FLS2003-12071
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CASE #: _FL.S 2..003 -12.0 II
O R I G 'NA L DATE RECEIVED: 1'h-3o- 03
. RECEIVED BY (staff initials): e.~ f>
ATLAS PAGE #: Ze,8A
ZONING DISTRICT: (~OD
LAND USE CLASSIFJGATION:-rz..u,,,
'\....7 SUBMIT ORIGINAL SIGNED AND NOTARIZED APPLICATION SURROUNDINGUSES OF ADdAcENT
Y\. PROPERTIES:' ',... ~.
'v SUBMIT 14 COPIES OF THE ORIGINAL APPLICATION including d- NORTH:
~ 1) collated, 2) stapled and 3) folded sets of site plans <J>SD .(11:) SOUTH: DEe 26 2003
WEST:
X SUBMITAPPLlCATIONFEE$ 199.99 (2.1I~<.t.,. f1A~',c..,"C) EAST:
* NOTE: 15 TOTAL SETS OF INFORMATION REQUIRED (APPLICATIONS PLUS SITE PLAN SETS) .
o
Planning Department
1 00 South Myrtle Avenue
Clearwater, Florida 33756
Telephone: 727-562-4567
Fax: 727-562-4865
. I
FLEXIBLE STANDARD DEVELOPMENT APPLICATION
(Revised 11/18/03)
-PLEASE TYPE OR PRINT-
APPLICANT NAME:
A. APPLICANT, PROPERTY OWNER AND AGENT INFORMATION: (Code Section 4-202.A)
j) A I-> / 0 K jr" / /i' /? (J
/l(/ all'')/) ~/:)./?,/)
MAILING ADDRESS:
/5'/4/7;)
t.?t. f''',(),pt<-t1TI'~/ ~/_ .7 7// ~ /)
PHONE NUMBER:
7..:1/} (/V I X rf',;? /)
FAX NUMBER:
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PROPERTY OWNER(S):
]),;4 Lu I) /(
f- J./-J/l/? //)/1
/.:J. A/ //f gt(
(Must include ALL owners as listed on the deed - provide original signature(s) on page 6)
AGENT NAME:
MAILING ADDRESS:
PHONE NUMBER:
FAX NUMBER:
CELL NUMBER:
E-MAIL ADDRESS:
D /( It :1lJt5tJ f) 17 (JT2 ~ RtJ .il.fJ r-
B. PROPOSED DEVELOPMENT INFORMATION: (Code Section 4-202.A)
STREET ADDRESS of subject site: /} (I Lv ) 17 IJ (<../1-> i? /..) / j '/ /1 /J (J
LEGAL DESCRIPTION:
/j'/ ()iJ~ 71'7/-1 rPI Or:- C"U-IUkiJTPi( /..;n 1'1' (/ LOIJ
(if not listed here, please note the location of this document in the submittal) 0<) ;t C; IF (/ J 7 t. ~ 600 dO J""O
PARCEL NUMBER:
PARCEL SIZE: Q(P6r5
(acres,~
PROPOSED USE(S) AND SIZE(S): .. "5 f 10 (; LE PAM' v'f \...Jni'^ c..
(number of dwelling units, hotel rooms or square footage of nonresidential use)
I
DESCRIPTION OF REQUEST(S): IS' J>>or P!/fU.//f/o..... - G~TGtJO Dx...K A'" ,PDO\I()~'- IS
Attach sheets and be specific when identifying the request (include all requested code deviations; e.g. reduction in required number of parking spaces, specific use, etc.)
Page 1 of 6 - Flexible Standard Development Application- City of Clearwater
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DOES THIS APPLICATION INVOLVE THE TRANSFER OF DEVELOPMENT RIGHTS (TDR), A PREVIOUSLY APPROVED PLANNED UNIT
DEVELOPMENT, OR A PREVIOUSLY APPROVED (CERTiFIED) SITE PLAN? YES __~ NO _ (if yes, attach a copy of the applicable
documents) -
C. PROOF OF OWNERSHIP: (Code Section 4-202.A.5)
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: (Code Section 3-913.A)
X Provide complete responses to the six (6) GENERAL APPLICABILITY CRITERIA - Explain how each criteria is achieved, in detail:
1. The proposed development of the land will be in harmony with the scale, bulk, coverage, density and character of adjacent properties in which it
is located." "r-, -11 II (" / /' ( /.> I? /1 I t'"' /7\ A( v
, r- J .,../ u- L /J (' N J L/"':L Pl'1,f?17/0/7 rev? /J /"1.4 y JJ>1...~- OJ /1.. J()
.
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/'7 t. P-?~ i-H .
2. The proposed development will not hinder or discourage the appropriate development and use ofpej~u"" II Ia.~ ...,...d I..lilrlinas or significantly
impair the value thereof.
/7(5 , .4 /' P(..1'";1'/ j? /h1 P"''''7'/ /1,0 /' ;:J pet"' r /11 f I'/'J f)''I.
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3. The proposed development will not adversely affect the health or safety or persons residing or working in the neiohbnrh()()d,..of the proposed
use. ..
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4. The proposed development is designed to minimize traffic congestion.
