FLD2002-06016
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... CI Planning Depa~ment
earwa+er 100 South Myrtle Avenue
; ,I,! Clea/Wllter, Florida 33756
_ ~~ Telephone: 727-562-4567
() ~ Fax: 727-562-4576
CASE #: fL t) iDO'? - c0 0 {~
DATE RECEIVED: -
RECEIVED BY (staff initials):
ATLAS PAGE #: Z'lrS A,
ZONING DISTRICT: r
)! SUBMIT ORIGINAL SIGNED AND NOTARIZED APPLICATION
:>t SUBMIT 12 COPIES OF THE ORIGINAL APPLICATION including folded site plans
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)( SUBMIT APPLICATION FEE $ I LO :;, ·
LAND USE CLASSIFICATION: ZFII
ZONING & LAND USE CLASSIFICATION OF
ADJACENT PROPERTIES:
NORTH: L,o./ r-
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FLEXIBLE DEVELOPMENT APPLI ~L.C IoNN 2 0 2~n2 I :;.
(Revised 08/30/01) . i - -
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-PLEASE TYPE OR PRINT-
A. APPLICANT, PROPERTY OWNER AND AGENT INFORMATION: (Code Section 4-202.A)
APPLICANT NAME' (L fA ~ w A 1KR ~lCJ.\blli.~ vc C\ kq lio",,,,~ .:1k"" 0 ~\
MAILING ADDRESS: ~ ~ G, lSA y LV A Y
PHONE NUMBER: 77- 7 - l.[l..[ 2. - !o ~D ~ FAX NUMBER: "1 '2.1 . 4 (p I - 0 B 09
PROPERTY OWNER(S): (. Lfj{<. W ^ Tt;J<. H 0 <; e.rrtLh1J yl {J (. \
(Must include ALL owners) )
AGENT NAME: G. J E. Ef6R~ (r\4R(~1I LL' F-fJU\~~0k6{vTAl. AlliLY(i~ d- ~fRf1lr
MAILlNGADDRESS:J. 0, ~O)( (5 k> <8] ST. PErfR.5 f3LcRG fL '3 ::s-:r"'J 1
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PHONE NUMBER: 7t... +- 99 4 - 4.' '{3 FAX NUMBER: 72. 7 - ~ 22 ~ 2. q /q
B. PROPOSED DEVELOPMENT INFORMATION: (Code Section 4-202.A)
PARCEL SIZE:
(nS-~ BAYWAY
J...ol.s IS) I (n, /+-) Q ",~GlockAl C3,4ynV-)c=. SCt BOIOL)(i)/J lJ~
f (- <. q - l~ - 6~ OC)~ - do 1- 6l S-o
"2. <OJ goo )~,",,~Q r~e+
(acres, square feet) D I
PROPOSED USE(S) AND SIZE(S): - {I. 0<.. ~C> ~ \ l a dJ.~ t-tc?V\
(number of dwelling units, hotel rooms or square foo ge of nonresidential use)
(\ Dc)V'v\ ,-^tJ \ ~ \
DESCRIPTION OF RE'QUEST(S): ~(\ d e. Cd'- l t-e. \ - .r J l X 10 l
\ ' t (Incl~ all requested code deviat" s; e.g. reduction in required rnber of pa~n spaces, specific use. etc.)
'" I?\) <-'<;:0 'I- I'D ~.r\p<" 1-<[~I'Ilw' ,lIP J 4.'ic; X l(/I Sflpi
DOES THIS APPLICATION INVOLVE THE TRANSFER OF DEVELOPMENT RIGHTS (TOR), A PREVIOUSLY APPROVED PLANNED UNIT
DEVELOPMENT, OR A PREVIOUSLY APPROVED (CERTIFIED) SITE PLAN? YES _ NO ~yes, attach a copy of the applicable documents
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STREET ADDRESS:
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LEGAL DESCRIPTION:
PARCEL NUMBER:
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C. PROOF OF OWNERSHIP: (Code Section 4-202.A.5)
J{ SUBMIT A COPY OF THEJJTI F 1~~\.lRA.~~fQ,L1CY, ~ AFFIDAVIT ATTESTING TO THE OWNERSHIP OF THE PROPERTY
D. WRITTEN SUBM.ITTAL REQUIREMENTS: (Code Section 3-913.A)
~'o... Provide complete responses to the six (6) GENERAL APPLICABILITY CRITERIA:
1.
Dtl\.~
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"l'j' ~ b f
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3. The proposed development will not adversely affect the healt or safety or persons residing or working in the neighborhood of the proposed
use. T ~ Q. F ~ E? \A.",tt' (Jl... C>~ ~~<J ~ D 't s\ '-'~ "" el ~VL~ <\.c t Al> ~JI.Lt<(.e
Ct [Q e cJ (') VI LA I c.J ~~ (" 6(7 Q ~\I \ C'--\.& w(d~flt 11 (
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4. The proposed development is designed to minimize traffic congestion.
TL.. ~j\D~O'--eJ \J)(!)a,) (llP~ <iA~ Q~ .e~l'~\~ \/)o~e\ c~dJ~.lle.
PM~ <1(' \ <: ~OL-. t J. vt O.\. '^~ l~ ~ ~ r ame ("J ~ '" 1AG~'\' (..
5. The proposed development is consistent with the community character of the immediate vicinity of the parcel proposed for development.
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6. The design of the proposed development minimizes adverse effects, including visual, acoustic and olfactory and hours of operation impacts,
on adjacent properties.
~ Address the applicable flexibility criteria for the specific land use as listed in each Zoning District to which the waiver is requested (use separate
~heets as necessary): .
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Page 2 of 6 - Flexible Development Application - City of Clearw ater
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E. SUPPLEMENTAL SUBMITTAL REQUIREMENTS: (Code Section 4-202.A)
)Q,. SIGNED AND SEALED SURVEY (including legal description of property) - One original and 12 copies; eV\<Jo<"-cJ
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COPY OF RECORDED PLAT, as applicable;
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PRELIMINARY PLAT, as required;
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LOCATION MAP OF THE PROPERTY; Sea.. Pt.'vJLJA e)/'v-. \ ~ \\ ~
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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.)
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GRADING PLAN, as applicable;
F. SITE PLAN SUBMITTAL REQUIREMENTS: (Code Section 4-202.A)
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~ SITE F.'LAN with the following information (not to exceed 24" x 36"):
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All dimensions; I
North arrow; \
Engineering bar scale (minimum scale one inch equals 50 feet), and date prepared; \
Location map;
Index sheet referencing individual sheets included in package; ..
Footprint and size of all buildings and structures; /JA
All required setbacks;
All existing and proposed points of access;JJA
All required sight triangles; lJA
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; ~ce. S" lM....l<.V
Location of all street rights-of-way within and adjacent to the/site; >et!.,~I.().Jb./
Location of existing public and private utilities, including fire hydrants, storm atId sanitary sewer lines, manholes and lift stations, gas
and water lines;
All parking spaces, driveways, loading areas and vehicular use areas; /JA
Depiction by shading or crosshatching of all required parking lot interior landscaped areas;
Location of all refuse collection facilities and all required screening (min. 10'x12' clear space);
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: /JA
Land area in square feet and acres;
Number of dwelling units proposed;
Gross floor area devoted to each use;
Parking spaces: total number, presented in tabular form with the number of required spaces;
Total paved area, including all paved parking spaces and driveways, expressed in square feet and percentage of the paved vehicular area;
Size and species of all landscape material;
Official records book and page numbers of all existing utility easement;
Building and structure heights
Impermeable surface ratio (LS.R); and
Floor area ratio (FAR) for all nonresidential uses.
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o REDUCED SITE PLAN to scale (8 Yo X 11) and color rendering if possible;
o FOR DEVELOPMENTS OVER ONE ACRE, provide the following additional information on site Plan:PA
One-foot contours or spot elevations on site;
Offsite elevations if required to evaluate the proposed stormwater management for the parcel;
All open space areas;
Location of all earth or water retaining walls and earth berms;
Lot lines and building lines (dimensioned);
Streets and drives (dimensioned);
Building and structural setbacks (dimensioned);
Structural overhangs;
Tree Inventory; prepared by a "certified arborist", of all trees 8" DBH or greater, reflecting size, canopy (drip lines) and condition of such trees.
Page 3 of 6 - Flexible Development Application - City of Clearwater
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G. STORM
4-202.A.
0 STOR
- Existin
- Propo
- Alladj
- Propo
- Storm
- Signat
~ COpy
(SW
0 COpy
H. LANDSC
0 LAND
- Allexi
- Name
- Drain
- Deline
- Sight
- Deline
- Propo
- Existi
- Locati
comm
- Typi
prote
- I nte rio
perce
- Condi
- Irrigati
0 REDU
0 IRRIG
0 COM
I. BUILDIN
Required i
of a Comp
0 BUILDING
0 REDUCED
possible) a
J. SIGNAG
0 Comprehe
0 Reduced s
K. TRAFFI
0 Include as
Trip gener
C of the C
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WATER PLAN SUBMITTAL REQUIREMENTS: (City of Clearwater Design Criteria Manual and
21)
MWATER PLAN including the following requirements: /JA
g topography extending 50 feet beyond all property lines;
sed grading including finished floor elevations of all structures;
acent streets and municipal storm systems;
sed stormwater detention/retention area including top of bank, toe of slope and outlet control structure;
water calculations for attenuation and water quality;
ure of Florida registered Professional Engineer on all plans and calculations
OF PERMIT INQUIRY LETTER OR SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT (SWFV)IMD~PERMIT SUBMITTAL
FWMD approval is required prior to issuance of City Building Permit), if applicable f pG P po li <. (00 L"", b-M
OF STATE AND COUNTY STORMWATER SYSTEM TIE-IN PERMIT APPLICATIONS, if applicable
APING PLAN SUBMITTAL REQUIREMENTS: (Section 4-1102.A)PA
SCAPE PLAN:
sting and proposed structures;
s of abutting streets;
age and retention areas including swales, side slopes and bottom elevations;
ation and dimensions of all required perimeter landscape buffers;
visibility triangles;
ation and dimensions of all parking areas including landscaping islands and curbing;
sed and required parking spaces;
ng trees on-site and immediately adjacent to the site, by species, size and locations, including dripline;
on, size, description, specifications and quantities of all existing and proposed landscape materials, including botanical and
on names;
cal planting details for trees, palms, shrubs and ground cover plants including instructions, soil mixes, backfilling, mulching and
ctive measures;
r landscaping areas hatched and/or shaded and labeled and interior landscape coverage, expressing in both square feet and
ntage covered;
tions of a previous development approval (e.g. conditions imposed by the Community Development Board);
on notes.
CEO LANDSCAPE PLAN to scale (8 % X 11) (color rendering if possible);
ATION PLAN (required for level two and three approval);
PREHENSIVE LANDSCAPE PROGRAM application, as applicable.
