8128-10
ORDINANCE NO. 8128-10
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
Ordinance No. 8128-10
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 Council, 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 ORis; and
WHEREAS, the public notice requirements of Chapter 380, Florida
Statutes, and the City have been satisfied; and
WHEREAS, the City Council has reviewed the NOPC, as well as all
related testimony and evidence submitted by each party and members of the
general public.
2
Ordinance No. 8128-10
BE IT ORDAINED BY THE CITY COUNCIL 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 Council, 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 Dev~lopment 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 orderwithin 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.
3
Ordinance No. 8128-10
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 of79,01 0 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 Council, 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.
4
Ordinance No. 8128-10
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 "8."
8. 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 "8."
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.
5
Ordinance No. 8128-10
C.
entirety.
Subsection 4.C.2. of the Development Order is deleted in its
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 s . ft. Retail 2,449 s . ft. Office
Notwithstanding the foregoing, development on Parcel 7 shall be
limited as follows:
I I N!INIMUM
Office 0
Wsquare feet of floor area
I MAXIMUM
135,376w
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
6
Ordinance No. 8128-10
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
December 17, 2009
PASSED ON SECOND READING
FINAL READING AND ADOPTED
January 14, 2010
---5~;/~
Frank V. Hibbard.
Mayor
Approved as to form:
Attest:
7
Ordinance No. 8128-10
EXHIBIT "A"
TO ORDINANCE NO. 8128-10
LEGAL DESCRIPTION OF PARK PLACE
Commence at the center of Section 17, Township 29 South, Range 16 East,
Pinellas County, Florida and go S 89046'01" W, 660.00 feet, along the South
boundary of the Northwest 1/4 of said Section 17 (the East-West centerline of
said Section 17;) thence N 00019'21" W, 50.00 feet, to a point on the North right-
of-way line of Gulf-to-Bay Boulevard - State Road 60 for a POINT OF
BEGINNING; thence, following said North right-of-way line, S 89046'01" W, 58.49
feet; thence N 00013'59" W, 10.00 feet; thence S 89046'01" W, 1319.21 feet;
thence, leaving said North right-of-way line, N 01004'04" E, 599.99 feet; thence S
89046'01" W, 198.43 feet; thence N 00052'21" E, 554.70 feet; thence S 89054'49"
W, 400.06 feet, to a point on the East right-of-way line of U.S. Highway 19;
thence, following said East right-of-way line, N 01004'04" E, 28.15 feet; thence
along a curve to the right that has a radius of 192.00 feet, an arc length of 72.82
feet, a chord length of 72.39 feet, a chord bearing of N 11056'04" E, thence N
22047'58" E, 11.93 feet; thence along a curve to the left that has a radius of
238.00 feet, an arc length of 16.13 feet, a chord length of 16.13 feet, a chord
bearing of N 20051'27" E, to a point on the North boundary of the Southwest 1/4
of the Northwest 1/4 of said Section 17; thence, leaving said East right-of-way
line of U.S. Highway 19, N 89054'49" E, 1222.19 feet, along the North boundary
of the. Southwest 1/4 of the Northwest 1/4 of said Section 17 to the Southwest
corner of the Northeast 1/4 of the Northwest 1/4 of said Section 17; thence N
00022'28" E, 1337.33 feet, along the West boundary of the Northeast 1/4 of the
Northwest 1/4 of Section 17 to the Northwest corner of said Northeast 1/4 of the
Northwest 1/4; thence S 89056'11" E, 1312.06 feet, along the North boundary of
said Northeast 1/4 of the Northwest 1/4 to a point on the West right-of-way line of
Hampton Road - County Road 144; thence S 00019'21" E, 2337.71 feet, along
said West right-of-way line; thence S 89046'01" W, 627.00 feet; thence S
00010'21" E, 280.00 feet, to the POINT OF BEGINNING, containing 99.133
acres, more or less.
Subject to easements and rights-of-way of record.
Information taken from survey by L1overas, Baur & Stevens, Consulting
Engineers-Land Surveyors, Clearwater, Florida, February 23, 1982.
8
Ordinance No. 8128-10
EXHIBIT "B"
TO ORDINANCE NO. 8128-10
Map H I Master Development Plan
9
Ordinance No. 8128-10
DREW TREET
N
PARCEL I
LIGHT INDUSTRIAL
100,000 SF
.
o
(1IID.VOG . D:lStlfG)
MULTI-FAMILY
234 n.u.
OFFICE
63,300 SF
250
,
500
IU.......,.""'y..u. -Il
(25,290 SF EXISTING)
EXISTING
~ (ACCESS
0'1'"
~~
::ii
o
15.
OFFICE
82,179 SF
P "'RCEl 8
1....11 rr ttmNl:)
COMMERCIAL
10,200 SF
COMIAERCIIIl
PARCEL 11
(,..mrrUlStltlQ)
(10,200 SF EXISTING)
CO. MMERCIAL 25....842 SF
(lltTM.) '. (a.t4t .. WIllI:) .
MASTER DEVELOPMENT PLAN
DATE:
P ARK PLACE DRI
~~t~
P.O. Box 10658 Tampa, F10ri 33679-065&
Phone: 813.877.7989 Fax: 8J3.877.7609
--EXISTING
ACCESS
~
a:
g
~
"
~rul\JRE
ACCESS
LAND USE
RETAll/ COMMERCIAL
OFFICE
l T. INDUSTRIAL
MULTI-FAMilY RESIDENTIAL
TOTAL
AMOUNT'
91,320 SF
467,939 SF
100,000 SF
390 DU
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.
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
TOTAL DEVELOPMENT. HOWEVER WILL NOT EXCEED THE AMOUNT
OF DEVELOPMENT APPROVED BY THE DEVELOPMENT ORDER.
2. THAT PORTION OF THE DEVELOPMENT THAT REMAINS TO BE
DEVELOPED IS REFERRED TO AS THE "PLANNED DEVELOPMENT".
THE BUILD.OUT DATE FOR THE PLANNED DEVELOPMENT AND FOR
THE TOTAL PROJECT IS DECEMBER 31, 2011.
3. CONVERSION RATES OF 1,000 SQUARE FEET OF LIGHT
INDUSTRIAL DEVELOPMENT TO 633 SQUARE FEET OF OFFICE
DEVELOPMENT ARE HEREBY ESTABLISHED ON PARCEL 1 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
REVISED:
Oct. 12, 2009
DRAWN BY:
MGC
MAP H
FIGURE:
1