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5. The proposed development is consistent with the community character of the immediate vicinity of the parcel proposed for development.
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6. The design of the proposed development minimizes adverse effects, including visual, acoustic and olfactory and hours of operation impacts,
on adjacent properties.
Provide complete responses to the applicable flexibility criteria for the specific land use as listed in each Zoning District to which the waiver is
requested (use separate sheets as necessary) - Explain how each criteria is achieved, in detail:
Page 2 of 6 - Flexible Standard Development Application- City of Clearwater
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E. 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 storm water 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 calculations
o COPY OF PERMIT INQUIRY LETTER OR SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT (SWFWMD) PERMIT SUBMITTAL
(SWFWMD approval is required prior to issuance of City Building Permit), if applicable
o COPY OF STATE AND COUNTY STORMWATER SYSTEM TIE-IN PERMIT APPLICATIONS, if applicable
F. SUPPLEMENTAL SUBMITTAL REQUIREMENTS: (Code Section 4-202.A)
X SIGNED AND SEALED SURVEY (including legal description of property) - One original and 14 copies;
o TREE SURVEY (including existing trees on site and within 25' of the adjacent site, by species, size (DBH 4" or greater), and location,
including drip lines and indicating trees to be removed) - please design around the existing trees;
X LOCATION MAP OF THE PROPERTY;
o PARKING DEMAND STUDY in conjunction with a request to make deviations to the parking standards (ie. Reduce number of spaces). Prior to
the submittal of this application, the methodology of such study shall be approved by the Community Development Coordinator and shall be in
accordance with accepted traffic engineering principles. The findings of the study will be used in determining whether or not deviations to the
parking standards are approved;
o
GRADING PLAN, as applicable;
o
PRELIMINARY PLAT, as required (Note: Building permits will not be issued until evidence of recording a final plat is provided);
o
COPY OF RECORDED PLAT, as applicable;
G.
'(
SITE PLAN SUBMITTAL REQUIREMENTS: (Section 4-202.A)
SITE PLAN with the following information (not to exceed 24" x 36"):
All dimensions;
North arrow;
Engineering bar scale (minimum scale one inch equals 50 feet), and date prepared;
Location map;
Index sheet referencing individual sheets included in package;
Footprint and size of all EXISTING buildings and structures;
Footprint and size of all PROPOSED buildings and structures;
All required setbacks;
All existing and proposed points of access;
All required sight triangles;
Identification of environmentally unique areas, such as watercourses, wetlands, tree masses, and specimen
trees, including description and location of understory, ground cover vegetation and wildlife habitats, etc;
Location of all public and private easements;
Location of all street rights-of-way within and adjacent to the site;
Location of existing public and private utilities, including fire hydrants, storm and sanitary sewer lines, manholes and lift stations, gas
and water lines;
All parking spaces, driveways, loading areas and vehicular use areas;
Depiction by shading or crosshatching of all required parking lot interior landscaped areas;
Location of all solid waste containers, recycling or trash handling areas and outside mechanical equipment and all required screening {per
Section 3-201 (D)(i) and Index #701};
Location of all landscape material;
Location of all onsite and offsite storm-water management facilities;
Location of all outdoor lighting fixtures; and
Location of all existing and proposed sidewalks.
o
SITE DATA TABLE for existing, required, and proposed development, in written/tabular form:
Land area in square feet and acres;
Number of EXISTING dwelling units;
Number of PROPOSED dwelling units;
Gross floor area devoted to each use;
Parking spaces: total number, presented in tabular form with the number of required spaces;
Page 3 of 6 - Flexible Standard Development Application- City of Clearwater
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Total paved area, including all paved parking spaces and driveways, expressed in square feet and percentage of the paved vehicular area;
Size and species of all landscape material;
Official records book and page numbers of all existing utility easement;
Building and structure heights;
Impermeable surface ratio (I.S.R.); and
Floor area ratio (FAR.) for all nonresidential uses.
o REDUCED SITE PLAN to scale (8 Y2 X 11) and color rendering if possible;
o 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 storm water 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 Invento . re ared b a "certified arborist" of all trees 8" DBH or
H. 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);
Plant schedule with a key (symbol or label) indicating the size, description, specifications and quantities of all existing and proposed
landscape materials, including botanical and common names;
Location, size, and quantities of all existing and proposed landscape materials, indicated by a key relating to the plant schedule;
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 (8 Y2 X 11) (color rendering if possible);
o IRRIGATION PLAN (required for level two and three approval);
o COMPREHENSIVE LANDSCAPE PROGRAM application, as 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 Infill Redevelopment Project or a Residentiallnfill Project.
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 Y2 X 11) (black and white 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; freestanding signs
shall include the street address (numerals)
o Comprehensive Sign Program application, as applicable (separate application and fee required).
o Reduced signage proposal (8 Y2 X 11) (color), if submitting Comprehensive Sign Program application.
Page 4 of 6 - Flexible Standard Development Application- 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
described in t 's application.