G ELEVATION PLAN SUBMITTAL REQUIREMENTS: (Section 4-202.A.23).vA
n the event the application includes a development where design standards are in issue (e.g. Tourist and Downtown Districts) or as part
rehensive Infill Redevelopment Project or a Residential I nfi II Project.
ELEVATION DRAWINGS - all sides of all buildings including height dimensions, colors and materials;
BUILDING ELEVATIONS - four sides of building with colors and materials to scale (8 % X 11) (black and white and color rendering, if
s required.
E: (Division 19. SIGNS I Section 3-1806) PA
nsive Sign Program application, as applicable (separate application and fee required).
ignage proposal (8 Y. X 11) (color), if submitting Comprehensive Sign Program application.
C IMPACT STUDY: (Section 4-801.C) vA.
required if proposed development will degrade the acceptable level of service for any roadway as adopted in the Comprehensive Plan.
ation shall be based on the most recent edition of the Institute of Transportation Engineer's Trip General Manual. Refer to Section 4-801
ommunity Development Code for exceptions to this requirement.
Page 4 of 6 - Flexible Development Application - City of Clearwater
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L. f SIGNATURE:
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I. the undersigned, acknowledge that all representations made in this
application are true and a te to the best of my knowledge and
authorize City repres ta i e t visit and photograph the property
described in is Ii i n.
STATE OF FLORIDA, COUNTY OF PINELLAS
~orn to and subscribed before me this 11- day of
U ~A.D. 20~ to me and/or by
~ . who is personally known has
prod \ ~ as
identification.
~.:. ~~
Not.oy~, ~ VlrgJJl18 loU~
My commission ~I"G" \": ,,:~Co~on II CC 951863
;~:.. .l~S ExpJrell Ana. 14,2004
~~1''''' ~~ Bonded Thru
"",9,~I'~\\\" A1Iant:Ie Baod\Ila Co. IDe.
Page 5 of 6 - Flexible Development Application - City of Clearwater
M. AFFIDAVIT TO AUTHORIZE AGENT:
:Qe~-.1AkV~~Di~f~
s of all property owners) ,
ItK.BAHL. ~ J..k~JJL
1.
That (I a~...} the .~ liIIe h._.) of Ihe feD"''''' ...orihed ""''''. (address or gene. rallocation):
6~- ~1.) BLvJ. C~"nL4.-~~7
2.
That this property constitutes the property for which a request for a: (describe request)
==taof\/ SLiPS
3. That the undersigne
as (hisltheir) agent(s) to execute any petitions or other documents necessary to affect such petition;
4. That this affidavit has been executed to induce the City of Clearwater, Florida to consider and act on the above described property;
5. That site visits to the property are necessary by City representatives in order to process this application and the owner authorizes City
representatives to vis~ and photograph the property described in this application;
\
Property OWner
Property Owner
STATE OF FLORIDA,
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12-..-
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That (1-.), the undersigned authority, hereby certify that the foregoing is true and correct.
COUNTY OF PlNaLAS
Before me the undersigned, an officer duly commissioned by the laws of the State of Florida, on this
~~ ,?oo~ personally appeared '"5. '(:... I..(~>(L\--L-
Deposes and says that he/. fully understands the contents of the affidavit that he/_sig~.
. ,"""'" ~~( C~.L/\)-lca--
/jf!fM!J,:;:"~ Susan C Andrikut
::(-.A;""f:~ MY COMMISSION # C069069 EXPIRE~ Notary Public +-
".;'~'$" August 20, 2002 I~ I\.... ( <. ((>>-; \
"{.9f..1~~" BONDED THRU TROY FAIN INSURANG. iN'. ~I...-I.--~ <L.f'- C v-" ~c.-
day of
who having been first duly swom
~
My Commission Expires:
S:\Aannlng DepartmentlApp/icallon Formsldevelopment reviewlf/exible development application. doc
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ENGINEERING ASSOCIATES, INC. . ,
Civil Engineering
Transportation Planning & Engineering
Environmental Engineering
Land Planning
Ecological Services
Surveying & Mapping
Construction Management
GiS Mapping
4921 Memorial Highway
One Memorial Center
Suite 300
Tampa, Florida 33634
Phone 813 . 880 . 8881
Fax 813 . 880 . 8882
www.kingengineering.com
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June 20, 2002
Mrs. Cindy Tarapani, Planning Director
City of Clearwater
100 S. Myrtle Avenue
Clearwater, Florida 33756
Re: Stonecrafters, Inc. - Revised Application for Comprehensive Infill Development
Approval
Dear Mrs. Tarapani:
Enclosed please find a revised application for Comprehensive Infill Development
Approval for Stonecrafters, Inc, located at 603 S. Missouri Avenue, Clearwater. This
material was reviewed by the DRC on June 13, 2002 and has been revised to reflect their
comments. In addition, please refer to our letter to Ms. Lisa Fierce of May 30, 2002.
That letter and the attachments provide supplemental information on the characteristics
of site operation.
The following materials are enclosed with an original and 15 copies:
Revised application form;
Site survey
Site Plan, 24" x 30"
Site Plan 8 !/2" x 11"
Landscape Plan 24" x 30".
Building elevations 24" x 30"
King Engineering Associates, Inc. (King) is the representative in this matter for the
owner, Dennis Melucci. Please contact me with any additional information needs or
concerns regarding this submittal. I understand that this item will be considered by the
Community Development Board on July 23,2002.
Sincerely,
~-CPapa~'
Chris Papandreas
Project Manager/Sr. Planner
CP/jab
Enclosures
cc:
Mike Sofarelli, Sofarelli & Associates Architecture, Inc.
Dennis Mellucci, Stonecrafters, Inc.
File 1842-000-000
O:\ADMIN\2002\Projects\1842-000-000\Letters\ Tarapani02.CP.doc
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JUN 2 0 2CD2
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Environmental Analysis & Permittin2, Inc.
Ecologists · Environmental Scientists
299 Ninth Street No.
Telephone: (727) 894-4643 Fax: (727) 822-2919 St. Petersburg, FL 33701
Transmittal
I Attention: John Schodtler I Date:6-12-02
I To: City of Clearwater Plannin~ Department
I 100 S Myrtle
I Clearwater FI 33756
I
I Re~ardin~: Flexible Commercial FLD 2002 06016 Howard Johsons Clearwater
I
I Job No.:
Weare Sending You
LJ Shop Drawings
LJ Copy of letter
~ Attached
~ Prints
~ Change Order
I
~ Plans
~ Electronic Media
I Under Separate Cover via
~ Specifications
~ Other
the following:
~ Samples
~
Number
Date
Description
These are transmitted as checked below:
~ For Approval ~ Approved as submitted
~ For your use ~ Approved as noted
~ As Requested ~ Returned for corrections
~ For review/comment ~ Other
~ For bids due 19_
~ Resubmit
L-.J Submit
~ Return
copies for approval
copies for distribution
corrected prints
~ Prints returned after loan to us
I Comments
I
I
I
I Copy to
I Signed:
If enclosures are not as noted please notify us at once.
G. Jeffery Churchill
.
EAp
Environmental ·
Analysis & Permit.!ing, Inc.
Ecologists. Environme ,dI)S ie~#5t~r,~ !~; ! 1-';'~~'f'''''~"1
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11 June, 2002
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Planning Department
City of Clearwater
100 South Myrtle Avenue
Clearwater, fl, 33756
Re: Howard Johnsons Clearwater Beach
Proposed Dock
Dear Planner,
~
Enclosed please found our package for a proposed dock in association with an
existing motel. It includes an original and eleven copies of each of the submittal
requirements with the exception of the check. Our package includes
1) Check for $ 1205.00,
2) Completed application form,
3) Survey of the upland property (one original signed and sealed),
4) Narrative describing project in relation to Section 3-601 of standards,
5) Site plan (PCWNA exhibits, one signed and sealed),
6) Photographs of the proposed project site,
7) Copy of FDEP Notice of Intent,
8) Copy of ACOE permit, and
9) Copy of Warrantee Deed and Title commitment.
10) Submerged land legal and sketch
We would be happy to meet any staff on site to review the project. We trust that this will
allow the City staff to review our project and make a positive recommendation to the
Community Development Board.
299 Ninth Street North, St. Petersburg, FL 33731-0683 (813)894-4643 FAX(813)822-2919
.
.
If you have any questions about the project please call. We look forward to working
with you to move the project forward.
Sincerely,
ENVIRONMENTAL ANALYSIS
AND PERMITTING, I
G. Jeffery Churchill
President
Cc - file 01610073, Louis Venta
GJClbms
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Compliance with Section 3-601 Community Development Code
a. Use and compatibility
i) The proposed dock is intended for use by guests of the existing 36 unit hotel. It is
intended to provide an additional amenity for hotel quests, allowing them to bring
their boat on vacation and enjoy the waters of Clearwater Harbor and the nearby
Gulf of Mexico. The availability of dockage at the hotel, rather than maintaining a
boat on a trailer or at a nearby marina will contribute to the comfort and convenience
of the hotel quests.
ii) Virtually all other hotels in the vicinity of the Howard Johnson's on Clearwater
Beach have docks. In most cases the other docks extend from property line to
property line, as is the case with the existing adjacent properties (both east and west).
This proposed project has docks in the center portion of the property with set backs
from both the east and west property lines. In this sense it is smaller in scale.
The size of the slips proposed in this project is similar to the others which occur in
the area. The dock extends slightly farther offshore than some docks due to the
desire to avoid impacts to seagrasses, however some area docks extend farther
offshore. It is the minimum necessary to avoid the seagrasses. Due to the overall
width of the waterway this should not present any navigational hazard.
iii) The dock pattern is similar to others in the area. Most all docks are oriented
perpendicular to the existing seawalls.
b. Impacts on existing water recreation activities.
The proposed project should not substantially effect existing water recreational
activities. Due to the existing docks located to either side of the proposed project,
current use of the proposed project area is not safe. The proposed project will form a
more uniform "water frontage" for the Howard Johnson and the adjacent properties
which may be safer than the irregular "water frontage" that currently exist.
In addition, the proposed boat slips will offer additional opportunity for quests to
enjoy water recreation activities that does not currently exist. The project which
occupies less than 0.24 acres should not have any adverse impact on water recreation
activities.
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c. Impacts on navigation.
