FLD2004-09072
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CASE #
DATE RECEIVED
RECEIVED BY (staff Initials)
ATLAS PAGE #
ZONING DISTRICT
LAND USE CLASSIFICATION
SURROUNDING USES OF ADJACENT
PROPERTIES
NORTH
SOUTH
WEST
EAST
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; Clearwater
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Planning Department
100 South Myrtle Avenue
Clearwater, Flonda 33756
Telephone 727-562-4567
Fax 727-562-4865
o SUBMIT ORIGINAL SIGNED AND NOTAR1ZED APPliCATION
o
SUBMIT 14 COPIES OF THE ORIGINAL APPLICATION mcludmg
1) Collated, 2) stapled and 3) folded sets of SIte plans
SUBMIT APPLICATION FEE S I..z<<
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* NOTE 15 TOTAL SETS OF INFORMATION REQUIRED (APPLlCAT10NS PLUS SITE PLANS SETS)
ORIGINAL
FLEXIBLE DEVELOPMENT APPLICATION
Comprehensive Infill Redevelopment Project (RevISed 10-10-2003)
~PLEASE TYPE OR PRINT~ use additIOnal sheets as necessary
A APPLICANT, PROPERTY OWNER AND AGENT INFORMATION (Section 4~202 A)
APPliCANT NAME BJE, INC
MAILING ADDRESS 630 S GULFVIEW BLVD, CLEARWATER, Fl33767
E-MAIL ADDRESS
PHONE NUMBER 727-504-2404
CELL NUMBER
FAX NUMBER 727-461-9300
PROPERTY OWNER (S) BJE, INC
RECEIVED
AGENT NAME (5) KEITH ZAYAC & ASSOC
MAIliNG ADDRESS 701 ENTERPRISE ROAD EAST, SAFETY HARBOR, 34695
JAN 1 2 2005
E-MA1LADDRESS KEITH@KEITHZAYACCOM
PHONE NUMBER 727-793-9888
PlANNING DEPARTMENT
CI1V OF CLEARWATER
CELL NUMBER
FAX NUMBER 727-793-9855
- --B PROPOSED DEVElOP.~ENT INFORMATION (Code Section 4-202_A)
STREET ADDRESS of suoJecl site 483 MANDALAY AVENUE
LEGAL DESCRIPTION
SEE ATTACHED LEGAL DESCRIPTION
_ J?8.8.CE UJ UMBER _ -_~_OUl9-'-15L16!t3A-'-00_1_'-0020_
PARCEL SIZE 1 685 ACRES -73,379 SF
(Acres SQuare feet)
PROPOSED USE AND SIZE PARKlNG GARAGE & 28 CONDOMINIUMS ON-TOP EXISTING RETAIL
(Number of dwelling units, hotel rooms or square footage of nonreslden\laI use)
parking spaces specific use, etc.)
DESCRIPTION OF REQUEST (S) SeE ATTACHMENT "A"
AttaCh sheets and be specific when Identifying the request ([nclude all requested code deViations e 9 reduction In required number of
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DOES THIS APPLICATION INVOLVE THE TRANSFER OF DEVELOPMENT RIGHTS (TOR) > A PREVIOUSLY APPROVED PLANNED UNIT
~ DEVELOPMENT, OR A PREVIOUSLY APPROVED (CERTIFIED) SITE PLAN? YES NO X (If yes, attach a copy of the applicable documents)
C PROOF OF OWNERSHIP_ (SectIOn 4~202 A)
A SUBMIT A COPY OF THE TITLE INSURANCE POLICY, DEED TO THE PROPERTY OR SIGN AFFIDAVIT ATTESTING OWNERSHIP (see
page 6)
o WRITTEN SUBMITTAL REQUIREMENTS- (Section 3.913 A)
r Provide complete responses 10 the SIX (6) GENERAL APPLICABILITY CRITERIA - Explain how each crlterra IS achieved, In detail
The proposed development of the land Will be In harmony With the scale, bulk, coverage, denSity and character of adjacent properties In
which Ills localed
SEE ATTACHMENT "B"
2 The proposed development Will nol hinder or dIscourage the appropnate development and use of adJacent land and bUildings or SIgnificantly
Impair the value thereof
SEE ATTACHMENT "8"
3 The proposed development WI)) nol adversely affect the health or safety or persons reSiding or working In the neighborhood of lhe proposed
use
SEe ATTACHMENT "8"
4 The proposed development IS deSigned to mlmmlze traffic congestion
SEe ATTACHMENT "8"
5 The proposed developmenllS consistent With the community character of the immediate VICinity of the parcel proposed for development
SEe ATTACHMENT "8"
6 The cfes)gn of the proposed development minimizeS adverse effects, mcludmg Visual, acoustiC and olfactory and hours of operation Impacts,
of} a9Ia~~nt propertl~s
S~~~IT~~HJ~~gN:r "8"
06
PrOVide complete responses to the ten (10) COMPREHENSIVE INFILL REDEVELOPMENT PROJECT CRITERIA (as applicable) - explain
how each cnlena IS achieved In detail
-- -~1--Tb.e'.deYeJopment-pr-Ledevejopment-oHhe parcel pmp.osed-for-deYj;lloRment-ls-olherwlse-lmpraC!lcal Without deYJa!loJls'from-the'use;-lnt~nslty-- ---
and developme-nt sta-ndards
SEE AfT ACHMENT "C"
RECENErL
JAN 1 2 2005
PLANNING DEPARTMENT
cnv OF CLEARWATER
Page 2 of 7 - FleXible Development Application - ComprehenSive Inftll Redevelopment PrOJect- City of Clearwater
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2
The development of the parcel proposed for development as a comprehensive Infill redevelopment project or residential rnfill 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)
SEE ATTACHMENT "C"
0RffilN A L
3
The uses within the comprehenSive Infill redevelopment project are otherwise perrrlltted In the CitY. of Clearwater
SEE ATTACHMENT "c"
4 The uses or mix of use wlthm the comprehensive mfill redevelopment project are compatible with adjacent land uses
SEE ATTACHMENT "C"
5 SUitable Sites for development or redevelopment of Ihe uses or mix of uses wlthm the comprehenSive mfl1l redevelopment project are not
otherwise available m the City of Clearwater
SEE ATTACHMENT "C"
6 The development of the parcel proposed for development, as a comprehenSive mflll redevelopment project will upgrade the Immediate Vlclfllty
of the parcel proposed for development
SEE ATTACHMENT ~C"
7 The design of the proposed comprehensive Infill redevelopment 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
SEE ATTACHMENT ~C"
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
SEE ATTACHMENT "C"
9 Adequate off-street parKing In the Immediate vlclnlty,accordlng 10 the shared parl<,lng formula In DIVISion 14 of Article 3 Will be available to
aVOid on-street pa~klnQ. In the Immedl~~e VIClf1lty of p~Ice!pr~o~e9 _for:~ev,eJo!?n:!.ent
SEE ATTACHMENT"C"
1 0 The deSign of -all bUildings compiles With 1he TOUrist Dlstnct or Downtown DIstrict deSIgn gUidelines In DIVISIOn 5 of Article 3 (as applicable)
Use separate sheets as necessary
_S_EE.';Uf.l.CHMENr~.c~ __
EIVEO
JAM 1 2 2805
PLANNING DEPARTMENT
cnv OF CLEARWAlER
Page 3 of 7 - FleXible Development ApplIcation - ComprehenSIve Infill Redevelopment Project- CIty of Clearwater
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SUPPLEMENTAL SUBMITTAL KEQUIREMENTS (Code Sect!on 4~202 A)'---
ORiGINAL
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SIGNED AND SEALED SU RVEY (Indudl ng legal descrlpllon of property) - One ongl nal and 14 copies,
TREE SURVEY (Iflcludlng eXisting trees on site and Wllhln 25' of the adjacent site, by species, Size (DBH 4" or greater), arld locatlorl,
Including drip Imes and mdlcatlng trees to be removed) - please design around the eXistmg trees,
LOCATION MAP OF THE PROPERTY,
o
PARKING DEMAND STUDY In conjunction with a request to make devlatlons1o the parking standards (I e Reduce number of spaces) Prior to
the submittal of this application, the methodology of such study shall be approved by the Comm umty Development Coordmator a nd shall be In
accordance with accepted traffic engineering principles The findmgs of the study will be used m determining whether or not deviations to the
parking standards are approved,
i:J.
GRADING PLAN, as applicable
o
PREliMINARY PLAT, as reqUired (Nole BUlldmg permits will not be Issued until eVidence of recordmg a final plat IS prOVided),
o
COPY OF RECORDED PLAT, as applicable,
F
SITE PLAN SUBMITTAL REQUIREMENTS (Section 4~202.A)
?:D SITE PLAN with the following Informa!lon (not to exceed 24" x 36")
All dimensions,
North arrow,
Englneenng bar scale (minimum scale one mch equals 50 feet) and date prepared,
Location map,
Index sheet referencing indiVidual sheets Included m package,
Footprint and size of all EXISTING bUildings and structures,
Footprint and Size of all PROPOSED bUildings and structures,
Include floor plates on multi-story bUlldmgs,
All required setbacks,
All eXisting and proposed pOints of access,
All required sight tnangles,
Identification of environmentally unique areas, such as watercourses, wetlands, tree masses, and specimen
trees, Including descnptlOn and location of understory, ground cover vegetation and Wildlife habitats, etc,
Location of all public and pnvate easements,
LocatIon of all street nghts-of-way wlthm and adjacent to the site,
Location of eXlstmg public and private utlll\les, including fire hydrants, stonn and sanitary sewer Imes, manholes and 11ft stations, gas
and water lines, (* Note Per Section 3-911, all utilities shall be located/relocated underg round)
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 solid waste containers, recycling or trash handlmg areas and outSide mechanical equipment and all required screening {per
SeCtJon 3-201 (D)(I) and Index #701},
LocatIOn of all landscape matenal,
Location of all JUrlsd IctlOnalllnes adjacent to wetlands,
Locahon of all onslte and off site storm-water management facilities,
Location of all ouldoor Ilghtmg fixtures, and
Location of all eXlstlOg ann propo~ed si.dew::llk!'i
- ~ - -- -
d SITE DATA TABLE for eXisting, required, and proposed development In wntten/taj;lylar form
,. Land area m square feet and acres,
Number, of EXISTING dwellmfl Units,
Number of PROPOSED dwellmg Units,
Gp~ss floor area devoted to e.ach u:;;e,
Parkmg spaces tolal number, presented In tabular fonn With the number of reqUired spaces,
Tgtatpaved area, including aILR.av~d park[1g spaces and dnveways, expressed In square feet and percentage of the_paved vehicular area,
Size and species of all landscape matenal,
OffiCial ~SJ;tsj)i!P..k al}d_p<!g~ oumb__eJ.5.otall e1'(.lstLng utlllty_easem_ent, -
BUilding and structure heights,
Impermeable surface ratio (I S R ), and
Eloor area ratio (F A R ) for all nonresidential uses
RECEIVED
JAN 1 2 2005
PlANNING DEPARTMENT
CITY OF ClEARWATER
~ FOR DEVELOPMENTS OVER ONE ACRE, prOVide the follOWing additional information on Site plan
/-- One-foot contours or spot elevations on Site,
_ Off SIte elevations If reqUlred to evaluate the proposed stormwater management for the parcel,
All open space areas,
Location of all earth or water retaining walls and earth benns
Lot lines and bUilding lines (dimensioned),
Streets and dnves (dimensIOned),
BUlldmg and structural setbacks (dimensioned),
Structural overhangs
Tree Inventory, prepared by a certified arbonst", of all trees 8" DSH or greater, reflectmg Size, canopy (dnp Imes) and condition of such trees
Page 4 of 7 - FleXible Development Application - Comprehensive InftH Redevelopment ProJect- City of Clearwater
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ORIGINAL
G LANDSCAPING PLAN SUBMITTAL REQUIREMENTS- (Section 4-1102 A)
'jf
LANDSCAPE PLAN
All eXisting and proposed structures,
Names of abutting streets,
Drainage and retenlloll areas including swales Side slopes and bottom elevations
Delineation and dimenSions of all reqUired penmeter landscape buffers,
Sight VISibility tnangles,
DelrneatJOn and dlmellslons of all palklllg areas Includlllg 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 dnpllne (as indicated on
reqUired tree survey),
Plant SChedule With a key (symbol or label) Indlcatlllg the Size, deSCription, speCificationS and quantities of all eXisting and proposed
landscape matenals, including botalllcal and common names
Location, Size, and quantities of all eXisting and proposed landscape materials, mdlcated by a key relating to the plant schedule,
TYPical planting details for trees, palms, shrubs and ground cover plants Including Instructions, 5011 mixes, backfilling, mulchlllg and
protective measures
Interror landscaping areas hatched and/or Shaded and labeled and mtenor landscape coverage expresslllg III both square feet and
percentage covered,
Conditions of a prevIous development approval (e 9 conditions Imposed by the Community Development Board),
IrogatlOn notes
REDUCED LANDSCAPE PLAN to scale (8 Y, X 11), III color
RECEIVED
CJ
IRRIGATION PLAN (reqUired for Level Two and Three applications)
o
JAN 1 2 2005
DEPARTMENT
cItY OF CLEARWATER
STORMWATER PLAN SUBMITTAL REQUIREMENTS- (City of Clearwater DeSign CrlTena Manual and
4-202 A 21)
STORMWA TER PLAN Includlllg the follOWing reqUirements (~\ 7n~ ""-
Existing topography extendlllg 50 feet beyond all property lines, . )
Proposed gradlllg including finished floor elevations of all structures,
All adjacent streets and mUnJcJpal storm systems,
Proposed stormwater detention/retention area Includmg top of bank, toe of slope and outlet control structure
Stormwater calculatJOIlS for atlenuatJOn and water quality,
Signature of FlOrida registered "ProfeSSional Engineer on all pia ns and calculalions
COMPREHENSIVE LANDSCAPE PROGRAM application, as applicable
COPY OF PERMIT INQUtRY LETTER DR SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT (SWFWMD) PERMIT SUBMITTAL
(SWFWMD approval IS required pnor to Issuance of City BUilding Permit), If applrcable
COpy OF STATE AND COUNTY STORMWATER SYSTEM TIE-IN PERMIT'APPUCATIONS, If applicable
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BUfLDiNG,ElEVAT10NPLAN SUBMITTAL REQtlfRE~ENIS_ (Section 4-202.A.23)
ReqUired In the event the application IIlcludes a development where deSign standards are In Issue (e 9 TOUrist and Downtown DlStrrcts) or as part
of a ComprehenSive Infill Redevelopment Project or a Resld.entlallnfill PrOject
BUILDING ELEVATION DRAWINGS - all Sides of all bUildings Including height dimenSions, colors and matenals
RED\JCED BUILDING ELEVATIONS - four Sides of bUilding With colors and matenals to sca Ie (8 Y, X 11) (black and white and color rendenng, If
pOSSible) as reqUired
J SIGNAGE. (Division 19. SIGN~ I Section 3~ 18Q~) ( '76ftiY.PrrE- '7 ~ 1"f11'?- )
o All EXISTING freestandmg and attached signs, PrOVide photographs and dimenSions (area, height, etc ), IIldlcale whether they Will be removed or
to remain
o AI! PROPOSED freestandmg and attached signs, ProVide details Includmg location, Size, height, colors, matenals and draWing, freestandlllg signs
shalllllclude the street address (numerals)
o ComprehenSive Sign Program application, as applicable (separate application and fee reqUired)
o Reduced slgnage proposal (8 Y, X 11) (color), If submlttlllg Comprehensive Sign Program application
Page 5 of 7 - FleXible Development Application - Comprehensive Infill Redevelopment ProJect- City of Clearwater
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It TRAFAC: 6MP'ACT STUO'\": ~~ 4402.A 13 and 0$.8()1 C)
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T1~ ~ U)Io!j l\o$ ~ ':II! ~ -.t /lKIOfII ~ d ltoo .....l!1I.$I ;;i Tf\Im~ ~rM<<" 1111 ~I\oi$f'" "'........1 F"" fQ ~ ....1KI1
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ORIGINAL
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/R,ECEIVED
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JAN 1 2 2005
PlANNING DEPARTMENT
cnv OF CLEARWATER
Page fi 0(1- r~ ~~...,.. Cr.;oo~~iIlU RoIll6~ ProJIld- CIt)I of~
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t'J.112~9277
ZAYAC
PAGe: 01
M. AFFIDAVIT TO ~I1fHORIIE AGENT:
(rumu ~;;.;. on dMd -.... PRINT NIl ~
Th.llt (I anv- are) IN owner(s) Md recon:I t!tlt ltQlder(e) of h folIowlnq ~ property (U:inrA or gel"IeI1Il Jccallon)
6 ~ 47. 4l.U..fY\ew ~ . C~l ~ ~
.
:iI That ttMe ~ 00IlItII&IaI1ilII r:nperty fof MUdl . /'eqUIII fer a' (dQaibe IIeQUett)
"5t:~ ~ A-
3. 11IlIt In. ~ (~) appomc.d and (doeIIdo) 'Il9Olr,t
~ln.-l ~"'(~
IS (~~.) 10"" ~ petIIJons or mr.r d.fteu1Nllil n&ceuary 10 dBd luch pBItion;
3 That tIllIs afftd8vIf has Ileeft &e:I.lIBd Itllndualltla CIty of Cle8r.-er, f1otId8 to co I\$lder . ncI aet on tM aboV4o ClUcrblct property,
" Th8I thrI ~nt E1u1O'Mldgel that .ilK hlp8CIf8eI (p.Im and 1'8CI'Ht\OIl, fl'afllc, etC ) WIIIIle pllld PAIOR to tII8 ISlllallal of II bulldJ"9 PMl'l1l.
~ r:A~, Dr"" rrcfIanIun, wNcI\eltor OOCiIltl hI:.
!j TlIat "'11II" to the ~ 1ft' MIX III " boJ City "'PlU8ftIallYu In order 10 PfOCleU !his ~ 8I'Id tho owner authori:r:.. City
ra~ to visIt.nd ~ '- propert)I ~ In IhiI ~.
e
That (1Iws), '" L1...llglltd 1UlholiJ, hIIfWJ c:.1Ify thatlhe fon9:IIn; Is true and c:orrea.
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Propl!JIny o..ner .
RECEIVED
~ OWner
JAN 1 2 2005
PLANNING DEPARTMENT
cnv OF CLEARWATER
Propelty Ownaf
fImpefty Owner
Mol ComtnMlon ~
STATE OF FLORIDA,
COUNTY OP PlN~L.1.AS t:/1
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, ~II'J appIIMcI l Cl ") nc5+~:S6.e;::1c:::J 'S \JI4lo haWlg beon 111'1' duly_n
and lIys ~ "'...... U. GOntertte of the: dlctaYl that ~ r10d
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./<1'-'"1\ Killhennl'! Jo lellbelll!r
;. ~ .; My CemmlSSl<lO 00057122
~..,~.,.." Ex~'res Se,temlMlr 16 2105
Pa;e '1 or 7 - Au!bIIl 0IIl .1~pn.ll ~ - CompreileMlWllnflll Rod&~,l&Ilt Project- CIty of Cleerwater
ORIGINAL
ATTACHMENT A
DESCRIPTION OF REQUESTS
· Increase ill heIght from 50 feet to 84' -9" above FEMA
· Encroachment Wlthm sHe vISIbilrty mangles by parkmg garage access
· ReductIOn In bUIldmg setback along local roads from 12 feet to 4 77 feet
· FlexIble Development approval to permlt a mixed use (parkmg garage and
attached dwellmgs m conjUnctIOn WIth eXlstmg retail sales) wIth a reductIOn to the
front (east) setback from 25 feet to 4 77 feet (to bUIldmg), a reductlOn to the sIde
(north) setback from 10 feetto 291 feet (to bUlldmg), reductIOns to the side
(south) setback from 10 feet to zero feet (to dumpster enclosure), from 10 feet to
1 74 feet (to pavement) and from 10 feet to 2 feet (to bUlldmg), a reductIOn to the
rear (west) setback from 20 feet to 2 89 feet (to bUIldmg) and to Increase the
bUlldmg height from 35 feet to 70 feet (to roof deck) WIth an addItIonal 4 feet for
pcruneter parapets (from roof deck) and an ad dluonal16 feet for rooftop pavIlion
(from roof deck), as a Comprehensive Infill Redevelopment Project, under the
provISIOns of SectIon 2-803 C , and to reduce the foundatlOll landscapillg along
PomsettIa Avenue from 5 feet to 4 77 feet, as a ComprehenSIve Landscape
Program under the provIsIons of SectlOn 3-1202 G
· Transfer of 4 UIllts by TDR applIcatIOn
RECEIVED
JAN 1 2 2005
PLANNlNG DEPARTMENT
erN OF CLEARWAlER
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ATTACHMENT B
WRITTEN SUBMITTAL REQUIREMENTS
ORlG1NAL
1 Beach By Design specifically references this proposed parking garage
as a much-needed component of the surrounding north beach area.
The eXisting parking lot on this sIte contains a minimal amount of
parking spaces and does not adequately serve the Pelican Walk
Shopping Center let alone the surrounding area The proposed
garage will proVide more than enough parkIng for the shopping center
and condominiums as well as proViding parkIng for the surrounding
community The design of the structure will be In harmony with the
eXisting shopping center and landscaping will be proVided where little
to none exists at thiS time Proposed setback of the garage are
consistent with the surrounding development
2 The proposed development will not hinder or discourage development
and use of adjacent properties The proposed garage WIll proVide
additional public parking to faCIlitate the redevelopment of the
surrounding properties
3 The proposed development will not adversely affect the health or
safety of person In the neighborhood The garage Will decrease traffic
congestion of reSidents and tounsts looking for parking In the north
beach area
4 The proposed deSign Will help to minimiZe traffic congestion by
proViding off-street parking In an area where little available parking
eXists
5 The proposed development IS consistent With the community
character of the Immediate VICInity and IS speCIfically called out as
needed In Beach By DeSign
6 The proposed condomInium and garage project WIll proVide an Intenor
parking option that Will decrease the Visual and acoustic Impact of vehicles
to the surrounding area The hours of operation of the eXisting retail are
consistent With the surrounding tounst dlstnct
RECEIVED
JAN 1 2 2DD5
PlANNING DEPARTMENT
cnv OF CLEARWATER
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ATTACHMENT C
COMPREHENSIVE INFILL REDEVELOPMENT PROJECT CRITERIA
1 The Proposed development IS otherwise Impractical without the
requested deviatIons to required setbacks and height In order
to provide adequate parking for the shopping center,
condominiums and public parking for the surrounding
commumty The reduction In setback allows the project to
maXimIze the garage area providing additional public parking
2 The proposed parking garage Will not reduce the fair market
value of abutting properties According to the Pinel/as County
Property Appraisers office, the eXisting market value of the site
IS well over $3,000,00000 With the proposed improvements to
the Site, the property IS estimated to be worth over
$20,000,00000 In addItIon, the public parkIng Will Increase
the value of the adjacent properties
3 Attached dwellings, parking garages and retail centers are
permItted uses With the Tourist zoning dlstnct as well as the
CIty Of Clearwater
4 The proposed condominium and parking garage addition are
compatible WIth the surrounding development, as well as
eXisting land uses Including attached dwellings, restaurants
and retail sales
5 Other SUitable sites for the proposed garage are not readily
avaIlable Within the City Of Clearwater and espeCially Within the
Immediate area Additionally, Beach by Design speCifically calls
out for thIS site to be utilIzed as a parking garage
6 The proposed development will be a Significant factor in
upgrading the surroundIng community, as very little off-street
parking eXists Within the Immediate VICInity
7 The design of the proposed structure proVides a functIonal
parking -garage -and resldentlal- dwellings The surrounding
community Will be enhanced by the addition of the covered off-
site parking for use by reSidents and tounsts Within the tounst
dlstnct
8 FleXibility In regards to the proposed height and setback are
Justified by the amount of parking bylng proVided for an area
that suffers from lack of available parking
9 The project exceeds the reqUired parkIng spaces reqUired for
the shopping center and condominium project
RECEIVED
JAN 1 2 2005
PLANNING DEPARTMENT
cnv OF CLEARWATER
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OR\G\NAL
LEGAL DESCRIPTION
Lota 21 3 and 4, and 1/2 Of vacated alley way abutting said
lots to tile Wesl:, in Block "A" per the RE-PI..A'r OF BLOCK "A"
AND LOTS l TO 15 INCL. BLOCK "B" OF CLEARWATER BEACH PARK
FIRST ADDITION, recorded ~ plat Book 21 at Page 21, of the
Public Records Pinellaa County, :E'lor~da. (Note: said
property formerly being described &,6 Lots 2, 3 and ... and
1/2 of vacated alley i~ay abutt.lng said lots to the WSElt,
Block lOB" of the FIRST ADDITION TO CLEARWATER BEACH PARK,
recorded in Plat Book 15 at Page eo.)
tots 34 through 43 LESS the Sou'therl,y 10 feet oJ.: Lot 34,
together with 3./2 of vacated e.lley way abu.tting said lots
to the East, Block B r FIRST ADDITION 'I'D CLEARWATER BEACH"
P JtRK, as re cords d in PIa t Book J 5 at Page 80 r ~ubl~c
Records ~n and for Pinellas County, Florida;
'i'OGE';['RER WITH
Lot 5, and, J./2 of vacated alley way ahutting e.aid lot to
the West, in Block "A" per the RE-PIIA'l' OF BLOCK "A" ~D
LOTS 1 TO 15 INCL. J?,LOCK "B" 'OF CLEARWATER BEACH PARR; FlrlST
J'..!>P.ITION, as recorded in Plat Book 21 Ai.. :;::a.qEl ?1. Publ i:::
Records, Pinelle$ County, Florida. (Note: said p:rooerty
formerly be~ng described as Lot 5 and 1/2 of vacated alley
way abutting eaid lot to the West, Block "13'1 of the FIRST
ADDITION TO CLEARWATER BEACH PARK, recoroeo in Plat Book lS
at Page 80.)
Lots 5, 7 I e and -1/2 o;f -vl'l.cated alley _wa.y - abutting_ stud
lotI) to 'the Wee t r in BIo ck "A" per the RE -P1.AT OF BLOCK ~ A"
rom LOTS 1 TO 15 INCL. BLOCK "B II OF CLEARWATER BEACH PARK
FIRST ADDITION, as recorded in Plat Book_.21 at J:I&ge 21,
pu.bl.l.c Records, P lnell as County, .F lor.l.da . (Note; sald
prope~ty formerlv be~ng desc-;:ibed as Lata 6 r 7 and 8 and
1/2 of vacat.ed alley way abuttlng said lots to the West,
Block "B'. of the E';tRST ADDITION TO CLEARWA'J'~R E~ACH PARK/
r6curQ~a iil ~~at Book 15 at page 80.)
RECEIVED
JAN 1 2 2005
PlANNiNG DEPARTMENT
emf OF CLEARWATER
sPencer and Associatl .rchitecture,. fue.
Ardutecture
1215 South Myrtle Avenue
Clearwater, FL 33756
727 / 449-ARCH
FAX 727/442-7192
Plannmg
sJs@spcnccrarchcom
www spencemrch com
December 7. 2004
OR\G\NAL
Mike Reynolds
City of Oemwater
100 South Myrtle Avenue
Clearwater, Florida 33756
Phone 727-562- 4836
Fax- 727-562-4576
Re: Pelican Walk Parkmg Garage
Dear Mike,
Thank you for taking the tune to reVlew tlus narrative of the Beach By Design critena used m the above
referenced project
The East elevation Incorporates many design elements outlined In the Beach by DesIgn, mcludmg
undulation in the front facade, architectural banding, stepping of balconies, arches and tower elements
The use of distincave aluminum grillwork features and arches aclueve the design goal of havrng the
building not look like a parkmg garage. Sabel palms and other lush landscapmg matenal, further
achieve tIns. Cantilevered balconies on the North and South elevahons add significant interest to the
building and breakup the overall mass The West elevation IS set approXlffiateIy one hundred ten feet
back from Mandalay Avenue The eXistIng Pelican WaIk Shopping Center has eXIstIng pedestnan areas
at street level.
Many successful design elements on the existmg buildIng are beIng mcorporated mto the new bUlldmg
such as decorative medallion elements, barrel ale roofmg, bandmg details, arches, etc The roof top
pavilion adds slgruficant mterest for the project and IS also functIonal, as It will be used In cOnjunctIOn
With the rooftop pool and sundeck Another unique feature to thiS burldmg IS the mtroductlOn of both
front and rear balconies, wInch open up all facades of the bmldmg The color palette wIll be conSistent
With the existing buildmg, wInch follows the recommended Beach by DeSign palette
This unique project is a direct result of following Beach by Design Gwdelines and months of pOSItIve
meetings' e City of Clearwater Plamring staff Thank you agam for your review of thIS narratIve
RECEIVED
s
American Institute of Architects Member
AMIlIB291
JAN 1 2 2005
PlANNING DEPARTMENT
CI1Y OF CLEARWATER
-
, AL
EXHIBIT C
COMPREHENSIVE INFILL PROJECT CRITERIA 0 R \ G \ N
10 The desIgn of all bUlldmgs complIes wlfh the desIgn gUldelmes m DIVIsion 5 of ArtIcle 3 The
desIgn of the proposed Hotel Resort complies with the followmg design gUldelmes outlmed m
Beach by design
A
HeIght portIOns of any structure whIch exceeds one hundred feet (100) are spaced at least
one hundred feet apart N/A
B
Between 42 feet and 100 feet the floor plate wIll be no greater than 25,000 square feet
N/A
c
~~ween 100 feet and 150 feet the floor plate will be no greater thanRECEivED
DesIgn, Scale and Mass of BUlldmgs
JAN 1 2 2005
1 BUlldmgs with a footpnnt of greater than 5,000 square feet or a smgle dl~,t}I~~.QR'
one hundred (100) square feet wIll be constructed so that no more than1;Jlf'f~FcftfNb-.r?AN~)
bUlldmg dimensIOns m the vertIcal or honzontal planes are equal m length For thIs purpose
equal m length means that the two lengths vary by less than forty-percent (40%) of the shorter
of the two (2) lengths The honzontal plane measurements relate to the footpnnt of the bUlldmg
N/A
2 No plane of a bUlldmg may contmued unmterrupted for greater than one hundred Imear feet For
the purpose of thIs standard, Interrupted means an offset of greater than 5 feet
WE ARE PROVIDING OFFSETS OF 15'-0" FROM THE BREEZEWAYS TO THE STAIR
TOWERS AND 10'-0" FROM THE BREEZEWAYS TO THE ELEVATORS. WE ARE PROVIDING
ADDITIONAL RELIEF THROUGH OTH ER ARCH ITECTU RAL FEA TU RES.
3 At least sIxty-percent (60%) of any elevation will be covered with wmdows or archlfectural
decoration, For the purpose of this standard an elevation IS that portIOn of a bUlldmg that IS vIsible
from a partIcular pomt outsIde the parcel proposed for development
ALL ELEVATIONS COMPLY AS NUMEROUS ARCHES, DECORATIVE EIFS DETAILS,
BALCONIES AND TOWER ELEMENTS HA VE BEEN USED TO ACHIEVE THIS.
4 The height and mass of bUlldmgs wIll be correlated to (1) the dImensIonal aspects of the parcel
proposed for development and (2) adjacent publIc spaces such as streets
PER THE WEST ELEVATION WE ARE UNDER THE PROJECT IS UNDER THE 60% MAXIMUM
THERIRETICAL BUILDING ENVELOPE
5 BUlldmgs may be deslgn< Jr a "vertIcal or honzontal mix of po.. lifted uses
The project includes existing retail and restaurants
attached dwellings and a parking garage
The proposed addition Includes
o Setbacks and Stepbacks
ORIGINAL
1 Rlght- of-ways
The area between the bUlldmg and the nght-of way (edge of pavement as eXlstmg and planned)
should be sufficIently wide to create a pedestnan-fnendly envlfonment The dIstances from
structures to the edge of the nght-of way should be (1) fifteen feet (15') along a rlena Is, and (2)
twelve feet (12) along local streets
The proposed setback from Poinsettia to the parking garage face IS proposed at 4.77 feet.
This setback reduction Will facilitate the public parking Identified in Beach by Design on this
site.
2 Stepbacks
For bUlldmgs Over three stones (42 feet) m height, portions above 42 feet should be set back at
least one foot for every two feet of addlflOnal heIght Archlfectural details that create a "human
scale" may be subsfltuted for SIde and rear stepbacks
CANTILEVERED BALCONIES WERE USED TO CREATE A HUMAN SCALE FOR STEP
BACKS OF THE SIDE ELEVATIONS. THE CONDOMINIUM UNITS ARE SET BACK
APPROXIMATELY 15'-0" FROM THE EASTERN FACE OF THE PARKING GARAGE.
E Lot Coverage and Open Space
At least twenty-five percent (25%) of each parcel proposed for development should be mamtamed
as open landscape or quallfymg hardscape Open landscape or quallfymg hardscape means
"1andscaped areas, plazas and other areas covered wlfh pavers or other decorative features, but
does not mclude off-street parkmg areas or roadways
The project site includes both landscaped open space along with hardscaped plazas The
hardscaped plazas are eXisting along Mandalay Ave. The total open space and hardscape
area is 25,095 SF, representing approximately 34% of the site.
F Street-Level Facades
(1) At least sixty percent (60%) of the street level facades of bUlldmgs used for nonresidentIal
purposes whIch abut a publiC street will be transparent
THIS WAS ACHIEVED WITH DECORATIVE ARCHES, QUOINING DETAILS AND DISTINCTIVE
ALUMINUM DETAILS.
(3) Bulldmg entrances should be aesthetically mvlfmg and eaSily Identified
THIS WAS ACHIEVED WITH THE DECORATIVE BANDING AND ARCHES
RECEIVED
G Parkmg Areas
JAN 1 2 2005
PlANNING DEPARTMENT
CIlY OF CLEARWATER
,
Entrances to parkmg areas uld be clearly marked In order to c. j confusion
When a parking garage abuts a public road or other public places, It will be designed such that the
function of the bUIlding IS not readily apparent except at POints of access or egress
The entrances to the parking garages are clearly visible from the adjacent roadways but
complimented by banding and gnllwork so as not to rook like a parkmg garage. The two
parking garage entrances are delineated by a raised curbed island m the middle of both
access points with access control devices.
H Slgnage
OR\G\NAL
A complete signage program will be submitted for approval at a later date
I Sidewalks
Sidewalks along arlenals and retaIl streets should be at least ten feet (10) In wIdth All sIdewalks
along artena/s and retal! streets wIll be landscaped wIth palm trees spaced to a max/mum of thlrty-
fIve feet (35) on centers, wIth "clear gray" of not less than eIght feet (8)
The proposed sidewalk along POinsettia is 10 feet In width where possible. Some portions
of the walkway area reduced in width to facilitate traffic movements and a loading space
Both Mandalay and Poinsettia are Imed with palm trees and additional foundation plant
matenals to satisfy requirements.
RECEIVED
JAN 1 2 2005
PlANNING DEPARTMENT
cnv OF CLEARWATER
r
}zt;'04~
Planning and Development Services
100 South Myrtle Avenue
Clearwater, Florida 33756
Telephone 727-562-4567
Fax 727-562-4576
CASE #
DATE RECEIVED
RECEIVED BY (staff imtlals)
ATLAS PAGE #
ZONING DISTRICT
LAND USE CLASSIFICATJON
~, Clearwater
o SUBMIT ORIGINAl SIGNED ANn NOTARI7Fn APPLICATION
ZONING & LAND USE CLASSIFICA T10N OF
ADJACENT PROPERTIES
NORTH
SOUTH
WEST
EAST.
o SUBMIT 1 COPY OF THE ORIGINAL APPLICATION Including folded 81M plan
ORIGINAL
COMPREHENSIVE LANDSCAPE PROGRAM REQUIREMENTS
(Revised 9119nOOI)
o APPLICANT, PROPERTY OWNER AND AGENT INFORMATION. (Code Section 4-1001)
APPUCANT NAME ---f5Je : t..u::.:- i
MAILING ADDRESS /;'?JD '7 4UL:fVli:~W B'.J.fD,/ CL...;~~~ f==L-- ~7/J77
PHONE NUMBER 7Z.140+ - z+ot:- FAX NUMBER
PROPERlY OWNER(S) f).JC... U-~...-:
,
(Must Include ALL owners)
AGENT NAME (Contact Person) -rr..l~ t:A..Y'PC-, ::f."e.. I ~
MAILING ADDRESS '1/1 t.:::tln:;~1/7~. ~-:> t ~ 404 i -SAFe-!" ~ fi..... ~~
PHONE NUMBER rZ1- 79~ -"~?;f> FAX NUMBER -J?1-17;- 9~4"C;-
The landscaping req U lrements of ArtIcle 3 Division 12 may be waived or modified as a part of a level One or
level Two Approval, as the case may be, rf the application for development approval mcludes a Comprehensive
Landscape Program, which satisfies the followmg criteria. The use of landscape plans, sections/elevations,
renderings and perspectives may be necessary as supplementary mformatlon In addition to the information
provided on this worksheet
1 Architectural Theme
a The landscapmg In a ComprehensIve Landscape Program shall be deSigned as a part of the archrtectural
theme of the pnnClpal bUildings proposed or developed on the parcel proposed for the development
JAN 1 2 2005
PLANNIf\lG DEPARtMENT
cnv OF CLEARWATER
C'agE' 1 01 "
, >
"
OR
OR\G\NAL
""
b The desIgn, character. location and/or matenals of the landscape treatment proposed In the ComprehensIve
Landscape Program shall be demonstrably more attractIve than landscaping othelWlse permitted on the parcel
proposed for development under the mInimum landscape standards
1tE &IHII}:!V Ab{r)()lj\ cF- ~ ~\..l ~~ A~\t'\.1 'k=-D
WM=H---=a-h0 ~ ~ 'NU-l/"iSE ~M~ 't/tRt-~J?;. ~t"..At..-M
J1~A Ata.J1, ?()l~ ~ ~ ~L.lc.i f'~ N-,,~
~y ./'Q..~\ 'J.U:: IL1U-LX~ J\.1?6H:~_-~
~/~~~ ~~~~~ML!lbAliM~
2 Llghtmg Any lIghttng proposed as a part of a ComprehenSIVe Landscape Program IS automatically controlled so
that the lighting IS tumed off when the bUSiness IS closed
111'6. t...lt:.J-ff11 It:; WIJ_I/' ~ 1?'e014UE:P M IV)!) ~- -'7'<"7TE:-t>4'7. nte:.
~l~ -0t==LL~rC\" t/lh4-h1U~\ 'rJ1U/ ~'b1A:IW 0#1 ~1l..l4 I I 14\-f1nME ~,
~ ~WJtW ~-nC- (...ltiH-llWL:t vJ{l&:tSE. Alyrot71A-\1CAL..L--"( ~
I
11:::' 1l>U- \ ot:T w~Ll ~
3 Community Character The landscape treatment proposed m the ComprehensIVe landscape Program will
enhance the community character of the CIty of Clearwater
1l1e ~vr--nh:= &')1~~L.V'-1 ~r=:... III ~--Ll11--'1
lLl ~\--now. rX::?H 6u~~ ~ ~ 1V .uE~_e-
~H../ Jc~xlV6HILllUH WLti~ ~ ~CNl WAt~ ~~c-r-
I h
a~hujL1~ -ntV7 ~+tl7 wrR:-\- ~~ /"--A.l.tru-!t~ tJP~
/ hJ
M/)~ ~AlA'< ~ ~ ~U::Eb ~\~-7\?-l 7r~\A/~"S
Ado :r?~L.ltt ~ fOlJ.7e-mA ~l
RECEIVED
JAN J 2 20U5
PlANNING DEPARTMENT
cnv OF CLEARWATER
Pdge 2 01 2
- JRIG1NAL
4 Property Values The landscape treatment proposed In the Comprehensive Landscape Program Will have a
be neflCla I Impact on the value of the property In the lmme<:hate VICinity of the parcel proposed for development
~ !Adv~ /~~ ~ \"'7 e:x 17-nl1:::i -A1.SD ~~
I
yJl&1 /' {..oW l1l!.--lL.te. 1T\:E ~ Of" e:-Wl4A:t.l::et>-EJlr cr:~ (t.1 Mr:\7cAn=.
YIQ.J rri" --n-h=:: LA~~ ~ WJI/L/ ILl ~ w en--\.- n-k::
?~ LXP'~Hx- 4>lJvONuJIUMC1Jnz::-::, ~ IYP?\~ ~~
C~E ~~ 1~~\.D1~~~1
VADL--\t=e-~ ~~ f:.:1:f!-A:.
5 SpecIal Area or SceniC Corndor Plan The landscape treatment proposed In the Comprehensive Landscape
Program IS conSistent wIth any special area or scenic comdor plan which the City of ClealWater has prepared and
adopted for the area In which the parcel proposed for development IS located
W t2r<1f711{~ ~ /~A~ N/)W::i MAl-WAL'A'[ AVE:
_ r "
V7COL~\'S>~~ Wl--n-t' L-k~ irP~ 1~-1~0'(
-rtl-e- Cr\':(.
~~ Christy Mer
\~) MyComll)lwonDD17~O
6,0-" E e 2
Please return checklist for reVIew and venflcatron
Date
I ~ltL(
{ (
r::&AP /J ~~ ~
(Signature of pphcant) -
RECEIVED
S application fonns/developm&nt revlowfcompRlhenslVG landscape program application doc
JAN 1 2 2005
PlANNING DEPARTMENT
CRY OF CLEARWATER
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View looking northeast at subject shopping center
from Mandalay A venue
View looking west at common southern property
line with CVS store
.
View looking south along Poinsettia A venue from
southeast comer of subject property
483 Mandalay Avenue
FLD2004-09072/TDR2005-0 1 0 15
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center an~parking lot from Poinsettia Avenue
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to subject property (Belle Harbor in background)
View looking southeast from Mandalay Avenue at
CVS store adjacently south of subject property
Page 1 of 2
View looking southwest at retail along Mandalay
Ave and Mandalay Beach Club beyond
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on north side of subject property
View looking south along west side of Poinsettia Ave.
(rear side of subject property) from Baymont St.
483 Mandalay Avenue
FLD2004-09072/TD R2005-0 1015
View looking west at commercial uses across
Mandalay Avenue from subject property
1- --
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View looking north at development along east side
of Poinsettia Avenue
Page 2 of 2
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CITY OF
CLEARWATER
loNG &\NGf PLANNING
DEVELOPMENT REVIEW
PIANNING DEPARTMENT
POST OFFICE Box 4748, CUARWATER, FLORIDA 33758-4748
MUNICIPAL SrRVlCFS BUILDING, 100 SOUTH MYRTLE AVl:NUE, CLEARWATER, FLORIDA 33756
rELEPHONE (727) 562-4567 FAX (727) 562-4576
Apn125,2005
Mr KeIth Zayac, P E
701 Enterpnse Road East, SUite 404
Safety Harbor, FL 34695
RE Development Order - Case Nos FLD2004~09072/TDR2005-01015
483 Mandalay Avenue
Dear Mr Zayac
ThIS letter constItutes a Development Order pursuant to SectIOn 4-206 D 6 of the Communrty
Development Code On Apnl 19,2005, the Commumty Development Board reVIewed your requests for
(1) FlexIble Development approval to pernnt a mixed use (proposed parlang garage and attached
dwellmgs m conjunctIon wIth eXlstmg retatl sales) wIth a reductIOn to the front (east) setback from 25
feet to 4 77 feet (to bUlldmg), a reductIon to the Side (north) setback from 10 feet to 2 91 feet (to
bUlldmg), reductIOns to the Side (south) setback from 10 feet to zero feet (to dumpster enclosure), from
10 feet to I 74 feet (to pavement) and from 10 feet to 26 feet (to bUlldmg), a reductton to the rear (west)
setback from 20 feet to 05 feet (to bUlldmg), to 10crease the bUlldmg heIght from 35 feet to 70 feet (to
roof deck) wIth an addItIonal four feet for penmeter parapets (from roof deck) and an addIttonal 16 feet
for rooftop pavlhon (from roof deck) and to pennlt a butldmg wlthm the vlslblhty tnangles, as a
ComprehensIve Infill Redevelopment Project, under the provlSIons of Section 2-803 C, and a reductlOn
to the WIdth of foundatIOn landscapmg along POInsettia Avenue from five feet to 477 feet, as a
ComprehensIve Landscape Program under the proVlslons of SectIOn 3-1202 G, and (2) Transfer of
Development RIghts of four UOlts from 656 Bayway Boulevard, under the provIsIons of SectIOn 4-1402
(TDR2005-01015) The Commumty Development Board (CDB) APPROVED the applicatIOns with the
followmg bases and conditIOns
Bases for Approval
1 The proposal comphes wIth the FleXIble Development cntena as a ComprehenSive Infill
Redevelopment Project per SectIOn 2-803 C,
2 The proposal IS m compilance wIth other standards 10 the Code mcludmg the General Apphcablilty
Cntena per SectIOn 3-913,
3 The proposal comphes with the Transfer of Development Rights per Section 3-1403,
4 The proposal comphes wIth Beach by DeSIgn, and
5 The development IS compatlble With the surroundmg area and WIll enhance other redevelopment
efforts
BRIAN J AUNGST, MA YQH-COMM!,SIOi'lFR
!-IOYl HAMil I OJ'" Vln lvtAYOR-COMMI~SIONLR WHI1NtY GIv\Y, COMMIS",OJ',I R
FRANK HIBBARD, COMMISSIONFR *' Bill JON~ON, COlhll1\SIOI'.I R
"EQUAl EMPLOYMr I'.' I AND An 1 RiV1A 1 IVI Ac I 101'.' EiVtl'l 01'1 R"
\,
Apnl 25, Z005
Zayac - Page Two
CondItions of Approval
1 That the final deSign and color of the buIldmg be consistent with the conceptual elevations submItted
to, or as modIfied by, the CDB,
2 That tenant storage Units on Level Seven be for storage only,
3 That the pavtlIOn on the roof be open-air and not be enclosed m any manner,
4 That the southern resIdent/emergency eXit dnveway be used for both Ingress and egress at
appropnate tImes dunng peak events,
5 That replacement tree calculations be revised, acceptable to the Plannmg Department, pnor to the
Issuance of any permIts,
6 That a special warranty deed. specdymg the number of dwellmg umts bemg conveyed or sold from
656 Bayway Boulevard and bemg transferred to this site, be recorded pnor to the Issuance of any
permits for this project The specIal warranty deed shall also contaIn a covenant restnctmg m
perpetuIty the use of all platted lots at 656 Bayway Boulevard due to the transfer of development
nghts Any mortgage holder of the sendmg Site (656 Bayway Boulevard) shall consent to the
transfer of development nghts pnor to the Issuance of any permits,
7 That all proposed uttlitles (from the nght-of-way to the proposed bUIldIng) be placed underground
CondUIts for the future undergroundmg of eXIstmg utlhtles wIthm the abuttIng nght-of-way shall be
mstalled along the entire sIte's street frontages pnor to the Issuance of a CertIficate of Occupancy
The appltcant's representative shall coordmate 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 appltcant's engmeer and the City'S Engmeenng Department poor to the
commencement of work,
8 That all eXIstmg nonconformmg freestandmg and attached Slgnage be brought mto conformance wIth
Code provISIOns pnor to the Issuance of the first Certificate of Occupancy for the attached dwelhngs
The Comprehensive Sign Program may be utlhzed to provide freestandmg and attached slgnage III
accordance with Code provISIOns,
9 That changes to the number and locatIOn of trash con tamers, trash rooms and enclosures, acceptable
to the Sohd Waste Department and other DRC members, be reflected on revised site and bUIldmg
plans pnor to the Issuance of any permits,
10 That dumpster enclosures meet Solid Waste Department size reqUirements and be consistent In
extenor matenal and color as the hotel buddmg,
11 That a condommlUm plat be recorded pnor to the Issuance of the first Certificate of Occupancy,
1Z That, pnor to the Issuance of the first Certificate of Occupancy, traffic Impact fees be assessed and
paid,
13 That all Parks and Recreation fees be paId pnor to the Issuance of any peomts, and
14 That all Fire Department reqUIrements be met poor to the Issuance of any permIts
You are also requested, since the property is more than one platted lot, to record a Declaration of
Unity of Title in the public records of Pinellas County within 30 days of the date of this letter. The
attached DeclaratIOn of Unity of Title document has been prepared for you for signature and
recording. The new Declaration of Unity of Title document requires the owners' signature to be
witnessed by two persons (whom also must sign the form) and be notarized pnor to recordmg.
Once the new Declaration of Unity of Title document is recorded, please submit a copy of the
recorded document to Wayne Wells for our records
...." .....
-I
Apnl 25, 2005
Zayac - Page Three
Pursuant to SectlOn 4-407, an applIcatIOn for a bulldmg permIt shall be made wlthm one year of FlexIble
Development approval (Apnl 19, 2006) All reqUIred certIficates of occupancy shall be obtamed wlthm
one year of the date of Issuance of the butldmg perrmt Time frames do not change wIth succeSSIve
owners The Commumty Development Coordmator may grant an extensIon of tIme for a penod not to
exceed one year and only wIthm the ongmal penod ofvahdlty The Commumty Development Board may
approve one addltlOnal extenSlOn of tIme after the commumty development coordmator's extenSIOn to
lllItIate a bUlldmg perrmt apphcatlOn
The Issuance of thIS Development Order does not relieve you of the necessIty to obtam any bUlldmg
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 bnng a copy of thIs letter wIth you when applymg for any
permIts or lIcenses that reqUIre thIS prIor development approval
AdditIonally, an appeal of a Level Two approval (FleXIble Development) may be lllltIated pursuant to
SectlOn 4~502 B by the applIcant or by any person granted party status wlthm 14 days of the date of the
CDB meetmg The filing of an apphcatlOn/notIce of appeal shall stay the effect of the declSlon pendmg
the final determmatIon of the case The appeal penod for your case expires on May 3, 2005 (14 days
from the date ofthe CDB meetmg)
If you have any questIOns, please do not heSitate to call Wayne M Wells, Planner III, at 727 -562~4504
You can access zomng mformatlOn for parcels wlthm the City through our webslte
www mvc1earwater comlgov/depts/olannmg *Make Us Your Favonte'
Smcerely,
~
Planmng Director
S \Planmng DeparlmentlC D BlFLEX (FLD)\/nactlve or FInished App/lcanonslMandalay 0483 Pelican Walk Garage (7) -
Approved\Mandalay 483 Development Order doc
.
PLANNING l,..:PARTMENT
100 S MYRTLE AVENUE, 2ND FLOOR
CLEARWATER, FL 33756
PHONE 727-562-4567, FAX 727~562-4865
DECLARATION OF UNITY OF TITLE
Property Owner BJE, Ine
Property Address 483 Mandalay Avenue
KNOW OF ALL MEN BY THESE PRESENTS, that pursuant to the ordmances of the City of Clearwater
pertalnmg to the Issuance of bUIlding permits and regulatmg land development activIties, the undersigned, bemg
the fee owner (s) of the followmg descnbed real property Situated m the CIty of Clearwater, County of Pmellas
and State of Flonda, to Wit
See attached ExhibIt "A"
do hereby make the followmg declaratiOn of condIttons, limitations and restnchons on said lands, hereafter to be
known and referred to as a DECLARA nON OF UNITY OF TITLE, as to the followmg parttculars
That the aforesaid plot or comblnatton of separate lots, plots, parcels, acreage or portIons thereof, shaH
hereafter be regarded as and IS hereby declared to be umfied under one title as an mdlvlslble bUlldmg
sIte
2 That the saId property shall henceforth be consIdered as one plot or parcel of land, and that no portlOn
thereof shall be sold, aSSigned, transferred, conveyed or devIsed separately except m ItS entirety, as one
plot or parcel of land
3 That thIS Declaratton of Umty of Title shall constttute a covenant to run With the land, as provided by
law, and shall be bmdmg upon the underSigned, and the heirs, successors and aSSIgns of the underSIgned,
and all partIes claImmg under them unttl such ttme as the same may be released In wntmg under the
order of the Clty Manager of the City of Clearwater The underSIgned also agree(s) that thiS mstrument
shall be recorded In the pubhc records of Pm ell as County, Flonda
Signed, sealed, witnessed and acknowledged thiS
at Clearwater, Flonda
day of
,20_,
WITNESSES
OWNER (8)
STATE OF FLORIDA
COUNTY OF PINELLAS
The foregOing Instrument was acknowledged before me thIS
,20_, by
on behalf of whom the mstrument was executed
day of
Notary Publle SIgnature
Name of Notary Pnnted
Notary CommIssIon Number
(SEAL ABOVE)
Personally known
or produced IdentificatIOn
Type of ldcn/J ficatlOn produced
S \Planmng Dcpartmenl\Apphcatlorl Forms\development revlew\Unlly of TItle DeclaratIOn 2005 doc
Wells, Wayne
From
Sent
To
Subject
Wells, Wayne
Wednesday, Apnl 06, 2005 8 15 AM
Keith Zayac (E-mail)
Pelican Walk Garage and Condos
Keith -
Based on the letter sent to the Mayor from Nickolas Ekonomldes, what changes In the application matenalls necessary, or
should we Just Include the letter In the package to the COB and speak of the change In position In the Staff Report? I am
trying to finalize my Staff Report, so I need to know as soon as possible Thanks
Wayne
1
Keith Zayac & Associates, Inc.
CIvil Engmeenng, Landscape Architecture, Plannmg
701 Enterpnse Road E , Ste 404
Safety Harbor, FL 34695
(727) 793-9888 Phone
(727) 793-9855 Fax
kelth@kelthzayac com
MEMORANDUM
TO
Pelican Walk Design Team
DATE:
03.30.05
RE
Pelican Walk Parking Garage
On Monday I met with Tom Glen to resolve the inSUffiCient solid waste container
requirements The best way to approach this IS to place (2) 17 yard compactors In the
proposed dum pste r sto rage a rea at th e north ern end of the bUild I ng We wou Id ca u se
us to loose one parking space due to the width of the compactor (793 feet + 2'{ side
for service = 11 93 feet) Furthermore we will be reqUired to have two addItional 4
cubic-yard roll-out dumpsters and a recycling area
. 17 yard compactor dimension 17'-10" L x 95 25" W x 104 25" H
. 4 cubic-yard roll-out dumpster 6' Lx 5' W x 5' H
Thank you,
Keith Zayac & Associates, Inc
/
I
Wells, Wayne
From
Sent
To
Subject
Richard Marcel [Rlchard@Kelthzayac com]
Tuesday, March 29, 2005 8 25 AM
Wells, Wayne
RE FLD2004-09072/TDR2005-0 1015 - 483 Mandalay Avenue
Deflnitely Wayne, I am ln the process of typlng up a memo for the
dumpster storage space and once I flnlsh you wlll deflnltely be CC on
lt I am gOlng to try to flnlsh thlS memo by noon
Thank you,
Rlchard Marcel
Kelth Zayac & AssoClates, Inc
-----Orlglnal Message-----
From Wayne wells@myClearwater com (mallto Wayne wells@myClearwater com]
Sent Tuesday, March 29, 2005 7 58 AM
To Rlchard@Kelthzayac com
SubJect FLD2004-09072/TDR2005-01015 - 483 Mandalay Avenue
Rlchard -
On March 21, 2005, I sent you an emall outllnlng two lssues needlng
reV1Slons on the plans One of the lssues was related to the dumpsters
We met on Frlday, March 25, 2005, and dlscussed the lssues We set up a
meetlng for you wlth Tom Glenn for 9 am on Monday, March 28, 2005
Could you let me know what was the outcome of your meetlng wlth Tom
Glenn and any revlSlons that wlll be made to the site/archltectural
plans? If there are any reV1Slons, when wlll they be submltted to me?
Wayne
1
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CITY OF CLEARWATER
PLANNING DEPARTMENT
POS1 OFFICE Box 4748, CLEARWATER, FLORIDA 33758-4748
MUNICIPAl. S[RVlcrs BUll DING, 100 SOIJfH MYII.lI r AnNulo, CI I:.ARWATER, FlORIDA 33756
THHHONIo (727) 562-4567 FAX (727) 562.4'576
loNG RANGE PlAN\(ING
O],:VUQPM[NT REvIFW
March 25,2005
Mr KeIth Zayac, P E
701 Enterpnse Road East, Smte 404
Safety Harbor, FL 34695
Re Commumty Development Board Meetlllg (Case Nos FLD2004-09072/TDR2005-01015)
Dear Mr Zayac
The Case Nos FLD2004-09072/TDR2005-01015 for (1) FlexIble Development approval to
pemllt a mixed use (proposed parking garage and attached dwellmgs m conjunction wIth eXIstIng
retail sales) with a reduction to the front (east) setback from 25 feet to 4 77 feet (to bmldmg), a
reductIOn to the sIde (north) setback from 10 feet to 2 91 feet (to bUIldmg), reductions to the sIde
(south) setback from 10 feet to zero feet (to dumpster enclosure), from 10 feet to 1 74 feet (to
pavement) and from 10 feet to 2 6 feet (to bmldmg), a reduction to the rear (west) setback from
20 feet to 0 5 feet (to bUIldmg), to mcrease the bmldmg heIght from 35 feet to 70 feet (to roof
deck) with an addItIonal four feet for penmeter parapets (from roof deck) and an additIOnal 16
feet for rooftop paVIlion (from roof deck) and to permIt a buIldmg wlthm thc VISibIlIty tnangles,
as a ComprehenslVe Infill Redevelopment ProJect, under the provIsIOns of SectIon 2-803 C , and
a reductIOn to the wIdth of foundatIOn landscapmg along Pomsettla Avenue from five feet to 4 77
feet, as a ComprehenSIve Landscape Program under the prOVIsIOns of SectIon 3-1202 G, and (2)
Transfer of Development RIghts of four umts from 656 Bayway Boulevard, under the provlSlons
of SectIOn 4-1402 (TDR2005-01015), for property located at 483 Mamlalay Avenue, has been
scheduled to be rev1ewed by the Commumty Development Board on Apn119, 2005
The meetmg wIll take place at 1 00 pm III the CIty Council Chambers, 3rd floor of CIty Hall at
112 S Osceola Avenue, Clearwater
If you have any questIOns, please do not heSItate to call me at 727-562-4504
Sincerely,
k>~ N.- t\. \0&9..
Wayne M Wells, AICP
Planner Hr
S IP!an",ng Depmlmenl\C D BIrLFX (FI D)lPendmg {'("esIUp Jor Ihe tle:./ CDBIMllmllllay 483 PelICan W'Ilk Garage (T) 4 1905 CDB .
WWIMm,d'llay 483 4 19 05 CDn Lellel doc
BRIAN J AlIN(;~T, Mi\'IOR COMMI~<;IONrR
I-lm I HAJljJI10N, Vln MAYOR COMMI~SIONI R \XfIlJ J l\LY GRr\\, Cmt\Il~"JONI R
~RANK HIBBARD COMMlS<;IONHl * Bill )ON<;ON, CO\tMI\~IONII(
"l:quAI hMPI OYMFNT AN]) AI 11I{i'IA I [VI ACTIO" LMPI Qll R"
Page 1 of 1
Wells, Wayne
From Wells, Wayne
Sent Monday, March 21, 2005236 PM
To 'Richard Marcel'
Ce, Glenn, Tom
Subject RE Pelican Walk
Richard -
Two additional Items
1 Please have Spencer's office revise Sheet P2 to provide access from the second Irving level breezeway to the
elevators and the trash chute, much like It IS shown on Sheets P3 and P4 Need 15 caples collated Into the sets
we have here
2 Tom Glenn with Solid Waste was here In my office We reviewed the currently submitted plans He IS saYing
the plans Will not work from a dumpster number and type situation, due to the current trash demand and
anticipated demand with the addition of the attached dwellings One, It IS unclear what tenants the northern
dumpster area on the site plan (Sheet C4) and architectural plan (Sheet A 1 1) IS serving, as there IS no access
from the inside area of the parking garage Two, the trash chute room on the ground floor IS too small Three, Will
the residents be recycling or not? If so, need to provide for thiS If not, discuss with Tom Glenn Four, there are
three dumpsters on the property today, plus a recycling dumpster for Outback There does not appear to be
sufficient dumpsters, size of dumpsters or type of dumpsters to adequately serve the property Is the southern
dumpster Intended to be a compactor dumpster? If so, It IS unclear If the area devoted to It IS sufflclent nor
whether the truck can get to It Strongly suggest getting with Tom Glenn qUickly to determine the adequacy of
trash containers and trash areas and make any (and all) changes to the site plans and bUilding plans/elevations
I Will need all revIsions In to my office fairly qUickly, as I should already have a Staff Report wntten as of thiS date
Call me (562-4504) or emall me If you need to
Wayne
-----Ongmal Message-----
From: Richard Marcel [mallto Rlchard@Kelthzayac com]
Sent: Monday, March 21, 2005 11'44 AM
To: Wells, Wayne
Subject: Pelican Walk
Mike,
I am waiting on Steve Spencer 10 get back Into his office to help me properly answer your questions Once
1 speak to Steve 1 Will emall you wlIh the results
Thank you,
Richard Marcel
Keith Zayac & Associates, Inc
701 Enterprise Road E , SUite 404
Safety Harbor, FlOrida 34695
Phone 727-793-9888
Fax 727-793-9855
3/21/2005
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CITY OF CLEARWATER
POST OFflCF Box 4748, CL~ARWATFR, FLORIDA 33758-4748
Tl:.IEPHON~ (727) 562-4750 FAX (727) 562-4755
Re Pelican Walk
February 23,2005
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PLANNING ~ - -- --. - --- - ,\ ~ ~ :
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PUBlIC WORKS
AoMINISTR....TION
Mr Keith Zayac, P E
Keith Zayac & Associates, Inc
701 Enterprise Road East, SUite 404
Safety Harbor, Florida 34695
Dear Keith
This letter IS to formally advise you that the Amended Agreement for Grant for construction of a
parking garage at the subject property will expIre on March 31, 2005 At that time the City has
the nght to prOVide written notice that the agreement has expired and has no further force or
effect
As desCribed In a February 1, 2005 emall to Steve Spencer, If It IS your client's Intention to
proceed with this project you must submIt a formal request for a time extensIon This matter
was discussed at the February 3, 2005 City Council meeting The Councllmembers
unanimously agreed that any further time extensions Include speCifIc milestone dates WhiCh, If
not met, would allow for termination of the Agreement The City proposes the follOWing
milestones
Community Development Board Approval
Submit BUilding Permit Application
Respond to BUilding Permit Comments
Commence Construction
Final Certificate of Occupancy
April 19, 2005
August 1, 2005
2 weeks after receipt
October 1, 2005
October 1, 2006
Please respond as to whether your client Intends to proceed with thiS project. and If so, are the
above milestone dates acceptable If you have any questions or need additional InformatIon.
please call me at 562-4743
~6~
Michael D QUIllen, P E
Engineering DIrector
cc Nickolas Economldes, P A
Pam Akin, City Attorney
Garry Brumback, ASSistant City Manager
Mahshld Arasteh, Public Works Admlnlstrator
Cyndl Tarapanl, Planmng Director
Scott Rice, Land Development Englneenng Manager
~RI\J',K 1I1mJARD, MAVOR
1'1111 J()~SON, Vll!: IvI/WOR
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FAX COVER MEMO
CITY OF CLEARWATER
PLANNING DEPARTMENT
100 s. MYRTLE AVE., 2nd Floor
CLEARWATER, FL 33756
(727) 562-4567 FAX: (727) 562-4865
TO: R, rH ~d<-
FAX: 77':1- f?rr
Phone:
FROM: /14" ;r~ /~#u I r!J Phone: r-C 2 - Y' J' 3 ,
DATE: ! -- J - 6 r SUBJECT: P4~, 'f -- () 9' 67 ::c
L/? 3 /1t~dy Av~
MESSAGE: '1
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;~~~~OA~ ~ ~15:-tv~.a- ~
NUMBER OF PAGES(INCLUDING THIS PAGE)
.J
CDB Meetmg Date
Case Number
Agenda Item
Owner/ApplIcant.
RepresentatIve:
Address
January 18. 2005
FLD2004-09072
E6
BlE. lnc
Keith Zavak. P .E
483 Mandalav A venue
CITY OF CLEARWATER
PLANNING DEPARTMENT
STAFF REPORT
UPDATE:
This agenda Item IS requested by staff to be contInued to the February 15, 2005 Comrnumty
Development Board meetmg to conSider reVised plan matenals and a Transfer of Development
RIghts (TDR) application. The revised plan matenals Will mclude reVISions to show adequate
vemcular turn movements and to address City of Clearwater staff comments.
GENERAL INFORMATION:
REQUEST:
Flexible Development approval to permit a mixed use (parkmg
garage and attached dwellIngs in conjunction With eXIsting retail
sales) WIth a reduction to the front (east) setback from 25 feet to
4.77 feet (to bUlldmg). a reduction to the side (north) setback from
10 feet to 2 91 feet (to buildIng), reductIons to the SIde (south) set-
back from 10 feet to zero feet (to dumpster enclosure), from 10 feet
to 1.74 feet (to pavement) and from 10 feet to two feet (to buIld-
Ing). a reductIOn to the rear (west) setback from 20 feet to 289 feet
(to buIlding) and to mcrease the buildmg heIght from 35 feet to 70
feet (to roof deck) With an addItional four feet for penmeter para-
pets (from roof deck) and an addJtiona116 feet for rooftop pavIlion
(from roof deck), as a ComprehenSive Infill Redevelopment Pro-
Ject, under the proVISIons of Section 2-803 C . and to reduce the
foundatIon landscapmg along POInsettia Avenue from five feet to
4.77 feet, as a ComprehensIve Landscape Program under the proVI-
SIons of SectIOn 3 -1202. G
EXISTING ZONINGI
LAND USE:
Tounst (T) DIstnct, Resort FaCIlities High (RFH) Category
PROPERTY SIZE:
1 68 acres; 73.379 square feet
PROPERTY USE:
Current Use Surface park:mg lot and retaIl sales
Staff Report - Connnumty Development Board - January 18. 2005 - Case FLD20Q4-09072
Page 1 of2
Proposed Use. MLXed use (parkmg garage and attached dwellmgs
III conjunction WIth eXIstmg retail sales)
ADJACENT ZONINGI
LAND USES:
North Tourist DIstrIct, Restaurant
East Tourist DiStrIct, Retail sales overmght accommodations
South: Tounst DiStrIct, RetaIl sales
West Tounst DIStrIct, Retail sales
CHARACTER OF THE
IMMEDIATE VICINITY: RetaIl sales and servIces, restaurants and overmght
accommodatIons dommate thiS area of Clearwater Beach
Prepared by Planrung Department Staff'
/#If ~ #1.. ~
Michael H Reynolds, AICP
Planner ill
S \PlaMUlg Department\C D BIFLEX (FLD) \Pendmg cases\Up for the next CDB1Manda/ny 483 Pelican Walk Garage (T) Wanda/ay 483
Contmuance Staff Report for / /8 05 CDB doc
Staff Report - Commumty Development Board - January 18, 2005 - Case FLD2004-09072
Page 2 of2
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CITY OF CLEARWATER
POST OFfICE Box 4748, CLEARWATER, FLORIDA 33758-4748
TELFPHONE (727) 562-4750 FAX (727) 562-4755
PuBliC WORKS
ADMINISTRATION
February 2, 2005
Mr Keith Zayac, P E
Keith Zayac & Associates, lnc
701 Enterprise Road East, SUite 404
Safety Harbor, Florida 34695
Re Pelican Walk Parking Garage
Dear Keith
This letter IS to provide comments on the latest submittal from Walker Parking made by fax
yesterday City staff and our consultant, Jim Ebert, have reviewed this submittal and It stili does
not address the fundamental concern with the residentIal garage entrance The locatron and
orientation of the stairwell continues to create a situation where entering traffic must make a
sharp nght turn WhiCh, If not executed perfectly. forces them Into the oncoming traffic lane
coming down the ramp It IS the City's as well as our consultant's, opinion that this IS an
unacceptable unsafe condition
It IS my understanding that suggestions have been made previously on Ideas to address this
concern These Included relocating the stairwell or turning It ninety degrees For some reason
It appears these were never conSidered Today we also discussed the POSSibility of "flipping"
the garage and putting the reSident entrance at the north and the public entrance at the south
The ramp could be SWitched to go up from north to south, rather than south to north as It
currently does, eliminating the conflict
City staff IS committed to workmg with your design team to arrive at a satisfactory solutIon which
Will prOVIde a parking garage safe for both the public and the condominIUm reSidents, however,
we cannot recommend proceeding with the current design Enclosed IS a letter from Jim Ebert
relteratmg these concerns, plus a chronology of the plan reView process showmg when these
concerns were given to your design team If you have any questions or need additional
Information, please call me at 562-4743
s~~
Michael D QUillen, P E
Engineering Director
cc
Bill Horne. City Manager
Mahshld Arasteh, Public Works Administrator
Cyndl Tarapam, Planning DIrector
Scott Rice, Land Development Engineering Manager
Wayne Wells, Planner fRANK HmOARD, i\1AYOR
Bill )ONSOI\, VIl[ NL\YOR
HoYT Hfiu\lll roN, COUNUI},JFMBFR
*
JOHr" DORAN, COllI'-CIL\I~MBtR
CAlli FN A PLi'lIeFI'-, COUNCII.MFMBloR
"[QUAI EMPI OYM~ N"J AND AI f1RMA TIVF ACTIO"" EM PI OYf R"
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E NGI N E EkS \ kC1l11 EeTS
I' Q rip ng f' I a nn I n g .& [)ep g n
February 2, 2005
Mr Michael QUillen, P E
City of Clearwater
Engmeenng Department
POBox 4748
Clearwater, FL 33758-4748
RE. Pelican Walk Garage
Dear Mr QUIllen
Over the past several months I have been reviewing the proposed parkrng garage schematic
layouts prepared by Spencer ArchItects ThiS IS per Timothy Haahs and Associates, Inc's
scope of services for the City of Clearwater
I have repeatedly raised the question of a potentially dangerous condition that eXists at the entry
and eXit lanes at the southeast corner of the garage, specifically
· Entenng drivers WIll be forced to make a sharp fight turn after passrng through the entry
lane gate, and If the tur n IS not perfect! y made, they a re forced I nto the opposite ( left
hand) lane of traffIC coming southbound dow n the ramp from above
· AdditIonally at thiS locatIon, there IS a solid wall (stanway) that blocks the enterrng
driver's line of Sight for the aforementioned down bound traffiC
· ThiS wall also blocks the line of Sight for down bound drivers to see entenng, oncoming
traffic
In several conversations With the Parking Consultant, thiS condition was discussed, and It was
agreed by both of us that the above created a "less than satisfactory" layout A reVised layout
by the Parking Consultant was later presented whIch attempted to mitigate these conditions,
however .n the opinion of the wnter, an unsatIsfactory, perhaps even dangerous, condition stili
remains The entry geometry and Visual driVing conditions must be corrected
Upon further review of these reVISions, I Will again adVise the City of my opinion
Very truly yours,
Z7 . ~r~ ~
E Jar6d Ebe~, P E
Executive Vice PreSident
550 Township L~ne Road
SUite 100
Blue Bell, PA 19422
Phone 484 342 0200
Fax 484 342 0222
'.wlWllmhaahs com
"
Pelican Walk Parking Garage and Attached Multi-family Residential Units
483 Mandalay Avenue; FLD2004-090nrrDR2005-01015
Timeline of Key Dates
Event
Date
. E-mall from LIsa FIerce, advlSlng staff of desIgn of project 5-24~04
to add 37 resIdential condommmm umts to the project, and
that the Council would be dlscussmg the project A
constructIOn deadlme of 3-31-05 IS anticipated
· Mcctmg wIth applIcant and CIty Plannmg and Engmeenng 6-16~04
staff City staff IS told of four levels of resIdential and 37
condommIUm umts as part of the structure Staff told by
apphcant that a plan/apphcatlOn foubmlttal wIll be made In
July (by 7-29-04) for a DRC meetmg on 9-9-04
· E-mail from LIsa FIerce to Steve Spencer as a summary of 6-24-04
pomts dIscussed at a meetmg wIth staff on the same day
The summary covered deSIgn aspects and mcluded a denSIty
calculatIOn With a maximum of24 dwellmg umts for the sIte
· Application and plans received for a parking garage and 28 9-29-04
residential units (two months later than the time of receipt
that City staff was told to expect on 6-16-04). DRC date to
determme sufficlency IS 11-12-04
· E-maIl from Cyndl Tarapam to Sue PhIllIps, Demse Wl)'wn, 10-27-04
Pam Akm, and other CIty staff, mdlcatmg SIX pomts of
msufficlency but that It wa<; pO~folble for the applIcant to make
applIcatIOn and plan reVISIons to address msufficIency
comments for a December 2,2004 ORC meetmg
· ORC Meetmg Applicant told that staff comments needed to 11-12-04
be addressed and that the proposal would -aeain be considered
bv the DRC on 12-2-04. savine the applicant three weeks of
what would be reeular scheduline: - placement on the
12-23-04 DRC meetine (rescheduled to 12-30-04). The DRC
comments included a Traffic Eneineering comment
"Demonstrate that column locations provide adequate turnin!! radius to
accommodate all vehicular mobility without encroaching into other
traffic."
· E-mail to Keith Zayac - When it was determined that the 11/19/04
City's JJarkim! consultant had not reviewed the plans
submitted for DRC review. E-mail sent inQuirinl!. if plans
had as yet been submitted to Jim Ebert (City's traffic
consultant for this proiect).
. Email to Keith Zayac reiteratinl!. the requirement that 11/24/05
AU plans must be reviewed and approved by our
consultant prior to submittal to the ORe.
. DRC Meetmg RevIslOns reviewed ApplIcant told that plans 12-02-04
and applIcatIon need further work A resubmlttal deadlIne of
12-08-04 IS given Included same comment as in 11/12/04
rel!.ardinl!. vehicle turDiD!! movements and requested
that vehicle movements paths be added to drawin!!s to
demonstrate safe turDm!! movements.
. Revl~Ion~ are received DRC staff gIven untIl 12-14-04 to 12-08-04
reVIew the revised matenal These revisions resulted in the
followine comment "The vehicle path shown on Sheet A1.l
indicates vehicles startin!! to turD prior to the card reader
and encroachine into the lane for traffic travclinl! down the
ramp. This is a problem for safe operation of the !!araee
and must be addressed prior to COB."
. Email from Jim Ebert (City Parkin!! Consultant) to Jerrv 12/1 0104
Koski (Owner Parkine Consultant) reiteratine the 12/8/04
comment from us and statioe "There is no sieht
trian1de as the stair blocks the vision - both ways".
· Development RCVICW Manager makes declSlon to 12-17 -04
place Pehcan Walk on the January 18, 2005 CDB
agenda to meet agenda fihng deadhne and because
It wa<; belIeved by staff as posslble for the applIcant
to dddress staff concerns wlthm a short turnaround
hme
· Updated City stafT comments are faxed to KeIth Zayak 12-20-04
. Steve Spencer and KeIth Zayak meet WIth MIke 12-29-04
Reynolds to reVlew staff comments Mlke Reynolds
asks applIcant representatIves how the attachcd umt
count of "28" was proposed, when denSity by code
only allows 24 umts for the site ApplIcant responds
by statmg that a Transfer of Development RIghts (TOR)
was already estabhshed for thl5. site and refers to past
eommumcatlOns WIth other CIty staff Mlke Reynolds
,.
states that no TDR applIcatIon was ever filed for the site,
and that a TOR applicatIOn will need to be notIced to the
publIc, as an agenda Item
ApplIcants gIven untIl I-I 0-05 to file a TOR applIcatIOn
and to stIll address staff comments mostly pertammg to
vehicular tummg movements wlthm the parkmg garage
The January 1 0 deadline date was given for contmuance to
the 2-15-05 CDB meetmg agenda
. ApplicatIon/pian revisions and TDR application received 1- I 0-05
. Submittal found not acceptable by staff TDR applIcatIOn 1-11 ~05
1S mcomplete and vehIcular traffic deSign remams
flawed
Mike Reynolds and Scott Rice meet with project agent
Keith Zayak. Staff concerns ree:ardinl! resident entrance
al!ain discussed in this meetinl!. Mike Reynolds and Scott Rice
bnef CyndI Tarapam on the status of the apphcatlOn to date
Cyndl Tarapam supports gtvmg the applIcant an add1ttonal day
to address the concerns (that If concerns are addressed the
applicant can contmue to the 2-15-05 COB meetmg)
. Applicant given one additional day to submit acceptable
revisions and documentation.
. Applicant submIts plan reVISIOns and TDR appltcatIOn
documentatJ on
. Staff completes review of applIcant's submIttal
. Mike Reynolds, Scott RIce, Chip Gerlock, and CyndI
Tarapam meet to reVIew apphcahon statu~ It IS
determmed that the project IS mcomplete due to an
mcomplete TDR applt(..ahon (no sealed survey for the
sender sIte) In addItIon, the staff remams concerned
With a dangerous parking garage vehicular movement
design. The applicant's agent, Keith Zayak, is notified
bye-mail that City staff will request that the CDB
contmue the FleXIble Development and Transfer of
Development RIghts (TDR) apphcatlOns to a date
uncertam for the aforementlOned reason
1-11-05
1-12-05
1~13-05
1-14-05
c"
· The Commumty Development Board contmues the project 1-18-05
to a date uncertam
· Conference call includine: Tracev Bruch. Paul Bertels. 1-20-05
Scott Rice. Jim Ebert and Jerry Koski. Problems with
the resident entrance were thoroue:hlv discussed
potential solutIOns were: 1) Movine or tumine staircase
to increase sight distances and/or 2) redesiming entrance
to provide additional turning radius.
· Staff (MIke Reynolds, Scott RIce, and Wayne Welb) meet 1-21-05
WIth the apphcant (Louts Anastasopoulos, John Pralb, KeIth
Zayak, Steve Spencer, and Jerry Koski) regardmg changes
necessary m order to be placed on the next avaIlable CDB
- agenda (anttclpated to be 3 -15-05) The appltcant IS told that
2-3-05 IS the submIttal deadlme for the March 2005 CDB meetmg
At this meeting Jerry Koski claimed that the entrance
was adequately desil!Jled although he agreed with the
chanl!es proposed in the previous day telephone call.
Steve Spencer was adamant that the stair case could not
be modified. Applicant ae:reed to redesie:D entrance
and fax to us for preliminary approval.
· Fax from Jerry Koski with revised entrance desien.
This desil!n still results in vehicles encroachine into
the oncominl! lane at the resident entrance and
includes flexible bollards that result in obstructions
for vehicles not turnine: rIeht.
lI2t/05
. Email to Steve Spencer and Keith Zayac identifVIDe
our continued concerns with the safety of the resident
entrance. (See 1121/05) concerns.)
1/28/05
· Fax from Jerrv Koski with a redesil!ncd entrance that
Provides lust enoueh maneuverinl! room to complete a
turn from the entrance up the ramp. There is little room
for error bv the driver of an averal!C vchicle without
encroachine: into the oncominl! lane
1/31/05
u
FAX COVER MEMO
CITY OF CLEARWATER
PLANNING DEPARTMENT
100 S. MYRTLE AVE., 2nd Floor
CLEARWATER, FL 33756
(727) 562-4567 FAX: (727) 562-4865
TO: /tj-~ /ltdrc(-?(' c1r I(e~ ~dC
FAX: 79J- fl'rr
Phone:
FROM: /l1//r€. f('yA./\/ dr
DATE: I - ~ - 6 )" SUBJECT:
Phone: H'z -l.f P Jb
MESSAGE:
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NUMBER OF PAGES(lNCLUDING THIS PAGE)
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Planning and Development Services
100 South Myrtle Avenue
Clearwater, Flonda 33756
Telephone 727-562~567
Fax 727-562-4576
CI-- ,#:
DATE RECEIVED'
RECEIVED BY (staff Initials).
ATLAS PAGE #
ZONING DISTRICT
LAND USE CLASSIFICATION
I ~ Clearwater
o SUBMIT ORIGINAL SIGNED AND NnTARIZFD APPLICA nON
ZONING & LAND USE CLASSIFICATION OF
ADJACENT PROPERTIES'
NORTH I
SOUTH I
WEST I
EAST, I
o SUBMIT 1 COPY OF THE ORiGINAL APPLICATION mcludmg folded site plan
COMPREHENSIVE LANDSCAPE PROGRAM REQUIREMENTS
(Revbe4 '11912001)
D. APPLICANT, PROPERTY OWNER AND AGENT INFORMATION: (Code Section 4~1001)
APPLICANT NAME
MAlUNG ADDRESS'
PHONE NUMBER'
FAX NUMBER
PROPERTY OWNER(S):
(Must Include ALL owners)
AGENT NAME (Contact Person)
MAILING ADDRESS
PHONE NUMBER:
FAX NUMBER:
The landscaping requirements of Article 3 Division 12 may be waived or modified as a part of a Level One or
Level Two Approval, as the case may be, if the application for development approval includes a Comprehensive
Landscape Program, which satisfies the following criteria. The use of landscape plans; sections/elevations,
renderings and perspectives may be necessary as supplementary information in addition to the information
provided on this worksheet:
1 Architectural Theme
a The landscaping In a Comprehensive Landscape Program shall be deSigned as a part of the architectural
theme of the pnnclpal buildings proposed or developed on the parcel proposed for the development
OR
b The design, character, location and/or matenals of the landscape treatment proposed In the Comprehensive
Landscape Program shall be demonstrably more attractive than landscaping otherwise permitted on the parcel
proposed for development under the minimum landscape standards
2 Lighting Any lighting proposed as a part of a Comprehensive Landscape Program IS automatically controlled so
that the lighting IS turned off when the business IS closed
3 Community Character The landscape treatment proposed In the Comprehensive Landscape Program will
enhance the community character of the City of Clearwater
P J(je 2 01 3
4 Property Values The Jandsca, aatment proposed In the Comprehenslv ldscape Program will have a
beneficial Impact on the value of the property In the ImmedIate vIcinity of the pal....d proposed for development
5 Special Area or Scenic COrridor Plan The landscape treatment proposed In the Comprehensive Landscape
Program IS consistent with any special area or scenic corndor plan which the City of ClealWater has prepared and
adopted for the area In which the parcel proposed for development IS located
Please return checklist for review and verification
6 That (I/we), the underSigned authority, hereby certify that the foregoing IS true and correct
Property Owner
Property Owner
ST ATE OF FLORIDA,
COUNTY OF PINELLAS
Before me the underSigned, an officer duly commissioned by the laws of the State of Flonda,
on thiS
, personally appeared
Deposes and says that he/she fully understands the contents of the affidaVit that he/she Signed
day of
who havmg been first duly sworn
My CommisSion ExpIres
Notary Public
S apphcatlon forms/development review/comprehensive landscape program application doc
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u
FAX COVER MEMO
TO:
CITY OF CLEARWATER
PLANNING DEPARTMENT
100 S. MYRTLE AVE., 2nd Floor
CLEARWATER, FL 33756
(727) 562-4567 FAX: (727) 562-4865
!l4,U ~d
7~:3 --- 9?rr
FAX:
Phone:
FROM: fit/I(a ~P1<:> I drf Phone: Jb;L - t../? J k -
DATE: /:;1.... M-D f./ SUBJECT: ~ 200lF' - () f'D7 1-
y/J h M/~L.I-y' A-,/~
MESSAGE:
(Oft. ~ ~ ~ k/Ltf' c..o/lt'i1~_
NUMBER OF PAGES (INCLUDING THIS PAGE) r
Reyl.lolds. Mike
From
Sent
To
Cc
Subject'
"
,
Rice, Scott
Thursday, December 16, 2004 930 AM
Reynolds, Mike
Bruch, Tracey, QUillen, Michael
FLD2004-09072 - 483 Mandalay Avenue - Pelican Walk
Mike,
Englneenng has completed revIew of the resubmlttal for the subject application The conflict between vehicles entenng the
garage at the resident entrance and vehicles traveling down the ramp has not been resolved The follOWing Traffic
comment has been added to Permit Plan
"The vehicle path shown on Sheet A1 1 indicates entenng vehicles starting to turn pnor to the card reader and encroaching
Into the lane for traffic traveling down the ramp ThIS IS a problem for safe operahon of the garage and must be addressed
prior to COB"
ThiS Issue must be resolved before the project can go to COB
D. Scott Rice
Land Devel. Engr. Manager
727-562-4781
scott.rice@MyCleatwater.com
m--Onglnal Message-----
From: Reynolds, Mike
Sent: Thursday, December 09,2004620 PM
To: DRC Dlstnbubon List, DRC Members
Ce' Watkins, Sherry
Subject: ORC Resubmlttals (from the December 2, 2004 DRC Meeting)
DRC Members,
Plans for the follOWing cases have been resubmitted for the 1/18/05 CDS meeting
1 FLD2004-09072, 483 Mandalay Avenue,
2 FLD2004~10075, 21557 US HWY 19,
Pelican Walk
Drew Street Retail Center
I have placed one copy of the case resubmlttal package on the cabmets outSide of Room 216 In our office for your
review (please do not take It, as we need It for the COB mall out) Please review your comments/conditions for
thIS case In Permit Plan and determine if they are met. Whether the condItions are "met" or stili "not met,"
please affirm to me via emall Please have these cases reviewed, If pOSSible by 400 pm on Tuesday, December 14,
2004
Thank you
Mike Reynolds, AICP
Planning Department
1
Conditions Associated With
FLD2004-09072
483 MANDALAY AVE
landscape
11/23/2004
Arden Dittmer
562~4604
no Issues
Not Met
land Resource Condition
Rick Albee
562-4741
10/22/2004
11/18/04-Palm removals equate to 1" only, replacements also equate to 1" only Revise prior to Not Met
BUlldmg Permit
10/22/04-Revlse tree removal calculations, all trees rated 2 or below do not require replacements
and all palm trees are replaced at one Inch each ProvIde prior to bUlldmg permit
Parks & Recs Condition Initials MIssing Initials MIssing
12/14/2004 Open Space and Recreation Impact fees are due prior to Issuance of bUilding permits or final plat Not Met
(If applicable) whichever occurs first These fees could be substantial and It IS recommended that
you contact Deb RIchter at 727-562-4817 to calculate the assessment
Solid Waste Service
12/01/2004
Initials MISSing
Initials MISSing
Not Met
Enclosure not to Spc Explain how condo units will dispose of trash, how will they recycle, Show
how eXlstmg retaIl Will dispose of Solid Waste and Recycling
12-01-04 Is the "roll-out Dumpster" on the South Side a compactor? It IS unclear If not there IS
Inadquate service
TraffiC Eng Condition Bennett Elbo 562-4775
10/27/2004 1 Parking garage deSign on cIvIl plans and architectural plans do not match MET Not Met
2 All parking spaces and dnve aisles must meet current city standards I e for a 90 degree parking
stall It must meet minimum dimenSions of 9' Wide by 19'Iong with a 24' Wide drive aisle 185'
DIMENSION AS SHOWN ON THE SITE PLAN IS ACCEPTABLE WITH THE CITY ENGINEER
10/28/2004 - PROVIDE DIMENSIONS FOR PARKING STALLS ON FLOORS 2-3-4 12/1/04-
SHEET A1 1 INDICATES STALL DEPTH 17 5', BUT SHEET A1 3 SHOWS 18 5' TYPICAL,
PLEASE CLARIFY
3 All disabled parking stalls must comply With current city standards (Width, accessible aisle and
columns In aisle) MET
4 PrOVide a detail of the disabled parking stall and Sign SEE COMMENT #2 FINE AMOUNT IS
INCORRECT - SHOULD BE $255 12/16/04 - met
5 All disabled parkmg stalls must be strategically located close to an accessible entrance MET
6 All levels of parkmg must meet reqUired A D A height clearance (8' ~ 2) for handicap vans MET
7 Show accessible path from parkmg garage to connect retail bUlldlng,condo and public
Sidewalks NEED ACCESSIBLE PATH FROM GARAGE TO SIDEWALK ALONG POINSETTA
STREET 12/16/04 - thiS Will reqUire additional review at bUilding permit
8 General Note Garage supports such as walls and columns must not Intrude Within parkmg stall
dimenSions (Community Development Code Section 3~1402) ACKNOWLEDGED
9 General Note Garage supports such as walls must not Impede driver's Sight VISibility when
backing out of parkmg space (Community Development Code Section 3~1402)
ACKNOWLEDGED
10 Columns must not Intrude Into the disabled parkmg access 8lsle Chapter 11 Flonda BUilding
Accesslblhty Code, Section 11-463 MET
11 Demonstrate that column locations prOVide adequate turning radIUS to accommodate all
vehicular moblllty Without encroach Ing Into other traffiC VE H I CLE PATHS NOT CONTI N UO US
RIGHT TURN ONTO RAMP AT SOUTHWEST CORNER OF GARAGE DOES NOT APPEAR TO
SA TI SFY TH IS CON D ITI 0 N 12/16/04 ~ The vehIcle path shown on Sheet A 1 1 Indicates vehicles
startmg to turn prior to the card reader and encroacmg Into the lane for traffiC traveling down the
CaseCondltons
Print Date 12/20/2004
Page 1 of 3
FLD2004-09072
483 MANDALAY AVE
Traffic Eng Condition Bennett Elba 562-4775
ramp This IS a problem for safe operatIon of the garage and must be addressed pnor to CDS
12 Show location of parking ticket dlspenser(s) MET
13 Show stacking for 1 8' vehicle with 2' gap between vehicles entering the parking garage at the
ticket dIspenser at all entrances Stacking for a minimum of two vehicles at the main entrance and
one at the condominium entrance MET
14 Sight vIsibility triangles are not dIsplayed correctly Please refer to the community
development code for correct placement Page CD330 MET
15 Remove bUilding structures such as walls that are within the sight vlslbllty triangles or
re-deslgn bUilding wall where motonst's line of sight IS not obstructed THUS MUST BE
INCLUDED IN REQUEST
16 Paint stop bar and the word "stop" at the bottom of ramp located near the condominium's
driveway MET
All of the above to be addressed prior to CDS
TraffiC Impact Fees to be determined and paid prior to CO
Prior to bUilding permit
1 Show lighting and drainage plan
Zoning Condition Mike Reynolds 562-4836
10/26/2004 How many parking spaces are dedicated to the residential component of the sIte? Not Met
State thiS Information wIthin the site data table Update (11-28-04) ThiS Item IS stili not
addressed Please provide the Information within the site data table Also explain the difference
between reSident parking and reSIdent accessible (see Sheet A1 1) Update (12-9-04) Explarn
the difference between res Ident parkmg and reSident accessl ble (see Sheet A 1 1)
10/26/2004 Improve the clanty of the location map Update (11-28-04) ThiS comment IS stili not addressed Not Met
Update (12-9-04) ThiS comment IS stili not addressed
1012612004 Improve the Index sheet (expand It to rnclude parking level sheets) Update (11~2a-04) ThiS Not Met
comment IS stili not addressed The Index sheet should account for all sheets Within the site plan
and architectural plans set Update (12-9-04) ProvIde an mdex sheet for the architectural plans
10/2612004 At rooftop level (see roof plan drawmg), show the pool, deck, and recreational area In detail Not Met
Update (11-28-04) ThiS com ment IS stIli not add ressed W here IS the walkway to the pool? Are
the roof top pavlhons connected to the pool by a walkway?