STATE OF FLORIDA, COUNTY OF PINELLAS
Sworn to and subscribed before me this ~ day of
~~DC4- A.D. 20~ to me and/or by
OQ\.lIO I<.,;,...~T l'.Hl.""Y ,who is personally known has
produced .f="c..... 1<<:" 0 - \,. . 5"7 - 08 7-^ as
identification. 6 x. 'P 2. 0 0 ,./ 0 3 - 0 G - 0"
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Not~ public,
My commission expires:
JOHN V. SCHOOTLER
My Comm Exp. 4120105
No. po 008188
I J Ptr1CNlly ~ I J 0IIler I.D.
^' Signa ure of property owner or representative
Page 5 of 6 - Flexible Standard Development Application- City ofCI~arwater
,vOTE> ELEJ/4T/dA/.S APE B454LJ t..
ON UE,qN ~~~ILE~ULYO I "
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. IBIS LOt LID fN.Trrl!lY VIm.' " '. Nore: COPlfS of rhis survey not
J'LC.lOD DI A 12 ACOORDllO TO CITY OF ClI:A2WATE.2 I=LA, ." valid un,les5 embossed wirt\SiQlllnO
FLOOD WURABCI IU. . 0 000 ~ T 1J.' surveyors SfQI.
A SURVEY OF LOTtS) 57 /1 t/A/IT 4
AS RECORDED IN PLAT BOOK 5/ PAGE
COUNTY. FLORIDA,
I do further certify thot the survey
~ido Stolufes 472,021 fer
FOR:
ER4
SEC. 9
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12/23/03
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Direct all correspondence to:
Clerk, Water and Navigation
Control Authority
315 Court Street
Clearwater, FL 33756
Application #
(OFFICAL USE ONLY)
PRIVATE DOCK PERMIT APPLICATION
PINELLAS COUNTY WATER AND NAVIGATION CONTROL AUTHORITY
Please type, or hand print in BLACK ink
I. PROPERTY OWNER INFORMATION:
Applicant's Name: DAVID K. (or) SHARIAN R. KIRBY
Mailing Address: 74 WINDWARD ISLAND
City, State, Zip CLEARWATER, FL 33767
Telephone No. (s) (727) ~~/- 28'-.7
ll. AGENT INFORMATION:
A. Name: DOCKS, INC.
Address: 12350 So. Belcher Rd. 2-A
City, State, Zip Largo, FL 33773
C. Telephone No. (s): (727) 536-6786 Office (727) 539-6234 Fax
Ill. SITE INFORMATION:
A. Construction Site Address: SAME AS ABOVE
C~ CLEARWATER
B. Parcel ID Number: 09/29/15/43362/000/0050
C. Incorporated: X Unincorporated CLEARWATER
D. Affected waterbody: CLEARWATER HARBOR
E. Previous Permits: P-18917-91
F. Date applicant assumed property ownership: 6/1985
G. Obstructions: (dogs, fences, etc.) FENCE
Attach 8-1I2"x 11" vicinity map showing specific project location.
All other information pursuant to P.C.O. 90-19 (amended), Section 10.8, as needed.
F or projects requiring a public hearing, attach a copy of the complete legal description.
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.
Application #
IV. PROJECT DESCRIPTION:
(OFFICIAL USE ONLY)
A. Nature and Size of Project:
&JG'TeAlJ AN .G')o:S-r~:.v~ 2>0'-;(. c-+rt.-l.?~~ .4..1/./ ~"dr
g4;f-,.,..s
Ii! ~ M.. Vrt:... ~,- jGr /1'''/'/ -e.,.N'..rr~~c. I~ IV~ ,." c..A-r-~o N
~.:>.:;..t- "''''1' ~~,v 12.1C /.r'
,
Co+:r evtf-.,'c ::2 ..s-x ,,-z;:
Square feet:
B. Variance: Yes'O No 0
Amount in variance: Length:
Setbacks: L
I Width:
'. R
Other:
NOTE: It is the applicant's responsibility to clearly demonstrate that any requested variances
are consistent with the variance criteria of the Pinellas County Water and Navigation Control
Authority Regulations. The applicant must submit a written variance request outlining the
nature of and need for any variances. The applicant must demonstrate that a literal enforcement
of the regulations would result in an extreme hardship due to the unique nature of the project
and the applicant's property. The hardship must not be created by action(s) of the property
owner(s). The granting of the variance must be in harmony with the general intent of the
regulations and not infringe upon the property rights of others. The variance requested must
be the minimum possible to allow for the reasona'ble use 01 the applicant's property. Should
the applicant fail to demonstrate that any variance request is consistent with the criteria outlined
in the regulations, staff cannot recommend approval of the application.
v. CONTRACTOR INFORMATION:
I, WILLIAM R. JANSEN , a certified contractor,
state that the dock has not been constructed and that it will be built in compliance with all
requirements and standards set forth in the "Rules and Regulations" of the Pinellas County
Water and Navigation Control Authority, and in accordance with the attached drawings which
accurately represent all the information required to be furnished. In the event that this dock
is not built in accordance with the permit or the information furnished is not correct, I agree
to either remove the dock or correct t e deficiency.
Signed: $~ R.
