FLD2003-11059
FLD2003-11059
202 Windward
Passage
The Residences at
Windward Passage
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~ Clearwater
Planning Department
100 South Myrtle Avenue
Clearwater, Flonda 33756
Telephone 727-562-4567
Fax 727-562-4865
CASE # - 0 S'
DATE RECEIVED ., 1...G o-:;l
RECEIVED BY (staff milia I ) S N
ATLAS PAGE # '2...\I"Z.A
ZONING DISTRICT \4-Q iC. -
LAND USE CLASSIFICATION _~~
SURROUNDING USES OF ADJACENT
PROPERTIES
NORTH
SOUTH
WEST
EAST
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fJ SUBMIT ORIGINAL SIGNED AND NOTARIZED APPLICATION
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SUBMIT 12 COPIES OF THE ORIGINAL APPLICATION including
1) collated, 2} stapled and 3} folded sets of slle plans
SUBMIT APPLICATION FEE $ ) 2-OS. Ob
* NOTE 13 TOTAL SETS OF INFORMATION REQUIRED
(APPLICATIONS PLUS SITE PLAN SETS)
FLEXIBLE DEVELOPMENT APPLICATION
Residential IDfill Project (ReVIsed 11/05/02)
~PLEASE TYPE OR PRINT ~
A APPLICANT, PROPERTY OWNER AND AGENT INFORMATION (CocJe Section 4-202.A)
APPLICANT NAME W C'-~""" 0. e.. llo 0 L: '
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MAILING ADDRESS \0 Il C\ LnC 0. . \'() ~ '" ~f' u"\\\Je - Cy\- \~ \'<Y1 8(') r Lc\o
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PHONE NUMBER ~)l )9G-q - \ 4l..\'-\ FAX NUMBER {L\tl! )q()q -l L\:L\ il
PROPERTY OWNER(S} -\-\ '(i \, G. \-0\ D<:u \,\\0.. y- ~ DO\. ,--\- ~~
(Must Xclude ALL owners) \
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PHONE NUMBER (-/dl) 4u.:?\ ,- a-5.1'{c,~ FAX NUMBER (, d/ ) L.\4l ,,-"Xi> .3 (,.-.
CELL NUMBER (/dl) 'leA. -{f1 L\.~ . E-MAIL ADDRESS ' <::-~ - I U' . \
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PROPOSED DEVELOPMENT INFORMATION: (Code Section 4-202 A)
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LEGAL DESCRIPTION \-\- \)')(~()(\ Ct- \~-qo-~ \ J~ J.QJ \ . \ ~c-...\\c\ t:\ ~
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v'OO.R"\~o. "k.\~~e, . Cf8ld<1.l L,4-33(:O too~l'()
t I "'t ~ n..C' \-e':::) i ~C)~;2.. ~ p+-
(acres, square feet) l
PROPOSED USE(S} AND SIZE(S} ~ ""'e.. L,; -\-. O\1e"
(number of dwelling Units, h tel r oms or square footage of no
B.
STREET ADDRESS
PARCEL NUMBER
PARCEL SIZE
DESCRIPTION OF REQUEST(S)
kmg APii' rrifiu~ et
,
hAI~NIN
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(mclude all requested code deviations, e 9 reduc Ion m reqUired numb 0
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Page 1 01 7 - FleXible Development Resldentlallnfill ApplicatIOn - City of Clearwater
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DOES THIS APP LlCA TION I NVQL VE THE TRANSFER OF DEVELOP MENT RIGHTS (TOR), A PR~OU SLY APP ROVED PLANNED UNIT
DEVELOPMENT, OR A PREVIOUSLY APPROVED (CERTIFIED) SITE PLAN? YES _ NO .\.L- (If yes, attach a copy of the applicable
documents)
, C PROOF OF OWNERSHIP (Code SectIon 4-202 A 5)
o SUBMIT A COPY OF THE TITLE INSURANCE POLICY, DEED OR AFFIDAVIT ATTESTING TO THE OWNERSHIP OF THE PROPERTY
D WRITTEN SUBMITTAL REQUIREMENTS (Code Section 3-913 A)
o PrOVide complete responses 10 the SIX (6) GENERAL APPLlCABI L1TY CRITERIA - Explain how each crltena IS achieved In detail
The proposed development of the land Will be In harmony with the scale, bulk, coverage, density and character 01 adjacent properties In which It
1"located C U ~ D) 11 ~)I
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The proposed development Will not hinder or discourage Ihe appropriate development and use of adjacent land and bUildings or slgnlncanlly
Impair the value thereof 0c~ & "Ikl-t- /l ft"
3
The proposed development Will not adversely affeclthe health or saf~r persons reSiding or working In the neighborhood of the proposed
use 5~e- ;:.X ~;bA- II I}
4
The proposed development IS deSigned to minimiZe traffic congestion
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5
The proposed deJelopmentls consistent With the community character Df the Immediate VICinity of the parcel proposed for development
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The deSign oHh~ proposed d~elopment minimiZeS adverse effects, Includmg Visual, acoustic and olfactory and hours of operatIon Impacts
on adjacent properties ~c-?: :j(,J\ \ b A- h ft1t
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Page 2 of 7 - FleXible Development Resldentlallnfill Application - City of Clearwater
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o Provide complete responses 10 the seven (7) RESIDENTIAL INFILL PROJECT CRITERIA - Explain how each crrtena IS achieved [n detail
The development or redevelopll1ent of the parcel proposed rOf development IS olherwlse Impractical Without devlallons from the Intensity and
development standards
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2 The development of the parcel proposed for development as a residential Il1fi1l project will not materially reduce the fair market value of
abutting properties (Include the eXlst[ng value of Ihe Site and Ihe propos d value of the slle With the Improvements)
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3 The uses Within Ihe resldentJal rnnll project are otherwise permitted In Ihe City of Clearwater
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4 The uses or mix of use Within the reSidential II1li1l project,are compatible with adjacent land uses
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5 The development of the parcel proposed for development as a resldenlial intill project will upgrade the Immediate viCInity of Ihe parcel
proposed for development J e.- 4~ \ II ; \- ) I Pt II
6 The design of the proposed resldentlallnfill project creates a form and funcllon that enhances the com mumly character of the Immediate
VICInity of Ihe parcel proposed for development and the City of Clearwater as a whole
::)c-e - ;- 1'~~ th\- II \111
7 FleXibility In regard to lot width, reql1lfed setbacks height and off-street parking are justified by the benefits to commul1lly character and the
Immediate VICinity of the parcel proposed for development and the City of Clearwaler as a whole
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Page 3 of 7 - FleXible Development Resldentiallnfrll Application - City of
E SUPPLEMENTAL SUBMITTAL REQUIREMENTS. (Code Section 4~202 A)
o SIGNED AND SEALED SURVEY (mdudlng legal deSCription of property) - One original and 12 copies,
o TREE SURVEY (including existing trees on site and Within 25' of Ihe adJacenl slle, by species, size (DBH 4" or greater) and locallon,
'neludlng dnp lines and Indlcalmg Irees to be removed),
o LOCATION MAP OF THE PROPERTY,
r.:J PARKING DEMAND STUDY m conjUnction WIth a requesJ 10 make deViatIOns to Jhe parking standards (Ie Reduce number of spaces) pnor to Ihe
submlllal of thiS applicahon, Ihe methodology of such sludy shall be approved by the Commumty Development Coordmator and shall be m
accordance With accepted traffic engmeenng pnnclples The findmgs of the study will be used In delermlnmg whether or not deviations to Ihe
parkmg standards are approved, ,..
o GRADING PLAN, as applicable,
o PRELIMINARY PLAT, as reqUired (Note BUilding pemllts 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' (Code Secbon 4-202 A)
0 SITE PLAN With the lollowmg Inlormahon (nol to exceed 24' x 36")
- All dimenSions,
- North arrow,
- Englneenng bar scale (minimum scale one mch equals 50 feel), and date prepared,
- Location map
- Index sheet referencing Individual sheels Included In package,
- Footpnnt and size of all EXISTING bUlldmgs and structures,
- Footpnnt and Size of aU PROPOSE D bUlldmgs and struclures
- All reqUired setbacks,
- All eXlstrng and proposed pomts of access
- All req U1red sigh t tn a n g Ie s,
- Identification of environmentally Unique areas, such as walercourses, wetlands, tree masses, and specimen
Irees, including descnp'hon and location of understory ground cover vegetallon and Wildlife habitats, elc,
- Locallor of all public and pnvale easements,
- Location of all streel fights-or-way wlthm and adJacentto the Site,
- Location of eXlsling public and pnvate ulrhtles, Including fire hydrants, storm and sanitary sewer lines, manholes and 11ft statIOns, gas
and water Imes, -
- All parking spaces, dnveways, loading areas and vehicular use !!reas, -
- DepictIOn by shading or crosshatchmg of all required parking lot Interior landscaped areas,
- LocatIOn of 0111 solid waste containers, recycling or trash handling areas artd outSide mechanical equipment and alf reqUired screemng {per
Section 3-201(0)(1) and Index #701},
- Location of all landscape matenal,
- Location of all onslte artd offslle storm-water mar'1agemenl faCIlities,
- Location of all outdoor IIghllng fixtures, and
- Location of all eXisting and proposed Sidewalks
0 SITE DATA TABLE for eXlsling required, and proposed development, m wnttenflabular form
- Land area In square feet and acres,
- Number of EXISTING dwelling units,
- Number of PROPOSED dwelllllg Units
- Gross fioor area devoted 10 each use,
- Parkmg spaces to 1011 number, presented In tabular form With the number of required spaces
- Total paved area, including all paved parklrlQ spaces and driveways, expressed In square feet and percenlage of the paved vehtcular area,
. - Size and species of all landscape matenal,
- Officl~1 records book and page numbers of all eXisting uhhty easement,
- BUilding and structure helghls,
- Impermeable surface ralio (I S R ), and
- Floor area mila (F A R ) for all nonresidential uses
0 REDUCED SITE PLAN lo scale (8 y" X 11) and color rendenng II pOSSible
'~ [E li6 r~ 0 W [E -
0 FOR DEVELOPMENTS OVER ONE ACRE, prOVide the follOWing additIOnal Information on site plan ~'
- One-foot contours or spot elevallons on Site
- Off site elevations If reqUired 10 evaluate the proposed stormwater management for the parcel,
j - All open space areas, APR U 5 2OD~
I, - LocatIOn of all earth or water relalnlng walls and earth berms,
- Lot Imes and bUilding Im8s (dimensioned), -
- Streets and dnves (dimensioned),
- Burldmg and structural setbacks (dimensioned), Pl.AI\lNING& OEVElOPMENTC" 'C'
- Stmctura I ovemangs, ~""Qj?fo9f t';R Ni\Ti:"R ... I;
- Tree Inventory, prepared by a "certified arboflsl", of all trees 8" DBH or greater, rellectmg Size, canop ~I'I-Iffl a Wn;.G
Page 4 01 7 - FleXible Davelor-ment Resldenllal Inflll ApplicatIon - City of Clearwater
G STORMWATER PLAN SUBMITTAL REQUIREMENTS (City of Clearwater Design Cnterla Manual and
4-202 A 21)
r.:I STORM WATER PLAN including the following reqUirements
EXisting topography extending 50 feet beyond all property lines,
Proposed gradmg Including finished floor elevations of all structures
All adjacenl slreets and mUniCipal storm syslems,
Proposed stormwater ,detentlon/relenllon area Including top 01 bank loe 01 slope and outlet control structure,
Slormwater calculallons for atlenuatlon and water qualfly,
Signature of Flonda regIStered ProfeSSional Engmeer on all plans and calculations
o COPY OF PERMIT INQUIRY LETTER OR SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT (SWFWMD) PERMIT SUBMITTAL
(SWFWMD approval IS required prior to IssuarlCe of City BU/ldlllg Permit), If applicable
o COpy OF STATE AND COUNTY STORMWATER SYSTEM TIE-IN PERMlT APPLlCATlONS, If applicable
H LANDSCAPING PLAN SUBMITTAL REQUIREMENTS (Section 4~1102 A)
o LANDSCAPE PIAN
AI! eXisting and propos.ed structures,
Names of abutting streets,
Dramage and r~lentlon areas including swales, Side slopes and bottom elevatlolls
DelmeatJon and dimenSions of all required penmeter landscape buffers,
Slghl vlslblllly tnangles,
Dellneatton and dimenSions of all parkmg areas IIlcludlng landscaping Islands and curbing,
Proposed and required parklllg spaces,
Existing lrees on-site and Immediately adjacent to the Site, by speCles, size and loca\lon5, Includlllg drlpline,
Locahon, Size, descnpllon, :opeclficatlOns alld quantities of all eXisting and proposed landscape malenals including bolanlcal and
common names,
TYPical planting details for trees palms, shrubs and gwund cover plants IIlcludmg Instructions, SOIl mixes, backfilling, mulchmg and
protectNe measures,
Intenor landscaping areas hatched and/or shaded and labeled alld mlerior landscape coverage, expresslllg In both square feet and
percentage covered,
CondlUons of a prevIous development approval (e g conditions Imposed by the Communlly Development Board),
Imgallon notes
[J REDUCED LANDSCAPE PLAN to scale (B Yo X 11) (color rendenng If pOSSible),
o IRRIGATION PLAN (reqUired for level two and three approval),
o COMPREHENSIVE LANDSCAPE PROGRAM application, as applicable
BUILDING ELEVATION PLAN SUBMITTAL REQUIREMENTS. (Section 4-202 A 23)
Required In the event the appllcahon Includes a developmenl where deSign standards are 111 Issue (e 9 ToUrist and Downtown Dlstncls) or as
part of a ComprehenSIVe Infill Redevelopmerll Project or a Resldenlla[ Illfill Projecl
o BUILDING ELEVATION DRAWtNGS - all Sides of all bUlldlllgs Includlllg herght dimenSions, colors and materials,
o REDUCED SUI LDI NG ELEVA TI ON S - four Sides of bUilding wllh colors and matenals to scale (8)12 X 11) (black and white and color
rendenng, If pOSSible) as reqUired
J SIGNAGE' (DIVIsion 19. SIGNS I Section 3-1806)
o All EXISTING freestanding and attached signs, PrOVide pholographs and dlmenslons (area, height, etc ), Indlcale whether they will be
removed or to remalll
o All PROPOSED freestanding and attached signs, PrOVIde details Including locallon, sl<:e, height colors matenals and draWing
o ComprehenSive Sign Program application as applicable (separate applicatlcn and fee reqUired)
o Reduced slgnage proposal (B )12 X 11) (color), If submlUlIlg ComprenenslVe Sign Program apPilcatlo~
Page 5 01 7 - F[exlble Development Resldentlallnfll[ Appllcalron - City or Cia
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TRAFFIC IMPACT STUDY (Section 4.801 C) ~I(;"t. /Hf st:::1. 110 retu ue ) ptoto. . ,
J ,.s ..frON' c..o"Jo.....lotl........" (5'S u..,-t,) oloe.i >t,t ei,c _1. · ft t
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Include as required If proposed development will degrade the acceptable level of service for any roadway as ado pled In Ihe Comprehensive
Plan TflRgenerallon shall be based on the most recent editIOn of the Institute of,Trnnsportatlon Engineer s Tnp General Manual Refer to
Section 4-801 C of the Community Development Code for exceptions 10 Ihls requirement
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SIGNATURE.
I, the undersigned, acknowledge that1;'ll representations. made In thiS
application are true and accurate to the best of my knowledge and
authorize Gily representatives to VISit and pholograph the property
des6i1b J d n Ihls application
STATE OF FLORIDA, COUNTY OF P1NELLAS I llb-
1 s.r:om to and subscribed before me thiS J-L- day of
"..JC~ ~'a..aL ' AD 2063 10 me an~or by
r-tO~.N",,\"" (~~\,l\e'L who Is~l~ has
produced - as
Identlficallon
DEBRA AN mlSSIO
MY COMMISSION # DO 233928
EXPIRES A~gUSI15, 2nO?
Booda<l Thnr Nol'l'l' PubliC u.OOrWnlerr:
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f)alure of property owner or representahve
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CITY OF CI !? Ai,",~I.\ l r '-1
Page 6 01 7 - FleXible Development ReSldenllallnli1l ApplicatIOn - City of Clearwater
AFFfOA vIr TO AUTHORIZE,AGENT .
1A~\ r11r"\ C- \~r\ "I }"u \\"""V", '\"i \----Q. ~-=s. - f"Q
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(Names of all property owners)
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That (1 am/we are) the owner(s) and record Utle holder(s) of Ihe following descnbed property (address or generallocaUon)
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cute any petitions or other documenls necessary to affect such petition,
4 That this affidavlI has heen executed 10 Induce the City of Clearwater, Florida 10 cor'lslder and act on Ihs above descnbed property,
5 That slle vlslls to 1I1e property are necessary by City representatives in order 10 process thiS application and lI1e owner aulhonzes City
representatives to VIsit and photograph the property des en bed In Ihls apphcallon,
6 That {If we), the underSigned authonty, hereby certify that the foregOing IS true and correct
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Property Owner
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STATE OF FLORIDA,
COUNTY OF PINElLAS
My COmml$$IOn Expires t1~~ I ~ I J DO;
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Page 7 of 7 - FleXible Development ResldentlaJ Infill Applicaton - City of Clearwater
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Exhibit "A" (Revlsed for 4/15/04 submittal)
The Residences At Wmdward Passage
202 Windward Passage
NES Project #0348
History:
ThIs project was prevlOusly submitted to the CIty of Clearwater (FLD2003-11059) as
four hvmg levels above parkmg and with a more maSSlVe bmldmg footpnnt The
applIcatIOn was subsequently wIthdrawn lD order redeSIgn the bUlldmg and SIte, to pull m
the bUlldmg footpnnt, prOVIde for adequate retentIOn and relocate the proposed pool area
AddItIOnally the applIcant has raIsed the proposed height m response to pullmg m the
buIlding footprmt to allow for five hvmg levels over parkmg wrote still mamtammg the
same number ofumts (55) Proposed parapets WIll no longer exceed the maxlrnW11 30"
above the roof deck and proposed elevator, staIr and mechamcal rooms WIll not exceed
the m<lXImum allowable 16' above the ~oof dcck
Addltional Information:
Although the legal descnphon mcludes submerged lands to the north (0 R Book 5885,
. Page 2178), nelther those submerged lands nor thc cXlstmg docks thereOf:, Will be utIhzed
by the applicant or reSIdents of The Resldences At Wmdward Passage. Those eXlstmg
docks Wlthm t,he submerged lands III questIOn have dlways been and Wlll contmue to be
uhhzed by the owners/resIdents of The Vlllage On Island Estates Condomlillums
DescnptIon of Requests:
To raze the eXIstmg HIgh and Dry Manna and construct a SIx-story (5 bvmg levels over
parkmg), 55~UIllt cOndOmInIUm With on-site parkmg, on-SIte retentlOn and landscapmg
ThIS proposal w1l1 mclude requested-reductIons to the reqUIred front yard setback from
25' to 12' for the trash stagmg area, from 25' to 1 5' to bmldmg foo tpn ntJparlahg areal 4"
hIgh decoratIve wall and from 25' to 0' for walkways leadmg from the nght~of-way to
the bUIldmg, a reductIOn to the reqUIred rear yard setback from 15' to 0' for proposed
walkways leadmg directly to the seawall area (to access future dock area wlnch w1l1 be
submItted fQr reV1ew at a later date), and a request to mcrease the maxnnum allowable
height from 30'>to 60' from BFE of 12' to the top of roofs lab The proposed parapets
WIll not cxceed the maxlmum allowable 30" above the roofoeck and the proposed
elevator, staIr and mechamcal rooms Will not exceed the maXlmum allowable 16' above
the roof deck
The eXlstmg docks WIll remam on SIte at thIS time for sole use ofthe condoffilmUIll urut
owners Any proposed future docks and/or boardwalk or reVISIOns to eXIstmg docks Wlll
be sublTIltted to the CIty of Clearwater and aJI other reqUITed regulatory agenCIes for
reV1ew at a later date No on-site sIgnage 1S belf1g proposed at thIS tIme as It hdS not yet
been detenruned the exact style or locatl0n!slze of slgnage desued A separate SIgn __
package WlJl be submItted to CIty Sufi for reVIew m the future ffi ~ ~~ ~ ~J~
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Pl..AI\l~\t'!Ql *-9.bCI ~ A?,NA1 ER
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Written Submittal Requirements:
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The proposed development of the land will be III harmony wIth the scale,
bulk, coverage, density and character of adjacent propertIes m wluch It IS
located Directly across Wmdward Passage from thc subJect Site IS a rather
new townhome proJcct wIth sllmlar setbacks and a small publIc park To the
west of the subject sIte IS the eXIstmg 15land Estates Yacht Club that provIdes
on-sIte parkmg for Its guests willIe provldmg no sIgmficant landscapmg To
the east are the Vlllage On Island'Estates condommlUllls EXIstmg
townhomes dIrectly across the Wmdward Passage nght-of-way to the south,
provIde mdlvldual garages for umt owners requmng vehlcles to back out mto
the nght-of-way when eXltmg the sIte To the southwest ofthe subject sIte
and across the Wmdward Pass<,1ge nght-of-way IS a neIghborhood/publIc park
that provldes no on-site parlang The eXIstmg hIgh and dry manna on the
subject SIte provIdes very lIttle desIgnated parkmg area WIth most of tIle
avaIlable vehIcular space on slte taken up wlth numerous boats and boat
traIlers At tlus tIme, many vehIcles park randomly arOlmd the site and across
the nght-of-v ay ill heu ofwlthm desIgnated parkmg areas The proposed
condonumum proJect wlll be closer In harmony WIth the predoffilnately
TesJdentlal nature of the surroundmg area than that of the eXlstmg commerCIal
use More than adequate on-sIte deSignated parkIng spaces WIll be provlded
III addmon to eIght metered spaces to be prOVIded wlthm the nght-of-way A
deSIgnated fire lane IS also bemg proposed wIthm the nght-of-way dJrectly In
front of the subject Site
The proposed development Will not hInder or dIscourage the approjmate
development and use of adjacent land and butldmgs or slgmficantlY'lmpaJr the
val ue thereo f as the eXIstmg subJect SI te IS curren tl y va 1 ued. at $1 ,568,400 00
per the Pmellas County Property AppraIser's office Upon completion of the
proposed Improvements, the value of the sIte IS estImated to be approxImately
$5,30'0,00000
The proposed development wlll not adversely affect the health or safety of
persons resIdmg or workmg m the neIghborhood of the proposed use In
contrast, the health and safety of the people wIthm the surroundmg
communIty wlll be Improved WIth all parkmg_ for the proposed condommmID
bemg proVIded on Site, VISIbIlIty tnangles bemg observed and storm water
retentIOn bemg prOVIded on SIte where none eXlsts now The proposed
retention area w1ll more than adequately address any concerns of water runoff
and all avarlable green areas W1U be lushly landscaped Due to an eXIstmg
10' WIde sanitary sewer easement on the western SIde ofthc Site, no trees WIth
a SIgnIficant root area may be planted along the westernmost property lme
Accordmg to the Ci ty 0 f Clearwater's Engmeenng Department, other types of
landscape and removable pavers would be allowed wIthm the easement.
However, m the event work must be done to the eXIstmg 16" force mam
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wlthm the easement, the Clty wIll not be responslble for pdyment or
replacement Qf any landscaplllg or pavers wIthIn the easement area
4 The proposed development IS designed 10 mmllTI1Ze traffic .congestlOn as Oll-
sIte parkmg IS bemg provided over and above the y,equued <number of parkmg _
spaces for the number ofumts proposed Elght desIgnated metered parkmg
spaces are also bemg proposed wItlun the nght-or-way to prevent random
parkmg along Wmdward Passage. The eXIstmg Hlgh & Dry Manna facIhty
allows random parlang throughout the sIte and cars randomly park across the
nght-of-way at thiS tune
5 The proposed development IS conslstent wIt[i the commumty character ofthe-
nnmeJlate vlClruty, as newer hlgh-entl reSIdentIal umts have been constructed
ill the recent years IITlfnedIately to the south and east of the subJect SIte
Proposed setbacks are snndar and even less mtense than that of other eXlstmg
uses m the ImmedJate area Th,e proposed height wIll not exceed thaI wfuch IS
allowable through the FleXIble Development process wlthm the HDR zonmg
dlstnct
6. The deslgn ofthe proposed development mmlmlzes advcrse effects, rncludmg
vIsual, acoustIc and olfactory and hours of operatIOn Impacts, on adjacent
properties Tills proposed rngh-end reSIdential project wIll be a SIgnIficant
Improvement to the subject SIte and Immedmte area No adverse effects are
anhclpated as a result ofthls reSidential project A reductIOn III the amount of
dally nOlse, odors and congestion wIiI be notIced once the eXlstmg hIgh and
dry manna IS razed Hours of opcratlOn WIll no longer be an Issue as thiS IS a
reSIdential use replacmg an eXlstmg Intense commercial use POSItIve vIsual
Impacts to the munedJatc area wIll be felt by the reductIOn m the amoWlt of
pavement on Site, the proposed archJtec.,tural style of the bUIldmg ltselfwlth
large open vistas on each Side of the" SIte, lush penmcter and mternal
landscapmg and paved wallcways
ReSidential lofill Project Cnteria:
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The development or redevelopment afthe parcel proposed for development IS
otherwIse Impractical Wlthout deviatIOns from the mtenslty and development
standards as laId out wlthm the CIty of Clearwater Community Development
Code The number and SIze of uruts bemg proposed on slte are necessary m
order for thiS to be a finanCIally Viable project Although the SIte conSIsts of
cl.pproxunately 1 83 acres, the slte ltself IS Irregular In shape WIth ItS cul-de-sac
locatIon and oddly configured property lme m the area of the vacated Dory
Passage Addltlonally, the zero foot rear setback bong requested for the
proposed walkways boardwalk WIll allow access to future dock areas and IS
typIcal of other recently approved waterfront proJects In the Clearwater Beach
area
The development of the Parcel proposed for development as a reSidential mfill
project Will not matenally reduce the faIr market value of abuttmg propertJes
The eXlstmg commerclal high and dry manna use WIll be razed and replaced
WIth an up-scale resldentIal use that wIll Qnly serve to false the faiT market
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value of abuttmg propertIes The surroundmg area IS evolvmg mto more of a
resldent13l neIghborhood Wtth the proposed redevelopment of the subject
site from the eXIstmg more mtenst. commercIal use to the proposed resIdential
condommlUmwlth on SIte parkmg, retentlOn and landscapmg, a sIgmficant
Improvement wIll be enjoyed by the surroundmg commumty
Attached dwellmgs are a permitted use wlthm the CIty of Clearwater
The proposed use as a res1dentIal mfill project IS compatible WIth adjacent
land uses as It IS res1denhal III (,haractel and much less of an lTItense use as
WIth the eX1stmg hIgh and dry manna
The development ofthe subject parcel as IS bemg proposed as a reslctentlal
mfill ploJect will upgrade the Immed1ate VICInIty The eXlstmg hI.gh ard dry
manna use mamtams no on-slte retentIon, supports scattered parku1g for boats
and velncles, houses underground fuel tanks and fuel pumps at dock SIde and
tends to create nOIse mtruslOn onto surroundmg sites by way of constant boat
and vehIcular traffic and With the use of equipment necessary for manna
operatlOns The proposed condomInIUm WIll prov1de all reqUlred and extra
parkmg on site, wIll prOVide eIght (8) add1tIonal metered parkmg spaces
wlthm the nght-of-way, WI]] provIde <!, deSIgnated fire lane wIthm the nght-of-
way In the event of an emergency, a retentIon pond that will handle and
. successfully dlstnbute storm water, and WIll support SIgnIficant lush
landscapmg WIde open VIstas for surroundmg Sites where lIttle to none eXIsts
at thI.s tnne
The deSign 0 f the proposed resIdentI al I nfi II proJ ec t creates a form and
functIOn that enhances the communIty chUfacter of the ImmedIate VlcIrnty of
the parcel proposed for development and the Clty of Clearwater as a whole
The proposed lugh-end reSIdentIal project will attract full tune reSIdents who
WIll III turn patromze busmesses wIthm the CIty of Clearwater
FleXibIlIty ill regard to requued setbacks dud he1ght arc JustIfied by the
benefits to commurnty character ami the Immcdmte vIclmty of the parcel
proposed for development and the CIty of Cleaf'Alater as a whole Currently
the subject Site mamtams setbacks of zero feet to pavement around the
maJonty of the entIre property AdditIOnally, a one-story concrete block
bUlldmg sets dIrectly on the seawall at the rear of the SIte The landscapmg on
SIte currently cons1sts of approxImately 11 palm trees spread out across the
front of1he htgh and dry bUIldmg Although the proposallOcludes requests
for a zero setback 10 the rear for mtermlttent walkways 1cadmg d1rectly to the
seawall and 13 8' to the pool deck, the enormous an10unt of pavement bemg
removed from the SIte 1S a slgmficant Improvement not only to the SIte Itself
but for the surroundIng area as wen The proposed condorruruum bUlldmg
WIll meet all requued setbacks other than the reductlOn bemg requested III the
front yard area FleXIble Standards allo.w a range of heIght from 30' to 130'
and the proposal IS for a he1ght of 60' from BFE to the top of the roof slab
The top of the elevator/staIr/mechanIcal lOoms Will not exceed the allowable
heIght of 16' above the roof deck and the proposed parapets WIll not exceed
the maX1ll1um allowable 30" above the roof deck The des1gn of the proposed
archItecture together wlth lush landscapmg, on sIte retentlOn and parkmg WIll
5
6
7
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be a slgmficant Improvement for the surroundmg commumty over the eXIstmg
mass of pavement, concrete block and steel frame bUlldmgs on sIte
The ResIdentIal Infill category allows the opportvmty to request flexIbIlIty to
certam reqUIred setbaCKS Front setbacks may be vaned provIded certam
cntena can be met ThIS project meets thdt crltena
a EXIstmg structures along the same slde of the Wmdward Passage nght~of~
way were constructed'wItb lITegular setbacks, ] e the Village on Island
Estates maintams llTegl!lar setbacks to the eXlstmg bUlldmgs and almost a
zero setback to pavement along the flont Mlmmal 1andscapmg 15
I
provIded along the front of that SIte due to the lack of ayal1able green
space The proposed condomInIUm bmld1J1.g wIll be set back further ITom
the front property lme than the adJacent condomIillum SIte to the soutbeast
and greater setbacks to pavement along wIth SIgnIficant lands~apmg WIll
be provIded ImmedIately to the west of the SIte, the exlstmg Yacht Club
mamtams zero setbacks to pavement WIth httle to no landscapmg
provIded The subject SIte's cul-de-sac location also enables the SIte to be
developed WIthout VIsually mtrudmg mto the "street vIew rIghts" of
nelghbonng propertIes The proposed project will enable'an eXlstmg
detenorated and non-conformmg SIte to come closer to comphance WIth
what IS deSIred by CIty Code and Wll! not be out of character [or the area
b There are a few newer developments along the Wmdward Passage nght-
of-way that have been constructed WIth greater setbacks thdll the eX1stmg
H1gh and Dry Manna mamtams at thIS tune However, even the new
townhomes across the nght-of-way to the southwest m'amtam zero front
setbacks for the necessary mdIvldual dnveways amI although well
landscaped, mImmal avaIlable dfea eXIsts wlthm the front to sustam a
dense landscape buffer Although a deVlallOn to the requITed front setback
IS bemg requested herem, there 1S stdl 15' or avmlable-gI een space across
the front of the Slte for heavy land.scapmg
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o R 1546 PAGE '725
I.JARRA:-lTY USE11
TlIIS INDENTURE, \!ac1e tlus 1st riay of November, 1962,
Bl!:TWEE:N, NORTH BAY COHPANY, a corporat1.on eXlstl.ng unner the laws
of the State of F1or1.na, hav1.ng 1.ts pr1.ncl.pdl place of bus1.ness 1.n
the County of P1.nellas ann State of F1orl.da, party of the f1.r'st
part, ann HIGH AND DRY \1ARIl'iA, INC., a Flor1.i!a corpora tl.on, whose
maJ.ll.ng address is 202 WindIJa>:d Pas811ge, , Clear'lo!ater,
Pl.nellas County, Flo~lna, party of the seconn part,
WITNESSETH, that the SB1.c1 party of the fl.rst part, for and 1.n
conSl.c1eratl.on of the sum of TEN DOLLARS ani! other valuable consirler-
atl.ons to 1.t 1.n hani! pal.cl by the sa1.cl party of the second part, t~e
recelpt whereo f 19 hereby a cknowlerl f':ei!, has h'I'anter'!, bargalnerl ann
",01<'1 to' the said party of the seconit part forever, the folloWl.ng
nescrlben land, sl.tuate, IYl.n~ and bel.ng 1.n the County of Pinellas,
State of ~lorl.na, to-Wlt
Lots Ten (10) anrl Eleven (11), Block "D", Un1.t- l<'lve ('5),
ISLAND ESTATES OJ" CLF.ARWATEn, (l.CCOrdln/l: to the map or
plat thereof as recorned 1.n Plat Dook 51, Pa~e 34, of
the Publ1C Records of plne11as Countv, Flor~rla;
ALSO:
That part of Lot N~ne (9), Block "D", Vnlt F1ve (5),
ISLAND ESTATES OF CL8AR\'IAT&R, accornJ.ng to map or plat
tb~reof as recorrlen in Plat Dook 51, Pa~e 34, of tlte
Publ1C Records of P1.nellas County, Florlrla, lYln~ Easterly
of! a lllle nes crlberl as follows:
From the Southwesterly corner of said Lot 9, run Easterly
a~ong the Southerly 11ne of S81.rl Lot 9, along a curve to
tbie rJ.ght or 50 feet ranJ.us (chorrl bearlng N. G3028' 46" 8.,
chord distance 17.36 reet) 17.45 feet for a POlnt or ne~ln-
~\ n~g; thence run N. 16031'14" W., 120 feet to a POlnt of ~
EnoJ.ng on the Northerly lllle of SBlrl Lot 9; sain pOlnt he-
J.r1:g 59.34 feet Easterly along the curve or the Northerly
line of Lot 9 from the Northwesterly corner or Lot 9 (Uelng
the Easterly 2/3ros of saJ.d Lot 9.
I
And the said party of the flrst part cloes hereby fully warrant the
tltleito said lann, ann wlll deren" the same a~J.nst the lawful
clalms of all persons whomsoever.
I ~
I ' ~4
: _ IN WITNESS ,WHEREUF, the sa1.d party of' the fiJ:st part has causeil
~-~~~:~thesefP9?~~~ts ito be slgneil 1.n 1.ts name by ~ts Vice-Pres1.nent, ani!
_;_" "'. t ~, . c,~rpo;a 1;:e gea 1 to be a l' f:z..xecl, at t a'lt en by 1. ts Secretary, the
_;; \'\';~~ ~d year above Wl"1.tten.
:::: ~-' ..." .--.. 'I;;"':':i r ......
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- '. '(CorI1ora.;f.e Seal) NORTtl ,BAY CONPANY
:t '"";II'" :..~ ..... -- I~: c~ f
-,:>1 1--)""- -,,~ By ~
.f> I'n \ i:t;te.sltr.l~ ~_,;~; H. P. lialey'pVJ.ce-president
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("...J ,I\;, cn-,; 0::= C: f:f\.P..lvlJ ER -
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WINDWARD PASSAGE
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Bret D. KJasman, P.E. #53179
April 2004
Project No. 0348
601 CLEVELAND STREET, SUITE 930
CLEARWATER, flORI DA 33755
I'-J ESAD/vI. I N@/v\INDSPRING COM
N EST,ECrl@MI N D5 PRI NG COM
727 443 2869 FAX 727 446 8036
..
NORTHSIDE ENGINEERING SERVICES
25 YEAR STORM EVENT
PROJECT Wmdward Passage
PROJECT NO 348
RUN-OFF COEFFICIENTS
PRE-CONSTRUCTlON
TOTAL DRAINAGE AREA='
IMP AREA=
POND AREA="
PERV AREA=
c=
044 *
*
C = 0 9/2 = 045 PER CITY OF CLEARWATER REQUIREMENTS
POST-CON STRUCTlON
TOTAL DRAINAGE AREA=
IMP AREA=
POND AREA=
PERV AREA=
c=
080
STORAGE CALCULATION
PRE-CON STRUCTION
DRAINAGE AREA =
TIME OF CONC Te =
I @ Te =60 (25 YEAR EVENT)=
Q(oul) = C x I x A =
POST-CON STRUCTION
TIME
(MIN
6000
MAX STORAGE =
WEIR DESIGN
TOP OF WEIR ELEV =
BOT OF WEIR ELEV =
H=
Q=
L=Q/3 31"H^1 5 =
80,082 SF 1 84 AC
76,512 SF OF IMP AREA@ C =
o SF OF POND AREA @ C =
3,570 SF OF PERV AREA @ C =
045 *
1
02
80,082 SF 1 84 AC
65,670 SF OF IMP AREA@ C =
2,958 SF OF POND AREA @ C =
11 ,454 SF OF PERV AREA @ C =
Q(ln)
CFS)
532
19,146 CF
450FT
4 33 FT
017 FT
2 90 CFS
09
-' 1
02
1 84 AC
60 MIN
360 INfHR
2 90 CFS
INFLOW
CF
19,146
1250 FT or 12' - 6" MIN
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PROJECT NAME
Windward Passage
PROJECT NO. :
348
POND'S STAGE STORAGE DATA:
BOTTOM EL.=
STAGE AREA AREA STORAGE
ft-NGVD SF AC CF
500 3,478 0080 5,445
450 2,958 0068 3,836,
433 2,781 0064 3,348
400 2,438 0056 2,487
350 1,918 0044 1,398
325 1,658 0038 951
250 878 0020 0
T.O.B. EL.=
W.Q. EL=
TOTAL WATER QUALITY CALCULATIONS:
DRAINAGE AREA =
80,082 SF
REQUIRED WATER QUALITY DEPTH =
0.50 IN
REQUIRED WATER QUALITY VOLUME =
3,337 CF
PROPOSED OUTFALL ELEVATION =
4.33 FT
AVAILABLE WATER QUALITY =
3,348 CF
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NORTHSIDE ENGINEERING SERVICES
POND DRAWDOWN ANALYSIS
PROJECT
Wmdward Passage
PROJECT NO
348
VOLUME PROVIDED '" 3 348 C F
BOTTOM OF SLOT ELEV '" 4 33 POND AREA (SF) = 2,781 SF
BOTTOM OF POND ELEV '" 2 50 POND AREA (SF) '" 878 S F
UNOERORAIN INVERT ELEV '" 2,05
COEFFICIENT OF PERMEABILITY (K) = 009 FT/MIN
LENGTH OF UNDERDRAIN '" 114 FT
SIZE OF UNOERDRAIN '" 6 INCH
ELEV AVG HEAD INCR HEAD L(AVG) HYD GRAD IL TER AREJ FLOW POND AREA INCR VOL lNCR TIME
FT FT FT FT FT/FT SF CFM SF CF MIN
433 2,781
180 046 367 049 179 791 1 162 147
387 2,305
134 046 549 I 024 179 394 944 239
342 1,830
089 046 731 012 179 1 95 725 371
296 1,354
043 046 915 005 179 075 507 671
250 878 I
TOTAL DRAWDOWN VOLUME =
3,338
CF
TOTAL DRAWDOWN TIME =
238
HOURS
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202 WINDWARD PSG
Date Received: 11/20/2003
THE RESIDENCES AT WINDWARD P
ZONING DISTRICT: C
LAND USE: CG
ATLAS PAGE: 267A
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CITY OF CLEARWATER
loNG IV\NGE PLANNING
DEVELOPM~NT Rr:vn:\\:1
PIANNING DEPARTMENT
POST OFFIcE Box 4748, ClEARWAlCR, FrORIDA 33758-4748
MUNICIPAL SERVICES BUilDING, 100 SOUTH MYRTlE Avr:NUC, ClEARWATER, FLORIDA 33756
lFLEPHOl\<J; (727) 562-4567 FAx (727) 562-4576
December 8,2003
Mr Housh Ghovaee
Northslde Engmeenng Services, Inc
601 Cleveland Street, SUIte 930
Clearwater, FL 33755
Re FleX1ble Development approval to perm1t attached dwellmgs m the High DenSIty
ReSIdential DIstnct w1th reductIOns of the front (south) setback along WIndward Passage
from 25 feet to 15 feet (to bUlldmg), from 25 feet to 13 feet (to pavement) and from 25
feet to zero feet (to dumpster stagmg area), a reductlOn of the SIde (west) setback from 10
feet to SIX feet (to Sidewalk and boardwalk), reductIOns of the rear setback from 15 feet to
10 feet (t,o bmldmg), from 15 feet to nme feet (to pavement) and from 15 feetto zero feet
(to boardwalk) and an mcrease, 111 bmldmg he1ght from 30 feet to 50 feet, With an
addItlOnal seven fe~t (from roof deck for penmeter parapets), WIth deVIatIons to elImInate
the reqUired mImillum four feet hIgh landscaped fence or wall screenIng the parkmg areas
ftom adjacent streets and propertIes and to mcrease the retentlOD area allowance wlthm
the front landscape buffer from 50 percent to 61 percent, as ~ ReSidentIal Infill ProJect,
ull{~er the,prOVISlOQS of SectIOn 2-504 F (retallllllg the eXIstmg floatmg docks for sole use
by the property owners) and to penmt a reductIon of the landscape buffer along
Wmdward Pas~age (south) from 10 feet to zero feet (to pavement) and a reductIon of the
landscape buffer along the west property IUfe [rom 10 feet to SiX feet (to Sidewalk), as a
Comprehens1ve, Landscape Program, under the prOVISIOns of Sectton 3~ 1202 G (Case
FLD2003-1 1059, 202 Wmdward Passage)
Deal Mr Ghovaee
The Planmng staff has revIewed your apphcatlOn for Flexlble Development approval as
referenced above f()r the property at 202 WIndward Passage After a prelImmary reVIew of the
submitted documents, staff has determmed that the apphcatlOn IS complete Whlle not part of a
completeness reVIew, I have proVIded prelImmary mfomlatlon about the suffiCIency of the
apphcatlOn The Development ReView COIrumttee (DRC), pnor to or at the DRC meetmg, WIll
plOVIde more comments
BRIAN J AUNG~ r, MA l'OIl-(oMMlbsroNrR
110')'1 HAMil TON, Vie L Mi\l'OR-COMMI<;<;IONrR WHII NFl' GRAY, C'OII\\I'>,IONLR
FRAN.. HmB,\RD, COMMISSIONER @i Bill jON\ON, COlhlll'>olONI II
"EqUAl [MPI OYlvlr"l rAND AFI IR.\1Al rVI< ACl ION E~lI'I Oi'l R"
December 8, 2003
Ghovaee - Page 2
General comments related to the sufficlencv of the appl1catlOl1
1 ProvIde on Sheet C3 1 the dImenSlOn from the front property Ime to the bmldmg (north to
south dllnenslOn) at the eastern dnveway, the dlllIenslOn [rom the front property hne to
proposed pavement of the handIcap parkmg space at the western dnveway, the d1meIfslOl1
from the rear property hne (northeast angled pIoperty lme) to proposed pavement
(parallel palkmg spaces), the dImenSIOn from the rear property Ime (seawall) to the
proposed pavement and to the proposed bUlldmg, the dImenSIOn of the WIdth of the
boardwalk along the seawall, the d1menSlO11 of the w1dth of the proposed SIdewalk
parallel wIth the west SIde property lme (runnmg from the front Sidewalk along
Wll1dward Passage to the boardwalk), the dimenSIOn of the Il1sIde of Il1dlvIdual garage
parkmg areas, the dImenSIOn of the dnve aisles between the mdIvIdual garage parkmg
areas, the dllnenSlOl1 of the entrance and exIt drIves to the northern parkIng area, the
length of the east-west parkmg"spaces (near the seawall) In the northern parkmg area, and
the dnnenslOn 6fthe proposed fire lane length wlthm the nght-of-way
2 Concerned that a vehIcle may not be able to safely turn mto the easternmost angled
parkmg space In the northern parkIng area (look at turnmg template to detenmne) Ifnot
able, delete parkmg space
3 To separate backing velllcles from parked vehIcles m the northern parkmg area, mtroduce
a landscape Island on the west end of the angled parkmg row
4 Label owner/tenant storage cabanas on the west end ofthe bmldmg
5 Reconfigure the waterfront VISIbilIty tnangle at the northern property lIne at the seawall
to Code provIsions
6 Curb the edges of the western dnveway and southern edge of the hand1cap parkmg space
7 Indicate on all appropnate sheets that the'pool deck IS above the northern parkmg area
8 Suggest removmg the north 10 feet of the boardwalk along the seawall, adjacent to the
abuttmg property (to mamtam a 10 feet rear setback at that location)
9 Unclear as to curved structure Within the nght-of-way around the transformer (?)
10 Section 3-1202 D 2 prOVIdes that front slopes of stormwa~er retentIOn areas may
compnse up to 50 percent of any reqUired landscape buffer WIdth, prOVided that the slope
IS 4 1 or flatter and all reqUIred shrub plantmgs are not more than SIX mches below the
top of the barIk and proVIded that the buffer Width IS at least five feet 111 WIdth The
landscape buffer Width along Wmdward Passage IS 10 feet WIde The retentIOn pond IS
approxllnately 61 percent of the front property WIdth SIte, gr(!dll1g plan and landscape
plan do not comply With thiS reqUIrement
II Unclear how landscapmg WI]] work wlthll1 the proposed retentIOn pond due to Side
slopes, especlally the areas at the ends of the dnve aisles between the mdlvIdual garage
areas
12 WhIle the request IS beIng processmg as a ReSidential fufill ProJect, need to proVIde
JustIficatlOn as to how the proposal meets the cntena for attached dwellIngs "The
eX1stll1g stlUctures along the same Side of the road have been constructed WIth Irregular
setbacks and the proposed reductlOn In front setback wIll not be out of character With the
neIghborhood," and "The extent to wh1ch eXlstmg structures 10 the neIghborhood have
December 8,2003
Ghovaee - Page 3
been constructed to a Iegqlar or umform setback from the nght-of-way" If It cannot be
Jush fied, a devIatIOn from one or both of these cntenons Will be required
13 The "retentIon basm detaIl" on Sheet C6 1 IS mconslstent WIth SectIOn A-A on Sheet
C4 1 Revlse/remove There IS no Improvemerit proposed to the parkmg area m the
southeast portion of the sIte It IS recommended to revise this parkmg area to prov1de
landscape areas III accordance WIth Code provlSlons (or ask for reductIOns where
necessaIY), mcludmg Improvements to traffic flow, number ofparkmg spaces, landscape
buffers, mtenor landscapmg, loadmg space and dumpster(s) enclosure(s)
14 DepIct by shadmg or crosshatchmg all requued parklllg lot mtenor landscaped areas
Code reqUIres a IDll1lIDUm of 10 percent of the velucular use area (not under the bUlldmg)
to be prOVIded mmtenor landscape area Prov1de calculatIon on Sheet Cl 1
15 It IS unclear whether the trash stagmg area mcludes under the area under the buildmg
(eIght dumpsters appear to be depicted)
16 ReVise the proposed denSIty on Sheet Cl I to 29 92 dwelling Ul1lts pe;r acre
17 ReVIse the parkmg c'llculatlOn on Sheet Cl 1 to mdlcate parkmg at I 5 spaces per
dwelling umt (not one space) Remove the words "(per reSIdentIal mfill)" as part of thIS
c'alculatlon ReVise "parkmg reqUIred" from 55 spaces to 83 spaces
18 ReVIse the proposed ISR on Sheet C I I from 0 95 to 0 82.
19 Show on Sheet C3 1 structural overhangs (balcomes and/or eaves) and the dIstance from
the face ofthe bUl Idmg
20 Need to sp.bmlt a completed ComprehenSIve Landscape Program applIcatIon, addressmg
the reductIOns listed above and all cntena
21 Sheets A-20l, A202, A-205 and A-206 - unclear as to what the short wall IS for on the
east Side of the bmldmg AdVIse/denote Show also on Sheet C3 1
22 Prov1de Sign package, mcludmg the proposed setback from the property lIne, and the
height, area and color of prQPosed SIgnage' SectIOn 3-1806 A 2 allows "one freestandmg
IdentIty slgn pet entrance mto a multIfamIly development of no more than 12 square feet
of total SIgn face per sign," "the height of a freestandlllg SIgn shall not exceed SIX feet"
and "a freestandlllg 1denhty Slgn shall Illclude the address of the property on WhICh the
Sign 18 to be located" A ComprehenSIve SIgn Program Will be reqmred If the slgn(s)
exceed the above proVISIOns
23 Unclear why all mdIvIdual garage areas do not have fixed shuttcrs and why all the
shutters are not at the same elevatIOn from the Level I floor elevatIOn
Any responses to the above conunents may be helpful at the DRC meetmg, but addItional
comments wtll be prOVIded at the DRC meetmg The above cO!ll-ments and comments you WIll
receIVe at the DRC rneetmg must be addressed and reVIsed documents submItted to the Plmmmg
Department by noon on January 5, 20b4 (15 copIes of all submittals)
December 8, 2003
Ghovaee - Pqge 4
The Development RevIew Committee will review the apphcatlOn for sufficiency on December
23,2003, III the Plannmg Department conference room - Room 216 - on the second floor ofthe
Mumc1J;Jal Serv1ces Bmldmg, 100 South Myrtle Avenue, m Clearwater Please call Sherne
N1codemlls at 562-4582 no earlIer than one week pnor to the meeting date for the approximate
time that your case WIll be revIewed You or a representatlVe must be present to answer any
questIons that the commIttee may have regardmg your apphcatIon
If you have any questIons, please do not hesitate to call me at 727-562-4504
zomng mfOffi1atlon for parcels wlthrn the CIty through
w\vw myclearwatel com!gov/depts/planlllng *Make us your favonte'
You can access
our webslte
Smcerely,
~7,c~ ~lS'~~
Semor Planner
\ IMS5c\PDSIPlrmlllng Dep{lrtmenllC D B IFLLXlPendmg cases\Up far the nexl DRCI Wmdward Passage 202 Residences @ Wmdward Passage
(H DR) I Wmdward Passage 202 Complete Leller doc
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FAX COVER MEMO
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CITY OF CLEARWATER
PLANNING DEPARTMENT
100 S. MYRTLE AVE.
CLEARWATER, FL 33756
(727) 562-4567 FAX: (727) 562-4865
TO: Va.. "'('eo.. ~r ;,s
FAX: .:& 4-l\--1o - ro01l,
Phone. +4), .. 2.. '0 V '1
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CITY OF CLEARWATER
PLANNING DEPARTMENT
100 S. MYRTLE AVE.
CLEARW A TER, FL 33756
(727) 562-4567 FAX: (727) 562-4865
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Northside
&~ s~ 1ne,
CIVIL e
LAND PLANNING.
