DVA2008-00002 - 619 Gulfview Blvd S - Shephard's Beach Resort
DVA2008-00002
619 S GULFVIEW BLVD
SHEPHARD'S BEACH RESORT
PLANNER OF RECORD: WW
ATLAS # 285A
ZONING: T
LAND USE: RFH
RECEIVED: 12/01/2008
INCOMPLETE:
COMPLETE:
MAPS
PHOTOS:
STAFF REPORT:
DRC
CDB:
CLWCoverSheet
CDB Meeting Date: November 17, 2009
Case Number: DVA2008-00002 (Related to FLD2008-12033)
Agenda Item: E.3. (Related to D.4.)
Owner/Applicant: William M. Shephard, Trustee
Representative: Harry S. Cline, Esq., MacFarlane Ferguson & McMullen
Address: 619 S. Gulfview Boulevard
CITY OF CLEARWATER
PLANNING AND DEVELOPMENT DEPARTMENT
STAFF REPORT
GENERAL INFORMATION:
REQUEST: Review of, and recommendation to the City Council, of a
Development Agreement between William M. Shephard, Trustee
(the property owner) and the City of Clearwater, providing for the
allocation of units from the Hotel Density Reserve under Beach by
Design.
CURRENT ZONING: Tourist (T) District
CURRENT FUTURE Resort Facilities High (RFH)
LAND USE CATEGORY:
BEACH BY DESIGN South Beach/Clearwater Pass
CueueCTER
DISTRICT:
PROPERTY USE: Current Use: 96-room motel
Proposed Use: Overnight accommodation use of a total of 186
rooms (78.48 rooms/acre on lot acreage zoned
Tourist (T) District, including the allocation of 68
units from the Hotel Density Reserve) and
approximately 37,647 square feet of accessory uses
to the hotel at a height of 134 feet (to flat roof deck)
EXISTING North: Tourist (T) District
SURROUNDING Automobile service station and Attached dwellings
ZONING AND USES: South: Preservation (P) District
Gulf of Mexico
East: Tourist (T) District
Overnight accommodations
West: Tourist (T) District
Overnight accommodations
Community Development Board -November ] 7, 2009
DVA2008-00002 -Page 1 of 4
ANALYSIS:
Site Location and Existing Conditions:
The 2.689 total acres (2.37 acres zoned Tourist District; 0.319 acres zoned Open
Space/Recreation) is located on the south side of S. Gulfview Boulevard approximately 600 feet
east of Hamden Drive- The subject property is currently developed with a 96-room motel-
Development Proposal:
The development proposal includes a companion Flexible Development application (FLD2008-
12033) to permit an overnight accommodation use of a total of 186 rooms (78.48 rooms/acre on
lot acreage zoned Tourist (T) District, including the allocation of 68 units from the Hotel Density
Reserve) and approximately 37,647 square feet of accessory uses to the hotel at a height of 134
feet (to flat roof deck). There are 384 parking spaces proposed on this site within an existing
parking garage and a new parking garage as part of a new building. There will be a total of 314
striped parking spaces and 68 overflow spaces. Self-parking will be allowed only in the existing
garage by hotel guests; otherwise, parking will be valet-only.
Development Agreement:
The Development Agreement is a requirement for the allocation of hotel units from the Hotel
Density Reserve, adopted as an amendment to Beach by Design under Ordinance 7925-08 on
July 17, 2008. A total of 1,385 hotel rooms are available under the Hotel Density Reserve and
this proposal requests the allocation of 68 units from it. The City has established the
Development Agreement format as a means to facilitate the allocation of the units and to set forth
appropriate provisions related to the development of the property. The proposed Development
Agreement will be in effect for a period not to exceed ten (10) years, meets the criteria for the
allocation of units from the Hotel Density Reserve under Beach by Design and includes the
foiiowing main provisions:
^ Provides for the allocation of 68 units from the Hotel Density Reserve;
^ Requires the developer to obtain building permits and certificates of occupancy in
accordance with Community Development Code (CDC) Section 4-407;
^ Requires the return of any hotel unit obtained from the Hotel Density Reserve that is not
constructed;
^ For units allocated from the Hotel Density Reserve, prohibits the conversion of any hotel
unit to a residential use and requires the recording of a covenant restricting use of such
hotel units to overnight accommodation usage; and
^ Requires a legally enforceable mandatory evacuation/closure covenant that the hotel will be
closed as soon as practicable after a hurricane watch that includes Clearwater Beach is
posted by the National Hurricane Center.
The Community Development Board (CDB) has been provided with the most recent
Development Agreement.
Community Development Board -November 17, 2009
DVA2008-00002 -Page 2 of 4
The City Council may enter into Development Agreements to encourage a stronger commitment
on comprehensive and capital facilities planning, to ensure the provision of adequate public
facilities for development, to encourage the efficient use of resources, and to reduce the
economic cost of development. The CDB is required to review the proposed Development
Agreement and make a recommendation to the City Council.
SUMMARY AND RECOMMENDATION:
The Development Review Committee (DRC) reviewed the application and supporting materials
at their meetings of January 8, May 7, and October 1, 2009, and deemed the development
proposal to be legally sufficient to move forward to the Community Development Board (CDB),
based upon the following findings of fact and conclusions of law:
Findings of Fact: The Planning and Development Department, having reviewed all evidence
submitted by the applicant and requirements of the Community Development Code (CDC), finds
that there is substantial competent evidence to support the following findings of fact:
1. That the 2.689 total acres (2.37 acres zoned Tourist District; 0.319 acres zoned Open
Space/Recreation) is located on the south side of S. Gulfview Boulevard approximately 600
feet east of Hamden Drive;
2. That the property is located within the Tourist (T) and Open Space/Recreation (OS/R)
Districts and the Resort Facilities High (RFH) Future Land Use Plan category; and
3. That the development proposal is subject to the requirements of Beach by Design, the Design
Guidelines contained therein as the property is located within the Small Motel character
district and the criteria for allocation of units from the Hotel Density Reserve.
Conclusions of Law: The Planning and Development Department, having made the above
findings of fact, reaches the following conclusions of law:
1. That the Development Agreement implements and formalizes the requirements for the
construction of on-site and off-site improvements under the related site plan proposal
(FLD2008-12033);
2. That the Development Agreement complies with the standards and criteria of CDC Section 4-
606;
3. That the Development Agreement is consistent with and furthers the Visions, Goals,
Objectives and Policies of the Comprehensive Plan;
4. That the Development Agreement is consistent with the Visions, Goals, Objectives and
Policies of Beach by Design and the South Beach/Clearwater Pass character district; and
5. That the Development Agreement complies with the criteria in Beach by Design for the
allocation of units from the Hotel Density Reserve.
Based upon the above, the Planning and Development Department recommends the
APPROVAL, and recommendation to the City Council, of a Development Agreement between
William M. Shephard, Trustee (the property owner) and the City of Clearwater, providing for the
Community Development Board -November 17, 2009
DVA2008-00002 -Page 3 of 4
allocation of units from the Hotel Density Reserve under Beach by Design, for the property at
619 S. Gulfview Boulevard.
Prepared by Planning and Development Department Staff:
rte.
Wayne M. ells, AICP, Planner III
ATTACHMENTS:
^ Development Agreement with Exhibits
D Location Map
^ Aerial Map
^ Future Land Use Map
D Zoning Map
S: (Planning DepartmentlC D BIFLEX (FLD)lPending cases) Up for the next CDBIDYA2008-00002 - Gu~iew S 0619 Shephards -11.17.09
CDB - WWIGu~iew S 0619 DYA Staff Report for 11.17.09 CDB.doc
Community Development Board -November 17, 2009
DVA2008-00002 -Page 4 of 4
Wayne M. Wells, AICP
100 South Myrtle Avenue, Clearwater, FL 33756
Phone: 727-562-4504 ~ Email: wavne.~i•ells~:?nn~clearwater.com
PROFESSIONAL EXPERIENCE
^ Planner III
Planning and Development Department, City of Clearwater, FL November 2001 to Present
As part of the Development Review Division, prepared and presented staff reports for Flexible
Standard Development (staff-level cases), Flexible Development (public hearing cases) and Plats
before the Development Review Committee and the Community Development Board and
Development Agreements before the City Council; Reviewed building permits for Code
conformance; Prepared and/or assisted preparation of Code amendments; Provided public information
(via telephone, mail, email, zoning counter or predevelopment meetings).
^ Zoning Coordinator
Zoning Division, Ciry of Pinellas Park, FL
March 1989 to November 2001
Acting Zoning Director; Represented the Zoning Division on cases and issues before the City
Council, Community Redevelopment Agency, Planning and Zoning Commission, Board of
Adjustment and outside agencies; Prepared and presented staff reports for land use plan amendments,
rezoned, planned unit developments, conditional uses, variances and site plans; Reviewed final site
plans and building permits for Code conformance; Prepared and/or assisted preparation of Code
amendments; Provided public information (via telephone, mail, zoning counter or predevelopment
meetings).