Company Name:
DOCKS,
Cert. No.:
C-3879
(727) 536-6786
Telephone No.:
Address:
12350 So. Belcher Road 2-A, Largo, FL 33773
VI. OWNER'S SIGNATURE:
I hereby apply for a permit to do the above work and state that the same will be done according
to the map or plan attached hereto and made a part hereof, and agree to abide by the "Rules
and Regulations" of the Pinellas County Water and Navigation Control Authority for such
cc;mstructionand, if said construction is within the corporate limits of a municipality, to first
secure approval from said municipality. further state that said construction will be maintained
in a safe condition at all times, should this application be approved, that I am the legal owner
of the upland from which I herein propose to construct the improvements, and that the above
stated agent/contractor may act as my representative. I understand that I, not Pinellas County,
am responsible for the accuracy of the information provided as part of this applicatio'n and
that it is my responsibility to obtain any necessary permits and . pprovals applicable for the
proposed activities on either private or sovereign owned submer . and.
/:;{../o-{}7 -4~~ "
Date
04SWOIan/ENVMGMNTlPrAAd2 .cI2G194
VA1UANCE REQUEST.
AI.lipnll
(OFFICIAL USE ONLY)
Mailing Address:
RICHARD (or) DIANE McKIBBEN
80 Windward Island, Clearwater, FL 33767
J Zip:
Left Lot Owner's Name:
I certify that I am the owner of Lot 4 which adjoins the property owned by the applicant who
proposes to construct a Commercial 0 Mulli-use 0 Private 0 dock at the following address:
74 Windward Island, Clearwater, FL 33767
I have seen the plans of the proposed struclure(s) with any requested variances (see Section IVB
of Application) and therefore: DO OBJECT 0 DO NOT OBJECT 0 to the construclion.
OWNER'S SIGNATURE:
Date
i~l;~l~,y,fri" .," "
NOTARY:
STATE OF FLORIDA,' PINELLAS COUNTY, BEFORE ME, the undersigned authority, personally
appeared ' well known to me, or who provided a valid Florida
Driver's License to be the person who executed the foregoing instrument and that he/she
acknowledged to me, under oath, that he/she signed the same freeiy and voluntarily for the purposes
expressed therein.
Witness my hand and official seal this _ day of
,19_.
NotAry Public
My commission expires:
-
Right Lot Owner's Name:
ROGER W.DANN
Mailing Address:
6.8 Windward Island, Clearwater, IZtp: 33767
I certify that I am the owner of Lot 6 which adjoins the property owned by the applicant who
proposes to construct a Commercial 0 Mulli-use 0 Private 0 dock at the following address:
74 Windward Island, Clearwater, FL 33767
I have seen the plans of the proposed struclure(s) with any requested variances (see Section IVB
of Application) and therefore: DO ODJECT 0 DO NOT ODJECT 0 to the construction.
OWNER'S SIGNATURE:
X Date
NOTARY:
STATE OF FLORIDA, PINELLAS COUNTY, BEFORE ME, the undersigned authority, personally
appeared ' well known to me, or who provided a Xalid Florida
Driver's License to be the person who executed the foregoing instrument and'that he/she
acknowledged to me, under oath, that he/she signed the same freely and voluntarily for the purposes
expressed therein.
Witness my hand and official seal this __ day of I 19 - .
Notary Public
My commission expires:
[).l&lWOII,IIENVMGMNTIP,McJ4 Al2W
.
.
Application #
(OFFICIAL USE ONLY)
DISCLOSURE FORM
In order to alleviate any potential conflict of interest with Pinellas County staff, it is required that the Authority
be provided with a listing of PERSOf'JS being party to a trust, corporation, or partnership, as well as anyone
who may have beneficial interest in~-the application which would be affected by any decision rendered by the
Authority. (Attach additional sheets if necessary.)
A... PROPERTY OWNERS:
Name:
Name:
Address:
DAVID K. (OR) SHARIAN R. KIRBY -
74 Windward Island
Clearwater, FL 33767
Name:
Address:
B. REPRESENTATIVES:
Name: DOCKS, TN~_
Address: 12350 S. Belcher Rd. 2-A
Laroo. FL 33773
Name:
Address:
Name:
Address:
Name:
Address:
C. OTHER PERSONS HAVING OWNERSHIP INTEREST IN THE SUBJECT PROPERTY:
Interest is: contingent 0 absolute 0
Name:
specific interest held
D. DOES A CONTRACT FOR SALE EXIST FOR THE SUBJECT PROPERTY? YES 0
If so, the contract is: contingent 0 absolute 0
NO ri
Name of parties to the contract:
E. DOES AN OPTION TO PURCHASE EXIST FOR THE SUBJECT PROPERTY? YES 0
Name of parties to the option:
NO 0
F. OWNER'S SIGNATURE:
I hereby certify that the informatio
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FLS2003-12071
74 WINDWARD ISL
Date Received: 12/26/2003
KIRBY.. DAVID
ZONING DISTRICT: IEOD
LAND USE: RU
ATLAS PAGE: 268A
PA I D
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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 4, 2004
Mr. David Kirby
74 Windward Island
Clearwater, FL 33767
RE: Development Order regarding case FLS2003-12071 at 74 Windward Island
Dear Mr. Kirby:
This letter constitutes a Development Order pursuant to Section 4-202.E of the Community
Development Code. On January 29,2004, the Development Review Committee (DRC) reviewed your
application for Flexible Standard Development approval to permit a 15 foot addition extending
seaward onto the eastern portion of an existing dock measuring 36 feet in length with the total dock
square footage being 217.5 square feet under the provisions of Section 3-601.C.1.g. The DRC
recommended approval ofthe application on the following bases:
Bases for Approval:
1. The proposal complies with the Flexible Standard Development criteria from DockslMarina
Standards per Section 3-601.C.1.g.;
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.
