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1982-1984 CHEEZUM DEVELOPMENT CORRESPONDENCE 1982 - 1984 CHEEZUM DEVELOPMENT CORRESPONDENCE II i ,.. " '11f:~~ ,...., '..,....1l -...~ '->;.--.. - i'~~7,"~~ \ .~~(, I, , rJ"""l lO. ~ ,.: ...-, r ~ ~~ -=-=- ~~ ~r=.~-;X~~ \.~ - -=-=- ~t ~~~TID~ ~,~. C I T ~- o F CLE/\R"\VATER POST OFFICE 80), 474e C LEA R W ATE R, F LOR I D A 3 35 1 8 CITY MAHAGER ~p. May 3, 1984 ,) i ~ (f.-) r [_ , . \ i L5 ~ L;.-. I I \ I r='~--- " I :: j\ \; ~i; 'II' - 9 ,J l\J' l:=~ . I I' ~~r'l (, c Q;.2#" . .) i~..". 0 ~ .~ --- ~I/ I \ *'i/ ~ e" ~~ Mr. Ken Cheezem Vice President Cheezem Land Corporation 7820 38th Avenue North St. Petersburg, Florida -33710 Dear Mr. Cheezem: b / I have received and reviewed your preliminary site plan for proposed construction of a 240-unit apartment complex on the southern parcel as defined in our settle- ment stipulation dated March 27, 1984. It appears that Cheezem Development has determined it will use Exhibit F as the plan for developing the property. Accordingly, review was accomplished with tlia t exhiliit. Certain assumptions had to be made in order to effect a proper review. Those assumptions were: : 1. The developer will adhere to all building safety and fire codes in effect at the time the building permit is issued. 2. Potable water system must be designed with separate taps for fire lines and service lines. Backflow prevention devices must be instal- 1ed for ooth lines. 3. Although your plan does not indicate that you intend to use natural gas, I feel it is important to bring the availability of this service to your attention as it is an energy-saving, inexpensive source of fue 1. 4. It appears that you intend to use roll-out dumpsters for sanitation collection. If this is not correct, please contact Utility Engineer Claude Howell at 462-6790. S. All improvements west of the coastal construction control line must be approved by the Florida Department of Natural Resources. (Page 1 of 2) "Equol Employment end Affirmative Action Employer" . ~ ~':i t\~n Cheezem lJa) .3, 1984 , 6. I am unable to determine how you propose to handle on-site drainage. Please contact the City's Public Works Department at 462-6625 and outline your intentions to Drainage Engineer John Rooks. On pages six and seven of the settlement 3tipulation, paragraph 11(B) states that Parks and Recreation impact fees, as required by Ordinance Nos. 3128-83 and 3129-83, will be paid per unit when a certificate of occupancy is issued. The nature of high-rise construction necessitates that a total floor receive a certificate of occupancy not the individual units. I trust you concur in this interpretation of the stipulation. The dollars must be paid to the Parks and Recreation Department prior to the issuance of any certificate of occupancy. From the information available on the plan there appears to be serious inade- quacy regarding the parking layout. I have discussed the matter with Traffic Engineer Keith Crawford and he informs me that in 1950, the recommended minimum space per car including aisles was 282 square feet; in 1965, it was 286 square feet; the dimensions used by the City of Clearwater today require 279 square feet. You can see that in none of these figures does the square footage com- pare to the 261 provided on the plan. To be more specific regarding parking, the following information is provided: 1. Single-loaded aisles for 900 provide 40 feet instead of 43 feet total dimension for stall plus aisle. 2. Double-loaded aisles for 900 provide 58 feet instead of 62 feet. . , ' " _# -=.. ~ .... . 3. Space 37 in the south lot and space 40 in the north lot have only 32 feet instead of 43 feet. ~ ' '- , ... .. - . ~ . .' ... . -, 4. Spaces 1 and 22 in the south lot and spaces 1 and 22 in the north lot have to park from a IS-foot aisle instead of a 24-foot aisle. 5. Spaces 27 and 28 in the south parking deck have only.36 feet from the circle instead of 43 feet. o. The severe offset in the aisles (approximately 18 feet in 18 feet) is not acceptable. 7 _ The location of the guard house is too close to the road. Mter the first car, cars waiting to enter will be on public right-of-way. When Gulf Boulevard is widened, cars waiting to enter will extend onto the road at times. In light of the ahove, I am unable to state that your plan is in substantial compliance with the settlement stipulation, however, it is consistent with the settlement regarding zoning and the manner and scope of development. (Page 2 of 2) ... ... "i' (7~~ SPECIAL CITY COHKISSIOH MEETING Planning (2) March 26, 1984 The City Comm1SS10n of the C1ty of Clearwater met 1n spec1al session at the City Hall, Monday, March 26, 1984, at 2:12 p.m w1th the follow1ng members present: Kathleen F. Kelly R1ta Garvey James Calderbank Mayor-Comm1ss10ner Comm1ssioner Commiss10ner Absent: James L. Berfield W1111am Just1ce Comm1ssioner Comm1ss1oner Also present were: Anthony L. Snoemaker Thomas A. Bushn Frank X. Kowalsk1 Charles S1emon Cyndie Goudeau C1ty Manager City Attorney Ch1ef Asst. C1ty Attorney Spec1al Attorney for City Ass1stant C1ty Clerk The Mayor called the meet1ng to order. The purpose of the meet1ng was to cons1der and approve the settlement agreement w1th Cheezem Land Corporat1on and Cheezem Investment Program I, Ltd., regard1ng the1r development r1ghts on the property on Sand Key, which lS presently the subject of lit1gat1on. Bill Friedlander, attorney for Cheezem Land Corporat1on, rev1ewed the h1story of the case. They purchased the property from U.S. Steel Corporation in July 1983 w1th the understanding the development r1ghts provided by the courts went to successor-owners. He sa1d that all development proposals subm1tted to the City had been rejected and litlgatlon began ln December, 1983. The agreement that has been reached proposes a denslty tney feel is much less than what they are permltted. They have also agreed to pay 1mpact fees which have been estab11shed by ordinances Slnce the property was annexed. These fees~ ln the amount of $900,000, are to be made as the certificates of occupancy are lssued and are to be spent for projects on Sand Key. The Clty Manager reported that due to the loss of lltigatlon wlth U.S. Steel, the Judge had let stand the 60-unit-per-acre zoning that had prevlously been on the property. He stated the proposed development wlll have an overall dens1ty of 32 units per acre with a dens1ty transfer occurring from the north to the south tract. In the stlpulatlon, Cheezem Land Corporatlon is recognlz1ng the lmpact fee to the advantage of the City. Charles Selman, representing the Clty, stated that the developments exist1ng ln the area have a denslty averaglng from 28 to 44 unlts-per-acre and he feels that the agreement we have reached lS probably the best we could do 1f we proceeded w1tn the litigat1on. He summar1zed the agreement p01nt-by-point. Spec1al Meet1ng 424. March 26, 1984 Three c1t1zens spoke regard1ng concerns of ma1nta1n1ng open space, outgrowing ut1lities and other serv1ces, such as pol1ce protect1on, and also the problems with evacuat10n in the case of an emergency. One c1t1zen spoke oppos1ng the 20-year tlme span for complet1on of the proJect, stating the beach is very changeable. Mr. Fr1edlander spoke regarding the 20-year t1me span stat1ng they do not know when they w1ll beg1n construct1on on the north s1te and they want the flexib1lity to change w1th the market. Charles S1eman reported programs are 1n place to prov1de adequate ut1hties. DiscusS10n ensued regarding alternat1ves and g01ng to court to try and bring the project 1nto compl1ance w1th the county land use plan of 30 un1ts per acre. The City ~nager reported that 1f we go to court probably the best we could obtain