^ Program Manager, Zoning Branch
Manatee County Dept. of Planning and Development, Bradenton, FL June 1984 to March 1989
Trained and supervised three employees; Prepared and presented variances and appeals to the Board
of Zoning Appeals; Coordinated final site plan and building permit review for Code conformance;
Assisted in preparation of Code amendments; Provided public information (via telephone, mail,
zoning counter or predevelopment meetings). Interim Code Enforcement Manager- Managed the
Code Enforcement Section; Supervised six employees; Prosecuted cases before the Code
Enforcement Board; Investigated and prepared cases of alleged violations of land use and building
codes. Planner II, Current Planning Section -Prepared and presented staff reports for rezones,
planned developments, special permits, plats and mobile home parks to Planning Commission and
Board of County Commissioners; Reviewed final site plans and building permits for Code
enforcement; Assisted in preparation of Code amendments; Provided public information (via
telephone, mail, zoning counter or predevelopment meetings).
^ Planner I
Alachua County Dept. of Planning and Development, Gainesville, FL June 1980 to June 1984
Prepared and presented staff reports for rezones and special permits to Planning Commission and
Board of County Commissioners; Reviewed site plans and plats for Code conformance; Assisted in
preparation of Code amendments; Provided public information (via telephone, mail, zoning counter
or predevelopment meetings). Intern -Compiled and coordinated the Alachua County Information
and Data Book; Drafted ordinance revisions; General research.
^ Graduate Assistant
University of Florida Dept. of Urban and Regional Planning, Gainesville, FL 1979 to 1981
Coordinated downtown study for Mayo, FL; Coordinated graphics for Jefferson County
Comprehensive Plan.
^ Planning Technician
Planning Division, City of St. Petersburg, FL 1977 to 1979
Primarily prepared graphics, for both publication and presentation; Division photographer for 1 %2
years; Worked on historic survey and report.
EDUCATION
Master of Arts in Urban and Regional Planning (Degree not conferred; course work completed, thesis not
completed), University of Florida, 1981
Bachelor of Design in Architecture, University of Florida, 1976
LICENSES & CERTIFICATES
American Institute of Certified Planners
American Planning Association, Suncoast Section
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LOCATION MAP
,Owner: William M. Shephard, Trustee Cases: FLD2008-12033
TD R2005-11028
DVA2008-00002
Site: 619 S. Gulfview Boulevard Property Size: 2.37 acres zoned "T"
0.319 acres zoned "OS/R"
PINS: 1 7-29-1 5-05004-003-00 1 0 Atlas Page: 2326
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ZONING MAP
Owner: William M. Shephard, Trustee Cases: FLD2008-12033
TDR2005-11028
DVA2008-00002
Site: 619 S. Gulfview Boulevard Property Size: 2.37 acres zoned "T"
0.319 acres zoned "OS/R"
PINS: 17-29-15-05004-003-0010 Atlas Page: 2326
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EXISTING SURROUNDING USES MAP
Owner: William M. Shephard, Trustee Cases: FLD2008-12033
TDR2005-11028
DVA2008-00002
Site: 619 S. Gulfview Boulevard Property Size: 2.37 acres zoned "T"
0.319 acres zoned "OS/R".
PINS: 17-29-15-05004-003-0010 Atlas Page: 2328
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AERIAL MAP
Owner: William M. Shephard, Trustee Cases: FLD2008-12033
TDR2005-11028
DVA2008-00002
Site: 619 S. Gulfview Boulevard Property Size: 2.37 acres zoned "T"
0.319 acres zoned "OS/R"
PINS: 17-29-15-05004-003-0010 Atlas Page: 2326
17-29-15-00000-220-0 l 00
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View looking E at rear of subject property (at seawall) with
outdoor dining area
619 S. Gulfview Boulevard
FLD2008-12033/DVA2008-00002
Page 1 of 3
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View looking SW along S. Gulfview Blvd. at parking garage on
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View looking SW along S. Gulfview Blvd. at subject property
View looking S along W side of property from S. Gulfview
Blvd. at loading & trash area (Holiday Inn to the right)
View looking W along front of subject property along S.
Gulfview Blvd.
View looking E at waverunner but at rear of subject property
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View looking N from beach area of subject property at View looking W at existing parking gazage at accessory bike,
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View looking N from interior of subject property (existing on View looking E at existing deck/dock at rear of subject
left to remain; existing on right & in background to be removed) property
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View looking NE at attached dwellings at 530 S. Gulfview View looking N at attached dwellings at 600 Bayway Blvd.
Blvd.
619 S. Gulfview Boulevard
FLD2008-12033/DVA2008-00002
Page 2 of 3
....
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View looking S at hotel at 625 S. Gulfview Blvd. (E of
subject property)
619 S. Gulfview Boulevard
FLD2008-12033/DVA2008-00002
Page 3 of 3
View looking SW at hotel at 521 S. Gulfview Blvd. (W of
subject property)
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View looking SE along S. Gulfview Blvd. at development E of
View looking NW along S. Gulfview Blvd. at development W
of subject property (Shephard's on left)
.'Clearwater
.~~,.
Planning Department
100 South Myrtle Avenue
Clearwater, Florida 33756
Telephone: 727-562567
Fax: 727-562-4865
^ SUBMIT ORIGINAL SIGNED AND NOTARIZED APPLICATION
^ SUBMIT 12 COPIES OF THE ORIGINAL APPLICATION including folded site plans
^ SUBMIT APPLICATION FEE $
CASE #:
DATE RECEIVED:
RECEIVED BY (staff initials):
ATLAS PAGE #:
ZONING DISTRICT:
LAND USE CLASSIFICATION:
ZONING & LAND USE CLASSIFICATION OF
ADJACENT PROPERTIES:
NORTH:
SOUTH:
WEST:
EAST:
DEVELOPMENT AGREEMENT APPLICATION
(Revised 05/22/02)
PLEASE TYPE OR PRINT
A. APPLICANT, PROPERTY OWNER AND AGENT INFORMATION: (Section 4-202.A)
APPLICANT NAME: William M. Shephard, Trustee
MAILING ADDRESS: 601-619 S. Gulfview Blvd., Clearwater, FL 33767
PHONE NUMBER: 727-442-5107
CELL NUMBER:
EMAIL ADDRESS:
PROPERTY OWNER(S): William M. Shephard, Trustee
(Must include ALL owners)
AGENT NAME: Harry 5. Cline, Esq.
MAILING ADDRESS: P.O. Box 1669, Clearwater, FL 33757
PHONE NUMBER: 727-441-8966
FAX
B. PROPOSED DEVELOPMENT INFORMATION:
STREET ADDRESS: 619 Gulfview Blvd., Clearwater, FL 33767
LEGAL DESCRIPTION: See Exhibit A
PARCEL NUMBER: 17-29-15-05004-003-0010
PARCEL SIZE: 2.37 acres within Tourist District; 0.319 acres within Preservation
(acres, square feet)
PROPOSED USE AND SIZE: 186 motel rooms and accessory uses
(number of dwelling units, hotel rooms or square footage of nonresidential use)
DESCR1PTiON OF ANY RELATED REQUEST(S):
(approval of a devefopmentinclude all requested code deviations; e.g. reduction in required number of parking spaces, specific use, etc.)
DOES?HIS APPLICATION INVOLVE THE TRANSFER OF DEVELOPMENT RIGHTS (TDR), A VIOUSLY APPROVED PLANNED UNIT
DEVELOPMENT, OR A PREVIOUSLY APPROVED (CERTIFIED) SITE PLAN? YES _ NO (if yes, aftach a copy of the applicable
documents)
FAX NUMBER: 727-447-2009
Page 1 of 5 -Development Agreement Application -City of Clearwater
B.2 DEVELOPMENT AGREEMENTS SUPPLEMENTAL SUBMITTAL REQUIREMENTS: (Bect)on 4-606.8)
An apprxaaon Tor approval d a davelopmerM 89 afiail be eammpantad M the fallowtnp {wa aepsrals shoals a induda in a tomial tn{wrtf:
^ STATEMENT QF THE REQUESTED DURATION OF THE DEVELOPMENT AGREEMENT,W!-IICH SHALL NOT EXCEED TEN YEARS
^ DESCRIPTHJN OF ALL EXISTING AND PROPOSED PUBLIC FACIUf1ES AND SERVICES THAT SERVE OR WILL SERVE THE
DEVELOPMENT;
^ DESCRIPTION OF THE USES DESIRED TO BE PFJ3MtTTED ON THE LAND, INCLUDING POPULATK)N DENSITIES AND BUILDING
INTENSITIES AND HEIGHTS;
^ INDENTlF1CATiON OFZONING DISTRICT CHANGES, CODE AMENDMENTS THAT WILL BE REQUIRED iF THE PROPOSED DEVELOPME
PROPOSAL WERE TO BE APPROVED;
^ ZONING AND LAND USE CATEGORIES OF ALL ADJOINING PROPERTIES;
^ COMPLETE NAMES AND Ap~iESSES OF ALL OWNERS OR PROPERTIES ABUTTING OR LYING WITHIN 200 FEET OF THE SUBJECT
PROPERTY AS CURRENTLY LISTED IN THE COUNTY RECORDS AS OF ONE WEEK PRIOR TO THE FILING OF AN APPLICATION.
