The URL can be used to link to this page

FLD2003-11058 .-, .~ . SUBMIT ORIGINAL SIGNED AND NOTARIZED APPLICATION . SUBMIT 12 COPIES OF THE ORIGINAL APPLICATION induding 1) collated, 2) stapled and 3) folded sets of site plans . SUBMIT APPLICATION FEE $ 1205.00 CASE #: DATE RE EIVED: RECEIVED BY (staff I iti Is): ATLASPAGE#: ZONING DISTRICT: ~Ep;1ft C NT NORTH: ~~QV 1 8 2003 EAST: , . -"MI- ' , Planning Department 1 00 South Myrtle Avenue (. 'eatW'ater Clearwater, FIor1da 33756 ~~ Telephone:727-562-4567 o~ Fax:727-562-4865 * NOTE: 13 TOTAL SETS OF INFORMATION REQUIRED (APPLICATIONS PLUS SITE PLAN SETS) CITY OF CLEARWATER FLEXIBLE DEVELOPMENT APPLICATION (Revised 11105/02) -PLEASE TYPE OR PRINT- A. APPLICANT, PROPERTY OWNER AND AGENT INFORMATION: (Code Section 4-202.A) APPLICANT NAME: Paul Camp Lane, Esquire, Clearwater Townhomes, Inc. MAILING ADDRESS: 7087 Grand National Drive, Suite 100, Orlando, Florida 32819 PHONE NUMBER: (407) 316-0343 FAX NUMBER: (407) 316-0372 PROPERTY OWNER(S): Clearwater Townhomes, Inc. (Must Include ALL owners) AGENT NAME: Bill Woods - Woods Consultino, Inc. MAILING ADDRESS: 322 Ridoe Road PHONE NUMBER: 1Z2Z1186-574 7 CELL NUMBER: (727) 871-0084 PAw\\ AA~~ \ FL- ~+c.~ ~ FAX NUMBER: (727) 786-7479 E-MAIL ADDRESS: billwoods@woodsconsultinO.oro B. PROPOSED DEVELOPMENT INFORMATION: (Code Section 4-202.A) STREET ADDRESS: 161 Brightwater Drive, Clearwater, Florida 33567 LEGAL DESCRIPTION: LOTS 14, 15 & 16 BAYSIDE SUBDIVISION NUMBER 2, PLAT BOOK 27, PAGE 33 PARCEL NUMBER: 08-29-15-04932-000-(0160.0150. &0140) PARCEL SIZE: 0.06 acres; 2.482 square feet (acres, square feet) PROPOSED USE(S) AND SIZE(S): 10 zero lot line, fee simple-owned townhomes being constructed on uplands (number of dwelling units, hotel rooms or square footage of nonresidential use) 5 shared docks as accessory uses to the townhomes. Note uplands approved per #FLD 2002-11042 DESCRIPTION OF REQUEST(S): Docks designed as 5 private shared docks. The City is considering the (include all requested code deviations; e.g. reduction In required number of paltdng spaces, specific use, etc.) docks as multi-use docks. Thus the request is for approval of a multi-use dock. Page 1 of 6 - Flexible Development Application - City of Clearwater .~\ .- t~ {,pES THIS APPLICATION INVOLVE THE TRANSFER OF DEVELOPMENT RIGHTS (TOR), A PREVIOUSLY APPROVED PLANNED UNIT DEVELOPMENT, OR A PREVIOUSLY APPROVED (CERTIFIED) SITE PLAN? YES _ NO ~ (if yes, attach a copy of the applicable documents) ,.. C. PROOF OF OWNERSHIP: (Code Section 4-202.A.5) . SUBMIT A COPY OF THE TITLE INSURANCE POLICY, DEED OR AFFIDAVIT ATTESTING TO THE OWNERSHIP OF THE PROPERTY Enclosed D. WRITTEN SUBMITTAL REQUIREMENTS: (Code Section 3-913.A) . Provide complete responses to the six (6) GENERAL APPLICABILITY CRITERIA - Explain how each criteria is achieved, in detail: 1. The proposed development of the land will be in harmony with the scale, bulk, coverage, density and character of adjacent properties In which It Is located. Request is for multi-use dock in excess of 500 square feet. 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. See 1 above and Attachments A and 8 enclosed. 3. The proposed development will not adversely affect the health or safety or persons residing or working in the neighborhood of the proposed use. See 1 above and Attachments A and 8 enclosed. 4. The proposed development is designed to minimize traffic congestion. Docks are for use by residents of town homes only, 5. The proposed development Is consistent with the community character of the immediate vicinity of the parcel proposed for development. See 1 above and Attachments A and 8 enclosed. 6. The design of the proposed development minimizes adverse effects, including visual, acoustic and olfactory and hours of operation Impacts, on adjacent properties. See 1 above and Attachments A and 8 enclosed. a Address the applicable flexibility criteria for the specific land use as listed In each Zoning District to which the waiver is requested (use separate sheets as necessary) - Explain how criteria is achieved, in detail: See 1 above. Page 2 of 6 - Flexible Development Application - City of Clearwater .- . ~y SUPPLEMENTAL SUBMITTAL REQUIREMENTS: (Code Section 4-202.A) . SIGNED AND SEALED SURVEY (including legal description of property) - One original and 12 copies; Enclosed CJ TREE SURVEY (including existing trees on site and within 25' of the adjacent site, by species, size (DBH 4" or greater), and location, including drip lines and indicating trees to be removed); nfa LOCATION MAP OF THE PROPERTY; Enclosed . CJ PARKING DEMAND STUDY in conjunction with a request to make deviations to the parking standards (ie. Reduce number of spaces). Prior to the submittal of this application, the methodology of such study shall be approved by the Community Development Coordinator and shall be In accordance with accepted traffic engineering principles. The findings of the study will be used in determining whether or not deviations to the parking standards are approved; nfa GRADING PLAN, as applicable; nfa PRELIMINARY PLAT, as required (Note: Building permits will not be issued until evidence of recording a final plat is provided); nfa CJ . CJ COPY OF RECORDED PLAT, as applicable; nfa F. SITE PLAN SUBMITTAL REQUIREMENTS: (Code Section 4-202.A) . SITE PLAN with the following information (not to exceed 24" x 36"): All dimensions; North arrow; Engineering bar scale (minimum scale one inch equals 50 feet), and date prepared; Location map; Index sheet referencing individual sheets Included in package; Footprint and size of all EXISTING buildings and structures; Footprint and size of all PROPOSED buildings and structures; All required setbacks; All existing and proposed points of access; NfA All required sight triangles; NfA 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; NfA Location of all public and private easements; NfA Location of all street rights-of-way within and adjacent to the site; NfA Location of exlsti_ng public and private utilities, including fire hydrants, storm and sanitary sewer lines, manholes and lift stations, gas and water lines; NfA All parking spaces, driveways, loading areas and vehicular use areas; NfA Depiction by shading or crosshatching of all required parking lot interior landscaped areas; NfA Location of all solid waste containers, recycling or trash handling areas and outside mechanical equipment and all required screening (per Section 3-201 (D)(i) and Index #701}; NfA Location of all landscape material; Nf A Location of all onsite and offslte storm-water management facilities; NfA Location of all outdoor lighting fixtures; and N/A Location of all existing and proposed sidewalks. NfA '" '" '" '" '" '" . SITE DATA TABLE for existing, required, and proposed development, in written/tabular form: Land area In square feet and acres; See paQe 1 of this document Number of EXISTING dwelling units; See narrative (fact sheet) Number of PROPOSED dwelling units; See narrative (fact sheet) Gross floor area devoted to each use; NfA Parking spaces: total number, presented In tabular form with the number of required spaces; N/A Total paved area, including all paved parkin9. spaces and driveways, expressed in square feet and percentage of the paved vehicular area; Size and species of all landscape material; NfA NfA Official records book and page numbers of all existing utility easement; N/A Building and structure heights; Impermeable surface ratio (I.S.R.); and NfA Floor area ratio (FAR.) for all nonresidential uses. N/A '" '" - '" . REDUCED SiTE PLAN to scale (8 Yz X 11) and color rendering if possible; FOR DEVELOPMENTS OVER ONE ACRE, provide the following additional information on site plan: One-foot contours or spot elevations on site; N/A Oftsite elevations if required to evaluate the proposed stormwater management for the parcel; NI A All open space areas; NfA Location of all earth or water retaining walls and earth berms; N/A Lot lines and building lines (dimensioned); NfA Streets and drives (dimensioned); NfA Building and structural setbacks (dimensioned); NfA Structural overhangs; NfA Tree Inventory; prepared by a "certified arborist", of all trees 8" DBH or greater, reflecting size, canopy (drip lines) and condition of suc~y~es. CJ Page 3 of 6 - Flexible Development Application - City of Clearwater ~ .-----\ .-~ / ' G. STORMWATER PLAN SUBMITTAL REQUIREMENTS: (City of Clearwater Design Criteria Manual and 4-202.A.21) N/A o STORMWATER PLAN including the following requirements: _ N/A Existing topography extending 50 feet beyond all property lines; _ N/A Proposed grading including finished floor elevations of all structures; _ N/A All adjacent streets and municipal storm systems; _ N/A Proposed stormwater detention/retention area including top of bank, toe of slope and outlet control structure; _ N/A Stormwater calculations for attenuation and water quality; _ N/A Signature of Florida registered Professional Engineer on all plans and calculations o N/A COPY OF PERMIT INQUIRY LETTER OR SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT (SWFWMD) PERMIT SUBMITTAL (SWFWMD approval is required prior to issuance of City Building Permit), if applicable o N/A COpy OF STATE AND COUNTY STORMWATER SYSTEM TIE-IN PERMIT APPLICATIONS, if applicable . H. LANDSCAPING PLAN SUBMITTAL REQUIREMENTS: (Section 4-1102.A) o LANDSCAPE PLAN: N/A _ N/A All existing and proposed structures; _ N/A Names of abutting streets; _ N/A Drainage and retention areas including swales, side slopes and bottom elevations; _ N/A Delineation and dimensions of all required perimeter landscape buffers; _ N/A Sight visibility triangles; _ N/A Delineation and dimensions of all parking areas including landscaping islands and curbing; _ N/A Proposed and required parking spaces; _ N/A Existing trees on-site and immediately adjacent to the site, by species, size and locations, Including dripline; _ N/A Location, size, description, specifications and quantities of all existing and proposed landscape materials, Including botanical and common names; _ N/A Typical planting details for trees, palms, shrubs and ground cover plants including instructions, soil mixes, backfilling, mulching and protective measures; N/A Interior landscaping areas hatched and/or shaded and labeled and Interior landscape coverage, expressing in both square feet and percentage covered; _ N/A Conditions of a previous development approval (e.g. conditions imposed by the Community Development Board); _ N/A Irrigation notes. o N/A REDUCED LANDSCAPE PLAN to scale (8 Yz X 11) (color rendering if possible); o N/A IRRIGATION PLAN (required for level two and three approval); o N/A COMPREHENSIVE LANDSCAPE PROGRAM application, as applicable. I. BUILDING ELEVATION PLAN SUBMITTAL REQUIREMENTS: (Section 4-202.A.23) N/A Required in the event the application Includes a development where design standards are in Issue (e.g. Tourist and Downtown Districts) or as part of a Comprehensive Infill Redevelopment Project or a Residentiallnfill Project. I CJ BUILDING ELEVATION DRAWINGS - all sides of all buildings Including height dimensions, colors and materials; CJ REDUCED BUILDING ELEVATIONS - four sides of building with colors and materials to scale (8 Yz X 11) (black and white and color rendering. if possible) as required. J. SIGNAGE: (Division 19. SIGNS I Section 3-1806) N/A a All EXISTING freestanding and attached signs; Provide photographs and dimensions (area, height, etc.). Indicate whether they will be removed or to remain. o All PROPOSED freestanding and attached signs; Provide details including location, size, height, colors, materials and drawing CJ Comprehensive Sign Program application, as applicable (separate application and fee required). CJ Reduced slgnage proposal (8 Yz X 11) (color), if submitting Comprehensive Sign Program application. Page 4 of 6 - Flexible Development Application - City of Clearwater ~ .-' " . . K. TRAFFIC IMPACT STUDY: (Section 4-801.C) Q Include as required If proposed development wlll degrade the acceptable level of service for any roadway as adopted in the Comprahenslve Plan. Trip generation shall be based on the most recent edition of the Institute of Transportation Engineer's Trip General Manual. Refer to Section 4-801 C of the Community Development Code for exceptions to this requirement. L. SIGNATURE: /f}~ ~ Ign u pr owner;l~r sentative ;J~~ I, the undersigned, acknowledge that all representations made In this application are true and accurate to the best of my knowledge and authorize City representatives to visit and photograph the property described in this application. 1:6'. ~DD1M84 \1;.1 Expires June 30. 200G Page 5 of 6 - Flexible Development Application - City of Clearwater .- I Il~Y .. P~Q, DS_CONSULTING . HOV-17-.2BB~ 01:~5 ~ ...., 1.........-''-'...." .......L..l 1 U~~ 727'---74'79 .._. ..I. l.J lJ . P.B2 M. A"'OA\fly TO 4UTHOlttzE AOINT: L"La!n\'1l\.)"'I~ ~AlI\i'n~ INC. (NI/fttt Oi:rr 1H'OHlI~ IIWIIlII'tl t. Thill (I 1111111'''" ----L.$LL lder(,) ,rlllo III/It(ng ~"1IIIM4 JII'Op.rty (Iddrtw Cll'1II1111'11l&etk")' ~ vn , oJ.,.. ~I't-f A.. 2. n.., till. ~ can.llM.. III. ~Ptnr fur ~ . IWQUHI tor .~ (dHCII'Ibt rtCIUM1) ( /I ""N~ 'lfllt,~~ .,,0,*,(' c.",-",. A ia V i:.;b &.r A' It\ ," -lac. 90" C.\\,-~ ' ..,.. 3. 'that Iht IN~ ('-"'M) .D"~ WId (10M/do) fI'Ont:- . RJU- J.ltI.... ",. ~, ~~ r~'''C'" e:;"1lf I{,,,, "I~'~ -.cutt In)'~, or oilier ctoc..m"'IIIltCIIII~ C111l1l'tct tl'CIlIMIUIIotI; 4. T'MII.. .llIaIiI lilt betfl "'lIUtH 10 InMalhe ClI, of CiIe.......lIt. Florfd'lO oon,lGt, anold on the IbcIYe CllNtfMd ~r; e. """1il1 n.a III I'" ~ .... nlCllHfy ~ CIy ..",....,IIlJy.t In lIl'lfer 10 DI'llCltU IN, 'PlIIIea'''" '"cI tIw c""""'IIUII1oIllM CilV l't1X'1Nn1l1hlu Ie ,,'-. IIl4 ~108_ !hi PftIPI"Y CItIcrhd 'n 1NIe,l1l'loltlort; · ....,..., ....-..-. ""'" - ,...,"'"-."..... ""'"',v -II - ","on, Owne, pres ,. de J PI'lIP'''rOwnlr Clu u....L_ 7iw"J,,""'$ ..z; StATI OF FLORIDA. r W""f" I -'l(. My 00I\\I'1II1.I0Il E."lrt.: ~~ MItjon.,t Ev... . . My CommisSIon 00257231 ~ e.,... ~\IIry 11 lOOI . III P'III' or a - FIltafbJI o.vtlo_'".~t Applleemcn - Cltr or CIIIlWlllr .---, . . .- ATTACHMENT A , PROPOSED ISLAND TOWNHOMES MULTI-USE DOCKS COMMERCIAL DOCK CRITERIA SECTION 3-601 C.3.(a) through (g) (a) Use and Compatibility The docks will be for the sole use of the occupants of the 10 unit townhome community. Please note the townhomes are owned fee simple from curbline to waterline. Thus each town home lot has riparian rights. The docks are designed as 5 shared private docks proving two slips each, one for each adjacent property owner. As noted in item 9 of the enclosed Fact Sheet (Attachment B), the proposed townhomes are consistent with the Beach by Design guidelines adopted February 15, 2001 by the City. Specifically, under the heading Brightwater Finger Redevelopment, it states "Strategies for Revitalization calls for the conversion of this area to three and four level townhouses and time shares. Regulations should encourage development that is consistent with redevelopment that occurs across the waterway." The existing community typically has smaller docking facilities consistent with the age and character of the existing site developments. . Most of the existing docks were built many years ago when boats were much smaller. The construction of upgraded docking facilities to accommodate larger boats is consistent with redevelopment and the construction of upscale three and four level townhomes, as envisioned and encouraged by the Beach by Design guidelines. Purchasers of such upscale residences expect to have upgraded amenities such as larger wet slips for their boats. Due to the redevelopment the area is undergoing, the dock patterns in the general vicinity of this site will undergo change. A new, upgraded pattern of docking facilities will replace the old. (b) Impacts on Existing Water Recreation Activities The dock is designed so as to not create any adverse impact on persons using the adjacent waterways for recreational or commercial purposes. The docks are designed to not project further than 25 % of the waterway width into the waterway and will have no impact on the boat slips located on the shoreline to the south. ( c) Impacts to Navigation The dock as proposed should have no detrimental impact on users of the adjacent waters. See item (b) above. (d) Impacts on Marine Environment There are no valuable submerged resources or vegetation (mangroves) in the project area. The docks should therefore not have any impact on the marine environment. .