is what 1S be1ng proposed 1n the agreement. In answer to a quest1on, Mr. Frledlander reported that, 1n add1t1on to the $900,000 1mpact fee, there wlll be approx1mately $1,000 per un1t 1n other types of fees to the city. Comm1SSloner Garvey questioned whether or not there would be road money and a landscape buffer. She requested a report on f1re safety of the build1ng and response time of the fire department. In response to a question, the C1ty Manager 1ndicated that the $900,000 can be used for other uses than park land as long as 1t 1S spent for projects on Sand Key. Further discuSSlon ensued regard1ng trying to or1ng the project down to 30 units per acre. Mr. Frledlander stated it 1S not econom1cally feas1ble for Cneezem Land Corporatlon to lower the denslty any further. Mr. Cheezem spoke stat1ng they have already spent t1me, effort and money 1n compromis1ng to reach th1S agreement. CommiSS1oner Calderbank moved to accept the settlement agreement w1th Cheezem Land Corporat1on and Cheezem Investment Program I, Ltd., and that the approprlate officlals be authorlzed to execute same. Motion was duly seconded and carried unanlmously. ITEM - Agreement with Plnellas County Sher1ff's Off1ce. This agreement w1ll authorize C1ty law enforcement off1cers to perform various act1vltles outs1de the legal boundarles of the city and w1ll allow apPo1ntment by the Snerlff of certain C1ty law enforcement offlcers as deputy sherlffs wlth approprlate powers and respons1bll1t1es under the laws of Florida. The city will be respons1ble for malnta1ning adequate self-1nsurance coverage on such personnel recelvlng comm1ssions as spec1al deputy sher1ffs. Th1S 1S an annual agreement between the Plnellas County Sheriff's Department and the City of Clearwater. Special Meet1ng 425. March 26, 1984 .... CommiSS1oner Garvey moved to approve the agreement w1th the P1nellas County Sheriff's Department and that the appropr1ate off1c1als be author1zed to execute same. Motion was duly seconded and carried unan1mously. Meeting adJourned at 4:09 p.m. Special Meet1ng 426. March 26, 1984 -, ~.. ,- .. -~ 0~L~ t~b k 1--4.-4 ) r -. / 7S~ 1 g.... t~_ V F'...P I ~&'1Ov'r~ ,~ I /1;.{..... .1-""4"1; 7:. Jo..." . -=:;I ~~Slo.1'" "'~~~ February 8, 1984 Mr. W1111am Fr1edlander Cheezem Development Corporat10n 7820 38th Avenue North St. Petersburg, FL 33710 Dear B1ll: Regard1ng the pend1ng l1t1gat10n 1nvolving Cheezem Development Corporat10n and the City of Clearwater, I am subm1tt1ng to you for cons1derat10n and d1scuss10n some pre11m1nary terms Wh1Ch, hopefully, may serve as the bas1s for a formal and mutually agreeable settlement: 1. The City of Clearwater agree to perm1t, and Cheezem Development agree not to exceed, a comb1ned total of S1X hundred ten dwel11ng un1ts on the rema1n1ng two vacant Cheezem-owned parcels on Sand Key; 2. The C1ty of Clearwater agree to perm1t a m1n1mum of one park1ng space per dwel11ng un1t on each of the two aforementioned parcels. 3. The C1ty of Clearwater agree not to unreasonably restr1ct the bU1ld1ng he1ght on e1ther parcel. 4. Cheezem Development agree to comply w1th the C1ty of Clearwater's setback, clear space, and l1ke development regulat10ns. 5. Cheezem Development agree to ded1cate to the C1ty of Clearwater a vacant parcel of land on Sand Key (wh1ch may be on the bays1de of Gulf Boulevard) roughly equal11ng four acres 1n S1ze 1n fulf1llment of the C1ty'S Recreat10n Land Impact Fee, Recreat10n Faci11t1es Impact Fee and Open Space Land Impact Fee. &~ fr7o/1. ~l< .:~ ~ . Mr. Willlam Frledlander February 8, 1984 Page Two Should the precedlng terms serve as a basls for a formal agree- ment, I belleve it would be to our mutual advantage to have the actual development plans dlrectly tled to a slte plan. I anxlously awalt your response. Slncerely, Anthony L. Shoemaker Clty Manager C I T Y OF CLEARWATER POST OFFICE BOX 4748 C LEA R W ATE R. F LOR IDA 33518 CITY MANAGER D ec emb er 19, 1983 Dennis P. Thompson, Esq. At to rn ey -a t-Law 1253 Pa rk St reet Clearwater, Florida 33516 Dear Mr. Thompson: This is in response to your inquiries regarding the processing of building permits for U. S. Steel property on Sand Key. It is di fficul t to respond to your general, hypothetical question. I do not believe the City is required to advise you of your rights, nor to respond to inquiries which do not relate to specific development plans on particular tracts. I believe that the City's position is outlined in my letter of Au g u s t 24, 1 983 . The City wil 1 respond speci fically to any appl ication for a building permit your client chooses to file. As of yet, I know of no formal appl ication, and I know of no plans or design d raw i n 9 s w h i c h h a v e bee n form all y sub m i t t e d for the C i t Y · s peru sa 1 . Sincerely, Anthony L. Shoemaker City ~lanager "Equal Employment and AffIrmatIve ActIon Employer" IF. N 0 v em b e r 30, 1 98 3 Mr. William A. Friedlander Co r p 0 rat e Co u n s e 1 Cheezem Land Corporation 7820 38th Avenue North St. Petersburg, Florida 33710 Dear Bill: I am respondi ng to your 1 etter of November 21, 1983 concerni ng a proposed agreement between the Cheezem Investment Program I, Ltd. (" CIPIL") and the City of Cl earwater hand-del ivered to my home on the evening of the 21 st. Condition a. of your counterproposal indicated that it was ten d ere d bas e d u p 0 n C i t Y s t a f f r e com men d a t ion 0 f s u c hag r e em en t to the City Commission not later than November 30,1983, and condition b. of the agreement required City Commission approval o f s u c hag r e em en t not 1 ate r t h anD e c em b e r 1 6, 1 98 3 . Sin c e you advised me at approximately Noon on November 22 that a lawsuit was b e i n g file d t hat day by C h e e z em a g a ins t the C i t Y i n con t r a - diction to and without any consideration for the timetable set out in your 1 etter of the 21 st, I can only concl ude that the counteroffer for settlement was frivolous and not tendered in good faith. You acknowl edge in the second paragraph of your 1 etter that con sid era b 1 e t i mea n d e f for t was ex pen d e d by bot h C h e e z em and the City during the period of mid-June through mid-November to reach an acceptable understanding on what was permitted and could be mutually agreed to as concerns the development of your properties on Sand Key. It is both disheartening and alarming, therefore, to find that part of the suit that has been filed inaccurately and falsely charges that the City has delayed Cheezem in the development of their property during this period of time in which both parties were negotiating in what we thought to be a good faith effort to resolve legitimate differences. .,~ ~1r. William A. Friedlander N 0 v em b e r 30, 1 98 3 Pa 9 e 2 I believe the City's good faith effort throughout this matter is further evidenced by your request for a permit for a temporary sal es facil ity on the southern parcel at Sand Key which we agreed to issue, even after the lawsuit was filed, based on your letter ass u r i n 9 u s t hat the i s sua n ceo f s u c h perm i tis wit h 0 u t pre j u d ice and will not be an issue in the litigation. Given the fact that Cheezem Land Corporation has chosen to put forth an offer of settl ement on the one hand, whil e fil i ng suit on the other, and the City's need to concentrate in response to the lawsuit, we see no purpose to be served by giving further consideration at thi s juncture to your counterproposal for settl ement. Sincerely, David P. Healey, AICP Planning Director DPH:bd c.c. City Manager Anthony L. Shoemaker Chief Assistant City Attorney Frank X. Kowal ski '- .,- /' ,'1"''''''_ r"(..ll -- l' <::,\.t\ D""t6--:... \IL~ ~~ ~:~ ~~, ~r-""; \L 0'::, ~~ ....'r...,J ..... '" ~~ ~ " , ~~ ~.:;. - .