FLS2003-05018 (3)
.,
'-JAN-13-2004 15:56
P.02/03
MACFARLANE FERGUSON & McMuLLEN
ATTORNEYS ANO COUN$I;;I.ORS AT I.AW
I~Q, $QI,IT'i FLOR'DA AVENUE;
LAKCLlv'IO. rLORIO" 33801
(8631 aillQ.C1;oQEI FAX (863) 663-2849
400 NORTH TAMPA BTRE;i:T. SlJlTt ;l:~C>O
P.O. 80X 1531 (ZIP "601)
TAMPA. FLORIDA 33602
(613) 273.4200 FAX (at31 273-4396
0&0 COIJRT $TRCCT
1>,0, eOl\ 1$" (~" ~~71:1?)
CLE;A_ATER. Fl,.ORIDA ",..s6
(727' 441-a$66 FAX (727) 442.8470
1"1 FlEP~'I' AErEFl TOll
C earwater
January 13,2004
Mr, Art Kader
Assistant Director
City of Clearwater
Post Office Box 4748
Clearwater, FL 33758-4748
VIA FAX # 562M4825
N 1 4
Re: e of Prayer, Inc.
717 Bayview Avenue, Clearwater, FL
Dear Mr. Kader:
Let me respond to your letter of January 8th relative to the above, received this date.
We do not agree with the position set forth in your letter attributed to Assistant City
Attorney, Leslie Dougall-Sides. The fact that the City in the past may "not (have) treated parcels
subject to a Unity ofIitle as unified for purposes of calculation of Open Space and Recreation
impact fees" is not dispositive. In fact, if that is the case, I believe that has been erroneous based
upon your code.
As I believe I have indicated before, specifically, the code could not be clearer that a
Unity of Title, for all purposes combines multiple properties into a single site:
"A Unity of Title Declaration shall state unequivocally that the entire property
created by the combination of recorded lots, plots, parcels or portions thereof
shall be regarded as unified under one (I) title, as an indivisible building size and
that the properly shall be hence forth considered as one (1) plot or parcel of
land." See Article 4, Division 16, Unity of Title Declaration, subparagraph (d).
The City has required a Unity ofTitIe for the above-referenced development. It has been
signed and is in the hands of the City. For site development purposes, this is a single "indivisible
building site" and is "considered as one (1) plot or parcel ofland". This being the case, the
"
"JAN-13-2004 15:57
P.03/03
January 13, 2004
Page 2
impact fee credits or obligations are to be calculated on all lands involved, and not on some of
them selectively by the City.
Please be advised that we will seek further review.
Thank you for your assistance to date.
SinC~Y YO~'
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co: Our Lady of Divine Providence, House of Prayer, Inc,
Leslie Dougall-Sides, Assistant City Attorney
Deborah W. Richter, Management Analyst
Cyndi Tarapani, Planning Director
Kevin Garriott, Building Official
Bill Home, City Manager
Ir::~dl&
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h:\dBw\llly\hsc\corresp,'04\kader.ll3.doc
TOTAL P.03
MACFARLANE FERGUSON & McMuLLEN
ATTORNEYS AND COUNSELORS AT LAW
1501 SOUTH FLORIDA AVENUE
LAKELAND. FLORIDA 33801
(863) 680-9908 FAX (863) 683-2849
400 NORTH TAMPA STREET. SUITE 2300
P.O. BOX 1531 (ZIP 3360')
TAMPA. FLORIDA 33602
(813) 273-4200 FAX (813) 273-4396
625 COURT STREET
P.O. BOX 1669 (ZIP 33757)
CLEARWATER. FLORIDA 33756
(727) 441-8966 FAX (727) 442-8470
IN REPLY REFER TO,
Clearwater
December 11, 2003
Mr. Kevin Garriott
City of Clearwater
Post Office Box 4748
Clearwater, FL 33758-4748
VIA HAND DELIVERY
Re:
Our Lady of Divine Providence, House of Prayer, Inc.
717 Bayview Avenue, Clearwater, FL
FLS 2003-05018
~--_.
RECEIVED
f .
l~EC 1 2200~
_. PARKS & RECREATIOtl
Dear Kevin:
We represent the property owner in the above-referenced project. They are in the process
of constructing a non-residential structure, and incident to that application have been advised that
there will be an impact fee for Open Space Land Dedication. We do not believe that ordinance
applies and we are asking you to review this and then schedule a meeting to discuss.
