SETTLEMENT STIPULATION
l' .
IN THE CIRCUIT COURT FOR THE SIXTH JUDICIAL CIRCUIT
IN AND FOR PINELLAS COUNTY, FLORIDA
CIVIL DIVISION
EDMUND S. WHITSON, JR.,
Plaintiff, Case No. 83-3865-20
vs.
CITY OF CLEARWATER, a municipal
corporation organized under the laws
of the State of Florida
Defendant.
SETTLEMENT STIPULATION
The Plaintiff,
EDMUND S. WHITSON,
JR. ,
and the
Defendant, CITY OF CLEARWATER, a municipal corporation,
hereby stipulate and agree as follows:
1. It is stipulated and agreed that this action be
settled upon the terms and conditions as specified
herein (the "Stipulation"). A copy of the proposed
Final judgment is attached to the Stipulation and
made a part hereof as Exhibit "A."
2. This Stipulation involves and affects a certain
parcel of property located in Pinellas County,
Page -1-
;:/J
Florida,
the
City
of
Clearwater,
and
more
specifically described on Exhibit "B" attached
hereto [the "Property"].
3. The development of the Property shall be consistent
with the development standards set forth in the Use
and Design Standards Matrix attached hereto as
Exhibit "C" (the "Matrix"), as supplemented by the
Clearwater Community Development Code (the "Code"),
and the other provisions of this Stipulation. No
re- zoning or Land Use Plan Amendments or other
ordinances are required as a condition for site
plan approval, for issuance of building permits or
for the development of the property. All
Permitting and Development shall be entitled to
proceed in accordance with this Stipulation. It is
not the intention of this Stipulation and the
Matrix to limit or restrict any of the development
parameters as shown in the several design standard
columns beyond the requirements of the current
ordinances and Development Code. It is agreed that
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aJ
development for any and all of the allowable uses
shall be permitted, including combined and mixed
uses.
In the event that any amendment to the Development
Code or City Ordinances or any other City or County
Ordinance or any law should become effective
subsequent to the date of this Stipulation, then
plaintiff, at his sole option, may elect to apply
any provisions thereof in lieu of any provisions of
this Stipulation or the Matrix.
4. The Defendant agrees that the Property shall
continue to be exempt from all tree removal
ordinances set forth in the Code until the site is
developed.
5. All other provisions of the Code, except as
specifically set forth herein, shall apply to the
development of the Property.
6. In this action, plaintiff has contended that the
property was and is exempt from the payment of
impact fees by virtue of the original Annexation
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,/XJ
Agreement and subsequent acts.
The Defendant has
contended that there is no such exemption. In
order to compromise and amicably settle this issue
and all other disputes and claims, the parties
have, and do hereby, stipulate that the property
shall be exempt from any and all City imposed
parkland dedication requirements, recreation impact
fees, and water and sewer impact fees, subject to
the limitations herein provided. In addition, the
Defendant agrees to the extent allowable, to waive
the transportation impact fee for the development
of the property, except to the extent of the amount
by which the otherwise applicable fees may exceed a
ceiling calculated by multiplying 67,800 square
feet times the rate now provided for the assessment
or calculation of fees for medical offices.
It is provided, however, that this exemption
from impact fees shall apply only if the Plaintiff
shall within three years after the date this
Stipulation is approved, submit a site plan fo r the
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.fIJ
development of the property and thereafter develop
the property pursuant to such site plan or approved
amendments thereto; otherwise, this exemption shall
lapse and become null and void.
7 .
The
development
rights
set
forth
in
this
Stipulation (other than impact fee relief), shall
be valid for a period of ten (10) years from the
date this Stipulation is approved by the City
Commission.
If Plaintiff obtains the initial
building foundation permit required to execute an
approved site plan within said 10 year period, this
shall be deemed to vest all rights for such
approved site plan.
8. The Plaintiff releases the Defendant from any and
all claims, actions, causes of action and damages
for breach, which he would otherwise have against
the Defendant.
