DVA2005-00002 WITHDRAWN
DV A2005-00002
CARLOUEL YACHT
CLUB
1091 ELDORADO
AVENUE
WITHDRA WN
e
e
~ Clearwater
-~
u~
Planning Department
100 South Myrtle Avenue
Clearwater, Florida 33756
Telephone: 727-562-4567
Fax: 727-562-4865
CASE #:
DATE RECEIVED:
RECEIVED BY (staff initials):
ATLAS PAGE #:
ZONING DISTRICT:
LAND USE CLASSIFICATION:,
ZONING & LAND USE CLASSIFICATION OF
ADJACENT PROPERTIES:
NORTH:
SOUTH:
WEST:
EAST:
o SUBMIT ORIGINAL SIGNED AND NOTARIZED APPLICATION
o SUBMIT 12 COPIES OF THE ORIGINAL APPLICATION including folded site plans
c::.a
o SUBMIT APPLICATION FEE $ 500-
DEVELOPMENT A~~~~2~NT APPLICATIONORIGINAL
-PLEASE TYPE OR PRINT-
A. APPLICANT, PROPERTY OWNER AND AGENT INFORMATION: (Section 4-202.A)
APPLICANT NAME:
HARRY S. CLINE, ESQ.
MAILING ADDRESS:
Post Office 1669,
Clearwater, FL 33767
PHONE NUMBER: (727) 441-8966
FAX NUMBER:
(727) 442-8470
CELL NUMBER: EMAIL ADDRESS:
PROPERTY OWNER(S): CARLOUEL YACHT CLUB, INC.
(Must include ALL owners)
AGENT NAME: HARRY S. CLINE , ESQ.
MAILING ADDRESS: Post Office Box 1669, Clearwater FL 33757
PHONE NUMBER: (727) 441-8966 FAX NUMBER: (7/7) 442-8470
B. PROPOSED DEVELOPMENT INFORMATION:
STREET ADDRESS:
none; vacant land with no address provided
LEGAL DESCRIPTION:
see attacnpo
PARCEL NUMBER:
05-29-15-54666-070-0120
PARCEL SIZE: Approximately 4,000/sq.ft., involving a finis~igg kitchen,
(acres, square feet) dining room and bar.
PROPOSED USE AND SIZE: Approximately 4 ,0001 sq. ft.. involvi\lg q fini !'lnine ki rrnpT1,
(number of dwelling units, hotel rooms or square footage of nonresidential use) dining room and bar.
DESCRIPTION OF ANY RELATED REQUEST(S):
Applicant has simulnaneously filed zoning and land ll!'l~ plRT1 RmpT1dments.
(approval of a developmentinclude all requested code deviations; e.g. reduction in required number of parking spaces, specific use, etc.)
DOES THIS APPLICATION INVOLVE THE TRANSFER OF DEVELOPMENT RIGHTS (TOR), A PREVIOUSLY APPROVED PLANNED UNIT
DEVELOPMENT, OR A PREVIOUSLY APPROVED (CERTIFIED) SITE PLAN? YES _ NO ~ (if yes, attach a copy of the applicable
documents)
Page 1 of 5 - Development Agreement Application - City of Clearwater
e
.
~ B.2 DEVELOPMENT AGREEMENTS SUPPLEMENTAL SUBMITTAL REQUIREMENTS: (Section 4-606.B)
An application for approval of a development agreement shall be accompanied by the following (use separate sheets or include in a formal report):
o STATEMENT OF THE REQUESTED DURATION OF THE DEVELOPMENT AGREEMENT,WHICH SHALL NOT EXCEED TEN YEARS
o DESCRIPTION OF ALL EXISTING AND PROPOSED PUBLIC FACILITIES AND SERVICES THAT SERVE OR WILL SERVE THE
DEVELOPMENT;
o DESCRIPTION OF THE USES QESIRED TO BE PERMITTED ON THE LAND, INCLUDING POPULATION DENSITIES AND BUILDING
INTENSITIES AND HEIGHTS;
o INDENTIFICATION OF ZONING DISTRICT CHANGES, CODE AMENDMENTS THAT WILL BE REQUIRED IF THE PROPOSED
DEVELOPMENT PROPOSAL WERE TO BE APPROVED;
o ZONING AND LAND USE CATEGORIES OF ALL ADJOINING PROPERTIES;
o COMPLETE NAMES AND ADDRESSES OF ALL OWNERS OR PROPERTIES ABUTTING OR LYING WITHIN 200 FEET OF THE SUBJECT
PROPERTY AS CURRENTLY LISTED IN THE COUNTY RECORDS AS OF ONE WEEK PRIOR TO THE FILING OF AN APPLICATION.
C. PROOF OF OWNERSHIP: (Section 4-202.A)
o SUBMIT A COPY OF THE TITLE OR DEED TO THE PROPERTY OR PROVIDE OWNER SIGNATURE ON PAGE OF THIS APPLICATION
D. WRITTEN SUBMITTAL REQUIREMENTS: (Section 4-606.G)
RECEIVED
o Provide the following contents to the development agreement, as follows:
Contents. The approved development agreement shall contain, at a minimum, the following information:
a. A legal description of the land subject to the development agreement.
FEB 2 3 2005
PlANNING DEPARTMENT
CITY OF CLEARWATER
b. The names of all persons having legal or equitable ownership of the land.
c. The duration of the development agreement, which shall not exceed ten years.
d. The development uses proposed for the land, including population densities, building intensities and building height.
e. A description of the public facilities and services that will serve the development, including who shall provide such public facilities and services; t e
date any new public facilities and services, if needed, will be constructed; who shall bear the expense of construction of any new public faciliti s
and services; and a schedule to assure that the public facilities and services are available concurrent with the impacts of the development. T e
development agreement shall provide for a cashier's check, a payment and perforrnance bond or letter of credit in the amount of 115 percent f
the estimated cost of the public facilities and services, to be deposited with the city to secure construction of any new public facilities and servic s
required to be constructed by the development agreement. The development agreement shall provide that such construction shall be complet d
prior to the issuance of any certificate of occupancy.
f. A description of any reservation or dedication of land for public purposes.
g. A description of all local development approvals approved or needed to be approved for the development.
h. A finding that the development approvals as proposed is consistent with the comprehensive plan and the community development cod
Additionally, a finding that the requirements for concurrency as set forth in Article 4 Division 10 of these regulations have been satisfied.
i. A description of any conditions, terms, restrictions or other requirements determined to be necessary by the city commission for the public healt ,
safety or welfare of the citizens of the City of Clearwater. Such conditions, terms, restrictions or other requirements may be supplemental 0
requirements in existing codes or ordinances of the city.
j. A statement indicating that the failure of the development agreement to address a particular permit, condition, term or restriction shall not relie e
the developer of the necessity of complying with the law governing said permitting requirements, conditions, terms or restrictions.
k. The development agreement may provide, in the discretion of the City Commission, that the entire development or any phase thereof t e
commenced or be completed within a specific period of time. The development agreement may provide for liquidated damages, the denial of futu e
development approvals, the termination of the development agreement, or the withholding of certificates of occupancy for the failure of tt e
developer to comply with any such deadline.
I. A statement that the burdens of the development agreement shall be binding upon, and the benefits of the development agreement shall inure t ,
all successors in interest to the parties to the development agreernent.
m. All development agreements shall specifically state that subsequently adopted ordinances and codes of the city which are of general application
not governing the development of land shall be applicable to the lands subject to the development agreement, and that such modifications a e
specifically anticipated in the development agreement.
Page 2 of 5 - Development Agreement Application - City of Clearwater
e
.
ORIGiNAL
E. SUPPLEMENTAL SUBMITTAL REQUIREMENTS: (Section 4-202.A)
o SIGNED AND SEALED SURVEY (including legal description of property) - One original and 12 copies;
o COPY OF RECORDED PLAT, as applicable;
o PRELIMINARY PLAT, as required;
o LOCATION MAP OF THE PROPERTY.
o TREE SURVEY (including existing trees on site and within 25' of the adjacent site, by species, size (DBH 4" or greater), and location,
including drip lines.)
o GRADING PLAN, as applicable;
F. SITE PLAN SUBMITTAL REQUIREMENTS: (Section 4-202.A)
o
SITE PLAN with the following information (not to exceed 24" x 36"):
All dimensions;
North arrow;
Engineering bar scale (minimum scale one inch equals 50 feet), and date prepared;
Location map;
Index sheet referencing individual sheets included in package;
Footprint and size of all buildings and structures;
All required setbacks;
All existing and proposed points of access;
All required sight triangles;
Identification of environmentally unique areas, such as watercourses, wetlands, tree masses, and specimen
trees, including description and location of understory, ground cover vegetation and wildlife habitats, etc;
Location of all public and private easements;
Location of all street rights-of-way within and adjacent to the site;
Location of existing public and private utilities, including fire hydrants, storm and sanitary sewer lines, manholes and lift stations, gas
and water lines;
All parking spaces, driveways, loading areas and vehicular use areas;
Depiction by shading or crosshatching of all required parking lot interior landscaped areas;
Location of all refuse collection facilities and all required screening (min. 10'x12' clear space);
Location of all landscape material;
Location of all onsite and offsite storm-water management facilities;
Location of all outdoor lighting fixtures; and
Location of all existing and proposed sidewalks.
o
SITE DATA TABLE for existing, required, and proposed development. in written/tabular form:
Land area in square feet and acres;
Number of dwelling units proposed;
Gross floor area devoted to each use;
Parking spaces: total number, presented in tabular form with the number of required spaces;
Total paved area, including all paved parking spaces and driveways, expressed in square feet and percentage of the paved vehicular area;
Size and species of all landscape material;
Official records book and page numbers of all existing utility easement;
Building and structure heights RECE
Impermeable surface ratio (I.S.R.); and I'/E
Floor area ratio (FAR.) for all nonresidential uses. V I
REDUCED SITE PLAN to scale (8 Y2 X 11) and color rendering if possible;
o
FFB 2 3 2005
o
FOR DEVELOPMENTS OVER ONE ACRE, provide the following additional information on site plan:
One-foot contours or spot elevations on site;
Offsite elevations if required to evaluate the proposed stormwater management for the parcel;
All open space areas;
Location of all earth or water retaining walls and earth berms;
Lot lines and building lines (dimensioned);
Streets and drives (dimensioned);
Building and structural setbacks (dimensioned);
Structural overhangs;
Tree Inventory; prepared by a "certified arborist", of all trees 8" DBH or greater, reflecting size, canopy (drip lines) and condition of such trees.