I concur with the findings of the Development Review Committee and, through this letter, approve
your application for Flexible Standard Development. The approval is based on and must adhere to the
site plan and application dated received December 26, 2003 and additional supporting materials dated
received January 8,2004.
Pursuant to Section 4-303, an application for a building permit shall be made within one year of
Flexible Standard Development approval (February 4, 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. An extension of time may be granted by the Community Development
Coordinator for a period not to exceed one year and only within the original period of validity.
BRIAN J. AUNGST, MAYOR-COMMISSIONER
WHITNEY GRAY, VICE MAYOR-COMMISSIONER HoYT HAMILTON, COMMISSIONER
FRANK HIBBARD, COMMISSIONER * BiLl, JONSON, COMMISSIONER
"EQUAL EMPLOYMENT AND AFFIRMATIVE ACTION EMPLOYER"
.
.
February 4, 2004
Kirby - Page Two
The Community Development Coordinator may approve an additional extension of time not to exceed
one year for good cause shown and documented in writing. The coordinator must receive the request
for this extension within the one-year period of validity after the original time extension.
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.
If you have any questions, please do not hesitate to call Bryan Berry, Planner, at 727-562-4539. You
can access zoning for parcels within the City through our website: www.clearwater-fl.com. * Make Us
Your Favorite!
Sincerely,
~
Cynthia H. Tarapani, AICP
Planning Director
E:\Planning DepartmentlC D BlStandard F1ex\Pending Cases\3 . Up for the Next DRClWindward Isl. 74. Kirby Dock extensionlWindward Isl74 Development Order sample. doc
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.
DRC Meeting Date:
Case Number:
Agenda Time:
Applicant:
Address:
January 29.2004
FLS2003-12071
10:55
Mr. David Kirby
74 Windward Island
CITY OF CLEARWATER
PLANNING DEPARTMENT
STAFF REPORT
GENERAL INFORMATION:
REQUEST:
Flexible Standard Development to permit a 15 foot addition
extending seaward onto the eastern portion of an existing dock
measuring 36 feet in length with the total dock square footage being
217.5 square feet under the provisions of Section 3-601.C.1.g.
EXISTING ZONING/
LAND USE:
Island Estate Overlay District (IEOD), Low Medium Density
Residential (LMDR), Residential Urban Classification, (RU)
PROPERTY USE:
Current Use: Single-Family residential
Proposed Use: Single-Family residential
ADJACENT/ZONING
LAND USES:
North: Island Estates Overlay District, Low Medium Density
Residential District / Single-family residential
West: Water
East: Island Estates Overlay District, Low Medium Density
Residential District / Single-family residential
South: Island Estates Overlay District, Low Medium Density
Residential District / Single-family residential
CHARACTER OF THE
IMMEDIATE VICINITY: Single-family dwellings dominate the immediate vicinity.
ANALYSIS:
The 0.22-acre site is located on the west side of Windward Isle, approximately 200 feet south of
Windward Passage. The parcel is located within the Island Estates Overlay District. The
surrounding area is characterized by detached single-family homes. The parcel contains an existing
2,652 square feet; one-story, single-family dwelling located on the Gulf of Mexico. The applicant
currently has an existing wooden dock measuring 36 feet in length from seawall. The proposal is
to add an additional 15 feet in length onto the existing dock bringing the total dock length to 51
feet from seawall. The Community Development Code requires docks for single-family homes not
to exceed 25 percent of the width of the waterway or half of the width of the property measured at
E:\Planning Department\C D B\Standard FlexlPending Cases\3 - Up for the Next DRCI Windward Isl. 74 - Kirby Dock
extension \ Windward Isl 74 Staff Report.doc- Page 1
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.
the waterfront property line, whichever is less. The width of the waterway at the applicants
property is 275 feet according to the private dock permit application done by Docks, Inc. This
would allow for 68.75 feet in length. The width of the property measured at the waterfront
property line is 80 feet. This would allow for 40 feet in length, which is the lesser of the two. The
additional length is proposed to help alleviate an existing condition created by a stormwater
culvert. The drainage pipe is located along the side (north) property line and drains into the water.
As stormwater and excessive runoff is diverted into the water, there is an accumulation of residue
deposited and raises the mean low water line. This in turn can and does create an inability to dock
and lift a boat as water levels become lower.