9. The Defendant releases and waives any claims,
actions, causes of action and damages Defendant may
have against Plaintiff in this action.
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~
10. The Final judgment and Stipulation shall be deemed
to establish property rights and obligations which
run with the land and which are binding and
enforceable against and in favor of the Plaintiff,
and which shall inure to the benefit of Plaintiff,
his heirs, assigns and successors in title or
interest,
and be binding upon the Defendant.
Defendant agrees to cooperate with Plaintiff's
efforts to secure any other governmental or
regulatory
approvals
and
permits
for
the
development of the Property in accordance with this
Stipulation. Defendant agrees to do such acts and
execute such documents as may be reasonably
necessary to carry out the intent and purposes of
this Stipulation and to support Plaintiff's claims
to entitlement to exemption from impact fees as set
forth herein.
11. The parties agree to be bound by the terms of this
Stipulation upon each party having signed same and
consent to entry of a Final Judgment in this cause.
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12. The parties agree that the Stipulation and Final
Judgment in this cause may be recorded at the
expense of the plaintiff.
IN WITNESS WHEREOF, the parties have executed this
settlement agreement on the dates shown below.
CITY OF CLEARWATER, a municipal
Corporation organized under the laws
of the State of Florida
By: ~ %~ ----
~~~SSioner'
By: ~.J1~-rr:
City Manager
Dated:
,. J./~\ 01
APPROVED AS ~ CORRECT:
By: ~
City Attorney
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no
pp.. ...:-....,
By:
Dated:
12/3/2001 9:19 AM
40191.100201
#252808 v1 . WHITSON Settlement Stipulation
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EXHIBIT "B"
Parcel No. 23/29/15/00000/340/0300
Beginning at the SE corner of Intersection of Highland Avenue and Nursery
Road, Run East 498.04 feet, thence S 312.34 feet, thence W. 263.08 feet; thence S
211.81 feet; thence W. 235 feet; thence N. 532.98 feet to P.O. B, containing 4.77 acres,
Pinellas County.
255064
If"
EXHIBIT "e"
WHITSON PROPERTY - Use & Design Standards Matrix
Financial Institution
(no drive-lhru) X
Detached Dwellings X 5,000 50 20 30 30 25 5 15 35 1.51DU 0 Sec. 2-204, B.,1.,2.,3.,4.,5. and 6
(5-10K sq ft)
Detached Dwellings X 10,000 50 25 35 35 35 5 15 35 1.5/DU 0 Sec. 2-204, 6.,1.,2.,3.,4.,5. and 6
(10-20K sq ft)
Attached Dwellings X 10,000 100 15 25 25 25 5 10 50 1/DU 5 Sec. 2-503, 6.,1.,2.,3.,4. and 5
(max. 15 du/ac)
Adult Uses Not Permitted
Alcoholic 6everage Sales F 10,000 100 25 200 200 25 20 20 35 5/1000 GFA 20 Sec. 2.704, A.1, and 2
Assisted Living Facilities/ X 20,000 100 25 35 35 25 5 10 50 Yz Res 10 None
Adult Day Care
Auto Service Stations Not Permitted N/A
Cemeteries Not Permitted N/A
Child Day Care F
Congregate Care X 20,000 100 25 35 35 25 5 10 50 Yz Res 10 Sec. 2-504, 6.,1.,2.,3., 4. and 5
Convention Center Not Permitted N/A
Drive-Thru Facility for
Financial Institution F
Governmental Uses X 10,000 100 25 35 35 25 10 20 50 4/1000 GFA 10 Sec. 2-703, F., 1.,2. and 3
Halfway Houses Not Permitted N/A
Hospitals Not Permitted N1A
Indoor
Recreation/En tertainment F
Medical Clinic X 20,000 100 35 40 40 35 20 20 50 5/1000 GFA 10 Sec. 2-1203, F.
