatment That Is Performed As A Result Of And Within 72 Hours Of Responding To The Advertisement For The Free, --- , Discounted Fee, Or Reduced Fee service, Examination, Or Treatment. .U'1.r :,, ,g ,,, ,,,�,, ". � :,, �,_ . 111 , '. � , �_- ,�_Ij " � 3 g , ______.11�_� � - , - � - � - - � -1-111ii'll.rM..1,01 � i-e-2 . ..I, 'g� lo, 4! 161 11� I . I- I I I I I I � I ` I 1 � � I � I