~\ . . , (e) Impacts on Water Quality As noted on the plans, the depth of water in the area where boats will berth is a minimum of approximately~' 3.0 feet at mean low water to a maximum of7 feet. This should provide in excess of one foot of clearance between the lowest member of a vessel and the bottom at mean low water. The mooring of 10 vessels at the facility should not adversely impact water quality. Also, note that the Applicants are requesting boat lifts for all slips. This will be a positive impact on water quality as the bottom paint will not be in the water at all times. (f) Impacts on Natural Resources' There are no natural resources in the dock/mooring areas. (g) Impacts on Wetlands HabitaUUplands The docks will not have an adverse impact on the adjacent uplands but will serve to enhance the uplands. . . A IT ACHMENT B REVISED 01/05/2004 PROPOSED ISLAND TOWNHOMES MULTI-USE DOCKS FACT SHEET AND DIMENSIONAL CRITERIA SECTION 3-601C.3.(h) 1. Proposed Use: The proposed use is a multi-use dock to provide 10 slips for residents of the proposed 10 -zero lot line, fee simple-owned townhomes. The slips are designed to accommodate boats up to 45 feet in length. Note the slips are 54.0 feet in length but 3 feet of depth does not occur until approximately 14' waterward of the seawall. 2. Property Width: The property width measured at the shoreline is 180' (MOL). 3. Setbacks: The properties to the east and west are multi-family. The required setbacks are 18' from either property. Letters of no objection are enclosed from both property owners addressing their non- objection for the structures to be set back less than the required 18 feet. 4. Length: The dock extends 54.0' from the seawall which is less than 75% of the width of the property as measured at the shoreline or 180'. 5. Width: The proposed width of the structure is 178' which exceeds the 75% criteria for multi-use docks. The letters of no objection as noted in item 3 above should suffice for the staff to grant a variance form the 75% rule. 6. Area: The total area of the 5 proposed docks is 1,080 square feet. 7. Width of Waterway: The width of the waterway at the location of the proposed dock as measured perpendicular to the shoreline is approximately 247'. The proposed docks extend from the shoreline 54.0', which is less than 25% of the waterway width. . . 8. Submerged Resources There are no valuable submerged resources in the dock and boat mooring areas. 9. Beach by Design: The proposed town homes are consistent with the Beach by Design guidelines adopted February 15, 2001 by the City. Specifically, under the heading Brightwater Finger Redevelopment, it states "Strategies for Revitalization calls for the conversion of this area to three and four level townhouses and time shares. Regulations should encourage development that is consistent with redevelopment that occurs across the waterway." The purchasers of waterfront townhomes of this nature expect to have amenities such as wet slips for their boats. e"'-"\ er ." , ~ VARIANCE REQUEST FORM Application 1# (OFFICIAL USE ONLY) Let;t Lot Owner's Name: Mailing Address: Zip: I certify that I am the owner of Lot proposes to construct a Commercial CJ which adjoins the property owned by the applicant who Multi-use CJ Private. dock at the following address: I have seen the plans of the proposed structure(s) with any requested variances (see Section IVB of Application) and therefore: DO OBJECT 0 DO NOT OBJECT . to the construction. OWNER'S SIGNATURE: X Date NOTARY: STATE OF FLORIDA. PINELLAS COUNTY, BEFORE ME, the undersigned authority, personally appeared , well known to me, or who provided a valid Florida Driver's License to be the person who executed the foregoing instrument and that he/she acknowledged to me, under oath, that he/she signed the same freely and voluntarily for the purposes expressed therein. Witness my hand and official seal this _ day of ,19_. Notary PubUe My commission expires: Right Lot Owner's Name: rA~f\O/.f6 Ct;VB 0; Ct...C-f)fl..W~ INe. Mailing Address: hr/D (Sk,-fty..)t' \J.)~ U.J.1".2I<<5l Zip: <..~7t'::f- I certifY that I am the owner of Lot 1.3 which adjoins the property owned by the applicant who proposes to construct a Commercial (] Multi-use e--Prlvate. dock at the following address: . l{p \ "BR\b~1"W9'~ ~\\.. . I have seen the plans of the proposed structure(s) with any requested variances (see Section IVB of Application) and T 0 DO NOT OBJECT. to the construction. OWNER'S SIG HE: of a boat lift within ess than 10 feet of my riparian line. Date ~~/D3 , NOTARY: STATE OF FLORIDA, PINELLAS COUNTY. BEFORE ME, the undersigned authority, ~ersonal1y epr~lI1'/lOd , well known to me, or who provided a valid Florida Driver's License to be the person who executed the foregoing instrument and that he/she acknowledged to me, under oath, that he/she signed the same freely and voluntarily for the purposes expressed therein. , .. ;Z~ Witness my hand and officia) seal this ~ day of , ~_. ~-R.~~~'~~ Mfe~~el Whaley : .:'~".: CommlSSIOII ND0244827 :'~" ~!ig Expires: Aug 2S. 2007 "'~o; fi.uo;," Bondodlhru """" Atlantic Bonding Co.. Inc. My commission expires: ~ w~L, - -. '~7cf7 ." . - ..VARIANCE REQUEST FORM .'" Application 1# I (OFFICIAL USE ONLY) Le(tLotOwner'sName: ii-AE/2 i.EAJIIU -JlIIN2/M1l'EN Mailing Address: 62 &) bUifi'l&?Vt/ 13/..~ ()u -;r::L Zip: dVb 7 I certify that I a~ the owner ~/ril~ adjoi-<the property owned by the applicant who proposes to construct a Commercial CI Multi-use !:.1'"-- Private. dock at the following addre8s: ~~L~-:D~lVe- . I have seen the plans of the proposed structure(s) with any requested variances (see Section IVB of Application) and therefore: DO OBJECT 0 DO NOT OBJECTl'JI to the construction. OWNE ' SIGNATURE: of a boat lift within I than 10 feet of my riparian line. X Date -3P O~.3 N :ARY: STATE OF ~ORIDJ\. PIN_EL.1b-S COUNT}!', BEFORE ME, the undersigned authority, person, ally appeared ~f'J. ~~A-fI,Z~'"QYV, well known to me, or who provided a valid Florida Driver's License to be the person who executed the foregoing instrument and that helshe acknowledged to me. under oath. that he/she signed the same freely and voluntarily for the purposes' ' expressed therein. ' Witness my hand and official seal this .f!!:l day of ~"""'\:.Q W\ \~ L , ~ 1 11; """..... . a r1A~ , ~.II-f) - - . . My CommIaIion 00123171 Notary utli~ \;.. ~ Expifva June 01, 2001 -~--.,,,,---"- My commission expires: Right Lot Owner's Name: Mailing Address: Zip: I certifY that I am the owner of Lot proposes to construct a Commercial IJ which adjoins the properly owned by the applicant who Multi-use 0 Private. dock at the following address: I have seen the plans of the proposed structure(s) with any requested variances (see Section IVB of Application) and therefore: DO OBJECT D DO NOT OBJECT. to the construction. OWNER-S SIGNATURE: X' .D~ NOTARY: STATE OF FLORIDA, PINELLAS COUNTY, BEFORE ME, the undersigned authority, personally appeared , well known to me, or who provided a valid Florida Driver's License to be the person who executed the foregoing instrument and that helshe acknowledged to me, under oath, that helshe signed the same freely and voluntarily for the purposes expressed therein. Witness my hand and official seal this _ day of , 19 _' Notary Public My commission expires: . , . .. 11\........ 'oJ , . _'-'I. ,-IIIIL I (;, ....~<,;. ,;:.~~j,z ,. T~i~ Inslnlll1CI1( I''';,~aroikl;)';iukl': . ' ..~, fC~:lI11ll(): ,.,J'" .. {'".. ...,.... ,:<' I'alll Camp [.,\lIl.' ,'..'..- Lilll~ & ^~~ll\;i,H~~, P.A. ~i30 I Conroy I~oitd, SIl..'. 140 Orlando. Florida 32811 ut I I <rr,..J..J l,.. J. I I I L....,J ,I . I l .. ~. 'tu.. ..r----. 03-108983 MRR-IS-2003 1:05PM PINELLAS CO 8K :2609 PG 375 I 111m 11111 ~fl il/llllllml :lillll1l1l1l ~II .J1GU.J,~ p...: PurccllJmlilic!\liOll N ull1ho~: 08.29-' S.('493:!-QOn-o: 40~ Onl;l-15 (Wi3::!-OOO-UI~O OX-7lJ-I.'i-0493:.'.OUO-O Ill') WARRANTY DEED This WARRANTY DEED. made the ZA't'_ day of r~~, 2003. by ORIGH1VJA TER INVESTMENT lSTABLlSHFvlENT, a i...icchk:nstt::in Est IIshment, whose address is Zollstrasse 9. FL-9490 Vaduz. Liechtenstein, hereinafter called GRANTOR. to I CLEARWATER TOWNHOMES, INC., a Flonda Corporation, hereinafter called GRANTEE, whose address is 5301 Conroy Road, Suite 140, Orlando, Florida 32811. " ..- WITNESSETH: That GRANTOR for and in consideratIon of the sum of Ten Dollars and other good and valuable consideration, receipt whereof is hereby acknowledged, hereby grants, bargains, sells. alienates, remises, releases, conveys, and confirms unto GRANTEE, all that certain land situated in Pinellas County, Florida. viz: ') I / ....t.. ..,,,,... ..1 ',), ........ Lots 14, 15, and 16 Bayside Subdivision No.2. according to the map or plat thereof as recorded in Plat Book 27, Page 32 of the Public Records, of Pine lias County, Florida. .'; ut/Tbgether with all of the tenements, hereditaments, and appurtenances thereto belonging .,;' I or in anywise appertaining. . To Have and to Hold. the same in fee simple forever. This con'/eyance is also subject to easements, te~tflction~, limitations and conditions of record if any now exist, bLJt any such interests that may have been terminated are not hereuy Ie-imposed, and is subject also to applicable zoning ordinances and taxes. GRANTOR hereby covenants with GRANTEE that GRANTOR is lawfully seized of said land in fee simple; that the GRANTOR has good right and lawful authority to sell and convey this land; and tllat the GRANTOR hereby fully warrants the title to the land and will defend the same again~t t!'1e l.:lwful clailTls of all persons whomsoever. ''''...1\01' J. j ..........J U 4 '-....., r-" .~~~I L- Uf II...... ~ 4.....0 l. I j I L..." I ... 114 ~:""'Ii -..ldjU...... ~ P1NELLAS OFF REC.8K I-' . ~i COUNTY F""LA. 12609 FIG 376 f.. ,,- r In Witness Whereof GRANTOH has signed 2nd seaied these presents the day and year first above written. Signed, sealed, and delivered in our presence: x -4.' . "-41_,r." ....L~.'t 4.l' GRANTOR I. U An'dre-as SChU~i. Director VVitness 8\..... to.....cc;. ,.~u i..:. c.:.. '" X_.L~- ,-1 \'(.'...( .- ..... ---.,- -- Witness A t..<<:.>( t''' "\I .0 G ~\ .~t'I,)~I..: L -., t " .- "'J .. ..~ '," . \',,:~ i~'V' ,nuU,.. I' . IIUI.,oI ... I ....... '-' '~I. ..- .... I .:.::< ,- """ II~w...........I, I ~~, I . "" . f ... t-" r- 'lJ"'IUJ'IIr..1l1i\ 111'N~II:r~ P!NELLRS COLNTY rLA orr.REC 8K 12C09 PG 377 FUR5TLICHE5 LANDGERICHT t,~lenzeicIK:n bil'G iml'll::!r ollfUl1lCr1 1 R I'-:Z,2003.19 Offenthche Beurkundung Del' vOlstenende W(Jrrur~ty Deed vcm 21.02,2003 abgeschlossen zwischen Brigthwater Investment Estab!ishment, Vaduz, zugunsten van Cleorvvoter Townhomes Inc., Florida, rial heute Dr. Andreas Schurti, gelJoren am 10.12.1960, FL-9495 lriesen, St. Marmenenweg 26, Identitat Clusgewiesen durch Identitdtskartc des FOrstentums Liechtenstein Nr. 11899, ais VerNoltungsrat mil Einzelzeichnungsrecht des Brightwater Investment Establishment. 9490 Vaduz, gemass dem Auszug des Handelsregisters des FOrstentums Liechtenstein yom 21.02.2003, vor mir, Rechtspflegerin Isabelle Real-langenbClhn ais Urkundsper- son, abgegeben und eigenhondig unterzeichnet. Er erkl6rt, doss die vorste- r1ende Urkunde den ihm mitgeteilten Parteiwillen enthblt, der ihm zur Kenntnis gebracht wurdc. Furstliches Landgericht Vadu?21.Q2~7003/REiS " / /. ...// ,.' ,..../ / "C 15db~fle Rear~La'ng'~n6ah'n' .. .-" Urkundsperson ( .. ...,;'.~,if(-.::. . "',' : A' . . '. .~fi' " ~'t":;';') \~ 1~} ~~~ ~~~ . . : ."'i~ . \ 'I . . / , .1.' " . "'L,_ .~:~._: l;~:" e) ~ .. t'..... 'lor r Current Map @ 1998 by Rand McNally & Company. All rights reserved. Woods Confulting . Environmental Permitting Marine Engineering Land Planning January 5, 2004 322 Ridge Road Palm Harbor, FL 34683 Sent via fax (3 paoes to 562-4865) and US Mail Brian Berry City of Clearwater Planning Department 100 South Myrtle Clearwater, Florida 33756 Re: Island Townhomes Private Shared Docks FLD #2003-11058 Vessel Draft Considerations Dear Brian: As a follow up to our telephone conversation this date, we designed the docks at Island Townhomes to be 54 feet in length. Based on the bathymetry of the waters, the depth at mean low water (MLW) is 3 feet at approximately 14 feet waterward of the seawall. The Southwest Florida Water Management District (SWFWMD), who have recently begin processing applications for townhome docks/slips, rather than the Department of Environmental Protection (DEP), has taken the position that a minimum of one foot of clearance is needed between the vessel or engine keel or propeller (with the engine in the fully lowered position), which ever is lower, and the submerged bottom (See question #30 on the Brightwater Townhomes docket, FLD2002-09026, enclosed). SWFWMD has interpreted this required depth to be on the order of 3 feet at mean low water (MLW). We would note that the Pinellas County Aquatic Preserve rules, under 18-20, F.A.C., only requires 2 feet of depth at a mooring slip. SWFWMD holds the 3 feet requirement under guidance which they refer to as "minimization" rules which are very esoteric and non- objective. (We would note that the DEP, historically, has not imposed such a stringent interpretation). Given the above, SWFWMD would consider the first 14 feet of the mooring area as unusable and, depending on boat draft, that may be the case. (SWFWMD does not seem to understand that boaters do not intentionally back into shallow water with no regard to the potential for damage to their running gear). We therefore designed the docks to provide a 40 foot mooring area with depths in excess of 3 feet at MLW. We would also note that most if not all of the boat owners will have lifts installed. Should you require further information, please give me a call. My regards, Bill Woods Woods Consulting, Inc. C:\Projects\Rogers Clearwater (Island) Town Homes (073-02)\Clearwater Townhomes 25 Brian Ltr.wpd Office: (727) 786-5747 Fax: (727) 786-7479 Email: billwoods@woodsconsulting.org An Equal Opportunity Employer Ronnie E. DullClln Chair, Pinellas Thomas G. DlIbney, II Vice Chair, Sarasota HeIdi .. MCC.... Secretary, Hillsborough Wilbon L H8ynn, II Treasurer, Pinellas Edw_ W. CIuInce Manatee Monroe MAlw Coogler Citrus MllUle N. Dominguez Hillsborough P_ela L Fentress Highlands Ron8ld C. Johnson Polk JIIIHIf: D. KovllCh Hillsborough John K. Renke, III Pasco E. D. MSonnyW Vergar8 Executive Director Glene A. Nellth Assistant Executive Director William S. .IIenky General Counsel Soutltvest Florida Water Management District - -.. ___~'/,f[o/!r~^-....r"'!"