Loading...
DVA2005-00002 WITHDRAWN DV A2005-00002 CARLOUEL YACHT CLUB 1091 ELDORADO AVENUE WITHDRA WN e e ~ Clearwater -~ u~ Planning Department 100 South Myrtle Avenue Clearwater, Florida 33756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