1 0/2612004 label the access Islands at level one With In the garage Update (11-28-04) ThiS comment IS stili Not Met
not addressed
10/2612004
1 0/2612004
10/27/2004
10/27/2004
1210112004
label parkmg space dImenSions (typlcals) per floor Update (11-28-04) ThiS comment IS stIli not Not Met
addressed Parking space Width needs to be labeled If parking space dimenSion typlcals are for
all parking levels, state as a plan note on sheet A1 3 Update (12-13-04) ThiS IS sbll not
addressed, even though the applicant's letter of transmittal Indicates such
label and show all pedestnan ways With In the garage (each level) Update (11-28-04) Th IS Not Met
comment IS stili not addressed Update (12-13-04) ThiS comment IS stili not addressed
The project as submitted makes It difficult to determme If It IS consistent With Beach by Design Not Met
Update (11-28~04) ThiS comment IS stili not addressed ProVide a summary as to how the project
design IS conSistent With Beach by DesIgn
The garage floor plans need to show maneuvenng space (typlcals by floor) With dimenSional Not Met
arrows, labeled In linear feet Update (11-28-04) Th IS com ment IS stili not addressed Only level
three shows thiS detaIl Update (12-13-04) ThiS comment IS stili not addressed
Site Plan Sheet C-4 IndIcates 74 parking spaces on the Ground level There appear to be 72 Not Met
spaces shown for thiS level on the site plan drawmg (same sheet) Please check thiS Update
CaseCondltons
Print Date 1212012004
Page 2 of 3
FLD2004-09072
483 MANDALAY AVE
Zoning Condition Mike Reynolds 562-4836
(12-13-04) Counting the spaces on Plan Sheet C-4 results In a total of 72 parking spaces
Please correct the number of spaces as stated In Plan Note # 14 (presently reads 74) or correct
the drawing showing the Ground Level (Sheet C-4)
12/01/2004 See Beach by Design, Design GUIdelines, B Height, Item number 3, address the f100rplate limit
12/01/2004
12/01/2004
12/01/2004
12/01/2004
12/01/2004
12/20/2004
12/20/2004
Not Met
See Beach by Design, Design GUidelines, C Desrgn, Scale and Mass of BUildings, Item number Not Met
2 , address the uninterrupted bUilding plane limit for the west and east elevations and adjust the
design
See Beach by Design, DesIgn GUidelines, C Design, Scale and Mass of BUildings, Item number Not Met
3, address the windows or archltectural decorations minimum for the north and south elevations
and adjust the design
See Beach by Design, Design GUidelines, C Design, Scale and Mass of BUildings, Item number Not Met
4, show, by a drawing, how the 60 percent of maximum bUilding envelope limit on occupancy by a
bUilding IS met
See Beach by Design, Design GUidelines, D Setbacks, Item number 1 , conSider a 10 foot wIde Not Met
sidewalk along POinsettia Street, with the exception to the stop bar and VISibility tnangle areas
See Plan Sheet P5 Label the feature that IS to the fight or north of the garage entrance and Not Met
column Update (12-13-04) Stili not addressed to date
There IS a discrepancy between the site plan and the application form (Attachment A) as to Not Met
bUilding height Site Plan 84 feet, 9 Inches, Application 92 feet, 10 Inches
Edit the application request to read FleXible Development approval to permIt a mixed use Not Met
(parking garage and attached dwellings In conJunctlon with eXisting retail sales) with a reduction to
the front (east) setback from 25 feet to 477 feet (to bUilding), a reduction to the side (north)
setback from 10 feet to 2 91 feet (to bUilding), reductions to the side (south) setback from 10 feet
to zero feet (to dumpster enclosure), from 10 feet to 1 74 feet (to pavement) and from 10 feet to
two feet (to bUilding), a reduction to the rear (west) setback from 20 feet to 2 89 feet (to bUilding)
and to Increase the bUilding heIght from 35 feet to 70 feet (to roof deck) with an additional four
feet for penmeter parapets (from roof deck) and an additional 16 feet for rooftop paVIlion (from
roof deck), as a Comprehensive Inflll Redevelopment ProJect, under the provIsions of Section
2-803 C , and to reduce the foundation landscaping along POinsettia Avenue from five feet to 4 77
feet, as a ComprehenSive Landscape Program under the provISions of Section 3-1202 G
CaseCondltons
Pnnt Date 12/20/2004
Page 3 of 3
,
Keith Zayac & Associates" Inc.
CIVIl Engmeenng, Landscape Architecture, Plannmg
70 I EnterprISe Road E , Ste 404
Safety Harbor, FL 34695
(727) 793-9888 Phone
(727) 793-9855 Fax
kelth@kelthzavac com
December 7, 2004
Mr Michael Reynolds, AICP
City of Clearwater
100 S Myrtle A venue
Clearwater, Flonda 33756
ORIG1NAL
IRECE~VED
DEe 0 B 2004
Re: FLD 2004-03018: Pelican Walk Parking Garage
PLANNING DEPARTME!\lT
CITY OF CLEARWAT[~R
Dear Mr Reynolds
Enclosed you wIll find 15 sets ofrevlsed plans and attachments mcludmg the followmg changes
General Engineering
1 The archltectural drawings and civil drawings do not match
The architectural plan and civil plans have been coordinated.
2 The archllectural drawmgs, Sheet All, shows 353 parking spaces provIded and the
CIVIl plans show 353
The architectural plan and civil plans have been coordinated.
3. The architectural plans show two gated mgress/egress drIve alsles whzle the CIVIl plans
only show the most northerly mgress/egress havmg a control gate
The Civil plans on sheet C4 shows two gated entrances One IS for resIdents to enter
into the parkmg garage The other entrance IS for all other traffic.
4 The architectural drawmgs show sldewallG leadmgfrom stalr tower to curb, whIle the
CIvil drawmgs show sidewalk bemg extended to ba(k-af-sldewalk. DeSIgn should not
encourage mid-block crossmgs due to safety rea.5>ons
Walker Parking plans have been revised to correspond with the Civil plans.
5. The archllectural plans show columns bemg (onstructed wIthm drive alsles and
parlang spaces
The plans have been revised so that parking spaces are not located within building
columns.
6 Where do SerVlLe and dehvery vehlcles park'!
On sheet C4, a loading zone located off of Poinsettia Street. The loading zone will
have a sign stating, "No Parking"
7 Show how the reSidents access the rooftop pool and all relatedfunctwns around the
pool
Tenants will be able to access the roof top amenities either by using the elevators
or stairs.
.
ORIGINAL
8 Exhlba "C" (10)(B) states the floor plates above 42ft are 28,200 sq ft which does not
meet design altena
Please see exhibits attached to the submittal application.
9 ExhibIt "e" (lO)(D) states that setbacks along local street.\ .should be 12ft and the
proposed structure IS only 5 fi from the rzght-ol-way of POinsettia St
A variance will be applied for on the reduction.
10 The architectural plans Sheet P J shows the watersIde balcony extendmg
approxImately 36 fi beyond the exterlOr wall wh,le a dimensIOnal note for the
waterSIde balcony IS 10'x30'
Please see revised sheet PI-the notes have been corrected, the open deck occurs on
the 1st living level only.
11. Need to verifY where the existmg 6" clay pipe runs through the south end of the
property It serves
The existing 6" clay pipe continues to service the properties south of the proposed
parking garage. Refer to sheet C5 for sanitary sewer route.
12_ Need to show to where the eXlstmg grease traps are bemg relocated
The grease traps located on-site, are proposed to remain in their existing location
and will continue to service the restaurants. Please refer to sheets C3 and C5.
Vehicles will gain access through tbe existing pavement under the proposed
parking garage.
13 The eXisting gas meters may need to be relocated at the apphcant's expense
Note number 9 on sbeet CS was added to tbe plans and states, "Existing gas meter
to be relocated at owner's expense."
14. The eXlstmg bacliflow devlce(s) will have to be relocated outside the bUlldmg envelope
and stay wlthm the boundarzes of thIS property ownership
The existing backflow devices are proposed to remain in tbeir current location,
since they are under an overbang. The backflow preventer along Poinsettia is to
be relocated at owners expense.
15. The proposed stop SIgnS appear to be behmd walls of the parkmg garage
The RI-l stop sign locations are revised to be mounted on tbe wall before existmg
tbe garage.
16 Need to Install the F D C on przvate property and meet Fzre Department's
requirements
On sheet C5, the FDC connection will be installed at the northwest corner of the
property 15 feet away from the building and located 40 feet within a fire hydrant.
17. Need to proVIde enoughfire hydrant assemblles along all rzghts-ol-way to meet Fzre
Department's reqUlrements
00 sheet C5, installation of three fire hydrants are proposed to be installed and
located off of Poiosetta Street.
18. The eXlstmg fire hydrant assembly south of the stru( lure IS shown on the west sIde of
POlnsettlO Street whIle the Cay's atlas show.s It on the east SIde Engmeer to verifY
locatwn and show the dIstance from the property
The existing fire hydrant from the west side of Poinsetta Street is removed.
19 The dvtl plans :>.how a 25 ft +/-dumpster stagmg area/access ramp/parkmg spaces
Need to create a much smaller stagmg area /lke the architectural drm;r~gS"sJ'olfiE nVlE D
The staging area has been reVIsed to match the archItectural plans ~ fC ~ b U rb
DEe 0 8 2004
PLANNING DEPARTMENT
CITY OF CLEARWATER
22.
23
24
,
25
26
.
ORIGI~~AL
20
How do the empty dumpsters rotate m and out of condomlmum trash enclosures?
Roll-out dumpsten will be on wheels
Provide de ta tI for samtmy connectIOn at south end of butldmg to provide contmuou~
samtary sewer service to propertIes lymg south of this project
It is proposed to remove the existing sanitary service through the project site only.
The existing manholes will remain and continue to service properties located
north and south of the subject property. The new sanitary line will be constructed
prior to abandonment of the existing line per the additional note on the utility
plan.
ProVIde detatls of proposed water and samtary connectIons
The building will use existing sanitary and sewer connections already on site.
Refer to sheet CS for details.
On Sheet C.5, what does the note "Cut and Repair" refer to?
On sheet CS, the note which states, "Cut and Repair" has been changed to read
"saw cut & replace existing asphalt".
What IS the clear vertIcal heIght of the first floor above the relocated samtary Plpelme?
Refer to the architectural plans for elevations.
Proposed hydrant assembhes and fire lme to buzldmg cannot be connected to a
reclaimed water pIpeline
The hydrants have been revised to connect to the existing water line along
Poinsettia.
To comply WIth Beach by DeSIgn pubhc sIdewalks along Pomsettza shall be 10 feet
wide
The sidewalk has been revised to 10 feet wide where possible.
21
EnVironmental
1. No Issues
Harbor Master
Legal
No Comments
No Comments
Land Resources
Landscapmg
1 ReVise tree removal calculatIOns, all trees rated 2 or below do not reqUIre
Replacements and all palm trees are replaced at one mch each Provide pnor to
Buzlding permit
On sheet L 7, the tree removal calculations have been revised to exclude all trees
under 2" d.b.h.
RfEC[E~V~D
DEe 08 2004
PLANNING DEPARTMENT
CITY OF CLEARWATER
.
URIGlf~AL
1 No Comments
Parks and RecreatIOn
1 Open Space and RecreatIOn Impact fees are due pYlor to Issuance of buddmg perm lis
or final plat (if applzcable) whIchever occurs first These fees could be substantial and
It IS recommended that you contact Deb Richter at 727-562-4817 to calculate the
assessment
Storm water
I. Are eXlstmg ponds and storm water system bezng modified?
The proposed pond and storm water system is to remain intact without any
change, except for the contractor to clean-out the storm system and regrade pond.
2 Place a note on the plans for the contraaor to regard pond and clean out eXlstmg
structures if they are to remazn
Please see note on sheet C5 number 19 which states, "Contractor shall regrade
pond and and cleanout all the existing storm structures on-site."
3 D,rect all runoff from the garage to the pond These need to be addressed prIOr
to CDB
On sheet C5 note number 18 has been added and state, "All storm water run-off
will be directed towards retention pond." Additional information regarding roof
leaders and drainage patterns will be added prior to permitting.
Solid Waste
1 Enclosure not to Spec Explazn how condo Units Will dispose of trash, how Will they
recycle Show how eXlstzng retaIl WIll dispose of Solid Waste and Recyclzng
Condo units will dispose oCtrash and recycling via the supplied trash chute.
The existing retail will continue to use the existing method for disposing trash
and recycling.
Traffic Engmeenng
1 Parlang garage deSIgn on CIVIl plans and archItectural plans do not match
The architectural plan and civil plans have been coordinated.
2 All parking spaces and dYlve Glsles must meet current cay standards 1 e for a 90
Degree parlang stall It must meet mimmum dImenSIOns of 9) WIde by 19 'long WIth
a 24' Wide drzve Glsle MET - /85' DIMENSION AS SHOWN ON THE SITE
PLAN IS ACCEPTABLE WITH THE CITY ENGINEER 10/28/2004 - PROVIDE
DIMENSIONS FOR PARKiNG STALLS ON FLOORS 2-3-4
Dimensions shown on Al.3-type all levels
3 All disabled parlang stalls 'must comply with current City standard" (wIdth, acce ')Slb! e
aisle and columns In azsle)
ADA Standards.
[REClE~V[ED
DEe 08 2004
PLANNING DEPARTMENT
ellY OF CLEARWATER
.
ORIGINAL
/
4 ProVide a detad of the dIsabled parlang stall and SIgn
Fine has been revised to $255.
5 All disabled parkmg stalls must be strategu..ally located close to an accessIble
entrance
ADA Standards.
6. All levels of parkmg must meet reqUIred A D A heIght clearance (8'-2) for handIcap
vans
All levels of parking meet the required A.D.A. height clearances for handicap
vans, as illustrated on sheet P5-the floor to Ooor height for the 1 st parking level
will be 14'-0" and the parking levels above will be 10'10".
7. Show accessIble path from parkmg garage to connect retall buddmg, condo and pubhc
Mdewalks
Done, only need walkway at levels 1 and 2 and 4.
8 General Note Garage supports ~uch as walls and columns must not Intrude wIthin
parkmg stall dimensIOns (CommunIty Development Code SectIOn 3-1402)
Please refer to Walker parking and Architectural Plans.
9. General Note Garage supports such as walls must not Impede drzver's sIght vlSlblllty
when baclang out ofparlang space (Commumty Development Code SectIOn 3-1402)
Answer Commet #8
10. Columns must not mtrude mto the dIsabled parlang access Qlsle Chapter 11 Flonda
Buddmg Accesslblhty Code, SectIOn 11-4 63
See Comment #8
11. Demonstrate that column locatIOns prOVIde adequate turmng radius to accommodate
all vehIcular mobibty wllhout encroachmg mto other traffic
See revised DWG. Al.l and Al.2
12. Show locatIOn of parkmg tICket dlspenser(s)
Please refer to Walker Parking Plans
13. Show stacia ng jor 18' vehIcle with 2 'gap between vehIcles entermg the parkmg garage
at the tICket dispenser at all entrances Stackmgfor a mInimUm of two vehIcles at the
mam entrance and one at the condominium entrance
Done.
14. SIght vlSlbllzty trwngles are not dIsplayed correctly Please refer to the community
development code for correct placement Page CD3 30
On sheet C4 the sight visibility triangles have been reconfigured and moved to the
appropriate locations.
15 Remove buddmg structures such as walls that are wlthm the SIght vlslbllzty trzangles or
re-deslgn burldmg wall where motorist's lme of SIght IS not obstructed
A variance for the sight visibility trianglesis being requested. This has been added
to request.
16. Paint stop bar and word "\top" at the bottom of ramp located near the condommlUm 's
dnveway All the above to be addressed prior to CDB
Done, Located at Bottom of all Ramps.
REC[E~VED
[R(EClE~VtD
DEe 08 2004
IH- U L,,~t
~nl"'l("'" r,,"\rJ l;.-
PLANNING DEPARTMENT
CITY OF CLEARWATER
, ,~
",.... ~ ~~...
. ru' r. 1 1:2! N '1 L
I r\ I 011 M
Planrung
1 How many parkmg spaces are dedIcated to the resldentwl component of the ~lte
Please see the parking garage plans which delineate the residential parking spaces
2. Improve the clarzty of the locatIOn map
Done
3. The szte plan should have the buddmg and It 's square footage
The site plan notes have been revised to show the existing retail square footage
and the proposed unit count.
4 Label all outdoor IIghtmg
The note stating Outdoor lighting will be 1000 metal halide up-light fixtures has
been added to the site plan.
5 Clearly show all eXlstmg and proposed accesses to thIS property
The access points (both pedestrian and vehicular) are clearly shown on the site
plan.
6 Improve the mdex sheet (expand It to mclude parkmg level sheets)
Since the architectural and parking plans are prepared by separate consultants,
those plans are stand alone and are not added to the signed and sealed civil plans.
7. Label the location of all easements
On aU the civil plans the existing 15' alley is identified.
8 State the FAR, eXlstmg, proposed and requIred
The required FAR of 1.0 has been added.
9 Address all cnterw wIthm the developments over one acre sectIOn of the applIcatlOn
form
The required information for developments over one acre is included within this
package.
10 At rooftop level (see roofplan drawmg), show the pool, deck, and recreatlOnal area
m detazl
Please see revised roof plan which illustrates the swimming pool area and
swimming pool deck area and it's boundaries with railings and short columns.
11 Label the access Islands at level one wIthm the garage
See parking structure plans for this revision.
12. Label parkmg space dlmenslOns (typIcal) per floor
See A].3 Type. All Levels.
13 Label and show all pedestnan ways withm the garage (each level)
See revised parking garage plans.
14. Clearly show all RIghts of Way wlthm and adjacent to the sUe
On sheet CS, all rigbts-of-ways adjacent to the subject site are shown.
15 The project as submltted makes It difjicultto determme if it IS conSistent wlth Beach
by DeSIgn
The building bas been designed in accordance with Beach by Design.
16. ProvIde 15 copIes of the color rendermg
See attached copies
17. The garage floor plans need to show maneuvermg space (typIcal by floor) wlfh
dImensIOnal arrows, labeled in Imear feet
See revised parking garage plans. R E C E ~VE D
DEe 0 8 2004
PLANNING DEPARTMENT
CIN OF ClEARWATE:?
.
OR\G'I~AL
18. The eXlstmg elevator, per what lS proposed or showl'} on the floor plans, does not
access the thlrd andfourth garage levels
There are separate elevators for the upper floors for residents. The existing
elevators service the public spaces only.
19 There appears to be 72 spaces shown on the groundfloor
Two additional spaces have been added on the south side of the garage.
ent
Zayac & AssocIates, Inc
fRrECfE~VED
DEe 0 d ZUU4
PLANNING DEPARTMENT
CITY OF CLEARWATER
fuJencer and Associates Atcltitecture,. me.
Archl tecture
1215 South Myrtle Avenue
Clearwater, FL 33756
727/449-ARCH
FAX 727 /442~7192
Planmng
sJs@spencerarchcom
www spencerarch com
December 7, 2004
Mike Reynolds
CIty of Clearwater
100 South Myrtle Avenue
Clearwater, Flonda 33756
Phone 727-562- 4836
Fax- 727-562-4576
Re PelIcan Walk Parkmg Garage
Dear MIke,
Thank you for takmg the hrne to reVIew thIs narrahve of the Beach By DesIgn cntena used m the above
referenced project
The East elevatIOn mcorporates many des1gn elements outlmed m the Beach by DesIgn, mcludmg
undulation m the front facade, arclntectural bandmg, steppmg of balcomes, arches and tower elements
The use of mstInchve alummurn gnllwork features and arches achIeve the des1gn goal of haVIng the
bUlldmg not look lIke a parkIng garage Sabel palms and other lush landscapmg matenal, further
aclueve tius Canhlevered balcomes on the North and South elevahons add sigruficant mterest to the
buddmg and breakup the overall mass The West elevahon IS set approXllTIately one hundred ten feet
back from Mandalay A venue The eXIstIng PelIcan Walk Shoppmg Center has eXlstmg pedestnan areas
at street level
Many successful desIgn elements on the eXISTIng bUIldmg are bemg mcorporated mto the new bUIldmg
such as decoratIve medallIon elements, barrel tIle roofing, bandmg detaIls, arches, ete The roof top
paVIlIon adds sIgrufieant mterest for the project and IS also functIOnal, as It WIll be used III cOnjunctIOn
WIth the roof top pool and sundeck Another umque feature to thIS bUlldmg IS the mtroduchon of both
front and rear balcomes, whICh open up all facades of the buIldmg The color palette Wlll be conSIstent
WIth the eXistIng bUlldmg, whIch follows the recommended Beach by DeSIgn palette
1b.is Ulllque project IS a drrect result of folloWlng Beach by DeSIgn Gmdelmes and months of pOSITIVe
meetIngs w e CIty of Clearwater Plannmg staff Thank you agam for your reVIew of tlus narratIve
American Insbtute of Arclutects Member
AA0003292
REC[E~VED
DEe 0 3 2004
PLANNING DEPARTMENT
CITY OF CLEARWATER
December 2,2004
Nickolas Ekonomldes, P A
791 Bayway Blvd
Clearwater, FL 33767
Re Assignment of property from BJE, Inc to RBJ, LLC
Dear Nick
I am In receipt of your letter of November 24,2004 concerning the agreement between
BJE, Inc (Pelican Walk) and the City of Clearwater It IS my understanding from your
letter that BJE, Inc has transferred the parking garage site to LBJ, LLC Since thiS IS a
transfer to a limited partnership In which Pelican Walk, that IS BJE, Inc , has a controlling
Interest or IS the general partner, such transfer IS not an assignment or transfer subject
to restrictions by the City pursuant to Section 13 01 However, the subsection does
proVide as followmg " provIded however that notIce of such assIgnment shall be given
by Pelican Walk to the CIty not less than 30 days prior to the assignment being effective
and the Assignee shall be bound by the terms of thIS agreement to the same extent as
would Pelican Walk In the absence of such assignment" It IS my understanding,
therefore, that LBJ, LLC Intends to be bound by the terms of the agreement as proVided
In that agreement
If you do not agree With thiS understanding, please notrfy me Immediately
Smcerely,
,
Pamela K Akin
City Attorney
PKAlgmd
o
TO:
FAX COVER MEMO
CITY OF CLEARWATER
PLANNING DEPARTMENT
100 S. MYRTLE AVE., 2nd Floor
CLEARW A TER, FL 33756
(727) 562..4567 FAX: (727) 562...4865
t~/~ ~
793-- ?tPrJ
FAX:
Phone:
-
FROM:
/11/;t1t /ley A.o / /..Y Phone: ...\"6 1- -I( J7:J t
I,} -";;l - c:) V SUBJECT:.Pbt7 .200 y.- Of tJ 7 ;)-
DATE:
MESSAGE:cbe- ~~ /l./...oJA 47~~"-
....vOrL y ~r
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/
77~
/J'"
NUMBER OF PAGES(INCLUDING THIS PAGE) 7
1 :45 pm
Ca~e Numbcl FLD2004-0 -- 483 MANDALA Y AVE
Owner(s) B J E Ine
630 S Gulf View Blvd
Clearwater, Fl 33767
TELEPHONE No Phonc, FAX No FdX, E-MAIL No Emall
Representative Keith Zayac
701 Enterpnse Rd East Stc 404
Safety Harbor, Fl 34695
TELEPHONE 727-793-9888 , FAX 727-793-9855, E-MAIL kelth@kClthzdyac com
Location, 1 68 acres located approxImately 180 feet from the mtersectlOn of Mandalay Avenue and Baymont Street
Atlas Page 267 A
Zoning Dlstnct: T, Tounst
Request Request for Flexible Development approval, to pernut a four-level parlong garage with 359 parking spaces
and 28 residential attached nmts, with a reductIOn ofthe front (east) setback from 25 feet to five feet, a
reductIOn of the Side setbacks (north and south) from 10 feet to zero feet, and a bUlldmg height Increase to
68 5 feet above Base Flood Elevation to top of roof (In the Tounst Dlstnct, 35 feet IS the height I1nut for
attached dwellings, 50 feet IS the height I1nut for a parlang garage), a;, a Comprehensive Intill
Redevelopment ProJect, under the provI SlQns of SectIOn 2-803 C
Proposed Use: Mixed use
Neighborhood Clearwater Beach Association
AssOClahon(s)' Clearwater, FI 33767
827 Mandalay Ave
TELEPHONE 727-446-5801, FAX No Fax, E-MAIL dmacnav@att net
Neighborhood Clearwater Neighborhoods CoahtlOn
AS~OClatlOn(s): Clcarwater, Fl 33761
2544 Fnsco Dnve
TEl',EPHONE 727-725-3345, FAX No Fax, E-MAIL DJw@gtenet
NeIghborhood Coral Resort Condonunum
Assoclation(s), Clearwater, Fl 33767
483 E Shore Dnye
TELEPHONE 727-446-3711, FAX No Fax, E-MAIL coral483@aol com
Presenter: MIke Reynolds, Planner III
Attendees Included Chip Gerlock, MIke Reynolds, Scott Rice, Tracey Bruch, Joe Colbert, Tom Glenn
The DRe revlCwed thIS application wIth the followmg comments'
General Engineermg,
Development Revlew Agendd - Thursday, December 2, 2004 - Page 45
1) The archltectl. rawlngs and UVII drawmgs do not match M
2) The al chltectura! dl awmg5 Sheet A I I, show~ 362 park1l1g spaCt;~ provided and the Clvtl plans
show 359 PLANS NOW CONSISTENT
3) The al c11ltcGtural plan:;. :;.how two gated II1gre<'5/egress dnve a1~lcs while the Civil plans only
show the most northE,1 ly mgress/egress havmg a control gate MET
4) The architectural drawmg show 51dewalks leadmg from WIlT tower to curb while the clvll
"how SIdewalk bemg extended to back-of-"Idcwalk DesIgn should not encourage lrud~block
crossmgs due to safety rcasons MET
5) The arclutectural plans show columns bemg constructed wlthm dnve aIsles and parIang spaces
MET
6) Where do servIce and dehvery vehlcles park? PULL OFF AREA ADDED
7) Show how the reSIdents access the rooftop pool and all related functIOns around the pool
MET
8) ExhIbIt "C" (I O)(B) states the floor plates above 42 ft arc 28,200 sq ft wluch does not meet
design cntena PLANNING CRITERIA
9) Exlubtt "C" (10)(0) states that setbacks along local streets should be 12 ft and the proposed
structure IS only 5 ft from the nght-of-way ofPomsettla Street PLANNING CRITERlA
10) The arclutectural plans Sheet P I show'> the waterside balcony extendmg approximately 36 ft
beyond the extenor wall whIle a dImensIOnal note for the watersIde balcony IS 10' x 30'
RESOLVED
II) Need to venfy where the eXisting 6" clay pIpe runs through the south end of the property It
serves NEEDS TO BE SHOWN MORE CLEARLY
12) Need to show to where the eXlstmg grease traps are bemg relocated HOW WILL SERVICE
VEHICLES GAIN ACCESS TO SERVICE THE TRAPS?
13) The eXl~tmg gas meters may need to be relocated at the applIcant's expense MET
14) The eXistIng backflow devlce(s) WIll have to be relocated outside bUlldmg envelope and :;,tay
wlthm the boundanes of thiS property ownershIp BACKFLOW DEVICES NEED TO BE
RELOCATED AT APPLICANT'S EXPENSE
15) The proposed stop sIgns appear to be behmd walls of the parkmg garage MET
16) Need to mstall the F DC on pnvate property and meet Fue Department's reqUirements MET
17) Need to provide enough fire hydrant assembhes along all nghts-of-way to meet Fue
Department's reqUIrements MAY NEED ADDITIONAL HYDRANT TO SATISFY FIRE
NEEDS
18) The eXlstmg fire hydrant assembly south of structure IS shown on the west Side of POinsettia
Street wlule the CIty'S atlas shows It on the east Side Engmeer to venfy locatIOn and show the
distance from the property MET
19) The CIVtl plans show a 25 ft +1- dumpster stagmg area/access ramp/parkmg spaces Need to
create a much smaller stagmg area lIke the arclutectural drawlOgs show APRONS ARE NOT
REQillRED FOR STAGING AREA IS STAGING AREA REQUIRED FOR TRASH CHUTE?
20) How do the empty dumpsters rotate m and out of condonuruum trash cnclosures? MET
21) ProVide detail for sarutary connectIOn at south end of bUlldlOg to proVIde contlOuous salUtary
sewer service to propertIes lYing south oftlus project SEE COMMENT # 11
22) ProVIde detaIls of proposed water and sarutary connectIons MET
22) On Sheet C-5, what does the note "Cut and Repalf" refer to? MET
23) Whdt IS the clear vertIcal heIght ohhe first floor above the relocated sarutary Plpehne? MET
24) PROPOSED FIRE HYDRANT ASSEMBLIES AND FIRE LINE TO BillLDlNG CANNOT
BE CONNECTED TO A RECLAIMED WATER PIPELINE
25) WHAT IS THE PURPOSE OF THE EXISTING 4" WATER MAIN SHOWN ON SHEET 5
26) TO COlv1PL Y WITH BEACH BY DESIGN CRlTERIA, PUBLIC SlDEW ALK ALONG
POINSETTA SHALL BE IO-FEET WIDE WHERE POSSIBLE
27) NOTE AddItIonal comment,> may be neceSSdry based on the responses to conditIOns
All the above to be addressed pnor to COB
Pnor to bUIlding permit
1) Fleld deterrruoe mvert elevatIOns of eXlstmg samtary hoe
2) ProVide lOvert elevatIOns of proposed 8-IOCh samtary hne
3) Ifproposed samtary lmo IS le~,> that 3-feet below fimshed grade 1t shall be duct1le uon
En VlrO n men tal
1 No Issues
Fire
No Comments
Development ReVIew Agenda - Thur:;,day, December 2, 2004 - Page 46
Harbor Master'
No Comments
Legal
No Comments
Land Resources
1 ]118/04-Palm removal" equate to 1" only, replacements also equate to I" only Revise pnor to
BUlldmg Pern1lt
10122/04-Revlse tree removal calculations, all trees rated 2 or below do not reqUire
replacements and all palm trees are replaced at one lOch each Provide poor to bmldmg pemnt
Landscapmg
I no Issues
Parks dnd RecreatIOn:
Open Space dUd RecreatIOn Impact fees dre due poor to Issuance ofbUlldmg pern1lts or final
plat (If applicable) whIchever occurs first These fees could be substantia] and It IS
recommended that you contact Deb Richter at 727-562-4817 to calculate the assessment
Stormwater:
I Arc eXlstmg pond and stonnwater system bemg modified? (met)
2 Place a note on the plans for the contractor to regrade pond and clean out eXIstmg structures
lfthey are to remam (met)
3 Dlrect all runoff from the garage to the pond (note was added to plans, however more mfo
will be needed fOf constructIOn Pnor to any bUlldmg pern1lts, provIde suffiCient grades, flow
arrows, drams, etc to show how the sIte Will dram to the pond)
SolId Waste:
I
Enclosure not to Spc Explam how condo umts will dIspose of trash, how will they recycle,
Show how eXlstmg fetall will dispose ofSohd Waste and Recyclmg
12-01-04 Is the" roll-out Dumpster" on the South side d compactor? It IS unclear If not there
IS madquate service
Traffic Engineermg,
Development Review Agenda - Thursday, December 2,2004 - Page 47
Plannmg:
1 Parkmg gar< SIgn 011 cIvil plan~ dnd architectural plans d match ME r
2 All parkmg spaces and drive ,usles must meet current city sta11l,,,,ds 1 e for a 90 dcglee
parklllg stall It must meet 111lTlllllUITI dunenSlOllS of 9 t wak by 19' long with a 24' wide dllve
aisle 185' DIMENSION AS SHOWN ON THE SnE PLAN IS ACCEPTABLE WITH [HE
CITY ENGINEER 10/2812004 - PROVIDE DIMENSIONS FOR PARKING STALLS ON
FLOORS 2-3-4 1211/04 - SHEET Al I INDICATES 8T ALL DEPTH 175', BUT SHEET
Al 3 SHOWS 185' TYPICAL, PLEASE CLARIFY
3 All disabled parkmg staIb must comply with cunent CIty standards (width, acceSSible aisle
and columns III aIsle) MET
4 ProvIde a detail of the disabled parkmg stall and ~Ign SEE COMMENT #2 FINE
AMOUNT IS INCORRECT - SHOULD BE $255
5 All disabled parlang stalls must be strategIcally located close to an accessible entrance MET
6 AlIlevcls ofparkmg must meet reqUired A D A height clearance (8' - 2) for handicap vans
MET
7 Show accessible path from parlang garage to connect ret,ul bmldmg,condo and public
SIdewalks NEED ACCESSfBLE PATH FROM GARAGE TO SlDEW ALK ALONG
POINSETT A STREET
8 General Note Garage supports such as walls and columns must not mtrude wlthm parkmg
stall dimenSIOns (Commumty Development Code Section 3-1402) ACKNOWLEDGED
9 General Note Garage supports such as walls must not Impcde dnver's Sight VISlblllty when
backmg out ofparkmg space (Commumty Development Code SectIOn 3-1402)
ACKNOWLEDGED
10 Columns must not mtrude mto the dIsabled parkmg access alsle Chapter II Flonda
Bulldmg Accesslblllty Code, SectlOn 11-4 6 3 MET
11 Demonstrate that column locations proVide adequate tummg radIUS to accommodate all
velucular moblhty Without encroachmg mto other traffic VEHICLE P A TRS NOT
CONTINUOUS RIGHT TURN ONTO RAMP AT SOUTHWEST CORNER OF GARAGE
DOES NOT APPEAR TO SATISFY THIS CONDITION
12 Show IocatlOn of par long tIcket dlspenser(s) MET
13 Show stadang for 18' velucle With 2' gap between vehicles entenng the parkmg garage at
the ticket dispenser at all entrances Staclang for a ll1lmmum of two vehicles at the mam
entrance and one at the condommmm entrance MET
14 SIght VISibIlity tnangles are not dIsplayed correctly Please refer to the commuruty
development code for correct placement Page CD3 30 MET
15 Remove bUlldmg structures such as walls that are wlthm the Sight vlSlbilty mangles or
re-deslgn bUlldlllg wall where motonst's hne of sight IS not obstructed THUS MUST BE
INCLUDED IN REQUEST
16 Pamt stop bar and the word" stop" at the bottom of ramp located near the condoll1lruum's
dnveway MET
All of the above to be addressed pnor to CDB
Traffic Impact Fees to be determllled and paid pnor to CO
Pnor to bmldmg penrut
1 Show hghtmg and dramage plan
Development ReView Agenda - fhursday, December 2,2004 - Page 48
How many pdrk! aces dl e dedicated to the reSidential compO! f the site?
Std te thIS mfonnatlOn wIth In the site data tab Ie Update (I 1-28-04) I ]115 Item IS stll] not
addre~~ed Please plovlde the mfo1111atlOn wIthin the sIte data tdble AI~o explam the difference
between re~ld ent park:mg and reSIdent accesslb Ie (see Sheet A] I)
2 Improve the clanty of the locatIOn map Upddte (11-28-04) ThiS comment IS stlll not dddressed
3 The site plan should have a plan sheet that shows the buddmg and Its square footage Update
(11-28-04) ThiS comment IS ~tl]] not addressed
4 La bel aU outdoor IIghtmg Update (II - 28-04) ProVIde I n forma tlOn as stated wlthm the
11-19-04 transrruttalletter from apphcant to City staff as an additIOn to Plan Note # 19
5 Clearly show all eXlstmg and proposed accesses to thiS property Update (11-28-04) ThiS
comment IS still not addressed
6 Improve the mdex sheet (expand]t to mclude parkmg level sheets) Update (11-28-04) ThIS
comment IS still not addressed The mdex sheet should account for all sheets wlthm the site plan
and archItectural plans set
7 Label the locatIOn of all easements Update (11-28-04) ThIS comment IS slill not addressed The
labels on sheets C-3 and C-4 differ, one called a 15 foot utlhty easement, the other a 15 foot
alley Please c1anfy
8 State the FAR, eXlstmg, proposed, and reqUIred Update (11-28-04) Tms comment IS stdl not
addressed State the FAR lurot as speCIfied by the CIty Code
9 Address all cntena wItmn the developments over one acre sectIOn of the applicahon form
Update (11-28-04) ThIS comment IS still not addressed
10 At rooftop level (see roof plan drawmg), show the pool, deck, and recreatlOndl area m detatl
Update (11-28-04) ThIS comment IS shI! not addre<;sed Where IS the walkway to the pool?
Are the rooftop pavIlion') connected to the pool by a walkway?
11 Label the access Islands at level one wlthm the garage Update (11-28-04) ThIS comment IS still
not addressed
12 Labe] parkmg space dlmenslOns (typIcals) per floor Update (t 1-28-04) ThiS comment IS still
not addressed Parkmg space WIdth needs to be labeled Ifparlang space dlmenslOn typlca]s are
for all parkmg levels, state as a plan note on sheet A I 3
13 Label and show all pedestnan ways wlthm the garage (each level) Update (11-28-04) nus
comment IS stlB not addressed
14 Clearly show all RIghts of Way Wltmn and adjacent to the Site
15 The project as subrrutted makes It difficult to deterrmne Iftt IS consistent WIth Beach by DeSign
Update (11-28-04) Tms comment IS sliB not addressed ProVIde a summary as to how the
project deSign IS conSistent WIth Beach by DeSign
16 The color rendenng does not show details for the mam entrance/dnveway Update (11-28-04)
PrOVide 15 caples of the color elevatIOn A color elevatIOn was not subnutted With the reVised
matenals post the 11-12-04 DRC
17 The gardge floor plans need to show maneuvenng space (typlCals by floor) With dImensIOnal
arroWS, labeled mlmear feet Update (11-28-04) ThIS comment IS slill not addressed Only level
three show') tlus detatl
18 The eXlstmg elevator, per what IS proposed or shown on the floor plans, does not access the tmrd
and fourth garage levels Update (11-28-04) Tills comment IS stJll not addre')sed ConSIder
Improvmg floor access for the eXlstmg elevator
19 SIte Plan Sheet C-4 mdlCates 74 parlang spaces on the Ground Level There appear to be 72
spaces shown for dus level on the site plan drawmg (same sheet) Please check tms
20 See Beach by DeSIgn, DeSIgn Gutdelines, B HeIght, Item numbcr 3 , address the floorplate Imllt
21 See Beach by DeSign, DeSign GUidelines, C DeSign, Scale and Mass of BUlldmgs, Item number
2 , address the urllllterrupted bUlldmg plane hout for the west and east elevahons and adjust the
deSign
22 See Beach by Des1gn, DeSign GUIdelines, C DeSign, Scale and Mass ofBmldmgs, ltem number
3 , address thc wmdows or archItectural decorations nummum for the north and ~outh clevahons
and adjust the dcslgn
23 See Bedch by Deslgn, DeSIgn GUidelines, C DeSign, Scale and Mass of Bmldmgs, Item number
4, "how, by a draWIng, how the 60 percent of maximum bUlldmg envelope limit on occupancy by
a buIldmg IS mct
24 See Beach by DeSIgn, Deslgn GUIdelmes, D Setbacks, ltem number 1 , conSIder a 10 foot WIde
Sidewalk along Pomsettla Street, With the eXeeptlOn to the stop bar and VISIbility tnangle areas
25 See Plan Sheet P5 Label the feature that IS to the nght or Il0l1h of the garage cntrdnce dnd
column
Development RCVIew Agenda - Thursday, December 2, 2004 - Page 49
Keith Zayac & Associates" Inc.
CIvil Englneermg, Landscape ArchItecture, Plannmg
70 I Enterpnse Road E , Ste 404
Safety Harbor, FL 34695
(727) 793-9888 Phone
(727) 793-9855 Fax
kelth@kelthzavac com
November 19,2004
Mr Michael Reynolds, AICP
City of Clearwater
100 S Myrtle Avenue
Clearwater, FLorIda 33756
RECEIVED
NOV 1 8 200~
Re FLD 2004-03018, PelIcan Walk ParkIng Garage
PLANNING DEPARTMENT
CITY OF CLEARWATER
Dear Mr Reynolds'
Enclosed you WIll find 15 sets of revised plans and attachments rncluding the follOWIng changes
General Engineering
1
The archltecrural drffi1,'ings and clvll drawmgs do not march
The architectural plan and civil plans have been coordinated.
The arcJl1tectural dl awmgs, Sheet Al 1, ,',haws 353 parkrng spaces pi oVlded and the
cIvil plans show 353
The architectural plan and civil plans have been coordinated.
The architectural plans show two gated mgress/egress drIve azsles while the CIVIl plans
only show the most nOl therly zngres,',/egre,',s huvrng a control gate
The CIVIl plans on sheet C4 shows two gated entrances One IS for residents to enter
mto the parkmg garage The other entrance is for ail other traffic
The architectural drawmgs show Sidewalks leadingfram stair tower to curb, whlle the
CIVIl drawmg,', .\how ,',ldewalk bemg extended to ba,k-of,',ldewalk. De,',lgn ,',hould not
encourage mid-block crossmgs due to safety reasons ,
Walker Parkmg plans bave been revised to corrispond with tbe Civil plans.
The archltectural plans show columns bemg constructed wlthm drive Olsles and
parkmg spaces "
The plans bave been revised so that parking spaces are not located within building
columns.
Where do servIce and dellvery vehIcles park?
On sheet C4, a loading zone located off of Poinsetta Street. [he loading zone will
have a sign stating, "No Parking"
Show how the reSidents access the roof top pool and all relaled functIOns around the
pool
Tenants will be able to access the roof top amenities either by using the elevators
or stairs.
2.
3.
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8 ExhIbIt "e" (lO)(B) state~ the floor plate~ above 42ft are 2~bW~I'VP~t-=;Jt
meet desIgn crlleria Cl1V'QF <!(~
Please see eAhibits attached to the submittal application.
9 ExhJbu "C" (1 0) (D) states that setbacks along local streets should be 1 2 ft and the
proposed structure IS only 5 jt from the nght-ofway of Pomsema St
A variance will be applied for on the reduction.
10. The anhlteaural plan~ Sheet P 1 ~how,~ the water.Hde bakony extendmg
approximately 36ft beyond the extenor wall whde a dImensIonal note for the
watersIde balcony IS 10 'x30'
Please see revised sheet PI-the notes have been corrected, the open deck occurs on
the 1st living level only.
I I Need to verify where the eXIsting 6" clay pIpe runs through the south end of the
proper~ltserves
The existing 6" clay pipe continues to service the properties south of the proposed
parking garage. Refer to sheet CS for san sewer route.
12 Need to show to where the eXlstmg grea~e traps are bemg relocated
The grease traps located on-site, are proposed to remain in their existing location
and will continue to service the restaurants. Please refer to sheets C3 and C5.
13 The eXlstmg ga~ meters may need to be relocated at the applicant's expense
Note number 9 on sheet C5 was added to the plans and states, "Existing gas meter
to be relocated at owner's expense."
14 The exlStmg bac1ifJow deVlce(s) Will have to be relocated outsJde the bUlldmg envelope
and stay wI/hm the boundarzes of this property owners/lIp
The existing backflow devices are proposed to remain in their current location,
since they are under a overhang.
15. The proposed stop SIgns appear to be behmdwalls o/the parkmg garage
The RI-I stop sign locations are revised to be mounted on the wall before existing
the garage.
16. Need to Install the F Dean private property and meet Fire Department's
reqUlrements
On sheet C5, the FDC connection will be installed at the northwest corner of the
property 15 feet away from the building and located 40 feet within a fire hydrant.
17 Need 10 provzde enoughfire hydrant assembhes along all rtght<;-of-way to meet Fire
Department's reqUlrements
On sheet CS, installation of two fire hydrants are proposed to be installed and
located off of Poinsetta Street.
18. The eXlstlngfire hydrant assembly south of the structure IS shown on the,weSI SIde of
POlnsettw Street whde the Cl~ 's atlas shows It on the east SIde Engmeer to verify
locatIOn and show the dlstancefi01u the property
The existing fire hydrant from the west side of Poinsetta Street is removed.
19 The CIVIl plan~ ~how a 25 fl +/-dumpster stagmg area/access ramp/parkmg spaces
Need to create a much smaller stagmg area hIre the archltectural draWings show
On sheet C4, we are proposmg 3 roll-out dumpster staglllg areas are proposed These
have been reduced 10 size since the last submtttal.
20 How do the empty dumpsters rotate in and out of condomimum trash enclosures')
Roll-out dumpsters will be on wheels
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Provide detwlfor :'umtary conneC-twn at :,outh end o/bulldlng to ~HrI'tltl:' ld:'tl~A1ER
samtary sewer serVlce to properlles lymg south of this project ellY O~
It is proposed to remove the existing sanitary senrice through the project site only.
The existing manholes will remain and continue to service properties located
)
north and south of the subject property.
Provide detads of proposed water and samtary connectIOns
The building will use existing sanitary and sewer connections already on site.
Refer to sheet CS for details.
On Sheet C-5, what does the note .. Cut and Repazr" refer to"
On sheet C5, the note which states, "Cut and Repair" has been changed to read
"saw cut & replace existing asphalt".
What IS the clear vertical hezght of the first floor above the relocated samtary plpelzne?
Refer to the architectural plans for elevations.
NOTE AddltlOnal comments may be necessary based on the reponses to condmons
All the above to be addressed prlOr to CDB
22
23.
24
25
Prior to bUlldmg penmt
1 Field determine mvert elevations of eXlstmg samtary lme
2 Provide mvert elevatIOns of proposed 8-mch samtary lme
3 If proposed samtary lme zs less that 3-feet below fimshed grade It shall
be ductIle Iron
Environmental
I No Issues
Fire
1 Show FDC at leart 15 feet from the buildmg and wlthm 40 feet of a Fire Hydrant
dedicated to the FIre Sprmkler System PRIOR TO CDB
On Sheet C5, the FDC connection is to be installed at the northwest corner of the
property 15 feet away from the building and located 40 feet from a fire hydrant.
2. Where underground water mams and hydrants are /0 be mstalled, they shall be
mstalled, completed, and in-serVice pnor to wnstructlon as per NFP A 241
PRIOR TOCDB
Sheet CS states, "underground watermains shall be installed, completed, and in
senrice prior to construction as per NFPA 241."
3. ThlS DRC ReView by Fire 15 not an approval or revww of any constructlOn plans
ordocuments other than Site work. PLEASE ACKNOWLEDGE
ACKNOWLEDGED
Harbor Master
Legal
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1. No Comments
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Revise tree removal calculallons, all/rees rated 2 or below do not reqUire U
Replacement:, and all palm trees are replaced at one mch each Provide prlO'W
BUlldmg permIt I'Y
On sheet L 7, the tree removal calculations have been revised to exclude a~es
under 2" d.b.h.
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Land Resources
Landscapmg
Pnor to Development Order,
1 Change plant matenals below the palms to Dwarf Oleander, between them change
the plants to Podocarpus -wInch "WIll grow taller, and luna the "IV" to the area:,
a4Jacent to the doorways and entrances
On Sheet L 7, landscape plans are revised to show Dwarf Oleanders as shrubs
surrounding palms and Ilex V omitoria only at building entrances.
2 Darken the palms which are to remam, It I:' un dear a:, to where they are and if they
conflict wzth proposed
On sheet L 7, trees which are to remain on-site have been changed to a dark
color and all other trees to be removed are shown screened back.
3 Several palms appear to be rated well, located away from construction and are
shown, as X'd out
On sheet L 7, trees to be removed are revised, thus saving the palms that have
no effect towards the construction site.
4. There I:' a :,mgle palm :,hown on the plan whu.h IS not m the lzM and not keyed on
the plan
On sheet L 7, trees counts are verified and this sheet is revised accordmgly.
5. Verify the count on all plant matenal, and submll a revised plan sheet for review
On sheet L 7, tree counts are verified and have revised this sbeet is revised
accordingly.
Parks and RecreatIOn
1 Open Space and RecreatlOn Impact fees are due prlor to Issuance of buIlding pel1111t:,
or final plat (if appl1cable) whichever occurs first These fees could be substantzal and
If IS recommended that you contact Deb Richter at 727-562-4817 to cakulate the
assessment
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Stonn water
1. Are eXlstmg ponds and storm water system bemg modified?
The proposed pond and storm water system is to remain intact without any
change, except for the contractor to clean-out the storm system and f,egrade pond.
2 Place a note on the plans for the contractor to regard pond and clean out eXlstmg
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structures z/they are to remam >
Please see note on sheet C5 number 19 which states, "Contractor shall regrade-w
pond and and cleanout all the existing storm ~tructures on-site."
3 Dlrect all runoff from the garage to the pond These need to be addressed prlOr U
w~ ~
On sheet C5 note number 18 has been added and state, "All storm water run-o
will be directed towards retention pond."
Solid Waste
1 Enclosure not to Spec Explam how condo units will dispose of trash, how wIll they
recycle Show how eXlstmg retail will dIspose ofSohd Waste and Recyclmg
Condo units will dispose of trash and recycling via the supplied trash chute.
The existing retail will continue to use the existing method for disposing trash
and recycling.
Traffic Engineering
1 Parlang garage design on Clwl plans and archlfectural plans do not match
The architectural plan and civil plans have been coordinated.
2 All parlang spaces and dnve alsles must meet current cuy standards I e for a 90
Degree parlang stall It must meet mIwmum dzmenslOns of9' Wide by 19'1ongwlth
a 24' WIde drIve aisle MET - 18 5 ' DIMENSION AS SHOWN ON THE SITE
PUN IS ACCEPTABLE WITH THE CITY ENGINEER 10/28/2004 ~ PROVIDE
DIMENSIONS FOR PARKING STALLS ON FLOORS 2-3-4
Dimensions shown on A1.3-type all levels
3 All disabled parkmg stalls must comply WIth current CIty standards (wldth, accesszble
alsle and columns In azsle)
ADA Standards.
4 PrOVIde a detall of the disabled parlang stall and Slgn
See Al.1
5 All disabled parlang stalls must be strategIcally located close to an accessible
entrance --.J
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6. All levels ofparlang must meet requlred A D A height clearance (8'-2)}or handIGap Z
vans
All levels of parking meet the required A.D.A. height clearances for handicap <.D
vans, as illustrated on sheet P5-the Roor to floor height for the 1st parking level
will be 14'-0" and the parking levels above will be 10'10". c::c
7. Show accessIble path from parlang garage to connect retad bUIldmg, condo and publIC 0
sidewalks
Done, only need walkway at levels 1 and 2 and 4.
8 General Note Garage supports such as wallj and wlumns must not mtrude withm
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parkmg stall dlmenslOns (Commumty Development Code SectlOn 3-1402) W
Please refer to Walker parking and Architectural Plans. '
9. General Note Garage SUpp01 ts such as "Walls must not Impede driver's sight vlSlblhoU
when baclang out of parkmg space (Commumty Development Code SectlOn 3-1402) LJJ
Answer Commet #8 '"
1 0, Columns must not mtrude mto the dIsabled parking access Qlsle Chapter 11 FlOrida
BUlldmg Accesslbillly Code, Secflon 11-4 63
See Comment #8
11. Demonstrate that column 10catlOns provIde adequate turning radlUs to accommodate
all vehlcular moblhty WIthout encroachmg mto other traffic
See DWG. AI.I and AI.2
12. Show 10catlOn ofparlang tICket dlspenser(s)
Please refer to Walker Parking Plans
13. Show staclangfor 18' vehIcle wllh 2 'gap between vehIcles entermg the parlang garage
at the tiCket dIspenser at all entrances Stackmgfor a mmlmum of two vehicles at the
mom entrance and one at the cOndOmlnlUm entrance
Done.
14. Sight VISlbzlzty mangles are not displayed correctly Please refer to the commumty
development code jor correct placement Page CD3 3U
On sheet C4 the sight visibility triangles have been reconfigured and moved to the
appropriate locations.
15. Remove bwldmg structures such as walls that are withm the SIght vlSlbllity tnangles or
re-deslgn bwldmg wall where nwtorlst's lrne of SIght IS not obStl ucted
A variance for the sight visibility trianglesis being requested.
16. Pamt stop bar and word "stop" at the bottom of ramp located near the cOndOmlnlUm 's
drIveway All the above to be addressed prlOr to CDB
Done, Located at Bottom of all Ramps.
Trame Impact Fees to be determmed and paid pnor to C.O.
Pnor to bwldmg permit
1 Show lightmg and draInage plan.
Planning
I Correct the discrepancy between the archItect's plans and ClVlI slte plan regardmg
bwldmg helght
The architectural plans and civil plans have been coordinated to show the correct
information.
2. How many parkmg :Jpac,e:J are dedlwted to the re:Jldentzal component of the :Jlte I State
thiS mformatlOn wzthm the slle data table
See DWG. A1.1 and Al.4
3. Provtde north and south budding elevatlOns
North and South elevations have been provided for review.
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4. Buddmg hezght should be statedfrom BFE to roofmldpomt
Please see revised sheet PS which shows the building height from BFE to midpoint
of Roof (84'-9).
5 Improve the cla71ty of the locatlOn map
On the Cover Sheet the location map is revised for clarity.
6 The slte plan should have a plan sheet that shows the bmldmg and Its square footage
7 Label all outdoor llghlmg C
Outdoor lighting will be 1000 metal halide up-light fIXtures. W
8 Clearly show all eXlstmg and proposed accesse,') to thiS property >
9 Improve the mdex sheet (expand 1t to mclude parkmg level sheet,')) _
10. Correct the site data table,mformatlOn on lot sIze and buddmg height (clarify what W
deck means) U
On sheet C4, the site data table is revised to include the correct lot size and
building height. W
11. LabeUl1f)ocallon oj all easements _ ~
C!!n all the civil p'lans theeXis.1mgJ5' alley e,asement is ide~
] 2 They6Uiinlevel sheet needs to show whIch IS pubhc versus pnvate (resldentzal)
parkmg
] 3 State the FAR, eXlstmg, proposed and reqmred
On sheet C4, the site data table is revised to include the correct lot size and
building height.
14 Address all cnterza wlthm the developments over one acre section a/the applzcatlOn
form
15 At rooftop level (see roof plan drawmgJ, show the pool, deck, and recreatlOnal area
In detazl
Please see revised roof plan which iUustr-.des the swimming pool area and
swimming pool deck area and it's boundaries with railings and short columns.
16 Label the access 1slands at level one wuhm the garage
17. Label parlang space dlmenslOns (typical) per floor
See A1.3 Type. AU Levels.
18 Correct the d1screpancy m total number parkmg spaces Szle Plan states total to be
359 parkmg .spaces, and the archllect 's plans state 362 spaces
The architectural plans and civil plans are coordinated to show the correct
informatIOn.
19 Label and show all pedestrlan ways wlthm the garage (each level)
20. Clearly show all Rlghrs alWay wlthm and adjacenr to the sire
On sheet CS, aU rights-of-ways adjacent to the subject site are shown.
21. P,ovldtt a color landscape plan
A reduced color landscape plan is attached with the submittal package.
22 Bwldmg elevatIOns need to Include dZmen.5lOnal arrau's to mdlcate helghtfrom BFE
to roofmldpomt and to roo/towers The eXlstmg submittal shows roo/heIght to the
eaves
Please see revised sheet PS.
23 The project as submlfted make!!> it difjicult to determme d It IS consIstent With Beach
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Notes
plans
by DeMgn
The building has been designed per the examples provided by Beach by Design.
24. 'The butldIng elevatwns are not cons,sten/ with the color rendermg
This was explamed verbally during our last DRC review meeting and agreed that
they are consistent.
25. The bUlldmg elevations need to clearly mdlcate, by labels, a descnptLOn of the
proposed buzlding matenals Label any fax wmdows and any other design/ea/ures
Please see revised sheet P5.
26. The color rendermg doej not jhow detazlj for the mam entranL-e/dnveway
ThIS was explamed verbally during our last DRC review meeting and agreed that the
rendenng was suffiCIent
27. The garage floor plans need to show maneuvermg space (typical by floor) with
dunenslOnal m rows, labeled 111 lmear feet
28. The eXisting elevator, per what IS proposed or shown on the floor plans, does not
access the thIrd and fourth garage levels
The existing does (2) the new are for condos only.
29 See Plan Sheet A 1 4 Carl eU the pal kmg total shown a~ 61 spaces (should be 60
spaces)
1 No Comments
This ApphcatlOn IS msufficlent to be scheduledfor review by the CDS SubmIt reVised
By 11-23-04 to be on the 12-23-04 DRC Agenda
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TO:
FAX COVER MEMO
CITY OF CLEARWATER
PLANNING DEPARTMENT
100 S. MYRTLE AVE., 2nd Floor
CLEARW A TER, FL 33756
(727) 562-4567 FAX: (727) 562..4865
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SUBJECT: ~ ~V- C>767'1-
MESSAGE:
4-tAS o.ll tl r"~ 4.. t'..A n
d~LALr Ad" 4~ /dc//.Ab~".."h.2
NUMBER OF PAGES(JNCLUDING THIS PAGE)
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1 :35 pm
Case Number FLD2004-0, L -- 483 MANDALA Y AVE
Owner(s). B J E Inc
630 S Gulfvlew Blvd
Clearwater, Fl33767
TELEPHONE No Phone, FAX No Fax, E-MAIL No EmaIl
Representative: KeIth Zayac
701 Enterpnse Rd East Ste 404
Safety Harbor, FI 34695
TELEPHONE 727-793-9888, FAX 727-793-9855, E-MAIL kelth@kelthzayac com
LocatJon I 68 acres located approxunateIy 180 feet from the mtersectIOn of MandaIay Avenue and Baymont Street
Atlas Page: 267A
Zonmg District: T, Tounst
Request: Request for Flexible Development approval, to permit a four-level parkmg garage With 359 parkmg spaces
and 28 resIdential attached umts, WIth a reductIOn ofthe front (east) setback from 25 feet to five feet, a
reductIOn ofthe side setbacks (north and south) from 10 feet to zero feet, and a bUlldmg height Increase to
685 feet above Base Flood ElevatIOn to top of roof (In the Toumt DiStrict, 35 feet IS the height hmlt for
attached dwellmgs, 50 feet IS the height hmlt for a parkmg garage), as a Comprehensive Infill
Redevelopment Project, under the provIsIOns of SectIOn 2-803 C
Proposed Use: Mixed use
Neighborhood Clearwater Beach AssocmtlOn
AssoclatJon(s): Clearwater, Fl33767
827 Mandalay Ave
TELEPHONE 727-446-5801, FAX No Fax, E-MAlL dmacnav@attnet
Neighborhood Clearwater Neighborhoods CoalttlOn
AssoclatJon(s)' Clearwater, Fl33761
2544 Fnsco Dove
TELEPHONE 727-725-3345, FAX No Fax, E-MAIL DJw@gte net
Presenter: Mike Reynolds, Planner III
Attendees Included: Clup Gerlock, Mike Reynolds, Scott RICe, Tracey Bruch, Joe Colbert, Tom Glenn
The DRC reviewed this applIcatJon with the following comments:
General Engmeering:
Development ReView Agenda ~ Fnday, November 12, 2004 - Page 35
1) The archltectuL_ ...rawmgs and cIvil drawmgs do not match
2) The architectural drawmgs, Sheet All, shows 362 parkmg spaces provided and the cIVIl plans
show 359
3) The architectural plans show two gated mgress/egress dnve aisles wlule the CIVil plans only
show the most northerly mgress/egress havmg a control gate
4) The arclutectural drawmg show sidewalks leadmg from staIr tower to curb, while the CIVIl
show sIdewalk being extended to back-of-sidewalk DeSign should not encourage lll1d-block
crossmgs due to safety reasons
5) The arclutectural plans show columns bemg constructed wlthm dnve aisles and parkmg spaces
6) Where do service and delivery velucles park?
7) Show how the reSidents access the roof top pool and all related functions around the pool
8) ExlubIt "C" (1 O)(B) states the floor plates above 42 ft are 28,200 sq ft which does not meet
deSign cntena
9) EX}llbit "C" (10)(0) states that setbacks along local streets should be 12 ft and the proposed
structure is only 5 ft from the nght-of-way ofPomsettla Street
10) The architectural plans Sheet P 1 shows the waterSide balcony extendmg approxlllmtely 36 ft
beyond the extenor wall wlule a dimenSIOnal note for the waterSide balcony IS 10' x 30'
11) Need to venfy where the eXistmg 6" clay pipe runs through the south end of the property it
serves
12) Need to show to where the eXlstmg grease traps are being relocated
13) The eXlstmg gas meters may need to be relocated at the apphcant's expense
14) The eXIstmg backflow devlce(s) Will have to be relocated outSIde bUIldmg envelope and stay
Wlthm the boundarIes of thIS property ownerslup
15) The proposed stop SIgns appear to be behmd walls of the parlang garage
16) Need to mstall the F 0 C on pnvate property and meet Fire Department's reqUIrements
17) Need to proVIde enough fire hydrant assemblies along all nghts-of-way to meet FlIe
Department's reqmrements
18) The eXIsting flIe hydrant assembly south of structure is shown on the west SIde ofPomsettta
Street wlule the City'S atlas shows it on the east Side Engmeer to venfy locatIOn and show the
distance from the property
19) The CIVil plans show a 25 ft +/- dumpster stagmg area/access ramp/parkmg spaces Need to
create a much smaller stagmg area hke the architectural drawmgs show
20) How do the empty dumpsters rotate m and out of condormmum trash enclosures?
21) PrOVIde detail for sarntary connectlon at south end ofbmldmg to proVIde continuous SanItary
sewer service to properties Iymg south of thIS project
22) ProVide details of proposed water and samtary connectlOns
22) On Sheet C-5, what does the note "Cut and Reparr" refer to?
23) What IS the clear vertical heIght of the first floor above the relocated samtary pIpeline?
24) NOTE AddItIOnal comments may be necessary based on the responses to condItIons
All the above to be addressed pnor to CDB
Pnor to bmldmg pennIt
1) FIeld deternune mvert e1evatlons of eXlstmg samtary lme
2) PrOVIde mvert e1evatlOns of proposed 8-mch samtary lme
3) Ifproposed samtary hne IS less that 3-feet below fInlshed grade It shall be ductIle Iron
EnVIronmental:
1 No Issues
FIre:
1
Show FDC at least 15 feet from the bmldmg and Withm 40 feet of a Fire Hydrant dedIcated to
the Frre Sprmlder System PRIOR TO CDB
Where underground water mams and hydrants are to be mstalled, they shall be Installed,
completed, and m servIce pnor to construction as per NFP A 241 Please acknowledge PRIOR
TO CDB
ThiS DRC ReView by Fire IS not an approval or reView of any constructIon plans or documents
other than Site work PLEASE ACKNOWLEDGE
Harbor Master:
No Comments
Legal:
No Comments
2
3
Development ReView Agenda - Fnday, November 12, 2004 - Page 36
Land Resources:
Revise tree removal calculatIOns, all trees rated 2 or below do not reqUIre replacements and all
palm trees are replaced at one mch each Provide pnor to bUlldmg pemut
Landscaping:
1 Pnor to Development Order,
1 Change plant matenals below the palms to Dwarf Oleander, between them change the plants
to Podocarpus which Will grow taller, and hrolt the "IV" to the areas adjacent to the doorways
and entrances
2 Darken the palms whIch are to remam, It IS unclear as to where they are and If they confhct
Wlth proposed
3 Several palms appear to be rated well, located away from constructIOn and are shown as X'd
out
4 There IS a smgle palm shown on the plan which IS not m the list and not keyed on the plan
5 Venfy the count on all plant matenal, and subnnt a revIsed plan sheet for review
Parks and Recreation:
I Open Space and Recreatton Impact fees are due pnor to Issuance ofbUlldmg penruts or fmal
plat (If applicable) whichever occurs first These fees could be substantIal and It IS
recommended that you contact Deb RIchter at 727-562-4817 to calculate the assessment
Stormwater:
1 1 Are eXlstmg pond and stormwater system bemg modified?
2 Place a note on the plans for the contractor to regrade pond and clean out eXlstmg structures
lfthey are to remam
3 Drrect all runoff from the garage to the pond
These need to be addressed pnor to COB
Solid Waste.
I
Enclosure not to Spc Explam how condo umts Will dispose of trash, how Will they recycle,
Show how eXlstmg retaIl Wlll dispose of Solid Waste and Recyclmg
Traffic Engmeermg:
Development ReView Agenda - Fnday, November 12, 2004 - Page 37
Planmng:
1 Parkmg gara.!;~ _csIgn on cIvil plans and architectural plans do .._, match
2 All parkmg spaces and dnve aIsles must meet current city standards I e for a 90 degree
parkmg stall It must meet mmlffium dimensIOns of9' Wide by 19' long With a 24' Wide dnve
aisle MET - 18 5' DIMENSION AS SHOWN ON THE SITE PLAN IS ACCEPTABLE WITH
THE CITY ENGINEER 10/28/2004 - PROVIDE DIMENSIONS FOR PARKING STALLS
ON FLOORS 2-3-4
3 All disabled partang stalls must comply With current City standards (Width, accessIble aIsle
and colunms 10 aIsle)
4 Provide a detail of the disabled parkmg stall and Sign
5 All dIsabled parkmg stalls must be strategically located close to an accessIble entrance
6 All levels ofparkmg must meet requIred A D A height clearance (8' - 2) for handicap vans
7 Show accessIble path from parkIng garage to connect retaIl bmldmg,condo and pubhc
SIdewalks
8 General Note Garage supports such as walls and columns must not mtrude WIthm parkmg
stall dImensIOns (Commumty Development Code SectIon 3-1402)
9 General Note Garage supports such as walls must not 11TIpede dnver's Sight vlSlblhty when
backmg out ofparkmg space (CommuDlty Development Code SectIon 3-1402)
10 Columns must not mtrude mto the dIsabled parkmg access aIsle Chapter 11 Flonda
BUIldmg Accesslblhty Code, SectiOn 11-4 6 3
11 Demonstrate that colunm locatiOns proVIde adequate turnmg radIUS to accommodate all
vehicular moblhty Without encroachlllg mto other traffic
12 - Show locatIOn of parklllg tIcket dlspenser( s)
13 Show stackmg for 18' vehicle With 2' gap between vehicles enterlllg the parklllg garage at
the tIcket dispenser at all entrances Stackmg for a nnmmrnn of two vehIcles at the malO
entrance and one at the condonnmum entrance )
14 SIght vlSlblhty tnangles are not displayed correctly Please refer to the commumty
development code for correct placement Page CD3 30
15 Remove bmldmg structures such as walls that are Wlthm the Sight VISlbllty tnangles or
re-deslgn bUlldmg wall where motonst's lme of Sight IS not obstructed
16 Pamt stop bar and the word" stop" at the bottom of ramp located near the condonnmum's
driveway
All of the above to be addressed pnor to COB
Traffic Impact Fees to be determmed and paid pnor to CO
Pnor to buddmg penmt
I Show hghtIng and dramage plan
Development ReVIew Agenda - Fnday, November 12,2004 - Page 38
2
Correct the dlSCRt- .,cy between the arcrutect's plans and the civil ~.._ plan regardmg bmldmg
heIght
How many parkmg spaces are dedIcated to the reSIdentla] component of the site?
State thIS mformatton Wlthm the site data table
Provide north and south butldmg elevations
Butldmg height should be stated from BFE to roof nudpomt
Improve the clanty of the locatIOn map
The site plan should have a plan sheet that shows the butldmg and ItS square footage
Label all outdoor hghtmg
Clearly show all eXlstmg and proposed accesses to thiS property
Improve the mdex sheet (expand It to mclude parkmg level sheets)
Correct the site data table mformation on lot size and bUlldmg height (clanfY what deck means)
Lable the location of all easements
The site plan set needs to show and detruZe the parkmg spaces per floor of the parkmg garage
The fourth level sheet needs to show WhICh IS pubhc versus pnvate (reSIdential) parking
State the FAR, eXistIng, proposed, and requITed
Address all cntena Wlthm the developments over one acre sectIOn of the appltcanon form
At rooftop level (see roof plan draWIng), show the pool, deck, and recreatlOnal area In detail
Label the access Islands at level one Wlthm the garage
Label parkmg space dImensIOns (typlcals) per floor
Correct the discrepancy m total number ofparkmg spaces Site Plan states total to be 359
parlang spaces, and the arclutect's plans state 362 spaces
Label and show all pedestrian ways Wlthm the garage (each level)
Clearly show all RIghts of Way wIthm and adjacent to the SIte
ProVide a color landscape plan
Bmldmg elevations need to mclude dlmemslOnal arrows to mdlcate heIght from BFE to roof
nudpomt and to roof towers The eXlstmg subnuttal shows roof heIght to the eaves
The prOJ ect as subnutted makes It difficult to detenrune If It IS consIstent WIth Beach by DeSign
The bmldmg elevations are not conSistent WIth the color rendenng
The bmldmg elevations need to clearly mdIcate, by labels, a descnptlOTI of the proposed bUlldmg
matenaIs Label any faux wmdows and any other deSIgn features
The color rendenng does not show detads for the mam entrance/dnveway
The garage floor plans need to show maneuvenng space (typlcals by floor) With drmenslOnal
arrows, labeled m Imear feet
The eXlstmg elevator, per what IS proposed or shovm on the floor plans, does not access the thtrd
and fourth garage levels
See Plan Sheet Al 4 Correct the parkmg total shown as 61 spaces (should be 60 spaces)
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
Other:
No Comments
Notes: TIns apphcatlon IS msufficlent to be scheduled for reVIew by the CDB
12-02-04 DRC agenda
Subrru t revised plans by 11-18-04 at noon to be on the
Development ReVIew Agenda - Fnday, November 12,2004 - Page 39
~:'~l~lrwater
F- III I:~'" ~ - I :,rl~...
u
FAX COVER MEMO
CITY OF CLEARWATER
PLANNING DEPARTMENT
100 S. MYRTLE AVE., 2nd Floor
CLEARWATER, FL 33756
(727) 562-4567 FAX: (727) 562-4865
TO:
FAX:
~
Phone:
-
FROM: /Wit(/. ~~/d'f
Phone: fl 2. -V.,c J' t
DATE: / /- r -() yo
SUBJECT: ~ ?.J?b Y - Cl,P 0 7 :J-
MESSAGE: &.. 4#-d~N.d' ot~ ~aA 1:f. ~/,-
;.....-
NUMBER OF PAGES(INCLUDING THIS PAGE)
b
Case Number FLD2004-f ~ -- 483 MANDALA Y AVE
Owner(s): B J E Tnc
630 S Gulfvlew Blvd
Clearwater, [oj 33767
TELEPHONE No Phone, FAX No Fax, E-MAIL No EmaIi
DRAFT
/I~ .r.... 01(
RepresentatIve: Keith Zayac
701 Enterpnse Rd East Ste 404
Safety Harbor, FI 34695
TELEPHONE 727-793-9888, FAX 727-793-9855, E-MAIL kelth@kelthzayac com
LocatJon: 1 68 acres located approximately 180 feet from the mtersectlOn of Mandalay Avenue and Baymont Street
Atlas Page 267A
ZOning District, T, Tounst
Request: Request for FleXIble Development approval, to permit a four-level parkmg garage With 359 parkmg spaces
and 28 reSidential attached umts, with a reductIOn of the front (east) setback from 25 feet to five feet, a
reductIOn ofthe side setbacks (north and south) from 10 feet to zero feet, and a bUlldmg height mcrease to
68 5 feet above Base Flood Elevation to top ofroof (In the Tounst Dlstnct, 35 feet IS the height limit for
attached dwelhngs, 50 feet ]S the height hmIt for a parkmg garage), as a ComprehenSive Tnfill
Redevelopment ProJect, under the provIsIOns of Section 2-803 C
Proposed Use Mixed use
Neighborhood Clearwater Beach ASSOCiatIon
AssoclatJon(s)' Clearwater, Fl 33767
827 Mandalay Ave
TELEPHONE 727-446-5801, FAX No Fax, E-MAIL dmacnav@attnet
Neighborhood Clearwater NeIghborhoods Coahbon
AssociatJon(s): Clearwater, FI 33761
2544 Fnsco Dnve
TELEPHONE 727-725-3345, FAX No Fax, E-MAIL DJw@gte net
Presenter. Mike Reynolds, Planner III
Attendees Included' Chlp Gerlock, MIke Reynolds, Scott RIce, Tracey Bruch, Joe Colbert, Tom Glenn
The DRC reviewed thiS appheation wIth the followmg comments:
General Engineermg'
Development ReView Agenda - Fnday, November 12, 2004 - Page 35
1) The architect! rawmgs and clvll drawmgs do not match
2) The archltectu] dJ drawmgs, Sheet AI], shows 362 parkmg spaces provided ancl the civil plans
show 359
3) The archItectural plans show two gated mgress/egress dnve aisles while the c]vll plans only
show the most northerly mgress/egress havmg a control gate
4) The architectural draWIng show SIdewalks leadmg from stmr tower to curb, willie the c]vll
show SIdewalk bemg extended to back-of-sldewalk Design should not encourage nud-block
crossmgs due to safety reasons
5) The arch]tectural plans show cohmms belllg constructed within drive aisles and parklllg spaces
6) Where do servIce and dehvery vehIcles park?
7) Show how the reSIdents access the roof top pool and all related functions aroWld the pool
8) Exhibit "C" (lO)(B) states the floor plates above 42 ft are 28,200 sq ft willch does not meet
design cntena
9) Exhiblt "C" (1 O)(D) states that setbacks along local streets should be 12 ft and the proposed
structure IS only 5 ft from the nght-of-way of Po InsettJ a Street
10) The architectural plans Sheet P 1 shows the watersIde balcony extendmg approxunately 36 ft
beyond the extenor wall whlle a d]menslOnal note for the waterside balcony IS 10' x 30'
11) Need to venfy where the eXlstmg 6" clay pipe runs through the south end of the property]t
serves
12) Need to show to where the eXIstmg grease traps are bemg relocated
13) The eXIstmg gas meters may need to be relocated at the apphcant's expense
14) The eXIstmg backflow devlce(s) will have to be relocated outSide bUIlding envelope and stay
wlthm the boundanes of thiS property ownership
15) The proposed stop SIgns appear to be behInd walls of the parkmg garage
16) Need to mstall the F D C on pnvate property and meet Fue Department's reqUirements
17) Need to prOVide enough ftre hydrant assemblIes along all nghts-of~way to meet Fue
Deparlment's requrrements
18) The eXlstmg fire hydrant assembly south of structure ]S shown on the west side ofPomsettIa
Street whlle the CIty'S atlas shows It on the east Side Engmeer to venfy locatlon and show the
distance from the property
19) The clvll plans show a 25 ft +/- dumpster stagmg area/access rarnp/parkmg spaces Need to
create a much smaller stagmg area hke the ardntectural draWIngs show
20) How do the empty dumpsters rotate III and out of condonumum trash enclosures?
21) Provide detaIl for samtary cOllllectlon at south end of bmldlllg to proVIde contmuous samtary
sewer service to properties lymg south oftrus project
22) Provide detads of proposed water and samtary connectIOns
22) On Sheet C-5, what does the note "Cut and Repair" refer to?
23) What IS the clear vertical height of the first floor above the relocated sarntary plpehne?
24) NOTE Additional conunents may be necessary based on the responses to conditions
All the above to be addressed pnor to CDB
Pnor to bmldmg penmt
1) Field detenmne lllvert elevations of eXIstmg samtary hne
2) Provide mvert elevatlons of proposed 8-mch samtary lme
3) If proposed samtary Ime IS less that 3- feet below flmshed grade It shall be ductile Iron
EnVironmental:
No Issues
Fire:
1 Show FDC at least 15 feet from the bmldmg and Wlthm 40 feet of a Fue Hydrant dedIcated to
the Fue Spookier System PRIOR TO COB
2 Where underground water mams and hydrants are to be mstalled, they shall be mstalled,
completed, and ill service pnor to constructlOn as per NFPA 241 Please acknowledge PRIOR
TO CDB
3 ThiS DRC ReVIew by Fife IS not an approval or review of any construction plans or documents
other than SIte work PLEASE ACKNOWLEDGE
Harbor Master:
No Comments
Legal:
No Comments
Development Rev]ew Agenda - Fnday, November 12, 2004 - Page 36
Land Resources:
Revise tree removal calculatlOns, all trees rated 2 or below do not reqUlTe replacements and all
palm trees are replaced at one II1ch each ProvIde pllor to bUlldmg perrrut
Landscapmg:
1 PrIor to Development Order,
1 Change plant matenals below the palms to Dwarf Oleander, between them change the plants
to Podocarpus whIch wIll grow taller, and hrrut the "IV" to the areas adjacent to the doorways
and entrances
2 Darken the palms which are to remam, It IS unclear as to where they are and If they conflict
Wlth proposed
3 Several pahns appear to be rated well, located away from constructIOn and are shown as X'd
out
4 There IS a smgle palm shown on the plan which IS not 10 the hst and not keyed on the plan
5 Venfy the count on all plant materIal, and subrrut a revised plan sheet for review
Parks and RecreatIOn:
Open Space and RecreatIon Impact fees are due prIor to Issuance ofbUlldmg perrruts or frnal
plat (If apphcable) whIchever occms first These fees could be substantIal and It IS
recommended that you contact Deb RIchter at 727-562-4817 to calculate the assessment
Stormwater:
1 1 Are eXlstmg pond and storrnwater system bemg modIfied?
2 Place a note on the plans for the contractor to regrade pond and clean out eXIstmg structures
If they are to remam
3 DlTect all runoff from the garage to the pond
These need to be addressed prIor to CDB
Sohd Waste:
1
Enclosure not to Spc Explam how condo umts Wl11 dIspose of trash, how Wlll they recycle,
Show how eXistIng retaIl Wlll dIspose ofSohd Waste and Recyclmg
Traffic Engmeermg:
Development ReVIew Agenda - Fnday, November 12,2004 - Page 37
Planmng:
I Parkmg gar ~slgn on civIl plans and architectural plans ( t match
2 All parkmg S!-'aces and dnve aIsles must meet Gurrent City standards I e for a 90 degree
parklllg staJ11t must meet minimum dImenSIOns of9' wlde by 19' long wIth a 24' WIde dnve
aIsle MET - 18 5' DIMENSION AS SHOWN ON THE SITE PLAN IS ACCEPTABLE WITH
THE CITY ENGINEER 10/2812004 - PROVIDE DIMENSIONS FOR PARKING STALLS
ON FLOORS 2-3-4
3 All disabled parkmg stalls must comply with current City standards (width, accessible aisle
and columns m aIsle)
4 Provide a deta1l of the dIsabled parkmg stall and SIgn
5 All disabled parkmg stalls must be strategIcally located close to an accessible entrance
6 All levels ofparkmg must meet requued A D A helght clearance (8' - 2) for handIcap vans
7 Show accessible path from parlang garage to connect retail bUlldmg,condo and pubhc
Sidewalks
8 General Note Garage supports such as walls and columns must not mtrude Wlthm parkmg
stall dunenslODs (Commumty Development Code SectlOn 3-1402)
9 General Note Garage supports such as walls must not lll1pede dnver's sight vlslbihty when
backmg out of parkmg space (CommuTIlty Development Code SectlOn 3 -1402)
10 Columns must not mtrude mto the d1sabled parkmg access aisle Chapter 11 Flonda
Bmldlllg AccessIbihty Code, SectIon 11-4 6 3
11 Demonstrate that column locatIOns provIde adequate turnmg radms to accommodate all
vehicular mobllity Without encroachIng mto other traffic
12 Show locatIOn ofparlang ttcket dispenser(s)
13 Show stadang for 18' vehicle with 2' gap between velucles entenng the parklllg garage at
the heket dispenser at all entrances Stackmg for a nuDlmum of two vehicles at the roam
entrance and one at the condonuDlllll1 entrance
14 Sight ViSIbilIty mangles are not dIsplayed correctly Please refer to the conunumty
development code for correct placement Page CD3 30
15 Remove bmldmg structures such as walls that are withm the sight VISlbllty mangles or
re-deslgn bmldmg wall where motonst's hne of slght IS not obstructed
16 Pamt stop bar and the word "stop" at the bottom of ramp located near the eondonumllll1's
dnveway
All of the above to be addressed pnor to CDB
Traffic Impact Fees to be deternuned and paid pnor to C 0
Pnor to bUlldmg penmt
1 Show hghtmg and dralllage plan
Development ReVIew Agenda - Fnday, November 12, 2004 - Page 38
Correct the disc cy between the architect's plans and the CIVI plan regardmg bUlldmg
height
2 How many parkmg spaces are dedIcated to the reSidentIal component of the sHe?
State this mformatIon wlthm the ~Ite data table
3 Provide north and south bmldmg elevatIOns
4 Bmldmg heIght should be stated from BFE to roofnudpomt
5 Improve the clanty of the locatIOn map
6 The site plan should have a plan sheet that shows the bUlldmg and ItS square footage
7 Label all outdoor hghtmg
8 Clearly show all eXlstmg and proposed accesses to tlus property
9 Improve the mdex sheet (expand It to mclude parkmg level sheets)
to Correct the SIte data table mformatIon on lot size and bUlldmg height (clanfy what deck means)
11 Lable the locatIOn of all easements
12 The site plan set needs to show and ltellllze the parkmg spaces per floor of the parlang garage
The fourth level sheet needs to show which IS public versus pnvate (resldentlUl) parkmg
13 State the FAR, eXIstmg, proposed, and requued
14 Address all cntena WIthm the developments over one acre sectIon of the app!tcatIon form
15 At rooftop level (see roof plan draWIng), show the pool, deck, and recreatIonal area m detatl
l6 Label the access Islands at level one wttlun the garage
17 Label parlang space dimensIOns (typicals) per floor
18 Correct the discrepancy m total number ofparlang spaces Site Plan states total to be 359
parkmg spaces, and the arcrutect's plans state 362 spaces
19 Label and show all pedestnan ways wtthm the garage (each level)
20 Clearly show all Rights of Way wlthm and adpcent to the site
21 Provide a color landscape plan
22 BUlldmg elevatIOns need to mclude dlmemslOnal arrows to mdIcate heIght from BFE to roof
nudPOlllt and to roof towers The eXlstmg subrmttal shows roof height to the eaves
23 The proJ ect as subrmtted makes it difficult to detenrune If It IS consistent WIth Beach by DeSign
24 The bUlldmg elevatIOns are not consistent WIth the color rendenng
25 The bUlldmg elevatIons need to clearly mdlcate, by labels, a descnptron of the proposed bUlldmg
matenals Label any faux wtndows and any other desIgn features
26 The color rendenng does not show detalls for the mam entrance/dnveway
27 The garage floor plans need to show maneuvenng space (typlcals by floor) wtth drmensIOnal
arrows, labeled m hnear feet
28 The eXlstmg elevator, per what is proposed or shown on the floor plans, does not access the thud
and fourth garage levels
29 See Plan Sheet Al 4 Correct the parkmg total shown as 61 spaces (should be 60 spaces)
Other:
No Comments
Notes: ThiS applicatIOn is InSufficient at thiS time
Development Review Agenda - Fnday, November 12,2004 - Page 39
CITY OF CL*RWATER
PLANNING DEPARTMENT
MUNICIPAL SERVICES BUILDING
100 SOUTH MYRTLE AVENUE, CLEARWA.TER, FLORIDA 33756
TELEPHONE (727) 562~4567 FAX (727) 562-4576
WWW MYCLEARWATER COM
October 15,2004
KeIth Zayac
101 PhIllippe Parkway
Ste 205
Safety Harbor, FI34695
RE' FLD2004-09072 -- 483 MANDALA Y AVE -- Letter of Completeness
Dear KeIth Zayac
The Planmng Staff has entered your applicatIon mto the Department's filing system and assIgned the
case number FLD2004~09072 After a prehrmnary reVIew of the submitted documents, staffhas
determmed that the applicatIOn IS Complete
The Development RevIew Committee (DRC) will reVIew the applicatIOn for sufficiency on
November 12,2004, III the Plannmg Department conference room - Room 216 - on the second floor
ofthe MUnICIpal Services BUlldmg The bmldmg IS located at 100 South Myrtle Avenue m
downtown Clearwater Please call Sherry Watkms, Adnllmstratlve Analyst, at 727-562-4582 no
earher than one week pnor to the meetmg date for the approximate tIme that your case WIll be
reviewed You or your representattve (as applicable) must be present to answer any questIOns that the
DRC may have regardmg your applIcatIon AdditIonal comments may be generated by the DRC at the
tIme ofthe meetmg
If you have any questtons, please do not heSItate to contact me at 727-562-4836 or
Mike Reynolds@myclcarwater com
Smcerely yours,
M,k~
Mike Reynolds, AICP
Planner III
Leller of Completeness - FLD2004-090 72 - 483 MAND4 LA Y AVE
'~
PERMIT'>
3 1 9-04
Keith Zayac & Associatesot Inc.
