FLD2003-12069 (see also TDR2003-12005)
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CASE #: ~L.D1....G03- 2-0w
Planning Department ,._..::.....::~___ . DATE RECEIVED: W 0
100 South Myrtle AvenuEiJ 0 \ r~ lr.::: I I I ~f1 Rj:CEIVED BY (stq[initials): N
Clearwater, Flonda 3375\ij )r:-;L!::, c' t'J TLAS PAGE #: z..
Telephone: 727-562-456fi ru' o~~ DISTRICT: --T
Fax: 727-562-4865 ; I MAY 1 2004 LA i~SE CLASSIFICATION: 1l.t:- ~
fU I 4 S~~UNDING USES OF ADJACENT
o SUBMIT ORIGINAL SIGNED AND NOTARIZED APPLltATIO~ _1 fRJ~ES~_
F-L~!'JN!NGF, DEVELO?tll:t:: 1 r ~t> : RT:
o SUBMIT 12 COPIES OF THE ORIGINAL APPLICATION includirtgj :-; UF CI ~f;P':\ ~ ~p "" ;;), ~~U~~_
1) collated, 2) stapled and 3) folded sets of site plans EA;T:'
~ Clearwater
;-;~
'"~
o SUBMIT APPLICATION FEE $
* NOTE: 13 TOTAL SETS OF INFORMATION REQUIRED (APPLICATIONS PLUS SITE PLANS SETS)
FLEXIBLE DEVELOPMENT APPLICATION
Comprehensive Infill Redevelopment Project (Revised 11/05/02)
-PLEASE TYPE OR PRINT-use additional sheets as necessary
A. APPLICANT, PROPERTY OWNER AND AGENT INFORMATION: (Section 4-202.A)
APPLICANT NAME-:-\" W \" 90.\ 1''\'''-:5 0+: C. \ ~ 0... 'il.I.-'C\...t€\". L L.C-
''1/'V.. () \ ~- . .~ ,~ C') . 3 "3j (p I
MA1LlNGADDRESS: C?'U0 brtCi ~-LL\~e~ ~)r. . L\1'-n A.. j..cil\lLRHC c:l
. ( I l=-
E-MAIL ADDRESS: PHONE NUMBER: 5l ~ --OY: ~ 7
CELL NUMBER: 5 \ ~ vL\ L:l7.S FAX NUMBER: ~ L\. q .-L1. d-~ [;
PROPERTY OWNER(S): - \ Cv~ '\\ ~3,-\ \----r\:) oP- (~ \-C2 0--.\ IJ- R-\e -\. L-L-C--
(Must include ALL owners) I
AGENT NAME(S): '
MAILING ADDRESS: '~ 'e.
,
E-MAIL ADDRESS: ~5\&:t\-~\~ri.\1.Cfs7';~E NUMBER:
CELL NUMBER: lO~ 'l':')qL\3 - FAX NUMBER:
L..\:L\?-,r-~
Lt-Ltto -'80 -:) (.;
B. PROPOSED DEVELOPMENT INFORMATION:
LEGAL DESCRIPTION:
STREET ADDRESS at subject site:
PARCEL NUMBER:
PARCEL SIZE: I 3l~~'\e-~ ."
(acres. square feet) /
PROPOSED USE AND SIZE: -\(l
(number of dwelling units. hotel
DESCRIPTION OF REQUEST(S): See.-. C; ..:.;r.:..\-.:'I \)A- ~
(Include all requested code deviations; e.g. reduction in required number of parking spaces. specific use, etc.)
Page 1 of 7 - Flexible Development Application - Comprehensive infill Redevelopment Project- City of Clearwater
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DOES THIS APPLICATION INVOl.VE THE TRANSFER OF DEVELOPMENT RIGHTS (TD~PREVIOUSL Y APPROVED :~LANNE T
DEVELOPMENT, OR A PREVIOUSLY APPROVED (CERTIFIED) SITE PLAN? YES LNG'_ (if yes, attach a copyottl1e applicable
documents)
.....J
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C. PROOF OF OWNERSHlP: (Section 4-202.A)
o SUBMIT A COPY OF THE TITLE INSURANCE POLICY, DEED TO THE PROPERTY OR SIGN AFFIDAVIT ATTESTING OWNERSHIP (see
page 6)
D. WRITTEN SUBMITTAL REQUIREMENTS: (Section 3-913.A)
o
Provide complete responses to the six (6) GENERAL APPLICABILITY CRITERIA - Explain ~ 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. - 'S~E2- Uh~I't~fV-'
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. Se-€- ~\-~~~A- 1Y4.!-1 '..
3.
The proposed development will not adversely affect the health or safety or persons residing or working in the neighborhood of the proposed
use. . ::].. / <l':h '. 'iA;l\ W ' '
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4.
The proposed development is designed to minimize traffic congestion.
::See _ L;( ~hi\-- (\ ~\ II
5.
The proposed development is consistent with the community character of the immediate vicinity of the parcel proposed for development.
. ~<Le- 2~f'.1.\:)L"\- 1I 'f\l( .'
6.
The design of the proposed development minimizes adverse effeots. inciuding visual, acoustic and olfactory and hours of operation impacts,
on adjacent properties. ~ .e- &",,-\'0 \~ II f\ 1/ . .
o
Provide complete responses to the ten (10) COMPREHENSIVE IN FILL REDEVELOPMENT PROJECT CRITERIA (as applicable) - Explain
how each criteria is achieved in detail:
1.
The development or redevelopment of the parcel proposed for development is otherwise impractical without deviations from the use, intensity
and development standards.
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-X:-e- 7 Xhl '0\
Page 2 of 7 - Flexible Development Application - Comprehensive lnfill Redevelopment project- City of Clearwater
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MAY 1 4 2004
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2. The development of the parcel proposed for development as a compreh.ensive infill redevelopment project or residentialinfill project will not
reduce the fair market value of abutting properties. (Include the existing value of the site and the proposed value of the site. with the'
improvements.) ~.e ? x~;brt-'lll'i
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3. The uses within the comprehensive infill redevelo
4.
5. Suitable sites for development or redevelopment of the uses or mix of uses within the comprehensive infill redevelopment project are not
otherwise available In the City of Clearwater. \ t I I
6. The development of the parcel proposed fer development as a comprehensive infill redevelopment project will upgrade the immediate vicinity of
the parcel proposed for development. ' It i I
7. The design of the proposed comprehensive infill redevelopment project creates a form and function that enhances the community character of
the immediate vicinity ~f the parcei. proposed for development and the City of Clearwater as a whoie.
5~E:- 2xh~\;:)\t itPyi I
8. Flexibility in regard to lot width, required setbacks. height and off-street parking are justified by the benefits to community character and the
immediate vicinity of the parcel proposed for development and the City of Clearwater as a whole.
~~ ~f\.~\1 r\- 'i f\:'
9. Adequate off-street parking in the immediate vicinity according to the shared parking formula in Division 14 of Article 3 will be available to
avoid oh-street parking in the immediate vicinity of parcel proposed for development.
~.~
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10. The design of all buildings complies with the Tourist District or Downtown District design guidelines in Division 5 of Article 3 (as applicable).
Use separate sheets as necessary.
SF- ~ .X~'n~~ IlfTI\
Page 3 of 7 - Flexible Development Application - Comprehensive Infill Redevelopment Projecl- City of Clearwater
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E. SUPPLEMENTAL SUBMITTAL REQUIREMENTS: (Code Section 4-202.A) MAY 1 4 2004
Cl SIGNED AND SEALED SURVEY (including legal description of property) - One original and 12 copies;
~. ,\
Cl 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);
Cl LOCATION MAP OF THE PROPERTY;
Cl 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 method,ology 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;
o GRADING PLAN, as applicable;
Cl PRELIMINARY PLAT, as required (Note: Building permits will not be issued until evidence of recording a final plat is provided);
Cl COpy OF RECORDED PLAT, as applicable;
F. SITE PLAN SUBMITTAL REQUIREMENTS: (Section 4-202.A)
o 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 referenci.ng individual sheets included in package;
Footprint and size of all EXISTING buildings and structures;
Footprint and size of all PROPOSED buildings and structures;
All required setbacks;
All existing and proposed points of access;
All required sight triangles;
Identification of environmentally unique areas, such as watercourses, wetlands, tree masses, and specimen
trees, including description and location of understory, ground cover vegetation and wildlife habitats, etc;
Location of all public and private easements;
Location of all street rights-of-way within and adjacent to the site;
Location of existing public and private utilities, including fire hydrants, storm and sanitary sewer lines, manholes and lift stations, gas
and water lines;
All parking spaces, driveways, loading areas and vehicular use areas, including handicapped spaces;
Depiction by shading or crosshatching of all required parking lot interior landscaped areas;
Location of all soUd waste containers, recycling or trash handling areas and outside mechanical equipment and all required screening {per
Section 3-201(D)(i) and Index #701};
Location of all landscape material;
Location of all jurisdictional lines adjacent to wetlands;
Location of all onsite and offsite storm-water management facilities;
Location of all outdoor lighting fixtures; and
Location of all existing and proposed sidewalks
Cl SITE DATA TABLE for existing, required, and proposed development, in writtenltabularform:
Land area in square feet and acres;
Number of EXISTING dwelling units;
Number of PROPOSED dweJling units;
Gross floor area devoted to each use;
Parking spaces: total number, presented in tabular form with the number of required spaces;
Total paved area,. including all paved parking spaces and driveways, expressed in square feet and percentage of the paved vehicular area;
Size and species of all landscape material; .
Official records book and page numbers of aU existing utility easement;
Building and structure heights;
Impermeable surface ratio (I.S-R.); and
Floor area ratio (FAR.) for all nonresidential uses
Cl REDUCED SITE PLAN to scale (a Y2 X 11) and color rendering if possible
Cl. FOR DEVELOPMENTS OVER ONE ACRE, provide the following additional information on site plan:
One-foot contours or spot elevations on site;
Offsite elevations if required to evaluate the proposed stormwater management for the parcel;
All open space areas;
Location of all earth or water retaining walls and earth berms;
Lot lines and building lines (dimensioned);
Streets and drives (dimensioned);
Building and structural setbacks (dimensioned);
Structural overhangs;
Tree Inventory; prepared by a "certified arborist", of all trees a" DBH or greater, reflecting size, canopy (drip lines) and condition of such trees
Page 4 of 7 - Flexible Development Application. Comprehensive Infill Redevelopment Project- City of Clearwater
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G. LANDSCAPING PLAN SUBMITTAL REQUIREMENTS: (Section 4-1102.A)
o LANDSCAPE PLAN:
All existing and proposed structures;
Names of abutting streets;
Drainage and retention areas including swales, side slopes and bottom elevations;
Delineation and dimensions of all required perimeter landscape buffers;
Sight visibility triangles;
Delineation and dimensions of all parking areas including landscaping islands and curbing;
Proposed and required parking spaces;
Existing trees on-site and immediately adjacent to the site, by species, size and locations, including dripline (as indiCated on
required tree survey);
Location, size, description, specifications and quantities of all existing and proposed landscape materials, including botanical and
common names;
Typical planting details for trees, palms, shrubs and ground cover plants including instructions, soil mixes, backfilling, mulching and
protective measures; .
Interior landscaping areas hatched and/or shaded and labeled and interior landscape coverage, expressing in both square feet and
percentage covered;
Conditions of a previous development approval (e.g. conditions imposed by the Community Development Board);
Irrigation notes
o REDUCED LANDSCAPE PLAN to scale (B % X 11) (color rendering if possible)
o IRRIGATION PLAN (required for Level Two and Three applications)
o COMPREHENSIVE LANDSCAPE PROGRAM application, as applicable
H. STORMWATER PLAN SUBMITTAL REQUIREMENTS: (City of Clearwater Design Criteria Manual and
4-202.A.21)
o STORMWATER PLAN including the following requirements:
Existing topography extending 50 feet beyond all property lines;
Proposed grading including finished floor elevations of all structures;
All adjacent streets and municipal storm systems;
Proposed stormwater detention/retention area including top of bank, toe of slope and outlet control structure;
Stormwater calculations for attenuation and water quality;
Signature of Florida registered professional Engineer on all plans and caiculations
o COPY OF PERMIT INQUIRY LETTER OR SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT (SWFWMD) PERMIT SUSMITTAL
(SWFWMD approval is required prior to issuance of City Building Permit), if applicable
o COPY OF STATE AND COUNTY STORMWATER SYSTEM TIE-IN PERMIT APPLICATIONS, if applicable
I. BUILDING ELEVATION PLAN SUBMITTAL REQUIREMENTS: (Section 4-202.A.23)
Required in the event the application includes a "development where design standards are in issue (e.g. Tourist and Downtown Districts) or as part
of a Comprehensive lnfill Redevelopment Project or a Residentiallntill Project.
o BUILDING ELEVATION DRAWINGS - all sides of all buildings including height dimensions. colors and materials
o REDUCED BUILDING ELEVATIONS - four sides of building with colors and materials to scale (8 Y, X 11) (black and whit~ and color rendering, if
possible) as required
J. SIGNAGE: (Division 19. SIGNS I Section 3-1806)
o 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
o Comprehensive Sign Program application, as applicable (separate application and fee required).
o Reduced signage proposal (8 % X 11) (color), if submitting Comprehensive Sign Program application.
Page 5 of 7 - Flexible Development Application - Comprehensive Infill Redevelopment Project- City of Clearwater
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K. TRAFFIC IMPACT STUDY: (Section 4-202.A.13 and 4-801.C)
o 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:
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
descn7bed n this application.
/
/; .'
il'~
tlQnature of property owner or representative
STATE OF FLORIDA, COUNTY OF PINELLAS ,-,' J::d.
~wom to and subscribed before me this ~ day of
, ~~~f'\' AD. 20D~ to 'me and/o~by
.~~ L _he cO..:€ -e , who lSc::::Qersonally known ~s
produced .- as
identification.
\:n Cl~~ct\c~~ ~
Notary public, -"--''<r
My co.mmission expires: f\\.. .., I . ;)C()
My DEBtiAANN /.I....
E. COMMISSION' ""'RIS
Rn..~XPIRES: Au # DO 23.3928
--<uecI Thf/J NoIaJy g: 15, 2007
ulldeitvr;ters
Page 6 of 7 - Flexible Development Application.. Comprehensive Infill Redevelopment project- City of Clearwater
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MAY 1 4 2004
LETTER OF AUTHORIZATION
This letter will serve as authorization for Housh Ghovaee with Northside
Engineering Services, Inc. to act as an agent frn:~:) \~1 c~\\\\5 oP CJ-t;G''f"l..JJt:J.~- UC
(Property Owner's Name)
And to execute any and all documents related to securing permits
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and approvals for the construction on the property generally located on the
o ,........,
~O \.~;:~~t;~~ \'1 Illl'€ - , lying within
\"\\e\ .0...5 County, State of RD\t'&~.
. ~perty Owner ~\~~e ~~ O~i~\~t2-.\"Y5
-0 . cP C[-ec,-\U-Dqe,~
\ -0. ~))( (0. / lfl 5\;:).. --C:Y-\ lo<g
Address of Property Owner Telephone Number
. C-I ~-\-1l.. \ De OJ' 'l, ; F\ 3'::'1 tc& I
City/Stat /ZJp Code
State of Hortfio
County o;::\;\^",p \\C>6
The foregoing instrument was acknowledge before me this \C( !}... day
~ 0 n ~~f\ce,~Tu.;.;f"
of~)2L~\\'\k, 200"~ by ",,?j{~M ~OOt7-0', as\h\~ of"'" .,- L.J.L
who s pers;-ally know~~~o has pr~duced ''''-
as identification an w 0 did (did not) take an oath.
.. _"""". - nEBRAANNHARRlS -..."
r~~' "y~",,,...., ':
;..: ~~ : ~ ,; y?\RES' August 15. 2.007 /
~~'~":'~$ ._ \-.... . PublicUndQlWriletS f
"t>.;......o'.- ",'<n1".1 T\1IU Nolal'f . t )
"}'f!~!\'" "~':;' . Ig a ure '-J
=.. commission#~ d-~3~d5
(-........ \ ;
\0 ~\v,'(;~i~~\ +.~ '\r1S(Name of Notary Typed, Printed or Stamped)
Notary Public
(SEAL ABOVE)
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MAY 1 4 2004
Revised Exhibit "A" to Flexible Development Application (revised 5/10/04)
Delfino Bay - 190 Brightwater Drive - NES Project #0358
Description of Request:
To raze an existing 12-unit overnight accommodation use and to construct a 10 unit
attached dwelling use (condominium), four stories over parking, (five stories total) with a
reduction to the required front setback from 15' to 4.2' for pavement, and from 15' to
14.5' to building (east), a reduction to the required side yard setback from 10' to 3' to
boardwalk, from 10' to 3' to pool deck, from 10' to 8.3' (west side) to building, and a
reduction to the required rear yard setback from 20' to 0' to pool deck and boardwalk,
with increases to building height from 35' to 45.08' to roof deck (with an additiona18.92'
to top of stair towers and 16' to top of trash chute and elevator and an additional 14.25' to
the top of the roof pavilion) and to allow parapets/railings 4.17' above the roof deck. The
lot area of the subject site would allow only nine (9) units on site so a request to transfer
density of one unit from 620 Bayway Blvd to this site is also a part of this application.
The existing six (6) boat slips on site will remain for sole use of the condominium unit
owners and their guests and shall not be subleased separately from the condominiums.
Written Submittal Requirements:
1. The proposed development will be in harmony with adjacent properties as the
Brightwater Drive area is evolving into a "village" of four and five story
condominiums and townhomes with similar setbacks. The proposed height
will allow for the Mediterranean style to be in scale with the actual
architecture. The additional height being requested for the parapets will
provide added security for people atop the roof deck and will be in scale with
the Mediterranean style. The proposed rooftop pavilion will be used by
residents of the condominium as a rooftop gathering place and look out. The
proposed height is allowable under the flexible development process and will
improve the proposed architectural appearance. To lower the proposed roof
top pavilion would adversely impact the aesthetics of the architectural design
and would provide for an uncomfortable ceiling height for users of the
pavilion. No signage is proposed at this time. The applicant will submit for
signage review at a later date. Additionally, this is a gated condominium
community. A roll up gate will be provided at the entrance to the building and
individual unit owners will be provided with remote control devices for
operation of the gate.
2. The proposed development will not hinder the development/use of or
significantly impair the value of adjacent lands as an existing overnight
accommodation/transient use is being replaced with a well-landscaped
permanent resident type use. Additionally, all required parking spaces would
be provided on site.
3. The proposed development will not adversely impact the health or safety of
persons residing or working in the neighborhood as: 1. required visibility
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MAY 1 4 2004
triangles will be observed; 2. sidewalk will be installed within the right-of-
way where none exists now; and, 3. this is a residential use as opposed to a
commercial or transient use.
4. The proposed development is designed to minimize traffic congestion by
placing all required parking on site.
5. The proposed development is consistent with the community character of the
immediate vicinity as the surrounding properties are converting from typical
transient uses to single-family condominium and townhome uses. Setbacks
being requested are typical for the surrounding area and still allow for a great
deal of lush landscaping.
6. The design of the proposed development minimizes adverse effects on
adjacent properties as the proposed use will not generate any additional
impacts onto surrounding sites anymore than a single- family home would.
The minimal reduction to the front setback being requested enables the
proposed condominium building to be parallel with the eastern property line
while at the same time maintaining the required rear yard setbacks.
Comprehensive Infill Redevelopment Project Criteria:
1. The development of the subject parcel is impractical without the requested
reduction to the required front setbacks in order to provide required parking
and areas on site. Additionally the request for a front setback reduction of
14.5' to the building at the southeastern area of the site is due to the oddly
angled site and will allow the structure to be parallel to the eastern side
property line while maintaining the required rear yard setback. The proposed
height of the parapets/railings will alleviate safety concerns for the residents
when using the proposed roof deck area. The proposed height of the roof top
pavilion will enhance the appearance of the overall design and lowering the
height of the pavilion would lend to an uncomfortable ceiling height for users
of the pavilion.
2. The proposed development will not reduce fair market value of the abutting
properties. Per the Pinellas County Property Appraiser's office, the current
value ofthe subject site is $751,800.00. Upon completion of proposed
improvements, the value of the site will be approximately $3,979,000.00.
3. Residential uses are permitted within the City of Clearwater.
4. The proposed use is compatible with other surrounding condominium and
townhome uses.
5. Other suitable waterfront sites are not yet readily available at this time for this
type of high-end residential development within the City of Clearwater.
6. The proposal inclusive of on site parking, retention, residential use and lush
landscaping will upgrade the immediate vicinity.
7. The form and function of the proposed development will enhance the
community character of the immediate area by lending to the "village" type
feel of the evolving Brightwater area. Additionally, the proposal meets the
expectations of Beach By Design in architectural design and landscaping.
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MAY 1 4 2004
8. By allowing flexibility to the required setbacks in the development of this site,
the surrounding neighborhood will enjoy less parking within the traveled
right-of-way, an architecture typical of the "village" type feel being sought
within the immediate vicinity and a functional high-end residential use as
opposed to a transient type use.
9. Sixteen on-site parking spaces are being provided which will exceed the
requirement of 15 parking spaces.
10. The proposed building design meets the guidelines of Beach By Design with
its Mediterranean feel, detailed fenestration breaking up all sides to avoid a
solid mass, height limits being met with the exception of the railings and roof
top pavilion through the flexible development process and the colors/materials
being proposed. The proposed height of the roof top pavilion will lend to an
attractive design and outdoor recreational feature for the proposed
condominium. Even though side and front yard reductions are being
requested, more area for landscaping will be available than many other
recently approved projects along Brightwater Drive, creating a well-
landscaped site. Four to five levels over parking is called out in Beach By
Design as appropriate for this "Small Motel" district.
Nonhsille
. &~Wt9 s~~ 1~,
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CIVIL.
LAND PLANNING.
ENVI RON MENTAL .
TRANSPORTATION.
May 10, 2004
City of Clearwater
Planning Department
100 South Myrtle Avenue
Clearwater, F133758-4748
ifQ) ~ 0:._ ' WI ~
IUDI MAY~.~~.
j f'u\l'~NiNG 1'1. DE I, i..
{ ._u~;.rrv r)~ r '
Attn: Wayne M. Wells, AICP, Senior Planner
Re: 190 Brightwater Drive - Delfino Bay - NES #0358
Dear Wayne,
Attached you will find fifteen (15) newly revised sets of civil and landscape plans
addressing revised comments presented to our design team at the DRC meeting on May
6, 2004.
General Engineering:
1. Previously proposed back out parking spaces have been eliminated;
2. Dumpster staging area has been shifted closer to the building (there is no
building overhang that would interfere) and is for the most part now out of the
visibility triangle. There is no enclosure proposed for this trash staging area
as dumpsters will be rolled out of the trash room on trash pick up day and
returned to the trash room after trash pick up.
3. The condominium documents which will be prepared by the condominium
association will assign individual parking spaces to the residents and
visitors/utility trucks;
4. See Sheet C5.1 for size of existing water main;
5. Gate valves shall be installed on both sides of the backflow preventor device-
see Sheet C5.1;
6. Fire riser no longer located on a restricted line - see Sheet C5.1;
7. New F.R.A. has been added directly in front of site;
8. Prior to C.O. the condo plat will be recorded with Pinellas County.
Fire:
1. The architect will ensure that the protection against freezing to exterior
exposed piping as per 1999 Edition ofNFPA- 13 5-14.31.1 & 5-14.3.1.2 will
be met;
2. Knox Box key safe for emergency access as per NFP A-I 3-6 will be installed
and is acknowledged;
3. Plans submittal from architect for permitting purposes will indicate
compliance with all required Fire Codes as noted in DRC comments.
601 CLEVELAND STREET, SUITE 930
CLEARWATER, FLORIDA 33755
N ESADMI N@MINDSPRING.COM
N ESTECH@MINDSPRING.COM
727 . 443 . 2869 FAX 727 . 446 . 8036
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Landscaping:
MAY 1 4 2004
1.
I
All plans are now coordinated between Landscape Designer, CivilBJ;lgineer
and Architect; '. "
The two previously proposed back-out parking spaces have been eliminated;
Queen palms have been added to the areas adjacent to the pool for screening
of the building as requested.
_ .c;:.)
2.
3.
Parks and Recreation:
1. Open Space and Recreation Impact Fees will be addressed either prior to
building permits or Final Plat (if applicable) whichever comes first.
Stormwater:
1. Sheet C4.1 has been revised to insure that all site runoff will be routed
through the proposed pond;
2. Please see revised cross sections which provide for 6" depth;
3. Swales will meander around proposed trees;
4. Section C-C on Sheet C4.1 has been revised and a section at the west end of
the retention pond has been added.
Traffic Engineering:
1. The two back out parking spaces have been eliminated;
2. Proposed gate will be a roll up gate and will no longer swing out. Individual
owners will have remote gate opening devices in their vehicles as with a
garage door opener;
3. Columns used - no shear walls used that would create sight obstruction for
parking spaces;
4. Staging area is for temporary placement of trash - no enclosure is proposed.
Trash containers will be rolled out for trash pick up and then returned to trash
room after pick up;
5. A roll up gate is now proposed. No control console is proposed as individual
owners will have remote gate openers in their vehicles;
6. The existing 12 overnight accommodation units are proposed for demolition.
Planning:
1. Heights as requested are now shown correctly on architectural plans and
described wi thin the narrative and are accurately reflected on Sheet C 1.1 ;
2. Previously a swing out gate was indicated. The owner has now requested a
roll up gate that is indicated on all plans. Unit owners will be provided with
remote gate opening devices to be kept in their vehicles;
3. AlC units are on the roof;
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_... ~_. _.._;1
MAY 1 4 200~
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; j.
4. The two (2) previously proposed back out parking spaces have been
eliminated. This is due to the proposed driveway/entrance now being centered
within the building.
5. No enclosure is proposed for the trash staging area. Trash containers will be
kept in the trash rooms and rolled out to the trash staging area on trash pick up
day and then returned to the trash room after pick up.
6. Request has been modified to ten (10) dwelling units based on the denial by
CDB of the calculation of density. Architect has revised floor plans and
elevations to reflect changes as a result of the elimination of the one unit.
7. No signage is proposed at this time. The applicant may, at a later date, revisit
any need for signage;
8. Architect to address stairwell construction. Additionally, the proposed
building has been slightly shifted to the east allowing a distance of 8.3' from
the southwest comer of the building to the side property line.
9. The applicant will provide required warranty deed for the transfer of density
to this site prior to permitting;
10. Acknowledged and to be ensured by architect;
11. Any boats moored at the docks, lift and/or slips shall be for the exclusive use
by the residents and/or guests of the condominiums and shall not be sub-
leased separately from the condominiums;
12. All applicable requirements of Chapter 39 ofthe Building Code shall be met
related to seawall setbacks.
13. All proposed utilities (from the right-of-way to the proposed building) shall be
placed underground and installation of conduit(s) along the entire length of
the site's street frontage shall be completed prior to the issuance of the first
certificate of occupancy;
14. A Condominium plat will be recorded prior to the issuance of the first
Certificate of Occupancy;
15. All Fire Department requirements shall be met prior to the issuance of any
permits;
16. Drawings have been revised by way of appropriate hatching to indicate
pavement in lieu of landscape areas below the building;
17. The architect has revised the floor plans and elevations to reflect the
elimination of one unit for a total of 10 units;
18. The architect shall provide color samples/chips of the proposed building
colors;
19. The addition of the 2' seawall cap will be constructed by a seawall contractor
to insure proper construction. Section C-C on Sheet C4.1 has been revised;
20. Previously proposed back out spaces have been eliminated and the Site Data
Table on Sheet C 1.1 accurately indicates 16 proposed parking spaces on site;
21. The architect has revised and coordinated floor plans and elevations;
22. Verbiage has been revised by the architect to accurately reflect exterior
material and color on the east elevation;
23. Building dimensions have now all been coordinated between architectural and
civil plans;
24. Trash chute room dimensions now coordinated;
.