=- == f c::I $ ,To' --- i:::::~ ~~ -=-=- ~\\ ,~~ Tii.~~/\ ~"-'r"-,,I' CIT"):~ o F CLEARWATER POST OFFICE BOX 4748 C LEA R W ATE R. F LOR IDA 3351 B OFFICE OF PLANNING DEPARTMENT November 16, 1983 Mr. Kenneth Cheezem Executlve Vlce Presldent Cheezem Development 7820 38th Avenue North St. Petersburg, Florldd 33710 Uear Ken: I am writing in response to your letter of November 1 and your follow-up request to our ~eetlng of Wednesday, November 9, wlth respect to a prelimlnary deslgn for the "Sand Key V Slte" (north of Landmark Towers I). As I indicated to you verbally, the Clty would not accept for processing a preliminary site plan for thlS north slte based on the sketch plan WhlCh accompanled your November 1 letter for the following reasons: 1. No proof of ownership has been supplled wlth respect to that beachfront area that has accreted over the years, resulting in a land drea considerably more than our records lndlcate previously existed, which you now represent as fifteen (15) acres; 2. No appllcatlon or justiflcatlon has been establlshed regardlng the divislon of the parcel into two smaller parcels for the purpose of establlshlng more advantageous building setback and building height llmltatlons for the subject slte; 3. The plan makes no provislon for recognlzing the net density calculation necessary to arrive at the permitted number of units, even assuming proof of ownership of the accreted lands can be established; and ~p~ ~~/L "Equal Employment and Affirmative Action Employer" l. . Mr. Kenneth Cheezem November 15, 1983 Page 2 4. The project, as dep1cted, 1S in v101at10n of both the requ1red bU11ding setback from the Coastal Construct1on Control Line and the prohibition aga1nst deck area extend1ng forward of such Coastal Construction Control L1ne. Wh11e the form and content of the sketch plan do not allow for me to make a more thorough eva1uat1on that might well lndlcate other lnconsistenc1es wlth the C1ty'S zoning ordinance, I be11eve the above cursory reV1ew p01nts out the major issues that remain to be resolved prior to the C1ty processing a preliminary slte plan for this site. We rema1n hopeful that our many meet1ngs attempting to estab11sh a Qutua11y acceptable development plan for all of your propert1es on Sand Key will yet be successful, and I pledge whatever t1me and cooperat10n 1t takes on the part of the C1ty to work w1th you toward that end. DPH:bd c.c. City Manager Anthony L. Shoemaker Frank X. 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(c n..o~s ~.) 3.1"S" A~ <::~ 'A W.l\ '-- &B Pb,,- 'MI'!o.. fi..) q \ \)\ u S _3,8 ~ N\, ~ ,WI ~(I.~SI:fM' \1 \olo -o/u ~ \b 4,C;- ~ ~ ,M. \-\ \ \,JJ I ~\\'\.VI.... \l;C ~ V fo...S \A. 'N\ '" """"'[' ~'Z..lo '0/ U '.\. _ ~~ Co.::: \--\G.'\' ~ c VI- """, -rr ED 98\ \10 'I.....,JOl,v1o -'.l::...y..J\.,/ S ~i _(\j\-'-_\4 rl)\..O oM cc.<:.\... '2..,' S~ ~~ ""'?fl..OM. 6...J I....~ -\~......; 'D ~Q \ Q..~Q\O 5l~ 't;..:;1 &A c...~ ~, ~e <-nil. ,., € , \ 1, II II \~~\ul\. I, 105" , q. II " 'I w ~T\.::.-n..rll.~tJ':" ... \58 ., ~y ?t1..D p , ~<"" 1>0 ~b ~ '- \f>j~ ~ ~ 'J.. \~\. "" 'A w) -- \ ~~~ ~~. L. 40 ~~ = l~I\.JJ (,0 ";:'Yl~\, v.-\(;'!W~ .::;. o:;f't'l.\ '1~ . \ ' 40 J[. -= \ ~ '2.~ I "2. ~. b t vf\,;~-(, N. ?\toC'c 'jo ~Q ~\~ \ 1\1 \'~ l.o. S \(J\'D\~ ~~ 1. ': S1'l \ .... \ \ O? ' i- ,... I...QI\J (0 G, J,.. r -\~ .... \J \1 '0.;:0 '}o \ S 8 . \ - ~--..; :. 6~ ~- ^,-. _ _ - Cheezem -.- .--J>evetoPment . - -:.. ': ~qrpoiitrorf C' - John 0; Corbet VICE PRESIDENT BUSINESS DEVELOPMENT . ' 7820 38th Avenue North ,_ St Petersburg;1=1 33710 _ (81_3) 344-~1- -,7]7 Brickell Avenue_ - Miami, Ft 33131 _' -(30S)'371-n11 . '\ Cheezem Land Corporation September 16, 1983 7820 38th Avenue North 5t Petersburg, Flonda33710 (813) 344.5481 Mr. Davld Healey Director of Plannlng City of Clearwater 112 S. Osceola Avenue Clearwater, FL 33516 RE: DNR Survey Certification and Scaled Site Plan Data for Sand Key V and VI Sites Dear Mr. Healey: Pursuant to your request during our meeting on September 14. 1983, the captioned materials are being hand delivered with this letter. You indicated that these materials will enable you to make a decision regardlng our proposal submitted to you on September 1, 1983. It was mutually agreed that we would meet again on or about September 21, 1983, to resolve this matter. The exact time and date will be confirmed as soon as everyone's availability is determined. Very truly yours, JDC/l f HAND DELIVERED '~~@-0~ [j~WlB r~~\ ~ , i Ie- ~~--- --=- ~ (I' I I I )1 f ~ II J~~EP I 6 1983 i [ , I rr f General Partner of Cheezem Investment Program I, Ltd , a FlOrida Limited Partnership , C. JI. Pete'lson, 8nc. . REPORTS . HIGHWAY DESIGN . COMPLETE LAND PLANNING . WATER SEWERAGE PROFESSIONAL ENGINEERING CONSULTANTS 1298 LAKEVIEW ROAD . CLEARWATER, FLORIDA 33516 . TELEPHONE (813) 446-9568 November 10, 1982 Community Design Corporation 7820 38th Avenue North St. Petersburg, Florida 33710 Attentlon: Mr. John Scott Re: Site V, Sand Key Mean Hlgh Water Survey Dear Mr. Scott: Please find enclosed a copy of approval of the above referenced project from the State of Florida Department of Natural Resources. If we may be of further asslstance, feel free to contact us. Sincerely yours, CW/tl c. A. PETERSON, ~ght, RLS Encl 12 !\OV 14: 13 State of Florida DEPARTMENT OF N-,-L\.TURAL RESOURCES BOB GRAHAM Gov..rnor , GEORGE FIRESTONE S"crel.try or SUle JI:\I S\IITH \ltornev General GERALD A LEWIS C..mptruller BILL GU;\iTER DR ELTON J. GISSENDANNER E"ecutlve Director 3900 Commonwealth Boulevard, Tallahassee, FlOrida 32303 Treasurer DOYLE CONNER CommlSSloner or Agnculture RALPH D TURLINGTON CommlSSlonel of I:.ducaUon BUREAU OF SURVEY AND MAPPING APPROVAL OF FINAL MEAN HIGH WATER SURVEY PROCEDURES (IN ACCORD.\NCE WITH CHAPTER 177, PART II, FLORIDA STATUTES & ADMINISTRATIVE RULE 16-3) Pinellas County ~ SURVEYOR: Corney Wn.ght 1298 Lakev1ew Road Clearwater, Flor1da 33516 SURVEYEiD FOR: PROPERTY DESCRIPTIGN: Sand Key, Sect10n 17, Townsh1p 29 South, Range 15 East DATE RECEIVED: November 2, 1982 DATE PROCEDUP.ES APPROVED .AJ.'iD FILED November 2, 1982 COMMENTS: REVIEWED BY: /~ (+- (, /) .; /' _/-~ . Jj\ }': ( 11:1-- L[ . _,_ NOTE: THIS CONSTITUTES AN APPROVAL OF THE PROCEDURES UTILIZED IN THE DETERMINATION OF THE ELEVATION OF MEAN HIGH WATER AND/OR THE LOCATION OF THE ME&~ HIGH WATER LINE. THIS WILL IN NO WAY ESTOP THE STATE OF FLORIDA FROM CONTESTING THE LOCATION OF THE MEAN HIGH WATER LINE IN ANY SUBSEQUENT JUDICIAL OR ADMINISTRATIVE PROCEEDINGS. """'T'!:l c:., _"" e: OIVISIO"lS , o\OI\1I"lISTR....TIO'l t...w E'lF'ORCE"'::"T ""''11''0 ,:~.."r t>r"'" /1"'/""'- f"{.I'l -- ,/ ':>\.1'\ ~":tr{;--__ ,,\J..~ ~)Y:'_ ,~ .' ,.. ~.r-- ~~ ,d"~,,r.'~ ~ '" ~ ,/- -'..!II ~ ~~ ~ ~- ct:~ "r-: -=- ~ ""'-, ~f1'" - - .............,--.., \.~ -~ ~\\\ ~t;,~ -T-E~ ~~/\ --_11 1\. 11// -__,.",,/1,1 C ] T ""\- o F ~ -e'~ I'//~- r- C LEA R \\- ~~ T' E R POST OFFICE BOX ..748 C LEA R W ATE R, F LOR IDA 33518 OFF ICE OF PL t,t.,jNING DEPAPTr-.1ENT September 15, 1983 I~ r. Hill i am A. 0 c k u n z z i , Ex e cut i ve D 1 r e c to r Tpmpa Bay Regional Planning Council 9455 Koger Boulevard ~t. Petersburg, Florida 33702 gearBil1: I am attaching for your 1nformation correspondence between the qheezem Development Corporation, U. S. Steel Realty Development and the City of Clearwater perta1ning to proposed develop~ent on Sand Key. In brief, U. S. S. Realty Develop~ent and Cheezem Development Corporation own properties on which they propose massive lncreases from the already too intensive development pattern on Sand Key under r1ghts they claim in the Circult Court declsion rendered by Judge Driver in 1977. The Clty 15 evaluatlng all of its potential courses of action, including that reference in City Manager Shoemaker's letter of August 24 to U. S. Steel concerning the potential applicability of Chapter 380.06 FS; that is, developments of regional 1mpact. Tony asked that you be apprised of these preliminary communlcations in order that you might be aware of same in responding to any inquiry made of the Council from the developers or the State Department of Community Affairs. If you are contacted concerning this matter, the City would appreciate being involved in any follow-up discussion with either the Cheezem or U. S. Steel interests. c.c City Ilanager Anthony L. Shoemaker "Equal Employment and Affirmative Action Employer" ~' J; /1.... I ~/ / _/ /.....