PLANNING DEPARTMEN
CITY OF CLEARWATER
Page 3 of 5 - Development Agreement Application - City of Clearwater
e
.
. G. LANDSCAPING PLAN SUBMITTAL REQUIREMENTS: (Section 4-1102.A)
o
LANDSCAPE PLAN:
All existing and proposed structures;
Names of abutting streets;
Drainage and retention areas including swales, side slopes and bottom elevations;
Delineation and dimensions of all required perimeter landscape buffers;
Sight visibility triangles;
Delineation and dimensions of all parking areas including landscaping islands and curbing;
Proposed and required parking spaces;
Existing trees on-site and immediately adjacent to the site, by species, size and locations, including dripline;
Location, size, description, specifications and quantities of all existing and proposed landscape materials, including botanical and
common names;
Typical planting details for trees, palms, shrubs and ground cover plants including instructions, soil mixes, backfilling, mulching and
protective measures;
Interior landscaping areas hatched and/or shaded and labeled and interior landscape coverage, expressing in both square feet and
percentage covered;
Conditions of a previous development approval (e.g. conditions imposed by the Community Development Board);
Irrigation notes.
o
REDUCED LANDSCAPE PLAN to scale (8 % X 11) (color rendering if possible);
RECEIVED
o
IRRIGATION PLAN (required for level two and three approval);
FER 2 3 2005
PlANNING DEPARTMENT
o
COMPREHENSIVE LANDSCAPE PROGRAM application, as applicable.
H. BUILDING ELEVATION PLAN SUBMITTAL REQUIREMENTS: (Section 4-202.A.23)
Required in the event the application includes a development where design standards are in issue (e.g. Tourist and Downtown Districts) or as part
of a Comprehensive Infill Redevelopment Project or a Residentiallnfill Project.
o BUILDING ELEVATION DRAWINGS - all sides of all buildings including height dimensions, colors and materials;
o REDUCED BUILDING ELEVATIONS - four sides of building with colors and materials to scale (8 % X 11) (black and white and color rendering, if
possible) as required.
I. SIGNAGE: (Division 19. SIGNS I Section 3-1806)
o Reduced signage proposal (8 Y2 X 11) (color), if submitting Comprehensive Sign Program application.
o Comprehensive Sign Program application, as applicable (separate application and fee required).
J. TRAFFIC IMPACT STUDY: (Section 4-801.C)
o Include as required if proposed development will degrade the acceptable level of service for any roadway as adopted in the Comprehensive Plan.
Trip generation shall be based on the most recent edition of the Institute of Transportation Engineer's Trip General Manual. Refer to Section 4-801
C of the Community Development Code for exceptions to this requirement.
K. SIGNATURE:
I, the undersigned, acknowledge that all representations made in this
application are true and accurate to the best of my knowledge and
authorize City representatives to visit and photograph the property
described in this application.
STATE OF FLORIDA, COUNTY OF PINELLAS .
Sworn to and subscribed before me this 2.3r< day of
Februaa ,A.D. 2005 to me and/or by
R.o~ M. Th~ V~ who is personally known has
produced as
identification.
,j... ,./--
, ,----- - ",
Signature of property owner or representative
1\
Notary pub' , i
My com miss expire~'~ Harry 5 Chne
. "J . My CommiSSIon D0293884
'\'1;.1 Expires Apr~ 09, 2008
Page 4 of 5 - Development Agreement Application - City of Clearwater
e
.
L. AFFIDAVIT TO AUTHORIZE AGENT:
~
CARLOUEL YACHT CLUB, INC.
(Narnes of all property owners)
1. That (I am/we are) the owner(s) and record title holder(s) of the following described property (address or general location):
1091 Eldorado Avenue Clearwater FL 33767
2. That this property constitutes the property for which a request for a: (describe request)
3. That the undersigned (has~) appointed and (doestao) appoint:
as (his/their) agent(s) to execute any petitions or other documents necess to aff ct such petition; 0-
4. That this affidavit has been executed to induce the City of Clearwater lorida to cons er a t on the above described property;
representatives to visit and photograph the property described in t application;
6. That (I/we), the undersigned authority, hereby certify th the foregoing is tr corre
COUNTY OF PINELLAS
Property Owner
Property Owner
STATE OF FLORIDA,
Before me the undersigned, an office uly commissioned by the laws of the State of Florida, on this
1" p h rn::l ry . ? 00') perso lIy appeared
Deposes and says that he/she f understands the contents of the affidavit that he/she signed.
day of
who having been first duly sworn
/'
Notary Public
My Commission Expires:
RECEIVED
S:IPlanning DepartmentlApplication Formsldevelopment reviewldevelopment agreement application3.doc
FEB 2 3 2005
PlANNING DEPARTMENT
CITV OF CLEARWATER
Page 5 of 5 - Development Agreement Application - City of Clearwater
e
.
ORIGINAL
DESCRIPTION
LOT T'JEL VE (12), THIRTEEN (13), AND THE NORTHERLY 1/2 OF' LOT ELEVEN (11),
TOGETHER VITH ALL RIPARIAN AND VATER RIGHTS LYING ADJACENT TO DR CONNECTED
THEREVITH, IN BLOCK SEVENTY (70), OF' MANDALAY SUBDIVISION, ACCORDING TO THE
MAP DR PLAT THEREOF', AS RECORDED IN PLAT BOOK 1<4, PAGES 32 TO 35 INCLUSIVE,
OF' THE PUBLIC RECORDS OF' PINELLAS COUNTY, F'LORIDA.
AND
THAT PORTION OF' RIPARIAN AND VATER RIGHTS LYING BETVEEN THE VESTERL Y LINE
OF' SAID BLOCK 70 AND THE COASTAL CONSTRUCTION CONTROL LINE, (AS ESTABLISHED
BY THE F'LORIDA DEPARTMENT OF' NATURAL RESOURCES), BEING MORE PARTICULARLY
DESCRIBED AS F'OLLO'JS.
,
F'ROM THE NORTH'JESTERL Y CORNER OF' LOT 13, BLOCK SEVENTY (70), OF' SAID
MANDALAY SUBDIVISION, THENCE RUN S 78-00'00. W, ALONG THE 'JESTERL Y EXTENTICN
OF' THE NORTHERLY LINE OF' SAID leT 13, A DISTANCE OF' 22.8<4' TO AN INTERSECTION
'JITH THE COASTAL CONSTRUCTION CONTROL LINEJ THENCE S 10-30'02. E, CS 07-12'56. E
- DEED), A DISTANCE OF' 1<49.81' ALONG SAID LINE TO A PDINTJ THENCE N 78.00'00. E,
A DISTANCE OF' 26.76' TO AN INTERSECTION 'JITH THE 'JESTERL Y LINE OF' SAID BLOCK
70J THENCE ALONG SAID LINE N 12.00'00. 'vi, A DISTANCE OF' 149.76', (150.0'-PLAn, TO
THE PDINT OF' BEGINNING. CONTAINING 3713.9 SQUARE F'EET (MORE OR LESS)
RECEIVED
FEB 2 3 2005
PlANNING DEPARTMENT
CITV OF CLEARWATER
\
,
\
,
\
6""'-
"POI'''- _//"1/-:::~.t-
0>"" if .. ..~~.//-' ..::./..-\ - - ,
~"""" .._"--.O'!") ..-..-' , \
./.-/:::..-.-:.:;;;;;-~'- \ '
r';;;:';';;o..O>"" if \
. \
\ !I \
\ ~" \
\ f \
\ ~~ ~
\ ,,'" .
, .0. :,
\
\
\
\
\
\
,
\
~~
A.... \
O _A \ (.,_)'0
..., ..~...' (C,)
U " \
..,~ \
11: \\
.~ '\
\
\
,
\
,
\
,
\
~'q
ORIGINAL \~
\
,
\
I
RECE\VED
FEB 2 3 lOOS
pU\NN\NG DEPARlMENl
C\1V Of CLEARWA1ER
)-
I
.....
e
.
