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DRI2009-00001 - 430 Park Place Blvd - Park Place DRI.~ DRI2009-00001 430 PARK PLACE BLVD PARK PLACE DRI PLANNER OF RECORD: R T ATLAS # 291A ZONING: C LAND USE: R/O/R RECEIVED : 09/01 /2009 INCOMPLETE: COMPLETE: MAPS PHOTOS: STAFF REPORT: DRC CDB: CLW CoverSheet CDB Meeting Date: Case Number: Agenda Item: Owner: Applicant: Agent: Address: November 17, 2009 DRI2009-00001 E. 4. Glenborou~h Fund XII, LLC Glenborough Park Place, LLC Randy Coen Coen & Compan 430 Park Place Boulevard CITY OF CLEARWATER PLANNING AND DEVELOPMENT DEPARTMENT STAFF REPORT GENERAL INFORMATION: REQUEST: To amend the previously approved development order for the Park Place Development of Regional Impact (DRI) through the Notification of Proposed Change (NOPC) process to adopt a land use conversion factor for Parcel 7 for the conversion of retail commercial development to office development; allocate a total of 55,278 square feet of approved retail commercial development potential to Parcel 7; allocate a total of 10,200 square feet of retail commercial development potential to Parcel 9; and recognize the extension of the build-out and termination dates of the DRI until December 31, 2011. CURRENT ZONING: Commercial (C); Industrial, Research and Technology (IRT); ncc; ins. a ~ +;,.,, ins r~'S+ ' + viiiCC ~v), $iiu 1 reSei v'a~ivii ~i ~ Li ~iiC~S. CURRENT FUTURE Commercial General (CG); Industrial Limited (IL); Preservation LAND USE CATEGORY: (P); Residential/Office/Retail (R/O/R); and Residential/Office General (R/OG). DRI SIZE: 99.13 acres (4,318,810 square feet). DRI PROPERTY USES: Attached Dwellings, Manufacturing, Offices, Restaurants, and Retail Sales and Services. Community Development Board -November 17, 2009 DRI2009-00001 -Page 1 BACKGROUND & PROPOSAL: The Park Place Development of Regional Impact (DRI) consists of eleven parcels of land totaling 99.13 acres that are regulated by a development order and a Master Development Plan commonly referred to as Map H. Map H identifies the locations of the various parcels as well as the type of use permitted for the parcels and its related development potential (i.e. density or intensity). The following table denotes those permissible land uses and development potentials for the various parcels within the DRI: Land Use Development Potential Parcel la Light Industrial 100,000 square feet Parcel lb Office 63,300 square feet Parcel 2 Multi-Family 156 dwelling units Parcel 3 Multi-Family 234 dwelling units Parcel 4 Office 101,900 square feet Parcel 5 Office 120,560 square feet Parcel 6 Office 100,000 square feet Parcel ? Commercial 49,906 square feet Parcel 8 Office 82,179 square feet Parcel 9 Commercial 5,372 square feet Parcel 10 Commercial 11,303 square feet Parcel 11 Commercial 14,539 s uare feet * While still technically n single parcel within the DRI, Parcel 1 is listed as "a"and "b" due to the use of an approved conversion factor that converted a portion of the allocated light industrial development potential into office development potential. History of DRI Amendments: The development order for the Park Place Development of Regional Impact (DRI) was adopted by the City Council on September 1, 1983. Subsequently, on October 20, 1983, the City Council adopted an amendment to incorporate various recommendations of the 1 ampa Bay Regional Planning Council (TBRPC). At its meeting of December 19, 1991, the City Council adopted another amendment to provide 200,000 square feet for industrial development and reduce office development by 300,000 square feet; provide a floor area ratio (FAR) for industrial development; amend conditions based upon phasing; amend the developer's payment schedule; and extend the build-out date by five years. On January 19, 1995, another amendment was adopted by the City Council to modify phasing; decrease office development by 7,480 square feet; extend the build-out date by four years; add land use conversion factors for Parcels 1, 2, 3 and/or 8 for the conversion of office development to multi-family residential development, and from industrial development to either office or multi-family residential development (with the exception that Parcel 1 not have multi-family residential development); and modify conditions to reflect changes in the transportation network. On November 21, 1996, another amendment was adopted by the City Council to add a land use conversion factor for Parcel 4 for the conversion of retail commercial development to office and/or hotel development; and to reflect changes in ownership and configuration of the parcels within the development. Community Development Board -November 17, 2009 DRI2009-00001 -Page 2 On February 1, 2001, another amendment was adopted by the City Council to reduce the approved office and retail commercial development potential for Parcel 6; add a land use conversion factor for Parcel 6 for the conversion of office development to multi-family and/or hotel development; and extend the build out date by three years to December 31, 2003. On January 15, 2004, the City Council adopted the most recent amendment to the Park Place DRI which extended the build-out date by five years to December 31, 2008. Subsequent to this amendment, the State Statutes were amended [F.S. 380.06(19)(c)] to add language recognizing the 2007 real estate market conditions and extended all phase, build-out and expiration dates by three years for any DRI under active construction on July 1, 2007. The Park Place DRI was considered to be under active construction as of this date and therefore the build-out and expiration dates of the DRI are considered to be extended until December 31, 2011. On August 24, 2009, a Notice of Proposed Change (NOPC) was submitted by the owner of Parcel ? to accomplish the following: ^ Adoption of a land use conversion factor for Parcel 7 for the conversion of retail commercial development to office development; ^ Allocation of a total of 55,278 square feet of approved retail commercial development potential to Parcel 7; ^ Allocation of a total of 10,200 square feet of retail commercial development potential to Parcel 9; and • Recognition of the extension of the build-out and termination dates of the DRI until December 31, 2011. The NOPC includes the land use conversion factor allowing retail floor area to be converted into office floor area out of a desire on the part of the applicant to be able to redevelop the property to office use. It is noted that similar conversion factors are already allowed on other Parcels within the DRI. The allocation of 55,278 square feet of retail commercial development potential is already allowed between Parcels 7 and 9 and is reflected on the current Map H; however there has been some confusion as to whether this potential is only for Parcel 7. The NOPC would eliminate any potential further confusion by allocating all 55,278 square feet of development potential to Parcel 7 and establishing an additional 10,200 square feet of development potential (that is not currently allocated to the DRI) on Parcel 9. This new development potential would account for all currently approved/constructed improvements on Parcel 9. ANALYSIS: Pursuant to Community Development Code (CDC) Sections 4-605.F and G, in reviewing the application for an amendment to a DRI, the Community Development Coordinator, the Community Development Board (CDB), and the City Council shall consider whether and the extent to which: 1. The development will interfere with the achievement of the objectives of the adopted county- wide plan applicable to the area. Community Development Board -November 17, 2009 DRI2009-00001 -Page 3 2. The development is consistent with the City of Clearwater's Comprehensive Plan. 3. The development is consistent with the report and recommendations of the regional planning agency. 4. The development is consistent with the State Comprehensive Plan. With regard to the above criteria, the following analysis is provided: 1. The Countywide Plan. The Future Land Use Map is not being amended; thus, there are no applicable regulations from the Countywide Plan. 2. The City's Comprehensive Plan. A review of the Goals, Objectives and Policies of the City's Comprehensive Plan was conducted with the following items identified as being applicable to the proposed amendment: Policy A.4.1.1 No new development or redevelopment will be permitted which causes the level of City services (traffic circulation, recreation and open space, water, sewage treatment, garbage collection and drainage) to fall below minimum acceptable levels.. However, development orders may be phased or otherwise modified consistent with provisions of the concurrency management system to allow services to be upgraded concurrently with the impacts of development. Objective A.6.4 Due to the built-out character of the city of Clearwater, compact urban development within the urban service area shall be promoted through application of the Clearwater Community Development Code. Based on the information submitted by the applicant, as well as responses provided to address specific concerns of the Florida Department of Transportation (FDOT) and Tampa Bay Regional Planning Council staff, it has been concluded that the proposed amendment will not decrease the transportation level of service and will not have a negative impact on the operation of the signalized intersections in the area. Further, it is noted that the proposed amendment includes a provision addressing solid waste capacity. This provision states that "if the cumulative amount of any development on Parcel 7 exceeds the equivalent of 79,010 square feet of office, then the developer shall provide documentation to the City and the TBRPC that additional solid waste capacity is available to serve the additional solid waste demand generated by the development". Based upon the above, the proposed amendment has been found to be consistent with the goals and policies of the Comprehensive Plan. 3. The Tampa Bay Regional Planning Council (TBPRC). Pursuant to Subsections 380.06(19)(b)5 and 380.06(19)(e)3, Florida Statutes, this proposed change is presumed to create a substantial deviation. A substantial deviation is defined as "any proposed change to a previously approved development which creates a reasonable likelihood of additional Community Development Board -November 17, 2009 DRI2009-00001 -Page 4 regional impact, or any type of regional impact created by the change not previously reviewed by the regional planning agency." Following their respective reviews of the proposed amendments, the FDOT stated in its letter of September 8, 2009, that it has no objection to the request; and the TBRPC stated in its report of October 12, 2009, "that no unmitigated regional impacts would be expected." It is noted that the TBRPC approved the proposed amendments on this date as well. 4. The State Comprehensive Plan. A review of the State's Comprehensive Plan was conducted with the following policy identified as being applicable to the proposed amendment: 187.201(15)(b)3 Enhance the livability and character of urban areas through the encouragement of an attractive and functional mix of living, working, shopping, and recreational activities. The proposed amendment has been found to be consistent with the applicable State Comprehensive Plan policy. SUMMARY AND RECOMMENDATION: The Development Review Committee (DRC) reviewed the application and supporting materials at its meeting of October 1, 2009, and deemed the development proposal to be legally sufficient to move forward to the Community Development Board (CDB). Findings of Fact. The Planning Department, having reviewed all evidence submitted by the applicant and requirements of the Community Development Code, finds that there is substantial competent evidence to support the following findings of fact: 1. That the existing DRI consists of 99.13 acres (4,318,810 square feet) and is generally bordered by Drew Street on the north, Gulf-to-Bay Boulevard on the south, Hampton Road on the east, and various properties that front on US Highway 19 N on the west; 2. That the properties that make up the existing DRI consist of lands zoned Commercial (C); Industrial, Research and Technology (IRT); Office (O); and Preservation (P) District; 3. That the properties that make up the existing DRI consist of lands within the Commercial General (CG); Industrial Limited (IL); Preservation (P); Residential/Office/Retail (R/O/R); and Residential/Office General (R/OG) Future Land Use Plan categories; 4. That the requested NOPC would amend the development order to adopt a land use conversion factor for Parcel 7 for the conversion of retail commercial development to office development; 5. That the requested NOPC would amend the development order to allocate of a total of 55,278 square feet of approved retail commercial development potential to Parcel 7; 6. That the requested NOPC would amend the development order to allocate of a total of 10,200 square feet of retail commercial development potential to Parcel 9; and 7. That the requested NOPC would amend the development order to recognize of the extension of the build-out and termination dates of the DRI until December 31, 2011. Community Development Board -November 17, 2009 DRI2009-00001 -Page 5 Conclusion of Law. The Planning Department, having made the above findings of fact, reaches the following conclusion of law: 1. That the requested NOPC for the existing DRI has been found to be in compliance with the applicable criteria as per CDC Section 4-605.F. Based upon the above, the Planning Department recommends that the Community Development Board forward a recommendation of APPROVAL to the City Council to amend the previously approved development order for the Park Place Development of Regional Impact (DRI) through the Notification of Proposed Change (NOPC) process to adopt a land use conversion factor for Parcel 7 for the conversion of retail commercial development to office development; allocate a total of 55,278 square feet of approved retail commercial development potential to Parcel 7; allocate a total of 10,200 square feet of retail commercial development potential to Parcel 9; and recognize the extension of the build-out and termination dates of the DRI until December 31, 2011. Prepared by Planning and Development Department Staff: ATTACHMENTS: • Location Map; • Aerial Map; • Zoning Map; and • Existing Surrounding Uses Map. <=~ ., ....., ...1 ~ ~~ ~, ,, Robert G. Tefft, Development Review Manager S: IPlnnning DepnrtmentlDRllPark PlaceIDR12 009-00 0 01 Pnrk Plnce - 2010.0! - R71StafJReport - CDB 2009 1 /-17.Docx Community Development Board -November 17, 2009 DRI2009-00001 -Page 6 Robert G. Tefft 100 South Myrtle Avenue Clearwater, FL 33756 (727) 562-4539 robert.tefftnu,myclearwater.com PROFESSIONAL EXPERIENCE ^ Development Review Manager City of Clearwater, Clearwater, Florida August 2008 to Present Direct Development Review activities for the City. Supervise professional planners, land resource specialists and administrative staff. Conduct performance reviews. Serve as staff to the Community Development Board. ^ Planner III City of Clearwater, Clearwater, Florida June 2005 to August 2008 Duties include performing the technical review and preparation of staff reports for various land development applications, the organization of data and its display in order to track information and provide status reports, and making presentations to various City Boards and Committees. ^ Planner II City of Clearwater, Clearwater, Florida May 2005 to June 2005 Duties include performing the technical review and preparation of staff reports for various land development applications, the organization of data and its display in order to track information and provide status reports. ^ Senior Planner City of Delray Beach, Delray Beach, Florida October 2003 to May 2005 Performed technical review of and prepared staff reports for land development applications such as, bur nit Limited to• gite „lane conditional »sPs re?nninu.c land Li6P amendments; and text amendments. Organized data and its display in order to track information and provide status reports. Make presentations to various City Boards. Planner City of Delray Beach, Delray Beach, Florida March 2001 to October 2003 Performed technical review of and prepared staff reports for land development applications such as, but not limited to: site plans, conditional use and text amendments. Organization of data and its display in order to track information and provide status reports. Provided in-depth training to the Assistant Planner position with respect to essential job functions and continuous guidance. Assistant Planner City of Delray Beach, Delray Beach, Florida October 1999 to March 2001 Performed technical review of and prepared staff reports for site plan development applications. Performed reviews of building permit applications. Provided information on land use applications, ordinances, land development regulations, codes, and related planning programs/services to other professionals and the public. EDUCATION Bachelor of Arts, Geography (Urban Studies), University of South Florida, 1999 ASSOCIATION MEMBERSHIP • American Planning Association ~/ g 0 ~ a a o ? z ~: ':'~?"':r~ ~ ~::..::.:..~ ~.:.:: a GREW ~ o ~ ~ ~ v m V U ~ ~~~0 Cambridge Cir ~ m C~5 Q~Q" ~ tl > ~••• •~ i.::.:: ° a a sr Cr R,~ ~ e~ ~ ~ PROJECT o ~ ~~~ ~ SITE Y a ~ ~ ~ W sR-so o ~ .