C. PROOF OF OWNERSHIP: (Section 4-202x4)
>Ni SUBMIT A COPY OF THE TIME OR DEED TO THE PROPERTY OR PROVIDE OWNER SIGNATURE ON PAGE OF THIS APPLICATION
-DJJ. YVWTTEN 5UBMITTA! REQUIREMENTS: (Sed)an 4606.G)
Provide the folowing contatds to the development agreement, es foUcws:
tents. The approved development agreement shaft contain, at a minimum, the fottovring information:
a. A IegaE desrsiptfon of the land subject to the development agreement.
b. The names of aN parsons having legal or equitable ownership of the land.
c. The duraUan of the devetopmer-t agreement, wrhld~ shall not exceed ten years.
d. The development uses proposed for the land, induding population densities, building intensities and brrildirp height
e. A destxipUon of the public taaTdies and services that will serve the development, including who steal provide such public facBities and services;
date any new public iadUties and services, N needed, Mn'1 be consirud!ed; who shah Hear the expense of consWction of arty new. public fadUties
services; and a sdTedule to assure Drat the public faalities and services are avalatde corluxrtrrt with the bnpads of the development 1
development agreement strap provide far a cashier`s check, a payment and perfomrarrce twrrd or letter of aedR in the amount of 115 percent of
estimated coal of tiTe pubic fadiUes and services. to be deposited with Use city to secure lxrlsH~rdion of any crew pubic fadTities and servir
required to be cartstrrrrded by the developmert agreement The development agreement shat provide that such construction shag be comple
prior to the Issuance of any certificate of occupancy.
f. A desalption of any reservation or dedlcaUon of land for pubUc purposes.
g. A description of all local development approvals approved or needed to be approved for the development
h. A finding that the development approvals as proposed is consistent with Uie rxtrnprelrertsive plan and the community development ca
AddiUonaly, a fording that the requirements for concurrency as set forth in Artida 4 Division 10 of these regulations have been satisfied.
L A description of any conditions, terms, restrictions or other requirements detemuned to be necessary by the city commission Wr the public hea
safety of welfare o1 the dozens of the City of Clearwater. Sudti wnditians, terms, restriiiions or other requiremerds may be supplemental
requirements Tn existing modes or ordinances of the dty.
j. A statement indicating that the faUure of the development agreement to address a pertitartar pemlN, corsdition, term or restriction shaft net relic
the deveoper of the necessity of rx-mplying with the taw governing said pernidtirlg requirements, conditions, teens or restrictions.
k. The development agreement may provide, in the discretion of the City Comm}ssion, that the entire development or any phase thereof
commenced or be completed witidn a spedfic period of time. Tire deveopment agreement may provide for liquidated damages, the denial of lute
developmerli approvals, the termination of the development agreement, or the withholding of certificates of ocarpancy for ttre falure of ~
developer b tromply with airy such deadline.
I. A statement that the burdens of the development agreement ahaU be binding upon, and the tsenefds of the development agreement shah inure
ai successors h interest to the parties to the development agreement
m. Ati developmenrt agreements shat spedficalty state that subsequently adopted ordinances and codes of the city which are of general appliption
eat governing the development of Land shah be applipbte to the lands subject to the development agreement, and that such modtfiwtions
spaafically anUdpated in the development agreement
Page 2 of 5 - Development Agreement Application -City of Clearwater
E SUPPLEMENTAL SUBMITTAL REQUIREMENTS: (Section 42f)2.A)
}~ SIGNED AND SEALED SURVEY (including legal description of Property) -One oMginal and 12 copies;
O COPY OF RECORDED PLAT, as applicable;
O PRELIMINARY PLAT, as required;
j~ LOCATION MAP OF THE PROPERTY.
~l TREE SURVEY (including existing trees on site and within 25' of Ure ad)acenl site, by species, size (DBH 4' or greater), and Location,
including drip Mes.}
GRADING PLAN, as applicable;
F. SITE PLAN SUBMITTAL REQUIREMENTS: (Section 42t)2.A)
SfTE PLAN vdfh the following information (not to exceed 24'x36"):
_ AI dimensions;
_ (North arrow;
_, F.rrgtrteerfrrg tsar stale (mtnimtm7 scale one inch equals 50 feet), and date prepared;
_ Location map;
index shed reterenclng ind[vidual sheets hrdkrded in package;
_ Footprird and size of aH bu'kftngs end structures;
AN requ6ed setbadks;
_ A9 existing and proposed polnls of access;
_ A8 required sight triangles;
_ Identification of errvirorrmentapy unique areas, such as watercourses, wetlands, tree masses, and spedmen
trees, inclkrdtrrg destription and location of undersiory, ground weer vegetation and wildlife habitats, e!~
,.,,_ t.ocallon of aN public and private easements•
_ Location oI aN street rights~of-way wiWn and adjacert to the site;
_ Location of existing public and private utilities, including fire hydrerrts, storm and sanitary sewer ones, manholes and tiR stations, gas
and water lines;
_ Ail padkinp spaces, 8riveways, loading areas and vehitxriar use areas;
_ Depiction by ahed'urg or crosshatkfiirrg of aN required pasktrrg lot interior landscaped areas;
_ Location of aN refissa coNeWon faalities and ap -equhed screening (min.10k12' t9ear space):
_ Location of aH Landscape rrrateriai;
_ Location of aN ansite and otfslte storm-water management facilities;
_ Location of ag kxrtrtoor fighting fatures; and
_ Location of aN existing and proposed sidewalks.
SITE DATA TABLE for existing, tequrred, and proposed devetopmeM, in wdtterv'tabutar form:
Land area Tn sgtrere feel and acres;
Number of dweNing otitis proposed;
_ Gross 11oor area devoted to eacr use;
_ Parking spaces: total number, preserled in tabular farm wHh the number of required spaces;
_ Total paved area, intuding asf paved parking spaces and driveways, expressed in square tees and percentage of the paved vetricular area;
Sae and sPecles of aN landscape maieriak
OLfidal records book and page numbers of aN existing ubTity easemerrC
_ Buiid'trrp and strur3ure heights
_ impermeable surface ratio p.S.R); and
_ Floor area ratio (FA.R.) for aH rwnresiderrtial uses.
REDUCED SITE PLAN to scale (8'b X 11) and kx:lor rendering H possible;
FOR DEVELOPMENTS OVI~it ONE ACRE, provide the following additional information on sHe plan:
„_, Ono-toot wrrtours or spot elevations on site;
_ OtfsHe elevations ff required to evaluate ti-e proposed stornwater management for the parcel;
_ AN open space areas;
_, Location of ag earth or water retaining walls end earth berms;
_ Lot Hrtes and buHdkrg fares (dimensioned);
_ 5beets and drives (dimensioned);
_ Building and structural setbacks (dimensioned);
_ Stnntural overtrangs;
_ Tree Inventory; prepared by a 'certified arborist', of ail trees 8" DBH or greater, refiectirg sae, canopy (drip lines) and condition of such trees.
Page 3 of 5 -Development Agreement Application -City of Clea-water
LANDSCAPING PLAN SUBMITTAL REQUIREMENTS; (Section 4-1102.Aj
LANDSCAPE PLAN:
_ Ad existing and proposed structures;
Names of abutting streets;
_ Drainage and reUsntion areas including swales, side slopes and bottom etevalioru;
_ DeNneatior- and dirnenslons of aA required perimeter landscape buffers;
Sight visib~ity Mangles;
_ Delareation and dimensions of aA parking areas including landscaping islands and curbing;
_ Proposed and required parking spaces;
_ Existing trees on-site and Immedirately adjacent to the site, by spades, size and locations, including dripline;
_ Location, size, description, speclficatror>s and quantities of aq existing and proposed landscape materials, Including botanical and
COrnrilOn 1lantati;
Typik~! planting detalts for trees, palms, shnrbs and ground cover plants including instructions, sog mixes, baclcTlll'xtg, mulching and
protective R1e88i/'e8;
_ Interior landscaping areas hatd-ed and/or shaded end labeled and interior landscape coverage, expressing in both square feet and
perkxntaga covered;
_„ Conditions of a previous developmend approval (e.g. conditions Imposed by tiie Community Development Board);
Irrigation notes.