.
MAY 1 4 2004
25. Because of the need to revise the previously proposed column layout there are
some minor changes to the layout of the garage entrance and parkliig area. 1.
garage entrance/driveway is now at the center of the building and not off to
the side; 2. The storage rooms on the garage level are eliminated; 3. The side
doors on the east and west sides of the garage level are eliminated; 4. The two
previously proposed back-out spaces are eliminated; The trash staging area
has been shifted closer to the building with a walkway leading to the trash
room for easier movement of the trash containers to and from the trash staging
area; There are two parking spaces on the outside of the building (one on each
side of the driveway). There are no drive aisle extensions leading from the
garage to the east and west. These are "bump outs" of the parking area under
the building making it easier for vehicles backing out of the outermost parking
spaces. All plans are now coordinated;
26. The handicap parking space and van aisle are now in close proximity to the
elevator and the handicap access from the sidewalk to the building is in place.
I hope that this will satisfy whatever needs to happen in order for this project to stay on
track for the June 15, 2004 CDB agenda. I ask that if any other issues arise that they be
placed as conditions of approval as part of the Staff Report and Development Order.
Please do not hesitate to contact this office if you have any questions regarding this
proj ect.
Very Truly Yours,
Dlc-19-03 12: 26pm
Frcm-RI~ GILKEY ATTYS
727-446-3741
T -3S8 P 02/02 HO 1
.
This Document l'repal-ed By and Relllrn 10:
JOHN P. ~TIN, P.A.
40J. S. LINCOLN AVE.
CLE1IRWA~R, FL 33156
:; ,iMAY 1 4 2004
U\__,-::--",:c'
r;" ?>!\\NING p" f)E:';t::,'.,. ., It
C Wt. (~r.-\~OI- CL.~~.,~.\~.oJ\J/'"
'- \., J'-'
l'arccllD Number: Q8-29-15-04932-000~0340
Grantcclll TIN; 20-0379696
Warranty Deed
This Indenture, Madethi~ 12th day of December , 2003 A.D..
Robert w. Lec~erc and Loretta M. Leclerc, husband and wife
Between
of tho Counly of Pinel.laa ,S~le of Flori.da , grantors, and
~win Palms Of Clearwater, LLC, a Florida limited liability company
whose address is; 200 Brightwa tar Dr., tJni t 2, Claarwa te:r:, FL 33767
of Lbe County of Pinel laB
Stalll of Florida
, grantee.
Witnesseth Ihatlhe GRANTORS, for and in ~ollSjderation oftho sum of
------~-----------------~EN DOLLARS ($10)~---------------------- DO~,
.nd oth... good IIIld valuoble colISidoration to GRANTORS in 1\81ld paid by GRANTEE, IhI: roceipt whereof is hereby aclmowlcdlll'Q, have
grauletl, bargained and sold to rhe said GRANTEE IOd GRANTEE'S beit-s, SUC:CMSOrs and assigns forc:vCl'. lIle fOllowinll described land, silwllo,
lying and beinll in the COWlty of Pinellas State of Florida '0 wi" ·
Lo~s 34 and 35, BAYS IDE SUBOrvISION NO.2, according to the map or
plat thereof as recorded in Plat Book 27, pages 32 and 33, Public
Recorda of FinellaI'! County, Florida.
Subject to restrictions, reservations and easements of record, if
any, and ~es subsequent to 2003.
ond tho gmntors do hon:by folly warrant tho title to ~aid land, and will dcf<:nd the same osoinst lo.wl\,) claullS of all person. whODL5oevt,.
In Witness Whereof, lbe grantots have hereunto Sel lhej( bands and seals tho day and yeer fil'lll above written.
- d..dd," ~~dL-
R bart W. Lee erc
(Seal)
: j' AddrC!lS: 2247 N. OverbrooK Ave" BelleAJr Blum, FL 33770
\~ ~ i}~l ~ ,0 t~iLU (Seal)
Loretta M. Leclerc
j'.O, A~.; 2247 N. Ovcrbrook Ave., Bellenlr Bluffs, PL 33710
r.~ f..
STATE OF Florida
COUNTY OF PineUas
Tho foregoing iostl'\JmCIll WIllI ackDowled~d before me thi. 12 th day of" December
Robert W. Leclerc and Loretta M. Leclerc, husband and wife
, 2003 by
who aro p.~n.lly knOWlI ro me or who have produced weir Florida
!;MILG. PRATESI ~
MY ~OMMI~SION # DO 016056
EXPIAEv: JUlIa 26, 2005 .
tltYlQ"d llirol NOte.-y PI~1IIe Uf\d8fVn*,"
~~"-
Prl.nted Name:
Notary Public
My CollUl1ission Expires:
lonhside
&~~ St'Z~ 1Ht.
601 CLEVE LAN D STRE ET, SU ITE 930
CLEARWATE R, FLORI DA 33755
N ESADMIN@MINDSPRING.COM
N ESTECH@MINDSPRING.COM
727 . 443 . 2869 FAX 727 . 446 . 8036
e
CIVIL.
LAND PLANNING.
ENVI RONMENTAL .
TRANSPORTATION.
MAY 1 4 2004
STORMWATER REPORT
FOR:
DELFINO BAY
PROJECT
enneth Roush, P.E. #33366
MAY 11200\
May 2004
Project No. 0358
,..
.
NORTHSIDE ENGINEERING SERVICES
25 YEAR STORM EVENT
PROJECT: DELFINO BAY
PROJECT NO. 358
RUN-OFF COEFFICIENTS
PRE-CONSTRUCTION
TOTAL DRAINAGE AREA=
IMP. AREA=
POND AREA=
PERV. AREA=
C=
0.37
POST -CONSTRUCTION
TOTAL DRAINAGE AREA=
IMP. AREA=
POND AREA=
PERV.AREA=
C=
0.64
STORAGE CALCULATION
PRE-CONSTRUCTION
DRAINAGE AREA =
TIME OF CONC. Te =
I @ Tc =60 (25 YEAR EVENT):::
Q(out) = C x I x A =
POST -CONSTRUCTION
.
MAY 1 4 2004
13,610 SF 0.31 AC
9,169 SF OF IMP. AREA@ C =
o SF OF POND AREA @ C =
4,441 SF OF PERV. AREA @ C =
0045
1
0.2
13,610 SF 0.31 AC
7,300 SF OF IMP. AREA@ C =
1,069 SF OF POND AREA @ C =
5,241 SF OF PERV. AREA@ C =
0.9
1
0.2
0.31 AC
60 MIN
3.50 IN/HR
0040 CFS
TIME I Q(in) INFLOW
(MIN.) (IN/HR) (CFS) (CF)
60.00 3.50 0.70 2,513
WEIR DESIGN
TOP. OF WEIR ELEV.=
BOT. OF WEIR ELEV.=
H=
Q=
L=Q/3.3*H^1.5 =
4.30 FT
4.20 FT
0.10 FT
0.70 CFS
6.69 FT
~.
L___
.
.
MAY 1 4 2004
PROJECT NAME:
DELFINO BAY
PROJECT NO. :
358
POND'S STAGE STORAGE DATA:
T.O.B. EL.=
STAGE AREA AREA STORAGE
ft-NGVD SF AC CF
4.80 1,069 0.025 1,133
4.55 943 0.022 881
4.30 818 0.019 661
4.20 768 0.018 582
3.50 416 0.010 168
3.00 165 0.004 23
2.80 64 0.001 0
W.Q. EL.=
BOTTOM EL.=
TOTAL WATER QUALITY CALCULATIONS:
DRAINAGE AREA =
13,610 SF
REQUIRED WATER QUALITY DEPTH =
0.50 IN
REQUIRED WATER QUALITY VOLUME =
567 CF
PROPOSED OUTFALL ELEVATION =
4.20 FT
AVAILABLE WATER QUALITY =
582 CF
~.. JIIa '"
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.
MAY 1 4 2004
NORTHSIDE ENGINEERING SERVICES
POND DRAWDOWN ANALYSIS
PROJECT:
DELFINO BAY
PROJECT NO.:
358
VOLUME PROVIDED = 582 C.F.
BOTTOM OF SLOT ELEV. = 4.20 POND AREA (SF) =
BOTTOM OF POND ELEV. = 2.80 POND AREA (SF) =
UNDERDRAIN INVERT ELEV. = 1.80
COEFFICIENT OF PERMEABILITY (K) = 0.09 FT/MIN
LENGTH OF UNDERDRAIN = 6 FT
SIZE OF UNDERDRAIN = 6 INCH
768 S.F.
64 S.F.
ELEV. AVG.HEAD INCR HEAD L(AVG) HYD. GRAD. IL TER ARE.II FLOW POND AREA INCR VOL. INCR TIME
FT FT FT FT FT/FT S.F. CFM S.F. C.F. MIN.
4.20 768
1.98 0.35 2.75 0.72 9 0.61 237 390
3.85 592
1.63 0.35 2.75 0.59 9 0.50 175 350
3.50 416
1.28 0.35 2.75 0.46 9 0.39 113 288
3.15 240
0.93 0.35 2.75 0.34 9 0.29 50 175
2.80 64
TOTAL DRAWDOWN VOLUME =
576
C.F.
TOTAL DRAWDOWN TIME =
20.1
HOURS
CITY OF CLEARWATER
PlANNING DEPARTMENT
POST OFFICE Box 4748, CLEARWATER, FLORIDA 33758-4748
MUNICIPAL SERVICES BUIWING, 100 SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756
TELEPHONE (727) 562-4567 FAX (727) 562-4576
LONG RANGE PLANNING
DEVELOPMENT REVIEW
June 16,2004
Mr. Housh Ghovaee
Northside Engineering Services, Inc.
601 Cleveland Street, #930
Clearwater, FL 33755
RE: Development Order - FLD2003-l2069/TDR2003-12005, 190 Brightwater Drive
Dear Mr. Ghovaee:
This letter constitutes a Development Order pursuant to, Section 4-206.D.6 of the Community
Development Code. On June 15, 2004, the Community Development Board reviewed your
Flexible Development application to permitt~n attached dwellings with reductions to the front
(south) setback from 15 feet to 14.5 feet (to building) and from 15 feet to 4.2 feet (to pavement),
reductions to the side (east) setback from 10 feet to 7.5 feet (to pavement) and from 10 feet to
three feet (to pool deck and sidewalk), reductions to the side (west) setback from 10 feet to 8.3
feet (to building) and from 10 feet to three feet (to sidewalk), a reduction to the rear (north)
setback from 20 feet to zero feet (to pool deck and boardwalk) and to increase the building height
from 35 feet to 45.08 feet (to roof deck) with an additional 4.17 feet (from roof deck for
perimeter parapets) and an additional 14.25 feet (from roof deck for a rooftop pavillion), as part
of a Comprehensive Infill Redevelopment Project, under the provisions of Section 2-803.C
(retaining six existing boat slips and one existing dock for sole use by the property owners) and
the Transfer of Development Rights for one dwelling unit from 620 Bayway Boulevard, under
the provisions of Section 4-1403, at 190 Brightwater Drive. 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 as a Comprehensive Infill
Redevelopment Project per Section 2-803.C; ,
2. The proposal is in compliance with other standards in the Code including the General
Applicability Criteria per Section 3-913; and
3. The development is compatible with the surrounding area and will enhance other
redevelopment efforts.
Conditions of Approval:
1. That the final design and color of the building be consistent with the conceptual
elevations submitted to, or as modified by, the CDB;
BRIAN). AUNGST, MAYOR-COMMISSIONER
HoYT HAMILTON, VICE MAYOR-COMMISSIONER WHITNEY GRAY, COMMISSIONER
FRANK HIBBARD, COMMISSIONER * BII.L]ONSON, COMMISSIOf\iER
"EQUAL EMPLOYMENT AND AFFIRMATIVE ACTION EMPLOYER"
-."
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.
June 16, 2004
Ghovaee - Page Two
2. That, prior to the issuance of any permits, the site plan be revised to either eliminate the
western open parking space or redesign the accessible path to be in front of the parking
space;
3. That the pool deck be lowered to a maximum of 12 inches above the top ofthe seawall
and sidewalk access modified to provide adequate ramping for pedestrian access prior to
the issuance of any permits;
4. That a special warranty deed, specifying the number of dwelling units being conveyed or
sold from 620 Bayway Boulevard and being transferred to this site, be recorded prior to
the issuance of any permits for this project. The special warranty deed shall also contain
a covenant restricting in perpetuity the use of all platted lots at 620 Bayway Boulevard
due to the transfer of development rights. Any mortgage holder of the sending site (620
Bayway Boulevard) shall consent to the transfer of development rights prior to the
issuance of any permits;
5. That a Unity of Title be recorded in the public records prior to the issuance of any
permits;
6. That boats moored at the docks, lift and/or slips be for the exclusive use by the residents
and/or guests of the condominiums and not be permitted to be sub-leased separately from
the condominiums;
7. That any future freestanding sign be a monument-style sign a maximum four feet in
height and designed to match the exterior materials and color of the building;
8. That all applicable requirements of Chapter 39 of the Building Code be met related to
seawall setbacks;
9. That a condominium plat be recorded prior to the issuance of the first Certificate of
Occupancy;
10. That all proposed utilities (from the right-of-way to the proposed building) be placed
underground. Conduits for the future undergrounding of existing utilities within the
abutting right-of-way shall be installed along the entire site's street frontages prior to the
issuance of a Certificate of Occupancy. The applicant's representative shall coordinate
the size and number of conduits with all affected utility providers (electric, phone, cable,
etc.), with the exact location, size and number of conduits to be approved by the
applicant's engineer and the City's Engineering Department prior to the commencement of
work;
11. That all Fire Department requirements be met prior to the issuance of any permits; and
12. That all Parks and Recreation fees be paid prior to the issuance of any permits.
Pursuant to Section 4-407, an application for a building permit shall be made within one year of
Flexible Development approval (June 15, 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.
. .~
-
.
.
June 16,2004
Ghovaee - Page Three
The issuance of this Development Order does not relieve you of the necessity to obtain any
building permits or pay any impact fees that may be required. In order to facilitate the issuance
of any permit or license affected by this approval, please bring a copy of this letter with you when
applying for any permits or licenses that require this prior development approval.
Additionally, an appeal of a Level Two approval (Flexible Development) may be initiated
pursuant to Section 4-502.B by the applicant or by any person granted party status within 14 days
ofthe date of this Development Order. The filing of an application/notice of appeal shall stay the
effect of the decision pending the final determination of the case. The appeal period for your
case expires on June 29,2004 (14 days from the date of this Development Order).
If you have any questions, please do not hesitate to call Wayne M. Wells, Planner III, at 727-562-
4504. You can access zoning information for parcels within the City through our website:
www.clearwater-fl.com. *Make Us Your Favorite!
Cynthia H. Tarapani, AICP
Planning Director
S:\Planning DepartmentlC D BIFLEXi/nactive or Finished ApplicationslBrightwater 190 Delfino Bay (T) - ApprovedlBrightwater 190
Development Order. doc
..
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FAX COVER MEMO
CITY OF CLEARWATER
PLANNING DEPARTMENT
100 S. MYRTLE AVE.
CLEARW A TER, FL 33756
(727) 562-4567 FAX: (727) 562-4865
TO: \)~\o~ ~J\k
FAX: .. 4-+~ ... ~03~
Phone:~+ 3 ~ L..--CO ~ ~
FROM: \J~ ~ ~ \'i Phone:~ 10 '2.. . + SO+-
DATE:~ ~ ~\)t RE: 5 h-\:1
MESSAGE: ~k.~ Ar~ :',Ltt- ~ot\s tr \.....
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FLD 1... 00+- 0 I 01:>1- - ~ ~b.n-
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NUMBER OF PAGES(INCLUDING THIS PAGE) 2,7
..
.
.
':::B II' I I j[i F'EF'I]F'T
Jun. 10 2004 04:34PM
YOUR LOGO
YOUR FAX NO.
Cit~OfClearwater-Plan Dept
727 562 4865
NO. OTHER FACSIMILE
01 94468036
START TIME USAGE TIME MODE PAGES RESULT
Jun. 10 04:23PM 10'30 SND 27 OK
TO Tl.RN CFF REPCRT, PRESS ' 1"EtfJ' mw.
TI-B>I SELECT CFF BY US I I'[] , +' rn ' -' .
Frn FAX ~AGE FlSSISTFtCE, PLEASE CALL 1-800-I-EL..P-FAX (435-7329).
Nonhside
&~Wt9 s~ 1Ht,
.
CIVIL.
LAND PLANNING.
ENVI RON MENTAL ·
TRANSPORTATION.
/,-...,
.'-......,' ;~ '~
". \-
\L
LET.TER OF TRANSMITTAL
Date: May 11, 2004
To: City of Clearwater Planning Department
100 S. Myrtle Avenue
Clearwater, Florida 33758-4748
Attn: Wayne M. Wells, AICP, Senior Planner
Reference: FLD2003-12069/TDR2003-12005 - 190 Brightwater Drive - Delfino
Bay - N ES Project #0358
We Transmit: (X) Enclosed () Under Separate Cover
( ) Mail ( ) Courier
o Pick-up (X) Hand Delivered
(X)Originals
o Prints
( ) Addendum
( ) Shop Drawings
( ) Specifications
o Applications
( ) Floppy Disk
o Per Your Request (X) For Your Review & Comment
o For Your Use ( ) For Your Approval
( ) For Your Files ( ) For Your Information
Copies Date Description
15 Full set of revised Civil, & Landscape Plans for
COB submittal (9 sheets)
15 Revised narrative
15 Response letter
15 Architectural Elevations & Floor Plans, Paint
Chips (copies provided by architect)
Comments: Please do not hesitate to contact this office should you have any
further questions or comments reqardinq this proiect.
COPF~:
\\ \
\
By: \
File
W I' .. IVIj(! : 'I
li MAY P 2OO't ~
\\ ,J C'
r:.Lk F'. '.' .,1 S-V ~
r N\;C~i"'1 "1 . . ';"i'U~A\(R '
~ ~ ..... 0.-'.. ~"
...-...........,.......
~~
ice President/Planner
601 CLEVELAND STREET, SUITE 930
CLEARWATER, FLORI DA 33755
N ESADMI N@MINDSPRING,COM
N ESTECH@MINDSPRING.COM
727 . 443 . 2869 FAX 727 . 446 . 8036
. .
~ andAssoclates Archiledure, Inc.
Architecture -
G";\ -1-i-IG;. Tc IllVj ; c. \ \.~.
~~~~~venue IIJ~ ... -_.~ ,I!
:a:~::l \~~v~~:t.E~ :E::~~OE'~jl\...
In QF g _ __:"
Planning
sjs@Spencerarch.com
www.spencerarch.com
Date:
Re:
May 5, 2004
Delfino Bay Condos
To: Mr. Wanye Wells
City of Clearwater
100 S. Mrytle Ave.
Clearwater, Florida
(727) 562-4504
We transmit
IZI Herewith
o Under separate cover
The followi~:
o
o
Architectural Drawings
Specifications
Submittals
o
o
o
Certificate for Payment
Change Order
OTHER
Copies
I each
Description
Preliminary Floor Plans and Exterior Elevations
sheets: PI, P2 & P3
for your review
Comments:
Via: Delivered by Christy Butler
Copies to: File
By: Christy Butler for Steve Spencer
American Institute of Architects Member
AA0003292
LL
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()
FAX COVER MEMO
CITY OF CLEARWATER
PLANNING DEPARTMENT
100 S. MYRTLE AVE.
CLEARW A TER, FL 33756
(727) 562-4567 FAX: (727) 562-4865
TO: 1) e~n>.. ~t'~_~
FAX: 4-A- \Q - <0 0 :3 <.-,
Phone: +A- ~ - "2--~ \0 ~
FROM: W()..\~ ~Q\V.
DATE:~ ~ ~4- RE:
MESSAGE:
~\~iJe.- t~ <,~.... \.-J"T~'~ 'M;;'~ ~r
c... - N'\Li r)~ \,,, of L c...o..;)L.i. )
NUMBER OF PAGES(INCLUDING THIS PAGE) )'t)
! '::::.Et 1[1 I r 11:.i F'EF'[IF'T
.
.
Apr. 30 2004 05:23PM
YOUR LOGO
YOUR FAX NO.
Cit~OfClearwater-Plan Dept
727 562 4865
NO. OTHER FACSIMILE
01 94468036
START TIME USAGE TIME MODE PAGES RESULT
Apr. 30 05:19PM 04'03 SND 10 OK
TO ~ CFF REPCRT, PRESS ' I"BU' U04.
TI-EN SELECT CFF BY US It-[]' +' OR ' -' .
Fffi FAX ADVANTl=G::: ASS I STAt-CE, PLEASE a::LL 1-800-+ELP-FAX (435-7329).
.
.
Case Number: FLD2003-12069 -- 190 BRIGHTW ATER DR
Owner( s): Twin Palms Of Clearwater LIc
200 Brightwater Dr
Clearwater, FI33767
TELEPHONE: 727-512-0468, FAX: 727-449-9256, E-MAIL: No Email
Representative: Northside Engineering
60 I Cleveland Street
Clearwater, FI33755
TELEPHONE: 727-443-2869, FAX: 727-446-8036, E-MAIL: nesadmin@mindspring.com
Location: 0.31 acres located on the north side of Brightwater Drive, approximately 1400 feet east of Harnden Drive.
Atlas Page: 276A
Zoning District: T, Tourist
Request: Flexible Development to permit attached dwellings with reductions to the front (south) setback from 15 feet
to zero feet (to pavement) and from 15 feet to four feet (to dumpster staging area), reductions to the side
(east) setback from 10 feet to nine feet (to building) and from 10 feet to three feet (to pool deck and
sidewalk), reductions to the side (west) setback from 10 feet to four feet (to building), from 10 feet to seven
feet (to pavement) and from 10 feet to three feet (to sidewalk), a reduction to the rear (north) setback from
20 feet to zero feet (to pool deck and boardwalk) and with increases to building height from 35 feet to 45
feet (to roof deck) with an additional 4.17 feet (from roof deck for perimeter parapets) and an additional 15
feet (from roof deck for a rooftop pavillion) and to permit parking that is designed to back into the public
right-of-way, as part of a Comprehensive Infill Redevelopment Project, under the provisions of Section
2-803.C (retaining six existing boat slips and one existing dock for sole use by the property owners) and the
Transfer of Development Rights for one dwelling unit from 620 Bayway Boulevard, under the provisions of
Section 4-1403.
Proposed Use: Attached dwellings
Neighborhood Clearwater Beach Association
Association(s): Clearwater, Fl33767
827 Mandalay Ave
TELEPHONE: 727-446-5801, FAX: No Fax, E-MAIL: dmacnav@att.netl
Presenter: Wayne Wells, Senior Planner
Attendees Included: Staff: Frank Gerlock, Wayne Wells, Scott Rice, Deb Richter, Todd Voigt, Tom Glenn and
Duanne Anderson.
Applicant/Representative: Rich Kelley, Christy Butler, Roland Rogers, Housh Ghovaee and Debra Harris.
The DRC reviewed this application with the following comments:
General Engineering:
I. I) No back out parking into the street. All parking must be provided on site.
2) Dumpster staging area within site visibility triangle.
3) Where do guests and the service utility trucks park?
4) Need to show size of the existing water main that will provide water supply to the fire line and
domestic water meter.
5) Need to install gate valves on both sides of the backflow preventor device.
6) Yard hydrant (fire riser) located in the rear of the property cannot be on a restricted line.
8) Need to install a F.H.A. for fire protection.
All of the above to be addressed prior to CDB.
Prior to C.O.:
I) Condo plat recorded with Pine lIas County.
Environmental:
No Comments
Fire:
Development Review Agenda - Thursday, May 6, 2004 - Page 16
Eru;ure the pm!n ag.m,t freezmg to ex!erio, expo,ed pipmg t" J 999 Edition of
NFP A-13 5-14.3.1.1 & 5-14.3.1.2. Acknowledgement of the intent to comply is required prior
to CDB.
Install a Knox Box key safe for emergency access as per NFP A-I 3-6. Required prior to
building permit.
Plans submittal must indicate compliance with the following codes: Florida Fire Prevention
Code 2001 Edition, NFP A 14 2000 Edition, NFP A 72 1999 Edition, NFP A 13 1999 Edition,
NFP A 101 2000 Edition, NFP A 70 (National Electric Code) 1999 Edition along with 4A-47 &
4A-48 and F.S. 633. Required prior to building permit.
Harbor Master:
No Comments
1.
2.
3.
Legal:
No Comments
Land Resources:
No Comments
Landscaping:
No Comments
Parks and Recreation:
1 . Open Space and Recreation Impact Fees will need to be addressed for this project. Verification
is needed of the existing number of hot ell motel guestrooms to be able to determine the credit. 4
motel guestrooms = 1 residential unit. Fees are due prior to issuance of building permits or
final plat (if applicable) whichever occurs first. Please contact Deb Richter at 727-562-4817.
Stormwater:
1 . 1. Demonstrate that all site runoff is routed through water quality pond.
2. All drainage swales must be a minimum of 6-inches deep.
3. Section B-B on Sheet Ll.l indicates trees, mulch bed, etc. in proposed drainage swale.
Indicate how positive drainage will be maintained with the proposed landscaping.
4. Section C-C on Sheet C4.1 indicates a top elevation of the seawall at 4.8, the existing seawall
elevation at the northwest comer of the property is 2.8. Provide an additional cross section for
the west end of the proposed pond to demonstrate proposed grades in this area.
All of the above to be addressed prior to CDB.
Prior to a building permit a copy of the approved SWFWMD permit is to be submitted.
Solid Waste:
No Comments
Traffic Engineering:
1 . 1. Remove two (2) back out parking spaces along Brightwater Drive. (DRC Note: Applicant
desires to provide parking for residents of Brightwater Drive; will continue to request these two
spaces.) 2/6/04 - NOT MET
2. To minimize stacking problems in the driveway, the gate should not swing toward street.
2/6/04 - NOT MET 4/12/04 - met - gate removed
3. Remove sight obstruction for all parking spaces i.e. walls. 2/6/04 - MET - COLUMNS
USED INSTEAD OF WALLS
4. What is the staging area for? Please label its intended use.2/6/04 - MET - TRASH
5. Show control console for gate.2/6/04 - NOT MET 4/12/04 - met gate and console deleted
6. All of the above to be addressed prior to CDB.
7. Please indicate how many units the demolished building had in order to give proper TIF
credit.
*** Traffic Impact Fees to be assessed and paid prior to e.O.
Planning:
Development Review Agenda - Thursday, May 6, 2004 - Page 17
.
.
1.
4/23/04 - WW
Provide the height of the building from BFE to the top of roof deck and the height of the roof top
pavillion from top of roof deck to top of the pavillion roof. Since roof top pavillion is not
elevator, stair or mechanical equipment rooms where the Code permits additional height, the
additional height for the roof top pavillion will have to be added to the request. Suggest reducing
height of pavillion to be in scale with other projections above roof deck, potentially eight feet
from roof deck to facia. Provide decorative outlookers on pavillion. Code permits elevator, trash
chute and stairs to extend a maximum of 16 feet above roof deck. Elevations indicate these will
extend higher. Reduce the height of these to a maximum of 16 feet above roof deck. Ensure that
the heights stated in the Site Data Table on Sheet CLl match the heights shown on the building
elevations.
2/10/04 - WW
Roof deck appears to be a flat roof, not a pitched roof, based on the building elevations
submitted. Provide the height of the building from the BFE to the roof deck, the height of the
parapet from the roof deck, the height of the stair towers, elevator tower and trash chute tower
from the roof deck. Also, provide the height of the rooftop pavillion from the roof deck to the
top of the roof of the pavillion. Finally, ensure that the heights stated in the Site Data Table on
Sheet CLl match the heights shown on the building elevations.
1/12/04 - WW
Provide on the building elevations the BFE and the height of the building from the BFE to the
roof deck (assumed to be a flat roof) and the height of the parapet from roof deck. If flat roof,
revise Site Data Table on Sheet C1.1.
