7215-03
ORDINANCE NO. 7215-03
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, AMENDING ORDINANCE NO. 3205-83, AS
AMENDED BY ORDINANCE NO. 3287-83, ORDINANCE
NO. 5142-91, ORDINANCE NO. 5722-95, ORDINANCE NO.
6107-96 AND ORDINANCE NO. 6678-01, A
DEVELOPMENT ORDER ISSUED PURSUANT TO
CHAPTER 380, FLORIDA STATUTES, FOR PARK PLACE,
A DEVELOPMENT OF REGIONAL IMPACT; PROVIDING
FINDINGS OF FACT; PROVIDING CONCLUSIONS OF
LAW; EXTENDING THE BUILDOUT DATE; DETERMINING
THAT SAID AMENDMENT IS CONSISTENT WITH THE
ADOPTED COMPREHENSIVE PLAN; PROVIDING FOR
PROPER NOTICE OF PROPOSED ENACTMENT; AND
PROVIDING FOR THE EFFECTIVE DATE.
WHEREAS, on September 1, 1983, the City Commission adopted Ordinance No.
3205-83 (the "Development Order") which ordinance constitutes a development order
for Park Place, a development of regional impact, affecting the property described on
Exhibit "A" attached hereto and incorporated herein (the "Development"); and
WHEREAS, on October 20, 1983, the City Commission adopted Ordinance
No. 3287-83, an amendment to the Development Order and readopted Ordinance
No. 3287-83 on December 8, 1983; and
WHEREAS, on December 19, 1991, the City Commission adopted Ordinance
No. 5142-91, an Amendment to the Development Order; and
WHEREAS, on January 19, 1995, the City Commission adopted Ordinance
No. 5722-95, an Amendment to the Development Order; and
WHEREAS, on November 21, 1996, the City Commission adopted Ordinance No.
6107-96, an Amendment to the Development Order; and
WHEREAS, on February 1, 2001, the City Commission adopted Ordinance No.
6678-01, an Amendment to the Development Order; and
WHEREAS, on September 10, 2003, Bausch and Lomb Incorporated and Park
Place Land, Ltd., a Florida limited partnership, the owners of certain undeveloped areas
of the Development, filed an application entitled "Notification of a Proposed Change to
a Previously Approved Development of Regional Impact ("DRI") pursuant to Subsection
380.06(19), Florida Statutes" (the "NOPC") with the City of Clearwater (the "City"), with
copies provided to the Tampa Bay Regional Planning Council (the "TBRPC") and the
Florida Department of Community Affairs (the "DCA"); and
Ordinance No. 7215-03
WHEREAS, the NOPC proposes to amend the Development Order to extend the
build-out date by five years to December 31, 2008 (the "Proposed Change"); and
WHEREAS, the Proposed Change, combined with previous amendments to the
Development Order, is presumed to create a substantial deviation, pursuant to
Subsection 380.06(19), Florida Statutes; and
WHEREAS, the NOPC has satisfactorily addressed all regional issues related to
the Development and the presumption of a substantial deviation has been rebutted;
and
WHEREAS, the City Commission, as the governing body of the local government
having jurisdiction pursuant to Chapter 380, Florida Statutes, is authorized and
empowered to consider applications for proposed changes to previously approved
DRls; and
WHEREAS, the public notice requirements of Chapter 380, Florida Statutes, and
the City have been satisfied; and
WHEREAS, the City Commission has reviewed the NOPC, as well as all related
testimony and evidence submitted by each party and members of the general public.
BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF CLEARWATER, FLORIDA:
Section 1. Introduction - This Ordinance shall constitute an amendment to the
Park Place Development Order as previously amended.
Section 2. Findings - The City Commission, having received all related
comments, testimony and evidence submitted by each party and members of the
general public, finds that there is substantial competent evidence to support the
following findings of fact:
A. The Park Place Development Order, as adopted by Ordinance No. 3205-
83, and amended by Ordinances No. 3287-83, No. 5142-91, No. 5722-95,
6107-96 and 6678-01, is a valid final development order within the
provisions of Section 163.3167(8), Florida Statutes, affecting the property
described on Exhibit "A" attached hereto and incorporated herein.
B. Bausch and Lomb Incorporated and Park Place Land, Ltd., a Florida limited
partnership, the owners of undeveloped portions of the DRI, have proposed
that the Development Order be amended to extend the build-out date by
five years to December 31, 2008.
2
Ordinance No. 7215-03
C. A comprehensive review of the impacts generated by the Proposed
Change, together with all previous amendments, has been conducted by
the City's departments, the TBRPC and the DCA.
D. The Proposed Change is not located in an area of critical state concern
designated as such pursuant to Section 380.05, Florida Statutes (1993).
E. The Proposed Change, together with all previous amendments, does not
increase the external traffic impact of the development, nor does it create
additional impacts on other public facilities, including water, wastewater,
drainage, solid waste, recreation and mass transit, from the original
projections set forth in the Application for Development Approval ("ADA").