~ ,-"",---, , I I :) " ~ - L'..--, r1 '\,/~I ., I ~::::-,. -- r . August 24, 1983 Mr. c. F. Hegner U.S.S. Realty Development 200 St. Andrews Drive Belleair, FL 33516 Dear Mr. Hegner: On behalf of the City of Clea~ater~ I .have, ~ith the assistance of my professional staff, reviewed t~~_mat~~~~s submitted to the City 4n regard to U. S. Steel Sand Key Propert~es under cover of your July 8, 1983, letter and Dennis Thompson's follow-up le~;~~.of AuEUs~ 18, 1983. Please accept this letter as official notice that the~City of .Glearwater does not agree wtth your expectation that the deve.1,opent cont,.emplated in the plans "fall within the parameters of (the) ~oning.~equ~r~nt8 .~~ablished by Circuit Civil No. 78-4765-7." The proposed develoP.tllent ,involve,S a significant departure from the character and magnitude of .nqm1na~_development on the island and repre- sents a drastic cba~~~ in condi~io~s.f~ .~h~ island. Moreover, the scope and scale of the development new p~o~~ed. ra~ses serious questions in regard to the City's responsibilities and. "p'ow~r ~o 1ss\.!e. bl.!ilding permits under the provi- ' sione of section 380.06 of the.~.1,o~id~ ~tatutes. The City is ready to discus. it~~o~itiqn w~~h3OU and your representatives and sincerely hopes that an un~e~s~~~d~~ may be reached as to the force and effect of Judge Driver's order _~~,.~o~tr~lling law. However. I feel obligated to advise you that the signifi~a.nt. c;~~ge..in conditions on Sand Key which is proposed by persons claiming rig~~~.unde~ ~he,court order raises serious ques- tions as to the continuing effe~t ~f .the .d~cision. The City does not believe that the intended parameters a~~_effectpf the order contemplated development which far exceeds the characte~.~dd magnitude of development at issue in U.S. Steel v. the City of Clearwater~. _ ._ . Let me reiterate the City'. de~~~e.~o.~~k with your co~any in this matter. and I hope you will avail yourse~f .of .~ ~nvitation to meet 8ftd discuss this matter. Very truly yours, Anthony L. Shoemaker City Manager . LAW orFrCE.5 JY \\)\~ RICHARDS, ...JDINE, GilKEY, FITE, MEYER & THOMPS,-,,-l, P A RICH....PO.s BUILOINO IZ~3 PARK STREET R....L~~ !DteH...RDS (ISQ.J-I5teO) CLLO.RW"TI:R I"LORIO" 3315le WiLL'...... W QI\.M.J;Y .JOHN D "IT~ (613) 443-328' WIL.L.IAM I: ""OOIN~ 01" CouHal:L L.A.",.y " "'E.Y~A OI[....NIS ~ TIo40MP50N .I0HH C SLAUOHTE.R .IA EMIL Q ~RATI[!U J ""ARVIN GUTHAIl[ lit CA"LTON WARD August 18, 1983 SALLY "OOTE COReOR"", G....RY lit ~RE.STON ROBI:.AT "'" F>>nRILLO PATRie", T Il4AOUIRE, ~ [ = ~ ~ "~' re rnJ gt ,... .. 1383 Mr. Anthony L. Shoemaker Cl.ty Manager Cl.ty of Clearwater P. O. Box 4748 Clearwater, Florl.da 33518 -- -ry ~....t{""~ ;,~O;;r:t Dear Tony: Recently, Frank Hegner and I met Wl.th Dave Healey and you to provl.de l.nformatl.on concernl.ng U.S. Steel's further plans on Sand Key. Thl.s meetl.ng was preceded by Frank Hegner's letter of July 8~ 1983 whl.ch provl.ded l.nformational copl.es of Sl.te plans. At the con- clusl.on of the meetl.ng you l.ndl.cated, as I recall, that, upon further reflectl.on on the plans and consultatl.on Wl.th the Cl.ty Attorney, you would respond to us wl.th the Cl.ty's reactl.on to the Sl.te plans. The response, I bell.eve, was to be l.n the context of Mr. Healey's com- ments to the Cl.ty Comml.ssl.on on June 16, 1983 as rel.terated in your letter to me of June 27, 1983. Whl.le we understand that we cannot require the City to respond formally to ~J. Hegner's letter and our meetl.ng, we feel that l.t l.S benefl.cl.al to all partl.es l.f each l.S fully aware of the other's l.nten- tl.ons and posl.tl.on. In thl.s way there wl.ll be no ml.scalculatl.ons and unforeseen results. We look forward to your response. courtesies. Thank you for your previous Very truly yours, L )y~ . I J L-/,--.. Dennl.s P. Thompson DPT/sco cc: Frank Kowalskl., Esquire C. Frank Hegner . -.../ "- 'lW , \ C FRANK HEGNER PROJECT M-ANAGER @> USS Realty Development Division of United States Steel Corporation 200 ST ANDREWS DRIVE BELLEAIR FLORIDA 33516 813/443-063\ )-- , jJ 1/~') p(t,~~! :;J / July 8, 1983 }Ir. Anthony L. Shoemaker City Nanager City of Clearwater P. O. Box 4748 Clearwater, FL 33518 (l (, Re: U. S. Steel Sand Key Properties Dear Mr. Shoemaker: Enclosed is a tract map identifying our undeveloped Sand Key propert1es together with informat1onal copies of site plans illustrating how we intend to develop those tracts. Th1s sub~ttal 1S for your 1nformat10n and 1S pursuant to our several conversat10ns on the matter. It has been d1scussed and agreed between us that provis1ons of 1961 zon1ng and subsequent court orders under which these propert1es are governed do not requ1re s1te plan approval by the C1ty of Clearwater. Therefore, these courtesy s1te plan subm1ttals, 1n antic1pat1on of making app1icat1on for building perm1ts, do not constitute a waiver of our r1ghts under the court orders w1th respect to 196~ zon1ng pro- vis1ons. It, therefore, 1S expected that the City will not take except10n to our plans for these s1tes when app1icat1ons for building perm1ts are submitted. Please acknowledge that these plans fall with1n the parameters of zoning requirements established by Circu1t Civ11 No. 78-4765-7. If you require further information or explanation about the enclosures, ~ w1ll be most happy to cooperate. Very truly yours, - --- C. F. Hegner Crn/sab Enclosures cc: D. P. Thompson, Esquire . C I T Y o F C LEA R 'V ATE 11 POST OFFICE BOX 4748 C LEA R W ATE R, F LOR IDA 3 35 1 B OFFICE OF PLANNING DEPARTMENT June 29, 1983 Mr. Ken Cheezem, Vice President Cheezem Investment Program I, lTD. Cheezem land Corporation 7820 38th Avenue North St. Petersburg, Florida 33710 Dear Mr. Cheezem: I am writing in response to your letter of June 16, 1983 con- cerning properties located on Gulf Boulevard, identified by. you as "1330 and 1340 Gulf Boulevard." Pursuant to your request for notification in writing prior to July 1, 1983, this is to advise you that the City of Clearwater does, in fact, object to the attached preliminary design and does not agree to accept and process building permit app1ication{s) submitted, based solely on conformance with the City of Clearwater ordinances in effect ~n December 31, 1961. It is the City.s position that the preliminary design information submitted by you represents a gross disparity with not only the current requirements of the City as to building height limi- tations; front, side and coastal construction control setback requirements; and density, clear space, parking, bui1ding separation distance, and floor area ratio requirements, but also with the development experience of U. S. Steel on Sand Key. Such wholesale departure from both existing standards and the de- velopment norm, given the changed conditions which have occurred and are occurring on Sand Key, poses a potential threat to the health, safety and welfare of the community and is unacceptable. The City of Clearwater does not interpret or believe that it was the intent of the court decision with respect to the litigation with U. S. Steel Corporation that absolute and unbridled waiver of all acceptable standards, even in the face ,of changed con- ditions, would be provided to any successor in title. HE qual Employment and Affirmative Action E mpJoyer" .. 