-r.... o Et•~• '1 ~~.~':! m .!,..r' LOCATION Owner: Glenborough Fund XII, LLC Case: DR12009-00001 Site: 430 Park Place Boulevard Property Size: 99.13 acres PIN: 17-29-16-00000-230-0100 17-29-16-66373-000-0030 Atlas Page: 291 A 17-29-16-00000-230-0130 17-29-16-66373-000-0040 17-29-16-00000-230-1100 17-29-16-66373-000-0050 17-29-16-00000-240-0400 17-29-16-85546-000-0010 17-29-16-00000-240-0600 17-29-16-85546-000-0011 17-29-16-59392-001-0010 17-29-16-85546-000-0020 17-29-16-66373-000-0010 17-29-16-85546-000-0030 17-29-16-66373-000-0020 21849 N `" 320 631 1V~H1~R 310 30 O~/R X116 ~ ~ 230 ~ t ~ h N N ~ O O N N N 220 R N O O ~` `o Z 2 N ~' 210 200 N N g DR S~' o `~ ~UM~s r 21409 21421 ~ e 1466 64 ~ ~ N ~ 73 83 y ~ 21415 ~ 93 C zezl ~- ~n a N N~ ~ 21411 N N N N NNN ( V ~ 26'5 b '°1VIHP ,ti ~6 6 y s'~ 2~ MHDR 263° ~, 2808 y y 21227 g 26~s I 21133 H P 2)~0 ~~0~~4 ~~~ ~' 8 119 C ^~~. ^0 7 ~ ry d ti 4 21 30 20967 `~Oa ^h ?~O) 'L 6 ~ 4j~ 0 21 28 31 ~~i ~S 4 8 4pQ 8 420 2 375 8 8 20865 ~° L 0 4 0 4~7 2 4 4 N M ~~p{ N ~ ~ ^~ ~ N N N ~ ~ N N N ^ ~ W ^ O ^ N N N N Q N 28 0 J O 41 ~ N N ~~~ ,19 GULF-TO-BAY BLVD Us ,,,, N ~ rn ZONING Owner: Glenborough Fund XII, LLC Case: DR12009-00001 Site: 430 Park Place Boulevard Property Size: 99.13 acres PIN: 17-29-16-00000-230-0100 17-29-16-66373-000-0030 Atlas Page: 291A 17-29-16-00000-230-0130 17-29-16-66373-000-0040 17-29-16-00000-230-1 100 17-29-16-66373-000-0050 17-29-16-00000-240-0400 17-29-16-85546-000-0010 17-29-16-00000-240-0600 17-29-16-85546-000-0011 17-29-16-59392-001-0010 17-29-16-85546-000-0020 17-29-16-66373-000-0010 17-29-16-85546-000-0030 17-29-16-66373-000-0020 ~ ~ 531 310 - `~~' >. 21 6" 0 ~ 230 30 Attach d Dwelli s ;.:~ ~ e N ~ N ~ 220 24 ~ y :J !1 ,. ~ N N N h p .,m .0 N ~ c g 2 z ,~ ~ 210 2Q 1sV „ „ N ° °r IG ~ • ,~, DREW ST M^^^^^^^^^^^^^^^^^^^^^^^^^~ ~t~$~ r 146 n Reta il Sales and N 73~ 83 2 4 ~+ p Services 2'4'5 63 93 2621 Detached ~'O°' ~ n~O~ 21411 ~~~ """"' `" '"`'"'"~ ~ ~V R Dwellings ~. ow-:~ N N N N V -~ OD 2 ; 00 "'" 2615 100 .. tibryb 56 r- 2 ss ~ ® ~ ~ Attached Dwellings ?~? ti~ J 0 263 2 20 y 2808 X21227 21133 21 54 ry -~- -~ i _ ~~~ 21 4 "~ s ~ •~~ ~ ~ r ~ ?j~1' m 1° ~„ poi ,,, w 8'M Q s '^ ti 4 ~, . 2 30 .. 20967 `~$~ ^^h ~ 'V ~~o ~ 8 2 e ~ ~ a~ „ ~ ,. ®et 9'O c ~ `„` ~ 2 026 .. .s1 °'~, ss DW 6 e,. 4~ v " i i 420 ' $ 2 375 6 20865 .. -n ,,,, t30 0 m. ~ 4 78Q~ es our nts - , - 8 _ e est an ' E ~ '4 -~ ~ ... N N~ n N ~ ' ~ N N ~ 2 ~ n, N ,.5~ K N ,~ y ^^^ N N ,19 ~ GULF-TO-BaY BLVD ° Us „o= q Oa b ^~ p N ,~ ~ n n ~ N N O N EXISTING SURROUNDING USES Owner: Glenborough Fund XII, LLC Case: DR12009-00001 Site: 430 Park Place Boulevard Property Size: 99.13 ac res PIN: 17-29-16-00000-230-0100 17-29-16-66373-000-0030 Atlas Page: 291 A 17-29-16-00000-230-0 l 30 17-29-16-66373-000-0040 17-29-16-00000-230-1 100 17-29-16-66373-000-0050 17-29-16-00000-240-0400 17-29-16-85546-000-0010 17-29-16-00000-240-0600 17-29-16-85546-000-0011 17-29-16-59392-001-0010 17-29-16-85546-000-0020 17-29-16-66373-000-0010 17-29-16-85546-000-0030 17-29-16-66373-000-0020 t , It ,~ _~. ~~ ~' Jy S ' ' e ~i ~' ~ rl ~'I `' .~ ~, ~. ~~. ~, w -: ~,~ . ~~ AERIAL .~ ~,, Owner: Glenborough Fund XII, LLC Case: DR12009-00001 Site: 430 Park Place Boulevard Property Size: 99.13 acres PIN: 17-29-16-00000-230-0100 17-29-16-66373-000-0030 Atlas Page: 291 A 17-29-16-00000-230-0130 17-29-16-66373-000-0040 17-29-16-00000-230-1 100 17-29-16-66373-000-0050 17-29-16-00000-240-0400 17-29-16-85546-000-0010 17-29-16-00000-240-0600 17-29-16-85546-000-001 1 17-29-16-59392-001-0010 17-29-16-85546-000-0020 17-29-16-66373-000-0010 17-29-16-85546-000-0030 17-29-16-66373-000-0020 Clear~vater Planning Department 100 South Myrtle Avenue Clearwater, Florida 33756 Telephone: 727-562-4567 Fax: 727-562-4865 SUBMIT ORIGINAL SIGNED AND NOTARIZED APPLICATION SUBMIT 14 COPIES OF THE ORIGINAL APPLICATION -Plans and application are required to be collated, stapled and folded into sets CASE NUMBER: RECEIVED BY (Staff Initials): DATE RECEIVED: * NOTE: A TOTAL OF 15 SETS OF THIS APPLICATION AND ALL SUPPORTING DOCUMENTATION IS REQUIRED TO BE SUBMITTED. DEVELOPMENT OF REGIONAL IMPACT APPLICATION (Revised 10/22/2007) PLEASE TYPE OR PRINT A. APPLICANT, PROPERTY OWNER AND AGENT INFORMATION (Code Section 4-202.A): APPLICANT NAME: MAILING ADDRESS: PHONE NUMBER: CELL NUMBER: PROPERTY OWNER(S): List ALL owners on the deed ~j ~1~- _ FAX NUMBER: }ul,~ EMAIL: ii,~~ -~ AGENT NAME: LL-J`~N ~t3~-~ t..,~J~...1V-... l ~C~t~.~V ci- __~.JM_Q~~'~.. _.. _.__ _. MAILING ADDRESS: ~ U uJ~-~~':....~ v~i ~> ~ 1 ~:N ~'~'._ .~ ~ _..`. ~ S__wv ~ ~. _ _.. _ _._ PHONE NUMBER: _~`~, t3~._.Cj ~~ '- ~ ~.'3 ~ _ _ FAX NUMBER v 1 ~, J _i-~ ~~JGI I' CELL !UMBER f~.~~ ._....... _ EMAIL ~-h+vt`~'`-' `~~-.rV C_c.,_CcUIySG~~~1~c~ _; C~~... B. SITE INFORMATION: (t_ l/ I` Q ~ ~'` ~ I I,- Street Address /Location: T ~~ ~ ~ ~,{-- r ~~~'-~C~?., T~(~~ ~-( f'~`~u~~~T"~ ~~ ~~`>~~7 A ''~ ~ )1 Legal Description: '~ ~~ /~I-~' F,i f_'-~-1 ~~ ~~V~V +__~/ ~ ~~~~ --~ 1 I J~ Parcel Number(s): Size of Site: Future Land Use Category: Zoning Designation: Proposed Text Amendment: i, CiDocumenfs and SeftingslrcoenlLocal SettingslTemporary Internet FileslConrent.OutlooklRTU104410evelopment oI Regional Impact (DRI) Application 10-22-07 (2).doc f ~~ r Present ~Lx~~~1~~~::;t' /C.:~':'" ~~t~ Requested: ,~~? ~(,w~3-~U',~, Present: ~-UMM~'~<=)~ L ~- / Requested: ~~~~~~. C. SUBMITTAL INFORMATION: Please submit 15 copies of the attached Application for Comprehensive Plan Amendment and the following supplemental information: 1. A legal description of the property. If the property is not a platted lot of record, a current boundary survey prepared, signed and sealed by a land surveyor currently registered in the State of Florida_ 2. Proof of ownership, including a copy of the deed, title insurance policy, or other instrument demonstrating ownership. 3. Names of all persons or corporations having a contractual interest in the property. 4. An assessment of the impacts of the proposed change on the adequacy of public facilities, the environment, community character and the fiscal condition of the City. 5. Information that demonstrates that the proposed amendment complies with the following standards: (a) The development will interfere with the achievement of the objectives of the adopted county-wide plan applicable to the area; (b) The development is consistent with the provisions of the Comprehensive Plan; (c) The development is consistent with the report and recommendations of the regional planning agency; and (d) The development is consistent with the State Comprehensive Plan. Attendance at Public Hearis?gs The applicant or applicant's representative should be present at both the Community Development Board and City Commission public hearings. D. SIGNATURE: I, the undersigned, acknowledge that all representations made in this application are true and accurate to the best of my knowle ge-~ and auth`o e City representatives to visit and otograph th~ p ed in this application. ~,~~' Sigriatu~e of propert caner or representative STATE OF FLORIDA, COUNTY OF PINELLAS S orn to and subscribed before me this ~.l day of ,,,, , A.D. 20~ to me and/or by who is pe sonally known has arypublic, ~ - v -•--.......-.~~ commission expires: Notary Public, State of Florida My Comm. Expires Aua. 28, 2013 C:IDocuments and SettingslrcoenlLocal SettingslTemporary Infemet FileslContent.OutlooklRTL710441Development o/Regional Impact (DRI) Application 70-22-07 (2).doc Parcel 7 Legal Description FROM SE COR OF NW 1/4 TH W 2037.78FT TH N 60FT TH N 289.86FT FOR POB TH N 310.13FT TH W 198.43FT TH N 134FT THE 245.99FT TH TH N45DE 318.43FT TH S45DE 326.O1FT TH S64DE 182.92FT TO PARK PLACE BLVD TH CUR LT RAD 600FT ARC 384.96FT CB S18DW 378.39FT TH S 8.47FT TH W 228.33FT `I'H N lOFT TH W 330FT TO POB CONT 8AC(C) LEGAL DESCRIPTION OF PARK PLACE DRI Commence at the center of Section 17, Township 29 South, Range 16 East, Pinellas County, Florida and go S 89°46'01" 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 00°19'21" 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 89°46'01" W, 58.49 feet; thence N 00°13'59" W, 10.00 feet; thence S 29°46'01" W, 1319.21 feet; thence, leaving said North right-of-way line, N O1°04'04" E, 599.99 feet; thence S 89°46'01" W, 198.43 feet; thence N 00°52'21" E, 554.70 feet; thence S 89°54'49" 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 O1°04'04" 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 11°56'04" E, thence N 22°47'58" 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 20°51'27" 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 89°54'49" 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 00°22'28" 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 1~Olliledst 1/4 Of tlte?vortllwest 1/4; Ll1e111.e S 89°56'li" E, i3i2.v6 feet, aioiig the 1-vorth 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 00°19'21" E, 2337.71 feet, along said West right-of--way line; thence S 89°46'01" W, 627.00 feet; thence S 00°10'21" 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 Lloveras, Baur & Stevens, Consulting Engineers-Land Surveyors, Clearwater, Florida, February 23, 1982. ~' NOTICE OF PROPOSED CHANGE for PARK PLACE DRI #92 Prepared for: Glenborough, LLC Prepared by: Mechanik Nuccio Hearne & Wester, P.A. 305 South Boulevard Tampa, Florida 33606 and ~~oen ompany Planning & Transportation Services P.O. fin;: iCniS T, n:pa, I?laricia ;;3+i7?-!1tii3 Vhom•: Si7.877.i469 Yas: 813%S7.if,D4 March 2009 FORM RPM-BSP-PROPCHANGE-1 Effective Date 11 /20/90 STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS DIVISION OF RESOURCE PLANNING AND MANAGEMENT BUREAU OF STATE PLANNING 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 850/487-4545 NOTIFICATION OF A PROPOSED CHANGE TO A PREVIOUSLY APPROVED DEVELOPMENT OF REGIONAL IMPACT (DRI) SUBSECTION 380.06(19), FLORIDA STATUTES Subsection 380.06(19), Florida Statutes, requires that submittal of a proposed change to a previously approved DRI be made to the local government, the regional planning agency, and the state land planning agency according to this form. 1. I, David Mechanik, the undersigned authorized representative of Glenborough, LLC hereby give notice of a proposed change to a previously approved Development of Regional Impact in accordance with Subsection 380.06(19), Florida Statutes. In support thereof, I submit the following information concerning the Park Place DRI No. 92 development located in Clearwater, Florida, which information is true and correct to the best of my knowledge. I have submitted today, under separate cover, copies of this completed notification to the City of Clearwater, to the Tampa Bay Regional Planning Council, and to the Bureau of State Planning, Department of Community Affairs. ~-, / (Date) / ``.// (Signature) David Mechanik, Esquire Authorized Agent for Glenborough, LLC 2. Applicant (name, address, phone): Ms. Sandra Boyle Glenborough Fund XII, LLC By: Glenborough, LLC 400 South EI Camino Real Suite 1100 San Mateo, California 94402 Phone: (650) 343-9300 3. Authorized Agents (name, address, phone): Mr. David Mechanik, Esquire Mechanik Nuccio 305 South Boulevard Tampa, Florida 33606 Phone: (813) 276-1920 Fax: (813) 276-1560 Mr. Randy Coen Coen & Company P.O. Box 10658 Tampa, Florida 33679-0658 Phone: (813) 877-7989 Fax: (813) 877-7609 4. Location (City, County, Township/Range/Section) of approved DRI and proposed change: A part of Section 17, Township 29 South, Range 16 East, City of Clearwater, Pinellas County. 5. Provide a complete description of the proposed change. Include any proposed changes to the plan of development, phasing, additional lands, commencement date, build-out date, development order conditions and requirements, or to the representations contained in either the development order or the Application for Development Approval. Indicate such changes on the project master site plan, supplementing with other detailed maps, as appropriate. Additional information may be requested by the Department or any reviewing agency to clarify the nature of the change or the resulting impacts. The proposed changes to the Development Order are as follows (each requested change is followed by a discussion and rationale for each change): -2- A. The first change requests the application of an approved land use conversion factor from retail to office for Parcel 4 to be made available to Parcel 7. The adopted Development Order currently includes a conversion factor for Parcel 4 which allows for an exchange of retail for office space. The conversion rate for Parcel 4 is as follows: 1,000 square feet of retail = 2,875 square feet of office. Parcel 7 is approved for 55,278 sq. ft. of commercial. Per the Park Place TBRPC Annual Report, 49,900 square feet of retail is existing within Parcel 7. The proposed modification will provide for the exchange of the approved retail square footage for up to a maximum of 139,302 square feet of office land use (capped at an FAR of 0.40) within Parcel 7. Discussion/Rationale The intent of this request is to allow for the redevelopment of Parcel 7 (see Map H). Currently Parcel 7 is approved for commercial uses. An approximate 49,900 square foot retail/office building exists on the parcel. It is intended that this property may potentially be redeveloped as an office use. The City of Clearwater Comprehensive Plan Land Use Map designation on the subject site is Residential-Office-Retail, which allows for residential at a maximum of 18 dwelling units per acre, and retail and office at a 0.40 maximum floor area ratio. Other retail, office and residential land uses are located within the Park Place master planned project. To allow for the redevelopment of this parcel, a land use conversion factor is needed in order to allow for the exchange of land uses while ensuring that no additional off-site impacts will occur. As discussed above, the conversion is -3- similar to the land use conversion factor for Parcel 4, which allows for an exchange of retail for office space. In order to determine the impacts on public utilities (potable water, wastewater and solid waste) associated with this proposed change, a comparison of the existing and proposed demands for each of those utilities has been conducted and is provided, in table form, in Appendix D of this NOPC. As indicated therein, the projected demands on potable water and wastewater services will decrease, while the demand for solid waste services could increase by a very small amount. As such, the Applicant is willing to commit to a proposed development order condition that limits the maximum square footage of Office space converted under this proposed change to 79,010 square feet unless the Developer can provide evidence to the City and TBRPC that available capacity in the solid waste system is available to accommodate the increased volume of solid waste generated by the Office square footage in excess of 79,010 square feet. B. The Second change requests the modification of Map H to specifically add office as a land use allowed within Parcel 7 (see existing and proposed Map H). Discussion/Rationale This change is necessary to effectuate the Development Order change requested in Item 5.A, above. -4- C. The Third change is to recognize the extension of the build-out date from December 31, 2008 to December 31, 2011 pursuant to Section 380.06(19)(c), Florida Statutes.. Discussion/Rationale Recently the Florida Legislature approved an amendment to Florida Statutes Section 380.06 allowing for automatic three year extensions of phase, build- out and termination dates, provided the DRI was active as of July 1, 2007. The Park Place project was actively under City of Clearwater site development review as of July 1, 2007, as evidenced by the City's issuance of a site work permit on June 25, 2007 (see Appendix E). The Park Place industrial parcel (Parcel 1) was being designed, permitted and developed during this time (through an exchange to be developed as office). Thus, the Park Place DRI qualifies for an automatic three year extension of its build-out date. D. The Fourth change is to recognize the extension of the termination date of the Development Order to December 31, 2011 pursuant to Section 380.06(19)(c), Florida Statutes. Discussion/Rationale For the reasons discussed in Item 5.C., above, the Park Place DRI qualifies for an automatic three year extension of its termination date. 6. Complete the attached Substantial Deviation Determination Chart for all land use types approved in the development. If no change is proposed or has occurred, indicate no change. No changes are proposed or have occurred. -5- 7. List all the dates and resolutions numbers (or other appropriate identification numbers) of all modifications or amendments to the original approved DRI development order that have been adopted by the local government, and provide a brief description of the previous changes (i.e., any information not already addressed in the Substantial Deviation Determination Chart). The Original Development Order was adopted by the City of Clearwater on September 1, 1983 (Ordinance No. 3205-83). The Development Order was amended on October 20, 1983 (Ordinance No. 3287-83) (the "First Amendment"). The First Amendment revised the DO to address concerns by TBRPC. Changes included amending the transportation mitigation requirements and modifying the annual reporting requirements. This amendment was readopted as an Amended and Restated Development Order. An amendment ("Second Amendment") allowing for 200,000 square feet of industrial development, reducing office development by 300,000 resulting in a total of 803,000 square feet of office space, establishing a maximum FAR for industrial, amending the phasing schedule, modifying the conditions, modifying the proportionate share payment schedule, eliminating a requirement for a transportation management plan and extending the build-out date of the Development Order by five years, was adopted by the City Commission on December 19, 1991 (Ordinance 5142-91). A third amendment was adopted on January 19, 1995 (Ordinance No. 5722-95, "Third Amendment"). This amendment consolidated the three phase project into a single phase, decreased the amount of office space, clarified entitlements per parcel, extended the build-out date by four years, introduced a conversion factor -6- from office to residential, introduced a conversion factor from industrial to office or residential and amended conditions regarding the transportation network and mitigation requirements. A fourth amendment was adopted on November 21, 1996 (Ordinance No. 96- 6107, "Fourth Amendment"). This amendment introduced a conversion factor for Parcel 4 allowing for an exchange of retail and office for office and/or hotel land uses, provided for identification of ownership per parcel, and added conditions that provide for sidewalks and access to Parcel 4. A fifth amendment was adopted on February 1, 2001 (Ordinance No. 6678-01, "Fifth Amendment"). This amendment reduced the amount of retail and office, introduced a conversion factor from office to residential and hotel for Parcel 6, and extended the build-out date from December 31, 2000 to December 31, 2003. A sixth amendment was adopted on January 15, 2004 (Ordinance No. 7215-03, "Sixth Amendment"). This amendment extended the build-out date from December 31, 2003 to December 31, 2008. The Original Development Order together with the First, Second, Third, Fourth, Fifth, and Sixth Amendments shall be collectively referred to as the "Development Order." 