4/23/04 - WW
Have gates been eliminated?
2/10/04 & 1/12/04 - WW
Proposed gates to the underside, ground-level parking interferes with parking spaces, whether the
gates open out or in. Advise/revise.
4/23/04 & 2/10/04 & 1/12/04 - WW
Show/indicate location of a/c units (if on the roof, indicate such).
4/23/04 & 2/10/04 - WW - Staff will not support request.
1/30/04 - WW - Change made as a result ofDRC meeting.
1/12/04 - WW
Staff will not support parking designed to back into the right-of-way. These two proposed
parking spaces also interfere with required sidewalk within the right-of-way.
(DRC Note: Applicant desires to provide parking for residents of Brightwater Drive; will
continue to request these two spaces.)
4/23/04 & 2/10/04 & 1/12/04 - WW
A portion of the dumpster enclosure is within the visibility triangle.
4/21/04 - WW - CDB denied on 4/20/04 the appeal (APP2004-00002) of how density is
calculated. Must reduce by one dwelling unit. Need to indicate on which floor that is occurring
and the changes to the front and rear elevations.
2/1 0/04 - WW - Request is being found insufficient based on density not meeting Code
proVISiOns.
1/30/04 - WW - Change made as a result ofDRC meeting.
1/12/04 - WW
By Code, only a maximum of nine dwelling units can be developed on this site (density is
rounded down). Based on this maximum, Section 3-1402 only permits a maximum transfer of
"20 percent of the permitted development potential of the site prior to the transfer," or only one
dwelling unit (not two as requested) (9 x 0.2 = 1.8). Revise TDR and request to reduce by one
dwelling unit. (DRC Note: Applicant wants 11 dwelling units and will challenge our
calculations at CDB.)
4/23/04 & 2/10/04 & 1/12/04 - WW
Show location of proposed signage (if any. If none proposed, note such). If signage is proposed,
provide details (height, area, construction, color, etc.).
4/23/04 & 2/10/04 - WW - Unsure of any determinations at this time.
1/30/04 - WW - Change made as a result ofDRC meeting.
1/12/04 - WW
It appears that both stairwells are open (non-enclosed). Ensure building/fire codes will permit
open stairwells at the setbacks proposed. (DRC Note: Applicant to check this out.)
2.
3.
4.
5.
6.
7.
8.
Development Review Agenda - Thursday, May 6,2004 - Page 18
.
.
9.
4/23/04 & 2/10/04 & 1/12/04 - WW
Condition to be placed on the Development Order:
That a special warranty deed, specifying the number of dwelling units being conveyed or sold
from 620 Bayway Boulevard and being transferred to this site, be recorded prior to the issuance
of any permits for this project. The special warranty deed also must contain a covenant
restricting in perpetuity the use of 620 Bayway Boulevard due to the transfer of development
rights.
4/23/04 & 2/10/04 & 1/12/04 - WW
Condition to be placed on Development Order:
That the final design and color of the building be consistent with the conceptual elevations
submitted to, or as modified by, the CDB.
4/23/04 & 2/10/04 & 1/12/04 - WW
Condition to be placed on Development Order:
That boats moored at the docks, lift and/or slips be for the exclusive use by the residents and/or
guests of the condominiums and not be permitted to be sub-leased separately from the
condominiums.
4/23/04 & 2/10/04 & 1/12/04 - WW
Condition to be placed on the Development Order:
That all applicable requirements of Chapter 39 of the Building Code be met related to seawall
setbacks.
4/23/04 & 2/10/04 & 1/12/04 - WW
Condition to be placed on the Development Order:
That all proposed utilities (from the right-of-way to the proposed buildings) be placed
underground and installation of conduit( s) along the entire length of the site's street frontage be
completed prior to the issuance of the first certificate of occupancy.
4/23/04 & 2/10/04 & 1/12/04 - WW
Condition to be placed on the Development Order:
That a condominium plat be recorded prior to the issuance of the first Certificate of Occupancy.
4/23/04 & 2/10/04 & 1/12/04 - WW
Condition to be placed on the Development Order:
That all Fire Department requirements be met prior to the issuance of any permits.
4/23/04 & 2/10/04 & 1/12/04 - WW
Areas shown under the building as if they are landscaped areas (same shading/depiction as
landscaped areas not under the building). These areas will be paved, but probably striped
islands. Revise all appropriate drawings.
4/23/04 - WW
Since appeal was denied regarding calculation of density, this project will need to be reduced by
one dwelling unit. Revise appropriate floor plan and front and rear building elevations to show
changes due to loss of one dwelling unit.
3/30/04 - WW
Provide floor plans for all levels of the building. If one floor plan is applicable to more than one
floor, indicate which floors the plan is applicable to.
Provide color samples/chips of the proposed building colors.
If the top elevation of the existing seawall is between 2.8 and 2.9 feet, the proposal is to add to
the seawall 1.9 feet of additional height and to have a retaining wall of increasing height toward
the seawall. Staffhas concerns above adding this high a cap to the seawall. Section C-C on Sheet
4.1 is not consistent with existing height of the seawall and the proposed design of the pavement
elevation and the top/bottom of the retention pond (bottom of pond to be 2.8 feet; top of existing
seawall is 2.8 feet[?]). Revise.
Since two spaces that back into the R.O.W. are not proposed as parking for this development,
revise the site data table on Sheet C1.1 for "proposed" parking to 18 spaces.
10.
11.
12.
13.
14.
15 .
16.
17 .
18 .
19.
20.
Other:
No Comments
Notes: To be placed on the 6/15/04 CDB agenda, submit 15 collated copies of the revised plans & application material addressing all
above departments' comments by noon, 5/13/04. Packets shall be collated, folded and stapled as appropriate.
Development Review Agenda - Thursday, May 6,2004 - Page 19
.
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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 21, 2004
Mr. Housh Ghovaee
Northside Engineering Services, Inc.
601 Cleveland Street, Suite 930
Clearwater, Florida 33781
RE: Development Order regarding case APP2004-00002 - Calculation of Maximum
Density/Intensity
Dear Mr. Ghovaee:
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 (CDB) reviewed
your appeal of the an administrative interpretation of Section 4-1402 with regard to how to
calculate the maximum density/intensity of the permitted development potential and allowable
transfer of development rights, of any given site, under the provisions of Section 4-501 of the
Community Development Code. The Community Development Board denied the appeal
application because the appellant did not show compliance with all of the following criteria:
1) The decision appealed from misconstrued or incorrectly interpreted the
provisions of the Community Development Code; and
2) That the decision will be in harmony with the general intent and purpose of the
Community Development Code; and
3) Will not be detrimental to the public health, safety and general welfare.
The interpretation by the Planning Director (as provided in the letter to Debra Harris on April 9,
2004) was confirmed unanimously by the members of the CDB.
An appeal of the CDB decision must be initiated within 14 days of the date of the decision by the
Board. The appeal period for your case will expire on May 4, 2004. If you have any questions,
please call Lisa Fierce, Assistant Planning Director, at 727-562-4561.
Cynthia Tarapani, AICP
Planning Director
Cc: Leslie Dougall-Sides, Assistant City Attorney
S:\Planning Department\C D B\APPEALS\Calculation of maximum density APP2004-00002\Calculation of maximum density
Development Order. doc
BRIAN J. AUNGST, MAYOR-COMMISSIONER
WHITNEY GRAY, VICE MAYOR-COMMISSIONER HOYT HAMILTON, COMMISSIONER
FRANK HIBBARD, COMMISSIONER @ BIl.LJONSON, COMMISSIONER
"EQUAL EMPLOYMENT AND AFFIRMATIVE ACTION EMPLOYER"
.
.
O~IGINAL
'.
CDB Meeting Date:
Case Number:
Agenda Item:
Appellant:
Agent:
April 20, 2004
APP2004-00002
Fl
Roland Rogers
Housh Ghovaee
CITY OF CLEARWATER
PLANNING DEPARTMENT
STAFF SUMMARY OF EVENTS
GENERAL INFORMATION:
REQUEST: Appeal of an interpretation of Section 4-1402 with regard to how to calculate the
maximum densitylintensity of the permitted development potential and allowable
transfer of development rights, of any given site.
BACKGROUND:
The Planning Director met with Housh Ghovaee of Northside Engineering Services, Inc (agent
for appellant) to explain an interpretation of the Code with respect to calculating
density/intensity. A letter was later submitted to the Planning Department by Debra Harris of
Northside Engineering Services, Inc. requesting an interpretation of Section 4-1402 of the Code
(Allocated Development Rights are Freely Transferable). (The Planning Department's
interpretation letter was prepared after the appeal was submitted, but is consistent with the
conversation with the applicant.) This appeal is not specific to a subject site. Attached is the
letter requesting the interpretation (Exhibit "A"), the Planning Department's response
(interpretation) (Exhibit "B") and the Appeal application (Exhibit "C").
Subsections 4 and 5 are applicable to this case as follows:
4-1402.4
For parcels recezvmg density/intensity transferred from a designated
environmental, open space, archaeological, historical or architecturally
significant site, density/intensity may not exceed 20 percent of the permitted
development potential of the site prior to the transfer.
4-1402.5
For parcels located within an area designated Central Business District (CBD) or
Community Redevelopment District (CRD) on the Countywide Future Land Use
Plan map or parcels governed by approved redevelopment or special area plans,
a site may only receive density/intensity transferred from within the CBD, CRD,
redevelopment plan area or special area plan district, and may not exceed the
otherwise applicable maximum density/intensity by 20 percent provided that the
governing plan makes specific provision for the use of transfer of development
rights.
In addition to these Code sections, it is important to understand how density is calculated as
provided in Code section is 3-902 Comprehensive Plan Densities/Intensities. Subsection D states:
Staff Report - Community Development Board - April 20, 2004 - Case APP2004-00002 - Page 1
.
.
..
3-902.D
When calculating the lot area and/or density/intensity of a property, the total of
either number shall not be rounded up to the next whole number.
This provision means that densitieslintensities are whole numbers and not fractions (e.g. 1.99
dwelling units is equal to one dwelling unit.). Density/intensity for any site is limited to the
maximum development potential permitted by the Future Land Use Element of the Comprehensive
Plan. The consistent land use categories are enumerated under each of the 14 zoning districts
within the Community Development Code. The maximum development potential is expressed as
maximum dwelling units per acre of land or maximum floor area ratiolimpervious surface ratio.
In order to determine maximum development potential, the following example shows each step in
the calculation:
1) Calculating: lot area
20,000 square foot lot divided by 43,560 (one acre) = 0.459 acres;
2) Calculating densitylintensitv
Site area = 0.459 acres multiplied by 30 dwelling units (permitted density per acre) = 13.774
dwelling units; this is rounded down to 13 dwelling units permitted which represents the
maximum development potential of the site; and
3) Calculating maximum densitylintensity with TDR process
Maximum permitted density = 13 dwelling units (maximum development potential of the
site) multiplied by 20 percent transfer = 2.6; this is rounded down to a maximum of two
units to be transferred; the overall density permitted based on maximum development
potential is 15 total dwelling units.
The points of disagreement between the appellant's agent and Staff are in the way
densitylintensity is rounded down as illustrated in #2 and #3 above. The Code specifically
prohibits rounding up to the next whole number (e.g. 1.1 through 1.99 still equals one dwelling
unit). Rounding up may artificially inflate the density and may exceed the maximum
development potential as regulated by zoning district and land use category.
APPEAL PROCESS:
Section 4-50 LA. 1 of the Community Development Code states that the Community
Development Board has the authority to hear appeals from administrative interpretations of the
development code. The filing of an application/notice of appeal shall stay the effect of the
decision pending the final determination of the case.
The City Attorney's office has opined that, based on recent litigation, the case shall be legally
noticed and placed on the next available Community Development Board (CDB) agenda. The
CDB shall review the application, the recommendation of the Community Development
Coordinator, conduct a quasi-judicial public hearing on the application and render a decision in
accordance with the provisions of Section 4-206.D. The Board may grant the appeal, grant the
Staff Report - Community Development Board - April 20, 2004 - Case APP2004-00002 - Page 2
.
.
..
appeal subject to specified conditions or deny the appeal. (This is a modification from Code
Section 4-504.B that states that the appeal shall be placed on the consent agenda of the next
scheduled meeting of the CDB and removed only by a vote of at least four members of the
Board.)
In order to grant an appeal (overturning or modifying the decision under appeal), the CDB shall
find that, based on substantial competent evidence presented by the applicant or other party, all
of the following criteria are met:
1) The decision appealed from, misconstrued or incorrectly interpreted the
provisions of the Community Development Code; and
2) The decision will be in harmony with the general intent and purpose of the
Community Development Code; and
3) The decision will not be detrim tal to the public health, safety and general
welfare. J 11, I' ,
Prepared.by Planning Department Staff: vLt1 LA...-
ATTACHMENTS:
Exhibits
S:\Planning Departmen^C D BlAPPEALS'ICalculation of maximum density APP2004-0000Z\Calculation of Maximum density - CDB Appeal
Staff Report. doc
Staff Report - Community Development Board - April 20, 2004 - Case APP2004-00002 - Page 3
Norlhsille
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.
CIVIL.
LAND PLANNING.
ENVI RONMENTAL ·
TRANSPORTATION.
LETTER OF TRANSMITTAL
Date:
April 5, 2004
::~I:~I~ ~ !Wi
Attn: Wayne M. Wells, AICP, Senior Planner
To:
City of Clearwater Planning Department
100 S. Myrtle Avenue
Clearwater, Florida 33758-4748
p
Reference: FLD2003-12069/TDR2003-12005 - Delfino Bay
NES Project #0358
We Transmit: (X) Enclosed () Under Separate Cover
( ) Mail ( ) Courier
o Pick-up (X) Hand Delivered
(X)Originals
() Prints
( ) Addendum
( ) Shop Drawings
( ) Specifications
o Applications
( ) Floppy Disk
o Per Your Request (X) For Your Review & Comment
o For Your Use ( ) For Your Approval
( ) For Your Files ( ) For Your Information
Copies Date Description
15 Full set of revised Civil, & Landscape Plans for
ORC submittal (8 sheets)
15 Revised narrative
15 Response letter
Comments: Please do not hesitate to contact this office should you have any
further questions or comments reqardinq this proiect.
COP~;i?~
By. '.1.'-.. _
Debra Harris, Exs'cu Vice-PtesidenUPlanner
601 CLEVELAND STREET, SUITE 930
CLEARWATE R. FLORI DA 33755
N ESADMI N@MINDSPRING.COM
N ESTECH@MINDSPRING.COM
727 . 443 . 2869 FAX 727 . 446 . 8036
Nonhsile
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.
CIVIL.
LAND PLANNING.
ENVI RONMENTAL .
TRANSPORTATION.
April 5, 2004
City of Clearwater
Development Services
100 South Myrtle Avenue
Clearwater, F133758-4748
Attn: W ayne Wells, AICP, Senior Planner
Re: FLD2003-12069/TDR2003-12005
190 Brightwater Drive - Delfino Bay
NES Project #0358
Dear Wayne,
The following are responses to the deficiency items as called out in your letters dated
February 12, 2004 and March 30, 2004.
Traffic Engineering:
1. Our client wishes to pursue the request for the two (2) back-out parking
spaces along Brightwater Drive;
2. Per the architect, the entry gate has been eliminated;
3. Control console no longer necessary due to elimination of gate.
General Engineering:
1. F.D.C. is now shown on sheet C5.1;
2. Gate valve for fire line is also shown on sheet C5.1.
Solid Waste:
1. Solid waste and recycling (if owners choose to recycle) will be handled within
chute rooms as shown on plans. Yes, trash staging area is within the visibility
triangle but as previously discussed on this and other projects, the staging of
trash containers is temporary (only on garbage pick up days). No enclosure of
the staging area is proposed.
Environmental:
1. We took another look at the proposed grading of the site and felt that we
needed to make some changes. Stormwater runoff will now be handled more
efficiently than previously proposed and swales have been modified as a result
of these changes.
Fire:
1.
See architectural plans regarding NFP A regulations;
601 CLEVELAND STREET, SUITE 930
CLEARWATER, FLORIDA 33755
NESADMI N@MINDSPRING.COM
N ESTECH@MINDSPRING.COM
727 . 443 . 2869 FAX 727 . 446 . 8036
,
2.
3.
4.
Planning:
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
.
.
FDC is now shown on sheet C5.1 and meets required distance of 15' away
from the building and within 40' of the fire hydrant. Fire hydrant is on same
side of right-of-way;
Note on sheet C5.1 acknowledges required clearances of 7.5' in front of and
to the sides of the fire hydrant, with a four-foot clearance to the rear of the
hydrant;
Architect to acknowledge adherence to the NFPA-13 1999 requirements.
Dimensions of building are shown on site plan (sheet C3.1);
Height from BFE to roof deck is 45.08'. From roof deck to parapet is 4.16'.
From roof deck to stair tower is 8.92' and from roof deck to trash chute and
elevator is 16';
As stated within the narrative provided, there are 12 existing overnight
accommodation units on site. This number has been added to the Site Data
Table on sheet CI.1;
Entry gate has been eliminated;
Air conditioning units are located on the roof;
Our client wishes to pursue the proposed parking spaces backing out into the
right-of-way;
The existing six foot high block wall along east property line is now shown on
demo plan (sheet C2.1);
A trash staging area is proposed with no enclosure. As discussed with Solid
Waste and Engineering, the visibility triangle concern is no longer an issue
since no permanent dumpster or enclosure will be located here. Trash
containers will only be located in the staging area on trash pick up days.
Signage ......
Architect to address stairwell concerns;
Civil/Landscape plans now portray areas of concern as pavement and not
landscape areas.
Landscaping:
1. Swales are not located in areas of pool deck/walkways. Cross sections are
provided showing how swales function with the landscaping;
2. Staging area is not enclosed. A 6" high curb will be placed along the edges of
the staging area to protect from intrusion of trash containers, etc into the
landscaped areas;
Please do not hesitate to contact this office if you have any questions regarding this
request.
Very Truly Yours,
,
.
.
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CITY OF CLEARWATER
PLANNING DEPARTMENT
POST OFFICE Box 4748, CLEARWATER, FLORIDA 33758-4748
MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756
TELEPHONE (727) 562-4567 FAX (727) 562-4576
LoNG RANGE PLANNING
DEVELOPMENT REVIEW
March 30, 2004
Mr. Housh Ghovaee
Northside Engineering Services, Inc.
601 Cleveland Street, #930
Clearwater, FL 33755
RE: FLD2003-12069/TDR2003-12005, 190 Brightwater Drive
Dear Mr. Ghovaee:
By letter dated February 12, 2004, the above referenced applications were found to be
insufficient for scheduling for review by the Community Development Board (CDB) (see
attached letter), requiring additional review by the Development Review Committee (DRC).
You have filed an Appeal (Case No. APP2004-00002) of an interpretation of Section 4-1402 with
regard to how to calculate the maximum 20 percent of the permitted development potential of any
given site. The above referenced Flexible Development case has been scheduled for the May 6,
2004, DRC meeting. Plans routed to the DRC members were, as Debra Harris directed, those plans
submitted February 5, 2004. The decision by the CDB on the Appeal case has an obvious direct
bearing on the Flexible Development case. Should the CDB deny the request, the information
portrayed on the site plan and, potentially, the building design (as to number of units, parking
calculations, etc.) will need to be revised.
The tentative request for Flexible Development approval is to permit attached dwellings with
reductions to the front (south) setback from 15 feet to zero feet (to pavement) and from 15 feet to
four feet (to dumpster staging area), reductions to the side (east) setback from 10 feet to nine feet
(to building) and from 10 feet to three feet (to pool deck), reductions to the side (west) setback
from 10 feet to four feet (to building), from 10 feet to seven feet (to pavement) and from 10 feet
to three feet (to sidewalk), a reduction to the rear (north) setback from 20 feet to zero feet (to
pool deck and boardwalk) and with increases to building height from 35 feet to 50 feet (to roof
deck) with an additional six feet (from roof deck for perimeter parapets) and to permit parking
that is designed to back into the public right-of-way, as part of a Comprehensive Infill
Redevelopment Project, under the provisions of Section 2-803.C (retaining six existing boat slips
and one existing dock for sole use by the property owners) and the Transfer of Development
Rights for two dwelling units from 620 Bayway Boulevard, under the provisions of Section 4-
1403, at 190 Brightwater Drive.
BRIAN]. AUNGST, MAYOR-COMMISSIONER
HoYT HAMILTON, VICE MAYOR-COMMISSIONER WHITNEY GRAY, COMMISSIONER
FRANK HIBBARD, COMMISSIONER * BII.'-]ONSON, COMMISSIONER
"EQUAl. EMPLOYMENT AND AFFIRMATIVE ACTION EMPLOYER"
,
.
.
.
March 30, 2004
Ghovaee - Page 2
In addition to those prior insufficiency comments contained in the February 12, 2004, letter, the
following item must be submitted by 4:00 pm on AprilS, 2004:
1. Provide floor plans for all levels of the building. If one floor plan is applicable to more
than one floor, indicate which floors the plan is applicable to.
If you have any questions, please do not hesitate to call me at 727-562-4504.
zoning information for parcels within the City through
www.myclearwater.com/gov/depts/planning. *Make us your favorite!
You can access
our website:
Sincerely,
~~e~~~~
Senior Planner
IIMS5clPDSIPlanning DepartmentlC D BIFLEX1Pending caseslUpfor the next DRCIBrightwater 190 Delfino Bay (1)IBrightwater 190
Complete Letter #2.doc
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FAX COVER MEMO
CITY OF CLEARWATER
PLANNING DEPARTMENT
100 S. MYRTLE AVE.
CLEARW A TER, FL 33756
(727) 562-4567 FAX: (727) 562-4865
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NUMBER OF PAGES(INCLUDING THIS PAGE) 3
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Mar. 30 2004 06:54PM
YOUR LOGO
YOUR FAX NO.
Cit~OfClearwater-Plan Dept
727 562 4865
NO. OTHER FACSIMILE
01 94468036
START TIME USAGE TIME MODE PAGES RESULT
Mar. 30 06:53PM 01'25 SND 03 OK
TO ~ CFF REPlRT. PRESS · f'B-U' m:w.
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From:
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Subject:
Cyndi -
Debra Harris has contacted me regarding the above project, which is currently on "hold" pending
a determination of sufficiency, telling me that you have indicated this project may be rescheduled
for the May 6,2004, DRC meeting. It is because of this case that the Appeal case regarding
calculation of density was filed and is scheduled to be heard by the CDB on April 20, 2004
(APP2004-0000x). I am just seeking to confirm this decision regarding the May 6th DRC meeting.
Wayne
Wells, Wayne
Wednesday, March 24, 2004 8:26 AM
Tarapani, Cyndi
Fierce, Lisa; Gerlock, Chip
FLD2003-12069/TDR2003-12005, 190 Brightwater Drive
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PAGE 02/02
CIVIL ·
LAND PLANNING ·
ENVI RONMENTAl ·
TRANSPORTATION ·
March 23, 2004
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City of Clearwater
Development SeIVlccs
100 South Myrtle Avenue
Clearwater, FI 33758-4748
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Attn: Wayn.e Wells, AICP, Senior Planner
Re: 190 Brightwater Drive - Delfino Bay
NES Project #0358
Dear Wayne,
Per our telephone discussion earlier today, I am requesting that the previous application
package submitted to you for which Cyndi Tarapani issued a letter ofInsufficiency on
February 12, 2004 be accepted for the May 6,2004 DRC. An appeal of the TDR
calculation process is scheduled for COB on April 20, 2004 according to Lisa Fierce.
OUf client would like to proceed in the event that CDB rules in our favor on the TDR
issue. You stated that you still have all 15 sets of required information that had bee11
resubmitted for COB.
Please do not hesitate to contact this offi.ce if you have any questions regarding this
request.
Very Truly Yours,
Northside Engineering Servi
601 CLEVELAND STREET, SUITE 930
CLEARWATER, FLORIDA 33755
N ESADMI N@MINDSPRING.COM
N ESTECH@MINDSPRING.COM
727 . 443 . 2869 FAX 727 . .446 . 8036
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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
February 12, 2004
Mr. Housh Ghovaee
Northside Engineering Services, Inc.
601 Cleveland Street, #930
Clearwater, FL 33755
RE: FLD2003-l2069/TDR2003-12005, 190 Brightwater Drive
Dear Mr. Ghovaee:
The Planning staff has reviewed your application for Flexible Development approval (tentative
request) to permit attached dwellings with reductions to the front (south) setback from 15 feet to
zero feet (to pavement) and from 15 feet to four feet (to dumpster staging area), reductions to the
side (east) setback from 10 feet to nine feet (to building) and from 10 feet to three feet (to pool
deck), reductions to the side (west) setback from 10 feet to four feet (to building), from 10 feet to
seven feet (to pavement) and from 10 feet to zero feet (to sidewalk), a reduction to the rear
(north) setback from 20 feet to zero feet (to pool deck and boardwalk) and with increases to
building height from 35 feet to 50 feet (to roof deck) with an additional six feet (from roof deck
for perimeter parapets) and to permit parking that is designed to back into the public right-of-
way, as part of a Comprehensive Infill Redevelopment Project, under the provisions of Section 2-
803.C (retaining six existing boat slips and one existing dock for sole use by the property
owners) and the Transfer of Development Rights for two dwelling units from 620 Bayway
Boulevard, under the provisions of Section 4-1403, at 190 Brightwater Drive. After a review of
the documents submitted February 5, 2004, staff has determined that the application is
insufficient and is not being scheduled for review by the Community Development Board (CDB).
The primary reason for this finding of insufficiency is due to the proposed number of dwelling
units exceeds that allowed by the Community Development Code. Section 3-902.A provides "no
application for development approval shall be granted for any development which exceeds the
densities and intensities for that development in the comprehensive plan." Section 3-902.D
provides "when calculating the lot area and/or density/intensity of a property, the total of either
number shall not be rounded up to the next whole number." Based on a maximum of 30
dwelling units per acre under the Resort Facilities High land use designation and the property
size of 13,610 square feet, the maximum number of dwelling units allowed is nine units.
BRIAN J, AUNGST, MAYOR-COMMISSIONER
HoYr HAMILTON, VICE MAYOR-COMMISSIONER WHITNEY GRAY, COMMISSIONER
FRANK HIBBARD, COMMISSIONER * BILL]ONSON, COMMISSIONER
"EQUAL EMPLOYMENT AND AFFIRMATIVE ACTION EMPLOYER"
,
.
.
February 12, 2004
Ghovaee - Page 2
An application has been filed for a Transfer of Development Rights. Section 3-1402 only
permits a maximum transfer of "20 percent of the permitted development potential of the site
prior to the transfer," or only one dwelling unit. The request is for a total of 11 dwelling units,
whereas a maximum of 10 dwelling units is allowed by Code.
Section 4-202.C.2 provides "If any member of the development review committee determines
that any portion of the application is insufficient, the community development shall notify the
applicant of the reasons that the application is legally insufficient, that the application is deemed
withdrawn and no further development review shall be conducted until the application is
resubmitted. Such notification shall constitute an administrative decision which may be appealed
to the community development board pursuant to Section 4-501 (A)(2)."
Additionally, the following comments from the Development Review Committee that have not
been adequately addressed are:
Traffic Engineering
1. Remove two (2) back out parking spaces along Brightwater Drive. (It was noted at the
DRC meeting that the applicant desires to provide parking for residents of Brightwater
Drive and will continue to request these two spaces.)
2. To minimize stacking problems in the driveway, the gate should not swing toward street.
3. Show control console for gate.
General Engineering
1. Need to show F.D.C.
2. Provide gate valve for fire line.
Solid Waste
1. How will Solid Waste and Recycling be handled? Staging area is in visibility triangle.
Environmental
1. Side drainage swales must be a minimum of 6-inches deep.
Fire
1. Ensure the protection against freezing to exterior exposed piping as per 1999 Edition of
NFPA-13 5-14.3.1.1 & 5-14.3.1.2. Acknowledgement of the intent to comply is required
prior to CDB.