Marinas Not Permitted N/A
Mobile Home Not Permitted N1A
Mobile Home Park Not Permitted N1A
Nightclubs, Taverns & Bars Not Permitted N/A
Non-residential parking X N/A N/A 25 25 25 25 5 10 50 N1A 10 None
Nursing Homes X 15,000 150 25 35 35 25 10 15 50 1/1000 sq. ft. 10 Sec. 2-1004, 6.1.,2. and 4
Offices X 10,000 100 25 25 25 25 10 20 50 4/1000 GFA 10 Sec. 2-1004, C.1
Outdoor Retail Sales Not Permitted N/A
Overnight
Accommodations Not Permitted N/A
1 All Use Categories are based upon definitions contained within Article 8 of City of Clearwater Community Development Code, adopted January 21, 1999, effective March 1, 1999. For uses not defined, the City is to interpret any proposed USE
based upon State of Florida land Use Code Classifications (attached).
2 The following uses shill..be "flexible" (shown as "F" in the matrix) uses as set forth in the Code, and subject to the review criteria set forth therein: Alcoholic Beverage Sales: Research and Techology; Indoor RecreationlEntertainmen
Restaurant; Retail Sales and Service; Telecommunications Tower; Child Day Care; and Drive-Through Facility for Financial Institution.
3 Alcoholic Beverage Sales as an ancillary use shall be allowed consistent with the provisions of the Code.
4 Residential Density shall be permitted at a density of fifteen (15) units per acre.
5 Nothing contained herein shall be construed as prohibiting the Plaintiff from seeking relief from side setback requirements pursuant to the Code.
,,------,--------_.- --,-'
.U~~~t~griries
Parking Garages and Lots
Places of Worship
Public Parks and
Recreation
Public Transportation
Facility
Research and Technology
Use
Residential Shelters
Restaurants
Retail Sales and Service
RV Parks
Schools
Salvage Yards
Sidewalk Vendors
Telecommunications
Towers
TV and Radio Studios
Uti Ii ties/ I nfrastructu re
Facilities
Vehicle Sales/Displays
Vehicle Service
Veterinary Offices and
Grooming
Wholesale/Distribution
Facilit
x
X
Not Permitted
F 20,000
Not Permitted
F 10,000
F 10,000
Not Permitted
X 40,000
Not Permitted
Not Permitted
F N/A
X 20,000
X NIl>.
Not Permitted
Not Permitted
X 10,000
Not Permitted
12/7/2001 3:31 PM d-7
38368.99040
#247415 v1 - WHITSON PROPERTY - Use & Design Standards Matrix
-..
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fv1in;t:.9t
Width
200
N/A
25
25
200
20
100
100
25
25
200
25
N/A
N/A
200
N/A
25
25
100
25
.f',/lI~ry
Setback
~~s~.....
;;;gr'?B~~'. .....
~etback
Il1te~or
'.:;\~El~L/ ..
Setback
InteriOr
fit9nt .. ...
Setback.
1'l~~mCJ r
'/Bi~~;ii
SetbaCK
35
25
35
25
25
25
10
10
25 25 20 15 15
100 100 25 10 20
35 35 25 10 20
25 25 25 10 25
N/A N/A N/A N/A N/A
25 25 25 10 20
35 35 25 15 10
50 50 25 10 20
2
20
20
50
50
50
50
50
50
N/A
50
35
Yz Seats
1/20000 land
2/1000 GFA
15/1000 GFA
15/1000 GFA
1/3 Stud
N/A
4/1000 GFA
N/A
4/1000 GFA
;pl.~~i~I.~E~~f~F""'.""."/>'
(tefnqlwtr;ColTllT1;DeveL CpCfel'.'
N/A
Sec.2-1203, C.,1
None
10
10
N/A
10
None
10
10
N/A
Sec. 2-704,1.1.,2.,3.,4.,5 and 6
Sec. 2-704, J.1.,2.,3.,4. and 5
N/A
None
N/A
N/A
N/A
15
N/A
N/A
N/A
Sec. 2-1303, I., 1 and 2
10
N1A
N/A
Sec. 2-1003, L., 1 and 2
N/A