REDUCEDlANDSCAPE PLAN to scale (8'fa X 11) (color rendering if possible};
O tRR1GAT'1DN PLAN (mqufred for level two and tfxee approval):
l] CDMPREHENSNE LANDSCAPE PROGRANt applkation, as applicable.
H. BUILDING ELEVATION PLAN SUBMITTAL REQUIREMENTS: (Section 4202.A.23)
Required in the event the application includes a development where design standards are in issue (e.g. Tourist and Downtown Districts) or as part
~~//'' of a Compreheraive Irddl Redevelopment Project or a Residential Irrti1 Project
Lh BUILDING ELEVATION DRAWINGS - a0 sides of aN buildings indud'mg height dimensions, colors and materials;
REDUCED BUILDING ELEVATIONS -four sides of buld'mg with colors and materials to scale (8 iS X 11) (bfadk and whNe and rotor rendering, H
possible) as required.
L SIGNAGE: (Division 19. SIGNS I Section 3-1806) ~~~ f ~'~'~,1C~~iD
O Comprehensive Sign Program application, as applcable (separate eppl~cation and tee required).
O Reduced signage profwsal (B `rS X 11) (color). H submitting Comprehensive Sign Program application.
~ J1. TRAFFIC IMPACT STUDY: (Section 4-801.C)
yg Include as required 'd proposed daveiopmerri wdl degrade the acceptable lev+al of service for any raadway as adopted in the Comprehensive Plan.
/ ~ Trip generation shall be based on the nwst recent editlon of the lrrsfihrte atTransportstlon F~gineer's Trip General MarwaL Refer to Section 4-801
C of the Commutity Development Code for exceptions to this n3qulrement
K. SIGNATURE:
1, the undersigned, acknowledge that aA represarrtations made In this
applcatian are true and acaaate to the best of my knowledge and
authorize City representatives to visit and photograph the properly
descn'6ed in this application.
Signatur f party owner or repn~entative
HARRY CLINE
STATE OF FLORIDA, COUNTY OF PINELLAS
Swom to and subscribed betatg me this ~a`day of
A.D. 20 t7$ to me and/or by
HARRY S. (;T.TNF~,,, who is persona k n has
produced as
Idenfiflption.
ta`ot"ary pubTrc, Rathleea A. 0' Hearn
MY commission expires:
Page 4 of 5 -Development Agreement Appllcafton - Cfty of Clearwater
L. AFFIDAVIT TO AUTHORIZE AGENT:
(Names of aN property
t. That {I am/we are) tite owner(s) and record title holder(s) oithe follovrrng described property (address or general bcaUon):
F,1 Q R G„l fvi n~a Rn»1 ov~rA _ C'1 aarnTatnr _ FT. ~Q7A7 con Rvtti},i t nAq
attached hereto and incorporated herein by reference.
2. That this property txtrrstNrrtes the property for which a request for a: (describe request)
from the density pool; and
pp ication or approve o trans er o eve opment rig is invo v~ng t e
properties on Exhibit "A" as both are the send and receiver of those Bevel
3. That the undersigned (harfiave) appo~ted and (does/do) appoint HARRY G Q,TATF.
as (hlsJUreir) agent(s) to execute arty pefiUons of other doaanerds necessary to aged such petition;
4. That lhls affidavit has been executed to induce the City of Clearwater, Florida to consider and ad on the above desaibed property;
5. That site visits to the properly are necessary by CNy representatives in order to process this application and the owner authorizes City
representatives to vlsN and photograph the property desrnbed in this appNcation;
6. That (Uwe), the undersigned authority, hereby certify that the foregoing is true and
STATE OF FLORIDA,
COUNTY OF PINELLAS /~
Before me the underslgrted, an officer duly twmmissioned by the taws of the State of Fbrida, on This ~ -/ TN day of
CJG.T . 200$ personaNy appealed WILLIAM M: --SHE}'HARD who having bee duty sw
Deposes and says that helshe fuih+ understands the contents of the afidavN that helshe signed
~'';~' ~:;'~ StiIWYN R PR81
My Commission Expires: ~ ~~ * MY COAIIIISSION i ~ X33168 Notary Public
EXPIRES: July22, 2a0y
+•~'For A~AT 8adrd Thrn Budget tlaCrry tirrvion
S:IPlanning DepartmenMpplkation FomrstdeveJopmerrt revtawtdevelopment agreement epplcafion3.doc
pment
rights.
Page 5 of 5 -Development Agreement AppNcation -City of Clearwater
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"- -. -.• Willie H. Shepherd ~ '
first party, !o Wi 1 1 ; am ,s ~ - - `
_P3miLlt Trust Agreement, dated February 29,•1984, known as the Sheghar~ Family e
Trust . J'"
whoso,posto-fice oddress fr • 61g Gu,tfview Blvd., Clearwater, Fd 39630
sar:ond pitit~: ~ _
(lMlrmsr a.d M,eie t tna •'Gru pparq`• aaJ ..,coed Wtr" aWl iaiiud, ,ie,et+r eed ,4"al, Min. tqJ :'
, r a~4 ~) ~ of iedi.iBuL, aed tM wcowu aed arum oI raycauoe,, rhrmtr tM to"wt ,
~ilitllessetll, Tltat the said Jin) party, Jor and in rnn:iderolion of IAe sum p- s --0--
in hand pdd ~ the add second party, the reeoifit whrraoJ is hereby tie/tnowfarlged, doer herebg gemisa, n- -"
' Ieass and qu[ttfatm .canto the snld second pttrty Joretur, all~tbe ntgbt, Utle, inlerut, claim end demand tohlch •
the sntd Jint party ha: [y-and 10 [fee Jollou:ing do:er[bad lot, pieta or parcel of Iand, silraale, Jying and Iseing
in the Count} o/ Pi ellas Stara of Plarfda , to-u,tt: •
" ~ See Exhibit "A" attached hereto.
Full power and authority is granted by'this deed to said Trustee or his settees-'
ors to protest, conseKve, sell, leas,, improve, to Canvey either with or with-
out consideration, to mortgage, pledge, or oterwise encumber said property
and Y.o manage and dispose of the real property oc any pare of it described
`in this recorded instrument. •
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Subject to [estrictiod°s and easements of .record. _ -
StlbjeZt ~ to that certain mortgage pcesenCly held bj(' the Hank of elearwater, - _
a state banking association art the principal•sum of 5405,000 dated February _
28, 1983; and filed March 4; ,1983 in OR 5484 Page 1555 of the Public Records I •
of Pinellas County, Florida. •' •
This property is not~hoaestead property, The Grantor resides at 500 Bluff View
Driver Belleau Bluffs, Florida.
THIS ,DEEQ IS RECORDED FOB THEE PURPOSE' OP CORRECTING THE DATE OF )iE SHEPHARD ;
FAMILX TRUST AGREEMENT W!lICH SHOULD BE FEBRUARY 2~ 1a~3~I9 '3115 ~8- ' r
~ • el -
. RECOR-ING i
l0 I14IJe ~~ ~ I1V~1{ Il,e -nma.logelftrr u»Ib oIl pad singular the appurtennncet tf~iraewrto
bn~ongjpg or !n anywise appeNa[nlnp, and all the r:Iola, ripht• Idle, inlercal, j -'~e~ii'1Ty.7>if~ r:Ialt~ what.
soet~e~r~~o~~f ``[~~b~~""e~" st~aid Jint party, c[Ihtr [n low or r,ftrity, to thn only proper use, benefit and behoaJ'taJ-Ifrw said
~a ~libress ~herepf, Thr.3air1 firs! potty bas Signrd and saatca thr:e prcsenls [he day aid yea'r'
-irst above urritltn.' '
Sipped, led and delivered Qn p
~ •• ' .- • ... WILLFAH M: SHEP •' -•'
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STATE OF FLOR[DA, ~ ~ 't .