2. Fire department connection (FDC) needs to be located at least 15 feet away from the
building and within 40 feet of the fire hydrant (The hydrant need to be located on the
same side of construction). Acknowledgement of the intent to comply is required prior to
CDB.
3. Where underground water mains and hydrants are required, they shall be installed,
completed and, in service prior to construction as per NFP A 241. Clearances of 7 12 feet
r .
.
.
February 12, 2004
Ghovaee - Page 3
in front of and to the sides of the fire hydrant, with a four-foot clearance to the rear of the
hydrant, are required. Acknowledgement required prior to CDB.
4. Ensure strict adherence to NFPA-13 1999 edition requirements for protection areas per
sprinkler to determine the area of coverage as per chapter 5-6.2; 5-6.2.1; 5-6.2.2; 5-6.3; 5-
6.3.1; 5-6.3.2; 5-6.3.2.1 for both ordinary hazard group l(garage area) and light hazard
(residential area). Please ensure proper water supply for fire protection prior to CDB.
Planning
1. Provide dimensions of the building on the site plan.
2. Roof deck appears to be a flat roof, not a pitched roof, based on the building elevations
submitted. Provide the height of the building from the BFE to the roof deck, the height of
the parapet from the roof deck, the height of the stair towers, elevator tower and trash
chute tower from the roof deck. Also, provide the height of the rooftop pavilion from the
roof deck to the top of the roof of the pavilion. Finally, ensure that the heights stated in
the Site Data Table on Sheet C 1.1 match the heights shown on the building elevations.
3. Provide the number of existing dwelling units or overnight accommodation units in the
Site Data Table on Sheet Cl.1.
4. Proposed gates to the underside, ground-level parking interferes with parking spaces,
whether the gates open out or in. Advise/revise.
5. Show/indicate location of alc units (if on the roof, indicate such).
6. Staff will not support parking designed to back into the right-of-way. These two
proposed parking spaces also interfere with required sidewalk within the right-of-way. (It
was noted at the DRC meeting that the applicant desires to provide parking for residents
of Brightwater Drive and will continue to request these two spaces.)
7. Survey/site plan indicates an existing six feet high block wall along east property line. Is
this wall being retained intact, being modified to remove portions or being removed
entirely?
8. A portion ofthe dumpster enclosure is within the visibility triangle.
9. Show location of proposed signage (if any. If none proposed, note such). If signage is
proposed, provide details (height, area, construction, color, etc.).
10. It appears that both stairwells are open (non-enclosed). Ensure building/fire codes will
permit open stairwells at the setbacks proposed. (It was noted at the DRC meeting that
the applicant will check this out.) Staff is unaware of any determinations at this time.
11. Areas shown under the building as if they are landscaped areas (same shading/depiction
as landscaped areas not under the building). These areas will be paved, but probably
striped islands. Revise all appropriate drawings.
Landscaping
1. Show how the swales will function with the plants, trees, and the sidewalk / pool decking.
2. Describe the staging area... is this fenced? curbed? Explain in writing and note
accordingly on plans
'.
.
.
February 12, 2004
Ghovaee - Page 4
A complete application including revised plans and written material addressing the above
comments must be submitted to the Planning Department by noon on February 27, 2004 (15
copies of all submittals) to be re-reviewed for sufficiency by the DRC on April 1, 2004. If
determined sufficient by the DRC, this case would be then scheduled for the May 18, 2004,
Community Development Board.
Should you decide to appeal this determination. an appeal must be filed with the Planning
Department within seven days of the date of this letter. including a $100 appeal fee.
If you have any questions, please do not hesitate to call me at 727-562-4504.
zoning information for parcels within the City through
www.myclearwater.com/gov/depts/planning. *Make us your favorite!
You can access
our website:
Sincerely,
hJ~ M. JvM.
Wayne M. Wells, AICP
Senior Planner
\IMS5c1PDSIPlanning DepartmentlC D BIFLEX\Pending caseslUp for the next CDBIBrightwater 190 Delfino Bay (T)IBrightwater 190
Insufficiency Letter,doc
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FAX COVER MEMO
CITY OF CLEARWATER
PLANNING DEPARTMENT
100 S. MYRTLE AVE.
CLEARW A TER, FL 33756
(727) 562-4567 FAX: (727) 562-4865
TO: LA ~IA ~rr'~$
FAX: . 4~~ ~ 60310
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MESSAGE: III sA~cl~ It ~
NUMBER OF PAGES(INCLUDING THIS PAGE) ~
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ANSMISSION VERIFICATION REPORT
TIME 02/12/2004 14:20
HAME PLAt~
FAX 7275524575
TEL 7275524557
DATE, TIME
FAX NO./NAME
DURATION
PAGE(S)
RESULT
MODE
02/12 14:17
94458035
00:02:38
05
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CIVIL ·
LAND PLANNI NG .
ENVI RON MENTAL ·
TRANSPORTATION ·
LETTER OF TRANSMITTAL
Date:
February 4, 2004
J
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To: City of Clearwater Planning Department
100 S. Myrtle Avenue
Clearwater, Florida 33758-4748
Attn: Wayne M. Wells, AICP, Senior Planner
Reference: FLD2003-12069/TDR2003-12005 - Delfino Bay
NES Project #0358
We Transmit: (X) Enclosed () Under Separate Cover
( ) Mail ( ) Courier
o Pick-up (X) Hand Delivered
(X)Originals
() Prints
( ) Addendum
( ) Shop Drawings
( ) Specifications
o Applications
( ) Floppy Disk
o Per Your Request (X) For Your Review & Comment
o For Your Use ( ) For Your Approval
( ) For Your Files ( ) For Your Information
Copies Date Description
15 Full set of Civil, & Landscape Plans for COB
submittal (8 sheets)
15 Application packages including survey, deeds,
narrative, etc.
15 Calcs
15 Architectural Elevations (copies provided by
architect)
15 TOR Application package w/support documents
Comments: Please do not hesitate to contact this office should you have any
further questions or comments reqardinq this proiect.
601 CLEVELAND STREET, SUITE 930
CLEARWATER, FLORI DA 33755
N ESADMIN@MINDSPRING.COM
N ESTECH@MI N DS PRI NG.COM
727 . 443 . 2869 FAX 727 . 446 . 8036
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CITY OF CLEARWATER
POST OFFICE Box 4748, CLEARWATER, FLORIDA 33758-4748
MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756
TELEPHONE (721) 562-4800 FAX (727) 562-4825
PARKS AND RECREATION
DEPARTMENT
January 22, 2004
Mr. Housh Ghovaee
Northside Engineering Svcs., Inc.
601 Cleveland St., Suite #930
Clearwater, FL 33755
Re: 190 Brightwater Drive, FLD2003-12069
Dear Housh:
According to the current Recreation and Open Space Land Dedication Ordinance, the above referenced project
will be required to satisfy the Open Space, Recreation Land and Recreation Facilities dedication requirement
prior to issuance of any building permits or final plat (if applicable), whichever occurs first
In order to determine the amount owed, the developer or representative should complete the top portion of the
attached form and return it to the City of Clearwater Parks and Recreation Department with verification of the
just value for the land only according to the current year's property tax assessment. Verification will also be
needed of the existing number of hotel/motel guestrooms to be able to determine the credit for the existing
structure (4 guestrooms = 1 residential unit).
Please note, this dedication requirement could be a substantial amount and an impact to your project.
Therefore, you're encouraged to contact me at (727) 562-4817 as soon as possible to estimate the assessment
and to answer any questions.
Sincerely,
[U0tLtth 6-~ ~. CC[~
Deborah W. Richter
Management Analyst
Attachment: Open Space/Recreation Impact Worksheet
cc: Art Kader, Assistant Parks & Recreation Director
Frank Gerlock, Planning Manager
Wayne Wells, Senior Planner
BRIAN J AUNGST, MAYOR-COMMISSIONER
HoYT HAMILTON, VICE MAYOR-COMMISSIONER
FRANK HIBBARD, COMMISSIONER
~)
\VHITNEY GRAY, CO;\'lf>l1SS:0NER
BILLjor<SCN, COMWSSIONFR
"EQUAL EMPLOYMENT AND AFFIRMATIVE ACTION EMPi.OYER"
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CITY OF CLEARWATER
PLANNING DEPARTMENT
100 S. MYRTLE AVE.
CLEARW A TER, FL 33756
(727) 562-4567 FAX: (727) 562-4865
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NUMBER OF PAGES(INCLUDING THIS PAGE) S-
RANSMISSION VERIFICATION REPORT
TIME 01/23/2004 15:42
NAME PLAN
FAX 7275624576
TEL 7275624567
DATE, TIME
FAX NO./NAME
DURATION
PAGE(S)
RESULT
MODE
01/23 15:39
94458035
00:03:01
05
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STANDARD
ECM
1 :40 p.m.
Case: FLD2003-1206AR2003-12005 -190 Brightwater Drive .
Owner/Applicant: Twin Palms of Clearwater, LLC.
Representative: Housh Ghovaee, Northside Engineering Services, Inc. (601 Cleveland Street, Suite 930,
Clearwater, FL 33755; phone: 727-443-2869; fax: 727-446-8036; email: nestech@rnindspring.com).
Location: 0.31 acres located on the north side of Brightwater Drive, approximately 1400 feet east of
Harnden Drive.
Atlas Page: 276A.
Zoning: T, Tourist District.
Request: Flexible Development to permit attached dwellings with reductions to the front (south) setback
from 15 feet to zero feet (to pavement) and from 15 feet to four feet (to dumpster staging area), reductions
to the side (east) setback from 10 feet to nine feet (to building) and from 10 feet to three feet (to pool deck),
reductions to the side (west) setback from 10 feet to four feet (to building), from 10 feet to seven feet (to
pavement) and from 10 feet to zero feet (to sidewalk), a reduction to the rear (north) setback from 20 feet to
zero feet (to pool deck and boardwalk) and with increases to building height from 35 feet to 50 feet (to roof
deck) with an additional six feet (from roof deck for perimeter parapets) and to permit parking that is
designed to back into the public right-of-way, as part of a Comprehensive Infill Redevelopment Project,
under the provisions of Section 2-803.C (retaining six existing boat slips and one existing dock for sole use
by the property owners) and the Transfer of Development Rights for two dwelling units from 620 Bayway
Boulevard, under the provisions of Section 4-1403.
Proposed Use: Eleven attached dwellings ( condo).
Neighborhood Association: Clearwater Beach Association (David MacNamee, 827 Mandalay Ave.,
Clearwater, FL 33767; phone: 727-446-5801; email: dmacnavtmatt.net).
Presenter: Wayne M. Wells, AICP, Senior Planner.
Attendees included:
City Staff: Frank Gerlock, Wayne Wells, Scott Rice and Duanne Anderson.
Applicant/Represen ta tive:
The DRC reviewed this application with the following comments:
1. Parks and Recreation:
a) Open Space and Recreation Impact Fees will need to be addressed for this project. Verification
is needed of the existing number of hoteVmotel guestrooms to be able to determine the credit. 4
motel guestrooms = 1 residential unit. Fees are due prior to issuance of building permits or final
plat (if applicable) whichever occurs first. Please contact Deb Richter at 727-562-4817.
2. Stormwater:
a) Prior to issuance of a building permit show that all impervious areas on the site will direct runoff
into the water quality detention area.
3. Traffic Enl!ineerinl!:
a) Remove two (2) back out parking spaces along Brightwater Drive.
b) To minimize potential stacking problems, the gate should not swing toward street.
c) Remove site obstruction for all parking spaces i.e. walls.
d) What is the staging area for? Please label its intended use.
e) All of the above to be addressed prior to CDB.
f) Please indicate how many units the demolished building had in order to give proper TIF credit.
4. General Enl!ineerinl!:
a) Water tap to be performed by City at applicant's expense. All water piping to be installed by
applicant.
b) Is the staging area going to have a screen enclosure? If so, it will be in the site visibility triangle.
c) The 8" x 6" wye will be installed by the developer/owner/contractor.
d) Need to show F.D.C.
e) Need to show domestic water meter.
f) Provide gate valve for fire line.
g) Sidewalk needs to be installed at back of curb and must be 6" thick.
h) Fire hydrant required within 40' - 50' ofFDC.
i) All utilities from ROW to building must be buried. Conduits must be installed along frontage for
future burying of all utilities in ROW.
Development Review Committee DRAFT Action Agenda -Thursday, January 29, 2004 - Page 21
5.
increases and d.ions listed by staff, including
Plannin2:: .
a) Revise requ to include all reductions,
responses to all criteria to address same.
b) Provide project name.
c) Staff will not support parking designed to back into the right-of-way. These two proposed
parking spaces also interfere with required sidewalk within the right-of-way.
d) Areas shown under the building as if they are landscaped areas (same shading/depiction as
landscaped areas not under the building). These areas will be paved, but probably striped islands.
Revise all appropriate drawings.
e) The site plan indicates a sidewalk leading from the east side of the building to the pool deck.
The east side building elevation does not show any door or other opening to provide for such
access. Revise the site plan and/or east side building elevation.
f) Site plan indicates a sidewalk leading from the west side of the building to the boardwalk along
the seawall. The west side building elevation does not provide a door or other opening to
provide for such access. Revise the site plan and/or the west side building elevation.
g) Provide dimensions of the building on the site plan.
h) Show location of nearest fire hydrant on site plan.
i) Dimension setback/distance from front property line to dumpster staging area.
j) Survey/site plan indicates an existing six feet high block wall along east property line. Is this
wall being retained intact, being modified to remove portions or being removed entirely?
k) Cross hatch areas being considered interior greenspace on the site plan and provide square
footage of interior greenspace in site data with the percentage of the vehicular use area (only
paved vehicular use areas outside of the building).
1) Provide the number of existing dwelling units or overnight accommodation units in the Site Data
Table on Sheet C1.1.
m) Provide on the building elevations the BFE and the height of the building from the BFE to the
roof deck (assumed to be a flat roof) and the height of the parapet from roof deck. If flat roof,
revise Site Data Table on Sheet C 1.1.
n) Show/indicate location of a/c units (if on the roof, indicate such).
0) Provide cross sections through the proposed drainage pond (north/south and east/west).
p) Provide cross sections (as many as necessary), details and proposed site elevations to fully
indicate how the proposed swales along the east and west sides of the property (shown on Sheet
C4.1) will work with the proposed sidewalks and pool deck, and the proposed landscaping, to
direct drainage flow to the proposed pond.
q) Show location of proposed signage (if any. If none proposed, note such). If signage is proposed,
provide details (height, area, construction, color, etc.).
r) By Code, only a maximum of nine dwelling units can be developed on this site (density is
rounded down). Based on this maximum, Section 3-1402 only permits a maximum transfer of "20
percent of the permitted development potential of the site prior to the transfer," or only one
dwelling unit (not two as requested) (9 x 0.2 = 1.8). Revise TDR and request to reduce by one
dwelling unit.
s) A portion of the dumpster enclosure is within the visibility triangle.
t) If barrel tile roofing is proposed over the dumpster enclosure, indicate such on the building
elevations.
u) It appears that both stairwells are open (non-enclosed). Ensure building/fire codes will permit
open stairwells at the setbacks proposed.
v) Proposed gates to the underside, ground-level parking interferes with parking spaces, whether the
gates open out or in. Advise/revise.
w) Indicate on the site plan the location and type of any proposed fencing for the pool.
Solid Waste:
a) How will Solid Waste and Recycling be handled? Staging area in visibility triangle.
7. Land Resources:
a) No comments.
6.
8. Fire:
a) Ensure the protection against freezing to exterior exposed piping as per 1999 Edition ofNFPA-
135-14.3.1.1 & 5-14.3.1.2. Acknowledgement of the intent to comply is required prior to CDB.
Development Review Committee DRAFT Action Agenda -Thursday, January 29,2004 - Page 22
b) Every uno~d attic space shall be subdivided by draft stcA.to areas not to exceed 3000 sq.
ft. as per ch~"-8.2.7.1(2) of the Life Safety Code. Prior to bZng permit.
c) Fire department connection (FDC) needs to be located at least 15 feet away from the building
and within 40 feet of the fire hydrant (The hydrant need to be located on the same side of
construction). Acknowledgement of the intent to comply is required prior to CDB. Ensure that the
FDC is designed with metal breakable caps designed to break with a single blow of a hydrant
wrench. Compliance required prior to building permit.
d) Provide a double 2 1/2" inch standpipe equipped with 2 1/2" hose connection with caps for the
rear boat docks. Compliance required prior to building permit.
e) Where underground water mains and hydrants are required, they shall be installed, completed
and, in service prior to construction as per NFP A 241. Clearances of 71/2' ft in front of and to the
sides of the fire hydrant, with a 4' ft clearance to the rear of the hydrant are required.
Acknowledgement required prior to development order.
t) The design and installation of standpipe system shall be in accordance with NFP A 14, the
standard for the installation of standpipes. Compliance required prior to building permit.
g) Provide sprinkler coverage in elevator pit in accordance with NFP A 13. Compliance required
prior to building permit.
h) Ensure strict adherence to NFP A-13 1999 edition requirements for protection areas per sprinkler
to determine the area of coverage as per chapter 5-6.2; 5-6.2.1; 5-6.2.2; 5-6.3; 5-6.3.1; 5-6.3.2; 5-
6.3.2.1 for both ordinary hazard group l(garage area) and light hazard (residential area). Please
ensure proper water supply for fire protection prior to CDB.
i) Install a Knox Box key safe for emergency access as per NFPA-l 3-6. Required prior to building
permit.
j) Plans submittal must indicate compliance with the following codes: Florida Fire Prevention Code
2001 Edition, NFPA 14 2000 Edition, NFPA 72 1999 Edition, NFPA 13 1999 Edition, NFPA
101 2000 Edition, NFPA 70 (National Electric Code) 1999 Edition along with 4A-47 & 4A-48
and F.S. 633. Required prior to building permit.
9. Environmental:
a) Insufficient information on retention pond design to evaluate. Please provide cross-section for
pond and swale (6-inch depth), side slopes and seasonal high water table prior to CDB.
b) Side drainage swales must be a minimum of 6-inches deep.
c) Please provide at least one soil boring showing soil profile prior to building permit.
10. Community Response:
a) No comments.
11. Landscapinl!:
a) Per Section 3-1202.B.l. Code requires trees to be 10' in height and 2 1/2" cal. (25" cal. shown on
one tree) at planting, ornamental trees can be 8' in height and 2" cal., and palms must be 10' (min.)
clear and straight trunk at planting. Make changes in Legend and submit revised page for review.
b) Plan does not meet the requirements of perimeter plantings in Code Section 3-1202.D. There is
room for more plants on the perimeter with minor adjustments to the plan.
1. Realign the wood boardwalk on the west side to allow room for plants (additional Sea
grape plants) along property line with lower material in the sight triangle (Fakahatchee
grass or similar plant);
2. Eliminate the sod on the sides of the building and install a ground cover Uasmine,
beach sunflower, or similar planting);
3. Add three queen palms on the west side of building adjacent to the staircase;
4. Eliminate the sod near the NW comer of the building and install additional "WF";
5. Install plants continuing to the seawall (Fakahatchee grass or similar plant) along
property line in the sight triangle;
6. Add a few "RI" to buffer outside parking area and add "PJ" to both areas within the
sight triangles on either side of driveway; and
7. Revise the plant schedule to reflect the changes and submit a transmittal letter stating
changes.
c) Clearly identify the point of access to maintain the rear of the property (retention pond sod). How
do the lawn and pool maintenance people access these areas?
d) Adjust spacing on the "SB" as these are shown at 10' spacing and will spread too much growing
into each other, 15' to 20' O.c. is recommended.
Development Review Committee DRAFT Action Agenda -Thursday, January 29,2004 - Page 23
e) Show how Avales will function with the plants, trees, and Aidewalk / pool decking.
f) Describe th~ging area... is this fenced? curbed? Explain 1P'triting and note accordingly on
plans.
12. Harbormaster:
a) No comments.
NOTES:
In order to be placed on the March 16, 2004, CDB agenda, submit 15 collated copies of the revised plans and application
material addressing all above departments' comments by Thursday, February 5,2004, no later than noon. Packets shall be
collated, folded and stapled as appropriate. Submissions not appropriately organized shall be deemed to be insufficit:mt and
returned to the applicant.
Proposed Conditions for Staff Report to CDB:
1. That the final design and color of the building be consistent with the conceptual elevations submitted to, or as
modified by, the CDB.
2. That boats moored at the docks, lift and/or slips be for the exclusive use by the residents and/or guests of the
condominiums and not be permitted to be sub-leased separately from the condominiums.
3. That all applicable requirements of Chapter 39 of the Building Code be met related to seawall setbacks.
4. That a condominium plat be recorded prior to the issuance of the first Certificate of Occupancy.
5. That all proposed utilities (from the right-of-way to the proposed buildings) be placed underground and installation
of conduit( s) along the entire length of the site's street frontage be completed prior to the issuance of the first
certificate of occupancy.
6. That a special warranty deed, specifying the number of dwelling units being conveyed or sold from 620 Bayway
Boulevard and being transferred to this site, be recorded prior to the issuance of any permits for this project. The
special warranty deed also must contain a covenant restricting in perpetuity the use of 620 Bayway Boulevard due to
the transfer of development rights.
7. That all Fire Department requirements be met prior to the issuance of any permits.
8. That a Unity of Title be recorded in the public records prior to the issuance of any permits.
Development Review Committee DRAFT Action Agenda -Thursday, January 29, 2004 - Page 24
.
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CITY OF CLEARWATER
LONG RANGE PIANNING
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
January 5, 2004
Mr. Housh Ghovaee
Northside Engineering Services, Inc.
601 Cleveland Street, #930
Clearwater, FL 33755
RE: FLD2003-12069/TDR2003-12005, 190 Brightwater Drive
Dear Mr. Ghovaee:
The Planning staff has reviewed your application for Flexible Development approval to permit
attached dwellings with reductions to the front (south) setback from 15 feet to zero feet (to
pavement) and from 15 feet to four feet (to dumpster staging area), reductions to the side (east)
setback from 10 feet to nine feet (to building) and from 10 feet to three feet (to pool deck),
reductions to the side (west) setback from 10 feet to four feet (to building), from 10 feet to seven
feet (to pavement) and from 10 feet to zero feet (to sidewalk), a reduction to the rear (north)
setback from 20 feet to zero feet (to pool deck and boardwalk) and with increases to building
height from 35 feet to 50 feet (to roof deck) with an additional six feet (from roof deck for
perimeter parapets) and to permit parking that is designed to back into the public right-of-way, as
part of a Comprehensive Infill Redevelopment Project, under the provisions of Section 2-803.C
(retaining six existing boat slips and one existing dock for sole use by the property owners) and
the Transfer of Development Rights for two dwelling units from 620 Bayway Boulevard, under
the provisions of Section 4-1403, at 190 Brightwater Drive. After a preliminary review of the
submitted documents, staffhas determined that the application is complete.
The Development Review Committee will review the application for sufficiency on January 29,
2004, in the Planning Department conference room - Room 216 - on the second floor of the
Municipal Services Building, 100 South Myrtle Avenue, in Clearwater. Please call Sherrie
Nicodemus at 562-4582 no earlier than one week prior to the meeting date for the approximate
time that your case will be reviewed. You or a representative must be present to answer any
questions that the committee may have regarding your application. Comments you will receive
at the DRC meeting must be addressed and submitted to the Planning Department by noon on
February 5,2004 (15 copies of all submittals).
BRIAN]. AUNGST, MAYOR-COMMISSIONER
HoYr HAMILTON, VICE MAYOR-COMMISSIONER WHITNEY GRAY, COMMISSIONER
FRANK HIBBARD, COMMISSIONER * BILL JONSON, COMMISSIONER
"EQUAL EMPLOYMENT AND AFFIRMATIVE ACTION EMPLOYER"
.
.
January 5, 2004
Ghovaee - Page 2
If you have any questions, please do not hesitate to call me at 727-562-4504.
zoning information for parcels within the City through
www.myc1earwater.com/gov/depts/planning. *Make us your favorite!
Sincerely,
'!.::z;:w~:~~
Senior Planner
You can access
our website:
\IMS5c1PDSIPlanning DepartmentlC D BIFLEX\Pending cases I Up for the next DRCIBrightwater 190 Twin Palms (7)IBrightwater 190
Complete Letter.doc
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PLANNING DEPARTMENT
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CLEARW A TER, FL 33756
(727) 562-4567 FAX: (727) 562-4865
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NUMBER OF PAGES(INCLUDING THIS PAGE) .3 _
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RANSMISSION VERIFICATION REPORT
TIME 01/05/2004 18:21
NAME PLAN
FAX 7275524575
TEL 7275524557
DATE. TIME
FAX NO./NAME
DURATION
PAGE(S)
RESULT
MODE
01/05 18:19
94458035
00:01:24
03
OK
STANDARD
ECM
CDB Meeting Date:
Case Numbers:
Agenda Item:
Owner/Applicant:
Representati ve:
Address:
.
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June 15,2004 0 R I GI NAL
FLD2003-12069/TDR2003-12005
E4
Twin Palms of Clearwater, LLC
Mr. Housh Ghovaee, Northside Engineering Services, Inc.
190 Brightwater Drive
CITY OF CLEARWATER
PLANNING DEPARTMENT
ST AFF REPORT
GENERAL INFORMATION:
REQUEST:
EXISTING ZONING/
LAND USE:
PROPERTY SIZE:
PROPERTY USE:
ADJACENT ZONING/
LAND USES:
Flexible Development to permit ten attached dwellings with
reductions to the front (south) setback from 15 feet to 14.5 feet (to
building) and from 15 feet to 4.2 feet (to pavement), reductions to
the side (east) setback from 10 feet to 7.5 feet (to pavement) and
from 10 feet to three feet (to pool deck and sidewalk), reductions to
the side (west) setback from 10 feet to 8.3 feet (to building) and
from 10 feet to three feet (to sidewalk), a reduction to the rear
(north) setback from 20 feet to zero feet (to pool deck and
boardwalk) and to increase the building height from 35 feet to 45.08
feet (to roof deck) with an additional 4.17 feet (from roof deck for
perimeter parapets) and an additional 14.25 feet (from roof deck for
a roof top pavillion), as part of a Comprehensive Infill
Redevelopment Project, under the provisions of Section 2-803.C
(retaining six existing boat slips and one existing dock for sole use
by the property owners) and the Transfer of Development Rights for
one dwelling unit from 620 Bayway Boulevard, under the provisions
of Section 4-1403.
Tourist (T) District; Resort Facilities High (RFH) Category
0.312 acres; 13,610 square feet
Current Use: Attached dwellings (eight units)
Proposed Use: Attached dwellings (10 units - condominium)
North: Preservation District; Intracoastal waterway
East: Tourist District; Townhomes
South: Tourist District; Attached dwellings
West: Tourist District; Overnight accommodations
Staff Report - Community Development Board - June 15,2004
Case FLD2003-12069/TDR2003-12005 - Page 1
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CHARACTER OF THE
IMMEDIATE VICINITY: Attached dwellings and overnight accommodation uses dominate
Brightwater Drive.
ANALYSIS:
Site Location and Existing Conditions: The slightly irregularly-shaped site is 0.312 acres
located on the north side of Brightwater Drive, approximately 1,400 feet east of Harnden Drive. It
is located along a highly developed area within Clearwater Beach and has frontage along
Clearwater Bay. The site is located within the Small Motel District of Beach By Design, which
provides for the redevelopment of Brightwater Drive with townhomes and timeshares between two
and four stories above parking.
The site is currently developed with a two-story residential building of eight units and
approximately 20 feet in height. The site has the appearance of one, undefined, existing driveway
along most of the front property line (Brightwater Drive), where parking spaces straddle the
property line (partially on-site and partially within the right-of-way) and "back out" into the right-
of-way. The site also contains an existing dock and six boat slips, to be retained for resident and
guest usage only and will not be sub-leased. All existing improvements (buildings, pavement,
walkways and decks) will be removed as part of the site's redevelopment.