CIvil Engmeermg, Landscape Architecture, Planning
70 I Enterpnse Road E , Ste 404
Safety Harbor, FL 34695
(727) 793-9888 Phone
(727) 793-9855 Fax
kelth@kelthzavac com
Mr. Richard Alt, P.E.
Soutbwest Florida Water Management District
7601 Higbway 301 North
Tampa, Flonda 33637 - 6759
(813) 985 7481
September 29, 2004
Re: Pelican Walk (Clearwater, Florida)
SWFWMD Application No. TO BE ASSIGNED
KZA Project No. 326-04
Dear Mr Alt
Please accept tillS transmittal as a fonnal request for Issuance of a letter from SWFWMD Indlcatmg
NO PERMIT REQUIRED To this effect, the followmg are enclosed/attached
. Two (2) copies of 8 5" X II" aertals indicating eXlstmg conditions
. Two (2) copIes of 11" X ] 7" survey mdlCatlng existing conditIOns
· Two (2) copIes of 1 ]" X 17" site plan indICating proposed conditIOns
· Two (2) copies of location map
· One (1 ) copy of PermIt l nq u 11)' ChecklIst
Additionally, the followmg table summanzes the existmg and proposed conditions
EXISTING
CONDITIONS
61,445
33,349
73,379
PROPOSED
CONDITIONS
57,246
300
73,379
Thank you for your assistance with thIS project
Please contact us If there are any. questions ~
\r~ r?~lCn~,rp I ~
ql [1 '~~:!'r ~I_~,I_~ : \:
I ' ,
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OR\G\NA
L_--- - _---.J
pu\ J,,',':3 E, r-\ -"\)"rK\ll
St:H J CCS
CITY OF CLEX1Nr,F:l:1
\
l
--.J
Keith Zayac & Associates" Inc.
C1vli Engmeenng, Landscape Architecture, Plannmg
701 Enterpnse Road E , Ste 404
Safety Harbor, FL 34695
(727) 793-9888 Phone
(727) 793-9855 Fax
kelth@kelthzayac com
MEMORANDUM
TO
Steve Spencer
FROM:
Keith E. Zayac, P.E., RLA
DATE'
June 18,2004
RE:
Pelican Walk
The following is a calculation based on an example received from the City. I would
recommend having the planning staff review and comment. These calculations use a
maximum floor area ratio of 1.0 and maximum dwelling Units per acre of 30 per City code
section 2-801.1.
Maximum Development = (FAR + DU's) combined, not Maximum FAR + Maximum DU's
1 38,000 SF retail total non-residential proposed.
How much residential is allowed, given 73,485.72 SF total land and 38,000 SF of non~
residential use proposed.
1. Determine how much of site is "allocated" by 38,000 SF non-residential at maximum 1 0
FAR.
1.0x = 38,000 SF
X = 38,000/1.0
therefore 38,000 SF of total land IS required for retail
2 How much land IS left for reSidential development?
73,48572 SF total land -38,000 SF commercial allocated land = 35,48572 SF or 0.8146
acres left for residential development.
3. How many Units allowed on available land?
0.8146 acres x 3 0 Units per acre = 32.59 units Bits.
~ .~
~~~ - \~
Wells, Wayne
From
Sent
To
Subject
Wells, Wayne
Monday, July 23,2007433 PM
Oelk, Michael
483 Mandalay Avenue
Michael -
A Flexible Development application was approved by the COB on Apn119, 2005, to permit the construction of a parking
garage of four stones and 28 attached dwellings above the parking garage (three additional stones) In conjunction with
eXisting retail sales (Case No FLD2004-09072/TOR2004-01015) Code provISions require the submission of an
application for bulldlng permit to construct the proposed Improvements within one year of COB approval (Apnl 19, 2006)
BUilding Permit #BCP2006~04025 was submitted April 3, 2006, to construct the parking garage and 28 attached dwellings,
In compliance with Code provISions This bUilding permit IS stili In "received" status The last entry IS where comments
were faxed to the contractor on September 14, 2006 Should the bUilding permit be vOided by Development Services due
to Inactivity, then the FLD approval would lapse and become vOid
Wayne
1
Wells, Wayne
From
Sent
To
Subject
Wells, Wayne
Monday, July 23,2007453 PM
Lopez, Michael
BCP2006-04025, 483 Mandalay Avenue
Michael -
Answering questions for Michael Oelk regarding this property, I noted that the last entry was on September 14, 2006
Potentially, you may want to ask them If they are stili proceeding Thanks
Wayne
1
..
Wells, Wayne
From
Sent
To
Subject
Clayton, Gina
Monday, May 02,2005814 AM
Wells, Wayne
RE Pelican Garage
so they actually have more than 100 public spaces Thanks Wayne
mnOngmal Message-m-
From wells, Wayne
Sent: Monday, May 02, 2005 8 10 AM
To: Clayton, Gina
Subject: RE Pelican Garage
232 total requ Ired spaces [retail (190) and attached dwell I ngs (42)]
-----On gma I M essage-----
From: Clayton, Gina
Sent. Monday, May 02, 2005 B 07 AM
To: Wells, Wayne
Subject: RE Pelican Garage
So 254/255 were reqUired?
--mOngmal Messagen---
From: Wells, Wayne
Sent Sunday, May aI, 20054 29 PM
To: Clayton, Gma
Subject: RE Pelican Garage
My understanding from Scolt Rice and Mike QUillen was thai there was to be 100 spaces above what they
needed The plans that were approved showed/Indicated 354 or 355 spaces There may be a reduction of 1 _
2 spaces for dumpsters
m--Ongmal Messagem--
From' Clayton, Gma
Sent: Thursday, April 28, 2005 2 36 PM
To: Wells, Wayne
Subject: Pelican Garage
Wayne - can you tell me If the approved Pelican Garage decreased the public parking spaces from what
was being consldenng when they were stili gOing to get some city funding? Can you provide me the
number even If It was not changed? Thanks
Gina
1
Wells, Wayne
From
Sent
To
Subject
Wells, Wayne
Sunday, May 01, 2005 4 29 PM
Clayton, Gina
RE Pelican Garage
My understandmg from Scott Rice and Mike QUillen was that there was to be 100 spaces above what they needed The
plans that were approved showed/indicated 354 or 355 spaces There may be a reduction of 1 - 2 spaces for dumpsters
mnOnglnal Message-----
From. Clayton, Gina
Sent: Thursday, April 28, 2005236 PM
To Wells, Wayne
Subject. Pelican Garage
Wayne - can you tell me If the approved Pelican Garage decreased the public parking spaces from what was being
consldenng when they were stili gOing to get some city funding? Can you provide me the number even If It was not
changed? Thanks
Gina
1
Page 1 of 1
Wells, Wayne
From
Sent
To
Subject
Richard Marcel [Rlchard@Kelthzayac com]
Tuesday, Apnl 19,2005855 AM
Wells, Wayne
Pelican Walk
Wayne,
Attached are the landscape and site plans In PDF format for Pelican Walk Please give us a call If you have any
questions
Thank you,
Richard Marcel
Keith Zayac & Associates, Inc
701 Enterprise Road E , SUite 404
Safely Harbor, Flonda 34695
Phone 727-793-9888
Fax 727-793-9855
5/1/2005
CDB MeetIng Date
Case Numbers
Agenda Item
Owner! Apphcant
Representatl ve
Address
Apn119,2005
FLD2004-09072!TDR2005-0 1 0 IS
01
BIE, Inc
Keith Zavac
483 Mandalav Avenue
OR\G\NAL
CITY OF CLEARWATER
PLANNING DEPARTMENT
STAFF REPORT
GENERAL INFORMATION:
REQUEST:
EXISTING ZONING!
LAND USE:
PROPERTY SIZE:
PROPERTY USE:
(1) FleXible Development approval to permIt a nuxed use (proposed
parkIng garage and attached dwelhngs In conJunctlon wIth eXistmg
retail sales) wIth a reductIOn to the front (east) setback from 25 feet
to 4 77 feet (to bmldmg), a reductIOn to the sIde (north) setback from
10 feet to 291 feet (to bUIldmg), reductIOns to the side (south)
setback from 10 feet to zero feet (to dumpster enclosure), from 10
feet to 1 74 feet (to pavement) and from 10 feet to 26 feet (to
bUlldmg), a reductIOn to the rear (west) setback from 20 feet to 05
feet (to bUIldmg), to mcrease the bUIldmg height from 35 feet to 70
feet (to roof deck) wIth an additIOnal four feet for penmeter parapets
(from roof deck) and an addltlonal 16 feet for rooftop pavIlion (from
roof deck) and to permIt a bUIldmg withm the ViSlblhty tnangles, as
a ComprehenSive Infill Redevelopment ProJect, under the provIsions
of SectIOn 2-803 C, and a reductIOn to the width of foundatlon
landscapmg along Pomsettla Avenue from five feet to 477 feet, as a
ComprehensIve Landscape Program under the provISIons of SectlOn
3-1202 G, and (2) Transfer of Development Rights of four umts
from 656 Bayway Boulevard, under the provISIons of SectIon 4-
1402 (TDR2005-01015)
Tounst (T) Dlstnct, ResIdentIal Facihtles High (RFH) Category
1 68 acres
Current Use RetaIl sales and servIces (38,000 square feet)
Proposed Use Mixed use of retail sales and services (38,000 square
feet), parkmg garage of 355 spaces and 28 attached dwelling UnIts
(condommiums)
Staff Report - CommuOlty Development Board - Apn119, 2005
Cases FLD2004-09072/TDR2005-01015 - Page 1 of 10
ADJACENT ZONING/
LAND USES:
North Tounst Dlstnct, Restaurant and retaIl sales
East Tounst Dlstnct, Overnight accommodation uses, retaIl sales
and restaurants
South Tounst DIstnct, Retail sales
West Tounst Dlstnct, Restaurant and retaIl sales
CHARACTER OF THE
IMMEDIATE VICINITY: The surrounding area IS tounst-dommated area wIth a mIxture of
attached dwellIngs (condommmm), overnIght accommodatIOn uses
and tounst-onented commercIal uses
UPDATE:
This FlexIble Development case was ongmally advertised for the January 18,2005, CDB agenda
It was requested by staff to be contmued to a date uncertam (and so contmued by the CDB) due to
an mcomplete TDR applIcatIOn (which was not ongmally advertised) and due to unsafe vehIcular
movements at the southern dnveway and the bottom of the ramp needIng to be resolved These
concerns have been resolved and the requests have been properly advertIsed
ANALYSIS:
Site LocatIOn and Existing Conditions: The 1 68-acre sIte IS located between Mandalay Avenue
and PomsettIa Avenue approxImately 180 feet south of Baymont Street The site has
approxImately 300 lmear feet of frontage on Mandalay Avenue (west) and 350 lmear feet on
POinsettIa Avenue (east) ThIS parcel IS currently developed with a 38,000 square-foot shoppmg
center The bUIldIng IS on the west sIde of the sIte and the current surface parkIng lot of
approximately 101 parkmg spaces IS on the east side of the SIte Attached dwellmgs are being
constructed wIthm close proximIty of thIS SIte, mcludmg the Belle Harbor project north of
Baymont Street (under construction), Mandalay Beach Club to the southwest across Mandalay
Avenue (completed) and the proposed Sandpearl project across Mandalay Avenue
Proposal: The proposal mcludes redevelopmg the SIte mto a mixed use of the eXistIng 38,000
square-foot shoppmg center, combmed WIth a four-level parkmg garage east of the shoppmg center
bUlldmg of 355 parkmg spaces that IS topped by three-levels of a total of 28 attached dwellIngs
The SIte IS located wIthm the Retail and Restaurant DIStnct of Beach by Deslgn The proposed
parkmg garage With parkmg avaIlable to the public will provIde convement parkmg to thIS RetaIl
and Restaurant Dlstnct
East of the eXlstmg shoppmg center bUIldmg the applIcant proposes to construct the seven-story
addItIon where the eXlstmg surface parkmg lot IS currently located Access to the eXIstmg surface
parkmg IS from two dnveways, one on the north sIde and one on the south sIde of the parkmg lot
Access wIll essentIally remam the same, WIth the pnmary entrance and eXit dnveway on the north
sIde and a resIdent/emergency eXlt~only dnveway on the south sIde The southern
resIdent/emergency eXit dnveway should, however, be used for both mgress and egress at
appropnate tImes dunng peak events Parkmg m the garage wIll be by a fee (except for the
reSIdentIal parkmg area on the fourth level) A loadmg zone for delIvery trucks for the retaIl
Staff Report - Commumty Development Board - Apnl 19, 2005
Cases FLD2004-090n/TDR2005-01015 - Page 2 of 10
busmesses IS bemg provIded wlthm the nght-of-way for those trucks that cannot enter the parkmg
garage The ground level of the parkmg garage WIll allow for larger vehicles due to the second
level of the parkmg garage needmg to be at the same elevatIOn as the second floor of the shoppmg
center The parkmg garage Will provide 73 parkmg spaces on Level One (ground level), 90 parkmg
spaces on Level Two, 104 parkmg spaces on Level Three and 88 parkmg spaces on Level Four
Gates Will restnct the pubhc from the reSident parkmg on Level Four Code provIsIOns reqUIre
232 parkmg spaces for the eXIstmg shoppmg center and proposed attached dwellmgs, whereas 355
parkmg spaces are bemg proVided A portIOn of the parkmg garage WIll be open to the pub he,
provldmg relief from the need for additIonal parkmg on the beach
Above the four-level parkmg garage, the applIcant proposes a total of 28 attached dwelhngs on
three floors Due to the eXIstmg shoppmg center floor area, a mixed-use calculatIOn of unused
mtensIty provides for 24 dwellmg UnIts The applicant IS requestmg an additIOnal four dwellmg
umts through the use of a Transfer of Development Rights from 656 Bayway Boulevard The
proposal IS m comphance WIth the cntena of SectIOn 4-1403 for the Transfer of Development
Rights Levels FIve and SIX are proposed WIth 10 attached dwellmgs per floor, whereas Level
Seven IS proposed With eight attached dwellmgs The applIcant proposes on Level Seven tenant
storage umts for the reSIdents Use of these tenant storage umts must be restncted to storage only
A pool and 35-foot by 40-foot, open rooftop pavIllOn are proposed on the roof of the bUIldmg as
part of a common area for the condommmm reSIdents Due to Code proVIsIOns regardmg height
and the advertIsement of the requested heIght, the pavilIOn on the roof must be open-aIr and not be
enclosed m any manner The overall bUIldmg height IS proposed to be 70 feet (to roof deck), WIth
an addItIOnal four feet for penmeter parapets (from roof deck) and an additIonal 16 feet for the
rooftop paVIlIon (from roof deck to the peak of the pavilIOn roof)
The new bUIldmg has been deSigned to mcorporate many of the deSign elements outlmed m Beach
by DeSIgn, mcludmg undulation of the front fayade, archItectural bandmg, steppmg of balcomes,
arches and tower elements The bUIldmg has been deSigned With dIstmctIve alum mum gnllwork
and arches on the first four levels to achieve the goal of the bUIldmg not lookmg hke a parkmg
garage The bUIldmg at Level 5 IS stepped back vertIcally and honzontally from the parkmg levels,
provldmg balcomes for the dwelhngs on both the east and west elevatIons Balcomes for the
dwellmg umts on the south Side are cantIlevered from the bUIldmg, which are mIrrored for UfiltS on
the north SIde of the bUIldmg, to add mterest and break up the overall mass The west elevatIOn of
the new bUlldmg IS set back approxImately 110 feet from Mandalay A venue due to the eXIstmg
shoppmg center bUlldmg DeSIgn elements of the eXistIng shoppmg center bUlldmg are bemg
mcorporated mto the new bUlldmg, mcludmg decoratIve medallions, barrel tIle roofing, bandmg
detaIls and arches The color palette for the new bUIldmg WIll be conSIstent With that of the
eXlstmg bUlldmg The proposal IS compatIble With the surroundmg development, and WIll upgrade
and enhance the commumty character and visual appearance of the ImmedIate vlclmty
The proposal mcludes a reductIOn to the front (east) setback from 25 feet to 4 77 feet (to bUIldmg),
a reductIon to the SIde (north) setback from 10 feet to 2 91 feet (to bUIldmg), reductIons to the Side
(south) setback from 10 feet to zero feet (to dumpster enclosure), from 10 feet to 1 74 feet (to
pavement) and from 10 feet to 2 6 feet (to bUlldmg) and a reduction to the rear (west) setback from
20 feet to 05 feet (to bUI!dmg) The reduction to the front setback from PomsettIa Avenue for the
Staff Report - Commumty Development Board - Apnl 19, 2005
Cases FLD2004-090nrrDR2005-01015 - Page 3 of 10
parkmg garage IS at the approximate same locatIOn as the eXIstmg surface parkIng lot The
proposed front setback IS a fW1ctlon of the locatlon of the eXIstmg shoppmg center bUlldmg,
compliance wIth the standards for parkmg lot design and the stallwell desIgn The stalf\vells
protrude shghtly from the mam bUIldmg edge, which aSSists m the provIsIOn of Visual Interest and
undulatIOn of the bUIldmg fayade ThiS similar protrusIOn has been echoed wIth the elevator and
trash chute towers The side setback reductIOns to the south property hne partially are a product of
property lInes not beIng perpendicular to the front property hnes The side setback reduction to the
north property lIne IS a functIOn of complymg with the standards for parkIng lot desIgn and
attemptmg to maximIze the number of parkIng spaces beIng provIded The eXistmg shoppmg
center bUlldmg is a zero side setback (north and south) The rear setback reductIOn m the
southwest comer of the SIte for the new bUIldIng IS also part of complymg wIth the standards for
parkIng lot desIgn and lot dimensions The proposed redevelopment of thIS parcel In order to
maximIze the number of parkmg spaces m the parkIng garage IS otherwIse Impractical without
deVIation from the setback reqUIrements of the Tounst DIstnct FleXibIlIty m regard to these
reqUIred setbacks are also Justified by the benefits to the prOVIsIon of parkmg spaces exceedIng the
reqUIred number ofparkmg spaces that wIll be aVaIlable to the public on thiS portIOn of the beach
The site and bUildIng plans presently show a dumpster enclosure on the south SIde of the property,
a trash chute and dumpster storage room for reSidentIal trash approximately In the mIddle of the
bUIldmg (north of the electncal room) and a dumpster room toward the north Side of the bmldmg
These dumpsters all have access to POInsettia Avenue for rollout pIckup servIce or dIrect truck
pickup service However, the dumpsters mdlcated are madequate for the uses on thIS property
(exlstmg or proposed) To resolve thIS madequacy, the applIcant has mdIcated In wntmg that the
best way IS to place (2) 17 yard compactors m the proposed dumpster storage area at the northern
end of the bUlldmg ThiS would reduce the number ofparkmg spaces prOVIded by one space due to
the Width of the compactor (793 feet + 2'/ SIde for servIce = 11 93 feet) ThIS development WIll
also be reqUired to have two addItIOnal 4 cubIc-yard rollout dumpsters and a recyclIng area These
changes, acceptable to the SolId Waste Department, should be reflected on the Site and bUlldmg
plans pnor to the Issuance of any permits
In furtherance of SectIOn 6-104 A of the Code, any nonconformmg sIgnage for the shoppmg center
Will be reqUIred to be brought Into conformance with Code provIsIOns pnor to the Issuance of the
first Certificate of Occupancy for the dwellings The pelican medallions proposed for thIS new
bUildIng are conSIdered signs under the prOVlSlons of the Code, and wIll reqUire the submissIon of
a ComprehensIve SIgn Program The Comprehensive Sign Program may be utilized to prOVIde
freestandmg and attached slgnage (and potentially to retam eXlstmg nonconformmg slgnage) m
accordance with Code proVISIOns
All applicable Code reqUIrements and cntena mcludmg, but not limIted to, General ApphcabIlIty
cntena (Section 3-913) and Comprehensive Infill Redevelopment Project cntena (SectIOn 2-
803 C) have been met
Code Enforcement Analysis: There are no outstandIng enforcement cases for thIS property
Staff Report - Commumty Development Board - Apnl 19, 2005
Cases FLD2004-090n/TD R2005 -0 1015 - Page 4 of 10
COMPLIANCE WITH STANDARDS AND CRITERIA: (Sections 2-801.1 and 2-803.C):
STANDARD PROPOSED CONSISTENT INCONSISTENT
MAX. INTENSITY I 38,000 square feet of retail sales and X*
DENSITY (1.0 FAR; service and restaurant floor area and 28
30 dwelling units per dwelling umts (mc1udes the addition of
acre) (38,000 sq uare four dwelhng umts through the Transfer
feet; 20 dwelling DUlts of Development Rights)
maximum)
IMPERVIOUS 080 X
SURFACE RATIO
(ISR) (0.95 maximum)
LOT AREA (For 1 68 acres, 73,379 square feet X
retail sales and
services and attached
dwellings: 5,000 -
10,000 sq. ft.
mIDlmDm)
LOT WIDTH (For 300 lmear feet along Mandalay X
retail sales and Avenue (west) and 350 lInear feet
services and attached along PomsettIa A venue (east)
dwellings: 50 - 100
feet minimum)
FRONT SETBACK East 477 feet (to bU11dmg) X*
(0-15 feet) West zero feet (to eXIstmg bmldmg)
REAR SETBACK 05 feet (to bmldmg) X*
(10-20 feet)
SIDE SETBACK N9rth 291 feet (to bmldmg) X*
(0-10 feet) South zero feet (to dumpster
enclosure), I 74 feet (to pavement)
and 2 6 feet (to bUIldmg)
HEIGHT (35-100 feet) 70 feet (to roof deck) with an X*
addItIOnal four feet for penmeter
parapets (from roof deck) and an
addItIonal 16 feet for rooftop paVIlIon
(from roof deck)
PARKING SPACES 355 spaces X
(a) (232 spaces reo.)
(a) Retail sales and servIces five spaces per 1,000 square feet, attached dwellmgs 1 5 spaces per
umt, Total reqUired = 232 spaces
* See dlSCUSSlOD under AnalysIs
Staff Report - Commuruty Development Board - Apn119, 2005
Cases FLD2004-09072/TD R2005 -0 1015 - Page 5 of 10
COMPLIANCE WITH COMPREHENSIVE INFILL REDEVELOPMENT PROJECT
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 ITom the use,
mtensIty and development standards
2 The development of the parcel proposed for development as a X
Comprehensive lnfill Redevelopment Project WIll not reduce the fair
market value of abuttmg properties
3 The uses wlthm the ComprehensIve Infill Redevelopment Project are X
otherwIse permItted III the City of Clearwater
4 The use or mIX of uses wIthm the Comprehensive In fi 11 X
Redevelopment Project are compatIble with adjacent land uses
5 The development of the parcel proposed for development as a X
ComprehensIve Inti 11 Redevelopment Proj ect will upgrade the
Immediate VICInIty of the parcel proposed for development
6 The desIgn of the proposed Comprehensive Infill Redevelopment X
Project creates a form and functIon that enhances the commumty
character of the Immediate VICInIty of the parcel proposed for
development and the City of Clearwater as a whole
7 FleXibIlIty In regard to lot wIdth, reqUired setbacks, heIght and off- X
street parkmg are Justified by the benefits to commumty character and
the Immediate VICInIty of the parcel proposed for development and the
City of Clearwater as a whole
8 Adequate off-street parkmg In the Immediate vlclmty accordmg to the X
shared parkmg formula m DlvIslOn 14 of Article 3 WIll be aVailable to
aVOid on~street parkmg m the ImmedIate vlcmIty of the parcel
proposed for development
9 The desIgn of all bUlldmgs complIes with the Tounst Dlstnct desIgn X
gUldelmes m DlvlslOn 5 of ArtIcle 3
* See dlscusslOn under AnalysIs
Staff Report - Commumty Development Board - Apnl 19, 2005
Cases FLD2004-09072/TDR2005-01015 - Page 6 of 10
COMPLIANCE WITH GENERAL STANDARDS Section 3-913 :
ConSistent
Inconsistent
Development of the land will be In harmony with the scale, bulk, X
covera e, densIt and character of ad acent ro ertIes
2 Development will not hmder or discourage development and use of X
ad acent land and bUlldm s or Sl mficantl 1m air the value thereof
3 Development will not adversely affect the health or safety of persons X
resldmg or workm m the nel borhood
4 Develo ment IS desl ed to minImize traffic con estlOn X
5 Development IS consIstent With the communIty character of the X
Immediate vlclmt
6 Design of the proposed development mInimIZeS adverse effects, X
mcludmg vIsual, acoustIc and olfactory and hours of operatlOn
1m acts on ad acent ro ertIes
* See discussion under Analysts
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 abuttmg property
2 The uses wlthm the project are otherwIse permitted III 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 functlOn whIch X
enhances the commumty character of the ImmedIate VICInIty of the
parcel proposed for development and the City of Clearwater as a
whole
· See discussIOn under AnalysIs
FINDINGS OF FACT AND CONCLUSIONS OF LAW:
FINDINGS
1 The subject 1 68-acre sIte IS zoned Tounst Dlstnct and IS located wIthm the Retail and
Restaurant Dlstnct of Beach by DeSign,
2 The current use of the sIte IS for a 38,000 square-foot shoppmg center for retail sales and
restaurants W lth 101 parkIng spaces east of the bUildmg,
Staff Report - Conunumty Development Board - Apnl 19, 2005
Cases FLD2004-090n/TDR2005-01015 - Page 7 of 10
3 The applIcant IS proposmg redevelopment of the site for mIxed use, mcorporatmg the
eXlstmg 38,000 square-foot shoppmg center with the constructIon of a new bUlldmg for
355 parkmg spaces and 28 attached dwellmgs,
4 Commercial uses, mcludmg retail sales, restaurants and overnIght accommodatIOn uses,
dommate thiS tounst area along and east of Mandalay Avenue,
5 Attached dwellIngs are bemg constructed wIthm close proxImIty of thiS Site, mcludmg the
Belle Harbor project north of Baymont Street (under constructIOn), Mandalay Beach Club
to the southwest across Mandalay Avenue (completed) and the proposed Sandpearl project
across Mandalay Avenue,
6 The proposal provIdes excess parkmg available to the general publIc, WhICh will be
convement to patrons of the Retail and Restaurant DIstnct of Beach by Design,
7 While reductIOns to setbacks to bmldmg and pavement are requested, these reductIOns are
consIstent WIth eXlstmg setbacks to bmldmg and pavement for the eXIstmg shIppmg center
and of the surroundmg area,
8 The proposal IS compatIble WIth the surroundmg development, and will upgrade and
enhance the commumty character and visual appearance of the Immediate vlcmlty,
11 FleXibilIty m regard to reqmred setbacks are Justified as a functIon of the locatIOn of the
eXIstmg shoppmg center bUlldmg, compltance WIth the standards for parkmg lot desIgn,
stairwell desIgn and the benefits to the provISIon of parkmg spaces exceedmg the reqUIred
number of parkmg spaces (excess spaces available to the publIc on thiS portIon of the
beach), and
12 There are no actIve code enforcement cases for the parcel
CONCLUSIONS OF LAW
1 Staff concludes that the proposal compiles WIth the FleXible Development cntena as a
ComprehenSive Infill Redevelopment Project per SectIOn 2-803 C
2 Staff further concludes that the proposal IS m compliance With the General ApplicabIlIty
cntena per Section 3-913 and the other standards of the Code,
3 Staff concludes that the proposal complies With the Transfer of Development Rights per
SectIOn 3-1403,
4 Staff concludes that the proposal complies With Beach by Design, and
5 Based on the above findmgs and proposed condItIons, Staff recommends approval of thIS
applIcatIOn
SUMMARY AND RECOMMENDATION:
The Development Review CommIttee reviewed the applicatIOn and supportmg matenals on
November 12, 2004, and December 2, 2004 The Planmng Department recommends
APPROV AL of the (1) FleXible Development applIcatIOn to permIt a mixed use (proposed
parkmg garage and attached dwelhngs m conjunctIOn With eXIstmg retml sales) With a reductIOn to
the front (east) setback from 25 feet to 477 feet (to bUlldmg), a reductIon to the Side (north)
setback from 10 feet to 291 feet (to bUlldmg), reductions to the SIde (south) setback from 10 feet
to zero feet (to dumpster enclosure), from 10 feet to 1 74 feet (to pavement) and from 10 feet to
26 feet (to bmldmg), a reductIon to the rear (west) setback from 20 feet to 0 5 feet (to bmldmg), to
mcrease the bmldmg height from 35 feet to 70 feet (to roof deck) WIth an additIonal four feet for
Staff Report - CommunIty Development Board - Apn I 19, 2005
Cases FLD2004-090nffDR2005-0 1015 - Page 8 of 10
penmeter parapets (from roof deck) and an addltIOnal16 feet for rooftop pavIlion (from roof deck)
and to permit a buildmg wIthm the vISIbIlIty tnangles, as a Comprehensive Infill Redevelopment
ProJect, under the provIsions of Section 2-803 C, and a reduction to the wIdth of foundatIOn
landscapmg along POInsettIa Avenue from five feet to 477 feet, as a ComprehensIve Landscape
Program under the proVISIOns of Section 3-1202 G, and (2) Transfer of Development RIghts of
four umts from 656 Bayway Boulevard, under the provIsIOns of SectIOn 4-1402 (TDR2005-01015)
for the site at 483 Mandalay A venue, with the followmg bases and condItIons
Bases for Approval
1 The proposal complies WIth the FleXIble Development cntena as a ComprehensIve Infill
Redevelopment Project per SectIon 2-803 C,
2 The proposal IS m complIance WIth other standards In the Code mcludmg the General
ApplIcabilIty Cntena per SectIOn 3-913,
3 The proposal complIes WIth the Transfer of Development RIghts per SectIOn 3-1403,
4 The proposal complIes WIth Beach by Deslgn, and
5 The development IS compatIble With the surroundmg area and wIll enhance other
redevelopment efforts
CondItIons of Approval
1 That the final design and color of the bUIldmg be consIstent WIth the conceptual elevations
submitted to, or as modIfied by, the CDB,
2 That tenant storage umts on Level Seven be for storage only,
3 That the pavilIOn on the roof be open-air and not be enclosed In any manner,
4 That the southern resldent/emergency eXit dnveway be used for both mgress and egress at
appropnate times dunng peak events,
5 That replacement tree calculatIOns be revised, acceptable to the Planmng Department, pnor to
the Issuance of any permits,
6 That a special warranty deed, specIfymg the number of dwellIng umts bemg conveyed or sold
from 656 Bayway Boulevard and bemg transferred to thIS Site, be recorded pnor to the
Issuance of any permits for thIS project The speCial warranty deed shall also contain a
covenant restnctmg m perpetUity the use of all platted lots at 656 Bayway Boulevard due to the
transfer of development nghts Any mortgage holder of the sendmg SIte (656 Bayway
Boulevard) shall consent to the transfer of development nghts pnor to the Issuance of any
permits,
7 That all proposed utilities (from the nght-of-way to the proposed bUlldmg) be placed
underground CondUits for the future undergroundmg of eXIstmg utilIties wIthm the abuttmg
flght-of-way shall be Installed along the entIre sIte's street frontages pnor to the Issuance of a
Certificate of Occupancy The applIcant's representatIve shall coordmate the size and number
of condUits With all affected utility proViders (electnc, phone, cable, etc), WIth the exact
location, sIZe and number of condUits to be approved by the applIcant's engmeer and the CIty'S
Engmeenng Department pnor to the commencement of work,
8 That all eXlstmg nonconfonmng freestandmg and attached slgnage be brought mto
conformance WIth Code proVISIons pnor to the Issuance of the first CertIficate of Occupancy
for the attached dwellmgs The ComprehenSive SIgn Program may be uhlIzed to prOVide
freestandmg and attached sIgnage m accordance WIth Code prOVISions,
SlaffReport - Commumty Development Board - Apn119, 2005
Cases FLD2004-09072/TDR2005-0 1 0 15 - Page 9 of 10
9 That changes to the number and locatIOn of trash contamers, trash rooms and enclosures,
acceptable to the SolId Waste Department and other DRC members, be reflected on revIsed
site dlld bUlldmg plans pnor to the Issuance of any permits,
10 That dumpster enclosures meet Sohd Waste Department SIze reqUIrements and be conSIstent m
extenor matenal and color as the hotel bUlldmg,
11 That, a condominIUm plat be recorded pnor to the Issuance of the first CertIficate of
Occupancy,
12 That, pnor to the Issuance of the first CertIficate of Occupancy, traffic Impact fees be assessed
and patd,
13 That all Parks and RecreatIon fees be patd pnor to the Issuance of any pemnts, and
14 That all FIre Department reqUirements be met pnor to the Issuance of any permIts
Prepared by Plannmg Department Staff
ATTACHMENTS
Aenal Photograph of SIte and VICInIty
Location Map
Future Land Use Map
Zonmg Atlas Map
ApplIcation
S IP/anmng DeparlmenllC D BIFLtX (}LD)IPendmg caseslUp for the nut CDBIManda/ay 483 Pelican Walk Garage (1) 4 19 05 CDB -
WWlMandalay 483 SiaffReprmfur 41905 CDB doc
StafTReport - Comrnulllty Development Board - Apn119, 2005
Cases FLD2004-09072!TDR2005-01015 - Page 10 of 10
MAY-25-1997 04 26
P.0V01
N ICI<OI..A5 (
~'D~~
Clearwoter
COPIES TO
CITY COUNCIL
MAR 28 2005
PRESS
CLERK/ATTORNEY
.~I'()I~I'-,jr\~.;'I. l^"W
791 BoIf\NQ)/ Boulevard
Florida
March 24, 200S
33767-2610
727.447 l005 Fax
Mayor Frank Hibbard
Clty of Clemwater
112 S Osceola Ave , (33756)
Post Office Box 4748
Clearwater, FL 33758-4748
,
727 447 1075 VoIce
"WWW Eke-Low com
Re. Pelican Walk/City of Clearwater Parking Garage
Dear Mayor H1bbard:
As you know, B I.B.t Inc., has been makmg efforts to get the planning
department to finally approve the captIoned garage and condomnuum project.
At tlus time, BJ .E., Inc.t no longer mshes the grant from the city Bl,E.,
Inc, w1l1 still construct the parlang garage, a portIOn ofwhlch will still be open
to the public. B J E., Inc., requests, however, that the aty cooperate Wlth its
iUcltitect and engmeers in approving the project as well as comrmt to enfoTCmg
applicable parIang regulations. Fmally, B J.E., Inc. requests appropnate city
SlgnSge be placed startmg at the traffic circle to direct traffic to the parkIng
garage.
If you have any questions or concerns, please do not heS1.tate to contact
the 1.U1dersigned. Thank you.
!~
~a/"~
,
EKONOMIDES, P A.
,
F'\V"
'........
NCElpJc
Cc BJ.E.t Inc.
TOTAL P_01
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PIN. 08/29/15/16434/00 1/0020
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P.LANNING AND ZONING P'"' t.\RD REVIEW
Page 1 of9
~
Wells, Wayne
From Akin, Pam
Sent Monday, Apn I 11, 2005 10 53 AM
To Oelk, Michael
Cc Tarapanl. Cyndl, Wells. Wayne
Subject RE Idlewlld 12 Staff Report for 41905 CDS - Pam - These look like reasonable and normal
conditions Advise as to how you think we should proceed based on your comments last night
These are getting ready to be sent out today or Monday mlchael
They look fine to me
mnOnglnal Messagemn
From: DeJk, Michael
sent: Fnday, Apnl 08, 2005 10 20 AM
To: Akin, Pam
Cc: Tarapam, Cyndl, Wells, Wayne
Subject: Idlewlld 12 Staff Report for 4 1905 COB - Pam - These look like reasonable and normal
conditions Advise as to how you think we should proceed based on your comments last night These are
gettmg ready to be sent out today or Monday, mlchael
CDB Meetmg Date
Case Numbers
Agenda Item
Owners
ApplIcant
RepresentatIve
Address
Ann119.2005
FLD2004~ 1 0076/TDR2004-l 0014
D5
Haddon House Inn. Inc
Haddon House of Clearwater. LLC
Mr Housh Ghovaee. Northslde Engmeenng Services. Inc
12 IdlewIld Street
CITY OF CLEARWATER
PLANNING DEPARTMENT
ST AFF REPORT
GENERAL INFORMATION:
REQUEST:
Flexible Development approval to permit attached dwellIngs wIth
reductIOns to the front (south) setback from 25 feet to 15 (to
bUilding) and from 25 feet to 42 feet (to trash stagmg area), a
reductIOn to the front (west) setback from 25 feet to eIght feet from
the Coastal ConstructIon Control Lme (to pool deck), reductIOns to
the sIde (north) setback from 10 feet to 5 9 feet (to bUlldmg) and
from 10 feet to five feet (to pool deck) and from 10 feet to 2 feet (to
sidewalk), a reductIon to the side (west) setback from 10 feet to 3 2
feet (to sIdewalk), a reductIon to the sIde (east) setback from 10 feet
to 6 feet (to sidewalk), and an Increase to heIght from 30 feet to 64
feet (to roof deck) wIth an additIOnal 4 16 feet for penmeter parapet
(from roof deck) and an addItIonal 15 83 feet for a rooftop pavlhon
(from roof deck), and change of use from Overnight
4/11/2005
P,LANNING AND ZONING P" '\RD REVIEW
Page 2 of9
AccommodatIOns to Attached Dwellmgs as a Residential Infill ProJect, under the provISions of
Section 2-404 F *
*
The advertised request mcluded the Transfer of Development RIghts (TDR) of one umt to
thIS site from 321 Coronado Dnve under the provIsions of Section 4-1402 Refined
property SIze figures were submItted subsequent to the advertlsmg submittal deadline The
SIze of the site proVided on the FleXible Development ApplIcation IS 046 acres which
would provIde for 13 dwellmg umts The actual size of the site (as mdlcated III the
submitted site plan data table) IS 0 47 acres which proVides for a maxImum of 14 dwelling
umts Therefore, the request for the TDR IS unnecessary has been withdrawn and should
not be consIdered as part of this apphcatlOn
EXISTING ZONING/
LAND USE:
MedIUm High DenSity ReSIdential (MHDR) DlstnctJResldentlal
High (RH) Category,
PROPERTY SIZE:
047 acres
PROPERTY USE: Current Use Overnight accommodatIOns (13 rooms)
Proposed Use Attached dwellmgs (14 condommIUm umts)
ADJACENT ZONING/ North MedIUm High DenSity ReSidentIal, Attached
dwellmgs
LAND USES: East MedIUm High DenSity ReSidentIal, Attached dwellIngs
South MedIUm High DenSity ReSIdential, Attached dwellIngs
West GulfofMexIco
CHARACTER OF THE
IMMEDIATE VICINITY: The surroundmg area IS a mIxture of attached dwellings and
overnight accommodatIOn uses
UPDATE:
At their meetmg on March 22, 2005, the Commumty Development Board (CDB) approved thiS
applIcatIOn, but contmued It to the Apn119, 2005, COB meetmg to attach condItIons of approval
The followmg ConditIons of Approval are suggested
CondItions of Approval
1 That the final deSIgn and color of the bUlldmg be consistent WIth the conceptual elevatIOns
submItted to, or as modified by, the CDB,
2 That a Umty ofTltIe be recorded m the public records pnor to the Issuance of any permIts,
3 That any future freestandmg SIgn be a monument-style SIgn a maximum four feet m height
and deSigned to match the extenor matenals and color of the bmldmg,
4 That the cabanas on the ground floor be used for storage only, m complIance With all
Federal Emergency Management AdmInistratIon (FEMA) rules and gUldelmes EVidence
of thiS restnctlOn of use, embodIed m condommlum documents, homeowner's documents,
deed restnctIons or hke forms, shall be submItted to the Bmldmg OffiCIal pnor to the
Issuance of the first CertIficate of Occupancy,
5 That all FIre Department reqUirements be met pnor to the Issuance of any permIts,
6 That all proposed utIlItIes (from the nght-of-way to the proposed bmldmg) be placed
4/11/2005
~LANNING AND ZONING P""' <\RD REVIEW
Page 3 of9
underground CondUits for the future undergroundmg of eXlstmg utIlitIes wIthm the abuttmg nght
(s)-of-way shall be mstalled along the entIre sIte's street frontages pnor to the Issuance of a
CertIficate of Occupancy The applicant's representative shall coordmate the size and
number of condUIts WIth all affected utIhty prOVIders (electnc, phone, cable, etc ), With the
exact locatIOn, size and number of condUIts to be approved by the applicant's engmeer and
the CIty's Engmeenng Department pnor to the conunencement of work,
7 That all Parks and RecreatIOn fees be patd pnor to the Issuance of any pernllts, and
8 That a condommmm plat be recorded pnor to the Issuance of the first CertIficate of
Occupancy
ANALYSIS:
Site Location and Existing Conditions: The 047-acre SIte IS located on the north Side of
Idlewlld Street, approximately 125 feet west of Mandalay Avenue The site has 195 feet of
frontage on IdlewIid Street and extends an addItIonal 70 feet west of the end of IdlewIld Street
The property IS an odd shaped lot composed of two equal Sided polygons The larger portIOn of
the sIte IS a 175 by 87-foot east/west rectangle along IdlewJld Street and the smaller portIon IS a
60 by 90 foot rectangle the west end of which extends west of the Coastal ConstructIon Control
Lme (CCCL)
The parcel IS zoned Medium High DenSIty ReSIdentIal (MHDR) Dlstnct and IS currently
developed With a nonconformmg overnight accommodatIon use The Haddon House, bUIlt In
1925, IS one of the two oldest rental umts on the beach and IS the oldest house on the beach The
eXlstmg bUIldmg IS umque and attractIve to the "Old Flonda Dlstnct" The site mcludes back out
parkmg on Idlewlld Street and there IS hmlted landscapmg
The SIte IS located wlthm the speCIal area redevelopment plan, Beach by DeSign, as part of the
"Old Flonda Dlstnct" The Immediate vlclmty IS almost entIn~ly composed of attached dwellIngs
With a condo bUIldIng on the south Side of Idlewlld Street and a restaurant on the north SIde of
IdlewIld near Mandalay BUIldIngs m the dlstnct are of varymg heIghts from smgle story to an
approved 6~story blllldmg Two blocks north of 1dlewIld Street and to the west of Mandalay
Avenue are two approved condommlUm developments, Chateau of WhIte Sands, located at 15
Somerset Street, IS 61 66 feet III height and Chalets on White Sands, located at 14 Somerset Street,
IS 56 feet m height
Proposal: The proposed bmldmg WIll have SIX hvmg floors (64 from BFE [base flood elevatIon]
to roof deck), WIth varymg numbers of umts per floor Levels 2 and 3 are proposed WIth three
umts each, Umt CIS 1,979 square feet ofhvmg area With 270 square feet of balcony, Umt B IS
2,002 square feet ofhvmg area WIth 262 square feet of balcony and Unit A IS 2,282 square feet of
hvmg space WIth 387 square feet of balcony Level 4 mcludes Umts A and B plus a clubhouse
With 1,390 square feet of floor area and 599 square feet ofba1cony space Levels 5 and 6 mclude
two floor plans With Umt A compnsmg 2,282 square feet of hvmg space and 387 feet of balcony
Umt B mcludes 2,003 square feet of hvmg area and 555 square feet of balcony Elevators m the
center of the bUIldmg Will proVide access to the umts Two staIrwells are located on the northern
Side of the bUIldmg
SIdewalks WIll be constructed wlthm the nghts-of~way of Idlewlld for pedestnan safety, where no
Sidewalks presently eXist The proposal also prOVIdes a turn around that meets fire reqUIrements
4/11/2005
,...
Wells, Wayne
From
Sent
To
Cc
Subject
Keith Zayac [kelth@kellhzayac com]
Wednesday, Apnl 06,20054 10 PM
Wells, Wayne, Richard Marcel
Spencer & Associates 1, eanastasopou los@yahoo com
Re FLD2004-09072/TDR2005-01015. 483 Mandalay Avenue
After R1chard's meet1ng w1th Tom Glenn I bel1eve we can adequately serV1ce
th1S proJect w1th two compactors, a dumpster and a recycl1ng area I would
propose that we prov1de one compactor 1ns1de the garage where the proposed
dumpster locat1on lS shown, along w1th another compactor next to 1t wh1ch
w1l1 requ1re the proposed open1ng to expand to allow the second compactor,
and the loss of one park1ng space We would also prov1de the dumpster
currently shown at the south end of the bU1ld1ng and the recyc11ng locat1on
currently shown 1n the park1ng garage
I am assum1ng th1S lS 80meth1ng m1nor that can be done dur1ng bU1ldlng plan
preparat10n S1nce the only real change would be to swap out a dumpster for a
compactor and add another compactor
Th18 recommendat1on 18 made wlthout knowlng the eX1st1ng or future needs for
trash p1ckup and the prev10us hlstory of the dumpster dlScuss10ns for the
eX1st1ng property
Ke1th E Zayac, P E , RLA
Ke1th Zayac & Assoclates, lnc
701 Enterpr1se Road E , Ste 404
Safety Harbor, FL 34695
727-793-9888 phone
727-793-9855 fax
----- or1g1nal Message
From "R1chard Marcel" <R1chard@Ke1thzayac com>
To U'Ke1th zayac'" <ke1th@Kelthzayac com>
Sent wednesday, Aprll 06, 2005 10 46 AM
SubJect FW FLD2004-09072/TDR2005-01015 - 483 Mandalay Avenue
>
>
> -----or1g1nal Message-----
> From Wayne wells@myClearwater com [mallto Wayne Wells@myClearwater com]
>
> Sent wednesday, Apr1l 06, 2005 8 09 AM
> To Rlchard@Kelthzayac com
> SubJect RE FLD2004-09072/TDR2005-01015 - 483 Mandalay Avenue
>
> R1chard -
> Based on the lnformatlon conta1ned 1n your memo, what, lf any, changes
> are be1ng made on the s1te and bU1ldlng plans to effect the dumpster
> needs and when posslbly w1ll I recelve any of these changes? I am
> currently trY1ng to flna11ze a Staff Report
> Wayne
>
> -----orlglnal Message-----
> From Rlchard Marcel [mallto Rlchard@Kelthzayac com]
> Sent Wednesday, Apr11 06, 2005 7 03 AM
> To Wells, Wayne
'> SubJect RE FLD2004-09072/TDR2005-01015 - 483 Mandalay Avenue
>
'>
> wayne,
'> Attached is a memo I put together In regards to the lnsufflclent
> dumpster space Please glve me a call lf you have any questlons
1
~
>
> Thank you,
>
> Rlchard Marcel
>
> -----orlglnal Message-----
> From Wayne Wells@myClearwater com [mallto Wayne Wells@myClearwater com]
>
> Sent Tuesday, Apr~l 05, 2005 5 24 PM
> To Rlchard@Kelthzayac com
> Cc kelth@kelthzayac com
> SubJect RE FLD2004-09072/TDR2005-01015 - 483 Mandalay Avenue
>
> Status? I have not recelved any memo or anythlng else
>
>
> -----Orlglnal Message-----
> From Rlchard Marcel [mallto Rlchard@Kelthzayac com]
> Sent Tuesday, March 29, 2005 8 25 AM
> To Wells, Wayne
> SubJect RE FLD2004-09072/TDR2005-01015 - 483 Mandalay Avenue
>
>
> Deflnltely Wayne, I am ln the process of typlng up a memo for the
> dumpster storage space and once I flnlsh you wlll deflnltely be CC on
> It I am gOlng to try to flnlsh thlS memo by noon
>
> Thank you,
>
> Rlchard Marcel
> Kelth Zayac & Assoclates, Inc
>
> -----Orlglnal Message-----
> From Wayne Wells@myClearwater com [mallto Wayne wells@myClearwater com]
>
> Sent Tuesday, March 29, 2005 7 58 AM
> To Rlchard@Kelthzayac com
> SubJect FLD2004-09072/TDR2005-01015 - 483 Mandalay Avenue
>
> Richard -
>
> On March 21, 2005, I sent you an emall outllnlng two lssues needlng
> reV1Slons on the plans One of the lssues was related to the dumpsters
> We met on Frlday, March 25, 2005, and dlscussed the lssues We set up a
> meetlng for you wlth Tom Glenn for 9 am on Monday, March 28, 2005
>
> Could you let me know what was the outcome of your meetlng wlth Tom
> Glenn and any reV1Slons that wlll be made to the slte/archltectural
> plans? If there are any reV1Slons, when wlll they be submltted to me?
>
> Wayne
>
>
>
>
>
>
>
>
>
2
Wells, Wayne
From
Sent
To
Cc
Subject
Keith Zayac [kelth@kelthzayac com]
Wednesday, Apnl 06,2005426 PM
Wells, Wayne
Spencer & Assoclates1, eanastasopoulos@yahoo com
Re Pelican Walk Garage and Condos
It ~s my understand~ng that it does not change the des~gn, but only the C~ty
part~c~pat~on ~n parcel payment of the garage I would ~nclude theletter ~n
the package
Can you th~nk of anyth~ng as far as requests that the letter would change ~f
~t ~s only on the f~nanc~al s~de?
Ke~th E Zayac, P E , RLA
Ke~th Zayac & Assoc~ates, Inc
701 Enterprlse Road E , Ste 404
safety Harbor, FL 34695
727-793-9888 phone
727-793-9855 fax
----- Qrlglnal Message
From <Wayne Wells@myClearwater com>
To <ke~th@kelthzayac com>
Sent Wednesday, Aprll 06, 2005 8 14 AM
SubJect pel1can Walk Garage and Condos
Ke~th -
Based on the letter sent to the Mayor from N~ckolas Ekonom~des, what changes
1n the appl1cat1on mater1al 1S necessary, or should we Just ~nclude the
letter ~n the package to the CDB and speak of the change In pos~t~on In the
Staff Report? I am trYlng to f1nal1ze my Staff Report, so I need to know as
soon as posslble Thanks
Wayne
1
Wells, Wayne
From
Sent
To
Subject
~
Clearwater Gazette
and Beach V
Wayne, FYI
Mike
Reynolds, Mike
Fnday, Apnl 08, 2005 1 24 PM
Wells, Wayne
Clearwater Gazette and Beach Views
1
'- ,OJearwater Gazette and Beach u'ews
Page 1 of2
t rubll~hcJ W~d.Jy ')IIIL': 1950 -
~l!J!1I':l~l:'\EllJ~H!n mur/! af C1nirii4,e~~,
':it~\~-i!5'L~....J::d... ~
Pelican Walk And Clearwater Terminate Garage Agreement
by Carl Wagenfohr
CLEARW ATER - The City and LOUIS Anastasopoulos, owner ofPehcan Walk, ended their
pubhc/pnvate partnershIp for the constructIon of a 300-space parkmg garage on North Clearwater Beach
on Monday
The City had agreed to contrIbute $1 4 mIllIon to the garage constructIon costs m exchange for
Anastasopoulos' agreement that the garage be avmlable to the general publIc, that It be open from lOAM
to 10PM, and that the parkmg rates not exceed 150% of City off-street parkmg rates
The agreement called for the start of constructIOn by September 30,2004 But Anastasopoulos was
unable to meet that date and requested a sIx-month extensIOn, whIch the CIty CounCIl granted
Anastasopoulos was unable to meet the March 31 deadlme and, m a letter from hIS attorney NIckolas
Ekonomldes on March 24, stated that he "no longer wishes the ($1 4 millIon) grant from the CIty" The
letter stated hIS contmued mtent to construct the garage and have It open to the publIc
Anastasopoulos' plans mclude 3 floors of condommIUms, 28 umts III all, over the 4 floors of parkmg
The garage WIll have 354 parkmg spaces, enough for the condo owners plus the 300 ongmally planned
for the public, Anastasopoulos said The project IS scheduled for a Commumty Development Board
heanng on Apnl 19 Anastasopoulos plans to start constructIOn as soon as he can obtam permIts, and
anticipates constructIon to take no more than 16 months
Asked why he sought tennmatlon of the agreement, Anastasopoulos Said, "I didn't want to be obligated
to the City," and expressed frustratton WIth the lengthy City approval process He added, "They (the
CIty) will have what they hoped for the public Without any publIc funds, I'm showmg agam that I'm a
good cItIzen"
The termmatIon ofthe agreement frees-up the $1 4 mIllIon the City had commItted to the project
Counctlmember Hoyt Hamilton SaId, "I absolutely believe we should use that money for the same
purpose" He named 4 CIty-owned sites on whIch a garage could be bUIlt South Gulf view at the Adams
Mark, McKay Park, Clearwater Beach Rec Center, and Manda1ay Park between the Rockaway Gnll and
Palm PaVIlIon Because Hamilton's faImly owns the Palm PaVIlIon, he SaId he'd partiCIpate III
diSCUSSions about Mandalay Park, but would recuse himself from votmg on any resolutIOn Involvmg It
Mayor Frank HIbbard saId that Mandalay Park IS the most logIcal place for a North Beach CIty-owned
garage He favors a concept that would mcorporate the Clearwater Beach FIfe StatIOn and the Beach
LIbrary branch m the same structure
fi Ie lie \Documen ts%20and %20S ettmgs \ wayne wells\Local %2 OS ettmgs \ T emporary%2 OInt
4/8/2005
:J
- I Clearwater Gazette and Beach' , ~ws
Page 2 of2
The North'Beach parkmg Issue and use of the $1 4 mllhon that had been dedicated to PelIcan Walk wIll
be on the agenda at the next Councll Work SessIOn on Apnl18
Return to Home Page
Return to Cunent EditIOn
Contact us
file /IC \Documents%20and%20Settmgs\wayne wells\Local%20Settmgs\ Temporary%20Int
4/8/2005
.. J.
Emall from K. zayac re dumpsters 4.6.05
From. Kelth zayac [kelth@kelthzayac.com]
Sent. Wednesday, Aprll 06, 200S 4'10 PM
To wells, wayne; Rlchard Marcel
cc spencer & Assoclates1, eanastasopoulos@yahoo,com
subJect Re FLD2004-09072jTDR2005-01015 - 483 Mandalay Avenue
After Rlchard's meetlng wlth Tom Glenn I bell eve we can adequately serVlce
thlS proJect wlth two compactors, a dumpster and a recycllng area. I would
propose that we provlde one compactor 1nSlde the garage where the proposed
dumpster locatlon lS shown, along wlth another compactor next to 1t WhlCh
wlll requlre the proposed open1ng to expand to allow the second compactor,
and the loss of one park1ng space. We would also provlde the dumpster
currently shown at the south end of the bU1ldlng and the recycllng locatlon
currently shown In the parklng garage
r am assum1ng thlS 1S someth1ng mlnor that can be done durlng bU1ldlng plan
preparat10n Slnce the only real change would be to swap out a dumpster for a
compactor and add another compactor
ThlS recommendat1on lS made wlthout knowlng the eXlst1n~ or future needs for
trash p1ckup and the preV10US hlstory of the dumpster dlScuss10ns for the
eXlstlng property.
Kelth E zayac, P.E , RLA
Kelth zayac & Assoc1ates, rnc
701 Enterprlse Road E , Ste 404
safety Harbor, FL 34695
727-793-9888 phone
727~793-9855 fax
--~-- orlglnal Message ----~
From' "Rlchard Marcel" <Rlchard@Kelthzayac.com>
TO "'Kelth zayac'" <kelth@Ke1thzayac.com>
sent: wednesday, Apr11 06, 2005 10 46 AM
subJect FW: FLD2004-09072jTDR2005~01015 - 483 Mandalay Avenue
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> From. wayne.wells@myclearwater.com [mallto'wayne wells@myclearwater com]
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Sent: wednesday, Apr1l 06, 2005 8 09 AM
To R1chard@Kelthzayac.com
subJect RE' FLD2004-09072jTDR2005-01015 - 483 Mandalay Avenue
Rlchard -
Based on the 1nformat10n conta1ned ln your memo, what, lf any, changes
are belng made on the slte and bUlld1ng plans to effect the dumpster
needs and when posslbly wlll r recelve any of these changes? I am
currently trY1ng to f1nallze a Staff Report.
wayne
---~-or1glnal Message-----
From: Rlchard Marcel [mallto:Rlchard@Kelthzayac.com]
Sent: wednesday, Aprll 06, 2005 7 03 AM
To We 11 s, wayne
SubJect: RE: FLD2004-09072jTDR2005-01015 - 483 Mandalay Avenue
wayne,
Attached lS a memo r put together ln regards to the lnsufflclent
dumpster space. please g1ve me a call If you have any questlons
page 1
. 1
Ema1l from K
zayac re dumpsters 4 6 05
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R1chard Marcel
-----or1g1nal Message-----
From wayne wells@myclearwater com [ma1lto:Wayne wells@myclearwater com]
Sent Tuesday, Apr1l OS, 2005 5 24 PM
To. R1chard@Ke1thzayac com
Cc: ke1th@ke1thzayac com
subJect: RE. FLD2004-09072/TDR2005-01015
- 483 Mandalay Avenue
Status?
I have not rece1ved any memo or anyth1ng else.
---~~or1g1nal Message-----
From R1chard Marcel [ma1lto:R1chard@Ke1thzayac com]
Sent Tuesday, March 29, 2005 8:25 AM
To wells, wayne
subJect: RE: FLD2004-09072/TDR2005-01015 - 483 Mandalay Avenue
Def1n1tely wayne, I am 1n the process of tYP1n~ up a memo for the
dumpster storage space and once I f1n1sh you w1ll def1n1tely be cc on
1t I am gOln9 to try to f1n1sh th1S memo by noon
Thank you,
R1chard Marcel
Ke1th zayac & Assoc1ates, Inc.
----~or1g1nal Message~~~--
From wayne.wells@myclearwater com [ma1lto:wayne wells@myclearwater.com]
Sent: Tuesday, March 29, 2005 7 58 AM
To: R1chard@Ke1thzayac.com
subJect FLD2004-09072/TDR200S-01015 - 483 Mandalay Avenue
R1chard -
On March 21, 2005, I sent you an ema1l outl1n1ng two 1ssues need1ng
reV1S1ons on the plans One of the lssues was related to the dumpsters.
We met on Fr1day, March 25, 2005, and d1scussed the lssues. We set up a
meet1ng for you w1th Tom Glenn for 9 am on Monday, March 28, 2005
could you let me know what was the outcome of your meet1ng w1th Tom
Glenn and any reV1S1ons that w1ll be made to the slte/arch1tectural
plans? If there are any reV1S1ons, when w1ll they be subm1tted to me?
wayne
Page 2
Ema1l from K zayac re reJect10n of C1ty part1C1pat1on 4 6 05
From Ke1th zayac [ke1th@ke1thzayac.com]
Sent wednesday, Apr1l 06, 200S 4'26 PM
To. wells, wayne
CC' Spencer & Assoc1atesl; eanastasopoulos@yahoo.com
subJect: Re: Pel1can walk Garage and condos
It 1S my understand1ng that 1t does not change the des1gn, but only the C1ty
part1c1pat1on 1n parcel payment of the garage. I would 1nclude theletter 1n
the package
Can you th1nk of anyth1n~ as far as requests that the letter would change 1f
1t 1S only on the f1nanc1al slde7
Ke1th E zayac, P E., RLA
Ke1th zayac & ASSOC1ates, Inc.
701 Enterpr1se Road E , Ste 404
safety Harbor, FL 34695
727-793-9888 phone
727-793-9855 fax
----- or1g1nal Message -----
From <wayne wells@myclearwater.com>
To <ke1th@ke1thzayac com>
Sent wednesday, Apr1l 06, 2005 8 14 AM
subJect Pel1can walk Garage and condos
Ke1th -
Based on the letter sent to the Mayor from N1ckolas Ekonom1des, what changes
1n the appl1cat1on mater1al 1S necessary, or should we Just 1nclude the
letter 1n the package to the CDS and speak of the change 1n pos1t1on 1n the
staff Report7 I am trY1ng to f1nal1ze my staff Report, so I need to know as
soon as poss1ble, Thanks
wayne
Page 1
Wells, Wayne
From
Sent
To
Subject
Kambourollas, Sam
Thursday, April 07, 2005324 PM
Wells, Wayne
RE Map Request for FLD2004-09072, 483 Mandalay Avenue
~
~ ~ ~ ~ ~
location doc future land use doc FLD Map request eXisting doc aenaldoc
form doc
zone doc
Soto Kambourollas
CAD Technician
City Of Clearwater
(727) 562-4769
m--Ongmal Messagemn
From: Wells, Wayne
Sent Fnday, April 01, 2005 8 53 AM
To: Kambourohas, Sam
Cc Herman, Jason
SubJect Map Request for FLD20Q4-09072, 483 Mandalay Avenue
Sam -
Attached IS a map request for Case FLD2004-09072/TDR2005-01015 for the property at 483 Mandalay Avenue I Will
bnng over the paperwork The survey that I Will bring over you may keep
Thanks -
Wayne
<<File FLD Map request form doc>>
1
i
,
-
From: Jim Ebert [mallto.Jebert@tlmhaahs,com]
Sent: Friday, February 04, ZOOS 8-Z9 AM
To: Qurllen, Michael
Subject: Pelican Walk garage
I::::~t fo (( e,-~-'L.... '3a-,^<'
~"5'ftL 2('-{{u~
MI ke I received WPC's revIsed sketch I recom mend m ovmg Col A 3 - 10 east to be part of the
rotated stair tower wall and with a curb say 2 or 3 ft protecting the wall/column Also recommend
moving Col B 3 ~ 2 east to ease the eXltmg turn Let me know If you need anythIng further
Please VISit our new webslte' www tlmhaahs.com
E. James Eberl, P.E.
Executive Vice President
Timothy Haahs & AssOciates, Inc
550 Township Lrne Road, SUite 100
Blue Bell, Pennsylvania 19422
t 484-342-0200 ext 104
f 484-342-0222
Jebert@bmhaahs com
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PUBLIC WORKS ADMINISTRATION
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MESSAGE:
February 2, 2005
Mr Keith Zayac, P E
Keith Zayac & Associates, Inc
701 Enterprise Road East, Surte 404
Safety Harbor, Florida 34695
Re Pelican Walk Parking Garage
Dear Keith
This letter IS to provide comments on the latest submittal from Walker Parking made by fax
yesterday City staff and our consultant, JIm Ebert, have reviewed this submittal and It stili does
not address the fundamental concern with the reSidential garage entrance The location and
Orientation of the stallwell continues to create a sItuation where entering traffic must make a
sharp right turn WhiCh, If not executed perfectly, forces them Into the oncoming traffiC lane
coming down the ramp It IS the CIty's as well as our consultant's, opinion that this IS an
unacceptable unsafe condition
It IS my understanding that suggestions have been made prevIously on Ideas to address this
concern These Included relocating the stallwell or turning It ninety degrees For some reason
It appears these were never conSIdered Today we also discussed the pOSSibility of "flipping"
the garage and putting the reSident entrance at the north and the publiC entrance at the south
The ramp could be SWitched to go up from north to south, rather than south to north as It
currently does, eliminating the conflict '
City staff IS committed to working WIth your deSign team to arnve at a satisfactory solution which
will proVide a parking garage safe for both the publiC and the condominium reSidents, however,
we cannot recommend proceeding WIth the current deSign Enclosed IS a letter from Jim Ebert
reiterating these concerns, plus a chronology of the plan review process showing when these
concerns were given to your deSign team If you have any questions or need additional
Information, please call me at 562~4743
Sincerely,
Michael D QUillen, P E
EngIneering DIrector
cc Bill Horne, City Manager
Mahshld Arasteh, Public Works Administrator
Cyndl Tarapam, Planning Director
Scott Rice, Land Development Engineering Manager
Wayne Wells, Planner
Ti
Ej',f,]j'U R~ A KCIIII ~ C I ~
/l i1 r kin f: I' I a " n , I[ r cl De" i: .)
February 2, 2005
Mr Michael QUillen, P E
City of Clearwater
Engineering Department
POBox 4748
Clearwater, FL 33758-4748
RE: Pelican Walk Garage
Dear Mr QUillen
Over the past several months] have been reviewing the proposed parking garage schematic
layouts prepared by Spencer Architects ThiS IS per Timothy Haahs and Associates, lnc's
scope of selVlces for the City of Clearwater
I have repeatedly raised the question of a potentlally dangerous condition that eXists at the entry
and eXit lanes at the southeast corner of the garage, specifically
. Entering drivers will be forced to make a sharp right turn after passing through the entry
lane gate, and If the turn IS not perfectly made, they are forced Into the opposIte (left
hand) lane of traffic coming southbound down the ramp from above
. Additionally at thiS location, there IS a solid wall (stairway) that blocks the entering
driver's line of sight for the aforementIoned down bound traffic
. ThiS wall also blocks the line of sight for down bound drivers to see entering, oncomIng
traffiC
In several conversations with the Parking Consultant, thIS condition was discussed, and It was
agreed by both of us that the above created a "less than satisfactory" layout A revised layout
by the Parking Consultant was later presented which attempted to mitigate these conditions,
however In the opinion of the writer, an unsatisfactory, perhaps even dangerous, condition stili
remainS The entry geometry and visual driVing condItIons must be corrected
Upon further review of these reVISions, I will again adVise the City of my opinion
Very truly yours,
z. . ~r~ ~
E Ja4 Ebe~, P E
Executive Vice President
550 Township Line Road
SUite 100
Blue Bell, PA 19422
Phone 484 342 0200
Fax 484 3420222
www tlmhi'ldhs com
Pelican Walk Parking Garage and Attached Multi~family Residential Units
483 Mandalay Avenue; FLD2004-09072/TDR2005-01015
Timeline of Key Dates
Event
Date
. E-maIl from LIsa FIerce, advlsmg staff of design of project
to add 37 resldenttal condommmm umts to the project, and
that the CouncIl would be disCUSSIng the project A
constructIOn deadlIne of 3-31-05 IS anttcIpated
5-24-04
. Meeting WIth applIcant and CIty Planning and Engmeenng
staff City staff IS told of four levels ofresldenttal and 37
condominIUm umts as part of the structure Staff told by
applIcant that a plan/applIcatIon submittal will be made III
July (by 7-29-04) for a DRC meetmg on 9-9-04
6- 16-04
. E-maIl from Lisa Fierce to Steve Spencer as a summary of 6-24-04
pOInts dIscussed at a meetIng WIth staff on the same day
The summary covered deSign aspects and Included a denSity
calculatiOn WIth a maXImum of24 dwellmg umts for the site
. Application and plans received for a parking garage and 28 9-29-04
residential units (two months later than the time of receipt
that City staff was told to expect on 6-16-04). DRC date to
determme suffiCIency IS 11-12-04
. E-mml from CyndI Tarapam to Sue Phillips, Demse Wilson, 10-27-04
Pam AkIn, and other City staff, mdlcatmg SIX pomts of
Insufficiency but that It was pOSSIble for the applicant to make
applicatiOn and plan revISIons to address msufficIency
comments for a December 2,2004 DRC meetmg
. DRC Meetmg ApplIcant told that staff comments needed to 11-12-04
be addressed and that the proposal would a!!ain be considered
by the DRC on 12-2-04. savin!! the applicant three weeks of
what would be re!!ular schedulin!! ~ placement on the
12-23-04 DRC meetlD!! (rescheduled to 12-30-04). The DRC
comments included a Traffic En!!ineerin!! comment
"Demonstrate that column locations provide adeQuate turnin!! radius to
accommodate all vehicular mobility without encroach in!! into other
traffic. "
· E-mail to Keith Zayac - When it was determined that the 11/19/04
City's parkin!! consultant had not reviewed the plans
submitted for DRC review. E-mail sent inQuirine: if plans
had as yet been submitted to Jim Ebert (City's traffic
consultant for this project).
. Email to Keith Za,'ac reiteratine: the requirement that 11/24/05
All plaos must be reviewed and approved by our
consultant prior to submittal to the DRC.
. DRC Meetmg RevIsIOns revIewed ApplIcant told that plans 12-02-04
and applIcation need further work A resubmlttal deadline of
12-08-0415 gIven Included same comment as in 11/12/04
ree:ardine: vehicle turoine: movements and requested
that vehicle movements paths be added to drawine:s to
demonstrate safe turuine: movements.
. RevIsions are received DRC staff gIven un11112-14-04 to 12-08-04
reVIew the revIsed matenal These revisions resulted in the
followiol! comment ""The vehicle path shown on Sheet Al.I
indicates vehicles startm!! to turn prior to the card reader
and eocroachine: into the lane for traffic travelin!! down the
ramp. This is a problem for safe operation of the e:aral!e
and must be addressed prior to CDB."
. Email from Jim Ebert (City Parkin!! Consultant) to Jerry 12/10104
Koski (Owner Parkine: Consultant) reiteratine: the 12/8/04
comment from us and statin!! ."There is no sieht
triane:le as the stair blocks the vision ~ both ways".
. Development ReView Manager makes deCISIon to
place PelIcan Walk on the January 18,2005 CDB
agenda to meet agenda filing deadlme and because
It was belIeved by staff as possIble for the applIcant
to address staff concerns wIthm a short turnaround
time
1 2-17 -04
. Updated CIty staff comments are faxed to KeIth Zayak
12-20-04
. Steve Spencer and KeIth Zayak meet with Mike
Reynolds to reVIew staff comments MIke Reynolds
asks apphcant representatives how the attached umt
count of"28" was proposed, when denSIty by code
only allows 24 umts for the sIte ApplIcant responds
by statmg that a Transfer of Development Rights (TDR)
was already establIshed for thIS sIte and refers to past
commUniCatIOns with other City staff Mike Reynolds
12-29-04
states that no TOR applIcatIon was ever filed for the sIte,
and that a TDR appl1catlOn will need to be notIced to the
publIc, as an agenda Item
ApplIcants given untIl 1-10-05 to file a TOR apphcatlOn
and to stIll address staff comments mostly pertammg to
vehicular tunllng movements WithIn the parkmg garage
The January 10 deadlIne date was gIVen for contmuance to
the 2-15-05 COB meetmg agenda
. Application/plan revisions and TOR application received 1-10-05
. Submittal found not acceptable by staff TDR apphcatlOn 1-11-05
IS Incomplete and vehicular traffic deSIgn remams
flawed
Mike Reynolds and Scott Rice meet with project agent
Keith Zayak. Staff concerns rel!ardinl! resident entrance
al!ain discussed in this meetiDi!. Mlke Reynolds and Scott Rice
bnefCyndI Tarapalll on the status of the applIcation to date
CyndI Tarapam supports glvmg the applIcant an addltlOnal day
to address the concerns (that If concerns are addressed the
applicant can contmue to the 2-15-05 CDB meetmg)
. Applicant given one additional day to submit acceptable
revisions and documentation.
· ApplIcant submIts plan reVISIOns and TOR applicatIOn
documentatIon
. Staff completes reVIew of applIcant's submittal
. MIke Reynolds, Scott RIce, ChIp Gerlock, and Cyndl
Tarapanl meet to review applIcation status It IS
dctcrmmed that the project IS mcomplete due to an
mcomplete TOR appl1catIon (no sealed survey for the
sender sIte) In addition, the staff remains concerned
with a dangerous parkmg garage vehicular movement
design. The applIcant's agent, Keith Zayak, is notified
bye-mail that CIty staff wIll request that the COB
contmue the FlexIble Development and Transfer of
Development RIghts (TDR) applIcatIOns to a date
uncertam for the aforementIOned reason.
1-11-05
1-12p05
1-13-05
1-14-05
. The Commumty Development Board contmues the project 1-18-05
to a date uncertam
. Conference call inc1udine Tracey Bruch, Paul Bertels, 1,-20-05
Scott Rice, Jim Ebert and Jerry Koski. Problems with
the resident entrance were thorouehly discussed
potential solutions were: 1) Movine or turnine staircase
to increase sie:ht distances and/or 2) redesieninl! entrance
to provide additional turnine: radius.
. Staff (Mike Reynolds, Scott RIce, and Wayne Wells) meet 1-21-05
With the applIcant (LOUIS Anastasopoulos, John Pralb, Keith
Zayak, Steve Spencer, and Jerry Koski) regardmg changes
necessary m order to be placed on the next aVailable CDB
agenda (antIcIpated to be 3-15-05) The apphcant IS told that
2-3-05 IS the submIttal deadlme for the March 2005 CDB meetmg
At this meetml! Jerry Koski claimed that the entrance
was adequately desil!ned althoul!h he al!reed With the
chanl!es proposed in the previous day telephone call.
Steve Spencer was adamant that the stair case could not
be modified. Applicant aereed to redesie:n entrance
and fax to us for prelIminary approval.
. Fax from Jerry Koski with revised entrance desil!n.
This desien still results in vehicles encroachine: into
the oncomine lane at the resident entrance and
includes flexible bollards that result in obstructions
for vehicles not turnine rieht.
1/21105
. Email to Steve Spencer and Keith Zayac identifyinl!
our continued concerns with the safety of the resident
entrance. (See 1/21/05) concerns.)
1/28/05
· Fax from Jerry Koski with a redesie:ned entrance that
Provides just enoueh maneuverine: room to complete a
turn from the entrance UP the ramp. There is little room
for error by the driver of an averaee vehicle without
encroachine mto the oncomine lane
1/31/05
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Conditions Associated With
FLD2004-09072
483 MANDAlAY AVE
land Resource Condition
Rick Albee
562-4741
1 0/22/2004
11/18/04-Pal m removals eq uate to 1" only, replacements also eq uate to 1" only Revise prior 10 Not Met
BUilding Permit
10/22/04-Revlse tree removal calculations, all trees rated 2 or below do not reqUire replacements
and all palm trees are replaced at one Inch each Provide pnor to bUilding permit
Parks & Recs Condition
Debbie Richter
562-4817
12/14/2004
Open Space and Recreation Impact fees are due pnor to Issuance of bUilding permits or final plat Not Met
(If applicable) whichever occurs first These fees could be substantial and It IS recommended that
you contact Deb Richter at 727 ~562 -4817 to calculate the assessm ent
Solid Waste Service
12/01/2004
Initials Mlssmg
Initials MIssing
Not Met
Enclosure not to Spc Explain how condo Units will dispose of trash, how will they recycle, Show
how eXisting retail will dispose of Solid Wasle and Recycling
12-01-04 Is the "roll-out Dumpster" on the South side a compactor? It IS unclear If not there IS
madquate service
TraffiC Eng ConditIon Bennett Elbo 562-4775
10/27/2004 1 Parkmg garage design on cIvil plans and architectural plans do not match MET Not Met
2 All parking spaces and dnve aisles must meet current city standards I e for a 90 degree parking
stall It must meet m In Imu m dim enslons of 9 ' wide by 19' long With a 24' wide drive aisle 18 5'
DIMENSION AS SHOWN ON THE SITE PLAN IS ACCEPTABLE WITH THE CITY ENGINEER
10/28/2004 - PROVIDE DIMENSIONS FOR PARKING STALLS ON FLOORS 2-3-4 12/1/04-
SHEET A1 1 INDICATES STALL DEPTH 175', BUT SHEET A1 3 SHOWS 185' TYPICAL,
PLEASE CLARIFY
3 All disabled parking stalls must comply WIth current cIty standards (Width, accessible aisle and
columns In aisle) MET
4 PrOVide a detail of the disabled parking stall and sign SEE COMMENT #2 FINE AMOUNT IS
INCORRECT ~ SHOULD BE $255 12/16/04 - met
5 All disabled parkmg stalls must be strategically located close to an accessible entrance MET
6 All levels of parking must meet reqUired A D A height clearance (8' ~ 2) for handicap vans MET
7 Show accessible path from parking garage to connect retail bUlldmg,condo and public
sidewalks NEED ACCESSIBLE PATH FROM GARAGE TO SIDEWALK ALONG POINSETTA
STREET 1/11/05 - MET
8 General Note Garage supports such as walls and columns must not mtrude WIthIn parking stall
dimenSions (Community Development Code Section 3-1402) ACKNOWLEDGED
9 General Note Garage supports such as walls must not Impede driver's Sight vIsibility when
backing out of parking space (Community Development Code Section 3-1402)
ACKNOWLEDGED
10 Columns must not Intrude mto the disabled parkmg access aisle Chapter 11 Flonda BUilding
Accessibility Code, Section 11-463 MET
11 Demonstrate that column locatIons provide adequate turning radiUS to accommodate all
vehicular mobility Without encroaching mto other traffiC VEHICLE PATHS NOT CONTINUOUS
RIGHT TURN ONTO RAMP AT SOUTHWEST CORNER OF GARAGE DOES NOT APPEAR TO
SATISFY THIS CONDITION 12/16/04 - The vehicle path shown on Sheet A1 1 Indicates vehicles
starbng to turn pnor to the card reader and encroacmg Into the lane for traffiC traveling down the
ramp ThiS IS a problem for safe operation of the garage and must be addressed pnor to COB
1/11/05 - THE TURNING MOVEMENT FOR VEHICLES ENTERING THROUGH THE
RESIDENT'S ENTRANCE CONTINUE TO SHOW AN UNACCEPTABLE CONFLICT 3/14/05-
Print Date 03/25/2005
CaseCondltons
Page 1 of 2
~ '
FLD2004-09072
483 MANDALAY AVE
Traffic Eng Condition Bennett Elbo 562-4775
The resident entrance has been revised to an eXit only therefore removing the conflict ThIs eXit
should also be used as an entrance dunng peak events
12 Show location of parking ticket dlspenser(s) MET
13 Show stacking for 18' veh Icle with 2' gap between veh Icles enten ng the parking garage at the
ticket dispenser at all entrances Stacking for a minimum of two vehicles at the main entrance and
one at the condominium entrance MET
14 Sight VISibility triangles are not displayed correctly Please refer to the community
development code for correct placement Page CD330 MET - 1/11/05 - SIGHT TRIANGLES
ARE NO LONGER ON THE SITE PLAN 3/14/03 - Sight triangles are shown and are correct
15 Remove building structures such as walls that are within the sight Vlslbllty triangles or
re-deslgn building wall where motOrist's line of sight IS not obstructed THUS MUST BE
INCLUDED IN REQUEST
16 Paint stop bar and the word "stop" at the bottom of ramp located near the condominium's
dnveway MET
All of the above to be addressed prior to COB
Traffic Impact Fees to be determined and paid prior to CO
Prior to bUilding permIt
1 Show IIghtmg and drainage plan
Zonmg Condition
Wayne Wells
562-4504
03/21/2005
3/21/05 - WW
Not Met
12/20/04 - MHR
There IS a discrepancy between the Site plan and the application form (Attachment A) as to
bUlldmg height Site Plan 84 feet, 9 Inches, Application 92 feet, 10 Inches
CaseCondltons
Print Date 03/25/2005
Page 2 of 2
Wells. Wayne
From
Sent
To
Subject
Rice, Scott
Monday, March 28, 2005 1049 AM
Wells, Wayne
Pelican Walk Garage/Condos
Wayne
Engineering has completed final review of Pelican Walk The following should be a condition of the staff report
The south Resldent's/Emergency EXit shall be used for both Ingress and egress at appropriate times dunng peak events
D. Scott Rice
Land Deve/. Engr. Manager
727..562..4781
scott.rice@MyC/earwater.com
1
Wells. Wayne
From
Sent
To
Cc
Subject
Rice, Scott
Wednesday, March 23, 2005 1039 AM
Wells, Wayne
Arasteh, Mahshld, QUillen, Michael, 'jebert@tlmhaahs com'
Pelican Walk Garage/Condos
Wayne,
I spoke With Jim Ebert this morning regarding Pelican Walk He IS satisfied With the site plan In regard to the safety of the
south eXit There IS a question regardmg what appears to be a parking space Immediately north of the eXit This area IS
closed off by a line on Sheet C4, but It stili looks like a parking space This space IS problematiC as the dnver would not be
able to see up the ramp while backing out ThiS area should nol be a parking space ThiS was previously Identified to Keith
Zayac In an Emall to him from Mike QUillen
The Issues Jim will be concerned about at BUilding Permit Include
1 The location of "pay on foot" machines If they are to be utilized
2 The Interrace between the garage and shopping center Issues Include pedestrian access, fife separation, elc
Jim Indicated that he had diSCUSSion on these Issues With Steve Spencer, but has not received any further Information
A condition that I would like to see In the Staff Report IS that dunng events the south eXit be used for Ingress dunng peak
arnval time and public egress at peak departure time
D. Scott Rice
Land Devel. Engr. Manager
727-562-4781
scott.rice@MyC/earwater.com
1
,.
"'S'
Wells, Wayne
,
~
From
Sent
To
Subject
Watkins, Sherry
Tuesday, March 15, 2005425 PM
ORC Members
ResubmlUals for Apnl19
Importance
High
Good Afternoon ORC Members
Plans for the following cases have been resubmitted for the Apn119, 2005, COB meeting
have placed one copy of the case resubmItted package on the cabinets outs Ide of Room 216 In our office for your revIew
(please do not take It, as we need It for the COB mall out) Please review your comments/conditions for thiS case m
Permit Plan and determme If they are met Whether the conditions are "met" or stili "not met," please affirm to me
via emall Please have these cases reviewed, If possible by 400 pm on Wednesday, March 16,2005
1 FL02005-01 005,SGN2005-01016 & Camp Landscape Adams Mark Hotel - 430 S Gullfvlew (Planner Wayne Wells)
2 FL02005-01007 & Comp Landscape - Ambiance on White Sands - 15 Avalon (Planner Wayne Wells)
3 FLD2005-01016, TDR2005-01017 & Camp Landscape - Sunspree - 715 S Gulf view Blvd (Planner Wayne Wells)
4 FLD2004-02011A, PL T2004-00007 - Townhome Manors - 2520 Sunset POint Road (Planner Mike Reynolds)
5 FLD2005-01008 - Clearwater Yacht Club - 830 Bayway Blvd (Planner Marc Manana)
6 FLD2005-01009 - Robert Pennock - 665 Bay Esplanade (Planner Marc Manano)
7 FL02005-01012 & Comp Landscape - 200 Skiff POint (Planner Marc Manano)
8 FL02005-01010 - Bay Harbor - 600 Bayway Blvd - (Planner John Schodtler)
9 FL02004-02015 - 483 Mandalay Avue ( Planner Wayne Wells)
1
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Page 1 of2
Wells, Wayne
From
Sent
To
Cc
Subject
Rice, Scott
Fnday, February 11,2005827 AM
'kelth@kelthzayac com', 'sJs@spencerarch com'
QUillen, Michael, Wells, Wayne
Pelican Walk
Keith,
Yesterday I received a fax from Jerry Koski With a revised plan for the resIdent "entrance" The new plan makes
this location an eXit only and therefore removes the conflict The revised design Indicates a new parking space
between the eXit lane and the stair tower This space must be deleted because the driver would not be able to see
up the ramp when backing out The revised design will need to show a stop sign and stop bar at the eXit the same
as at the publiC eXit
See the follOWing Emall from Jim Ebert regarding the revised design He remains concerned about column B 3-2
Your team needs to address this With him
Let me know If you have any questions,
D. Scott Rice
Land Devel. Engr. Manager
727-562-4781
scott.rice@MyC/earwater.com
-----Onglnal Message-----
From: Jim Ebert [mallto,]ebert@tlmhaahs com]
sent: Thursday, February 10, 2005 12,13 PM
To: Rice, Scott
Subject: PW garage
HI Scott Looked a WPC's latest sketch and the concept will work With eXit only I'd suggest eliminating the "new"
space Just south of the stair as a dnver can't see up the ramp while trYing to back out Mt prevIous comment
about moving the col At the eXit turn stili applies
Please VISit our new webslte W\NW tlmhaahs com
E James Ebert, P E.