The applicant has provided photocopied documentation of existing docks located along Windward
Isle. Three of these docks are greater in length than half the width of the property measured at the
waterfront property line, with one of them being the adjacent neighbor at 80 Windward Isle. The
proposed dock length of 51 feet from seawall will be characteristic to the three docks referenced
above and scale of other dock lengths provided in the submitted photocopied documentation.
All applicable Code requirements and criteria including but not limited to General Applicability
criteria (Section 3-913) and Deviations from Docks Marina Standards criteria (Section 3-
601.C.1.g) have been met.
CODE ENFORCEMENT ANALYSIS:
There are no outstanding enforcement issues associated with this site.
STANDARDS AND CRITERIA FOR LOW MEDIUM DENSITY RESIDENTIAL (Section
2-201):
STANDARD REQUIRED/ EXISTING PROPOSED CONSISTENT INCONSISTENT
PERMITTED
MAXIMUM One dwelling One dwelling One dwelling [X] [ ]
DENSITY units unit unit
IMPERVIOUS 0.65 N/A N/A [X] [ ]
SURFACE
RATIO (ISR)
LOT AREA 5,000 square 9,600 feet 9,600 feet [X] [ ]
(minimum) feet
LOT WIDTH 50 feet 80 feet 80 feet [X] [ ]
(minimum)
FRONT 25 feet N/A N/A [X] [ ]
SETBACK
REAR 25 feet N/A N/A [X] [ ]
SETBACK
SIDE 7.5 feet N/A N/A [X] [ ]
SETBACK
HEIGHT 30 feet 26 feet 26 feet [X] [ ]
(maximum)
E:\Planning DepartmentlC D BIStandard FlexlPending Cases\3 - Up for the Next DRC\ Windward Isl. 74 - Kirby Dock
extension I Windward Isl 74 Staff Report. doc- Page 2
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I PARKING
SPACES
.
2/unit
2
2
[X]
[ ]
FLEXIBILITY CRITERIA FOR DEVIATIONS FROM DOCK/MARINA STANDARDS:
(Section 3-601.C.1.g):
i) The proposed dock will result in no navigational
conflicts and the length of the proposed dock will not
exceed 25 percent of the width of the waterway; or
ii) The proposed dock location needs to be adjusted to
protect environmentally sensitive areas; or
iii) The property configuration precludes the placement
of a dock in compliance with the required
dimensional standards; however, the proposed dock
will be similar in dimensional characteristics as
surrounding dock patterns.
* See Staff Analysis
GENERAL STANDARDS (Section 3-913):
1. Development of the land will be in harmony with the
scale, bulk, coverage, density and character of
adjacent properties.
2. Development will not hinder or discourage
development and use of adjacent land and buildings
or significantly impair the value thereof.
3. Development will not adversely affect the health or
safety of persons residing or working in the
neighborhood.
4. Development IS designed to mInImIZe traffic
congestion.
5. Development is consistent with the community
character of the immediate vicinity.
6. Design of the proposed development mInImIZeS
adverse effects, including visual, acoustic and
olfactory and hours of operation impacts on adjacent
properties.
Consistent
[X]
[X]
[ ]
Consistent
[X]
[X]
[X]
[X]
[X]
[X]
Inconsistent
[ ]
[ ]
[X]*
Inconsistent
[ ]
[ ]
[ ]
[ ]
[ ]
[ ]
E:\P!anning DepartmentlC D BIStandard F!exlPending Casesl3 - Up for the Next DRCI Windward Is!. 74 - Kirby Dock
extension I Windward Is! 74 Staff Report.doc- Page 3
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.
.
SUMMARY AND RECOMMENDATION:
The Development Review Committee reviewed the application and supporting materials on
January 29, 2004. The Planning Department recommends APPROVAL of the Flexible Standard
Development application to permit a 15 foot addition extending seaward onto the eastern portion
of an existing dock measuring 36 feet in length with the total dock square footage being 217.5
square feet under the provisions of Section 3-601.C.1.g. for the site at 74 Windward Isle, with the
following bases and conditions.
Bases for Approval:
1. The proposal complies with the Flexible Standard Development criteria from Docks/Marina
Standards per Section 3-601.C.1.g.
2. The proposal is in compliance with other standards in the Code including the General
Applicability Criteria per Section 3-913.
3. The development is compatible with the surrounding area and will enhance other
redevelopment efforts.
Prepared by: Planning Department Staff: ~- ~.....
Bryan~cr
E:IPlanning DepartmentlC D BIStandard FlexlPending Casesl3 - Up for the Next DRCIWindward Isl. 74 - Kirby Dock
extension I Windward Isl 74 Staff Report. doc- Page 4
10:55 a.m.
Case: FLS2003-l20a4 Windward Island A
Owner/Applicant: Kirby, (74 Windward Island, Clearwater, F~67; phone: 727-441-2827).
Location: 0.22-acre lot is located on the west side of Windward Island, approximately 200 feet south of
Windward Passage.
Atlas Page: 268A.
Zoning: IEOD, Island Estates Overlay District, LMDR, Low Medium Density Residential District.
Request: Flexible Standard Development to permit a 15 foot addition extending seaward onto the eastern
portion of an existing dock measuring 36 feet in length with the total dock square footage being 217.5
square feet under the provisions of Section 3-601.C.1.g.