The property to the east has been redeveloped into townhomes of two living floors above ground
floor garages. The property to the west is currently developed with a two-story overnight
accommodation use, and there have been no redevelopment proposals for this site. The property to
the south across Brightwater Drive is currently developed with attached dwellings and there have
been no redevelopment proposals for this site. Property at the terminus of Brightwater Drive to the
east has been approved for a 20-unit, four-story over ground level parking building. Brightwater
Drive, however, can be characterized as undergoing significant redevelopment into attached
dwellings (townhomes and condominiums).
Proposal: The proposal includes constructing a 10-unit, four-story (over ground level parking)
residential condominium building. A total of nine dwelling units are permitted for the subject
property, based on the maximum of 30 units per acre. The applicant is proposing the utilization of
one dwelling unit through the Transfer of Development Rights from 620 Bayway Boulevard
(which is the maximum of 20 percent of the maximum number of dwelling units allowed by
Section 4-1402 of the Code). The first two levels will contain three units on each floor, while the
third and fourth levels will have two units per floor. The units on the first two levels will be 1840
square feet each, whereas units on the third and fourth levels will be 2422 square feet each.
The proposal includes 14 parking spaces under the building and two open parking spaces accessed
off the driveway (total of 16 parking spaces). Fifteen parking spaces are required (1.5 spaces per
unit). Parking under the building will be gated, with owners provided with remote gate opening
devices. Building Code requires an accessible path for handicap individuals from the building to
the public sidewalk in Brightwater Drive. The accessible path shown on the submitted site plan is
not in compliance with requirements, as it requires individuals to go behind a parking space. Prior
Staff Report - Community Development Board - June 15,2004
Case FLD2003-12069/TDR2003-12005 - Page 2
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e
to the issuance of any permits, the site plan must be revised to either eliminate the western open
parking space or redesign the accessible path to be in front of the parking space.
The request is being processed as a Comprehensive Infill Redevelopment Project to permit
attached dwellings within the Tourist District due to the rear setback reductions being requested to
the pool deck. Due to the slightly irregular shape of the property, the building has been positioned
on the property to meet the east side setback of 10 feet and the rear setback of 20 feet. This
positioning, however, requires reductions to other setbacks. The proposal includes reductions to
the front (south) setback from 15 feet to 14.5 feet (to building). The requested front setback
reduction is only to the southeast comer of the building, where the southwest comer of the
building is situated 19.2 feet from the front property line. The proposal also includes a front
setback reduction from 15 feet to 4.2 feet (to pavement). Most projects approved along
Brightwater Drive have been for townhomes with individual driveways providing parking that
backs into the right-of-way. This proposal is similar to other townhome and condominium
projects on Bayway Boulevard that have included reductions to the front setback from 15 feet to
three to five feet (to pavement). The proposal includes reductions to the side (east) setback from
10 feet to 7.5 feet (to pavement) and from 10 feet to three feet (to pool deck and sidewalk), and
reductions to the side (west) setback from 10 feet to 8.3 feet (to building) and from 10 feet to three
feet (to sidewalk). The requested west side setback reduction is only to the southwest comer of the
building, where the northwest comer of the building is situated 17 feet from the west side property
line. The east side setback reduction to pavement is for a backup flair only, as the parking spaces
are located under the building and meet the required 10- foot setback. Side setback reductions are
requested on the east and west sides for sidewalks providing pedestrian access to the pool and
dock, are at ground level only and are minimal intrusions in the setback area. The proposal
includes a reduction to the east side setback and rear setback for the pool and pool deck. This
reduction, however, is for a pool deck that is elevated 1.9 feet over the existing top of the seawall
elevation of 2.9 feet. Section 3-201.B.I0 of the Code classifies in-ground pools as accessory
structures when it is 12 inches or less above grade (in-ground pools greater than 12 inches above
grade are considered principal structures). Staff is unaware of any other approved development on
Brightwater Drive or Bayway Boulevard where the pool deck is greater than the maximum of 12
inches above grade (or seawall). Such solid structure is also located within the waterfront
visibility triangle requirement. Staff cannot support the requested increase to 1.9 feet above the
seawall. The pool deck should be lowered to a maximum of 12 inches above the top of the
seawall and sidewalk access modified to provide adequate ramping for pedestrian access. The 20-
foot rear setback proposed to the building will still comply with the Building Code requirement of
an 18 feet setback from the seawall. The rear setback reduction is otherwise to the pool and pool
deck, which is consistent with other approved projects on Brightwater Drive and Bayway
Boulevard. Adjustments to the Building Code setback (less than 18 feet) are also reviewed by the
Building Official prior to building permit issuance.
The proposal includes increases to building height from 35 feet to 45.08 feet (to roof deck) with an
additional 4.17 feet (from roof deck for perimeter parapets) and an additional 14.25 feet (from roof
deck for a roof top pavillion). The proposed building of four stories over ground level parking is
consistent with that envisioned by Beach by Design for this street. Code provisions allow parapet
walls to extend a maximum of 30-inches above the roof deck. The applicant is requesting to
increase the parapet to a total of four feet, two inches (4.17) feet from the roof deck. This 4.17-
Staff Report - Community Development Board - June 15,2004
Case FLD2003-l 2069/TDR2003-l 2005 - Page 3
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foot high parapet is located on the front, east and west sides of the building, will screen from view
rooftop air condensing units and will be in proportion with the building fayade. The proposal also
includes an open pavillion on the front of the building that will be 14.25 feet in height (from roof
deck to peak of the pavillion roof) for architectural embellishment and to provide visual relief.
The roof deck is also a common element for the condominiums. The waterside and portions of the
east and west sides of the roof will be enclosed for safety and Building Code purposes with a
railing, which will not block water views from residents and guests while on the roof deck. Code
provisions allow, and the proposal includes, elevator towers, stair towers and mechanical
equipment rooms to be a maximum of 16 feet above the roof deck. The proposed rooftop
pavillion will, therefore, be lower than the elevator and trash towers also proposed on the front
side of the building.
The Mediterranean-style of architecture of the building will include a soft yellow stucco for the
main building color, accented by the elevator and trash towers in a darker shade (sun beige). The
parapet walls will contain a Florida-blend of barrel tile roofing. Banding and other architectural
features will be painted champagne tint. The windows, door frames and railings will be white in
color.
The landscape plan utilizes a colorful groundcover (blue pacific juniper, dwarf jasmine and red
and white fountain grass), shrubs (hibiscus, variegated arboricola, red ixora, Indian hawthome and
sea grape) and trees (washingtonia palm, cabbage palm, queen palm, ligustrum tree and silver
buttonwood tree).
The applicant is not proposing any signs with this development. Any future freestanding sign
should be a monument-style sign of a maximum four feet in height and designed to match the
exterior materials and color of the building. Dumpsters will be placed within a staging area
adjacent to the building and driveway on pickup days. All required Parks and Recreation fees will
be required to be paid prior to the issuance of any building permits. On-site utility facilities
(electric and communication lines) will be required to be placed underground as part of the site
redevelopment. Provisions for the placement of conduits for the future undergrounding of existing
aboveground utility facilities in the public right-of-way should be completed prior to the issuance
of the first certificate of occupancy in a manner acceptable to the utility companies and the City. A
special warranty deed, specifying the number of dwelling units being conveyed or sold from 620
Bayway Boulevard and being transferred to this site, is required to be recorded prior to the
issuance of any permits for this project. This special warranty deed also must contain a covenant
restricting in perpetuity the use of 620 Bayway Boulevard due to the transfer of development
rights.
Code Enforcement Analysis: There are no outstanding enforcement issues associated with this
site.
Staff Report- Community Development Board - June 15,2004
Case FLD2003-12069/TDR2003-l2005 - Page 4
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COMPLIANCE WITH STANDARDS AND CRITERIA: (Sections 2-801.1 and 2-803):
ST ANDARD PROPOSED CONSISTENT INCONSISTENT
MAXIMUM 10 dwelling units (a) X*
DENSITY
(30 dwelling units per
acre) (9 dwelling units
maximum)
IMPERVIOUS 0.63 X
SURFACE RATIO
(ISR) (0.95 maximum)
LOT AREA (10,000 0.312 acre; 13,610 square feet X
sq. feet minimum for
attached dwellin2s)
LOT WIDTH (100 107 feet X
feet . . for
mlmmum
attached dwellin2s)
FRONT SETBACK 14.5 feet (to building) and 4.2 feet (to X*
(0-15 feet) pavement)
REAR SETBACK Zero feet (to pool deck and X*
(10-20 feet) boardwalk)
SIDE SETBACK East: 7.5 feet (to pavement) and three X*
(0-10 feet) feet (to pool deck and sidewalk)
West: 8.3 feet (to building) and three
feet (to sidewalk)
HEIGHT (35-100 feet 45.08 feet (to roof deck) with an X*
maximum for additional 4.17 feet (from roof deck
attached dwellings) for perimeter parapets) and an
additional 14.25 feet (from roof deck
for a rooftop pavillion)
PARKING SPACES 16 spaces X
(1.5 spaces - attached
dwellings; 15 spaces
required)
(a) Includes the Transfer of Development Rights for one unit (TDR2003-12005).
*See discussion under Analysis.
Staff Report - Community Development Board - June 15,2004
Case FLD2003-12069/TDR2003-12005 - Page 5
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COMPLIANCE WITH FLEXIBILITY CRITERIA (Section 2-803.C):
Consistent Inconsistent
1. The development or redevelopment of the parcel proposed for X
development is otherwise impractical without deviations from the use,
intensity and development standards.
2. The development of the parcel proposed for development as a X
Comprehensive Infill Redevelopment Project will not reduce the fair
market value of abutting properties.
3. The uses within the Comprehensive Infill Redevelopment Project are X
otherwise permitted in the City of Clearwater.
4. The use or mIX of uses within the Comprehensive Infill X
Redevelopment Project is compatible with adiacent land uses.
5. Suitable sites for development or redevelopment of the uses of mix of X
uses within the Comprehensive Infill Redevelopment Project are not
otherwise available in the City of Clearwater.
6. The development of the parcel proposed for development as a X
Comprehensive Infill Redevelopment Project will upgrade the
immediate vicinity of the parcel proposed for development.
7. The design of the proposed Comprehensive Infill Redevelopment X
Project creates a form and function that enhances the community
character of the immediate vicinity of the parcel proposed for
development and the City of Clearwater as a whole.
8. Flexibility in regard to lot width, required setbacks, height and off- X
street parking are justified by the benefits to community character and
the immediate vicinity of the parcel proposed for development and the
Citv of Clearwater as a whole.
9. Adequate off-street parking in the immediate vicinity according to the X
shared parking formula in Division 14 of Article 3 will be available to
avoid on-street parking in the immediate vicinity of the parcel
proposed for development.
COMPLIANCE WITH GENERAL STANDARDS Section 3-913 :
Consistent Inconsistent
1. X
2. X
3. X
4. X
5. of the X
6. X
Staff Report - Community Development Board - June 15,2004
Case FLD2003-12069/TDR2003-12005 - Page 6
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COMPLIANCE WITH TRANSFER OF DEVELOPMENT RIGHTS STANDARDS
(Section 4-1403):
Consistent Inconsistent
1. The development of the parcel proposed for development will not X
reduce the fair market value of abutting property.
2. The uses within the project are otherwise permitted in the City of X
Clearwater.
3. The uses or mix of uses within the project are compatible with X
adjacent land uses.
4. The development of the parcel proposed for development will X
upgrade the immediate vicinity of the parcel proposed for
development.
5. The design of the proposed project creates a form and function which X
enhances the community character of the immediate vicinity of the
parcel proposed for development and the City of Clearwater as a
whole.
SUMMARY AND RECOMMENDATION:
The Development Review Committee reviewed the application and supporting materials on
January 29,2004, and May 6,2004. The Planning Department recommends APPROVAL of the
Flexible Development request to permit ten attached dwellings with reductions to the front (south)
setback from 15 feet to 14.5 feet (to building) and from 15 feet to 4.2 feet (to pavement),
reductions to the side (east) from 10 feet to 7.5 feet (to pavement) and from 10 feet to three feet (to
pool deck and sidewalk), reductions to the side (west) setback from 10 feet to 8.3 feet (to building)
and from 10 feet to three feet (to sidewalk), a reduction to the rear (north) from 20 feet to zero feet
(to pool deck and boardwalk) and to increase the building height from 35 feet to 45.08 feet (to roof
deck) with an additional 4.17 feet (from roof deck for perimeter parapets) and an additional 14.25
feet (from roof deck for a roof top pavillion), as part of a Comprehensive Infill Redevelopment
Project, under the provisions of Section 2-803.C (retaining six existing boat slips and one existing
dock for sole use by the property owners) and the Transfer of Development Rights for one
dwelling unit from 620 Bayway Boulevard, under the provisions of Section 4-1403, for the site at
190 Brightwater Drive, with the following bases and conditions:
Bases for Approval:
1. The proposal complies with the Flexible Development criteria as a Comprehensive Infill
Redevelopment Project per Section 2-803.C;
2. The proposal is in compliance with other standards in the Code including the General
Applicability Criteria per Section 3-913; and
3. The development is compatible with the surrounding area and will enhance other
redevelopment efforts.
Conditions of Approval:
1. That the final design and color of the building be consistent with the conceptual elevations
submitted to, or as modified by, the CDB;
Staff Report - Community Development Board - June 15,2004
Case FLD2003-l2069/TDR2003-l2005 - Page 7
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2. That, prior to the issuance of any permits, the site plan be revised to either eliminate the
western open parking space or redesign the accessible path to be in front of the parking
space;
3. That the pool deck be lowered to a maximum of 12 inches above the top of the seawall and
sidewalk access modified to provide adequate ramping for pedestrian access prior to the
issuance of any permits;
4. That a special warranty deed, specifying the number of dwelling units being conveyed or
sold from 620 Bayway Boulevard and being transferred to this site, be recorded prior to the
issuance of any permits for this project. The special warranty deed shall also contain a
covenant restricting in perpetuity the use of all platted lots at 620 Bayway Boulevard due to
the transfer of development rights. Any mortgage holder of the sending site (620 Bayway
Boulevard) shall consent to the transfer of development rights prior to the issuance of any
permits;
5. That a Unity of Title be recorded in the public records prior to the issuance of any permits;
6. That boats moored at the docks, lift and/or slips be for the exclusive use by the residents
and/or guests of the condominiums and not be permitted to be sub-leased separately from
the condominiums;
7. That any future freestanding sign be a monument-style sign a maximum four feet in height
and designed to match the exterior materials and color of the building;
8. That all applicable requirements of Chapter 39 of the Building Code be met related to
seawall setbacks;
9. That a condominium plat be recorded prior to the issuance of the first Certificate of
Occupancy;
10. That all proposed utilities (from the right-of-way to the proposed building) be placed
underground. Conduits for the future undergrounding of existing utilities within the abut-
ting right-of-way shall be installed along the entire site's street frontages prior to the issu-
ance of a Certificate of Occupancy. The applicant's representative shall coordinate the size
and number of conduits with all affected utility providers (electric, phone, cable, etc.), with
the exact location, size and number of conduits to be approved by the applicant's engineer
and the City's Engineering Department prior to the commencement of work;
11. That all Fire Department requirements be met prior to the issuance of any permits; and
12. That all Parks and Recreation fees be paid prior to the issuance of any permits.
Prepared by: Planning Department Staff:
ATTACHMENTS:
Aerial Photograph of Site and Vicinity
Location Map
Future Land Use Map
Zoning Atlas Map
Application
I IMS5clPDSIPlanning Department\C D BIFLEXlPending caseslUp for the next DRCIBrightwater 190 Twin Palms (T) IBrightwater 190 Staff
Report.doc
Staff Report - Community Development Board - June 15,2004
Case FLD2003-l2069/TDR2003-l2005 - Page 8
.
.
Page 1 of 1
Wells, Wayne
From: Wells, Wayne
Sent: Wednesday, July 05, 2006 11 :32 AM
To: 'Doreen Williams'
Subject: RE: Delfino Bay
Doreen -
Suggestion - Keep the width of both of the sidewalks from the stairwells to the Code minimum (44-inches) and
modify the west sidewalk to a maintain a three-foot side setback (as approved under the FLD case) and the east
side setback was approved with a lesser (three-foot) setback than proposed. This way we are in keeping with the
approved project and the Development Order.
Additionally, I have discussed this project with Jeff Walker, Plans Examiner in the Building Department (who has
been reviewing the building plans). In order to meet the accessibility requirements to the pool, he suggested
extending the sidewalk from the backup flair on the west side of the parking level to join up with the sidewalk
coming out from the western stairwell. That way, they could come down the elevator and go through the western
stairwell to reach this western sidewalk to get to the pool. Just keep it snug up to the building or at least at the
three-foot side setback. Look at its location in relation to proposed landscaping to see where best to place the
sidewalk extension.
Wayne
-----Original Message-----
From: Doreen Williams [mailto:Doreen@northsideengineering.com]
Sent: Wednesday, July 05, 2006 9:09 AM
To: Wells, Wayne
Subject: FW: Delfino Bay
Please see attached. If we add the sidewalks, we change the side setbacks. I am getting ready to
resubmit. Should I change the cover sheet to show the dimensions to pavement on the side?
From: Bryan Veilleux
Sent: Wednesday, July 05, 2006 8:47 AM
To: Doreen Williams
Subject: Delfino Bay
No virus found in this outgoing message.
Checked by A VG Free Edition.
Version: 7.1.394/ Virus Database: 268.9.6/378 - Release Date: 6/28/2006
Internal Virus Database is out-of-date.
Checked by A VG Free Edition.
Version: 7.1.394/ Virus Database: 268.9.5/377 - Release Date: 6/27/2006
7/5/2006
NEW 5' WALK
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· Conditions Associated Wi'
FLD2003-12069
190 BRIGHTWATER DR
Fire Condition
01/12/2004
01/12/2004
01/12/2004
Joe Colbert
562-4567 xt 3548
Ensure the protection against freezing to exterior exposed piping as per 1999 Edition of NFPA-13 Not Met
5-14.3.1.1 & 5-14.3.1.2. Acknowledgement of the intent to comply is required prior to COB.
Install a Knox Box key safe for emergency access as per NFPA-1 3-6. Required prior to building Not Met
permit.
Plans submittal must indicate compliance with the following codes: Florida Fire Prevention Code Not Met
2001 Edition, NFPA 142000 Edition, NFPA 72 1999 Edition, NFPA 131999 Edition, NFPA 101
2000 Edition, NFPA 70 (National Electric Code) 1999 Edition along with 4A-47 & 4A-48 and F.S.
633. Required prior to building permit.
Parks & Rec Impact Fees
Open Space and Recreation Impact Fees will need to be addressed for this project. Verification is Not Met
needed of the existing number of hotel/motel guestrooms to be able to determine the credit. 4
motel guestrooms = 1 residential unit. Fees are due prior to issuance of building permits or final
plat (if applicable) whichever occurs first. Please contact Deb Richter at 727-562-4817.
Zoning Condition
05/13/2004
05/13/2004
05/13/2004
05/13/2004
05/13/2004
05/13/2004
05/13/2004
Wayne Wells
562-4504
5/13/04 & 4/23/04 & 2/10/04 & 1/12/04 - WW Not Met
Condition to be placed on the Development Order:
That a special warranty deed, specifying the number of dwelling units being conveyed or sold from
620 Bayway Boulevard and being transferred to this site, be recorded prior to the issuance of any
permits for this project. The special warranty deed also must contain a covenant restricting in
perpetuity the use of 620 Bayway Boulevard due to the transfer of development rights.
5/13/04 & 4/23/04 & 2/10/04 & 1/12/04 - WW Not Met
Condition to be placed on Development Order:
That the final design and color of the building be consistent with the conceptual elevations
submitted to, or as modified by, the COB.
5/13/04 & 4/23/04 & 2/10/04 & 1/12/04 - WW Not Met
Condition to be placed on Development Order:
That boats moored at the docks, lift and/or slips be for the exclusive use by the residents and/or
guests of the condominiums and not be permitted to be sub-leased separately from the
condominiums.
5/13/04 & 4/23/04 & 2/10/04 & 1/12/04 - WW Not Met
Condition to be placed on the Development Order:
That all applicable requirements of Chapter 39 of the Building Code be met related to seawall
setbacks.
5/13/04 & 4/23/04 & 2/10/04 & 1/12/04 - WW Not Met
Condition to be placed on the Development Order:
That all proposed utilities (from the right-of-way to the proposed buildings) be placed underground
and installation of conduit(s) along the entire length of the site's street frontage be completed prior
to the issuance of the first certificate of occupancy.
5/13/04 & 4/23/04 & 2/10/04 & 1/12/04 - WW Not Met
Condition to be placed on the Development Order:
That a condominium plat be recorded prior to the issuance of the first Certificate of Occupancy.
5/13/04 & 4/23/04 & 2/10/04 & 1/12/04 - WW Not Met
CaseConditons
Print Date: 06/07/2004
Page 1 of 2
f!
.
.
FLD2003-12069
190 BRIGHTWATER DR
Zoning Condition Wayne Wells 562-4504
Condition to be placed on the Development Order:
That all Fire Department requirements be met prior to the issuance of any permits.
05/13/2004
5/13/04 - WW Not Met
Staff will not support increase in height.
4/23/04 - WW
If the top elevation of the existing seawall is between 2.8 and 2.9 feet, the proposal is to add to the
seawall 1.9 feet of additional height and to have a retaining wall of increasing height toward the
seawall. Staff has concerns above adding this high a cap to the seawall. Section C-C on Sheet
4.1 is not consistent with existing height of the seawall and the proposed design of the pavement
elevation and the top/bottom of the retention pond (bottom of pond to be 2.8 feet; top of existing
seawall is 2.8 feet[?]). Revise.
CaseConditons
Print Date: 06/07/2004
Page 2 of 2
~
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.
FLD2003-12069
190 BRIGHTWATER DR
Traffic Eng Condition
1. Remove two (2) back out parking spaces along Brightwater Drive. (DRC Note: Applicant Not Met
desires to provide parking for residents of Brightwater Drive; will continue to request these two
spaces.) 2/6/04 - NOT MET
2. To minimize stacking problems in the driveway, the gate should not swing toward street. 2/6/04
- NOT MET 4/12/04 - met - gate removed
3. Remove sight obstruction for all parking spaces i.e. walls. 2/6/04 - MET - COLUMNS USED
INSTEAD OF WALLS
4. What is the staging area for? Please label its intended use.2/6/04 - MET - TRASH
5. Show control console for gate.2/6/04 - NOT MET 4/12/04 - met gate and console deleted
6. All of the above to be addressed prior to CDB.
7. Please indicate how many units the demolished building had in order to give proper TIF credit.
*** Traffic Impact Fees to be assessed and paid prior to C.O.
Zoning Conditior
04/23/2004 J 4/23/04 - WW
Provide the height of the building from BFE to the top of roof deck and the height of the roof top
pavillion from top of roof deck to top of the pavillion roof. Since the roof top pavillion is not
elevator, stair or mechanical equipment rooms where the Code permits additional height, the
additional height for the roof top pavillion will have to be added to the request. Suggest reducing
height of pavillion to be in scale with other projections above roof deck, potentially eight feet from
roof deck to facia. Provide decorative outlookers on pavillion. Provide narrative for the
need/reason for this pavillion and the justification for the additional height of this pavillion. Code
permits elevator, trash chute and stairs to extend a maximum of 16 feet above roof deck.
Elevations indicate these will extend higher. Reduce the height of these to a maximum of 16 feet
above roof deck. Ensure that the heights stated in the Site Data Table on Sheet C1.1 match the
heights shown on the building elevations.
2/10/04 - WW
Roof deck appears to be a flat roof, not a pitched roof, based on the building elevations submitted.
Provide the height of the building from the BFE to the roof deck, the height of the parapet from the
roof deck, the height of the stair towers, elevator tower and trash chute tower from the roof deck.
Also, provide the height of the rooftop pavillion from the roof deck to the top of the roof of the
pavillion. Finally, ensure that the heights stated in the Site Data Table on Sheet C1.1 match the
heights shown on the building elevations.
1/12/04 - WW
Provide on the building elevations the BFE and the height of the building from the BFE to the roof
deck (assumed to be a flat roof) and the height of the parapet from roof deck. If flat roof, revise
Site Data Table on Sheet C1.1.
04/23/2004 J 4/23/04 - WW
Have gates been eliminated?
2/10/04 & 1/12/04 - WW
Proposed gates to the underside, ground-level parking interferes with parking spaces, whether the
gates open out or in. Advise/revise.
04/23/2004 J 4/23/04 & 2/10/04 & 1/12/04 - WW
J Show/indicate location of a/c units (if on the roof, indicate such).
04/23/2004 4/23/04 & 2/10/04 - WW - Staff will not support request.
1/30/04 - WW - Change made as a result of DRC meeting.
1/12/04 - WW
Staff will not support parking designed to back into the right-of-way. These two proposed parking
spaces also interfere with required sidewalk within the right-of-way.
(DRC Note: Applicant desires to provide parking for residents of Brightwater Drive; will continue
to request these two spaces.)
Wayne Wells
562-4504
Not Met
Not Met
Not Met
Not Met
CaseCond itons
Print Date: OS/21/2004
Page 2 of 5
.
.
FLD2003-12069
190 BRIGHTWATER DR
562-4504
Zoning Condit~n Wayne Wells
04/23/2004 J 4/23/04 & 2/10/04 & 1/12/04 - WW
J A portion of the dumpster enclosure is within the visibility triangle.
04/21/2004 4/21/04 - WW - CDB denied on 4/20/04 the appeal (APP2004-00002) of how density is calculated.
Must reduce by one dwelling unit. Need to indicate on which floor that is occurring and the
changes to the front and rear elevations.
2/10/04 - WW - Request is being found insufficient based on density not meeting Code provisions.
1/30/04 - WW - Change made as a result of DRC meeting.
1/12/04 - WW
By Code, only a maximum of nine dwelling units can be developed on this site (density is rounded
down). Based on this maximum, Section 3-1402 only permits a maximum transfer of "20 percent
of the permitted development potential of the site prior to the transfer," or only one dwelling unit
(not two as requested) (9 x 0.2 = 1.8). Revise TDR and request to reduce by one dwelling unit.
(DRC Note: Applicant wants 11 dwelling units and will challenge our calculations at CDB.)
04/23/2004 J 4/23/04 & 2/10/04 & 1/12/04 - WW
Show location of proposed signage (if any. If none proposed, note such). If signage is proposed,
provide details (height, area, construction, color, etc.).
04/23/2004 J 4/23/04 & 2/10/04 - WW - Unsure of any determinations at this time.
1/30/04 - WW - Change made as a result of DRC meeting.
1/12/04 - WW
It appears that both stairwells are open (non-enclosed). Ensure building/fire codes will permit
open stairwells at the setbacks proposed. (DRC Note: Applicant to check this out.)
04/23/2004 0 4/23/04 & 2/10/04 & 1/12/04 - WW
Condition to be placed on the Development Order:
That a special warranty deed, specifying the number of dwelling units being conveyed or sold from
620 Bayway Boulevard and being transferred to this site, be recorded prior to the issuance of any
permits for this project. The special warranty deed also must contain a covenant restricting in
perpetuity the use of 620 Bayway Boulevard due to the transfer of development rights.
04/23/2004 0 4/23/04 & 2/10/04 & 1/12/04 - WW
Condition to be placed on Development Order:
That the final design and color of the building be consistent with the conceptual elevations
submitted to, or as modified by, the CDB.
04/23/2004 0 4/23/04 & 2/10/04 & 1/12/04 - WW
Condition to be placed on Development Order:
That boats moored at the docks, lift and/or slips be for the exclusive use by the residents and/or
guests of the condominiums and not be permitted to be sub-leased separately from the
condominiums.