Executtve VIce PresIdent
Timothy Haahs & Associates, Ine
550 Township Lme Road, SUite 100
Blue Bell, Pennsylvania 19422
t 484-342-0200 ext 104
f 484-342-0222
2/11/2005
Watkins, Sherry
From
Sent
To
Subject
Tarapanl, Cyndl
Fnday, February 11, 2005 11 58 AM
Watkins, Sherry, Wells, Wayne
FW FLD2004-09072, 483 Mandalay Avenue, Pelican Walk Condominiums and Garage
Please add to the file thanks
Cyow TarapaOl
Plannmg Dltectm
(727)562-4547
cynch taraparn@myclt"arwatcr com
-----Qngmal Message-m-
From: Reynolds, Mike
Sent Thursday, December 30,2004 2 27 PM
To' Tarapanl, Cyndl, Gerlock, Chip
Subject: FLD2004-09072, 483 Mandalay Avenue, Pelican Walk Condominiums and Garage
Cyndl and Chip,
Yesterday, December 29, Scott Rice and I met with Keith Zayak and Steve Spencer to make clear what stili needed to be
produced by the applicant In order for the application to move forward to a CDS meeting We spent time diSCUSSing
potential site plan redeSign of parking garage vehicular flow We went through the Permit Plan list of "Not Met" Items,
resolving some on the spot and Itemizing others that Keith and Steve agreed to address With a revised submittal
In anticipation of prepanng a staff report, which In part Will cover denSity, I asked the applicants to explain their proposal for
the 28 residential units project component I said that qUick math shows a denSity allowance of 24 units on site Steve
said that four units were Included by TOR and that he had correspondence In hiS file about It I explained that TDRs need
COB approval Steve also said that It was thought that TORs had been recently processed through Wayne Wells for the
Pelican Walk site When asked, Wayne said that attorney Nickolas Ekonomldes, Inquired, approximately three to four
weeks ago, by telephone as a general question and not related to any specific project as to the purchase of development
rights The response to Mr Ekonomldes was that one can purchase development nghts that can be applied later to a
specific project Wayne said that he was not aware of any TOR to the Pelican Walk site A check of the TOR balance log
shows no TOR activity to Pelican Walk I said that a TOR application form With all reqUired attachments Will need to be
submitted, and that agenda noticing reqUirements Will mean that Pelican Walk cannot be heard by the CDS until the
February 15, 2005 meeting
The applicant asked for additional time, to submlt application plan revIsions and the TOR application form (with
attachments) beyond the January 6 reVISions deadline for the February 15, 2004 CDS meeting I said that all application
and plan revISions along With the TOR application Will need to be submitted no later than 4 00 pm on Monday, January 10,
2005
In summary the status can be outlined as follows
. The Pelican Walk Comprehensive Inflll FleXible Development and TOR requests Will be considered by the Community
Development Board on February 15, 2004, If revised plan matenals and a TDR application are submitted by 4 00 pm
on Monday, January 10, 2005, and If the revIsions and other submittal matenals are deemed complete and
acceptable
. The revised plan matenals will Include plan sheet revIsions to show safe vehicular turn movements The reVISions Will
also address staff comments In Permit Plan
Mike
1
Watkins, Sherry
From
Sent
To
Subject
Tarapanl, Cyndr
Friday, February 11, 2005 11 58 AM
Walkins, Sherry, Wells, Wayne
FW FLD2004-09072, 483 Mandalay Avenue, Pelican Walk Condominiums and Garage
Please add to the file Thanks
Cynd1 TarapaOl
l)lannmg D1tl:ctor
(727)562-4547
cyndt taraparu@myclearwater com
-----Onglnal Messagemn
From: Reynolds, Mike
Sent: Thursday, December 30,20043 17 PM
To: 'kelth@kelthzayac com'
Cc Gerlock, Chip, Tarapanl, Cyndl, Rice, Scott
Subject FLD2004-09072, 483 Mandalay Avenue, Pelican Walk Condominiums and Garage
Keith,
As a brief summary to what we concluded with at our meeting yesterday (Steve Spencer, Scott Rice, you and 1), thiS e-mail
IS sent to you
. The Pelican Walk ComprehenSive Inflll FleXible Development and TDR requests Will be conSidered by the Community
Development Board on i=ebruary 15, 2004, If reVised plan matenals and a TDR application are submitted by4 00 pm
on Monday, January 10, 2005, and If the reVISions and other submittal matenals are deemed complete and
acceptable
. The reVised plan materials will Include plan sheet revIsions to show safe vehicular turn movements The reVISions Will
also address staff comments In Permit Plan
I am prOViding you with an example of an already approved TOR application ThiS copy IS available at the Development
Services front counter At your request, the copy document IS addressed to Spencer and ASSOCiates
Thank you
Michael H Reynolds, AICP
City of Clearwater Planning Department
1
r
Watkins, Sherry
From
Sent
To
Subject
Tarapanl, Cyndl
Friday, February 11, 2005 11 57 AM
Watkins, Sherry, Wells, Wayne
FW FlD2004-09072, 483 Mandalay Avenue, Pelican Walk Condominiums and Garage
Please add to the file If not already done Thanks
Cyndi Tarapani
Planmng Director
(727)562-4547
cynch tarapa01@myclearwater com
-----Ong In a I M essage-----
From' Reynolds, Mike
Sent: Thursday, December 30,2004 3 57 PM
To 'kelth@kelthzayaccom'
Cc: Gerlock, Chip, Tarapam, Cyndl, Rice, Scott
Subject: FLD2004-09072, 483 Mandalay Avenue, Pelican Walk Condominiums and Garage
Keith,
As a brief summary to what we concluded With at our meeting yesterday (Steve Spencer, Scott Rice, you and I), this e-mail
IS sent to you
. The Pelican Walk ComprehenSive InfJII Flexible Development and TOR requests will be considered by the Community
Development Board on February 15, 2005, If reVised plan materials and a TOR application are submitted by 4 00 pm
on Mond ay, January 10, 2005, and If the revISions a nd other submltta I materials are deemed com plete and
acceptable
. The reVised plan matenals will Include plan sheet revIsions to show safe vehicular turn movements The revIsions will
also address staff comments In Permit Plan
I am prOViding you With an example of an already approved TOR application This copy IS available at the Development
Services front counter At your request, the copy document IS addressed to Spencer and ASSOCiates
Thank you
Michael H Reynolds, AICP
City of Clearwater Planning Department
1
;-
Watkins, Sherry
From
Sent
To
SubJect
Tarapanl, Cyndl
Friday, February 11, 2005 11 58 AM
Watkins, Sherry, Wells, Wayne
FW FLD2004-09072, 483 Mandalay Avenue, Pelican Walk Condominiums and Garage
Please add to the file Thanks
Cyndt Tarapam
Planmng Director
(727)562-4547
cynch tarapam@myclearwater com
-----Ong In a I Messa ge-----
From: Reynolds, Mike
Sent: Tuesday, December 28, 200411 42 AM
To: Tarapanl, Cyndl
Cc: Gerlock, Chip
SubJect: RE FLD2004-09072, 483 Mandalay Avenue, Pelican Walk Condominiums and Garage
Cyndl,
The City staff concerns with Pelican Wall are resolvable prior to the January 18, 2005 COB meeting The most critical
concern IS traffic safety within the garage As traffic deSign at DRC was not acceptable, the applicant was given until the
December 8 resubmlttal deadline to address comments The plan for vehicle flow was not redeSigned (by December 8)
and City Engineering staff and the City consultant continued to find It unworkable
The applicant has been given until January 3, Monday, to address staff comments Scott Rice and I Will meet With Keith
Zayak and Steve Spencer tomorrow, to make sure that staff concerns are understood If the plans are not submitted by
January 3 or If January 3 revIsions are determined to be not acceptable, the application Will be continued by staff to the
February COB meeting
As this IS a high profile proJect, we have been as flexible as pOSSible to do what we can as staff to try and keep It moving
forward I Informed Chip that technically the plan (December 8 revIsions) wasn't ready to meet the January 18 agenda
filing, but that Issues could be resolved prior to COB The application was placed on the January 18 agenda because of the
senSItiVity of ItS nature as highly and politically vIsible and to give the pnvate sector Side of the team every pOSSible
opportunity Within the public calendar to move ahead
Mike
-----Qng Ina I M essage-----
From: Tarapanl, Cyndl
Sent' Wednesday, December 22, 2004 3 11 PM
To: Reynolds, Mike
Cc: Gerlock, Chip
SubJect: RE FLD2004-09072, 483 Mandalay Avenue, Pelican Walk Condominiums and Garage
If I am understanding thIS Information correctly, the project wasn't truly suffICient but It was
determined to allow It to be suffiCient and placed on the January COB agenda If thIS IS right, I am
very perplexed by thiS deCISion to allow something to be suffiCient when It really Isn't
Chip and Mlke--you need to deal With thiS Issue If you have allowed It to be advertised and they
haven't met the suffiCiency Issues, then you need to figure out how to fiX It prior to the COB, or
you may determine another course of action that IS appropriate
I trust that you will Identify some solutions to thiS Issue When you have decided what to do on
thiS case, please let me know vIa e-mail so that I can keep city management Informed on thiS
1
.""~
vIsible project Thanks
Cyndl Taraparu
Plann1l1g Ducctor
(727)562-4547
cyud! tarapal11@myc1earwatcr com
-----Ong In a I Messag e-----
From: Reynolds, Mike
Sent: Monday, December 20,20049 02 AM
To: Tarapanl, Cyndl
Cc Gerlock, Chip, Rice, Scott
Subject: fLD2004-090n, 483 Mandalay Avenue, Pelican Walk Condominiums and Garage
Importance High
Cyndl,
You had asked me to brief you upon my (and other DRC staff) review of the Pelican Walk site plan revISions The
reviews were completed last week, but then you and I were out sick I realize that your schedule IS limited today,
but I will be happy to talk with you at your convenience
To meet a deadline. the Pelican Walk site plan was Included within the January 18, 2005 COB Meeting Agenda
However, there are some troubling Issues (pian/applicatIon suffIcIency) as to actually hearing Pelican Walk at that
meeting There are a number of Planning Items "not met" In Permit Plan Further, a cntlcalltem of concern, noted
by Engineering, needs to be addressed by the applicant prior to reviewing the submittal at a COB meeting
The Engineering Item, per Scott Rice Engineering has completed review of the resubmlttal for the subject
application The conflict between vehicles entering the garage at the reSident entrance and vehicles traveling down
the ramp has not been resolved The follOWing Traffic comment has been added to Permit Plan "The vehicle path
shown on Sheet A 1 1 indicates entering vehicles starting to turn prior to the card reader and encroaching Into the
lane for traffiC traveling down the ramp ThIs IS a problem for safe operation of the garage and must be addressed
prior to COB" This Issue must be resolved before the prOject can go to CDS
I Will fax an updated Permit Plan status to Keith Zayak
Mike Reynolds
2
Wells, Wayne
From
Sent
To
Cc
SubJect
Parry, Mark
Friday, February 04,2005 11 57 AM
'kelth@kelthzayac com'
Tarapanl, Cyndl, QUillen, Michael, Arasteh, Mahshld, Wells, Wayne, Rice, Scott
Pelican Walk resubmlttal
Keith,
This IS to confirm the phone call that Scott Rice and I had with you this morning
The parking lot plan needs to be adjusted as follows
· Column A 3-10 IS to be moved to the east to become part of the rotated stair tower - this should have been, or Will be,
faxed to you today
· Column B 3-2 Will be moved to the east
These two changes are necessary for the provIsion of adequate turning room for vehicles
The deadline for a complete application resubmlUal for the March 15, 2005 was yesterday at noon and has passed A
complete appllcalion Will require that all sheets reflect the rotated stairwell Including but not limited to Site plans, landscape
plans, scaled, dimensioned and rendered elevations, etc In addition, a complete resubmlttal Will also Include aU Items In
the original packet Including but not limited to the application, all Criteria, proof of ownership, Signs, stormwater calculations
(as applicable), etc
The next deadline IS March 1, 2005 at noon Th IS Will resu It In an Ap r11 19, 2005 Com m un Ity Development Board Meeting
Please call at least two business days In advance of thiS date In order to schedule an appointment With me or another
planner so that your resubmlttal may be reviewed With you or your designee for completeness on March 1, 2005
Should you have any questions please do not hesitate In contacting me
Mark T Parry
Planner III
City of Clearwater
Planning Department
727 562 4558
mark parry@myclearw8ter com
1
f
" -Ot.,
Page 1 0[2
Wells, Wayne
From
Sent
To
Cc
SubJect
Importance
Horne, William
Thursday, February 03,2005 1 08 PM
Tarapanl, Cyndl, Arasteh, Mahshld
QUillen, Michael, Goudeau, Cyndle, Brumback, Garry, Akin, Pam, Parry, Mark, Wells, Wayne
RE PelJcan Walk Update at Council Meeting TOnight
High
Cyndl,
1 do not expect the discussIOn to dwell on the plannmg aspects The regulatory process IS
plamly laid out and not m dispute The Anastoupolous development team's concern IS
focused on resolvmg the garage deSign Issues m a way that doesn't kICk them mto the Apnl
CDB or later The team wants to treat the garage Issues as condItlonalltems The problem IS
they have yet to follow the garage desIgn approval process outlIned m our agreement The
Issue they face now IS the real prospect of requestIng the councIl to approve another
extensIOn to get everythmg done The purpose of the dIscussIOn tOO1ght IS to get a feelmg of
how the councIl feels about the project at thiS pOInt Mark should be very comfortable
partICipatIng In thiS diSCUSSIOn If necessary Thanks
Bill Horne
--mOng I nal Messagemu
From: Tarapanl, Cyndl
sent: Thursday, February 03, 2005 12,06 PM
To: Horne, William, Arasteh, Mahshld
Cc: QUIllen, Michael, Goudeau, Cyndle, Brumback, Garry; Akin, Pam, Parry, Mark, Wells, Wayne
Subject: RE Pelican Walk Update at CounCil Meetmg TOnight
Bill-I Will not be at the City CounCil meeting tonight due to a family member's major
surgery Mark Parry WIll be representing Planning but he IS not familiar With all of the
history on thiS case
I can provide you With the follOWing status of the regulatory process for thiS case
The project was deemed Incomplete and must resubmit Their deadline IS to resubmit
today, February 3 If the project IS resubmitted, then It Will be scheduled for the March 15
Community Development Board meeting Depending on how the garage deSign IS
reVised In today's resubmitted, the Public Works department mayor may not object to the
deSign After review by PubliC Works and Planning, a staff report Will be Written and sent
to the CDS I believe that the only major outstanding Issue IS the garage deSign and
functIon
I Will ask Mark to determine If the project IS resubmitted by end of the day today and let
you know I Will further ask Mark to Immediately deliver a set of the plans to Engineering
so that they can start their review
1 hope thiS information IS helpful to you Thanks
2/3/2005
I
.
,
......
Page 2 of2
Cyndl T arapam
Planmng Director
(727)562-4547
cynch tarapal11@mydearwater com
-----Onglnal Message-----
From: Horne, William
sent: Thursday, February 03, 2005 11.06 AM
To: Arasteh, Mahshld
Cc: Tarapanl, Cyndl, QUillen, MIchael, Goudeau, Cyndle, Brumback, Garry, Akin, Pam
Subject: Pelican Walk Update at Council Meeting Tonight
MashId,
At tomght's CIty councIl meetmg under eM Reports, 1 would hke to gIve the
counCil a short update on the garage design process aspect of the PelIcan Walk
Garage project. This will generate questIOns related to regulatory process (CDB
schedule) and whether the Mr Anastoupolous wIll be reqmred to request another
extensIon to begm construction ThiS discussIOn will gIve us an mdlCatlOn If the
councIl IS receptive to supportmg another extensIOn
BIll Horne
2/3/2005
'"
"" ~
Wells, Wayne
From
Sent
To
Subject
Watkins, Sherry
Wednesday, February 02, 2005 10 15 AM
Wells, Wayne
FW Pelican Walk Garage/Condos
__m 0 n g I na I M essage-----
From' Tarapam, Cyndl
Sent Monday, January 24, 2005 5 05 PM
To' Watkins, Sherry
SubJect. FW Pelican Walk Garage/Condos
please put a copy of this e~mallln the file Thanks
Cyndt Tarapam
Plannmg Director
(727)562-4547
cynch tarapa01@myclcarwater com
-----Onglnal Message-----
From Tarapam, Cyndl
Sent: Sunday, January 23, 2005 1 01 PM
To, Rice, Scott, Reynolds, Mike
Cc: Bertels, Paul, Bruch, Tracey, QUillen, Michael, Arasteh, Mahshld, Elbo, Bennett, Watkins, Sherry, Parry, Mark, Brumback, Garry
SubJect RE Pelican Walk Garage/Condos
Scott-thanks for the update We WIll await Feb 3 and see what transpires Thanks
Cyndt Tarapam
Planmng Dircctor
(727)562-4547
cy nd1 taraparu@myclearwater com
-----anginal Message-----
From Rice, Scott
Sent: Fnday, January 21, 2005 8 47 AM
To' Reynolds, Mike, Tarapam, Cyndl
Cc: Bertels, Paul, Bruch, Tracey, QUillen, MIChael, Arasteh, Mahshld, Elba, Bennett
SUbJect, Pelican Walk Garage/Condos
On Thursday, January 20,2005, Paul Bertels, Tracey Bruch, and I had a conference call With Jim Ebert of Tim Haahs
(City consultant) and Jerry Koski (sP?) of Walker Parking Consultants (Owner's consultant) regarding our concerns
With the design of the Pelican Walk Garage The Issue IS the conflict pOint at the reSident entrance and lack of Sight
distance for a vehicle entering the garage As currently designed, a vehIcle entering the garage and turning right to go
up the ramp to upper parking floors would encroach Into the oncoming lane for vehicles traveling down the ramp ThiS
situation IS exacerbated by garage structure and a staircase on the InSide of the turn that limits Sight distance
These concerns were expressed by us and supported by Mr Ebert Mr Koski did not dispute these concerns Mr
Koski Indicated that he had expressed Similar concerns to the Owner After discussion, the follOWing plan was devised
to Improve safety at thiS location
1 Move or turn the staircase to Increase Sight distances
2 RedeSign the entrance by narrowing lanes, moving the entrance further south, repositioning the card reader and
provldmg addltlonal turning radiUS on the InSide of the turn
Preliminary review indicates that these modifications may solve the problem and prOVide for safe turning movements
Mr Koski was to get back WIth the owner and begin preparation of these modifications I told him that a resubmlttal
would be due February 3, 2005 If the owner Wishes to be scheduled for the March COB Meeting
1
It J' ~~
Wells, Wayne
From'
Sent
To
Cc
Subject
QUillen, Michael
Tuesday, February 01,20051008 AM
'sjs@spencerarch com'
Tarapanl, Cyndl, Rice, Scott, Arasteh, Mahshld, Wells, Wayne, Bruch, Tracey, Akin, Pam
FW Pelican Walk Parking Garage
As descr1bed 1n an e-ma11 from Scott R1ce, the m1nor reV1S1ons to the res1dent1al garage
access have not remed1ed the safety problem We have received slm1lar comments from our
consultant, J1m Ebert w1th T1mothy Haahs & Assoc A formal letter from h1m 18 forthcom1ng
deta111ng hlS concerns I w111 forward th18 to you upon recelpt
Regard1ng the requ1rement to commence construct1on by March 31, 2005, lt lS apparent that
1t wlll llkely not be p08s1ble to complete flnal bU1ld1ng plans and pull a bU1ldlng perm1t
by that date In that the defin1tlon of commence constructlon reads the "start of
mean1ngful phys1cal development of a mater1al part of the parklng garage bUlld1ng", a Slte
work perm1t would not satlsfy th18 requlrement The best opt1on aval1able would be to
request an addltlonal modlflcatlon to the agreement request1ng another tlme extens10n
ThlS would have to be approved by the C1ty Counc11 If th1S lS what you deslre to do,
please subm1t a wrltten request outl1n1ng the reasons needed for the extens10n and the
amount of tlme requested If th1S lS subm1tted by mld-February we can schedule for
CounCll reV1ew at the March 17 meet1ng If thlS deadllne 1S m1ssed the commence
constructlon deadllne wlll have passed and a whole new agreement may be necessary Please
don't hesltate to contact me 1f you have any questlons
-----Orlg1nal Message-----
From Tarapan1, Cyndl
Sent Thursday, January 27, 2005 2 15 PM
To 'Spencer & Assoclates', wwells@clearwater-fl com
Cc Wells, Wayne, Rlce, Scott, Arasteh, Mahshld, M1ke QUlllen (E-mal1),
Alan, Pam
SubJect RE pel1can Walk Parklng Garage
Steve-regard1ng the rev1sed access, Scott has It and will get lt touch w1th you as soon
as poss1ble Please understand that today 1S DRC day and all staff are lnvolved ln that
Regard1ng the contract between the C1ty and your cllent, the contract lS managed by the
PubllC Works Adm1n1stratlon, not the Plannlng department Please contact M1ke QU11len at
562-4743 to dlSCUSS that matter
We have prev10usly notlfled Kelth Zayac as the agent for thlS proJect of the tlme frames
and that February CDB was not poss1ble due to the lack of completeness of the
appllcatlons
wayne-please send thlS e-mall to Ke1th as I do not have hlS e-ma1l address
Thanks
Cynd1 Tarapanl
Plann1ng Dlrector
(727}562-4547
Cyndl tarapanl@myclearwater com
-----Orlglnal Message-----
From Spencer & ASSOClates [mallto sJs@spencerarch com]
Sent Thursday, January 27, 2005 9 26 AM
To wwells@clearwater-fl com
Cc Tarapan1, Cyndl
Subject Pelican Walk Parklng Garage
1
4
Wayne,
Per our meetlng last week, the res~dentlal access was revlsed and faxed
to Scott To date I have recelved no response and we also have not heard
from you regardlng an extenslon on the Clty'S agreement As you are
aware, my cl1ents and I were very upset to flnd out we wlll not be heard
by the CDB ln February It 1S ObV10US we could have gone forward wlth
thlS resldentlal drlve 1ssue belng ~n condltlon of approval please
contact me as soon as posslble at 727-504-1175
Thank you,
Steve
asm
2
f, ,...,
Wells, Wayne
From
Sent
To
Cc
SubJect
Wells, Wayne
Thursday, January 27.2005600 PM
'Keith Zayac'
Tarapanl, Cyndl, Watkins, Sherry
RE Pelican Walk Parking Garage
Kelth -
Slnce you are the offlclal representatlvejagent for thls proJect, I Just am trYlng to keep
you In the loop regardlng emalls regardlng your deslgn team
As we dlscussed last Frlday (January 21, 2005), you need to resubmlt by noon, February 3,
2005, to be on the March 15, 2005, CDB meetlng
I understand that we may have some resubmlttal packages submltted earller You wlll need
to elther resubmlt 15 coples of all appllcatlon package lnformatlon (appllcatlons, slte
plans, elevatlons, etc ) or you wlll need to replace sheets In the packages you have
already submltted (elther In our offlces or by plcklng up the packages and dOlng It at
your offlce)
If you have any questlons, I wlll try to answer them the best I can (belng the new case
planner)
Wayne
-----Orlglnal Message-----
From Kelth Zayac [mallto kelth@kelthzayac coml
Sent Thursday, January 27, 2005 5 25 PM
To Wells, Wayne
SubJect Re pellcan walk Parklng Garage
When do we need to resubmlt to be on the March CDB per our dlSCUSSlons
Kelth E Zayac, P E , RLA
Kelth Zayac & Assaclates, Inc
701 Enterprlse Road E , Ste 404
safety Harbor, FL 34695
727-793-9888 phone
727-793-9855 fax
----- Orlglnal Message
From <Wayne wells@myClearwater com>
To <kelth@kelthzayac com>
Sent Thursday, January 27, 2005 4 29 PM
SubJect FW pellcan Walk Parklng Garage
FYI
-----Orlglnal Message-----
From Tarapanl, Cyndl
Sent Thursday, January 27, 2005 2 15 PM
To 'Spencer & Assoclates' , wwells@clearwater-fl com
Cc Wells, Wayne, Rlce, Scott, Arasteh, Mahshld, Mlke QUlllen (E-mall),
Akln, Pam
SubJect RE pellcan walk Parklng Garage
Steve-regard1ng the revlsed access, Scott has lt and wlll get lt touch wlth
you as soon as possible Please understand that today 18 DRC day and all
staff are lnvolved In that
1
. J;:;...
Regardlng the contract between the C1ty and your cl1ent, the contract lS
managed by the PubllC works Admlnlstratlon, not the Plannlng department
Please contact Mlke QUlllen at 562-4743 to d1SCUSS that matter
We have prev10usly not1f1ed Kelth Zayac as the agent for thlS proJect of the
t1me frames and that February CDB was not posslble due to the lack of
completeness of the appllcatlons
Wayne-please send thlS e-ma1l to Kelth as I do not have hlS e-mall address
Thanks
Cynd1 Tarapanl
Plannlng Dlrector
(727)562-4547
cyndl tarapanl@myclearwater com
-----Or1g1nal Message-----
From Spencer & Assoclates [ma1lto sJs@spencerarch com]
Sent Thursday, January 27, 2005 9 26 AM
To wwells@clearwater-fl com
Cc Tarapanl, Cyndl
SubJect pel1can Walk Parklng Garage
Wayne,
Per our meetlng last week, the resldent1al access was revlsed and faxed
to Scott To date I have recelved no response and we also have not heard
from you regardlng an extenslon on the C1ty's agreement As you are
aware, my cl1ents and I were very upset to f1nd out we wlll not be heard
by the CDB 1n February It 1S ObV10US we could have gone forward wlth
thls res1dent1al dr1ve lssue be1ng 1n condltlon of approval Please
contact me as soon as posslble at 727~504-1175
Thank you,
Steve
asm
2
Wells, Wayne
From
Sent
To:
SubJect
Spencer & Associates [sjs@spencerarch com]
Thursday, January 27,2005351 PM
Wells, Wayne
FW Pelican Walk Parking Garage
Importance'
High
Wayne,
Per our meet1ng last week, the res1dent1al access was rev1sed and faxed
to Scott To date I have rece1ved no response and we also have not heard
from you regard~ng an extens10n on the C1ty'S agreement As you are
aware, my cl1ents and I were very upset to f1nd out we w1ll not be heard
by the CDS 1n February It 1S obvlous we could have gone forward w1th
th1s resldent1al drlve lssue belng 1n condit1on of approval please
contact me as soon as poss1ble at 727-504-1175
Thank you,
Steve
asm
1
~ .
Wells, Wayne
From
Sent
To
Subject
Wells, Wayne
Thursday, January 27, 2005 4 28 PM
'sjs@spencerarch com'
FW Pelican Walk Parking Garage
Steve -
Th~s 1S the emall Cynd~ sent to you th1S afternoon
Wayne
-----Orlglnal Message-----
From Tarapanl, Cynd1
Sent Thursday, January 27, 2005 2 15 PM
To 'Spencer & Assoc1ates', wwells@clearwater-fl com
Cc Wells, Wayne, R~ce, Scott, Arasteh, Mahsh1d, Mlke QUlllen (E-mall),
Akln, Pam
SubJect RE pellcan walk Parklng Garage
Steve-regardlng the revlsed access, Scott has ~t and w1II get 1t touch wlth you as soon
as posslble please understand that today is DRC day and all staff are lnvolved In that
Regard1ng the contract between the C1ty and your cl1ent, the contract 1S managed by the
Publlc Works Admlnlstratlon, not the Plannlng department please contact Mlke QUlllen at
562-4743 to dlSCUSS that matter
We have prevlously not1fled Kelth Zayac as the agent for thlS proJect of the tlme frames
and that February CDS was not posslble due to the lack of completeness of the
appllcatlons
Wayne-please send th1S e-mall to Kelth as I do not have hls e-mall address
Thanks
Cynd1 Tarapan1
Plannlng Dlrector
(727)562-4547
cyndl tarapanl@myclearwater com
-----Orlg1nal Message-----
From Spencer & ASSOC1ates [mallto sJs@spencerarch com]
Sent Thursday, January 27, 2005 9 26 AM
To wwells@clearwater-fl com
Cc Tarapanl, cynd1
SubJect Pellcan Walk Park1ng Garage
Wayne,
Per our meetlng last week, the resldentlal access was revlsed and faxed
to Scott To date I have recelved no response and we also have not heard
from you regardlng an extenslon on the C1ty'S agreement As you are
aware, my cl1ents and I were very upset to flnd out we w1II not be heard
by the CDB 1n February It lS ObV10US we could have gone forward wlth
thlS resldent1al drlve lssue belng in condit1on of approval Please
contact me as soon as posslble at 727-504-1175
Thank you,
Steve
1
~ "
Wells, Wayne
From'
Sent
To
Subject
Wells, Wayne
Thursday, January 27,2005430 PM
Keith Zayac (E-mail)
FW Pelican Walk Parking Garage
FYI
-----Or1g1nal Message-----
From Tarapan1, Cyndl
Sent Thursday, January 27, 2005 2 15 PM
To 'Spencer & Assoc1ates' , wwells@clearwater-fl com
Cc Wells, Wayne, Rlce, Scott, Arasteh, Mahsh1d, M1ke QUlllen (E-mall),
Akln, Pam
SubJect RE Pel1can Walk Park1ng Garage
Steve-regardlng the rev1sed access, Scott has lt and w1II get lt touch wlth you as soon
as poss1ble please understand that today lS DRC day and all staff are 1nvolved In that
Regard1ng the contract between the Clty and your cllent, the contract is managed by the
Publlc works Adm1n1stratlon, not the Plannlng department Please contact Mlke QU1llen at
562~4743 to dlscuss that matter
We have prevlously not1f1ed Kelth Zayac as the agent for thlS proJect of the tlme frames
and that February CDS was not posslble due to the lack of completeness of the
appllcat10ns
wayne-please send thls e-mall to Kelth as I do not have h1S e-mall address
Thanks
Cyndl Tarapanl
Plannlng D1rector
(727) 562-4547
cyndl tarapan1@myclearwater com
-~---orlglnal Message-----
From Spencer & Assoc1ates [ma1lto s]s@spencerarch com]
Sent Thursday, January 27, 2005 9 26 AM
To wwells@clearwater-fl com
Cc Tarapanl, Cynd1
SubJect pellcan Walk parklng Garage
Wayne,
Per our meetlng last week, the res1dent1al access was revlsed and faxed
to Scott To date I have rece1ved no response and we also have not heard
from you regard1ng an extens10n on the C1ty'S agreement As you are
aware, my cl1ents and I were very upset to f1nd out we wlll not be heard
by the CDS In February It 1S ObV10US we could have gone forward wlth
this res1dentlal dr1ve lssue be1ng 1n condlt1on of approval please
contact me as soon as poss1ble at 727-504-1175
Thank_ you,
Steve
1
Wells, Wayne
From
Sent
To
Cc
Subject'
Tarapanl, Cyndl
Thursday, Jan uary 27, 2005 2 15 PM
'Spencer & Associates', wwells@c1earwater-fl com
Wells, Wayne, Rice, Scott, Arasteh, Mahshld, Mike QUillen (E-mail), Akin, Pam
RE Pelican Walk Parking Garage
Steve-regardlng the revlsed access, Scott has It and wlll get It touch wlth you as soon
as posslble Please understand that today lS DRC day and all staff are lnvolved In that
Regardlng the contract between the Clty and your cllent, the contract lS managed by the
Publlc Works Admlnlstratlon, not the Plannlng department Please contact Mlke QUlllen at
562-4743 to dlscuss that matter
We have prevlously notlfled Kelth Zayac as the agent for thls proJect of the tlme frames
and that February CDS was not posslble due to the lack of completeness of the
appllcatlons
wayne-please send thls e-mall to Kelth as I do not have hls e-mall address
Thanks
Cyndl Tarapanl
Plannlng Dlrector
(727) 562 -4547
cyndl tarapanl@myclearwater com
-----Orlglnal Message---~-
From Spencer & ASSOClates [mallto sJs@spencerarch com]
Sent Thursday, January 27, 2005 9 26 AM
To wwells@clearwater-fl com
Cc Tarapanl, Cyndl
SubJect pellcan Walk parklng Garage
Wayne,
Per our meetlng last week, the resldential access was revlsed and faxed
to Scott To date I have received no response and we also have not heard
from you regardlng an extenslon on the Clty'S agreement As you are
aware, my cllents and I were very upset to flnd out we wlll not be heard
by the CDS In February It lS ObVlOUS we could have gone forward wlth
thlS resldentlal drlve lssue belng In condltlon of approval please
contact me as soon as posslble at 727-504-1175
Thank you,
Steve
asm
1
,I . ~
Wells, Wayne
From,
Sent
To
Subject
Wells, Wayne
Thursday, January 27,2005431 PM
Keith Zayac (E~mall)
FW Pelican Walk Parking Garage
FYI
-----orlglnal Message-----
From Wells, Wayne
Sent Thursday, January 27, 2005 4 26 PM
To 'Spencer & Assoclates'
Cc Tarapanl, Cyndl
SubJect RE pellcan Walk parklng Garage
Steve -
Flrst, apparently you trled sendlng me thlS same emall thlS mornlng at 9 30 am Your
emall got to Cyndl but not me By thls emall apparently you have revlsed my emall
address
Second, I dld send an emall to Cyndl as I sald I would She forwarded that emall to Pam
Akln I do not have any new lnformatlon regardlng the Agreement at thls pOlnt
Addltlonally, I dld not have anythlng to do wlth the orlglnal Agreement I am not an
attorney
Thlrd, at 2 15 pm today Cyndl Tarapanl sent you an emall that spoke to the Agreement
lssue To ensure you recelved that emall, I wlIl forward her emall to you as soon as I
send thls emall
Should you have any addltlonal questlons, feel free to emall me or call me
Wayne
--~~-Orlglnal Message-----
From Spencer & Assoclates [mallto s]s@spencerarch com]
Sent Thursday, January 27, 2005 3 51 PM
To Wells, Wayne
SubJect FW Pellcan Walk parklng Garage
Importance Hlgh
Wayne,
Per our meetlng last week, the resldentlal access was revlsed and faxed
to Scott To date I have recelved no response and we also have not heard
from you regardlng an extenslon on the Clty'S agreement As you are
aware, my cllents and I were very upset to flnd out we wlII not be heard
by the CDB lD February It lS obvlous we could have gone forward wlth
thls resldentlal drlve lssue belng In condltlon of approval Please
contact me as soon as posslble at 727~504-1175
Thank you,
Steve
1
Wells, Wayne
From
Sent
To
Cc
Subject.
Wells, Wayne
Thursday, January 27,2005426 PM
'Spencer & Associates'
Tarapanl, Cyndl
RE Pelican Walk Parking Garage
Steve -
F~rst, apparently you tr~ed send~ng me th~s same ema~l thlS morn~ng at 9 30 am Your
emall got to Cyndl but not me By thlS emall apparently you have revlsed my ema~l
address
Second, I dld send an emall to Cyndl as I sa~d I would She forwarded that emall to Pam
Akln I do not have any new lnformatlon regardlng the Agreement at thlS pOlnt
Addltlonally, I dld not have anythlng to do w~th the orlglnal Agreement I am not an
attorney
Th~rd, at 2 15 pm today Cyndl Tarapanl sent you an emall that spoke to the Agreement
lssue To ensure you recelved that emall, I wlll forward her emall to you as soon as I
send thlS emall
Should you have any addltlonal questlons, feel free to emall me or call me
Wayne
-----Orlglnal Message-----
From Spencer & Assoclates [mallto s]s@spencerarch com]
Sent Thursday, January 27, 2005 3 51 PM
To Wells, Wayne
subJect FW pel1can Walk Park1ng Garage
Importance Hlgh
Wayne,
Per our meetlng last week, the resldentlal access was revlsed and faxed
to Scott To date I have recelved no response and we also have not heard
from you regardlng an extens10n on the C1ty'S agreement As you are
aware, my cl1ents and I were very upset to f1nd out we wll1 not be heard
by the CDB ln February It 1S ObV10US we could have gone forward w1th
thlS resldentlal drlve lssue be1ng 1n condltlon of approval please
contact me as soon as posslble at 727-504-1175
Thank you,
Steve
asm
1
From
Sent
To
Subject
Tarapanl, Cyndl
Thursday, January 27,2005938 AM
Wells, Wayne
FW FLD2004-09072, 483 Mandalay Avenue, Pelican Walk Condominiums
and Garage
please add to the file thanks
Cyndl Tarapam
Planmng Dtrector
(727) 562-4547
cyndt tataparu@myclearwater com
----- Ong In a I Messa ge-----
From Reynolds, Mike
Sent Friday, January 14, 2005 2 23 PM
To: 'kelth@kelthzayac com'
Cc: Tarapam, Cyndl, Gerlock, Chip, Rice, Scott
SubJect FLD2004-09072, 483 Mandalay Avenue, Pelican Walk CondOminiums and Garage
Mr KeIth Zayak
Keith Zayak & ASSOCiates, Inc
Keith,
The Pelican Walk Condominiums and Garage Project cannot go forward to the February 15, 2005
Community Development Board (COB) meeting City staff Will request that the CDB continue the
FleXible Development and Transfer of Development Rights (TOR) applications to a date
uncertain, due to an Incomplete TOR application (no sealed survey for the sender site) In
addition, staff remains concerned wIth the dangerous vehicular movements at the reSident
entrance and bottom of the ramp to the upper parking floors within the garage Our analysIs of
thiS location Indicates that an entering vehicle Will be forced to encroach Into the path of
oncoming vehicular traffic to complete a 90 degree turn ThiS results In a potentially unsafe
condition that must be resolved
Please contact me with any questIons
MIchael H Reynolds, AICP
Planning Department
City of Clearwater
Tel # 727-562-4836
..
Wells, Wayne
From
Sent
To
Cc
Subject
QUillen, Michael
Thursday, January 27,20058 13 AM
Tarapanl, Cyndl, Akin, Pam
Wells, Wayne, Parry, Mark, Brumback, Garry, Rice, Scott, Arasteh, Mahshld
RE 483 Mandalay Avenue, Pelican Walk project
There IS stili a pretty slgmflcant Issue With the residential garage access Up to now we have been expressing our concern
vIa e-maIl & phone calls Our consultant, Jim Ebert, will be providing a formal written objection to the garage layout Hope
to have It this week
-----Ong In a I Messa ge-----
From: Tarapam, Cyndl
Sent wednesday, January 26, 2005 5 22 PM
To: Akin, Pam
Cc: Wells, Wayne, Parry, Mark, Brumback, Garry, Rice, Scott, QUillen, Michael, Arasteh, Mahshld
SubJect, FW 483 Mandalay Avenue, Pelican Walk proJect
Importance High
Pam-I am forwardmg you the follOWing e-mail where Wayne provides a deSCription of the most
recent meeting With the Pelican Walk garage team
Of course, Planning Will manage the resubmlttal process and If he resubmits by Feb 3, then he
will be on the March 15 COB agenda If not, then he Will be on a future agenda We have
provided much latitude on this project regarding timing and Feb 3 IS the latest that we can extend
to hiS team to make the March 15th agenda
I am wrltmg to you to ask you to deal With Mr Anastapoulos' questions regarding the agreement
requirements I am trymg to contmue our effort to separate the contractual agreement from the
plannmg regulatory review If you have any questions, please let me know
Cyndl Tarapam
Planmng Director
(727) 562-4547
C) nrn taraparu@myclearwater com
-----Onglnal Message-----
From' Wells, Wayne
Sent Tuesday, January 25, 2005 8 16 PM
To: Tarapanl, Cyndl
Cc Parry, Mark
SubJect: 483 Mandalay Avenue, Pelican Walk proJect
Importance: Hlgh
Cyndl -
SInce I am taking over thIs project from Mike Reynolds, I also allended a meeting last Friday, January 21, 2005,
regarding the status of the prOject At times, the diSCUSSion was heated
At their meeting on January 18, 2005, the Community Development Board (COB) continued Case No FLD2004-09072
to a date uncertain The applicant's deSIgn team are workIng on provIding such Information necessary for the project
to be deemed suffiCient
At Issue WIth Elias Anastasopoulos IS compliance With the Agreement he has With the City to construct the parking
garage According to Section 503 a of the Agreement, commencement of construction IS to be WIthIn 12 months after
the Effective Date and pursue construction to completion Within 36 months of the Effective Date Based on Section
1 01 9 of the Agreement, the Effective Date upon execution of the Agreement was August 26,2003 Mr
Anastasopoulos' understanding and concern IS that he has to begin construction by March 31, 2005 Based on my
1
reading of the Agreement, I don't know If this IS a correct date or not (looks to mt:: ne didn't meet the date to
commence construction)
Due to the application stili not being suffiCient, and It wasn't advertised for the February 15, 2005, COB meeting, It
appears that this Case, assuming It Will become suffiCient, could be scheduled for the March 15, 2005, COB meeting
Mr Anastasopoulos'
concern (based on his understanding that he must begin construction by March 31,2005) IS that With the COB meeting
on March 15, 2005, there may be InsuffiCient time to actually begin construction I suggested submitting for a site
development permit, or potentially a foundation only permit Assuming the site plans (and/or bUilding plans) are
submitted qUickly, potentially a permit could be Issued In a timely manner The definition In Section 1 01 8 of the
Agreement states that "commence construction" means the start of meaningful physical development of a material
part of the parking garage bUilding
The qUickest I can get this project back to the COB IS March 15, 2005 I have told the applicant that we would need
resubmlttals by February 3, 2005 The, case needs to be readvertlsed for the COB, Including the Transfer of
Development Rights (TDR2005-01 015)
I told Mr Anastasopoulos I would write this emall to help determine when he must commence construction, so as to be
In compliance With the Agreement Any way you and/or the Legal Department can prOVide such InSight? If he IS out of
compliance With the terms of the Agreement to commence construction, will the Agreement need to go back to City
Council?
Thanks Time IS of the essence
Wayne
2
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This Agreement for Grant (the "AgreementU) IS made as oftlus ~ day of August 2003,
by and between THE CITY OF CLEARWATER, FLORIDA, a mumclpal corporatIOn and
polItIcal subdlvtSIOn ofllie State ofFJonda (the "CIty"), and B. J E, Inc ("Pehcan Walk"),
WITNESSETH
WHEREAS, the CIty of Clearwater has adopted a commumty revltahzatton plan entItled
Beach by Deslgn,
WHEREAS, Beach by Deslgn contemplates the prOVISion of adchtIOnal off-street parkIng
on Clearwater Beach In support of resort development, beach patronage and the revitalIzation of
North Mandalay;
WHEREAS, the new high span bndge between the mamland and Clearwater Beach IS
scheduled to open on or before March 31, 2004,
WHEREAS, the new high span bndge Will Improve access to the beach and IOcrease the
need for off-street parkmg on Clearwater Beach;
WHEREAS, on days of peak beach patronage, there IS a senous shortfall m the
aVaIlablhty ofpubhc parlang on Clearwater Beach;
WHEREAS, the City of Clearwater has exhaustIvely analyzed the opportunIbes for
provldmg additIonal parkmg on Clearwater Beach,
WHEREAS Peltcan Walk IS the owner of certam real property on Clearwater Beach
popularly known as the Pehcan Walk Shoppmg Center,
WHEREAS, one of the SItes wluch the CIty has IdentIfied as a potenttal sIte for a parkmg
garage IS the eXlstmg surface parkmg lot whIch IS a part of the Pelican Walk Shoppmg Center
("Parkrng Garage Site"),
WHEREAS, the CIty of Clearwater has conducted vanous studIes of the feaSibIlity of
constructmg additIonal off-street parkmg and evaluated more than twelve (12) different SItes;
WHEREAS, the seasonahty of parkmg demand on Clearwater Beach compromises the
financial feasIbIlIty of proVIdmg addltlonal parkmg because potential revenues are substantlally
reduced dunng non-peak days,
WHEREAS, PelIcan Walk has offered to work With the City of Clearwater to faCIlItate
the prOVISIon of addItional off. street parkmg on Clearwater Beach,
Pelican Walk Puking Garage Development Agreement
1 of 29
July 8. 2003
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(1(7- --; ') // { c
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WHEREAS. the CIty ComnllsslOn of the CIty of Clearwater deternllned that the
acquIsItlon of the Parkmg Garage Site and development and operatIon of a pubhc parkmg garage
on the SIte could not be JustIfied on the basis of eXlstrng and projected parkmg revenues;
WHEREAS. the Clty CommIssIOn detenmned that m the absence of addItIOnal pnvate
development whIch generated additional off-street parkmg demand for non-peak days. the
constructIon and operation of a public parkIng garage mvolved a measure of nsk the
ComnllSSlOn was unWIlling to accept.
WHEREAS, the CIty and Peltcan Walk have worked dlhgently to IdentIfy a finanCIally
feaSIble approach to the construction and operation of a new parkmg garage on the ParkIng
Garage Site.
WHEREAS, PelIcan Walk offered to convey the Parkmg Garage SIte to the CIty so long
as the amount of parkmg currently existing on the Parkmg Garage Site was aVallable to Pehcan
Walk for Its tenants and customers,
WHEREAS. the CIty of Clearwater employed profeSSIOnals expenenced In the financmg
of parlang garages to evaluate the econotnlc feaslblhty of vanous opoons for a new parkIng
garage on the Parkmg Garage SIte.
WHEREAS, the economic feasibIlIty analysIs prepared for the City of Clearwater
revealed that each of the options for a publIcly financed and operated garage mvolved a
lIkehhood that revenues would be insuffiCient to cover debt ServIce and operatmg costs and that
addItional parlang demand and revenues depended on the pace of reVItalIzatIon and
redevelopment on Clearwater Beach and other matters beyond the CIty'S control,
WHEREAS, Pehcan Walk has proposed~ as an alternative to a publtcly owned and
operated parkmg garage, that Pehcan Walk construct a garage and make parklTIg m the garage
aV811able to the publIc. mc1udmg the tenants and lDvltees of the Pelican Walk Shoppmg Center,
on an equal, first come. first served basts fOT the useful hfe of the garage;
WHEREAS. Pelican Walk has proposed that the new parkmg garage would be
constructed and operated accordmg to the specIficatIOns of the City of Clearwater;
WHEREAS. PelIcan Walk proposed that the CIty of Clearwater make a grant to PelIcan
Walk m the amount of one mdhon and four hundred thousand dollars ($1,400,00000) III
conSIderatIon for PelIcan Walk's constructIon and operatIOn of an off-street parlang garage open
to the publIc, mcludmg the tenants and tnVltees of the Pehcan Walk Shoppmg Center, on an
equal. first come~ first served basiS;
WHEREAS, the parlong garage proposed by Pehcan Walk IS not economIcally VIable
WIthout a grant maid m an amount of at least one mIlhon and four hundred thousand
($1,400,000,00).
Pelican Walk Parking Garage Development Agreement
2 of 29
July 8~ 2003
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WHEREAS, the Pehcan Walk proposal gIves the CIty of Clearwater addItIOnal publIc
parkmg to the public WIthout additIOnal uncertam finanCIal nsk,
WHEREAS, the proposed grant of one mtlhon and four hundred thousand dollars
($1,400,000 00) IS sIgmficantly less than the net cost of land acqUISItIOn, construction, financmg
and operation of a pubhc parlang garage,
WHEREAS, the CIty CommiSSIOn of the CIty of Clearwater has detenmned that the
constructIOn of a new parking garage on the Parkmg Garage SIte aVaIlable to the public on an
equal, first come, first served basIS wIll serve the best mterests of the CitIzens of the City,
WHEREAS, the proVlSlOD of addtnonal parkmg aVaIlable to the publIc on an equal, first
come, first serve basIS IS a valId publtc purpose,
WHEREAS, the CIty understands that PelIcan Walk IS wIllIng to undertake the financIal
nsk of desIgnmg, constructIng and operating the proposed Parkmg Garage and that PelIcan Walk
IS relymg upon the stnct enforcement of eXlstmg mlUllclpal regulations governmg on-street and
off-street parkmg as It undertakes the financial nsk of the proposed Parkmg Garage;
WHEREAS, the CIty understands that the economIC feasIbIhty of the proposed Parking
Garage would be adversely affected If the CIty were to construct or cause to be constructed or to
otherwIse prOVide finanCIal support for addlttonal off-street parkmg spaces wrtlnn the ImmedIate
VlcImty of the Parkmg Garage Site,
..HI..-
WHEREAS, at a duly called publIc meetmg on the ll-.- day of July, 2003, the City
CommISSIOn approved tlns Agreement, and authonzed and dIrected Its executIon by the
appropnate officials of the City; and
WHEREAS, the Board of DIrectors of B J E., Inc has approved thIS Agreement and
has authonzed certam mdlVlduals to execute this Agreement on Its behalf.
NOW, THEREFORE, In consIderanon of the mutual promlses and covenants contamed
herem, the partIes hereby agree as follows'
ARTICLE 1 DEFINITIONS.
1.01 Def"mitions The terms defined m dus ArtIcle 1 shall have the followmg meanmgs
except as herem otherwise expressly prOVIded'
1. "Agreement" means tlns Grant In AId mcludmg any ExhibIts and any
amendments thereto.
2 "Beach by DeSIgn" or" Plan" means the strategic redevelopment plan for
Clearwater Beach dated 2001 whIch was adopted by the City Comrmsston
Pelican Walk Parking Garage Development Agreement
3 of 29
July 8. 2003
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pursuant to the prOVISIons of the Pmellas County Planmng Councll's Rules for the
desIgnatIOn of a SpecIal Area PlanlCommumty Redevelopment DIStnct
3. "CIty" means the City of Clearwater, Flonda, a Flonda munIcIpal corporatIon
4 "CIty COmmISSIOn" means the govenung body of the CIty
5 "CIty'S Representattve" means that person desIgnated by the CIty to represent the
CIty dunng the desIgn and constructIOn of the proposed ParkIng Garage.
6. "Commencement Date" means the date on wInch Pehcan Walk commences or
causes a Contractor to commence constructIon of the PelIcan Walk Parkmg
Garage
7 "Commence constructIon" means the start of meamngful phYSIcal development
of a matenal part of the Parking Garage bUIldIng.
8 "ConstructIon CompletIon Date" means the date a final certIficate of occupancy IS
Issued by the CIty for the PelIcan Walk Parlang Garage.
9 "EffectIve Date" means the date of approval and executIon of thIS Agreement as
proVIded In SectIon 13 14
10 "ExlubIts" means those agreements, diagrams, drawIngs, speclfi catIons ,
Instruments, forms of instruments, and other documents attached hereto and
deSIgnated as exh1bIts to, and Incorporated in and made a part of, thIS Agreement
11 "Parking Garage Site" means the land on whIch the eXisting Pehcan Walk surface
parlang lot and assocIated stonn water management facIlItIes are located whIch IS
located mmlechately to the east of the eXlstmg PelIcan Walk Shoppmg Center and
fronts on POInsettla Avenue, as more particularly descnbed m ExInblt ~
12 "Pehcan Walk ParkIng Garage" means a parkIng garage to be constructed on the
Parking Garage SIte" conta.mlng not less than three hundred (300) off-street
parlang spaces
13 "Plans and SpecIficatIons" means the schematIc, prehmmary and final
constructIOn plans for the Pehcan Walk Parkmg Garage
14 "UnavOldable Delay" means a delay as descnbed tn Article 15 hereof.
1.02 Use of Words and Phrases. Words of the masculIne gender shall be deemed and
construed to mclude correlanve words of the femlllme and neuter genders Unless the
context shall otherwise indIcate, the smgular shall mclude the plural as well as the
Pelican Walk Parking Garage Development Agreement
4 of 29
July 8, 2003
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smgular number, and the word "person" shall mclude corporatIons and assocIatlOns,
mcludmg publIc bodies, as well as natural persons "Herem," "hereby," "hereunder,"
"hereof, " "herembefore," "heremafter" and other equivalent words refer to thIS
Agreement and not solely to the partIcular portlOn thereof m which any such word IS
used
1.03 Florida Statutes. All references herem to Honda Statutes are to Flonda Statutes (2002),
as amended from tune to tIme.
ARTICLE 2. PURPOSE AND PROPOSED PARKING GARAGE.
2.01 Purpose of Agreement The pwpose of tlus Agreement IS to further the
ImplementatlOn of Beach by DeSIgn by proVIding for addItional pubhc parkmg on
Clearwater Beach to enhance the quality of hfe, mcrease employment and Improve the
aesthetIc and useful enjoyment of Clearwater Beach all m accordance WIth and In
furtherance of the ComprehensIve Plan and as authonzed by and m accordance WIth the
prOVIsions of Flonda law.
2.02 Proposed Parking Garage.
a Descnpbon, Pelican Walk proposes to develop a parkmg garage contammg at
least three hundred (300) off street parkmg spaces on the Parkmg Garage SIte.
The Parkmg Garage Will be deSigned and constructed m a manner whIch Will
allow the subsequent addltlOn of at least two (2) addItIonal floors of parkmg All
of the parking spaces m the Parkmg Garage wIll be open to the publIc, mcludmg
the mVltees of the Pehcan Walk Shoppmg Center, on an equal, first come, first
served basIS
b Pubhc Benefits and PublIc Interest The proposed Parkmg Garage on the
Park::mg Garage Site, mcludmg the deSign, construction, completlOn and operatIOn
of the Parkmg Garage and each part thereof, IS hereby found by the partIes hereto
(1) to be consistent WIth and 10 furtherance of the objectives of Beach by Deslgn
and the Comprehensive Plan, (2) to conform to the proVISIOns of Flonda law, (3)
to be m the best mterests of the CItizens of the CIty, (4) to further the purposes and
objectIves of the CIty, and (5) to further the pubhc mterest and purpose of
proVIding additIonal parkmg open to the pubhc on an equal, first come, first serve
baSIS and eradlcatmg conditIons of deterioratIon, dIlapIdatIon, obsolescence and
bhght on Clearwater Beach
2.03 Ownership of Parking Garage Site. Pehcan Walk IS the owner of the Parkmg Garage
SIte
2.04 Cooperation of the Parties. The City and Pehcan Walk recogI1lze that the successful
development and operation of the Parkmg Garage IS dependent upon contmued
Pelican Walk Parking Garage Development Agreement
5 of 29
July 8,2003
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cooperation of the CIty and PelIcan Walk, and each agrees that It shall act III a reasonable
manner hereunder, provIde the other party Wlth complete and updated mformatlOn from
time to time, WIth respect to the conditions such party IS responsIble for sabsfymg
hereunder and make Its good faIth reasonable efforts to ensure that such cooperation IS
contmuous, the purposes of thts Agreement are carned out to the full extent contemplated
hereby and the Parkmg Garage is desIgned, constructed, completed and operated as
proVIded herem.
ARTICLE 3. REGULA TORY PROCESS.
3.01 Land Development Regulations
a Land Use Deslgnabon The Parkmg Garage SIte IS located wIthm the Tounst
Distnct as proVided In the City's Land Development RegulatlOns
b Amendments to Land Development Regulations. The City covenants and agrees
to cooperate With PelIcan Walk, to the extent permItted by law, m regard to any
text or map amendment to the CIty'S Land Development Regulabons or approval
under the City'S Land Development RegulatIons whIch may be necessary m order
for PelIcan Walk to develop the Parkmg Garage as descnbed 10 SectIon 2 02(a)
3.02 Development Approvals and Permits.
a ApphcatIons for Develonment Approval PelIcan Walk shall prepare and
submit to the appropnate govermnental authontIes, mcludmg the CIty,
applIcations for all necessary PermIts for the Parkmg Garage, and shall bear all
costs of prepanng such applIcatIOns, applYIng for and obtammg such permIts,
mcludmg payment of any and all applIcable applIcatIOn, InspectIon, regulatory
and Impact fees or charges, except as otherwIse provIded III thiS Agreement
b City CooperatIOn and ASSIstance The City shall cooperate Wlth PelIcan Walk
with regard to all necessary approvals and or pemllts requIred for the
constructIon, completion and openmg for busmess of the Parkmg Garage wlnch
may be reqUIred from an agency of government other than the CIty. If requested
by PelIcan Walk and authonzed by law, the CIty wIll Jom III any applIcation for
any permIt or approval, or, alternatlvely, recommend to and urge any
governmental authonty to which applIcatIon for any permIts has been made that
such permIt or approval to Issue or approve the requested penmt or approval
c CIty Authontv Preserved. The CIty'S dutles, oblIgations, or responslbIlItles under
any sectIon of thIS Agreement, speCIfically mcludmg, but not hmlted to, tlns
SectIon 302, shall not affect the CIty1s right, duty, oblIgatIOn, authonty and power
to act in Its governmental or regulatory capacIty m accordance WIth applIcable
Pelican Walk Parking Gsrage Development Agreement
6 of 29
July 8, 2003
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laws, ordmances, codes or other bUIldmg regulatIOns Notwlthstandmg any other
provision of this Agreement, any reqUIred penmttmg, licensmg or other
regulatory approvals by the CIty shall be subject to the establIshed procedures and
requIrements of the CIty With respect to revIew and penmttmg of a project of a
simIlar or comparable nature, size and scope. In no event shall the City, due to
any provIsion of thiS Agreement, be obligated to take any actIon concermng
regulatory approvals except through ItS establtshed processes and in accordance
wIth applicable provISIons of law
3.03 Not a Development Order or Permit. The City and Pehcan Walk hereby acknowledge,
agree and represent that thIS Agreement IS not mtended to be and should not be construed
or deemed to be a "development order" or development penmt" wlthm the meanmg of
those terms m SectIOn 163 3164, Flonda Statutes
ARTICLE 4. PLANS AND SPECIFICATIONS.
4.01 Plans and Specifications
a ResponSIbilIty for Preparation of Plans and SpeCIficatIons Pehcan Walk shall be
responsIble for preparing the SIte plan and schematIc, prehmmary, and final
constructlon plans for the proposed Parking Garage. Dunng the deSign process,
PelIcan Walk agrees that the City'S RepresentatIve shall have access to and a nght
to review and approve all phases of deSign and constructIOn processes.
b Character and QualIty. The City and Pehcan Walk agree that the proposed
Parkmg Garage shall be deSIgned, constructed, mamtamed and operated In a
manner consIstent With other first class or hIgh qualIty parkmg garages m the
Tampa Bay region such as Centro Ybor or Channelslde garages The City and
PelIcan Walk further agree that the Parkmg Garage will be deSIgned and
constructed In a manner which Will ensure that the Parkmg Garage has a pOSItive
Impact on the appearance and commulllty character of Clearwater Beach
c Beach by DeSIgn. The City and Pehcan Walk agree that the Parkmg Garage WIll
be deSigned m accordance WIth the reqUIrements of Beach by DeSIgn
d Useful Life The City and Pelican Walk agree that the Parkmg Garage WIll be
deSigned and constructed so as to have a useful hfe of not less than forty (40)
years
e ReVIew and Approval of Plans and SpeCificatIons by CIty Pelican Walk shall
submIt schematlc, prelIminary and final plans to the City's Representative for Its
reVIew and approval as a party to thiS Agreement The City'S Representatlve shall
complete Its review of any plans wmch are submitted under thiS subsectIOn withm
twenty (20) days or the particular plans which have been submltted shall be
Pelican Walk Parkmg Garage Development Agreement
7 of 29
July 8, 2003
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deemed approved as submitted Approval by the CIty'S Representative shall be
separate and apart and shall not hmlt III any way the City's regulatory and
permItting powers.
f Use of QualIfied ProfessIOnals PelIcan Walk shall retam qualIfied profeSSIOnals
to prepare the Plans and SpecIfications and shall cause such profeSSIOnals to
prepare the Plans and SpeCifications
ARTICLE 5. PELICAN WALK OBLIGATIONS.
5.01 Parking Garage Site Work. Pehcan Walk shall be responslble for all site tnvestIgahon,
5.02 Construction Budget for Parking Garage. Pelican Walk shall provIde the CIty With a
sworn statement of a general contractor lIcensed m the State of Flonda as to the
constructIon budget, mcludmg all costs and contIngencies. In the event that the
constructIOn budget is modIfied upwards or downwards by more than ten percent (10%),
PelIcan Walk shall subnnt a sworn statement of a general contractor as to the modlfied
budget.
5.03 Construction of the Project.
a. Commencement. PelIcan Walk shall commence construction of the ParkIng
Garage 10 accordance WIth the Plans and SpecIfications for the ParkIng Garage
wlthm twelve (12) months after the Effectlve Date and shall thereafter dIlIgently
pursue constructIon to complehon wItbtn tlurtY-SIX (36) months of the EffectIve
Date.
b Payment of Contractors and SuoolIers PelIcan Walk agrees to promptly pay, or
arrange to be paId, all moneys due and legally owmg to all persons or
organIzatIons domg any work or furnIshIng any matenals, fuel, machmery or
supplIes for the deSign and constructIon of the Parlang Garage.
c MaIntenance of Construction Site Dunng the constructIOn of the Parlang
Garage, PelIcan Walk shall, at Its own expense, keep the Parkmg Garage SIte 10
good and clean order and comution.
d. Maintenance of Parkmg for PelIcan Walk Shoppmg Center. Pnor to the
commencement of constructIon, PelIcan Walk shall prepare a "MaIntenance of
Off-Street Parlang Plan" wluch plan shall IdentIfY the off-street parkIng faCIlities
wluch wIll be used to proVlde adequate and reasonable off~street parlang to the
employees and mVltees of the tenants of the PelIcan Walk Shoppmg Center For
the purposes of tlus subsectIon, "off-street parlang facllIttes" means parkmg
spaces av&lable to the general publIc or avaIlable to Peltcan Walk by pnvate
agreement and valet servIces.
Pelican Walk Parking Garage Development Agreement
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July 8, 2003
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5.04 Construction Completion Security. A condItIon precedent to the payment of any
publIc momes 10 accordance WIth the terms and condItIons of thiS Agreement, PelIcan
Waik shall prOVIde the City WIth good and suffiCient secunty to guarantee the completion
of the Parking Garage. The security shall be In an amount equal to one hundred and
twenty-five percent (125%) the estimated cost of ,construction based on approved
construction plans The form of the surety shall be bond ISSUed by a busmess organization
subject to the regulatory authority of the State of Flonda, an uncondittonalletter of credIt
Issued by a Federally Insured financial Institution or other form of secunty acceptable to
the City Attorney
5.05 Operation of Parking Garage. PelIcan Walk agrees and covenants that It shall operate
the Parkmg Garage on the followmg terms and conditions:
a. ODeD to the PublIc The ParkIng Garage shall be available to the general pubhc,
Includmg the tenants and partners of the PelIcan Walk Shoppmg Center, on an
equal, first come, first served basIS. For the purposes of thIS Agreement, equal,
first come, first serve means that each and every parking space WIll aVailable for
use by the pubhc at all tunes when the Parkmg Garage IS open, and that at least
three hundred parking spaces shall be unrestncted (no reserved parkmg) wlthm
the Parking Garage for a penod of not less than thIrty (30) years after the issuance
of a final certIficate of occupancy for the Parkmg Garage
b. Hours of Operation, The Parkmg Garage shall be open for publIc parkmg between
the hours of 10'00 a m. and 9,00 p.m. dally except Fndays, Saturdays, and legal
hohdays recognized by the City of Clearwater, on which days the garage shall
remain open unhllO'OO pm
c. ParkIng Rates. Parking rates charged the general publIc for the use of parking
spaces 10 the Parkmg Garage shall be consIstent WIth the parlang rates charged,
from time to time, for parkmg spaces In parkmg garages located m other resort
locatlons In Flonda; proVIded however, that parlang rates for use of parkmg
spaces 10 the ParkIng Garage shall not exceed one hundred and fifty percent
(150%) of the average parkIng rate charged by the Clty for off-street parlang on
Clearwater Beach or three dollars and seventy-five cents ($3 75) per hour,
whIchever IS greater
5.06 Parking Easement. Pehcan Walk shall grant a parkmg easement ID the Parkmg Garage
SIte and the Parlang Garage on the terms and conditIons set out m thIS Agreement
1Oclud1Og the term of thIrty (30) years 10 seetlon 13.13 of tlus Agreement whIch shall
specIfically apply to sald parlang easement The reqUIred easement shall be substantially
m the form of ExhtbIt B to be attached to thIs Agreement and shall be delivered to the
City pnor to payment of any part of the grant-ID-ald prOVIded for In the Agreement
Pehcan Walk understands and agrees that such easement WIll be recorded by the City
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ARTICLE 6. CITY OBLIGATIONS.
6.01 Financial Grant in Aid, The City agrees to make a grant In aid to PelIcan Walk In
support of the desIgn and construction of the Park10g Garage In the amount of one'
millIOn and four hundred thousand dollars ($1,400,000.00) The grant In aid wlll be paId
to PelIcan Walk as prOVIded for 10 subsection 6.07 of this Agreement. As conditIOn
precedent to any payments of the grant aid, PelIcan Walk shall prOVIde the CIty WIth a
sworn statement specifically descnbmg the costs Incurred for which reimbursement IS
elIglble together Wlth a sworn statement of the percentage (%) completed for the Park10g
Garage
6.02 Payment of the Grant in Aid. The Clty agrees to pay the grant m aid to PelIcan Walk, In
accordance WIth the followmg
a. Upon completion of the constructlon plans for the Parking Garage and the
issuance of a bUlldmg penmt by the City, the CIty shall reImburse PelIcan Walk
for the actual cost of prepanng the schematic, prehmInary, and final construction
plans in an amount not to exceed fifteen percent (15%) of the total proJ ect budget
b Upon completion of tlnrty three percent (33%) of the constructIOn of the Parkmg
Garage, the CIty shall pay Pehcan Walk one thml (1I3rd) of the remaIfilng Wlpmd
grant m aid (grant in aid less reimbursement payment for the cost of preparing the
schematic, prelIminary, and final construction plans)
c Upon completion of SIXty-SIX percent (66%) of the constructIon of the Parkmg
Garage, the City shall pay Pelican Walk for one tlnrd (11300) of the remammg
unpaid grant m aid (grant 10 aid less reimbursement payment for the cost of
prepanng the schematIc, prelllmnary, and final construction plans).
d Upon Issuance ofa final certificate of occupancy, the City shall pay Pehcan Walk
the balance of the remammg unpmd grant in 3ld (grant m md less reimbursement
payment for the cost of prepanng the schematic, prehmmary, and final
constructIOn plans).
6.03 Enforcement of Municipal Parking Regulations The City agrees to take all reasonable
and necessary steps to enforce each and every eXlstmg murnclpal regulation wlthm one
thousand (1,000) feet of the closest part of the Parkmg Garage SIte
6.04 Construction of Additional Off-Street Parking Spaces in the Immediate Vicinity.
The CIty understands and agrees that as a party to tins Agreement, Pehcan Walk assumes
certalll financial nslcs wmch may be adversely affected by the constructIon of addltlOnal
off-street parkmg spaces III the immediate VIClmty of the Parkmg Garage SIte In
consIderatton thereof, the CIty agrees that m the event the CIty determllles, wlthm five (5)
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years after the Issuance of a final certificate of occupancy for the Parkmg Garage, that
addIuonal off-street City owned or financially supported parlang spaces open to the
public located wrtllln one thousand (1,000) feet of any portion of the Parkmg Garage SIte
are necessary and appropnate, the CIty agrees the CIty wIll proVide Pehcan Walk WIth
wntten notice of Its detemunatlOll, and that In that event.
a. Pehcan Walk shall have a first nght to construct an additional two hundred (200)
off-street parkmg spaces to meet the need for additional off-street parkmg spaces
which the City has detenmned are necessary and appropnate, proVIded that such
addItIonal off-street parkmg spaces are open to the publIc on an equal, first come,
first served basiS subject to the terms of thIS Agreement as proVIded In sectIon
13.13.
b. In the event that Pehcan Walk opts to exercise Its first nght to construct at least
two hundred (200) additIonal off.street parlang spaces, PelIcan Walk shall gIVe
the City wntten nouce of Its intent wlthm thirty (30) days after receIpt of the
City's wntten notice of the CIty'S determmation that addlttonal spaces are
necessary and appropriate,
c In the event that Pehcan Walk gIves the CIty notIce of Its mtent to construct at
least two hundred (200) additIOnal off-street parkmg spaces, Pehcan Walk shall
commence construCTIon of the additIonal spaces WIthIn SIX (6) months of the date
of Pelican Walk's written notIce
d. In the event that Pehcan Walk gives the City notice of Its mtent to construct at
least two hundred (200) addItIonal off-street pariang spaces, Pehcan Walk shall
be solely responsIble for the cost of constructlOn of the addITIonal parlang spaces
e In the event that Pehcan Walk exerCIses ItS first right to construct at least two
hundred (200) additional off-street parking spaces, the CIty agrees that the CIty
WIll not use or cause to be used, pubhc funds for the constructIOn of any
additional off-street parkmg spaces wIthIn one thousand (1,000) feet of any
portIOn of the Parking Garage SIte for a penod of five (5) years from the date of
CertIficate of Occupancy of the additIonal spaces or untIl PelIcan Walk shall have
achieved a Stabihzed Occupancy for the total number of off-street parkmg spaces
in the expanded Parlang Garage, so long as the additIonal parkmg spaces are open
to the public on an equal first come, first served basIS For the purposes of thlS
subsectlOn, StabIlIzed Occupancy shall mean that SIxty-five percent (65%) of the
total number ofparkmg spaces In the Parkmg Garage (after the constructIon of the
addITIonal parkmg spaces) are OCCUpIed on an average of four (4) hours of per
day, three hundred and sixty five (365) days per year
OSTAB =
K =
StabIbzed Occupancy
Number ofParlang Spaces
Pelican Walk Parlung Garage Development Agreement
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OAVG = Average Percent ofParlang Spaces OCCUpIed (65%)
HAVG = Average Number of Hours OccupIed per Day (4)
OSTAB =(OAVG)(HAVG)(K)(DA YS)
GSTAB =( 65)(4)(K)(365)
f PelIcan Walk wIll conduct and submIt to the City sworn affidaVIts of annual audIts
of occupancy mcludmg all spaces OCCUpied whether by pay parkmg or by
valIdatIon based on an mltIal date of CertIficate of Occupancy of either the first or
second phase of construction untIl stabilized occupancy IS achieved or the
applIcable timeframe has expired
g In the event that PelIcan Walk opts not to exerCIse Its first ngbt to construct at least
two hundred (200) additIonal off-street parkmg spaces, the City shall be free to
construct addItional off-street parlang spaces WIthm one thousand (1,000) feet of
any portion of the Parkmg Garage Site Without regard to the level of occupancy
achieved by PelIcan Walk.
h. NotwIthstandmg any other proVISIOn of thiS Agreement, mcludmg the prOVIsIons
of thiS subsectIon 6.04, the City and PelIcan Walk understand and agree that the
CIty shall retain the ngbt to construct or fund additlonal off-street parkmg spaces
WIthin one thousand (1,000) feet of any portIOn of the Parkmg Garage Site, If the
CIty detennmes that such off-street parkmg IS a necessary element of a proposed
DestmatlOn Resort development undertaken m accordance WIth the proVISIons of
Beach by Deslgn
ARTICLE 7. INDEMNIFICATION OF THE CITY BY PELICAN WALK.
7.01 Indemnification
a. PelIcan Walk agrees to mdemmfy, defend and hold harmless, the CIty, Its
respective agents, officers, or employees from any and all lIabilItIes, damages,
penalties, Judgments, claIms, demands, costs, losses, expenses or attorneys' fees
through appellate proceedIngs, for personal Injury, bodIly mjury, death or property
damage ansmg out of, or by reason of any act or omiSSIOn of PelIcan Walk, ItS
agents, employees or contractors ansmg out of, In connectIOn WIth or by reason of,
the performance of any and all SerVlces covered by this Agreement, or which are
alleged to have ansen out of, m connectIon WIth or by reason of, the performance
of any and all SetVlces covered by thIS Agreement, or whIch are alleged to have
ansen out of, 10 connectIon WIth, or by reason of, the performance of such
SeTV1ceS
"
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b Pehcan Walk shall 1OdemmfY, defend and hold hannless the CIty, Its officers and
employees from any and all lIabIlitIes, damages, costs, penalties, Judgments,
claims, demands, losses, or expenses (mcludmg, but not lImIted to, actual
attorneys' fees and engmeenng fees) ansmg from or attnbutable to any breach by
PelIcan Walk of any dutIes, responsibilIties, obhgatIons or covenants conta1Oed m
thiS Agreement.
c. PelIcan Walk's 10demruty oblIgations under subseCTIons (a) and (b) of thIS Article
shall end and be of no future force and effect after the Construchon CompletIOn
Date.
ARTICLE 8. REPRESENTATIONS, WARRANTIES AND COVENANTS OF PELICAN
WALK.
8.01 Representations and Warranties PelIcan Walk represents and warrants to the CIty that
each of the follOWIng statements is currently true and accurate and agrees that the CIty
may reI y upon each of the followmg statements:
a PelIcan Walk IS a Flonda corporation duly orgamzed and valIdly eXlstmg under the
laws of the State of Flonda, has all requlSlte power and authonty to carry on Its
busmess as now conducted, to own or hold ItS properties and to enter 1Oto and
perform its obliganons hereunder and under each document or mstrument
contemplated by this Agreement to whIch It is or wIll be a party, IS qualified to do
business in the State of Flonda, and has consented to Serv1ce of process upon a
deSignated agent for servIce of process m the State of Flonda
b TIns Agreement has been duly authonzed by all necessary actIon on the part of,
and has been or Will be duly executed and delivered by, Pelican Walk, and neither
the executIOn and dehvery thereof, nor complIance With the tenns and proVISIons
thereof or hereof: (1) requires the approval and consent of any other party, except
such as have been duly obtained or as are specifically noted herem, (u)
contravenes any eXlstmg law, Judgment, governmental rule, regulatIOn or order
apphcable to or b10dmg on Pelican Walk, (111) contravenes or results 10 any breach
of, default under or, other than as contemplated by thts Agreement, results m the
creation of any hen or encumbrance upon any property of Pehcan Walk under any
mdenture, mortgage, deed of trust, bank loan or credIt agreement, PelIcan Walk's
ArtIcles of Incorporation, or, any other agreement or mstrument to whIch PelIcan
Walk IS a party or by wluch Pehcan Walk may be bound.
c. ThIs Agreement and any document contemplated or reqUIred by tins Agreement to
wmch PelIcan Walk IS or wlll be a party constitutes, or when entered Into Will
constitute, a legal, valId and bmdmg oblIgatIOn of Peltcan Walk enforceable
Pelican Walk Parking Gange Development Agreement
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agamst PelIcan Walk in accordance WIth the tenns thereof, except as such
enforceabIlIty may be lImited by applicable bankruptcy, Insolvency or sImtlar laws
from tune to hme In effect wluch affect cre(htors' nghts generally and subject to
usual eqUItable pnnCtples In the event that eqUItable remedIes are Involved
d There are no pendIng or, to the knowledge of Pelican Walk, threatened actIons or
proceedmgs before any court or admlmstratIve agency against Pehcan Walk, or
agamst any controlling shareholder, officer, employee or agent of PelIcan Walk,
whtch could affect the valIdIty of thts Agreement or any document contemplated
hereunder, or wluch are lIkely In any case, or m the aggregate, to matenally
adversely affect the consummatIon of the dunes and oblIgatIons contemplated III
thts Agreement or the finanCial condItton ofPehcan Walk
e. Pelican Walk has filed or caused to be filed all federal, state, local and foreign tax
returns, If any, which were requIred to be filed by Peltcan Walk, and has paId, or
caused to be paId, all taxes shown to be due and payable on such returns or on any
assessments levted agamst Pelican Walk.
f The pnnclpal place ofbusrness and pnnclpal executIVe offices ofPehcan Walk IS
Clearwater, Florida, and Pelican Walk agrees to maIntaIn records concernmg the
Parking Garage (such as constructIOn contracts, finanCIng documents and
corporate documents) and all contracts, licenses and sunllar nghts relatmg thereto
at an office In Ptnellas County.
g PelIcan Walk has the finanCIal capabilIty to carry out Its oblIgatIons and
responsibIlItIes in connecnon With the development of the parkmg Garage as
contemplated by thIS Agreement
h Pelican Walk has the expenence, expertIse, and capabIlity to develop, cause the
constructIOn, and complete the Project and, oversee and manage the deSIgn,
planmng, constructIOn, completIon and opemng for busmess of the Parkmg
Garage
8.02 Covenants. PelIcan Walk covenants With the CIty that untIl the ConstructIOn CompletIon
Date:
a, PelIcan Walk shall tImely perform or cause to be performed all of the obhgahons
contamed heretn whIch are the responsIbIlIty ofPehcan Walk to perform
b Dunng each year that thts Agreement and the oblIgatIOns of PelIcan Walk under
tlus Agreement shall be m effect, PelIcan Walk shall cause to be executed and to
contmue to be in effect those mstruments, documents, certificates, permIts,
Pelican Walk Parking Garage Development Agreement
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lIcenses and approvals and shall cause to occur those events contemplated by thIS
Agreement that are applIcable to, and that are the responsIbIhty of, Pehcan Walk.
c PelIcan Walk shall assist and cooperate WIth the City to accomplIsh the
development, operation, and mamtenance of the Parkmg Garage by PelIcan Walk
m accordance With the Plan and SpectficatlOns, and tins Agreement, and will not
VIolate any laws, ordmances, rules, regulations, orders, contracts or agreements
that are or will be applIcable thereto.
d Subsequent to the Effective Date, PelIcan Walk shall mamtam ItS financial
capabIlIty to develop, construct, complete, operate and mamtam the Parkmg
Garage and shall promptly notify the City of any event, condItion, occurrence, or
change m Its financial condrtIon WhICh adversely affects, or with the passage of
tIme is lIkely to adversely affect, PelIcan Walk's financial capabIlIty to
successfully and completely construct, complete, operate and mamtam the Parkmg
Garage as contemplated hereby.
e. Pelican Walk shall promptly cause to be filed when due all federal, state, local and
foreign tax returns required to be filed by it, and shall promptly pay when due any
tax reqUITed thereby.
f. PelIcan Walk shall maintain Its eXistence, wIll not dIssolve or substantially
dIssolve all of Its assets and wIll not consolIdate with or merge mto another
corporation, hmlted partnership, or other entIty or permIt one or more other
corporatIons or other entity to consolIdate With or merge mto It WithOut the prior
approval of the City unless PelIcan Walk retains a controllIng mterest III the
consolidated or merged corporatIOn, and wIll promptly notIfy the CIty of any
changes to the eXistence or form of the corporatIOn or any change 10 the
controllmg shareholders, officers or dlfectors of PelIcan Walk.
g PelIcan Walk shall not sell, lease, transfer or otherwise dIspose of all or
substantially all Its assets WIthout adequate conSIderation and Will otherwIse take
no action whIch shall have the effect, smgularly or In the aggregate, of rendenng
PelIcan Walk unable to continue to observe and perform the covenants,
agreements, and condItIons hereof and the performance of all other oblIgations
requIred by tins Agreement.
h PelIcan Walk shall design, construct and complete the Parkmg Garage such that It
IS substantIally complete as proVided 10 thiS Agreement no later than the Project
Completion Date
Pelican Walk Parking Garage Development Agreement
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I. In the event that Pelican Walk shall convey any mterest m the Parlang Garage SIte,
Pelican Walk shall obtain a wntten affidaVIt of acknowledgment of the oblIgattons
of the Agreement and promIse a copy of the affidaVIt to the CIty.
ARTICLE 9. REPRESENTATIONS, WARRANTIES AND COVENANTS OF THE CITY.
9.01 Representations and Warranties. The CIty represents and warrants to the Developer
that each of the followmg statements IS currently true and accurate and agrees that the
Developer may rely on each of the followmg statements'
a The CIty IS a valIdly eXIstmg body corporate and polItiC of the State of Flonda,
has all reqUISIte corporate power and authonty to carry on ItS busmess as now
conducted and to perform its obhgab.ons hereunder and under each document or
mstrument contemplated by thIS Agreement to whICh It IS or wIll be a party
b TIns Agreement and each document contemplated or reqUIred by thIS Agreement
to which the CIty IS or WIll be a party have been duly authonzed by all necessary
achon on the part of, and have been or Will be duly executed and dehvered by, the
CIty, and netther the execution and delIvery thereof, nor comphance With the terms
and prOVISIons thereof or hereof (I) reqUIres the approval and consent of any other
party, except such as have been duly obtamed or as are speCIfically noted herem,
(11) contravenes any eXlstmg law, judgment, governmental rule, regulatIon or order
apphcable to or bmdmg on the City, (lll) contravenes or results In any breach of, or
default under or, other than as contemplated by thIS Agreement, results m the
creahon of any hen or encumbrance upon any property of the CIty under any
indenture, mortgage, deed of trust, bank loan or credIt agreement, apphcable
ordmances, resolutiOns or, on the date of thIS Agreement, any other agreement or
mstrument to winch the City IS a party, specIfically mcludmg any covenants of any
bonds, notes, or other forms of indebtedness of the CIty outstandmg on the
Effective Date.
c. TIus Agreement and, to the extent such documents presently eXIst m a form
accepted by the CIty and Pehcan Walk, each document contemplated or reqUIred
by thts Agreement to which the CIty IS or will be a party constItute, or when
entered mto will constItute, legal, valId and bInding oblIgatIOns of the CIty
enforceable agamst the City m accordance WIth the terms thereof, except as such
enforceabIlIty may be ltmlted by publIc polIcy or applIcable bankruptcy,
msolvency or SImIlar laws from tIme to tIme III effect whIch affect credItOrs' nghts
generally and subject to usual eqUitable pnnclples 10 the event that eqUItable
remedIes are mvolved
Pelican Walk Parking Garage Development Agreement
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9.02 Covenants, The CIty covenants WIth Pehcan Walk-
a The CIty shall timely perfonn, or cause to be performed all of the oblIgations
contained herem which are the responslbIhty of the City to perform.
b During each year that thiS Agreement and the obhgatIOns of the City under thIS
Agreement shall be m effect, the CIty shall cause to be executed and to contmue to
be in effect those Instruments, documents, certrficates, permits, lIcenses and
approvals, and shall cause to occur those events contemplated by thIS Agreement
that are apphcable to and are the responsIbIlIty of the CIty,
c The City shall asSist and cooperate WIth PelIcan Walk to accomphsh the
development of the Parking Garage 10 accordance WIth thIS Agreement and the
Plans and SpecIfications, wIll carry out Its duties and responSibIlIties contemplated
by thiS Agreement, and Will not VIolate any laws, ordmances, rules, regulations,
orders, contracts, or agreements that are or will be apphcable thereto, and, to the
extent penmtted by law, the CIty wIll not enact or adopt or urge or encourage the
adoptlon of any ordmances resoluttons, rules regulatiOns or orders or approve or
enter mto any contracts or agreements, mcludmg Issumg any bonds, notes, or other
forms of mdebtedness, that will result in any proVISIon of tins Agreement to be m
VIOlation thereof.
ARTICLE 10 DEFAUL T.
10.01 Failure of Pelican Walk to Commence Construction of the Parking Garage. In the
event that Pelican Walk shall fad to commence construction of the Parkmg Garage wIthm
twelve (12) months after the Effective Date of tlus Agreement, the CIty shall have the
right to give Pelican Walk wntten notIce that tlus Agreement has terrmnated and shall be
of no further force and effect. In the event that the CIty shall have reImbursed Pehcan
Walk for the preparation of schematic, preluninary and final construction plans for the
proposed Parkmg Garage, at the City'S optIOn: 1) PelIcan Walk shall repay the City all
Money prod to PelIcan Walk; or 2) all desIgn.s, drawmgs and other documents and the
mtellectual property they constltute shall become the property of the CIty.
10.02 Failure of Pelican Walk to Complete Construction oftbe Parking Garage.
a In the event that Pehcan Walk shall commence construction of the Parkmg Garage
and thereafter cease work on the constructIOn of the Parkmg Garage pnor to
Issuance of a final certIficate of occupancy, such CIrcumstances shall constltute an
event of default, and the City, may give Pehcan Walk wntten notIce of the City'S
mtent to declare Pehcan Walk to be III default and the CIty'S mtent to cure the
default
Pelican Walk Parking Garage Development Agreement
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b. In the event the CIty gIves Pelican Walk wntten notIce of default and mtent to
cure, Pehcan Walk shall have SIXty (60) days m which to cure the default and re-
conunence construction of the Parking Garage. In the event that PelIcan Walk shall
fad to cure the default by re-conunencmg construction, the CIty shall have the
nght to draw upon the constructIon completIOn seeunty and to cause the
constructIOn of the Parking Garage to be completed.
c In addItion to the nght of cure estabhshed In subsectIon b of tins sectIon, In the
event that the construction completIOn secunty IS msufficlent to complete
constructIOn of the parkmg garage, the CIty shall have the nght to cause the garage
to be completed and to place a lIen on the Parkmg Garage SIte equal to the
addItIonal cost of completIng construction In such event, the City shall be entItled
to operate the parlang garage for the benefit of Pehcan Walk and the City until
such time as the addItional cost to complete IS repaId
10.03 Failure of Pelican Walk to Operate the Parking Garage in Accordance with the
Requirements of the Agreement. In the event that PelIcan Walk should faIl to comply
WIth any reqUIrement of tins Agreement With regard to the operatIOn and mamtenance of
the Parking Garage, then the CIty shall have a nght of specIfic performances and shall be
entitled to actual damages. In the event of such htigatIon, the prevallmg party shall be
entltled to recover Its costs and attorneys' fees from the other party.
10.04 Failure of City to Enforce Municipal Parking Regulations In the event that the City
should fall to enforce muniCIpal parking regulatlons as provided for In sectIon 6 03 of t1us
Agreement, Pelican Walk may, after gIvmg the City wntten notice of such fallure and the
City thereafter fads to cure such faIlure wlthm fifteen (15) days of receipt of such notice,
seek judIcial enforcement of Its rights under sectlon 6 03 of thIS Agreement In the event
that the Pelican Walk shall prevaIl In a JUdiCIal proceedIng to enforce the prOVISIOns of
sectIOn 603 of tins Agreement, the CIty shall reImburse PelIcan Walk for Its attorneys'
fees and cost Incumng In enforCIng Pehcan Walk's nghts pursuant to thIS Agreement
10.05 Obligations, Rights and Remedies Cumulative Unless specrfically stated herem to the
contrary, I the specified nghts and remedIes to which the City IS entitled under this
Agreement are not exclusive and are Intended to be In addItIon to any other remedies or
means of redress to which the City may lawfully be entltled and are not speCifically
prohibited by thiS Agreement.