9. Has there been a change in local government jurisdiction for any portion of the development since the last approval or the development order was issued? If so, has the annexing local government adopted a new DRI development order for the project? No. -7- 10. Describe any lands purchased or optioned within'/4 mile of the original DRI site subsequent to the original approval or issuance of the DRI development order. Identify such land, its size, intended use, and adjacent non-project land uses within '/Z mile on a project master site plan or other map. No additional lands have been purchased or leased within a %4 mile of the DRI for use as a part of this project. 11. Indicate if the proposed change is less than 40% (cumulatively with other previous changes) of any of the criteria listed in Paragraph 380.06(19)(b), Florida Statutes. The proposed changes cumulatively with other amendments are not less than 40%. Do you believe this notification of change proposes a change which meets the criteria of Subparagraph 380.06(19)(e)2., Florida Statutes. Yes No X 12. Does the proposed change result in a change to the build-out date or any phasing date of the project? If so, indicate the proposed new build-out or phasing dates. Yes, the build-out date has been extended from December 31, 2008 to December 31, 2011 pursuant to Section 380.06(19)(c), Florida Statutes. . 13. Will the proposed change require an amendment to the local government comprehensive plan? No 14. Provide the following for incorporation into such an amended development order, pursuant to Subsections 380.06(15), Florida Statutes and 9J-2.025, Florida Administrative Code: An updated master site plan or other map of the development portraying and distinguishing the proposed changes to the previously approved DRI or development order conditions. The Master Development Plan (Map H) has been modified to allow for office within Parcel 7. 15. Pursuant to Subsection 380.06(19)(f), Florida Statutes, include the precise language that is being proposed to be deleted or added as an amendment to the development order. This language should address and quantify: -8- a. all proposed specific changes to the nature, phasing, and build-out date of the development; to development order conditions and requirements; to commitments and representations in the Application for Development Approval; to the acreage attributable to each described proposed change of land use, open space, areas for preservation, green belts; to structures or to other improvements including locations, square footage, number of units; and other major characteristics or components of the proposed change; Attached hereto as Appendix C. b. An updated legal description of the property, if any project acreage is/has been added or deleted to the previously approved plan of development. Not Applicable. c. A proposed amended development order deadline for commencing physical development of the proposed changes, if applicable; Not applicable, construction has commenced. d. A proposed amended development order termination date that reasonably reflects the time required to complete the development; Yes, the termination date has been extended to December 31, 2011 pursuant to Section 380.06(19)(c), Florida Statutes. . e. A proposed amended development order date until which the local government agrees that the changes to the DRI shall not be subject to down-zoning, unit density reduction, or intensity reduction, if applicable; and Not Applicable. f. Proposed amended development order specifications for the annual report, including the date of submission, contents, and parties to whom the report is submitted as specified in Subsection 9J-2.025(7), Florida Administrative Code. It is requested that the Annual Report be converted to a Bi-Annual Report consistent with applicable state law. -9- APPENDIX A. Amended Development Order B. Existing Map H C. Proposed Map H D. Utility Comparison Table E. Development Activity Documentation -10- APPENDIX A AMENDED DEVELOPMENT ORDER -11- ORDINANCE NO. 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, ORDINANCE NO. 6678-01, AND ORDINANCE NO. 7215-03, 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; INCORPORATING A REVISED MAP H; PROVIDING A CONVERSION FACTOR FOR RETAIL AND OFFICE DEVELOPMENT IN PARCEL 7; EXTENDING THE BUILDOUT DATE AND TERMINATION DATE PURSUANT TO SECTION 380.06(19)(C), FLORIDA STATUTES; DETERMINING THAT SAID AMENDMENTS ARE 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 January 15, 2004, the City Commission adopted Ordinance 7215- 03, anAmendment to the Development Order; and WHEREAS, on , 2009, Glenborough LLC, a Florida limited liability company, 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 Tinpact ("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") aild the Florida Department of Community Affairs (the "DCA"); and WHEREAS, the NOPC proposes to amend the Development Order to (i) incorporate a revised Map H/Master Development Plan as shown in Exhibit "B", attached hereto and incorporated herein; (ii) provide a land use conversion factor for Parcel 7 for the conversion of approved retail commercial development to office dre uelanop~ eSection recognize the extension of the buildout date to December 31, 2011, pu 380.06(19)(c), Florida Statutes; and (iv) recognize the extension of the termination date for this Development Order to December 31, 2011 pursuant to Section 380.06(19)(c), Florida Statutes.; and WHEREAS, the Proposed Changes, combined with previous amendments to the Development Order, are 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 DRIB; 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 fmdings 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, No. 6107-96, No. 6678-01 and No. 7215-03, 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. Glenborough LLC, a Florida limited liability company, the owners of undeveloped portions of the DRI, have proposed the following amendments to the Development Order: 1. incorporating a revised Map H/Master Development Plan, as shown on Exhibit "B" attached hereto and incorporated herein; aild 2. adding a land use conversion factor for Parcel 7 for the conversion of approved retail commercial development to office development; and 3. recognizing the extension of the buildout date to December 31, 2011, pursuant to Section 380.06(19)(c), Florida Statutes; 4. recognizing the extension of the termination date for this Development Order to December 31, 2011 pursuant to Section 380.06(19)(c), Florida Statutes; and 5. Modifying certain provisions of the Development Order to be consistent with changes described in the NOPC. C. A comprehensive review of the impacts generated by the Proposed Changes, together with all previous amendments, has been conducted by the City's departments, the TBRPC and the DCA. D. The Proposed Changes are not located in an area of critical state concern designated as such pursuant to Section 380.05, Florida Statutes (1993). E. The Proposed Changes, together with all previous amendments, do not increase the external traffic impact of the development, nor do they create additional impacts on other public facilities, including water, wastewater, drainage, recreation and mass transit, from the original projections set forth in the Application for Development Approval ("ADA"), with the exception of solid waste which requires additional capacity to be available when required for office development in excess of 79,010 square feet. F. The Proposed Changes hereby approved are determined not to be a substantial deviation to the Development Order. Section 3. Conclusions of Law -The City Conunission, 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 Development 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 Changes are consistent with the local land development regulations currently in effect. D. The Proposed Changes, together with all previous amendments, do 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 Changes, therefore, do not constitute a "substantial deviation" from the Development Order, pursuant to Chapter 380.06, Florida Statutes. The Proposed Changes are 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 Changes to the Development Order as approved by this ordinance. F. The Proposed Changes are 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, Glenborough LLC, 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 Map H/Master Development Plan attached hereto as Exhibit "B." B. Subsection 4.A.A. of the Development Order is amended to add the following: A conversion factor to permit 1,000 square feet of retail commercial development to be converted to 2,875 square feet of office development is hereby established for the retail commercial area shown as Parcel 7 on Exhibit "B." This conversion factor is set forth in the following table: LAND USE TRADE-OFF RATES PARCEL 7 EXISTING DEVELOPMENT MAY SE CONVERTED TO: 1,000 sq. ft. Retail 2,875 sq. ft. Office Notwithstanding the foregoing, development on Parcel 7 shall be limited as follows: MINIMUM MAXIMUM Office 0 139,302 square teet or boor area Thirty (30) days prior to issuance of any permit which utilizes the conversion factors, DCA and TBRPC shall receive notice, from the Developer, of the proposed use of the conversion ratio. If the cumulative amount of Office on Parcel 7 exceeds 79,010 square feet, then the Developer shall provide documentation to the City and TBRPC that additional solid waste capacity is available to serve the additional solid waste demand generated by the office land use. C. The build-out date has been extended to December 31, 2011 pursuant to Section 380.06(19)(c), Florida Statutes. D. The termination date has been extended to December 31, 2011 pursuant to Section 380.06(19)(c), Florida Statutes. E. The amendments stated herein, together with all previous amendments, do not constitute a substantial deviation, pursuant to Chapter 380.06, Florida Statutes. F. 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. F. The City Clerk shall send copies of this ordinance, within five (5) days after passage of this ordinance on second reading to Glenborough LLC, DCA and TBRPC. H. This ordinance shall be deemed rendered upon transmittal of copies hereof to TBRPC and DCA. I. 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. 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 PASSED ON SECOND READING FINAL READING AND ADOPTED Approved as to form: Printed Name: Title: 2009 Printed Name: Mayor-Commissioner Attest: Printed Name: City Clerk EXHIBIT "A" TO ORDINANCE NO. LEGAL DESCRIPTION OF PARK PLACE Commence at the center of Section 17, Township 29 South, Range 16 East, Pinellas County, Florida and go S 89°46'01" 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 00°19'21" 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 89°46'01" W, 58.49 feet; thence N 00°13'59" W, 10.00 feet; thence S 29°46'01" W, 1319.21 feet; thence, leaving said North right-of--way line, N Ol°04'04" E, 599.99 feet; thence S 89°46'01" W, 198.43 feet; thence N 00°52'21" E, 554.70 feet; thence S 89°54'49" 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 O 1°04'04" 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 11°56'04" E, thence N 22°47'58" 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 20°51'27" 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 89°54'49" 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 00°22'28" 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 89°56'11" 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 00°19'21" E, 2337.71 feet, along said West right-of--way line; thence S 89°46'01" W, 627.00 feet; thence S 00°10'21" 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 Lloveras, Baur & Stevens, Consulting Engineers-Land Surveyors, Clearwater, Florida, February 23, 1982. EXHIBIT "B" Map H /Master Development Plan N p 2513 5fl4 EX)5TtNG S a m ~ .ACCESS "` Q OFFICE ~ ~ 82,179 SF PARCEL 8 taari+ sr txiznlcl PARCEL J tvfULTI-r-AMPLY 234 D.U. (xat uul,n-remir a.u, onsl) OFFICE 101,900 SF PARCEL 4 UcI,+cO sr [wsnuc) COMMERICAL, OFFICE 139,390 SF PARCEL 7 (ssxra sr Ernsr ar PAncfLS 7 ANO o) PARCEL, 1p (Daos sr [uanuc) PARCEL i LIGHT INDUSTRIAL . 2DD,DDD Sf~ Dm,aw sx rnstnlo) EXI5TIh)G AGCE:5S NATURAL ` AREA 0 ~~ PARCEL 2 ~~ Ga ~ MULTI--FAIv1fL1( 156 D.U.. ""1 (Iaa uuin-rnu:~r uu. aal+t) ~~ 4~ NARCEL 5 ~,../ PARCEL G pic,sac 1S OFn:E E%I6n„01 {ImAOO sr c~rtcc r~tnulcu) ~~ ~iiE 22D,5.60 SF COlA)AERCIAL PARCEL 11 Ut,sa+ sr srastxw) LAND USE EXISTING PLANNER TOTAL RE'rA1L/ 81,120 SF 0 F31,i20 SF GOMMI:f~ICAL pFFICE 304•,639 5F 100,000 5 404,639 SF LT. INOU57RIAl, 100,000 SF 100,000 SF 2gq,OgO SF MUL71-wFAM1L,Y 390 bU 0 OU 390 DU RE51D>=N71AL 759 SF ¢85 000 5F 200 685 759 SF TOTAL , 39q DU , 0 DU , 390 RU 0 a z n t- z l1AIE5: i. biE PROPaSEb AI40UJ17 aF SQUARE FOOTAGE FOR IIIDIV10UAL URDEVELOPED PMCELS ARE AA5ED 0!J AEST AVA3LABLE MARKET U7FgR11ATI0tt At10 ARE SUAJECT TD ClIAHGE FUTURE TI1E ALIOUNT" OF TOTAL bEVELOPMEtiT, HD'AcwR KILL IIpT EXCEEp 1}IE AMOUtIT' DF OEVSLDPN£J7T APPfia+TD RY T}tE OE~LOPlAEI(T ORDER. ACCESS ~. 13JAT PORTION OF TFIE DEVELOPI1EIJi TIIAT REMAl115 7D RE DEVELOPED IS REFERRER Tq AS 111E "PLAIAJEA OEVELDPMEtti". THE AUILO-OU1' DATE FOR THE PLAr11tED pEVELOPMENT Allp FOR 111E TOTAL PROJECT JS OECEIADER 3t, PODII, 3. COl1VERSJUII RATES DF I,DOU SQUARE Ff.ET aF LIGHT INDUSTRIAL OEVELOPAIENT TD 83] SQUARE FEET DF OFFICE OEVELOPI,IE)ll ARE tiEREAY ESTABU5HE0 OJt PARCEL t A5 APPROVER OY OROrNANCE /5722-95 q. ANY MULTI-FAfi1LY RESIpEtiTIAL pEYELOP1AE11T Y,iLI. BE LJMITED Tq PARCELS 2. a, fi A tJ, 5. PARCEL 0 IS PLANNED FOR Ibp,000 SF OF OFFICE OEVELOPLIENT. COttVER51pt1 RATES OF Opp SF tl~ OFFICE OEVELDPMEtJT 10 2.40 LIULTI-FALIILY UrJIT5 KI Ri A MAXIMUM bF 240 1 . aR 1.00D sF OF aFFICE OEVELOP11E11T Ta 2.44 IIaIEL ngOMS Nilll A I.IA%I!dUM aF UNITS , 2i4 UitiTS ARE HEREAY 65TADU5HED FqR PARCEL-tl AS APPI(OVEp OY OIiUUTAItCE 6678-01. 6ULE-Ta-EiAY 60ULEVARR ~~, CQMMERCfAL 25,$11-Z SF (nGTgL) (ss,e4a r rnsmlc) P-ARK P[~AGE (SRI ~- fv1ASTER _ DEVEL~JPMENT PLAN... MAP H - _ _ BATE: q FIGURE: & oen REViSEQ: a-1`Yl~?~.11~,T October 29, 2008 Planning & Transportation Services DRAI~'N 13Y. P.O. Bo:E 10655 Tampa, Florida 33679-0653 RAW Phone: 813.577.7934 Fax: 813.577.7609 EXISTING a ACCESS 0 m trr tU _ OFFICE ~ ~~^~ 82,179 SF PARCEL 8 (a7a7a sr tasmrm OFFICE tD1,9D0 SF PARCEL h Ua.sap sF rnsmmJ COMMERICAL' (RETAIL) 55, 278 SF PARCEL 7 (as.7ra sF Ensr an rAnctls 7 ANO c) (/ PARCEL 10 plans SF rusnxs) GULF--TO-BAY 80ULEVARd PARCEL 3 lv1ULTl-FAMILY 234 p,U. (7s+ uuAn-rnvAr u.u, tJnst) PARCEL T LIGHT INDUSTRIAL 2x0,000 5F (100.000 Srt tA5101C) " -EXISTING ACCESS ~. NATURAL AREA O ~J44 PARCEL 2 ~°JY MULTI-FAMILY 156 D.U. Yzc`l' (iss wLD-FAO AT ca Ensq~ Q ,~~~ ~ \...,,J 4 PARCEL 5 PARCE(_ 6 (IIO,S60 Sr oFil:E ETSnxCJ (100,000 Y C+tJCE 1'J.l4H~) FFJEE 220,56 SF / CDAItAERCIAL PARCEL 11 (l4,esa s wstaro) LAND U5E EXISTING PLANNED TOTAL RETAIL] COMMERICAL 81,120 5F 0 81,120 SF OFFICE 304,639 5 100,000 S 404,639 SF LT. INDUSTRIAL 100,000 SF 100,000 SF 200,000 SF MULTI-FAMILY RESIDENTIAL 390 OU 0 DU 390 DU TOTAL 485,759 SF 200,000 SF 685,759 SF 390 DU 4 DU 390 DU n !r s 0 4 a ~ t192E5: 1. P{£ PROPOSED AI40UNT OF SQUARE FOOTAGE FDR UIDIVIDUAL UND£VELOP£0 PARCELS FUTURE ARE BASED 01! BEST AVAILABLE MARKET IIIFORAIAlION ACID ARE SUBJECT 70 C11AtIGE 111E AMOUNT pF TOTAL OEVELOPMEHT, HDWcYER KILL IIOT EXCEED 7}IE AM 1 OUt T DF D£V£LOPMEIJT APPROVED $Y T}(E 0£1 cLOPµE11T ORDER. accESs Z. t11AT POR7JOJJ OF 7(iE DEY'cLOPMENT l1JAT REMAIIIS 70 BE DEVELOP ED IS REFERRED TO AS PIE "PLAtJNED 0£VELOPMEtiT". THE BU1Lq-OUT DATE FOR TFiE PLAtItIED DEVELOPµFSJi AND FOR Tf(E TDTAL PROJECT I$ DEGEM$ER 3t, 20D8, 3. COtlrR510N RATES OF 1,000 SQUARE FEET OF LICHT INDUSTRIAL DEV£LpPMENi TO 633 SQUARE FEET OF OFFICE D£VELppAlE11T ARE HEAEBY ESTA$U51(ED Ott PARCEL t AS APPROVED BY ORDIIJAtJCE x5722-95 4. AIJY MULTI-FAMILY RESIDEIITIAL OEV<LOPI,iJIT KiI.L BE UMI7E0 TD PARCELS 2, 3, fi A 8. 