1.\ r. f~ c n C h c e z em, V 1 C e Pre S 1 a e n t June 29, 1983 Page 2 The City 1S prepared to discuss with you plans for the re- development of this property that are consistent with the design parameters observed by U. S. Steel Corp. under the court decision to which you refer. Absent a willingness on the part of the Cheezem Corp. to adhere to guidelines consistent with the public health, safety and welfare, the City will have no recourse except to seek judicial relief through a declaratory judgment to fulfill our municipal responsibilities and protect the public interest. I trust this is responsive to your inquiry and reiterate the City is willing and anxious to meet with you to arrive at a development proposal that is mutually acceptable and recognizes the constraints that U. S. Steel has operated under since the court decision. Sincerely, Elizabeth S. Haeseker Assistant City Manager - IS()ulH 6E:..A~f-\ 1=- I . . I CfG U~Jl1S- -'6 FLoOa(.+-p~HUUS6- ! 1. . l{7 AC + 0\.(,0 PJ--- L CotVlMV,i :::: ~. 0'7 A C-.- ;Lo 0;6 OPC/J ~S- fT ,0 SEAw^L-L. '6r2- rCET' A.~A- SPpc C I I I <(, oUI ~ 13 E:.(.\ q.{ .IT. 9 b UN ITS - '8 FLoDR.~ + .?eUT HavSC.. - 3.2... FE: E- r-- ;:2.'-17 Ae- -+- O.bOj!\C- . ~ '-OWlfV70,J ~t:("'[Fi. a" -;::: '3. ci 7 /) c- ~ 0 roo P t. IJ sPA c- C 5~ Fr \0 ~~f-\Lv'4l-L. S 0 JT W rB EA, c W J..I I . 11.{"3 lJ (}.i iTS - \2- ~TO fLY \"56 Pr' L( A~S>: 2 S- % if&.) '5PAc-E. 2-0 PI F~OM S'E4w~ L- L. souTH r3 eAc c...{- J;L 1l{5 U1JtT~ Lf . G 0 A cQ.-E:.-5 . . ~D FT Fe... 0 fV1 j . 12 5-ro(2y' \ s- W( b oPRJ S'EA W~ l- L-. , ~ b r1~ ~ r'A c- 6. i 14.~ 41K ~~ ill'Sf . S' 411 I 1 ~ A rJ 0 (vi A K K '\ 0 W c: ,2..__ ~ 1 LI L( u tJ 11 S - 2. 0 fL. Cl or( ~ \ 7 5' F L E:." Lf. 00 A C.f<- Cc: - ;J.. 7 0(0 () PeN SPA c-:c.. 70FT '\ D ~ ~ A W A L- L- t;;6~ ,0 wEa-t; 7'L u,Jtl<; - C( FLOcJ{(c; - ctL FEEL ~\~~ Ac.~c<. ~300 oPE,J ~PA~t.... 7c)FT -\-Q .s~AWt1C-L. H- A rZ Bo rz. L-l G-I-/T To w ErZ. S. \~b UtJrTS- \r FLOO~~- /72- 3 , 1..t c.J A CJlLEc; '3 l u,{ OP ~,J . 3 ~ F"\ ,--0 se,qw fJ Ll-. . Fe;: LT- S PI).. Co LlGl+r-HouSE 1-oLJ5~S )L[L{ U~ lT~ - \~ ~ \ ~ 0 A cr:<.. t;.~ L..t 0 ~c;e( "\- a - FLEt' ~PAc.G ~LOQ~ - 1<67 ~ (; % 0 Pc:..J.J ~ ~A w A-~ '- { I I Sou 7 H _ BAt( /2 ~ LJ iJ n ~ ~ f3(,[)(;~- '1 Ftoo({S g~,A i )D\~'3 Ac~('5. 200/0 opUJ S~c~ 2...0 F5~T ,0 PL-. , 1 I . )5')' r~r, ~b :,It / . ,~~@f~~uwl.~\! I' ..----- . - - . . ii i'~ JJ'1 I 6 or I, '\\l~ _ ::.-~- - ';'';, ~-- - -.:; -,., -- .... _ 7 _~~, - -- -- .~ '1 Cheezem Land Corporation June 16, 1983 7820 38th Avenue North 51 Petersburg Flonda 33710 (813) 344.f>481 Ms. Elizabeth S. Haesaker Assistant City Manager of City of Clearwater City Hall Annex 10 Missouri Street Clearwater, Florida Operations Re: Properties located at 1330 and 1340 Gulf Boulevard Clearwater, Florida Dear r~. Haesaker: As requested during a meeting held in your office on June 3, 1983 \vhich was attended by you, Mr. Frank Kawolski (City Attorney's office), Mr. David Healey (Planning Department Director) and John Corbet (Cheezem Land Corporation), the preliminary design information for the captioned properties, although not required by applicable ordinances and zoning codes, is submitted herewith. This preliminary design has been prepared under the provlslons of the "B" Business District pursuant to the City of Clearwater's ordinance Nos. 627, 6~2, 726, 753, 798 and 912 which have been certified by the City Clerk as being the zoning code and amendments thereto in effect as of December 31, 1961, at which time these properties were annexed into the City of Clearwater. The above ordinance nUr.lbers, the "B" Business District zoning desig- nation and the successor-in-title rights for the captioned properties were established as a result of the following litigation between the City of Cleanvater and United States Steel Corporation in which United States Steel Corporation prevailed: 1) Circuit Court for Pinellas County, Circuit Civil #78-4765-7 Summary Judgment; 2) Second District Court of Appeal, Case #79-178; and 3) Circuit CourtforPinellas County, Circuit Civil #78-4765-7, Order on r,1otion for Contempt. Please be advised that Cheezem Investment Program I, Ltd. purchased these properties from U.S. Steel Corporation and acquired successor-in-title rights running with these prooerties as established by the above reference9 litigation. : The enclosed preliminary design has been prepared to be in conformance \vith the City of Clean1ater's ordinances, zoning code and applicable ar.lend~ents which were effective on December 31,1961. We are ready General Partner of Cheezem Investment Program I, Ltd., a Florida LImited Partnership. . l'ls. t.llzabctll ~. Hacsaker - c. - June Ib, I~uj to COlTD1lence \'nth the preparation of the specifled lot plan and all architectural, structural, civil, ~echanical, electrical, plu~bing, etc. wo(king dra\1ings for building permit application(s) submission. Unless we have been notified to the contrary in writing by the City of Clearwater prior to July 1, 1983, it shall be construed that the City of Clean~ater has no objections to the e~closed preliminary design and has agreed to accept and orocess the building permit application(s) to be submitted in confornance \/ith the City of C1ean~ater's ordinances, zoning code and applicable anendments which were effective on December 31, 1961 and to issue the appropriate building pe~it(s) accordingly. Very truly yours, C~!::EZE~1 n ESH1ENT PROGRAM I, L TO. By: CHE EM L -CORPO~~TIQ~ as Ge Partner ,~ )/ en Cheezem Vicelrsident KC:csh Encl. cc: Hr. Frank Ka\,!Olski, Cit.Y Attor'1ey's Office Hr. David Healey, Planning Department Director . . 'i i i 5Af~__k:/E_0~ I . - , I 10 I HEl6-f-\T . 8fJ'4>"N//-/'50/ r~;' I I . (t) 6f::T13^.ck . /) / - )..-/ . / I! / ~ (0- r~l-tT- .;CO..#7VVn - ~J ~-u::u/r ~'~C/ (J):$IDE - . -+. -r--- /. ~/t( . /. /) / . / ~~----~ ..J ~~ (2D/o ~)- I03.~/~~..,~ ~/f/~r~);- /~5~/5~ Ic) CLLL - c~>vn-f n q 0 ~-,;LI j)G:~5r-r'-? . I B7d"'-~-kJo-.,~~/2'fOo!u_ j-/~ ~~ b LLFAR ~-P,Ac-E . ffYIO.3/ ~'r/I5' ~ PA\2la~ : oW r-=" -+- A -f ~ - "-<-t' ;:;j /?E:O ~ ~-:L/ BUlLDlN.Gz SEPAL"'<.A.llohL bl~t ~ 37-5/ --"/'OIj 33~ EA.~- 1.~~/3-ef>~ I I I ~~oJ.l~ "\3f\::Eb I _:, OJ-l ~ R~ 7th /83 - - - - - - ~- - - -. , -- - --.. ~ -- CITY OF CLEARWATER Interdepartment Correspondence Sheet TO: FROM: COPJ ES: SUBJECT: DATE: City Manager Anthony L. Shoemaker Dav1d P. Healey, Planning D1rector Thomas A. Bust1n, City Attorney; Frank X. Kowa1sk1, Chief Asst. C1ty Attorney; E11zabeth S. Haeseker, Asst. City Mgr. Cheezem Development on Sand Key September 7, 1983 C1ty Attorney Tom Bustin and I met with represen~atives from the Cheezem Development Corporation on Thursday, September 1, to review their follow-up proposal for the development of the IInorthll site (between Sheraton Sand Key and Landmark Towers) and the IIsouthll site (between the tennis courts and 5e...