t,K7UNTY QF PZNELLAS .^ '
~+ - 1 HEREBY CERTIFY that oa this day br[dt'e me,:alt
offirrr duly authorurd io the Starr aluresaid and in the Count, a~ureatd m wle ac4nawkdgmrati, pear~3a8g••appr~jd
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WILLIAM H'. SHEPHARD ~ `•
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' • ~VII'1;E.ti5 rmr hand and ollirut uxl in the <:nunty and Sta}e .trot a[unsaid th- ,3 r ~ ~ a day_of
C(., -L+ A.• D 19 58.E
/// _ ~~ CSC NOTARY PUBLYC•
• .~ S~ ~y commission expires: ~,
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_ Lote 1 thru 5r Block "C",•Bayaide Evbdiviaioa #5, according to the
• map ot" plat th~ereoE as recorded is Plat Hook 38, Pages 38 and 39,
• Public Records of Pi6ellae County, Florida, and begin at the North-
' corner of Lot 1, Bloct =C". Wayside Subdivision #5; ~s
_ weaierly '
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recorded in Pldt Hook 38, Pages 38 and 39, -of the Fw~lic He~oFds` of •
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shore dine of Glearwater 'Bay 67 .feet core or leaf to the intersez _.. _T •
tion of t~-e shore line of Clearwater Bay and the Veaterly ~oundsry
• -line of said Lot 1, Block "C", Wayside Subdivision #5, thence North '
• ..12 degrees 40' 00"E, along the•iiesterly boundary of the said Lot 1, _ -
' _ •~oc~c~~", Bayride Subdivision #5, • Y95 feat -bore or leas 'to the
• Point of Begiaaing, Section 1.7, Township 2
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PREPARED BY AND RETURN TO:
HARRY S. CLINE, Esquire
Macfarlane, Ferguson &
McMullen
625 Court Street, Suite 200
Post Office Box 1669
Clearwater, FL 33757
DEVELOPMENT AGREEMENT
THIS DEVELOPMENT AGREEMENT ("AGREEMENT") is dated the day of
2009, and entered into between WILLIAM M. SHEPHARD, Trustee
U/A/D 2/29/84 ("Developer"), its successors and assigns, and the CITY OF CLEARWATER,
FLORIDA. a political subdivision of the State of Florida acting through its City Council, the
governing body thereof ("City").
RECITALS:
WHEREAS, one of the major elements of the City's revitalization effort is a preliminary
plan for the revitalization of Clearwater Beach entitled Beach by Design; and
WHEREAS, Sections 163.3220 - 163.3243, Florida Statutes, which set forth the Florida
Local Government Development Agreement Act ("Act"), authorize the City to enter into binding
development agreements with persons having a legal or equitable interest in real property located
within the corporate limits of the City; and
WHEREAS, under Section 163.3223 of the Act, the City has adopted Section 4-606 of
the City of Clearwater Community Development Code ("Code"), establishing procedures and
requirements to consider and enter into development agreements; and
WHEREAS, Beach by Design as amended by City of Clearwater Ordinance No. 7925-08
proposed additional hotel units to equalize development opportunities on the beach between
overnight accommodations and attached dwellings and ensure Clearwater Beach remains a
quality, family resort community by further providing for a reserve of additional hotel units
["Hotel Density Reserve"] to be made available for such mid-sized hotel projects; and
WHEREAS, the Developer controls approximately 2.689+ acres of real property
("Property") in the corporate limits of the City, consisting of 2.37± acres of upland from the face
of the seawall more particularly described on Exhibit "A" attached hereto and incorporated
herein; and
WHEREAS, the Developer desires to develop the Property by demolishing existing hotel
rooms and other uses in order to add overnight accommodation units, minimal meeting space for
guest use, ground level pool, tiki-bar/pool on the roof, new lobby and parking with parking
spaces, generally conforming to the architectural elevation dimensions shown in composite
Exhibit "B"; and
WHEREAS, upon completion the planned mid-priced hotel will contain one hundred
eighty-six (186) units, which includes sixty-eight (68) units from the available Hotel Density
Reserve; and
W1-IEREAS, the City has conducted such hearings as are required by and in accordance
with Chapter 163.3220 Fla. Stat. (2008) and any other applicable law; and
WHEREAS, the City has determined that, as of the Effective Date of this Agreement, the
proposed project is consistent with the City's Comprehensive Plan and Land Development
Regulations; and
WHEREAS, the City has conducted public hearings as required by §§ 4-206 and 4-606 of
the Community Development Code; and
WHEREAS, at a duly called public meeting on , 2009, the City
Council approved this Agreement and authorized and directed its execution by the appropriate
officials of the City; and
WHEREAS, the Community Development Board approved the design and site plan as
FLD2008-12033 on , 2009, conditioned upon the approval and execution of
this Agreement; and
WHEREAS, approval of this Agreement is in the interests of the City in furtherance of
the City's goals of enhancing the viability of the family nature of the beach community and in
furtherance of the objectives of 13euch by Design; and
WI-IEREAS, Developer has approved this Agreement and has duly authorized certain
individuals to execute this Agreement on Developer's behalf.
STATEMENT OF AGREEMENT
In consideration of and in reliance upon the premises, the mutual covenants contained
herein, and other good and valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, the parties hereto intending to be legally bound and in accordance with
the Act, agree as follows:
SECTION 1. Recitals. The above recitals are true and correct and are a part of this
Agreement.
,,
SECTION 2. Incorporation of the Act. This Agreement is entered into in compliance
with and under the authority of the Code and the Act, the terms of which as of the date of this
Agreement are incorporated herein by this reference and made a part of this Agreement. Words
used in this Agreement without definition that are defined in the Act shall have the same
meaning in this Agreement as in the Act.
SECTION 3. Property Subject to this Agreement. The Property described in Exhibit
"A" is subject to this Agreement ("Property").
3.1 The Property has two (2) land use designations and zoning districts:
Land Use: Resort Facilities High ["RFH"] and Preservation ["P"]; and
Zoning: Tourist ["T'] and Open Space/Recreation ["OS/R"] Districts.
3.2. The Property is owned in fee simple by the Developer.
3.3 The Property is generally located at 619 S. Gulfview Boulevard, Clearwater, FL
33767 as more li~rther described in Exhibit "A".
SECTION 4. Scope of Project.
4.1 The Property is 2.37 acres. Under current zoning it is authorized 50 units per
acre, or 118 permitted units. The Developer is seeking 68 units from the Hotel Density Reserve,
for an overall total of 186 overnight accommodations. The projected height of the building is
138 feet.
4.2 The Project shall include the following parking spaces, as defined in the
Community Development Code:
Existing Garage: 191 striped + 1 handicap + 28 overflow = 220 total
Proposed Garage: 123 str~ed + 1 handicap + 40 overflow = 164 total
Grand Total 314 striped + 2 handicap + 68 overflow = 384 total
4.3 The design of the Project, as represented in Exhibit "B", is consistent with Beach
by Design, except as otherwise shown on Exhibit "B".
4.4 No more than twenty-five (25%) percent of overnight accommodation units shall
have full kitchens. Kitchens shall be limited to those units identified on approved plans.
4.~ The Project shall comply with the Metropolitan Planning Organization's ["MPO"]
countywide approach to the application of concurrency management for transportation purposes.
SECTION 5. Effective Date/Duration of this Agreement.
-,
5.1 This Agreement shall not be effective until this Agreement is properly recorded in
the public records of Pinellas County, Florida, and thirty (30) days have elapsed after having
been received by the Department of Community Affairs pursuant to Florida Statutes Section
163.3239 and Clearwater Community Development Code Section 4-606.G.2."
5.2 Within fourteen (14) days after the City approves the execution of this
Agreement, the City shall record the Agreement with the Clerk of the Circuit Court for Pinellas
County. The Developer shall pay the cost of such recording. The City shall submit to the
Department of Community Affairs a copy of the recorded Agreement within fourteen (l4) days
after the Agreement is recorded.
5.3 This Agreement shall continue in effect until terminated, as defined herein, but for
a period not to exceed ten (10) years.
SECTION 6. Obligations under this Agreement.
6.1 Obligations of the Developer:
6. ] .1 The obligations under this Agreement shall be binding upon and the
benefits of this Agreement shall inure to the Developer, its successors in interests or
assigns.
6.1.2 At the time of development of the Property, the Developer will submit
such applications and documentation as are required by law and shall comply with the
City's Code applicable at the time of building permit review.
6.1.3 The following restrictions shall apply to development of the Property:
6.1.3.1 The Property and improvements located thereon shall be
developed in substantial conformance with the Site Plan attached as Exhibit "B"
and approved by the Community Development Board ("CDB") as case number
FLD2008-]2033. Any minor revisions or changes to the Site Plan shall be
consistent with the approved Site Plan and shall be approved by the Planning
Director as a minor modification, pursuant to the Code. Any modifications
determined by the Planning Director as either inconsistent with the approved Site
Plan or constituting a substantial deviation from the approved Site Plan and thus
requiring further approval by the CDB shall require an amendment to this
Agreement in accordance with the procedures of the Act and the Code, as
necessary and applicable. Any and all such approved and adopted amendments
shall be recorded in the public records of Pinellas County, Florida.