5. PARCEL 0 iS pLAlJIJEO FOR lO0,D0O SF OF OFFICE DEVELOPJAetJT, C011VERSIOt! RATES OF 1,D00 SF DF OFFlCE OEVELOPMEJJi TO 2.x0 MULA-FAMILY UrJITS KiJH A MAXIMUM OF 24D UNITS, OR 1,000 SF OF OFFlCE DEVELOPMENT TO 2.44 HOTEL ROOMS KTTH A AJAXIIAUM OF 244 V711T5 ARE HEREBY FSTA$USHEb FOR PARCEL 0 AS APPROV< p DY OROIJJANC£ 6678-OI. ~-~-COMMERCIAL 25,842 5F ' (RrrA7l) (75,847 SF FJGSiTrC) PARK PLACE DRI -- MASTER DEVELOPMENT PLAN Gulf Coast Consultants, I~.~c. Land Development Gonsultillg MAP H DATE; FIGURE: REVISED: AUGUST 22, 2OQ3 DRAWN IIY: RAW ' EXISTtN G a a m~ ACCESS 0 OFFICE ~ ~ 82,179 SF PARCEL 8 OFFICE lni,soG sF PARCEL 4 {1rot,970 SF W51tuC) COMMERICAL, OFFICE 139,390 SF PARCEL 7 (ss.:ra sF ixtsr mt PenciLS T AND ro) PARCEL ~ MULTI-FAMLL 234 D.U. (xs~ xuLn-Fever n,u, dnsq PARCEL 1 LIGHT INDUSTRIAL 200,000 Sf= (tm,tlm Sf iAS1u10) EXISTING ACCESS ~~ NATURAL AREA 0 J~ PARCEL 2 ~~ ~°J MUL71-FAMILY y, 156 D.U, ,yt (tea win-Fnwtr n-V. rateU ,/- a j!/ F ~.>- ~ / 1...~ 4P PARCEL 5 ~,/ PARCEL G (uo,slo cF cFnci itcsnxo) (ttn,ooo u emce rummy ~.'IEE 220, 56 SF LAND USE EXISTING PLANNED TOTAL RETAIL/ 81,120 5F 0 81,120 5F COMM1rR1CAL OFFICE 304,639 SF 100,000 S 404,639 SF tT. INDUSTRIAL 100,000 SF 100,000 5F 200,000 SF MULTI-FAMILY 390 DU 0 OU 390 DU RESIDENTIAL 485,759 SF 200,000 SF 685,759 SF TOTAL 390 DU 0 DU 390 DU 0 z ttRtFS: I. TIlE PROPOSEb AldOVNT OF SOUME FOOTAGE FOR ItIbIVIbUAI UHDEYELOPED PARCELS ARE $A5E0 O)! DEST AVAILABLE MARKET It7FORMATION ACID ARE SUBJECT TO Cf1ANGE FUTURE PIE ALIDUHT OF TOTAL bEVELOpME+TT, 1tOri8vER K11,L IIDT EXCEED T}I=_ AL10U11T OF DErLtlPN£17T APPRbVEO BY THE bEw<LOpNFJtT ORDER. ACCESS 2. tIIAT PORITON OF TFIE DEVELOPMENT THAT REMAl11S TO RE bEVELOPED 15 REFERRED TO AS pfE °PLAtg7ED OEVELOPHEtt1". THE @UILD-OUT DATE FOR THE PLANNED DEVELOPMENT ANp FOR TILE TDTAL PROJECT IS DECEMBER 3I, ZOgB, 3. COttVERS10l1 riATES OF f,D00 SOVARE FEET OF LIGHT INOV51FilAL DEVELOPMENT TO b.73 50UARE IFFY DF OFFlCE OEYELtlpAlENT ARE HEREBY ESTABU511E0 Oit PMCEL { AS APPROVED DY DROgTAtIGE x!5722-45 d. Al1Y MULTI-FAIAILY RESIDEttT1AL OEYELOPMEiIT KiLL BE UNITED TO PARCELS 2. 3, 6 A B• `" COIAlAERCIAL COlAfAERCIAL 5. PARCEL B 15 PLANNED FOR Ib0,000 SF DF OFFICE OEVELOP6kNT, CONYERSION RATES OF PARCEL 10 PARCEL II I,gpD SF tlf» OFFICE DEVELOPMENT TO 2.+t0 VULTI-FAMILY UN115 Kf OT A MANIMUN OF 21D U~,eiro >9, C7n5t:Na1 UNITS, OR f,ggO SF OF OFFICE OEVEI.OPMF}IT TO ?.1• HOTEL ROOMS KITH A MA1(i!AUM OF btaoa Ss cusaxtf) 2~< UrI1TS Ari£ NEREDY ESTADUSHED FqR PAngEL 6 AS AppltDVED DY DRDIrtnI1CE 6675-O1. GULF-TO--BAY eouLEVaRn COMMERCIAL 25,842 SF (nL1Nt (T4E{] T E7aSu!ro} PARK PLACE DR1 ~- MASTER QEVELC~PMENT PLAID MAP H oen Qm~an~ Planning & Transportation Services P.p. Box 10658 Ta{npa, Florida 33674-0658 Phone:813.877.7989 Fax: 813.877.7604 DATE: FIGURE: REVISED: October 29, 2008 DRA\~'N 13Y: RAW APPENDIX D UTILITY COMPARISON TABLE -14- UTILITY COMPARISONS Park Place DRI / NOPC RETAIL LAND USE Generation Factor Approved Land Use Amount Quantity Generated Proposed Land Use Amount Quantity Generated Difference Potable Water 699 GPD/KSF 55,278 s.f. 38,639 GPD 0 s.f. 0 GPD -38,639 GPD Wastewater 624 GPD/KSF 55,278 s.f. 34,493 GPD 0 s.f. 0 GPD -34,493 GPD Solid Waste 10 LBS/KSF/Day 55,278 s.f. 553 LBS/Day 0 s.f. 0 LBS/Day -553 LBS/Day OFF ICE LAND USE Generation Factor Approved Land Use Amount Quantity Generated Proposed Land Use Amount Quantity Generated Difference Potable Water 178 GPD/KSF 0 s.f. 0 GPD 139,302 s.f. 24,796 GPD +24,796 GPD Wastewater 159 GPD/KSF 0 s.f. 0 GPD 139,302 s.f. 22,149 GPD +22,149 GPD Solid Waste 7 LBS/KSF/Day 0 s.f. 0 LBS/Day 139,302 s.f. 975 LBS/Day +975 LBS/Day Notes: 1. Generation Factors for Potable Water and Wastewater are based on data obtained from the Broward County Water & Wastewater Engineering Division, dated 1/18/2007. This data was selected based on its recent update and the fact that similar data is unavailable from the City of Clearwater or Pinellas County. 2. Solid Waste Generation Factor based on commonly accepted standards for these land uses since such data is not available from the City of Clearwater. 3. GPD/KSF =Gallons Per Day Per 1,000 Square Feet 4. LBS/CPD =Pounds Per Capita Per Day TOTAL Difference Potable Water -13,843 GPD Wastewater -12,344 GPD Solid Waste +422 LBS/Da APPENDIX E DEVELOPMENT ACTIVITY DOCUMENTATION -15- >tatus: Case Status The information below summarizes the case you selected, Case Status: Complied/Complete Number: ~&nbs~BCP2006-06680 ^ GIS View Aerial photo, zoning information Application Date:" 6/22%2006 Address: 63 PARK PLACE Project Name: PARK PLACE OFFICE Description: SITE WORK ONLY FOR PROPOSED OFFICE COMPLEX -INSTALL CONDUIT ONLY. f aca Tnfnrmatinn• Project Value $250,000.00 Residential/Commercial ial Issued Date 6/25/2007 Finaled Date x/12/2009 Expiration Date 2/13/2009 FAAG_ Item Fee Amount Fee Remaining Date Paid Permit Fee $2,237.50 $0.00 6/25/2007 Plans Review Fee $1,080.00 $0.00 6/22/2006 Clearing & Grubbing $10.00 $0.00 6/22/2006 Tree Removal $1,170.00 $0.00 6/25/2007 Sewer Impact Fee $4,500.00 $0.00 9/12/2007 FOR (1) 1 1/2" DOMESTIC WATER METER (JMP) Water Impact Fee $2,400.00. $0.00 9/12/2007 FOR (1) 1 1/2" DOMESTIC WATER METER (JMP) Permit Upgrade Fee $30.00 $0.00 11/8/2007 ELECTRIC Activities Plan Reviews Inspections Certificate of Occupancy Conditions Other Conditions View Case Summary ^ GIS View Aerial photo, zoning information http://epermit. myclearwater. com/tm_bin/tmw_cmd. pl?tmw_cmd... 1/27/2009 11:32 AM ePerm~t Home `" View Permit ~ View Business Tax Receipt _,: _ ~' ~` View Planning Case i_ ., View;Parcel ' •~ NOTICE OF PROPOSED CHANGE for PARK PLACE DRI #92 RESPONSE TO COMMENTS Prepared for: Glenborough, LLC Prepared by: Mechanik Nuccio Hearne & Wester, P.A. 305 South Boulevard Tampa, Florida 33606 and ~~oen ompany Planning & Transportation Services T.O. lion 10li5 T;unpa, l?lorida :;1h74-0n53 Phunc;&u.N?77989 Tas: Rti?87 ",G09 August 2009 i PREFACE Park Place Response to Comments DRI #92 In response to a request by the City of Clearwater to resolve an issue relating to the development of Parcel #9 within the Park Place DRI and clarify the allocation of development entitlements for Parcel #7, an additional (fifth) change is requested herein and stated in the required NOPC Application format below. E. The Fifth change requests the increase in the amount of Retail by 10,700 square feet. The subject Retail increase will be allocated to Parcel #9 and therefore the 55,278 square feet of Retail currently designated for Parcels #7 and #9 will be revised and designated exclusively for Parcel #7. This change is also shown on Revised Map H (Master Development Plan) which is included in this Response to Comments. This change is authorized pursuant to Section 380.06(19)(b)8 F.S. which provides that an increase of this magnitude is not a substantial deviation. Discussion/Rationale The Park Place DRI has not previously received approval for any additional land use entitlements; in fact the land use entitlements for the project have been reduced pursuant to previous Development Order amendments. (See D.O. History table, below). FS 380.06(19)(b)(8) provides: "An increase in commercial development by 55,000 square feet of gross floor area or of parking spaces provided for customers for 330 cars or a 10-percent increase of either of these, whichever is greater." The above statutory provision applies to the requested increase as follows: There is no request to increase the number of parking spaces, thus, this criterion is inapplicable. In consideration of the square footage criterion, the 55,000 square foot threshold applies because it is the larger of the dual threshold of 10% or 55,000 square feet, as applied to the subject DRI. Accordingly the requested increase in commercial land use by 10,700 square feet is well below 55,000 square feet threshold. Moreover, since prior amendments reduced commercial square footage, the proposed change, even when considered cumulatively with the prior changes, renders the change farther below the statutory threshold for increases in commercial square footage than if no previous reductions had occurred. As evidence of the previous reduction of retail space, below please find a history of the DRI Development Order changes associated with land use entitlements. Development Order History Regarding Land Use Entitlements* Orig. Approval Ord. # 5142-91 Ord. # 5722-95 Ord. # 6678-01 Proposed Land Use (9/1 /83)** (12/19/91) (1 /19/95) (2/1 /01) Change Office 1,103,000sf 803,000sf 795,520sf 404,639sf no change Retail 150,000sf no change no change 81,120sf 91,820sf Industrial n/a 200,000sf*** no change no change no change Multi-Family n/a n/a n/a 390dus**** no change * Entitlement review is limited to those changes in land use entitlements specifically modified via an amendment of the DO. These entitlements do not include land use changes permitted via a trade off mechanism that may or may not be effectuated by a property owner. ** Ord. #3287-83 amended and readopted Ord. #3205-83 to resolve TBRPC objections to the original approval. *** Industrial land use approved by reducing office. ****Multi-family land use approved by reducing office. Responses to Tampa Bay Regional Planning Council (TBRPC) Park Place /Parcel #7 DRI #92 1. The Applicant is requesting authorization to apply a Retail to Office conversion ratio, previously approved for Parcel #4 only, to Parcel #7. The conversion formula (i.e. 1,000 sq. ft. of Retail = 2,875 sq. ft. of Office) was approved by the City in 1996. Based on the fact that ITE conversion factors have likely changed in the past 13 years, what would the identical conversion formula yield today when converted Retail to Office uses utilizing the latest ITE calculations? RESPONSE: Below please find a calculation of the site specific trip generation equivalency for Parcel #7 between approved retail land use (55,278sf) and the alternative office land use (135,400sf equivalent) utilizing the current ITE trip generation rates (i.e., Trip Generation, 8th Edition, Institute of Transportation Engineers, 2008, applicable pages attached for reference purposes). PM PEAK HOUR TRIP GENERATION CHARACTERISTICS Land Use ITE Code Size Gross Trips Pass-Bv Trips External Trips Ext. Trip Rate Retail 820 55,278sf 428vph 198vph 230vph 4.161vph/ksf Office 710 230,000sf* 230vph n/a 230vph 1.699vph/ksf *Office size based on Parcel 4 and Parcel 7 adjacent office square footage. Based on these trip generation characteristics, the equivalency factor, or conversion ratio, has been updated to reflect 2.449 (4.161vph/ksf divided by 1.699vph/ksf). Therefore 1,000sf of Retail equals 2,449sf of Office and the maximum amount of Office possible is 135,376sf (the office amount is less than 235,400sf due to the conservative rounding of the equivalency factor). 2. It is noted that the Applicant has referenced "per the Park Place TBRPC Annual Report, 49,900 sq. ft. of Retail is existing within Parcel 7." Please identify what Council record specified that 49,900 sq. ft. of Retail has been constructed on Parcel 7. Our latest Annual Report Summary indicated that Parcel 7 was approved with a maximum floor area of 49,906 sq. ft. of Retail, as evidenced in the Table associated with Comment #4 below, and that 84,843 sq. ft. of Retail has been completed overall within the project. While Council staff does strive to maintain accurate and thorough records and work products, please understand that data associated with past and present construction activities is based on data and information provided by Developers and/or their representative(s) as part of the Annual Reporting process. Please verify the exact square footage of existing facility(ies) through the Property Appraiser's office and/or the Building Department prior to further consideration of exchange approval and subsequent (potential) redevelopment effort. RESPONSE: Based on the Pinellas County Property Appraiser's website, the subject parcel (17/29/16/00000/230/1100) contains three buildings with a total "finished" floor area of 50,712sf (i.e., 18,976sf, 19,426sf, and 12,310sf) (see copies of the Property Appraiser's data, attached). Therefore, instead of the 49,900 square feet of existing floor area on the parcel (as cited in the March 2009 NOPC application, based on the rounding down of the data in the Park Place Annual Report Summary table that states 49,906 sq. ft.), the "as built" floor area is 812 square feet larger. All calculations have been updated to reflect the 812 additional square feet of existing development on the parcel. Please see the revised calculations, appended. 3. It is unclear how the Applicant calculated the proposed (potential) exchange. If converting 49,900 sq. ft. of Retail to Office at the proposed exchange rate of 1,000 sq. ft. of Retail = 2,875 sq. ft. of Office would yield 143,625 sq. ft. of Office, not the 139,302 sq. ft. proposed. If, in fact, the Applicant was attempting to convert the 55,278 sq. ft. of Retail allegedly approved for Parcel #7 to Office, this would yield 158,924 sq. ft. Please explain the disparity. RESPONSE: The "Discussion/Rationale" section of the first proposed change description (contained on page 3 of the March 2009 NOPC application) indicates that the maximum square footage for Parcel #7 is capped at an FAR of 0.40 by the City of Clearwater Comprehensive Plan. Therefore, based on the land area of Parcel 7 provided in the Property Appraiser's data (i.e., 8.0 acres or 348,480 square feet), the maximum square footage possible on the parcel -without exceeding the FAR cap - would be 139,392 square feet. The Comprehensive Plan limitation would, therefore, be more restrictive than the cited 158,924sf maximum square footage possible by an exchange of land uses utilizing the previously- established conversion ratio of 1,000 square feet of Retail = 2,875 square feet of Office. The Applicant had, accordingly, acknowledged this limitation of potential square footage established by the Comprehensive Plan. However, based on the updated conversion ratio, the maximum amount of Office is 135,376sf, which is less than the maximum square footage permitted via the 0.40 FAR cap (139,302sf) and therefore, the square footage is no longer limited by the FAR cap. 4. The Applicant alleges that Parcel #7 is approved for 55,278 sq. ft. of Retail yet only 49,900 sq. ft. of Retail has been constructed on this Parcel. Please identify where it is documented that 55,278 sq. ft. of Retail "is approved" exclusively for Parcel #7. Please note this assertion is contrary to the following Table included in the Council's latest Annual Report Summary which states: PARCEL PARCEL NUMBER MAX. FLOOR AREA (SQ. FT.) PROPERTY OWNER 1 17-29-16-85546-000- 100,000 - Bausch & Lomb, 21 Park Place Blvd., (South) 0010 Industrial Clearwater, FL 33759 Offices Park Place LLC, c/o Hallmark 17-29-16-85546-000- 300 -Office 63 Development of FL, Inc., 4500 140th 1 (North) 0010 , Avenue North, Suite 101, Clearwater, FL 33762 17-29-16-85546-000- 156 MF Res. 2 0020 Units Grand Reserve Property Owner, 3340 17-29-16-85546-000- 234 MF Res. Peachtree Road NE, Atlanta, GA 30326 3 0030 Units Park Place Land Ltd., c/o Carmel 4 17-29-16-00000-230- 101,900 - Office* Commercial Group, 2828 Coral Way, 0130 #200, Coral Gables, FL 33145 5 17-29-16-00000-240- 120,560 -Office Glenborough Park Place, LLC, 400 S EI 0600 Camino Real, Suite 1100, San Mateo, 7 17-29-16-00000-230- 49,906 -Retail CA 94402 1100 Mid-Pinellas Office Park, Inc., 4500 6 17-29-16-00000-240- 86,120 -Office 140th Avenue North, Suite 101, 0400 Clearwater, FL 33762 Highwoods/Florida Holdings, 3100 8 17-29-16-00000-230- 82,179 -Office Smoketree Ct., Suite 600, Raleigh, NC 0100 27604 PARCEL PARCEL NUMBER MAX. FLOOR AREA (SQ. FT.) PROPERTY OWNER KB Investment Holdings Ltd. c/o Boulder 9 17-29-16-59392-001- 200 -Retail / 10, Venture, 2226 S.R. 580, Clearwater, FL 0010 Restaurant 33763 17-29-16-66373-000- 10A 0010 11, 303 17-29-16-66373-000- Restaurant on 10B 0020 Lots 10A & 10B; 17-29-16-66373-000- and 14,539 of Clant Inc., Post Office Box 916464, 11C 0030 Retail / Longwood, FL 32791 17-29-16-66373-000- Restaurant on 11 D 0040 Lots 11 C, 11 D & 17-29-16-66373-000- 11 E. 11E 0050 _r ~_.._i_.......,,..a i~.... of "'Ordinance No ti~ui-ab gramea approval wi uic wiiauu~u~ii ~~ a ~~~«~ ~~~„N~„~", ~~ ~~-~~~r•••--••• ,-- _ ...___..