---
MANDALAY POINT
I'"B Xl, f'6. bb
ir
<?~:~
\-~-
~~
r:f ,0
V
n
i~
PHPU ~~~~ ~q~~ I
~I~~~~f~ i~~~ ~~~i~
;i:illi~ ~i~! !~:~~
jl~~ii~i i~;' II~~~
~~l~~:I~ I~I ~l;l!
II Ii;!!! :11 !i~f!
~~~l~>~~ lit~~'<~'
ii~~jlij~ II~ ~~!II
~!Ii~~ii !~il i~iis
l~i~3:~~ l! 5~~;
~~~!Qli& ~~~ R~~~
i~l~~I~Q iil ~i~~
~~!i!il ~;i ~~I~
. ~ -<~hij
.-.DDITIOHS TO
CARL.OUE1..,,,..., .,... AGHT GUJB
...-0, EL..I::IOI'U\DO AVENUE
~T1:R. F~A
PLlSKO ARCHITECTURE, P.A AlA
100 DREW STRHET ClEARWATER-I,i 331"
727.-461.0030721-...2-720(1 FAX n7-H7-6!i11"
Dj
t.
04
CJfr
.,,'f:
1/
.~
OR\G\NAL
e
.
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
i I
~ I
II
I
04't2' (+I-)TO~HI6H"""'reptaev.
I'
U
5~
'-J~
:'
l;u__u"u__.iJ]:i;[j ~
~ ~\t- d
& ..
I
~ I
~ I
. I
>
Q I
o I
> I
~ I
~ I
N I
I
~ I
i I
i :
< I
I
I
~ I
~ I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
-1>~
II
<4'tl (+1-) TO MeJrH HI6H.......l19Il ~ / I
I~ II
II
II
al~ 0 1lI
~12 . iiI
il~ "- ~)II(j\
Q "" ~~q~P i E"
i,2 ~ "115>- 5 -r. \:1>-
Gt'
~U ~b ~ {!l\ll'~
~,i "" :-:1Id
~ (0-<:0" ~ ~!J'Iw
I~ ~ . iJlg >-).0 r: . ~ril:O
)II;" ;";.."
. . Ql .)11
I 11 :', ~ ,',~ g ril"-
~ 0'0 -05 ~@
b>~ ~$ :..
I III ' ~ ~ ~ ~;
, ~~ ~~:_~~
~ l:: ~ ./> . 1fI_
".<1
I :.. b> :.. ~ " "11
0> 1fI 0> 0> o>!l'
I :: :0 :: II: "11
' ,. !l'
0 0
I b> $
w
RECEIVED
FEB 2 3 2005
PLANNING DEPARTMENT
CITY OF CLEARWATER
DRE, P.A. AlA
PLISKOARC!!lryl<i;IRwATER. FI 33'"
&00 DREW STRE FAX 727-447-6914
m_HI_0030 721-442.7200
il~~
~ Q
~ UI
AlcxPlilko.Jr. -
ADDlTlONS TO
, Ac"" I ...... d:1 ..,.. AGHT GUJB
~...... "VENUE
10cn ~1..OFtID"
GI..EARI'Yi I~.
e .
I
I
I
t
I
t~ I
I
I
I
I
o~ I
I
CJ: z I
~ I
I
.:;: I
, I
~ I
II I
! I
I
I
I
I
I
I
.R I
~g I
I
~~ t
I I
~ I
. I
~ ~ I
~ ~ I
OR\G\NAL ~ I
a I
Q I
> I
~ !
~ I
n I
I
M a I
. I
f :
~ I
I
I
I
I
I
t
I
t
I
I
I
N '6000'00' e (p) (M) 15,54' I
II I
I~ II I
II I
~I~ II I
II I
jl~ Q U\ I
Q'~ ~ I
~
Iii & \J
~, -n
I~ 8 RECEIVED
JI
I ~ 11
~
I ~
I !~ FER 2 3 2005
I
I PLANNING DEPARTMENT
I CITY OF CLEARWATER
ADDfT10NS TO
GARL.OUEI.. ..,.. ACHT GLUB
1oq1 ~ "VENUE
GI..EARJI'lA Tl':R. FLORID"
PLISKO ARCHITECTURE, P.A. AlA
800 DREW STREET CLEARWATER, Fl. 337"
W-UI-OOlO m.442.7200 FAX 727.....7.6914
D~ ·
--. ~
~ ..
Q..!
04
u"
....
,., ,-
tIIf
CII.
me
e
e
Q a
OR\G\NAL ~ ~
-i
Q ij]
R Q "
~
rn d
u Iii
. <
~
~
ADDITIONS TO
CARL.OUEI.- YACHT GUJB
1oc:n EU:1OFtADO AVI:NlJf:
~~.~A
j'
RECEIVED
FFR 2 3 2005
PLANNING DEPARTMENT
CI1V OF CLEARWATER
~
~ ...
6
U1
PLlSKO ARCHITECTURE. P.A. AlA
100 DREW STREET CLEARWATER, FL 33755
n7.461-o030 727--442.7200 FAX 727.447.6914
A1cx P1itL:o, Jr.
to!
0.0
""
.,.,~
":
:C(
OR\G\NAL
~
Q lP
G
rn
"-
rn
r
~
~
o
z
e
ADDITIONS TO
CARL.OUEL.. ..,.. AGHT GLUB
10cn ~ AVENUE
~TER. FLORIDA
DD.'"
,_,.1_, PLISKOARCHITECTURE, P.A. AlA ~ ~ ~
,.,.1., 800 DREW STREET CLEARWATER., FL 337SS S ~ ~
,.,.1., 721-461.0030 m.442.72oo FAX 721.441.6914 . ~ \II
AluxPli.k.o,.tr
.
q Z
~ ~
Q ~
W
G
rn
"-
rn
~ ~
()
Z
FER 2 3 2005
PlANNING DEPARTMENT
CITY OF CLEARWATER
e
e
MACFARLANE FERGUSON & McMuLLEN
ATTORNEYS AND COUNSELORS AT LAW
1501 SOUTH FLORIDA AVENUE
ONE TAMPA CITY CENTER, SUITE 2000
201 NORTH FRANKLIN STREET
625 COURT STREET
P. O. BOX 1669 (ZIP 33757)
LAKELAND, FLORIDA 33803
(863) 680-9908 FAX (863) 683.2849
P.O. BOX 1531 (ZIP 33601)
CLEARWATER, FLORIDA 33756
(727) 441-8966 FAX (727) 442-8470
TAMPA, FLORIDA 33602
(813) 273-4200 FAX (813) 273-4396
IN REPLY REFER TO:
www.mfmlegal.com
EMAIL.info@mfmlegal.com
February 23, 2005
Clearwater
ORIGINAL
City of Clearwater
State of Florida
CERTIFICATE OF TITLE
The undersigned, HARRY S. CLINE, a licensed attorney at law,
does hereby certify that as of the date of this certificate
that fee
simple title to the property described in o. R. Book 1078, page 104,
public records of Pinellas County, Florida, which property is described
in the attached Exhibit "A", is presently vested in CARLOUEL YACHT CLUB,
INC. ,
a Florida corporation. iJ
./} -3 ('(.7
EXECUTED this~' day of February,
2005.
MACFARLANE FERGUSON & McMULLEN
\~~
H~' S. Cline
By:
RECEIVED
h: \data\aty\hsc\cy c\certi fi catetitl e. doc
r:r.R ? 3 2005
PlANNING DEPARTMENT
cnv OF CLEARWATER
e
e
ORIGINAL
DESCRIPTItlN
LOT T'w'EL VE (12), THIRTEEN (13), AND THE NORTHERLY 1/2 Of' LOT ELEVEN (11),
TOGETHER 'w'ITH ALL RIPARIAN AND 'w'ATER RIGHTS LYING ADJACENT TO DR CONNECTED
THERE'w'ITH, IN BLOC\( SEVENTY (70), Of' MANDALAY SUBDIVISION, ACCORDING TO THE
MAP DR PLAT THEREOf', AS RECORDED IN PLAT BOOK 14, PAGES 32 T[J 35 INCLUSIVE,
Of' THE PUBLIC RECORDS Of' PINELLAS COUNTY, f'LORIDA.
AND
THAT PORTION Of' RIPARIAN AND 'w'ATER RIGHTS LYING BE:T'w'EEN THE 'w'ESTERL Y LINE
Of' SAID BLOCK 70 AND THE COASTAL CONSTRUCTION CONTROL LINE, (AS ESTABLISHED
BY THE f'LORIDA DEPARTMENT Of' NATURAL RESDURCES), BEING MORE PARTICULARLY
DESCRIBED AS f'OLLO'w'S.