ENVI RONMENTAL ·
TRANSPORTATION G
January 5, 2004
City of Clearwater
Planning Department
POBox 4748
Clearwater, Florida 33758-4748
AttentIon
Wayne M Wells, AICP, Senior Planner
Reference FLD2003-11059 Residences At Windward Passage
Condominiums - 202 Windward Passage
NES Project # 348
Dear Wayne,
Our client IS Intending to redeSign the proposed bUilding and site In order to
free up additional land area for adequate retention and landscaping We Will
be submitting revised draWings on or before January 29, 2004 for the March
4,2004 DRC meeting
If you have any questions regardmg thIs project, please don't heSItate to call
me at (727) 443-2869
Very truly yours,
NORTHSIDE ENGINEERING SERVICES, INC
\\:UC" ~~~
Debra A Hams, Senior Planrl-€f
J
601 CLEVELAND STREET, SUITE 930
CLEARWATER, FLORIDA 33755
NESADMIN@MINDSPRING COM
N ESTECH@MI N DS PRI NG COM
727 443 2869 FAX 727 446 8036
HDC
HAIDER DEVELOPMENT CORPORATION
Real Estate Develooment Consult,ng
Copilol formohon
Mr Wayne M. Wells, AICP
Semor Planner, Planning Department
CIty of Clearwater
100 South Myrtle Avenue
POBox 4748
Clearwater, Flonda 33758-4748
100~_tJ Ii \VJ fw" ,I
Ii I "I' JAN 1 6 20114 U
_I....l
h/\l''iNING b CH t:l CJPN'fNT S VC\:J
__ CITVOFCI EAPWATER
January 15, 2004
Dear Wayne,
I am very apprecIative of the tIme you, ChIp Gerlock and Mark Manano spent with us last
week I delayed sending you this letter because I wanted to investigate further any
alternatives that our architect or engineers may have to resolve the problem Unfortunately,
we have concluded that we can not resolve thIS Issue maintaining the same aesthetIc
standards for the prolect
As you and Chip Gerlock suggested I am sending you thIS letter requesting your
Department's support In our increaSing the heIght to five stones above FEMA (1 e from
currently deSigned 50 feet over FEMA to 65 feet over FEMA) The follOWing IS an
abbreViated sequence of events that has led to thiS request.
III On November 20, 2003 we submitted a site plan approval package for DRes revIew
Although the sublect property has a HDR zoning, consistent With our ongmal plans that
we discussed With the City, we designed a four-story budding over FEMA and submitted
these plans for the DRC revIew Pursuant to receiving DRes revIew comments In mld-
December, we met With you and others m your team to d,scuss how we can accompl.sh
all of your requested changes The only malor Item that we were unable to resolve was
the SIte engmeenng speCIfically the water retention Issue. Our engmeers have discussed
the subject subsequently With the City Engmeer and were Informed that we may be
allowed to create the retention area In a 50% vault and 50% open confIguratIon as that
has been done In the past. We greatly appreciate City's help In this regard however we
are concerned that Inasmuch as this IS qUite helpful It may stdl not be the most optimal
aesthetic alternatIve especIally when we are addressmg a luxury condominium prolect
II' Therefore we met WIth you last week to discuss the pOSSibIlity of rOlsing the bUIlding
height to five stones over FEMA lor 65 ft over FEMA as compared to the current
10719 Boca Pomle Dnve Orlando Flonda 32836 Telephone (407) 909 1444
FaCSimile (407) 909 1446 E-rnOlI SHaider@HDCdlred carn Webslte www HDCdlrect corn
HDC
January IS, 2004
Page (2)
design of 50 ft over FEMA). We believe that If we were to raise the bUilding height by
one floor we will be able to reduce the building footprint and free up land for retention
This would result In Improved aesthetics of the site while we may still use vault and open
retentIon confIguratIon not to exceed 50% ratIo as required by the City Engineer We
believe that increasing one residential floor height will conSiderably Improve the overall
prolect and speCifically the site aesthetics At this stage we believe that thiS IS the best
alternative conSidering the water retention Issue and would request your support In this
matter
We greatly appreciate everyonefs support and help to date and look forward to our workmg
together Because of the conSiderable redesign that will be precipitated from this change, we
have deCided to submit our revised package for Site plan Approval on or before February
27 deadline
If you have any questions please call me on my cell phone (407) 739 - 1070
With best personal regards, I am
~~
Salman A Halder
PreSident
~
-
- -~
WINDWARD PASSAGE CONDOMINIUMS, LLC
Mr Franl< Gerlock
Development Review Manager, Planning Department
City of Clearwater
100 S Myrtle Ave
POBox 4748
Clearwater, FL 33758-4748
March 3, 2004
Dear Chip,
We greatly appreciate you and Mrs Tarapanl taking the time to meet with us As per
your request we have prepared a comparison of pertinent areas such as the footprint,
gross bUilding area and net saleable area In a four-story structure (over FEMA required
height) as submitted on November 20, 2003 for the DRC revIew versus the five-story
structure (over FEMA required height) as submitted for DRe review on February 27,
2004 This comparison IS as follows
-(1) ---- (2) - -r
I Four Slory I Five Story I
Structure _ Str.!Jcture
(1-2)
Difference
-- - l
I
,
L
Areas of Comparison
I
j
j
,
----1
1-
_ ___5Q,_~~QJ;!f 39,700 SF 10,690 SF I
201,560 SF I 19;~;0-~F I~,~~~ SF [
50 390 SF_------;~7-00 -~F j -'0:6~0 ~.Fi
167,564 SF I 136,440 SF 31,124 SF I
I '
55 0 I
1141 0 I
--~J-
55
,
r Foot ~r1nt ---- ------
I Gross BUII~~nQ. ~r~~JUnlts w/Balcorues)
I Gross BUilding Area (Parking Garage Footprint)
r Net Salable Area (Umts W;BaICOmeS)
t
I
I
I
I Number of)~€!~I~g SPllce~ _ _ nn __ j ___ ~ 11j
1 ~l!.mber ot Pnvate GaragEJ~ n _ _ -- _ _ _I
li Distance - Residential BUilding to East (Southern most,
portion of Property IInEJ)_ _~_ __ n___ ' __
: I~;;a"c' - R,,,deot:, Bwld<09 to Northwest ~~P.rtyJ _ n ___30 Ft
Number of Umts
_'5}
-~I
10Ft
75 Ft
65 Ft
50 Ft
20 Ft
The above Table Illustrates that the change from four to five stones has not Increased
our revenue potential but In fact has reduced It The unit count has remained the same
while our saleable area has reduced by approximately 19% or 31,124 SF Further, due
to the CIVil engineering requIrements for a larger land area for retention than what was
contemplated In the four story plan, we moved the water retention from the street Side to
the northeast quadrant which resulted In redUCing the parking count ThiS precIpitated In
our deCISion to take out
10719 BOCA POINTE DRIVE ORLAl'JDO FLORIDA 32836 TELEPIIONE (407) 909 1444
FACSIMILE (407) 9091446 E-MAJL SHAIDER@HDCDIRECT COM WEBSITE WVlW
HDCDIRECT COM
WINDWARD PASSAGE CONDOMINIUMS, LLC
Letter to Mr Frank Gerlock
Page (2)
pnvate garages to maintain the desired parking count At a significant loss of potential
revenues this change has actually Improved the site and the surrounding area aesthetics
and has produced wider vIew cOrridors The five story structure IS 75 feet from the
southernmost property line versus 10 feet In the four story plan This should give a lot of
comfort to the residents Immediately abutting our site The bottom line IS that we have
reduced our overall revenue potentIal to create this five story plan
Our desire IS to develop a high quality product of which we can all be proud of and the
area resIdents and the new home owners can enJoy this beautiful new addition to Island
Estates and Clearwater
If you have any questions or reqUire addItional rnformatlon please call me on my cellular
phone (727)902-1444
With best regards, I am
Sincerely yours,
Salman A Harder
Copy Larry Cooper
Housh Ghovaee
Debra Harris
Walt Chancey
Greg Archer
Barbara Nordlund
10719 BOCA POINTE DRIVE ORLANDO FLORlDA 32836 TELEPHONE (407) 909 1444
FACSIMILE (407) 9091446 E-MAIL SHAIDER@HDCDlRECTCOM WEBSITE WWW
HDCDIRECT COM
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CITY OF
CLEARWATER
loNG RANGE PL"'''N]NG
DEVELOPMENT REVIEW
PLANNING DEPARTMENT
POST OrFlcE Box 4748, CLEARWATER, FlOR]DA 33758-4748
MUNICIPAL SERVlCFS BUIlDING, 100 SOUTH MYRTLE AVENUe, CLEARWATER, FLORIDA 3)756
TELEPHONE (727) 562-4567 FAX (727) 562.4576
March 9,2004
Mr Housh Ghovaee
NorthSlde Engmeenng ServIces, lnc
601 Cleveland Street, SUIte 930
Clearwater, FL 33755
Re FleXIble Development approval to penn]t 55 attached dwellIngs m the HIgh Dens1ty Res1dentlaI
D]sh Ict WIth reductions of the front (south) setback along Wmdward Passage from 25 feet to 15
feet (to buddmg), from 25 feet to 13 feet (to pavement) and from 25 feet to 12 feet (to dumpster
stagmg area), reductIons of the rear setback from 15 feet to 10 feet (to bUlldmg), from 15 feet to
nme feet (to pavement) and from 15 feet to zero feet (to boardwalk) and an Increase m buIldmg
he1ght from 30 feet to 60 feet, WIth an addlhonal e1ght feet (from roof deck for penmeter
parapets) and an additional 23 feet for elevatorlstalrcase towers, as a ReSidentIal Infill ProJect,
under the provIsIOns of Section 2-504 F (retammg the eXlstmg floatmg docks for sole use by the
property owners) (Case FLD2003-1 1059,202 Wmdward Passage)
Dear Mr Ghovaee
The Planmng staff has reviewed your apphcatlOn for FleXible Development approval as referenced above
for the property at 202 Wmdward Passage After a prelImmary review of the submitted documents, staff
has determmed that the applIcation ]s complete
The Development ReView Committee Will review the apphcatIon for suffiCIency on Apnl 1, 2004, m the
Plannmg Dcpartment conference room - Room 216 - on the second floor of the Mumclpal ServIces
BUlldmg, 100 South Myrtle Avenue, III Clearwater Please call Angel Hames at 562-4579 no earlier than
one week pnor to the meetmg date for the approximate time that your case w1l1 be reviewed You or a
representative must be present to answer any questions that the eomnuttee may have regardmg your
applicatIOn
If you have any questIOns, please do not heSItate to call me at 727-562-4504 You C:,ln access zomng
mfonnahon for parcels wlthm the City through our webs1te www mvclearwater comlgov/depts/plannmg
*Make us your favontel
Smcerely,
~~l~~s,%~
Semor Planner
\ \MS5clPDSIPI(lIlmng DeparlmenrlC D BIFLE).lPelldmg cases I Up fo~ the nI:xt DRCI Wmdwm d Passage 202 Resiliences @ WmdwOId Possage
(HDR)IWmrlwa~d Passage 202 Complere Leiter #2 doc
BRIAN J AUNGST, M,WOR-COMM[~SIONlR
Hon HAAlII.1 01\, VIO MAYOR-COMMI~'iIONrR WHITNEY GRAY, (01111['0.,[0,\1 R
rlV,NK HIHB/IRD, (OMI\U"'iICJNfR * fill I ION'oON, COMIII"IONrR
"F QUAI F MPl OYMri'H ",ND A~ IIl\Mi\ IIVI AClIQN F M PI OYFR
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FAX COVER MEMO
-
CITY OF CLEARWATER
PLANNING DEPARTMENT
100 S. MYRTLE A VEo
CLEARW A TER, FL 33756
(727) 562-4567 FAX: (727) 562-4865
To:--JAJ~\"h- ~t\~
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FROM: 'WClA\.-JL Wt\\-S Phone:~\a2- - 4-;rOt-
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1 :55 pm Case Number, FLD2003-1 "1J9 -- 202 WINDWARD PSG
O\\ner(s) HIGH & DRY MARiNA INC
202" WINDWARD PSE
CLEARWATER, FL 33767
TELEPHONE No Phone, FAX No Fax, E-MAIL No EmaIi
Apphcant WmDW ARD PASSAGE CONDOMINIUMS L
10719 BOCA POINTE DRIVE
ORLANDO, FL 32836
TELEPHONE 407-909-1444, FAX 407-909-1446, E-MAIL No EmaIi
Representative. HOUSH GHOV AEE
60 I CLEVELAND STREET
CLEARWATER, FL33755
TELEPHONE 727-443-2869, FAX 727-446-8036, E-MAIL nestech@mmdspnng com
LocatIOn 1 83 aCles located on the north slde'ofthe westelll termmus ofWmdward Passage
Atlas Page: 267 A
Zoning District C, Commercial
Request FleXible Development approval to permit 55 attached dwellmgs In the High Densny ReSldentml Dlstnct
With reductIOns to the front (south) setback along Wmdward Passage from 25 feet to IS feet (to bUIldmg),
from 25 feet to 13 feet (to pavement), from 25 feel to 10 feet (to screenll1g wall and Sidewalk) and fTom 25
teet to 12 feet (to dumpster stagmg area), reductIOns to the rear setback from 15 feet to 13 8 feet (to pool
deck) and from 15 feet to zero feet (10 boardwalk) and mcreases to bUlldmg height fTom 30 feet to 60 feet
(to roof deck), With an iiadltlonal eight feet for penmeter parapets (from roofdeck) and an addItional 23
feet for elevator/staIrcase towers (from roof deck), as a ReSidential Infill PloJect, under the prOVISions of
SecTIon 2-504 F (retammg the eXlstmg floatmg docks for sole use by the property owners)
Proposcd Usc. Attached dwellmgs
Neighborhood CLEARWATER BEACH ASSOCiATION
AssoClahon( s). CLEAR WATER, FL 33767
827 MANDALA Y AVE
TELEPHONE 727-446-5801, FAX No Fax, E-MAIL dmacnav@att netl
Presenter Wayne Wells, SenIor Planner
Attendees Included CIty Staff Wayne Wells, Chip Gerlock, Scott Rice
ApphcantlRepresentatlve Housh Ghovaee, Debra Hams, Sal Halder
The ORe reViewed tillS apphcatlOn With the followmg comments:
General Engmcermg
I I) F D C connectlOns for boat docks and How Thru Hydrant camlOt be Installed on a restricted
pipeline
2) Does the llew F D C connection meet a nUll1mum of 15 ft from bU1ldlllg?
3) Show cross sectlOn of stag1l1g area
All of the above to be addressed pnor to COB
Pnor to C 0
1) Condo plat to be recorded (Need to grant a Sidewalk easement for Sidewalk around
cul-de-sac)
Envlronmenta I.
Flonda DEP Storage Tank regulatIOns Will apply lftanks are belllg removed or returned to
serviCe
Fire
Best ,Copy
Ava~lable
Development ReView Agenda - Thursday, Apnl 1,2004 - Page 32
SHEET C5 1 Stl\jW 4" INCH PVC DR 14 UNDERGROUND t-Ir'ING FOR THE OUTSIDE
REAR STANDPIPE, SHEET C6 2 SHOW DETAIL OF 3" INCH PVC SC 40 PLEASE
MAKE CORRECTION TO MATCH SHEET C5 I AND PROVIDE DETAILS FOR OF A
DOUBLE THREADED 2 1/2" HOSE CONNECTION EQUIPPED WITH Al 1/2" INCH
HOSE REDUCER WITH CHAIN INDICATE ON OWG PRIOR TO CDB
ENSURE ADHERENCE WITH NFPA 14 THE STANDARD FOR STANDPIPES AND
PRIVATE HYDRANTS INDICATE PRIOR TO BCP
CODE SUMMARY TO REFLECT ADHERENCE TO FLORIDA FIRE PREVENTION
CODE-2001 EDITION INDICATE PRIOR TO BCP
ENSURE THAT DWGS HAVE BEEN PREPARED BY OR UNDER THE DIRECTION OF
AN ENGINEER REGISTERD UNDER CHAPTER 471 FLORIDA STATUTES FOR ALL
ALTERATION, MODIFICATIONS, REPAIRS OR ADDITIONS TO ANY FIRE
DETECTION OR FIRE ALARM SYSTEM AS PER FLORIDA BUILDING CODE 2001
EDITI0N SECTION 104 4 13(5) DWGS SHALL BE SIGNED AND SEALED BY A
PROFESSIONAL ENGINEER AS PER 471 02;; FLORIDA STATUTE INDICATE PRIOR
TO BCP
PLANS SUBMITTAL MUST INDTCATE COMPLIANCE WITH THE FOLLOWING
CODES FLORIDA FIRE PREVENTION CODE 2001 EDITION, NFPA 142000 EDITION,
NFPA 72 1999 EDITION, NFPA 13 1999 EDITION, NFPA 101 2000 EDITION, NFPA 70
(NATIONAL ELECTRIC CODE) 19,99 EDITION ALONG WITH 4A-47 & 4A-48 AND F S
633 INDICATE PRIOR TO BCP
INSTALL KNOX BOX KEY SAFE FOR EMERGENCY ACCESS AS PER NFPA-I 3-6
INDICA TE PRIOR TO BCr
FIRE PROTECTION APPLIANCES (FIRE DEPARTMENT CONNECTION (FDC) SHALL
MAINTAIN A CLEARANCE OF 7112' FEET IN FRONT AND TO THE SIDES OF
APPLIANCE AND, CLEARANCES OF 71/2' FT IN FRONT OF AND TO THE SIDES OF
THE FIRE HYDRANT, WITH A 4' FT CLEARANCE TO THE REAR OF THE
HYDRANT ARE REQUIRED *** NOTE*** THIS INFORMATION NED TO BE
INCLUDED IN THE HOA DOCUMENTS INDICATE ALL PRlOR TO BCP
Harbor Master
No Comments
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Legal:
No eomments
Land Rcsources'
No Comments
Landscapmg:
I 3/4/2004 (A_D)
Add a few pond or bald cypress III the reJentlOn alea to complete the perimeter
12/1/2003 (A_D)
Plan does not meet the requuements of peflmeter plantmgs m Code SectIOn 3-1202 D
37 Irees reqUired on penmeter or eqUlvilent ill palms & ornamentals as allowed III Code
2 same conunent
12/1/2003 (A_D)
Per SectIOn 3-1202 n I Code reqUires trees to be 10' ill height and 2 1/2" eal at plantmg,
omamwlal trees can be 8' ill heIght and 2" cal , and pallTL5 must be 10' clear and straIght trunk a 1
plantmg Make changes 111 Legend ~nd subITllt reVIsed page for review
3 Many plants are 1101 labeled or labeled mcorrectly "HI" IS "HT" on the plan and the "FP" IS
shown al 14" to 16" 0 A where tillS should be In feet and C T (clear trunk) SAubnut reVIsed
plan for review
Parks and RccreatlOn:
] RecreatIOn Land and RecreatIOn Facllity mIpact fees are requrred to be paid pnor to Issuance of
bUilding penrut Open Space Impact fees will not app ly I f the bUilding coverage Increase IS less
than 50% of eXlstmg Per site data table, bUilding coverage IS illcreasmg from 38,584 sfto
42,832 sl Contact Deb Richter at 727-562-4817
Stormwater'
No Conunents
Solid Waste:
Development ReView Agenda - Thursday, April 1,2004 - Page 33
~
"
J Recyclmg IS'I",yurred Have you planned for space for contamc.~ (90 Gallon carts, mll1lmUm
needed = 4)
2 Are trash chutes/trash rooms belllg provided') If not, show dumpster locatlOn(s) and
enclosun.(s), meetlllg City Code reqUirements
Traffic Engmeermg'
I I Parallel parkIng spaces must be 8' wide excludmg gutter
All of the above to be addressed pnor to COB
Traffic Impact Fee to be detemnned and paid pnor ~o C 0
Planning
Development RevIew Agenda - Thursday, Apnl I, 2004 - Page 34
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3/24/04 - WW
Show waterfront VIS1 blhty tnangles at both corners of property at the seawall on Sheets C3 1 and
Ll 1, meetmg Code provISIOns
12/11/03 -ww
ReconfigUle the waterfront vIsibility tnangle at the northem property Ime at the seawall to Code
proVISIOns
2 3/24/04 - WW
Curb With verTIcal curbmg the edges of the western dn veway, the east edge of the eastern
dnveway and the south edge of the dumpstel stagmg area
12/11/03 - WW
Curb the,edges of the western dnveway and southern edge of the handicap parkmg space
3 3/24/04 & 12/1 ]/03 - WW
Whlle the leql,!est IS bemg processmg as a ReSidential 1nflll Project, need to proVide JustIficatiOn
as 10 how Ihe proposal meets the crllena for attached dwellings "The eXlstmg structures along
the Same slde of the road have been constmcted WIth lITegular setbacks and the proposed
reductIOn 1Il fI ont setback will not be out of character With the neighborhood," and "The ex lent to
wh1ch eX1stmg structures m the neighborhood have been constructed to a regular or umfonn
setback from the nght-of-way" T f It cannot be JUStl fied, a deViatIOn from one or both of these
cntenons wIiI be reqUlred
4 3/24/04 - WW
The "retentIOn basm detail" on Sheet C6 liS mconslstent WIth the gradmg elevations stated on
Sheet C4 1 ReVise
12/11/03 - WW
The "retentton basm deta11" on Sheet C6 1 IS Ulconslstent With SectIOn A-A on Sheet C4 I
ReVise/remove There IS no Improvement proposed^to the parkmg area III the southeast portIOn of
the site It 15 recommended to revise thiS parking area to prOVide landscape areas m accordance
With Code provlSlons (or ask for reductIOns where necessary), mcludmg Improvements to traffic
[low, n~mQer ofparkmg spaces, landscape buffers, mtenor landscapmg, loadmg space and
dumpster( s) enclosure( s)
5 3/24/04 & 12/11/03 - WW
Depict by shadmg or crosshatchlllg all leqUlred parking lot mtenor landscaped areas on Sheet
C3 1 PlOvlde III the site data table on Sheet Cl 1 the square footage of paved vehicular use mea
outSide of the footpnnt of the proposed bl\ildmg and the amount of mtellor landscape area
proposed (minimum of ] 0 percent of the vehicular use al ea [not under the bUlldmg]) Ensure
calculatIon on Sheet ell ma !ches the actual square footage bemg proVided
6 3/24/04 & 12/11/03 - WW
Show on Sheet C3 1 struchlral overhangs (baJcomes and/or eaves) and the distance from the face
of the bUlldmg
7 3/24/04 - WW
PrOVIde slgn package for any proposed freeslandmg or attached sIgns, mcludmg the setback from
the property Ime (freestandmg sign), and the helghl, area and color
12/11/03 - WW
Provide sign package, mcludmg the proposed selback from the property lme, and the height, area
and color ofprQPosed slgnage Section 3-1806 A 2 allows "one fleestandmg IdentIty Sign per
entrance mto a multlfamIiy development of no mOTe than 12 square feet of total SIf,IJ1 face per
sign," "the heIght ofa freestandlllg Slgll shall not exceed SIX feet" and "a freestandmg IdentIty
Sign shall mclude the address of the property on which the Sign IS to be located" A
ComprehenSive Sign Program Will be reqUITed Ifthe slgn(s) exceed the above proVISIOns
8 Four handicap parkmg spaces are reqmred ,!nd only two spaces are proVided ReVise
9 Unclear as to the"need for the sidewalk III front of the southern row of parkmg Provlslon of thiS
Sidewalk reduces the amount of Jandscape area and land",capmg that could be planted III fronl of
the bUlldlllg, and Will reqUIre a reductIOn to the front setback Suggestion IS to remove the
Sidewalk and relocate the low wall back to be adjacenl to tne front or the parkmg spaces
10 Sheet C3 liS 100 busy With ll1fOffi13tlOll bemg portrayed Need to clearly mdlcate where the
bUlldll1g lme IS (whether on the ground or above on first floor), mcludmg Ime weight or
open/sohd Imes Also unclear IS the d'!shed lines and theu slgmficance to the project review
Suggest removmg some of the shadmg or crosshatching, which makes It difficult to understand
[ I Based on the front (sollth) bUIlding elevatIOn, It appears thai there are colunms at ground level for
the front of the bUildmg, mime baSically Wlth the front of the southern parkmg ro\'; Show on all
CIVil site plan sheets Also, blacken these columns (rather than gray shaded) on Sheet A-101
Development ReView Agenda - Thursday, Apnl 1,2004 - Page 35
(
12 Indicate Ll1 the sltvuata table on Sheet Cl I the front setback to the vluldmg AdditIOnally,
dimenSIOn the setback on Sheet C3 1
13 it appears "that, as part of tlm request, a five-foot wide boardwalk IS bell1g proposed on the
waterside ofthe seawall TIllS IS construed to fall under the dock prOVISiOns of the Code a-nd all
provIsIOns and requlfements for docks must be-subnntted With dus application Suggest
removl11g such boardwalk at thiS time and melude such under a dock request m the future
AlIemate1y, the "descnptloll of requests" m Exh1blt A mdlcates that a zero feet rear setback IS
requested to the proposed boardwalk Iflt was mtended to have the boardwalk on the land Side,
then reVise Ihe site plan
14 Provlde,dunenSiOns to all parts of the bmldmg, pavement, accessory structures (mellldmg pool
deck and arbors), etc to property ]mes on'Sheet C3 1 for accuracy of advertlsmg and mc\ude
~uch setbacks III the site data table on Sheet Cl I
15 Remove proposed FAR from site data table on Sheet C I I Project will be reviewed based on
densl~y and ISR
16 A landscaped sohd four-foot h1gh wall or fence IS reqUired to screen all parkmg from streets and
adjacent plOpertles Ind1cate on site plqn and landscape,plan
17 Suggest removing whee] stops In the center palkmg rows under the bUlldlllg to aVOld tTlppmg
occurrences
18 DImensIOn the Width of landscape Islands on Sheet G3 1
19 ReVise the request to tha t mdlcated ProVide j ush fica tiOn through the cntena for these reductIOns
and deViations
20 Legal descnpllon mcludes submerged lands to the north (OR Book 5885, Page 2178) Survey
meludes these submerged lands InClude III slle plan (may be a separate sheet that shows the
relatIOnship of the mam upland are,! to these submerged lands) Narrat]ve needs to mcJude the
mtentlons for these submerged lands
2] Show stairs m southeast porhon oflhe site (next to elevators) on all site plan sheets
22 Site plan mdlcates an apparent trelhs-type structure west of the pool If such, please label
23 PlOv]de on the elevatIOns the typlca] matenals and color of the exterior of the blllldmg elements
ProVide colqr samples/chips for the proposed colors
24 Code pemuts parapets to extend above the roof deck 30-mches Without any speCIal approvals
The proposed mansard/parapet IS eight feet above the roof deck TIus lllcreased height Will need
to be mcluded m the request, With appropnate jusl1ficalion
25 Code pemuts elevator, starr, inechalUcal rooms and like facilities to extend a m<txlmum of 16 teet
above the roof deck The proposed elevator, stair and mechamcal rooms extend 23 feet above
the t oof deck U nelear why the proposal could not be reduced to the maximum of 16 feet above
the roof deck Otherwise, the lllcreased heIght WIll need to be part of the request, With detailed
explanatIOn or Just1fkatlOn as to why the Code hnutat]on cannot be met
26 After revlewmg the tape of the City ConmusslOn meeung dea]mg with the land use amendment
and rezonmg for thiS property, where there was much dlsct!sslOn iegaldmg the anticipated height
of the residenl1al structure, Staff Will not support a bUlldmg heIght greater dlUn 50-52 feet above
FEMA elevatIOn
27 In the Nanat]ve under "HIstOry," it IS stated 111 the next to last sentence that the pnor proposal
(reViewed at the 12/23/03 DRC meetmg) was gomg to exceed the maximum ImpervIOUS surface
ratio of 0 85 ThiS IS mcorrect, as the Site data table 1l1correctly listed the ISR as 095 when It
should have been 0 82 (open space of 0 ] 8) ReVIse statement, as the project met the himtalion
28 Revlse'the Narrative for ResldentHlI Infill Project cntena #7 to Identify the top of the roof deck at
~O teet above BFE, the parapet at 68 feet above BFE and the top of the elevator/mechalllcaI
towers at 82 75 feet (rounded to 83 feet) above BFE
Other'
No Comments
Best Copy
Available
Development ReView Agenda - Thursday, Apnll, 2004 - Page 36
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FAX COVER MEMO
CITY OF CLEARWATER
PLANNING DEPARTMENT
100 S. MYRTLE AVE.
CLEARW A TER, FL 33756
(727) 562-4567 FAX: (727) 562-4865
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Mar 26 2004 05:19PM
YOUR LOGO
YOUR FAX NO.
Clt~OrClearwater-Plan Dept
727 562 4865
NO OTHER FRCSIMILE
01 94460271
STRRT TIME USRGE TIME MODE PAGES RESULT
Mar 26 05:14PM 04'57 SND 12 OK
TO TURN OFF REPffiT. PRESS · MENU' I:UM.
THEN SB...ECT OFF BY US I NG · +' OR · -' .
FOR FAX ADVANTAGE ASSISTANCE. PI...EA5E CALL l-000-HB.P-FAX (435-732'3).
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FAX COVER MEMO
CITY OF CLEARWATER
PLANNING DEPARTMENT
100 S. MYRTLE AVE.
CLEARW A TER, FL 33756
(727) 562-4567 FAX: (727) 562..4865
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CIVIL.
LAND PLANNING.
ENVI RONMENTAL .
TRANSPO~nATION .
LETTER OF TRANSMITTAL
Date September 21,2004
To City of Clearwater Planning Department
100 S Myrtle Avenue
Clearwater, Florida 33758-4748
Attn Wayne M Wells, AICP
Reference FLD2003-11059 Residences at Windward Passage,
NES Project #0348
We Transmit (X) Enclosed () Under Separate Cover
( ) Mall ( ) Courier
o Pick-up (X) Hand Delivered
(X)Onglnals
o Prints
( ) Addendum
( ) Shop Drawings
( ) Specifications
o Applications
( ) Floppy Disk
o Per Your Request (X) For Your Review & Comment
o For Your Use ( ) For Your Approval
( ) For Your Files ( ) For Your InformatIon
COPIES DATE DESCRIPTION
1 Cover Letter
1 PreViously approved site and landscape plans
(2 sheets)
1 Proposed revised site and landscape plans and
elevation of reVised "trelliS" structure at pool
side (4 sheets)
Comments Please revIew the proposed reVISions at your very next Staff
meeting for consideration of Administrative approval Please do not
hesitate to contact thiS office should you have any further questions
or comments reqardlnq thiS prolect
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By /' x (~ IJ>. ~I~
Debra A Butler, Execu Ive Vice PresldenUPlanner
601 CLEVE LAN D $Tf! E ET, SU ITE 930
CLEARWATER FLORI DA 33755
NESADMIN@MINDSPRING COM
NESTECH@MINDSPRING COM
727 443 2869 FAX 727 446 8036
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Page 1 of 1
Wells, Wayne
From Wells, Wayne
Sent Tuesday, September 28, 20044 54 PM
To 'debra@northsldeenglneenng com'
Subject RE Residences at Windward Passage
Debra -
WI th 13 cas es on the next COB agenda wh ere I am th e ca se plan n er, S ta ff Reports are req u I red to be d rafted by
this Fnday Additionally, draft DRe comments are to be Issued thIs Fnday for the October 7th ORe meeting I
have two cases on the next agenda that stili need to be fully revIewed by me pnor to sending out the comments
With only two of the 13 St9ff Reports drafted so far for the next COB agenda, It would appear that I would
probably not be able to review the proposed changes for thiS project until next week at the earliest
Wayne
.----Onglnal Message-----
From: Debra Butler [mallto debra@northsldeenglneenng com]
Sent: Tuesday, September 28, 20049 22 AM
To: Wells, Wayne
Subject: ResIdences at Windward Passage
Importance: High
Wayne,
Doreen passed along the word that you had not had a chance to review the proposed changes Before I
relay that to Mr Halder could you give me an Idea of when Staff may look allt? Please?
Debra A. Butler, ExecutIvc VIce PresldcntlPlannel
Northslde EnglllcellIlg Services, Il1c
60 I Cleveland Sheet, SUIte 930
Clcal\vater, Flonda 33755
(72 7) 443-2869 - phone
(727) 446-8036 - fax
9/28/2004
Wells, Wayne
From
Sent
To
Cc
Subject
Dittmer, Arden
Tuesday, September 28, 2004831 AM
'debra@norlhsldeenglneenng com'
Gerlock, Chip, WeHs, Wayne
RE The Residences Al WIndward Passage CondominIums
Debra,
The landscape looks f~ne, but need a few ~tems addressed plant l~st and plan are
not very clear as to the ~ntended locatlon of the materlals Some landscape areas should
be added back ln to the pool deck area, perhaps Qu~en palms wlth tree grates and some up
llght~ng for eveolngs by the pool Add~tlonally a v~ne located on the arbor would create a
softened look and cast a llttle shade whlle belng low 10 malntenance
Wlth that sald, the case planner lS go~ng to have to evaluate your subm~ttal as a
mlnor amendment (If so deemed) and ~t wlll be up to h~m and management to accept or deny
your request for the proposed changes
slncerely,
Arden Dlttmer
planner I
an9 Landscape plans Rev~ew
emall arden dlttmer@myclearwater com
Please V1Slt www myclearwater com
-----Orlglnal Message-----
From Debra Butler [mallto debra@northsldeenglneerlng com]
Sent Wednesday, Septem~ber 22, 2004 12 05 PM
To Watk~ns, Sherry
Cc Gerlock, Chlp, Dlttmer, Arden
S~bJect The Reslctences At Wlndward Passage Condomlnlums
Importance Hlgh
Sherry,
Yesterday I had our runner drop off a package to wayne's attentlon
regardlng some proposed changes to the pool and pool deck area and
landscap~ng of the above named proJect There were coples of what CDS
approved (slte and landscape plans) and the proposed changes to the slte
(pool and deck area) and landscape plan Our cllent ~s asklng lf at all
posslb1e that these proposed reV~Slons be rev~ewed at your next
ava~lable staff meetlng (thlS com~ng Monday?) so that he would know
rather qUlckly ~f these changes could be ,approved In-house
A landscape archltect was hlred by our cllent to prepare the changes to
the hardscape (pool deck and pool area) and In so dOlng he also changed
the landscap~ng of the ent~re Slte Would you please see what you can
do to have thlS rev~ewed qUlckly by staff? I know that Wayne lS out the
rest of the week so Just wanted to brlng thls to everyone's attentlon as
tlm~ng lS cruclal for our cllent
Debra A Butler, Executlve Vlce Pres~dent/Planner
NorthSlde Englneerlng Servlces, Inc
601 Cleveland Street, SUlte 930
Clearwater, Florlda 33755
(727) 443-2869 - phone
( 72 7) 4 4 6 - 80 3 6 - fax
1
Page 1 of 1
Wells, Wayne
From
Sent
To
Subject
Importance
Watkins, Sherry
Wednesday, September 22,20041 41 PM
Wells, Wayne
FW The ResIdences At Windward Passage Condominiums
High
_unOnglnal Messagenn-
From. Debra Butler [mallto debra@northsldeenglneenng com]
Sent: Wednesday, September 22, 2004 12 05 PM
To. Watkins, Sherry
Cc. Gerlock, Chip, Dittmer, Arden
Subject: The ResIdences At Windward Passage Condominiums
Importance: HIgh
Sherry .
Yesterday I had our runner drop off a package to Wayne's attention regardIng some proposed changes to the
pool and pool deck area and landscaping of the above named project There were copies of what CDB approved
(sIte and landscape plans) and the proposed changes to the site (pool and deck area) and landscape plan Our
client IS asking If at all possIble that these proposed revIsIons be reviewed al your next available staff meeting
(this comIng Monday?) so that he would know rather qUickly If these changes could be approved In-house
A landscape architect was hired by our client to prepare the changes to the hardscape (pool deck and pool ~rea)
and In so dOing he also changed the landscaping of the entire site Would you please see what you can do to
have thiS reviewed qUIckly by staff? I know that Wayne IS out the rest of the week so Just wanted to bong thiS to
everyone's attention as tIming IS crucial for our dent
Debla A Butlel, Exccutlve Vice PrcsldentlPlanner
N 0-1 thslde Engl11ccnng Sel Vices, I nc
601 Cleveland Street, SUIte 930
CleanvdteJ, Flonda 33755
(727) 443-2869 - phone
(727) 446-8036 - [JX
10/17/2004
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C I T Y 0 F
CLEARWATER
LONG RANGE Pb\NNl/'o.lG
DrvEI OPMEN I -RiVIc-W
PlANNING DEPARTMENT
PQ'lT OFFICE Bo\. 4748, CllcAR\XiA1TR, FLOJUDA 33758-4748
MuNICIPAL SCRVlCES BUilDING, 100 SOUTH MYRILl: A\ffNUF, CLE.ARWAfER, FI_ORIDi\ 33756
TI:LEI'HONl: (727) 5.62-4567 FAX (727) 562-457D
July 1,2004
Mi Salman A HaIder
Mr Lany T Cooper
The Residences at Windward Passage
140 Island Way #299
Clearwdtel, FL 33767
Re Mmor RevIsIOns for FLD2003-I 1059 - 202 Wmdward Passage
Dear Ml<.;ter,> Halder and Cooper
On May 18, 2D04, the Commumty Development Board (CDB) approved with SIX condItIOns the above
referenced C<lse, which was a Flexible Development appheatlOl1 to permIt 55 attached dwellings 111 the
HIgh DensJty Resldentlal District with reductIOns to the -front (sQuth) setback along Wmdward Passage
from 25 feet to I I 5 feet (to bUIlding), from 25 feet to 15 feet (to pavement) and fI om 25 feet to 12 feet
(to dump'ster stagmg alea), a reductIon to the rear setback from 15 feet to 13 feet (to pool deck) and an
lIlcrease to bUilding height from 30 feet to 60 feel (to roof deck), as a Resldentwl Infill Project, under the
PlOVlS10ns of SectIon 2-504 F (retammg the eXlstmg floating docks for sole use by the property owners)
YOll have submitted a proposal to modify the deSign of the buddIng to meet structural deSIgn constramts
and to Improve the aTllCulatlon dnd appearance of the fayadc (see attached letter - plans on file wlth the
Planlllng Department) A condition of the Development Order states "That the final deslJPl and color of
the buddmg be consistent With the conceptual elevations submitted to, or <IS modIfied by, the CDB" Tt IS
the determmatlOll of the Planmng DlrectOl that the modIficatIOns proposed IS In comphan(.C wlJh thiS
conditIOn of approval
In accOI dance With Section 4~406 A of the Code, the reVISions propo,>ed are deemed to be mmor reVISIons
and are approved These ma10r reVISlOns must be shown on the Site plans and bUlldlng plans when
submlttmg for blllldmg pelmlts
Should you have any questions, feel free to contact Wayne M WeBs AICP, Plann~r JIl, at 727-562-4504
S/j~~~~A _~
~wttil(/wup~
CynthIa H Tal apal1l, AICP
Planmng DIrector
~ lPlallillllg D"pl1i IlilUJlIC D Sir LtXlIlI(I("IJ \Ie or j <IIlshed 4ppllCalIIJIlsI Wmdw(JJ d Passage 202 RCI;Jt!cllces @ WlI1{!I<II1 Ii [-'..lissage (J/DR) -
APP!Ol ed\WlJldw(lJ rI Pas'''gc 202 Mllwr RCY<'IUIlS LCIIC! 7 j 04 doc
RllIAN J Au NG" I M \ \ OR (O,IIM I~SIO"'lR
110'\'1 1-1,\,1111 ION, VICF MA~OR COM'II~<;IONJ.R \VHI I NLY G R.\\, CO,\I\II,~IO~I ~
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"EQUAl fMPIOYMi-NI "NO AI I IIlkL~lIV[ 'CIION LMPIOll~"
.
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GERALD A FIGURSKI, P A
J BEN HARRILL, P A
SHELLY MAY JOHNSON
L RICK RIVERA
-__ ,,-GURSKI & HARRILL
ATTORNEYS AT LAW
THE HOLIDAY TOWER
2435 U S HIGHWAY 19 SUITE 350
HOLIDAY, FLORIDA 34691
www fhlaw net
TELEPHONE (727) 942-0733
FAX (727) 944-3711
EMAIL law@/hlaw net
June 7, 2004
w" est Copy
Avai~able
Cyndi Tarapal11
City of Clearwater
Plannmg Department
MU111c1pal Services BUlldmg
100 South Myrtle Avenue
Clearwater, Flonda 33756
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R E W lIldward Passage
Dear Cynd1
Enclosed as pr01111sec1, please find a copy of the Agreement between The Vdlage
on Island Estates COnd01111l11Um AssociatIOn, Inc , and Wmdward Passage
CondommIUms, LLC
Should you have any questions I egardmg the enclosed, please do not hesl tate to
contact me
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AGREEMENT
~ I l ~
THIS AGREEMENT ("Agreement") IS made on May _' 2004, between THE
VILLAGE ON ISLAND ESTATES CONDOMINIUM ASSOCIATION, INC, a Florida non-
profit corporation ("Association"), and WINDWARD PASSAGE CONDOMINIUMS, LLC,
a Flonda limited lIability company ("Windward")
R E C ! I A .b ~:
A Windward IS proposing to construct a 55 unIt condomInium development
("Project") on the real property described on Exhibit A attached hereto and Incorporated
herein by reference ("Property")
B The Project and Property are adjacent to and westerly of The Village on
Island Estates condominium for which ASSocIation selVes as the owners aSSociation
~
C ASsociation and Wmdward wish to set forth their agreeme'nt wIth respect
to the Project and related matters
NOW, THEREFORE, In consideratIon of the mutual promises contained herein,
AssociatIon and Windward agree as follows
1 RecItals The above recItals are true and correct and are Incorporated
herem by reference
2 Windward Obhqatlons Windward agrees ttmely to fulfill the follOWing
obligatIons to AssociatIon, all of whIch are contingent upon Windward acquIring title to
the Property
A SImultaneously with acqUiring title to the Property, record In the
publiC records of Plnellas County, Flonda, a memorandum of thIS
Agreement In the form attached hereto as Exhibit Band
Incorporated herein by reference
B Construct the Project substantIally In accordance With the site plan
and elevatIons attached hereto as Composite Exhibit C, including,
Without limitation, the locations, open space, helght,:,setbacks, and
colors depicted thereon, subject to approval of the City of
ClealWater
C Install and maintain, at a minimUm, the landscaping shown on the
landscape plan attached hereto as ComposIte ExhibIt C
D Not substantially change the plans shown on Composite ExhIbit C
Without the prior written consent of VIllage, which shall not be
unreasonably Withheld
--.....
E At the closing on Windward's purchase of the Property, cause
Windward's grantor to convey directly to the Association by qUit
claim deed the real property described In the qUIt claim deed
recorded In 0 R Book 5885, Page 2178, of the Public Records of
Plnellas County, FlOrida ("Submerged Land") Windward hereby
warrants that the Submerged Land shall be unencumbered by any
lease, easement, lien, or other encumbrance at the time Jt IS
conveyed to the Association No docks or other structures serving
the Property may be constructed on the property so conveyed
F Assume all liabilIty as to any adverse effects upon the Association
or the property of the AssociatIon or ItS members arising Ellrectly or
Indirectly from the construction, marntenance, repair, replacement,
or substitution of the retention pond shown on Composite Exhibit C.
G Request that the following conditIons be Included In any approval of
the Project by the City of Clearwater Community Development
Board ("CDB")or other approval authority
1) The applicant, Windward Passage Condomrnlums,
LLC, has entered Into an agreement with The Village
on Island Estates Condomrnlum Association, Inc,
("ASSOCiatIon") In which the applicant has committed
to certain matters that Will ameliorate some of the
Impacts of the proposed development on ItS
neighbors Accordrngly, thiS approval IS personal to
the applicant, and may not be utilized In any manner
by any other entity without such entity either (1)
assuming and performing the applicant's obligations
under such agreement, (2) the written consent of the
ASSOCiatIon, or (3) a new hearing before the
Community Development Board
2) Because of (1) the unique locatIon of the proposed
development at the end of a finger, adjacent to an
eXlsttng marrna, and the nature of other propertIes In
the area and (2) the agreement between the applicant
and the ASSOCiatIon deSCribed above, the height and
setbacks allowed for the proposed development does
not set a precedent for any future development south
of Windward Passage and west of Island Way
H ASSOCiatIon acknowledges that Windward ultimately has no control
over the precIse language which Will be used or Included In any
wrrtten approval or order, or over any other actions or conditions
2
which may be placed upon or required of Wmdward with respect to
the development of the Property Accordingly, ASSOCiation
expressly agrees that the failure of the COB to Include all or any
part of the conditIons set forth In 2 G above shall not ,excuse
ASSOCiation from Its obligation to execute and deliver to Windward
(or the City of ClealWater) the letter of no objection attached hereto
as ExhIbit D, or entItle ASSOCIation to vOice to the City of Clearwater
Community Development Board any objectIon to Windward's
development of the Property as contemplated tn thiS Agreement
Nothing In the foregOing proVISion shall prohIbit ASSOCiation from
advocatmg that the COB or other approval authonty mclude such
provISions
3 ASSOCiatIon Obhqatlons The ASSOCIatIon agrees to provide an executed
letter of no objection for the Project (as depicted on Composite Exhibit C), which letter
shall be In the form attached hereto as ExhibIt D
4 Accurate InformatIon All statements made herem are true and correct,
and the information provided and to be provided by each party hereto relating to thiS
Agreement does not and Will not contain any statement WhICh, at the tIme and In the
light of circumstances under whIch It IS made, IS false or misleading With respect to any
matenal fact, or omits to state any material fact (which IS known, or With the exercise of
reasonable dIligence by either party, should have been known) necessary In order to
make any statement contained therein not false or misleading In any matenal respect
5 AsslQnablhtv Neither party shall have the right and authOrity to assIgn thIS
Agreement or any or all of Its nghts hereunder to any person, firm, corporation or other
entity Without the pnor wntten consent of the other party, which consent shall not be
unreasonably Withheld
6 Notices Any notIce to be given to or served upon any party hereto, In
connection herewith, must be In wntlng, and may be given by certified mall or
guaranteed overnight delivery service, return receIpt requested, and shall be deerned to
have been given and received when a certified letter contammg such notice, properly
addressed, WIth postage prepaid, IS depOSited In the Untted States Mall or when
delivered Into the custody of the overnight delivery service, If given otherwISe than by
certified mall or guaranteed overmght delIvery service, It shall be deemed to have been
given when delivered to and receIved by the party to whom It IS addressed NotIces
shall be given to the parties hereto at the follOWing addresses
FOR WINDWARD
FOR ASSOCIATION'
140 Island Way, #299
Property Manager
VIllage on Island Estates
CondomInIum ASSOCiation, Inc
251 Windward Passage
Salman A Halder
Larry T Cooper
3
WITH A COpy TO
WITH A COPY TO
David Platte, Esq
603 Indian Rocks Road
Bellealr, FL 33767
TImothy A Johnson, Jr , Esquire
POBox 1368
Clearwater, Florida 33757
Either party hereto may, at any tIme by giVing five (5) days' written notice to the other
party hereto, designate any other address In substitution of the foregoing address to
which notice shall be given and other parties to whom caples of all notices hereunder
shall be sent
7 Entire AQreement, Modification This Agreement embodies and
constitutes the entire understanding between the parties WIth respect to the matters
desCribed herein All prior or contemporaneous agreements, understandings,
representations and statements, oral or written, are merged Into this Agreement
Neither this Agreement nor any provIsion hereof may be waived, modified, amended,
dIscharged, or terminated except by an Instrument In wrltmg Signed by the party against
which the enforcement of such waiver, modification, amendment, discharge or
termination IS sought, and then only to the extent set forth In such Instrument
8 ApplIcable Law This Agreement shall be governed by, and construed In
accordance With, the laws of Florida
9 Headlnqs DescriptIve headmgs are for convenience only and shall not
control or affect the meaning or construction of any proVISion of this Agreement
10 Blndlnq Effect ThiS Agreement shall be bmdlng upon and shall Inure to
the benefit of the parties hereto and their successors and assigns, proVided that no
assignment shall be made except In accordance With the provIsions of Paragraph 5
hereof
11 Counterparts ThiS Agreement may be executed In several counterparts,
each constItuting a duplicate original, but all such counterparts constituting one and the
same Agreement
12 Interpretation Whenever the context hereof shall so reqUIre, the slflgular
shall Include the plural, the male gender shallmclude the female gender and the neuter,
and vice versa, and the use of the terms "lfIclude," "Includes" and "including" shall be
Without limitatIon to the Items whIch follow
13 Severability In case anyone or more of the proVISions hereof shall for
any reason be held to be Invalid, Illegal or unenforceable In any respect, such IfIvalrdlty,
Illegality or unenforceablllty shall not affect any other provIsion hereof, anQ thiS
Agreement shall be construed as If such invalid, Illegal or unenforceable proVISion had
never been contained herein
4
"
14 JOint Draftlnq The parties acknowledge that each has played an equal
part In the negotiation and drafting of this Agreement, and In the event any ambIguitIes
should be realized In the construction or Interpretation of this Agreement, such
ambiguities shall not be construed against either party solely on account of authorship
15 Waiver The waiver of one or more defaults by any party to this
Agreement shall not be deemed a waiver of any subsequent default of the same or any
other provIsIon of thiS Agreement under the same or other cIrcumstances
16 Default Should either party be In default hereunder, the other party shall
be entitled to specific performance, damages, or both
17 Attorney's Fees, stc Should either party employ an attorney or attorneys
to enforce any of the provIsions hereof, or to protect Its Interest In any matter arISing
hereunder, or to recover damages for the breach hereof, the party prevailing shall be
entItled to recover from the other party all reasonable costs, charges and expenses,
Including attorneys' fees, the value of time charged by paralegals and/or other staff
members operating under the supervision of an attorney, and other legal costs,
expended or Incurred In connection therewith, before, dunng and subsequent to any
litigatIon, Includmg arbitratIon and appellate proceedings, bankruptcy or SImilar
debtor/creditor proceedmgs, and proceedln@s to enforce any Indemnity agreement
herein contained
18 Time IS of the Essence The partIes acknowledge that time IS of the
essence for each tIme and date and time set forth In thiS Agreement
19 The proVIsIons of thiS Agreement constitute covenants running With the
land and shall bind all successors and assigns of Windward In and to the Property
20 Execution Date ThiS Agreement shall be of no force and effect unless
executed by the parties on or before May _,2004
21. Subordination Except as to the provIsions of Paragraph 2 E above, the
Assoclatton acknowledges and consents that ItS fights under thiS Agreement shall be
subordinate only to the fights of a bona fide thIrd party acquIsition and/or construction
mortgage lender to Windward ("Mortgage Lender") for the Property and Project whIch
now has, or In the future may obtain, a mortgage, deed of trust, or other security Interest
In the Property ASSociation agrees to acknowledge and perfect such subordination
upon the request of Windward or any such Mortgage Lender
[Balance of Page Intentionally Blank]
5
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of
the day and year first above wntten, provided, however, that for the purpose of
determining "the date hereof," as used In thIs Agreement, such date shall be the last
date any of the parties hereto executes this Agreement
WITNESSES (as to both)
As Manager
Date t:;. I S~ D Lf'
B~~
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Date 5'-13'-07'
(Corporate Seal)
jJ nA y fIr f'.-N f1 M /frI'-
Signature
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Pnnt name
THE VILLAGE ON ISLAND
ESTATES, a Flonda non-profit
corporatIon a
B~ Jkip)J
As President
s~ l- ~
J()....yne- (;. 5 e...a. -r .5
Pnnt name
Date
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(Corporate Seal) seal
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STATE OF FLORIDA
COUNTY OF PINELLAS
b (28 fOffOI~ i~trument was acknowledged before me by
~, J G ~ as manager of WIndward Passage
''-CondOmlnllJms, LLC, a FlOrida limited liability company, on behalf of the limited liability
company He/:3-Ae IS [personally known to me]; [produced
ElS Identification]
~f~N~
Notary Public \.