6.1.3.2 The Developer shall obtain building permits, and shall thereafter
timely obtain required certificates of occupancy, in accordance with Code Section
4-407. The Developer shall commence vertical construction, defined as work on
the project other than clearing, grubbing, or other preliminary site preparation
wort:, in accordance with applicable provisions of the Code and of the Florida
4
Building Code. Nothing herein shall restrict Developer from seeking an extension
of these time frames pursuant to applicable provisions of the Code and of the
Florida Building Code or from seeking an amendment to this Agreement.
6.1.3.3 The Developer shall execute, prior to commencement, a
mandatory evacuation/closure covenant, substa~itially in the form of Exhibit "C",
that the accommodation use will closed as soon as practicable after a hurricane
watch that includes Clearwater Beach is posted by the National Hurricane Center.
6.1.1 Covenant of Unified Use. Prior to the issuance of the first building permit
for the Project, the Developer hereby agrees to execute the Covenant of Unified Use and
development for the Project Site providing that the Project Site shall be developed and
used as a single project, the form of which covenant is attached as Exhibit "D"; provided
however, that nothing shall preclude the Developer from selling the Fractional Share
Units, or from selling all or a portion of the Developer's Property in the event that
Developer determines not to construct the Project. Additionally, prior to the issuance of
the first building permit for the Project, the Developer hereby agrees to execute a
Declaration of Unity of Title for the Project Site providing that the Project Site shall be
developed and used as a single project, the form of which Declaration of Unity of Title is
available from the City Planning Department. It is understood and agreed that, in the
event that the Developer enters into the anticipated Covenant of Unified Use and
development, and the Developer elects not to construct the Project and notifies the City
of its election in writing, and, alternatively, as of the date of expiration, termination or
revocation of any rights of Developer to incorporate the Hotel Density Reserve Units into
the Project, the City shall execute and deliver to the Developer a termination of such
covenant of unified use and development suitable for recording in the Public Records of
Pinellas County, Florida. Additionally, the City shall execute and deliver to the
Developer a Release of Unity of Title suitable for recording in the Public Records of
Pinellas County, Florida.
6.1.5 Allocation of Units from Hotel Density Reserve• Return of Units to
Reserve Pool• Covenant Re ag rdin~ Use of Units. Subject to the terms and conditions of
this Agreement, the City hereby allocates and grants to the Developer from the Hotel
Density Reserve an additional sixty-eight (68) hotel units to the Project Site in
accordance with applicable law. In the event this Agreement is terminated pursuant to
Section 10 of this Agreement, or if any units granted to the Developer from the Hotel
Density Reserve are not constructed in conjunction with the Project approved by
FLD2008-12033 and in accordance with Paragraph 6.1.3.2, or if any units or the Project
fail to meet and maintain the criteria for Hotel Density Reserve units contained in City of
Clearwater Ordinance No. 7925-08, said units shall be returned to the Hotel Density
Reserve and be unavailable to the Developer for use on the Project, pursuant to Beach by
Design. Prior to the issuance of the Certificate of Occupancy for the Project, the
Developer hereby agrees to execute and record a Covenant in the Public Records of
Pinellas County, Florida restricting the Hotel Density Reserve Units in perpetuity to the
use approved by FLD2008-12033 and by this Agreement.
5
6.1.6 Transient Use. Occupancy in the overnight accommodation units is limited
to a term of less than one (1) month or thirty (30) consecutive days, whichever is less.
Nothing herein shall prevent a purchaser of a fractional share unit from owning a period
of time greater than thirty (30) days, provided every occupancy is limited to thirty (30)
consecutive days or one (1) month.
6.2 Obligations of the City.
6.2.1 The City shall promptly process site and construction plan applications for
the Property that are consistent with the Comprehensive Plan and the Concept Plan and
that meet the requirements of the Code.
6.2.2 The final effectiveness of any approvals of the applications referenced in
Section 6.2.1 is subject to:
6.2.2.1 The provisions of Chapters 163 and 166, Florida Statutes, as they
may govern such amendments; and
6.2.2.2 The expiration of any appeal periods or, if an appeal is filed, at the
conclusion of such appeal.
6.2.3 The Project shall receive sixty-eight (68) units from the Hotel Density
Reserve as defined in Beach by Design.
SECTION 7. Public Facilities to Service Development. The following public facilities
are presently available to the Property from the sources indicated below. Development of the
Property will be governed by the concurrency ordinance provisions applicable at the time of
development approval. With respect to public infrastructure and services subject to concurrency
requirements, all applicable concurrency provisions for the proposed development have been
met.
7.1 Potable water is available from the City. The Developer shall be responsible for
all necessary main extensions and applicable connection fees.
7.2 Sewer service is currently provided by the City. The Developer shall be
responsible for all necessary main extensions and applicable connection fees.
7.3 Fire protection from the City.
7.q Drainage facilities for the Property will be provided by the Developer at the
Developer's sole expense.
7.5 Al] improvements associated with the public facilities identified in Subsections
7.1 through 7.4 shall be completed prior to the issuance of any certificate of occupancy.
7.6 Transportation concurrency requirements have been met.
6
7.7 The Developer is responsible for the payment of any required impact fees.
SECTION 8. Required Local Government Permits. The required local government
development permits for development of the Property include, without limitation, the following:
8.1 Site plan approval(s) and associated utility licenses, access, and right-of--way
utilization permits;
8.2 Construction plan approval(s);
8.3 Building permit(s); and
8.4 Certificate(s) of occupancy.
SECTION 9. Consistency. The City finds that development of the Property is
consistent with the terms this Agreement is consistent with the City Comprehensive Plan and the
Code.
SECTION 10. Termination.
10.1 If the Developer's obligations set forth in this Agreement are not followed in a
timely manner, as reasonably determined by the City Manager, after notice to the Developer and
an opportunity to be heard, existing permits shall be administratively suspended and issuance of
new permits suspended until the Developer has fulfilled its obligations. Failure to timely fulfill
its obligations may serve as a basis for termination of this Agreement by the City, at the
discretion of the City and after notice to the Developer and an opportunity for the Developer to
be heard.
SECTION 11. Other Terms and Conditions.
ll.l Except in the case of termination, until ten (10) years after the date of this
Agreement, the Property shall not be subject to down-zoning, unit density reduction, or intensity
reduction, unless the City has held a public hearing and determined:
1 l .1.1 That substantial changes have occurred in pertinent conditions existing at
the time of approval of this Agreement; or
11. ] .2 This Agreement is based on substantially inaccurate information provided
by the Developer; or
1 l .1.3 That the change is essential to the public health, safety, or welfare.
SECTION 12. Compli~~nce with La~~~. The failure of this Agreement to address any
particular permit.. condition, term or restriction shall not relieve the Developer from the necessity
of complying with the law governing such permitting requirements, conditions, terms or
restrictions.
7
SECTION 13. Notices. Notices and commwiications required or desired to be given
under this Agreement shall be given to the parties by hand delivery, by nationally recognized
overnight courier service such as Federal Express, or by certified mail, return receipt requested,
addressed as follows (copies as provided below shall be required for proper notice to be given):
If to the Developer: William M. Shephard, Trustee
619 S. Gulfview Boulevard
Clearwater, FL 33767
With Copy to: Harry S. Cline, Esq.
Macfarlane Ferguson & McMullen
Post Office Box 1669
Clearwater, FL 33757
With Copy to: Oscar I. Garcia, AIA
318 SE 8`~' Street
Fort Lauderdale, FL 33316
tf to City: City of Clearwater, City Attorney
A"1'TN: Pamela Akin, Esq.
112 South Osceola Avenue
Clearwater, FL 33756
Properly addressed, postage prepaid, notices or communications shall be deemed delivered and
received on the day of hand delivery, the next business day after deposit with an overnight
courier service for next day delivery, or on the third (3"~) day following deposit in the United
States mail, certified mail, return receipt requested. The parties may change the addresses set
forth above (including the addition of a mortgagee to receive copies of all notices), by notice in
accordance with this Section.
SECTION 14. Assignments.
14.1 By the Developer:
14.1. ] Prior to the Commencement Date, tl~e Developer may sell, convey, assign
or otherwise dispose of any or all of its right, title, interest and obligations in and to the
Project, or any part thereof, only with the prior written notice to the City, provided that
such party (hereinafter referred to as the "assignee"), to the extent of the sale,
conveyance, assigmment or other disposition by the Developer to the assignee, shall be
bound by the teens of this Agreement the same as the Developer for such part of the
Project as is subject to such sale, conveyance, assignment or other disposition.
14.1.2 If the assignee of the Developer's right, title, interest and obligations in
and to the Project, or any part thereof assumes all of the Developer's obligations
hereunder for the Project, or that part subject to such sale, conveyance, assignment or
8
other disposition, then the Developer shall be released from all such obligations
hereunder which have been so assumed by the assignee, and the City agrees to execute an
instrument evidencing such release, which shall be in recordable form.