~---~ ). As you are aware, our discussion with them was initiated w1th the1r proposal to place 240 residential units plus one (1) commercial unit on thellsouthll site on the premise that they were entitled to develop 1n accord with the 1961 zoning regulations referenced in the U. S. Steel court decision. Their a1ternat1ve proposal 1nc1udes the fo110w1ng: 1. Development of 192 un1ts on the IIsouthll site in one 18-story bU11ding (16 11ving levels, 1 park1ng level and 1 amenity level) plus approximately 2500 sq. ft. of office building on a gross acreage of 3.895 acres. This yields a~resident1a1 density of 49.2 units per acre; ,_55 2. On the IInorthll slte they propose 4 bU11dings, 2 of Wh1Ch would be 22 stories (21 living levels plus 1 parking level) and 2 at 10 stor1es (8 living levels above 1 park1ng level and 1 amenity level). Total unit count would be 468 units on the approximate 15 gross acres (inclusive of 6 t acres forward of the Coastal Construct1on Control Line) which would equate to a den s i ty 0 f a p pro xi mat e 1 y 31.2 un its per a ere; and 3. On both sites they would request the parking require- ments be adjusted from 1.5 to 1.0 parking spaces per unit. /' -t - C1ty Manager Anthony L. Shoemaker September 7, 1983 Page 2 I have identified below the comparison for both sites with those requirements of the existing regu1at1ons. Attorney George Allen 1ndicated that it would be the1r preference to reach agreement along the lines they have outlined; that such agreement would need to include suff1cient legal surety in the form of a court stipulation; and that time was of the essence in reach1ng such an agreement. In essence, they are proposing to IIvo1untari1yll reduce the scope of the project on the IIsouthll site, the re- qU1rements for which are in question, in return for additional he1ght, density and park1ng concessions on the IInorthll site which is governed by current CTF-28 zoning requ1rements. In addition to the merits of any such trade-off, we need to answer the procedural quest10n of transfer eligibility and authority. As I 1nd1cated I will reV1ew the matter with the City Manager and City Attorney, inc1ud1ng whatever input you deem appropriate from the City Commission, and respond by telephone by Monday, September 12, as to our posit1on and the need and timing for add1tiona1 discuSS1on. DPH:bd p .. ~~~~ C FRANK HEGNER PROJECT MANAGER 'ii88' USS Realty ~ Development Division of United States Steel Corporation 200 ST ANDREWS DRIVE BELLEAIR FLORIDA 33516 813/443-0631 }- t,'l-.... !j I -1 :t\:'V ) ~~ . PCtN~1 ~ / (L~ ' . July 8, 1983 Hr. Anthony L. Shoemaker City Hanager City of Clearwater P. O. Box 4748 Clearwater, FL 33518 Re: U. S. Steel Sand Key Properties Dear Mr. Shoemaker: Enclosed is a tract map identifying our undeveloped Sand Key properties together with informational copies of site plans illustrat1ng how we intend to develop those tracts. This submittal is for your 1nformation and 1S pursuant to our several conversations on the matter. It has been d1scussed and agreed between us that prov1sions of 1961 zoning and subsequent court orders under which these propert1es are governed do not require site plan approval by the City of Clearwater. Therefore, these courtesy site plan submittals, in antic1pat1on of making application for build1ng permits, do not constitute a waiver of our rights under the court orders w1th respect to 1961 zoning pro- visions. It, therefore, is expected that the City will not take exception to our plans for these s1tes when applications for building permits are submitted. Please acknowledge that these plans fall within the parameters of zoning requ1rements established by Circuit Civil No. 78-4765-7. If you require further information or explanation about the enclosures, we w1ll be most happy to cooperate. Very truly yours, " / """"-- ' / 1 r L.. 1';'_/1 _ ~ C. F. Hegner CFH/sab , , , Enclosures cc: D. P. Thompson, Esquire r7 "- ~ t{}A 1'l1/""\,2;:r--- ~ ~ ., ~~ ~ T ...-/: ! , I /--r ....1 S-' (--.~ : l' i, ,;~ / / "', ,~"Cf- . ,A' _ ~ t' "- August 24, 1983 Mr. C. P. Hegner U.S.S. Realty Development 200 St. Andrewa Drive Belleair, FL 33516 Dear Mr. Hegner: On behalf of the City of Clea~B:te.t:t. I ,have, .ith the assistance of my professional staff, reviewed t~~.~~e.~~~~ ~u~tted to the City 6n regard to U. S. Steel Sand Key Proper~~es ~~~er cover of your July 8, 1983, letter and Dennis Thompson's follow-up le~~e.t:.of AuBuS~ 1~, 1983. Please accept this letter as official notice that.tqe ~it3 of _G~earwater does not agree wtth your expectation that the devel..o~ent _con~emplated in the plans "fall within the parameters of (the) ~on~ng.~eq~~r~n~s_~~abliahed by Circuit Civil No. 78-4765-7." The proposed develoJI!IDe.nt involves a significant departure from the character and magnitude of .~~~al;. deve.lopment on the island and repre- sents a draa tic eba~e~ in c~ndi~io~s.f.t: ,~he. island. MOreover, the scope and scale of the development now p~o~B:eq ra~ses 8erio~ questioDs in regard to the City's reaponsibilities an4~ow~r ~o i~sq~ bqilding permits under the provi- sions of section 380.06 of the.~~o~i4~ ~tatutes. The City ia ready to discuss it~po~iti~~ w~~h~ou and your representatives and sincerely hopes that an un4e~st~~d~~ may ~e rea~hed aa to the force and effect of Judge Driver's order ~~~.~o~trolling l;.aw. However, I feel obligated to advise you that the signifi~~n~ ~~~g~.~n conditions on Sand Key which 1s proposed by persons claiming rigq~~.undet: ~he ,court order raises serious ques- tions as to the continuing eff~~t ~f .~he.de.cisi~n~ The City does not believe that the intended parameters aq4.effectpf the order contemplated development which far exceeds the characte~.B:dd ~gnitude of development at issue in U.S. Steel v. the City of Clearwa~er~. . __ . Let me reiterate the City's deB:~t:e.~o.WQt:k with your company in this matter, and I hope you will avail yourse.~f .of .my ~qvitation to meet aed discuss this matter. Very truly yours, Anthony L. Shoemaker City Manager LAW OFFICES ~~ \\)0/ RICHARDS, NODINE, GILKEY, FITE, MEYER & THOMPSON, P A RICHARDS BUII..DING 12S3 PARK STREET RAI..PH RICHARDS (1893-1980) WIl.L.IAM W GILKEY JOHN D FITE LARRY K MEYER DENNIS P THOMPSON JOHN E S~AUGHTER JR EMI~ G PRATESI ..I MARVIN GUTHRIE R CARI..TON WARO CI..EARWATER, FI..ORIOA 33516 (813) 443-3281 WILLIAM e: NODINE OF COUNSE:L August 18, 1983 SAI..I..Y FOOTE CORCORAN GARY R PRESTON ROBERT M PETRI~~O PATRICK T MAGUIRE ~Q [~~ ~ ~n ~ [ill , 1 \ I , _ L. A' r-. 'U - ~ '1983 Mr. Anthony L. Shoemaker City Manager City of Clearwater P. O. Box 4748 Clearwater, Florlda 33518 ~ -ry t..~l..j ~..."\O~~ Dear Tony: Recently, Frank Hegner and I met wlth Dave Healey and you to provlde information concernlng U.S. Steel's further plans on Sand Key. This meeting was preceded by Frank Hegner's letter of July 8, 1983 whlch provlded informatlonal coples of slte plans. At the con- clusion of the meetlng you lndlcated, as I recall, that, upon further reflectlon on the plans and consultatlon wlth the Clty Attorney, you would respond to us wlth the City's reactlon to the slte plans. The response, I belleve, was to be In the context of Mr. Healey's com- ments to the City CommlSSlon on June 16, 1983 as reiterated In your letter to me of June 27, 1983. Whlle we understand that we cannot require the City to respond formally to Mr. Hegner's letter and our meetlng, we feel that it is beneflcial to all partles If each lS fully aware of the other's lnten- tlons and posltlon. In thls way there will be no mlscalculations and unforeseen results. We look forward to your response. Thank you for your prevlous courtesles. Very truly yours, C)~ I JL--;- Denn1s P. Thompson DPT/sco cc: Frank Kowalskl, Esqulre C. Frank Hegner LAW OFFICES Siemon, Larsen & Purdy 200 SOUTH WACKER DRIVE CHICAGO. IlliNOIS 60606 TELEPHONE 312-876-1560 August 21, 1983 /dt rf/i a t!ll- f ! 