~~ Tampa Service OffIce 7601 Highway 301 North Tampa, Aorida 33637-6759 (813) 985-7481 or 1-800-836-0797 (FL only) SUNCOM 578-2070 Bartow Service Office 170 Century Boulevard Bartow, Aorida 33830-7700 (863) 534-1448 or 1-800-492-7862 (FL only) SUNCOM 572-6200 November 1, 2002 Richard Wasilewski, P.E. 1520 Chateawood Drive Clearwater, FL 33764 2379 Broa.eet, Brooksville, Florida 34604-6899 (352) 796-7211 or 1-800-423-1476 (FL only) SUNCOM 628-4150 TOD only 1-800-231-6103 (FL only) On the Internet at: WaterMatters.org Sarasota Service Office 6750 Fruitville Road Sarasota, Aorida 34240-9711 (941) 377-3722 or 1-800-320-3503 (FL only) SUNCOM 531-6900 Lecanto Service Office 3600 West Sovereign Path Suite 226 Lecanto, Florida 34461-8070 (352) 527-8131 SUNCOM 667-3271 Request for Additional Information Project Name: Brightwater Townhomes Docks Application No: 43024045.001 Ccunty: P!ne!las SecfTwp/Rge: 8/29S/15E Chapters 400-1, 4, 40, and 400, Florida Administrative Code (FA C.) Sections 373.4141 and 120.60, Florida Statutes (F.S.) Dear Mr. Wasilewski: Subject: Reference: Before the District can complete its review of the permit application referenced above, the information itemized on the enclosed checklist must be received. Please ensure that your response to the checklist, including checks, . is received in this office within 30 days from the date of this request; . references the permit application number; and, . includes three copies of all requested information. Failure to provide this information within 30 days will delay the processing of the permit application, and may result in the permit application being denied. If the additional information cannot be provided within that time period, you may make a written request for a time extension, provided that an acceptable justification for the time extension accompanies the request. The time extension request should be received within 30 days from the date of this letter. Please contact James P. Marshall at the Brooksville office, extension 4343, for assistance with Articles of Incorporation for the Association and Declarations of Protective Covenants/Deed Restrictions. Please forward these documents to me with your response. Pursuant to Section 373.4141 (1), F.S., if you believe this request for additional information is not authorized by law or rule, you may request a hearing pursuant to Sections 120.569, 120.57, F.S., and Chapter 28-106, FAC., of the Uniform Rules of Procedure.A request for hearing must: (1) explain how the substantial interests of each person requesting the hearing will be affected by the District's action, or proposed action, (2) state all material facts disputed by the person requesting the hearing or state that there are no disputed facts, and (3) otherwise comply with Chapter 28-106, F.A.C. Copies of Sections 28-106.201 and 28-106.301, FAC. are enclosed for your reference. A request for hearing must be filed with (received by) the Agency Clerk of the District at the District's Brooksville address within 21 days of receipt of this notice. Receipt is deemed to be the fifth day after the date on which this notice is deposited in the United States mail. Failure to file a request for hearing within this time period shall constitute a waiver of any right you or such person may have to request a hearing under Sections 120.569 and 120.57, F.S. Mediation pursuant to Section 120.573, F.S., to settle an administrative dispute regarding the District's action in this matter is not available. . . Application No.: Project Name: Page 4 43024045.001 Brightwater Townhomes Docks PLANS: 19. 20. 21. 22. 23. 24. 26. 27. 28. 29. -* for Class III Outstanding Florida Waters (OFWs). Also, please indicate where in the water column each sample was taken and what the prevalent conditions were at the time of sampling (e.g., tide direction, rain, winds, etc). In instances where existing ambient water quality does not meet water quality standards, the applicant must implement measures to cause a net improvement of the water quality. [Rule 62-302.530, FAC., and ERP Basis of Review, Subsections 3.2.4. and 3.3.1.4.] Please provide the elevation datum on the construction plans. [Rule 400-4.101 (1)(c), FAC.] Please provide a bathymetric survey encompassing the dock and mooring areas and a the ingress and egress areas out to the main navigational channel. [Rule 400-4.101 (1 )(c), F.A.C.] Please identify the mean high and meal low water elevations on the construction plans. [Rule 400- 4.101(1)(c), FAC.] Please quantify on the construction plans, the number, size and type of vessels proposed to be moored, permanently or temporarily, at the facility. [Rule 400-4.101 (1 )(c), F.A.C.] Please provide a detailed description of the dock construction methodology to be utilized for this project. [Rule 400-4.101 (1)(c), FAC.] Clearly show on the construction plans the locations of erosion control measures, floating turbidity barriers, and any proposed mixing zones. [Rule 400-4.101 (1 )(c), F.A.C.] Please identify the locations of the proposed manatee protection signage and provide an example of the signage on the construction plans. [Rule 400-4.101 (1 )(c), F.A.C.] Please remove all reference to the proposed upland residential construction from the plan sheets, [Rule 400-4.101 (1 )(c), F.A.C.] Please dimension all aspects of the proposed docks and mooring piles on the construction plans. Insufficient dimensions were provided on the submitted plans to actually build the facility. [Rule 400-4.101 (1 )(c), F.A.C.] Please provide a detail of the proposed hand rails to be used in the facility in the areas where mooring is prohibited. Also, please show locations of appropriate "No Mooring" signage on the construction plans and provide an example of the signage on the construction plans. [Rule 400- 4.101(1)(c), F.A.C.] Please identify on the construction plans any proposed vessel draft restrictions and provide appropriate signage at the associated mooring slip. Please show an example of appropriate signage on the construction plans. This is especially of concern for the southwestern slip. The vessel drafts should be limited to avoid propeller scouring of the seagrasses or the bay bottom. Generally, a minimum of one foot of clearance is needed between the vessel or engine keel or propeller, whichever is lower, and the submerged bottom or the tops of seagrasses. Drafts of outboard engines should be considered when in theirfully lowered positions. [Rule 400-4.1 01 (1 )(c), F.A.C.] OPERATION AND MAINTENANCE AND LEGAL DOCUMENTATION: 31. Please provide a copy of the deed or other proof of ownership for the adjacent uplands. [ERP Application Form, Section E, Part F.6.] ... . . . . SUBMIT 12 COPIES OF THE ORIGINAL APPLICATION including 1) collated, 2) stapled and 3) folded sets of site plans . SUBMIT APPLICATION FEE $ 1205.00 " .," €I Planning Department .,. l earwater 100 South Myrtle Avenue , .' Clearwater, Florida 33756 : ~ Telephone: 727-562-4567 o~ Fax:727-562-4865 CASE #: . SUBMIT ORIGINAL SIGNED AND NOTARIZED APPLICATION * NOTE: 13 TOTAL SETS OF INFORMATION REQUIRED (APPLICATIONS PLUS SITE PLAN SETS) CITY OF CLEARWATER FLEXIBLE DEVELOPMENT APPLICATION (Revised 11/05/02) -PLEASE TYPE OR PRINT- A. APPLICANT, PROPERTY OWNER AND AGENT INFORMATION: (Code Section 4-202.A) APPLICANT NAME: Paul Camp Lane, Esquire, Clearwater Townhomes, Inc. MAILING ADDRESS: 7087 Grand National Drive, Suite 100, Orlando, Florida 32819 PHONE NUMBER: (407) 316-0343 FAX NUMBER: (407) 316-0372 PROPERTY OWNER(S): Clearwater Townhomes, Inc. (Must include ALL owners) AGENT NAME: Bill Woods - Woods ConsultinQ, Inc. MAILING ADDRESS: 322 RidQe Road PHONE NUMBER: (7271186-5747 CELL NUMBER: (727) 871-0084 PAw\\. AA~41- \ FL- ~~~ ~ FAX NUMBER: (727) 786-7479 E-MAIL ADDRESS: billwoods@woodsconsultinQ.orQ B. PROPOSED DEVELOPMENT INFORMATION: (Code Section 4-202.A) STREET ADDRESS: 161 Brightwater Drive, Clearwater, Florida 33567 LEGAL DESCRIPTION: LOTS 14,15 & 16 BAYSIDE SUBDIVISION NUMBER 2, PLAT BOOK 27, PAGE 33 PARCEL NUMBER: 08-29-15-04932-000-(0160.0150. &0140) PARCEL SIZE: 0.06 acres; 2.482 square feet (acres, square feet) PROPOSED USE(S) AND SIZE(S): 10 zero lot line, fee simple-owned townhomes being constructed on uplands (number of dwelling units, hotel rooms or square footage of nonresidential use) 5 shared docks as accessory uses to the townhomes. Note uplands approved per #FLD 2002-11042 DESCRIPTION OF REQUEST(S): Docks designed as 5 private shared docks. The City is considering the (indude all requested code deviations; e.g. reduction in required number of parking spaces, specific use, etc.) docks as multi-use docks. Thus the request is for approval of a multi-use dock. Page 1 of 6 - Flexible Development Application - City of Clearwater y . . ,f, ~OES THIS APPLICATION INVOLVE THE TRANSFER OF DEVELOPMENT RIGHTS (TDR), A PREVIOUSLY APPROVED PLANNED UNIT DEVELOPMENT, OR A PREVIOUSLY APPROVED (CERTIFIED) SITE PLAN? YES _ NO ~ (if yes, attach a copy of the applicable documents) C. PROOF OF OWNERSHIP: (Code Section 4-202.A.5) . SUBMIT A COPY OF THE TITLE INSURANCE POLICY, DEED OR AFFIDAVIT ATTESTING TO THE OWNERSHIP OF THE PROPERTY Enclosed D. WRITTEN SUBMITTAL REQUIREMENTS: (Code Section 3-913.A) . Provide complete responses to the six (6) GENERAL APPLICABILITY CRITERIA - Explain how each criteria is achieved, in detail: 1. The proposed development of the land will be in harmony with the scale, bulk, coverage, density and character of adjacent properties in which it is located. Request is for multi-use dock in excess of 500 square feet. 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. See 1 above and Attachments A and B enclosed. 3. The proposed development will not adversely affect the health or safety or persons residing or working in the neighborhood of the proposed use. See 1 above and Attachments A and B enclosed. 4. The proposed develoPment is designed to minimize traffic congestion. Docks are for use by residents of town homes only. 5. The proposed development is consistent with the community character of the immediate vicinity of the parcel proposed for development. See 1 above and Attachments A and B enclosed. 6. The design of the proposed development minimizes adverse effects, including visual, acoustic and olfactory and hours of operation impacts, on adjacent properties. See 1 above and Attachments A and B enclosed. I:l Address the applicable flexibility criteria for the specific land use as listed in each Zoning District to which the waiver is requested (use separate sheets as necessary) - Explain how criteria is achieved, in detail: See 1 above. Page 2 of 6 - Flexible Development Application - City of Clearwater . . . ~'. SUPPLEMENTAL SUBMITTAL REQUIREMENTS: (Code Section 4-202.A) . SIGNED AND SEALED SURVEY (including legal description of property) - One original and 12 copies; Enclosed o TREE SURVEY (including existing trees on site and within 25' of the adjacent site, by species, size (DBH 4" or greater), and location, including drip lines and indicating trees to be removed); n/a . LOCATION MAP OF THE PROPERTY; Enclosed o PARKING DEMAND STUDY in conjunction with a request to make deviations to the parking standards (ie. Reduce number of spaces). Prior to the submittal of this application, the methodology of such study shall be approved by the Community Development Coordinator and shall be in accordance with accepted traffic engineering principles. The findings of the study will be used in determining whether or not deviations to the parking standards are approved; n/a o GRADING PLAN, as applicable; n/a . PRELIMINARY PLAT, as required (Note: Building permits will not be issued until evidence of recording a final plat is provided); n/a o COPY OF RECORDED PLAT, as applicable; n/a F. SITE PLAN SUBMITTAL REQUIREMENTS: (Code Section 4-202.A) . SITE PLAN with the following information (not to exceed 24" x 36"): All dimensions; North arrow; Engineering bar scale (minimum scale one inch equals 50 feet), and date prepared; Location map; Index sheet referencing individual sheets included in package; Footprint and size of all EXISTING buildings and structures; Footprint and size of all PROPOSED buildings and structures; All required setbacks; All existing and proposed points of access; N/A All required sight triangles; N/A 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; N/A Location of all public and private easements; N/A Location of all street rights-of-way within and adjacent to the site; N/A Location of existing public and private utilities, including fire hydrants, storm and sanitary sewer lines, manholes and lift stations, gas and water lines; N/A All parking spaces, driveways, loading areas and vehicular use areas; N/A Depiction by shading or crosshatching of all required parking lot interior landscaped areas; N/A Location of all solid waste containers, recycling or trash handling areas and outside mechanical equipment and all required screening {per Section 3-201 (D)(i) and Index #701}; N/A Location of all landscape material; N/A Location of all onsite and offsite storm-water management facilities; N/A Location of all outdoor lighting fixtures; and N/A Location of all existing and proposed sidewalks. N/A 01' 01' 01' 01' " " . SITE DATA TABLE for existing, required, and proposed develqpment, in written/tabular form: Land area in square feet and acres; See pa~e 1 of thiS document Number of EXISTING dwelling units; See narrative (fact sheet) Number of PROPOSED dwelling units; See narrative (fact sheet) Gross floor area devoted to each use; N/A Parking spaces: total number, presented in tabular form with the number of required spaces; N/A 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; N/A N/A Official records book and page numbers of all existing utility easement; N/A Building and structure heights; Impermeable surface ratio (I.S.R.); and N/A Floor area ratio (FAR.) for all nonresidential uses. N/A 01' " " . REDUCED SITE PLAN to scale (8 Yo X 11) and color rendering if possible; FOR DEVELOPMENTS OVER ONE ACRE, provide the following additional information on site plan: One-foot contours or spot elevations on site; N/A Offsite elevations if required to evaluate the proposed stormwater management for the parcel; N/A All open space areas; N/A Location of all earth or water retaining walls and earth berms; N/A Lot lines and building lines (dimensioned); N/A Streets and drives (dimensioned); N/A Building and structural setbacks (dimensioned); N/A Structural overhangs; N/A Tree Inventory; prepared by a "certified arborist", of all trees 8" DBH or greater, reflecting size, canopy (drip lines) and condition of suc~}~es. o Page 3 of 6 - Flexible Development Application - City of Clearwater y . . G. STORMWATER PLAN SUBMITTAL REQUIREMENTS: (City of Clearwater Design Criteria Manual and 4-202.A.21) N/A 1:1 STORMWATER PLAN including the following requirements: _ N/A Existing topography extending 50 feet beyond all property lines; _ N/A Proposed grading including finished floor elevations of all structures; _ N/A All adjacent streets and municipal storm systems; _ N/A Proposed stormwater detention/retention area including top of bank, toe of slope and outlet control structure; _ N/A Stormwater calculations for attenuation and water quality; _ N/A Signature of Florida registered Professional Engineer on all plans and calculations 1:1 N/A COPY OF PERMIT INQUIRY LETTER OR SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT (SWFWMD) PERMIT SUBMITTAL (SWFWMD approval is required prior to issuance of City Building Permit), if applicable 1:1 N/A COPY OF STATE AND COUNTY STORMWATER SYSTEM TIE-IN PERMIT APPLICATIONS, if applicable . H. LANDSCAPING PLAN SUBMITTAL REQUIREMENTS: (Section 4-1102.A) 1:1 LANDSCAPE PLAN: N/A _ N/A All existing and proposed structures; _ NI A Names of abutting streets; _ N/A Drainage and retention areas including swales, side slopes and bottom elevations; _ N/A Delineation and dimensions of all required perimeter landscape buffers; _ N/A Sight visibility triangles; _ N/A Delineation and dimensions of all parking areas including landscaping islands and curbing; _ N/A Proposed and required parking spaces; _ N/A Existing trees on-site and immediately adjacent to the site, by species, size and locations, including dripline; _ N/A Location, size, description, specifications and quantities of all existing and proposed landscape materials, including botanical and common names; _ N/A Typical planting details for trees, palms, shrubs and ground cover plants including instructions, soil mixes, backfilling, mulching and protective measures; N/A Interior landscaping areas hatched and/or shaded and labeled and interior landscape coverage, expressing in both square feet and percentage covered; _ N/A Conditions of a previous development approval (e.g. conditions imposed by the Community Development Board); _ N/A Irrigation notes. 1:1 N/A REDUCED LANDSCAPE PLAN to scale (8 Y, X 11) (color rendering if possible); 1:1 N/A IRRIGATION PLAN (required for level two and three approval); 1:1 N/A COMPREHENSIVE LANDSCAPE PROGRAM application, as applicable. I. BUILDING ELEVATION PLAN SUBMITTAL REQUIREMENTS: (Section 4-202.A.23) N/A Required in the event the application includes a development where design standards are in issue (e.g. Tourist and Downtown Districts) or as part of a Comprehensive Infill Redevelopment Project or a Residentiallnfill Project. 1:1 BUILDING ELEVATION DRAWINGS - all sides of all buildings including height dimensions, colors and materials; 1:1 REDUCED BUILDING ELEVATIONS - four sides of building with colors and materials to scale (8 Y, X 11) (black and white and color rendering, if possible) as required. J. SIGNAGE: (Division 19. SIGNS I Section 3-1806) N/A 1:1 All EXISTING freestanding and attached signs; Provide photographs and dimensions (area, height, etc.), indicate whether they will be removed or to remain. 