Print Name
My Commission Expires
,~'/:.~\"!.i:~~ LINDA R CUNNINGHAM
?" ~'it;;.' j MV COMM iSSION ~ CC 952975
~~~~ EXPIRES July 4, 2004
, ,,,,':$ aondOO Tl'uu NOI."! Publl: Und."'m....
STATE OF FLORIDA
COUNTY OF P1NELLAS
The fO~gOlng Instrument was acknowledged before me by
La rut Y 0 0--/ as manager of Windward Passage
Condomlnlums, LLC, a Florrda limited liability company, on behalf of the limited liability
company He/Stttr IS [personally known to me] r -[produced
;JC Idcntlflc<Jtlon]
~~ f(, a~~
Notary Public
Prmt Name' ~I Kc&.' 1f.~ "'-11 IV/. GtI'/vr-
My CommIssion Expires 114-1 D~
J I
~llt'I~,~ ~
:~:K~- LINDA R CUNNINGHAM
~ ~:# MY GQ,jAM ,SS ION ~ CC 95297
~;t:P.r. rlldf,~" 80 EXPJRES July 4, 2004 5
I , Itll I flded Thnl NO{aty Putwc Ullde-rwJ'!leJ"!
7
8T A TE OF FLORIDA
COUNTY OF PINELLAS
I The fore~olng Instrument wa9'; acknowledged before me by
J? A f} Y as (J~ as 1124:u~ of The Village on
Island Estates Condominium Assoclatlon, Inc, a Flonda non-profit corporation, on
behalf of the corporation He/She IS [personally known to me], [produced
QJ IdentJflcotlen]
I-In~,rf~~ )
Notary Public r \
Print Name /.., J .,erf:NII n 6H /r1Yi
7iJV
/ '
My CommIssion Expires
,''''\'''''', UNOA R. CUNNINGHA/vl
~~ rb "!ft;::: MY COMMISSION # CC 952975
';!. ~.;:,: EXPIRES July 4, 2004
-;;1,81"f;I~' Bonded Thru Notary Publ" Underwrite"
#3] 8591 vi - VllIDge on Island ESlaleslWmdward Passage
8
EXHIBIT B
MEMORANDUM OF AGREEMENT
THIS MEMORANDUM IS made on May _, 2004, between THE VILLAGE ON
ISLAND ESTATES CONDOMINIUM ASSOCIATION, INC, a Florida non-profit
corporation ("Association"), and WINDWARD PASSAGE CONDOMINIUMS, LLC, a
Florida limited liability company ("Windward")
R E C! I A 1: s:
A Windward and the Association have entered mto an Agreement
("Agreement") with respect to the real property descnbed on Exhibit A attached hereto
and Incorporated herein by reference ("Property")
B Windward and the Association wish to make the eXIstence of the
Agreement a matter of public record, so that the Agreement Will be binding on all
successors and assIgns of Windward with respect to the Property
NOW, THEREFORE, In consideration of the mutual promises contained herein,
Association and Windward agree as follows
7 Recitals. The above recitals are true and correct and are Incorporated
herein by reference
8 Incorporation The Agreement IS hereby Incorporated by reference Any
conflict between the terms hereof and the Agreement shall be governed by the
Agreement
[Balance of Page Intentionally Blank 1
9
IN WITNESS WHEREOF, the parties hereto have executed this Memorandum as
of the day and year first above wntten
WITNESSES
WINDWARD PASSAGE
CONDOMINIUMS, LLC, a Flonda limited
Ilabll1ty company
By
Signature
As Manager
Pnnt name
Date
SIgnature
By
------PnflCname- -
As Manager
Date
(Corporate Seal)
- ----~__ ~_J
THE VILLAGE ON ISLAND
ESTATES, a Flonda non-profit
corporation
By
SIgnature
As President
Pnnt name
Date
Signature
(Corporate Seal)
Pnnt name
10
STATE OF FLORIDA
COUNTY OF PINELLAS
The foregoing Instrument was acknowledged before me by
as manager of Wmdward Passage
Condominiums, LLC, a FlOrida limited liabIlity company, on behalf of the limited liabilIty
company He/She IS [personally known to me] [produced
as Identtficatlon]
Notary PubliC
STATE OF FLORIDA
COUNTY OF PINELLAS
The foregoing Instrument was acknowledged before me by
as manager of Windward Passage
CondominIums, LLC, a FlOrida limited lIability company, on behalf of the limIted liability
company He/She IS [personally known to me] [produced
as Identification]
Notary PubliC
11
~-
,
STATE OF FLORIDA
COUNTY OF PINELLAS
The foregomg Instrument was acknowledged before me by
as of The Village on
Island Estates Condominium ASSOciation, lnc, a Flonda non-profit corporation, on
behalf of the corporatIon He/She IS [personally known to me] [produced
as IdentIficatIon]
Notary Public
Print Name
My CommissIon Expires'
12
EXHIBIT [)
To Whom It May Concern
The undersigned association ("Association") IS the owners association for The Village on
Island Estates condominium ("The Village") Windward Passage Condomlnll:Jms, LLC, a Flonda
limited lIabIlity company ("Windward") IS proposing to construct a 55 umt condominIum on the
property adjacent to and westerly of The Village (Project")
Windward and the ASSOCiation have entered Into an agreement With respect to the
Project ("Agreement") The Agreement, among other matters, Incorporates a sIte plan and
landscape plan that are acceptable to the ASSOCiation, caples of which plans are attached to thiS
letter as Composite Exhibit C
The Agreement also proVIdes that Wmdward conOsents to the follOWing conditions being
mcluded In any approval of the Project
1 The apphcant, Windward Passage Condominiums, LLC, has entered Into
an agreement With The Village Qn Island Estates Condominium
ASSOCIatIon, Inc, ("ASSOCiation") In which the applicant has committed to
certain matters that Will ameliorate some of the Impacts of the proposed
development on ItS neighbors Accordingly, thiS approval IS personal to
the applicant, and may not be utIlized In any manner by any other entIty
Without such entity either (1) assuming and performing the applicant's
obligations under such agreement, (2) the written consent of the
ASSOCiation, or (3) a new heanng before the Commumty Development
Soard
2 Because of (1) the unique locatIon of the proposed development at the
end of a finger, adjacent to an eXisting manna, and the nature of other
properties In the area and (2) the agreement between the applicant and
the ASSOCiation descnbed above, the height and setpacks allowed for the
proposed development does not set a precedent for any future
development south of Windward Passage and west of Island Way
Based upon the Agreement, the ASSOCiation has no objection to the attached site plan
for the Project
THE VILLAGE ON ISLAND ESTATES
CONDOMINIUM ASSOCIATION, INC, a
Flonda non-profit corporation
By
13
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CITY OF
CLEARWATER
loNG RMGE PlA1\lNING
DEVFLOPJl.l[NT REvIC'iir
PLANNING DEPARTMEN r
POST OFFICE Box 4748, CI!-:AIlWATER, FLORI!)'" 33758-4748
MUNICIPAl SERvl(E~ BUILDING, 106 Soun I MYRTI E AVEJ\[JE, CU:ARWATCR, FLORlPA 33756
rELEPHO"lE (727) 562-4567 FAX (727) 562-1576
Mr Housh Ghovaee
NorthsIde Engmeermg ServIces, Inc
601 Cleveland Street, SUIte 930
Clearwater, FL 33755
May 21, 2004
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Development Order - Case FLD2003-1l 059 - 202 Wmdward Passage 5 Q L ~'<"4 r- I"" tN ", ~ .. """'~
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TI11S letter constltutes a Development Order pursuant to Section 4-206 D 6 of the Commumty
Development Code On May 18, 2004, the Commumty Development Board reVIewed your FleXible
Development approval to permit 55 attached dwellmgs m the High Density ReSidential Dlstnct With
reductIons to the f1 ont (south) setback along Wmdward Passage from 25 feet to II 5 feet (to bUIldmg),
from 25 feet to 15 feet (to pavement) and from 25 feet to 12 feet (to dumpster stagmg area), a reductIon
to the rear setback from 15 feet to 13 fee( (to pool deck) and an mcrease to bUIldmg heIght from 30 feet
to 60 feet (to roof deck), as a ReSIdential Infill Project, under the provISIOns of Section 2-5,04 F (retammg
the eXlstmg floatmg docks for sole use by the property owners) The Community Development Board
(CDB) APPROVED the applicatIon With the followmg bases and condItions
RE
Dear Mr Ghovaee
Bases for Approval
1 The proposal compiles With the FleXible Development cntena as a RcsIdent131 lnfill Project per
Section 2-504 F
2 The proposalls m compliance With other standards m the Code mcludmg the Gcneqli Apphcablhty
Cntena per SectIOn 3-913
3 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 bUlldmg be conSIstent WIth the conceptual elevations submitted
to, or as modified by, the CDB,
2 That boats roomed at the eXlstmg floatmg and future dock!, b~e for the exclUSIVe use by the reSidents
andlor guests of the condommlUms and not be permitted to be sub-leased separately from the
condommlums,
3 That all FIre Depm tment reqUlremen.ts be met pnodo the Issuance of any permit,
4 That payment of RecreatIOn Land and RecreatIOn Faclhty Impact fees be paid pnor to the Issuance of
the bUlldmg pcn11lt,
5 That a four-foot hIgh landscaped, solid fence or wall to screen parkmg be shown on the Site plan
along the east and northern portIon of the parkmg area pnor to the Issuance of any pen11lts, and
B1UAN J AUNGS r, l'"l,\YOR-COMMI~SIOt\'[R
Hon HAMil lON, VICF IVIi\YOR COMMI~~IONI p WHITNn GRA\, (OIIIIl")IO,q-R
Fhl\~K HIBBARD, COM\II~SIONFR * LlIII JO""ON (0,11111"',[0,\1 R
'[QU ,\1 EM PI Oy~ IrN I AND An I RM. \ IIVI ACl ION E\IPI OJ ~ Il"
May 21,2004
Ghovaee - Page Two
6 The apphcant, Wmdward Passage CondominIUms, LLC, has entered Into an agreement wIth The
Village on Island Estate~ CondominIUm AssociatIOn, Inc ("Association") m whIch the apphcant has
commltted to certam matters that will amehorate some of the Impacts of the proposed development
on Its neighbors Accordmgly, thIS approval IS personal to the apphcant
P\.irsuant to SectIOn 4-407, an apphcatlOn for a bUlldmg permit shall be made wlthm one year of FleXible
Development approval (May 18, 2005) All reqUired certIficates of occupancy shall be obtamed wlthm
two ye~rs of the date of lssuance of the Initial bmldmg penmt 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 wlthm the ongmal penod of validIty The Commumty
Deyelopment Board m::JY approve one addIttonal extenSIOn of time after the Commumty Development
Coordmator's extemiOl1 to Initiate a bUIldmg permit applicatIOn
Please be aware that the Issuance of thIS Development Order dges not reheve you of the neceSSIty to
obtain any bUlldmg permits or pay any Impact fees that may be reqUIred. In order to faclhtate the
Issuance of any permIt 01 license affected by thiS approval, pleas~ brmg a copy of thiS letter WIth you
when applymg for any permIts or hcenses that reqUIre thiS pnor development approval
In additIon, please be awale that an appeal of a Level Two approval (FlexIble Development) may be
111ltJated pursuant to Scclion 4-502 B by the applicant or by any person granted party status wlthm 14
days of the date of the CDB deCISIon The filing ofgn apphcatlOn/notlce of appeal shall stay the effect of
the declslOn pendmg the final determmatton of the case The appeal penod for your case expIres on June
1,2004
If you have any questlolls, please do not heSItate to call Wayne M Wells, AlCP, Plarmer ill, at 727-562-
4558 You can ac{'c~s zomng mformatlon for parcels wlthm the CIty through our webslte
www mvclearwatcr cOI1l/gov/deptslplannmg *Make Us Your Favontel
~.
Cyntlna Tarapam, AICP
Planmng Director
s tPlmmlllg DeparlmellllC D /, In EXlPe",illlg cases\Up jor Ihe "e.~1 CDBI Wille/ward Passage 102 Resufences @ WllIdward paswge (HDR) -
Approvedl Wmdward Passage 101 Development Order doc
rl
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Page I of 1
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Wells, Wayne
From
Sent.
To
Subject
Clayton. GlI1a
Thursday, May 13, 2004 8 30 AM
Wells, Wayne
FW High & Dry Manna Submerged Land Ownership Follow Up
Wayne - Ilhlnk this IS your case Old you speak to this gentleman I think I referred him to Chip
---nOnglnal Messagenm
From: John RIccI [mallto John nCCl@worldnet.att net]
Sent: Monday, May 03,2004 10.19 AM
To: Tarapam, Cyndl; Clayton, Gina
Cc: Lanny Asner
Subject: High & Dry Manna Submerged Land Ownership Follow Up
Cyndl and Gina,
About 18 months ago I spoke at a planning meeting regarding the rezoning of the High & Dry Manna property As
president of "The Village on Island Estates" condominium association, I advised those present that our
association, with proper permitting, constructed docks on our frontage submerged lands At thiS referenced
zOning change meeting, High & Dry was c1almmg ownership of these lands Subsequent to my disclosure,
attorney Harry Cline promptly "divorced" the attached submerged land from their request At Ihe lime I could not
produce title to thiS properly, only permitting and approvals by the appropnate agenCies I would like to adVise
you at thiS time we have uncovered a recorded qUit claim deed to the aforementioned land and we are m Ihe
process of securing a surveying conlractor 10 properly follow the coordinates called out on thiS document for
venficatlon II would appear that a rectangular piece of submerged land was parceled out of the larger Inangular
shaped property owned by the Manna
I have copied our current president, Lanny Asner
If there IS anythmg I can do for you, please adVise
Smcerely,
John
5/13/2004
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CITY OF
CLEARWATER
PLANNING DEPARTMENT
Po'n OFFICE Box 4748, CLEARWATER, FLORIDA 53758-4718
MUNICIPAL SERVJ(FS BUlli.:IING, 100 SOU1H MYRl1.E AVLJ\UE, CLE'>R\VATFR, FLORID.\, 33756
hn.PHONE (]2l) 562-4567 FAX (727) 562.4576
loNG RANGE PU.NNING
DFVELOPMI:.NT RFVJCW
May 3, 2004
Mr Housh Ghovaee
Northslde Englneenng Services, loc
601 Cleveland Street, SUite 930
Clearwater, FL 33755
Re Commumty Development Board Meetmg (FtD2003-ll 059)
Dear Mr Ghovaee
The Flexible Development applIcatIOn (Case No FLD2003-11059) to permit 55 attached
dw~lhngs In the HIgh DensIty ResIdentIal Dlstnct With redllctlOns to the front (south) setback
along Wmdward Passage from 25 feet to 11 5 feet (to bUlldmg), from 25 feet to 15 feet (to
pavement) and from 25 feet to 12 feet (to dumpster stagmg are'!), a reductton to the rem setback
from 15 feet to 13 feet (to pool deck) and an mClease to butldmg height from 30 feet to 60 feet
(tp roof deck), as a Residential Infill Project, under the p~rovlslons of SectIOn 2-504 F (retammg
the eXIstmg floatmg docks for sole use by the property owners), for property locate'd at 202
Wmdward Passage has been deemed suffiClent and has been scheduled to be revlewed by the
Commumty Development Board on May 18, 2004
The meetmg wlll take place at 2 00 P m III the CIty CommIssIOn Chambers, 3 rd floor of CIty Hall
at 112 S Osceola Avenue, Clearwater
If you have any questlOns, please do not heSItate to call me at 727-562-4504
Smcelely,
WO'w)r-.L M. -\-J~
WayneM Wells, AlC?
PlaIUler III
IIM~5dPDS1Plm""ng DepartmemlC D BIFLEXIPe",I"'g CG'ieslUp for the nexl cpBl fV/IldWlJrd Passage 202 ReSldellces @ W",d~"rd Passage (J/DR) I W",dward
Passage 202 CDB Leuer doc
BR1,IN J Aut',GS I, MAYOR COM\11~SIO"'FH
liOYT H"c\U11 ON, VleL Mj\YOR-COMM]~~IONEll \'liHII Ni:Y GRrI\, (OM\IIS:.IOM R
FR 'u~ K H IIlll IRD, COMMISSION ~R *' Bill J ONSOt'" CO\L\II'>,]Or-.~ H
"[OlJAL CMPLOY~1I NT AND AFIIR,\j IlIV[ At.llON EeIPIOYTR'
'(-,
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Page 1 of 1
Wells, Wayne
From Wells, Wayne
Sent Thursday, February 02, 2006 11 47 AM
To 'Doreen Williams'
Subject RE Windward Passage
Submit one copy to me with a cover letter as a Minor RevIsion to the FLD case If/once
approved, then three caples of that landscape plan would need to be submitted as a
reVISion to the Site constructIon bUilding permIt
---- -Ong I na I Messagemn
From: Doreen Williams [mallto'Doreen@northsldeenglneenng com]
Sent: Thursday, February 02, 2006 11 15 AM
To: Wells, Wayne
Subject: Wmdward Passage
Good morning I have reVised landscape plans for the above They wanted to
upgrade the landscaping fromthe previously approved plan What do I need to
do?
D
Doreen A Williams
Project Director
Northslde Engmeenng Services, Inc.
601 Cleveland Street, SUite 930
Clearwater, FL 33755
Phone 727-443-28691 Fax 446-8036/ Cell 235-8474
Emall doreen@northsldeeng In een no com
2/2/2006
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CITY OF CLEARWATER
POST OFrlCE Box, 4748, CLE/IRWAIFR, FLORIO" 33758-4748
TUEPHONE (727) 562-4750 FAX (727) 562-4755
PUBLIC WORKS
ADMINIS I RA lION
Tune 15_ 2005
Mr J PatrIck Wakeman
Wll1dward Passage CondommIWTI, LLC
202 W mdward Passage
Clearwater, FloFlda 33767
Dear Mr, Wakeman
Re FLD2003-11059
The ResIdences @ W mdward Passage
202 Wmdward PassCige
Tn accordance WIth your request of June 13, 2005, thiS letter is vCrIficatIon that the CIty
of Clearwater has sufficIent capaCIty and will supply potable water and wastewater
serVlce to the proposed, development as referenced above and as approved by the
Community Development Board on May 18,2004 ThIS venficatlOn IS based upon review
of permItted capaCItIes and current usage of water and wastewater
The progosed development may require infrastructure modIficatIOns 10 the VlcImty of the
proposed development These reqUlred modificatiOns, If any, would be Identified dunng
Btuldmg PermIt reViCW
If you have any questIOns or need additiOnal mfmmatIOn, please contact thiS office
Smcerely;
c=p 2~~
D Sc()tt RIce, PE
Land Developm-eht Engmeenng Manager
cc M QUillen
W Wells
H(ANK IlIBIlARD, MAYOR
Alii JUNSON, Vice-MAYOR
I loYT HAMill ON, COUNCII.,..,\! MIJn~
*
JOH~ DORAN, COUNClI.\lrlIIJLR
C\RI EN A Pl:.rER~FN, (OIlNUI"\IE.I1lH-R
. r.QUAI FMPI OYMLN I AND ArFl R/>.t~ llVI ACTION EMI'l OYF R"
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CITY OF
CLEARWATER
lONG RAi"lGf. PlAJ\JNING
DEVJ:I OPMENT &\I]EW
PLANNING DEPARTMENT
POST OFFICE Box 4748, Ci..r.ARWATER, FLORIDA 33758-4748
MuNICIPAl. SERVlCES BUJIDING, 100 SOUTt! MYR1U AVENUl:, CLEARWATC~, FLORIDA 33756
TELEPHONE (727) 562-4567 FAX (7'27) 562-4576
December IJ, 2004
Ms Debra Butler
Narthslde Engmeer-mg Services, fnc
60 I Cleveland Stl eet, SUite 930
Clearwater, FL 33755
Re M mar RevIsIOns for FLD2003 -11 059 - 202 Wmdward Passage
Dear Ms Buller
On May 18, 2004, the Commumty Development Board (CDB) approved with SIX conditIOns the above
referenced case, which was a Flexlble Development applicatIOn to permIt 55 attached dwelhngs m the
I-ligh Density ReSidential DIStTlct with reductIOns to the front (south) setback along Wmdward Passage
from 25 feet to 11 5 feet (to blllldmg), from 25 feet to 15 feet (to pavement) and frqm 25 feet to 12 feet
(to dumpster stagmg arca), a reductlOl1 to the rear setback from 15 feet to I 3 feet (to pool deck) and an
mcrease to bUlldmg helght from 30 feet to 60 fed (to roof deck), as a Resldentlal Infill ProJect, under the
prOVIsIons of Sc'CtlOll 2-504 F (retammg the eXisting floatmg docks for sole use by the property owners)
By letter dated November 23,2004, the Plannmg Department determmed the prop'osed enlargement of the
pool deck IS not aM!nor Revlslon but must be reviewed/decided by the Commumty Development Board
(CDB) ThiS same letter stated the mcrease of ImpervIOus surface from 067 to 0 71 IS consIdered a
Mmor RevlslOn, so long as the setback prevlOusly approved IS not reduced
With regard to the addltton of a secunty gate and makmg one dJ1veway an <entrance and the other
dnvewayan eXit, these are consIdered a Mmor ReVISion and are approved, m accordance with SectiOn 4-
406 A of the Cooe The TJaffic Engmeenng and Fife Departments have reviewed these changes and
approve these changes, subject to the securIty gates meetmg Pmellas County regul~t!(:ms regarding
secunly gates and appropnate one way/do not enter slgnage 1'5 ~hown on the site plan arid are mstalled
prim to the Issuance of the first Certlfic.,ate of Occupancy
Should you have any questions, feel flee to contact Wayne M Wells, AICP, Planner Ill, at 727-562-4504
OM~~
Cynth.. H Tarapan" AI~
Planmng Director
) liJlamlJlIg Depal/mull\C D fII FL EX (FLD) I/llaclI ve or Fmlshed JJppliCallOlISIWindwrml P"Hage 202 Reslllellces @ WllldWllId Passage (!fDR)
_ App! avedlWllldwmd pas,age 202 1'v1l,1O/ ReVlllOJIS Leller 113 12 13 04 doc
BRIAN J AUN('~l, MAYUR COMMISSIONFR
IIO\T H"-\1II1 ON VICI lViA\OR-COM~II~~10NFR "''Ill lNi:Y GRA\, CO\I~II~~IONI ~
r~ANf,. 11IBHARI), c.O~I\ll<;SI[)r.U( * Rill IO,'~ON, CO,\I\II~~IO"I R
J:.QU'IJ EMPI OYMrN I AND AFHR\I'" I IVI AC110N EMPI O'r II{"
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CITY OF
CLEARWATER
PLANNING DEPAR1MENT
POST OFFICE Box 4748, CLEAR\ltAT[~, FWRJD.... 33758-4748
MUNICIPAL S~RVlCr:5 BUIWING, 100 'lOUTH MYRTIE AVFNUE, (LURWATFR, FLORIDA 33756
Tr.IFPHONF (727) 562"4567 fAX (727) 562-4576
LONG RANGE PlANNING
DEVELOPMENT REVlEW
November 23,2004
Ms Debla Butler
NOI th:'.lc!e Engmeenng ')ervlces, Inc
60 I Cleveland St! eel, SUlte 930
Clearwater, FL 33755
Re MmOl RevIsIons for FLD2003-1 1059 - 202 Wmdward Passa,ge
Dedr Ms Butlel
On May 18, 2004, the Commumty Development 80al d (CDB) approved with SIX conditions the above
lefelenced case, which was a Flexible Development applicatIOn to penmt 55 attacneo dwelhngs 111 the
l-i1gh DensIty Residential D1stnct wIth reductIOns to the front (south) setback along Wmdward Passage
fr om 25 feet to II 5 feet (to bulldmg), from 25 feet to 15 feet (to pavement) and from 25 feet to 12 feet
(La dumpster &lagmg area), a reduction to the rear setbdck from 15 feeUo 13 feet (to pool deck) and an
lI1crease to budding heIght from 30 feet to 60 feet (to roof deck), as a ResldentJal Inf111 PIOJcct, under the
provl.',lons of SectlOn 2-504 F (retall1l11g the eXI5tmg floatmg docks for sole use by the property owners)
You have submitted a proposal to modIfy the desIgn of the pool mea by enlarg!ng the pool deck (see
attached letter - plans on file wIth the Planmng'Department) SectIOn 4-406 A of the Code sets out the
lIst 0 f Mmor ReVI s IOns that the Plann mg Director ma y approve Sec tJOn 4-406 A 4 0 f the Code s 13 tes that
a Minor RevlSlon 1S one that "does not result In a leductlOn of setback or prevlOusly approved landscape
<Ilea" The preVIOusly approved project reduced the rear setback from 15 feet to 13 feet to the edge of the
pool deck (see above paragraph) The enlarged pool deck IS now proposed to meet a rear setback of
prlmanly three feet, but IS at one pomt at,a zero setback
It IS the detenmnatlOn of the Plannmg Director that the modIficatIOn proposed IS not a Mmor ReVISIOn
and, If It ]S still desired, must be processed as a reVISion to the previously approved FleXible Development
case requlI mg Commumty Development Board I eVlew and approval Note The mcreasc of IlnpervlOU~
Slll face IS conSIdered a Mmor ReVISIOI1, so long as the setback prevJOusl;y approved IS not reduced
AddItionally, the addItIon ofa secunty gate and makmg one dllveway an entrance and the other dnveway
an eXIt IS conSIdered a Ml1JOr RevlSIon, so long~as the fraffic Engmeermg and FIre Departments do not
have any concems and all Code requIrcments dre met
Should you have any questIons, fccl free to wntact Wayne M Wells, AlCP, Planner III, at 727-562-4504
q(~&C(@R)
Planmng D1rector
S IP/(rJllllng Depnr/mcJJ/\C D B\FLEX\/JJnCII~e or FmHhed AppllWliOJlslWmdwmd Pflssnge 202 Result/ltc, @ WlIldwmd Pnssnge (HDR) -
Appl oved\ Wmdwlli d Pnssage 202 MmOl Rew,iOl1s Leller fl2 f I 23 04 doc
BKIAN l AUNCiS r, j\l,WOR-( m.IMI)~]OI'<[R
HO\ I IIAMIITOl" VICL IV'i\YOR COMMI..,..,IONCR Wlll1NtY GR,W (OIII!l"IONrR
FRM'K HljJ[jAHO, COMM]~~IONL~ ~ BII] )00'1'00'1 GOMW)SIQI'.I K
"EQUAL FMPI OYI>1FN I .~ND AnmMAllVL ACTION LMPI OYI j{"
NOrlhsile
E~ s~ 1ne.
September 2] , 2004
CIVIL.
LAND PLANNING.
ENVI RONMENTAL ·
TRANSPORTATION.
City of Clearwater Plannmg Department
100 S M)Ttle Avenue
ClearwateI, Flonda 33756
Attn Wayne Wells, AICP, Sel1lor Plannel
RE Residences at Wmdward Passage, FLD2003~ I] 059
Dear Wayne,
Attached you wdt find copies of the site and landscape plans fo_ the Residences at
Wll1dward Passage as approved by the CDB on May] 8,2004 Also, I have attached a
proposed revised site plan and landscape plan as well as a proposed elevatIOn of a levlsed
trellis structure at poolside
Our chents feel that due to the number of Ul1lts and the high-end nature of the pi oJect, It IS
necessary to provlde a larger and grander pool dnd pool deek area for the residents The
proposed reVIsed landscape plan provides a lush landscape which will be mOle 111
ham10ny wIth the elegant bUl1dmg deSign dnd exceeds mmll11um Code reqUirements
The pool deck and walkways 111 the rear area will consist of removable sand set pavers
The maximum allowable ISR IS 85 The prevIOusly applOved TSR was 67 The
proposed changes to the site plan w111 still have an ISR of less than the maXImum allowed
WI th 71
We are requestmg that your staff consider these reVISIons at your very next Staffmeetmg
and detenmne that these changes will not Involve gOing back to the CDB We dre hopIng
that these proposed Site changes could be admllllstratlvely appro\,cd
We would be glad to Sit down \\11th you to go oveI the changes In detaIll[ so deSired
Please respond as soon as possIble as OUl chent IS geanng up for UTIlt sales cmcl needs to
know I f these changes Wlll be approved l11-house
,~
Debra A Butler, Executive Vice PresIdent
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NESADMIN<i"JMIND5PRING COM
NESTECH@JMINDSPRING COM
727 443 2869 FAX 727 446 8036
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Page 1 ot 1
Debra Butler
From Debra Butler [debra@northsldeengmeenng com]
Sent: Friday, October 15,2004 1 42 PM
To: Wayne Welfs@myClearwater com'
SubJect: Windward Passage
Wayne,
'Just wanted to bnng a couple of things to your attention I had a coor.c:linatioo_meeUng this moming with several
of the people Involved wIth thiS project and there are a couple of Items I need to menllon that should be dIscussed
With your staff when you do have the chance- to reVIeW the- proposed SIte plan changes You Wilt see that the sIte
plan reflects a security gate at the entrance to the garage area on the easternmost side Barbara Nordlund wants
to make sur~ that you don't have any Issues Wltfi that and the owner Would ",<:e to have a "one-way lh anEt
one-way our system with cars enteflng the garage area on the easternmost Side and eXltmg from the
westernmost gate The entrances to the garage themselVes are not changmg IF!' deSIgn OF location but woutd' Just
be deSignated as one~way In and out 00 you have a concern with that?
I ask that you ptease review the proposed sIte changes that we SUbmitted' as soon as posslbte The deSign team
IS moving fun steam ahead wrth thiS and they are baSing everythlflg as If the changes are approved I really need
to let them know If there are gOlfl9 to be probtems WIth what t mentIOned above and" the proposed changes to the
pool/deck/pathway areas
Thanks,
Debra A. Butler, Executive Vice PreslClentIPlanner
Noqhslde Engmeermg Services, Ine
601 Cleveland Street, SUIte 930
Clearwater, Florida 33755
(727) 443-2869 - phone
(727) 446-8036 - fax
10/15/2004
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FAX COVER MEMO
CITY OF CLEARWATER
PLANNING DEPARTMENT
100 S. MYRTLE AVE.
CLEARWATER, FL 33756
(727) 562-4567 FAX: (727) 562-4865
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NUMBER OF PAGES(INCLUDING THIS PAGE) 2-
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Page 1 of2
Wells, Wayne
From Wells, Wayne
Sent Wednesday, June 14,2006519 PM
To 'Doreen Williams'
Subject RE Windward Passage BCP-2006-05789
Doreen -
The Gardner Collins are the actual bUilding plans for the pool I have checked with Michael Lopez In
Development Services and you need to submit three caples of the site plan (with the new poollayoul approved by
the COB) over 10 be Included for the pool permit (BCP-2006-05789) Additionally, eight caples of the Site plan
(with the new pool layout approved by the COB) need to be submitted as an amendment to BCP2005-0151 0 (to
build the condos)
Wayne
m--Onglnal Message--m
Fro m: Doreen WI I lia ms [mallto Doreen@northsldeenglneenng,com]
Sent: Tuesday, June 13, 20064'53 PM
To: Wells, Wayne
Subject: RE Wmdward Passage BCP-2006-05789
Of course Just confused Since Kelly Pools IS dOing the pool and pulled perml! BCP20D5-057S9 I have
addressed all comments and they Will be comlllg In thiS week I guess the Gardner Collins plans are null
and vOid
From: Wayne. Wells@myClearwater com [ma lito. Wayne. Wel1s@myClearwater.comJ
Sent: Tuesday, June 13, 20064 46 PM
To: Doreen Williams
Subject: RE Windward Passage BCP-2006-05789
Gardner Collins IS an engineer that does a lot of pool design engineering These plans were submitted for
Windward Passage to bUild the pool These plans are fine for thiS bUilding permit, but my comment was
that site plans need to be submitted to revise BCP20Q5-0151 0, which was the anginal bUilding permit to
construct the bUilding If you remember, the site plans that came In for BCP2005-01510 showed the new
pool plan, which I couldn't approve with the new pool plan In order to Issue BCP2005-01510, the old pool
plan was put back all These old pool plans on the Site plan set now need to be amended 10 the new pool
plan Clear as mud??
m--Onglnal Message-~m
From: Doreen Wlll1ams [mallto,Doreen@northsldeengllleenng com]
Sent: Tuesday, June 13, 2006 4 15 PM
To: Wells, Wayne
Subject: Wmdward Passage BCP-2006-05789
Wayne, please clarify your zoning comment regarding Gardner Collins site plans Who the heck are
they and where the heck did you get a plan from them? I never submitted anythlllg 10 COB from
them, Site plan was by us and landscape plan was by Butler
Doreen A Williams
Project Director
Northslde Engineering Services, Inc
601 Cleveland Street, SUite 930
Clearwater, FL 33755
6/14/2006
,.
6/14/2006
Phone 727-443-2869/ Fax 446-8036/ Cell 235-8474
Email doreen@northsldeenQlneenng com
,- -- ,
Page 2 of2
, .
IP!l1~l1as County Property APPf<'-'''cr InfO! maholl 0829 15 433800040001)
Page 2 of7
08 / 29 / 15 / 43380 / 004 / 0090
08-Dee-Z003 11M Srrlith, CFA Pinellas County Property Appra1ser 09.Z4 55
Ownersh1p Inforrlat1on Non-Res1dent.lal Property Address, Use, and Sales
HIGH & DRY MARINA INe
20Z '-'IIID....ARD PSE Best Copy
CLEARWATER Fl 33767-
Available
COMparable sales value as Prop Addr 20Z WIIW WA RD PSG
o f J an L 2003, based on Census T rac t 260 01
8ales frOM 2001 - 200Z.
0 5ale Date OR Book/Page Pr1ce (Qual/UnQ) Vac/IMP
Plat InforMat1on 0 /0 OJ 0 0 ( )
1959 . Book 051 Pgs 034- 0 10 0/ 0 0 ( )
0000 Book Pg,s - 0 10 0/ 0 0 ( )
0000. Book Pgs - 0 10 0/ 0 0 ( )
2003 Value EXEMP lIONS
Jus tl Marke t. 1,568.400 HOMes tead . 0 Ownersh1p % 000
Histor1c 0 Use % 000
Assessed/Cap 1,568,400 Tax ExeMpt %, 000
Other ExeMpt. 0
Taxable' 1,568,400 Ag,r1cultural' 0
2003 Tax InforMat1on land InforMat1on
D1str1ct CW Seawall' Frontage
Clearwater V1ew,
03 M1llage, 23 0851 Land 51ze Un1t Land Land Land
Front x Depth Price Un1ts Meth
03 Taxes 36,206 67
1) o x 0 20 00 72,395 00 S
5pec1al Tax 00 Z) 0 x 0 00 00
3) 0 x 0 .00 00
W1thout the Save-Our-HoM8s 4) 0 x 0 .00 00
cap_ 2003 taxes wlll be 5) o >. 0 00 , 00
36,206 67 6) o x 0 00 00
W1thout any exeMpt1ons, Total Land Value. 1.447,900
2003 taxes w1ll be
36,206 67
Short Legal ISLAtm ESTATES OF CL EARWAT ER UIIIT 5
Description BLK 0, tl E 2/3 Of LOT 9 ALL Of LOTS 10 THRU 13 Itt C L
Building Information
. BuI1dl11D
. Bul1dmg 2
. BUlldlng3
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12/8/2003
, '
Pm,ellas County Property Appr'-.~er Infonnatlon 08 29 15 43380004 OflO[l
Page 3 of7
Buildmg #1
08 / 29 /
15 / 43380 / 004 / 0090
:01
08-Dee-2003 J1M 5Mlth, CFA Plnellaa County Property Appralser 09 24 5S
COMMerclal Card 01 of 3 IMproveMent Type Pre-[ng~neered Hetal
Property Address 202 t..IItlDWARD PSG Prop Use, 348 Land Use 20
Structural Elements
Foundation
Floor SysteM
Exterlor Wall
Helght Factor
Party Wall
Structural FraMe
Roof FraMe
Roof Cover
Cablnet & r-llll
Floor Flnlsh
Interlor Finish
I Total Unlts
Continuous Foot~ng
Slab on Grade
Pref~nished Hetal
30
None
Rigid Frame
Steel Truss & Purlin
Cort'ugated Hetal
None
Concrete F~n~sh
Unfinished
o
Heatlng & Alr None
Fu:tures
Bath Ille
Electric
Shape Factor
Qual1 ty
Year BUllt
Effectlve Age
Other Depreciation
Functlon Depreciation
EconoMic Depreclatlon
5
floor Only
Average
Rectangle
Average
1,963
25
o
o
o
Sub Areas
Oescriptlon Factor Area Descrlption Factor Area
1} Bas e A re a 1. 00 26. ti 34 7) 00 0
2) Sales Serv~ee A rea 1. 50 4,726 8) 00 0
3) .00 0 9) .00 0
4) 00 0 10) .00 0
5) .00 0 11) .00 0
6) 00 0 12} .00 0
Conunercial Extra Features
De8crlptlon Oirrten:'Hons Price Unl ts Value RCD Year
1) ASPHALT 24~3 0 0 1. 00 24,300 0 24,300 999
2) COtIC PAVE IZ600 2 00 12.600 0 25.200 999
3) [JOCK 3200 10 00 3,200 0 IZ.800 1,973
4) SHED 160Sf 8 00 160 0 510 1,963
5) BDATRACKS 30URCKS 500.00 300 0 150,000 999
6) 00 0 0 0 0
(0 TA L RECORD VALUE 212,810
Building #2
Best Copy
Available
http //pao co pmellas f1 us/htbm/cgl-scr3?o=1 &a=l &b= 1 &c=l &r= 16&s=4&t=1 &u=O&p
12/8/2003
, '
Ptndlas County Property ApPI "-''''er Infomlahon 08 29 15 43380 004 OflClf)
Page4of7
08 / 29 /
15 / 43380 / 004 I 0090
:02
08-Dee-Z003 JlM SMlth, CFA Plnellas County Property Appral8er 09:Z4 58
COMMercial Card OZ of 3 IMproveMent Type Warehouse
Property Address ZOZ WI~DWARD PSG Prop Use 348 land Use' ZO
StructMral Elements
Foundatlon
Floor SysteM
Exterlor Wall
H"nght Factor
Par ty Wall
Structural FraMe
Roof FraMe
Roof Cover
Cab ine t & Mlll
Floor Flnlsh
Interlor Flnlsh
Total Unlts
Cont~nuous Footing
Slab on Grade
Concrete Block
o
t~on e
~one
Bar Jo~st/R~9~d Fra~
Built Up/Hetal/Gyps
Hl.nilTlu~l
Concrete Finish
Unf~nJ.shed
o
Heatlng & All' ~one
Flxtures
Bath Tl18
Electric
Shape Factor
Quallty
Year Built
Effectlve Age
Other Oepreciatlon
Functlon Depreciation
EconOM1C Depreciation
o
None
Average
Rectangle
Average
1. 974
25
o
o
o
Sub Areas
Descrlptlon Factor Area. Descrlption Factor Area
1) Base Area 1 DO Z.I12: 7) 00 0
z) 00 0 8) 00 0
3) 00 0 9) 00 0
4) 00 0 10) 00 0
5) , 00 0 11 ) . 00 0
6) . DO 0 12) 00 0
Commercial Extra Features
Descrlptlon OlMenslons Prlce Unlts Value ReO Year
1) .00 0 0 0 0
2) .00 0 0 0 0
3) .00 0 0 0 0
4) .00 0 0 0 0
5) .00 0 0 0 0
6) .00 0 0 0 0
TO TA l RECORD VALUE 0
Building #3
Best Copy
Available
http //pao co plllel1as n us/htbm/cgl-scr3?o=1&a=1&b=1&c=I&r= 16&s=4&t=l&u=0&p
12/812003
PIllellas County Property Appr~ ~er Information 08 29 15 43380 004 0(101]
Page 5 of7
08 / 29 / 15 / 43380 / 004 / 0090
:03
08-Dee-Z003 JI~ 5~lth, CFA PInellas County Property AppraIser 09 Z4.58
Co~~ercial Card 03 of 3 I~prove~ent Type Warehouse
P rope r ty Addl"eSS 1: 0 Z wnw WA RD PSG Prop Us e , 348 Land Use' Z 0
Structural Elements
Foundation
Floor Syste~
E,< tel' lor Wall
HeIght Factor
Party Wall
Structural Fra~e
Roo f Fra~e
Roof Cover
CabInet & Mill
Floor FInIsh
InterIor Finish
Total Unl ts
Continuous Foot~ng
Slab 0 n G ,-ade
Conc rete Block
o
None
None
Flat
Bu~lt Up/l.>.Jood
Ave rage
Concrete F~nish
None
o
Heating & All' Heating&Cooling Pckg
FIxtures 0
Bath hIe
ElectrIC
Shape Factor
QualIty
Year BUIlt
Effective Age
Other Depreciation
Function DeprecIatIon
EconO~lc DepreciatIon
None
Average
Rectangle
Average
1.978
20
o
o
o
Sub Areas
DescrIptIon Factor Area DescrIptIon Factor Area
1) Base A '-ea 1 00 680 7) ,00 0
2) DO 0 8) 00 0
3) , DO 0 9) 00 0
4) .010 0 10) DO 0
5) 00 0 11) , DO 0
6) 00 0 12) . DO 0
Commercial Extra Features
DescrIption Dl~en8lon8 PrIce UnIts Value ReO Year
1) 00 0 0 0 0
2) , DO 0 0 0 0
3) 00 0 0 0 0
4) ,00 0 0 0 0
5) . 00 0 0 0 0
6) 00 0 0 0 0
TOTAL RECORD VALUE 0
Map \Vith Property Address (non-vacant)
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CITY OF CLEARWATER
POST OFFlCF Box 4748, CIR'>.RWATER, FLORIDA 33758-4748
MUNICIPAL SERVIces BUILDIN(" 100 SOU~J-I MYRTLE Avr.NUE, CLEARWATER, FLORIDA 33756
n.LEPHONF (J27) SG.2l4800 FAX (727) 562-4825
PARKS AND RECREATION
DEPARTMEN1"
December 12,2003
- .. - , ".
. ~\~!F~1l
- ~\J I j--
,- - ..... '-" ~
Mr Housh Ghovaee
Northslde Engmeermg Services, Inc
601 Cleveland St , SUite 930
Clearwater, FL 33755
, '
~\ft,~3
. ,~
" ~~ - \~<J',.b. ~t,cl!~~.~
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r-" __ or ... .. -1:
, . ,
Re The Resluefices at Wmdward Passage (55 umts)~ 202 Wmdw:a~d Passage, Ftb2'ob3"- i 1059
Dear Mr Ghovaee
Accordmg to the current RecreatIon and Open Spa~e Land Dedication OIctmapce, the above referenced prQJcct
will be reqUired to satIsfy the RecreatIon Land and RecreatlOl1 FaCIlItIes dedIcatIon reqUirement pnor to
ISSllanCe of any bmldmg permIts or final plat (If applicable), whIchever occurs first The sIte plan llldlcates the
bUlldlllg coverage IS lllcreasmg from 38,584 sf to 49,376 s f and If tl;at IS the case, the proposed !ncrease IS
wIthm the 50% threshold and will not be reqUIred to satISfy the Open Space dedIcatIOn reqUirement
In order to defenrune the amount owed, the developer or representative should complete the top pOlilon of the
attached form and return It to the CIty of Clearwater Parks and RecreatiOn Department With venficatlOn of the
Just value for the land only accordl11g to the current year's property lax assessment
Please note, thiS dedicatIOn reqUirement could be a substantIal amount and an unpact to your project
Therefore, you're encouraged to contact me at (727) 562-4817 as soon as pOSSible to estImate the assessment
and to answer any questIOns
Smeerely,
~~ "'\ t~ j~ Q<::-C:
Deborah W' Richter
Management Analyst
Attac1m1ent Open Space/RecreatIonlmpact Worksheet
Code of Ordmances, Chapter 54, RecreatIon and Open Space Land DedIcatiOn
cc
HaIdcr Development Corporation, 10719 Boca P01l1te Dr, Orldndo, FL
Art Kader, ASSIstant Dnector, Parks & RecreatIOn
Frank Gerlock, Planmng Manager
Wayne Wells, Semor Planner
3)836
BRIAr-. J AUNGS1, MAYOR COMl...lI~'IONI R
HoYT HAMill ON, VI( F Mil YOfl-COMMI,S10NrR Will j Nn G R~\, CmlMj~)IONFR
FR'\NK HIBBARD, COMMj,~IONj j{ @ 811 '-JONSON, (OMMIS~IONLR
"EQUAl EM 1'1 OYMfN I ANI) ftJ T IRMA 11,1 AC1IQN Eh1PI O'lTR"
.......