10.06 Non-Action on Failure to Observe Provisions of this Agreement. The faIlure of the
City or PelIcan Walk to promptly or contmually mSIst upon stIlct performance of any
term, covenant, condItion or proVISIOn of thIS Agreement, or any ExhIbIt hereto, or any
other agreement, Instrument or document of whatever form or nature contemplated hereby
shall not be deemed a waiver of any nght or remedy that the City or Pehcan Walk may
Pelican Walk Parking Garage Development Agreement
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have, and shall not be deemed a waiver of a subsequent default or nonperformance of such
tenn, covenant, condItion or proVISIon.
ARTICLE 11
UNAVOIDABLE DELAY.
11.01 Unavoidable Delay,
a Any delay In performance of or inabIlIty to perform any oblIgatIOn under thiS
Agreement (other than an oblIgation to pay money) due to any event or condItIon
descnbed in paragraph (b) as an event of "UnaVOidable Delay" shall be excused m
the manner proVIded m thIS SectIon 11.01
b. "UnavOIdable Delay" means any of the followmg events or condItIons not
currently eXIstmg at the effective date of tins Agreement or any combmatlOll
thereof: acts of God, acts of the publIc enemy, not, InsurrectIon, war, pestIlence,
archaeologIcal excavations requued by law, unavailabIlIty of matenals after trmely
ordenng of same, epidemICS, quarantme restnctlons, freight embargoes, fire,
lIghtrnng, hum canes, earthquakes, tornadoes, floods, extremely abnormal and
exceSSively inclement weather (as IndIcated by the records of the local weather
bureau for a five year period precedmg the EffectIve Date), stnkes or labor
dIsturbances, delays due to proceedings under Chapters 73 and 74, Florida
Statutes, restoratIon in connection WIth any of the foregOIng or any other cause
beyond the reasonable control of the party performmg the obligatIOn In question,
mcluding, WIthout 11lmtatIon, such causes as may anse from the act of the other
party to this Agreement, or acts of any govenunental authonty (except that acts of
the City shall not constItute an UnaVOIdable Delay WIth respect to performance by
the City)
c. An applIcatlOn by any party hereto (referred to In this paragraph (c) and In
paragraph (d) as the "ApplIcant") for an extenSIOn of time pursuant to thiS
subsection must be In wotmg, must set forth 10 detail the reasons and causes of
delay, and must be filed WIth the other party to thts Agreement wIthm seven (7)
days follOWIng the occurrence of the event or condItion causmg the UnaVOIdable
Delay or seven (7) days follOWIng the ApplIcant becommg aware (or WIth the
exercise of reasonable dIligence should have become aware) of such occurrence
d. The ApplIcant shall be entItled to an extenSIOn of tIme for an UnaVOidable Delay
only for the number of days of delay due solely to the occurrence of the event or
condItion caus10g such UnaVOIdable Delay and only to the extent that any such
OCC\llTence actually delays that party from proceedtng With ItS nghts, dutles and
oblIgatIOns under tins Agreement affected by such occurrence.
Pelican Walk Parking Garage Development Agreement
19 of 29
July 8,2003
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ARTICLE 12
FIRE OR OTHER CASUALTY; CONDEMNATION.
12.01 Loss or Damage to Parking Garage.
a For a penod of thtrty (30) years after the Issuance of a final certificate of
occupancy by the CIty for the Parkmg Garage, and wtthout regard to the extent or
avallability of any insurance proceeds, PelIcan Walk covenants and agrees to
dihgently commence and complete the reconstructlon or repaIr of any loss or
damage caused by fire or other casualty to each and every part of the Parlong
Garage to substantially the same SiZe, floor area, cubIC content and general
appearance as eXisted pnor to the occurrence of such loss or damage, promptly
after the City approves the Plans and Spectficatlons for such reconstruction or
repwrs.
b. The CIty shall review the Plans and SpecIfications for such reconstruct100 or
reparrs as soon as possIble after filIng thereof by PelIcan Walk The City agrees to
approve the Plans and Speclficattons for such reconstructIon or repwrs If the
reconstruction or repaIrs contemplated by such Plans and SpeclficatlOns wIll
restore the Parlang Garage, or the damaged portion thereof, to substanttally the
same condition as eXisted pnor to the occurrence of such loss or damage and If
such Plans and SpecIfications conform to the applicable laws, ordmances, codes,
and regulatIons m effect at the tIme of filIng with the City of the Plans and
SpecIfications for such reconstructIon or repaIrs.
c. If PelIcan Walk fwls to repaIr or restore any sIgmficantly damaged portIon of the
Project, the CIty may, at Its electlon and after thIrty (30) days notIce to PelIcan
Walk, bnng an act:lOn In a court of competent junsdlctlon to compel PelIcan Walk
to rep31r or restore such damage, In the event of such lIttgatlon, the preVaIllOg
party shall be entitled to recover Its costs and attorneys' fees from the other party
12.02 Project Insurance Proceeds.
a Whenever the Parlong Garage or any part thereof, shall have been damaged or
destroyed, PelIcan Walk shall promptly make proof of loss and shall proceed
promptly to collect, or cause to be collected, all valId claIms wmch may have
ansen agalOst Insurers or others based upon such damage or destruction,
b PelIcan Walk agrees that all proceeds of property or casualty tnsurance receIved by
PelIcan Walk as a result of such loss or damage shall be aVaIlable and shall be used
for payment of the costs of the reconstructlon or repau of the Parkmg Garage to
the extent necessary to repwr or reconstruct the Parkmg Garage.
Pelican Walk Parking Garage Development Agreement
20 of 29
July 8, 2003
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12.03 Notice of Loss or Damage to Parking Garage. PelIcan Walk shall promptly gIVe the
CIty wntten notIce of any slgruficant damage or destructIon to the Parkmg Garage statmg
the date on whIch such damage or destIUct10n occurred, the expectatIons of Parkmg
Garage as to the effect of such damage or destructIon on the use of the Parkmg Garage and
the proposed schedule, if any, for repair or reconstructIon of the P arkmg Garage
ARTICLE 13
MISCELLANEOUS
13.01 Assignments by Pelican Walk
a Pnor to the Commencement Date. Pehcan Walk may sell, convey, assIgn or
otherwIse dtspose of any or all of Its nght, title, Interest and obhgatIOns In and to
the ParkIng Garage SIte and the Parking Garage, or any part thereof, only WIth the
prior wntten consent of the City, such consent shall not be unreasonably WIthheld
provided that such party (hereInafter referred to as the "asslgneetl), to the extent of
the sale. conveyance. assIgnment or other dISposItIon by PelIcan Walk the
Developer to the asSIgnee, shall be bound by the terms of thiS Agreement the same
extent as PelIcan Walk
b If the assignee of PelIcan Walk's right, tItle, mterest and obligatIons m and to the
Parkmg Garage assumes all of PelIcan Walk's oblIgations hereunder for the
Parkmg Garage. then Pehcan Walk shall be released from all such obligations
hereunder which have been so assumed by the asSIgnee, and the CIty agrees to
execute an mstrument eVIdencmg such release, which shall be m recordable fonn
c An assignment of the Parking Garage, or any part thereof, by Pehcan Walk to any
corporation. lllruted partnershIp. general partnershIp, or Jomt venture, In which
Pehcan Walk IS the or a general parmer Of has eIther the controllIng mterest or
through a Joint venture or other arrangement shares equal management nghts WIth
a finanCial mstItutlOD and maintams such controllIng mterest or equal management
nghts shall not be deemed an assignment or transfer subject to any restnctIon on or
approvals of asSIgnments or transfers Imposed by this Section 13,01, prOVided,
however, that notIce of such asSIgnment shall be gtven by Pehcan Walk to the City
not less than thtrty (30) days pnor to such asSIgnment beIng effective and the
asSIgnee shall be bound by the tenns of this Agreement to the same extent as
would PelIcan Walk III the absence of such aSSIgnment.
13.02 Successors and Assigns The tenns and obhgatiOns herem contamed shall bInd and mure
to the benefit of the CIty and PelIcan Walk and Its successors and asSignS, mc1udmg any
lessee of the ParklOg Garage In the event that Pehcan Walk enters mto a lease of the
Parkmg Garage or sells the Parkmg Garage and real property, the obhgatIons of thIS
Agreement shall be enforceable agamst PelIcan Walk and Its lessee or successor until the
Pelican Walk Parking Garage Development Agreement
21 of 29
July 8, 2003
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ConstruCTIon Completion Date, at whIch time PelIcan Walk shall be released from any
further obligations dunng the term of such lease, so long as PelIcan Walk has no
oblIgations or nghts to operate the Parkmg Garage
13.03. Notices
a. All nottces, demands, requests for approvals or other commurucatIons gIven by
eIther party to another shall be m wntmg, and shall be sent by regIstered or
certIfied mall, postage prep3.1d, return receIpt requested or by couner servJ.ce, or by
hand delIvery to the office for each party mdlcated below and addressed as
follows.
To Pelican Walk:
Nickolas C. EkonomIdes
NIckolas C. EkonomIdes, P.A
791 Bayway Boulevard
Clearwater, FL 33767
To the City:
Pamela AkIn, City Attorney
CIty of Clearwater
P O. Box 4748
Clearwater, FL 33758-4748
b. Nottces gIven by couner service or by hand delIvery shall be effectIve upon
dehvery and notlces gIVen by mad shall be effectIve on the thud (3rd) busmess day
after matlmg. Refusal by any person to accept dehvery of any notIce delIvered to
the office at the address mdlcated above (or as It may be changed) shall be deemed
to have been an effective dehvery as proVIded In tJu.s SectIOn 13 03 The addresses
to which notIces are to be sent may be changed from tIme to tIme by wntten notIce
dehvered to the other parties and such notIces shall be effectIve upon receipt.
Until notice of change of address is receIved as to any partIcular party hereto, all
other partIes may rely upon the last address given
13.04. Applicable Law and Construction The laws of the State of Flonda shall govern the
validIty, performance and enforcement of thiS Agreement. ThIs Agreement has been
negottated by the City and PelIcan Walk, and the Agreement, mcludmg, WIthout InrutatlOn,
the ExhIbIts, shall not be deemed to have been prepared by the City or Pehcan Walk, but by
all equally
13.05. Venue; Submission to Jurisdiction
a For purposes of any SUIt, action, or other proceedmg ansmg out of or relatmg to
tJu.s Agreement, the parties hereto do acknowledge, consent, and agree that venue
thereof IS Pmellas County, Flonda
Pelican Walk Parking Garage Development Agreement
22 of 29
July 8, 2003
)
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b, Each party to tlus Agreement hereby submits to the JUOsdlctIon of the State of
Flonda, Pmellas County and the courts thereof and to the jUOSdlctIon of the Untted
States DIStrIct Court for the Middle Dlstnct of Flonda, for the purposes of any SUlt,
action, or other proceedmg arismg out of or relatmg to tlus Agreement and hereby
agrees not to assert by way of a motion as a defense or otherwise that such actIOn
IS brought in an lOconveOlent forum or that the venue of such action IS Improper or
that the subject matter thereof may not be enforced 10 or by such courts.
c. If at any time dunng the term of this Agreement, Pehcan Walk IS not a resIdent of
the State of Flonda or has no office, employee, or general partner thereof avmlable
for ServIce of process as a reSIdent of the State of Flonda, or If any pernutted
assignee thereof shall be a foreign corporation, partnerslup or other entity or shall
have no officer, employee, agent, or general partner avmlable for servIce of
process m the State of Flonda, Pelican Walk hereby deSIgnates the Secretary of
State, State of Flonda, its agent for the servJ.ce of process In any court action
between It and the City, or both, ansmg out of or relatIng to thIS Agreement and
such Servlce shall be made as proVIded by the laws of the State of Flonda for
service upon a non-resIdent; prOVIded, however, that at the time of servIce on the
Flonda Secretary of State, a copy of such semce shall be dehvered to PelIcan
Walk at the address for nonces as proVided m 13.03
13.06. Complete Agreement; Amendments,
a. TIus Agreement:. and all the terms and proVISIOns contamed herem, includmg
WIthout lImitatIOn the ExhibIts hereto, constitute the full and complete agreement
between the parties hereto to the date hereof, and supersedes and controls over any
and all pnor agreements, understandmgs, representatIOns, correspondence and
statements, whether wntten or oral.
b Any proVision of tlus Agreement shall be read and apphed m para matena WIth all
other proVISIOns hereof
c. TIns Agreement cannot be changed or reVIsed except by written amendment SIgned
by all parties hereto
13.07. Captions. The article and sectIOn headmgs and captIOns of thlS Agreement and the table
of contents precedmg thIS Agreement are for convemence and reference only and 10 no
way define, lrmit, descnbe the scope or mtent of tlus Agreement or any part thereof, or m
any way affect this Agreement or construe any artIcle, sectIOn, sub secn on, paragraph or
proVlslon hereof,
Pelican Walk Parking Garage Development Agreement
23 of 29
July 8,2003
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13.08. Holidays. It IS hereby agreed and declared that whenever a notice or performance under
the terms of thIS Agreement IS to be made or gIven or any tIme penod ends on a Saturday
or Sunday or on a legal hohday observed 10 the City, It shall be postponed to the next
follow1Og bus10ess day
13.09. Exhibits. Each Exhibit referred to and attached to thts Agreement IS an essenttal part of
tIus Agreement. The ExlubIts and any amendments or reVISIOns thereto, even If not
phYSIcally attached hereto shall be treated as If they are part oftlns Agreement.
13.10. Not an Agent of City During the term oftlns Agreement, Pelican Walk hereunder shall
not be an agent of the City WIth respect to any and all ServIces to be perfonned by Pehcan
Walk (and any of Its agents, assignS, or successors) WIth respect to the Park10g Garage.
13.11 Public Purpose. The partIes acknowledge and agree that tins Agreement satisfies, fulfills
and IS pursuant to and for a pubhc purpose and munIcIpal purpose and IS 10 the publIc
1Oterest, and IS a proper exercise of the CIty'S power and authonty,
13.12. No General Obligation. In no event shall any oblIgatIOn of the CIty under thIS
Agreement be or constitute a general obligation or 10debtedness of the City or the CIty, a
pledge of the ad valorem tax10g power of the CIty or the CIty or a general obhgatIon or
10debtedness of the CIty or the City wltlun the mean10g of the Constitution of the State of
Flonda or any other applIcable laws, but shall be payable solely from legally available
revenues and funds Neither PelIcan Walk nor any other party under or benefiCIary of thIS
Agreement shall ever have the nght to compel the exerCIse of the ad valorem tax10g power
of the CIty, the CIty or any other governmental entity or taxatlOn 10 any form on any real
or personal property to pay the CIty'S or the CIty'S oblIgations or undertalongs hereunder
13.13. Term; Expiration. ThIS Agreement shall explfe and no longer be of any force and effect
on the thuueth (3oth) annIVersary of the Issuance of a final certIficate of occupancy for the
ParkIng Garage.
13.14 Effective Date. Upon executton of thts Agreement by the authonzed officers of the City
and by authonzed representatives of Pelican Walk followmg approval hereof by the CIty
Conurusslon and the Board of Drrectors of Pehcan Walk, thts Agreement shall then be m
full force and effect III accordance WIth ItS terms and the date of such executIon shall be
the EffectIve Date
13.15. Approvals Not Unreasonably Withheld. The parties hereto represent that It IS theIr
respecttve 10tent as of the Effecbve Date and do covenant and agree 10 the future that all
approvals, consents, and reViews WIll be undertaken and completed as expedItlOusly as
pOSSIble, III good faIth, and wIll not be arbItranly or unreasonably Withheld, unless
otherwise expressly authorized by the terms of tIltS Agreement.
Pelican Walk Parking Garage Development Agreement
24 of 29
July 8, 2003
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IN WITNESS WHEREOF, the partIes hereto have set thel! hands and theIr respectIve
seals affixed as of thts ~ay of August 2003.
CTIY OF CLEARWATER, FLORIDA
BY~..,-::a~-n
WI lam B Home II
CIty Manager
1t!<lform:
Pamela K Akm
CIty Attorney
~.
0-........-
STATE OF FLORIDA )
COUNTY OF PINELLAS )
The foregomg Instrument was acknowledged before me tins c?' cl day of August
2003, by BRIAN J. AUNGST, Mayor-ComIDlsslOner of the City of Clearwater, who IS personally
known to me
~1JJ!:f[!Ji)oJ
Notary Public
_ .x.r.~'~'" Denise A Wilson
-: ' JJ;,~:~ MY COMMISSlON, CC914101 EXPlRf~
" ,.&,t.... Jyne 18, 2004
?'R~" ~", BO~ot:O Il1RY TlIOY FAIH IH~ IWICfo JtIC.
ST ATE OF FLORIDA )
COUNTY OF PINELLAS )
The foregomg Instrument was acknowledged before me thts d 0 day of August
2003, by WILLIAM B. HORNE n, City Manager of the City of Clearwater, who IS personally
known to me.
f)AhW~(d~
P~tIType Name I J - .saJ
Notary Pubhc
.."",~,,- DenlSO> A Wilson
f.~~' MY COMMISSION I CC914101 EXPIRE~
~, . i Jyne 18, 2004
',1';.'. 'cl BO~OEO lHll\! UlOY FAlIIlNSlJRPJICLlIIC-
jjR!lll~ --.
Pelican Walk Parking Garage Development Agreement
25 of 29
July 8,2003
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B.J.E., INc.
By
ElIas Anastasopoulos !"\ 1Q.so ~tlU.,._1
PresIdent h\S ~ower rRA#Or.l\A.j
STATE OF FLORIDA )
COUNTY OF PINELLAS )
,L1*- A~__S
The foregomg IDstrument was acknowledged before me tlus c.:...- day August 2003, by Anu"""
ElIas Anastasopoulos, PresIdent of BJ E., Inc., a Flonda corporation, on behalf of B J E , Inc.
~t~
Notary PublIc
~~~, Patricia J Ceelen
:,( /:. .-Y;~ ConumSSlOn # CC 902313
~~,A.(~g Ellplre~ Feb IS, 2004
~~J,1"'oFf..w.," Bonded Thru
,.."...." AtI..nllC Bon dlng Co . I no
Pelican Walk Parking Garage Development Agreement
26 of 29
July 8, 2003
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EXHIBIT A
Legal Description
Lots 32 through 43, block HS", first addition to Clearwater Beach Park, as recorded
In plat book 15, page 80, public records of Plnellas County, Florida, together with
the adjacent Y2 of a vacated alley lying along the east boundary thereof
And together with'
Lots 2 through 8, block "A", replat of Block "A" and lots 1 to 15 rncl block liB" of
Clearwater Beach Park first addition, according to the plat thereof as recorded In
plat book 21, page 21 of the public records of Plnellas County, Florida, together
wIth the adjacent Y2 of a vacated alley lYing along the west boundary thereof
Pelican Walk Parking Garage Development Agreement
27 of 29
July 8,2003
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EXHIBIT B
Limited Warranty Deed
This Limited Warranty Deed made this _ day of ,2003, by
, a corporation orgamzed and eXlsttng under the laws of the State of
Florida, having ItS principal place of business and post office address at 791 Bayway
Boulevard, Clearwater Florida 33767, Grantor, to the City of Clearwater, Flonda, a
Florida municipal corporation, whose post office address IS P. 0, Box 4748, Clearwater
Florida 33758-4748, Grantee
(Whenever used herein the terms "grantor" and "grantee" Include all the parties to this
Instrument and the heirs, legal representatives, and assigns of Individuals, and the
successors and assigns of corporations, trusts and trustees)
Witnesseth, that said grantor, for and in consIderation of the sum of TEN AND
NO/100 DOLLARS ($1000) and other good and valuable conSideratIons to said Grantor
In hand paid by said Grantee, the receipt whereof IS hereby acknowledged, has granted,
bargained, and sold to the said grantee, and grantee's heirs and assigns, the following
easement In real property located In the County of Plnellas, State of Flonda, whIch is
more parttcularly desCribed as follows:
[legal description],
which easement grants to the public the nght of access and use of the property and any
Improvements thereon for off-street parking purposes for a term of thirty (30) years from
the Date of Commencement, which Date of Commencement shall be the date on which
a Certificate of Occupancy IS granted by the City of Clearwater for an off-street parking
structure pursuant to that certain Agreement between the City of Clearwater, Florida and
B. J E. Inc. dated July _,2003.
Grantor covenants as follows:
1 the grantor IS lawfully seized of saId land In fee simple.
2 that the grantor has good right and lawful authOrity to convey the easement
setforth herem,
3 that the easement granted IS free from encumbrances made by grantor,
and
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4. that grantor Will warrant and defend the property hereby conveyed against
the lawful claims and demands of all persons claIming by, through, or
under It, but against none other
Let It be known that the board of directors of B J E, Inc voted to grant the
easement regular meeting held upon due notice with a quorum present.
In witness whereof, Grantor has caused Its corporate seal to be affixed hereto,
and this instrument to be signed by ItS duly authorized officer on the date first above
Written,
B. J E, Inc
By
[SIgnature]
[TItle]
[Corporate Seal]
Attest'
Secretary
Executed in the presence of
STATE OF FLORIDA
COUNTY Of PINELLAS
I HEREBY CERTIFY that on thiS day of
2003, before me personally appeared and , duly
authorized officers of B J E, Inc , a corporation under the laws of the State of Flonda ,
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to me known to be the persons descnbed In and who executed the foregoing
conveyance to the City of Clearwater and severally acknowledged the execution thereof
to be their free act and deed as such officers, for the uses and purposes therem
mentioned; and that they affixed thereto the official seal of saId corporation, and the saId
Instrument IS the act and deed of said corporation
WITNESS my signature and official seal at
Plnellas County and State of Florida, the day and year last aforesaid
In the County of
My Commission ExpIres
Notary Pubhc
This mstrument was prepared by
{Name]
[Address]
'/
',.,
This Fust Amendment to the Agreement for Grant dated August 26, 2003 (the
"Agreement") IS made as of this ~ day of 2004, by and between THE CITY
OF CLEARWATER, FLORIDA, a muntClpal oration and polItIcal subdiVISIOn of the State
of Flonda (the "City"), and B. J, E ,Inc ("Pehc Walk"),
WITNESSETH
WHEREAS PelIcan Walk IS the owner of certam real property on Clearwater Beach
popularly known as the Pehcan Walk ShoppIng Center;
WHEREAS, PelIcan Walk proposed, as an alternatIve to a publIcly owned and operated
parkmg garage, that Pehcan Walk construct a garage and make parkmg In the garage avatlable to
the pubhc, mcludmg the tenants and tnVltees of the PelIcan Walk Shoppmg Center, on an equal,
first come, first served baSIS for the useful lIfe of the garage,
WHEREAS, the City of Clearwater agreed to make a grant to Pehcan Walk m the amount
of one mIllIon and four hundred thousand dollars ($1,400,000 00) m conSIderation for Pehcan
Walk's constructIon and operatIOn of an off-street parkmg garage open to the publIc, mcludmg
the tenants and mVltees of the PelIcan Walk Shoppmg Center, on an equal, first come, first
served basiS;
WHEREAS, PelIcan Walk has requested an extension oftlme to InItIate constructIOn of
the Pehcan Walk parkmg garage, from August 26. 2004 untIl March 31, 2005,
WHEREAS, PelIcan Walk has mmcated a destre to add reSIdentIal condOffilntUm uruts to
the project, whIch reqUIres an amendment to ehmmate the optIon for an addItIOnal two levels of
parkmg If constructIOn of said reSidentIal condomlmum unIts IS approved ("Condommmm
ProJect"),
WHEREAS, at a duly called publIc meetmg on the 17th day of June, 2004, the City
COffirnlSSlOn approved this First Amendment, and authonzed and dIrected Its executIOn by the
appropnate offiCIals of the CIty; and
WHEREAS, the Board of DIrectors of B J. E , Inc has approved thIS 18t Amendment to
the Agreement and has authonzed certam mdIVlduals to execute thIS Amendment on Its behalf
NOW, THEREFORE, In conSideratIon of the mutual promlses and covenants contamed
herem, the partIes hereby agree as follows:
Section 1.
Section 2 02 a. IS hereby amended to read as follows
2.02 Proposed Parking Garage.
First Amendment to Pelican Walk Parking Garage Development Agreement
10f6
Section 2.
J
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DescnotIon Pehcan Walk proposes to develop a parkmg garage contammg at
least three hundred (300) off street parkmg spaces on the Parkmg Garage Site
ProvIded the Condonllflnun Project proceeds, the Parkmg Garage wIll NOT be
designed and constructed m a manner whIch wIll allow the subsequent additIon of
at least two (2) addItIonal floors of parkmg, otherwIse It shall The ProJect may
Include resIdentIal uruts sublect to approval pursuant to the Land Development
Code All of the parkmg spaces In the Parkmg Garage wIll be open to the publIc,
mcludmg the InVltees of the PelIcan Walk Shoppmg Center, on an equal, first
come, first served baSIS Notwlthstandmg the foregOlng, to the extent that the
Parkmg Garage contaIns more than 300 spaces. PelIcan Walk may dedicate and
reserve the excess oarkIng spaces for the CondOlrumum Prolect. However In no
event shall the Parking Garage eontam fewer than 300 parkmg spaces ouen to the
Dubhe, mcludIng the mvitees of the PelIcan Walk Shoppmg Center. on an equal.
first come, first served basIs
SectIOn 5.03 a. IS hereby amended to read as follows
5.03 Construction of the Project.
Section 3.
a
Commencement. Pehcan Walk shall commence constructIon of the ParkIng
Garage III accordance WIth the Plans and SpecIficatIOns for the Parkmg Garage
WltJ:Ufl t\velve (12) months attar the Effectlve Date on or before March 31, 2005
and shall thereafter dlhgently pursue constructIon to completIOn WIthIn thirtY-SIX
(36) months of the Effective Date
SectIon 6 02 a IS hereby amended to read as follows'
6.02 Payment of the Grant in Aid. The City agrees to pay the grant In aid to Pehcan Walk, ill
accordance WIth the followmg:
Section 4.
a
Upon completIon of the constructIon plans for the Parkmg Garage and the
Issuance of a butldmg permit by the City, the City shall reimburse PelIcan Walk
for the actual cost of prepanng the schematIc, prehnllnary, and final constructIOn
plans m an amount not to exceed fifteen percent (15%) of the total Parkmg
Garage project budget.
SectIOn 6.04 IS hereby amended to read as follows'
6.04 Construction of Additional Off-Street Parking Spaces in the Immediate Vicinity.
The City understands and agrees that as a party to tins Agreement, PelIcan Walk assumes
certam finanCIal nsks whIch may be adversely affected by the constructIon of additIOnal
off-street parkmg spaces in the unmedmte VICInIty of the Parkmg Garage SIte In
consideratIOn thereof, and proVided the CondommmITl Project does not proceed (and If It
does proceed, thIs entIre sectIon 6.04 shall be of no force or effect) the City agrees that m
First Amendment to Pelican Walk Parking Garage Development Agreement
20f6
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the event the CIty detenmnes, wlthm five (5) years after the Issuance of a final certIficate
of occupancy for the Parkmg Garage, that addrtlonal off-street CIty owned or financially
supported parkmg spaces open to the publIc located wIthm one thousand (1,000) feet of
any portIOn of the Parkmg Garage SIte are necessary and appropnate, the CIty agrees the
CIty WIll prOVIde PelIcan Walk WIth wntlen notIce of Its deternllnation, and that m that
event.
a PelIcan Walk shall have a first nght to construct an addItIonal two hundred (200)
off-street parkmg spaces to meet the need for addItIOnal off-street parkmg spaces
whIch the CIty has detenmned are necessary and appropnate, prOVIded that such
additIOnal off-street parkmg spaces are open to the pubhc on an equal, first come,
first served basIS subject to the terms of thiS Agreement as provIded m sectIOn
13 13.
b. In the event that Pehcan Walk opts to exerCIse Its first nght to construct at least
two hundred (200) addItlonal off-street parkmg spaces, PelIcan Walk shall give
the CIty wntten notlce of Its mtent witlun thirty (30) days after receIpt of the
City'S wntten notIce of the CIty'S detemnnatlon that addltlonal spaces are
necessary and appropriate
c. In the event that PelIcan Walk gives the CIty notlce of its mtent to construct at
least two hundred (200) addItional off-street parklOg spaces, PelIcan Walk shall
commence constructIOn of the additIOnal spaces wIthIn SIX (6) months of the date
of PelIcan Walk's wntten notice
d In the event that PelIcan Walk gIves the CIty notlce of ItS mtent to construct at
least two hundred (200) additIOnal off-street parkmg spaces, Pelican Walk shall
be solely responslble for the cost of constructlon of the addltlOoal parkmg spaces
e. In the event that PelIcan Walk exercises Its first nght to construct at least two
hundred (200) additIOnal off-street parkmg spaces, the City agrees that the CIty
wtll not use or cause to be used, publIc funds for the constructlOn of any
additional off-street parlang spaces wlthm one thousand (1,000) feet of any
portion of the Parkmg Garage Slte for a penod of five (5) years from the date of
Certificate of Occupancy of the addItional spaces or until Pehcan Walk shall have
achleved a Stablbzed Occupancy for the total number of off-street parkmg spaces
In the expanded Parkmg Garage, so long as the additIonal parlang spaces are open
to the publIc on an equal first come, first served baSIS. For the purposes of thlS
subsectIOn, StabIlIzed Occupancy shall mean that SIxty-five percent (65%) of the
total number ofparkmg spaces m the Parkmg Garage (after the constructlon of the
addltlonal parkmg spaces) are occupIed on an average of four (4) hours of per
day, three hWldred and SIXty five (365) days per year.
OSTAB =
K
OAVG =
StabIlIzed Occupancy
Number ofParkmg Spaces
Average Percent ofParkmg Spaces OccupIed (65%)
First Amendment to Pelican Walk Parking Garage Development Agreement
3of6
Section 5.
;
HAVG Average Number of Hours Occupied per Day (4)
OSTAlI =(OAVG)(HAVG)(K)(DA YS)
OSTAlI =( 65)(4)(K)(365)
f
PelIcan Walk wIll conduct and submit to the CIty sworn affidavIts of annual audits
of occupancy mcludmg all spaces occupIed whether by pay parkmg or by
valIdatIOD based on an InItial date of CertIficate of Occupancy of either the first or
second phase of constructIOn untIl stabIlIzed occupancy IS aclueved or the
applIcable tImeframe has expIred
g
In the event that PelIcan Walk opts not to exerCIse Its first nght to construct at least
two hundred (200) addItIOnal off-street parkmg spaces, the CIty shall be free to
construct addItIonal off-street parlong spaces wlthm one thousand (1,000) feet of
any portIOn of the Parlang Garage Site WIthout regard to the level of occupancy
achIeved by PelIcan Walk,
h
Notwlthstandmg any other proviSIOn of tills Agreement, mcludmg the proVISIOns
of thts subsectton 6.04, the CIty and PelIcan Walk understand and agree that the
CIty shall retam the nght to construct or fund addItIonal off-street parkmg spaces
wItlun one thousand (1,000) feet of any portIOn of the Parkmg Garage SIte, If the
City detennmes that such off-street parkmg IS a necessary element of a proposed
Destmatlon Resort development undertaken In accordance With the proVISIOns of
Beach by DeSign
SectIOn 10 01 IS amended to read as follows
10.01 Failure of Pelican Walk to Commence Construction of the Parking Garage. In the
event that PelIcan Walk shall fall to commence constructIOn of the parkmg Garage on or
before March 3 L 2005 vl1thta nvelve (12) months after the Effeetr.<e Date of thIS
Agreement, the CIty shall have the nght to gIve PelIcan Walk wntten notIce that this
Agreement has temlloated and shall be of no further force and effect. In the event that the
City shall have reImbursed Pehcan Walk for the preparatIOn of schemattc, prelImmary and
final constructIon plans for the proposed Parkmg Garage, at the CIty'S optIon. I) PelIcan
Walk shall repay the CIty all Money prod to PelIcan Walk, or 2) all deSIgns, drawmgs and
other documents and the Intellectual property they constItute shall become the property of
the CIty
Section 6.
Effective Date
ThIS amendment shall be effective upon executIOn
First Amendment to Pehcan Walk Parking Garage Development Agreement
40f6
u
...
~
e
-
IN WITNESS WHEREOF, the partles hereto have set theIr hands and theIr respective
seals affixed as of thIS ~ day of r ' 2004.
Countersigned CITY OF CLEARWATER, FLORIDA
~ BM..a2:....~. U-....-U
Bna;, -. A - s - . n WIlliam B. Horne II
Mayor CIty Manager
A1J;jtoform
Pamela K Akm
CIty Attorney
Attest:
~c
Cyn a E Goudeau _
CIty lerk
~A~--
" -
)
COUNTY OF PINELLAS )
The foregomg mstrument was acknowledged before me tins r2 cJ" day of (J I AJ
2004, by BRIAN J AUNGST, Mayor of the CIty of Clearwater, who IS personally kno~
~1tJ~
'PnntfType Name. ) l ~A, uj(/so~
Notary Pubhc
STATE OF FLORIDA
",tf"V />!I,,<< Den"e A.. Wilson
f~ (> commlSSlOfl # 00296233
~. \); Explres June 18,2008
~ OF f\.<9" 8Inl8d TIlIl' feIR-1fls\IlIQ, InC. ~9
STATE OF FLORIDA )
COUNTY OF PINELLAS )
The foregoing mstrument was acknowledged before me thiS d J day of
2004, by WILLIAM B HORNE II, CIty Manager of the City of Clearwater,
o IS personally known to me
&::~::/idd~u
Notary PublIc
~ Den'" A. W\I8oII
f c; CommISSIOn # 00296233
~ \J~ ExpIres June 18. 2008
~ OF ~.Borded 1'10/ hln -lrIanIICe. 1M. 8U).38ll.JOl9
First Amendment to Pelican Walk Parking Garage Development Agreement
50f6
-
e
B.J.E., INC.
By: ~,?-?~
Elms Anast~~~~ ""'"
PresIdent
STATE OF FLORIDA )
COUNTY OF PINELLAS )
J ~ Ll,'f\e... W 0 ~
The foregomg mstrument was acknowledged before me this L day ~u~L 2003, by
ElIas Anastasopoulos, PresIdent ofB J E., Inc., a Flonda corporatIon, on behalf ofB J.E , Ine
Q~~
Notary Pubhc
,,'~J ~ Patricia J. Ceelen
E~ ~ \. CommiSSion #00280305
~;,. ~;~ Exprres Feb 15, 2008
-";"'o.rJ!":,,--- Bonded Thru
""..." Atlantlc &mdlng Co, Inc
First Amendment to Pelican Walk Parking Garage Development Agreement
60f6
J
i ~,.:
Wells, Wayne
From
Sent
To
Cc
Subject
Tarapanl, Cyndl
Wednesday, January 26,2005522 PM
Akin, Pam
Wells, Wayne, Parry, Mark, Brumback, Garry, Rice, Scott, QUIllen, Michael, Arasteh, Mahshld
FW 483 Mandalay Avenue, Pelican Walk project
Importance
High
Pam-l am forwarding you the following e-mail where Wayne provides a description of the most recent
meeting WIth the Pelican Walk garage team
Of course, Planning Will manage the resubmlttal process and If he resubmits by Feb 3, then he Will
be on the March 15 COB agenda If not, then he Will be on a future agenda We have provided
much latitude on this project regarding timing and Feb 3 IS the latest that we can extend to hIs team
to make the March 15th agenda
I am writing to you to ask you to deal With Mr Anastapoulos' questions regarding the agreement
requIrements I am trying to continue our effort to separate the contractual agreement from the
planning regulatory review If you have any questions, please let me know
Cyndl T arapam
Planmng Ducctor
(727) 562-4547
C) nch tarapam@myclcarwater com
-----Onglnal Message_un
From Wells, Wayne
Sent' Tuesday, January 25, 2005 8 16 PM
To: Tarapam, Cyndl
Cc, Parry, Mark
SubJect. 483 Mandalay Avenue, Pelican Walk prOject
Importance' High
Cyndl -
Since I am taking over this project from Mike Reynolds, I also attended a meeting last Friday, January 21,2005, regardmg
the status of the project At times, the diSCUSSion was heated
At their meeting on January 18,2005, the Community Development Board (COB) continued Case No FLD2004-09072 to
a date uncertain The applicant's deSign team are working on providing such Informalion necessary for the project to be
deemed suffiCient
At Issue With ElIas Anastasopoulos IS compliance with the Agreement he has With the City to construct the parking garage
According to Section 503 a of the Agreement, commencement of construction IS to be wlthm 12 months after the Effective
Date and pursue construction to completion Within 36 months of the Effective Date Based on Section 1 01 9 of the
Agreement, the Effective Date upon execution of the Agreement was August 26, 2003 Mr Anastasopoulos'
understanding and concern IS that he has to begin construction by March 31,2005 Based on my reading of the
Agreement, I don't know If this IS a correct date or not (looks to me he didn't meet the date to commence construcllon)
Due to the application stili not being suffiCient, and It wasn't advertised for the February 15, 2005, CDB meeting, It appears
that this Case, assuming It Will become suffiCient, could be scheduled for the March 15, 2005, COB meeting Mr
Anastasopoulos'
concern (based on hiS understan ding that he must beg In con structlon by March 31, 2005) IS that With the COB meetmg on
March 15, 2005, there may be Insufficient time to actually begm construction I suggested submitting for a site
development permit, or potentially a foundation only permit Assuming the Site plans (and/or bUilding plans) are submitted
qUickly, potentially a permit could be Issued In a timely manner The definition m Section 1 01 8 of the Agreement states
1
that "commence construction" means tne start of meaningful physical development Ul a material part of the parking garage
bUilding
The qUickest I can get this project back to the COB IS March 15, 2005 1 have told the applicant that we would need
resubmlttals by February 3,2005 The case needs to be readvertlsed for the CDB, including the Transfer of Development
Rights (TDR2005-01 015)
I told Mr Anastasopoulos I would write this emall to help determine when he must commence construction, so as to be In
compliance With the Agreement Any way you and/or the Legal Department can provide such Insight? If he IS out of
compliance With the terms of the Agreement to commence construction, Will the Agreement need to go back to City
Council?
Thanks Time IS of the essence
Wayne
2
Wells. Wayne
From,
Sent
To
Cc
Subject
Rice, Scott
Friday, January 21. 2005408 PM
'jebert@tlmhaahs com'
Bertels, Paul, QUillen, Michael, Bruch, Tracey, Wells, Wayne
Pelican Walk Garage/Condos
I received a fax from Jerry Koski of Walker Parking Consultants With a new layout of the resident entrance The concerns
that I have regarding this design are
1 It stili appears that the vehicle overhang Will encroach Into the oncoming lane (the dashed lines are wheel tracks)
2 The back of the vehicle at the card reader IS flush With the back of Sidewalk
3 The flexible bollards added to the design are an obstruction for vehicles entering through the public entrance and
needing to use the ramp to access upper floor parking
D. Scott Rice
Land Deve/. Engr. Manager
727-562-4781
scott.rice@MyClearwater.com
1
i
( t -'":"" \ \ Lcw-- CL)Q I): (iV f{; hJ
~ G01~C~
------
4-k-
TIns Agreement for Grant (the "Agreement") IS made as oftlnsllL day of August 2003,
by and between THE CITY OF CLEARWATER, FLORIDA, a mumcIpal corporation and
polttIcal subdIVISion of the State of Flonda (the "C1ty"), and B J E, Inc ("Peltcan Walk"),
"
WITNESSETH.
WHEREAS, the CIty of Clemwater has adopted a commumty reVItahzatIon plan entitled
Beach by Deszgn;
WHEREAS, Beach by Deslgn contemplates the prOVISIon of addItIonal off-street parkmg
on Clearwater Beach In support of resort development, beach patronage and the revttalIzatIon of
North Mandalay;
WHEREAS, the new rngh span bndge between the mainland and Clearwater Beach 1S
scheduled to open on or before March 31, 2004;
WHEREAS, the new htgh span bridge wIll Improve access to the beach and mcrease the
need for off-street parkmg on Cleanvater Beach,
WHEREAS, on days of peak: beach patronage, there is a senous shortfall m the
aVaIlabIlIty of publtc parkIng on Clearwater Beach,
WHEREAS, the City of Clearwater has exhaustIvely analyzed the opportunIties for
providing additional parkrng on Clearwater Beach;
WHEREAS Pehcan Wa1k is the owner of certam real property on Clearwater Beach
popularly known as the Pelican Walk: Shopping Center,
WHEREAS, one of the SItes whIch the City has Idenhfied as a potenhal SIte for a parkIng
garage is the eXlsting surface parking lot whIch IS a part of the Pehcan Walk Shoppmg Center
("Parkmg Garage Site");
WHEREAS, the City of Clearwater has conducted vanous studIes of the feasIbIlIty of
construcbng addItional off-street parlang and evaluated more than twelve (12) dIfferent SItes,
WHEREAS, the seasonality of parkIng demand on Clearwater Beach compromIses the
finanCIal feasibIhty of provldmg addItional parkmg because potentIal revenues are substantially
reduced dunng non-peak days,
WHEREAS, Pehcan Walk has offered to work with the CIty of Clearwater to facIlItate
the proVIsion of addItional off-street parking on Clearwater Beach;
'Pelican Walk Parking Garage Development Agreement
1 of 29
July 8, 2003
WHEREAS, the CIty CommISSIon of the CIty of Clearwater determmed that the
acqUIsItIon of the Parkmg Garage SIte and development and operatIon of a publIc parkmg garage
on the SIte could not be Justified on the basIs of eXIstmg and projected parkmg revenues;
WHEREAS, the CIty CommISSIOn detenmned that m the absence of addItIonal pnvate
development which generated addItIonal off~street parkmg demand for non-peak days, the
constructIon and operatIon of a publIc parkmg garage mvolved a measure of nsk the
ComrmssIOn was unWilling to accept;
WHEREAS, the CIty and PelIcan Walk have worked dilIgently to IdentIfy a financIally
feasIble approach to the construction and operatIon of a new parkmg garage on the ParkIng
Garage Site,
WHEREAS, PelIcan Walk offered to convey the Parkmg Garage SIte to the CIty so long
as the amount of parking currently existIng on the Parkmg Garage SIte was available to PelIcan
Walk for Its tenants and customers;
WHEREAS, the CIty of Clearwater employed professIOnals expenenced m the financmg
of parking garages to evaluate the economIC feaSIbIlIty of vanous optIons for a new parkIng
garage on the Parlang Garage SIte;
WHEREAS, the econonuc feasibilIty analysis prepared for the City of Clearwater
revealed that each of the optIons for a publIcly financed and operated garage mvolved a
hkelIhood that revenues would be msufficient to cover debt SeMce and operatIng costs and that
additIOnal parking demand and revenues depended on the pace of reVitalIzatIOn and
redevelopment on Clearwater Beach and other matters beyond the City'S control,
WHEREAS, Pelican Walk has proposed, as an alternatIve to a publIcly owned and
operated parkmg garage, that PelIcan Walk construct a garage and make parkmg ill the garage
avaIlable to the publIc, mcludmg the tenants and InVltees of the PelIcan Walk ShoppIng Center,
on an equal, first come, first served basIS for the useful hfe of the garage;
WHEREAS, Pelican Walk has proposed that the new parkmg garage would be
constructed and operated accordmg to the speclficatlOns of the City of Clearwater,
WHEREAS, PelIcan Walk proposed that the CIty of Clearwater make a grant to Pehcan
Walk In the amount of one mtlhon and four hundred thousand dollars ($1,400,00000) m
consideratIon for Pelican Walk's constructIOn and operation ofan off-street parlang garage open
to the pubhc, mcludmg the tenants and InVltees of the PelIcan Walk Shoppmg Center, on an
equal, first come, first served basIS,
WHEREAS, the parlang garage proposed by PelIcan Walk IS not economIcally VIable
Without a grant in aId In an amount of at least one Imlhon and four hundred thousand
($1,400,00000);
Pelican Walk Parking Garage Development Agreement
2 of 29
July 8, 2003
WHEREAS, the Pelican Walk proposal gives the CIty of Clearwater addltlonal publIc
parlang to the publIc Without addItional uncertam finanCIal nsk,
WHEREAS, the proposed grant of one mIllIon and four hundred thousand dollars
($1,400,000 00) IS sIgrnficantly less than the net cost ofland acqulSltlon, constructlon, financmg
and operation of a publIc parkIng garage,
WHEREAS, the CIty ComrmsslOn of the CIty of CleaIWater has detemuned that the
constructIOn of a new parkIng garage on the Parkmg Garage SIte avaIlable to the publIc on an
equal, first come, first served basIS wIll serve the best mterests of the cltlzens of the City,
WHEREAS, the provisIOn of addItIonal parlang avatlable to the publIc on an equal, first
come, first serve basis IS a vahd publIc purpose,
WHEREAS, the City understands that PelIcan Walk IS wIllmg to undertake the finanCIal
nsk of deslgrung, constructing and operatIng the proposed Parlang Garage and that PelIcan Walk
15 relying upon the strIct enforcement of eXIstIng muruclpal regulatlOns governmg on-street and
off-street parkmg as It undertakes the financial nsk of the proposed Parkmg Garage,
WHEREAS, the City understands that the economIC feasibility of the proposed Parklllg
Garage would be adversely affected If the CIty were to construct or cause to be constructed or to
otherwIse proVlde finanCial support for additIOnal off-street parlang spaces Wlthm the lDllnedlate
VlClDlty of the Parkmg Garage Site;
- ~
WHEREAS, at a duly called publIc meetIng on the ~ day of July, 2003, the CIty
CommiSSIOn approved tlns Agreement, and authonzed and dIrected Its executlon by the
appropnate offiCials of the CIty; and
WHEREAS, the Board of Drrectors of B J E, Inc has approved this Agreement and
has authonzed certalll md1Vlduals to execute tlus Agreement on Its behalf
NOW, THEREFORE, III conslderatlon of the mutual promises and covenants contamed
herem, the partIes hereby agree as follows:
ARTICLE 1 DEFINITIONS.
1.01 Dermitions The terms defined In this ArtIcle 1 shall have the followmg meanmgs
except as herem otherwise expressly proVlded
1 "Agreement" means tlns Grant m AId mdudmg any ExhIbIts and any
amendments thereto
2. "Beach by Deslgn" or" Plan" means the strategIc redevelopment plan for
Clearwater Beach dated 2001 wluch was adopted by the CIty CormmsSlOn
Pehcan Walk Parking Garage Development Agreement
3 of 29
July 8, 2003
. .
pursuant to the provlSlons of the Pmellas County Plannmg COunCIl'S Rules for the
deSIgnatIOn of a SpeCIal Area Plan/Commumty Redevelopment DIStrICt
3 "CIty" means the CIty of Clearwater, Flonda, a Flonda muruclpal corporatIOn
4. "CIty Comrmsslon" means the governmg body of the CIty.
5 "City's Representative" means that person deSIgnated by the CIty to represent the
CIty dunng the deSIgn and construction of the proposed Parlang Garage
6 "Commencement Date" means the date on whIch Pelican Walk commences or
cause~ a Contractor to commence constructIOn of the Pehcan Walk Parkmg
Garage
7. uCommence construction" means the start of meaningful phYSICal development
of a matenal part of the Parlang Garage bUIlding.
8 "ConstructIon Completion Date" means the date a final certificate of occupancy IS
ISSUed by the City for the Pehcan Walk Parkmg Garage,
9 "EffectIve Date" means the date of approval and execution of this Agreement as
proVIded m Section 13.14
10 "ExhIbIts" means those agreements, dIagrams, drawmgs, specIfications,
rnstruments, forms of mstruments, and other documents attached hereto and
deSignated as exhibIts to, and mcorporated m and made a part of, thiS Agreement
11 "ParkIng Garage SIte" means the land on whIch the eXIstmg PelIcan Walk surface
parking lot and asSOCIated storm water management faCIlities are located whIch IS
located rmmedlately to the east of the eXIsting PelIcan Walk Shoppmg Center and
fronts on POInSettia Avenue, as more particularly descnbed m ExhIbIt A
12. "PelIcan Walk Parkmg Garage" means a parkmg garage to be constructed on the
Parlang Garage SIte" contammg not less than three hundred (300) off-street
parlang spaces.
13. "Plans and SpecIfications" means the schematIc, prelImmary and final
construction plans for the PelIcan Walk Parlang Garage
14 "UnavOIdable Delay" means a delay as descnbed m ArtIcle IS hereof.
1.02 Use of Words and Phrases. Words of the masculIne gender shall be deemed and
construed to mclude corr~lative words of the femuune and neuter genders Unless the
context shall otherwise mdlcate, the singular shall mclude the plural as well as the
Pelican Walk Parking Garage Development Agreement
4 of 29
July 8, 2003
smgular number, and the word "person" shall mclude corporatIOns and assOCiatIOns,
mcludmg publIc bodIes, as well as natural persons llHerem, II "hereby," "hereunder, II
"hereof," "herembefore," "heremafter" and other eqUIvalent words refer to tIns
Agreement and not solely to the partIcular portIon thereof III whIch any such word IS
used
1.03 Florida Statutes. All references herem to Flonda Statutes are to Flonda Statutes (2002),
as amended from time to time
ARTICLE 2. PURPOSE AND PROPOSED PARKING GARAGE.
2.01 Purpose of Agreement. The purpose of tIns Agreement IS to further the
ImplementatIOn of Beach by Design by proVIding for addIllonal publIc parkmg on
Clearwater Beach to enhance the qualIty of lIfe, mcrease employment and Improve the
aesthetIc and useful enjoyment of Clearwater Beach all.,n accordance WIth and III
furtherance of the ComprehenSIve Plan and as authonzed by and m accordance WIth the
proVISIons of FIonda law
2.02 Proposed Parking Garage
a. DescnptIon Pelican Walk proposes to develop a parlang garage contairnng at
least three hundred (300) off street parkmg spaces on the Parkmg Garage SIte.
The Parkmg Garage wIll be designed and constructed m a manner winch WIll
allow the subsequent addItIon of at least two (2) addItIonal floors of parkmg. All
of the parking spaces In the Parlang Garage WIll be open to the publIc, mcludmg
the mvitees of the Pelican Walk Shoppmg Center, on an equal, first come, first
served basIS
b Public Benefits and PublIc Interest The proposed Parking Garage 00 the
Parkmg Garage SIte, mcluding the deSIgn, construcllon, completion and operatIon
of the Parking Garage and each part thereof, is hereby found by the partIes hereto:
(1) to be conSIstent WIth and In furtherance of the objectIves of Beach by Design
and the ComprehensIve Plan, (2) to conform to the proviSIOns of Flonda law, (3)
to be ill the best lllterests of the CItIzens of the CIty, (4) to further the purposes and
objectives of the CIty, and (5) to further the publIc rnterest and purpose of
proVIdmg addItIonal parkmg open to the publIc on an equal, first come, first serve
basiS and eradIcatIng conditIons of detenoratton, dtlapldatlOn, obsolescence and
blIght on Clearwater Beach.
2.03 Ownership of Parking Garage Site. PelIcan Walk IS the owner of the Parkmg Garage
SIte
2.04 Cooperation of the Parties. The City and PelIcan Walk: recogruze that the successful
development and operation of the ParkIng Garage IS dependent upon contrnued
Pehcan Walk Parking Garage Development Agreement
5 of 29
July 8, 20()3
cooperation ofthe CIty and PelIcan Walk, and each agrees that It shall act In a reasonable
manner herelUlder, proVIde the other party WIth complete and updated mformatlOn from
time to tIme, WIth respect to the condItlons such party IS responSIble for satisfyIng
hereunder and make ItS good faIth reasonable efforts to ensure that such cooperatJon IS
contInuous, the purposes of thIS Agreement are carned out to the full extent contemplated
hereby and the Parkmg Garage IS deSIgned, constructed, completed and operated as
provIded herem.
ARTICLE 3. REGULA TORY PROCESS.
3.01 Land Development Regulations,
a. Land Use DesumatlOn. The ParIong Garage SIte IS located WIthin the Tounst
DIStrIct as proVIded ill the CIty'S Land Development RegulatIOns
b. Amendments to Land Development RegulatJons. The CIty covenants and agrees
to cooperate WIth Pelican Walk, to the extent pennitted by law, m regard to any
text or map amendment to the City'S Land Development Regulatlons or approval
under the CIty'S Land Development Regulations which may be necessary m order
for Pehcan Walk to develop the Parkmg Garage as descnbed m Section 2 02(a).
3.02 Development Approvals and Permits.
a ApplIcatIOns for Development Avproval PelIcan Walk shall prepare and
submit to the appropnate governmental authonnes, mcludmg the CIty,
apphcations for all necessary Penmts for the Parkmg Garage, and shall bear all
costs of prepanng such applIcations, applymg for and obtaUllng such permIts,
mcludmg payment of any and all applIcable apphcation, mspectIOn, regulatory
and rmpact fees or charges, except as otherwtse proVIded m thIS Agreement
b CIty Cooperation and ASSIstance The CIty shall cooperate WIth Pelican Walk
WIth regard to all necessary approvals and or permIts reqUIred for the
constructlon, completion and opening for busmess of the Parkmg Garage winch
may be requITed from an agency of government other than the CIty If requested
by Pelican Walk and authorized by law, the CIty wIll Join m any apphcatlOn for
any permIt or approval, or, alternatively, recommend to and urge any
govenunental authonty to winch applIcatIOn for any penmts has been made that
such pennit or approval to Issue or approve the requested permIt or approval
C CIty Authontv Preserved. The CIty'S duties, obhgatIOns, or responSIbilitIes under
any section of tins Agreement, speCIfically mc1uding, but not lImIted to, tIns
Section 3 02, shall not affect the CIty'S nght, duty, oblIgation, authonty and power
to act ill its governmental or regulatory capaCIty III accordance WIth apphcable
Pelican Walk Parking Garage Development Agreement
6 of 29
July 8, 2003
~'
laws, ordmances, codes or other bwldmg regulatIOns NotwIthstandIng any other
provlslOn of tins Agreement, any reqUIred penmttmg, licensing or other
regulatory approvals by the CIty shall be subject to the established procedures and
reqUIrements of the CIty WIth respect to reVIew and penmtting of a project of a
sImilar or comparable nature, SIze and scope In no event shall the CIty, due to
any prOVlSlOn of tlus Agreement, be obhgated to take any actlOn cancerrung
regulatory approvals except through Its establIshed processes and m accordance
with applIcable provislOns of law
3.03 Not a Development Order or Permit. The City and PelIcan Walk hereby acknowledge,
agree and represent that this Agreement IS not Intended to be and should not be construed
or deemed to be a "development order" or development permIt" w]tlun the meanmg of
those terms In Section 163 3164, Flonda Statutes
ARTICLE 4. PLANS AND SPECIFICATIONS.
4.01 Plans and Specifications
a. Responslblhty for PreparatlOn of Plans and SpectficatlOns. Pehcan Walk shall be
responsible for preparmg the site plan and schematiC, preliminary, and final
constructlOn plans for the proposed Parkmg Garage During the deSign process,
Pehcan Walk agrees that the CIty'S Representauve shall have access to and a nght
to review and approve all phases of design and constructlon processes
b. Character and QualIty. The City and PelIcan Walk agree that the proposed
Parkmg Garage shall be deSigned, constructed, mamtained and operated III a
manner consistent WIth other first class or lugh qualIty parkmg garages m the
Tampa Bay regIOn such as Centro Ybor or Channels Ide garages The CIty and
PelIcan Walk further agree that the Parlang Garage Will be designed and
constructed m a manner which will ensure that the Parlang Garage has a posItIve
lffipact on the appearance and commumty character of Clearwater Beach
c Beach by DeSign. The City and PelIcan Walk agree that the Parkmg Garage WIll
be deSigned In accordance WIth the requuements of Beach by Deslgn
d Useful L]fe. The CIty and PelIcan Walk agree that the Parkmg Garage Will be
deSIgned and constructed so as to have a useful hfe of not less than forty (40)
years
e. Rev]ew and Approval of Plans and SpecIficatIOns by CIty PelIcan Walk shall
submIt schematic, prelImmary and final plans to the CIty'S RepresentatIve for Its
revIew and approval as a party to this Agreement The City'S Representative shall
complete Its reVIew of any plans which are submItted under thIs subsectIOn Wltlun
twenty (20) days or the partIcular plans wluch have been submItted shall be
Pelican Walk Parkmg Garage Development Agreement
7 of 29
July S, 2003
./
deemed approved as submItted Approval by the CIty'S RepresentatIve shall be
separate and apart and shall not lImIt m any way the City'S regulatory and
perrmttmg powers.
f Use of OualIfied ProfessIOnals PelIcan Walk shall retam qualIfied professIOnals
to prepare the Plans and SpecIfications and shall cause such professIonals to
prepare the Plans and SpeCIficatIOns
ARTICLE 5. PELICAN WALK OBLIGATIONS.
5.01 Parking Garage Site Work. PelIcan Walk shall be responsIble for all SIte mvesugatlOn,
5.02 Construction Budget for Parking Garage Pelican Walk shall proVIde the CIty With a
sworn statement of a general contractor lIcensed m the State of FIonda as to the
constructIon budget, mcIudmg all costs and contmgencIes In the event that the
constructIon budget is modrfied upwards or downwards by more than ten percent (10%),
Pelican Walk shall submIt a sworn statement of a general contractor as to the modified
budget
5.03 Construction of the Project.
a. Commencement PelIcan Walk shall commence constructIon of the ParkIng
Garage ill accordance With the Plans and SpecIficatIons for the Parlang Garage
Wlthin twelve (12) months after the Effective Date and shall thereafter dIlIgently
pursue construction to completion Wlthm thrrty-SlX (36) months of the EffectIve
Date.
b. Payment of Contractors and SupplIers. PelIcan Walk agrees to promptly pay, or
arrange to be paId, all moneys due and legally owmg to all persons or
organizations domg any work or furmshmg any matenals, fuel, machmery or
supplies for the design and constructIOn of the Parkmg Garage.
c. Maintenance of Construction SIte. Dunng the construction of the Parkmg
Garage, Pehcan Walk shall, at Its own expense, keep the Parkmg Garage Site III
good and clean order and condihon
d. Mamtenance of Parlang for PelIcan Walk Shoppmg Center Pnor to the
commencement of constructIon, PelIcan Walk shall prepare a "Mamtenance of
Off-Street Parkmg Plan" whIch plan shallldentrfy the off-street parkmg faCIlItIes
which WIll be used to prOVIde adequate and reasonable off-street parkIng to the
employees and InVItees of the tenants of the PelIcan Walk ShoppIng Center For
the purposes of thIs subsectIon, "off-street parkmg faCIlItIes" means parlang
spaces avaIlable to the general publIc or avaIlable to PelIcan Walk by pnvate
agreement and valet servIces
Pehcan Walk Parking Garage Development Agreement
8 of 29
July 8, 2003
5.04 Construction Completion Security. A condItIon precedent to the payment of any
pubhc momes In accordance WIth the tenns and condItions of thIS Agreement, PelIcan
Walk: shall proVIde the CIty WIth good and suffiCIent secunty to guarantee the completlOn
of the Parkmg Garage The secunty shall be In an amount equal to one hundred and
twenty-five percent (125%) the estimated cost of constructIOn based on approved
construction plans The form of the surety shall be bond ISSUed by a busmess orgaruzatIOn
subject to the regulatory authonty of the State of Flonda, an uncondItIonal letter of crecht
Issued by a Federally msured financIal InStItutIOn or other form of secunty acceptable to
the CIty Attorney
5.05 Operation of Parking Garage. PelIcan Walk agrees and covenants that It shall operate
the ParkIng Garage on the folloWIng terms and condItIOns.
a. Open to the PublIc The ParIong Garage shall be aVallable to the general public,
mcludmg the tenants and partners of the PelIcan Walk: Shoppmg Center, on an
equal, first come, first served basIS For the purposes of tlus Agreement, equal,
first come, first serve means that each and every parkIng space WIll avaIlable for
use by the pubhc at all times when the Parlang Garage IS open, and that at least
three hundred parkmg spaces shall be unrestncted (no reserved parIong) wlthm
the Parkmg Garage for a pen ad of not less than thIrty (30) years after the Issuance
of a final cerl:1ficate of occupancy for the ParIong Garage.
b Hours of Operation The ParIong Garage shall be open for publIc parkmg between
the hours of 10:00 a m. and 9 00 P m dally except Fndays, Saturdays, and legal
holIdays recognized by the City of Clearwater, on wInch days the garage shall
remam open untIl 10 00 P m
c. ParkIng Rates ParIong rates charged the general publIc for the use of parIong
spaces III the Parkmg Garage shall be consIstent WIth the parIong rates charged,
from tIme to time, for parkIng spaces m parktng garages located m other resort
locatIOns In Flonda; prOVIded however, that parkIng rates for use of parkmg
spaces m the ParIong Garage shall not exceed one hundred and fifty percent
(150%) of the average parkmg rate charged by the CIty for off-street parkmg on
Clearwater Beach or three dollars and seventy-five cents ($375) per hour,
wluchever IS greater
5.06 Parking Easement. PelIcan Walk shaH grant a parkIng easement m the ParkIng Garage
SIte and the ParkIng Garage on the terms and condItIOns set out m tills Agreement
mdudmg the term of thirty (30) years m sectIon 13 13 of tlus Agreement wluch shall
specrfically apply to saId parkmg easement The reqUIred easement shall be substantIally
m the form of Exlubit B to be attached to tlus Agreement and shall be delIvered to the
CIty pnor to payment of any part of the grant-m-ald provIded for m the Agreement
PelIcan Walk understands and agrees that such easement WIll be recorded by the CIty
Pelican Walk Parlang Garage Development Agreement
9 of 29
July 8, 2003
/" -
ARTICLE 6. CITY OBLIGATIONS.
6,01 Financial Grant in Aid The CIty agrees to make a grant III aId to PelIcan Walk m
support of the desIgn and constructlon of the Parkmg Garage III the amount of one
rmllIon and four hundred thousand dollars ($1,400,00000) The grant III atd WIll be paId
to PelIcan Walk as proVlded for m subsectIOn 6 07 of tins Agreement As condItlon
precedent to any payments of the grant atd, Pehcan Walk shall proVlde the CIty WIth a
sworn statement specIfically descnbmg the costs mcurred for whIch reImbursement IS
elIgtble together WIth a sworn statement of the percentage (%) completed for the Parkmg
Garage
6.02 Payment of the Grant in Aid. The CIty agrees to pay the grant In atd to PelIcan Walk, m
accordance With the followmg
a. Upon completIon of the constructIon plans for the Parkmg Garage and the
iSsuance of a bruldmg penmt by the CIty, the CIty shall rermburse PelIcan Walk
for the actual cost of prepanng the schematIc, prehnunary, and final constructIOn
plans m an amount not to exceed fifteen percent (15%) of the total project budget
b Upon completIon of tlurty three percent (33%) of the constructIon of the Parlang
Garage, the City shall pay Pelican Walk one thrrd (1/3rd) of the rematmng unpaId
grant m atd (grant in atd less reImbursement payment for the cost of prepanng the
schematIc, prelrmmary, and final constructlon plans)
c Upon completIon of SiXty-SIX percent (66%) of the constructIon of the Parlang
Garage, the CIty shall pay PelIcan Walk for one thrrd (l/3rd) of the remairung
unpatd grant in atd (grant m aId less reunbursement payment for the cost of
preparing the schematIc, prelImmary, and final construction plans)
d. Upon iSSuance of a final certlficate of occupancy, the City shall pay Pehcan Walk
the balance of the remaInmg unpaId grant m aid (grant m aid less retmbursement
payment for the cost of prepanng the schematIc, prelImmary, and final
constructlon plans)
6.03 Enforcement of Municipal Parking Regulations. The CIty agrees to take all reasonable
and necessary steps to enforce each and every eXIstmg muruClpal regulatIon WItlun one
thousand (1,000) feet of the closest part of the Parkmg Garage SIte
6.04 Construction of Additional Off-Street Parking Spaces in the Immediate Vicinity.
The CIty understands and agrees that as a party to tlus Agreement, Pehcan Walk assumes
certam finanCial risks wluch may be adversely affected by the constructIOn of addlttonal
off-street parkmg spaces In the rmmedlate Vlclmty of the Parlang Garage Site In
consIderatIon thereof, the CIty agrees that 10 the event the City detennmes, wlthm five (5)
Pelican Walk Parking Garage Development Agreement
10 of 29
July 8, 2003
years after the Issuance of a final certdicate of occupancy for the Parkmg Garage, that
addItIOnal off-street CIty owned or financIally supported parkmg spaces open to the
pubhc located Wlthm one thousand (1,000) feet of any portlOn of the Parkmg Garage SIte
are necessary and appropnate, the CIty agrees the CIty WIll provtde PelIcan Walk WIth
wntten notIce of Its detenmnatlOn, and that m that event.
a PelIcan Walk shall have a first nght to construct an addItIOnal two hundred (200)
off-street parlang spaces to meet the need for addItIOnal off-street parlang spaces
wluch the CIty has detenruned are necessary and appropnate, provided that such
addluonal off-street parking spaces are open to the publIc on an equal, first come,
first served basIS subject to the terms of thts Agreement as proVIded m sectIOn
1313
b In the event that PelIcan Walk opts to exerCIse Its first nght to construct at least
two hundred (200) addItIonal off-street parlang spaces,-PelIcan Walk shall gIve
the CIty wntten nohce of Its mtent Wlthtn thrrty (30) days after receipt of the
City'S wntten nouce of the City'S determmatIOn that addItIonal spaces are
necessary and appropnate
c In the event that Pelican Walk gIves the CIty nouce of ItS mtent to construct at
least tv.ro hundred (200) addIuonal off-street parlang spaces, PelIcan Walk shall
commence constructlon of the addiuonal spaces wrtlnn SIX (6) months of the date
ofPehcan Walk's wntten notlce
d In the event that PelIcan Walk gIves the CIty notIce of ItS mtent to construct at
least two hundred (200) addItIonal off-street park:mg spaces, PelIcan Walk shall
be solely responsIble for the cost of constructIOn of the addttlOnal parlang spaces
e In the event that PelIcan Walk: exerCISes Its first nght to construct at least two
hundred (200) addItIonal off-street parlang spaces, the CIty agrees that the CIty
WIll not use or cause to be used, publIc funds for the constructIOn of any
additional off-street parkmg spaces witlnn one thousand (1,000) feet of any
portIon of the Parlang Garage Site for a penod of five (5) years from the date of
CertIficate of Occupancy of the additional spaces or untIl Pehcan Walk shall have
aclueved a StabIlIzed Occupancy for the total number of off-street parkmg spaces
m the expanded Parlang Garage, so long as the addrtlOnal parkmg spaces are open
to the publIc on an equal first come, first served basIS For the purposes of thIS
subsectIOn, StabIlIzed Occupancy shall mean that sIxty-five percent (65%) of the
total number of parking spaces III the Parkmg Garage (after the constructIon of the
addItIonal parlang spaces) are OCCUpIed on an average of four (4) hours of per
day, three hundred and SIxty five (365) days per year
OSTAB ::::;-
K =
StabIlized Occupancy
Number ofParkmg Spaces
Pelican Walk Parking Garage Development Agreement
11 of 29
July 8, 2003
OAVO = Average Percent ofParkmg Spaces OCCUpIed (65%)
HAVO = Average Number of Hours OCCUpIed per Day (4)
OSTAB =(OAvo)(HAvo)(K)(DA YS)
QSTAII =( 65)(4)(K)(365)
f Pelican Walk wIll conduct and submIt to the CIty sworn affidaVIts of annual audIts
of occupancy Includmg all spaces OCCUpIed whether by pay parkmg or by
vahdanon based on an mitIal date of Certificate of Occupancy of either the first or
second phase of oonstructlOn unTIl stabIlIzed occupancy IS achieved or the
apphcable tImetTarne has expired
g In the event that PelIcan Walk opts not to exerCIse Its first nght to construct at least
two hundred (200) addiTIonal off-street parkmg spaces, the City shall be free to
construct addItional off-street parkmg spaces wIthm one thousand (1,000) feet of
any portion of the Parkmg Garage SIte WIthout regard to the level of occupancy
aclueved by PelIcan Walk
h. NotwIthstanding any other proVISIon of tlus Agreement, mcludmg the proVlslOns
of thIs subsection 6 04, the City and PelIcan Walk understand and agree that the
City shall retam the nght to construct or fund additIonal off-street parkmg spaces
WIthin one thousand (1,000) feet of any portlOn of the Parking Garage SIte, If the
City detennmes that such off-street parkmg IS a necessary element of a proposed
DestInatIon Resort development undertaken in accordance WIth the proVISIOns of
Beach by DeSIgn
ARTICLE 7. INDE:MNIFICATION OF THE CITY BY PELICAN WALK.
7.01 Indemnification.
a. PelIcan Walk agrees to mdemrufy, defend and hold harmless, the CIty, Its
respectIve agents, officers, or employees from any and all habllItIes, damages,
penalties, Judgments, c1anns, demands, costs, losses, expenses or attorneys' fees
through appellate proceedmgs, for personal lDJury, bodtly mJury, death or property
damage ansmg out of, or by reason of any act or omISSIon of Pelican Walk, ItS
agents, employees or contractors ansmg out of, III connectIon WIth or by reason of,
the performance of any and all SerY1ces covered by tlus Agreement, or wInch are
alleged to have ansen out of, m connectlOn WIth or by reason of, the performance
of any and all semces covered by tlus Agreement, or wrnch are alleged to have
arisen out of, In connectIOn With, or by reason of, the performance of such
ServIces
Pehcan Walk Parking Garage Development Agreement
12 of 29
July 8, 2003
b. PelIcan Walk shall mdemmfy, defend and hold hannless the CIty, Its officers and
employees from any and all lIabIlItIes, damages, costs, penalties, Judgments,
c1arms, demands, losses, Of expenses (mc1udmg, but not IUhlted to, actual
attorneys' fees and engmeenng fees) ansmg from or attnbutable to any breach by
Pelican Walk of any dutIes, responsIbIlIties, oblIgatIons or covenants contamed m
this Agreement.
c. PelIcan Walk's mdemnity obhgatIons under subsectIons (a) and (b) of tins Article
shall end and be of no future force and effect after the ConstructIOn CompletIOn
Date
ARTICLES. REPRESENTATIONS, WARRANTIES AND COVENANTS OF PELICAN
WALK.
8.01 Representations and Warranties. PelIcan Walk represents and warrants to the City that
each of the follOWIng statements IS currently true and accurate and agrees that the CIty
may rely upon each of the following statements
a Pehcan Walk is a Flonda corporation duly orgaruzed and valIdly eXIstIng under the
laws of the State of Flonda, has all reqUISite power and authonty to carry on Its
busrness as now conducted, to own or hold Its properties and to enter mto and
perform Its oblIgations hereunder and under each document or mstrument
contemplated by tins Agreement to whIch lt IS or WIll be a party, IS qualIfied to do
busmess in the State of Flonda, and has consented to ServIce of process upon a
deSignated agent for ServIce of process rn the State ofFlonda
b Tlus Agreement has been duly authonzed by all necessary actIOn on the part of,
and has been or WIll be duly executed and delIvered by, Pelican Walk, and neIther
the executIOn and delIvery thereof, nor comphance WIth the terms and proVISIOns
thereof or hereof: (i) requires the approval and consent of any other party, except
such as have been duly obtarned or as are specIfically noted herem, (ii)
contravenes any existmg law, Judgment, governmental rule, regulation or order
applIcable to or brndmg on Pehcan Walk, (m) contravenes or results m any breach
of, default under or, other than as contemplated by thIs Agreement, results m the
creatIon of any hen or encumbrance upon any property of PelIcan Walk under any
mdenture, mortgage. deed of trust, bank loan or credIt agreement, P ehcan Walk's
ArtIcles of Incorporation, or, any other agreement or mstrument to whtch Pehcan
Walk IS a party Of by whIch Pehcan Walk may be bound.
c. Tlus Agreement and any document contemplated or reqUIred by tins Agreement to
wmch PelIcan Walk is or Will be a party constItutes, or when entered mto WIll
constitute, a legal, valld and bmdmg oblIgatIOn of PelIcan Walk enforceable
Pelican Walk Parking Garage Development Agreement
13 of 29
July 8, 2003
agamst PelIcan Walk In accordance WIth the terms thereof, except as such
enforceabilIty may be lImIted by applIcable bankruptcy, Illsolvency or slImlar laws
from time to tune III effect whIch affect crechtors' nghts generally and subject to
usual eqUItable pnnclples III the event that eqUItable remedIes are mvolved
d There are no pendmg or, to the knowledge of PelIcan Walk, threatened actIOns or
proceedmgs before any court or admlmstratIve agency agamst PelIcan Walk, or
agamst any controllmg shareholder, officer, employee or agent of PelIcan Walk,
whIch could affect the valIdIty of tins Agreement or any document contemplated
hereunder, or whIch are likely In any case, or m the aggregate, to matenally
adversely affect the consummatIOn of the dunes and oblIgatIOns contemplated m
tlns Agreement or the financIal condItion of PelIcan Walk
e. PelIcan Walk has filed or caused to be filed all federal, state, local and foreIgn tax
returns, If any, whIch were reqUIred to be filed by PelIcan Walk, and has paId, or
caused to be pald, all taxes shown to be due and payable on such returns or on any
assessments levied agamst Pelican Walk
f. The pnncIpal place of bus mess and pnnclpal executive offices of PelIcan Walk IS
CleaIWater, Flonda, and PelIcan Walk agrees to malntam records concernmg the
Parking Garage (such as construction contracts, financmg docwnents and
corporate documents) and all contracts, lIcenses and s11TI11ar nghts relatmg thereto
at an office m Pmellas County
g. PelIcan Walk has the financIal capabIlity to carry out Its oblIgatIOns and
responsIbIlIties 10 connection With the development of the Parlang Garage as
contemplated by this Agreement
h. PelIcan Walk has the expenence, expertise, and capabIlIty to develop, cause the
construction, and complete the Project and, oversee and manage the deSIgn,
plannmg, construcTIon, completIon and opemng for bus mess of the Parlang
Garage
8.02 Covenants_ Pelican Walk covenants WIth the City that untIl the Construction CompletlOll
Date.
a PelIcan Walk shall tImely perform or cause to be performed all of the obhgatIons
contained herem whIch are the responsIbIlity ofPehcan Walk to perform
b Dunng each year that thIs Agreement and the oblIgatIons of PelIcan Walk under
thIs Agreement shall be III effect, Pelican Walk shall cause to be executed and to
contmue to be In effect those Instruments, documents, certIficates, permits,
Pelican Walk Parking Garage Development Agreement
14 of 29
July 8,2003
lIcenses and approvals and shall cause to occur those events contemplated by tins
Agreement that are applIcable to, and that are the responsIbIlIty of, PelIcan Walk
c PelIcan Walk shall asSIst and cooperate wIth the CIty to accomplIsh the
development, operatIOn, and mamtenance of the Parkmg Garage by PelIcan Walk
m accordance WIth the Plan and SpecIficatIOns, and thIs Agreement, and WIll not
VIOlate any laws, ordmances, rules, regulatIOns, orders, contracts or agreements
that are or will be applIcable thereto
d Subsequent to the EffectIve Date, PelIcan Walk shall mamtam Its financIal
capabIlIty to develop, construct, complete, operate and mamtam the Parkmg
Garage and shall promptly notIfy the City of any event, condItion, occurrence, or
change 10 Its finanCIal condItion wmch adversely affects, or ~VIth the passage of
tIme IS lIkely to adversely affect, PelIcan Walk's financIal capabIlIty to
successfully and completely construct, complete, operate and mamtam the Parkmg
Garage as contemplated hereby
e. Pehcan Walk shall promptly cause to be filed when due all federal, state, local and
foreIgn tax returns reqUIred to be filed by It, and shall promptly pay when due any
tax reqwred thereby.
f PelIcan Walk shall mamtam Its eXIstence, WIll not dIssolve or substantIally
dIssolve all of Its assets and WIll not consolIdate With or merge mto another
corporation, lImIted partnershIp, or other entity or permIt one or more other
corporations or other entity to consolIdate WIth or merge mto It WIthOut the pnor
approval of the City unless PelIcan Walk retams a controllmg Interest 10 the
consolIdated or merged corporatIOn, and WIll promptly notIfy the City of any
changes to the eXIstence or form of the corporation or any change In the
controllIng shareholders, officers or dIrectors of PelIcan Walk.
g. PelIcan Walk shall not sell, lease, transfer or otherwIse dIspose of all or
substantIally all Its assets without adequate conSIderatIon and wIll otherwIse take
no actIon WhICh shall have the effect, smgularly or m the aggregate, of rendenng
PelIcan Walk unable to contmue to observe and perform the covenants,
agreements, and condItIons hereof and the performance of all other oblIgatIons
reqUIred by this Agreement
h PelIcan Walk shall deslgn, construct and complete the Parkmg Garage such that It
IS substantIally complete as prOVIded m tms Agreement no later than the Project
CompletIOn Date
Pelican Walk Parlang Garage Development Agreement
15 of 29
July 8, 2003
1 In the event that PelIcan Walk shall convey any mterest m the Parkmg Garage SIte,
PelIcan Walk shall obtam a wntten affidavit of acknowledgment of the obltgatIons
of the Agreement and promise a copy of the affidaVIt to the CIty
ARTICLE 9. REPRESENTATIONS, WARRANTIES AND COVENANTS OF THE CITY.
9.01 Representations and Warranties The City represents and warrants to the Developer
that each of the followmg statements IS currently true and accurate and agrees that the
Developer may rely on each of the follOWIng statements
a. The CIty IS a valIdly eXIsting body corporate and politIC of the State of Flonda,
has all requisIte corporate power and authonty to cany on ItS busmess as now
conducted and to perform Its cbhf";ations hereunder and under each document or
mstrument contemplated by this Agreement to wInch It IS or wIll be a party
J
b TIns Agreement and each document contemplated or reqUIred by tIns Agreement
to which the CIty IS or wIll be a party have been duly authonzed by all necessary
action on the part of, and have been or Will be duly executed and dehvered by, the
CIty, and neither the execution and delIvery thereof, nor compliance With the tenns
and proVISIOns thereof or hereof (i) requrres the approval and consent of any other
party, except such as have been duly obtamed or as are specrfically noted herem,
(11) contravenes any eXistIng law, Judgment, governmental rule, regulation Of order
applIcable to Of bmdmg on the City, (Iii) contravenes or results III any breach of, or
default WIder or, other than as contemplated by tIns Agreement, results III the
creation of any lIen or encumbrance upon any property of the CIty under any
indenture, mortgage, deed of trust, bank loan or credit agreement, apphcable
ordinances, resolutlons or, on the date of dus Agreement, any other agreement or
mstrument to wluch the CIty is a party, specIfically mcludmg any covenants of any
bonds, notes, or other forms of Indebtedness of the CIty outstandmg on the
EffectIve Date
c. TIns Agreement and, to the extent such documents presently eXIst In a form
accepted by the City and Pehcan Walk, each docwnent contemplated or reqUired
by tIns Agreement to wluch the CIty IS or WIll be a party constitute, or when
entered mto WIll constitute, legal, valid and bmdmg obligations of the CIty
enforceable agamst the CIty in accordance WIth the terms thereof, except as such
enforceabIlIty may be Imuted by publIc polIcy or applIcable bankruptcy,
msolvency or sunilar laws from tIme to tune in effect wInch affect credItors I nghts
generally and subject to usual eqUItable pnncIples ill the event that eqUItable
remedIes are mvolved
Pelican Walk Parking Garage Development Agreement
16 of 19
July 8, 2003
"
9.02 Covenants The CIty covenants WIth PelIcan Walk
a The CIty shall tImely perform, or cause to be performed all of the obltgatIOns
contamed herem whIch are the responsIbIlIty of the CIty to perform
b Dunng each year that thIS Agreement and the oblIgatIOns of the CIty under thIS
Agreement shall be in effect, the CIty shall cause to be executed and to contmue to
be m effect those mstruments, documents, certIficates, permIts, lIcenses and
approvals, and shall cause to occur those events contemplated by thIs Agreement
that are applIcable to and are the responslblhty of the CIty
c The CIty shall asSIst and cooperate With Peltcan Walk to accomplIsh the
development of the ParkIng Garage In J1ccordance w:1.1] tlus Agreement and the
Plans and SpecificatIons, wIll carry out Its dutIes and responSIbIlItIes contemplated
by this Agreement, and w1l1 not VIolate any laws, ordmances, rules, regulatIOns,
orders, contracts, or agreements that are or wIll be applIcable thereto, and, to the
extent penmtted by law, the City wIll not enact or adopt or urge or encourage the
adoptIon of any ordlllances resolutIons, rules regulatIons or orders or approve or
enter mto any contracts or agreements, mcludmg ISSUing any bonds, notes, or other
forms of indebtedness, that WIll result m any proVISIon of this Agreement to be m
VIolatIon thereof
ARTICLE 10 DEFAULT.
10.01 Failure of Pelican Walk to Commence Construction of the Parking Garage. In the
event that PelIcan Walk shall fad to commence constructIon of the ParkIng Garage WIthin
twelve (12) months after the EffectIve Date of this Agreement, the CIty shall have the
nght to give PelIcan Walk written nonce that tIns Agreement has termmated and shall be
of no further force and effect In the event that the CIty shall have reImbursed PelIcan
Walk for the preparation of schematic, prehmmary and final constructIon plans for the
proposed Parlang Garage, at the CIty'S optIon' 1) Pehcan Walk shall repay the CIty all
Money paId to Pehcan Walk, or 2) all deSIgns, draWings and other documents and the
tntellectual property they constItute shall become the property of the CIty
10.02 Failure of Pelican Walk to Complete Construction of the Parking Garage.
a In the event that Pelican Walk shall commence constructIOn of the Parkmg Garage
and thereafter cease work on the constructIon of the Parkmg Garage pnor to
Issuance of a final certJ.ficate of occupancy, such CIrcumstances shall constItute an
event of default; and the CIty, may gIve PelIcan Walk wntten nonce of the CIty'S
mtent to declare Pelican Walk to be rn default and the CIty'S rntent to cure the
default
Pelican Walk Parlung Garage Development Agreement
17 of 29
July 8, 2003
b In the event the City gIves Pehcan Walk wntten notIce of default and mtent to
cure, Pehcan Walk shall have SIxty (60) days m wrnch to cure the default and re~
commence constructlOn of the Parkmg Garage In the event that PelIcan Walk shall
fall to cure the default by re-commencmg constructIon, the CIty shall have the
nght to draw upon the constructIOn completlOn secunty and to cause the
constructlOn of the Parkmg Garage to be completed
c In addItIon to the nght of cure establIshed m subsectIOn b of thIS sectIOn, m the
event that the constructIon completlOn secunty IS msufficlent to complete
constructlOn of the parkmg garage, the CIty shall have the nght to cause the garage
to be <completed and to place a hen on the Parlang Garage SIte equal to the
addltlOoal cost of completIng constructlOo In such event, the CIty shall be entItled
to operate the parkmg g2rage for the benefit of PelIcan Walk and the CIty unlil
such tune as the addItIOnal cost to complete IS repaId.
10.03 Failure of Pelican Walk to Operate the Parking Garage in Accordance with the
Requirements of the Agreement. In the event that PelIcan Walk should fall to comply
Wlth any requrrement of thIS Agreement WIth regard to the operatIOn and maIntenance of
the Parkmg Garage, then the CIty shall have a nght of speCIfic performances and shall be
entItled to actual damages In the event of such !ttlgahon, the prevaIlmg party shall be
entItled to recover its costs and attorneys' fees from the other party
10.04 Failure of City to Enforce Municipal Parking Regulations In the event that the CIty
should fall to enforce muniCIpal parkmg regulatIons as provIded for m section 6 03 of tlus
Agreement, PelIcan Walk may, after gIvmg the CIty wntten notIce of such faIlure and the
CIty thereafter faIls to cure such failure Wltlun fifteen (15) days of receIpt of such notIce,
seek JudIcial enforcement of Its nghts under sectIon 6.03 of tlus Agreement. In the event
that the PelIcan Walk shall prevaIl In a JUdICIal proceedmg to enforce the prOVISIOns of
sectIon 6 03 of tins Agreement, the CIty shall reImburse PelIcan WaIk for Its attorneys'
fees and cost Incuning In enforcing PelIcan Walk's nghts pursuant to thIS Agreement
10.05 Obligations, Rights and Remedies Cumulative. Unless speCIfically stated herem to the
contrary, the speCIfied nghts and remedies to whIch the CIty IS entltled under thlS
Agreement are not exclUSIve and are mtended to be m additIOn to any other remedIes or
means of redress to which the City may lawfully be entItled and are not speCIfically
prolublted by th1s Agreement
10.06 Non-Action on Failure to Observe Provisions of this Agreement The faIlure of the
City or PelIcan Walk to promptly or contmually mSlst upon stnct performance of any
term, covenant, condlhon or provlSlon of th1s Agreement, or any Exlublt hereto, or any
other agreement, Instrument or document of whatever form or nature contemplated hereby
shall not be deemed a waIver of any nght or remedy that the CIty or Pe!tcan Walk may
Pelican Walk Parking Garage Development Agreement
18 of 29
July 8, 2003
have, and shall not be deemed a Walver of a subsequent default or nonperformance of such
term, covenant, condrb.on or provlSlon
ARTICLE 11
UNAVOIDABLE DELAY.
11.01 Unavoidable Delay.
a. Any delay in performance of or mablllty to perform any obhgatIon under t1us
Agreement (other than an obligatlon to pay money) due to any event or condttIon
described in paragraph (b) as an event of "UnavOidable Delay" shall be excused m
the menner proVIded m tlus SectIon 11.01
b. "UnavOIdable Delay" means any of th~ fellowing events or conditIons not
currently eXIsting at the effectIve date of tlus Agreement or any combmatlOn
thereof. acts of God, acts of the pubhc enemy, not, insurrection, war, pestIlence,
archaeological excavations required by law, unavailability ofmatenals after timely
ordering of same, epidemics, quarantme restnctions, freight embargoes, fire,
hghtmng, hum canes, earthquakes, tornadoes, floods, extremely abnormal and
excessively inclement weather (as indIcated by the records of the local weather
bureau for a five year period precedmg the Effective Date), stnkes or labor
disturbances, delays due to proceedings under Chapters 73 and 74, Florida
Statutes, restoration in connection with any of the foregoing or any other cause
beyond the reasonable control of the party perfonnmg the obhgation in questIon,
mcluding, without limitatIon, such causes as may anse from the act of the other
party to thts Agreement, or acts of any governmental authority (except that acts of
the CIty shall not constItute an UnavOidable Delay with respect to performance by
the City)
c. An application by any party hereto (referred to in thts paragraph (c) and in
paragraph (d) as the "Applicant") for an extensIOn of tune pursuant to tlns
subsectIon must be m wntmg, must set forth ill detaIl the reasons and causes of
delay, and must be filed With the other party to tIns Agreement withm seven (7)
days followmg the occurrence of the event or condItion causing the UnavOIdable
Delay or seven (7) days following the Appltcant becoming aware (or WIth the
exercise of reasonable d1l1gence should have become aware) of such occurrence
d. The Applicant shall be entitled to an extenSIOn of tune for an UnavOIdable Delay
only for the number of days of delay due solely to the occurrence of the event or
conditIon causing such Unavoidable Delay and only to the extent that any such
occurrence actually delays that party from proceedmg WIth Its nghts, dutIes and
obltgatlons under tlus Agreement affected by such occurrence
Pelican Walk Parking Garage Development Agreement
19 of 29
July 8, 2003
ARTICLE 12
FIRE OR OTHER CASUALTY; CONDEMNATION.