1:1 All PROPOSED freestanding and attached signs; Provide details including location, size, height, colors, materials and drawing 1:1 Comprehensive Sign Program application, as applicable (separate application and fee required). 1:1 Reduced signage proposal (8 Y, X 11) (color), if submitting Comprehensive Sign Program application. Page 4 of 6 - Flexible Development Application - City of Clearwater r- I . . .. , , K. TRAFFIC IMPACT STUDY: (Section 4-801.C) 1:1 Include as required if proposed development will degrade the acceptable level of service for any roadway as adopted in the Comprehensive Plan. Trip generation shall be based on the most recent edition of the Institute of Transportation Engineer's Trip General Manual. Refer to Section 4-801 C of the Community Development Code for exceptions to this requirement. L. SIGNATURE: Uk- Ign ur pr ownery~resentative ;/~~ I, the undersigned, acknowledge that all representations made in this application are true and accurate to the best of my knowledge and authorize City representatives to visit and photograph the property described in this application. r'j'. ~~OO1m84 '\'1;.1 Expires June 30. 2006 Page 5 of 6 - Flexible Development Application - City of Clearwater Nov 17 03 04:22p HOV-17-2BB~ ~1 :~S PM LANE & ASSCIATES,P.A. 411fDS_CONSULT[NG 001-4073160372 727 7.'479 p.5 P.02 M. AF'IDAVlT TO AUTHOJlttzE AOIiNT: ClaFA'Gl\.)A'1..... ...,-.&WAJ ~~.. I/VC. (N.me;;, .r,praof1lY OIllIlll'tJ I. ::J(' ~~1') JIllt. 'Jootd I Ide",,) ., In. /gn~ng ttIlO",* PI'OPfl1y (add..... ar gene~ Iee.tlon). A"'.(rwr ~ vn ,..;.... L.~""' A- 2. 3. Thellh, unll~tWd (~) 'IlPOIn~ n (dOlI/do) fPalnl: R;u- J.I~..,. it1:ltM. , ~ ~ -Ah, ./r ~ , II (htII!Ilelt,~ ..twit .ny ~, or Diller dOCt.lmtnll ",Ct..11\' to llfIltclouci1 P11IlUon; 4. fha( lnla affloa... hll belli "'!IUIU 10 InGYOIIn. Clly 01 elM""..." Flortd'lO oon.IG., 1n1l1lCf llA In. eo.... ClelMrI~ "~r1y; (;",.. 7~';t .. 5, 'tnll t\1I vlaltllo lhl propwtv .... n.~....1Y bv Cav "P,...~IIIJvI' In Cltder 10 DI'llClII 1"1, .ppbtlon .nd In. owner .Ull1onz.. City ~prlMnllllvu III 1011_ .114 ,*,otoatWIIIl IhIt PftIIlI"v C1l1crlbed In tNl.pplloltlon; II O~4~t COUNTY OF PII~LI.A6 - StATI OF FLORIDA, Be!or, m. l!'le ?d. 1ft ollbr "'y oomml&"Onlld /VD"€1II'l I(. PtrIClnalIY'I'lIIMd 0eQ0... ana' .~ lllellh. "'Ny ~n.lIl.ncM It., c My COl'\ml../oI1 bpi,.,: 1; Matjone It Ev_ _ ! . My CDmmlSSion 00257231 \. ~. -.I E~pl", J.nuery 1 7 2011I :IPl.,.,m, """~pptUUll~ ~.lI''''~nl'''--oIlRll'4/lOrt..._ '"_Ill __.na" lfJUl.tItI. P-1lI e 0111 - .....JIlI. O'~lIop,".nt Appllc'~on _ C~~ or CIe'rwallf . . . . ATTACHMENT A PROPOSED ISLAND TOWNHOMES MULTI-USE DOCKS COMMERCIAL DOCK CRITERIA SECTION 3-601C.3.(a) through (g) (a) Use and Compatibility The docks will be for the sole use of the occupants of the 10 unit townhome community. Please note the townhomes are owned fee simple from curbline to waterline. Thus each townhome lot has riparian rights. The docks are designed as 5 shared private docks proving two slips each, one for each adjacent property owner. As noted in item 9 of the enclosed Fact Sheet (Attachment B), the proposed town homes are consistent with the Beach by Design guidelines adopted February 15, 2001 by the City. Specifically, under the heading Brightwater Finger Redevelopment, it states "Strategies for Revitalization calls for the conversion of this area to three and four level townhouses and time shares. Regulations should encourage development that is consistent with redevelopment that occurs across the waterway." The existing community typically has smaller docking facilities consistent with the age and character of the existing site developments. Most of the existing docks were built many years ago when boats were much smaller. The construction of upgraded docking facilities to accommodate larger boats is consistent with redevelopment and the construction of upscale three and four level townhomes, as envisioned and encouraged by the Beach by Design guidelines. Purchasers of such upscale residences expect to have upgraded amenities such as larger wet slips for their boats. Due to the redevelopment the area is undergoing, the dock patterns in the general vicinity of this site will undergo change. A new, upgraded pattern of docking facilities will replace the old. (b) Impacts on Existing Water Recreation Activities The dock is designed so as to not create any adverse impact on persons using the adjacent waterways for recreational or commercial purposes. The docks are designed to not project further than 25 % of the waterway width into the waterway and will have no impact on the boat slips located on the shoreline to the south. ( c) Impacts to Navigation The dock as proposed should have no detrimental impact on users of the adjacent waters. See item (b) above. (d) Impacts on Marine Environment There are no valuable submerged resources or vegetation (mangroves) in the project area. The docks should therefore not have any impact on the marine environment. . . (e) Impacts on Water Quality As noted on the plans, the depth of water in the area where boats will berth is a minimum of approximately 3.0 feet at mean low water to a maximum of 7 feet. This should provide in excess of one foot of clearance between the lowest member of a vessel and the bottom at mean low water. The mooring of 10 vessels at the facility should not adversely impact water quality. Also, note that the Applicants are requesting boat lifts for all slips. This will be a positive impact on water quality as the bottom paint will not be in the water at all times. (f) Impacts on Natural Resources There are no natural resources in the dock/mooring areas. (g) Impacts on Wetlands HabitaUUplands The docks will not have an adverse impact on the adjacent uplands but will serve to enhance the uplands. . . . ATTACHMENT B PROPOSED BRIGHTWATER DRIVE MULTI-USE DOCKS FACT SHEET AND DIMENSIONAL CRITERIA SECTION 3-601 C.3.(h) 1. Proposed Use: The proposed use is a multi-use dock to provide 10 slips for residents of the proposed 10 zero lot line, fee simple-owned townhomes. The slips are designed to accommodate boats up to 45 feet in length. Note the slips are 61.1 feet in length but 3 feet of depth does not occur until approximately 15' waterward of the seawall. 2. Property Width: The property width measured at the shoreline is 180' (MOL). 3. Setbacks: The properties to the east and west are multi-family. The required setbacks are 18' from either property. letters of no objection are enclosed from both property owners addressing their non- objection for the structures to be set back less than the required 18 feet. 4. length: The dock extends 61.1' from the seawall which is less than 75% of the width of the property as measured at the shoreline or 180'. 5. Width: The proposed width of the structure is 178' which exceeds the 75% criteria for multi-use docks. The letters of no objection as noted in item 3 above should suffice for the staff to grant a variance form the 75% rule. 6. Area: The total area of the proposed docks is 1,195 square feet. 7. Width of Waterway: The width of the waterway at the location of the proposed dock as measured perpendicular to the shoreline is approximately 247'. The proposed dock extends from the shoreline 61.1', which is less than 25% of the waterway width. ~ . . 8. Submerged Resources There are no valuable submerged resources in the dock and boat mooring areas. 9. Beach by Design: The proposed town homes are consistent with the Beach by Design guidelines adopted February 15, 2001 by the City. Specifically, under the heading Brightwater Finger Redevelopment, it states "Strategies for Revitalization calls for the conversion of this area to three and four level townhouses and time shares. Regulations should encourage development that is consistent with redevelopment that occurs across the waterway." The purchasers of waterfront town homes of this nature expect to have amenities such as wet slips for their boats. . . VARIANCE REQUEST FORM Application # (OFFICIAL USE ONLY) Lef,t Lot Owner's Name: Mailing Address: Zip: I certify that I am the owner of Lot proposes to construct a Commercial g which adjoins the property owned by the applicant who Multi-use CJ Private. dock at the following address: I have seen the plans of the proposed structure(s) with any requested variances (see Section IVB of Application) and therefore: DO OBJECT r:J DO NOT OBJECT . to the construction. OWNER'S SIGNATURE: X Date NOTARY: STATE OF FLORIDA, PINELLAS COUNTY, BEFORE ME, the undersigned authority, personally appeared , well known to me, or who provided a valid Florida Driver's License to be the person who executed the foregoing instrument and that he/she acknowledged to me, under oath, that helshe signed the same freely and voluntarily for the purposes expressed therein. Witness my hand and official seal this _ day of ,19_. Notary Public My commission expires: Right Lot Owner's Name: PA~(\OI.('6 CJUG 0; Ct...C-fJf..lA.J1'f'7t7l INe. Mailing Address: b~O (Sl..-f'bJP \~f'ot-(' U..).1";2ID Zip: <.~7t+ I certify that I am the owner of Lot ~ which adjoins the property owned by the applicant who proposes to construct a Commercial (] Multi-use ~Private. dock at the following address: 1{P \ 'BR\b~1l.U'v'~ ~~. I have seen the plans of the proposed structure(s) with any requested variances (see Section IVB of Application) and th T [J DO NOT OBJECT. to the construction. OWNERtS BIG RE: of a boat lift within less than 10 feet of my riparian line. Date 9'~h3 , NOTARY: STATE OF FLORIDA, PINELLAS COUNTY, BEFORE ME, the undersigned authority, -eersonally ~ppp.l'lrpd. , well known to me, or who provided a valid Florida Driver's License to be the person who executed the foregoing instrument and that he/she acknowledged to me, under oath, that he/she signed the same freely and voluntarily for the purposes expressed therein. ;Z~ Witness my hand and officia) seal this JtJ day of , rn-_ . ..,~~~~y~;;,-, Mlehael Whaley {~:~'::1 Com.mis~ion #D0244827 -;. .... .;p ~ Expires. Au!!; 25, 2007 ",:~o;;i.o"" Bondcd"Thru "'/1'" Atlantic Bonding Co., Inc. My commission expires: ,~~ /;./&(!i.~ - .VARIANCE REQUEST FORM v~,- "} 7D~-;J!<" . . . Application # I (OFFICIAL USE ONLY) LefotLotOwner'sName: ktAEl2 iEAt/ll!7 ....p'1iN2/JA/TEN' Mailing Address: 625 blJLr/l/l2VtI ELro (AJ rL Zip: 2..5760 7 I certify that I am the owne/Z/ri&~~~ adjoi~he property owned by the applicant who proposes to construct a Commercial g Multi-use er-- Private III dock at the following address: ~~t~-:D~l\Jt:7 I have seen the plans of the proposed structure(s) with any requested variances (see Section !VB of Application) and therefore: DO OBJECT CJ DO NOT OBJECT'- to the construction. of a boat lift within I than 10 feet of my riparian line. Date~O~3 X N :ARY: STATE. OF fi;;!,RID~~ COUN~ BEFORE ME, the undersigned authority, persona. 1.IY appeared t"J.. -' .' ~I\,ZJtvt N, well known to me, or who provided a valid Florida Driver's License to be the person who executed the foregoing instrument and that helshe acknowledged to me, under oath, that helshe signed the same freely and voluntarily for the purposes expressed therein. Witness my hand and official seal this .fitl day of ~-'\:.Q W\. \~ ~ ,~ ~ r.1\. Can< ..... e rtA~ ' ~~ . ~ j My CommiSSIon DD12317t . -Notary. ublie . ~..r..'I ExpilV; .hJr.a Of, 200& My commission expires: Right Lot Owner's Name: Mailing Address: Zip: I certify that I am the owner of Lot _ which adjoins the property owned by the applicant who proposes to construct a Commercial (J Multi-use CJ Private III dock at the following address: I have seen the plans of the proposed structure(s) with any requested variances (see Section IVB of Application) and therefore: DO OBJECT 0 DO NOT OBJECT. to the construction. OWNER'S SIGNATURE: X Da~ NOTARY: STATE OF FLORIDA, PINELLAS COUNTY, BEFORE ME, the undersigned authority, personally appeared , well known to me, or who provided a valid Florida Driver's License to be the person who executed the foregoing instrument and that he/she acknowledged to me, under oath, that he/she signed the same freely and voluntarily for the purposes expressed therein. Witness my hand and official seal this _ day of , 19 _ . Notary Public My commission expires: Nov 17 03 04:20p ~ · ,f;'. .,,~,~~'i, , V"J,. ,i"I:'~1 l,;Ci TiJoi: Instr,ullcn': I'r~pa~:liY'il~~, IZ ..~: 1I1 ! l ~ () : I':lli! Camp t.,'.lll' Lilli\:: 8: /\SSlJl, idles, P,i\ ~Hll Conroy I~oad, Stl', 140 Orlando. Florid" J 28 II LANE & ASSCIATES,P.A. . 001-407-3160372 . 03-l08983 ~1;:;R-19-2003 I05PM P]t~:::Ll_RS CC 8K :2809 PG 375 111111111111 IIil11111 111111111 ilill illll 1111.11 p.2 l'artcllJcl\(ilicttliCll Numkls: 08-29-15-049 3:'.OOC-{) "Fl, Og:11l-15 (!'ltI3~-000-0! SO OX.!q. 15 .049J~'.OOO.O! IJ') WARRANTY DEED ThiS WARRANTY DEED. made Hle 2/1-::__ day of __rr~;#tf ,2003, by ORIGHTV/ATER IN\/ESTMENT lSTABLlSHMENT, a LicchLL;nstt.:in~11e:-l1, whose address is Zollstrasse 9. FL-9490 Vaduz, Liechtenstein, hereinafter called GRANTOR, to , CLEARWATER TOWNHOMES, lNC, a FlOrida Corporation, hereinafter called GRANTEE, whose address is 5301 Conroy Ruad, Suite 140, Orlando, Florida 32811, WITNESSETH: That GR.ANTOR for and In conSideration of the sum of Ten Dollars and other good and valuable consideration, receipt whereof is hereby acknowledged, hereby grants bargains, sells, alienates. remises. releases, conveys, and confirms unto GRANTEE, ali that certain land situated in Pinellas County, Florida, viz: '1 I;' ._).i- t..; .....~... Lots 14, 15, and 16 Bays:de Subdivision No.2, according to the map or plat thereof as recorded in Plat Book 27, Page 32 of the Public Records, of Pinellas County FlOrida, ..jl,r"f.bgether with ali of the teilemants, hereditamerlts, and apPLlrtenances thereto belonging ., , or in anywise appertainmg" To Have and to Hold the same In fee simple forever. This con'leyance is also subject to easements, lestllction~, limitations and conditions of record if any now exist, but any such interests that may have been terminated are not tlerelJy Ie-imposed, and is subject also to applicable zoning ordinances and taxes. GRANTOR hereby covenants with GRANTEE that GRANTOR is lawfully seized of said land in fee simple; that the GRANTOR has good right and lawful authority to sell and convey thiS land, and that the GRANTOR hereby fully warrants trl8 :itle to the land and will defend the same against t~~c IJv,'fui clailTls of all persons whomsoever. ~ LANE & ASSCIATES,P.A. . 001-40'7-3160372 . p.3 Nov 17 03 04:20p PINELLR5 COUNTY r~R OFF REC 8K 12609 PG 376 " . In Witness Whereof GRANTOr~ has signed 2nd seaied these presents the day and year first above written Signed, sealed, and delivered in our presence: X __~__'1j'. r LLi...... .... ~. GRANTOR \^/itness 8...,.. ,......f.e;. J.;~ u ;~ (:.-r I U ---- ._---~- Andreas Sdlurti, Director X / ~-- 1-'1 ,-c. ( ----f-u---r+--------- A' ,- > ,_,11 ' ,-t-i,),I~ l. Witness_~~\~-V ti :~~__ "'l .. LANE & ASSCIATES,P.A. . 001-4073160372 . 10.4 Nov 17 03 04:21p I" "'I'- . !.Jh',rLrJ'IIM lilf III r,'cliYJ P!NELLAS COLNTY FLA OFF' REC Bk 12E09 PG 377 r-:URSTLICHES LANDGERiCHT t,Uel-,zeichc:11 bih: ilrWI):';! ollf0hlcn lRJ~l.2QQ3. '-2. Offenthche Beurkundung Del" vorsterlende 'Nurrurdy Deed \lCrn 21 J12.2003 abgeschlossen zwischen BrigHlwater Investment Estab1ishrnent. Vaduz' zuguns;en von C1eorwoter Townhornes lnc:.. Florida, 'mt heute Di'. Andreas SChUlti, geboren am 10.12.1960, FL-9495 Triesen, St. Marmenenweg 26, Identitat C1usgewiesen durch Identitdtska:tc des FOrstentums ~iechtenstein Nr. 1 ]899, ais Verwoitungsrat iTlit Einzelzeichnungsrecht des Bri';lhtwater Investment EstClblishment. 9490 Vaduz, gemass dem Auszug des Handelsregisters des FOrstentums Liechtonstein vom 21.02.2003. vor mir, ReCht>pflegerin Isabel!e Reol-Lnngenbohn a:s Urkundsper- son, abgegeben und eigellh~"mdig unterzeichnet. Er erklort doss (jie vorste- !;ende UrKUnde den ihm mitgeteilten Parteiwillen enthblt, der ihm zlJr Kenntnis gebracht wurdc. Furstliches Landgerich1 Vadu?21.CJ2.j2003/REiS / ~/"(l' './/' .";; {.~' L""o- i.'v //>-- -( Isatlel1e Reaf-Langenbahn IJrkundsperson (. - --I ,_',.,~~ .,.\ J t ..-, "\ ....1"". . 't',',m !J.;~, of!" ~;~~'~~l"i "'i'i ':1 'dr; /:~ (I, I,.~~" '~~.; " , \ "/It " 'Ii ..,,'-.... .......-:.