The propose project is located on a waterway that is over XXX feet in width, the
project itself extends only~t out from the existing seawall. The open channel
area remaining is over 650 fee,.0n width. Therefore the project should not have any
adverse effect on navigation0 I c~ 7 Cl ../
d. Impacts on marine environment.
i) The design of the docks takes into account the presence of seagrass. In fact the
dock design makes it difficult for watercraft (from any location) to access the
grassbeds that are located between the proposed docks and the existing seawall. The
proposed docks have deep water access to Clearwater Harbor, the Intracoastal
Waterway, and the Gulf of Mexico. Therefore there should be no injury to aquatic
resources of seagrass beds due to the project.
ii) The project design has included consideration of the presence of marine
resources. The east end of the facility is sited to the north approximately 30 feet in
order to avoid impacts to an existing seagrass bed. In addition, the project includes
the use of riprap to provide additional cover for fishes within the immediate vicinity
of the project. Along with the dock structure itself, the riprap, and preservation of
the seagrasses the project should have a positive impact on the marine resources in
the area of the site.
e. Impact on water quality
i) The proposed project is located sufficiently off the existing seawall so that the
depth within the proposed area of the boat slips is a minimum of -4.0 feet MLW,
and generally -8.0 feet ML W. This is sufficient depth to avoid any prop dredging
by the vessels using the facility. Depths in the waterway adjacent to the proposed
docks are approximately 14 feet. The basin where the docks are proposed is wide
open, located near Clearwater Pass and is expected to have good tidal circulation as
well as good wind driven circulation. FDEP has previously reviewed hydrographic
studies for marinas within the basin and determined that flushing was adequate.
ii) Existing water quality within the area of the proposed project is generally good,
although some metals (Copper) currently exceed state standards. Due to the existing
copper problems, the proposed docks will not use CCA piles (FDEP permit
condition). By doing so the project will not contribute further to the existing
problem. The proposed project will not include any additional storm drainage, and
no source of pollutants is proposed.
f. Impact on natural resources
i) See response to d. above.
.
.
ii) The habitats within the area of the proposed docks are all common within the
vicinity of the project area. They include primarily soft bottom benthic
communities, with scattered hard bottom communities found on seawalls, rip rap,
and concrete debris which at some time in the past was deposited into the waterway.
In addition a small seagrass bed occurs adjacent to the project.
The proposed project should have little or no impact on the soft bottom benthic
communities. A temporary disturbance may occur due to the placement of piles, but
benthic communities recover quickly in a matter of days. The project has considered
the presence of the seagrass beds in the design and has avoided any impacts to these
areas either due to the structure or to shading by the structure. The inclusion or
riprap and the pilings should increase the amount of hard bottom community in the
vicinity of the project.
g. Impacts on wetlands/uplands
The proposed project is associate with an existing upland development. The upland
development is seawalled and no littoral wetland vegetation occurs at the site. Due
to the lack of existing wetland or upland habitat, the proposed project is not expected
to have an adverse impact to these communities.
h. Dimensional standards
i) The overall width of the property at the waterfront is 245.9 feet. It is setback from
the eastern property line by 40 feet and from the western property line by 25 feet.
Both adjacent properties are zoned commercial. Therefore the setbacks exceed the
minimum 10% specified in the standards.
ii) The docks extend out from the shoreline a maximum 85 feet to the outer tie piles,
70 feet to the outermost dock. The waterway width is approximately 750 feet and
the property width is 245.9 feet. Therefore the dock extends less than 75% of the
property width and less than 10% of the waterway width and is in compliance with
the standards.
iii) The structure width is 180 feet and the property width is 245.9 feet. Therefore
the structure occupies 73% of the water frontage and is in compliance with the
standards.
iv) NA, No cover boat slips are proposed.
v) No deviations from the requirements of this section are proposed.
----r
.
.
. Direcl all correspondence to:
Clerk. Water end Navlgal10n
control Authority
3'5 Court street
Clearwater, FL 346'6
Appicalion 41
(OFFICIAL USE ONlY)
C01\1MERClAL A1\TJJ ~TI-USE DOCK PERMIT APP ,
PINELLAS coUNTY WATER AND NAVIGATION CONTRO~ R-
I';
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JUN 2 0 2CD2 I
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Plrase tJ'pe, or handprint in BLACK inn
I, PROPERTY' oWNER INFORMATION:
....--......_--".^'~~ _.....,~;~-_...--.
A. Applicant's Name:
Howard Johnson's Hotel
City:
656 Rnywny Blvd.
Clearwater
State: Fl.
Zip: 34630
B. Mailing Address:
C. Telephone No.(s): 727-442-6606
n. AGENT INFORMATION:
A. Name: G.J. Churchill Environmental Anal sis & perrnittin
B. Address: P.o. Box 06R~
City: _ St. Peter~burg
C. Telephone No.(s): 727-894-4643
Slate: ]'1.
Zip: 33731
'l
Ill. SITE INFORMATION:
A. Construction Sile Address: 656 Bayway Blvd.
City: _Clearwater, Fl. 34630
B. lntended Use: _ Docks for guests
c: Parcel ID Number: 17 I 29 I 15 105004
I 001 l 01 SO
D. Incorporated: KJ Unincorporated: 0
E. Affected waterbody: Unnamed Bayou off Clenrwnt-pr H;=lrhrtr
. F. Previous PermitS: - Unknown
G. Date applicant assumed property ownership: 2/2000
H. Obstructions: (dogs, fences, etc.) N/A
month/year
J. All other information pursuant to P.C.O. 90.19 (amended), Section 10.9. as needed.
1. Attach 8-1/2" X II" vicinity map showing specific project location. Attached'
K. Does the proJect abut residentially z.oned property?
Yes 0
No rn
L. For projects requiring 8 public hearing, attach a copy oUhe complete legal desc:ription. See survey
O../W0/.,t/EN\lMCIAIITICDIlI&1lI1 S1lL"J4
.
.
AppKcation "
(OFFICIAL USE ONLY)
IY. PROJECT DESCRIPTION:
MULTI-USE 0
COMMERCIAL 1!9
A. Nature'and Si"L~ of Project: 1531 s<J foot dock with 2-50'x16' slips:
2-50'x18' slips: 1-45'x16' slip: 4-45'x14' slips:
Square feet: ll:)~l Rq feet
B. Variance: Yes 0 No ~
Amount in variance: Length:
Setbacks: L 25'
I Width:
" R 40'
Other:
NOTE: It is the applicant's responsibility to clearly demonstrate that any requested variances
are consistent with the variance criteria of the Pinellas COUDty Water and Navigation Control
Authority Regulations. The applicant must submit a written variance request outlining the
nature of and need for anyv8riances. The applicant must demonstrate that a literal enforcement
of the regulations would result in an extreme hardship due to the unique nature of the project
and t.he applicant's property. The hardship must not be created by aclion(ti) of the property
owner(s). The granting of the variance must be in harmony with the gllnersl int.ent of the
regulatio.ns and not infringe upon the property rights of others. The variance requested must
be the minimum possible to allow for the reasonable use of the applicant's property. Should
the applicant fail to delnonstrate that anyvarilmce request is consistent with the criteria outlined
. in the regulations, staff cannot recommend approval of the application.
V. CONTRACTOR INFORMATION:
..
I, Not vet selected , a cerlified contractor,
state that the dock has not been constructed and that it will be built in compliance with all
requirements and standards set forth in the "Rules aDd Regulations" of .the Pinellas County
Water and Navigation Control Authority, and in accordance with the attached drawings which
accurately represent all the information required to be furnished, In the event thallhis dock
is not built in accordance with the permit or the informa.tion furnished is not correct, I agree
to either remOve the dock or correct the deficiency,
Signed:
Cert. No,:
. Company Name:
Telephone ND.:
Address:
VI. OWNERtS SIGNATURE:
..
I hereby apply for a permit to do the above work and state that the same will be done according
to the map or plan attached hereto and made a part hereof, and agree to abide .by the "Rules
and Regulations" of the Pinellas County Water and Navigation Cont.rol Authority for such
construction and, if said construction is within the corporate limiti5 of a municipality, to first
secure approval from said municipality,.! further state that said construction,will be maintained
in a safe condition at all times, should this application be approved, that I am the legal owner
of the upland from which I herein .propose to construct. the improvements, and that the above
stated agent/contractor may Bct as my representative. I understand that 1, not Pinellas Cuunty,
am responsible for the accuracy of the information provided as part of this application imd
that it is my responsibility to obtain any necessary permits and approvals applicable for the
proposed activities on either private or sovereign owned submerged land. .
5~~~~' K.~ 416:-
/ ' Date I Legal Owner's Signature
.
.
Application 1#
(OFFICIAL USE ONLY)
DISCLOSURE FORM
In order to allevi~te any potential conflict of inleresl with. Pinellas County staH, II is required that the Aulhorily
be. provided with. a listing c:>f PERSONS being party to a trust, corporation, or partnership, as well as anyone
who may have beneficial Interest in the application which would be aHected by any decision rendered by the
Authority, (Anach additional sheets if necessary.)
A. PROPERTY oWNERS:
Name: Clearwater Hopsitalitv Inc.
Address: 6~6 Baywav
Clearwater, Fl. 337n7
Name:
Address:
Nllme:
Address:
Name:
Address:
B. REPRESENTATIVES:
Name: A.K. Bahl
Address: 656 Bavway
Clearwater, Fl. 336767
Name: J .K. Bahl
Address: n!:)n Rrtyway
Clearwater, Fl. 33767
..
Nllllle:
Addrus:'
Name:
Addrells:
C. OTHER PERSONS HA VlNG OWNERSHIP INTEREST IN THE SUBJECT PROPERTY:
Interest is: contingent 0 absoluto 0
Name: N/A
specific interest held
D. DOES A CONTRACT FOR SALE EXIST FOR THE SUBJECT PROPERTY?
If 60, tbe c~ntracl is: contingent 0 nbsolute 0
Name ofpBrties to the contract: N/A
YES 0 NO 0
E. DOES AN OPTION TO PURCHASE EXIST FOR THE SUBJECT PROPERTY? YES 0 NO 0
Name or parties to the option: N/A
F. OWNER'S SIGNATURE:
1 hereby certify that the informat.ion stated above, i5 complete, accurale, and tru~\o t.he best or my
koow)edl:e.
X^~l A~
Date
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Permittee: A.K. Ball
FDEP File No. 52-01715733-001
Page 1 of DRAFT
_._.._---_....._:.~._"', "
.ll
"
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I
DRAFT SPECIFIC CONDITIONS:
,,--.---,.._. ~_. M_.,........_ ......
1. The permittee shall notify the Department in writing at least 48 hours prior to commencing the
work authorized in this permit (see General Condition #11).
2. Submittals required herein shall be directed to:
Department of Environmental Protection
Environmental Administrator
Environmental Resource Management Program
Southwest District
3804 Coconut Palm Dr.
Tampa, FL 33619
hereafter referred to as "the Department". Submittals include, but are not limited to, record drawings,
progress reports, mitigation monitoring reports and water quality monitoring reports.
Submittals shall include the permittee's name and permit number.
3. The permittee shall be aware of and operate under #1 through #25 of the attached
"GeneraVLimiting Conditions for Environmental Standard General and Individual Permits".
GeneraVLimiting Permit Conditions are binding upon the permittee and enforceable pursuant to Chapter
403 of the Florida Statutes.
4. The permittee is hereby advised that Florida law states: "No person shall commence any
excavation, construction, or other activity involving the use of sovereign or other lands of the state, title to
which is vested in the Board of Trustees of the Internal Improvement Trust Fund or the Department of
Environmental Protection under Chapter 253, until such person has received from the Board of Trustees of
the Internal Improvement Trust Fund the required lease, license, easement, or other form of consent
authorizing the proposed use." Pursuant to Rule 18-14.002( 1), Florida Administrative Code, if such work
is done without consent, or if a person otherwise damages state land or products of state land, the Board of
Trustees may levy administrative fines of up to $10,000 per offense.