,
F'ROM THE NORTH'w'ESTERL Y CORNER OF" LOT 13, BLOC\( SEVENTY (0), OF' SAID
MANDALAY SUBDIVISICN, THENCE RUN S 78-00'00. 'w', ALONG THE 'w'ESTERL Y EXTENTION
OF' THE NORTHERLY LINE OF' SAID LOT 13, A DISTANCE OF' 22.84' TO AN INTERSECTION
'WITH THE COASTAL CONSTRUCTION CONTRIJL LINEJ THENCE S 10-30'02. E, CS 07-12'56. E
- DEED), A DISTANCE OF" 149.81' ALONG SAID LINE TO A POINTJ THENCE N 78-00'00. E,
A DISTANCE OF' 26.76' TO AN INTERSECTION 'WITH THE "'ESTERLY LINE Of' SAID BLOC\(
70J THENCE ALONG SAID UNE N 12-00'00. 'w', A DISTANCE OF' 1~9.76', (150.0'-PLAn, TO
THE POINT OF' BEGINNING. CONTAINING 3713.9 SQUARE F'EET (MORE OR LESS)
RECEIVED
~f=q t' 3 2005
PLANNING DEPARTMENT
CITY OF CLEARWATER
CLWCoverSheet
e
e
DV A2005-00002
1091 ELDORADO AVE
Date Received: 02/24/2005
CARLOUELYACHTCORP
ZONING DISTRICT: I
LAND USE: INS
ATLAS PAGE: 227A
PLANNER OF RECORD: NOT ENTERED
,
tthorization For DiSburseml
Date:2/13/2006
Time:9:23 AM
Vendor/Payee name: MacFarlane, Ferguson & McMullen
2nd line vendor/payee name: 201 N Franlkin Street
Remit to: Street / PO Box Tampa, FI 33602
Remit to: City, State, Zip Code
Purchase orders are required for payments in excess of $2,500.
Purchase Orders are required if prior year payments or expected payments have or will exceed $2,500.
P.O. NUMBER (if required) RELEASE # RECEIPT #
Provide a description or reason for this expense:
!Application withdrawn for Development Agreement for 1091 Eldorado Avenue, DVA2005-00002 per later
received from Harry Cline on Feb 2,2006. Refund $500.00.
If you are charging more than one account please
provide additional description for each account: CHARGE TO ACCOUNT # AMOUNT TO CHARGE
1" DV A2005-00002 010-341262 500.00
2 0.00
3 0.00
4 0.00
5 0.00
6 0.00
7 0.00
8 0.00
9 0.00
10 0.00
11 0.00
12 0.00
13 0.00
14 0.00
15 0.00
16 0.00
I Grand Total I $500.001
J. Full Signature J. of person authorized to sign Purchase Order Receiver Copy:
~e\dR - -
,
Print Name and Title of person signing -+ ~e; I TkoMDS07\ Uellc/oa~..d R'6.iJ. Ho r.
Print this form and attach the original document(s) that validate the am&unt you are requesting payment fot. Attach
any copies that must be sent with the check. Improperly completed forms will delay check request.
Please explain below if you are requesting the Finance Department not to mail check to the vendor.
Created by W.M. Tedder
City Clerk Document # 9821-0002
Keyed :
Refund for DV A2005-00002
Fees
.
Payment History
DV A2005-00002
Paid Date
Check #
Development Agreement Fee
$500.00 500.00 02124/2005 5331
Total Fees:
Total Paid:
Balance Due:
$500.00
~500.00
$0.00
.
Receipt #
1200500000000001275
Balance Due
$0.00
CasePaymentHistory
'-0 :::s 't:l 't:l = . e-
o .; 0 = .; ....;
~ 0 = ~ 0-
0 1l-. 1l-. 'iiJ
N 0 .... 0 0 .... = u
---- M 0 = 0 = OJ
M = = ~
...... ::l IF) If) ::l IF) If) u
---- IF) Q ~ C ~
N 5 5
00 < <
-; e;
c ...
't:l 0
E-o Cl.l E-<
5 ...
oa:; .... ...
Cl.l '" <5 =
.... Cl.l Q,l
.... ~ '" S
0 Cl.l .... C
z = ~ Cl) .....
~ 0... ~ .Q
.... c i:: ~ Cii
= ==
::l ...... .~
0
'" N c...
'"
< '-0 0-
N C1l
Cl.l ......
::l ~ Q)
= M .c
Cl.l I -
... 0 ....
Cl.l ...... 0
~ 0 Q)
Q E
z 0
5 ~ u
lJ) ... E :i
I:: 0
r--- = L..
M c Q) Q)
U a..c
~ -
Q m 0
L.. -
Q .-;.Een
Q _ C1l
Q 0 :E5-o
Q In Z 0::: .- Q)
Q = .... Wro~
Q = = u-
M ::l D.. .- 0
Q -- c ...... <(Q.c ......
Q ...,. '" M a.Q) 0
M '" M
Q -- < IF) I-m.o
lJ) M 0 c= 11)
OIl
Q = 11) Z m '- '"
Q Cl) L.. 3: p.,
~ ~ ~.E :J
M ...... 'i:: 0
~ In Q (l)a..>-
Q Cl)
E z -'- -0
:I:Q)c
=It: Cl) .:.: I- g C1l
Cl) =
.... bh '" .a L..-o
~ ~ ~ m Q)
.... .!Q 3:
Q) ......
U i:: Q)
Cl) en .-
Q) = E o(l .- >
~ C .L:(l)
; 0.. Z I- L..
l:l. 0 Q)
'i: ~ 0 .0
'" ;> CIl
'"
Cl.l 11) ;:J .~
A Q 0
~ c
~ 0
~ ~
Cl.l ~ .~
't:l ~ffi Q.
Q 0-
U C1l
= 2....1 .!Q
'" ~....1
.. .c
E-o ~;:J I-
.. u::S
Cl.l
>. ~u
'" ::S::S
1l-.
N
0
0
0
0
I
IF)
0
Q 0 't:l
Z N Q ~
Cl.l ~ ..= (.)
'" '" > .... Cl)
5 '" '" Cl.l ..s::
U Q ... :; u
Cl.l =
.... Q,l
.... S
Cl.l
= .....
~ ~
~
'MACF.!LANE FERGUSON & ~MULLEN
ATTORNEYS AND COUNSELORS AT LAW
LAKE LAND. FLORIDA 33803
ONE TAMPA CITY CENTER. SUITE 2000
201 NORTH FRANKLIN STREET
P.O. BOX 1531 <ZIP 33601)
(B63) 680-9908 FAX (863) 683-2849
TAMPA. FLORIDA 33602
1813) 27.3-4200 FAX (813) 27,3.4396
625 COURT STREET
P. O. BOX 1669 (ZIP 33757)
CLEARWATER. FLORIDA 33756
(727) 441-8966 FAX (727) 442-8470
1501 SOUTH FLORIDA AVENUE
IN REPLY REFER TO:
www.mfmlegal.com
EMAIL.info@mfmlegal.com
Clearwater
February 2, 2006
Wayne M. Wells, AICP
Planner III
CITY OF CLEARWATER
Post Office Box 4748
Clearwater, FL 33758-4748
Re: Case Nos. LUZ2005-02003/FLD2005-02022/DV A2005-00002
1091 Eldorado Avenue, Carlouel Yacht Club
Filing Date: February 23, 2005
Dear Mr. Wells:
Thank you for your letter of January 31, 2006 relative to the above.
At this point we would like to withdraw the applications, and please accept this letter as
our withdrawal request.
If you require further data for your files, please advise. If this letter is sufficient, please
return the application fees consistent with your letter of January 31.
Again, than you for your assistance in this regard.
Sincerely yours,
HSC/sp
cc: Carlouel Yacht Club
L (\1
\.. ~
Marry S. Cline
\
h:\datalaty\hsc\corresp.'06\wells re carlouel 020206 doc
.
.
MACFARLANE FERGUSON & McMuLLEN
ATTORNEYS AND COUNSELORS AT LAW
1501 SOUTH FLORIDA AVENUE
ONE TAMPA CITY CENTER, SUITE 2000
201 NORTH FRANKLIN STREET
625 COURT STREET
LAKELAND, FLORIDA 33803
P.O. BOX 1531 <ZIP 33601)
P. O. BOX 1669 (ZIP 33757)
CLEARWATER, FLORIDA 33756
(727) 441-8966 FAX (727) 442-8470
(863) 680-9908 FAX (863) 683-2849
TAMPA, FLORIDA 33602
(813) 273-4200 FAX <BI3) 273-4396
IN REPLY REFER TO:
www.mfmlegal.com
EMAIL info@mfmlegaLcom
Clearwater
February 2,2006
Wayne M. Wells, AICP
Planner III
CITY OF CLEARWATER
Post Office Box 4748
Clearwater, FL 33758-4748
Re: Case Nos. LUZ2005-02003/FLD2005-02022/DV A2005-00002
1091 Eldorado Avenue, Carlouel Yacht Club
Filing Date: February 23, 2005
Dear Mr. Wells:
Thank you for your letter of January 31, 2006 relative to the above.
At this point we would like to withdraw the applications, and please accept this letter as
our withdrawal request.
If you require further data for your files, please advise. If this letter is sufficient, please
return the application fees consistent with your letter of January 31.
Again, than you for your assistance in this regard.
Sincerely yours,
HSC/sp
cc: Carlouel Yacht Club
~,r\
\arry S. Cline
h:\data\aty\hsc\corresp. '06\wells re carloue1 020206.doc
.
.
C I T Y 0 F
CLEARWATER
PlANNING DEPARTMENT
POST OFFICE Box 4748, CLEARWATER, FLORlDA 33758-4748
MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756
TELEPHONE (727) 562-4567 FAX (727) 562-4865
LONG RANGE PLANNING
DEVELOPMENT REvIEW
January 31, 2006
Mr. Harry S. Cline, Esq.