Proposed Use: Extend existing dock.
Neighborhood Association: Island Estates Civic Association (John Bosmosky, PO Box 3154, Clearwater,
FL 33767).
Presenter: Bryan Berry, Planner.
Attendees included:
City Staff: Frank Gerlock, Bryan Berry, Scott Rice, Duanne Anderson
Applicant/Representative:
The DRC reviewed this application with the following comments:
1. Parks and Recreation:
a) No Comments
2. Stormwater:
a) No Comments
3. Traffic Ene:ineerine::
a) No Comments
4. General Ene:ineerine::
a) No Comments
5. Plannine::
a) Please provide the amount of Impervious Surface for the lot. Aerial and survey appear to differ
with what is shown.
b) To show proposal is characteristic to existing community docks the City microfilm will need to
be researched for surveys revealing docks that are more than half the width of the property
measured at the waterfront property line in length.
c) The survey from 1985 reveals dock length to be 24 feet from seawall. Site plan shows existing
dock length as 36 feet from seawall. The surveyor site plan needs to be revised depicting the true
length.
d) Revise site plan since plan view shows 51 feet in length with dock addition and profile view
shows 60 feet.
6. Solid Waste:
a) No Comments
7. Land Resources:
a) No Comments
8. Fire:
a) No Comments
9. Environmental:
a) No Comments
10. Community Response:
a)
11. Landscapine::
a) No Comments
12. Harbor Master:
a) No Comments to dock extension and water navigability
NOTES
Development Review Committee DRAFT Action Agenda -Thursday, January 29, 2004 - Page 10
..
.
.
David K Kirby
74 Windward Island
Clearwater, FL. 33767
January 8, 2004
Bryan Berry
City of Clearwater Planning Department
Dear Mr. Berry,
I have enclosed some additional permits that have been approved for docks
in excess of 50 feet on both South Windward Island and South Midway
Island that might be helpful for my case. Also, my neighbor to the North of
me, 80 Windward Island, has a 50 ft dock as well.
The reason for my application is that over the years, I have had a lot of
shoaling in and around my dock which is preventing me from lowering my
boat into the water at medium to low tide. I think a lot of this is due to the
natural filling in of the channels over the years, but we also have a city storm
sewer on my property, which is, in my opinion, contributing to the problem.
I have included some pictures that show the area where the drainage pipe is
and you can notice how much higher the elevation is there. Apparently, my
north neighbor has had the same problem as he had to extend his dock out to
50 ft. also.
My request for a 15 ft. extension, which would make the total length of the
dock 51 ft., should be adequate enough to allow me to be able to lower my
boat in the water most of the time and still be esthetically in balance with the
rest of the docks in the area. I should also mention that I have had the same
boat for 15 years so this is a hardship that I have not created but one that I
have been dealing with for quite some time. The only other options would
be to have the dock area dredged and I understand the State or County will
not allow that.
.
e
Should you have any questions before the meeting, you can reach me at 727
441 2827 or email atDKK3000@netzero.net . Once again, thank you so
much for all your help.
With regards,
~~~
David K an. Kirby
Ene. (copies of dock permits over 50 ft)
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M the .UUmum po..ible to allow tor th. .... ", .' . . .pplie'Zit'. property. Sbould
diuppUC&IlttaiUo4elD.OIUItr.tethah~lv.riaJl6lf. .' '. . .' .tentwiththurit.eriaoutlinecl
ba the rocu1atton., o~ CIIUlot rtcommelldappnnl: .. .._pPllcatioo.
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V, CONTRA.CTOa INFORMATION. ' ,'~:: ;;':~! .'
flJped:
C-419 2
4~6-294~
CoIDp&a1 Name:
Mdnu:
VI. OWNBB'881GNATURBI
I Mreby appb' tor a ~I'IDU to clo \he above work ,:.
to th! Rl&p or pla.1a aUachecl ber,to aDd made a~'
mcllllplatlou" of the Plul1al eo-'Dt)' Water.'
e9Ulrucda ..d. It' "id CODItnlcUOIl Is within
~lC\lre approval from .aId munldpaliq.. Il\atthar ~ti_
baa ..... coad1tloa a .n time., aboW4 W. app1,
or t!:I. uplni from wbich llaerata propo.. to .
ltak4 apDt!cqtractor m.,. act II my r.pre"n~
&Ill tttpogaibl. tor tha lCICW'ac, at the iDronu
tAat It if III)' relpcll.llb1Utl to obtain aZ17 a.CI"".~-'
prilpoled acUvttl" on 11thlr private or 10.'1'.1111' .',
~.
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- ~ D.C.
. .allll will b. don. accorcliur
...... to abid. by tb. "Rul..
D Coouol Authority tor luch
ill of . IIIWllcipallty. to first
'4ioutrucUoa. will be maintainld.
Id, that I am tho I.,al owner
.Imlllll, alad th.t tht above
II that I, DOt PID.II.. County.
part or thi. appllcatiola and
approvals .ppllelble for the
dlnd.