5. The structure/work authorized by this permit shall not be placed/conducted on any property, other
than that owned by the permittee, without the prior written approval of that property owner.
6. The permittee shall notify the Department in writing within 14 days of change in agents
designated in the approved permit application.
7. If the approved permit, drawings and the Specific Conditions contradict each other, then the
Specific Conditions shall prevail.
8. Progress reports for the project shall be submitted to the Department beginning July 1,2001, and
shall continue to be submitted on a semi-annual basis until permitted construction of the permitted project
and mitigation creation is completed. The cover page shall indicate the permit number, project name and
the permittee name. Progress reports must be submitted to the Department if there is no ongoing
. . construction. Reports shall include the current project status and the construction schedule for the
following six months.
The report shall include the following information:
a. Date permitted activity was begun; if work has not begun on- site, please
indicate.
This staff assessment is preliminary and is designed to assist in the review of the application prior to final agency
action. The comments provided herein are not the final position of the department and may be subject to revision
pursuant to additional information and further review.
.. ~ .'
/
,-
Permittee: A.K. Ball
FDEP File No. 52-01715733-001
Page 2 of DRAFT
.
.
b. Brief description and extent of the work (i.e., dredge, fill, monitoring,
mitigation, management, maintenance) completed since the previous report or since the
permit was issued. Show on copies of the permit drawings those areas where work has
been completed.
c. Brief description and extent of the work (i.e. dredge, fill, monitoring, mitigation,
management, maintenance) anticipated in the next six months. Indicate on copies of the
permit drawings those areas where it is anticipated that work will be done.
d. The progress of the permitted mitigation program. The reports shall include;
photographs taken from the permanent stations, some of which must be in the vegetation
sampling areas, a description of problems encountered and solutions undertaken, and
anticipated work for the next six months.
e. This report shall include on the first page, just below the title, the certification of
the following statement by the individual who supervised preparation of the report: "This
report represents a true and accurate description of the activities conducted during the six
month period covered by this report."
9. The permittee is responsible for retaining a professional engineer registered in the State of Florida
to certify the construction of the project is in compliance with the approved permit plans.
10. Drawings, record drawings, land surveys and as-built surveys required herein shall be certified by
a Professional Engineer or Registered Land Surveyor, as appropriate, registered in the State of Florida.
11. The permittee shall submit two copies of signed, dated and sealed as-built drawings to the
Department within 30 days of completion of construction. The as-built drawings shall be based on the
Department permitted construction drawings which should be revised to reflect changes made during
construction. Both the original design and constructed elevation must be clearly shown. The plans must be
clearly labeled as "as-built" or "record" drawings. Surveyed dimensions and elevations required shall be
verified and signed, dated and sealed by a Florida registered surveyor or engineer.
The following information shall be verified on the as-built drawings:
Plan View/Cross-Section
Plan
Page Number
12. The permittee shall submit to the Department a certification by the Engineer of Record, Florida
registered surveyor, or Florida licensed contractor, on his/her letterhead, stating: "I hereby certify the works
permitted by the Department in this Environmental Resource permit have been built in accordance with the
approved plans and specifications and substantial deviation (noted below) will not prevent the system from
functioning in compliance with this permit. These determinations have been based upon on-site
observations of construction, scheduled and conducted by me or by a project representative under my direct
supervision" within 30 days upon completion of construction. This certification will be submitted with the
Record Drawings.
13. Storage or stockpiling of tools, materials (i.e., lumber, pilings, debris.) within wetlands, along the
shoreline within the littoral zone or elsewhere within waters of the state unless specifically approved in the
permit is not allowed. Cleared vegetation, excess lumber, scrap wood, trash, garbage and any other type of
debris shall be removed from wetlands/waters of the state within 14 days of completion of the work
authorized in this permit.
This staff assessment is preliminary and is designed to assist in the review of the application prior to final agency
action. The comments provided herein are not the final position of the department and may be subject to revision
pursuant to additional information and further review.
Permittee: A.K. Ball
FDEP File No. 52-01715733-001
Page 3 of DRAFT
.
.
14. Areas of exposed soils shall be isolated from surface waters and wetlands of the State to prevent
erosion and deposition of these soils into State waters during permitted activities.
15. Best management practices for erosion control shall be implemented and maintained at all times
during construction to prevent siltation and turbid discharges in excess of the ambient turbidi~ levels of the
surrounding Outstanding Florida Waters. Methods shall include, but are not limited to the use of staked
hay bales, staked filter cloth, sodding, seeding, and mulching; staged construction; and the installation of
turbidity screens around the immediate project site.
The permittee shall be responsible for ensuring erosion control devices/procedures are inspected
and maintained daily during all phases of construction authorized by this permit until areas disturbed during
construction are sufficiently stabilized to prevent erosion, siltation, and turbid discharges.
The following measures shall be taken immediately by the permittee when turbidity levels within
waters of the State surrounding the project site, exceed the ambient water quality levels of the Outstanding
Florida Waters:
a. Immediately cease work contributing to the water quality violation.
b. Stabilize exposed soils contributing to the violation. Modify the work
procedures responsible for the violation, install additional turbidity containment devices
and repair non-functioning turbidity containment devices.
c. Notify the Department within 24 hours of the time the violation is first detected.
16. Wetland areas or water bodies which are outside the specific limits of construction authorized by
this permit must be protected from erosion, siltation, scouring and/or dewatering. There shall be no
discharge in violation of the water quality standards in Chapter 62-302, Florida Administrative Code.
Turbidity/erosion controls shall be installed prior to clearing, excavation or placement offill material, shall
be maintained until construction is completed, disturbed areas are stabilized, and turbidity levels have
fallen to less than ambient background.
The turbidity and erosion control devices shall be removed within 14 days once these conditions are met.
17. Best management practices for erosion and turbidity control shall be implemented and maintained
at all times during construction to prevent siltation and turbid discharges in excess of background levels of
the surrounding Outstanding Florida Waters.
18. A floating turbidity apron/curtain shall be installed around the construction area and will remain in
place until pilings have been installed and turbidity levels within the work area have returned to
background levels prior to construction of the dock.
19. The following measures shall be taken immediately by the permittee when turbidity levels within
waters of the State surrounding the project site, exceed background conditions:
a. Immediately cease work contributing to the water quality violation.
b. Stabilize exposed soils contributing to the violation. Modify the work
procedures responsible for the violation, install additional turbidity containment devices
and repair non-functioning turbidity containment devices.
c. Notify the Department within 24 hours of the time the violation is first detected.
This staff assessment is preliminary and is designed to assist in the review of the application prior to final agency
action. The comments provided herein are not the final position of the department and may be subject to revision
pursuant to additional information and further review.
Permittee: A.K. Ball .
FDEP File No. 52-01715733-001
Page 4 of DRAFT
.
20. Damage to wetlands or the littoral zone as a result of the pier or dock construction shall be
corrected by restoring pre-construction elevations and planting vegetation of the size, densities and species
that existed in the adjacent areas. The restoration shall be completed and the Department notified within 30
days of construction completion.
21. Overboard discharges of trash, human or animal waste, or fuel shall not occur at the dock.
22. Watercraft associated with the construction of the permitted structure shall operate within waters
of sufficient depth to preclude bottom scouring/prop dredging.
23. There shall be a minimum 12-inch clearance between the deepest draft of the vessel (with the
motor in the down position) and the top of submerged resources at mean low water.
24. Fish cleaning stations, boat repair facilities and fueling facilities on structures over the water are
not allowed.
25. The slips shall not be occupied by liveaboards. A liveaboard is defined as a boat inhabited by a
person or persons for any 4 nights within a 30-day period. Inclusion of liveaboard slips will require a
modification to the permit.
26. This permit does not authorize the construction of additional structures not illustrated on the
permit drawings. Examples of additional structures which are not authorized by this permit include but are
not limited to walkways, doors, awnings, and decking around or under the bottom of the pile-supported
structures. Storage of equipment, pesticides, herbicides, construction material, trash receptacles, or part of
a septic tank system beneath the pile-supported structure, unless specifically authorized in the permit
drawings, is prohibited.
27. The dock walkway may be reduced in width and/or the terminal structures reconfigured or reduced
in size in order to comply with the requirements of the U.S. Army Corps of Engineers or other regulatory
agency, however, the overall square footage of the structure shall not exceed that authorized by this permit,
and the overall length of the structure shall not be altered. Revised drawings shall be submitted to the
Southwest District Office indicating any changes requested by the above agencies, within 7 days after
receiving approval from the requesting agency.
28. I n order to enhance marine habitat values at the project site, the permittee shall install limestone
boulders under the 16' x 16' platform as indicated in the approved project drawings. The limestone shall
be installed prior to the facility becoming operational.
29. Due to elevated levels of certain metals in the water adjacent to the project site, all pilings shall be
concrete, plastic, or plastic coated timber. Pilings treated with a preservative shall be prohibited. Pilings
which have to be replaced during the life of the facility shall meet the requirements of this condition.
30. The permittee shall be required to supply boat lifts on three of the ten permitted slips as indicated
in the approved plan view drawings. This condition is intended to address the potential introduction of
copper into the water column from anti-fouling bottom paints because on-site copper levels currently
exceed the State Standard listed in Section 62-302.560(14), F.A.C., 1998 ed. No occupation of a slip
leased to a permanently moored vessel can occur without the completed construction of a boat lift.
31. The authorized facility shall have a maximum of 10 slips.
This staff assessment is preliminary and is designed to assist in the review of the application prior to final agency
action. The comments provided herein are not the final position of the department and may be subject to revision
pursuant to additional information and further review.
Permittee: A.K. Ball
FDEP File No. 52-01715733-001
Page 5 of DRAFT
.
.
32. The Bureau of Protected Species Management in the office of Environmental Services of the
Florida Fish and Wildlife Conservation Commission has reviewed the project and considers the following
requirements as necessary in order for this facility to not significantly affect the conservation of wildlife:
I. The permittee/grantee/lessee shall ensure that:
A. The lessee/grantee/contractor shall instruct personnel associated with the project of the
potential presence of manatees and the need to avoid collisions with manatees. The
lessee/grantee/contractor are responsible for observing water-related activities for the
presence ofmanatee(s), and shall implement appropriate precautions to ensure protection of
the manatee(s).
B. The lessee/grantee/contractor is advised of civil and criminal penalties for harming, harassing,
or killing manatees which are protected under the Marine Mammal Protection Act of 1972,
the Endangered Species Act of 1973, and the Florida Manatee Sanctuary Act. The
lessee/grantee/contractor may be held responsible for any manatee harmed, harassed, or killed
as a result of neglect or intentional activities related to construction/dredging.
C. The prime contractor involved in the construction activities shall construct and display at least
two temporary signs (placards) concerning manatees prior to commencement of construction.
Signs are to be removed by the permittee upon completion of the construction project.