F. The Proposed Change hereby approved is determined not to be a
substantial deviation to the Development Order.
Section 3. Conclusions of Law - The City Commission, having made the above
findings of fact, reaches the following conclusions of law:
A. The Development as built to date is consistent with the local
comprehensive plan and local land development regulations under which it
was developed.
B. The Development as modified herein, and as depicted on the Revised Map
H, Master Plan, attached hereto as Exhibit "B," will not unreasonably
interfere with the achievement of the objectives of the adopted state land
development plan applicable to the area.
C. The Proposed Change is consistent with the local land development
regulations currently in effect.
D. The Proposed Change, together with all previous amendments, does not
create a reasonable likelihood of additional impact or any type of regional
impact not previously reviewed by the TBRPC and DCA, over those treated
under the Development Order. The Proposed Change, therefore, does not
constitute a "substantial deviation" from the Development Order, pursuant
to Chapter 380.06, Florida Statutes. The Proposed Change is exempt from
the provisions of Ordinance No. 4983-90, City of Clearwater and the Park
Place DRI remains vested thereunder.
E. Nothing herein shall limit or modify the rights originally approved by the
Development Order or the protection afforded under Section 163.3167(8),
Florida Statutes, except to the extent that specific rights and protections are
limited or modified by the Proposed Change to the Development Order as
approved by this ordinance.
3
Ordinance No. 7215-03
F. The Proposed Change is within the threshold guidelines of Ordinance No.
4983-90 of the City, relating to determinations of vested development
rights, and the Park Place DRI remains vested thereunder.
G. These proceedings have been duly conducted pursuant to applicable law
and regulations, and based upon the record in these proceedings, the
various departments of the City, Bausch and Lomb Incorporated, Park
Place Land, Ltd., and other owners of the Development are authorized to
approve/conduct development as described herein.
H. The review by the City, the TBRPC, and other participating agencies and
interested citizens reveals that impacts are adequately addressed pursuant
to the requirements of Chapter 380, Florida Statutes.
Section 4. Order - Having made the above findings of fact and drawn the above
conclusions of law, it is ordered that the Development Order be amended as follows:
A. The Conceptual Plan described in Sections 4.A. and 4.J. of the
Development Order is amended to be as shown on Exhibit "B" attached
hereto and incorporated herein. All references to the Conceptual Plan set
forth in the Development Order shall refer to the Amended Conceptual Plan
attached hereto as Exhibit "B."
B. The build-out date is hereby extended to December 31, 2008.
C. The amendments stated herein, together with all previous amendments, do
not constitute a substantial deviation, pursuant to Chapter 380.06, Florida
Statutes.
D. Nothing herein shall limit or modify the rights originally approved by the
Development Order or the protection afforded under Section 163.3167(8),
Florida Statutes, except to the extent that specific rights and protections are
limited or modified by the proposed amendments to the Development Order
as approved by this ordinance.
E. The City Clerk shall send copies of this ordinance, within five (5) days after
passage of this ordinance on second reading to Bausch and Lomb
Incorporated, Park Place Land, Ltd., DCA and TBRPC.
F. This ordinance shall be deemed rendered upon transmittal of copies hereof
to the TBRPC and the DCA.
G. Notice of adoption of this ordinance shall be recorded by the Developer in
the public records of Pinellas County, Florida, as provided in Section
380.06, Florida Statutes.
4
Ordinance No. 7215-03
Section 5. Effective Date. This ordinance shall take effect when filed as provided
by law, unless this ordinance is appealed, in which event this ordinance shall not take
effect until such appeal has been decided.
PASSED ON FIRST READING
December 18, 2003
PASSED ON SECOND AND
FINAL READING AND ADOPTED
January 15, 2004
BiL# In
Mayor-Commissioner
Approved as to form:
Attest:
Leslie K. Dougall S es
Assistant City Attorney
5
Ordinance No. 7215-03
EXHIBIT "A"
TO ORDINANCE NO. 7215-03
LEGAL DESCRIPTION OF PARK PLACE
Commence at the center of Section 17, Township 29 South, Range 16 East, Pinellas
County, Florida and go S 89046'01" W, 660.00 feet, along the South boundary of the
Northwest 1/4 of said Section 17 (the East-West centerline of said Section 17;) thence
N 00019'21" W, 50.00 feet, to a point on the North right-of-way line of Gulf-to-Bay
Boulevard - State Road 60 for a POINT OF BEGINNING; thence, following said North
right-of-way line, S 89046'01" W, 58.49 feet; thence N 00013'59" W, 10.00 feet; thence
S 29046'01" W, 1319.21 feet; thence, leaving said North right-of-way line, N 01004'04"
E, 599.99 feet; thence S 89046'01" W, 198.43 feet; thence N 00052'21" E, 554.70 feet;
thence S 89054'49" W, 400.06 feet, to a point on the East right-of-way line of U.S.