-_ 224 rooms) on Lot 4 with a simultaneous reduction of office or retail. RESPONSE: As previously demonstrated, the square footages reported by others via the Annual Reports appear to not be consistent with the Property Appraisers Records. In addition, the above table seems to only identify development built to date, not the allocation of entitlements. The statement is based on the information depicted on the approved Map H - Park Place DRI -Master Development Plan that was provided as Appendix B to the March 2009 NOPC application. A note on Map H indicates that 55,278sf exists on Parcels #7 and #9. Furthermore, the subject NOPC application has been revised by the applicant to request an additional non- substantial change at the request of the City of Clearwater to address an existing development issue on Parcel #9 and to ensure that Parcel #7 does have 55,278sf of retail entitlements for exchange purposes (please see the Preface for documentation of this proposed change). 5. Page 3. It is unclear why the Applicant makes reference to "maximum floor area ratios" recognized within the Clearwater Comprehensive Plan. Please explain. If it is the intention of the Applicant to increase the entitlements above those recognized within the Development Order, please specify within the current NOPC application. RESPONSE: The Applicant's intention was to allow an exchange of land uses on Parcel #7 that is based on such an exchange permitted through a previous DRI amendment for development on Parcel 4. As the Clearwater Comprehensive Plan is the current regulatory document within which proposed changes must be reviewed, this NOPC application was also reviewed under those regulations to ensure a Comprehensive Plan Amendment was not required. However, based on the updated conversion ratio the maximum amount of Office is 135,376sf, which is less than the maximum square footage permitted via the 0.40 FAR cap (139,302sf) and therefore no longer limited by the FAR cap. 6. Page 4. The Applicant has voluntarily agreed to limit potential Office uses on Parcel #7 to 79,010 sq. ft. until or unless assurance has been provided regarding accommodation of the additional solid waste volume anticipated. In the interim, does this mean that Parcel #7 could or would be comprised of a combination of Retail and Office land uses with Office not to exceed 79,010 sq. ft.? Please explain. RESPONSE: There are several potential scenarios for redevelopment of the Parcel. For example, if all of the existing structures on Parcel #7 were to be demolished and new construction was to take place, the limitation referenced by the reviewer would be accurate. However, if all of the existing structures (i.e., 50,712sf) were to be retained (and converted to Office use), 28,298 new square feet of Office use could be constructed and not exceed the 79,010sf "limitation". Any scenario which retained Retail square footage would require a reduction in the amount of converted (new) Office square footage using the proposed trade-off rate. Therefore the solid waste limitation should be triggered by any development on Parcel#7 that exceeds the equivalent of 79,010sf of Office. An update Amended Development Order reflecting this change is attached. 7. Existing Map H. It is stated within Parcel #7 that "55,278 sq. ft. exists on Parcels 7 and 9." Please note that a December 12, 2006 correspondence from Mr. Robert Pergolizzi submitted supplemental to the RY 2005-06 Annual Report indicated that "new construction completed on Parcel 9 is a 10,200 sq. ft. building" comprised of a Mattress Firm, Chipotle Grill and Verizon. Please note that this correspondence is part of the council's Development Order Records available at: http~//www tbrpc org/dri/do/92/do 92.pdf. RESPONSE: This comment is acknowledged. However, it should be pointed out that the reported square footage is not consistent with Pinellas County Property Appraiser Records wherein the square footage is documented as 10,700sf (copy of record attached). Furthermore, the subject NOPC application has been revised by the applicant to request an additional non-substantial change at the request of the City of Clearwater to address an existing development issue on Parcel #9 and to ensure that Parcel #7 does have 55,278sf of retail entitlements for exchange purposes (please see the Preface for documentation of this proposed change). 8. The Applicant has requested three year extensions of the buildout and Development Order expiration dates in conjunction with "recent" revisions to Subsection 380.06(19)(c), F.S. Council staff has reviewed the exhibit you provided ("Appendix E") in regard to your assertion that the project was under active construction on July 1, 2007 as required in order to potentially qualify for this extension. While Council staff prefers not to enter a debate of the definition of "active construction," please explain why the installation of "conduit only" within "proposed Office Complex" would constitute active construction. Was there a building permit that was valid during this same time period? RESPONSE: As the reviewer is aware, the term active construction" is not 'ned in the statute nor is it capitalized to, indicate that it refers to deft anything other than common, everyday usage of the terms. The Applicant believes that any development activity on the site that complies with the definition of the term "development" as defined within Chapter 380, Florida Statutes, would qualify as construction activity. The installation of conduit, whether for stormwater purposes, electrical systems, or other similar purposes, is a building or site construction activity that complies with the recent revisions allowing extensions of time. In this case, evidence of a building permit was provided as in Appendix E of the NOPC Application. Such active construction activities have been accepted by various local governments for the purposes of the three year extension requirements. Responses To Florida Department of Transportation (FDOT) Park Place DRI #92 1. The retail commercial -office exchange rate does not appear to be based upon ITE's Trip generation rates. Please provide the source of the proposed conversion rate between retail commercial and office (i.e. 1,000 sq. ft. of retail commercial exchanged for 2,875 sq. ft. of office). The retail commercial to office exchange rate needs to be based upon the current ITE Trip Generation characteristics. RESPONSE: Please see the response to TBRPC Comment #1 for the requested information. 2. Where is the Substantial Deviation Determination Chart? We need to see a trip generation comparison between the approved land uses and the proposed maximum land uses to ensure there will not be a 15% increase in external trips. RESPONSE: Please see the Preface of this response to comments document regarding prior land use changes approved for the development. TBRPC has indicated that a Substantial Deviation Chart is not required in this case due to nature of the changes proposed. 3. Page 3 of the NOPC application proposes a maximum 139,302 square feet of Office land use for Parcel 7. However, the Proposed Map H shows 139,390 square feet of Office for Parcel 7. Which number is correct? RESPONSE: Please the response to TBRPC Comments #1 and #3, the maximum Office square footage has been revised to 135,376sf. Map H has been revised accordingly and is attached. Please note that Parcel 7 now only shows the base entitlement of 55,278sf of Retail since the conversion of retail to office will occur subsequent to the approval of this NOPC. This change will be reported in the next DRI Annual Report, provided that the land use conversion is effectuated. 4. The proposed exchange from retail to office may result in a more pronounced directional traffic pattern in the PM peak hour, peak direction of travel. Office trips, according to ITE Trip Generation, are 83% outbound in the PM peak hour, comparing to a roughly 50/50 split for retail. Please ensure the exchange rate does not trigger significant PM peak hour impacts as a result of this difference in directional patterns. RESPONSE: The directionality of traffic concern has been negated by the use of a two-way external pm peak hour equivalency factor as typically required and accepted for such land use exchanges by both the FDOT and TBRPC. Moreover, this same methodology was deemed appropriate by both TBRPC and FDOT for the previous land use exchanges approved in the Park Place DRI Development Order. 5. Please also note that the proposed exchange may result in a higher number of AM peak hour trips, as retail has little or no trip generation activity during the AM peak hour, but the office component can expect a heavy and very directional (88% inbound) trip activity. Please ensure the AM peak hour peak direction traffic is compared and that no significant traffic impacts are triggered as a result of the exchange. RESPONSE: Please see the response to the previous comment. 6. The substantial deviation threshold for Office land use is 10% or 66,000 gross square feet, whichever is greater. (Florida Statute 380.06 (19)(b)(5)) According to the Land Use Summary in Map H, it appears this development is approved for 404,639 square feet. Therefore, the substantial deviation threshold would be 66,000. This NOPC proposes to add 139,302 square feet (or 139,390 depending on which number is correct, see question 3). The developer needs to rebut the presumption that this NOPC would create additional traffic impacts, This could be addressed by convincingly responding to Question 2 above. RESPONSE: The Applicant is proposing a conversion exchange that requires that the amount of Retail to be decreased simultaneously with the increase of the Office land use. This change is considered a "simultaneous increase and decrease" under Section 380.06(19)5.b. which is an exception to the cited substantial deviation criteria. This conversion has been calculated to ensure that there is no increase in traffic as a result of the land use exchange. 7. Page 3 of the NOPC application states that Parcel 7 is approved for 55,278 square feet of Commercial, and that only 49.,900 square feet of Commercial (Retail) exists on it today. However, the Existing Map H does not reflect this. Although it shows 55,287 square feet of Commercial approved for Parcel 7, it also says "55,278 SF exist on Parcels 7 and 9". Likewise on the Proposed Map H, Parcel 7 shows 139,390 square feet for Commercial/Office but also says "55,278 SF exist on Parcels 7 and 9". Please identify by parcel on Map H what currently exists on Parcels 7 and what exists on Parcel 9. RESPONSE: Please see the response to TBRPC Comment #2 for the existing square footage on Parcel #7 and TBRPC Comment #7 for the existing square footage on Parcel #9. The Attached Map H has been revised to reflect these square footages. 8. Parcel 7 in the Proposed Map H says "Commercial/Office 139,390 SF". The wording implies that Commercial and Office are synonymous and that 139,390 square feet of Commercial is allowed. This is not correct. The maximum square footage for Parcel 7 is either 55,278 for Commercial or 139,390 for Office. Please reformat the wording for Parcel 7 in Proposed Map H to be more accurate. RESPONSE: Please attached Map H for the requested revisions. 9. Note 2 on Proposed Map H should be updated to reflect the new build-out date of December 31, 2011. RESPONSE: Please attached Map H for the requested revision. 10.The formatting of the Land Use Table in Proposed Map H is confusing. Parcel 7 indicates that are 139,390 SF of Commercial/Office planned. However, the Land Use Table shows 100,000 SF of Office as "Planned". We would suggest reformatting the Land Use Table in Map H to make it easier to total all of the approved land uses. Please note, there is no explicit requirement we have found for Map H to include distinct columns for "Existing" and "Planned" development. The applicant may want to consider simplifying the Land Use Table to just provide totals for each proposed land use. The totals for each parcel should then add up to the totals in the Land Use Table. RESPONSE: Please attached Map H for the requested revisions. We have eliminated the "Existing" and "Planned" columns as suggested from the Land Use Table. In addition, we have relabeled the "Total" column as "Amount", as well as changed the amounts indentified to be consistent with the actual (specific) approved land use amounts in the DO as currently amended. Finally, we have footnoted the table to reference the various conversions approved for the development. The data for the individual parcels now shows the existing and allocated entitlements. However, one cannot simply add the Parcel information and achieve "Amount" total identified in the land use table in those cases where a land use conversion has or may be utilized. The use of the land use conversions are documented in the DRI Annual Reports prepared and submitted by the Master Developer. APPENDIX A. Revised Map H B. ITE Trip Generation & Passer-By Data C. Pinellas county Property Appraiser Data D. Amended Development Order N PARCEL 3 PARCEL l UGWT INDUSTRIAL 200,000 SF pco.oaa a nax,n,a) "~.'~"--EXISTING ACCE55 LAN D USE AMOUNT* RETAIL/ COMMERCIAL 91,820 SF OFFICE 404,639 SF LT. IN DUSTRIAL 200,000 SF MULTI-FAMILY RESIDENTIAL 390 DU TOTAL 696,459 SF / 390 DU MULTI-FAMILY 'ORIGINAL APPROVED LAND USE AMOUNTSAS SPECIFICALLYAMENDED. CERTAIN LAND USES ARE SUBJECT TO LAND USE EXCHANGE. O ,z~aJQd 234 D.U. SEE "NOTES" BELOW FORADDITIONAL INFORMATION. (t34 uULn-rnV:LY O.U. EX1St) EXISTING NOTES: _ ACCESS NATURAL 1. THE PROPOSED AMOUNT OF SQUARE FOOTAGE FOR INDIVIDUAL o o AREA UNDEVELOPED PARCELS ARE BASED ON BEST AVAILABLE MARKET a INFORMATION AND ARE SUBJECT TO CHANGE. THE AMOUNT OF w ~ ~ TOTAL DEVELOPMENT, HOWEVER WILL NOT EXCEED THE AMOUNT vl c ~~T4 PARCEL 2 ~ OF DEVELOPMENTAPPROVED BYTHE DEVELOPMENT ORDER. a ~ oFS=1cE ,, 0 82,79 SF OFFICE m°J MULTI-FAMILY r°- 2. THAT PORTION OF THE DEVELOPMENT THAT REMAINS TO BE ~ 101,900 SF ~ DEVELOPED IS REFERRED TO AS THE "PLANNED DEVELOPMENT". PARCEL 8 PARCEL 4 156 D.U. = THE BUILD-OUT DATE FOR THE PLANNED DEVELOPMENT AND FOR tesrn sr tnsn+n t,a, cao sr [>axa„~) ~ THE TOTAL PROJECT IS DECEMBER 31, 2011. (tae win-rnr~r ou. nsr) Q 3. CONVERSION RATES OF 1,000 SQUARE FEET OF LIGHT FUTURE INDUSTRIAL DEVELOPMENT TO 633 SQUARE FEET OF OFFICE DEVELOPMENT ARE HEREBY ESTABLISHED ON PARCEL 1 AS COMMERICAL/ ~~ ACCESS APPROVED BY ORDINANCE 5722-95. PARCEL 6 OFFICE Q PARCEL s 4. ANY MULTI-FAMILY RESIDENTIAL DEVELOPMENT WILL BE 55,27$ SF Ona,sec sr oFnct trsnNa} poc,aoo ar e~ncc nn:uttc) LIMITED TO PARCELS 2, 3, 6 A B. PARCEL 7 F ~ ~~ 5. PARCEL 6 IS PLANNED FOR 100,000 SQUARE FEET OF OFFICE (5,7,2 SF EXISTING) DEVELOPMENT. CONVERSION RATES OF 1,000 SQUARE FEET OF sEE NOTE s FoR '~'~~~ 5Ej (S SF OFFICE DEVELOPMENT TO 2.40 MULTI-FAMILY UNITS WITH A OFFICE CONVERSION MAXIMUM OF 240 UNITS, OR 1,000 SQUARE FEET OF OFFICE DEVELOPMENT TO 2.44 HOTEL ROOMS WITH A MAXIMUM OF 244 COMIdfRCIAI UNITS ARE HEREBY ESTABLISHED FOR PARCEL 6 AS APPROVED BY PARCEL 9 COtd)AfRCIAI COMMERCIAL ORDINANCE 6678-O1. (, o,7oosF PARCEL lO PARCEL 11 xisnec (t~,33~ !D' [ns'tn+d) 6. CONVERSION RATES OF 1,000 SF OF COMMERCIAL DEVELOPMENT U~ao3 si twr,NC) FOR 2,449 SQUARE FEET OF OFFICE DEVELOPMENT ARE HEREBY ESTABLISHED ON PARCEL 7 AS APPROVED BY ORDINANCE -_. GULF-TO-6AY 80ULEVARD COMMERCIAL 25,842 SF (nCtn+l) ixx.[~z S' Cfa3rrm) PARK PI~AGE QRI -- MASTER DEVELOPMENT PLAN MAP H pert;: Ftcul~tr: oen REVISED: Qnlpan~ AUG 18, 2009 Planning & Transportation Services DRAIVN l~Y. P.O. Box 10658 Tampa, Florida 33fii9-0658 MGC Pt~one:813.877.7489 Fax: 813.877.7609 TRIP GENERATION An ITE Informational Report 8th Edition ~ Volume 3 of 3 Trip Generation Rates, Plots and Equations • Institutional (Land Uses 500 - 599) • Medical (Land Uses 600 - 699) • Office (Land Uses 700 - 799) • Retail (Land Uses 800 - 899) • Services (Land Uses 900 - 999) ^ ~_~• Institute of Transportation Engineers General Office Building (710) Average Vehicle Trip Ends vs: On a: 1000 Sq. Feet Gross Floor Area Weekday, P.M. Peak Hour Number of Studies: 235 Average 1000 Sq. Feet GFA: 216 Directional Distribution: 17% entering, 83% exiting Trin Generation aer 1000 Sa. Feet Gross Floor Area Average Rate Range of Rates Standard Deviation 1.49 0.49 - 6.39 1.37 Data Plot and 4,000 3,000 c W •- d U_ ~ 2,000 N Q 1,000 0 X ~/ X ~/, 'X ~ X _____X__X i.~/________ ____________ ___________ X X X ~,X ~ X X ~, XX X X X - ~C 0 1000 X = 1000 Sq. Feet Gross Floor Area X Actual Data Points Fitted Curve Fitted Curve Equation: T = 1.12(X) + 78.81 2000 3000 ------ Average Rate R2 = 0.82 Trip Generation, 8th Edition 1205 Institute of Transportation Engineers Shopping Center (820) Average Rate Range of Rates Standard Deviation 3.73 0.68 - 29.27 2.74 Average Vehicle Trip Ends vs: 1000 Sq. Feet Gross Leasable Area On a: Weekday, Peak Hour of Adjacent Street Traffic, 5 One Hour Between 4 and 6 p.m. Number of Studies: 412 Average 1000 Sq. Feet•GLA: 379 Directional Distribution: 49% entering, 51 % exiting Trin Generation per 1000 Sq. Feet Gross Leasable Area Data Plot and Equation s,ooo a,oao ~,ooo N ~ 6,000 W Q H ~ 5,000 U L N rn 4,000 m Q 3,000 t ~: f<- yW -; r ~4X k t ' ~i i ~~ s ,; ' ri~~ c~-a ~N a, 2,000 1,000 -- --~- --~---~~--------,-~~- -X -- -- X--- -- - - --- X X ----- -- ----- ~~-- ---X--- -- --/ X----- ------~--~ - ------------------- X X X ~ ; ---- - - ---' --- X - -' ---'- -X'- ------ '---X'--"---'-'-'--'---.. X ~` ~ ~ '~ x ; X ~ .' X X X - - - -- -------------~--,--~-----~----------- ----- ----- X-- -X X~,'X~X X ~ X X ~X X X X ~~ Xx / X X ~ , --- X- ---- - -- - - -- - - -- --- ------r- -----~---------- X ~ ~ ; X ~X , X - X-X3~ -- --------------------------- ------------------- X X-X- --- , XX X 0 ~° 0 1000 2000 X = 1000 Sq. Feet Gross Leasable Area Fitted Curve 3000 X Actual Data Points Fitted Curve Equation: Ln(T) = 0.67 Ln(X) + 3.37 a ------ Average Rate RZ = 0.81 Trip Generation, 8th Edition .