71 Mr. David P. Healey Planning Director City of Clearwater P. O. Box 4748 Clearwater, Florida 33518 Dear Dave: Enclosed for your review is a draft response to the u.s. S. Realty Development letter of July 8, 1983. For your convenience, I have enclosed both single-spaced and double-spaced ver sions for your ease in ed i ting, should the City find that desirable. Also enclosed are copies of the draft response and this cover letter for Messers. Shoemaker and Kowalski. Please call us if you would like to discuss the draft. Very truly yours, Susan G. Connelly SGC:col Ecn. / CC: Anthony L. Shoemaker/ Frank Y. Kowalski, Esq. / '~ ~ ,\~ I' \ '" '- / 'y' ! \. \ "7 '-J I'. \' ~ . \ " I ( (. ~J '(I \ I / r"\ \/ / \ \ ' / \"..' \ ! \ (' '\ (, , \ , Mr. C. F. Hegner U.S.S. Realty Development 200 St. Andrews Drive Belleair, Florida 33516 (), ~ ;-1_ - {I c'" U \ ( 11- )' \ . I.' t \ \; \ '\ {) {. L;\'v~[ '~" {1,~ ~ \.' ~ & ,)Jc ~ Dear Mr. Hegner: ----..... ',,- On behalf of the City of Clearwater, I have, wi th the assistance of my professional staff, reviewed the materials submitted to the City in regard to U. s. Steel Sand Key Properties under cover of your July 8, 1983 letter. Please accept this letter as official notice that the City of Clearwater does not agree with your expectation that the development contemplated in the plans "fall within the parameters of [the] zoning requirements established by Circuit Civil No. 78-4765- 7." The proposed development involves a significant departure from the character and magnitude of nominal development on the island and represents a drastic change in cond i tions for the Island. Moreover, the scope and scale of the development now proposed raises serious questions in regard to the City's responsibilities and power to issue building permi ts under the provisions of section 380.06 of the Florida Statutes. The City is ready to discuss its position with you and your representatives and sincerely hopes that an understanding may be reached as to the force and effect of Judge Driver's order and controlling law. However, I feel obligated to advise you that the sign ificant change in cond i tions on Sand Key wh ich is proposed by persons claiming rights under the court order raises serious questions as to the continuing effect of the decision. The City does not believe that the intended parameters and effect of the order contemplated development which far exceeds the character and magnitude of development at issue in U. S. Steel v. the City of Clearwater. Let me reiterate the City's desire to work with your company in this matter and I hope you will avail yourself of my invitation to meet and discuss this matter. Very truly yours, Anthony L. Shoemaker City Manager City of Clearwater ~ ~ ~ " ~ URAfT August 20, 1983 Mr. C. F. Hegner U.S.S. Realty Development 200 St. Andrews Drive Belleair, Florida 33516 Dear Mr. Hegner: On behalf of the City of Clearwater, I have, wi th the assistance of my professional staff, reviewed the materials submitted to the City in regard to U. S. Steel Sand Key Properties under cover of your July 8, 1983 letter. Pl-ease accept this letter as official notice that the City of Clearwater does not agree with your expectation that the development contemplated in the plans "fall within the parameters of [the] zoning requirements established by Circuit Civil No. 78-4765- 7. n The proposed development involves a significant departure from the character and magnitude of nominal development on the island and represents a drastic change in conditions for the Island. Moreover, the scope and scale of the development now proposed raises serious questions in regard to the City's responsibili ties and power to issue building permi ts under the provisions of section 380.06 of the Florida Statutes. The City is ready to discuss its position with you and your representatives and sincerely hopes that an understanding may be reached as to the force and effect of Judge Driver's order and controlling law. However, I feel obligated to advise you . ~ that the significant change in condi tions on Sand Key which is proposed by persons claiming rights under the court order raises serious questions as to the continuing effect of the decision. The City does not believe that the intended parameters and effect of the order contemplated development which far exceeds the character and magnitude of development at issue in u. S. Steel v. the City of Clearwater. Let me reiterate the City's desire to work with your company in this matter and I hope you will avail yourself of my invitation to meet and discuss this matter. Very truly yours, Anthony L. Shoemaker City Manager City of Clearwater ( ... Elizabeth S. Haeseker, Chairman, ROC, r "{Y OF CLEARWATER I. _rdepartment Correspondence Sheet LI ~t4 (',-/ UW'i1;: 14- Assistant City Hanager -/ () VVL ".5 . ~- . ,. . . . TO' ~. Bustin, City bttorney FROM: David P. Healey, Planning Director ." COPIES: SUBJECT: Cheezem Development on Sand Key DATE: August 1, 1980 At the Resource Development Committee meeting of July 25, the Committee considered requests for a waiver of the community impact statement and for preliminary site plan approval of ~uilding Ill, Sea Towers at Sand Key, on property which was the subject of a stipulated settlement agreement between the City of Clearwater and the Cheezem Development Corp. (one unexecuted copy attached). In the meeting with the Resource Development Committee, the attorney for 'the Cheezem Development Corp. assumed the following positions regarding the two separate actions before the Committee: (1) With regard to the community impact statement, Counsel represented it was incumbent upon the Committee to ~aive tbe community impact statement unless to do 80 would pose 8 threat to the health, safety, morals and general welfare of the City (see paragraph 5 of the attached Agreement). Tbe Committee was divided with respect to the value snd need for an impact statement, given that the number of dwelling units is set under the stipulated Agreement. We were uncertain, however, given the position of Cheezem's legal representative, as to whether we had a right to ask for a community impact statement if we deemed it appropriate. In essence, does the stipulated ~ettlement affect the City's otherwise applicable require- ment governing the submission or waiver of a community impact statement? (2) With regard to the site plan, Counsel for the applicant took the position that the otherwise applicable requirements of the Zoning Ordinance, specifically the setback and waterfront vista provisions, could not be applied to the subject project unless a showing was ~de that the health, safety, morals or heneral welfare of the City were threatened by their not being met. It is Cheezem's position that paragraph 3 of the settle- ment entitles them to a specific building dimension and thus to exemption from the setback requirements. The Committee finds it necessary to solicit your reading of the settlement agreement a8 to whether the applicable re- quirements of zoning, other than the building height and number of dwelling units, apply to the review of 'the site plan. r As a result of these questions, action on both the request for waiver and site plan approval was continued pending your opinion. The next scheduled meeting of the Resource Development Coumlttee is August 15, prior to which we would very ~ch ap- preciate your counsel and direction with the ~bove two questions. DPB: bd Attachment '". / ( J ~ I (-" . I I hP~-1 j?- (i~ IN THE CIRCUIT COURT FOR PINELLAS COUNTY, FLORIDA a. CIRCUI~ CIVIL NO. '74-8295-18 74-8333-17 CHEEZEH DEVELOPNENT CORPORATION, ) a Florida corporation, ) ) Plaintiff, ) ) vs. ) ) THE CITY OF CLEARWATER, FLORIDA, ) etc., et al., ) ) Defendants. ) STIPULATION FOR SETTLEMENT AND ENTRY OF fINAL JUDGMENT\ '. J IT IS HEREBY STIPULATED AND AGREED by and between counsel for plaintiff and counsel for defendants that the foregoing - cause be settled upon the terms and conditions as specified -- ----=-.. -------- --- --- ~- - -=- --- - in this stipulation and that a final enforceable judgmen~~ entered by the Court recognizing the stipulation which shall --~ - have the full f~rce and effect of law: 1. CHEEZEM DEVELOPMENT CORPORATION shall have the right .,.. to build that certain building known as Sand Key No. 3 at 144 units with a height restriction of 167% feet. CHEEZEM DEVELOP- r MENT CORPORATION shall not be required to redesign the building and shall build said building known as Sand Key No. 3 on CHEEZEM'S lot designated for building of Sand Key No. 4 which is CHEEZEM'S property lying to the south of Sand Key No.3. 