04/23/2004 0 4/23/04 & 2/10/04 & 1/12/04 - WW
Condition to be placed on the Development Order:
That all applicable requirements of Chapter 39 of the Building Code be met related to seawall
setbacks.
04/23/200404/23/04 & 2/10/04 & 1/12/04 - WW
Condition to be placed on the Development Order:
That all proposed utilities (from the right-of-way to the proposed buildings) be placed underground
and installation of conduit(s) along the entire length of the site's street frontage be completed prior
to the issuance of the first certificate of occupancy.
04/23/2004 \]4/23/04 & 2/10/04 & 1/12/04 - WW
Condition to be placed on the Development Order:
That a condominium plat be recorded prior to the issuance of the first Certificate of Occupancy.
04/23/2004 G 4/23/04 & 2/10/04 & 1/12/04 - WW
Condition to be placed on the Development Order:
Print Date: OS/21/2004
Page 3 of 5
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CaseConditons
.
.
FLD2003-12069
190 BRIGHTWATER DR
Zoning Condition Wayne Wells 562-4504
That all Fire Department requirements be met prior to the issuance of any permits.
04/23/2004 / 4/23/04 & 2/10/04 & 1/12/04 - WW
Areas shown under the building as if they are landscaped areas (same shading/depiction as
landscaped areas not under the building). These areas will be paved, but probably striped
islands. Revise all appropriate drawings.
4/23/04 - WW
Since appeal was denied regarding calculation of density, this project will need to be reduced by
one dwelling unit. Revise appropriate floor plan and front and rear building elevations to show
changes due to loss of one dwelling unit.
3/30/04 - WW
Provide floor plans for all levels of the building. If one floor plan is applicable to more than one
floor, indicate which floors the plan is applicable to.
Provide color samples/chips of the proposed building colors.
04/23/2004 J
04/23/2003 j
04/23/2004 () If the top elevation of the existing seawall is between 2.8 and 2.9 feet, the proposal is to add to the
seawall 1.9 feet of additional height and to have a retaining wall of increasing height toward the
seawall. Staff has concerns above adding this high a cap to the seawall. Section C-C on Sheet
4.1 is not consistent with existing height of the seawall and the proposed design of the pavement
elevation and the top/bottom of the retention pond (bottom of pond to be 2.8 feet; top of existing
seawall is 2.8 feet[?]). Revise.
04/23/2004 J Since two spaces that back into the R.O.W. are not proposed as parking for this development,
revise the site data table on Sheet C1.1 for "proposed" parking to 18 spaces.
05/06/2004 J Floor plans and revised building elevations were submitted yesterday (5/5/04). Based on this new
information, the north elevation does not reflect the unit floor plans. Specifically, balconies and
exterior walls (with windows) don't match the floor plans submitted for the 2nd & 3rd floors.
Additionally, windows on the east and west sides of the building don't match the floor plans
submitted for the 2nd and 3rd floors. Revise/coordinate.
05/06/2004 J Floor plans and revised building elevations were submitted yesterday (5/5/04). Revise the east
elevation note regarding exterior material and color (shown on the building) to make it read
(verbiage is backwards).
05/06/2004 j Floor plans and revised building elevations were submitted yesterday (5/5/04). Building
dimensions shown on the floor plans and elevations do not correspond to dimensions on the civil
site plan. Floor plans indicate northern dimension is 90'-2", yet civil site plan indicates this
dimension to be 92.33'. Floor plans also indicate the north/south dimension from the northern wall
to the elevator to be 67'-9", yet the civil site plan indicates this dimension to be 65'-4". This
north/south dimension has changed from prior submittals. Revise/coordinate floor plans/building
elevations/civil site plan for building size and location.
05/06/2004 J Floor plans and revised building elevations were submitted yesterday (5/5/04). Trash room/chute
area measures 10.5' (east/west measurement). Building elevations indicate the trash room/chute
tower to be the same east/west measurement as the ground floor trash dumpster room.
However, the civil site plan indicates the trash dumpster room east/west measurement to only be
eight feet. Revise/coordinate floor plans/building elevations/civil site plan.
05/06/2004 J Floor plans and revised building elevations were submitted yesterday (5/5/04). The south
elevation has revised the location of the driveway entrance/exit to the parking under the building.
In addition, this is revision is further reflected on the "preliminary garage floor plan". This revision
is not reflected on the civil site plan. This revision also changes the parking space layout from
that shown on the civil site plan, eliminates one parking space within the front setback
(perpendicular to the driveway) and appears to eliminate the two parking spaces proposed to be
partially located within and backing into the right-of-way of Brightwater Drive. This "preliminary
garage floor plan" also indicates an apparent extension of the east/west drive aisle under the
building toward the east and west property lines, which the civil site plan does not anticipate. The
Print Date: OS/21/2004
Page 4 of 5
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CaseConditons
.
.
FLD2003-12069
190 BRIGHTWATER DR
Zoning Condition Wayne Wells 562-4504
east and west building elevations have been changed to reflect these apparent extensions. It is
unclear where such drive aisle extension would go to the east, since town homes have been
recently constructed on the adjacent property. Advise/revise/coordinate "preliminary garage floor
plan," building elevations and civil site plan.
05/06/2004) A "preliminary garage floor plan" was submitted yesterday (5/5/04). This revises the parking
space layout. The handicap parking space location has been moved distant from the elevator and
eliminates the accessible path to the public sidewalk. Also, based on dimensions on the
"preliminary garage floor plan," the southern parking row on either side of the driveway appears to
be less than the required 19 feet (approximately 18 feet). Revise/coodinate with civil site plan.
Not Met
CaseConditons
Print Date: OS/21/2004
Page 5 of 5
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Engineeri~"'g~~ ~ition Don Melone
04/21/2004 1) No back out parking into the street. All parking must be provided on site.
2) Dumpster staging area within site visibility triangle.
3) Where do guests and the service utility trucks park?
4) Need to show size of the existing water main that will provide water supply to the fire line and
domestic water meter.
5) Need to install gate valves on both sides of the backflow preventor device.
6) Yard hydrant (fire riser) located in the rear of the property cannot be on a restricted line.
8) Need to install a F.HA for fire protection.
All of the above to be addressed prior to CDB.
.
.
Conditions Associated With
FLD2003-12069
190 BRIGHTWATER DR
562-4798
Not Met
Prior to C.O.:
1) Condo plat recorded with Pinellas County.
Fire Condition
Joe Colbert
562-4567 xt 3548
01/12/2004
Ensure the protection against freezing to exterior exposed piping as per 1999 Edition of NFPA-13 Not Met
5-14.3.1.1 & 5-14.3.1.2. Acknowledgement of the intent to comply is required prior to CDB.
Install a Knox Box key safe for emergency access as per NFPA-1 3-6. Required prior to building Not Met
permit.
Plans submittal must indicate compliance with the following codes: Florida Fire Prevention Code Not Met
2001 Edition, NFPA 142000 Edition, NFPA 72 1999 Edition, NFPA 131999 Edition, NFPA 101
2000 Edition, NFPA 70 (National Electric Code) 1999 Edition along with 4A-47 & 4A-48 and F.S.
633. Required prior to building permit.
01/12/2004
01/12/2004
05/05/2004 Revised plan by architect has not b n reflected in the landscape plans. Correct to match up site Not Met
and architecturel plan sets, then b it for review
05/05/2004 Two parking spaces shown 0 B ghtw ter Dr" e are partly covered with landscape, remove from Not Met
civil plans and landscap~ets.
05/05/2004 Add a few queen pal~'t.~ e area ad: ent to the pool so the rear of the building is somewhat Not Met
screened. \ /
Parks & Rec Impact Fees
Open Space and Recreation Impact Fees will need to be addressed for this project. Verification is Not Met
needed of the existing number of hotel/motel guestrooms to be able to determine the credit. 4
motel guestrooms = 1 residential unit. Fees are due prior to issuance of building permits or final
plat (if applicable) whichever occurs first. Please contact Deb Richter at 727-562-4817.
562-4604
Landscape
Storm Water Condition
1. Demonstrate that all site runoff is routed through water quality pond. Not Met
2. All drainage swales must be a minimum of 6-inches deep.
3. Section B-B on Sheet L 1.1 indicates trees, mulch bed, etc. in proposed drainage swale.
Indicate how positive drainage will be maintained with the proposed landscaping.
4. Section C-C on Sheet C4.1 indicates a top elevation of the seawall at 4.8, the existing seawall
elevation at the northwest corner of the property is 2.8. Provide an additional cross section for the
west end of the proposed pond to demonstrate proposed grades in this area.
All of the above to be addressed prior to CDB.
Prior to a building permit a copy of the approved SWFWMD permit is to be submitted.
CaseConditons
Print Date: OS/21/2004
Page 1 of 5
3:00 pm
Case Number: FLD2003-19 --190 BRIGHTWATERDR
Owner(s): Twin Palms Of Clearwater LIc
200 Brightwater Dr
Clearwater, Fl 33767
TELEPHONE: 727-512-0468, FAX: 727-449-9256, E-MAIL: No Email
. fi~' sl..Jo+
blL ~...~
Representative: Northside Engineering
601 Cleveland Street
Clearwater, Fl33755
TELEPHONE: 727-443-2869, FAX: 727-446-8036, E-MAIL: nesadmin@mindspring.com
Location: 0.31 acres located on the north side of Brightwater Drive, approximately 1400 feet east of Hamden Drive.
Atlas Page: 276A
Zoning District: T, Tourist
Request: Flexible Development to permit attached dwellings with reductions to front (south) setback from 15 feet to
zero feet (to pavement) and from 15 feet to four feet (to dumpster staging area), side (east) from 10 feet to
nine feet (to building) and from 10 feet to three feet (to pool deck and sidewalk), side (west) setback from
10 feet to four feet (to building), from 10 feet to seven feet (to pavement) and from 10 feet to three feet (to
sidewalk), rear (north) from 20 feet to zero feet (to pool deck and boardwalk) and with increases to building
height from 35 feet to 45 feet (to roof deck) with an additional 4.17 feet (from roof deck for perimeter
parapets) and an additional 15 feet (from roof deck for a rooftop pavillion) and to permit parking that is
designed to back into the public right-of-way, as part of a Comprehensive Infill Redevelopment Project,
under the provisions of Section 2-803.C (retaining six existing boat slips and one existing dock for sole use
by the property owners) and the Transfer of Development Rights for one dwelling unit from 620 Bayway
Boulevard, under the provisions of Section 4-1403.
Proposed Use: Attached dwellings
Neighborhood Clearwater Beach Association
Association(s): Clearwater, Fl33767
827 Mandalay Ave
TELEPHONE: 727-446-5801, FAX: No Fax, E-MAIL: dmacnav@att.netl
Presenter: Wayne Wells, Senior Planner
Attendees Included: Staff: Frank Gerlock, Wayne Wells, Scott Rice, Joe Colbert
Applicant/Representative: Rich Kelley, Christy Butler, Roland Rogers, Debra Harris.
The DRC reviewed this application with the following comments:
General Engineering:
1 . 1) No back out parking into the street. All parking must be provided on site.
2) Dumpster staging area within site visibility triangle.
3) Where do guests and the service utility trucks park?
4) Need to show size of the existing water main that will provide water supply to the fire line and
domestic water meter.
5) Need to install gate valves on both sides of the backflow preventor device.
6) Yard hydrant (fire riser) located in the rear of the property cannot be on a restricted line.
8) Need to install a F.H.A. for fire protection.
All of the above to be addressed prior to CDB.
Prior to C.O.:
1) Condo plat recorded with Pinellas County.
Environmental:
No Comments
Fire:
1 . Ensure the protection against freezing to exterior exposed piping as per 1999 Edition of
NFPA-13 5-14.3.1.1 & 5-14.3.1.2. Acknowledgement of the intent to comply is required prior
to CDB.
2 . Install a Knox Box key safe for emergency access as per NFP A-I 3-6. Required prior to
building permit.
3 . Plans submittal must indicate compliance with the following codes: Florida Fire Prevention
Code 2001 Edition, NFPA 142000 Edition, NFPA 72 1999 Edition, NFPA 13 1999 Edition,
NFPA 101 2000 Edition, NFPA 70 (National Electric Code) 1999 Edition along with 4A-47 &
4A-48 and F.S. 633. Required prior to building permit.
Development Review Agenda - Thursday, May 6, 2004 - Page 35
Harbor Master:
No Comments
Legal:
No Comments
Land Resources:
No Comments
Landscaping:
1 . Revised plan by architect has not been reflected in the landscape plans. Correct to match up site
and architecturel plan sets, then submit for review.
Two parking spaces shown on Brightwater Drive are partly covered with landscape, remove
from civil plans and landscape sets.
Add a few queen palms to the area adjacent to the pool so the rear of the building is somewhat
screened.
Parks and Recreation:
1 . Open Space and Recreation Impact Fees will need to be addressed for this project. Verification
is needed of the existing number of hotel/motel guestrooms to be able to determine the credit. 4
motel guestrooms = 1 residential unit. Fees are due prior to issuance of building permits or
final plat (if applicable) whichever occurs first. Please contact Deb Richter at 727-562-4817.
Stormwater:
1 . 1. Demonstrate that all site runoff is routed through water quality pond.
2. All drainage swales must be a minimum of 6-inches deep.
3. Section B-B on Sheet Ll.l indicates trees, mulch bed, etc. in proposed drainage swale.
Indicate how positive drainage will be maintained with the proposed landscaping.
4. Section C-C on Sheet C4.1 indicates a top elevation of the seawall at 4.8, the existing seawall
elevation at the northwest comer of the property is 2.8. Provide an additional cross section for
the west end of the proposed pond to demonstrate proposed grades in this area.
All of the above to be addressed prior to CDB.
.
.
2.
3.
Prior to a building permit a copy of the approved SWFWMD permit is to be submitted.
Solid Waste:
No Comments
Traffic Engineering:
1 . 1. Remove two (2) back out parking spaces along Brightwater Drive. (DRC Note: Applicant
desires to provide parking for residents of Brightwater Drive; will continue to request these two
spaces.) 2/6/04 - NOT MET
2. To minimize stacking problems in the driveway, the gate should not swing toward street.
2/6/04 - NOT MET 4/12/04 - met - gate removed
3. Remove sight obstruction for all parking spaces i.e. walls. 2/6/04 - MET - COLUMNS
USED INSTEAD OF WALLS
4. What is the staging area for? Please label its intended use.2/6/04 - MET - TRASH
5. Show control console for gate.2/6/04 - NOT MET 4/12/04 - met gate and console deleted
6. All of the above to be addressed prior to CDB.
7. Please indicate how many units the demolished building had in order to give proper TIF
credit.
*** Traffic Impact Fees to be assessed and paid prior to C.O.
Planning:
Development Review Agenda - Thursday, May 6, 2004 - Page 36
1.
4/23/04 - ww . .
Provide the height of the building from BFE to the top of roof deck and the height of the roof top
pavillion from top of roof deck to top of the pavillion roof. Since the roof top pavillion is not
elevator, stair or mechanical equipment rooms where the Code permits additional height, the
additional height for the roof top pavillion will have to be added to the request. Suggest reducing
height of pavillion to be in scale with other projections above roof deck, potentially eight feet
from roof deck to facia. Provide decorative outlookers on pavillion. Provide narrative for the
need/reason for this pavillion and the justification for the additional height of this pavillion.
Code permits elevator, trash chute and stairs to extend a maximum of 16 feet above roof deck.
Elevations indicate these will extend higher. Reduce the height of these to a maximum of 16 feet
above roof deck. Ensure that the heights stated in the Site Data Table on Sheet C 1.1 match the
heights shown on the building elevations.
2/10/04 - WW
Roof deck appears to be a flat roof, not a pitched roof, based on the building elevations
submitted. Provide the height of the building from the BFE to the roof deck, the height of the
parapet from the roof deck, the height of the stair towers, elevator tower and trash chute tower
from the roof deck. Also, provide the height of the rooftop pavillion from the roof deck to the
top of the roof of the pavillion. Finally, ensure that the heights stated in the Site Data Table on
Sheet C1.l match the heights shown on the building elevations.
1/12/04 - WW
Provide on the building elevations the BFE and the height of the building from the BFE to the
roof deck (assumed to be a flat roof) and the height of the parapet from roof deck. If flat roof,
revise Site Data Table on Sheet C 1.1.
4/23/04 - WW
Have gates been eliminated?
2/10/04 & 1/12/04 - WW
Proposed gates to the underside, ground-level parking interferes with parking spaces, whether the
gates open out or in. Advise/revise.
4/23/04 & 2/10/04 & 1/12/04 - WW
Show/indicate location of a/c units (if on the roof, indicate such).
4/23/04 & 2/1 0/04 - WW - Staff will not support request.
1/30/04 - WW - Change made as a result ofDRC meeting.
1/12/04 - WW
Staff will not support parking designed to back into the right-of-way. These two proposed
parking spaces also interfere with required sidewalk within the right-of-way.
(DRC Note: Applicant desires to provide parking for residents of Brightwater Drive; will
continue to request these two spaces.)
4/23/04 & 2/10/04 & 1/12/04 - WW
A portion of the dumpster enclosure is within the visibility triangle.
4/21/04 - WW - CDB denied on 4/20/04 the appeal (APP2004-00002) of how density is
calculated. Must reduce by one dwelling unit. Need to indicate on which floor that is occurring
and the changes to the front and rear elevations.
2/10/04 - WW - Request is being found insufficient based on density not meeting Code
proVISIOns.
1/30/04 - WW - Change made as a result ofDRC meeting.
1/12/04 - WW
By Code, only a maximum of nine dwelling units can be developed on this site (density is
rounded down). Based on this maximum, Section 3-1402 only permits a maximum transfer of
"20 percent of the permitted development potential of the site prior to the transfer," or only one
dwelling unit (not two as requested) (9 x 0.2 = 1.8). Revise TDR and request to reduce by one
dwelling unit. (DRC Note: Applicant wants 11 dwelling units and will challenge our
calculations at CDB.)
4/23/04 & 2/10/04 & 1/12/04 - WW
Show location of proposed signage (if any. If none proposed, note such). If signage is proposed,
provide details (height, area, construction, color, etc.).
4/23/04 & 2/10/04 - WW - Unsure of any determinations at this time.
1/30/04 - WW - Change made as a result ofDRC meeting.
1/12/04 - WW
It appears that both stairwells are open (non-enclosed). Ensure building/fIfe codes will permit
open stairwells at the setbacks proposed. (DRC Note: Applicant to check this out.)
2.
3.
4.
5.
6.
7.
8.
Development Review Agenda - Thursday, May 6,2004 - Page 37
9.
4/23/04 & 2/10/. 1/12/04 - WW .
Condition to be placed on the Development Order:
That a special warranty deed, specifying the number of dwelling units being conveyed or sold
from 620 Bayway Boulevard and being transferred to this site, be recorded prior to the issuance
of any permits for this project. The special warranty deed also must contain a covenant
restricting in perpetuity the use of 620 Bayway Boulevard due to the transfer of development
rights.
4/23/04 & 2/10/04 & 1/12/04 - WW
Condition to be placed on Development Order:
That the final design and color of the building be consistent with the conceptual elevations
submitted to, or as modified by, the CDB.
4/23/04 & 2/10/04 & 1/12/04 - WW
Condition to be placed on Development Order:
That boats moored at the docks, lift and/or slips be for the exclusive use by the residents and/or
guests of the condominiums and not be permitted to be sub-leased separately from the
condominiums.
4/23/04 & 2/10/04 & 1/12/04 - WW
Condition to be placed on the Development Order:
That all applicable requirements of Chapter 39 of the Building Code be met related to seawall
setbacks.
4/23/04 & 2/10/04 & 1/12/04 - WW
Condition to be placed on the Development Order:
That all proposed utilities (from the right-of-way to the proposed buildings) be placed
underground and installation of conduit(s) along the entire length of the site's street frontage be
completed prior to the issuance of the first certificate of occupancy.
4/23/04 & 2/10/04 & 1/12/04 - WW
Condition to be placed on the Development Order:
That a condominium plat be recorded prior to the issuance of the first Certificate of Occupancy.
4/23/04 & 2/10/04 & 1/12/04 - WW
Condition to be placed on the Development Order:
That all Fire Department requirements be met prior to the issuance of any permits.
4/23/04 & 2/10/04 & 1/12/04 - WW
Areas shown under the building as if they are landscaped areas (same shading/depiction as
landscaped areas not under the building). These areas will be paved, but probably striped
islands. Revise all appropriate drawings.
4/23/04 - WW
Since appeal was denied regarding calculation of density, this project will need to be reduced by
one dwelling unit. Revise appropriate floor plan and front and rear building elevations to show
changes due to loss of one dwelling unit.
3/30/04 - WW
Provide floor plans for all levels of the building. If one floor plan is applicable to more than one
floor, indicate which floors the plan is applicable to.
Provide color samples/chips of the proposed building colors.
If the top elevation of the existing seawall is between 2.8 and 2.9 feet, the proposal is to add to
the seawall 1.9 feet of additional height and to have a retaining wall of increasing height toward
the seawall. Staff has concerns above adding this high a cap to the seawall. Section C-C on Sheet
4.1 is not consistent with existing height of the seawall and the proposed design of the pavement
elevation and the top/bottom of the retention pond (bottom of pond to be 2.8 feet; top of existing
seawall is 2.8 feet[?]). Revise.
Since two spaces that back into the R.O.W. are not proposed as parking for this development,
revise the site data table on Sheet C1.1 for "proposed" parking to 18 spaces.
Floor plans and revised building elevations were submitted yesterday (5/5/04). Based on this
new information, the north elevation does not reflect the unit floor plans. Specifically, balconies
and exterior walls (with windows) don't match the floor plans submitted for the 2nd & 3rd floors.
Additionally, windows on the east and west sides of the building don't match the floor plans
submitted for the 2nd and 3rd floors. Revise/coordinate.
Floor plans and revised building elevations were submitted yesterday (5/5/04). Revise the east
elevation note regarding exterior material and color (shown on the building) to make it read
(verbiage is backwards).
10.
11.
12.
13.
14.
15 .
16.
17.
18 .
19.
20.
21 .
22.
Development Review Agenda - Thursday, May 6, 2004 - Page 38
23.
Floor plans and led building elevations were submitted yester'5/5/04). Building
dimensions shown on the floor plans and elevations do not correspond to dimensions on the civil
site plan. Floor plans indicate northern dimension is 90'-2", yet civil site plan indicates this
dimension to be 92.33'. Floor plans also indicate the north/south dimension from the northern
wall to the elevator to be 67'-9", yet the civil site plan indicates this dimension to be 65'-4". This
north/south dimension has changed from prior submittals. Revise/coordinate floor plans/building
elevations/civil site plan for building size and location.
Floor plans and revised building elevations were submitted yesterday (5/5/04). Trash room/chute
area measures 10.5' (east/west measurement). Building elevations indicate the trash room/chute
tower to be the same east/west measurement as the ground floor trash dumpster room. However,
the civil site plan indicates the trash dumpster room east/west measurement to only be eight feet.
Revise/coordinate floor plans/building elevations/civil site plan.
Floor plans and revised building elevations were submitted yesterday (5/5/04). The south
elevation has revised the location of the driveway entrance/exit to the parking under the building.
In addition, this is revision is further reflected on the "preliminary garage floor plan". This
revision is not reflected on the civil site plan. This revision also changes the parking space layout
from that shown on the civil site plan, eliminates one parking space within the front setback
(perpendicular to the driveway) and appears to eliminate the two parking spaces proposed to be
partially located within and backing into the right-of-way of Brightwater Drive. This
"preliminary garage floor plan" also indicates an apparent extension of the east/west drive aisle
under the building toward the east and west property lines, which the civil site plan does not
anticipate. The east and west building elevations have been changed to reflect these apparent
extensions. It is unclear where such drive aisle extension would go to the east, since townhomes
have been recently constructed on the adjacent property. Advise/revise/coordinate "preliminary
garage floor plan," building elevations and civil site plan.
A "preliminary garage floor plan" was submitted yesterday (5/5/04). This revises the parking
space layout. The handicap parking space location has been moved distant from the elevator and
eliminates the accessible path to the public sidewalk. Also, based on dimensions on the
"preliminary garage floor plan," the southern parking row on either side of the driveway appears
to be less than the required 19 feet (approximately 18 feet). Revise/coodinate with civil site
plan.
24.
25.
26.
Other:
No Comments
Notes: This application is insufficient to move forward to CDB.
Development Review Agenda - Thursday, May 6, 2004 - Page 39
3:00 pm
t
Case NU~ber: FLD2003-] 2.-- ]90 BRIGHTWATER DR
Twin Palms Of Clearwater Llc
200 Brightwater Dr
Clearwater, F] 33767
TELEPHONE: 727-512-0468, FAX: 727-449-9256, E-MAIL: No Emai]
Owner(s):
lh-.-fl ~J ~J 0+
l)t.t ~~
Representative: Northside Engineering
60] Cleveland Street
Clearwater, F] 33755
TELEPHONE: 727-443-2869, FAX: 727-446-8036, E-MAIL: nesadmin@mindspring.com
Location: 0.31 acres located on the north side of Brightwater Drive, approximately 1400 feet east of Harnden Drive.
Atlas Page: 276A
Zoning District: T, Tourist
Request: F]exib]e Deve]opment to permit attached dwellings with reductions to front (south) setback from 15 feet to
zero feet (to pavement) and from ]5 feet to four feet (to dumpster staging area), side (east) from 10 feet to
nine feet (to building) and from 10 feet to three feet (to pool deck and sidewalk), side (west) setback from
10 feet to four feet (to building), from 10 feet to seven feet (to pavement) and from 10 feet to three feet (to
sidewalk), rear (north) from 20 feet to zero feet (to pool deck and boardwalk) and with increases to building
height from 35 feet to 45 feet (to roof deck) with an additional 4.17 feet (from roof deck for perimeter
parapets) and an additional 15 feet (from roof deck for a rooftop pavillion) and to permit parking that is
designed to back into the public right-of-way, as part of a Comprehensive Infill Redeve]opment Project,
under the provisions of Section 2-803.C (retaining six existing boat slips and one existing dock for sole use
by the property owners) and the Transfer of Deve]opment Rights for one dwelling unit from 620 Bayway
Bou]evard, under the provisions of Section 4-] 403.
Proposed Use: Attached dwellings
Neighborhood Clearwater Beach Association
Association(s): Clearwater, F] 33767
827 Manda]ay Ave
TELEPHONE: 727-446-580], FAX: No Fax, E-MAIL: dmacnav@att.netI
Presenter: Wayne Wells, Senior Planner
Attendees Included: Staff: Frank Gerlock, Wayne Wells, Scott Rice, Deb Richter, Todd Voigt, Tom G]enn and
Duanne Anderson.
Applicant/Representative: Rich Kelley, Christy Butler, Ro]and Rogers, Housh Ghovaee and Debra Harris.
The DRC reviewed this application with the following comments:
General Engineering:
1. 1) No back out parking into the street. All parking must be provided on site.
2) Dumpster staging area within site visibility triangle.
3) Where do guests and the service utility trucks park?
4) Need to show size of the existing water main that will provide water supply to the fire line and
domestic water meter.
5) Need to install gate valves on both sides of the backtlow preventor device.
6) Yard hydrant (fire riser) located in the rear of the property cannot be on a restricted line.
8) Need to install a F.H.A. for fire protection.
All of the above to be addressed prior to CDB.
Prior to e.O.:
1) Condo plat recorded with Pinellas County.
Environmental:
No Comments
Fire:
1 . Ensure the protection against freezing to exterior exposed piping as per] 999 Edition of
NFPA-] 35-14.3.1.1 & 5-14.3.1.2. Acknow]edgement of the intent to comply is required prior
to CDB.
2 . Install a Knox Box key safe for emergency access as per NFP A-I 3-6. Required prior to
building permit.
3 . Plans submittal must indicate compliance with the following codes: F]orida Fire Prevention
Code 200] Edition, NFPA 142000 Edition, NFPA 72 ]999 Edition, NFPA 13 1999 Edition,
NFPA 10] 2000 Edition, NFPA 70 (Nationa] Electric Code) 1999 Edition along with 4A-47 &
4A-48 and F.S. 633. Required prior to building permit.