~ 1502 Institute of Transportation Engineers Trip Generation Handbook Second Edition An ITE Recommended Practice . ~ June 2004 Institute of Transportation Engineers Figure 5.5 Shopping Center (820) Average Pass-By Trip Percentage vs: 1,000 Sq. Feet Gross Leasable Area On a: Weekday, p.m. Peak Period Number of Studies: 100 Average 1,000 Sq. Feet GLA: 329 Data Plot so so 70 m rn U ~ 0_ n. H ~ m W Q_ ~ m t0 m Q 30 H X -----; --X- ---- - ----- - ---- - ------- -- - ---- ; ----- ;----- ----, ---- X xxx,----- ---- -----; ---- ~--- -- - ---- --- - ----- ---- ---- ---~ X X X X -xX-• --x--~------•------ ~------•------•------~~-----~-- - -~- - -~------~---~- X X X ~, X X X X ~ X .~.X_. _.. _.._ -.__. ~..__- ---._,..----~ ..............---.. _.------~..... ~X X 1C X~~ ~ X X X. ~ ~ X X X. - - - X -~X~X X - ; ~ X - - - ~ - -X X- - X i - - - - - - - X ; - X X- - - - - - ; - - - - - - - - - - - - - ,X X ~ X X X X ----, X-, ---- ---X iX --X-} --X- -X-- -- ;X CSC X~ --~-i-- i ---~-,-- X X X X. ~ X. , -------------- ~----; ----- ----~~~~--- i ---- ---- ---~- ---- -----1 ---- 20 10 0 0 100 200 300 400 500 600 700 800 X = 1000 Sq. Feet Gross Leasable Area X Actual Data Points Fitted Curve Fitted Curve Equation: Ln(T) _ -0.29 Ln(X) + 5.00 900 1000 1100 1200 RZ .0.37 Trip Generation Handbook, 2nd Edition Chapter 5 ^ ITE 47 Property Appraiser General Information interactive Ma of this Sales ap rcel Que11' Portability Calculator Back. to Query New Results Search Page 1 of 7 Tax Collector Home Question/Comment about this Page. page 17-29-16-00000-230-1100 Data Current as of July 28, 2009 Im_provement_Value Print - er F.S. 553.844 X3:03 pm Monday August 3] p Ownership/Mailing Address Site Address (First Building) GLENBOROUGH PARK 430 PARK PLACE BLVD CLEARWATER 33759 PLACE LLC 400 S EL CAMINO REAL # 1100 Jum to buildin SAN MATED CA 94402- (1) 430 PARK PLACE BLVD CLEARWATER 33759 1706 ~~ ,' . Proper~_Use 1832 (General Office Bldg -multi-story office Living Units: 0 building predominantly non-professional services) Legal Description:FROM SE COR OF NW 1/4 TH W 2037.78FT TH N 60FT TH N 289.86FT FOR POB TH N 310.13FT TH W 198.43FT TH N 134FT THE 245.99FT TH TH N45DE 318.43FT TH S45DE 326.O1FT TH S64DE 182.92FT TO PARK PLACE BLVD TH CUR 2009 Exemptions Homestead: No Save-Our-Homes Cap Percentage: 0.00% Non-Homestead 10% Cap: Yes Government: No Institutional: No Agricultural: $0 Historic: $0 2009 Parcel Information Most Recent Conveyance Com _arable__Sales Value Census Tract Plat Book/Page 15542/0965 Sales __ _uei ~ 121030268082 2009 Value Information (PKIKL1M11vAxY) Save=Our- _Juust/Market Assessed_Value/ County School Municipal Year Homes Cap Value SOH. Cap Taxable Value Taxable Value Taxable.. Value 2009 No $4,275,000 $4,275,000 $4,275,000 $4,275,000 $4,275,000 [click here to hide] Value History Save-Our- Year Homes Cap 2008 No 2007 No 2006 No 2005 No 2004 No 2003 No 2002 No 2001 No 2000 No 1999 No Just/Market Value $4,500,000 $4,460,000 $4,600,000 $4,450,000 $4,000,000 $4,000,000 $3,950,000 $3,805,800 $3,729,000 $3,734,900 Assessed Value/ SOH Cap $4,500,000 $4,460,000 $4,600,000 $4,450,000 $4,000,000 $4,000,000 $3,950,000 $3,805,800 $3,729,000 $3,734,900 COUI1ty Taxable Value $4,500,000 $4,460,000 $4,600,000 $4,450,000 $4,000,000 $4,000,000 $3,950,000 $3,805,800 $3,729,000 $3,734,900 School Taxable Value $4,500,000 N/A N/A N/A N/A N/A N/A N/A N/A N/A Municipal. Taxable Value $4,500,000 $4,460,000 $4,600,000 $4,450,000 $4,000,000 $4,000,000 $3,950,000 $3,805,800 N/A N/A http://www.pcpao.org/general.php?pn=162917000002301100&sn=0&idTool=true&aerFlag... 8/3/2009 Property Appraiser General Information Page 2 of 7 1998 No $3,081,400 $3,081,400 $3,081,400 N/A N/A 1997 No $2,819,100 $2,819,100 $2,819,100 N/A N/A 1996 No $2,792,600 $2,792,600 $2,792,600 N/A N/A 2008 Tax Information Tax District: Current Tax Bill CW Total Millage: 20.3578 Non Advalorem $0.00 Assessments: Taxes: $91,610.10 Taxes without any $91,610.10 exemptions: A significant change in taxable value may occur when sold due to changes in the market or the removal of exemptions. Click_h.ere for more information. Ranked Sales See all transactions Sale Date Book/Page Price 10 Dec 1998 10333 / 1429 $16,400,000 02 Dec 1993 08488 / 2031 $7,210,000 Apr 1985 05978 / 2105 $11,795,400 Oct 1983 05632 / 0088 $1,310,000 Q/U V/I U I U I U U Land Information Seawall: No Frontage: None View: Land Use Land Size Unit Value Units ______ Off Bldg Multi-Story (18) 0x0 7.75 348480.0000 [click here to hide] Building 1 Structural Elements Back to Top Site Address: 430 PARK PLACE BLVD CLEARWATER 33759 Quality: Average Recreation: Foundaton: Spread/Mono Footing Floor System: Masonry Pil/Stl Exterior Wall: Concrete Blk/Stucco Roof Frame: Bar Joint/Rigid Frame Roof Cover: Blt Up Metal/Gypsum Stories: 1 Floor Finish: Carpet Combination Interior Finish: Dry Wall Fixtures: 24 Year Built: 1985 http://www.pcpao.org/general.php?pn=162917000002301100&sn=0&idTool=true&aerFlag Method SF 8/3/2009 Property Appraiser General Information Effective Age: 20 Page 3 of 7 No Building Drawing Cooling: Heat & Cooling Pkg .1 Building 1 Sub Area Information Description Building Finished Ft? Gross Area Ft2 Factor Effective Ft2 Base 18,976 18,976 1.00 18,976 Canopy only or loading 0 7,222 0.25 1,806 platform) Total Building finished SF: 18,976 Total Gross SF: 26,198 Total Effective SF: 20,782 [click here to hide] Building 2 Structural Elements Back to_To_p Site Address: 430 PARK PLACE BLVD CLEARWATER 33759 Quality: Average Recreation: Foundaton: Spread/Mono Footing Floor System: Masonry Pil/Stl Exterior Wall: Concrete Blk/Stucco Roof Frame: Bar Joint/Rigid Frame Roof Cover: Blt Up Metal/Gypsum Stories: 1 Floor Finish: Carpet Combination http://www.pcpao.org/general.php?pn=162917000002301100&sn=0&idTool=true&aerFlag... 8/3/2009 Property Appraiser General Information Page 4 of 7 Interior Finish: Dry Wall Fixtures: 12 Year Built: 1985 Effective Age: 20 No Building Drawing Available Cooling: Heat & Cooling Pkg Building 2 Sub Area Information Description Building Finished Ft? Gross Area Ft? Factor Effective Ft? Bas_e_ 19,426 19,426 1.00 19,426 Total Building finished SF: 19,426 Total Gross SF: 19,426 Total Effective SF: 19,426 [click here to hide] Building 3 Structural Elements Back to Top Site Address: 430 PARK PLACE BLVD CLEARWATER 33759 Quality: Average Recreation: Foundaton: Spread/Mono Footing Floor System: Masonry Pil/Stl Exterior Wall: Concrete Blk/Stucco Roof Frame: Bar Joint/Rigid Frame Roof Cover: Blt Up Metal/Gypsum Stories: 1 Floor Finish: Carpet Combination Interior Finish: Dry Wall http://www.pcpao.org/general.php?pn=162917000002301100&sn=0&idTool=true&aerFlag... 8/3/2009 Property Appraiser General Information Fixtures: 10 Year Built: 1985 Effective Age: 20 Page 5 of 7 No Building Drawing Cooling: Heat & ,,,~ ~ ,. Cooling Pkg Building 3 Sub Area Information Description Building F. nished. Ft2 Gross Area Ft2 Factor Effective Ft2 Base 12,310 12,310 1.00 12,310 __... Canopy(only_or loading 0 4,993 0.25 1,248 platform) Total Building finished SF: 12,310 Total Gross SF: 17,303 Total Effective SF: 13,558 [click here to hide] Residential Extra Features Description Dimensions Value/Unit Units Total NewValue Depreciated Value Year ASPHALT $1.75 62,000.00 $108,500.00 $108,500.00 0 FIRESPRINK $2.00 18,976.00 $37,952.00 $21,253.00 1985 FIRESPRINK $2.00 19,426.00 $38,852.00 $21,757.00 1985 FIRESPRINK $2.00 12,310.00 $24,620.00 $13,787.00 1985 click here to hide Permit Data Permit information is received from the County and Cities. This data may be incomplete and may exclude permits that do not result in field reviews (for example for water heater replacement permits). Any questions regarding permits should be directed to the permitting office in which the structure is located. Permit Number Descri tion Issue Date Estimated Value BCP2008-09357 UNKNOWN -RESEARCH NEEDED 09 Oct 2008 $7,200 200807111 COMMERCIAL ADD 29 Se 2008 ~ $0 200709093 COMMERCIAL ADD OS Dec 2007 $28,000 200704438 ASPHALT OS Jun 2007 $0 200502229 FIRESPRINK 30 Mar 2005 $1,070 ~-~ ~ http://www.pcpao.org/general.php?pn=162917000002301100&sn=0&idTool=true&aerFlag... 8/3/2009 Property Appraiser General Information Page 6 of 7 200501082 ~~ SPECIAL USE ~ 25 Feb 2005 ~ $1,795 200410227 FIRESPRINK 19 Nov 2004 $9,750 200407293 SPECIAL USE 25 Au 2004 $26,000 200407465 POOL 25 Au 2004 $0 200402397 SPECIAL USE 24 Ma 2004 $30,000 200309658 SPECIAL USE 13 Oct 2003 ~ $29,700 200103254 SPECIAL USE 14 Ma 2001 $12,250 200005134 SPECIAL USE 17 Ju12000 $10,000 - $8,000 98080384 COMMERCIAL ADD 02 Oct 1998 ~ adius 0.5 erials: ,2007 Color ~ Transparency: (feet): 2601 _. If you do not see map, the SVG viewer has not been installed.C_lic_ k he__re for_information and .installation. How to copy and paste a static map using Internet Explorer: Right-click on the map; Select "Copy SVG"; Open a Word c Special" from Edit menu on toolbar; Select Bitmap, then OK How to copy and paste a static map using Mozilla Firefox: Right-click on the map; Select "This Frame"; Select "Open Fra from the new window. Click here for __ Interactive Map http://www.pcpao.org/general.php?pn=1629170000023 01100&sn=0&idTool=true&aerFlag... 8/3/2009 Property Appraiser General Information Page 7 of 7 http://www.pcpao.org/general.php?pn=162917000002301100&sn=0&idTool=true&aerFlag... 8/3/2009 Interactive Map of this Sales_ Back to Query N__e__w Tax Collector Home Question;Comment about this parcel Query Results Search Page page Property Appraiser General Information Page 1 of 4 Interactive Map ofi this Sales Back_to Query New Tax Collector Home Quest_io_n!Comment about this ap rcel Query Results Search Page page 17-29-16-59392-001-0010 Portability Data Current as of July 28, 2009 Print Improvement. Value Calculator [3:03 pm Monday August 3] per F.S. 553_,844 Ownershi /Mailin Address Site Address ''' ,; K B INVESTMENT HOLDINGS LTD ''~ ~-_"`` X~ C/O BOULDER VENTURES 2662 GULF TO BAY BLVD ~.~ ' .,,; 2226 SR 580 CLEARWATER 33759 ,~;-; ~.f CLEARWATER FL 33763- Property Use: 1121 (Strip Store - (2 or more stores -some may Living Units: 0 include an office, convenience store, bar and/or restaura) Legal Description:J.J. MUGGS SUB BLK 1, LOT 1 2009_Exemptions Homestead: No Save-Our-Homes Cap Percentage: 0.00% Non-Homestead 10% Cap: Yes Government: No Institutional: No Agricultural: $0 Historic: $0 2009_Parc_e_1_ Information Most Recent Conve ance Com. __ara_ble Sales_Val_ue Census Tract Plat Book/Pa e 13580/0464 Sales Que_ C 1030268082 091/040 20.09. Value_Infor_mation_~PRELIMINARY) Year Save-Our- Just/Market Assessed Value/ County. School Municipal Homes Cad Value SOH Cap Taxable Value Taxable Value Taxable Value 2009 No $2,300,000 $2,300,000 $2,300,000 $2,300,000 $2,300,000 [click here to hide] Value History Save-Our- Year Homes Cap 2008 No 2007 No 2006 No 2005 No 2004 No 2003 No 2002 No 2001 No 2000 No 1999 No 1998 No 1997 No 1996 No Just/Market Assessed Value/ County Taxable .Value $2,675,000 $2,660,000 $2,600,000 $642,800 $1,000,000 $890,000 $800,000 $806,600 $802,400 $799,700 $805,200 $638,800 $641,800 School Taxable Munici~ Taxable Value $2,675,000 $2,660,000 $2,600,000 $642,800 $1,000,000 $890,000 $800,000 $806,600 N/A N/A N/A N/A N/A Value SOH Cap $2,675,000 $2,675,000 $2,660,000 $2,660,000 $2,600,000 $2,600,000 $642,800 $642,800 $1,000,000 $1,000,000 $890,000 $890,000 $800,000 $800,000 $806,600 $806,600 $802,400 $802,400 $799,700 $799,700 $805,200 $805,200 $638,800 $638,800 $641,800 $641,800 2008 Tax Information Value $2,675,000 N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A Ranked Sales See all transactions http://www.pcpao.org/general.php?pn=162917593920010010&sn=0&idTool=true&aerFlag... 8/3/2009 Property Appraiser General Information Current Tax Bill Total Millage: Non Advalorem Assessments: Taxes: $0.001 $54,457.14 ~ Sale Date 18 May 2004 04 Mar 2003 23 Jun 1997 OS Jul 1989 Taxes without any $54,457.11 exemptions: A significant change in taxable value may occur when sold due to changes in the market or the removal of exemptions. Click here for more information. Seawall: No Land Information Frontage: None Page 2 of 4 Book/Page Price ~U V/I 13580 / 0460 $1,650,000 U I 12573 / 1441 $1,338,200 Q I 09749 / 0049 $1,275,000 Q I 07036 / 0042 $1,500,000 Q I View: Land Use Land Size Unit Value Units Method Stores, 1 Story (11) 0x0 19.25 54014.0000 SF [click here to hide] Building 1 Structural Elements Back to Top Site Address: 2662 GULF TO BAY BLVD CLEARWATER 33759 Quality: Excellent Recreation: Foundaton: Spread/Mono Footing Floor System: Masonry Pil/Stl Exterior Wall: Concrete Blk/Stucco Roof Frame: Bar Joint/Rigid Frame Roof Cover: Blt Up Metal/Gypsum Stories: 1 Floor Finish: Carpet Combination Interior Finish: Dry Wall Fixtures: 22 Year Built: 2005 Effective Age: 4 Cooling: Heat & Cooling Pkg Description ~~~ ~, n 04?ei~ot in New. Window BAS }n ;f~, OPF ~_~ "i !i ,4" Building 1 Sub Area Information Building. Finished Ft2 Gross Area Ft2 Factor Effective Ft2 Tax District: C:W 20.3578 http://www.pcpao.org/general.php?pn=162917593920010010&sn=0&idTool=true&aerFlag... 8/3/2009 Property Appraiser General Information Page 3 of 4 Base 9,952 9,952 1.00 9,952 Open Porch_ 0 468 0.30 140 Utility_._Unfinished 55 55 0.40 22 Total Building finished SF: 10,007 Total Gross SF: 10,475 Total Effective SF: 10,114 [click here to hide] Residential Extra Features Description Dimensions Value/Unit Units Total NewValue Depreciated Value Year ASPHALT 30 SPCS $1.75 7,500.00 $13,125.00 $13,125.00 0 click here to hide Permit Data Permit information is received from the County and Cities. This data may be incomplete and may exclude permits that do not result in field reviews (for example for water heater replacement permits). Any questions regarding permits should be directed to the permitting office in which the structure is located. Permit Number Descri tion Issue Date Estimated Value 200512058 FIRESPRINK 23 Au 2006 $9,900 200512010 COMMERCIAL ADD 23 Au 2006 $2,185 200412538 NEW COMMERCIAL 26 Ma 2005 $0 200409154 DEMOLITION 14 Oct 2004 $0 200409163 PARTIAL DEMO 14 Oct 2004 $0 adius erials: 2007. Color ~, Transparency: 0.5 (feet): 870 if you do not see map, the SVG viewer has not been installed. Click here for_nform_ ation and installation. How to copy and paste a static map using Internet Explorer: Right-click on the map; Select "Copy SVG"; Open a Word c Special" from Edit menu on toolbar; Select Bitmap, then OK ow to copy and paste a static map using Mozilla Firefox: Right-click on the map; Select "This Frame"; Select "Open Fra from the new window. Click here for Interactive Map http://www.pcpao. org/general.php?pn=162917593920010010&sn=0&idTool=true&aerFlag... 8/3/2009 Property Appraiser General Information Page 4 of 4 Interactive Map of this_ parcel Sales Back to Query C~uer~ Results New Tax Collector Ho__me Question/Comment about this Search Page page http://www.pcpao.org/general.php?pn=162917593920010010&sn=0&idTool=true&aerFlag... 8/3/2009 ORDINANCE NO. 