1 0 45 a m
"
Case' FLD2003-1 1059 - 202 Wmdward Passage
Owner High-and Dry Manna, Tnc
Applicant Halder D~velopment CorporatIOn
Representative Housh Ghovaee, NOlihslde Engmeenng Services, lnc
Loca (11) n' N orLh sIde of the terrrunus of W md ward Passage
Atlas Pagc. 267A
Zonlllg HDR, High Density Residential Dlstnct (applOved under LUZ2002-1 101 I)
Req ucst, Fle;nbJc Development applOval to pemul attached d weill ngs III the I:-hgh Densay Resldentml
DlstnCt with reductions of the fronl (soLllh) setback along Wmdward Passage from 25 feet to 15 feet (t9
blllldmg), from 25 feet to 13 feet (to pavement) and from 25 feet to zero feet (to dumpster stagmg area), a
reductIOn of the ~lde (west) setback from 10 feet to SlX feel (to sidewalk and boardwalk), reductions of the
rear setback lrom 15 feet to 10 feet (to bUlldmg), froth 15 feet to nme feet (to pavement) and from 15 feet
to zero feet (to boardwalk) and an mcrease In bUlldmg_ height from 30 feet to SO feet, with an addItional
seven feet (flOm 100f deck for penmeler parapets), with deVlal10nS to elimmate the reqlllred rrulllmum four
feet high landscaped fence or wall SCI eemng the parlung area5 from adjacent streets and propertles and to
lllcrease the I etcntiOn area allowa nce wlthlll the front landscape buffer from 50 percent to 61 percent, as a
RCSldenllallnflll PloJect, under the Plovlslons of SectiOn 2-504 F (retammg the eXlstlllg Ooaung docks for
sole use by the propel ty owners) and to pen11l1 a reduction of the landscape buffer along Wmdward Passage
(soulh) from 10 feet to zero feet (to pavement) and a reductIOn of the landscape buffer along the west
propel ty line from 10 feet to SIX feet (to sidewalk), as a ComprehensIve Landscape Program, under the
prov ISlOns of Section 3 -12 02 G
Proposed Use' Fifty-five attached dwelhngs
Neighborhood ASSOCiatIOn: Island Estates CIVIC ASSOCiatIOn (John Bosmosky, PO Box 3154, Clearwater,
FL 33767)
Presenter: Wayne M Wells, AlCP, SelllOf Plannel
Attcndees mcluded
City Staff. Frank Gerlol..k, Wayne Wells, Bryan Berry, Scott RIce, Duanne Anderson
ApphcantlRepresen tJ. h ve'
The DRC rcvlewed thiS apph{.ahon With the following comments:
1. Parks and RecreatIOn:
a) RecreatIOn Land and Recreation Faclllly Impact fees are leqUlred to be paid pnor to Issuance of
bUlldmg Berffilt Open Space Impact fees will nOI apply If the bUlldmg coverage mcrease IS less
than 50% of eXIslmg Per site data table, bUlldmg coverage IS mcreasmg from 38,584 sf to
49,370 sf Contact Deb Richter at 727-562-4817
2 Stormwater'
a) Water quality ponds are reqUired to have 4 1 Side slopes nUl1lmum
b) Typical pond cross sectIOn does not appeal to reflect volumc for trees ShO\'oll In landscape plan
3 Tralhc EIU!:lIleennl!,
a) Relocate or remove handicapped pjlTkmg spilce that IS located 111 the throat of Ihe d!1veway TIllS
location coupled wnh the i!djacent wall cre.Jtes a safety hazard for vehIcles backmg out of the
space WllJlout suffiCIent Sight Imes
b) DeSignate parallel parkmg along Wmdward Pa<;sage as metered public parklllg Please
coord mate With City's Parking Manager
c) ProVide suffiCient space adjacent parallel parkmg stalls to allow for installatIOn of parkmg
meters
d) PlOvlde dimenSIOns for all dnveway Widths
4, General Enl!ll1cennl!'
a) Dory Passage catch basm northwest cOlller How IS It affected With the new curb layout?
b) Show Sidewalk east of Dory Passage
c) Show glades arollnd staglllg area for garbage
d) Show ClOSS sectIOn of stagmg area
e) Condo plat to be recorded pnOl to first CO (Need to grant a Sidewalk easement for Sidewalk
around cul-de-sac)
f) No flat work (Sidewalk) wlthlll eXIstlllg 10ft samtaryeasement
DRAFT DRe Comment.lfm 12/23103 DRC Meetl/lfI - Page I of 4
,g) Move F DC connectIOn out oftlle nght-of-way
h) New 8" P V C sewer connectmg to 4" or 6" servlce wye'l New samtalY llllc should be
conslstent 1Il sIze wIth eXlstmg Ime
l) F D C cOllneclIollS for boat docks and Flow Thru Hydrant call1iot be mstalled on a 1 estllcted
pIpe lllle
J) 5 fl concrete sIdewalk to be 6" thick 3,000 PSI fi.brous concrete with 6" x 6"/10 x 10 w w f
5 PI an nlll!!'
a) Provlde on Sheet C3 I the dlmenSlOll from the front propelty lllle to the bUlldmg (north to south
dlmenslon) al the eastern driveway, the dImenSiOn from the front propelty Ill1e to proposed
pavement of the handIcap parklllg space at the western dnveway, the dimenSiOn from the rear
pronerty lmc (northeast angled propel ty lllle) to proposed pavement (para lie I parkmg spa ces), the
dlmenslOn from the rear property Ime (seawall) to the proposed pavement and to the proposed
buildlllg the dImensiOn of the width of the boardwalk along, the seawall, the dlmcnSlOn of the
wIdth of the proposed sidewalk parallel wJ1n the west side property 1ll1e (runnmg from the front
sIdewalk along Wllldwald Passage to the boardwalk), the dlmenSlOn of the Inside of Il1dlVldual
garage park111g al eas, the dimenSIOn of the dnve aisles bctween the mdl vidual garage parkmg
alea~, the dUllenSlQn of the entrance and ehlt dnves to the northern parkmg area, the length of the
east-west parklllg spaces (near the seawall) 111 the norlhern parkmg al ea, and the dimenSIOn of the
proposed fhe lane length wlthlll the nght~ot~way
b) Concemed that a vehicle may not be able to safely nlrn mto the easternmost angled parkll1g
space Il1 the northern parklllg area (look at turnmg template 10 delerl111ne) If not able, delele
parkmg space
c) To separate backmg vehicles from pal ked vehicles 111 the nO! thern parkmg area, mtroduee a
landscape Island on Ihe west end of the angled parkmg row
d) Label owner/tenant stOl age cabanas on I he wesl cend of the bUild mg
e) Reconfigure the waterfront vlslbllIty tnangle at the northern property lme al the seawall to C;ode
provlslOns
f) CUlb the edges of the westelll dnveway and southern edge of the handicap palkmg_spaee
g) Jndlcate on a-n applOpnate sheets lhat the pool deck IS above the northeln parkmg area
h) Suggest removlllg the north 10 teet of the boardwalk along the seawall, adjacent to the abuttmg
propel ty (\0 mamtam a 10 feet Icar setback at that locatiOn)
I) Unclear as to CUi ved structure wlthm the right-of-way around the transformel (?)
J) SecllOn 3-1202 D 2 provides that front slopes of stormwater retentiOn areas may compnse up to
50 pel cent of any reqlllred landscape buffer width, provided that the slope IS 4 1 or flatter and all
reqUired shmb plantmgs are not mOloe than SIX wehes below the top of the bank and provided that
the buffer width IS at least five feel m width The landscape buffer width along Windward
Passage IS J 0 feet wide The retentIOn pond IS approximately 61 percent of the fIont plOperty
width Slle, gradmg plan and landscape plan do not wmply wlth thiS reqll1rement
k) Unclear how landscapmg will work wlthm the proposed retentIOn pond due to side slopes,
especmHy the areas at the ends of the dnve aIsles between the mdlvldual garage areas
1) While the request IS belllg processmg as a Resldentml Infill Project, need to provIde Justification
as 10 how the proposal meets the cntena for attached, dwellmgs "The eXlstJ-ng structures along
the same Side of the road have been constructed With megular setbacks and the proposed
reductIOn III front ~etback will not be out of character wlth the neighborhood," and "The eAtent to
which eXlstmg stlllctures III the neighborhood have been constructed 10 a regular or umform
setback [rom the nght-of-way" If It cannot be jusllfied a deViatIOn from one or both of these
cmenons wIn be reqlllred
m) The "lelentlOn basll1 detall" on Sheet C61 IS mconslstcnt wllh SectIOn A-A on Sheet C4 1
Revlse/remove There IS no Impl ovement proposed to the parklllg area ll1 the southeast portIOn of
the Sile It IS recommended to revise thiS parkmg area lo provide landscape areas III accordance
With Code Plovlslons (or ask for reducllOns whele necessary), ll1c1udmg Improvements 10 naffic
now, number or parklllg spaces, landscape buffers, llltenor landscapmg, loadmg space and
dumpster(s) enclosure(s)
n) Depict by shadlllg or crosshatchlllg aU reqUired parkl11g lot llltenor landscaped areas Code
requ'lfes a nlllllmUm of 10 percent of the vehlcular use area (not undel the bUlldmg) to be
provided III mtenor landscape area ProvIde calculatIon on Sheet Cl 1
DRA FT DRe Comment~ fOl J 2/23/03 DRC Meetlllg - Page 2 oj 4
0) It IS unclear whether the tJ ash stagmg area llld udes under the area under the bUl Idll1g (eight
dumpsters appear to be depIcted)
p) Revise the proposed dens I ty 011 Sheet C I I to 29 92 dwelling llllltS per acre
q) Re\< Ise the parklllg caJcula tlOn on Sheet C 1 I to mdlca te parkmg at 1 5 spaces per dwelling UIlI!
(not one space) Remove the words "(per resldentldlmfill)" as part of this calculallon Revise
"parkIng rcquued" from 55 spaces to 83 spaces
r) Revise the proposed ISR on Sheet CI I from 0 95 to 0 82
s) Show on Sheet C3 1 structural overhangs (balcoOles and/or eaves) and the dIstance from the face
of the buddlllg
t) Need to submit a completed ComprehensIve Landscape Program apphcatlOn, addressmg the
reductIons hsted above and all cntena
u) Sheets A-20 I, A202, A-205 and A-206 - unclear as to what the short wallis for on the east side
of the bUlldmg Advise/denote Show also on Sheet C3 I
v) PrOVIde Sign package, ll1cludmg tlfe proposed setback from the property Ime, and the height, alea
and color of proposed Slgnage Section 3-1806 A 2 allows "one freestandmg Identity sign per
entJ ance 111 to a multi fa mil y development of no mOl e than 12 sq UU! e feet 0 f total sign face per
sign," "the height of a freestandmg SIgn shall not exceed SIX feet" and' "a freestandmg Identity
sign shall Include the address of tHe property on which the Sign IS to be located" A
Complehcnslve Sign Program will be reqUIred If the slgn(s) exceed the above prOVISions
w) Unclear why all 111dlvldual garage areas do not have fixed shutters and why all the shutters are
not at the same elevatIOn from the Level I floor elevahon
6. Solid Waste'
a) Recycl1l1g IS leqUlred Have you planned for space fOJ contalllers (90 Gallon carts, lTIlnImUm
needed == 4)?
b) Are trash chutes/trash rooms bemg proVided? If not, show dumpster 10catJOn(s) and
enclQsure(s), meetlllg CIty Code reqUirements
7, Lund Re..ources'
a) No Conunents
8 fire.
a) SHEET C5 1 SHOW 4" INCH PVC DR 14 UND"CRGROUND PIPING FOR THE OUTSIDE
REAR STANDPIPE SHEET C6 2 SHOW DETAIL OF 3" INCH PVC SC 40 PLEASE MAKE
CQRRECTlON TO MATCH SHEET C5 I AND PROVIDE DETAILS FOR OF A DOUBLE
THREADED 2 1/2" HOSE CONNECTION EQUIPPED WITH A 1 1/2" INCH HOSE
REDUCER WITH CHAIN INDICATE ON OWG PRIOR TO COB
b) ENSURE ADHERANCE WITH NFPA 14 THE STANDARD FOR STANDPIPES AND
PRIVATE HYDRANTS (PRIOR TO BUILDING PERMIT)
c) CODE SUMMARY TO REFLECT ADHERENCE TO FLORIDA FIRE PREVENTION
CODE-lOO 1 EDITION (PRIOR TO BUILDING PERMIT)
d) ENSURE THAT DRAWINGS HAVE BEEN PREPARED BY OR UNDER THE DIRECTION
OF AN ENGINEER REGISTERD UNDER CHA.PTER 471 FLORIDA STATUTES FOR ALL
ALTERATION, MODIFICATIONS, REPAIRS OR, ADDITIONS TO ANY FIRE DETECTION
OR FIRE ALARM SYSTEM AS PER FLORIDA BUILDING CODE 2001 EDITION
SECTIONI044 1 3 (5) DWGS SHALL BE SIGNED AND SEALED BY A PROFESSIONAL
ENGINEER AS PER 471 025 FLORIDA 'STATUTE (PRIOR TO BUILDING PERMIT)
e) PLANS SUBMITTAL MUST INDICATE COMPLIANCE WITH THE FOLLOWTNG
CODES FLORIDA FIRE PREVENTION CODE 2001 EDITION, NFPA 14 2000 EDITION,
NFPA 72 1999 EDITION, NFPA 13 1999 EDITION, NFPA WI 2000 EDITION, 1\'FPA 70
(NATIONAL ELECTRIC CODE) 1999 EDITION ALONG WITH 4A-47 & 4A-48 AND F S
633 PRIOR TO BUILDING PERMIT
f) INSTALL KNOX BOX KEY SAFE FOR EMERGENCY ACCESS AS PER NFPA-I 3-6
PRIOR TO BUILDING PERMIT
g) FIRE PROTECTION APPLIANCES (FIRE DEPARTMENT CONNECTION (FOe) SHALL
MAINTAIN A CLEARANCE OF 7 112 ' FEET IN FRONT AND TO THE SIDES OF
APPLIANCE AND, CLEARANCES OF 71/2' FT IN FRONT OF AND TO THE SIDES OF
THE FIRE HYDRANT, WITH A 4' FT CLEARA1'JCE TO THE REAR OF THE HYDRANT
DRAFT DRC Comments fOl j 2/23/03 DRC Meetlflg - Page 3 of 4
. ,
",
r-
ARE REQUIRED *** NOTE*** THIS INFORMATION NED TO BE INCLUDED IN THE
HOA DOCUMENTS INDICATE ALL PRlOR TO BUILDING PERMIT
9. Env.ronmellt.al
a) Flonda DEP Storage Tank regulations WIll apply If tanks are bemg removed or returned to
servIce
10 COlll1I1UIlltV Response.
a) No comments
t I LandscaDII1!!.'
a) Plan does not meet the reqUIrements of penmeter plantmgs m Code Section 3-1202 D, 37 trees
leqUlred on penmeter or eqmvalent m palms & Olnamentals as allowed m Code
b) Per Su" Mn 3-1202 B I, Code reqUIres trees to be 10' 111 heIght and 2 J!2" cal at plantlllg,
ornamental trees can be 8' 111 height and 2" cal and palms must be 10' eleal and strmght trunk at
plantll1g Make changes In Legend and submll revised page for review
c) Pel Sechon 3-1202 E 2, foundatIOn plantmgs shall De prOVided for 100% of a bUlldlllg facade
with flOl1tage along a street nght of way, e"{cludmg space necessary for bUlldmg mgress and
egress, wlthm a nUlllll1Um five foot WIde landscaped area composed of at least two accent trees
(or palm equivalents) or three palms for every 40 lmear feet ofbmldmg facade and aile 511mb for
every 20 square feet of reqmred landscaped area A 1I11111mum of 50% of the area shall contam
shrubs wllh the remamder to be ground cover
d) Per SectIOn 3-12040, ALL landscapmg must be protected from vehIcular and pedestnan traffic
by the lllstallatlOn of curbll1g and wheel stops, or other protectIve deVIces along the pcnmeter of
any landscaplllg whIch adJoms vell1cular use meas and Sidewalks These protectIve deVices shall
ha ve a 111l111mUm heIght of SIX ll1ches above'grade
e) Landscape Plan does not show the Sight trlllngles as descnbed III ArtIcle 3, DIVISIOn 9, revise the
plan to show these tnangle" at all the street and dnvcway mtersectlons
f) "LJ" shown iI1 plant schedule and mdlcated on the plan IS not vlSlble (no symbol) on the actual
plan to show exact locatIOn Please revise to show mtended locatIOn
g) Per Section 3 -1204 H, plants III the sight tnangles must be II1stalled 111 accordance with the
I eqUl remcnts III Artlcle 3, D I VIS Ion 9 to OllnUllize tl.} ffic hazards Podocarpus are shown III what
seems La be the SIght tnangle areas ReVIse as needed after SIght triangles are added
NOTES
In order to be placed on the FebrualY 17,2004, COB agenda, submIt 15 collated caples of the revIsed plans and apphcatlOn
malcnal addressmg all above departments' comments by Monday, January;;, 2004, no latel than noon Packets shall be
collated, folded' and slapled as applOpllate SubmISSIOns not appropnately orgamzed shall be deemed to be ll1SUfficlent and
remmed to the apphcant
\ IMS5clPDSIPlaJlIII IIg DepmlmCIII\C D BIFLEXlPelllt/JIg ('(lscllUp fOl Ihe /lexl DRCI Wmdward Passage 202 ReSiliences @ Wmdwal"d Pas:,Clgc
(/1 DR) IDRA F1 DRC CommCII/X for /2 23 03 DRC Meellllg /2 f 9 03 dot
DRAFT DRC Comments for 12/23/03 DRC Meetll1g - Page 4 of 4
10'45 a m
Case' FLD2003~11059 - 202 Wll1dward Passage
Owner High and DIY Mauna, Inc
Apphlant Halder Development Corporation
Rep I esen ta h ve Housh Ghovaee, N orlhs Ide Engmeell ng ServIces, I nc
LocatlOlI' Nonh sIde of the tenrunus of Wllldward Passage
Atlas Page 267A
Zonmg HDR, High DensIty Resldent131 Dlstncl (approved under LUZ2002-l1 0 11)
Request Flexible Development approval to perm'lt attached dwelhngs 111 the High Density Residential
Dlstnct wIth reductIOns of the front (south) setback along Wmdward Passage from 25 feet 10 15 feet (to
bUlldmg), fTom 25 feet to 13 feet (to pavement) and from 25 feet to zero feet (to dumpster stagmg area), a
reductlOll of the side (west) setback from 10 feet to SIX feet (to sIdewalk and boardwalk), reductIOns of the
rear setback from 15 feet to 10 feet (to bUlldmg), from 15 feel to nme feet (to pavement) and from 15 fect
to zero feet (to boatdwalk) and an Increase III bUlldmg height from 30 feet to 50 feet, With an additIOnal
seven reet (from roof deck for penmeter parapets) WIth de\ mtlOns to ehmmate the reqUIred mUllmum four
leet htgh landscaped fence or wall screenmg the parkip.g areas flOm adJaccnt streets and properties and to
Increase the I etentlOn area allowance wlthm the (ront landscape buffer from 50 percent to 61 percent, as a
Residential 1nfill PtoJect, und~r the provlSJons of SectlOn 2-504 F (retallllllg the eXlstmg floatmg docks fOJ
sole use by the property owners) and to pernut a reductIOn of the landscape buffer along Wmdward Passage
(south) flOm 10 feet to zelO feet (to pavement) a.nd a reductIon of the landscape buffer along the weSI
property Ime from JO feet to SIX feet (to SIdewalk) as a ComprehenSive Landscape Program, under the
proVISIOns of SectIOn 3-1202 G
Proposed Use Fifty-five attached dwelhngs
Neighborhood ASSOCiatIOn' Island Estates CIVIC ASSOCiatIOn (John Bosmosky, PO Box 3154, Clearwater,
FL 33767)
Presenter Wayne M Wells, AICP, Selllor Planner
l.\t1elldees IIlcludcd,
CIty Staff Frank Gerlock, Wayne Wells, Bryan Berry, Scott Rice, Dualme Andelson, Deb Richter, and
Arden DIttmer
ApphcanllRepresentativc, Barbara Norton, Sal, Debra I-Jams, Wallace Long
The DRC reviewed thiS applicatIOn With the followmg comments:
1 Parks and Recreation:
a) Recreation Land and ReCleatJon Faclhty Impact fees are reqUIred to be paid pnor to Issuance of
bUlldmg pemut Open Space Impact fees wlllnol apply If the bUlldmg coverage mcrease IS less
than 50% of eXisting Per sIte data table, bUlldmg coverage IS lllcreasmg from 38,584 sf to
49,370 sf Contact Deb Richter at 727-562-4817
2. 8tOl mwater
a) Water quahty ponds are reqUIred to have 4 1 sJde slopes numffium
b) Typlcal pond cross sectIOn does not appear to reflcct volume for flees shown mlandscapc plan
3, Traffic ElIe:lIleerml!:
a) Reloca te or remove handicapped parkmg space that is located III the throat 0 f the dn vewa y ThiS
10catlOn LOupled With the adjacent wall Cl eates a safety hazard for vehicles backlOg out of the
space WIthout suffiCient Sight !Jnes
b) DeSignate parallel parkmg along WmdwJ.rd Passage as metered pubhc parkmg Please
cOOJdmale With CIty'S Parkmg Manager
c) PlOvlde suffiCient space adjacent parallel parkmg stalls to allow for 1l1stallatlOIl of parkmg
meters DRC NOfe Suggelted speakll1g with Tu/{,eyEI UGh, Pm klllg S)mem~ Depm (ment, fi)/
de~lg/J / equlI ement:,
d) ProVide dImenSions for all dnveway Widths
4, General Enl!:lIleennlZ
a) Dory Passage catch baslllllorthwest comer How IS It affected WIth the new curb layout?
b) Show Sidewalk east of Dory Passage
c) Show grades around ~tagmg alea tor garbage
d) Show cross secnon of stagmg area
FINAL DRC Comments for 12/23/03 - Page 1 of 4
.'
e) Condo plat to be recorded pnor to first CO (Need to grant a sidewalk easement for sldewa]k
around cul-de-sac)
l) No flat work (sidewalk) wltlnn eXlstlOg 10 fr samraryeasement DRe Note Sidewalk cannot be
a poured LOllcre!e sidewalk, I emOllable pavel~ I~ acceptable
g) Move F D C connectIOn out of the nght-of-way
h) New 8" P V C sewer connectlllg to 4" or 6" service wyeCI New samrary Jme should be
consistent m size with eXlshng lllle
I) F DC connections fOl boat docks and Flow Thm Hydrant cannot be mstalled on a restrIcted
pIpeline
j) 5 ft concrete sIdewalk to be 6" thick 3,000 PSI fibrous concrete wtth 6" x 6"/10 x 10 w w f
5 PIa 1lI1lIli! '
a) Provide on Sheet C3 1 the'dlmenslon from the front propelty Imc to the blllld1l1g (north to south
dllnenslOn) at the eastern dnveway, the dm1enSlon from the front property Ime to proposed
pavement of the handIcap parkmg space at the western driveway, the dimenSion from the rear
property lllle (northeast angled property lme) to proposed pavement (parallel parklllg spaces), the
dm1enslOn from the rear property line (seawall) to the proposed pavement and to the proposed
buIldmg, the dimenSIOn of the Width of the boardwalk along the seawall, the duflenslOn of the
Width of the proposed Sidewalk parallel With the west Side property lIne (runl1ll1g from the front
Sidewalk along Wllldward Passage to the boardwalk), the dimenSIOn of the InSide of ll1dlvlduaI
garage parkll1g areas, the dimenSIOn of the dnve aIsles between the mdlvldual garage parkmg
areas, the dImenSion of the entrance ~nd eXIt dnves to the northern parkmg area, the length of the
east-west parkmg spaces (near the seawall) III the northern park1l1g area, and the dimenSIOn of the
plOposcd fire lane leng!h wlthm the nght-of-way
b) Concerned that a vehicle may not be able to safely turn 1010 the easternmost angled palkmg
space 111 the northern park 109 area (look at turmng template to detemune) If not able, delete
parkIng space
c) To separate backmg vehicles from parked vehicles 111 the northern parkmg area, mtroduce a
landscape Island on the west end of the angled parkmg row
d) Label owner/tenant storage cabanas on the west end of the bUlldmg
e) ReconfigUle the waterfront VISibIlity tnangle at the northern property lme at the seawall to Code,
proVISions
f) Curb the edges orthe westem driveway and southern edge of the handicap parkll1g space
g) Indicate on an applOpnale sheets that the pool deck IS above the nOlihern parking area
h) Suggest removmg the north 10 feet of the boardwalk along the seawall, adjacent to the abuttmg
properly (to mall1talll a 10 feel rear setback at that locatIOn)
I) Unclear as to curved structure wltlun the flght-of-way around the transformer (?)
j) Sectton 3- I 202 D 2 prOVides that front slopes of stormwater retentIon aleas may compnse up to
50 percent of any reqUIred landscape buffer WIdth, proVided that the slope'1s 4 1 or flatter and all
leqlllred shrub plantmgs are not more than SIX lIlches below the top of the bank and proVided that
the buffer WIdth IS at least five feet 10 width The landscape buffer Width alohg Wmdward
Passage IS 10 feet Wide The letentIon pond IS approxu11ately 61 percenl of the front property
Width Site, gradlllg plan and landscape plan do not comply With thiS leqUlrement
k) Unclear how landscapmg will work wnJun the proposed retentIon pond due to Side slopes,
especlall y the areas at the ends of the dnve aisles betwe'en the 1I1d I vldua I garage areas
I) While the lequest IS bemg processmg as a ReSIdentIal Infill Project, need to proVide JustlficatlOn
as to how the proposal meets the cntena for attached dwellmgs "The eXlstmg struclures along
the same Side of the road have been constructed wlth megular setbacks and the plOposed
reductIOn 111 front setback wI]l not be out of character wlth'the neighborhood," and "The extent to
which eXlstmg structures m the neIghborhood have been constructed to a regular or uruform
setbatk from the flght-of-way" If It cannot be'justificd, a devlatlon from one or both of these
cntenons Will be leqUlred
m) The' retcntJon basm detal]" on Sheet C6 I 1S inconsistent with SectIOn A~A on Sheet C4 1
ReVise/remove There IS no Improvement proposed to the parkmg area 111 ttie southeast portlOn of
the site It IS reconmlended to reVlse thiS p~rklllg area to proVIde landscape areas III accordance
With Code proVISIons (or ask fOI reductions where necessary), mcludlllg Improvements to traffic
FIN A L DR C Comments for 12/23/03 - Page 2 of 4
now, number of parkmg spaces, landscape buffers, mtcnor Idndscapmg, loadmg space and
dumpsttr( s) enclosure( s)
n) DepIct by shadlllg or crosshalchmg all reqUIred parklllg lot llltenor landscaped areas Code
requll es a llllllllllum of 10 percent of the veh I cular use 1I1 ea (not under the bUIldlllg) to be
provIded III llltenor lanqscape area Provide calculatlOn on Sheet CI I
0) It IS unclear whether the trash slagmg area Includes under the area under the bUlldmg (eIght
dumpsters appear to be depicted) DRC Note Dwwmg //ld/cales ploposed dumpster IOC[lllOlI
Thel ewe no lra~h room~ Need 10 ensure dUlllpsler~ meet enclosure requll elllents 'Stagll!g {l} ea
needs to be of adeq uale ~ lze Appltcan t needs to address des /gn and operatIOn of s taglllg (// ea on
lesubnllttal Applicant to get wah Tom Glenn m Sohd Waste
p) ReVIse the proposed denSity on Sheet Cl 1 to 29 92 dwelhng umts per a<-re
q) ReVise the parkmg calculatlOn on Sheet CI I to mdlcate parktllg at I 5 spaces per dwelling Ul1lt
(not one space) Remove the words "(per lesldentIal mfill)" as part of tIllS calculalIon ReVise
"pafklllg reqUlred" from 55 spaces to 83 spaces DRC NOfe Agl eed at DRC meetmg that
RelUlelllU/1 111ft!! requlI ement of one ;,pace per Unit will be used, as IIIIS also relates to I equlI ed
amount of hand/cap pm kmg Appllcanl may plov/(/e 'more Ihal1 the requ/I ed amounl oj pm klllg
(they ar e l/}'lIlg to gel close 10 two par kmg ~paces pel 111I1 t)
r) ReVIse the proposed ISR on Sheet Cl 1 from 0 95 to 082
s) Show on Sheet C3 I structural overhangs (balcollles and/or eaves) and the dIstance from the face
oflhe budding
t) Need to submit a completed Comprehensive Landscape Program apphcatlOn, addresslllg the
reductIOns listed above and all cntena
u) Sheets A-20 1, A202, A-205 and A-20G - unclear as to what the short wallis for on the east sIde
of the blllldmg AdVise/denote Show also 011 Sheet C3 1
v) PlOvlde Sign package, mcludlllg the proposed setback flOm the property lme, and the heIght, area
and color of proposed slgnage SectlOn 3-1800 A 2 allows "one freestandmg Identlty SIgn per
entrance mto a ,multlfalruly development of no mOle than 12 square feet of total sIgn face per
sign,' "the height of a fleestandmg sIgn shall not exceed SIX feet" and "a freestanding IdentIty
sign shall Include the addless of the propelty on which the sIgn IS to be located" A
Compreherunve SIgn Program WIll be reqUlrecllfthe slgn(s) exceed the above proVISions
w) LJ nclear why all mdlVldual glll age areas do not have fi xed shutters atJ,d why all the shurtel s are
not at the same elevation from the Levell floor elevallOn
x) Added al DRC mee1mg Cn1entl fOl "atlaohed dwellmgs" 111 the HDR D/strlct for Fle.\lbfe
Development requll es off-s/ree1 parkmg to be ~creened fi om adjacenl pm cels of land and
adjacenT streets by a lmulscaped wall 01 fence of at feast four feet III height Need EO addl ess !II
deHgfl and/or ask for a devlGllOfI 01 pamal devwllOl1
6 Solid Waste'
a) Rec ychng IS reqUl red Have you planned for space for conta ll1ers (90 Gallon cal ts, Ill! mmum
needed = 4)?
b) Are trash chu les/trash rooms bemg provided) If 110t, show dumpster locatlOn( s) and
enclosure(s), meetmg CIty Code reqUlrements
7 Land Resources
a) No Comments
8 fu.t.
a) SHEET C5 1 SHOW 4" INCH PVC DR 14 UNDERGROUND PIPING FOR THE OUTSIDE
REAR STANDPIPE SHEET C6 2 SHOW DETAIL OF 3" INCH PVC SC 40 PLEASE MAKE
CORRECTION TO MATCH SHEET C5 1 Al\1D PROVIDE DETAILS FOR OF A DOUBLE
THREADED 2 ]/2" HOSE CONNECTION EQUIPPED WITH A 1 112" INCH HOSE
REDUCER WITH CHAIN INDICATE ON DWG PRlOR TO COB
b) ENSURE ADHERANCE WITH NFPA 14 THE STANDARD FOR STANDPIPES AND
PRIVATE HYDRANTS (PRlOR TO BUILDING PERMIT)
c) CODE SUMMARY TO RIFLECT ADHERENCE TO FLORIDA FIRE PREVENTION
CODEo20m EDITION (PRIOR TO BUILDING PERi\i1IT)
d) ENSURE THAT DRAWINGS HAVE BEEN PREPARED BY OR UNDER THE DIRECTION
OF AN ENGINEER REGISTERD UNDER CHAPTER 471 FLORIDA STATUTES FOR ALL
ALTERATION, MODIFICATIONS, REPAIRS OR, ADDITIONS TO ANY FIRE DETECTION
FINAL DRC Comments for 12/23/03 - Page 3 of 4
OR FIRE ALARM SYSTEM AS PER FLORIDA BUILDING CODE 2001 ED[TION
SECTIONJ044 1 3 (~) DWGS SHALL BE SIGNED AND SEALED BY A PROFESSIONAL
ENGINEER AS PER47l 025,FLORlDA STATUTE (PRIOR TO BUILDTNGPERMIT)
e) PLANS SUBMlITAL MUST INDICATE COMPLIANCE WITH THE FOLLOWING
CODES FLORIDA FIRE PREVENTION CODE 2001 EDITION, NFPA 14 2000 EDITION,
NFPA 72 1999 EDmON NFPA 13 1999 EDITION, NFPA 101 2000 EDITION, NFPA 70
(NATIONAL ELECTRIC CODE) 1999 EDITION ALONG WITH 4A-47 & 4A-48 AND F S
633 PRIOR TO BUILDING PERMIT
f) INSTALL KNOX BOX KEY SAFE FOR EMERGENCY ACCESS AS PER NFPA-I 3-6
PRIOR TO BUILDING PERMIT
g) FIRE PROTECTION APPLIANCES (FIRE DEPARTMENT CONNECTION (FOe) SHALL
MAINTAIN A CLEARANCE OF 7 1/2 ' FEET IN FRONT At\TD TO THE SIDES OF
APPLIANCE AND, CLEARANCES OF 71/2' FT IN FRONT OF AND TO THE SIDES OF
THE FIRE HYDRANT, WITH A 4' FT CLEARANCE TO THE REAR OF THE HYDRANT
ARE REQUIRED *** NOTE*** THIS INFORMATION NED TO BE INCLUDED IN THE
BOA DOCUMENTS INDICATE ALL PRIOR TO BUILDING PERMIT
9 EnVironmental
a) FlOrida DEP Storage Tank regulatIOns will apply If tanks are bemg lemoved or returned to
service
10 Commumtv Response'
a) No comments
11 Lands\.-3plllj!:
a) Plan does not meet the I eqUlrements of pen meter plantmgs m Code Section 3 -1202 D 37 tl ees
reqUired on penmeter or eqUivalent 111 palms & ornamentals as allowed III Code
b) Per SectIOn 3 -1202 B l, Code reqUires trees to be 10' in height and 2 1/2" cal at plantll1g,
ornamental tlees can be 8' 111 height and 2" cal , and palms must be 10' clear and straight trunk at
plantmg Make changes m Legend and submll reVised page fOl review
c) Per SectIOn 3-1202 E 2, foundation pI antmgs shaH be proVided for 100% 0 f a bUild mg facade
With frontage along a street nght of way, excluding space necessal>)' fOl bUlldmg mgress and
egress, wlthll1 a minimum five foot wide landscaped alea composed of at least two accent trees
(or palm eqUlvalents) or three palms for every 40 Imear feel of bUlldmg facade and one shrub for
every 20 square feet of reqmred landscaped area A nummum of 50% of the area shall contam
shrubs wllh the remamder to be ground cover
d) Per SectIOn 3- 1204 D, ALL landscapmg must be protected from vehicular and pedestrian traffic
by the mstallatlOn of curbmg and wheel stops, or other protectIve deVices along the penmeter of
any landscapmg which adJoms vehicular use areas and Sidewalks These protectlVe deVices shall
have a minimum height of SlX mches above grade
e) Landscape Plan does not show the Sight tnangles~as descnbed m ArTicle 3 DIVISion 9, revise the
plan to show these mangles at all the street and dnveway mtersectlOns
f) "LJ" shown III plant schedule and mdlC..ated on rhe plan IS not vlslble (no symbol) on the acnml
plan to show exact locatIOn Please revise to show mtenoed locatIOn
g) Per SectIOn 3-] 204 l-I, plants 111 the SIght mangles must be mstalled In accordance With the
reqUIrements In Article 3, DlVlslOn 9 to nunllTIlZe traffic hazards Podocarpus are shown III what
seems to be the Sight tnangle areas ReVise as needed after Sight tnangles are added
NOTES
[n order to be placed on the February 17, 2004, COB agenda, sublmt 15 collated copies of the reVised plans and apphcatlon
material addressll1g all above departments' comments by Monday, January 5, 2004, no later than noon Packets shall be
collated, folded and stapled as appropnate SUbnuSSlOlls not appropnately orgamzed shall be deemed to be tllSUffiClenl and
returned to the'9Ppllcant DRe Note Appltcant will attempt to submIt on January 5. but they have been granted a tllne
eueWlO11 10 110011 on Janumy 7, 2004
IIMS5clPD 'ilPlllIlIUllg Depm ImenliC () BlrLEX\l'endlllg cases I Up for the neXI DRC \ Wmdward Passnge 202 Re,ulences @ Wmdwnrd PlIssllge
(HDR)IFlNAL DRC COI/lIIJelllsfiom 122303 DRC Meellllg 122403 doc
FINAL 0 RC Conunents for 12/2 3103 ~ Page 4 of 4
From
Sent
To
Cc
Subject
Sal,
This message IS confirming our phone conversation this morning
The Land Use Plan amendment for the High and Dry Manna sIte received approval from
the City Commission on September 18th Attached are the signed ordinances approving
the land use and zoning changes
Currently, the application tS at the State being reviewed for final comphance and the
State has indicated that they Intend to Issue the Notice of Intent on or around November
18! which serves as the States appeals penod and IS the final step In adopting
comprehensive land use plan amendments The Notice of Intent will be posted for 25
days and gives an affected party the ability to challenge before approval
If all goes as planned, the land use amendment process should be complete by the
mlddle-to-the-end of December
At that time the land use and zoning will be finalized and amended to reflect the
requested ReSidential High (RH)Future Land Use Plan category and High DenSity
ReSidential (HDR) zoning dlstnct
I will fax you the most recent letter from the State and I will see you on Monday October
27th at 930 Wayne Wells will be JOining us, so you can obtain information about the
development application process and requirements at thiS time
If you have any questions, please call or emall
Thanks,
Marc
Manana, Marc
Wednesday, October 22,2003949 AM
'shalder@hdcdtrect com'
Wells, Wayne
High and Dry Land Use and Zoning Process
Marc A. Mariano
Planner
City of Clearwater
Planning Department
marc manano@myclearwater com
727 562 4553
iJ) ~
LUZ2002-11011 LUZ 2002-11011
adopted zoning 0 adopted FLUP or
.....-~ ...
From
Sent
To
Cc
Subject
Sal-
Wells, Wayne
Tuesday, January 20,2004 1058 AM
'shalder@hdcdlrect com'
Debra Harris (E-mall),Clayton,Gma, Fierce. Lisa, Gerlock,Chlp
FLD2003-11059, 202 Windward Passage
I have spoken to Cyndl Tarapanl and Lisa Fierce regardmg your request to Increase the proposed
height of the attached dwelling bUilding at the above address to 65 feet Based on comments and
promises made to the CIty Commission regarding the land use plan amendment and rezonmg
that was requested/approved, It IS unlikely staff will support the Increased bUilding helghl above
50 feet above BFE To discuss thiS helghllssue any further, IllS recommended to set up a
meeting wllh Cyndl and myself
Should you have any additional questions. feel free 10 conlact me vIa emall or at 727-562-4504
Wayne Wells. AICP, Senior Planner
From Wells, Wayne
Sent Tuesday, January 20, 2004 10 17 AM
To Clayton, Gina
Subject RE High and Dry
Plans have been submitted and reviewed by ORe on December 23, 2003, under Case FLD
2003-11 059 The S u bm Ilted proposal was for 55 dwelling un lIs In a four -s lory over 9 rou nd level
parking bUilding (50 feet high from BFE) Based on the comments the applicant received, they
are looking to redesign the site and bUilding to provide additional open space on the site to
provlQe for stormwater dramage They antiCipate resubmitting by January 29, 2004, to go back 10
ORC on March 4, 2004 Part of the redesign they want to propose mvolves the buildmg height
gOing to 65 feet Apparently, and from minutes of the land use amendment and rezoning case,
Sal Halder promised the 50-foot height (or close to It) Cyndl has serious concerns regarding
Staff support for the Increased height being proposed, due to the comments made to the City
CommisSion at the public hearings By Code, they Will be within the height limitations as a FLD
case (30-130 feet, heigh! may exceed 80 feet If fronting on Clearwater Bay) I Will be calling Sal
thiS AM to relay lhese comments and, If he wants, he can set up a meeting with Cyndl to diSCUSS
nmOnglnal Message-----
F,rom Clayton, Gina
Sent' Tuesday, January 20, 2004 9 47 AM
To Wells, Wayne
Subject: FW High and Dry
Can you prOVide me some baSIC Info on thiS case Thanks
--- nO rI gma] M essag e -----
From: Nicodemus, Sherne
Sent Tuesday, January 20, 2004 9 39 AM
To: Clayton, Gina
Subject: RE High and Dry
No, currently listed as "on hold" Wayne IS the planner assigned & he thought they may
resubmit to go back to DRC In March
Sheme
-----Original Messagemn
From Clayton, Gina
Sent' Tuesday, January 20, 2004 9 27 AM
To: Planning
Subject: High and Dry
Have plans been submitted for the High and Dry on Island Estates?
Gma L Clayton
Long Range Planning Manager
(727) 562-4587
glna clayton@myclearwater com
Message
Page 1 of 1
Wells, Wayne
From Salman A Halder [shalder@hdcdlrecl com]
Sent Thursday, January 15, 2004 12 52 PM
To Wells, Wayne
Wayne,
I am sendIng you the attached letter via overnight delivery however In the Interest of time I am
sending you a copy as an attachment to this e-mail
With best personal regards,
Sa{man)I. Haider
Halder Development Corporation
10719 Boca Pomte Dnve
Orlando, flonda 32836
Telephone. 1 + 407 . 909 1444
facSimile 1 + 407 . 909 1446
Cellular 1 + 407 739 1070
www.HDCdlrect.com
1/15/2004
From Nicodemus, Sherne
Sent Thursday, January 08, 2004 12 19 PM
To Kambourollas, Sam
Cc Herman, Jason, Wells, Wayne
Subject FLD2003~ 11059 Map request for 1/28/04
Attached IS a map request for 202 Windward Passage, requested In advance for completion by
1/28/04
~
FLD2003-11059
Map request form,
I will bnng you the reqUired documents Please return the survey Since It IS an onglnal
Thanks fOf your help
Sherne Nicodemus
Planning 1 x4582
From
Sent
To
Subject
~
FINAL ORC
mments from 12 23
Wells, Wayne
Wednesday, December 24, 2003 11 16 AM
Debra Hams (E-mail)
Final DRC Comments for FLD2003-11 059,2002 Windward Passage
From
Sent
To
Subject
Debra -
Here are the DRAFT comments for the 12/23/03 DRC meeting
Wayne
Wells, Wayne
Friday, December 19, 2003 4 35 PM
Debra Hams (E-mail)
DRAFT DRC Comments for 12/23/03 ORC Meeting
~~
1-"
-
DRAFT DRC
,mments for 12 23 C
From
Sent
To
Subject
Debra -
As requested, here IS the Complete Letter
Wayne
Wells, Wayne
Monday, December 08,2003504 PM
Debra Hams (E-mail)
Complete Letter for FLD2003-11 059, 202 Windward Passage
Ii!L~1
o
Windward Passage
202 Complete
- -liB L ~
_-l
REQUEST DATE:
() '2- / Jf/ It/! Y
CUSTOMER NAME:
Wl1~ #dM
CUSTOMER ADDRESS:
jO/~/j'
COMPLETION DATE:
IJ '<-I Z "I Of
NAME&DATEOF C-rCfOM
MEETING REQUESTED: rJ /~ . /
a:z/ .2 (j / G
CUSTOMER PHONE #: .-
yJ'rY /'
NUMBER OF COPIES REQUESTED:
/
&
EMPLOYEE I~YJAjf:
Ilfl-
BLANK T AtpE SUPPLIED:
;
FEE CHARGED:
ClJSTOMER SJGNATURE:
DATE:
COMMENTS:
hcs 01/08/04
~-
, ,
ORDINANCE NO.70B9-03
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE ZONING ATLAS OF THE CITY BY REZONING
CERTAIN PROPERTY LOCATED ON THE NORTH SIDE OF
WINDWARD PASSAGE, APPROXIMATELY 600 FEET NORTH
OF MEMORIAL CAUSEWAY AND 920 FEET WEST OF ISLAND
WAY, CONSISTING OF A PORTION OF LOT 9 AND ALL OF
LOTS 10,11,12, AND 13, BLOCK 0, UNIT 5, ISLAND ESTATES
OF CLEARWATER, TOGETHER WITH A PORTION OF
VACATED DORY PASSAGE, WHOSE POST OFFICE ADDRESS
IS 202 WINDWARD PASSAGE, FROM COMMERCIAL (C) TO
HIGH DENSITY RESIDENTIAL (HDR), PROVIDING AN
EFFECTIVE DATE
WHEREAS, the amendment to the zoning atlas of the City as set forth In this ordinance IS
found to be reasonable, proper and appropnate, and IS consistent with the City's Comprehensive
Plan, now, therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA
Section 1 The follOWing descnbed property In Clearwater, Flonda, IS hereby rezoned, and
the zoning atlas of the City IS amended as follows
Property
See attached legal description
Zonlna Dlstnct
From Commercial (C)
(LUZ2002-11011)
To
High Density Resldentral (HDR)
Section 2 The CIty Engineer IS dlrected to revIse the zoning alias of the City In
accordance With the foregOing amendment
Section 3 This ordinance shall take effect Immediately upon adoption, subject to the
approval of the land use designation set forth In Ordinance 7088-03 by the Plnellas County Board
of County CommissIoners, and subject to a determination by the State of Flonda, as appropnate,
of complIance With the applicable requirements of the Local Government ComprehenSive
Planning and Land Development Regulation Act, pursuant to ~163 3189, Flonda Statutes
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
February 20, 2003
Attest
Ordinance No 7089-03
,--
\ . _GAl.- Dr:;SCRIPTlON
,
UPLANDS
-
A P.QRilQN OF LOT 9 AND ALL Of LOTS 10, 11, 12, AND 13, BLOCK D. UNIT 5,
ISLAND ESTATES OF CLEARWA1ER, TOGETHER WITH A PORTION OF VACAlED DORY PASSAGE,
AS RECORDED IN ,PLA1-BOOK 51,' PAGE 34, PU8UC RECORDS OF PINELLAS COUNTY,
FLORIDA. -SElNG MORE FULLY DESCRIBED AS FOu.oWS :
BEGINNING A. T THE SOUTHEAST CORNER OF SAID LOT 12; THENCE N49"23'41 tow
ALONG "THE NORTHERlY RIGHT-QF-WAY UNE Of WINDWARD PASSAGE, ~ DISTANCE OF
320.00 FEET TO 1HE POINT OF CURVAlURE Of A CURVE TO lHE. RIGHT, :n-tENCE ALONG
,SAJO CURVE, HAVlNG-'A RADIUS Of 50.00 FEET. CHORD .31..62 FEET BEARING N30"S7'4'''W,
A DISTANCE OF 32.11 nET TO A POINT OF REVERSE CURVE; ll-IENCE ALONe A CURVE
TO lHE -LEFT HA\I'ING A RADIUS OF 50.00 F'EET~ CHORD OF 73.14 FEET BEARING
N59"3-,'26"W. A .DISTANCE OF -82.C.3 FEET, lHENCE, LEA\J1b!G SAID UNE, N1S"31'Z2"W
A DISTANCE -OF 120.DO.FrrT TO .!HE POINT OF CURVATURE OF A NON-TANGENT CURVE;
THENCE-:AlONG'SAlD CURVE JO THE RfGHT HAVING A liADJUS Of" 17-0.00 FEET, A CHORD
OF 152.57 FEET tlEARlNG S77'S7'31"E.. A DISTANCE OF -j:69.50 FEET TO A POINT OF
"TANGENCY;' lHENCE S49"23"41~E. A-DiSTANCE OF 180.00 fEET TO THE PotNT CURVAThlRE
" OF "A .cuRVE TOntiE lEfT; 1HENCE, -,ALONG SAID CURVE rtA vtNG A RADJUS OF -70 00 fITT,
A CHORD OF, 74M FEET BEARING S81*42'22":E. A DISTANCE-OF 78.-96 fEET TO A POINT,
'SAID POlNT .88NG THE SOUTHWESTERLY--,CORNER OF -PHASE ,V MLLAGE ON ISLAND -rSTA TES,
AS RECORDED tN . PLAT -aOOK 35. PA~ 12, PUBUC RECORDS OF fllNEUAS COUNTY, FLORrDA,
THENCE ALONG "1HE SOUlHERL Y UNE OF SAID V1u.AGE ON ISlAND ESTATES, THE mll..OWlNG
THREE (3) COURSES :
. .
1. 549"2.3'4"".E; A DISTAbdCE OF 136.76 FEET;
2 S08'2'32~ A DISTANCE Of 81.0S FEET. AND
3 S40"3S'19"W, A DISTANCE -OF 10EL52 fITT TO A-POINT ON THE NORTHERLY
RIGHT-Of-WAY UNE OF THE AFOREMENllONED _WINDWARD PASSAGE;
THENCE ALONG SAID 1JNE N49"24'09"W, A OJSTANCE OF 61 00 FEET; THENCE
S40'36'19"W, A OIST~CE OF 20.00 FEET TO THE POINT OF BEGINNING.
CONTAINING 1.838 ACRES OR 80,078 SQUARE FEET MORE OR LESS.
ALSO,
SUBMERGED LANDS
THOSE SUBMERGED LANDS L YlNG NORTHWESTERLY Of PHASE IV, VILLAGE ON ISLAND ESTATES,
AS DESCRIBED IN O.R. BOOK 5885, PAGE 2178, PUBUC RECORDS OF P1NELLAS COUNTY, FlORIC.
AND AS SHOv.t..J HEREON.
--
EXHIBIT
i !~,~ \\
-' " ... r
'1
J
THIS IS NOT
A SURVE YI
ZONING MAP
Owner
I High and Dry Manna, Inc
f
! 202 Windward Passgoe
I
Case
I
LUZ2002-11011
Site
Property Size
(Acres)
1 83 - Property
070 - Submerged Land
From
Zoning
C
Land Use
CG
PIN
08/29/15/43380/004/0090
To
HDR
RH
Atlas Page
I 267B
I
Ordinance No. 7089-03
-
ORDINANCE NO 7088-03
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE
COMPREHENSIVE PLAN OF THE CITY, TO CHANGE THE
LAND USE DESIGNATION FOR CERTAIN REAL PROPERTY
LOCATED ON THE NORTH SIDE OF WINDWARD PASSAGE,
APPROXIMATELY 600 FEET NORTH OF MEMORIAL
CAUSEWAY AND 920 FEET WEST OF ISLAND WAY,
CONSISTING OF A PORTION OF LOT 9 AND ALL OF LOTS 10,
11, 12, AND 13, BLOCK 0, UNIT 5, ISLAND ESTATES OF
CLEARWATER, TOGETHER WITH A PORTION OF VACATED
DORY PASSAGE, WHOSE POST OFFICE ADDRESS IS 202
WINDWARD PASSAGE, FROM COMMERCIAL GENERAL (CG)
TO RESIDENTIAL HIGH (RH), PROVIDING AN EFFECTIVE
DATE
WHEREAS, the amendment to the future land use plan element of the comprehensive
plan of the City as set forth In this ordinance IS found to be reasonable, proper and appropriate,
and IS consistent with the CIty's comprehensIVe plan, now, therefore,
BE IT ORDAtNED BY THE CITY COMMISSION OF THE CITY
OF CLEARWATER, FLORIDA
Section 1 The future land use plan element of the comprehensive plan of the City of
Clearwater IS amended by designating the tand use category for the hereinafter described
property as follows
Property
Land Use Catenary
See attached legal description
From Commercial General (CG)
(LUZ2002-11 011)
To
Residential High (RH)
Section 2 The City CommisSion does hereby certify that thiS ordinance IS consistent
with the City's comprehenSive ptan
Section 3 ThiS ordmance shall take effect Immediately upon adoption, subject to the
approval of the land use designation by the Pmellas County Board of County CommIsSioners,
and subject to a determination by the State of Flonda, as appropnate, of compliance with the
applicable requirements of the Local Government ComprehenSive Planmng and Land
Development Regulation Act, pursuant to 9 1633189, FlOrida Statutes The Community
Development Coordmator IS authonzed to transmit to the Plnellas County Planning CounCil an
application to amend the CountYWide Plan In order to achieve consistency With the Future Land
Use Plan Element of the City's ComprehenSive Plan as amended by thIS ordrnance
PASSED ON FIRST READING
F~bruary 20, 2003
Ordmance No 7088-03
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Approved as to form
Leslie K Dougall-Sid
Assistant City Attorney
SeDtember 18, 2003
Attest
2
Ordinance No 7088-03
_GAt- D~SCRI?TJON
UPLANDS
-
A PORTlON OF lOT 9 AND All. OF LOTS 10, 11, 12, AND 13, BLOCK 0, UNIT 5,
ISLAND ESTATES OF ClEARWAlER, TOGETHER WlTH A PORTION OF VACAT.ED DORY PASSAGE,
AS RECORDED IN PLAT -BOOK 51, PAGE" 34, PUBUC RECORDS OF PINELLAS COUNTY,
FLORIDA. -BEING MORE FULLY DESCRiBED AS FOu..oWS -
BEGINNING AT 1l1E SOUTHEAST CORNER OF SAID LOT 12; THENCE N49"23'4'''W
AlONG lHE NORTHERLY RIGHT-Of-WAY LINE OF WINDWARD PASSAGE. 'A DISTANCE OF
320.00 fEET 1'0 THE POINT 'OF "CURVA1URE Of A CURVE TO 1HE 'RIGHT, :rHENCE ALONG
~SAIO CURVE, HAVtNG--A RADIUS OF 5G.OO FEET. CHORD .31.62 FEET BEARING N30.57'41"W~
A DISTANCE OF 3217 fEET-'IO-A POIN-T OF REVERSE CURVE; TriENCE ALTING A CURVE
TO THE.LEFT flAVlNG A RADIUS OF 50.00 FEEt, CHORD OF 73.14 FEET BEARING
N5S"31'2o"W. A DISTANCE or .82.03 FEET; lHENCE, LEAVING SAiD UNE., ,N1S"3,'Z2"W
A DISTANCE 'OF 120.DO_FEET TO -1liE POINT OF -CURVA-nJRE OF A NON-TANGENT CURVE,
THENCE-:ALOOG'SAlD CURVE_rO'iHE RIGHT 'HAVING A ~}\QjUS Of 17.0.0;0- FEET. A CHORD
OF 152.57 FEET BEARING S77"57'31"~ '_A DISTANCE OF 169..50 FEET TO A POINT OF
TANGENCY~ TH~CE'S49"2S41"E. A -.nlSJANCE-jJF, 180.00 fEET TO 'THE POINT CURVA1URE
OF A' .cuRVE TG-'THE LEFT; lHENCE. .ALO/\fG ""SAID CURVE HA VlNG .A RAOJUS OF 70 00 FEET,
A CHORD OF 74.84 FEEJ BEARlNG'SB1.4Z'22':E. A DtS1ANCE-OF 78.-% FEET. TO A POINT.