Deve]opment Review Agenda - Thursday, May 6, 2004 - Page 36
Harbor Master:
No Comments
Legal:
No Comments
Land Resources:
No Comments
Landscaping:
I . Revised plan by architect has not been reflected in the landscape plans. Correct to match up site
and architecturel plan sets, then submit for review.
2 . Two parking spaces shown on Brightwater Drive are partly covered with landscape, remove
from civil plans and landscape sets.
3 . Add a few queen palms to the area adjacent to the pool so the rear of the building is somewhat
screened.
Parks and Recreation:
1 . Open Space and Recreation Impact Fees will need to be addressed for this project. Verification
is needed of the existing number of hotel/motel guestrooms to be able to determine the credit. 4
motel guestrooms = 1 residential unit. Fees are due prior to issuance of building permits or
final plat (if applicable) whichever occurs first. Please contact Deb Richter at 727-562-4817.
Stormwater:
1 . 1. Demonstrate that all site runoff is routed through water quality pond.
2. All drainage swales must be a minimum of 6-inches deep.
3. Section B-B on Sheet L 1.1 indicates trees, mulch bed, etc. in proposed drainage swale.
Indicate how positive drainage will be maintained with the proposed landscaping.
4. Section C-C on Sheet C4.1 indicates a top elevation ofthe seawall at 4.8, the existing seawall
elevation at the northwest comer of the property is 2.8. Provide an additional cross section for
the west end of the proposed pond to demonstrate proposed grades in this area.
All of the above to be addressed prior to CDB.
.
.
Prior to a building permit a copy of the approved SWFWMD permit is to be submitted.
Solid Waste:
No Comments
Traffic Engineering:
1 . 1. Remove two (2) back out parking spaces along Brightwater Drive. (DRC Note: Applicant
desires to provide parking for residents of Brightwater Drive; will continue to request these two
spaces.) 2/6/04 - NOT MET
2. To minimize stacking problems in the driveway, the gate should not swing toward street.
2/6/04 - NOT MET 4/12/04 - met - gate removed
3. Remove sight obstruction for all parking spaces i.e. walls. 2/6/04 - MET - COLUMNS
USED INSTEAD OF WALLS
4. What is the staging area for? Please label its intended use.2/6/04 - MET - TRASH
5. Show control console for gate.2/6/04 - NOT MET 4/12/04 - met gate and console deleted
6. All of the above to be addressed prior to CDB.
7. Please indicate how many units the demolished building had in order to give proper TlF
credit.
*** Traffic Impact Fees to be assessed and paid prior to C.O.
Planning:
Development Review Agenda - Thursday, May 6, 2004 - Page 37
] .
. .
4/23/04 - WW
Provide the height of the building from BFE to the top of roof deck and the height of the roof top
pavillion from top of roof deck to top of the pavillion roof. Since roof top pavillion is not
elevator, stair or mechanical equipment rooms where the Code permits additional height, the
additional height for the rooftop pavillion will have to be added to the request. Suggest reducing
height of pavillion to be in scale with other projections above roof deck, potentially eight feet
from roof deck to facia. Provide decorative outlookers on pavillion. Code permits elevator, trash
chute and stairs to extend a maximum of ] 6 feet above roof deck. Elevations indicate these will
extend higher. Reduce the height of these to a maximum of ] 6 feet above roof deck. Ensure that
the heights stated in the Site Oata Table on Sheet C].] match the heights shown on the building
elevations.
2/1 0/04 - WW
Roof deck appears to be a flat roof, not a pitched roof, based on the building elevations
submitted. Provide the height of the building from the BFE to the roof deck, the height of the
parapet from the roof deck, the height of the stair towers, elevator tower and trash chute tower
from the roof deck. Also, provide the height of the rooftop pavillion from the roof deck to the
top of the roof of the pavillion. Finally, ensure that the heights stated in the Site Oata Table on
Sheet CLl match the heights shown on the building elevations.
]/12/04 - WW
Provide on the building elevations the BFE and the height of the building from the BFE to the
roof deck (assumed to be a flat root) and the height of the parapet from roof deck. If flat roof,
revise Site Data Table on Sheet Cl.l.
4/23/04 - WW
Have gates been eliminated?
2/I0/04 & 1/]2/04 - WW
Proposed gates to the underside, ground-level parking interferes with parking spaces, whether the
gates open out or in. Advise/revise.
4/23/04 & 2/I0/04 & 1/]2/04 - WW
Show/indicate location of alc units (if on the roof, indicate such).
4/23/04 & 2/I 0/04 - WW - Staff will not support request.
1/30/04 - WW - Change made as a result of ORC meeting.
]/I2/04 - WW
Staff will not support parking designed to back into the right-of-way. These two proposed
parking spaces also interfere with required sidewalk within the right-of-way.
(ORC Note: Applicant desires to provide parking for residents of Brightwater Orive; will
continue to request these two spaces.)
4/23/04 & 2/10/04 & 1/]2/04 - WW
A portion of the dumpster enclosure is within the visibility triangle.
4/21/04 - WW - COB denied on 4/20/04 the appeal (APP2004-00002) of how density is
calculated. Must reduce by one dwelling unit. Need to indicate on which floor that is occurring
and the changes to the front and rear elevations.
2/1 0/04 - WW - Request is being found insufficient based on density not meeting Code
proVISIOns.
]/30/04 - WW - Change made as a result ofORC meeting.
1/]2/04 - WW
By Code, only a maximum of nine dwelling units can be developed on this site (density is
rounded down). Based on this maximum, Section 3-] 402 only permits a maximum transfer of
"20 percent of the permitted development potential of the site prior to the transfer," or only one
dwelling unit (not two as requested) (9 x 0.2 = 1.8). Revise TOR and request to reduce by one
dwelling unit. (ORC Note: Applicant wants I] dwelling units and will challenge our
calculations at COB.)
4/23/04 & 2/I0/04 & ]/]2/04 - WW
Show location of proposed signage (if any. If none proposed, note such). If signage is proposed,
provide details (height, area, construction, color, etc.).
4/23/04 & 2/I 0/04 - WW - Unsure of any determinations at this time.
]/30/04 - WW - Change made as a result ofDRC meeting.
]/12/04 - WW
It appears that both stairwells are open (non-enclosed). Ensure building/fire codes will permit
open stairwells at the setbacks proposed. (ORC Note: Applicant to check this out.)
2.
3.
4.
5.
6.
7.
8.
Development Review Agenda - Thursday, May 6, 2004 - Page 38
9.
4~23/04 & 2/10/0.1./12/04 - WW ·
Condition to be placed on the Development Order:
That a special warranty deed, specifying the number of dwelling units being conveyed or sold
from 620 Bayway Boulevard and being transferred to this site, be recorded prior to the issuance
of any permits for this project. The special warranty deed also must contain a covenant
restricting in perpetuity the use of 620 Bayway Boulevard due to the transfer of development
rights.
4/23/04 & 2/10/04 & 1/12/04 - WW
Condition to be placed on Development Order:
That the final design and color of the building be consistent with the conceptual elevations
submitted to, or as modified by, the COB.
4/23/04 & 2/10/04 & 1/12/04 - WW
Condition to be placed on Development Order:
That boats moored at the docks, lift and/or slips be for the exclusive use by the residents and/or
guests of the condominiums and not be permitted to be sub-leased separately from the
condominiums.
4/23/04 & 2/10/04 & 1/12/04 - WW
Condition to be placed on the Development Order:
That all applicable requirements of Chapter 39 of the Building Code be met related to seawall
setbacks.
4/23/04 & 2/10/04 & 1/12/04 - WW
Condition to be placed on the Development Order:
That all proposed utilities (from the right-of-way to the proposed buildings) be placed
underground and installation of conduit(s) along the entire length of the site's street frontage be
completed prior to the issuance of the first certificate of occupancy.
4/23/04 & 2/10/04 & 1/12/04 - WW
Condition to be placed on the Development Order:
That a condominium plat be recorded prior to the issuance of the first Certificate of Occupancy.
4/23/04 & 2/10/04 & 1/12/04 - WW
Condition to be placed on the Development Order:
That all Fire Department requirements be met prior to the issuance of any permits.
4/23/04 & 2/10/04 & 1/12/04 - WW
Areas shown under the building as if they are landscaped areas (same shading/depiction as
landscaped areas not under the building). These areas will be paved, but probably striped
islands. Revise all appropriate drawings.
4/23/04 - WW
Since appeal was denied regarding calculation of density, this project will need to be reduced by
one dwelling unit. Revise appropriate floor plan and front and rear building elevations to show
changes due to loss of one dwelling unit.
3/30/04 - WW
Provide floor plans for all levels of the building. If one floor plan is applicable to more than one
floor, indicate which floors the plan is applicable to.
Provide color samples/chips ofthe proposed building colors.
If the top elevation of the existing seawall is between 2.8 and 2.9 feet, the proposal is to add to
the seawall 1.9 feet of additional height and to have a retaining wall of increasing height toward
the seawall. Staff has concerns above adding this high a cap to the seawall. Section C-C on Sheet
4.1 is not consistent with existing height of the seawall and the proposed design of the pavement
elevation and the top/bottom of the retention pond (bottom of pond to be 2.8 feet; top of existing
seawall is 2.8 feet[?]). Revise.
Since two spaces that back into the R.O.W. are not proposed as parking for this development,
revise the site data table on Sheet C 1.1 for "proposed" parking to 18 spaces.
10.
II .
12.
13.
14 .
15 .
16 .
17 .
18 .
19.
20.
Other:
No Comments
Notes: To be placed on the 6/15/04 CDB agenda, submit 15 collated copies of the revised plans & application material addressing all
above departments' comments by noon, 5/13/04. Packets shall be collated, folded and stapled as appropriate.
Development Review Agenda - Thursday, May 6, 2004 - Page 39
.
.
Colbert, Joseph
From:
Sent:
To:
Subject:
Colbert, Joseph
Tuesday, February 10, 20049:14 AM
Wells, Wayne
FLD2003-12069
Wayne.....RE: the above case at 190 Brightwater Dr.
The fire conditions (of which there are ten) were not acknowledged on the plan nor
by written acknowledgement.
Item 3- The FOC must show on the site plan prior to COB.
Item 4- The standpipe for the boat dock(s) must be within 100 feet of the dock, and
show on site plan.
All other conditions have not been acknowledged to in writing nor on the plan. In
order to keep the DO to a reasonable
length, these items should be responded to in writing.
Thank you, Joe Colbert
1
'4
1 :40 p.m.
Case: FLD2003-1206.R2003-12005 - 190 Brightwater Drive .
Owner/Applicant: Twin Palms of Clearwater, LLC.
Representative: Housh Ghovaee, Northside Engineering Services, Inc. (601 Cleveland Street, Suite 930,
Clearwater, FL 33755; phone: 727-443-2869; fax: 727-446-8036; email: nestech(a),mindspring.com).
Location: 0.31 acres located on the north side of Brightwater Drive, approximately 1400 feet east of
Harnden Drive.
Atlas Page: 276A.
Zoning: T, Tourist District.
Request: Flexible Development to permit attached dwellings with reductions to the front (south) setback
from 15 feet to zero feet (to pavement) and from 15 feet to four feet (to dumpster staging area), reductions
to the side (east) setback from 10 feet to nine feet (to building) and from 10 feet to three feet (to pool deck),
reductions to the side (west) setback from 10 feet to four feet (to building), from 10 feet to seven feet (to
pavement) and from 10 feet to zero feet (to sidewalk), a reduction to the rear (north) setback from 20 feet to
zero feet (to pool deck and boardwalk) and with increases to building height from 35 feet to 50 feet (to roof
deck) with an additional six feet (from roof deck for perimeter parapets) and to permit parking that is
designed to back into the public right-of-way, as part of a Comprehensive Infill Redevelopment Project,
under the provisions of Section 2-803.C (retaining six existing boat slips and one existing dock for sole use
by the property owners) and the Transfer of Development Rights for two dwelling units from 620 Bayway
Boulevard, under the provisions of Section 4-1403.
Proposed Use: Eleven attached dwellings (condo).
Neighborhood Association: Clearwater Beach Association (David MacNamee, 827 Mandalay Ave.,
Clearwater, FL 33767; phone: 727-446-5801; email: dmacnav(a).att.net).
Presenter: Wayne M. Wells, AICP, Senior Planner.
Attendees included:
City Staff: Frank Gerlock, Wayne Wells, Scott Rice, Deb Richter, Todd Voigt, Tom Glenn and Duanne
Anderson.
Applicant/Representative: Rich Kelley, Christy Butler, Roland Rogers, Housh Ghovaee and Debra
Harris.
The DRC reviewed this application with the following comments:
1. Parks and Recreation:
a) Open Space and Recreation Impact Fees will need to be addressed for this project. Verification
is needed of the existing number of hotel/motel guestrooms to be able to determine the credit. 4
motel guestrooms = 1 residential unit. Fees are due prior to issuance of building permits or final
plat (if applicable) whichever occurs first. Please contact Deb Richter at 727-562-4817.
2. Stormwater:
a) Prior to issuance of a building permit show that all impervious areas on the site will direct runoff
into the water quality detention area.
3. Traffic Enl!ineerinl!:
a) Remove two (2) back out parking spaces along Brightwater Drive. (DRC Note: Applicant
desires to provide parking for residents of Brightwater Drive; will continue to request these two
spaces.)
b) To minimize potential stacking problems, the gate should not swing toward street.
c) Remove site obstruction for all parking spaces i.e. walls.
d) What is the staging area for? Please label its intended use.
e) All of the above to be addressed prior to CDB.
f) Please indicate how many units the demolished building had in order to give proper TIF credit.
4. General Enl!ineerinl!:
a) Water tap to be performed by City at applicant's expense. All water piping to be installed by
applicant.
b) Is the staging area going to have a screen enclosure? If so, it will be in the site visibility triangle.
c) The 8" x 6" wye will be installed by the developer/owner/contractor.
d) Need to show F.D.C.
e) Need to show domestic water meter.
f) Provide gate valve for fire line.
Development Review Committee Action Agenda -Thursday, January 29,2004 - Page 21
g) Sidewalk nAto be installed at back of curb and must be 6'.'
h) Fire hydran~uired within 40' - 50' ofFDC.
i) All utilities from ROW to building must be buried. Conduits must be installed along frontage for
future burying of all utilities in ROW.
j) DRC Note: The City is addressing the water capacity and pressure of the water line in
Brightwater Drive to ascertain whether the existing line is sufficient in case of fire in one or more
buildings or what solutions are necessary if insufficient.
5. Planninl!:
a) Revise request to include all reductions, increases and deviations listed by staff, including
responses to all criteria to address same.
b) Provide project name.
c) Staff will not support parking designed to back into the right-of-way. These two proposed
parking spaces also interfere with required sidewalk within the right-of-way. (DRC Note:
Applicant desires to provide parking for residents of Brightwater Drive; will continue to request
these two spaces.)
d) Areas shown under the building as if they are landscaped areas (same shading/depiction as
landscaped areas not under the building). These areas will be paved, but probably striped islands.
Revise all appropriate drawings.
e) The site plan indicates a sidewalk leading from the east side of the building to the pool deck.
The east side building elevation does not show any door or other opening to provide for such
access. Revise the site plan and/or east side building elevation. (DRC Note: Back side of
building will be open.)
t) Site plan indicates a sidewalk leading from the west side of the building to the boardwalk along
the seawall. The west side building elevation does not provide a door or other opening to
provide for such access. Revise the site plan and/or the west side building elevation. (DRC Note:
Back side of building will be open.)
g) Provide dimensions of the building on the site plan.
h) Show location of nearest fire hydrant on site plan.
i) Dimension setback/distance from front property line to dumpster staging area.
j) Survey/site plan indicates an existing six feet high block wall along east property line. Is this
wall being retained intact, being modified to remove portions or being removed entirely?
k) Cross hatch areas being considered interior greenspace on the site plan and provide square
footage of interior greenspace in site data with the percentage of the vehicular use area (only
paved vehicular use areas outside of the building).
1) Provide the number of existing dwelling units or overnight accommodation units in the Site Data
Table on Sheet CU.
m) Provide on the building elevations the BFE and the height of the building from the BFE to the
roof deck (assumed to be a flat root) and the height of the parapet from roof deck. If flat roof,
revise Site Data Table on Sheet C 1.1.
n) Show/indicate location of a/c units (if on the roof, indicate such).
0) Provide cross sections through the proposed drainage pond (north/south and east/west).
p) Provide cross sections (as many as necessary), details and proposed site elevations to fully
indicate how the proposed swales along the east and west sides of the property (shown on Sheet
C4.1) will work with the proposed sidewalks and pool deck, and the proposed landscaping, to
direct drainage flow to the proposed pond.
q) Show location of proposed signage (if any. If none proposed, note such). If signage is proposed,
provide details (height, area, construction, color, etc.).
r) By Code, only a maximum of nine dwelling units can be developed on this site (density is
rounded down). Based on this maximum, Section 3-1402 only permits a maximum transfer of "20
percent of the permitted development potential of the site prior to the transfer," or only one
dwelling unit (not two as requested) (9 x 0.2 = 1.8). Revise TDR and request to reduce by one
dwelling unit. (DRC Note: Applicant wants 11 dwelling units and will challenge our
calculations at CDB.)
s) A portion of the dumpster enclosure is within the visibility triangle.
t) If barrel tile roofing is proposed over the dumpster enclosure, indicate such on the building
elevations.
Development Review Committee Action Agenda -Thursday, January 29, 2004 - Page 22
.
u) It appears &oth stairwells are open (non-enclosed). Era building/fire codes will permit
open stairw~t the setbacks proposed. (DRC Note: Applic~o check this out.)
v) Proposed gates to the underside, ground-level parking interferes with parking spaces, whether the
gates open out or in. Advise/revise.
w) Indicate on the site plan the location and type of any proposed fencing for the pool.
6. Solid Waste:
a) How will Solid Waste and Recycling be handled? Staging area in visibility triangle.
7. Land Resources:
a) No comments.
8. Fire:
a) Ensure the protection against freezing to exterior exposed piping as per 1999 Edition ofNFPA-
135-14.3.1.1 & 5-14.3.1.2. Acknowledgement of the intent to comply is required prior to CDB.
b) Every unoccupied attic space shall be subdivided by draft stops into areas not to exceed 3000 sq.
ft. as per chapter 8.2.7.1(2) of the Life Safety Code. Prior to building permit.
c) Fire department connection (FDC) needs to be located at least 15 feet away from the building
and within 40 feet of the fire hydrant (The hydrant need to be located on the same side of
construction). Acknowledgement of the intent to comply is required prior to CDB. Ensure that the
FDC is designed with metal breakable caps designed to break with a single blow of a hydrant
wrench. Compliance required prior to building permit.
d) Provide a double 2 1/2" inch standpipe equipped with 2 1/2" hose connection with caps for the
rear boat docks. Compliance required prior to building permit.
e) Where underground water mains and hydrants are required, they shall be installed, completed
and, in service prior to construction as per NFP A 241. Clearances of 71/2' ft in front of and to the
sides of the fire hydrant, with a 4' ft clearance to the rear of the hydrant are required.
Acknowledgement required prior to development order.
f) The design and installation of standpipe system shall be in accordance with NFPA 14, the
standard for the installation of standpipes. Compliance required prior to building permit.
g) Provide sprinkler coverage in elevator pit in accordance with NFP A 13. Compliance required
prior to building permit.
h) Ensure strict adherence to NFPA-13 1999 edition requirements for protection areas per sprinkler
to determine the area of coverage as per chapter 5-6.2; 5-6.2.1; 5-6.2.2; 5-6.3; 5-6.3.1; 5-6.3.2; 5-
6.3.2.1 for both ordinary hazard group l(garage area) and light hazard (residential area). Please
ensure proper water supply for fire protection prior to CDB.
i) Install a Knox Box key safe for emergency access as per NFP A-I 3-6. Required prior to building
permit.
j) Plans submittal must indicate compliance with the following codes: Florida Fire Prevention Code
2001 Edition, NFP A 14 2000 Edition, NFP A 72 1999 Edition, NFP A 13 1999 Edition, NFP A
101 2000 Edition, NFPA 70 (National Electric Code) 1999 Edition along with 4A-47 & 4A-48
and F.S. 633. Required prior to building permit.
9. Environmental:
a) Insufficient information on retention pond design to evaluate. Please provide cross-section for
pond and swale (6-inch depth), side slopes and seasonal high water table prior to CDB.
b) Side drainage swales must be a minimum of 6-inches deep.
c) Please provide at least one soil boring showing soil profile prior to building permit.
10. Community Response:
a) No comments.
11. Landscapinl!::
a) Per Section 3-1202.B.1. Code requires trees to be 10' in height and 2 1/2" cal. (25" cal. shown on
one tree) at planting, ornamental trees can be 8' in height and 2" cal., and palms must be 10' (min.)
clear and straight trunk at planting. Make changes in Legend and submit revised page for review.
b) Plan does not meet the requirements of perimeter plantings in Code Section 3-1202.D. There is
room for more plants on the perimeter with minor adjustments to the plan.
1. Realign the wood boardwalk on the west side to allow room for plants (additional Sea
grape plants) along property line with lower material in the sight triangle (Fakahatchee
grass or similar plant);
2. Eliminate the sod on the sides of the building and install a ground cover (jasmine,
beach sunflower, or similar planting);
Development Review Committee Action Agenda -Thursday, January 29,2004 - Page 23
. ..
3. PArree queen palms on the west side ofbuildin~cent to the staircase;
4. EWnate the sod near the NW comer of the buildi~d install additional "WF";
5. Install plants continuing to the seawall (Fakahatchee grass or similar plant) along
property line in the sight triangle;
6. Add a few "RI" to buffer outside parking area and add "PJ" to both areas within the
sight triangles on either side of driveway; and
7. Revise the plant schedule to reflect the changes and submit a transmittal letter stating
changes.
c) Clearly identify the point of access to maintain the rear of the property (retention pond sod). How
do the lawn and pool maintenance people access these areas?
d) Adjust spacing on the "SB" as these are shown at 10' spacing and will spread too much growing
into each other, 15' to 20' o.C. is recommended.
e) Show how the swales will function with the plants, trees, and the sidewalk / pool decking.
t) Describe the staging area... is this fenced? curbed? Explain in writing and note accordingly on
plans.
12. Harbormaster:
a) No comments.
NOTES:
In order to be placed on the March 16,2004, CDB agenda, submit 15 collated copies of the revised plans and application
material addressing all above departments' comments by Thursday, February 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.
Proposed Conditions for Staff Report to CDB:
1. That the final design and color of the building be consistent with the conceptual elevations submitted to, or as
modified by, the CDB.
2. That boats moored at the docks, lift and/or slips be for the exclusive use by the residents and/or guests of the
condominiums and not be permitted to be sub-leased separately from the condominiums.
3. That all applicable requirements of Chapter 39 of the Building Code be met related to seawall setbacks.
4. That a condominium plat be recorded prior to the issuance of the first Certificate of Occupancy.
5. That all proposed utilities (from the right-of-way to the proposed buildings) be placed underground and installation
of conduit( s) along the entire length of the site's street frontage be completed prior to the issuance of the first
certificate of occupancy.
6. That a special warranty deed, specifying the number of dwelling units being conveyed or sold from 620 Bayway
Boulevard and being transferred to this site, be recorded prior to the issuance of any permits for this project. The
special warranty deed also must contain a covenant restricting in perpetuity the use of 620 Bayway Boulevard due to
the transfer of development rights.
7. That all Fire Department requirements be met prior to the issuance of any permits.
8. That a Unity of Title be recorded in the public records prior to the issuance of any permits.
Development Review Committee Action Agenda -Thursday, January 29,2004 - Page 24
')
--- p.m.
Case: FLD2003-1206.R2003-12005 - 190 Brightwater Drive .
Owner/Applicant: Twin Palms of Clearwater, LLC.
Representative: Housh Ghovaee, Northside Engineering Services, Inc. (601 Cleveland Street, Suite 930,
Clearwater, FL 33755; phone: 727-443-2869; fax: 727-446-8036; email: nestech@mindspring.com).
Location: 0.31 acres located on the north side of Brightwater Drive, approximately 1400 feet east of
Harnden Drive.
Atlas Page: 276A.
Zoning: T, Tourist District.
Request: Flexible Development to permit attached dwellings with reductions to the front (south) setback
from 15 feet to zero feet (to pavement) and from 15 feet to four feet (to dumpster staging area), reductions
to the side (east) setback from 10 feet to nine feet (to building) and from 10 feet to three feet (to pool deck),
reductions to the side (west) setback from 10 feet to four feet (to building), from 10 feet to seven feet (to
pavement) and from 10 feet to zero feet (to sidewalk), a reduction to the rear (north) setback from 20 feet to
zero feet (to pool deck and boardwalk) and with increases to building height from 35 feet to 50 feet (to roof
deck) with an additional six feet (from roof deck for perimeter parapets) and to permit parking that is
designed to back into the public right-of-way, as part of a Comprehensive Infill Redevelopment Project,
under the provisions of Section 2-803.C (retaining six existing boat slips and one existing dock for sole use
by the property owners) and the Transfer of Development Rights for two dwelling units from 620 Bayway
Boulevard, under the provisions of Section 4-1403.
Proposed Use: Eleven attached dwellings (condo).
Neighborhood Association: Clearwater Beach Association (David MacNamee, 827 Mandalay Ave.,
Clearwater, FL 33767; phone: 727-446-5801; email: dmacnav@att.net).
Presenter: Wayne M. Wells, AICP, Senior Planner.
Attendees included:
City Staff: Frank Gerlock, Wayne Wells, Scott Rice and Duanne Anderson.
Applicant/Representa tive:
The DRC reviewed this application with the following comments:
1. Parks and Recreation:
a) Open Space and Recreation Impact Fees will need to be addressed for this project. Verification
is needed of the existing number of hotel/motel guestrooms to be able to determine the credit. 4
motel guestrooms = 1 residential unit. Fees are due prior to issuance of building permits or fmal
plat (if applicable) whichever occurs first. Please contact Deb Richter at 727-562-4817.
2. Stormwater:
a) Prior to issuance of a building permit show that all new impervious areas on the site will direct
runoff into the water quality detention area.
3. Traffic Enl!ineerinl!:
a) Remove two (2) back out parking spaces along Brightwater Drive.
b) Gate should swing inward or roll sideways.
c) Remove site obstruction for all parking spaces i.e. walls.
d) What is the staging area for? Please label its intended use.
e) Objects in staging area and vehicle parked in parking space will be obstructing sight visibility
triangle.
f) All of the above to be addressed prior to CDB.
g) Please indicate how many units the demolished building had in order to give proper TIF credit.
4. General Enl!ineerinl!:
a)
5. Planninl!:
a) Revise request to include all reductions, increases and deviations listed by staff, including
responses to all criteria to address same.
b) Provide project name.
c) Staff will not support parking designed to back into the right-of-way. These two proposed
parking spaces also interfere with required sidewalk within the right-of-way.
Development Review Committee DRAFT Action Agenda -Thursday, January 29, 2004 - Page 12
tV
~
J
^1
d) Areas sho~der the building as if they are landscape_as (same shading/depiction as
landscaped" not under the building). These areas will be~ed, but probably striped islands.
Revise all appropriate drawings.
e) The site plan indicates a sidewalk leading from the east side of the building to the pool deck.
The east side building elevation does not show any door or other opening to provide for such
access. Revise the site plan and/or east side building elevation.
f) Site plan indicates a sidewalk leading from the west side of the building to the boardwalk along
the seawall. The west side building elevation does not provide a door or other opening to
provide for such access. Revise the site plan and/or the west side building elevation.
g) Provide dimensions of the building on the site plan.
h) Show location of nearest fire hydrant on site plan.
i) Dimension setback/distance from front property line to dumpster staging area.
j) Survey/site plan indicates an existing six feet high block wall along east property line. Is this
wall being retained intact, being modified to remove portions or being removed entirely?
k) Cross hatch areas being considered interior greenspace on the site plan and provide square
footage of interior greenspace in site data with the percentage of the vehicular use area (only
paved vehicular use areas outside of the building).