Post Office Box 1669
Clearwater, FL 33757
Re: Case Nos. LUZ2005-02003/FLD2005-02022/DV A2005-00002
1091 Eldorado Avenue, Carloue1 Yacht Club
Dear Mr. Cline:
On February 23, 2005, the above referenced applications were filed with our office.
While the LUZ2005-02003 case was found to be complete, the other two cases were
found to be incomplete (FLD2005-02022/DVA2005-00002). You were given to March 7,
2005, to resubmit the incomplete information for these applications to make them
"complete" to stay on the same review schedule. Apparently there was some discussion
at that time with Marc Mariano to delay resubmittal for one month.
Time has elapsed approximately 10 months and there has been no resubmittal of
information to make these applications complete to proceed with the review process. We
would appreciate resubmitting information to make these applications "complete" by
noon on February 24, 2006. Alternately, it would be appropriate to submit a letter
withdrawing these applications from further review. Should you withdraw the
applications, we would refund the application fees submitted ($885 for the LUZ, $1205
for the FLD and $500 for the DV A).
Should you have any questions, feel free to contact me at 727-562-4504.
Sincerely,
tJ~N- M-~ kJ~
Waynd M. Wells, AICP
Planner III
S'\Planning Department\C D B\FLEX (FLD)\1ncompleteIEldorado 1091 Carlouel Yacht Club (1)- MAM\Eldorado 1091 Status Letter
/.31.06. doc
FRANK HIBI\ARIJ, MAYOR
BII.I.J01\:S01\:, VICE-MAYOR
Hon HAMII.TON, COIINCII.MEMIIER
*
.lOll1\: DORA1\:, C< }[ir.;UL\IC_1BER
CAI~I.E1\: A. PETERSEN, COJi1\:UI.\IE\IBER
"EQUAL EMPI.OYMENT AND AFFlI{MATIVE ACTION EMPI.OYER"
,
.
.
CARLOUEL YACHT CLUB. INC.
DV A 2005 - 00002 --1091 Eldorado Avenue
I Section 4 - 606.b:
1. Development Agreement duration: ten (10) years.
2. Existing/proposed public utilities I services - City
waterlsewer/gas/public access; all presently exist and are available to the site.
3. The sole use will be for Carlouel Yacht Club activities. The projected
square footage is approximately 4,000/sq.ft., in a single-story above parking, with a
projected height to the mid point of the roof of _ feet.
4. The zoning district will change from Low Density Residential to
Institutional, consistent with the Carlouel Yacht Club classification across the street,
which will also require a corresponding Land Use Plan Amendment.
5. The zoning and land use categories from:
Zoning:
Land Use:
Present: LDR
Present: ResidentiaVUrban
Requested: Institutional
Requested: Institutional
The zoning to the east is Institutional and the Land Use Plan is
6. The name and address of all owners within 200' of the property are:
(a) Evangelia Dushas, 1090 Eldorado Avenue, Clearwater, FL
33767
(b) Patrick & Kathy Beyer, 1100 Mandalay Point Road,
Clearwater, FL 33767
(c) Sally A. Spencer, 4 Baybrook Place, Clearwater, FL 33756
Property address: 1086 Eldorado Avenue, Clearwater, FL
33767
(d) Christian & Christine Woodruff, 1078 Eldorado Avenue,
Clearwater, FL 33767
(e) Timothy K. Mariani, Trustee, c/o Mariani Asphault Company,
1550 S. Highland Avenue, Clearwater, FL 33756
Property address: Block 70, Lot 8
.
.
(t) Barbara C. Mariani, 1076 Eldorado Avenue, Clearwater, FL
33767
(g) Elizabeth T. Reed, 1104 Mandalay Point Road, Clearwater,
FL 33767
7. Description of reservation/dedications: An easement for private
property owners living within the Carlouel gates, exists across the subject
properties, and will be maintained on the south section or portion of the site.
8. Zoning changes, City of Clearwater; Land Use Plan changes, City of
Clearwater, PPC and BCC; Development Agreement, City of Clearwater;
Development Agreements for building, City of Clearwater.
9. The proposed development, assuming the Land Use Plan and Zoning
changes are approved, will be in compliance with the comp plan and the
Community Development Code.
10. No conditions exist that relate to public health, safety or welfare
issues.
11. The failure of the Development Agreement to address particular
permit, condition, term or restriction shall not relieve the developer of the necessity
of complying with the law governing said permitting requirements, conditions,
terms or restrictions.
12. The Development Agreement shall be binding upon the heirs,
successors and assigns of the applicant.
h :\data\aty\hsc\cyc\appl ication.suppplcmcnt. doc
.
.
DEVELOPMENT AGREEMENT
THIS DEVELOPMENT AGREEMENT ("AGREEMENT") is dated , 2005,
effective as provided in Section 5 of this Agreement, and entered into between CARLOUEL
YACHT CLUB, INC., a Florida corporation, ("OWNER"), and the CITY OF
CLEARWATER, FLORIDA, a political subdivision of the State of Florida acting through its
City Council ("COUNCIL"), the governing body thereof ("CITY").
RE~IIA1.~:
A. Sections 163.3220 - 163.3243, Florida Statutes, which set forth the Florida Local
Government Development Agreement Act ("ACT"), authorize the CITY to enter into binding
development agreements with persons having a legal or equitable interest in real property located
within the corporate limits of the City.
B. Under Section 163.3223 of the ACT, the CITY has adopted Section 4-606 of the
City of Clearwater Community Development Code ("CODE"), establishing procedures and
requirements to consider and enter into development agreements.
C. OWNER owns approximately 20,488/sq.ft. of real property ("PROPERTY") located
in Clearwater, Florida, more particularly described on Exhibit "A" attached hereto and
incorporated herein.
D. OWNER desires to develop and use the Property for approximately 4,000/sq.ft. of
additional club space for Carlouel Yacht Club activities. The build-out will include a dining
room area, a bar area, a fInishing kitchen, parking and other improvements, all for the use and
benefIt of the existing Carlouel Yacht Club activities at 1019 Eldorado Avenue, Clearwater
Beach, Florida, which development shall generally conform to the concept plan ("CONCEPT
PLAN") shown on Exhibit "B" attached hereto and incorporated herein.
E. The PROPERTY currently has a land use designation of Residential Urban and is
zoned "LDR" in the City of Clearwater.
F. In order to use the PROPERTY for club purposes, OWNER has requested that the
CITY (i) rezone the PROPERTY "INSTITUTIONAL't, (ii) place a Land Use Designation of
"Institutional" on the PROPERTY, (iii) place a land use designation of 'InstitutionaP' on the
PROPERTY.
G. The CITY and OWNER have determined that it would be mutually benefIcial to
enter into a development agreement governing the matters set forth herein and have negotiated
this AGREEMENT in accordance with the CODE and the ACT.
H. The CITY has found that the terms of, and future development orders associated
with, this AGREEMENT are consistent with the City Comprehensive Plan and the CODE.
.
.
STATEMENT OF AGREEMENT
In consideration of and in reliance upon the premises, the mutual covenants contained
herein, and other good and valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, the parties hereto intending to be legally bound and in accordance with
the ACT, agree as follows:
SECTION 1. RECITALS
AGREEMENT.
The above recitals are true and correct and are a part of this
SECTION 2. INCORPORA TION OF THE ACT This AGREEMENT is entered into in compliance
with and under the authority of the CODE and the ACT, the terms of which as of the date of this
AGREEMENT are incorporated herein by this reference and made a part of this AGREEMENT.
Words used in this AGREEMENT without definition that are defmed in the ACT shall have the
same meaning in this AGREEMENT as in the ACT.
SECTION 3. PROPERTY SUBJECT TO THIS AGREEMENT
AGREEMENT.
The PROPERTY IS subject to this
SECTION 4. OWNERSHIP The PROPERTY is owned in fee simple by OWNER.
SECTION 5. EFFECTIVE DA TE/DURA TION OF THIS AGREEMENT
5.1 This AGREEMENT shall become effective as provided for by the ACT and shall be
contingent upon
5.1.1 Obtaining final approval of the said Land Use Plan Amendment and Zoning
Amendment and approval of the Concept Plan attached hereto.
5.2 This AGREEMENT shall continue in effect until terminated as defined herein but for a
period not to exceed ten (10) years.
SECTION 6. OBLlGA nONS UNDER THIS AGREEMENT
6.1 Obligations of the OWNER
6.1.1. Binding Obligations. The obligations under this AGREEMENT shall be binding
on OWNER, its successors or assigns.
6.1.2. Development Review Process. At the time of development of the PROPERTY,
OWNER will submit such applications and documentation as are required by law and shall
comply with the City's CODE applicable at the time of development review.
6.1.3. Development Restrictions, The following restrictions shall apply to
development of the PROPERTY:
2
.
.
6.1.3.1 The PROPERTY shall be developed substantially in conformance with the
CONCEPT PLAN.
6.1.3.2 The PROPERTY shall be used solely for the Car10uel Yacht Club, Inc.,
members, guests and invitees.
6.1.3.3 The use of sound amplification outside of the building shall be prohibited
after 10:00 p.m. and before 8:00 a.m.
6.1.3.4 Lighting on the PROPERTY shall be designed and directed in such a
manner that light does not intrude beyond the PROPERTY.