-..,...' f "- .. . . . t 'Ill. .. '.. ,. Current Map @ 1998 by Rand McNally & Company. All rights reserved. . . FLD2003-11058 161 BRIGHTWATERDRCOMMO Date Received: 11/18/2003 CLEARWATER TOWNHOMES, INC. ZONING DISTRICT: T LAND USE: RFH ATLAS PAGE: 276A PAl D CK.NO. f \~ CO DATE \\ <;<\D'?-1 r.t: ~ ~._ / .'l!~ ~i" < ~j~fllij NOV 1 8 2003 CL WCoverSheet Receipt #: 1200300000000012109 Date: 11/18/2003 11/18/2003 3:35:14PM Line Items: Case No Tran Code Description Revenue Account No Amount Paid Line Item Total: 1,205.00 $1,205.00 FLD2003-11058 04 Flexible Commercial 010-341262 Payments: Method Payer Bank No Account No Confirm No How Received Amount Paid . Check BILL WOODS CONSULTING slw 1108 In Person Payment Total: 1,205.00 $1,205.00 . THIS IS NOT A PERMIT. This is a receipt for an application for a permit. This application will be reviewed and you will be notified as to the outcome of the application. cReceipt.rpt Page 1 of 1 . . (1p-U~~ ~..'~M.OF ,.+'~~ ,~~.,.(iff~#h"'~ 4t~t\1 -~~'-1;;. 4t' c:.:5 K' I /!!!f!!Jfl ~ ~ .. ~"'-. .~-(\-~-.~. -.......~ = ..,....,,~ ..c;.~ :..::== .,Sj,4t ...-' ~ - - rt::'~ -~~-===-- i~r-."\ ~~~~~.,~~\\ "~~L~'I..t.\ CITY OF CLEARWATER LoNG RANGE PlANNING DEVELOPMENT REvIEW PlANNING DEPARTMENT POST OFFICE Box 4748, CLEARWATER, FLORIDA 33758-4748 MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756 TELEPHONE (727) 562-4567 FAX (727) 562-4576 April 23, 2004 Mr. Bill Woods Woods Consulting, Inc. 322 Ridge Road Palm Harbor, FL 34683 RE: Development Order regarding Case FLD2003-11058 at 161 Brightwater Drive Dear Mr. Woods: This letter constitutes a Development Order pursuant to Section 4-206.D.6 of the Community Development Code. On April 20, 2004, the Community Development Board reviewed your application for Flexible Development approval to permit the construction of five multi-use docks to provide 10 slips for a 10-unit Townhome under case number (FLD2002-11 042), with each dock measuring 60 feet in length from seawall and 1,400 square feet of total decking for the five proposed multi-use docks, under the provisions of Section 3-601. The Community Development Board (CDB) APPROVED the application with the following bases and conditions: Bases for Approval: 1. The proposal complies with the Flexible Development criteria under the provisions of Section 3-601. 2. The proposal is in compliance with other standards in the Code including the general applicability criteria per Section 3-913. 3. The dock development is compatible with current redevelopment efforts within the surrounding area. Conditions of Approval: 1. That Pinellas County Water Navigation, Florida Department of Environmental Protection (FDEP), U.S. Army Corps of Engineers and Southwest Florida Water Management District (SWFWMD) permits be approved prior to the issuance of building permits; 2. That a site plan indicating lighting on the end of dock to enhance navigation safety be submitted to and approved by Staff prior to the issuance of any permits; 3. That the National Fire Protection Association (NFPA) 303 standards for "marinas and boat yards" be met to the satisfaction of the Fire Department, prior to the issuance of building permits; BRIAN j. AUNGST, MAYOR-COMMISSIONER HoYf HAMILTON, VICE MAYOR-COMMISSIONER WHITNEY GRAY, COMMISSIONER FRANK HIBBARD, COMMISSIONER * BII,LjONSON, COMMISSIONER "EQUAL EMPLOYMENT AND AFFIRMATIVE ACTION EMPLOYER" . . April 23, 2004 Woods - Page Two 4. That boats moored at these docks be for the exclusive use by residents of the 161 Brightwater Drive Townhomes and that there be no commercial activities at the docks (bait sales, vending, etc.); 5. That the proposed dock be used for the sole use of the owners and/or guests of the townhomes and not be permitted to be sub-leased; 6. That dock-supported signage be permanently installed containing wording warning boaters of the existence of protected sea grasses and manatees in the vicinity; 7. That covered boatlifts be prohibited (uncovered boats lifts may be reviewed at an administrative level provided that all requirements of Section 3-601 are met); and 8. That all boats will be moored with there bows facing the seawall, keeping the lower units of all engines and rudders closest to the channel. Pursuant to Section 4-407, an application for a building permit shall be made within one year of Flexible Development approval (April 20, 2005). All required certificates of occupancy shall be obtained within one year of the date of issuance of the building permit. Time frames do not change with successive owners. The Community Development Board may grant an extension of time for a period not to exceed one year and only within the original period of validity. Please be aware that the issuance of this Development Order does not relieve you of the necessity to obtain any building permits or pay any impact fees that may be required. In order to facilitate the issuance of any permit or license affected by this approval, please bring a copy of this letter with you when applying for any permits or licenses that require this prior development approval. In addition, please be aware that under the provisions of Section 4-502.B. an appeal of a Level Two approval (Flexible Development) may be initiated by the applicant or any person granted party status with regards to the property (which is the subject of the approval) within 14 days of the date of the CDB decision. The filing of an application/notice of appeal shall stay the effect of the decision pending the final determination of the case. The appeal period for your case will expire on May 4, 2004. If you have any questions, please do not hesitate to call Bryan Berry, Planner at 727-562-4553. You can access zoning information for parcels within the City through our website: http://www.mvclearwater-fl.com/. Very truly yours, Cynthia H. Tarapani, AICP Planning Director S:\Planning Department\C D BlFlexl/nactive or Finished ApplicationslBrightwater 200 Brightwater Townhomes dock - ApprovedlBrightwater 200 DEVELOPMENT ORDER. doc e e CDB Meeting Date: Case Number: Agenda Item: Owner/Applicant: Representative: Address: April 20, 2004 FLD2003-11058 D1 Mr. Paul Camp Lane, Esquire, Clearwater Townhomes, Inc. Mr. Bill Woods - Woods Consulting 161 Brightwater Drive CITY OF CLEARWATER PLANNING DEPARTMENT ST AFF REPORT FILE COpy GENERAL INFORMATION: REQUEST: Flexible Development approval to permit the construction of five multi-use docks to provide 10 slips for a 10-unit Townhome under case number (FLD2002-11 042), with each dock measuring 60 feet in length from seawall and 1,400 square feet of total decking for the five proposed multi-use docks, under the provisions of Section 3- 601. EXISTING ZONING/ LAND USE: T, Tourist District; RFH, Resort Facilities High Category PROPERTY SIZE: 0.47 acres; 20,473 square feet PROPERTY USE: Approved Use: Attached dwellings (10 units; Townhomes) Proposed Use: Multi-use dock (10 slips) ADJACENT ZONING/ LAND USES: North: Tourist District/Attached dwellings (townhomes) West: Tourist District/Attached dwellings (townhomes) East: Tourist District/Attached dwellings (townhomes) South: Preservation District/Intracoastal waterway CHARACTER OF THE IMMEDIATE VICINITY: Multi-family dwellings, overnight accommodation uses dominate the immediate vicinity. ANALYSIS: Site Location and Existing Conditions: The 0.47-acre site is located on the south side of Brightwater Drive, approximately 800 feet east of Harnden Drive. The site is located within the Small Motel District of Beach By Design, which provides for mid-rise townhomes and timeshares between 2-4 stories above parking. This island finger is currently transitioning through major redevelopment from existing older motels into townhomes and condominiums. On January 21, 2003, the Community Development Board approved the upland development of a 10-unit townhome at this address under Case No. FLD2002-11 042. Staff Report - Community Development Board - April 20, 2004 - Case FLD2003-11058 - Page 1 e e Proposal: Section 3-601.C.3 requires docks over 500 square feet in area (in association with a multi-family development or condominium) to be treated as a commercial dock and be approved as part of a Level Two, Flexible Development review. The total area comprised of the proposed five docks is 1,400 square feet or 280 square feet each. The five docks will provide 10 slips for use by the owners/tenants of each townhome. Each dock will extend 60 feet in length from the seawall, which is less than 75% of the 180-foot waterfront property width and approximately 25% of the 247-foot waterway width. The properties located to the east and west are multi-family. The required setbacks for the proposed docks are 18 feet from either property. Signatures were provided from both neighboring property owners on the variance request form in the application packet stating no objection to the proposed structures. There are areas of sparse sea grass over which the docks pass. To minimize the impacts to the sea grass the applicant will grate the docks with a material that allows 70% light penetration for a distance of 30 feet out from the seawall. A copy of the manufacture's sheet for the grating material is attached in the application. The design will also reflect finger piers on each dock at the 30-foot interval to preclude boats from pulling into the seagrass areas. This will allow for 27.5 feet of permitted area in which to moor or dock boats. Boatlifts will be installed and boats are required to be moored with their bows pointed towards the seawall. The depth of water in the area where boats will berth is a minimum of approximately five feet at mean low water to a maximum of seven feet. This should provide in excess of one foot of clearance between the lowest portion of a vessel and the bottom at mean low water. The existing dock patterns within the surrounding community are typically smaller docking facilities consistent with the age and character of existing upland developments. Most of the existing docks were built when boats were much smaller. The construction of upgraded docking facilities to accommodate larger boats is consistent with redevelopment and the construction of upscale three and four story townhomes. All applicable Code requirements and criteria including but not limited to General Applicability criteria (Section 3-913) and dock criteria (Section 3-601.C.3) have been met. Code Enforcement Analvsis: There are no outstanding enforcement issues associated with this site. COMPLIANCE WITH STANDARDS AND CRITERIA: (Sections 2-801.1 and 3-601.C.3): STANDARD PERMITTED/ PROPOSED CONSISTENT INCONSISTENT REQUIRED MAXIMUM 30 dwelling units per acre 10 dwelling units [X] [ ] DENSITY /40 overnight accommodation units per acre IMPERVIOUS 0.95 0.73 [X] [ ] SURFACE RATIO (lSR) SETBACKS 10 percent of the width of the 20 feet [X] [ ] (minimum) property (18 feet) Staff Report - Community Development Board - April 20, 2004 - Case FLD2003-11 05 8 - Page 2 e e LENGTH 54 feet 105 feet COMPLIANCE WITH FLEXIBILITY CRITERIA (Section 3-601.C.3): Yes Yes 1. Consistent Inconsistent [ ] The proposed dock shall be subordinate to and contribute to the comfort, convenience or necessities of the users or the occupants of the principal use of the property. 2. The proposed dock shall be in harmony with the scale and character of adjacent properties and the neighborhood in general. 3. The proposed dock shall be compatible with dock patterns in the general vicinity. 4. Impacts on Existing Water Recreation Activities. The use of the proposed dock shall not adversely impact the health, safety or well being of persons currently usmg the adjacent waterways for recreational and/or commercial uses. Furthermore, it shall not hinder or discourage the existing uses of the adjacent waterway by uses including but not limited to non-motorized boats and motorized boats. 5. Impacts on Navigation. The existence and use of the proposed dock shall not have a detrimental effect on the use of adjacent waters for navigation, transportation, recreational or other public conveniences. 6. Docks shall be sited to ensure that boat access routes avoid injury to marine grassbeds or other aquatic resources in the surrounding areas. 7. Docks shall not have an adverse impact upon natural marine habitats, grass flats suitable as nursery feeding grounds for marine life, or established marine soil suitable for producing plant growth of a type useful as nursery or feeding grounds for marine life; manatee sanctuaries; natural reefs and any such artificial reef which has developed an associated flora and fauna which have been determined to be approaching a typical natural assemblage structure in both density and diversity; oyster beds; clam beds; known sea turtle nesting site; commercial or sport fisheries or shell fisheries areas; and habitats desirable as juvenile fish habitat. 8. All turning basin, access channels, boat mooring areas and any other area associated with a dock shall have adequate circulation and existing water depths to ensure that a minimum of a one foot clearance is provided between the lowest member of a vessel (e.g. skegs, rudder, [X] [ ] [ ] [X] [X] [X] [X] [X] Staff Report - Community Development Board - April 20, 2004 - Case FLD2003-11058 - Page 3 [X]* [X]* [ ] [ ] [ ] [ ] [ ] e e prop) and the bottom of the water body at mean or ordinary low water (-0.95 NGVD datum). 9. The dock shall not effectively cause erosion, extraordinary storm drainage, shoaling of channels, or adversely affect the water quality presently existing in the area or limit progress that is being made toward improvement of water quality in the area in which the dock is proposed to be located. 10. The dock shall not have a material adverse impact upon the conservation of wildlife, marine life, and other natural resources, including beaches and shores, so as to be contrary to the public interest. 11. The dock shall not have an adverse impact on vegetated areas; vegetative, terrestrial, or aquatic habitats critical to the support of listed species providing one or more of the requirements to sustain their existence, such as range, nesting or feeding grounds; habitats which display biological or physical attributes which would serve to make them rare within the confines of the City; designated preservation areas such as those identified in the comprehensive land use plan, national wildlife refuges, Florida outstanding waters or other designated preservation areas, and bird sanctuaries. 12. Impacts on Wetlands HabitatlUplands. The dock shall not have a material adverse affect upon the uplands surrounding. *See discussion under Proposal COMPLIANCE WITH GENERAL STANDARDS (Section 3-913): 1. Development of the land will be in harmony with the scale, bulk, coverage, density and character of adjacent properties. 2. Development will not hinder or discourage development and use of adjacent land and buildings or significantly impair the value thereof. [X] [ ] [X] [ ] [X] [ ] [X] [ ] Consistent Inconsistent [ ] [X]* [X] [ ] 3. Development will not adversely affect the health or safety of persons [X] [ ] residing or working in the neighborhood. 4. Development is designed to minimize traffic congestion. [X] [ ] 5. Development is consistent with the community character of the [ ] [X]* immediate vicinity. Staff Report - Community Development Board - April 20, 2004 - Case FLD2003-11 058 - Page 4 tit e 6. Design of the proposed development mInImIZeS adverse effects, including visual, acoustic and olfactory and hours of operation impacts on adjacent properties. [X] [ ] *See discussion under Proposal SUMMARY AND RECOMMENDATION: The Development Review Committee reviewed the application and supporting materials on October 30, 2003. The Planning Department recommends APPROVAL of the Flexible Development application to permit the construction of five multi-use docks to provide 10 slips for a 10-unit Townhome under case number (FLD2002-11042), with each dock measuring 60 feet in length (25 percent of the waterway width) from seawall and 1,400 square feet of total decking for the five proposed docks, under the provisions of Section 3-601, for the site at 161 Brightwater Drive, with the following bases and conditions: Bases for Approval: 1. The proposal complies with the Flexible Development criteria under the provisions of Section 3-601. 2. The proposal is in compliance with other standards in the Code including the general applicability criteria per Section 3-913. 