1) Provide the number of existing dwelling units or overnight accommodation units in the Site Data
Table on Sheet CU.
m) Provide on the building elevations the BFE and the height of the building from the BFE to the
roof deck (assumed to be a flat roof) and the height of the parapet from roof deck. If flat roof,
revise Site Data Table on Sheet CU.
n) Show/indicate location of a/c units (if on the roof, indicate such).
0) Provide cross sections through the proposed drainage pond (north/south and east/west).
p) Provide cross sections (as many as necessary), details and proposed site elevations to fully
indicate how the proposed swales along the east and west sides of the property (shown on Sheet
C4.1) will work with the proposed sidewalks and pool deck, and the proposed landscaping, to
direct drainage flow to the proposed pond.
q) Show location of proposed signage (if any. If none proposed, note such). Ifsignage is proposed,
provide details (height, area, construction, color, etc.).
r) By Code, only a maximum of nine dwelling units can be developed on this site (density is
rounded down). Based on this maximum, Section 3-1402 only permits a maximum transfer of "20
percent of the permitted development potential of the site prior to the transfer," or only one
dwelling unit (not two as requested) (9 x 0.2 = 1.8). Revise TDR and request to reduce by one
dwelling unit.
s) A portion of the dumpster enclosure is within the visibility triangle.
t) If barrel tile roofing is proposed over the dumpster enclosure, indicate such on the building
elevations.
u) It appears that both stairwells are open (non-enclosed). Ensure building/fire codes will permit
open stairwells at the setbacks proposed.
v) Proposed gates to the underside, ground-level parking interferes with parking spaces, whether the
gates open out or in. Advise/revise.
w) Indicate on the site plan the location and type of any proposed fencing for the pool.
x) Condition to be placed on Development Order: That the final design and color of the building be
consistent with the conceptual elevations submitted to, or as modified by, the CDB.
y) Condition to be placed on Development Order: That boats moored at the docks, lift and/or slips
be for the exclusive use by the residents and/or guests of the condominiums and not be permitted
to be sub-leased separately from the condominiums.
z) Condition to be placed on the Development Order: That all applicable requirements of Chapter
39 of the Building Code be met related to seawall setbacks.
aa) Condition to be placed on the Development Order: That a condominium plat be recorded prior
to the issuance of the first Certificate of Occupancy.
bb) Condition to be placed on the Development Order: That all proposed utilities (from the right-of-
way to the proposed buildings) be placed underground and installation of conduit(s) along the
entire length of the site's street frontage be completed prior to the issuance of the first certificate
of occupancy.
Development Review Committee DRAFT Action Agenda -Thursday, January 29,2004 - Page 13
,
, ..
cc) Condition .placed on the Development Order: That a ~l warranty deed, specifying the
number of 'Zling units being conveyed or sold from ~Bayway Boulevard and being
transferred to this site, be recorded prior to the issuance of any permits for this project. The
special warranty deed also must contain a covenant restricting in perpetuity the use of 620
Bayway Boulevard due to the transfer of development rights.
dd) Condition to be placed on the Development Order: That all Fire Department requirements be
met prior to the issuance of any permits.
6. Solid Waste:
a)
7. Land Resources:
a) No comments.
8. Fire:
a)
9. Environmental:
a)
10. Community Response:
a)
11. LandscapiDl!:
a)
NOTES:
In order to be placed on the March 16, 2004, CDB agenda, submit 15 collated copies of the revised plans and application
material addressing all above departments' comments by Thursday, February 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.
Development Review Committee DRAFT Action Agenda -Thursday, January 29,2004 - Page 14
.
e
Nicodemus,Sherrie
From:
Sent:
To:
Cc:
Subject:
Nicodemus, Sherrie
Wednesday, January 14, 20043:16 PM
Kambourolias, Sam
Herman, Jason; Wells, Wayne
FLD2003-12069: 190 Brightwater Drive Map Request
Attached map request for 190 Brightwater Dr:
~
190 Brightwater Dr
- map reque...
The survey attached to the hard copy request is the original, please return to Wayne Wells, Planning.
Thanks.
Sherrie Nicodemus
Planning / x4582
1
. .
Community Response Team
Planning Oept. Cases - ORC
Case No.'?~ O,;?(){i "? - /dQ t'..-9 Meeting Date:c JJ). ,,72 ~ Y
Location: /90 Z:;?/r'/A >::rX/ L fro
o Current Use: ~ /J ~l/rz5 (;v J
o Active Code Enforcement Case (no) yes:
o Address number ~ (no) (vacant land)
o Landscaping ~(no)
o Overgrown (yes) ~
o Debris (yes) ~
o Inoperative vehicle(s) (yes) @
o Building(s) ~fair) (poor) (vacant land)
o Fencing (none)~ (dilapidated) (broken and/or missing pieces)
o Paint (good) @ (poor) (garish)
o Grass Parking (yes) @
o Residential Parking Violations (yes) ~
o Signage (none) ~ (not ok) (billboard)
o Parking (n/a)~~handiCapped) (needs repaving)
o Dumpster (enclosed) ~nclo~
o Outdoor storage (yes)@
Comments/Status Report (attach any pertinent documents):
/ :;?g- /""?OCJ c/
Date: Reviewed
Revised 03-29-01; 02-04-03
Telephone: J ("..,;; - t/E()
Pil}ellas County Property APp,er Information: 08 29 15 04932 000 01
Page 2 of5
08 / 29 / 15 / 04932 / 000 / 0340
30-Har-Z004 JiM SMith, CFA Pinellas County Property Appraiser 17:ZI:03
Ownership InforMation Non-Residential P rope rty Add ress. Use. and Sales
TWIN PALHS CLEARWATER LLC OBK: 13Z88 OPG: ZI73
ZOO BRIGHTWATER DR # Z
CLEARWATER FL 33767
COMparable sales value as Prop Addr: 190 BRIGHTWAT ER DR
of Jan 1, 2003, based on Census Trac t : Z60.0Z
sales froM 2001 - 2002:
0 Sale Date OR Book/Page Price (Qual/UnQ) Vac/IMp
Plat InforMation IZ/Z.003 13.Z88/Z.173 Z.OOO.OOO (Q) I
1951: Book OZ7 Pgs 03Z-033 6 / L 993 8.Z94/1.476 575.000 (U) I
0000: Book Pgs - 3 / I. 989 6.946/1. 364 4Z5.000 (U) I
0000: Book Pgs - 0 /1.971 3.6Z3/ 458 73.000 (Q) I
2003 Value EXEMP T IONS
Just/Market: 751.800 HOMestead: 0 Ownership % .000
Historic : 0 Use %: .000
Assessed/Cap: 751. 800 Tax ExeMpt %: .000
Other ExeMp t : 0
Taxable: 751.800 Agricultural: 0
2003 Tax InforMation Updates for 2004 Land InforMation in progress.
2004 Changes not reflected in 2003 Values.
District: CW Seawall: Frontage: Bay
Clearwater View:
03 Mi llage : Z3.0851 Land Size Unit Land Land Land
Front x Oepth Price Units Meth
03 Taxes: 17.355.38
1) 113 x 120 90.00 13.608.00 S
Special Tax .00 2) 0 x 0 .00 .00
3) 0 x 0 .00 .00
Without the Save-Our-HoMes 4) 0 x 0 .00 .00
cap, 2003 taxes will be : 5) 0 x 0 .00 .00
17.355.38 6) 0 x 0 .00 .00
without any exeMptions,
2003 taxes will be :
17.355.38
Short Legal BAYSIDE SUB NO. Z LOTS 34 AND 35
Description
Building Information
http://pao.co.pinellas.fl. us/htbin/cgi -scr3 ?o= 1 &a= 1 &b= 1 &c= 1 &r= . 16&s=4&t3= 1 &u=O&p... 3/3012004
Pi~ellas County Property APp,er Information: 0829 150493200001
Page 3 of5
Updates for 2004 in progress. 2004 changes not reflected in 2003 values.
08 / 29 / 15 / 04932 / 000 / 0340 :01
30-Har-2004 JiM SMith, CFA Pinellas County Property Appraiser 17:21:03
COMMercial Card 01 of 1 IMproveMent Type: Hotel/Hotel < 4 St
Property Address: 190 BRIOHTWATER DR Prop Use: 313 Land Use: 39
Structural Elements
Foundation
Floor SysteM
Exterior Wall
Height Factor
Party Wall
Structural FraMe
Roo f FraMe
Roof Cover
Cabinet & Mill
Floor Finish
Interior Finish
Total Units
Spread/Hono Footing
Slab on 0 rade
Conc Block/Stucco
o
None
Hasonry Pillar&Steel
Flat
Built Up/Composition
Ayerage
Carpet Combination
P laste r Fu rred
o
Heating & Air Heating&Cooling Pckg
Fixtures 24
Bath Tile
Electric
Shape Factor
Quality
Year Built
Effective Age
Other Depreciation
Function Depreciation
EconOMic Depreciation
Floor and
Ayerage
U Design
Ayerage
Wall
1. 953
25
o
o
o
Sub Areas
Description Factor Area Description Factor Area
1) Base A rea 1. 00 6.536 ?) .00 0
2) Open Po rch .30 824 8) .00 0
3) .00 0 9) .00 0
4) .00 0 10) .00 0
5) .00 0 11) .00 0
6) .00 0 12) .00 0
Commercial Extra Features
Description DiMensions Price Units Value RCD Year
1) PATIO/DECK 1800SF 3.00 1. 800 0 2.160 1.975
2) POOL IRREO 25.000.00 1 0 10.000 1.975
3) DOCK 298SF 20.00 298 0 5.480 2.000
4) FIREP LAC E 2.500.00 1 0 1.000 1. 953
5) SHUFBDCT 1.000.00 1 0 1.000 999
6) BT L FT /DAU 6.500.00 1 0 5.980 2.000
TOTAL RECORD VALUE: 25.620
Map With Property Address (non-vacant)
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Parcel Information
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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, June 15,
2004, beginning at 2:00 p.m., in the City Council Chambers, in City Hall, 3rd floor, 112 South Osceola Avenue, Clearwater,
Florida, to consider the following requests:
NOTE: All persons wishint! to address an item need to be present at the BEGINNING of the meetint!. Those cases
that are not contested bv the applicant. staff. neit!hborint! property owners. etc. will be placed on a consent at!enda
and approved bv a sint!le vote at the bet!innint! of the meetint!.
1. Patrick J. Shaut!hnessv & Shervl M. Havnes are requesting a Flexible Development approval to permit a proposed
medical clinic to occupy 7,971 sq ft within an existing building in association with an existing 32 bed Congregate Care
facility for mixed use as a Comprehensive Infill Redevelopment Project under the provisions of Section 2.704.C. (Proposed
Use: Mixed use [assisted living facility and medical clinic]) at 926 South Mvrtle Ave., Magnolia Park, Blk 31, Lots 2-9
inclusive less road. FLD2004-02008
2. Corbett Development. Inc. are requesting a Flexible Development approval to reduce: the minimum lot size from
20,000 sq ft to 14,850 sq ft, the front (west) setback along South Ft. Harrison Ave. from 20 ft to 15 ft to pavement, the front
(south) setback along B Street from 20 ft to 13 ft (to building) and zero ft (to pavement), the side (north) setback from 15 ft
to 5 ft (to pavement), the side (east) setback from 15 ft to zero ft (to pavement), for an office, under the provisions of
Section 2-1304.C as a Comprehensive Infill Redevelopment Project. (Proposed Use: A 2,048 sq ft office) at 1315 S. Ft.
Harrison Ave., Belleair, Elk 13, Lots 9-11 & W Yz vacated alley. FLD2004-02006
3. Society of St. Vincent DePaul of Upper Pinellas County (Clearwater Homeless Intervention Project, Inc.) are
requesting a Flexible Development approval to permit a 378 sq ft expansion of a residential shelter for the purpose of
increasing the number of beds from 48 to 62, as a Comprehensive Infill Redevelopment Project in the Commercial [C]
District, under the provisions of Section 2-704.C (existing parking lot on Pierce St. is zoned MHDR District and is not
proposed to be modified). (Proposed Use: Expansion of an existing residential shelter) at 1339. 1341 & 1345 Park St. and
1344 Pierce St., Brookwood Terrace Rev., Blk 6, Pt Lots 1-2 & Lots 9-13 & N Yz vacated St.; Overbrook, Blk 6, Lots 7-10;
and Tagarelli Sub., Elk 2, E50' of Lot 2, Lot 4, Lot 3 & W14' of Lot 2. FLD2004-03019
4. Twin Palms of Clearwater. LLC are requesting a Flexible Development to permit attached dwellings with reductions to
the front (south) setback from 15 ft to 14.5 ft (to building) and from 15 ft to 4.2 ft (to pavement), reductions to the side
(east) from 10 ft to 7.5 ft (to pavement) and from 10 ft to 3 ft (to pool deck and sidewalk), reductions to the side (west)
setback from 10ft to 8.3 ft (to building) and from 10ft to 3 ft (to sidewalk), a reduction to the rear (north) from 20 ft to zero
ft (to pool deck and boardwalk) and to increase the building height from 35 ft to 45.08 ft (to roof deck) with an additional
4.17 ft (from roof deck for perimeter parapets) and an additional14.25 ft (from roof deck for a rooftop pavilion), as part of
a Comprehensive Infill Redevelopment Project, under the provisions of Section 2-803.C (retaining six existing boat slips
and one existing dock for sole use by the property owners) and the Transfer of Development Rights for one dwelling unit
from 620 Bayway Blvd., under the provisions of Section 4-1403. (Proposed Use: Attached dwellings [10 condominium
units]) at 190 Brit!htwater Dr., Bayside Sub. No.2, Lots 34 & 35. FLD2003-12069
5. Hust!en Properties. Inc. (Aqua Sun Development, LLC) are requesting a Flexible Development approval for (1)
attached dwelling (13 condominium units) with reductions to the front setback (north along Somerset St.) from 25 ft to 10 ft
(to building and pavement) and from 25 ft to zero ft (to trash staging area), reductions to the front setback (south along
Cambria St.) from 25 ft to 21 ft (to building) and from 25 ft to 19 ft (to balconies), reductions to the front setback (west
along Beach Dr. - unimproved) from 25 ft to 19 ft (to building), from 25 ft to 17 ft (to balconies) and from 25 ft to zero ft
(to pool deck), a reduction to the side setback (west) from 10 ft to 8 ft (to balconies), and increase to the building height
from 30 ft to 61.66 ft (to roof deck) with an additional 4 ft (from roof deck) for perimeter parapets and an additional 8 ft
(from roof deck) for decorative roof-top trellises, an increase to the height of a decorative fence within the front setback
along Somerset St (north) and Beach Dr. (west - unimproved) from 3 ft to 6 ft and to permit a building within the required
sight visibility triangles, as a Residentiallnfill Project, under the provisions of Section 2-404.F, (2) to permit a reduction to
the landscape buffer along Somerset St. (north) from lOft to zero ft (to dumpster staging area) and along Beach Dr. (west-
unimproved) from 10ft to zero ft (to pool deck) as a Comprehensive Landscape Program, under the provisions of Section 3-
1202.G, and (3) the Transfer of Development Rights for two dwelling units from 674 Bayway Blvd. Under the provisions of
Section 4-1403 (Proposed Use: Attached dwelling [13 condominium units]) at 15-17 Somerset St & 16 Cambria St.,
Clearwater Beach Revised, Blk 2, Lot 14 & Lots 3-5 & & Rip rights. FLD2004-01002
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6. DiDomizio Investments. Inc. (Roger's Beach Development) are requesting a Flexible Development approval to permit
an overnight accommodations use of 33 total units with a reduction to lot width from 150 ft to 102 ft (along Royal Way),
reductions to the front (east) setback from 15 ft to 7 ft (to pavement) and from 15 ft to 4 ft (to dumpster staging area) and to
increase the building height from 35 ft to 74.67 ft (to roof deck) with an additional 3.5 ft for perimeter parapets (from roof
deck), under the provisions of Section 2-803.1, and the Transfer of Development Rights for 5 units from 200 Brightwater
Dr., under the provisions of Section 4-1403. (Proposed Use: Overnight accommodations [33 total units]) at 638-650
Poinsettia Ave., Mandalay Unit No.5, Elk 84A, Lots 16-20. FLD2004-01004
7. E. Jolvn. Inc. / Crail:! J. Murtha / Robert Resnik (GWI Investments, Inc.) are requesting a Flexible Development
approval to permit 45 attached dwellings with a front setback 10 ft to building, and side setbacks as follows: 5.92 ft to
building, 3 ft to paver driver aisle on the north side of the commercial property, 7.5 ft to building, 4 ft to the paver driver
aisle on the south side of the property, 5.25 ft to building, and 3 ft to the north side of the office property, and rear setback
of 5.5 ft to building, and a building height of 36.98 ft as part of a Comprehensive Infill Redevelopment Project, under the
provisions of Sections 2-704.C and 2-1 004.B and Preliminary Plat approval for 45 lots, and as a Comprehensive Landscape
Program under the provisions of Section 3-1202.G. (Proposed Use: Attached dwellings [45 units]) at 504 Jasmine Way,
Magnolia Park, Elk 28, Lots 4-8; Magnolia Park, Blk 33, Lots 1-2 & 9-11; and Sec 16-29-15, M&B 44.01. FLD2004-
03017
8. ACS Resorts. Inc. (Bob Lyons - Dalton Clearwater, LLC) are requesting a Flexible Development approval to construct a
19-s1ip multi-use dock, under the provisions of Section 3-601. (Proposed Use: a 19-slip multi-use dock as part of an
attached dwelling development) at 514 S. Gulfview Blvd., Bayside Sub No 5, Blk A, Lots 1-5. FLD2003-11057
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 to request and obtain party status by the Board during the case
discussion, 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: 05/30/04
.
FL INT IMP FUND TRE
CIO FLAMINGO BAY RESORT
184 BRIGHTW ATER DR
CLEARWATER FL 33767 - 2410
CLEARWATER TOWNHOMES
INC
5301 CONROY RD STE 140
ORLANDO FL 32811 -
LENART, DIANE TRE
8542 1/2 LAWRENCE
CHICAGO IL 60706 - 2956
LANGIEWICZ, JANUSZ
LANGIEWICZ, JANINA
31 STONERIDGE DR S
BARRINGTON IL 60010-
MILLER, LAURENCE J
MILLER, BARBARA S
10 E LOCH LLOYD PKWY
BELTON MO 64012 -
BRIGHTW A TER TOWNHOMES
163 BA YSIDE DR
CLEARWATER FL 33767-
KOEGLER, WALTER A
135 BRIGHTWATER DR
CLEARWATER FL 33767 - 2402
CIUS, MIECZYSLA W W
CIUS, MARIA
162 BRIGHTWATER DR
CLEARWATER FL 33767 - 2401
CAGLE, JOHN D
CAGLE, JEANNINE D
174 BA YSIDE DR
CLEARWATER FL 33767-
GULATI, DUSHY ANT K
186 BA YSIDE DR
CLEARWATER FL 33767 - 2501
~ASKIN, H H EST
OWENS, W D
703 COURT ST
CLEARWATER FL 33756 - 5507
G T LEISURE CORP
181 BRIGHTWATER DR
CLEARWATER FL 33767 - 2402
LANGIEWICZ, JANUSZ
LANGIEWICZ, JANINA
31 STONERIDGE DR
BARRINGTON IL 60010 - 9593
MILLER, LARRY J
MILLER, BARBARA S
214 BRIGHTW ATER DR # 4
CLEARWATER FL 33767-
BRINSON, VENIE W
2245 N MCMULLEN BOOTH RD
CLEARWATER FL 33759-
LE CLERC, ROBERT W
LE CLERC, LORETTA M
2247 OVERBROOK AVE N
LARGO FL 33770 - 2077
SUNNWAVES INC
170 BRIGHTW A TER DR
CLEARWATERFL 33767 - 2401
CIEZCZAK, CHESTER
CIEZCZAK, MARIA
158 BRIGHTWATERDR
CLEARWATER FL 33767 - 2401
MILLER, GERALD R
178 BA YSIDE DR
CLEARWATER FL 33767-
DONOVAN, T PATRICK
DONOVAN, CAROLYN
200 BA YSIDE DR
CLEARWATERFL 33767-
..-*,'
-CLEARWATER TOWNHOMES
INC
5301 CONROY RD STE 140
ORLANDO FL 32811 -
REAGAN, MARGO H TRE
307 ORANGEWOOD LN
LARGO FL 33770 - 4077
LANGIEWICZ, JANUSZ
LANGIEWICZ, JANINA
31 STONERIDGE DR
SOUTH BARRINGTON IL 60010-
MILLER, LAURENCE J
MILLER, BARBARA S
214 BRIGHTWATERDR#4
CLEARWATER FL 33767 -
BRIGHTW A TER TOWNHOMES
163 BA YSIDE DR
CLEARWATER FL 33767-
FLAMINGO BAY RESORT INC
184 BRIGHTW A TER DR # 2
CLEARWATER FL 33767 - 2410
MARSZALEK, ROMAN
CIUS, MIECZYSLA W
166 BRIGHTW A TER DR
CLEARWATER FL 33767 - 2401
WOODSON, THOMAS
WOODSON, JANICE
170 BA YSIDE DR
CLEARWATER FL 33767 - 2501
KIRKPATRICK, ROBERT M
KIRKPATRICK, CHRISTINE L
182 BA YSIDE DR
CLEARWATER FL 33767 - 2501
O'BRIEN, LAWRENCE E
O'BRIEN, PATRICIA
95 DIXWELL AVE
QUINCY MA 02169-
.
HLEP AS, PETER
HLEPAS, TOULA
4859 N AUSTIN AVE
CHICAGO IL 60630 - 1962
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
Twin Palms of Clearwater, LLC
200 Brightwater Dr., Unit 2
Clearwater, FL 33767
~ANAKAS, TED
212 BAYSIDE DR
CLEARWATER FL 33767 - 2503
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
Housh Ghovaee
Northside Engineering
601 Cleveland St. - Suite 930
Clearwater, FL 33755
-BRIGHTW A TER ON THE BAY
INC
175 BRIGHTWATERDR
CLEARWATER FL 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
Clearwater Beach Association
David MacNamee
827 Mandalay Ave.
Clearwater, FL 33767
II
CITY OF CLEARWATER
PIANNING 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
LONG RANGE PlANNING
DEVELOPMENT REVIEW
June 16,2004
Mr. Housh Ghovaee
Northside Engineering Services, Inc.
601 Cleveland Street, #930
Clearwater, FL 33755
RE: Development Order - FLD2003-12069/TDR2003-12005, 190 Brightwater Drive
Dear Mr. Ghovaee:
This letter constitutes a Development Order pursuant to Section 4-206.D.6 of the Community
Development Code. On June 15, 2004, the Community Development Board reviewed your
Flexible Development application to permit ten attached dwellings with reductions to the front
(south) setback from 15 feet to 14.5 feet (to building) and from 15 feet to 4.2 feet (to pavement),
reductions to the side (east) setback from 10 feet to 7.5 feet (to pavement) and from 10 feet to
three feet (to pool deck and sidewalk), reductions to the side (west) setback from 10 feet to 8.3
feet (to building) and from 10 feet to three feet (to sidewalk), a reduction to the rear (north)
setback from 20 feet to zero feet (to pool deck andboardwalk) and to increase the building height
from 35 feet to 45.08 feet (to roof deck) with an additional 4.17 feet (from roof deck for
perimeter parapets) and an additional 14.25 feet (from roof deck for a roof top pavillion), as part
of a Comprehensive Infill Redevelopment Project, under the provisions of Section 2-803.C
(retaining six existing boat slips and one existing dock for sole use by the property owners) and
the Transfer of Development Rights for one dwelling unit from 620 Bayway Boulevard, under
the provisions of Section 4-1403, at 190 Brightwater Drive. 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 as a Comprehensive Infill
Redevelopment Project per Section 2-803.C;
2. The proposal is in compliance with other standards in the Code including the General
Applicability Criteria per Section 3-913; and
3. The development is compatible with the surrounding area and will enhance other
redevelopment efforts.
Conditions of Approval:
1. That the final design and color of the building be consistent with the conceptual
elevations submitted to, or as modified by, the CDB;
BRIAN J. AUNGST, MAYOR-COMMISSIONER
HoYT HAJ\1II.TON, VICE MAYOR-COMMISSIONER WHITNEY GRAY, COMMISSIONER
FRANK HIBBARD, COMMISSIONER * BII.I.JONSON, COMMISSIONER
"EQUAL EMPLOYMENT AND AFFIRMATIVE ACTION EMPLOYER"
June 16,2004
Ghovaee - Page Two
2. That, prior to the issuance of any permits, the site plan be revised to either eliminate the
western open parking space or redesign the accessible path to be in front of the parking
space;
3. That the pool deck be lowered to a maximum of 12 inches above the top of the seawall
and sidewalk access modified to provide adequate ramping for pedestrian access prior to
the issuance of any permits;
4. That a special warranty deed, specifying the number of dwelling units being conveyed or
sold from 620 Bayway Boulevard and being transferred to this site, be recorded prior to
the issuance of any permits for this project. The special warranty deed shall also contain
a covenant restricting in perpetuity the use of all platted lots at 620 Bayway Boulevard
due to the transfer of development rights. Any mortgage holder ofthe sending site (620
Bayway Boulevard) shall consent to the transfer of development rights prior to the
issuance of any permits;
5. That a Unity of Title be recorded in the public records prior to the issuance of any
permits;
6. That boats moored at the docks, lift and/or slips be for the exclusive use by the residents
and/or guests of the condominiums and not be permitted to be sub-leased separately from
the condominiums;
7. That any future freestanding sign be a monument-style sign a maximum four feet in
height and designed to match the exterior materials and color of the building;
8. That all applicable requirements of Chapter 39 of the Building Code be met related to
seawall setbacks;
9. That a condominium plat be recorded prior to the issuance of the first Certificate of
Occupancy;
10. That all proposed utilities (from the right-of-way to the proposed building) be placed
underground. Conduits for the future undergrounding of existing utilities within the
abutting right-of-way shall be installed along the entire site's street frontages prior to the
issuance of a Certificate of Occupancy. The applicant's representative shall coordinate
the size and number of conduits with all affected utility providers (electric, phone, cable,
etc.), with the exact location, size and number of conduits to be approved by the
applicant's engineer and the City's Engineering Department prior to the commencement of
work;
11. That all Fire Department requirements be met prior to the issuance of any permits; and
12. That all Parks and Recreation fees be paid prior to the issuance of any permits.
Pursuant to Section 4-407, an application for a building permit shall be made within one year of
Flexible Development approval (June 15, 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.
June 16,2004
Ghovaee - Page Three
The issuance of this Development Order does not relieve you of the necessity to obtain any
building permits or pay any impact fees that may be required. In order to facilitate the issuance
of any permit or license affected by this approval, please bring a copy of this letter with you when
applying for any permits or licenses that require this prior development approval.
Additionally, an appeal of a Level Two approval (Flexible Development) may be initiated
pursuant to Section 4-502.B by the applicant or by any person granted party status within 14 days
of the date of this Development Order. The filing of an application/notice of appeal shall stay the
effect of the decision pending the final determination of the case. The appeal period for your
case expires on June 29,2004 (14 days from the date of this Development Order).
If you have any questions, please do not hesitate to call Wayne M. Wells, Planner III, at 727-562-
4504. You can access zoning information for parcels within the City through our website:
www.clearwater-fl.com. *Make Us Your Favorite!
Cynthia H. Tarapani, AICP
Planning Director
S:IPlanning DepartmentlC D B\FLEX\Inactive or Finished ApplicationslBrightwater 190 Delfino Bay (1) - ApprovedlBrightwater 190
Development Order. doc