COPY OF LETTER FROM DEPARTMENT OF ADMINISTRATION TO ROBERT RHODES TALLAHASSEE
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STATE OF rLORIDA
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ilrpartmrut of AOUtiui.ntrntinu
Division of State Planning
660 ,Apalachee Parkway . IBM Building
Reubln O'D. Askew
'OVUWOI
TALLAHASSEE
R. G Whittle. Jr.
STATE !>LANNING OIRfCTOR
32304
W&llacc W. Henderson
neln.., IW 1OI1"1S'IA"CH
(904) 488-1115
January 27, 1978
Mr. Robert M. Rhodes
Post Office Box 1876
Tallahassee, Florida 32304
Re: Application for a Binding Letter of
Development of Regional Impact
File No. BLID 878-015
Countryside South Addition Reconsideration
Dear Mr. Rhodes:
The Division of State Planning has evaluated your application
for a Binding Letter dated December 21, 1977, received December 21,
1977, for a Reconsideration of the Binding Letter issued for the
U. S. Homes Countryside South Addition on July 12, 1977 (File
No. BLID 877-029). Based on the information contained in both ap-
plications, as well as information provided by the City of Clearwater,
the Division of State Planning enters the following findings of fact,
conclusions of law and order:
FINDINGS OF FACT
1. The applicant is Robert M. Rhodes, authorized representative of
U. S. Homes of Florida, Inc., which proposes to develop the Country-
side South Addition.
2. The property which is the subject of this determination is
located in Pinellas County in Sections 30, 31 and 32, Township 28S,
Range l6E. This area includes the Countryside South Addition as
well as tracts 45 and 48 of the Countryside Development.
3. The Countryside South Addition contains approximately 71.13 gross
acres and is described by the applicant to include: 4.86 acres in
Tract 82 and 17.46 acres in Tract 71 zoned for mUlti-family use;
48.81 acres zoned for commercial and office use. In addition, the
other part of this reconsideration includes: approximately 12.14
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Mr. Robert M. Rhodes
January 27, 1978
Page Two
gross acres in Tract 45, and 20.21 gross acres in Tract 48, both of
which are contigious to Countryside South Addition.
4. The Countryside South Addition is contigious to the larger u.S.
Home Countryside Development, which was the subject of a Vested
Rights Determination made by the Division of State Planning on
February 27, 1974. At that time it was determined that certain de-
velopments proposed in the land use plan dated July 12, 1972, had
acquired vested rights pursuant to Section 380.06(12}, Florida
Statutes, and was not required to comply with the provisions of
Section 380.06, Florida Statutes.
5. The Countryside South Addition was the subject of a Binding Letter
issued by the Division of State Planning on July 12, 1977, and is
the subject of this reconsideration. It was determined at that time
that the proposed addition, combined with additional property yet to
be rezoned, would constitute a Development of Regional Impact under
Chapter 22F-2.07 and .12, Florida Administrative Code. That deter-
mination was based on the rezoning of Tracts 45, 47, 48 and 49.
6. The rezoning of those tracts numbered 45, 47, 48 and 49 was ap-
proved by the Clearwater City Commission on August 18, 1977. As
mentioned in Findings of Fact No.4, the applicant had previously
obtained vested rights for certain developments proposed in the land
use plan dated July 12, 1972. A comparison of the uses proposed in
that plan for the tracts in question and the new zoning classification
is provided below:
Zoning 8/18/77
CP
CP
CP
RM-20
7. The zoning classification of Tract No. 48 was changed at the
August 18, 1977, meeting from RM-20 (high density multi-family to
CP [parkway business]). This involves a change in use from condo-
minium apartments to commercial development. The Vested Rights pre-
viously obtained by U. S. Homes to develop Tract No. 48 as a resi-
dential area have been relinquished by this rezoning and corresponding
change in use.