3. The dock development is compatible with current redevelopment efforts within the surrounding area. Conditions of Approval: 1. That Pinellas County Water Navigation, Florida Department of Environmental Protection (FDEP), U.S. Army Corps of Engineers and Southwest Florida Water Management District (SWFWMD) permits be approved prior to the issuance of building permits; 2. That a site plan indicating lighting on the end of dock to enhance navigation safety be submitted to and approved by staff prior to the issuance of any permits; 3. That the National Fire Protection Association (NFP A) 303 standards for "marinas and boat yards" be met to satisfaction of the Fire Department, prior to the issuance of building permits; 4. That boats moored at these docks shall be for the exclusive use by the residents of 161 Brightwater Drive and that there will be no commercial activities at the docks; 5. That floating and dock-supported signage be permanently installed containing wording warning boaters of the existence of protected seagrasses and manatees in the vicinity; 6. That covered boat lifts be prohibited (uncovered boat lifts may be reviewed at an administrative level provided all requirements of Section 3-601 are met); 7. That the proposed docks be used for the sole use of the owners and/or guests of the townhomes and not be permitted to be sub-leased and; 8. That all boats will be moored with there bows facing the seawall, keeping the lower units of all engines and rudders closest to the channel. Staff Report - Community Development Board - April 20, 2004 - Case FLD2003-l1058 - Page 5 e Prepared by: Planning Department Staff: ATTACHMENTS: Aerial Photograph of Site and Vicinity Location Map Future Land Use Map Zoning Atlas Map Application e B~l~ S:IPlanning DepartmentlC D BIFLEXlPending cases I Up for the next CDBlBrightwater 161 CLW Townhomes Docks (T)IBrightwater 161 Staff Report.doc Staff Report - Community Development Board - April 20, 2004 - Case FLD2003-11 05 8 - Page 6 . . December 19,2003 Mr. Bill Woods, The following are comments generated from the preliminary Development Review Committee on December 19,2003. Please be prepared to address these and any other comments generated at the scheduled Development Review Meeting for 161 Brightwater Drive on December 23,2003 at 10:30. The city requests that yourself or a representative be present for the Development Review Meeting at 100 South Myrtle Avenue in Clearwater, FL on the second floor ofthe Municipal Services building. Please call and verify your time with Sherrie Nicodemus at 562-4582. I look forward to meeting with you. The DRC reviewed this application with the following comments: 1. Parks and Recreation: a) No Comments 2. Stormwater: a) No Comments 3. Traffic En2ineeriD!!: a) The applicant to pay a Traffic Impact Fee of $ 3,325.00 for the 5 new docks prior to Certificate of Occupancy. (Rate: $665.00 per berth) 4. General En2ineerin2: a) No Comments 5. Plannin2: a) The width of waterway on sheet titled "Aerial with Proposed Docks" measures 210 feet in width rather than 247 feet. This would in turn limit the length of each dock to 52.5 feet instead of61.75 feet. b) If each dock is 61.75 feet in length and 4 feet in width, the total square footage for all 5 docks is 1,235 square feet. Please revise "Attachment B" criterion number six to read 1,235 square feet rather than 1,195. c) Please provide a project value? d) How are proposed dock(s) lengths consistent and in harmony with the existing character of adjacent properties and the neighborhood in general? 6. Solid Waste: a) No Comments 7. Land Resources: a) No Comments 8. Fire: a) ENSURE ADHERANCE WITH NFPA 14 FOR THE INSTALLATION OF STANDPIPES AND PRN ATE HYDRANTS 2000 EDITION. b) ENSURE ADHERANCE WITH NFP A 303 FIRE PROTECTION STANDARD FOR MARINAS AND BOATYARDS 1995 EDITION AND ALL OTHER APPLICABLE CODES. 9. Environmental: . . a) Provide benthic survey prepared by a qualified biologist to document statements in Attachment A and on plan view regarding submerged resources/vegetation prior to CDB. b) Provide documentation from the state- Consent to Use Submerged Land from FDEP prior to building permit. c) Sediment control- turbidity curtain required. Provide sediment and erosion control plan prior to CDB. d) No dredging allowed without permit. Are current elevations adequate for larger boating vessels? 10. Community Response: a) 11. Landscapin2: a) No Comments 12. Harbor Master: a) The docks that are designed may not be a hazard to navigation as the permit is written, however, the proposed docks are not consistent with the other docks in the area and are almost twice the size of the neighboring docks. The width of the waterway would not lend itself to allowing all the property owners to build docks of this size. NOTES 1. In order to be placed on the February 17, 2004, CDB agenda, submit 15 collated copies of the revised plans and application material addressing all above departments' comments by Monday, January 5,2004, no later than noon. Packets shall be collated, folded and stapled as appropriate. Submissions not appropriately organized shall be deemed to be insufficient and returned to the applicant. Sincerely, Bryan Berry Planner Private Shared Dock Application if (OFFICAL USE ONLY) 25% LINE Scale: I" = 10' 22.00 17.00 13.G4 I \12.00 1 3.G9---j GRATI~G OVER GRAS? - 70% LIGHT PEN~T TION 124.00 I I 12.00 30.00 11.99 33 SF EXisting adjacent dock and tie piles 24.00 RIPARIAN LINE PROPOSED SHARED DOCK BOAT LIFT (TYP) BOW IN ONLY REQUIRED 14.00 REVISION 2: 2-2(;-04 REVISION I: I 2-23-03 I 27.00 I I F 124.dd II It: II II Ld._ 4.00 II II II ::jl II II .SJ 2400 Woods Consulting, Inc. 322 Rldoge Road Palm Harbor, FlOrida 34G83 Tel., (727) 78G.5747 f", (727) 78G.7479 Island T own homes EXisting Conditions Units I <$2 WI Proposed Dock "fll'VA 770N5 RereReNce NGVO- /929 TOTAL SQUARE FEET WATERWAY WIDTH WATERFRONT WIDTH MHW + I ,3' MLW 288 24G' 39' .0.5' SHEET 2- SHORELINE \\\\111" \\ W '/ ,,~ As; / / ,,',^~ ......... I..~~~~" ..' 0 :....~\ \ F I C~'... "... :: Q? l0~ ~\ r:. -:. ... : \ ~ - : * i No. I 558G : * : -. * .- -\): :0(- :. ~O... STATE OF 1//-..1: ""', . ~ ... ...~.,k I'>. ..s... , ~ ... LQRIQr' ..' ~ ' ~~ <;. S .............. "....\(1 " ~ ~ ~~ONAl t '\'" " t 520 CHATEAUWOOD DRJVE 1/ \ ' CLEARWATER, flORJDA 337G4 / I \ \ TEL (727) 580.434 t , , I I , \ \ \ FI>X, (727) 530.3790 1 1 1 BA 5~~.s1~~)D' 1 1 1 1510N ~O. 2 UNIT r UNIT 2 UNIT3 UNIT 4 UNIT 5 UNITb UNIT? UNIT 8 UNIT 9 GRATING OVER-GRASS- 70% LIGHT PENETRATION ------\--1--------1------- 1 I I I 25% LINE I I 10 I 2"'.001 00'" ------- -------- ------- ------- -------- -------- ----------~ 1 I 1 I I I G~~~~E PLA':{APPROVED CASE :# SU:>2.l>> , -" 058 CASE TYPE FL-P DRC DATE ("2. - 2D -0 ~ COB DATE -Z/)-O SIGNA DATE WOO~:?,~~.~~~UL TING """07"""-~"",(7.,.,'''''_,.,. Clearwater T ownhome!l DATE, 2-2b-04 SHEET, I OF I JOB NO., ono, SCALE, I ,.~ I a DOCK LAYOUT REVISIONS ~ ~ , ~~~L NOIE, DATUM ElfVATiON NGVD-29 CJ o F~b 18 04 06:30p DATE: TO: FROM: SUBJECT: Dl!V~ lJalke!'1"" Pinellas (ounty ENVIRONMENTAL MANAGEMENT L?_27) 453-3371 -------------------- p. 1 Department of Environmental Management Water and Navigation Section 512 So. Fort Harrison Avenue, Clearwater, FL 33756 Phone: (727) 464-4761 Fax: (727) 45.3-3371 JC{ fef7 OL-{ ~L, ~~_ ~1~(2.\2.'-( , PAGE{S) . _I-L (including fax cover) FAA#: 786 - 7/.,/7Q _ . ~"e, /ItV' &en IC)" ~(la/~ I d. //y~,- t - 5~z..- "7 I ~// ~(OJ ?tfdt1l; /;Jh F@b 18 04 06:30p D21V@ LJ<2l1k@f'" (727)453-3371 e p.2 Pinellas County ENVIRONMENTAL MANAGEMENT Department of Environmental Management Water and Navigation Section 512 So Fort H~" A , <Hilson venue, Clearwater, FL 33756 Phone: (727) 464-4761 Fax: (727) 453-3371 DATE: JS..JE~ 2CoL-l ~f.QS~- Ct: 61!..:L. ktOD5 3l-1t:m 'bAC.l.E-'-{ ~b \ 'f>e\C\H1'"l^JNTf..1<..... fi-, PAGE(S) - 3 (including fax cover) F/iX#: 562 - /.../25S TO: FROM: SUBJECT: HtA'\)\~ ) 1: AM fA"I~C, oJ E<t. 1\^X) D\211W lNC$ :r MAyPE.:i) Pf\ 'h\ O~\C.trrlVA-TEQ..- 'Drz.. ~'Pll.- 'Pj.loroC",RA-"?1-\ A-('J!:> MA-'t NO' fir ?l.-~ MA'\J. No~t-IlA-I.t"..,< ~ Pr MUcn-U5a.. Docx.. OJe2.. &,ftC."i:AS6 V""-- wOl,)t,..i) ~UI~E... It CcP'IMorJ w~\...Kc.v'r 1"""0 u:.ss~N / MI"';IM l-e-e.- J1.lf.- c.j2Q5S.-DVe..~ €f~E.C"iS 10 ~e... c..,~ o~ ~OI'Yl ,...,v\.....,.,~c...E.. WPrL-K-oui'5., 1..J '1I-II"C> ~e-. B\I..i-- WooDS HPrS ?,eD?OSW vs,~c. G,~A-'" N~ 'fOR- 'fi'\ e.- 'De.c..K \ Nt. M A-~~\ A-t..- oN A-t{..... TJ.-l e.- W A-L--KOI.rT'S /~ '1'"l-\ ~ ~~e.PrS O\J~(2.... S~AC.~~. """I-\\~ \~ PrN A-CCE.~'E-. p"JD ~1Cl,...'i c..oMMo10 ,At...-"\1S.f2.NA-"TNE- ~f2... U~ ~"\ \$ 'ibSS,e,\,...<:... w~ v-.ov\..-'D A!.SO ~SQV\R.~ 11-IA="! ~E... WA-I..K.OUT& $E.- €.)Cl'"EJ\.lPf-C> 1D ~€..,~, MA-}uM vM ?F-ct)~ION DF- 2scro Of' i1-1E:- WA-"i"EevA-'f' \V\~ AN'\:) "il-\~ .,...-p,ell6 Of?- f'~?~\)\t.0L..A-iL c.A=:t\'.lA-V..s & ~ \ t..." 0 J0 ~\. w A-~$.C><..1I" />r" :so f'f: F(20M 1'1--\ e.- Sf.AW A- J..,. (.., be A/...~ ~ ~ Mcoi2.f.D WPfle:.~WA-\C$ o~ '111e.. c.R.A6S ,B.SD. W(... \f\bv(...:i) F'rl,...C;C> ?~~PI~'-< C.Ot-.JOI'T1DI\.J -rHE-- f'eeJo1l... 1'kJrl ~15 MuSf '2>f.- 1"100= 'CPW IrJ. /h.:&:> :L gL..BJE..- 'B,U- WCOD.s )\bvt:D 17\1'1 '?:s:>f'f\ L,..-\ P'f5 ON ~ SLJ? . A...t..-- OF ~ ESE...... ""Th I ~S wO\JL-'D M \ I\} J pi) J e:€:.-- I MP/Tc.1S 'I'D -n..H5,. o.~~s.s . "f~\6 vJ~ A- CAl~rj<.,< ~v I ~W 'lkoUG.l-\ ,4N~ 'ft- 1=LA...t..- ~eJJ' vJwl-1> U. (VlA'VE- t)?ON OU~ ~\)ltVe.. ~ M'?L-'CA-1l0~ wrT1-\ C\1V; ~ CL.-€J'l"tl-NPr~ w.yz:DJAt-.. '11-\P1~ ~ F\...M€IISE. ~ -p..le.. OFF-Ic..E . r WI u..- Be. (;f.}'DFM' M~ '.Ne.. . I'OSioiOv..J !He.. ft1eE.1f6 of :5e.4()~ IH~ F\Q.5.\' \~ OvG.el..-f'tlO oN ftN ~A)< w~l.t... "IHf- SECoNv 1-6 CJ;J l' F-- 1\-1 \~ 0:>f6 001"" A<-\OAI.( ~~~e.~ 'It lL ..... ['- M M I M II) 'It ~ ['- ru ['- .- L Ii i .-. IV :3 " :> III Cl lL .-. (") .. CD o 'It D m ,...., JJ ... L.. 161 BRIGHTWATER DR r- - ---- - ! -----~.._-- -- - - ~--- -- ------ -,------- I - -- -- - i ! I ! i ; 14,4- ftr i . 1 k);" l~t' J I I I ; ~- II I, - ~ j--' 1801 ft f ! ~- "'---', 6- ':) ffj I (__~ (\ I ',. (-,~ /r-\ i c--~ ( \ -~) ~u (_~~ f-') () ftll. i \) '_J Ii\. ;\)_ 13$ fL U \_, [ () \~ - .L._ 1- --- - -~ - t::f-- =-_L__ ~-- - ---j--~-=- --__J --I I 1137fftt..~ %Pff~....~.7...~. 6.5ft.1 #A ~~ ~ I 30 ft. I ~--- I ! i ! . ! e ~reas of Seagrass I I I I i ! l_______ _ e ! ~ - --- --------~_____J N SCALE 1 : 300 2~~-~.::--..:.===:=-T---------- -I =-~==1 ~ 40 M FEET /, i 1/ ~ Co) C!' UJ ~ s: t- :t: l!) .... c:: Cl:l rl <.0 rl C \0 , 1.0 ... 0 0 ("",) ,... I ~ f- l:.J LU w -J ~- <:( , U if) 000 , , I, t "I C.d e IL.CC-e;5i>(t.~L.) dlc:ao VO 61 qa~ e ..Ja'>lIlll'l af\IlQ .. Woods cons~ting . Environmental Permitting Marine Engineering Land Planning 322 Ridge Road Palm Harbor, FL 34683 February 6, 2004 Mr. Brian Berry City of Clearwater Planning Department 100 South Myrtle Avenue Clearwater, Florida 33756 RE: Benthic Survey - Island Townhomes in Clearwater, Florida. Dear Mr. Berry: Please find enclosed 15 copies of the Benthic Survey performed for the Island T ownhomes in Clearwater, Florida. If you have any questions, please call. ;;~ Terri Skapik Senior Hydrogeologist Woods Consulting, Inc. benthic survey. Island Townhomes cover letter to Brian Berry.docbenthic survey - Island Townhomes cover letter to Brian Berry.doc Office: (727) 786-5747 Fax: (727) 786-7479 Email: billwoods@woodsconsulting.org · Woods ConS!/ting · Environmental Permitting Marine Engineering Hydrogeology Land Planning 322 Ridge Road Palm Harbor, FL 34683 February 4, 2004 Paul Camp Lane Lane & Associates, P.A 7087 Grand National Drive, Suite 100 Orlando, Florida 32819 RE: Results of Benthic Survey for the Island Townhomes located on Brightwater Drive in Clearwater, Florida. Dear Mr. Lane: As required by the City of Clearwater, Woods Consulting, Inc. recently completed a Benthic Survey for the Island Townhomes located in Clearwater, Florida. Terri Skapik, Senior Hydrogeologist, performed the Benthic Survey, on January 30, 2004. The results of the Benthic Survey show that sparse juvenile Manatee grasses (Syringodium filiforme) were encountered at the locations shown on the attached survey map, Figure 1. No other benthic organisms (macroinvertebrates, fishes, algaes, etc) were present at the time and date of the survey. The presence of these sparse grasses may require compliance to City and County regulations that protect even sparse sea grasses; the sea grass impacts for each dock have been provided in Figure 1. Woods Consulting is currently working with Pinellas County and the City of Clearwater to address any potential negative impact to the sea grasses and therefore may have to make design modifications to the proposed docks by adding grating over the impacted sea grasses. If you have any questions, please call. Sincerely, ~~' Woods Consulting, Inc. Office: (727) 786-5747 Fax: (727) 786-7479 Email: billwoods@woodsconsulting.org -..... ,~ Woods Cons!/ting Environmental Permitting Marine Engineering Hydrogeology Land Planning . 322 Ridge Road Palm Harbor, FL 34683 Figure I. Island T ownhomes Benthic Survey Map with Survey Grid, Sparse Sea Grass Locations, and Sea Grass Impacts at Docks Scale: I" = 30' ~ 30' 0 I 30' UNT I UNIT 2 lJNIT5 UNIT .. UNIT IS UNT' UNT7 UNIT & UNIT e UNTIO o o o o o o o o o L SEAGRASS IMPACT I 5sf I O'x I 0' SURVEY GRID SEAGRASS IMPACT 7 I sf SEAGRASS IMPACT B3sf SEAGRASS IMPACT BOsf ~ =SPARSE GRASS BEDS All slips to be equipped with boat lifts Date 02/0G/04 Total Square Feet Waterway Width Waterfront Width MHW + I .3' MLW -0 5' :r: Ii2 o z Office: (727) 786-5747 Fax: (727) 786-7479 Email: billwoods@woodsconsulting.org FL INT IMP FUND TRE .SKIN, H H EST 'ARKS, IRWIN J C/O FLAMINGO BAY RESORT OWENS, W D MARKS, DAWN D 184 BRIGHTWATER DR 703 COURT ST 115 BRIGHTW ATER DR CLEARWATERFL 33767 - 2410 CLEARWATERFL 33756 - 5507 CLEARWATER FL 33767 - 2402 MARKS, IRWIN J DE STEFANO, ROBERT W DE STEFANO, ROBERT W MARKS,DAWND DE STEFANO, DONNA L DE STEFANO, DONNA L 115 BRIGHTWATERDR 125 BRIGHTWATERDR 125 BRIGHTW ATER DR CLEARWATER FL 33767 - CLEARWATER FL 33767 - 2402 CLEARWATER FL 33767 - 2402 KOEGLER, WALTER A ZURAWSKI, BOGDAN PARADISE COVE KOEGLER, JEAN A ZURAWSKI, ANNA CLEARWATER INC 620 ARDEN LN 139 BRIGHTW ATER DR 9100 BAY HILL BLVD PITTSBURGH P A 15243 - 1132 CLEARWATER FL 33767 - 2402 ORLANDO FL 32819- PARADISE COVE KULACH, STANLEY CLEARWATER TOWNHOMES CLEARWATER INC KULACH,ANNA INC 9100 BAY HILL BLVD 150 BRIGHTW ATER DR 5301 CONROY RD STE 140 ORLANDO FL 32819 - CLEARWATERFL 33767 - 2401 ORLANDO FL 32811 - CLEARWATER TOWNHOMES CLEARWATER TOWNHOMES G T LEISURE CORP INC INC 181 BRIGHTWATERDR 5301 CONROY RD STE 140 5301 CONROY RD STE 140 CLEARWATERFL 33767 - 2402 ORLANDO FL 32811 - ORLANDO FL 32811 - REAGAN, MARGO H TRE LENART, DIANE TRE LANGIEWICZ, JANUSZ 307 ORANGEWOOD LN 8542 1/2 LAWRENCE LANGIEWICZ, JANINA LARGO FL 33770 - 4077 CHICAGO IL 60706 - 2956 31 STONERIDGE DR BARRINGTON IL 60010 - 9593 LANGIEWICZ, JANUSZ BRIGHTWATER TOWNHOMES LE CLERC, ROBERT W LANGIEWICZ, JANINA 163 BA YSIDE DR LE CLERC, LORETTA M 31 STONERIDGE DR CLEARWATERFL33767 - 2247 OVERBROOK AVE N SOUTH BARRINGTON IL 60010- LARGO FL 33770 - 2077 FLAMINGO BAY RESORT INC KOEGLER, WALTER A SUNNWAVES INC 184 BRIGHTW ATER DR # 2 135 BRIGHTW ATER DR 170 BRIGHTW ATER DR CLEARWATERFL 33767 - 2410 CLEARWATER FL 33767 - 2402 CLEARWATER FL 33767 - 2401 MARSZALEK, ROMAN CIUS, MIECZYSLA W 166 BRIGHTW ATER DR CLEARWATERFL 33767 - 2401 CIUS, MIECZYSLA W W CIUS, MARIA 162 BRIGHTW A TER DR CLEARWATERFL 33767 - 2401 KULACH, STANLEY KULACH,ANNA 150 BRIGHTW A TER DR CLEARWATER FL 33767 - TAMBACK, EDWARD P JR T AMBACK, CAROLE E 144 BRIGHTW ATER DR CLEARWATER FL 33767 - 2401 CIEZCZAK, CHESTER CIEZCZAK, MARIA 158 BRIGHTWATERDR CLEARWATER FL 33767 - 2401 OGRODNY, BOLESLA W OGRODNY, ZOFIA 140 BRIGHTW ATER DR CLEARWATER FL 33767 - 2401 ---.