2. CHEEZEM DEVELOPMENT CORPORATION shall have the right to build Sand Key No. 4 and shall be restricted to building said building at 72 units with a restriction of 100 feet in height. - CHEEZEM DEVELOPMENT CORPORATION shall build Sand Key No. 4 on the lot specified for the building of Sand Key No.3. 4' . ' '..~ ( \ ( r I 3. CHEEZEM DEVELOPMENT CORPORATION shall grant to the CITY OF CLEARWATER a ten-foot easement for access by the public .. on the south edge of CHEEZEM DEVELOPMENT CORPORATION's property. The location of the easement shall be mutually worked out between the parties after final development plans have been concluded and prior to the release of any building permits associated with the development covered by this stipulation. The CITY OF CLEARWATER shall then submit its proposed document for filing of record the easement which shall then be signed and returned to the CITY OF CLEARWATER for filing. 4. The development rights conferred under the terms of this stipulation for settlement shall be commenced within a period of five (5) years from the date of the final judgment ratifying this stipulation. 5. .The defendant, CITY-OF CLEARWATER. agrees that at no . __ ____~_time-'Will it. in the Iuture.-by any__act._seek to prohibit plaintiff from developing its property in accordance with the ~. terms of this stipulation and the judgment to be entered thereon. This particular stipulation shall not be construed to abrogate the CITY OF CLEARWATER'~ police power with respect to the property where it can show'that activity of ongoing or contem- plated which poses a threat to the health, safety, morals or general welfare of the defendant municipality and its citizens. The City will not use its police power in any way to abrogate the development rights as conferred in this agreement. 6. This Settlement Agreement shall represent a full and . final settlement of all existing claims betwee~ the parties which resulted in this litigation. 7. The parties jointly request the Court to recognize this stipulation and enter a final judgment in this cause which shall be fully enforceable according to law consistent with the stipulations herein. - 2 - . ...' " " ~ . , (- DATED this day of a. ,) --P I T. ALLEN. 4 8 Central A S . Petersburg. (813) 381-0126 Attorney for Plaintiff - - -".'----" -- -....--- -- --::...~- -,.- - -- I ' ( r l , 1978. ,. - 3 - THOMAS A. BUSTIN City Attorney P. O. Box 4748 Clearwater. FL 33518 (813) 442-6131 Attorney for Defendants ~ , \ \ \ LilY OF CLEARWATER I nterdepsrtment Correspondence Sheet TO David Healey, Planning Duector f'e -~.. ,~ '- FROM Thomas A. Bustin, City Attorney OCT 17 1919 COPIES Max Battle, Public Works Director , P~NNlNG l?~~nrlENT SUBJECT Sand Key Beach--Cheezem Development DATE October 16, 1979 Responding to your memorandum of September 25, 1979, regarding the above captioned easement to be granted by Cheezem Development, you are advised as follows: (a) When the easement is obtallled, the City should also request Cheezem Development to provide a release of mortgage as to the easement area. With the release of mortgage the City would be protected should an absolute foreclosure of the property take place. (b) The settlement should be viewed in the nature of a contract. Examination of the document does not disclose that if the City takes the easement, the development rights contained therein will be further extended. See for example paragraph 5 of the settlement. ~ (c) It may be best to get the release discussed in (a) under the beach nourishment program since both Cheezem and the mortgage holder will profit from the program. TB: br ---- .r 'I / / ./'- ~. c:~,- ) ,~J/ ~..-- ~II ~~~.. ~~ :- :--;:" .JL{./ t--',- r I Thomas A. -Bustin City Attorney , , (...fV OF CLEARWATER Interdepartment Correspondence Sheet FROM TO Warren Renando, Planning Director Marybeth Lavallee, Asst. Clty Attorney RECEIVED COPIES SUBJECT DATE tIS 116 1977 PLANNING DEPARTMENT August 15, 1977 We need an answer to the enclosed Interrogatories by August 26, 1977. Inasmuch as they are creatmg a record to be used at a later date, can you advise us of any information that we would want to put into the record in order to support our position? Marybeth Lavallee Assistant City Attorney /sc Encl. ~ ..,.., 1:1 THE CIRCUIT COURT FOR PUmLLAS COUNTY, FLORIDA CIRCUIT CIVIL NO. 74-8333-17 CHEEZEH DEVELOPI1EUT CORPORATION, ) a Florida corporation, ) ) Petitioner (Plaintiff) , ) ) vs, ) ) THE CITY OF CLEARHATER, FLORIDA, ) etc , et a1. , ) ) Respondents (Defendants) . ) INTERRO GAT o R I E S TO: THE CITY OF CLEARWATER, FLORIDA THm1AS A. BUSTIN City Attorney P.O. Box 4748 Clearwater, FL 33518 Petitioner (Plaintiff), CHEEZEM DEVELOPMENT CORPORATION, by and through its undersigned attorney, hereby propounds to the respondent (defendant), THE CITY OF CLEAR~JATER, FLORIDA, pursuant to Rule 1. 340 of the Florida Rules of Civil Procedure, the attached Interrogatories, answers to which ~vill be due uithin thirty (30) days from the date of service. I HEREBY CERTIFY that a copy of the above and ~oregoing has been furnished by mail to the Clerk of the Circuit Court and that the original and one copy has been furnished to the above-named attorney for the respondent (defendant), this 29th day of July, 1977. ~ /. JO- Li.J T. ALLEN, J , 03 Central Ave: t PetersbU~b' (813) 381-0126 Attorney for Petitloner Plaintiff) , a ~ I N T ERR 0 GAT 0 R I E S 7. Please state whether or not the City of Clearwater has ever agreed to development pursuant to a master plan, and if so, the name and address of the individual with whom the agreement was reached, the date of the agreement, the terms of the agreement, and the position of the City of Clearwater as to whether or not it is now currently honoring such agreement to develop according to such master plan. 7 . - 2 - t i l-; , ATTORNEY FOR RESPONDENT (DEFENDANT) RESPONDENT (DEFENDAnT) STATE OF FLORIDA ) COUNTY OF PINELLAS ) BEFORE ME, the undersigned authority, personally appeared who, upon being first duly sworn, deposes and says that he is the duly authorized representative of the respondent (defendand) in this cause at issue and he has read the above and foregoing answers to Interrogatories and the same are true and correct to the best of his knowledge and belief. RESPONDENT (DEFENDANT) Sworn to and Subscribed Before Me this day , 1977. of Notary Public My Commission Expires: CERTIFICATE OF SERVICE I HEREBY CERTIFY that the original has been filed with the Clerk of the Circuit Court, and a copy has been furnished to JOHN T. ALLEN, JR., P.A., 4508 Central Avenue, St. Petersburg, Florida 33711, Attorney for Petitioner (Plaintiff), this day of , 1977, ATTORNEY - 3 - ~~7a> A?eMtzJJl L-OLAT\ 61..J ::, 0~D!S-re..e..tv11 ~E0 \ ",0' t~ ~ ~~ 1 ,1t, 10 Public Ace... Eo.. 10' In gr... Egr... Eo.. 10' Public Access Eose 5' p.d..lrlon Eo.. 7212-673 5' P~de.tr1on Eo.. 7791-1555 I" I 5 Public Access Eose publ\~ Ace..' Eo.. 6037-749 ~j;l '" :/. ,I ,cl.' ,IIC' )1{( jitl "(, ;, ~, , tr." ,If:, t 4~ . q'i~1 I :t~ ! '>~" ' ( ~~ ! ] ~ t , ~ ~ 1 .~ I ~ f' 'I I' I _I<r"... (c...tJ....., t .' II ~ %/ ~ It;' ,'. " ,. [1 l,' 1\1 -\~il ..1~i ~~ I'll' ..1lf' . \I1Yd . '~~ , ~~I ~.. ,}l~,~ ,.?l~i 11~ ~~q ! I..~ t\-) t' rl~ )nt ~'-l ... ~ I J, " ., } .i , " " ' " '. I~ , l SAND KEY BA YSIDE PARK CITY OWNED PROPERTY 3991-1096 I' I ,', I, "i : ~