SAID POtNT-BE3NG "THE SOUTHWESTERLY--CORNER Of-PHASE fV VILLAGE ON ISLAND 1: STATES ,
AS RECORDED. tN PLAT -BOOK 35. PAGE 12. PUBUC RECORDS OF "PINEUAS GDUNT'r', FLORIDA,
n;ENCE,ALONG -THE SOU1HERL Y UNE OF SAID VU..LAGE' ON ISLAND ESTATES. THE FOli.OWlNG
-THREE (3) COURSES: .
1. S4~f"2i'41"'i- -A DISTANcE OF -136:76 FEET;
2. S08'2'32~ A DISTANCE OF 81.05" FEET; AND
3. S4!r36'1-g"'W. A DISTANCE -OF 108.62. FEET TO A-POINT ON "THE NORTHERLY
RIGHT-Of-WAY t:.1NE OF TIiE AfOREMENllONED WINDWARD PASSAGE;
THENCE ALONG SAID UNE N49"24'09.W. A DISTANCE OF 51 00 FEET; THENCE
S40"3S'1S"W, A DIST~CE OF 20.00 FEET TO THE POINT Of BEGINNING
' -
CONTAINING 1.838 ACRES OR 80.078 SQUARE FEET MORE OR LESS.
l
,.-
RH
L '
,INS
RM
JWATER
TIllS IS NO T
A SURVEY!
FUTURE LAND USE MAP
Site
High and Dry Manna. Inc
1202 Windward possgae
Zoning Land Use
C CG
Case
I
: LUZ2002-11 0 11
I
! 183
Owner
Property Size
(Acres)
PIN
To
HDR
RH
A lias Page
..1
I
I 08/29/15/43380/004/0090
I
,
I 267B
,
From
Ordinance No. 7088-03
"Ayes" Gray, Hamilton, Jonson, Hibbard, and Aungst
"Nays" None
The City Attorney presented Ordinance #7086-03 for first reading and read It by title
only CommisSioner Gray moved to pass Ordinance #7086-03 on first reading The motion was
duly seconded and upon roll call, the vote was
"Ayes" Gray, Hamilton, Jonson, Hibbard, and Aungst
"Nays" None
The City Attorney presented Ordinance #7087-03 for first reading and read It by tItle
only Commissioner Hibbard moved to pass Ordinance #7087-03 on first reading The motion
was duly seconded and upon roll call, the vote was
"Ayes" Gray, Hamilton, Jonson, Hibbard, and Aungst
"Nays" None
ITEM #11- Pubhc Heanna & First Readlnq - Ord 7088-03 and Ord 7089-03 - Approve a Land
Use Plan Amendment from Commercial General (CG) to Residential Hlqh (RH), and a Zomnq
Atlas Amendment from C, CommerG1al Dlstnct to HDR, Hlqh Density Residential District for
property located at 202 Windward PassaQe (Island Estates of Clearwater Unit 5, Block 0, a
portion of Lot 9 and all of Lots 10-13, together with a portion of Vacated Dory Passage)
LUZ2002~11011 (High and Dry Manna, Inc)
ThiS site IS located On the north Side of Windward Passage, approximately 500 feet north
of Memorial Causeway and 920 feet west of Island Way The subject site IS approximately 1 83
acres In area and IS currently developed With a high and dry storage manna faCility containing
306 berths With eight dock structures used for storing, maintaining and repairing vessels The
applicant IS proposing to amend the Future Land Use Plan deSignation of thiS property from the
CommercIal General (CG) category to the ReSidential HIgh (RH) category and to rezone It from
the C, Commercial Dlstnct to the HDR, High DenSity ReSIdentIal Dlstnct to redevelop the
property With multi-family dwellings
The Planning Department determined that the proposed land use plan amendment and
rezoning appllcatlo~ consistent With the follOWing standards speCified In the Community
Development Code~1 he proposed la~se plan amendment and rezomng application are
consistent WIth the Comprehensive Plat\3VThe potential range of uses and the current use are
compatible WIth the surroundmg area, 3) SuffiCient publiC faCilities are available to serve the
property, and 4) The apphcatlons Will not have an adverse Impact on the natural environment
In accordance With the CountYWide Plan Rules, the land use plan amendment IS subject
to the approval of the Pine lias Planning Council and the Board of County Commissioners acting
as the CountYWide Planning AuthOrity Due to the denSity of"the plan amendment Site, review
and approval by FlOrida Department of Community Affairs IS required
Commission 2003-0220
8
02-20-03
,r
The Community Development Board reviewed this application at jts January 21, 2003
meeting and unanimously recommended approval
It was stated denYing this request will not protect the current boat slips Concern was
expressed that boating IS Impacted when the waterfront IS developed and regulations restrict
boat storage In residential neighborhoods Ms Clayton said residential boat storage IS
permitted, under certain conditions
It was stated at their meeting, CDS (Community Development Board) members had
focused on which density would be appropnate as It related to height Concern was expressed
the site could be developed With a bUilding as tall as 130 feet If zoned High Density Residential
but would be limited to 50 feet In height If zoned Medium Density ReSidential Ms Clayton
reviewed Code regulations, indicating the COB would have to approve bUilding heights above
50 feet
"-
Representative Harry Cline said the area IS totally developed around the HI & Dry
Manna, which hSlS 300 boat slips The site features no landscaping He said lans a 0
construct condomlnlu e sal the request IS for a slight
Increase In enslty He Indicated more than 24 hotel unIts could be developed on the site He
said traffiC assOCiated With the sIte would be more spread out than currently He said the
proposal IS compatible With the neighborhood He distributed a copy of a letter from Roger
Larson, developer of townhouses across the street, supporting the agenda Item
Sal Hader, of Hader Devlopment, said the planned development will consist of a very
high-quality, 4;.story structure and featu~ 1 9 parking spaces per unit, more than IS required by
Code
One person spoke against and one person spoke In favor of the proposal
Mr Cline said the site plan IS not being conSidered tonight The proposed development
.".-.
Will be onl 13 fee ent marine storage structure He saia me recommended
zoning IS appropnate and the environment of the nelg orhood and park fits better With
reSidential rather than commerCial development He said 28 boat slips are planned
As required by state law, Long Range Planning Manager Gina Clayton announced
anyone Interested In receiving a NotIce of Intent from the DCA (Department of Community
Affairs) for the proposed plan amendment should sign the form proVided
In response to a question, Ms Clayton stated the site would have more traffiC If
redeveloped for commerCial, rather than residential, uses
::f' It was noted the area features many hlgh-rrse structures It was stated the loss of boat
storage IS not a baSIS to deny thiS application
Concern was expressed the development would Increase denSity In a coastal hlgh-
hazard area Planning Director Cyndl Tarapanl said the proposed Increase IS negligible The
allowed denSity IS the same for both High and Medium DenSity ReSidential zoning It was
recommended the developer give neighbors assurances that the project Will not exceed "50 feet.
.
Commission 2003-0220
9
02-20-03
It was noted Insurance premiums have Increased so significantly the owner of the HI &
Dry Manna cannot afford to operate the business It was stated motel development would be
more dense It was felt the courts need to work out Issues related to ownership of nearby
submerged lands In response to a question, the City Attorney said property owners have the
fight to request that their property be rezoned to a higher denSity The CIty Commission then
deCides whether or not to approve the request
In response to a question, Mr Cline said he was troubled by the proposal to approve a
zoning category not requested He said staff had recommendedJhe property be rezoned Hlqh
DenSity ReSidential He could not say at thiS time If Medium DenSity ReSidential zoning would
be acceptable In response to a question, Ms Clayton said traffiC analYSIS compares highest
potentials for each use It was stated the current structure on thiS site already blocks the views
of reSidents
Commissioner Jonson moved to deny Item #11 The motion was duly seconded
CommiSSioners Gray and Jonson voted "Aye", Commissioners Hamilton qnd Hibbard and
Mayor Aungst voted "Nay" Motion failed
CommisSioner Hamilton moved to approve the request a Land Use Plan Amendment
from Commercial General (CG) to Resldentlal High (RH), and a Zoning Atlas Amendment'from
the C, Commercial District to the HDR, High DenSity ReSidential Dlstnct for property located at
202 Windward Passage (A portion of Lot 9 and all of Lots 10, 11, 12, and 13, Slock 0, Unit 5,
Island Estates of Clearwater, Together With a portion of Vacated Dory Passage, In Section 09, ~
~ Township 29 South, Range 15 East), noting the City Commlssl a t devel ment of "....
~ thiS site to e2Cceed 50 feet, ctnd that the approp 0 IClals be authOrized to execute same The
mollon was aUly secondeo Commissioners Hamilton and Hibbard and Mayor Aungst voted
"Aye", Commissioners Gray and Jonson voted "Nay" Motion camed
The City Attorney presented Ordinance #7088-03 for first readIng and read It by title
only Commissioner Hamilton moved to pass Ordinance #7088-03 on first reading The motion
was duly seconded and upon roll call, the vote was
"Ayes" Gray, Hamilton, Hibbard, and Aungst
"Nays" Jonson
MotIon camed
The CIty Attorney presented Ordinance #7089-03 for first reading and read It by title
only CommissIoner Hibbard moved to pass Ordinance #7089-03 on first reading The motion
was duly seconded and upon roll call, the vote was
"Ayes" Hamilton, Hibbard, and Aungst
"Nays" Gray and Jonson
Motion carned
Commission 2003-0220
10
02-20-03
r
It was requested when staff reviews applications that they recommend the lowest
densIty that meets the developer's needs Ms Clayton said staff does not always have access
to all relevant mformatlon
Public Hearing - Second Reading Ordinances
ITEM #12 - 0rd 7060-03 approvlnQ the applicant's request to vacate the 16-foot alley IYlnq
alonQ a line 2 feet west of and parallel to the west property line of Lot 6. Block 16, Map of
Bellealr, fA K A 509 "0" Street), subject to the retention of a drainage and utility easement over
the westerly 15 feet of the alley, (V2002-13 CIty of Clearwater)
The CIty Attorney presented Ordinance #7060-03 for second reading and read It by title
only CommissIoner Gray moved to pass and adopt Ordinance #7060-03 on second and final
reading The motion was duly seconded and upon roll call, the vote was
"Ayes" Gray, Hamilton, Jonson, and Aungst
"Nays" None
Absent Hibbard
CITY MANAGER REPORTS
CONSENT AGENDA (Items #13-20) - Approved as submitted
Consent Agenda Items require no formal public hearing and are subject to approval by a
single motion However, any CIty Commissioner or the City Manager may remove an Item from
the Consent Agenda for diSCUSSion and Individual vote
ITEM #13 - Approval of Purchases per PurChaSlnq Memorandum
1) Work Order to revise and update master plan on a cosUbeneflt analysIs and reduction to
downstream Impacts for $88,042 from Parson Englneenng SCience, Tampa, Flonda, for
Alligator Creek Watershed Management Conceptual Plan (PW)
2) Work Order for engmeenng, construction and Inspection services for $72,710 from Post,
Buckley, Schuh & Jernigan, Inc , Tampa, FlOrida, for Clearwater Beach street Improvements to
Papaya and Baymont Streets and construction of two parking lots at East Shore & Causeway
(PW)
3) Purchase of four (4) Flygt pumps for $62,540 from EK Phelps & Company, Apopka, Flonda
(PWfWPC)
4) Purchase of Gas Matenals - PE pipe and fittings for $210,000 from MT Deason Company,
Inc, Birmingham, Alabama (GAS)
CommiSSion 2003-0220
11
02-20-03
COMMUNITY DEVELOPMENT BOARD MEETING
CITY OF CLEARWATER
January 21,2003
Present Carlen A Petersen
Ed Hooper
David Gildersleeve
Edward Mazur, Jr.
Shirley Moran
John Doran
Kathy MIlam
Chair
Vice Chair
Board Member
Board Member
Board Member
Board Member
Alternate Board Member - voting
Ab~ent Alex Pllsko
Board Member
Also Present Leslie Dougall-Sides
Cyndr TarapaOl
LIsa Fierce
Gma Clayton
Brenda Moses
Assistant City Attorney
PlanOlng Director
Assistant Planning Director
Long Range Planning Manager
Board Reporter
The Chalf called the meetmg to order at 200 pm at City Hall, followed by the Invocation
and Pledge of Allegiance
To provide continuity for research, items are in agenda order although not
necessarily discussed In that order.
A APPROVAL OF MINUTES OF PREVIOUS MEETING. December 17,2002
Member GIldersleeve moved to approve the minutes of the regular meeting of December
17,2002, as submitted In wntten summatIon to each board member. The motion was duly
seconded and carried unaOlmously
B REQUEST FOR CONTINUANCE (Item 1)
1 Case. FLD2002-10036 - 900 North Osceola Avenue" Leve/2 Appl1catfon
Owner Decade aD-XIV
Applicant Clearwater Bay Manna, LLC
Representative Don Hamil
Location a a9-acres located on the west SIde of North Osceola Avenue, at the western
terminus of Nicholson Street
Atlas Page 277B
ZOOlng D, Downtown Dlstnct
Request FleXible Development approval to Increase the height of a building With attached
dwellings from 30 feet to 149 feet (as measured from base flood elevation), as a
Comprehensive Inflll Redevelopment ProJect, under the prOVIsions of SectIon 2-903 C, and to
reduce the buffer Width along the north property line from 10 feet to five feet, as a
ComprehenSive Landscape Program, under the prOVISions of Section 3-1202 G
Proposed Use The application Includes 146 attached condominium Gwelllngs, eIght attached
townhome dwellings, 120-sllp manna (73 public slips and 43 slips reserved for condos), and
7,500 square-foot nonresIdential uses (restaurant/ship's store/manna office)
CommunIty Development 2003-0121
1
1/21/03
The Planning Department recommends approval of the following actions on thIs
application
1. Amend the Future Land Use Plan deslgnatlon of Metes and BOl,lnds parcels 13/04
& and portIon of 13/044 from Residential Urban (RU) to Residential/Office Limited
(RlOl) (pending case ANX 2002-12023)
2. Ameod the Zoning Dlstnct designation of Metes and Bounds parcels 13/04 & a
portIon of 13/044 from A-E, Agncultural Estates Residential to 0, Office (pending
ANX 2002-12023)
In response to a question, Planner Marc Manano said this address IS oorrect It was
changed by the Englneenng department because 7 Hampton Road was assigned to the former
homeowner, Who was not annexed Into the City and 10 Hampton Road IS not avaIlable
Member Mazur moved to approve the Consent Agenda Item C1 - Case FLD2002-
10034, Item C2 - Case FLD2002-10035 with 14 conditions as listed, Item C3 - Cases
FLD2002-11039/PT2002-11003 with 8 conditIons as listed, Item C4 - Cases FLD2002-
11038/PL T2002-11002 with 8 condltlons as listed, Item C5 - Case FLD2002-11042/Pl T2002-
11005 with 6 conditions as listed, Item C6 - Case FLD2002-11041/PL T2002-11004 wIth 8
conditions as lIsted, Item C7 - Case FLD2002B11043 with 11 conditions as listed, Item C8-
Case FLD2002-10033 with 3 conditions as listed, and recommend approval of Consent Agenda
Item C9 - Case ANX2002-10017, Item C10 - Case ANX2002-11022, Item C11 - Case
LUZ2002-11012, Item C12 - Case ANX2002-11019, Item C13 - Case ANX2002-11020, Item
C14 - Case ANX2002-11 021, Item C16 - Case ANX2002-12023, and Item C17 - Case
LUZ2002-12013, less Item #15 - Case LUZ2002-11011. The motion was duly seconded and
carried unanimously
e1E~-' G'ase', UJZ2Q02~~4 01\1 -;-,202 Windward~Passage Level 3 Appl1cation
-. ~.. },r;gfk'1~~~ .....~--f'Ho/!!:~:\h~~~~@-)V'"..'~-0 l,
'_ qwneli/A.~f:ilicamt:'l~llgh^and ID~"v1ahha~, Inc
,c ,~..:'~k.t~<,~~'i<-?,iM;; ~1'"""",,~"_.
ReQJ;esentatl~e~"mar~'S~l.tUQe'~EstilUl~e .;
Lg,~Jt~31f~~~1ni'~~~,~!p,~~~rd~;;'~Rl[rb)ilffl'~iel'l"
~e~1f.ort5:onv1erifdnal~eaMStiwa~an(P920 feet wes~:0rnslaJl~~Waf!.;Jtf
~~~~~~.
Request
(c) Land Use Plan amendmentfrom Commercial General, CG to the Residential High, RH
Classification, and
(d) Rezoning from the C, CommercIal Dlstnct to the HDR, High DenSity Residential District
Proposed Use Future multi-family dwellings
Neighborhood Assoclatlon(s) Island Estates CIVIC ASSOCIation
Presenter. Marc A Manana, Planner
This Item was pulled from the Consent Agenda
Member Hooper declared a conflict of Interest
The 1 83-acre subject site at 202 Windward Passage, approximately 500 feet north of
Memonal Causeway and 920 feet west of Island Way, IS occupied by a high and dry storage
manna facIlity containing 306 berths with eight dock structures used for storing, maintaining and
repairing vessels The applicant IS proposing to amend the Future land Use Plan deSignation
of thIS property from the Commercial General (CG) category to the Residential High (RH)
Community Development 2003-0121
29
1/21103
category and to rezone It from the C, CommercIal District to the HDR, High DensIty ReSidential
District to redevelop the property wIth multi-family dwellings
In accordance with the CountywIde Plan Rules, the land use plan amendment IS sUbject
to approval by the Plnellas Planmng Council and Board of County CommISSIoners acting as the
CountYWide Planning Authority Due to the density allowed by this plan amendment, revIew and
approval by the Florida Department of Commumty AffaIrs IS required.
An amendment to the Future Land Use Plan from Commercial General (CG) to
ReSidential High (RH) and a rezonmg from the C, Comm~rclal District to the HDR, High DenSIty
ReSidential District for the subject property IS requested to enable the applicant to develop this
site WIth multi-family dwellings. The neighborhood is surrounded by a manna use to -the west, a
park and multi-family residential uses to the south; Clearwater Harbor to the north and multi-
family reSidential to the north and east. The proposed reSidential use Will blend Into the
surrounding neIghborhood since this IS a primarily reSidential area.
The proposed ReSIdential High (RH) Future Land Use Plan claSSification and HDR, High
DenSIty ReSIdential zoning dlstnct are consistent With both the City and the Countywide
Comprehensive Plans, IS compatible WIth the surrounding area, does not reqUire nor affect the
proVISIon of publiC services, IS compatible With the natural envIronment and IS consistent With
the development regulations of the City
The Planning Department recommends approval of the follOWing actions on thiS
application 1) Amend the Future Land Use Plan deSignation of 202 Windward Passage from
Commercial General (CG) to ReSidential High (RH), and 2) amend the zoning district
deSignation of 202 Windward Passage from the C, CommerCial District to the HDR, High
DenSity ReSIdential District
In response to a question, Mr Mariano said the applicant IS proposmg to bUild 55 umts at
A a height of 64 feet, which exceeds FEMA (Federal Emergency Management Agency)
~ restrictions of 14 feet The eXisting bUilding IS approximately 45: feet high The complex
Immediately south of thiS property contains three story garden style townhomes Dolphin Cove
CondominIums are elqht floors hIgh Mr Manana said the development potentIal of the
CommerCial GenerairCleslgnatlon on thiS property IS the most Intense deSignation permitted
Mannas and office bUildings could be bUilt In a Commercial General land use deSignatIon area.
DISCUSSion ensued regarding the evacuation of a CommerCial General deSignated area Ms
Tarapanl remarked that suffiCient warmng always IS given to people when the potential for a
hUrricane eXIsts It was remarked that thiS request IS resulting In ~ net reduction of the number
of sites to store boats Demand for boat storage remains high Mr Manana said he was not
aware of any formal proposals regardm9 manne storage faCIlities In the City He said the
Clearwater Yacht Club IS nearby He said he has, on occaSion, received complaints regarding
on-street parking on days when thiS manne faclhty IS bemg used heaVily
Harry Chne, applrcant's representative, said Dolphin Pomt Condominium is 10 stories
over parking The maximum height of thiS bUilt would be 45 feet The applicant's property IS on
a cui de sac and at the end of a finger He felt a Commercial deSignatIon IS appropnate on thiS
street The site has over 300 boat slips WIth limited safes and servIce ThIS property IS paved
100% from lot line to lot hne and has no open space Parkmg also has been a problem ThiS
proposal IS to rezone thiS property from CommerCial to High DenSity Resldentral to construct a
condominium development Th~ surroundlngJlogers also are zoned High Density Residential
He said thiS development would not be a mgh-nse condominium development There would be
Community Development 2003-0121
30
1/21/03
four residential levels over arkmg He referred to draft renderings of the project. He said the
tra IC and nOise would decrease with thiS proposed use Currently, on hohdays the traffic
demand exceeds capacity on thiS street. He said the Village condomIniums have Indicated they
were supportive of thiS proposal as long as a high rise IS not bUilt He said thiS project is
compatible with the surrounding area
The Chair noted that the CDS IS only conSidering the request to change the land use
and zOning today, not the site plan or the project
In response to a questIon, Mr Cline said the current land use allows 30 units per acre.
ThiS proposal IS for four additional Units per acre or a total of 11 Units over the current capacity
It was remarked that the DCA (Department of Community Affairs for Flonda) has been denYing
requests for land use changes that Involve additional numbers of Units Mr Cline sard those
demals were applied to projects on barner Islands and those clbes' zOning and land use plans
may differ from Clearwater's regulations
In response to a question, Ms Tarapam said staff IS aware of other beach communities'
land use and zoning deCISions Clearwater's primary obhgatlon IS to proVide Increased hOUSing
throughout the City She said staff feels thiS proposal would result In a small, Incremental
Impact on the system
~Sal Halder, developer, said thiS project would result In a high quahty product With four
storIes over a garage The project would be bUilt Wlthm the allowable space He said although
the project exceeds the Code's height requirements, 110 parking spaces under the bUIlding IS
planned, which exceeds parking requirements In response to a question, Mr Haider said
preliminary plans are to Incorporate 23 - 26 boat slips, which would be available for sale to
reSidents of thiS complex Some parking spaces would Include garage doors
Ten persons spoke In OppOSItion of the applicatIon.
In response to a question, Mr Cline said the applicant's survey Indlc~tes that his client
owns the submerged lands He said a title search IS being done to confirm hIS claim.
In response to a question, Ms Clayton said the unmetered parking spaces that one
reSident referred to on the south side of the subject site are merely a result of people parking In
the City nght-of-way Mr. Cline said thiS proposal would provide for on sIte parking for property
owners
Ms Tarapam reviewed the process for notification of adjacent property owners regarding
applications involVing a request to deViate from Code regulations She saId the issue of
property ownership of the submerged lands under the docks at the Village on this site IS a
matter between the two property owners, however staff welcomes any mformatlon or
documentation regarding the matter The applicant IS claiming ownership rights The Village
property owners have Indicated that applicable permits those docks were obtained In 1982
It was remarked that the land use plan In the area on the northeast SIde of Windward
passage IS ReSidential Medium In response to a question, Ms Clayton said If thiS site was
zoned ReSidential MedIum, the appropriate zomng designation could be MDR or MHDR
Heights In the MHDR throu h a fleXible public hearing could be up to 50 feet: In MDR up to 40
ee rough a staff approval. or 50 feet throug a pu -lc earlng was remarked that Just
south of Dolphin Pornt IS ReSloentlal Medium and to the south of that IS Commercial General
Community Development 2003-0121
31
1/21/03
,~
"
zoning It was remarked that this request IS for Residential High but appears that It more closely
parallels Residential Medium Ms Tarapam said Skiff Drive and Dolphin POint have a
ResIdential HIgh designation and there also IS Residential Medium adjacent to the site It was
remarked that the Residential High designation may be out of character between a Residential
Medium and Commercial General designation Ms Clayton said Res;dentlal Medium density
allows 15 units per acre and Residential High allows 30 umts per acre.
In response to a question, Ms Tarapam said FEMA requires various flood elevations as
measured from the first floor of hVlng space She said In this current Commercial zoning
deSignation, the applicant could bUild a hotel which could potentially be a height of 25 to 50 feet
through a staff approval or flexible standard or higher through a Comprehensive InflU request
In the Commercial District, 40 umts per acre would be permitted Office bUildings also could be
bUilt In the Commercial District Ms Clayton said the Englneenng department has indicated the
utIlity capacity on Island Estates would not be adversely affected by thiS project
Mr Chne said he IS sympathetIc to reSidents' concerns regarding height of the prOject
He said the request before the COB today IS a zoning and land use Issue He feels thiS request
IS appropriate for the area and IS compatible With the surrounding area
It was remarked that the specific elements In the site plan for thiS project would be
reviewed by staff and the COB prior to any approvals for setbacks, etc The City CommISSion
reviews the COB's recommendations and makes the final deCISion regarding these cases
Member Doran moved to approve Item #15, Case LUZ2002-11 011, subject to the Issue
of ownership of the submerged land being determined to the satisfaction of the City Attorney's
office The motion was duly seconded
In response to a question, Mr Cline said he felt the Issue of ownership of the submerged
lands could be divorced from thiS applicatIon He IS In possession of a land survey, which
Indicates that as part of the legal deSCription, the submerged lands belong to hiS client.
ASSistant City Attorney Dougall-Sides said the zomng map has no deSignation for that parcel
Mr Chne said he would Withdraw that portIon of the application described as submerged lands
D DIRECTOR'S ITEMS
Administrative Law Judge Determination
Ms. Dougall-SIdes said In the case Involvmg the granting of a dock permit to Apphcant
Chnstopher C Mananl, the final order of the Admlmstratlve Law Judge J Lawrence Johnston
upheld the COB's determination not to pull the appeal from the COB's Consent Agenda and
hold a full judiCIal heanng on the request The Judge also speCified which portions of the record
should be forwarded to DOAH (DIVISion of Admlnrstratlve Hearings) Ms Dougall-Sides said the
judge's deCISIon speaks well for future deCISions of the COB with respect to those types of
appeals
Community Development 2003-0121
32
1/21/03
.-
Community Response Team
Planning Dept. Cases - ORC
Case No. ~"?LIiJ;)(}(j3 ~ (105;,- '/ Meeting Date: /l-;<?G < /. J ~cJ () Y
Location: ,20 -;;< (,( li;v~ 6( /r< rr ~ I~ hf ""- 7<'
o Current Use: ,1-10/;[ l /J/~/ /~(,f-( /1 0<- _
o Active Code Enforcement Caset~es
o Address number~nO) (vacant land)
o Landscaping ~ (no)
o Overgrown (yes) @
o Debris (yes)~
o InoperatIve vehicle(s) (yes) ~
o Buildmg{s) ~falr) (poor) (vacant land)
o Fencing ~gOOd) (dilapidated) (broken and/or missing pieces)
o pain€):)falr) (poor) (gansh)
o Grass Parking (yes)~
o Residential Parking Violations (yes) @
o Signage (none) ok) not ok) (billboard)
o Parking (n/a (~"'(handlcapped) (needs repaving)
o Dumpster (enclosed)
o Outdoor storage (yes
Comments/Status Report (attach any pertinent documents)
Oate3/Q / c../ ReViewed . y
ReVised 03-29.01, 02-04-03
fl 0- elephone ~~d (/ /20
,
-,
1 :55 pm
Case Number: FLD2003-1IU59.. 202 WINDWARD P5.G
Owner(s) HIGH & DRY MARINA INC
202 WINDWARD PSE
CLEARWATER, FL33767
TELEPHONE No Phone, F^"",X No Fax, E-MAIL No Emml
WINDWARD PASSAGE CONDOMINIUMS L
10719 BOCA POINTE DRIVE
ORLANDO, FL 32836
TELEPHONE 407-909-1444, FAX 407-909-1446, E-MAIL No EmaJI
Representative. HOUSH GHOV AEE
601 CLEVELAND STREET
CLEARWATER, FL 33755
TELEPHO!\TE 727-443-2869, FAX 727-446-8036, E-MAIL nestech@rrundspnng com
LocdtlOn 1 83 acres located on the north side of the western temllnus ofWmdwaJd Passage
Atlas Page 267A
Zomng Dlstnct C, Commercial
Request FlexIble Development approval to penmt 55 aUached dwell111gs m the HIgh DenSity Resldentlal Dlstnct
WIth reductions to the front (south) setback along Wmdward Passage from 25 feet to 15 feet (to bUlldmg),
from 25 feet to 13 feel (to pavement), from 25 feet to 10 feet (to screenmg wall and sidewalk) and from 25
feet to 12 feet (to dumpster sta'gmg area), reductlOns to the rear setback from 15 feet to 13 8 feet (to pool
deck) and from 15 feet to zero feet (to boardwalk) and mcreases to buddmg heIght from 30 feet to 60 feet
(to roof deck), With an addltlonal eIght reet for penmeter parapets (from roof deck) and an addlllOnal 23
feet for elevator/staircase towers (from roof deck), as a ResldentJallnfiJl Project, under the proVISIOns of
SectIOn 2-504 F (retamll1g the e:xlstmg floatmg docks tor sole use by the property owners)
Proposed Use Attached dwellmgs
Neighborhood CLEARWATER BEACI-} ASSOCIATION
ASsoclatlOn(s). CLEARWATER, FL 33 76:J
827 MANDALA Y AVE
TELEPHONE 727-446-5801, FAX No Fax, E-MAIL dmacnav@att nell
Presenter Wayne Wells, Senior Planner
Attendees Included CHY Staff Wayne Wells, Chip Gerlock"Scort RIce
AppltcantlReprcsenlal1ve Housh Ghovaee, Debra Hams, Sal Halder
The DRC reViewed tillS application wllh the tollowmg comments.
General Engmeermg
I 1) F 0 C connectlons for boat docks and Flow Thru Hydrant cannot be Il1stallel.:l on a restricted
plpehne
2) Does the new F D C connection meet a muumum of IS ft from blllldlllg'J
3) Show cross sectIOn of staglllg area
4) All p1antlllg wlthm the unltty easement along the westerly property lme WIll be lIlstalled at the
property owner's nsk The City Will not be responsIble for any/all uprooted or damaged plants
\ovlthm easement If the City needs to mamtam / replace I mstalI any or aU utilities
Applicant
t?LA f,. ~ e\. 0+
"u. Ac.~~
~--k.
All of the above to be addressed pnor to CDB
Pnor to C 0
1) Condo plat to be recorded (Need to grant a SIdewalk easement for Sidewalk around
cul-de-sac)
EnVironmental'
Flonda DEP Storage Tank regulatlons Will apply Iftank<; are bemg removed or returned to
service
Fire:
Be,st Copy
Available
Development ReView Agenda - Thursday, Apnl 1,2004 - Page 32
r-
SHEET C5 1 SHUW 4" INCH PVC DR 14 UNDERGROUND Pl.t'lNG FOR THE OUTSIDE
REAR STANDPIPE, SHEET C6 2 SHOW DETAIL OF 3" INCH PVC SC 40 PLEASE
MAKE CORRECTION TO MATCH SHEET C5 1 AND PROVIDE DETAlLS FOR OF A
DOUBLE THREADED 2112" HOSE CONNECTION EQUIPPED WITH Al 1/2" INCH
HOSE REDUCER WITH CHAIN INDICATE ON DWG PRJOR TO COB
2 ENSURE ADHERENCE WITH NFPA 14 THE STANDARD FOR STANDPIPES AND
PRlV ATE HYDRANTS INDICATE PRJOR TO Bep
3 CODE SUMMARY TO REFLECT ADHERENCE TO FLORIDA FIRE PREVENTION
CODE-2001 EDITION INDICATE PRJOR TO BCP
4 ENSURE THAT DWGS HAVE BEEN PREPARED BY OR UNDER THE DIRECTION OF
AN ENGINEER REGISTERD UNDER CH.APTER471 FLORIDA STATUTES FOR ALL
ALTERATION, MODIFICATIONS, REPAIRS OR, ADDITIONS TO AI\TY FIRE
DETECTION OR FIRE ALARl\.1 SYSTEM AS PER FLORJDA BUILDING CODE 2001
EDITION SECTION 104 413 (5) OWGS SHALL BE SIGNED AND SEALED BY A
PROFESSiONAL ENGINEER AS PER 471025 FLOH.lDA STATUTE INDICATE PRIOR
TO Bcr
5 PLANS SUBMITTAL MUST INDICATE COMPLIANCE WITH THE FOLLOWING
CODES FLORIDA FIRE PREVENTION CODE 2001 EDITION, NFPA 142000 EDITION,
NFPA 72 1999 EDITION, NFPA 13 1999 EDITION, NFPA 101 2000 EDITION, NFPA 70
(NATIONAL ELECTRIC CODE) 1999 EDITION ALONG WITH 4A-47 & 4A-48 AND F S
633 INDICATE PRIOR TO BCP
6 INSTALL KNOX BOX KEY SAFE FOR EMERGENCY ACCESS AS PER NFPA~1 3-6
INDICATE PRIOR TO BCP
7 FffiE PROTECTION APPLIANCES (FIRE DEPARTMENT CONNECTION (FOe) SHALL
MAINTAIN A CLEARANCE OF 71/2' FEET IN FRONT At"\ID TO THE SIDES OF
APPLIANCE AND, CLEARANCES OF 71/2' FT IN FRONT OF AND TO THE SIDES OF
THE FIRE,HYDRANT, WITH A 4' FT CLEARANCE TO THE REAR OF THE
HYDRANT ARE REQUIRED *"'* NOTE*"'* THIS INFORMATION NED TO BE
INCLUDED IN THE HOA DOGUMENTS INDICATE ALL PRIOR TO BCP
Harbor MJlster,
No Comments
Legal'
No Comments
Land Resources:
No Comments
Landstapmg:
I 3/4/2004 (A 0)
Add a few pond or bald cypress m the retentIOn area to complete the penmeter
Best Copy
Available
12/1/2003 (A_D)
Plan does not meet the reqlllrements of perimeter p lantmgs III Code Sec tlOn 3- 1202 D
37 trees requlJed on penmeter or equlvllent III palms & ornamentals as allowed III Code
2 same comment
12/1/2003 (A_D)
Per SeulOn 3-1202 B I Code reqlllres trees to be 10' III height and 2 1/2" cal at plallLmg,
omamenlal trees can be 8' In height and 2" cal, and palms must be 10' clear and strmght trunk at
plantmg Make changes In Legend and subrrut revlsed page for review
3 Many plants are not labeled or labeled mcorrectly "HI" IS "HT" on the plan and the "FP" IS
shown at 14" to 16" 0 A where thiS should be m feet and C T (clear trunk) SAubnut reVIsed
plan for review
Parks and RecreatIOn'
1 Recreation Land and RecreatIOn Faethty 1l11pact fees are leqUlred 10 be paid pnor to Issuance of
bUlldmg pemut Open Space Impact fees 'WIll not apply Ifthe bUlldmg coverage Increase ]S less
than 50% of eXisting Per Site data table, bUlldmg coverage IS mcreasmg from 38,584 sf to
42 832 sf Contact Deb Richter at 727-562-4817
Stormwater'
No Comments
Sohd Waste:
Development ReView Agenda - Thrnsday, Apnl1, 2004 - Page 33
1 Recyclmg IS reqUired Have you planned for space fOl contamer" t90 Gallon carts, mlOlOlUm
needed = 4)
2 Are trash chutes/trash rooms bemg plOvlded? Hnot, show dwnpster 10catlOn(s) and
enclosure(s), meetmg City Code reqUirements
Trallic Engmeenng
I I Parallel parkmg spaces must be 8' wlde excludlllg gutter
All of the above to be addressed pnor to CDB
Traffic Impact Fee 10 be detemuned and paid pnor to C 0
Planmng:
Development Review Agenda - Thursday, Apnll, 2004 - Page 34
~-
,
3/24/04 - WW
Show waterfront VlSIblhty triangles at both comers of property at the seawall on Sheets C3 I and
L1 1, meetmg Code PlovlsJOns
12/11103 - WW
Reconfigure the waterfront v]slb]lity tnangle,at the northern property Ime at the seawall to Code
provlSJons
2 3/24/04 - ww
Curb with vertical CUI bmg the edges of the western driveway, the east edge of the eastern
dnveway and the south edge of the dumpster stagmg area
12111103 - WW
Curb the edges of the western dnveway and southern edge of the handicap parkmg space
3 3/24/04 & 12111/03 - WW
Will Ie the request lS bemg pi ocessmg as a ResIdentla II nfi 11 ProJ ect, need to P] oVlde JUs tlficatlOl1
a,> to how the proposal meets the cntena for attached dwelhngs "The eXlstmg structures along
the same Side of the road have been constructed Wlth lrregular setbacks and the plOposed
reductlon In front setback Will not be out of character Wit h the neIghborhood," and "The extent to
WhlC,h eXlstmg stmctures m the neighborhood have been constTUcted to a regular or umform
setback from the nght-of-way" If 1t cannot be Justified, a devlal10n from one or both of these
cntcnons Will be reqUired
4 3/24/04 - WW
The "retentiOn basm detail" on Sheet C6 1 IS lllconslstent With the gradmg e]evatlOns stated on
Sheet C4 1 ReVise
12/11103 - WW
The, "retentIOn bas11l detail" on Sheet C6 1 IS IllCOnslstent With SectlOn A-A on Sheet C4 I
Rev]se/remove There IS no Improvement proposed to the parking alea m the southeast portion of
the Site It IS recommellded to revise thiS parkmg area to provIde landscape areas III accordance
WIth Code proVISIOns (or ask for reductIOns \'; here necessal~), mcludmg Improvements to traffic
flow, number ofparkmg spaces, landscape buffers, lIltenor ]andscaplllg, loadmg space and
dumpster( s) enclosure( s)
5 3/24/04 & 12/11/03 - WW
Depict by shadmg or crosshatclllng all reqUired parkmg lot lIltenor landscaped areas on Sheet
C3 I Provide 111 the Slte data table on Sheet ell the square foorage of paved velucu]ar use area
outSide of the'footprml of the propos_ed bUlldmg and the amount of mtellor landscape area
proposed (nlllllmum of 10 percent of the vehicular use 3l ea [not under the bUlldmg]) Ensure
calcu]atlon on Sheet C1 I matches the actual square footage bemg provIded
6 3/24/04 & 12/11/03 - WW
Show on Sheet C3 I structural overhangs (balcOnies and/or eaves) and the distance from the face
of the bUlldmg
7 3/24/04 - WW
Provide sign package for apy proposed freestandmg or attached signs, mcludmg the setback from
the property Illie (freestandmg sign), and the height, area and color
12/11/03 - ww
Provide sIgn package, 1l1cludmg the proposed setback from the property ]1I1e, and the height, area
and color of proposed slgnage SectIon 3-1806 A 2 allows "one freestandmg IdentIty sign per
entrance mto a mull1fanuly development of no mOl e than 12 square feet of total sign face per
sign," "the height of a freestandmg sign shall not exceed SIX feet" and "a freestandmg Identity
SIgn shallmc\ude the address of the property on wlilch the Sign IS to be loca tcd" A
ComprehenSive Sign Program WIll be reqUIred If the slgn(s) exceed the above prov]SJOns
8 Four handicap parkmg spaces are requlTed and only two spaces are provided ReVise
9 Unclear as to the need for the slQewalk m front of the southern row ofparkmg ProVISIOn ofthls
Sldewa Ik reduces the amount of la.ndscape area and land~capmg that could be planted III front 0 f
the bUl]dmg, and Wlll reqUire a reductIon to the front setback SuggestIOn IS to remove the
SIdewalk and relocate the low wall bad, to be adjacent to the front of the parkmg spaces
10 Sheet C3 I IS too busy WIth mformatlOn bemg portrayed Need to clearly lIldlCdte whele the
bUlldmg Ime IS (whether on the ground 01 above on fIrst floor), mc1udmg Ime weIght or
open/solid hnes Also unclear ]s the dashed Imes and their slgmficance to the project review
Suggest removmg some of thc shadmg or crosshatchmg, whIch makes 11 difficult to understand
1 I Based on the front (south) bUl1dmg elevatIOn, It appears that there are colwl1llS at ground level for
the front of the bmldmg, mIme baSIcally With the front of the southern parkmg row Show on all
CIVil site plan sheets A]so, blacken these columns (rather than gray shaded) on Sheet A-tO I
Deve]opment ReView Agenda - Thursday, Apnll, 2004 - Page 35
12 Indicate III the site uata table on Sheet CI I the front setback to the lJulldmg Additionally,
dimenSIOn the setback on Sheet C3 I
13 It appears that, as part ofthls request, a five-foot wide boardwalk IS belllg proposed on the
waterside of the seawall Thls IS construed to fall under the dock provlSlons of the Code and all
provISions and requuements for docks must be subrrutted \Vlth this apphcatlOn Suggest
removlllg such boardwalk at thiS time and lllclude such under a dock request 10 the future
Alternately, the "descnptlOn ofrequests" m Exhibit A mdlcates that a zero feet rear setback IS
requested to the proposed board walk If It was Intended to have the boardwa lk on the land side,
then revise the site plan
14 Provide dimenSIOns to all parts of the bUlldmg, pavement, aceE-ssory structures (mcludmg pool
deck and arbors), etc to property Imes on Sheet C3 I for accuracy of advertlsmg and mclude
such setbacks 10 the site data table on Sheet CI 1
15 Remove proposed FAR from Site data table on Sheet CI I Project wIll be reviewed based on
denSity and ISR
16 A landscaped solid four-foot high wall or fence IS reqUired to screen all parklllg from streets and
adjacent properties Indicate on site plan and landscape plan
17 Suggest removmg wheel stops 111 the center parkmg rows under the bUlldmg to aVOld tnppmg
occunel1ces
18 Dlm~nslOn the width of landscape Islands ,on Sheet C3 I
19 Re\ lse the request to that mdlcated Provlde Just!fiCal10n through the cntena for these reductIOns
and devlatlOIlS
20 Legal descnptlOn lllcludes submerged lands to the north (OR Book 5885, Page 2178) Survey
Includes these submerged lands lnclude 1I1 site plan (may be a separate sheet that shows the
lelatiOnshlp of the mam upland area to these submerged lands) Narrative needs to 1I1clude the
llltentJons,ior these submerged lands
21 Show stalTS 111 southeast portIOn of the site (next to elevators) on all site plan sheets
22 SI te plan mdlcates an apparent trelhs-type structure west of the pool If such, please label
23 Plovlde,on the elevatIOns the typical matellals and color of the extenor of the bUlldmg elements
PrOVide color samples/chips for the proposed colors
24 Code perrruts pampels 10 exfend above the roof deck 30-mches Without any speCial approvals
The propo~ed mansard/parapet lS eight feet above the roof deck This mcreased height \Vlll need
to be mcluded m the request, wuh appropnate JustificatIOn
25 Code permlts ele'vator, stair, mechamcal rooms and like iaClhtles to extend a maXImum of 16 feet
above the loaf deck The prqposed elevator, stau and mecharucal rooms extend 23 feet above
the roof deck Unclear why the proposal could not be reduced to the maximum of 16 feet above
the roof deck Otherwise, the mcreased height will need to be part of the request, \Vl th detuded
explunatlOn or JustlficatlOn as to why the Code linutatlon cannot be met
26 After reviewing the tape ofthe'Clty ComollsSlOn meetmg dealmg With the land llse amendment
and rezolllng for tlus property, where there was much diSCUSSion regardmg the anticipated height
of the reSidential structure, Staff will not support a blllldmg height greater than 50-52 fect above
FEMA elevatIOn
27 In the N an a bve under" History," It IS stated m the next to last sentence that the pnor proposal
(I eVlewed at the 12/23/03 ORe meetmg) was gomg to exceed the maximum ImpervIOUS surface
ratIo of 0 85 ThiS IS lllcorrect, as the SHe data table mcorreetl y hsted the ISR as 0 95 when It
should ha've been 0 82 (open-space oro 18) ReVise statement, as the project met the hrrutatlon
28 ReVise the N arratwe for ReSidential Intill Project cntena #7 to Identify the top of the roof deck at
60 feet above BFE, the parapel at 68 feet above BFE and the top of the ele'vator/mechalllcal
towers at 82 75 feet (rounded to 83 feet) above BFE
Other'
No Comments
Notes:
Be,5t Copy
Available
Development ReView Agenda - Thursday, Apnll, 2004 - Page 36
Page 1 of 1
Wells, Wayne
From John r1ccl@att net
Sent Saturday, January 20,2007222 PM
To Shoberg, Elliot E
Cc Wells, Wayne
Subject Stormwater Runoff Concern
Elliot,
I was given your name by Wayne Wells to hopefully better understand an Issue of significant concern for our
community
The new development known as "The Residences at Windward Passage", 202 Windward Pass, Clearwater, has
Installed a drainage field on the north side of the bUilding The concern we have had from the beginning was that
thiS swale may become a breeding ground for msects and wildlife If not properly constructed to drain
We have photographed the construction of thiS installation at various phases In order to provide a permanent
record
Today IS Saturday, January 20,2007 and we have had no ram for the past two weeks Unfortunately, there IS a
Significant amount of standing water We as a community feel thiS condition IS a threat to the health and welfare
of our reSidents
1 What IS the formal Identification of the drainage design?
2 If the mtent of thiS field was to completely drain water within a reasonable time frame, what are the
englneenng standards for a reasonable time frame?
3 If the Intent of thiS field was to retam water, what agency was responSIble for the acceptance of thiS
design?
Please adVise
John RICcl@att net
1/21/20Q7
r
Page 1 of 1
Wells, Wayne
From Wells, Wayne
Sent Fnday, January 05,2007816 AM
To 'John nccl@att net'
Cc Thompson, Nell, Tefft, Robert, Reynolds, Mike
Subject. Lighting
John -
The Code language IS what It IS Such a determination of whether the Ilghtmg produces more than a "diffuse
shadow" would be up to the Code Inspector
More specific language would be the subject of a Code amendment ThiS section IS being reviewed for potential
change I will pass your concern to the planners working on this section
Wayne
--~--Onglnal Messagenm
From: john nCCI@att net [mallto,john rlCCI@att.net]
Sent: Friday, January 05, 20078.09 AM
To: Wells, Wayne
Subject: Lighting
Wayne,
Before I proceed with The Commumty Response Team, I wanted to confirm that thIS IS as specIfic
as Jt gets regardmg "mtruslve lIght condItion"
Division 13. Outdoor LIghting
B. Locatw". All outdoor light fixtures shall be located so that objects or land which are
located beyond the boundaries of the parcel of land are not illuminated to an extent of
producmg more than a diffuse shadow.
Unfortunately, thiS IS qUIte vague and subjective Could there be a lumens speCIficatIon
somewhere?
Regards,
John
1/7/2007
Page 1 of 1
Wells, Wayne
From'
Sent
To
Cc
Subject
Wells, Wayne
Thursday, January 04,2007540 PM
'John nccl@att net'
Shoberg, Ell/at E
The Residences at Windward Passage
John -
As to stormwater runoff Issues, you are correct that follow-up should be with Elliot Shoberg He IS now the
Stormwater Engineering Manager (phone 562-4748)
As to outd oor Ilg htl ng, DIvIs Ion 13 of Article 3 of the Commu n Ity Development Code regu lates ou tdoor IIghtln g
Any complaints regarding outdoor lighting should be directed to our Community Response Team DIvIsion (phone
562-4720) If you do not have a copy of the outdoor Ilghtlng regulations, and/or you have questions regarding the
regulations, you may stop by our offices and see the ZOning Counter, or they are available at
WIN'N munlcode com at their online library
Wayne
-----OngInaI Message-m~
From: John nCCl@att,net [mallto John nCCl@att net]
Sent: Fnday, December 22/ 20069'35 AM
To: Wells, Wayne
Subject: The ReSIdences at Windward Passage
Wayne,
A couple years ago, as then PreSident of "The VIllage on Island Estates", I commumcate:d with
you on several occasIOns regardmg the project referred to as "The ReSIdences at Wmdward
Passage" An understandmg, satIsfactory to our attorney and our aSSOCIatIOn, was concluded and
the referenced project contmued ummpeded from our perspective
Today, I am no longer the PreSident but I am deCIdedly one of the most closely located neighbors
and one of the most lIkely to be affected by two Issues Stonnwater run off and lIght pollutIOn
As for the stonnwater run off, earher you adVised me to contact EllIot Shoberg Is he stIll the PE
responsIble for over seemg the installatIon of the dramage retentIOn pond that has been Installed
and should I follow up WIth Elliot?
Regardmg the.lIght pollutIOn, are there ordmances III place? Who can aSSIst me m rectlfymg or
understandmg thlS Issue?