8. The adjacent property, as listed below, to the south Tracts 45,
47, 48, and 49 which is also owned by U. S. Homes, is slated to be
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Ivir. Robert 1-1. Rhodes
January 27, 197~
Page Three
developed commercially as well. In the Binding Letter issued by
the Division of State Planning on July 12, 1977, details of the
~roposal for that land submitted byU. S. Homes, to the City of
Clearwater prepared by U. S. Engineering Consultants, Inc., in
March of 1977, were presented. This information is contained below:
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. Mr. Robert M. Rhodes
J&nuary 27, 1978
Page Four
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9. Tracts 45, 47, 48 and 49 are contigious to Tracts 71, 72, 73,
74, 75, 81, B2 and 83 and are considered together as one develop-
ment.
10. The applicant has submitted an affidavit stating that "in the
Countryside South Addition and in portions of Tracts 45 and 48 de-
clared divested by the Division, and more particularly described in
the attached legal description, U. S. Home Corporation will not
develop in excess of the development threshold provided in Rules
22F-2.07, Office Parks, and 22F-2.12, Shopping Centers, Florida
Administrative Code, as adopted July 1, 1973."
They further affirm that "if it appears that U. S. Home Cor-
poration will develop in excess of such DRI thresholds within
Countryside South Addition, it will comply with the requirements
of Section 380.06, Florida Statutes." However, no specific develop-
ment plans currently exist for that portion of the development con-
tained in Tract 45 and Tract 48.
11. The applicable guidelines for the proposed development is
Chapter 22F-2.07 and 2.12, Office Parks and Shopping Centers,
Florida Administrative Code.
12. On December 30, 1977, notice of receipt of this request
was published in the Florida Administrative Weekly. No comments were
received in response to this notice.
CONCLUSIONS OF LAW
1. The portion of the development which remains subject to Section
380.06, Florida Statutes, review involves only a portion of Tracts
45, 48, 71, 72, 73, 74, 75, 81, 82 and 83 since a portion of Tract
45, 47 and 49 have retained vested rights.
2. If any proposed development located within the Countryside South
Addition combined with the rezoned portion of Tract 45 and Tract 48
exceeds the thresholds for Office Parks and Shopping Centers presumed
to be Developments of Regional Impact as outlined in Chapter 22F-2.07
and 22F-2.12, Florida Administrative Code, then such development shall
be subject to the provisions of Section 380.06, Florida Statutes.
3. The applicant has submitted an affidavit stating that the Country-
side South Addition and that portion of Tract 45 and Tract 48 previously
divested will not exceed the threshold for Office Parks and Shopping
Centers presumed to be Developments of Regional Impact. Therefore,
such development is not subject to review pursuant to the requirements
of Section 380.06, Florida Statutes, at this time. However, if sub-
sequent development plans substantially alter the facts and circumstances
upon which this decision is based, the proposed development may be
subject to the review requirements of Section 380.06, Florida Statutes.
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Mr. Robert M. Rhodes
January 27, 1978
Page Five
ORDER
The proposed development, Countryside South Addition, and the
rezoned portions of Tract 45 and Tract 48 is not required to comply
with the review requirements of Section 380.06, Florida Statutes,
at this time. However, when development plans are ultimately
finalized, a further determination pursuant to S380.06(4), Florida
Statutes, may be required.
Binding letter determinations are made pursuant to the pro-
cedural requirements of Section 120.57(2) or Section 120.57(1)7 if
appropriate. See Rule 22F-l.16, Florida Administrative Code (copy
enclosed). If you want to submit additional evidence in opposition
to this determination or to establish an appropriate record for appea~,
you may do so pursuant to Section 120.57 (2) (a) 2. I f you think a
material issue of disputed fact is involved in this determination,
you may request a proceeding under Section 120.57(1).
This determination does not obviate the need to comply with
other applicable state or local permitting procedures. Any questions
regarding this determination may be directed to Ms. Lynn Ekholm,
Bureau of Land and Water Management.
Sincerely,
./;;i!7~;,(~Z
R: I G. {"hi ~tie, Jr. /fr
State Planning Direcuor
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RGWjr/LE/kf
Enclosure
cc: Mr. Paul Bergman
Mr. Steve Logan
1'1r. Jay Landers
Mr. Chris Papandreas