6.1.4 Recording of Deed Process Prior to issuance of the first building permit for the
PROPERTY, Owner shall record a deed restriction encumbering the PROPERTY, which deed
restriction shall be approved as to form by the City Attorney (which approval shall not be
unreasonably withheld) and which will generally describe the development limitations of this
AGREEMENT. The deed restriction shall be perpetual and may be amended or terminated only
with the consent of the CITY, which consent shall not be unreasonably withheld.
6.2. Obligations of the City
6.2.1 Concurrent with the approval of this AGREEMENT, the COUNCIL shall promptly
process amendments to the land use plan and zoning designation for the
PROPERTY as set forth in Recital F above, all in accordance with the CODE..
6.2,2 CITY will promptly process site and construction plan applications for the
PROPERTY that are consistent with the Comprehensive Plan and the CONCEPT
PLAN and that meet the requirements of the CODE.
6.2.3 The final effectiveness of the redesignations referenced in Section 6.2.1. is
subject to:
6.2.3.1 The provisions of Chapter 166 and 163, Florida Statutes, as they may
govern such amendments; and
6.2.3.2 The expiration of any appeal periods or, if an appeal is filed, at the
conclusion of such appeal.
SECTION 7. PUBLIC FACILITIES TO SERVICE DEVELOPMENT The following public
facilities are presently available to the PROPERTY from the sources indicated below.
Development of the PROPERTY will be governed by the concurrency ordinance provisions
applicable at the time of development approval. With respect to transportation, the concurrency
provisions for the proposed development have been met. There are no new public facilities
required to be constructed by the OWNER which would require a form of guarantee of payment.
3
.
e
7.1. Potable water is available from the CITY. The OWNER shall be responsible for all
necessary main extensions and applicable connection fees.
7.2. Sewer service is currently provided by the CITY. The OWNER shall be responsible for all
necessary main extensions and applicable connection fees.
7.3. Fire protection from the CITY.
7.4. Drainage facilities for the PROPERTY will be provided by OWNER.
SECTION 8. REQUIRED LOCAL GOVERNMENT PERMITS The required local government
development permits for development of the PROPERTY include, without limitation, the
following:
8.1. Site plan approval(s) and associated utility licenses and right-of-way utilization permits;
8.2. Construction plan approval(s);
8.3. Building permit(s); and
8.4. Certificate(s) of occupancy.
SECTION 9. CONSISTENCY The CITY finds that development of the PROPERTY consistent
with the terms of this AGREEMENT is consistent with the City Comprehensive Plan.
SECTION 10. TERMINATION
10.1. If OWNER'S obligations set forth in this AGREEMENT are not followed in a timely manner,
as determined by the City Manager, after notice to OWNER and an opportunity to be heard,
existing permits shall be administratively suspended and issuance of new permits suspended until
OWNER has fulfilled its obligations. Failure timely to fulfill its obligations may serve as a basis
for termination of this AGREEMENT by the CITY, at the discretion of the CITY and after notice to
OWNER and an opportunity for OWNER to be heard.
SECTION 11. OTHER TERMS AND CONDITIONS
11.1. Except in the case of termination, until ten (10) years after the date of this AGREEMENT,
the PROPERTY shall not be subject to downzoning, unit density reduction, or intensity reduction,
unless the CITY has held a public hearing and determined:
11.1.1 That substantial changes have occurred in pertinent conditions existing at the
time of approval of this AGREEMENT; or
11.1.2 This AGREEMENT is based on substantially inaccurate information provided by
OWNER; or
4
.
.
11.1.3 That the chan ge is essential to the public health, safety or welfare.
SECTION 12. COMPLIANCE WITH LA W The failure of this AGREEMENT to address any
particular permit, condition, term or restriction shall not relieve OWNER from the necessity of
complying with the law governing such permitting requirements, conditions, terms or
restrictions.
SECTION 13. NOTICES Notices and communications required or desired to be given under
this Agreement shall be given to the parties by hand delivery, by nationally recognized overnight
courier service such as Federal Express, or by certified mail, return receipt requested, addressed
as follows (copies as provided below shall be required for proper notice to be given):
If to OWNER:
Carlouel Yacht Club, Inc.
1091 Eldorado Avenue
Clearwater, FL 33757
With copy to:
Robert M. Thompson
If to CITY:
City Council of City of Clearwater
c/o City Manager
112 South Osceola Avenue
P. O. Box 4748
Clearwater, FL 33756
Properly addressed, postage prepaid, notices or communications shall be deemed
delivered and received on the day of hand delivery, the next business day after deposit with an
overnight courier service for next day delivery, or on the third (3 rd) day following deposit in the
United States mail, certified mail, return receipt requested. The parties may change the
addresses set forth above (including the addition of a mortgagee to receive copies of all notices),
by notice in accordance with this Section.
SECTION 14.
INTENTIONALL Y OMITTED.
SECTION 15. MINOR NON-COMPLIANCE OWNER will not be deemed to have failed to
comply with the terms of this AGREEMENT in the event such non-compliance, in the judgment of
the City Administrator, reasonably exercised, is of a minor or inconsequential nature.
SECTION 16. COVENANT OF COOPERATION The parties shall cooperate with and deal
with each other in good faith and assist each other in the performance of the provisions of this
AGREEMENT and in achieving the completion of development of the PROPERTY.
SECTION 17. ApPROVALS Whenever an approval or consent is required under or
contemplated by this AGREEMENT such approval or consent shall not be unreasonably withheld,
5
.
.
delayed or conditioned. All such approvals and consents shall be requested and granted in
writing.
SECTION 18. COMPLETION OF AGREEMENT Upon the completion of performance of this
AGREEMENT or its revocation or termination, a statement evidencing such completion, revocation
or termination shall be signed by the parties hereto and recorded in the official records of the
CITY.
SECTION 19. ENTIRE AGREEMENT This AGREEMENT (including any and all Exhibits
attached hereto all of which are a part of this AGREEMENT to the same extent as if such Exhibits
were set forth in full in the body of this AGREEMENT), constitutes the entire agreement between
the parties hereto pertaining to the subject matter hereof.
SECTION 20. CONSTRUCTION The titles, captions and section numbers in this
AGREEMENT are inserted for convenient reference only and do not define or limit the scope or
intent and should not be used in the interpretation of any section, subsection or provision of this
AGREEMENT. Whenever the context requires or permits, the singular shall include the plural, and
plural shall include the singular and any reference in this AGREEMENT to OWNER includes
OWNER'S successors or assigns. This AGREEMENT was the production of negotiations between
representatives for the CITY and OWNER and the language of the Agreement should be given its
plain and ordinary meaning and should not be construed against any party hereto. If any term or
provision of this AGREEMENT is susceptible to more than one interpretation, one or more of
which render it valid and enforceable, and one or more of which would render it invalid or
unenforceable, such term or provision shall be construed in a manner that would render it valid
and enforceable.
SECTION 21. PARTIAL INVALIDITY If any term or provision of this AGREEMENT or the
application thereof to any person or circumstance is declared invalid or unenforceable, the
remainder of this AGREEMENT, including any valid portion of the invalid term or provision and
the application of such invalid term or provision to circumstances other than those as to which it
is held invalid or unenforceable, shall not be affected thereby and shall with the remainder of this
AGREEMENT continue unmodified and in full force and effect. Notwithstanding the foregoing, if
such responsibilities of any party thereto to the extent that the purpose of this AGREEMENT or the
benefits sought to be received hereunder are frustrated, such party shall have the right to
terminate this AGREEMENT upon fifteen (15) days notice to the other parties.
SECTION 22. CODE AMENDMENTS Subsequently adopted ordinances and codes of the
CITY which are of general application not governing the development of land shall be applicable
to the PROPERTY, and such modifications are specifically anticipated in this AGREEMENT.
SECTION 23. GOVERNING LAW This AGREEMENT shall be governed by and construed in
accordance with the laws of the State of Florida without regard to the conflict of laws principles
of such state.
SECTION 24. COUNTERPARTS This AGREEMENT may be executed in counterparts, all
of which together shall continue one and the same instrument.
6
.
.
IN WITNESS WHEREOF, the parties have hereto executed this AGREEMENT the date and
year first above written.
WITNESSES:
CARLOUEL YACHT CLUB, INC.)
a Florida corporation
By:
Printed Name:
Printed Name:
CITY OF CLEARWATER, FLORIDA
By:
Printed Name:
Frank Hibbard, Mayor
Printed Name:
Attest:
Cynthia E. Goudeau, City Clerk
Approved as to Form:
Leslie Dougall-Sides, Asst. City Attorney
7
.
.
STATE OF FLORIDA )
CITY OF PINELLAS )
The foregoing instrument was acknowledged before me this _ day of
, 2005, by , as
of CARLOUEL YACHT CLUB, INC., a Florida corporation, on behalf of the corporation, who
o is personally known to me or who D produced as identification.
Notary Public
Print Name:
STATE OF FLORIDA )
CITY OF PINELLAS )
The foregoing instrument was acknowledged before me this _ day of
, 2005, by Frank Hibbard, as Mayor of the City of Clearwater, Florida, who 0
is personally known to me or who 0 produced identification.