] 4.1.3 An assignment of the Project, or any part thereof, by the Developer to any
corporation. limited partnership, limited liability company, general partnership, or joint
venture, in which the Developer (or an entity under common control with Developer) has
either the controlling interest or through a joint venture or other arrangement shares equal
management rights and maintains such controlling interest or equal management rights
shall not be deemed an assignment or transfer subject to any restriction on or approvals of
assignments or transfers imposed by this Agreement, provided, however, that notice of
such assignment shall be given by the Developer to the City not less than thirty (30) days
prior to such assignment being effective and the assignee shall be bound by the terms of
this Agreement to the same extent as would the Developer in the absence of such
assignment.
14.1.4 No assignee, purchaser, sublessee or acquirer of all or any part of the
Developer's rights and obligations with respect to any one Parcel shall in any way be
obligated or responsible for any of the Developer's obligations with respect to any other
Parcel by virtue of this Agreement unless and until such assignee, purchaser, sublessee or
acquire has expressly assumed the Developer's such other obligations.
14.1.5 Notwithstanding any other provision of this paragraph, the sale of
individual Interval Ownership Units in the ordinary course of business shall not be
subject to the requirements of this paragraph.
14.2 Successors and Assigns. The terms herein contained shall bind and inure to the
benefit ol~ the City. and its successors and assigns, and the Developer and, as applicable to the
parties comprising Developer, their personal representatives, trustees, heirs, successors and
assigns, except as ma~~ otherwise be specifically provided herein.
SECTION 15. Minor Non-Compliance. The Developer will not be deemed to have
failed to comply with the terms of this Agreement in the event such noncompliance, in the
judgment of the City Manager, reasonably exercised, is of a minor or inconsequential nature.
SECTION 16. Covenant of Cooperation. The parties shall cooperate with and deal
with each other in good faith and assist each other in the performance of the provisions of this
Agreement and in achieving the completion of development of the Property.
S(?C770N l7. Approvals. Whenever an approval or consent is required under or
contemplated by this Agreement such approval or consent shall not be unreasonably withheld,
delayed or conditioned. All such approvals and consents shall be requested and granted in
writing.
SECTION 18. Completion of Agreement. Upon the completion of performance of this
Agreement or its revocation or termination, a statement evidencing such completion, revocation
9
or termination shall be signed by the parties hereto and recorded in the official records of the
City.
SECTION 19. Entire Agreement. This Agreement (including any and all Exhibits
attached hereto all of which are a part of this Agreement to the same extent as if such Exhibits
were set forth in full in the body of this Agreement), constitutes the entire agreement between the
parties hereto pertaining to the subject matter hereof.
SECTION 20. Construction. The titles, captions and section numbers in this
Agreement are inserted for convenient reference only and do not define or limit the scope or
intent and should not be used in the interpretation of any section, subsection or provision of this
Agreement. Whenever the context requires or permits, the singular shall include the plural, and
plural shall include the singular and any reference in this Agreement to the Developer includes
the Developer's successors or assigns. This Agreement was the production of negotiations
between representatives for the City and the Developer and the language of the Agreement
should be given its plain and ordinary meaning and should not be strictly construed against any
party hereto based upon draftsmanship. If any term or provision of this Agreement is susceptible
to more than one interpretation, one or more of which render it valid and enforceable, and one or
more of which would render it invalid or unenforceable, such term or provision shall be
construed in a manner that would render it valid and enforceable.
SECTION 21. Partial Invalidity. If any term or provision of this Agreement or the
application thereof to any person or circumstance is declared invalid or unenforceable, the
remainder of this Agreement, including an_y valid portion of the invalid term or provision and the
application ol~ such invalid term or provision to circumstances other than those as to which it is
held invalid or unenforceable, shall not be affected thereby and shall with the remainder of this
Agreement continue unmodified and in full force and effect. Notwithstanding the foregoing, if
such responsibilities of any party hereto, to the extent that the purpose of this Agreement or the
benefits sought to be received hereunder are frustrated, such party shall have the right to
tern~inate this Agreement upon fifteen (15) days written notice to the other parties.
SECTION 22. Code Amendments. Subsequently adopted ordinances and codes of the
City which is of general application not governing the development of land shall be applicable to
the Property, and such modifications are specifically anticipated in this Agreement.
SECTION 23. Governing Lew. This Agreement shall be governed by, and construed
in accordance with the laws of the State of Florida without regard to the conflict of laws
principles of such state.
SECTION 24. Counterparts. This Agreement may be executed in counterparts, all of
which together shall continue one and the same instrument.
SECTION 25. Amendment. This Agreement may be amended by mutual written
consent of the City, the Developer, and the Association so long as the amendment meets the
requirements of the Act, applicable City ordinances, and Florida law.
10
IN WITNESS WHEREOF, the parties have hereto executed this Agreement the date and
year first above written.
In the Presence of:
Print Name
Print Name
As to "Developer"
WILLIAM M. SHEPHARD, Trustee
U/A/D 2/29/84
CITY OF CLEARWATER, FLORIDA
Print Name:
Print Name
As to "City"
By:
Attest:
William B. Horne II,
City Manager
Cynthia E. Goudeau, City Clerk
Countersigned:
Frank V. Hibbard, Mayor
Approved as to Form:
Leslie K. Dougall-Sides
Assistant City Attorney
STATE OF FLORIDA
COUNTY OF PINELLAS
The foregoing instrument was acknowledged before
.2009, by WILLIAM M. SHEPHARD, Trustee.
known to me or has [ ]produced
Notary Public
Print Name:
My Commission Expires:
STATE OF FLORIDA
COUNTY OF PINELLAS
The foregoing instrument was acknowledged before me this day of
2009, by WILLIAM B. HORNE, II, as City Manager of the City of
Clearwater. Florida, who is [ ]personally known to me or who has [ ]produced
as identification.
Notary Public
Print Name:
My Commission Expires:
me this day of
He is [ ] personally
as identification.
12
rXHIl31T "A"
Legal Description of Project Site
Lots 1 thru 5, Block "C", Bayside Subdivision #5,
according to the map or plat thereof as recorded in
Plat Book 38, Pages 38 and 39, Public Records of
Pinellas County, Florida, and begin at the
northwesterly corner of Lot 1, Block "C", Bayside
Subdivision #5, as recorded in Plat Book 38, Pages 38
and 39, of the Public Records of Pinellas County,
Florida; thence N 54°25'30" W., 65.14 feet along the
southerly line of Gulf Boulevard; thence S 12°40'00"
W., and parallel to the westerly boundary of the said
Lot 1, Block "C", Bayside Subdivision #5, a distance
boundary of 286 feet to the waters of Clearwater Bay
and thence easterly along the shore line of Clearwater
Bay 67 feet more or less to the intersection of the
shore line of Clearwater Bay and the westerly boundary
line of said Lot 1, Block "C", Bayside Subdivision #5,
thence N 12°40'00" E., along the westerly boundary of
the said Lot 1, Block "C", Bayside Subdivision #5, 295
feet more or less to the Point of Beginning, Section
17, Township 29 South, Range 15 East, Pinellas County,
Florida.
13
CXHIBIT "B"
Site Plan, Elevations and Floor Plans
14
EXHIBIT "C"
COVENANT REGARDING HURRICANE EVACUATION
And DEVELOPMENT, USE AND OPERATION
DECLARATION OF COVENANTS AND RESTRICTIONS
TH1S DECLARATION OF COVENANTS AND RESTRICTIONS ("Declaration") is
made as of the day of 2009, by WILLIAM M. SHEPHARD,
Trustee U/A/D 2/29/84 ("Developer").
Developer is the owner of fee simple title to the real property described in Schedule 1
attached hereto and made a part hereof (hereinafter, the ("Real Property"). The City of
Clearwater, Florida (the "City"), has amended it's Comprehensive Plan to designate Clearwater
Beach as a Community Redevelopment District pursuant to the Pinellas County Planning
Council Rules in order to implement the provisions of Bench by Design, a plan for the
revitalization of Clearwater Beach.
The designation of Clearwater Beach as a Community Redevelopment District (the
"Designation") provides for the allocation of Hotel Density Reserve Units as an incentive for the
development of mid-size quality hotels. Pursuant to the Designation, the allocation of Hotel
Density Reserve Units is subject to compliance with a series of performance standards, including
a requirement that resorts containing a hotel developed with Hotel Density Reserve Units shall
be closed and all Guests evacuated from such resorts as soon as practicable after the National
Hurricane Center posts a hurricane watch that includes Clearwater Beach. The purpose of such
evacuation is to ensure that such a Resort Hotel is evacuated in advance of the period of time
when a hurricane evacuation would he expected in advance of the approach of hurricane force
winds.