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, ORDINANCE NO. 6678-01, AND ORDINANCE NO. 7215-03, 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; INCORPORATING A REVISED MAP H/MASTER DEVELOPMENT PLAN; PROVIDING A CONVERSION FACTOR FOR RETAIL AND OFFICE DEVELOPMENT IN PARCEL 7; ALLOCATING RETAIL DEVELOPMENT TO PARCEL 7; ADDING RETAIL DEVELOPMENT TO PARCEL 9; EXTENDING THE BUILDOUT DATE AND TERMINATION DATE PURSUANT TO SECTION 380.06(19)(C), FLORIDA STATUTES; DETERMINING THAT SAID AMENDMENTS ARE 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 January 15, 2004, the City Commission adopted Ordinance 7215- 03, an Amendment to the Development Order; and WHEREAS, on , 2009, Glenborough LLC, a Florida limited liability company, 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 WHEREAS, the NOPC proposes to amend the Development Order to (i) incorporate a revised Map H/Master Development Plan as shown in Exhibit "B", attached hereto and incorporated herein; (ii) provide a land use conversion factor for Parcel 7 for the conversion of approved retail commercial development to office development; (iii) allocate 55,278 square feet of previously approved retail to Parcel 7; (iv) add 10,700 square feet of retail to Parcel 9; (v) recognize the extension of the buildout date to December 31, 2011, pursuant to Section 380.06(19)(c), Florida Statutes; and (vi) recognize the extension of the termination date for this Development Order to December 31, 2011 pursuant to Section 380.06(19)(c), Florida Statutes.; and WHEREAS, the Proposed Changes, combined with previous amendments to the Development Order, are 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 DRIs; 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, No. 6107-96, No. 6678-01 and No. 7215-03, 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. Glenborough LLC, a Florida limited liability company, the owners of undeveloped portions of the DRI, have proposed the following amendments to the Development Order: 1. incorporating a revised Map H/Master Development Plan, as shown on Exhibit "B" attached hereto and incorporated herein; and 2. adding a land use conversion factor for Parcel 7 for the conversion of approved retail commercial development to office development; and 3. allocating 55,278 square feet of previously approved retail to Parcel 7; and 4. adding 10,700 square feet of retail to Parcel 9; and 5. recognizing the extension of the buildout date to December 31, 2011, pursuant to Section 380.06(19)(c), Florida Statutes; and 6. recognizing the extension of the termination date for this Development Order to December 31, 2011 pursuant to Section 380.06(19)(c), Florida Statutes; and 7. Modifying certain provisions of the Development Order to be consistent with changes described in the NOPC. C. A comprehensive review of the impacts generated by the Proposed Changes, together with all previous amendments, has been conducted by the City's departments, the TBRPC and the DCA. D. The Proposed Changes are not located in an area of critical state concern designated as such pursuant to Section 380.05, Florida Statutes (1993). E. The Proposed Changes, together with all previous amendments, do not increase the external traffic impact of the development, nor do they create additional impacts on other public facilities, including water, wastewater, drainage, recreation and mass transit, from the original projections set forth in the Application for Development Approval ("ADA"), with the exception of solid waste which requires additional capacity to be available when required for development on Parcel 7 in excess of the equivalent of 79,010 square feet of office. F. The Proposed Changes hereby approved are 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 Development 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 Changes are consistent with the local land development regulations currently in effect. D. The Proposed Changes, together with all previous amendments, do 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 Changes, therefore, do not constitute a "substantial deviation" from the Development Order, pursuant to Chapter 380.06, Florida Statutes. The Proposed Changes are 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 Changes to the Development Order as approved by this ordinance. F. The Proposed Changes are 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, Glenborough LLC, 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 Map H/Master Development Plan attached hereto as Exhibit "B." B. Subsection 4.C. of the Development Order is amended to read: 4.C. The Project is approved for 390 multi-family dwelling units and a total maximum floor area of 685,759 square feet, comprised of a maximum 404,639 square feet of office use, a maximum 200,000 square feet of industrial use and a maximum 91,820 square feet of retail commercial use, subject to the conversion factor set forth in Subsection 4.A.A. The approved development rights are allocated among the parcels as shown on Map H/Master Development Plan, attached hereto as Exhibit "B." The owner of a parcel to which development rights are allocated may assign all or part of those development rights to another parcel or parcels so long as the land use designation of the parcel to which the assignment is made permits development of the rights assigned. The permitted maximum floor area is to be approved subject to the FAR limitations set forth below. C. Subsection 4.C.2. of the Development Order is deleted in its entirety. D. Subsection 4.A.A. of the Development Order is amended to add the following: A conversion factor to permit 1,000 square feet of retail commercial development to be converted to 2,449 square feet of office development is hereby established for the retail commercial area shown as Parcel 7 on Exhibit "B." This conversion factor is set forth in the following table: LAND USE TRADE-OFF RATES PARCEL 7 EXISTING DEVELOPMENT MAY BE CONVERTED TO: 1,000 sq. ft. Retail 2,449 sq. ft. Office Notwithstanding the foregoing, development on Parcel 7 shall be limited as follows: MINIMUM MAXIMUM Office 0 135,376 square reef of uo~r area Thirty (30) days prior to issuance of any permit which utilizes the conversion factors, DCA and TBRPC shall. receive notice, from the Developer, of the proposed use of the conversion ratio. If the cumulative amount of any development on Parcel 7 exceeds the equivalent of 79,010 square feet of office, then the Developer shall provide documentation to the City and TBRPC that additional solid waste capacity is available to serve the additional solid waste demand generated by the development. E. The build-out date is extended to December 31, 2011 pursuant to Section 380.06(19)(c), Florida Statutes. F. The termination date is extended to December 31, 2011 pursuant to Section 380.06(19)(c), Florida Statutes. G. The amendments stated herein, together with all previous amendments, do not constitute a substantial deviation, pursuant to Chapter 380.06, Florida Statutes. H. 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. I. The City Clerk shall send copies of this ordinance, within five (5) days after passage of this ordinance on second reading to Glenborough LLC, DCA and TBRPC. J. This ordinance shall be deemed rendered upon transmittal of copies hereof to TBRPC and DCA. K. 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. 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 PASSED ON SECOND READING FINAL READING AND ADOPTED 2009 Printed Name: Mayor-Commissioner Approved as to form: Attest: Printed Name: Title: Printed Name: City Clerk EXHIBIT "A" TO ORDINANCE NO. LEGAL DESCRIPTION OF PARK PLACE Commence at the center of Section 17, Township 29 South, Range 16 East, Pinellas County, Florida and go S 89°46'01" 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 00°19'21" 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 89°46'01" W, 58.49 feet; thence N 00°13'59" W, 10.00 feet; thence S 29°46'01" W, 1319.21 feet; thence, leaving said North right-of--way line, N O1°04'04" E, 599.99 feet; thence S 89°46'01" W, 198.43 feet; thence N 00°52'21" E, 554.70 feet; thence S 89°54'49" 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 O 1°04'04" 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 11°56'04" E, thence N 22°47'58" 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 20°51'27" 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 89°54'49" 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 00°22'28" 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 89°56'11" 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 00°19'21" E, 2337.71 feet, along said West right-of--way line; thence S 89°46'01" W, 627.00 feet; thence S 00°10'21" 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 Lloveras, Baur & Stevens, Consulting Engineers-Land Surveyors, Clearwater, Florida, February 23, 1982. ~w EXHIBIT "B" Map H /Master Development Plan ~ompany October 13, 2009 Mr. Robert G. Tefft Development Review Manager City of Clearwater Planning Department P.O. Box 4748 Clearwater, FL 33758-4748 Reference: Park Place -DRI# 92 - NOPC (DRI2009-00001) Dear Mr. Tefft: Below please find responses to the comments provided in your letter of September 28, 2009. In addition, electronic copies of these responses and the revised DRI Development Order language have been provided to you via a-mail. Please let us know if you have not received them or have any problems opening the attachments. Section 2. Item B.4. There is no evidence to suggest 10,700 square feet of retail floor area exists. The building was approved and permitted at 10,200 square feet. Modify accordingly. Response: The requested change has been made. Please see the attached revised Development Order language and Map H provided as Exhibit B to the Development Order for the subject changes. We apologize for the typographical error. 2. Section 4. Item B. The maximum floor area (685,759 square feet) must be amended to equal the sum of the office, industrial and retail floor areas. Response: The requested changes have been made. Please see the attached revised Development Order language for the subject changes. The land uses and amounts identified in this section now account for the current development completed to date and the land use entitlements remaining to be developed. In addition we have made other minor changes in the text of this section to eliminate the square footage references as "maximums" since the actual maximum development by land use is dependent on the various exchange ratios identified for individual parcels within the Development Order. Since some of the remaining land use entitlements may be subject to land use exchanges, the maximum development amount for each land use or for the total development cannot be identified until all development is complete. As a hypothetical example 100,000sf of Industrial was previously exchanged of 63,300sf of Office; however a significant amount of the office has not been constructed and therefore could potentially be converted back into Industrial and the maximum call outs in the Development Order would then be incorrect. 3. Section 4. Item B. A maximum of 404,639 square feet of office use is indicated, which is consistent with the language presently in this section of the development order/ordinance; however the NOPC includes a conversion factor that would result in a substantially greater figure, Therefore, this "maximum" must be Planning & Transportation Services Mailing Address: P.O. Box 10658 Tampa, Florida 33679-0658 Phone: 813.877.7989 I~"hysrcal Address: 4121 West Cypress Street, Tampa, Florida 33607 Fay: 813.877.7609 www.CoenCoConsulting.com adjusted to accommodate all existing office square footage as well as the office square footage that may result through the use of the conversion factor. Response: The square footage has been revised. However, it is important to note that the reason the Office square footage was increased is because the city and TBRPC received an official request (letter) notifying them that the 100,OOOsf of Industrial square footage has been exchanged for 63,300sf of Office. If the official request had not been filed, then the lower office square footage (404,639sf) and the higher industrial square footage (200,OOOsf vs. 100,OOOsf) would be correct. If we were to identify the theoretical maximums for each land use, the identified square footages would significantly exceed the land use entitlements approved for the development and could therefore be misleading. Please see the response to the previous comment regarding the "maximum" issue. Also, please note a maximum of 135,376 square feet of office has been identified for Parcel 7 in Section 4.D. of the amended Development Order language. 4. Provide an electronic/digital copy of the revised ordinance. Response: An electronic/digital copy of the revised ordinance (Development Order amendatory language) is being provided to you via e- mailed as well as on a computer disk accompanying this letter. Next Step: Submittal of Revised Materials Please submit 15 complete sets of revised applications and supporting materials addressing the above comments. Your item has been tentatively scheduled for the Community Development Board (CDB) meeting of November 17, 2009. In order to remain on schedule for this meeting the necessary revisions must be submitted no later than Noon Friday October 16, 2009. Response: The responses to your comments and the revised Development Order language have been provided via regular mail and a-mail this day to satisfy your request for electronic copies of the documents and to meet the above submittal date. Please let me know if you require any additional information. Sincerely, Coen & Company T___..____._ __. ~~ Randy-Coen, AICP President Enclosure: 15 copies of letter and revised Development Order Ordinance XC: Mr. John Meyer, TBRPC (2 copies w/enc.) Mr. Kevin Heravi, Glenborough (w/enc.) Mr. Dave Mechanik, MNH&W (w/enc.) '~~1~' ORDINANCE NO. 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, ORDINANCE NO. 6678-01, AND ORDINANCE NO. 7215-03, 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; INCORPORATING A REVISED MAP H/MASTER DEVELOPMENT PLAN; PROVIDING A CONVERSION FACTOR FOR RETAIL AND OFFICE DEVELOPMENT IN PARCEL 7; ALLOCATING RETAIL DEVELOPMENT TO PARCEL 7; ADDING RETAIL DEVELOPMENT TO PARCEL 9; EXTENDING THE BUILDOUT DATE AND TERMINATION DATE PURSUANT TO SECTION 380.06(19)(C), FLORIDA STATUTES; DETERMINING THAT SAID AMENDMENTS ARE 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 January 15, 2004, the City Commission adopted Ordinance 7215- 03, an Amendment to the Development Order; and WHEREAS, on March 25, 2009, Glenborough LLC, a Florida limited liability company, 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 WHEREAS, the NOPC proposes to amend the Development Order to (i) incorporate a revised Map H/Master Development Plan as shown in Exhibit "B", attached hereto and incorporated herein; (ii) provide a land use conversion factor for Parcel 7 for the conversion of approved retail commercial development to office development; (iii) allocate 55,278 square feet of previously approved retail to Parcel 7; (iv) add 10,200 square feet of retail to Parcel 9; (v) recognize the extension of the buildout date to December 31, 2011, pursuant to Section 380.06(19)(c), Florida Statutes; and (vi) recognize the extension of the termination date for this Development Order to December 31, 2011 pursuant to Section 380.06(19)(c), Florida Statutes.; and WHEREAS, the Proposed Changes, combined with previous amendments to the Development Order, are 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 DRIs; 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, No. 6107-96, No. 6678-01 and No. 7215-03, 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. Glenborough LLC, a Florida limited liability company, the owners of undeveloped portions of the DRI, have proposed the following amendments to the Development Order: 1. incorporating a revised Map H/Master Development Plan, as shown on Exhibit "B" attached hereto and incorporated herein; and 2. adding a land use conversion factor for Parcel 7 for the conversion of approved retail commercial development to office development; and 3. allocating 55,278 square feet of previously approved retail to Parcel 7; and 4. adding 10,200 square feet of retail to Parcel 9; and 5. recognizing the extension of the buildout date to December 31, 2011, pursuant to Section 380.06(19)(c), Florida Statutes; and 6, recognizing the extension of the termination date for this Development Order to December 31, 2011 pursuant to Section 380.06(19)(c), Florida Statutes; and 7. Modifying certain provisions of the Development Order to be consistent with changes described in the NOPC. C. A comprehensive review of the impacts generated by the Proposed Changes, together with all previous amendments, has been conducted by the City's departments, the TBRPC and the DCA. D. The Proposed Changes are not located in an area of critical state concern designated as such pursuant to Section 380.05, Florida Statutes (1993). E. The Proposed Changes, together with all previous amendments, do not increase the external traffic impact of the development, nor do they create additional impacts on other public facilities, including water, wastewater, drainage, recreation and mass transit, from the original projections set forth in the Application for Development Approval ("ADA"), with the exception of solid waste which requires additional capacity to be available when required for development on Parcel 7 in excess of the equivalent of 79,010 square feet of office. F. The Proposed Changes hereby approved are 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 Development 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 Changes are consistent with the local land development regulations currently in effect. D. The Proposed Changes, together with all previous amendments, do 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 Changes, therefore, do not constitute a "substantial deviation" from the Development Order, pursuant to Chapter 380.06, Florida Statutes. The Proposed Changes are 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 Changes to the Development Order as approved by this ordinance. F. The Proposed Changes are 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, Glenborough LLC, 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 Map H/Master Development Plan attached hereto as Exhibit "B." B. Subsection 4.C. of the Development Order is amended to read: 4.C. The Project is approved for 390 multi-family dwelling units and a total ~=n~i~tum-floor area of 659.2~9~i~~~7~ square feet, comprised of 4C~7,9394~4;F~-39 square feet of office use, ~Tx~nru 100,0002A~}:-(~A{l square feet of industrial use and a~;~=-n=u=;= 91,3203-1-8-?8 square feet of retail commercial use, subject to the conversion factors set forth in Subsection 4.A.A. The approved development rights are allocated among the parcels as shown on Map H/Master Development Plan, attached hereto as Exhibit "B." The owner of a parcel to which development rights are allocated may assign all or part of those development rights to another parcel or parcels so long as the land use designation of the parcel to which the assignment is made permits development of the rights assigned. The permitted maximum floor area is to be approved subject to the FAR limitations set forth below. C. Subsection 4.C.2. of the Development Order is deleted in its entirety. D. Subsection 4.A.A. of the Development Order is amended to add the following: A conversion factor to permit 1,000 square feet of retail commercial development to be converted to 2,449 square feet of office development is hereby established for the retail commercial area shown as Parcel 7 on Exhibit "B." This conversion factor is set forth in the following table: LAND USE TRADE-OFF RATES PARCEL 7 EXISTING DEVELOPMENT MAY BE CONVERTED TO: 1,000 sq. ft. Retail 2,449 sq. ft. Office Notwithstanding the foregoing, development on Parcel 7 shall be limited as follows: 1V1[INIMUM MAXIMUM Office 0 135,376 square reef of poor area Thirty (30) days prior to issuance of any permit which utilizes the conversion factors, DCA and TBRPC shall receive notice, from the Developer, of the proposed use of the conversion ratio. If the cumulative amount of any development on Parcel 7 exceeds the equivalent of 79,010 square feet of office, then the Developer shall provide documentation to the City and TBRPC that additional solid waste capacity is available to serve the additional solid waste demand generated by the development. E. The build-out date is extended to December 31, 2011 pursuant to Section 380.06(19)(c), Florida Statutes. F. The termination date is extended to December 31, 2011 pursuant to Section 380.06(19)(c), Florida Statutes. G. The amendments stated herein, together with all previous amendments, do not constitute a substantial deviation, pursuant to Chapter 380.06, Florida Statutes. H. 