Smcerely
John Riccl@att net
1/4/2007
Page 1 of 1
Wells, Wayne
From Wells, Wayne
Sent Monday, September 18, 2006 323 PM
To, 'CWJlllams@vccusa com'
SubJect RE BCP2005-0 151 OG Hold
Thank you for the information I have signed off on the permit
-----Original Message-----
From: CWllliams@vccusa com [mallto'CWllliams@vccusa com]
Sent: Monday, September 18,200612'38 PM
To: Wells, Wayne
Subject: BCP200S-01510G Hold
Wayne,
I spoke with you earlier today about the hold that IS on our permit revISion Attached are photos of
the down pipes There IS 30'-0" from one pipe to the other spanning 3 parking spaces Please let
me know If you need any other Information on this Issue
Thanks,
Chris Williams
Project EnglneerNCC
Residences at Windward Passage
202 Windward Passage
Clearwater, FL 33767
Office 727 467 0539
Cell 2146680604
Fax 214 6879404
9/1812006
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Wells, Wayne
Subject
Fahey, Robert
Thursday, September 22,2005908 AM
Melone, Donald
Rice, Scott, QUillen, Michael, Wells, Wayne, Gluskl, Roberta, 'Doreen Williams', Neff, Andrew
Badami, LouIs
RE 202 Windward Passage
From
Sent
To
Cc
Don,
Doreen can contact me If she has any questions regarding the potable water system I would like a little more Information
on what exactly the developer has been asked to Install If this Involves Improvements to any portion of the public water
distribution system, then Engineering and the Public UtilitIes Department will want to see plans of the proposed utilities
Improvements Including design calculations for review and acceptance prior to any work being authorized
Rohert S Fahev, EI
en" of Ckarw,tter
IJublic \\lurk- ,\elmH""' nllOll - L I1gH1LU Lng
IOu" ,\II/nle 'IVl.l111<", R'lum 220
U~1"\'1r~1 I k'nJ~ 33756
PhonL (/27) 562-4608
I'" (727) 56~.~75::;
umOngmal Message-.-u
From Melone, Donald
Sent Wednesday, September 21, 2005 12 27 PM
To Fahey, Robert
Cc Rice, Scott, QUillen, MIchael, Wells, Wayne, Gluskl, Roberta, 'Doreen Williams'
Subject 202 Windward -Passage
Th e above referenced site has a n active perm It for the site developm en t See site perm It n urn ber BCP2005-Q 1510
I received a call'from Ms Doreen Williams with NorthSlde Engineering and Informed me that there has been a fire flow
test done for the above referenced site The test results Indicated that there Isn't enough flow In the eXisting malll to
supply water to the project referenced above The Fire Marshall Will not allow additional permits without proper fire
protection The developer has been asked to Install a larger main to the supply water to the bulldJng to have adequate
fire flows The eXisting water main system In the surrounding area (Atlas 267B) IS all 6" water mains With a dead end
6" main which serves the property There IS a 12" water main along the easterly right-of-way of Island Way that feeds
Island Estates Is there a model that we can plug In some numbers to help In the deSign of the system along
Windward Passage? Will the City help out With the cost and lor deSign, or IS up to the developer to deSign and Install
a new system?
I will be off for two weeks starling Septemb_er 26th and returning on October 11 th Doreen IS off the next few days but
Will be mOnitoring her e-malls Could you or the appropriate somebody keep In touch With Doreen about th~ status and
all deCISion making In my absence? Northslde's office phone number IS 443-2869
1
~
CDB Meetmg Date
Case Number
Agenda Item
Owner
ApplIcant
RepresentatI ve
Address
~p'" --
'..
Mav 18. 2004
FLD20Q3-1I059
Dl
HIgh and Dry Manna, lnc
Windward Passage CondomInIums LLC
Mr Housh Ghovaee. NorthsIde Engmeermg Services. rnc
202 Wmdward Passage
CITY OF CLEARWATER
PLANNING DEPARTMENT
STAFF REPORT
GENERAL INFORMATION:
REQUEST:
FleXIble Development approval to permit 55 attached dwellings m
the High DensIty ResIdentIal DIstnct wIth reductIOns to the front
(south) setback along Wmdward Passage from 25 feet to 11 5 feet
(to bUlldmg), from 25 feet to 15 feet (to pavement) and from 25 feet
to 12 feet (to dumpster stagmg area), a reduction to the rear setback
from 15 feet to 13 feet (to pool deck) and an l11crease to bUlldmg
heIght from 30 feet to 60 feet (to roof deck), as a ResIdentIal Infill
Project, under the prOVISIons of SectiOn 2-504 F (retammg the
eXlstmg floatmg docks for sole use by the property owners)
EXISTING ZONING/LAND USE: HIgh Density Residential (HDR) Dlstnct, ResIdentIal HIgh
(RH) Category
PROPERTY SIZE:
PROPERTY USE-
1 838 acres
Current Use High and dry manna
Proposed Use Attached dwellmgs (55 UllltS - condommlUm)
ADJACENT ZONING/LAND USES:
North PreservatIOn (P), MedlUm Density Residential (MDR), HIgh
DensIty Residential (HDR) and Medium HIgh DensIty ResIdential
Dlstncts, Water, attached dwellings (condommlllills)
East MedIUm Density ReSIdentIal (MDR) Dlstnct, Attached
dwellmgs (condomllllums)
South CommercIal DIStnCt, City park, attached dwellmgs
(townhomes) and offices
West Commercial DIstnct, Marma
Staff Report - Commumty Development Board - Ma y 18, 2004 - Case FLD2003- ] 1059 - Page 1
,,-
...,
"-
CHARACTER OF THE
IMMEDIATIi.: VIC1NITY: ResIdentIal uses dommate the area generally to the north, wIth
townhomes to the south The area to the south IS generally
developed with a manna to the west and office, mdoor entertalmnent
and boat repmr to the southeast
ANALYSIS:
Site LocatIOn and EXisting Conditions: The I 83 acres sIte IS located on the north side of the
western termmus of Wmdward Passage The site IS currently developed with a high and dry
manna, with the bUlldll1g approXImately 40 feet m height The eXlstmg bUlldmg IS a maSSIve
vel11cal and honzontal blank fayade, due to the nature of the eXIstmg use (basIcally a large
warehouse bmldmg for the dry storage of boats with no Windows or fenestratIOns). Offices, the
Cleaf\vater Manne Institute and boat repaIr busmesses are to the southeast Townhomes of two
stones above ground~level, mdIvIdual garages eXist dIrectly to the south The Sunset Sam Park
also IS to the south, west of the townhomes A wet marina eXists to the west, at the western
tenmnus of Wmdwmd Passage (Island Yaeht Club) The Village on Island Estates condommlUms
IS to thc east and the north, which are two stones above ground-level, mdIvldual garages
Proposal: The proposal mcludes constructmg a 55-umt (condommlUms), five-story bmldmg over
ground-level parkmg ThIS parcel prevIOusly was zoned CommercIal (C) Dlstnct, With a
CommercIal General (CG) land use category Tn 2003, to proVIde for the redevelopmcnt of the
property for attached dwellmgs, the zomng was changed to HIgh DenSity ReSIdential (HDR)
Dlstnct and the land use category was amended to ReSIdentIal High eRH) (Case No LUZ2002-
I 1011) As a FleXible Development Iequest m the HDR DIstnct, the heIght of a bUIldmg for
attached dwellmgs could be between 30-130 feet WhIle thIS request IS bemg processed as a
Resldenl1al Infill Project due to requested reductIOns to setbacks, FleXible Development cntena for
attached qwelhngs In the HDR Dlstnct permIt the bUIldIng height to exceed 80 feet when thc
parcel fronts on Clearwater Bay or IS separated_from Clearwater Bay by a public open space ThIS
'proposal IS seekmg to construct a reSIdentIal buIldlt1g only 60 feet Il1 height P,!:rapets wIll not
exceed the Code proVISIOns of 30-mches above thc roof deck and elevator/statr/mechamcal rooms
Wll! not exceed the maxnl1um 16 feet above the roof deck
Thc Site presently containS eIght floatIng docks used for the High and Dry manna, which WIll be
retamed at thiS tIme for sole use by the reSIdents and guests of the condommlUlTI The applIcant
does antICipate reconstructmg these docks for the attached dwellmgs m the future, which WIll
reqUITe CommuOlty Development Board review of a FleXible Development request for a multl-l!se
dock, and potentIally will mclude a boardwalk over the water at the seawall AdditIonally, the
proposal Includes submerged lands to the north that IS currently developed WIth docks for the
VIllage on Island Estates COndOlTImlUIllS The applIcant IS not proposmg any change to these
docks or the use of these docks by the VIllage ofIsland Estates Condommmms reSIdents
The sIte today has parkmg spaces that are pnmanly south of the eXlstmg bmldmg, WIth many
phYSIcally located and backmg mto the nght-of-way of Wmdward Passage Pomts of access are
presently located on the eastern portIon of the site (vacated Dory PClssage) and on the western
portion at the cul-de-sac Access and parkmg will be reconstructed to remove all parkmg that IS
Staft Report - Conunumty Development Board - May 18, 2004 - Case FLD2003-11059 - Page 2
'l,
,....
located wlthm and backmg Into the nght-of-way and will restnct pOInts of access to the eastern
portiOn of the SIte at the vacated Dory Passage locatiOn and on the western portIOn at the cul-de-
sac The proposalmcludes ground-level parkmg for 112 parkmg spaces, at a ratlo of2 04 parkIng
spaccs per umt By Code, only 83 parkmg spaces are reqlllred at the ratIO of 1 5 spaces per Ulllt
Code reqUIres parkmg to be screened from adjacent nghts-of-way and parcels of land-by a four~
foot hIgh wall or fence The proposal mc1udes a four-foot hIgh wall along Wmdward Passage, but
has not mdlcated a wall or fence along the east and northern portlOn of the site Approval of thiS
request should Include a conditiOn to provide such on the SIte plan pnor to the Issuance of any
pernllts ThiS proposal also mcludes eight metered, parallel parking spaces wlthm the Wmdward
Passage nght-of-way for park users and guests of the area
The proposed bUIlding will have five floors With 11 umts per floor Umts will range between
2,000 and 2,900 square feet Umts Will have a north/south onentatIOn, WIth the exceptIon of the
l!mts on the western end of the bmldmg havmg an east/west onentatlon Umts wtll be accessed by
an open-air walkway along the southern SIde of the bUIlding A clubroom IS proposed on the
western end of the second level, which mcludes an open patIO The proposal mcludes a pool,
mcludmg a shade treilts, on the western portlon of the SIte
The request IS bemg processed as a ReSidential 1nfill Project to pernI1t attached dwellings wlthm
the HDR Dlstnct due to setback reductiOns bemg asked for to the buddmg, pavement, a dumpster
stagmg area and the pool deck A comer of the pool deck a,nd the deck at the shade trelhs IS
proposed at aJ3-foot rear setback The pool deck and deck at the shade trellIs has been deSigned
WIth a syrmnetncal configuration, producmg the 'mInor tnangular deck encroachments mto the
reqUIred 1'5-foot rear setback The proposed southeast corner of the bUIldIng IS located at an 11 5-
foot front setback, however, the maJonty of the bUlldmg and pavement IS at a 15~foot front
setback The dumpster stagll1g area IS proposed at a 12-foot front setback The property IS of an
llTegular shape due to the cul-de-sac "bulb" on the west end and the vacated Dory Passage that
Jogs northward 20 feet To mlmmlze the distance trash dumpsters must be moved to the trash
dIsposal tmck but stIll respect a utIlIty easement at the southeast comer of the, Site, the dumpster
stagll1g area has been placed at a 12-foot front setback In order to deSIgn the bmldmg to respect
the shorter north/south lot dimenSion on the west end due to the cul-de-sac, whIle provIdmg some
bmldmg symmetry, the property Jog due to the vacated Dory Passage produced an lIS-foot front
buIldmg setback on the east end The rear setback reqmrement IS 15 feet, however, the BUlldmg
Code reqUIres an 18-foot setback from seawalls To aVOid a vanance to the BUlldmg Code setback
to the seawall, the bUlldll1g has been moved shghtly forward, producll1g the front setback
reductIOns requested EXlstmg setbacks to bUlldmgs and pavement along Wmdward Passage are
Irregular, With some blllldmgs and pavement at a zero setback The Tsland Yacht Club to the west
at the terrnmus of Wll1dward Passage has pavement at zero setback (front and Side) The
townhome bUlldll1gs to the south are approximately 20 feet from the front property hne, but WIth
mdlvldual dnveways provldmg for parkmg that backs mto the nght-of-way A boat repair
busmess at 241 Wmdward Passage has a zero-foot front setback to bUlldmg and pavement
Offices at 251 Wmdward Passage are also at a zero-foot front setback to bUIldmg Pavement for
the Villages on Island Estates IS at a front setback of approxllllately eight feet
The apphcant has not shown any proposed slgnage at tms tIme, as they have not yet detenmncd the
style, locatIOn or size of slgnage deSired Future sIgnage WIll need to meet Code proVISions All
Staff Report - Commulllty Development Board - May 18, 2004 - Case FLD2003-11 059 - Page 3
,.......
reqUirements of the Flonda Fire Prevention Code wIll need to be met pnor to Issuance of a
buddmg permit Pnor to the Issuance of a bmldmg permit, RecreatIon Land and RecreatIOn
Facility Impact fees will need to be paid
The redevelopment of this site, wIth enhanced landscape Improvements, Wlll Improve the
appearance of tlus sIte and the surroundmg area All applicable Code reqUirements and cntena
mc1udmg, but not limited to, General ApplicabilIty cntena (Section 3-913) and ResIdentIal blfill
Project cntena (Section 2-504 F) have been met
Code Enforcement Analysis: There are no outstandmg enforcement Issues associated WIth this
sIte
COMPLIA.NCE WITH STANDARDS AND CRITERIA: (Sections 2-501.1 and 2-504):
STANDARD PROPOSED CONSISTENT INCONSISTENT
MAXIMUM 55 dwellmg umts X
DENSITY (30
dwelling u m ts per
acre) (55 dwelling
units maximum)
IMPERVIOUS 067 X
SURFACE RATIO
(ISR) (0.85 maximum)
LOT AREA (15,000 I 838 acres, 80,082 square feet X
sq. feet minimum for
attached dwellines)
LOT WIDTH (150 South 495 feet X
feet mimmum for
attached dwelhnl!s)
,FRONTSETBACK South 11 5 feet (to bmldmg), 15 feet X
(10-25 feet) (to pavement) and 12 feet (to dumpster
staging area)
REAR SETBACK (0- North ] 3 feet (to pool deck) X
15 feet}
SIDE SETBACK (0- East ] 3 7 feel (to pavement) X
10 feet) West 25 feet (to pool deck)
HEIGHT (30-130 feet 60 feet (to roof deck) X
maximum)
PARKING SPACES 112 spaces (2 04 spaces per umt) X
(1.5 spaces per unit-
attached dwellings; 83
spaces reqUired)
Staff Report - Conmmmty Development Board - May 18, 2004 - Case FLD2003-11059 - Page 4
-~
r-
COMPLIANCE WITH FLEXIBILITY CRITERIA (Section 2-504.F):
Consistent InconSIstent
1 The development or redevelopment of the parcel proposed for X
development ]S otherwise economically nnpractIcal wIthout dev18hons
[rom the mteflSlty and development standards
2 The development of the parcel proposed for development as a X
resldentlal mfill project wIll not matenally reduce the fair market
value of abuttm.g propertIes
3 The uses wIthm the reSidential mfill project are otherwise permitted m X
the dIstnct
4 The uses wIthm the resIdentIal mfil1 project are compallble With X
adjacent lands uses
5 The development of the parcel proposed for development as a X
resldenllal mfill project will upgrade the ImmedIate VICInity of the
parcel proposed for development
6 The design ofthe proposed resIdenhalmfill project creates a fonn and X
functIOn wluch enhances the commuruty character of the ImmedIate
VIClllIty of the parcel proposed for development and the City of
Clearwater as a whole
7 FlexIbility ITI regard to lot width, reqUIred setbacks, heIght and off- X
street parkmg are Justified by the benefits to commumty character and
the ]mmed18te VICITIIty of the parcel proposed for development and the
City of Cleanvater as a whole BUIldmg height may only exceed 80
feet, however, If the parcel proposed for development fronts on ,
Clearwater Bay or IS only separated fTom Clearwater Bay by a publIc
open space
COMPLIANCE WITH GENERAL STANDARDS Section 3-913):
Consistent
InconSistent
1
Development of the land wIll be m harnlony WIth the scale, bulk,
covera e, densIt and character of ad acent ro ertIes
Development will not lunder or discourage development and use of
ad acent land and bUlld1l1 s or sIgmficantl 1m aIr the value thereof
Development will not adversely affect the health or safety of persons
resIdm or workm m the nel hborhood
Develo ment IS desl ed to mmllTIlze traffic con estlon
Development IS consIstent With the commumty character of the
ImmedIate Vlcmlt
DeSign of the proposed development mmlillIzes adverse effects,
mcludmg VIsual, acoustic and olfactory and houts of operation
1m acts on ad acent ro ertIes
x
x
2
x
3
x
4
5
x
X
6
Staff Report - Commuruty Development Board - May 18, 2004 - Case FLD2003-11 059 - Page 5
.
SUMMARY AND RECOMMENDATION:
The Development ReVIew CommIttee revlew~d the applicatIOn and supportmg materials on
December 23, 2003, and April 1, 2004 The Plannmg Department recommends APPROVAL of
the FlexIble Development approval to pemut 55 attached dwelhngs In the High DensIty
ResidentIal DIStrict wIth reductIOns to the fTont (south) setback along WIndward Passage from 25
feet to 1 ] 5 feet (to bUIldmg), from 25 feet to 15 feet (to pavement) and from 25 feet to 12 feet (to
dumpster stagmg, area), a reductIon to the rear setback from 15 feet to 13 feet (to pool deck) and an
Increase to bUlldmg height from 30 feet to 60 feet (to toof deck), as a ResidentIal Infill Project,
under the provlSlons of Sechon 2-504 F (retammg the eXIstmg floatIng docks for sole use by the
property owners) for the site at 202 Wmdward Passage, with the followmg bases and conditions
Bases for Approval
1 The proposal complies with the Flexible Development cntena as a ResIdentIal Infill PrOject
per SectIon 2-504 F
2 The proposal IS In compliance wIth other standards Il1 the Code mcludmg the General
ApplIcabilIty Cutena per SectIOn 3-913
3 The development IS compatible WIth the surroundmg area and wIll enhance other
redevelopment efforts
CondItIOns of Approval
I That the unal desIgn and color of the bUildIng be consistent with the conceptual elevatIOns
submitted to, or as modIfied by, the CDB,
2 That boats moored at the eXlstmg floatmg and future docks be for the exclusIve use by the
residents and/or guests of the condommIUms and not be permItted to be sub-leased separately
from the condommIUllls,
3 That all Fire Department reqUIrements be met pnor to the Issuance of any permit, and
4 That payment of RecreatIOn Land and Recreahon FacIlity Impact fees be patd pnor to the
Issuance of the bUIldmg penmt,
5 That a four-foot hIgh landscaped, solId fence or wall to screen parkmg be shown on the SIte
plan along the east and northern portIon of the parkmg area pnor to the Issuance of any
permIts
Prepared by Planmng Department Stiff
ATTACHMENTS
Aenal Photogrdph of SIte and VICInity
LocatiOn Map
Future Land Use Map
Zonmg Atlas Map
Apphcatlon
IlMS5rlPDSIPlanlllllg DeparllllellllC D BlrLEXlPemlmg caJe~IUpfor the'lIql CDBlWllldward Pas;age 202 Residences @ Wmd\',ard Passage
(HDR)l Wmdward Passage :202 Staff Reporr doc
Staff Report - Commumty Development Board - May 18, 2004 - Case FLD2003- I 1059 - Page 6
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High and Dry Manna, lnc
FLD2003- 11 059
1 838 acres
202 Windward Passage
PIN
08/29/15/43380/004/0090
I Atlas Page
267A
Aerial Map
Owner.
High and Dry Marina. Inc.
Case:
FLD2003-11059
Site:
202 Windward Passage
Property
Size(Acresl:
1 .838 acres
PIN:
08/29/15/43380/004/0090
Atlas Page:
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FLD2003- 11 059
Owner
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1 838 acres
PIN
08/29/15/43380/004/0090
I A tlos Page
267A
View looking northeast at site from terminus of
Windward Passage
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View looking west down Windward Passage
200 Windward Passage
FLD2003-11059
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The Planning Department recomme-nds approval of the following actions on this
application
1 Amend the Future Land Use Plan designation of Metes and Bounds parcels 13/04
& and portion of 131044 from ResIdentIal Urban (RU) to Residential/Office LImited
(RlOL) (pending case ANX 2002-12023)
2 Amend the Zoning Dlstnct designation of Metes and Bounds parcels 13/04 & a
portion of 13/044 from A-E, Agncultural Estates Residential to 0, Office (pending
ANX 2002-12023)
In response to a question, Planner Marc Manano said thIs address IS correct It was
changed by the Englneenng department because 7 Hampton Road was assigned to the former
homeowner, who was not annexed mto the City and 10 Hampton Road IS not available
Member Mazur moved to approve the Consent Agenda Item C1 - Case FLD2002-
10034, Item C2 - Case FLD2002-1 0035 with 14 conditions as listed, Item C3 - Cases
FLD2002~11039/PT2002-11003 with 8 conditions as listed, Item C4 - Cases FLD2002-
11038/PL T2002-11002 with 8 conditIons as listed, Item C5 - Case FLD2002-11 042/PL T2002-
11005 with 6 conQltlons as listed, Item C6 - Case FLD2002-11 041/PL T2002-11004 with 8
conditions as listed, Item C7 - Case FLD2002~11043 with 11 conditions as listed, Item C8-
Case FLD2002~ 10033 with 3 conditions as listed, and recommend approval of Consent Agenda
Item C9 - Case ANX2002-1 0017, Item C 10 - Case ANX2002-11 022, Item C 11 - Case
LUZ2002-11012, Item C12 - Case ANX2002-11019, Item C13 - Case ANX2002-11020, Item
C14 - Case ANX2002-11 021, Item C16 - Case ANX2002-12023, and Item C17 - Case
LUZ2002-120 13, less Item #15 - Case LUZ2002-11 011 The motion was duly seconded and
carned unanimously
15 Case LUZ2002-11 011 - 202 Wmdward Passage Level 3 Application
Owner/Applicant HIgh and Dry Manna, lnc
Representative Harry S Cline, EsquIre
Location 1 838-acres loc~ted on the north Side of Windward Passage, approxImately
600 feet north of Memonal Causeway and 920 feet west of Island Way
Atlas Page 267B
Request
(c) Land Use Plan amendment from Commer€lal General, CG to the Residential High, RH
Classification, and
(d) Rezoning from the C, Commercial Dlstnct to the HDR, High Density Residential Dlstnct
Proposed Use Future multl~famlly dwellings .
Neighborhood Assoclatlon(s) Island Estates CIVIC Association
Presenter Marc A Manano, Planner
This Item was pulled from the Consent Agenda
Member Hooper declared a confllct of Interest
The 1 83-acre subject site at 202 Windward Passage; approximately 500 feet north of
Memonal Causeway and 920 feet west of Island Way, IS occupied by a high and dry storage
marina facility containIng 306 berths With eight dock structures used for storing, maintaining and
repairing vessels The applicant IS proposing to amenq the FOture Land Use Plan desIgnation
of thiS property from the CommercIal General (CG) category to the ResIdential High (RH)
Community Development 2003-01
29
1/21/03
category and to rezone It from the C, Commercial District to the HDR, High Density ResidentIal
District to redevelop the property with multi-family dwellings
In accordance wIth the CountYWide Plan Rules, the land use plan amendment IS subject
to approval by the,Plnellas Planning Council and Board of County Commissioners acting as the
Countywide Planning Authority Due to the density allowed by this plan amendment, review and
approval by the Florida Department of Community AffaIrs IS required
An amendment to the Future Land Use Plan from Commercial General (CG) to
ReSidential High (RH) and a rezonmg from the C, Commercial District to the HDR, High Density
ReSidential Dlstnct for the subject property IS requested to enable the applicant to develop this
site with multi-family dwellings The neighborhood IS surrounded by a marina use to the west, a
park and multi-family residential uses to the south, Clearwater Harbor to the north and multi-
family residential to the north and east The proposed reSidentIal use Will blend Into the
surrounding neighborhood since this IS a pnmarlly reSidential area
The proposed ReSidential High (RH) Future Land Use Plan clasSIfication and HDR, HIgh
Density ReSidential zOning district are consistent with both the CIty and the CountYWide
ComprehenSive Plans, IS compatible with the surrounding area, does not require nor affect the
provISion of public servIces, IS compatible with the natural environment and IS consistent with
the development regulations of the CIty
The Planning Department recommends approval of the follOWing actions on thiS
application 1) Amend the Future Land Use Plan desIgnation of 202 Windward Passage from
Commercial General (CG) to ReSIdential High (RH), and 2) amend the zoning dlstnct
desIgnation of 202 Windward Passage from the C, Commercial District to the HDR, High
Density ReSidentIal District
In response to a question, Mr Manano said the applicant IS proposing to bUild 55 Units at
a height of 64 feet, which exceeds FEMA (Federal Emergency Management Agency)
restrictions of 14 feet The eXlstmg bUilding IS approximately 45 feet high The complex
Immediately south of thiS property contains three story garden style town homes Dolphin Cove
Condominiums are eight floors high Mr Manano said the development potential of the
Commercial General designation on thiS property IS the most Intense deslgriation permitted
Marinas and office bUildings could be bUilt In a Commercial General land use deSignation area
DISCUSSion ensued regarding the evacuation of a CommerCial General deSIgnated area Ms
Tarapanl remarked that suffiCient warning always IS given to people when the potential for a
hUrricane eXists It was remarked that thiS request IS resulting m a net reduction of the number
of sites to store boats Demand for boat storage remains high Mr Mariano said he was not
aware of any formal proposals regarding manne storage faCilities In the City He saId the
Clearwater Yacht Club IS nearby He said he has, on occaSIon, received complaints regarding
on-street parking on days when thiS manne faCIlity IS being used heaVily
Harry Cline, applicant's representative, said Dolphm POint Condominium IS 10 stones
over parking The maxImum heIght of thiS bUilt would be 45 feet The applicant's property IS on
a cui de sac anq at the end of a finger He felt a CommerCial deSignation IS appropriate on thiS
street The site has over 300 boat slips with limited sales and service ThiS property IS paved
100% from lot line to lot line and has no open space Parking also has been a problem. ThiS
proposal IS to rezone thIS property from CommerCial to High DenSity ReSidential to construct a
condominium development The surroundln~ fingers also are zoned High DenSity ReSidential
He said thiS development would not be a hlgh"nse condominium development There would be
Community Development 2003-01
30
1/21103
four reSidentIal levels over parking He referred to draft rendenngs of the project He said the
traffic and nOIse would decrease with thIs proposed use Currently, on holidays the traffic
demand exceeds capacIty on thiS street He said the VIllage condominIums have mdlcated they
were supportive of thIS proposal as long as a high rise IS not bUIlt He saId thiS project IS
compat/ble with the surrounding area
The Chair noted that the COB IS only consldenng the request to change the land use
and zoning today, not the site plan or the project
In response to a question, Mr Cline sard the current land use allows 30 unIts per acre
ThiS proposal IS for four additional un!ts per acre or a total of 11 units over the current capacity
It was remarked that the DCA (Department of CommunIty Affairs for FlOrida) has been denYing
requests for land use changes that Involve addItional numbers of units Mr Cline sard those
denIals were applIed to projects on bamer Islands and those CIties' zonrng and land use plans
may differ from Clearwater's regulatIons
In response to a questIon, Ms Tarapanl saId staff rs aware of other beach communities'
land use and zoning deCISions Clearwater's pnmary oblIgation IS to provrde Increased hOUSing
throughout the City She said staff feels thiS proposal would result In a small, Incremental
Impact on the system
Sal Halder, developer, said thiS project would result In a high quality product With four
stones over a garage The project would be bUilt Within the allowable space He said although
the project exceeds the Code's herght requirements, 110 parkIng spaces under the bUilding IS
planned, which exceeds parkmg requirements In response to a question, Mr Harder said
preliminary plans are to Incorporate 23 - 26 boat slips, whrch would be available for sale to
reSidents of thiS complex Some parking spaces would Include garage doors
Ten persons spoke In OppositIon of the application
In response to a question, Mr Cline saId the applicant's survey IndIcates that hiS chent
owns the submerged lands He saId a tItle search IS being done to confirm hIS claim
In response to a question, Ms Clayton said the unmetered parkrng spaces that one
reSident referred to on the south sIde of the subject site are merely a result of people parking In
the City nght-of-way Mr Cline said thiS proposal would proVide for on site parking for property
owners
Ms Tarapanl reviewed the process for notifIcatIon of adjacent property owners regarding
applications Involvmg a request to deViate from Code regulatIons She said the Issue of
property ownership of the submerged lands under the docks at the Village on thiS sIte IS a
matter between the two property owners, however staff welcomes any rnformatlon or
documentation regarding the matter The applicant /s claIming ownership rights The Village
property owners have Indicated that applicable permits those docks were obtained In 1982
It was remarked that the land use plan In the area on the northeast side of Windward
passage IS ReSidentIal Medium In response to a question, Ms Clayton saId If thiS site was
zoned Resrdentlal Medium, the appropnate zoning deSignatIon could be MDR or MHDR
Heights In the MHDR through a fleXIble publiC hearing could be up to 50 feet, In MDR up to 40
feet through a staff approval, or 50 feet through a public heanng It was remarked that just
south of Dolphin Pomt IS ReSidential MedIum and to the south of that IS CommerCial General
Community Development 2003-01
31
1/21/03
"
zoning It was remarked that this request IS for Residential High but appears that It more closely
parallels Residential Medium Ms Targ.panl said Skiff Drive and Dolphin POlnt have a
Residential High desIgnation and there also IS Residential Medium adjacent to the site It was
remarked that the ResidentIal High designatIon may be out of character between a ResidentIal
Medium and Commercial General deSignation Ms Clayton said Residential Medium denSity
allows 15 units p'er acre and Residential High allows 30 units per acre
In response to a question, Ms Tarapanl said FEMA requires vanous flood elevations as
measured from the first floor of liVIng space She said In this current CommerCIal zoning
deSignation, the applicant could bUild a hotel WhICh could potentIally be a height of 25 to 50 feet
through a staff approval or flexible standard or higher through a Comprehensive Inflll request
In the CommerCIal Dlstnct, 40 units per acre would be permitted Office bUIldings also could be
bUilt In the CommerCial Dlstnct Ms Clayton said the Engineering department has indIcated the
utility capacity on Island Estates would not be adversely affected by this project
Mr Chne saId he IS sympathetIc to residents' concerns regarding height of the project
He saId the request before the CDS today IS a zoning and land use Issue He feels thiS request
IS appropriate for the area and IS compatible with the surrounding area
It was remarked that the specific elements In the SIte plan for thiS project would be
reviewed by staff and the COB prior to any approvals for setbacks, etc The City Commission
reviews the COB's recommendations and makes the final deCISion regarding these cases
Member Doran moved to approve Item #15, Case LUZ2002~ 11011, subject to the Issue
of ownership of the submerged land being determined to the satisfaction of the City Attorney's
office The motion was duly seconded
In response to a questIon, Mr Cline said he felt the Issue of ownership of the submerged
lands could be divorced from thIS applicatIon He IS In possession of a land survey, which
IndIcates that as part of the legal descnptlon, the submerged lands belong to hiS client
ASSistant City Attorney Dougall-SIdes said the zoning map has no deSignation for that parcel
Mr Cline said he would withdraw that portion of the applrcatlon described as submerged lands
Member Doran amended hIS motion to delete the portion of the motion that the approval
was subject to the Issue of ownership of the submerged land being determined to the
satISfaction of the City Attorney's office The seconder agreed Upon the vote bemg taken
regarding the amended motion, Members Gildersleeve, Mazur, Moran, Doran, Milam, and
Petersen voted "Aye" Motion carned unanimously
D DIRicTOR'S ITEMS
Adm~n1 ,tatlve Law Judge Dete'{~natlon ,
/ / /
Ms Dougall-Sides salo In the case Involving the graTi"tmg of a dock per~:llt to Applicant
Ch?stopher C Mariam, tho/final order of the Admlnlstratl'ife Law Judge J La,rence Johnsto,n
upmeld the COB's determInation not to pull the appealAfom the COB's Consent Agenda apB
l _1 $' /f (1'
h91d a full JudicIal hean~g on the request The Judge'also specified WhlChpportlons of th, record
should be forwarded ~ oOAH (DIvIsion of Admln~p(;.atlve Heanngs) Msf oougall-SI~es said the
Judge's deCISion speaks well for future declslomyof the COB With resPE?~t to those txpes of
appeals f f /'
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"
Community Development 2003-01
32
1/21103
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Case Number FLD2003-IIU59 -- 202 WINDWARD PSG
HIGH & DRY MARINA INC
202 WINDWARD PSE
CLEARWATER, FL33767
TELEPHONE No Phone, FAX No Fax, E-MAIL No Emall
WINDW ARD PASSAGE CONDOMINIUMS L
10719 BOCA POINTE DRIVE
ORLANDO, FL 32836
TELEPHONE 407-909-1444, FAX 407-909-1446, E-MAIL No Emall
Repr~sentJ.hve' HOUSH GHOV AEE
601 CLEVELAND STREET
CLEAR WATER, fL 33755
TELEPHONE 727-443-2869, FA~ 727-446-8036, E-MAIL nestech@rrulldspnllg com
LocatIOn J 83 aCle~ located on the north Side ofthc western terrmnus ofWllldward Passage
Atlas Page. 267A
Zonmg Dlstnct C, Commercial
Request FleXIble Development approval to pennll 55 attached dwellmgs In the HIgh DensIty ReSidential Dlstnct
wIth reductions to the front (south) setback along Wll1dward Passage from 25 feet to 15 feet (to bUlldll1g)
from 25 feet to 13 feel (to pavement), from 25 Feel 10 10 Feet (to screel1lng wall and SIdewalk) and from 25
feet to 12 feet (to dumpster stagll1g area), reductIOns to the rear setback from 15 feet to 13 8 feet (to poql
deck) and from 15 feet to zero feet (to boardwalk) and Il1creases to bUlldll1g height from 30 feet to 60 feet
(to roof deck), wIth an additIOnal eight feet for penmeter parapets (trom roof deck) and an addlllonal23
'reel for elevator/staircase towers (from roof deck), as a ReSldentml Infill Project under the proVISIOns of
SectIOn 2-~04 F (retammg the eXlstlllg floatll1g docks for sole use by the property owners)
Proposed Use' Attached dwelhngs
Neighborhood ISLAND ESTATES CIVIC ASSOCIATION
Assocmhon{s). CLEARWATER, FL 33767
PO BOX 3154
TELEPHONE, FAX No Fax, E-MAIL No Eroall
Presenter Wayne Wells, Sel1lor Planner
Attendees Included City Staff Wayne Wells, Chip Gerlock, Scott Rice, Tom Glenn
Apphcant/Representatlve Housh Ghovaee, Debra Hams, Sal Halder, Joe Burdett, Larry Cooper, Barhara Nordlund
The DRe reviewed tlus application With the followmg comments.
General Ellgmeenng.
I 1) F D C connectIOns for boat docks and Flow Thru Hydrant cannot be lI1stalled on a restricted
Plpelme
2) Does the new F D C conneUlO1l meet a rrummum of] 5 ft from bUlldmg?
3) All plantmg Wlthlll the ullhty easement along the westerly property lme will be mstaUed at the
property owner's nsk The City will not be responsible for any/all uprooted or damaged plants
wlthm easement If the City needs to mamtam / replace / Install any OJ all utlhtles
Owner(s)
Applicant
All of the above to be addressed pnor to CDB
Pnorto C 0
I) Condo plat to be recorded (Need to ~rant a Sidewalk easement for sldewalk around
cul-de-sac)
E nVlronmenl al'
Flonda DEP Storage Tank reguJatlOns Will apply If tanks are belllg removed or tehlmed 10
service
Fire:
~-~t Copy
'" 1.'4"" cr ,~
.... ~~ \!t'"~
Development ReVieW Agenda - Thursday, Apnl 1,2004 - Page 32
I
SHEET C5 1 S1-H)W 4" INCH rvc DR 14 UNDERGROUND ht'fNG FOR THE OUTSIDE
REAR STANDPIPE, SHEET C6 2 SHOW DETAIL OF 3" INCH PVC SC 40 PLEASE
MAKE CORRECTION TO MATCH SHEET C5 I AND PROVIDE DETAILS FOR OF A
DOUBLE THREADED 2 112" HOSE CON},IECTION EQUIPPED WITH Al lI2" INCH
HOSE REDUCER WITH CHAIN INDICATE ON DWG PRIOR TO CDS
2 ENSURE ADHERENCE WITH NFPA 14 THE STA}..T])ARD FOR STANDPIPES AND
PRIVATE HYDRANTS INDICATE PRIOR TO BCP
3 CODE SUMMARY TO REFLECT ADHERENCE TO FLORIDA FIRE PREVENTION
CODE-2001 EDITION INDICATE PRIOR TO Bep
4 ENSURE THAT DWGS HA VB BEEN PREPARED BY OR UNDER THE DTRECTION OF
AN ENGINEER REGISTERD UNDER CHAPTER 471 FLORIDA STATUTES FOR ALL
ALTERATION, MODlFICATfONS, REPAIRS OR, ADDITIONS TO ANY FIRE
BETECTION OR FIRE ALARM SYSTEM AS PER FLORiDA BUILDING CODE 2001
EDITION SECTION 104 413 (5) DWGS SHALL BRSIGNED AND SEALED BY A
PROFESSIONAL ENGINEER AS PER 471 025 FLORIDA STATUTE INDICATE PRIOR
TO BCP
5 PLANS SUBM1TTAL MUST INDICATE COMPLIANCE WITH THE FOLLOWING
CODES FLORIDA FIRE PREVENTION CODE 2001 EDITION, NFPA 142000 EDITION,
NFPA 72 1999 EDITION, NFPA 13 1999 EDITION, NFPA 101 2000 EDITION, NFPA 70
(NATIONAL ELECTRIC: CQDE) 1999 EDITION ALONG WITH 4A-47 & 4A-48 AND F S
633 INDICATE PRIOR TO BCP
6 m:STALL KNOX BOX KEY SAFE FOR EMERGENCY ACCESS AS PER NFPA-I 3-6
INDICATE PRIOR TO BCP
7 FIRE PROTECTION APPLIANCES (FIRE DEPARTMENT CONNECTION (FOe) SHALL
MAINTAIN A CLEARANCE OF 7 1/2 ' FEET IN FRONT AND TO THE SillES OF
APPLIANCE AND, CLEARANCES OF 71/2' FT IN FRONT OF AND TO THE SIDES OF
THE FIRE HYDRANT, WITH A 4' FT CLEARANCE TO THE REAR OF THE
HYDRANT ARE REQUIRED *** NOTE*** THIS INFORMA nON NED TO BE
INCLUDED IN THE HOA DOCUMENTS INDIcATE ALL PRJOR TO BCP
Harbor Master
No Comments
Legal'
No Comments
Land Resources'
No Comments
Landsca pi ng:
1 3/4/2004 (A_D)
Add a few pond or bald cypress In the retentIOn area to complete the penmeter
12/112003 (A_D)
Plan does not meet the reqUirements Qfpenmeter plantlllgs III Code SectIon 3-1202 D
37 trees requued on penmeter or eqUlvIlent III palms & ornamentals as allowed m Code
2 same comment
12/112003 (A_D)
Per SeetlOn 3-1202 B 1 Code reqUIres trees to be 10' III height and 2 1/2" eal at plantlllg,
ornamental trees can be 8' III height and 2" cal , and palms must be 10' clear and straIght trunk at
plantTllg Make changes III Legend and submIt levlsed page for leVlew
3 Many plants me not labeled or labeled Tllcorrect1y "HI" IS "HT" on the plan and the "FP" IS
shown at 14" to 16" 0 A where thiS should be III feet and C T (clear trunk) SAubnut revised
plan for I eVlew
Parks and RecreatIOn:
Recreation Land and RecreatlOn Faclhty Impact fees are reqmred to be paid pnor to Issuance of
bUildmg pemut Open Space Impact fees will not apply If the bUlldlllg covel age mcrease IS less
than 50% ofeXlstlllg Per site data table, bUlldmg coverage-Is ll1creasmg from 38,584 srto
42,832 sf Contact Deb Richter at 727-562-4817
Stormwater
No Comments
Solid Waste:
Development ReView Agenda - Thursday, Apnll, 2004 - Page 33
1 Recyclmg 1S n:quued I-lave you planned for space for contamel ~ (90 Gal/on carts, mmmmITI
needed"" 4)
2 Are trash chutes/trash rooms bemg provlded'l Ifnot, show dumpster location(s) and
enclosure(s), meetmg City Code requirements
Traffic Englneenng:
I I Parallel parkmg spaces must be 8' wide exc1udmg gutter
All of the above to be addressed pnor to CDB
Traffic Impact Fee to be deternuned and pa}d pnor to C 0
Planl1lllg.
Development ReView Agenda - Thursday, Apnll, 2004 - Page 34
3/24/04 - WW
Show waterfront VIS Iblli ty triangles at both corners of property at the seawall on Sheets C3 I and
L] I, m~etmg Code prOV]SlonS
12/J 1/03 -WW
Reconfigure the waterfront vISIbility triangle at the northern property Ime at the seawall to Code
provIsions
2 3/24/04 - WW
Curb wIth vertIcal curbmg the edges of the western dnveway, the east edge of the eastern
driveway and the south edge of the dumpster slagmg area
12/11/03 - wW
Curb the edges of the western driveway and southern edge of the handICap parkmg space
3 3/24/04 & 12/11/03 - WW
Wh]le the request IS bemg processmg as a Residential Infill Project, need to provide Justification
as to how the proposal meets the cnterla for attached dwelhngs "The eXisting structures along
the same side of the road have been constructed \vIth megular setbacks and the proposed
reductIOn m front setback wlil not be out of character With the neighborhood," and "The extent to
wlllch ex]stlng structures m the neIghborhood have been constructed to a regular or umfornl
setback from the right-of-way" If It cannot be Justtfieo, a deVl3tlOll from one or both of these
cntenons will be reqlllred
4 3/24/04 - WW
The "retentIOn baslIl detail" on Sheet C6 1 IS mconslstent With the gradmg elevatIOns stated on
Sheel C4 1 ReVise
12/J 1/03 - Ww
The "retentIOn basm deta]I" on Sheet C6 1 IS mconslstent With SectIOn A-A on Sheet C4 I
ReVise/remove There IS no llnprovement proposed to the parkmg area III the southeast portion of
the site It lS recommended to revise tills parklllg area to provlde landscape ,areas In accordance
With Code prOVISIOns (or ask for reductions where necessary), IIlcludmg Improvements to traffic
flow, number of parklllg spaces, landscape buffers, mtcnor landscapmg, loadmg space and
dumpsler( s) enclosure( s)
5 3/24104 & 12/11/03 - Ww
Depict by shadmg or crosshatchmg all reqUIred parkmg lot mtenor landscaped areas on Sheet
C3 1 PrOVide III the site data table on Shect C lIthe square footage of paved veh]cular use al ea
outSide of the footpnnt of the proposed bUlldmg and the amount ofmtenor I~ndscape area
proposed (mlllllnum of 10 percent of the vehicular use area [not under the bUlldlllg]) Ensure
calculatIon on Sheet CI 1 matches the actual square footage bemg proVided
6 3/24/04 & 12/11/03 - WW
Show on Sheet C3 1 structural overhangs (balcOnies and/or eaves) and the distance fTom the face
of lhe bUlldmg
7 3/24/04 - WW
ProVide Sign package for any proposed freestandmg or attached Signs, lllcludmg the setback from
the property Ime (freestandmg sign), and the height, area and color
12111/03 - ww
ProVide SIgn package, mc1udmg the proposed setback from the'property hne, and the heIght, area
and calm of proposed slgnage SectIon 3-1806 A 2 al lows" one freestandmg Identl ty Sign per
entrance mto a multlfalTllly development of no more than 1,2 square feet of total Sign face per
sign," "the height of a freestandmg sIgn sh"ll not exceed SIX feet" and "a freestandmg Identlty
Sign shallmclude the address of the property on wluch the sign IS to be located" A
ComprehenSIVe Sign Program Will be reqUlred If the slgn(s) exceed the above proVISions
8 Four handicap parkmg spaces are reqUlred and only two spaces are pi ov]ded Rev]se
9 Undeal 'as to the need for the Sidewalk III front of the southern row ofparkmg ProviSion of this
SIdewalk reduces the amount of landscape area and landscaplllg that could be planted m front of
the 911Ildmg, and W]lI requITe a reductIOn to the front setback SuggestIOn 1S to remove the
Sidewalk and relocate the low wall back to be adjacent to the front of the parlang spaces
10 Sheet C3 1 IS too busy with mformatIon bemg portrayed Need to clearly md]cate where the
bUlldmg Ime ]S (whether on the ground or above on firsffloor), mcludmg hne weIght or
open/sohd hnes Also unclear IS the dashed hnes and theIT slgl1lficance to the project review
Sugg<est removlllg some of the shadIng'or crosshatchmg, wruch makes]t difficult to understand
11 Based on the fronl (south) bUlldmg elevatIOn, It appears that there are columns at ground level for
the front of the bUlldmg, mime basically With the front of the, southern parlang row Show on all
CIVIl sHe plan sheets Also, blacken these columns (rather than gray shaded) on Sheet A-lOl
Development ReVIew Agenda ~ Thursday, Apnl 1,2004 - Page 35
, ,
12 IndIcate 10 the slte-uata table on Sheet C1 1 the front setbdck to the uutldmg AddmonaHy,
dlm<;nslOll the setback on Sheet C3 I
13 It appears that, as part of thIs request, a five-foot wIde bOaldwalk IS bemg proposed on the
waterside of the seawall This IS construed to fall under the dock provISIons of the Code and all
provIsions and reqUirements for docks must be sub nutted With this applicatIOn Suggest
removmg such boardwalk at thIs tune and mclude such under a dock lequest U1 the future
Alternately, the "descnptlon of requests" 10 ExhIbit A mdlcates that a zero feet rear setback IS
requested to the proposed boardwalk Iflt was mtended to have the boardwalk on the land Side,
then revIse the site plan
14 ProvIde dImenSIOns to all parts of the bUlldmg, pavement, accessory structures (mcludmg pool
deck-and arbors), etc to property Imes on Sheet C3 I for accuracy of adverlismg and mclude
such setbacks m the Site data table on Sheet C1 1
15 Remove proposed FAR from SHe data table on Sheet C1 1 Project WIll be reviewed based on
densllY and fSR
16 A landscaped solid four-foot hIgh wall or fence IS reqUIred to sCleen all parkmg from streets and
adjacent properties IndIcate on site plan and landscape plan
17 Suggest removmg wheel stops ill the center parkmg rows under the bUlldmg to aVOId tnppmg
occurrence~
18 Dlmen~iOn the Width of landscape Islands on Sheet C3 1
19 ReVise the request to that mdlcated ProvIde jllSlificatlOn through the cntena for these reductions
and deViatIOns
20 Legal descnptlOn mcludes submerged lands to the north (OR Book 5885, Page 2178) Survey
mcludes these submerged lands Include 10 site plan (may be a separate sheet that shows the
rela tlOnslup of the mam upland area to these submerged lands) Nan atl ve needs to me! ude the
mtenllOns for these submerged lands
21 Show stairs m southeast portIOn of the site (next to elevators) on all SIte plan sheets
22 Site plan llldlcates an appa~ent trellis-type structUle west of the pool If such, please label
23 ProVide on the elevations the typical matenals and color of the extenor oflhe bUlldmg elements
ProVide color samples/chIpS for the proposed colors
24 Code perimts parapets to extend above the roof deck 3,O-lIlches Without any specIal approvals
The proposed mansard/parapet IS eight feet above the roofdeck ThIS mcreased height w111 need
to be Illcluded ll1 the request, WIth appropnate just1ficatlon
25 Code permits elevator, stair, mecharucal rooms and like faclllties to extend a maximum of 16 feet
above the roof deck The proposed elevator, slalr and mechamcal rooms extend 23 feet above
the roof deck Unclear why the proposal could not be reduced to the maximum of 16 feet above
the roof deck Otherwise, the mCI eased height WIll need to be part of the request, With detaIled
explanatlOn or justlficatlOn as to why the Code limItation canllot be met
26 After revlewmg the tape oftlle CIty ComnnsslOn meetmg qeahng wlth the land use amendmenl
and rezonmg for tills property, where thele was much dlscusslOn regardmg the antIcipated height
of the reslclcntJal structure, Staff Will not support a bUlldmg heIght greater than SO-52 feet above
FEMA elevation
27 In the Narrative under "HIstory," It 15 stated in the next to last sentence that the pnor proposal
(revlewed.:lt the 12/23/03 DRC meetlllg) was go 109 to exceed the maximum tmpervlOus surface
raho oro 85 TIllS IS mcorrect! as the sIte data table mcorrectly hsted the ISR as 0 95 when It
should have been 082 (open space of 0 18), Revlse statement, as the project met the hmJtallon
28 ReVise the NarratIve for ResJdenttallniill Project cntena #7 to ldentlfy the top of the roof deck at
60 feet abme BFE, the parapet at 68 feet above BFE and the top of the elevator/mechanIcal
towers at 8275 feet (rounded to 83 feet) above BFE
Other:
No Comments
Notes To be placed on the 5/18/04 COB agenda, subnut 15 collated copIes of the reVised plans & applicahon matenal addresslllg all
above departments' comments by noon, 4/15/04 Packets shall be collated, folded and stapled as appropnate
Development ReView Agenda - Thursday, Apnl 1, 2004 - Page 36
)...- --
"
CITY OF CLEARWATER
NOTICE OF COMMUNITY DEVELOPMENT BOARD PUBLIC HEARINGS
The CommullIt) DeHlopment Board of the City of Clearwater F1onda, wIll hold pubhc heanngs on Tuesday, May 18,
2004, beglllnll1g at 2 00 R In , III the City Councll Chambers, III City Hall, 3rd floor 112 South Osceola Avenue, Glcalwatcr,
Flondd to consider the following requesh
NOTE All persons WIShU12 to addres'i an Item need to be present at the BEGINNING of the meetln!! Tho~e LI,e..
that are not contested hv the alJPhcant. staff. nCI!!hborllll! propel tv owners. etc. WIll be placed on a consent a!!enda
and <iPproved hv a sm21e vote at the be2l11mnl! of the meetlne
I Hu!h & Drv Manna Inc, (Wmdward Passage CondomwlUms LLC) arc requestlllg a flexlble Development approval to
penrut 55 dtta,ched dwelhng~ m the HIgh Den"lty Resldentral Dlstnct wIth reductions to the front ("Gllth) setback along
Wmdward Passage from 25 ft to I 15ft (to bUlldmg), from 25 ft to 15 ft (to pavement) and [{om 25 it to 12 ft (to dumpster
~tdgmg area), a reductIOn to the rear setback from 15 ft to 13 ft (to pool deck) and an mcrease to bUlldmg heIght from 30 ft
to 60 ft (to roof deck), as a ResidentIal Infll! Project, unde! the provls}on~ of SectIOn 2-504 F (ret.:unmg the eXlstmg floatmg
docks for sole use by the property owners) (Proposed Use Attached dwellings (551) ,It 202 Wmdward Passa2e, Island
Estates of Clear wale I Vlllt 5, Blk D, part of Lot 9 & Lots 10-13 FLD2003-11059
2 Scott 0 & ,Judv L Barrows ,Ire requestmg a FleXible Development applOval to pcnrut attached dwellings With a
reductton of the front (south) setback from 15 n to lOft (to bUlldmg), a reductlOn of the fJ ont (west) setback. from 15 ft to
12 83 n (to burldmg), a reductIOn of the Side (ea'>t) setback from 10 ft to 7 ft (to pavementt and a reductIOn ofthe rear
(north) setl;mck from 20 ft to zero ft (to pool deck), and a freight Increase from 35' to 48' 10" under the proVISIOns ofSectl6n
2-803 B (Proposed Use A IO-untt development of attached, mulh-f,umly umts) at 409 Harnden Dr, Columbia Sub No 5,
Lot I FLD2004-01003
3 Hardees Lease Partners (Chnstopher Tsavou~sls) arc reqllcstmg a FleXIble Development to permIt reductIOns to the
front (north) setback along Gulf to Bay Blvd from 25 ft to 15 ft to Ravement, the front (west) .setback along Bypass Dr from
25 fl: to 5 ft to pavement, thc SIde (south) setback from] 0 ft to zero, ft to pavement, the SIde (cast) setback from lOft to 3 ft
to pavement, reduce the amount of pdflang from 15 spaces per 1,000 sq ft to 9 7 sp,Ices per 1,006 sq ft for rCiotdurdnt, as d
ComprehenSIve Infill Redevelopment Project per seetJon 2-704 C (Proposed U~e. Dunkm Donuts restaurant) at 2551 Gulf
to Rav Blvd, The Regency Sub, Lot I FLD2004-0Z014
Interested pdr1les may appcdr and be heard at the hearmgs or file wottcn notice of approval or objection With the Plannmg
DIrector or City Clerk poor to the heanngs Any person who decides to appeal any deCISIOn made by the BOdrd, with
respect to any matter conSIdered at such hedrmg<;, Will need to request dnd obtatn party status by the Board dunng the case
dlScllsslon, d rccord of thy proceedings and, for such purpose, mdY nccd to ensure that a verbatim record of the proceedlIlgs
IS made, which record ll1eludes the testimony and eVidence upon which the dppcal IS to be based pcr Flonud Statute
286 01 05 Commulll ty Dev~lopment Code SeetlOn 4-209 stiiltes that party ~td.tllS shall be granted by the Board I f per~on
requestmg such demonstrates tl1dt slhe 1S substantIally affected Party status cnlttles parties to personally lestlfy present
eVldence" argument and wltrlesse~, closs-examme wltncsses, appeal the decl"lon dncl speak on recOlmderatlon requcsts
An oath WIll be admmlstered ~weaf1ng all partiCipants In public heanng ca~es If you WIsh to speak please wall to be
recogl1lzed, then state dnd spell your name and prOVIde your address Persons speakmg beforc the COB ~hdll bc IUllltcd to
thlee, m111ute& unless an llldlvldualls representlllg a group III which ca"e thc ChaIrperson may duthooze a reasonable amount
of tUllC up to I 0 rnlllutc~
FlVe days prtor to the meclmg,ost,Iff rcports and recommendatlOlls on the above ICqUCSts Will be aVdllablc for re,VILW by
mterested- p'artles between th'e hoUl s of 8 30 a In and 4 30 pm, we~kdays, a,t the CIty of Clearwater, Planmng Department,
100 S Myrtle Ave, Clearwater, FL 33756 Please contdct FI ank Gerlock, Development ReVIew Mdnager, ,It 562-4557 to
dl~('u,," any questlOn~ or concerns about the proJCGl and/or to better understand the proposal dnd revlcw the site plan
Tins notIce was sent by the Orfictal Recol ds and Legl~ldtJVe Scrvlces Department, Cynthia E Goudeau, CMC, CIty Clcrk
Lisa Flelce
PI,1I1111ng DEpartment
Cyntlna E Goudeau, CMC
Clty Clel k
lo--
City of CI ed"vatcr
POBox 4748, Cleurwdtcr, FL 33758-4748
NOTE Applicant or representdtlvc must be present at the hcanng
YOU ARE BEING SENT THIS NOTICE IF YOU ARE THE APPLICANT GR OWN PROPERTY WTTHTN 500 FT OF
THE SUBJECT PROPERTY
A COpy OF THIS AD IN LARGE PRINT IS AVAILABLE IN THE Ol"FTCTAL RECORDS AND LEGISLATIVE
SERVICES DEPT ANY PERSON WITH A DISABILITY REQUIRING REASONABLE ACCOMMODATION IN
ORDER TO PARTICIPATE IN THIS MEETING SHOULD CALL THE OFflCTAL RECORDS AND
LEGISLA') IVE SI::RV)CES DEPT WITH THEIR REQUEST AT (727) 562-4090
Ad 05/02/04
, ,
'May 17,2004
~-
To Ms Cynrn Tarapam - Clearwater Plannmg Department
Fr. Wmdward Passage LLC
Re Wmdward Passage COndOm1IllUIDS (HIgh & Dry Marina)
Attached please find letters of "No ObJectlon" from The Pools at Wmdward Passage and the
VIllages on Island Estates (whtch are the two cotIdommlUm associations that are our unmernate
neighbors on Wmdward Passage) as to the above referenced project whIch Will be presented to
the Commumty Development Board on Tuesday, May 18
We have met with and worked hard with the residents of both ,of these condoIDllllutn
assoCIatlons to ensure that they have no obJecuon WIth the plan we are presentIng
We also appreciate the hard work of your staff ill mdmg us ill the deSign of the bmldmg and we
feel that together with your help, the help of our development team and the mput of the
resIdents of The Pools and The Villages, we have been able to deSIgn a project that, not only are
we pleased With, but our neIghbors as well
We assure you we will contmue to work with the resIdents throughout the constructJon phase
and beyond and WIll be contmue to be good neIghbors to all concerned
Thank You agam for your help
Larry Cooper
Sal Hadler
"..