Notary Public
Print Name:
8
o
. I i -..-.A
CITY OF CL~~R WATER
rwater PLANNING DEP AR TMENT
MUNICIPAL SERVICES BUILDING
100 SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756
TELEPHONE: (727) 562-4567 FAX: (727) 562-4576
WWW.MYCLEARWATER.COM
>-
'"""
o
March 03, 2005
Harry Cline
Po Box 1669
Clearwater, Fl 33757
RE: DV A2005-00002 -- 1091 ELDORADO AVE -- Letter of Incompleteness
Dear Harry Cline :
The Planning Staffhas entered your application into the Department's filing system and assigned the
case number: DV A2005-00002. After a preliminary review ofthe submitted documents, staff has
determined that the application is Incomplete with the following comments.
1. Provide Development agreements supplemental submittal requirements: (Section 4-606.B) An
application for approval of a development agreement shall be accompanied by the following
(use separate sheets or include in a formal report):
2. PROVIDE a statement of the requested duration of the development agreement, which shall
not exceed ten years.
3. Provide description of all existing and proposed public facilities and services that serve or will
serve the development
4. Provide description of the uses desired to be permitted on the land, includeing population
desensities and building intensities and heights.
5. Provide identification of zoning district changes, code amendments that will be required if the
proposed development proposal were to be approved
6. Provide zoning and land use categories of all adjoining properties
7. Provide complete names and addresses of all owners of properties abutting or lying within 200
feet of the subject property as currently listed in the county records as of one week prior to the
filing of an application
8. Provide "Written submittal requirements" from section "D" ofthe application
Section 4-202 of the Community Development Code states that if an application is deemed
incomplete, the deficiencies of the application shall be specified by Staff. No further development
review action shall be taken until the deficiencies are corrected and the application is deemed
complete. Please resubmit by Monday, March 7, 2005 (12:00 noon)
If you have any questions, please do not hesitate to contact me at 727-562-4626 or
Marc.Mariano@myclearwater.com.
Sincerely yours,
-'\ . " (~' .
\ ti ./\_v,-U-x L-~.L cl +L ---
~~c Mariano -'-'0'-
Consulting Planner
Letter of Incompleteness - DVA2005-00002 - 1091 ELDORADO A VE
e
/
l
e
=,EII[ I' 1'=. F EP,::::F T
Mar. 03 2005 05:05PM
YOUR LOGO
YOUR FAX NO.
Cit~OfClearwater-PIan Dept
727 562 4865
NO. OTHER FACSIMILE
01 94428470
START TIME USAGE TIME MODE PAGES RESULT
Mar. 03 05:04PM 01'36 SND 04 OK
TO Tl..R-I CFF REf'CRT, PRESS 'I"E'I.I' U04.
~ SELECT CFF BY USIt-6 '+' CR '-'.
FCR FAX ADU=Nri=6E ASSISTAU, PLEASE a:u. l--EOH-H.P-FAX (435-7329).
~onditions Associated Withe
DV A2005-00002
1091 ELDORADO AVE
John Schodtler
562-4604
03/03/2005 Provide Development agreements supplemental submittal requirements: (Section 4-606.8) An
application for approval of a development agreement shall be accompanied by the following (use
separate sheets or include in a formal report):
03/03/2005 PROVIDE a statement of the requested duration of the development agreement, which shall not
exceed ten years.
03/03/2005 Provide description of all existing and proposed public facilities and services that serve or will
serve the development
03/03/2005 Provide description of the uses desired to be permitted on the land, includeing population
desensities and building intensities and heights.
03/03/2005 Provide identification of zoning district changes, code amendments that will be required if the
proposed development proposal were to be approved
03/03/2005 Provide zoning and land use categories of all adjoining properties
03/03/2005 Provide complete names and addresses of all owners of properties abutting or lying within 200
feet of the subject property as currently listed in the county records as of one week prior to the
filing of an application
03/03/2005 Provide "Written submittal requirements" from section "D" of the application
Print Date: 03/03/2005
Page 1 of 1
Not Met
Not Met
Not Met
Not Met
Not Met
Not Met
Not Met
Not Met
CaseConditons
.. !
.'
.... .
.
. .
Community Response Team
Planning Oept. Cases - ORC
Mt\M
Case No.'o.Y/9~ ()n.x - ()c'Y'Jo:2 Meeting Date:
Location: /09/ L'/c/O,r-r-r(-jO" ~.LCJ
D Current Use: ~r /.0 Uc / Kc,c--/ C/t/..6
D Active Code Enforcement Case ~ yes:
D Address number (~) (no) (vacant land)
D Landscaping (~) (no)
D Overgrown (yes) (~
D Debris (yes) ~)
D Inoperative vehicle(s) (yes) ~
D Building(s) (gJ\5'd) (fair) (poor) (vacant land)
D Fencing (none) (g~) (dilapidated) (broken and/or missing pieces)
D Paint (good) ~r) (poor) (garish)
D Grass Parking (yes) ~)
D Residential Parking Violations (yes) (~
D Signage (none) ~ (not ok) (billboard)
D Parking (n/a) (S~d) (handicapped) (needs repaving)
D Dumpster (enc~d) (not enclosed)
D Outdoor storage (yes) ~
Comments/Status Report (attach any pertinent documents):
Date:3///hr Reviewed by~ 1.-L4.J: 8A'~ rTelephone: cStJ. ~ VXa
Revised 03-29-01; 02-04-03
.' .
~ .
. .
Case Number: DV A2005-00002 -- 1091 ELDORADO AVE
Owner(s)
Carlouel Yacht Corp
1091 Eldorado Ave
Clearwater, FI 33767
TELEPHONE: No Phone, FAX: No Fax, E-MAIL: No Email
Representative
Harry Cline
Po Box 1669
Clearwater, FI 33757
TELEPHONE: 727-441-8966, FAX: 727-442-8470, E-MAIL: hsc@cIw.macfar.com
Location:
Atlas Page: 227 A - Julie Phillips
Zoning District: I, Institutional
Request: SEE FLD2005-02022
Proposed Use:
Neighborhood
Association(s ):
Clearwater Neighborhoods Coalition
2544 Frisco Drive
Clearwater, FI 33761
TELEPHONE: 727-725-3345, FAX: No Fax, E-MAIL: Djw@gte.net
Presenter: Marc Mariano, Consulting Planner
Development Review Agenda - Thursday, March 3 I, 2005 - Page 6
e
C
LU
~
LU
~
.0::
-
~
-----~ - - ---
------
------
------
------
------
---
--
!I:
~
..J
W
::l
9
~
~
c
w
Ii:
IE
U
Z
w~
Lt"') :Eli
c;::) i~
c;::)
'" ~
CQ
C\l ~~
CQ ~()
UJ zu..
1....1- -0
Z~
iJ ~()
II)
(/.\
"/0)
~
"t
<::>,>.
~
?
~
ELtlORAllO ~ ~~
---- - ---
- ---- - ---
-'Jl
---- - ---- -
---- -
~:...
-;~\~--~
iJ
CI
~
~\
01
Go I ---
---
~ \1-- 60'
~ I I
So 16"
~ \ \~
li I ,~
\1 \1 ~~
e f'o i
IA 'b 1'\
~ I_,~
'" ,q, So
~ \~\~
, ,'r
, ,~
\ \\
I
,
\
~
VO
:>
\"'I p.. I: C 1-\ . tl \e'oO.QlI'
60'
~
'?-J
"t
~
~
0}
~
~
S 06'55'02" E
(hi)
"),
'6-;~
tCJ
t.'5' ~(.TAUHf'lG 'viALL
'.
OlD'
,.."
~
.'
g
.~
.;
'0 ..''Q.~ ...<<I~ q
~.. '.'\"
~'.,..l;y' .
!Ill.O'
\",n 00' to \49.!,6:"
~ -_::---
~
D..
:I:
rn
I
g
er
J.o)
c\l3,y,
. ~O,J
,~ qQ' ""'"
,,,, ci
~
\:---------
tl \e.QlI'OO' ..., ~
---= - - ;:;;...-
_ _ -l'u...rn:"D 1-01 I-I~
g
,
,
\
f.i
z
o
G
UJ
rn
lclO~ ",saS
-
o
*~
U
1Il
.
()
z
-
i'i ~15!;(
~ 1::6 w
~ :1 ~~ ~
~ g ~>' ~~ !E
b d~ ~~ g .,
~ ~l';: ot!j lil ; ~
~<\!!~ ~~ ~~!i~
~ ~G bl~ tl~d
wl!1i5 wo Ill'" Il.
~ :c! J!fi R ~ ili ~ i1l e ~
b2i:'iol"l5>- I-W~!!;!
....~~ili<5~~ ~Fl!I~
1:i~3b9,,~ Fglllffi
g~r;:~;f!i!~ ~~~~
o....lIlfi<:a;'" o~i58
5~w;\!!of'! w:J!;io
~i~~~ii~ ~a~~
~lil i5~13li1~11l ~j!;AA
oil tP-ll.lIli!; 1!I!ll",,,,
g:~I~~:!UJt- >-iJi~~
~~~b!c~~5 ~1i<1ll111
i1i~~\!!j!;li1i:'i! iil~~!E
F~:J:i:'i!!'~~'" !!!1Il!!!~
!!,~F2iliw olllFlIlbO
~~ ~~i ~m~il!l~UI
~iilo!l!oOP lllT~~
..:col .- Z 2 :J1lI~~
,.., ..,: iii cO"": aD
....
ffi
2
:J
~ !E~
III 152
.. Il.~
~ w lJI ~ wdi:'i
~~~>l~!!i?; ~~15
"Il.i'i~_o ...lIlot:J
8lizli:i!ii!:~~!11~~
~i\:",z-' i1i"i5~
!j!Oo-o::!i1i ,,~~
5Zafi~t:g:;~~::IE::IE
...~...~li!Illl;;15~1515
u u U (lJlILmQ..Q..