The City has granted, by City Council Resolution ,passed and approved on
20 ,Developer's application for Hotel Density Reserve Units pursuant to the
Designation, subject to Developer's compliance with the requirements of the Designation.
Developer desires for itself, and its successors and assigns, as owner, to establish certain rights,
duties, obligations and responsibilities with respect to the use and operation of the Real Property
in accordance with the terms and conditions of the allocation of the Hotel Density Reserve Units
to the City and the Designation, which rights, duties, obligations and responsibilities shall be
binding on any and all successors and assigns and will run with the title to the Real Property.
TIIEREFORE, in consideration of the covenants and restrictions herein set forth and to
be observed and performed, and in further consideration of the allocation of Hotel Density
Reserve Units to Developer, and other good and valuable consideration, the sufficiency of which
is hereby acknowledged, Developer hereby declares, covenants and agrees as follows:
15
1. Benefit and Enforcement. These covenants and restrictions are made for the
benefit of Developer and its successors and assigns and s11a11 be enforceable by them and also for
the benefit of the residents of the City and shall be enforceable on behalf of said residents by the
City Council of the City.
2. Covenant of Development Use and Operation. Developer hereby covenants and
agrees to the development, use and operation of the Real Property in accordance with the
provisions of this Declaration.
2.1 Use. The use of the resort on the Real Property is restricted as follows:
2.1.1 A minimum of sixty-eight (68) units, which is the number of hotel units
allocated to Developer, shall be used solely for transient occupancy of one month
or thirty (30) consecutive days or less. mist be licensed as a public lodging
establishment and classified as a hotel, and must be operated by a singlelicensed
operator of the hotel. No such hotel unit shall be used as a primary or permanent
residence.
2.1.2 All other units shall be licensed as a public lodging establishment. No unit
shall be used as a primary or permanent residence.
2.1.3 As used herein, the terms "transient occupancy," "public lodging
establishment," "hotel," "time share," and "operator" shall have the meaning given
to such terms in Chapter 509, Part I, Florida Statutes (2004).
2.2 Closure of Improvements and EVdCLlatloll. The Hotel developed on the Real
Property shall be closed as soon as practicable upon the issuance of a hurricane watch by the
National Hw-ricane Center, which hurricane watch includes Clearwater Beach, and all Hotel
guests, visitors and employees other than emergency and security personnel required to protect
the resort. shall be evacuated from the Hotel as soon as practicable following the issuance of said
hurricane watch. In the event that the National Hurricane Center shall modify the, terminology
employed to warn of the approach of hurricane force winds, the closure and evacuation
provisions of this Declaration shall be governed by the level of warning employed by the
National Hurricane Center which precedes the issuance of a forecast of probable landfall in order
to ensure that the guests, visitors and employees will be evacuated in advance of the issuance of
a forecast of probable landfall.
3 Effective Date. "Chis Declaration shall become effective upon issuance of
,~ ~~
all building permits required to build the project (Project) and Developer s commencement of
constn~ction of the Project, as evidence by a Notice of Commencement for the Project. This
Declaration shall expire and terminate automatically if and when the allocation of Reserve Units
to the Developer expires or is terminated.
4 Governing_ Law. This Declaration shall be construed in accordance with and
governed by the laws of the State of Florida.
16
5 Recording. This Declaration shall be recorded in the chain of title of the Real
Property with the Clerk of the Courts of Pinellas County, Florida.
6 Attorneys' Fees. Developer shall reimburse the City for any expenses, including
reasonable attorneys' fees, which are incurred by the City in the event that the City determines
that it is necessary and appropriate to seek judicial enforcement of this Declaration and the City
obtains relief, whether by agreement of the parties or through order of a court of competent
jurisdiction.
7 Severability. If any provision, or part thereof, of this Declaration or the
application ol~ this Declaration to any person or circumstance will be or is declared to any extent
to e invalid or unenforceable, the remainder of this Declaration, or the application of such
provision or portion thereof to any person or circumstance, shall not be affected thereby, and
each and every other provision of this Declaration shall be valid and enforceable to the fullest
extent permitted by law.
IN WITNESS WHEREOF, Developer has caused this Declaration to be executed this
day of , 2009.
In the Presence of:
Print Name
Print Name
As to "Developer"
Print Name:
Print Name
As to "City"
CITY OF CLEARWATER, FLORIDA
By:
William B. Horne, II,
City Manager
Attest:
Cynthia E. Goudeau, City Clerk
17
Countersigned:
Frank V. Hibbard, Mayor
Approved as to Form:
Leslie K. Dougall-Sides
Assistant City Attorney
STATE OF FLORIDA
COUNTY OF PINELLAS
The foregoing instrument was acknowledged before me this
2009, by WILLIAM M. SHEPHARD, Trustee.
known to me or has [ ]produced
Notary Public
Print Name:
My Commission Expires:
STATE OF FLORIDA
COUNTY OF PINELLAS
The foregoing instrument was acknowledged before me this day of
2009, by WILLIAM B. HORNE, II, as City Manager of the City of
Clearwater, Florida, who is [ ]personally known to me or who has [ ]produced
as identification.
Notarv Public
Print Name:
My Commission Expires:
day of
He is [ ]personally
as identification.
18
EXHIBIT "D"
COVENANT OF UNIFIED USE
PLEASE RETURN RECORDED DOCUMENT TO:
COVENANT OF UNIFIED USE
Tl-IlS COVENANT OF UNI>?IED USE (the "Agreement") is executed this day of
2009, by ("Developer").
WITNESSETH:
WHEREAS, Developer is the owner of the real property legally described on Schedule
"A" attached hereto and incorporated herein by reference (the "Real Property"); and
WHEREAS, Developer and the City of Clearwater, Florida (the "City") are parties to that
certain Development Agreement dated 2009 (the "Development Agreement"),
pursuant to which the City has agreed that Developer may develop and construct upon the Real
Property a hotel project as described in the Development Agreement (the "Project"); and
WHEREAS, Developer intends to develop and operate the Real Property for a unified
use, as more particularly described in this Agreement.
NOW. THEREFORE, in consideration of the sum of Ten Dollars ($10.00) and other
good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged,
Developer does Hereby agree that, effective as of the date on which Developer receives all
permits required to construct the Project and Developer commences construction thereof, as
evidenced by a Notice of Commencement for the Project, the Real Property shall be developed
and operated as a hotel and fractional share/interval ownership project, as described in the
Development Agreement. The restrictions set forth in the preceding sentence shall expire
automatically when and if Developer's allocation of additional hotel units (as defined in the
Development Agreement) expires or is terminated. Nothing in this Agreement shall require
Developer to develop the Project or restrict Developer's ability to sell, assign, transfer or
otherwise convey its right in and to the Real Property or any portion or portions thereof to
unrelated third-parties. Further, nothing in this Agreement shall preclude the purchase and sale of
one or more Fractional Share Units to be constructed as a part of the Project (the "Fractional
Ownership") (or Hotel Units (as defined in the Development Agreement) if sold in a
condominium form of ownership), to separate, unrelated third parties, provided that such
Fractional Share Ownership or 1Iotel Units are operated and occupied as part of the Project as a
19
single uni lied project ~hrouohout the term of this Agreement. Developer agrees that the City shall
have the right to enforce the terms and conditions of this Agreement.
Notwithstanding the foregoing, all Hotel Units may be operated by a single hotel operator
and all Fractional Share Units may be operated by a different, single management firm/operator.
IN WITNESS WHEREOF, Developer has caused this Agreement to be executed this
day of , 2009.
In the Presence of:
Print Name
Print Name
As to "Developer'
Print Name:
Print Name
As to "City"
CITY OF CLEARWATER, FLORIDA
By:
William B, Horne, II,
City Manager
Attest:
Cynthia E. Goudeau, City Clerk
Countersigned:
Frank V. Hibbard, Mayor
Approved as to Form:
Leslie K. Dougall-Sides
Assistant City Attorney
20
STATE OF FLORIDA
COUNTY OF PINELLAS
The foregoing instrument was acknowledged before me this day of
2009, by WILLIAM M. SIIEPHARD, Trustee. He is [ ]personally known
to me or has [ ]produced as identification.
Notary Public
Print Name:
My Commission Expires:
STATE OF FLORIDA
COUNTY OF PINELLAS
The foregoing instrument was acknowledged before me this day of
2009, by WILLIAM B. HORNS, II, as City Manager of the City of
Clearwater, Florida, who is [ ]personally known to me or who has [ ]produced
as identification.
Notary Public
Print Name:
My Commission Expires:
H:AFISC\SI IEPIIARD\DevclopmcntAgmt.11-1 I'09.doc
21