---- I.IGHTWATERCOVE e BAUSTERT, DELBERT V BRIGHTW ATER COVE BAUSTERT, MARY LOU 701 SPOTTIS WOODE LN 701 SPOTTIS WOODE LN 134 BRIGHTW ATER DR CLEARWATER FL 33756 - CLEARWATER FL 33756 - CLEARWATER FL 33767 - 2401 BRIGHTW ATER COVE JERNIGAN, GARY MORGAN, GEORGE W 701 SPOTTIS WOODS LN JERNIGAN, MARY A 122 BAYSIDE DR CLEARWATER FL 33756 - 6012 MARINERS WATCH DR CLEARWATER FL 33767 - 2501 TAMPA FL 33615- BARROWS, SCOTT 0 CONTI, CAMILLO GREENBERG, MARTINA BARROWS, JUDY L CONTI, LIVIA 835 MANDALA Y AVE 130 BA YSIDE DR 136 BA YSIDE DR CLEARWATER FL 33767 - 2501 CLEARWATER FL 33767 - 2501 CLEARWATER FL 33767 - 2501 CAPPELLO, LISA A MEARS, ROBERT E SR MARTINOS, GEORGIOS D CAPPELLO, JOSEPH A MEARS, BARRY L MARTINOS, DOROTHY 146 BA YSIDE DR PO BOX 2436 PO BOX 5940 CLEARWATER FL 33767 - 2501 CLEARWATER FL 33757 - 2436 MILLER PLACE NY 11764 - 1225 THOMAS, BRIAN ZIOLA, THOMAS B OSKARSSON, LEIF THOMAS, NADINE ZIOLA, KATHRYN M OSKARSSON,CYNTHIA 5450 MANA TEE POINT DR 1 CIRCLE DR 141 BAYSIDE DR NEW PORT RICHEY FL 34652 - MONMOUTH BEACH NJ 07750 - CLEARWATER FL 33767 - 1152 BARNHART, RANDALL E MARKUS, DONALD S ALVERSON, LOUISE W BARNHART, DEBORAH E MARKUS, MARIE E 444 MILLERSBURG RD 143 BAYSIDE DR 441 S ARLINGTON HTS RD PARIS KY 40361 - 2145 CLEARWATER FL 33767 - 2502 ELK GROVE VILLAGE IL 60007 - 4350 EBBERT, KATHY S JONES, C GRETCHEN NATHAN, DAVID H 106 WINDWARD POINT 181 BAYSIDE DR NATHAN, R JOAN HENDERSONVILLE TN 37075 - CLEARWATERFL 33767 - 2502 175 BA YSIDE DR 5108 CLEARWATER FL 33767 - 2502 NATHAN, DAVID H RACKSTEIN, ANDREW D DI GIOV ANNI, AGOSTINO NATHAN, JOAN RACKSTEIN, PATRICIA K DI GIOVANNI, MARIANN 1016 PONCE DE LEON BLVD 305 BLUFF VIEW DR 163 BA YSIDE DR STE 7 BELLEAIR BLUFFS FL 33770 - CLEARWATER FL 33767 - 2502 CLEARWATER FL 33756 - 1069 1306 HORTZ, ERICH W SHERMAN, RICHARD WOODSON, THOMAS 162 BA YSIDE DR SHERMAN, JUDY WOODSON, JANICE CLEARWATER BEACH FL 33767 PO BOX 2424 170 BA YSIDE DR HEATH OH 43056 - 0424 CLEARWATER FL 33767 - 2501 CAGLE, JOHN D MILLER, GERALD R KIRKPATRICK, ROBERT M CAGLE, JEANNINE D 178 BA YSIDE DR KIRKPATRICK, CHRISTINE L 174 BA YSIDE DR CLEARWATER FL 33767 - 182 BA YSIDE DR CLEARWATER FL 33767 - CLEARWATER FL 33767 - 2501 GULATI, DUSHY ANT K 186 BA YSIDE DR CLEARWATER FL 33767 - 2501 LENEART, RENEE TRE 8556 W WINNEMAC AVE CHICAGO IL 60656 - 2925 LENEART, RENEE TRE 8556 W WINNEMAC AVE CHICAGO IL 60656 - 2925 LENEART, RENEE TRE 8556 W WINNEMAC AVE CHICAGO IL 60656 - 2925 LENEART, RENEE TRE 8556 W WINNEMAC AVE CHICAGO IL 60656 - 2925 CLEARWATER BEACH ASSOCIATION DAVID MACNAMEE 827MANDALAY AVE CLEARWATER, FL 33767 tNOVAN, TPATRICK DONOVAN, CAROLYN 200 BA YSIDE DR CLEARWATER FL 33767 - LENEART, RENEE TRE 8556 W WINNEMAC AVE CHICAGO IL 60656 - 2925 LENEART, RENEE TRE 8556 W WINNEMAC AVE CHICAGO IL 60656 - 2925 LENEART, RENEE TRE 8556 W WINNEMAC AVE CHICAGO IL 60656 - 2925 LENEART, RENEE TRE 8556 W WINNEMAC AVE CHICAGO IL 60656 - 2925 BILL WOODS WOODS CONSULTING INC 322 RIDGE RD PALM HARBOR, FL 34683 'RIGHTW ATER ON THE BAY INC 175 BRIGHTWATERDR CLEARWATERFL 33767 - 2411 LENEART, RENEE TRE 8556 W WINNEMAC AVE CHICAGO IL 60656 - 2925 LENEART, RENEE TRE 8556 W WINNEMAC AVE CHICAGO IL 60656 - 2925 LENEART, RENEE TRE 8556 W WINNEMAC AVE CHICAGO IL 60656 - 2925 LENEART, RENEE TRE 8556 W WINNEMAC AVE CHICAGO IL 60656 - 2925 PAUL CAMP LANE CLEARWATER TOWNHOMES 7087 GRAND NATIONAL DR SUITE 100 ORLANDO, FL 32819 ) . . CITY OF CLEARWATER NOTICE OF COMMUNITY DEVELOPMENT BOARD PUBLIC HEARINGS The Community Development Board of the City of Clearwater, Florida, will hold public hearings on Tuesday, February 17, 2004, beginning at 2:00 p.m., in the City Commission Chambers, in City Hall, 3rd floor, 112 South Osceola Avenue, Clearwater, Florida, to consider the following requests: NOTE: All persons wishinl!: to address an item need to be present at the BEGINNING of the meetinl!:. Those cases that are not contested bv the applicant, staff, neil!:hborinl!: property owners, etc. will be placed on a consent al!:enda and approved by a sinl!:le vote at the bel!:inninl!: of the meetinl!:. 1. Roma Square, Inc. are requesting a flexible development approval (I) to permit a problematic use in the Commercial District with a reduction to the front (north) setback along Gulf to Bay Blvd from 25 ft to 7.8 ft (to existing pavement), a reduction to the front (west) setback along Hercules Ave from 25 ft to zero ft (to existing pavement), reductions to the front (south) setback along Rogers St from 25 ft to 1 ft (to existing building) and from 25 ft to zero ft (to existing pavement), reductions to the side (east) setback from 10 ft to 1 ft (to existing building) and from 10 ft to zero ft (to existing pavement), a reduction to required parking from 5 spaces per 1,000 sq ft ( 114 spaces) to 4.4 spaces per 1,000 sq ft (100 spaces), a deviation to locate a problematic use contiguous to a residentially zoned parcel and a deviation to locate a problematic use within a building which does not meet all of the current land development regulations and building regulations, as a Comprehensive Jnfill Redevelopment Project, under the provisions of Section 2-704.L and (2) to permit a reduction to the landscape buffer along Gulf to Bay Blvd (north) from 15 ft to 7.8 ft (to existing pavement), a reduction to the landscape buffer along Hercules Ave (west) from 10 ft to zero ft (to existing pavement), a reduction to the landscape buffer along Rogers St (south) from 10 ft to 1 ft (to existing building) and from 10 ft to zero ft (to existing pavement), a reduction to the landscape buffer along the east property line from 5 ft to 1 ft (to existing building) and a reduction to the width of the required foundation landscaping adjacent to the building from 5 ft to zero ft, as a Comprehensive Landscape Program, under the provisions of Section 3-1202.G. (Proposed Use: Problematic use [check cashing]) at 2001-2021 Gulf to Bay Blvd. & 511 South Hercules Ave., Midway Sub., Lots 1-12. FLD2003-10055 2. (cont from 10/21/03) Larry & Jo Ann Dean are requesting a flexible development approval to permit an office with a reduction to the minimum lot area from 5,000 sq ft to 4,920 sq ft, a reduction to the lot width from 50 ft to 49 ft, a reduction to the front (north) setback along Lakeview Rd from 25 ft to 4 ft (to pavement), reductions to the side (east) setback from 10 ft to 4 ft (to pavement) and from 10 ft to 5 ft (to building), a reduction to the front (south) setback along Dempsey St from 25 ft to 12 ft (to building) and reductions to the side (west) setback from 10 ft to 2 ft (to pavement) and from 10 ft to 4 ft (to building), as a Comprehensive Infill Redevelopment Project, under the provisions of Section 2-704.C and a reduction to the north landscape buffer along Lakeview Rd from 10 ft to 4 ft, a reduction to the side (east) landscape buffer from 5 ft to 4 ft and a reduction to the side (west) landscape buffer from 5 ft to 2 ft, as part of the Comprehensive Landscape Program, under the provisions of Section 3-1202.G. (Proposed Use: 1,179 sq ft office) at 935 Lakeview Rd., Lake Belleview Add, Blk 1, Lots 5 & 6 less St. FLD2003-08036 3. Clearwater Townhomes, Inc. (Paul Camp Lane, Esquire) are requesting a flexible development approval to permit a multi-use dock, under the provisions of Section 3-601 (Proposed Use: Multi-use dock for 10 slips totaling 1,080 sq ft, with each dock measuring 54 ft in length from the seawall, in conjunction with a 10-unit townhome development) at 161 Bril!:htwater Dr., Bayside Sub. No.2, Lots 14, 15 & 16. FLD2003-11058 Interested parties may appear and be heard at the hearings or file written notice of approval or objection with the Planning Director or City Clerk prior to the hearings. Any person who decides to appeal any decision made by the Board, with respect to any matter considered at such hearings, will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based per Florida Statute 286.0105. Community Development Code Section 4-206 states that party status shall be granted by the Board if person requesting such demonstrates that s!he is substantially affected. Party status entitles parties to: personally testify, present evidence, argument and witnesses, cross-examine witnesses, appeal the decision and speak on reconsideration requests. An oath will be administered swearing all participants in public hearing cases. If you wish to speak please wait to be recognized, then state and spell your name and provide your address. Persons speaking before the CDB shall be limited to three minutes unless an individual is representing a group in which case the Chairperson may authorize a reasonable amount of time up to 10 minutes. . . . Five days prior to the meeting, staff reports and recommendations on the above requests will be available for review by interested parties between the hours of 8:30 a.m. and 4:30 p.m., weekdays, at the City of Clearwater, Planning Department, 100 S. Myrtle Ave., Clearwater, FL 33756. Please contact Frank Gerlock, Development Review Manager, at 562-4557 to discuss any questions or concerns about the project and/or to better understand the proposal and review the site plan. This notice was sent by the Official Records and Legislative Services Department, Cynthia E. Goudeau, CMC, City Clerk Lisa Fierce Planning Department Cynthia E. Goudeau, CMC City Clerk City of Clearwater P.O. Box 4748, Clearwater, FL 33758-4748 NOTE: Applicant or representative must be present at the hearing. YOU ARE BEING SENT THIS NOTICE IF YOU ARE THE APPLICANT OR OWN PROPERTY WITHIN 500 FT. OF THE SUBJECT PROPERTY. A COPY OF THIS AD IN LARGE PRINT IS AVAILABLE IN THE OFFICIAL RECORDS AND LEGISLATIVE SERVICES DEPT. ANY PERSON WITH A DISABILITY REQUIRING REASONABLE ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS MEETING SHOULD CALL THE OFFICIAL RECORDS AND LEGISLATIVE SERVICES DEPT WITH THEIR REQUEST AT (727) 562-4090. Ad: 02/01104 Woods cOnsuting . Environmental Permitting Marine Engineering Land Planning January 6, 2004 322 Ridge Road Palm Harbor, FL 34683 Brian Berry City of Clearwater Planning Department 1 00 South Myrtle Clearwater, Florida 33756 ~ 1\\\\~ ~f.\\'\ C) Re: Island Townhomes Private Shared Docks FLD #2003-11058 Submittal of Bathymetry and Resource Survey Dear Brian: As a follow up to our telephone conversation this date, enclosed is a signed and sealed copy of the bathymetry and submerged resource survey as prepared by Gulfcoast Survey. As I noted during our discussion, we have the surveyor delineate any submerged resources found on the site when he performs the bathymetry survey. If resources are located, then we have a hydrogeologist survey the site and write a report on the resources. If no resources are located by the surveyor, we see no need for the hydrogeologist to make this effort. It should be noted that the county, as part of their review, sends their environmental specialists and they swim essentially the entire site and write a field report. Their investigation is very through, as indicated by the survey enclosed they prepared for the Hungry Fisherman Restaurant on The Narrows. If the county were to find 17esources which we did not identify in our submittal, we would have to possibly redesign the docking facility accordingly to avoid impacts. I would note that the Army Corps, the DEP, SWFWMD and the County have accepted the above approach for the past five to ten years. I would further note that if an applicant attempted to"hide" resources and gain approval at the City of Clearwater level, only to have to redesign based on the county's field study (and thus necessitate going back before the City of Clearwater and go through the entire process again) ,then "shame on him." AS we discussed, it might be beneficial to get together with Terry Finch and her group and discuss how to address this issue in the future. We stand ready to meet at your convenience. Should you require further information, please give me a call. My regards, Bill Woods Woods Consulting, Inc. C:\Projects\Rogers Clearwater (Island) Town Homes (073-02)\Clearwater Townhomes 27 Berry Ltr.wpd Office: (727) 786-5747 Fax: (727) 786-7479 Email: billwoods@woodsconsulting.org . . Pinellas (ounty ENVIRONMENTAL MANAGEMENT Department of Environmental Management Water and Navigation Section 512 So. For. Harrison Avenue, Clearwater, FL 33756 Phone: (727) 464-4761 Fax: (727) 453-3371 DATE: /0/28/0 3 PAGE(S) 5 (including fax c:ver) TO: /(yl, CHM FAX#: '}g'~~?~71 C",.f1 ~- ~~ ("A3~~6F-O~ (~1-F~.,-n'u-. ~-(J" FROM: SUBJECT: ()7Tadu/ r~ ? ~ f/rl ~ r -jk ~ 4u.d~. 9Irj~/~, ~Pr-Iv~~. T . _I "t J ,... ,-. ...... , ,~ ~ '. ~. -I . . V/ater 2nd Nav:za:ional S'Jpport FIELD REPORT **..*t.....~*..t.t*......~................*.**...***..***..................... Date: /ojZ.3/o 3. ApplIcation #: r-A33~oi-d3___._ Name: E. R-uL (1i'ct'7;C~ 12~ Add;-css: If'! /~~ 6/tI~ SlR:_l/2 - __~ - ~ - ~ .*......~+.*....t*t*.*t*.......*****.***......*.***.***.***...*............... .1.~' 6dtwhllW~~1A Date of?ield Visit: IO!t~~ 3 Tide:~~(Ij/v,~~) Time ofField Visit: I/:/S ttm 'IZ;30~ Tid~ Range: ~3' , , l& ~ lJ :: r I rr- r- (j -".r . . UJ-3340g'-{),3 (PJ z.) , )J~,~: /2,0' (100' ~~ 2t:J',.:J) :: lfff'fi.7 '~J?1.uJ) 130' (110' ..~. ) -.: Lf"c;'(',7'e.1t1~) I '-iD I (,2>> ' " ...) -:: if, ~ · ('/. 7'e~)..w) tSC' (13b' '. "') = '-tf (tft?'e~L.....J) , {Zo'dl..LT ~-rn~J ~.Joch~~J~ ~Ndo'J,S ::> '?yJs {(;jO/~JoJfVI!V\5il,/DSyJS(~fSJ-m~ //:sz.A-t ~ i ~ - --~ ~ ~~~~: 9' yJs (Ug) ./0 if~ ~7/ ,yn~ -Iv rJE" IJ't yds (387') Io'~ .& A?'lu.~ /vAle .- /ud-~ ~~~-;Ib Se-~d4~.-I" ~ ~~. Cc-G.-~ ~/ . J73yds (5/9')1o~ ~?dI~~h>A)~<J ~ 1'12.pS (S?&..) ;b ~ ~ rr (~~7) ~~ ~ ~'~ frfih4. ~~~~~~~~A/~"'~ri. ~o' (.:tc>' ~ 2o'ckr~r7OB): ~ t~~,~ fAj1J. r 45' (:J5' ./ >-.) = ~ i ~ (-O.L/') 1'7' ( ~' .. ..):: LUitt\.. 'I) ~r- 5b' (~' .. ..) ~ 0,(",' [0/9,' em-J..W) 55' (3'5'" -j=.uJ1A~/4f;wti~-~ku~ {.,o , (cia' J' -...) : /. 3' (0/1' elru../v) J ~ ~ fA.((tf4' " ")'~:~~~(~)/l/1'=~1~ 70' (~' ,,- ':) c .2.%' (c1-ct'env.JV) g-o' 6,01 ... -), 3,~( (3,d. 'emw) '}o' (?o I I, ,) ~ J/-.s I (L{-,,' emw) /00' (s l>' .. I.) -: ..,.. 'i' (4. 'f' efY1J.u) 11 0 ' (9D' I. ,):: If/t' ('is' ~ tylMJ) JZu' (/OO I I' '') ~ 4.ti' (~.Ol e fhJ..vJ) r',-j T!,rr'. r...,......1 r J 7"'/) I ,4J1" J T ~,. ." -::...,., rr ..J ...,... .. -, "'r ,..... ,..... n ~ '1"" . . Of3~ug'o3 (~3) (1.,Ji; ; I 3D I (;,0 I ~ 20' ~~ ~ TOr).: 3.9 ' (3,.$ 'e,n.t.W) v 1'/0' ('w' " ',): 3,5' (:3.t'eml..(,..)) I'J-o( (r'bo'" ',); 3.2' (2$'(J,"J...W) 1(,0 I (rc{o'" ... ); 3." (~.'). f! Pl/"'~) I?o' ((,57>'" ..,) ~ 3.:l.' (2 ,t'eI"'\LW) If 0'(/(.0" l~).. 3.~' (3..o'emuJ) /70' (110'" ");. '-1.0' { 3.f, ;eM~) !2~1Sp-ts:"'~~: ~ (~ ~~ ~ 6iJi;Kbt1 CbiiA r:s~~! 4 kA=-//J'-/." ~ dvJc . ~.H.ftMJ I3!ruk /htaNu;~ ~ I~ ~ ~,~ /s~ ~a' ~) olk/[ ~i7~.4 (-0.$') ~. rn.l~. 4Ji;;t /0' r 7lJ6 . J3' (13~ /O'~'~ = w-iliAo ~ :f)' (2.0", ,.) :: ~ ~tf~, /rJ1if-{,tJ) J'f' (2'i' I....) ~ ~ ~rKh.;vMjP(.v14J;;;l1~ t.{o' [.,,0' ., .. ) -; 0.9 r (o.'/' cmJ.W), ~ /Ial.LJ~ 3>' ('10' , .\): 1..5' {1_O'PMJ..JI.))l'iI;Aj-1~J-~~f;dXIO~/~~ SCJ' ('if .. ..);; ~ 1 ~a4<J ~O' (so' .. ~):; .:I.?' (d.;)'etnl-I\.)) 90'(I.D'" l'):, 3..;}' (;;.7'eWlL.Jo.j) '60' (70'" '\):; 'f. 0' (3S' e ~J..I-J) ~o'[~o" ,,): 4.7' (tJ.2-'!?fl'Iw) /Of; '(,o' " h ) = '-1.1' (tJ,l.{' e~)..I4J) 110' (~O I U ):: S.~' (l.f.?'(?tnJ...I,J) 12.0' (lff/ '. "' ): 5,3' (Lf.Z' etrILJi.J), ~ ~ ~ ~lf1....doc.t +0 ~tS,) 130'{rJo' ,- ") ": 5.'-1' (4.~' "r'lJ..w) ''iG ((r!:>o' Of ,,): s,s' (5,0 I e trlJ...~) " .,.,j T !..rr' r....' r' ~/.' : ~ ~ T po "" .-' j4. r, rr ..Jr- #....'f ~,"'" n-:.' """ . . CA 33G.o8 -03 (fj '-I) ~~: 19;' ~Yo'~ 1i)'~7()O) ~ 5:1' (s,a'~~).JA)) I~ ~ l~ w;1f, I (pO ((J~/" "'):::. 5.?' (S.~tem#..w) /l"jo( (1"0' .. ,,): S,gt (5',3'e""~) IlfD' ( I?o'" "'): 5,0:0' (5,3 'elVl~) )10'( Ifo''' ,,): S,Z'(S'3'er>'l~)/ td11~j~ ~' (1'/0' t.)-;. !,..o' (5.S'em~) '" ...J '~..w.w... n~ ~.. "m~ -k> ~ r ,1, r"'" ("'- ,-" I r .' -') " I........ TOM "";'~ .,. -, -~ ....... r n -) ....,..., n JyN-05-2004 10:23 AM4Ii~DS_CONSULTING Woods Consut1JDg 7'786 7479 P.01 EnWlOnm.ntal P.rmlfting Marlne EngmH,lng Land Planning January 5, 2004 322 Ridge Road Palm HlrbOr, FL 34883 Sent via fax l3 caQea to 562-4885) and US Mail Brian aerry City of Clearwater Planning Dtplrtment 100 South Myrtle Clearwater, Florida 33758 Re: "land Townhome. Private Shared Dock, FLD #2003-11 OS8 Vealel Draft Considerations Dear Brian: A8 a follow up to our telephone conver..tlon this dlte, we designed the dock. at Island T ownhomes to be 54 feet in length. alsed on the bathymetry of the wlte..., the depth It mean low water (MLW) is:3 feet at approximately 14 feet wlterwlrd of the seawall, The Southwest Florida Water Management District (SWFWMO), who hive recently begin procesling application. for town home docks/slip', rather thin the Department of Environmental Protection (DEP) , hi. taken the poaltlon that a minimum of one foot of clelrance il n..ded between the v"..l or engine keel or proplller (with the engine in tne fully lowered position), which ev.r II lower, and the submerged bottom (S.e question #30 on the Brightwlter Townhomea docket, FLD2002-0e02l!1, .nch:l..d). SWFWMO h"lnterpreted this required depth to be on the order of 3 f.et at me.n low water (MlW). W. would note that the Pinellas County Aquatic Preserve rules, under 18-20, F.A,C., only rectuirel2 feet of depth at I mooring llip. SWFWMO holds the 3 feet requlrem.nt under guidance which they ref.r to a. dminimlZlltion" rule. which are very esoteric and non- objective. (We would note tnat thl CEP, hiltorlcally, hi' not impa..d luch a stringent interpretation). Given the above, SWFWMD would conllder the first 14 feet of the mooring .rea IS unusable and, depending on bOlt draft, th.t may bl the ca... (SWFWMD doel not aeem to understand that boaters do not intentionally b8ck Into shallow water wlth no regard to the potential for damlge to their running gear). We therefor. designed the dock. to provide I 40 foot mooring ar.a with depths in excess of 3 feet at MLW. We would 1110 note that mOlt if not 11101 the bolt owner. will have lifts installed. Should you require further information, pie... give me I call. My regards, Bill Wood. Woods con.ulting, Inc. C IProJ.dl\Roger. Cleerw.t.r (1lIandl Town Home. (On.02)\CII.rwlter Townhom.' 25 Brian Ltr.wpd Office: (727) 188-5747 Fax; (727) 788-7479 Email: blllwooclsOwoodscon8ulting.org JAN-05-2004 ,,~ lqllll ~pOllu~ f"'p1~t ...... .... ell.." Plnetl.. ,........ .....,. . VIOl Ch~r. .",.tl IMM .. ....... 841otN1y. Hl1ItbOrqll w-. ""........ . 1,..11*. 111",111$ ..... w..... M.... ....- -. ....... eN ... N. ....... HlIIlbofOUIh ,...... L. ........ HlIhltndt ...., I. ....... Polk I "... Dc ....... HHllb4l(Ol.lltl I ,. Ie. ....... 1M PllOO .. II. ....... v.,... ElIeeull'll OII'IIltO, I .... .. ...... ~11'11l'lt EIlIClIllIYI OlrtCto, I ___ I. ....... ~fll CoIAnMl 10:24 AM WOODS_CONSULTING sou&est Florida Water Management District 17"'- ~ ~.' T...,. hfvlII ..... 7001 HflllWty 101 North TIIl\P4lo Illorl. lle37.,.1 llUI HS.1"~ 0' i..I>>IH.0117 IPl. only) IUNCOM e7e-2Q10 --- ", ..... ...... otIoI 110 C.MUry kUN~ lIrtow, FIe" S_o.7700 lea) 5M-i.41 or l.eo042.78e2IFL Ol'Ity) SUNCOM 67M200 November 1, 2002 727 786 7479 P.02 2'7~~' B......"., Ao'" .._88 (3D2) 798-7211 or 1-800-423-1476 (FL only) SUNCOM 828-41150 TOO only 1-800-231.810a (FL only) On rtMt Inlem.l.f: WllterM8ttere.ofl ........ -...eN 0IflM loHIlIIO ..IYIo. 0flIM IIUO Fn.Iltvlll. "Did 3000 W..t Scwt"lIn Pith a...,.ow. Florid. 3424()'9711 Illite 2211 19011) 377.3122 or l.tell1\to. Florlc1. 344I1l"D10 1.aClO.32C).31503 (FL 0"1\1) (352) 527.8131 SUNCOM 531-.1100 SUNCOM 007.3271 Richard WullewllkL.. P.E. 1620 Chateawood urlvl Clearwater. FL 33784 Subject; [leqUMt for Addltlonallnformlltlon ,,~Name: 8~CI~twlt.r Townnomes Dockl ApPllcatton No: 43024045.001 COun~: Plnell.1 SlClTWplRgl: 1II2OS/1SE a*le" 400.1, 4, 40, and 400, Flarlda Administrative Code (F,A.C.) edone 373.4141 and 120.80, Florlda Statut.. (F.S.) Oear Mr. WallleWlkI: Reference: Before the Ol,trlct can oomplete lte review of the permit application referenced above, thl Information itemized an the encloled chlckll.t mUlt be receIved. \, Pl.... .nlure that ~r re.j)OI'l" to the checKII., Including checkl, . Is received In thle offlOl within 30 da~ from the dati of this reque.t; . reference. tl'1e permlt application number, and, . Incluclel three coplee of all rtQuetted Informatlan. Failure to provide thll Information within 30 day. will dllav the procelllng of the permit application. and may ntlUl1ln th. permit IP.Pllcatlon.belng denied. 'f the addltlonalln'ormatlon cannot bt provided within that time perlocl yo.u may matee a written request for Ell time extenlion provided that In .ooeptabIe Ju.lfloatton for the time extenllon accompanlll the requeet. The time l.ten.1on l'tQU.. Ihoulcl be reOll'ltd within 30 day. trom tn. date of this letter, Pl.... contact Jame. P. Mal'ltlaUat the BrookIvlll. office. e.t.nllon 4343. for .1.t,tan08 wltl'l Artlc1ts of Incorpor.tlon for thl AlIOCtltlon and Declarations of ProtectIVe CovenanteJOeed R..trlctlonl. Pleat fOfWlrd the.. documents to me with your ftapon.8. Pur.uantto SectIOn 373.4141 (1), F.a., W you believe thllrequlIUor addltlonallnformatlon lit not authorized bv IIW or rule, yqu may- requeet . hearinG p.ul'tuant to sections 120.689, 120.51, F.e.. .nd Chapter 28-'08, p.A.e., Of the Uniform Aul.. of procedur'.A request for hearing mutt: (1) Ixp,,1n how the ,l,IbMlII'ialln.,..,. of e.ch person ~uesti"", the hearing win be .ffected by tM Dlltrlcr, 1OIJOn, or propoMd .(1Ilon, (2) ,tate all mlftrial tiers di,putea by. the />>f'IOf'I ~ueltlng_ the hArlng or ,','e thI, tt1,,. .,. no dl,puted facts, .nri (3) otherwi.. ~ with -Chat*-' ".706, F,A.C. Copl.. of Sections 28-108.201 and 28.108,30' , F.A.C. are .ncloltd for ~r ref.rence. A rtQuelt for hearing mUlt be flied with (received by) thl AGency Clerk of the Dlltrtct It the DI.trlct', Brooksvllle addr... within 21 days of reoelpt 01 thli notice. Receipt I. deemed to be the fifth day aft.r the date on whloh tnls notice I. dtP<;)llted In tl'll Unlted Stalll mall. Failure to file a r'Qu..t for hl.rlng within this time perIod ahall con,tftute I waiver of an).' rigI'1t you or .uch person may have to reguelt a hearing under sectlonl 120.588 and 120.51, F.e. MediatIon p'urauant to Section 120.573. F,S'I to HttI. In Idmlnlltratlve dispute reg8i'Glng the OlltrlQt, aetton In this matter Is not avalabl.. ' " .,,)1,'1.:,;',:1;::'..........1.;."...: ..,;..i{\"';:,;",~~',,...,;" 1 ' ',.' ::.: " " , (!:1',~ " .. " " , ' :~I(;' ~ . ., f~ ~'i",1 , ',' JAN-05-2004 10:25 -* AM. aaDC _ co':'.~ HG 727 786 . 7479 I .. Application No.: Project Name: Page 4 ~.OO1 BrIghtwa..r Townhomel 00ckI for Cia.. III Outltandlna Florlda Wat.,. (OFWI), AIIo, pl.... IndlGate where In the water oolumn .ach ..mple wu tak.n and what the pmoaltnt condItiOI'll were at the time of Mmpllng (..g" tide direction, taln, Wlndl, .te). In lnetanOlI where l)tltllng ambient water Quality doN not meet water quality l1andardll the appIlelnt mull Impl.ment ""aeu'" tocaute. net Improv.ment of the wat.r qu.llty, [Rule 82-302.1530. F,A.C" and ERP Balli of R.vlew, SUbHollo", 3.2.4. and 3.3.1.4.} PJ.ANI: 19. Pie'" provide the .levatlon dltum on the oonltructlon plane. lRuIl400-4.101(1)(e), F,A.C.} 20. Pl.... provide. bathymetric IUNe)' IncompalllnG the dock and mooring area and a thelngre.' and egrell Ire" out to the main navigational channel, tRule 400-4.101 (1 )(c). F.A.O.] 21. PI.... Identify the mean high and m.alloW wat.r el.vatlone on the conltructlon plans. [Rule 400. 4.101 (1 )(0). F .A.C,) 22. Pi.... quantity on the oonltruct\On planlt the number, a1re.nd type of v....ls propoled to b. moored, permanenW or tlmporartly, Itthe t.c1I1ty, [Rule 400-4.101(1)(0), F.A.C.) 23. f>leue provld' a detailed dllcrlptJon of th. dock con,trucllon methodology to be utlll~ed for this project. {Rule 4OO....101(1)(C). F.A.C,) 24. Clearlv theW on the conltructlon ptane the location! of .,OIIon control ,m'''UI'II, floating turbidity bIrrl.rtI, and any propoeed mhdng zon'!, [Rul. 400-4,101(1)(C), F,A.C.] 26. Pl.... Identify thl IoCItlonl of the ~ manat.. protectloo II"nage and provld' an l)tample of the ligna;. on the conatruotlOn pt,"" IAuIl40D-4,101(1)(C), F.A.C.} 27. Pl.... removI all reference to the propoltd upl.nd relldentlal conetructlon from the plan lhe.tl, [Rule 400-4.101 (' )(0). II .A.O.] 28. Pie... dlmenelOn all aspecte of the propoeed dockIand moonn; pUe. on the oonltructlon plane. lneufflelent dlmen81on' Wire provided on thl lubmlttld plane to actually build the1acUlty. [AUle 400-4.101(')(C), F.""O,) 29. Pl.ut provide I detail of th. p~ hand ralll to be u..d In the facility In the Ir,.1 where mooring II prohibited, AIIo. pltall ehow location. of approprIate MNo MoorIng" Ilgnag. on the construction plan. and provide In ,umpl. of thl lignlge on the c>>nltructlon planl, [Rule 400. 4.101(1)(c). F.A.C.) 30, Pl.... Identify on th' conltructlon plane any propoHd ve...1 draft reatrlctlonl end provld' appropriate e1gnage at the aeeoclated mooring slip. Pl.... Ihow In .xample of approprl.te lI;n. on the conetructlon plane. Thll" eepeclaJly of concem for thl lOutMweetem ellp. The v....1 drift, ,hOYId be limited to lvoIcI propeller lCOuring of the ...gr..... or the bay bottom. Generally.' minimum ~ on. foot of oltarance Ie nlldld be1Wlln the v....1 or .nglne keel Dr propeller. whichever '8 lower. Ind the lubmergtd bottom or thl tope of ...gr...... Draft! of outboard englnee ahOUld be conaldered When In their fully lowered POIltlonl. [Flul.40D-4.1 01 (1 )(c), F.A.C.] OPERATION AND IIAlNTIN~ AND lMA.l DOCUMINTAnON: 31. PI.... provide. rAPY of the died or other proof of ownlrlhlp for thl adjacent uplands. [EAP Application Form, Sectlon E, P.rt F,e.) P.03 -I . e PINELLAS COUNTY DEPARTMENT OF ENVIRONMENT AI- MANAGEMENT WATER AND NAVIGATION REPORT SUBJECT: Multi-Use Dock Application M33171-03 Island Key Condominium 692 Bayway Blvd., Clearwater r rr :i :FROM: Sherry Bagley Envirorunental Specialist II Department of Environmental Management THRU: David L. Walker, Jr., Env. Program Manager Water and Navigation Section Department of Environmental Management DATE: September 9, 2003 This application was received by the Department on June 16,2003. The subject site was inspected by this Department on June 26, 2003. PROJECT AND SITE DESCRIPTION: The applicant proposes to rebuild and reconfigure an existing multi-use dock in the waters of Clearwater Harbor. The proposed dock will consist ofa 180 it. by 10 ft. boardwalk along the seawall (although 3 ft. of this boardwalk is located on uplands), two 2.5 ft. by 20 ft. finger piers, two 2.5 ft. by 30 ft. finger piers, a 12 ft. by 24 ft. platform, and associated tie poles. The total area of the dock within the jurisdiction of the Authority will be 1798 sq. ft. The waterfront width ofthe applicant's property is 180 ft. The proposed dock will be located along the entire property. The maximum length of the structure will be 37 it. The tic poles project 55 ft into open waters. Depth at 30 ft. from the seawall will be greater than 8 fl. at Mean Low Water. The shoreline consists of a concrete seawall with limestone riprap. No emergent or submerged vegetation was observed. Wildlife observed included pelicans (Pe/ecanus occidentalis), a great egret (Casmerodius a/bus) and a great blue heron (Ardea herodias). . . Depths at this site arc as follows: Distance seawall 5 ft. 10 ft. 15 ft. 20 ft. 30 ft. DGQ1bJMLW) 0.0 ft. 0.0 [t. 2.8 ft. 5.2 ft. 8.0 ft +8.0 ft. Notcs On riprap On riprap End of riprap COMMENTS: 1. The proposed dock is a rebuild ofthe existing dock. It requires a public hearing because the long boardwalk along lhe seawall is new. 2. There are no environmental or navigational concerns with the proposed project which is consistent with other docks in the area. 3. The City of Clearwater notified staff on Sept. 2 that their approval was no longer valid and that the project requires approval by their Community Development Board. FINDINGS: The Department of Environmental Management has reviewed this application and finds it to be consistent with the permitting criteria in the Pinellas County Code, subject to reapproval by the Cily of Clearwater. The applicant is advised that approvals for this project may also be required from the Florida Department of Environmental Protection. Any modifications required by this agency must be reflected in revised plans submitted to the County. F:\Usersl WPDOCSI W ATERNA V\m.B 171 c.doc . . Berry, Bryan From: Sent: To: Cc: Subject: Buysse, Beverly Wednesday, December 17, 200312:17 PM Berry, Bryan Morris, William RE: FLD2003-11058 (161 Brightwater Drive) Bryan, After visiting the sight at 161 Brightwater, the docks that are designed may not be a hazard to navigation as the permit is written, however, the proposed docks are not consistent with the other docks in the area and are almost twice the size of the neighboring docks. The width of the waterway would not lend itself to allowing all the property owners to build docks of this size. I've aUache~tos shOWlnrinei9hborin9 docks and waterway. MVC-789FJPG MVC-790FJPG MVC-791FJPG Bev Buysse -----Original Message----- From: Berry, Bryan Sent: Tuesday, December 16, 2003 12:23 PM To: Buysse, Beverly Subject: RE: FLD2003-11058 (161 Brightwater Drive) Could you please sign off in permit plan under activity (Harbor Master Review). I appreciate it. Bryan Berry -----Original Message----- From: Buysse, Beverly Sent: Tuesday, December 16, 2003 10:28 AM To: Morris, William; Berry, Bryan Subject: RE: FLD2003-11058 (161 Brightwater Drive) Bryan, I did receive a copy of the application. I have reviewed it and it does not pose a hazard to navigation. Bev Buysse Assistant Director Marine and Aviation Department City of Clearwater 727 -462-6954 Email: bbuysse@clearwater-f1.com -----Original Message----- From: Morris, William Sent: Monday, December 15, 2003 8:39 AM To: Yellin, Catherine; Buysse, Beverly Subject: FW: FLD2003-11058 (161 Brightwater Drive) Please follow up, thanks -----Original Message----- From: Berry, Bryan Sent: Monday, December 15, 2003 8:32 AM To: Morris, William Subject: FLD2003-11058 (161 Brightwater Drive) Bill, Could you please tell me if you received a copy of this application for review. It is for a commercial dock 1 along Brightwater Dr~hankS. Bryan Berry Planner City of Clearwater Planning Department (727) 562-4539 . 2 . . Berry, Bryan From: Sent: To: Subject: Buysse, Beverly Tuesday, December 16, 2003 10:28 AM Morris, William; Berry, Bryan RE: FLD2003-11 058 (161 Brightwater Drive) Bryan, I did receive a copy of the application. I have reviewed it and it does not pose a hazard to navigation. Bev Buysse Assistant Director Marine and Aviation Department City of Clearwater 727 -462-6954 Email: bbuysse@clearwater-fl.com -----Original Message----- From: Morris, William Sent: Monday, December 15, 2003 8:39 AM To: Yellin, Catherine; Buysse, Beverly Subject: FW: FLD2003-11058 (161 Brightwater Drive) Please follow up, thanks -----Original Message----- From: Berry, Bryan Sent: Monday, December 15, 2003 8:32 AM To: Morris, William Subject: FLD2003-11058 (161 Brightwater Drive) Bill, Could you please tell me if you received a copy of this application for review. It is for a commercial dock along Brightwater Drive. Thanks. Bryan Berry Planner City of Clearwater Planning Department (727) 562-4539 1 . . 4~~~ ~(.~~~ ~~r)l, '\ ~~ "IC":J '2:' - . ~'" .. r::: :~'" ':.i'<<" '\ -==- ;;:;: ..~~- ~'f'.."""-'~ ~r[;;~"~C" ~~4TE~ ~ .,' .~~~ CITY OF CLEARWATER loNG RANGE PIANNING DEVELOPMENT REvIEW PlANNING DEPARTMENT POST OFFICE Box 4748, CLEARWATER, FLORIDA 33758-4748 MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTIE AVENUE, CLEARWATER, FLORIDA 33756 TELEPHONE (727) 562-4567 FAX (727) 562-4576 December 05, 2003 Mr. Bill Woods 322 Ridge Road Palm Harbor, FL 34683 RE: Flexible Development approval to permit the construction of five multi-use docks to provide 10 slips for a lO-unit Townhome (FLD2002-11 042), with each dock measuring 61.75 feet in length (25 percent of the waterway width) from seawall and 1,195 square feet of total decking for the five proposed docks, under the provisions of Section 3-601. Dear Mr. Woods: The Planning staff has reviewed your applications for Flexible Development as outlined above at 161 Brightwater Drive. After a preliminary review of the submitted documents, staff has determined that the application is complete. The following items /data are required: 1. A signed and sealed site plan for the file. The Development Review Committee (DRC) will review the application for sufficiency on December 23, 2003 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 DRC may have regarding your application. If you have any questions, please do not hesitate to call me at 727-562-4539. zoning information for parcels within the City through http://www.myc1earwater.com/. You can access our website: Sincerely, B~~ Planner E:\PIanning DepartmentlC D BIFLEXlPending caseslUp fer the next DRClBrightwater 161 CLW Tewnhemes DocksIBrightwater 161 Complete Letter.doc BRIAN). AUNGST, MAYOR-COMMISSIONER HOYT HAMILTON, VICE MAYOR-COMMISSIONER WHITNEY GRAY, COMMISSIONER FRANK HIBBARD, COMMISSIONER <it) BIl.LJONSON, COMMISSIONER "EQUAL EMPLOYMENT AND AFFIRMATIVE ACTION EMPLOYER"