D. A sign measuring at least 8 1/2" x 11" which reads "Caution: Manatee Habitat. Idle Speed is
Required If Operating A Vessel In The Construction Area" will be placed at vessel control
stations or in a prominent location visible to employees operating the vessels (example
enclosed). A second sign (at least 8 Y2" x 11 ") reading "Caution: Manatee Habitat.
Equipment Must Be Shutdown Immediately If A Manatee Comes Within 50 Feet of
Operation" will be placed at dredge operator control stations and also be prominently located
adjacent to the displayed issued construction permit (example enclosed).
E. Temporary signs concerning manatees shall be posted prior to and during all
construction/dredging activities. Signs are to be removed by the lessee/grantee upon
completion of the project. A sign measuring at least 3 ft. by 4 ft. which reads "Caution:
Manatee Area" will be posted in a location prominently visible to water related construction
crews. A second sign should be posted if vessels are associated with the construction, and
should be placed visible to the vessel operator. The second sign should be at least 8 1/2" by
11" which reads Caution: Manatee Habitat. Idle speed is required if operating a vessel in the
construction area. All equipment must be shutdown if a manatee comes within 50 feet of
operation. A collision with and/or injury to a manatee shall be reported immediately to the
Florida Marine Patrol at 1-800-DIAL FMP (1-800-342-5367). The U.S. Fish and Wildlife
Service should also be contacted in Jacksonville (904-232-2580) for north Florida or in Vero
Beach (407-562-3909) for south Florida.
F. A sign measuring at least 3' x 4' which reads "Caution: Manatee Area" will be posted on shore
in a location prominently visible to land based, water-related construction crews (can be
obtained from the sign suppliers) if a vessel is not utilized for the work project. A second sign
(at least 8 W' x 11 ") reading "Caution: Manatee Habitat. Equipment Must Be Shutdown
Immediately If A Manatee Come Within 50 Feet of Operation" will be placed at all dredge
operator control stations and also be located prominently adjacent to the displayed issued
construction permit (example enclosed).
G. The contractor shall maintain a log detailing sightings, collisions, or injuries to manatees if
they occur during the contract period. A report summarizing sightings and incidents sh~ll be
This staff assessment is preliminary and is designed to assist in the review of the application prior to final agency
action. The comments provided herein are not the final position of the department and may be subject to revision
pursuant to additional information and further review.
Permittee: A.K. Ball .
FDEP File No. 52-01715733-001
Page 6 of DRAFf
.
submitted to the Florida Fish and Wildlife Conservation Commission, Bureau of Protected
Species Management 620 S. Meridian St. Tallahassee, Florida 32399-1600 and to the u.S.
Fish and Wildlife Service Office, 6620 South Point Drive South, Suite 310, Jacksonville,
Florida 32216-0912. This report must be submitted annually or following the completion of
the project if the contract period is less than a year. Contact the BPSM at (850) 922-4330 if
there are questions regarding these standard construction conditions.
H. Siltation barriers shall be made of material in which manatees cannot become entangled, are
properly secured, and are monitored at least daily to avoid manatee entrapment. Barriers must
not block manatee entry to or exit from an essential habitat.
I. Vessels associated with the project must operate at "no wake/idle speed" when in construction
areas and when in waters where the draft of the vessel provides less than a four foot clearance
from the bottom. Vessels shall follow routes of deepwater whenever possible.
J. Appropriate precautions shall be implemented to ensure protection of the manatee if seen
within 100 yards of the active daily construction/dredging operation or vessel movement.
These precautions shall include the operation of moving equipment no closer than 50 feet of a
manatee. Operation of equipment closer than 50 feet to a manatee shall necessitate immediate
shutdown of that equipment. Activities will not resume until the manatees has departed the
project area of its own volition
K. Collision with and/or injury to a manatee shall be reported immediately to the Florida Marine
Patrol at 1-800-DIAL FMP (1-800-342-5367) and the U.S. Fish and Wildlife Service,
Jacksonville Office (904)-352-2580 for North Florida and to the Vero Beach Field Office
(407)-562-3909 for South Florida.
II. The permittee/grantee/lessee shall ensure that:
Permittee shall install and maintain a manatee informational display informing the boating
public of the habitat and mannerisms of manatees and the potential threat boats can impose on
the continued existence of the endangered manatee. The display shall contain information
making operators of vessels moored at this facility aware of the danger boats can cause to the
endangered manatee when they are operated above slow speeds in grass flats or areas
shallower then four feet. Permittee agrees to install and replace the signs in the event the
signs fade or become damaged, and maintain these signs for the life of the facility. Permittee
shall install and display signs within 30 days prior to completion of construction. Information
concerning this educational program may be obtained from the Florida Fish and Wildlife
Conservation Commission, Bureau of Protected Species Management, 620 S. Meridian Street,
Tallahassee, FL 32399-1600 (phone 850/922-4330).
32. This permit does NOT constitute Certification of Compliance with State Water Quality Standards
under Section 404 of the Clean Water Act, 33 U.S.C. 1344. Such certification is hereby waived, as the
activity is not expected to meet the water quality standards contained in Chapter 62-302, F.A.C., Section
62-4.242, F.A.C., and Chapters 62-550, 560, F.A.C.
END OF DRAFT SPECIFIC CONDITIONS
This staff assessment is preliminary and is designed to assist in the review of the application prior to final agency
action. The comments provided herein are not the final position of the department and may be subject to revision
pursuant to additional information and further review.
. J
.
.
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DEPARTMENT OF THE ARMY
JACKSONVILLE DISTRICT CORPS OF ENGINEERS
TAMPA REGULATORY OFFICE
P.O, BOX 19247
TAMPA, FLORIDA 33686-9247
November 7,2001
Regulatory Division
West Permits Branch
200002932 (LP- TF)
FOR
BY
Clearwater Hospitality, Inc.
(a.k.a. Howard Johnson Hotel)
c/o Jitinder K. Bahl
656 Bayway
Clearwater, FL 33767
NOV 1 9 2001
ENVIRONMENTAL ANALYSIS
AND PERMITTING, INC,
Dear Mr. Bahl:
This is in reference to your request for a permit to perform work in or affecting navigable
waters of the United States. Upon recommendation of the Chief of Engineers and pursuant to
Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403), you are authorized to
construct a 1,660-sq-ft., 10-slip commercial dock in an un-named bay connected to Clearwater
Pass. The project site is located at the Howard Johnson Hotel, 656 Bayway, Clearwater,
Pinellas County, Florida. (Section 17, Township 29 South, Range 15 East.)
The project shall be carried out in accordance with the below listed special conditions, with
the enclosed drawings dated January 3, 2001 (Attachment A), with the Corps' General
Conditions (Attachment B), and with other attachments, all of which are incorporated in and
made a part of this permit.
Special Conditions
(Also see the enclosed general conditions, Attachment B.)
1. The permittee understands and agrees that if future operations by the United States require
the removal, relocation, or other alteration of the structures or work herein authorized or if, in the
opinion of the Secretary of the Army or his authorized representative, said structure or work
shall cause unreasonable obstruction to the free navigation of the navigable waters, the
permittee will be required, upon due notice from the Corps of Engineers, to remove, relocate, or
alter the structural work or obstructions caused thereby, without expense to the United States.
No claim shall be made against the United States on account of any such removal or alteration.
2. Because West Indian manatees frequent the vicinity of the construction site, the permittee
shall ensure that standard manatee construction conditions are observed and that the
appropriate manatee awareness signs are displayed. The standard construction conditions and
sign specifications contained in Attachment C are part of this permit.
3. Within 30 days after completion of the authorized project, the permittee shall provide as-built
drawings of the authorized project and a completed As~Built Certification Form (Attachment D),
.
.
Clearwater Hospitality, Inc.
(a.k.a. Howard Johnson Hotel)
c/o Jitinder K. Bahl
200002932 (LP- TF)
Page 2
both of which shall be sent to the U.S. Army Corps of Engineers, Enforcement Branch, P. O.
Box 4970, Jacksonville, Florida 32232-0019. Questions regarding this requirement should be
addressed to the Corps' Enforcement Branch at (904) 232-2907.
Enclosed is a Notice of Authorization that should be displayed at the construction site. When
you begin work, you must notify the District Engineer's representative at the appropriate Area
Office as shown on the enclosed map, of:
a. The date of commencement of work;
b. The dates of work suspensions and resumptions if work is suspended over a
week; and,
c. The date of final completion.
If the work authorized is not completed on or before November 7, 2006, this authorization, if
not previously revoked or specifically extended, shall cease and be null and void.
BY AUTHORITY OF THE SECRETARY OF THE ARMY:
C~ A-~~et2
t: James G. May {
Colonel, U.S. Army
District Engineer
Enclosures:
Project Drawings (Attachment A)
General Conditions (Attachment B)
Manatee Conditions (Attachment C)
Self-Certification Form (Attachment D)
Notice of Authorization
Map of District Offices
cc: Jeffery Churchill, EAP, Inc.
..
.
.
Clearwater Hospitality, Inc.
(a.k.a. Howard Johnson Hotel)
c/o Jitinder K. Bahl
200002932 (LP- TF)
Page 3
When the structures or work authorized by this permit are still in existence at the time the
property is transferred, the terms and conditions of this permit will continue to be binding on the
new owner(s) of the property. To validate the transfer of this permit and the associated liabilities
associated with compliance with its terms and conditions, have the transferee sign and date
below.
(TRANSFEREE - SIGNATURE
(DATE)
(NAME-PRINTED)
(ADDRESS)
(LOT/BLOCK NUMBER)
(CITY, STATE, AND ZIP CODE)
When the structures or work authorized by this permit are still in existence at the time the
property is transferred, the terms and conditions of this permit will continue to be binding on the
new owner(s) of the property. To validate the transfer of this permit and the associated liabilities
associated with compliance with its terms and conditions, have the transferee sign and date
below.
(TRANSFEREE - SIGNATURE
(DATE)
(NAME-PRINTED)
(ADDRESS)
(LOT/BLOCK NUMBER)
(CITY, STATE, AND ZIP CODE)
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Project: Clearwater Hospitality, Inc.
(a.k.a. Howard Johnson's Hotel)
USACE File No. 200002932 (LP-TF)
Date: January 3, 2001
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Project: Clearwater Hospitality, Inc.
(a.k.a. Howard Johnson's Hotel)
USACE File No. 200002932 (LP- TF)
Date: January 3, 2001
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Project: Clearwater Hospitality, Inc.
(a.k.a. Howard Johnson's Hotel)
USACE File No. 200002932 (LP- TF)
Date: January 3, 2001
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Attachment B
USACE Permit No. 200002932 (LP-TF)
GENERAL CONDITIONS
33 CFR PART 320-330
PUBLISHED FR DATED 13 NOVEMBER 1986
1. The time limit for completing the work authorized ends on November 7, 2006. If you
find that you need more time to complete the authorized activity, submit your request for
a time extension to this office for consideration at least one month before the above date
is reached.