The Pools at Windward Passage
219 Windward Passage
Clearwater, FL 33767
April 19,2004
Windward Passage LLC
140 Island Way #299
Clearwater FL 33767
Attn Larry Cooper
Re' -High and-Dry Marina! Wlndw-ardPassage
Dear Mr Cooper,
Please be advised that the underSIgned IS the PresIdent of The Pools at Windward Passage
Home Owners Association, lnc (''The Pools"). The Pools IS an eleven unit townhouse project
directly south and across the street from the project which IS proposed on the HIgh and Dry Manna
location
The Pools has no objectIon to any Increase In height or density with respect to the proposed
project so long as their parking ratiO IS maintained so there IS no adverse effect to the public
parking abutting the HIgh and Dry Manna which services the municipal park We would also
request that the eXIsting location of their trash dumpsters be maintained at the east and west of
theIr proposed project
Gaynor PresIdent
~ J 'lV",F~ D:::P7
r=_..........:...._~.:.A=.~_ J :tAI~ 1.-t"-L* - "
~-=-==-~__.....ll~~
To Whom It May Concern
The undersigned aSSOciation ("AssocIation") IS the owners association for The
Village on Island Estates condominium ("The Village") Windward Passage
Condominiums, LLC, a FlOrida hmlted liability company ("Windward") IS proposing to
construcJ a 55 unit condominium on the property adjacent to and westerly of The Village
(Project")
Windward and the Association have entered Into an agreement With respect to
the Project ("Agreement") The Agreement, among other matters, Incorporates a site
plan and landscape plan that are acc~ptable to the Association, copies of which plans
are attached to thiS letter as Composite Exhibit C
The Agreement also proVides that Windward consents to the follOWing conditions
being Included In any approval of the Project
1 The applIcant, Windward Passage Condominiums, LLC, has
entered Into an agreement With The Village on Island Estates
Condominium ASSOCiation, Inc, ("Association") In whIch the
applicant has committed to certain matters that Will ameliorate
some of the Impacts of the proposed development on ItS
neighbors Accordingly, thiS approval IS personal to the applicant,
and may not be utilized In any manner by any other entity Without
such entity either (1) assuming and performing the applicant's
obligations under such agreement, (2) the wntten consent of the
AssOciation, or (3) a new hearing before the Commumty
Development Board
2 Because of (1) the unique location of the proposed development
at the end of a finger, adjacent to an eXisting manna, and the
nature of other properties In the area and (2) the agreement
between the applicant and the ASSOCiation deSCribed above, the
height and setbacks allowed for the proposed development does
not set a precedent for any future development south of Windward
Passage and west of Island Way
Based upon the Agreement, the ASSOCiation has no objection to the attached site
plan for the Project
fl~_u- ~/ Tf llllJ
lLiUL ._~AY 1 7- 2~;Wj
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'"'I r ,', ."lr ~ 'j DEPT ,j
--~ - ---_""---".. . '""1.:, n ~
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THE VILLAGE ON ISLAND ESTATES
CONDOMINIUM ASSOCIATION, INC , a
FlOrida non-profit corporation
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5-10-04,11 11 ,Clee~wet~~_ PWA/Eng2
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,7275624086
# 2/ 3
\,
WILLIAM R$ KELLEY
P.O Box 257 839 Nantasket Ave
Hull, Massachusetts 02045
Phone' 781-925-4432
Fax 781-925-5137
RECEIVED
MAY 10 2004
May 6, 2004
OFFICIAL RECORDS AND
LEGISLATlVf SRVCS DEFT
City of Clearwater
LegJslabve Service Department
P.O. Box 4748
Clearwater, FL 33758-4748
To Whom It May Concern.
Re. Nonce t9 Community Development Board
From High & Dry Marina, Inc
As the owner of Slip #61,200 Windward Passage, Clearwater, I ask you to deny
High & Dry Manna, Incorporated's request for Flexible Development approval.
High & Dry Manna should stay with the existing setback requirements. I would
not take ;ssue with one additional floor of buildIng height being allowed however I
believe that their request to double the bUilding height IS unreasonable, WIll
significantly Impact the quality of life for all residents and will set a dangerous
precedent.
Sincerely,
/
. 5-10-04 11 11 ,Cle"rw"t~! PWA/Eng2
~
727562~08f;
# 3/ 3
"
CITIl OF CLEARWATER
NOTICE Oli' COMMUNITY DEVEWPMENT BOARD PUBLIC HEARINGS
The ComDllllllty Development Boanl of the CJty of Clearwater. Florida. will hold pubhc hearings on Tuesday, May 18,
2004. beginning at 2:00 pm.. in the City Council Chambe.rs. m CIty HaD, 3rd floor. 112 Soulh Osceola Avenue, Oearwater,
Flonda, to consider tile (oUowlng requests:
NOl"E: All DeJ'SODI whine fill address AD Item Deed. to be Dresent at the BEGINNING of tile IIIP.Pfln,,_ TiIose eases
Cltat are DOt com:ested bv file aJllliieant. 'ltRff. nefellalJorfn DI'OIR::a h 0WWlII'S. etL wID be DIneed 0IIl a eonamt uenda:
ubi et .
&: (W Conlfnmininrnll U.C) are requestiog a Flexible De~ to
55 ~cltP.cJ dwl:1Imgs High~' DiSliict~ to ~&uuth) setb8ek aIoDg
Passage from 2S U.5 ft . from 2S ft to 15 fit (to~veDIImt) and 25 ft to 12 ~-tiJ dnn,pczt-
area). uemctinn to rear from]5 ~3 ft (to pldidt}<aod an increase . Jamgbt from 30 ft
to 60 11 (to roof deck). as a . . InfiD Project,. tm("!'I' the 1=.-ovilri:om of"Section 2-504.F (retaiiDiIg the CXJStiog fIoatiD,g
docks for sole use by the property owm:rs). (Proposed Use: Auacbed dweDmp [55]) at m WInthrard Passa2e. Island
Estates of Clearwater Umt S. Blk D. part of Lot 9 & Lots 10-13. IiLD2:003-I1059
2. Scott O. & Judv L. Barrnws are requesting a FIexJ."bre D~ aptn'OV81 to permit 8ttached dwellings with a
reducbon of the front (~) selback ftom IS ft to ]0 ft (to building), a reduction oftbe front (west) selbackftom IS ft to
12.83 ft (to bui1diog). a reduction oftbe side (east) se1backfrom 10 ft to 7 ft (to pavement), and a reductlon of the rear
(north) setblWk fimn 20 ft to zero ft (to pool deck), and a heJabt mcrease from 35' to 48 'I 0" under the provisions of Section
2~803.B (Proposed Use: A lO-unitdevelopment ofattached. multi--fimrilyunits) at 40' Harnden Dr.. Columbia Sub No.5,
Lot 1. FLD1OO4-OtOO3
3 Bardees Lease Partners (Cbnstophet TIlriODSllIS) are requestmg a FlexibIe,Development to pemnt reductions to the
front (nordt) setback along Oulfto Bay Blvd nom 25-ft to 15 ft to Pavement. the ftont (west) setback alobg B:ypass Dr. from
25 it to 5 ft to pavement. the side (80mb) setbaek from 10 ft to zero ft to pavement,. the side (east) setback from. 10 ft to 3 ft
to pavement, reduce the amouut ofpackiDg ftom IS,spaces per 1.000 sq ft to 9.7 spaces per 1.000 sq ft for restaurant. as a
Comprehensive InfiD Redevelopment ,Project per section 2-704.C. (Proposed Use: Dunbn DonuI8 re5taunmt) at 2551 Gull'
to Bav Blvd.. The Regency Sub. Lot 1 . JEI'I..DZOO4..014
l'nterestM partles may appear and be heard at the hearings or file written notice of approval or objection with the PIannin&
Director or C1ty Clerk prior to the hearings. Any persoo who deales to appeal any decisioD. .made by the Board, W1tb
respect to any matter considered at such heanngs, will need to request and obtain Party status by the Boatd durmg the case
dIscussion, a record of the proceedings and, far such purpose. may need. to ensure tbat a verbatim record of the proceedings
IS made. which reconf includes the testimony and evidence upon which the appeal is to be based per FJorlda Statute
286.0105. Community DeveIopmeDt Code Section 4-206 srates that party status sbaD be granted by the BoaId. 1f person
requesting such demonstrates that s/he is substaa1iaJ1y a:ffec1ed. Party status entitles parties, to: personally testify, preseut
evidence, argwncnt and wdne5ses" ~ witnesses, appea1 the deciSJ.an and speak op reconsllleration requests.
An oath wiD be admimstered swearmg aU partiCJpants'in. pubHe heariog cases. If you wish to.speak please wad: to be
recognized, then state and spen your name Iind provide your address. Persons speaking before the COB shall be limrted to
three minutes unless an mdividual is represeoting a group in which ease the Cbauperson may authorize a reasonable amount
of bme up to 10 IIIDIUtes.
Fwe days pIlOr (0 tfre ~ sfafi'reports and recomrnendaticms on tfIe above requests will be ayadaflle for review i)y
mterested parties between the hours of 8:30 a.m. md 4:30 p.m.. weekdays, III the City of Clearwater. PIannmg Department,.
100 S. Myrtle Ave., Clearwater. FL 33756. Please contact Frank Gerlock, Development Rev1ew Manager, at 562-4:557 to
discuss any questions or coocenis about the project and/or to better understand the proposal and review the site plan.
This notice was sent by the Oftictal Records and Legislative Services Department, Cynthia E. Goudeau, CMC. City Clerk
Lisa FIerce
Planning Department
Cynthia E. Goudeau. CMC
City Clerk
5-10-04t11 11 ClearwBt......PI""". PWA/EnQ2
7275624086
'# 1/ 3
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~::€learwater
l- _" ".l
- ~~ ~
City of Clearwater., Florida
Official Records and
Legislative Services Department
Phone (727) 562-4090
Fax (727) 562-4086
o
FAX MESSAGE
TO:
Cyndl Tarapani
LOCATION:
Planmng
FAX NO.:
4865
COMMENTS:
See attached letter from WIlliam R. Kelly re
Commumty Development Code Board Meetmg for
Tuesday. May 18
FROM:
Lois Norman, (727-562-4091)
DATE:
5/10/2004
NUMBER OF PAGES THIS MESSAGE (INCLUDING THIS PAGE): 3
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5-17'04 13 5~ Cleerw~te~ PWA/Eng2
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# 1 / 5
ORIGINAL
~~Clearwater
:- ..l:-..,,,,;~ ... .......t;:..1 I
()
City of Clearwater, Florida
Official Records and
Legislative Services Department
Phone (727) 562...4090
Fax (727) 562-4086
FAX MESSAGE
TO:
Cyndi Tarapam; Clayton, Gina
LOCATION:
PlannIng
FAX NO.:
4865
COMMENTS:
See attached letter and attachments re Wmdward
Passage COndOlTIllllums (HIgh & Dry Manna) for
CDB meeting of May 18.2004.
FROM:
Lois Norman, (727..562-4091)
DATE:
5/17/2004
NUMBER OF PAGES THlS MESSAGE (INCLUDING THIS PAGE): 5
5-17-,b4 1359) Clearw8tej:._ PWA/Eng2
'... '
May 17,2004
,7275624086
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To: Members of the Community Development Board
Fr. Windward Passage LLC
RECEIVED
MAY 172004
Re: Wmdward Passage Condommiums (High & Dry Manna)
OFFICIAL RECORDS AND
LEGISlATIVE SRVCS DEPT
Attached please find letters of ''No Objection" from The Pools at Windward Passage and the
VIllages on Island Estates (which are the two condonnmum associatIons that are our unmedtate
neighbors OD Wmdward Passage) as to the above referenced project which will be presented to
the Community Development Board on Tuesday, May 18
We have met Wlth and worked hard with the reSIdents of both of these condomnnum
assocIatIons to ensure that they have no objectIon with the plan we are presenting
We have also worked hard with your planning staff m the deSIgn of the butldmg and we feel
that together with their help, the help of our development team and the input of the reSIdents of
The Pools and The Villages, we have been able to design a project that, not only are we pleased
WIth, but our neIghbors as well
We assure you we will continue to work with the residents throughout the constructIon phase
and beyond and Will be contmue to be good neighbors to all concerned
Thank You agam for your help.
Wmdward Passage LLC
Larry Cooper
Sal Hadier.
5-17i.104~13 55} JClearWat~!.:~ PWA/Eng2
I I
,7275624086
#- 3/ 5
~
RECEIVED
MAY 172004
.'
To Whom It May Concern OFFICIAL RECORDS AND
LEGISLATIVE SRVCS DEPT
The undersigned aSSOciation C'AssOclatlon") is the owners aSSOcIation for The
Village on Island Estates condomlmum (''The Village") Windward Passage
Condominiums, LLC, a Florida limited liability company ('Windward") IS proposing to
construct a 55 unit condominium on the property adjacent to and westerly of The Village
(Project")
Windward and the AssOciation have entered Into an agreement with respect to
the Project ("Agreement") The Agreement, among other matters, Incorporates a site
plan and landscape plan that are acceptable to the Association, copies of whIch plans
are attached to this letter as Composite ExhIbit C
The Agreement also provides that Windward consents to the following conditions
being Included In any approval of the Project"
1 The applicant, Windward Passage Condomlnlums, LLC, has
entered Into an agreement with The Village on Island Estates
Condominium ASSociation, Inc, ("Association") In which the
appltcant has committed to certain matters that will ameliorate
some of the Impacts of the proposed development on Its
neighbors Accordingly, thiS approval IS personal to the applicant,
and may not be utilized In any manner by any other entity wIthout
such entity eIther P) assuming and performing the applicant's
obligations under such agreement, (2) the wntten consent of the
Association, or (3) a new hearing before the Communrty
Development Board
2 Because of (1) the unique location of the proposed development
at the end of a finger, adjacent to an eXisting manna, and the
nature of other properties 1r:J the area and (2) the agreement
between the appllcant and the ASSOCiation deSCribed above, the
heIght and setbacks allowed for the proposed development does
not set a precedent for any future development south of Windward
Passage and west of Island Way
Based upon the Agreement, the ASSOCiation has no objectIon to the attached sIte
plan for the Project.
THE VILLAGE ON ISLAND ESTATES
CONDOMINIUM ASSOCIATION, INC, a
Flonda nonwprofit corporation
L~k
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OFFICIAL RECORDS AND
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5-17,04 13 59
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,CI earwater, PWA/Eng2
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,7275624086
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The Pools at Windward Passage
219 Windward Passage
ClealWater, FL. 33767
RECEIVED
MAY 1 7 20D~
OFFICIAL RECOR
LEGISLATIVE SRV os AND
cs DEPr
April 19, 2004
Windward Passage LLC
140 Island Way #299
Clearwater FL 33767
Attn Larry Cooper
Re: High ana-Dry Marina/Windward Passage -,
Dear Mr Cooper,
Please be ad\(lsed that the undersIgned IS the PresIdent of The Pools at Wmdward Passage
Home Owners Association, Inc ("The Pools"). The Pools IS an eleven Unit townhouse project
directly south and across the street from the prOject which IS proposed on the HIgh and Dry Marina
location
The Pools has no objection to any mcrease in height or denSIty with respect to the proposed
project so long as their parking ratIo IS mamtalned so there IS no adverse effect to the public
parkmg abutting the High and Dry Manna whIch services the municIpal park We would also
request that the eXisting location of theIr trash dumpsters be maintained at the east and west of
their proposed project
/--verY\Truly Y
\ '
"
Gaynor, PreSident
"
FAX COVER MEMO
_04"1>
Cll'Y OF CLEARWATER
PLANNING DEPARTMEN1'
100 S. MYRTLE AVE.
CLEAR"V A TER, FL 33756
(727) 562-4567 FAX: (727) 562-4865
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CITY OF CI-JEARWATER
PLANNING DEPARTMENT
100 S. MYRTLE AVE.
CLEARWATER, FL 33756
(727) 562-4567 FAX: (727) 562-4865
TO' 1> Q. \oN-- \-\os.t\~
FAX: 4+"". ~~.3 \,
Phone: t-Ir ~ .. 2- 2:> lc ~
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NUl\IrBER OF PAGES(INCLUDING THIS PAGE) Z---
"I
5~-10-04,11 11 ,Clea~wat PWA/Eng2
,7275624086
# 2/ 3
WILLIAM R$ KELLEY
P.O Box 257 839 Nantasket Ave.
Hull, Massachusetts 02045
Phone: 781-925-4432
Fax. 781-925-5137
RECEIVED
MAY 1 0 200~
May 6, 2004
OFFICIAL RECORDS AND
LEGISLATIVE SRVCS DEFT
City of Clearwater
Legislative Service Department
P.O.Box 4748
Clearwater, FL 33758-4748
To Whom It May Concern:
Re. Notice to Community Development Board
From High & Dry M_arina. Inc.
As the owner of Slip #61, 200 Windward Passage, Clearwater, I ask you to deny
High & Dry Manna, Incorporated's request for Flexible Development approval
High & Dry Marina should stay with the exisnng setback requirements. I would
not take issue with one additional floor of building height being allowed however I
believe that their request to double the building height is unreasonable, Will
significantly impact the quality of life for all residents and will set a dangerous
precedent.
I-~=- :...;:'T '"';'" I~
BADGER PROPERTIES DIOCESE OF ST PETERSBURG LLEAR WATER M.^, ::lINE
AQUARTIJM TNC
5 ISLAND PARK PL # 308 PO BOX 40200 249 WLNDW ARD PASSAGE
DUNEDIN FL 34698 - ST PETERSBURG FL 33743 - 0200 CLEARWATER FL 33767 - 2244
HIGH & DRY MARINA lNC DOLPHIN APT CONDO BAZLER, KAY
ASSOCIATION
202 WINDWARD PSE 210 DOLPHIN PT PO BOX 3623
CLEARW ATER FL 33767- CLEARW ATER FL 33767 - 2106 CLEARWATER FL 33767 - 8623
CURRY, JOHN M ATKINSON, LOUISE B MAC KA Y, BRIAN R
MAC KAY, CATHIB
210 DOLPHIN POINT RD # B 210 DOLPHIN PT #C 210 DOLPHIN PT # 0
CLEARWATER FL 3~767 - 2106 CLEARWATER FL 33767 - 2106 CLEARWATER FL 33767 - 2106
MASSEY, CHARLES T LANG, ROBERTG GATES, JEAN H TRE
STRYESKI, JANE M LANG, MARGARET M
255 DOLPHIN POINT RD # 308 25 BELLEVUE CRESCENT PO BOX3895
CLEARWATER FL 33767- A YR KA 72DP 00003- CLEARW A TER FL 33767 - 8895
GREAT BRIT AfN
WATERS, ROBIN E ABRUZZO, JOANN NOLAN, LICIA
PO BOX 3673 173 VERBENA AVE PO BOX,5488
CLEAR WATER FL 33767 - 8673 FLORAL PARK NY 11001 - CLEARWATER FL 33758 - 5488
LANGE, HARVEY LEVIN, HARVEY F POND, RONALD G
LANGE, KA THI 4225 E MEXICO AVE # 305 31 IS LAN D WAY # 1408
702 S W ASHlNGTON ST DENVER CO 80222 - 4122 CLEARWATER FL33767-
CRA WFORDSVILLE IN 47933 -
WRIGHT, THOMAS H TRE DONDERO, JOSEPH LANE, ADAM C
DONDERO, GLORIA
255 DOLPHIN PT PH 10 255 DOLPHIN PT # 1112
CLEARW ATER FL 33767 - 2165 5378 GEE BROOK RD CLEARWATER FL 33767 - 2165
ClNCINNA TUS NY 13040 - 2110
SETOLA, MICHAEL J RJ\NNO, CHARLES G KERVIN, JOHN E
SETOLA, ROBIN MARCHOCKI, SANDRA L
255 DOLPHIN PT PH 13 255 DOLPHIN PT # 201 6 KRISTIN CT
CLEARW A TER FL 33767 - 2165 CLEARW ATER FL 33767 - 2111 HYDE PARKMA 02136 - 1103
BUCLOUS, SAMUEL L CHESTER, ANTHONY PACCHLA, ALBERT L
BUCLOUS, DAISY D CHESTER, MARY PACCHIA, LOLA
255 DOLPHIN PT # 203 255 DOLPHIN POINT RD # 204 367 CASTELFIELD AVE
CLEARWATER FL 33767 - 2111 CLEARWATER FL 33767- TORONTO ON M5N 1L4 00030-
CANADA
KRISTOFER, GEORGE B RANNO, CHARLES G SCHMITT, ROBERT W
301 OAKWOOD DR 255 DOLPHIN POINT RD # 201 NOONEY, MARY W
SHOREWOOD IL 60431 - CLEARWATER FL 33767 - 2171 53 CROSS BOW LN
COMMOCK NY 11725-
THORNTON, TRENT LENDENMANN, MARY
THORNTON, JANA FRAKES, DEBORAH L
255 DOLPHIN PT # 209 8201 4TH AVE # lR 711 MILL VALLEY
CLEAR WATER FL 33767 - BROOKL YN NY 11209 - TAYLOR MILL KY 41015 - 2281
FOSTER MICHAEL D WIRSING, MICHAEL GREEN, WilLIAM C
255 DOLPHIN POINIE # 212 WIRSING, ROBIN STERLING CT 3
CLEARWATER FL 33767 - 21] 1 255 DOLPHIN POINT # 21~ 255 DOLPHIN PT # 301
CLEARW ATER FL 33767 - 2111 CLEARWATER FL 33767 - 21 ] 3
WRIGHT, HERBERT S YARBROUGH, ANDREW M BIERMAN, EDWARD B JR
225 DOLPHIN PT # 302 255 DOLPHIN POINT # 303 411 HIGHLAND A VB
CLEARWATERFL'33767 - 2104 CLEARW ATER FL 33767 - 2113 EAST SYRACUSE NY 13057-
2153
BUDDE, ROGER H BOOKOUT, GARY E
BUDDE, JOYCE A BOOKOUT, CAROLYN L DURSHORDWE, Wll..LIAM
1004 GOODRICH AVE 255 DOLPHlN PT # 306 51 ISLAND WAY # 505
ST PAUL MN 55105 - 3132 CLEARWATER FL 33767 - 2113 CLEARWATER FL 33767-
MASSEY CHARLES THOMAS CLARK, YVEITE C SALLUSTIO, JOSEPH FAMll.. Y
STRYESKI JANE M
255 DOLPHIN POINT RD # 308 255 DOLPHlN PT # 309 TRUST
9844 PEBBLE BEACH LN
CLEARWATER FL33767 -2] 14 CLEARWATER FL 33767 - 2114 LITTLETON CO 80124 - 3107
Zackey, Georgette & Philip Hecquel BARRETI, WILLIAM T ROBOVICS, MAR Y
3 SaJterne Meadow~, Budlelgh BARRETI, SHEILA M
Salterton Devon EX9 6S? 00009 - 11 SAN MARCO ST # 306 255 DOLPHIN PT # 313
United Kingdom CLEARW A TER FL 33767 - CLEARWATER FL 33767 - 2114
ANASTOS, LULU AGGELETOS, JOHN SAMARAS, THEODOROS
255 DOLRHIN PT # 314 AGGELETOS, VICKI SAMARAS, TANA
CLEARWATER FL 33767 - 2114 6507 MERIWETHER LN 8759 52ND A VB
SPRINGFIELD V A 22150 - 1319 ELMHURST NY 11373 - 3937
SPIELBERGER, WERNER MARK, SUSAN HAGEMAN, ARTHUR F
11652 SMITH RD 2270 SPRINGFLOWER DR 255 DOLPHIN POINT RD # 405
WINCHESTER OH 43110 - CLEARW A TER FL 33763 - 2233 CLEARWATER FL 33767 - 2171
CARTER, MORRIS W GERVAIS, BLANCHE MANEY, CHARLES S TRE
255 DOLPHIN PT # 406 930 W MARGA TE TER MANEY, CLAIRE L TRE
CLEARW ATER FL 33767- CHICAGO IL 60640 - 3810 3686 E SADDLEBACK RD
CANANDAIGUA NY 14424 - 2723
P-APP AS, BARBARA TRAlFOROS, PETER
PAPPAS, NICHOLAS TRAIFOROS, ANGELA RUSSELL, HAZEL C
2 BIRCI-IWOOD CT #2L i 1363 HUNTINGTON RD 736 rSLAND WAY # t03
MlNEOLA NY 1150 I - 4530 KLEINBURG ON LOJ ICO 00030 CLEARW A TER FL 33767 - 1817
CANADA
,
.
HAZZARD, WILLIAM J SMYER, JEFFREY M PROCACCIO, DOMENICO
HAZZARD, MICHELLE M SMYER, DEBORAH L PROCACCIO, MARISA
255 DOLPHIN PT # 412 255 DOLPHIN POINT # 413 661 I<:R UK ST
CLEARWATER BEACH FL 33767 CLEARWATER FL 33767- LEMONT IL 60439 -
ZEITERBERG CHARLES R ALEXIOU, GEORGE N BA VEROV, EDW ARD
ALEXIOU, SUSAN L
255 DOLPHIN POINT RD # 502 240 WINDWARD PSE # 601 217 ROBIN RD
CLEARW ATER FL 33767 - 2116 CLEARW A TER FL 33767 - 2248 MILLVlLLE NJ 08332 - 5541
ROBERTS, RONALD P BAE, SUNG YUL KELLY, MARY C
255 DOLPHIN PT # 504 2166 lERRIMILL TER 255 DOLPHIN POINT RD # 506
CLEARW A TER FL '33767 - CHESTERFIELD MO 63017 - CLEARW ATER FL 33767 - 2171
CHEUVRONT, DEBORAH S TOMARAS, GEORGE R LEWIS, GUS J
255 DOLPHIN PT # 507 TOMARAS, CHRISTINE G LEWIS, CAROL J
CLEARWATER FL 33767 - 2116 15241 SHEA THER CT 332 CRESCENT GARDENS DR
ORLAND PARK IL 60462 - 4203 PITTSBURGH PA 15235 - 3543
WILLIAMS, DAVID E MCCOY, PAULE TRE BIRT, LOUISE
WILLIAMS, MARGARET J 5825 PUERTA DEL SOL BLD # 4651 STATE LINE
5246 KARRINGTON DR 464 KANSAS CITY MO 64112 - 1125
GIBSONIA PA 15044 - 6023 ST PETERSBURG FL 33715 -
ST MARTIN, DAVID J QUINTELA, DOLORES PERGANTAS, LOUKAS
ST MARTIN, KAREN P 255 DOLPHIN PT # 514 PERGANTAS, NIKI
54 COLLEEN ST CLEARW ATER FL 33767 - 2117 2099 POST RD
DANlELSON CT 06239 - 3300 NORTHBROOK fL 60062 - 6207
PERGANTAS, LOUKAS ALT, ARTHUR J MILLER, RENEE M TRE
PERGANTAS, NIKI ALT, DIANE E 154 S WOODWARD AVE STE 205
255 DOLPHIN POINT RD # 602 7414 1ST CIRCLE DR BIRMrNGHAM Ml48009 - 6104
CLEARW ATER FL 33767 - BROOKSVTLLE FL 34613 -7316
THORNTON, JENNINGS H MALANDRUCO, THOMAS BALAFAS, JOHN D
lHORNTON,DIANEB 6 CHERRY crR BALAFAS, DESPINA
2360 OKBOW CIR BLACKWOOD NJ 08012 - 4668 4174 S SYRACUSE
STONE MOUNTAIN GA 30087- DENVER CO 80237 - 2168
1217
DURDA, CHRISTINA NANCE, JASON R SOKOLICH, JOHN J
76 ANTIOCH DR
ETOBICOKE ON M9B 5V4 00030 255 DOLPHIN PT # 609 255 DOLPHIN PT # 610
CLEARW A TER FL 33767 - CLEARW A TER FL 33767 - 2118
CANADA
SZOMKO, MAREK WRIGHT, VIRGINIA L TRE MC CAFFREE, KONST ANCE
5740 GUNNISON 255 DOLPHIN PT PH 10 560 MAPLE AVE
CHICAGO IL 60630- CLEARW ATER FL 33767 - 2165 DOYLESTOWN P A 1890 I - 4451
PATERAS, HARRY FOSS, DONALD E CARTNTCK, LOUTS
24 RAMBLER RD FOSS, SHIRLEY CARTNTCK, SHARYNL
JAMAICA PLAIN MA 02130- 255 DOLPHIN PT # 701 1028 SHEILA DR
3428 CLEAR WATER FL 33767 - 2166 TOMS RIVER NJ 08753 - 3522
BEELER, ZELDA M ZINZIGK, FRANGULA 1RE STRYESKl, JANE
255 DOLPHIN PT # 703 255 DOLPHIN PT # 704 255 DOLPHIN PT # 308
CLEARW A TER FL 33767 - 2166 CLEARW ATER FL 33767 - CLEARW ATER FL 33767 - 2114
WALSH, JOAN M TOMARAS, CATHERINE JUDD, NANCY B
83 COLONIAL WAY TOMARAS, KONSTANTINOS 2491 SYCAMORE ST
PO BOX 1310 6249 W CAROL LN ST JAMES CITY FL 33956 - 2067
WEST FALMOUTH MA 02574- PALOS HEIGHTS IL 60463 - 1823
MIRAULT, WILLIAM LONG, JOHN B ABOVIC, DUBRA VKO
MIRAULT, STEPHANIE LONG, LAURA T ABOVIC, GORDANA
46 CHELSEA DR 255 DOLPHIN PT # 710 5415 N SHERIDAN RD # 3308
SADDLE BROOK NJ 07663 - 4712 CLEARWATERFL 33767- CHICAGO lL 60640 - 1984
VILLARREAL, JUAN D OJ CLEMENTE, DOMENICO BUHELOS, GREGORY P TRE
1317 HAVERFORD DJ CLEMENTE, GnJLIA BUHELOS, PENELOPE TRE
HARLINGEN TX 78552 - 3203 2490 BELMOND AVE 12412 CHEYENNE DR
BELLMORE NY 11710 - 1208 PALOS HEIGHTS IL 60463 - 1689
DALGLIESH, CATHERINE M SHOCKLEY, NELLIE KLEPACKl, JAN
PATfERSON, PATRICIA D KLEP ACKI, YVONNE
255 DOLPHIN PT # 802 255 DOLPHIN POINT RD # 803 C/O WINNERS CIRCLE MOTEL
CLEARWATER FL 33767 - 2119 CLEARW A TER FL 33767 - 2171 3430 CAMPBELL BLVD # A
CLARKSVILLE TN 37042 -
PERRY, MICHAEL J MARTIN, VIVIAN R MANNING, BERNADETTE V
225 DOLPHIN PT # 805 255 DOLPHIN POINT # 806 255 DOLPHIN PT #'807
CLEARWATER FL 33767 - 2104 CLEARWATER FL 33767- CLEARW ATER FL 33767 - 2120
DOUVAS, STAVROS G FOSTER, THOMAS J REMlNIEC, STANLEY TRE
DOUVAS, EVA S FOSTER, EMlvIA R REMINIEC, HELEN M TRE
501 ELMWOOD AVE PO BOX 554 2035 WALNUT AVE
WILMETfE IL 60091 - 1973 ACTON ME 04001 - 0554 HANOVER PARK IL 60133 - 3817
ALLEN, STEVE DILLON, CHARLES J SPANOS, JOHANNA TRE
255 DOLPHIN PT # 8i1 DILLON, KATHLEEN A 514 MEDINA DR
CLEARW ATER FL 33767 - 2120 770 ISLAND WA Y # NI05 ST LOUIS MO 63122 -
CLEARW A TER FL 33767 - 1843
GIOTAKIS, WILLIAM BENOS, DINO J MC CASLIN, MARIAN B
GIOTAKlS, MARIA BENOS, GLADYS 0 255 DOLPHIN PT # '903
2401 VIRGINIA ST 151 WENNEKER DR CLEARWATER FL 33767 - 2121
PARK RIDGE fL 60068 - 2252 SAINT LOUIS MO 63124 - 2031
YATES, SANDRA G DAiF, FATH[ DEBLOIS, MONIQUE C
DAIF, MICHAEL F
255 DOLPHIN PT # 904 24 ROB IN CT 255 DOLPHIN PT # 906
CLEARWATER FL 33767 - 212] PISCATA WAY NJ 08854- CLEARW ATER FL 33767 - 2121
GILGASH, CURTIS A LABVA, MICHAEL J FANNING, KA THERlNE R
255 DOLPHIN PT # 907 LABUA, DOREEN L FOSTER, EMMA R
CLEARW ATER FL 33767 - 2122 255 DOLPHIN POiNT # 908 111 TREBLE COVE RD
CLEARWATER FL 33767 - N BILLERICA MA 01862 - 2217
TROPEA, PHILIP W GRAY, VESTAL KUZMEN,ALEX
TROPEA, PHYLLIS E 255 DOLPHIN PT # 911 KUZMEN, VALENTINA
255 DOLPHIN PT # 910 CLEARW A TER FL 33767 - 213 ROBIN RD
CLEARWATER FL 33767 - 2[22 MllL Vll..LE NJ 08332 - 5541
NALE, MICHAEL POUND, FRANK] TWINlNG, AMY L
NALE, CHRISOULA POUND, JANET J C/O TWINING, RICHARD G TRE
305 N DEE RD 255 DOLPHIN PT # 1001 1624 NW AVE # 12
PARK RIDGE ll.. 60068 - 2816 CLEARWATER FL 33767 - 2123 GAINESVILLE FL 32603 - 1688
LEONARDI, VINCENT DA VIS, FORD C THOM,:\S, MARY K
920 RUSH SCOTTSVllLE RD CARSON-DA VIS, DEBRA A 255 DOLPHIN PT # 1005
RUSH NY ]4543 - 9781 PO BOX 3694 CLEARWATER FL 33767 - 2123
CLEARW ATER FL 33767 - 8694
XANTHOUDAKlS, LAURIE P CARLSON, ROBERT J TRE TSENEKOS, Wll..LIAM C
948 GERRY AVE CARLSON, R ] LIVING TRUST TSENEKOS, MARINA
LIDO BEACH NY 11561 - 5217 255 DOLPHIN PT # 1007 847 P ARKWOOD AVE
CLEARW ATER FL 33767 - 2123 PARK RIDGE lL 60068 - 2233
BASAK. RA YMOND P CERBONE, LOUIS J DETHORN, GRACE E
255 DOLPHIN PT # 1009 CERBONE, VILMA 255 DOLPHIN PT # 1011
CLEARW ATER FL 33767 - 2124 255 DOLPHIN POINT RD # 1010 CLEARW ATER FL 33767 - 2124
CLEARW ATER FL 33767 -
MIRANDO, JOSEPH M SOLECKI, ROMAN T DOLPHIN POINT CONDO ASSN
MIRANDO, EVELYN B SOLECKI, EFfERPY C/O POLLICK, CHARLES J
17 CLIFF DR 3749 TECHNY RD 1173 NE CLEVELAND ST
BA YVILLE NY 11709 - 1202 NORTHBROOK IL 60062 - CLEARWATER FL 33755 - 4815
GRAMLEY, RICHARD W POLLICK, CHARLES] COLLINS, WOODROW M
GRAMLEY, BETTY POLLICK, SANDRA L 1305 WOODHAVEN LN
205 DOLPHIN POINT # 1 414 BELLE ISLE A VB SMYRNA GA 30082 - 3866
CLEARW A TER FL 33767 - 2105 BELLEAlR BEACH FL 33786-
3610
GREEN, TERRY CLARK, ALLAN E POLUCK, CHARLES 1
GREEN, LINDA CLARK, JACQUELINE POLUCK, SANDRA L
205 DOLPHIN POINT RD # 4 108 QUEENS LINE DR 414 BELLE ISLE AVE
CLEARWATER FL 33767 - 2190 NEPEAN ON K2H 715 00030- BELLEAIR BEACH FL 33786 -
CANADA 3610
DONOVAN,MERRY
205 DOLPHIN PT # 7
CLEARWATER FL 33767-
NICHOLS, BRUCE
NTCHOLS, SHERON
680 ISLAND WAY # 809
CLEARWATER FL 33767 - 1986
POPPLETON, JAY K
700 ORANGE ST
PALM HARBOR FL 34683-
BADGER PROPERTIES
C/O LARSON, ROGER A
5 ISLAND PARK PL # 308
DUNEDIN FL 34698 -
ISLAND MOORINGS CONDO
ASSN INC
234 DOLPHIN PT STE 4
CLEARW A TER FL 33767 - 2110
TYLER, ELIZABETH L
DAVIS, RICHARD A
234 DOLPHIN PT # 3
CLEARWATER FL 33767 - 2110
SAKA Y AN" GEORGE G
SAKA Y AN, MELINDA M
234 DOLPHIN PT # 6
CLEARWATER FL 33767 - 2110
CUMMINGS, MICHAEL
2426 1ST AVEN
ST PETERSBURG FL 33713 - 8821
SHEAN, RICHARD W
SHEAN, GAIL A
1845 HIGHLAND AVE S #10-2
CLEARWATER FL 33756-
OSTERMUNCHNER, DANIZA M
736 ISLAND WAY # 1105
CLEARW ATER FL 33767 - 1838
/
LENZ, JOHN M
LENZ, MARGARET M
205 DOLPHIN PT # 8
CLEARWATER FL 33767 - 2105
QUALITY BOATS
CLEARW ATER lNC
235 WINDWARD PSE
CLEARW ATER FL 33767-
HIGH & DRY MARINA INC
202 WINDWARD PSE
CLEARWATER FL 33767-
ASSAAD, NABll..