12.01 Loss or Damage to Parking Garage.
a For a penod of tlurty (30) years after the Issuance of a final certlficate of
occupancy by the City for the Parlang Garage, and WIthout regard to the extent or
avaIlabIlIty of any Insurance proceeds, PelIcan Walk covenants and agrees to
dIlIgently commence and complete the reconstructIOn or reparr of any loss or
damage caused by fire or other casualty to each and every part of the Parkmg
Garage to substantially the same SIZe, floor area, cubiC content and general
appearance as eXIsted prior to the occurrence of such loss or damage, promptly
after the CIty approves the Plans and SpecIfications for such reconstructIOn or
repans.
b The CIty shall reVIew the Plans and SpecIfications for such reconstructIOn or
repaIrs as soon as possible after filIng thereofby Pehcan Walk The City agrees to
approve the Plans and SpecificatIOns for such reconstructIon or repaIrs If the
reconstructIon or repairs contemplated by such Plans and SpecIficatrons WIll
restore the Parkmg Garage, or the damaged portIon thereof, to substantially the
same condItion as eXIsted pnor to the occurrence of such loss or damage and If
such Plans and SpecIfications conform to the applicable laws, ordmances, codes,
and regulatIOns In effect at the tIme of filing WIth the City of the Plans and
Specifications for such reconstructIon or repatrs
c If Peltcan Walk fads to repair or restore any SIgnificantly damaged portIon of the
Project, the CIty may, at Its electton and after tlurty (30) days notice to Peltcan
Walk, bnng an actton m a court of competent junsdlctIon to compel PelIcan Walk
to repatr or restore such damage. Cn the event of such lItigatIOn, the prevatlIng
party shall be entItled to recover Its costs and attorneys' fees from the other party.
12.02 Project Insurance Proceeds
a Whenever the Parlang Garage or any part thereof, shall have been damaged or
destroyed, Pelican Walk shall promptly make proof of loss and shall proceed
promptly to collect, or cause to be collected, all valId claims wInch may have
ansen agamst msurers or others based upon such damage or destructIon
b Peltcan Walk agrees that all proceeds of property or casualty Insurance receIved by
Pelican Walk as a result of such loss or damage shall be aVaJ.lable and shall be used
for payment of the costs of the reconstructton or repair of the Parlang Garage to
the extent necessary to reparr or reconstruct the Parkmg Garage
Pelican Walk Parking Garage Development Agreement
20 of 29
July 8, 2003
12.03 Notice of Loss or Damage to Parking Garage Pehcan Walk shall promptly gtve the
CIty wntten nouce of any sIgruficant damage or destructIOn to the Parlang Garage statmg
the date on whIch such damage or destructIOn occurred, the expectations of Parkmg
Garage as to the effect of such damage or destructIon on the use of the Parlang Garage and
the proposed schedule, if any, for reparr or reconstruction of the Parkmg Garage
ARTICLE 13
MISCELLANEOUS
13.01 Assignments by Pelican Walk
a Pnor to the Commencement Date, Pehcan Walk may sell, convey, asSIgn or
othefW1se dispose of any or all of Its nght, title, mterest and oblIgatIOns III and to
the ParkIng Garage Sltt~ and the Parlang Garage, or any part thereof, only WIth the
pnor written consent of the City, such consent shall not be unreasonably WIthheld
proVIded that such party (heremafter referred to as the "asslgnee"), to the extent of
the sale, conveyance, assignment or other msposltIon by Pehcan Walk the
Developer to the asSIgnee, shall be bound by the tenns of tlus Agreement the same
extent as PelIcan Walk
/
b
If the assignee of Pelican Walk's right, title, mterest and oblIgatIons ill and to the
Parlang Garage assumes all of Pehcan Walk's obligations hereunder for the
Parking Garage, then PelIcan Walk shall be released from all such oblIgatIons
hereunder wInch have been so assumed by the aSSIgnee, and the CIty agrees to
execute an instrument eVIdencmg such release, whIch shall be m recordable fonn
c. An assignment of the Parlang Garage, or any part thereof, by PelIcan Walk to any
corporation, linuted partnerslnp, general partnershIp, or Jomt venture, m wluch
PelIcan Walk IS the or a general partner or has eIther the controllIng mterest or
through a Jomt venture or other arrangement shares equal management nghts With
a finanCIal mshtution and mamtams such controllmg mterest or equal management
nghts shall not be deemed an asSIgnment or transfer subject to any restrIctIOn on or
approvals of assignments or transfers unposed by this SectIon 13 0 I, proVIded,
however, that notice of such asSIgnment shall be gtven by PelIcan Walk to the Clty
not less than thirty (30) days prior to such asSIgnment bemg effectIve and the
asSIgnee shall be bound by the terms of tills Agreement to the same extent as
would Pelican Walk m the absence of such asSIgnment
13.02 Su~cessors and Assigus The terms and oblIgatIons herem contamed shall bmd and mure
to the benefit of the City and PelIcan Walk and Its successors and asSIgns, includmg any
lessee of the Parlang Garage. In the event that PelIcan Wa1k enters mto a lease of the
Park:mg Garage or sells the Parkmg Garage and real property, the oblIgatIOns of tms
Agreement shall be enforceable agwnst Pelican Walk and Its lessee or successor until the
Pelican Walk Parking Garage Development Agreement
21 of 29
July 8, 2003
ConstructIOn CompletIOn Date, at WhICh time PelIcan Walk shall be released from any
further oblIgations dunng the term of such lease, so long as PelIcan Walk has no
oblIgatIOns or nghts to operate the Parlang Garage
13.03. Notices
a All notIces, demands, requests for approvals or other commurucatIons gtven by
eIther party to another shall be rn vmtrng, and shall be sent by regtstered or
certIfied mail, postage prepaId, return receIpt requested or by conner ServIce, or by
hand dehvery to the office for each party mdIcated below and addressed as
follows'
To Pelican Wall<:
Nickolas C. EkonoIDldes
Nickolas C. Ekonomides, P A
791 Bayway Boulevard
Cleanvater, FL 33767
To the City:
Pamela Alan, CIty Attorney
CIty of Clearwater
POBox 4748
Clearwater, FL 33758-4748
b. NotIces gIven by couner ServIce or by hand delivery shall be effective upon
dehvery and notices gIven by mail shall be effective on the tInrd (3rd) business day
after maihng. Refusal by any person to accept dehvery of any notlce dehvered to
the office at the address mdlcated above (or as It may be changed) shall be deemed
to have been an effective delivery as proVIded rn tIns Sectlon 13 03 The addresses
to wmch notIces are to be sent may be changed from tIme to tune by wntten notIce
dehvered to the other parties and such notIces shall be effectIve upon receipt
Until notice of change of address is receIved as to any particular party hereto, all
other partIes may rely upon the last address given
13.04. Applicable Law and Construction. The laws of the State of Flonda shall govern the
vahdlty, performance and enforcement of this Agreement TIns Agreement has been
negotIated by the City and Pehcan Walk, and the Agreement, rndudmg, WIthout hrmtatIon,
the ExlnbIts, shall not be deemed to have been prepared by the CIty or PelIcan Walk, but by
all equally
13.05. Venue; Submission to Jurisdiction
a For purposes of any SUIt, achon, or other proceedmg ansmg out of or relatmg to
tlus Agreement, the partIes hereto do acknowledge, consent, and agree that venue
thereof IS Pmellas County, Flonda.
Pelican Walk Parlo.ng Garage Development Agreement
22 of 29
July 8, 2003
b Each party to thIs Agreement hereby submlts to the junsdIctIon of the State of
Flonda, Pmellas County and the courts thereof and to the junsdIctIOn of the Umted
States DIStnct Court for the MIddle DIStnct of Flonda, for the purposes of any SUIt,
actIOn, or other proceedmg ansmg out of or relatmg to thIS Agreement and hereby
agrees not to assert by way of a mouon as a defense or otherwIse that such actIon
IS brought m an mconvenient forum or that the venue of such actIOn IS Improper or
that the subject matter thereof may not be enforced m or by such courts
c If at any ume dunng the term oftlus Agreement, PelIcan Walk IS not a reSIdent of
the State of Flonda or has no office, employee, or general partner thereof avmlable
for seTVlce of process as a reSIdent of the State of Flonda, or If any penmtted
assignee thereof shall be a foreIgn corporatiOn, partnershIp or other entIty or shall
have no officer, employee, agent, or general partner aVaIlable for serv.tce of
process m the State of Flonda, PelIcan Walk hereby desIgnates the Secretary of
State. State of Flonda, ItS agent for the sefV1ce of process 10 any court actJOn
between It and the City. or both, ansmg out of or relatmg to tlus Agreement and
such Servlce shall be made as proVIded by the laws of the State of Flonda for
service upon a non-resident, proVIded, however, that at the tune of servtce on the
Flonda Secretary of State, a copy of such service shall be delIvered to PelIcan
Walk. at the address for notices as prOVIded In 13 03.
13.06. Complete Agreement; Amendments
a TIns Agreement, and all the terms and proVIsions contamed herem, mcludmg
WIthout hD1ltatIOn the Exlubits hereto, constItute the full and complete agreement
between the parties hereto to the date hereof, and supersedes and controls over any
and all pnor agreements, understandmgs, representatIOns, correspondence and
statements, whether wntten or oral
b Any proVISIOn of tlus Agreement shall be read and applIed in para matena WIth all
other proVISIOns hereof
c TIns Agreement cannot be changed or reVIsed except by wntten amendment SIgned
by all parties hereto.
13,07. Captions The artIcle and sectlOn headmgs and captIOns of thIS Agreement and the table
of contents precedmg thIS Agreement are for convemence and reference only and m no
way define, lImIt, descnbe the scope or mtent of tins Agreement or any part thereof, or m
any way affect tlus Agreement or construe any artIcle, sectIon, subsectIon, paragraph or
proVISion hereof.
Pelican Walk Parking Garage Development Agreement
23 of 29
July 8,2003
13.08. Holidays It IS hereby agreed and declared that whenever a notIce or performance under
the terms of thIS Agreement IS to be made or gIven or any time penod ends on a Saturday
or Sunday or on a legal holiday observed In the CIty, It shall be postponed to the next
followmg bUSIness day
13,09, Exhibits. Each ExlubIt referred to and attached to tlns Agreement IS an essentlal part of
thIS Agreement The Exlublts and any amendments or reVISIOns thereto, even If not
phYSIcally attached hereto shall be treated as If they are part of thIS Agreement
13.10. Not an Agent of City Dunng the term of tIns Agreement, PelIcan Walk: hereunder shall
not be an agent of the CIty WIth respect to any and all semces to be performed by PelIcan
Walk (and any of its agents, asSIgns, or successors) WIth respect to the Parkmg Garage
13.11 Public Purpose. The partIes acknowledge and agree that thIS Agreement satisfies, fulfills
and IS pursuant to and for a publIc purpose and munIcIpal purpose and IS In the publIc
Interest, and IS a proper exercIse of the City's power and authonty
13.12. No General Obligation In no event shall any oblIgatIOn of the CIty under thiS
Agreement be or constitute a general oblIgation or mdebtedness of the City or the CIty, a
pledge of the ad valorem wung power of the CIty or the City or a general oblIgatIOn or
Indebtedness of the CIty or the City wIthm the meamng of the Constitution of the State of
Flonda or any other applIcable laws, but shall be payable solely from legally avaIlable
revenues and funds. Neither PelIcan Walk nor any other party under or beneficIary of tins
Agreement shall ever have the nght to compel the exerCIse of the ad valorem taxmg power
of the City, the CIty or any other govennnental entlty or taxation III any form on any real
or personal property to pay the CIty'S or the CIty'S obhgatIons or undertakmgs hereunder.
13.13. Term; Expiration. TIns Agreement shall expIre and no longer be of any force and effect
on the thIrtieth (30th) anmversary of the Issuance of a final certificate of occupancy for the
Parking Garage
13,14 Effective Date. Upon execution oftlns Agreement by the authonzed officers of the Ctty
and by autbonzed representatives of PelIcan Walk follOWIng approval hereof by the Ctty
ComrmsslOn and the Board of DIrectors of Pehcan WaIk, tins Agreement shall then be III
full force and effect In accordance WIth ItS terms and the date of such executIOn shall be
the Effective Date
13.15. Approvals Not Unreasonably Withheld The partIes hereto represent that It IS theIr
respective mtent as of the Effective Date and do covenant and agree III the future that all
approvals, consents, and reVIews WIll be undertaken and completed as expedItiously as
pOSSIble, m good faIth, and wIll not be arbltranly or unreasonably WIthheld, unless
othetwlse expressly authonzed by the terms of thIS Agreement
Pehcan Walk Parkmg Garage Development Agreement
24 of 29
July 8, 2003
IN WITNESS WHEREOF, the partIes hereto have set theIr hands and thetr respectIve
seals affixed as of this a...b4k- day of August 2003
Countersigned.
Approved as to form:
~fL1/~ -
Pamela K. Alan
City Attorney
STATE OF FLORIDA
COUNTY OF PINELLAS
)
)
&:::;~:: ~
WIlliam B. Home II
City Manager
Attest:
~2- ~._~~
C . a E. Goudeau '
CIty lerk
The foregoing instrument was acknowledged before me tlus 4 c5{ day of August
2003, by BRIAN J. AUNGST, Mayor-Commissioner of the City of Clearwater, who is personally
known to me.
&~K~!!fJJi5/V
Notary PublIc
~~:~. DenISe A. Wilson
ff:~-r/;;i.< -1 MY COMMISSION # CC9w07 EXPllIt
<.a. ~.$< June 18. 2004
- ~": Of (li," eoIlDEt'TH~U TROYf.l\ll'lIo'lSU~AIIC[ Io'll:.
"tIlt'
STATE OF FLORIDA )
COUNTY OF PINELLAS )
The foregomg InStrument was acknowledged before me tlus ,-J!.-2 day of August
2003, by WILLIAM B. HORNE II, City Manager of the CIty of Clearwater, who is personally
known to me
~()~
PrinI/I'ype Name:. ~A ~ {SO,J
Notary PublIc
:D''''~'- DenrseA WJison
I.:';:; :~ MY COMMISSION # CC914107 EXPIRE~
~.! June HI, 2004
- " " , llOND!O THIl\l ~Oy fAIN 1N9URAIII:I;.IIIl;
"
Pelican Walk Parlang Garage Development Agreement
25 of 29
July 8, 2003
~
B.J.E., INc.
By'
ElIaS Anastasopoulos ~ ~bfo"4los
PresIdent h\s ~.... tK A%or^~
STATE OF FLORIDA )
COUNTY OF PINELLAS )
The foregomg instrument was acknowledged before me thIS ").,p day August 2003, by :'lQ... of ~ '~~
Elias Anastasopoulos, PresIdent ofB J E , Ine, a Florrda corporatIOn, on behalf ofB J.E , Ine ~ttUopol'
~
e Name
Notary PublIc
~,~ PatricIa J Ceelen
~1:r h. "'ii~ Comrmsslon # CO 902313
%,: ~.lig Expires Feb IS, 2004
~~i""-I?~ B,md..d Thru
"",qr,\'i,.,' AtlantIc Bendmg Co, Ine
Pehcan Walk Parkmg Garage Development Agreement
26 of 29
July 8, 2003
"
EXHIBIT A
Legal Description
Lots 32 through 43, block -B-, fIrst addItIon to Clearwater Beach Park, as recorded
In plat book 15, page 80, public records of PInel/as County, Flonda, together wIth
the adjacent Y2 of a vacated alley lying along the east boundary thereof.
And together with.
Lots 2 through 8, block "A", replat of Block "A" and lots 1 to 15 Incl. block "S- of
Clearwater Beach Park first addItion, according to the plat thereof as recorded in
plat book 21, page 21 of the public records of PlIlellas County, Flonda, together
with the adjacent "Y2 of a vacated alley lying along the west boundary thereof.
Pelican Walk. Parklng Garage Development Agreement
27 of 29
July 8, 2003
CDB Meetmg Date
Case Number
Agenda Item'
Owner/ Apphcant
Representatl ve
Address
January 18. 2005
FLD2004-09072
E6
Bm. mc
KeIth Zayak. P E
483 Mandalay Avenue
ORIGINAL
CITY OF CLEARWATER
PLANNING DEPARTMENT
STAFF REPORT
UPDATE:
ThIS agenda Item IS requested by staff to be contmued to the February 15, 2005 Commumty
Development Board meetmg to consider revIsed plan matenals and a Transfer of Development
R1ghts (TDR) applIcatIon The revised plan matenals will Include reVISions to show adequate
vehicular turn movements and to address CIty of Clearwater staff comments
GENERAL INFORMATION:
REQUEST:
Flexible Development approval to penmt a mIxed use (parkIng
garage and attached dwellIngs m cOnjunctIOn with eXistIng retaIl
sales) wIth a reductIOn to the front (east) setback from 25 feet to
4 77 feet (to bUIldmg), a reductIOn to the Side (north) setback from
10 feet to 2 91 feet (to bUIldmg), reductIOns to the Side (south) set-
back from 10 feet to zero feet (to dumpster enclosure), from 10 feet
to 1 74 feet (to pavement) and from 10 feet to two feet (to bUIld-
mg), a redUCtlon to the rear (west) setback from 20 feet to 2 89 feet
(to bUIldmg) and to Increase the bUlldmg height from 35 feet to 70
feet (to roof deck) wIth an addItIonal four feet for penmeter para-
pets (from roof deck) and an additIOnal 16 feet for rooftop pavIlIon
(from roof deck), as a ComprehensIve Infill Redevelopment Pro-
Ject, under the proVISions of SectIon 2.803 C , and to reduce the
foundatIOn landscapIng along POInsettIa Avenue from five feet to
477 feet, as a ComprehensIve Landscape Program under the proVI-
sions of SectIOn 3-1202 G
EXISTING ZONINGI
LAND USE:
Tounst (T) Dlstnct, Resort FaClhtIes HIgh (RFH) Category
PROPERTY SIZE:
1 68 acres, 73,379 square feet
PROPERTY USE:
Current Use Surface parkmg lot and retaIl sales
Staff Report - Community Development Board - January 18, 2005 - Case FLD2004-090n
Page 1 of2
Proposed Use Mixed use (parkmg garage and attached dwellmgs
m conjunctIOn wIth eXlstmg retail sales)
ADJACENT ZONINGI
LAND USES:
North
East
South
West
Tounst Dlstnct, Restaurant
Tounst Dlstnct, RetaIl sales overnight accommodatIOns
Tounst Dlstnct, RetaIl sales
Tounst DIstnct, Retail sales
CHARACTER OF THE
IMMEDIATE VICINITY: RetaIl sales and servIces, restaurants and overnight
accommodations dommate thIS area of Clearwater Beach
Prepared bY' Plannmg Department Staff.
I"tl'~ #. ~
MIchael H Reynolds, AICP
Planner ill
S \Plannmg Depanment\C D BIFLEX (FLD)IPendmg cases I Up for the next CDBIMnndoloy 483 Pellcan Walk Garage (1JlMandalay 483
Continuance Staff Reportfor 1 1805 CDB doc
Staff Report- Conunuruty Development Board - January 18,2005 - Case FLD2004-09072
Page 2 of2
Reynolds. Mike
From:
Sent:
To
Cc
Subject
Rice, Scott
Tuesday, January 11, 2005 8 42 AM
Reynolds. Mike
Elbo, Bennet!
FLD2004-09072 - Pelican Walk Garage/Condos
MIke,
I have reviewed the plans for the subject project resubmitted 1/10/05 THE TURNING MOVEMENT FOR
VEHICLES ENTERING THROUGH THE RESIDENT'S ENTRANCE CONTINUE TO SHOW AN
UNACCEPTABLE CONFLICT In fact, the vehIcle paths shown on both the CIVIl and arclntectural plans show
a more severe condttIon than prevIOUS plans Also, SIGHT TRIANGLES ARE NO LONGER ON THE SITE
PLAN.
This application, as submitted, IS still not ready to proceed to CDB.
D. Scott Rice
Land Deve/. Engr. Manager
727-562-4781
scott.rice@MyC/earwater.com
1
-:;
Reynolds, Mike
From
Sent:
To.
Cc
Subject
Reynolds, Mike
Thursday, December 30,2004357 PM
'kelth@kelthzayac com'
Gerlock, ChIp, Tarapanl, Cyndl, Rice, Scott
FLD2004-09072, 483 Mandalay Avenue, Pelican Walk Condominiums and Garage
Keith,
As a brief summary to what we concluded with at our meeting yesterday (Steve Spencer, Scott Rice, you and I), this e-mail
IS sent to you
. The Pelican Walk Comprehensive Infill Flexible Development and TDR requests will be considered by the Community
Development Board on February 15,2005, If revised plan materials and a TOR application are submitted by 400 pm
on Monday, January 10,2005, and If the revIsions and other submittal materials are deemed complete and
acceptable
. The revised plan materials Will Include plan sheet reVISions to show safe vehicular turn movements The reVISions WIll
also address staff comments In Permit Plan
I am providing you With an example of an already approved TDR application This copy IS available at the Development
ServIces front counter At your request, the copy document IS addressed to Spencer and Associates
Thank you
MIchael H Reynolds, AICP
City of Clearwater Planmng Department
1
Reynolds, Mike
From
Sent
To.
Subject
Reynolds, Mike
Thursday, December 30,2004227 PM
Tarapanl, Cyndl, Gerlock, Chip
FLD2004-09072, 483 Mandalay Avenue, Pelican Walk Condominiums and Garage
Cyndl and Chip,
Yesterday, December 29, Scott Rice and I met WIth KeIth Zayak and Steve Spencer to make clear what stili needed to be
produced by the applicant In order for the application to move forward to a COB meeting We spent tlme diSCUSSing
potential site plan redeSign of parking garage vehicular flow We went through the Permit Plan list of "Not Met" Items,
resolVing some on the spot and Itemizing others that Keith and Steve agreed to address With a reVised submittal
In anticipation of preparing a staff report, which In part Will cover denSity, I asked the applicants to explain their proposal for
the 28 reSidential units project component I saId that qUick math shows a denSity allowance of 24 units on site Steve
Said that four units were Included by TOR and that he had correspondence In hiS file about It I explained that TORs need
COB approval Steve also said that It was thought that TORs had been recently processed through Wayne Wells for the
Pelican Walk site When asked, Wayne saId that attorney Nickolas Ekonomldes, Inquired, approximately three to four
weeks ago, by telephone as a general question and not related to any speCific project as to the purchase of development
rights The response to Mr Ekonomldes was that one can purchase development fights that can be applied later to a
speCific project Wayne said that he was not aware of any TOR to the Pelican Walk site A check of the TOR balance log
shows no TOR actiVity to Pelican Walk I said that a TDR application form With all reqUired attachments Will need to be
submitted, and that agenda noticing reqUirements WIll mean that Pelican Walk cannot be heard by the COB until the
February 15,2005 meeting
The apphcant asked for additional time, to submit applicatIon plan revIsions and the TOR application form (With
attachments) beyond the January 6 revIsions deadline for the February 15,2004 COB meeting I saId that all application
and plan revIsions along With the TOR application Will need to be submitted no later than 4 00 pm on Monday, January 10,
2005
In summary the status can be outlmed as follows
. The Pelican Walk ComprehenSive Infill FleXible Development and TOR requests Will be conSidered by the Community
Development Board on February 15, 2004, If reVised plan materials and a TO R application are subm Itted by 4 00 pm
on Monday, January 10, 2005, and If the revls Ions and other su bmlttal matenals are deemed com plete and
acceptable
. The reVised plan matenals will Include plan sheet revIsions to show safe vehicular turn movements The revIsions Will
also address staff comments m Permit Plan
Mike
1
Wells, Wayne
From
Sent
To
Subject
Schodtler, John
Thursday, October 07,2004304 PM
Reynolds, Mike, Wells, Wayne
Revised TDR calculations
Take Permitted FAR --1- X Building Square Footage of non-residential portion ~WJ ffI'D' = Lot size reqUired to
support non-residential use In the bUilding :JI' afF'V
I
Subtract the lot size req u Ired to su pport non-res Identlal use In the bu lid Ing7.:J J 7/;.- - from the total lot size
] J; 60 n = square footage to calculated the residential density from I _~3 ) r
DIvide square footage to calculated the density from )5:)7 f I an acre, 43560 = Acres :..' ;; ;--;, ~
,
)0
~
t/
r
~
.,q;
Zy
Multiply acres
~ ~I ~
ACid-i(dc;
X Density
= Residential Dwelling units allowed
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1"J:,./~.,R ,
'i Y4 r'
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1
Reynolds, Mike
From
Sent
To:
Cc:
SubJect:
Reynolds, Mike
Monday, December 20, 2004 9 02 AM
Tarapanl, Cyndl
Gerlock, Chip, Rice, Scott
FLD2004-09072, 483 Mandalay Avenue, Pelican Walk Condominiums and Garage
Importance.
High
Cyndl,
You had asked me to brief you upon my (and other ORe staff) revIew of the Pelican Walk sIte plan reVISions The revIews
were completed last week, but then you and I were out Sick I realize that your schedule IS limited today, but I Will be happy
to talk With you at your convenience
To meet a deadline, the Pelican Walk site plan was Included Within the January 18,2005 COB Meeting Agenda However,
there are some troubling Issues (pian/application suffiCiency) as to actually hearing Pelican Walk at that meeting There
are a number of Planning Items "not met" In Permit Plan Further, a crlttcalltem of concern, noted by Engineering, needs
to be addressed by the applicant pnor to reviewing the submittal at a COB meeting
The Engineering Item, per Scott Rice Engineering has completed review of the resubmlttal for the subject application The
conflict between vehicles entering the garage at the resident entrance and vehIcles travehng down the ramp has not been
resolved The follOWing TraffiC comment has been added to Permit Plan "The vehicle path shown on Sheet A1 1 Indicates
entering vehicles starting to turn pnor to the card reader and encroaching Into the lane for traffic traveling down the ramp
This IS a problem for safe operation of the garage and must be addressed prior to COB" This Issue must be resolved
before the project can go to COB
I Will fax an updated Permit Plan status to Keith Zayak
Mike Reynolds
1
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Engmeeruig C'd mtlon Don Melone
10/28/2004 1 ) The architectural d rawmgs and cIvil drawl ngs do not match MET
2) The architectural drawl ngs, Sheet A 1 1, shows 362 parkin g spaces provIded and the CIVIl plans
show 359 PLANS NOW CONSISTENT
3) The architectural plans show two gated Ingress/egress dnve aisles while the cIvIl plans only
show the most northerly Ingress/egress having a control gate MET
4) The architectural drawing show sIdewalks leading from stair tower to curb, while the cIvil show
sidewalk being extended to back-of-sldewalk Design should not encourage mid-block crossmgs
due to safety reasons MET
5) The architectural plans show columns bemg constructed wlthm dnve aisles and parkmg
spaces MET
6) Where do service and delivery vehicles park? PULL OFF AREA ADDED
7) Show how the resIdents access the roof top pool and all related functions around the pool MET
8) Exhibit "C" (10)(B) states the floor plates above 42 ft are 28,200 sq ft which does not meet
design cnterla PLANNING CRITERIA
9) Exhibit "C" (10)(0) states that setbacks along local streets should be 12 ft and the proposed
structure IS only 5 ft from the right-of-way of POinsettia Street PLANNING CRITERIA
10) The architectural plans Sheet P 1 shows the waterside balcony extendmg approximately 36 ft
beyond the extenor wall while a dimenSional note for the waterSide balcony IS 10' x 30'
RESOLVED
11) Need to verify where the eXisting 6" clay pipe runs through the south end of the property It
serves NEEDS TO BE SHOWN MORE CLEARLY
12) Need to show to where the eXlstmg grease traps are being relocated HOW WILL SERVICE
VEHICLES GAIN ACCESS TO SERVICE THE TRAPS?
13) The eXisting gas meters may need to be relocated at the applicant's expense MET
14) The eXIsting backflow devlce(s) Will have to be relocated outSide bUlldmg envelope and stay
within the boundaries of this property ownership BACKFLOW DEVICES NEED TO BE
RELOCATED AT APPLICANT'S EXPENSE
15) The proposed stop Signs appear to be behind walls of the parking garage MET
16) Need to Install the FOe on private property and meet Fire Department's requirements MET
17) Need to prOVide enough fire hydrant assemblies along all rights-of-way to meet Fire
Department's requirements MAY NEED ADDITIONAL HYDRANT TO SATISFY FIRE NEEDS
18) The eXisting fire hydrant assembly south of structure IS shown on the west Side of POinsettIa
Street while the City'S atlas shows It on the east SIde Engmeer to verify location and show the
distance from the property MET
19) The CIvil plans show a 25 ft +/- dumpster stagIng area/access ramp/parking spaces Need to
create a much smaller staging area like the architectural drawmgs show APRONS ARE NOT
REQUIRED FOR STAGING AREA IS STAGING AREA REQUIRED FOR TRASH CHUTE?
20) How do the empty dumpsters rotate In and out of condominium trash enclosures? MET
21) PrOVide detail for sanItary connection at south end of bu lid Ing to prOVide contmuous samtary
sewer service to properties lYing south of thiS project SEE COMMENT #11
22) PrOVide details of proposed water and sanitary connections MET
22) On Sheet C~5, what does the note "Cut and Repair" refer to? MET
23) What IS the clear vertIcal heIght of the first floor above the relocated sanJtary pipeline? MET
24) PROPOSED FIRE HYDRANT ASSEMBLIES AND FIRE LINE TO BUILDING CANNOT BE
CONNECTED TO A RECLAIMED WATER PIPELINE
25) WHAT IS THE PURPOSE OF THE EXISTING 4" WATER MAIN SHOWN ON SHEET 5
26) TO COMPLY WITH BEACH BY DESIGN CRITERIA, PUBLIC SIDEWALK ALONG
POINSETTA SHALL BE 10-FEET WIDE WHERE POSSIBLE
27) NOTE Additional comments may be necessary based on the responses to conditions
All the above to be addressed pnor to COB
Conditions Associated With
FLD2004-Q9072
483 MANDALAY AVE
562-4798
Not Met
Prior to bUilding permit
1) Fjeld determine Invert elevations of eXisting sanitary line
2) Provide Invert elevalions of proposed 8-lnch sanitary line
3) If proposed sanitary line IS less that 3-feet below finIshed grade It shall be ductile Iron
Pn nt Date 12/13/2004
CaseCondltons
Page 1 of 6
FLD2004-09072
483 MANDALAY AVE
Environmental Condition
Heather Faessler
562-4897
10/26/2004 No Issues
Not Met
11/23/2004
Fire Condition Joe Colbert
562-4567 xt 3548
11/23/2004
11123/2004
landscape
11/23/2004
11123/2004
Show FDC at least 15 feet from the bUilding and within 40 feet of a Fire Hydrant dedicated to the Met
Fire Sprinkler System PRIOR TO COB
11/23/04 J_C Condition met by revised plans received 11/18/04
Where underground water mains and hydrants are to be Installed, they shall be Installed, Met
completed, and In service prior to construction as per NFPA 241 Please acknowledge PRIOR TO
COB
11/23/04 J _ C Cond Itlon met by note on revised plans received 11/18/04
This DRC ReView by Fire IS not an approval or review of any construction plans or documents Met
other than sIte work PLEASE ACKNOWLEDGE
11/23/04 J_C Condition met by narrative received 11/18/04
Arden Dittmer
562-4604
10/27/2004 (A_D) Met
Prior to Development Order,
1 Change plant materials below the palms to Dwarf Oleander, between them change the plants
to Podocarpus which Will grow taller, and limit the "IV' to the areas adjacent to the doorways and
entrances
2 Darken the palms which are to remain, It IS unclear as to where they are and If they conflict
wIth proposed
3 Several palms appear to be rated well, located away from construction and are shown as X'd
out
4 There IS a single palm shown on the plan which IS not In the list and not keyed on the plan
5 Verify the count on all plant matenal, and submit a revised plan sheet for review
no Issues Not Met
Rick Albee
562-4741
10/22/2004
land Resource Condition
11/18/04-Palm removals equate to 1" only, replacements also equate to 1" only ReVise prior to Not Met
BUilding Permit
1 O/22/04-Revlse tree removal calculations, all trees rated 2 or below do not reqUire replacements
and all palm trees are replaced at one Inch each ProvIde prior to bUilding permit
Parks & Recs Condition
Open Space and Recreation Impact fees are due prior to Issuance of bUilding permits or final plat Not Met
(If applicable) whichever occurs first These fees could be substantial and It IS recommended that
you contact Deb Richter at 727-562-4817 to calculate the assessment
Brian Barker
562-4779
10/19/2004
Storm Water Condition
1 Are eXisting pond and stormwater system being modified? (met) Not Met
2 Place a note on the plans for the contractor to regrade pond and clean out eXIsting structures If
they are to remain (met)
3 DIrect all runoff from the garage to the pond (note was added to plans, however more Info Will
be needed for construction Prior to any bUilding permits, prOVide suffiCient grades, flow arrows,
drams, etc to show how the site Will drain to the pond)
Solid Waste Service
Initials Mlssmg
Initials MISSing
CaseCondltons
Print Date 12/13/2004
Page 2 of 6
FLD2004-09072
483 MANDALAY AVE
Solid Waste Service
12101/2004
Initials MIssing
Initials MIssing
Not Met
Enclosure not to Spc Explain how condo units will dispose of trash, how Will they recycle, Show
how eXisting retaIl Will dispose of Solid Waste and Recycling
12p01-04 Is the "roll~out Dumpster" on the South Side a compactor? It IS unclear If not there IS
Inadquate service
Traffic Eng Condition Bennett Elbo 562-4775
10/27/2004 1 Parking garage design on cIvil plans and architectural plans do not match MET Not Met
2 All parking spaces and drive aisles must meet current City standards I e for a 90 degree parking
stall It must meet minimum dimensions of 9' Wide by 19' long with a 24' Wide drive aisle 185'
DIMENSION AS SHOWN ON THE SITE PLAN IS ACCEPTABLE WITH THE CITY ENGINEER
10/28/2004 - PROVIDE DIMENSIONS FOR PARKING STALLS ON FLOORS 2.3-4 12/1/04-
SHEET A111NDICATES STALL DEPTH 175', BUT SHEET A1 3 SHOWS 185' TYPICAL,
PLEASE CLARIFY
3 All dIsabled parking stalls must comply with current City standards (width, accessible aisle and
columns In aisle) MET
4 PrOVide a detail of the dIsabled parking stall and sign SEE COMMENT #2 FINE AMOUNT IS
INCORRECT ~ SHOULD BE $255
5 All disabled parking stalls must be strategically located close to an accessible entrance MET
6 All levels of parking must meet reqUired A D A height clearance (8' - 2) for handIcap vans MET
7 Show accessible path from parking garage to connect retail bUlldlng,condo and public
Sidewalks NEED ACCESSIBLE PATH FROM GARAGE TO SIDEWALK ALONG POINSETTA
STREET
8 General Note Garage supports such as walls and columns must not Intrude within parking stall
dimensions (Community Development Code Section 3-1402) ACKNOWLEDGED
9 General Note Garage supports such as walls must not Impede driver's sight vIsibility when
backing out of parking space (Community Development Code Section 3-1402)
ACKNOWLEDGED
10 Columns must not Intrude Into the disabled parking access aisle Chapter 11 Flonda BUilding
AcceSSibility Code, Section 11-463 MET
11 Demonstrate that column locations prOVide adequate turning radiUS to accommodate all
veh ICU lar mobility without encroaching Into other traffic VEH IC LE PATHS NOT CONT I N UO US
RIGHT TURN ONTO RAMP AT SOUTHWEST CORNER OF GARAGE DOES NOT APPEAR TO
SATISFY THIS CONDITION
12 Show location of parking tIcket dlspenser(s) MET
13 Show stackl ng for 18' veh Icle with 2' gap between vehicles enten ng the parking garage at the
ticket dispenser at all entrances Stacking for a minimum of two vehicles at the main entrance and
one at the condominium entrance MET
14 Sight vIsibility triangles are not displayed correctly Please refer to the community
development code for correct placement Page CD330 MET
15 Remove bUilding structures such as walls that are within the sight vlslbllty triangles or
re-deslgn bUilding wall where motorist's line of sight IS not obstructed THUS MUST BE
INCLUDED IN REQUEST
16 Paint stop bar and the word "stop" at the bottom of ramp located near the condominium's
driveway MET
All of the above to be addressed prior to COB
Traffic Impact Fees to be determined and paid prior to CO
Pnor to bUlldmg permit
1 Show lighting and drainage plan
Zoning Condition
Mike Reynolds
562-4836
CaseCondltons
Print Date 12/13/2004
Page 3 of 6
FLD2004-09072
483 MANDALAY AVE
Zoning Condition Mike Reynolds 562-4836
10/26/2004 Correct the discrepancy between the architect's plans and the cIvil site plan regarding bUIlding
height
10/26/2004 How many parking spaces are dedicated to the residential component of the sIte?
State this Information within the site data table Update (11~28-04) This Item IS stlll not
addressed Please provide the Information within the site data table Also explain the difference
between resident parking and resident accessIble (see Sheet A 1 1) Update (12-9-04) Explain
the dIfference between resIdent parking and res Ident accessIble (see Sheet A 1 1)
10/26/2004 Provide north and south bUIld Ing elevations
Met
Not Met
Met
10/26/2004 BUilding height should be stated from BFE to roof midpoint Update (11-28-04) condition met, but Met
state the height by decimal, Ie 8475 feet
1 0/26/2004 1m prove the clarity of the location map Update (11-28-04) ThIs comment IS stili not add res sed Not Met
Update (12-9-04) This comment IS stili not addressed
1012612004 The site plan should have a plan sheet that shows the bUilding and ItS square footage Update Met
(11-28-04) Th IS com ment IS still not addressed
10/26/2004 label all outdoor lighting Update (11-28~04) Provide I nformatlon as stated with In the 11-19-04 Met
transmittal letter from applicant to CIty staff as an addition to Plan Note # 19
10126/2004 Clearly show all eXisting and proposed accesses to thiS property Update (11-28-04) ThiS Met
comment IS strll not addressed
10/26/2004 I mprove the Index sheet (expand It to Include parking level sheets) Update (11-28-04) Th IS Not Met
comment IS stili not addressed The Index sheet should account for all sheets within the sIte plan
and architectural plans set Update (12-9-04) Provide an Index sheet for the architectural plans
10/26/2004 Correct the site data table Information on lot size and bUilding height (clarify what deck means) Met
10126/2004 Label the location of all easements Update (11-28-04) ThiS comment IS still not addressed The Met
labels on sheets C-3 and C-4 differ, one called a 15 foot utility easement, the other a 15 foot alley
Please clarify Update (12-9-04) Addressed, but ma ke th IS label (15' ALLEY) leg Ible
10/26/2004 The site plan set needs to show and Itemize the parking spaces per floor of the parking garage Met
The fourth level sheet needs to show whIch IS public versus pnvate (residential) parking Update
(11-28-04) Provide thiS information within the site data table, as well
10126/2004 State the FAR, eXIsting, proposed, and required Update (11-28-04) ThiS comment IS stili not Met
addressed State the FAR limit as specified by the City Code
1012612004 Address all cntena Within the developments over one acre section of the application form Update Not Met
(11~28-04) ThiS comment IS stili not addressed
10126/2004 At rooftop level (see roof plan draWing), show the pool, deck, and recreatIonal area In detail Not Met
Update (11-28-04) ThIS comment IS stili not addressed Where IS the walkway to the pool? Are
the roof top paVIlions connected to the pool by a walkway?
10/26/2004 Label the access Islands at level one WIthin the garage Update (11-28-04) ThiS comment IS stili Not Met
not addressed
10/26/2004 label parking space dimenSions (typlcals) per floor Update (11-28-04) ThiS comment IS stili not Not Met
addressed Parking space Width needs to be labeled If parking space dimenSion typlcals are for
all parking levels, state as a plan note on sheet A 1 3 Update (12-13-04) ThiS IS stili not
addressed, even though the apphcant's letter of transmittal IndIcates such
1012612004 Correct the discrepancy In total number of parking spaces Site Plan states total to be 359 Met
parking spaces, and the architect's plans state 362 spaces Update (11-28-04) Both plan sets
now show same totals of 356 parking spaces
Print Date 12113/2004
CaseCondllons
Page 4 of 6
FLD2004-09072
483 MANDALAY AVE
Zomng CondItion Mike Reynolds 562.4836
10/26/2004 Label and show all pedestrian ways within the garage (each level) Update (11-28-04) ThIs
comment IS sllll not addressed Update (12-13-04) This comment IS stIli not addressed
10/26/2004 Clearly show all Rights of Way with In and adjacent to the site
10/26/2004
10/26/2004
10/27/2004
1 0/27/2004
10/27/2004
10/27/2004
10/27/2004
10/27/2004
10/27/2004
1 2/01/2004
12/01/2004
12/01/2004
12/01/2004
12/01/2004
12/01/2004
12/01/2004
Not Met
Met
Provide a color landscape plan Met
BUilding elevations need to Include dlmemslonal arrows to Indicate height from BFE to roof Met
midpoint and to roof towers The eXisting submittal shows roof height to the eaves
The project as submitted makes It difficult to determine If It IS consistent with Beach by Design Not Met
Update (11-28-04) This com ment IS stili not addressed Provide a su mmary as to how the project
design IS consistent with Beach by Design
The bUilding elevations are not consIstent with the color rendenng Met
The bUilding elevatrons need to clearly Indicate, by labels, a description of the proposed bUilding Met
materials Label any faux windows and any other design features
The color rendering does not show details for the main entrance/dnveway Update (11-28-04) Met
Provide 15 copies of the color elevation A color elevation was not submitted with the revised
materials post the 11-12-04 DRC
The garage floor plans need to show maneuvering space (typlcals by floor) with dimensional Not Met
arrows, labeled In linear feet Update (11-28-04) ThIs comment IS stili not addressed Only level
three shows th IS detail Update (12-13-04) This com ment IS stili not addressed
The eXisting elevator, per what IS proposed or shown on the floor plans, does not access the third Met
and fourth garage levels Update (11-28-04) ThIs comm ent IS stili not addressed Consider
Improving floor access for the eXisting elevator Update (12-13-04) The applicant has responded
by stating that," The eXisting elevators service the public spaces only"
See Plan Sheet A1 4 Correct the parking total shown as 61 spaces (should be 60 spaces) Met
Update (11-28-04) The total IS now Itemized on Sheet A1 1
SIte Plan Sheet C-4 indicates 74 parkmg spaces on the Ground Level There appear to be 72 Not Met
spaces shown for this level on the site plan drawing (same sheet) Please check this Update
(12-13-04) Counting the spaces on Plan Sheet C-4 results In a total of72 parking spaces
Please correct the number of spaces as stated In Plan Note # 14 (presently reads 74) or correct
the drawmg showing the Ground Level (Sheet C-4)
See Beach by Design, Design GUidelines, B Height, Item number 3 , address the floorplate limit Not Met
See Beach by Design, Design GUidelines, C Design, Scale and Mass of BUIldings, Item number Not Met
2 , address the uninterrupted bUilding plane limit for the west and east elevations and adjust the
design
See Beach by Design, Design GUidelines, C Design, Scale and Mass of BUildings, Item number Not Met
3, address the Windows or architectural decorations minimum for the north and south elevations
and adjust the design
See Beach by DesIgn, DesIgn GUldehnes, C Design, Scale and Mass of BUlldmgs, Item number Not Met
4, show, by a drawing, how the 60 percent of maximum bUlldmg envelope limit on occupancy by a
bUilding IS met
See Beach by Design, Design GUidelines, D Setbacks, Item number 1 , conSider a 10 foot Wide Not Met
Sidewalk along POinsettia Street, With the exception to the stop bar and vIsibIlity triangle areas
See Plan Sheet P5 label the feature that IS to the nght or north of the garage entrance and Not Met
colum n Update (12-13-04) Stili not add ressed to date
CaseCondltons
Pnnt Date 12/13/2004
Page 5 of 6
FW PelIcan Walk
Page 1 of 1
,
Reynolds, Mike
From
Sent.
To:
Cc:
Subject
Bruch, Tracey
Fnday, December 10, 2004201 PM
Rice, Scott, QUillen, MIchael
Reynolds, Mike
FW Pelican Walk
Please see Jim's comments below, Looks like nothing has changed,
Thanks,
Tracey
-----Ong Ina I Message-nn
From: Jim Ebert [mallto'Jebert@tlmhaahs,com]
Sent: Fnday, December 10, 2004 1.51 PM
To: Bruch, Tracey
Subject: FW, Pelican Walk
Tracey I just got drawings My same comments as before as the drawings haven't changed See my comment
to Jerry Koski Best, Jim
From' Jim Ebert
Sent' Friday, December 10, 2004 144 PM
To' ~erry koskl@walkerparkmg com'
SubJect: Pelican Walk
Jerry Ijust got drawings from Spencer and they are basically the same as those Maureen sent. except a turning
path has been added at the south entry lane Please check It again It appears the template shows the car
starting to turn before pulling up to the card reader and up to the gate arm There IS a column next to the
passenger Side which might make the dnver shy away from It There IS no Sight triangle as the stair blocks the
vIsion ~ both ways
I won't belabor this If you sat It'S OK but I'll have to go on record as saYing It creates a dangerous condition CaUlf
you want to discuss Jim
Please VISit our new webslte wwwtlmhaahs com
E, James Eberl, P E.
Executive Vice President
Timothy Haahs & Associates, Inc
550 Township Line Road, SUite 100
Blue Bell, Pennsylvania 19422
t 484-342-0200 ext 104
f 484-342-0222
Jebert@bmhaahs com
12/13/2004
Planning Info for the 12/9/2004 Project Meeting
Markovoulos/Patel
. Case DV A2004~0000 I -At the request of the developer, the CDB at theIr meetmg
on 10/1912004 recommended demal of this case Thc case IS scheduled for the
City Council agenda on December 16,2004 No reVISIOns have been submitted
but the developer
Cheezum - Sand Pearl
. JMC project, generally at 500 Mandalay Avenue, IS scheduled for a decIsIOn by
the COB on December 14,2004
. The Development Agreement IS scheduled for reVIew and recommendatIOn by the
COB on December 14,2004, and for deCiSIOn by CIty CounCIl on January 20,
2005
Pelican Walk Parkin!! Gara!!e
. A FleXIble Development ApplIcatIon for a ComprehenSive Infill Redevelopment
Project for 483 Mandalay Avenue was on September 29,2004
. The applIcatIOn is proposmg three levels of attached mulh-famIly reSidential umts
(28 condomInIUms) above a four level parkmg garage The garage IS proposed to
have 356 parkIng spaces total
. The applIcatIOn is seekIng a reduction of the front (east) setback from 25 feet to
4 77 feet, a reductIOn of the SIde setbacks from 10 feet to zero feet to pavement
(south) and 291 feet to bUIldmg (north), and a bUIldmg height mcrease to 84 75
feet above Base Flood ElevatIOn to mldpomt of roof (In the Tounst Distnct, 35
feet IS the heIght lImIt for attached dwellmgs, 50 feet IS the heIght lImIt for a
parkIng garage)
. The applIcatIOn was determmed to be complete A letter of completeness was
sent to KeIth Zayak (the project contact)
. The applrcatIOn was conSidered msufficlent by the Development ReView
Committee (DRC) on November 12, 2004 The DRC reViewed applicatIOn plan
set resubmlttals on December 2,2004
. If the application plan set is determIned to bc suffiCIent upon staff receIpt and
reVIew of subsequent reVISions (revlSlon deadlIne IS December 8, 2004), the
applIcatIOn submlttal WIll be conSidered by the Commumty Development Board
on january 18,2005.
~\ r Conditions Associated With
S~ . ,\ 1 ;~~ FLD2004-09072
~~:~ m
''Q.~~~t 483 MANDALAY AVE
."71 ... Ie 0
"'~~rER; J~ "
Engmeenng C'f:fR~lon Don Melone 562-4798
10/28/2004 1) The architectural drawings and CIVil drawings do not match MET Not Met
2) The architectural drawings, Sheet A 1 1, shows 362 parking spaces provided and the CIVil plans
show 359 PLANS NOW CONSISTENT
3) The architectural plans show two gated Ingress/egress drive aisles while the CIVil plans only
show the most northerly Ingress/egress having a control gate MET
4) The architectural drawing show sidewalks leadmg tram stair tower to curb, while the CIVil show
sidewalk belllg extended to back-ot-sldewalk Design should not encourage mid-block crOSSings
due to safety reasons MET
5) The architectural plans show columns being constructed within drive aIsles and parkmg
spaces MET
6) Where do service and delivery vehicles park? PULL OFF AREA ADDED
7) Show how the reSidents access the roof top pool and all related functIons around the pool MET
8) Exhibit "C" (10)(B) states the floor plates above 42 ft are 28,200 sq ft which does not meet
deSign Criteria PLANNING CRITERIA
9) ExhIbit "C" (10)(D) states that setbacks along local streets should be 12 ft and the proposed
structure IS only 5 ft from the nght-ot-way of POlllsettla Street PLANNING CRITERIA
10) The architectural plans Sheet P 1 shows the waterside balcony extending approximately 36 ft
beyond the extenor wall whIle a dimensional note for the waterSide balcony IS 10' x 30'
RESOLVED
11) Need to verify where the eXisting 6" clay pipe runs through the south end of the property It
serves NEEDS TO BE SHOWN MORE CLEARLY
12) Need to show to where the eXisting grease traps are being relocated HOW WILL SERVICE
VEHICLES GAIN ACCESS TO SERVICE THE TRAPS?
13) The eXlstmg gas meters may need to be relocated at the applrcant's expense MET
14) The eXlstmg backflow devlce(s) wIll have to be relocated outsIde bUilding envelope and stay
wIthin the boundanes of thiS property ownership BACKFLOW DEVICES NEED TO BE
RELOCATED AT APPLICANT'S EXPENSE
15) The proposed stop signs appear to be behind walls ot the parking garage MET
16) Need to Install the F DC on private property and meet Fire Department's requirements MET
17) Need to proVide enough fire hydrant assemblies along all rights-at-way to meet Fire
Department's reqUirements MAY NEED ADDITIONAL HYDRANT TO SATISFY FIRE NEEDS
18) The eXisting fire hydrant assembly south of structure IS shown on the west sIde of POInsettia
Street while the City'S atlas shows It on the east side Engineer to verify location and show the
dIstance trom the property MET
19) The CIVIl plans show a 25 ft +1- dumpster stagIng area/access ramp/parking spaces Need to
create a much smaller staging area like the architectural draWings show APRONS ARE NOT
REQUIRED FOR STAGING AREA IS STAGING AREA REQUIRED FOR TRASH CHUTE?
20) How do the empty dumpsters rotate In and out at condominium trash enclosures? MET
21) ProvIde detail tor sanitary connection at south end ot bUilding to provide continuous sanitary
sewer servIce to properties lYing south of thiS project SEE COMMENT #11
22) Provide details of proposed water and sanitary connections MET
22) On Sheet C-5, what does the note "Cut and RepaIr" refer to? MET
23) What IS the clear vertical height of the first floor above the relocated sanitary pipeline? MET
24) PROPOSED FIRE HYDRANT ASSEMBLIES AND FIRE LINE TO BUILDING CANNOT BE
CONNECTED TO A RECLAIMED WATER PIPELINE (
25) WHAT IS THE PURPOSE OF THE EXISTING 4" WATER MAIN SHOWN ON SHEET 5
26) TO COMPLY WITH BEACH BY DESIGN CRITERIA, PUBLIC SIDEWALK ALONG
POINSETTA SHALL BE 10-FEET WIDE WHERE POSSIBLE
27) NOTE Additional comments may be necessary based on the responses to conditIons
All the above to be addressed prior to COB
Prior to bUilding permit
1) Field determine Invert elevatlons of eXisting sanitary hne
2) Provide mvert elevations of proposed 8-lnch sanitary line
3) If proposed sanitary hne IS less that 3-teet below finished grade It shall be ductile Iron
Print Date 12/09/2004
CaseCondltons
Page 1 of 4
FLD2004-09072
483 MANDALAY AVE
Environmental Condition
Heather Faessler
562-4897
10/26/2004
No Issues
Not Met
landscape
11/23/2004
Arden Dittmer
562-4604
no Issues
Not Met
land Resource Condition
Rick Albee
562-4741
10/22/2004
11/18/04-Palm removals equate to 1" only, replacements also equate to 1" only Revise prior to Not Met
BUIlding PermIt
10/22/04-Revlse tree removal calculations, all trees rated 2 or below do not reqUIre replacements
and all palm trees are replaced at one Inch each Provide prior to bUilding permit
Parks & Recs Condition
Open Space and Recreation Impact fees are due prior to Issuance of bUlldmg permits or final plat Not Met
(If applicable) whichever occurs first These fees could be substantial and It IS recommended that
you contact Deb Richter at 727-562-4817 to calculate the assessment
Storm Water Condition
Brian Barker
562-4779
10/19/2004
1 Are eXlstmg pond and stormwater system being modified? (met) Not Met
2 Place a note on the plans for the contractor to regrade pond and clean out eXisting structures If
they are to remam (met)
3 Direct all runoff from the garage to the pond (note was added to plans, however more mfo will
be needed for construction Prior to any bUilding permits, provide sufficient grades, flow arrows,
drains, etc to show how the site will drain to the pond)
Solid Waste Service
12/01/2004
Initials MISSing
Initials MISSing
Not Met
Enclosure not to Spc Explain how condo Units will dispose of trash, how will they recycle, Show
how eXlstmg retail will dispose of Solid Waste and Recycling
12-01-04 Is the "roll-out Dumpster" on the South side a compactor? It IS unclear If not there IS
mq.dquate service
TraffiC Eng Condition Bennett Elba 562-4775
10/27/2004 1 Parking garage deSign on cIvil plans and architectural plans do not match MET Not Met
2 All parking spaces and drive aisles must meet current city standards I e for a 90 degree parking
stall It must meet mmlmum dimenSions of 9' wide by 19' long With a 24' wide drive aisle 185'
DIMENSION AS SHOWN ON THE SITE PLAN IS ACCEPTABLE WITH THE CITY ENGINEER
10/28/2004 - PROVIDE DIMENSIONS FOR PARKING STALLS ON FLOORS 2-3-4 12/1/04-
SHEET A111NDlCATES STALL DEPTH 17 5', BUT SHEET A1 3 SHOWS 185' TYPICAL,
PLEASE CLARIFY
3 All disabled parkmg stalls must comply With current city standards (WIdth, accessIble aIsle and
columns In aisle) MET
4 Provide a detail of the disabled parkmg stall and sign SEE COMMENT #2 FINE AMOUNT IS
INCORRECT - SHOULD BE $255
5 All disabled parking stalls must be strategically located close to an accessible entrance MET
6 All levels of parking must meet reqUired A D A heIght clearance (8' - 2) for handicap vans MET
7 Show accessible path from parking garage to connect retail bUlldlng,condo and public
sidewalks NEED ACCESSIBLE PATH FROM GARAGE TO SIDEWALK ALONG POINSETTA
STREET
8 General Note Garage supports such as walls and columns must not Intrude Within parking stall
Print Date 12/09/2004
CaseCondltons
Page 2 of 4
FLD2004..Q9072
483 MANDALAY AVE
TraffIc Eng Condition Bennett Elba 562-4775
dimensions (Community Development Code Section 3-1402) ACKNOWLEDGED
9 General Note Garage supports such as walls must not Impede dnver's sIght vIsibility when
backing out of parking space (Community Development Code Section 3-1402)
ACKNOWLEDGED
10 Colu mns must not mtrude mto the disabled parking access aisle Chapter 11 Flonda Bu Ildmg
Accessibility Code, Sectlon 11-463 MET
11 Demonstrate that column locations provIde adequate turnmg radius to accommodate all
vehicular mobility without encroaching Into other traffiC VEHICLE PATHS NOT CONTINUOUS
RIGHT TURN ONTO RAMP AT SOUTHWEST CORNER OF GARAGE DOES NOT APPEAR TO
SATISFY THIS CONDITION
12 Show location of parking ticket dlspenser(s) MET
13 Show stackmg for 18' vehicle With 2' gap between vehicles entenng the parkmg garage at the
ticket dispenser at all entrances Stacking for a mmlmum of two vehicles at the mam entrance and
one at the condominium entrance MET
14 Sight vIsibility triangles are not displayed correctly Please refer to the community
development code for correct placement Page CD330 MET
15 Remove bUilding structures such as walls that are wlthm the Sight vlslbllty triangles or
re-deslgn bUildIng wall where motonst's line of Sight IS not obstructed THUS MUST BE
INCLUDED IN REQUEST
16 Pamt stop bar and the word "stop" at the bottom of ramp located near the condominium's
dnveway MET
All of the above to be addressed pnor to COB
Traffic Impact Fees to be determmed and paid pnor to CO
Prior to bUilding permit
1 Show IIghtmg and drainage plan
611./-
10/26/2004 How many parking spaces are dedicated to the residential component of the site? ~ot Met
Zomng condlllO:Ia,e thIS Information WI::::::: Iable :Pdate (11-28-04) ThIs .~~:::,
addressed Please prOVide the Information wlthl the site data table-.A:lso explain the difference
be een resident par 109 and resident accessible (see SheeCAl1)
10/26/2004 ~Improve the clarity of the location map Update (11-28-04) This comment IS still not addressed Got ~
10/26/2004 The sIte plan should have a plan sheet that shows the bUlldmg and ItS square footage Update Not Met V'
(11-28-04) This comment IS stili not addressed
10/26/2004 Label all outdoor IIghtmg Update (11-28-04) PrOVide Information as stated With In th e 11-19-04 Not Met ....-
transm Ittalletter from applicant to City staff as an addition to Plan Note # 19
10/26/2004 Clearly show all eXisting and proposed accesses to this property Update (11-28-04) ThIS Not Met~
comment IS stili not addressed
1 0/26/2004 Improve the Index sheet (expand It to Include parking level sheets) Update (11-28-04) ThiS N at Met V
comment IS stili not addressed The Index sheet should account for all sheets Within the site plan
and architectural plans set
1 0/26/2004 Label the location of all easements Update (11-28-04) ThiS com ment IS stIli not addressed The Not Met V
labels on sheets C-3 and C-4 differ, one called a 15 foot utility easement, the other a 15 foot alley
Please clarify
1 0/26/2004 State the FAR, eXlstmg, proposed, and reqUIred Update (11-28-04) ThiS com ment IS stili not Not Met -'"
addressed State the FAR limit as speCified by the CIty Code
Pnnt Date 12/09/2004
CaseCondllons
Page 3 of4
Zonmg Condition Mike Reynolds 562-4836
10/26/2004 Address all crltena within the developments over one acre section of the application form Update G?t ~.D
(11-28~04) Th IS comment IS still not addressed
At rooftop level (see roof plan draWing), show the pool, deck, and recreatlonal area In detail
Update (11 ~28-04) Th IS com ment IS stili not add ressed Where IS the wal kway to the pool? Are
the roof top pavIlions connected to the pool by a walkway?
Label the access Islands at level one with In the garage Update (11-28-04) Th IS comment IS stili Not Met
not addressed _
Label parking space dImensIons (tyPlcaIS);er floor UPd~ (11-28-04) This comment IS stili not ~
addressed Parking space width needs to be labeled If parking space dimenSion typlcals are for ~
all parking levels, state as a plan note on sheet A1 3
Label and show all pedestnan ways within the garage (each level) Update (11-28-04) This
comment IS stili not addressed
10/26/2004
1 0/26/2004
10/26/2004
10/26/2004
10/26/2004
10/27/2004
10/27/2004
1 0/27/2004
10/27/2004
12/01/2004
12/01/2004
12101/2004
12/01/2004
12/01/2004
12/01/2004
12/01/2004
FLD2004~09072
483 MANDALAY AVE
Not Met
C~t Met)
Clearly show all Rights of Way Within and adjacent to the site Not Met
The project as subm1lled makes II dIffIcult to determ.ne If II IS consIstent wllh Beach by DeSIgn r;;;" Met~'J
Update (11-28-04) Th IS comment IS stili not addressed Provide a su m mary as to how the prOJ ect "'-_ J
deSign IS conSistent With Beach by DeSIgn
The color rendering does not show details for the main entrance/driveway Update (11~28-04) Not Met
Provide 15 copies of the color elevation A color elevation was not submitted With the revised
materials post the 11-12-04 DRC
The garage floor plans need to show maneuvering space (typlcals by floor) With dimensIonal ~
arrows, labeled In linear feet Update (11-28-04) Th IS com ment IS s1lfl not addressed Only level ~
three shows thiS detail
The eXisting elevator, per what IS proposed or shown on the floor plans, does not access the third Not Met
and fourth garage levels Update (11-28-04) ThiS comment IS stili not addressed Consider
Improving floor access for the eXisting elevator
Site Plan Sheet C-4 Indicates 74 parking spaces on the Ground Level There appear to be 72 Not Met
spaces shown for thiS level on the site plan draWing (same sheet) Please check thiS
See Beach by DeSign, DeSign GUidelines, B Height, Item number 3, address the f100rplate limit Not Met
See Beach by DeSign, DeSign GUidelines, C DeSign, Scale and Mass of BUildings, Item number Not Met
2 , address the uninterrupted bUilding plane limit for the west and east elevations and adjust the
deSign
See Beach by DeSign, DeSign GUidelines, C DeSign, Scale and Mass of BUildings, Item number Not Met
3, address the Windows or architectural decorations minimum for the north and south elevations
and adjust the deSign
See Beach by DeSign, DeSign GUidelines, C DeSign, Scale and Mass of BUildings, Item number Not Met
4, show, by a draWing, how the 60 percent of maximum bUilding envelope limit on occupancy by a
bUilding IS met
See Beach by DeSign, DeSign GUidelines, D Setbacks, Item number 1 , consider a 10 foot wide Not Met
sidewalk along POinsettIa Street, With the exception to the stop bar and vIsibility triangle areas
See Plan Sheet P5 Label the feature that IS to the right or north of the garage entrance and Not Met
column
CaseCondltons
Print Date 12/09/2004
Page 4 of 4
Reynolds, Mike
From
Sent:
To:
Subject:
Reynolds, Mike
Tuesday, December 07, 2004321 PM
Gerlock, Chip, Hames, Angel
FLD2004-09072, 483 Mandalay Avenue, Pelican Walk (Garage and CondomlOlums)
Pelican Walk Garaqe & Condommlums Prolect Update Summary
· A Flexible Development Application for a Comprehensive Infill Redevelopment Project for 483 Mandalay Avenue was
on September 29,2004
· The application IS proposing three levels of attached multi-family residential units (28 condommlums) above a four
level parking garage The garage IS proposed to have 356 parkmg spaces total
· The applicatIon IS seekmg a reduction of the front (east) setback from 25 feet to 4 77 feet, a reduction of the side
setbacks from 10 feet to zero feet to pavement (south) and 291 feet to bUlldmg (north), and a bUIlding height
Increase to 84 75 feet above Base Flood Elevation to midpoint of roof (In the Tourist DiStrict, 35 feet IS the heIght limit
for attached dwellings, 50 feet IS the height limit for a parking garage)
· The applicatIon was determmed to be complete A letter of completeness was sent to KeIth Zayak (the project
contact)
· The application was considered InsufficIent by the Development Review Committee (ORe) on November 12,2004
The DRC reviewed application plan set resubmlttals on December 2,2004
· If the appllcatlon plan set IS determmed to be suffIcient upon staff receipt and review of subsequent revISions (revIsion
deadline IS December 8,2004), the application submittal WIll be considered by the Community Development Board on
Janu..ary 18, 2005
Mike Reynolds, AICP
City of Clearwater, FL Planning Department
uJ~
''I tfi/fl
01 \
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vf.v t
Mi-y tI.Lvv'/t-r
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1
Reynolds, Mike
From
Sent
To
Subject.
Reynolds, Mike
Tuesday. December 07, 2004 3 21 PM
Gerlock, Chip, Hames. Angel
FLD2004-09072, 483 Mandalay Avenue, Pehcan Walk (Garage and Condommlums)
Pelican Walk GaraQe & Condominiums Prolect Update Summary
· A Flexible Development Application for a Comprehensive lnfill Redevelopment Project for 483 Mandalay Avenue was
on September 29, 2004
· The application IS proposing three levels of attached multi-family residential units (28 condominiums) above a four
level parking garage The garage IS proposed to have 356 parkrng spaces total
· The application IS seeking a reduction of the front (east) setback from 25 feet to 477 feet, a reduction of the side
setbacks from 10 feet to zero feet to pavement (south) and 291 feet to bUilding (north), and a bUIlding height
Increase to 84 75 feet above Base Flood Elevation to midpoint of roof (In the Tourist District, 35 feet IS the height limit
for attached dwellings, 50 feet IS the height limit for a parkIng garage)
· The application was determined to be complete A letter of completeness was sent to Keith Zayak (the project
contact)
· The application was conSidered rnsufficlent by the Development Review Committee (DRC) on November 12, 2004
The DRC reviewed application plan set resubmlttals on December 2, 2004
· If the applicatIon plan set IS determined to be sufficient upon staff receipt and review of subsequent reVISions (revIsion
deadline IS December 8, 2004), the application submittal will be considered by the Community Development Board on
January 18, 2005
Mike Reynolds, AICP
City of Clearwater, FL Plannmg Department
1
Page ~
Reynolds, Mike
From
Sent:
To
Cc
Subject
Bruch, Tracey
Monday, December 06,2004959 AM
Rice, Scott, Reynolds, Mike
QUillen, Michael, Tarapanl, Cyndl
FW Pelocan Walk
FYI
--mOnglnal Messagemn
From: Jim Ebert [mallto Jebert@tlmhaahs com]
Sent: Monday, December 06, 2004 7 59 AM
To: Bruch, Tracey
Subject: RE' PeJocan Walk
HI Tracey I received dwgs from Jerry Koski He called me and we decided since I've received nothmg from
Spencer we'd bypass that route He has a contract for parking layout but not yet structural englneenng
Here are some comments on WPC dwgs dated 11/17/04
1 The entry at the south creates a dangerous condition Not only will entering dnvers be forced to tum nght Into
the opposite lane of cars coming down the ramp, but the stair tower blocks their Sight tnangle Same true for the
dnvers coming down the ramp - they can't see entenng cars
2 I don't understand what IS In the bUlldmgs at the west Shows a lot of doors that "exit?" Into the garage Is thiS
OK and what IS the occupancy separation?
3 Cols B 3 and A 7 are very close to the dnvlng aisles making It difficult to pull Into the stalls next to the
columns
4 Note says revenue control will be pay on foot Where IS the garage elevator lobby and where are POF
machines conveniently located?
5 The curb radius at the entry/exit dnves seem qUite large compared to what I've seen m other cities
6 I believe 8 accessible, not 7 are required by the FL BUilding Code
7 What IS the eXit path from the stair towers along Ptonsetta Street? The doors at the ground floor should open
In the direction of eXit travel
Please keep me up to date Thanks
Please VISit our new website. www tlmhaahs com
E James Ebert, P E.
Executive VIce PreSIdent
Timothy Haahs & ASSOCiates, Inc
550 Township Line Road, SUite 100
Blue Bell, Pen nsylvanla 19422
t 484-342-0200 ext 104
f 484-342-0222
jebert@lImhaahs com
12/6/2004
~
Page 1 of 1
Reynolds, Mike
From: Bruch, Tracey
Sent Thursday, December 02, 2004 9 29 AM
To QUillen, Michael, Rice, Scott, Reynolds, Mike, Tarapanl, Cyndl
Subject FW
Please see JIm's response below...
Tracey
nn-Onglnal Messagem--
From: Jim Ebert [mallto'Jebert@tlmhaahs com]
Sent: Thursday, December 02,20046.39 AM
To: Bruch, Tracey
Subject: RE.
I would NOT approve the resident's entry configuration as It IS presently shown WPC should know how to fix I'll
let you know when I receive more drawings and wIll comment Jim
[Tracey Bruch ] --------------------------------------------------------------------------------------
Jim
According to the Dev Agmt you should be receiving all of the drawings for approval and we realize that has
not occurred However, Please provide any additional comments you have based on the drawings you have
received to date.
Of particular concern to us IS your comment (#2) concerning the difficult turn We concur with your comment
and want to know If you would approve this element of the design as currently configured? According to the
dev agmt you have the ability to approve
Thanks Jim,
Tracey
12/2/2004
1 :45 pm
Case Number
uwner(s).
FLD2004-0l,.v L -~ 483 MANDALA Y AVE
B J E Inc
630 S GulfvlE,w Blvd
Clearwater, fl 3,767
TELEPHONE No Phone, FAX No Fax E-MAIL No Emall
(v/~)
. -
Representative. Keith Zayac
70 I Enterpnse Rd East Ste 404
Safety Hdrbor, FI 34695
TELEPHONE 727-793-9888, FAX 727-793-9855, E-MAIL kelth@kelthzdYdc com
Location. I 68 acre", located approximately 180 feet from the mtersectlOn of Manda lay Avenue and Baymont Street
Atlas Page 267 A
Zomng Dlstnct T, Tounst
Request. Request for Flexible Development approval, to penmt a four-level parkIng garage with 359 pdrklng spaces
and 28 re",1 dentm\ attached uOltS, with d reductIOn 0 f the front (east) setbdck from 25 feet to five feet, a
reductIOn of the side setbacks (north and south) from 10 feet to zero feet, and a bUlldmg hClght IOcrease to
68 5 feet above Base Flood ElevatIon to top of roof (in the Tounst DI",tnct, 35 feet IS the height limit for
attached dwellings, 50 feet IS the height limit for a parkmg garage), as a Comprehensive Infill
Redevelopment Project, under the provIsIOns of SectIOn 2-803 C
Proposed Use Mixed u",e
Neighborhood Clearwater Beach AssocldtIon
AssociatlOn(~) Clearwater, FI 33767
827 Mandalay Ave
TELEPHONE 727-446-580\, FAX No Fax, E-MArL dmacnav@att net
Neighborhood Clearwater Neighborhoods CoalitIOn
AssocI3tion(s)' Clearwater, F1 3376\
2544 Fnsco Dnve
TELEPHONE 727-725-3345, FAX No Fax, E-MAlL DJw@gtenet
Neighborhood Coral Resort Condonnnum
ASsoclatlOn(s). Clearwdter, Fl 33767
483 E Shore Dnve
TELEPHONE 727-446-3711, FAX No Fax, E-MAIL coral483@aol com
Presenter: MIke Reynolds, Planner III
Attendees Included: Chip Gerlock, Mike Reynolds, Scott Rice, Tracey Bruch, Joe Colbert, Tom Glenn
The DRC reviewed thl" applIcation With the following comments:
General Engmeermg:
Development RevlCw Agenda - rhursday, December 2,2004 - Page 45
I) CI he drdlltectUl ~_ drawmgs and cIvIl drawmgs do not match Me ~
2) The architectural drawmgs, Sheet A I 1, shows 362 pal klllg ~paces provided and the civil plans
"how 359 PLANS NOW CONSISTbNT
3) The architectural plans show two gated IIlgress/egress dnve aJ~]es whlle the (,lvll plam only
:;,how the most northerly mgres.;;/egress havIng a control gdte MET
4) The architectural drawmg ~how sldewdlk.;; leading from <;talr tower to curb, while the cIvil
"how sldewalk bemg extendcd to back-of-sldewalk DesIgn ~hould not encourage mId-block
crossmgs duc to safety red sons MET
5) The archItectural plans .;;how columns being constructed wltlun dnve aisle.;; and parkmg spaces
MET
6) Where do servIce and delivery velucles park? PULL OFF AREA ADDED
7) Show how the resIdenb dccess the rooftop pool and all related funchon:;, around the pool
MET
8) ExhIbIt IrC" (I O)(B) "tates the floor plates above 42 ft are 28,200 sq ft which does not meet
de~lgn cntena PLANNING CRITERIA
9) ExhIbit "C" (10)(0) states that setbacks along local street& should be 12 ft and the proposed
structure I';; only 5 ft from the nght-of-way ofPolnsettJa Street PLANNING CRITERIA
10) The architectural plans Sheet P I shows the watersIde balcony extending approximately 36 ft
beyond the extenor wall whde a dImensIonal note for the waterside balcony IS 10' X 30'
RESOLVED
,-. II) Need to venfY where the eXIstmg 6" clay pIpe runs through the south end of the property It
serves NEEDS TO BE SHOWN MORE CLEARLY
,- 12) Need to show to where the eXIstIng grease traps are being relocated HOW WILL SERVICE
VEHICLES GAIN ACCESS TO SERVICE THE TRAPS')
_ 13) The eXistIng gas meters may need to be relocated at the applicant's expen <;e MET
14) The eXI<,tmg backflow devlce(s) WIll have to be relocated outSide buildmg envelope and stay
- WlthlO the bounddnes of this property ownershIp BACKFLOW DEVICES NEED TO BE
RELOCATED AT APPLICANT'S EXPENSE
15) The proposed stop &Igns appear to be behmd wal]" of the parlang garage MET
16) Need to mstall the F DC on pnvate property and meet Fife Department's requuements MET
17) Need to proVide enough fire hydrant a<;sembhes along all nghts-of-way to meet Fife
Department's reqUirements MAY NEED ADDITIONAL HYDRANT TO SATISFY FIRE
NEEDS
18) The eXlstmg fire hydrant as"embly south of structure IS shown on the west SIde ofPolDsettla
Street whlic the CIty'S atlas shows It on the east Side Engmecr to venfy lOCation and show the
distance from the property MET
_ ] 9) The clVlI plans show a 25 ft +1- dumpster staging area/access ramp/parkmg spaces Need to
create d much smaller stagmg area hke the archttectural drawmgs show APRONS ARE NOT
REQUIRED FOR STAGING AREA IS STAGING AREA REQUIRED FOR TRASH CHUTE?
20) How do the empty dumpsters rotate 10 and out of condoilllmum trash enclosures? MET
__ 21) PrOVide detail for samtary connectIon at south end ofbU1ldmg to proVIde contmuous sarntary
sewer servIce to properties Iymg .;;outh of thiS project SEE COMMENT # II
22) Provlde details of proposed water and sarutary connectlOns MET
22) On Sheet C-5, what does the note "Cut dnd Repalf" refer to? MET
23) What IS the clear vertical height of the first floor above the relocated sarutary Plpehne? MET
.- 24) PROPOSED FIRE HYDRANT ASSEMBLIES AND FIRE LINE TO BUILDING CANNOT
BE CONNECTED TO A RECLAIMED WATER PIPELINE
,.- 25) WHAT IS THE PURPOSE OF THE EXISTING 4" WATER MAIN SHOWN ON SHEET 5
_ 26) TO COMPLY WITH BEACH BY DESIGN CRITER lA, PUBLIC SIDEWALK ALONG
POINSETT A SHALL BE lO-FEET WTDE WHERE POSSIBLE
27) NOTE AddltlOllal comments may be necessary based on the response,> to conditIOns
All the above to be addressed pnor to COB
Pnor to bUlldmg permit
1) FJeld determine Invert elcvatlOns of eXIstmg samtary hne
2) Provlde mvert elevatIOns ofpropo"ed 8-Inch samtdry hne
3) If proposed samtary hne IS less that 3-feet below fim:;,hed grade It shall bc ductl Ie lTon
bnvlron men tal.
No Issue"
Fire
No Corruncnts
Development ReView Agenda - Thursday, December 2,2004 - Page 46
Harbor Md..ter
No Comments
Legal:
No Comments
Land Rc~ourcel>:
11118/04-Palm remoVdh equatP to I" only replacements dho equate to 1" only Revise pnor to
Buddmg Penrut
10/22/04- Revise tree removal calculatIOns, all trees rated 2 or below do not requne
replacements and all palm trees are replaced at one mch each Provide pnor to bUlldmg permit
Landscapmg
1 no Issues
Parks and RecreatIOn'
Open Spdce and RecreatIOn lmpact fecs are due pnor to Issuance ofbUlldmg penruts or final
plat (If apphcable) whichever occurs first These fees could be substantial and It IS
recollll11ended that you contact Deb R1chter at 727-562-4817 to calculate the assessment
Stormwater.
! Are eXlstmg pond and stormwater ~ystcm bcmg modIfied? (met)
2 Place a note on the plans for the contractor to regrade pond and clcan out eXlstmg structures
If they are to remam (met)
3 Direct all runoff from the garage to the pond (note Wd'> added to plans, however more mfo
will be needed for construction Pnor to any bUlldmg penruts, provIde sufficient grades, flow
arrows, drams, ctc to show how the Site will dram to the pond)
Solid Waste.
I
Enclosure not to Spc Exp!am how condo urnls Wlll dIspose of trash, how willlhey recycle,
Show how eXlstmg rctat! will dispose of Sohd W d~tc and Recyclmg
12-01-04 Is the "roll-out Dumpster" on the South ~Idc a compactor 'I It IS uncledr lfnot there
IS madqudte service
Traffic Engineermg.
Development ReView Agenda - Thursday, December 2,2004 - Page 47
Plannmg'
-
I Parkmg garae, _~slgn on CIvil plelnS and architectural plans do . match MET
2 All parking ~paces and drive al<;]u; 11111<;t mcet current city standards 1 e for a 90 degree
parkmg stall ]t must meet mmmmm dllnenslOns of 9 ' wIde by 19' long with a 24' wide drive
als]e 185' DIMENSION AS SHOWN ON THE SITE PLAN 1S ACCEPTABLE WITH THE
CITY ENGINEER ] 0/28/2004 - PROVIDE DIMENSIONS FOR PARKING STALLS ON
FLOORS 2-3-4 ]2/1104 - SHEET Al 1 INDICATES STALL DEPTH 17 5', BUT SHEET
Al 3 SHOWS 185' TYPICAL, PLEASE CLARIFY
3 All disabled parkmg stall<; must comply with current City standards (width, accessible aisle
and colunms m al~le) MET
4 Provide a detail ofthe dl<;ablcd parkmg stall and sign SEE COMMENT #2 FINE
AlvlOUNT IS INCORRECT - SHOULD BE $255
5 All dlsab]ed parlang stalls must be :;.trateglcally located close to an accessIb]e entrance MET
6 A]] ]evels 0 f parkmg must meet reqUired A 0 A hCI ght clearance (8' - 2) for handicap vam
MET
7 Show aceesslb]e path from park.ll1g garage to connect retail bUlldmg,condo and public
sIdewalks NEED ACCESSIBLE P A TI-I FROM GARAGE TO SIDEWALK ALONG
POINSETT A STREET
8 General Note Garage supports such as walls and column:. must not mtrude wltlun parkmg
stall dimensiOns (Commumty Development Code SectIon 3~ 1402) ACKNOWLEDGED
9 General Note Garage supports <;ueh as walls must not Impede dnver's s1ght vIsibility when
backmg out of parkmg space (Commumty Development Code Section 3-1402)
ACKNOWLEDGED
10 Columns mu<;t not mtrude mto the dlsab]ed parkmg acces:;, aisle Chapter 11 F10nda
BUlldmg AccessIbility Code, Section 11-463 MET
11 Demonstrate that colunm locatIOns provide adequate turnmg radlU:;' to accommodate all
vclucuIar mobIlity without encroachmg mto other traffic VEHICLE PATHS NOT
CONTINUOUS RIGHT TURN ONTO RAMP AT SOUTHWEST CORNER OF GARAGE
DOES NOT APPEAR TO SA TTSFY THIS CONDITION
12 Show ]ocatlOn ofparkmg ticket dlspenser(s) MET
13 Show l>tackmg for 18' vemele with 2' gap between vehicles entenng the parlang garage at
the tIcket dIspenser at all entrances Stackmg for a mmlmum of two vemcles at the mam
entrance and one at the condorrumum entrance MET
14 Sight vlslbtlity tTlangles are not dl<;played correctly Please refer to the commumty
devdopment code for correct placement Page CD330 MET
15 Remove bUlldmg structures such as walls that are wlthm the sight vlSlbllty tnangles or
re-deslgn bUlldlllg wall whcre motonst's line of sight ]S not obstructed THUS MUST BE
INCLUDED IN REQUEST
16 Pamt stop bar dnd the word" stop" at the bottom of ramp lOCated near the condorrumum's
dnveway MET
All ofthe above to be addressed pnor to COB
-
Traffic Impact Fee<; to be determmed and paid pTlor to C 0
PTlor to blll]dmg perrrut
1 Show hghtll1g and dramage plan
Development ReVIew Agenda - Thursday, December 2,2004 - Page 48
How many pdrklT't> "pace~ are dedicated to ihe residentIal compont-. 0fthe site?
State this mfonnatlon wlthm the site ddtJ. table Upddte (11-28-04) Thl5 1lem IS still not
J.ddre55ed Pledse provIde the mfOn1latlOn wlthm the ~Ite data table Also exp]am the difference
between reSident parkmg and resident accessible (see Sheet A I I)
2 Improve the c1anty of the location map Update (11-28-04) This LOmment IS stIli not addre~~ed
3 The site plan ~hould have a plan sheet thdt ~hows the bUlldmg and It~ ~quare footage Update
(I ] -28-04) This comment IS Stl]] not addressed
4 Label dll outdoor hghtmg UpdJ.tc (11-28-04) Provide mfonnatlOn as stated wlthm the
11-19-04 transnntta] letter from applicant to C1 ty staff as J.n additIOn to Plan Note # ] 9
5 CleJ.rly show all eXlstmg and proposed acce<,5es to thl~ property Update (11-28-04) ThiS
comment IS ~t1l1 not addre<;<;ed
6 Improve the mdex sheet (expand It to mc1ude parkmg leve] sheets) Update (11-28-04) ThiS
comment I~ <;t1l] not addre<;sed The mdex sheet should account for J.J\ 5heets wlthm the sIte plan
and architectural plans set
7 Label the locatIOn of all easements Update (11-28-04) ThiS comment I~ stIll not addre~sed The
labels on sheets C-3 dnd C-4 differ, one called a 15 foot utility easement, the other a 15 foot
alley Please c1anfy
8 State the FAR, eXlstmg, proposed, and reqUIred Update (11-28-04) Trus comment IS stili not
addressed State the FAR hmlt as specified by the City Code
9 Address all cntena wlthm the developments over one acre sectIOn of the application form
Update (I ] -28-04) ThiS comment IS sh II not addressed
10 At rooftop level (~ee roof plan drawmg), show the pool, deck, and recreatlOna] area m detail
Update (1] -28-04) ThIS comment IS still not addressed Where IS the walkway to the pool?
Are the roof top pavlllOns connected to the pool by a walkway?
II Label the access 1<;lands at level one wltrun the garage UpdJ.te (11-28-04) Thl~ comment IS stil]
not addressed
12 Label parkmg spJ.ce dImenSions (typlcals) per floor Update (11-28-04) ThiS comment IS stll]
not addressed Parlong space Width needs to be ]abeled Ifparlong space dimenSIOn typlcals are
for all parklllg levels, state a<; a plan note on ~heet Al 3
13 Label and show all pedestnan ways wlthm the garage (each level) Update (11-28-04) Tills
comment IS st1l1 not addressed
14 Clear]y show all RIghts of Way wItrun and adjacent to the Site
15 The proJ eet as subnntted makes It dlfficu]t to deterrnme If It IS consl stent With Beach by DeSign
Update (11-28-04) ThiS comment IS st1l] not addressed ProVide a summary as to how the
project deSign IS consistent With Beach by DeSign
] 6 The eo]or rendenng does not show details for the mJ.m entrance/dnveway Update (11-28-04)
PrOVIde 15 caples of the color elevation A color e]evatlOn was not submitted With the revised
matenals post the 11-12-04 DRC
17 The garage floor plans need to show mancuvenng space (typlca]s by floor) With dimensIOnal
arrows, labeled m lmear feet Update (11-28-04) ThIS comment I~ stIll not addressed Only level
three <;hows thiS detml
18 The eXlstmg elevator, per what IS propo~ed or shown on the floor plans, does not access the thIrd
and fourth garage ]evels Update (11-28-04) 'I hl<; comment IS ~tlll not addressed Consider
Improvlllg floor access for the eXIstmg elevator
19 Site P]dn Sheet C-4 mdlcates 74 parking spaces on the Ground Leve] There appear to be 72
spaces shown for thl<; ]evel on the <'Ite plan drawmg (same sheet) Plcase check thl~
20 Sce Beach by DeSign, Design GUldelmc~, B Height, Item number 3 , J.ddress the floorplate hnnt
21 See BeJ.ch by DeSign, DeSign GUldelmes, C DeSign, Scale and Mass of BUl]dmg~, ltem number
2, address the unmterrupted bUl]dmg plane hmlt for the west and cast e]evatlOn~ and adjust the
deSign
22 See Beach by DeSign, De51gn GUldchnes, C DeSign, Scale J.nd Mass of BUlldmgs, Item number
3 , address the wmdows or arc111te(,tUla] decorJ.tlOns minimum for thc north and south elevations
and adJu~t the deSign
23 See Beach by DeSIgn, DeSIgn GUldehncs, C DeSign, Scale and Mass of Bmldmgs, Item numbcr
4, show, by a drawmg, how the 60 percent of maxImum hmldmg envelopc I1mlt on occupancy by
a bUlldmg IS met
24 See Beach by De~]gn, DeSign GUIdelines, D Setbacks, Itcm number 1 , con~lder a ] 0 foot WIde
SIdewalk along POInsettIa Stl eet, With the exccptIon to thc stop bilr and VISibility tnangle areas
25 See Plan Shlcet P5 Label the featurc that IS to the rIght or north of the garage entrance and
column
Development ReVieW Agenda - Thursday, December 2,2004 - Page 49
Other
No Comments
NO'les, ThIs apphcatlOn If:, msuffiCIent to be sGhcduled for reVlew by the COB
Development RevIew Agenda - Thursday, December 2, 2004 - Page 50
'~1"'P:-""-I~ -..