2. You must maintain the activity authorized by this permit in good condition and in
conformance with the terms and conditions of this permit. You are not relieved of this
requirement if you abandon the permitted activity, although you may make a good faith
transfer to a third party in compliance with General Condition 4 below. Should you wish
to cease to maintain the authorized activity or should you desire to abandon it without a
good faith transfer, you must obtain a modification of this permit from this office, which
may require restoration of the area.
3. If you discover any previously unknown historic or archeological remains while
accomplishing the activity authorized by this permit, you must immediately notify this
office of what you have found. We will initiate the Federal and state coordination
required to determine if the remains warrant a recovery effort of if the site is eligible for
listing in the National Register of Historic Places.
4. If you sell the property associated with this permit you must obtain the signature of
the new owner in the space provided and forward a copy of the permit to this office to
validate the transfer of this authorization.
5. If a conditioned water quality certification has been issued for your project, you must
comply with the conditions specified in the certification as special conditions to this
permit. For your convenience, a copy of the certification is attached if it contains such
conditions.
6. You must allow a representatives from this office to inspect the authorized activity at
any time deemed necessary to ensure that it is being or has been accomplished in
accordance with the terms and conditions of your permit.
FURTHER INFORMATION:
1. Congressional Authorities: You have been authorized to undertake the activity
described above pursuant to:
(x ) Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403).
( ) Section 404 of the Clean Water Act (33 U.S.C. 1344).
( ) Section 103 of the Marine Protection, Research and Sanctuaries Act of
1972 (33 U.S.C. 1413).
1 of 3
~
'.
. .
1
Attachment B
USACE Permit No. 200002932 (LP-TF)
2. Limits of this authorization.
a. This permit does not obviate the need to obtain other Federal, state, or
local authorizations required by law.
b. This permit does not grant any property rights or exclusive privileges.
c. This permit does not authorize any injury to the property or rights of
others.
d. This permit does not authorize interference with any existing or
proposed Federal projects.
3. Limits of Federal Liability. In issuing this permit, the Federal Government
does not assume any liability for the following:
a. Damages to the permitted project or uses thereof as a result of other
permitted or unpermitted activities or from natural causes.
b. Damages to the permitted project or uses thereof as a result of current
or future activities undertaken by or on behalf of the United States in the
public interest.
c. Damages to persons, property, or to other permitted or unpermitted
activities or structures caused by the activity authorized by this permit.
d. Design or construction deficiencies associated with the permitted work.
e. Damage claims associated with any future modification, suspension, or
revocation of this permit.
4. Reliance on Applicant's Data. The determination of this office that issuance of
this permit is not contrary to the public interest was made in reliance on the
information you provided.
5. Reevaluation of Permit Decision. This office may reevaluate its decision on
this permit at any time the circumstances warrant. Circumstances that could
require a reevaluation include, but are not limited to, the following:
a. You fail to comply with the terms and conditions of this permit.
b. The information provided by you in support of your permit application
proves to have been false, incomplete, or inaccurate (see 4 above).
20f3
.
.
Attachment B
USACE Permit No. 200002932 (LP-TF)
c. Significant new information surfaces which this office did not consider
in reaching the original public interest decision.
Such a reevaluation may result in a determination that it is appropriate to use
the suspension, modification, and revocation procedures contained in 33
CFR 325.7 or enforcement procedures such as those contained in 33 CFR
326.4 and 326.5. The referenced enforcement procedures provide for the
issuance of an administrative order requiring you comply with the terms and
conditions of your permit and for the initiation of legal action where
appropriate. You will be required to pay for any corrective measures ordered
by this office, and if you fail to comply with such directive, this office may in
certain situations (such as those specified in 33 CFR 209.170) accomplish
the corrective measures by contract or otherwise and bil you for the cost.
6. Extensions. General condition 1 establishes a time limit for the completion of the
activity authorized by this permit. Unless there are circumstances requiring either a
prompt completion of the authorized activity or a reevaluation of the public interest
decision, the Corps will normally give favorable consideration to a request for an
extension of this time limit.
30f3
.
ATTACHMENT C
File Name: Clearwater Hospitality, Inc.
(a.k.a. Howard Johnson Hotel)
File No. 200002932 (LP- TF)
.
STANDARD MANATEE CONSTRUCTION CONDITIONS
1. The lessee/grantee shall instruct all personnel associated with
the project of the potential presence of manatees and the need to
avoid collisions with manatees. All construction personnel are
responsible for observing water-related activities for the presence
of manatee(s).
2. The lessee/grantee shall advise all construction personnel that
there are civil and criminal penalties for harming, harassing, or
killing manatees which are protected under the Marine Mammal
Protection Act of 1972, the Endangered Species Act of 1973, and the
Florida Manatee Sanctuary Act of 1978. The lessee/grantee and/or
contractor may be held responsible for any manatee harmed, harassed,
or killed as a result of construction activities.
3. Siltation barriers shall be installed and shall be made of
material in which manatees cannot become entangled, shall be properly
secured, and shall be monitored regularly to avoid manatee
entrapment. Barriers shall not block manatee entry to or exit from
essential habitat.
4. All vessels associated with the project shall operate at "no
wake/idle" speeds at all times while in water where the draft of the
vessel provides less than four feet clearance from the bottom and
that vessels shall follow routes of deep water whenever possible.
5. If a manatee is sighted within 100 yards of the project area, all
appropriate precautions shall be implemented by the
permittee/contractor to ensure protection of the manatee. These
precautions shall include the operation of all moving equipment no
closer than 50 feet of a manatee. Operation of any equipment closer
than 50 feet to a manatee shall necessitate immediate shutdown of
that equipment. Activities will not resume until the manatee(s) has
departed the project area of its own volition.
6. Any collision with and/or injury to a manatee shall be reported
immediately to the "Manatee Hotline" at 1-888-404-FWCC(1-888-404-
3922). Collision and/or injury should also be reported to the U.S.
Fish and Wildlife Service in Jacksonville (1-904-232-2580) for north
Florida or Vero Beach (1-561-562-3909) in south Florida.
7. Temporary signs concerning manatees shall be posted prior to and
during construction/dredging activities. All signs are to be removed
lof4
.
ATTACHMENTC
File Name: Clearwater Hospitality, Inc.
(a.k.a. Howard Johnson Hotel)
File No. 200002932 (LP- TF)
.
by the lessee/grantee upon completion of the project. A sign
measuring at least 3 feet by 4 feet which reads Caution: Manatee Area
will be posted in a location prominently visible-to water related
construction crews. A second sign should be posted if vessels are
associated with the construction, and should be placed visible to the
vessel operator. The second sign should be at least 8 1/2 inches by
11 inches, which reads:
Caution: Manatee Habitat. Idle speed is required if operating a
vessel in the construction area. All equipment must be shutdown
if a manatee comes within 50 feet of the operation. A collision
with and/or injury to a manatee shall be reported immediately to
the Florida Marine Patrol at 1-888-404-FWCC(1-888-404-3922)and
the u.s. Fish and Wildlife Service at (1-904-232-2580) for north
Florida or (1-561-562-3909) for south Florida.
20f4
.
ATTACHMENTC
File Name: Clearwater Hospitality, Inc.
(a.k.a. Howard Johnson Hotel)
File No. 200002932 (LP- TF)
.
TEMPORARY MANATEE SIGNS
For standard manatee construction conditions
The Caution: Manatee Area signs are available through the companies
listed below and may also be available from other local suppliers
throughout the state. Permit/lease holders should contact sign
companies directly to arrange for shipping and billing.
Cape Coral Signs & Designs Inc.
1311 Del Prado Boulevard
Cape Coral, Florida 33990
1-800-813-9992
941-772-9992
FAX 941-772-9992
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Municipal Supply and Sign Company
Post Office Box 17
Naples, Florida 33939-1765
1-800-329-5366
941-262-4693
FAX 941-252-4645
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708 Commerce Way
Post Office Box 911
Jupiter, Florida 33458
1-800-432-3404
407-747-1065
FAX 407-744-2985
I
MANA TEE
AREA
:aution Manatee Area
The second sign should be at least 8 ~ inches by 11 inches, and should
read:
Caution: Manatee Habitat. Idle speed is required if operating a vessel
in the construction area. All equipment must be shutdown if a manatee
comes within 50 feet of operation. Any collision with and/or injury to
a manatee shall be reported immediately to the Florida Marine Patrol
at 1-888-404-FWCC(1-888-404-3922). The U.S. Fish and Wildlife Service
should also be contacted in Jacksonville (1-904-232-2580) for north
Florida or in Vero Beach (1-561-562-3909) for south Florida. An
example is enclosed, and this example can be copied and used during
construction activities.
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Attachment D
SELF-CERTIFICATION STATEMENT OF COMPLIANCE
PERMITTEE: Clearwater Hospitality, Inc. (a.k.a. Howard Johnson Hotel)
Permit Number: File No.: 200002932 (LP-TF)
Permittee's Name & Address (please print or type):
Telephone Number:
Location of the Work:
Date Work Started:
Date Work Completed:
Description of the Work (e.g. bank stabilization, residential or commercial filling, docks,
dredging):
Acreag~ or Square Feet of Impacts to Waters of the United States:
Describe Mitigation completed (if applicable):
Describe any Deviations from Permit (attach drawing(s) depicting the deviations):
********************
I certify that all work, and mitigation (if applicable) was done in accordance with the limitations
and conditions as described in the permit. Any deviations as described above are depicted on the
attached drawing(s).
Signature of Permittee
Date
, .
.
.
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DaI9 2/25/0Qoonl# 55042389
Cusll# 59041 CenJrqI 8{t1Jif.Qf TA'lJ~
Loon Amount 31, ~UU, uuu. 00 SERVICE TYPE
Term (Yrs) ~ Escrow
Bonower CLEARWATER HOSPITALI hy ffi;NonESCrow
PropAdd 656 BAYWAY BLVD Se(J(JTo:
CLEARWATER, FL 33/ b / LERETA Corp.
P.Q,Box 6120
Covlns, CA 91722-5120
FormerOwner STEFAN & JANINA Phone: 818-332-1942
DZIABA
PREPARED BY AND RETURN TO:
--~# Joseph R. Cianfrone, P.}\..
1968 Bayshore Boulevard
Dunedin, Florida 3469~
WARRANTY DEED
THIS INDENTURE made thi~ay of February, 2000, between STEFAN DZIABA and JANINA
DZIABA, his wife, Grantors, of 656 Bayway Boulevard, Clearwater, Florida, 33767-2601, and
CLEARWATER HOSPITALITY, INC., a Florida corporation, Grantee, of 107 Dorado Court, Plant City,
Florida, 33566, and whose mailing address is P.O.Box 4588, Plant City, Florida, 33567-4588.
WITNESSETH, That said Grantors, for and in consideration of the sum ofTen and Noll 00 ($10.00)
Dollars and other good and valuable considerations to said Grantors in hand paid by said Grantee, the receipt
whereof is hereby acknowledged, has granted, bargained and sold to the Grantee, and Grantee's assigns
forever, the following described land, situate, lying and being in Pinellas County, Florida, to wit:
Lots 15, 16, 17 and 18, Block "A", BA YSIDE SUBDIVISION NO. 5, according to the map
or plat thereof as recorded in Plat Book 38, Pages 38 and 39, Public Records of Pinellas
County, Florida, together with any easements appurtenant, any riparian rights and littoral
rights.