Highway 19; thence, following said East right-of-way line, N 01004'04" E, 28.15 feet;
thence along a curve to the right that has a radius of 192.00 feet, an arc length of 72.82
feet, a chord length of 72.39 feet, a chord bearing of N 11056'04" E, thence N 22047'58"
E, 11.93 feet; thence along a curve to the left that has a radius of 238.00 feet, an arc
length of 16.13 feet, a chord length of 16.13 feet, a chord bearing of N 20051 '27" E, to a
point on the North boundary of the Southwest 1/4 of the Northwest 1/4 of said Section
17; thence, leaving said East right-of-way line of U.S. Highway 19, N 89054'49" E,
1222.19 feet, along the North boundary of the Southwest 1/4 of the Northwest 1/4 of
said Section 17 to the Southwest corner of the Northeast 1/4 of the Northwest 1/4 of
said Section 17; thence N 00022'28" E, 1337.33 feet, along the West boundary of the
Northeast 1/4 of the Northwest 1/4 of Section 17 to the Northwest corner of said
Northeast 1/4 of the Northwest 1/4; thence S 89056'11" E, 1312.06 feet, along the North
boundary of said Northeast 1/4 of the Northwest 1/4 to a point on the West right-of-way
line of Hampton Road - County Road 144; thence S 00019'21" E, 2337.71 feet, along
said West right-of-way line; thence S 89046'01" W, 627.00 feet; thence S 00010'21" E,
280.00 feet, to the POINT OF BEGINNING, containing 99.133 acres, more or less.
Subject to easements and rights-of-way of record.
Information taken from survey by L1overas, Baur & Stevens, Consulting Engineers-Land
Surveyors, Clearwater, Florida, February 23, 1982.
.
o
~
o
",It:
:~
.~
:>~
IS
EXISTING
ACCESS
250
DREW STREET
N
PARCEL 1
LIGHT INDUSTRIAL
200,000 SF
('00.000 SF D1SllHG)
-----EXiSTING
ACCESS
.
500
MULTI-FAMILY
234 D.U.
(234 NUln-FAMllY D.U. EXlSl)
!;l
o
It:
Z
g
ll.
::I
<(
:t:
OFFICE
82,179 SF
PARCEL B
("'''0 SF DlS1lNG)
'-FUTURE
ACCESS
(120.580 flF ~CE EXlS'nNC)
COMMERCIAL
PARCEL 11
<14.538 SF' ElCISlJNG)
P ARK PLACE DRI
COMMERCIAL 25,842 SF
(RETAIl) (25,842 SF EllISllNG)
MASTER DEVELOPMENT PLAN
MAP H
Gulf Coast Consultants, Inc.
Land Development Consulting
LAND USE
EXISTING PLANNED
TOTAL
RET AIL/
COMMERICAL
81,120 SF 0
81,120 SF
OFFICE
304,639 S 100,000 S 404,639 SF
LT. INDUSTRIAL 100,000 SF 100,000 SF 200,000 SF
MULTI-FAMILY
RESIDENTIAL
390 DU
o DU
390 DU
TOTAL
485,759 SF 200,000 SF 685,759 SF
390 DU 0 DU 390 DU
lllllES:
1. THE PROPOSEO AMOUNT OF SQUARE FOOTAGE FOR INOIIllOUAL UNDEVELOPED PARCELS
ARE BASED ON BEST AVAILABLE MARKET INFORMATION AND ARE SUBJECT TO CHANGE.
THE AMOUNT OF TOTAl DEVELOPMENT. HOWEVER WILL NOT EXCEED THE AMOUNT OF
DEVELOPMENT APPROVED BY THE DEVELOPMENT ORDER.
2. THAT PORTION OF THE DEVELOPMENT THAT REMAINS TO BE DEVELOPED IS REFERRED TO
AS THE '.PLANNED DEVELOPMENT". THE BUILD-OUT DATE FOR THE PLANNED
DEVELOPMENT AND FOR THE TOTAL PROJECT IS DECEMBER 31. 2008.
3. CONVERSION RATES OF 1.000 SQUARE FEET OF UGHT INDUSlRlAl DEVELOPMENT TO 633
SQUARE FEET OF OffiCE DEVELOPMENT ARE HEREBY ESTABUSHED ON PARCEL 1 AS
APPROVED BY ORDINANCE 15722-95
4. ANY MULTI-FAMILY RESIDENTIAL DEVELOPMENT WILL BE UMITED TO PARCELS 2. 3. 6 AND
8.
5. PARCEL B IS PLANNED FOR 100,000 SF OF OrnCE DEVELOPMENT. CONVERSION RATES OF
1.000 SF OF OFRCE DEVELOPMENT TO 2.40 MULTI-FAMILY UNITS WITH A MAXIMUM OF 240
UNITS, OR 1,000 SF OF OFRCE DEVELOPMENT TO 2.44 HOTEL ROOMS WITH A MAXIMUM OF
244 UNITS ARE HEREBY ESTABUSHED FOR PARCEL B AS APPROVED BY ORDINANCE
6678-01.
DATE:
FIGURE:
REVISED:
AUGUST 22, 2003
1
DRAWN BY:
RAW