1)';.,(11 .~"""''':;:
f ~~' ~.' ...
).\"b, ~\lj, ' . Q~~
~~ ~ t#' llI; ~
.. hiQ'!,).\"=:="l - ~~
;-~~ ~.
\..~ -==- ~~c
'~~T~i:\.~~'
Englneennlf C"d'fi~tlon Don Melone
1 0/28/2004 1 ) The architectural d rawlllgs and cIvil drawings do not match
2) The architectural drawlllgs, Sheet A1 1, shows 362 parking spaces provided and the cIvil plans
show 359
3) The architectural plans show two gated Illgress/egress drive aisles while the cIvil plans only
show the most northerly Ingress/egress havIng a control gate
4) The architectural drawing show sidewalks leading from stair tower to curb, while the cIvil show
sidewalk being extended to back-of~sldewalk Design should not encourage mid-block crosslllgs
due to safety reasons
5) The architectural plans show columns belllg constructed within drive aisles and parklllg
spaces
6) Where do service and delivery vehicles park?
7) Show how the residents access the roof top pool and all related functions around the pool
8) Exhibit "Cn (10)(8) states the floor plates above 42 ft are 28,200 sq ft which does not meet
design cntena
9) Exhibit "Cn (10)(D) states that setbacks along local streets should be 12 ft and the proposed
structure IS only 5 ft from the right-of-way of POlllseUla Street
10) The architectural plans Sheet P 1 shows the waterside balcony extending approximately 36 ft
beyond the extenor wall wh lie a dimensional note for the watersIde balcony IS 10' x 30'
11) Need to venfy where the eXisting 6" clay pipe runs through the south end of the property It
serves
12) Need to show to where the eXisting grease traps are being relocated
13) The eXisting gas meters may need to be relocated at the applicant's expense
14) The eXIsting backflow devlce(s) will have to be relocated outside bUlldlllg envelope and stay
within the boundanes of this property ownership
15) The proposed stop Signs appear to be behind walls of the parking garage
16) Need to Install the F DC on pnvate property and meet Fire Department's requirements
17) Need to provide enough fire hydrant assemblies along all nghts-of~way to meet FIre
Department's reqUirements
18) The eXisting fire hydrant assembly south of structure IS shown on the west side of POlllsettla
Street while the city's atlas shows It on the east side EngIneer to venfy location and show the
distance from the property
19) The cIvil plans show a 25 ft +/~ dumpster staging area/access ramp/parklng spaces Need to
create a much smaller staging area like the architectural drawings show
20) How do the empty dumpsters rotate In and out of condominium trash enclosures?
21) Provide detail for sanitary connection at south end of bUilding to provide contllluous sanitary
sewer servIce to properties lYing south of this project
22) Provide details of proposed water and sanitary connections
22) On Sheet C-5, what does the note "Cut and Repair" refer to?
23) What IS the clear vertical height of the first floor above the relocated sanitary pipeline?
24) NOTE Additional comments may be necessary based on the responses to conditions
All the above to be addressed prior to CDS
Conditions Associated With
FLD2004-09072
483 MANDAlAY AVE
~fA
t/:15 -
( __ 0"(
(1//
562-4798
Not Met
Pnor to bUilding permit
1) Field determme Invert elevations of eXisting sanitary line
2) PrOVide Invert elevations of proposed 8-lnch sanitary line
3) If proposed sanitary line IS less that 3-feet below finished grade It shall be ductile Iron
Environmental Condition
10/26/2004 No Issues
Heather Faessler
562-4897
Not Met
Fire ConditIon Joe Colbert
562-4567 xt 3548
11/23/2004
Show FDC at least 15 feet from the bUlldmg and within 40 feet of a Fire Hydrant dedicated to the
Fire Sprinkler System PRIOR TO CDS
11/23/04 J C Condition met by revIsed plans received 11/18/04
Met
CaseCondltons
Print Date 12/01/2004
Page 1 of 5
Fire CondItion
11/23/2004
11/23/2004
landscape
11/23/2004
11/23/2004
FLD2004-09072
483 MANDAlAY AVE
Joe Colbert
562-4567 xt 3548
Where underground water mains and hydrants are to be IOstalled, they shall be Installed, Met
completed, and 10 service prior to construction as per NFPA 241 Please acknowledge PRIOR TO
CDB
11/23/04 J _ C Condition met by note on revised plans receIVed 11118/04
This DRC Review by Fire IS not an approval or review of any construction plans or documents Met
other than site work PLEASE ACKNOWLEDGE
11/23/04 J_ C Condition met by narrative received 11/18/04
Arden Dittmer
562-4604
10/27/2004 (A_D) Met
Prior to Development Order,
1 Change plant matenals below the palms to Dwarf Oleander, between them change the plants
to Podocarpus which will grow taller, and limit the "IV" to the areas adjacent to the doorways and
entrances
2 Darken the palms which are to remain, It IS unclear as to where they are and If they conflict
WIth proposed
3 Several palms appear to be rated well, located away from construction and are shown as X'd
out
4 There IS a Single palm shown on the plan which IS not 10 the list and not keyed on the plan
5 Venfy the count on all plant material, and submit a revised plan sheet for revIew
no Issues Not Met
10/22/2004
land Resource Condition
Rick Albee
562-4741
11/18/04-Palm removals equate to 1" only, replacements also equate to 1" only ReVise pnor to Not Met
BUlldlOg Permit
1 0/22/04-Revlse tree removal calculations, all trees rated 2 or below do not require replacements
and all palm trees are replaced at one lOch each ProVIde prior to bUilding permit
Parks & Recs Condition
Open Space and Recreation Impact fees are due pnor to Issuance of bUilding permits or final plat Not Met
(If applicable) whIchever occurs first These fees could be substantial and It IS recommended that
you contact Deb Richter at 727-562-4817 to calculate the assessment
10/19/2004
Storm Water Condition
Brian Barker
562-4779
1 Are eXisting pond and stormwater system being modifIed? (met) Not Met
2 Place a note on the plans for the contractor to regrade pond and clean out eXIsting structures If
they are to remain (met)
3 Direct all runoff from the garage to the pond (note was added to plans, however more IOfo will
be needed for construction Prior to any bUilding permits, provide sufficient grades, flow arrows,
drains, etc to show how the site will drain to the pond)
Initials MISSing
100tlals MISSing
Solid Waste Service
12/01/2004
Not Met
Enclosure not to Spc ExplalO how condo UOltS will dispose of trash, how will they recycle, Show
how eXisting retail wIll dispose of Solid Waste and Recycling
12-01-04 Is the "roll-out Dumpster" on the South side a compactor? It IS unclear If not there IS
Inadquate servIce
TraffiC Eng Condition Bennett Elba 562-4775
10/27/2004 1 Parking garage deSign on CIVil plans and architectural plans do not match MET
2 All parking spaces and drive aisles must meet current city standards I e for a 90 degree parklOg
CaseCondltons
Not Met
Pnnt Date 12/01/2004
Page 2 of 5
FLD2004-09072
483 MANDALAY AVE
Traffic Eng Condition Bennett Elbo 562-4775
stall It must meet minimum dimensions of 9' wide by 19' long with a 24' wide dnve aisle 185'
DIMENSION AS SHOWN ON THE SITE PLAN IS ACCEPTABLE WITH THE CITY ENGINEER
10/28/2004 - PROVIDE DIMENSIONS FOR PARKING STALLS ON FLOORS 2-3-4 12/1104 ~
SHEET A1 1 INDICATES STALL DEPTH 17 5', BUT SHEET A1 3 SHOWS 18 S' TYPICAL,
PLEASE CLARIFY
3 All disabled parking stalls must comply wIth current cIty standards (width, accessible aisle and
columns In aisle) MET
4 Provide a detaIl of the dIsabled parking stall and Sign SEE COMMENT #2 FINE AMOUNT IS
INCORRECT - SHOULD BE $255
5 All disabled parking stalls must be strategIcally located close to an accessible entrance MET
6 All levels of parking must meet requIred A 0 A height clearance (8' - 2) for handicap vans MET
7 Show accessible path from parking garage to connect retail bUlldmg,condo and public
sidewalks NEED ACCESSIBLE PATH FROM GARAGE TO SIDEWALK ALONG POINSETTA
STREET
8 General Note Garage supports such as walls and columns must not Intrude within parking stall
dImenSIons (CommunIty Development Code Section 3-1402) ACKNOWLEDGED
9 General Note Garage supports such as walls must not Impede dnver's sight vIsibility when
backing out of parkmg space (Community Development Code Section 3-1402)
ACKNOWLEDGED
10 Columns must not Intrude Into the disabled parking access aisle Chapter 11 Flonda BUildIng
Accessibility Code, Section 11-463 MET
11 Demonstrate that column locations provide adequate turning radius to accommodate all
vehicular mobility wIthout encroachIng Into other traffic VEHICLE PATHS NOT CONTINUOUS
RIGHT TURN ONTO RAMP AT SOUTHWEST CORNER OF GARAGE DOES NOT APPEAR TO
SATISFY THIS CONDITION
12 Show location of parking ticket dlspenser(s) MET
13 Show stacking for 18' vehicle with 2' gap between vehIcles entenng the parking garage at the
tIcket dispenser at all entrances Stacking for a minimum of two vehicles at the main entrance and
one at the condominium entrance MET
14 Sight vIsibility triangles are not dIsplayed correctly Please refer to the community
development code for correct placement Page CD330 MET
15 Remove bUilding structures such as walls that are within the sight vlslbllty tnangles or
re-deslgn bUilding wall where motorist's line of sight IS not obstructed THUS MUST BE
INCLUDED IN REQUEST
16 Paint stop bar and the word "stop" at the bottom of ramp located near the condominium's
driveway MET
All of the above to be addressed prior to CDB
Traffic Impact Fees to be determined and paid prior to CO
Prior to bUilding permit
1 Show lighting and drainage plan
Zoning Condition Mike Reynolds 562-4836
10/26/2004 Correct the discrepancy between the architect's plans and the CNII site plan regarding bUlldmg
height
10/26/2004 How many parkmg spaces are dedicated to the residential component of the site?
State th IS Information with In the site data table Update (11-28-04) Th IS Item IS stili not
addressed Please provide the Information within the site data table Also explain the difference
between resident parkmg and resident accessible (see Sheet A 1 1)
10/26/2004 ProvIde north and south bUilding elevations
Met
Not Met
Met
Pnnt Date 12/01/2004
CaseCondllons
Page 3 of 5
FLD2004-09072
483 MANDALAY AVE
Zomng ConditIon Mike Reynolds 562-4836
10/26/2004 BUilding height should be stated from BFE to roof mIdpoint Update (11-28-04) condition met, but Met
state the height by decimal, Ie 8475 feet
1 0/26/2004 1m prove the clanty of the location map Update (11-28-04) This com ment IS stili not addressed Not Met
10/26/2004 The site plan should have a plan sheet that shows the bUilding and ItS square footage Update Not Met
(11-28-04) This comment IS stili not addressed
10/26/2004 Label all outdoor lighting Update (11-28-04) Provide information as stated within the 11.1 9-04 Not Met
transmittal letter from applicant to City staff as an addition to Plan Note # 19
10/26/2004 Clearly show all eXisting and proposed accesses to th IS property Update (11-28-04) Th IS Not Met
comment IS stili not addressed
10/26/2004 Improve the Index sheet (expand It to Include parking level sheets) Update (11-28-04) ThiS Not Met
comment IS stili not addressed The Index sheet should account for all sheets Within the site plan
and architectural plans set
10/26/2004 Correct the site data table Information on lot sIze and bUilding height (clanfy what deck means) Met
10/26/2004 Label the location of all easements Update (11-28-04) Th IS com ment IS stili not add ressed The Not Met
labels on sheets C-3 and C4 dIffer, one called a 15 foot utility easement, the other a 15 foot alley
Please clanfy
1 0/26/2004 The site plan set needs to show and ItemIze the parking spaces per floor of the parking garage Met
The fourth level sheet needs to show which IS public versus pnvate (residential) parking Update
(11-28-04) Provide thiS Information Within the site data table, as well
10/26/2004 State the FAR, eXisting, proposed, and required Update (11-28-04) ThiS comment IS stili not Not Met
addressed State the FAR limIt as specified by the City Code
10/26/2004 Address all cntena Within the developm ents over one acre section of the application form Update Not Met
(11-28-04) Th IS comment IS stili not addressed
10/26/2004 At rooftop level (see roof plan draWing), show the pool, deck, and recreational area In detail Not Met
Update (11-28-04) ThiS comm ent IS stl II not add ressed Where IS the wal kway to the pool? Are
the roof top pavIlions connected to the pool by a walkway?
10/26/2004 Label the access Islands at level one Within the garage Update (11-28-04) ThiS comment IS stili Not Met
not addressed
10/26/2004 Label parking space dimensions (typlcals) per floor Update (11-28-04) ThiS com ment IS stili not Not Met
addressed ParkIng space Width needs to be labeled If parking space dimenSion typlcals are for
all parking levels, state as a plan note on sheet A 1 3
10/26/2004 Correct the discrepancy In total number of parking spaces Site Plan states total to be 359 Met
parking spaces, and the architect's plans state 362 spaces Update (11.28-04) Both plan sets
now show same totals of 356 parkmg spaces
10/26/2004 Label and show all pedestnan ways Within the garage (each level) Update (11-28-04) ThiS Not Met
comment IS stili not addressed
10/26/2004 Clearly show all R!ghts of Way Within and adjacent to the sIte Not Met
10/26/2004 PrOVide a color landscape plan Met
10/26/2004 BUilding elevations need to Include dlmemSlonal arrows to Indicate heIght from BFE to roof Met
midpOint and to roof towers The eXisting submittal shows roof height to the eaves
10/2712004 The project as submItted makes It difficult to determme If It IS consistent With Beach by DeSign Not Met
Update (11-28-04) ThiS comment IS stili not addressed PrOVide a summary as to how the project
deSign IS consistent With Beach by DeSign
Print Date 12/01/2004
CaseCondltons
Page 4 of 5
FLD2004-09072
483 MANDALAY AVE
Zoning Condition MIke Reynolds
1 0/27/2004 The bu Ildmg elevations are not consistent with the color ren den ng
10/27/2004
10/27/2004
10/27/2004
10/27/2004
10/27/2004
12/01/2004
12/01/2004
12/01/2004
12/01/2004
12101/2004
12/01/2004
12/01/2004
562-4836
Met
The bUilding elevations need to clearly mdlcate, by labels, a description of the proposed bUlldmg Met
materials Label any faux wIndows and any other design features
The color rendenng does not show details for the main entrance/driveway Update (11-28-04) Not Met
Provide 15 copIes of the color elevation A color elevation was not subm Itted wIth the revised
matenals post the 11-12-04 DRC
The garage floor plans need to show maneuvering space (typlcals by floor) with dimensional Not Met
arrows, labeled In "near feet Update (11-28-04) Th IS com ment IS stili not addressed Only level
three shows thiS detail
The eXisting elevator, per what IS proposed or shown on the floor plans, does not access the third Not Met
and fourth garage levels Update (11-28-04) ThiS comment IS stili not addressed Consider
Improving floor access for the eXisting elevator
See Plan Sheet A1 4 Correct the parking total shown as 61 spaces (should be 60 spaces) Met
Update (11-28-04) The total IS now ItemIzed on Sheet A1 1
Site Plan Sheet C-4 indicates 74 parking spaces on the Ground Level There appear to be 72 Not Met
spaces shown for thiS level on the site plan drawing (same sheet) Please check thiS
See Beach by Design, Design GUidelines, B Height, Item number 3, address the f100rplate limit Not Met
See Beach by Design, Design GUidelines, C Design, Scale and Mass of BUildings, Item number Not Met
2 , address the uninterrupted bUilding plane limit for the west and east elevations and adjust the
design
See Beach by Design, Design GUidelines, C Design, Scale and Mass of BUlldmgs, Item number Not Met
3 , address the windows or architectural decorations minimum for the north and south elevations
and adjust the design
See Beach by Design, DesIgn GUidelines, C Design, Scale and Mass of BUildings, Item number Not Met
4, show, by a drawing, how the 60 percent of maximum bUilding envelope limIt on occupancy by a
bUlldmg IS met
See Beach by DesIgn, DesIgn GUidelines, D Setbacks, Item number 1 , consider a 10 foot wide Not Met
sidewalk along POinsettia Street, with the exceptIon to the stop bar and vIsibility tnangle areas
See Plan Sheet P5 Label the feature that IS to the right or north of the garage entrance and Not Met
column
CaseCondltons
Print Date 12/01/2004
Page 5 of 5
Page 1 of 1
Reynolds, Mike
Co/lf
From
Sent
To
Subject
Bruch, Tracey
Tuesday, November 30,2004856 AM
QUIllen, Michael, Rice, Scott, Reynolds, Mike
FW
fyl
n---Onglnal Message---n
From: Jim Ebert [mallto']ebert@tlmhaahs,com]
Sent: Tuesday, November 30,20047'32 AM
To: Bruch, Tracey
Subject:
Good morning Tracey I receIved CIvil dwgs From Keith Zayak & Assoc And have a few comments ObvIously
It IS hard to review without the Arch Dwgs Though
1 It appears the garage IS set tight to the bUildings on the west and columns are In the sewer easement - In fact
the 2nd line of cols Are nght on the sewer If It remains
2 Some entry/exlt details stili show Impossible turns that I commented on to WPS a couple of months ago
3 I couldn't make out all the sidewalk slopes but there needs to be a 5' x 5' are outside any accessible bUIlding
eXit that IS no greater than a 1 48 slope
4 I did not look at the landscaping to see If /t conforms to your Beach Design standards
I really need to see the Arch and Struct Dwgs MEP too
Let me know what's up Best-
Please VISit our new webslte wwwtlmhaahs com
E, James Ebert, P,E
Executive VIce PresIdent
Timothy Haahs & AsSOCiates, Inc
550 Township Lme Road, SUite 100
Slue Bell, Pennsylvania 19422
t 484-342-0200 ext 104
f 484-342-0222
jebert@tlmhaahs com
11/3012004
10/28/2004
Conditions Associated With
FLD2004-09072
483 MANDALAY AV,E
Don Melone
562-4798
1) The architectural drawings and cIvil drawings do not match Not Met
2) The archltectu ral drawmgs, Sh eet A 1 1, shows 362 parking spaces provided and the cIvil plans
show 359
3) The architectural plans show two gated Ingress/egress drive aisles while the cIvil plans only
show the most northerly Ingress/egress having a control gate
4) The architectural drawing show sidewalks leading from stair tower to curb, while the CIVil show
sidewalk being extended to back.of.sldewalk Design should not encourage mld.bfock crossings
due to safety reasons
5) The architectural plans show columns berng constructed Within dnve aisles and parking
spaces
6) Where do service and dehvery vehIcles park?
7) Show how the reSidents access the roof top pool and all related functions around the pool
8) Exhibit "C" (10)(8) states the floor plates above 42 ft are 28,200 sq ft which does not meet
design criteria
9) Exhibit "C" (10)(0) states that setbacks along local streets should be 12 ft and the proposed
structure IS only 5 ft from the nght-of-way of POinsettIa Street
10) The architectural plans Sheet P 1 shows the waterside balcony extending approximately 36 ft
beyond the extenor wall while a dimensional note for the waterside balcony IS 10' x 30'
11) Need to verify where the eXlstmg 6" clay pipe runs through the south end of the property It
serves
12) Need to show to where the eXisting grease traps are being relocated
13) The eXisting gas meters may need to be relocated at the applicant's expense
14) The eXisting backflow devlce(s) will have to be relocated outside bUIlding envelope and stay
WIthin the boundanes of thiS property ownership
15) The proposed stop signs appear to be behind walls of the parking garage
16) Need to Install the F D C on pnvate property and meet Fire Department's requirements
17) Need to provIde enough fire hydrant assemblies along all rights-of-way to meet Fire
Department's requirements
18) The eXlstmg fire hydrant assembly south of structure IS shown on the west side of POinsettia
Street whIle the CIty'S atlas shows It on the east sIde Engmeer to venfy location and show the
distance from the property
19) The CIVil plans show a 25 ft +/- dumpster stagmg area/access ramp/parking spaces Need to
create a much smaller staging area like the architectural drawings show
20) How do the empty dumpsters rotate In and out of condommlum trash enclosures?
21) Provide detail for sanitary connection at south end of bUIlding to provide continuous sanitary
sewer service to properties lYing south of thiS project
22) ProVide detaIls of proposed water and sanitary connections
22) On Sheet C-5, what does the note "Cut and Repair" refer to?
23) What IS the clear vertical heIght of the first floor above the relocated sanitary pipeline?
24) NOTE AdditIonal comments may be necessary based on the responses to conditIons
All the above to be addressed pnor to COB
Prior to bUIlding permit
1) FIeld determine Invert elevations of eXisting sanitary line
2) Provide Invert elevations of proposed 8.lnch sanItary line
3) If proposed sanitary line IS less that 3-feet below finished grade It shall be ductile Iron
10/26/2004
Environmental Condition
Not Met
Heather Faessler
562-4897
No Issues
land Resource CondItion
Rick Albee
5624741
CaseCondltons
Pont Date 11/28/2004
Page 1 of 4
FLD2004-09072
483 MANDAlAY AVE
land Resource Condition
Rick Albee
562-4741
1 0/22/2004
11/18/04-Palm removals equate to 1" only, replacements also equate to 1" only Revise prior to Not Met
BUilding Permit
1 O/22/04-Revlse tree removal calculations, all trees rated 2 or below do not require replacements
and all palm trees are replaced at one mch each Provide prior to bUlldmg permit
Parks & Recs Condition
Open Space and Recreation Impact fees are due prior to Issuance of bUilding permits or fmal plat Not Met
(If applicable) whichever occurs first These fees could be substantIal and It IS recommended that
you contact Deb Richter at 727-562-4817 to calculate the assessment
Storm Water ConditIOn
Brian Barker
562-4779
10/19/2004
1 Are eXlstmg pond and stormwater system bemg modified? (met) Not Met
2 Place a note on the plans for the contractor to regrade pond and clean out eXisting structures If
they are to remain (met)
3 DIrect all runoff from the garage to the pond (note was added to plans, however more mfo will
be needed for construction Prior to any bUilding permits, provide sufficient grades, flow arrows,
drams, etc to show how the site will drain to the pond)
Solid Waste Service
Initials Mlssmg
Imtlals Mlssmg
Not Met
Enclosure not to Spc Explam how condo unIts will dispose of trash, how will they recycle, Show
how eXlstmg retaIl wIll dispose of Solid Waste and Recycling
Traffic Eng CondItion Bennett Elbo 562-4775
10/27/2004 1 Parking garage desIgn on cIvil plans and architectural plans do not match Not Met
2 All parking spaces and dnve aisles must meet current city standards I e for a 90 degree parkmg
staUlt must meet m Inlmu m dim enslons of 9 ' wide by 19' long with a 24' wide drive aisle MET-
18 5' DIMENSION AS SHOWN ON THE SITE PLAN IS ACCEPTABLE WITH THE CITY
ENGINEER 10/28/2004 - PROVIDE DIMENSIONS FOR PARKING STALLS ON FLOORS 2~3-4
3 All disabled parking stalls must comply with current city standards (width, accessible aisle and
columns In aisle)
4 Provide a detail of the disabled parking stall and sIgn
5 All disabled parking stalls must be strategically located close to an accessible entrance
6 All levels of parking must meet reqUired A D A height clearance (8' - 2) for handicap vans
7 Show acceSSible path from parking garage to connect retaIl bUlldlng,condo and public
sidewalks
8 General Note Garage supports such as walls and columns must not Intrude within parking stall
dimenSions (Commumty Development Code Section 3-1402)
9 General Note Garage supports such as walls must not Impede driver's sight vIsibility when
backing out of parking space (Community Development Code Section 3~1402)
10 Columns must not Intrude Into the disabled parkmg access aIsle Chapter 11 FlOrida BUilding
Accessibility Code , Section 11-4 6 3
11 Demonstrate that column locations provide adequate turning radius to accommodate all
vehicular mobility without encroaching mto other traffic
12 Show location of parking ticket dlspenser(s)
13 Show stacking for 18' vehicle with 2' gap between veh Ides entering the parkmg garage at the
ticket dispenser at all entrances Stacking for a minimum of two vehicles at the mam entrance and
one at the condominium entrance
14 SIght VISlblhty triangles are not displayed correctly Please refer to the commumty
development code for correct placement Page CD330
15 Remove bUlldmg structures such as walls that are within the sight vlslbllty triangles or
re-deslgn bUilding wall where motorist's line of sight IS not obstructed
16 Paint stop bar and the word "stop" at the bottom of ramp located near the condomlmum's
Print Date 11/28/2004
CaseCondltons
Page 2 of 4
FLD2004-09072
483 MANDALAY AVE
Traffic Eng Condition Bennett Elbo
drIVeway
All of the above to be addressed prior to COB
562-4775
Traffic Impact Fees to be determined and paid prior to CO
Prior to bUlldmg permit
1 Show lighting and drainage plan
Zoning Condition MIke Reynolds 562.4836
10/26/2004 How many parKing spaces are dedicated to the residential component of the site?
State th IS mform atJon wlthm the site data table Update (11-28-04) Th IS Item IS stili not
addressed Please provide the Information within the site data table Also explain the difference
between resident parking and resident accessIble (see Sheet Ai 1)
10/26/2004 Improve the clarity of the location map Update (11-28-04) ThiS comment IS stili not addressed
Not Met
Not Met
10/26/2004 The site plan should have a plan sheet that shows the building and ItS square footage Update Not Met
(11-28-04) ThiS comment IS still not addressed
10/26/2004 Label all outdoor lighting Update (11-28-04) Provide Information as stated with In the 11-19-04 Not Met
transmittal letter from applicant to City staff as an addition to Plan Note # 19
10/26/2004 Clearly show all eXisting and proposed accesses to th IS property Update (11-28-04) ThiS Not Met
comment IS stili not addressed
10/26/2004 I m prove the Index sheet (expand It to Incl ude parking level sheets) Update (11-28-04) Th IS Not Met
comment IS stili not addressed The Index sheet should account for all sheets within the site plan
and architectural plans set
10/26/2004 Label the location of all easements Update (11.28-04) ThiS comment IS stili not addressed The Not Met
labels on sheets C-3 and C-4 differ, one called a 15 foot utility easement, the other a 15 foot alley
Please c1anfy
10/26/2004 State the FAR, eXisting, proposed, and requ Ired Update (11-28-04) ThIS com ment IS stili not Not Met
addressed State the FAR limit as specified by the City Code
10/26/2004 Address all criteria with In the developments over one acre section of the application form Update Not Met
(11-28-04) ThiS comment IS stili not addressed
10/26/2004 At rooftop level (see roof plan drawmg), show the pool, deck, and recreational area In detail Not Met
Update (11-28-04) ThiS comment IS stili not addressed Where IS the walkway to the pool? Are
the roof top pavIlions connected to the pool by a walkway?
10/26/2004 Label the access Islands at level one wIthIn the garage Update (11-28-04) ThiS comment IS stili Not Met
not addressed
10/26/2004 Label parking space dimenSIons (typlcals) per floor Update (11-28-04) ThiS comment IS stili not Not Met
addressed Parking space Width needs to be labeled If parking space dImenSion typlcals are for
all parking levels, state as a plan note on sheet Ai 3
1 0/26/2004 Label and show all pedestnan ways with In the garage (each level) Update (11-28-04) ThiS Not Met
comment IS stIli not addressed
10/26/2004 Clearly show all Rights of Way within and adjacent to the site Not Met
10/27/2004 The project as submItted makes It difficult to determine If It IS consistent with Beach by DeSign Not Met
Update (11-28-04) ThiS comment IS stili not addressed Provide a summary as to how the project
deSign IS conSistent with Beach by DeSign
Pnnt Date 11/28/2004
CaseCondltons
Page 3 of 4
FLD2004-09072
483 MANDALAY AVE
Zoning Condition Mike Reynolds 562-4836
10/27/2004 The color rendenng does not show details for the main entrance/dnveway Update (11~28-04)
Provide 15 caples of the color elevation A color elevation was not submitted with the revised
matenals post the 11-12-04 DRC
10/27/2004 The garage floor plans need to show maneuvenng space (tYPlcals by floor) with dimensional
arrows, labeled In linear feet Update (11-28-04) ThIs comment IS stili not addressed Only level
three shows this detail
Not Met
Not Met
10/27/2004
The eXisting elevator, per what IS proposed or shown on the floor plans, does not access the thIrd Not Met
and fourth garage levels Update (11-28-04) This comment IS stili not addressed Consider
Improving floor access for the eXlstmg elevator
Print Date 11/28/2004
CaseCondltons
Page 4 of 4
~'ff',.r-.Ir.l-'-i
t't:., ,,"=>....,
l 'b! ",
,0,: <I -
~ ~J\ ~~
~~~ -'= g~
':.~. ~\
'':: - Z~I,
~SfAS:E"'~' ~~Wb
'"""iJ;" I'tl~/
Engineering CU cltlon Don Melone
10/28/2004 1 ) The arch Itectu ral drawings and cIvil drawln gs do not match
2) The arch Itectu ral drawings, Sheet A 1 1, shows 362 parking spaces provided and the cIvIl plans
show 359
3) The architectural plans show two gated Ingress/egress dnve aisles while the cIvil plans only
show the most northerly Ingress/egress having a control gate
4) The architectural drawing show sidewalks leading from stair tower to curb, while the CIVil show
sidewalk being extended to back-of-sldewalk Design should not encourage mid-block crossings
due to safety reasons
5) The architectural plans show columns bemg constructed wlthm drive aisles and parkmg
spaces
6) Where do service and delivery vehicles park?
7) Show how the reSidents access the roof top pool and all related functJons around the pool
8) Exhibit "C" (10)(8) states the floor plates above 42 ft are 28,200 sq ft which does not meet
design cntena
9) Exhibit "C" (10){D) states that setbacks along local streets should be 12 ft and the proposed
structure IS only 5 ft from the nght-of-way of POinsettia Street
10) The architectural plans Sheet P 1 shows the waterside balcony extending approximately 36 ft
beyond the exterior wall while a dimensional note for the watersIde balcony IS 1 0' X 30'
11 ) Need to verify where the eXlstmg 6" clay pipe runs through the south end of the property It
serves
12) Need to show to where the eXisting grease traps are being relocated
13) The eXisting gas meters may need to be relocated at the applicant's expense
14) The eXisting backflow devlce(s) Will have to be relocated outside bUilding envelope and stay
within the boundanes of thiS property ownership
15) The proposed stop sIgns appear to be behind walls of the parkmg garage
16) Need to mstall the F D C on private property and meet Fire Department's reqUirements
17) Need to prOVIde enough fire hydrant assemblies along all nghts-of-way to meet Fire
Department's requirements
18) The eXisting fire hydrant assembly south of structure IS shown on the west Side of POinsettIa
Street while the City'S atlas shows It on the east Side Engineer to verify location and show the
distance from the property
19) The CIVil plans show a 25 ft +/- dumpster staging area/access ramp/parkrng spaces Need to
create a much smaller staglllg area like the architectural draWings show
20) How do the empty dumpsters rotate In and out of condomllllum trash enclosures?
21) PrOVide detail for sanitary connection at south end of bUlldmg to prOVide contrnuous sanitary
sewer service to properties lYing south of thiS project
22) PrOVide detaIls of proposed water and sanitary connections
22) On Sheet C-5, what does the note "Cut and Repair" refer to?
23) What IS the clear vertical height of the first floor above the relocated sanitary pipeline?
24) NOTE Additional comments may be necessary based on the responses to conditions
All the above to be addressed pnor to CD8
Conditions Associated With
FLD2004-09072
483 MANDAlAY AVE
562-4798
Not Met
Prior to bUlldrng permit
1) Field determine Invert elevations of eXisting sanitary line
2) PrOVide Invert elevations of proposed 8-lnch sanitary line
3) If proposed samtary line IS less that 3-feet below finlshed grade It shall be ductile Iron
EnVironmental Condition
1 0/26/2004 No Issues
Heather Faessler
562-4897
Not Met
Fire Condition Joe Colbert
562-4567 xt 3548
11/23/2004
Show FDC at least 15 feet from the bUIlding and within 40 feet of a Fire Hydrant dedicated to the
Fire Sprinkler System PRIOR TO COB
11/23/04 J_C Condition met by revised plans received 11/18/04
Print Date 11/28/2004
Met
CaseCondltons
Page 1 of 5
Fire Condition
11/23/2004
11/23/2004
Landscape
11/23/2004
FLD2004-09072
483 MANDALAY AVE
Joe Colbert
562-4567 xl 3548
Where underground water mains and hydrants are to be Installed, they shall be Installed,
completed, and In service prior to construction as per NFPA 241 Please acknowledge PRIOR TO
CDS
11/23/04 J_C Condition met by note on revIsed plans received 11/18/04
ThIs DRC Review by FIre IS not an approval or review of any construction plans or documents
other than site work PLEASE ACKNOWLEDGE
11/23/04 J_C Condition met by narrative received 11/18/04
Arden Dittmer
562-4604
10/27/2004 (A_D)
Prior to Development Order,
1 Change plant materials below the palms to Dwarf Oleander, between them change the plants
to Podocarpus whIch Will grow taller, and limit the "IV" to the areas adjacent to the doorways and
entrances
2 Darken the palms which are to remain, It IS unclear as to where they are and If they conflict
With proposed
3 Several palms appear to be rated well, located away from constructIon and are shown as X'd
out
4 There IS a Single palm shown on the plan which IS not In the list and not keyed on the plan
5 Verify the count on all plant material, and submit a revised plan sheet for review
Rick Albee
10/22/2004
Land Resource Condition
562-4741
Met
Met
Met
11/1B/04-Palm removals equate to 1" only, replacements also equate to 1" only Revise pnor to Not Met
BUlldlOg PermIt
10/22/04-Revlse tree removal calculations, all trees rated 2 or below do not reqUIre replacements
and all palm trees are replaced at one Inch each PrOVide pnor to bUilding permit
10/19/2004
Storm Water Condition
562-4779
Bnan Barker
Parks & Recs Condition
Open Space and RecreatIon Impact fees are due prior to Issuance of bUilding permits or final plat Not Met
(If applicable) whichever occurs first These fees could be substantial and It IS recommended that
you contact Deb RIchter at 727-562-4817 to calculate the assessment
1 Are eXisting pond and stormwater system being modified? (met) Not Met
2 Place a note on the plans for the contractor to regrade pond and clean out eXisting structures If
they are to remain (met)
3 DIrect all runoff from the garage to the pond (note was added to plans, however more Info Will
be needed for construcllon Pnor to any bUilding permits, prOVide suffiCient grades, flow arrows,
drains, etc to show how the site Will drain to the pond)
Solid Waste Service
~
Imtlals MIssing
Initials MIssing
Enclosure not to Spc Explain how condo units Will dispose of trash, how Will they recycle, Show
how eXisting retail Will dispose of Solid Waste and Recycling
Not Met
TraffiC Eng Condition Bennett Elbo 562-4775
10/27/2004 1 Parking garage design on CIVIl plans and architectural plans do not match Not Met
2 All parking spaces and dnve aisles must meet current City standards I e for a 90 degree parking
stall It must meet minimum dimenSIons of 9' Wide by 19' long With a 24' Wide drive aisle MET-
185' DIMENSION AS SHOWN ON THE SITE PLAN IS ACCEPTABLE WITH THE CITY
ENGINEER 10/28/2004 - PROVIDE DIMENSIONS FOR PARKING STALLS ON FLOORS 2-3-4
3 All disabled parking stalls must comply With current city standards (Width, accessible aisle and
CaseCondllons
Pnnt Date 11/28/2004
Page 2 of 5
FLD2004~09072
483 MANDALAY AVE
Traffic Eng Condition Bennett Elba 562-4775
columns In aIsle)
4 Provide a detail of the disabled parking stall and sign
5 All disabled parking stalls must be strategically located close to an accessible entrance
6 All levels of parking must meet reqUIred A D A height clearance (8' - 2) for handicap vans
7 Show accessible path from parking garage to connect retail bUlldlng,condo and public
sIdewalks
8 General Note Garage supports such as walls and columns must not Intrude within parking stall
dimensions (Community Development Code SectIon 3-1402)
9 General Note Garage supports such as walls must not Impede driver's sight vIsIbIlity when
backing out of parking space (Community Development Code Section 3-1402)
10 Columns must not Intrude Into the disabled parking access aIsle Chapter 11 Flonda BUIlding
AccessibIlity Code , Section 11-4 6 3
11 Demonstrate that column locations provide adequate turning radIus to accommodate all
vehicular mobility without encroaching Into other traffic
12 Show location of parking ticket dlspenser(s)
13 Show slacking for 18' vehicle with 2' gap between veh Icles entering the parking garage at the
ticket dispenser at all entrances Stacking for a minimum of two vehicles at the main entrance and
one at the condominium entrance
14 SIght vIsIbility tnangles are not displayed correctly Please refer to the community
development code for correct placement Page CD330
15 Remove bUIlding structures such as walls that are within the sight vlslbllty triangles or
re-deslgn bUilding wall where motOrist's line of sight IS not obstructed
16 Paint stop bar and the word "stop" at the bottom of ramp located near the condominium's
dnveway
All of the above to be addressed prior to CDB
Traffic Impact Fees to be determined and paid pnor to C 0
Pnor to bUIlding permit
1 Show lighting and drainage plan
Zoning Condition Mike Reynolds 562-4836
10/26/2004 Correct the discrepancy between the architect's plans and the cIvil site plan regarding bUIlding
heIght
10/26/2004 How many parking spaces are dedicated to the residential component of the site?
State thiS Information with In the site data table Update (11-28-04) ThiS Item IS stili not
addressed Please provide the Information wlthln the Site data table Also explain the difference
between resident parking and reSident accessible (see Sheet A 1 1)
10/26/2004 ProVide north and south bUIlding elevations
Met
Not Met
Met
BUll ding height should be stated from BFE to roof midpoint Update (11-28-04) cond Itlon met, but Met
state the height by decimal, I e 8475 feet
Improve the clarity of the location map Update (11-28-04) Th IS comment IS stili not addressed Not Met
10/26/2004
10/26/2004
10/26/2004
The site plan should have a plan sheet that shows the bUIlding and ItS square footage Update
(11-28-04) ThIS comment IS stili not addressed
Label all outdoor lighting Update (11-28-04) Provide information as stated within the 11-19-04
transmIttal letter from applicant to City staff as an addition to Plan Note # 19
Clearly show all eXisting and proposed accesses to thiS property Update (11-28-04) ThiS
comment lS stili not addressed
10/26/2004
10/26/2004
Print Date 11/28/2004
Page 3 of 5
Not Met
Not Met
Not Met
CaseCondltons
FLD2004-09072
483 MANDALAY AVE
Zonmg CondItion Mike Reynolds 562-4836
10/26/2004 Improve the mdex sheet (expand It to mclude parkmg level sheets) Update (11~28-04) This
comment IS stili not addressed The Index sheet should account for all sheets within the site plan
and architectural plans set
10/26/2004 Correct the site data table information on lot size and bUilding heIght (clarify what deck means)
Not Met
Met
10/26/2004 Label the location of all easements Update (11-28~04) This comment IS stili not addressed The Not Met
I'abels on sheets C-3 and C-4 differ, one called a 15 foot utlllty easement, the other a 15 foot alley
Please clarify
10/26/2004 The site plan set needs to show and Item Ize the parking spaces per floor of the parkmg garage Met
The fourth level sheet needs to show which IS public versus private (residential) parking Update
(11-28~04) Provide this Information within the site data table, as well
10/26/2004 State the FAR, eXisting, proposed, and requ Ired Update (11-28-04) This com ment IS stili not Not Met
addressed State the FAR limit as specified by the CIty Code
10/26/2004 Address all criteria within the developments over one acre section of the application form Update Not Met
(11-28-04) ThiS comment IS stili not addressed
10/26/2004 At rooftop level (see roof plan draWing), show the pool, deck, and recreational area In detaIl Not Met
Update (11-28-04) ThiS comment IS stili not addressed Where IS the walkway to the pool? Are
the roof top pavIlions connected to the pool by a walkway?
1 0/26/2004 Label the access Islands at level one with In the garage Update (11-28-04) ThiS comm ent IS stili Not Met
not addressed
10/26/2004 Label parking space dImenSions (lyplcals) per floor Update (11-28-04) ThIS comment IS stili not Not Met
addressed Parking space Width needs to be labeled If parking space dImenSion typlcals are for
all parking levels, state as a plan note on sheet A1 3
10/26/2004 Correct the discrepancy In total number of parking spaces Site Plan states total to be 359 Met
parking spaces, and the architect's plans state 362 spaces Update (11-28-04) Both plan sets
now show same totals of 356 parking spaces
10/26/2004 Label and show all pedestnan ways within the garage (each level) Update (11-28-04) ThiS Not Met
comment IS stili not addressed
10/26/2004 Clearly show all Rights of Way within and adjacent to the site Not Met
10/26/2004 Provide a color landscape plan Met
10/26/2004 BUilding elevallons need to Include dlmemslonal arrows to mdlcate height from BFE to roof Met
midpOint and to roof towers The eXisting submittal shows roof height to the eaves
10/27/2004 The project as submItted makes It dIfficult to determine If It IS consistent with Beach by DeSign Not Met
Update (11-28-04) ThIS comment IS stili not addressed Provide a summary as to how the project
deSIgn IS consistent with Beach by DeSign
10/27/2004 The bUilding elevations are not consistent with the color rendering Met
10/27/2004 The bUilding elevations need to clearly Indicate, by labels, a deSCription of the proposed bUilding Met
materials Label any faux windows and any other deSign features
10/27/2004 The color rendering does n at show details for the main entrance/driveway Update (11-28-04) Not Met
Provide 15 caples of the color elevation A color elevatlon was not submItted wIth the reVised
materials post the 11-12-04 DRC
10/27/2004 The garage floor plans need to show maneuvering space (typlcals by floor) with dImensional Not Met
arrows, labeled m linear feet Update (11-28-04) ThiS comment IS stili not addressed Only level
three shows thiS detail
Print Date 11/28/2004
CaseCondltons
Page 4 of 5
FLD2004-09072
483 MANDALAY AVE
Zoning Condition Mike Reynolds 562-4836
10/27/2004 The eXisting elevator, per what IS proposed or shown on the floor plans, does not access the third Not Met
and fourth garage levels Update (11-28-04) This comment IS stili not addressed ConSider
Improving floor access for the eXisting elevator
1 0/27/2004
See Plan Sh eet A 1 4 Correct the parking total shown as 61 spaces (shou Id be 60 spaces)
Update (11.28.04) The total IS now Itemized on Sheet A1 1
Met
Print Date 11/28/2004
CaseCondltons
Page 5 of 5
1 :35 pm Case Number, FLD2004-0~ - -- 483 MANDALA Y AVE
.' 'Owner(s)' B J E Ine
630 S Gulfvlew Blvd
Clearwater, Fl33767
TELEPHONE No Phone, FAX No Fax, E-MAIL No Emad
,
~
---
II.... / 2--07'"
Representative' KeIth Zayac
701 Enterpnse Rd East Ste 404
Safety Harbor, Fl 34695
TELEPHONE 727-793-9888, FAX 727-793-9855, E-MAlL keIth@keIthzayac com
Location, 1 68 acres located approximately 180 feet from the mtersechon of Mandalay Avenue and Baymont Street
Atlas Page, 267A
Zomng Dlstnct: T, Tounst
Request Request for Flexible Development approval, to pemut a four-level parkmg garage With 359 parkmg spaces
and 28 residentIal attached umts, With a reduction ofthe front (east) setback from 25 feet to five feet, a
reduction of the Side setbacks (north and south) from 10 feet to zero feet, and a bUlldmg height lDcrease to
685 feet above Base Flood ElevatIOn to top ofroof (In the Tounst Dlstnct, 35 feet IS the height hmlt for
attached dwellings, 50 feet IS the height hmlt for a parkmg garage), as a Comprehensive Inft]]
Redevelopment ProJect, under the provIsIOns of SectIOn 2-803 C
Proposed Use: Mixed use
Neighborhood Clearwater Beach AssocIabon
Assoclatlon(s), Clearwater, FI 33767
827 Mandalay Ave
TELEPHONE 727-446-5801, FAX No Fax, E-MAIL dmacnav@att net
Neighborhood Clearwater NeIghborhoods CoalitIOn
ASSoclatlOn(s): Clearwater, Fl 33761
2544 Fnsco Dnve
TELEPHONE 727-725-3345, FAX No Fax, E-MAIL DJw@gtenet
Presenter: Mike Reynolds, Planner III
Attendees Included: Chip Gerlock, MIke Reynolds, Scott Rice, Tracey Bruch, Joe Colbert, Tom Glenn
The DRC reviewed thiS apphcation wIth the followmg comments,
General Engmeermg:
Development ReView Agenda - Fnday, November 12,2004 - Page 35
1) The archltectUl .(a~Vlngs and CIVIl dramngs do not match
2) The architectural dramngs, Sheet Al 1, shows 362 parkmg spaces provIded and the cIvil plans
show 359
3) The archltectuml plans show two gated mgress/egress dnve aIsles willIe the CivIl plans only
show the most northerly mgress/egress havmg a control gate
4) The architectural drawmg show sidewalks leadmg from starr tower to curb, willie the cIvIl
show sidewalk bemg extended to back-of-sldewalk DeSIgn should not encourage nud-block
crossmgs due to safety reasons
5) The architectural plans show columns bemg constructed Wlthm dflve aisles and parkmg spaces
6) Where do service and delIvery vehIcles park?
7) Show how the reSldents access the roof top pool and all related functIOns around the pool
8) Exhibit "C" (lO)(B) states the floor plates above 42 ft are 28,200 sq ft which does not meet
deSign cnten3
9) Exlublt "C" (lO)(D) states that setbacks along local streets should be 12 ft and the proposed
structure IS only 5 ft from the nght-of-way of Pomsettla Street
10) The architectural plans Sheet P 1 shows the waterside balcony extendmg approxmllltely 36ft
beyond the extenor wall willie a dImensIOnal note for the waterside balcony IS 10' x 30'
11) Need to venfy where the eXIstmg 6" clay pIpe runs through the south end of the property It
serves
12) Need to show to where the eXlsbng grease traps are bemg relocated
13) The eXIstmg gas meters may need to be relocated at the applicant's expense
14) The eXIstmg backflow devlce(s) mil have to be relocated outsIde blllldmg envelope and stay
WIthm the boundanes oftlus property ownership
15) The proposed stop Signs appear to be behmd walls of the parkIng garage
16) Need to mstall the F D C on pnvate property and meet FIre Department's requIrements
17) Need to proVide enough fire hydrant assembhes along all nghts-of-way to meet FIre
Department's reqUirements
18) The eXlstmg fire hydrant assembly south of structure IS shown on the west sIde of POInsettia
Street whIle the City'S atlas shows It on the east side Engmeer to venfy locatIOn and show the
dIstance from the property
19) The cIVIl plans show a 25 ft +1- dumpster stagmg area/access ramp/parkmg spaces Need to
create a much smaller stagmg area ltke the architectural draWIngs show
20) How do the empty dumpsters rotate m and out of condonnmum trash enclosures?
21) Provlde detail for samtary connectIOn at south end of blllldmg to proVide contmuous samtary
sewer service to propertIes Iymg south of thIS prOject
22) ProVide detads of proposed water and samtary connections
22) On Sheet C-5, what does the note "Cut and Repan" refer to?
23) What IS the clear vertical height of the first floor above the relocated samtary plpelme?
24) NOTE AddJtlOnal comments may be necessary based on the responses to condloons
All the above to be addressed pnor to CDB
Pnor to buddmg penult
1) Field determme Invert elevatlOns ofexIstmg samtary hne
2) ProVIde mvert elevatIOns of proposed 8-mch samtary lme
3) Ifproposed samtary lme IS less that 3-feet below fimshed grade It shall be ductile rron
EnVironmental.
No Issues
FIre:
1
Show FDC at least 15 feet from the bUlldmg and wIthm 40 feet of a File Hydrant dedicated to
the FIre Spnnkler System PRIOR TO COB
Where underground water mams and hydrants are to be mstalled, they shaH be mstalled,
completed, and m service prior to constructlOn as per NFP A 241 Please acknowledge PRIOR
TO COB
ThiS ORC ReVIew by FIfe IS not an approval or review of any construction plans or documents
other than site work PLEASE ACKNOWLEDGE
Harbor Master:
No Comments
Legal:
No Comments
2
3
Development ReView Agenda - Fnday , November 12, 2004 - Page 36
Lan~ Resources:
Revise tree removal calculatlOns, all trees rated 2 or below do not reqlllre replacements and all
palm trees are replaced at one lOch each Provide pnor to bUIldlOg permIt
LandscaplOg:
I Pnor to Development Order,
I Change plant matenals below the palms to Dwarf Oleander, between them change the plants
to Podocarpus wIDch w1l1 grow taller, and lInut the "IV" to the areas adpcent to the doorways
and entrances
2 Darken the palms wIDch are to rernam, It IS unclear as to where they are and If they conflict
WIth proposed
3 Several palms appear to be rated well, located away from constructlOn and are shown as X'd
out
4 There IS a SIngle palm shown on the plan which IS not m the list and not keyed on the plan
5 Venfy the count on all plant matenal, and subnut a revised plan sheet for review
Parks and RecreatJon'
1 Open Space and RecreatlOn Impact fees are due pnor to Issuance ofbUlldmg permits or final
plat (If apphcab Ie) whIchever occurs first These fees could be substantIal and It IS
recommended that you contact Deb Richter at 727-562-4817 to calculate the assessment
Stormwater:
1 I Are eXIstIng pond and stormwater system bemg modified?
2 Place a note on the plans for the contractor to regrade pond and clean out eXlstmg structures
If they are to remam
3 Duect all runoff from the garage to the pond
These need to be addressed pnor to CDB
Sohd Waste'
I
Enclosure not to Spc ExplaIn how condo umts will dIspose of trash, how wIll they recycle,
Show how eXIstmg retail WIll dIspose of Solid Waste and RecyclIng
Traffic EnglOeermg'
Development ReVIew Agenda - Fnday, November 12,2004 - Page 37
) 1 Parkmg gara5 ~Slgn on civil plans and architectural plans do.~ . match
2 All parking spaces and dnve aISles must meet current City standards 1 e for a 90 degree
parkmg stall It must meet mmImum dimensIOns of 9 ' wide by 19' long WIth a 24' Wide dnve
aisle MET -185' DIMENSION AS SHOWN ON THE SITE PLAN IS ACCEPTABLE WITH
THE CITY ENGINEER 10/28/2004 - PROVIDE DIMENSIONS FOR P ARKING STALLS
ON FLOORS 2-3-4
3 All dIsabled parkmg stalls must comply with current City standards (WIdth, acceSSible aisle
and columns In aIsle)
4 Provide a detail of the dIsabled parlang stall and sign
5 All disabled parkmg stalls must be strategIcally located close to an acceSSIble entrance
6 All levels of parkmg must meet reqUired A D A heIght clearance (8' - 2) for handiCap vans
7 Show acceSSIble path from parkmg garage to connect retatl bUlldmg,condo and pubhc
sidewalks
8 General Note Garage supports such as walls and columns must not mtrude WIthm parlang
stall drmensIons (Community Development Code SectIOn 3-1402)
9 General Note Garage supports such as walls must not m1pede driver's sight vIsIbility when
backmg out of parkmg space (Commumty Development Code Section 3-1402)
10 Co]unms must not mtrude Into the dlsab]ed parkIng access aisle Chapter 1] Flonda
BUIldmg AcceSSibIlity Code, SectIon 11-4 6 3
] 1 Demonstrate that colurrm locatIOns provIde adequate turrung radIUs to accormnodate all
vehlcular mobilIty without encroachmg mto other traffic
12 Show locatIOn ofparkmg tIcket dlspenser(s)
13 Show stackmg for ] 8' vehicle With 2' gap between velucles entermg the parkmg garage at
the ticket dispenser at all entrances Stackmg for a mmrmum of two vehlC]es at the mam
entrance and one at the condonumum entrance
14 Sight VISIbIlity trIangles are not displayed correctly Please refer to the commumty
development code for correct placement Page CD3 30
]5 Remove butldmg structures such as walls that are Wltlun the Sight VISlbIlty tnang]es or
re-desIgn bUl]dmg wall where motonst's lIne of sight IS not obstructed
16 Pamt stop bar and the word "stop" at the bottom oframp located near the condonumum's
dnveway
All of the above to be addressed pnor to CDB
Traffic Impact Fees to be detennmed and paid pnor to C 0
Pnor to bUlldmg pemut
1 Show lightIng and dramage plan
P]anmng:
Deve]opment Revlew Agenda - Fnday, November 12, 2004 - Page 38
2
Correct the dlscrel-
heIght
How many parktng spaces are dedIcated to the residential component of the site?
State this mfonnatlOn Wlthm the site data table
Provide north and south bUlldmg elevatIOns
BUlldmg height should be stated from BFE to roof lTIIdpomt
Improve the c1anty of the locatIOn map
The site plan should have a plan sheet that shows the bmldmg and Its square footage
Label all outdoor hghtmg
Clearly show all eXlstmg and proposed accesses to thiS property
Improve the mdex sheet (expand It to mclude parktng level sheets)
Correct the site data table mformatlOn on lot SIZe and bmldlng heIght (clanfy what deck means)
Lable the locatIon of all easements
The site plan set needs to show and ItelTIlZe the parkmg spaces per floor of the parking garage
The fourth level sheet needs to show which IS public versus pnvate (reSidentIal) parking
State the FAR, eXisting, proposed, and reqUIred
Address all cntena Withm the developments over one acre secoon of the appltcatlOn form
At rooftop level (see roof plan drawmg), show the pool, deck, and recreaoonal area m detail
Label the access Islands at level one WithIn the garage
Label parktng space dimenSIOns (typIcals) per floor
Correct the discrepancy ill total number of parkmg spaces Site Plan states total to be 359
parkmg spaces, and the architect's plans state 362 spaces
Label and show all pedestnan ways WithIn the garage (each level)
Clearly show all Rights of Way WIthm and adjacent to the site
PrOVide a color landscape plan
BUlldmg elevaoons need to mclude dlmeUlSlOnal arrows to mdlcate height from BFE to roof
lTIIdpomt and to roof towers The eXlstmg subrmttal shows roof height to the eaves
The project as submttted makes It difficult to detenrune If It IS conSistent With Beach by DeSign
The bUlldmg elevaoons are not consistent With the color rendenng
The bUlldmg elevatIOns need to clearly mdlcate, by labels, a descnpoon of the proposed bUlldmg
matenals Label any faux wmdows and any other deSign features
The color rendenng does not show details for the mam entrancefdnveway
The garage floor plans need to show maneuvermg space (typlcals by floor) With dimenSional
arrows, labeled m lmear feet
The eXIstmg elevator, per what IS proposed or shovm on the floor plans, does not access the third
and fourth garage levels
See Plan Sheet Al 4 Correct the parkmg total shovm as 6] spaces (should be 60 spaces)
wy between the architect's plans and the CIVil s, r-'lan regardmg bUlldmg
3
4
5
6
7
8
9
10
11
]2
13
]4
15
]6
17
]8
]9
20
21
22
23
24
25
26
27
28
29
Other:
No Comments
Notes, This applIcatIOn IS msuffiCIent to be scheduled for reVIew by the COB
12-02-04 DRC agenda
Subtnlt reVIsed plans by ] 1-] 8-04 at noon to be on the
Development ReView Agenda - Fnday, November ]2,2004 - Page 39
1:35 pm
Case Number' FLD2004-01 -- 483 MANDALA Y AVE
Owner(s): B J E Ine
630 S Gulf view Blvd
Clearwater, FI 33767
TELEPHONE No Phone, FAX No Fax, E~MAIL No Emad
Representative' KeIth Zayac
701 Enterpnse Rd East Ste 404
Safety Harbor, Fl34695
TELEPHONE 727-793-9888, FAX 727-793-9855, E-MAIL keIth@kelthzayac com
Location" 1 68 acres located approxImately 180 feet from the mterseetlOn of Mandalay Avenue and Baymont Street
Atlas Page: 267 A
Zonmg Dlstnct T, Tounst
Request: Request for FleXible Development approval, to permit a four-level parkmg garage With 359 parkmg sRaces
and 28 resIdential attached umts, with a reductIOn of the front (east) setback from 25 feet to five feet, a
reductIOn of the Side setbacks (north and south) from 10 feet to zero feet, and a bUlldmg height mcrease to
68 5 feet above Base Flood ElevatIOn to top of roof (In the Tourist DIstrIct, 35 feet IS the height hmlt for
attached dwellmgs, 50 feet IS the height Imllt for a parkmg garage), as a Comprehensive Infill
Redevelopment ProJect, under the provISIOns of SectIOn 2-803 C
Proposed Use: MIxed use
Neighborhood Clearwater Beach AssocIatIon
Assoclation(s): Clearwater, FI 33767
827 Mandalay Ave
TELEPHONE 727-446-5801, FAX No Fax, E-MAIL dmacnav@attnet
Neighborhood Clearwater NeIghborhoods Coahtton
AssociatIon{s): Clearwater, F13376l
2544 Fosco DrIve
TELEPHONE 727-725-3345, FAX No Fax, E-MAIL DJw@gtenet
Presenter: Mike Reynolds, Planner III
Attendees Included: ChIp Gerlock, MIke Reynolds, Scott RIce, Tracey Bruch, Joe Colbert, Tom Glenn
The DRC reviewed thiS application wIth the followmg comments:
General Engineermg:
Development Review Agenda - Fnday, November 12, 2004 - Page 35
I"'
I) The archltectUl dwmgs and cIvIl drawmgs do not match
2) The architectural drawmgs, Sheet All, shows 362 parkmg spaces provided and the c IV] 1 plans
show 359
3) The architectural plans show two gated mgress/egress dnve aisles while the cIvil plans only
show the most northerly mgress/egress havrng a control gale
4) The architectural drawmg show sIdewalks leadrng from stau tower to curb, while the cIVIl
show sidewalk bemg extended to back-of-sIdewalk DesIgn should not encourage ffi1d-block
crossmgs due to safety reasons
5) The archttectural plans show eolumns bemg constructed wlthm dnve aIsles and parlang spaces
6) Where do service and delivery vehtcles park?
7) Show how the resIdents access the roof top pool and all related functlOns around the pool
8) Exlublt "C" (lO)(B) states the floor plates above 42 ft are 28,200 sq ft whtch does not meet
deSign cntena
9) ExhIbit "C" (1 O)(D) states that setbacks along local streets should be 12 ft and the proposed
structure IS only 5 ft from the nght-of-way of Pomsettla Street
10) The archttectural plans Sheet P 1 shows the watefSlde balcony extendmg approxIn1ately 36 ft
beyond the exterior wall wlule a dunenslOnal note for the waterside balcony IS 10' x 30'
11) Need to venfy where the eXistIng 6" clay pipe runs through the south end ofthe property It
serves
12) Need to show to where the eXlstmg grease traps are bemg relocated
13) The eXisting gas meters may need to be relocated at the applIcant's expense
14) The eXisting backflow devlce(s) wIiI have to be relocated outSIde bUIldIng envelope and stay
WIthm the boundanes of thiS property ownership
15) The proposed stop Signs appear to be belund walls of the parlang garage
16) Need to IIlstall the F D C on pnvate property and meet Fire Deparbnent's requuements
17) Need to prOVide enough fue hydrant assemblies along all flghts-of-way to meet FIre
Department's requuements
18) The eXistIng fue hydrant assembly south of structure IS shown on the west Side of PomsettIa
Street wlule the CIty'S atlas shows It on the east Side Engmeer to verify 10catlOn and show the
distance from the property
19) The CIvIl plans show a 25 ft +/- dumpster stagmg area/access ramp/parkmg spaces Need to
create a much smaller stagIng area lIke the architectural draWIngs show
20) How do the empty dumpsters rotate III and out of condollllruum trash enclosures?
21) PrOVide detail for sarutary connectIon at south end ofbmldmg to prOVIde contmuous samtary
sewer service to properties lYIng south of thiS project
22) ProVIde details of proposed water and samtary connectIOns
22) On Sheet C-5, what does the note "Cut and Repau" refer to?
23) What IS the clear vertical height of the fIrst floor above the relocated samtary pipeline?
24) NOTE AdditIOnal comments may be necessary based on the responses to condI1:lons
AU the above to be addressed pnor to CDB
Pnor to bUIldmg penmt
1) FIeld detemnne mvert elevatIons of eXls1:lng samtary lme
2) ProVide mvert elevations of proposed 8-Inch SanItary lme
3) Ifproposed samtary lme IS less that 3-feet below fimshed grade It shall be ductile !fon
Environmental:
1 No Issues
Fire:
1 Show FDC at least 15 feet from the bUIldmg and Wlt!un 40 feet of a Fire Hydrant dedicated to
the FIfe SprmkIer System PRIOR TO COB
2 Where underground water mams and hydrants are to be mstalled, they shall be Installed,
completed, and m servIce pnor to construction as per NFP A 241 Please acknowledge PRIOR
TO CDB
3 ThIS DRC ReView by Fire IS not an approval or reVlew of any constructIOn plans or documents
other than site work PLEASE ACKNOWLEDGE
Harbor Master:
No Connnents
Legal
No Comments
Development ReView Agenda - Fnday, November 12, 2004 - Page 36
.,
~...
Land Resources,
Revise tree removal calculatIOns, all trees raled 2 or below do not reqUire replacements and all
palm trees are replaced at one mch each ProvIde prIor to blllldmg permit
Landscaping,
1 PrIor to Development Order,
1 Change plant matenals below the palms to Dwarf Oleander, between them change the plants
to Podocarpus whIch will grow taller, and hrmt the "IV" to the areas adjacent to the doorways
and entrances
2 Darken the pahns which are to remam, It is unclear as to where they are and If they conihct
WIth proposed
3 Several palms appear to be rated well, located away from constructIon and are shown as X'd
cut
4 There IS a smgle palm shown on the plan whIch is not m the lIst and not keyed on the plan
5 Venfy the count on all plant mateoal, and subrmt a revised plan sheet for reView
Parks and Recreation:
Open Space and RecreatIon unpact fees are due pnor to Issuance ofbUildmg penmts or final
plat (if apphcable) wrnchever occurs first These fees could be substantIal and it is
reccnnnended that you contact Deb Richter at 727-562-4817 to calculate the assessment
Stormwater,
1 I. .\re 8*18tmg..p~ I'ltermwa~betHg-1flOdl~
2 Place a note on the plans for the contractor to regrade pond and clean out eXlstmg structures
If they are to remam
3 Direct all runoff from the garage to the pond
These need to be addressed prior to CDB
Sohd Waste:
I
Enclosure not to Spc Explam how condo umts will dIspose of trash, how will they recycle,
Show how eXlstmg retail will dIspose ofSohd Waste and Recychng
Traffic Engmeenng:
Development ReView Agenda - Fnday, November 12,2004 - Page 37
,',
"
Planmng,
1 Parkmg garag .>Ign on cIvil plans and archItectural plans do natch
2 All parkmg spaces and dnve aIsles must meet current City standards I e for a 90 degree
parkmg stall It must meet nummum dlmenslOns of9' wide by 19' long WIth a 24' wide dnve
aisle MET -185' DIMENSION AS SHOWN ON THE SITE PLAN IS ACCEPTABLE WITH
THE CITY ENGINEER 10/28/2004 - PROVIDE DIMENSlONS FOR PARKING STALLS
ON FLOORS 2-3-4
3 All disabled parkmg stalls must comply WIth current City standards (Width, accesslble aIsle
and columns m aisle)
4 Provide a detail of the disabled parkmg stall and SIgn
5 All dIsabled parkmg stalls must be strategIcally located close to an accessIble entrance
6 All levels of parkmg must meet requITed A D A height clearance (8' ~ 2) for handicap vans
7 Show accessible path from parkmg garage to connect retail bUlldmg,condo and pubhc
Sidewalks
8 General Note Garage supports such as walls and columns must not mtrude Wlthm parkmg
stall dImensIOns (COrrmlumty Development Code Section 3-1402)
9 General Note Garage supports such as walls must not Impede dnver's Sight vlSIblhty when
backmg out ofparkmg space (Corrmlumty Development Code Section 3-1402)
10 Columns must not mtrude mto the disabled parlang access aisle Chapter II FIonda
BUlldmg AcceSSIbility Code, SectIOn 11-4 6 3
II Demonstrate that column 10catlOns provide adequate turnmg radIUS to accommodate aU
vehIcular mobIlity WIthout encroachIng mto other traffic
12 Show locatIon ofparkmg ticket dlspenser(s)
13 Show stackmg for 18' vehicle With 2' gap between vehicles entenng the parkmg garage at
the ticket dIspenser at all entrances Stackmg for a rrummum of two vehicles at the mam
entrance and one at the condomInIum entrance
14 Sight VISIbilIty trIangles are not displayed correctly Please refer to the commumty
development code for correct placement Page CD3 30
15 Remove bmldmg structures such as walls that are wlthm the SIght vlSIbllty tnangles or
re-desIgn bmldmg wall where motonst's lme of SIght IS not obstructed
16 Pamt stop bar and the word "stop" at the bottom oframp located near the condonuruum's
dnveway
All of the above to be addressed pnor to CDB
Traffic Impact Fees to be detemnned and paid pnor to C 0
Pnor to butldmg pemnt
1 Show hghtmg and dramage plan
Development ReVIew Agenda - Fnday, November 12, 2004 - Page 38
,"
..
Correct the dlscre, y between the archItect's plans and the clvll 11an regardmg bmldmg
height
2 How many parkmg spaces are dedicated to the reSidential component of the site?
State this mformatlOn wlthm the Site data table
3 ProVide north and south butldmg elevatIOns
4 Bmldmg height should be stated from BFE to roofmldpomt
5 Improve the clanty of the locatIOn map
6 The site plan should have a plan sheet that shows the bUlldmg and Its square footage
7 Label all outdoor hghtmg
8 Clearly show all eXlstmg and proposed accesses to this property
9 Improve the mdex sheet (expand It to mclude parkmg level sheets)
10 Correct the site data table mformation on lot size and bUlldmg heIght (clanfy what deck means)
11 Lable the locatIOn of all easements
12 The site plan set needs to show and Ite1lliZe the parkmg spaces per floor of the parkmg garage
The fourth level sheet needs to show wluch IS pubhc versus pnvate (resldential) parlang
13 State the FAR, eXlstmg, proposed, and reqmred
14 Address all cntena wlthm the developments over one acre section of the apphcahon form
15 At rooftop level (see roof plan draWIng), show the pool, deck, and recreatIonal area III detail
16 Label the access Islands at level one WIthm the garage
17 Label parkmg space dImensIOns (typIcals) per floor
18 Correct the discrepancy m total number of parkmg spaces Site Plan states total to be 359
parkmg spaces, and the architect's plans state 362 spaces
19 Label and show all peclestnan ways WIthm the garage (each level)
20 Clearly show all RIghts of Way Wlthm and adjacent to the site
21 ProVide a color landscape plan
22 Bmldmg elevations need to mclude dunemslOnal arrows to mdlcate height from BFE to roof
nudpomt and to roof towers The eXIstIng subnuttal shows roof heIght to the eaves
23 The project as subnutted makes It difficult to determme If It IS consistent With Beach by DeSIgn
24 The bmldmg elevations are not conSIstent Wlth the color rendermg
25 The buddmg elevahons need to clearly mdlcate, by labels, a descnphon of the proposed bmldmg
matena1s Label any faux WIndows and any other deSign features
26 The color rendenng does not show details for the mam entrance/dnveway
27 The garage floor plans need to show maneuvenng space (typlcals by floor) WIth dunenslOnal
arrows, labeled m lmear feet
28 The eXIstmg elevator, per what IS proposed or shown on the floor plans, does not access the third
and fourth garage levels
29 See Plan Sheet Al 4 . Correct the parlang total shown as 61 spaces (should be 60 spaces)
Other: ')0. vt d....~~ ?~'f.L>r ~~ c:..a\~r ~Q...u..7\~.
No Comments
Notes: This apphcatlOn IS msufficlent to be scheduled for reVIew by the CDB Subrmt revised plans by 11-23-04 to be on the
12-23-04 DRC agenda
Development ReVIew Agenda ~ Fnday, November 12,2004 - Page 39
Reynolds, Mike
From
Sent
To
Cc
Subject
Tarapanr, Cynd!
Wednesday, October 27,20041220 PM
PhillipS, Sue, Wilson, Denise, Akin, Pam
Bruch, Tracey, RIce, Scott, Reynolds, Mike, Gerlock, Chip, QUillen, Michael, Arasteh, Mahshld
Peltcan Walk Garage
Planrung and Pubhc Works staff met today to d1scuss the status of the resubnutted Pehcan Walk garage The
project 1S currently scheduled for the November 12 DRC and will be deemed INSUFFICIENT The major reasons
that the project 1S lllsuffiC1ent are
1 The ardlltectural and engmeenng drawmgs conllict ill major ways, Ie, heIght of bmlchng, entry locatlon, etc
2 The developer still has not 1dentlfied the method of payment for parkmg, therefore, the entry
method! desIgn 1S still not satisfactory as staff cannot detenmne whether or not the proposal will be operational As
a SIde note, the developer has still not submltted plans for reVIew to the CIty'S representative We beheve that the
owner has lured Walker as thelt park1ng consultant but unclear If that firm has had mput on tlus deSIgn
~ The package IS nussmg the north and south elevations Only east and west proVIded
4 All matenals are not Identified so chfficult to detennme If consistent WIth Beach by DeSIgn Although not a
suffiCIency Issue, the garage elevation on POInsettia STILL 1S enttrely open and VISIble from the street wmch IS a
VIolation of BBD Tms comment has been made to them from before theIr first subnuttal an _ agatn m every
chScussIon ~~ ~
A The method of stormwater retention 15 unclear ",::. ~
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\!!.J There IS no utility plan to determme the proJect's connections to CIty wateP'and sewer
Please note that the staff fonnal reVIew will occur on Monday, November 1 and these consohdated comments will
be sent to the developer at that t:lme-gtVlOg them extra t:lme before the DRC meeting to begtn work on the Issues
If'the developer resub1TI1ts W1thm one week of the November 12 DRC, It IS possIble that the case can be scheduled
for the December 2 DRC If the developer becomes suffiC1ent on December 2 by addreSSIng all of these
comments, then the case will be scheduled for the January 18 CDB If not, the case will stay on hold unttl the
developer addresses all of the Issues
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Please let me know If you need more illfonnaoon Thanks
CYOciI Tarapam
Planrung Dltector
(727)562-4547
cyndt taraparu@MyClearwater com
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Reynolds, Mike
From
Sent
To.
Subject
Reynolds, Mike
Fnday, October 22,2004519 PM
Gerlock, Chip
FLD2004-09072, 483 Mandalay Avenue, Pelican Walk (Garage and Condominiums)
Pelican Walk Garaoe & CondominIums Prolect Update Summary
. A FlexIble Development ApplicatIon for a Comprehensive Inflll Redevelopment Project for 483 Mandalay Avenue was
on September 29, 2004
. The application IS proposing three levels of attached multi-family residential units (28 condominiums) above a four
level parking garage The garage IS proposed to have 359 parking spaces total
. The application IS seeking a reduction of the front (east) setback from 25 feet to five feet, a reduction of the side
setbacks (north and south) from 10 feet to zero feet, and a bUilding height Increase to 68 5 feet above Base Flood
Elevatlon to top of roof (In the Tourist Dlstnct, 35 feet IS the height limit for attached dwellings, 50 feet IS the height
limit for a parking garage)
. The application was determined to be complete A letter of completeness was sent to Keith Zayak
. The application IS scheduled for suffiCiency determination before the Development Review CommIttee (meeting date
IS November 12, 2004)
. If determined by the DRC to be suffiCient, the application submittal Will be considered by the Community Development
Board
A general status meeting Will take place on Wednesday, October 27, 2004 This IS an Internal meeting only, with Cyndl
Tarapanl, Chip Gerlock, MIke Reynolds, Scott Rice, and Tracey Bruch to attend
Mike Reynolds, AICP, Senior Planner
City of Clearwater - 727-562-4836
mike revnolds@mvclearwatercom
--.--On gma I Messa ge-----
From: Gerlock, ChiP
Sent: Fnday, October 22,2004 11 42 AM
To: Wells, Wayne, Reynolds, Mike
Subject:
I need the bullet updates for Pelican Walk and Patel Great If I could get today, but Monday at latest
thansk
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Reynolds, Mike
Importance
Reynolds, Mike
Thursday, September 30, 2004 10 26 AM
Haines, Angel
Gerlock, Chip, TarapaOl, Cyndl
FLD2004-09072, 483 Mandalay Avenue, Pelican Walk (Garage and Condominiums)
High
From:
Sent,
To,
Cc:
Subject:
Angel,
Here IS an update on the "Pelican Walk" project
A Flexible Development Application for a Comprehensive Inflll Redevelopment Project for 483 Mandalay Avenue was
submItted yesterday, September 29,2004
The application IS proposing three levels of attached multi-family residential units (28 condominiums) above a four level
parking garage The garage IS proposed to have 359 parking spaces total There are 87 parking spaces proposed for
allocation to the resldentral UOltS The residential parkmg IS shown to be located on the fourth level of the parking garage
The application IS seeking a reduction of the front (east) setback from 25 feet to five feet, a reduction of the side setbacks
(north and south) from 10 feet to zero feet, and a bUilding height Increase to 68 5 feet above Base Flood Elevation to top of
roof (In the Tourist DIstrict, 35 feet IS the height limit for attached dwellings, 50 feet IS the height limit for a parking
garage)
The application submltlalls belOg reviewed for completeness If the applicatIon IS complete, It will be routed for staff
review and considered at the Development Review Committee (DRe) meeting on November 12, 2004 If determlOed by
the DRC to be suffIcIent, the appl1catlon submittal will be considered by the Community Development Board
Mike Reynolds, AICP, Senior Planner
City of Clearwater - 727-562-4836
mike revnolds@mvclearwatercom
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Memo
E'rl~EER~ ARCHIHCH
Park j ng PI(llr ~lrng d: D(j <:;1 un
TO
Tracey Bruch
FROM
DATE
RE
E James Ebert, P E
August 26, 2004
Pelican Walk Garage, City of Clearwater
MESSAGE
Here are a few qUick comments on the drawings I received yesterday
Parking control equIpment needs to be further defined
2 If the upper levels are segregated for condo owners, how IS thiS controlled? Thrs
arrangement makes only forty spaces aVailable for the public
3 Define accessible spaces
4 Define how elevator/stairs cores function for both garage and condo
5 Is there stormwater retention under ramp?
6 I don't have any vertical dimensions, but If the first floor IS 14' above, srope IS 6% Upper
floors are less
7 WIth 11' clear at grade, a barrier IS needed to keep heavy vehrcles from upper levers
8 Address easement at west
Since time IS of the essence, could you please distribute as required?
Thank you,
JIm Ebert
550 Township Line Road
SUlle 100
Blue Berf, PA 19422
Phorle 484 J4 2 02 DD
Fax 484 342 0222
www hmoaaos corn
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Fierce, Lisa
From
Sent
To
Cc
Sul)JE!ct, -
Tarapanl, Cyndl
Tuesday, June 29, 2004 249 PM
PhillipS, Sue, Harriger, Sandy, Akin, Pam, Arasteh, Mahshld
Fierce, Lisa, Gerlock, Chip, Reynolds, Mike
Pelican Walk Parking Garage
I lu:.t had a meet111g wIth LOlliS Ana<;topoulos, Stcvc Spcncer and the :.econd 111ve:.tor Steve had been evaluating
thc actual number of demlty ~ull available on the site and had some questions about that What we deterrmned is
that the slte plan on whlCh r based my calculatiom of 37 available uruts had the INCORRECT <;lte SIze The actual
site 1<; smaller than lOdlcated on the slte plan, d1erefore, the available number of umts IS slgmficantly less I will rc-
calculatc thc available demit)" and send to you all I Just wanted to let you know ASAP of thur conce!O
They stated that they need more umts and WIsh to buy TDR's from other :.1te~, however the code cunently restncts
thcm (and evcry other owner) to 20% admtional Ul11ts Ihey were aware of the lOterest of other property owners
(and Clty staff) to remove the 20% lumt 10 upconung code amendment~ I mformed them that the schedule for plan
amendments would be at the earhest 111 early 2005 due to workload I<;sue<; ObViously, they weren't happy WIth that
schedule
.steve abo requested to cancel tlus l'hmsday's meeting WIth Planlllng staff to diSCUSS deSIgn Issues Sll1ce thiS change
will slgmficantly reVise therr deSIgn
No actJ.on 1<; reqwred from yOU all at thiS timC-fYl only Thank:.
1
Cynd. Tarapalll
Planrung Drrector
(727)562-4547
cyam tarapam@ivlyClearwatcr com
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Fierce, Lisa
From:
Sent:
To
Subject.
Tarapanl, Cyndl
Friday, July 09,20041217 PM
Fierce, Lisa, Gerlock, Chip, Reynolds, Mike
FW Pelican Walk Project
FYI
Cyudl Tarapam
Plannlllg Duector
(727)562-4547
cyndi tarapam@MyClcarwatcrcom
--- --0 rI g I na I M essag e -----
From Bruch, Tracey
Sent: Friday, July 09, 2004 11 25 AM
To QUillen, Michael, Arasteh, Mahshld, Tarapanl, Cyndl
Cc Jim Ebert (Tim Haahs & Assoc ) (E-mall),Akln,Pam,Wllson, Denise, PhillipS, 5ue, Harnger, Sandy
Subject: Pelican Walk Project
FYI
I was recently speaking with Walker Parking Consultants (WPC) and they asked how the subject project was
progressing, I was not at the 6/16/04 meeting, however, Jim Ebert's notes Indicated that WPC was now'more
Involved In the functional layout, etc WPC Indicated they are NOT under contract for this proJect, At the
request of Pelican Walk, WPC provided a proposal to Include the condos Into the scope of work but they have
not been authorized to begin work, Apparently one of the engineers from WPC forwarded an e-mail from
Steve Spencer to Jim Ebert with what was verbally discussed concerning changes to the functional layout
Perhaps this IS where the confusion has originated
Tracey
Tracey Bruch, Parking Manager
PWA / Parking System
727-562-4771
tracey, bru ch@myelearwater,com
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Fierce, Lisa
From
Sent
To,
Cc
Subject
Fierce, Lisa
Thursday, June 24,2004448 PM
'sJs@spencerarch com'
Reynolds, Mike, Gerlock, Chip, Tarapanl, Cyndl, 'Keith Zayac'
pelican walk design meeting - June 24,2004
hi steve, I wanted to summanze the pOints we discussed at our meeting today with me and mike reynolds-
.
the bUilding design as shown today needs more symmetry, the wlndowlopenlngs are currently configured In an
asymmetncal design (we did not get a copy of the plans you brought In today)
the overall design of the bUilding needs to be consistent with the eXisting bUilding and the deSign of the condos and
garage need to be better coordinated (e g use of flat arch on garage In addition to condo area, etc )
a "base" needs to be created on the bUilding, similar to one of the examples provided to you of an award-winning
garage deSign (In VIrginia), thiS new base will be level with the ground level of the parking garage (up to 14 feet In
height)
decorative metal/aluminum gnllwork will be used as a material on the outside of windows/openings to screen the
veh Icleslramps
revised draWings will Include four-Sides with dimenSions, colors and materials, the east elevation will Include a photo of
the eXisting bUilding (screened as background) with the proposed condos shown above
the display windows on the west elevation will be removed since the future retail use IS no longer part of the request
a sample of a perspective draWing will be provided (of another site) shOWing the level of detail that could be provided
In a perspective/rendering of thiS site
the calculation of densltyllntenSlty as provided by kelth zayak needs to be corrected, 73,485 square foot parcel less
38,000 square feet of nonresidential = 35,485 square feet remaining for residential, 35,485 sf (0 814 acres) X 30
dulacre results In 24 dwelling units
the next meeting Will be held with cyndl tarapanl and chip gerlock on thursday, July 1 at 1 30 P m In the msb (mike and
1 are out of town)
.
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o
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Lisa L. Fierce
City of Clearwater ASSistant Planning Director
Ilsa flerce@MyClearwatercom
7275624561 phone" 7275624865 fax
Buckeye and Buccaneer Fan - GO BUC(K)S!
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en Y OF CLEARWATER
NOTICE OF COMMUNITY DEVELOPMENT BOARD PUBLIC HEARINGS
The Commumty Development Board of the CIty of Clearwater, Flonda, wlll hold public
heanngs on Tuesday, April 19, 2005, begmnmg at 1 00 PM, m the City Council Chambers, m
City Hall, 3rd floor, 112 South Osceola Ave, Clearwater, FlOrIda, to consider the followmg
requests:
NOTE: All persons wl'ihinl! to addre'is an Item need to be present at the BEGINNING of the
meetml!, Those cases that are not contested bv the applicant. staff. neiehborine property
owners. etc. will be placed on a consent aeenda and approved bv a sinele vote at the
be1!inninl! of the meetInl!.
G(cont from 1/18/05) LBJ. LLC (BJE, Inc) are requestmg (1) FleXIble Development approval
to permIt a mixed use (proposed parkmg garage and attached dwelhngs m conjunctIOn WIth
eXlstmg retail sales) With a reduction to the front (east) setback from 25 ft to 477ft (to bUlldmg),
a reduction to the Side (north) setback from 10 ft to 291 ft (to bmldmg), reductlOns to the slde
(south) setback from 10 ft to zero ft (to dumpster enclosure), from 10 ft to 1 74 ft (to pavement)
and from 10 ft to 26ft (to bmldmg), a reductIon to the rear (west) setback from 20 ft to 05 ft (to
bmldmg), to mcrease the bUlldmg height from 35 ft to 70 ft (to roof deck) with an additional 4 ft
for penmeter parapets (from roof deck) and an additIonal 16 fi for rooftop paVIlion (from roof
deck) and to permit a bUlldmg wIthm the VIS1bdlty tnangles, as a ComprehenSive 1nfill
Redevelopment Project, under the provIsions of Sec 2-803 C, and a reductIOn to the Width of
foundatlOn landscapmg along PomsettIa Avenue fTOm 5 ft to 4 77 ft, as a ComprehenSIVe
Landscape Program under the prOVISlOns of Sec 3-1202 G, and (2) Transfer of Development
Rights of 4 umts from 656 Bayway Blvd, under the proVISIons of Sec 4-1402 [Proposed Use:
Mixed use (4 level parkmg garage WIth 355 parkmg spaces and 28 attached dwelling umts
[condomlDlUm] III conjunctIon With 37,940 sq ft of eXlstmg retad sales)] at 483 MandaIav Ave,
Clearwater Beach Park, 1st Add Replat, Blk A, Lots 2-7, & 15 ft Vac Alley on W & Lot 8
FLD2004-09072/TDR2005-0] 0] 5
2 (cant from 3/22105) Liberty Bank (LIberty Realty Group) are requestmg FleXIble
Development approval (1) to permit retml sales and servIce (bank) and offices m the CommercIal
Dlstnct With a reduction to the front (north) setback from 25 to 235ft (to pavement), a reductIOn
to the front (east) setback from 25 ft 20 ft (to bUlldlllg), an mcrease to buIidmg helght from 25 ft
to 28 ft (to roof deck) WIth an addItIonal 3 33 ft for parapet (from roof deck) and an addItIOnal
8 83 ft for architectural embellishments (from roof deck), a reduction to reqUired parkmg from 38
to 35 spaces and a deVIatlOn to allow dIrect access to a major artenal street (Gulf to Bay), as a
ComprehenSive 1n611 Redevelopment Project, under the proVISIOns of See 2-704 C, (2) to permIt
non-residential parkmg m the MedIUm DenSity ReSIdentIal DistrIct With a reduction to front (east)
setback from 25 ft to 15 ft (to pavement) and a deVIatIon to place landscapmg on the llls1de of the
buffet fence along the west and south Sides of the property, as a ReSIdential Infill Project, under
the proVISIons of 2-304 G (Proposed Use: Bank and office space) at 1611 Gulf to Bav Blvd,
Longvlew Sub, Lots 3-4, 19-21 FLD2004-]] 080
3 (cant from 3/22/05) Haddon House Inn. Inc. (Haddon House of Clearwater, LLC) are
requestmg (I) FleXIble Development approval to permit 14 attached dwelhngs WIth reductIOns to
the front (south) setback trom 25 ft to 15 ft (to bUlldmg) and from 25 ft to 42ft (to trash stagmg
area), a reduGhon to the front (west) setback from 25 ft to 8 ft from the Coastal Construction
Control Lme (to pool deck), reductions to the SIde (north) setback from 10 ft to 59ft (to
bUlldmg), from 10 ft to 5 ft (to pool deck) and trom 10 tt to 2 ft (to SIdewalk), a reductIOn to the
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side (west) setback from lOft to 32ft (to sIdewalk), a reductlon to the side (east) setback from
10 ft to 6 ft (to sidewalk), and an mcrease to heIght froro 30 ft to 64 ft (to roof deck) wlth an
additIOnal 4 16 ft for penmeter parapet (from roof deck) and an addltlonal 15 83 ft for a rooftop
pavIlion (from roof deck), as a ResIdentml Infill ProJect, under the provlslom; of Sec 2-404 F, (2)
a reductIOn to the landscape buffer along IdlewJid Street from 10 ft to 42ft (to trash stagmg
area), a reductIOn to the landscape buffer along the north property hne from 10 ft to 59ft (to
bUlldmg), from 10 ft to 5 ft (to pool deck) and from 10 ft to 2 ft (to SIdewalk), a reductIOn to the
landscape buffer along the west property hne from 10 ft to 32ft (to SIdewalk) and a reductIOn to
the landscape buffer along the eastern property hne froro 10 ft to 6 ft (to Sidewalk), as a
Comprehensive Landscape Program, under the proVIsIOns of Sec 3-1202 G, (3) Transfer of
Development RIghts for one dwelhng umt from 321 Coronado Dnve, under the provIsIOns of Sec
4-1403 [Proposed Use: Attached dwellings (14 condommmms)] at 12 Idlewild St, Clearwater
Beach Rev, Blk3, Lots 1, 13-15 & W 1/2 of Lot 12 FLD2004-10076
4 Georl!e C Clark Investments (Global Fmancml Investments, LLC / EqUity Investments, LLC
/ KB Home _ Tampa, LLC) are requestIng FlexIble Development approval WIth reductlon of the
front (east) setback along Lawson Rd from 25 ft to 18 ft (to bUlldmg), from 25 ft to 14 ft (to
pavement), reducttons to front (west) setback along Lawson Rd from 25 ft to 7 ft (to patlos), from
25 ft to 11 ft to (bUlldmg) and from 25 ft to 10 ft (to pavement), a reductIon of the front (south)
setback along Blackburn St from 25 ft to 10 ft (to pavement), and a reductton to a landscape
buffer from 10 ft to 7 ft (to pattos) along the east SIde of Lawson Rd, as a Resldenilal Infill
ProJect, under the provlstonS of See 2-304 G and PrelimInary Plat approval for 248 lots, and as a
ComprehensIve Landscape Program, under the provlSlons of Sec 3-1202 G (Proposed Use: A
resIdential development of248 attached dwellings) at 2520 Sunset POint Rd, Blackburn's Sub, Pt
of Lots 10-12 & Vac St FLD2004_02011A1PLT2004-00007A
5 Bav Harbor. LLC (Baywatch Suttes, Inc) are requestmg FleXIble Development approval to
construct a 1,376 sq ft multi-use dock facilIty to provide 8 slips as an amemty to 19 condominIUm
umts The request Includes an mcrease of the Width of the dock from 75 percent of the lot Width
(135 ft) to 77 percent of the lot WIdth (139 ft), and a reductton of the SIde (west) setbacks from
1798 ft to 103ft to the dock, per Sec 3.601 C 3 (proposed Use: Construct a multi-use dock of
1 ,376 sq ft for 8 shps) at 600 Bavwav Blvd, Bayslde Sub No 5, B lk A, Lots 6.8 & Rlpanan Rts,
FLD200S-01010
6 MSPA AcuUlsition II. LP IS requestmg (1) TermmatlOn of Status of Nonconfonmty for
denSIty to allow the contmuatlOn of an eX1stmg 217-roomlumt hotel (where 74 rooms/umts are
permItted today) and for he1ght to allow the eXIstmg 155-ft hIgh bUl\dmg (where a maximum
height of \50 ft 1S permItted today), (2) FleXible Development approval to permtt a 217-roomlumt
overmght accommodatlon use With a reductlOn to the rear (west) setback from 20 ft to zero ft (to
patto/pool deckmg and tIkI bars) and to allow patlO/pool decktng seaward (westward) of the
Coastal ConstructIon Control Lme, an mcrease to bUlldmg heIght from 35 ft to 155 ft (to eXlstmg
roof deck) and a reductIon to reqUIred parktng from 217 to 201 spaces (exlstmg), as a
ComprehensIve rnfill Redevelopment ProJect, under the prOVISIons of Sec 2-803 C, (3) a
reductIOn to the reqUired mtenor landscape area, as a ComprehenSIVe Landscape Program, under
the prOVISIons of Sec 3-1202 G, and (4) ComprehenSIVe Sign Program approval, under the
prOVISIons of Sec 3-1807 (SGN2005-01016) (Proposed Usc: Retam eXistIng 217~room
overnIght accommodatIOn use) at 430 South Gulfview Blvd, Lloyd-Whlte-Skmner Sub, Lots 33-
35 & pt of Lot 36 & Subm Land on W FLD2005.01(105/SGN2005-01016
7 Sunsprce Green, LLC IS requestmg (1) TermmatIon of Status of Nonconfonmty for denSity
for the eXIstmg 105-room hotel tower, located on 2383 acres (density to be converted to 78
dwelling umts), (2) FlexIble Development approval to permit attached dwellmgs wlth reductIOns
to the front (north along S Gulfvlew Blvd) from 15 ft to 11 88 ft (to secunty guard house) and
from 15 ft to 642 ft (to pavement), a reductIOn to the front (east along Gulf Blvd) from 15ft to
zero ft (to pavement),.a reductIon to the side (west) !>etback from 10 ft to 429 ft (to pavement), a
reduction to the side (south) setback from 10ft to zero ft (to boardwalk), an mcrease to bUlldmg
height from 35ft to 150 ft (to roof deck) wIth an add ItlOnal 11 - 21 ft for decorative mansard
archItectural embellishments, an mcrease to fence height wlthm the front setback from 6 ft to 7 ft
and a deViatIon to allow a bUlld10g wlthm vlSlblhty tnangles, as a ComprehenSive Infill
Redevelopment Project, under the provISIons of Sec 2-803 C, (3) Transfer of Development Rights
of 10 umts from 41 Devon Dr and 3 umts from the Sandpearl project located generally at 500
Mandalay Ave, under the proVISIOns of Sec 4-1402 (TDR2005-010l7), and (4) Prellm10ary Plat
for 1 lot (PLT2005-00002) [Proposed Use: Attached dwellings (149 dweU10g umts)] at 715 S.