M ,..,..,..,..,"".,.. 'T'r\ ___1:__1-..1_ 1_~rl "N' "'nA '7nn;no rp<:trirtions: to taxes for th~ year 2000 and subsequent
~I--D'D I.'~ n~ I ?:~ r-I' \.r.;.(.e7-1--;7:"'.~
, ...'"-' . 1 , ~" I I- I I <
. r--.---...-'..-. ..-..-.:. ,I ,
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(American Land Title Association Loan Policy - 10-17-92) (With Florida Modifications)
.. .).
\". , .,
<'",;,... ~
MORTGAGEE TITLE INSURANCE POllCY
g~
Attorneys' TItle Insurance F\U1d, Ine.
ORlANDO, FLORIDA
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM
COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS AND
STIPULATIONS, ATIORNEYS' TITLE INSURANCE FUND, INC., a Florida corporation,
herein called THE FUND, insures, as of Date of Policy shown in Schedule A, against loss or
damage, not exceeding the Amount ofInsurance stated in Schedule A, sustained or incurred
by the insured by reason of:
1. Title to the estate or interest described in Schedule Abeingvested 0:1.) IT! l@ I,; ill/ l~lrn~
therein' ! I) " I! 1111
2. Any deiect in or lien or encumbrance on the title; jU Lj JUN 2 0 2002 !': i :'1
3. Unmarketability of the title; I" . l-J I
4. Lack of a right of access to and from the land; ! : . !
5. The invalidity or unenforceability of the lien of the insured mortgageuporHh-e-title;---' ......1
6. The priority of any lien or encumbrance over the lien of the insured mortgage;
7. Lack of priority of the lien of the insured mortgage over any statutory lien for services,
labor or matedal:
(a) arising from an improvement or work related to the land which is contracted for
or commenced prior to Date of Policy; or
(b) arising from an improvement or work related to the land which is contracted for
or commenced subsequent to Date of Policy and which is financed in whole or
in part by proceeds ofthe indebtedness secured by the insured mortgage which
at Date of Policy the insured has advanced or is obligated to advance;
8. The invalidity or unenforceability of any assignment of the insured mortgage,
provided the assignment is shown in Schedule A, or the failure of the assignment
shown in Schedule A to vest title to the insured mortgage in the named insured
assignee free and clear of all liens.
THE FUND will also pay the costs, attorneys' fees and expenses incurred in defense of the
title or the lien of the insured mortgage, as insured, but, only to the extent provided in the
Conditions and Stipulations.
In Witness Whereof, ATIORNEYS' TITLE INSURANCE FUND, INC. has caused this policy to
be signed and sealed as of Date of Policy shown in Schedule A, the policy to become valid
when countersigned by an authorized signatory.
",."..,...,,,..
....~'''llJ~,_,
f~~ l~~~~~~\
'~ _.. 'i,
\ ..' SEAL;}
\C:".~~,~.~~~~..<.)'
Attorneys' Tide Insurance Fund, Inc.
~~
By
Charles J. Kovaleski
President
Joseph R. Cianfrone, Esquir
SERIAL
JSSUlNG AGENT - ATl'ORNEY OR FIRM OF ATrORNEYS
1968 Bayshore Boulevard
MP-
2013856
. .
~~"---~.
.
FUND MORTGAGEE FORM.
Schedule A
Policy No.: MP-2013856
Effective Date: Feb-28-2000
13:02:44
Agent's File Reference: HOJO/Dziaba.
Amount of Insurance: $ 1,900,000.00
1. Name of Insured:
Central Bank of Tampa, Its Successors or Assigns
2. The estate or interest in the land described in this Schedule and which is encumbered by the insured mortgage
is a fee simple (if other, specify same) and is at the effective date hereof vested in:
Clearwater Hospitality, Inc., a Florida Corporation
3. The land referred to in this policy is described as follows:
Lots 15, 16, 17 and 18, Block "All, BAYSIDE SUBDIVISION NO.5,
according to the map or plat thereof as recorded in Plat Book 38,
Pages 38 and 39, Public Records of Pinellas County, Florida,
together with any easements appurtenant, any riparian rights and
littoral rights.
4. The mortgage, herein referred to as the insured mortgage, and the assignments thereof, if any, are described as
follows:
Mortgage from Clearwater Hospitality, Inc., a Florida Corporation
in favor of Central Bank of Tampa, a Florida Corporation, its '
successors or assigns as recorded in O.R. Book 10825, Page 55 et.
seq. of the Public Records of Pinellas County, Florida, on
February 28, 2000.
Joseph R. Cianfrone, Esquire
628
34698
lSSUJNG AGENT - ATIORNEY OR FIRM OP AlTORNEYS
1968 Bayshore Boulevard
AGENT NO.
Dunedin
MAILING ADDRESS
CllY
ZIP
-
...
Schedule B
.
Policy No.:
MP-201.
This policy does not insure against loss or damage by reason of the following:
1. The lien of all taxes for the yeaf~ and thereafter.
2. Restrictions, conditions, reservations, easements, and other
matters contained on the Plat of Bayside Subdivision No.5, as
recorded in Plat Book 38, Page 38, Public Records of Pinellas
County, Florida.
3. Riparian and littoral rights are not insured.
4, Easement in favor of Florida Power Corporation, contained in
instrument recorded in O.R. Book 124, Page 527, Public Records
of Pinellas County, Florida.
5. Those portions of the property herein described being
artificially filled in land in what was formerly navigable
waters, are subject to the right of the United States Government
arising by reason of the United States Government control over
navigable waters in the interest of navigation and commerce.
6. The rights, if any, of the public to use as a public beach or
recreation area any part of the land lying between the body of
water abutting the subject property and the natural line of
vegetation, bluff, extreme high water line, or other apparent
boundary lines separating the publicly used area from the upland
private area.
7. Any and all residual royalty rights of Coastal Petroleum
Company, or its assigns, resulting from any agreements with the
Trustees of the Internal Improvement Trust Fund of Florida,
which rights do not include the right of entry for the purpose.
of exploration, mining, or drilling.
FUND Form MP-SCH. B (Rev. 4/91)
t
J
I
';
..
~. Endorsement Master List ; ~
. Attorneys' Title Insurance Fun.c.
Orlando, Florida .
Policy No.
MP-2013856 Agent's File Reference HOJO/Dziaba
The indicated endorsements, in the form mandated as of the effective date of this policy by the
Florida Department of Insurance, pursuant to Rule 4-186, Florida Administrative Code, are incorpo-
rated herein.
Only the endorsements marked with an"X" below are deemed incorporated herein:
ALTA 4.1
ALTA 5.1
ALTA 6
Condominium Endorsement
POO Endorsement (Planned Unit Development)
Variable Rate Mortgage Endorsement (Renegotiable Rate)
ALTA 6.2
ALTA 7
ALTA 8.1
Variable Rate Mortgage Endorsement - Negative Amortization
Manufactured Housing Unit Endorsement
Environmental Protection Lien Endorsement
(with the word "NONE" inserted under paragraph (b))
Revolving Credit Endorsement (RCE)
-X Florida Endorsement Form 9 - Revised 3/27/92 (FF9)
'v (Restrictions, Easements, Minerals)
~ Navigational Servitude Endorsement (NSE)
Shared Appreciation Endorsement (SAE)
Additional Interest Endorsement (ALE)
Option Endorsement (DE)
Change of Partners (Fairways) Endorsement (CPE)
Foreign Currency Endorsement (FCE)
Balloon Mortgage Endorsement (BME)
Joseph R. Cianfrone, Esquire
Name of Fund Agent
~
6286
Agent No.
By
Attorneys' Title Insurance Fund, Inc.
Charles ]. Kovaleski
President
(6194 }[486]
-
.
SURVEY ENDORSEMENT
,
.
t,..........
Endorsement No.
Attorneys' Title Insurance Fund, Inc.
ORLANDO, FLORIDA
MP-2013856
to Policy No.:
?
The Fund hereby acknowledges the lands described in Schedule A are the Same lands described in the
survey prepared by Georqe A. Shimp II dated 1-26-2000, however, The Fund
does not insure the accuracy or completeness of said survey.
This endorsement is made a part of the policy and is subject to all of the terms and provisions thereof
and of any prior endorsements thereto. Except to the extent expressly stated, it neither modifies any
of the terms and provisions of the policy and any prior endorsements, nor does it extend the effective
date of the policy and any prior endorsements, nor does it increase the face amount thereof.
Joseph R. Cianfrone, Esquire
Name of Fund Agent
~Jt&n
I1ate
6286
Agent No.
By
Attorneys' Title Insurance Fund, Inc.
Charles J. Kovaleski
President
Survey Endorsement
(SE)
(1/91)
l..oOnUlllvlm ..u.... .....r-----
Conditions and Stipulations (continued)
.of any debtor or guarantor, .end or otherwise modify insured, the RuleAuect at Date of Policy shall be binding
the !erms of payment, or release a portion of the estate or upon the parties.'r:;~ard may include attorneys'fees only
interest from the lien of the insured mortgage, or release any if the laws of the state in which the land is located permit a court
collateral security for the indebtedness. to award attorneys' fees to a prevailing party. Judgment upon
When the permitted acts of the insured claimant occur the award rendered by the Arbitrator(s) may be entered in any
and the insured has knowledge of any claim of title or interest court havingjurisdiction thereof.
adverse to the title to the estate or interest or the priority or The law of the situs of the land shall apply to an arbitra-
enforceability of the lien of the insured mortgage, as in- tion under the Title Insurance Arbitration Rules.
sured, THE FUND shall be required to pay only that part of A copy of the Rules may be obtained from THE FUND
any losses insured against by this policy which shall exceed the upon request.
amount, if any, lost to THE FUND by reason of the impairment
by the insured claimant of THE FUND's right of subrogation.
(c) THE FUND's Rights Against Non-insured Obligors
THE FUND's right of subrogation against non-insured
obligors shall exist and shall include, without limitation, the
rights of the insured to indemnities, guaranties, other poli-
cies of insurance or bonds, notwithstanding any terms or
conditions contained in those instruments which provide
for subrogation rights by reason of this policy.
THE FUND's right of subrogation shall not be avoided by
acquisition of the insured mortgage by an obligor (except an
obligor described in Section 1 (a) (ii) of these Conditions and
Stipulations) who acquires the insured mortgage as a result
of an inderrmity, guarantee, other policy of insurance, or bond
and the obligor will not be an insured under this policy,
notwithstanding Section I (a) (i) of these Conditions and
Stipulations.
.