ASSAAD, SAMIA
222 DOLPHIN PT
CLEARWATER FL 33767 - 2107
POOK, PEACHES
234 DOLPHIN PT # 1
CLEARWATER FL 33767 - 2110
HINDMAN, JOHN R
HINDMAN, CAROL S
234 DOLPHIN PT # 4
CLEARWATER FL 33767 - 2110
ISLAND YACHT CLUB CONDO
ASSN
200 WINDWARD PASSAGE
CLEARWATER FL 33767-
SElBERT, THOMAS
1125 ELDRIDGE ST
CLEARWATER FL 33755 - 4310
OKEY PROPERTIES L TD
337 3RD ST NW
CANTON OH 44702 -
Housh Ghouavee
Northslde Englneenng Services
601 Cleveland Street, #930
Clearwater, FL 33755
FRY, ROBERT B
FRY, DOLORES M
240 WINDW ARD PSE # 1203
CLEARW A TER FL 33767 - 2249
YOURTH, BRADLEY Y
YOURTH, VALERIE
240 WINDWARD PSG # 1303
CLEARWATER FL 33767-
DOLPHIN POINT INe
276 BA YSTDE DR
CLEARW A TER FL 33767 -
M J H PROPERTIES INe
2035 PHILIPPE PKWY
SAFETY HARBOR FL 34695-
2200
DA Y, THOMAS E
240 WINDWARD PSE # 602
CLEARW ATER FL 33767 - 2248
PHILLIPS, BARBARA W
ZUMBAUGH, GARY W
234 DOLPHIN PT # 5
CLEARWATER FL 33767 - 2] 10
HARRISON, DIANE K
DOTY" THOMAS J
13650 96TH TER
SEMINOLE FL 33776 - 1422
JUN, YUNG HO
JUN, MI YUNG
9045 SUN ISLE DR NE
ST PETERSBURG FL 33702 - 2615
Wmdward Passage COndOIIllnIUmS
10719 Boca Powte Dnve
OIlando, FL 32836
Island Estates CIVIC A~soC!atlon
John BO<;ffiosky
POBox 3154
CleaJwate!, FL 33767
ABATE, SHELLEY HORWITZ, WILLIAM H TRE CUMMINGS, MICHAEL W TRE
240 WINDW ARD PSE # 406 HORWITZ FAMILY LAND CUMMINGS, DORIS A TRUST
CLEARWATER FL 33767 - 2247 TRUST 2426 1ST AVE N
3696 ULMERTON RD STE 200 ST PETERSBURG FL 33713 - 8821
CLEARW ATER FL 33762 - 4237
DOTY, THOMAS J FRENCH, STEPHEN L
HARRISON DIANE K FRENCH, SANDRA M KEHRER, JOELJ
13650 96TH TER 283 W LAKE RD 1407 MAPLE FOREST DR
SEMINOLE FL 33776 - 1422 PALM HARBOR FL 34684 - 3910 CLEARWATER FL 33764 - 2801
VUILLIOMENET, PAUL R HUFF, JOHN G MALAQUIN, ROGER J
VUILLIOMENET, DIA.NA L
3718 LOCUST CIR W 240 WINDWARD PSE # 805 KE1NATH, MARK A
PROSPECT KY 40059 - 9234 CLEARWATER FL 33767 - 2238 240 WINDWARD PSE # 591
CLEARWATER FL 33767 - 2258
ANDREANSKY, ALFONZ TRE WILSON, JOSEPH B GARRJSON, JAMES F GDN
PO BOX 456 ROBERTS, WENDY L GARRISON, WARREN
PALM HARBOR FL 34682 - 0456 200 WlNDW ARD PSG # 21 502 BELLE PL
CLEARW ATER FL 33767- INDIAN ROCKS BEACH FL
33785 - 3113
DREW, DENNIS SADOWSKI, ALFRED
DREW, MARGARET SADOWSKl, POULHERIA ARQUILLA, MICHAEL P TRE
PO BOX 779 240 WINDW ARD PSE # tom 1253 RICHFIELD CT
CLEARW ATER FL 33757 - 0779 CLEARWATER FL 3'J767- WOODRIDGE IL 60517 -
SMALL, WILLIAM A ill LYBRAND, STEPHEN F
SMALL, SUSAN E LYBRAND, LYNN L MADDEN, BEVERLY A TRE
4587 DEVQNSH[RE BLVD 240 WINDWARD PSGE # 605 240 WLNDW ARD PSG # 701
PALM HARBOR FL 34685 - CLEARW A TER FL 33767 - 2248 CLEARWATER FL 33767-
STRAUSS, RALPH W MC CLAIN, THOMAS JR
STRAUSS, LOIS SALTZMAN, STUART
1604 INDIAN ROCKS RD 9905 WOODBA Y DR 240 WINDW ARD PSE # 403
BELLEAIR FL 33756 - 1654 T AMP A FL 33626 - CLEARW A TER FL 33767 -
BONNEMA,JAMES W SR LINKER, ROBIN R
BONNEMA, BARBARA J LINKER, ROBIN R
2149 W ATEROAK DR N PO BOX 971 PO BOX 971
CLEARW A TER FL 33764 - 6656 RENO NV 89504 - 0971 RENO NV 89504 - 0971
GATES, A JOANNE GRIFFITH, DANIEL T SMITH, CLARENCE L
2210 CALHOUN ST GRlFFITH, CAROLTNE A SA VOY, A VIS
NEW ORLEANS LA 70118 - 6350 8408 DAMEN LN 622 EDGEW ATER DR # 621
PORT RICHEY FL 34668- DUNEDIN FL 34698 - 6924
BUITS, FREDERICK L TRE Y AZBECK, JOSEPH PARHAM, RONALD A
240 WlNDW ARD PSE # 702 Y AZBECK, ELISA T
CLEARWATER FL 33767 - 2248 240 WINDWARD PSE # 801 240 WlNDW ARD PSE # 902
CLEARWATER FL 33767 - 2238 CLEARWATER FL 33767 - 2238
,,-
ABBEY, JAMES M MERSI<J:N, CLARENCE G KANTZLER, GEORGE W
ABBEY, CINDA C 2208 WORTHINGTON GREENS
200 WINDWARD PSE # 31 DR 175 I ROSER Y RD E
CLEARWATER FL 33767- SAN CITY CENTER FL 33573 - LARGO FL 33771 - 1681
8045
LANE, JOHN W MC GRA TH, JOHN THOMAS, HAMPTON D
LANE, MARYS MC GRATI-I, RUSSELL P THOMAS, JUDITH A
11425 SEAGLADES DR PO BOX 1746 18828 TRACER DR
PENSACOLA FL 32507 - 9165 YORK BEACH ME 039] 0 - 1746 LUTZ FL 33549 - 3821
BAIOCCO, THOMAS J BOSKUS, PERRY B NEAL, JAMES L
240 W [NDW ARD PSE # 803 200 WINDWARD PSE # 38 NEAL, AUDREY E
CLEAR WATER FL 33767 - 2238 CLEARWATER FL 33767 - 1675 ROBIN HOOD LN
CLEARWATER FL 33764 - 6447
AL VES, JOSEPH IMBIOR, DENNIS J GENARO, JOHN C
459 SAN SALVADOR DR 306 LA HACIENDA DR POBOX 353A
DUNEDIN FL 34698 INDIAN ROCKS BEACH FL CLEARW A TER BCR FL 33767 -
33785 - 3715 8534
SMITH, RICHARD A WATSON, RICHARDE BRILL, HARRY G
200 WINDWARD PSG 3462 CHEATHAM RD BRILL, JORENEE
CLEAR WATER FL 33767 ACWORTH GA 30101 3004 SPRING OAK AVE
PALM HARBOR FL 34684
STRAUSS, RALPH W WRAGG, OTIS 0 ill TAYMAN, STEWART
6248 CENTRAL A VB
1604 INDIAN ROCKS RD 365 REDWOOD LN NEW PORT RICHEY FL 34653
CLEARWATER FL 33756 - 1654 MiAMI FL 33149 - 1862
CANNON, THOMAS V SR V ALENTE, DANIEL REISCHMANN, MICHAEL J
CANNON, GLORIA J VALENTE,ELaABETH REISCHMANN, DEBORAH
5603 RIVER GLADE DR 153 SWEET RD 1895 IRMA RO
CHATTANOOGA TN 37416 QUEENSBURY NY 12804 - 1759 EUSTIS FL 32726'- 7136
KIRKBRIDE, BONNIE K KOSTER, LANCE HUGHES, WLLLIAM 0
KfRKBRIDE, HAROLD R 36 HilLSIDE CT 17410 BROWN RO
1881 N HERCULES AVE # 1205 PALM HARBOR FL 34683 - 2902 ODESSA FL 33556
CLEARWATER FL 33765 - 1123
FEUER, DAVID L SUTHERLAND, RUDY L
FEUER, OFELIA V SUTHERLAND, JANIE F BRONSON, JAMES C
1550 JADE LN 4432 N MERIDIAN 407 PUEBLO TRL
TARPON SPRINGS FL 34689- OKLAHOMA CITY OK 73112- LAKELAND FL 33803 - 2149
5200 2402
BAILEY, ROBERT E MAGUIRE, THOMAS KELLEY, WILLIAM R JR
11417 KNIGHTS GRIFFIN RD 285 BA YSIDE DR PO BOX 257
THONOTOSASSA FL 33592- CLEARW A TER FL 33767 - 2504 HULL M A 02045 -
2670
,,--
GENTRY, WlLLIAM L PFANSTTEHL, PAUL D JANSSEN. RUSSELL
GENTRY, JAN B PFANSTIEHL, NATALIE 325 OVERBROOK DR
17803 GREEN W1LLOW DR 11 ANNANDALERD CLEARW ATER FL 33756 - 2030
TAMPA FL 33647 NEWPORT RI 02840 - 3610
SAVOY, AVIS E ALFONSO, ANTHONY UNVERFERTH, JEAN F
622 EDGEWATER DR # 621 7704 W HILLSBOROUGH A VB 3001 ROSERY RD E
DUNEDIN FL 34698 - 6924 TAMPA FL 33615 - 4716 LARGO FL 33771 - 1323
BAKER, HOWARD U IRE DOTY, THOMAS J KLOPCIC, RICHARD F
BAKER, HAZEL L TRE HARRISON, DIANE K ATIN HOPPMAN, MARCIA
1746 GOLF VIEW DR 13650 96TH TERR PO BOX 7
BELLEAIR FL 33756 - 1560 SEMINOLE FL 33776 - 1422 FT ATKINSON WI 53538 - 0007
KLOPCIC, RICHARD F KRUEGER, DOROTHY M TRE KEGEL, MICHAEL K
KLOPCIC, BETIY J 13650 96TH TER KEGEL, JUDI K
891 HARBOR IS SEMfNOLE FL 33776 - 1422 240 WfNDW ARD PSG #405
CLEARWATER FL 33767 - 1807 CLEARWATER FL 33767 - 2247
ROY! RAYMOND E BERNARD, GUY KANTZLER, GEORGE W
ROY, CATHERINE M L 4901 BASCHARAGE 175] ROSERY RD E
7 HANFORD RD POBOX 34 LARGO FL 33771 - 1681
STONEHAM MA 02180 - 2128 00000 -
LUXEMBOURG
ASNER, LANNY ROTHE, ELDON 0 TRE HOFFMAN, DONALD C
ASNER, GWENDOLYN M ROTHE, BE;VERLY A TRE HOFFMAN, BARBARA
240 WINDWARD PSE # 903 11154 E 700TH AVE 240 WINDWARD PSE # 6-603
CLEARW A TER FL 33767 - 2238 WATSON IL 62473- CLEARW A TER FL 33767 - 2268
KLINGER, MICHAEL GIBSON, E EDGAR GIARRIZZO, CHARLE'S
GlliSON, DIANNE
240 WINDWARD PSE # 502 5213 CEMETARY RD GIARRJZZO, EVELYN
CLEAR WATER FL 33767 - 2258 BOWLING GREEN KY 42103- 240 WINDWARD PSE # 504
9744 CLEARWATER FL 3'3767
FROSSARD, WILLIAM D JABLONSKI, BDW ARD J TRE
FROSSARD, SUZANNE E 4] 3] PHEASANT TRAIL CT SMITH, CLARENCE L TRE
200 WTNDW ARD PSE ARLINGTON HEIGHTS IL 60004 622 EDGEW A TER DR # 621
CLEARW ATER FL 33767 - 7995 DUNEDlN FL 34698
HIXON, RAY FEUER, DAVID L FLORIDA BOAT CONNECTION
FEUER, OFELIA lNC
HIXON, BETSY K 1550 JADE LN 1709 US HIGHWAY 19 N
1410 SUNSET DR TARPON SPRINGS FL 3~689- HOLlDA Y FL 34691 - 5604
CLEARW ATER FL 33755 5200
MC CULLOUGH, JAMES B SAKEY, ALBERT A STOUT, C EDWIN
SETKOWLCZ, ANN FATH, PATRICIA A
PO BOX 71 240 WINDWARD PSG # 1 101 240 WINDWARD PSG # 1102
WINTER PARK CO 80482 - 0071 CLEARW ATER FL 33767 - 2259 CLEARW A TER FL 33767 - 2259
~-~
LE BLANC, JOSETTE C
240 WINDWARD PSG # 1103
CLEARW ATER FL 33767 - 2259
LOOKRETIS, MARlA
240 WINDWARD PSE # 1201
CLEARWATER FL 33767 - 2249
WAGNER,LARRYH
240 WINDWARD PSE # 1202
CLEARW ATER FL 33767 - 2249
CHARTER FINANCIAL INC BEAMER, TERRY L ENSENAT, FRANK
1180 GULF BL VO STE 1600 BEAMER, MARY E ENSENAT, RA YLENE
CLEARWATER FL 33767 - 2313 200 WlNOW ARD PSG # 91 E 3999 LOWER BEAR PAW RD
CLEARW ATER FL 33767 MURPHY NC 28906
ANDREWS, DAVID C HOLST, JOHN C JR O'NEIL, JOHN J
ANDREWS, MARll., YNNE 12451 BALLAS MEADOWS DR o 'NEll., , VERONICA A
PO BOX 2096 SAINT LOUIS MO 6313 I - 3610 758 WINDING WILLOW OR
CLEARWATER FL 33757 - 2096 PALM HARBOR FL 34683
FRfEL, THOMAS J SR AMERICAN BUSINESS
GROTE, STEPHEN SERVICES INe
1811 PEPPERTREE DR FRIEL, THOMAS J JR 411 WALNUT ST # 1627
OLDSMAR FL 34677 - 2741 448 LEADER BLDG GREEN COVE SPRINGS FL
CLEVELAND QH 44114 - 1900 32043 - 3443
CROWELL, BRUCE H SANDOV AL, CHRISTIAN R SCARlE, GERALD
CROWELL, ELIZABETH F 25583 LIVINGSTON eIR SMITI-I, WILLIAM S
10918 54TH AVE N FARMINGTN HLS MI 48335- PO BOX 3801
ST PETERSBURG FL 33708 1248 CLEARWATER FL33767 - 8801
HUFFORD, ROBERT E WALSER, DEBRA H CONDE, THANH THUY
HUFFORD, MAR Y A WALSER, ROBERT L 240 WINDWARD PSG # 1302
240 WINDW ARD PSE # 1304 240 WINDWARD PSE # 130 I CLEARWATER FL 33767 - 2249
CLEARW ATER FL 33767 - 2249 CLEARW A TER FL 33767 - 2249
BROOKS, WILLIAM J ALLEY, DA VID T BILGUT A Y, MEHMET
BROOKS, KATHY J ALLEY, BARBARA 3070 DOXBERR Y CT
200 WINDWARD PSGE # 102 PO BOX 897 CLEARW A TER FL 33761 - 2003
CLEAR WATER FL 33767 - 2236 PALM HARBOR FL 34682 - 0897
BAILEY, RGBERTE BELL, RONALD R DANIELS, JEROME H
11417 KNIGHTS GRJFFlN RD PO BOX 1771 PO BOX 8002
TI-IONOTOSASSA FL 33592 - LARGO FL 33779 - 1771 CLEARWATER FL 33758 - 8002
2670
MOLYNEAUX, WILLIAM W ALMGREEN, ROBERT J IRE Wll.,HELM, LEE J
PO BOX 712 WJLHELM, EILEEN
751 MANDALA Y AVE NEW PORT RICHEY FL 34656- 3 I TSLAND WAY
CLEARW ATER FL 33767 - 1433 0712 CLEARW A TER FL 33767 - 2240
SMITH, CLARENCE L TRE
622 EDGEW A TER DR GROTE, STEPHEN STROM, PHILLIP D
DUNEDIN FL 34698 1811 PEPPERTREE DR 501 SANJOSE DR
OLDSMAR FL 34677 - 2741 DUNEDIN FL 34698 - 3714
ISLE OF CLEARWATER CONDO
ASSN INC
PO BOX 838
CLEARWATER FL 33757 - 0838
Hll..LEBOE, CHARLES R
HfLLEBOE, JUDITH B
200 DOLPHIN POINT # 103
CLEARWATER FL 33767 - 2101
BUCHANAN, VIRGINIA S
200 DOLPHIN PT # 203
CLEARWATER FL 33767 - 2101
MC ARDLE, THOMAS H
MC ARDLE, DONA F
3610 VALLEY DR
MIDLAND Ml48640 - 6606
TILLER, CHRIS
TILLER, ANN
200 DOLPHIN PT # 403
CLEARWATER FL 33767 - 2102
GROSS, GENE E
GROSS, MARY A
227 WINnW ARD PSE
CLEARW A TER FL 33767 -
MC GIVNEY, ROBERT B
MC GIVNEY, CATHERINE A
221 WINDWARD PSE
CLEARWATER FL 33767-
LONGENECKER, ROBERT L
8315 SENTINAE CHASE DR
ROSWELL GA 30076 -
MOLLER, JORAN
ERIKSSON, STEFAN
PO BOX 7043
VOXJO 35007 00006-
SWEDEN
OWENS, REGINALD W
OWENS, KATHLEEN A
240 WTNDW ARD PSG # 102
CLEARW ATER FL 33767-
,.--..
MERCURIS, KOSTA
200 DOLPHIN PT # 101
CLEARWATER FL 33767 - 2101
CURRENT OWNER
200 DOLPHIN PT # 201
CLEARWATERFL 33767 - 2101
CARTER, DENNIS V
CARTER, KAREN L
200 DOLPHIN PT # 301
CLEARW ATER FL 33767 - 2102
ALESSANDRINO, FRANK A
ALESSANDRINO, PATRICIA A
200 DOLPHIN PT # 401
CLEARWATER FL 33767 - 2102
POOLS AT WINDWARD
PASSAGE
HOMEOWNERS ASSN
CIO ISLAND PASSAGE lNC
1630 LAGO VISTA BLVD
- - - - -- - - - - - &
DEAN, DENNIS E
DEAN, JOANNE L
225 WINDWARD PSG
CLEARWATER FL 33767-
GAYNOR, JUDY P
GA YNOR, JOS,EPH W
219 WINDWARD PSG
CLEARW A TER FL 33767 -
ZAGERS, ROBERT L JR
ZAGERS, PATRICIA J
213 WINDWARD PSG
CLEARWATER FL 33767-
VILLAGE ON ISLAND ESTATES
CONDO ASSN
251 WINDWARD PSG STE F
CLEARWATER FL 33767-
GRAY, GARY S
WATERMAN, KELLEY J
240 WINDWARD PSE# 103
CLEARWATER FL 33767 - 2246
GOODWIN, GWENDOLlNE J
200 DOLPHIN PT # 102
CLEARWATER FL 33767 - 210 I
FRIEDMAN, MARSHA
FRfEDMAN, STEVE R
200 DOLPHIN PT # 202
CLEARW A TER FL 33767 -
HEDGES, ANNA B
200 DOLPHIN PT # 302
CLEARWATER FL 33767 - 2102
KENNEDY, J SCOTI
KENNEDY, BEVERLY L
200 DOLPHIN PT # 402
CLEARWATER FL 33767 - 2102
GOLDBERG, SHELDON R
GOLDBERG, SARA A
229 WINDWARD PSE
CLEARWATER FL 33767-
ROBERTS, GERALD
ROBERTS, PATRICIA
223 WINDWARD PSE
CLEARWATER FL 33767 -
KOCH, WILLIAM C
217 WINDWARD PSG
CLEARW A TER FL 33767 -
BROCK, WILLIAM B
BROCK, HEATHER A
211 WINDWARD PSG
CLEARWATER FL 33767 -
TODROW, ALEXANDER
240 WINDWARD PSE# 101
CLEARWATER FL 33767 - 2246
BAKER, RODNEY N
240 WINDWARD PSE # 104
CLEARW ATER FL 33767 - 2246
WARREN, GLENN T
WARREN, CAROL
240 WINDWARD PSE # i05
CLEARWATER FL 33767 - 2246
CASTEN, ROBERT P
CASTEN, VIDA L
240 WTNDW ARD PSE # 203
CLEARW ATER FL 33767 - 2256
RICCI, JOHN F
240 WINDWARD PSE # 303
CLEARWATER FL 33767 - 2257
DUKE, ROBERT N
JACKSON, MARll., YN R
140 ISLAND WAY # 202
CLEARW A TER FL 33767
- DE PACE, JOSEPH A
DE PACE, LINDA A
240 WINDWARD PSE # 201
CLEARWATER FL 33767 - 2256
TSETSEKAS, HARRIET
TSETSEKAS, RIA
400 ISLAND WAY #1604
CLEARWATER FL 33767 - 2131
DICKSON, JACK A
DICKSON, lO-BETH
202 LUMBERTON RD
HAINS PORT NJ 08036-
SALTZMAN, STUART
240 WINDWARD PSE # 403
CLEARWATER FL 33767 -
ROBERTS, lAMES W
ROBERTS, DIANE L
240 WINDW ARD PSG
CLEARWATER FL 33767 -
A VANCE, EDWARD C
240 WTNDW ARD PSG # 302
CLEARWATER FL 33767 - 2257
SMEULERS, JANWILLEM A
GUINAN" VERONICA E
240 WINnW ARD PSE # 401
CLEARWATER FL 33767 - 2247
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RECEIVfD
The Pools at Windwar(tf~~sag!L _ ___ u _ MAY 1 7 2aD~
219 Windward Passage OFF/C
Clearwater, FL. 33767 lEGIS~~:I:CORDS AND
E SRVcs DEN
Apn119,2004
Windward Passage LLC
140 Island Way #299
Clean..vater FL. 33767
AUn Larry Cooper
Re: High ancfDry Marina{ Windw.ard P-assage
Dear Mr. Cooper,
Please be advised that the undersigned IS the PresIdent of The Pools at Windward Passage
Home Owners ASSOciation, Inc ("The Pools"). The Pools IS an eleven unit townhouse project
dIrectly south and across the street from the project which IS proposed on the High and Dry Manna
location
The Pools has no objection to any Increase in height or densIty with respect to the proposed
project so long as theIr parking ratio IS maintained so there IS no adverse effect to the public
parkmg abutting the High and Dry Marina which services the mUnicipal park. We would also
request that the eXisting location of theJr trash dumpsters be maintained at the east and west of
their proposed proJect.
~
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MAY 1 7 2004
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- -- OFFICIAL RECORDS AND
lEG/SI..ATIVE SRVCS DEPT
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MAY 1 7 2004
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uunnn~?yv~~f!1_lt _~a~ COnCe!~~ _un _ _ ____ __ ____n__ ____ QfJ:I~IALRECORDS AND
LEGISLATIVE SRVCS DEPT
The undersIgned aSSOciatIon ("Association") IS the owners aSSOciation for The -
Village on Island Estates condominium ("The Village") Windward Passage
Condominiums, LLC, a Flonda limited liability company ('Windward") IS proposing to
construct a 55 unit condominium on the property adjacent to and westerly of The Village
(ProJect")
Windward and the ASSocIation have entered IOta an agreement with respect to
the PrOject ("Agreement") The Agreement, among other matters, Incorporates a site
plan and landscape plan that are acceptable to the ASSOciation, copies of which plans
are attached to thIS letter as Composite ExhIbit C
The Agreement also provides that WIndward consents to the follOWing conditions
being Included In any approval of the Project
1 The applicant, Windward Passage Condominiums, LLC, has
entered into an agreement With The Village 0n Island Estates
CondominIum Association, Inc, ("AssociatIon") In which the
appltcant has committed to certain matters that Will ameliorate
some of the Impacts of the proposed development on Its
neIghbors Accordingly, thiS approval IS personal to the applicant,
and may not be utIlized In any manner by any other entity Without
such entity either (1) assuming and performmg the applicant's
obligations under such agreement, (2) the wntten consent of the
Association, or (3) a new hearing before the Communrty
Development Board.
2. Because of (1) the umque location of the proposed development
at the end of a finger, adjacent to an eXisting manna, and the
nature of other properties In the area and (2) the agreement
between the apphcant and the AssocIation described above, the
height and setbacks allowed for the proposed development does
not set a precedent for any future development south of Windward
Passage and west of Island Way
Based upon the Agreement, the ASSociation has no objection to the attached site
plan for the Project.
THE VILLAGE ON rSLANO ESTATES
CONDOMINIUM ASSOCIATION, INC, a
FlOrida non-profit corporation
L Jk;);{
/ May 17,2004 57 {g J 0 " L-DI3 ~ ?urm fl 1fW>tq
.~ J<-e ! Pub Q-do3 ~ II Met :/),;.-;1 j RECEIVED
\, To: Members of the Community Development Board "'/(/./
Fr: Windward Passage LtC MAY 1 7 2004
Re: Windward Passage Condomirnums (High & Thy JV1anna)
OFFICIAL RECORDS AND
~EGISLATlVE SRVCS DePT
Attached please :find letters of '~o Objection" from The Pools ~t Windward Passage and the
Vdlages on Island Estates (which are the two condonnmum aSSOClauons that are our immedtate
neighbors on Wmdward Passage) as to the above referenced project whtch Mil be presented to
the Community Development Board on Tuesday, May 18
We have met Wlth and worked hard withJhe residents of both of these condominium
assocIations to ensure that they have no objection With the plan we are presenting.
We have also worked hard with your planning staff in the deSIgn of the bOOding and we feel
that together WIth their help, the help of our development team and the input of the residents of
The Pools and The Villages, we have been able to design a project that, not only are we pleased
With, but our neighbors as well
We assure you we will continue to work with the residents throughout the construction phase
and beyond and will be continue to be good neighbors to all concerned
Thank Y Oll again for your help.
Wmdward Passage LLC
Larry Cooper
Sal Madier
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The Planning Department recommends approval of the following actions on thiS
appllcatlon-
1 Amend the Future Land Use Plan designation of Metes and Bounds parcels 13/04
& and portion of 13/044 from ResIdential Urban (RU) to ReSidential/Office LImIted
(R/OL) (pending case ANX 2002~12023)
2 Amend the Zomng Dlstnct designatIon of Metes and Bounds parcels 13/04 & a
portion of 13/044 from A-E, Agncultural Estates Residential to 0, Office (pending
ANX 2002~ 12023)
In response to a question, Planner Marc Manano saId thiS address IS correct It was
changed by the Engrneenng department because 7 Hampton Road was assigned to the former
homeowner, who was not annexed Into the City and 10 Hampton Road IS not avaIlable
Member Mazur moved to approve the Consent Agenda Item C1 - Case FLD2002~
10034, Item C2 - Case FLD2002-10035 wIth 14 conditions as listed, Item C3 - Cases
FLD2002-11 039/PT2002-11 003 wIth 8 conditIons as listed, Item C4 - Cases FLD2002-
11 038/PL T2002-11 002 with 8 conditions as listed, Item C5 - Case FLD2002-11 042/PL T2002-
11005 with 6 condItions as listed, Item C6 - Case FLD2002-11 041 /PL T2002~ 11004 with 8
condItIons as listed, Item C7 - Case FLD2002-11 043 wIth 11 conditions as hsted, Item C8 -
Case FLD2002-1 0033 with 3 conditions as listed, and recommend approval of Consent Agenda
Item C9 - Case ANX2002-10017, Item ClO - Case ANX2002-11022, Item C11 - Case
LUZ2002-11 012, Item C12 - Case ANX2002-1101 9, Item C13 - Case ANX2002-11 020, Item
C14 - Case ANX2002-11 021 , Item C 16 - Case ANX2002-12023, and Item C 17 - Case
LUZ2002e 12013, less Item #15 - Case LUZ2002-11 011 The motion was duly seconded and
carried unanImously
15 Case LUZ2002-11 011 - 202 Windward Passage LevelS ApplicatIOn
Owner/ApplIcant High and Dry Marina, loc
RepresentatIve Harry S Cline, EsqUire
Location 1 838-acres located on the north SIde of Windward Passage, approximately
600 feet north of Memonal Causeway and 920 feet west of Island Way
Atlas Page 267B
Request
(c) Land Use Plan amendment from Commercial General, CG to the Residential High, RH
Classification, and
(d) Rezoning from the C, Commercial District to the HDR, High DenSity Residential Dlstnct
Proposed Use Future multi-famIly dwellings
Neighborhood Assoclatlon(s} Island Estates CIVIC AssOciatIon
Presenter Marc A Manana, Planner
ThiS Item was pulled from the Consent Agenda
Member Hooper declared a conflict of Interest
The 1 a3-acre subject site at 202 Windward Passage, approximately 500 feet north of
Memorial Causeway and 920 feet west of Island Way, IS occupIed by a hIgh and dry storage
marina faCility containing 306 berths WIth eight dock structures used for storing, mamtalnlng and
repairing vessels The applicant IS proposing to amend the Future Land Use Plan deSignation
of thiS property from the Commercial General (CG) category to the ReSidential High (RH)
Community Development 2003-01
29
1/21/03
~
category and to rezone it from the C, Commercial District to the HDR, High DenSIty ReSidential
Dlstnct to redevelop the property WIth multi-family dwellings
In accordance With the Countywide Plan Rules, the land use plan amendment IS subject
to approval by the Plnellas Planning Council and Board of County CommIssIoners acting as the
Countywide Planning AuthOrity Due to the density allowed by this plan amendment, review and
approval by the Florida Department of Community Affairs IS required
An C!mendment to the Future Land Use Plan from Commercial General (CG) to
ReSidential High (RH) and a rezonmg from the C, Commercial District to the HDR, High Density
ReSidential District for the subject property IS requested to enable the applicant to develop thiS
site WIth multi-family dwellings The neIghborhood IS surrounded by a marina use to the west, a
park and multl~famlly reSidential uses to the south, Clearwater Harbor to the north and multI-
family reSIdential to the north and east The proposed residential use Will blend Into the
surrounding neighborhood since thiS IS a primarily resIdential area
The proposed ReSidential High (RH) Future land Use Plan classification and HDR, High
Density ReSidential zoning district are conSistent With both the City and the CountYWide
ComprehensIve Plans, IS compatible With the surrounding area, does not require nor affect the
provIsion of public serVices, IS compatible With the natural envlfonment and IS consistent With
the development regulatIons of the City
The Planning Department recommends approval of the follOWing actions on thiS
application 1) Amend the Future Land Use Plan deSignation of 202 Windward Passage from
Commercial General (CG) to ReSidential High (RH), and 2) amend the zomng dIstrict
deSignatIon of 202 Wmdward Passage from the C, Commercial District to the HDR, High
DenSity ReSidential DIstrict
In response to a question, Mr Mariano said the applicant IS proposing to bUild 55 units at
a height of 64 feet, which exceeds' FEMA (Federal Emergency Management Agency)
restnctlons of 14 feet The eXisting bUilding IS approximately 45 feet high The complex
ImmedIately south of thiS property contains three story garden style townhomes Dolphin Cove
Condominiums are eight floors high Mr Manano said the development potential of the
CommercIal General deSIgnation on thiS property IS the most Intense deSIgnation permItted
Marinas and offIce bUildings could be built In a Commercial General land use deSIgnation area
DISCUSSion ensued regarding the evacuation of a Commercial General deSignated area Ms
Tarapanl remarked that suffiCient warnmg always IS given to people when the potential for a
hurrrcane eXists It was remarked that thiS request IS result1l1g In a net reduction of the number
of'Sltes to store boats Demand for boat storage remains hIgh Mr Mariano said he,was not
aware of any formal proposals regarding manne storage faCilities In the City He said the
Clearwater Yacht Club IS nearby He said he has, on occasion, receIved complaints regarding
on-street parkmg on days when thiS marine facilIty IS being used heavily
Harry ell n e, app Ilca nt's re p resenta tlve, sa Id 001 phi n Po I nt Con do mm I u m IS 1 0 stan es
over parking The maximum height of thiS bUilt would be 45 feet The applicant's property IS on
a cui de sac and at the end of a finger He felt a Commercial deSignatIon IS approprrate on thiS
street The site has over 300 boat slips With limited sales and service ThiS property IS paved
100% from lot line to lot line and has no open space Parking also has been a problem ThiS
proposal IS to rezone thiS property from Commercial to HIgh DenSity ReSidential to construct a
condominium development The surroundmg fingers also are zoned High DenSity ReSIdential
He said thiS development would not be a hlgh-rrse condominium development There would be
Community Development 2003-01
30
1/21/03
~
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four reSIdentIal levels over park,ng He referred to draft renderings of the project He saId the
traffic and-noise would decrease with this proposed use Currently, on hOlIdays the traffiC
demand exceeds capa-clty on this street He said the Village condominiums have Indicated they
were supportive of this proposal as long as a high rise IS not bUilt He said this project IS
compatible with the surrounding area
The Chair noted that the CDS IS only considering the request to change the land use
and zoning today, not the site plan or the project
In response to a question, Mr Cline said the current land use aHows 30 l,lnlts per acre
ThIs proposa/IS for four addltronal units per acre or a total of 11 unIts over the current capacity
It was remarked that the DCA (Department of CommunIty Affairs for Florida) has been denymg
requests for land use changes that mvolve additIonal numbers of units Mr Cline saId those
denials were applied to projects on barner Islands and those cIties' zonmg and land use plans
may differ from Clearwater's regulations
In response to a questIon, Ms Tarapanl said staff IS aware of other beach communities'
land use and zoning decisions Clearwater's primary obligatIon IS to provide Increased housmg
throughout the City She said staff feels thIS propOsal would result In a smaJJ, Incremental
Impact on the system
Sal Halder, developer, said thiS project would result In a hIgh quality product with four
stories over a garage The project would be burlt wlthm the allowable space He saId although
the prolect exceeds the Code's height reqUIrements, 110 parking spaces under the bUIlding IS
planned, whIch exceeds parkmg requrrements In response to a question, Mr Halder saId
prellmmary plans are to Incorporate 23 - 26 boat slIps, whIch would be avaIlable for sale to
residents of thIS complex Some parking spaces would Include garage doors
Ten persons spoke In OpposItion of the applIcation
In response to a question, Mr Clme said the applicant's survey mdlcates that hIS client
owns the submerged lands He said a tlUe search IS being done to confIrm hIS claim
In response to a question, Ms Clayton saId the unmetered parkmg spaces that one
resident referred to on the south Side of the subject sIte are merely a resuft of people parking In
the City rrght~of~way Mr Cline saId thiS proposal would provide for on sIte parking for property
owners
Ms Tarapanl revIewed the process for notifIcation of adjacent property owners regarding
applIcatIons Involving a request to deViate from Code regulations She saId the ISsue of
property ownership of the submerged lands under the docks at the Village on thiS site IS a
matter between the two property owners, however staff welcomes any InformatIon or
documentation regardIng the matter The applIcant IS claImIng ownership rrghts The Village
property owners have mdlcated that applicable permits those docks were obtamed In 1982
It was remarked that the land use plan In the ,area on the northeast Side of WIndward
passage IS Residential Medium In response to a question, Ms Clayton said If thiS sIte was
zoned Residential Medium, the approprrate zonmg deSIgnation could be MDR or MHDR
Heights In the MHDR through a fleXible public hearing could be up to 50 feet, In MDR up to 40
feet through a staff approval, or 50 feet through a publIc hearrng It was remarked that Just
south of Dolphin Pomt is Residential MedIum and to the south of that IS Commercial General
Community Development 2003-01
31
1/21103
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zoning It was remarked that this request IS for Residential High but appears that It more closely
parallels Residential Medium Ms Tarapanl said Skiff Drive and Dolphin POint have a
Residential High designation and there also IS Residential Medium adjacent to the site It was
remarked that the Residential High designation may be out of character between a Residential
Medium and Commercial General designation Ms Clayton said ResidentIal Medium density
allows 15 units' per acre and Residential High allows 30 units per acre
In response to a question, Ms Tarapanl said FEMA requires various flood elevations as
measured from the first floor of living space She said In thiS current Commercial zomng
deSignation, the applicant could bUild a hotel which could potentially be a height of 25 to 50 feet
through a staff approval or fleXible standard or higher through a ComprehensJVe Inflll request
In the Commercial DiStrict, 40 units per acre would be permitted OffIce bUildings also could be
bUilt In the Commercial District Ms Clayton said the Englneenng department has Indicated the
utility capacity on Island Estates would not be adversely affected by thiS project
Mr Cline said he IS sympathetic to reSidents' concerns regarding height of the project
He said the request before the COB today IS a zoning and land use Issue He feels thiS request
IS appropriate for the area and IS compatIble With the surrounding area
It was remarked that the speCifiC elements In the sIte plan for thiS project would be
reviewed by staff and the COB pnor to any approval:s for setbacks, etc The City CommissIon
reviews the COB's recommendations and makes the final deCISion regarding these cases
Member Doran moved to approve Item #15, Case LUZ2002-11 011 , subject to the Issue
of ownershIp of the submerged land being determined to the satisfaction of the City Attorney's
office The motion was duly seconded
In response to a question, Mr Chne said he felt the Issue of ownership of the submerged
lands could be divorced from thiS application He IS In posseSSIon of a land survey, which
Indicates that as part of the legal deSCription, the submerged lands belong to hiS clIent
ASSistant City Attorney Dougall&Sldes said the zoning map has no deSignation for that parcel
Mr Cline saId he would Withdraw that portlon of the application descnbed as submerged lands
Member Doran amended hiS motion to delete the portion of the motion that the approval
was subject to the Issue of ownership of the submerged land being determined to the
satisfaction of the City Attorney's office The seconder agreed Upon the vote being taken
regarding the amended motion, Members Gildersleeve, Mazur, Moran, Doran, Milam, and
Petersen voted "Aye" Motion carned unanimously
/
o DIRECTOR'S ITEMS
Adminlstatlve Law Judge Deter;"~nation
/ " .
I Ms Dougall~Sldes sgld In the case InvolVing the g~ahtlng of a dock perrIlIf to Applicant
Chnstopher C Mananl, therflnal order of the Administrative Law Judge J Lawrence Johnston
upt<\eld the COB's determrhatlon not to pull the appeal from the COB's Consent Agenda aoa
I ~ ~
hdld a full JudiCial hearlf,lg on the request The judge"also speCIfied WhlChJportlons of th~frecord
1 ) j ,;;
should be forwarded t.o DOAH (DIVISion of Admlnlstratlve Hearings) Mf)' Dougall&Sld-.es said the
judge's deCISion speaks well for future deCISions/of the COB With respect to those tYlZles of
appeals /
Community Development 2003-01
32
1/21/03
, ,
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(fV .--u- t__lhe_appJlcant,--Wmdward-Rassage 8ondom1nIUms~f:l:e, has- Efnterej IA:O
an agreement with The VIllage on Island Estates Condominium
Association, Inc , ("AssocIation") In which the applicant has commIttee tv
certain matters that will ameliorate some of the Impacts of the proposed
development on Its neighbors Accordingly, this approval IS personal to
the applicant, and may not be utilized In any manner by any other entIty
without such entity either (1) assuming and performrng the applicant's
obllgatrons under such agreement, (2) the written consent of the
ASsOciatIon, or (3) a new heanng before the Community Development
Board
2 Because of (1) the unique location of the proposed development at the
end of a fmger, adjacent to an eXisting manna, and the nature of other
properties In the area and (2) the agreement between the applicant and
the AssociatIon described above, the heIght and setbacks allowed for the
proposed development does not set a precedent for any future
development south of WIndward Passage and west of Island Way
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June 22, 2004
~[EC[E~V[ED
Mr Wayne Wells
100 South Myrtle A venue
POBox 4748
Clearwater, Flonda 33758
JUN 22 2004
IPtAU\EN~NG DEPARIMlE~r
CiTY OF CLEARWATER
Dear Wayne,
Re: The Residences at Windward Passage Project: Minor Change Request Pursuant
to Section 4-406
Pursuant to our dIscussIOn two weeks ago, we have prepared the follow111g specIfic
request outhnll1g m1110r changes 111 the deSign as compared to the CDB approved
documents As we cont111ue to reiine the deSIgn of the ploJect we have found It necessary
to make slIght reVISIons which were precipitated by the structural grid reqUIrements
Further we rema111 cogl1lzant of thIs buIld111g's central locatIon 111 the Clearwater skylIne
and therefore feel responsIble 111 provldll1g the best alclutectural deSIgn
The requested reVISIons are as follows
5
6
I We have modIfied the curved elevator tower walls to be squared configuratIOns,
2 The curved wrap-around balcol1les on the western elevatIon have been changed to
a square configuratIon (affectmg Ul1Its D,E,F,and G),
We have substItuted the bowed w111dow With a rectangular arched w111dow
(affect111g Ul1Its O,E,F, G,B and H),
4 The sloped barrel tIle roof parapet has been replaced WIth a vertIcal 30" pmapet,
however, we felt the need to break up the long hOrizontal parapet 1111e on the
elevatIons and thus have 111corporated authentIC Spal1lsh style crown elements
whIch shghtly exceed the approved 30" parapet,
We have added decoratIve tIle to the column deSIgn,
We have revised the staIr tower elevatIon and have rewOlked the w111dow
open111gs 111 the stem towers,
We have revIsed the trim detaIl and added accent tIle,
We have revIsed the decoratIon on the ground floor parkmg screen walls,
..,
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7
8
140 ISl.AND WA)' #299
Cl.EA R WA TH, Fl.ORI DA 33767
TELEPHONe (727) 441-3801 FACSIMILE (727) 442-5684 E-MAIl. SHAIDER@WIND\t\IARDPASSAGE INFO
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9 We have reconfigured the urut ba1comes on the north elevatIon affectll1g umts A,
B, C, and H
All of the mne requested changes are In keep1l1g wIth the reqLl1rements of SectIOn 4-406
of the Code wIth the exceptIOn of that component of request number 4 that relates to the
crown elements
For your convemence, we have attached 4 copIes of 8 12 x 11 draWIngs and elevatIOns
wIth partIal colored elevatIons as well as 2 sets of full sIze pnnts of the modIfied plans
We apprecIate your consideration and approval of tIllS request as early as possIble
Should you have any questions. plea~e call me at (407) 902-1444
Salman A HaIdeI
Manager
~oo~
Manager
140 ISLAND WAY #299
CLEARWATER, FLOI<IDA 33767
TELEPHONE (727) 441-3801 FACSIM/LC (727) 442-5684 E-MAIL SHAIDER@WINDlAlARDPASSACC INFO
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CITY OF
CLEARWATER
PIANNING DEPARTMENT
POST OFFICE Box 4748, CLMRWATER, FIORJDA 33758-4748
MUNICll'AL SERVICES BUILDING, 100 Som H MYRll E AVENUE, CLfARW4.1 ER, FLORIDA 33756
TElePHONe (727) 562-4567 FAX (727) 562-4576
LONG RANGE PLAi'<NlNG
DEVEI OPMCNT REviEW
May 21, 2004
Mr Housh Ghovaee
NorthSlde EfIgmeermg Services, Ine
601 Cleveland Stre~t, SUIte 930
Clearwater, FL 337~5
RE Development Order - Case FLD2003-ll059 - 202 Wmdward Passage
Dear Mr Ghovaee
This letter constitutes a Development Order pursuant to Sechon 4-206 D 6 Qf the CommuntJy
Development Code On May 18, 2004, the Commumty Development Board revIewed your Flexible
Development approval to permit 55 attached dwelImgs m the HIgh Density ReSidentIal Dlstnct wIth
reductlOns to the front (south) setback along Wmdward Passage from 25 feet to 11 5 feet (to bmldmg),
from 25 feet to 15 feet (to pavement) and from 25 feet to 12 feet (to dumpster stagmg area), a reductlon
to the rear setback from 15 feet to 13 feet (to pool deck) and an mcrease to bUlldmg helght from 30 feet
to 60 feet (to roof deck), as a ReSIdential Infill ProJect, under the provlslons of SectlOn 2-504 F (retammg
the eXlstmg floatmg docks for sole use by the property owners) The Commumty Development Board
(CDB) APPROVED the apphcahon with the followmg bases and condItIons
Bases for Approval
1 The proposal complies wIth the FleXible Development cntena as a ReSidential Infill Project per
SectIOn 2-504 F
2 The proposalls In comphance with other standards m the Code mcludmg the General ApplIcabIhty
Cntena per SectIon 3-913
3 The development IS compatJble with the sl}fTollndmg area dnd will enhance other redevelopment
efforts
CondltlOns of Approval
I That the final deslgn and color of the bUlldmg be conSIstent Wlth the conceptual elevatIOns submitted
to, or as modIfied by, the CDB,
2 That boats moored at the eXlstmg floatmg and future docks be for the exclUSive use by the reSidents
and/or guests of the condommlUms and not be penmtted to be sub-leased separately from the
condomllllums,
3 That all FIre Department reqUirements be met pn6r to the Issuance of any penmt,
4 That payment ofRecreatJon Land and Recrea.tlon Faclilty Impact fees be paid pnor to the Issuance of
the bUlldmg permIt,
5 That a four-foot high landscaped, sohd fence or wall to screen parkmg be sho'wn on the SIte plan
along the"east and northern portIOn of the parking mea pnor to the Issuance of any permits, and
I3RIAN) AUNG~l, MA YOR-CO~IMI~SIOi'l[R
HOlT 1 11Ii'1II 1 ON, VICE 1\<11\\0[< COr\lVIl~~IONrK WHI INri' GR,\\, CO\1\1I"lo~rR
FR,\J'JK j-{IBB/\RD, COM,\jl,SION[R * Bill )01'150,'1, CO\I\II"IO~I i(
"EOUAI EMPI O'l:~\rN I AND An IRMA I IV! Ac.. I ION EMPI 0\1 [{"
May 21,2004
Ghovaee - Page Two
6 The apphcant, Wmdward Passage CondommlUms, LLC, has entered mto an agreement with The
VIllage on Island Estates ConrlommlUm AssociatIOn, Inc ("AssoCIatIOn") m which the appltcant has
cormmtted to certain matters that will amehorate some of the Impacts of the proposed development
on Its neIghbors Aceordmgly, thiS approval IS personal to the apphcant
Pursuant to SectIon 4A07, an apphcatIOn for a bUlldmg permit shall be made withm one year of FlexIble
Development approval (May 18, 2005) All reqUired certificates of occupancy shall be obtamed_ wlthm
two years of the date of Issuance of the IJ1lhal buildmg penmt Time frames do not change w1th
successIve owners The CommuJ1Ity Development Coordmator may grant an extension of tIme for a
penod not to exceed one year and only wlthm the ongmal penod of validity The Commumty
Development Board may approve one addltlonal extensIOn of hme after the Commumty Development
Coordmator's extension to mlhate a bUlldmg permIt apphcatlOn
Please be aware that tne Issuance of thiS Development Oraer does not relieve you of the necessIty to
obtam any bUlldmg penmts or pay any impact fees that may be reqUired In order to facilitate the
Issuance of any penmt or license affected by thIS approval, please bnng a copy of thIS letter wIth you
when applymg for any permits or licenses that reqUlre thIS pnor development approval
In addition, please be aware that an appeal of a Level Two approval (Flexible Development) may be
mItIated pursuant to Sf'etlOn 4~502 B by the applicant or by any person granted party status wHhm 14
days of the date of the hOB deCISIon The filing of an apphcatJon/nohce of appeal shall stay the effect of
the declSIon peiidmg the final determmatJon of the case The appeal penod for your ease expires on June
I, 2004
If you have any question,>, please do not hesitate to call Wayne M Wells, AICP, Planner III, at 727~562~
4558 You can acc('~s zomng mformatlOn for parcels wlthm the City through our webslte
www mvcIearwater cOlll/iwv/dcpts/plannmg *Make Us Your Favontel
s~.
Cynthla Tarapam, AlCP
Planmng Dlrector
5lPlaillllng Depmlmen/\C 0 H1/f.EXlPendwg cases\Upfor Ihe rum CDBIWwdwmr! Passage 202 Resulences@ Wmdwmd Passage (HDR) -
ApprovedlWuulwllril Passage 202 Development Order doc
~ 4-401
COMMUNITY DEVELOPMENT CODE
Section 4-401. Purpose and applicability.
ThIS diVISIOn establIshes the approval requrred
to commence development of a use m a zomng
dlstnct wluch is Identrfied In that dlstnct as
requmng a Level Two approval A Level Two
approval IS granted by the commuroty develop.
ment board, based on a recommendatIOn of the
corom umty development coordmator As WIth Level
One' approvals, dependmg on the nature and
character of the use, the apphcatlOn may requrre
a sIte plan, plat approval, a traffic Impact study,
andlor a certificate of concurrency capacity, as
part of Its apphcatlOn for approval After a Level
'!Wo approval IS obtamed, a bwldmg and an
occupancy pernut are reqUired, as well as any
reqwred hcenses
public heanng on the applicatIOn In accordance
WIth the reqwreroents of section 4-206 and grant
the approval, grant the approval subject to spec-
Ified condrtlons or deny the apphcatton for devel~
opment approval The reVIew and pubhc heanng
shall be held Wlthm 33 workrng days after deter-
nunatton of suffiCIency, unless the time frame IS
extended by mutual consent of the apphcant and
the CIty The commuruty development board shall
render a decIsIOn not later than 70 days after the
rmtlal hearmg unless the tune frame IS extended
by mutual consent of the applIcant and the CIty
The communIty development board shall attach
such condItIOns to the approval whICh are neces-
sary to ensure compliance Wlth the apphcable
general and specIfic fleXibIlIty reqwrements set
out m Artlcles 2 and 3 mcludmg the prOVISIOns of
sectwn 3-911 m regard to general standards for
approval conaltIOns
(Ord No 6526-00, ~ 1,6-15-00, Ord No 6998~02,
S 4, 7-18-02, Ord No 7106-03, S 20,9-18-03)
Section 4-402. Application.
An apphcant for a Level Two approval shall
subnut an appl1catIon m accordance WIth the
reqwrements of section 4~202 (A) and (E) to the
corom umty ~development coordmator who shall-Section 4-405. -Effect -of -a Level-Two deci-
reVIew the applicatIon m accordance WIth the sion.
reqwrements of sectIOn 4-202 (C) and (D)
Section 4-403. Staff review, report and rec.
ommendation.
After the commumty development coordmator
has reVlewed the applIcation WIth the develop-
ment reVlew comnnttee In accordance WIth the
proVISIons of sectIon 4-202 (C) and (0), the coor-
dmator shall transnnt a wntten recommendation
to the community development board, or the
heaTIng officer, If applIcable, With a copy to the
applicant, settmg forth recommended finchngs of
fact regarchng whether the applIcatIon conforms
to the fleXIbIlity criteria m the zomng dlstnct m
whIch the property IS located, proposed conclu-
SIOns of fact and law and recommended conchtIOns
concernmg the applIcation
Section 4-404. Community development
board deCIsion.
Upon receipt of the recommendatIOn of the
commumty development coordmator, the commu-
ruty development board shall reVIew the apphca-
tlon, the recommendation of the commuruty de-
velopment coordmator, conduct a quaSI-JudiCial
Supp No 11
Approval of a level two approval shall be deemed
to authOrize only the.partIcular use for wroch it IS
Issued and shall entItle the reCipIent to apply for
a bUllchng permit or any other approval that may
be requrred by tlus development code, the CIty or
regIOnal, state or federal agenCIes Such approval
shall be eVIdenced by a wntten development
order Issued by the commumty development coor-
choator that confirms the commumty develop-
ment board's deCISIon and shall be effect:lve upon
the date of the board meetmg when the deClslon
was rendered
(Ord No 7106-03, S 21, 9-18-03)
Secti'on 4-406. Changes to Level Two devel-
opment approvals.
A Mmor reNswns The commuroty develop-
ment coordmator IS authonzed to allow mmor
reVIswns to an approved Level '!\vo approved
after receIpt of comments from the development
reVIew commIttee A mmor reVISIOn IS one whIch
1 Does not alter the locatIOn of any pnvate
street and/or driveway by more than 20
feet
CD4 20
DEVELOPMENT REVIEW AND OTHER PROCEDURES
2 Does not change the use unless such change
IS of a sllllIlar or less mtensIty, as c!eter-
mmed by the commurnty development
coordInator
3 Does not mcrease the densIty or mtensIty
of the development
4 Does not result ill a r;eductIOn of setback
or prevIOusly requIred landscape area
5 Does not result In a substantial change to
the locatIOn of a structure preViously ap-
proved
6 Does not result In a substantIal modIfica-
tIon or the cancellatlOJl of any conrntIon
placed upon the applIcatIon as orIgmally
approved
7 Does not add property to the parcel pro-
posed for development
8 Does not Increase the height of the bUIld.
mgs Ifi a manner that wI11 change the
overalfheJ.ght ofthe project,_WlILnot-alter
the scale of the project, does not exceed
the maxImum height pernutted Ifi by the
applicable spec tal area plan and zomng
dIstnct
9 Any other mmor reVISion that does not
substantially alter the character and de-.
Sign of the project
BOther revt8wns Any other adjustments or
changes not specified as "mIllor" shall be granted
only In accordance With the procedures for ongI-
nal approval
(Ord No 7106-03, g 22, 9-18-03)
Section 4-407. Expiration of a Level Two ap-
proval.
Unless otherWIse specified m the approval, an
applicatIon for a bmldmg permit shall be made
wlthm one year of the date of the Level TWo
approval, and all reqUIred certificates of occu-
pancy shall be obtamed WithIn two ye;rrs of the
date of Issuance of the lIlltial bUIldmg permit
Pernntted tune frames do not change WIth succes-
SIve owners An extensIOn of tune to IfiltIate a
buildIng penmt may be granted by the commu-
mty development coordmator prOVIded It IS for a
penod not to exceed one year, IS for the project
Supp No 11
CD4 20 1
~ 4-501
ongmally approved and provIded good cause IS
si!own and documented m wrItmg WIthIn the
ongmal penod OfValIrnty The commumty devel-
opment coordinator may also consIder whether
SignIficant progress on the project IS bemg made
and whether or not there are pendmg or approved
Code amendments wInch would SIgnificantly af-
fect the project The community development board
may approve one addItional extenSIOn of bme
after the communIty development coordmator's
extensIOn to Imtlate a buildmg pernnt applIca-
tIOn Such extensIOn shall not exceed one year,
shall be for the project ongmally approved and
shall be for good cause shown and documented III
wntmg The commumty development board must
receive the request for tills extensIOn WIthm the
one-year penod of vahrnty after the ongmal ex-
tensIOn approved by the commumty development
co'ordmator Good causes may mclude but are not
hmlted to an unexpected natIOnal cnSlS (acts of
war, sIgmficant downturn m the natlOnal econ-
omy, etc ), excessIve weather-related delay..&. and
the hke In the everit a project IS governed by a
development agreement, the tlmeframes estab-
lIshed ill the agreement shall supercede these
reqwrements The commumty development board
may also consider whether sIgmficant progress on
the project IS bemg made and whether or not
there are pendmg or approved Code amendments
whIch would sIgIlLficantly affect the project Amend-
ments wmch WIll reqUIre no or mmor amend-
ments (as prOVIded by sechon 4-406 A) may be
approved Amendments whIch Will reqmre a ma-
jor reVISion to the subject project shall be reqUITed
to be approved as part of a new Level Two
apphcatlOn Transfer of development nghts are
exempt from tIns proViSIOn
(Ord No 6526-00, ~ 1,6-15-00, Ord No 7106-03,
9 23,9-18-03)
DIVISION 5 APPEALS
Section 4-501. Authority and purpose.
A The commurnty development board has the
authoflty to hear appeals from
1 Admlmstrabve mterpretatIOns of thIS de-
velopment code
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