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. I. The City Clerk shall send copies of this ordinance, within five (5) days after passage of this ordinance on second reading to Glenborough LLC, DCA and TBRPC. J. This ordinance shall be deemed rendered upon transmittal of copies hereof to TBRPC and DCA. K. 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. 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 PASSED ON SECOND READING FINAL READING AND ADOPTED 2009 Printed Name: Mayor-Commissioner Approved as to form: Attest: Printed Name: Title: Printed Name: City Clerk EXHIBIT "A" TO ORDINANCE NO. LEGAL DESCRIPTION OF PARK PLACE Commence at the center of Section 17, Township 29 South, Range 16 East, Pinellas County, Florida and go S 89°46'01" 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 00°19'21" 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 89°46'01" W, 58.49 feet; thence N 00°13'59" W, 10.00 feet; thence S 29°46'01" W, 1319.21 feet; thence, leaving said North right-of--way line, N O1°04'04" E, 599.99 feet; thence S 89°46'01" W, 198.43 feet; thence N 00°52'21" E, 554.70 feet; thence S 89°54'49" 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 O1°04'04" 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 11°56'04" E, thence N 22°47'58" 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 20°51'27" 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 89°54'49" 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 00°22'28" 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 89°56'11" 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 00°19'21" E, 2337.71 feet, along said West right-of--way line; thence S 89°46'01" W, 627.00 feet; thence S 00°10'21" 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 Lloveras, Baur & Stevens, Consulting Engineers-Land Surveyors, Clearwater, Florida, February 23, 1982. EXHIBIT "B" Map H /Master Development Plan Iq PARCEL 1 LIGHT INDUSTRIAL PARt:EI ~ 100,000 SF (im.om sr nastul°S ~~`--EXISTING OFFICE AccESs MULTI-FAMILY 63,300 SF tip --~'-~ (25,290 SF EXISTING) 0 250 500 234 D.U. (JJ4 UULn-rAY%LY a.U, past) LAND USE AMOUNT* RETAIL/COMMERCIAL 91,320 SF OFFICE 467,939 SF LT. INDUSTRIAL 100,000 SF MULTI-FAMILY RESIDENTIAL 390 DU TOTAL 659,259 SF / 390 DU "ORIGINAL APPROVED LAND USE AMOUNTS AS SPECIFICALLY AMENDED. CERTAIN LAND USES ARE SUBJECT TO LAND USE EXCHANGE. SEE "NOTES" BELOW FOR ADDITIONAL INFORMATION. EXISTING I ~ NOTES: ACCESS 1. THE PROPOSED AMOUNT OF SQUARE FOOTAGE FOR INDIVIDUAL p NAtURAI UNDEVELOPED PARCELS ARE BASED ON BEST AVAII,ABLE MARKET ~ p~ AREA INFORMATION AND ARE SUBJECT TO CHANGE. THE AMOUNT OF to ~ ~ TOTAL DEVELOPMENT, HOWEVER WILL NOT EXCEED THE AMOUNT vl a OFFICE ~,~Y~ PARCEL 2 ~ OF DEVELOPMENTAPPROVED BY THE DEVELOPMENT ORDER. ~ ° 82,179 5F OFFICE ~°a~ MULTI-FAMILY ~ 2•THATPORTIONOFTHEDEVELOPMENTTHATREMAINSTOBE ~ 101,900 SF °• DEVELOPED IS REFERRED TO AS THE "PLANNED DEVELOPMENT". PARCEL 8 PARCEL 4 '~ 5lj ©, ~,}, < THE BUILD-OUT DATE FOR THE PLANNED DEVELOPMENT AND FOR t°;TTS ~ tns°1n i(caom sr [asnuc) ~ = THE TOTAL PROJECT IS DECEMBER 31, 2011. pea .non-rAV~r °.u. EIOfq Q ~ 3. CONVERSION RATES OF 1,000 SQUARE FEET OF LIGHT FUTURE INDUSTRIAL DEVELOPMENT TO 633 SQUARE FEET OF OFFICE DEVELOPMENT ARE HEREBY ESTABLISHED ON PARCEL 1 AS COMMERICAL Q~~ PARCELS PARCEL 6 ACCESS APPROVED BY ORDINANCE 5722-95. 4. ANYMULTI-FAMILY RESIDENTIAL DEVELOPMENT WILL BE 55,278 SF O:a,sa° sr °Fnc[ EnsnNa) I(m.aoo s amc[ ru.•INm) LIMITED TO PARCELS 2, 3, 6 A B. PARCEL 7 ~I ~ E 5. PARCEL 6 IS PLANNED FOR 100,000 SQUARE FEET OF OFFICE (50,712 SF EXISTING( DEVELOPMENT. CONVERSION RATES OF 1,000 SQUARE FEET OF SEE NOTE 8 FOR ~~~ ~ ~ (S SF OFFICE DEVELOPMENT TO 2.40 MULTI-FAMILY UNITS WITH A OFFICE CONVERSION i MAXIMUM OF 240 UNITS, OR 1,000 SQUARE FEET OF OFFICE DEVELOPMENT TO 2.44 HOTEL ROOMS WITH A MAXIMUM OF 244 Cn)A}dERCIAI UNITS ARE HEREBY ESTABLISHED FOR PARCEL 6 AS APPROVED BY PARCEL 9 COlAFAERCIAL COl.1lAERCIAL ORDINANCE 6678-O1. COMMERCIAL PARCEL 10 PARCEL n t(6J°J sr [nsnna) (i~•sJ~ b Clastw°) 6. CONVERSION RATES OF 1,000 SF OF COMMERCIAL DEVELOPMENT 10,200 SF TO 2,449 SQUARE FEET OF OFFICE DEVELOPMENT ARE HEREBY ~c ESTABLISHED ON PARCEL 7 AS APPROVED BY ORDINANCE _ (10,200 SF EXISTING)tl1J,.~-'TO-8AY BOt1LEVARO COMMERCIAL 25,842 5F (RETNI (JS,6t2 Si tlTFip(°) PARK PLACE DRI -- w1ASTER DEVELOPMENT PLAN MAP H nAr~: rlOVr~~: gZ ~~~ REVISED: ompany opt. ~ 2, 2009 Planning & Transportation Ser~dces ~~~;(N 8Y• P.O. Box 10658'Tampa, Ilorida 33679-0b58 MGC Phone:813.877.79B9 Tax:813.8~.7b09 ORDINANCE NO. 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, ORDINANCE NO. 6678-01, AND ORDINANCE NO. 7215-03, 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; INCORPORATING A REVISED MAP H/MASTER DEVELOPMENT PLAN; PROVIDING A CONVERSION FACTOR FOR RETAIL AND OFFICE DEVELOPMENT IN PARCEL 7; ALLOCATING RETAIL DEVELOPMENT TO PARCEL 7; ADDING RETAIL DEVELOPMENT TO PARCEL 9; EXTENDING THE BUILDOUT DATE AND TERMINATION DATE PURSUANT TO SECTION 380.06(19)(C), FLORIDA STATUTES; DETERMINING THAT SAID AMENDMENTS ARE 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 January 15, 2004, the City Commission adopted Ordinance 7215- 03, an Amendment to the Development Order; and WHEREAS, on March 25, 2009, Glenborough LLC, a Florida limited liability company, 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 WHEREAS, the NOPC proposes to amend the Development Order to (i) incorporate a revised Map H/Master Development Plan as shown in Exhibit "B", attached hereto and incorporated herein; (ii) provide a land use conversion factor for Parcel 7 for the conversion of approved retail commercial development to office development; (iii) allocate 55,278 square feet of previously approved retail to Parcel 7; (iv) add 10,200 square feet of retail to Parcel 9; (v) recognize the extension of the buildout date to December 31, 2011, pursuant to Section 380.06(19)(c), Florida Statutes; and (vi) recognize the extension of the termination date for this Development Order to December 31, 2011 pursuant to Section 380.06(19)(c), Florida Statutes.; and WHEREAS, the Proposed Changes, combined with previous amendments to the Development Order, are 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 DRIB; 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, No. 6107-96, No. 6678-01 and No. 7215-03, 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. Glenborough LLC, a Florida limited liability company, the owners of undeveloped portions of the DRI, have proposed the following amendments to the Development Order: 1. incorporating a revised Map H/Master Development Plan, as shown on Exhibit "B" attached hereto and incorporated herein; and 2. adding a land use conversion factor for Parcel 7 for the conversion of approved retail commercial development to office development; and 3. allocating 55,278 square feet of previously approved retail to Parcel 7; and 4. adding 10,200 square feet of retail to Parcel 9; and 5. recognizing the extension of the buildout date to December 31, 2011, pursuant to Section 380.06(19)(c), Florida Statutes; and 6. recognizing the extension of the termination date for this Development Order to December 31, 2011 pursuant to Section 380.06(19)(c), Florida Statutes; and 7. Modifying certain provisions of the Development Order to be consistent with changes described in the NOPC. C. A comprehensive review of the impacts generated by the Proposed Changes, together with all previous amendments, has been conducted by the City's departments, the TBRPC and the DCA. D. The Proposed Changes are not located in an area of critical state concern designated as such pursuant to Section 380.05, Florida Statutes (1993). E. The Proposed Changes, together with all previous amendments, do not increase the external traffic impact of the development, nor do they create additional impacts on other public facilities, including water, wastewater, drainage, recreation and mass transit, from the original projections set forth in the Application for Development Approval ("ADA"), with the exception of solid waste which requires additional capacity to be available when required for development on Parcel 7 in excess of the equivalent of 79,010 square feet of office. F. The Proposed Changes hereby approved are 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 Development 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 Changes are consistent with the local land development regulations currently in effect. D. The Proposed Changes, together with all previous amendments, do 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 Changes, therefore, do not constitute a "substantial deviation" from the Development Order, pursuant to Chapter 380.06, Florida Statutes. The Proposed Changes are 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 Changes to the Development Order as approved by this ordinance. F. The Proposed Changes are 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, Glenborough LLC, 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 Map H/Master Development Plan attached hereto as Exhibit "B." B. Subsection 4.C. of the Development Order is amended to read: 4.C. The Project is approved for 390 multi-family dwelling units and a total floor area of 659,259 square feet, comprised of 467,939 square feet of office use, 100,000 square feet of industrial use and 91,320 square feet of retail commercial use, subject to the conversion factors set forth in Subsection 4.A.A. The approved development rights are allocated among the parcels as shown on Map H/Master Development Plan, attached hereto as Exhibit "B." The owner of a parcel to which development rights are allocated may assign all or part of those development rights to another parcel or parcels so long as the land use designation of the parcel to which the assignment is made permits development of the rights assigned. The permitted maximum floor area is to be approved subject to the FAR limitations set forth below. C. Subsection 4.C.2. of the Development Order is deleted in its entirety. D. Subsection 4.A.A. of the Development Order is amended to add the following: A conversion factor to permit 1,000 square feet of retail commercial development to be converted to 2,449 square feet of office development is hereby established for the retail commercial area shown as Parcel 7 on Exhibit "B." This conversion factor is set forth in the following table: LAND USE TRADE-OFF RATES PARCEL 7 EXISTING DEVELOPMENT MAY BE CONVERTED TO: 1,000 sq. ft. Retail 2,449 sq. ft. Office Notwithstanding the foregoing, development on Parcel 7 shall be limited as follows: 1V1[INIMUM 1VIAXIMUM Office 0 135,376 square teet or poor area Thirty (30) days prior to issuance of any permit which utilizes the conversion factors, DCA and TBRPC shall receive notice, from the Developer, of the proposed use of the conversion ratio. If the cumulative amount of any development on Parcel 7 exceeds the equivalent of 79,010 square feet of office, then the Developer shall provide documentation to the City and TBRPC that additional solid waste capacity is available to serve the additional solid waste demand generated by the development. E. The build-out date is extended to December 31, 2011 pursuant to Section 380.06(19)(c), Florida Statutes. F. The termination date is extended to December 31, 2011 pursuant to Section 380.06(19)(c), Florida Statutes. G. The amendments stated herein, together with all previous amendments, do not constitute a substantial deviation, pursuant to Chapter 380.06, Florida Statutes. H. 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. I. The City Clerk shall send copies of this ordinance, within five (5) days after passage of this ordinance on second reading to Glenborough LLC, DCA and TBRPC. J. This ordinance shall be deemed rendered upon transmittal of copies hereof to TBRPC and DCA. K. 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. 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 PASSED ON SECOND READING FINAL READING AND ADOPTED 2009 Printed Name: Mayor-Commissioner Approved as to form: Attest: Printed Name: Title: Printed Name: City Clerk EXHIBIT "A" TO ORDINANCE NO. LEGAL DESCRIPTION OF PARK PLACE Commence at the center of Section 17, Township 29 South, Range 16 East, Pinellas County, Florida and go S 89°46'01" 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 00°19'21" 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 89°46'01" W, 58.49 feet; thence N 00°13'59" W, 10.00 feet; thence S 29°46'01" W, 1319.21 feet; thence, leaving said North right-of--way line, N O1°04'04" E, 599.99 feet; thence S 89°46'01" W, 198.43 feet; thence N 00°52'21" E, 554.70 feet; thence S 89°54'49" 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 O1°04'04" 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 11°56'04" E, thence N 22°47'58" 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 20°51'27" 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 89°54'49" 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 ofd the Northwest 1 /4 of said Section 17; thence N 00°22'28" 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 89°56'11" 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 00°19'21" E, 2337.71 feet, along said West right-of--way line; thence S 89°46'01" W, 627.00 feet; thence S 00°10'21" 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 Lloveras, Baur & Stevens, Consulting Engineers-Land Surveyors, Clearwater, Florida, February 23, 1982. EXHIBIT "B" Map H /Master Development Plan ,.a.,,,. i ~I _ - PARCEL 1 LIGHT INDUSTRIAL PARCELS 100,000 SF goo,ovo sr xtastnlo) OFFICE MULTI-FAMILY 63,300 SF 234 D.U. (25,290 SF EXISTING) 0 250 500 (tai uu~n-rw:~r o.u. pTSq EXISTING ACCESS a NATURAL ~ ~ AREA ~ ~ OF1=1CE ~~~~ PARCEL 2 ~ ° OFFICE G°~ ~ 82,179 5F 1nl,soo SF °i MULTI--FAMILY PARCEL 8 PARCEL 4 (estt~ sr Etnsetc} 156 D.U, (tatAOn Sr Emmrci (Ias uvtn-rnv~r ou. ulsr) .,/_'~' COMMERCIAL 10,200 SF - (10,200 SF EXISTING) COMMERICAL 55,278 SF PARCEL 7 (60,]12 SF EXISTING) I' SEE NOTE 6 FOR OFFICE CONVERSION PARCEL 10 pt,aoa sr Exlsnvc) GULF-TO-BAY BOULEVARD 4~ PARCEL 5 (uo,sao sF arncE LIrSGNO} 6 poo.ooo sr eFncE rtiwNr:m} F JEE 22o,s6~ sF~ COMMERCIAL PARCEL I1 b+.sar sr Enmw) AL 2 5F LAND USE AMOUNT* RETAIL/COMMERCIAL 91,320 SF OFFICE 467,939 SF LT.INDUSTRIAL 100,000SF MULTI-FAMILY RESIDENTIAL 390 DU TOTAL 659,259 SF / 390 DU ~~'--EXI5TING ACCESS 'ORIGINAL APPROVED LAND USE AMOUNTS AS SPECIFICALLY AMENDED. CERTAIN LAND USES ARE SUBJECT TO LAND USE EXCHANGE. SEE "NOTES" BELOW FOR ADDITIONAL INFORMATION. NOTES: 1. THE PROPOSED AMOUNT OF SQUARE FOOTAGE FOR INDIVIDUAL UNDEVELOPED PARCELS ARE BASED ON BEST AVAILABLE MARKET INFORMATION AND ARE SUBJECT TO CHANGE. THE AMOUNT OF o TOTAL DEVELOPMENT, HOWEVER WILL NOT EXCEED THE AMOUNT ~ OF DEVELOPMENT APPROVED BY THE DEVELOPMENT ORDER. z Y 2. THAT PORTION OF THE DEVELOPMENT THAT REMAINS TO BE ~ DEVELOPED IS REFERRED TO AS THE "PLANNED DEVELOPMENT". ~ THE BUTLD-OUT DATE FOR THE PLANNED DEVELOPMENT AND FOR THE TOTAL PROJECT IS DECEMBER 31, 2011. 3. CONVERSION RATES OF 1,000 SQUARE FEET OF LIGHT FUTURE INDUSTRIAL DEVELOPMENT TO 633 SQUARE FEET OF OFFICE ACCESS DEVELOPMENT ARE HEREBY ESTABLISHED ON PARCEL i AS APPROVED BY ORDINANCE 5722-95. 4. ANY MULTI-FAMILY RESIDENTIAL DEVELOPMENT WILL BE LIMITED TO PARCELS 2, 3, 6 A B. 5. PARCEL 6 IS PLANNED FOR 100,000 SQUARE FEET OF OFFICE DEVELOPMENT. CONVERSION RATES OF 1,000 SQUARE FEET OF OFFICE DEVELOPMENT TO 2.40 MULTI-FAMILY UNITS WITH A MAXIMUM OF 240 UNITS, OR 1,000 SQUARE FEET OF OFFICE DEVELOPMENT TO 2.44 HOTEL ROOMS WITH A MAXIMUM OF 244 UNITS ARE HEREBY ESTABLISHED FOR PARCEL 6 AS APPROVED BY ORDINANCE 6678-01. 6. CONVERSION RATES OF 1,000 SF OF COMMERCIAL DEVELOPMENT TO 2,449 SQUARE FEET OF OFFICE DEVELOPMENT ARE HEREBY ESTABLISHED ON PARCEL 7 AS APPROVED BY ORDINANCE PARK Pi_AOE DRi _ iv~ASTER DEVELOPMENT PLAN MAP H DATE: r1GUR>~: & O~rl REVISED: t317].p-c~ny opt. ~ 2, 2009 Planning & Transportation Sendces DRAWN DY: I'.O.I3Dx 10658'I'ampa, Florida 33679-0b58 MGC Phone: 813.877.7989 Fax:813.877.7b09