Specifically, incident to the site plan, the City required a Unity of Title. That Unity of
Title which has been signed and delivered to the City includes land on both sides ofBayview
Avenue, and in total is approximately ten (10) acres I believe. Per Article IV of the
Development Review Code, 9 16, a Unity of Title consolidates the properties into a single
building site. Specifically:
"A Unity of Title declaration shall state unequivocally that the entire property
created by the combination of recorded lots, plots, parcels or portions thereof
shall be regarded as unified under one title as an indivisible building site, and
that the property shall be henceforth considered as one plot or parcel of land. "
A. Sec. 54.52 provides in part:
December 11, 2003
Page 2
"(1) The provisions of this article shall apply to the addition to the
building stock within the corporate limits of the City. . . as follows:
(e) All expansion of existing non-residential development on
property one (1) acre or more in area which will result in an
increase of the current floor area offifty (50%) percent or more;
(g) All redevelopment of existing non-residential development
which will result in a net increase of 8 or more residential units
and fifty (50%) percent or more floor area. . . "
Weare either expanding or redeveloping our site. In neither event we will not add fifty
(50%) percent or more to the "building site" as defined under the Unity of Title.
Attached herewith you will find data prepared by our engineering firm, showing an pre-
existing building area of some 23,449/sq.ft.; following completion of the new site, the projection
is 32,642/sq.ft., which is clearly less than a fifty (50%) percent expansion or redevelopment.
Would you please review this and get back to me at your earliest convenience. This is
quite important to our client and to the process and we need to have resolved as quickly as
possible.
As always, thank you for your assistance and I shall look forward to hearing back from
you.
Sincerely yours,
~-\ .' ./
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Ha1JY S\Cline
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Enclosures
cc: Our Lady of Divine Providence, House of Prayer, Inc.
Robert P. Resch, III
Florida Design Consultants, Inc.
h:\data\aty\hsc\corresp.'03\garriott.d II.doc
Prepared by and Return to:
HARRY S. CLINE, ESQ.
Macfarlane Ferguson & McMullen
Post Office Box 1669
Clearwater, FL 33757-J669
DECLARATION Of UNITY OF TITLE
KNOW ALL l'vlEN BY THESE PRESENTS, that pursuant to the ordinances of ll1e Cll)"
(If Clearwater pertaining to the issuance of building permits and regulating land development
activities, the undersigned, being the fee owner(s) of the following described real property
situated in the City of Clearwater, County of Pine lias, and State of Florida, to-wit:
See Exhibit "A" attached hereLo and
made a part hereof by reference.
do hereby make the following declaration of conditions, limitations and restrictions on said lands,
hereinafter \0 be kno"'"Il and referred to as a DECLARA nON OF UN1TY OF TITI E, as to the
followmg particulars.
1. That the aforesaid plot or combination of separate lots, plots, parcels, atTcage or
portions thereof, shall hereinafter be regarded as and i, hereby declared to be unified under one
title as an inck...;sible buildi!)g site.
2. Thnt the said property shall henceforth be comidered as one plat or parcel of
land, and that no portion thereof shall be sold, assigned, tr.msferred, conveyed or devised
separately except in its entirety, as one plat or parcel of land.
The underSigned further agree( 5) that this Declaration of Unity of Title shall constitute a
conveyance to run with the land, as provided by law, and shall be binding upon the undersigned,
nnd the heirs, succeswrs and assigns of the undersigned, and all parties claiming under them lL'1til
such time- as the same may be released in .writing under the order of the City Manager of Ll]e City
of Clearwater, such consent not to be I.ITlreasoDably withheld. The undersigned also agree(s) that
this instrument shall be recorded in the official records of Pinelbs County, Florilla.
Signed, sealed, witnessed and acknowkdged this _ day of
at Clearwater. Florida.
,1003,
Signed, sealed and delivered
in the presence of:
~4~~
/ ~
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OUR LADY OF DI\J1N"E PROVIDENCE,
HOUSE OF PRA. YER, INC.
BY:~J' ~A~~
r\'ame:~1 an e... (-. Fr20 r.DnJ
Tille: -pt€f?:o/ Oe.1+
STATE OF FLORIDA
COUNTY OF PINELLAS
I HEREBY CERTIFY that on this ~ day of p..<J G v c: I" ,2003, before me
personally appeared 1'\kNG< B\..t.cUJI\J ,as V\'Z~\\?~
of OUR LADY OF Dl\!lN""E PROVIDENCE, HOUSE OF PRA \l:R, INC., a Florida
corporation, 10 me known to be the person described in and who executed the foregoing
instrument on behalf of the corporation, and who acknowledged La rue the execution
thereof to be the free act and deed oflhe corporation, for the uses and purposes hercin
mentioned.
WITNESS my signature and official seal in the County and Srate aforesaid.
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Print name: iMr:,.I;fU{,(u 5 ~^-ObN ~
My commission expires: ""21? or 0 (0 ,
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