13. Arbitration
Unless prohibited by applicable law, arbitration pursuant
to the Title Insurance Arbitration Rules of the American Arbi-
tration Association may be demanded if agreed to by both THE
FUND and the insured. Arbitrable matters may include, but are
not limited to, any controversy or claim between THE FUND
and the insured arising out of or relating to this policy, and
service of THE FUND in connection with its issuance or tht
breach of a policy provision or other obligation. Arbitration
pursuant to this policy and under the Rules in effect on the date
the demand for arbitration is made or, at the option of the
14. Liability Limited to This Policy; Policy Entire Contract
(a) This policy together with all endorsements, if any,
attached hereto by THE FUND is the entire policy and
contract between the insured and THE FUND. In interpret-
ing any provision of this policy, this policy shall be construed
as a whole.
(b) Any claim ofloss or damage, whether or not based on
negligence, and which arises out of the status of the lien of
the insured mortgage or of the title to the estate or interest
covered hereby or by any action asserting such claim, shall be
restricted to this policy.
(c) No amendment of or endorsement to this policy can
be made except by a writing endorsed hereon or attached
hereto signed by either the President, a Vice President, or
Agent ofTHE FUND.
15. Severability
In the event any provision of this policy is held invalid or
unenforceable under applicable law, the policy shall be
deemed not to include that provision and all other provi-
sions shall remain in full force and effect.
16. Notices, Where Sent
All notices required to be given THE FUND and any
statement in writing required to be furnished THE FUND
shall include the number of this policy and shall be ad-
dressed to THE FUND at its principal office at Post Office
Box 628600, Orlando, Florida 32862-8600.
~
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Environmental ·
Analysis & Permitting, Inc.
Ecologists · Environmental Scientist
3 July 2002
Mark Parry
Planner
City of Clearwater
Post Office Box 4748
Clearwater, FL 33758-4748
Dear Mr. Parry,
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Please allow this letter to serve as our response to those questions contained in your
letter dated 25 June 2002 regarding the above referenced project. Each of the three
questions will be addressed individually.
Re: Flexible Standard Development
Howard Johnson CltI!'W. B~ Proposed Dock
Case Number FLD ~
Question 1. The width of the property. . . . . . . . . . . . added to your request.
Response - The width of the property as shown on the survey and on sheet 1 of 2
depicting the proposed project is 245.9 feet. The proposed width of the project is 181
feet or 73.6 % of the property width. It is our understanding that this is in accordance
with the 75% of property width requirement.
Question 2. Existing floor area ratio (FAR);
Response - The existing hotel has two floor occupying approximately 8,825 square feet
over 28,800 square feet of property. Therefore the FAR is 0.61.
Question 3. Existing impervious surface ration (ISR).
Response - The site includes 9398 square feet of green space. Total ISR is 0.67.
299 Ninth Street North, 51. Petersburg, FL 33701-3126 · (727) 894-4643 · FAX (727) 822-2919
www.eapermit.com
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We appreciate your assistance in reviewing our application for approval. If we can
be of further assistance please let us know.
Sincerely,
G. Jeffery Churchill
President
ENVIRONMENTAL ANAL Y
AND PERMITTIN
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.
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1:15 p.m.
Case: ~~~OOO:*,(j$6 Bayway .Bbulevatd.
Owner/Applicant: Clearwater Hospitality, Inc (dba Howard Johnson's).
Representative: Mr. G. Jeffery Churchill; Environmental Analysis and Permit.
Location: The 0.66-acre site is located on the north side of Bayway Boulevard approximately 300
feet west of Parkway Drive.
Atlas Page: 285A.
Zoning: T, Tourist District.
Request: Flexible Development approval to permit a commercial dock in association with an
existing overnight accommodations establishment under the provisions of Section 3-601.C3.
Proposed Use: The proposal includes a 1,554 square foot, nine-slip dock in association with an
existing overnight accommodations establishment.
Presenter: Mark T. Parry, Planner.
Attendees included:
City Staff: Mark Parry, Bob Maran, Cory Martens, Bill Morris, Wayne Wells and Joe Colbert
Applicant/Representative: Mr. G. Jeffery Churchill
FILE
The DRC reviewed these applications with the following comments:
1. Parks and Recreation:
a) No comments
2. Stormwater:
a) No comments
3. Traffic eneineerine:
a) No comments
4. General eneineerine:
a) No comments
5. Plannine:
a) No comments
6. Solid waste:
a) No comments
7. Land resource:
a) No comments
8. Fire:
a) Provide a water supply for dock area as per NFPA 303. Show on Site Plan prior to review
by CDB
b) Subject to the requirements of NFPA 303, Fire Protection Standard for Marinas and
Boat yards. To be met prior to any permitting.
9. Landscapine:
a) No comments
NOTES:
. That all Fire Department requirements be met prior to the issuance of any permits;
. Send comments to Jeff at Churchill@eapermit.com.
. Bill Morris asked whether or not a wave runner use would be placed on the site.
. July 19,2002 deadline for resubmittal of 15 sets of everything in order to be scheduled for the August
20,2002
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1:45 p.m. Case: ANX2002-05007 -717, 719, 723, 725 Bayview Avenue.
Owner/Applicant: Our Lady of Divine Providence, House of Prayer, Inc.
Representative: Harry S. Cline, ESQ.
Location: The 5 parcels, totaling approximately 1 acre, are located on the east side of South
Bayview Drive between Penmar Drive and the Tampa Bay.
Atlas Page: 301A.
Request: Annexation of 5 parcels of land, totaling approximately 1 acre, into the City of
Clearwater to be included as part of a pending land use and zoning case (LUZ2002-05006).
Proposed Use: Institutional.
Presenter: Marc A. Mariano, Planner.
Attendees included:
City Staff: Lisa Fierce, Mark Parry, Cory Martens, Marc A. Mariano and Joe Colbert
Applicant/Representative: Harry S. Cline and Robert Resch
The DRC reviewed these applications with the following comments:
1. Parks and Recreation:
a) No comments
2. Stormwater:
a) No comments
3. Traffic enl!ineerinl!:
a) No comments
4. General enl!ineerinl!:
a) No comments
5. Planninl!:
a) Discussed what the use would be and it would need to be one of those listed under the I
District place of worship seems to fit the description provided;
b) A conceptual site plan would be helpful in discussing the proposed application;
c) Traffic study required;
d) Should meet with neighbors and/or association; and
e) Should meet minimum development standards.
6. Solid waste:
a) No comments
7. Land resource:
a) No comments
8. Fire:
a) No comments
9. Landscaoinl!:
a) No comments
NOTES:
. CDB - 8-20-02
. CC 1 sl reading - 9-19-02
. CC 2nd reading - 10-3-02
DRC Action Agenda - July 12,2002 - page 12
.
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CITY OF CLEARWATER
PLANNING DEPARTMENT
POST OFFICE Box 4748, CLEARWATER, FLORIDA 33758-4748
MUNICIPAL SERVICES BUIlDING, 100 SOUTH MYRnE AVENUE, CLEARWATER, FLORIDA 33756
TELEPHONE (727) 562-4567 FAX (727) 562-4576
loNG RANGE PLANNING
DEVELOPMENT REVIEW
r'
June 25, 2002
Mr. G. Jeffery Churchill
Environmental Analysis and Permit
PO Box 0683
St. Petersburg, FL 33731
RE: Application for Flexible Standard Development application approval to permit a
commercial dock in association with an existing overnight accommodations
establishment under the provisions of Section 3-601.C3.
Dear Mr. Churchill:
The Planning staff has reviewed your application to permit a commercial dock in
association with an existing overnight accommodations establishment under the
provisions of Section 3-601.C3. The proposal includes a 1,554 square foot, nine-slip
dock in association with an existing overnight accommodations establishment.
After a preliminary review of the submittedew.n~taff has determined that the
application is generally complete. The applica~entered into the Department's
filing system and assigned the case number: PI n?QQ2-06016.
The following items/data need to be submitted and/or clarified prior to the DRC meeting:
1. The width of property appears to be 240 feet. The width of the dock appears to be
181 feet. The width permitted under the provisions of Section 3-601 (75 percent
of 240) is 180 feet. A revised site plan showing that the width of the dock does
not exceed 75 percent of the width of the property or a one foot addition to the
width of the dock must be added to your request;
2. Existing floor area ratio (FAR); and
3. Existing impervious surface ratio (ISR).
BRIAN J. AUNGST, MAYOR-COMMISSIONER
ED HART, VICE MAYOR-COMMISSIONER WHITNEY GRAY, COMMISSIONER
HoYT HAMILTON, COMMISSIONER * BlIl]ONSON, COMMISSIONER
"EQUAL EMPLOYMENT AND AFFIRMATIVE ACTION EMPLOYER"
.
.
June 25, 2002
Churchill - Page Two
The Development Review Committee will review the application for sufficiency on July
11, 2002 in the Planning Department conference room - Room 216 - on the second floor
of the Municipal Services Building. The building is located at 100 South Myrtle Avenue
in downtown Clearwater. Please call Sherrie Nicodemus, Administrative Analyst at
727.562.4582 no earlier than one week prior to the meeting date for the approximate time
that your case will be reviewed. You or your client must be present to answer any
questions that the committee may have regarding your application.
Please be aware that 15 additional sets of the complete resubmittal of all required
information, to include copies of the application, survey, site plan (with any required
changes as applicable), affidavit of authorization, etc. will be required by July 19,2002 in
order to be placed on the August 20, 2002 Community Development Board (CDB)
agenda.
If you have any questions, please do not hesitate to call me at 727-562-4558.
Sincerely yours,
Mark Parry
Planner
S:\Planning Department\C D B\Flex\Pending cases\Up for the next DRC\Bayway 256 Howard Johnsons\Bayway 256 complete,doc
.
Community Response Team
Planning Oept. Cases - ORC
Case No. rLLJO;l -oL-o I ~
Meeting Date:
7-/1 - J--
Location: t...S-(P Z~)/ (~ ),-"L, / 3 / ur-/(_
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o Current use:.r(Lv(r[(' (~hdS 0/1 _~~T';7/~('" ,,-5- ~/)
o Active Code Enforcement Case (e) yes:
o Address number (_) (no) (vacant land)
o Landscaping (_) (no)
o Overgrown (yes) (m1
o Debris (yes) ~.
o Inoperative vehicle(s) (yes) ~
o Building(s) ~ (fair) (poor) (vacant land)
o Fencing (none) (good) (dilapidated) ~OA 8AaJor ll.li~iiRQ f'Jicees)
o Paint (good) . (poor) (garish)
o Grass Parking (yes) _
o Residential Parking Violations (yes) @ff
o Signage (none) €iji) (not ok) (billboard)
o Parking (n/a) (~'r I) (handicapped) (needs repaving)
filE
o Dumpster ("\l!f1l1 4). (not enclosed)
o Outdoor storage (yes) ~
Comments/Status Report (attach any pertinent documents):
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47J. fl~ r",../r;. /7' L?0 /-, /15" (? .r~7 h...r /p/ne.,{1 R>r-/<".
Date of Review: '7 / : j ...2. Reviewed by: erA,: .~.L" /; LJ '
Revised 03-29-01 - '? ~