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Community Response Teanl
Planning Oept. Cases - ORC
Case No./.L5 c?OI:;),~-- /::)07/ Meeting Date: /- ~;7- dOOY
Location: /--:-/ /.~ ~;"-7(-h1A7/r'),i -~~~ /7 &)L
~----:"7 _/ ....
o Current Use: .:Jf'"-?-':,f/t--/ r/J -/ r"c:c I'
,
o Active Code Enforcement Case ~ yes:
o Address number ~ (no) (vacant land)
o Landscaping ~ (no)
o Overgrown (yes) 8
o Debris (yes) ~
o Inoperative vehicle(s) (yes).
o Building(s) (good) (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 ~ (ok) (not ok) (billboard)
o Parking ~ (striped) (handicapped) (needs repaving)
o Dumpster (~~(not enclosed)
o Outdoor storage (yes) (~
Comments/Status Report (attach any pertinent documents):
Date: 0/7" Reviewed by.: j~, '~.d~elePhone:
Revised 03-29-01; 02-04-03 ----
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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 MYRTIE AVENUE, CLEARWATER, FLORIDA 33756
TELEPHONE (727) 562-4567 FAX (727) 562-4576
January 06, 2004
RE: NOTICE OF FILING OF AN APPLICATION FOR FLEXIBLE STANDARD
DEVELOPMENT APPROVAL AT 74 WINDWARD ISLE (FLS2003-12071)
To Surrounding Property Owners:
As a property owner within 200 feet of 1216 Eldridge Street, the City of Clearwater Planning Department
gives notice that an application for Flexible Standard Development has been filed for that property. The
request is to permit construction of a 15-foot addition extending seaward onto the eastern portion of an
existing dock with the total dock square footage being 217.5 square feet under the provisions of Section
3-601.C.1.g
On January 29, 2004, the Development Review Committee (composed of the City's professional staff)
will review and determine whether the application demonstrates compliance with the City's Community
Development Code. Following that review and determination, the Planning Director will issue a
Development Order approving, approving with conditions or denying the application. The earliest date
that the City will make a decision on the application will be January 29, 2004.
The City encourages you to participate in the review process of this application. . You may phone me at
727-562-4539 for further information, visit our office to review the files and/or submit written comments
to be considered in the City's review of the application.
An appeal of the decision of the Planning Director may be initiated by the applicant or property owners
within the required notice area who present competent substantial evidence at, or prior to, the
Development Review Committee meeting (January 29, 2004). An appeal must be filed, including an
appeal fee, with the Planning Department within seven days of the date of the Development Order.
Thank you for your interest in the City of Clearwater's development review process. Please do not
hesitate to contact me should you have any questions. You may access our Planning Department through
the City's website: www.clearwater-fl.com or my direct email addressatbrvan.berrv@myclearwater.com
Sincerely,
E;IPlanning Department\C D BlStandard FlexlPending Cases\3 - Up for the Next DRClWindward Isl. 74 - Kirby Doek extension\ Windward IsI 74 Notification Letter Fonn.doc
BRIAN J. AUNGST, MAYOR-COMMISSIONER
HOYT HAMILTON, VICE MAYOR-COMMISSIONER WHITNEY GRAY, COMMISSIONER
FRANK HIBBARD, COMMISSIONER * BlI.I.]ONSON, COMMISSIONER
"EQUAL EMPLOYMENT AND AFFIRMATIVE ACTIO,," EMPLOYER"
.
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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 MYRTIE AVENUE, CLEARWATER, FLORIDA 33756
TELEPHONE (727) 562-4567 FAX (727) 562-4576
January 5, 2004
Mr. David Kirby
74 Windward Island
Clearwater, FL 33767
RE: Flexible Standard Development to permit a l5-foot addition extending seaward onto the eastern
portion of an existing dock with the total dock square footage being 217.5 square feet under the
provisions of Section 3-601.C.1.g
Dear Mr. Kirby:
The Planning staff has reviewed your application (FLS2003-12071) to permit a 15-foot addition extending
seaward onto the eastern portion of an existing dock with the total dock square footage being 217.5 square
feet under the provisions of Section 3-601.C.1.g. After a preliminary review of the submitted documents,
staff has determined that the application is complete.
The Development Review Committee (DRe) 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. The building is located at 100 South Myrtle Avenue in downtown Clearwater. Please
call Sherrie Nicodemus, Administrative Analyst at 727.562.4582 no earlier than one week prior to the
meeting date for the approximate time that your case will be reviewed. You or your representative (as
applicable) must be present to answer any questions that the committee may have regarding your
application.
If you have any questions, please do not hesitate to call me at 727-562-4539.
E:lPlanning DepartmentlC D BlStandard F1exlPending Cases\3 - Up for the Next DRClWindward 151. 74 - Kirby Dock extensianlWindward 15174 complete letter. doc
BRIAN J. AUNGST, MAYOR-COMMISSIONER
HOYT HAMILTON, VICE MAYOR-COMMISSIONER WHITNEY GRAY, COMMISSIONER
FRANK HIBBARD, COMMISSIONER * Bll.L]ONSON, COMMISSIONER
"EQUAL EMPLOYMENT AND AFFIRMATIVE ACTION EMPLOYER"