Gulf view Blvd, Bayslde Shores, Blk D, Lots 1-2 & Accreted Land to S FLD2005-
01 0l6/TDR2005-01 017/PL T2005-00002
8 Panaroma on Clearwater Beach. LLC IS requestmg (1) TenmnatlOn of Status of
Nonconformity for denSIty (15 overnight accommodatlOn umts, to be converted to II dwelhng
umts, plus 8 eXlst10g dwelhng umts), under the prOVISIons of Sec 6-109, (2) FleXible
Development approval to permit a total of 15 attached dwellings m the MedIUm High DenSity
ReSidential (MHDR) Dlstnct and Tounst (T) Dlstnct with a reductlOn m the T Dlstnct from
10,000 sq ft to 4,350 sq ft, a reductIon to lot WIdth 10 the T Dlstnct from 100 ft to 50 ft,
reductlOns to the front (north along Avalon St - MHDR Dlstnct) setback from 25 ft to 10 ft (to
bmldmg) and from 25 ft to zero ft (to trash stagmg area), a reductIOn to the front (south along
Kendall St _ T Dlstnct) from 15 ft to 10ft (to bUlldmg), a reduction to the Side (west - MHDR
Dlstnct) from 10 ft to 7 ft (to bUlldmg), a reductIOn to the SIde (west - T Dlstnct) from 10 ft to 3 ft
(to bUlldmg and pavement), a reductlOn to the rear (south - MHDR Dlstnct) from 15 ft to 10 ft (to
bUlld1Og), an 10crease to bUIldmg height m the MHDR Dlstnet from 30 ft and m the T Dlstnct
from 35 ft to 5267 ft (to roof deck) with penmeter parapets of 3 67 ft (from roof deck), as a
Resldenttal Infill Project m the :MHDR Dlstnct and as a ComprehenSive Infill Redevelopment
Project 10 the T DIStrtct, under the prOVISIOns of Secs 2-404 F and 2-803 C, and (3) ReductIOn to
the Side (west) landscape buffer m the MOOR DIStrict from 10 ft to 7 ft (to bUlldlOg), as a
ComprehenSive Landscape Plan, under the prOVISIOns of Sec 3-1202 G [Proposed Use:
Attached dwelhngs (15 dwellmg uOltS)] at 15 - 27 Avalon St and 16 Kendall St. Clearwater
Beach Rev, Elk7, Lots 6-8, 14 & Pt of Lot 5 FLD2005-01007
9 Robert M Pennock. Mclodie A Fert!uson. Robert M Pennock n TRE REM. & MeIodie A
Fert!uson TRE REM are requestmg FleXible Development approval to penmt 5 attached
dwelhng UOItS wlth a reductIon to the mmllnum lot Width from 100 ft to 51 ft, an Increase to
height from 35 ft to 59 ft to top of roof deck, an addltlOoal 35ft to the top of mansard roof (from
roof deck) and an addltlOnal 11 75 ft for statr/elevator tower (from roof deck) and architectural
embellishment, a reductlon 10 the rear (south) setback from 20 ft to zero ft to pool deck, 35ft to
pool and 18 ft to bUIldmg as a FleXible Development proJect, under the provIslons of Sec 2-
803 B [Proposed Use Attached dwelhngs (5 dwelhng UOItS)] at 665 Bav Esplanade, Mandalay
Umt No 5 Replat, Blk 77, Lot 6 FLD2005-01009
10 Clearwater Yacht Club. Inc. lS requestlOg FleXible Development approval to perrolt a 3
story, 18,500 sq ft Yacht Club With offices, exerClse room, restaurant and parkmg garage
structure, With reductIOns to the front (south) setback from 15 ft to zero ft to pavement and 4 ft to
bUlldmg structure, to permit a bUlldmg wlthm the SIght vlSlblhty tnangles along Bayway Blvd, a
reductIon of rear (north) setback from 20 ft to zero ft to paver deck and 18 tt to bUlldmg and an
mcrease m bUlldmg height from 25 ft to 465ft to mean roof height, as a ComprehenSive Lnfill
'"
ProJect, under the provl510ns of Sec 2-803 E (Proposed U~e: Manna) at 830 Bavwav Blvd,
Bayslde Sub No 6 UOlt A, Blk D, Lots 5-11 Incl FLD2005-0l008
II Skiff Point of Clearwater. LLC IS requestmg FlexIble Development approval to permlt 15
attached dwelhng UOltS wIth reductIOns to the front (east) setback from 25 ft to 15 ft to bUlldmg
and from 25 ft to 3 ft to pavement, a reductIOn to the side (north and south) setbacks from 10 ft to
65ft to bUlldmg and 5 ft to parkIng, a reductIOn to the rear (south) setback from 15 ft to zero ft to
pool deck, 5 ft to pool and 75ft to parkmg, and an Illerease III height from 30 ft to 49 ft to roof
deck and addItional 4 ft for parapet (from roof deck to top of parapet) and an addItional 16 ft for
elevator overrun (from roof deck), as a ReSidential Infill ProJect, m the Island Estates
Neighborhood ConservatIOn Overlay Dlstnct (IENCOD) I MedIUm High DenSIty ReSidential
(MlIDR) District under the proVISIOns of Secs 2404(F) and 2-1602(C) [Proposed Use:
Attached dwellIngs (15 dwelhng umts)] at 200 and 201 SkIff Pomt, Island Estates of Clearwater,
Dmt 5-A, Lots 35-36 FLD2005-01012
Interested partIes may appear and be heard at the hearings or file Written notice of approval or
objectIOn With the Planmng Interested partIes may appear and be heard at the hearing or file
Written notice of approval or objectIOn WIth the Plannmg Director or CIty Clerk prior to the
heanng Any person who deCides to appeal any deCISion made by the Board or CounCIl, WIth
respect to any matter conSIdered at such heanngs, wlll need to request a record of the proceedmgs
and, for such purpose, may need to ensure that a verbatim record of the proceedmgs 1S made,
which record mcludes the testImony and eVIdence upon WhICh the appeal IS to be based per
FlOrida Statute 2860105 Commumty Development Code Sec 4-206 states that party status shall
be granted by the Board m quasI-JudICIal cases If the person requestmg such status demonstrates
that s/he IS substantially affected Party status entItles partIes to personally testify, present eVIdence,
argument and Witnesses, cross-examme Witnesses, appeal the deCISIOn and speak on reconsIderatIOn
requests, and needs to be requested and obtamed durmg the case diSCUSSion before the CDB
An oath will be admlmstered sweanng m all person<> glvmg testimony m quaSI-JudicIal public
heanng cases If you Wish to speak at the meetmg, please walt to be recogmzed, then state and
spell your name and proVide your address Persons WIthout party status speakmg before the CDB
shall be hmlted to three mmutes unless an mdlvldualls representmg a group m WhICh case the
Chairperson may authonze a reasonable amount of time up to 10 mmutes
5 days pnor to the meetmg, staff reports and recommendatIOns on the above requests WIll be
available for reVIew by mterested parties between the hours of 830 a m and 430 pm,
weekdays, at the CIty of Clearwater, Plannmg Department, 100 S Myrtle Ave, Clearwater, FL
33756 Please contact the case presenter, at 562-4567 to diSCUSS any questions or concerns about
the project and/or to better understand the proposal and revIew the SIte plan
Cyndl Tarapam
Planmng Dlfector
Cynthia E Goudeau, CMC
City Clerk
CIty of Clearwater
POBox 4748, Clearwater, FL 33758-4748
NOTE Applicant or representative must be present at the heanng
A COpy OF THIS AD IN LARGE PRINT IS A V AJLABLE IN OFFICIAL RECORDS
AND LEGISLATIVE SERVICES. ANY PERSON WITH A DISABILITY REQUIRING
~
"
REASONABLE ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS
MEETING SHOULD CALL (727) 562-4093 WITH THEIR REQUEST.
Ad 04/03105
y w w - L15f 3 rY\~ D-'4 1-\'( t. - i= l D LeU Lt - 01..1 U I l-
.....- ~<I
~"
BELLE HARBOR
2201 4TH ST N STE 200
ST PETERSBURG FL 33704 - 4300
W ANDACHOWICZ, BOGDAN
lOP AP A Y A ST # 1001
CLEARWATER FL 33767 -
BELLE HARBOR LLC
2201 4TH ST N # 200
ST PETERSBURG FL 33704 - 4300
"
THOMAS-KlRSCHKE, HEIDI
525 MANDALA Y AVE # 24
CLEARWATER FL 33767 -
HARTMAN, JEFFREY E
HARTMAN, MARISA A
5 CORD GRASS LN
OLD LYME CT 06371-
IVERSON, DONALD D
1001 SAN MARCO ST # 1001
CLEAR WATER FL 33767 -
ROBULAK, KENNETH J
ROBULAK, PATRICIA J
521 MANDALA Y AVE # 302
CLEAR WATER FL 33767 -
GAUDIN, DANIELE
521 MANDALA Y AVE # 305
CLEARWATER FL 33767-
MAZAS INVESTMENTS LLC
2251 DREW ST # 207
CLEARWATER FL 33767 -
BOND, GEORGE L JR
BOND, YVONNE N
1215 CAMINO CAPISTRANO
ROSEVILLE CA 95747 -
BELLE HARBOR OWNERS ASSN
INC
501 MANDALA Y AVE
CLEARWATER FL 33767 -
ELIAS, SCOTT D
1435 N CLEVELAND # E
CHICAGO IL 60610 -
F S N PROPERTIES LLC
9909 RACETRACK RD
TAMPA FL 33626 -
FLOTO, RONALD J
FLOTO, NANCY C
54 SASSOON ROAD
POKFULAM 00000-
HONG KONG
LYLE, JOHN F
LYLE, NANCY S
408 NORTH SHORE DR
KNOXVILLE TN 37919-
SHEPPARD, KERlL YN
SHEPPARD, KRISTIN
328 SIX MILE RD
WHITMORE LAKE MI 48189-
HODUCH, RAYMOND T
BODUCH, LINDA C
1621 GULF BLVD # 1401
CLEARWATER FL 33767-
VISOSO, ROBERTO
VISOSO, GRACIELA
521 MANDALA Y AVE # 307
CLEARWATER FL 33767 -
JACOBSEN, GLENN C
JACOBSEN, BARBARA D
6 FERRAND WOODS
SAINT LOUIS MO 63 124 -
PF AFF, ROBERT
PFAFF, BETTY
521 MANDALA Y AVE # 404
CLEARWATER FL 33767-
~,
FULLBk'cH iNVESTMENTS LLC
2201 4TH ST N # 200
ST PETERSBURG FL 33704-
GIANFILIPPO, JOHN F
GIANFILIPPO, LAURA L
162 DEVON DR
CLEARWATER FL 33767-
GONZALEZ, EDWARD A
GONZALEZ, MARITZA
9400 LAWS RD
CLEARMONT FL 34711 -
BELLE HARBOR LLC
2201 4TH ST N # 200
ST PETERSBURG FL 33704 - 4300
CAMBAS, NICHOLAS A
2939 ELYSIUM WAY
CLEARWATERFL 33759-
STOJAK, JAMES L
STOJAK, ROBIN L
3964 MULLENHURST DR
PALM HARBOR FL 34685 -
FARRELL, BRIAN M
FARRELL, CYNTHIA B
5116 WESTSHORE DR
NEW PORT RICHEY FL 34652-
ENGEBRETSEN, ARDEN B
10 PAPAYA ST # 1404
CLEARWATER FL 33767-
TADROS, HANI S
Y ASSAOUI, SUZANNE
2184 LAURENCE DR
CLEARWATER FL 33764-
SHEAR, MARILYN F
2650 MCCORMICK DR 8TE 130
CLEARWATER FL 33759 -
COLTON, JAMES A LIEBERMAN, LAWRENCE T CORDE1RO, JACK
COLTON, LORI B LIEBERMAN, DEBORAH S CORDEIRO, ALDA
421 HAMPTON GREEN 10 WILLOWOOD LN 8209 W CRENSHA W ST
PEACHTREE CITY GA 30269 - OLDSMAR FL 34677 - TAMPA FL 33615-
MOMESSO, SERGIO F FALLON, JOSEPH KIEFFER, ALAN L
MOMESSO, NOELLA NOORY FALLON, SHEILA KIEFFER, NELLI L
10 JONQUILLE 1 SEASIDE LN # 101 52] MANDALA Y AVE # 501
KIRKLAND QC H9H 3C4 00030- BELLEAIR FL 33756 - CLEAR WATER FL 33767 -
CANADA
JENNINGS, MARK K KAROUNOS, THEODORE P CLARK, ROBERT B
JENNINGS, VICKI B KAROUNOS, LORRAINE J CLARK, SANDRA H
8471 FLOWERING CHERRY LN 444 PINE HILL RD 13201 CLAYTON RD
LAUREL MD 20723- LEONIA NJ 07605 - ST LOUIS MO 63131 -
YOF AN, A VI NORRIS, WILLIAM TOUCHTON, JOANN
YOF AN, JACQUELINE 4 HIGHLAND AVE TOUCHTON, WALTER W
10PAPAYAST# 1202 WARREN RI 02885 - 10 PAPAYA ST # 702
CLEARWATER FL 33767- CLEARWATER FL 33767-
NAGALE, VISHW ANA TH T DIGIANNANTONIO, GILBERT HICKMAN, GARY
NAGALE, PUSHP AMALA V DIGIANNANTONIO, PAULETTE HICKMAN, MARY JO
521 MANDALA Y AVE # 508 3717 WOODRIDGE PL 405 ANCHOR ROW
CLEARWATER FL 33767- PALM HARBOR FL 34684 - PLACIDA FL 33946 -
BOMERGER, DAVID RICHARD JOYCE, JILL E BOTWICK, ANDREW L
990 W OAK ST 1019 GUISANDO DE A VILA BOTWICK, DIANNE S
ZIONSVILLE IN 46077 - TAMPA FL 33613- 1422 NW 111 TH AVE
CORAL SPRINGS FL 33071 -
TOUCHTON, JOANN SANDOZ, DAVID C KRYGIER, TESSIE
TOUCHTON, WALTER W SANDOZ, ANN L LA TEK, STANLEY
]0 PAPAYA ST # 702 523 N OKLAHOMA AVE 11109 KAREN DR
CLEARWATER FL 33767- MORTON IL 61550- ORLAND PARK IL 60467 -
YOF AN, A VI T A C LLC J N E BEACH CONDOS LLC
YOF AN, JACQUELINE 1172 BROWNELL ST 6326 MACLAURIN DR
521 MANDALA Y AVE # 607 CLEARWATER FL 33756- TAMPA FL 33647-
CLEARWATER FL 33767-
GIBSON, PAULF LEVINE, RICHARD SORENO VISTA LC
521 MANDALA Y AVE # 610 LEVINE, BARBARA 575 2ND AVE S
CLEARW ATER FL 33767 - 5047 OTIS AVE ST PETERSBURG FL 33701 -
TARZANA CA 91356-
SWIDEREK, T1MOTHY J AVERY, JOSEPHINE TEJEDA, RAFAEL E
SWIDEREK, jOSEPH A ULINE, BRADLEY R TEJEDA, IDELFIA A
4540 WEA THERV ANE DR 521 MANDALA Y AVE # 704 3516 WOODRIDGE PL
ALPHARETTE GA 30022 - CLEARWATER fL 33767- PALM HARBOR fL 34684-
CASTROGIOV ANNI, LUKE GRIECO, DANIEL J II PERRY, GREGORY G
CASTROGIOV ANNI, KELL Y L GRIECO, DIANE Y LAHN, MONICA L
9011 S NATOMA 10 PAPAYA ST # 404 253 GLENS TONE CIR
OAKLA WN IL 60453 - CLEARWATER FL 33767 - BRENTWOOD TN 37027 -
EQUIT ABLE HOLDING CO LLC EQUITABLE HOLDING CO LLC ABOOD, ROBERT G
7667 EQUITABLE DR # 201 7667 EQUITABLE DR # 20 I ABOOD, CATHERINE C
EDEN PRAIRIE MN 55344 - EDEN PRAIRIE MN 55455 - 4 OAKLEAF CT
SAFETY HARBOR FL 34695 -
BICZ, DANIEL S HALL, ROGER W ECKALL INVESTMENTS LLC
B1CZ, MARGARET C HALL, SYLVIA M 2201 4TH AVE N # 200
521 MANDALA Y AVE # 802 521 MANDALA Y AVE # 803 ST PETERSBURG FL 33704 - 4300
CLEARWATER FL 33767- CLEAR WATER FL 33767 -
YOF AN, A VI GIBSON, PAUL F YOF AN, A VI
YOF AN, JACQUELINE 11 SAN MARCO ST # 302 YOFAN, JACQUELINE
10 PAPAYA ST # 1202 CLEARWATER FL 33767 - 10 PAPAYA ST # 1202
CLEARWATER FL 33767- CLEARW A TER FL 33767 -
MITCHELL, JEFFREY C EGAN, JOHN M EGAN, JOHN M
MITCHELL, JUDY A 10 PAPAYA ST # 1604 10 PAPAYA ST # 604
327 LOTUS PATH CLEARWATER FL 33767- CLEARW A TER FL 33767 -
CLEARWATER FL 33756 -
GAHERTY, JOHN B SR ENTEL, ROBERT J KAHRS, CAROLYN J
GAHERTY, CECILIA G 2471 JOHNNA CT KAHRS, HENRY G
5527 S PARK AVE PALM HARBOR FL 34685- 4834 QUILL CT
HINSDALE IL 60521 - PALM HARBOR FL 34685 -
MC DERMOTT, JAMES T WARSTLER F AMIL Y TRUST TANKEL, ROBERT L
DRAPP, SHANNON M WARSTLER, ARTHUR K TRE T ANKEL, TERRI G
521 MANDALA Y DR # 904 521 MANDALA Y AVE # 905 1022 MAIN ST # 0
CLEARWATER FL 33780- CLEARWATER FL 33763- DUNEDIN FL 34698 -
CLARK, TERRY M ACHARY A, RA VINDRA P M B C PROPERTIES II LLC
CLARK, JANE H ACHAR Y A, KALP ANA R 4500 NORTHWOODS LN
16756 WHITES STORE RD 47 SAWMILL RD BLOOMINGTON IN 47404-
BOYDS MD 20841 - DUDLEY MA 01571 -
COSTAWAY LLC THW AITE, EDWARD J M C FAMILY INVESTMENTS
15 HEATH WAY THW AITE, PATRICIA LTD
BARRINGTON IL 60010- 15 LOOKOUT POINT TRL 2201 4TH ST N STE 200
TOTOWA NJ 07512- ST PETERSBURG FL 33704 - 4300
WIECLA W, JOANNA POOLE, WILLIAM L III GIANFILIPPO, JOHN
14 E KENNETH AVE ROBINSON, JOHN CONNIE JR BURKETT, FRANKLIN S
PROSPECT HEIGHTS IL 60070 - 3 HUNTERS CROSSING CT 1775 CEDAR WAXWING CT
THE WOODLANDS TX 77381 - PALM HARBOR FL 34683 -
KROLL, WOLFGANG
KROLL, LILLI
521 MANDALAY AVE # 1006
CLEARWATER FL 33767-
J N E BEACH CONDOS LLC
6326 MACLAURIN DR
TAMPA FL 33647-
MACK, DAVID A
30 JELUFF LN
SOUTHPORT CT 06490-
REH KEMPER, PHILIP A
REHKEMPER, BARBARA A
521 MANDALA Y AVE # 1105
CLEARWATERFL 33767-
MAGUIRE, P A U L
18 GOLDFINCH DR
AMERICAN CANYON CA 94503
HOERNIG, OTTO W
HOERNIG, JUANITA S
521 MANDALA Y AVE # 1201
CLEARWATERFL 33767-
OLIVER, ROBERT
OLIVER, CHARLOTTE B
521 MANDALA Y AVE # 1210
CLEARWATERFL 33767-
BERG,ANNAjACOBSEN
521 MANDALA Y AVE # 1409
CLEARWATERFL 33767-
KOV ACS, VIOLET K
23 ROCKAWAY ST
CLEARWATER FL 33767 - 1739
RE, C JOHN
PULLARA, JOSEPH A
427 LOCH DEVON DR
LUTZ FL 33548 - 4282
POMS, ALAN M
521 MANDALAY AVE # 1007
CLEARWATER FL 33767-
SAND KEY CONSULTING LLC
1015 NORTH RlVER WALK E
CHICAGO IL 60610 -
SALTZMAN, MURRAY
SALTZMAN, BARBARA
1170 GULF BLVD # 306
CLEARWATER FL 33767 -
CASO, RONALD
CASO, BERNADETTE
3 SUTPHIN AVE
MATAWAN Nj 07747-
COSTAWAY LLC
15 HEATH WAY
BARRINGTON IL 60010-
WILLIAMS, BERNABE
REVOCABLE TR
WILLIAMS, BERNABE TRE
1204 SUNCAST LN STE 2
ELDORADO HILLS CA 95762-
PLANES, REGINA M
32700 US HIGHWAY 19 N
PALM HARBOR FL 34685 -
WARD, MICHAEL S
WARD, GISELLE V
407 SOUTH ROYAL P ALM WAY
TAMPA FL 33609-
TAYLOR, JOHN S Iff
400 MANDALA Y AVE
CLEARWATER FL 33767 - 2011
CLEARWATER, CITY OF
PO BOX 4748
CLEARWATER FL 33758 - 4748
WATERFRONT INVESTORS INC
100 N TAMPA ST # 1800
TAMPA FL 33602-
DIMMITT , LARRY H JR
150 WILLADEL DR
BELLEAIR FL 33756-
MAGRATH, JAMES P
MAGRATH, CAROL A
2 PRITCHARD LN
WESTPORT CT 06880-
PACK, JAMES D
PACK,MARYB
30146 E TOPAZ DR
SCOTTSDALE AZ 85258-
MACK, DAVID A
30 JELLIFF LN
SOUTHPORT CT 06490-
FALLER, JANET L
521 MANDALA Y AVE # 1209
CLEARWATER FL 33767-
NEAL, RALPH C
NEAL, JULIE A
4622 OSAGE CT
GREENBA Y WI 54313 -
TEMA INVESTMENTS
3135 SW 3RDAVE
MIAMI FL 33129 - 2711
WEST FINANCIAL CORP
FORLIN1, DOMENIC AFD
808 MANDALAY AVE
CLEARWATERFL 33767 - 1324
CARACO, JOSEPH
IOCOLANO, FRANCO
800 S KEENE RD
CLEARW A TER FL 33756 - 4630
FORLINI, DOMENIC
FORLINI, FULVIA
808 MANDALA Y AVE
CLEARWATER FL 33767 - 1324
VOULGARIS, APOSTOLOS
VOULGARIS, ANNIKA
441 EAST SHORE DR
CLEARWATER FL 33767 - 2028
C B R DEVELOPMENT II LLC
2201 4TH ST N STE 200
ST PETERSBURG FL 33704 - 4300
C B R DEVELOPMENT II LLC
2201 4TH ST N STE 200
ST PETERSBURG FL 33704 - 4300
MARYG REALTY INC
490 MANDALA Y AVE
CLEARWATER FL 33767 - 2007
P K & J K INC
5020 CENTRAL AVE
ST PETERSBURG FL 33707-
GELEP, HELEN A EST
2020 BA YSHORE DR
BELLEAIR BEACH FL 33786-
3425
CLEARWATER, CITY OF
PO BOX 4748
CLEARWATER FL 33758 - 4748
PRESTON, MICHAEL G TRE
419 E SHORE DR
CLEARWATER FL 33767 - 2028
CLEARWATER, CITY OF
PO BOX 4748
CLEARWATER FL 33758 - 4748
PIMENIDIS, JOHN H
PIMENIDIS, CHRISTINA
1651 SAND KEY ESTATES CT #
II
CLEARWATER FL 33767 - 2933
VOULGARIS, APOSTOLOS A
VOULGARIS, ANNIKA
441 EAST SHORE DR
CLEARWATER FL 33767 - 2028
C B R DEVELOPMENT rr LLC
2201 4TH ST N STE 200
ST PETERSBURG FL 33704 - 4300
C B R DEVELOPMENT rr LLC
220 14TH ST N STE 200
ST PETERSBURG FL 33704 - 4300
MANDALA Y LAND TRUST
3711 SWANN AVE
TAMPA FL 33609-
GELEP, MARY H
GELEP, PAUL A
2020 BA YSHORE DR
BELLEAIR BEACH FL 33786-
3425
HEILMAN FAMILY L TD
PTNSHP
941 BAY ESPLANADE
CLEARWATER FL 33767 -1002
J E C FUNDING INC
PO BOX 4689
CLEARWATERFL 33758 - 4689
B J E INC
630 S GULFVIEW BLVD
CLEARW A TER FL 33767 - 2642
HEILMANS RESTAURANTS INC
447 MANDALAY AVE
CLEARWATER FL 33767 - 2013
SCHUTZENDORF, GILBERT H
TRE
ScHUTZENDORF, ALICE M
TRE
19029 US HIGHWAY 19 N # B8
--- ---- --- -- -
FLORIDA CLEARWATER
BEACH HOTEL
PO BOX 7230
DES MOINES IA 50309 - 7230
C B R DEVELOPMENT II LLC
220 14TH ST N STE 200
ST PETERSBURG FL 33704 - 4300
C B R DEVELOPMENT II LLC
2201 4TH ST N STE 200
ST PETERSBURG FL 33704 - 4300
MANDALA Y LAND TRUST
3711 SWANN AVE
TAMPA FL 33609-
GELEP, HELEN A EST
2020 BA YSHORE DR
BELLEAIR BEACH FL 33786-
3425
HEILMANS RESTAURANTS INC
447 MANDALA Y A VB
CLEARWATER FL 33767 - 2013
BRANDENBURGH, JOAN TRE
1048 IDLEWILD DR S
DUNEDIN FL 34698 - 3105
J E C FUNDING INC
PO BOX 4689
CLEARWATER FL 33758 - 4689
YEAROUT, JANE R
YEAROUT, JANET A
806 NARCISSUS
CLEARWATER BCH FL 33767-
1334
YEAROUT, JANE PRESTON, MICHAEL G TRE DAY, WILLIAM A IRE
YEAROUT, JAMES 419 E SHORE DR 1968 LAKEVIEW AVE
806 NARCISSUS CLEARWATER FL 33767 - 2028 DRACUT MA 01826 - 3210
CLEARWATER BCH FL 33767-
1334
STEPHANS, SUSAN GIANNAS, SPIRO P URINO, FRANK N & NA T ALTE
STEPHANS, DORIS GIANNAS, ST A THIA P TRUST
803 S GULFVIEW BLVD # 308 25745 SANTOS WAY 1627 MIDNIGHT PASS WAY
CLEARWATER FL 33767 - WESLEY CHAPEL FL 33544 - CLEARWATERFL 33765-
5513
POTTER,PASCHOALENA HARTMAN, DOLORES M TRE DELETIOGLU, ISMET
463 EAST SHORE DR UTA 3-30-82 2581 1/2 N CLARK ST
CLEAR WATER FL 33767 - 2033 1850 SAN MATEO DR CHICAGO IL 60614 - 1717
DUNEDIN FL 34698 - 3719
FORLINI, PAUL PIMENIDIS, JOHN H P ARKDALE LLC
FORLINI, SHANNON PIMENIDIS, CHRISTINA 6141 MEARS CT
446 E SHORE DR 440 EAST SHORE DR CLEARWATER FL 33760-
CLEARWATERFL33767 - CLEARWATER FL 33767 - 2031
DAY, WILLIAM A LIVING POTTER, P ASCHOALINA C FIVE OAKS SOUTH LLC
TRUST PO BOX 2535 PATAPIS, STEVE EST
DAY, WILLIAM A IRE SALISBURY MD 21802 - 2535 5315 BOARDW ALK ST
473 EAST SHORE DR HOLIDA Y FL 34690 - 6622
CLEARWATER FL 33767-
SOLARI, HUGH CORAL INVESTMENTS OF EASON, GEORGE H
SOLARI, ANN PINELLAS 409 CLARA DR
41 MADELINE ST 18316 DOLL YBROOK LN BRANDON FL 33510 - 3727
BRIGHTON MA 02135 - 2145 LUTZ FL 33549 - 5858
JONES, THOMAS A PHILLIPS, HAROLD KSIAZEK, STANLEY
GOFORTH, BOB C PHILLIPS, MARGARET KSIAZEK, STANISLAWA
14 ARLINGTON ST 2459 TWINBROOKE RD 6713 W IMLAY
ASHEVILLE NC 28801 - 2006 HICKORY NC 28602 - 8721 CHICAGO IL 60631 - 1711
CORAL INVESTMENTS OF CORAL INVESTMENTS OF GRUDZIEN, SLA WOMIR
PINELLAS PINELLAS GRUDZIEN, TERESA
18316 DOLL YBROOK LN 18316 DOLL YBROOK LN 6713 WEST IMLAY
LUTZ FL 33549 - 5858 LUTZ FL 33549 - 5858 CHICAGO IL 60631 - 1711
MAFFEZZOLI, DENNIS CESARONE, JACK L CORAL INVESTMENTS OF
19505 QUESADA AVE N # 1518 CESARONE, MARY K PINELLAS
PT CHARLOTTE FL 33948 - 3114 40 HARBOR CT # 108 18316 DOLL YBROOK LN
NAPERVTLLE IL 60565 - 4409 LUTZ FL 33549 - 5858
HORNUNG, NELSON MITCHELL, SALL Y P JASIULEVICIUS, ROMAS J
HORNUNG, PEGGY 4 SMITH 8T 483 E SHORE DR # C-4
1401 BRIGADON DR CHELMSFORD MA 01 824 - 1702 CLEARW ATER FL 33767 - 2033
CLEARWATER FL 33759 - 2934
FOX, RALPH L III BANNAN, JOHN N MC LAUGHLIN, ANN K TRE
FOX, JOAN A BANNAN, SUSAN M 72 MAPLETON ST
39 PINE RIDGE RD 5674 WENDY CIR BRIGHTON MA 02135 - 2822
BUZZARDS BAY MA 02532 - LOCKPORT NY 14094 - 6015
2118
HEALY, P A TRlCK J HEALY, PATRICK SOLENZIO, STEPHEN M
HEALY, MARY HEALY, MARY 131 COMMERCIAL PKWY # 3A
19 DUNCKLEE ST 19 DUNCKLEE ST BRANFORD CT 06405 - 2539
BRIGHTON MA 02135 ~ 2116 BRlGHTON MA 02135 - 2116
CHARETTE, RALPH j & LOIS J CORAL MOTEL CONDO ASSN MC SWEENEY, JOHN J
TRU INC Me SWEENEY, KATHLEEN K
CHARETTE, RALPH J TRE PO BOX 1669 309 BAHAMA DR APT C
2219 TAMPA RD CLEARWATER FL 33757 - 1669 NOR WOOD MA 02062 - 3830
PALM HARBOR FL 34683-
CORAL INVESTMENTS OF MANDALA Y BEACH CLUB MANDALAY BEACH CLUB LTD
PINELLAS CONDO ASSN 2201 4TH ST N # 200
18316 DOLL YBROOK LN 2201 4TH ST N # 200 ST PETERSBURG FL 33704 - 4300
LUTZ FL 33549 - 5858 ST PETERSBURG FL 33704 - 4300
MURRAY, SUSAN L HARMON, THOMAS S JR HALLERAN, EDWARD M
902 ANCHORAGE RD HARMON, DEANNE L SIKA, STEPHEN
TAMPA FL 33602 - 5754 3321 W SEVILLA AVE 11 SAN MARCO ST # 303
TAMP A FL 33629 - CLEARWATERFL 33767 - 2060
BROMBOZ, JONATHAN BARRETT, WILLIAM T DELLA TERZA, ROBIN
BROMBOZ, VICKI BARRETT, SHEILA M DELLA TERZA, JAMES
11 SAN MARCO ST # 304 11 SAN MARCO ST # 306 10 CYPRESS DR
CLEARW A TER FL 33767 - 2060 CLEARW A TER FL 33767 - 2060 CEDAR KNOLLS NJ 07927 -
CHRISTOPHER, WILLIAM M KELLY, THOMAS L TRE ECKALL INV CO
CHRISTOPHER, SHEILA M KELLY, KATHLEEN F TRE 8155 ELBOWLNN
PO BOX 965 11 SAN MARCO ST # 401 ST PETERSBURG FL 33710 - 4325
BURNSIDE KY 42519 - 0965 CLEARW ATER FL 33767 - 2060
PILATO, SAM A MORRIS, MARY J HULLING, DON C
PILATO, TALMA 21 MCCALL RD HULLING, TRICE 0
3257 NICKS PL WINCHESTER MA 01890 - 3711 14008 SHADY SHORES DR
CLEARWATER FL 33761 - 2017 TAMPA FL 33613 - 1931
PITTMAN, C CHRISTOPHER THW AITE, EDWARD W RODWELL, ERIC V
PITTMAN, KAREN G THWAITE, PATRICIA A RODWELL, DONNA M
1099 SHIPW A TCH CIR 15 LOOK OUT P01NTE TRL 11 SAN MARCO ST # 408
TAMP A FL 33602 - 5736 TOTOW A NJ 07512 - 1611 CLEARWATER FL 33767 - 2060
MOHR, GREGORY A LORDEN, HEIDI M TRE SOBEL, KATHY
MOHR, KATHLEEN L PO BOX 651 2997 KENSINGTON TRCE
2873 ROEHAMPTON CLOSE TOWNSEND MA 01469 - 0651 TARPON SPRINGS FL 34688-
TARPON spas FL 34688 - 8426 8457
PODGURSKI, MICHAEL A MOUUS, JAMES M ROWLAND, CLARENCE E III
PODGURSKI, LINDA G MOUUS, SUSAN B HORVATH,KLARA
1125 W POWDERHORN RD 3302 ROCKY BEACH RD 16132 ARMISTEAD LN
MACHANICSBURG PA 17050- MC HENRY IL 60051 - 9669 ODESSA FL 33556 - 3303
2007
NEUWOLF PARTNERS MALACHOWSKI, JERRY PERTILE, RICHARD K
2100 CLEARWATER DR MALACHOWSKI, DOROTHY PERTILE, DEBORAH J
OAK BROOK IL 60523 - 1927 1426 SEMAR CT 1137 MARINA DR
MOUNT PROSPECT IL 60056- TARPON SPRINGS FL 34689 -
2984 6713
ROWLAND, CLARENCE E III ZAKHARY, A TEF S WELLS, DARCY L
HORVATH, KLARA 11 SAN MARCO ST # 603 NALEY, STEVE W
11 SAN MARCO ST # 602 CLEARWATER FL 33767 - 2060 705 BA Y ESPLANADE AVE
CLEARWATER FL 33767 - 2060 CLEARWATER FL 33767 - 1409
NORDS, KEVIN SILVESTER, MARK R D'AMORE, EUGENE R
11816 MARBLEHEAD DR SILVESTER, AMANDA A 11 SAN MARCO ST # 607
TAMPA FL 33626 - 2553 THE OAST STUNTS GREEN CLEARWATER FL 33767 - 2061
HERSTMONCEUX
EAST ESSEX BN274PN 00003-
- - - - ~ ~ -- --
SAYER, DAVID L MOMESSO, NORELLA N JOPPERT, MARCOS
BAYER, PAMELA R 10 JONQUILLE SNODGRASS, SUSAN M
710 DUNSCORE CT KIRKLAND QC H9H 5A3 00030- 5010 W THE RIVIERA ST
ROSWELL GA 30075 - CANADA TAMPA FL 33609 - 3613
LA BELLE ELECTRIC INC IYER, VENKIT S BROWN, SHERMAN 0
24546 21 MILE RD IYER, LAKSHMI V BROWN, ANDREA D
MACOMB MI48042 - 5111 3469 SHORELINE CIR 11 SAN MARCO ST # 705
PALM HARBOR FL 34684 - 1727 CLEARWATER FL 33767 - 2061
HILDEBRANDT, MARK TRE MINA, GEORGE I ZIUSCH, BARBARA L TRE
33 OLD LAKE RD M1NA, AMAL A 11 SAN MARCO ST # 708
HAWTHORN WOODS IL 60047- 4783 EDGE PARK DR CLEARWATER FL 33767 - 2061
8018 OLDSMAR FL 34677 - 4845
MAJEWSKI, DENISE M TRE MANDALA Y 802 KER, G CAMERON
SCHNEIDER, CHRISTINE J PO BOX 120 KER, LISA A
43 LAKE ADAL YN DR S BLOOMINGDALE IL 60108 - 0120 2426 BUTTERNUT CT
SOUTH BARRINGTON IL 60010 - DUNEDIN FL 34698 - 2252
9542
GREENBERG, ROBYN B KA1ZER, JEFFREY R KOKOMO PROPERTIES LLC
1306 PRESERVATION WAY KAIZER, LISA B 657 SOUNDVIEW DR
OLDSMAR FL 34677 - 4824 3303 LEGAL CREST DR PALM HARBOR FL 34683 -
LONGWOOD FL 32779 -
ALIDINA, ARIF A FISHER, PAMELA DENTICE, JOSEPH F TRE
ALIDINA, NOORA FISHER, NELSON J DENTICE, ELLEN LIRE
11 SAN MARCO ST # 807 817 BUNKER VIEW DR 5053 LAKEVIEW CT
CLEARWATER FL 33767 - 2062 APOLLO BEACH FL 33572 - 2812 OCONOMOWOC WI 53066-
KLEINBERG, MIL TON M AXEL, JONATHAN P TRE EPSTEIN, jOEL
KLEINBERG, MARSHA A AXEL, CORAL S TRE EPSTEIN, DIANE A
6034 COUNTRY CLUB OAKS PL 5201 LAUREL POINT RD 40 DEERPATH CT
OMAHA NE 68152 - 2009 V ALRICO FL 33594 - 8280 OLDSMAR FL 34677 - 2054
CRANOR, DA V1D K PAULL, DENNIS M CORE, CHRIS W
CRANOR, TOW ANA K PAULL, DIANE P 124 CHARTWELL
18142 LONGW A TER RUN DR 10104 RADCLIFFE DR BEACONSFIELD QC H9W lC3
TAMPA FL 33647 - 2211 TAMPA FL 33626 - 2512 00030 -
CANADA
ALONSO, ARMANDO GRANT, ERIC BARYLAK, EDWARD j
ALONSO, SHARON 1004 ROY AL PASS RD BARYLAK, CHRYSTINA
36007 LAKE UNITY NURSERY TAMPA FL 33602 - 5708 3132 BRANCH RIVER RD
RD MANITOWOC WI 54220 - 8717
FRUITLAND PARK FL 34731 -
- -
LOCKETT, THERESA TAYLOR, DAVID R BA UER, CHARLES L
11 SAN MARCO ST # 1003 W ALTERS, JAMES BAUER, JANET W
CLEARWATER FL 33767 - 2062 11 SAN MARCO ST # 1004 11 SAN MARCO ST # 1005
CLEARWATER FL 33767 - 2062 CLEARWATER FL 33767 - 2062
MILLINGTON, CHARLES J SAID, NADER SOTEREANOS, STELLA
MILLINGTON, mLIA B SAID, HALA SOTEREANOS, STACEY
11 SAN MARCO ST # 1006 11 SAN MARCO ST # 1007 307 S DITHRIDGE # 808
CLEARWATER FL 33767 - 2062 CLEARWATER FL 33767 - 2069 PITTSBURGH PA 15213 - 3519
GREEN, RICHARD JR PECORARO, ERNEST A CRANOR, DA vrD K
GREEN, KAREN M PECORARO, NYDIA CRANOR, TOW ANA K
110 SAN MARCO ST # 1101 11 SANMARCOST# 112 18142 LONGWATER RUN DR
CLEARWATER FL 33767- CLEARWATER FL 33767- TAMPA FL 33647-
SOBOTKA, JOSEPH J SPARKS, SUSAN M CRUDELE, MICHAEL J
SOBOTKA, SYLVIA R 11 SANMARCO ST N # 1105 CRUDELE, SHIELA M
52 THOROUGHBRED DR CLEARWATER FL 33767 - 2069 1516 FOX HILL PL
HOLLAND P A 18966 - 2570 V ALRICO FL 33594 - 4021
PERNICE, SALVA TORE J HALE, CAROLYN SMITH SMITH, MERLE W
PERNICE, BARBARA F FIELDS, ELIZABETH SMITH SMITH, DIANA T
3 N 614 CENTRAL CT 1107 CONCORD 8T 11 SAN MARCO ST # 1201
ADDISONIL60101- CHATTANOOGA TN 37405- CLEARWATER FL 33767 - 2069
SAMPSON, THOMAS A ANDERSEN, LARRYE NOVICKY, STEVEN D
SAMPSON, CAROLYN L 2156 BASSWOOD DR NOVICKY, KlMBERL Y M
11 SAN MARCO ST # 1202 LAP A YETTE HILL P A 19444- 5850 DEER SPRING RUN
CLEARWATER FL 33767- 2328 CANFlELD OR 44406 -
CUNNINGHAM, TODD W SERAG, SHERIF KNOWLTON, JOHN P TRE
9703 RHAPSODY DR LEWIS-SERAG, MARA KNOWLTON, CATHIE L TRE
VIENNA VA 22181 - 11 SAN MARCO ST # 1206 W180 N8217 DESTTNY DR
CLEARW A TER FL 33767 - 2075 MENOMONEE FALLS WI 53051-
3503
P APP AS, PETER C NOVOGRATZ, JOSEPH BEHESHTI, AU
225 ROBINSON ST # 540 7667 EQUITABLE DR BEHESHTI, T ARAN EH
ORLANDO FL 32801 - 4321 EDEN PRARIE MN 55344 - 3696 11 SAN MARCO ST # 1402
CLEARW A TER FL 33767 - 2075
MARCO, SAN TRUST KARTES, BOB GAREL-JONES, PHILIP TRE
CHASE, WALTER W BEN KARTES, MARIA GAREL-JONES, BEATA TRE
11 SAN MARCO ST # 1405 11 SAN MARCO ST # 1406 120 LANSDOWNE RD S
CLEARWATER FL 33767- CLEAR WATER FL 33767 - 2075 OTTAWA ON K1M ON4 00030-
CANADA
CRYSTAL CLEAR CHRISTOPHER, TODD C SMITH, DONALD F TRE
ENTERPRISES CHRISTOPHER, WANDA SMITH, MARY H TRE
BOSQUE DE REFORMA # 831 11 SAN MARCO ST # 1505 11 SAN MARCO ST # 1506
DOSQUES DE LAS LOMAS CLEARWATERFL 33767 - 2075 CLEARWATER FL 33767 - 2075
MEXICO CITY 00002-
- ----- - ~
VITO LA, JOHN R ROSCOE, GREGORY J KEIR, LEONARD
VITO LA, GEORGINE A ROSCOE, LINDA L KEIR, BERNTRUD
218 S BROAD ST PO BOX 308 11 SAN MARCO ST # 1605
BROOKSVILLE FL 34601 - 2832 DUBOIS PA 15801 - CLEARW A TER FL 33767 - 2076
TSANGARIS, WILMA B STENBERG, ANDREW CLEARWATER REAL EST A TE
TSANGARIS, NICHOLAS to PAPAYA ST # 301 HLDGS
11 SAN MARCO ST # 1606 CLEAR WATER FL 33767 - 2040 PO BOX 14184
CLEARWATER FL 33767 ~ 2076 TAMPA FL 33690 - 4184
BAUER, CHARLES LPROPLTD LATCH TRUST MAROTTOLI, ANTHONY
6106 WADE ST 43 CLOUD VIEW RD lOP AP A Y A ST # 306
LEESBURG FL 34748 - 8099 SAUSALlTO CA 94965 - 2006 CLEARWATER FL 33767 - 2040
JOHNSON 2003 LIV TRUST
JOHNSON, GEORGE A TRE
10 PAPAYA ST # 401
CLEARWATER FL 33767-
DIORIO, RONALD L
DIORIO, SANDRA R
3944 NORTH FIELD DR
BELLBROOK OH 45305 - 8802
GRIECO, DANIEL J II
GRIECO, DIANE Y
10 PAPAYA ST #404
CLEARWATER FL 33767 - 2040
DORSCH, DANIEL J
DORSCH, CYNTHIA P
6326 W MACLAURIN DR
TAMPA FL 33647 - 1163
HANNA, ASHRAF F
HANNA, MIRANDA Z
3509 SHORELINE crR
PALM HARBOR FL 34684 - 1727
GRUBER, CRAIG M
10 PAPAYA ST APT 502
CLEARWATER FL 33767 - 2040
SCHAEFER, RANDY TRE
3225 S MACDILL AVE # 268
TAMPA FL 33629 - 8171
SHIVERS, EDWARD T
SHIVERS, HAZEL E
lOP AP A Y A ST # 505
CLEARWATER FL 33767 - 2040
BOULTON, CARLOS A
BOULTON, ANN-MARIE
15 KELL YS TRL
OLDSMAR FL 34677 - 1919
MENKE DEV
1053 ST GREGORY ST
CINCINNATI OH 45202 - 1733
RUKAVINA, JAMES
RUKA VINA, D1ANNE
BOX 6448
EDSON AB T7E 1 T8 00030-
CANADA
AUGUSTINE, RICHARD J
999 PLAZA DR STE III
SCHAUMBERG IL 60173 - 5403
DOWNS, JANE SZAREK, LENARD JOHNSON, ROBERT
50 JONATHAN DR SZAREK, CHRISTINE 10 PAPAYA ST # 603
NEW ULM MN 56073 - 3343 907 ROLLING LN CLEARWATER FL 33767 - 2040
JOHNSBURG IL 60051 - 9676
WILSON, CHRISTINE CHRISTOLINI, CHARLES JR GENDRON, JOHN R
DEFERRARI CHRISTOLINI, DARLENE E 10 PAPAYA ST # 606
WILSON, MARK A 1759 MOREY RD CLEAR WATER FL 33767 -
136 HARBOR DR SHELDON VT 05483 - 8343
PALM HARBOR FL 34683 - 5403
BIENSTOCK, JOSEPH S TOUCHTON, W ALTER W TRE KOTCHMAN, CASEY J TRE
BIENSTOCK, PHYLLIS TOUCHTON, JO ANN H TRE 8442 125TH CT
10 PAPAYA ST # 701 lOP AP A Y A ST # 702 SEMINOLE FL 33776 -
CLEARWATER FL 33767 - 2054 CLEARWATER FL 33767 - 2054
HILL, ANNE M TRE GILBERT, DONNA J COX, THOMAS 0
2510 S DUNDEE ST GILBERT, HAROLD E COX, SHARON K
TAMPA FL 33629 - 6411 10 PAPAYA ST # 705 10 PAPAYA ST #706
CLEARWATER FL 33767 - 2068 CLEAR WATER FL 33767 - 2068
ROWLAND, CLARENCE E III ROSSDALE MGMT INC CHALAVARYA, GOPAL
2112 WATERS AVE 120 LANSDOWNE RD S CHALAVARYA,SADHNA
TAMPA FL 33604 - 2748 OTTAWA ON K1M ON4 00030- 1510 JASMINE AVE
CANADA TARPON SPRINGS FL 34689 -
5242
COLLINS, WALTER W BAIR, TED J COLLETTE, JAMES A
9813 COMPASS POINT WAY 235 WINDW ARD PSGE VAUSE, ROBERT W
TAMPA FL 33615 - 4218 CLEARWATER FL 33767- 10 PAPAYA ST # 806
CLEARWATER FL 33767 - 2068
WARD, MICHAEL S KAESTNER, JOHN T PARADES, ANTONIO M
WARD, GISELLE V KAESTNER, JOANN M 10 PAPAYA ST # 903
407 S ROYAL PALM WAY 777 CARMAN MEADOWS DR CLEARW A TER FL 33767 - 2055
TAMPA FL 33609 - 3728 BALLWIN MO 63021 -7174
DA VIS, DEXTER C REINHARDT, MARK HANNA, VICTORIA
ALEXANDER-DAVIS, LISA REINHARDT, CONNIE K HANNA, A TIF
5806 GALLEON WAY N3080 MEADE ST 29W 471 SUNS ET RIDGE RD
TAMPA FL 33615 - 3634 APPLETON WI 54913 - 9571 BARTLETT IL 60103 -
W ANDACHOWICZ, BOGDAN GONZALEZ, EDWARD FERRELL, CLIFFORD N
10PAPAYAST# 1001 GONZALEZ, MARITZA FERRELL, ROSEMARIE A
CLEARWATER FL 33767 - 2055 9400 LAWS RD 2328 COLGATE DR
CLERMONT FL 347 14 - 9262 FAYETTEVILLE NC 28304 -
FLORIN, WOLFGANG M HYDUK, RANDY POWELL, BARBARA J
FLORIN, SUSAN HYDUK, APRIL 5401 SA YSHORE BLVD # P
1883 LEXINGTON PL 20539 COUNTRYS1DE DR TAMPA FL 33611 - 4137
TARPON SPRINGS FL 34688 - MACOMB Ml48044 ~ 3589
4965
MUDD, JAMES A
MUDD, CECEUA K
6919 CHANCELLOR DR
CEDAR FALLS IA 50613 - 6956
RECEVEUR, RONALD L
6012 REGAL SPRINGS DR
LOUISVILLE KY 40205 - 3319
ELSAKR, ASHRAF
ELSAKR, MONA
808 SMOKERISE BLVD
PORT ORANGE FL 32127 -7783
RIGBY, GREGORY S
RIGBY, CAROLE J
124 OWASCO ST
AUBURN NY 13021 - 4114
COMPTON, HAROLD F SR
COMPTON, VICKI L
5712 SANDALWOOD DR
PLANO TX 75093-
TURLEY, STEWART
TURLEY, LINDA A
10 PAPAYA ST # 1504
CLEARWATER FL 33767 - 2057
SUN HARBOR CONDO ASSN
INC
479 E SHORE DR APT 6
CLEARWATER FL 33767 - 2039
CITRUS COUNTY
INVESTMENTS INC
905 DELA WARE ST
SAFETY HARBOR FL 34695-
3840
GUIRGUIS, SAID N
GUIRGUIS, MINERVA J
202 MONTFORD HALL
CARY NC 27519 - 9412
Coral Resort Condominium
483 East Shore Dr
Clearwater. FL 33767
O'HANLEN, PETER
O'HANLEN, TERRIE
10 PAPAYA ST #1102
CLEARWATER FL 33767 - 2056
J & M PROP APOLLO BEACH
907 BUNKER VIEW DR
APOLLO BEACH FL 33572 - 2813
YOF AN, ABRAHAM REAL
EST A TE TRU
YOFAN, AVI TRE
10 PAPAYA ST # 1202
CLEARWATER FL 33767 - 2056
ZAMANI, SAM S
FEIZIPOUR, MAHV ASH
1957 LOGAN MANOR DR
RESTON VA 20190 - 3276
ENGEBRETSEN, ARDEN B
ENGEBRETSEN, ELEANORE A
10 PAPAYA ST # 1404
CLEARWATER FL 33767 - 2058
AJA Y ENDEAVORS INC
12190 CONTEL BLVD
BROOKVILLE FL 34613-
JOHNSON, WILLIAM L
479 EAST SHORE DR # 1
CLEARWATER FL 33767 - 2039
TILLY, CARL H
TILL Y, JILL E
436 COUNTRY CLUB RD
BELLEAIR FL 33756 - 1005
FULTON HOMES INC
70 GIBSON DR UNIT 13
MARKHAM ON L3R 4C2 00030-
CANADA
Clearwater Beach ASSOCiation
Jay Keyes
100 Devon Dr
Clearwater, FL 33767
BURGESS, PATRICIA M
GRIMM, THOMAS L
3234 N 7TH ST
W AUSAU WI 54403 - 3007
ANGELOCCI, RANDY
CROSSLAND, RICHARD
10 PAPAYA ST # 1106
CLEARWATER FL 33767 - 2056
PAPAYA TRUST
11 SAN MARCO ST # 1405
CLEARWATER FL 33767 -
PETERS, MICHAEL L
PETERS, STEPHANIE S
3 JESSIE DR
BINGHAMTON NY 13901 - 6019
MOLLER, ANDREW K
12175 OXBOW DR
EDEN PRAIRIE MN 55347 - 4261
EGAN, LYNNE A
10 PAPAYA ST # 1604
CLEARWATER FL 33767 - 2057
LAWSON, PETER S
479 EAST SHORE DR # 2
CLEARWATER FL 33767 - 2039
TILLY, MARK A
DEL ROSE, MARYELLEN
266 LYNDHURST ST
DUNEDIN FL 34698 - 7578
CHIA V A TTI DEVELOPMENT
INC
7725 BIRCHMOUNT RD # 37
UNIONVILLE ON L3R 9X3 00030
Clearwater Neighborhoods Coalition
Doug Williams, PreSident
2544 FriSCO Dr
Clearwater, FL 33761
",00
,-
Check list for COB Aaenda & Application sent to
Citv Clerks Office
FLD2004-09072
483 Mandala v Avenue
ApplicatIon Form
Parcel IdentificatIOn Numbers
COpy of 400 sca e InQ Atlas with property outlined and 500' radius
hand drawn from outSide penmter of site
,
Sherry Watkins t\.-\>
ra-\J
INITIALS
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FLD2004-09072
483 MANDALA Y AVE
Date Received: 09/29/2004
PELICAN WALK GARAGE AND CONDOS
ZONING DISTRICT: T
LAND USE: RFH
ATLAS PAGE: 267A
PLANNER OF RECORD: MHR
C L W CoverSheet
~, ClearWater
Planning Oepa 1t
100 South Myrtle Avenue
Clearwater Floflda 33756
relepholle 727-562-4567
Fax 727-562-4865
CASE #
DA TE F\ ,'VED
RECEIVE:u BY (staff initials)
ATLAS PAGE #
ZONING DISTRICT
LAND USE CLASSIFICATION
SURROUNDING USES OF ADJACENT
PROPERTIES
NORTH
SOUTH
WEST
EAST
- "---"-:-'-'''.~.-''.../-~''-''~
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SUBMIT ORIGINAL SIGNED AND NOTARIZED APPLlCA1ION
o
S U BM IT 14 COPT ES 0 F TH E ORIG I NAL APPLI CA 11 ON Illel udlng
1) Collated 2) stapled and 3) folded sels of SITe plalls
SUBMIT APPLICATION FEE $ 1 z~
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o
* NOTE 15 TOTAL SETS OF INFORMATION REQUIRED (APPLICATIONS PLUS SITE PLANS SETS)
FLEXIBLE DEVELOPMENT APPLICATION
ComprehensIVe InfilI Redevelopment ProJed (Revlsed 10-10-2003)
~PLEASE TYPE OR PRINT ~ use addJl1Ona] sheets as necessary
A APPLICANT, PROPERTY OWNER AND AGENT INFORMATION (Section 4-202 A)
APPLICANT NAME BJE,INC
MAl LI NG ADDRESS 630 S G UlFVIEW BLVD, C LEARW A TER, FL 33767
E-MAIL ADDRESS
PHONE NUMBER 727-504-2404
CELL NUMBER
FAX NUMBER 727-461-9300
PROPERTY OWNER (5) BJE, rNC
AGENT NAME (S) KEITH ZAYAC & ASSOC
MAILING ADDRESS 701 ENTERPRISE ROAD EAST, SAFETY HARBOR, 34695
E-MAIL ADDRESS KEITH @KEITHZAYAC COM
PHONE NUMBER 727-793-9888
CELL NUMBER
FAX NUMBER 727-793-9855
B PROPOSED DEVELOPMENT INFORMATION: (Code Section 4-202 A)
STREET ADDRESS of subject site 483 MANDAlAY AVENUE
LEGAL DESCRIPTION
SEE ATTACHED LEGAL DESCRIPTION
PARCEL NUM8ER
08 1 29- 115) _1643ALOQ1 { 0020
PARCEL SIZE 1 685 ACRES - 73,379 S F
(Acres, square feet)
PROPOSED USE AND SIZE PARKING GARAGE & 28 CONDOMINIUMS ON-TOP EXISTING RETAil
(Number of dwelling Units holel rooms or square foolage of nonresldenllal use)
DESCRIPTION OF REQUEST (S) SEe ATTACHMENT "A"
Attach sheets and be speCific when Identllymg the requesl (Include all requested code deviations e 9 reduction m required numbe' Of
park,ng spaces speCific use elc)
Page 1 of 7 - FleXible Development Appllca\lol"'l - Comprehemllve Infill Redevelopment ProJecl- City of Clearwater
DOES TH)S A'""'PLlCATION INVOLVE THE TRA'
DE'0ELOPMENT OR A PREVIOUSLY APPRO\
~"'R OF DEVELOPMENT RIGHTS (TOR), A PREVI- ~I_Y APPROVED PLANNED UNIT
'::ER1IFIED) SITE PLAN? YES NO X (If yes h a copy of the applicable documert!s)
C PROOF OF OWNERSHIP (Section 4-202 A)
,."~L SUBMIT A COPY OF THE rlTlE INSURANCE POLICY DEED TO THE PROPERTY OR SIGN AFFIOAVI r ArrESTING OWNERSHIP (see
page 6)
D WRITTEN SUBMITTAL REQUIREMENTS (Section 3-913 A)
r Provide complete resportses to the SIX (6) GENERAL APPLICABILITY CRITERIA - Explam how each criteria IS achieved In detail
The proposed developmert! of the land will be In harmony with the sea Ie, bulk, coverage, denSity and cha racter of adjacent properties In
which It IS located
SEE ATTACHMENT "B"
2 fhe proposed development WIll not hinder or discourage the appropriate development and use of adJacent land and bUildings or slgnlflcanlly
Impair Ihe value thereof
SEE ATTACHMENT "B"
3 The proposed development Will not adversely affect the health or safety or persons residing or workmg m the neighborhood of the proposed
use
SEE ATTACHMENT "B"
4 The proposed development IS deSigned to mlfllrnlze traffic congestion
SEE ATTACHMENT "B"
5 The proposed development IS consistent With the community character of the Immediate VIClfllty of the parcel proposed for development
SEE ATTACHMENT "B"
6 The deSign of the proposed development minimizes adverse effects, mcludmg visual, acoustic and olfactory and hours of operation Impacts,
on a.9JaCent properties
SEE ATTACHMENT "B"
~
ProVide complete responses to the ten (10) COMPREHENSIVE INFILL REDEVELOPMENT PROJECT CR!TERIA (as applicable) - Explain
how each c.r!te!11US acbleved m get.;J11
n1j~-deYeJopmeJ11-pr redevelopment pf-th!'l paJC!'l1 proposed-for-deyelopm_ent-l$ otheJwlse'Jmpractlcal "",lthouJ devlatlons-f~om-lhe J.lse, mtenslty
and development standards
SEE ATTACHMENT ~C"
Page 2 of 7 - FleXible Development Application - ComprehenSive Infill Redevelopment PrOJect- City of Clearwater
2.
rile dev::lopment of the parcel proposed
reduce the lair market value of abuttlrlg
Improvements)
>velopment as a comprehensive Irlflll redevelopfl'
,Jertles (Include the eXlstlrlg value of the site al
oJect or resldentla I mfili proj ect will not
e proposed value of tile site With the
SEE ATTACHMENT "C"
3 The uses within the comprehenSive mllll redevelopment prolect are otherwise permitted In lhe City of Clear.vater
SEE ATTACHMENT "C"
4 The uses or mix of use wlthm Ihe comprehensive Irlfill redevelopment project are compatible with adjacent land uses
SEE ATTACHMENT "C"
5 SUitable sites for development or redevelopment of the uses or miX ot uses within the comprehenSive Infill redevelopment project are not
other.vlse available In the City of Clearwater
SEE ATTACHMENT ~C"
6 The development of Ihe parcel proposed for development, as a comprehenSive Inflll redevelopment project will upgrade the Immediate VIClrllty
of the pa reel proposed for sevelopment
SEE ATTACHMENT "C"
7 The deSign of the proposed comprehensive InM redevelopment project creates a form and function that enhances the community character ot
the Immediate VIClnlty of the parcel proposed for development and the Clly of Clearwater as a whole
SEE ATTACHMENT uC"
8 FleXibility Irl regard to lot Width, reqUired setbacks height and off-street parklrlg are Justified by the benefits to community character and Ihe
Immediate VICinity of the parcel proposed for development and Ihe City of Clearwater as a whole
SEE ATTACHMENT "C"
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 on-street parking In the immediate VICinity of parcel proposed for development
SEE ATTACHMENT "Cu
1 0 The deSIgn of all bUIldings complies With the TOUrist District or Downtown Dlstnct deSign guidelines In DIVISion 5 0/ Article 3 (as applicable)
Use separate sheets as necessary
SEE Aff-ACHMENT"C"
Page 3 of 7 - FleXible Development Application ComprehenSive In/III Redevelopment ProJect- City of Clearwaler
i4
E
SUPPLEMENTAL SUBMITTAL KF"I)IREMENTS (Code Section 4-202 A)
p
~
SIGNED AND SEALED SURVEY (Including legal descnpllon of property) - One anginal and 14 COpieS,
TREE SURVEY (mcludlllg eXisting trees on sIte and within 25 of the adjacent site, by speCies, size (DBH 4" or greater) and location
locludlng drip llIles and lodlcatrng Irees to be removed) - please deSign around the eXlsllng trees,
Q
i
o
LOCATION MAP OF THE PROPERTY,
PARKING DEMAND STUDY In conJuncllon with a request to make devlallons to the parking standards (I e Reduce number of spdces) PrIOr 10
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 engmeerrng principles The findings of the study Will be used rn determrnlng whether or not deViations to the
parkmg standards are approved
GRADING PLAN, as applicable
o
PRELIMINARY PLAT, as required (Note Buildrng permits Will not be Issued until eVidence of lecordrng a final plat IS provided)
o
COPY OF RECORDED PLAT as applicable,
~
l!-
F
SITE PLAN SUBMITTAL REQUIREMENTS. (Section 4-202 A)
alJ
,
SITE PLAN With Ihe follOWing mformahon (nol to exceed 24" X 36")
All dimenSions
North arrow
Englneenng bar scale (minimum scale one IIlch equals 50 feet), and date prepared,
Location map
Index sheet referencmg mdlvldual sheets Included In pack.age,
Footprint and size of all EXISTING bUildings and structures
Footprint and size of all PROPOSED bUlldlllgs and structures,
Include floor plates on multi-story bUildings,
All required setbacks,
All eXisting and proposed pomls of access,
All reqUired Sight tnangles
Identification of environmentally ufllque areas, such as watercourses, weliands, tree masses, and specimen
trees, Includmg descrrptlon and location of understory, ground cover vegetatIOn and Wildlife habitats, etc,
Location of all public and pnvate easements,
Location of all street flghts-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 11ft stations gas
and water lines, (* Note Per Section 3-911, all utilities shall be located/relocated underground)
All parking spaces, dnveways, loading areas and vehicular use areas, Includmg handicapped spaces,
Depiction by shadmg or crosshatching of aU reqUired parking lotlnlenor landscaped areas,
Location of alt solid waste contamers, recycling or Irash handling areas and outside mechafllcal equipment and all reqUired screefllng {per
Section 3-201 (0)(1) and Index #701}
Location of ai/landscape material,
locallon of all JUrisdictional lines adjacent to wetlands
location of all on sIte and off site storm-water management faCilities
Locallon of all outdoor lighting fixtures, and
Location of all eXlstmg and proposed Sidewalks
SITE DATA TABLE for eXlstmg, reqUired, and proposed development, III wntten/tabularform
land area III square feet and acres,
Number of EXISTING dwelling units,
Number of PROPOSED dwelling umts,
Gross floor area devoted to each use,
Parkmg spaces total number, presented In tabu lar 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 materrat
9ffLcI9Il~cords book and-pag~-numb.!lfs of all eXisting utility easement,
BlJlldmg and structure heights,
- Impermeable .surface raiio-(I-S R f and - . --
Floor area ratio (F A R ) for all nonresidential uses
FOR DEVELOPMENTS OVER ONE ACRE, prOVide the followmg addltlOnallllformatlon on site plan
One-foot contours or spot elevations on Site,
Offslte elevations If reqUired to evaluate lhe proposed stonnwater management for the parcel,
All open space areas
Location of all earth or water relalfllflg walls and earth berms,
Lot lines and bUildlflg lines (dimensioned),
Streets and drives (dimensioned)
BUltdmg and structural setbacks (dimensioned)
Strucluraloverhangs,
Tree Inventory prepared by a "certified arborlst", of all trees 8" DBH or greater, reflecting Size, canopy (drip lines) and condition of such trees
Page 4 of 7 - FleXible Developmenl Application - ComprehenSive Inflll Redevelopment PrOJect- City Of Clearwater
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G, ,LANDSCAPING PLAN SUBMITTP 'EQUIREMENTS (Section 4-1102 A)
LANDSCAPE PLAN
All eXisting and proposed struclures,
Names of abultlng streets
Dramage and retention areas mcludmg swales, side slopes and bottom elevations,
Dellfleatlon and dimensions of all required penmeter landscape buffers
Sight 'JISlblllty tnangles
DelineatIOn and dimenSions of all parkmg areas Includlflq landscaping Islands and curbing
Proposed and required parking spaces
EXISllflg trees on-site and Immediately adjacent to the site by speCies, size and locations, Iflcludmg drlphne (as Ind]cated on
required tree survey)
Plant schedule with a key (symbol or label) Indicating the size description, speCifications and quantities of all eXistmg and proposed
landscape maleflals, including botanical and common names
Locallon size and quantities of all eXlstrng and proposed landscape mateflals, md]cated by a key relating 10 the plant schedule,
Typical planting details for trees, palms, shrubs and ground cover plants including instructions so]1 mIxes backfilling, mulching and
protective measures,
Intenor landscapmg areas hatched and/or shaded and labeled and IIlterror landscape coverage, expressing In both square feet and
percentage covered
CondItions of a prevIOus development approval (e 9 condlllons Imposed by the Community Development Board),
Irrigation notes
REDUCED LANDSCAPE PLAN to scale (8 Yo X 11), In color
IRRIGATION PLAN (reqUired for Level Two and Three applicatIons)
COMPREHENSIVE LANDSCAPE PROGRAM application as applicable
H. STORMWATER PLAN SUBMITTAL REQUIREMENTS (City of Clearwater DeSIgn Cnteria Manual and
4-202 A 21)
o STORMWA TER PLAN mcludlng the follOWing reqwements (~\? Tl+-k::~"'"
EXisting topography extendmg 50 feet beyond all property lines, - )
Proposed grading IIlcludlng fllllshed floor eIevallons of all structures,
All adjacent streets and munlclp-",J storm systems,
Proposed stormwater detentlonlretentron area Includlllg top of bank toe of slope and oullet control structure,
Stormwater calculations for attenuation and water Quality
Signature of FlOrida registered ProfeSSional Engineer on all ptans and calculations
jl COpy OF PERMIT lNQUIRY LETTER DR SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT (SWFWMD) PERMIT SUBMJTIAL
(SWFWMD approval IS reqUired pnor to Issuance of CIty BUilding Permit), If apphcable
o COpy OF STATE AND COUNTY STORMWATER SYSTEM TIE-IN PERMIT APPLICATIONS, if applicable
.~
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BUILDING ,ELEVATJON PLAN SUBMITTAL REQUIREMENTS (Section 4~202_A.23)
ReqUired III the event Ihe appllcallon IIlcludes a development where des!gn standards are III issue (e g TOUrist and Downtown Dlstrrcts) or as part
of a ComprehenSive Infill Redevelopment Project or a Resldentlallnfill Project
BUILDING ELEVATION DRAWINGS ~ all Sides of all bUlldlllgs IIlcludlng heIght dimenSions colors and mateflals
REDUCED BUILDING ELEVATIONS - four Sides of bUIlding With colors and materials to scale (8 Yo X 11) (black and white and color rendering, If
pOSSible) as reqUired
J SIGNAGE (DIVISion 19 SIGNS I Section 3-1806) {<?6?lr~J1'l"E '7 ~ I f17\z-
o All EXISTING freestanding and attached signs, PrOVide photographs and dimensions (area, height, etc) IIldlcale whether they Will be removed or
to remaIn
o All PROPOSED freestandlllg and attached signs PrOVide details mcludlllg location Size, height, colors, matenals and drawlIlg freestandlllg signs
shall Iflclude the street address (numerals)
o ComprehenSive Sign Program application, as applicable (separate application and fee reqUired)
o Reduced slgnage proposal (8 Yo X 11) (color), If submitting ComprehenSive Sign Program application
Page 5 of 7 - FleXible Development Application - ComprehenSive Infill Redevelopment ProJect- City of Clearv.rater
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K TRAFFIC IMPACT 8 TUOY: (atdion ....202.A.13 and ~1 Cl
o Include lIll roqulred If pl"opoucI....1r;Jprnent wlM ~1'IdtI1h6 ..x.~ '-WlI of prvIce for Itly rradwllr u adoP*lln tt,. Compreheru.1w PIIln
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L. SIGNATURE:
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IlMlOI'In CIty ~ kl 'oW aNI ~aptt ~ propfII'tr
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ST.6.TE OF ~ COUNTY Of I"lNElJ..AI Q t-~
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pI\lClUOId ~. A. 0 . ~M.. ~,y :;:.~~
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;.;'J.) My ConvrNaslonDOf14M
0,,,, ElcpIres Decemller 28 200lI
P9 e ot1- F..... P8.lIl~..lt~ - ~ lnlIl ~ Proj8Cl-CII) of CI.V' ~
ATTACHMENT A
DESCRIPTION OF REQUESTS
· ReductIOn of the front setback along POll1settJa from 25 feet to 5 feet
· ReductIOn of side sctba(,ks from 10 feet to 0 feet
· Incredse In heIght from 50 feet to 92'-10" above FEMA
ATTACHMENT B
WRITTEN SUBMITTAL REQUIREMENTS
1 Beach By Design speCifIcally references this proposed parking garage
as a much-needed component of the surrounding north beach area
The eXisting parking lot on this site contains a minimal amount of
parkIng spaces and does not adequately serve the Pelican Walk
ShoppIng Center let alone the surrounding area The proposed
garage wrll provide more than enough parking for the shopping center
and condominiums as well as providing parkrng for the surrounding
community The design of the structure Will be In harmony WIth the
eXisting shopping center and landscaping Will be provided where little
to none eXists at this time Proposed setback of the garage are
consistent With the surrounding development
2 The proposed development WIll not hinder or dIscourage development
and use of adjacent propertIes The proposed garage Will prOVide
additional public parking to facilitate the redevelopment of the
surrounding properties
3 The proposed development WIll not adversely affect the health or
safety of person In the neighborhood The garage Will decrease traffic
congestion of resIdents and tOUrists looking for parking In the north
beach area
4 The proposed design Will help to minimize traffiC congestion by
providing off-street parking In an area where little available parking
eXists
5 The proposed development IS consistent With the commumty
character of the Immediate VICinity and IS speCifically called out as
needed In Beach By Design
6 The proposed condomlmum and garage project WIll provIde an Interior
parking option that Will decrease the Visual and acoustic Impact of vehicles
to the surrounding area The hours of operatIon of the eXIsting retarl are
consistent With the surrounding tounst dIstrict
ATTACHMENT C
COMPREHENSIVE INFILL REDEVELOPMENT PROJECT CRITERIA
1 The Proposed development IS otherwise ImpractIcal wIthout the
requested devIations to required setbacks and height In order
to provide adequate parking for the shoppIng center,
condominiums and public parking for the surrounding
community The reduction In setback allows the project to
maximize the garage area provIding addItional public pa'rklng
2 The proposed parkmg garage will not reduce the fair market
value of abuttmg properties According to the Plnellas County
Property Appraisers office, the eXlstmg market value of the site
IS well over $3,000,000 00 With the proposed Improvements to
the Site, the property IS estimated to be worth over
$20,000,00000 In addItion, the public parking will Increase
the value of the adjacent properties
3 Attached dwellings, parking garages and retail centers are
permItted uses With the TOUrist zOning dlstnct as well as the
City Of Clearwater
4 The proposed condominium and parking garage addition are
compatible WIth the surroundIng development, as well as
eXisting land uses Including attached dwellings, restaurants
and retaIl sales
5 Other SUItable sites for the proposed garage are not readily
avaIlable Within the CIty Of Clearwater and especIally Within the
Immediate area Additionally, Beach by DeSign speCifically calls
out for thiS site to be utilized as a parking garage
6 The proposed development will be a slgmficant factor In
upgradmg the surrounding commumty, as very little off-street
parking eXists Within the Immediate VICInity
7 The deSign of the proposed structure proVIdes a functional
parking garage and reSidential dwellings The surrounding
community will be enhanced by the addition of the covered off-
Site parkIng for use by reSidents and tOUrists WIthin the tounst
dlstnct
8 FleXibility In regards to the proposed height and setback are
JustIfied by the amount of parking being prOVIded for an area
that suffers from lack of available parking
9 The project exceeds the requrred parking spaces reqUired for
the shopping center and condominium project
COMIEHENSIVE INFILL PROJECT CP'TERIA
10 The design of all bUlldmgs complies with the desIgn gUldelmes In DIvIsion 5 of ArtIcle 3 The
desIgn of the proposed Hotel Resort complies with the followmg design gUldelmes outlmed m
Beach by desIgn
A Height portIons of any structure which exceeds one hundred feet (100) are spaced at least
one hundred feet apart
N/A
B Between 42 feet and 100 feet the floor plate will be no greater than 25,000 square feet
Floor plates above 42 feet are 28,200 SF not including parking garage
C Between 100 feet and 150 feet the floor plate will be no greater than 10,000 square feet
N/A
DeSign, Scale and Mass of BUIldings
1 BUIldings WIth a footpnnt of greater than 5,000 square feet or a smgle dImenSion of greater than
one hundred (100) square feet wIll be constructed so that no more than two (2) of the three (3)
bUlldmg dImenSIons In the vertIcal ar honzantal planes are equal m length For thIS purpose equal
In length means that the two lengths vaty by less than forty-percent (40%) of the shorter of the two
(2) lengths The honzantal plane measurements relate to the footpnnt of the bulldmg
The eXlstrng bUildIng IS broken by the courtyard along the retail frontage
2 No plane of a bulldmg may contmued umnterrupted for greater than one hundred Imear feet For
the purpose of thiS standard, Interrupted means an offset of greater than 5 feet
Tower elements, paVIlions, decks and terraces break up the fac;:ade of the bUilding
3 At least sIxty-percent (60%) of any elevation will be covered w1fh wmdows or archItectural
decorallon, For the purpose of thIS standard an elevatIOn IS that portIOn of a bUlldmg that IS vls/ble
from a partIcular pomt outside the parcel proposed for development
The eXIsting bUIlding uses extenSIve glass along the retail frontage The proposed parking garage
Includes decorative gnllwork
4 The height and mass of buildings wIll be correlated to (1) the dimensional aspects of the parcel
proposed for development and (2) adjacent public spaces such as streets
The bUilding height IS stair stepped from the proposed parking garage to the proposed
condominIum project over eXisting retail so as not to be located adjacent to the nght of way
5 BUlldmgs may be deSigned for a "vertIcal or honzontal mix of perrmtted uses
The project Includes eXisting retail and restaurants The proposed addItIon Includes attached
dwelling and a parkIng garage
o Setbacks and Stepbacks
1 Rlght- of-ways
The area between the bUlldmg and the nght-of way (edge of pavement as eXlstmg and planned)
should be sufftclently wIde to create a pedestnan-fnendly envIronment The distances from
structures to the edge of the nght-of way should be (1) fIfteen feet (15') along arienals, and (2)
twelve feet (12) along local streets
The dIstance from the face of the parking garage and edge of pavement along POinsettia St
exceeds 12 feet
2 Stepbacks
For buildmgs Over three stones (42 feet) m heIght, portIOns above 42 feet should be set back at
least one floor for every two feet of additIOnal hefght Architectural detaIls that create a "human
scale" may be substJtuted for Side and rear stepbacks .
E Lot Coverage and Open Space
At least twenty-ffve percent (25%) of each parcel proposed for development should be mamtamed
as open landscape or qualIfymg hardscape Open landscape or qualIfymg hardscape means
"1 andscaped areas, plazas and other areas covered with pavers or other decoraffve features, but
does not mclude off-street parkmg areas or roadways
The project Includes extensive plazas In front of the eXisting retaIl areas along With landscaped
open space around the proposed parking garage
F Street-Level Facades
(1) At least sIxty percent (60%) of the street level facades of bUlldmgs used for nonresldenffal
purposes whIch abut a publIc street will be transparent
Decorative grillwork as previously approved by the City proVides transparency through the parking
garage
(3) BUlldmg entrances should be aestheffcally mvltmg and easily Identified.
Entrances Include decorate banding and columns to accentuate entrances
G Parkmg Areas
Entrances to parkmg areas should be clearly marked m order to aVOId confUSIOn
When a parkmg garage abuts a publIc road or other publIc places, It WIll be deSIgned such that the
function of the bUlldmg IS not readJ/y apparent except at points of access or egress
The entrances to the parking garages are clearly VISIble from the adjacent roadways but
complimented by banding and grillwork so as not to look lrke a parking garage
H Slgnage
I' Sidewalks
Sidewalks along arlenals and retail streets should be at least ten feet (10) In width All sidewalks
along artenals and retail streets will be landscaped wtlh palm trees spaced to a maximum of thlrty-
five feet (35) on centers, wtlh "clear gray" of not less than eight feet (8)
The proposed parkrng garage addition IS located along a local road with an eXlstrng 5 ft wide
sidewalk that will be maintained
LEGAL DESCRIPTION
~ot8 2, 3 and 4, and 1/2 of vacated alley way abuttlng said
lots to tne weetr in Block "A" per the RE-PLAT OE' BLOCK "A"
AND LOTS 1 TO 15 INCL. BLOCK "B" OF CLEARWATER BEACH PARK
FIRST ADD I TION, :recorded ill Plat Book 21 e. t Page 21 r of the
Public Records P~nellas Cou.nty, Florlda, (Note: said
property formerly being descTJ.bed. ~s Lota 2, 3 and 4 and
1/2 a:: vacated alley \yay abutt.1ng sald lots to the WSflt,
Block "B" aT the FIRST ADDITION TO CLEARWATER BEACH PARK,
recorded in Plat Book 15 at Page 80.)
Lote 34 through 43 LESS the Southerl.y 10 feet of Lot 34(
together wlth l./2 of vacated a.lley way abu.tting Baid lots
to the East, Block Br FIRST ADDITION ';['0 CLE./\RWATER BE1I.CH'
PARK, "'8 recorded 1.n Plat Book ~ 5 at page 80 r Publ~c
Records In and for P~nella8 County, ~lorida;
'1'OGE'J:'RER WITH
Lot 5 rand. 1./2 of vacated a.l1ey way abu.tting 8a~d lot to
the West, in Block "A II per the RE-Pr.A'l' OF BLOCK "A" JrnD
LOTS 1 TO lS INCL. BLOCK "B". OF CLEARWATER BEACH PARR: FIRST
JI..Dn-!T'ION, as recorded .1.n Plat Book 21 f'l L. :?iiqa ? l. Pub.! l.C
Records, Pinel1as County r Florida. (Note: said property
formerly belng deBcr~bed as Lot 5 and 1/2 of vacated alley
way abutting eeicl lot to the West, Block "13" of the FIR9(r
ADDITION TO CLEARWATER BEACH PlLnKr recorded in Plat Book lS
at Page 80.)
Lots 6, 7 I Band 1/2 o;f vt\.ca ted all ey way abutting Baid
loto. to the We8 t r in Block "A" per the RE -P1..A T OF BLOCK ~ A"
AND LOTS 1 'X'o 15 INCL BLOCK "B " OF CLEARWATER BEACH PARK
FIRST ADDITION r a s record ed in J? La t Book --21 at Pl\ge 21 r
pu.bllC Records I P~nellaB county r Florlda. (Note. sa).d,
property formerlv belng deec<:'lbed 8S Lots 6, 7 and 8 and
1/2 of vaca't.ed ~11ey way abuttJ.ng Bald lotE;; to the West,
Block "E " of the F:tRST ADDITX ON TO CLEARWA'J'l'i.::R BEACH PA.RK I
r6Cura~b iu ~~at B6dk 15 at page 80.)
J
IJ'
AFFIDAVIT TO AUTHORIZE AGENT,
(Names of ALL property owners on deed - please PRINT full names)
BJE, fNC
That (I amfwe are) the owner(s) and record title holder(s) of the fOllOWing described property (address or general location)
483 MANDALAY AVENUE
2 That this property constitutes the property for which a request for a (deSCribe request)
PARKING GARAGE AND 28 CONDOMINIUMS ON-TOP EXISTING RETAIL
3 That the undersigned (has/have) appointed and (does/do) appoint KEITH ZAYAC, P E
as (hlsJthelr) agent(s) 10 execute any petitions or other documents necessary to affect such pelltlon,
3 That thiS affidaVit has been executed to Induce the City of Clearwater, Flonda to conSider and act on the above deSCribed property,
4 That the applicant acknowledges that all Impact fees (parks and recreation, traffic, etc) WIll be paid PRIOR to the Issuance of a bUilding permit, certificate
of occupancy, or other mechanism, whichever occurs first,
5 That site VISits to the property are necessary by City representallves In order to process thiS application and the own~r authOrizes CIty representatives to
VISit and photograph the property deSCribed In thiS application,
6 That (I/we), the undersigned authority, hereby certify that the foregOing IS true and correct
'/Y/-I'-!.t ACYf/ ~
Property Owner
Property Owner
Property Owner
Property Owner
STA TE OF FLORIDA,
COUNTY OF PINElLAS
Before me the undersigned, an offic.er"duIY~~ned by the laws of the State of Flonda, on thiS
~"f1'6.Met.I2-, ZDo4- (~s~n~lJ~ appeared__ . ~
Deposes and says that he/she fully Yl]derstands the contents of the affidavit that he/she Signed
lqt6-
day of
who haVing been first duly sworn
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