15~1l. II~~ II I n II II
...d~c:illgja I';~
a.....a....a....
..
C5
Z
~
~
:)
fit
~
Z
~
I
S
~.... A
~i5~~~
riil-'
!L~i5~~fil~
II u :i'OD..~G:
"...."
8ill~n"'" II
WC:::iUn...CLL
(C) ,49.81'
',~
,~ S "".", < lDl S ,.",.r <
COAS1 AI- COtlS1R\lC110tl COtl1ROl- I-ltlE
\
,
\
~
4t
~
'1
~
-II!
~
,
I
\
I
,
\
,
I
\
Q
g
o
~
I
I
\
s
.
,
I
~\
Q
I
e,
~\
~
't\
~\
0'
1-,
1\
N'
~,
\
,
,
\
~
t
li1
U
'"
W
r=l
ZZW .
B . w CJs~W~CJ
ati~~ ~B l=ti!!lo:ll-
a ~ I- t;; >- i.li >- E!~W~plll~
Z CJ::l ..... ..J _1-1Il" o~-,..,
~ CJ I-..J ii!..J lI' ~)(lI',,~:::::JlIl
> U l.:lli! ~ ~ ~ W~OCD~D..f:l
WlI'z.... ",I-::l u.>-Z"''' .I..J
..JCJl=:1I'l w"'U CJ..J....vzu."!
W ii11'1 > W l= .lI'Zw DOli'
I- gElD W '" ~ ~~<. ~waCJ
:ll-ul- ::c5D.. vf:lCJNZZ W
Z < ru I- >->I-P~~~~
15uWzl'I zwlli! I- :..lill->-~~
CJ wi!;CJ zWciJ' ..J(J'I
ru<....lIl w..J::IE: w::c.S~lI''''l-
~~~l:J >..Jl.:l >1-1\1 zw.-<w
<>< t;jCJZ ~l.:ll\llllElI-u.W
>- l.:l a D.. III ~ l;:l ~CJZ15wD..f:lCJU.
oIi!;~~< l.:lZIll ~ U > W
~ >- '" _ S i!; El " g~w~<[ ~lI'
I-..J :l/: lI' >- '" PI .li!::cg~~:5
H~~~ ~~~ ,/~':w~~~
W ~ ~ I- ~ ~ ti 5 :~a~~Ea~\
j! lI' 4: ~!Z ~ ii! 13 CJp<..Jr=l>4:r::
lI' ::IE: D.. ::l I;; lI' ..J CJl .El ~ Z j'l'I
~~15i!;El~el~~ u."l'lll'lIlS l.:l
4: ~ < I- U lI' CJ"'I-"'zl-~t;2~
. "r=l ~ 4: ::l 0: CJCJzw~z
ar=l~l!l..J >~~ ~~..JUCJlIlg<[ ,
v~v~~ ~I;;z 'lI'lI'r=lZ~eJN!Z '
WZZI->-u.... <CJ<u. Elw....CJ I-'-<CJ \
w<ZWD.. uCJ u<....;...z U
1-.... W lI' u. Z I- >-ZllltiD:1....z
lI'~>"'CJ !wz ..Jwu.::l(J'lZW
~ D.. W < ~ j! ~ eJj!CJ~:!;4:i!;
1-li111lL.:'~ D.. 1-_1- wlllu.CJ..J-
. ~ CJ lI' li1 r=lll' '" lIlZzzCJI-r=ll.:l
@:JuwCJ L ~ ~ ~ ~s~Bw~ft~zi!;
a<:leJ~ ~ w....'" --
w::C 1Il::c lI' CJ 0 r=l:J ~"">-..J~~1Ili!;
> I- z I- U z" CJ lI'>..J<<13l.:ll.:l
..J!:;:....I-'1 CJ~~u. CJaeJl;;1- ZW
w.... .<[ PI l= U li1 '" ZIIl::c<[~u.:l1ll
~ el E ~ ir 2l ~:l 4: ~j;l~Br=lCJ4:15
::c.... D.. u.r=ll->-CJ <[ww
I-l-w2lW r=l w <zw Uul-
CJ w lI' ::c ~ <[ w el ::IE:..Jw~"~zz
..Jl.:lWD..1- j!",j!el~~::C Ell-~I:l
g ::c < u. ._ >- '" u. Z I-::C I- W ~ I- D..
I-::IE:CJ CIIlW <u.....r::lr::l_W
r::l ::IE:CJ> I <~j!
AI'I'ROll''''A1E "'\I.... I-ltlE tEI-EV. 1.17 NG""D 1ge9)
'"
...
-<'\
~
\
f'o
'b
b
6
~
,
,
\
\
I
\
~
vo
:>
-----
\
,
,
\
,
I
\
,
,
\~
,Q
'e
\~
,~
I~
\~
'0
,'"
\'~
It
~
I
,
~ ~
l;:l >
..J <
>- I-
III ~
B ~
i.li l.:l
:i ui
III 0
< I
I- ...
'" 0
W cL
z 0
w z
llj CJ
~ ~ l:i
::c z z
w ::::) ~
Z ::E W
:J~~
El ~ j;l
lI' '"
I- c:I ~
~ i!; ~
U Z ..J
..J D CJ
< ;:: a..
I;; l;ij ~
~ f[ r::l
U ..J W
<[ ..J
W ~ ~
I- ..J ::IE:
~ l.:l El
\
I
I
\
,
I
\
GULf" Of" MEXICO
~l:ellas County Property APP'WrI nformation: 05 29 15 54666 070 o.
05 / 29 / 15 / 54666 / 070 / 0120
Page 2 of3
Z4-feb-Z005 JiM SMith, CFA Pinellas County Property Appraiser 10:5Z:59
Ownership InforMation I Uacant P rope rty Use and Sales
CARLOUEL YACHT CORP OBK: 01078 OPG: 0104
1091 ELDORADO AUE
CLEARWATER fL 33767-1007
EVACUA T ION ZON E : A
COMparable sales value as Prop Addr: 0
of Jan 1, 2004, based on Census Tract: Z60.0Z
sales froM 2002 - 2003:
Z75.900 Sale Date OR Book/Page Price (Qual/UnQ) Vac/ IMp
Plat InforMation 0 /0 01 0 0 ( )
19Z6 : Book 014 Pgs On-035 0 /0 01 0 0 ( )
0000: Book Pgs - 0 /0 01 0 0 ( )
0000: Book Pgs - 0 /0 01 0 0 ( )
2004 Value EXEMPTIONS
Just/Market: Zi4.500 HOMestead: NO Ownership % .000
Govt ExeM: NO Use %: .000
Assessed/Cap: Zi4.500 Institutional ExeM: NO Tax ExeMpt %: .000
Historic ExeM: 0
Taxable: Zi4.500 Agricultural: 0
2004 Tax InforMation
District: CW Seawall: Frontage: Gulf Of Hexico
Clearwater View:
04 Millage: ZZ.9694 Land Size Unit Land Land Land
Front x Depth Price units Meth
04 Taxes: 4.9Z6.94
1) 150 x 110 Zi. 000.00 150. 00 f
Special Tax .00 2) 0 x 0 .00 . 00
3) 0 x 0 .00 .00
Without the Save-Our-HoMes 4) 0 x 0 .00 .00
cap, 2004 taxes will be : 5) 0 x 0 .00 .00
4. 9Z6. 94 6) 0 x 0 .00 .00
Without any exeMptions,
2004 taxes will be :
4. 9Z6. 94
Short Legal HANDA LAY SUB BLK 70. LOTS iZ.13 8: N l/Z
Description LOT 11 8: RIP RTS
Building Information
http://pao.co.pinellas.fl.us/htbinlcgi-scr3 ?o= 1 &a= 1 &b= 1 &r=&s= 1 &u=0&p=05+29+ 15+5... 2/24/2005
Pinellas County Property APpr.r Information: 05 29 1554666070 O.
Page 3 of3
l~rop~tlyandLandUs~CQd~d~SGIiptiQns
05 / 29 / 15 / 54666 / 070 / 0120
Z4-Feb-Z005 JiM SMith, CFA Pinellas COunty Property Appraiser
Vacant Parcel Property Use: Z90 Land Use: 00
10:5Z:Z7
Vacant Extra Features
Description DiMensions Price Units Value RCD Year
1) PATIO/DECK 8.50 100 0 340 L 970
2) DOCK 15.00 600 0 3.600 L 970
3) CARPORT 5.00 400 0 800 1.970
4) .00 0 0 0 0
5) . 00 0 0 0 0
6) .00 0 0 0 0
TOTAL RECORD VA LU E : 4.740
Pinellas County Property Appraiser
Parcel Information
Back to Search Pa~
An explanation of this screen
http://pao.co.pinellas.fl.us/htbin/cgi-scr3?0=I&a=l&b= 1 &r=&s= 1 &u=0&p=05+29+ 15+5 ... 2/24/2005